Del. Cnty. Pa. 1037(b)(3)

As amended through July 15, 2018
Rule 1037(b)(3) - Assessment Of Damages For Cost Of Repairs To Property, Opening Judgment By Default
(b) In all actions in which the only damages to be assessed are the costs of repairs that have been made to property, damages may be assessed in accordance with the provisions of Pa.R.C.P. 1037(b) (2). The Praecipe, affidavit of repairman, and affidavit of notice shall be substantially the following form:
(i) Form of Praecipe

IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA

Plaintiff

No._____of 20_

v.

Defendant

Civil Action

PRAECIPE FOR ASSESSMENT OF DAMAGES UNDER PA.R.C.P. 1037(b) (2)

To the Office of Judicial Support:

Plaintiff(s) hereby waive(s) any other damages under the judgment entered except the cost of repairs made to his (her, their) property, and he (she, they) request that damages be assessed as follows:

Cost of repairs: ________________

Interest from__________________plus costs.

TOTAL

TO Office of Judicial Support

Court House Media, Pennsylvania

(ii) Assessment of Damages

And now, this___day of___A.D. 20__plaintiff(s) having waived any other damages under the judgment entered except the cost of repairs made to his (her, their') property, and having filed an affidavit of the repairman containing an itemized repair bill, and having filed an affidavit of mailing of notice of this assessment to the defendant(s), and the defendant(s) not having filed by written Praecipe a request for trial on the issue of such damages, plaintiffs damages are assessed as above in the sum of:

Office of Judicial Support

The Praecipe shall be accompanied by an affidavit of the repairman. The affidavit of the repairman shall contain an itemized repair bill setting forth the charges for labor and material used in the repair of the property. It shall also state the qualifications of the person who made or supervised the repairs, that the repairs were necessary, and that the prices for labor and material were fair and reasonable and those customarily charged.

(iii) Form of Affidavit of Repairman Commonwealth of Pennsylvania

County of Delaware

_____________________being duly sworn according to law deposes and says that he has been engaged in the business of motor vehicle repair work and/or the estimating of motor vehicle repair work for____years; that he

made and/or supervised the repairs set forth in the attached repair bill, the contents of which are incorporated by reference; that the said repairs were necessary and the prices for labor and material set forth were fair and reasonable and those customarily charged.

Sworn to and subscribed

before me this_______day

of A.D.20___

Notary Public

My Commission Expires:

The plaintiff shall send a copy of the affidavit and repair bill to the defendant by registered or certified mail directed to his last known address, together with a notice setting forth the date of the intended assessment of damages, which shall be not less than ten (10) days from the mailing of the notice and a statement that damages will be assessed in the amount of the repair bill unless prior to the date of assessment the defendant by written Praecipe files with the Office of Judicial Support a request for trial on the issue of such damages. An affidavit of mailing notice shall be filed.

(iv)Form of Affidavit of Mailing Notice Commonwealth of Pennsylvania

County of Delaware

_____________being duly sworn according to law, deposes and says that he is the attorney for the plaintiff(s);

that on (date) he sent by registered or certified mail to the defendant(s) at his (her, their) last known address(es) a copy of the affidavit of the repairman and a copy of the repair bill, together with a notice that damages would be assessed on or after (a date at least ten days after the date on which the notice was sent) in the amount of the rep air bill unless prior to (the last mentioned date) the defendant had filed a written Praecipe with the Office of Judicial Support requesting a trial on the issue of the damages.

(d)
(1) A petition for relief from judgment entered for want of an appropriate pleading shall be accompanied by the properly executed pleading in question.

Del. Cnty. Pa. 1037(b)(3)

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