Rule 1042.7. Entry of Judgment of Non Pros for Failure to File Certification. 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 certificate of merit within the required time provided that
(1) there is no pending motion for determination that the filing of a certificate is not required or no pending timely filed motion seeking to extend the time to file the certificate,
(2) no certificate of merit has been filed,
(3) except as provided by Rule 1042.6(b), the defendant has attached to the praecipe a certificate of service of the notice of intention to enter the judgment of non pros, and
(4) except as provided by Rule 1042.6(b), the praecipe is filed no less than thirty days after the date of the filing of the notice of intention to enter the judgment of non pros.
Official Note
The prothonotary may not enter judgment if the certificate of merit 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 1042.7To the Prothonotary:
Enter judgment of non pros in the above-captioned matter against
Identify Partyas to(1) all claims against
.
Identify Party
OR
(2) only the following claims against
:
Identify Party
Identify Claims
.Date:
Attorney for
(Identify Party)
Official Note
Where applicable, a certificate of service of the notice of intention to enter judgment of non pros shall be attached to the praecipe.
Source The provisions of this Rule 1042.7 adopted January 27, 2003, effective immediately, 33 Pa.B. 748; amended June 16, 2008, effective immediately, 38 Pa.B. 3481. Immediately preceding text appears at serial pages (316386) to (316387).
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