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14-3740 - SAYRE v. CUSTOMERS BANK


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14-3740 - SAYRE v. CUSTOMERS BANK
May 29, 2015
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 5/29/15. 5/29/15 ENTERED & E-MAILED.(fdc)
May 29, 2015
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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 ("ACT 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 PRACTICES 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 COLLECTING 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 DISMISSED. 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)
September 16, 2016
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 9/16/16. 9/16/16 ENTERED & E-MAILED.(fdc)
September 16, 2016
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FF'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)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) $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 THE 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 PLAINTI
June 6, 2017
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 6/5/17. 6/6/17 ENTERED & E-MAILED.(fdc)
June 6, 2017
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TERED & E-MAILED.(fdc)MEMORANDUM AND ORDER THAT JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF ROBERT D. SAYRE AND AGAINST DEFENDANT CUSTOMERS BANK ON COUNT II OF THE AMENDED COMPLAINT ALLEGING A VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION (22), IN THE AMOUNT OF $10,407.03 PLUS INTEREST. THE AWARD OF $10,407.03 IS ACTUAL DAMAGES CONSISTING OF LEGAL FEES AND APPRAISAL FEES CHARGED BY DEFENDANT TO PLAINTIFF THAT IS TREBLED. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 6/5/17. 6/6/17 EN
August 23, 2017
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OPINION AND MEMORANDUM. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 8/23/17. 8/23/17 ENTERED & E-MAILED.(fdc) Modified on 8/24/2017 (lvj, ).
August 23, 2017
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MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION FOR ATTORNEY'S FEES PURSUANT TO FRCP 54(D)(2)(#87) IS DENIED WITHOUT PREJUDICE AS MOOT. PLAINTIFF'S AMENDED MOTION FOR ATTORNEY'S FEES PURUSANT TO FRCP 54(D)(2)(#89) IS GRANTED IN PART AND DENIED IN PART. THE AMENDED MOTION (#89) IS GRANTED AND PLAINTIFF IS AWARDED ATTORNEY'S FEES IN THE AMOUNT OF $25,699.22. THE AMENDED MOTION (#89) IS DENIED AS TO ANY AMOUNT REQUESTED FOR ATTORNEY'S FEES ABOVE THE AWARD OF $25,699.22. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 8/23/17. 8/23/17 ENTERED & E-MAILED.(fdc, )