may be effected by delivering a copy of the complaint by registered mail to the Secretary of the Commonwealth and to the defendant at its principal place of business or last known address. A copy of the complaint was delivered by registered mail to the Secretary and to the offices of Mainman in New York. A copy of the complaint also was sent by registered mail to Bowie at 9465 Wilshire Blvd., Beverly Hills, California, where it was refused.
On March 4, 1976, Defendant Mainman, by Petition, caused Suit #2 to be removed to this court at Civil Action No. 76-292. Defendant Bowie was not a party to that petition.
Plaintiff took a default judgment against Bowie in Suit #2 in the Court of Common Pleas of Allegheny County, and filed an affidavit of default and caused a default judgment to be entered against Bowie in this court on March 25, 1976. Notice of the default judgment was mailed to Bowie at the 9465 Wilshire Blvd. address, where it was forwarded to Bowie's California attorney at 10850 Wilshire Blvd.
On April 26, 1976, defendant Bowie filed in this court a motion to strike the entry of the default judgment and submitted an affidavit signed by Bowie's California attorney, to the effect that 9465 Wilshire Blvd. was not the residence or business address of either Bowie or Bowie's attorney. On May 21, 1976, plaintiff filed an answer to the motion to strike entry of the default, alleging that Bowie had failed to join in the removal to federal court and averring that Bowie was in fact served at his last known address as required by Pennsylvania law.
On June 24, 1976, Bowie filed a consent to the removal from the Court of Common Pleas. On the same day, June 24, defendants Mainman and Bowie filed a motion for preliminary and permanent injunctions to prevent the plaintiff from proceeding on the judgment in state court and for assessments of costs pursuant to the 28 U.S.C. § 1927. A hearing on these motions was held on June 24; after oral argument, the disposition of the motions was stayed pending the filing of briefs addressing the jurisdiction issue.
Before considering the defendants' motions for preliminary and permanent injunctions, two questions must be answered: (1) was this case properly removed from the state court to the federal court? (2) did the state court have jurisdiction over the parties in the first place? If the state court lacked jurisdiction over him in the first place, this court has acquired no jurisdiction over Bowie by removal. Freeman v. Bee Machine Co., 319 U.S. 448, 63 S. Ct. 1146, 87 L. Ed. 1509 (1943) as cited in Rockwell v. United States Fidelity and Guaranty Co., 137 F. Supp. 317 (M.D. Pa. 1955).
The procedure to remove a case from a state court to the federal court is set forth in 28 U.S.C. § 1446, which reads in Part:
"(a) A defendant or defendants desiring to remove any civil action or criminal prosecution from a State court shall file in the district court of the United States for the district and division within which such action is pending a verified petition containing a short and plain statement of the facts which entitle him or them to removal together with a copy of all process, pleadings and orders served upon him or them in such action.