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Pennsylvania Praecipe to Assess Damages

Category:
Local County - Montgomery - Prothonotary
State:
Pennsylvania
Control #:
PA-SKU-2332
Format:
PDF
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Description

Praecipe to Assess Damages
A Pennsylvania Precise to Assess Damages is a legal form used in tort cases in the state of Pennsylvania to seek damages from another party. It is a document filed with the court by a plaintiff, or the person bringing the suit, to initiate the process of assessing damages. There are two kinds of Pennsylvania Precise to Assess Damages. The first type is a Precise to Assessment of Damages, which is used when the plaintiff seeks an assessment of damages from the defendant and the defendant has been served with a summons and complaint. The Precise to Assessment of Damages states the amount of damages the plaintiff is seeking, as well as any other facts the plaintiff wishes to present to the court. The second type is a Precise to Assess Special Damages, which is used when the plaintiff seeks an assessment of special damages from the defendant. Special damages can include such things as medical costs, lost wages, and other expenses incurred as a result of the defendant’s actions. ThiPrecisepe states the amount of special damages the plaintiff is seeking, as well as any other facts the plaintiff wishes to present to the court. In both Recipes, the plaintiff must provide the court with evidence and testimony to support their claim for damages. Once the Precise is filed, the court will assess the damages and issue a judgment in favor of the plaintiff.

A Pennsylvania Precise to Assess Damages is a legal form used in tort cases in the state of Pennsylvania to seek damages from another party. It is a document filed with the court by a plaintiff, or the person bringing the suit, to initiate the process of assessing damages. There are two kinds of Pennsylvania Precise to Assess Damages. The first type is a Precise to Assessment of Damages, which is used when the plaintiff seeks an assessment of damages from the defendant and the defendant has been served with a summons and complaint. The Precise to Assessment of Damages states the amount of damages the plaintiff is seeking, as well as any other facts the plaintiff wishes to present to the court. The second type is a Precise to Assess Special Damages, which is used when the plaintiff seeks an assessment of special damages from the defendant. Special damages can include such things as medical costs, lost wages, and other expenses incurred as a result of the defendant’s actions. ThiPrecisepe states the amount of special damages the plaintiff is seeking, as well as any other facts the plaintiff wishes to present to the court. In both Recipes, the plaintiff must provide the court with evidence and testimony to support their claim for damages. Once the Precise is filed, the court will assess the damages and issue a judgment in favor of the plaintiff.

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FAQ

A document that a plaintiff files with the prothonotary to commence a civil action in a Pennsylvania court of common pleas before filing a complaint (Pa. R. Civ.

A sample praecipe (request) for entry of appearance that an attorney may use to enter an appearance on behalf of a client in a civil action in a Pennsylvania court of common pleas. This Standard Document contains integrated notes with important explanations and drafting tips.

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.

Rule 1037. Judgment Upon Default or Admission. Assessment of Damages. (a) If an action is not commenced by a complaint, the prothonotary, upon praecipe praecipe of the defendant, shall enter a rule upon the plaintiff to file a complaint.

If a claimant has filed a claim and does not file a complaint, the prothonotary, upon praecipe of an owner, shall enter a rule as of course upon the claimant to file a complaint within twenty days after service of the rule, or be forever barred from so doing.

Commanding a defendant to perform an act or to demonstrate why he or she should not perform that act. Requesting that the court perform some action, such as entering a judgment or setting the date for a trial, and that the clerk of the court issue a writ therefor.

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.

The praecipe simply asks the prothonotary to issue a writ of summons against the defendant. Plaintiffs typically file a praecipe for writ of summons: To commence a lawsuit quickly when the statute of limitations is about to expire on the plaintiff's claims.

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