FIDELITY NATIONAL TITLE INSURANCE COMPANY v. CRAVEN et al

Filing 18

ORDER THAT DEFENDANTS' MOTIONS TO DISMISS ARE GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 11/20/12. 11/21/12 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

FIDELITY NATIONAL TITLE
INSURANCE COMPANY, in its
individual capacity and as subrogee of
JP MORGAN BANK, N.A., successor to
WASHINGTON MUTUAL BANK, F.A.,
Plaintiff,
v.
VINCENT E. CRAVEN, Jr., et. al.,
Defendants.

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CIVIL ACTION

NO. 12-4306

ORDER
AND NOW, this 20th day of November, 2012, upon consideration of (1) Defendants Vincent
E. Craven, Jr., Aimee F. Craven, Valerie A. Craven, and Monument Mortgage’s (“the Cravens”)
Motion to Dismiss the Complaint (Docket No. 5), Plaintiff Fidelity National Title Insurance
Company’s Response in Opposition (Docket No. 8), and the Cravens’ Reply Brief (Docket No. 11);
and (2) Defendant Tammi M. Torbik’s Motion to Dismiss the Complaint (Docket No. 10), Fidelity’s
Response in Opposition (Docket No. 15), and Tammi Torbik’s Reply Brief (Docket No. 16), it is
hereby ORDERED that both Motions are GRANTED IN PART and DENIED IN PART as follows:
1.

Counts IV, VII, and VIII are DISMISSED WITH PREJUDICE.

2.

Counts I, II, III, IX, and X are DISMISSED WITHOUT PREJUDICE and with
leave to amend. Plaintiff shall be given twenty days to file an Amended Complaint on
these Counts.

3.

The Motions are DENIED as to Counts V and VI.

BY THE COURT:

s/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.