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ROBERT J. TRIFFIN v. JOHN J. TURNER (11/29/85)

filed: November 29, 1985.

ROBERT J. TRIFFIN, T/A GENERAL FUNDING, APPELLANT,
v.
JOHN J. TURNER, IND. & T/A "JOHNNIE'S & HARRIE'S TEXACO" A/K/A "JOHNNIE'S TEXACO" AND HARRY FOOSE, JR., IND. & T/A "JOHNNIE'S & HARRIE'S TEXACO" A/K/A "JOHNNIE'S TEXACO", APPELLEES



Appeal from Order of the Court of Common Pleas, Civil Division, of Philadelphia County, No. 314 June Term, 1984.

COUNSEL

Robert J. Triffin, in propria persona.

Wieand, Cirillo and Roberts, JJ.

Author: Wieand

[ 348 Pa. Super. Page 7]

Robert J. Triffin, trading as "General Funding," purchased an account owed by John J. Turner and Harry Foose, Jr., trading as "Johnnie's and Harrie's Texaco," to Cintas Corporation for uniform rentals. Triffin's place of business is in Philadelphia; Turner and Foose operate a service station in Bucks County. Triffin commenced an action in Philadelphia County to recover an unpaid balance allegedly in the amount of $6,097.43. Service of the complaint was made by deputizing the sheriff of Bucks County.

[ 348 Pa. Super. Page 8]

The defendants filed preliminary objections challenging venue. On September 24, 1984, the court in Philadelphia transferred the complaint to Bucks County. A motion for reconsideration was denied, and Triffin appealed.*fn1

Venue in an action against a partnership is governed by Pa.R.C.P. 2130(a), which provides as follows:

Rule 2130. Venue

(a) Except as otherwise provided by subdivision (c) of this rule, an action against a partnership may be brought in and only in a county where the partnership regularly conducts business, or in the county where the cause of action arose or in a county where a transaction or occurrence took place out of which the cause of action arose.

Improper venue must be raised by preliminary objection. "If a preliminary objection is sustained and there is a county of proper venue within the State the action shall not be dismissed but shall be transferred to the appropriate court of that county." Pa.R.C.P. 1006(e).

In the instant case, the defendant partners regularly conducted business in Bucks County, and it was there that they were served. The plaintiff's assignor, which allegedly had agreed to furnish uniforms to defendants for a rental or service charge, maintained a place of business in Philadelphia County, where the uniforms had been cleaned and maintained and from which new uniforms had been supplied. The averments of the complaint, moreover, were that the written uniform rental agreement had been entered in Philadelphia.*fn2 Finally, "the rule is universal in the absence of agreement to the ...


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