118 A.3d 1130
Pa. Super. Ct.2015Background
- F.F. and N.T. are parents of minor J.C., born June 2012.
- N.T. filed a Protection From Abuse petition in Centre County, Pennsylvania in February 2014 alleging abuse, with the most recent incident claimed to have occurred June 15, 2013.
- F.F. raised preliminary objections (improper service and lack of personal jurisdiction); a hearing occurred on April 15, 2014.
- Background litigation in California included custody actions from 2012–2013, with CA orders awarding custody to F.F. and N.T. eventually relocating to Pennsylvania.
- F.F. argued Pennsylvania lacked jurisdiction; the trial court held otherwise based on F.F.’s use of a PA private investigator, leading to a June 6, 2014 ruling overruling the objection and denying relief.
- The appellate court reversed, vacated the temporary PFA order, and dismissed the PFA petition for lack of personal jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in overruling lack of personal jurisdiction. | F.F. contends no PA jurisdiction due to absence of contacts. | N.T. asserts PA long-arm reach via investigator activities and related contract. | Yes; lack of personal jurisdiction; reversed and petition dismissed. |
| Whether hiring a PA private investigator constitutes minimum contacts to confer jurisdiction. | N.T. argues the PA investigator activity creates contacts with PA. | F.F.'s activity is insufficient for meaningful PA contact related to PFA. | No; hiring the investigator does not establish minimum contacts. |
Key Cases Cited
- Mendel v. Williams, 53 A.3d 810 (Pa. Super. 2012) (two-part minimum contacts due process analysis; long-arm scope)
- Gaboury v. Gaboury, 988 A.2d 672 (Pa. Super. 2009) (long-arm statute coextensive with due process)
- Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408 (U.S. Supreme Court, 1984) (relationship between defendant, forum, and litigation essential for jurisdiction)
- Grimes v. Wetzler, 749 A.2d 535 (Pa. Super. 2000) (travel to forum to investigate is insufficient for minimum contacts)
- Scoggins v. Scoggins, 382 Pa. Super. 507, 555 A.2d 1314 (Pa. Super. 1989) (tie between 5322(a) subsections and due process)