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Estate of Werner v. Werner

Transfer of venue affirmed because none of the activities alleged against plaintiffs occurred within county in which they brought the action; plaintiffs' civil conspiracy allegations failed to set forth a cause of action arising in that county as the ancillary connection between defendants and county was insufficient to constitute a transaction or occurrence upon which venue could be based.

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OPINION

� 1 This is an appeal from the order of the trial court sustaining Appellees’ preliminary objections to venue and transferring the action to the Court of Common Pleas of Mercer County. After careful review, we affirm.

� 2 Appellants are the estates of Leo and Anne Werner, a trust (the Elizabeth Werner Trust), whose sole beneficiary is their daughter (Elizabeth Werner), Elizabeth Werner’s two children (Jeffrey R. Ackerman and Matthew W. Weiss) and a nephew of Leo Werner (Edward A. Pollack). This dispute arises from a disagreement over decisions made relating to assets of the family business, the Werner Company, which has its corporate headquarters located in Mercer County, Pennsylvania. By way of background, Leo Werner and his two brothers (Herbert and R.D. Werner) founded the Werner Company in 1945, which eventually became the largest manufacturer of ladders and other climbing equipment in the United States. All three of the founders are now deceased.

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