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PHOENIX FINANCIAL CORPORATION v. DR. J. DONELSON JONES (02/14/84)

SUPERIOR COURT OF PENNSYLVANIA


February 14, 1984

PHOENIX FINANCIAL CORPORATION, APPELLANT
v.
DR. J. DONELSON JONES, III, P.A., T/A SEMORAN ANIMAL HOSPITAL

No. 1382 Philadelphia, 1983, Appeal from the Order of the Court of Common Pleas, Civil Division, of Montgomery County, No. 82-09751.

Before Rowley, Hester and Roberts, JJ.

Per Curiam:

Order affirmed.

JUDGMENT ORDER

Following review of argument, the record and applicable law, the lower court properly held that Pennsylvania courts had no personal jurisdiction over appellee. Appellant argues that personal jurisdiction over appellee is premised upon the following:

1. That personal jurisdiction lies within the state where the contractual offer was accepted;

2. That a single act of business committed in Pennsylvania gave Pennsylvania courts personal jurisdiction over appellee under 42 Pa. C.S.A. ยง 5322;

3. That the three-part test for minimum contacts was satisfied:

     a. Appellee availed itself of the privilege of conducting business in Pennsylvania;

     b. The cause of action arose from appellee's activities in Pennsylvania;

     c. Appellee's acts were sufficiently connected with Pennsylvania as to render reasonable the exercise of personal jurisdiction. There is no merit to these contentions. The place where appellant accepted the offer does not alone determine personal jurisdiction over appellee; the contention that personal jurisdiction was based upon a "single act" of business is waived due to the fact that it was raised for the first time on appeal, Vend-A-Matic, Inc. v. Frankford Trust Co., 296 Pa. Super. 492, 442 A.2d 1158 (1982); and, the three-part test for minimum contacts established in Proctor & Schwartz, Inc. v. Cleveland Lumber Co., 228 Pa. Super. 12, 323 A.2d 11 (1974), was not satisfied.

Accordingly, the order is affirmed.

19840214

© 1998 VersusLaw Inc.



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