Section 2128. Actions Against Partnerships and Liquidators

(a) An action against a partnership may be prosecuted against one or more partners as individuals trading as the partnership in the manner designated by Rule 2127(a), or against the partnership in its firm name.

(b) If a plaintiff prosecutes an action against a partnership in its firm name only, the partnership may prosecute any setoff, counterclaim or cross- action in its firm name.

(c) An action prosecuted against the liquidator of a dissolved partnership shall be prosecuted in the following manner: ‘‘A, Liquidator of A, B and C, late trading as X & Co.’’

(d) Whenever an action is prosecuted against a partnership in the names of the partners trading in the firm name and the partners or partnership shall have failed to file in the office of the prothonotary of the county or counties in which the partnership business is conducted a statement of membership as required by law, such partners shall not be permitted to plead a misnomer or the omission of the name of a partner of the partnership or the inclusion of the names of persons not partners of said partnership.

Official Note

Adopted May 1, 1939, effective November 6, 1939.