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Home My WebLink About08-3703IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. CLYDE H FLANAGAN III Defendant NO : 08 - 3103 o'wit-Ferf& COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Wa.rnibrodt,42524 WELTDIA.N, WEINBERG & REIS CO., L . P . A. 436 Se"lenth Avenue, Suite 3.400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06737367 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No CLYDE H FLANAGAN III Defendant 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 co the claims set forth aga_rist 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 r.equested 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, is a corporation with offices at 6500 New Albany Rd, New Albany, OH 43054. 2. Defendant is adult individual(s) residinc at the address listed below: CLYDE H FLANAGAN III 701 NEW BLOOMF'IELD RD DUNCANNON, PA 17020 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXXXXXX1824 . A copy of Plaintiff's Statement of Accounts attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of Mav 28, 2008 , in the amount of $1930.53 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $300.00 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant , CLYDE H FLANAGAN III INDIVIDUALLY , in the amount of $1930.53 with interest at the legal rate of'6.000o per annum from date of judgment plus attorneys' fees of $300.00 , and costs. James C. mbrodt,42524 WELTMAN, WE BERG & REIS CO., L.P.A. 436 Sev nth venue, SuiLe 1400 Pit.tsb rgh, PA 15219 (412) 34- 955 FAX: 12- 8-7130 06737 6 A Pit ABR This law firm is a debt collector attemp i.g to collect his debt for our client and any information obtained w ll be used for that purpose. CARD Payment Due Date $ L `? DUE IMMEDIATELY 06 SDSNSA01 0005465 CLYDE FLANAGAN III Will your payment get to us on times Pay 701 NEW BLOOMFIELD RD your bill online and your payment can be DUNCANNON PA 17020-9717 made to your account on the same day. Visit Discovercard.com/payments today. Address, e-mail or telephone changag Print change in space above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. PO BOX 15251 1111111111 WILMINGTON DE 19886-5251 000001986458090723244019305300000000193053 Discover More Card Account Summary Closing Date: March 8, 2008 page 1 of 1 Account number ending in 1824 Previous Balance $1,930.53 Payment Due Date April 7, 2008 Payments And Credits 0.00 Minimum Payment Due $1,930.53 Purchases + 0.00 Credit Limit $1,700.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 'Cash Credit Limit $0.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance $1,930.53 Cashback Bonus" Opening Coshback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Cashback BonosSI-Anniversary Available to_Redeem. _ _ _ _ _ .... _0.00. Date: April8 How Can We Help You? For Account Inquiries, write to us at Please have your Discover Card available. Discover More Card, PO Box 30943 Salt Lake City, UT 84130 Manage your account online at Discovemard.com MD (Telecommunications Device for the Decd): Customer Service: 1-800-DISCOVER (1-800.347-2683) For assistance, see reverse side. EXHIBIT L Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 29 days Purchases $0 0.06847% 24.99% F 2499% $0 none Cash Advances $0 0.06847% 24.99% F 24.99% $o $o previous billing period: 31 days Purchases $0 0.06847% 24.99% F 24.99% $0 none The rates that apply to your Account are either Fixed (F) or they may vary (V) as noted above. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsifications to authorities, that he/she is Robert Adkins (Name) Accounts Manager of DFS Services, LLC , plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. (Signature) WWR # 6737367 CLYDE H FLANAGAN 6011002920661824 6a. w e o ?' ?_ I O U ?? CAS `Ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. CLYDE H FLANAGAN III Defendant No. 08-3703-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I. D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6737367 W IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-3703-CIVIL TERM CLYDE H FLANAGAN III Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ?. James C. a brodt, Esquire PA 1. D, #4 52 1400 Ko ers uilding 436 Se nth venue Pittsb gh, P 15219 (412 434- 55 SWORN TO AND SUBSCRIBED before meII this X,,J day of TAI ?. 2008 PF SYLVANIA COMMONWEALTH OF Notarial Seal Jennifer M. Borowski, Notary Public City of Pittsburgh, Allegheny County My Commission Expires Feb. 22, 2012 Member, Pennsylvania Association of Notaries ? c _. ;? -?, 3._?.. ? l v ?I r ry ? W +?.z* j? '{' r s • ?"n ,....?. ?? }^^ ..i,'a9 ???