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Home My WebLink About09-0027 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT UNION Plaintiff v. TAMMY S. COCHRAN Defendant T~~~ CIVIL ACTION -LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses and objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or properly or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 1?013 (71?) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT UNION Plaintiff CIVIL ACTION -LAW v. NO. TAMMY S. COCHRAN Defendant AVISO USTED HA SIDO DEMANDO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos viente (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogando una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos impotantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA LA SIGUIENTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Aveaue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT UNION Plaintiff V. TAMMY S. COCHRAN Defendant . CIVIL ACTION -LAW NO. V / ot-7 GNP 1 ~7 ~'~/k COMPLAINT AND NOW comes the Plaintiff, Member's lat Federal Credit Union, who files the instant action against Defendant, Tammy S. Cochran, of which the following is a statement: IDENTITY OF THE PARTIES 1. Plaintiff, Member's 18t Federal Credit Union ("Members 18Y") is a federal credit union organized, licensed, and existing under the laws of the Commonwealth of Pennsylvania with an address of 5000 Louise Drive, Mechanicsburg, Pennsylvania 17050. 2. Defendant, Tammy S. Cochran ("Cochran"), is an adult individual, who resides at 206 South Queen Street, Shippensburg, Pennsylvania 17257. FACTS 3. The averments of Paragraphs 1 though 2 are incorporated herein by reference as if set forth in full. 4. On or about April 6, 2006, Members 1st issued a Visa credit card ("Credit Card") to Cochran based on the information contained in a Visa Credit Card Application ("Credit Agreement") signed by Cochran; a true and accurate copy of said Agreement is attached and made a part hereof, and marked Exhibit A 5. The Credit Agreement extended a revolving line of credit to Cochran, with a credit limit of $11,000.00 and subject to the terms of the Credit Agreement; a true and accurate copy of said terms is attached and made a part hereof, and marked Exhibit A. 6. Cochran used the Credit Card to make various purchases from Apri16, 2006 until approximately June 24, 2007. 7. Cochran made payments toward the Credit Card balance through June 22, 2007, with a final payment of $215.00 made on said date. 8. As of June 22, 2007 no further payments have been made toward the outstanding balance on the Credit Card. 9. Members lst is owed an outstanding amount of $11,616.56 from Cochran. COUNT I BREACH OF CONTRACT 10. The averments of Paragraphs 1 though 9 are incorporated herein by reference as if set forth in full. 11. By virtue of the aforementioned Credit Agreement, a valid and binding contract was created between Members 1st and Cochran. 12. Cochran has refused and neglected to pay the amount due under the Agreement and has therefore breached her obligations to Members 1st in accordance with the Credit Agreement. 13.On or about May 30, 2008 a demand was made on Cochran by certified mail to pay the outstanding balance, and Cochran has refused and neglected to pay the same on demand. A true and accurate copy of said letter is attached hereto as Exhibit B. 14. As a result of the aforesaid default, Cochran is indebted to Members 1st in the sum of Eleven Thousand Six Hundred Sixteen Dollars and Fifty-Six Hundredths ($11,616.56) Dollars 15.The terms of the Credit Agreement further provide for payment of Attorney's fees and costs, and a demand is made therefor. 16.All conditions precedent to Plaintiffs right to recover have been performed or have occurred. WHEREFORE Plaintiff, Members 1st Federal Credit Union, respectfully requests entry of judgment in its favor and against Defendant, Tammy S. Cochran, in the amount of $11,616.56 with attorney's fees and costs in accordance with the agreement. COUNT II BREACH OF ACCOUNT STATED 17. The averments in Paragraphs 1 though 16 are incorporated herein by reference as if set forth in full. 18. Beginning on or about Apri16, 2006, Members 1st had an ongoing business relationship with Cochran pursuant to which Members 1st made a loan to Cochran, and Cochran was to pay the loan in accordance with the terms of the Credit Agreement. 19. Members 1st sent statements of account to Cochran regarding the outstanding balance on the Credit Card, which was issued at Cochran's request. 20. Cochran had the opportunity to review the relevant statements of account and raise any objections regarding the accuracy of the information contained therein, including, among other things the amount stated as due. 21. Cochran never objected to the amounts set forth in the statements or the letter of demand. 22. Despite repeated demands, Cochran has failed to make payment on the amount due. The balance remains due. 23. As a direct and proximate result of Cochran's failure to pay the account as stated, Members 1St has been damaged in the amount of $11,616.56. WHEREFORE Plaintiff, Members 1St Federal Credit Union, respectfully requests entry of judgment in its favor and against Defendant, Tammy S. Cochran, in the amount of $11,616.56 with attorney's fees and costs in accordance with the agreement. COUNT III UNJUST ENRICHMENT Plead in the alteraative 24. The averments in Paragraphs 1 though 23 are incorporated herein by reference as if set forth in full. 25. By providing Cochran with the Credit Card, Members 1St conferred a benefit upon Cochran to which Cochran was not entitled. 26. Despite demand, Cochran has refused to pay the monies owed to Members 1St for purchases made with the Credit Card. 27. By accepting the Credit Card, using it, and refusing to pay the amount due to Members 1St, Cochran has been unjustly enriched at the expense of Members latin an amount of $11,616.56, thereby damaging Members 1St. WHEREFORE Plaintiff, Members l8t Federal Credit Union, respectfully requests entry of judgment in its favor and against Defendant, Tammy S. Cochran, in the amount of $11,616.56 with attorney's fees and costs in accordance with the agreement. Respectfully submitted, LAW OF E OF DUANE P. STONE, P.C. Dated: tZ --~--0 ~S By: Duane P. Stone, Esq. Attorney for Plaintiff Attorney I.D. No. 85715 8 North Baltimore Street Dillsburg, PA 17019 Ph: (717) 432-2089 Fx: (717) 432-0158 VERIFICATION The above Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation of this matter. The language of the Complaint is that of counsel and not of me. I have read the Complaint and to the extent that the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa.C.S. X4904 relating to unsworn falsification to authorities. DATE: ~ 1/ Z y/ ~ gy. ~~/K/ Members 18t Federal Credit Union a ~ ' \\ ~ ~ ~ V 1\\ ~ ~ ~ ~ ~ "~ ~ n 1 7 V • N ,J 'J ~=~ '„)~7~ ^ --.~ ~~