Mazzuca v. Abreu, 2024 Pa. Super. LEXIS 45 (February 12, 2024) (Stevens, P.J.E.).
In appellant’s affidavit that she served Dr. Abreu in Philadelphia County provides support for her choice of venue. Appellees, as the moving parties, have the burden of proving that a change of venue is necessary. As the trial court erred in determining that there was no contested issue of fact regarding venue, the Superior Court vacated the trial court’s order sustaining appellee’s preliminary objections as to venue. The court remanded for the trial court to allow the parties to present evidence as to whether venue was proper in Philadelphia based upon appellant’s claim that she served Dr. Abreu at her “office or usual place of business” pursuant to Pennsylvania Rule of Civil Procedure 402(a)(2)(iii). Order is vacated.
