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TRIANGLE PUBLS., INC. v. STANDARD PLASTIC PRODS.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA


February 26, 1965

TRIANGLE PUBLICATIONS, INC.
v.
STANDARD PLASTIC PRODUCTS, INC.

The opinion of the court was delivered by: DUSEN

Defendant seeks an order dismissing the Complaint on the ground that personal jurisdiction cannot be obtained over the defendant and that writs of attachment issued in this case are ineffective.

Plaintiff has been authorized to serve process upon the defendant by serving the Secretary of the Commonwealth pursuant to F.R.Civ.P. 4(e) and 15 P.S. § 2852-1011, subd. B (see order of 2/19/65, being Document 10), and delivered on February 19 such process to the Marshal for transmission to the Secretary of the Commonwealth. Defendant does not object to the procedure followed by plaintiff in making this service and is not relying on the fact that the Complaint and Writ of Summons may not have been actually received by it from the Secretary of the Commonwealth at this time, since defendant concedes that it has received copies of pleadings and other papers in this case at its principal office in New Jersey. However, defendant does object to the effectiveness of any such service of process on the ground that it is not doing business in this Commonwealth within the meaning of the following language of 15 P.S. § 2852-1011, subd. C:

  'C. For the purposes of determining jurisdictions of courts within this Commonwealth, the entry of any corporation into this Commonwealth for the doing of a series of similar acts for the purpose of thereby realizing pecuniary benefit or otherwise accomplishing an object, or doing a single act in this Commonwealth for such purpose, with the intention of thereby initiating a series of such acts, shall constitute 'doing business.' Added 1959, Nov. 10, P.L. 1406, § 1, as amended 1963, Aug. 13, P.L. 703, § 2.'

 The following contacts of the defendant within this Commonwealth require a finding that defendant is subject to the jurisdiction of this court, since it is 'doing business' within the Commonwealth under the above-quoted language of 15 P.S. § 2852-1011, subd. C: 1. Mr. R. E. Robbins, Director of Sales for the Custom Industrial Division of Standard Plastic Products, Inc. n1 In this capacity, he has made the following number of visits to a total of nine customers and potential customers in Pennsylvania since 1/1/62 (N.T. 148-161): 1962 -- 2 visits 1963 -- 5 visits 1964 -- 7 visits 1965 -- 1 visit, as of 2/15/65, when this suit was instituted.

19650226

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