Community Association v. Traditions of America
CourtSuperior Court of Pennsylvania
Date FiledNovember 4, 2026
Docket3161 EDA 2025
JudgeLazarus
StatusUnpublished
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Full Opinion
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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMUNITY ASSOCIATION : IN THE SUPERIOR COURT OF
UNDERWRITERS OF AMERICA, INC. : PENNSYLVANIA
:
Appellant :
:
:
v. :
:
: No. 3161 EDA 2025
TRADITIONS OF AMERICA, LP, SK :
INSULATION, LLC, METROPOLITAN :
FIRE PROTECTION, INC., AND :
GUARDIAN PROTECTION SERVICES, :
INC. :
Appeal from the Order Entered November 18, 2025
In the Court of Common Pleas of Chester County Civil Division at No(s):
2023-07625-TT
BEFORE: LAZARUS, P.J., BECK, J., and NEUMAN, J.
MEMORANDUM BY LAZARUS, P.J.: FILED NOVEMBER 4, 2026
Community Association Underwriters of America, Inc. (CAUA), appeals
from the order, entered in the Court of Common Pleas of Chester County,
granting summary judgment in favor of Appellee Traditions of America, LP
(Traditions LP/Original Defendant), and SK Insulation, LLC (SK), Metropolitan
Fire Protection, Inc. (Metropolitan), and Guardian Protections Services, Inc.
(Guardian) (collectively, Additional Defendants). On appeal, CAUA also
challenges the trial court’s April 2, 2025 order denying its motion for leave to
amend the caption of its complaint. After careful review, we affirm in part,
reverse in part, and remand with instructions.
CAUA insures Traditions of America at Southpointe, a 55-and-over
residential community (Property) located in Canonsburg, Washington County.
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On December 26, 2022, the Property’s clubhouse (Clubhouse) suffered severe
water damage when the sprinkler pipes of a fire-suppression system (System)
froze and ruptured. On October 2, 2023, CAUA filed a subrogation action
against Traditions LP for negligence, breach of contract, and breach of implied
warranties, claiming that Traditions LP “was charged with coordinating and
overseeing,” among other things, the construction of the Clubhouse.
Complaint, 10/2/23, at ¶ 8.1 The complaint also alleged that “[a]t all relevant
times, [Traditions LP] was engaged in the business of [] providing sales and
services pertaining to new [] home [] construction, new [] facility construction,
and other general contracting undertakings.” Id. at ¶ 6.
Traditions LP filed an answer with new matter claiming, in part, that it
did not provide sales and services related to constructing new homes,
facilities, or other “general contracting undertakings” for the Property and was
not the developer/general contractor of the Property and, by extension, the
Clubhouse. See Answer, 12/1/23, at ¶¶ 6-10. Traditions LP also denied that
it designed, installed, maintained, serviced, or insulated the System at the
Property or the Clubhouse, id. at ¶ 31, or that any contracts existed between
Traditions LP and the Property’s owners. Id. at ¶ 32.
On December 11, 2023, Traditions LP filed a joinder complaint against
SK and Metropolitan raising claims of negligence, breach of contract, breach
of warranty, and breach of the implied warranties of habitability and
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1 CAUA further averred that “[u]pon information and belief, [Traditions LP] is
a Pennsylvania corporation with its principal place of business at [1235
Westlakes Drive, Suite 200, Berwyn, PA 19312].” Id. at ¶ 5.
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workmanlike performance. The joinder complaint alleged that SK had entered
into a contract with TOA Construction Corporation (TOA) to provide the
insulation for the System and that Traditions LP had entered into a contract
with Metropolitan to design and install the System. Traditions LP alleged that
“[a]t all times relevant, [Additional Defendants] were the contractors
responsible for the design, installation[,] and insulation of the [S]ystem at the
[P]roperty[.]” Joinder Complaint, 12/11/23, at ¶ 6. 2
In May 2024, Metropolitan filed a third-party joinder complaint against
Guardian, followed by an amended third-party joinder complaint on July 31,
2024, seeking indemnification and contribution. The amended joinder
complaint alleged that Guardian was solely liable to CAUA for its failure to
properly install an alarm system for the System and that Guardian had a
contract with “Traditions of America” to which Metropolitan was a third-party
beneficiary. See Amended Third-Party Joinder Complaint, 7/31/24, at 2
(unpaginated). Guardian filed an answer with new matter to the amended
third-party joinder complaint. Subsequently, Guardian filed preliminary
objections to Metropolitan’s amended joinder complaint claiming that it had
no duty of care to Metropolitan and that Metropolitan’s amended complaint is
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2 Attached to the joinder complaint is a signed agreement between
Metropolitan and “Traditions of America.” The address of Traditions of
America is listed as 201 King of Prussia Road, Suite 370, Radnor, PA 19089.
A Department of State website lists the same Radnor address as Tradition LP’s
registered corporate address. The Department of State website, however,
lists TOA’s registered address as One Saucon View, Bethlehem, PA 18015.
See Exhibits D-F.
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legally insufficient and fails to state a legally viable claim upon which relief can
be granted. Metropolitan filed a response to Guardian’s preliminary
objections.3 On September 9, 2024, Traditions LP filed a crossclaim against
Guardian, see Pa.R.C.P. 1031.1, claiming Guardian was either solely liable for
CAUA’s damages or was liable to Traditions LP for indemnity and/or
contribution. The two-year statute of limitations on CAUA’s action expired on
December 26, 2024. See 42 Pa.C.S.A. § 5524.
On January 9, 2025, Peter Yesner, Senior Vice-President of Finance
Planning and Analysis for Traditions LP, was deposed. During his deposition,
Yesner admitted that Traditions LP and TOA have a commonality of ownership
and that he “believed” they are insured under the same policy. See Deposition
of Peter Yesner, 1/9/25, at 38-40 (acknowledging Timothy McCarthy and
David Biddison have ownership interest in TOA and that they are also
members of Traditions of America Advisors, LLC, one of Traditions LP’s two
partner companies).4 Moreover, Yesner acknowledged that TOA employees’
email addresses have the same domain as that of Traditions LC’s employees’
email addresses. Id.
On January 23, 2025, CAUA filed a motion for leave to amend the
caption of its complaint in order “to reflect the proper corporate name of the
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3 Guardian’s preliminary objections were never ruled upon by the trial court.
4 Traditions LP is comprised of two companies: Traditions of America
Investors, LLC, and Traditions of America Advisors, LLC. See Exhibit H
attached to Plaintiff’s Motion for Leave to Amend Caption, 1/23/25, at ¶ 54.
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[d]efendant from Traditions of America, L.P.[,] to TOA Construction
Corporation.” Motion to Amend, 1/23/25, at ¶ 30. The motion also
“request[ed] permission to amend the caption to change the name of the
defendant because Traditions of America, L.P. misled [CAUA] on the correct
corporate entity responsible for serving as the general contractor and/or
primary contact for subcontractors for the job.” Id. at 1. Traditions LP and
Additional Defendants filed responses to the motion. 5
On April 2, 2025, the court denied CAUA’s motion to amend the
complaint, concluding that Traditions LP did not mislead CAUA as to the
identity of the proper, original defendant, that CAUA was on notice and failed
to investigate that TOA might be involved, and that TOA was a distinct
corporate entity from Traditions LP. See Order, 4/2/25, at 2-3; Trial Court
Memorandum, 4/2/25, at 3. See also Trial Court Memorandum, 11/19/25,
at 1.
On September 11, 2025, Traditions LP and Additional Defendants jointly
moved for summary judgment, claiming that “all direct and derivative claims
are moot and the case must be dismissed, with prejudice, as a matter of law.”
Defendants’ Joint Motion for Summary Judgment, 9/11/25, at 2. CAUA filed
a reply to the motion. Traditions LP and Additional Defendants filed a reply to
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5 On January 30, 2025, Guardian filed a motion for judgment on the pleadings,
claiming that it had no common law duty with regard to Metropolitan and
TOA’s tort claims for indemnification and contribution and that any such claims
are precluded by the gist of the action doctrine and contract and tort law. See
Guardian Motion for Judgment on Pleadings, 1/30/25, at 2 (unpaginated).
Like its preliminary objections, Guardian’s motion for judgment on the
pleadings was not ruled upon by the trial court.
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CAUA’s response, asserting that because CAUA failed to present any evidence
to support direct claims of Additional Defendants’ sole and direct liability to
CAUA, summary judgment was proper. See Original Defendant and Additional
Defendants’ Reply to Plaintiff’s Response to Summary Judgment Motion,
10/30/25, at 3-5. The court granted the joint motion and dismissed CAUA’s
action, concluding that because “Plaintiff originally brought suit against an
improper party[, it] cannot pursue actions against additional defendants that
are only in this case because they were joined by a party that Plaintiff admits
never should have been sued in the first place.” Trial Court Memorandum,
11/19/25, at 1-2 (unpaginated).
CAUA filed a timely notice of appeal6 and court-ordered Pa.R.A.P.
1925(b) concise statement of errors complained of on appeal. CAUA raises
the following issues for our consideration:
(1) Did the trial court commit an error of law when it denied
[CAUA’s] motion for leave to amend the complaint when the
evidence of record showed that the original defendant
deliberately created confusion in the record as to its correct
legal name, and that permitting the amendment after the
statute of limitations expired when both parties share
common ownership and insurance would not present any
prejudice?
(2) Did the trial court commit an error of law when it granted
summary judgment to all defendants based upon an
unsupported claim that an original defendant was sued
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6 CAUA challenges the court’s April 2, 2025 order denying its motion to amend.
That order did not become final until the order granting summary judgment
and dismissing the case was entered. See Borough of Mifflinburg v. Heim,
705 A.2d 456, 462 (Pa. Super. 1997) (in general, orders denying or granting
party’s request to amend pleadings are interlocutory and not immediately
appealable).
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erroneously, and therefore, despite the clear and
unequivocal language of [Pennsylvania Rule of Civil
Procedure] 2255(d), the [A]dditional [D]efendants joined
within the statute of limitations should also be dismissed
from the lawsuit, despite long-standing case law holding the
opposite?
Appellant’s Brief, at 4 (renumbered for ease of disposition).
We review the denial of a motion to amend the caption 7 for an abuse of
discretion. Phillips v. Lock, 86 A.3d 906, 915 (Pa. Super. 2014). When a
party attempts to amend a pleading after the statute of limitations has
expired, courts apply the following rule:
[A]mendments will not be allowed which introduce a new cause of
action or bring in a new party or change the capacity in which he
is sued. If the effect of the amendment is to correct the name
under which the right party is sued, it will be allowed; if it is to
bring in a new party, it will be refused.
Blaine v. York Fin. Corp., 847 A.2d 727, 729 (Pa. Super. 2004) (citation
omitted). The policy against permitting amendment after the statute of
limitations on an action has expired “is to insure that assets originally not
subject to liability will not become subject to liability through court action[.]”
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7 Pennsylvania Rule of Civil Procedure 1033 provides:
(b) An amendment correcting the name of a party against whom
a claim has been asserted in the original pleading relates back to
the date of the commencement of the action if, within 90 days
after the period provided by law for commencing the action, the
party received notice of the institution of the action such that it
will not be prejudiced in maintaining a defense on the merits and
the party knew or should have known that the action would have
been brought against the party but for a mistake concerning the
identity of the proper party.
Pa.R.Civ.P. 1033(b).
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Lafferty v . Alan Wexler Agency, Inc., 574 A.2d 671, 673-74 (Pa. Super.
1990).
The question as to whether a court should allow a plaintiff to amend a
caption is “whether the right party was sued[,] but under a wrong designation,
or whether a wrong person was sued and the amendment was designed to
substitute another and distinct party.” Gozdonovic v. Pleasant Hills Realty
Co., 53 A.2d 73, 76 (Pa. 1947); see also Ferraro v. McCarthy-Pascuzzo,
777 A.3d 1128, 1132-33 (Pa. Super. 2001) (issue is whether “proposed
amendment adds a new party to the litigation or merely corrects a party
name”). The 2017 explanatory comment to Rule 1033 provides an exception
to the general rule against post-statute-of-limitations amendments when a
defendant has misled a plaintiff as to the proper defendants in an action. In
such cases, if the statute of limitations has expired, the proper remedy is to
toll the statute of limitations as to the defendant who perpetrated the
concealment. See Diaz v. Schultz, 841 A.2d 546, 549 (Pa. Super. 2004).
CAUA claims on appeal8 that Traditions LP did not act in good faith when
it withheld information, presented conflicting information, and affirmatively
stated in the record that it was the proper party to be sued. CAUA asserts
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8 In its motion to amend, CAUA claimed, in addition to concealment on the
part of Traditions LP, that Traditions LP and TOA had a “commonality of
ownership.” See Motion to Amend, 1/23/25, at ¶ 58. However, on appeal,
CUAU has only raised the issue of Traditions LP concealing and misleading
CAUA as to the identity of the proper defendant. See Appellant’s Brief, at 24
(“This is the exception that applies to this case, which the trial court abused
its discretion by refusing to permit the amendment.”). Thus, we confine our
review to that issue.
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that “[Tradition’s LP’s] bare denial is not a factual refutation.” Appellant’s
Brief, at 29. Thus, CAUA claims it was entitled to amend its complaint after
the expiration of the statute of limitations.
It is well-established that:
Where a defendant or his agents actively mislead a plaintiff as to
who are the proper defendants until after the statute of limitations
has expired, the proper remedy is to toll the statute of limitations
as to the defendant regarding whom the concealment was
directed. Intentional concealment of the identity of the proper
defendant is not necessary. All that is required is that the
evidence establish that one party actively misled another party.
Diaz, 841 A.2d at 549 (citations, quotations, and ellipsis omitted). It is the
plaintiff’s burden to prove such fraud or concealment by “clear, precise[,] and
convincing” evidence. Reibenstein v. Barax, 286 A.3d 222, 229 n.25 (Pa.
2022), citing Fine v. Checcio, 870 A.2d 850, 860 (Pa. 2005).
Moreover, “it is the duty of the party asserting a cause of action to use
all reasonable diligence to properly inform himself of the facts and
circumstances upon which the right of recovery is based and to institute suit
within the prescribed statutory period.” Schaffer v. Larzelere, 189 A.2d
267, 269 (Pa. 1963). “[L]ack of knowledge, mistake, or misunderstanding
[will] not toll the running of the statute of limitations.” Hamilton v. Bechtel,
657 A.2d 980, 983 (Pa. Super. 1995) (citations and quotations omitted).
Instantly, the trial court found that Traditions LP repeatedly denied that:
it provided sales and services in connection with the Property; it coordinated
and/or oversaw construction of the Property; it was the Property’s developer
or general contractor; and it designed, installed, and/or insulated the System.
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See Trial Court Memorandum, 4/2/25, at 2. Moreover, the court pointed out
that Traditions LP specifically averred in its joinder complaint that SK had
entered into a contract with “TOA Construction Corporation” and that
Metropolitan had entered into a contract with “Traditions.” Id. at 2-3. Finally,
Traditions LP averred that pursuant to the contracts between TOA, SK, and
Metropolitan, the Additional Defendants agreed to indemnify Traditions LP
from any “damages, claims, losses, and expenses sustained in connection with
property damage from any act, omission and/or performance” of any
subcontractor’s work. Joinder Complaint, 12/11/23, at ¶ 13. Thus, the court
concluded that CAUA “was on notice that TOA Construction Corp. might be
involved and failed to investigate.” Id. at 3.
After a review of the record, we conclude that the trial court’s decision
to deny CAUA’s motion to amend after the statute of limitations had run was
not an abuse of discretion. See Phillips, supra. Not only was CAUA on
notice that TOA had entered into a contract with SK with regard to insulating
the System, but it also knew that the contracts and/or agreements entered
into between TOA and the Additional Defendants set forth indemnification and
insurance requirements protecting Traditions LP and warranting that the
Property’s System was “designed, installed, constructed, built and/or
insulated at the subject property would be in a good and workman-like
manner.” N.T. Joinder Complaint, 12/11/23, at ¶¶ 18, 23. Moreover, given
the fact that the joinder complaint refers to “Traditions” and “TOA” as distinct
entities, CAUA should not have been misled to believe that the names were
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used interchangeably or that they were the same entity. Under such
circumstances, not only did CAUA fail to use reasonable diligence to institute
suit against TOA within the prescribed statutory period, see Schaffer, supra,
but it also did not produce “clear, precise[,] and convincing” evidence that
Traditions LP actively misled CAUA with regard to who was the proper
defendant to sue until after the statute of limitations expired. See
Reibenstein, supra; Diaz, supra.9
Next, CAUA argues that, in granting summary judgment, the trial court
misapplied Pa.R.C.P. 2255(d) regarding joinder of defendants. Specifically,
CAUA claims that the trial court, “based on no authority whatsoever, held that
[CAUA’s] prior [m]otion to [a]mend contained judicial admissions that
Traditions [LP] was not a proper party, and, therefore, any party joined by
Traditions [LP] should never have been in the case in the first place.”
Appellant’s Brief, at 18-19. Instead, CAUA avers that “[d]ecades of case law
applying [Rule 2255(d)] ha[s] uniformly held that an additional defendant
automatically becomes liable over to a plaintiff upon being join[ed], so long
as the joinder claims are related to the underlying claims of the original
[c]omplaint.” Id. at 18.
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9 CAUA also claims that because Traditions LP alleged it had no exposure for
liability in the matter, the third-party lawsuit it filed sought “damages it could
not recover.” Appellant’s Brief, at 29. However, a third-party lawsuit can be
filed against defendants who are alleged solely to be liable for the plaintiff’s
underlying cause of action. See Pa.R.A.P. 2252(a)(1) (“any party may join
as an additional defendant any person not a party to the action who may be
solely liable on the underlying cause of action against the joining party,” i.e.,
solely liable to plaintiff).
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“[S]ummary judgment is appropriate only in those cases where the
record clearly demonstrates that there is no genuine issue of material fact and
that the moving party is entitled to judgment as a matter of law.” Summers
v. Certainteed Corp, 997 A.2d 1152, 1159 (Pa. 2010) (citation omitted);
Pa.R.C.P. 1035.2(1). “When considering a motion for summary judgment, the
trial court must take all facts of record and reasonable inferences therefrom
in a light most favorable to the non-moving party.” Summers, 997 A.2d at
1159. Moreover, “the trial court must resolve all doubts as to the existence
of a genuine issue of material fact against the moving party, and, thus, may
only grant summary judgment ‘where the right to such judgment is clear and
free from all doubt.’” Id. For purposes of appellate review:
an appellate court may reverse a grant of summary judgment if
there has been an error of law or an abuse of discretion. But the
issue as to whether there are no genuine issues as to any material
fact presents a question of law, and therefore, on that question[,]
our standard of review is de novo. This means we need not defer
to the determinations made by the lower tribunals.
Weaver v. Lancaster Newspapers, Inc., 926 A.2d 899, 902-03 (Pa. 2007)
(internal citations omitted).
Pennsylvania Rule of Civil Procedure 2255(d) states “[t]he plaintiff shall
recover from an additional defendant found liable to the plaintiff alone or
jointly with the defendant as though such additional defendant had been
joined as a defendant and duly served and the initial pleading of the plaintiff
had averred such liability.” Pa.R.C.P. 2255(d). In Richards v. Alston, 553
A.2d 488 (Pa. Cmwlth. 1989), the Commonwealth Court noted that “[u]nder
[Rule] 2255(d), a plaintiff, even though he or she may have asserted no claim
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against an additional defendant in a pleading against it, may recover directly
from an additional defendant as from an original defendant when the facts
established at trial show that the additional defendant is liable to him or
her either solely or jointly or severally with the original defendant.” Id. at
490-91 (emphasis added), citing Sheriff v. Eisele, 112 A.2d 165 (Pa. 1955).
In Brickman Group, Ltd. V. CGU Ins. Co., 829 A.2d 1160 (Pa. Super.
2003), Brickman, a corporation providing professional landscaping services,
sued CGU, a licensed Pennsylvania insurance company. CGU filed preliminary
objections to the complaint; Brickman then filed an amended complaint raising
additional claims. CGU filed preliminary objections to the amended complaint
which the trial court sustained in part, dismissing Brickman’s claims for breach
of fiduciary duty and bad faith insurance practices. Brickman then filed a
motion to amend its first amended complaint, seeking to update and expand
the factual allegations it alleged, reassert a bad faith claim, and add a fraud
count. The court granted the motion to add the factual allegations but denied
the remaining claims.
Brickman and CGU filed cross-motions for summary judgment that were
denied. Ultimately, CGU filed a joinder complaint against the additional
defendants. In CGU’s amended joinder complaint, it alleged that the
additional defendants had breached their duty to Brickman and to CGU and
that they were solely liable to Brickman or liable over to CGU for any damages
awarded to Brickman. Additional defendants filed preliminary objections to
CGU’s amended complaint, which the court “dismissed . . . without prejudice
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‘because this case is deferred due to the filing of an appeal.’” Id. at 1162.
Brickman did not plead any allegations against the additional defendants. Id.
CGU filed a motion for reconsideration of the partial denial of its
summary judgment motion, asserting the contract upon which Brickman
based its complaint was illegal and could not be enforced. The trial court
ultimately agreed that the contract “was an inducement, that it was a violation
of [statutes], and[, thus], that it was unenforceable. [Therefore,] Brickman
was out of court.” Id. Brickman appealed the court’s order.
Prior to reaching the merits of Brickman’s appeal, our Court determined
that the order appealed “dismissed Brickman’s remaining claims against CGU.
[However,] CGU’s claims against the additional defendants [] remained
pending[,]” with the additional defendants’ preliminary objections still
outstanding. Id. at 1163. Thus, because the order appealed from did not
dispose of all claims and all parties, our Court quashed the appeal. See id.
at 1165. See also id. (“A review of the record does seem to indicate that the
additional defendants are still in the case and that the plaintiff can maintain
an action against them. See Pa.R.C.P. 2252 2255(d).”) (concurring opinion
by Klein, J.).10 However, relatedly, the Court stated in a footnote that:
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10 Similarly, in Gongloff Contr., L.L.C. v. L. Robert Kimball & Assocs.,
Architects & Eng’rs, Inc., 119 A.3d 1070 (Pa. Super. 2015), our Court cited
a prior panel decision where our Court “had quashed [an] appeal, holding that
the trial court’s order [] was not a final appealable order because the
preliminary objections of the additional defendants remained unresolved,”
even where the original defendant had been dismissed, with prejudice, after
(Footnote Continued Next Page)
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[Original defendant,] CGU[,] indicated in its memorandum of law
in opposition to additional defendants’ motion to determine
preliminary objections that it sought consent from [plaintiff] and
additional defendants to discontinue its third-party complaint.
Additional defendants responded by stating that they considered
the third-party complaint to be moot following the trial court's
March 27, 2002[] order granting summary judgment in favor of
CGU. Brickman did not respond. CGU further stated that it was
willing to voluntarily discontinue its third-party complaint without
prejudice. The only details relevant to our inquiry, however, are
that the complaint remained pending at the time of the April 25,
2002, notice of appeal, that the application for determination of
finality was untimely, and that no final, appealable order exists
over which we may establish jurisdiction.
Id. at 1163 n.2.
Here, the trial court found that because the court denied CAUA’s motion
to amend the caption to add the correct defendant, TOA, any direct or
derivative claims with regard to the remaining additional defendants were
moot. However, Brickman and Gongloff demonstrate that claims emanating
from a joinder complaint against additional defendants—where the complaint
alleges Additional Defendants to be solely liable to a plaintiff or jointly and
severally liable over to the original defendant—can survive when the original
defendant is dismissed from the case.
Instantly, Traditions LP and Additional Defendants’ joint summary
judgment motion avers that CAUA was “not capable of establishing any breach
of duty or contract by Traditions [LP] after [CAUA] admitted that Traditions
[LP] is the incorrect party and all subsequent claims are derived from
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the court granted its motion for judgment on the pleadings based on the
economic loss doctrine. Id. at 1075, citing id., 100 A.3d 297 (Pa. Super.
2014) (unpublished memorandum decision at 8).
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Traditions [LP].” Joint Summary Judgment Motion,9/11/25, at 5. The motion
also alleges that “[w]here the claims against the original defendant fail, the
derivative claims must be dismissed as there is no contribution nor
indemnification owed by the third-party defendants to the original defendant
for a debt that does not, and cannot, exist.” Id. at 6. Finally, the motion
avers that there are no direct claims from [CAUA] against the third-party
Defendants (nor could there be based on the facts).” Id. at 7.
Despite these averments, Rule 2255(d) is clear that “an additional
defendant . . . becomes immediately subject to plaintiff’s claims in every
respect and with the same force and effect as if he had been originally named
as a defendant, and even without the necessity of any pleading being filed by
the plaintiff against him[.]” Sheriff, 112 A.2d at 166. Moreover, in
Incollingo v. Ewing et al., 282 A.2d 206 (Pa. 1971), our Supreme Court
interpreted the plaintiff’s claim broadly to include not only the cause of action
asserted by the plaintiff—but other “related” causes of action asserted against
the additional defendant by the original defendant—where that claim was
related to the cause of action which the plaintiff asserted against the original
defendant. Id. at 221. See id. (“[R]ule 2255(d) in effect incorporates by
reference in the original complaint the properly pleaded averments of third[-
]party liability contained in the third[-]party complaint.”).
Nothing in the language of the rule or in case law interpreting Rule
2255(d) preconditions a plaintiff’s right to recover solely and directly from
additional defendants on whether the plaintiff has sued the correct original
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defendant. The trial court has cited to no applicable case law, and we have
found none to support that legal proposition. Moreover, we recognize that our
courts “broadly construe [Rule 2252] to effectuate its purpose of avoiding
multiple lawsuits by settling in one action all claims arising out of the
transaction or occurrence which gave rise to the plaintiff’s complaint.” 202
Island Car Wash, L.P. v. Monridge Constr. Inc., 913 A.2d 922, 926 (Pa.
Super. 2006) (citations omitted).
Accordingly, we conclude that a plaintiff may still recover at trial against
additional defendants even though an original defendant is no longer a party
to the matter, whether or not the original defendant was the correct party
sued. Thus, the trial court erred when it prematurely granted summary
judgment in favor of Additional Defendants SK, Metropolitan, and Guardian,
on the basis that any direct or derivative claims with regard to the Additional
Defendants were moot because Traditions LP was not the correct party to be
sued. Weaver, supra.
Thus, we affirm in part, reverse in part, and remand. Upon remand, the
trial court must determine whether Traditions LP’s claims and additional
defendant Metropolitan’s claims against Guardian (second additional
defendant) are sufficiently related to CAUA’s original claims against Traditions
LP such that they create genuine issues of material fact to permit them to
proceed to trial. Summers, supra.
Order affirmed in part and reversed in part. Case remanded for
proceedings consistent with this decision. Jurisdiction relinquished.
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Date: 11/4/2026
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