Appeal from the Order of the Court of Common Pleas of Dauphin County in case of Pennsylvania Higher Education Assistance Agency v. Alma J. and John J. Christon.
Stephen R. Krone, with him James P. O'Connell, for appellant.
John D. Killian, with him Killian & Gephart, for appellee.
Judges Wilkinson, Jr., Mencer and DiSalle, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.
[ 42 Pa. Commw. Page 166]
This is an appeal by Alma Christon (debtor) from an Order of the Dauphin County Court of Common Pleas which dismissed her Preliminary Objection to Venue in an assumpsit action brought against her by appellee, Pennsylvania Higher Education Assistance Agency (PHEAA). We affirm.
Debtor entered into a loan agreement with PHEAA, a public corporation and governmental entity created to aid students in meeting higher education costs by guaranteeing bank loans. Its principal offices are located in Dauphin County. The Western Pennsylvania National Bank's (WPNB) principal offices are in Beaver County. WPNB, the lending institution made the loan to debtor, after the loan had been guaranteed by PHEAA on application by debtor. Debtor has at all times been a resident of Beaver County.
Debtor became delinquent and was declared to be in default. Thereafter PHEAA, as guarantor responded to its guantee of the loan and received an assignment of the debtor's promissory note. PHEAA filed suit in Dauphin County on the note.
Pa. R.C.P. No. 1006(a) provides:
(a) Except as otherwise provided by Subdivisions (b) and (c) of this rule, an action against an individual may be brought in and only in a county in which he may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the
[ 42 Pa. Commw. Page 167]
cause of action arose or in any other county authorized by law.
Debtor asserts that since she is a Beaver County resident and the loan was from a Beaver County bank the Dauphin County venue does not lie because the cause of action did not arise there, nor was there any transaction or occurrence in Dauphin ...