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07/20/94 DOUGLAS THUMM v. P.M. MOORE COMPANY

SUPREME COURT OF PENNSYLVANIA


July 20, 1994

DOUGLAS THUMM
v.
P.M. MOORE COMPANY, A PENNSYLVANIA CORPORATION, AND HARDWARE WHOLESALERS, INC., AN INDIANA CORPORATION, AND GEORGIA PACIFIC CORPORATION, A GEORGIA CORPORATION, AND JOHN DOE MANUFACTURING COMPANY, AN UNIDENTIFIED ENTITY, RESPONDENTS V. KABUL, LTD. PETITIONER

Petition for Allowance of Appeal from the Order of the Superior Court entered on September 21, 1993 at No. 1477 Order of the Court of Common Pittsburgh 1992, affirming the Pleas of Beaver County, Civil Division, No. 1128-1990, entered on June 23, 1992.

Original Opinion of September 21, 1993, Reported at:

ORDER

PER CURIAM

The Petition for Allowance of Appeal is GRANTED. The Order of the Superior Court is vacated. The June 23, 1992, Order of the Court of Common Pleas of Beaver County, dismissing the Petitioner's Preliminary Objection as to service of process, is vacated. The case is remanded to the Common Pleas Court for findings of fact and decision consistent with Botwinick v. Credit Exchange, Inc., 419 Pa. 65, 213 A.2d 349 (1965) and Sharp v. Valley Forge Medical Center and Heart Hospital, 422 Pa. 124, 221 A.2d 185 (1966).

Jurisdiction relinquished.

Mr. Justice Montemuro is sitting by designation as Senior Justice pursuant to Judicial Assignment Docket No. 94 R1801, due to the unavailability of Mr. Justice Larsen, see No. 127 Judicial Administration Docket No. 1, filed October 28, 1993.

19940720

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