Notice of Praecipe to Enter Judgment of Non Pros
(Failure to File Complaint) (PA)

Summary

This template is a written notice of a party's intention to file a praecipe (request) to enter judgment of non pros for failure to file a complaint. If an action is not commenced by a complaint, the prothonotary, upon praecipe of the defendant, must enter a notice upon the plaintiff to file a complaint. Pa. R. Civ. P. 1037(a). If a complaint is not filed within 20 days after service of the notice, the prothonotary, upon praecipe, must enter a judgment of non pros. Pa. R. Civ. P. 1037(a). This template, commonly known as a "10-day notice," contains practical guidance, drafting notes, and an alternate clause. This template complies with the format and content form requirements set forth in Pa. R. Civ. P. 237.4. The language and structure should not be substantially altered. For a full listing of key content covering fundamental civil litigation tasks throughout a Pennsylvania state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (PA). For related templates, see Praecipe to Enter Judgment by Default (PA) and Notice of Praecipe to Enter Judgment by Default (PA).