J-A02014-17
NON -PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
PULTEGROUP, INC. A /K /A PULTE HOMES, IN THE SUPERIOR COURT OF
INC. PENNSYLVANIA
V.
PATRICK MCDERMOTT PLASTERING, LLC
AND NASSAU CONSTRUCTION CO., LLC
V.
PAUL MCMENENY, DAVID GAHAN,
AMERICA CONSTRUCTION, BASTOS -
GOMES CONSTRUCTION, DEREK
CARPENTRY, JGMG CONSTRUCTION,
JOSE NOVIO CONSTRUCTION, JRV
CONSTRUCTION, JULIO SALES T/A JULIO
CONSTRUCTION, ACS CARPENTRY, INC.,
BOLA ELITE CONSTRUCTION, INC., DSD
CARPENTRY, INC., EF CARPENTRY, INC.,
IRON CONSTRUCTION, INC., PATOS
CONSTRUCTION CORP., AND VENTURA'S
CARPENTRY, INC.
APPEAL OF: ACS CARPENTRY, INC.
Appellant No. 2228 EDA 2015
Appeal from the Order Dated June 15, 2015
In the Court of Common Pleas of Bucks County
Civil Division at No(s): 2010 -08958
PULTEGROUP, INC. A /K /A PULTE HOMES, IN THE SUPERIOR COURT OF
INC. PENNSYLVANIA
V.
PATRICK MCDERMOTT PLASTERING, LLC
AND NASSAU CONSTRUCTION CO., LLC.
J-A02014-17
v.
PAUL MCMENENY, DAVID GAHAN,
AMERICA CONSTRUCTION, BASTOS -
GOMES CONSTRUCTION, DEREK
CARPENTRY, JGMG CONSTRUCTION,
JOSE NOVIO CONSTRUCTION, JRV
CONSTRUCTION, JULIO SALES T/A JULIO
CONSTRUCTION, ACS CARPENTRY, INC.,
BOLA ELITE CONSTRUCTION, INC., DSD
CARPENTRY, INC., EF CARPENTRY, INC.,
IRON CONSTRUCTION, INC., PATOS
CONSTRUCTION CORP., AND VENTURA'S
CARPENTRY, INC.
APPEAL OF: IRON CONSTRUCTION, INC.
No. 2229 EDA 2015
Appeal from the Order Dated June 15, 2015
In the Court of Common Pleas of Bucks County
Civil Division at No(s): 2010 -08958
PULTEGROUP, INC. A /K /A PULTE HOMES, IN THE SUPERIOR COURT OF
INC. PENNSYLVANIA
V.
PATRICK MCDERMOTT PLASTERING, LLC
AND NASSAU CONSTRUCTION CO., LLC.
V.
PAUL MCMENENY, DAVID GAHAN,
AMERICA CONSTRUCTION, BASTOS -
GOMES CONSTRUCTION, DEREK
CARPENTRY, JGMG CONSTRUCTION,
JOSE NOVIO CONSTRUCTION, JRV
CONSTRUCTION, JULIO SALES T/A JULIO
CONSTRUCTION, ACS CARPENTRY, INC.,
BOLA ELITE CONSTRUCTION, INC., DSD
CARPENTRY, INC., EF CARPENTRY, INC.,
IRON CONSTRUCTION, INC., PATOS
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J-A02014-17
CONSTRUCTION CORP., AND VENTURA'S
CARPENTRY, INC.
APPEAL OF: BASTOS -GOMES
CONSTRUCTION CO., INC.
Appellant No. 2230 EDA 2015
Appeal from the Order Dated June 15, 2015
In the Court of Common Pleas of Bucks County
Civil Division at No(s): 2010 -08958
PULTEGROUP, INC. A /K /A PULTE HOMES, IN THE SUPERIOR COURT OF
INC. PENNSYLVANIA
V.
PATRICK MCDERMOTT PLASTERING, LLC
AND NASSAU CONSTRUCTION CO., LLC.
V.
PAUL MCMENENY, DAVID GAHAN,
AMERICA CONSTRUCTION, BASTOS -
GOMES CONSTRUCTION, DEREK
CARPENTRY, JGMG CONSTRUCTION,
JOSE NOVIO CONSTRUCTION, JRV
CONSTRUCTION, JULIO SALES T/A JULIO
CONSTRUCTION, ACS CARPENTRY, INC.,
BOLA ELITE CONSTRUCTION, INC., DSD
CARPENTRY, INC., EF CARPENTRY, INC.,
IRON CONSTRUCTION, INC., PATOS
CONSTRUCTION CORP., AND VENTURA'S
CARPENTRY, INC.
APPEAL OF: BOLA ELITE
CONSTRUCTION, INC.
No. 2231 EDA 2015
Appeal from the Order Dated June 15, 2015
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J-A02014-17
In the Court of Common Pleas of Bucks County
Civil Division at No(s): 2010 -08958
PULTEGROUP, INC. A /K /A PULTE HOMES, IN THE SUPERIOR COURT OF
INC. PENNSYLVANIA
V.
PATRICK MCDERMOTT PLASTERING, LLC
AND NASSAU CONSTRUCTION CO., LLC.
V.
PAUL MCMENENY, DAVID GAHAN,
AMERICA CONSTRUCTION, BASTOS -
GOMES CONSTRUCTION, DEREK
CARPENTRY, JGMG CONSTRUCTION,
JOSE NOVIO CONSTRUCTION, JRV
CONSTRUCTION, JULIO SALES T/A JULIO
CONSTRUCTION, ACS CARPENTRY, INC.,
BOLA ELITE CONSTRUCTION, INC., DSD
CARPENTRY, INC., EF CARPENTRY, INC.,
IRON CONSTRUCTION, INC., PATOS
CONSTRUCTION CORP., AND VENTURA'S
CARPENTRY, INC.
APPEAL OF: DSD CARPENTRY, INC.
No. 2232 EDA 2015
Appeal from the Order Dated June 15, 2015
In the Court of Common Pleas of Bucks County
Civil Division at No(s): 2010 -08958
BEFORE: OTT, J., RANSOM, J., and FITZGERALD, J.*
JUDGMENT ORDER BY OTT, J.: Filed January 17, 2017
* Former Justice specially assigned to the Superior Court.
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Appellants, ACS Carpentry, Inc., Bastos -Gomes Construction Co., Bola
Elite Construction Co., Inc., DSD Carpentry, Inc., and Iron Construction,
Inc., appeal from the order entered on June 15, 2015, in the Court of
Common Pleas of Bucks County, granting the petitions for alternative service
of Nassau Construction Co., LLC. Because this appeal, prior to any service
and only as to the order granting alternative service, is taken from a non -
appealable order, we quash the appeal and remand this matter to the trial
court for further proceedings.
Appellants, jointly represented by the law firm of Rawle and
Henderson, are essentially challenging the form of service of original
process. By extension, they are challenging the court's personal jurisdiction.
In this appeal, they assert that the order in question is an appealable
collateral order. After a thorough review of the brief submitted by the
parties, the certified record, and relevant law, we are constrained to
disagree.
A collateral order is defined by the Pennsylvania Rules of Appellate
Procedure as:
[A]n order separable from and collateral to the main cause of
action where the right involved is too important to be denied
review and the question presented is such that if review is
postponed until final judgment in the case, the claim will be
irreparably lost.
Pa.R.A.P. 313(b). Additionally, the collateral order doctrine is to be
construed narrowly. See generally In re Estate of Stricker, 977 A.2d
1115 (Pa. 2009).
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The Pennsylvania Rules of Civil Procedure provide that the proper
method of challenging personal jurisdiction and /or form or service of original
process is by preliminary objection. See Pa.R.C.P. 1028(a)(1).1 The
Pennsylvania Rules of Appellate Procedure provide for interlocutory appeals
as of right from an order sustaining personal jurisdiction. See Pa.R.A.P.
311(b). Accordingly, if a party is aggrieved by the denial of preliminary
objections challenging personal jurisdiction or form or service, there is an
avenue to challenge that decision prior to entry of a final judgment.
Because Appellants' right to challenge the grant of alternative service and
the courts' exercise of personal jurisdiction are preserved through Pa.R.C.P.
1028(a)(1) and Pa.R.A.P. 311(b), those rights have not been postponed until
final judgment. Therefore, the order at issue is not an immediately
appealable collateral order. Accordingly, we quash this appeal.
Appeal quashed. This matter is remanded to the Court of Common
Pleas of Bucks County. Jurisdiction relinquished.
1 "Preliminary objections may be filed by any party to any pleading and are
limited to the following grounds: (1) lack of jurisdiction over the subject
matter of the action or the person of the defendant, improper venue, or
improper form or service of a writ, summons or complaint."
Pa.R.C.P. 1028(a)(1).
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Judgment Entered.
J seph D. Seletyn,
Prothonotary
Date: 1/17/2017
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