|BRUBACHER EXCAVATING, INC. v. COMMERCE BANK/HARRISBURG, N.A. |
No. 96 MDA 2009 2010 PA Super 67 Atlantic: n/a Filed: 4/23/2010
|Appeal from the Order Entered December 22, 2008,|
Court of Common Pleas, Lancaster County,
Civil Division, at No. CI-07-10434.
|Before: MUSMANNO, SHOGAN, JJ. and McEWEN, P.J.E.|
|Opinion by: SHOGAN, J.|
|Commerce Bank/Harrisburg, N.A. (“Appellant”) appeals from the order entering summary judgment in favor of Brubacher Excavating, Inc. (“Appellee”). Because we hold that the trial court erred in awarding pre-judgment interest, we vacate and remand for modification of the judgment consistent with this Opinion.|