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Home My WebLink About10-6617SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~` "l,f of ~ur3tG~~~r 7~ ~ . ~~~ FiLE~-OFFlCC TFIE PR~JT~~C~"~~~'~:~''`t' Jody S Smith Chief Deputy Richard W Stewart Solicitor Portfolio Recovery Associates, LLC vs. Rick Wisner ~~~~ ~~~ ~~ A~ ~~ ~~ ~'l~~BERL~,l~G Cu~~~T'~'' Case Number 2010-6617 SHERIFF'S RETURN OF SERVICE 10/21/2010 08:15 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on October 21, 2010 at 2015 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Rick Wisner, by making known unto himself personally, at 206 Pennsylvania Avenue, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. y MICHAEL BARRI ,DEPUTY SHERIFF COST: $41.94 October 22, 2010 SO ANSWERS, ~~ RON r R ANDERSON, SHERIFF (c CountySuite Sheriff. Teleosoft, Inc. Our file No.: 243023 APOTHAKER & ASSOCI, 520 Fellowship Road C306 Mount Laurel, NJ 08054 c- L11 CJ , s t i'_ ?- r kTES, P.C.201 fjL) t, 15 p ?VJBER N, PENNSYL_Vi", ?E ". (800) 672-0215 Attorneys for Plaintiff Attorney ID# 307949 PORTFOLIO RECOVERY ASSOCIATES, LLC VS. RICK WISNER Defendant. 41 ? 9 ?/? Jr? f 1 02010 lDII COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: c -L&O UNOTM 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: It is on October 25, 2010, STIPULATED by and between Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, and Defendant, RICK WISNER parties as follows: 1. Defendant agrees to pay the sum of $2,927.94, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid of $2,927.94 shall be paid by the by Defendant, RICK WISNER, to the attorneys for Plaintiff in the following manner: a. $200.00 to be paid on or before October 25, 2010; b. $440.00 to be paid on or before November 25, 2010; c. $440.00 to be paid on or before December 25, 2010; d. $200.00 to be paid on or before the 25 h day of each month, beginning January 25, 2011 until paid in full. All checks are to made payable to PORTFOLIO RECOVERY ASSOCIATES, LLC, and sent to: Plaintiff, Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Our file No.: 243023 c 3. 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 parte, in the sum of $2,927.94, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. In the event of default as aforesaid, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to RICK WISNER by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged i;Mebt Collection By: Esquire RICK WISNER Our File No.: 24023 . 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. RICK WISNER Defendant IL ED I'-OFFICE F 7I 'EOTHONOTARY' ? ; I R I I PM 1.00 `"'I- MBERLANO COUNTY PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-6617 CIVILTERM 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, RICK WISNER, for failure to comply with the terms and conditions of the Stipulation in Lieu of Judgment (Stipulation), filed with this Court on November 15, 2010, a copy of which is attached hereto as Exhibit "A". Assess damages in the amount of Current Balance: $ 2,869.88 ( 640.00) .00 $ 2,229.88 Less: Payments: Plus: Interest from November 15, 2010 TOTAL David J. Apothaker, Esq. Attorney for Plaintiff Dated: March 5, 2011 004g1400Na!, 010.19837 1241, as& W13 Our File No.: 243023 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. RICK WISNER Defendant David J. Apothaker, Esquire, certifies as follows: Civil Action I. 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 November 15, 2010, 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 $2,869.88, giving the Defendant credit for payments made totaling NO.: 10-6617 CIVILTERM $640.00, for a total of $2,229.88. I verify that the statements made in this that false statements herein are made subject to the unsworn falsification to authorities. are true and correct. I understand of 18 Pa.C.S.A. §4904, relating to David J. A o er, Esq. Attorney fo aintiff Dated: March 5, 2011 Our File No.: 243023 . 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. RICK WISNER Defendant NO.: 10-6617 CIVILTERM Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : 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 206 PENNSYLVANIA AVE CAMP HILL, PA 17011. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Inte M ower Data Center has sent back our inquiry indicated that the Defendant(s) is/are n t e litary. 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 unsworn 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 07:07:26 < Last Name RirsWiddle Begin Date Active Duty States Active Duty End Date Service Agency WISNER RICK 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). Y&Vt 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 hftp:Hwww.defensel"nk.mil/faq/pis/PC09SLDR.htmi. 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.dmde.osd.mil/appj/scra/popreport.do[3/5/2011 10:04:45 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:FKU1 H90PTC https://www.dmdc.osd.miUappj/scra/popreport.do[3/5/2011 10:04:45 AM] Our file No.. 243023 t„ f, 1 APOTHAKER & ASSOCIATES, PC 520 Fellowship Road 0306 Nov, i? Mount Laurel, NJ 08054 Zaloi (800) 672-0215 By i Attorneys for Plaintiff Attorney ID# 307949 -- - - ) COURT OF COMMON PLEA. PORTFOLIO RECOVERY } CUMBERLAND COUNTY ASSOCIATES, I1LC } DOCKET NO.: u -W? Plaintiff, ) Civil Action ? VS. } RICK WISNER ) STIPULATION IN LIETJ OF JUDGMENT } Defendant. 3 The matters and things in controversy having been discussed by and between the. parties, and a settlement having been agreed upon: It is on October 25, 2010, STIPULATED by and between Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, and Defendant, RICK WISNER parties as follows: 1. Defendant agrees to pay the sum of $2,927.94, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2 The sum aforesaid of $2,927.94 shall be paid by the by Defendant, RICK. WISNER ; to the attorneys for Plaintiff in the following manner: a. $200.00 to be paid on or before October 25, 2010; b. $440.00 to be paid on or before November 25, 2010; c. $440.00 to be paid on or before December 25, 2010; d. $200.00 to be paid on or before the 25`h day of each month, beginning January 25, 2011 until paid in full. All checks are to made payable to PORTFOLIO RECOVERY ASSOCIATES, LLC, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Our filv-_",o.: 24302-3) 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 parte, in the sum of 52,927.94, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. In the event of default as aforesaid, Plaintiff shall be entitled to obtain the entry of Judgment upon ex forte application, with supporting certification, and with notice to Defendant only in the forn- of a copy of the application addressed to RICK WISNER by first-class, postage prepaid. 1,Ve'hereby consent tc forltl end entry 6 th v,,ith111 stipulation. APOTI IAKPR 8 ASSOCIATES, P.C. Attorneys for Plaintiff Law Firm Engagedebt Collection By: Esquire t RICK WISNER