My mechanic burned my RV to the ground today

[Mikesta]

Wow - been a while since I've read this. Really hope it comes to a conclusion in your favor soon.

[linda s]

Hi Linda I am still living and paying rent n his property. I cant leave until this is over and when it is I am going to Texas. He told me about the AG verbally. I told them what he said and they said that they are going to look into his past infractions. This is the only way they can pursue legal action. If they find a history of this with him which I think they will. I could hire an attorney yes. But then it could take years with a simple judgement. I need my money to buy a new RV. I dont want to wait. Im hoping the attorney general will do something. Im also hoping that I can get loss of use when its done.

Ya know he doesn't have an unlimited amount of money. If you hire one with the evidence he has his attorney will bail because he will realize he might not get paid. Your evidence is overwhelming and his attorney will know he will lose. Most lawyers try to cut their losses. Won't take years cause that mechanic can't afford it. Only big companies can afford to take litigation on for an extended period. You can include your attorney fees in the law suit

Linda S

Can't hurt to start with Pa's equivelent of small claims even though it is not as efficient as most states.

[grandview bill]

That mechanic at the least was a fool.Anyone with training or experience would know enough to have a proper fire extinguisher near.Maybe the project was too hazardous to be welded and another way to fasten should have been used.Fortunately no person was harmed ,can you imagine if this happened inside a building?Sorry about your rv

[linda s]

That mechanic at the least was a fool.Anyone with training or experience would know enough to have a proper fire extinguisher near.Maybe the project was too hazardous to be welded and another way to fasten should have been used.Fortunately no person was harmed ,can you imagine if this happened inside a building?Sorry about your rv

It was in a building Bill.Thee guy drove it out to save his shop instead of trying to put the fire out. Sure the wind driving it all the way to the street added greatly to the fire

Linda S

[gr8white]

Right now Im waiting or the attorney general will contact him which will be Monday. They called me and asked how much I would settle for if he paid me right now. I said 10k. I feel that I would be taking a loss at 10k. I haven't heard back from the AG yet. But I know the mechanic wont do anything. He feels his insurance Co will have to pay me. My next step is to take him to the district magistrate. I am told I really do not need an attorney for this. My case is a slam dunk, it is just a matter of how much. Im sure he will appeal this and take it higher which I will need an attorney for. Then the attorney will want 33% of my winnings which sucks. I am also told he could just get a judgement against him and take forever to pay me. If anyone could clarify any of this with any facts or opinions it would be greatly appreciated. Right now I am putting my value together. I have to give it to the attorney general by tomorrow. I am not sure how to do this. I have I have receipts for alot of the imporvements I made but not all. Same thing with personal possesions in the RV. I just returned from a wedding when this happened. I had alot of my stuff in it.

[linda s]

Right now Im waiting or the attorney general will contact him which will be Monday. They called me and asked how much I would settle for if he paid me right now. I said 10k. I feel that I would be taking a loss at 10k. I haven't heard back from the AG yet. But I know the mechanic wont do anything. He feels his insurance Co will have to pay me. My next step is to take him to the district magistrate. I am told I really do not need an attorney for this. My case is a slam dunk, it is just a matter of how much. Im sure he will appeal this and take it higher which I will need an attorney for. Then the attorney will want 33% of my winnings which sucks. I am also told he could just get a judgement against him and take forever to pay me. If anyone could clarify any of this with any facts or opinions it would be greatly appreciated. Right now I am putting my value together. I have to give it to the attorney general by tomorrow. I am not sure how to do this. I have I have receipts for alot of the imporvements I made but not all. Same thing with personal possesions in the RV. I just returned from a wedding when this happened. I had alot of my stuff in it.

Like I said before you are allowed to include your attorney's fees in the judgement if it should come to that. If you do end up getting a judgement against him you can get a lein on anything he owns. His house, car. Does he have a nice truck. Get a lein on it and then you can send a tow truck to pick it up and sell it. He owns rental property. If you take out a lein on his property he will never be able to get a loan on that property, ever, until your debt is paid and you remove the lein. Lots of options buddy. Hope the AG can take care of it though.Be so much easier

Linda S

[Sunnynshare]

You stated: If anyone could clarify any of this with any facts or opinions it would be greatly appreciated.

As an attorney, I gave you my opinion on June 1 (in simplier terms, two months have been wasted) but let me break it down one last time. In my opinion, the AG is not going to help you (I wish they could or would but they usually don't). Take the mechanic to small claims, in PA the District Magistrate, that has a 12,000 limit. Get whatever receipts and stuff you can find together, look online for a comparable unit, sue for 12,000 or less.

It would be a very rare attorney to take this on a 33% contingency – they will want their money up front. Contrary to what Linda says above, the attorney has no incentive to cut your losses. They might be honest and say that it is not worth your money to hire them, but again that would be the exception. Also, contrary to Linda, every side pays their own attorney fees. You generally can sue for court costs, but not attorney fees.

A couple more points: you sue the mechanic, not his insurance company. Go sit in on 2 or 3 small claims court hearings, hopefully in front of the same judge assigned your case. Discover how the game is played, see the type of evidence relied upon, familiarize yourself with the procedures. Nolo Press is a great source for easily understood law and procedure. Good luck. Kim

[gr8white]

You stated: If anyone could clarify any of this with any facts or opinions it would be greatly appreciated.

As an attorney, I gave you my opinion on June 1 (in simplier terms, two months have been wasted) but let me break it down one last time. In my opinion, the AG is not going to help you (I wish they could or would but they usually don't). Take the mechanic to small claims, in PA the District Magistrate, that has a 12,000 limit. Get whatever receipts and stuff you can find together, look online for a comparable unit, sue for 12,000 or less.

It would be a very rare attorney to take this on a 33% contingency – they will want their money up front. Contrary to what Linda says above, the attorney has no incentive to cut your losses. They might be honest and say that it is not worth your money to hire them, but again that would be the exception. Also, contrary to Linda, every side pays their own attorney fees. You generally can sue for court costs, but not attorney fees.

A couple more points: you sue the mechanic, not his insurance company. Go sit in on 2 or 3 small claims court hearings, hopefully in front of the same judge assigned your case. Discover how the game is played, see the type of evidence relied upon, familiarize yourself with the procedures. Nolo Press is a great source for easily understood law and procedure. Good luck. Kim

Hi Kim,

Thank you for the valuable advice. You were right. The AG wasn't able to do anything. They are basically a glorified mediator. I cannot believe they hardly have any power in my situation. The AG, state inspectors and the mechanics attorney all say that the insurance company denied the claim in hopes that no one challanges them. They say now that the mechanic is chalanging them that there is a good chance they pay. I know that is wishful thinking. My problem is coming up with value. I have found comparables but they are nationwide. None are close to me. I cant find any. The value would be around 7k. I lost alot of personal items. Some I have receipts for and some I do not. My whole summer of vacation was taken away from me. I assume I can sue for loss of use at the magistrate level? I have tons of receipts from the renovations but I assume that will just be part of the value? The mechanic did approximately 1,300.00 worth of work that he never gave me receipts for. I know he will admit to doing these things or at least I hope. What about things that most Toyota's do not have that I had. Like my own gas station with its own seperate fuel pump and a nozzle so I can fill my generator up. Or what about the toolbox that I had installed on the back for storage which was the reason the RV burnt down. He was fixing this. I have an excel spreadsheet with all the receipts I have. I also have a word doc for the things I lost that I do not have receipts for. I dont think I will use an attorney at the magistrate. I think I can handle it myself. I know he will have an attorney though. I found an attorney that will charge me 500.00 to represent me at the magistrate but he says I probably wont need him. for 2.5 months I have been trying to contact the Volunteer fire dept that put the fire out to get my report for the insurance co. I have left them phone messages, left 2 messages on teh door and showed up and spoke to someone twice that says the boss will reach out to me. Its like they are purposely avoiding me. Even the AG left them a message and they will not contact me. Kim, if you would want to look at what I have I would be happy to email it to you so you can see the big picture.

[Sunnynshare]

Do you think you can offer him a solution for taking the guy who is also his landlord to court and still keep him from getting kicked out of his housing? Sure there are landlord tenant laws but there are many excuses the guy can think up for an eviction. Then he would be out on the street, no motorhome to live in and no housing while he tries to collect on both cases in court. I am sure as a trained negotiator you can think up a good strategy. But put it in private email so his landlord does not see it

While I recognize that this is coming from good intentions, please refrain from volunteering my services as I have plenty of clients that demand my time here in San Francisco. Plus my main area of expertise is defending and suing on behalf of the United States in federal court. I am sure that you understand.

As to the matter at hand, gr8white, don't over complicate this. Who cares if you have the report from the fire department? It is not in dispute that the rv burned up while the mechanic welded it. In small claims court (again, go sit in on a few sessions) you have maybe ten minutes to talk to the judge and present evidence. Get a few pictures of before and after, get some comparables, get whatever receipts you have and estimate other damages. You might not be entitled to loss of use but who knows? I do know that you don't get if you don't ask.

Make two copies of your folder, one for the court one, for the other side and you have the originals. Make the totals clear and easy to read and understand. It is only when you serve the defendant with the suit that he will tender it to his insurance company. Then you can settle or go to court. Kim

[Sunnynshare]

So what you are saying is you have no idea how to help him keep from losing the roof over his head while at the same time suing the man for the loss of his RV? Yep it sure is a prickly situation.

No, that is not what I am saying. What I am saying is that it is rude for you, a person who doesn't even know me, to volunteer me to do work for someone. I replied gently but now know the prick in the prickly situation. Kim

[gr8white]

While I recognize that this is coming from good intentions, please refrain from volunteering my services as I have plenty of clients that demand my time here in San Francisco. Plus my main area of expertise is defending and suing on behalf of the United States in federal court. I am sure that you understand.

As to the matter at hand, gr8white, don't over complicate this. Who cares if you have the report from the fire department? It is not in dispute that the rv burned up while the mechanic welded it. In small claims court (again, go sit in on a few sessions) you have maybe ten minutes to talk to the judge and present evidence. Get a few pictures of before and after, get some comparables, get whatever receipts you have and estimate other damages. You might not be entitled to loss of use but who knows? I do know that you don't get if you don't ask.

Make two copies of your folder, one for the court one, for the other side and you have the originals. Make the totals clear and easy to read and understand. It is only when you serve the defendant with the suit that he will tender it to his insurance company. Then you can settle or go to court. Kim

Thank you for the help Kim. I did end up getting the report from the fire dept. I am filing at the district magistrate. The only thing I cannot seem to find is the process when the hearing starts. Who speaks first, and so on. Thanks!

[Sunnynshare]

Thank you for the help Kim. I did end up getting the report from the fire dept. I am filing at the district magistrate. The only thing I cannot seem to find is the process when the hearing starts. Who speaks first, and so on. Thanks!

The best way to learn the process is to go to the court house and sit in on a few real small claims court trials especially if you can see the same judge assigned to your case. Take notes, see how evidence is introduced, see how you cross examine the other side, see how objections are made, have fun cause it's free. For more giggles go across the hall and check out a criminal trial. In my life I have been lucky enough to be on two criminal juries, a murder case in 1990 and just last year a DUI case. But I have sat in on a bunch of cases, the most interesting was the backwark masking trial of Judas Priest in 1990 in Reno. Write if I can help. Kim

[gr8white]

Hi, I decided to skip the magistrate process and go to civil court and obtain an attorney. From what I understand (and I hope I understand correctly) I cannot sue for loss of use at the magistrate but I can in civil court. Also, I believe the mechanic will have to pay for my attorney. Any thoughts on this? I go see my attorney for the first time tomorrow.

[Gary_M]

Sorry to hear about your loss. I wouldn't go though the trouble of civil court. Sounds like both parties had shortfalls. Mechanic on the insurance policy and you having no liability insurance. I don't know how much you paid for it but anyone who buys a vintage RV would expect to put 2-3 k into it keep it sound and safe no matter what happens. You could have had blown a tire out on the highway that caught your home on fire and be in the same situation with no recourse. The court is going to see faults on both sides that if were adhered to would have kept it from going this far, both parties IMHO. Sentimental items, if they were so sentimental they should have been insured separately. Given a 25 year old vintage motor home, the judge will probably snicker at that one unless you had classic plates.

Again I'm sorry for your loss but you may be taking this too far.

[linda s]

Hi, I decided to skip the magistrate process and go to civil court and obtain an attorney. From what I understand (and I hope I understand correctly) I cannot sue for loss of use at the magistrate but I can in civil court. Also, I believe the mechanic will have to pay for my attorney. Any thoughts on this? I go see my attorney for the first time tomorrow.

Kim has already corrected me on the " getting the other guy to pay for your attorney deal". No you probably won't get attorney fees. The amount of money in this suit doesn't really call for civil court and attorney's. I would do the magistrate court at least first. Then if the mechanic wants to appeal he's the one who's going to have to get an attorney. Hopefully your consultation will not be expensive and your attorney can give you more advice on how to procede

Linda S

[Sunnynshare]

Hi, I decided to skip the magistrate process and go to civil court and obtain an attorney. From what I understand (and I hope I understand correctly) I cannot sue for loss of use at the magistrate but I can in civil court. Also, I believe the mechanic will have to pay for my attorney. Any thoughts on this? I go see my attorney for the first time tomorrow.

Whatever you decide is clearly your decision. I understand that you may feel safer with a lawyer. However, I believe that there may be strategic and financial issues with using a lawyer. First, there is not enough at risk to interest a decent lawyer and, in my opinion, a crappy lawyer is worst than no lawyer. Second, the issues here are clear cut and easy to explain (I don't agree with Gary's post above).

I don't want to get too complicated, but strategically it may be to your advantage to use small claims as normally the judges there are less astute. And here's why. As I said above but did not explain, loss of use is not normally given in a case like yours but ask for it anyway. Thing is, that is a question of law. And a lower court judge may award that to you while a more sophisticated judge may not. (The general rule of law is when an item is destroyed you can only get fair market value at the time of loss. You generally get loss of use if the item is only damaged and takes a little time to fix).

To be even simpler, your case is an emotional one. You paid a guy to fix your pride and joy and he negligently destroyed it. A small claims court judge is going to “get it.” He or she is going to want to right this injustice and make you whole, maybe even give you a little more for loss of use. It's just human nature.

Unrepresented plaintiffs have an advantage in small claims court as judges normally favor them. When I use small claims court you think I tell them I am a lawyer? Heck no. Good luck, Kim.

[Gary_M]

You should work with the mechanic directly and work it out. If you go to court you will have 2 unhappy parties in the end. You will not get the value you lost and the mechanic who of course is being dragged into court and having his hand forced.

Both parties had shortfalls and both should acknowledge that with each other and move on. Why not work with the mechanic and have 2 happy parties in the end?

[linda s]

You should work with the mechanic directly and work it out. If you go to court you will have 2 unhappy parties in the end. You will not get the value you lost and the mechanic who of course is being dragged into court and having his hand forced.

Both parties had shortfalls and both should acknowledge that with each other and move on. Why not work with the mechanic and have 2 happy parties in the end?

You apparently didn't read the whole thread. It's been months and he has tried to work with the mechanic who is also his landlord. As for his not having more comprehensive insurance, because it was in a licensed mechanics shop at the time that shop is responsible for any damage and your own insurance doesn't have to pay you anything. Legal responsibility is the shops. Insurance companies love to back out if they can point the blame on someone else.

Linda S

[gr8white]

Gary,

I disagree with everything you said. Me not having full coverage does not have anything to do with his negligence. The judge wont look at me like an idiot for not having it. As Linda stated, I have given him over 3 months to work this out and he has done nothing. Kim, I went and spoke to an attorney today who charged me 75.00 for 40 minutes. He said I should file with the magistrate and I can in fact in the state of Pa get awarded loss of use at the magistrate level. I left his office and filed. I am having him served by a constable. My attorney suggested this since the defendant has to pay for it. Now I have to figure out how many times I get to speak at the hearing and how long. I know I can go in and watch so I will explore that option. Im going to try to look this up online. They already set my court date for 10/3/13.

[linda s]

Gary,

I disagree with everything you said. Me not having full coverage does not have anything to do with his negligence. The judge wont look at me like an idiot for not having it. As Linda stated, I have given him over 3 months to work this out and he has done nothing. Kim, I went and spoke to an attorney today who charged me 75.00 for 40 minutes. He said I should file with the magistrate and I can in fact in the state of Pa get awarded loss of use at the magistrate level. I left his office and filed. I am having him served by a constable. My attorney suggested this since the defendant has to pay for it. Now I have to figure out how many times I get to speak at the hearing and how long. I know I can go in and watch so I will explore that option. Im going to try to look this up online. They already set my court date for 10/3/13.

Good luck in court. You have been through enough and don't need to have to deal with more nasty stuff here so I did some dusting

Linda S

[Gary_M]

I'm sorry gr8white. That was a poor choice of words for me to use and was not proper to say here on the forum.

Good luck with your case.

[gr8white]

I'm sorry gr8white. That was a poor choice of words for me to use and was not proper to say here on the forum.

Good luck with your case.

No problem Gary. Freedom of speech is a right we have in this country. My grandfather fought hard and died for this among many rights. Feel free to say what you want although I do not understand your thought process at all.

[gr8white]

My court hearing in the magistrates office is coming up this Tuesday. I am working on writing what I am going to say tonight. I assume that I can read my statements in the court room. I am going to post what I am going to say here so I can get some advice. You guys have been a great support group (thank you for that. You have no idea how much it's helped) and I ask that you give me your opinion, thoughts and idea's on this. The mechanic told me that no matter what the verdict is he is going to appeal it. He still thinks his insurance co. has to pay this even though it states clearly in the policy that RV's are excluded. He is retaining an attorney to go after the insurance agent for mis representing the policy. This means I am going to be stuck renting off him for some time and not be able to live my dream which is living and working on the road in my RV. I have this thread open on my computer and will be checking it often. If you have any advice on anything please let me know. I can use all the advice I can get. Thanks!

[5Toyota]

i say if his policy excludes rv s he should of known that and told you that. and said no because it was not covered . when i get a policy i read and i know most of what it says. his ins company may not have to pay anything he left himself underinsured that is his fault if he doesnt know what his coverage was. he can whine around and live with i t who car.es . he can pay a court judgment out of pocket and live with it. he can sue them if he wants that is his trouble not yours.if you win he is suposed to pay you regardless if he does not get anything from them he can live with it pay you regardless. but i hope he does not kick you out renting from him cant be a good deal

[5Toyota]

i was a witness in a court case once the women loaned a car to some guys and they rearended another car and she the owener of the car had no liabilty ins. the court made her pay the damages to the other party and she was not even present at the accdent she whined a lot so what. my mother worked for many lawyers over 40 years

[gr8white]

Your Honor, on May 24^th of this year I took my re stored classic 1986 Toyota Dolphin Motor home to Charles Burkett/Owner of Load Boss DBA 96 Auto to fix the toolbox that I bought from him and paid him to install. I left the RV with him at the Load Boss garage and went to shopping. Approximately 2 hours later, Charles Burkett/Owner of Load Boss/96 Auto Sales called me and stated that I need to come back because my RV was on fire. He stated that he was welding my RV and a spark caught it on fire and it was burning down. Mr. Burkett said that the fire department was on the way. When I arrived, the Shawnee Valley Volunteer Fire Department was on scene putting the fire out. The result was a total loss. I have marked the fire report Exhibit A. This fire report took me over 2 months to obtain. I left messages several times per week with the Fire Dept and drove their and left notes on their door several times before they gave it to me. Im bringing this to your attention your honor so you can get an idea of the massive amount of time and money this situation has caused me. Charlie assured me that he would file a claim with his insurance company and that everything would be paid for. On 5/30/2013, almost a full week after my RV was blown up I reached out to IAT Specialty, who is Load Boss’s Insurance Co. They told me that Charlie did not file the claim, so I proceeded to do so. I received a letter from IAT dated 6/3 stating that they have determined that Load Boss’s policy does not extend coverage for my loss and they formally denied the claim. I have marked the denial letter from IAT as Exhibit B for your review. At this point I spoke with Mr. Burkett who asked for some time to work things out and I obliged. On July 8^th of this year nothing progressed so I decided to file a complaint with the Pennsylvania Attorney General. I marked the confirmation of receipt that the Attorney General sent me dated July 9^th 2013 as Exhibit C. The Attorney General sent me a letter letting me know that they contacted Mr. Burkett and gave him 21 days to respond. I marked this letter Exhibit D for your review. Mr. Burkett responded over 21 days later with a letter to his insurance company demanding that they cover the claim in which they reviewed and denied again. I marked this letter Exhibit E for your review. On July 31^st of this year I spoke with the State Quality Assurance Officer Ron Miller who informed me that he went out to investigate Mr Burkett and his business. He determined that Mr Burkett did not possess the state minimum insurance requirement to operate a legal garage and state inspection service center. Mr. Miller said that he advised Mr. Burkett that he needed to cover my loss and deal with his insurance company as a separate issue. On August 9^th the Attorney General’s office called me and said that they spoke to Mr. Burkett and informed him that he needed to cover my loss, and work with his insurance company as a separate issue. This was now the 2^nd time a state entity told him to cover my loss and deal with his insurance company as a separate issue. They said that Mr. Burkett declined to cover my loss and maintained that his insurance company needed to do so. The Attorney General’s office suggested that I take Mr. Burkett to the Magistrate. They sent me a letter dated August 12^th confirming this which I marked as Exhibit F for your review. I filed with your office and here we are, over 4 months later. Mr. Burkett refused to listen to the State Attorney General and the State Quality Assurance Officer when they told him to replace my loss and pursue his insurance company as a separate issue. Your honor, Mr. Burkett is obligated to replace my losses under the law of Bailment. “The act of placing property in the custody and control of another, usually by agreement in which the holder (bailee) is responsible for the safekeeping and return of the property “

My losses are as follows

[Mikesta]

Must feel good to finally get in front of the Judge. Is there more to the story... what did the Judge say?

[Sunnynshare]

Blah, blah, blah... I filed with your office and here we are, over 4 months later.

Sorry to be blunt but most judges won't hear that stuff cause it just doesn't matter. I suggested that you go sit in on some small claim court hearings -- hopefully you did. Your case is all about the cost of damages. The issue is not who hurt you or whether they had insurance. Hopefully you have the damage issue well covered but there is nothing about damages in what you posted. Good luck, Kim.

[gr8white]

Sorry to be blunt but most judges won't hear that stuff cause it just doesn't matter. I suggested that you go sit in on some small claim court hearings -- hopefully you did. Your case is all about the cost of damages. The issue is not who hurt you or whether they had insurance. Hopefully you have the damage issue well covered but there is nothing about damages in what you posted. Good luck, Kim.

Thanks Kim, I feel I have the damages well covered. That was just my opening statement. I am putting the damages part together now. I was thinking I just go through the whole list of things verbally and hand her the excel spread sheets. I couldnt go to a hearing. I called and tried. They said that there were no hearings like mine coming up. I live in a small farm town.

[gr8white]

I have updated my post with a new version of my statement.

[gr8white]

This is what I have for my closing statement on Tuesday

Your Honor, I bought this 1986 Toyota RV in August of 2012 and I would like to explain to you some of the things that I have done along with the things that I have paid others to do.

Myself and my neighbor whom I paid and the defendant/ Load Boss prepared all winter for the summer of seeing the country in this RV. Myself and my neighbor gutted a lot of the inside out and replaced it with new material, we ripped out some walls and paneling and replaced it with new material including the shower, painted some of the walls, put all new edging throughout. We ripped the flooring out and put new hardwood floors throughout, bought and installed new roof vents, re sealed the whole RV, bought and installed removable insulation for the windows and vents in the event of cold weather. This was a full Saturday afternoon because each piece of insulation had to be cut by hand. installed new propane lines and a new full propane tank, brand new refrigerator, installed the worlds lightest Plasma TV along with a mobile satellite dish to watch cable, installed a new top of the line remote stereo surround sound system including speakers and a Cobra CB Radio in case of emergency,

I paid the defendant to do a lot of work for me on this RV in preparation for the summer of 2013. He can verify that I bought every spare part and tool that I could possibly need in case of a break down because the items were mostly purchased from him. You can see all of my tools right here SHOW TOOLBOX . I bought a replacement for everything. Alternator, starter, fuses, new replacement belts, hoses, plugs, wires, extra motor oil and anti freeze. I Paid the defendant to fix my slow oil leak which cost me over 500.00 and never resulted it being fixed, I also paid him to have my valves machined which didn’t fix the problem, I paid him to install an on board gas station which involved its own fuel pump that pumped fuel through a hose and nozzle just like a gas station from my gas tank, I paid the defendant to put new brakes on this RV and 7 brand new tires in which the receipt shows that I paid $756.00 for the tires alone. I bought the material and paid for the defendant to re enforce the over head bed with solid lightweight fiberglass and strong bolts, I paid for him to re inforce the outside seams, also to install and re wire 3 brand new interstate batteries and install an auxiliary switch. Finally, I bought a large toolbox off of the defendant and paid him to install it on my bumper which is the reason we are all here today. On one occasion the defendant tried to replace my loss by buying me a $1,500.00 RV and asked if we could call it even. I paid him more than this to help re store my RV alone. Based on the conversation’s that I have had with him, he is discounting all the time, effort and money that I put into this RV. What I am looking for is full restitution of my time efforts money and loss of use. Your honor, I have receipts for a large portion of the renovations

[linda s]

Simplify, too long. Need to say this is what I paid. This is what the renovations cost and this is how many hours it took. Add total amount already paid to that mechanic. Show comparables for fully restored motorhome that you have. Then get to incident. The longer you talk the less the judge is going to like you. If he needs to know more he will ask. You should also add that you would never have had him do any work if you had been informed that he did not have the proper insurance. Guy was deliberately negligant

Linda S

[gr8white]

Your right Linda I am going to change it.

[Sunnynshare]

Your right Linda I am going to change it.

You're gonna do fine. You have a compelling story, just try to be yourself, listen to the judge, speak slowly, clearly and from the heart. Good luck, Kim.

[gr8white]

THE FINAL DRAFT. NEXT TIME I COME HERE, I WILL HAVE A VERDICT!

Your Honor, I would like to start off by showing you a few pictures of the incident that occurred on May 24^th of this year. Pictures # 1. I took my re stored classic 1986 Toyota Dolphin Motor home to Charles Burkett/Owner of Load Boss DBA 96 Auto to fix the toolbox that I bought from him and paid him to install. I left the RV with him at the Load Boss garage and went shopping. Approximately 2 hours later, Charles Burkett/Owner of Load Boss/96 Auto Sales called me and stated that I need to come back because my RV was on fire. He stated that he was welding my RV and a spark caught it on fire and it was burning down. Mr. Burkett said that the fire department was on the way. When I arrived, the Shawnee Valley Volunteer Fire Department was on scene putting the fire out. The result was a total loss. I have marked the fire report Exhibit A. This fire report took me over 2 months to obtain. I left messages several times per week with the Fire Dept and drove there and left notes on their door several times before they gave it to me. I’m bringing this to your attention your honor so you can get an idea of the massive amount of time and money this situation has caused me. Charlie assured me that he would file a claim with his insurance company and that everything would be paid for. On 5/30/2013, almost a full week after my RV was blown up I reached out to IAT Specialty, who is Load Boss’s Insurance Co. They told me that Charlie did not file the claim, so I proceeded to do so. I received a letter from IAT dated 6/3 stating that they have determined that Load Boss’s policy does not extend coverage for my loss due to it being an RV and they formally denied the claim. I have marked the denial letter from IAT as Exhibit B for your review. At this point I spoke with Mr. Burkett who asked for some time to work things out and I obliged. On July 8^th of this year nothing progressed so I decided to file a complaint with the Pennsylvania Attorney General. I marked the confirmation of receipt that the Attorney General sent me dated July 9^th 2013 as Exhibit C. The Attorney General sent me a letter letting me know that they contacted Mr. Burkett and gave him 21 days to respond. I marked this letter Exhibit D for your review. Mr. Burkett responded over 21 days later with a letter to his insurance company demanding that they cover the claim in which they reviewed and denied again. I marked this letter Exhibit E for your review. On July 31^st of this year I spoke with State Quality Assurance which is the organization that overseer’s PA automobile inspection stations. State Quality Assurance Officer Ron Miller informed me that he went out to investigate Mr. Burkett and his business. He determined that Mr. Burkett did not possess the state minimum insurance required to operate a legal garage and state inspection service center. Mr. Miller said that he advised Mr. Burkett that he needed to make full restitution to the Bailor and deal with his insurance company as a separate issue. In addition Mr. Miller revoked the defendant’s state license to inspect RV’s & motorcycles because he did not carry the necessary state minimum insurance. On August 9^th the Attorney General’s office called me and said that they spoke to Mr. Burkett and informed him that he needed to make full restitution, and work with his insurance company as a separate issue as well. This was now the 2^nd time a state entity told the defendant to make full restitution and deal with his insurance company as a separate issue. They said that Mr. Burkett declined to cover my loss. The Attorney General’s office suggested that I take Mr. Burkett to the Magistrate. They sent me a letter dated August 12^th confirming this which I marked Exhibit F for your review. I filed with your office and here we are, over 4 months later. Mr. Burkett refused to listen to the State Attorney General and the State Quality Assurance Officer when they told him to make full restitution and pursue his insurance company as a separate issue. Your honor in my opinion, Mr. Burkett is obligated to make full restitution under the breach of Bailment. “The act of placing property in the custody and control of another, usually by agreement in which the holder (bailee) is responsible for the safekeeping and return of the property “

Your Honor, I bought this 1986 Toyota RV in August of 2012. I used it for a few months last summer and started to renovate it to my liking throughout the winter for the summer of 2013. My neighbor and I gutted almost the whole thing out and re modeled it. Some of the items that we did were the shower, new hardwood floors, new walls, installation of new flat screen TV, new stereo with new speakers throughout and other incidentals. I labeled the remodel pictures PICTURES #O.

In addition, I paid the defendant to do a lot of work for me in the renovation. He can verify that I bought every spare part and tool that I would possibly need in case of a break down and the items were mostly purchased from him. For example, alternator, starter, fuses, new replacement belts, hoses, plugs, wires, extra motor oil and anti freeze. I also had on board all the tools that I would need in order to make a repair. You can see all of my tools right here Show TOOLBOX & PICTURE #1 already given. Monetarily this wasn’t my biggest loss but sentimentally it was. The majority of these tools were given to me by my father before he passed away from Lou Gehrig’s disease. I paid the defendant over 500.00 to do engine repair work. RECEIPT # 24 shows that I paid him $1,201.00 for this material, labor and a portion of my spare parts. This was the only receipt that I received from him. I paid him to install an on board gas station which made it more convenient to fuel my generator which involved a fuel pump that pumped fuel through a hose and nozzle, just like a gas station. PICTURE #11, 12. The generator you see in the picture, I paid $1,023.00 less than a year ago brand new. You can see this in receipt #38. Here is the generator now. SHOW GENERATOR. The first thing I did when I got the RV was paid the defendant to new breaks and 7 brand new tires. Receipt # 23 will show you that I paid $756.00 for these new tires and I didn’t even put 2,000 miles on them before they were burned. I bought the material and paid for the defendant to re enforce the over head bed with solid lightweight fiberglass and strong bolts and also fix the outside seems. He wired 3 brand new interstate batteries and installed an auxiliary switch. Finally, I bought a large toolbox off of the defendant and paid him to install it on my bumper so that I had extra storage. This is what was being fixed when my RV was burnt down. Between the one receipt that I have from the defendant and the estimated money that I paid him for his service, I estimate that I paid the defendant $2,521.00. I would also like to state that in the comparables that I am presenting of classic Toyota RV’s, that none of these RV’s have the upgrades that I have put in mine. Such as brand new hardwood floors, an onboard gas station and an extra storage box in the back. One of the additional features of this Toyota RV which makes it unique, is that it is a classic and only has a 4 cylinder engine, thus giving it good gas mileage which makes them rare to find and in high demand. Therefore comparables were scarce which is why my comparables are nationwide. EXHIBITS 68

Based on the conversations that I have had with the defendant, I am disappointed by his valuation of my loss. I feel that he is discounting all the time, effort and money that I put into this RV. On one occasion the defendant tried to replace my loss by offering to buy me a $1,500.00 RV and asked to call it even. As you can see, I paid him more than this to re store my RV alone. I would not have even taken it to him had I known that he didn’t carry the state required insurance. Therefore, I deserve full restitution for my time, effort and loss of use directly from the Balee. Your honor, I have receipts for a large portion of the renovations and things that I lost when the RV was burnt down by the Bailee. I also have plenty of pictures for your review. I would like to take a moment to go over my receipts and estimates. Obviously I do not have receipts for everything. For example Blankets, Pillows, Clothes, Flashlight, Vacuum Cleaner. A lot of the items without receipt I have tried to show proof with as many pictures as I can find. I have also researched comparable prices that I found for your review. As far as the labor that the Balee did on my RV. I asked him to give me receipts in preparation for this case which he did not produce. The defendant is present so he can verify the work has been done and that I paid for. Your honor, as you can see in my friend’s wedding invitation labeled EXHIBIT #67, I just got back from a his wedding with the RV a few days before the incident occurred. Unfortunately, a lot of my things were still not taken out of the RV so it was really bad timing. PICTURE # 70 is a picture of the Bailee, the fire department, and the total loss of my RV on the Bailee’s property.

Receipts that I have = $6,410.00

Receipts that I don’t have = $9,073.00

Total = $15,483.00