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Home My WebLink About11-5827IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ?? - 58x7 aiiaTersk ---------------------------------------------------------------X PRIDE ACQUISITIONS LLC, DOCKET NO.: ASSIGNEE OF CHASE BANK USA, N.A. OUR FILE NO: 1012998 100 HERRICKS RD, SUITE 200 MINEOLA, NEW YORK, 11501 Plaintiff CI n -vs- M CIVIL ACTI(L -or- HARRY JAMES MELLINGER 98 HERMAN AVE APT B > CD 4 LEMOYNE, PA 17043 1974 Defendant, .?. c. ?? ---------------------------------------------------------------X c ,f NOTICE TO DEFEND 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 is 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THAT OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THAT 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 Co. Bar Association 32 South Bedford Street, CARLISLE, PENNSYLVANIA, 17013 (800) 990-9108 O *gA.0o PA ATrY Ot mol gta&aaof IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ---------------------------------------------------------------X PRIDE ACQUISITIONS LLC, NO. DE EPIGRAFE: ASSIGNEE OF CHASE BANK USA, N.A. NUMERO DE EXPEDIENTE: 100 HERRICKS RD, SUITE 200 1012998 MINEOLA, NEW YORK, 11501 Demandante -vs- HARRY JAMES MELLINGER 98 HERMAN AVE APT B, CIVIL ACTION -LAW LEMOYNE, PA 17043 1974 Demandado, ---------------------------------------------------------------X NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. Cumberland Co. Bar Association 32 South Bedford Street, CARLISLE, PENNSYLVANIA, 17013 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ---------------------------------------------------------------X PRIDE ACQUISITIONS LLC, DOCKET NO.: ASSIGNEE OF CHASE BANK USA, N.A. OUR FILE NO: 1012998 100 HERRICKS RD, SUITE 200 MINEOLA, NEW YORK, 11501 Plaintiff COMPLAINT -vs- HARRY JAMES MELLINGER 98 HERMAN AVE APT B, LEMOYNE, PA 17043 1974 CIVIL ACTION -LAW Defendant, ----------------------------------------X Plaintiff, by its attorneys, complaining of the defendant, respectfully alleges: 1. PRIDE ACQUISITIONS LLC is a DELAWARE limited liability company with a place of business of 100 HERRICKS RD, SUITE 200, MINEOLA, NEW YORK, 11501. 2. The Defendant, HARRY JAMES MELLINGER, is an individual, residing at 98 HERMAN AVE APT B , LEMOYNE, PA 17043 1974 3. Pursuant to an agreement made with Plaintiff s predecessor in interest, CHASE BANK USA, N.A., credit was extended to Defendant(s) or Defendant(s) incurred debt to Plaintiffs predecessor through the use of the credit card, account number ending in ************2800. Plaintiff purchased this account and now owns it. 4. At all relevant times, Defendant was a cardmember on the Account, and responsible for paying all amounts charged to the Account. 5. Defendant herein accepted and used the Card, by doing so Defendant agreed to all of the terms and conditions set forth in the Agreement. 6. Defendant assented to the terms and conditions governing the account during the time period in which the Card was utilized and maintained by Defendant, as provided by CHASE BANK USA, N.A. for the Account. 7. Annexed hereto as Exhibit "A" and incorporated herein are true and correct copies of Account statements issued by CHASE BANK USA, N.A. to defendant, indicating usage and acceptance of the Card, the Account and the terms and conditions thereof. 8. Defendant defaulted by failing to make payments required by the Agreement, leaving an outstanding balance of $ 26,427.70 as of the date hereof, of which no part has been paid despite due demand therefor. COUNT I - BREACH OF CONTRACT 9. Plaintiff incorporates by reference the averments of paragraphs 1 through 8. 10. Defendant failed to make the minimum payments specified on the statements. 11. By reason of the foregoing, Defendant breached the Agreement with CHASE BANK USA, N.A., the original creditor. 12. Despite due demand, Defendant has failed to pay CHASE BANK USA, N.A. or plaintiff the outstanding balance. 13. As a result of the breach, Defendant is liable to Plaintiff for the sum of $ 26,427.70. WHEREFORE, Plaintiff demands judgment against Defendant on Count 1 in the sum of $ 26,427.70, plus interest. COUNT 2 - UNJUST ENRICHMENT (In the alternative to Count 1) 14. Plaintiff incorporates by reference the averments of paragraphs 1 through 13 15. Defendant, by the use of the credit card and the extension on credit received the benefit of same which was given on said credit account and has failed to make payment for the receipt of said benefit. 16. As a direct result of the receipt of the benefit of the extension of credit understanding as above, the Defendant has been unjustly enriched in the amount of 26,427.70, to Plaintiffs detriment. WHEREFORE, Plaintiff demands judgment in its favor against Defendant on Count 2 in the sum of $ 26,427.70, with interest, costs and disbursements as permitted by law. I ?[F(t' fra is X. Grimes, Esq., PA/Supreme Court ID 62404 BAKER, SANDERS, BARSHAY, GROSSMAN, FASS, MUHLSTOCK & NEUWIRTH, LLC Attorneys for Plaintiff 804 WEST AVENUE JENKINTOWN, PENNSYLVANIA 19046 Tel: (215) 576-1900 VERIFICATION 1, William Denninger, an Officer of Pride Acquisitions, LLC, the within Plaintiff, verify that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C. S. Sections 4904, relating to unsworn falsification to authorities. July 13, 2011 enninger Pride Acquisitions, LLC Officer State of New York) ) SS. : County of Nassau) Public Arnold Pooran Notary Public - State of New York No. 01 PO6232753 Qualified in Queens County RE: HARRY JAMES MELLINGER Commission Expires December 27, 2014 ************2800 Our File No.-1012998 EXHIBIT - A Payment Due Date New Balance Past Due Amount Minimum Payment 1 08119109 $26,427.70 $5,139.00 $9,256.70 Account number: 4305 8739 2157 2800 . Make your check payable to: Chase Card Services. Please write amount ."closed. New address or email! Print on hick. 430587392157280000925670026427700000009 85728 BE" Z 20609 D HARRY JAMES MELLINGER 98 HERMAN AVE APT B LEMOYNE PA 17043-1974 Inr?l?mlllnrrluln??nn?llrln?nrl rln?lnrlrln?ullrl 1: 5000 L60 281: 97L.39 2157 2800 Lill CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 Statement Date: CHASE O 06126109 - 07125/09 ® Marope your account online: www chase comleredilcards Minimum Payment: $9,256.70 Payment Due Date: 06119/09 Additional contact information ACCOUNT SUMMARY VISA Account Numb conveniently located on ".verse sid. Previous Balance $25,901.80 Total Credit Line $23,100 Finance Charges «$525.90 Available Credit $0 New Balance $26,427.70 Cash Access Line $23,100 Available for Cash $D The outstanding balance on your credit card account is scheduled to be written off as a bad debt shortly. As a result, your credit bureau will be updated with a negative rating that could last for up to seven years. We can still help, but you need to call us now at 1-888-792-7547 (collect 1-302.594-8200). FINANCE CHARGES Finance Charge Transaction Daily Periodic Rate GOITesp. Average Daily Due To Fee / Accumulated FINANCE Category 30 days in cycle APR Balance Periodic Rate Service Charge Fn Charge CHARGES Purchases V.08216% 29.99% $357.61 $8.81 $0.00 $0.00 $8.81 Cash advances V .08216% 29.99°/ $3,476.23 $85.73 $0.00 $0.00 $85.73 Convenience check V .08216% 29.99% $1,561.23 $38.48 $0.00 $0.00 $38.46 Prior Cash Advances V.06367% 23.24% $6,169.94 $117.85 $0.00 $.0.00 $117.85 Prior Purchases V .06367% 23.24% $14,398.81 $275.03 $0.00 $0.00 $275.03 Total finance charges $525.90 Effective Annual Percentage Rate (APR): 24.30% Please see Information About Your Account section for balance computation method, grace period, and other important information. The Corresponding APR is the rate of interest you pay when you carry a balance on any transaction category. The Effective APR represents your total finance charges - including transaction fees such as cash advance and balance transfer fees - expressed as a percentage. IMPORTANT NEWS Discover your favorite Starbucks Vivanno Smoothie! They come in three fantastic flavors: Orange Margo Banana, Banana Chocolate & Strawberry Banana Each contains 280 calories or less, has great nutritional benefits and tastes sensational! This Statement is a Facsimile - Not an original 0000001 FIS33338 D 5 000 N Z 25 09107/26 Pepe 1 of 1 05686 MAMA 857',8 20510000050)085728)1 X Address Change Request Please provide information below only if the address information on hord is incorrect. Street Address: ------ City - ----- State: -- Zip: ----- --- Home Phone: --- --- - Work Phone: --- --- -- E-mail Address: - ----- L To contact us regarding your account: ® By Telephone: In LI ti. 1-800-945-2000 7 ® •" I,, Expand 1-888-446-3308 Send Inquiries to: Mail payments to: Visit Our Weh ite: TDD 1-800-956-8060 Pay by phone l-800-436-7958 P.O. Box 15298 P.O. Bmx 15153 ww^w chase cmn/creditcards Outside U.S. call collect Wiminsil n, DE 19850-5 298 Wilmington, DE 19886-5153 1-302-594-8200 Inlannattsn About Your Account Crediting sf Payments: For payments by regular U.S. mail, send at least your minimum payment due to our Payments address shown on this statement. Your payments by mail must comply with the instructions on this statement. and must he made W check or money order, payable in U.S. Dollars, and drawn on or payable through a U.S. financial institution or the U.S. branch of a foreign financial institution. Do not send cash. Write your account number on your check or money order. Payments must be accompanied by the payment coupon in the anvBlnpe provided with our address visible through the envelope window. the envelope cannot contain more than one payment or coupon, and there can be no staples, paper clips. tape or correspondence included with your payment. II your payment is to accordance with our payment instructions and is made available o us on any day except December 25 by 1:00 p m. local time at our Payments address on this statement, we will credit the payment to your account as of that day If your payment is in accordance with our payment instructions, but is made available to us alter 1:00 p.m lout time at our Payments address en this statement, we will credit it to your account as of the next day. II you do not follow our payment instructions or it your payment is not sent by regular U.S. mail to our Payyments address. crediting of your payment may be delayed tot up to 5 days. Payments made electronically through our automated telephone service, Customer Service advisors, or our web site will be subject to any processing times disclosed for those payments. Account Information Reported to Credit Bureaus: We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account maybe reflected in your credit report. If you think we have reported inaccurate information to a credit bureau, you may white to us at the inquiries address shown on this statement. Notice About Electronic Check Conversion: When you pay by check, you authorize us either to use information from your check to make a one-time electronic fund transfer Irom your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financal institution. Call the Customer Service number on [his statement if you have cuestions about electronic check collection or do not want your paynems collected electronically. Conditional Payments: Any payment check or other loom of paymerl that you send us for less than the full balance due that is marked "paid in full or contains a similar notation, or trial you otherwise tender in full satisfaction of a disputed amount, must be sent to Card Services. P.O. Box 15049, Wilmington, DE 19850-5049 We reserve all our rights regarding these payments (e.g., it it is determined there is hid valid dispute or if any such check is received at any other address, we may accept the check and you will still owe any remaining balance). We may refuse to accept any such payment by returning it to you not cashing it or destroying it, All other payments that you make should he sent to the regular Payments address shown on this statement Annual Renewal Notice: II your account has an annual fee, it will be billed each year or in monthly installments, whether or not ye a use your account, and you agree to pay it when billed. The annual fee is non- relundatt a unless you notify us that you wish to close your account within 30 days of the date we mail your statement on which the annual fee is Charged and at the same time, you pay your outstanding balance in full. Your payment of the annual fee does not aflect our rights to close your account and to limit your night to make transactions on your account. If your account is closed by you or us. wo will continue to charge the annual fee until you pay your outstanding balance in full and terminate your account relationship. Explanation of Finance Charges: We calculate periodic finance charges. using the applicable periodic rates shown on this statement. separately for each feature (e.g.,balance, transfer/convenience checks and cash advance checks ('check transaction"), purchases, balance hanslers, cash advances, promotional balances or overdraft advances). These calculations may combine different categories with the same daily periodic rates. If there is a "V' next to a periodic rate on this statement. that rate may vary, and the index and margin used to determine that rate and its corresponding APR are described in your Cardmamber Agreement, as amended. There is a minimum finance charge in any billing cycle in which you dove any periodic trance charges, and a transaction tinance charge for each balance transfer, cash advance. or check transaction, in the amounts stated in your Cardmamber Agreement, as amended. To get the daily balance for each day of the current billing cycle, we take the beginning balance for each feature, add any new transactions or other debits (including fees, unpaid finance charges and other charges), subtract any payments or credits. and make other adjustments. Transactions are added as of the transaction date, the beginning of the billing cycle in which they are posted to your account. or a later date of our choice (except that check transactions are added as of the date deposited by the payee or a later dale of our choice). Fees are added either on the date of a related transaction, the date they are posted to your account or the last day of the billing cycle. This gives us that day's daily balance. A credit balance is treated as a balance of zero- If a daily pedodic rate applies to any feature, we multiply the daily balance by the daily periodic rate to get your oarlock; finance charges for that day. We men add these periodic finance charges to your daily balance to get the beginning balance forte next day, (If morethan one daily periodic rate could apply based on the average daily balance. we will use the daily periodic rate that applies ter the average daily balance amount at the end of the billing cycle to calculate the daily periodic finance charge each day ) To get your total periodic finance charge for a billing cycle when a daily periodic rate(s) applies, we add all of the daily periodic finance charges for all features. To determine an average daily balance, we add your daily balances and divide by the number of the days in the applicable billing cycle(s). If you multiply the average daily balance for each feature by the applicable daily periodic rate, and then multiply each of these results by the number of days in the applicable billing cycle(s), and then add all of the results together, the total will also equal the periodic finance charges for the billing cycle, except tot minor variations due to rounding. To get your total periodic finance charge for a billing cycle when a rnonlhly periodic rate(s) applies. multiply the average daily balance for each feature by the applicable monthly periodic rate and add the results together. The total will equal the periodic finance charges for the billing cycle, except for minor variations due to rounding. Grace period (a1 least 20 days): We accrue periodic finance charges on a transaction. fee, or finance charge from the date it is added to your daily balance until payment in lull is received on your account. However, vie do not charge periodic finance charges on new purchases billed during a billing cycle if we receive both payment of your New Balance on your Current statement by the date and time your payment is due and also payment of yuur New balance on your previous statement by the date and tune your payment was one,, There is no grace period for balance transfers, cash adv:mcas, check transactions. or overdraft advances. BILLING RIGHTS SUMMARY In Case of Errors or Geestiess About Your Bill: If you think your bill is wrong, or it you need more intcrmalion about a transaction on your bill, write Customer Service on a separate sheet at P D Box 15299 Wilmington, DE 19850.5299 as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on whim the error or problem appeared. You can fel6phore us, but doing so wit nor preserve your rights. In your letter, give us the following information. • Your name and account number • The dollar amount of the suspected error Describe the error and explain. if you can why you believe there is an error If you need more informalidn, describe the item you are unsure about. You do not have to pay any amount in question while vie are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your questior, we cannot report you as delinquent Or take action to collect the amount you question. If you have authorized us to pay your credit card bill automaticallyfrom your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter or call (using the Inquiries address of Customer Service telephone number shown an this statement) must reach us at leastthree business days before the automatic payment is scheduled to occur. Special Rule for Credit Card Purchases: It you have a problem vnth the quality of goods or services that you purchased with a credit card excluding purchases made with a check), and you have tried in good aith to correct the problem with the ner0ram, you may not have IC pay the remaining amount due on the goods or services. You have this protection only when the purchase price was more than $50 and the purchase was mark in your home state or within 100 miles of your mailing address. These limitations do not apply it vie own or operate the merchant, or if vve mailed you the advertisement tot the property or services. 'A.I 1 1406 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY rr'' FILED-OFFICE. Qyetr 41 pirt?" THE PROTHONOTARY O '44# H 2111 { AUG 30 AEI 8: 3" E--T- - G(F CUMBERLAND COUNTY PENNSYLVANIA Pride Acquisitions, LLC vs. Harry James Mellinger Case Number 2011-5827 SHERIFF'S RETURN OF SERVICE 08/25/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on August 25, 2011 at 0950 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Harry James Mellinger. After several attempts The Complaint and Notice has expired. SHERIFF COST: $60.00 SO ANSWERS, August 25, 2011 RON R ANDERSON, SHERIFF (c) GouwySuit- Shenff. Teieosoft. Inc. David D. r3uel TProthonotaiy Office of the 1�'- rothonotary Cum6ereand County, Pennsylvania 7(irkS. Sofionage, F,SQ Solicitor 1/ -'.5Se.,7 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square Suite100 ® CarCasCe, TA ® F -hone 717 240-6195 ® rfa.K717 240-6573