The first incident occurred in 1993 at the Defendant's home. The second incident occurred in 1998 at Defendant's place of business. It is alleged that Plaintiff sustained severe and permanent injuries as a result of these incidents. Plaintiff resides with her family in Somerset County, New Jersey, and initiated the present action in this Court. Defendant Frampton is Plaintiff's grandfather by marriage and resides in Carbondale, Lackawanna County, Pennsylvania.
Defendant owns and operates a gas station which is also located in Carbondale, Pennsylvania.
Due to insurance coverages, Defendant is being represented by two law firms with respect to this action. The arguments raised by both counsel on the present motions are nearly identical and for purposes of judicial economy, the Court will consider the arguments jointly. Defendant argues that Plaintiff's Complaint should be dismissed with prejudice on the grounds of lack of personal jurisdiction and forum non conveniens . Defendant's Certification indicates that he and his wife lived in Pennsylvania at the time of the alleged incidents and has owned and operated said gas station in Pennsylvania since 1988. Defendant certifies that he has been a Pennsylvania resident for more than twelve years and has no ongoing contact with the State of New Jersey.