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Home My WebLink About09-0169 Our~'ile No.: 185632 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney LD.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. ALISON E SHIMER 414 ALLENDALE WAY CAMP HILL, PA 17011-8408 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY 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 7I 7-249-3166 Our•File No.: 185632 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 LVNV FUNDING, LLC c/o Apothaker & Associates, P.C 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 6 Q . 0 / L ~ l~ ~tc.w-- ALISON E SHIMER 414 ALLENDALE WAY CAMP HILL, PA 17011-8408 Defendant. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING, LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are ALISON E SHIMER, an adult individual residing at 414 ALLENDALE WAY CAMP HILL, PA 17011-8408. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account #6035320152217517; and said account was issued to Defendant(s) by HOME DEPOT, 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 $14,381.68. 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 $14,381.68 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ~S~CIATES, P.C. Attorney or amtit A Law Firm Eng ed ' Debt BY: Dated: 1 /6/2009 David J. Apd~aker, Esquire Our File No.: 185632 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. undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. to unsworn falsification to authorities. David J. Apo~ii cer, Esquire Attorney for Plaintiff DATE: 1/6/2009 Current Owner: LVNV Funding LLC Original Creditor: Home Depot Previous Owner: Citibank Statement Closing Date: 9/12/2008 12:00:00 AM LVNV Purchase Date: 04/29/2008 Account Origination Date: 05/30/2004 Alison Shimer ***-**-5399 PO BOX 489 NEW CUMBERLAN, PA 17070 Account number 6035320152217517 Owing Collected Balance Principal $ 13,072.95 $ - $ 13,072.95 Interest ~ - $ $ _ $ Atty Fee $ - - $ $ _ _ $ Misc Cost $ New Balance S 13,072.95 ~ - S 13,072.95 TRANSACTIONS Amount Transaction Date Descri tion This statement is not an original. This statement has been generated on behalf of LVNV Funding LLC, account owner. rw -6A- `~~ -r.~ c. = c... ~ oo ~' ~" ` ~ ~- ~ ;,` s~ a .~ ;..... ~ ~~ ~-~ ~ ~ ~~ ~~ ~ ~ ~ ~ ~ 0 #2s CITIFINANCIAL SERVICES, INC.,: IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. MONA PENSINGER, NO.2009 - 0169 CIVIL TERM Defendant V. CITIFINANCIAL SERVICES, INC.,: CIVIL ACTION -LAW Counterclaim Defendants IN RE: PLAINTIFF'S PRELIMINARY OBJECTIONS BEFORE GUIDO, MASLAND, JJ. ORDER OF COURT AND NOW, this 24TH day of FEBRUARY, 2010, after reviewing the record, the plaintiff s preliminary objections in the nature of a demurrer to defendants' counterclaim is OVERRULED and the plaintiff is directed to answer the counterclaim within twenty (20) days. By the , Edward E. Guido, J. ./Martin C. Bryce, Jr., Esquire Alexandre N. Turner, Esquire Mona Pensinger 32 Airport Road Shippensburg, Pa. 17257 Court Administrator :sld 1 ~s n1.c3 ~ a~~4`r~ ~~ n ~- -- ~~ -r, --~ ~~ _ ~ ~, ; ;. -~ : ~ _ ~~ {y \ 1 '- -i'! .. ~ ~.. C.~ r Our File No.: 185632 LVNV FUNDING, LLC ) Plaintiff ) vs. ) } ALISON E SHIMER ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-01.69 Civil Action PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE~JUDGES OF SAID COURT: t~ ~ Q , _, ~._ v _ ,, --~ ;:- (x~ ,_ ~ V' _T-: ~~~~r U, ~~ f `-~ ~_ ~,~ .. ~ - ..; r . , :c .. 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 $14381.68. The following attorneys aze interested in the case as counsel or are otherwise disqualified to sit as azbitrators: For Defendant For Plaintiff Benjamin J. Cavallazo, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorne for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) azbitrators to whom the case shall be submitted. July 28, 2010 ORDER OF COURT ;squire AND NOW, , 20 , in consideration of the foregoing petition, Esq., and Esq., and Esq., aze appointed azbitrators in the above captioned action as prayed for. By the Court, 4a~.oo Pp ATr~ e~' ~qa~a ~~ a~1~4~oa Alison Shimer, in propria persona 414 Allendale Way Camp Hill, PA 17011 (717) 506-0645 FILED-OFFICE v OF THE PPOT130S0TAR 2311 JkN 21 FM 2' 11 CU PEA y1.V'k jA i r LVNV FUNDING, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs NO. 09-0169 Civil Action ALISON E. SHIMER Defendant MOTION FOR CONTINUANCE OF SCHEDULED ARBITATION HEARING Defendant Alison E. Shinier, respectfully moves for the grant of a continuance with respect to the time set for arbitration of this matter pursuant CCRP 1301-1. Defendant respectfully submits the following reasons for the grant of this motion and proposed Order in support of her motion. 1. Plaintiff (as the purported assignee of an alleged creditor of Defendant) began this civil action almost two years ago by filling a civil complaint with the Court on January 14, 2009. 1 2. The Complaint attached no original documentation from the alleged original creditor but just a one page document internally generated and printed by Plaintiff. 3. Defendant filed a timely answer on February 2, 2009 denying that Plaintiff's assignor was a creditor of Defendant, and among other things denied that the alleged amount was due and owing. 4. On March 5, 2009 Defendant initiated discovery and forwarded by certified mail return receipt requested to Plaintiff a First Set of Interrogatories, a First Set of Request for Admissions and a First set of Request for Production of Documents. 5. Plaintiff received that request for initial discovery on March 9, 2009 as indicated by the return receipt card now in Defendant's possession. 6. Plaintiff failed to respond to Defendant's Request for Admissions within the required 30 days. Plaintiff attempted to hide that fact by apparently removing the date of actual mailing from the Hasler office mailing machine that imprinted the postage on the letter enclosing Plaintiff's response to those first Requests for Admissions in violation of U.S. Postal regulations. U.S. Postal regulations require require that all first class envelopes imprinted with postage by an office mailing machine must be imprinted with the date of mailing. (Exhibit #1) 7. By letter dated April 16, 2009 Plaintiff purported to "supplement" Defendant's request for Production by providing documentation that reflected only prior balance summaries without the listing of any specific charges that purportedly comprised the alleged balance due. 8. Plaintiff never responded to Defendant's First Interrogatories. 9. Plaintiff filed a Praecipe for Appointment of Arbitrators dated July 28, 2010 without notice to Defendant. This document was filed in the Prothonotary's 2 office on August 18, 2010 and on August 23, 2010 the Court ordered the appointment of arbitrators. (Exhibit #2). 10. By letter dated September 2, 2010 (Exhibit #3) Defendant sent to Plaintiff a letter by certified mail return receipt acknowledging the receipt of the court ordered arbitration. In that same letter Defendant summarized and chronicled Plaintiff's continued unwillingness to fully comply with properly served discovery. 11. By letter dated December 21, 2010 (Exhibit #4) Charles E. Haddick, Esq. informed Defendant and Plaintiff that the arbitration had been scheduled for the date of February 9, 2010 in the Cumberland County Old Courthouse, 2nd floor Hearing Room. 12. By letter dated December 29, 2010 (Exhibit #5) Defendant replied advising Mr. Haddick of two compelling reasons why a continuance of the scheduled arbitration should be granted. 13. The first reason given by Defendant for the grant of a continuance with respect to the scheduled arbitration was the fact that the dates of travel of a previously scheduled out-of-state trip by Defendant conflicted with the scheduled date for arbitration. 14. The second reason given by Defendant for requesting a continuance in the present civil matter 09-0169 was that on December 21, 2010 Defendant filed a Motion for Summary Judgment in a separate but similar matter identified as Civil No 08-5787. 15. A praecipe For Listing Case For Argument in that separate by similar matter No 08-5787 was filed by Defendant with the Court on January 3, 2011 (Exhibit #6). 15. That separate but similar matter identified as Civil No 08-5787 was previously pursued against Defendant by the same law firm of Apothaker & Associates, PC of Mt. Laurel New Jersey. 3 16. Defendant's motion for summary judgment was initiated by reason of the fact that a hearing was held by the Court in that separate but similar matter No 08-5787 on October 14, 2010 on Defendant Shimer's Motion to Compel discovery and an associated Petition by Defendant to dismiss with prejudice. 17. The Court issued an order in that separate by similar civil matter No 08- 5787 dated October 14, 2010 filed in the Prothonotary's office on October 19, 2010 (Exhibit #7). That order required Plaintiff to produce specific further documentation of the alleged debt within 45 days of the order. 18. Plaintiff failed to produce the required documentation within the time period required by the Court. 19. The attorneys for the Plaintiff in that separate by similar matter No. 08- 5787 are the same attorneys in the present matter now before the Court. 20. The remedy of summary judgment if granted by the Court to Defendant in that separate but similar civil matter No. 08-5787 would possibly be of significant benefit to the arbitrators in the current matter. 21. Oral argument with respect to Defendant's motion for summary judgment in the separate but similar civil matter no 08-5787 will not be heard by the Court until February 18, 2011, at the earliest. 22. By letter dated January 12, 2011 (Exhibit #8) Mr. Haddick advised Defendant that the arbitration panel believed that she had presented sufficient grounds for the grant of a continuance in the present matter but that thq arbitration panel did not appear to have the authority to grant a continuance under Pa R.C.P 1303(b). 23. Mr. Haddick's enclosed letter of January 12, 2011 further advised Defendant that her request for continuance should be directed to the Court of Common Pleas. 4 . . 24. Defendant, therefore, has filed this timely motion with the Court requesting a continuance with respect to arbitration until such time as the Court rules upon Defendant's now pending motion for summary judgment in the separate but similar matter bearing Civil No 08-5787. 25. Defendant, therefore, respectfully moves the Court for the grant of a continuance of arbitration in the present matter until such time as the Court rules upon Defendant's motion for summary judgment in the separate by similar matter identified as No 08-5787 and Defendant further moves for an order empowering the panel to set a time for arbitration of the current matter that will be convenient for the arbitration panel in either the month of March or April, 2011. Dated: Friday January 21, 2011 Respectfully submitted, r Alison E. Shimer 5 Exhibit #I UNITEDSTATES POSTAL SERVICE April 20, 2009 To whom it may concern: These are the date regulations for customers using meters to apply postage to first class mail as per the DMM. 4.5 Mailings 4.5.1 Mailing Date Format The mailing date in meter indicia must meet the format standards in this section. The year must be represented by all four digits or by the last two digits. Mailers may print the indiaa directly onto mailpieces or onto separate labels or tape affixed to mailpieces. The mailing date format used in the indicia is also subject to the following conditions. a. Complete Date. Mailers must use a complete date for the following: 1. All First-Class Mail, Priority Mail, and Express Mail pieces. 2. All mailpieces with Insured Mail, COD, or Special Handling service. 3. All mailpieces prepared with the indicia printed on nonadhesive paper (e.g., computer printer paper) and affixed to the mailpiece or used as part of an insert in a window envelope. b. Month and Year. Mailers may use a complete date or a mailing date consisting solely of the month and year in the indicia only for Standard Mail and Package Services pieces. c. No Date. Mailers must use indiaa with no mailing date for prepaid metered reply postage. As an option, mailers may use indicia with no mailing date for Standard Mail and Package Services pieces not subject to 4.5.2a. 1675 CAMP HILL BYPASS CAMP HILL PA 17011-9898 PH. 717-737-1461 FAX: 717-737-0135 f Exhibit #2 Our File No.: 185632 LVNV FUNDING, LLC ) Plaintiff ) VS. ) ALISON E SHIMER ) Defendant ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r, NO.: 09-0169 Civil Action 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 $14381.68. 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. July 28, 2010 ORDER OF COURT ;squire AND NOW, ??•? &f , 20&_, in consideration of the foregoing petition, 1ULPkAl. /'? 13 L Esq., and J t r s ?,.? J ".') Esq., and Esq., are appointed arbitrators in the above captioned action as prayed for. By the Court, Exhibit #3 Alison Shimer 414 Allendale Way Camp Hill, PA 17011 September 2, 2010 Benjamin J. Cavallaro Esq. Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Dear Mr. Cavallaro: Re: LVNV Funding, LLC v. Alison E. Shimer 09-0169 I am finally in receipt last week of the praecipe that you filed with the Court dated July 28, 2010 without any notice whatsoever to me on behalf of your client LVNV Funding, LLC requesting the appointment of arbitrators in the above referenced civil matter. Please be advised that I find it offensive and unprofessional that the only notice I received that you had filed such a praecipe for the appointment of arbitrators was when I was advised of that filing almost a month later by the Court. As you know, the Court has established a hearing time and date of 3:00 PM on October 14, 2010 in Courtroom No 1 for my pending motion seeking the imposition of the sanction of dismissal with prejudice against your other client Portfolio Recovery Associates, LLC for your consistent and repeated failure to respond to properly served discovery in the separate matter identified as Civil Action No. 08-5787. Please be advised that your apparent attempt to now seek arbitration in the present matter to avoid a similar motion for imposition of sanctions does not relieve you of the consequences of your client's repeated failure to respond to proper discovery. You and your client have demonstrated a repeated and consistent willingness to ignore proper discovery. Please be advised that arbitration of the present matter should not relieve you of scrutiny similar to that which the Court is apparently willing to apply on October 14, 2010 to Civil Action No. 08-5787. Let's review your client's dismal discovery record in the current matter for the benefit of the appointed arbitrators. On March 5, 2009 your firm was properly served by Certified Mail No. 7008 2680 0002 4736 7221 return receipt requested with my First Set of Interrogatories, First Set of Request for Admissions and First Set of Requests for Production. During the first meeting with the arbitrators I will provide each attorney with a copy of all of that properly served initial discovery. Reg riling my Set of First Interrogatories: It has been 15 months since you were served with my first set of Interrogatories in the present matter. I am still waiting for any response whatsoever to that particular discovery received by your firm on March 9, 2009. 1 look forward to your explanation during our first meeting with the Arbitrators when I will ask you to explain why your client feels that it is entitled to completely ignore properly served Interrogatories. Since your client is the assignee of the alleged original creditor there will obviously be no one at that first meeting with the arbitrators who has any direct knowledge whatsoever of the dubious civil claim you seem so intent on pursuing on behalf of your client. Regarding my Second Set of Interro ries: On May 8, 2009 I reminded Ms Kimberly Scion of your office by Certified Mail No 7007 2680 0002 4736 7245 Return Receipt Requested that I had not received a response to my first set of Interrogatories. I also enclosed with that May 8, 2009 letter a Second Set of Interrogatories that addressed the apparent willingness of your office to obscure the fact that you failed to respond to my First Set of Request for Admissions within the required 30 day time period. Both sets of Interrogatories remain unanswered to this day. Regarding my First Request For Production of Documents: The allegation contained in your complaint that I owe your client the sum of $14,381.68 was supported only by an attached one page document apparently internally generated by your client. Since your client is not the alleged original creditor, any documentation "created" by your client is hardly credible documentation of the alleged debt. By letter dated April 16, 2010 you responded to my detailed and specific First Request For Production of Documents by providing two cryptic pages and a third page of advertising that refer to an alleged "new balance" of 57,755.22 with absolutely no documentation to support the accuracy of that amount. Nor is there any explanation by anyone how that lower amount has suddenly morphed into $14, 381.68. Re ding my Second Request for Production of Documents: My above referenced letter to Ms Scion dated May 8, 2009 specifically noted the deficiencies in your response to my first Request for Production and enclosed a Second Set of Requests for Production which you have never acknowledged and to which your client has never responded. Therefore, at the present time it must be assumed that your client's only "documentation" of the alleged debt is a one page document your client internally generated and a three page computer generated document consisting mostly of advertising that has not been authenticated by anyone. We have absolutely no way of discovering whether the second page of your document containing an advertisement for "The Strongest, Safest, Most Versatile Ladder in the World" and a third page of advertising was generated at the prompting of a human being or whether it was spontaneously generated by a computer. You have been given ample time to provide the documentation requested and it is reasonable to now assume that any documentation that would establish the accuracy and the legitimacy of the alleged debt simply does not exist. Regarding MY First Request For Admissions: The Pennsylvania Rules of Civil Procedure, specifically Rule 4014(b) states that properly served admissions are admitted if they are not responded to within 30 days of service of the request for admissions. Your client failed to respond to my first set of request for admissions within the required 30 day period of time and your office apparently attempted to hide or cover up that fact by omitting the mailing date from the envelope 2 that contained your response to my First Set of Request for Admissions. All admissions requested in my First Set of Request For Admission are now taken to be true. And that is the first point I shall make to the appointed arbitrators. Your firm and your client have demonstrated a continued contempt and repeated disregard for legitimate discovery. The remedy that I have requested in Civil Action No 08-5787 shall be the same remedy I shall request of the arbitrators in the present matter. Sincerely, Alison E. Shimer Certified Mail No. 7009 3410 0001 5604 9995 Return Receipt Requested 3 Exhibit #4 817901.doc Charles E. Haddick, Jr. Attorney-at-Law Admitted in PA December 21, 2010 Kim Scian 1p:,tl,aker & Associates,l'.C. 520 Fellowship Road # C306 Mt. Laurel, NJ 08054-3410 Alison E. Shimer 414 Allendale Way Camp Hill, PA 17011 RE: LVN Funding v. Shimer Docket No.: 09-0169 Our File No.: (0706) Dear Attorney Scian and Ms. Shimer: Direct Dial: 717-731-4800 Direct Fax: 717-731-4803 chaddick@dmclaw.com Please allow this letter to advise that we have scheduled the arbitration in the above- referenced matter for February 9, 2011 at 11:00 a.m. The arbitration will take place in the Cumberland County Old Courthouse, 2"d Floor Hearing Room, 1 Courthouse Square, Carlisle, PA. Very truly yours, ?kWKJE, MCCAMEY & CHILCOTE, P.C. Charles E. Haddick, Jr. CEH/kao cc: Susan Hartman, Esquire 1 Irvine Row Carlisle, PA 17013-3019 Queena Baumbach, Esquire Perry & Baumbach, P.C. 1035 Mumma Road Suite 201 Wormleysburg, PA 17043 DUIE, WAMEY & (HILCOTE, P.C. ( ATTORNEYS AT LAW MAIN: 711-731-4800 FAX:117-131-4803 Pittsburgh I Harrisburg I Philodelphio I Washington, D.(. I Delaware NO 21, SUITE 302 1425 NORTH 21 S' STREET I CAMP HILL, PA 17011-2273 1 WWWBAC AW.COM New Jersey I North (orolino I Ohio I West Yrginia Exhibit #5 Alison Shimer 414 Allendale Way Camp Hill, PA 17011 December 29, 2011 Charles E. Haddick, Jr., Esq Dickie McCamey & Chilcote, P.C. 425 North 21 S` Street Plaza 21, Suite 302 Camp Hill, PA 17011-2223 Dear Mr. Haddick: Re: LVNV Funding v. Shinier 09-0169 [Your File No: (0706)] I am in receipt of your letter dated December 21, 2010 advising me of the scheduled date for the arbitration hearing with respect to the above referenced matter. I am writing to request a continuance of the arbitration hearing for two separate reasons. The first reason is that I have a previously scheduled out-of-state trip that requires my absence from the State of Pennsylvania for the first part of February. My dates of out-of state travel conflict with the scheduled hearing date of February 9, 2011. My travel plans cannot be cancelled or changed. There is a second and equally compelling reason to continue the scheduled arbitration hearing for any day and time in March or for any day and time in the month of April (other than the first week of April). I recently filed a Motion for Summary Judgment (see copy attached) on December 21, 2010 in a civil matter similar to the one now assigned to you and your colleagues for arbitration. That similar matter was also pursued by the same law firm Apothaker & Associates P.C. (Portfolio Recovery Associates, LLC v. Alison Shinier Docket No. 08-5787). A Praecipe For Listing Case For Argument (copy attached) will be filed with the Court on January 4, 2011 requesting an argument date of February 18, 2011 for that dispositive motion. I will return home in sufficient time from my early February trip to be available for oral argument in that matter. My recent motion for summary judgment in that other but similar "alleged debt" recovery matter of Civil No. 08-5787 is likely to be granted by reason of the fact that a hearing was ordered by Judge Oler and held on October 14, 2010 with respect to my previous Motion to Compel discovery as well as a related Petition to Dismiss with Prejudice. My Motion to Compel in 08-5787 was necessitated by a repeated lack of response to properly served discovery by Apothaker & Associates and its client Portfolio Recovery Associates. Plaintiffs attempt to avoid a similar Motion to Compel and a similar disfavomble outcome was apparently its primary motivation for seeking arbitration in the present matter. Apothaker & Associates is a boiler room operation that apparently takes a "shot gun" approach to debt recovery and files civil lawsuits regardless of whether or not a particular alleged debt can be proven to exist according to the rules of evidence required by a court of law. I trust similar rules of evidence are equally applicable to air arbitration hearing. In the 08-5787 matter Judge Oler, by Order dated October 14, 2010 (copy attached), gave Apothoker & Associates and its client Portfolio Recovery Associates 45 days following the date of that October 14, 2010 hearing (which members of Apothaker & Associates failed to attend) to produce further specific evidence of the alleged debt. The ordered specific documentation was never produced. Judge Oler's Order indicated his willingness to entertain my motion for summary judgment if the documentation repeatedly requested of the Plaintiff during discovery and then ordered by the Court was not forthcoming. The pattern of deliberate refusal to comply with legitimate discovery so obvious and evident in the 08-5787 matter has also been repeated in the current matter now scheduled for arbitration. Attached for your review is a copy of my certified return receipt letter to Mr. Benjamin Cavallaro of Apothaker & Associates, P.C. dated September 2, 2010 (sent after I finally received notice the current matter was ordered for arbitration) in which I summarized his firm's dismal response to repeated attempts on my part to secure specific information and documentation through discovery. The remedy of summary judgment (if granted by the Court in 08-5787 after oral argument on February 18, 2011) would be significant precedent for the benefit of all arbitrators with respect to civil matter 09-0169 (your file no. 0706). My enclosed September 2, 2010 letter highlights the inadequate documentation provided to date by Apothaker & Associates and LVNV Funding, LLC to substantiate the alleged debt. Mr. Cavallaro or Ms Scian or whoever else may decide to appear at the arbitration hearing should be required (as in the 08-5787 matter) to produce further documentation from LVNV Funding, LLC's assignor to corroborate and support the accuracy of the alleged amount owed. A continuance would provide Plaintiff: with such necessary and additional time as might be necessary to produce documentation similar to that which the Court demanded in 08-5787. Absent the production of adequate additional documentation to support and confirm the accuracy of the amount allegedly owed Plaintiff's assignor, the current 09-0169 matter should receive a disposition similar to that which is reasonably expected in 08-5787. In light of all of the above, a continuance until my dispositive motion in 08-5787 is decided by the Court certainly seems appropriate and reasonable and would be greatly appreciated. Sincerely, Alison AE. Shimer cc: Susan Hartman Esq. 1 Irvine Row, Carlisle, PA 17013-3019 Queena Baumbach, Esq. 1035 Mumma Road., Suite 201, Wormleysburg, PA 17043 Kim Scian, Esq (via Certified Mail No. 7008 3230 0000 3708 2551 Apothaker & Associates, P.C. 520 Fellowship Road #C306, Mt. Laurel, N.J. 08054-3410 2 Exhibit PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (orttire caption must be stated in hill) PORTFOLIO RECOVERY ASSOCIA FES. LLC, Plaintiff vs. ILISON SHINIER, Defendant No. 08-5787 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Benjamin J. Cavallaro, Esq. andtor Kimberly F. Scian,Esq. and/or David J. Apothaker, Esq (Name and Address) Apothaker & Associates, 520 Fellowship Road 0306, Mount Laurel, NJ 08054 (b) for defendants: on Shimer, in propria persona (Name and Address) 414 Allendale Way, Camp Hill, PA t701 1 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Fcbruary 18, 301 1 SP nature ?i Print your narne .1lison Shimer, in propria persona Date: January 4, 2011 Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument 2. The moving party shall file and serve their brief 12 days prior to argument 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be flied with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. Exhibit #7 PORTFOLIO RECOVERY IN THE COURT OF COMMON PLEAS OF ASSOCIATES, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW c w -" -O3 0 -? ? v i ? GO Cz rn ALI SON SHIMER, cn?' ?r,? Defendant 08-5787 CIVIL TERM rz o' IN RE: MOTION TO COMPEL & PETITION FOR DIES2 SAL o? ORDER OF COURT AND NOW, this 14th day of October, 2010, upon consideration of Defendant's Motion To Compel and Request for Imposition of Sanctions for Failure To Comply and of Defendant's Petition for Dismissal with Prejudice, and following a hearing held on this date, in which Plaintiff was represented by Robert L. Baroska, III, Esquire, and Jonathan W. Crisp, Esquire, and Defendant represented herself, it is ordered and directed as follows: 1. Defendant's Petition for Dismissal with Prejudice is denied; 2. Plaintiff is directed, within 45 days of the date of this order, to serve upon Defendant, with the customary form of verification for a discovery response, copies of statements pertaining to Bank of America Visa Card Account No. 5490 0900 1313 0719, and Portfolio Recovery Associates, L.L.C., Account No. 5490990997458326, listing all transactions and dates of such transactions by Defendant upon which the ultimate claim by Plaintiff against Defendant in this case is based; or, in lieu thereof, a verified response that such information is not in Plaintiff's possession and cannot be obtained by Plaintiff; and 3. Nothing herein is intended to preclude the filing of a motion for summary judgment by Defendant in the event that Plaintiff responds that it is unable to produce such information. By the Court, Robert L. Baroska, III, Esquire Jonathan W. Crisp, Esquire 3540 North Progress Avenue Harrisburg, PA 17110 For Plaintiff Alison Shimer, pro se 414 Allendale Way Camp Hill, PA 17011 :mae M)'1 ELI i o/f A) ? I ' 8278.3.doc Exhibit #8 N 4 (,r'Lli liff 0 Charles E. Haddick, Jr. Attorney-at-Law Admitted ir. PA January 12, 2011 Allison Shimer 414 A)lcnda?e %Vay Camp Hill, PA 17011 Kim Scian, Esquire Apothaker & Associates, P.C. 520 Fellowship Road #C306 Mt. Laurel, NJ 08054-3410 RE: LVNV Funding vs. Shimer Docket No.: 09-0169 (Cumberland County) Dear Counsel and Ms. Shimer: Direct Dial: 717-731-4800 Direct Fax- 717.731-4803 chaddick`ar drrclaw.com The Arbitrators are in receipt of Ms. Shimer's request for continuance of the hearing in the above matter, currently set for February 9, 2011. While the panel believes both Ms. Shimer's planned absence from the area and several outstanding legal issues including discovery disputes, potential dispositive motions, and possible consolidation of the above matter with a companion matter present sufficient grounds for continuance , the Arbitration panel does not appear to have authority to grant a continuance under Pa.R.C.P. 1303(b). Any requests for continuance, therefore, should properly be directed to the Cumberland County Court of Common Pleas, and the parties are encouraged to do so for the purposes of seeking any continuances, as well as a possible case status conference where the above issues can be raised and resolved by the Court. I am providing the appointing judge in the case, Judge Jler, with a copy of my note, along with Ms. Shimer's request, so that he is made aware that the parties may wish to make a request for continuance to the Court. DICKIE, MctAMEY & CHILCOTE, P ? ATTORNEYS AT LAW MAIN: 717-731 4800 FAX: 717-731-4803 PLAZA 71, SUITE 302 1 425 NORTH 21"STREET CAMP HILL, PA 17011-2223 1 WWW.VMCIAW.COM Pittsburgh I Harrisburg I Philadelphia i Washington, D.L I Deiawore New Jersey I North Carolina I Ohio I West Virginia January 12, 2011 Page 2 The hearing date is still far enough away, the panel believes, for the parties to seek the requested relief from the court. Very truly yours, DICKIE MCCAMEY & CHILCOTE, P.C. Charles E. Haddick, Jr. CEH/mas Alison Shimer, in propria persona 414 Allendale Way Camp Hill, PA 17011 (717) 506-0645 LVNV FUNDING, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs NO. 09-0169 Civil Action ALISON E. SHIMER Defendant CERTIFICATE OF SERVICE I, Alison E. Shimer, the named defendant in the above civil action hereby certify that on January 21, 2011, I mailed a copy of Defendant's Motion For Continuance of the date for arbitration, the Proposed Order and this Certificate of Service by Certified Mail No. 7008 3230 0000 3708 2575 return receipt requested to: Kim Scian, Esq., Attorney for Plaintiff Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Dated: January 21, 2011 Z ?(tkjt> A IAA'17,A Alison E. Shimer A Plaintiff Alison Shimer, in propria persona 414 Allendale Way Camp Hill, PA 17011 (717) 506-0645 r iLED-DE1= I"("'-i' TNc F'R0T1 GJC 11?Tl:P" 2011 FEB -8 Ply 3: 31 CUMBERLAND COUNTlY PENNI ;YLVANIA LVNV FUNDING, LLC vs NO. 09-0169 Civil Action ALISON E. SHIMER Defendant MOTION FOR THE COURT'S PREVIOUS SHOW CAUSE ORDER TO BECOME ABSOLUTE Defendant Alison E. Shimer, respectfully moves the Court to make its previous show cause order dated January 27, 2011 issued upon the Plaintiff absolute. Defendant respectfully submits the following reasons for the grant of this motion and proposed Order in support of her motion. 1. By letter dated December 21, 2010 Charles E. Haddick, Esq. advised both Plaintiff and Defendant that an Arbitration date of February 9, 2011 was set in this matter. February 9, 2011 is tomorrow. 2. By reply letter dated December 29, 2010 Defendant advised both Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY and the Arbitrators that she would not be available to attend the scheduled Arbitration by reason of the fact that a prior unavoidable commitment out of state prevented her from being present in Pennsylvania on February 9, 2011 and requested a continuance. 3. Defendant's letter dated December 29, 2010 to the Arbitrators further stated as an additional reason to grant her request for a continuance the fact that a motion for summary judgment was filed by Defendant in a similar but separate civil matter No. 08-5787 after Apothaker & Associates, P.C. (who also serve as legal counsel for the Plaintiff in the current matter) failed to provide additional document of the alleged debt in that separate matter as required by the Court following a hearing held on October 14, 2010 and, that by reason of that failure, there was a reasonable expectation her motion for summary judgment in the separate civil matter No 08-5787 might be granted. 4. Defendant further stated that a ruling by the Court in the separate civil mater No. 08-5787 may be instructive and helpful to the Arbitrators in the current matter because similar issues with respect to discovery and sufficient substantiation of the alleged debt exist in the present matter. 5. By letter dated January 12, 2011 Charles E. Haddick, Esq. informed Defendant that the Arbitrators did not feel they possessed the authority to grant Defendant's request for a continuance of the scheduled arbitration hearing and suggested that a motion for that relief should be filed with the Court. Mr. Haddick's letter further advised Defendant and Plaintiff that the Arbitrators believed that the reasons given by Defendant in her letter dated December 29, 2010 for requesting the continuance "...present sufficient grounds for continuance." 6. On January 21, 2011 Defendant filed with the Court a motion for continuance of that scheduled arbitration hearing citing the reasons stated in her previous letter dated December 29, 2010 and providing the Court with copies of all relevant correspondence between Defendant and Mr. Haddick. 2 7. On January 27, 2011 the Court issued a Rule upon Plaintiff to show cause why Defendant's motion should not be granted. 8. Plaintiff has failed to respond to the Court's Rule and has failed to provide the Court with any good reason why Defendant's motion for continuance should not be granted. 9. By letter dated today, February 8, 2011 (copy enclosed) Mr. Haddick informed the other arbitrators that arbitration of the present matter would stand in recess until the Court is able to rule upon Defendant's motion to make absolute the Court's rule issued upon the Plaintiff on January 27, 2011. 10. Defendant, therefore, respectfully moves the Court to make absolute the rule issued on January 27, 2011 and to grant the relief of continuance requested by Defendant's previous motion for continuance of the arbitration until such time as the Court decides Defendant's motion for summary judgment in the separate matter No 08-5787 now scheduled for oral argument on February 18, 2011. Dated: Tuesday, February 8, 2011 Respectfully submitted, ison E. Shimer by Robert W. Shimer, her attorney in fact 3 >i293.dx: Charles E. Haddick, Jr. Attorney-at-Law Admitted in PA February 8, 2011 VIA FACSIMILE Susan Hartman, Esquire 1 Irvine Row Carlisle, PA 17013-3019 Queena Baumbach, Esquire Perry & Baumbach, P.C. 1035 Mumma Road Suite 201 Wormleysburg, PA 17043 RE: LVNV FUNDING, INC. Docket No.: 09-0169 Our File No.: (0706) Dear Attorney Hartman and Attorney Baumbach: Direct Dial: 717-731-4800 Direct Fax: 888-811-7144 chaddick@dmclaw.com It is my understanding that the Court has issued a rule to show cause on the Plaintiff why the Defendant's request for relief in the form of a continuance should not be granted. It is also my understanding that the Defendant has or will take action to make the rule absolute. The arbitration hearing scheduled for tomorrow will, therefore, stand in recess to allow the Court sufficient time to adjudicate the above. Very truly yours, DICKIE, MCCAMEY & CHILCOTE, P.C. Goo Charles E. Haddick, Jr. CEH/mas cc: Court Administrator Kim Scian, Esquire Alison E. Shinier - N ILt_ DICNE, Nk{AATEY 8 CHIILOTE, P.C. I ATTORNEYS AT lAW MAIN: I17-73148M FAX 888-811-7144 Mhurgh I Roahloo I M:lede* I W.shiss W, D.C. I Delow n PlA1A 21, SURE 302 1425 NORTH 21 ss STREET I CAMP HU PA 17011-2223 1 WWW.DNCUW.COM New Jam I North Casokno I Ohio I West tq #* Alison Shimer, in propria persona 414 Allendale Way Camp Hill, PA 17011 (717) 506-0645 LVNV FUNDING, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs NO. 09-0169 Civil Action ALISON E. SHIMER Defendant CERTIFICATE OF SERVICE I, Alison E. Shimer, the named defendant in the above civil action hereby certify that on February 8, 2011 my husband Robert W. Shimer, acting for and on my behalf as my attorney in fact did fax a copy of Defendant's Motion To Make the Court's Rule Absolute, Proposed Order and Certificate of Service all dated February 8, 2011 to: Kim Scian, Esq., Attorney for Plaintiff Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 757-4928 Dated: February 8, 2011 Alison E. Shimer By Robert W. Shimer Her attorney in fact LVNV FUNDING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ALILSON E. SHINIER, Defendant NO. 09-0169 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR THE COURT'S PREVIOUS SHOW CAUSE ORDER TO BECOME ABSOLUTE ORDER OF COURT AND NOW, this 9th day of February, 2010, upon consideration of Defendant's Motion for the Court's Previous Show Cause Order To Become Absolute, and it appearing that the motion has been submitted on behalf of Defendant "by Robert W. Shimer, her attorney in fact" and that the arbitration has in fact been continued by the Board because of the pendency of Defendant's motion for a continuance, inter alia, it is ordered and directed as follows: 1. Defendant's motion to make the rule absolute is stricken as representing an unauthorized submission on behalf of a party by a person who does not purport to be a licensed attorney in Pennsylvania;1 2. The Rule issued by this court on January 27, 2011, is discharged; and 3. The Board of Arbitrators is directed to proceed expeditiously to a hearing on the merits of this case, without further delay for thq-, convenience of Defendant or a resolution of a motion for summ --n F` judgment in another case involving Defendant. c? BY THE COURT .i C) C 3 1`. esley O er, r, J. ' Mr. Shimer was previously denied permission to represent Defendant in another case. See Order of Court, October 7, 2010, Portfolio Recovery Associates, LLC v. .S'himer, No. 08-5787 Civil Term (Cumberland County). Benjamin J. Cavallaro, Esq. Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Attorney for Plaintiff ? Alison Shimer 414 Allendale Way Camp Hill, PA 17011 Defendant, pro Se ?Charles Haddick, Jr., Esq. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Arbitration Chairman ? Susan Hartman, Esq. 1 Irvine Row Carlisle, PA 17013 Arbitrator ?Queena S. Baumbach, Esq. 1035 Mumma Road Suite 201 Wormleysburg, PA 17043 Arbitrator L.Wr OKI rc Our File No.: 185632 APOTHAKER & ASSOCIATES, P.C. P,j?: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff LVNV FUNDING, LLC Plaintiff, VS. ALISON E SHIMER Defendant. F11 `D GFFI CF Cti i } wt;? i :v-11 FER 18 PM 12: A n n!Ce?7 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-0169 } PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & Attorney: A Law Firm Eno By: Dated: 2/11/2011 TES, P.C. Debt Collection David I-Apothaker, Esquire 111111111111111 LVNV FUNDING, LLC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW C") ' ._ VS. NO. 09-169 CIVIL zrn A. ALISON E. SHIMER, cnA ?' Defendant ORDER AND NOW, this day of April, 2011, the appointment of a Board of -t Arbitrators in the above-captioned case is VACATED. Charles E. Haddick, Jr., Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, /Charles E. Haddick, Jr., Esquire / Court Administrator -in bin led Copy, /.1 o?d Am