MY RESPONSE TO UNTRUE ALLEGATIONS
The Michael Byelick Story

UPDATE - 03/27/2010
Very educational day, interesting developments when it comes to Michael Byelick. First off, We found out his papers he served me with, you know the ones he actually said they were Answers to Summons on the envelop- and at the end of all the pages comes You are served! Then of course the summons appears. Well that case in Yuma Arizona is going to be Dismissed as The case has been put in Illinois by us Avian Elites/ Melissa Lee. Michael Byelick will have to deal with Illinois courts.

Two- Michael Byelick by sending those papers and placing on the envelop as he did Answers to Summons (A copy of the envelop is on the site) anyway Michael never has in of today's date 3-26-2010 has not put his answers in to the court house like stated. They were sent to me, And of course i gave a copy to our court house and they took a copy of the envelop that they were in when i signed for them.

I return from the court to find Michael Byelick's email which you can read as it is on the site.

Just incase anyone is confused Michael Byelick has redone his site since the court papers has gone in and a few days after he received a email from my webmaster telling him he was in violation of laws due to the pictures he stole and used from my site. Of course Michael played another one of his scamming games by saying it was not his site but he knew who it was. Didn't matter as we had proof it was his site as we have proof of everything that has happened from the beginning all the way up till today..
We will keep everyone posted to what happens. Thank You for all the emails and for everyone that is standing behind us in this matter. Hopefully this will come to an end as in of April 2, 2010 which is court date.

To Whom Ever Really Cares About The Truth And Facts between Michael Byelick http://www.md-savannah-cats.com and http://www.mdcigars.com or mikeb@mdcigars.com And Avian Elites/Melissa Lee http://www.avianelites.com.

Ok, Michael Byelick has decided to start a web page http://www.addsite101.com/avianelites/index.htm and try to discredit my name along with my business name Avian Elites or also spelled Avianelites. Amazing how some people can try and scam someone and then try to turn the blame back onto that person.

Basically this page has been created so everyone can see both sides (The Truth And The Outright Lies). I keep all emails pertaining to all deals i do. I have to, not only for reasons like this, but for tax purposes. (My husband taught me that one real quick.) Michael Byelick doesn't show you emails; He doesn't even talk about emails; And this deal was "all" done by email, no phone calls, no text , "Just Emails". Well, now you will see all emails so you can read them and make up your own mind. Any future emails or information I receive from this point will also be added to this web page.

The emails will show several things:

1- That Michael Byelick did indeed purchase the Lyons Intensive Care Unit/ Incubator. Look at the Pay Pal Emails. He started All communications with Pay Pal from the beginning; stating @ first, that he wanted me to pay him $100.00, even knowing there was $1200 insurance placed by me if this type of thing would happen during shipping. In his 2nd contact Michael Byelick stated he never authorized the purchase on his credit card through the Pay Pal website in the first place. (This was Michael Byelick's Pay Pal acct as well, not someone else's account he might have used for this transaction.)

The Lyons Intensive Care Unit - Original Condition

Please note, I have taken to stamping all my pictures with "AvianElites.com",
because people such as Michael are using my copyrighted images without my permission.

2nd- Michael Byelick claims on his web page against me that I am the one that scammed him instead of the other way around. ( Look at the pictures of the Lyons Intensive Care Unit that he sent me the day he received it. Then go to his web page and look at the ones he posted). (Meaning: The pictures are different, Totally different, than the ones he sent me claiming damages- to the pictures now on his page that he claims is the condition as how he received it.) It doesn't even look like the same machine.

I am not saying this machine was not damaged in transit, I am saying, I paid for $1200.00 of insurance with http://www.UPS.com. I do personally wonder though if this machine truly was damaged this bad during the shipping process. Let me also state, Michael has never sent me pictures of the box that the intensive care unit was shipped in. You would think if this machine was that damaged, the box would be falling apart. If the box was falling apart that bad, then UPS would have put their sticker on the box saying it was damaged during shipping. I don't know as I haven't seen the box, stickers or anything. According to UPS when I called, The Incubator made it safely, the box was not falling apart, and the machine parts were not falling out of the box.

3rd- Michael stated on his web page that he sent the Intensive Care Unit Back to me. If Michael did this, We have not received it! Plus if Michael did send it back he would have proof posted on his site showing he sent it back. Think about it, Doesn't matter who you use as a shipping company, UPS, Postal Service, Fed Ex etc you get tracking numbers, receipts, etc. ( You know Paperwork. )

4th- Michael stated on his web page That I complained to Pay Pal that I did not get paid or the return of the crap. That is not true. Again look at the emails from Pay Pal.
Both times he is the one that contacted them first. I received emails from Pay Pal and I sent what they were asking for. What was I supposed to do, let this guy make claims to pay pal stating he never made the purchase? If I let it go and did not anwser pay pal's emails, everyone knows that has a pay pal acct, Pay Pal will give him his money back. Why would I ship a free Lyons Intensive Care Unit to him? I'm sorry no. I am in business to help provide for my family, let alone I have a deep compassion for Eclectus Parrots along with the African Grey species.

5th- Michael states on his web page Quote: Not only that, they also slandered us on their website like we tried to rip them off! end Quote. I did not slander him as he claimed and I will tell you why. Check up the law. The only way I would have slandered him is if anything I stated on my website was a lie. It's not! Everything I have stated is the truth and I will keep stating the truth until Michael decides to stop his obsession/ harassment with me and my website.

I have gone years allowing others to talk about me and I just ignored them. I am done with that. If you want to lie about me, bring it on. We have courts. As well as, I have a website to post the truth, to let everyone make their own decision.

Last but not least, We will not even go into it at this moment of all the Federal and State laws he is not abiding by, just by having certain stuff up on this web page. We will go into that soon enough. So if you are interested in the outcome on all of this keep checking back.

1 more thing, Michael has on his web page i go by Noel Lee. That's Funny! My husband name is Noel Lee. Yes my husband has a pay pal acct that i used. I use to have one under only my name, but i never hardly used it so i canceled that acct and now when using E-Bay or Pay Pal we use his. When it comes to my email birdwoman34@msn.com goes the same. That email acct is for E-Bay and Pay Pal. My regular email acct that people email me on is avianelites@msn.com  It's been like that for years. Get Real, like having 2 email acct 's is against the law.

On to the Emails Enjoy Reading!

Michael initiated the exchange by inquiring about an incubator that I had listed on eBay, but not sold.
email 1

The listing had a minimum of $600.00, but Michael offered $400.00.
email 2

I replied that price was acceptable, if he would cover the shipping costs with UPS.
email 3

I told him the shipping would be $70.00, and he asked how heavy the unit was (presumably wondering why the shipping was that price level).
email 4

I replied that the box (when packed), would weigh about 15 pounds, that shipping would actually be around $120.00, but I was covering the difference for insurance.
email 5
Please note - as this point, he is aware that I will insure the unit against damage

He replied that he had sent the money through PayPal.
email 6

I got my confirmation email from PayPal
email 7

So, I emailed him that I would have UPS pick it up asap, hopefully that same day.
email 8

I informed Michael that UPS would actually pick it up the next afternoon, and I gave him the tracking number.
email 9

Here are the UPS shipping documents.
UPS Doc 1 - bill
UPS Doc 2 - receipt
Please note - the package is insured for $1,200.00 - the value of the unit when I bought it new

The trouble begins - I received an email from Michael complaining that the unit is broken and unusable.
email 10

These are the pictures Michael sent me to document the damage:
Pic 1
Pic 2
Pic 3

I replied that I had the pictures before shipping, and I would print them all out for UPS. Michael asked if he could have the unit repaired, and get a discount.
email 12

He also sent an email which states: "...maybe you can claim the insurance and I can still get it fixed and we will both come out ahead here..."
email 13

I told him twice that if the unit worked OK, fixing it might be acceptable, and I inquired as to how much that would cost.
email 14
email 15

He responded that it would cost about $100.00 to get it fixed.
email 16

I emailed him back to tell him I would contact UPS. I asked for his phone number so that UPS could arrange to come and pick the unit up, along with the box and shipping materials. I told him that once UPS picked it up, I would refund his money through PayPal.
He replied that really needed the unit, so he had given it to his friend to repair, anyways.
email 17

I also got new pictures of the damage.
Pic 4
Pic 5

I emailed to tell him that UPS had said they don't need the pictures, just the unit. He replied that he had already given the parts to his friend and paid a deposit to have it fixed.
email 19

I once again asked him for his phone number to arrange pickup of the unit for UPS. He replied that he was under the impression that I had OKed repair work, and that I would pay to help have it repaired.
email 20
Please note, at no time in the previous emails did I authorize repair - I had asked how much it would cost, and upon his reply that it would be $100.00, I decided it was better to go through UPS.

I explained that we didn't want to pay an additional $100.00 when we had already paid for insurance, and that UPS was willing to cover everything. I once again asked for his phone number so that UPS could come and collect the damaged goods.
He replied that "you guys told me to have it fixed", and if we didn't send him $95.00 to cover the cost of repairs, he was going to dispute the transaction with PayPal.
email 21

Here is where PayPal got involved. I received an email that Michael Byelick was disputing the payment, and requesting a $100.00 refund.
email 22
Please note, the entire amount of $470.00 has been deducted from my PayPal account while the dispute is being resolved

I refused to pay, and so we escalated the dispute to a claim status with PayPal.
email 23

I emailed everything I had to PayPal to document the claim. Michael Byelick bypassed the claim proceedings by filing a chargeback with his credit card issuer.
email 24
Please note - PayPal has decided in my favor, and I received the entire amount of $470.00.

I decided that in order to protect myself, I would have to change my policy. I would no longer be accepting credit cards or PayPal for payment, just cash and money orders. In order to explain the policy, I posted the short details of my experience with Michael Byelick. Again, everything I posted on my site can be documented by the emails I have posted here.
I received an email from Michael, threatening me with a lawsuit, and that he would post a website with his side of the story.
email 25
Please note - now he is claiming that HE RETURNED THE INCUBATOR UNIT. He has never documented this claim, we have never received it. His emails and his claim with PayPal indicate that he wanted money to cover the repairs, and that he went ahead with the repairs despite not getting my approval.