— The preliminary objections in this case attack the service of the complaint by which the action was started. The complaint charges defendant with negligence in an accident in which plaintiff was injured in Chester County, Pa. Suit was started in Philadelphia County and service was made by deputizing the Sheriff of Delaware County who served defendant at its office in that county. Defendant objects that since Philadelphia was not the county in which the accident occurred and since defendant did not do a substantial part of its business in Philadelphia, it could not be served there.
Under the Procedural Rules an action of trespass may be begun either in the county in which an action of assumpsit may be begun or as provided by an act of assembly: Pa. R. C. P. 1042.
Pa. R. C. P. 1006(6) provides that actions of assumpsit against corporations and similar entities may be brought in, and only in, the counties designated in rule 2179.
Pa. R. C. P. 2179 provides in subsection (a) (2) that a corporation may be sued in a county where it regularly conducts business.
We are therefore left with the proposition that even though the accident did not happen in Philadelphia County, suit may be brought here if the corporation regularly conducts business here.
In view of the procedural rules quoted, the argument that deputized service can be made only if the action is brought in the county where the accident occurred falls. Pa. R. C. P. 2179 supersedes any such rule so far as it relates to venue, and Pa. R. C. P. 2180(6), which is a specific authorization to serve by deputy, supersedes any such rule so far as it relates to service.
The preliminary objections are overruled. Defendant is given the right to file an answer to the merits within 20 days.
NOTE.—See Lallone v. Philadelphia Suburban Transportation Co., 61 D. & C. 248.
