Monday, December 29, 2008

mortgage foreclosure - abuse of process - elements/pleading

Birchall v. Countrywide Home Loans - ED Pa. - December 23, 2008

Claim for abuse of process dismissed for failure to allege sufficient facts. The bare allegation was that there was an abuse of process.

"To establish a claim for abuse of process, a plaintiff must show that the defendant (1) used a legal process against the plaintiff, (2) primarily to accomplish a purpose for which the process was not designed, (3) resulting in harm to the plaintiff. Werner v. Plater-Zyberk, 799 A.2d 776, 785 (Pa. Super. 2002)."