IN THE MUNICIPAL COURT OF FRANKLIN COUNTY, OHIO. Case No. Judge. COMPLAINT

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1 IN THE MUNICIPAL COURT OF FRANKLIN COUNTY, OHIO Three-C Body Shop, Inc Briggs Road Columbus, Ohio m NOV 26 PH2:l4? Plaintiff, Case No. vs. Judge. Caleb P. Brickey 161 Iberia Street Mount Gilead, Ohio Defendant. COMPLAINT NOW COMES Plaintiff, Three-C Body Shop, Inc. ("Three-C"), by and through its counsel, and for its Complaint against Defendant, Caleb P. Brickey, hereby states as follows: PARTIES 1. Plaintiff Three-C Body Shop, Inc. is a collision repair facility located at 2300 Briggs Road, Columbus, Franklin County, Ohio. 2. Upon information and belief, Defendant Caleb P. Brickey ("Defendant"), is an individual residing at 161 Iberia Street, Mount Gilead, Morrow County, Ohio. JURISDICTION AND VENUE 3. Jurisdiction is conferred in this Court by Ohio Rev. Code Venue is proper under Ohio Civil Rules 3(B) (6). FACTS COMMON TO ALL CLAIMS 4. On or about June 3, 2014, Defendant failed to yield to oncoming traffic while turning and as a result, struck a 2005 Jeep Liberty owned by Andrew Kirk.

2 5. The impact caused damages to Andrew Kirk's vehicle requiring repairs to restore the vehicle to pre-accident condition. 6. Andrew Kirk took his vehicle to Three-C and signed an agreement authorizing repairs. See, "Agreement and Repair Authorization" attached hereto as Exhibit A. 7. An initial estimate of the work was prepared but as work progressed, additional repairs were required to restore the vehicle to pre-accident condition. The final cost for all repairs totaled $5, See, Supplement of Record 4 with Summary attached hereto as Exhibit B. 8. Defendant was insured at the time of the accident and Defendant's insurance company tendered payment in the amount of $3, but refused to pay for all necessary repairs to return Andrew Kirk's vehicle to pre-accident condition. 9. Paragraph 32 of the Agreement and Repair Authorization assigns the customer's damage claim for repairs and other services rendered under the agreement to Three-C. 10. Andrew Kirk further provided Three-C with a Power of Attorney to collect for the services not paid under the Agreement and Repair Authorization. See Exhibit C attached hereto. 11. A balance of $2, remains unpaid for the work performed by Three-C. NEGLIGENCE 10. Three-C adopts and incorporates its previous allegations in the Complaint the same as if fully rewritten herein. 11. Defendant was operating his motor vehicle on Eakin Road in Franklin County, Ohio, when he failed to yield to oncoming traffic and struck the 2005 Jeep Liberty owned by Andrew Kirk. 12. Defendant owed a duty to avoid damaging property owned by Andrew Kirk.

3 13. Defendant breached that duty by failing to yield thereby proximately causing damages to property owned by Andrew Kirk. 14. Andrew Kirk assigned his rights to collect for the remaining damages to his vehicle arising from Defendant's negligence to Three-C by virtue of the Agreement and Authorization for Repairs and by executing a Power of Attorney. 15. Three-C suffered damages as a direct and proximate result of Defendant's action in the amount of $2, plus costs, expenses, and attorney's fees, pre-judgment and postjudgment interest. WHEREFORE, Plaintiff Three-C Body Shop, Inc. demands judgment against Defendant for damages in the amount of $2, plus costs, interest at the statutory rate, attorneys' fees and any other relief deemed necessary and/or appropriate by this Court. Respectfully submitted, I lo'wesj Broad Street ^ColumbW, OH (614) (614) FAX i croghan@fbtlaw.com Attorneys for Plaintiff, Three-C Body Shop, Inc.

4 Three-C Body Shops, Inc. "The Rnest In Collision Repair." 2300 Briggs Rd, Columbus, OH Phone: (614) FAX: (614) Supplement of Record 4 with Summary Workfile ID: Federal ID: 073d35fl ' RO Number: Written By: Kevin Bates, 7/31/2014 1:55:22 PM Adjuster: BOARD, GARY, (614) Business Insured: Policy #: Claim #: Type of Losg:' - Collision Date of Loss: 6/3/ :00:00 PM Days to Repair: 0 Point of Impact: 01 Right Front Owner; Kirk, Andrew 94 SOUTH ST GROVEPORT, OH (614) Ceil (614) Cell Inspection Location: Three-C Body Shops, Inc Briggs Rd Columbus, OH Repair Facility (614) Business Insurance Company: AMERICAN FAMILY INSURANCE VEHICLE Year; 2005 Body Style: 4D UTV VIN: D4GL38K35W Mileage In: Make: JEEP Engine: 6-3.7L-FI License: PH413IL Mileage Out: Model: LIBERTY 4X4 RENEGADE Production Date: State: Vehide Out: 7/31/2014 Colon Champaign Inh Condition: Job#: TRANSMISSION Dual Mirrors Rear Window Wiper ROOF Overdrive 6 Speed Transmission Body Side Moldings Privacy Glass RADIO AM Radio Luggage/Roof Rack. SEATS 4 Wheel Drive Console/Storage FM Radio doth Seats POWER Power Steering CONVENIENCE Air Conditioning Stereo Search/Seek Bucket Seals WHEELS Power Brakes Power Windows Power Locks Power Mirrors DECOR ' Intermittent Wipers Tilt Wheel Cruise Control Rear Defogger Keyless Entry CD Player SAFETY Drivers Side Air Bag Passenger Air Bag 4 Wheel Disc Brakes Afuminum/Alloy Wheels PAINT dear Coat Paint OTHER Fog Lamps fix a) &ih 73 SlSl. Le^ j)cud (>ij "35^ S. (INL l5j.a,a. cu *TTo3>~ 7/31/2014 1:56:01 PM Exhibit Page 1

5 Supplement of Record 4 with Summary RO Number: Vehide: 2005 JEEP LIBERTY 4X4 RENEGADE 40 UTV 6-3.7L-FI Champaign Uhe Oper Description Part Number Qty Extended Price $ # S01 FRONT BUMPER S02 SQ3 * S03 GRILLE #- 17 # S03 S R&I Repl Repl R&I Repl DELETED INT EST TO INPUT INS EST License bracket package O/H bumper assy Bumper cover all accent Note: INS HAD WRONG BUMPER FIGURED ON EST Add for fog lamps Absorber Air ddlectcr License bracket plate mounting S02 R&I Grille Renegade S02 Rpr Grille Renegade S02 S02 FRONT LAMPS Add for dear Coat Refh DEDUCT FOR PARTIAL REFN 502 R&I Insert 503 Repl RT FOG GRILLE PART# AA Note: SELF DESTRUCT ON REMOVAL S03 Repl LT FOG GRILLE PART # AA S02 SQ2 # S03 S04 * S04 Note: SELF DESTRUCT ON REMOVAL i. 5JG91CD7AD AF AA Repl RT Side marker lamp AB 1 Repl RT Fog lamp assy w/renegade AE 1 AIM FOG LAMPS 1 R&I RT Headlamp assy from Rpr RT Headlamp assy from Note: OTHER THAN REPLACING * S04 Rpr Support panel w/renegade " Note: OTHER THAN REPLACEING AND HAVING CUST PAY BETTERMENT S03 Repl RT Park & side lamp AE 1 RADIATOR SUPPORT * S03 Rpr Radiator support. * SIM Rpr Front dmember Note: OTHER THAN REPLACING labor Ind. 0.3 Ind. Ind. 0.2 Ind. 1,0 02 Ind. Ind. Ind ID Ind. ZD ZD. Paint <r- ILfl LLC COOLING * S03 R&I Cooler STEERING GEAR & LINKAGE SG3 R&I P/S cooler AIR CONDITIONER & HEATER S03 R&I Condenser JLfi 1.0 M 0.6 M 7/31/2014 1:56:01 PM Page 2

6 Supplement of Record 4 with Summary RO Number: Vehlde: 2005 JEEP LIBERTY 4X4 RENEGADE 4D UTV 6-3.7L-FI Champaign Note: FOR ACCESS 35 SQ3 Repl 1 AC Service evacuate & recharge 1 m 1.4 M 36- S03 - -Repl AC Sevice refrigerant recovery 1.m 0.4 M 37 SQ3 Rep! Freon & Oil T M 38 COWL 39 SQ3 R&l Cow! grille FENDER 41»- S04 Rpr RT Fender. 2i5 2.0 Note: USED WAS POOR CONDITION Overlap Major Non-AdJ. Pane! Add for dear Coat * S03 Rep!. FT Wheel flare a!! code (KBE) 5JR68QMAH Note: INS HAD WRONG FLAR FIGURED ON EST 45 # S02 Repl AM PINSTRIPES TAPE 1 15, # 502 Rpr REMOVE PINSTRIPES * 503 Rpr RT Side rail ' s 2*0 LZ 48 S02 Repl FT Wheel flare rivet AA S * 502 Rpr RT Inner panel reinforcement s 2J ' Overlap Minor Panel ELECTRICAL 52 # 503 R&I FUSE BOX 0.4 M 53 * S02 RSI Cover QJ 54 S03 R&I Mast # S02 R&I WIRING # 503 Rpr WIRING PROTECTIVE COVERING as M 57 # S03 Rep! RESTORE CORROSION PROTECTION. 58 # S02 Rep! CAR COVER # 502 Rep! SEAM SEALER S03 R&I Battery. m 0.3 M 61 # 502 Repl ROCKER MLDG CUP ' # 503 DENIB AND POLISH 1 ' # 502 Rpr SETUP & MEASURE A!gn PULL REBAR AND APRON 3.0 F 65 # S03 Algn ADDmOANL FULLTO SQAURE 4.0 F HOOD APPETURE Rpr WELD ON TABS FOR 1.0 STRAIGHTENING PULLS TO APRON 67 # S03 R&I TRIAL FIT PARTS AND SET GAPS WHEELS 69 S03 R&I RT/Front R&I wheel m 0,1 M 70 ENGINE Note: FOR ACCESS R&I Air deaner assy m 0.5 M 72 WINDSHIELD 7/31/2014 1:56:01 PM Page 3

7 Supplement of Record 4 with Summary RO Number: Vehlde: 2005 JEEP UBERTY 4X4 RENEGADE 40UTV 6-3.7L-FI Champaign. 73 S04 R8J Reservoir * S04 Rpr Reservoir 1M 75 PILLARS, ROCKER ft FLOOR. Note: NON OE RESERVOIRS LEAK '76 S02 R&T RT Step assy S02 R&I LT Step assy # S02 Rpr PINCH WELDS AFTER PULL 1.6 ' 79 S02 R&I KT Rocker molding front S02 R&I LT Rocker molding front S02 FBI RT Rocker molding rear S02 R&I LT Rocker molding rear FRONTDOOR Bind RT Outer panel- 85 * S02 R&I KT Body ddemldgalj code (Kll) sn 86 S02 R&I RT Mirror power heated w/o 0.3 memory 87 ' * S02 R&I RT Run channel S02 R&I. RT Handle, outside w/o lock 0.4 cylinder R&I RT R&I trim panel. 0-5 SO # 502 R&I VENT SHADE # SQ2 Tint Color 92 # S03 Hazardous Waste T 93 # S03 Repl RETAINERS PART# AB # S03 Rep! RETAINERS PART# AC # S03 Repl BODY MATERIALS # 503 Repl WASHER FLUID # S03 Rpr FRONT WHEEL ALIGNMENT 1.4 M 98 # S03 MASK FOR PRIMER # S03 MASK HOOD AND DOOR JAMB i 100 # S03 FREE UP TIME FOR RUSTED BOLTS # S03 TEST DRIVE FOR SAFETY AND 0.4 M NOISES. * ' 102 # S03. Rep) 1.3 HOURS OVERLAP MATERIAL ADD BACK@$30 HR. 103 "# S03 Rep! NirTS,BOLTS,BULBS,OR. FASTWER,VWRE TIES 104 # S03 Undercoating 105 # S04 TOTAL AMOUNT OF SUPP $ T 0.3 SUBTOTALS 1,248, NOTES Prior Damage Notes: LF Door 7/31/2014 1:56:01PM Page 4

8 Supplement of Record 4 with Summary RO Number: Vehide: 2005 JEEP LIBERTY 4X4 RENEGADE 4D UTV 6-3.7L-FI Champaign RF Door.. RR Door, ESTIMATE TOTALS Category Basis Rate Cost $ Parts 1, Body Labor 44.3 $ /hr 2, Paint Labor 10.6 $ 50,00/hr Mahanfcaf Labor 7.0 hrs $ /hr Frame Labor 7.0 $ 55.00/hr 3B5.00 Paint Supplies 10.6 $ 30.00/hr Miscellaneous Subtotal 5, Sales Tax $ % Grand Total 5, CUSTOMER PAY 0.00 INSURANCE PAY 5, /31/2014 1:56:01 PM Page 5

9 Supplement of Record 4 with Summary: RO Number: Vehlde: 2005 JEEP LIBERTY 4X4 RENEGADE 4D UTV F1 Champaign SUPPLEMENT SUMMARY Una Oper Description Part Number Qty Extended Price $ Deleted Items 22 * S02 Repl Added Items * # S02 * S02 S02 S02 S02 * S03 S02 WINDSHIELD ** S02 S04 S04 S04 WINDSHIELD S04 * S04 Repl Repl Repl Rpr LKQ RT Headlamp assy from ' AA %. Aim headlamps Support panel w/renegade. S51S6968AE NOTE: INS HAS CU5T TO PAY 50% OF COST AND LABOR DUE TO PRIOR DAMAGE Front Cmember AN 1 ' s LKQ RT fender assy+25% AB Overlap Major Non-Adj. Panel Add for dear Coat Refn edges LT Side rail... s NOTE:. WELD ZONE Overlap Minor Panel Repl A/M Reservoir 5I6132QAA S04 R&I- RT Headlamp assy from S04 Rpr RT Headlamp assy from NOTE: OTHER THAN REPLACING S04 Rpr Support panel w/renegade S04 NOTE: OTHER THAN REPLACEING AND HAVING CUST PAY BETTERMENT Rpr. Front Cmember S04 Rpr RT Fender S04 NOTE: OTHER THAN REPLACING NOTE: USED WAS POOR CONDITION. Overlap Major Non-AdJ. Panel Add for Clear Coat Overlap Minor Panel R&I Reservoir Rpr Reservoir NOTE: NON OE RESERVOIRS LEAK TOTAL AMOUNT OF SUPP $ ' SUBTOTALS ' Labor Ind AS *5 iq IA i A 10.9 Paint JA /31/2014 1:56:01 PM Page 6

10 Supplement of Record 4 with Summary R.0 Number: Vehide: 2005 JEEP LIBERTY 4X4 RENEGADE 40 UTV 6-3.7L-FI Champaign TOTALS SUMMARY Category Basts Rate Cost $ Parts, Body Labor 10.9 $ /hr PaJnt Labor -1.5 hrs $ /hr Paint Supplies -1.5 $ /hr Subtotal Sate Tax $ % Additional Supplement Taxes 0.01 Total Supplement Amount - -51&40 NET COST OF SUPPLEMENT -518*40 CUMULATIVE EFFECTS OF SUPPLEMENT(S) Estimate 7, Pamela Smoot Supplement SOI -7, Kevin Bate Supplement S02 3, Kevin Bate Supplement S03 2, Kevin Bate Supplement S Kevin Bates Job Total: $ 5, INSURANCE PAY: $ 5, This is a preliminary estimate only,- Additional changes to the estimate may be required for the actual repair. After the repair worfc has been started, worn, damaged or previously repaired parts that were not evident upon our first Inspection may be discovered. Naturally, this estimate cannot cover such contingencies and the final repair may require additional parts and/or labor. Also, the repair may change from this estimate if, in our opinion, a change in the repair process would benefit the vehicle and the vehide owner. ALL REPAIRS AND REFINISHING WORK PERFORMED BY THREE-C BODY SHOPS, INC. HAS A LIMITED LIFETIME WARRANTY FOR AS LONG AS YOU OWN YOUR CAR. PLEASE KEEP THIS DOCUMENT IN A SAFE PLACE AS XT MUST BE PRESENTED TO RECEIVE WARRANTY SERVICE. THREE-C BODY SHORS, INC. DOES NOT PROVIDE TRANSPORTATION FOR WARRANTY RELATED ITEMS. Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or fifes a claim containfng a fafse or deceptive statement fs guilty of Insurance fraud.. 7/31/2014 1:56:01 PM Page 7

11 Supplement of Record 4 with Summary RO Number: Vetilde: 200S JEEP LIBERTY 4X4 RENEGADE 4D UTV 6-3.7L-FI Champaign Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide DR3WD02, CCC Data Date -7/17/2014, and the parts selected are OEM-parts manufactured by the vehides Original Equipment Manufacturer. OEM parts are available at OE/Vehide dealerships. OPT OEM (Optional OEM) or AIT OEM (Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehide dealerships. OPT OEM or ALT OEM parts may reflect some spedflc, spedal, or unique pricing or discount.. OPT OEM or ALT OEM parts may Include "Blemished" parts provided by OEM's through OEM vehicle"dealershlps. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor Information provided"by MOTOR may have been modified or may have come from an alternate data source. Tilde sign («*) items indicate MOTOR Not-Included Labor operations. The symbol (<>) indicates the refinish operation WILL NOT be performed as a separate procedure. from the other panels In the estimate. Non-Original Equipment Manufacturer aftermarket parts are described as Non OEMorA/M. Used parts are described as LKQ, RCY, or USED. Reconditioned parts are described as Record. Recored parts are described as Recore, NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line "with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Pound sign (#) items indicate manual entries, Some 2015 vehides contain minor changes from the previous year. For those vehides, prior to receiving updated data from the vehicle manufacturer, labor and parts data from the previous year may be used. The CCC ONE estimator has a complete list of applicable vehides. Parts numbers and prices should be confirmed with the local dealership. The following is a list of additional abbreviations or symbols that may be used to describe work to be done or parts to be repaired or replaced: SYMBOLS FOLLOWING PART PRICE: -. m=motor Mechanical component s«motor Structural component T=Miscellaneous Taxed charge category. X=Miscellaneous Non-Taxed charge category. SYMBOLS FOLLOWING LABOR:, D=Diagnostlc labor category. E=Elecbical labor category. F=Frame labor category. G=Glass labor category. M=Mechanica! labor category. S=Structural labor category. * (numbers) 1 through 4=User Defined Labor Categories. OTHER SYMBOLS AND ABBREVIATIONS: Adj.=Adjacent Algn.=Allgn. ALU=Aluminum. A/M=Aftermarket part Blnd=Blend. BOR=Boron steel, G\PA=Certified Automotive Parts Association. D&R=Disconnect and Reconnect HSS=High Strength Steel., HYD=Hydroformed Steel. Ind.=I(iduded. LKQ=LIke Kind and Quality. LT=Left MAG=Magneslum. Non-Adj.=Non Adjacent. NSF=NSF International Certified Part. 0/H=Overhaul. Qty=Quantity. Refn=Refinish. RepI=Replace. R8d=Remove and Install. R&R=Remove and Replace. Rpr=Repalr. RT=Right SAS=Sandwiched Steel., SectsSection. Subl=Sublet. UHS=Ultra High Strength Steel. N=Note(s) assodated with the estimate line. CCC ONE Estimating - A product of CCC Information Services Inc. The following is a list of abbreviations that may be used in CCC ONE.Estimating that are not part of the MOTOR CRASH ESTIMATING GUIDE: ' BAR=Bureau of Automotive Repair. EPA=Environmental Protection Agency. NHTSA= National Highway Transportation and Safety Administration. PDR=PalntIess Dent Repair. VIN=Vehide Identification Number. 7/31/2014 1:56:01 PM Page8

12 Three-C Rep Al Kender This Agreement and Repair Authorization ("Agreement") is entered into between Three-C Body Shops, inc. {"Three-C") and ("Customer") Andrew Kirk for the repair of a 2005 Make Jeep Model Liberty Submodel 4x4 Renegade Color Champaigne VIN 1J4GL38K35W Phone Number (614) Address ANDREWKIRK4@AOL,COM Address 94 SOUTH ST GROVEPORT, OH Current Date & Time Jun 09, :00 PM Insurer Involvement AK AGREEMENT AND REPAIR AUTHORIZATION This Agreement and Repair Authorization ("Agreement") is entered into between Three-C Body Shops, Inc. ("Three-C") and "Customer") for the repair of a the listed vehicle on the date and time of this contract Three-C agrees to repair Customer's Vehicle and Customer agrees to hire Three- Exhibit

13 C to repair Customer's Vehicle upon the foilowing terms and conditions. The charges in this Agreement apply to both a repaired Vehicle and when Customer declares the Vehicle to be a total loss or sells the Vehicle to any third party in lieu of obtaining a full repair. In consideration of the mutual promises herein, and other valuable consideration, the parties agree as follows: 1. Authorization to Repair. Customer requests and authorizes Three-C to make all repairs that Three-C, in its sole discretion, believes are necessary or proper to make Customer's Vehicle safe and roadworthy. Customer expressly represents to Three-C that Customer has the lawful right to authorize repairs to be made to the Vehicle, whether by right of ownership, leasehold interest, or direct authorization from the owner of the Vehicle. Customer also acknowledges that any data, documentation and information pertaining to the damage analysis or repair belong to Three-C and that Three-C may use that data, documentation and information in any way Three-C chooses, including but not limited to disclosing it to third parties. Customer authorizes Three-C to continue working on and making repairs to Customer's Vehicle until such time as Three-C, in its sole discretion, believes that all repairs have been completed, or Customer executes an Acknowledgment Terminating Repair Contract and Releasing Motor Vehicle. 2. Completion. The estimated completion dates are approximate, not binding upon Three-C, and may be exceeded because of a variety of reasons, including but not limited to unforeseen circumstances. 3. Estimate. Before performing any repair work on Customer's Vehicle, Three-C shall provide to Customer, upon Customer's request, an estimate. Three-C shall make every reasonable effort to perform all repair work pursuant to the items and limitations of any such estimate. However, Customer authorizes Three-C to repair or replace any parts on the Vehicle which Three-C determines, in its sole professional judgment, are necessary or proper to repair Customer's Vehicle. Customer grants Three-C, in its sole discretion, the sole and exclusive right to determine whether parts should be repaired or replaced, regardless of any insurance company's directive or preference. Customer expressly grants Three-C the right to repair or replace such parts as it determines, in its sole discretion, to be necessary or proper and adjust the cost accordingly. The parties agree that the actual repair or replacement cost shall not exceed the estimated repair costs by more than ten percent (10%), unless Three-C receives prior approval from Customer or an agent from the responsible insurance company. Customer agrees that the prices for all parts are estimated and subject to change upon receipt of the invoice. Customer acknowledges that Three-C's average estimated cost for Three- C's labor, charges, costs, fees, and expenses for totaled vehicles averages

14 approximately $1,750.00, and Three-C's average estimated cost for Three-C's labor, charges, costs, fees, and expenses for repairable vehicles is $3, Customer acknowledges that these average estimates do not include rental fees, towing charges, storage costs, taxes, extraordinary costs, fees, and expenses, extraordinary labor charges, or other costs, fees, or expenses not related to Three- C's average labor, charges, costs, fees, and expenses. Customer further acknowledges that the final balance due regarding Customer's Vehicle may be greater than or less than the average amounts identified above. Customer agrees and accepts that the amounts discussed above and as otherwise identified in this Agreement serve as an estimate to Customer, in addition to an Agreement and Repair Authorization. 4. Authorization to Operate and Release. Customer-authorizes Three-C to move, test drive, and otherwise operate the Vehicle on all public and private streets, roads, highways, and other thoroughfares for the purpose of transporting, moving, testing, or inspecting the Vehicle as Three-C, in its sole discretion, deems necessary or proper. Customer forever waives, discharges, and releases Three-C from all liability and damages caused to the Vehicle as a result of, or caused by or during, the operation. 5. Independent Third-Parties. Three-C may in its sole discretion retain and utilize independent third-parties to perform repairs and services to the Vehicle. Customer authorizes Three-C to transport, drive, move, tow, and/or send the Vehicle to another location for the independent third-party to repair, examine, test, or otherwise work on the Vehicle. Customer forever waives, discharges, and releases Three-C from all liability and damages caused to the Vehicle as a result of, or caused by or during, any independent third-party's actions, inactions, omissions, negligence, or intentional acts. 6. Limitation of Liability. Customer agrees that Three-C will not be held liable for any loss, damages, or destruction caused to the Vehicle by fire, theft, acts of God, unlawful conduct by third parties, and/or anything not within Three-C's full control, and any cost or expense resulting therefrom. Customer further agrees that Three- C is not responsible for dead batteries, window tint, squeaks, rattles, buff-throughs, car phones, alarms, custom electronics, or any personal property. Customer forever waives, discharges, acquits, releases and agrees to indemnify Three-C from, against, and for any and all liability regarding the aforementioned, and any and all losses, damages, costs, fees, including but not limited to attorney's fees and expert witness fees, charges, and expenses associated therewith.

15 7. Storage. If Three-C notifies Customer that the Vehicle is ready for pick-up and Customer does not pick-up the Vehicle within three (3) calendar days from Three- C's notification, Customer agrees to be charged a storage charge of $30.00 per day for the first thirty (30) calendar days, and $ per day for every calendar day thereafter, beginning with tie fourth (4th) calendar day after the Three-C notified Customer that the Vehicle was ready for pick-up and continuing each day until the final balance due is paid in full and the Vehicle is physically removed from Three-C's property. Further, if at any point the responsible insurance company deems the Vehicle a total loss, Customer will be charged a storage charge of $30.00 per day for the first thirty (30) calendar days, and $ per calendar day for each day thereafter, beginning with the date the Vehicle was delivered to Three-C until the date that the final balance due is paid in full and the Vehicle is physically removed from Three-C's property. Customer agrees to be responsible for all of the aforementioned charges at all times. Further, Customer authorizes Three-C to hold Customer's Vehicle until such time as Customer pays all of Three- C's charges, costs, fees, and expenses that are due under this Agreement. Customer authorizes Three-C to add all storage charges, costs, and fees to Customer's final balance due. Further, Customer authorizes Three-C to store the Vehicle at any location Three-C chooses, in its sole discretion, regardless of where the location is located and whether Three-C or a third party owns the location. Customer further authorizes Three-C to tow or otherwise transport the Vehicle to and from any location where Three-C chooses to store the Vehicle. Customer forever releases and waives any and all claims Customer has or may have, if any, against Three-C for towing or transporting the Vehicle to and from storage locations. 8. Hazardous Waste Charge. Customer agrees to be charged a minimum hazardous waste charge of $10.00 as a standard fee to compensate Three-C for the expense of complying with the laws governing the disposal of hazardous waste material. If Three-C, in its sole discretion, believes that Customer's Vehicle has leaked excessive amounts of fluids during the repair process or Three-C's storage of the Vehicle, Customer agrees to pay a maximum hazardous waste charge of $50.00 to Three-C. 9. Cover. Customer agrees to pay $10.00 per occasion for Three-C's use of a car cover to protect Customer's Vehicle from paint overspray, dust, and other matters while the Vehicle is in Three-C's shop areas. Customer authorizes Three-C to utilize a car cover on as many occasions as Three-C, in its sole discretion, deems necessary or proper.

16 10. Administrative Fee. If the responsible insurance company ever deems the Vehicle a total loss, or Customer sells the Vehicle to any third party in lieu of obtaining a full repair, Customer will pay Three-C an administrative fee of between $25.00 and $ for various administrative functions performed by Three-C, in addition to the other charges, costs, fees, and other charges discussed in this Agreement. Three-C will provide Customer v/ith a list of such functions and its associated cost upon Customer's request. 11. Towing. Customer will pay for all towing charges, including towing charges by Three-C and/or any other vendor. Any unpaid towing charges will be added to Customer's invoice(s) or final balance ov/ed. In addition, if the Vehicle was towed by Three-C and/or any other vendor at Customer's request and Three-C is required by the towing company to pay the towing charges and fees in order to obtain possession of the Vehicle, Customer will reimburse Three-C for those towing charges. Further, Customer agrees that if the Vehicle is disabled and/or Three-C believes towing the Vehicle in connection with its repair or storage is necessary or proper, Customer will pay Three-C for said towing charges and fees. For each towing charge, Customer will pay Three-C a mark-up fee of between 10% and 30% beyond each actual towing charge, regardless of whether the towing company is the Three-C or another vendor. Customer grants Three-C the right to determine the mark-up fee. 12. Disassembly/Reassembly. If the Vehicle is disassembled at any time by Three- C to determine the extent of the damage, the cost of repairs, or for any other purpose associated with repairing Customer's Vehicle and Three-C does not complete all related repairs that Three-C, in its sole discretion, deems necessary or proper, Customer will pay a disassembly and reassembly fee in accordance with the Three-C's standard hourly rates that apply when such work took place. Three- C will provide Customer with a list of such rates upon Customer's request. Further, Customer acknowledges that reassembly may not be possible once the Vehicle has been disassembled. Customer releases and waives any claims Customer may have against Three-C for not reassembling the Vehicle. 13. Insurance Company Payment Checks. Customer acknowledges that: (a) If Customer is issued a check or draft from an insurance company for payment of the costs of Three-C's repairs or any other cost, fee, charge or expense discussed in this Agreement, and the check or draft requires a bank or lending institution's

17 endorsement, Three-C shall have possession of the check or draft for a minimum of forty-eight (48) hours before submitting the check or draft to the endorsing institution; (b) Three-C will not present checks or drafts, nor wiil a representative of Three-C accompany Customer to the endorsing institution to have the check or draft endorsed; (c) If the endorsing institution is located outside of Columbus, Ohio or a contiguous city, Customer must personally make arrangements with the endorsing institution to have the check or draft properly endorsed; (d) Payment must be made to Three-C at the time Customer receives delivery of the Vehicle. THREE-C DOES NOT ACCEPT PERSONAL CHECKS, BUT DOES ACCEPT BANK CERTIFIED CHECKS AND MONEY ORDERS, OR MASTERCARD, VISA, AND DISCOVER CREDIT CARD PAYMENTS UP TO $1, IN ADDITION TO THE PAYMENT AMOUNT, CUSTOMER AGREES TO PAY THREE-C A CONVENIENCE FEE OF 3.00% OF THE AMOUNT OF THE PAYMENT MADE IF CUSTOMER'S CREDIT CARD PAYMENT EXCEEDS $1, Durable Limited Power of Attorney. Customer grants Three-C a Durable Limited Power of Attorney and appoints Three-C as Customer's lawful attorney-infact for Customer, and in Customer's name, place, and stead, for the following specific and limited purposes only: to institute, prosecute, file suit, hire legal representation, defend, negotiate, compromise, settle, appeal, or terminate any administrative proceedings, civil claims, litigation, or other proceedings, for or against Customer with regard to any and all claims Customer has or may have in the future against all responsible insurance company(ies), and/or any of its subsidiaries, related companies, and/or agents regarding any monies Three-C is owed relating to the goods and services described in this Agreement; and to endorse all checks or drafts in Customer's name which are received in payment of the goods and services provided to Customer under this Agreement for the duration of the claim(s). Customer hereby waives, releases, and discharges Three- C from any and all claims, losses, and/or causes of action with Customer, or anyone claiming by or through Customer, regarding this Durable Limited Power of Attorney, or any actions or omissions hereunder. This Durable Limited Power of Attorney shall not be affected by Customer's disability or the lapse of time. Customer agrees to reimburse and indemnify Three-C for any costs, fees, including but not limited to attorney's fees, and expenses Three-C incurs in exercising the powers granted herein. No bond shall be required of the Three-C at any time. Customer agrees to indemnify any injured person or entity who acts in good faith and in reliance upon this durable limited power of attorney. 15. Lien. Customer grants to Three-C a valid, enforceable lien in the Vehicle, which shall be valued at all total amount(s) owed by Customer to Three-C.

18 Customer acknowledges that the total amount(s) owed include, but are not limited to any and all costs, fees, including reasonable attorney's fees, charges, expenses, rental car fees, labor charges, towing charges, storage charges, and all other charges, costs, fees and expenses identified in this Agreement. Customer agrees that Three-C's lien shall only be released upon Customer's payment of the final balance owed to Three-C. Customer agrees that the lien granted herein entitles Three-C to sole possessory rights and interest in the Vehicle until said lien is released as described above. Customer further agrees that said lien shall be superior to any other lien attached to or associated with the Vehicle, as well as any other rights of assignment and/or possessory rights and interests in the Vehicle. 16. Rental Charges. Customer is solely responsible for all rental car charges, costs, fees, and expenses. Three-C will not be responsible for Vehicle rental costs, or any other costs, fees, or expenses incurred by Customer. Customer releases Three-C from any such costs, fees, and expenses. Customer agrees to pay all charges, costs, fees, and expenses associated with Customer's rental car before requiring Three-C to release the Vehicle to Customer or any third party. Customer further authorizes Three-C to retain the Vehicle in Three-C's possession until such time as the rental car charges, costs, fees, and expenses are paid in full. Customer further authorizes Three-C to add any rental car charges, costs, fees and expenses due to Customer's invoice(s) or final balance due. 17. Payment. Customer agrees to pay Three-C for all actions undertaken on Customer's behalf, including the cost of parts, labor, taxes, fees, services, diagnostic testing, administrative charges, hazardous waste charges, restocking fees, rental car fees, and all other charges that may involve costs for towing, parking, and/or storage. Three-C will provide Customer with an invoice or request for payment reflecting charges for activities relating to Customer's Vehicle, any proceeds or payments received, and any outstanding balance which must be paid by Customer prior to the release of the Vehicle. Customer acknowledges that all invoice(s) and requests for payment are due and owing immediately upon receipt. If payment in full is not made upon Three-C's request, Three-C may charge interest to Customer or Customer's account at the maximum rate allowed by law. In addition, Customer agrees to reimburse Three-C for all of its charges, costs, fees, and expenses associated with Three-C collecting any amounts due under this Agreement, including, but not limited to, all of Three-C's attorney's fees, thirdparty fees, court costs, expert witness costs, other fees, and expenses, travel fees, Three-C's hourly rate for additional lime spent collecting, and all other charges, costs, fees, and expenses incurred by Three-C. Customer authorizes Three-C to accept and apply any and all payments received by Three-C, whether paid by the Customer or any third-party or insurance company, that are less than Customer's

19 invoice(s) or final balance due. Customer agrees that any payments so applied shall not be considered or construed as a compromise or settlement of Customer's invoice(s) or final balance due, but rather a partial payment toward the invoice(s) or final balance due. 18. Repair Process. A. Damage Analysis. Customer will pay for repairs to the Vehicle specified by Three-C's analysis of damage, expected repair cost, and repair plan ("Damage Analysis). Customer agrees that Three-C has provided Customer with a copy of the Damage Analysis (if Customer requested the same), which is incorporated herein by reference, and the same may have been discussed with and approved by Customer prior to the performance of the repairs. Customer acknowledges that any estimate prepared by or for an insurance company is solely for the insurer's internal cost-estimating purposes and has no impact on decisions Three-C will make to properly and safely repair Customer's Vehicle. B. Additional Damage. Additional damage may be discovered and the need for additional repairs not included on the Damage Analysis may become necessary during the course of repair. In that event, Three-C will promptly notify Customer of the additional repairs necessary to be made to the Vehicle and the expected cost. Three-C may provide a supplemental Damage Analysis or may incorporate the additional repairs into a revised version of the original Damage Analysis if Customer formaiiy requests the same Insurer Involvement. Three-C is the sole professional determiner of the necessary and proper method for repairing Customer's Vehicle. Customer is the only person/entity with whom Three-C has any obligation to communicate and has the right to make decisions concerning the Vehicle's repair. Customer acknowledges that Three-C has no obligation to communicate with any insurer and that Three-C does not accept any insurer's estimate as the cost of repair or method of repair. Three-C may elect to interface with an insurer to streamline the payment process for Customer, but Customer agrees any interface is solely performed as a courtesy to Customer and understands Three-C is not acting as an agent of Customer. (Customer initial) I understand that Three-C, in the exercise of professional judgment, v/ill repair my Vehicle safely and properly, which may involve using better parts or safer repair techniques than those for which my insurer or a

20 responsible third party may reimburse me. My insurer or a responsible third party might deny payment for repairs that Three-C deems necessary or proper in the exercise of professional judgment. I understand and agree that i will be financially responsible for all repair services provided to me, which may include charges for labor, parts, car rental, towing, parking, and storage, as they are listed on the invoice(s) and/or final balance due, even if payment is denied by my insurer or a responsible third party, i UNDERSTAND THAT 1 AM FINANCIALLY RESPONSIBLE FOR ALL CHARGES, COSTS, FEES, AND EXPENSES DISCUSSED IN THIS AGREEMENT. 20. Possession and Replevin. Three-C shall have a lien against the Vehicle for any and all amounts identified in this Agreement until those amounts are paid in full. Customer agrees that Three-C shall have the right to retain the Vehicle until Three- C is paid in full. Customer releases and waives all replevin claims against Three-C regarding the Vehicle until Customer pays the final balance owed to Three-C. Further, Customer warrants that Customer will not pursue any replevin action against the Three-C until Customer has paid the entire final balance due. Customer agrees to consent to any motion or request to dismiss any such action based on Customer's warrant, release and waiver herein. 21. Right to Expectancy Damages. By undertaking this Agreement to repair the Vehicle, Three-C will have lost the opportunity to accept other repair contracts and perform other repairs by designating personnel and dedicating resources to the preparation for and engagement of the repair of the Vehicle. In the event Customer breaches this Agreement, even if persuaded to breach by a third party privileged to interfere with a contract between Customer and Three-C, Three-C shall be entitled to the full measure of all of the cost of repairs, labor, parts, fees, taxes, services, and charges, including charges for towing, parking and/or storage, expected to be paid in the performance of this Agreement, together with interest accruing at the maximum statutory rate authorized by state law from the date of the breach. 22. Parts. Three-C prefers to utilize new original equipment manufactured ("OEM") parts when performing repairs. IfThree-C determines that the use of other than new OEM parts will not affect the safety or performance of the Vehicle and Customer elects to utilize other parts, Customer acknowledges that use of such parts may decrease the value of the Vehicle, may place Customer In violation of a Vehicle lease or finance contract, and may impact the Vehicle's manufacturer's warranties. Customer authorizes Three-C to discard all old parts unless Customer instructs Three-C otherwise in writing below. Customer would like the following parts returned to Customer (Customer acknowledges that if Customer does not fill in the line below, it is Customer's request that Three-C dispose of all parts removed from Customer's Vehicle): Customer will be responsible for the disposal of the following parts (Customer

21 acknowledges that if Customer does not fill in the line below, it is Customer's request that Three-C dispose of ail parts removed from Customer's Vehicle): Further, in the event the responsible insurer does not pay Three-C in full for the entire balance(s) due upon receipt of Three-C's invoice(s) or request for pay. Customer authorizes Three-C to remove and keep as its own property all parts installed on the Vehicle. 23. Workmanship Warranty. Customer acknowledges that only upon payment of the entire balance due of Three-C's invoice(s), Three-C warrants to Customer that the workmanship of the repairs to the Vehicle will be free of defects for as long as the customer owns the vehicle from the date Vehicle is released to Customer. At no charge to Customer, Three-C will correct any defects in workmanship within that timeframe. For Three-C to remedy any workmanship defect, Customer must notify Three-C in writing and provide Three-C with a reasonable opportunity to cure the defect. This warranty applies to workmanship only. Further, Customer agrees that Three-C is the only Three-C that may make repairs under the warranty provisions herein. This warranty shall become null and void if Customer or any third-party authorizes any other Three-C, entity, or individual to make repairs, or attempt to make repairs, to the alleged defects. 24. Binding Effect. This agreement shall be binding upon the parties, their heirs, estates, agents, representatives, transferees, successors, insurers, third-parties, and assigns, including a new or different owner and/or change in title ownership of the Vehicle. 25. Entire Agreement / Amendments. This Agreement constitutes the entire terms of the parties' agreement. This Agreement cannot be amended, modified, or altered orally and may only be amended, modified, or altered in writing by a document signed by both parties. 26. Severability. The provisions of this Agreement are severable. If one or more of its provisions are determined to be illegal, invalid, or unenforceable, in whole or in part, then the remaining provisions, and any partially enforceable provision to the extent it is enforceable, shall nevertheless be binding and enforceable upon the parties. 27. Waiver. The failure by one party to require performance of any provision herein shall not affect that party's right to require performance at any time thereafter, nor

22 shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. The rights granted to the partes herein are cumulative and the waiver by a party of any single remedy shall not constitute a waiver of such party's right to assert all other legal remedies available to it under the circumstances. 28. Governing Law / Forum. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Ohio without reference to conflicts of law. Any litigation arising under this Agreement or relating to its subject matter shall be commenced and resolved in a court of competent jurisdiction in Franklin County, Ohio. 29. Captions. The various captions and section headings contained in this Agreement are inserted only as a matter of convenience and in no way define, limit, or extend the scope or intent of any of the provisions of this Agreement 30. Copy. A copy of this signed Agreement shall carry the same weight, power, and authority and shall have the same binding effect as the original signed Agreement. 31. Effective Date. This Agreement shall become effective upon Customer signing this Agreement and providing it to Three-C. 32. Assignment. Customer hereby assigns and transfers to Three-C all property loss claims, good faith claims, and all benefits and proceeds resulting therefrom as an insured party under Customer's automobile insurance policy with Customer's insurance company, or as a third-party claimant under the automobile insurance policy of the at-fault party, whichever may be the case. Customer's assignment includes, but is not limited to, all property loss rights, benefits, and claims held by Customer, together with any accrued or due interest that has or will have accrued on such claims. Customer grants to Three-C the authority to collect such claims, to receive payment, to maintain actions and causes of action, and to do all things in relation to such claims that Customer could have done had this assignment not been granted. Customer asserts that all insurance premiums are current and, if applicable, all payments on the Vehicle are current. Customer grants Three-C the right and authority to settle or compromise on terms that are acceptable to Three-C and apply the proceeds received to Customer's balance owed. Customer agrees that Three-C may accept any amount from any person or entity owing under this Agreement and may enforce the payment of proceeds, prosecute any action and/or cause of action, and defend any legal claim or proceeding with respect to

23 any and all proceeds, and enforce all other rights of Customer with respect to securing payment of the proceeds. This assignment applies to all payments, including but not limited to all initial fees, supplemental fees, charges, costs, and expenses related to the loss. Customer grants Three-C the right to notify any person or entity of this authority and the rights and benefits received hereunder. I UNDERSTAND THAT I AM ASSIGNING MY RIGHT TO INDEMNIFICATION FOR ALL COSTS RELATED TO PROPERTY LOSS TO THREE-C. Customer warrants to Three-C that Customer has the legal right, capacity and ability to make the assignment(s) herein discussed. 33. Estoppel. Customer is estopped from assigning, delegating, and/or transferring any right, title and/or interest in the Vehicle, or any part thereof, to any person or entity other than Three-C until Three-C's final balance due is paid in full and the Three-C acknowledges the same. If Customer transfers any right, title and/or interest in the Vehicle, in whole or in part, to any person or entity other than Three- C before Three-C's final balance due is paid In fulf and Three-C acknowledges the same, then Customer agrees that Customer has breached this Agreement and hereby expressly declares such assignment, delegation, and/or transfer to be null and void and hereby consents to any court of competent jurisdiction entering judgment in favor of the Three-C and declaring such assignment, delegation, and/or transfer to be null and void immediately upon motion or request by Three-C. Further, Customer agrees to indemnify and be liable to Three-C for any and all costs, including but not limited to court costs, fees, including but not limited to attorney's fees, and expenses incurred by Three-C to enforce the provisions herein and/or obtain such declaration or judgment. 34. Event of Default. The occurrence of any one or more of the following events shall constitute an event of default hereunder: (a) Customer's failure to immediately tender full payment of Three-C's invoice(s) and/or final balance due upon receipt of Three-C's invoice(s) or request of the final balance due; (b) If under the United States Bankruptcy Code or any other federal or state law relating to insolvency or relief of debts, Customer (i) commences a voluntary case or proceeding, (ii) consents to the entry of an order for relief against it in an involuntary case, (iii) consents to the appointment of a trustee, receiver, assignee, liquidator, or similar official, (iv) makes an assignment for the benefit of its creditors, or (v) admits in writing its inability to pay its debts as they become due; (c) Customer transfers any right, title, or interest in, or any claims relating to, the Vehicle to any person or entity other than Three-C without Three-C's prior express written consent; (d) Customer executes an Acknowledgment Terminating Agreement and Repair Authorization and Releasing Motor Vehic!e;.or (e) Customer breaches of any term of this Agreement or any obligation specified

24 herein. 35. Remedies. Upon the occurrence of any event of default, Three-C may declare any or all of Customer's indebtedness hereunder to be immediately due and payable. In addition, the defaulting Customer shall be liable to Three-C for all amounts due and ov/ing under this Agreement, plus pre-judgment and postjudgment interest thereon, plus reimbursement of all costs, including but not limited to court costs, expenses, fees, including reasonable attorney's fees, expert witness fees, and other fees, and other charges incurred as a result of the default and any collection and/or enforcement efforts relating to this Agreement or any matter hereto, plus any and all other rights and remedies granted to Three-C in this Agreement, and any other remedies available to Three-C under law or equity or granted to it by any court of competent jurisdiction. Customer further agrees to reimburse and indemnify Three-C for any and all costs, including but not limited to court costs, expenses, and fees, including but not limited to filing fees, attorney fees, expert witness fees, and other fees that Three-C incurs relating to any action that any insurer brings against Three-C relating to the Vehicle or Customer. 36. Counsel. Customer acknowledges Customer's right to consult with and be advised by legal counsel before executing this Agreement. After making such acknowledgment, Customer voluntarily waives Customer's right to consult with and be advised by legal counsel regarding the matters herein. 37. Communication. Customer authorizes Three-C to communicate, receive, disclose, and freely share with any third-parties, including but not limited to responsible insurance company(ies), expert witnesses, legal counsel, tax professionals, and other individuals or entities, any and all information Three-C desires to communicate, receive, disclose, and freely share with such individuals or entities regarding Customer's Vehicle, estimate(s), balance(s) due, and any other matters discussed in this Agreement. Upon Three-C's request, Customer will contact Three-C and notify it of the date, time, and substance of all communication any insurance company has with Customer regarding the Vehicle and will immediately provide Three-C with a copy of any and all communication, documents, instruments, and things any insurance company provides Customer with respect to the Vehicle. Customer will sign any and all waivers, releases, documents, and things and perform any act necessary for any insurance company to release to Three-C any and all files, policies, recordings, interviews, communications, information, materials, letters, notes, documents, records and things requested by Three-C upon Three-C's request regarding the Vehicle, any