with the manufacture of the allegedly defective portion of the drop hammer. All three of these individuals live in the Western District of Pennsylvania.
Finally, aside from being the situs of the hammer and being located in the state of incorporation and principal place of business of one of the three parties, the Central District of California
has no special nexus with the activities surrounding this lawsuit. Among other things, the hammer was manufactured in the Western District of Pennsylvania through the combined efforts of a Pennsylvania corporation with its principal place of business in the Western District and another corporation with a manufacturing site in the Western District. As a result of the location of manufacture, many pieces of relevant information and many potential witnesses may be presumed to be more easily and inexpensively obtained in the Western District of Pennsylvania.
Therefore, the defendant, Shultz, has not submitted documentation containing facts sufficient to overcome its burden of proof regarding the factors to be weighed when ruling on a Section 1404(a) motion to transfer.
For the foregoing reasons, the defendant's Motion to Transfer is denied.
IN PERSONAM JURISDICTION
Having answered the question of whether venue is proper in the Western District of Pennsylvania affirmatively, we must now turn to a discussion of the defendant's contention that valid in personam jurisdiction cannot be obtained over it in this district. The amenability of a foreign corporation to a diversity action in a federal court is determined by applying the law of the state where the court sits. The only limitations on application of the forum state's law are those imposed by constitutional guarantees of due process. Galaxy International, Inc. v. White Stores, Inc., 88 F.R.D. 311, 314 (W.D.Pa. 1980). The applicable law controlling the exercise of in personam jurisdiction over nonresident corporate defendants by federal district courts sitting within Pennsylvania is found at Section 5322 of Title 42 of the Pennsylvania Consolidated Statutes, Galaxy, supra; Donner v. Tams-Witmark Music Library, Inc., 480 F. Supp. 1229, 1231-32 (E.D.Pa. 1979). The Pennsylvania jurisdictional statute, in effect, adopts the United States Supreme Court's expressions of substantive jurisdictional due process as the law to be applied by courts sitting in Pennsylvania. Subsection (b) of 42 Pa.C.S.A. § 5322 provides that "jurisdiction . . . shall extend to all persons . . . to the fullest extent allowed under the Constitution of the United States and may be based on the most minimum contact with this Commonwealth allowed under the Constitution of the United States."
The predecessor to the "long-arm" statute currently in effect in Pennsylvania was found at 42 Pa.C.S.A. § 8301 et seq. The current long-arm statute found at 42 Pa.C.S.A. § 5321 et seq. is essentially a recodification and expansion of Section 8301. Section 8301 was interpreted as to its applicability to a foreign corporation by the Superior Court of Pennsylvania in Proctor & Schwartz, Inc. v. Cleveland Lumber Co., 228 Pa. Super. 12, 323 A.2d 11 (1974). It is fair to characterize Proctor & Schwartz as the singular authority on application of the Pennsylvania long-arm statute in cases such as the one now before the Court. Indeed, as was stated by the late Judge Snyder of this Court, "no discussion by this Court of in personam jurisdiction over foreign corporations would be complete without reference to Proctor & Schwartz, Inc. v. Cleveland Lumber Co. [citation omitted]." Follansbee Metals Co., Inc. v. John T. Clark & Son of New Hampshire, Inc., 387 F. Supp. 574, 579 (W.D.Pa. 1974).
The Court in Follansbee, following the lead of the Court in Proctor & Schwartz, referred to the three landmark cases which delineate modern due process standards for the exercise of valid in personam jurisdiction: International Shoe Co. v. Washington, 326 U.S. 310, 66 S. Ct. 154, 90 L. Ed. 95 (1945); McGee v. International Life Insurance Co., 355 U.S. 220, 78 S. Ct. 199, 2 L. Ed. 2d 223 (1957); and Hanson v. Denckla, 357 U.S. 235, 78 S. Ct. 1228, 2 L. Ed. 2d 1283 (1958).
The starting point for any analysis of the limitations on a court's valid exercise of in personam jurisdiction must be International Shoe. In that decision, the Supreme Court laid the foundation upon which all subsequent due process decisions regarding in personam jurisdiction have been built.
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 minimum contacts with it such that the maintenance of the suit does not offend 'traditional notions of fair play and substantial justice'.