Notice of Praecipe to Enter Judgment of Non Pros
(PA)

Summary

This form is a Notice of Praecipe to Enter Judgment of Non Pros pursuant to the Pennsylvania Rules of Civil Procedure. Familiarize yourself with the applicable state and local rules and practice regarding the Notice of Praecipe to Enter Judgment of Non Pros before approaching this task and editing this form. If you need to seek to enter a Judgment of Non Pros for failure to file a Complaint, you should use this particular notice form for that task. If you need to seek to enter a Judgment of Non Pros for failure to file a Certificate of Merit, you should not use this particular Notice form. Instead, you should use Notice of Intent to Enter Judgment of Non Pros (Failure to File Certificate of Merit) (PA). If an action is not commenced by a complaint, the prothonotary, upon praecipe of the defendant, must enter a rule 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 rule, the prothonotary, upon praecipe of the defendant, shall enter a judgment of non pros. Pa. R. Civ. P. 1037(a). The praecipe for judgment of non pros must contain a certification of written notice of intent to file the praecipe. Pa. R. Civ. P. 237.1(a)(3); Wells Fargo Bank, N.A. v. Vanmeter, 67 A.3d 14, 17‒18 (Pa. Super. Ct.), appeal denied, 76 A.3d 540 (Pa. 2013) (in mortgage foreclosure, trial court properly denied motion to strike or open default judgment where plaintiff complied with requirement to attach 10-day notice to praecipe and had properly served notice of intent to seek default judgment, and defendant's petition to open was not filed for 20 months after default judgment was taken, without reasonable excuse for delay). Written notice of intent must be served to the party's attorney of record or to the party if unrepresented. Pa. R. Civ. P. 237.1(a)(2). On motion of a party, the court may enter an appropriate judgment against a party upon default or admission. Pa. R. Civ. P. 1037(c). In all cases in which equitable relief is sought, the court must enter an appropriate order upon the judgment of default or admission and may take testimony to assist in its decision and in framing the order. Pa. R. Civ. P. 1037(d). No judgment of non pros for failure to file a complaint may be entered by the prothonotary unless the praecipe for entry includes a certification that a written notice of intention to file the praecipe was mailed or delivered: "In the case of a judgment of non pros, after the failure to file a complaint and at least 10 days prior to the date of the filing of the praecipe to the party's attorney of record or to the party if unrepresented." Pa. R. Civ. P. 237.1(a)(2). The 10-day notice period is calculated forward from the date of the mailing or delivery. Pa. R. Civ. P. 237.1(a)(2); Pa. R.J.A. 107. A copy of the notice must be attached to the praecipe. Pa. R. Civ. P. 237.1(a)(3). The notice of praecipe and certification may not be waived. Pa. R. Civ. P. 237.1(a)(4). This rule does not apply to a judgment entered: • By an order of court • Upon praecipe pursuant to an order of court –or– • Pursuant to a rule to show cause Pa. R. Civ. P. 237.1(b). After the notice of intention to enter judgment has been given, the parties may agree in writing to extend the time within which to file a complaint, an answer or preliminary objections. Pa. R. Civ. P. 237.2. The agreement must be in the prescribed form, and must be signed on behalf of both parties. Pa. R. Civ. P. 237.2, 237.6. If the complaint is not filed within the time specified in the agreement, judgment of non pros may be entered by the prothonotary without further notice. Pa. R. Civ. P. 237.2. See Agreement to Extend Time to Plead (PA). A plaintiff may file a petition for relief from a judgment of non pros. Pa. R. Civ. P. 237.3, 3051; Kruis v. McKenna, 790 A.2d 322, 326–27 (Pa. Super. Ct. 2001) (trial court properly denied plaintiffs' petition to vacate non pros pursuant to Pa. R. Civ. P. 3051 because plaintiffs demonstrated no reasonable explanation for failure to appear at pre-trial conference and rule returnable hearing); Cohen v. Mirin, 729 A.2d 1236, 1237 (Pa. Super. Ct. 1999) (trial court erred by denying plaintiff's petition to open judgment of non pros with insistence that plaintiff express reasonable explanation, where petition to open was filed within 10 days after entry of judgment of non pros and was presumptively with reasonable explanation for delayed filing of complaint). This filing can be an important step in the litigation process. For additional information about the Notice of Praecipe to Enter Judgment of Non Pros, see Counterclaims and Crossclaims: Asserting and Responding to Counterclaims and Crossclaims (PA). This template includes practical guidance and drafting notes.