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Home My WebLink About14-3791 ' r Supreme Coul•t;o -Pennsylvania N11 WR 30089784 C A Pit SJS Courf�of CommonP�leas I mo/ 1 V, CiviY -oyer�Sheet ForProllrmtolan'fuse Orr : 1, CUMBERLAND If County Docket No: j ) J, The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and sert.-ice ofpleadings or other papers as required by low or rules of court. Commencement of Action: S a Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Declaration of Taking C DISCOVER BANK Lead Plaintiff's Name: Lead Defendant's Name: T EUGENE KEENEY I 0 Are money damages requested? El Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑outside arbitration limits A Is this a Class Action Suit? 13Yes [A No Is this an AMJ Appeal? 13Yes Q No Name of Plaintiff/Appellant's Attorney: William T. Molczan, 47437 ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional j0,Buyer Protection Administrative Agencies ❑ Malicious ProsecutionDebt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E [3 Product Liability(does not include [3 Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute:Other ❑ Zoning Board T ❑ Other: ❑ Other: I ❑ Other: O N MASS TORT ❑ Asbestos B ❑ Tobacco REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort-DES ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ Toxic Tort—Implant ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment Cl Toxic Waste ❑ Ground Rent ❑ Mandamus ❑ Other: ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure: Residential Retraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Waranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 oIi ,t0t;r` Z 4 AIN 27 k"i i!: 27 CUMBERLAND co Ni y PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK / eY Plaintiff No: VS . COMPLAINT IN CIVIL ACTION EUGENE KEENEY CUMBERLAND METAL FAB Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, 47437 WELTMAN, WEINBERG & REIS CO. , L.P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955 FAX: 412-338-7130 30089784 C A Pit SJS f �/�3. 75a04 �4 k-,,4 IISS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS . Civil Action No EUGENE KEENEY CUMBERLAND METAL FAB Defendants COMPLAINT AND NOTICE TO DEFEND 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 an attorney and filing in writing with the court your defenses or 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 property 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1 . Plaintiff, Discover Bank, is a banking institution organized under the laws of the State of Delaware and maintains a business address of 12 Reads Way, New Castle, DE 19720 . 2 . DB Servicing Corporation is the servicing affiliate for Discover Bank, f/k/a Greenwood Trust Company, an FDIC-insured Delaware State bank. As the servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including, business management services in support of Discover Bank business lines, including, among other things, credit cards, deposits, personal loans and student loans, customer service, collections, credit risk, collection of delinquent accounts and other support services . The collection of delinquent accounts includes the right to forward the account to the attorneys and/or collection agencies for collection and to file suit on Discover Bank' s behalf . 3 . At all times pertinent hereto, DB Servicing Corporation is the servicing affiliate for Discover Bank, in reference to Defendants ' account, which is the subject of this litigation. 4 . Defendants are adult individual (s) residing at 130 DOUBLING GAP RD NEWVILLE, PA 17241 S . Defendants applied for and received a credit card bearing the account number XXXXXXXXXXXX5176 . 6 . Defendants made use of said credit card and has a current balance due of $11666 . 31 . A copy of Plaintiff ' s Statement is attached hereto, marked as Exhibit "1" . 7 . Defendants are in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 8 . Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the balance due the Plaintiff. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendants EUGENE KEENEY AND CUMBERLAND METAL FAB, JOINTLY AND SEVER ALLY, in the amount of $11666 . 31 and costs . r t - William T. Mo zan, 47437 WELTMAN, WEI ERG & REIS CO. , L.P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955 FAX: 412-338-7130 WWR# 30089784 C A Pit SJS New Balance Minimum Payment Due Account Number ending in 5176 DISC . VER $11,666.31 52,603.00 Enter Amount Enclosed Below Payment Due Dote $1 1 December 3,2012 Please make check payable to Discover Business Card You are overlimit Pay the sum of the monthly minimum payment plus the overlimil amount of$966 31 EUGENE KEENEY CUMBERLAND METAL FAB. INC. 130 DOUBLING GAP RD PO BOX 31 NEWVILLE PA 17241-0031 PO BOX 71084 CHARLOTTE NC 28272-108a Address,e-mail or telephone change2 Print change in space above,or go to Discoverbiz com Print your e-mail address to receive important Account information and special offers 000001986751598509002116663100000000260300 Discover Business Card Account Summary Closing Date: November 13,2012 page 1 of 1 Account number ending in 5176 Previous Balance $11,371 55 Payment Due Date December 3, 2012 Payments And Credits 000 Minimum Payment Due $2,60300 Purchases + - 7800 Credit Limit $10,70000 Cash Advances + 000 Credit Available $000 Balance Transfers + 000 Cash Credit Limit $2,70000 Finance Charges + 21676 Cash Credit Available $000 New Balance = $1 1,66631 You may be able to avoid Interest Charges,see Additional Important Information for details Cashback Bonus' Opening Cashback Bonus Balance $ 000 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 Cashback BonusO Anniveisory Dote May 13 How Can We Help You? For Account Inquiries,write to us at: Discover Business Card,PO Box 3023 Please have your Discover Card available. New Albany,OH 43054-3023 Manage your account online at Discoverbiz.com TDD(Telecommunications Device for the Deaf1: Customer Service: 1-888-DISCOVER(1-888-347-2683) For assistance,see reverse side CUMBERLAND METAL FAB,INC. Activity on Account KEENEY,EUGENE Account number ending in 5176 Trans. Post Date Date Other/Miscellaneous Nov 3 Nov 3 LATE FEE $ 3900 Nov 13 Nov 13 OVERUMIT FEE 3900 Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period 31 days Purchases $11476 10 0 0609346 22 24% V 22 24'' $216 76 $0 P chhqy��ee� $0 0 06093'0 22 24:e V 22 24% " C�uyktRS3AiM $G 0 08216'6 29 9940 V 24 9440 $0 $0 The rotes that apply to your Account are either fixed(F)or they may vary(V)as noted above Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF TM $14LRIFF f- ' ... r, _t _ TH PR OT L0,t91�fl75� liJUL H hM10:?U CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. Eugene Keeney (et al.) Case Number 2014-3791 SHERIFF'S RETURN OF SERVICE 06/30/2014 02:50 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Eugene Keeney at 130 Doubling Gap Road, North Newton, Newville, PA .72 L AM CLINE, DEPUTY 06/30/2014 02:50 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Eugene Keeney, who accepted as "Adult Person in Charge" for Cumberland Metal Fab at 130 Doubling Gap Road, North Newton, Newville, PA 17241. AAM CLINE, DEPUTY SHERIFF COST: $57.56 SO ANSWERS, July 01, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. RONNY R ANDERSON, SHERIFF DISCOVER BANK, Plaintiff THE PRO yIc$ ,t�, '� 2014 JUL 25 P11 j: CUMBERLAND COUNTY PENNS YLYA rel : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 14-3791 EUGENE KEENEY and CIVIL ACTION - LAW CUMBERLAND METAL FAB, Defendants ANSWER TO COMPLAINT AND NOW comes the Defendants, Eugene Keeney and Cumberland Metal FAB, by and through their attorney, Cunningham & Chernicoff, P.C., and file the attached Answer to Plaintiffs Complaint. 1. Admitted. 2. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth of the averments of Paragraph 2. Accordingly, same are denied and proof thereof is strictly demanded at trial. 3. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth of the averments of Paragraph 3. Accordingly, same are denied and proof thereof is strictly demanded at trial. 4. Admitted in part, denied in part. It is admitted that Defendant Cumberland Metal Fab resides at 130 Dublin Gap Road, Newville, Pennsylvania 17241. However, it is denied that Defendant Eugene Keeney resides at said address. Instead, Defendant Keeney resides at 1010 Cranes Gap Road, Carlisle, Pennsylvania 17013. 5. Admitted. 6. Admitted in part, denied in part. It is admitted that Plaintiff has attached Exhibit "1" to its Complaint. By way of further response, it is admitted that Defendant Cumberland Metal Fab made use of said credit card. It is denied that Defendant Keeney made use of said credit card. Finally, it is denied that either Defendant owes Plaintiff $11,666.31. 7. The averments of Paragraph 7 are conclusions of law to which no response is required. To the extent that response is judicially deemed to be required, same is denied. By way of further response, Defendants deny that the entire balance alleged by Plaintiff is actually due to Plaintiff. 8. Admitted in part, denied in part. It is admitted that Defendants have failed to pay the amount as demanded by Plaintiff. It is denied that the Defendants actually owed the amount Plaintiff alleges. WHEREFORE, Defendants respectfully request that this Honorable Court dismiss Plaintiffs Complaint with prejudice. Date: Julyj(, 2014 Respectfully submitted, C By: GHA & CH ICOFF, P.C. Robe E. Chernicoff, Esquire PA Supreme Court ID No: 23380 Gina L. Lauffer, Esquire PA Supreme Court ID No: 313863 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 CERTIFICATE OF SERVICE I, Joanne Bartley, Legal Assistant, for the law firm of Cunningham & Chernicoff, P.C. do hereby certify that a true and correct copy of ANSWER TO COMPLAINT in the above - captioned matter was served by first-class U.S. Mail, postage prepaid, on this date, to the following: William T. Molczan, Esquire Wellman, Weinberg & Reis Co., 436 Seventh Avenue Suite 1400 Pittsburgh, PA 15219 CUNNINGHAM & CHERNICOFF, P.C. Date: July , 2014 By: Joanne Rarti F\Home\GLAUFFER\DOCS \Keeney, Eugene \Discover Bank \Response to Complaint.wpd VERIFICATION I, Eugene Keeney, authorized signor of Cumberland Metal FAB, hereby verify that the statements made in the foregoing Answer are true and correct based on my personal knowledge or upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities Date: 21, l` CUMBERLAND METAL FAB By: Eugene'ney VERIFICATION I, Eugene Keeney, hereby verify that the statements made in the foregoing Answer are true and correct based on my personal knowledge or upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities Date: .4,1-1, l� B By: Eugene Keeney FILED -OFFICE SOF THE PROTHONO TAI;- 2OUI SEP 30 AM I 1: 1z2 CUMBERLAND COUNTY PENNSYLVANIA DISCOVER BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 14-3791 EUGENE KEENEY and CIVIL ACTION - LAW CUMBERLAND METAL FAB, Defendants PRAECIPE TO WITHDRAW APPEARANCE Kindly withdraw the appearance of Gina L. Lauffer, Esquire only on behalf of EUGENE KENNEY and CUMBERLAND METAL FAB. Robert E. Chernicoff, Esquire and the law firm of Cunningham & Chernicoff, P.C. will continue to represent EUGENE KEENEY and CUMBERLAND METAL FAB in the above -captioned action. Respectfully submitted, C By: lr— �-- Gina L. Lauffer, Esquire PA Supreme Court ID No: 313863 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorney for Defendants GHAM & CHERNICOFF, P.C. Date: September Z9 , 2014 CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant for the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the PRAECIPE TO WITHDRAW APPEARANCE in the above -captioned matter was served by first class U.S. Mail to the following: William T. Molczan, Esquire Weltman, Weinberg & Reis Co., L.P.A. 436 Seventh Avenue Suite 1400 Pittsburgh, PA 15219 CUNNINGHAM & CHERNICOFF, P.C. Date: September 2q, 2014 By: tilt ulieanne Ametrano 2320 North Second Street Harrisburg, PA 17110 Telephone: (717)238-6570 F:\Home\GLAUFFER\DOCS\Keeney, Eugene\Discover Bank\Praecipe to Withdraw Appearance.wpd