Current through Register Vol. 54, No. 44, November 2, 2024
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.(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)
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.