E-mail raises questions about Rotwitt's role in court project

Lawyer Jeffrey B. Rotwitt insists there was no problem with his two roles on the planned $200 million Family Court building. He says he finished searching for a site on behalf of the courts at the end of 2007, just before he started talking about a partnership with the project's developer, Donald Pulver.

Now, an e-mail sent by Pulver's office manager and obtained by The Inquirer raises questions about Rotwitt's account. It shows that Rotwitt and Pulver were working to arrange their 50-50 development deal as early as July 2007, while he was still working with the courts to select a site.

Rotwitt spokesman Kevin Feeley said there was no contradiction between the e-mail records and Rotwitt's previous statements about the his dealing with Pulver. He stressed that "everyone knew" about Rotwitt's partnership with Pulver.

Feeley's assertion is disputed by Chief Justice Ronald D. Castille of the Pennsylvania Supreme Court, who is overseeing the project, and Rotwitt's former law partners at Obermayer, Rebmann, Maxwell & Hippel.

The timing of the 50-50 agreement is key. In working for the court system, Rotwitt was supposed to be doing what was best for taxpayers in finding the appropriate site and determining how much Pulver should be paid.

Castille said that because of Rotwitt's dual roles it was unclear whether taxpayers got their money's worth for about $12 million spent on the project thus far.

In the July 5, 2007, e-mail obtained by The Inquirer, Pulver's office manager sent Rotwitt a document entitled "Financial Projections Family Courts 15th & Arch Streets."

The document, first reported on Thursday by the Legal Intelligencer, details fees that could go to Rotwitt as codeveloper - in addition to the nearly $4 million he was to get as the court's representative.

Next to an anticipated $2 million expense for developer fees, it lists a "50/50 Jeff/Don" split.

There is another proposed 50-50 split for the proposed general and administrative fees. And there would be a "Jeff/Don" split in part of an $8 million contingency fee, according to the document.

Rotwitt's attorney, Catherine M. Recker, said she had not seen the Financial Projections report.

"I'm not in the position to discuss documents I have not seen," Recker said.

Rotwitt's spokesman, Feeley, said the financial report "is literally a discussion document."

"Pulver is talking to Jeff about what a codeveloper agreement might look like," Feeley said. "A deal does not occur in July 2007."

Castille himself - not Rotwitt - found the 15th and Arch site in early 2007. He was approached by the Philadelphia Parking Authority, the owner of the property, which had granted Pulver development rights. In an interview last month, Rotwitt said he continued looking at backup sites until after Thanksgiving 2007.

Shortly after that Thanksgiving, he said, the state legislature authorized the $200 million for the Family Court building but required that it be constructed at 15th and Arch.

"A broker's job, at that point, is until he finds a site. And then you're done," he said.

It was only after the site was determined, Rotwitt said, that "Pulver and I chatted. He said, 'Look. We make a good team. Why don't we do it together?' "

"We couldn't have a conversation about that fact until the wheels stopped spinning about what site we were going to be," Rotwitt said.

Citing the FBI's investigation, Pulver spokesman Mark Nevins said the developer would not discuss the deal.

"Due to the ongoing federal investigation, we have no comment at this time."

In an earlier statement, Nevins said Pulver arranged the 50-50 deal because Rotwitt previously had helped with Pulver's successful West Conshohocken riverfront development. Nevins said he did not know the date of Rotwitt's work there.

Pulver and the Parking Authority are now embroiled in a lawsuit over continued control of the development rights to the site. In addition, Pulver last week filed for bankruptcy protection for Northwest 15th Street Associates - a company he created to develop the site - in a move to preserve his interest.

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