IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
November 20, 2012
FIDELITY NATIONAL TITLE INSURANCE COMPANY, IN ITS INDIVIDUAL CAPACITY AND AS SUBROGEE OF CIVIL ACTION JP MORGAN BANK, N.A., SUCCESSOR TO WASHINGTON MUTUAL BANK, F.A., PLAINTIFF,
VINCENT E. CRAVEN, JR., ET. AL., DEFENDANTS.
The opinion of the court was delivered by: Ronald L. Buckwalter, S.J.
AND NOW, this 20thday of November, 2012, upon consideration of (1) Defendants Vincent E. Craven, Jr., Aimee F. Craven, Valerie A. Craven, and Monument Mortgage's ("the Cravens") Motion to Dismiss the Complaint (Docket No. 5), Plaintiff Fidelity National Title Insurance Company's Response in Opposition (Docket No. 8), and the Cravens' Reply Brief (Docket No. 11); and (2) Defendant Tammi M. Torbik's Motion to Dismiss the Complaint (Docket No. 10), Fidelity's Response in Opposition (Docket No. 15), and Tammi Torbik's Reply Brief (Docket No. 16), it is hereby ORDERED that both Motions are GRANTED IN PART and DENIED IN PART as follows:
1. Counts IV, VII, and VIII are DISMISSED WITH PREJUDICE.
2. Counts I, II, III, IX, and X are DISMISSED WITHOUT PREJUDICE and with leave to amend. Plaintiff shall be given twenty days to file an Amended Complaint on these Counts.
3. The Motions are DENIED as to Counts V and VI.
BY THE COURT:
Ronald L. Buckwalter
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