Summary
holding that “it is beyond dispute that an unconscionable fee-shifting provision, or a provision yielding unconscionable results, should not be enforced according to its terms”
Summary of this case from Mode v. S-L Distribution Co, LLCOpinion
2013-11-26
GRAYSTONE BANK, Appellee v. GROVE ESTATES, L.P., Appellant. Graystone Bank, Appellee v. Timothy F. Pasch, Appellant. Graystone Bank, Appellee v. Maximus Fugacious, LLC, Appellant. Graystone Bank, Appellee v. Timothy F. Pasch, Inc., Appellant. Graystone Bank, Appellee v. Grove Estates, LP, Appellant. Graystone Bank, Appellee v. Grove Estates, LP, Appellant. Graystone Bank, Appellee v. Timothy F. Pasch, Appellant. Graystone Bank, Appellee v. Maximus Fugacious, LLC, Appellant. Graystone Bank, Appellee v. Timothy F. Pasch, Inc., Appellant.
No. 49 MAP 2013, Appeal from the Order of the Superior Court at No. 123 MDA 2012, dated December 13, 2012, affirming the Order of the York County Court of Common Pleas, Civil Division, at No. 2011–SU–1047–40, Stephen P. Linebaugh, President Judge, dated December 19, 2011. No. 50 MAP 2013, Appeal from the Order of the Superior Court at No. 192 MDA 2012, dated December 13, 2012, affirming the Order of the York County Court of Common Pleas, Civil Division, at No. 2011–SU–1049–40, Stephen P. Linebaugh, President Judge, dated December 29, 2011. No. 51 MAP 2013, Appeal from the Order of the Superior Court at No. 193 MDA 2012, dated December 13, 2012, affirming the Order of the York County Court of Common Pleas, Civil Division, at No. 2011–SU–1050–40, Stephen P. Linebaugh, President Judge, dated December 29, 2011. No. 52 MAP 2013, Appeal from the Order of the Superior Court at No. 194 MDA 2012, dated December 13, 2012, affirming the Order of the York County Court of Common Pleas, Civil Division, at No. 2011–SU–1048–40, Stephen P. Linebaugh, President Judge, dated December 29, 2011. No. 53 MAP 2013, Appeal from the Order of the Superior Court at No. 195 MDA 2012, dated December 13, 2012, affirming the Order of the York County Court of Common Pleas, Civil Division, at No. 2011–SU–1047–40, Stephen P. Linebaugh, President Judge, dated December 29, 2011. No. 54 MAP 2013, Appeal from the Order of the Superior Court at No. 251 MDA 2012, dated December 13, 2012, affirming the Order of the York County Court of Common Pleas, Civil Division, at No. 2011–SU–1047–40, dated January 6, 2012. No. 55 MAP 2013, Appeal from the Order of the Superior Court at No. 252 MDA 2012, dated December 13, 2012, affirming the Order of the York County Court of Common Pleas, Civil Division, at No. 2011–SU–1049–40, Stephen P. Linebaugh, President Judge, dated January 6, 2012. No. 56 MAP 2013, Appeal from the Order of the Superior Court at No. 253 MDA 2012, dated December 13, 2012, affirming the Order of the York County Court of Common Pleas, Civil Division, at No. 2011–SU–1050–40, Stephen P. Linebaugh, President Judge, dated January 6, 2012. No. 57 MAP 2013, Appeal from the Order of Superior Court at No. 254 MDA 2012, dated December 13, 2012, affirming the Order of the York County Court of Common Pleas, Civil Division, at No. 2011–SU–1048–40, Stephen P. Linebaugh, President Judge, dated January 6, 2012. Gilbert B. Abramson, Esq., Michael Tolcott, Esq., Gilbert B. Abramson & Associates, L.L.C., Philadelphia, for Grove Estates, LP in Nos. 49 MAP 2013, 53 MAP 2013, 54 MAP 2013. Gilbert B. Abramson, Esq., Michael Tolcott, Esq., Gilbert B. Abramson & Associates, L.L.C., Philadelphia, for Maximus Fugacious, LLC in Nos. 51 MAP 2013, 56 MAP 2013.
No. 49 MAP 2013, Appeal from the Order of the Superior Court at No. 123 MDA 2012, dated December 13, 2012, affirming the Order of the York County Court of Common Pleas, Civil Division, at No. 2011–SU–1047–40, Stephen P. Linebaugh, President Judge, dated December 19, 2011.
No. 50 MAP 2013, Appeal from the Order of the Superior Court at No. 192 MDA 2012, dated December 13, 2012, affirming the Order of the York County Court of Common Pleas, Civil Division, at No. 2011–SU–1049–40, Stephen P. Linebaugh, President Judge, dated December 29, 2011.
No. 51 MAP 2013, Appeal from the Order of the Superior Court at No. 193 MDA 2012, dated December 13, 2012, affirming the Order of the York County Court of Common Pleas, Civil Division, at No. 2011–SU–1050–40, Stephen P. Linebaugh, President Judge, dated December 29, 2011.
No. 52 MAP 2013, Appeal from the Order of the Superior Court at No. 194 MDA 2012, dated December 13, 2012, affirming the Order of the York County Court of Common Pleas, Civil Division, at No. 2011–SU–1048–40, Stephen P. Linebaugh, President Judge, dated December 29, 2011.
No. 53 MAP 2013, Appeal from the Order of the Superior Court at No. 195 MDA 2012, dated December 13, 2012, affirming the Order of the York County Court of Common Pleas, Civil Division, at No. 2011–SU–1047–40, Stephen P. Linebaugh, President Judge, dated December 29, 2011.
No. 54 MAP 2013, Appeal from the Order of the Superior Court at No. 251 MDA 2012, dated December 13, 2012, affirming the Order of the York County Court of Common Pleas, Civil Division, at No. 2011–SU–1047–40, dated January 6, 2012.
No. 55 MAP 2013, Appeal from the Order of the Superior Court at No. 252 MDA 2012, dated December 13, 2012, affirming the Order of the York County Court of Common Pleas, Civil Division, at No. 2011–SU–1049–40, Stephen P. Linebaugh, President Judge, dated January 6, 2012.
No. 56 MAP 2013, Appeal from the Order of the Superior Court at No. 253 MDA 2012, dated December 13, 2012, affirming the Order of the York County Court of Common Pleas, Civil Division, at No. 2011–SU–1050–40, Stephen P. Linebaugh, President Judge, dated January 6, 2012.
No. 57 MAP 2013, Appeal from the Order of Superior Court at No. 254 MDA 2012, dated December 13, 2012, affirming the Order of the York County Court of Common Pleas, Civil Division, at No. 2011–SU–1048–40, Stephen P. Linebaugh, President Judge, dated January 6, 2012.
Gilbert B. Abramson, Esq., Michael Tolcott, Esq., Gilbert B. Abramson & Associates, L.L.C., Philadelphia, for Grove Estates, LP in Nos. 49 MAP 2013, 53 MAP 2013, 54 MAP 2013. Gilbert B. Abramson, Esq., Michael Tolcott, Esq., Gilbert B. Abramson & Associates, L.L.C., Philadelphia, for Maximus Fugacious, LLC in Nos. 51 MAP 2013, 56 MAP 2013.
Gilbert B. Abramson, Esq., Michael Tolcott, Esq., Gilbert B. Abramson & Associates, L.L.C., Philadelphia, for Timothy F. Pasch, Inc. in Nos. 50 MAP 2013, 52 MAP 2013, 55 MAP 2013, 57 MAP 2013.
Andrew Joseph Benchoff, Esq., Donald L. Kornfield, Esq., Kornfield & Benchoff, L.L.P., Waynesboro, John N. Keller, Esq., Keller, Keller and Beck, L.L.C., Waynesboro, for Graystone Bank.
BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, MCCAFFERY, STEVENS, JJ.
Prior report: Pa.Super., 58 A.3d 1277.
ORDER
PER CURIAM.
AND NOW, this 26th day of November, 2013, the order of the Superior Court is hereby AFFIRMED. Justice STEVENS did not participate in the consideration or decision of this case.