Thursday, June 26, 2008

Superior Court 6/26/08 - JOHN AND SUSAN HAAS, H/W v. FOUR SEASONS CAMPGROUND, INC.

JOHN AND SUSAN HAAS, H/W v. FOUR SEASONS CAMPGROUND, INC.
No. 2543 EDA 2007 2008 PA Super 136 Atlantic: n/a Filed: 6/26/2008
Appeal from the Order entered in the Court of Common Pleas of Philadelphia County, Civil Division, No(s): May Term, 2006 No. 00483
Before: BOWES, GANTMAN and TAMILIA, JJ.
Opinion by: TAMILIA, J.
John and Susan Haas appeal from the September 14, 2007, Order dismissing their complaint and sustaining Four Seasons Campground’s preliminary objections. The following facts relevant to our disposition and adduced by the trial court are as follows.

Appellants’ sole issue on appeal is as follows:

Did the trial court commit an error of law by
determining, through use of outdated precedent,
that appellee has not established sufficient contacts
with Pennsylvania to allow Pennsylvania Courts to
exercise jurisdiction?


¶ 5 The Pennsylvania long-arm statute permits the exercise of jurisdiction
“to the fullest extent allowed under the Constitution of the United States and
may be based on the most minimum contact with this Commonwealth
allowed under the Constitution of the United States,” Fourteenth
Amendment’s Due Process Clause. 42 Pa.C.S.A. § 5322(b), Bases of
personal jurisdiction over persons outside this Commonwealth, (b)
Exercise of full constitutional power over nonresidents; See
Nutrition Management Services Co. v. Hinchcliff, 926 A.2d 531, 537
(Pa.Super. 2007). In order to determine whether appellee has garnered
sufficient contacts with the Commonwealth of Pennsylvania such that specific
personal jurisdiction could be established, we have to ascertain the “nature
and quality of commercial activity that an entity conducts over the Internet.”
Efford v. Jockey Club, 796 A.2d 370, 374 (Pa.Super. 2002).


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