ROBERT G. STEWART, as Attorney-in–Fact for Ruth Davidson v. GGNSC-CANONSBURG, L.P., d/b/a/ Golden Living Center-South Hills; GGNSC CANONSBURG GP, L.L.

ROBERT G. STEWART, as Attorney-in–Fact for Ruth Davidson v. GGNSC-CANONSBURG, L.P., d/b/a/ Golden Living Center-South Hills; GGNSC CANONSBURG GP, L.L.C.; GGNSC EQUITY HOLDINGS, L.L.C.; GOLDEN GATE NATIONAL SENIOR CARE, L.L.C, d/b/a/ Golden Living GGNSC Holdings, L.L.C, d/b/a/ Golden Horizons No. 6 WDA 2010 2010 PA Super 199 Atlantic: n/a Filed: 11/4/2010
	Appeal from the Order entered December 17, 2009, in the Court of Common Pleas, Washington County, Civil, at No. 2009-1667
Before: MUSMANNO, SHOGAN, and ALLEN, JJ.
Opinion by: ALLEN, J.
In this appeal, various defendants listed in the caption above (“Appellants”) contend that the trial court erred in denying their preliminary objections seeking to compel the enforcement of an arbitration agreement. We affirm.

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VICTOR M. SACKETT AND DIANA L. v. NATIONWIDE MUTUAL INSURANCE, COMPANY

VICTOR M. SACKETT AND DIANA L. v. NATIONWIDE MUTUAL INSURANCE, COMPANY No. 943 WDA 2009 2010 PA Super 129 Atlantic: n/a Petition for Reargument Filed 8/2/2010 Filed: 7/21/2010
	Appeal from the Judgment entered May 19, 2009, Court of Common Pleas, Westmorland County, Civil, at No. 5057 of 2002
Before: ALLEN, COLVILLE,* and CLELAND,* JJ.
Opinion by: ALLEN, J.
In this automobile insurance contract dispute, Nationwide Mutual Insurance Company (“Appellant”) appeals from the trial court’s grant of declaratory relief in favor of Victor M. Sackett and Diana L. Sackett (the “Sacketts”). We affirm.

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TREVDAN BUILDING SUPPLY v. TOLL BROTHERS, INC. T/D/B/A TOLL BROS., INC., TOLL PA IV LP, TOLL PA VI LP, AND ITS RELATED ENTITIES, MEMBERS, PARTNERS

TREVDAN BUILDING SUPPLY v. TOLL BROTHERS, INC. T/D/B/A TOLL BROS., INC., TOLL PA IV LP, TOLL PA VI LP, AND ITS RELATED ENTITIES, MEMBERS, PARTNERS, AND SUBSIDIARIES,GULF COAST BANK AND TRUST COMPANY D/B/A GULF COAST BUSINESS CREDIT v. TOLL BROTHERS, INC. No. 404 EDA 2009 2010 PA Super 100 Atlantic: n/a Filed: 5/28/2010
	Appeal from the Order Entered January 14, 2009, In the Court of Common Pleas of Montgomery County, Civil Division, at No(s): 05-24499.
Before: STEVENS and BOWES, JJ., and McEWEN, P.J.E.
Opinion by: BOWES, J.
Trevdan Building Supply (“Trevdan”) appeals from the order granting the counter-petition for payment in an interpleader proceeding filed by Gulf Coast Bank and Trust Company d/b/a Gulf Coast Business Credit (“Gulf Coast”). That same order divided the interpleaded funds totaling $118,934.00 as follows: Gulf Coast was awarded $89,194.00; Toll Brothers, Inc. (“Toll Brothers”) received $15,000.00 for attorneys’ fees; and Trevdan was granted the remaining $14,740.00. We reverse and remand with directions. We also deny Gulf Coast’s motion for sanctions.

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THE McNAUGHTON PROPERTIES, LP and MIDPENN ESTATES v. TERRY N. BARR and QUINN K. BARR

THE McNAUGHTON PROPERTIES, LP and MIDPENN ESTATES v. TERRY N. BARR and QUINN K. BARR, Husband and Wife, No. 1468 MDA 2008 2009 PA Super 173 Atlantic: 981 A.2d 222 Filed: 9/1/2009
	Appeal from the Order entered July 22, 2008, Court of Common Pleas, Cumberland County, Civil Division at No. 08-1975
Before: BOWES, DONOHUE and FREEDBERG, JJ.
Opinion by: DONOHUE, J.
Appellants, The McNaughton Properties, LP, and MidPenn Estates (collectively “McNaughton”), appeal from the trial court’s order dated July 22, 2008 sustaining the preliminary objections of Appellees, Terry N. Barr and Quinn K Barr (collectively, the “Barrs”). This case raises an issue of first impression in Pennsylvania: whether a court may order the relocation of an express easement. For the reasons that follow, we conclude that under existing Pennsylvania law, express easements must be construed according to contract interpretation principles, and thus we are without authority to modify the terms of an unambiguous express easement. Hence, we affirm the trial court’s dismissal of McNaughton’s declaratory judgment action.

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Superior Court - DOUGLAS L. THOMPSON v. T.J. WHIPPLE CONSTRUCTION COMPANY

DOUGLAS L. THOMPSON v. T.J. WHIPPLE CONSTRUCTION COMPANY No. 324 WDA 2008 2009 PA Super 57 Atlantic: n/a Petition for Reargument Denied 5/29/2009 Filed: 3/30/2009
	Appeal from the Order of January 17, 2008, in the Court of Common Pleas of Erie County, Civil Division, at No. 2005-13538.
Before: BOWES, FREEDBERG AND POPOVICH, JJ.
Opinion by: BOWES, J.
Null

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Superior Court - ADP, INC. v. MORROW MOTORS INC., T/D/B/A MORROW FORD

ADP, INC. v. MORROW MOTORS INC., T/D/B/A MORROW FORD No. 863 WDA 2008 2009 PA Super 52 Atlantic: 969 A.2d 1244 Filed: 3/26/2009
	Appeal from the Judgment May 6, 2008, In the Court of Common Pleas of Beaver County, Civil Division at No. 10352-2006.
Before: BOWES, FREEDBERG, and POPOVICH, JJ.
Opinion by: POPOVICH, J.
Appellant Morrow Motors, Inc., t/d/b/a Morrow Ford, appeals the entry of summary judgment in the amount of $131,340.60 in favor of Appellee ADP, Inc. We reverse.

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Superior Court - LUZ LUGO AND YESENIA MARCO ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED INDIVIDUALS v. FARMERS PRIDE, INC.

LUZ LUGO AND YESENIA MARCO ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED INDIVIDUALS v. FARMERS PRIDE, INC. No. 582 EDA 2007 2009 PA Super 5 Atlantic: 967 A.2d 963 Petition for Reargument Denied 3/18/2009 Filed: 1/15/2009
	Appeal from the Order Dated February 1, 2007, in the Court of Common Pleas of Philadelphia County Civil Division at No. July Term, 2006, No. 002187
Before: FORD ELLIOTT, P.J., PANELLA AND KELLY, JJ.
Opinion by: FORD ELLIOT, P.J.
In this appeal of a class action, appellants challenge the sustaining of preliminary objections to their complaint. Among those objections were two in the nature of a demurrer, which encompassed each of the four substantive counts of appellants’ complaint, and which effectively terminated the litigation and disposed of the entire case. The court also sustained an objection to venue in Philadelphia County. Upon review, we reverse and remand for further proceedings.

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Superior Court - FLOORS, INC. D/B/A CREATIVE TOUCH v. WILLIAM C. ALTIG AND JULIE A. ALTIG

FLOORS, INC. D/B/A CREATIVE TOUCH v. WILLIAM C. ALTIG AND JULIE A. ALTIG No. 1173 eda 2008 2009 PA Super 2 Atlantic: 963 A.2d 912 Filed: 1/7/2009
	Appeal from the Order entered March 19, 2008 In the Court of Common Pleas of Chester County Civil at No(s): 07-12260
Before: STEVENS, KLEIN, and CLELAND, JJ.
Opinion by: STEVENS, J.
This is an appeal from the Order entered in the Court of Common Pleas of Chester County on March 19, 2008, sustaining the Preliminary Objections of Appellees William C. Altig and Julie A. Altig (hereinafter “Appellees”) and striking the Mechanics’ Lien Claim filed by Appellant Floors, Inc., d/b/a Creative Touch Interiors (hereinafter “Appellant”). We affirm

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Superior Court 9/22/08 - RICHARD BETZ AND DONNA BETZ v. ERIE INSURANCE EXCHANGE

RICHARD BETZ AND DONNA BETZ v. ERIE INSURANCE EXCHANGE
No. 3067 EDA 2007 2008 PA Super 221 Atlantic: n/a Filed: 9/22/2008
Appeal from the Judgment Entered January 3, 2008 In the Court of Common Pleas of Philadelphia County Civil Division at No.: No. 1247 September Term, 2005
Before: STEVENS, MUSMANNO and BENDER, JJ.
Opinion by: BENDER, J.
Erie Insurance Exchange appeals the judgment in favor of Richard Betz and Donna Betz (the Betzes), which awarded damages on the Betzes’ claims for insurance coverage under a “Sinkhole Collapse” endorsement to the Betzes’ homeowners’ insurance policy. Initially, Erie raises multiple claims of error in support of an award of a new trial. These claims include, inter alia, error in finding the Sinkhole Collapse endorsement legally ambiguous, apportioning the burden of proof to demonstrate coverage under the policy, admitting certain testimony of the Betzes’ expert while restricting other testimony by Erie’s expert, instructing the jury concerning exclusions under Erie’s policy of insurance, and refusing special interrogatories to the jury. In addition, Erie asserts that the trial court should properly have entered judgment notwithstanding the verdict, and the court abused its discretion in denying Erie’s motion for remittitur. Upon review, we find Erie’s claims without merit. According, we affirm the judgment of the trial court.

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Superior Court 7/23/08 - PREFERRED FIRE PROTECTION, INC. v. JOSEPH DAVIS, INC., AND LIBERTY MUTUAL INSURANCE COMPANY

PREFERRED FIRE PROTECTION, INC. v. JOSEPH DAVIS, INC., AND LIBERTY MUTUAL INSURANCE COMPANY
o. 445 WDA 2007 2008 PA Super 162 Atlantic: n/a Filed: 7/23/2008
Appeal from the Order Entered August 8, 2006,in the Court of Common Pleas of Allegheny County,Civil Division at No. GD No. 04-10243.
Before: BENDER, BOWES and TAMILIA, JJ.
Opinion by: BOWES, J.
Preferred Fire Protection, Inc. (“Preferred”) appeals from the August 8, 2006 order granting the motion for summary judgment in favor of Liberty Mutual Insurance Company (“Liberty”), the commercial surety that posted a Labor and Materialmen’s Payment Bond (“Bond”) on behalf of Joseph Davis, Inc. (“JDI”), the general contractor, in connection with a contract between Preferred and JDI for the installation of a fire protection sprinkler system for a parking garage project. We reverse and remand.

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Superior Court 7/21/08 - JAMES QUINN v. MICHAEL BUPP

JAMES QUINN v. MICHAEL BUPP
No. No. 317 & 827 WDA 2007 2008 PA Super 161 Atlantic: n/a Filed: 7/21/2008
Appeal from the Order Entered January 17, 2007, in the Court of Common Pleas of Allegheny County, Civil Division, at No. GD 05-003069.
Before: BENDER, BOWES AND TAMILIA, JJ.
Opinion by: BOWES, J.
This appeal and cross-appeal followed the trial court’s determination that Michael Bupp (“Seller”) breached a real estate sales agreement and its pretrial ruling that limited the amount of damages recoverable by James Quinn (“Buyer”). We affirm the trial court’s conclusion that Buyer is entitled to specific performance of the agreement, but we reverse in part its decision to restrict the amount of damages that Buyer is entitled to recover. We remand solely for a hearing on damages as further outlined in this adjudication.

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Superior Court 6/30/08 - RAYMOND CHURCH v. STEPHEN TENTARELLI AND CARYN TENTARELLI

RAYMOND CHURCH v. STEPHEN TENTARELLI AND CARYN TENTARELLINo. 2727 EDA 2007 2008 PA Super 139 Atlantic: n/a Filed: 6/30/2008
Appeal from the Judgment entered in the Court of Common Pleas of Bucks County, Civil Division, No(s): 0407550-25-1
Before: BOWES, GANTMAN and TAMILIA, JJ.
Opinion by: TAMILIA, J.
Raymond Church appeals the aggregate judgment of $24,500 entered on October 19, 2007, in favor of appellees Stephen and Caryn Tentarelli after a jury found both Church and the Tentarellis in breach of contract.
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A timely notice of appeal followed and Church was directed to file a
Rule 1925(b) statement on October 24, 2007. See generally, Pa.R.A.P.
1925, Opinion in Support of Order. Church complied with the directive in
a timely fashion and, on November 8, 2007, the trial court issued a Rule
1925(a) Opinion. Church raises four verbosely worded issues on appeal. In
sequence, Church contends the trial court erred in denying his motion for
compulsory non-suit, his motion for a directed verdict, and his motion for
JNOV. The argument in support of these allegations is duplicative. With
respect to the final issue raised, Church contends the trial court erred in
molding the verdict by directing Keystone Nazareth Bank to release the
escrowed funds to the Tentarellis pending the outcome of this appeal
because, if Church should prove successful on appeal, he will be deprived of
access to a readily available source of funds to satisfy his judgment.

Superior Court 6/5/08 - LSI TITLE AGENCY, INC. F/K/A LENDER’S SERVICE, INC. v. EVALUATION SERVICES, INC.

LSI TITLE AGENCY, INC. F/K/A LENDER’S SERVICE, INC. v. EVALUATION SERVICES, INC.
No. 821 WDA 2007 2008 PA Super 126 Atlantic: n/a Filed: 6/6/2008
Appeal from the Order Entered April 11, 2007In the Court of Common Pleas of Allegheny CountyCivil Division at No. GD 06-030236
Before: BENDER, BOWES and TAMILIA, JJ.
Opinion by: BENDER, J.
Evaluation Services, Inc. (ESI) appeals from the order, dated April 9, 2007, and entered April 11, 2007, that granted the motion for judgment on the pleadings filed by LSI Title Agency, Inc. f/k/a Lender’s Service, Inc. (LSI). In the same order, the court precluded ESI from litigating and/or continuing its breach of contract claim before the American Arbitration Association and denied ESI’s motion for judgment directing arbitration. For the reasons that follow, we affirm.

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Superior Court 5/5/2008 - PETER E. STOECKINGER v. PRESIDENTIAL FINANCIAL CORPORATION OF DELAWARE VALLEY

PETER E. STOECKINGER v. PRESIDENTIAL FINANCIAL CORPORATION OF DELAWARE VALLEY
No. 2327 WDA 2006 2008 PA Super 95 Atlantic: n/a Filed: 5/5/2008
Appeal from the Order Entered November 9, 2006In the Court of Common Pleas of Washington CountyCivil Division at No. 2005-2937
Before: BENDER, BOWES and TAMILIA, JJ.
Opinion by: BENDER, J.
Peter E. Stoeckinger appeals from the order granting the motion for summary judgment filed by Presidential Financial Corporation of Delaware Valley in Stoeckinger’s action against Presidential for unjust enrichment and tortious interference with contract. Stoeckinger argues that the trial court erred in determining that his claims were barred by res judicata due to a prior bankruptcy proceeding involving the parties herein. For the following reasons, we affirm.

Superior Court 05/05/08 - MARGARET P. SHEPARD v. TEMPLE UNIVERSITY

MARGARET P. SHEPARD v. TEMPLE UNIVERSITY
No. 1726 EDA 2007 2008 PA Super 93 Atlantic: n/a Filed: 5/5/2008
Appeal from the Order entered June 18, 2007,in the Court of Common Pleas of Philadelphia County,Civil, at No. 2589, April Term, 2006.
Before: KLEIN, GANTMAN and ALLEN, JJ.
Opinion by: ALLEN, J.
Concurring Statement by: KLEIN, J.
Margaret P. Shepard (“Dr. Shepard”) appeals from the order of the trial court that granted summary judgment in favor of Temple University (“Temple”) in this breach of contract action. We affirm.