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Home My WebLink About11-8286Our File No.: 328323 APOTHAKtR & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK c/o DB SERVICING CORPORATION 6500 NEW ALBANY RD NEW ALBANY OHIO 43054 Plaintiff, vs. ALISON M RIFE 6 DOGWOOD CIR SHIPPENSBURG, PA 17257 Defendant. GJ F r-rJ ?y 4D i COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 11- 8040 (21VF ?e rlk NOTWIP 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 *qa, oo Ao ATt`/ L+#' h/D3 yIo ?? ac,??l8 ,,t Our File No.: 328323 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. 438423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK c/o DB SERVICING CORPORATION 6500 NEW ALBANY RD NEW ALBANY OHIO 43054 Plaintiff, vs. ALISON M RIFE 6 DOGWOOD CIR SHIPPENSBURG, PA 17257 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is Discover Bank ("Plaintiff'), a Delaware State Bank and issuer of the Discover Card. 2. Defendant(s) is/are ALISON M RIFE, an adult individual residing at 6 DOGWOOD CIR SHIPPENSBURG, PA 17257. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK, issued to Defendant(s), Account 4 ending in 9209. 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 $7,433.77. 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 $7,433.77 and requests this Court award costs to the extentNrmitted by applicable law. APOTHAKER &/AS$OCIATES, P A Law Firm En2a2edlin BY: David J. Apt faker, Esquire Dated: 10/24/2011 Our File No.: 328323 VERIFICATION 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 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. 49nTAr r )t; to uns orn falsification to authorities. David J. A othaker, Esquire Attorney for Plaintiff DATE: 10/24/2011 New Balance DISCOVER $7,433.77 CARD 03 SDSN6A01 0000195 ALISON RIFE 1701 W NORTHWEST HWY # 145 GRAPEVINE TX 76051-8127 Minimum Payment Due Account Number ending in 9209 $289.00 Enter Amount Enclosed Below Payment Due Date $ 1 == November 2, 2009 Please make check payable to Discover Card. l f the month y You are overlimit. Pay the sum o minimum payment plus the overlimit amount of $133.77. Will your payment get to Vs on time? Pay your bill online and your payment can be made to your account on the same day. Visit Discover.com/payments today. PO BOX 6103 CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? Print change in space above, or go to Discover.com. Print your e-mail address to nn„,{,1nr1rnr1n1{nn,r,{1{1 fill III nfi,rnnn11 11111 11 receive important Account information and special offers. Discover More Card Account Summary Closing Dais: October 3, 2009 page 1 of 1 Account number ending in 9209 Previous Balance $7,232.03 Payment Due Date November 2, 2009 Payments And Credits 0.00 Minimum Payment Due $289.00 Purchases + 93.54 Credit Limit $7,300.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $1,900.00 Finance Charges + 108.20 Cash credit Available $0.00 New Balance . $7,433.77 Cashback Bonuse Opening Cashback Bonus Balance $ 2.88 New Cashback Bonus This Period + 0.13 Cashback Bonus Balance $ 3.01 -Cashborck-Bor,usOAnnivers----- -------------------- __..._..-------.-_. ---- .. .--.------- Date-. October 3 How Can We Help You? 1. Visit Discover corn to pay your bill for no cost, view your West Account information, earn and redeem rewards and more It's your choice - 3 wop to help 2. Call i.800'DISCOVER (347-2683) for fast, easy solbservice Please have your Discover Card available. options or to speak with a Customer Service Account Manager for TDD (assistance for hearing impaired) sea reverse side 3. Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 Transactions $0 Fraud Lia69Nfy Guaranies Use your Discover Card with confidence. Trans. Post Date Dale Merchandise/Retail Sep 17 Sep 17 AMERICAN GIRL CATALOGUE 800-845.0005 WI $ 44.95 016r/Miscellaneous Oct 3 Oct 3 LATE FEE 39.00 Travel/Entertainment Sep 8 Sep 8 HERITAGE HOUSE LAKE BUENA VIFL 9.59 WALT DISNEY WORLD RESORT R 1142156 Information for You '-'-'. ATTENTION --"? * -Your-account is-past-due. Please pay-the-past due amount now, orcontact us to-make other-- - - arrangements. Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CS , S CHARGES current billing period: 30 days Purchases $1420..41 0.04929% 17.99% F 17.99% $21.00 $0 Past Purchases $5897.47 0.04929% 17.99% F 17.99% $87.20 $0 Cash Advances $0 0.04929% 17.99% F 17.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above Important InformaUOn. if there Is more than one page to this billing statement, see the back of each page for addition-at important information. See your CardmenWer Agreeeient. Your Cardmember Agreement contains all the terms of your Account rn Lost or stolecards. sar t Your 1111: Report ImmediaEnris or Questions Apw tely! ?sCaallll?1-800-847-2668. w ppYOU 9 you more ?n trans an ib G y?yeon vraustr W N; write Case us ono t?ran 60 days Da ir s?errt ? you eC u think r bill Is tiro( bill an which rrhtcl2il a%r?MkorCiU 813 °p?0 re421 asllscenoraitdephone ? the I d?gmU txarm vo nor r1 1 In your letter, g ve us the following Information: d ' I • on amM of a sus error are d tibe the error and explath it you can, why you believe there is an error. If yeu need more inform ;,;, descri Item unsure o nhave t moutnr f? ?dttrIesttort whiteve are d,re stildic t?tuWnr bll that are not in ile q cation, yus cannot repoyoq t oor e any action to e fhb am t you ques0on. dal I , Crotllt?f8rd Purdasr UlTme-ZIN101 have d uroWem with the quality of Roods or services that vRu purchased with a credit card. and u have n tmh to correct ain witrt the merohant -? not lfave to oav the rem iron amount due on the or sotvi es. ou have th s Rp? only when thoes b an the purchase v as made ?n r home state of withi0miles orf rega mailing the odM olocationbi purcaseMor if we malted you the advertisement for the goods or services, all purchases are covered Crew Reoertl;Pffinm r rt Informati on abouyour account to credit bureaus. late ants, rolssed p?mt?ts, or )her defaulton uatnccounMav In xr credit neooru[ We I mlyW ree W the status and pavmfe . of youAcrb?ut to ?eporUn ies each Do1t Xduc t report rur name, a dros or Inc male e ph , ease write us at the J. address. Discover Card, Pb O Bdx 153?6? W(Immgton. E ic number and Account nu r. Yo on Brace Parted on Purchases ( Sol We begin to impos4 Pedodic Finance Chars on ail Va sacU9ns from the T s eUon Date for the trapsa?an as shown r tli IF unless a transactron is Roared to your Account after the clllost o17he pu in ?n which it oaursin which case we Dedlgnnt?9r f wottnBPSa Charges on that VahsacUon Tram the Oral ?r t( the eii0na p?rlod ?n ich it is to Wur ' Account We conUnud Ic II esa Periodic Finance Char9s3 until the date You r entire NevP Balance, by maxinR vms?ts or r o?ositvslnag credits Haveyer it voud NN Baiarie a on your previous piling statement ov ?ent are Dade sho?m an that biRi 3tatemeM acid you pay the New Baiancs 'th,d nt Due Date on ur correct pilling sta ant we will n t Impose Perlalic Finance Charges n new Rurchases, that is, up rchases first ap g on the current bil?ing atatoment wa cal tnis the °grace pedorl.° There is no grace periorfon lance transfers or cash advances. Cp?e. less S 5Fl 0 15 othTUVlisekbe &CIr a you a minimum FINANCE CNARBE of $.50 for any billing period In which Periodic Finance Charges of posed. pptn9 Fee. If vour Amount hasan annual fee it will be billed at the be6ginning oT each ann{versry year ur Account is open. The amount of W9 fee appears >sn the statement v i an the fee is billed. The annul l fee i not rt?fundable I?mess D notifus that Adu wish to dose your Account %a n uring that days ofperiod. the mailing or de ivery date of the statement on which the fee. s billed. You wi receive this refu even if-you use your Card d urin Periodl Flnerrte ryy?e? Wo sod your trdnsactions Into roues of ourdlases, cash advances and balance transfers and then further sort the transaci?ons wHhlnCeactf rouD bjr iheN Annual Percentage mate For exam e, purchases sub?ct to a romsoaUconal role and purchases sub0-6 to a standard ?te would b s? ratergrouRs. We refer w there groups as trans?cbon cate?o? A the uu8the Tollnowi gn?q Iat?on'tn?i?mp to diCft and PerloCic Flhance ales To par daof the biflin Period for each transaction W Finance Charges Tor each nsacuon kale ty (Average Daily Balance) times (days in puling period) times (Daily Periodic Rate). You ma rater to the finance cnarRe summary on your Diltln statement for these amounts. Then we add up the Periodic Finance Charges for each transaction cateQ to pet the total Periodic Finance Cna%ef for trour Account The Average Daily Balance 4 shown as zero if, because of the grace period, no Part ° in Chaipes a(?lpPI to the balance in a transaction ca 1Ne use the Aua°ra i1ai y i3atark a r; ncudlrn+40 nneew lransacOons) Jnetnod o1 Ic IaUn# the balance upon which we impaSa Periodic finance Charge We coin u the„ yere? Daily Ralan?e_Tor each transa on.ptegory a. l 9.up all the daily dances in a Dillino oerfod for a the Fee which has For TDD (TelecommuNCations Device for the Deaf) assistance, please call 1-800-947-7448. The OlscoveiO Card Is Issued by Discover Bank Member FDIC SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor N 1, +?...i?-OFEfCf' F + r t 0Th+G, ?Tf k. "1311 NOV 30 am l l : u C -MBERLA?,ID CDUIgl-° PENNSYLVANIA Discover Bank Case Number vs. Alison M. Rife 2011-8286 SHERIFF'S RETURN OF SERVICE 11/23/2011 06:30 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on November 23, 2011 at 1830 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Alison M. Rife, by making known unto herself personally, at 6 Dogwood Circle, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. RO E T BITNER, DEPUTY SHERIFF COST: $48.00 November 28, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ;c) Coun'ysuite shenff. Ieleosoft_ fix;. Our file No.: 328323 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK Plaintiff, vs. ALISON M RIFE Defendant. FILED-OFFICE OF THE PROTHONOTARY 2011 DEC 27 PM 2: 32 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 11-8286-CIVIL TERM Civil Action ANSWER TO NEW MATTER Plaintiff, DISCOVER BANK, by and through their attorney, answers the following New Matter: 3. Denied. Defendant owes the amount stated in the Complaint. 4. Denied. Plaintiffs claim is not barred by the Doctrine of Unjust Enrichment. 5. Denied. Plaintiff s claim is not barred by the Doctrine of Impossibility of Performance. 6. Denied. Plaintiffs claim is not barred by the Terms of the Contract. 7. Denied. Defendant owes the amount stated in the Complaint. 8. Denied. Plaintiff has not breached its Duty to Mitigate. 9. Denied. Plaintiffs claim is not barred by the applicable Statute of Limitations. 10. Denied. Defendant was personally served by the Sherriff. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaeed in Debt Collection BY: W. Felzer, Esquire DATED: December 16, 201 l f a VERIFICATION Jordan W. Felzer, 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 Answer to New Matter 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 relating to unsworn falsification to authorities. J r an W. Felzer, Esquire ornev for Plaintiff DATE: 12/16/2011 Our file No.: 328323 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK Plaintiff, vs. ALISON M RIFE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 11-8286-CIVIL TERM Civil Action Defendant. CERTIFICATION OF SERVICE I, Jordan W. Felzer, Esquire, attorney for Plaintiff, certify that on 12/16/2011, I mailed a copy of the Answer to New Matter by Regular mail to ALISON M RIFE 6 DOGWOOD CIR SHIPPENSBURG, PA 17257 n JgHan W. Felzer, Esquire Aftiornev for Plaintiff Date: 12/16/2011 Our File No.: 328323 DISCOVER BANK i Plaintiff vs. ALISON M RIFE Defendant Civil Action PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: U M -- f CD - Benjamin J. Cavallaro, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $7433.77. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff Benjamin J. Cavallaro, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. February 28. 2012 AND NOW, l and as prayed for " ?hJ(1? h ! ?aUl? Ilar6) C°?? Ps mu: loo( ??a3? a C-) Respectfully S ed, -03 ;z rn- r genjami . Cavallaro, Esquire cj, ORDER OF COURT v` 20/x, in consideration of the foregoing petition, Esq., and iir?Esq., Esq., are appointed arbitrators in the above captioned action By the Co F 2- 7- $as. 50 P Q A-MY e-*Waa8 eo?7a306 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 11-8286-CIVIL TERM DISCOVER BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA: VS. CIVIL ACTION - LAW ALISON M. RIFE, Defendant NO. 11-8286 CIVIL ORDER AND NOW, this /7 day of July, 2012, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Taylor Andrews, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, - /4, Kevin Hess, P. J. 1/ Taylor Andrews, Esquire l /Court Administrator Am (d7 ? ? l1? ? led 7/1 C- CM P MCD MM C_ - ; r ?C1 "D XC) .. !' W ??y RX Date/Time 07/lb/2012 11:49 07/1612012 MON 14:45 FAx 856 780 1020 e , Our file No.: 328323 Apothaker & Associates, P.C. _ 520Fc1lowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff 856 780 1(120 PRO THo C T 2812 JUL 30 PN 4: 14 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS DISCOVER BANK ) CUMBERI..AND COUNTY Plainti$ ) DOCKET NO.: 11 -8286-CIVIL TERM VS. ) ALISON M RIFE ) Civil Action STIPULATION IN LIEU Ol, JUDGMENT Defendant. ) The matters and things in controversy having been disc rased by and between the put and a settlement having been agreed upon: Q?)31C0A It is on July 13, 2012, STIPULATED by and between DISCOVER BANK ("Plainti and ALISON M RIFF. ("Defendant', as follows: 1. Plaintiff filed suit in the above captioned matter seeking dannages in the amount $7,433.77, plus court costs in the amount of $168.50, for a total of $7,602.27. 2. As of this date, payments totaling $0.00 have been applied to the aforementioned sum. 3. Defendant shalt remit payment(s) in the following manner: a. $215.00 to be paid on or before the 3e day of each month, beginning July 2012 until paid in full. 4. All checks shall be made payable to "DISCOVER BANK", and sent to the office of Plaintiffs attorney, Apothaker & Associates, P.C., located at the following address: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 1 RX Date/Time 07/16/2012 11:-49 f 856 780 1020 P.004 0004/004 07/16/2012 KOx 14150 FAx 856 780 1020 By: *nfnl. Cav lam, Esquire may 1 30?949 ,tha er dt ssociates, Y.G. Attomeys for Plaintiff" 'By: ALISON M RTFF. -? Defendant 5. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation and the default is not cured within ten (10) days, then Plainti (T shall e entitled to obtain the entry of Judgment against Defi rxlant in the suit amount, plus eou t costs, as specified in paragraph one (1) of this stipulation less any sums paid pursuant In this Stipulation, upon ex parte application, with supporting certification, and with noti to Defendant in the form of a copy of the application addressed to Defendant by first- class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. I 1 2 c-� T1 "C3 " 7C W 7Z Our File No.: 328323 rr- APOTHAKER& ASSOCIATES, P.C. cry Wit', By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 -' Mount Laurel,NJ 08054 (800) 672-0215 Attorney for Plaintiff COURT OF COMMON PLEAS OF DISCOVER BANK ) CUMBERLAND COUNTY Plaintiff ) VS. ) NO.: 11-8286-CIVIL TERM ALISON M RIFE ) Civil Action Defendant ) PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION TO THE PROTHONOTARY: Please enter a judgment in favor of plaintiff, DISCOVER BANK, and against Defendant, ALISON M RIFE, for failure to comply with the terms and conditions of the Stipulation in Lieu of Judgment (Stipulation), filed with this Court on July 30, 2012, a copy of which is attached hereto as Exhibit"A". Assess damages in the amount of: Balance: $ 7,602.27 Less: Payments: ( 435.00) Plus: Interest from July 30, 2012 .00 TOTAL $ 7,167.27 David J. er, Esq. Attorney for Plaintiff 4 (",50 pp Airy 6*'75(083 4iae �i� Our File No.: 328323 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 COURT OF COMMON PLEAS OF DISCOVER BANK ) CUMBERLAND COUNTY Plaintiff ) vs. ) NO.: 11-8286-CIVIL TERM ALISON M RIFE ) Civil Action Defendant ) David J. Apothaker, Esquire, certifies as follows: 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 July 30, 2012, 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$7,602.27, giving the Defendant credit for payments made totaling $435.00, for a total of$7,167.27. I verify that the statements made in this Certifica ' are true and correct. I understand that false statements herein are made subject to the p alti of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. thak , sq. Attorney ntiff Our File No.: 328323 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 COURT OF COMMON PLEAS OF DISCOVER BANK ) CUMBERLAND COUNTY Plaintiff ) VS. ) NO.: 11-8286-CIVIL TERM ALISON M RIFE ) Civil Action Defendant ) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND 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 6 DOGWOOD CIR SHIPPENSBURG, PA 17257. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 2220' 3, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the efense anpower Data Center has sent back our inquiry indicated that the Defendant(s) is/are tin th military. David J. er, 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. Results as of:Mar-14-2013 11:43:20 Department of Defense Manpower Data Center SCRA 3.0 PUMSMt tD Smicimembers Civil Relief Ad Last Name: RIFE First Name: ALISON Middle Name: M Active Duty Status As Of: Mar-14-2013 u.,.. i cthaD*,f;d rnP NA NAs „ NA This response reftecC9 d ts'active duty t+asA on Status Date Pccftvekt t ova t nd ire;` k NA NAP' NA This response reflects"em t#e individual left active , 7days preceding the""" y ft Status Date �"rl�q!'�U1tft YYasi half�a C�1tti7�' �' � tamer u�Fark gibe E�� rt; e �,�tra�k r NA { NA This response reflects whether the` , .,,hiaftr unit has report for active duty Upon searching the data banks of the Department of Defense Manpower,`D��`'d"- on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DOD)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 Servicemembers Civil Relief Act(50 USC App.§501 at 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 only 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 was on active duty for the active duty status date,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:http://www.defenselink.mil/faq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status date 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). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(o for purposes of responding to a national emergency declared by the 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 Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(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). 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. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Tide 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). 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 the SCRA extend beyond the last dates of active duty. Those who could 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 last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 92R8S9C190A1V60 RX'Oate/Time 07/16/2012 11.49 856 780 1020 E. 003 07/16/2012 MON 14- 49 FAX 856 780 1020 ®003/00d OLEO r E 3 t �t p FFfL , . ._ fl 11 JU 3Q ♦1'A tt r Our file No.: 328323 20 ' j � HONG Apothaker&Associates,P.G. C1jH#MAND • I b Mount T aurel,NJ 0 46 054 MRS YL q ONTY . (900)672-0215 A Attorneys for Plaintiff COURT OF COMMON PLEAS DISCOVER BANK ) CUMBERLAND COUNTY Plaintiff, ) DOCKET NO.: l l-8286-CIVIL TERM vs, } ALISON M RIFE ) Civil Action ) STIPULATION IN LIEU OF JUDGMENT Defendant. ) The matters and things in eontrovursy having been discussed by and between the p:utiei, and a settlement having been agreed upon: It is on July 13, 2012, SfIPULATRD by and between DISCOVER BANK ("Plainti(I") and ALISON M RIFF.("Defendant'),as follows: 1. PWntiff filed suit in the above captioned shatter seeking dw-wages in the amount of $7,433.77,plus court costs in the amount of$t 68.50,for a total of$,62.27. 2. A,Y of this date,payments totaling$0,00 have been applied to the aforementioned sum, 3. Defendant shell remit paym at(s)in the following mans cr; a.$215.04 to be paid on or before the 3&day of each month,beginning July 30, 2012 until paid in fEtll. 4. All checks shall be made payable to"DISCOVER BANK",and sent to the office of Plaintiff's attorney,Apothaker&Associates,P.C., located at the following address: A thk ' tspa u er 8t Assoc�a e ,P.C. 520 Fellowship Road C306 Mount Laurel,NJ 08054 I 1 RXDate/'time 07/16/2012 11 :49 856 780 1020 P. 004 07/16/2012 MON 14: 50 Pax 856 780 1020 2004/004 5. In the event Defendant fails to pay in accordance with the terms set fortis in this Stipulation and the do&Wt is not cured within ton (10) days, then Plaintiff' ,;hall be entitled to obtain the entry of Judgment against Dafi ndunt in the suit amount, plus court costs,as specified in paragraph one(1) ol'this stipulation lea any sums paid pursuant to this Stipulation, upon ex puma application,with supporting certification, and with notice to Defendant in the f:vrrn of a copy of the application addressed to Defendant by fast- class,postage prepaid. i We hereby consent to the form and entry of the within Stipulation. By_ Boll] J.Cava Iaro,Esquire rnoy i 307949 Apnthci t r& ooiates,P.C. Attoni ys for Plaintiff' i I q By; � - ALISON M RIFF. ----, Defaidant i I i 2 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: ALISON M RIFE 6 DOGWOOD CIR SHIPPENSBURG, PA 17257 COURT OF COMMON PLEAS OF DISCOVER BANK ) CUMBERLAND COUNTY Plaintiff ) vs. ) NO.: 11-8286-CIVIL TERM ALISON M RIFE ) Civil Action Defendant ) NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. JUDGMENT FOR FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THE STIPULATION IN LIEU OF JUDGMENT ❑ JUDGMENT BY DEFAULT ❑ JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION ❑ JUDGMENT FOR POSSESSION ❑ JUDGMENT ON AWARD OF ARBITRATORS IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE,PLEASE CALL: ATTORNEY David J. Apothaker, EscF at this telephone number: 215-634-8920 Ira..,,_-