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NICOLOSI v. FITTIN (04/23/69)

SUPREME COURT OF PENNSYLVANIA


decided: April 23, 1969.

NICOLOSI, APPELLANT,
v.
FITTIN

Appeal from order of Court of Common Pleas of Montgomery County, No. 66-11520, in case of Augustine Nicolosi v. Thomas F. Fittin.

COUNSEL

Bernard J. McLafferty, with him Huganir, Butera, Detweiler and Butera, for appellant.

William H. Kinkead, III, with him Wright, Spencer, Manning & Sagendorph, for appellee.

Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Opinion by Mr. Justice Cohen. Mr. Justice Roberts concurs in the result.

Author: Cohen

[ 434 Pa. Page 134]

This is an action arising out of an automobile accident which occurred in Chester County. Suit was brought by plaintiff in Montgomery County and service of process on the defendant was attempted by serving the Secretary of the Commonwealth pursuant to the provisions of the Nonresident Motorists Act, November 10, 1959, P. L. 1459, § 1, 75 P.S. § 2001, reflected in Pa. R. C. P. 2077 and 2079. Defendant filed preliminary objections to jurisdiction of the person on the sole ground that Montgomery County was not the "cause of action" county and that service on the Secretary of the Commonwealth was therefore unauthorized.

[ 434 Pa. Page 135]

    plaintiff can properly bring defendant on the record, the action may be pursued.*fn1 Accordingly, we modify the lower court's order.

Order modified and as modified affirmed.

Disposition

Order modified and affirmed.


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