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DEERE v. ZILBER (04/22/75)

decided: April 22, 1975.

DEERE, ET AL., APPELLANTS,
v.
ZILBER, ET AL.



Appeal from order of Court of Common Pleas of Butler County, June T., 1973, No. 194, in case of Alan Deere and John W. Koose t/d/b/a Suncrest Golf Club v. Norman A. Zilber, individually and t/d/b/a Viking Sauna Company, a partnership.

COUNSEL

Joseph B. Bagley, with him Bagley, Weaver, Sydor & Heck, for appellants.

R. Garrett, with him Theodore E. Breault, and Egler, McGregor & Reinstadtler, for appellees.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Price, J. Jacobs, J., concurs in the result.

Author: Price

[ 234 Pa. Super. Page 275]

This is an appeal from an order of court dated November 7, 1973, sustaining appellee's preliminary objections in the nature of a Motion to Quash Service of Process through the Secretary of the Commonwealth, which challenges the jurisdiction of the court.

The appellee, Viking Sauna Company, was a general partnership organized and operating under the laws of the State of California. Norman Zilber was an individual residing in the State of California. The appellants, Alan Deere and John W. Koose, were doing business as a general partnership (Suncrest Golf Club) in the Commonwealth of Pennsylvania.

On or about January 11, 1970, a fire occurred at the premises of the Suncrest Golf Club and seriously damaged the clubhouse facilities. The fire began in a sauna unit manufactured by the appellee, and distributed to its licensee, Viking Sauna of Pennsylvania, who sold the unit to the appellants on or about January 18, 1966.

On May 11, 1973, the appellants filed a Complaint in Trespass against the appellees in the Court of Common Pleas of Butler County, Pennsylvania. Service of process on Norman Zilber was effectuated via Rules 2076-2100 of the Pennsylvania Rules of Civil Procedure. The Viking Sauna Company was served pursuant to the Pennsylvania Long-Arm Statute, Act of Nov. 15, 1972, P.L. 1063, No. 271, § 8301 (42 Pa.C.S. § 8301) et seq. On May 11, 1973, a certified copy of the Complaint was sent by certified mail to the Secretary of the Commonwealth of Pennsylvania and receipt was returned signed on May 16, 1973. On May 18, 1973, copies of the Complaint were served on the appellees through certified mail and signed receipts were returned on the 21st and 23rd of May.

On June 29, 1973, the appellees filed preliminary objections in the nature of a Motion to Quash Service of Process through the Secretary of the Commonwealth. These objections were sustained and service of process

[ 234 Pa. Super. Page 276]

    was quashed by the lower court on November 7, 1973. The lower court based its decision on its belief that the Long-Arm Statute did not apply.

Since we find the service of process to be proper, the Order of November 7, 1973, must be reversed and we will permit the service of ...


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