in the United States District Court situate in Allegheny County. Washington County is included in this judicial district.
It is to be observed that under Rule 4(d)(7), Fed.R.Civ.P., the substituted service authorized by the Non-Resident Motorist Statute is available to a third-party plaintiff in an action commenced in a federal court. Ball v. Yankee Lines, D.C.E.D.Pa.1950, 9 F.R.D. 600; Sussan v. Strasser, D.C.E.D.Pa.1941, 36 F.Supp. 266. See also, Standard Pennsylvania Practice, Goodrich-Amram, Vol. 2, § 2077(a)-8.
Although no decision of the Court of Appeals for this Circuit involving the precise issue has been brought to our attention, several district court decisions have uniformly sustained the validity of substituted service upon non-residents where the vehicular accident occurred in a county other than that in which the federal court was situate.
It may be gathered from these cases that Rule 2079, Pa.R.Civ.P., is a procedural rule binding only on state courts and does not operate to destroy a federal court's jurisdiction over the person of a non-resident operator or owner of a motor vehicle upon whom substituted service has been made in accordance with the Non-Resident Motorist Statute and Rule 4(d)(7), Fed.R.Civ.P. Cf. Hopkins v. Pennsylvania Power & Light Co., D.C.E.D.Pa.1953, 112 F.Supp. 136.
Again, if it should be deemed that the Non-Resident Motorist Statute does not apply to a tractor, we think effective service upon the third-party defendant, owner of the tractor involved, an unqualified foreign business corporation doing business in Pennsylvania, was obtained pursuant to the Act of 1957, July 11, P.L. 711, subd. B, supra. As pointed out in Orris v. Pennsylvania Power Co., supra, the fact that the accident occurred in a county other than that in which suit was brought is immaterial and substituted service through the Secretary of the Commonwealth was held to be valid.
We therefore hold that in this civil action brought in this federal court, the service of process upon the Secretary of the Commonwealth and notice to the non-resident owner of the tractor, the third-party defendant constitute good and valid service upon it, and this court has jurisdiction of its corporate person.
An appropriate order denying the motion will be entered.