SAYRE v. CUSTOMERS BANK

Filing 75

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AS TO COUNT I OF THE AMENDED COMPLAINT IS GRANTED. PLAINTIFF'S CLAIMS IN COUNT I THAT DEFENDANT VIOLATED THE PENNSYLVANIA LOAN INTEREST AND PROTECTION LAW BY COLLECTING (1) & #036;2,934 IN ATTORNEY'S FEES AND A (2) $535 APPRAISAL FEE WHEN THE PLAINTIFF COMPLETED THE SALE OF THE GAUL STREET PROPERTY ON 7/2/13 (DOC.22 PARAGRAPHS 55-61) IS DISMISSED. DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AS TO COUNT II OF TH E AMENDED COMPLAINT IS DENIED. PLAINTIFF'S CLAIMS IN COUNT II THAT DEFENDANT VIOLATED THE PA. UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW BY COLLECTING (1) $2,934 IN ATTORNEY'S FEES AND A (2) $535 APPRAISAL FEE UPON PLAINTIFF'S CLOSING OF THE SALE OF THE GAUL STREET PROPERTY ON 7/2/13 (PARAGRAPHS 63-65) IS NOT DISMISSED. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 9/16/16. 9/16/16 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 16th day of September 2016, upon consideration of Defendant’s Motion
for Summary Judgment (Doc. No. 62), Plaintiff’s Response (Doc. No. 66), Defendant’s Reply
(Doc. No. 68), and in accordance with the Opinion of the Court issued this day, it is ORDERED
as follows:
1.

Defendant’s Motion for Summary Judgment as to Count I of the Amended
Complaint is granted. Plaintiff’s claims in Count I that Defendant violated the
Pennsylvania Loan Interest and Protection Law (“Act 6”), 41 Pa. Stat. Ann. §§
101-605 by collecting (1) $2,934 in attorney’s fees and a (2) $535 appraisal fee
when the Plaintiff completed the sale of the Gaul Street Property on July 2, 2013
(Doc. No. 22 ¶¶ 55-61) is dismissed.

2.

Defendant’s Motion for Summary Judgment as to Count II of the Amended
Complaint is denied. Plaintiff’s claims in Count II that Defendant violated the
Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”),
73 Pa. Stat. Ann. §§ 201-1 to -9.3, by collecting (1) $2,934 in attorney’s fees and a

(2) $535 appraisal fee upon Plaintiff’s closing of the sale of the Gaul Street
Property on July 2, 2013 (Id. ¶¶ 63-65) is not dismissed.

BY THE COURT:

/ s/ J oel H. S l om sk y
JOEL H. SLOMSKY, J.