SAYRE v. CUSTOMERS BANK

Filing 46

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION TO DISMISS COUNT I OF THE AMENDED COMPLAINT IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF'S CLAIM IN COUNT I THAT DEFENDANT VIOLATED THE PENNSYLVANIA LOAN INTEREST AND PROTECTION LAW ("AC T 6"), 41 PA.STAT.ANN. PARAGRAPHS 101-605, BY COLLECTING PAYMENTS ON PLAINTIFF'S MORTGAGE LOAN (DOC.NO.22 PARAGRPH 62) IS DISMISSED. PLAINTIFF'S CLAIMS IN COUNT I THAT DEFENDANT VIOLATED ACT 6 BY COLLECTING ATTORNEY'S FEES AND AN APPRAISAL FEE (ID.PARAGRAPHS 55-61) ARE NOT DISMISSED. DEFENDANT'S MOTION TO DISMISS COUNT II OF THE AMENDED COMPLAINT IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF'S CLAIM IN COUNT II THAT VIOLATED THE PENNSYLVANIA UNFAIR TRADE PRACTICE S AND CONSUMER PROTECTION LAW ("UTPCPL"), 73 PA.STAT.ANN. PARAGRAPHS 201-1 TO-3, BY COLLECTING PAYMENTS ON PLAINTIFF'S MORTGAGE LOAN (DOC.NO.22 PARAGRAPH 66) IS DISMISSED. PLAINTIFF'S CLAIMS THAT DEFENDANT VIOLATED THE UTPCPL BY C OLLECTING ATTORNEY'S FEES AND AN APPRAISAL FEE (ID. PARAGRAPHS 63-65) ARE NOT DISMISSED. DEFENDANT'S MOTION TO DISMISS COUNTS III,V,VI, AND VII OF THE AMENDED COMPLAINT IS GRANTED. COUNTS III,V,VI, AND VII OF THE AMENDED COMPLAINT ARE DISMI SSED. DEFENDANT'S MOTION TO DISMISS COUNT IV OF THE AMENDED COMPLAINT IS DENIED. DEFENDANT SHALL FILE AN ANSWER TO THE REMAINING CLAIMS IN THE AMENDED COMPLAINT [DOC.NO.22] WITHIN TWENTY DAYS FROM THE DATE OF THIS ORDER. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 5/29/15. 5/29/15 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROBERT D. SAYRE,
Plaintiff,

CIVIL ACTION
NO. 14-3740

v.
CUSTOMERS BANK,
Defendant.
ORDER

AND NOW, this 29th day of May 2015, upon consideration of Defendant’s Motion to
Dismiss the Amended Complaint (Doc. No. 26), Plaintiff’s Response in Opposition to
Defendant’s Motion (Doc. No. 29), the arguments of counsel at the hearing on Defendant’s
Motion held December 22, 2014, and in accordance with the Opinion of the Court issued this
day, it is ORDERED as follows:
1.

Defendant’s Motion to Dismiss Count I of the Amended Complaint is granted in
part and denied in part. Plaintiff’s claim in Count I that Defendant violated the
Pennsylvania Loan Interest and Protection Law (“Act 6”), 41 Pa. Stat. Ann. §§
101-605, by collecting payments on Plaintiff’s mortgage loan (Doc. No. 22 ¶ 62)
is dismissed. Plaintiff’s claims in Count I that Defendant violated Act 6 by
collecting attorney’s fees and an appraisal fee (id. ¶¶ 55-61) are not dismissed.

2.

Defendant’s Motion to Dismiss Count II of the Amended Complaint is granted in
part and denied in part. Plaintiff’s claim in Count II that Defendant violated the
Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”),
73 Pa. Stat. Ann. §§ 201-1 to -3, by collecting payments on Plaintiff’s mortgage
loan (Doc. No. 22 ¶ 66) is dismissed. Plaintiff’s claims that Defendant violated

the UTPCPL by collecting attorney’s fees and an appraisal fee (id. ¶¶ 63-65) are
not dismissed.
3.

Defendant’s Motion to Dismiss Counts III, V, VI, and VII of the Amended
Complaint is granted. Counts III, V, VI, and VII of the Amended Complaint are
dismissed.

4.

Defendant’s Motion to Dismiss Count IV of the Amended Complaint is denied.

5.

Defendant shall file an Answer to the remaining claims in the Amended
Complaint (Doc. No. 22) within twenty days from the date of this Order.

BY THE COURT:

/s/ Joel H. Slomsky, J.
JOEL H. SLOMSKY, J.

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