Sarkuni v. AAA Travel Agency

10 Pa. D. & C.4th 6, 1991 Pa. Dist. & Cnty. Dec. LEXIS 322

This text of 10 Pa. D. & C.4th 6 (Sarkuni v. AAA Travel Agency) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sarkuni v. AAA Travel Agency, 10 Pa. D. & C.4th 6, 1991 Pa. Dist. & Cnty. Dec. LEXIS 322 (Pa. Super. Ct. 1991).

Opinion

DOWLING, J.,

In Thomas Hardy’s wonderful novelistic tragedy Tess of the D’Urbervilles, the heroine, plagued by guilt over her shady past, slips a letter to her current lover under his door, in which she confesses the truth about herself. When she sees him again, he is as warm to her as ever, which leads her to believe that he now knows and forgives all. Only later does she discover that when she pushed the envelope under the door, it also passed under the carpet inside the room; so that all of the subsequent statements made by both people were, in fact, predicated upon reciprocal misunderstandings — which ultimately led to tragic consequences.

The current case is an illustration of this same principle — that the mere delivery of a document, in what may seem like a surefire manner, is quite possibly an exercise in futility unless it is handled with an absolute care and attention to all points of possible mistake. Since the matter at bar involves the proper service of process — a procedure for which a number of objective guidelines exist — it is to be hoped that we will be more successful than was poor Tess in plotting the correct route from dispatch to receipt.

On November 16, 1988, plaintiff, Movses J. Sarkuni, filed a complaint against the three named defendants, alleging that he was the victim,of improperly drawn travel plans which forced him to incur unnecessary expenses and difficulties while on a trip around the world in January 1988. A writ of summons was filed on November 4, 1988, followed by a [8]*8complaint on November 16. All of the defendants answered in timely fashion except Qantas, which did not reply. As a consequence of this failure to respond, a default judgment was taken by plaintiff against Qantas on January 10, 1989.

Qantas has moved to have the default judgment opened and/or struck off. It alleges five reasons why this court should adopt this policy:

(1) Qantas contends that the praecipe for entry of judgment failed to take into account the fact that Qantas is a wholly owned subsidiary of the government of Australia; that service of process upon it is thus governed by the Foreign Service Immunities Act, 28 U.S.C. §1608(b); and that it was thus improper for service to be made (as it was) on Moffett B. Roller of the law firm of Condon and Forsyth in Washington, D.C. Although one of Con-don’s partners was or is a registered agent for Qantas, Roller himself was neither an officer nor an agent of the airline.

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Related

LeDonne v. Gulf Air, Inc.
700 F. Supp. 1400 (E.D. Virginia, 1988)
Interiors v. Wall of Fame Management Co.
511 A.2d 761 (Supreme Court of Pennsylvania, 1986)

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Bluebook (online)
10 Pa. D. & C.4th 6, 1991 Pa. Dist. & Cnty. Dec. LEXIS 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sarkuni-v-aaa-travel-agency-pactcompldauphi-1991.