meet the threshold of minimum contacts to make Defendant amenable to in personam jurisdiction in this forum. In light of the above-cited cases, we must disagree. The minimum contact must be such that the Defendant could expect to avail the courts of the forum. It appears that the contacts asserted were purely social and thus do not meet the minimum contact threshold.
Plaintiff also contends that the Defendant is amenable to the Pennsylvania long-arm statute as his actions have caused "harm" in Pennsylvania. Here too, we must disagree with Plaintiff's argument. In order for the Pennsylvania long-arm statute to come into play, an act or omission in a foreign forum must have a direct, first instance result of harm in Pennsylvania. Rosen v. Solomon, 374 F. Supp. 915 (1974). We find Plaintiff's attempt to bring extrapolated harm into the realm of the Pennsylvania long-arm statute to be erroneous.
At this point, it would appear that this Court is without in personam jurisdiction and it is within our power to grant Defendant's motion to dismiss. However, to do so would be travesty, as Plaintiff may now be barred from pursuit of his claim in another forum.
We feel that justice is best served if we deny Defendant's motion to dismiss and exercise our discretionary power by transferring this matter to a district court with in personam jurisdiction over the Defendant. In this way, Plaintiff may have his day in court and Defendant will be in a convenient forum that has jurisdiction over his person. This plan has been approved and employed in similar cases and we feel it is most judicious in nature. Founds v. Shedaker, 278 F. Supp. 32 (E.D. Pa. 1968); Schwilm v. Holbrook, 661 F.2d 12 (3d Cir. 1981); Junior Spice, Incorporated v. Turbotville Dress, Inc., 339 F. Supp. 1189 (E.D. Pa. 1972), see Piper Aircraft Co. v. Reyno, 454 U.S. 235, 70 L. Ed. 2d 419, 102 S. Ct. 252 (1981).
Inlight of the foregoing discussion, the following is issued.
NOW, this 28th day of March, 1985, IT IS HEREBY ORDERED THAT:
1. Defendant's motion to dismiss is denied.
The Clerk of Courts is directed to transfer this matter to the United States District Court for the District of New Jersey.
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