LAW OFFICES OF GOLD & GOLD

By: Travis A. Gold, Esq.

Attorney I.D. No. 316765

237 South York Road

Hatboro, PA 19040

P: 215-672-2458

F: 215-672-9460

travis@hatborolawyer.com

IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA

CIVIL ACTION

:

GUARDIAN ADJUSTMENT GROUP, LLC, :

53 East Oakland Avenue :

Doylestown, PA 18901, :

Plaintiff, :

:

vs. : Case No. 2021-

:

JENNIFER AND SCOTT SINCLAIR, :

203 South Church Street :

Clifton Heights, PA 19018 :

Defendants. :

NOTICE TO DEFEND

You have been sued in court. If you wish to defend against the claims set forth in the

following pages, you must take action within twenty (20) days after this complaint and notice

are served, by entering a written appearance personally or by attorney and filing in writing

with the court your defenses or objections to the claims set forth against you. You are warned

that if you fail to do so the case may proceed without you and a judgment may be entered

against you by the court without further notice for any money 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.

THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE

TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER

LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

Lawyer’s Referral Service

Front & Lemon Streets

Media, PA 19063

610-566-6625

1

LAW OFFICES OF GOLD & GOLD

By: Travis A. Gold, Esq.

Attorney I.D. No. 316765

237 South York Road

Hatboro, PA 19040

P: 215-672-2458

F: 215-672-9460

travis@hatborolawyer.com

IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA

CIVIL ACTION

:

GUARDIAN ADJUSTMENT GROUP, LLC, :

53 East Oakland Avenue :

Doylestown, PA 18901, :

Plaintiff, :

:

vs. : Case No. 2021-

:

JENNIFER AND SCOTT SINCLAIR, :

203 South Church Street :

Clifton Heights, PA 19018 :

Defendants. :

COMPLAINT

Plaintiff, Guardian Adjustment Group, LLC, now brings the enclosed legal action

against Defendants, Jennifer and Scott Sinclair, pleading as follows:

PARTIES

1. Plaintiff is Guardian Adjustment Group, LLC, a Pennsylvania-registered

limited liability company with an office located at 53 East Oakland Avenue, Doylestown,

Bucks County, Pennsylvania. Plaintiff is in the business of public adjustment – the

negotiation, estimation, and resolution of first-party property damage claims on behalf of

insureds against their insurers.

2. Defendants are Jennifer and Scott Sinclair, adult married individuals residing

at 203 South Church Street, Clifton Heights, Delaware County, Pennsylvania.

2

3. Defendants are the owners of a row home situated at 203 South Church Street,

Clifton Heights, Delaware County, Pennsylvania (“Defendants’ home”).

JURISIDCTION AND VENUE

4. Jurisdiction and venue are proper in Delaware County, Pennsylvania, where

the transaction giving rise to this litigation took place.

FACTS

5. On or about March 17, 2019, Defendants’ home was damaged by water.

6. On March 19, 2019, Defendants hired Plaintiff to serve as their public adjustor

in the estimation, negotiation, and resolution of this damage claim with Defendants’ home

insurer.

7. Defendant Jennifer Sinclair signed a series of contract documents with

Plaintiff providing, inter alia, that:

The undersigned ‘insured’ hereby retains Guardian Adjustment Group (“Public

Adjustor”) to advise and assist in the adjustment of the insurance claim arising

from loss at 203 S Church St Phil. [(sic1)] PA 19018, which occurred on or about

the 29th day of May 2019. The insured agrees to pay the Public Adjuster for

such services a contingent fee of 20% of the amount paid by the insurance

company for this loss.

A true and correct copy of the parties’ contract is attached hereto as Exhibit A. See Exhibit

A, pg. 1.

8. Defendant Jennifer Sinclair signed this agreement during her marriage to

Defendant Scott Sinclair, and her doing so led Plaintiff to perform services that benefitted

both Defendants.

9. Plaintiff performed its obligations under this agreement, and obtained for the

Defendants a total payment of $17,292.28. A true and correct copy of Plaintiff’s Statement of

1 The reference to Philadelphia was in error, as there is no “203 South Church Street” in Philadelphia,

let alone one owned by Defendants. The zip code, “19018,” matches Clifton Heights, Delaware County

where Defendants’ 203 South Church Street property is located.

3

Settlement indicating the total sum recovered from Defendants’ insurer is attached hereto as

Exhibit B.

10. Pursuant to the parties’ contingent fee agreement, Plaintiff was entitled to 25%

of this sum, or $4,323.07.

11. However, despite multiple written demands sent to Defendants on May 3,

2019; June 14, 2019; July 12, 2019; September 9, 2019; and October 14, 2019, Defendants

have only paid $3,361.51 of this sum, leaving $961.56 owed. True and correct copies of

Plaintiff’s multiple letters to Defendants seeking payment are attached hereto as Exhibit C.

COUNT I – BREACH OF CONTRACT

12. Plaintiff incorporates the above-listed averments as though they were set

forth herein at length.

13. As indicated above, Plaintiff and Defendants were parties to a contract, under

which Plaintiff performed its obligations and was entitled to a contingent fee of $4,323.07.

14. This fee was due to be paid on or about May 3, 2019, when Defendants received

their payment from their insurer.

15. Defendants have wrongfully refused to make part of this payment (specifically,

$961.56), breaching their contract with Plaintiff.

16. As a result of Defendants’ breach, Plaintiff has been damaged in the amount

of $961.56, plus interest, filing fees, and record costs that will now be incurred in this action.

WHEREFORE, Plaintiff Guardian Adjustment Group, LLC respectfully requests that

judgment be entered in its favor in the amount of $961.56, plus pre-judgment interest and

record costs.

COUNT II – QUANTUM MERUIT

17. Plaintiff incorporates the above-listed averments as though they were set forth

herein at length.

4

18. Plaintiff rendered skilled labor to Defendants that caused Defendants to

benefit with significant additional proceeds from their insurer.

19. Defendants appreciated these benefits.

20. Defendants accepted and retained these benefits.

21. Under the circumstances indicated above, it would be unjust for Defendants to

retain these benefits without compensating Plaintiff.

22. In the event that the parties’ contract is deemed unenforceable for any reason,

Plaintiff remains entitled to collect the reasonable value of the services it provided

Defendants so that Defendants may be prevented from being unjustly enriched.

WHEREFORE, Plaintiff Guardian Adjustment Group, LLC respectfully requests that

judgment be entered in its favor in the amount of $961.56, plus pre-judgment interest and

record costs.

COUNT III – EQUIITABLE ESTOPPEL

23. Plaintiff incorporates the above-listed averments as though they were set forth

herein at length.

24. Defendants made a promise to Plaintiff that Defendants would pay the

contingent fee described in the parties’ intended agreement; at the time, Defendants

reasonably expected that this promise would induce Plaintiff to provide skilled labor to

Defendants.

25. Plaintiff took action by estimating, negotiating, and resolving Defendants’

property damage claim with Defendants’ home insurer.

26. In the event that the parties’ contract is deemed unenforceable for any reason,

the only way to avoid injustice amidst these circumstances is to enforce Defendants’ promise.

5

WHEREFORE, Plaintiff Guardian Adjustment Group, LLC respectfully requests that

judgment be entered in its favor in the amount of $961.56, plus pre-judgment interest and

record costs.

Respectfully submitted,

______________________________

Travis A. Gold, Esq.

Attorney for Plaintiff.

Exhibit A to Plaintiff’s Complaint

(Contract)

i fix . . . .if \ fl“ Gu than Adjustment Group Iff ’ { 53 East Oakland Ave

’ (6 ‘ Doylestown PA 18901M; 215 345 1119 Office 215 345 1146 Fax

I UBLIC ADJUSTER CONTRAC Contract Date 2“ l4 l4

The undersigned “insured” hereby retains Guardian Adjustment Group (“Public Adjust ”) to advise and assist inthe adjustment ofthe insurance claim arising fi'om loss at E? S CLwtch-v S l“ g lml EA 53mg; whichoccurred on or about the H P: day of Mg 20 [5‘ The insured agrees to pay the Public Adjuster forsuch services a contingent fee of L5 % of the amount paid by the insurance company for this loss Thecontingent fee of the Public Adjuster shall be due fi'om each draft or check issued by the insurance company in thepercentage listed in this contract In addition to the contmgent fee, and ifthe insured agrees in advance, the insuredwill reimburse the Public Adjuster for extraordinary expenses above and beyond the normal costs of doingbusiness, such as expert witness fees and expenses, engineer and inspection fees Insured by signing this contractyou request and authorize your insurer to add the Public Adjuster as an additional payee on all drafts or checkspertaining to this loss This agreement contains the entire contract between the parties and may not be changed,altered or amended in any form The Insured has a right to rescind (cancel) this contract for any reasonwhatsoever within three (3) CALENDAR days after the execution date of the contract by completing theNotice of Rescission/Cancellation on page 2

DISCLOSURES REQUIRED BY ACT 21 OF 2012

The parties to this contract hereby acknowledge the following by initialing where indicated and signing below

» The insured has the right to rescind this contract within THREE CALENDAR DAYS after si_ attire.mm

. The fees charged by the public adjuster for services will be ?_S% ofthe amount paid bthe insurer for theloss and will be paid from the claim proceeds and not in addition to the -a ments made b the insurer

. ubltc ad uster Om. The public adjuster will provide the insured a c0py of the estimate or report of losses an i , upon the

insured’s request, the public adjuster will provide copies of any sun nortin , documentation the nublicadjuster sends to the insurer ubltc ad aster 4m

! The public adjuster is not a representative or an employee of the insurer The - ublic ad aster is anindependent licensee of the Insurance Department.

By signing below, the parties agree to the terms stipulated in this contract

Public Adjuster Signature

Name License #

OO9OO9

WMInsured’s SignatureInsured’s Name Home #

5.50%Address fig3: 02% gig Cell #

( 5/ 46’ I-City State ZIP I C 3W3? Email

Page 1 of2

’33 *3 L ardian Adjustment Group LC‘ I L ’éi 53 East Oakland Ave

‘i ' ) Doylestown, PA 18901“M I l 1! 215 345 1119 Office

, [3&1 215 345 1146 Fax

7’ :2'1, '~\ 5/ r

’o,a;\v Roar ‘ AUTHORIZATION"W " 8: LETTER or REPRESENTATION

To THE INSURANCE COMPANIES

This is to certify that Guardian Adjustment Group LLC Public Adjuster and their representatives areherebUetained to advise and assist in the adjustment of the insurance claim arising from a loss by

«her which occurred at

203 gawk l Lufch SHeerl” EM ,lada [214% FA Vial? on

or about the 1—} ‘32 day of MN”C41 , 20 I51 and to assist in theprocessing ofthe settlement checks and any claims related Documentation

This will serve to notify my insurance carrier that by my/our signatures below, I[we authorize thename Guardian Adjustment Group LLC to be on all drafts and checks pertaining to this loss and toforward all same to Guardian Adjustment Group LLC 53 East Oakland Ave Doylestown PA18901

Please allow this document to serve as my/our formal request that a full copy of the insurancepolicy be sent to my Public Adjusters Guardian Adjustment Group as soon as possibleIf acceptable, A digital copy ofthe pdf will suffice in lieu ofpaper mailing Please send the digitalcopy of the policy to mfo@guait_1fi1mflustmentcom If a paper copy has to be mailed please mail tothe above noted office address

Witnessed By Insured

JLL7/20.5[Sig ture)

Date

[Print]

/ /20[Signature]

[Print]

Exhibit B to Plaintiff’s Complaint

(Statement of Settlement)

Exhibit C to Plaintiff’s Complaint

(Written Demands for

Payment)

5‘23 ~1 a . D I IK v A Guardian Adjustment Group LLCm1“1 P n, 53 East Oakland Avenue

1' l Doylestown PA 189011} I ,4: .

(’4 215 3451119 Office% J} § 215 3451146 FaxV www guardianadlustment com

May 3 2019

Scott Sinclair

203 South Church Street

Clifton Heights PA 19018

Re Date of Loss 3/17/19

File Number 011 1313

Dear Mr Sinclair,

As per our negotiations with your insurance company, please find enclosed a check fromNationwide insurance In relation to the claim at your home Please forward the check in relation tothe building damage to your mortgage company for their endorsement, as they are an additionalpayee on the check Should you need any assistance with your mortgage company please let usknow

Once you have received the endorsement from you Mortgage Company please deposrt thischeck into your account and at your earliest convenience kindly return a check in the amount of$961 56 to us for our fee for the claim thus far A breakdown ofthe total claim is attached for yourreview

Please make check payable to Guardian Ad1ustment Group LLC

We understand that there may be additional expenses once the contractors move forward onthe repairs Please contact as soon as there are any price issues between the estimate thus far fromthe insurance carrier and actual expense

We sincerely appreciate your business and look forward to assmting you flirther Ifyou haveany questlons or concerns please feel free to call me on my cell as listed below

Sincerely,

Jordan Truelove

President Public Adjuster

‘ Guardian Adjustment Group LLCan‘ ‘ 5 n 53 East Oakland Avemill? ; Doylestown PA 18901

I 1 215 34511190fficeA \x .% ($45 2153451146 fax

$1'Q‘ * fix

June 14 2019

Scott Sinclair

203 South Church Street

Clifton Heights, PA 19018

Date of Loss 03/17/2019Type ofLoss Water Damage

Our File Number 011 1313

Dear Mr Sinclair,

Perhaps you may have forgotten or simply overlooked however, to date, we have not yetreceived payment for our services We are politely reminding you that per the contract, the contmgentfee of$961 56 IS due based on all payments made fi'om the insurance company A copy ofthe statementof services that was generated back in May 2019 is enclosed for your convenience

Please make the check payable to Guardian Adlustment Group LLC

Please forward us the balance due at your earliest convenience We also accept Credit/Debitfor your convenience We sincerely thank you for the opportunity to be of service and look forward todoing business with you in the future If you have any questlons or concerns please feel flee to call meon my cell as listed below

Smcerely,

Jordan Truelove

President Public AdjusterCell 267 331 1170

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{A Guardian Adjustment Group LLC( Ta '2 ‘ v

if“ e 53 East Oakland Ave< m1?" ‘ Doylestown PA 18901I v ( 21534511190ffice\. gym > 215 3451146 faxI 1 1‘

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July 12 2019

Scott Sinclair

203 South Church Street

Clifton Heights, PA 19018

Date of Loss 03/17/2019

Type of Loss Water DamageOurFIle Number 011 1313

Dear Mr Slnclair,

Perhaps you may have forgotten or simply overlooked however, to date, we have not yetreceived payment for our services We are politely reminding you that per the contract, the contingentfee of $961 56 is due based on all payments made from the insurance company A copy ofthe statementof services that was generated back in June 2019 1s enclosed for your convenience

Please make the check payable to Guardian Adlustment Group LLC

Please forward us the balance due at your earliest oonvemence We also accept Credit/Debitfor your convenience We sincerely thank you for the opportunity to be of service and look forward todomg business with you in the fi1ture If you have any questions or concerns, please feel free to call meon my cell as listed below

Sincerely,

Jordan Truelove

President Pub11c AdjusterCell 267 331 1170

abf

7’ Guardian Adjustment Group LLC5A. ‘r3? 1 5c 53 East Oakland Ave

1 19,318! , Doylestown PA 18901$ / t 215 34511190ffice‘ («j 2153451146 fax

ix I /M

September 9 2019

Scott Sinclair

203 South Church Street

Clifton Heights PA 19018

Date ofLoss 03/17/2019Type ofLoss Water Damage

Our File Number 011 1313

Dear Mr Sinclair,

Perhaps you may have forgotten or simply overlooked however, to date, we have not yetreceived payment for our services We are pohtely remmding you that per the contract, the contingentfee of$961 56 is due based on all payments made fiom the insurance company A copy ofthe statementof services that was generated back in June 2019 is enclosed for your convemenoe

Please make the check payable to Guardian Adlustment Group LLC

Please forward us the balance due at your earhest convenience We also accept Credit/Debltfor your convenience We sincerely thank you for the opportunity to be of service and look forward todoing business with you in the filture Ifyou have any questions or concerns, please feel free to call meon my cell as listed below

Sincerely,

Jordan Truelove

President Publlc AdjusterCell 267 331 1170

abf

P1 r Guardian Adjustment Group LLCat 5 '3 53 East Oakland Ave

4 Luff? f Doylestown PA 18901, ) a i 215 34511190ffice. \ 4(4) 1 2153451146 fax

October 14 2019

Scott Sinclair

203 South Church Street

Clifton Heights, PA 19018

Date ofLoss 03/17/2019Type ofLoss Water Damage

Our File Number 011 1313

Dear Mr Sinclair,

Perhaps you may have forgotten or simply overlooked however, to date, we have not yetreceived payment for our services We are politely reminding you that per the contract, the contingentfee of$961 56 is due based on all payments made from the msurance company A copy ofthe statementof services that was generated back in June 2019 is enclosed for your convenience

Please make the check payable to Guardian Adlustment Group LLC

Please forward us the balance due at your earliest convemence We also accept Credit/Debitfor your convenience We sincerely thank you for the opportunity to be of service and look forward todoing busmess w1th you In the future Ifyou have any questlons or concerns, please feel free to call meon my cell as listed below

Sincerely,

Jordan Truelove

President Public AdjusterCell 267 331 1170

abf