CUBLER v. TRUMARK FINANCIAL CREDIT UNION

No. 3135 EDA 2012

83 A.3d 235 (2013)

2013 PA Super 322

Cody CUBLER, individually and on behalf of all others similarly situated, Appellants v. TRUMARK FINANCIAL CREDIT UNION, Appellee.

Superior Court of Pennsylvania.

Filed December 20, 2013.


Attorney(s) appearing for the Case

Cary L. Flitter , Theodore E. Lorenz , Andrew M. Milz , Flitter Lorenz, P.C., Norberth, for appellants.

Christine M. Debevec , Sandra Ann Grifalco , Michelle C. Orloski , Stradley, Ronon, Stevens & Young, L.L.P., Philadelphia, for appellee.

BEFORE: BENDER, P.J., DONOHUE and MUSMANNO, JJ.


OPINION BY MUSMANNO, J.:

In this class action contract dispute, Cody Cubler ("Cubler"), individually and on behalf of all others similarly situated, appeals from the Order that granted the Motion for judgment on the pleadings filed by TruMark Financial Credit Union ("TruMark"), and dismissed Cubler's Complaint with prejudice. We reverse and remand for further proceedings.

The trial court set forth the relevant facts underlying this appeal as follows:

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