Praecipe to Enter Judgment by Default
(PA)

This template is a praecipe (request) to enter judgment by default pursuant to Pa. R. Civ. P. 1037(b) and Pa. R. Civ. P. 237.1. Use this template as the praecipe (request) that is filed with the civil clerk requesting the entry of judgment by default against a defendant for failure to file a response, such as an answer or preliminary objections, to the complaint. This template contains practical guidance and drafting notes, as well as optional and alternate clauses. Pa. R. Civ. P. 1037(b) allows the prothonotary, upon praecipe, to enter judgment against the defendant for failure to file a response to the complaint. This praecipe acts like a request and other documents are usually required to be filed along with this praecipe, such as: • Pa. R. Civ. P. 236 Notice form • Affidavit of non-military service • A copy of the notice of intention to take judgment sent to the opposing party and a certificate of service (and/or proof of service) of the notice of intention and the date upon which it was served • Envelope addressed to each opposing party – postage prepaid - for clerk to send filed judgment and judgment order to the defendant(s) o Note that you are not required to serve the opposing party with a copy of the default judgment praecipe packet. The civil clerk issues and sends the filed judgment and judgment order to the opposing party after everything is filed and docketed. • Return Envelope – self-addressed, postage prepaid for return of the filed copy of judgment • Filing Fee – most courts have a filing fee for default judgments (these fees are available on line or by calling the prothonotary for the county's court of common pleas directly) Also, consult local rules for the exact filing procedures to assure that you a have all the correct and necessary forms and attachments. If the filing packet is deficient, the clerk will reject it. Additionally, if a form is defective or any documents are missing, the resulting judgment may be the subject of a motion to strike or open by your adversary. 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 Notice of Praecipe to Enter Judgment by Default (PA), Notice of Praecipe to Enter Judgment of Non Pros (Failure to File Complaint) (PA), and Praecipe to Enter Judgment of Non Pros (PA).