and closing transactions in Pennsylvania. Thew had some fifteen expert mechanics who were available, one of whom lived in Pennsylvania for the service of Thew products sold by Atlas in its territory. The officers of Thew, to promote good will and keep the distributor interested in selling Thew products, visited Pennsylvania from time to time. They called on Atlas but also on customers and other persons interested in purchasing Thew products. A Thew district salesman was specifically assigned to Atlas and he came into Western Pennsylvania two or three times a month. His duty was to help Atlas salesmen and to supplement and augment Atlas' efforts to get orders. Thew advertised its products in trade journals which circulated in Atlas' territory in Pennsylvania. For some twenty-three years a listing of the Thew name appeared in the Pittsburgh Telephone Directory with the address listed as the same place of business as the Atlas place of business.
It is to be noticed that while this matter was pending in this court, the Atlas contract with Thew was terminated. This occurred on March 31, 1959. As provided in the contract, Thew received back from Atlas, equipment and parts valued approximately at over $ 200,000. This property was however turned over by Thew to its new distributor, Parkway Machinery, Inc., which as this court understands, signed a similar distributor contract to the one existing between Atlas and Thew. It appears from the answers to the interrogatories made by Thew that for a period from March 9, 1959 until some time in June of 1959, Thew owned within Pennsylvania, the machinery and parts taken back from Atlas and which it then turned over to its new distributor.
In summarizing the facts, it is apparent that the expensive and heavy equipment manufactured by Thew and sold by Atlas as its distributor in Pennsylvania, was the subject of continuous interest and supervision by Thew. It provided salesmen to assist its distributor in making a sale. It insisted on knowing who the purchasers of its equipment were, and was interested and did see that they received service on the machinery bought. The officers of the corporation themselves came into Pennsylvania to promote business. Though they came at irregular times, they regularly came. Thew salesmen and mechanics regularly came into Pennsylvania to promote the business of Thew. The activities of these men certainly bring the corporation squarely within the language of the statute, that is, '* * * for the doing of a series of similar acts for the purpose of thereby realizing pecuniary benefit * * *.' Further, it seems to this court that advertising its products in Pennsylvania, under the circumstances, should be considered as an 'entry' within the meaning of section 1011, subd. C of the state statute.
Upon the facts before me as gleaned from the depositions and answers to the interrogatories, this court has no hesitancy in finding that defendant, Thew Shovel Company, was and is doing business in Pennsylvania. It may very well be that under the concept of doing business, as that term was interpreted prior to the enactment of the 1951 statute, Thew would be considered not amenable to suit in Pennsylvania but the 1951 statute as re-enacted on November 10, 1959, was interpreted by Judge Biggs in the Florio decision. The instant cases present a factual situation, certainly as strongly in favor of the present day doing business concept as did the facts in the Florio decision. The re-enacted statute applies to the instant motion because service has been obtained under it. As the court understands it, Thew's method and practices have not been altered or changed since the re-enactment of section 1011, subd. C. The motion will be denied.
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