ComplaintCal. Super. - 3rd Dist.November 25, 2019_ -_ -_ - 34 0. om ~ - £ PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY LAW OFFICES OF PATENAUDE & FELIX, A.P.C. Raymond A. Patenaude (#128855) / Michael D. Kahn (#236898) / Stephanie J. Boone (#160182) Todd C. Simonson (#224346) / Adam Michael Rivera (#321236) / Angie Hong Hoar (#212152) 4545 Murphy Canyon Road, 3rd Floor, San Diego, CA 92123 r I L. E D TELEPHONE NO.: (858) 244-7600 FAX NO. (Optional): (858) 836-0318 Superior Court of California County of Piacer E-MAIL ADDRESS (Optional): Michael.Kahn@pandf.us _ ATTORNEY FOR (Name): PLAINTIFF NOV 20 2019 Jake Chatters SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER xecutive Officer & Clerk By: M. n, Deputy STREET ADDRESS: 10820 JUSTICE CENTER DRIVE y: M. Anderson, Dep MAILING ADDRESS: 0820 JUSTICE CENTER DRIVE CITY STATE AND ZIP CODE: ROSEVILLE CA 95678 BRANCH NAME: PLACER CIVIL DIVISION PLAINTIFF: PERSONAL ENERGY FINANCE, INC. DEFENDANT(S): LANDIS GARMAN, IX] and DOES 1 through 15, inclusive CONTRACT & ‘COMPLAINT [[] AMENDED COMPLAINT (Number): [] CROSS-COMPLAINT [_] AMENDED CROSS-COMPLAINT (Number) Jurisdiction (check all that apply): CASE NUMBER: [XX] ACTION IS A LIMITED CIVIL CASE Amount demanded LC] does not exceed $10,000 W C V 0 0 7 5 2 9 4 xX exceeds $10,000 but does not exceed $25,000 ~- ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint ~ from limited to unlimited from unlimited to limited 1. Plaintiff* (name or names): PERSONAL ENERGY FINANCE, INC. alleges causes of action against defendant(s)* (name or names): LANDIS GARMAN, 2. This pleading, including attachments and exhibits, consists of the following number of pages: 12 3. a. Each plaintiff named above is a competent adult X] except plaintiff (name): PERSONAL ENERGY FINANCE, INC. (1) X]a corporation qualified to do business in California (2) C] an unincorporated entity (describe): (3) [_Jother (specify): b. [_] Plaintiff (name): a. has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. has complied with all licensing requirements as a licensed (specify): Cc. C] Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant(s) named above is a natural person [_] except defendant (name): [_] except defendant (name): (1) a business organization, form unknown (1) a business organization, form unknown (2) a corporation (2) a corporation (3) an unincorporated entity (describe): (3) an unincorporated entity (describe): (4) a public entity (describe): (4) a public entity (describe): (5) other (specify): (5) other (specify): *If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 Form Approved for Optional Use COMPLAINT-Contract Code of Civil Procedure, § 425.12 Judicial Council of California PLD-C-001 [Rev. January 1, 2007] CA_08M Complaint Contract P&F File No. 19-49458 -_ _ PLD-C-001 SHORT TITLE: PERSONAL ENERGY FINANCE, INC. VS. LANDIS GARMAN, CASE NUMBER: 4. (Continued) b. The true names of defendant(s) sued as Does are unknown to plaintiff. (1) Cc] Doe defendant(s) (specify Doe numbers): were the agents or employees of the named defendant(s) and acted within the scope of that agency or employment. (2) X] Doe defendant(s) (specify Doe numbers): 1 through 15 are persons whose capacities are unknown to plaintiff. c. (_] Information about additional defendants who are not natural persons is contained in Attachment 4c. dC] Defendant(s) who are joined under Code of Civil Procedure section 382 are (names): 5. [] Plaintiff is required to comply with a claims statute, and a. [_] has complied with applicable claims statutes, or b. [_] is excused from complying because (specify): 6. [_] This action is subjectto [[] Civil Code section 1812.10 [[] Civil Code section 2984.4. 7. This court is the proper court because a. C] a defendant(s) entered into the contract here. b. C] a defendant(s) lived here when the contract was entered into. [X] a defendant(s) lives here now. . _] the contract was to be performed here. [_] a defendant(s) is a corporation or unincorporated association and its principal place of business is here. CJ real property that is the subject of this action is located here. . LJ other (specify): 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): a * o a a Breach of Contract Common Counts Other (specify): Refer to Other allegations in number 9. Kk R O W Other allegations: Before commencement of this action, in those cases where recovery of costs is dependent on such notices, Plaintiff informed the defendant(s) in writing it intended to file this action and that this action could result in a judgment against defendant(s) that would include court costs and necessary disbursements allowed by CCP Section 1033(b)(2). 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. [X] damages of: $11,679.04 b. JX] interest on the damages (1) §X] according to proof (2) CL] at the rate of (specify):__-=-----S-Ss percent per year from (date): c. [_] attorney's fees (1) [J of: (2) [.] according to proof. d. [XJ other (specify): For such other relief as the Court deems just and fair. 11. C] The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph pymbers): Date: October 07, 2019 [ ] RAYMOND A. PATENAUDE [ ] MICHAEL D. KAHN [ ] STEPHANIE J. BOONE [@| TODD C. SIMONSON { ] ADAM MICHAEL RIVERA [ ] ANGIE HONG HOAR > (TYPE OR PRINT NAME) (SIGNATOREGF PLAINTIFF OR ATTORNEY) (If you wish to verify this pleading, affix a verification.) PLD-C-001 [Rev. January 1, 2007] COMPLAINT-Contract Page 2 of 2 CA_08M Complaint Contract P&F File No. 19-49458 PLD-C-001(1) SHORT TITLE: PERSONAL ENERGY FINANCE, INC. VS. CASE NUMBER: LANDIS GARMAN, FIRST (number) CAUSE OF ACTION-Breach of Contract ATTACHMENT TO [X]Complaint [_] Cross-Complaint (Use a separate cause of action form for each cause of action.) BC-1. Plaintiff (name): PERSONAL ENERGY FINANCE, INC. alleges that on or about (date): April 21, 2017 a XX] written [J oral [_] other (specify): agreement was made between (name parties to agreement): PERSONAL ENERGY FINANCE, INC. and LANDIS GARMAN, Xx A copy of the agreement is attached as Exhibit A, or [X] The essential terms of the agreement [[] are stated in Attachment BC-1 [X] are as follows (specify): Defendant(s) entered into a written contract with Plaintiff, whereby Plaintiff loaned money to Defendant(s) for the financing of motor vehicles sale or lease. The terms and conditions under which Defendant(s) agreed to repay Plaintiff for the monies loaned are set forth in a written purchase contract/lease and /or loan agreement between the parties. Defendant(s) indicated his/her/their consent to be bound by these terms either by an authorizing signature on the agreement or by Defendant(s) taking possession of and using the vehicles and monies provided by Plaintiff. BC-2. On or about (date): March 19, 2018 Defendant breached the agreement by C] the acts specified in Attachment BC-2 Xx] the following acts (specify): Defendant(s) failed to make payments on the contract as agreed and, despite Plaintiff's demand Defendant(s) continues to refuse to pay Plaintiff the amount owed under the contract. Defendant(s) is in default and, such under the terms of the contract Plaintiff is entitled to the unpaid balance, attorney's fees and costs. BC-3. Plaintiff has performed all obligations to Defendant(s) except those obligations Plaintiff was prevented or excused from performing. BC-4. Plaintiff suffered damages legally (proximately) caused by Defendant's breach of the agreement [_] as stated in Attachment BC-4 [KX] As follows : 1. The principal sum of $11,679.04; 2. Costs of suit; 3. For such other and further relief as the Court deems just and fair. BC-5. x Plaintiff is entitled to attorney fees by an agreement or a statue of $ according to proof: In accordance with the terms of the contract and the Automobile Sales Finance Act (Civil Code section 2983.4) or the Motor Vehicle Leasing Act ( Civil Code section 2988.9), and in a reasonable amount pursuant to the Court's default schedule (in the event of a default) or in amount according to proof at trial. BC-6. [_] Other: Page 1 ---Page Tort Form Approved by the . eUDe SOT per seen 1 2007 CAUSE OF ACTION-Breach of Contract Caue or caterecaniren,g42542 CA_08B Breach of Contract P&F File No. 19-49458 EXHIBIT "A" THIS IS A COPY BecuSign Envelope tt: BEARGOTERA2ZR-ASE 120g SSTCESOLA 5 The Authori#™e Copy of this record fs held at www.docusign.net ASSIGNMENT BY SELLER For value received, Service Champions (“Seller’’) hereby assigns and transfers all rights and interests in the Home Improvement Retail Installment Contract dated 04/15/2017 between Seller and Landis Garman (“Buyer”), in the original principal amount of $ 13,920.00 and identified as Contract No.: [0414 (the “Contract’”’), to PERSONAL ENERGY FINANCE, INC. (“Assignee’’) and its successors and assigns, without recourse except as to the representations and warranties hereinafter expressed, and except as to any representations, warranties and rights under any agreements heretofore executed between Seller and Assignee. This assignment (“Assignment”) shall take place and become effective on the later of (i) the date this Assignment is signed by Seller or (ii) the earliest date permitted under applicable law. Seller hereby represents and warrants the following: 1) The Contract is the result of a sale of Seller’s own goods and/or services; eo 2) Seller has the right to convey the Contract; 3) All goods provided and/or services performed in connection with the Con unconditionally accepted by Buyer; 4) The Contract accurately and correctly reflects a genuine an, 5) Seller possesses all applicable licenses required to a described in or related to the Contract; ‘ 6) At the time the Contract is assigned to A$ and are the identical goods an i 7) The amount due from the ~ i not disputed counterclaim; & 2 8) ) All signatures on the Contract are genuine; and ) All workmen, suppliers and material have been paid in full for all goods and services incident to Seller’s performance and all of those goods and services are free from all liens and encumbrances. If any of the foregoing representations and warranties is untrue, regardless of Assignee’s knowledge or lack of knowledge or reliance thereon, Seller hereby unconditionally agrees to repurchase the Contract on demand from Assignee for the balance remaining unpaid plus any expense of collection, attorney’s fees, and court costs incurred by Assignee. SELLER: Service Champions Sunvice (lampions By: : * S=-77545DFA188D4EF Authorized Signature 4/ 18/2619 oe ) Date: DocuSign Envelope ID: AeA ONO ASB 20 ee STCESOSA B THIS IS A COPY COMPLETION CERTIFICATE NAME AND ADDRESS OF SELLER NAME AND ADDRESS OF BUYER(S) Service Champions 4430 Yankee Hill Rd Rocklin CA US 95677 Landis Garman HE Roseville California US 95747 Contract Date: 04/15/2017 Contract No.: RR 414 Amount Financed: $ 13,920.00 The Authoriiie Copy of this record fs held at www.docusign.net uyer 2 Name DO NOT SIGN UNTIL WORK IS COMPLETE. Buyer 2 Initials nanced by the Retail Installment Contract referenced above (the selection of the Seller and acceptance of the goods provided nd that no future assignee of the Contract endorses the Seller or any other person DocuSigned by: | ards ha ran . 4/17/2017 Buyer 1 Signature Date Buyer 2 Signature Date Completion Certificate Multistate v1.3 02-01-2017 THIS IS A COPY DocuSign Envelope ID: 38BC7D83-22B1-48F0-B391-3ACFFA3B44E7 Pp ~ The Authoritahige Copy of this record is held at www.docusign.net RETAIL INSTALLMENT CONTRACT Seller: Service Champions Contract Date: 04/15/2017 Address: 4430 Yankee Hill Rd Contract No.: [0414 Rocklin CA US 95677 Buyer I: Landis Garman Buyer 2: Address: Address: Roseville California US 95747 Description of Goods and/or Services Purchased: HVAC Plan Selected: 10 Year Term FEDERAL TRUTH IN LENDING DISCLOSURBISTA : ANNUAL FINANCE Amount Financed PERCENTAGE CHARGE The amount of credit RATE The dollar amount the The cost of your credit | credit will cost you. as a yearly rate. Total Sale Price The total cost of your purchase on credit, including your down payment of $ 0.00 is $ 22,065.60 Amount of Payments: When Payments Are Due: monthly, beginning 30 days after the Project Completion Date payments of $ 183.88 arge: If any part of any payment is more than 15 days late, you agree to pay a late charge in the amount of $10.00. epayment: If you pay off the Contract early, you will not have to pay a penalty. See the Terms and Conditions section of this Contract for additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. ITEMIZATION OF AMOUNT FINANCED Price of Goods and Services ($ 13,920.00 ) + Taxes ($ ) (Cash Price) $ 13,920.00 (1) Cash Down Payment $ 0.00 (2) Amount Financed/Unpaid Balance of Cash Price (line 1 minus line 2) $ 13,920.00 (3) Home Improvement Retail Installment Contract CA v1.4 03-23-2017 Page 1 of 6 THIS IS A COPY DocuSign Envelope ID: 38BC7D83-22B1-48F0-B39 CFFA3B44E7 . 9 P tm The Authorit@™® Copy of this record is held at www.docusign.net TERMS AND CONDITIONS AGREEMENT: In this Contract the words “you” and “your” refer to each Buyer named above. The words “we,” “us,” and “our” refer to the Seller/Contractor (the creditor) named above, or any other party to which this Contract is assigned. This Contract provides for the financing over time of your purchase of the goods and/or services described above. The “Total Sale Price” shown above is the total amount you will pay for your purchase on a credit basis. The amount you would pay if you purchased the goods or services for cash is shown above as the “Cash Price.” The “Project Completion Date” will occur on the date that you acknowledge that the goods and/or services purchased have been installed to your satisfaction. For convenience, this Contract uses the term “interest” (sometimes called a time charge) to mean the periodic rate finance charge that accrues during the term of this Contract. By signing this Contract you agree to purchase the goods and services on credit and you agree to pay the Total Sale Price according to the terms provided in this Contract. PROMISE TO PAY: You promise to pay to Seller at its address shown above the Cash Down Payment and the Amount Financed, plus interest on the unpaid portion of the Amount Financed at a contract rate equal to the Annual Percentage Rate on the unpaid portion of the Amount Financed, according to the Payment Schedule shown above and the terms of this Contract, until all sums due under this Contract are paid in full. Interest will begin to accrue under this Contract on the Project Completion Date. Generally, payments will be applied first to any fees that are due, then to accumulated interest charges, and then to the unpaid portion of the Amount Financed. Payments may be applied differently if required by applicable law or if you owe additional interest that accrued during the Special Financing Period for a Special Financing plan, as described below. If this Contacts is signed by multiple Buyers, each of you is individually and jointly responsible for all the agreements in this Contract. SIMPLE INTEREST CONTRACT: This is a simple interest Contract. The Finance Charge, Tote en ts, and the Amount of Payments as shown in the Payment Schedule under the Federal Truth in Lending Diselosure »s 2 may differ from the in aking your payment owed during the month ‘and increase your final payment. Your Payment Schedule if the Seller figured the payment schedule permitted under the Federal Truth in Lending Act. Your 1 is different from the amount shown above. SPECIAL FINANCING: If we offered an payments for an initial promotional | period fo Payment Schedule under the Fedéral»ruth payments for the remaining of thi u selected a ancing repayment plan, you will not be required to make any i tion Date (the “Special Financing Period”), as disclosed in the Lending Disclosure’ Statement, Thereafter, you will be required to make monthly t until the total amount owed under the Contract is paid in full. Interest will accrue on uring the Special Financing Period, and will increase the total amount owed under this scared during the Special Financing Period, which will be due in substantially equal installments; and it'owed for each monthly payment, over the remaining term of the Contract. ‘ dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as edit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in on with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions ts); and any participation fee charged (other than certain participation fees for a credit card account). RULES FOR INTERPRETING THIS AGREEMENT: Paragraph headings are for convenient reference only and are not to be interpreted as a complete summary of each paragraph. The word “Buyer” may mean one or more persons who are purchasing goods and/or services from the Seller and financing the purchase by this Contract. The word “Seller” includes any person or entity to whom this Contract may be sold or assigned. If you are a member of the active military, or a spouse or dependent of a member of the active military, and your Contract is subject to the provisions of the Military Lending Act, 10 U.S.C. § 987 and its implementing regulations, 32 CFR. § 232.1, et seq., nothing contained in this Contract is intended to waive your rights or protections under that law. POSTPONEMENT OF PAYMENT DUE DATES: If any Buyer requests permission to delay making one or more payments, Seller may postpone one or more scheduled payment due dates. Interest, however, will continue to accrue at the contract rate on any such postponed payments. LATE CHARGE: You agree to pay a late charge in the amount of $10.00 if any part of any payment is more than 15 days late. You will pay this late charge only once per delinquent payment regardless of how long the installment remains unpaid. DISHONORED PAYMENT FEE: If your payment is returned or rejected, you agree to pay us a fee of $10.00 after we give you any notice and wait any period that may be required by applicable law. Home Improvement Retail Installment Contract CA v1.4 03-23-2017 Page 2 of 6 THIS IS A COPY DocuSign Envelope ID: 383BC7D83-22B 1-48F0-B394.3ACFFA3B44E7 9 P ae The Author@™ye Copy of this record is held at www.docusign.net PREPAYMENT OF AMOUNT OWED: You may prepay all amounts due under this Contract without penalty at any time. If you prepay, a portion of your payment will be credited first to any fees that are due, then to accumulated interest charges, and then to the unpaid portion of the Amount Financed. If you make a partial prepayment, there will be no changes in the due dates of your monthly payments. DEFAULT: Subject to any limitations imposed by applicable law, you will be in default if you (i) fail to make any payment when due; (ii) fail to comply with your agreements in this contract; (iii) make any materially false or misleading statement in connection with obtaining this contract; or (iv) file or have filed against you any proceeding under the U.S. Bankruptcy Code. If you are in default, we may, at our option and subject to any restrictions and/or notice requirements imposed by the applicable state law, declare all unpaid sums immediately due and payable. ATTORNEY’S FEES AND COURT COSTS: In the event of default, Buyer agrees to pay court costs and Seller’s reasonable attorney’s fees to the extent allowed by applicable law. GOVERNING LAW: The terms of this Contract shall be governed by California law, except as provided in the Arbitration Agreement below. ASSIGNMENT OF CONTRACT: You agree that we may, at our option, assign your payment obligations under this Contract to anyone we choose. We cannot assign our obligations to perform services financed under this Contract. You agree that the assignee will have all of our rights and remedies under this Contract and that you will pay to the assig i that is still owed under this Contract, at the times and in the amounts provided in the Contract. : ARBITRATION AGREEMENT: You understand that this Section (“Arbitrati your rights. It contains A JURY TRIAL WAIVER and procedures for M ACTION WAIVER. If you are a member of the active military, or a sp Contract is subject to the provisions of the Military Lending Act, 10,U.S.G, et seq., you understand that this Arbitration Agreement does not apply to i 1. Arbitration Agreement. Before asserting a claim i resolve the claim. All claims and disputeggarisi the terms of this Arbitration respective assigns, representative d/or agents, as to all mat transaction or relationshi WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO ‘(OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be i this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and icable in court and are subject to very limited review by a court. Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. initiated through JAMS, Inc., an established alternative dispute resolution provider (“ADR Provider’). If the der is not available to arbitrate, we shall select an alternative ADR Provider. The rules of the ADR Provider all aspects of this arbitration, except to the extent such rules are in conflict with the Contract or to the extent that cation of the Contract provisions would result in the unenforceability of this Arbitration Agreement. The JAMS rules rning the arbitration are available online at www.jamsadr.com or by calling JAMS at 1-800-352-5267. Any arbitration earing will be held in our federal judicial district. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 4. Decision of Arbitrator. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. 5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND ARBITRATION CLAIMS OF MORE THAN ONE BUYER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER BUYER. 6. Severability. If any part or parts of this Arbitration Agreement other than the Waiver of Class or Consolidated Actions are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. If the Waiver of Class or Consolidated Actions is found to be unenforceable, then as to the specific dispute in which that ruling of unenforceability was made, this entire Arbitration Agreement shall be unenforceable. Home Improvement Retail Installment Contract CA v1.4 03-23-2017 | Page 3 of 6 THIS IS A COPY DocuSign Envel ID: 38B 3-22B 1-48F0- - Tianna earns oe OO TT ASBMET The Authorjgamiye Copy of this record is held at www.docusign.net 7. Survival of Agreement. This Arbitration Agreement shall survive the termination of this Contract. 8. Small Claims Court. Notwithstanding the foregoing, you or we may bring an individual action in small claims court. 9. Your Right to Opt Out of Arbitration. You may opt out of this Arbitration Agreement by sending a written notice of your election to do so, signed by the Buyer(s) under this Contract, within thirty (30) days of the date of the execution of this Contract. Such notice shall be sent to Seller at the Seller’s address listed above. By initialing below, you acknowledge and agree to the terms set forth in the Arbitration Agreement above. Buyer 1 Initials: [4 Buyer 2 Initials: ENTIRE AGREEMENT: This Contract constitutes the entire agreement and understanding between you and us with respect to the credit transaction described herein, and supersedes any and all prior agreements and understandings, oral or written, with respect to such transaction. SEVERABILITY: Except as otherwise provided in the Arbitration Agreement above, Buyer agrees that if any term of this Contract is found under the law to be invalid or unenforceable, then such term shall be of no force and effect an Shall be severed and the remainder of this Contract shall continue in full force and effect, ELECTRONIC SIGNATURE: If you consented to sign this Contract electronically, you agree the aN vou this Contract in ide You are signing this v ye ur acceptance of and “agree that any true and treated the same as or as the Contract with the present intention of adopting and accepting the method of authentiation we. agreement to the terms of the Contract, just as if you, affixed your physicalg@@ature ti to. this ( OU READ IT OR IF IT CONTAINS ANY : OMPLETELY FILLED-IN COPY OF THIS DUE UNDER THIS AGREEMENT AT ANY TIME. (4) JUNT DUE, THE AMOUNT WHICH IS BLANK SPACES TO BE FILLED IN. (2) you ARE E AGREEMENT. (3) YOU CAN PREPAY THE FULL AM IF YOU DESIRE TO PAY OFF ] LADVAI CE THE FULL A OUTSTANDING WILL BE FUI UPON REQUEST. é terms contained i in this Contract and acknowledge that you received a completed copy of 0 it on the Contract Date listed above. DocuSigned by: Surnie Champions 4/17/2017 Authorized Signature Date DocuSigned by: landis Carman 4/14/2017 Buyer 1 Signature Date Buyer 2 Buyer 2 Signature Date 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 ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. 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. Home Improvement Retail Installment Contract CA v1.4 03-23-2017 Page 4 of 6 DocuSign Enve} \D: 38BC7D83-22B1-48F0-B3 ee. j : i -4) - ocusign Envelope IAACFFASBA4E7 The Author e Copy of this record is held at www.docusign.net NOTICE OF CANCELLATION 0414 4/14/2017 (Contract. No.) (Date) 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 days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. 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. _ date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail he goods available to the Seller, or if you agree to return the goods to the seller and fail to do so, then you rey r send a telegram to Service Champions at 4430 Yankee Hill Rd Rocklin CA US 95677 (Date) (Buyer’s signature) Page 5 of 6 Home Improvement Retail Installment Contract CA v1.4 03-23-2017 THIS IS A COPY RecuSaniEnvelspe 1D: SRRCI DES ano 1-SSFU-Re ae Cr AEs ey The Author#@™\e Copy of this record is held at www.docusign.net NOTICE OF CANCELLATION ERS 0414 4/14/2017 (Contract. No.) (Date) 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 days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. 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 20, s ae the date of your notice of cancellation, you may retain or dispose of the goods without any further oe Ify u fail’t fo ma the seller, or if you agree to return the goods to the seller and fail to do so, n obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy ¢ send a telegram to Service Champions at 4430 Yankee Hill Rd Rocklin CA US 95677 (Date) (Buyer’s signature) Page 6 of 6 Home Improvement Retail Installment Contract CA v1.4 03-23-2017
