108 Pa. 250, 56 Am.Rep. 200, in which the court said:
'As a general rule neither citizenship nor residence is requisite to entitle a person to bring suit in Pennsylvania.'
See the notes of the Committee which drafted the Pennsylvania Rules of Civil Procedure. These rules were promulgated by the Supreme Court and have the effect of law. It is plain the Committee did not intend that Rules 2077 and 2079 should be limited to resident plaintiffs. They specifically contradict the dictum in the Bucks County case. A note to Rule 2077(a) 9 follows:
'While the non-resident service statutes were originally designed to protect the resident plaintiff, the Non-Resident Motorist Act contains no limitation that the plaintiff must be a resident or must be domiciled in the state. Moreover, 'neither citizenship nor residence is requisite to entitle a person to bring suit in Pennsylvania.' It is therefore immaterial that the plaintiff is not a resident of or is not domiciled in the state.'
Note 12 to Rule 2077(a) 9 is as follows:
'The contrary was held in Perkins v. Great Eastern System, Inc., Court of Common Pleas, Bucks County, No. 17, January Term, 1937 (not reported). This decision was followed by the same Court in Haddonleigh Estate, Inc. v. Spector Motor Service, 1941, 41 Dist.& Co. 247, in which two foreign corporations, one of them registered to do business in Pennsylvania, brought suit against a non-resident and effected service under the Non-Resident Motorist Act. The court re-declared its decision that a non-resident cannot invoke the.Act but held that as one of the plaintiffs had registered to do business in Pennsylvania it was in effect a resident and service could therefore be made under the Act even though the other plaintiff was a non-resident.'
'These decisions read into the Act a limitation which is not expressed and which is contrary to the policy declared in Knight v. West Jersey R.R. Co., 1885, 108 Pa. 250, 56 Am.Rep. 200. In other jurisdictions, the view has been adopted, in accord with that stated in the text, that unless the statute requires the plaintiff to be a resident, a non-resident may invoke the benefit of the non-resident motorist statute. Peeples v. Ramspacher, D.C., E.D.S.C. 1939, 29 F.Supp. 632; Highway Steel & Mfg. Co. v. Kincannon, 1939, 198 Ark. 134, 127 S.W.2d 816, appeal dismissed without opinion in 1939, 308 U.S. 504, 60 S. Ct. 88, 84 L. Ed. 431, rehearing denied in 1939, 308 U.S. 635, 60 S. Ct. 134, 84 L. Ed. 528, * * * '
Even though it does not rank as a judgment, the opinions of the propounders of the Pennsylvania Rules of Civil Procedure should weigh at least equally with the judgment of a single Common Pleas Court.
The motion of the defendant will be denied.
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