This template is written notice of a party's intention to file a praecipe (request) to enter default judgment for failure to plead in a civil action in Pennsylvania. You send this notice 10 days in advance when you intend to take judgment by default upon an opposing party due to that party's failure to file an answer or preliminary objections to the complaint within the required time frame. The notice is commonly known as a "10-day notice." This template contains practical guidance, drafting notes, and an optional clause. This notice form complies with: • Pa. R. Civ. P. 1037(b), authorizing judgment by default • Pa. R. Civ. P. 237.1, governing the procedures for the required written notice • Pa. R. Civ. P. 237.5, governing the required form of this notice This notice is a mandatory prerequisite to obtaining a judgment by default and the requirement cannot be waived. Pa. R. Civ. P. 237.1(a)(4). However, you do not need send this notice when taking judgment under the following circumstances: • By an order of court or confirmation of a prior judgment (Pa. R. Civ. P. 237.1(b)(1)) o For example, if after a hearing on preliminary objections, the judge ordered the defendant to file an answer by June 1, and the defendant fails to file an answer by June 1, on June 2, plaintiff can move for default judgment and does not have to send defendant a 10-day notice. • Upon praecipe pursuant to an order of court (Pa. R. Civ. P. 237.1(b)(2)) • Pursuant to a rule to show cause, because that rule to show case is considered notice of action to be taken (Pa. R. Civ. P. 237.1(b)(3)) If, after 10 days following the service of this notice of intent, your opposing party has still not filed the appropriate responsive pleading, you can file for a default judgment by filing a praecipe for default judgment with the prothonotary. Pa. R. Civ. P. 1037(b). 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 a sample of this template, see Praecipe to Enter Judgment by Default (PA). For an additional related template, see Notice of Praecipe to Enter Judgment of Non Pros (Failure to File Complaint) (PA).