Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 200 - BUSINESS OF COURTS
Rule 237.1 - Notice of Praecipe for Entry of Judgment of Non Pros for Failure to File Complaint or by Default for Failure to Plead
Universal Citation: 231 PA Code ยง 237.1
Current through Register Vol. 54, No. 38, September 21, 2024
(a)
(1) As used in this rule,
"judgment of non pros" means a judgment entered by praecipe pursuant to Rules 1037(a) and 1659;
"judgment by default" means a judgment entered by praecipe pursuant to Rules 1037(b), 1511(a), 3031(a) and 3146(a).
(2) No judgment of non pros for failure to
file a complaint or by default for failure to plead shall 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:
(i) in the case of a
judgment of non pros, after the failure to file a complaint and at least ten
days prior to the date of the filing of the praecipe to the party's attorney of
record or to the party if unrepresented, or
(ii) in the case of a judgment by default,
after the failure to plead to a complaint and at least ten days prior to the
date of the filing of the praecipe to the party against whom judgment is to be
entered and to the party's attorney of record, if any.
The ten-day notice period in subdivision (a)(2)(i) and (a)(2)(ii) shall be calculated forward from the date of the mailing or delivery, in accordance with Pa.R.J.A. 107.
(3) A copy of the notice shall be attached to
the praecipe.
(4) The notice and
certification required by this rule may not be waived.
(b) This rule does not apply to a judgment entered
(1) by an order of court,
(2) upon praecipe pursuant to an order of
court, or
(3) pursuant to a rule to
show cause.
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