WRIGHT v. PNC MORTGAGE et al

Filing 17

MEMORANDUM AND ORDER THAT PLAINTIFF'S RESPA'S CLAIMS ARE DISMISSED; PLAINTIFF'S CLAIM FOR ATTORNEY FEES AND EXPENSES IS DISMISSED INSOFAR AS IT CLAIMS FEES AND EXPENSES OCCURED IN THE INITIATION AND PROSECUTION OF THIS ACTION; WITHIN T EN BUSINESS DAYS FROM DATE, PLAINTIFF SHALL AMEND THE WHEREFORE CLAUSE OF HER AMENDED COMPLAINT TO ELIMINATE THE WORDS "IN AN AMOUNT IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS" AS THOSE WORDS ARE IN VIOLATION OF LOCAL RULE 5.1.1. AT THE SAM E TIME PLAINTIFF SHALL FILE AN AFFIDAVIT WITH THE COURT STATING HER ITEMIZED OUT-OF-POCKET EXPENSES TO DATE ALLEGEDLY INCURRED AS A RESULT OF DEFENDANT'S CONDUCT EXCLUDING, OF COURSE, ALL FEES AND EXPENSES OCCURED IN THE INITIATION AND PROSECUTION OF THIS ACTION. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 9/22/14. 9/22/14 ENTERED & E-MAILED.(fdc, )

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

vs.
PNC MORTGAGE f/k/a NATIONAL CITY
MORTGAGE; and PNC BANK, N.A.

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CIVIL ACTION
NO. 14-2860

ORDER
AND NOW, this 22 day of September, 2014:
1.

Plaintiff’s RESPA’s claims are DISMISSED;

2. Plaintiff’s claim for attorney fees and expenses is DISMISSED insofar as it claims
fees and expenses occurred in the initiation and prosecution of this action;
3. Within ten business days from date, plaintiff shall amend the wherefore clause of her
amended complaint to eliminate the words “in an amount in excess of Five Hundred
Thousand dollars” as those words are in violation of Local Rule 5.1.1. At the same
time plaintiff shall file an affidavit with the Court stating her itemized out-of-pocket
expenses to date allegedly incurred as a result of defendant’s conduct excluding, of
course, all fees and expenses occurred in the initiation and prosecution of this action.

s/ Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR.

J.