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IN RE McNINCH

Bankruptcy No. 99-22610. Adversary No. 99-2276.

250 B.R. 848 (2000)

In re John P. McNINCH, Debtor. John P. McNinch, Plaintiff, v. Mortgage America, Inc., Harris Trust Savings Bank as Trustee for the Cityscape Home Equity Loan Trust 1996-2, and Cityscape Home Equity Loan Trust 1996-2, Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

July 24, 2000.

Attorney(s) appearing for the Case

Gary W. Short, Pittsburgh, PA, for Debtor.

David Ziegler, Pittsburgh, PA, for Harris Trust Savings Bank.

MEMORANDUM OPINION1

JUDITH K. FITZGERALD, Chief Bankruptcy Judge.

Issues Presented

This adversary action is before the court in the posture of a motion to dismiss. A default judgment currently stands against assignor of the mortgage and note, Mortgage America. Plaintiff, John P. McNinch, originally asserted claims under the Pennsylvania Unfair and Deceptive Practices Act, as well as The Truth in Lending Act,...

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