Pennsylvania Higher Education Assistance Agency v. Devore
Pennsylvania Higher Education Assistance Agency v. Devore
Opinion of the Court
This is an action brought in Dauphin County by the assignee of a note against the obligor. Appellant, the obligor, filed preliminary objections raising the issue of venue which were denied by the court below. This appeal followed.
The facts of the case in the record
An action in assumpsit may only be brought in a county in which (1) the defendant is served, (2) the cause of action arose, or (3) (which is asserted here by PHEAA) “where a transaction of occurrence took place out of which the cause of action arose. Pa.R.Civ.P. 1006(a). “Transaction or occurrence” does not include the performance of any act in the contract formation process but is the ultimate formation of the contract itself. Craig v. W. J. Thiele & Sons, Inc., 395 Pa. 129, 133-34, 149 A.2d 35, 37 (1959). An assignment does not confer upon the assignee any greater right, power, or interest than that possessed by the assignor. Camenisch v. Allen, 158 Pa.Super. 174, 178, 44 A.2d 309, 310 (1945); 6A C.J.S. Assignment § 73.
Here it is apparent from the record that every act in the formation and breach of this contract took place Allegheny County.
Reversed and remanded.
. Initially, we note that appellate jurisdiction is present. Bloom v. Bloom, 238 Pa.Super. 246, 250 n. 3, 362 A.2d 1024, 1026 n. 3 (1976); Daugherty v. Inland Tugs Co., 240 Pa.Super. 527, 529, 359 A.2d 465, 466 (1976); Norman v. Norfolk and Western Ry. Co., 228 Pa.Super. 319, 322 n. 3, 323 A.2d 850, 851 n. 3 (1974).
. All that is before us is appellee’s complaint, appellant’s preliminary objections (verified) and Petition for reconsideration (unverified) and the orders and opinion of the lower court. There was no evidence taken by deposition, hearing, or otherwise. Therefore we must accept as true all the allegations in the complaint as true, plus the verified averments of the appellant to which no responsive pleading was filed.
. In its brief, PHEAA has injected many facts not of record, which were relied upon by the court below, to the effect that it had a substantial role in the process of transacting this loan. “However, we are bound to consider only those facts which are in the record, and may not consider those injected by the briefs of counsel.” In the Interest of Carroll, 260 Pa.Super. 23, 27 n. 4, 393 A.2d 993, 995 n. 4 (1978).
Reference
- Full Case Name
- PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY v. David F. DEVORE
- Cited By
- 15 cases
- Status
- Published