ould be acted upon; and (5) that the plaintiff acted upon it to his damage." Financial Trust Co., 268 F.Supp.2d at 675 (quoting Shapiro'. t1.111 Fin. Corp., 964 F.2d 272, 284 (3d Cir. 1992)). (51 The defendants base their argu- ment that plaintiffs have failed to state a claim upon which relief can be