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MARION R. KIESER v. LIT BROTHERS (01/18/80)

filed: January 18, 1980.

MARION R. KIESER
v.
LIT BROTHERS, DIVISION OF CITY STORES, INC., AND CHARLES KOMAR AND SONS, INC., AND COLLINS AND AIKMAN CORP., STERLING LACES, INC., LADY CAROL LACES, INC., AND IMPERIAL BEST MADE QUILTING CORP. APPEAL OF IMPERIAL BEST MADE QUILTING CORP.



No. 2704 October Term, 1978, Appeal from Order of the Court of Common Pleas of Berks County, Civil Action--Law, No. 27 January Term, 1976.

COUNSEL

David M. Kozloff, Wyomissing, for appellant.

David E. Turner, Reading, for Collins and Aikman Corp., Sterling Laces, Inc., Lady Carol Laces, Inc., appellees.

Kenneth E. Sands, Jr., Reading, will not file a brief on behalf of Lit Brothers, Division of City Stores, Inc. and Charles Komar and Sons, Inc., appellees.

Hester, Hoffman and Catania,*fn* JJ.

Author: Hester

[ 275 Pa. Super. Page 509]

This is an appeal from an order of the Court of Common Pleas of Berks County, dismissing preliminary objections raised by appellant.

[ 275 Pa. Super. Page 510]

Marion R. Kieser initiated an action in trespass and assumpsit against Lit Brothers and Charles Komar and Sons, Inc. The complaint alleged that a robe purchased from Lit Brothers and manufactured by Komar ignited and caused Ms. Kieser severe burns when a pack of matches she was using accidently burst into flame and fell on to the robe.

Komar, Inc. joined Collins and Aikman Corp. alleging that Collins had supplied the fabric used in the manufacture of the robe. In turn, Collins and Aikman joined Imperial Best Made Quilting Corp. (appellant herein) asserting that they performed quilting operations on the fabric.

Appellant, when joined, filed preliminary objections asserting the court lacked jurisdiction over it. The lower court overruled the objections and this appeal followed.

Appellant asserts that its contacts with Pennsylvania are insufficient to permit Pennsylvania courts to exercise in personam jurisdiction over it without violating due process.

Under § 8302 of the Pennsylvania Long Arm Statute, Act of November 15, 1972, P.L. 1063, No. 271, 42 Pa.C.S. § 8301 et seq.: (substantially reenacted in the Judicial Code, 42 Pa.C.S. §§ 5301-5308, 5322) a foreign corporation which "does business" within the Commonwealth shall be presumed to have authorized the Department ...


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