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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA DARIEN ROWAYTON BANK, No. 4:22-CV-01394 Plaintiff, (Chief Judge Brann) v. JACK E. McGREGOR, JOANNAH McGREGOR, and DOUGLAS H. McGREGOR, Defendants. MEMORANDUM OPINION APRIL 10, 2023 Former businessman Jack McGregor sent his son, Douglas, two separate $7,000 checks in 2020. These transfers, which Jack initiated in Pennsylvania and Douglas accepted in Virginia, occurred around the time Darien Rowayton Bank (âDR Bankâ) initiated a legal action in Pennsylvania state court seeking to recover on a substantial debt stemming from an $800,000 home equity line of credit it previously extended to Jack and his ex-wife. According to DR Bank, the transfers to Douglas constitute part of an orchestrated scheme to help Jack evade his obligations to DR Bank. And as such, DR Bank has sued Jack and Douglas (as well as Jackâs current wife) for engaging in fraudulent transfers and participating in a civil conspiracy. Douglas now moves to dismiss the claims against him for lack of personal jurisdiction. But by accepting and depositing the checks from his father, Douglas caused the money to be transferred from Jackâs Pennsylvania-based bank account to Douglasâs account in Virginia, allegedly in furtherance of Jackâs scheme to obstruct a Pennsylvania judgment. That set of facts subjects Douglas to this Courtâs jurisdiction. His motion is therefore denied. I. BACKGROUND A. Factual Background In November 2007, DR Bank issued Jack McGregor and his then-wife, Mary-Jane Foster, a home equity line of credit totaling $800,000.1 The couple made timely (if nominal) payments on the line of credit until late 2016.2 But in December of that year, while in the process of finalizing their divorce, they stopped making payments altogether, leaving a principal balance of $798,611.03.3 DR Bank sent the couple a notice of default in January 2017, and then filed a summons and complaint seeking to recover on the line of credit with the Superior Court of Connecticutâthe state in which DR Bank maintains its principal place of business.4 In December 2017, the Connecticut Superior Court entered a judgment in favor of DR Bank that, with interest and attorneysâ fees, totaled $844,283.07.5  1 Doc. 1 (Compl.) ¶ 10. 2 Id. ¶¶ 13â14. 3 Id. 4 Id. ¶¶ 2, 15â16. Ms. Foster agreed to a payment plan with DR Bank to repay her share of the judgment, but Jack McGregor refused to assume responsibility for his liability.6 Sometime after the judgment was entered, Jack relocated to Mifflinburg, Pennsylvania to live with his current wife, Joannah McGregor.7 In January 2020, once it learned of Jackâs move, DR Bank filed a Praecipe to File and Index Foreign Judgment in the Court of Common Pleas of Union County, Pennsylvania.8 In effect, DR Bank sought to have Pennsylvania courts recognize and enforce the Connecticut-based judgment.9 Jack opposed the effort, filing a Petition to Open Judgment, but that was denied.10 In the Pennsylvania state court proceedings, Jack has represented that he is unable to satisfy any obligations to DR Bank because he is effectively insolvent.11 DR Bank deems this all but inconceivable, noting that Jack âhas enjoyed a long and successful career in businessâ that âallowed him to accumulate significant wealth over a period of six decades.â12 Indeed, Jack was the President and Chief Executive Officer of Aquarion Water Company, a publicly traded utility company  6 Doc. 1 (Compl.) ¶ 18. 7 Id. ¶ 19. 8 Id. ¶ 22; see also Doc. 1-2, Ex. B (Jan. 22, 2020, Praecipe to File and Index Foreign Judgment). 9 Id. 10 Doc. 1 (Compl.) ¶ 23; see also Doc. 1-3, Ex. C (Dec. 22, 2020, Order Denying Petition to Open Judgment). 11 Doc. 1 (Compl.) ¶¶ 27, 32. that serves several states in New England, as well as a co-founder, part-owner, and senior executive of the Pittsburgh Penguins hockey team.13 According to DR Bank, Jackâs insolvency is attributable not to an unfortunate change in circumstances, but rather to a systematic effort to âdeplete his bank account with the intent of avoiding payment on the [j]udgment.â14 DR Bank alleges that Jack divested himself of substantially all assets through a series of transfers to his current wife, Joannah, and to his son, Douglas.15 Relevant here, in 2020, around the time the Connecticut judgment was indexed in Pennsylvania, Jack made two separate $7,000 payments to Douglas.16 According to Douglas, his father sent him two $7,000 checks, characterized as âgifts,â through the mail to Douglasâs home in Virginia.17 Douglas accepted the payment and deposited the checks, causing the money to transfer from Jackâs Pennsylvania-based bank account to Douglasâs Virginia-based bank account.18 Douglas represents that those checks are the only âmonetary payments of any kindâ that he received from his father in the last five years.19   13 Id. ¶ 26. 14 Id. ¶ 55. 15 Id. ¶¶ 30â55. 16 Id. ¶¶ 49, 51. 17 Doc. 11-1, Ex. A (Nov. 2, 2022, D. McGregor Decl.) ¶¶ 5â6. 18 Id.; see also Doc. 13 (DR Bank Opp.) at 6. B. Procedural History In September 2022, DR Bank initiated this suit against Jack, Douglas, and Joannah McGregor, alleging violations of Pennsylvaniaâs Voidable Transactions Act as well as civil conspiracy.20 Although Jack and Joannah filed an answer to the complaint,21 Douglas filed a motion to dismiss for lack of personal jurisdiction.22 Douglas attached to his motion a declaration containing jurisdictionally relevant factual averments,23 which DR Bank has not contested. Douglasâs motion to dismiss has been fully briefed and is now ripe for disposition.24 II. LAW Federal Rule of Civil Procedure 12(b)(2) allows a defendant to move for the dismissal of all claims against him due to a lack of personal jurisdiction. Once a defendant challenges a courtâs authority to exercise personal jurisdiction over him, the plaintiff bears the burden of establishing that personal jurisdiction exists.25 That burden, however, is relatively light: absent an evidentiary hearing, the plaintiff need only plead a prima facie case of personal jurisdiction to survive a motion to dismiss.26  20 See Doc. 1 (Compl.). 21 See Doc. 9 (Jack & Joannah McGregor Answer). 22 Doc. 11 (D. McGregor Mot. to Dismiss). 23 See Doc. 11-1, Ex. A (Nov. 2, 2022, D. McGregor Decl.). 24 See Doc. 12 (D. McGregor Br.); Doc. 13 (DR Bank Opp.); Doc. 14 (D. McGregor Reply). 25 DâJamoos ex rel. Estate of Weingeroff v. Pilatus Aircraft Ltd., 566 F.3d 94, 102 (3d Cir. 2009). When considering a motion to dismiss for lack of personal jurisdiction under Rule 12(b)(2), the court must âaccept as true all allegations of jurisdictional fact made by the plaintiff and resolve all factual disputes in the plaintiffâs favor.â27 That said, at no time may the plaintiff rely on âmere allegationsâ or âthe bare pleadings aloneâ; it must instead ârespond with actual proofsâ such as âsworn affidavits or other competent evidence.â28 Because a Rule 12(b)(2) motion to dismiss is âinherently a matter that requires resolution of factual issues outside the pleadings,â the court, in resolving such a motion, may rely on documents outside the pleadings.29 III. ANALYSIS The question before the Court here is whether money transfers from a Pennsylvania residentâs Pennsylvania-based bank account to an individual who lives and banks outside the Commonwealth are sufficient, standing alone, to subject the recipient to personal jurisdiction in Pennsylvania. Rule 4(e) of the Federal Rules of Civil Procedure permits a district court to assert personal jurisdiction over non-residents to the extent allowed under the law of the state where the court sits. Pennsylvaniaâs long-arm statute authorizes this Court to entertain jurisdiction over non-resident defendants âto the fullest extent allowed  27 Belden Technologies, Inc. v. LS Corp., 626 F.Supp.2d 448, 453 (D. Del. 2009); see also Pinker v. Roche Holdings Ltd., 292 F.3d 361, 368 (3d Cir. 2002). 28 Time Share Vacation Club v. Atlantic Resorts, Ltd., 735 F.2d 61, 66 n.9 (3d Cir. 1984). under the Constitution of the United States,â based âon the most minimum contact with this Commonwealth allowed under the Constitution of the United States.â30 Consequently, the reach of this Courtâs personal jurisdiction under the Pennsylvania statute is coextensive with the due process clause of the Fourteenth Amendment to the United States Constitution.31 Here, DR Bank argues that the Courtâs authority over Douglas emanates from specific, rather than general, personal jurisdiction.32 The specific personal jurisdiction inquiry focuses on the relationship among the defendant, the forum, and the present litigation.33 To that end, a plaintiff advocating for the invocation of specific personal jurisdiction has at its disposal two distinct legal frameworks: (a) the traditional three-part inquiry that stems from the Supreme Court of the United Statesâ seminal ruling in International Shoe Co. v. Washington;34 and (b) the âeffects testâ that the Supreme Court established in Calder v. Jones.35 DR Bank contends that this Court can exercise specific jurisdiction over Douglas  30 42 Pa. C.S.A. § 5322(b). 31 See Time Share Vacation Club, 735 F.2d at 63. 32 See Doc. 13 (DR Bank Opp.) at 14 (arguing that âthis Court should deny Douglasâs motion to dismiss for lack of personal jurisdictionâ because it âhas specific personal jurisdiction over Douglasâ). 33 Pinker, 292 F.3d at 368. 34 326 U.S. 310, 316 (1945); see also Burger King Corp. v. Rudzewicz, 471 U.S. 462, 474â76 (1985); Pinker, 292 F.3d at 368â69. 35 465 U.S. 783 (1984); see also Marten v. Godwin, 499 F.3d 290, 297 (3d Cir. 2007) (âIf a plaintiff satisfies . . . the âeffects test,â the plaintiff can demonstrate a courtâs jurisdiction over a defendant even when the defendantâs contacts with the forum alone are too small to comport with the requirements of due process under our traditional analysis.â) (internal quotation under either framework.36 Accordingly, the Court considers each framework in turn. A. Traditional Specific Personal Jurisdiction Analysis The traditional specific personal jurisdiction inquiry unfolds in three steps. First, the district court must determine whether the defendant âpurposefully directed his activitiesâ at the forum.37 Second, the court considers whether the plaintiffâs claims âarise out of or relate toâ at least one of those specific activities.38 And third, if the first two requirements are met, the court may consider whether the exercise of jurisdiction otherwise âcomport[s] with fair play and substantial justice.â39 For the first step, DR Bank argues that Douglas âknowingly caus[ed] money to be drawn from Jackâs Pennsylvania-based bank account,â thereby âpurposefully avail[ing] himself of Pennsylvaniaâs jurisdiction,â as the two transfers âgo to the very heart of DR Bankâs efforts to satisfy its judgment.â40 Douglas responds that he did not âpurposely direct[]â his activities at Pennsylvania; he âreceived two payments from his father that were deposited into [his] Virginia bank account,â  36 See Doc. 13 (DR Bank Opp.) at 5 (âApplying either framework yields the same result: DR Bank has made a sufficient showing for this Court to exercise specific jurisdiction over Douglas.â). 37 Burger King, 471 U.S. at 472 (internal quotation marks and citation omitted). 38 Helpicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 414 (1984). 39 Burger King, 471 U.S. at 476 (quotation marks omitted). meaning that âthe action of accepting money occurred in Virginia, not Pennsylvania.â41 On this, the Court finds particularly instructive a 2020 ruling by the Honorable William S. Stickman IV of the United States District Court for the Western District of Pennsylvania in Kyko Global, Inc. v. Prithvi Information Solutions Ltd.42 There, Judge Stickman held that specific personal jurisdiction existed as to the foreign corporate and individual defendants based on four wire transfers initiated by a Pennsylvania co-conspirator from a Pennsylvania-based bank account.43 Judge Stickman described the wire transfers as âdecisive to the issue of personal jurisdiction,â explaining that because the wire transfers âwere initiated in, and managed from, this forumâ (i.e., Pennsylvania) and used to âfacilitat[e]â the âconspiracy to defraud the [p]laintiffs,â the wire transfers were âalone sufficient to trigger specific personal jurisdiction under Pennsylvaniaâs long-arm statute.â44 In reaching that conclusion, Judge Stickman distinguished the case from the United States Court of Appeals for the Third Circuitâs holding in Dollar Savings Bank v. First Security Bank of Utah, N.A. and other similar cases  41 Doc. 14 (D. McGregor Reply) at 5â6. 42 2020 WL 1159439 (W.D. Pa. Mar. 10, 2020). 43 Id. at *28. that âinvolved the wire transfer of a loan repayment toânot fromâ Pennsylvania.â45 Here, as in Kyko, the wire transfers were initiated in, and managed from, Pennsylvania. In 2020, Jack McGregor sent his son, Douglas, two separate $7,000 checks, which Douglas accepted and deposited.46 At the time he mailed the checks, Jack resided with his wife in Pennsylvania, and the checks, once deposited, caused money to be transferred from Jackâs Pennsylvania-based bank account to Douglasâs Virginia-based bank account.47 Moreover, as alleged, the transfers were initiated as part of an ongoing conspiracy centered in Pennsylvania: Jack sought to remove the money from his bank account (and therefore from the Commonwealth) to avoid his outstanding obligations to DR Bank in contravention of a judgment entered in Pennsylvania.48 Douglas asks the Court to disregard these considerations and instead rule that wire transfers are by themselves categorically insufficient to satisfy the âpurposefully directingâ prong of the traditional specific personal jurisdiction  45 Id. (citing Dollar Savings Bank v. First Security Bank of Utah, N.A., 746 F.2d 208, 214â15 (3d Cir. 1984); T.J. Raney & Sons, Inc. v. Security Savings & Loan Assoc., 749 F.2d 523, 525 (8th Cir. 1984); Tatoian v. Andrews, 100 F. Supp. 3d 549, 554 (W.D. Va. 2015)). 46 See Doc. 1 (Compl.) ¶¶ 49â50; see also Doc. 11-1, Ex. A (Nov. 2, 2022, D. McGregor Decl.) ¶¶ 4â6. 47 Id. 48 See Doc. 1 (Compl.) ¶¶ 52â55; see also Doc. 1-2, Ex. B (Jan. 22, 2020, Praecipe to File and Index Foreign Judgment); Doc. 1-3, Ex. C (Dec. 22, 2020, Order Denying Petition to Open inquiry.49 For this, Douglas directs this Court to a series of rulings by district courts outside this circuit that addressed âwhether the requirements of minimum contacts may be satisfied by a foreign bankâs performance of wire transfers on behalf of its clients.â50 But those rulings are inapposite. The defendants in those cases were âsophisticated bank[s]â and other financial institutions that simply âwire[d] funds from customersâ accounts . . . at customer requests,â not individuals who personally received the wire transfers at issue.51 The courts in those cases seemingly considered that distinction highly relevant, emphasizing both the defendant banksâ ânon-purposive role in wire transfers from customer accounts to accounts at banks in [the forum state],â52 and the risk that â[f]inding jurisdiction appropriate because a bank accepted wire transfers from a company or bank in  49 See Doc. 14 (D. McGregor Reply) at 8 (â[T]he acceptance of transfers of money outside the forum jurisdiction does not constitute the type of purposeful activity for which a defendant should expect to be hauled into court.â) (internal quotation marks and citation omitted). 50 Daventree Ltd. v. Republic of Azerbaijan, 349 F. Supp. 2d 736, 764 (S.D.N.Y. 2004) (â[T]he norm of fundamentals of substantial justice does not accord with a finding of minimum contacts where a non-resident bank engages in wire transfers or cash withdrawals on behalf of its clients as part of the financial process.â); see also Dtex, LLC v. BBVA Bancomer, S.A., 405 F. Supp. 2d 639, 645 (D.S.C. 2005) (holding that âcustomer-initiated bank-to-bank wire transfers do not establish the âcontinuous and systematicâ purposeful presence necessary to establish personal jurisdiction over a foreign bankâ); Plymouth Capital Ltd. v. Three S Farms, Inc., 1998 WL 242154, at *3 (N.D. Ill. May 6, 1998) (declining to exercise personal jurisdiction over a foreign bank based on its acceptance of wire transfers from a domestic entity, explaining that â[f]inding jurisdiction appropriate because a bank accepted wire transfers from a company or bank in another state would potentially subject it to jurisdiction in every stateâ); Resolution Trust Corp. v. First of America Bank, 796 F. Supp. 1333, 1335â37 (C.D. Cal 1992) (assessing âwhether a non-forum bank has established minimum contacts in California by belonging to a national clearinghouse service association and accepting a wire transfer (or several wire transfers) from a California bankâ; concluding that âdealings between banks through wire transfers or similar contactsâ are insufficient). 51 Dtex, 405 F. Supp. 2d at 645. another state would potentially subject it to jurisdiction in every state.â53 Neither concern exists in cases like this one involving individual defendants who personally accepted and authorized money transfers from other individuals who lived in and operated out of the forum state. This Court concurs with Judge Stickman that when analyzing wire transfers for purposes of the traditional specific personal jurisdiction inquiry, the key considerations are who initiated and received the transfers, where the money was transferred from, and why the transfers were made.54 Here, all three considerations militate in favor of exercising jurisdiction over Douglas. By depositing the checks and causing the transfer of funds from his fatherâs Pennsylvania-based bank accountâthereby facilitating his fatherâs alleged efforts to evade his obligations to DR BankâDouglas âpurposefully directed his activitiesâ at Pennsylvania.55 The first prong of the traditional three-part inquiry is therefore satisfied. For the second step, DR Bank contends that this suitâwhich asserts claims for fraudulent transfer and civil conspiracyââarise[s] out of and relate[s] to Douglasâs acceptance of the two $7,000 payments.â56 The Court agrees. The factual premise underlying DR Bankâs claims in this case is that Jack McGregor, with the assistance of his son and his current wife, allegedly âtransfer[red] assets  53 Plymouth Capital, 1998 WL 242154 at *3. 54 See Kyko, 2020 WL 1159439 at *28. 55 Burger King, 471 U.S. at 472 (internal quotation marks and citation omitted). from a Pennsylvania bank account to avoid payment on a Pennsylvania judgment.â57 Put differently, this case arises out of and relates to the transfers from Jackâs accountsâincluding the two $7,000 payments to Douglas. Because this Court considers Douglasâs acceptance of the wire transfers activities âpurposefully directedâ at Pennsylvania, it concludes (as it must) that the claims here âarise out of [and] relate toâ Douglasâs jurisdictionally relevant conduct.58 The second prong is satisfied.59 For the final step (sometimes described as the âreasonableness prongâ), the Court asks whether the exercise of personal jurisdiction over Douglas as it pertains to this matter accords with traditional notions of fair play and substantial justice.60 It does. The Court agrees with DR Bank that the Commonwealth âhas a strong interest in making certain that Pennsylvania judgments are fully satisfied.â61 And given its finding that Douglas purposefully directed activities at Pennsylvania, the  57 Id. 58 Helpicopteros, 466 U.S. at 414. 59 In his reply brief, Douglas emphasizes the lack of evidentiary support for DR Bankâs allegation âthat Douglas accepted this money âknowinglyâ to help his father defraud [DR Bank].â Doc. 14 (D. McGregor Reply) at 6. But that puts the proverbial cart before the horse. DR Bank will have the opportunity in substantive discovery to develop a factual basis for its claim that Douglas knowingly participated in his fatherâs alleged scheme to defraud DR Bank. For purposes of establishing the second prong of the traditional specific personal jurisdiction inquiry, however, DR Bank need only show that the claims as alleged âarise out of or relate toâ specific activities âpurposefully directedâ at Pennsylvania. Helpicopteros, 466 U.S. at 414. It has done so. 60 See Burger King, 471 U.S. at 476. Court considers the protestations about âhaul[ing] Douglas to a forum that he has zero connection toâ both unpersuasive and unavailing.62 The traditional specific personal jurisdiction test is therefore satisfied. On this basis, the Court can and will exercise specific personal jurisdiction over Douglas. B. The âEffects Testâ Even if DR Bank was unable to satisfy the traditional specific jurisdiction test, that would not settle the matter as to Douglas. Instead, DR Bank could rely on the distinct âeffects testâ established by the Supreme Court in Calder.63 And under that legal framework, the Court can exercise specific personal jurisdiction over Douglas as to the intentional tort claims asserted here. Unlike the traditional specific personal jurisdiction inquiry, which focuses principally on the defendantâs contacts with the forum, the Calder âeffects testâ prioritizes the location where the plaintiff suffered the brunt of the harm. Specifically, the Third Circuit instructs that the effects test requires a plaintiff to show the following: (1) The defendant committed an intentional tort; (2) The plaintiff felt the brunt of the harm in the forum such that the forum can be said to be the focal point of the harm suffered by the plaintiff as a result of that tort; and  62 Doc. 14 (D. McGregor Reply) at 6. (3) The defendant expressly aimed his tortious conduct at the forum such that the forum can be said to be the focal point of the tortious activity.64 By satisfying these three elements, a plaintiff âcan demonstrate a courtâs jurisdiction over a defendant even when the defendantâs contacts with the forum alone are far too small to comport with the requirements of due process under [the] traditional analysis.â65 Despite these differences between the traditional specific jurisdiction analysis and the effects test, the Third Circuit recognizes that the tests âare cut from the same cloth,â as both ârequire a similar type of âintentionalityâ on the part of the defendant.â66 Accordingly, the âexpressly aimedâ element must be met before the first two elements may be considered.67 To satisfy the âexpressly aimedâ requirement, a plaintiff âmust demonstrate âthe defendant knew that the plaintiff would suffer the brunt of the harm caused by the tortious conduct in the forum, and point to specific activity indicating that the defendant expressly aimed its tortious conduct at the forum.ââ68 Importantly, the Third Circuit as well as other district courts within this circuit have âsupport[ed]  64 Marten, 499 F.3d at 297. 65 Id. (internal quotation marks, ellipses, and citation omitted). 66 Id. (citing Toys âRâ Us, Inc. v. Step Two, S.A., 318 F.3d 446, 455 n.6 (3d Cir. 2003)). 67 Id. the proposition that an intentional tort seeking to thwart the payment of a judgment is expressly aimed at the forum where judgment was entered.â69 Here, Douglas knew or should have known that DR Bank would suffer the brunt of the harm caused by his allegedly tortious conductâthat is, accepting the payments from his father, causing the funds to transfer from Pennsylvania to Virginiaâin the state where the outstanding judgment was indexed: Pennsylvania. After DR Bank secured a judgment against Jack McGregor in the Superior Court of Connecticut,70 it learned that Jack relocated to Pennsylvania and then filed a Praecipe to File and Index Foreign Judgment in the Court of Common Pleas of Union County, effectively asking Pennsylvania courts to enforce the judgment debt originating out of Connecticut.71 Jack challenged DR Bankâs efforts to localize the judgment debt in Pennsylvania, but he was rebuffed.72 According to DR Bank, Jack made the two separate $7,000 payments to Douglas in 2020ââaround the same time as the [Connecticut] Judgment was indexed and [Jack] was served with the relevant documents.â73 Douglas does not  69 Warren Hill, LLC v. Neptune Investors, LLC, 2020 WL 2126798, at *3 (E.D. Pa. May 5, 2020) (citing Gambone v. Lite Rock Drywall, 288 F. Appâx 9, 13â14 (3d Cir. 2008); Eddystone Rail Co., LLC v. Rios, 2018 WL 5920746, at *4 (E.D. Pa. Nov. 13, 2018); DCK/TTEC, LLC v. Postel, 2015 WL 2341284, at *4 (W.D. Pa. May 14, 2015); Brocious Trucking, Inc. v. BFL, Inc., 2010 WL 569559, at *2 (W.D. Pa. Feb. 11, 2010); State Farm Mutual, Automobile Insurance Co. v. Tzâdoko VâCHESED of Klausenberg, 543 F. Supp. 2d 424, 430â31 (E.D. Pa. 2008)). 70 See Doc. 1-1, Ex. A (Dec. 18, 2017, Connecticut Superior Court Order). 71 See Doc. 1-2, Ex. B (Jan. 22, 2020, Praecipe to File and Index Foreign Judgment). 72 See Doc. 1-3, Ex. C (Dec. 22, 2020, Order Denying Petition to Open Judgment). disclaim knowledge of his fatherâs debts to DR Bank or DR Bankâs efforts to secure payment on that debt in Pennsylvania;74 instead, he attempts to explain away the âunusualâ timing of the $7,000 payments from his father, asserting that â[i]n reality, the two payments sent to Douglas by his father are far from âunusualâ given the familial relationship.â75 But he then undercuts his own explanation, declaring that â[a]part from these checks, I have not received anything from my father of any material value during the last five (5) years, including monetary payments of any kind.â76 Moreover, as discussed, by accepting the payments from his fatherâwho Douglas knew lived in and operated out of Pennsylvania77â Douglas knowingly caused money to be transferred from his fatherâs Pennsylvania-based bank account to Douglasâs account in Virginia. Given DR Bankâs judgment debt filing in Pennsylvania, the suspicious timing of Jackâs payments to Douglas, and Douglasâs acknowledgment that these payments were indeed âunusualâ in that they were the only time his father provided him any financial support in the past five years, this Court finds that DR Bank has met its burden, at this juncture, of establishing that Douglas engaged in tortious conduct âexpressly aimedâ at Pennsylvaniaâthe forum where the  74 See Doc. 11-1, Ex. A (Nov. 2, 2022, D. McGregor Decl.). 75 Doc. 14 (D. McGregor Reply) at 2 n.1. 76 Doc. 11-1, Ex. A (Nov. 2, 2022, D. McGregor Decl.) ¶ 7. 77 See id. ¶ 4 (âI have visited Pennsylvania for short stays for non-business purposes a handful of times over the last five (5) years,â including âonce to visit my father in Mifflinburg, judgment at issue here âwas entered.â78 Further, Douglas does not dispute DR Bankâs assertion that it felt the âbrunt of the harmâ of any interference with its âability to satisfy its Pennsylvania judgmentâ here in the Commonwealth.79 Accordingly, DR Bank has satisfied all elements of the effects test and made a prima facie showing of this Courtâs specific jurisdiction over Douglas. IV. CONCLUSION Contrary to Douglasâs claims, wire transfers initiated in, and directed from, the forum state can serve as a district courtâs basis for exercising personal jurisdiction over the transfer recipientâeven when the recipient lived in, and received the transfers outside, the forum. Indeed, this Court finds that the circumstances surrounding Jackâs payments to Douglas (sent from Pennsylvania around the time the judgment against Jack was indexed here in the Commonwealth) and the alleged purpose of those payments (to help Jack evade the Pennsylvania judgment) permit this Court to exercise specific personal jurisdiction over Douglas. As such, Douglasâs motion to dismiss is denied. An appropriate Order follows. BY THE COURT: s/ Matthew W. Brann Matthew W. Brann Chief United States District Judge  78 Warren Hill, 2020 WL 2126798 at *3. 79 See Doc. 13 (DR Bank Opp.) (citing M3 USA Corp. v. Hart, 516 F. Supp. 3d 476, 498 (E.D.
Case Information
- Court
- M.D. Penn.
- Decision Date
- April 10, 2023
- Status
- Precedential