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Home My WebLink About10-4528Our File No.: 256241 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. ROBERT SHIMER 414 ALLENDALE WAY CAMP HILL, PA 17011-8408 Defendant. ZQ Q! -3 A 14 COURT OF COMMON PLEAS CUMBERLAND COUNTY( NO.: tb - N5dS C?V1l-T?r-rh 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 6D 01-oo Pa any C? 1878?g &aaysqS Out File No.: 256241 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. ROBERT SHIMER 414 ALLENDALE WAY CAMP HILL, PA 17011-8408 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 ROBERT 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 # ending in 6016; and said account was issued to Defendant(s) by GE CAPITAL/SAM'S CLUB, 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 $3,351.01. 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 $3,351.01 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & SO IATES, P Attorney r P ntiff / A Law Firm Enayae d i Debt C lecl Dated: 6/30/2010 Our File No.: 256241 BY: A/ Z David J. Apot cer, Esquire 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 relatirX to ?nswom falsification to authorities. David J Attorney for , Esquire DATE: 6/30/2010 LVNV FUNDING, LLC ROBERT SHIMER 414 ALLENDALE WAY CAMP HILL, PA 17011-8408 STATEMENT OF ACCOUNT Debtor's Name: ROBERT SHIMER Account Number: ending in 6016 Original Creditor: GE CAPITAL/SAM'S CLUB Balance Due: $3,351.01 Our File No.: 256241 EXHIBIT "A" SHERIFF, Ronny R Anderson ' Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIIClfOr S OFFICE OF CUMBERLAND COUNTY ~,~ FBI ~l.f ~ _,i n~~ ~$~~~titr ct ~u,r~6c~l~~~ , ~C ~ V , ~, ;; a~ ~~'Y ZfllO ~ls'~ 1 ,ih, @ C~~iCE ~~ ~~ r s~:RiF~ CUi~ ..~ ~~jh~ i ~ ..~ t",~, •^ ~lL~ ~t..- rll~~r. ~..> LVNV Funding, LLC vs. Robert W. Shimer Case Number 2010-4528 ERIFF'S RETURN OF SERVICE 07/14/2010 08:58 PM -Shawn Harr 2010 at 2050 hours, he defendant, to wit: Robe Camp Hill, Cumberland personally the said true son, Deputy Sheriff, who being duly sworn according to ,states that on July 14 served a true copy of the within Complaint and Notice, p the within named t W. Shimer, by making known unto himself per Hall , at 14 Allendale Way, County, Pennsylvania 17011 its contents and t ~s me me handing to him and correct copy of the same. WN HARRISON, DEPUTY SHERIFF COST: $41.50 July 15, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosoff inc. IN THE COURT.OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW LVNV FUNDING, LLC 15 SOUTH MAIN STEET STE 500 GREENVILLE, SC 29601 Plaintiff vs. ROBERT SHIMER 414 ALLENDALE WAY CAMP HILL, PA 17011 Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT & DEMAND FOR JURY TRIAL ~; ~~ ,~:, _,~ ,,.~ i ~: ~~ _~ AND NOW, this 29~' day of July, 2010 comes the Defendant Robert Shimer, in propria persona and files the within Answer to Plaintiff LVNV FUNDING, LLC's Complaint and in support avers as follows: 1. As to paragraph 1 of Plaintiffs Complaint Defendant admits that LVNV FUNDING, LLC is the named Plaintiff and has no reason to dispute the truth with respect to the stated address of Plaintiff. 2. As to pazagraph 2 of Plaintiff's Complaint Defendant admits the truth of the fact that ROBERT SHIMER is stated in Plaintiff s Complaint to be the named defendant and that he resides at the stated address. 3. As to pazagraph 3 of Plaintiffs Complaint Defendant upon reasonable inquiry and based upon information reasonably available at the time of this Answer Defendant is without sufficient information to form a belief as to the truth of the allegation that Plaintiff is the Assignee and Successor in Interest to the alleged GE CAPITAL/SAM'S CLUB account stated therein. 4. As to pazagraph 3 of Plaintiffs Complaint Defendant denies that GE CAPITAL/SAM' S CLUB is a creditor of Defendant and further denies that GE CAPITAL/SAM'S CLUB or anyone associated with that alleged original creditor loaned to Defendant any funds DOCKET No. I0-4528 CIVIL ACTION N ~- ~ 'C_' `~ O ~, - , ,~. -o -. ~~_ ~ti; W 4.,.3 --rT. (..,: 1 belonging to either GE CAPITAL/SAM'S CLUB or any entity associated with GE CAPITAL/SAM' S CLUB. 5. As to paragraph 4 of Plaintiffs Complaint Defendant denies that any alleged use of the account resulted in a debt of the Defendant to the alleged original creditor GE CAPITAL/SAM'S CLUB. 6. As to pazagraph 4 of Plaintiff's Complaint Defendant denies that the account cited in the complaint reflects any obligation on the part of Defendant to make any payment at all to GE CAPITAL/SAM'S CLUB. 7. As to paragraph 5 of Plaintiff s Complaint Defendant denies that the stated account is in default. 8. As to pazagraph 5 of Plaintiff's Complaint Defendant denies that the stated and alleged unpaid amount of $3,351.01 is due either to GE CAPITAL/SAM'S CLUB or to Plaintiff as the alleged assignee of GE CAPITAL/SAM'S CLUB. 9. As to pazagraph 6 of Plaintiff's Complaint Defendant upon reasonable inquiry and based upon information reasonably available at the time of this Answer Defendant is without sufficient information to form a belief as to the truth of the allegation that all credits have been applied to the alleged account listed on the one page document referred to as Exhibit "A" (apparently internally generated at some unknown time by Plaintiff j. 10. As to pazagraph 7 of Plaintiffs Complaint Defendant denies that he has failed to make any payments that are due to GE CAPITAL/SAM' S CLUB the alleged original creditor. DEMAND FOR JURY TRIAL 11. The Defendant Robert Shinier hereby demands a trial by jury in this instant case. WHEREFORE, Defendant Robert Shinier respectfully requests that the Complaint be dismissed. Dated this 29th day of July, 2010. Respectfully submitted, ert Shi er 2 VERIFICATION The Undersigned hereby states that he is the Defendant acting in propria persona and verifies that the statements made in the foregoing Answer are true and correct to the best of his knowledge, information and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: July 29, 2010. Robert Shimer, in propria persona 414 Allendale Way Camp Hill, PA 17011 (717) 506-0645 3 Robert 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 ROBERT SHIMER Defendant NO. 10-4528 Civil Action CERTIFICATE OF SERVICE I, Robert Shimer, the named defendant in the above civil action hereby certify that on July 29, 2010 I mailed a copy of Defendant's Response to Plaintiffls Complaint, Verification and this Certificate of Service by Certified Mail No. 7009 3410 0001 5604 9971 Return Receipt Requested to: David J. Apothaker, Esq., Attorney for Plaintiff Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Dated: July 29, 2010 Robert Shimer Our File No.: 256241 APOTHAKER & ASSOCIATES, P.C. BY' 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. ) ROBERT SHIMER ) Defendant. ) -vz MM M rte. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-4528 CIVIL TERM PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & Alinebt TES, P.C. Attorneys ftiff A Law Firm Engage Collection By: David J. Apothaker, Esquire Dated: 1/11/2011 Q innaimui C?.7 .C- -a