Nicholas Malfitano Jul. 14, 2016, 3:56pm


PHILADELPHIA – Paperwork has been filed to officially effectuate the transfer of a premises liability case emanating from Swarthmore to the Delaware County Court of Common Pleas for further proceedings.

George Vokolos filed a motion for preliminary objections on Jan. 13, seeking a transfer of Rita Armstrong’s case to the court in Delaware County. Vokolos argued this was proper because the defendants are based there and the subject incident also occurred there.

Paul D. Brandes filed an opposing motion on behalf of the plaintiff on Feb. 3, claiming Vokolos’ objection motion was “untimely.” Since the complaint was filed on Dec. 22, Brandes said under the law, Vokolos had 20 days to respond with his objection motion – with a due date of Jan. 11. Since the motion was filed after 22 days, on Jan. 13 and with no reason given for delay, Brandes asserted the objections should be stricken from the record.

On May 13, Judge John M. Younge sustained the preliminary objections from Vokolos and ordered the transfer of the case to the Delaware County Court of Common Pleas, pursuant to Pennsylvania Rules of Civil Procedure 1006(E) and 2179.

According to court records, plaintiff counsel Peter M. Villari filed a praecipe to effectuate the transfer on July 12, based on Younge’s May decision. Further proceedings in this case will now take place in the Delaware County Court of Common Pleas.

On May 26, 2014, Armstrong was walking from the shower house located near the pool at Strath Haven Condominiums in Swarthmore, when she allegedly tripped and fell on an unguarded and exposed water hose which was then being used to fill the pool.

Armstrong allegedly suffered injuries to her right leg, right hip, back and spine, plus severe shock to her nerves and nervous system.

The plaintiff is seeking damages in excess of $50,000, plus interest, costs and other relief in this case, from defendants Woolery Enterprises, Inc. in Wallingford and IM Pools Management, Inc. in Media.

The plaintiff is represented by Villari, Brandes and Nicole T. Matteo of Villari, Brandes & Giannone, in Conshohocken.

The defendants are represented by Vokolos of Mintzer Sarowitz Zeris Ledva & Meyers, in Philadelphia.

Philadelphia County Court of Common Pleas case 151100408

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

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