On April 10, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
Mynt Advance,
and
Jason Kyle Harter,
J&T Harter Enterprises, Llc,
Teresa Jean Harter,
for Special Proceedings - CPLR Article 75
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 606259/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/10/2024
ARBITRATION SERVICES, INC.
7600 JERICHO TURNPIKE, SUITE 402
WOODBURY, NY 11797
(516) 364-1730
www.ArbitrationServicesInc.com
__________________________________________________________________________Ç
MYNT ADVANCE, Case No. 2023156-R
Claimant,
- against -
J&T HARTER ENTERPRISES, LLC, TERESA JEAN
HARTER, and JASON KYLE HARTER,
Respondents.
__________________________________________________________________________Ç
AWARD
The undersigned Arbitrator, having been duly appointed, Finds and Concludes as follows:
1. Claimant filed with Arbitration Services, Inc. a demand for arbitration, a statement
of claim, a copy of an agreement by the parties to arbitrate, and proof of service of same upon
Respondents.
2. Arbitration Services, Inc. served Respondents with copies of the demand for
arbitration, the statement of claim, a copy of an agreement by the parties to arbitrate, and proof of
service of same by Claimant upon Respondents.
3. The undersigned Arbitrator is not aware of any conflict of interest.
4. Respondents are subject to the jurisdiction of this arbitration because they were
duly served by Claimant.
5. Respondents are in default for failure to answer.
6. Claimant submitted evidence and proof in support of its claims in the form of an
affidavit by its authorized representative verifying the statement of claim setting forth the facts
and basis of the claims and an affirmation from Claimant's counsel.
7. The undersigned Arbitrator has reviewed all evidence and proof submitted in this
case.
- 1 -
FILED: NASSAU COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 606259/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/10/2024
8. The parties entered into a valid agreement to have any dispute between them
resolved by arbitration to be administered by Arbitration Services, Inc. before a single arbitrator
under the Commercial Arbitration Rules.
9. Claimant has complied with any conditions precedent to the initiation of this
arbitration.
10. Claimant's claim is not time barred.
parties'
11. The agreement is enforceable.
parties'
12. The dispute is within the scope of their agreement.
13. The proof and evidence submitted supports the issuance of this Award.
14. The applicable substantive law supports the issuance of this Award.
15. Claimant and Respondent J&T Harter Enterprises, LLC ("J&T") entered into a
written contract, dated May 22, 2023, that was guaranteed by Teresa Jean Harter and Jason Kyle
Harter, under which Claimant paid J&T the sum of $15,000.00 ("Purchase Price") in order to
purchase $22,485.00 ("Purchased Amount") of J&T's future eceipts, which would be collected
by debiting 5.00% of the receipts from J&T's bank account until the full Purchased Amount would
be received.
16. Claimant paid the Purchase Price, less applicable contractual fees and deductions.
17. J&T Harter Enterprises, LLC breached the contract by defaulting on its obligations
to Claimant.
18. An Award is hereby made in favor of Claimant and against all Respondents, jointly
and severally, in the sum of $13,927.20 with interest thereon at a rate of 18% per annum from
September 2023in the sum of -Vf 3 ,4 / of this arbitration in the
27, $ , the costs sum of
attorneys'
$175.00, and reasonable fees in the sum of $3,481.80, all of which are authorized by
the agreement between the parties, for a total of $ 0.'7, / .
F7, *
- 2 -
FILED: NASSAU COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 606259/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/10/2024
I hereby affirm under the penalties of perjury that I have served as Arbitrator in this matter
parties'
in accordance with the terms of the agreement and the Commercial Arbitration Rules of
parties'
Arbitration Services, Inc. and that this Award was made within the time fixed by the
agreement, and I hereby certify that the award has been duly delivered to each party or its counsel
in accordance with the terms of the arbitration agreement.
Date of Award: (s: / & , 20 Çf
Arbitrator's Name: 4)4 · ftl Ù n 639---
Arbitrator's Signature: tw
A copy of this Award was mailed to each party or its counsel.
Date of Mailing: 20 O 2 3
Sender's Signature
- 3 -
Document Filed Date
April 10, 2024
Case Filing Date
April 10, 2024
Category
Special Proceedings - CPLR Article 75
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FILED: NASSAU COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 606259/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/10/2024 ARBITRATION SERVICES, INC. 7600 JERICHO TURNPIKE, SUITE 402 WOODBURY, NY 11797 (516) 364-1730 www.ArbitrationServicesInc.com __________________________________________________________________________Ç MYNT ADVANCE, Case No. 2023156-R Claimant, - against - J&T HARTER ENTERPRISES, LLC, TERESA JEAN HARTER, and JASON KYLE HARTER, Respondents. __________________________________________________________________________Ç AWARD The undersigned Arbitrator, having been duly appointed, Finds and Concludes as follows: 1. Claimant filed with Arbitration Services, Inc. a demand for arbitration, a statement of claim, a copy of an agreement by the parties to arbitrate, and proof of service of same upon Respondents. 2. Arbitration Services, Inc. served Respondents with copies of the demand for arbitration, the statement of claim, a copy of an agreement by the parties to arbitrate, and proof of service of same by Claimant upon Respondents. 3. The undersigned Arbitrator is not aware of any conflict of interest. 4. Respondents are subject to the jurisdiction of this arbitration because they were duly served by Claimant. 5. Respondents are in default for failure to answer. 6. Claimant submitted evidence and proof in support of its claims in the form of an affidavit by its authorized representative verifying the statement of claim setting forth the facts and basis of the claims and an affirmation from Claimant's counsel. 7. The undersigned Arbitrator has reviewed all evidence and proof submitted in this case. - 1 - FILED: NASSAU COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 606259/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/10/2024 8. The parties entered into a valid agreement to have any dispute between them resolved by arbitration to be administered by Arbitration Services, Inc. before a single arbitrator under the Commercial Arbitration Rules. 9. Claimant has complied with any conditions precedent to the initiation of this arbitration. 10. Claimant's claim is not time barred. parties' 11. The agreement is enforceable. parties' 12. The dispute is within the scope of their agreement. 13. The proof and evidence submitted supports the issuance of this Award. 14. The applicable substantive law supports the issuance of this Award. 15. Claimant and Respondent J&T Harter Enterprises, LLC ("J&T") entered into a written contract, dated May 22, 2023, that was guaranteed by Teresa Jean Harter and Jason Kyle Harter, under which Claimant paid J&T the sum of $15,000.00 ("Purchase Price") in order to purchase $22,485.00 ("Purchased Amount") of J&T's future eceipts, which would be collected by debiting 5.00% of the receipts from J&T's bank account until the full Purchased Amount would be received. 16. Claimant paid the Purchase Price, less applicable contractual fees and deductions. 17. J&T Harter Enterprises, LLC breached the contract by defaulting on its obligations to Claimant. 18. An Award is hereby made in favor of Claimant and against all Respondents, jointly and severally, in the sum of $13,927.20 with interest thereon at a rate of 18% per annum from September 2023in the sum of -Vf 3 ,4 / of this arbitration in the 27, $ , the costs sum of attorneys' $175.00, and reasonable fees in the sum of $3,481.80, all of which are authorized by the agreement between the parties, for a total of $ 0.'7, / . F7, * - 2 - FILED: NASSAU COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 606259/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/10/2024 I hereby affirm under the penalties of perjury that I have served as Arbitrator in this matter parties' in accordance with the terms of the agreement and the Commercial Arbitration Rules of parties' Arbitration Services, Inc. and that this Award was made within the time fixed by the agreement, and I hereby certify that the award has been duly delivered to each party or its counsel in accordance with the terms of the arbitration agreement. Date of Award: (s: / & , 20 Çf Arbitrator's Name: 4)4 · ftl Ù n 639--- Arbitrator's Signature: tw A copy of this Award was mailed to each party or its counsel. Date of Mailing: 20 O 2 3 Sender's Signature - 3 -