Appeal from the Order of the Court of Common Pleas, Civil Division, of Montgomery County, No. 83-12629.
William B. Brooks, Norristown, for appellants.
Barbara R. Watkins, Norristown, for appellee.
Rowley, Del Sole and Beck, JJ. Beck, J., files a concurring opinion.
[ 355 Pa. Super. Page 353]
Eastern Continuous Forms, Inc. (Eastern) is a Pennsylvania Corporation having offices and manufacturing facilities in Montgomery County, Pennsylvania. Island Business Forms, Inc. (Island) is incorporated under the laws of the Territory of the United States Virgin Islands.
Eastern filed a complaint in Assumpsit seeking to recover for various materials and services allegedly supplied to Island for which Island continues to refuse to pay the balance due. The trial court entered an order sustaining Island's preliminary objections to the complaint which claim
[ 355 Pa. Super. Page 354]
jurisdiction and venue are improper in Montgomery County, Pennsylvania.*fn1
Initially it must be noted that:
when preliminary objections, if sustained, would result in the dismissal of an action, such objections should be sustained only in cases which are clear and free from doubt. (citation omitted). Moreover, when deciding a motion to dismiss for lack of personal jurisdiction the court must consider the evidence in the light most favorable to the non-moving party.
Barber v. Pittsburgh Corning Corp., 317 Pa. Super. 285, 302-303, 464 A.2d 323, 332 (1983).
Considering the evidence in the light most favorable to Eastern, it is not clear and free from doubt that personal jurisdiction over Island is ...