Superior Court reversed holding of trial court ruling to transfer venue from Philadelphia to Bucks County, where defendant was personally served in Philadelphia venue in Philadelphia was proper.

The state Superior Court has reversed a trial court ruling that venue in Philadelphia was improper when a defendant had been served personally in Philadelphia, finding that Philadelphia Common Pleas Court Judge Allan L. Tereshko committed an error of law by finding that the plaintiffs' case should be transferred to Bucks County because venue was improper in Philadelphia. Tereshko granted defendant Sandra Thompson's preliminary objections to venue within Philadelphia because the underlying car accident occurred in Bucks County, all the litigants reside in Bucks County and the witnesses are located in Bucks County, according to the opinion by Judge Lazarus. Defendant Thompson was served with the complaint at her workplace in Philadelphia. The Superior Court noted that Judge Tereshko committed an abuse of discretion by misapplying Pennsylvania Rule of Civil Procedure 402(a). While Judge Tereshko reasoned that Thompson had to be served at her place of business for venue to be proper in Philadelphia, Rule 402(a) "clearly states that service may be effected by 'handing a copy to the defendant.'"

Case Law Alert - 3rd Qtr 2011