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JOHN LOCKMONIC v. ROCHESTER & PITTSBURGH COAL COMPANY (01/21/83)

filed: January 21, 1983.

JOHN LOCKMONIC, APPELLANT
v.
ROCHESTER & PITTSBURGH COAL COMPANY



NO. 684 PITTSBURGH, 1981, Appeal from the Order of June 17, 1981 in the Court of Common Pleas of Allegheny County, Civil Action, at No. G.D. 80-26775

COUNSEL

Kenneth Behrend, Pittsburgh, for appellant.

Fred W. Dunton, Pittsburgh, for appellee.

Rowley, Beck and Montemuro, JJ.

Author: Beck

[ 309 Pa. Super. Page 312]

Appellant John Lockmonic appeals the order of the Court of Common Pleas, Allegheny County, which sustained without a hearing appellee Rochester and Pittsburgh Coal Company's (R. & P.) preliminary objections to venue in Allegheny County and which transferred the case to Indiana County.

[ 309 Pa. Super. Page 313]

Our Court has jurisdiction by Pa.R. Appellate P. 311(c), which grants interlocutory appeal as of right from an order changing venue and transferring matter to another court of coordinate jurisdiction.

This suit began as an action on Lockmonic's part against R. & P. for wrongful discharge from employment. Lockmonic is also suing in defamation, deprivation of civil rights under 42 U.S.C. ยง 1983, and breach of implied contract. In his complaint, Lockmonic asserts that R. & P. is a Pennsylvania corporation, and that "Defendant has an office at 1166 South Negley Avenue, Pittsburgh, Pennsylvania . . . and the Oliver Building, Pittsburgh, Pennsylvania" both of which addresses are in Allegheny County. The defendant was successfully served at the Negley Avenue address, as well as its principal place of business in Indiana County. It was unsuccessfully served at the Oliver Building address, where the sheriff attempted to serve the person in charge of the United Eastern Coal Sales, "a subsidiary corporation" (R. 2).

Pa.R.C.P. 2179 states:

(a) Except as otherwise provided by an Act of Assembly or by subdivision (b) of this rule, a personal action against a corporation or similar entity may be brought in and only in

(1) the county where its registered office or principal place of ...


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