HomeMy WebLinkAbout14-3881 c'7 �
Supreme Courto -Pennsylvania
Court.4Commot Tleas ForProdwnotmy Use only:
Ctiover
l�CjSheet Docket No:
CU NB RLANI � County
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the frling and service of pleadings or other a ers as re uired by law or rules o court.
Commencement of Action:
S 0 Complaint 0 Writ of Summons 0 Petition
0 Transfer from Another Jurisdiction (] Declaration of Taking
E
C Lead Plaintiffs Name: Lead Defendant's Name:
CACH,LLC WAYNE S MELNICK
T Dollar Amount Requested: [(within arbitration limits
Y Are money damages requested? 0Yes 0 No
(check one) []outside arbitration limits
0
N Is this a Class Action Suit? 0 Yes [2 No Is this an MDJAppeal? 0 Yes d No
A Name of Plaintiff/Appellant's Attorney: ALLAN C. SMITH,ESQ.
0 Check here if you have no attorney(area Self-Represented [.Pro Se]Litigant)
Nature of the Case: Place an"X' to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than,ane type of claim, check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
OIntentional 0 Buyer-Plaintiff Administrative Agencies
0 Malicious Prosecution 0.Debt Collection:Credit Card 0 Board of Assessment
0
Motor-Vehicle 0 Debt Collection:Other 0 Board of Elections
0 Nuisance Dept. of Transportation
0 Premises Liability Statutory Appeal:Other
S 0 Product Liability(does not include
E mass tort) 0 Employment Dispute:
Slander/Libel/Defamation Discrimination
0 Other,: 0 Employment Dispute:Other 0 Zoning Board
,r Other:
I Other:
O MASS TORT
0 Asbestos
N 0 Tobacco
0 Toxic Tort-DES
0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste
Other: (, Ejectment 0 Common Law/Statutory Arbitration
B 0 Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent e Mandamus
0 Landlord/Tenant Dispute Non-Domestic Relations
0 Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial Quo Warranto
0 Dental 0 Partition 0 Replevin
0 Legal 0 Quiet Title 0 Other:
0.Medical 0 Other:
0 Other Professional:
Updated 1/1/2011
* 4 2 4 4 6 6 — C O M — 1 —
t y
Law Firm of Allan C. Smith,P.0 Ur/ JJ1 ,r 0 Cts
Attorney ID: 204756 - `2
1276 Veterans Highway ��✓ip �,C�
Suite E-1 P /CJD Cc
Bristol,PA 19007 �tS�L VAS
(888)275-6399/(215)428-0666
Attorney for Plaintiff
CACH,LLC ) COURT OF COMMON PLEAS
4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY
FLOOR
DENVER,CO 80237 )
Plaintiff,
VS. ) No.:
WAYNE S MELNICK )
1016 HEMLOCK LN )
ENOLA,PA 17025 )
SHERI C MELNICK )
1016 HEMLOCK LN#29 )
ENOLA,PA 17025 )
COMPLAINT
To: WAYNE S MELNICK
1016 HEMLOCK LN
ENOLA,PA 17025
and
SHERI C MELNICK
1016 HEMLOCK LN#29
ENOLA,PA 17025
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 the court without further notice may enter
a judgment against you for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose 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 S
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION p'A1-4
32 SOUTH BEDFORD STREET �Yw
CARLISLE,PA 17013. 14
Telelphone: 249-3166 C.�``r
P-M '�0n ��v
a
AVISO
Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas
expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la
demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con
abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si
usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin
previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que
usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sus
propiedas o otros derechos imporrantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO
SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
SERVICE DE REFERENCIA LEGAL
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013.
Telelphone: 249-3166
Plaintiff, CACH, LLC, by its attorney Allan C. Smith, Esq., by way of complaint against
Defendants WAYNE S MELNICK AND SHERI C MELNICK, avers the following:
1. Plaintiff, CACH, LLC, is a Colorado limited liability company doing business at 4340
South Monaco Street 2nd Floor, Denver, CO 80237.
2. Defendant, WAYNE S MELNICK, is an individual residing at 1016 HEMLOCK LN ,
ENOLA, PA 17025 and Defendant, SHERI C MELNICK is an individual residing at
1016 HEMLOCK LN#29,ENOLA,PA 17025.
3. Plaintiff's cause of action is based upon a writing.
4. Defendants, WAYNE S MELNICK AND SHERI C MELNICK, was indebted to
ELAN for a breach of the written contract by and between them in the amount of
$10,510.40 which balance was due and unpaid as of October 31,2012,for credit card
account number 4756211819004020. <Exhibit A>
5. On or about November 8, 2012, U.S. BANK NATIONAL ASSOCIATION ND sold
the debt for good and valuable consideration to plaintiff, CACH,LLC<Exhibit B>
6. The Defendants, Wayne S Melnick And Sheri C Melnick, last tendered a payment on
05/31/2012.
7. Pursuant to P.R.C.P Rule 1019(1), a copy of the controlling writing, the Card Member
Agreement, is not accessible to the Plaintiff at this time and is in the possession of the
third-party assignor of the debt to Plaintiff. Plaintiff has a reasonable and good faith
belief that said writing can be produced to Defendant during discovery or prior to trial.
8. Plaintiff is entitled to charge-off account finance charges of$0.00. <Exhibit A>
9. Plaintiff is entitled to pre-litigation charge-off interest of $0.0000 per day from the
default date ( 0.000% annual percentage rate x$10,510.40/365 days) or$0.0000 x 600
days = $0.00; which is accrued interest through the date of filing. <Exhibit A> Plus an
award of late fees 0.00, court costs $203.75 and reasonable attorneys fees as stated in the
Cardholder Agreement.
10. The defendant, being indebted to the plaintiff upon the account by and between them did
promise to pay said sums upon demand. Demand has been made for payment and the
defendants have failed to remit payment.
WHEREFORE, plaintiff demands judgment against the defendants for$10,714.15 which
includes interest, court costs, and a prayer to the court for reasonable attorney's fees, should this
matter be contested or go to default judgment.
Date: May 19,2014
Allan C.8midh,Esq.
EXHIBIT A
Rjltm BankN.A.
LISTENING IS JUST THE BEGINNING.8m
October Statement for activity from Sep. 29, 2012 through Oct. 31, 2012 Inquiries: 1-866-794-2137
WAYNE S MELNICK ELN 35 Page 1 of 2
SHERI C MELNICK
Your;SeI It:iiewards Vtsa�Plafi; Caid account a.a.t a glance
AcG urtt 4756;21181900 4020
Activity Summary Payment Information
Previous Balance.................... $10,324.46 New Balance........................... $10,324.46
Payments................................. $0.00 Minimum Payment Due(Current Month) $0.00
Other Credits........................... $10,324.46CR Minimum Payment Due(Past Due) $0.00
Purchases................................ $0.00 Total New Minimum Payment Due $0.00
Balance Transfers................... $0.00 Payment Due Date.................. Nov. 25,2012
Advances................................. $0.00
Other Debits............................ $0.00 Late Payment Warning: If we do not receive your
Past Due Amount.................... $0.00 minimum payment by the date listed above, you may have
Fees Charged......................... $0.00 to pay up to a$35.00 Late Fee.
Interest Charged.................... $185.94CR
New Balance........................... $10,324.46
Credit Line............................... None
Available Credit....................... None
Statement Close Date............. Oct. 31,2012
Das in Billing Cycle............... 33
To reduce or avoid paying additional fees and interest charges on your purchase balance,pay the total new balance of$10,324.46 by
11/25/12.Any cash balance or balance transfer balance will continue to accrue daily interest until the date your payment is received.
Tr—ahsaC ons .
Post Trans Ref.
Date Date Nbr Description of Transaction Amount
Payments and:Other:G:redits
... ... _ .. .... . . _ ... . _. _. ._.
10/31 CHARGE OFF........................................................................... $10,324.46CR
.. ... .... .. ..__._. _. .. . ... ..._. ._. .. .. .. .. ..... ... .. _ .. ... .. .. ._ .... ..... ... .. ._ _. .. .
Lnterest;Charged:;
... . _.. . . ..... . .. .. . ... . .... .... ... .._. ..
10/31 INTEREST REVERSAL............................................................. $185.94CR
TOTAL INTEREST FOR THIS PERIOD.................................. $185.94CR
Continued on Next Page
Please detach and send coupon with check payable to:Cardmember Service
FW
=Bank... 0247562118190040200000000000010324466
LISTENING IS JUST THE BEGINNING.SM Your Account Number; 4756 2118 1900 4020
Total New Balance: $10,324.46
Minimum Payment Due: $0.00
To change your address or for Payrttent Due Rate Enter. ownfor.--nt of Rax--- ne
Cardmember Service please call:
1-866-794-2137 Every Hourl Every Dayl
Nov. 25, 2012 h
u
000017636 1 SP 106481846761571 S
WAYNE S MELNICK Cardmember Service
SHERI C MELNICK P.O. Box 790408
1016 HEMLOCK LN St. Louis, MO 63179-0408
ENOLA PA 17025-2042 illi I �I� I I �I I m I it lu I n
I"II'llllllllllll'1111""II'Illllllllll�l�l�lllllll�ll�l��ll,ll Ill I III II I Ill I I III II III III I VIII IIII II
What To Do If You Think You Find A Mistake On Your Statement
If you think there is an error on your statement,please call us at the telephone number on the front of this statement,or write to us at:
Cardmember Service,P.O.Box 6335,Fargo,ND 58125-6335.
In your letter or call,give us the following information:
►Account information:Your name and account number.
► Dollar amount:The dollar amount of the suspected error.
► Description of Problem:If you think there is an error on your bill,describe what you believe is wrong and why you believe it is a mistake.
You must contact us within 60 days after the error appeared on your statement.While we investigate whether or not there has been an error,the
following are true:
►We cannot try to collect the amount in question,or report you as delinquent on that amount.
►The charge in question may remain on your statement,and we may continue to charge you interest on that amount.But,if we determine that
we made a mistake,you will not have to pay the amount in question or any interest or other fees related to that amount.
►While you do not have to pay the amount in question,you are responsible for the remainder of your balance.
►We can apply any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card,and you have tried in good faith to correct the
problem with the merchant,you may have the right not to pay the remaining amount due on the purchase.
To use this right,all of the following must be true:
1.The purchase must have been made in your home state or within 100 miles of your current mailing address,and the purchase price must
have been more than$50.(Note:Neither of these are necessary if your purchase was based on an advertisement we mailed to you,or if we
own the company that sold you the goods or services.)
2.You must have used your credit card for the purchase.Purchases made with cash advances from an ATM or with a check that accesses your
credit card account do not qualify.
3.You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase,contact usin writing at:Cardmember Service,P.O.Box 6335,
Fargo,ND 58125-6335.While we investigate,the same rules apply to the disputed amount as discussed above.After we finish our investigation,
we will tell you our decision.At that point,if we think you owe an amount and you do not pay we may report you as delinquent.
Important Information Regarding Your Account
1.INTEREST CHARGE:Method of Computing Amount Subject to Interest:We calculate the periodic rate or interest portion of the INTEREST
CHARGE by multiplying the applicable Daily Periodic Rate("DPR")by the Average Daily Balance("ADB")(including new transactions)of the
Purchase,Advance and Balance Transfer categories subject to interest,and then adding together the resulting interest from each category.We
determine the ADB separately for the Purchases,Advances and Balance Transfer categories.To get the ADB in each category,we add
together the daily balances in those categories for the billing cycle and divide the result by the number of days in the billing cycle.We determine
the daily balances each day by taking the beginning balance of those Account categories(including any billed but unpaid interest,fees,credit
insurance and other charges),adding any new interest,fees,and charges,and subtracting any payments or credits applied against your
Account balances that day.We add a Purchase,Advance or Balance Transfer to the appropriate balances for those categories on the later of
the transaction date or the first day of the statement period.Billed but unpaid interest on Purchases,Advances and Balance Transfers is added
to the appropriate balances for those categories each month on the statement date.Billed but unpaid Advance Transaction Fees are added to
the Advance balance of your Account on the date they are charged to your Account.Any billed but unpaid fees on Purchases,credit insurance
charges,and other charges are added to the Purchase balance of the Account on the date they are charged to the Account.Billed but unpaid
fees on Balance Transfers are added to the Balance Transfer balance of the Account on the date they are charged to the Account.In other
words,billed and unpaid interest,fees,and charges will be included in the ADB of your Account that accrues interest and will reduce the amount
of credit available to you.Credit insurance charges are not included in the ADB calculation for Purchases until the first day of the billing cycle
following the date the credit insurance premium is charged to the Account.Prior statement balances subject to an interest-free period that have
been paid on or before the payment due date in the current billing cycle are not included in the ADB calculation.
2.Payment Information:Make checks payable to Cardmember Service.Use the enclosed return envelope to mail your payment to:
Cardmember Service,P.O.Box 790408,St.Louis,MO 63179-0408.All payments by check or money order,in U.S.dollars and accompanied by
a payment coupon will be credited to your Account on the day of receipt if received at this address by 5:00 p.m.CST on any banking day.
Banking days are all calendar days except Saturday,Sunday,and federal holidays.Payments due over a Saturday,Sunday or federal holiday
and received on those days will be credited on the day of receipt.Other types of mailed payments will be processed within five banking days of
receipt by Cardmember Service and credited to your Account on the day of receipt.
3.Credit Reporting:We may report information on your Account to Credit Bureaus.Late payments,missed payments or other defaults on your
Account may be reflected in your credit report.
Y �
RdtmBNA.
LISTENING IS JUST THE BEGINNING.6m
MjJ4
October Statement for activity from Sep. 29, 2012 through Oct. 31, 2012 Inquiries: 1-866-794-2137
WAYNE S MELNICK Page 2 of 2
SHERI C MELNICK
_ . . .._ .
.... ..... ._.._ .... .... ...._. ... .. ..... .. .. ....._..... ...... ........ ... ....... ....._ ... .. ...
..... .. . . .. ..... ... . ... _ .. . . .. _ _ .. ..._ .. ..
_.. _..._...... ..... ....._ ... ..... .. . ._. _. ... . . .
2012:Totals:YearAbwbate :_:':
Total Fees Charged in 2012 $0.00
Total Interest Charged in 2012 $185.94CR
nterest Charge:Catcula ion
Your Annual Percentage Rate(APR)is the annual interest rate on your account.
**APR for current and future transactions.
Balance ;Annual .Expires
<Batance: Subjectto Interest; . PerC$ntage.;:; with /nteresf
Balance Typo:;;. By Type InterestRate Variable Charge.>: Rate'': Statement .;Free Period
PURCHASES $8,088.72 $8,088.72 YES $0.00 0.00% YES
-BALANCE TRANSFER $0.00 $0.00 $0.00 0.00% NO
PURCHASES $0.00 $0.00 $0.00 0.00% YES
-ADVANCES $2,421.68 $2,421.68 $0.00 0.00% NO
tmportant<Messages
New Statement Design Coming Soon!Simply stated,we are committed to keeping you informed with clear and useful
information.We recently asked customers how we can enhance our statements and we listened. In the coming months,
you will see a new statement design which is easier to read and use.Thank you for your business and your feedback.
We are pleased to announce our new credit education web site,www.smartcreditmatters.com. This interactive site is
filled with useful information on building and managing credit, along with details of what"makes up a credit score. It also
offers tips for improving a credit score and allows you to simulate changes to your credit score by inputting different
scenarios. Be sure to visit www.smartcreditmatters.com today.
Each time you or a third party on your behalf, pays your bill by personal check,you authorize us to convert that payment
into an electronic debit. If the check is processed electronically,the checking account will be debited for the amount on
the check and the debit will appear on your account statement. If you have any questions, please contact us at the
Inquiries phone number located on this statement.
To ctatatact las regarding yct;r account 475.6_21481190:0 4Q20
By Telephone: Send Inquiries to: ® Send Payments to: A Online
Every Hourl Every Dayl Cardmember Service Cardmember Service visit our website:
Voice: 1-866-794-2137 P.O.Box 6354 P.O.Box 790408 www.fultonbank.com
TDD: 1-888-352-6455 Fargo,ND 58125-6354 St.Louis,MO 63179-0408
Fax: 1-866-616-1750
End of Statement
F ultra BankN.A.
LISTENING IS JUST THE BEGINNING.—
MUZ,
May Statement for activity from May 01, 2012 through May 31, 2012 Inquiries: 1-866-794-2137
WAYNE S MELNICK ELN 8 35 Page 1 of 2
SHERI C MELNICK
_....... ._.. ... ._........ .... .. . . _......
Your:St#ieatnmardaccounaauanc�wa-dsVts � tfG
CG� 475 :At2118190 4f2Qec ; 6 . i
Activity Summary Payment Information
Previous Balance.................... $10,942.40 New Balance........................... $10,510.40
Payments................................. $432.00cR Minimum Payment Due(Current Month) $216.00
Other Credits........................... $0.00 Minimum Payment Due(Past Due) $0.00
Purchases................................ $0.00 Total New Minimum Payment Due $216.00
Balance Transfers................... $0.00 Payment Due Date.................. Jun.25, 2012
Advances................................. $0.00
Other Debits............................ $0.00 Late Payment Warning: If we do not receive your
Past Due Amount.................... $0.00 minimum payment by the date listed above, you may have
Fees Charged......................... $0.00 to pay up to a$35.00 Late Fee.
Interest Charged.................... $0.00
New Balance........................... $10,510.40 Minimum Payment Warning: If you make only the
minimum payment each period,you will pay more In
Credit Line............................... $12,500.00 interest and it will take you longer to pay off your balance.
Available Credit....................... None For example:
Statement Close Date............. May 31,2012
Das in Billing Cycle............... 31 If:you make no You will pay offAndyou w8
additional charges the'batance.'shown end up paying
using t.Is cart)and ori this statement. an estimated: ::
each month you, in about.; totak of
a .,.
Only the minimum 4 years $10,608
payment
$291 3 years $10,510
(Savings=$98)
If you would like information about credit counseling
services, call 866-951-1391.
To reduce oravoid paying additional fees and interest charges on your purchase balance,pay the total new balance of$10,510.40 by
06125/12.Any cash balance or balance transfer balance will continue to accrue daily interest until the date your payment is received.
Continued on Next Page
Please detach and send coupon with check payable to:Cardmember Service
=Bank... 024756211819004020000021600oU105104U3
LISTENING IS JUST THE BEGINNING.-- Your Account Number 4756 2118 1900 4020
Total New Balance: $10,510.40
Minimum Payment Due: $216.00
To change your address or forPay�ttlien!Due;QateU.:.€nferAmaynt of Payiriant£fldcsect
Cardmember Service please call:
1-866-794-2137 Every Hourl Every Deyf
Jun. 25, 2012
000000648 1 MB 0.404 106481623185166 P
WAYNE S MELNICK Cardmember Service
SHERI C MELNICK P.O. Box 790408
1016 HEMLOCK LN St. Louis, MO 63179-0408
ENOLA PA 17025-2042 �I I I J�11 nl III �IIJ II n n �I11
11�1��IIIdhIPr11111�11u��lll�11111n���llllll�llll�nul,ul 111111u 1111111 I IIIA IIIIIIIII III
What To Do If You Think You Find A Mistake On Your Statement
If you think there is an error on your statement,please call us at the telephone number on the front of this statement,or write to us at:
Cardmember Service,P.O.Box 6335,Fargo,ND 58125-6335.
In your letter or call,give us the following information:
►Account information:Your name and account number.
► Dollar amount:The dollar amount of the suspected error.
► Description of Problem:If you think there is an error on your bill,describe what you believe is wrong and why you believe it is a mistake.
You must contact us within 60 days after the error appeared on your statement.While we investigate whether or not there has been an error,the
following are true:
►We cannot try to collect the amount in question,or report you as delinquent on that amount.
►The charge in question may remain on your statement,and we may continue to charge you interest on that amount.But,if we determine that
we made a mistake,you will not have to pay the amount in question or any interest or other fees related to that amount.
►While you do not have to pay the amount in question,you are responsible for the remainder of your balance.
►We can apply any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card,and you have tried in good faith to correct the
problem with the merchant,you may have the right not to pay the remaining amount due on the purchase.
To use this right,all of the following must be true:
1.The purchase must have been made in your home state or within 100 miles of your current mailing address,and the purchase price must
have been more than$50.(Note:Neither of these are necessary if your purchase was based on an advertisement we mailed to you,or if we
own the company that sold you the goods or services.)
2.You must have used your credit card for the purchase.Purchases made with cash advances from an ATM or with a check that accesses your
credit card account do not qualify.
3.You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase,contact usin writing at:Cardmember Service,P.O.Box 6335,
Fargo,ND 58125-6335.While we investigate,the same rules apply to the disputed amount as discussed above.After we finish our investigation,
we will tell you our decision.At that point,if we think you owe an amount and you do not pay we may report you as delinquent.
Important Information Regarding Your Account
1.INTEREST CHARGE:Method of Computing Amount Subject to Interest:We calculate the periodic rate or interest portion of the INTEREST
CHARGE by multiplying the applicable Daily Periodic Rate("DPR")by the Average Daily Balance("ADB")(including new transactions)of the
Purchase,Advance and Balance Transfer categories subject to interest,and then adding together the resulting interest from each category.We
determine the ADB separately for the Purchases,Advances and Balance Transfer categories.To get the ADB in each category,we add
together the daily balances in those categories for the billing cycle and divide the result by the number of days in the billing cycle.We determine
the daily balances each day by taking the beginning balance of those Account categories(including any billed but unpaid interest,fees,credit
insurance and other charges),adding any new interest,fees,and charges,and subtracting any payments or credits applied against your
Account balances that day.We add a Purchase,Advance or Balance Transfer to the appropriate balances for those categories on the later of
the transaction date or the first day of the statement period.Billed but unpaid interest on Purchases,Advances and Balance Transfers is added
to the appropriate balances for those categories each month on the statement date.Billed but unpaid Advance Transaction Fees are added to
the Advance balance of your Account on the date they are charged to your Account.Any billed but unpaid fees on Purchases,credit insurance
charges,and other charges are added to the Purchase balance of the Account on the date they are charged to the Account.Billed but unpaid
fees on Balance Transfers are added to the Balance Transfer balance of the Account on the date they are charged to the Account.In other
words,billed and unpaid interest,fees,and charges will be included in the ADB of your Account that accrues interest and will reduce the amount
of credit available to you.Credit insurance charges are not included in the ADB calculation for Purchases until the first day of the billing cycle
following the date the credit insurance premium is charged to the Account.Prior statement balances subject to an interest-free period that have
been paid on or before the payment due date in the current billing cycle are not included in the ADB calculation.
2.Payment Information:Make checks payable to Cardmember Service.Use the enclosed return envelope to mail your payment to:
Cardmember Service,P.O.Box 790408,St.Louis,MO 63179-0408.All payments by check or money order,in U.S.dollars and accompanied by
a payment coupon will be credited to your Account on the day of receipt if received at this address by 5:00 p.m.CST on any banking day.
Banking days are all calendar days except Saturday,Sunday,and federal holidays.Payments due over a Saturday,Sunday or federal holiday
and received on those days will be credited on the day of receipt.Other types of mailed payments will be processed within five banking days of
receipt by Cardmember Service and credited to your Account on the day of receipt.
3.Credit Reporting:We may report information on your Account to Credit Bureaus.Late payments,missed payments or other defaults on your
Account may be reflected in your credit report.
i ultra BankN1.
�. LISTENING IS JUST THE BEGINNING.-
May Statement for activity from May 01, 2012 through May 31, 2012 Inquiries: 1-866-794-2137
WAYNE S MELNICK Page 2 of 2
SHERI C MELNICK
..
V>Isa Select Rewards
This Year
Statement to Date
Description of Activity
NetRewards Points.................................................................................................. 0 0
Total............................................. 0 0
For rewards program inquiries and redemption information call 800-657-8308 24 hours a day,7 days a week or visit us at
www.fultonbank.com to access your account.
TrarlEsec#;ons
Post Trans Ref.
Date Date Nbr Description of Transaction Amount
Payments ante>Other'Giredits
05/01 05/01 0000 PAYMENT THANK YOU......................................................... $216.000R
05/31 05/31 4417 PAYMENT THANK YOU......................................................... $216.000R
2012:.Tota1s Year to=Date
Total Fees Charged in 2012 $0.00
Total Interest Charged in 2012 $0.00
interest Charge Caldu'a ion
Your Annual Percentage Rate(APR)is the annual interest rate on your account.
**APR for current and future transactions.
Balance Annan{ Expires
ea/ance St;t
ab�eco Interest: Percentage;:; wiah Interest
Ba)ar(ce Type; By Typg Interest Rate l/arrab/e ::Charge.: Rate: 5tate ...t Free Period::
PURCHASES $8,088.72 $8,297.75 YES $0.00 0.00% YES
-BALANCE TRANSFER $0.00 $0.00 $0.00 0.00% NO
-PURCHASES $0.00 $0.00 $0.00 0.00% YES
"ADVANCES $2,421.68 $2,421.68 $0.00 0.00% NO
Important Messaues:
Your account has been closed to further use of credit. If you still have cards in your possession, please cut them in half
and return them to us.
Each time you or a third party on your behalf, pays your bill by personal check,you authorize us to convert that payment
into an electronic debit. If the check is processed electronically,the checking account will be debited for the amount on
the check and the debit will appear on your account statement. If you have any questions, please contact us at the
Inquiries phone number located on this statement.
End of Statement
t a.
EXHIBIT B
t.
CERTIFICATE OF PURCHASE
1 _ PETER $Kt BEI hereby depose and state that:
1. 1 am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company.
2. As such, I am authorized to give this Certificate, and possess sufficient personal
knowledge to do so regarding:
Customer Names: WAYNE S MELNICK and SHERI C MELNICK
Original Creditor: ELAN
Account Number: 4755211819004020
3. On or about November 8,2012 this account was sold by the creditor, CACH, LLC is
the current owner of the account and purchased the account for good and valuable
consideration.
Date: ,�U'��4�:
1. yJ
By-
4'
Sworn and subscribed to before
me this1 day of J Z01. 2014.
,r.
Notary Public
EXHM1T B
BILL OF-SALE AND ASSIGNMENT OF ASSETS
The undersigned Assignor("Assignor")hereby absolutely-sells,transfeis,assigns,sets-over,
quitclaims and conveys to CACH, LLC; a limited liability compapy organized under the laws of
Colorado ("Assienee') on an "AS IS" and "WITH ALL FAULTS" basis, without recourse and
without representations or warranties of any type,kind,character or nature,express or implied,all of
Assignor's right,titte and interest in and to each of the assets identified on the Tape(the"Assets"),
together with the right to collect.all principal, interest or other proceeds of any kind with respect to
the Assets remaining due and owing as of the date hereof(including but not limited to proceeds
derived from the conversion, voluntary or involuntary, of any of the Assets into cash or other
liquidated property, including, without limitation, insurance proceeds and co.ndenination awards),
from and after the date of this Bill of Sale and Assignment of Assets on the terms set forth in that
certain Forward Flow Asset Purchase.and Sale Agreement dated as of November 13,2012.
DATED: November-13;2012
Lot Number Number of Accounts Balance
Lot 1105
ASSIGNOR: U.S.B ational Association ND
By:
NamrJo ann
Title
By:
Name(print): Steven Stamper
Title: VP of Recovery
National Loan Exchange 1nc./NLEX
USBNKASA.DOC
I L/0=0lz
AFFIDAVIT OF CLAIM
AND CERTIFICATION OF AMOUNT DUE
STATE OF MISSOURI }
)ss:
COUNTY OF ST.-LOUIS )
ACCOUNT HOLDER: WAYNE S MELNICK and SHERI C MELNICK
ACCOUNT NUMBER: 47.56211819004020("Account")
The.undersigned, Tamara Lockridge being duly sworn,states and deposes as follows:
1.' That Affiant is employed by U.S. Bank National Association (as successor-in-interest by'
merges to U.S. Bank National Association Nb), a national banking association, d/b/a
Elan Financial Services("the Bank"), in the position of Recovery Adjuster, and is
duly authorized to make the statements and representations herein.
2. That one of Affiant's responsibilities is to serve as keeper of the books and records of the
Bank,which are kept under the Bank's control..
3. Upon request by the buyer the Bank will make a good faith effort to locate the original
credit card application for the account. If the Bank is unable to locate the original credit
card application, the Bank will have determined that the original credit card application
has .been destroyed or is no longer accessible to the Affiant. If the original is
subsequently discovered,it will be submitted to the court for review.
4. That the statements made in this Affidavit are based on the computerized and hard copy
books and records of the Bank, which are maintained in the regular course of the Bank's
basiness,with the entries in them having been made at or near the time of the transaction
recorded.
5. That by Bill of Sale and Assignment of Assets dated 11/13/2012, the Account, among
others,was sold to CACH,LLC.
6. That as a result of the sale of the Account,CACH, LLC and/or its authorized agent,is the
creditor of the Account with complete ownership and authority to settle, adjust,
compromise, and satisfy the Account, and the Bank has no further ownership interest in
the Account for any purpose.
7. That the Account was opened in March of 2004 by WAYNE S MELNICK,whose social
security number is XXX-XX-4103 and SHERI C MELNICK, whose social security
number is XXX-XX -N /A.
8. 'The-balance on the:account sold to CACH, LLC showing on the books and records of the
Bank is $10.510.40, including legal .chargeable interest, with the Iast payment date
showing as 5/31/2012•.
Affidavit(USB sold) 2
• c 1
9. That the books and records of the Bank further show that there are no uncredited
payments or offsets attributable to the Account such that the amount shown as due and
owing is true and correct. '
FURTHER AFFIANT SAYETH NOT.
U.S. Bank National Association
d/b/a Elan Financial Services
By:
Title: Recovery.Adjuster
Subscribed and sworn to before me this day of e,. r ,.2014,
by Tamara Lockridge as_^ Recovery A_d'uster of U.S.
Bank National Association,d/b/a Elan Financial Services.
(Notary Seal)
Notary Ffu '
TYRONE BROOKS
Notary Pnbpa-Notary Seat
State of Missouri,St Louie County
Commission*13430154
_My Commission Expires fan 1,2017
.l
Affidavit(USB.sold) 3
VERIFICATION
PETEP, HUBER hereby depose and state that:
The language of the foregoing document is that of counsel and not necessarily my own;
however, I have read the foregoing document and the factual information contained therein
is true and correct to the best of my personal knowledge.
1 am the Authorized Representative and a duty authorized representative of the plaintiff;
The factual allegations set forth in the foregoing pleading are true and correct to the best of
my knowledge, information and belief, and they are that WAYNE S MELNICK AND
SHERI C MELNICK owe the balance of $10,510.40 to CACH, LLC on previously
submitted invoices, which balance is due and unpaid as if the date of the execution of this
Verification.
I am aware that if any of the foregoing is willfully false, I am subject to punishment.
I understand that false statements made herein are subject to the penalties relating to
unsworn falsification to authorities.
r
61.
, f
13q�
t
Dated: JUN 1 0 201.4
Pt -ILEER H s ER
Authorized Representative
SHERIFF'S OFFICE OF CUMBERLAND ��o�����
COUNTY
"
Ronny RAmderoon �`�
Sheriff
JodyS �nm�h �001 tLif `°^ ? !� 0_ | 7 p~ ': r �
Chief Deputy
-Ur\�c�����U ���^ \ '/
R�herdVVStexxurt ��������` ' � ^
Solicitor oe`os*=r�mwmamp P����«p�� H�/\
CACH, LLC
Case Number
vs.
Wayne Melnick(et a|.) 2014-3881
SHERIFF'S RETURN OF SERVICE
07/03/2014 08:40 PM-Deputy Jamie Di[Wmrde, being duly sworn according to law, served the requested Complaint&
Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Wayne Melnick at 1016 Hemlock Lane, East Pennsboro Township, Enola, PA 17025.
4e-rWA31-0 Cf‘ \ d� �
` ~ _
JA DIMARTLE, DEPUTY
07/03/2014 08:40 PM- Deputy Jamie DiK8mrtle, being duly sworn according to law, served the requested Complaint&
Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Sheri C Melnick at 1016 Hemlock Lane Unit 29, East Pennsboro TownshiEnol 17025.
�
' ��� /
� Vw— �� �m���....' __
J D|MARTLE, DEPUTY
SHERIFF COST: $60.95 SO ANSWERS,
C>���
�». ^ '
July 07, 2014 RRANDERSON. SHERIFF
, ,"v-t,/�o�"x`m��^ '=`
Law Firm of Allan C. Smith, P.0
Bucks County Office Center
1276 Veterans Highway, Suite E-1
Bristol, Pennsylvania 19007
888. 275.6399 II 215.428.0666
Attorney for Plaintiff
1014 JUL 21
,U BERLAD
pet/N$ YI_ NIA r
A/yl,�
CACH, LLC
Plaintiff,
vs.
•
•
: COURT OF COMMON PLEAS
. CUMBERLAND COUNTY,
PENNSYLVANIA
•
: DOCKET NO.: / '' 3g6
WAYNE S MELNICK AND SHERI C STIPULATION IN LIEU
MELNICK
OF JUDGMENT
Defendants.
The matter and things in controversy having been discussed by and between the parties, and a
resolution having been agreed upon:
.It is hereby STIPULATED:
1. Defendants(s) WAYNE S MELNICK AND SHERI C MELNICK agree to pay the sum of $11,714.15,
which sum Plaintiff agrees to accept in full resolution of its claim herein, inclusive of interest, counsel fees
and costs.
2. The sum shall be paid by Defendants to the attorney for the Plaintiff in the following manner:
a. One (1) payment of $1,500.00 due no later than July 18, 2014;
b. Thirty-four (34) monthly payments of $291.83 due no later than the 15th day of each subsequent
month beginning August 15, 2014 and continuing through May 15, 2017.
c. One (1) final payment of $291.93 due no later than June 15, 2017.
3. In the event of default, Plaintiff shall be entitled to obtain a judgment in the sum of $11,714.15 upon ex
parte application, giving Defendants credit for any sums actually paid pursuant the terms of this
Stipulation. Plaintiff's attorney will first contact Defendants' Attorney by writing to allow the defendant
reasonable time to cure and default.
We hereby consent to the form and entry of the within Stipulation.
For the Pin f:
ALLAN . SMITH, ESQ.
Dated: July 08, 2014
or the Defe I d. ts:
WAY ' SME
SHERI MELNICK
*
III
2 4 1
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