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Porter v. Toll Brothers, Inc.

Superior Court of Pennsylvania

August 21, 2019

DANIEL PORTER AND CAROLYN PORTER
v.
TOLL BROTHERS, INC., TOLL PA II, L.P., TOLL PA GP, CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE, I, P.A. AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS., INC. TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC ANDTOLL ARCHITECTURE I, P.A. MANOJ PRASAD AND CHETANA PRASAD
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., MATTHEW O'DONNELL AND JILL O'DONNELL
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., RICHARD ORLANDO AND KRISTIN ORLANDO
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., JOSHUA M. OWEN AND ALLISON R. OWEN
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., RAJESH PARNERKAR AND SHILPA PARNERKAR
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., ROBERT T. ROSS AND DAWN D. ROSS
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., JOSEPH A. SAMARCO AND LORI LYNN SAMARCO
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., ANDREW TURK
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., VENKA REDDY SUNKARA AND ANITHA BADVELU SUNKARA
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., IGOR ZAVALNY AND TAMARA VOLKOVA
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., TIMOTHY WELCH AND CYNTHIA WELCH
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA, L.P., & TOLL PA GP CORP., APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA, L.P., & TOLL PA GP CORP., MICHAEL A. ZISKIND AND INGRID C. ZISKIND
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., MICHAEL MILEY AND JENNIFER MILEY
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., BRETT ADAMS, JILL O'DONNELL, JASON TEPFENHARDT, JESSICA TEPFENHARDT, JAMES WIEGERS & ANN MARIE WIEGERS
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., BRIAN G. BENTRIM AND CATHERINE S. BENTRIM
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA, L.P., TOLL PA GPCORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AARON CARLSON AND SUZANNE CARLSON
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., BENJAMIN LACSON AND EVELYN LACSON
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., JULIAN CASTANEDA AND BRENNA CASTANEDA
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA IV, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA IV, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., JOHN J. COFFEY AND EILEEN COFFEY
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., JAMES COOKE AND TRACY COOKE
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA VI, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA VI, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., THOMAS DEANGELO AND CAGLAYAN DEANGELO
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., JAMES COY AND DENISE COY
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., TODD ELLIOTT AND JUDITH ELLIOTT
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., ROBERT KASPROW AND LAURA KASPROW
v.
TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL BROS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL ARCHITECTURE, INC., AND TOLL ARCHITECTURE I, P.A., FURRUKH MUNAWAR AND AAIYSHA MUNAWAR
v.
TOLL BROTHERS, INC., TOLL PA, II, L.P., TOLL PA GP CORP., TOLL BROS., INC., TOLL ARCHITECTURE, INC., TOLL ARCHITECTURE I, P.A., AND ANDERSON WINDOWS APPEAL OF: TOLL BROTHERS, INC., TOLL PA II, L.P., (IMPROPERLY PLED AS TOLL PA, II, L.P., ) TOLL PA GP CORP., TOLL BROS., INC., TOLL ARCHITECTURE, INC. AND TOLL ARCHITECTURE, I., P.A. KEVIN MARCIANO AND ANGELA MARCIANO
v.
TOLL BROTHERS INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA. GP CORP., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS INC., TOLL BROS, INC., TOLL PA II, L.P., TOLL PA. GP CORP. JAMES WOJNICKI AND KIMBERLY WOJNICKI
v.
TOLL BROTHERS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL BROS, INC., AND ANDERSEN WINDOWS, INC., APPEAL OF: TOLL BROTHERS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL BROS, INC. (COLLECTIVELY, THE "TOLL DEFENDANTS) MENG KOUCH AND LISA C. KOUCH
v.
TOLL BROTHERS, INC., TOLL PA, L.P., TOLL PA II, L.P., TOLL PA GP CORP., TOLL BROS, INC., AND ANDERSEN WINDOWS, INC., APPEAL: TOLL BROTHERS, INC., TOLL PA II, L.P., TOLL PA, L.P., TOLL PA GP CORP., AND TOLL BROS., INC. (COLLECTIVELY, THE "TOLL DEFENDANTS") JAMES MCFADDEN V. TOLL BROTHERS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL BROS, INC., AND ANDERSEN WINDOWS, INC. APPEAL OF: TOLL BROTHERS, INC., TOLL PA, L.P., TOLL PA GP CORP., TOLL BROS, INC., AND ANDERSEN WINDOWS, INC.

          Appeal from the Order Entered March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): September Term, 2017, No. 01002

         Appeal from the Order March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Sept. Term 2017 Case ID: 170901803

         Appeal from the Order March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Sept. Term 2017 Case ID: 1709

         Appeal from the Order March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Oct. Term 2017 Case ID: 171003573

         Appeal from the Order March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Sept. Term 2017 Case ID: 170901823

         Appeal from the Order March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Oct. Term 2017, Case ID: 171003574

         Appeal from the Order March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Sept. Term 2017 Case ID: 170901815

         Appeal from the Order March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Sept. Term 2017 Case ID: 170901903

         Appeal from the Order Entered March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Oct. Term 2017 Case ID: 171003572

         Appeal from the Order Entered March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Sep. Term 2017 Case ID: 171003549

         Appeal from the Order Entered March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Oct. Term 2017 Case ID: 171003433

         Appeal from the Order Entered March 8, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Nov. Term 2016 Case ID: 161100904

         Appeal from the Order Entered March 8, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Nov. Term 2016 Case ID: 161101721

         Appeal from the Order Entered March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Sept. Term 2017 Case ID: 170901824

         Appeal from the Order Entered March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Jan. Term 2017 Case ID: 170101225

         Appeal from the Order Entered March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Oct. Term 2017 Case ID: 171002359

         Appeal from the Order Entered March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Oct. Term 2017, Case ID: 171003576

         Appeal from the Order Entered March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Oct. Term 2017 Case ID: 171003533

         Appeal from the Order Entered March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Sept. Term 2017 Case ID: 170901200

         Appeal from the Order Entered March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Sept. Term 2017 Case ID: 170903045

         Appeal from the Order Entered March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Sept. Term 2017 Case ID: 170901003

         Appeal from the Order Entered March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Sept. Term 2017 Case ID: 170901196

         Appeal from the Order Entered March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Sept. Term 2017 Case ID: 170901907

         Appeal from the Order Entered March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): Sept. Term 2017 Case ID: 170902048

         Appeal from the Order Entered March 1, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): No. 171003571

         Appeal from the Order Dated April 30, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): September Term, 2017, No. 170903704

         Appeal from the Order Dated May 22, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): 02349 February Term, 2018

         Appeal from the Order Entered August 14, 2018 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): 180502212

          BEFORE: KUNSELMAN, J., MURRAY, J., and PELLEGRINI [*], J.

          OPINION

          MURRAY, J.

         In this consolidated appeal, Toll Brothers, Inc., Toll PA II, L.P., Toll PA GP, Corp., Toll Architecture, Inc., and Toll Architecture, I, P.A., (collectively, Appellant) appeals from the trial court's orders denying Appellant's petitions to compel arbitration.[1] Appellant avers that the trial court erred in finding that the plaintiffs (Appellees), all of whom were subsequent purchasers of homes built and originally sold by Appellant, were not bound by mandatory arbitration clauses in the warranties extended by Appellant to the original purchasers of the homes.[2] Upon review, we affirm.

         Appellant is a builder and seller of residential homes. Between October 2002 and January 2005, Appellant entered into sale agreements with the original purchasers of the 30 homes at issue. Appellant's Brief at 15. Separate from the sale agreements, Appellant offered a written 10-year warranty for repairs[3] for the benefit of the "homeowner." See, e.g., Porter v. Toll Brothers, Inc., 894 EDA 2018, Appellant's Memorandum of Law in Support of Petition to Compel Arbitration & Stay Judicial Proceedings, Exhibit 2 (Limited Warranty) at 1, 13. Section IX ("Definitions") of the warranty defined "homeowner" as:

the first person to whom a home . . . is sold . . . and such person's successors in title to the home . . . provided a Subsequent Home Buyer Acknowledgement and Assignment form (TB Form 1302) is signed by the subsequent homeowner.

         Limited Warranty at 12 (some capitalization removed and emphasis added); see also Trial Court Opinion, Porter, 7/24/18, at 2. Section VIII was titled "General Conditions." Sub-section VIII(B) addressed subsequent purchasers:

         Transfer to ...


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