IRA G. STEFFY & SON, INC. v. CITIZENS BANK OF PENNSYLVANIA

IRA G. STEFFY & SON, INC. v. CITIZENS BANK OF PENNSYLVANIA No. 2481 EDA 2009 2010 PA Super 175 Atlantic: n/a Filed: 9/17/2010
	Appeal from the Order entered August 7, 2009 In the Court of Common Pleas of Lehigh County Civil No. 2009-C-2091
Before: BENDER, OTT and KELLY, JJ.
Opinion by: KELLY, J.
Appellant/Plaintiff, Ira G. Steffy & Son, Inc., appeals from the order entered in the Lehigh County Court of Common Pleas sustaining the preliminary objections of Appellee/Defendant, Citizens Bank of Pennsylvania, and dismissing Appellant’s amended complaint. After an extensive review of the record, we affirm the trial court’s opinion, finding that Appellant, a subcontractor who was not paid for work performed on a project after Appellee bank failed to release construction funds to the developer, has failed to state a claim for relief against Appellee.

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BRUBACHER EXCAVATING, INC. v. COMMERCE BANK/HARRISBURG, N.A.

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.

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