Rule *1041.1 - Pleadings in Asbestos Cases(A) Master Long Form Complaint. (1) Counsel representing plaintiffs in asbestos cases may file a Master Long Form Complaint under the General Asbestos Pleading Numbers. The Master Long Form Complaint shall set forth all theories of recovery and all liability allegations that the counsel filing it expects to advance in any asbestos case. To the greatest extent possible, all counsel regularly representing plaintiffs in asbestos cases should attempt to agree on a single Master Long Form Complaint subscribed to by each of them.(2) The Master Long Form Complaint shall sufficiently identify each defendant against whom claims for asbestos related personal injuries are expected to be pursued, and shall include the capacity in which each defendant will be sued.(3) Upon approval of a Master Long Form Complaint by the Court, it shall be deemed to apply to all cases subsequently filed by that counsel. Counsel may subsequently file an Amended Master Long Form Complaint which shall then become the designated Master Long Form Complaint for that counsel without leave of Court, provided that no objection to the amendment is made by any party within thirty days of its filing with the Court.(4) All theories of recovery and all liability allegations, including allegations of successor or predecessor liability, contained in any Master Long Form Complaint or Amended Master Long Form Complaint shall be automatically deemed denied and at issue as to any and all defendants.(B)Short Form Complaint. Counsel who have filed a Master Long Form Complaint shall file and serve a Short Form Complaint in every asbestos case thereafter, containing the following information:(1) The name, address, social security number and date of birth of each plaintiff or decedent;(2) A list of the specific defendants against whom the claim is being made. Any defendant not previously identified in the Master Long Form Complaint must be sufficiently identified in the Short Form Complaint, including the capacity in which the defendant is being sued. Counsel are reminded of the provisions of Pa.R.C.P. 1023(b) regarding certification of the contents of pleadings, and are cautioned that no defendant may be included in a Short Form Complaint unless, after reasonable inquiry, it is believed in good faith that there exists a valid cause of action against that defendant;(3) A complete employment history, including location and type of employment;(4) The asbestos exposure dates with identification of corresponding employment;(5) To the extent possible, the name and manufacturer of each asbestos-containing product to which exposure is alleged;(6) With respect to each product identified in paragraph (5) above, the inclusion dates of exposure and the job site at which the exposure occurred;(7) The disease claimed, along with date of diagnosis and the date of the plaintiff's first knowledge of the asbestos-related injuries;(8) A statement as to whether or not a claim for lost wages is being asserted; (9) If appropriate, the date of death, the authority of the named plaintiff to bring the suit and the persons entitled to recover under the relevant statutes; and(10) If appropriate, any unusual allegations or jurisdictional statements specific to the particular case, which are not included in the Master Long Form Complaint.(C)Responsive Pleadings by Defendants.(1) In response to each Master Long Form Complaint, the defendants regularly named in asbestos cases may collectively assert all affirmative defenses on behalf of all defendants. This shall be accomplished by the filing of a pleading known as the defendants' Master New Matter. The defendants' Master New Matter shall be filed with the Court within thirty (30) days of the filing of the Master Long Form Complaint to which it responds. The Master New Matter shall be deemed incorporated as a response to each Short Form Complaint filed under each Master Long Form Complaint. Defendants need not file responses to the liability allegations of the Master Long Form Complaint, including allegations of citizenship, place of doing business, and predecessor or successor liability, as they are automatically deemed denied and at issue. The defendants' Master New Matter may be supplemented or amended at subsequent times by the filing of a Supplemental Master New Matter.(2)(a) In response to a Short Form Complaint, each defendant may file an Entry of Appearance and Answer to Complaint, containing the name, address and telephone number of counsel representing each defendant, together with a statement incorporating the Master New Matter. Without waiver of the right to file preliminary objections or to contest jurisdiction or service, the filing of an Entry of Appearance and Answer to Complaint by a defendant shall be deemed to constitute a denial of all theories of recovery and all liability and damage allegations contained in the Master Long Form Complaint and the Short Form Complaint and an assertion of all defenses contained in the Master New Matter.(b) If a complaint other than a Short Form Complaint is used by a plaintiff in a particular action, a defendant may file a Short Form Answer which responds only to allegations concerning the identity of the answering defendant. All remaining allegations shall be deemed denied and at issue. The Short Form Answer may set forth affirmative defenses by way of new matter, may incorporate by reference the defendants' Master New Matter, or may include any combination of both.(3) A defendant may file preliminary objections, but any objections to personal jurisdiction, venue or service shall be deemed to have been waived unless they are filed within ninety (90) days after service of the complaint.(4) Claims for contribution or indemnity by and among the defendants shall be implied and need not be asserted in a Short Form Answer. All such claims shall be deemed denied without the necessity of filing a reply.(5) All new matter shall be deemed denied by all parties without the necessity of filing a reply.(D)Joinder of Additional Defendants.(1) An additional defendant joined by one defendant shall be deemed to have been joined by all defendants without the necessity of any further pleadings.(2) Joinder of additional defendants shall be by means of a Short Form Joinder Complaint which shall consist of the following information:(a) Identification of each additional defendant, including the capacity in which each additional defendant is being joined. (b) A statement in the following form: You are hereby joined as an additional defendant in this action and it is asserted that you are alone liable to the plaintiff, jointly and severally liable to the plaintiff and/or liable to the original defendants for contribution and/or indemnification.
(c) The legal theory upon which each additional defendant is being joined if other than an alleged common law right to contribution or indemnity.(3) A copy of the plaintiff's complaint or Short Form Complaint shall be attached to the Short Form Joinder Complaint.(4) The Short Form Joinder Complaint must be filed and served in accordance with the Pennsylvania Rules of Civil Procedure.(5) A party joined as an additional defendant may file an Entry of Appearance and Answer to Complaint in accordance with the provisions of paragraph (C) (2)(a) above, which shall constitute a denial of all liability and damage allegations of the joinder complaint and the plaintiff's complaint and shall also serve to assert all defenses set forth in the defendants' Master New Matter.(6) An additional defendant may file a Short Form Answer to the joinder complaint in accordance with the provisions of paragraph (C)(2)(b) above which responds only to allegations concerning the identity of the additional defendant. All remaining allegations shall be deemed denied and at issue. The Short Form Answer may set forth affirmative defenses to the joinder complaint and the plaintiff's complaint by new matter, may incorporate by ref-erence the defendants' Master New Matter, or may include any combination of both.(7) In response to a Short Form Joinder Complaint, an additional defendant may file preliminary objections in accordance with the limitations set forth in paragraph (C)(3) above.(8) Claims for contribution or indemnity against all other defendants and additional defendants shall be implied and need not be asserted in a Short Form Answer.(9) An additional defendant may join other additional defendants under the same procedures set forth above for joinder by an original defendant.(E)Prospective Effect. This rule shall have no effect on the rights of parties in actions where the pleadings were closed prior to the implementation of the procedures set forth herein.(F)Permissive Pleadings. Notwithstanding any provision of this rule, any party may file and serve upon any other party any pleading containing any claim or defense permitted under the Pennsylvania Rules of Civil Procedure. Original Order dated July 30, 1986 in In Re: Asbestos Litigation, October Term, 1986, No. 0001. Former Rule *1019.1, renumbered and amended by order dated December 5, 2019, published in the Pennsylvania Bulletin on December 21, 2019, and effective 1/20/2020.