Pennsylvania Complaint to Join Additional Defendant (Impleader Equivalent)

IN THE COURT OF COMMON PLEAS OF [____________] COUNTY, PENNSYLVANIA

[CIVIL DIVISION]

No. [____________]

Term, 20[____]

DEFENDANT'S COMPLAINT TO JOIN ADDITIONAL DEFENDANT

(Joinder of Additional Defendant — Pa.R.C.P. 2252)

NOTICE TO DEFEND

NOTICE — You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. [INSERT FULL Pa.R.C.P. 1018.1 NOTICE TEXT AND LEGAL-AID / LAWYER-REFERRAL BLOCK PER LOCAL RULE.]

Defendant [DEFENDANT / JOINING PARTY NAME] ("Defendant" or "Joining Party"), by and through undersigned counsel, pursuant to Pa.R.C.P. 2252 et seq., joins [ADDITIONAL DEFENDANT NAME] ("Additional Defendant"), a person not a party to this action, as an Additional Defendant, and in support of this Complaint avers as follows:

I. NATURE OF THE JOINDER AND COMPLIANCE WITH Pa.R.C.P. 2252 AND 2253

1. Under Pa.R.C.P. 2252(a), 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.

2. The joining party may commence the joinder as of course by filing a praecipe for a writ or a complaint. Pa.R.C.P. 2252(b). This Complaint is filed as the joining pleading. (If joinder was commenced by praecipe for a writ, the joining party must file the complaint within twenty (20) days after the praecipe for the writ is filed. Pa.R.C.P. 2252(b)(1).)

3. Timing — Pa.R.C.P. 2253. Except as provided by Pa.R.C.P. 1041.1(e) (asbestos litigation), neither a praecipe for a writ nor a joinder complaint may be filed later than sixty (60) days after service upon the original defendant of the initial pleading of the plaintiff (or any amendment thereof), or the time for filing the joining party's answer under Pa.R.C.P. 1026, 1028, or court order, whichever is later, unless filing is allowed by order of court or by the written consent of all parties approved by and filed with the court. Pa.R.C.P. 2253(a).

4. This Complaint to Join Additional Defendant is filed (select one):
   - ☐ as of course, within the period prescribed by Pa.R.C.P. 2253(a); or
   - ☐ after the period prescribed by Pa.R.C.P. 2253(a), by order of court entered [__/__/____], or by the written consent of all parties approved by and filed with the court, and within twenty (20) days after notice of that order or approval.

5. The liability asserted herein arises out of the transaction or occurrence upon which the Plaintiff's underlying cause of action against the Joining Party is based. The Additional Defendant is or may be solely liable to Plaintiff, and/or liable over to or jointly and severally with the Joining Party, for all or part of any judgment that Plaintiff may recover against the Joining Party.

II. PARTIES

6. Plaintiff [PLAINTIFF NAME] is the party who commenced this action and is [an individual residing at / a corporation with a principal place of business at] [____________].

7. Defendant / Joining Party [DEFENDANT / JOINING PARTY NAME] is the original defendant in this action and is, and at all material times was, [an individual residing at / a corporation organized under the laws of [STATE] with a principal place of business at] [____________].

8. Additional Defendant [ADDITIONAL DEFENDANT NAME] is not a party to the original action and is, and at all material times was, [an individual residing at / a corporation organized under the laws of [STATE] with a principal place of business at] [____________].

III. JURISDICTION AND VENUE

9. This Court has subject-matter jurisdiction over this Complaint to Join Additional Defendant, which is part of and ancillary to the pending action.

10. This Court has personal jurisdiction over the Additional Defendant, who [resides in / is organized under the laws of / regularly conducts business in / committed acts giving rise to liability in] the Commonwealth of Pennsylvania, and is subject to service of original process under Pa.R.C.P. 425 and 400 et seq.

11. Venue is proper in this County because the underlying action is pending here and venue is appropriate under Pa.R.C.P. 1006 and 2179.

IV. SUMMARY OF THE UNDERLYING ACTION

12. On or about [__/__/____], Plaintiff commenced this action against the Joining Party by filing a Complaint (the "Plaintiff's Complaint") asserting claims for [describe Plaintiff's claims — e.g., breach of contract, negligence, personal injury, property damage]. [____________]

13. In the Plaintiff's Complaint, Plaintiff avers that [summarize Plaintiff's material allegations against the Joining Party]. [____________]

14. Plaintiff seeks damages against the Joining Party in an amount [in excess of the arbitration limits / of $[____________]], together with interest, costs, and other relief.

15. The Joining Party denies liability to Plaintiff and has asserted, or will assert, defenses to Plaintiff's claims. The Joining Party files this Complaint without waiving, and expressly reserving, all such defenses. To the extent the Joining Party is found liable to Plaintiff — which liability is expressly denied — such liability is attributable, in whole or in part, to the Additional Defendant.

V. FACTUAL AVERMENTS

16. [State the factual background establishing the liability of the Additional Defendant.] [____________]

17. On or about [__/__/____], [____________].

18. [____________].

19. The injuries, losses, or damages for which Plaintiff seeks recovery from the Joining Party were caused, in whole or in part, by the acts, omissions, breach, or default of the Additional Defendant. [____________]

VI. COUNTS AGAINST THE ADDITIONAL DEFENDANT

The Joining Party asserts the following claim(s) against the Additional Defendant:

☐ Count I — Sole Liability to Plaintiff (Pa.R.C.P. 2252(a)(1))
☐ Count II — Contractual Indemnity
☐ Count III — Common-Law / Implied Indemnity
☐ Count IV — Contribution (42 Pa.C.S. § 8324)
☐ Count V — Subrogation
☐ Count VI — Breach of Warranty

Count I — Sole Liability of Additional Defendant to Plaintiff (Pa.R.C.P. 2252(a)(1))

20. The Joining Party incorporates the foregoing paragraphs by reference as though fully set forth herein.

21. If Plaintiff sustained the injuries, losses, or damages alleged in the Plaintiff's Complaint — which is denied as to the Joining Party — such injuries, losses, or damages were caused solely by the acts, omissions, or fault of the Additional Defendant, and not by any act or omission of the Joining Party. [____________]

22. The Additional Defendant is therefore solely liable to Plaintiff on the underlying cause of action, and any judgment should be entered against the Additional Defendant and in favor of the Joining Party.

Count II — Contractual Indemnity

23. The Joining Party incorporates the foregoing paragraphs by reference as though fully set forth herein.

24. On or about [__/__/____], the Joining Party and the Additional Defendant entered into a [written / oral] agreement (the "Agreement") under which the Additional Defendant agreed to indemnify, defend, and hold the Joining Party harmless from and against [describe scope of the indemnity obligation]. [____________]

25. The claims asserted by Plaintiff fall within the scope of the Additional Defendant's indemnity obligation, and the Additional Defendant is obligated to indemnify the Joining Party for all or part of any judgment, loss, expense, and — where provided by the Agreement or statute — reasonable counsel fees.

Count III — Common-Law / Implied Indemnity

26. The Joining Party incorporates the foregoing paragraphs by reference as though fully set forth herein.

27. Any liability of the Joining Party to Plaintiff arises, if at all, not from the Joining Party's own active fault, but secondarily or by operation of law, while the Additional Defendant is the party primarily and actively responsible for Plaintiff's alleged injuries or losses. [____________]

28. Under Pennsylvania law, a party held only secondarily or vicariously liable is entitled to common-law indemnity from the party primarily responsible. The Additional Defendant is therefore obligated to indemnify the Joining Party for all or part of any judgment entered in favor of Plaintiff.

Count IV — Contribution (42 Pa.C.S. § 8324)

29. The Joining Party incorporates the foregoing paragraphs by reference as though fully set forth herein.

30. To the extent the Joining Party and the Additional Defendant are determined to be joint tort-feasors as to Plaintiff for the same injury, the Joining Party is entitled to contribution from the Additional Defendant. The right of contribution exists among joint tort-feasors under 42 Pa.C.S. § 8324(a). A joint tort-feasor is not entitled to a money judgment for contribution until it has, by payment, discharged the common liability or has paid more than its pro rata share thereof. 42 Pa.C.S. § 8324(b).

Count V — Subrogation

31. The Joining Party incorporates the foregoing paragraphs by reference as though fully set forth herein.

32. To the extent the Joining Party is compelled to pay any sum to Plaintiff for which the Additional Defendant is primarily liable, the Joining Party is or will be subrogated to the rights of Plaintiff against the Additional Defendant and is entitled to recover such sums. [____________]

Count VI — Breach of Warranty

33. The Joining Party incorporates the foregoing paragraphs by reference as though fully set forth herein.

34. The Additional Defendant [sold / supplied / manufactured / furnished] to the Joining Party the [goods / products / materials / services] that are the subject of Plaintiff's claims, and in connection therewith made [express warranties / implied warranties of merchantability and/or fitness for a particular purpose]. [____________]

35. To the extent Plaintiff's injuries or losses were caused by a breach of those warranties, the Additional Defendant is liable to the Joining Party for all or part of any judgment recovered by Plaintiff, together with incidental and consequential damages, interest, and costs.

VII. PRAYER FOR RELIEF

WHEREFORE, Defendant / Joining Party [DEFENDANT / JOINING PARTY NAME] respectfully demands judgment against the Additional Defendant [ADDITIONAL DEFENDANT NAME] as follows:

A. That the Additional Defendant be adjudged solely liable to Plaintiff on the underlying cause of action; or in the alternative,

B. That the Additional Defendant be adjudged liable over to the Joining Party, jointly and severally, and/or obligated to indemnify and/or contribute to the Joining Party for all or part of any judgment entered in favor of Plaintiff against the Joining Party;

C. For the Joining Party's costs and, where permitted by contract or statute, reasonable counsel fees incurred in defending Plaintiff's claims and prosecuting this Complaint;

D. For pre-judgment and post-judgment interest as allowed by law; and

E. For such other and further relief as this Court deems just and proper.

VIII. JURY TRIAL DEMAND

The Joining Party demands a trial by jury on all issues so triable:

☐ Yes ☐ No

IX. SIGNATURE

Respectfully submitted,

[________________________________]

[ATTORNEY NAME], Esquire

Pa. Attorney I.D. No. [____________]

[LAW FIRM NAME]

[STREET ADDRESS]

[CITY, PA ZIP]

Telephone: [____________]

Email: [____________]

Attorney for Defendant / Joining Party [DEFENDANT NAME]

X. VERIFICATION

VERIFICATION

I, [NAME], verify that I am [the Defendant / an officer or authorized representative of the Defendant] in this action; that I am authorized to make this Verification on its behalf; that the facts set forth in the foregoing Complaint to Join Additional Defendant are true and correct to the best of my knowledge, information, and belief; and that this Verification is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date: [__/__/____]

[________________________________]

[NAME / TITLE]

XI. CERTIFICATE OF MERIT (PROFESSIONAL LIABILITY CLAIMS ONLY)

☐ A Certificate of Merit under Pa.R.C.P. 1042.3 is required and ☐ is filed herewith / ☐ will be filed within sixty (60) days.

XII. NOTE ON ISSUANCE AND SERVICE OF ORIGINAL PROCESS ON THE ADDITIONAL DEFENDANT

The Additional Defendant is a new party who must be served with original process (the writ or this Complaint with the Notice to Defend) in the same manner as the plaintiff's original process, in accordance with Pa.R.C.P. 425 and Pa.R.C.P. 400 et seq. (sheriff service, competent-adult service where authorized, service on out-of-state parties, and service on corporations, as applicable). Copies of this Complaint shall also be served on all existing parties or their attorneys under Pa.R.C.P. 440. The procedure, including pleadings, between the Joining Party and the Additional Defendant is the same as though the Joining Party were a plaintiff and the Additional Defendant a defendant. Pa.R.C.P. 2255(a).

XIII. CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [_______________], 20[____], a true and correct copy of the foregoing COMPLAINT TO JOIN ADDITIONAL DEFENDANT was served upon all parties of record, in accordance with Pa.R.C.P. 440 (and the court's electronic-filing system where applicable), by the method indicated below:

• [NAME], Attorney for Plaintiff — ☐ First-Class U.S. Mail ☐ Hand Delivery ☐ Electronic Service via the court's e-filing system ☐ Email (where authorized)
• [NAME], Attorney for [Co-Defendant / other party] — ☐ First-Class U.S. Mail ☐ Hand Delivery ☐ Electronic Service ☐ Email

[________________________________]

[ATTORNEY NAME], Esquire

Pa. Attorney I.D. No. [____________]

Attorney for Defendant / Joining Party [DEFENDANT NAME]

PENNSYLVANIA-SPECIFIC PROCEDURAL NOTES

No "Third-Party Complaint" — Joinder of Additional Defendants

• Pennsylvania does not use a "third-party complaint." The functional equivalent of federal impleader (Fed. R. Civ. P. 14) is the joinder of additional defendants under Pa.R.C.P. 2252–2257. The original defendant becomes the "joining party" and the impleaded nonparty becomes the "additional defendant."

Grounds for Joinder — Pa.R.C.P. 2252(a)

• A party may join any nonparty 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 same transaction or occurrence on which the underlying cause of action is based (i.e., "liable over" or jointly and severally liable).

Two Methods — Praecipe for Writ or Complaint — Pa.R.C.P. 2252(b)

• The joining party may proceed as of course by filing either a praecipe for a writ to join an additional defendant or a complaint. If joinder is by writ, the joinder complaint must be filed within 20 days after the praecipe is filed.

Timing — 60-Day Window — Pa.R.C.P. 2253

• Neither the praecipe nor the joinder complaint may be filed later than 60 days after service upon the original defendant of the plaintiff's initial pleading, or the time for filing the joining party's answer, whichever is later, unless leave of court or the written consent of all parties (approved by and filed with the court) is obtained. After-the-deadline joinder requires filing within 20 days of the court's order or approval.

Substantive Basis — Indemnity, Contribution, Sole Liability

• The joinder rules are procedural only. The right to shift or share liability rests on substantive law: sole liability of the additional defendant to the plaintiff; indemnity (contractual or common-law/secondary liability); contribution under the Uniform Contribution Among Tort-feasors Act, 42 Pa.C.S. §§ 8321–8327 (right of contribution among joint tort-feasors, § 8324; "joint tort-feasor" defined, § 8322); warranty; or subrogation. Pennsylvania's Comparative Negligence Act, 42 Pa.C.S. § 7102, governs apportionment.

Pleadings Between Joining Party and Additional Defendant — Pa.R.C.P. 2255

• The procedure and pleadings between the joining party and the additional defendant are the same as between a plaintiff and a defendant. A joinder complaint must contain the Notice to Defend (Pa.R.C.P. 1018.1), be verified (Pa.R.C.P. 1024), and, for professional-liability claims, be supported by a Certificate of Merit (Pa.R.C.P. 1042.3). No judgment on the pleadings may be entered against the additional defendant for failure to answer, but unanswered factual averments requiring an answer are deemed conclusive against it. Pa.R.C.P. 2255(c).

Service of Original Process — Pa.R.C.P. 425

• The additional defendant is a new party and must be served with original process under Pa.R.C.P. 425 (incorporating the original-process rules, Pa.R.C.P. 400 et seq.) — not merely under Pa.R.C.P. 440.

Late-Joinder Objections — Pa.R.C.P. 2253(b)–(c)

• A party may object to late joinder on the ground of prejudice; the plaintiff may also object on the ground that the joining party has not shown a reasonable justification for delay. The joined party may file preliminary objections asserting prejudice or any ground under Pa.R.C.P. 1028.

Local Rules

• Confirm county-specific requirements (e.g., Philadelphia civil cover sheet / Notice to Defend; Allegheny local rules; Commerce Program) and current jury-demand and e-filing procedures.

Sources and References

• Pa.R.C.P. 2252 — Right to Join Additional Defendants — https://www.pacodeandbulletin.gov/secure/pacode/data/231/chapter2250/s2252.html
• Pa.R.C.P. 2253 — Time for Filing Praecipe or Complaint — https://www.pacodeandbulletin.gov/secure/pacode/data/231/chapter2250/s2253.html
• Pa.R.C.P. Chapter 2250 (Joinder of Additional Defendants) — https://www.pacodeandbulletin.gov/secure/pacode/data/231/chapter2250/chap2250toc.html
• Pa.R.C.P. 425 — Service Upon an Additional Defendant — https://www.pacode.com/secure/data/231/chapter400/s425.html
• Pa.R.C.P. 1018.1 — Notice to Defend
• Pa.R.C.P. 1024 — Verification; Pa.R.C.P. 1042.3 — Certificate of Merit
• 42 Pa.C.S. § 8324 — Right of contribution — https://law.justia.com/codes/pennsylvania/title-42/chapter-83/section-8324/
• 42 Pa.C.S. §§ 8321–8327 — Uniform Contribution Among Tort-feasors Act
• 42 Pa.C.S. § 7102 — Comparative Negligence
• Unified Judicial System of Pennsylvania — https://www.pacourts.us/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Pennsylvania must review and customize this document — including the official Notice to Defend, verification, and any required Certificate of Merit and local-rule cover sheets — before filing. Laws, citations, and court rules change frequently; verify all authorities before use.