HomeMy WebLinkAbout13-6831 OUR FILE NO. 00- 87160 -0
i ' S
Supreme Co ` ' ; ennsylvania
Con &C &,m m leas For Prothonotary Use Only:
t Docket No:
r ' 131fLA County l 2 3
K....=r`
The information collected on this form is used solely court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required bylaw or rules of court.
Commencement of Action:
S l Complaint El Writ of Summons El Petition
E QQ Transfer from Another Jurisdiction Declaration of Taking
C Lead Plaintiff s Name: Lead Defendant's Name:
AMERIFIRST HOME IMPROVEMENT FINANCE CO. KELAH STARNER
T
Dollar Amount Requested: Swithin arbitration limits
Y Are money damages requested? Yes No
0 (check one) E]outside arbitration limits
N Is this a Class Action Suit? [:I Yes El No Is this an MDJAppeal? Ej Yes El No
A Name of Plaintiff/Appellant's Attorney: ALICIA M. SANDOVAL, ESQUIRE /STEPHEN H. BARRETT, ESQUIRE
Check here if you have no attorney (are a 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 one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
El Intentional 0 Buyer Plaintiff Administrative Agencies
El Malicious Prosecution 0 Debt Collection: Credit Card El Board of Assessment
-! Motor Vehicle 0 Debt Collection: Other 0 Board of Elections
0 Nuisance BREACH OF CONTRACT l =.i Dept. of Transportation
S E] Premises Liability Ej Statutory Appeal: Other
® Product Liability (does not include
E mass tort) Employment Dispute:
Slander/Libel/ Defamation Discrimination
C Other: El Employment Dispute: Other El Zoning Board
T Other:
I Q Other:
O MASS TORT
El Asbestos
N E] Tobacco
[j Toxic Tort - DES
0 Toxic Tort -Implant Toxic Waste REAL PROPERTY MISCELLANEOUS
0 Other: 0 Ejectment F1 Common Law /Statutory Arbitration
0 Eminent Domain/Condemnation Ej Declaratory Judgment
E-' Ground Rent 0 Mandamus
0 Landlord/Tenant Dispute E] Non - Domestic Relations
Q Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY El Mortgage Foreclosure: Commercial El Quo Warranto
El Dental 0 Partition ! ! Replevin
El Legal E] Quiet Title El Other:
Q Medical Other:
El Other Professional:
Updated I 1112011
MATTLEMAN, WEINROTH & MILLER, P.C.
By: Stephen H. Barrett, Esquire, PA# 313709 LIF Th G � j't '+
By: Alicia M. Sandoval, Esquire, PA# 311874 r
401 Route 70 East, Suite 100 RI! F� �: f
Cherry Hill, NJ 08034 C(,'Pi�'� � ���� COUI'� 1 �
'
(856) 429- 5507
Attorneys for Plaintiff LVANIA
Our File No.: 00- 87160 -0
AMERIFIRST HOME IMPROVEMENT COURT OF COMMON PLEAS
FINANCE CO. assignee of Diamond Cumberland County
Industries, Inc -364
11171 Mill Valley Road
Omaha, NE 68154
Plaintiff,
....................................................................... ............................... i.......................... ...............................
rn ........ / ...........................
vs. No.: .......�..... .. ........... V. � . ...............................
KELAH STARNER "ARBITRATION MATTER
200 McLand Road ' ASSESSMENT OF DAMAGES
Mt Holly Spring, Pennsylvania 17065 HEARING NOT REQUIRED"
Defendant.
CIVIL ACTION COMPLAINT
CIVIL ACTION: (1. CONTRACT)
1060 - Contracts for Goods, Enforcement of Accounts
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 a judgment may be entered against you by the court without further notice for any money 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.
AVISO
Le han demandado a usted en la corte. Si usted quiere defenders de estas demandas expuestas en las paginas siguientes, usted
tiene veinte (2) dias de plazo al partlr de la fecha de la demanda y la notificacion. Hace falta ansentar una comparesencia escrita o
en persona o con un abogado'y entragar a la corte wn forma escrita sus defensas o sus objeciones a las demandas en contra de
su persona. Sea avisado que si usted no se defiende, la coret tomar' medidas u puede continuar is demanda en contra suya sim
previo aviso o notificacion. Ademas, la corte puede decidir a favor del emandante y requiere que usted cumpla con todas las
provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importsntes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A
LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN
ABOGADO.
SI LISTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION
SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O
GRATUITO.
Cumberland CountyBAR ASSOCIATION /Lawyer Referral Service- DS
32 S. Bedford Street
Carlisle, PA 17013 In n � � 16 9 �s
Tel: 717 - 249 -3166 a V`
# )0j 83
MATTLEMAN, WEINROTH & MILLER, P.C.
By: Stephen H. Barrett, Esquire, PA# 313709
By: Alicia M. Sandoval, Esquire, PA# 311874
401 Route 70 East, Suite 100
Cherry Hill, NJ 08034
(856) 429 -5507
Attorneys for Plaintiff
Our File No.: 00- 87160 -0
AMERIFIRST HOME IMPROVEMENT :COURT OF COMMON PLEAS
FINANCE CO., assignee of Diamond Cumberland County
Industries, Inc -364
11171 Mill Valley Road
Omaha, NE 68154
Plaintiff,
....................................................................... .... ........................... ....................................................................... ...............................
vs. No.:
................................................................................................................................................................ ........... .. .................. ......... ..
KELAH STARNER
200 McLand Road
Mt Holly Spring, Pennsylvania 17065
CIVIL ACTION COMPLAINT
Defendant.
1. Plaintiff, AMERIFIRST HOME IMPROVEMENT FINANCE CO., assignee of Diamond
Industries, Inc -364, with an office located at 11171 Mill Valley Road, Omaha, NE
68154, by way of Complaint against the above named Defendant says:
2. The Defendant, KELAH STARNER, is an adult individual residing at 200 McLand Road,
Mt Holly Spring, Pennsylvania 17065.
3. On or about August 31, 2007, the Defendant executed and delivered to Diamond
Industries, Inc -364 a Home Improvement Retail Installment Contract (herein
"Contract ") under the account XXXXX3892. The sum of $13,000.00 was financed with
an interest of 13.12 %. (See Exhibit "A ").
4. The Contract was assigned to Amerifirst Home Improvement Finance Co. on or about
August 31, 2007. (See Exhibit "B ").
5. Under the terms of the Contract, the Defendant was required to make prompt and
regular payments. Namely 120 consecutive payments in the amount of $195.03 each
month.
6. The Contract is in default due to the failure of the Defendant to make monthly
payments as they became due and owing, Defendant's last payment was made on
July 26, 2010.
The following amounts are due:
Principal balance $ 12,073.83
Interest as of 8/28/13 $ 5,257.34
Attorney's fees $ 2,414.77
TOTAL $ 19,745.94
Plus interest from 8/29/13 at the rate of $4.34 per day.
7. According to the Additional Terms and Conditions of the Contract, which is attached
hereto and was agreed to by Defendant STARNER, if the buyer is in default, buyer
agreed to pay reasonable attorney's fees.
WHEREFORE, Plaintiff, demands Judgment against the Defendant in the amount of
$19,745.94 together with interest from 8/29/13 at the rate of $4.34 per day and costs of suit.
MATTLEMAN, WEINROTH & MILLER, P.C.
Dated: By: 7v A
Stephen . Ba rett, Esquire, PA# 313709
Alicia M. oval, Esquire, PA# 311874
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
1. This communication is from a debt collector.
2. This is an attempt to collect a debt and any information obtained will be used for that
purpose.
3. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after
receipt of this notice, the debt will be assumed to be valid by our offices.
4. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any
portion thereof, is disputed, our offices will provide you with verification of the debt or copy
of the Judgment against you, and a copy such verification of the debt of copy of the
Judgment against you and a copy of such verification or Judgment will be mailed to you by
our offices.
5. Upon written request, within 30 days, this office will provide you with the name and address
of your original creditor concerning this debt, if different from the current creditor.
PAULA LITTLE, states that she is a representative for AMERIFIRST HOME
IMPROVEMENT FINANCE CO., Plaintiff herein; that she is acquainted with the facts set forth
in the foregoing Complaint; that the same are true and correct to the best of her knowledge,
information and belief; and that this statement is made subject to the penalties of 18 Pa.C.A.
section 4904 relating to unsworn falsification to authorities.
Date:
PAULA LITTLE
• tit .
g 40
AFFIDAVIT FOR PETITION ON A SWORN ACCOUNT
THE STATE OF NEBRASKA
THE COUNTY OF DOUGLAS
BEFORE ME, the undersigned authority, on this day personally appeared the
undersigned affiant, who being duly sworn, on oath stated:
1. My full name is PAULA LITTLE."
"2. I am employed by the Plaintiff, AmeriFirst Home Improvement Finance Co.,
(here in after referred to as the Plaintiff) and I have care, custody, and control of all
records concerning the amount of the Defendant(s):
KELAH STARNER
[here in after referred to as the Defendant(s)]."
"3. These records show that a total principal balance on account $12,073.83,
interest of $5,257.34 as of 08/28/13 is DUE and PAYABLE by the Defendant(s), to the
Plaintiff. The last posted payment was made on 07/26/10 in the amount of $90.00.
Interest continues to accrue at the rate stated in the contract. Plaintiff is entitled to
recover all reasonable attorney fees and court costs incurred in this action."
"4. Copy of Defendant's contract, is to be attached to Plaintiff's original petition,
and is within my knowledge just and true. The total amount of the account is due
Plaintiff by Defendant(s), and all just and lawful offsets, payments, and credits have been
allowed." r'
Affiant: Pau " Li
Legal Team Leader
SUBSCRIBED AND SWORN to me this 28 day of August, 2013, and I certify that
under the laws of the State of Nebraska, I am authorized to administer oaths.
rhADM
ary Public in and for Douglas County, Nebraska General Notary • Srate of Nebraska
CRISSA M. SNIDER
MY Comm. Exp. May 9, 2017.
11 EXH
I
g716�
PENNSYLVANIA
HOME IMPROVEMENT RETAIL INSTALLMENT CONTRACT
BUYER NAMEITELEPHONE NUMBER GO -BUYER NAMErrELEPHONE NUMBER
Kelah Starner 226 -9236
STREET ADDRESS STREETADDRESS
200 McLand Rd
CITY 57ATE ZIP CO DE CITY STATE ZIP CODE
Ho
SELLER/CONTRACTORICREDITOR - NAME. ADDRESWELEPHONE NUMBER LICENSE NUMBER CONTRACT DATE
DIAMOND INDUSTRIES, INC - -364
3200 48TH ST !1 -3 _ O
PENNSAUKEN, NJ 08109 (088) 224-2217 SALESMAN LICENSE NUMBER 0
Description of Goods/Services Purchased:
urrorwo -
dd ImaxomW �OFAPRM.Z1
aorr
FE DERA TRUTH -IN- LENDING DISCL Mr ' OMEyjrD° " fO " Mf° "'� "'�"
e1r><trroen+rw FtwnMCt�orwrt....
FINANCE CHARGE Amount Financed T�
C PER CENTAGE The dollar amount the cred The amount of credit The �,
rThe ost o f your credit will cost you. provided to you or on paid after you have made purchase on credit,
yearly rate, your behalf. all scheduled payments. including your down
payment of $ 0.00
13.12 10403.60 a 13000.00 23403.60 a 23403.60 e
c ule will be
Numb f P ar
MONTHLY, beginning 1 month(s) after substantial completion of our
perfo ance (substantial mpletion of our performance is estimated to be
? G (e) and continuing on the same day of each
120 195.03 ollowln month until ful aid.
Security: 0 You are giving a security interest in the goods or property being purchased.
0 You are giving a security interest in the form of a Mortgage on y 9 W house and property located at the address
where the goods/services are being provided or installed. Buye Co -Buyer
Late Charge: If any payment is more than 10 days late, you may be charged the lesser of $10.00 or 5% of the payment.
Prepayment: If you pay off early, you will not have to pay a penalty.
Buyer should refer to the appropriate clauses on all pages of this Contract for information regarding nonpayment, the Seller's right
t o accelerate the maturity of this obligation, prepaymen r and penalties. a means an estimate
The words "Buyer, "you and "your" used in this Contract mean each person who ITEMIZATION OF AMOUNT FINANCED
signed this Contract as a buyer or co- buyer. The words "Seller, "Contractor, "Creditor
mean the Seller or arryone to whom the Seller has transferred this Contract. Seller has Cash Price 13000.00
computed your payment schedule on the assumption that you will make each payment $ A
en it is due. You agree to pay Seller the Amount Financed as shown above and the Cash Down Payment ( -)$ 0.00 B
unpaid parts of the Finance Charge according to the payment schedule plus any Unpaid Balance of Cash Price (A -B) $ 13000.00 C
charges and fees which may occur from your failure to pay as scheduled. Seller will Other Charges
apply each payment first to the Finance Charge Seller has earned on the Amount
Financed as of the date of your payment, then to reduce the unpaid balance of the To Public Officials ( +)$ 0.00
Am ount Financed and to the other amounts due. If you pay earty or late, the Finance To Appraiser ( +)$ 0.00
Charge Seller will have earned will be different from the payment schedule. As a result, To Seller's Agent for Notary ( +)$ 0.00
Seller will adjust your final payment up or down to make up for any difference. The To 1st NEB Mortgage for Title ( + }$ 0.00
Buyer and Seller agree to the additional terms and covenants set forth on page 2 of this
d ocument, which all parties agree shall constitute a part of this Contract. To Amerifirst for Prep of Documents ( +)$ 0.00
Total Other Charges ( +)$ 0.00 D
Property Insurance may be obtained from anyone Buyer chooses. Amount Financed (C +D) (+ }$ 13000.00 E
NOTICE: SEE ALL FOUR (4) PAGES OF THIS CONTRACT FOR IMPORTANT INFORMATION.
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE.
CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT.
Buyer a Seller have read and hereby agree to all of the terms and conditions of this Contract.
LLER 'D 1 BUYER.
B BUYER '�—
Page 1 of 4
ADDITIONAL TERMS AND CONDITIONS
Prepayment and Accrual of the Finance Charge: Even though Buyer does not have to pay more than the regular scheduled monthly payment, Buyer has the right to prepay the whole
amounts owing to Creditor in fun at airy time or in part from time to time. If Buyer makes a partial prepayment, Buyer must continue to make regular payments until Buyer has paid all
amounts owed. Buyer knows the} the Finance Charge will be computed daily, so it will be less if Buyer makes an early payment and higher if Buyer pays late. The amounts shown on page
i of this Contract for tlhe Finance Charge, Total of Payments, and the Total Sale Price are based on the assumption that Creditor w01 recelve each of the payments exactly on its due date.
Buyer knows that there will be no refund of Finance Charges 0 Buyer prepays, because the Finance Charge is calculated on a simple interest basis. Buyer also understands that no refund
of any amount less than S11.00will be made.
Retumed Check Charge: Buyer may be charged $30.00 for any check Buyer gives Creditor which is returned unpaid by the bank or other financial institution.
Interest After Default or Maturity or Judgment: After default or after the final payment due date or after judgment. Buyer will pay interest on any unpaid balance or judgment amount at
the Annual Percentage Rate shown on page t of this Contract for each day that there is an unpaid balance, or at any lesser rata as may be required by law.
Commencement of the Finance Charge: The Finance Charge begins to accrue upon the date that the Creditor supplies the funds and pays for the Buyers completed purchase.
Default: Time is of the essence for purposes of this Contract, and it the Buyer does not pay any installment within thirty days of when it is due, if any bankruptcy or insolvency proceeding
is commenced by or against the Buyer, if the Buyer dies, or if the Buyer breaks any promise, agreement, or covenant Buyer makes in this Contract. or in any other document given as
security for this Contract, or any such promise, agreement, or covenant is false or misleading in any material respect, Buyer is in default. If Buyer is in default, Creditor may require, without
prior nonce or demand, that Buyer pay Immediately the entire unpaid balance of Buyers debt. Creditor may also cumulatively exercise other legal rights at law or equity or under this
Contract or any security interest securing this Contract. These include bringing suit against Buyer for the unpaid balance, or foreclos��q against any real estate securing this Contract, or
taking possession of the property purchased pursuant to this Contract in the manner and with such notices as may be required by appl law. After Creditor takes possession of the
property purchased pursuant to this Contract and provides Buyer with any required redemption notice, and Buyer does not redeem the property in the manner required by taw that Buyer
has the right to do so, Creditor may sell the property at private sale or public auction as required by law after providing Buyer with notice of the sale as required by law, or Creditor may
retain the property in satisfaction of Buyers obligation under this Contract. Buyer will be liable for any deficiency balance after such sale to the extent permitted by law. if Buyer is in default
and Creditor refers this Contract to any attorney who is not Creditors salaried employee for collection, Buyer agrees to pay Creditors reasonable attorney fees not to exceed 20% of the
unpaid debt. Buyer also agrees to pay any other costs or expenses of repossession, collection, or realization on any security including court costs, to the extent not prohibited by applicable
law.
Security Interest: Buyer grants Creditor a security interest under the Uniform Commercial Code and other applicable law governing creditor security interests In the property purchased
pursuant to this Contract. including a security interest in any proceeds from the sale of such prop�ny. Buyer agrees that the property purchased under this Contract is, and will remain,
personal property, regardless of the fad that said personal property may become attached h Buyers real property. Such security interest shall not terminate until all amounts due under
this Contract have been paid in full. Buyer agrees that a copy of this Contractor any other fine ng statement maybe Idled by Creditor as a fine i statement under the Uniform
ck
Commercial Code and arty applicable state law. If the box on page 11 of this Contract concerning security in real estate is cheed. Buyer also glues ilor a Deed of Trust or Mortgage
on Buyers real estate or on the real estate described therein. To the extent allowed by applicable state law. Buyer hereby waives and assigns to Creditor any material, homestead, or other
exemption rights Buyer may have with respect to the property. Creditor has all the rights and remedies of a creditor or a secured parry under the Uniform Commercial Code and other
applicable state law. Buyer agrees to pay the amount of any official fees to be paid to a public official for riling or recording any Instrument securing or evidencing security for the
transaction.
Assignment: Buyer agrees that Creditor can assign any of Creditor's rights under this Contract without Buyer's consent and that the person to wham Creditor assigns this Contract shall
be entitled to an of Creditors rights under this Contract. Buyer understands that Buyers rights win not be affected by such assignment.
Buyer's Representation: Buyer represents and warrants that (a) the credit information furnished by Buyer in connection with this transaction Is true and complete: (b) no person has
promised or offered to pay, credit, or allow to Buyer any compensation or reward for the procurement of a contract with others as an inducement to enter into this Contract: (c) no person
has offered, delivered, paid, credited, or allowed to Buyer any gift, bonus, award, money, merchandise, trading stamps, or cash loan as an inducement to entering into this Contract; (d)
there is, or is to be, no other extension of credit from any source In connection with this property.
Miscellaneous: Creditor may accept any payment after Buyer defaults, or after any transfer, renewal, extension or assignment of this Contract, without affecting Creditors rights. Buyer
understands that any loss, injury, or destruction of the property writ not operate as a payment and win not in any manner release B r from Buyer's obligations under this Contract. Buyer
agrees that if Creditor fails to exercise any of Creditors rights upon Buyers default, it shall not be considered as a waiver of any of reditoes rights. In construing this Contract, the gender
and number of words used may be changed to meet the context. Any part of this Contract contrary to the law of this state shall not invalidate other parts of this Contract. This Contract is to
be governed by the laws of the Commonwealth of Pennsylvania, except as may be preempted by federal law.
Care of Property: Buyer promises that Buyer will not transfer, give away, abandon, sell, assign, lease, or encumber the property without Creditors written consent. Buyer will take all
reasonable measures to protect and maintain the property. Buyer will pay an taxes, assessments, license fees, and other public charges levied against the property. Buyer volt not use the
property for any unlawful purpose.
Insurance: Buyer must insure the property against all substantial risks or losses, with insurance reasonably related to the type and value of the property insured and the amount and term
of this Contract. In particular, Buyer agrees to purchase homeowner's property insurance which includes fire and extended coverage and, if the property is located in a flood hazard area.
Buyer must also purchase flood insurance. Buyer must obtain such insurance from an insurer with such coverage as is reasonably acceptable to Creditor, or Buyer may apply any existing
coverage to meet this Insurance obligation. Until this Contract is paid in full. Buyer assigns to Creditor the proceeds of such insurance and any unearned insurance premiums, which
Creditor may apply, at Creditors option, to restore or repair the property in the event It is damaged, or to reduce the balance then unpaid on this Contract. Buyer authorizes (but does not
require) Creditor to renew or replace at Buyers expense any required insurance that expires or that is canceled during the term of this Contract.
Assumption/Due on Sale: This Contract Is not assumable. If all or any part of the security interest or the property is sold or transferred, the Creditor may at its option require immediate
payment of all outstanding sums under the Contract.
Entire Agreement: Buyer and Creditor agree and acknowledge that this Contract and its accompanying documents represent the entire agreement between the parties regarding the
credit sale of the goods described herein, and there are no prior or contemporaneous oral or written agreements or representations on which either party is relying. Any modification of this
Contract shall not be effective unless in writing and signed by both parties.
Warranties: There are no express or implied warranties other than those stated in writing by the manufacturer of the goods provided or by the contractor installing the goods provided.
Notice to Assignees: If this Contract Is secured by a mortgage, subsequent assignees could be liable for all claims and defenses with respect to the mortgage that the
borrower could assert against the creditor.
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE
BUYER COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH
THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE BUYER SHALL NOT EXCEED AMOUNTS PAID BY THE
BUYER HEREUNDER.
Buyer(s) to inital:
BUYER INITIAL K v S BUYER INITIALS
Page 2 of 4
NOTICE TO BUYER:
(1) Do not sign this Contract before you read it.
(2) You are entitled to a completely filled -in copy of this Contract.
(3) Under the law, you have the right to pay off in advance the full amount due and, under certain
conditions, to obtain a partial refund of the Finance Charge.
(4) You may rescind this Contract, subject to liability for any liquidated damage provision hereof
authorized by law, not later than Five PM on the business day following the date hereof by
giving written notice of rescission to the Seller at the address in the box marked
"Seller /Contractor /Creditor," but if you rescind after Five PM on the business day following,
you are still entitled to offer defense in mitigation of damages and to pursue any rights of
action or defenses that arise out of the transaction.
BUYER'S RIGHT TO CANCEL: You, the Buyer, may cancel this transaction at any time prior to
midnight of the third business day after the date of this transaction. See the accompanying Notice of
Cancellation Form for an explanation of this right.
If this Contract is secured by a deed or mortgage and you fail to meet any obligation or term of the
documents you sign in connection with this Contract, you may lose the property that serves as
collateral for the deed or mortgage loan through foreclosure.
NOTICE: SEE ALL FOUR (4) PAGES OF THIS CONTRACT FOR IMPORTANT INFORMATION.
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE.
CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ
THE CONTRACT BEFORE YOU SIGN IT.
COPY RECEIVED: Buyer has read and understood all pages of this Contract and acknowledges
receipt of a completely filled in copy of this Contract along with the Limited Warranty and two (2)
copies of the Notice of Cancellation Form.
SEL R / BUYER
BY BUYER
Page 3 of 4
NJ,. PA, DE,NC, NH, CT, RI, W. IN, IL
DIAMOND INDUSTRIES O 'i CNESs
3200 48th Street, Pennsauken, NJ 08109'
1 -888- 2242217
Fax: 856 -773 -0441
Diamond Industries, Inc. ( "Seiler")
(Name of Seller)
agrees to furnish all materials and labor necessary to do modernization work on the premises located at the following address, subject to
verification of the price of work by seller and to approval of Buyer's credit.
Name of Buyer KQh 1 x Home Phone
Work Phone Cell Phone Fax
rn� Address LL a Date g ' �) _6
-7 /
City �T. �� 11 state - D& / 0
Sales Price $ 13, 600
BERMUDA KiNG Deposit $
SPECIFICATIONS AND FEATURES
Payment on Delivery $
30'6" x 267" overall Payment on Completion
24' round swim area p 3
Spacious aluminum patio deck 18'0.D. Payable $ 1'9_ per month in install
Color coordinated in azure blue and white
All aluminum construction ments, beginning °� days after completion.
Aluminum safety fence with privacy panels
Heavy extruded aluminum vertical supports
Aluminum sidewalls that never need painting • NOTICE TO BUYER -
Vinyl acrylic finish
In -wall automatic skimmer (1) Do not sign this agreement if any of the spaced
Aluminum in-pool ladder intended for the agreed terms to the extent of then
Self - locking aluminum exterior ladder available information are left blank. (2) You are entitled to
20 gauge vinyl liner - Terrazzo Design bottom a copy of this agreement at the time you sign it. (3) You
may at any time pay off the full unpaid balance due under
Space age water purification system this agreement an in so doing you may receive a partial
30 year transferrable limited factory warranty rebate of the finance and insurance charges.
Pool Cover Net Included 0 1 4L
Seller hereby agrees to fumish labor and materials necessary to complete the work herein agreed upon and detailed above for the sum
specified herein and according to the terms embodied herein. Fulfillment is contingent, however, upon strikes, fires, materials and labor availability,
or other conditions beyond control of the Company. Seller agrees to carry WORKMEN'S COMPENSATION AND PUBLIC LIABILITY INSURANCE
on all work detailed herein.
It is understood and agreed that no other Details, Terms and Conditions, expressed or implied, have been agreed upon except those stated
herein, and that this Contract covers and supersedes all Conversations, Statement or Agreements between the Parties hereto, their Agents, or
Representatives.
Buyer(s) agree that, upon completion of the work, according to terms of the agreement, that payment shall be promptly made according to those
terms or in the instance of financing arrangements, to promptly provide a certificate evidencing completion and whatever other documents as may
be required by the lending institution.
AGREEMENT: You agree to be bound by the provisions of this agreement Including those on the reverse side.
"YOU THE BUYER MAY CANCEL THIS TRANSACTION AT ANYTIME PRiOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE
DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THE RIGHT." By
signing the agreement, you acknowledge receipt of a completely filled in copy of this agreement, completed copies of the attached
notice of cancellation and confirm that you have been orally Informed of your right to cancel.
All equipment and materials delivered to the job site premises, regardless of whether incorporated in the property or not, remains the property of
the dealer until fully paid for. Owner(s) agrees that the dealer shall have access to the same at all reasonable times until payment is full hereunder.
Any materials not incorporated into the work performed hereunder remain the property of the dealer.
Owner(s) warrant that the pool size is within property lines, and agrees to assume responsibility to provide adequate roadway ingress an
working area. 11 is agreed that the Owner(s) will supply water to fill the pool at the Owner(s) expense. Installation shall be deemed complete when
pool is ready to be filled with water. The parties hereto further agr n th t contract does not include electri l wi ng o landscaping of any kind.
Contractor agrees to start above described work on or about— �j T and complete work on or about ca q 19D U .
(SEAL) K (SEAL)
(N e f Se r) (Signature of Buyer)
By (SEAL)
(Name) (Title) (Signature of Buyer)
RECEIPT OF NOTICE
Each of the undersigned Buyers hereby acknowledges receipt of two (2) completed copies of the following NOTICE
OF CANCELLATION together with one copy of the Truth in Lending disclosures on the Date of this Transaction
s hown below.
BUYER'S SIGNATURE CO- BUYER'S SIGNATURE
+++++++++++++++++++++++++++++++++++++++ ++++++++++++++++++++++++ + + + + + + + + + + + + + + +++ + + + + + + + + + + + + ++
NOTICE OF CANCELLATION
(Date of this Transaction)
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION,
WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER
THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU
WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE
SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING
OUT OF THE TRANSACTION WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE,
IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS
DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH,
COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN
SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.
IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES
NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF YOUR NOTICE OF
CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY
FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE
SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO
SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER
THIS CONTRACT.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF
THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A
TELEGRAM, TO
DIAMOND INDUSTRIES.-INC-364 AT
(Name of Seller)
3200 48TH ST PENNSAUKEN, NJ 08109
(Address of Seller)
NOT LATER THAN MIDNIGHT OF
(Date)
I HEREBY CANCEL THIS TRANSACTION.
(Date) (Buyers Signature)
Frain: 856 773 0675 - Page: 2/2 Date: W24/2007.9.12:51 AM
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EXH16�T "B„
The printing contained In this box Is not part of Buyer's Agreement
FIRST ASSIGNMENT IBY ORIGINAL SELLERI
For value received, we hereby assign the within contract and all our right, title, and interest in it and in its collateral to AmeriFirst Home Improvement Finance Co.
(Assignee), and warrant all of the following: 1) that this Contract is the result of a sale of our own property or services; 2) that we have full and perfect title to and
right to convey this Contract free of any encumbrance, lien, or any interest of third parties of any nature whatsoever; 3) that all services and installation work in
connection with this Contract will be completed according to the contract at the time this Contract is sold to the Assignee; 4) that this Contract accurately and
correctly reflects a genuine, bona fide sale and the price and terns thereof, and is valid and in compliance with any applicable installment sales laws and all other
applicable state and federal laws and administrative regulations and that there is no unexpired right to cancel on behalf of Buyers; 5) that the goods and services
covered by this Contract have been unconditionally accepted by the parties to the contract: 6) that at the time this Contract is sold to the Assignee, the goods and
services are in the possession of the obligor and are the identical goods and services described in or related to the contract; 7) that the amount due from the obligor
is not disputed or subject to any set -off, deduction, credit or counterclaim; 8) that we have received cash, or Its proper equivalent, for the down payment, no part of
which was loaned by us, directly or indirectly, to the Buyers; 9) that this Contract represents the entire contract between us and the obligor as to the sale of goods or
services evidenced herein; 10) that there is no undisclosed agreement, concession or litigation of any nature affecting this Contract: 11) that all the parties to this
Contract were competent at the time it was executed; 12) that there are no valid defenses in law or equity to this Contract as it exists in the hands of the Assignee.at
time of this conveyance; 13) that all signatures on this Contrail and all accompanying documents are genuine; and 14) that title to the real property improved under
this Contract is vested in Buyers free and dear of all liens and encumbrances whatsoever, except as noted either in Buyers' credit application or in written notice
given by us to Assignee before this assignment was made. If any of the foregoing warranties are untrue, regardless of Assignee's knowledge or lack of knowledge
or reliance thereon. Assignor hereby unconditionally agrees to repurchase the documents on demand fr i Assigrpe for the balance remaining unpaid plus any
expense of collection, repossession, foreclosure, transportation, or storage, attorney fees and court incu by Assignee less any customary refund by
Assignee of unearned Finance Cha Seller /Assign 47��7>t��
The printing contained In this box Is not part of Buyer's Agreement
SECOND ASSIGNMENT (BY FIRST ASSIGNEE)
The Assignee listed above hereby assigns and transfers this Contract and all rights under it.
Transfer to: Executed By:
Buyer(s) to instal:
BUYER INITIAL YES BUYER INITIALS
Page 4 of 4
MATTLEMAN, WEINROTH & MILLER, P.C. TA
By: Stephen H. Barrett, Esquire, PA# 313709 fi ,
By: Alicia M. Sandoval, Esquire, PA# 311874' j; 21
401 Route 70 East, Suite 100 jPl Fir rti ,i
Cherry (856) 429-5 508034 Pr"S YL ANIA4 '
Attorneys for Plaintiff
Our File No.: 00- 87160 -0
COURT OF COMMON PLEAS
AMERIFIRST HOME IMPROVEMENT Cumberland County -'
FINANCE CO. assignee of Diamond 0 3 �/ tl
Industries, Inc -364 CASE NO.: 0
Plaintiff,
vs.
KELAH STARNER
Defendant(s).
ENTRY OF APPEARANCE
TO THE PROTHONOTARY
Please enter my appearance as counsel for the Plaintiff, AMERIFIRST HOME
IMPROVEMENT FINANCE CO. assignee of Diamond Industries, Inc -364.
MATTLEMAN, WEINROTH, & MILLER, P.C.
DATED: By:
Stephen FI Ba ett, Esquire
Alicia M. La o val, Esquire
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff ' H=
t„ c:2arotti,�!
Jody S Smith ?513 DEC -2 AM 11: (1 J
Chief Deputy
W Stewart CUMBERLAND COUN
Solicitor fj,- EFry PENNSYLVANIA
Amerifirst Home Improvement Finance Co.
vs. Case Number
Kelah Starner 2013-6831
SHERIFF'S RETURN OF SERVICE
11/26/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Kelah Starner, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as Not Found" at 200
McLand Road, South Middleton Township, Mount Holly Springs, PA 17065. Deputies were advised by
new owner that the defendant is believed to be residing in Nevada.
SHERIFF COST: $35.91 SO ANSWERS,
November 26, 2013 RONR ANDERSON, SHERIFF
;oun?ySuliC sn2;!r,-C,;,sof:
MATTLEMAN, WEINROTH & MILLER, P.C.
By: Alicia M. Sandoval, Esquire, PA# 311874
401 Route 70 East, Suite 100
Cherry Hill, NJ 08034
(856) 429-5507
Attorneys for Plaintiff
Our File No.: 00-87160-0
Plaintiff(s)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
AMERIFIRST HOME IMPROVEMENT
FINANCE CO., assignee of
Diamond Industries, Inc-364
No: 13-6831 Civil
vs.
Defendant(s)
KELAH STARNER
PRAECIPE TO DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above-captioned case Discontinued and Ended.
MATTLEMAN, WEINROTH & MILLER, P.C.
Attorneys for Plaintiff
144 4
A
val, Esquire, PA# 311874