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Birchall v. Countrywide Home Loans

November 13, 2009

JENNIFER BIRCHALL, PLAINTIFF,
v.
COUNTRYWIDE HOME LOANS, INC., A/K/A COUNTRYWIDE BANK, N.A., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Gene E.K. Pratter United States District Judge

ORDER

AND NOW, this 13th day of November 2009, upon consideration of the Defendant Countrywide's Motion to Dismiss the Plaintiff's Second Amended Complaint (Docket No. 21), and the Plaintiff Jennifer Birchall's Cross-Motion to Amend her Second Amended Complaint (Docket No. 25), it is hereby ORDERED that:

1. With regard to Counts I and II of the Second Amended Complaint, Countrywide's Motion to Dismiss is hereby GRANTED in full.

2. With regard to Count III of the Second Amended Complaint, Countrywide's Motion to Dismiss is hereby GRANTED in part and DENIED in part. The Motion is granted with regard to all of the Plaintiff's claims under the Pennsylvania Unfair Trade Practices Consumer Protection Law, 73 P.S. § 201-1, et seq., excepting her claim under the Law's "catchall" provision, 73 P.S. § 201-2(4)(xxi), with regard to which the Motion to Dismiss is denied.

3. Ms. Birchall's Cross-Motion to Amend is DENIED.

20091113

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