Olivetti Corp. of America v. Silia Property, Inc.

467 A.2d 321, 502 Pa. 538, 1983 Pa. LEXIS 713

Opinions

ORDER

PER CURIAM.

The petition for allowance of appeal is granted.

The due process requirement that a good faith effort to locate a defendant who conceals his whereabouts must be shown before substituted service on him is allowed has been amply established on the record. Indeed, the trial court has found that defendant did in fact conceal his whereabouts. Under such circumstances a dismissal for failure to obtain jurisdiction over his person because the notice asking the sheriff to make substituted service did not set forth a good faith effort to locate defendant would exalt form over substance.

The order of the Superior Court, 460 A.2d 861, is reversed and the record is remanded to the Court of Common Pleas of Allegheny County for further proceedings consistent with this order.

NIX, J., files a concurring opinion. ZAPPALA, J., files a dissenting opinion.