HomeMy WebLinkAbout10-5429IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC
assignee of CAPITAL ONE
Plaintiff NO. ' 509 0,-,v i t T?er*%
V. CIVIL ACTION - LAW
CHARLES H BITNER SR
Defendant(s)
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 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 or any other claim or relief requested by the Plaintiff. You may lose money or
property 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 HELP. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S BEDFORD ST.
CARLSILE, PA 17013
(717) 249-3166
FFG File # 154808
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PA/PA_NTCDE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC
assignee of CAPITAL ONE
Plaintiff
V.
CHARLES H BITNER SR
Defendant(s)
NO.
CIVIL ACTION - LAW
NOTICIA
USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda
puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despuds que
esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un
abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en
esta contra usted. Usted es advertido que si falls de hacerlo el caso puede proceder sin usted y un
juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado
en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder
dinero o propiedad o otros derechos importante para usted.
UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO.
ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A
PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S BEDFORD ST.
CARLSILE, PA 17013
(717) 249-3166
FFG File#: 154808
PA/PA_NTCDE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Midland Funding LLC
assignee of CAPITAL ONE
8875 Aero Drive
Suite 200
San Diego CA 92123
V.
Plaintiff
NO.
CIVIL ACTION - LAW
CHARLES H BITNER SR
2157 NEWVILLE RD
CARLISLE PA 17013
Defendant(s)
COMPLAINT
AND NOW, comes Plaintiff, by and through its attorneys, Fulton, Friedman & Gullace, LLP, and files this
Complaint and in support avers as follows:
1. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all
rights, title and interest to defendant's CAPITAL ONE account XXXXXXXXXXXX3486 (MCM
Number 8527371854) (hereinafter "the account").
2. Upon information and belief, Defendant(s), CHARLES H BITNER SR, has a last known address(es)
of: 2157 NEWVILLE RD CARLISLE PA 17013
3. Upon information and belief, this action is based upon a written credit agreement entered into
between Defendant(s) and the original grantor.
4. Upon information and belief, defendant(s) used or authorized the use of the account to obtain loans
from the original credit grantor for the purpose of obtaining goods, and/or services and/or cash advances.
5. Defendant(s) failed to make full payment of the amount owed on the account.
6. Upon information and belief, the last payment posted to the account on 10/29/2009.
7. The account shows that the Defendant(s) owe(s) a balance of $1028.32.
8. Attached hereto, upon information and belief, is a copy of the credit agreement provided to plaintiff
as either the actual agreement applicable to defendant, or an exemplar of such agreement applicable to
accounts issued by CAPITAL ONE.
FFG file#: 154808
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the
Plaintiff and against Defendant(s) in the amount of $1028.32, plus costs of this action, and any other
relief as this Court deems just and reasonable.
Submitted,
David R. Galloway #187326
ullace, LLP
Fulton Friedman &
?ri
130B Gettysburg ike
Mechanicsburg, A 17055
Telephone Number: (866) 563-0809
VERIFICATION
Ookhla $ch>w fw
being duly sworn (or affirmed) according to law deposes and says that I am
employed as a Legal Specialist for Midland Credit Management, Inc. ("MCM"), servicer of this account on
behalf of plaintiff. I am authorized to make this verification on plaintiffs behalf. The facts set forth in the
foregoing pleading are true and correct upon information and belief.
Jul 1 2 2010
Date
State of Minnesota
County of Stearns
JUL 12 2010
Signed and sworn to (or aff iinfd) bqore me on
Notary Public
I Ii 111I1 III IN IIII
DARLA tilt
Notary Publk4kr *
?tJl?,al.?,?
FFG file # 154808
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EXHIBIT A
CUSTOMER AGREEMENT
Wstomn to Capita One 0 We are pleased to open your oredd card secant. This
Agmainerd wmaw hhfarhation about your account Plwe read I and keep k for your
records. In this Apra and to words you."you' aW'ymW m%r to each person who
signed to application and to anyone also who uses to aooont in my way. Each of
you is indvidue9y, aand jointly abfpatad under this, Agreement The words 'we: %W and
'our MGM Capital One Bade and As sumeaaa or resigns. We can delay adoring
our rights under, to Agreement wifale take than
Usk* Your AecauM You can main purchases and obtain ash advances (if we have
told you fat cash advances we an option for you account) by mV your card, account
number. and any account amass decks (nnckudkg Purchase Checks, Convenience
Checks. Special Twister Checks and other s mir clacks) that we may send to you.
When we praMe you with amount epees decks, we will bl you vhd pay will be
tea ed as purchases, push advances, or special kanbers. Unless, we tell you oternin.
Convenience Cladx will always be treated as ash advances.
Your card or account ow. ha used in ourwoWn wth ay hdm.m or Legal gwbbv
traneseiions. Your cad and amount nay only be used for vdd end kadhs purposes. I
you use , or allow somaora ate to use, to card or account for my impermissible
purpose, you will be responsible, for such use and may be repined to mimbnume us and
MasterCard Irdnmtional Incorporated or Yea USA, Inc., sus appkcabe, ford amount
or expenses we or they pay as a malt of such k per iable use.
You agree that ra am not responsible it alias wins to homy your account f you
do not use your amount you may owned it by asking our Customer Relations
department and destroying your cad(s) and accord amass checks within 30 days eta
you roaiw tem.
Cash Egahabnt Transactions. If cash admmes we an option for your account, you
an use your amount to pudhre mass dint an dadly, comerlible to cash. These
casts e*welvrd terasdara will be treated as cash advances and will be tiled to to
cash advance segment of your amours. Cash equivalent sanasomme irndu I to
purchase of vane trarefer moray orders, bob, Wbry tickets, casino gaming drips, and
otar sir der prcdruets or services.
Your Cm& Umk You were Wit yaw eredn knit when you opened you meows. You
etas may have dillerant o sdif lints tat apply to Want segnnade of you accent
(such as purchases, cash advances, and specs himilias). These credit bribe will be
WwAW on your ponodc statement You epee to make purchases, or attain ash
aMerhoea any p b is return acct init. We may icrease or decrease you credit
kmib at any flaw, may MA the avow that is avail" for ash adwnees, or may
exclude ash advances entirely tom yaw socant We may honor transaction in
exam d your pct kind. eon if thou bnesetom reeui in an pmriunit tee, ad those
transactions and fees wig be covered by this Agresnwi.
Msdng PaymmWee. You promise to pay us of amount des r eaAbg from the use of
your accord, i cludim any franm charges and other charges aka under to berms of
this Agrarasrd. Payment mud be mods in U.S. dofw. Payments made by a
negotiable nstrmrnoue such so a chock or a money order mat be in a tomb a xaptbla
to us and be dawn an a U.S. financial institution. We may afocabs payment among to
various segment of you amount in any way we deormins.
You nest pay al fast fs ndrvinim amount des by the dab requested on your
etehmenl b avoid a iabe payment be. Homwer. you may pay more than to minimum
payment or pay ft bateme n U. In any case, knance chergss will momi ace to be
reached duke billing periods that you carry a balance mgwdm of whether or not
your stasement ahom a minimum payment due.
We can aopt less, psymsnts or pallet payment or checks and money orders marked
'payment in fiA' or other snriW language without brig any of our rights under this
Agreement. bmkdiq our right to moebw payment in kid.
Periodic Raenwant. Each month you have a balance in you amount, we will sad you
a statement slowing all ba eamfon billed b you account during do Ming period. The
biking period is the time Orion one statement closing date though and including the next
statement dowV dabs. The Kaherneed doing data dehmies the month of a specific
Wing period. For example, you January biking period a the NOV period with the
statement d ngdabn3mary.
France Charge Information.
A Grace POW You will hm a mina um gran period of 25 days without finance
mharye an raw purchases. new balance traneere, now special purchases and new
other chs" I you pay your toW Now Balance n shown on you periodic shift i in
id and in time for it b be credited by your next statement tang dab. There is no
gram period an rash advances and specs transbra. In addition, If you did not pay the
total Now Bsence fiom to previous bfhq staternernt in Ad and in lime for I to be
credited by your next shbnrd tang date, there is no grace period on any
transaction.
9. Acmuirg Finance Charge. Tra radon which w not su*ct to a Face, period w
aeseesed knows charge as Follow:
.Transactions made, dung the mnaot bikirq period: from the transcbn dab.
eUndaMd transactions aid tremacliorr made with amount access decks: from the
dab the kaeschm is processed to your accent.
aTraeactons made prior to the current Witt period- fiom the fret calendar day of the
current biking period.
Addtiondy, I you did not pay to Now Balance from to p eviow biking period in full.
finance charges mnlirw to soar to you unpaid balance unM file unpaid balance 9
paid in kM. This mean tat you may Kit owe fnanoe charges, am if you pay No
errbe Now Balance indicated on the front of you sbferarn by *a next statement
doing des. bid did not do so for des pevian moth. Unpaid finance charges are
added to the ppkcabt sepnant of yaw account.
C. Minimum Finance Charge. For each big period that you account is abject to a
finance daps. a minimum bW Anna charge of $0.50 wi be imposed. If to kcal
finance charge raatsrq from to sppiwabon of your periodic mb(ar) is less tan $0.50,
we will ouMwct that amore from to $0.50 minimum and fa dfaranoe will be billed to
to p fatme segment of your smort.
0. Periodic Robs We dKamine to defy pe odic rate by dining the annual
percentege rat by 385 and rounding e to the neared 11100.0001+ of 11%. The rate may
be ditaai for each aegnvw of your amount (e.g.. cash admme, purchase, specs
purchase, and spend lmnbr I applicable, for you amount). You were told it* daily
periodic Mes(a) when you opened you socount ad it appears on your stalament.
E. Canudaimg France Charge. Phan doge is caloWed by multiplying the daily
balance of each segment of your account (e.g., ash advance, purchase, special
DD4n2•tt
burster, and special prchre) by do c mrpoditq drily periodc robe(s) tat has been
previously, disclosed to you. Ad the and of each day during to Wkq period. we apply to daily
periodic rate for each agmre of your aeon" b to dry balance of each aegmar t. Then at
the end of to big period, we add up the must of dues daily, oslasM ova to striae at your
periodic finance dupe for each asks W- We add up to weutw tram each wPasnt to amw
Kfrobbaip+rbxtimfinancecharyeforyoure osit.
To gal to daily, balance for each aegi of yaw socouK we Islas the begbmng balance i0r
each stgnbnt ad add arty raw WW*Kbon and cry patoio Gnane dirge caladatd on the
peYba day's IhaI for to aapnnew 1 We film ubtrad any, psynsnts or crsdde posted as
ol"delithat w aIon W b far sapmen The gives a the sspanle dsiy balance for each
sepnwnt of your amount ttowaver, if you paid the NW Balance dawn on your psveus
sbtilri in fiul (or I your New Balance was wo or a Gent amoud), new transactions which
post to your purchase or special purchase asgmuie am not added to to doily balances.
To calasais your WW limes charge. nm/4py you a -age dry balance by the ddy periodic
rose ad by to number of drys in to lift period. Due to muurndrg on a daily bees. fare
may be s &W variance between the nlaAefon and tins amount of manse doge actually
asoomw.
F. yeriabde Radar. Whoa and when variable isles apply to you account, tile rat(s) may vary
quarterly based on changes in to hiplhest Prins rob pub rind in to 'Many Rats' section
of The Was Stmt Jimmal. Any changes wi be eI a an the laden day of your January, Apol.
July, and October bung periods, and will be baud on to Prime tab published on I he nth
day of the ptevedng mrhth or, I rat phbissd an that day, an the mat record InvAcius dab of
publication. N fm periodic Mes(a) sad cormepoundii anal percentage rebels) mcresse, the
fineeos charge will immures and you minim payment maybe fmKar.
G. Cab Advance Fee. I a ado advance he applies to your amount. you were bid the fee
whin you opened yaw account Tha be will be duped each law you obtain a assts advance
and wig be added to the cash advace aepnaud of yaw account and wig reduce year available
auk The amamt of De cub adrmce Les roll be added b otlef tnarnceotwgee onyou
parodc KKereern for the purpose of odcsdng to wind pwwrbps roe dradoeed fore.
This may eras the was percerewga tab disclosed on your KaMnsnt to be greater than to
annual perwit gar alas to was &closed b you whan you opened yaw account
H. Tempomry Reduchan in Finance Charge. We mesh the right to rot eesees any or ail
finance charges for any fwen biking period.
Other Far and Charges. The bowing fees may be baled to to purchase segment of your
account, unless otherwise speckled, in every biking period in which toy apply : W payment
tee if we do not moeiw your payment in fms for I b be aadbd by to bko" statement
doeiq dab: orabnl be if your amount (or cry segment of your acmwd) goes or slays
above ny Wrrpom* or psrmsma y asnipned petit kA even I we approvad to werfmit
amount at any lime dubg to bfYq vide (wpardleas of wheMr you ward owafenit a a
resit of a transaction. fllahm charge. or say other fee or charge): returned deck fee;
imposed every tiro a dock is miuat to we for any reason, or I we snot honor your
amount seem decks for any roast; and copying; charger for duplieehe copies of
transactions or sbbvw t unless ragniwad for biking dispute molumn. These less and
tdnages wB rhd be aaasnd I yourb?rp eddies war n Ptbrb Rico who liar accoui urn
opened. The fat and drops arsuab we dedwad to you when you opened you akmud. If
cry of tlheee fees or dsryee w changed ubasquerd to yaw nom open np, you wiN be
admad of the new amount Ww mama to right b waive Lass bes without pip nodfiafion
b you.
Membership Fur. If your accent has a membership fee, it was docbaed b you wlerr you
opened your aocoom. The be wi be billed to to purchase segment of your account.
Credit Buleaut Informs lom You agme, tat we may obtain your asdl ml rmatcn from credit
repoilk agencies at any lime for the pupoeew of nnAwk your credit perfamwrce,
mrraging your amount and moralderilg you fa now ohm and programs.
Future Others. This terms of ay We of will be diesird to you at to fin to OfN is
meds. I you accept an after, be bans will became efocbo immediately unless otherwise
specified in to offer.
Debut. We may onside you b be in its" under ft Agreement if.. (a) you hnl to pay too
m inlmur{ payment an fns, (b) you sicced you ride lh* or (c) you fay a with tads Led
are resumed for any reasom To the axWS permitted by law, you may also be in dstrM under
the Agreement it (1) you vbolale ay of is other isms of 04 Agnsenwa, or any of the wow
of any other Wm mi with in or sy of me aiOWes, or (2) you meta any lalse or misleading
statements an your ppkafon, or (3) berduuplcy or oiler insolvency proceedings w ms*Avd
by you or atanet you. After you w in ddrst (or dW we gin you am unofa of or right to are
Oe defrni I mquisd by law), war nag nit you aoomd flan rew twrssdiow a dose
your socunt and demand naMdske payment of fs @We outstanding balance. In addition. as
a resit of to default, your minimum payment way' nnnsa wil out advance notice.
To the extent pennkbd by law, you raw b pay d anus cash and collection expenses
named by us in On collecln of any wound you owe as under this Agmemo t D you default
and we MW your account for collection to an afohmy who Is ant our salaried employee, to to
extent pommeled by law. you epee b pay reasonable, Kipaya' lase. You also agree to pay
any cost we may incur in nVisw ip your ands, including any costs we may roar by hrAw
your accaut pleased n s mestrided is.
It You Clue Yom Acwud. You can request to dose your somrd by asking our Customer
Relations deperimea You must destroy all card{ and account access decks. cures all
pu*abed biking arrangements, rd era maimg you amount. If you do not anml
pswtamized big Wmnpernant, we wb o madw reaeQt d a dwells your aul araabon to
mmpan your aomrd. Addionefy, you scaasntwi rid be closed until you pay all arrant you
awe a ihekrdig: any trarsac.. you taws Medea, finance coughs, We paymnt foes,
werfroit Is", reined dodo bus, cash admmncs feee and any other far assessed to your
amount. You we npaabie for time ought wisfor they appear on your amount at the
tom you request to dose to scournt or Ley am inured snbrpsM to your request to does
the aoourit This may rowtt in charges appearing an your account after you hm requested
the account to be dad or tie reopening of yaw amount I t has already been clad. For
example. I you a ilhoimd a phrsnw fwm a merchant and ws mo m this transaction from
the. with nt afar yaw account has been clad, yaw soemrnt rill be ripened the an o"
of to charge will be added b yaw acoue, ad you will be respon" for psymor I Dues is
a membership be for you account, to be will Cntinane to be charged, to the ezbnt permitted
by low, until the amount balsa has bun pad in Asti as defined above.
I you ww b stop an authorized user's amass to your amount. you front cd our Custom
ReLemmi department and doeboy to were mad (iay) and any amount access decks he or
she may hm. V you we unable No dafny tat peran's ad and account access checks. and
you Cd our Customer Rolf depertord to dot your scant your am aunt will be coed
and both you and No join cardholder. I any, may apply for a now aacrud. D we dose
the
eaant you and the W todholder. if any, will still be lobs, idir &* and
together, for of amounts charged to you acwwd
N We Condit Your Acawurt or Suspend CrM M PrFisil". We may at any timt,
with or without cam and with or without advance notice, bmnwnab it"
Awasmnd ondror Wt4xmwfy Of Pamnnwtty surPond your audit priuit lies. This
includes, but s not limited b, sianviom where you have violated this Agreement or
where we ha" reason to doubt your crociloorthi se. Your obagstam under hue
Agreement chnimu after you rights b obtain act have been Mrrni - cr
suspended. We may delay in onfordrg our rights under this Agreement without
loarp them
Changes In Terms. We may omit or charge any Part of you Agrewnent
including the periodic MIM and other dhesgee, or add or remove requirements
(Including adding new rapuiNmnM of the acme or a different MtLn as the wising
raquirerronts in this AWvsmnt) M am ire N we do so, we wdf On you notice t
mqund by law of such smadmed or change. Notice will be mailed to the hat
bhV addees indicated in out records. (Narwar, no nice wit be mailed if we
pmmvwWy had moiled you that yaw account would be sbjed to such ones rant
or change without notice.) Changes b the annual Paantegs nae(e) ail appy to
you account bow= imn to oNcive data of the chugs, wlMlnr of rot to
axxMam balance included avers billed to t ho acoerrd bakes the donga dab NO
whether or not you continue to his to account. Chants to fees Mid other 011011116
will apply to you account from the elect" data of to dher
Appffcoble Law. This Agroomemwl be go ohned by Virgin law and Federal law.
Severabi ft. The invalidity of any provision of tut Agmeme nt shit not affect the
validity of any OOW provisions.
Loaf or Seolla Cads or AcomM Access Chaco. 9 your cards or account
ecaxss dada am bet or dDln or it someone oleo may be Bing them without yaw
permission, notify us at once by calling in wbphoma number shown on is front of
your periodic dademasa. You will not be Mile in any amount for u autwrimd use
of your ems or account access docks.
Yaw BIM" Address. You agree to q" us written notice of any drags in gar
billing address at best 10 days bolos the change. Charges may be written in the
spew prrnided on the mmoom oodoor Potion of you periodic statement of may
be sent to the Mmkq address: Cpiel One. P.O. Box 85015, Ridmond, VA
23M.5015. If you aooa»t is a joint axaaf or I more thin me Person is
permitted to use it you ogres that al noiwe regarding the account may be aerd
solely to to address shown on our billing records.
Conummicatione. We may cal you (using in operators, automatic doing dmdces,
or recorded manages) at home or work and foes cob will M be considered
unsolicited. We may morilor or scud airy cuts we mite or receive. We may
msese nfonnatiah toodws rogerdng tlo onro a hsbry d gar accowd as is
mom kAy diseased in tr Capisl One pdncy poky. a copy of which has been
provided to you. We may mom inquiries of Mid pates in connection with
maintaining and cotecphg you account, and you arthdrixe such tdrd Parties b
release nforrroiam abed you b us.
Cardholder BensMb. Cedhdder benefits may be danged or terminated witow
notice. The bomsiis may be p vided by third pates: we are root liable for such
bww% or for the et ao or omissions of the third parties.
U.B. Currency. N you make a purchase or cash advance in forsig n c rrawy. On
tramadim will be converted into U.S. dotes, using Vas or MasterCard regulation
and caweaion procedures in sled at to time. Vie or Ma"Cad may rhasass
to conversion roe and keep to inaseead smourd. The roe in aced on the
conversion deb cosy daft ham to raw used on the transaction data.
ARBMT10N:
You ad we agree thal odor you at we may, at either party s nos elector, require
tot any Chi m (esdslmd below) be resolved by bind g afuhe4on.
F YOU OR WE ELECT ARBITRATION OF A CLAM, NEITHER YOU NOR WE
WILL HAVE THE RIGHT TO PURSUE THAT CLAM IN COURT OR BUM A
JUDGE OR JURY OR TO PARTICPATE Nf A CLASS ACTION OR ANY OTHER
COLLECTIVE OR REPRESENTATIVE PROCEEDING. EXCEPT AS SET FORTH
BELOW, THE AR&TRATOR'S DECISION WILL BE MI L MO BIiDINO.
OTHER RIGHTS THAT YOU WOULD HAVE F YOU WENT TO COURT,
INCLUDING THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE
LIANTED OR ONYARABLE M AIM MT10N. THE FEES ASSOCIATED WITH
ARBITRATION MAY BE HIGHER THAN THE FEES ASSOCIATED WITH COURT
PROCEEONM.
Spacial DdaMiom for this Ad&atfon Provision. For die purposes of this
arbiaatan provision ("Arbitration Provision}, the following definitions shall apply in
ad66am to to dokhlons aMto* in the Customer Agreement CAgraemad9:
'Wo, 'us' and'our' noon Ir owner d your account (Copilot One Bank or Capital
One, F.S.B.), is parent and tai direct and indirect subsidiaries ad Offiisles, a
wag as all of their ropeens employees, officers. dnctoro, hioenew.
predeaeeors, suaceesan, and assigns.
'Clain' memo any claim, controversy, or dispute of any kind or mire between you
and in.
A. This de&Aon includes. wiNrouf kAtation, any Chen that in any MANY areas 5om
or raw" b
.fns Agreement and any of is temp (including any prior agreements between you
and us or between you ad any odw e" ran which we acgdred your saint{
.this Arbitration Provision (including whether any Claim is subjed to sbibaaah)
.fns oatablidmrot t, operation. a termination of your account
.any disclosures, advwYesr+wntss. promotion, or other com muwrtaw rolling to
your account. whether they occurred before or alter your account was opened
.any transactions or attempted transactions mvdvirg your sodium
OOdn2.21
.any other melk" rwlafing toyour accou t oryou retefahsNP wiffi us.
B. The obfeaion abo ndxba. w7haA Gallon. any Claim:
w 9so-Aves of how or when it is brought Ifor example, es an mist claim, oouasrdalm, rxrss
dam, inorplea ft, or t hir6gorty ddm)
.biked on any theory of roil of "Too" (ndnding mom damages and any form of "so&
psnfomrnce or iry'dnch", declaratory, a other equitable rvl a
based on arty theory d law or oq* (including cormraot tort. baud. MWA11110n, stotew,
rep"on, ordinance, or wrongful acts or omiee om of any Ms, whether Moliowm, focklm, or
nbntonan
.muds by you or by any=* connected with you or clanwg through or IN you (nokdig a m
appicwd or euindmd user of your account you agea your rspraeadsive, your hen, or a
hows in hanwupby)
skir which we may be directly or ni iedy lsble under any tlscry, including nspondest sheer"
or agency (wear a we on rot Property named at the time to Claim is me&)
.now in wxuWm or that may arias in the 1Wre, regadleee of when the fads and
t wastes do thid giw we b it Claim waned or when the Cavan accrued
.uncle as pert of a clew action. private saomroy Pmm1 actin, or afar repreemMiw or
catecive action, which Claim ohd proceed on an i1dhodwal bow as act bM man fully in this
Arbitration Provision.
Arbitration Adnirfatrators. One of to kiowirg arbibalon sdnirnaaatom PAdmi-tstor' a;
oafedfivey.'Adnuruetrslxs') wit administer #0 arbirlbOr:
JABS American Arbitration AWn National Arbitration Forum
1920 titan St., Ste. 300 335 Madeon An., Floor 10 P.O. Boas 50191
Mans, CA 92810 Now York NY 100174505 Minnsapd s, All 55405
wvm.ieMM&Car www.adr oro www mbftmuricru nn corn
You may contact any of to Admimatrabrs to obtain inforrmatah about arbitration, arbitration
mites and procedures. fee sc odrfes, and claim fora.
Election and ldtlelaah Of Am6itration. You or we may elect abitrNim wider the Arbitration
Prawicn with ripest to any CAanh, am t is Claim is part da wvine brought in court. You or
we may make a rotiah or request in oast to carpal abilatian of any Clain brought as part of
any hassral We will not wed or viliab srthitrabm of any Claim brought in a small claim coat
(or to 9*nvedoM. so tang as to Claim ramie in Mat carat, o made so* on behalf of an
ildrfd el or jed aeoart holder, and a not made a part d a does action, privide attorney
general action, or other oprosem" or collective action.
You and we must Mow do ruln of the Administration b nidoo arbibaton. If you niiate
absaYon, you may c oow one dthe Administrators, and you mud aril m any notice hsgwed
by fa Administrator to P.O. Box 55550, Richmond, VA 232055800. If we initiate arbitration, we
will dto0es one of the Admidebatas, and we will mail you aql notice rogwad by the
AdnwrakMa b your kdamaan boiling address. N we he" ril'rbd autisalion. we will change
On A6dnstralor at your nattiest N you nogg to in vaftirg at to above address within fifteen
days Of to dab dory notice we send you of our wAsion of arbitration.
Paacsdwa and Law ApplIcarb in Arblions This Arbitration Provision s rude pursuant to
a transaction imalwng innate command; snd and be gwerrwf by and whore" minder the
Federal Arbitration Ad (tho'FAA'). Quwtarr about whether any Clain s xhpd to arbitrator
shit be mool"d by interpreting Mier Mansion provision in the broadsM way A may be
ensued, cdnaident with to FAA and tho lens of this Arwratim Provision. The arbitrator will
apply aubdanbiw law carslrnt with Ms FAA and appkcalte awades of imilaws. The
arbitrator may award any damages or other raid parmged by appfceble subsks " law, but
do award stank determine to rights and oblig, i d arty In named pwtiw and only with
roped to On Claims in arbitration. The miss and praoedura of the Admimtrator, which you
may obtain from to Ababa. shell go"m to arbitration; unless they acid with fie
Adetreton Provision, in which are to Arboation Provision will apply. The obbator will not be
bound by. and file Arbwation Provision shat red be subject to, do wderal, slab. or local rules of
procedure and ovideMS tut would apply in any court or to ebb or load laws that relate to
arbitration proceedings. You or wo may have a hearing in arbo2aron. Any whiraton tearing that
you sand in person will tdr place at a location in the lademi judicial 6" that mnrdes your
IsaNmown billing address or at some other piece upon which you and we agree. You or we may
be represented by counsel. N you or we request the an'rator will honor claims of pnW*p
recogrowd under "pit" law and will use bet affaba to prated cedidenial informahm
(including trough in use of probative orders). The arbitrator will make any award in wdig
and, at the tnoy rogod of sew party, swig provide a written statement of ransoms for the
award.
Costs. The pay misting arbitration wit pay the n" troll foe You may seek a waiver of No
Mal lung ate awry dta Adminialrido s other fees (cofediwly,'Adrruruetrabrs Fees') under
any applicable rein of do Administrator. N you seek, but do not quegy for, a waiver, we wig
conadv any wiles request by you ba us to pay of nimbssa you for all or part of the
Admihiilrobes Fees. We also will pay or reimburse, you for of or pan of the Abnnisrawrs Fees
if Ile wNrebr determines two is good maasm for us b do so. We will pay any fees and airs
we am required b pay by law. Otherwise. and crept as provided in this Agreement you and we
will bear of of our respeatin fees and arts (odud'ig do AdrrMmstrabr's foes and the less and
cceh rasing b oatlonnoya. expwrb, and wakwee..), ngard.es dwho pnvalh. Albceion dwas
and torts racing to appeals in adnitrMbn wig be handed in go same manner.
No Consolidation or Joinder of Pates. The arbitration of any Claim must proceed on an
individual basis, even NMe Claim has been asserted in a tout as a does acton• prints altomey
general action, or ether rapreesrhietve or coWve adion. Unless all panes crosoM niter
you nor we may join, consolidate, or otherwise brig Claims related to boo or more accounts,
indlMols, of saxasd holders in the sons asbiYaform. Also. unless of parties comanL neither
you ass we may pasue a class action, privab aft oy general action, or other mpresenwWo or
abcl va action in smbnANton, nor may your or we pu ew such actions in Croat 4 any party has
eI .. abirsnYon. YOU wi not haw the rght to ad a a class reprwnrrw or Participate as a
mmernber out a does of claimants with moped to any Claim as to which arbitration has been
elected.
Jmdg n * Enforcement, Finality, and AppsaL The arbitrator's decision wig be final and
binding "ilben days unbso you or we seek an appeal of the awed by making a written
request to to Administrator. The appeal Perot, which will comist of Name amniralaa, will
consider erg tactual and legal issues awe. will con" the appeal in the sane mom as the
initial wbitarom and will make decisions based on to vote of the mat only The pa errs decision
will be iml and binding. Any final decision of the abirawr or of tit appeal pawl is suliiact b
judicial nomm only as eM forth under ft FAA An awed in arliifreram will be erdaeeable under
to FAA by say coat having 0iodiction.
MeoeNnoan, Wai"r, BevembMly, Survival. N you or we do not sleet arbitration or
Otherwise wdore On Arbitration Provision in confection with any particular Claim, you or we
will not waive any rights to squire arbiration in connection with that or any other Claim. This
.arty biting or colt ciors matara relating to your accaurnt
.any posse of trrsad iMs, (including payments Of craNs) b your account
.any goods or services charged to you account
:any fees, ineved, or other charges assessed to your account of their calculation
*any products, services, or bamfm programs related to or offend in connection
with your account (met** any insurance, debt cancellation, or exw xW service
contracts and any programs, rebates, rewards, vesepstdoes, memberships.
discerns, or coupons) whether or not we d9emd, introduced. sold, of provided
them
.our mono. use, or dsddsae of any information about you or your account
Arbi OM Pmvieian"ourm: () suspamion, Wmkiebm. woohm. down,
or dwgw of Via Agreemwk your acomad, and your mWiDramP Wkh ue; M the
bwkwky or irvw rr6y of airy party, and Oll anY -OW Of Y- amxaad, a arty
smWlda owed on yw a wiK b any adwr Ww or 9oly.1 any POW of ltie
Arbitration PfoVOlan is deamad Invalid or uraarbrcaabte, dw wmi np potions of
this kbdrert m Pr vmn ebd nnwtWm mw vdd and in force. n the mO of
a awfid a ncorambney bowm the Arbitration Pmvmm and go dw
provWm of " Apwns m a arty Pim *Wnm-A, to M"ion Pm Won *Al
llovern.
064112.29
0 2002 Capkal One Services. Inc. Capital Or* is a Ibdtmb mO*rsd wake
mark. Al ighla weer md.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
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^~PF~6E OF'~:E:~`•SRiFF
RI~'D-~C}~CE
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Midland Funding LLC
vs.
Charles H. Bitner, Sr.
~0 ~~'i.~ 3Q f'~ 12~ 5b
C~t+19Eki..wr`~+~ COUNTY
~~vsnv~
Case Number
2010-5429
SHERIFF'S RETURN OF SERVICE
08/27/2010 08:45 AM -Jason Vioral, Sergeant, who being duly sworn according to law, states that on August 27, 2010
at 0845 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Charles H. Bitner Sr., by making known unto himself personally, at The Cumberland
County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania
17013 its contents and at the same time handing to him personally the said true and correct copy of the
same.
SHERIFF COST: $33.84
August 27, 2010
i~ ~~
JASON r L, DEPUTY
SO WERS,
RON R ANDERSON, SHERIFF
(c} CountySuite Sheriff, Teleosoft. Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC
assignee of CAPITAL ONE,
Plaintiff
vs.
CHARLES H BITNER, Sr.
Defendant
To the Prothonotary:
NO. 10-5429
CIVIL ACTION -LAW
PRAECIPE FOR DEFAULT JUDGMENT
Please enter Default Judgment in favor of Plaintiff and against Defendant(s), CHARLES H BITNER, Sr. for failure to file a
written response to Plaintiffs Complaint.
(X) Principal in Complaint
Less payments received
Interest in Complaint
Attorneys' Fees
TOTAL
$1028.32
$0.00
$ -0-
$ -0-
$1028.32, plus court costs and statutory
interest from date of judgment
(X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint
and is calculable as a sum certain from the complaint.
(X) Pursuant to Pa.R.C.P. 237, I certify that a copy of this praecipe has been mailed to each other party who has
appeazed in the action or to his/her Attorney of Record.
(X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or
delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default
occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached.
FULTON, ~Di1~AN, & GULLACE LLP
Signature:
David R. Galloway #87326
130B Gettysburg ike
Mechanicsburg, A 17055
(866)563-080
Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
FFG File # 154808
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FU LTON FRI EDMAN & GU LLACE LLP
Collections, Consulting & Litigation
NEW YORK
z8 E Main St., Ste 500
RnrF~ocfcr Na~ni Vnrk~n(.~n
CHARLES H BITNER, Sr.
2157 NEVWILLE RD
CARLISLE PA 17013
Telephone
(866) 563-o8og
Please direct all calls to Tom McCarthy
September 21, 2010
Re: MIDLAND FUNDING LLC assignee of CAPITAL ONE vs. CHARLES H BITNER, Sr.
Docket No. 10-5429
Dear Defendant:
ARIZONA
2345 a Thomas rd
Suite 460
Phoenix, Arizona 8506
Enclosed herein please find a 10-Day notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil
Procedure.
Enclosure
CC: CHARLES H BTTNER, Sr.
Sincerely,
FULTON, FRIEDMAN, & GULLACE LLP
~2
David R. Galloway #87326
130B Gettysburg Pike
Mechanicsburg, PA 17055
(866) 563-0809
Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR AND ANY
INFORMATION WILL BE USED FOR THAT PURPOSE.
FFG File # 154808
IIIMI IINWI Iill Ilpllll IIII IIIIIIIIIIIIIIIII 111111
PAPA l ODAYN C('
' ~ IN THE COURT OF COMMON PLEAS OF CtJMBER.LAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC
assignee of CAPITAL ONE
Plaintiff
v.
CHARLES H BTTNER, Sr.
Defendant(s)
To:
CHARLES H BITNER, Sr.
2157 NEWVILLE RD
CARLISLE PA i 7013
DATE OF NOTICE: 09/21/2010
NO. 10-5429
CIVIL ACTION -LAW
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND
YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, 'T'HIS 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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S BEDFORD ST.
CARLSILE, PA 17013
(717) 249-3166
FULTON, FRIEDMAN, & GULLACE LLP
.-~ ~""
By:
David R. Galloway #87326
130B Gettysburg Pike
Mechanicsburg, PA 17055
(866)563-0809
Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
FFG File # 154808
PA/PA_l ODAYNTC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
I:AND Pf3NDING LLC
assignee of CAPITAL ONE
Plaintiff
v.
CHARLES H BITNER, Sr.
Defendant(s)
NO. 10-5429
CTVII. ACTION -LAW
NOTICE OF TUDGMENT
Notice is hereby given that a Judgment in the above-captioned matter has been entered against you as follows:
Principal in Complaint
Less payments received
Interest in Complaint
Attorneys' Fees
TOTAL
$1028.32
$0.00
$ -0-
$ -0-
$1028.32, plus court costs and statutory
interest from date of judgment
NOW, OL'~OhEr' aD , 20 10 ,JUDGMENT IS ENTERED AS ABOVE.
Pr /Clerk, ivil Division
By:
DeButy
I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is:
CHARLES H BITNER, Sr.
2157 NEWVn.T.R RD
CARLISLE PA 17013
& GULLACE LLP
Signature: ~!~
David R. Galloway
13~ Gettvsbur¢~'
Ivlechanicsbur , A 17055
Ems) 563-0 _... _,.
Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
FFG file #: 154808
I illli 1111 NCI Iill IINI IINI Ilal IIIII i~lll ~ ill~lll ~ IIII
PhlP;4_NTCOFJ