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Home My WebLink About06-5814 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CA~) :TAL ONE BANK Plaintiff No: Oto - ~Pl'i Clu~L~~ vs. COMPLAINT IN CIVIL ACTION JOHN C BINGAMAN JR Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Ja'nes C. \"larmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L. P .1\. 436 Seventh Avenue, Suite :2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05414981 C A Pit KEB IN ['HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No JOH~ C BINGAMAN JR De =(~ndant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claLms 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 wri=ing Hith the court your defenses or cbjections to the claims set forth against you. You are warned that if you fail to do so the case may 9roceed without you and a judgment may be entered against you by the couet without further notice for any money clalmed in the complaint or fo~ any other claim or relief requested by the plaintiff. You may lose :non:y or property or other rights important: to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO :'JOT HAlfE A LAWYER OR CANNOT AFFORD O!\:E, GO TO OR TELEPHONE THE OFFICE s:n fOR ~'H BELOW TO FIND OUT WHERE YOe CA!:J 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 f NY 11791 . 2. Defendant is adult individual (s) residing at the address listed oel::>w: JOd:0 C BINGAMAN JR 262 LOWTHER ST LEMJYNE, PA 17043 3. Defendant applied for and received a credit card bearing che acc~unt number 4388642210234111 . 4. Defendant made use of said credit card and has a current balance due of $2837.32 , as of September 22, 2006 :). Defendant is in default by failing to make monthly payments when jue. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaint~ff is entitled to the addition of interest at the race oE 25.900% per annum on the unpaid balance from September 22, 2006 . A ::091 of Plaintiff's STATMENT is atta::hed hereto, marked as Exhibit "1" 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 [or judgment in its favor and against Defendant , JOHN C BINGAJV,AN JR , INDIVIDUALLY , in the amount of $2837.32 with continuing interest thereon at the rate of 25.900% pe~ annum from September 22, 2006 plus costs. armbrodt,42524 , WEINBERG & RE1S CO., L.P.A. venth Avenue, Suite 2718 urgh, PA 15219 ( 1 ) 434-7955 A : 412-338-7130 414981 C A Pit KEB This law firm is a debt collector attempting to collect this debt for oue client and any information obtained will be used for that purpose. ... J "'" Your account is delinquent. We want to help! CapitalOne' Account SUIIlIIlaT)' Previous Balance Pa"'IIlen~s., Credits and Adjustments Tr~nsacrjonf; . Finance Charges $1.386.35 $.00 $68.00 $31.48 Ne~- Balance Minimum Amoullt Due Paymem Due Date $1.485,83 $1.485,83 July 26,2003 Total Credit Line T oral Available Credit Credit Lin' for Cash Availab), C"dit for Cash $1.000 $.00 $1.000 $,00 At your service T () call Customer Rdatiom or H' !t":port a lost or stoiC! card: 1-800-903-3637 For fr~ onhn( acrount ~a'\,j<<: and special rostomef offcn..log OrJ to: www.ca.piwone.com Send payment~ to: Ann: RerrllttllOct Pr~sing- Capital One $en-ice. P.O. Box 8514i Richmond.. \'A 232it> Send inquiric; to: Capital One S~ices P,O. Box 85015 Richmond.. VA 23285-5015 :r. '" '" "' .-.) To protect your credit with us, you need to make a payment. ._.:~ We can help-but only if you call us. -.:t When you call, you can make a free check-by-phone payment. Return your account to good standing. It's up to you to take the first step. Call us! 1-800-479-7231 014-1102 \1SA GOLD ACCOLJI\'T 4388-6422-1023-4111 MAY 28 - JU" 2i, 2003 Pag' 1 of 1 Pavments, Credits and Adjustments T nmsactions 2S MAY 2 iJU1\ 2i JU'i O\'ERLIMIT FEE CAPITAL ONE MOI\'THLY MEMBER FEE PAST DUE FEE $29.00 4.00 35.00 Capital On< is proud TO supponTh, Heart of America~ Foundation. helping children learn to read. succeed. and make a difference in the world, In 2003, we ga: ed nearl\' $1 milllon o(books for children in need. To learn more about how you can help a . d mak'e readi passion, visit wW"\'.heanofamerir.a.org. Y au were assessed a past due fee of $35.00 on 06/27/2003 because yo received bnh, due dm of06!2i/2oo3, To avoid this fee in the furore, allow at le-asr 7 business days [or your paymem to reach Capital One. F'manee Charges Pica.le Jet' rn.,C1'se Jikfqr important information BaLmu Tmr Prrw.tu: CCHT1PRJmg '7'?liuik ,,", 1840.79 .070'16% 25._ $49i.ll> ,070'16% 25,_ 19269 .07096% 2:;.90% ~%.\~t PLTRCHASES CASH SPECIAL TRANSFERS 118__10 SlO.44 12.04 A,-'\LNUAL PERCENT AGE RATE applied this period 25.90% Capita'One' T PLL"SE RETUR.l\ PORTlO1\ BELOWVl1TH PAYMENT T 0000000 0 4388642210234111 27 1485830065001485836 Pitasr .tmn: 7ftaiimg adiirm muJ/ur (-1'1tIJji chtmg-{!$ be/(J'{J.' u.<mg "jut or PUUt ini 1\ew Balano. Minimum l\.moum Due Payment Due Date $1,485,83 $1.485,83 .Tuly 26. 20U3 Total enclosed Account Number: 4388--6422-1023-411 1 .., Cap~tal One Bank p.e. Box 85147 Richmond. VA 23276 1"1,1.,11,.,1,11,.,1.11"1111,11..,11.,.11,,.11,.,11,,,11,.,1 1,1"1"1,111,"1,"11 Apt I CIl} Sl:at~ ZF ~l~mt Phow Alll"r~j~l.:' ?tJ-:-';lf E.rnai.Addres, - !!!!!!!!!! #9C1794488~987224# ~~IL ~~ WJMBER JOHN C BINGAMAN JR 262 LOWTHEE ST LEMO\~~ Ph 17043-20:3 r M rl r--- ..... en o - - - - 1."111..,111,.,,1,,1.,11,..1,111.,.,.,11,,11,.11,,,,1,1.,,111 Please 'U.'lriteyow account number or; your checi (ff mon~' order mmk.payabic j(; Capita} Ont Bank ano' mai.'> ~r, the mdosed envelope. , J - - - - ~ ~ - = ~ = - - ~ - - - - ~ ~ - - - - - - = ~ - - = ~ - - - - - (Q 2002 Capital One Services, Ine, Capital One is a federally registered service marlc All rights reserved, c c C c '" c I': t\, =\: 1 ~ To AYOid A Fin...ce c::t.pe. t a. Grace Pwiod. You will have 8 miniml.n1 gr3ce period 01 25 devs wrtholl! finance chllrpe on new purch8ses, nev. balance transfers. new special purchases and new othe! charges it YOU pav VOlJ. Toul "New Balance" in accordance with the Importllnl Notice tor payments below, anC in time ior it 10 be credited by vOU! neXT Slslemen1 closing daTe. There is no Qlace period on cast! advances and special transfers. In addition, there is no grace period on anv transaction jf you do not pay the total "New balance," b Accrung Finance Q,-oB. Transactions which are not subject to a grace period ale assessed finance charge 1) from t~ daTe o~ the transaction or 2) trom tile dille the transaction is processed to your Account or 3) from the ~rst calendar day of the currenl billinQ period. Additionally 11 \IOU cild not pay the "New Balance" trom the preVIous hilling period in tull, finance charges continuE TO accrue 1(] youl unpaia bal~nce lI1lil the unpaid balance is paid in full This means that VOU may still owe fil'llln~ charges, even if yol; pay the emire New Balance indicated on the trom 01 'lour statement by the next statemem closing date but did not do sv tor the previous month Unpaid finance charges are added to the applicable segmem at voU! Account t c Mhinun FRlnCe Ch..,... For each billing period tha1. your accoun1. tS Sliltect to a finance charge. a minimum total FINANCE CHARGE 01 $0.50 will be imposed. If the total finance charge resutrirlQ horn the application 01 vour periodic ratels) IS less than $0.&0, we will subtraCl that amount trom the $0.50 minimum and the difference \/\/Ill be billed to the purchase segment of your account t d Temporary R....ction in Fw..ce a..g.. We reserve the nght to not assess any or all finance charges for !Iny gIven billing period Av.-.ge Daity Balance /Including HIM Pu'chas.s:~. a Finance charge is calculated bv multiplying the daily balance ot each segmem 01 your account (e.g.. cash advance, purchase, special mmster, and special purchasel by the corresponding daily periodic rate(s) that has been previously disciosed to you. At the end 01 each day during the billing period, we apPly the daily periodic rate 101 each segmem at your account to the daily balance 01 each segment. Then a1 the end of the billing period. we add up the results of these dally calcutations to arrive 8t your periodic finance charge for each segment We add up the resUlts trom each segment to arrive It the tOll! periodic flnance ch8rge tor VOUl accOlTll. To get the daily balance tor each segment of your accoun1., WE take lI"le beginning balance tor each segmenT and add any flew transactions and any periodtc finance c:h8rge calculated on the previous da~:'s balance for that sp-gment. We then subtract any pa\lfTlents or credits posted as of that day that are allocated to thin segment This gives us the separate dally balance lor each segment 01 your account. However, if you paie the New Balance shown on yOUt previous statemem in tull lor i1 yOUr new balance wes lero or a crediT amount), new uansactions which post to your purchase 01 special purChase segments are nOT added TO the daily balances. We calculaTe the average daily balance b~' adding all rhe daily balances together and dividirMJ the sum bv the number of the days in the current billirlg cvde. T(o calculate your total ~~~~c;e~~rger8;;U:~lb:~~ =~':: 2:i~~~\~~ b~II~~ period. Due TO roundIng on a daily baliis, there may be a s1ighr variance between this calculation and the amount of finance charge actually assessed b If the code Z 01 N appears on the trom of this statemen, next tv ~Baiance Ra1f~ AppliOO To: we multiply the averaae dailv balance ot each seamern bv vour montnlv 537138 periodic late. To obtain the averape dailv balance 101 the billing period covered by this $tlltemen-:., we lake the begrrning balailce of each segment each day, add any new tranSlIctions te each segment. and subtract any payments 01 credits. (11 the cOde N appears 00 the from ot thu; stBTement neX! to "Balance Rale Applied To: we also SUbH8C1 any unpaid finance charge included in the balance of each segment.) This gives us the daii~' balance of eaCh segment. Then, wt'. add up ali the da!lv balances 'lor (;Bch segment lor the billing period and ciVlre by the total number 01 days in the billing period This gives us tne average daily balance of eacr, segmem 3 Arnu81 P.centllgt. R..s. IAPR\. 8 The term" Annual Percemage Rate" mBY appea' as . APW on the frorn ot this statement b If The code P (Pnme), L (3-mo. UBOR) , C \Cenificate of DePOSit). or S (Bankcard Prime) appears on the floot 01 this STatemem neXl to the periodiC rBTets), the penodic rates and conesponding ANNUAL PERCENTAGE RATES may vary Qualteriy and may increase or decrease based on the stated incices, 8S foune in The WolI Street Journal, plus the margin previously disclosed to \IOU These changes \/ViII be effective on the firST day ot your billing period covered bV vour periodic Sl8temenl ending in the months JarRJ8ry. April, July and OClober c 11 the code D <Primel. F 11-mo. UBOR) or G (3-mo. LlBOR Repriced Monthly) appears on the trom of your statemem next to the periocic rate(s), the periodic rateE: and corresponding ANNUAL PERCENTAGE RATES may \farv monthly and may increase or decrease based on the stated indices, as found in The Wall Street Journal, plus the margin previously disdosed to you. These changes will be effective OIl the first dBV of your billing period each month .t!. Anenm.-rt of Lllte, Ov_limit 8I'Id Rm.ned Payment F..l. Your accoum will be assessed no more than two 01 the fees listed here that occur during any billing period. Under the terms of your customer agreement,. we resl?rve tt~ right tc waive or not to assess any fees Without poor notification 10 vou WithoUT waiving OUI right to assess the same OJ similal fees a1 8 I.ater trme ~.tR.-.ewing yOU' AcCCUlt. If a membership fee appear~ on the from 01 this statement, YOU have 30 dllYS from. th~ date this staTement was mailed. 10 you to aVOid paying the fee or 10 have such lee credited 10 you il you cancel your accoum. During this penOd, you may continue to ~e your 8CCOum withOln hBving to pay the membership fee. To cancel vaur account, you must notify us by calling OUI Customer Relations DeparTmem and pBy your "New Balance. in full (excluding the membership feel prior to the end of the thilty-day period 6. tt You ems. YC!U Acoaunt, You can request TC dose YOUl aCGOUnl by' calling our Customer Relstions Oef)8nmeOl. You must deSTrOV your credit cEudis) and account access checlu., cancel air prealJlhoriled billing, and cea~ usi~ your account. 11 you do .not cancel pleauthoOled billing arrangements, we Will consldel receipt ot s charge your authorilation to reaper, your account. Additionally, yow account will not be closed until you pav all amOUl11S YOU owe us including; any transactions you ha....e Ituthoriled, finance charges, P8st due fees. overlimit fees, retumecl paymem fees, cash advance fees and any other tees assessed to your account. You are responsible for these amOlJlts whether trlP-y lIppesl on your accoum a1 Tne time VOl! request 10 close t~ account 01 they are incurred Slbsequent to '(Our reQuest to dose the accoun'... Thls may result in charges appesring on 'lOUt account after you have reouested the account 10 be closed or tht< reooenino 01 your aCCOUnl i1 i~ has already been closed. F-or example jf you authoriled B purchase trom Eo merchant and VIle receive the transaction trom the mercham aher your accoum has been closed, your accoun1. will be reopened, the amount 01 the charge \/ViII be added 10 your accoum and vou will be responsible tor payment. It there is a membership lee lor your accoum, the tee will continue to be charged, to the eXTent permined by law, until the aceoum balance has been paid in full 8S defined above 7 Usng Your Account. "Your card 01 accoun1 cannot be used in connection with any Internet gambltng transacttons BILLING RIGHTS SUMMARY (In Case Of Errors Or Ouestions About Your Bil1j If '(Ou think your bill is wrong, or if you need more intormation on a transaction or bill, write to us on a separate :meet as soon 80s possibie at The address tor inquiries shOWll OfT the from of this stBlement. We must heal trorr you ner later than 60 days aher we sent you the first bill on which the error 01 problelT'. appeared You car call our Customer Relations number, bUl doing so will nOT preserve vour ri~s In your let1el, give us the following informatiCl1: your n8me and account number, the dollar amOlfll 01 the suspeCTed error. a description ot the error and an explanation. il possible. 01 why you belie..-e there is an error; or if you need more information, a descriptioo of the item ,.-OU are unsure about. YOl! do nOt have to pa" an,,' amount in question while we are investigating it. bUT you are stili o~igsled to pay the paltS 01 your bill thaT are n01 in question. While we investigaTE your question, we cannot repolt you as delinquent or take an" aCTion to collect the amount you question t. t Special Ruie For Credil Card Purchases If you have a problem lNith the qualit,", of property or ~rvices that you purchased witt, s creml card and you he ve tried in good faith to correct the problem with the merchant, you may have the lighl nOI to DlIY the remaining amoll1t due on the plopef1V or services You hllve this plOlection onl~' when the purchase price was more than $50.00 and the purchase was made in your home state or within 100 miles of your mailing adclress. (l1 we own or operaTe the merchant. or il we mailed you the advertisement fOl the property 01 services, all purchases are covered regardless; of amount or location of purchase.) Pleasc: remember 10 sign all conesporrdeoce. t Does not apply to consumer non-credit card accounts i Does no1 apply to business FIlm-crean card 8CcOImts CapiTal One SUDDQrts informalion priV3C'v pr01eClion: see our webSiTe at WWW.C8pit8Ion~.com Capital One is a federallv relJlstered service mark of Capital One Rnancial Corporation AI! ri~lS reserved. c 2003 Capital OM' 01lGLBAK Important Notice: Your payment will be credited to your account as ot the date we receive It, prOVided you send the bottom portion of this statement and your check in the enclosed remittance envelope, and your paymen't IS rece1ved in our processing center by 3 p.m, Payments addressed to our Virginia or Georgia processing center must be received on a business day by 3:0C p.m. ET. Payments addressed to our Washington processing center must be received on e business day by 3:0~ p.m. PT, Please aHow at least five (5) business days for postal delivery, Paymen-::s received by us at any other location or In another form may not oe credited the same day we receIve them. OUf business days are Monday through Saturday, excluding holidays. Please do not use staples, paper clips, etc. when preparing your payment. . . VERIFICATION The undersigned does hereby verify subject to the pralties of 18 A. C.~. 4904 relating to unsworn falsifications to authorities, that he/she is ~(i\ 0t b i (NAME) of C~~~ \ Ov-CL ~~ , plaintiff herein, that ~ '- (COMPANY) ~eYlj-- . (TITLE) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his /her knowledge, information and belief. 4 1 ~ ~ (SIG~) WWR# ~ (J ~ ~ Ul ~ '- II 1Il ~ "" 0 w --- -V ~ ~ P- "'0 .....0 fA) J C) '" c-:' 2;; "" I~ 'T' r'-~" ~ o -n a -i c-) ...,... _.. _1__,., _~ fll-- I- f \JI""-; ..;:::- ~; crt -~ C.~ 'V" ~.;-; ::~ , :",:;::,:j _ :~-:~ r-n r'v 'i"?; :< -,~ 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 06-5814 CIVIL TERM VS. PRAECIPE FOR DEF AUL T JUDGMENT JOHN C BINGAMAN JR Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA l.D. 42524 WEL TMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-71305 WWR#05414981 Judgment Amount $ 2976.24 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VB. Civil Action No. 06-5814 CIVIL TERM JOHN C BINGAMAN JR Def~ndant fRA,~pPEFOR DEFJ\V{.T Jlll)Gi\1ENI TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, JOHN C BINOAMAN JR above named, in the default of an Answer, in the amount of $2976.24 computed as follows: Amount claimed in Complaint $283'7.32 Interest from September 22,2006 to November 30,2006 at the legal interest rate of25.900% per annum $138.92 TOTAL $2976.24 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. ,/ Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 27] 8 Koppers Building. 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 262 LOWTHER ST, LEMOYNE, pA 17043. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # 0(0 -58/lf0v,rr:irnJ ill JOHN C BINGAMAN JR ~ Defendant(s) il1 ! i :~. :'. " I' Iii ~111' "j'; \:: j, I " ' I: i.- -n!' I ' I; , i :: ~f~:/ , ~il~ ~~:"r ~'I ':J{ rr' 'r'.' r: , r:::" it IIJ 1i!1 I" II) ~ I' I"., I, I I;,. ,j'" IMPORTANT NOTICE TO: JOHN C BINGAMAN JR 262 LOWTHER ST ijEMOYNE,PA 17043 Date 10f Notice: WWR#:: 05414981 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 FOLLOWING QFFICE SET FORTH BELOW. THIS OFFICE CAN PROV~DE YOU WITH INFORMA~ION ABOUT HIRING A LAWYER. IIF YOU CANNOT AFFORd TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA~ION 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 ~._.:'::;:::.'-="" / / , ",' .' BY: JAMES W BRODT, ESQUIRE PA I.D./ 42524 WELT~, WEINBERG & REIS CO., L.P.A. 2718 ~OP ERS BLDG, 436 7TH AVE. PITTS' GH, PA 15219 , IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPlT AL ONE BANK Case no: 06.5814 crVIL TERM Plaintiff NON~MILIT ARY AFFIDAVIT VI;. JOHN C BINGAMAN JR Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and tn accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.c. App. 9 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, JOHN C BINGAMAN JR is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, JOHN C BINGAMAN JR is not in the military service. Further Affiant sayeth naught. IBED in my presence this ~ day W . Of PENNS'lL,V:jANIA _~''',^ONWEAL~ ~\aria\Sea\ -tll\C ~ Heid~ J,K.e\\yn, ~~.\~~:~ ~~, :;.:'j . , -If f'ltlSOllrg. ~.. I. ,~ n Expires No" ..' . , I . '. ~-,ml1's:.IO,~~ ". ,.;:,5 , ,-:.~ --I a:'f"i~a A ""s"sooCCilaati(, . . ~- -e,,\\s\f'o/ M:::-"~- .. This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Re9uest for Military Status Page 1 of2 Department of Defense Manpower Data Center . Military Status Report Pursuant to the Servicemembers Civil Relief Act NOV -30-2006 07:09:06 < Last Name FirstlMiddle Begin Date I Active Duty Status I Service/Agency BINGAMAN Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. ~~. ~-~ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, V A 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy ofDOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: btt:p:I/~.def~nselink.mil/faq/-pisLPC_Q9SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/seralowalscra.prc_Select 11/30/2006 R.equest for Military Status Page 2 of2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report JD:BCCCNXUWOHI https:/ /www.dmdc.osd.mi1/scralowalscra.prc _Select 11/30/2006 t ;cJ ~ ~ ~ '1 ~ . 0 ro-.) \) r-- = 0 '0-. c.:::> ;.'?- 0-'" 11 ~ () a -f r ~ Pl I..,., ~ C") n1p ~ -cJ rn (i"- :jJ'-;J ~ ~ ~ '. ~< (~) D 32 ;-c; :[; ~ .::.:~:.- C-) ~ L) cSm r -4. "-1 ~ U1 .~.+' ::u ( .-, -< J:- .... ....--, , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06~5814 CIVIL TERM JOHN C BINGAMAN JR Det1mdant NQIICE OF JUQQMENT 03 ORDI;:R TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Or~..l O. I' JUdgm. . e.nt was entered against you on~~(' '4U5CJb (xx) Assumpsit Judgment in the amount of$2976.24 plus costs. () Trespass Judgment in the amount of$~ plus costs. () If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department ofTl'ansportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of () Court Order. () Non~Pros () Confession (xx) Default () Verdict () Arbitration A ward P..thQ~ By: . IL .' . PROT QNOT A~Y . .. .. ..~ JOHN C BINGAMAN JR 262 LOWTHER ST LEMOYNE,PA 17043 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7tl1 Avenue, Pittsburgh, PA 15219 1 ~888~434~0085 SHERIFF'S RETURN - REGULAR CASE NO: 2006-05814 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS BINGAMAN JOHN C JR MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BINGAMAN JOHN C JR the DEFENDANT , at 1707:00 HOURS, on the 20th day of October ,2006 at 262 LOWTHER STREET LEMOYNE, PA 17043 by handing to JOHN BINGAMAN JR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~ Sworn and Subscibed to 18.00 14.08 .00 10.00 .00 42.08.../ /1/~ 'i[iJG- /";; ~?~-::/ .~;'':::L>i':;>'. R. Thomas Kline ,"". ~ .... '^~~ft "I"';:;. ~,~~ ....'. ~...";'.--c."~,.f'!' day -'/ before me this of A.D.