Phil. Cnty. Pa. *1037.2

As amended through December 18, 2021
Rule *1037.2 - Judgments by Default-Assessment of Damages
(A) In order for the Office of Judicial Records to assess damages pursuant to Pa.R.C.P. 1037(b)(1) upon default for failure to answer, a complaint in an action must pray for specific items and amounts. Interest must be expressed by rate or per diem and the time period to which interest rate(s) apply must be stated (e.g., to the date of judgment or the date of sheriff sale), late charges, escrow (taxes and insurance only) and mortgage insurance premium(s) must be expressed as a monthly rate. Actual and anticipated attorney fees, Court costs and any other permissible costs must be prayed for and a dollar amount expressed. All of the above items will be docketed as they apply in the case.
(B) In summary, the complaint and praecipe for assessment of damages must conform to the following format if assessment upon praecipe is sought:
(1) Principal amount due;
(2) Interest (rate or per diem) and time period;
(3) Escrow taxes and insurance only (monthly rate);
(4) Mortgage insurance premium (monthly rate);
(5) Fees (anticipated and actual);
(6) Late charges (monthly rate) and time period;
(7) Court costs (anticipated and actual); and
(8) Other permissible costs.
(C) In the event a complaint and praecipe to assess damages as drafted does not permit a comparison utilizing the computerized docket, Office of Judicial Records shall make the comparison. In the event the plaintiff does not agree with the Office of Judicial Records determination, the plaintiff must proceed to Motion Court for a ruling on whether the assessment may be entered by praecipe.

Phil. Cnty. Pa. *1037.2

Adopted by The Board of Judges, originally General Court Regulation 86-7.