states and the relevant interests of those states in the determination of the particular issue, and the ease in the determination and application of the law to be applied. Restatement, supra at § 6, at 10.
The relevant policies of the forum are clear in this issue. As the Pennsylvania Court explained in Laudenberger, the basic aim of Rule 238 is to alleviate docket congestion and delay in disposition of cases in Pennsylvania by encouraging early settlement. Laudenberger, supra at 59. Thus, the interest of the forum, here, is significant. Examining the interests of Maryland, the court notes that while Maryland does not have a similar delay damage rule, Maryland's interest in whether this rule is applied is nominal. The purpose for which the rule was enacted cannot be of interest to the other state.
The ease in determination of application of the law to be applied is clear. Rule 238 provides for clerical, mathematical computation in instances in which it applies.
The above discussion leads this court to conclude that Pennsylvania's interest and policies will be furthered in holding that Rule 238 is applicable in the instant case. It is unnecessary to label the rule as "procedural" or "substantive." The analysis of the Restatement's approach in a situation such as the one presented here, indicates that the basic purpose of Rule 238 is furthered in applying the rule in an action tried in Pennsylvania.
The remaining issue is from what date the delay damages should be calculated. Again, this precise issue has not been determined by another court. This court is guided, however, by our Court of Appeals' decision in Barris, supra. There, it was held that delay damages should not be applied during an interim in which a prevailing defendant is waiting for the outcome of a plaintiff's appeal. In Barris, plaintiff was successful on appeal, the case remanded, and the plaintiff ultimately prevailed. Because a defendant would rightly refrain from initiating settlement when a plaintiff is perfecting an appeal, the operation of Rule 238 would no longer serve its purpose and thus should not be applied during the appeal interim. Id. at 57.
Rule 238 was designed to lessen docket congestion and encourage early settlement in Pennsylvania courts. Thus, the operation of the Rule would not serve its purpose if it were applied in this action before the action was transferred from the district court in Maryland to our district in Pennsylvania. While the action was pending in Maryland, defendant would not be confronted with the issue of delay damages. Moreover, the case was transferred here on plaintiff's motion.
In conclusion, delay damages will be applied in this action calculating from March 9, 1984 the date of transfer to October 31, 1984, the date of the plaintiff's judgment of $15,000.00
Counsel for the parties are ordered to meet and submit an Order to this court in conformity with this Memorandum.