to defendant's activities in Pennsylvania, we consider only those forum contacts initiated by the defendant. "It would be unfair . . . to subject a defendant to suit not because of what it did but because of what someone else did." Union National Bank, 284 Pa. Super. at 542, 426 A.2d at 627.
Pennsylvania Lions clubs provide considerable support to Leader Dogs by financial contributions and sponsorship of Pennsylvania recipients of leader dog training. While such forum contacts may be initiated by third parties rather than by the defendant, see, Union National Bank, supra, other contacts with Lions clubs have been initiated by defendant. Specifically, Leader Dogs entertains Lions Club officials at its Michigan facility, provides speakers and information to Lions Club chapters, sends Lions Club sponsors copies of correspondence with applicants, and relies on Lions Club sponsors to assist in returning dogs to Michigan. Defendant acknowledges that its relationship with Lions clubs is continuous, see Defendant's Answers, supra, No. 63(e), and it may be substantial as well.
The contracts governing care of the leader dogs tendered to students on completion of the four-week program in Michigan also contemplate continuing relationships between defendant and some Pennsylvania residents. Although these form contracts are executed in Michigan, they are to be performed in the home states of training program graduates; 161 graduates presently live in Pennsylvania. Cf. Pennsylvania Manufacturers' Association Ins. Co. v. Township of Gloucester, 493 F. Supp. 1047 (E.D.Pa. 1980) (sole forum contact was home office approval of insurance policy; all other contract activity occurred in New Jersey).
Solicitation of leader dogs by unpaid radio spot broadcasts constitute other forum contacts. Because the frequency of the Pennsylvania broadcasts is not of record, we cannot compare this activity with the solicitation in Garfield v. Homowack Lodge, Inc., 249 Pa. Super. 392, 378 A.2d 351 (1977) (continuous and substantial forum activity found where defendant paid $2,000 per year for Pennsylvania newspaper advertising, maintained a toll-free telephone number, provided advertising brochures to Philadelphia travel agents, and paid ten percent referral fee to Pennsylvania travel agencies). However, defendant's solicitation is more than the New Jersey doctor-defendant's in Lebkuecher v. Loquasto, 255 Pa. Super. 608, 389 A.2d 143 (1978) (insufficient forum contacts where defendant possessed Pennsylvania medical license and listing in Pennsylvania classified telephone directory). Defendant's spot broadcasts are intended to obtain suitable guide dogs, not program applicants, but this advertising is related to the corporation's purpose -- training and providing leader dogs -- and is not the sole contact with the forum. It may also constitute "carrying on . . . business" in Pennsylvania under 42 Pa. C.S.A. § 5301(a)(2)(iii).
Four Pennsylvania residents have special contacts with Leader Dogs. Grace Kleinhaus, a graduate of the Michigan program, is field representative for the Eastern and part of the Midwestern region. Defendant's Answers, supra, No. 9. Another Pennsylvania graduate is a member of the Board of Trustees and two Pennsylvania residents serve on an Advisory Board. Defendant's Amended Answers, supra, Nos. 68-69. This would not in itself constitute substantial affiliation with this forum, see Bernardi Bros., Inc. v. Pride Manufacturing, Inc., 427 F.2d 297 (3d Cir. 1970) (insufficient contact with Texas corporation where manufacturer's representative lived in and made business calls from forum state), but may be considered with the other forum contacts.
The counselling service provided to graduates by telephone or visit of a field representative on the request of individual graduates is not significant because it is not initiated by defendant. See, Union National Bank, supra.
Leader Dogs' close and continuous relationship with Pennsylvania Lions clubs, its long-term contracts with Pennsylvania residents, its advertising on Pennsylvania radio stations, and the presence of four affiliated persons would be sufficient to assert personal jurisdiction over the defendant only if it were reasonable for defendant to therefore expect to be haled into the courts of Pennsylvania. World-Wide Volkswagen Corp., et al. v. Woodson, 444 U.S. 286, 297, 62 L. Ed. 2d 490, 100 S. Ct. 559 (1980); see, Schwilm, supra at 14-15. In making that determination the court would have to consider the practical effect of holding this non-profit institution subject to nation-wide jurisdiction based on its willingness to offer training to other than Michigan residents. However, disposition of the jurisdictional issue is not necessary because the case should be transferred pursuant to § 1404(a). See, Schwilm, supra.
MOTION TO TRANSFER
"For the convenience of parties and witnesses, in the interest of justice," 28 U.S.C. § 1404(a) provides for transfer of "any civil action to any other district . . . where it might have been brought." Defendant seeks transfer of this action to the Eastern District of Michigan. It is conceded that this action might have been brought there. An action against defendant and the other original defendants to this suit is now pending in Michigan.
Motions to transfer are determined by consideration of the same factors relevant to a determination of a forum non conveniens motion. Norwood v. Kirkpatrick, 349 U.S. 29, 99 L. Ed. 789, 75 S. Ct. 544 (1955). They are:
1. relative ease of access to sources of proof;