Wednesday, July 3, 2024

Trial Court Grants Preliminary Objections Asserting Improper Venue in Philadelphia County

In the case of Smith v. Rodriguez, No. 220602304 (C.P. Phila. Co. Nov. 14, 2023 Carpenter, J.), the court sustained Preliminary Objections raising improper venue and, as a result, transferred this Philadelphia County case to Northampton County.

In this Rule 1925 Opinion addressed to the Superior Court, the trial court requested an affirmance of its trial court Order sustaining the Preliminary Objections to improper venue.

The trial court reviewed the evidence and found that the Defendant’s conduct of coordinating shipments via the Philadelphia Airport or the Philadelphia Seaport was insufficient to meet the test of proper venue for Philadelphia County pursuant to Pa. R.C.P. 2179.

The court stated that there was no evidence in the record to support a finding that the Defendant did business in Philadelphia that was regular, continuous, and habitual.

The court found that venue was proper as to all Defendants in Northampton County. Given that the Plaintiff did not request another county as an alternative venue, the case was ordered to be transferred to Northampton County.

In this Rule 1925 Opinion, the trial court requested the Superior Court to affirm the trial court’s Opinion.

Anyone wishing to review a copy of this decision may click this LINK.

Source: The Legal Intelligencer Common Pleas Case Alert” (June 12, 2024).

Source of image:  Photo by Nick Fewings on

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