1365 Amendment of Rule 237.1 governing notice of praecipe for entry of judgment of non pros for failure to file complaint or by default for failure to plead; no. 369 civil procedural rules; doc. no. 5

Title 231--RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CH. 200]

Amendment of Rule 237.1 Governing Notice of Praecipe for Entry of Judgment of Non Pros for Failure to File Complaint or by Default for Failure to Plead; No. 369 Civil Procedural Rules; Doc. No. 5

[32 Pa.B. 3884]

Order

Per Curiam:

   And Now, this 23rd day of July, 2002, Pennsylvania Rule of Civil Procedure 237.1 is amended as follows.

   Whereas prior distribution and publication of the amendment would otherwise be required, it has been determined that immediate promulgation of the amendment is required in the interest of justice and efficient administration.

   This order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective immediately.

Annex A

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.

   (a)(1)  * * *

   (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

*      *      *      *      *

   The ten-day notice period in subdivision (a)(2)(i) and (ii) shall be calculated forward from the date of the mailing or delivery, in accordance with Rule 106.

   Official Note:  The final sentence of Rule 237.1(a)(2) alters the practice described in the decision of Williams v. Wade, 704 A.2d 132 (Pa. Super. 1997).

   (3)  A copy of the notice shall be attached to the praecipe.

*      *      *      *      *

[Pa.B. Doc. No. 02-1365. Filed for public inspection August 9, 2002, 9:00 a.m.]