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Rule 1042.7 – Entry of Judgment of Non Pros for Failure to File Certification. Form of Praecipe

May 14, 2021 | Civil Procedure, Pennsylvania

(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.
(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 1042.7

To the Prothonotary:

Enter judgment of non pros in the above-captioned matter against ______________________________________Identify Party

as to

(1) all claims against

____________

. Identify Party

OR

(2) only the following claims against

____________

:

Identify Party

______________________________________Identify Claims

______________________________________

_________________________

.

Date:

____________

______________________________________Attorney for

____________

(Identify Party)

231 Pa. Code ยง 1042.7