Current through Register Vol. 54, No. 38, September 21, 2024
(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. If a complaint is not filed within
twenty days after service of the rule, the prothonotary, upon praecipe of the
defendant, shall enter a judgment of non pros.
(b) The prothonotary, on praecipe of the
plaintiff, shall enter judgment against the defendant for failure to file
within the required time a pleading to a complaint which contains a notice to
defend or, except as provided by subdivision (d), for any relief admitted to be
due by the defendant's pleadings.
(1) The
prothonotary shall assess damages for the amount to which the plaintiff is
entitled if it is a sum certain or which can be made certain by computation,
but if it is not, the damages shall be assessed at a trial at which the issues
shall be limited to the amount of the damages.
(2) In all actions in which the only damages
to be assessed are the cost of repairs made to property
(i) The prothonotary on praecipe of the
plaintiff, waiving any other damages under the judgment, and the filing of the
affidavits provided by subparagraphs (ii) and (iii) shall assess damages for
the cost of the repairs;
(ii) The
praecipe shall be accompanied by an affidavit of the person making the repairs;
the affidavit 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) The plaintiff shall send a copy of the
affidavit and repair bill to the defendant by registered mail directed to the
defendant's last known address, together with a notice setting forth the date
of the intended assessment of damages, which shall not be less than ten 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 prothonotary a request for trial
on the issue of such damages; an affidavit of mailing of notice shall be
filed.
(c) In
all cases, the court, on motion of a party, may enter an appropriate judgment
against a party upon default or admission.
(d) In all cases in which equitable relief is
sought, the court shall enter an appropriate order upon the judgment of default
or admission and may take testimony to assist in its decision and in framing
the order.
