Rule 1042.12. Entry of Judgment of Non Pros for Failure to File a Written Statement from an Appropriate Licensed Professional. Form of Praecipe.
(a) The prothonotary, on praecipe of the defendant, shall enter a judgment of non pros against the plaintiff for failure to file a written statement under Rule 1042.3(e) provided that
(1) no written statement has been filed,
(2) the defendant has attached to the praecipe a certificate of service of the notice of intention to enter the judgment of non pros, and
(3) the praecipe is filed no less than thirty days after the date of the filing of the notice of intention to enter judgment of non pros.
Official Note
The prothonotary may not enter judgment if the written statement has been filed prior to the filing of the praecipe.
Rule 237.1 does not apply to a judgment of non pros entered under this rule.
See Rule 208.2(a)(4) for the content of the certificate of service.
(b) The praecipe for the entry of a judgment of non pros shall be substantially in the following form:
(Caption)
Praecipe for Entry of Judgment of Non Pros Pursuant to Rule 1042.12 To the Prothonotary:
Enter judgment of non pros in the above-captioned matter against
as to (Identify Party)(1) all claims against
.
(Identify Party)OR
(2) only the following claims against
:
(Identify Party)
Identify Claims Date:
…
…Attorney for
(Identify Party)
Source The provisions of this Rule 1042.12 adopted March 20, 2013, effective May 1, 2013, 43 Pa.B. 1835.
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