MWANTEMBE v. TD BANK, N.A. (E.D.Pa. 11-17-2009)

TIMOTHY SAVAGE, District Judge

AND NOW, this 17th day of November, 2009, upon consideration of the Defendants' Motion to Dismiss Plaintiffs' First Amended Class Action Complaint (Document No. 8), the plaintiffs' response and after oral argument, it is ORDERED that the motion is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED as follows:

1. The motion is GRANTED as to counts IV and V;

2. Counts IV and V of the amended complaint are DISMISSED;

3. All allegations in the amended complaint pertaining to avoidance or violation of Pennsylvania's escheat law are STRICKEN; and

4. In all other respects, the motion is DENIED.