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Home My WebLink About06-6102r , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. CHARLES H BITNER SR Defendant No : CL -- (m 16k cl uL ? COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05468376 C A Pit KEB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No CHARLES H BITNER SR 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 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, CAPITAL ONE BANK is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendant is adult individual(s) residing at the address listed below: CHARLES H BITNER SR 2157 NEWVILLE RD CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 5178052182561775 . 4. Defendant made use of said credit card and has a current balance due of $3565.43 , as of October 06, 2006 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 25.90096 per annum on the unpaid balance from October 06, 2006 . A copy of Plaintiff's STATMENT is attached hereto, marked as Exhibit I'll, and made a part hereof. 7. 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 , CHARLES H BITNER SR , INDIVIDUALLY , in the amount of $3565.43 with continuing interest thereon at the rate of 25.9000 per annum from October 06, 2006 plus cost Jame WELT 436 Pit (4 2 F 0 46 This law firm is a debt collector a our client and any information obta C Warmbrodt,42524 N, WEINBERG & REIS CO., L.P.A. v nth Avenue, Suite 2718 gh, PA 15219 34-7955 12-338-7130 76 C A Pit KEB ting to collect this debt for will be used for that purpose. peoplepa, online u A better way to Intemet. • J ?^ Surf up to 5x Mswrwith FREE Acceferatnr Wow first 12 rrronfhs'- a ssp value! 1-888-587-9669 .' • • Mention Offer Code: DOLLAR Visit www.peoplepc.com/go/dollar UNLIMITED INTERNET ACCESS PeopiePC Online offers the features you wouid expect trorr, higher-priced Internet Service Providers, including: Virus Protection powered by SymarnecT. Pop-Up BlocKerT. j Spam Contrbfs,j T? ® Smarter Stn p,falej Taghnology ® More E-4i'taul`A5 i6i' ir,,; Capital owa Account Summar, PLATINUM Nl kS T ERCARD ACCO fNT NOV OF - DIPC 07, 200> 517F-0521-625o-i:7_ 1 of 1 payments, Credits and Ad tmenu Previoty. Balance $1,934.62 Pavments, Credits and Adiusument $.0O Transactions I ransactioaa $64.00 Finance Charges $42,23 1 OF NOV OVERLIMIT FEE s2s.a? 2 Ci DEC PAST DL?E FEE 0; 35 New Balance $2,040,85 . Minimum Amount Due $2,040.65 When you send us a cited;, you authorize us to make a one-time electronic fund transfer debit Pavmeni Due Date lama-e 07, 2004 from your bank accoum The transfer will be for the amount of the check. You agree that if a third parry submit a check; for your account, that individual, is .your agent and was provided with these Total Credit Line $L250 disclosures. If we cannot process the transfer, you authorize us to make a char e a ains vote Total Aiailablr Credit $.00 g g bank account using a paper d, aft. Credit Line for Cash $1,000 Mailable Credit for Cash $.OO _ You were assessed a par due fee of SK.00 or. ;2./07/2003 because Your minimum pavmem w•as not received by the due date of 12/06/2003. To avoid this fee in the future, we recommend that you At your service allow at least 7 business days for your payment to reach Capital One. T. nll Cuatnmer Relation or to repon a lost or stolen mrd: 1-800-903-3637 For f- online. xconn ne 1cr and speaal astomer offer. log on to: wwa rapit.6--m Send paymenu to: Send ir,q,-. to: Attn Remittance Processing Capital One S-1- Capin] One S-ice F.O. B. 85147 P.O. Box 85015 Richmond VA 23276 Ri htnoud. VA 23285-5015 Evince Charges Plea a tee rexu a ide lm i giant iinformatio n. Bream rat, Penaau Corr nandmt; F ppirrd:c ear, .APR 1. 17 A PURCHASES 51,98195 .07096% 25.90% CASH $4.2.23 5.00 .07096% r.90% 5.00 .A-N'NLJ.4L PERCENTAGE RATE applied this period 25.90% V PLEASE RET,iRN PORTION BELO\M17 \A7TF3 PAYMENT. "'~'f°low 0000000 0 5178052182561775 07 2040850040002040854 P--rase mm: -dm; .4i-, and,o..-maze riimiyn deeov, usm? dire m Neu Balance $2.D40.85 ems, me_ Minimum Amount Due $2,040.85 ,t, Payment Due Date ho: Tanuan? Gi, 2004 Sta.. ??; Torsi enclosed $ -om. nog -• - Alne[nat• neon. Accoum Numbs: 5178-0521-8256-1575 ..mu. ndares: #903411250'188518# MAIL 7_D NUMBER Ca 4-al One BanY CHAFES F. BITNER SF, P.i). Box P5147 (tlnlllutlim6r.ll 255- NEVA=LE P.D Richmond, VA 2327E o •? CARLISLE PA 17013-7746 1111.111 If 11 pool .1 Please -tr -- account number or, vow dbahl or money orde, matte pavab,, to Capital One Ban< and mat! ir, the enclosed enveiobe. peoplepcrr online \--,/ A better way to Intemet. UNLIMITED INTERNET ACCESS 10888-587-9669 Mention Offer Code: DOLLAR Visit www.peoplepc.comigo/dollar paCblepO Is saely reWonSlble torhls offer, and Is no,, affiliated WIIT Capital One. Capital One does not DroVidE, shoddier or puarsnti and is not affiitated tudt. any product or service shown hale. Any trademarks mentioned herein are sold, owned by lire respective onto). All nahto reserved. By marcridinc to this offer. you may be communicating ""harms amd' yourstif to the Wrmena the'. pror,oe this MxmC' - for example. the vac are r Capital One customer. 'eoddeP". Online. fns 3 months. ar_ blllct a'. $4.97 per montt $9.95 oe man# tn_weafte, Offer, available to nely dial-up sunscrlpers a, leas IF years of age and may not be redeemed with any other ofiel. Orie, subject to mange a. any firms. Phone taa'hmcal support mra'tabee to, $1.9L ban handle. 1ACcele Mir fr? free to, 12 Mortis. Offer good for limited time. After, the firs' 1_ months. the Accelsated, salwce we auomaltz.hy raver td the standard Peoai Onow- service. Open srbiec! to briange at arrianne. Will PeoplePC Oni Acceieratec, cenair Web page ter. and graphic will load iaste? when compared to standard dial-up meme service. Acura resuhs may van. FeopieK Onine Acctdarated t, oniy compatible with PeoplePC (kltne lmemetsen ice anc snecibec WlndowsT. browsers . Peam-PC ;mline AmMerated is if& canoatibie, with Windowsb 9E wilt. IF S.S SC_'. Service nor available in all area,. Access tees. taxes, and other tern and restnmons may apply. Telephone fall charges may apply. even during mil periods. Yon; are responsible far ostaMnppro whether a call to one o! Da, access numoem will resuh, in idephone hill crrarges. Access may be linklec, esoeaallyduring hones of peak usage. Dia-ur, numbars may be cnanged at Pedple°.^. s discretion. Continuous use sublet' to tmeouf drooebues. All users sugec'to PeoplePC Onhne'E service: I' eemenl and Acceptable Use Palm . 56K is the rnnslmum speed of service. a,.luel speed may van. C 20D PeopleRL Inc. a Riling Reserved. ?eooag" Ort a and its was are traf errand, or Peotial in eta U.S. arc Ollie- countries. t 2MF Capital One Services. inc. Capital One r a tederali; registered service mark. All rights reserved. It How 7o Avoid A Fran Charge. t E. Grace Prod. You will have I, mirkmtan grace period W Periodic rate. To omen, the avmaQe deify balance rm the tilli ,_ accAUm i1 h has elreadV been Gusetl For exumMe 25 days nittaut finance charge on • purdteaes, new ng period covered by this statemem, we Take the beginning balance w each segment sect day add en rte it you auttanzetl a purchase from a merchan: and we re iv th r transfers, new special purases and new outer ch ' , } transeonons to earn segment, and sobriam anv mr menn ce e e artsact'on from rite merchant after your accoun' has been clos d rges if you pay your 20[81 charges New B818nGe', in rd O• credits. nit line code N appears or, the from of this e , you! accoun: will Pe reopened, the amount pf The, mer e will be added t - accd artce with the Important Notice for pevmenis below, amp's time for h t di 5latem-- nab to 'Balance Rate Applied To - we elan g o your accpunt, and vpu will be membeible for payment If liters is a . o pie cre ted by your next staterem closing dart. There is 'a grace penotl on cash atlvandee subtract any unpaid finance charge included if, The balance. f h membersltin tee for Vwr account, tote fee will co and special tmmetem. In addmor•, there is rte grace period o eac segment) Tiv gives Us the daily balance of each se ment Then we W U h i to be. charged, to the berm pie-Mail by law', until the m tranterman if you be nor pay the total 'New g , a t e da uP ly balances tar each segment for dw billing penotl end divide by the total acCnum balance has been paid in full as defined above. 7 Using Your Aoraua your card or balance. C. Acaueng Finance Charge Transactions which are not numoe:.1 a.VS in the billing period. 'fits fives us the . . account cannot be used in connection went an ma ems' smbb y p . subject to a grace period are assessed fironce charge 11 rage dally balance of each segmen,. 3. Arebual Ptrcantaga Rates IAPHI. LreR48gtiprte. ?- from the date of the -reaction or 2) tom the date the i e. The term 'Annual Percentage Rate' may apnea. as BILLINC RIGHTS SUMMARY Transact on is processed Ica your Account or 31 train the : firsd calendar day of the current billin eriod Addioonali 'APR' on the from of this matement If h I % Ion Ceso OI Errors Or Questions Amu, Your Billi g p . v. if ygu did rat pay ire "New balance' from the previous t t. e code P (Prime . l (3-mo. LIBORi. C (Certificate of Deposit) or S IBenkcard Prime , If you Think ynm bill is wrong, or if v mead more - billing pens in full, M1 charges ar is m accrue , i appeal. on the from o iris statemem next to the. periodic rare(., the periodic mt-herhon on s liana-M or Wil vote to us an L se arate -th e' r m 11 Me unonitl balance .h your unpaid belarae nail paid in full. Thi is '' h , fetes and Centeapahdinlg ANNUAL PERCEMAGE RATES e as p Smtn a£ Possible. a me addres s for Inquiries shown on the tom .1 this statem m W s means . t at you may still o finance charges, eve if you pay, the entire New Be lance i di d h t any, -1 qua nedy and may increase or decrease. basetl e . e must hear from you no later man % days aher we sent you the n cate w, t e mnt of your statemem by the next .,a.- closing date bu did I The led indices, as loan. In The Wail SDem Juuma gplus the mar in r vi l di l firer bill on wroth the error or problem appeared. You can not do so for the previous month. Unpaid finance charges . g p e ous y sc osed To Yno. These changes will be elective on the firm day o1 ypa' call lr Customer Relations number. but ding an will shit doing n yin reserv t I er, R a are added no the appurable aepnem g1 your Account. attea c. M- F. ling ad the! t C For each bil pie b ilk notl covered by rtg D ac state m m errdin g e h p e your items n your tuner, give us r orn : Youl name and account number. the aollarg ieci to your account is arbl m to a finance charge a um y, n t e .-he ont hs January April, , , JWy, . and Octob e r, c. If the code, D (Prime) F (1-mo LIBORI or G (S- emwrtt andom of the susp ected error a description at tote e late) FINANCE CHARGE of $0.50 will be rmpoaed, It one , . mo LIBOR Repriced Monthly) appears or : the hoot If your and ea explain f if possible of why' you believe there is error o, it d t = Total finance ch Sage recalling from happlication of your di l suetement neb to the parodic ram(m The p did rates g ree more on, a deacnonm of the item you are unsure about You do nor h v t c Ted.) perio ess than $0.50, will shnam That amount from the $0 l 50 minimum and the chl ill and Cortesponding ANNUAL PERCENTAGE RATES may = a e o pay any amount m question while we are mysenganmg it but You = be . ers- w filled to tthe p chase sap era of your actbua. ' van' an and may increase or decrease basetl on II he tared irKKces, as found in The Wall Soviet Joamal lus are still obligated to pay the pans of your bill orm are nor in i Whil r d. Temporary Reduelien in Frrwe Qnrpe, We resale the h , p n argil previously diadoaed to you These changes quest on. e we investigate your daemon, We certrar report y,w as delin uent or .it, n i ll =- g t to nor assess any or all finance charges for y given billin . d vyill be elective on the firm day of you, biling period q a y att or. x. co et the emoun you queso ir, g Pe o 2. Avraga Daily Balred- Ilntltidkq Naw P rtlyaasl. each month. 4. Assa6vnem of Late, Overhaul and Reamed Payrners Feat a? a. RnanCe Charge is calculated by multiplying me daily . Your ecCmlnt Will be assessed nip more than TWO of it* fees t t Special Rule For Crean Card Purchases - balance of each segment of your attourn (e.g., cash bl limed here Thar occur during any billing penotl. Under the a y e: Durcheae, apiarist transfer and epec'el p-Mass) b)' the correspbrdiIII daily adodtC relater th t h b terms of Va., ..aroma, eg'eemem we reserve The right l0 Mo If you have a problem with the quality of property or ' p a as een prevously asclosed to you. At the end of each day during waive o, not to assess any lees vnt psis nolificaoon to Vou witbour waivin our n ta services Me' W purchased won a dean card and you have tried in g d f i h j the billing penotl, we apply the daily perioac rate for each g g To assess the same or smear fees at a later time oo a t to correct fits problem In the merdtenT v m h th h = segment of Your eccoum ro it* dally balance of each . 5.?'Rartew,itp year Aeoouel If a membershi f e . ay ave e rig t rim to pav the humrring emoun due em The protein or cervi Y h hi -- segment Then at the end of the billing period, we add up . p e Ppears on the from of this atmemem, you have 30 , ces. ou ave T s promotion, onrv vfien the purchase price was mare than - the resWts of rheas daily ulcuie[ions to .,I- at your i fi di days from The dale trot arma mare wits mailed To you to 550.00 and Me wnihase Was mane inyour home state o? per o c nance charge for aBCh segment. We add up the i evoid paying the fee or to have such tae credited to you within 100 miles of your mailing address. (11 we own or e,uts t- each sepreem to arrive at thi penaac finance char f "be" if you cancel your account. During this penotl, you may operate ere merchant, or if we mailed you the = ge or you, account To pet dally balance for each sepnem of your account we rake the begtvlr -.If- 1. use your a.-- vrirnour having ro day the memb h f T i dvertisemern ton The property or services, all purchases ' , g balance for each segment and add any new mensi mione ers ee. ip o cancer your account, you must had t b lli air covered mgmemmi of amount or locerim of purchaser Pl b and any periodic financeharge calculated the prevous y ha y ca ng our Customer Helanorrs Oapanmem end per, pus 'New Balance' in NI i d a ease my em er to sign all correspondence. day's balance for that sepmer't. We than ,ttbtra.t any ex u nf Ie membership fee) pro' to the end of the thirty-day pare otl. t foes nor a p/ to consu r di payments or credits posted as of that day that are ellaCSted r b T 6. If You Code Your Aecouri. You den r quest to dose , p y me rain-cre t cam accoomf o i ex segment. his gives as the separate daily balance for each sepnam of your accoun. HoweVet if You paid tore you account by calling our Gus Oan R.I.T s 1)mb mnem yo d T Does rm1 apply m husiness non Cradh cam eo,mum, . New Balance shown on your previous; stmemem in full (oil if , u mum estroy you' credit card(s) and account access checks, clinics ell poeauthbnzeo billing your new balance hies zero of a redix amour[), new . and cea9e using Your account If you - not cancel Csmu! One sum es. information pdvacv prmacopn' an ou% summon, which poet to your purchase o' epearl h Immobilized billing arrargemanta, we will Consider 'g-- websihe pitnione.com. purc ase emgmrras are no! added no the daily balances. We C l al r scarps of a dmrge your abort To reopen your Capital One a a federal, registered aerwce mark of Capital ' a ete C e eprape tlMIV bale lie by addrg ell the daily b l crnunl. Additionally, yq r accourn w 11 rim be closetl a Froal Comorelion AI r' . sighs raverved. a 2003 Q a ances rogetner arrd aviang the sum by the number of the d th until you pe, all am t s inci.ding. an, Capital C ra _ ays in e current billing cycle. 1 e Calculate pus total finerae char e mWti l t t anason- you have uAOnzed. fironce charpespas: O g . p y your average 'lai y balance by the tlail en06C r t d b h due tees. ovedimi; tees. returned pa vment Sees, cash Q y p a e an y t e fwmber o1 days is the Dilli off penotl. Due ('F rbundirg On a daily bases Them may be 6 sli ht v betw o edVance thus and any other fee, thood eee' to your B--nt. YOU are, reSDOMSIbie ton thes¢ amOUrtts Whether C g . een ne cer cul dim and one amount of f e Charge actually marsaeed .,-fly They appear an your accntm; air The lime Vou regaeSl to . b. If the code Z V appears on the front of this statement dose the ac.Mrtt un they are incurred aubsequerd a C near to "Balance Rate Appled To.' we m'rhioiy tThe mabam to close ire account. Trtis may resuh In charges appearing on your accou aher you have n average daily firs-- o' each i mem b v u monthly r'rouear d n,, 1 be t tl tt d 01 LGLBAK 697M `rrpartart k-l Yoe payment will b is received Your our pr unr as of the tla[e i we receive 11, Provided you sod the bottom portion of this ramermom and your Mac,,, m the eralosed [ance im envelope, d your payment t is eived etl in ow oCesa'no center by 3 p Payments addressed to bur V rginia or Georgia processing canter must be received on a busmess day del3ve Payments Payments an massed 10 our Washingtor, pmces?rg center mast be received on a business day by 3:00 p.m. PT. Please allow to leas, five (5! bust yeas days to' postal holidays. Please tla rat tae seaus s any .,her location or in another form may rim be creme tore same day we, receive them. Our business days are Monday through Saturday. excluding hank account fog _ P cpaper lips, etc. when prepenng your payment. When pu aerie us a checum, you ma hodze us to make aline-time menroac Transfer deli: from your the e ; of the heck. This aumoon ion applies to "checks received during the: billing cycle evar it sent by someone else. If we cannot process the [ran5}e:, you authorize us to make a charge egg rim your bank account using the check, a paper dean of The, tem. VERIFICATION The undersigned does hereby verify subject to the p ties of 18 A. C.S. 4904 relating J V 6. 1 0 he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint to unsworn falsifications to authorities, that he/she is ? ? (NAME) of I' ,plaintiff herein, that (TITLE) (COMPANV) are true and correct to the best of his/her knowledge, information and belief. SIGNA ) WWR# vt C7 r?a C .., N IV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No.06-6102 CIVIL TERM VS. PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT CHARLES H BITNER SRti Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. 442524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05468376 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. CHARLES H BITNER SR Defendant Civil Action No. 06-6102 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, CHARLES H BITNER SR, in the amount of $3565.43 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., CHARLES H BITNER SR , Y? ttorney for laint aenda?t???? WR#OS 68376 B A W IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 06-6102 CIVIL TERM CHARLES H BITNER SR Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, CHARLES H BITNER SR, above- named, in the amount of $3565.43 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $3565.43 with continuing interest thereon at a rate of 6.00% per annum plus costs from OCTOBER 6, 2006. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, CHARLES H BITNER SR, in the amount of $3565.43 plus continuing interest thereon at the rate of 6.00% per annum from OCTOBER 6, 2006 and costs. Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $175.00 due by NOVEMBER 15, 2006; (b) $175.00 due on the 15TH day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. i 4. All payments are to be made payable to the order of "CAPITAL ONE BANK" 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. CJ' 9. Intending to be legally bound, the parties set their hands and seals thi"day of 20 WELTMAN, WEINBERG & REIS CO., L.P.A. By. -" Jam C, brodt, Esquire PA I.D. 4252 WELT 1AN, "EINBERG & REIS CO., L.P.A. 2718 oppe Building 436 even Avenue Pitts ur , PA 15219 (412 4 4-7955 WWR No. 05468376 B t Defen ant, CHA S H BITNER SR e c? ' v N? c d ?# f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-6102 CIVIL TERM CHARLES H BITNER SR Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on b&c_ 4 1ars(o (xx) Assumpsit Judgment in the amount of $3565.43 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary CHARLES H BITNER SR 2157 NEWVILLE RD CARLISLE,PA 17013 By: PRO ONOTA SHERIFF'S RETURN - REGULAR CASE NO: 2006-06102 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS BITNER CHARLES H SR SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BITNER CHARLES H SR DEFENDANT , at 2110:00 HOURS, on the 25th day of October at 2157 NEWVILLE ROAD CARLISLE, PA 17013 CHARLES BITNER by handing to a true and attested copy of COMPLAINT & NOTICE the 2006 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 5.28 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 33.28.' 10/27/2006 WELTMAN WEINBERG REIS Sworn and Subscibed to / By: before me this day eputy S eriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. CHARLES H BITNER SR Defendant No. 06-6102 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT 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#05468376 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-6102 CIVIL TERM CHARLES H BITNER SR Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. Sworn to and subscribed before me this d Septemb4rrl N C ?ONMIEALTH OF PFw?cY APM Nftnv S"I .?e Cky or nrw%, m, swowft, N my Public ? , Al1epFeb. 1 Aaodmam By: Jam?h, rodt, Esquire PA.WENBERG & REIS CO., L.P.A. 140uilding 436 enue Pitts15219 (412WWR #05468376 s to ?o U 4up cn