HomeMy WebLinkAbout09-3097
Our File No.: 204419
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire, Esq.
Attorney I.D.#38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
PORTFOLIO RECOVERY
ASSOCIATES, LLC
c/o Apothaker & Associates, P.C
520 Fellowship Road C306
Mount Laurel, NJ 08054
Plaintiff,
VS.
YVONNE M BRYSON
13 E LOCUST ST
ENOLA, PA 17025-3025
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: Oq - 307 wit ter-W,
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 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
Our File No.:' 204419
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire, Esq.
Attorney I.D.#38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
PORTFOLIO RECOVERY
ASSOCIATES, LLC
c/o Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
Plaintiff,
vs.
YVONNE M BRYSON
13 E LOCUST ST
ENOLA, PA 17025-3025
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO..
CIVIL ACTION COMPLAINT
FIRST COUNT
I. Plaintiff is PORTFOLIO RECOVERY ASSOCIATES, LLC c/o Apothaker & Associates, P.C.,
520 Fellowship Road C306, Mount Laurel, NJ 08054.
2. Defendant(s) is/are YVONNE M BRYSON, an adult individual residing at 13 E LOCUST ST
ENOLA, PA 17025-3025.
3. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is the Assignee and Successor in
Interest of Account #4559542400892202; and said account was issued to Defendant(s) by WASHINGTON
MUTUAL BANK, the Original creditor.
4. Defendant received, accepted and used the account to its benefit.
5. This account is in default and Defendant(s) has an unpaid balance of $3,495.40. A true and correct
copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A".
6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are
included in Exhibit "A".
. 7. ' Although demand has been made, Defendant(s) has failed to make payment of the amount due as
above.
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of
$3,495.40 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law.
APOTHAKER & SOCIATES, P.C.
Attorne f Plaintiff
A Law Firm En as d in Debt C ectioi
BY:
Dated: 5/7/2009
David J. Kothaker, Esquire
Our File No.: 204419
VERIFICATION
David J. Anothaker, Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to
take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to
the best of my knowledge, information, and belief. The undersigned understands that the statements therein are
made subject to the penalties of 18 Pa.C.S.A. 4904 relat' to worn falsification to authorities.
David J. Apo ? Esquire
Attorney for Plaintiff
DATE: 5/7/2009
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FILEDa „r
OF THE
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Sheriffs Office of Cumberland County
R Thomas Kline e'pto st cuabry Edward L Schorpp
Sheri b' Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy OFF4E OF THE SHERIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/28/2009 12:07 PM - R. Thomas Kline, Sheriff, who being duly swom according to law, states that he made a
diligent search and inquiry for the within named defendant to wit: Yvonne M. Bryson, but was unable to
locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the
defendant Yvonne M. Bryson. George Bryson, father in law of defendant states Yvonne M. Bryson has
never resided at 13 E. Locust Street Enola, PA 17025. She lives at Regency Woods North, an exact
address is not available.
SHERIFF COST: $46.50
SO ANSWERS,
May 29, 2009
2009-3097
Portofolio Recovery
V
Yvonne M. Bryson
R THOMAS KLINE, SHERIFF
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Our File No.: 204419
APOTHAKER & ASSOCIATES, P.C. ~,
BY: David J. Apothaker ',
Attorney LD.# 38423
520 Fellowship Road C306 ',
Mount Laurel, NJ 08054 I,
(800)672-0215
Attorney for Plaintiff ',
i
PORTFOLIO RECOVERY ) CIOURT OF COMMON PLEAS
ASSOCIATES, LLC ) C~LTMBERLAND COUNTY
Plaintiff, ) ',
vs. )
0.:09-3097
YVONNE M BRYSON )
Defendant. )
I~',
PRAECIP TO
REINSTATE COMPLA T -CIVIL ACTION
TO THE PROTHONOTARY:
i
Kindly reinstate the Complaint in th~ above captioned Civil Action for an
additional thirty (30) days.
APOTHAKER & AS O TES, P.C.
Attorney for ain ff
A Law Firm Eneaae i D t Collectioj
BY:
David J. Apothal~er, Esquire
Dated: 7/10/2009
Our File No.:' 204419
APOTHAKER & ASSO LATES, P.C,
BY: David J. Apathaker, Esquire, Esq.
Attorney I.D.#384.23
524 Fellowship Road 0306
Mount Laurel, NJ 08054
CBOO> 672-0215
Attorneys far Plaintiff
PORTFOLIO RECOVERY
ASSOCIATES, LLC
clo Apothaker & Associates, P.C.
520 Fellowship Road 0306
Mount Laurel, N3 0$054
Plaintiff,
vs.
YVONNE M BRYSON
13 E LOCUST ST
ENOLA, PA 1'1025-3425
Defendant.
r ,
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~~
COURT Off' COMMON PLEAS
CUMBERLAND COUNTY
NOTIC
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Yau have been sued in court, If you wish to defend. against the claims set forth in the following pages,
you must take action within twenty (20} days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in wrtin~ with the court your defenses or objections to the
claims set forth against you. You are warned that if you f '1 to do so the case may proceed without you and a
judgment may be entered against you by the court witl~iaut further notice far any money claimed in the
complaint or for any other claim. or relief requested by the plaintiff. You may lose money or property ar other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT` ONCE. 'CF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAW R, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAMAY OFFER LEGAL, SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCLATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
Our File No.: 244419
APOTHAI~.ER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire, Esq.
Attorney LD.#38423
52fl Fellowship Road C306
Mount Laurel, NJ 08054
($flfl) 672-0215
Attorneys far Plaintiff
PORTFOLIO RECOVERY
ASSOCIATES, LLC
e/o Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 0$054
Plaintiff,
vs.
YVONNE M BRYSON
I3 E LOCUST ST
ENOLA, PA 17025-3025
Defendant.
COURT 01~ COMMON PLEAS
CUMBERI:!AND COUNTY
NO..
CIVTL AC`T'ION COMPLAINT
FIRST CUT~INT
1. Plantiffis PORTFOLIO RECOVERY ASSt~CIATES, LLC c(o Apothaker & Associates, P.C.,
520 Fellowship Road C3fl6, Mount Laurel, NJ 0$054.
2. Defendants} is/arc YVONNE M BRYSON,' an adult individual residing at 13 E LOCUS"T ST
ENOLA, PA 17025-3025.
3. Plaintiff PORTFOLIO RECOVERY ASSOICIATES, LLC, is the Assignee and Successor in
Interest of Account #4559542400$92202; and said account was issued to Defendant(s) by WASHI~1CxTON
MUTUAL BANK, the Original creditor.
4. Defendant received, accepted and used the acc<bunt to its benefit.
S. This account is in default and Defendants} ha$ an unpaid balance of $:3,495.40. A true and correct
copy of the total due and owing is attached hereto, nnade a part) hereof and marked as Exhibit `'A"'
6. All credits, if any, to which Defendant{s) is'entitled, have been applied to the account axial are
included in Exhibit "A'"
_ 7. Although demand has been made, Defendant{s} has failed to make payment of the amount due as
above.
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendants} for the sum of
$3,495.40 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law.
APCUTHAI~ER & IOCIATES, P.C.
Attomey~f 1Plaintiff
A Law Firm En~a~ irf Debt erection
$Y: _
David J. thak~r, Esquire
Dated: 5!7!2009
Uur File No.: 204419
vE~zcA~C~orr
David J. Apothaker Esquire hereby states that I am counsel, for plaintiff in this action, and that I am authorized to
take this Verification, and that the statements made in the fotiegoing Civil Action Coznplain# are true and correct to
the best of my knowledge, infozmation, and belief. 'The unjdersigned understands that the statements therein are
made subject to the penalties of l $ Pa.C.S.A. 4904 relatiz~to'' un,~worn falsification to authazities.
David J. Apo ~r, Esquire
Attorney for Plaintiff
DA'L'E: 5/7/2009
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R Thomas Kline ~i~. ~ `~ ' t+
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Sheri ~'~~' ~;"~ ~~ `'~~
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Ronny R Anderson ~^' ~ ~ ~~}~ ~ ~ ; ~
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Edward L Schorpp
Solicitor
Portfolio Recovery Associates, LLC Case Number
vs.
Yvonne M. Bryson 2009-3097
SHERIFF'S RETURN OF SERVICE
07/31/2009 08:38 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 31,
2009 at 2038 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Yvonne M. Bryson, by making known unto George Bryson, husband of defendant at 129
Regency Woods North, Unit MHP 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: $33.40
August 03, 2009
SO ANSWERS,
~~il~~ni~ ,~:
R THOMAS KLINE, SHERIFF
Deputy Sheriff
V '
r
Our File No.: 204419
APOTHAKER & ASSOCIATES, P.C.
By: David J. Apothaker
Attorney I.D.# 38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney for Plaintiff
PORTFOLIO RECOVERY
ASSOCIATES, LLC
Plaintiff
vs.
YVONNE M BRYSON
Defendant
-FICE
s P O 1iONOTAKY
(,l,?t BERLAND COUNT`t
,ENNSYLV"'A
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 09-3097
Civil Action
PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION
TO THE PROTHONOTARY:
Please enter a judgment in favor of plaintiff, PORTFOLIO RECOVERY ASSOCIATES,
LLC, and against Defendant, YVONNE M BRYSON, for failure to comply with the terms and
conditions of the Stipulation in Lieu of Judgment (Stipulation), filed with this Court on October
6, 2009, a copy of which is attached hereto as Exhibit "A".
Assess damages in the amount o£
Balance:
Less: Payments:
Plus: Interest from October 6, 2009
TOTAL
>9
David J. Apothaker, Esq.
Attorney for Plaintiff
Dated: March 5, 2011
(LMA s co o t,
Ck,U: ?q B a S
o-i or MOA ved
$ 3,728.59
( 472.00)
r
Our File No.: 204419
APOTHAKER & ASSOCIATES, P.C.
By: David J. Apothaker
Attorney I.D.# 38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney for Plaintiff
PORTFOLIO RECOVERY
ASSOCIATES, LLC
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Plaintiff
vs.
YVONNE M BRYSON
Defendant
David J. Apothaker, Esquire, certifies as follows:
Civil Action
1. I am an attorney with the Law Firm of Apothaker & Associates, P.C., attorneys
for the Plaintiff in the above captioned matter, and as such, have full and complete knowledge of
the facts herein.
2. The matter was settled by and between the parties by Stipulation in Lieu of
Judgment (Stipulation), on October 6, 2009, a copy of the Stipulation is attached hereto and
marked as Exhibit "A".
3. Defendant breached this agreement by failing to make payments in accordance
with the terms of said Stipulation.
4. Therefore, pursuant to the Stipulation, Plaintiff is proceeding towards the entry of
Judgment in the amount of $3,728.59, giving the Defendant credit for payments made totaling
NO.: 09-3097
$472.00, for a total of $3,256.59.
are true and correct. I understand
of 18 Pa.C..5-A. §4904, relating to
David J.po aker, Esq.
Attorney ? laintiff
I verify that the statements made in this
that false statements herein are made subject to the
unworn falsification to authorities.
Dated: March 5, 2011
r
Our File No.: 204419
APOTHAKER & ASSOCIATES, P.C.
By: David J. Apothaker
Attorney I.D.# 38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney for Plaintiff
PORTFOLIO RECOVERY
ASSOCIATES, LLC
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Plaintiff
VS.
YVONNE M BRYSON
Defendant
COMMONWEALTH OF PENNSYLVANIA
AFFIDAVIT OF NON-MILITARY SERVICE
COUNTY OF CUMBERLAND
NO.: 09-3097
Civil Action
: SS.
David J. Apothaker, being duly sworn according to law, deposes and says that I am the
attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 129
REGENCY WOODS N UNIT MHP CARLISLE, PA 17013-9085.
We inquired with the web site of the Defense Manpower Data Center, located at 1600
Wilson Boulevard, Suite 400, Arlington, VA 222 2593, if the De ndant(s) is/are in any
branch of the military.
Mary M. Snavely-Dixon, Director of the efe se Manp er Data Center has sent back
our inquiry indicated that the Defendant(s) is/are of in a mi ' ary.
David J. Apothaker, Esq.
Attorney for Plaintiff
I verify that the statements made in this Certification are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to
unworn falsification to authorities.
Request for Military Status
'Department of Defense Manpower Data Center
40 Military Status Report
Pursuant to the Service Members Civil Relief Act
Mar-05-2011 07:00:59
Last Firs#AYIiddle Begin Date Active Duty Status Active Doty End Date Service
Agency
BRYSON YVONNE Based on the information you have furnished, the DMDC does not possess any
information indicating the individual status.
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
Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast Guard).
14.
)6t In
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 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 DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et
seq, as amended) (SCRA) (formerly known as 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 status by contacting that person's Service via the "defenselink.mil" URL
h_ttpaHwww.defenselink.mil/fag/pis/PC09SLDR.html. If you have evidence the person is on active duty and
you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against
you. See 50 USC App. §521(c).
If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, 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 active duty status including date the individual was last on active duty, if it was
within the preceding 367 days. For historical information, please contact the Service SCRA points-of-contact.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period
of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a
call to active service authorized by the President or the Secretary of Defense for a period of more than 30
consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
https://www.dmdc.osd.mil/appj/scra/popreport.do[3/5/2011 9:58:18 AM]
Request for Military Status
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned
against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps
ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an
active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric
Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days.
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty
for purposes of the SCRA who would not be reported as on Active Duty under this certificate.
Many times orders are amended to extend the period of active duty, which would extend SCRA protections.
Persons seeking to rely on this website certification should check to make sure the orders on which SCRA
protections are based have not been amended to extend the inclusive dates of service. Furthermore, some
protections of the SCRA may extend to persons who have received orders to report for active duty or to be
inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on
Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of
active duty.
Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights
guaranteed to Service members under the SCRA are protected.
WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an
erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID:SRE542U09L
https://www.dmdc.osd.mil/appj/scra/popreport.do[3/5/2011 9:58:18 AM]
Our file No.: 204419 --,
APOTHAKER & ASSOCIATES, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
Attorney ID# 55140
PORTFOLIO RECOVERY
ASSOCIATES, LLC
Plaintiff,
vs.
YVONNE M BRYSON
Civil Action
STIPULATION IN LIEU OF JUDGMENT
The matters and things in controversy having been discussed by and between the
parties, and a settlement having been agreed upon:
Defe nt.
175-
It is on September 11, 2009, STIPULATED by and between Plaintiff,
PORTFOLIO RECOVERY ASSOCIATES, LLC, and Defendant, YVONNE M
BRYSON parties as follows:
1. Defendant agrees to pay the sum of $3,728.59, which sum Plaintiff agrees
to accept in full settlement of its claim herein, inclusive of counsel fees and court costs.
2. As of this date, payments totaling $372.00 have been applied to the
amount of 53,728.59, and the amount due and owing as of September 11, 2009 is
53,356.58.
3. The sum aforesaid of $3,356.58 shall be paid by the by Defendant,
YVONNE M BRYSON, to the attorneys for Plaintiff in the following manner:
a. $50.00 to be paid on or before the 5`h day of each month, beginning
October 5, 2009 until paid in full.
All checks are to made payable to PORTFOLIO RECOVERY
ASSOCIATES, LLC, and sent to:
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COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.: 09-3097
Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
Our file No.: 204419
4. In the event Defendant fails to pay in accordance with the terms set forth
in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of
Judgment against Defendant ex parse, in the sum of $3,728.59, giving Defendant credit
for any sums actually paid pursuant to the terms of this Stipulation.
5. In the event of default as aforesaid, and default is not cured within ten (10)
days, Plaintiff shall be entitled to obtain the entry of Judgment upon er parte application,
with supporting certification, and with notice to Defendant only in the form of a copy of
the application addressed to YVONNE M BRYSON by first-class, postage prepaid.
We hereby consent to the form and entry of the within Stipulation..
AVOTHAKBR & ASSOCIATES, P.C.
Attorneys for Pla' tiff
A Law Firm Engaged ' allection
By: t_ ---' -, 11 )
imb y F. Scian, Esquire"
VONNE M BRYSON
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