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MILLER v. KIAMESHA-CONCORD (03/22/66)

decided: March 22, 1966.

MILLER
v.
KIAMESHA-CONCORD, INC., APPELLANT. DOLINE V. CONCORD, APPELLANT



Appeals from orders of Court of Common Pleas No. 5 of Philadelphia County, March T., 1963, No. 3343, and March T., 1964, No. 3457, in cases of Mary Miller v. Kiamesha-Concord, Inc.; and Louis Doline and Mary Doline, his wife v. The Concord, also known as Concord Hotel of Kiamesha Lake.

COUNSEL

Stanley F. Mankas, with him Bellwoar, Rich & Mankas, for appellants.

Jay Meyers, with him Paul M. Goldstein, for appellees.

Malvin L. Skaroff, with him Skaroff and Skaroff, for appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice O'Brien. Mr. Justice Eagen concurs in the result. Mr. Justice Musmanno dissents.

Author: O'brien

[ 420 Pa. Page 605]

In June of 1962 and May of 1963, Mary Miller and Mary Doline were, respectively, guests at the resort hotel operated by appellant at Kiamesha Lake, New York. Each suffered personal injuries allegedly resulting from the negligence of appellant, and each filed an action of trespass seeking damages for the injuries suffered, with Louis Doline joining in his wife's action to recover his damages.

In each case, suit was commenced by the filing of a complaint and service thereof by the Sheriff on one Lillian Sternman at her residence, 6243 N. 12th Street, Philadelphia, Pennsylvania. Such service was made under Rule 2180 of the Pennsylvania Rules of Civil Procedure, apparently based on the fact that Lillian Sternman's residence was an office or place of business of appellant and that Lillian Sternman was at that time appellant's agent or person in charge of the office,

[ 420 Pa. Page 606]

    or that she was an agent authorized by appointment to receive service of process.*fn*

In each case, appellant filed preliminary objections, raising a question of jurisdiction, averring that service was made on a person not authorized to accept service on its behalf; that it maintains no office in the Commonwealth of Pennsylvania; and that it is a New York Corporation not doing business in the Commonwealth of Pennsylvania.

The preliminary objections were heard together by the court below and overruled. These appeals followed.

Appellant is a business corporation organized under the laws of the State of New York and is not registered as a foreign corporation doing business in the Commonwealth of Pennsylvania. Appellant's business consists solely of operating a hotel and resort facility situate at Kiamesha Lake, New York. Lillian Sternman, living at 6243 N. 12th Street, Philadelphia, Pennsylvania, has been serving the appellant in the form of, as she puts it, a "missionary method" with various travel agencies, attempting to create good will and familiarize them with the facilities available, to encourage them to recommend appellant's hotel to their clients, and in accepting reservations, herself, for appellant's hotel. Mrs. Sternman has always operated out of her home, which is owned jointly with her husband. The appellant owns no part of the property, has no furniture there, pays no rent, nor does it have its name listed or shown on any part ...


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