The URL can be used to link to this page

Home My WebLink About13-1663 CUMBERLAND FENNSYLV �,r�iA'' AMERICAN ABATEMENT GROUP, INC., ) IN THE COURT OF COMMON I i Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW BATTLESTONE STEEL, LLC., ) Defendant ) NOTICE TO DEFENDANTS NAMED HEREIN: i 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 i ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249 -3166 c fr? I i i i AMERICAN ABATEMENT GROUP, INC., ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW BATTLESTONE STEEL, LLC., ) NO. Defendant ) COMPLAINT I AND NOW comes the above -named Plaintiff, by its attorney Samuel L. Andes, and makes the following complaint in this matter: 1. The Plaintiff is the American Abatement Group, Inc., a Pennsylvania business corporation which maintains its offices in New Bloomfield Pennsylvania. � � Y 2. The Defendant is Battlestone Steel, LLC., a business entity which maintains offices at i 645 5'' Avenue, New York, New York 10022. Defendant currently is engaged in a project at 50 Spring Road, Carlisle, Cumberland, Pennsylvania, where it maintains offices, employees, and a presence to perform on that project. 3. Plaintiff is engaged in the business of abatement of hazardous material. Plaintiff believes that the Defendant is engaged in the business of demolition and salvage. 4. In February of 2012, Plaintiff and Defendant entered into an agreement whereby Plaintiff was to provide abatement work, involving the removal and lawful disposal of hazardous material, for which Defendant agreed to pay Plaintiff a specified sum. A copy of that agreement is attached hereto and marked as EXHIBIT A. 5. Plaintiff entered onto the property where its work was to be done and proceeded to do its work in accordance with the contract between the parties. i i II - i I i 6. Defendant breached the contract between the parties by failing to make payment to Plaintiff as required. I 7. As a result of Defendant's failure to pay Plaintiff, a dispute arose between the parties and Plaintiff filed a Mechanics Lien claim with this court, which was filed to Docket No. 12- 5269 -MLD. ; I 8. In an effort to resolve the dispute between the parties, they entered into a settlement agreement which they titled an "Amendment to Agreement." The settlement agreement was dated 19 October 2012 and a copy of that is attached hereto and marked as EXHIBIT B. 9. Plaintiff well and truly performed its obligations under the settlement agreement i between the parties dated 19 October 2012. It released all of its present claims against Carlisle Auto Industries, Inc., against which the Mechanics' Lien Claim had been filed, and caused that Mechanics Lien to be satisfied and discharged. A copy of the document filed by Plaintiff to satisfy and discharge the Mechanics Lien is attached hereto and marked as EXHIBIT C. 10. Pursuant to the terms of the settlement agreement between the parties, Defendant was to pay Plaintiff the sum of $10,000.00 on or before 22 October 2012. The Defendant made that payment which was received by Plaintiff on 24 October 2012. 11. Pursuant to the terms of the settlement agreement between the parties, Defendant I was to pay Plaintiff the additional sum of $77,600.00 on or before 1 November 2012. Defendant failed to make that payment in accordance with the settlement agreement, although Defendant did pay Plaintiff the sum of $8,000.00 on or about 6 December 2012. 12. Thus, Defendant paid Plaintiff $8,000.00 against its obligation to pay Plaintiff $77,600.00. 13. Defendant has failed to make payment of the balance due Plaintiff and, by such failure, has breached the agreement between the parties dated 19 October 2012. Defendant, by i i i ' i its conduct, has injured Plaintiff in the amount of $69,600.00, plus interest on $77,600.00, since 1 November 2012 and interest on $69,600.00 after 6 December 2012, plus costs of suit. WHEREFORE, Plaintiff prays this court to enforce the settlement agreement between the partie4s dated 19 October 2012 and enter judgment in Plaintiffs favor and against the Defendant in the amount of $69,600.00 plus interest on $77,600.00 from 1 November 2012 until I' 6 December 2012 and on $69,600.00 after 6 December 2012, plus costs of suit. I Samue L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12 Street P.O. Box 168 Lemoyne, PA 17043 (717) 761 -5361 I i i i i i i I i i I verify hat the statements made ade m this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). i AMERICAN ABATEMENT GROUP, INC., by j Date: "' ) I I (,,Oct 4 i i i I i it i i I li I' l i I i I I i I I, i i i I i i i I I I I I I I EXHIBIT A I 1 PO BOX 400_ NEW BLOOMFIELD, PA.17068 1 - 437 -2743 . LOCAL (717) 8 4 97 3 r FAX (717) 834 3382 E -MAIL ApGROUPiNC At?i. C(5 AaATFMEi1i'- bI;.#FAz- ARDOUS MATERIAL - - ASBESTOS - LEAD - MERCURY = PCB'S - IVIOLD & MILDEW Date: 2/7/2012 BATTLESTONE STEEL, LLC 645 5TH AVE. NEW YORK, NEW YORK, 10022 Attn: ABESHAH Phone: 212- 848 -0204 Fax: Proposal # Project: MASLAND CARPET BUILDING Removal and disposal of all asbestos from the Old Masland Building as per provided survey. We will glove bag piping into 20' lengths for Battlestone to cut and transport to containment. Assistance to be provided for boiler dismantlement. Interior pipe: $34,000.00. Exterior work: $42,000.00. Boiler room work: Do not exceed: $73,000.00. Power to be provide by others. All work is to be performed in accordance with current DER, EPA, OSHA, LI, and PENNDOT regulations and guidelines. All AAG, Inc. employees will possess either a PA license for asbestos or certificate for lead abatement. All materials will be disposed of according to present government regulations with copies of the manifests (where applicable) to be provided to the building owner. All work referenced above will be completed for the sum of Figures: Words: Respectfully Submitted l A for D alte Scott Peifer Vice- President ENVIRONMENTAL CLEANING SINCE 1979 I i I; i! i I I i i EXHIBIT B AMENDMENT TO AGREEMENT Know All Persons These Presents: WHEREAS, Battlestone Steel, LLC ( "Battlestone "), and American Abatement Group, Inc. ( "AAG "), entered into an agreement dated February 7, 2012, whereby AAG agreed to perform certain work on property commonly known as the IAC Building, 50 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013 ( "Subcontract "); and WHEREAS, AAG has filed a Mechanics' Lien Claim upon the property which is the subject of the Subcontract in the Court of Common Pleas of Cumberland County, Pennsylvania, at docket number 12- 5269 -MLD ( "Lien "); and WHEREAS, AAG has not completed its work under the Subcontract; and WHEREAS, Battlestone and AAG desire to resolve the Lien so as to permit (a) AAG to complete the work under the Subcontract and (b) the parties to avoid further costs and expenses in litigating the Lien. NOW THEREFORE, in consideration of the covenants set forth above, and other true and valuable consideration, the receipt of which is hereby acknowledge, Battlestone and AAG, intending to legally bind themselves, their successors and assigns, do hereby agree as follows: 1. On or before October 22, 2012, Battlestone shall pay AAG the sum of $10,000.00 which shall settle and resolve all claims asserted by AAG in the Lien; 2. AAG does hereby release, waive and discharge any and all claims AAG presently has against both the aforesaid property and the owner thereof, Carlisle Auto Industries, Inc., arising out of or relating to (a) the Lien and (b) the Pennsylvania Mechanics' Lien Law, 49 P.S. §1101 et seg.; 3. AAG shall cause the Lien to be released, satisfied and discharged by having executed on its behalf the Praecipe attached hereto as Exhibit "A" which executed document AAG shall cause to be filed on or before October 22, 2012; 4. On or after November 1, 2012, AAG shall recommence the work under the Subcontract and cause the work thereunder to be completed so as to permit Battlestone to complete Battlestone's work on the aforesaid property; provided that, and as conditioned precedent to AAG's obligation under this Paragraph 4, Battlestone has made the payment identified in Paragraph 5 of this Amendment; 1 5. On or before November 1, 2012, Battlestone shall pay to AAG the sum of $77,600.00; 6. This Amendment shall not alter, amend or modify any other terms of the Subcontract, and this Amendment shall not be modified unless by a writing signed by or on behalf of the parties hereto; 7. This Amendment shall be interpreted as though mutually drafted by the parties and their counsel; 8. The individuals executing this Amendment verify pursuant to 18 Pa.C.S.A. §4904 (relating to unsworn falsifications to authorities) that they are vested with full authority to execute this Amendment and have executed this Amendment as their free and voluntary act and deed after consultation with or the opportunity to consult with legal counsel of their choice; and 9. This Amendment shall be governed by the laws of the Commonwealth of Pennsylvania. Signed and sealed this J,4 L day of October, 2012. AMERICAN ABATEMENT GROUP, INC. By:_ po-j Scott Peifer Vice - President BATTLESTONE STEEL, LLC F B /bul OpeAbe " Shah rating Officer H BGDB:130627 -1 028227 - 157253 2 i I I I i I I i I i i I I I I EXHIBIT C III THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AMERICAN ABATEMENT GROUP, INC., � Claimant, vs. ) No. 12- 6269 -MLD a —� CARLISLE AUTO INDUSTRIES, Owner or Reputed Owner. BATTLESTONE STEEL, LLG, D ~' Petitioner. ) PRAECIPE TO SATISFY AND DISCHARGE MECHANICS' LIEN To: David D. Buell, Prothonotary: Please satisfy and discharge the mechanics' lien filed in the above - captioned matter and mark the docket accordingly. F E, ICAN ABATEMENT GROUP, INC. Scott Peifer V Vice- President P.O. Box 400 New Bloomfield, PA 17063 Phone: 717 -834 -9700 Fax: 717 -834 -3382 . CERTIFICATE OF SERVICE ARID NOW, this day of b er , 2012, I, Scott Peifer, Vice - President of American Abatement Group, Inc., hereby certify that I have this day served the foregoing Praecipe to Satisfy and Discharge Mechanics' Lien, by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at New Bloomfield, Pennsylvania, addressed as follows: Kenneth W. Lee, Esquire Christopher E. Fisher, Esquire Tucker Arensberg, P.C. 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Kurt E. Williams, Esquire Salzmann Hughes, P.C. 345 Alexander Spring Road Suite 1 Carlisle, PA 17015 Scott Peifer Vice- President Mark F.Bayley,Esquire }1't BAYLEY&MANGAN 17 West South Street 2013 APR 16 PP1 2. 4 Carlisle,PA 17013 241-2446 Attorney for D efendant CUMBERLAND COUNTY P E N f 4 S Y LVA N+A AMERICAN ABATEMENT GROUP, INC., : IN THE COURT OF COMMON S Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 13-1663 BATTLESTONE STEEL, LLC., Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Battlestone Steel, LLC. in the above captioned matter. Respectfully submitted, BAY EY & AN Mark F. Bayley, E3C uire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.# 87663 AMERICAN ABATEMENT GROUP, INC., : IN THE COURT OF COMMON S Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW VS. NO. 13-1663 BATTLESTONE STEEL, LLC., Defendant CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire,'do hereby certify that I this day served a copy of the foregoing document upon the following by First Class Mail on the below date: Samuel L. Andes, Esquire . P.O. Box 168 Lemoyne, PA 17043 Mark F. Bayley, Esquire SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson IR-ED-OP l e Sheriff OF T" PPMWQTU�P ( �art �,i C sr.ar#da W1, Jody S Smith ' 2013 � t Chief Deputy AM 1034 Richard W Stewart - '" CUMBERLAND COUNTY Solicitor �, .' rT} sS�.ER'F` PENNSYLVANIA American Abatement Group, Inc. Case Number vs. Battlestone Steel, LLC 2013-1663 SHERIFF'S RETURN OF SERVICE 04/04/2013 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint&Notice upon the within named defendant, Battlestone Steel, LLC, in the following manner: On April 04, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint&Notice to the defendant's last known address of 645 5th Avenue, New York, NY 10022. The certified mail was returned by,the LISPS marked"Refused". 04/04/2013 04:24 PM-Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Christopher Bulgin, Machine Operator,who accepted as"Adult Person in Charge"for Battlestone Steel, LLC at 50 Spring Road, Carlisle Borough, Carlisle, PA 17013. SHALL, DEPUTY SHERIFF COST: $57.43 SO ANSWERS, April 24, 2013 RONN R ANDERSON, SHERIFF {c}Countyake Shelia,Tele0S0'fr Inc. AMERICAN ABATEMENT : IN THE COURT OF COMMON PLEAS OF GROUP, INC. : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 13-1663 BATTLESTONE STEEL, LLC, Defendant NOTICE TO PLEAD c �x -L3 3 w •--° M TO: American Abatement Group, Inc. , wti 2 f^-- C/O Samuel L. Andes, Esquire .I�, , 525 North 12th Street -'Z-1 -rc> CD PO Box 168 m r-) Lemoyne, PA 17043 y`c N �! C n y You are hereby notified to file a written response to the enclosed Defenddht'sc-' G Answer and New Matter within twenty(20) days from service hereof or a judgment may be entered against you. BAYLEY & �� f Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 BAYLEY&MANGAN 17 West South Street Carlisle,PA 17013 (717)241-2446 Supreme Court I.D.#87663 AMERICAN ABATEMENT : IN THE COURT OF COMMON PLEAS OF GROUP, INC. : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 13-1663 BATTLESTONE STEEL, LLC, Defendant DEFENDANT'S ANSWER AND NEW MATTER AND NOW, comes Battlestone Steel, LLC,by and through its attorney, Mark F. Bayley, and submits the within answer to Plaintiff's Complaint filed March 28, 2013: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. By way of further answer the Defendant has not yet established precisely how much work was completed by the Plaintiff that was associated with actual hazardous materials as contemplated by the agreements. Strict proof is therefore demanded at trial. Additionally, the Plaintiff did not complete the removal of said hazardous materials. 6. Denied. By way of further answer see affirmative defense as set forth below. 7. Admitted in part and denied in part. It is admitted that the Plaintiff filed a Mechanics Lien. It is denied that said Mechanics Lien was filed due to any improper actions by the Defendant. 8. Admitted. By way of further answer said agreement is unenforceable; see affirmative defense set forth below. 9. Admitted in part and denied in part. It is admitted that the Plaintiff caused the Mechanics Lien to be satisfied and discharged. It is denied that the Plaintiff otherwise completed its duties as set forth in the agreement. It is denied that the agreement is enforceable; see affirmative defense set forth below. 10. Admitted. 11. Admitted in part and denied in part. It is admitted that the Defendant paid an additional sum of$8,000 to the Plaintiff on or about December 6, 2012. It is denied that the Defendant is lawfully obligated to provide more funds to Plaintiff. WHEREFORE, the Defendant requests that Plaintiff's claim be denied and/or,that the contracted sums payable be reasonably and equitably adjusted. NEW MATTER 1.-MUTUAL MISTAKE OF FACT 12. Previous averments are incorporated fully herein. 13. The payment amounts set forth in the original February 2012 agreement and"Amendment to Agreement" dated October 19, 2012 were based upon Plaintiff s assessment(s) of the volume of hazardous materials located on the site. 14. Plaintiff and Defendant both relied on said assessment(s) with regard to their price negotiations. 15. After October 19, 2012 the Defendant discovered that the Plaintiff's assessment(s)had vastly overstated the true volume of hazardous materials on the site. 16. After October 19, 2012 the Defendant discovered that the Plaintiff had, in fact,been unnecessarily removing substantial amounts of non-hazardous materials from the site. 17. The Defendant would never have agreed to the dollar amounts set forth in the February 2012 agreement and the"Amendment to Agreement" dated October 19, 2012 had there not been said mutual mistake of fact. 18. Defendant believes that Plaintiff,had it been acting in good faith,never would have estimated/quoted said dollar amounts had there not been said mutual mistake of fact. 19. The Plaintiffs erroneous assessment(s) of the volume of hazardous materials was/were a basic assumption on which the agreements were made. 20. The Plaintiff's erroneous assessment(s) of the volume of hazardous materials was/were a fundamental and material fact on which both parties relied and on which the agreements were made. 21. The Defendant did not in any way knowingly and voluntarily assume the risk in relation to Plaintiff's erroneous assessment(s). 22. Said mutual mistake of fact caused dispute between the parties which resulted in the Defendant having to contract with an alternative abatement company so that the relevant abatement work could be completed. 23. The Plaintiff never fully performed or completed the work that was bargained for. 24. Plaintiff now seeks a windfall based upon its own erroneous assessment(s) that both parties relied upon. WHEREFORE,,the Defendant requests that Plaintiff's claim be denied and/or that the contracted sums payable be reasonably and equitably adjusted. 2.—(IN THE ALTERNATIVE) FRAUD/BAD FAITH 25. Previous averments are incorporated fully herein. 26. In the alternative, the Defendant reserves the right to assert the affirmative defenses of fraud and bad faith in the event that it is determined through discovery and/or trial that Plaintiff's agents and/or employees intentionally and knowingly misstated the volume of hazardous materials on the site with the intent and purpose of defrauding the Defendant. WHEREFORE,the Defendant requests that Plaintiff's claim be denied and that the Defendant be awarded any and all expenses, fees, and costs deemed appropriate by the Court. Respectfully submitted, BAYLEY &M A f Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. 87663 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date rations Officer attlestone Steel, LLC AMERICAN ABATEMENT : IN THE COURT OF COMMON PLEAS OF GROUP, INC. : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 13-1663 BATTLESTONE STEEL, LLC, Defendant CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire do hereby certify that I this day served a copy of the forgoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Samuel L. Andes, Esquire 525 North 12th Street PO Box 168 Lemoyne, PA 17043 Mark F. Bayley, Esquire n L}E0—Of ICE 2013 JUN 25 AM 10: 07 CUMBERLAND COO ITY PENNSYLVANIA AMERICAN ABATEMENT GROUP, INC., ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW NO. 13-1663 BATTLESTONE STEEL, LLC., ) Defendant ) PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER COUNT 1 —MUTUAL MISTAKE OF FACT 12. No answer required. To the extent that an answer is appropriate, Plaintiff incorporates herein, by reference, the averments set out in its original Complaint. 13. Denied. Both parties performed their own assessments and analyses of the volume of hazardous materials located on the site and processed by Plaintiff in reaching the agreement which led to the amendment of their original agreement. 14. Denied. Each of the parties relied upon their own independent investigation, analysis, and assessment. 15. Denied. Plaintiff did not"vastly overstate" the true volume of hazardous materials on the site. To the contrary, Defendant had control of the site and more than sufficient opportunity to conduct its own assessment of the hazardous materials and did so. Defendant never complained to Plaintiff about any alleged "overstatement" of the volume of hazardous material on the site. 16. Denied. Defendant did not remove any material other than the material directed by Defendant and in accordance with the contract and agreement between the parties. 17. Denied. Defendant voluntarily entered into such agreement after having full and sufficient opportunity to assess the work done by Plaintiff, the material removed, and the cost of that work in accordance with the contract between the parties. Having such opportunity, Defendant voluntarily and knowingly entered into that agreement. 18. Denied. Plaintiff's calculation of the amount it was owed was accurate, prepared in good faith, and valid. There was no mistake on the part of Plaintiff and, in fact, there was no mutual mistake as to the volume of material involved. 19. Denied. Plaintiff did not make any erroneous assessment of the volume of materials. Defendant did not rely upon any such calculation and, in fact, negotiated the contract between the parties, and the amendment of the contract, based upon Defendant's own knowledge of the project and the work done by Plaintiff. 20. Denied. There was no erroneous assessment of the volume of materials by Plaintiff. There was no fundamental and material fact on which the parties relied that was not accurate. The parties entered into the agreement, and the subsequent amendment to the agreement, on the basis of their independent knowledge of the project and the work done by Plaintiff. 21. Denied. Defendant entered into the amendment of the original agreement between the parties based upon its own assessment of the work done by Plaintiff and the reasonable cost of that work. Defendant had more than sufficient opportunity to investigate Plaintiff's claim and agreed to amend the original contract only after having that opportunity. 22. Denied. There was no mutual mistake of fact between the parties. Defendant contracted with another company to complete the work because Defendant breached the contract between the parties by failing to pay Plaintiff as promised and hired another company to complete the work when Plaintiff would not proceed in light of Defendant's breach of the contract. 23. Denied. Plaintiff completed all of the work for which Defendant agreed to pay Plaintiff in the amendment to the original agreement. 24. Denied. Plaintiff did not make an erroneous assessment. The parties did not both rely upon any such erroneous assessment. Plaintiff does not seek a windfall. The parties entered into the amendment to the agreement with their eyes opened and aware of the facts. Plaintiff only seeks to enforce the amendment to the agreement. COUNT II— (IN THE ALTERNATIVE) FRAUD /BAD FAITH 25. The averments set forth in the foregoing paragraphs of this Reply are incorporated herein by reference. 26. Denied. Plaintiff and its agents and employees did not intentionally or knowingly misstate the volume of hazardous material on the site and did not make any such representation with the intention or purpose of defrauding Defendant. Moreover, Defendant must set forth its defense now and cannot seek to modify that defense later. WHEREFORE, Plaintiff prays this court to enter judgment in Plaintiff's favor in accordance with Plaintiff's original Complaint. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12°i Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S.4904(unsworn falsification to authorities). AMERICAN ABATEMENT GROUP,INC.,by Date:. 6,� 13 Csu SCOTT PEIFER PRAECIPE FOR LISTING CASE FOR NON JURY TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a TRIAL WITHOUT A JURY. ------------------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE )entire caption must be stated in fulll (check one) `bk-wil Action—Law ❑ Appeal from arbitration (other) (Plaintiff) No. 1 ` D Civil Term C� / Vs. -q w —f M cD ✓a fi r12s L SC �.I \ L ; �> c (Defendant) =r. CD V5. Indicate the attorney who will try case for the party who files this praecipe: Indicate trial counsel for other parties if known: n aAo< r gavf This case is ready for trial. Signe . nn �1 f + Print Name: Q eS (� Date: `110, T'(/�I J Attorney for: Dla l 011-fl- 0,7 V-4: �� DU 4Jii ii(01 �) U1:� AMERICAN ABATEMENT ' GROUP INC. E: Plaintiff IN THE COURT OF COMMON PLEAS v. OF THE NINTH JUDICIAL DISTRICT BATTLESTONE STEEL LLC, 2013-01663 CIVIL TERM Defendant IN RE: NON-JURY TRIAL SCHEDULING ORDER OF COURT AND NOW, this 7th day October 2013, the non-jury trial being assigned to this court, prior to setting an actual trial date the parties are DIRECTED to file a pretrial memorandum with the Court on or before 8 November 2013 in the following format: i. A concise statement of factual issues to be decided at trial. ii. A list of witnesses the party intends to call at trial along with a concise statement of their anticipated testimony. iii. A list of all exhibits each party anticipates presenting at trial. iv. A statement of any legal issues each party anticipates being raised at trial along with copies of any cases which may be relevant to resolution of the stated issue. v. An estimate of the anticipated time needed for the party to present its case. Upon receipt and review of these memorandums, the court will set a trial date for this case. BY - e Thomas - . Placey C.PJrr, , istribution: U7 r° ter. ,/ Samuel L. Andes, Esq. r> °(17) -l) - � sue- - — , ark F. Bayley, Esq. rri ;c7?/!3 AMERICAN ABATEMENT '>> I � ' 2Q GROUP INC., Plaintiff IN THE COURT OF COMMON PLEAS v. OF THE NINTH JUDICIAL DISTRICT BATTLESTONE STEEL LLC, 2013-01663 CIVIL TERM Defendant IN RE: NON-JURY TRIAL SCHEDULING ORDER OF COURT 1Deeember AND NOW, this 23rd day,Oeteber 2013, upon receipt and review of the pretrial memorandums from counsel, the Non-Jury Trial is scheduled for 26 February 2014 at 1:30 p.m. in Courtroom No. 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania BY THE CO RT, Thomas A. ' acey C.P.J. tribution: MS muel L. Andes, Esq. ark F. Bayley, Esq. I 1212. in cri T:? C ) C` t_ AMERICAN ABATEMENT GROUP, INC., Plaintiff vs. ) ) ) ) ) ) ) BATTLESTONE STEEL, LLC., ) Defendant ) OI i I1PR _3 art !n. 55 %L;�;�Er`iL�f {t� Dui ::. PENtlS YLVI- tti� f IN THE COU. RT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 13 -1663 PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter "settled and discontinued ", as to all claims raised by either party, with prejudice. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761 -5361 Mark F. Bayley Attorney for Defendant /6) Supreme Court ID # 17 West South Street Carlisle, PA 17013 (717) 241 -2446