Grimes v. Wetzler

749 A.2d 535, 2000 Pa. Super. 90, 2000 Pa. Super. LEXIS 302
CourtSuperior Court of Pennsylvania
DecidedMarch 23, 2000
StatusPublished
Cited by9 cases

This text of 749 A.2d 535 (Grimes v. Wetzler) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grimes v. Wetzler, 749 A.2d 535, 2000 Pa. Super. 90, 2000 Pa. Super. LEXIS 302 (Pa. Ct. App. 2000).

Opinion

CIRILLO, President Judge Emeritus:

¶ 1 Charles Grimes appeals and James Wetzler, Michael Urbach, Philip Zurlo, Warren Brown, Mary Ann Linn, and Su-neil Mehra1 (Appellees/Cross-Appellants) cross-appeal from the final decree entered by the Court of Common Pleas of Chester County. We reverse the order denying preliminary objections and dismiss the case for lack of jurisdiction.

¶ 2 In November of 1993, Grimes instituted the underlying declaratory judgment action, based upon the Civil Rights Act of 1871, 42 U.S.C. § 1983, seeking a declaration that from 1978 and at all times after he was never and has not been a domiciliary2 of the State of New York. Grimes [537]*537claimed that Appellees, individually and in their capacity as employees of the New York State Department of Taxation and Finance, improperly assessed him for tax liabilities in excess of one million dollars for the tax years 1962 to 1990. From 1983 to 1990, with the sole exception of 1987, Grimes filed New York resident tax returns. He also took advantage of certain New York tax credits. Grimes, however, claims that he had established Pennsylvania as his domicile in 1978.

¶ 3 In 1990, the New York State Department of Taxation and Finance began to conduct an audit of Grimes’ 1987 tax returns; the audit proceeded through 1992. Both Grimes and his representative were uncooperative in the process.

¶4 In his complaint Grimes asserted that his constitutional rights were violated by New York taxing authority employees whose harassing and arbitrary implementation of taxing guidelines violated his civil rights. Moreover, Grimes contended that his ability to freely travel between Pennsylvania and New York has been hampered because of his inability to determine his obligations under New York tax laws.3 Such actions, he contends, entitle him to relief from the past, in the present, and in the future.

¶ 5 Appellees filed preliminary objections to Grimes’ complaint alleging that the trial court lacked personal jurisdiction over them. See Pa.R.C.P. 1028(a)(1). The trial court denied the objections and Ap-pellees then filed a motion for reconsideration of the court’s previous order. The trial court granted reconsideration, staying the taking of depositions until proceedings were held on the issue of personal jurisdiction. In his complaint and in opposition to the preliminary objections, Grimes first4 contended that the trial court had personal jurisdiction over the Appellees/defendants based upon this Commonwealth’s long-arm statute, specifically 42 Pa.C.S. § 5322(a)(4) (general jurisdiction over a person whose actions or omissions outside of this Commonwealth have caused harm or injury in this Commonwealth). After proceedings, the court issued an order denying the Ap-pellees’ reconsideration motion, finding that the court did, in fact, possess in per-sonam jurisdiction over the Appellees.

¶ 6 After an adjudication, the court memorialized its findings of fact, including a discussion and its conclusions of law. The court held that the Appellees were, at most, negligent and that as government officials, they were protected by qualified immunity. Both parties filed post-trial motions which were denied; the court entered a final decree.

¶ 7 On appeal, Grimes presents the following issues for our consideration:

[538]*538(1) Should the trial court have granted Defendants’ motion to dismiss Plaintiffs complaint for a declaratory judgment that he is, and continuously since 1978 has been, a domiciliary of Pennsylvania?
(2) Should the trial court have granted Plaintiff such a declaration and an appropriate injunction on the evidence presented at trial?
(3) Should the trial court have held that Defendants were not liable for seeking to tax Plaintiff as an asserted New York domiciliary because they were at most negligent and were entitled to a qualified privilege?

¶ 8 On cross-appeal, the following issues are presented:5

(1) Did the trial court err when it denied Defendants’ preliminary objections to in personam jurisdiction?

¶ 9 Before addressing Grimes’ issues on appeal, we must first direct our attention to the issue raised by cross-appellants/ap-pellees as it concerns whether the trial court had personal jurisdiction over Appel-lees in the underlying case.

¶ 10 In the present case, Appellees filed preliminary objections to Grimes’ complaint alleging lack of personal jurisdiction. The trial court denied the objections without fifing an opinion. Appellees filed a motion for reconsideration, which was granted. The court held a hearing wherein arguments were made for both sides as to why the court did or did not have personal jurisdiction.

¶ 11 First, we note that:

“[Wjhen preliminary objections, if sustained, would result in the dismissal of an action, such objections should be sustained only in the clearest of cases.” King v. Detroit [Tool] Coal Co., 452 Pa.Super. 334, [336-338] 682 A.2d 313, 314 (1996) (citation omitted). Moreover, because the burden rests upon the party challenging the court’s exercise of jurisdiction, the court must consider the evidence in the fight most favorable to the non-moving party. Id. See also Filipovich v. J.T. Imports, Inc., 431 Pa.Super. 552, [555-557], 637 A.2d 314, 316 (1994). Once the movant has supported its jurisdictional objection, however, the burden shifts to the party asserting jurisdiction to prove that there is statutory and constitutional support for the court’s exercise of in personam jurisdiction. See, e.g., McCall v. Formu-3 International, Inc., 437 Pa.Super. 575, [577-579] 650 A.2d 903, 904 (1994); Derman v. Wilair Services, Inc., 404 Pa.Super. 136, [139-141], 590 A.2d 317, 319 (1991).

Hall-Woolford Tank Co., Inc. v. R.F. Kilns, Inc., 698 A.2d 80, 82 (Pa.Super.1997).

¶ 12 The seminal United States Supreme Court case regarding personal jurisdiction of non-resident defendants is International Shoe Co. v. Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945). In that case the Supreme Court stated that a state court may only exercise jurisdiction over a non-resident defendant so long as there exists “minimum contacts” between the defendant and the forum state. In World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 100 S.Ct.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

N.T. v. F.F.
Superior Court of Pennsylvania, 2015
N.T. ex rel. K.R.T. v. F.F.
118 A.3d 1130 (Superior Court of Pennsylvania, 2015)
City of Philadelphia v. Borough of Westville
93 A.3d 530 (Commonwealth Court of Pennsylvania, 2014)
Di Loreto v. Costigan
600 F. Supp. 2d 671 (E.D. Pennsylvania, 2009)
Triad ML Marketing Inc. v. Clark & Trevithick P.C.
76 Pa. D. & C.4th 418 (Philadelphia County Court of Common Pleas, 2005)
Morgan v. Confidential Services Inc.
60 Pa. D. & C.4th 139 (Philadelphia County Court of Common Pleas, 2002)
Greiner v. Erie Insurance Exchange
57 Pa. D. & C.4th 312 (Philadelphia County Court of Common Pleas, 2001)
Volz v. Concept Sciences Inc.
59 Pa. D. & C.4th 184 (Lehigh County Court of Common Pleas, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
749 A.2d 535, 2000 Pa. Super. 90, 2000 Pa. Super. LEXIS 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grimes-v-wetzler-pasuperct-2000.