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TERRY L. MARCOALDI AND GEORGIA CAROL MARCOALDI v. GLENN M. GAYMAN (04/04/85)

April 4, 1985

TERRY L. MARCOALDI AND GEORGIA CAROL MARCOALDI, HIS WIFE, APPELLANTS
v.
GLENN M. GAYMAN, RONALD E. GAYMAN, AND G. CLIFFORD GAYMAN, INDIVIDUALLY AND T/D/B/A HILLSIDE POULTRY FARMS, A PARTNERSHIP AND T.A.M. AGRI, INC. A CORPORATION



No. 224 Harrisburg 1984, Appeal from the Order of the Court of Common Pleas, Civil Division, of York County at No. 83-S 229.

Before Wickersham, Wieand and Del Sole, JJ. Del Sole, J. files a concurring and dissenting statement.

Per Curiam:

Order affirmed.

DEL SOLE, J. files a concurring and dissenting statement.

DEL SOLE, J.

While I concur in the result reached by the Majority relative to the first issue raised on appeal, I must respectfully dissent from the Court's affirming the change of venue in this case. Since the witnesses in this case would come from many counties in addition to York and Franklin, since compulsory process exists to the benefit of all parties to compel the attendance of those witnesses and since it is a very rare case that requires a view of premises in a personal injury action, I do not find that the forum of York County is less convenient to any degree which would warrant a change of venue in this case. Therefore, I dissent.

19850404

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