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2011 PA Super 225
JOSEPH A. SCHULTZ AND DOROTHY A. SCHULTZ, HIS WIFE,
Appellants
v. MMI PRODUCTS, INC., T/D/B/A
MEADOW-BURKE  PRODUCTS,  A.L.  
PATTERSON,  INC.,  GAMBONE  
DEVELOPMENT  CO.,  GAMBONE  
CONSTRUCTION  CO.,  AND  MODERN  

PRECAST CONCRETE, INC., Appellees
IN THE SUPERIOR COURT OF

PENNSYLVANIA

No. 3363 EDA 2010
Appeal from the Order Entered November 1, 2010
in the Court of Common Pleas of Philadelphia County
Civil Division at No.: December Term, 2009 No. 091201860

JOSEPH A. SCHULTZ AND DOROTHY A. SCHULTZ, HIS WIFE,
Appellants
v. MMI PRODUCTS, INC., T/D/B/A
MEADOW-BURKE  PRODUCTS,  A.L.  
PATTERSON,  INC.,  GAMBONE  
DEVELOPMENT  CO.,  GAMBONE  
CONSTRUCTION  CO.,  AND  MODERN  

PRECAST CONCRETE, INC., Appellees
IN THE SUPERIOR COURT OF
PENNSYLVANIA

No. 3364 EDA 2010

Appeal from the Order Entered November 1, 2010
in the Court of Common Pleas of Philadelphia County
Civil Division at No.: December Term, 2009 No. 091201860

JOSEPH A. SCHULTZ AND DOROTHY A. SCHULTZ, HIS WIFE,
Appellants
v. MMI PRODUCTS, INC., T/D/B/A
MEADOW-BURKE  PRODUCTS,  A.L.  
PATTERSON,  INC.,  GAMBONE  
DEVELOPMENT  CO.,  GAMBONE  
CONSTRUCTION  CO.,  AND  MODERN  

PRECAST CONCRETE, INC.,

IN THE SUPERIOR COURT OF
PENNSYLVANIA

Appellees No. 3366 EDA 2010
Appeal from the Order Entered November 1, 2010
in the Court of Common Pleas of Philadelphia County
Civil Division at No.: December Term, 2009 No. 091201860

BEFORE: BOWES, ALLEN, and PLATT*, JJ.
OPINION BY PLATT, J.: Filed: October 21, 2011

Appellants, Joseph A. Schultz, and Dorothy A. Schultz, his wife, appeal from the orders of the Court of Common Pleas of Philadelphia County sustaining the preliminary objections of Appellees, Modern Precast Concrete, Inc., and A.L. Patterson, Inc., to venue and transferring these consolidated cases1 to Lehigh County. We affirm.
* Retired Senior Judge assigned to the Superior Court.
1 These cases were consolidated sua sponte, per curiam, by order of February 9, 2011.
Appellants allege that on January 16, 2008,2 Appellant, Joseph A. Schultz, sustained injuries while working as a pipe foreman for a contracting company, at a construction site in Lehigh County3 when an anchor device in a twenty ton concrete box culvert broke, causing a come-along to whip back and strike him in the head, face, chest and arms.4 Appellants are residents of Schuylkill County.
On December 18, 2009, Appellants commenced an action in the Court of Common Pleas of Philadelphia County by filing a writ of summons against MMI Products, Inc., T/D/B/A Meadow-Burke Products, A.L. Patterson, Inc.
(A.L. Patterson), Gambone Development Company, Gambone Construction Company, and Modern Precast Concrete, Inc. (Modern Precast).  On July 28, 2010, Appellants filed a complaint against all Appellees, asserting several theories of liability.5
All Appellees filed preliminary objections, on various grounds, and Appellants filed an amended complaint.  All of the Appellees again filed
2 The Trial Court Opinion recites the date of the accident as May 16, 2008. (See Trial Court Opinion, 5/16/10, at 1).  
3 Except for the reference to Lehigh County, Appellants do not specify the location of the place of injury.
4 A come-along is a type of winch usually consisting in part of a cable.
5 Mrs. Schultz sued for loss of consortium.  Only Mrs. Schultz signed a verification for the amended complaint.
preliminary objections.  In particular, Modern Precast and A.L. Patterson objected to venue on the ground that they did not regularly conduct business in Philadelphia County.  Modern Precast attached an affidavit from its chief financial officer, averring in pertinent part that it had three business locations: Bethlehem, PA, in Lehigh County; Easton, PA, in Northampton County; and Ottsville, PA, in Bucks County, all outside of Philadelphia, and that it neither owned nor leased property in Philadelphia County. Furthermore, the affidavit stated that in both 2008 and in 2009 only .8% of Modern Precast

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Pennsylvania Law