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Home My WebLink About00-01262 VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST SELECT CORPORATION Plaintiff ~ VS. ~c1Jr7!V ---I dvG..{ . ~ KENNETH L. FRA~R / Defendant NO. NOTI CE 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 an 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 other claims 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. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. jcl,. -.- , t,' ~I"" ", VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION 5040 JOHNSON DRIVE PLEASANTON, CA 94566 PLAINTIFF VS KENNETH L. FRAKER 120 Walnut Bottom Road Shippensburg, PA 17257-9601 DEFENDANT NO. ~(rfT() - /;L (,,2 ~ --- /.......... CIVIL ACTION 1. FIRST SELECT CORPORATION, an organization domiciled at 5040 JOHNSON DRIVE, PLEASANTON, CA 94566, ,and existing under the laws of the United States of America, is the owner of a credit account opened at the request of the Defendant. 2. The Defendant is KENNETH L. FRAKER, an individual who resides at 120 Walnut Bottom Road, Shippensburg, PA 17257-9601. 3. The Defendant is indebted to Plaintiff on the credit account by virtue of charges or cash advances incurred by the Defendant or authorized by the Defendant on a credit card or line of credit owned by the Plaintiff bearing account number 4168100001230430. ,~,__"_~~ _' _ -, 8.- __ . . ' -.r, ' - 4. The terms of said account are stated in the documentation attached hereto as Exhibit "A." 5. The Defendant has failed to pay the amount owed in accordance with the account agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $5,657.72 as of 02/01/2000, plus pre-judgment contractual interest at the rate of 23.90% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $1,131.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT CORPORATION, and against the Defendant in the amount of $5,657.72, plus pre-judgment interest at the contractual rate of 23.90% per annum from 02/01/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,131.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. ,,- "- " -, c- ~"d - -~ c' _. ~__ - -',j;' ,. 12. It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT CORPORATION, and against the Defendant in the amount of $5,657.72, plus pre-judgment interest at the contractual rate of 23.90% per annum from 02/01/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,131.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERI PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~, .~ ._n" ,_. -~ . _",e_ --J-, <".' C , . .' .. .. i I: ! 1 I I 1,1 i, !I", I, VERIFICATION JILL PULLIAM , declare that as of December 30, 1999: I am a designated agent of FIRST SELECT CORPORATION, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in the State of California. c~ Designate gent ' . --r__ "~ -, ~ ,-- - - , lJ ..,.. -r F1RST SELECT c ,Q. R. IT 0 RAT 1 0 ,~ ACCOUNT AGREEMENT '(our W~Hs Fargo'account hasot:en tnnsfm-ed to Fir:it Select Corporation. '(our Wells fargo account was closed at che cime of this transfer, and will therefore: continue to be closled. This AJ..-count Agreement contains Ute terms that govern your First Select account (the '0 Account"). In this AgreemenL. "you" and "vour" menn e:ach person who is liu.ble for payment on the Account. "We," "our," "ours," and "us" mean First Select Corporation or its assignees. Becuse your \ccoum has been tranSferred to us, you are now obligated to repay me Account to us instead. of Wells Fargo. If the Account was opened as a joint account.. we may ilct on the instructions of any joint accounthotder. . Payments I Finance Charges. As long ilS you have a balance outstanding on your Account, finance charges Jre Qlculated as follows: To figure the fmance charges for each biUing cycle. we multiply the a,Ver.l.ge daily balance on your Account by 3. daily periodic race. The daily periodic l1lte we a.pply is your Account's Annual Percentage Rate divided by 365. The ."'-MUllI Percentage Rate will be ca!cul.ated as disclosed in your most recent Wells Faro-o account terms (the "Original T~"). If your Original Terms provided for different Annual Percentage Rates t9 be applied to different components of your '" outstllnding balance. we will apply the lowest such Annual Percentage ~ to your entire outstanding balancl:. We may accept U1te or partial payments. or payments marked "paid in fuU" or marked with other restrictions., without losing our right to collect aU amounts owing under this AgreemenL . Fees. We will charge your Account a fee for w:h billing cycle within which your Account is delinquent (late charge). The amount of the lale charge will be as disclosed in your Original Terms or the ma:cimum late charge permi.tted by the law of your state: of residence. whichever is lower. We will charge your Account a fee for each returned paj111ent check. (rettlmed check cbarge). The amount ofm.: re<t.lmed ctIeck charge will be as disclo.sed. in your Original Terms. or the maximum returned check charge pennitted by the law of your state of residence. which~ver is lower. Non-Waiver of Certain Rights. We may delay or waive enforcement of any provision of chis Agreement y,ithout losing our right to enforce it Or any oilier provision later. . App661ble Law; Seyerability; As3ignment. No matter where you live, this Agreement and 'your Account are governed by federal law and by the law oftbe stale designated as the applicable law in your Original Terms. lfyour Original terms did not contain an applicable law provision., then this Agreement and your A..ccowtt are governed by federal law and the law ofyout stale of residence. This Agreement.is a. final e.~ression ofIbe agreement between you and US and ma.y not be COntradicted by evidence of any alleged orul agreement If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform to applicable law, and the rest of the provisions in the Agreement will still be enforceable. We may transfer or assign our right to all or some of your payments. If stnte law requires tbat you receive nocice of such an event to protect che purchaser or assignee, we may give you such I10tice by. filing a 'fmancing statement wi~ the state's Secretary of State. Credit Reporting:. If you fail to fulfill the terms of your credit obligation., a negative credit report reflecting on your credit record may be submitted to a credit reporting agency. In order to dispute: any information we are reporting about your Account, you must write to us at the following address: First Select Co<]J0111tion, P,O. Box 9104, PleasanlOn, Californi" 94566. YOUR BILLING RlGHTS. KEEP THIS NOTICE FOR FCTURE USE This notice contains important infonnation about your rights and our responsibilities under th~ Fair Credit Billing Act. Notify Us in Case of Errors or Questions Aboltt Your Bill If you think your bill is wrong. or if you need more information about an entry on your bill. write us, on a separate sheet,. at the following addres:;: First Select Corporation,. P.O. Box: 9104, Pleasanton. CA 94:566. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the firstbiU on which the ~or or problem appeared.. Y ou ~.telephone us, but doing so will not preserve your rights. In your letter7 give us the following: . Your name and Account number. . The dollar amount of the susped:ed error. . Desc:ribe the error and elCplain, if you can. why you believe there is an .mor. If you need more infonnation. describe the item you are not sure about Your Rights and Our Responsibilities After We Receive Y{)urWritten Notice We must acknowledge your letter within 30 days. unless we have corrected the error by then. Within 90 days. we must either correct the error or e~lain why we believe the bill was correct. After we receive your [etter, we cannot try to collect or report you as delinquent as to any amount you question. including fmance. charges. - We can apply any unpaid amount agaUtst your credit lene. You de act ha.ve to pay any qu~oned amount while we are investigating. but you are stilI obligated to pay the parts of the bill that afC not in question. . JIwe fmd that we made a mistake on your bill. you will not have to pay any finance charge related to any questioned amount. rf we did not make a mistake. you may have to pay finance charges. and. you wiU have to make up the missed payments on the questioned aJn()unL In either case. we will Send you a stattmen~ of the amount you owe and the date that it is due. If you fail to pay the amount we think you owe. we may report you as delinquent However. ifour e.'(plan~on does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you question y~ur btiL . And we must tell you the nameJlfanyone we reported you to. We must teU anyone we report you to that the matter has been settled between us when It finally IS. If we do not follow these rules, we cmnot collect the first SjO of the questioned amount even if your bill was correct.. Special Rule for Credit Card Purchas~ 1f you have a problem with the quality of goods and services that you put'l:hased with your Wells .Fargo credit card and you have tried in good faith to correct the problem with the merchant,. you may not have to pay the remaining amount due on the goods 01' services. There are two limitations to this right: (a) y~u must have made the purchase in your home state or, ifnot within your home state, within 100 miles of your current mailing address; ilItd(b) the pur:hase pnce must have been more than 550. These limitations do not apply ifeitnerwe or Wells Fargo own or oper.ne the merchant, or if we or Wells Fargo mll11ed you the advertise:ment for the property or services.. . ;;>Jil~ ~" "90 . - , ,~ ",~.I.~ro ~ ~\b)~ ~?-' ~ l\,'~ ~~ w~ -"~-"',...; . . . ~ c:;f ~~t' ~ ~ ,-~~ o c ~ -Om n1rn Z:rJ zr" cg~: r:~" '<~' ;:t"o 2:0 )>' C z =<! ~ <;:) <;:) o -n ~ :_,:~ :~ '''-jJ ...., J'lJr- I :',:23 m ..<<'V i c:>,.., '...,~ ;:;;.=H ~~o om --l ~ -< -0 :x 'i> w r", '_~''''l'l''''):'<!l~~I'!'f2'~!,''''~;l.ifI~~~M!_l!!:!II!,~~!il~flL~,__"",......~~~~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-01262 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS FRAKER KENNETH L CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within NOTICE & CIVIL ACTION was served upon FRAKER KENNETH L the DEFENDANT at 0014:59 HOURS, on the 13th day of March , 2000 at 120 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257-9601 by handing to CAROL FRAKER (WIFE) a true and attested copy of NOTICE & CIVIL ACTION together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So ;;;~~I 18.00 12.40 .00 10.00 .00 40.40 R. Thomas Kline day of 03/15/2000 PARK rAW AscocrATEE ~ By: ~/?G / ~ Deputy She~ff Sworn and Subscribed to before me this t ~ ~J'f 0l0v0 . A.D. ~.Q'~~ P othonotary , :;>., -~-- ~.- VALERIE ROSENBLUTH PARK, ESQURIE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF FIRST SELECT CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS plaintiff VS. KENNETH L. FRAKER Defendant NO. 2000 01262 CIVIL PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended upon payment of your costs. PARK LAW ASSOCIATES, P.C. / BY: V ,"- "- , -..-''''"' ,.~,-" ;,"'~" ,_-_.,-~_ ,,_,"-,,- ""_'.""r '-I'---~""-- ,,' . "., ,__,__"t' __, ,. .. ~~ .,' il '"" ,.,,.y, 0'.,.,'".".. ,,,h,'" - """".",.0'.""""."" ',h, ' ,--~._=-" , ~""...,." hh 0 c> 0 c:. c::> .'n d :J1; ...\ >- ~;,t:" :n -(0) "'" \lIT\' -'" .,;Ie: ~e' - _'0;\1. 0\ :69 GQ~;' '1 -. ;::G :3~ -1:J .X....) h_ ~ c..."'t- ').'?-(":. ;2:0 Z:-: <:;{fl ~U t:? pC ::o.l :2, - ~ ::2. (,:> r-f'~""". - .""~,~, ~-~,- !""F.,l