§ Rule 2252 Right to Join Additional Defendants

Rule 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

    Note: The term “underlying cause of action” refers to the cause of action set forth in the plaintiff's complaint or the defendant's counterclaim.

        (2) Rescinded.

        (3) Rescinded.

        (4) 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.

    Note: Paragraph (4) permits a joining party to join an additional defendant who may be liable over on the underlying cause of action against the joining party or jointly and severally liable with the joining party.

    The joinder of an additional defendant in a class action is limited by Rule 1706.1 to the grounds set forth in that rule.

    (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.

    Note: For the form of notice to defend in a complaint to join an additional defendant, see Rule 1018.1.

    (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)

    (d) Rescinded.

    Note: See Rule 1031.1 governing cross-claims for the procedure to assert a claim against a person already a party to an action.