Nicholas Malfitano Jul. 15, 2015, 12:03pm


PHILADELPHIA – An evidentiary hearing to determine if a group of defendants’ allegations of improper venue in the Philadelphia County Court of Common Pleas relating to a pending negligence action was conducted Tuesday.

While the hearing was originally scheduled for June 3, plaintiff Robert Beard’s counsel applied for and was granted a continuance on May 29. The hearing was to feature arguments, depositions and live testimony over the proper venue of Beard’s negligence lawsuit - either the Philadelphia County Court of Common Pleas, or its counterpart in Delaware County..

The hearing was first requested through counsel for the defense, in a set of preliminary objections dated March 12.

In January, Beard of Prospect Park filed suit against Robert and Robyn Siter of Folcroft, Norcroft Corp. of Berwyn and M. Barry Schultz & Co. of Southampton over an alleged fall he suffered the previous year.

On March 5, 2014, Beard was walking on the property at 2300-2315 Delmar Drive in Folcroft, owned and operated by the defendants.

He claims he fell on said property due to a sign that was buried under a recent snowfall and the defendants’ collective negligence in not properly inspecting, maintaining or warning people on the property permitted such a dangerous condition to exist.

Among other injuries, Beard claimed to have suffered “post-traumatic cephalgia, cervical injuries, thoracic injuries, lumbosacral injuries, nervous system shock, physical pain, mental anguish and lost earnings.”

In March, defense counsel objected to Beard’s complaint on the grounds of improper venue. According to the defense, since the alleged fall occurred in Folcroft in Delaware County, the case should not be heard in Philadelphia County.

Court records show that Robert and Roslyn Siter have indicated through their representation that they are “not amenable” to the case being heard in Philadelphia, and the burden of proof is on the plaintiff to provide evidence that defendants Norcroft Corp. and M. Barry Schultz & Co. do business in Philadelphia County.

The plaintiff is seeking an amount in excess of $50,000 and in excess of the Court’s arbitration limits in this case.

The plaintiff is represented by Craig A. Falcone of Sacchetta & Falcone, in Media.

The defendants are represented by David E. Goldberg, Stephen J. Bruderle and Moira J. Poper, all in Philadelphia. 

Philadelphia County Court of Common Pleas case 150102915

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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