2012 PROFESSIONAL LIABILITY UPDATE - Eckert Seamans

necessary, a plaintiff must file a certificate of merit within twenty days of the entry of the orderor the original time period, whichever is longer. Rule 1042.6 also provides that a plaintiff cannotraise the issue whether a certificate of merit was necessary after the entry of a judgment of nonpros.Specifically, Rule 1042.6 provides, in pertinent part,(a) Except as provided by subdivision (b), a defendant seeking to enter ajudgment of non pros under Rule 1042.7(a) shall file a written notice ofintention to file the praecipe and serve it on the party’s attorney of recordor on the party if unrepresented, no sooner than the thirty-first day afterthe filing of the complaint.(b) A judgment of non pros may be entered as provided by Rule 1042.7(a)without notice if(1) the court has granted a motion to extend the time to file thecertificate and the plaintiff has failed to file it within the extended time, or(2) the court has denied the motion to extend the time.(c) Upon the filing of a notice under subdivision (a) of this rule, a plaintiffmay file a motion seeking a determination by the court as to the necessityof filing a certificate of merit. The filing of the motion tolls the timeperiod within which a certificate of merit must be filed until the court rulesupon the motion. If it is determined that a certificate of merit is required,the plaintiff must file the certificate within twenty days of entry of thecourt order on the docket or the original time period, whichever is later.Pa.R.C.P. 1042.6 (Official notes omitted). Rule 1042.6 provides a sample form for the Rule1042.6 notice.The renumbered rule 1042.7 (formerly 1042.6) was changed to reflect the newrequirements for the form of the praecipe to enter judgment of non pros, which takes intoaccount the new rule changes. Importantly, the praecipe for entry of judgment of non proscannot be filed until thirty days after the filing of a notice of intention to enter judgment of nonpros. Rule 1042.7 also requires the moving party to attach the certificate of service of the noticeof intention to enter judgment of non pros. Rule 1042.7 additionally provides a new form for thepraecipe for entry of judgment of non pros.The new rules provide a mechanism to deal with the situation where a plaintiff believes acertificate of merit is not necessary and where no notice has been given before the entry of ajudgment of non pros. The new rules retain the sixty day period for filing a certificate of merit,but now require the defendant to give a thirty day notice of the intention to seek a judgment ofnon pros. The amendments apply to all pending actions in which non pros has not yet beenentered.111