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PA Bulletin, Doc. No. 05-1379

THE COURTS

Title 249--PHILADELPHIA RULES

PHILADELPHIA COUNTY

Adoption of Philadelphia Civil Rule 229.1; President Judge General Court Regulation No. 2005-04

[35 Pa.B. 4088]

Order

   And Now, this 22nd day of June, 2005, the Board of Judges of Philadelphia County having voted at the Board of Judges' meeting held on May 19, 2005 to adopt Philadelphia Civil Rule 229.1, It Is Hereby Ordered that Philadelphia Civil Rule 229.1 is adopted as follows.

   This General Court Regulation is issued in accordance with Pa.R.Civil.P. No. 239 and shall become effective [thirty (30) days after publication in the Pennsylvania Bulletin]. As required by Rule 239, 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 Civil Procedural Rules Committee, the Administrative Office of Pennsylvania Courts, and shall be posted on the website of the Unified Judicial System at: http://ujsportal.pacourts.us. 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 of Pennsylvania, and posted on the website of the First Judicial District: http://courts.phila.gov.

By the Court

FREDERICA A. MASSIAH-JACKSON,   
President Judge

Philadelphia Rule of Civil Procedure

Proposed Changes Presented to the Board of Judges on May 19, 2005

Rule 229.1 Sanctions for Failure to Deliver Settlement 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 calculated as set forth below together with reasonable attorneys' fees incurred in the preparation of the affidavit. Interest shall be calculated at [a] the rate equal to the prime rate as listed in the first edition of the Wall Street Journal published for the calendar [last] year preceding the date on which the [attorney affidavit was filed, running] settlement funds were payable, plus one percent, not compounded, calculated from the twenty-first day after the date of the settlement 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. 05-1379. Filed for public inspection July 22, 2005, 9:00 a.m.]


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