Appeal from the Order in the Court of Common Pleas of Philadelphia County, Civil Division, No. 5869 August 1983
Maria Zulick, Philadelphia, for appellant.
Eugene A. Spector, Philadelphia, for appellee.
Cavanaugh, Olszewski and Tamilia, JJ.
[ 352 Pa. Super. Page 411]
This is an appeal from an Order denying appellant's petition to open a default judgment. Plaintiff/appellee, Diane DeFay, a Pennsylvania resident, brought suit in trespass against Barbara L. McMeekin and appellant, Michael C. Flood, a New Jersey resident, alleging their negligence in an automobile accident which occurred in New Jersey. Appellant was served with the complaint on March 5, 1984. On April 5, 1984, he received notice that default would occur if, by April 16, 1984, he failed to plead. On April 25, 1984, appellant having failed to file a responsive pleading, default judgment was entered. On May 18, 1984, appellant filed a petition to open the judgment which was denied. This appeal followed.
Before considering the merit of appellant's argument in favor of opening the default judgment, we must necessarily address appellant's contention that the court lacks personal jurisdiction over him because he is a New Jersey resident and the automobile accident occurred in New Jersey. In determining whether a nonresident defendant's activities bring him within the long-arm jurisdiction of this Commonwealth, we must turn to the Pennsylvania Long Arm Statute, 42 Pa.C.S.A. § 5322(a), which in relevant part reads as follows:
(a) General rule. -- A tribunal of this Commonwealth may exercise personal jurisdiction over a person (or the personal representative of a deceased individual who would be subject to jurisdiction under this subsection if not deceased) who acts directly or by an agent, as to a cause of action or other matter arising from such person:
(1) Transacting any business in this Commonwealth. Without excluding other acts which may constitute transacting business in this Commonwealth, any of the following
[ 352 Pa. Super. Page 412]
shall constitute transacting business for the purpose of this paragraph:
(i) The doing by any person in this Commonwealth of a series of similar acts for the purpose of thereby realizing pecuniary benefit or otherwise accomplishing an object.
(ii) The doing of a single act in this Commonwealth for the purpose of thereby realizing pecuniary benefit or otherwise accomplishing an object with the ...