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HomeMy WebLinkAbout11-7909 Steven R. Snyder, Esquire Rominger & Associates PA Attorney License No. 90994 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 7Lt fr r -j "R T''rr OCT 17 PM Attorncrri?ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY L. BURTON, Plaintiff V. CIVIL ACTION NO. l ?-? -t U -( (?? KEYSTONE RESTORATION ANDt BUILDERS, INC. and ap5 Ike,I pq: ERIE INSURANCE GROU t-13y5 : &M PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issues and forwarded to the Cumberland County Sheriff's office and to Rominger & Associates, 155 South Hanover Street, Carlisle, Pennsylvania 17013. Date: October 14, 2011 Respectfully Submitted, Rominger & Associates 4:: /k a Steven R. Snyder, squire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 PA Attorney License No. 90994 Attorney for Plaintiff S d5 Pd °?`1 Steven R. Snyder, Esquire Rominger & Associates PA Attorney License No. 90994 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 CIVIL ACTION NO. 1 I- -P09 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY L. BURTON, Plaintiff V. KEYSTONE RESTORATION AND BUILDERS, INC. and ERIE INSURANCE GROUP, Defendants WRIT OF SUMMONS To the Above Named Defendants: Keystone Restoration and Builders, Inc. 205 Shady Lane Manchester, Pennsylvania 17345 Erie Insurance Group 100 Erie Insurance Place Eris, Pennsylvania 16530-1104 YOU ARE NOTIFIED THAT THE COMMENCED AN ACTION AGAISNT YOU. Date: Attorney for Plaintiff ABOVE-NAMED PLAINTIFF HAS Prothonotary James E. Chiaruttini, Esquire Stock and Leader PA Attorney License No. 82060 221 W. Philadelphia Street; Suite E600 York, PA 17401 (717) 846-9800 Attorney for Defendant Keystone Restoration and Builders, Inc. IN THE COMMON COURT OF PENNSYLVANIA CUMBERLAND COUNTY, CINDY L. BURTON, Plaintiff VS. No. 11-7909 - :K cn x. J c:? ?-' KEYSTONE RESTORATION AND BUILDERS, INC. and ERIE INSURANCE GROUP, Defendants CIVIL ACTION PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of James E. Chiaruttini, Esquire and the law firm of Stock and Leader on behalf of named Defendant "Keystone Restoration and Builders, Inc." Respectfully James E. ruttini, Esquire - 82060 STOCK LEADER Susqueh a Commerce Center East 221 West Philadelphia Street; Suite E-600 York, PA 17401-2994 Telephone: (717) 846-9800 Fax: (717) 843-6134 E-mail: ihiaruttini(a)stockandleader.com James E. Chiaruttini, Esquire Stock and Leader PA Attorney License No. 82060 221 W. Philadelphia Street; Suite E600 York, PA 17401 (717) 846-9800 Attorney for Defendant Keystone Restoration and Builders, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY L. BURTON, Plaintiff VS. No. 11-7909 CIVIL ACTION KEYSTONE RESTORATION AND BUILDERS, INC. and ERIE INSURANCE GROUP, Defendants CERTIFICATE OF SERVICE AND NOW, this 76 day of October, 2011, the law firm of Stock and Leader, hereby certify that I served the Praecipe to Enter Appearance this day by regular U.S. mail, postage prepaid, in York, Pennsylvania, addressed to: Steven R. Snyder, Esquire Erie Insurance Group, pro se Rominger & Associates 100 Erie Insurance Place 155 South Hanover Street P.O. Box 1699 Carlisle, PA 17013 Erie, PA 16530 Attorney for Plaintiff Respectfully r James E. C ttini, Esquire STOCK AM) LEADER Supreme ourt I.D. #82060 Susqueh a Commerce Center East Suite 600 221 West Philadelphia Street York, PA 17401-2994 Telephone: (717) 846-9800 E-mail: jhiaruttini _,stockandleader.com SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor °- Cindy L. Burton vs Case Number . Erie Insurance Group (et al.) 2011-7909 SHERIFF'S RETURN OF SERVICE 10/18/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Erie Insurance Group, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Erie County, Pennsylvania to serve the within Writ of Summons according to law. 10/18/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Keystoen Restoration and Builders, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Writ of Summons according to law. 10/21/2011 10:20 AM - Erie County Return: And now October 21, 2011 at 1020 hours I, Bob Merski, Sheriff of Erie County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Erie Insurance Group by making known unto Jessica Brennan, adult in charge for Erie Insurance Group at 100 Erie Insurance Place, Erie, Pennsylvania 16530 its contents and at the same time handing to her personally the said true and correct copy of the same. 11/21/2011 09:00 AM - York County Return: And now October 21, 2011 at 0900 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Keystone Restoration and Builders, Inc. by making known unto Troy R. Smith, Project Manager for Keystone Restoration and Builders, Inc. at 205 Shady Lane, Manchester, Pennsylvania 17345 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $62.44 November 22, 2011 SO ANSWERS,' RON R ANDERSON, SHERIFF h? 7 r'?7 C7.y ?r,1 CountySuite Sh?;nff. Teiea:;uYt. Ir,::. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration CINDY L. BURTON Case Number vs. 11-7909 CIVIL KEYSTONE RESTORATION AND BUILDERS, INC. SHERIFF'S RETURN OF SERVICE 10/21/2011 09:00 AM - DEPUTY JUSTIN KOLLER, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED WRIT OF SUMMONS (WOSM) BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE TROY R. SMITH, PROJECT MANAGER, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR KEYSTONE RESTORATION AND BUILDERS, INC. AT 205 SHADY LANE, MANCHESTER, PA 17345. SHERIFF COST: $28.55 November 17, 2011 NOTARY Affirmed and subscribed to before me this JU TI KOL , DEPUTY SO ANS RS, 4 4 RIC D P K ERLEBER, SHERIFF H 17TH day of NOVEMBER 2011 T I I A E. N TARY PUBLIC . S,o;; p.,gft CITY OF YORK, YORK COUNTY MY COh1MISSION EXPIRESAUG. 12. 2013 SHERIFF'S OFFICE OF ERIE COUNTY Bob Merski JAMES HASKINS Sheriff Criminal Division JON HABURSKY JEFFREY GUILD Chief Deputy FO"W WMPRME Civil / Instructor CINDY L BURTON Case Number vs. 2011-07909M ERIE INSURANCE GROUP SHERIFF'S RETURN OF SERVICE 10/21/2011 10:20 AM - DEPUTY TONY SANFILLIPPO, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED WRIT OF SUMMONS (WOSM) BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE JESSICA BRENNAN (AIC), WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR ERIE INSURANCE GROUP AT 100 ERIE INSURANCE PLACE, ERIE, PA 16530. 3! TONY SA ILLIPP UTY SHERIFF COST: $68.00 October 24, 2011 SO ANSWERS, BO-9 MERSKI, SHERIFF MLY Erk TELELdE* NWPublc $241A NOTARY Affirmed and subscribed to before me this ?p ?- day of L ?? Plaintiff Attorney; ROMINGER LAW OFFICE, 155 SOUTH HANOVER S RLISLE, PA 17013 un, - Ad TF?`QNOY4t STEPHEN L. BANKO, JR., ESQUIRE 4? N Pa. Supreme Court 1. D. No. EDELSTE N 41727 3510 P Road Camp Hill PA 17011 Cam LAND COU4' `r , , hone: (717) 760-7501 Tele Li IN p FAX: (717) 975-8124 E-mail: sbanko&margolisedelstein.com Attorney for Defendant Erie Insurance Group IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CINDY L. BURTON, DOCKET NO. 11-7909 Plaintiff CIVIL ACTION - LAW V. KEYSTONE RESTORATION AND JURY TRIAL DEMANDED BUILDERS, INC. and ERIE INSURANCE GROUP, Defendants TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant, Erie Insurance Group, in the above-captioned matter. EDELSTEIN Date: ?. I By. STEPFIEN L. BANKO, JR. Attorney for Defendant, Erie Insurance Group I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the day of Q , 2012, and addressed as follows: Steven R. Snyder, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) James E. Chiaruttini, Esquire Stock & Leader Susquehanna Commerce Center East 221 West Philadelphia Street Suite E-600 York, PA 17401-2994 (Counsel for Keystone Restoration and Builders, Inc.) MARGOLIS EDELSTEIN fi*lm. I*V , Angela 10. Gayman, Sec tary STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko(a-maraolisedelstein.com ttorney for Defendant Erie Insurance Group IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BURTON CINDY L DOCKET NO. 11-7909 , . m uo Plaintiff 7-1« CIVIL ACTION - LAW ?; v ao t V. P. C- =C KEYSTONE RESTORATION AND JURY TRIAL DEMAND ED BUILDERS, INC. and r2 ERIE INSURANCE GROUP, Defendants MR W M , " TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. OLIS EDELSTEIN Date: By: 1 S"'?PKI L. BANKO, JR. Attorne for Defendant, Erie Insurance Group IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CINDY L. BURTON, DOCKET NO. 11-7909 Plaintiff CIVIL ACTION - LAW V. KEYSTONE RESTORATION AND JURY TRIAL DEMANDED, BUILDERS, INC. and ERIE INSURANCE GROUP, N , Defendants mac-} - Milli FORMA TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against the Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. Dated: Prothonotary Z"id b. I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the day of I Y I?(V L J , 2012, and addressed as follows: Steven R. Snyder, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) James E. Chiaruttini, Esquire Stock & Leader Susquehanna Commerce Center East 221 West Philadelphia Street Suite E-600 York, PA 17401-2994 (Counsel for Keystone Restoration and Builders, Inc.) MARGOLIS EDELSTEIN Angeld M. Gayman, SObretary STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court 1. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: shank maroolisedelstein.com F iLED~Di` FICE I3 TH E PHTHONOTA `f 2012 MAR 13 PM 1: 30 CUMBERLAND COUNT`l PENNSYLVANIA Attorney for Defendant Erie Insurance Group IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CINDY L. BURTON, DOCKET NO. 11-7909 Plaintiff V. CIVIL ACTION - LAW KEYSTONE RESTORATION AND BUILDERS, INC. and JURY TRIAL DEMANDED ERIE INSURANCE GROUP, Defendants The undersigned hereby certifies that a true and correct copy of Rule to File Complaint of Defendant, Erie Insurance Group, was served upon the person and in the manner indicated below: Service by First Class Mail Steven R. Snyder, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) OLIS EDELSTEIN Date: By: S- _PI N L. BANKO, JR. Attorney for Defendant, Erie Insurance Group IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CINDY L. BURTON, DOCKET NO. 11-7909 Plaintiff CIVIL ACTION - LAW V. KEYSTONE RESTORATION AND JURY TRIAL DEMANDED BUILDERS, INC. and ERIE INSURANCE GROUP, Defendants TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against the Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non gyros. Dated: 3 R la -T Prothonotary David D. 8ml TRUE COPY FROM RECORD In TeMmony whereof, I hm unb aat mX hand and ft seal of 70 at ?sMsia ft Tha--??`-daAh 20J A_ ?. , ?0 ? Pratl?onotary I 'V I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the of 2jrJU , 2012, and addressed as follows: Steven R. Snyder, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) James E. Chiaruttini, Esquire Stock & Leader Susquehanna Commerce Center East 221 West Philadelphia Street Suite E-600 York, PA 17401-2994 (Counsel for Keystone Restoration and Builders, Inc.) MARGOLIS EDELSTEIN Angela . Gayman, Se tary Steven R. Snyder, Esquire Rominger & Associates PA Attorney License No. 90994 2? 12 APP I I f'i't 3: 52 155 South Hanover Street Carlisle, PA 17013 '= UMBER C_AilJ CJ J III- (717) 241-6070 P E N N S Y LVA H1 rAttorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILIP BURTON CINDY L. BURTON Plaintiffs V. KEYSTONE RESTORATION AND BUILDERS, INC. ERIE INSURANCE GROUP Defendants CIVIL ACTION NO. 11-7909 JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE SUIT AS TO ONLY ERIE INSURANCE GROUP TO THE PROTHONOTARY: Please mark the above docketed suit Discontinued as to only Defendant Erie Insurance Group. 10 7?? Date: April 11, 2012 Steven R. Snyder, Esquire Rominger & Associates PA Attorney License No. 90994 155 South Hannover Street Carlisle, PA 17013 (717) 241-6070 Fax (717) 241-6878 snyder@romingerlaw.com eta ?---73 ya- Steven R. Snyder, Esquire Rominger & Associates PA Attorney License No. 90994 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILIP BURTON CINDY L. BURTON Plaintiffs V. KEYSTONE RESTORATION AND BUILDERS, INC. Defendants : CIVIL ACTION NO. 11-7909 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following by mailing a true and correct copy of same via US Mail, First Class, postage paid, from Carlisle, Pennsylvania: James C. Chiaruttini, Esquire Stocjer & Leader Susquehanna Commerce Center East 221 East Philadelphia Street, Suite 600 York, PA 17401-2994 Stephen L. Banko, Jr. Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Erie Insurance Date: April 11, 2012 Steven R. Snyder, Esquire Rominger & Associates PA Attorney License No. 90994 155 South Hannover Street Carlisle, PA 17013 (717) 241-6070 Steven R. Snyder, Esquire c..> Rominger & Associates L012 A F R I I Pt ' PA Attorney License No. 90994 155 South Hanover Street UM3ERLAND PENN Carlisle, PA 17013 S LVA ? (717) 241-6070 Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILIP BURTON CINDY L. BURTON Plaintiffs v. KEYSTONE RESTORATION AND BUILDERS, INC. Defendants : CIVIL ACTION NO. 11-7909 : JURY TRIAL DEMANDED N O T I C E YOUHAVE BEENSUED 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court House Court Administrator 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 4 N O T I C I A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la facha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en Persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas encontra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Court House Court Administrator 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 4 ` Steven R. Snyder, Esquire Rominger & Associates PA Attorney License No. 90994 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILIP BURTON CINDY L. BURTON Plaintiffs : CIVIL ACTION NO. 11-7909 V. KEYSTONE RESTORATION AND BUILDERS, INC. JURY TRIAL DEMANDED Defendants COMPLAINT NOW COMES the above named Plaintiffs, Philip and Cindy L. Burton, by and through their attorney, Steven R. Snyder, Esquire with the Law Firm of Rominger & Associates, and file the within Complaint, and in support thereof, avers the following: 1. Plaintiffs are Philip and Cindy L. Burton, adult, married individuals residing at 138 Willow Mill Park Road, Mechanicsburg, Pennsylvania 17050. 2. Defendant, Keystone Restoration and Builders, Inc., (hereinafter "Keystone Restorations") is a duly registered Pennsylvania corporation with a principal place of business registered as 205 Shady Lane, Suite 100, Manchester, Pennsylvania 17345. 3. In the early morning hours of Sunday, September 27, 2009, a fire started in a house located at 110 N. Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, and rapidly spread through the attic to the two adjoining units at 108 and 106 N. Market Street. 4. At the time of the fire, Plaintiff Cindy Burton did reside at the 106 N. Market Street unit that was damaged by said fire, and had rented said residence for a period of nine years. 5. The Plaintiffs did incur substantial personal property loss in the fire, to which they made a claim against their rental insurance policy carried by Erie Insurance Group. 6. At the time of the fire, Plaintiffs were out of town attending a wedding, upon returning they found the destruction of her home and their landlord, Bruce Furman, in the residence boarding up windows. Landlord informed them that he had contacted Erie Insurance and they would be coming the next day to inspect the damage. 7. Plaintiff arrived at the residence at approximately 7:30 AM on Monday, September 28, 2009 and found Gregory Hess and Troy Smith, representatives of defendant Keystone Restorations, waiting outside leaning against a white pick-up truck; within an hour Landlord, Bruce Furman and Michael Potosky, an adjustor representing Erie Insurance, arrived and conducted a walk-through of the residence. 8. Subsequent to the walk-through, Michael Potosky advised the representatives from Keystone Restoration of the restoration work to be done, then walked outside with the Plaintiffs and advised them that Erie Insurance was hiring a company that would inventory their belongings. 9. Plaintiffs never received an inventory of the personal property removed from the premises in spite of them being informed verbally that one would be provided and notwithstanding language in the contract between Plaintiff and Keystone that an inventory would be provided.. 10. After approximately two hours, the men from Keystone Restoration introduced themselves to the Plaintiffs as Greg Hess and Troy Smith and advised them that their belongings should be removed from the premises as soon as possible and put into storage to avoid further damage. 11. The two Keystone representatives stressed several times to Plaintiffs that they should not hire a private adjuster because they were expensive and because Erie would do that work for them at no charge. 12. When Plaintiffs arrived at the residence the next day, Tuesday, September 29, 2009, the two men from Keystone Restoration were again there, and offered to salvage seven pieces of wooden furniture, the kitchen dishes and utensils, and family photographs; quoting Plaintiffs a price of $12,000 or less for said services. The men from Keystone advised Plaintiffs that the family photographs would promptly be placed in a drying chamber and could be salvaged. 13. On September 29, 2009, Plaintiffs entered into a written agreement with Keystone Restoration for the inventory, removal, cleaning, storage and return of their personal property damaged by the fire and water, as well as the disposal of contents in the basement that were a total loss from the fire. The Septmber 29 contract stated that the "contents of the premises would be packed out, cleaned, stored and packed back." A copy of the agreement between the parties is attached here as Exhibit A. 14. Plaintiffs entered into an agreement with Keystone Restoration predominantly because of a promise that the photos were salvageable, if they were taken care of as soon as possible and that they would be promptly separated, desmoked/deodorized and dried; the family photos retained great sentimental value to the Plaintiffs. 15. Gregory Hess took possession of said family photos on September 30, 2009 for the purpose of separating, drying and deodorizing said photos, placing them in plastic bags and removing them from the premises. 16. On September 30, 2009 an individual named Susan Diefert from SOS Personal Property Specialists, Inc. (hereinafter referred to as "SOS"), hired by Erie Insurance arrived at the property to begin inventorying the property before it was removed from the premises and at approximately 10 AM she began to inventory Plaintiffs' property. See Exhibit B which is a true and correct copy of the document provided by SOS explaining the inventory services provided to them in connection with the fire restoration services. 17. On Thursday, October 1, 2009, Keystone Restoration sent two employees to pack the Plaintiff s kitchen items under Plaintiff's supervision. 18. On that day, October 1, 2009, prior to the property being inventoried, the Keystone employees packed kitchen items and furniture to be moved to a storage facility owned by Keystone Restoration. 19. During the time the Keystone employees were removing Plaintiffs' belongings, on October 1, the person Erie hired to do the inventory, Susan Diefert from SOS, was trying to inventory the property before it was removed from the premises, but the Keystone employees continued to remove Plaintiffs' property without it having been inventoried. 20. At approximately 2:00 PM Plaintiff witnessed Greg Hess and Troy Smith from Keystone confronting Susan Diefert from SOS indicating that the Keystone people needed to remove the property from the premises immediatly, notwithstanding the fact that the property was not inventories. 21. Susan Diefert, then called her supervisor to inform them that the Keystone employees were removing Plaintiffs' property before it was inventories. 22. Susan Diefert then gathered her belongings, informed Plaintiffs and the Keystone people she would leave and come back on October 6 to do the inventory. 23. After Diefert left, Greg Hess and Troy Smith again talked to Plaintiffs about the cost of removing and restoring Plaintiffs' belongings after much of the property had already been removed and not inventoried, 24. A disagreement ensued as to the price Keystone was asking in order to complete the job and exactly what was included under the contract. 25. Plaintiffs then brought six large plastic Ziploc bags of family photos to the Keystone people who informed them that if they took the wet photos and some that were hanging on the walls that same day, they would be able to place them in a drying chamber and make them "as good as new." 26. Plaintiffs and the Keystone people continued to disagree about the amount of money Keystone was charging them to restore Plaintiffs' belongings and what was included for that price, at which point Greg Hess informed Plaintiffs that he had been informed by Erie Insurance the amount of money they had to restore their belongings as well as replace everything that was damages and lost, indicating the Keystone and Erie had been working together the whole time. 27. At that point, Plaintiffs agreed with Keystone that Keystone would restore the specific items discussed, including all of the family photos for the agreed to amount of "twelve thousand dollars ($12,000.00) or less." 28. The parties agreed that Plaintiffs would pay six thousand dollars ($6,000.00) in advance and the other six thousand dollars ($6,000.00) when the belongings were restored and returned to Plaintiffs' new house. 29. The Keystone representatives then took the photos and informed Plaintiffs that they would be back the following day to continue to remove Plaintiffs' belongings and that they would inventory them. 30. In the following days, numerous individuals came to the premises to remove belongings, 31. Plaintiffs were at the premises every day to supervise the careful removal of many antiques. 32. During the rest of the month of October, Plaintiffs belongings were being removed from the premises. 33. During the time Keystone was removing debris from the house and dumping it into a dumpster that Plaintiff's had rented. 34. When Plaintiffs' approached Greg Hess about their use of Plaintiffs' dumpster, Keystone agreed to reduce the contract price by one thousand dollars ($1,000.00) 35. Keystone had Plaintiffs' belongings in their possession throughout November and early December 2009 and on December 17, 2009 Plaintiffs called Keystone to inform them that they had a new house and that Keystone could deliver Plaintiff's belongings. 36. On December 23, 2009 Keystone pulled up in front of Plaintiffs' new residence with a large truck and informed Plaintiffs that they would not open the truck to begin unloading Plaintiffs' belongings until they received the final payment of five thousand dollars ($5,000.00). 37. As the truck was unloaded, Plaintiffs noticed that a large antique mirror was broken, which Plaintiff was sure was not broken when it was taken from the previous residence. 38. As Plaintiffs began to unpack the items they noticed many items had been damaged, which were not damaged when they were loaded from the previous location. 39. Many other items were missing. See Exhibit C which is an itemized list and corresponding estimates for repair or replacement of the items which were taken from the fire damaged residence which were either damaged, not restored as promised or missing. 40. In addition, Plaintiffs received all of the family photos back and they were still in plastic bags and had never been dried out and restored as promised. 41. Greg Hess from Keystone also informed Plaintiffs that they had worked on another fire damaged property and that some of Plaintiffs belongings were mixed in with the other customers and would be returned by them. Hess promised to get back to Plaintiffs by January 11 2010 on the missing property. 42. On January 18, Plaintiff spoke to Hess and was informed that Plaintiffs missing belongings were not found. 43. Hess also informed Plaintiffs that he would take back the wet photos by January 25 to have them restored. By this time the wet photos were in plastic bags for approximately four to five months. 44. Keystone picked up the wet photos in the plastic bags on February 3, 2010 and several months later on April 17, Plaintiffs received the same box full of photos in the mail and when they opened the box they found the photos were still wet and had not been restored. 45. Plaintiffs have taken the family photos to Fine Art Photo and have been quoted a price of twenty-five thousand, seven hundred and ten and 95/00 ($25,710.95) to have them properly dried and restored. Estimate is attached as Exhibit C. 46. When Plaintiffs received their property from Keystone Restoration, and began to go through it they found that some of the property that had been taken was not returned and was still missing. 47. Plaintiffs also found items returned broken, which were not broken when they were taken by Keystone. 48. They also found items which Keystone took, which were supposed to have been cleaned and restored, and which nothing had been done to restore the items. 49. A list of the property which was either: (1) never returned, (2) was damaged while in the possession of Keystone Restoration, or (3) was taken and not restored as agreed to, and the cost estimated to replace or restore same, in the amount totaling thirty-six thousand, four- hundred, thirty-one and 66/100 dollars, ($36,431.66) is attached as Exhibit C, COUNTI PLAINTIFFS V. KEYSTONE RESTORATION BREACH OF CONTRACT 50. Paragraphs 1 through 51 are incorporated herein as if set forth at length. 51. Plaintiffs entered into a contract with Keystone Restoration whereby Plaintiffs agreed to pay to Keystone twelve thousand dollars ($12,000.00) in return for Keystone Restorations' agreement to remove, restore and return all of Plaintiffs property which had been damaged by fire. 52. The contract between the parties was supported by mutual assent and valuable consideration. 53. Plaintiffs fulfilled their responsibilities under the agreement when Plaintiffs paid Keystone Restoration the agreed to price for the work set forth in the contract. 54. Keystone Restoration breached the contract when Keystone: (a) lost and did not return numerous articled of personal property taken to be restored, (b) took and subsequently returned belongings of Plaintiffs which were to be restored and for which no restoration work was done, and took items belonging to Plaintiffs which had smoke and water damage but were not broken, and subsequently damaged the belongings while in Keystones' possession. 55. In addition, Keystone breached the contract with Plaintiffs when they took numerous bags full of wet family photos which Keystone agreed to dry out and restore, and instead, left the photos sit in the wet bags for nearly six months and then returned them to Plaintiffs in the same or worse shape than when they took possession of them. 56. As a result of Keystone Restorations breach of the contact with Plaintiffs, not only has Plaintiffs suffered damages in the amount of the twelve thousand dollars they paid for work that was not performed properly, but Plaintiffs have suffered financial loss in an amount substantially greater than the contract price as a result of Plaintiffs having to replace items which were lost or damaged, and in having to take the family photographs to a specialist to have them restored due to the length of time they sat in wet plastic bags while in Keystones' possession. WHEREFORE, Plaintiff requests this Honorable Court enter judgment on their behalf and award them damages, in an amount in excess of the limits of arbitration, together with any other relief this Court deems appropriate and in the interest of justice. COUNT II PLAINTIFFS V. KEYSTONE RESTORATION VIOLATED THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW (73 P. S. 201.1, ET. SEQ.) 57. Paragraphs 1 through 58 are incorporated herein as if set forth at length. 58. The Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL) defines "Unfair methods of competition" and "unfair or deceptive acts or practices" to include: (4) "Unfair methods of competition" and "unfair or deceptive acts or practices" mean any one or more of the following: (xiv) Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made; (xvi) Making repairs, improvements or replacements on tangible, real or personal property, of a nature or quality inferior to or below the standard of that agreed to in writing; (xxi) Engaging in any other fraudulent or deceptive conduct which creates likelihood of confusion or of misunderstanding. 73 P.S. §§201-2 59. The UTPCPL further provides that: §201-3. Unlawful acts or practices: exclusions Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce as defined by sub-clauses (i) through (xxi) of clause (4) of section 2 of this act and regulations promulgated under section 3.1 of this act are hereby declared unlawful. 73 P.S. §§201-2 60. The warranty contained in the contract between Plaintiffs and Defendant provided that Defendant would restore Plaintiffs' property to the prior condition of the property prior to the damage by fire and that Defendant's work shall be free from defect in workmanship.. 61. Defendant violated UTPCPL when Defendant failed to comply with the terms of the written guarantee or warranty given to Plaintiffs at, the time the contract for services was made by failing to restore Plaintiffs' property to prior condition of the property prior to the damage by fire, and failure to perform the work free of defect and when Defendant returned Plaintiffs property, there were specific items that were either: (1) never returned, (2) were damaged while in the possession of Keystone Restoration, or (3) were taken and not restored as agreed to, as required under the contract. 62. Defendant further violated the UTPCPL when Defendants repairs to Plaintiffs' personal property where of a nature and quality which was inferior to and below the standard agreed to in the contract between the parties. 63. Defendant also violated the UTPCPL by engaging in fraudulent and deceptive conduct by not allowing an inventory of Plaintiffs personal property to be performed by the contractor hired to make the inventory and by not making an inventory themselves when Plaintiffs' property was removed from the damages premises to be repaired and/or restored, which creates a clear likelihood of confusion and of misunderstanding as to what items were removed and the conditions of the said items removed and taken by defendant for restoration.. 64. Pennsylvania courts had determined that, "[i]n order to establish a violation of ... [73 P.S. § 201-2(4)(xxi)] a plaintiff must prove all of the elements of common-law fraud." Sewak v. Lockhart, 699 A.2d 755, 761 (Pa. Super. 1997). 65. In order to establish a cause of action for common-law fraud in Pennsylvania, a plaintiff must establish that there was: (1) a misrepresentation, (2) a fraudulent utterance thereof, (3) an intent by the maker that the recipient will thereby be induced to act, (4) justifiable reliance by the recipient upon the misrepresentation, and (5) damages to the recipient as the proximate result. Scaif Co. v. Rockwell-Standard Corp. 446 Pa. 280, 285 A.2d. 451 (1971). 66. Defendant made a material misrepresentation when defendant told Plaintiffs both verbally and in writing that their property, damaged by fire would be restored to its original condition. 67. Defendant further made a material misrepresentation to Plaintiffs when, after not allowing the contractor hired to make an inventory of the property removed from the premises, Defendant told Plaintiffs that they would make an inventory of the personal property taken from the premises. 68. The misrepresentations were made by Defendants to Plaintiffs both verbally and in writing. 69. The misrepresentations were made by Defendant with the intent, first to induce Plaintiffs to sign the contract, subsequently to induce Plaintiffs to allow the work to continue without the required inventory being prepared by the contractor (SOS) and finally to induce Plaintiffs to pay for the work performed by Defendants, in spite of the fact that the work was not completed as promised and numerous items of Plaintiffs were never returned. 70. Plaintiff did justifiable rely on the fraudulent utterances made by Defendant. 71. As the direct, foreseeable and proximate cause of Defendant's fraudulent misrepresentation, Plaintiffs have suffered monetary damages in that their property taken by Defendants to be restored was either: (1) never returned, (2) was damaged while in the possession of Keystone Restoration, or (3) was taken and not restored as agreed to. 72. Subsection 201-9.2 of the UTPCPL provides as follows: §201-9.2. Private actions (a) Any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or person, as a result of the use or employment by any person of a method, act or practice declared unlawful by section 3 of this act, may bring a private action to recover actual damages or one hundred dollars ($100), whichever is greater. The court may, in its discretion, award up to three times the actual damages sustained, but not less than one hundred dollars ($100), and may provide such additional relief as it deems necessary or proper. The court may award to the plaintiff, in addition to other relief provided in this section, costs and reasonable attorney fees. 73 P.S. §§201-9.2(a) WHEREFORE, Plaintiff requests this Honorable Court enter judgment on their behalf and award them treble damages court costs and attorney fees, as provided by the Pennsylvania Unfair Trade Practices and Consumer Protection Law, in an amount in excess of the limits of arbitration, together with any other relief this Court deems appropriate and in the interest of justice. Date: April 11, 2012 4n, Steven R. Snyder, E quire Rominger & Associates PA Attorney License No. 90994 155 South Hannover Street Carlisle, PA 17013 (717) 241-6070 Fax (717) 241-6878 Snyder@romingerlaw.com VERIFICATION I, Cindy L. Burton, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: 13, -Z,.?>l 2/ indy y L. B n Steven R. Snyder, Esquire Rominger & Associates PA Attorney License No. 90994 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILIP BURTON CINDY L. BURTON Plaintiffs V. KEYSTONE RESTORATION AND BUILDERS, INC. Defendants : CIVIL ACTION NO. 11-7909 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following by mailing a true and correct copy of same via US Mail, First Class, postage paid, from Carlisle, Pennsylvania: James C. Chiaruttini, Esquire Stocjer & Leader Susquehanna Commerce Center East 221 East Philadelphia Street, Suite 600 York, PA 17401-2994 Stephen L. Banko, Jr. Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Erie Insurance Date: April 11, 2012 - 6 ?t; ??- /' Steven R. Snyder, squire Rominger & Associates PA Attorney License No. 90994 155 South Hannover Street Carlisle, PA 17013 (717) 241-6070 Fax (717) 241-6878 EXHIBIT A Y?6 W. • Insua-+ar>tcs ?estor?atior>, Specialist 205 Shady Lane, Suite #100 Manchester, PA 17345 PHONE: (717) 767-7771 FAX: (717) 767-7773 We herewith submit proposal for materials and labor to be supplied at the sole request and order of. Customer Name: . Customer contacts: .f lv Customer Address: Customer contact Numbers: Home: f r„ ¢ f r f r` Mobile 7 r' Business: Hereinafter referred to as the Owner, for work to be performed on the premises set forth above, for work described as follows: The estimate accompanying this Contract is for restoring the building and/or contents to the prior condition with regard to quality and materials used. Substitutions with materials of equal quality may be made where the exact original materials are no longer available. Due to the nature and condition of a home after fire or water damage, this estimate merely reflects an approximate evaluation of the damage. Items may be added to the scope of work and some items may not have to be done. The guarantee to you, the Owner, is that the dwelling will be restored to its prior condition or better. Keystone Restorations will supply all materials and labor referenced in the estimate unless otherwise specifically stated. This contract is between the Owner and Keystone Restorations. While the company may offer estimates and other assistance to the Owner in filing the claim with an insurer, it is the responsibility of the Owner to negotiate all coverage and payments directly with the insurer. Specifically, the Owner is responsible for obtaining and disbursing to Keystone Restorations all payments in accordance with the payment terms indicated below. CONTRACT PRICE PAYMENT SCHEDULE 61. t'A ?..?k?. ,???f?`'?a?.+$P,.n rgs?+., P'-<?E?Ot'. i`.'k'p'?' r i r ?w "t ALL PAST DUE AMOUNTS WILL BE SUBJECT TO AN INTEREST CHARGE OF 11/2 % PER MONTH Please refer to conditions on reverse side. These conditions are an integral part of this contract. My signature below indicates that I have read the reverse side of this contract. Owner's Acceptance The terms, specifications and conditions (see reverse side) are satisfactory and are hereby agreed to. You are authorized to do the work as specified and payment will be made as outlined above. The owner, upon signing this agreement, represents and warrants that he is the owner of the aforesaid premises and that he has read this agreement. Owner Contractor's Acceptance Company Representative Accepted by Contractor This proposal may be withdrawn if not accepted within 30 waq sawed aq1 kq paa8!s put papuame put pagWui os suo!s!eoad put smaal aqp klleagoads 8upea8!sap wamn0op uanum a kq ldaaxa •papuame po pag!pom aq 1ou few pus otaaaq sawed aqp uaamlaq sluamaaa9e put suotssnas!p poud pae aagpo Ile sapauadns •olapaq sawed agp jo 8u!pumspapun arpua aq1 stuasapdai puam"fiV SUU •mel e!ueniksuuad qp!m aouep:ooae u! paopojua pue pannsuoa aq ((eqs pue'e!uenlAmuad'1[poA 1m papangap 8u!aq s! luamaaagV snly -sa sse put sxossamns Hall put maaag sapaed agp'kq algeaoaojua aq pue jo pgauaq aq1 m aznul put 'uodn su!pu!q aq hags luamaazsV sltp jo suual atp jo IIV •SnOdbidTrDSIW I I 'a7a'stamog'a8ego;'sumel'saan •sgtugs at a8amep pone o1 am algeuoseai as!waxa II!^s iolaenuo? aqy -ails alp muo guuom puamdmba kue;o ptl8!am alp at anp °a1a `sgana'splle aap!s akemanup o1 maao kem ga!gm sakutep put nam. p Ile utog pasealap .(gaiaq s! --D atLL •s(e!1a1em uoMunsum put mpwi kneaq po; ssame apmnbape gpyA aopaenuoD ap!noad o1 aaam0 atp jo /a!I!q!suo&ap agp aq R- g •pa&ega aq U- anoq uem 3-1 gad scallop (00.OES) ku!gp jo aaj -Was e'amp palnpatlas alp it - )laom o1 pap!noad 1ou s! sagmaad 01 ssame jI -ssaasa pvt ssalsul su!pupu! ease p[poM agp o1 ssaaae tp!m amaenuoD alp ap!noad [legs aaum0 atLL -XROM Ma d0 am 81Iy O.L SS DOV '01 •aaum0 alp jo kpq!q!suodsaz atp aq Il!m papno aauemsu! s,aaum0 aqp kq uaplel 'algea!Idde j! `sag-g3.taglo ao aop"idap •s,.I ;!lonpap ku v -suonwoleag auoiskag kq.pwapuaz saawas agoads alp Rp!m uopaun(uoa u! pans! geap ` jo plaaga aauemsu! kue moq spaaaopd Ile put kue suomatrpsag auotskag o1 sa,- dlgeaonazn aaum0 -palea!pu, alep pun amp aqp in imauoD s!tp jo aged moaj av p uo quo; pas spunome alp iolaenuoo atp And o1 saaz8e iaam0 •SaR=, -Id SDNV VnSM do JMWN!9ISw C[NV lIHNMO Aq imngAVd •6 •aaj aowas (0O'SES) ang-.tu!gy a u! plnaa Ulm goaga paiumag Am aaaoad legal qan q1!m uo!laeuttoa u! polaenuoD aq1 kq paunaul slsoa algeuoseai aagpo pun saaj s Aatuoue algeuoseaz panoaaa o1 pappua aq Ipgs popaeapuoD all, •iaumO aq1 moaj 8u!mo put anp sums kue ianoaai o1 sgu!paaaopd legal 8uuq of seq aolatnuo:) at111¢gp puana agp ul -saa!onu! 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'sapem!asg 'z[mM agp jo uopaldmoa ut skelap lenuelsgns dam iaj alq!suodsai aq 1ou (legs mpasnuo:)alp uagl 'paum0 atp kq pazuoglne kelap kq jo 'lonuoa s aopatapuoD atp puokaq sasnea due ao •saplensea algep!onsun 'aIgeivdppue dlgeuonai lou suoplpuoa pa11peam aspanpe uopeuodspnn u< skelap lensntm aig'salttda!p poge[ kg ao'plaoM alp m papapm salumv kq jo •iacun0 alp kq pakoldma mlaeuum atepedas jo aakoldma due jo aaum0 aq1 jo laalsau ao 1ae due kq 1uoM aqp jo ssa.>8md agp u! auup due it pakelap s! popaenuoD alp jl •saomj ambape qpt n klsnon!padxa pnmaa; VOR, 2111 ka]ea I(egs -enuoD aiLL •HWLI. 30 SNOIq[•IrTM M S7LVT3Q (INV ]ATOM eIIIU dO.LNUMN31AMOD 'L 'e!uenikSaaad `dlunoD 11poA aq Um p poenaoo s!qp m Suptlap apndslp due jo p= io 8uueag aql poj uoneaol ai p my aaz8e sa!ued at[y -emeniksuuad 'kpunoD p[aoA ioj pue u! seald uoacmoD jo -D alp jo uoga!psunj alp o1 p!mgn o1 aap8e sa!utd •- aqy 7oenao:) s!q1 papun plnejap aqp ioj saseump, aatmaa o1 put paenao:) slip jo sptpmaanoa He pue due jo trued sucllnejap alp kq aauemaojaad aaaopca op kpmba jo mpl 1t:agp!a s2!pa2aoad.tatpo an mopae ao uopae legal apeadopdde kq paaaoad (q) ao/pue algeked put anp klale!pancm! kutd Bwlne;ap ^ aq1 kq due j!'anp amoaaq o1 pue anp sums Ile anlaap (e) :dam clued suulnugap-mu ag1'paenuoD aq1 jo gaeazq a jo amaunaao agp uodll •.L•IILV IgC[ / l ,. •qo( alp jo pua alp lie Bu! [[!q leug agp u! paddeaaz po aapa0 a8ueq? e? q1!m palpueq aq iagl!a dam pue 'sulpaaawd aaopaq an!pepuasazdaa aauepnsui alp kq pan(adde aq Il!m'suopipum) paleaauoa m anp uago -mm a aauemsu! ag18u!nlonu! penuo:) alp o1 saguegD 'sa8aega lemaou alp 01 uop!ppe u! 00-055 iml lie jo a&egams a anlonu! klletuaou pue •pa2epnoas!p axe po¢apuoD alp jo 8u!uS!s .pa1;e adoas at saftila aaum0 -(aapa0 asuvgD alp jo uopaldmoa is %OS put ums it %OS klle tuou) luamked jo pogpam alp pue 'gaud a11p'sa8uela aqp 8upets aapi0 a8ueqD a qp!m palpueq aq [I!m p[aom aautmsu! jo adoos agp appsltto paenuoD agp at sa8ueqD •Sa!)UV D WNOLLI(I(IV 'S •sap!IUn paleaavw alp jo aolaenvoD alp auoju! 01 pal!ej sag paump alp jt sanqun paleamoa m asemep jo lino gu!sLm sav!l!ge!I jo spsoa due moo; polaenuoD agp k;!amapu! (legs paum0 atly •anpmuasaadap aauemsu[ alp kq panoadde uaaq antq sasae11a palelai pus suo!ltppe aqp it 8ugttq leag alp u! ao/pue aapa0 asueqD a . q papsn(pe aq [legs gaud ummu0o alp 'paaapanoaaa aq •paenuoa slip u! aoj pap!eoad aapaepega aq1 jo tllom u! lumaqu! se paztu>8ooaa kllwauas put paialunoma, klueaquo asogp mopj klleaaltm 8uuajp.p'a=eu ppnnun ue jo airwnns alp u! suoptpuoa umouplun io paleaauoa plnogs m'ssol alp aalje kuWopd aq1 jo uop!puoo aqp o1 anp 'suonlpuoo paleaaaoa pptogS •SNOLLIQNOD QHTV3:)NOD 'b joamp anlen algenum IM in ails aq1 in p[pom aapua alp uodn aauemsu! kuadwd ulepumm put asegamd hags zaum0 aqy •paenuao s!qp span suopepado mopj as!- kem galgm suaela 1sun:8e paum0 alp laapoad II!m se aautmeuc Bans u!mu!em pus asegaand Arm •uoudo s aaum0 aqp in put aauemsu! Ault -g a ao s,paum0 all 8tp!a!epu!ew put 8u!segamd mj alq!suodsap ag hags aaum0 aqy witagoatt s iopaenuoD coos} suppreaa Auadmd alq!gum jo uoWnmsap jo km(u! kltpoq jo asntaaq ';Iasi! ppom ay o1 uegp aalpo'sagemep poj smlela 1oj aauemsu! (q) uopesuadum s iatlaoM (t) u!munm put asegamd (legs popatnuoD aly •H:>NVNIISM a'£ 'imaenuoD agp kq pasegaand 'geuawur paepums aq lp! suopaalac IIV -skelap p!ont op papsanbaz se •suo!palas aolw pun Ieuatem He 7!mgns lp w aau.n0 atLL -pa=as ape plaom alp jo uopaldacoa pue uopnoaxa padoad aq1 soj 6aessaaau uonaadsu! pue sawaaq'saa; lepuamuaano8 pue slmuad 11E pegl amste-op alq!suodsaa sl iaump atly -ails aup o1 pazangap 22211 aneg ga!gm gupaiew pue iuamdmbo ne pue p(aom pa3aldtuoa lle;!o uo!ioaicud pue kpunaas aqp poj alq!suodsap s! paum0 ac[y plpoM atp jo ails 2111 ao; suopeaol k111pn put saopep!mq p>8aI 'sansuapaazega po!skgd alp 8u!pielf paambaa uoutauojat IT, gs!mnj U- aattm0 atly -alpoM alp aoj paxlnbaa sagpega pule spuatussasse 'spaamasea'sppnopdde diessaaau Us aoj And pus amaas hags aaum0 aq L •SHLLPIIHISNOdSHH SiI7NM0 'Z •pamwe seq uopae jo asnea alp aa4e peak (I) auo utgp azom aaum0 kq lgetcoiq aq few luaux"e slip jo lino 8u!sue uouae of l •p!ed aoud aq1 u! papaagap s! uoueaolle s!111ag1 pua pattm0 pae aoiaenaoD alp aaampaq aml!e; panpoad jo plsu alp sapeaollt gdvalmed slip m p sagpalmompe ;x aUA% 0 -sauoat p pagpo po 'laealuoa 'uo1 'aaua8g8aa uo paseq aalpagM •papunaaaq pap!noad saowas o1 pied fl[emae punome alp op pap!mq aq II!m 7aeamoa s!q1 jo gaeaaq aoj sa8eump anntlmm='laana true ut sassol apuouwa Ienuanbasuoa asnea plnoa nuojaad o1 apnl!ej leap alpalmoam[ seg J==uoD 2111 j! vana pun sa8eacep qan;o k1!I!q!ssod aqp jo pasleps uaaq seq aopatnuoD alp j! uana sa8emep pmuanbasuoa ao Imuap!am 'paanpu! 'pp!?ads kut aoj algeq aq aolaenuo7 aq1 p!m paana ou uI .Bu!pmq aq Ins kptlenem jo noaE]uasazdaz •as!moad'k4aepen8 .luamaaa8e Iwo oil asodpnd -1-!uad t aoj ssamg pue kp!llgm-gaaam jo di-- alp 8ulpnlaul •paOuq - ssazdxg •saputuem aaupo lla jo na11 u! klssaadxa s! kpueuem slily -q pion put lppa amoaaq pat alea!maap Ulm gdeampmd slap u! quo; pas klueuem alp uagp'la=uoD snp iapun anp uagm luaacded aVm o1 sl!ej iaum0 aql jI 'kputuem s aazmaejnuem aqp kq pap!noid se A7NO papueuem aq I(egs aolaenuoD kq paquung sp:ualeW •apeq uopaldmoD aqp moaj skip (S9£) ang A-Is paapunq aaagp jo pound t poj d!gsuetu>(aom u! -ajap true mocj aapj aq Ilegs p[aom alp pegp spueuem popeguoD aqy -e 'A.LNV'dW,ft Qd.LINII'l ' I .LDMLLNOJ ,30 SNOLLIQNOD EXHIBIT B PERSONAL PROPERTY SPECIALISTS we Dear Insured, INSURERS WORLD The Contents Management Solution Your insurance adjuster may have informed you that your claim would be serviced by Insurers World. We have been a market leader in the evaluation and replacement industry since 1978. Insurers World is comprised of many professionals who have been in the .insurance replacement business for years, resulting in a profound understanding of the industry. Many insurance carriers count on Insurers World for quick and accurate claims handling. Insurers World handles claims from start to finish, from loss site to replacement. Since 2005, we have had a program designed specifically to deal with large losses. The I W large loss process begins with our on-site large loss scoping service: SOS (Services on Site) provided by SOS Personal Property Specialists, Inc. This program was started by Bill Stickler, whose experience allowed him to develop a physical and forensic verification process which provides an accurate account of the property losses on site, thus assuring the critical first step is taken in preparing proper compensation. The following is an overview of the SOS process: • Within 24 hours of receiving a claim from the carrier, an SOS representative will contact both you and the adjuster to set up a convenient appointment. • The SOS technician goes to the site with: Authorization to Enter forms, a Digital Voice Recorder, and a Digital Camera. • The SOS technician will walk through the site with you and the adjuster. The SOS team will gather information to document the loss. It is important to discuss items of particular interest, such as belongings of financial or sentimental value. • 100% of the property is identified and recorded during a complete and thorough walkthrough. A total inventory is developed, from large furniture to dry goods in cabinets. • Items that were removed from the site are inspected and photographed. • Unidentifiable debris will be photographed and you will be asked to provide information about the items. We guarantee documentation of 100% of the contents on site. The SOS technicians have undergone extensive training, so they are well prepared to document the quality, quantity, and condition of the contents. Their digital recordings and images enable us to maintain information about the condition of the site and severity of damage at the time of the loss. This documentation becomes invaluable during the remainder of the IW claims process. A copy of the digital images and voice recordings are sent to the adjuster while' another is used by the Insurers World team to perform proper Like Kind and Quality (LKQ' research so you can get your replacement items faster. EXHIBIT C 13,3___ -------------- __ _ - l" S?9 aoia ?_? 8 7/a 9s „rrL - - --- - lOS ?l --- ro-f-t 0? /gaoA 2- 5-0 ?.a^"o-t- C/?o? I ?? ..tea ?. low ,Q? YY 1 0 G o-n.. lala3le), 9 ?!? .o .,,1,.? d-am.?.d ox /a-?a 3 /0 9 ? ?Q' o 0 31o9 ?vr;3o ,?? Guyco ?p ??j?GYcvmo?2 0-1?13 6t'l If- &4m,--?;apq oy? C6,11--a A/vt- ;YL .?n?- ?v mtie mti- )a /a 31,6 9 c ,7110 P (may,, y- L o ?? , n? ? CLI.nmPiu.cm?22/IC? (o7U ?t+X PtA 41L 1-7 ld,o o-? Ctzui€wa ri c 4 Y ? 8 ? z- - ? ? e - k*.?. 60 X ?" AU?? 1L rPaeL? ?6{Zm?A- yams-/ !cues, ,f tceKW'?i.S Ga t ?? ? ? k? J4& i ,? '? **O-k Fine Art Photo, Inc. 328 South 10th Street, Lemoyne, PA 17043 Ph. 717-761-8543 Fax 717-763-1365 www.fineartphotoinc.com Cindy L. Burton 138 Willow Mill Park Road Mechanicsburg, PA 17050 697-6902 August 09, 2010 Dear Ms. Burton, I am so sorry to hear of your devastating fire and loss recently. As per our initial conversation in regards to the three boxes of photographs your brought in for inspection. I have sorted the images in question into a variety of categories requiring different levels of attention or services as listed below.... Category A - These are images that appear to be in satisfactory condition and I would recommend simply to do a photographic copy on new photographic paper. These images while photographically acceptable, show signs they have been exposed to an environment with moisture, heat, smoke, fire and most importantly mold that could adversely affect them in the very near future. Copying these to a new modern photographic material will provide you with images with an expected life of 75-100 years under proper storage conditions. 117 - Images 3.5"x 5" or smaller @ $3.00 161 - Images 4"x 6" @ $3.50 9 - Images 5" x 7" @ $6.00 2 - Images 8" x 10" @ $9.00 Subtotal Category A = $986.50 + tax Category B - These are images that have minor damage to them and require basic retouching to repair. These images will have high resolution scans done, digital airbrushing and finally a new print made on modern photographic materials. 133 - Images up to 8" x 10" @ $39.95 Subtotal Category B = $5313.35 + tax Category C - These are images that have significant damage to them and require more involved retouching to repair. These images will also have high resolution scans done, more elaborate digital airbrushing and new prints made. 81 - Images up to I I" x 14" @ $69.95 Subtotal Category C = $5665.95 + tax Category D - These are images that have major damage to them and require extensive retouching. These images will also have scans, extensive digital airbrushing and new prints made as well. 136 - Images up to 11" x 14" @ $99.95 1 - Image 16x20 @$149.95 Fin. Art Photo, Inc. 328 S. 10th SL Lemoyne, PA 17043 Subtotal Category D = $13,743.15 + tax Ph. 70144M Fax 820-1623 wwwAnsergr/rotoinc.eom EmsU tolnc.com ,rlp Gary Knaub President When von think photo.... think 'FINE ART PHOTO" Full Service Photo Lab - 1310al hnaping and Equlpnwnt Portraft Studio - New & Used Equipment - ProLab Services Fnlaroements and Posters . Snorts a Teem Photoormohv Category E - Your largest group of photos are images that appear to be unaffected and are in good condition. Some show signs of aging not related to your fire issue. Included in this category are also images that are either beyond repair or are materials (I.e. newspaper, greeting cards, audio tapes, etc.) These images and materials will be returned untouched by us. No Charge - no work being provided to these images. Category F - These are images that are stuck together due to improper or delayed treatment at the time of initial handling immediately after the event. I can't strive how important that wet photographs be treated while still wet to minimize the situation that has now occurred. They were exposed to extensive moisture and worse yet allowed to dry and therefore require a series of procedures to attempt to separate the photographs. In their current condition it is impossible to accurately determine what damage, amount of repair is required, or if they are even restorable. The procedures we employ are an escalating scale of complexity and time requirements. It is important to be very aware that the final step we use to separate these images, if needed, does offer a 50/50 potential for totally destroying these images. This final step is only undertaken as a last resort when all other known methods have failed. Assuming successful separation of the images, an additional estimate will be required to address the same issues of these photographs as in categories A, B,C,D, and E. Labor & Materials is unknown and depends upon how many procedures it will require and to what extent of work they need. Estimate to attempt to try and separate Minimum $1000.00 - Maximum $3000.00. This provides no repair to photographs other than attempting to separate. After this step is completed, new estimates for final copying and repairing will be given based upon hidden and unforeseen damages. Estimated Grand Total to complete work as described $25,710.95 + Category F $1000.00-$3000.00 As you can see there is an extensive amount of work to be completed not to mention the large box of images that are stuck together as well. In my experience it might be best to sit down and really identify which images are the most important and start with those. The prices quoted herein are discounted significantly due to the large volume you might potentially need completed. Our normal procedure is to require a 50% deposit to begin work and final payment due upon completion. If you do decide to undertake all of the image restoration and work listed above I would anticipate a 3-6 month time frame for completion due to the complexity and scale of the order. Thank you for entrusting your precious memories to us. If you have any questions, please do not hesitate to contact me. Sin ly, l Gary L. Knaub President - Fine Art Photo, Inc. CPCTM - Certified Photographic Consultant SPFEO - Member Society of Photofinishing Engineer PPA© - Member Professional Photographers of America NAPP© - Member National Association of Photoshop Professionals Fine Art Photo, Inc. 328 South 10th Street Lemonye, PA 17043 717-761-8543 Limit of Liability - Photo Restoration Aereement Customer agrees that because of the nature of the customers requests, certain risks will be taken on behalf of the customer to repair, separate or clean their damaged photographs. These risks while currently the best proven methods offer the possibility that the customer photographic images, film or digital files maybe permanently damaged or destroyed. Customer furthermore agrees that Fine Art Photo, Inc., it's employees, subcontractors and subsidiaries are not responsible for any loss, damage or destruction of there photos and there is no guarantees in this type of restoration work. By your submission of images and signature below you agree to hold Fine Art Photo, Inc, it's employees and subcontractors harmless and under no liability for said work requested regardless of outcome. Customer Name (frtn /V Z. Customer Address / c.5 ? !N / *,W /?j? `l??(?,/?? iQD1? `4f-e,-17 Customer Phone Customer Signati Description of Photos _K- A*' Y,- e $ l -8q e =40" AM?Ui1-11: ko -SM& Approved By Date Service 1st Restoration & Remodeling . b 1441 Stoneridge Drive ! I,?E WPTEk Middletown PA 17057 717-232-5444 Tax 113#11-3712523 / PA03501 l Mercantile License #25977-0 Client: Burton, Cindy Property: 138 Willow Mill Park Mechanicsburg, PA 17050 Operator Info: Operator: JANET Estimator: Janet Umphred Position: Estimator/Project Manager Company: Service I st Restoration and Remodel Business: 1441 Stoneridge Drive Middletown, PA 17057 Reference: Company: Self-Pay Type of Estimate: Cleaning Date Entered: 3/19/2012 Price List: PAHA7X_MAR12_S1 Restoration/Service/Remodel Estimate: 3128-BURTON-CONCLN File Number: 3128 CONTENT CLEANING ESTIMATE Date Assigned: Home: (717) 697-6902 Business: (717) 232-5444 1 have enclosed the Content Cleaning Estimate for your review for the above referenced property. If you have any questions or concerns please feel free to contact me at my office (717) 232-5444 or via e-mail janet@servelst.com. Thank You, Janet Umphred Sevice I st Project Manager/Estimator 3128-BURTON-CONCLN 3128-BURTON-CONCLN Subroom 0: 3128-BURTON-CONCLN 0.0 - Ceiling Height DESCRIPTION QNTY UNIT COST TOTAL Cleaning Technician - per box 10.00 HR @ 113.63 = 1,136.30 NOTE: INCLUDES UNPACKING, CLEANING, OZONING, RE-WRAPPING WITH NEW PACKING MATERIAL AND SUPPLING NEW BOXES. Trip charge 1.00 EA @ 150.00 = 150.00 1286.30 Summary Line Item Total Cleaning Mtl Tax @ 6.000% x 7.50 Cleaning Sales Tax @ 6.000% x 1,286.75 Total Estimated Cost Total 3128-BURTON-CONCLN 1,286.30 0.45 77.21 $1,363.96 $1,363.96 3/20/2012 Page:2 Puy Q-- / - 70 ?4j 0-6 S2 kj r r a?S w ? ?IC, t.,.- &V-?t ? IC ? ? J TN i pe,X50, ko- _ / ? ? 6 ?C) -T7,ie OYL s1? a ?deyll uS? ( c?'? f S Aawn cPc shs oc?- p ,f c cml d,e p a se,(- d e yi der - f (c?C c ?? an t1? .?,? ;,? ?-F-h neA"-) So-pplies ??x-e s : ? stir r h ??xP CeZ verp ,C b s M ?e no z ? i,J h i ch. c CA-L` seS 44---a. o.?nd r--?-? rn i . J L GO &m4 y?ej came back z ,C.= /as - N-profdoAa Pi50- F _ ;r y? ?? Q l 7 D SQ G7 ?? irx IT cu;M F, M "T )-;OL4 g Ycc.?,?i, 2, 9 14 j - I/WOP r i1 t a &?/r., dj,??AjVe y 9X YX le ?iJ7-o aA, r. (,O-le (*V-n14 5 / y 1 112- 9) - U'lz-v o/ . S-x7 4/ 7, rc fl- L-l' /y- - ,?-X ? Pewter Fie j-- is vre d-F h4tsband FmySe If' look-*xo o u.*,r Bos-P J Sa rucuse N - - x-'? Ciee?n1 Ptc,-?,le ?e uur? d ?'%hxs,eI fa W l qeS P it 4 BacKwoods Primitives F _ , A_ Coum " 4, Primitive Home Decor and Gifu 222 W. Packer Ave., $aXre, p A 570-888-08" WWW.baCKwoodsprimit[ve.com + Hours: Tues. -Fri. 2o-5. Sat. 2o-2 k Account Reg. No. Clerk Forward 1 C.r V - 2 Cc 2 r t . 3 r 6 ., X) 4e .4 Lb 7 ! i +. r . 1 (_4 " ( tr (...:. g LV t 1 r ci I a";ic t -} f?. 9 1?. _4 r -t 10 11 p ? 1 l % r, C. 12 r 13 14 15 ;P Y Account Stated to Rate - If Error is Found, Return at o nce J ,a Date M 1 nr,-.?,-,mot ,T? AAA- 1 i ( i f Sv 1.. y rte.. ..: Reg. No. Clerk Account Forward 2 3 5 " 1 t 1E C r, ?K 1i? 00 7 8 n s - 200 7 00 t 10 11 12 13 14 15 - ? Your unt Stated to Date r Onc mtww wDir 2831 Turnpike. Industrial Park Middletown, PA 17057 (717) 939 - 0600 (717) 939 - 0608 Fax I Bill To - Name / Address I Cindy Burton 138 Willow Mill Park Rd. Mechanicsburg, PA 17055 ph#717-697-6902 Estimate Date Estimate # 9/2/2010 1856 P.O. No. Terms Due Date Customer N... Project Customer Contact Due on receipt 9/2/2010 Description Qty Rate Total Repair drawer section of Bakers cabinet- Drawer attachments have 1 275.00 275.OOT been broken loose causing drawers to not slide or close properly. We would remove drawers and repair broken attachments. Chicken lathe picture, Lathe frame has been chipped out.-reverses 1 50.00 50.OOT frame and re-attach. Piano stool- areas of detail have been broken out.-Fill areas and 1' 250.00 250.OOT create duplicate detail, attach to stool and color/finish to match. Sideboard Beveled mirror.-Cost to replace with new mirror.($200). 1 200.00 200.OOT Owner request to find antique mirror. Costs unknown? Bronze shoe base. Base has water damage to edges. We would 1 95.00 95.OOT refinish edges. Mirror frame- Water damage bottom frame of wall mirror- Strip & 1 175.00 175.OOT refinish edge to match complete frame. r ? 1?ewvpr (? le ,? / ?D !l ?e c 45 G e.. Tw^ ?•yr i r+rUr 3 mar -era. Subtotal $1,045.00 Note: A processing of 4% will bed added to invoice if paying with CREDIT CARD! Sales Tax (6.0%) $62.70 Total $1,107.70 'Y&0100 ?O ?- ? ? ? f7 / :2 /I BOWHUNTERS SUP R Name r .'w )MALA E STORE 1045 Zeigler Road, P.O. Box 158 Wellsville, PA 17365 1-800-745-4296 Fax 717432-8947 Visit us at: www.bowhunterssuperstore.com Customer Order Date ! t Address City Phone # Email Middle Last tate Zip Cell t -? b Ship to/Notes: Picked by ?ar1 Ht3UL Fil'T Checked by lll????JJ =0 TEES SUB-TOTAL SALES TAX TOTAL AMOUNT lee Fummu mmir "%e pm"cmipUm tin &nsged fmniWw" 2831 Turnpike Industrial Park Middletown, PA 17057 (717) 939 - 0600 (717) 939 - 0608 Fax I Bill To - Name / Address I Cindy Burton 138 Willow Mill Park Rd. Mechanicsburg, PA 17055 ph#717-697-6902 Estimate Date Estimate # 9/2/2010 1856 P.O. No. Terms Due Date Customer N... Project Customer Contact Due on receipt 9/2/2010 Description Qty Rate Total Repair drawer section of Bakers cabinet- Drawer attachments have 1 275.00 275.OOT been broken loose causing drawers to not slide or close properly. We would remove drawers and repair broken attachments. Chicken lathe picture, Lathe frame has been chipped out.-reverses 1 50.00 50.OOT fame and re-attach. Piano stool- areas of detail have been broken out.-Fill areas and 1' 250.00 250.OOT create duplicate detail, attach to stool and color/finish to match. Sideboard Beveled mirror.-Cost to replace with new mirror.($200). 1 200.00 200.OOT Owner inquest to find antique mirror. Costs unknown? Bronze shoe base. Base has water damage to edges. We would 1 95.00 95.OOT refinish edges. Mirror fame- Water damage bottom flame of wall mirror- Strip & 1 175.00 175.OOT refinish edge to match complete frame. Subtotal $1,045.00 Note: A processing of 40/6 will bed added to invoice if paying with CREDIT CARDI Sales Tax (6.0%) $62.70 Total $1,107.70 Tax 'Exe'mpt #; Sub°Totak Tax: Deposit: Total Due: -------------- - M c? N O r. O "C N P-? N O s., c? U c? M) U t 0 3 c 0 E E 0 U ca C9 3 O 0 v r m m 3 c 0 E E 0 U Y c aI H M M M M M M M ? M ? M ? M ? M ? M ? M ? co IIm I I0 I I?I I?I I?I INI IMI I?I I?I I?I Ir, -' 0 2 !07 4 ao Jc 1 f' Q customers DATE /49/ Order No.__-- SOLD TO C? ADDRESS TERMS SIGNATURE Studio N Address City PVP-2-91 710 Date- State ._-- Zip ---- Phone A.C.( ) a N M Ri N O O b O .r. a N O ,b O U «i m a? r 0 -?l a? LL Q H z O z M M M M .. M 6 O M° M ? co I0I I°I IT" I?I I?I fMI O NI MIco O M I' p I ICI I0I I? O O c? N bA O 7.* 61 Sad X60 /lARxtoK --`7,o L??