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AUGUST STEFANICK AND SHIRLEY STEFANICK v. STANLEY S. MINUCCI AND LAVERNE E. MINUCCI (03/18/75)

SUPREME COURT OF PENNSYLVANIA


decided: March 18, 1975.

AUGUST STEFANICK AND SHIRLEY STEFANICK, HIS WIFE,
v.
STANLEY S. MINUCCI AND LAVERNE E. MINUCCI, HIS WIFE, APPELLANTS

COUNSEL

Arnold M. Friedman, Edward B. Friedman, Pittsburgh, for appellants.

Samuel J. Goldstein, Pittsburgh, for appellees.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Per Curiam

[ 460 Pa. Page 575]

OPINION OF THE COURT

Appellees, as vendees in a written contract for the sale and purchase of real estate in Washington County, Pennsylvania, brought this action in equity in Allegheny County against the appellants, as vendors, for specific performance of the contract, as allegedly modified by oral agreement and actions of the parties. Appellants filed preliminary objections in which they alleged that since the complaint averred that the appellees were in possession of the premises and that they were being threatened with eviction proceedings by the appellants, the cause of action was one involving title to the property and the appellees' proper remedy was an action to quiet title under Pa.R.C.P. 1061 et seq., 12 P.S. Appendix. On the premise that the suit was in effect a quiet title action, appellants asserted that venue was in

[ 460 Pa. Page 576]

Washington County, where the real estate is situated. See Pa.R.C.P. 1062. The trial court dismissed the preliminary objections, and this appeal followed.*fn1

From our review of the briefs and record we are satisfied that the action is one in personam to compel specific performance of an agreement for the sale of real property, and not one in rem to quiet title.*fn2 Accordingly, venue is not restricted to the county in which the property is situated but lies in any county in which the defendant may be served. See Pa.R.C.P. 1503(a). We therefore affirm the decree of the chancellor dismissing appellants' preliminary objections. Costs on appellants.


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