Silver v. Thompson
26 A.3d 514
| Pa. Super. Ct. | 2011Background
- Silver and Cohen, Bucks County residents, sued Thompson in Philadelphia County for a Bucks County collision.
- Thompson was personally served at her place of business in Philadelphia County.
- Thompson moved to transfer venue, arguing Bucks County was proper due to the incident location, parties, and witnesses.
- The trial court granted preliminary objections and transferred the case to Bucks County.
- The Superior Court held service was proper in Philadelphia and reversed the transfer, citing Rule 1006 and Rule 402.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Philadelphia proper as a venue for this action? | Silver and Cohen argue Philadelphia is proper under Rule 1006. | Thompson contends Bucks County is proper due to the accident occurring there. | Philadelphia venue proper; reverse and remand. |
| Was service of process on Thompson proper? | Service occurred personally in Philadelphia under Rule 402(a)(1). | Service was improperly directed to a location-specific provision under Rule 402(a)(2). | Service proper under Rule 402(a)(1). |
| Did the trial court misapply Rule 402 in transferring venue? | Transfer was improper because service was personal, not at residence/business per Rule 402(a)(2). | Transfer justified by Bucks County location; Rule 402(a)(2) applied. | Misapplication of Rule 402; transfer reversed. |
| Is there any need to consider forum non conveniens on the venue issue? | Not necessary since the issue is improper venue, not forum non conveniens. | Arguments were raised but not properly petitioned under Rule 1006. | Forum non conveniens not before the court; venue ruling governs. |
| Was there a waiver concern regarding service challenge? | Not addressed as the appeal focuses on venue. | Waiver of service challenge may be inferred if not raised in preliminary objections. | Addressed as venue issue; service challenge treated as preserved for this ruling. |
Key Cases Cited
- Gilfor v. Altman, 770 A.2d 341 (Pa. Super. 2001) (personal service may occur in any county where present)
- Kring v. Univ. of Pittsburgh, 829 A.2d 673 (Pa. Super. 2003) (abuse of discretion standard in venue transfers)
- Masel v. Glassman, 689 A.2d 314 (Pa. Super. 1997) (plaintiff's choice of forum given great weight)