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PA Bulletin, Doc. No. 03-1060

THE COURTS

PHILADELPHIA COUNTY

Amendment of Philadelphia Rule of Civil Procedure 229.1; President Judge General Court Regulation No. 2003-02

[33 Pa.B. 2655]

Order

   And now, this 19th day of May, 2003, the Board of Judges of Philadelphia County having voted at the Board of Judges' meeting held on May 15, 2003 to amend Philadelphia Rule of Civil Procedure 229.1, It Is Hereby Ordered that Philadelphia Rule of Civil Procedure 229.1 is amended effective July 1, 2003.

   This General Court Regulation is issued in accordance with Pa.R.Civil.P. No. 1023.1 and 1023.4, and shall become effective July 1, 2003. As required, the original General Court Regulation shall be filed with the Prothonotary in a Docket maintained for General Court Regulations issued by the President Judge of the Court of Common Pleas of Philadelphia County, and copies shall be submitted to the Administrative Office of Pennsylvania Courts, the Legislative Reference Bureau and the Civil Procedural Rules Committee. Copies of the Order shall also be submitted to American Lawyer Media, The Legal Intelligencer, Jenkins Memorial Law Library, and the Law Library for the First Judicial District.

FREDERICA A. MASSIAH-JACKSON,   
President Judge

Rule 229.1  Sanctions for Failure to Deliver Settlements Funds.

   (F)  Upon receipt of the attorney affidavit and supporting documentation required by paragraph (E)(2) above, the Released Party shall have twenty (20) days to file a response. If the Court finds that the Released party has violated this rule and that there is no material dispute as to the terms of the settlement or the terms of the release, the Court shall impose sanctions in the form of simple interest [at a rate equal to the coupon yield equivalent (as determined by the Secretary of the U. S. Department of Treasury) of the average accepted auction price for 52-week U. S. Treasury Bills at the auction] calculated at the rate equal to the prime rate as listed in the first edition of the Wall Street Journal published for the calendar year last preceding the date on which the attorney affidavit was filed, running from the twenty-first day to the date of delivery of the settlement funds, together with reasonable attorneys' fees incurred in the preparation of the affidavit.

[Pa.B. Doc. No. 03-1060. Filed for public inspection June 6, 2003, 9:00 a.m.]


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