231 Pa. Code r. 2252 - Right to Join Additional Defendants

(a) Except as provided by Rule 1706.1, any party may join as an additional defendant any person not a party to the action who may be

(1) solely liable on the underlying cause of action against the joining party, or

(2) liable to or with the joining party on any cause of action arising out of the transaction or occurrence or series of transactions or occurrences upon which the underlying cause of action against the joining party is based.

(b) The joining party may file as of course a praecipe for a writ or a complaint.

(1) If the joinder is by writ, the joining party shall file a complaint within twenty days from the filing of the praecipe for the writ. If the joining party fails to file the complaint within the required time, any other party may seek a rule to file the complaint and an eventual judgment of non pros in the manner provided by Rule 1037(a) for failure to file a complaint.

(2) The complaint, in the manner and form required of the initial pleading of the plaintiff in the action, shall set forth the facts relied upon to establish the liability of the joined party and the relief demanded.

(c) The writ to join an additional defendant shall be directed to the additional defendant and shall be substantially in the following form:

Commonwealth of Pennsylvania

County of _____________

(Caption)

To________ : (Name of Additional Defendant)

You are notified that________________

(Name(s) of Defendant(s))

has (have) joined you as an additional defendant in this action, which you are required to defend.

Date______

Seal of Court

________________________

(Name of Prothonotary (Clerk))

By_____________________

(Deputy)

Notes

231 Pa. Code r. 2252

The provisions of this Rule 2252 amended through June 20, 1985, effective 1/1/1986, 15 Pa.B. 2452; amended April 4, 1990, effective 7/1/1990, 20 Pa.B. 2282; amended April 12, 1999, effective 7/1/1999, 29 Pa.B. 2274; amended March 23, 2007, effective 6/1/2007, 37 Pa.B. 1480; amended January 24, 2019, effective 4/1/2019, 49 Pa.B. 608.