SORG, Chief Judge.
The plaintiff, Suzanne Snaith McDaniel, a citizen of Pennsylvania, seeks compensatory and punitive damages against Kay A. Joseph, a citizen and resident of Ohio, alleging that the defendant has engaged in a meretricious relationship with her husband, Norwood A. McDaniel, in the States of Ohio and West Virginia and in the Commonwealth of Pennsylvania. The plaintiff invokes diversity jurisdiction under 28 U.S.C.A. § 1332 and, relying on 42 Pa.Consol.Stat.Ann. § 8305 (Supp. 1975),
has served the defendant through the Secretary of the Commonwealth of Pennsylvania, pursuant to Rule 4(e) of the Federal Rules of Civil Procedure.
The defendant has moved to dismiss on jurisdictional grounds. At argument on the motion, plaintiff conceded that the conduct giving rise to this action occurred in states other than Pennsylvania, the allegations of her complaint notwithstanding. Hence, her reliance on § 8305 of the Pennsylvania statute. The motion will be granted.
A service of process statute cannot confer in personam jurisdiction which would contravene the due process standard enunciated in International Shoe v. Washington, 326 U.S. 310, 66 S. Ct. 154, 90 L. Ed. 95 (1945), and its progeny, Perkins v. Benguet Consolidated Mining Co., 342 U.S. 437, 72 S. Ct. 413, 96 L. Ed. 485 (1952), McGee v. International Life Insurance Co., 355 U.S. 220, 78 S. Ct. 199, 2 L. Ed. 2d 223 (1957), Hanson v. Denckla, 357 U.S. 235, 78 S. Ct. 1228, 2 L. Ed. 2d 1283 (1958):
". . . due process requires only that in order to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimal contacts with it such that the maintenance of the suit does not offend 'traditional notions of fair play and substantial justice.'" [citations omitted].