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Home My WebLink About10-5383Our File No.: 267380 APOTHAKER & 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 LVNV FUNDING, LLC 15 SOUTH MAIN STREET STE 500 GREENVILLE, SC 29601 Plaintiff, VS. HOLLY BRULIA 14 ALTOONA AVE ENOLA, PA 17025 Defendant. OP COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: U 1 D_ 5383 1-1 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 $12.00 W 11? ,f* t4 155-7 "240930 Our File No.: 2673 80 APOTHAKER & 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 LVNV FUNDING, LLC 15 SOUTH MAIN STREET STE 500 GREENVILLE, SC 29601 Plaintiff, VS. HOLLY BRULIA 14 ALTOONA AVE ENOLA, PA 17025 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING, LLC, 15 SOUTH MAIN STREET STE 500, GREENVILLE, SC 29601 2. Defendant(s) is/are HOLLY BRULIA, an adult individual residing at 14 ALTOONA AVE ENOLA, PA 17025. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account # ending in 8254; and said account was issued to Defendant(s) by HSBC BANK/BON TON, 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 $1,278.98. 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 $1,278.98 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & AS TES, P.C. Attorney fo Pl tiff A Law Firm Enga? d in I ebt Colleefiot BY: Dated: 8/10/2010 David J. ApQthaker, Esquire Our File No.: 267380 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. 4904 relating to t4worn falsification to authorities. David J. Apc Attorney ker, Esquire Plaintiff DATE: 8/10/2010 LVNV FUNDING, LLC HOLLY BRULIA 14 ALTOONA AVE ENOLA, PA 17025 STATEMENT OF ACCOUNT Debtor's Name: HOLLY BRULIA Account Number: ending in 8254 Original Creditor: HSBC BANK/BON TON Balance Due: $1,278.98 Our File No.: 267380 EXHIBIT "A" 267380 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717-240-6397 Plaintiffs: Court Number: LVNV FUNDING, LLC Expiration Date: Type of Action: Civil Action Defendant/s: HOLLY BRULIA Serve Upon: HOLLY BRULIA Address for Service: 14 ALTOONA AVE ENOLA, PA 17025 Alternate Address for Service: Type of Service: () Personal (X) Adult in Charge () Deputize () Certified Mail () Posting Special Service Instructions: * * If service is to be made by deputized service to another county please specify which county Filing Attorney Information: Name: Apothaker & Associates, P.C. Address: 520 Fellowship Road C306 Mount Laurel, NJ 08054 Telephone: 215-634-8920 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED-C~~1C~ _f~{'}~/ ~t ~' ~ ; t , !~ cc~ 15 A~ 8~ 5~ CUf`d:~~J ~~. .~ ~~~ ~L•UN ~~i~11ti~~L~f~~ LVNV Funding, LLC vs. Holly R. Brulia Case Number 2010-5383 SHERIFF'S RETURN OF SERVICE 09/08/2010 01:25 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 8, 2010 at 1325 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 September 10, 2010 n ~~ ! ~~~~ _. _ . NOAH CLINE, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF s , Our File No.: 2673 80 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 LVNV FUNDING, LLC ^ (i S3 f,1iJ (-i; rt f T ., y ^ . ~ ?,I F COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. HOLLY BRULIA NO.: 10-5383 CIVIL Civil Action Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, HOLLY BRULIA, in the default of an Answer, in the amount of $1,295.78 computed as follows: Amount claimed in complaint: $ 1,278.98 Less: Amount Paid: ( 0.00) Plus: Interest from August 10, 2010 to November 10, 2010 at the legal interest rate of 6.00% per annum 16.80 Attorney fees 0.00 TOTAL $ 1,295.78 I certify that Defendant, HOLLY BRULIA, last kn77n address is 14 ALTOONA AVE ENOLA, PA 17025. Dated: November 10, 2010 An, David J. Ap er, Esq. Attorney for Plat iff t OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: HOLLY BRULIA 14 ALTOONA AVE ENOLA, PA 17025 LVNV FUNDING, LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. HOLLY BRULIA Defendant NOTICE NO.: 10-5383 CIVIL Civil Action 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. XX JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION JUDGMENT FOR POSSESSION _ JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS ` JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esq. at this telephone number: 800-672-0215 Our File No.: 2673 80 APOTHAKER & ASSOCTATES,.P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff LVNV FUNDING, LLC Plaintiff VS. HOLLY BRULIA Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5383 CIVIL Civil Action CERTIFICATION PURSUANT TO RULE 237.1 Pursuant to PA Rule Civil Procedure 237.1, I certify that a copy of the NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT has been sent to the Defendant or the Attorney of Record. 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. h ! e ! David J. Apothaker, Esq. Attorney for Plaintiff Dated: November 10, 2010 Our File No.: 267380 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 LVNV FUNDING, LLC VS. HOLLY BRULIA Plaintiff Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5383 CIVIL 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 14 ALTOONA AVE ENOLA, PA 17025. 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. /11 Mary M. Snavely-Dixon, Director of the our inquiry indicated that the Defendant(s) is/are r Data Center has sent back 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. Depuftnent of Ddeose Vvmpower Dina Ceatet NOV-10-2010 0738-11 Hears Status Report Arcot to the Somme Members 0A Reid Act Based lraara F+lrt ? Aa!>'r+s ? ltitrs ?!' dormdion BRt LSA HOLLY on 6e iaLotmttioe You ?e Berated, the DMDC does mat possess MY' a>siceaet Osn andrw?drd ?. t hme sca di t doe iaBeraaalmom due basics of the Depara®ert of Defaw Manpower Dan Carer, btsed on the i6oama9ea that Y'oa prodded,llte tmbovt a the cacrer>< status of tie iodiiwidwl as io at bradrulmes of the tsiamed 5enines (A?p. HasY. Marine Carp:, Air Farce. NOAA, Public Health, and Caaa+t Gnsrn. Mar)& -Umaa, Director DquKl mend of Dderae - Manpower Data ceder 1606 Wawa B$4, Salts 400 Asfiegpm,'VA 22269-2593 The Decease Manpower Dma Conan 4)MDQ is an orp eamm of to Depwaeeot ofT de se stmt maismas de Dde- Enrolment and Eiobay RepwMg System (DEERS) database ranch a the cm a source ofdata m eW -1 for missy medical are and odder e>itw spstans. The DoD swau* ss"arts itw emEa'cemeek of tar Service Members CrA Ralf Act (50 L"SC App- If 501 ct se% as amended) (SCRA) t known ss the SaWri mad Shots (7vi RefidAet of 1940)- DIM bras isswel l madteds of dammasls of "doer sea possess asy aiamdim o&uigtg dad the iadrvAW is cweody^ sop active dmAy' respoasm wed Las c pamwed a smell error talc. in the evert the cisiduat rdennced above, or my tam ily member, salaam, or sepreseeldrtim asserts p asst maasar that Yee iatdsviairal is an active deep, ter is odarrwid+t eslided b th¢ proeertiaes oithr SERA, pan err shormgly eocaraged too abtass fiaOsa vaaificawaea of 1Le person's ttapts by r Ott petsoa t Sa?ice via der ".ani Liiti. if you have eviclaxe doe parsaa k on active duty mod yon tai b obtei? this additional Service vesAcaeion, paaii&e provibcta of the SCRA maybe invoked agonst yon: See 50 LSC App §521(c). Ryou obtain W66onsi i6awaim about *e person (e.g, as SS1vi, improved waracy ofDOB, a mickio aweej you co =bean your request again at this Web site mid we wit providt a am cati6cate for that gxry. The response relleots acute, dusty stator mc6diog date the individual was last on active duty, fit was wdk &e prcce&g 36' daps. Fur hishx ai i ASma" , pies'e contact dr Service SCRA pomts-of-rnatacd lforsr imforswtiex on " e ire Aa+q Staters" A:?4 duty stems as reported s 16k cat teat is defined is accardawe with 16 USC § 101(4)(1) fix a period of more dims 30 comecadve days. is doe case of a ember of to Nrdional Guard, od Wes service tender a call to active service odhonzed by doe President oar the Sectetarp ofDelaase ke a period atom thou 30 coastaitive dm mder 32 VSC § 5020 for purposes cat' respoeciag to a s a6umt cmr%Vamcy declared by the President and supported by Federal Pans. Al Active Guard Reserve (AGR) members most be assipsrd against ao sadboozed mobr'irataao postilion a the trait they support This i dm&-s Navy TARs.'_ anne Caps ARs and Cow Go" RPAs_ Active Damp ttanrs also appies to a Untmmed Service member who is an act rv duty' commissioned officer of &e U, S, PaW Meeft Service or due 7+ ootW Oceanic and Au wspberic Ado misaasma (NOAA Qtumnsiooed Caps) for a period of mar that 30 conaceobve mars CorvrW Unrdtar tee SCP-4 it Rnw der in Samar Casts Coverage order die SCRA is brander as some casts and iocades some Categories afpersom an active duty for pmposes afdw SCRA sxto would not be repotted as an Activv Duty usher dis cerd6oat.. Many times orders we mmmded to crazed the pasod of achve duty, which would a?dicaad SCRA protections- Persovs sed6ng ter rdy oa this websee dxsd6caiott should daedc to make sate fie orders on which SCRA proweaoas are based brm a& been amended to extend the iodusive deans of service. Fnr*avaore, some protections of the SCRA may extend to persons who have recewed orders to report far active dap or to be ia&x*d, bat who brve cot actody bean active day or ac ualy vepoded for mdact+on. The Lad Date err Adive Doty entry is important because a number tdrprotections of SCRA exierd beload dot last do" dauive duty- Those Wlso would rep on this terWk to sae urged to seek qua lilied ko counsel to ensure that: at tuts gberwited to Service members wAm the SCRA are protected WAR14-Ma T1is certi6cdr was provided based an a some and SSN provided by the mpest er- Providng an eaamous now at SV4 wit came an erroneous cat"t to be provided. Report IIYITPDCDKCQO 267380 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING, LLC VS. HOLLY BRULIA ) To: HOLLY BRULIA 14 ALTOONA AVE ENOLA, PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-5383 CIVIL IMPORTANT NOTICE 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 OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 ASSOCIATION 34 S. BEDFORD ST. CARLISLE, PA 17013 717-249-3166 BAR DAVID J. A TH R, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff Attorney ID #38423 Date: October 26, 2010 Cc: LISA GREER ESQ