The Pennsylvania Default Judgment Packet — Assessment of Damages is a legal document that is used to outline the amount of damages that must be paid by the defendant to the plaintiff in a civil case. It is typically used in cases where the defendant has failed to appear in court or respond to the lawsuit, resulting in a default judgment. The packet includes forms that must be completed by the plaintiff, such as a Plaintiff's Request for Judgment and a Declaration of Damages. It also includes instructions for the court and a sample form that can be used to assess the damages. There are two types of Pennsylvania Default Judgment Packet — Assessment of Damages: a regular assessment of damages and an increased assessment of damages. The regular assessment of damages is used to determine the amount of damages owed to the plaintiff, while the increased assessment of damages is used to increase the amount of damages awarded to the plaintiff due to the defendant's willful or malicious behavior.
Pennsylvania Default Judgment Packet - Assessment of Damages
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Relief from Judgment of Non Pros or by Default. shall be raised in a single petition. (b)(1) If the petition is filed within ten days after the entry of a judgment of non pros on the docket, the court shall open the judgment if the proposed complaint states a meritorious cause of action.
Code § 1021.76a - Entry of default judgment. (a) The Board, on motion of the plaintiff, may enter default judgment against the defendant for failure to file within the required time an answer to a complaint that contains a notice to defend.
Case law has imposed three requirements for opening a judgment by default: a petition timely filed, a reasonable explanation or legitimate excuse for the inactivity or delay and a showing of a meritorious defense.
Code § 237.5 - Form of Notice of Praecipe to Enter Judgment by Default. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
Code § 1021.76a - Entry of default judgment. (a) The Board, on motion of the plaintiff, may enter default judgment against the defendant for failure to file within the required time an answer to a complaint that contains a notice to defend.
Code § 1037 - Judgment Upon Default or Admission. Assessment of Damages. (a) If an action is not commenced by a complaint, the prothonotary, upon praecipe of the defendant, shall enter a rule upon the plaintiff to file a complaint.
You send this notice 10 days in advance when you intend to take judgment by default upon an opposing party due to that party's failure to file an answer or preliminary objections to the complaint within the required time frame.
Rule 237 provides that the prothonotary shall not accept any praecipe of judgment on a verdict or for judgment on a decision in a trial without a jury ''unless it includes a certificate that a copy of the praecipe has been mailed to each other party who has appeared in the action or to the attorney of record for each