No. 2422 October Term 1978, Appeal from Order of the Court of Common Pleas, Montgomery County, July 17, 1978 at No. 75-18521
Donald A. Semisch, Willow Grove, for appellant.
William A. Duh, Jr., Bethlehem, did not file a brief on behalf of appellee.
Price, Spaeth and Lipez, JJ.
[ 270 Pa. Super. Page 96]
This is an appeal from an order granting appellee's motion for summary judgment.
On June 24, 1975, appellee secured a default judgment against appellant in New Jersey; it brought the present action to enforce the judgment. Appellant's answer to the complaint admitted the default judgment but pleaded in new matter that the New Jersey court had no jurisdiction over it when the default judgment was entered. After discovery, appellee moved for summary judgment, alleging that the depositions established such "contacts between New Jersey and Pennsylvania [as to] require [ ] that Pennsylvania shall give full faith and credit to the New Jersey judgment." Record at 95a. The lower court agreed, and granted the motion.
In Bolinger v. Palmerton Area Com. Endeavor, Inc., 241 Pa. Super. 341, 350, 361 A.2d 676, 680 (1976), we stated:
It is well established that we can sustain a summary judgment only "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to
[ 270 Pa. Super. Page 97]
any material fact and that the moving party is entitled to a judgment as a matter of law." . . . The record must be examined in the light most favorable to the non-moving party. . . . [A] summary judgment should be granted only when the case is clear and free from doubt. (Citations omitted, emphasis in original.)
Examined in this light, the record may be summarized as follows.
Appellant is a real estate developer located in Willow Grove, Montgomery County, Pennsylvania. Appellee is a professional engineering firm located in Maplewood, New Jersey. Appellant had plans to build a housing complex in Upper Moreland Township, Montgomery County. Appellee first learned of appellant's plans when some of its officers interviewed one Richard Nowalk, whom they were considering hiring as the firm's accountant. Nowalk was appellant's accountant, and when he learned that appellee did consulting and planning work, he ...