HomeMy WebLinkAbout10-1982YTI York Career Institute, IN THE COURT OF COMMON PLFtAS (g
Plaintiff, CUMBERLAND COUNTY, PENNSSYLV. xvI
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v. CIVIL ACTION - LAW
MATTHEW HARTWELL, NO.: O - ?98a W i lpr? _° 't
Defendant.
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NOTICE
You have been used 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, be 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
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.
MidPenn Legal Services
401 E. Louther Street, Suite 103
Carlisle, Pennsylvania 17013
(717) 243-9400
(a)
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YTI York Career Institute, IN THE COURT OF COMMON PLEAS OF
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
MATTHEW HARTWELL, NO.:
Defendant.
COMPLAINT
AND NOW comes Plaintiff by and through its attorney, Stephen J. Barcavage, Esquire
and respectfully makes its Complaint as follows:
Plaintiff, YTI York Career Institute, is an institute organized and existing under
the laws of the Commonwealth of Pennsylvania located at 401 East Winding Hill Road,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant, Matthew Hartwell, is an adult individual residing at 4270 Mount
Pisgah Road, York, York County, Pennsylvania 17406
3. On or about August 4, 2004, Matthew Hartwell enrolled into YTI York Career
Institute.
4. Defendant signed his name to the two (2) Retail Installment Contracts
unconditionally guaranteeing to Plaintiff the prompt payment when due of all Defendant's
obligations to Plaintiff under the Retail Installment Contracts. True and correct copies of both
Retail Installment Contracts are attached hereto as Exhibit "A".
Pursuant to the terms of the Retail Installment Contract dated August 2, 2004,
Defendant agreed to pay Plaintiff the sum of $217.96 per month for 60 months. A true and
correct copy of the Retail Installment Contract is attached hereto as Exhibit "A".
6. Pursuant to the terms of the Retail Installment Contract dated April 3, 2006,
Defendant agreed to pay Plaintiff the sum of $442.27 per month for 44 months. A true and
correct copy of the Retail Installment Contract is attached hereto as Exhibit "A".
7. The prices Plaintiff charged Defendant for the enrollment into the Institute
specified in the Retail Installment Contract are reasonable and are Plaintiff's usual and
customary charges for the education provided.
8. Plaintiff rendered services to Defendant with the reasonable expectation that
payment for such services would be made by the party benefited.
9. In breach of the Retail Installment Contracts, Defendant has failed to comply and
has refused to make timely monthly tuition payments.
10. Plaintiff has credited Defendant's account with all monies received on the
account.
11. Pursuant to the "Late Charges" paragraph of the Retail Installment Contracts
signed by Defendant and attached hereto as Exhibit "A", Plaintiff reserves the right to assess
applicable late charges.
12. After all applicable late charges have been applied to the Defendant's past due
account, the current balance owed to Plaintiff by Defendant is a sum of $13,349.44.
13. On or about April 2, 2009, Plaintiff's attorney sent correspondence to Defendant
offering another opportunity for Defendant to pay the debt owed to Plaintiff, however said
correspondence went unacknowledged. A true and correct copy of said correspondence is
attached hereto as Exhibit "B".
14. Should Defendant not be held liable to Plaintiff for payment of the aforesaid
services rendered, Defendant would be unjustly enriched at Plaintiff's expense by having
received services without paying for the services rendered.
15. Pursuant to the "Default" paragraphs in the Retail Installment Contracts and
attached hereto as Exhibit "A", Plaintiff reserves the right to seek litigation expenses from
Defendant.
16. Plaintiff avers that the amount claims due does not exceed the jurisdictional
amount requiring arbitration referral under local rule.
WHEREFORE, Plaintiff prays your Honorable Court to enter Judgment in its favor and
against Defendant, Matthew Hartwell in the amount of $13,349.44 along with any additional
applicable costs and interests plus the costs of this proceeding.
Date: 1// 7?
RESPECTFULLY SUBMITTED:
S BARCAVAGE, ESQUIRE
200 mglestown Road, Suite 303
Harrisburg, PA 17110
(717) 909-2500
VERIFICATION
I, L'!?ornr3rL? "q YE S the mAn,g tr or CollccA"s of YTI York Career Institute
verify that the statements made in this Complaint are true and correct to the best of my
knowledge, information and belief and that I am authorized to make this Verification on behalf
of YTI York Career Institute. I understand the false statements made herein are subject to the
penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
By:
Dat(
YTI York Career Institute
EXHIBIT A
RETAIL INSTALLMENT CONTRACT
Hartwell Matthew
Primed Name of Buyer
Account: EEEEMMUMM
200-70-7494 REFI CSE0410
SSN, SMr, Tax ID IdentHlcagon Number
-4270 Mount Pisgah Rd York PA 17402
Address Apt. city (PteaseDon'tAbbreviate) StalerProv Zip/ftstal Code
Home Phone Work Phone cowpager
DESCRIPTION OF COURSE, GOODS ANDIOR SERVICES
ITEMIZATION OF THE AMOUNT FI
(1) Cash Price
(2) (+) NANCED
$ 14,898.59
$ .00
(3) (+) $ .00
(4) Total Cash Price (1) + (2) + (3) $ 14,898.59
(5) Cash Down Payment $ .00
(6) Unpaid Cash Price (4) - (5) $ 14,898.59
(7) (-) $ .00
(8) (-) $ .00
(9) Amount Financed (6) - (7) - (8) 14,898.59
In this retail installment contract (Note), the words I, me, mine, and my mean each
and all of those who signed it as Buyer and Co-Buyer (where applicable). The
words you, your, and yours mean the Seiler indicated below or anyone legally
entitled to receive payments from me.
PROMISE TO PAY: I promise to pay the Total of Payments in the number
and amount of installments and on the dates as shown below at your address, or to
the address of anyone legally entitled to receive such payments. This Note is part of
and Is subject to the terms and conditions contained In any written agreement
between Buyer and Seller made in connection with this Note. All amounts are shown
and payable in legal money of the United States.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS
SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD
ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED
PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY
HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE
DEBTOR HEREUNDER.
(9) Amount Financed 0 NAN (11) Total of Payments (12) Total Sale Price A NU PERCENTAGE RATE
The amount of credit The dollar amo The amount i will have paid The total cost of my purchase The cost of my credit as a yearly
provided to me or on my will co after 1 have made all on credit, including my down rate
behalf 71 payments as scheduled payment of
(5) $ .00
$ 14,898.59 $ {9) + (10) $ 19,459.88 (5) + {11) $ 19,459.88
; 15.000 %
MY PAYMENT SCHEDULE WILL BE:
Number of Amount of each
payments payment Payments are due monthly, the same
day of each month beginning:
APR
44 $ 442.27 May 01, 2006 15.000%
$
$ %
$ %
Date of Note A 3, ZU 6?' t L) b y 1 1_
Seller OR T t:AL I PITLITE
9iZf? ? /SLT?f • a s ?•?.
Signature of SelleesAuthorized Representative
DEFAULT: I will be in default if I don't fully pay any Instalment on
time. You may then demand the unpaid balance, earned finance charge, plus any
attorney fees, collection fees, expenses of collection, court fees and Interest as
allowed by taw.
LATE CHARGE: if any part of a payment is more than 10 days late I
may be charged the lesser of 10% of the payment, $10.00, or up to the highest
amount allowed by law. See the Note below for any additional Information about
nonpayment, default, any required payment in full before the scheduled date, and
prepayment refunds and penalties.
MOUNT FINANCED: The amount financed will be applied to my account.
PREPAYMENT: I may pay my balance due in full any time without
penally. My account will be credited for the unearned finance charge, calculated by
the actuarial method. The words "paid In full" or any other restrictive endorsements
will not have any effect on my account. If any of my payments are not honored by
my bank I may be charged $20 or up to the highest amount allowed by law.
COMMENCEMENT OF FINANCE CHARGE: The finance charge will begin to
accrue one calendar month prior to the first payment date.
1405 WILLIAMS ROAD SUBSTITUTION: The Seller reserves the right to substitute services
Seger Address and/or merchandise of equal or superior value.
YORK, PA 17402 CREDIT INFORMATION: You may Investigate m credit hist
sellerQ'ty, StaterProvand77 ostst e Y aY and furnish
information concerning myself and this Note to any person or firm who may lawfully
BY SIGNING THIS NOTE BELOW,1 ACKNOWLEDGE RECEIPT receive such Information.
OF A TRUE, COMPLETELY FILLED IN COPY OF THIS NOTE. INVALID PART OF NOTE: If any part of this Note is Invalid under the law you will
not lose any of your rights as to the other parts of this Note.
Buyer TRANSACTION VALIDITY, It is anticipated that this note will be transacted through
Signature of Buyer TFC Credit Corporation UPC). Prospective assignees are advised to call TFC at
Co-Buyer (800) 832-2733 prior to accepting assignment.
Signature or Co-Printed Name of Co-Buyer
Co-Buyer Address Apt.
Co-Buysr City, Stale/Prov and ZiprPostat Code
Co-Buyers Home Prone Co-Buyer's SSN, SIK Tax to
NOTICE TO THE BUYER: 1. DO NOT SIGN THIS CONTRACT BEFORE YOU
READ IT OR IF IT CONTAINS ANY BLANK SPACE. 2. YOU ARE ENTITLED TO
A COMPLETELY FILLED-IN COPY OF THIS CONTRACT WHEN YOU SIGN IT. 3.
UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE
FULL AMOUNT DUE AND TO OBTAIN A PARTIAL REFUND OF THE FINANCE
CHARGE. 4. IF YOU DESIRE TO PAY OFF IN ADVANCE THE FULL AMOUNT
DUE, THE AMOUNT OF THE REFUND YOU ARE ENTITLED TO, IF ANY, WILL
BE FURNISHED UPON REQUEST.
Co-Buyers Work Phone co-Buyers E-Mal FORM 983 REV 08.03 Copyright (c)1995-2003, TFC Credit Corporation, AN Rights Reserved
RETAIL INSTALLMENT CONTRACT
Matthew Hartwell
Printed Nacre of Buyer
Account: oaa10 a #A 0
200.70-7494 CSE0410
SSN, $IN, Tax ID identi8callon Number
4270 Mount Pisgah Rd York 17402
Address Apt. City (Please Don t Abbrevlaro) Stsf oV p/Patal
717-417-1419
Home Phone Work Plane Celt/Pager VIA A
DESCRIPTION OF COURSE. GO ODS AND/OR SERVICES In this retail Installment contract (Note), the mean each
CSE0410 and all of those who signed it as Buyer and Co-Buyer (where applicable). The words
you, your, and yours mean the Seller indicated below or anyone legally entitled to
ITEMIZATION OF THE AM OUNT FINANCED receive payments from me.
(i) Cash Price $ 9
162
00 PROMISE TO PAY: I promise to pay the Total of Payments in the number
,
. and amount of Installments and on the dates as shown below at your address, or to
(2) (+) $ .00 the address of anyone legally entitled to receive such payments. This Note Is part of
(3) (+) $ ,00 and is subject to the terms and conditions contained In any written agreement
(4) Total Cash Price (1) + (2) + (3) $ 9,162.00 between Buyer and Seller made in connection with this Note. All amounts are shown
and payable In legal money of the United States.
(5) Cash Down Payment $ .00
(6) Unpaid Cash Price (4) - (5) $ 9,162,00 NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS
(7) () $ 00 SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD
ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED
$ •00 PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY
(9) Amount Financed (6) - (7) - (8) $ 9,162.00 HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE
DEBTOR HEREUNDER.
(9) Amount Financed FINANCE CHARGE (11) Total of Payments (12) Total Sate Price ANNUAL PERCENTAGE RATE
The amount of credit mount the credit
dollar The amount I will have paid The total cost of my purchase The cost of my credit as a yearty
provided to me or on my ost me after t have made all on credit, including my down rate
behalf E payments as scheduled payment of
(5) $ .00
$ 9,162.00 3,915.60 (9)+(10)$ 1 3,077.60 (5)+(11)$ 13,077.60 15.000 %
MY PAYMENT SCHEDULE WILL BE
Number of Amount of each
payments payment Payments are due monthly, the same
day of each month beginning:
APR
60 $ 217.96 Oct 01, 2004 15.0000/0
$
$ %
Date of Note A14 3 t2,1Ad4
)t `• , ,:
71zof Qidhnicallnsiitute
Iter s Aulhorhed Representative
1405 Williams Rd
Seller Address
York, PA 17402
Seiler city, Slelwrov and ZIWPoslel Code
BY SIGNING THIS NOTE BELOW, I ACKNOWLEDGE RECEIPT
OF A TRUE, COMP ?TELYLED IN COPY OF THIS NOTE.
Buyer
Signature of Buyer
Co-Buyer
Signature of Co-Buyar
DEFAULT: I will be in default if I don't fully pay any Installment on
time. You may then demand the unpaid balance, earned finance charge, plus any
attorney fees, collection fees, expenses of collection, court fees and Interest as
allowed by law.
LATE CHARGE: If any part of a payment Is more than 10 days late I
may be charged the lesser of 10°h of the payment, $10.00, or up to the highest
amount allowed by law. See the Note below for any additional Information about
nonpayment, default, any required payment in full before the scheduled date, and
prepayment refunds and penaRles.
AMOUNT FINANCED; The amount financed will be applied to my account.
PREPAYMENT: I may pay my balance due In full any time without
penalty. My account will be credited for the unearned finance charge, calculated by
the actuarial method. The words 'paid in full' or any other restrictive endorsements
will not have any effect on my account. If any of my payments are not honored by my
bank I may be charged $20 or up to the highest amount allowed by law.
COMMENCEMENT OF FINANCE CHARGE The finance charge will begin to
accrue one calendar month prior to the first payment date.
SUBSTITUTION: The Seller reserves the right to substitute services
and/or merchandise of equal or superior value.
CREDIT INFORMATION: You may investigate my credit history and furnish
information concerning myself and this Note to any person or firm who may lawfully
receive such information.
INVALID PART OF NOTE: If any part of this Note is invalid under the law you will
not lose any of your rights as to the other parts of this Note.
TRANSACTION VALIDITY: It is anticipated that this note will be transacted through
TFC Credit Corporation (TFC). Prospective assignees are advised to call TFC at
(800) 832-2733 prior to accepting assignment.
ADDENDUM TO ENROLLMENT AGREEMENT
Printed Name of Co-Buyer
Co-Buyer Address Apt.
CO-Buyer 'ty. StatefProv and ZIPIPostal Code
CO'butwa Horns Phone Co-Buyees SSN, SIN, Tax 1D
NOTICE TO THE BUYER: 1. DO NOT SIGN THIS CONTRACT BEFORE YOU
READ IT OR IF IT CONTAINS ANY BLANK SPACE. 2. YOU ARE ENTITLED TO
A COMPLETELY FILLED-IN COPY OF THIS CONTRACT WHEN YOU SIGN IT. 3.
UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE
FULL AMOUNT DUE AND TO OBTAIN A PARTIAL REFUND OF THE FINANCE
CHARGE. 4. IF YOU DESIRE TO PAY OFF IN ADVANCE THE FULL AMOUNT
DUE, THE AMOUNT OF THE REFUND YOU ARE ENTITLED TO, IF ANY, WILL
BE FURNISHED UPON REQUEST.
CO-Mi-s's Wodc Phone co-auyaes E-mail FORM 983 REV 08.03 Copyright (c)1995.2003. TFC Credl Corporation. All Rights Reserved
EXHIBIT B
OWENS BARCAVAGE &, MCINROY, LLC
ATTORNEYS-AT-LAW
Matthew L. Owens
Stephen J. Barcavage
Geoffrey S. McInroy
2000 Linglestown Road
Suite 303
Harrisburg, Pennsylvania 17110
telephone 717-909-2500
facsimile 717-909-2504
www.CentralPa.Attorneys.com
Direct Dial: 717-909-2502
Email: sjbarcavage.obm@comcast.net
April 2, 2009
Matthew Hartwell
4270 Mount Pisgah Road
York, PA 17406
RE: YTI York Career Institute
Amount Due: $13,349.44
Our File No. C-39-2009
Dear Mr. Hartwell:
Please be informed that the above-referenced client has turned your account over to this office for
collection. We wish to afford you an opportunity to clear up this matter.
Unless you notify this office within thirty (30) days after receiving this notice that you dispute the
validity of the debt or any portions thereof, this office will assume this debt is valid. If you notify this office in
writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or
obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request this office in
writing within thirty (30) days after receiving this notice, this office will provide you with the name and address
of the original creditor, if different from the current creditor.
If the debt is not disputed, payments made on this account should be remitted directly to this office. A
twenty-dollar service charge will be imposed on checks not honored/returned to us by your bank.
The purpose of this communication is to collect a debt and any information obtained will be used for
that purpose. This communication is from a debt collector.
Very trur ly yours,
J.BARCAVAGE
SJB/kes
OF CUM
David D. Buell i4 e P Renee K, Simpson
Prothonotary � , y 15` (Deputy Prothonotary
o Y__ ;� z
vo
�irkS. Sohonage, ESQ 'r ` y Irene E. Morrow
Solicitor 1750 211d Deputy Prothonotary
Office of the Prothonotary
Cumberland County, Pennsylvania
JO '--f Qe L CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER, 2013, 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 • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • c'ax(717)240-6573