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FREIDA B. GRIER v. SCIENTIFIC LIVING (04/13/78)

decided: April 13, 1978.

FREIDA B. GRIER, APPELLEE,
v.
SCIENTIFIC LIVING, INC., WILLIAM BRADICAN, RECEIVER OF SCIENTIFIC LIVING, INC., CORNELL HOHENSEE AND MRS. CORNELL HOHENSEE. APPEAL OF MR. AND MRS. CORNELL HOHENSEE



COUNSEL

Cornell Hohensee, appellant, in propria persona.

Robert P. Browning, Scranton, for appellee, Freida B. Grier.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Watkins, former President Judge, did not participate in the consideration or decision of this case.

Author: Jacobs

[ 253 Pa. Super. Page 114]

Appellants Mr. and Mrs. Cornell Hohensee appeal from an order of the lower court dismissing their preliminary objections

[ 253 Pa. Super. Page 115]

    to appellee's complaint. We hold that we do not have jurisdiction to decide this case and quash the appeal.*fn1

Appellee filed a two count complaint seeking specific performance and restitution on a written contract for the sale of land located in Lackawanna County. Defendant Scientific Living, Inc. has its principal place of business in Lackawanna County and Defendant William Bradican resides in that county. Appellants Hohensees reside in Virginia and service of process was allegedly effected on them there.

The Hohensees appeared de bene esse and filed preliminary objections challenging the jurisdiction of the Lackawanna Court of Common Pleas over the subject matter and over their persons. The court scheduled argument on the preliminary objections for October 5, 1976. Although appellants allege that they mailed a brief in support of their objections to the Court on September 30, 1976, the brief was not entered before the date of argument. On October 5, the Court entered an order which read:

[T]he Preliminary Objections filed by [the Hohensees], having come on for argument on the regularly scheduled Argument List of this Court, and the said Defendants having failed to appear in person or by counsel to prosecute the same, the said Preliminary Objections shall be and are hereby dismissed. . . . [Emphasis added.]

Appellants have brought this appeal alleging jurisdiction pursuant to Pa.R.A.P. 311, Interlocutory Appeals as of Right, Pa.R.C.P. 1451(b)(7), and the Act of 1925, making preliminary determinations concerning questions of subject matter or personal jurisdiction appealable as if they were final decisions.

The Act of 1925 provides

Wherever in any proceeding at law or in equity the question of jurisdiction over the defendant or of the cause of action for which suit ...


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