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HomeMy WebLinkAbout09-8852• Ottr File No.: 231146 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. HOLLY R BRULIA 14 ALTOONA AVE ENOLA, PA 17025 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NOTICE T rIn 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 Out File No.: 231146 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. HOLLY R BRULIA 14 ALTOONA AVE ENOLA, PA 17025 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: q 5 ? c ,`v . ( tc n? CIVIL ACTION COMPLAINT FIRST COUNT 1. 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 HOLLY R BRULIA, an adult individual residing at 14 ALTOONA AVE ENOLA, PA 17025. 3. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is the Assignee and Successor in Interest of Account #5155970002326318; and said account was issued to Defendant(s) by HSBC/ORCHARD 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 $1,644.60. 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 $1,644.60 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & A OC TES, P.C. Attorney f r Pl 'tiff A Law Firm Eneag d in ebt Corectioi BY: Dated: 12/16/2009 David J. Apothake`r, Esquire Our File No.: 231146 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 belie. made subject to the penalties of 18 Pa.C.S.A. 4904 David J. Apothaker, Esquire Attorney for Plaintiff s that the statements therein are to authorities. DATE: 12/16/2009 PORTFOLIO RECOVERY ASSOCIATES, LLC HOLLY R BRULIA 14 ALTOONA AVE ENOLA, PA 17025 STATEMENT OF ACCOUNT Debtor's Name: HOLLY R BRULIA Account Number: 5155970002326318 Original Creditor: HSBC/ORCHARD BANK Balance Due: $1,644.60 Our File No.: 231146 EXHIBIT "A" Off. ?; .. o fje,4,4 1/35-7/41/ R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor -_,G , F .,.? ?";;,,: 2819 JAN -5 PH 21 26 0LWR1-''4U Portfolio Recovery Associates, LLC vs. Case Number Holly R. Brulia 2009-8852 SHERIFF'S RETURN OF SERVICE 12/30/2009 02:05 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on December 30, 2009 at 1405 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Holly R. Brulia, by making known unto herself personally, at 14 Altoona Avenue, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWERS, R THOMAS KLINE, SHERIFF BV y Deputy Sheriff o? t ?r,". SHERIFF'S OFFICE OF CUMBERLAND OF THE PRMHWUW Our File Igo.: 231146 w PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff vs. HOLLY R BRULIA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c-n ~-, ~~ NO.: 09-8852 ~ `~ ° ° -~ ) if J _ Civil Action --- ~ ^' ~ -~ w ) -~,~ ~ _ - -_ ,: , :y ~ L, PRAECIPE FOR APPOINTMENT OF ARBITRATORS ~ `" TO THE HONORABLE, THE JUDGES OF SAID COURT: 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 $1644.60. The following attorneys are interested in the case as counsel or aze otherwise disqualified to sit as abbitrators: For Defendant For Plaintiff ATTN: MR. GARY KELLY ESQ Benjamin J. Cavallazo, Esquire 3117 CHESTNUT ST 520 Fellowship Road C306 CAMP HILL, PA 17011 Mount Laurel, N3 08054 (800}672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) abbitrators to whom the case shall be submitted. July 28, 2010 Respectful bmi J Benj in J. Taro, Esquire ORDER OF COURT AND NOW, , 20 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action as prayed for. By the Court, ~d4.00 PQ N'T'-'~ e-~ /9 a.3a9 ~' a~ to457 o'~ -t~d6/` ~~ v S Plaintiff ~ ru !: Defendant Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States the Constitution of this Commonw and th e will discharge the uties of o ice with f elity. Sig r Sign a Si ature ~- Name (Chairman) Name Name Law Firm /9S ~ ~' Address ~ ~ City, Zip In The Court of Common Pleaos of Cumberland County, Pennsylvania No.~/ -J~ Civil Action -Law. Law Firm Address City, Zip Law ,F,ir(m~ Address C~.c~-~ 1~ ~~ ~ 70~ ~ City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the f~llnwin~ award: (Note: If damages for delay are awarded, they shall be separately stated.) Date of Hearing: ~ / ( a'rman) Date of Award: ~~ ~~ /~/ .' ~ _ Notice of Entry of Award Now, the day of ,,~~~=- , 20~~, at ~.'s(> , ~.M., the above award was entered upon the`dve.1~~~=acid notice thereof given by mail to the parties or their attorneys. .. Arbitrators' compensation tQ.bepaid-upon appeal: $ ~~~. By: Prothonotary Deputy 1/L~jU1LiQW1, (AjAAG11~J~yJ L?~s1T110.1111. Ll U~Jt/ll~(AVI~.~ ~'IL.Ep-o~~icE Oi~ THE PROTHONOTAR'r' 200 OCT 21 APB 9~ 50 CUMBERLA~dD COUNTY PEf~N5YLYANIA e~i ifsf' /ruS i !~ A~ ~ ,~.c~ ~~Y ~.~ lo~zr~~o l