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PECOT v. RICHARD SIRIANNI (02/26/82)

February 26, 1982

PECOT, INC.
v.
RICHARD SIRIANNI, D/B/A LE BISTRO RESTAURANT, APPELLANT



No. 2301 PHILADELPHIA, 1980, Appeal from an Order of the Court of Common Pleas, Civil Division-Trespass, of Philadelphia County, No. 803 December Term, 1979.

COUNSEL

Nicholas J. Scafidi, Philadelphia, for appellant.

Joan Saltzman, Philadelphia, for appellee.

Hester, Disalle and Montgomery, JJ. DiSalle, J., did not participate in the consideration or review of this case.

Author: Hester

[ 295 Pa. Super. Page 463]

The appellant, Richard Sirianni, is the operator and sole stockholder of Le-Bistro Restaurant in Philadelphia. In 1978, he employed Hugh Zimmers, an architect, for the purpose of designing a glass enclosure for an outdoor patio on the restaurant's premises.

In the Spring of 1978, the appellant met with Putnum Stow, an employee of E.W. Bleecker & Associates. E. W.

[ 295 Pa. Super. Page 464]

Bleecker & Associates had its principal office in Bryn Mawr, Pennsylvania. Shortly after that meeting, a letter agreement was sent by E. W. Bleecker to appellant confirming the terms of their oral agreement for the construction and purchase of a skylight roof system. E. W. Bleecker & Associates were manufacturer's representatives for the appellee, Pecot, Inc.

At the time the appellant signed the letter agreement, he was aware that the appellee was an Oklahoma-based corporation which would manufacture the custom-made skylight roof system.

In June of 1978, the appellant met again with either Bleecker or Stow for the purpose of changing the roof system from tinted to clear glass. A letter dated June 20, 1978 was mailed by the appellee in Oklahoma to the appellant in Pennsylvania confirming the modification. Thereafter, modified shop drawings prepared by the appellee were approved and returned by the appellant's architect on or about July 1, 1978.

The appellant paid only a portion of the purchase price and sued the appellee, Bleecker and Zimmer during the March Term, 1979 in Pennsylvania for the alleged defective design and construction of the roof system. In June, 1979, the appellee filed suit in Oklahoma for the unpaid purchase price, acquired a default judgment for $16,215.50 and subsequently transferred the judgment to Pennsylvania.

On December 21, 1979, the appellant filed a Petition to Strike and/or Open Judgment in the Court of Common Pleas of Philadelphia County on the grounds that the Oklahoma judgment was not entitled to full faith and credit in Pennsylvania due to the fact that the Oklahoma court did not have personal jurisdiction over the appellant. The appellant's petition was denied on September 17, 1980 and the appellant filed the within appeal. The appellee presumably argues that the appellant is subjected to the in personam ...


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