college. He was required to live there by the terms of his employment. He moved all his personal property to his New Jersey apartment.
While employed he began to attend classes at Glassboro as a non-matriculated graduate student. He was formally enrolled as a graduate student in January, 1976. His goal is to get a Master's Degree in education and public relations in 1978 and continue to work as an employee of the college as an administrator. His compensation is $4,000 a year plus room and board and he tutors students at $40 per week. (Deposition pp. 4, 6). He works at the college during the summer vacation. The college considers plaintiff to be a resident of New Jersey and charges him the student tuition applicable to a New Jersey resident. His employment at the college has continued to the present.
When he obtains his Master's Degree at Glassboro he desires to work in a college administrative position. He has applied for positions at five New Jersey colleges, two New York colleges, a Vermont college and Slippery Rock State College in Pennsylvania. He has applied to schools in the states mentioned but his focus is on New Jersey, and he intends to reapply to the New Jersey colleges when he obtains his Master's Degree if he has not been hired by one of them at that time.
The plaintiff pays New Jersey state income taxes. The address given on his 1976 Wage and Tax Statement (Plaintiff's Exhibit 1) is Mullica Apartment, Glassboro State College, Glassboro, New Jersey. He is not registered to vote anywhere.
In September, 1975, plaintiff opened two bank accounts in the First National Bank of South Jersey, Glassboro Branch. Plaintiff and his step-grandfather have a joint bank account at McDowell National Bank in Sharon, Pennsylvania. This account was opened after the death of decedent. The original balance was $2,000 and presently is $408. The source of the funds was decedent's social security and veteran benefits. From this account decedent's funeral expenses were paid.
In 1975, plaintiff obtained a Pennsylvania driver's license which expired in September, 1977.
In December, 1976, he purchased a Pontiac sedan in Sharon because his step-grandfather was familiar with Sharon auto dealers and the cars appeared to be less expensive in Sharon than in New Jersey. On January 10, 1977 the New Jersey Division of Motor Vehicles issued to him a Certificate of Ownership of a Motor Vehicle. In March, 1977, he obtained a New Jersey driver's license. The Pennsylvania license has not been renewed. The car is insured through a State Farm agent in New Jersey.
In November, 1975, plaintiff began to attend the Mount Zion Baptist Church in New Jersey and is now a member of that church following baptism. He did not attend any church in Pennsylvania. He has a New Jersey girlfriend to whom he expects to become engaged. He has no girlfriends in Pennsylvania.
Plaintiff's step-grandfather now lives in Ardmore, Pennsylvania for health reasons. Plaintiff visits him every two weeks. He also visits relatives in Farrell two or three times a year. He has about ten friends in Mercer County. Athletic mementos received in high school and college are on display at his prior residence in Sharon. He stated these were gifts to his grandmother. Other mementos are in his New Jersey apartment.
The plaintiff testified he considers New Jersey as his residence and intends to stay there indefinitely. In 1975 he told his cousin Gary Richard Ross that he hoped to make New Jersey his home because he felt opportunities in Sharon were not too plentiful.
In determining change of citizenship or domicile
two elements are necessary. First, an individual must take up residence at the new domicile; and second, he must intend to remain there. Krasnov, supra, 465 F.2d at 1300. This is not to state that the individual must not have the vague contemplation of eventually going elsewhere or even of returning to the state whence he had come, but merely requires that the new state be one's home for an indefinite period of time with an intention to remain. Gallagher v. Philadelphia Transp. Co., 185 F.2d 543 (3rd Cir. 1950); Gordon v. Steele, 376 F. Supp. 575 (W.D.Pa. 1974).
In determining whether a party intended to establish a domicile in a state to which he has moved, the circumstances such as residential quarters, place of business, payment of taxes, motor vehicle registration, church attendance and membership, and his own declaration of domicile are a few of the indicators evidencing domicile and lend some guidance in the determination.
We think the facts unmistakably indicate an intention to abandon the former domicile and adopt a new one. Students or college employees who are required to live in a particular jurisdiction because of the location of the institution in which they are enrolled or employed can establish domicile within that jurisdiction. Johnston v. Cordell National Bank, 421 F.2d 1310 (10th Cir. 1970); Gordon v. Steele, supra ; Wehrle v. Brooks, 269 F. Supp. 785 (W.D.N.C. 1966), aff'd 379 F.2d 288 (4th Cir. 1967).
In light of the totality of the circumstances, it is our opinion that the plaintiff was a citizen of New Jersey at the time he filed this suit. The evidence is sufficient to overcome any presumption in favor of his former Pennsylvania domicile. We conclude this federal court has jurisdiction since the requisite diversity under 28 U.S.C. § 1332 is present.
An appropriate order will be entered.
RABE F. MARSH / United States District Judge