Lenet v. Martin & Mark, Inc.

24 Pa. D. & C.3d 12, 1982 Pa. Dist. & Cnty. Dec. LEXIS 296
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedMay 3, 1982
Docketno. 1372
StatusPublished

This text of 24 Pa. D. & C.3d 12 (Lenet v. Martin & Mark, Inc.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lenet v. Martin & Mark, Inc., 24 Pa. D. & C.3d 12, 1982 Pa. Dist. & Cnty. Dec. LEXIS 296 (Pa. Super. Ct. 1982).

Opinion

GAFNI, J.,

Presently before the court are defendants’ preliminary objections to plaintiffs’ complaint in equity. This matter arises out of a lawsuit instituted by plaintiffs in which they seek enforcement of an agreement entered into between plaintiff Mark Lenet and defendants. In said agreement, plaintiff agreed to purchase and defendants agreed to sell all of the assets, machinery, fixtures and equipment of defendant corporation, as well as all of the real estate located at 5001 Windom Road, Bladensburg, Maryland. The agreement was entitled “Memorandum of Understanding” and was negotiated and executed by the parties in Philadelphia, Pa., on or about July 8, 1981.

Shortly after execution of the agreement, plaintiff Mark Lenet assigned a portion of his rights under said agreement to plaintiff SRS Auto and Truck Spring, Inc. Due to defendants’ failure to attend the agreed-upon settlement, plaintiffs filed a complaint in equity seeking specific performance, with the Prothonotary of the Court of Common Pleas of Philadelphia County on September 14, 1981. On September 18, 1981, both defendants were served with [14]*14a true and correct copy of plaintiffs’ complaint by certified mail, and true and correct copies of the affidavits of service were filed with the court on November 16, 1981.

Defendants’ preliminary objections were filed on October 26, 1981. The substance of the objections appears to be two-fold. First, defendants contend that this court lacks jurisdiction over the subject matter of plaintiffs’ complaint in that the assets and real estate of Martin & Mark, Inc. are situated in the State of Maryland. Second, defendants contend that this Court lacks jurisdiction over the persons of defendants in that service was not properly made in accordance with Pa.R.C.P. 1504(b) and that due process requirements of the 14th Amendment have not been met as both defendants are neither citizens or residents of the Commonwealth nor do they transact any business within, or otherwise have any business or personal connection with, this Commonwealth pursuant to 42 Pa.C.S.A. §§5301, 5308, 5322, 5323. As corollaries to these objections, defendants aver that venue is improperly placed in this court and plaintiffs have failed to state a cause of action upon which relief may be granted.

Defendants’ first contention is that the subject matter which forms the basis of plaintiffs’ complaint involves the sale of certain real estate wholly situated in the State of Maryland, along with the sale of certain assets, machinery, fixtures and equipment of a Maryland corporation, wholly situated in the State of Maryland. As such, defendants argue, this court is without jurisdiction to exercise power over such property. The court, however, disagrees with defendants’ contentions. An examination of plaintiffs’ complaint reveals that the subject mat[15]*15ter which forms the basis of plaintiffs’ suit is not the real estate and assets of the defendant corporation, but rather is the agreement titled “Memorandum of Understanding” executed by the parties in Philadelphia on July 8,1981, as this is the agreement which plaintiffs request this court to specifically enforce.

It has long been held in Pennsylvania that a court of equity having jurisdiction of the person, has the authority and jurisdiction to decree specific performance of a contract for the sale of realty which is located in another state. Cohn v. Weiss, 356 Pa. 78, 51 A. 2d 740 (1947); Garnet Valley School District v. Hanlon, 15 Pa. Commonwealth Ct. 476,327 A. 2d 215, 218 (1974) and citations therein. Thus, this court has subject matter jurisdiction to specifically enforce the memorandum of understanding dated July 8,1981, notwithstanding that the real estate is located in Maryland, providing, of course, that the court has in personam jurisdiction over defendants, which is the gravamen of defendants ’ second obj ection.

Defendants state that the “long-arm” process, 42 Pa.C.S.A. §5322(a) and (b), used to serve defendants was inadequate to obtain in personam jurisdiction over said defendants as they lack the requisite “minimum contacts” with Pennsylvania comporting with due process. See Shaffer v. Heitner, 433 U.S. 186, 198-200 (1977); International Shoe Co. v. Washington, 326 U.S. 310, 316 (1945). Pennsylvania case law provides that parties to a contract may agree in advance to submit to jurisdiction of a given Court, and that the designated court then has in personam jurisdiction over the parties. Continental Bank v. Brodsky, 225 Pa. Superior Ct. 426, 311 A. 2d 676 (1973).

[16]*16In this case, paragraph 12 of the memorandum of understanding

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Related

International Shoe Co. v. Washington
326 U.S. 310 (Supreme Court, 1945)
Shaffer v. Heitner
433 U.S. 186 (Supreme Court, 1977)
Continental Bank v. Brodsky
311 A.2d 676 (Superior Court of Pennsylvania, 1973)
Cohn v. Weiss Et Ux.
51 A.2d 740 (Supreme Court of Pennsylvania, 1947)
Proctor & Schwartz, Inc. v. Cleveland Lumber Co.
323 A.2d 11 (Superior Court of Pennsylvania, 1974)
Garnet Valley School District v. Hanlon
327 A.2d 215 (Commonwealth Court of Pennsylvania, 1974)

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Bluebook (online)
24 Pa. D. & C.3d 12, 1982 Pa. Dist. & Cnty. Dec. LEXIS 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lenet-v-martin-mark-inc-pactcomplphilad-1982.