Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kemezis v. Matthew

December 10, 2008

CHRISTOPHER & STEPHANIE KEMEZIS, PLAINTIFFS
v.
JAMES MATTHEW, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Baylson, J.

MEMORANDUM RE: MOTION TO DISMISS SECOND AMENDED COMPLAINT

I. Background

On June 18, 2008, a Memorandum and Order were filed in this case dismissing without prejudice the Complaint as to all claims, with leave for Plaintiffs to file an Amended Complaint, except for Count VIII (alleging RICO), which was dismissed with prejudice. On July 2, 2008, Plaintiffs did file an Amended Complaint (Doc. No. 50). Plaintiff filed a Second Amended Complaint on August 26, 2008, (Doc. No. 63), which changes only the caption of the case, as required by an earlier court order.

The factual allegations of the Second Amended Complaint are essentially the same as in the original Complaint. However, Plaintiffs have now squarely alleged that there is diversity of citizenship and the amount in controversy is more than $75,000, thus alleging both federal question and diversity jurisdiction. The Defendants are the same. However, the number of claims has been substantially reduced, and Plaintiffs are now making the following claims:

Federal Question Claims:

1. Count I - Truth in Lending Act ("TILA").

2. Count II - Real Estate Settlement Procedures Act ("RESPA"). State Law Claims:

3. Count III - Violations of Pennsylvania Fair Credit Extension Uniformity Act ("FCEUA").

4. Count IV - Unfair Trade Practices and Consumer Protection Law ("UTPCPL").

5. Count V - Fraud and fraudulent misrepresentation.

6. Count VI - Breach of contract and warranty.

7. Count VII - Negligent misrepresentation and improvident (negligent) lending.

8. Count VIII - Breach of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.