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HomeMy WebLinkAbout13-3754 Supreme Court of Pennsylvania Court f Rni ' 6 Pleas �ti� For Prothonotary Use Only: VilrCovel�, Street C � Docket No: S/. Cumberland�C:`fi� County 'tr�� The information collected on this . 1brin is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by Icm or rules of court. Commencement of Action: S 9 Complaint 0 Writ of Summons El Petition [I Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T • MASTER SOLUTIONS, INC. EQUIPMENT TRANSPORT, LLC I ❑ Check here if you are a Self- Represented (Pro Se) Litigant 0 Name of Plaintiff /Appellant Attorney: George B. Faller, Jr., Esquire N Dollar Amount Requested: within arbitration limits Are money damages requested? : ❑X Yes El No (Check one) XX outside arbitration limits A Is this a Class Action Suit? ❑ Yes 0 No Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ® Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability (does not include ❑ Statutory Appeal: Other mass tort) ❑Employment Dispute: E Discrimination ❑ Slander/Libel/ Defamation ❑ C ❑Other: Employment Dispute: Other Judicial Appeals T ❑ MDJ - Landlord /Tenant I ❑ Other: ❑ MDJ - Money Judgment ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment B ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: 212010 Pa.R.C.P. 205.5 F:\FILES \Clients \8176 Master Solutions \8176.30 Equipment Transports \8176.30. complaint I.wpd Revised: 6/28/13 11:07AM F-1LE 1-0F FI THE PRO THONOTAF',' George B. Faller, Jr.,, Esquire 2013 JUN 28 PM 2: 2 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES CUMBERLAND COUNTY I.D. 49813 PENNSYLVANIA 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff MASTER SOLUTIONS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13 - :3 7 S - Y C�J CIVIL ACTION - LAW EQUIPMENT TRANSPORT, LLC, Defendant JURY TRIAL DEMANDED NOTICE 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249 -3166 George B. Faller, Jr.,, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff MASTER SOLUTIONS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. : CIVIL ACTION - LAW EQUIPMENT TRANSPORT, LLC, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Master Solutions, Inc., trading as Transmaster Trailers, by and through their attorneys, MARTSON LAW OFFICES, and hereby allege as follows: 1. Plaintiff Master Solutions, Inc., is a Pennsylvania Limited Liability Company doing business as Transmaster Trailers with a principal place of business at 20 Wolf Bridge Road, Carlisle, Pennsylvania 17013. 2. The Defendant Equipment Transport, LLC, is a Pennsylvania corporation with a place of business at 1 Tyler Court, Carlisle, Pennsylvania 17015. Quotation Number 120247M for Trailer 1 3. On or about October 12, 2012, Plaintiff provided Defendant with quotation 120247M for the production of two fifty ton four axle single drop extendible trailers for $89,500.00 each. (See Quotation 120247M and drawings hereby attached as Exhibit "A. ") 4. The Quotation was revised (Rev 1) on October 29, 2012, to add steerable axle upgrades at a cost of $4,988.00 for each trailer. (A copy of the Quotation 120247M - Rev 1, is hereby attached as Exhibit "B. ") 5. Quotation 120247M was revised to provide a schematic drawing of the trailers on October 29, 2012. (A copy of Quotation 120247M - Rev 2, is attached as Exhibit "C. ") 6. The Defendant agreed to purchase one of the two trailers offered in Quotation 120247M by issuance of Purchase Order 10809. (A copy of the e -mail confirming the agreement to purchase is hereby attached as Exhibit "D. ") .. r 7. Quotation 120247M was revised on January 10, 2013, to reflect the change in the quantity to one trailer and reflect Ray North's input for additional changes. ( A copy of Quotation 120247M -Rev3 is attached as Exhibit "E. ") Quotation Number 120263M for Trailer 2 8. On November 2, 2012, the Plaintiff provided the Defendant quotation 120263M for production of two forty ton three axle single drop extendible trailers with scissors neck for $99,960.00 each. (A copy of that Quotation is hereby attached as Exhibit "F. ") 9. The Defendant confirmed the desire to purchase one of the two trailers offered in Quotation 120263M by issuance of Purchase Order 10809. (A copy of the e -mail referencing the acceptance is hereby attached as Exhibit "D. ") 10. Quotation 120263M was then revised on January 10, 2013, to change the quantity from two trailers to one and add engineering changes requested by Defendant's employee, Ray North. (A copy of Quotation 120263M - Rev 1, is hereby attached as Exhibit "G. ") 11. After the Purchase Order was issued by Defendants on December 19, 2012, Plaintiff sent an e -mail to Defendant clarifying the terms of the purchase on December 20, 2012, (A copy of which is attached as Exhibit "H. ") 12. The final revisions to the purchase orders were confirmed January 10, 2013, which revisions occurred after a January 10, 2013, meeting between Plaintiffs, and Defendant's employees, Ray North and Jerred Turner at the office of Master Solutions. 13. An invoice for Trailer No. 1, was forwarded to the Defendant on March 26, 2013, Invoice No. 13 -0073 in the amount of $92,450.00. (A copy of which is attached as Exhibit "I. ") 14. An invoice for Trailer No. 2 was provided to the Defendants dated April 1, 2013. Invoice No. 13 -0075 in the amount of $99,960.00. (A copy of that invoice is hereby attached as Exhibit "J. ") 15. Plaintiffs have demanded payment for the two invoices in the amount of $192,410.00 in exchange for the delivery of the trailers and payment has not been made. 16. Plaintiff's were advised that the Defendant should not have ordered the trailers as they were not included in their capital budget. 17. Since Defendant has refused to make payment in exchange for delivery, Plaintiff, if possible, intends to sell the trailers in a commercially reasonable manner to mitigate its damages. a � 18. Since the trailers are designed to the Defendant's specifications for their unique applications, Plaintiff may not be able to sell the trailers for the contract price, and may have to further modify the trailers to locate a willing buyer. WHEREFORE, Plaintiff demands judgment against Defendant in an excess of $50,000.00, but not exceeding $192,410.00 plus pre and post judgment interest at 1.5% per month and docket costs. In the alternative, Plaintiff demands judgment in an amount in excess of $50,000.00 plus interest and costs. MARTSON LAW OFFICES By Q — Geo ge B. Faller, Jr., Esquire 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff Date: 6/28/13 f } EXHIBIT "A" HANSM r r� "MAILERS ERR Trailer Solutions to Move You Forward PO Box 4444 1 20 Wolfbridge Road 1 Carlisle PA 17013 1 P: 717- 243 -68431 F: 717.243 -8021 I www.transmastertrailers.com QUOTATION #120247M -Q DATE: October 12, 2012 RFQ No.: N/A MSI QUOTE NO: 120247M -Q ATTENTION: Mr. Kevin McCardle, Jr. Vice President of Operations Equipment Transport, LLC 417 Village Drive, Suite 1 Carlisle, PA 17015 Phone: (717) 254 — 6731 Fax: (717) 256 — 5836 Cell: (717) 496 — 1185 E -mail: k. mccardle (a)equipmenttransportllc.com SUBJECT: Quote for Qty. (2) 50 Ton 4 -Axle Single Drop Extendable Trailers. A. EQUIPMENT TYPES, QUANTITIES & BASE PRICING: Item $ Ea $ Total (2) w/ FET w/ FET 1. Qty. (2) 50 Ton 4 -Axle Single Drop Extendable Trailer (Reference Sales Drawing #120247M -SLD1) $89,500.00 $179,000.00 General: • OAL = 53' — 0" closed • OAL = 71' — 6" extended • OAW = 102" • Frame capacity • 100,000 #'s evenly distributed when closed • 80,000 #'s in 10' when closed • 100ksi steel main frame construction • Estimated weight +/ -3% = TBD Gooseneck: • Full width upper deck • OAL = 12'— 6" • Round pipe welded across the top front edge of the gooseneck for winch cable to run against (Pick -up throat) • Recessed roller between main beams at the rear top edge of the gooseneck. INAWSMASI www.mastersi.com www.transmastertrailers.com Revision: 0 Page 1 of 5 10/12/2012 )U SMR. C TITA IL_ ERE Trailer Solutions to Move You For PO Box 4444 / 20 Woftridge Road / Carlisle PA 17013 I P: 717. 243 -6849 F: 717 -243 -8021 / www.transmastertraiters.com QUOTATION #120247M -Q • 1.75" thick Apitong decking (flush) • 16" king pin setting • 50" fifth wheel height • 102" OAW • 110" swing clearance • 2 -speed landing gear Deck: • Extendable single drop • Air operated extension locking pins o Locking positions on 48" centers • Flexible air & electric carrier / cat track • 40' — 2" OAL closed • 58' — 8" OAL extended • 102" OAW • 35" loaded height • 11.88" ground clearance • Stake pockets on 24" centers where possible • 38" x 3.00" rub rail with pipe spools • 1.75" thick Apitong decking (flush) • Front and rear flag holders • Mounting brackets for wide load sign (sign not included) • 2 pair of air activated rollers recessed in lower deck 9' & 11' back from front of the lower deck. • Full width 8 -5/8" dia. tail roller Axles & Suspensions: • Qty. (4) straight axles 0 54.50" axle spacing 0 25,000# axle capacity 0 20K GAWR o Air lift on l' and 4th axles 0 77 ' /z" track o HP spindle with synthetic semi -fluid grease o Hub piloted drums 0 245/70R17.5 tires (Michelin XTA2) 0 6.50" x 17.5" steel rims o 12.25" x 7.50" air brakes o Spring brakes on two 2) axles j , & srE.q,. `al SOt 11WO SBKG 7CYsfE4ti R'3 www.mastersi.com www.transmastertrailers.com Revision: 0 Page 2 of 5 10/12/2012 A m rEs. TMAILEWS Trailer Solutions to Move You Forward PO Box 4444 120 Wolfbridge Road I Carlisle PA 170131 P: 797- 243 -6849 / F: 717- 243 -8021 1 www.transmastertrailers.com QUOTATION #120247M -Q o 4S2M ABS on axle 2 and 3 • Shock Straps • Hendrickson Tiremaax tire inflation system on all axles • Qty. (4) 25,000# air ride suspensions • Manual/ Automatic selector with manual ride height adjustment Electrical: • LED light package • Strobe lights mounted in tail channel with on/off switch • 7 pole electrical socket Paint: • All steel to be sand blasted prior to painting. • One crosslinked epoxy primer base coat • Carboline two component acrylic, aliphatic polyurethane topcoat • Color = Red Misc: • Conspicuity tape per DOT. B. COMMENTS, CLARIFICATIONS, AND EXCEPTIONS TO BH): • Pricing is based on current material pricing. Increases in material pricing may result in price changes. • All dimensions, capacities, and equipment weights to be verified with submittal drawings prior to production. • There is no installation or installation supervision included in this quotation. • There is no freight included in this quotation. C. WARRANTIES: • 1 year warranty on Master Solutions design and workmanship. Response to written notification is available 5 days per week. Commercial component warranties are passed through as is. D. SERVICE SUPPORT: • Service support is available 7 days a week with a 24 to 48 hour notice. ������ l��AfSAfASrF t , n 'rffAIf EMS got. UrfoNs INC. www.mastersi.com www.transmastertrailers.com Revision: 0 Page 3 of 5 90/92/2012 A " Trailer Solutions to Move You Forward PO Box 4444 120 Wolfbridge Road 1 Carlisle PA 17013 1 P: 717. 243 -68431 F: 717 -243 -8021 / www.transmastertrailers.com QUOTATION #120247M -Q E. DELIVERY: • Standard delivery is approximately 10 - 16 weeks from receipt of the purchase order & related deposits & pending the production schedule at the time of order receipt. F. TERMS AND CONDITIONS: Additional to those indicated in the above document. 1. PRICES ARE VALID FOR: 30 Days, prices are in US dollars. Prices are based on current material pricing. If a material price increase occurs, a material surcharge may be applied. 2. FREIGHT: FOB Carlisle, PA (Not Included) 3. TAXES: Pricing does not include import/ export duties, federal, state or local taxes. (See quote description for FET if applicable.) 4. PAYMENT TERMS: ENGINEERING AND EQUIPMENT: • 25% due with the purchase order & to initiate the delivery timeline. • Balance due upon completion of manufacturing, before shipment, and COO transfer. GENERAL: • Payments are due 10 days after the invoice date and final payment is due before shipment date. A late interest payment, to cover the cost of money, is due on overdue invoices at a rate of 1.5% per month. 5. BASE SYSTEM BUY -OFF: No buy -off procedure is planned for this project but units are available for inspection before shipment. 6. DELIVERIES: The agreed upon delivery schedule is subject to change pending work status at the time of final order placement and items under the terms stated herein. 7. PRICE CHANGES: Design changes, customer additions or subtractions, process or specification changes to our final bid submittal, standards list, sequence of ops, or this bid document, added system performance requirements, customer driven time delays or time compression may result in pricing changes. 8. PROJECT MANAGEMENT: During the engineering phase, delays in Masters Solutions /TransMaster Trailers receiving customer provided information, delays in submittal returns, or customer driven design changes may have an impact on overall project time or costs. If an impact is likely to occur, the customer will be notified within 5 days of the occurrence, as well as the details regarding said project impact. A follow - up scope change request will occur when the new change is defined. Approval by the customer's identified authority will be required prior to Masters Solutions proceeding with any change(s) involving cost. �= = _ www.mastersi.com www.transmastertrailers.com Revision: 0 Page 4 of 5 10/12/2012 c AAAr�,, 'ir`RA Frailer Solutions to glove You Forward PO Box 4444 1 20 Wolfbridge Road / Carlisle PA 170131 P: 717 - 243 -6849 I F: 717 -243 -8021 / www.transmastertrailers.com QUOTATION #I20247M -Q NOTE: In order for Masters Solutions to comply with its internal process, we respectfully request that, at issuance of a purchase order, the customer identify in writing their specific scope change order process. Masters Solutions also requests the customer identify in writing the authorized representative who has binding authority to obligate the "Buyer" for costs related to any scope changes. 9. BID RESTRICTIONS: This bid response is to be available to the requestor's company for internal evaluation purposes only. It is not for distribution, in any form or partial form, to other suppliers or competing suppliers without Master Solutions consent. THANK YOU for the opportunity to quote. Dave Lutz President Master Solutions, Inc. / TransMaster Trailers Phone: (717) 243 — 6849 Cell: (717) 385 — 7732 E -mail: dlutz(a mastersi.com SOL urlows me. TRAM C-95 www.mastersi.com www.transmastertrailers.com Revision: 0 Page 5 of 5 10/12/2012 47-8" 101.63 LL �— 9 2' DISTANCE TO POP -UP ROLLERS — PNEUMATIC DETAIL A ACTUATED SHOT 53' SCALE 1:32 PINS TO ENGAGE EXTBLE REAR STEERING OPTIONS AVAILABLE , ,, , ENDA UPON REQUEST 35.0 0 LOADED IN DECK GEMENT HEIGHT SL FEATURES: 71'-6' POWER TRAC 53' 6"' CLOSED I — 146" FOR HOSES /CABLES 71' -6 "' CAL EXTENDED 18' -6' STRETCH 263" 18' -6' OAW = 101.63" 219" 100,000# CAP. EVENLY DISTRIBUTED CLOSED a O ° ° ° 80,000# CAP. IN 10' WHEN CLOSED ° ° I OOKSI STEEL FRAME CONSTRUCTION O O O O (4) 25K CAPACITY AXLES 44.38 245/70R 17.5 TIRES 11.1" GROUND 9.9" GROUN ABS ON AXLES 2 & 3 CLEARANCE CLEARANCE DISTANCE BETWEEN AXLES I & 4 ARE LIFT AXLES ENGAGEMENT SLOTS LIFT AXLES TIREMAAX TIRE INFLATION SYSTEM (4) 25K AIR RIDE SUSPENSIONS 50 TON 4 -AXLE SINGLE DROP STRETCH TRAILER LASER& BRAKE TOLERANCES U.O.N. N y^. - rr+� JOB EQUIPMENT TRANSPORT, LLC j ALL LASER DIMS =TOL +/ -.03" r ���„ ALL BRAKE DIMS = TOL +/- .03 �t�� R NSJj1�'!`STER WORK ORDER N/A ALL RADII & CORNERS =.10" Ao (/T/ONS /MC. TR.A[3. L�RS ALL BEND ANGLES = 90° W/ INSIDE RADII = MFG - P.O. BOX 4444,20 WOLF BRIDGE RD TITLE N/A TO MATL THK n UalBShcwg CARLISLE, PA 17013 ALL BEND ANGLES = TOL + / -I° y fR, PHONE: 717-243-6849 FAX: 717-243-8021 TOTAL QUANTITY N/A EMAIL SYMMSQmastersixom FABRICATION TOLERANCES U.O.N. LTR DATE IBY REVISION QTY PER MACHINE N/A DIMENSIONAL= TOCLOSEST.06 "W /TOLOF +/ - .06" PROPRIETARY AND CONFIDENTIAL _ ANGULAR= + / - 1.00° DEST. N/A DRAWN BY S. KEITEL I THIS DRAWING ALONG WITH THE DESIGNS AND CONCEPTS DISPLAYED t— THEREIN ARETHE PROPERTY OF MASTER SOLUTIONS, INC AND SHALL BE PAGE 1 OF 2 DATE 10/10/2012 - MACHINING TOLERANCES U.O.N. RETURNED UPON REQUEST. DO NOT COPY THIS DRAWING OR SHARE DMNSIONAL = +/- 0.03 THE INFORMATION CONTAINED THEREIN WITHOUT THE WRITTEN DRAWING 120247M SLD1 ANGULAR = +1- 0.50 CONSENT OF MASTER SOLUTIONS, INC. I DIAMOND PLATE ON !, 8" SCH. 80 ROLLER EITHER SIDE OF WOOD ACROSS REAR AT REAR 1 -3/4" WOOD APITONG BOARD DECKING DETAIL C SCALE 1 : 16 ROUNDEDGE ATTOP CORNER ( POP-UP ROLLERS, REAR VIEW OF TRAILER I B EACH CH WITH 18K LIFTING CAPACITY FIXED ROUND ROLLER CAM AT FRONT SUPPORTS mf® DETAIL B SCALE 1:16 MANUAL /AUTO SELECTOR WITH MANUAL RIDE HEIGHT - STROBE LIGHTS ADJUSTMENT 7 LASER& BRAD TOLERANCES U.O.N. :0 r •�;.,' y JOB EQUIPMENT TRANSPORT, LLC ALL LASER DIMS S =TOL +/- . " � � ALL BRAKE DIMS= TOL +/ -.03 ,. ��N�J WORK ORDER N/A ALL B END &CORNERS =,10" iOLVrlaAfd lmr_ TM _ ALL BEND ANGLES = 90° W /INSIDE RADII = MFG - P.O. BOX 4444, 20 WOLF BRIDGE RD Tqd /L 6/75 N/A TO MATL TRI( TITLE ALL BEND ANGLES = TOL +/- to CARLISLE, PA 17013 r 57f? PHONE: 717- 243 -6849 FAX: 717-243-8021 TOTAL QUANTITY N/A EMAIL: systems®mastersi.com FABRICATION TOLERANCES U.O.N. LTR I DATE BY REVISION DIMENSIONAL= TOCLOSF.ST.06 "W /TOLOF +/_.06" PROPRIETARY AND CONFIDENTIAL QTY PER MACHINE N/A ANGULAR= +/- 1.00° THIS DRAWING ALONG WITH THE DESIGNS AND CONCEPTS DISPLAYED DES1 N/A DRAWN BY $. KEITEL THEREIN ARETHE PROPERTY OF MASTER SOLUTIONS, INC AND SHALL BE MACHINING TOLERANCES U.O.N. RETURNED UPON REQUEST. DO NOT COPY THIS DRAWING OR SHARE 2 DATE DLMENSIONAL = +/- 0.03 THE INFORMATION CONTAINED THEREIN WITHOUT THE WRITTEN PAGE 2 OF 10/10/2012 ANGULAR= +/- 0.50° CONSENT OF MASTER SOLUTIONS. INC. _ DRAWING 120247M -SLDI EXHIBIT "B" � L RAwmAsmR., TRA /L ERS Trailer Solutions to Move You Forward PO Box 4444 / 20 Wolfbridge Road / Carlisle PA 17013 I P: 717 - 243 -6849 / F: 717 - 243 -8021 I www.transmastertrallers.com QUOTATION #120247M - Rev 1 DATE: October 29, 2012 RFQ No.: N/A MSI QUOTE NO: 120247M - Rev 1 ATTENTION: Mr. Kevin McCardle, Jr. Vice President of Operations Equipment Transport, LLC 417 Village Drive, Suite 1 Carlisle, PA 17015 Phone: (717) 254 — 6731 Fax: (717) 256 — 5830 Cell: (717) 496 —1185 E -mail: k. mccardle aequipmenttransportllc.com SUBJECT: Quote for Qty. (2) 50 Ton 4 -Axle Single Drop Extendable Trailers. A. EQUIPMENT TYPES, QUANTITIES & BASE PRICING: Item $ Each $ Total (2) 1. Qty. (2) 50 Ton 4 -Axle Single Drop Extendable Trailer (Reference Sales Drawing #120247M -SLD1) $89,500.00 $179,000.00 General: Price Price • OAL = 53' — 0" closed Includes Includes • OAL = 71' — 6" extended FET FET • OA W = 102" • Frame capacity o 100,000 #'s evenly distributed when closed o 80,000 #'s in 10' when closed • 100ksi steel main frame construction • Estimated weight +/ -3% = TBD Gooseneck: • Full width upper deck • OAL = 12' — 6" • Round pipe welded across the top front edge of the gooseneck for winch cable to run against (Pick -up throat) �STER� (/ /1!AANSMASTEN SOL f/T /ONB /NC. Nk TRAILERS www.mastersir.com www.transmastertrailers.com Revision: 1 Page 1 of 6 6/6/2013 V J FSHASMR.. TRAILERS Trailer Solutions to Move You Forward PO Box 4444 / 20 Wolfbridge Road / Carlisle PA 17013 I P: 717 - 243 -6849 / F: 717- 243 -8021 / www.transmastertrailers.com QUOTATION #120247M - Rev 1 • Recessed roller between main beams at the rear top edge of the gooseneck. • 1.75" thick Apitong decking (flush) • 16" king pin setting • 50" fifth wheel height • 102" OA W • 110" swing clearance • 2 -speed landing gear Deck: • Extendable single drop • Air operated extension locking pins o Locking positions on 48" centers • Flexible air & electric carrier / cat track • 40' — 2" OAL closed • 58' — 8" OAL extended • 102" OA W • 35" loaded height • 11.88" ground clearance • Stake pockets on 24" centers where possible • .38" x 3.00" rub rail with pipe spools • 1.75" thick Apitong decking (flush) • Front and rear flag holders • Mounting brackets for wide load sign (sign not included) • 2 pair of air activated rollers recessed in lower deck 9' & 11' back from front of the lower deck. • Full width 8 -5/8" dia. tail roller Axles & Suspensions: • Qty. (4) straight axles o 54.50" axle spacing o 25,000# axle capacity o 20K GAWR o Air lift on I s' and 4` axles o 77 ' /s" track ff AV) &4 rIONS srm (1A�STEA U INC. TRAILERS www.mastersir.com www.transmastertrailers.com Revision: 1 Page 2 of 6 6/6/2013 R , M47RA MASTEA. /L ERS Trailer Solutions to Move You Forward PO Box 4444 1 20 Wolfbridge Road / Carlisle PA 17013 / P: 717 - 243 -6849 / F: 717 - 243 -8021 I www.transmastertrailers.com QUOTATION #120247M - Rev 1 o HP spindle with synthetic semi -fluid grease o Hub piloted drums 0 245/70R17.5 tires (Michelin XTA2) 0 6.50" x 17.5" steel rims 0 12.25" x 7.50" air brakes o Spring brakes on two (2) axles o 4S2M ABS on axle 2 and 3 • Shock Straps • Hendrickson Tiremaax tire inflation system on all axles • Qty. (4) 25,000# air ride suspensions • Manual/ Automatic selector with manual ride height adjustment Electrical: • LED light package • Strobe lights mounted in tail channel with on /off switch • 7 pole electrical socket Paint: • All steel to be sand blasted prior to painting. • One crosslinked epoxy primer base coat • Carboline two component acrylic, aliphatic polyurethane topcoat • Color = Red Misc: • Conspicuity tape per DOT. &SOR TEX `N USMASTER.. ONS INC. TAA /L El4S www.mastersir.com www.transmastertrailers.com Revision: 1 Page 3 of 6 6/6/2013 t A .- f � LNWA rsmwrzfl. MAILERS Trailer Solutions to Move You Forward PO Box 4444 1 20 Wolfbridge Road I Carlisle PA 17013 I P: 717 - 243 -6849 I F: 717 - 243 -8021 I www.transmastertrailers.com QUOTATION #120247M - Rev 1 Options: Number Option Description $ Each $ Total (2) 1 Steerable Axle Upgrade $ 4,988 $9,976 • Change the rear (4`") axle from a non - steerable axle to a steerable axle. Price Price o Note: all other axles will remain a Includes Includes standard straight "non- steer" type FET FET • The rear axle will be of a "self- caster" design and will not have hydraulic "force steer" capability. • The "lift axle" capability will remain a feature on the rear axle as well as on axle #1. • The rear axle will be pneumatically locked straight for use when backing up the trailer. �STER�, &MMASrER,. SOLOT /O/V8 /MC. TRAILERS www.mastersir.com www.transmastertrailers.com Revision: 1 Page 4 of 6 6/612013 (INANSMASMY. TRA IL L=RS Trailer Solutions to Move You Forward PO Box 4444 / 20 Wolfbridge Road / Carlisle PA 170131 P: 717 - 243 -6849 / F: 717 - 243 -8021 / www.transmastertrailers.com QUOTATION #120247M - Rev 1 B. COMMENTS, CLARIFICATIONS, AND EXCEPTIONS TO BID: • Pricing is based on current material pricing. Increases in material pricing may result in price changes. • There is no freight included in this quotation. • Master Solutions / TransMaster Trailers is not responsible for determining whether axle spacing, axle loading & trailer dimensions are legal for use in the states the end user intends to use TransMaster products. C. WARRANTIES: • 1 year warranty on Master Solutions design and workmanship. Response to written notification is available 5 days per week. Commercial component warranties are passed through as is. D. SERVICE SUPPORT: • Service support is available 7 days a week with a 24 to 48 hour notice. E. DELIVERY: • Standard delivery is approximately 12 - 16 weeks from receipt of the purchase order & related deposits. • Please check at order placement for current delivery lead -time. Quoted delivery timelines are subject to change pending production schedule at receipt of the purchase order & related deposits. F. PRICES ARE VALID FOR: 30 days. Prices are in US dollars. Prices are based on current material pricing. If a material price increase occurs, a material surcharge may be applied. G. FREIGHT: FOB Carlisle, PA (Not Included) H. TAXES: Pricing does not include import/ export duties, federal, state or local taxes. (see quote description for FET if applicable) I. PAYMENT TERMS: • 25% due with the purchase order & to initiate the delivery timeline. • Balance due upon completion of manufacturing, before shipment, and COO transfer • Payments are due 10 days after the invoice date and final payment is due before shipment date. A late interest payment, to cover the cost of money, is due on overdue invoices at a rate of 1.5% per month. * Lom �L -ERS TRA /L ERS www.mastersir.com www.transmastertrailers.com Revision: 1 Page 5 of 6 6/6!2013 er�r�r (I )YANsmAnEw. TRA /L ERS Tr Solutions to Move You Forwar PO Box 4444 / 20 Wolfbridge Road / Carlisle PA 17013 / P: 717 - 243 -6849 / F: 717 - 243 -8021 / www.transmastertrallers.com QUOTATION #1.20247M - Rev 1 J. BASE SYSTEM BUY -OFF: No buy -off procedure is planned for this project but units are available for inspection before shipment. K. PRICE CHANGES: Design changes, customer additions or subtractions, process or specification changes to our final bid submittal, standards list, sequence of ops, or this bid document, added system performance requirements, customer driven time delays or time compression may- result in pricing changes. L. PROJECT MANAGEMENT: During the engineering phase, delays in Masters Solutions /TransMaster Trailers receiving customer provided information, delays in submittal returns, or customer driven design changes may have an impact on overall project time or costs. If an impact is likely to occur, the customer will be notified within 5 days of the occurrence, as well as the details regarding said project impact. A follow -up scope change request will occur when the new change is defined. Approval by the customer's identified authority will be required prior to Masters Solutions /TransMaster Trailers proceeding with any change(s) involving cost. NOTE: In order for Masters Solutions /TransMaster Trailers to comply with its internal process, we respectfully request that, at issuance of a purchase order, the customer identify in writing their specific scope change order process. Masters Solutions /TransMaster Trailers also requests the customer identify in writing the authorized representative who has binding authority to obligate the "Buyer" for costs related to any scope changes. M. BID RESTRICTIONS: This bid response is to be available to the requestor's company for internal evaluation purposes only. It is not for distribution, in any form or partial form, to other suppliers or competing suppliers without Master Solutions /TransMaster Trailers consent. THANK YOU for the opportunity to quote. Dave Lutz President Master Solutions, Inc. / TransMaster Trailers Phone: (717) 243 — 6849 Cell: (717) 385 — 7732 E -mail: dlutz(&mastersi.com �STEBri AA A `/ NSMASIE SOIUTlONS /NC. TRAM ERS www.mastersir.com www.transmastertrailers.com Revision: 1 Page 6 of 6 6/6/2013 EXHIBIT "C" MR., TRAIL ERS Trailer Solutions to Move You Forward PO Box 4444 120 Wolfbridge Road / Carlisle PA 17013 I P: 717 - 243 -6849 1 F: 717 -243 -6021 I www.transmastertrailers.com QUOTATION #120247M - Rev 2 BATE: October 29, 2012 RFQ No.: N/A MSI QUOTE NO: 120247M - Rev 2 ATTENTION: Mr. Kevin McCardle, Jr. Vice President of Operations Equipment Transport, LLC 417 Village Drive, Suite 1 Carlisle, PA 17015 Phone: (717) 254 — 6731 Fax: (717) 256 — 5830 Cell: (717) 496 — 1185 E -mail: k. mccardle Acquipmenttran sport] lc.com SUBJECT: Quote for Qty. (2) 50 Ton 4 -Axle Single Drop Extendable Trailers. 53' _— STEERING OPTIONS AVAILABLE UPON REQUEST 35.00 A. EQUIPMENT TYPES, QUANTITIES & BASE PRICING: Item $ Each $ Total (2) 1. Qty. (2) 50 Ton 4 -Axle Single Drop Extendable Trailer (Reference Sales Drawing #120247M -SLD1) $89,500.00 $179,000.00 General: Price Price • OAL = 53' — 0" closed Includes Includes • OAL = 71' — 6" extended FET FET • OAW = 102" • Frame capacity o 100,000 #'s evenly distributed when closed o 80,000 #'s in 10' when closed • 100ksi steel main frame construction • Estimated weight +/ -3% = TBD Sol urloffs Me. www.mastersir.com www.transmastertrailers.com Revision: 2 Page 1 of 6 11/19/2012 RAM STEEL,., TRA IL IF Trailer Solutions to Moire You Forward - rF.�ra= _'r^*�_ ^� ��-s - w:1- „!�:-� - : �. T-a.n+- • •- '— .: +. . -. -._.s_ _.. - s _ ,-5 s._.- ..�__.. .. .._ ._ - - - -. -- --. z_.. :.. PO Box 4444 / 20 Wolfbridge Road ! Carlisle PA 170131 P: 717 - 243 -6849 / F: 717 -243 -8021 / www.transmastertrailers.com QUOTATION #I20247M - Rev 2 Gooseneck: • Full width upper deck • OAL = 12'— 6” • Round pipe welded across the top front edge of the gooseneck for winch cable to run against (Pick -up throat) F-90'.-W • Recessed r r between main beams at the rear top edge of the gooseneck. • 1.75" thick Apitong decking (flush) • 16" king pin setting • 50" fifth wheel height • 102" OAW • 110" swing clearance • 2 -speed landing gear Deck: • Extendable single drop • Air operated extension locking pins o Locking positions on 48" centers • Flexible air & electric carrier / cat track • 40'— 2" OAL closed • 58' — 8" OAL extended • 102" OAW • 35" loaded height • 11.88" ground clearance • Stake pockets on 24" centers where possible • 38" x 3.00" rub rail with pipe spools • 1.75" thick Apitong decking (flush) • Front and rear flag holders • Mounting brackets for wide load sign (sign not included) • 2 pair of air activated rollers recessed in lower deck 9' & 11' back from front of the lower deck. • Full width 8 -5/8" dia. tail roller MASTER. h?AAVSAffASrFR. Sof ur/®!e s INC. www.mastersir.com www.transmastertrailers.com Revision: 2 Page 2 of 6 11/19/2012 lop ` RA IL � .: R Trailer Solutions to Move You Forward PO Box 4444 / 20 Wolfbridge Road / Carlisle PA 17013 / P: 717- 243 -6845 / F: 717 -243 -8021 ! www.transmastertrailers.com QUOTATION #I20247M - Rev 2 Axles & Suspensions: • Qty. (4) straight axles o 54.50" axle spacing o 25,000# axle capacity o 20K GAWR o Air lift on 1" and 4 axles o 77 %2 track o HP spindle with synthetic semi -fluid grease o Hub piloted drums o 245/70R17.5 tires (Michelin XTA2) o 6.50" x 17.5" steel rims o 12.25" x 7.50" air brakes o Spring brakes on two (2) axles o 4S2M ABS on axle 2 and 3 o Shock Straps o Hendrickson Tiremaax tire inflation system on all axles • Qty. (4) 25,000# air ride suspensions • Manual/ Automatic selector with manual ride height adjustment Electrical: • LED light package • Strobe lights mounted in tail channel with on/off switch • 7 pole electrical socket Paint: • All steel to be sand blasted prior to painting. • One crosslinked epoxy primer base coat • Carboline two component acrylic, aliphatic polyurethane topcoat • Color = Red Misc: • Conspicuity tape per DOT. MA'SME. `fUSMASrEW.... ScLurialys MCI www.mastersir.com www.transmastertrailers.com Revision: 2 Page 3 of 6 11/13/2012 7 AI L 10 Trailer Solutions to Move You Forward PO Box 4444 / 20 Wolfbridge Road / Carlisle PA 17013 / P: 717 - 243 -6843 / F: 717 -243 -8021 / www.transrnastertrailers.com QUOTATION #I20247M - Rev 2 Options: Number Option Description $ Each $ Total (2 1 Steerable Axle Upgrade $ 4,988 $9,976 • Change the rear (4 axle from a non - steerable axle to a steerable axle. Price Price o Note: all other axles will remain a Includes Includes standard straight "non- steer" type FET FET • The rear axle will be of a "self- caster" design and will not have hydraulic "force steer" capability. • The "lift axle" capability will remain a feature on the rear axle as well as on axle #1. • The rear axle will be pneumatically locked straight for use when backing up the trailer. MASTEN. INAVSHAS .. soturtoms We. TWA re i p. www.mastersir.com www.transmastertrailers.com Revision: 2 Page 4 of 6 11/1312012 .1RAMMAS MY, Trailer Solutions to Move You Forward Po Box 4444 / 20 Wolfbridge Road ! Carlisle PA 17013 / P: 717 - 243 -68491 F: 717- 243 -8021 / www.transmastertrailers.com QUOTATION #120247M - Rev 2 B. COMMENTS, CLARIFICATIONS, AND EXCEPTIONS TO BID: • Pricing is based on current material pricing. Increases in material pricing may result in price changes. • There is no freight included in this quotation. • Master Solutions / TransMaster Trailers is not responsible for determining whether axle spacing, axle loading & trailer dimensions are legal for use in the states the end user intends to use TransMaster products. C. WARRANTIES: • 1 year warranty on Master Solutions design and workmanship. Response to written notification is available 5 days per week. Commercial component warranties are passed through as is. D. SERVICE SUPPORT: • Service support is available 7 days a week with a 24 to 48 hour notice. E. DELIVERY: • Standard delivery is approximately 12 - 16 weeks from receipt of the purchase order & related deposits. • Please check at order placement for current delivery lead -time. Quoted delivery timelines are subject to change pending production schedule at receipt of the purchase order & related deposits. F. PRICES ARE VALID FOR: 30 days. Prices are in US dollars. Prices are based on current material pricing. If a material price increase occurs, a material surcharge may be applied. G. FREIGHT: FOB Carlisle, PA (Not Included) H. TAXES: Pricing does not include import/ export duties, federal, state or local taxes. (see quote description for FET if applicable) I. PAYMENT TERMS: • 25% due with the purchase order & to initiate the delivery timeline. • Balance due upon completion of manufacturing, before shipment, and COO transfer • Payments are due 10 days after the invoice date and final payment is due before shipment date. A late interest payment, to cover the cost of money, is due on overdue invoices at a rate of 1.5% per month. MASTER )WAMSMASEEN, SOLUrIONS rive. I.— TWA /L li - P, 11 www.mastersir.com www.transmastertrailers.com Revision: 2 Page 5 of 6 11/19/2012 1 A-Z f Z -T r "P Trailer Solutions to Move You Forward PQ Box 4444 / 20 Wolfbridge Road / Carlisle PA 17013 / P: 717 - 243 -6849 I F: 717 -243 -8021 / www.transmastertrailers.com QUOTATION #120247M - Bev 2 J. BASE SYSTEM BUY -OFF: No buy -off procedure is planned for this project but units are available for inspection before shipment. K. PRICE CHANGES: Design changes, customer additions or subtractions, process or specification changes to our final bid submittal, standards list, sequence of ops, or this bid document, added system performance requirements, customer driven time delays or time compression may result in pricing changes. L. PROJECT MANAGEMENT: During the engineering phase, delays in Masters Solutions /TransMaster Trailers receiving customer provided information, delays in submittal returns, or customer driven design changes may have an impact on overall project time or costs. If an impact is likely to occur, the customer will be notified within 5 days of the occurrence, as well as the details regarding said project impact. A follow -up scope change request will occur when the new change is defined. Approval by the customer's identified authority will be required prior to Masters Solutions /TransMaster Trailers proceeding with any change(s) involving cost. NOTE: In order for Masters Solutions /TransMaster Trailers to comply with its internal process, we respectfully request that, at issuance of a purchase order, the customer identify in writing their specific scope change order process. Masters Solutions /TransMaster Trailers also requests the customer identify in writing the authorized representative who has binding authority to obligate the "Buyer" for costs related to any scope changes. M. BID RESTRICTIONS: This bid response is to be available to the requestor's company for internal evaluation purposes only. It is not for distribution, in any form or partial form, to other suppliers or competing suppliers without Master Solutions /TransMaster Trailers consent. ''HANK YOU for the opportunity to quote. Dave Lutz President Master Solutions, Inc. / TransMaster Trailers Phone: (717) 243 — 6849 Cell: (717) 385 — 7732 E -mail: dlutz@mastersi.com SQELFr'B6k'Ss FltiC. � 7 "�� f'l E'.'f www.mastersir.com www.transmastertrailers.com Revision: 2 Page 6 of 6 11/19/2012 47'-8" 101.63 9' 2' DISTANCE TO POP -UP ROLLERS PNEUMATIC DETAIL A ACTUATED SHOT 53' SCALE 1 :32 PINS TO ENGAGE EXTENDABLE REAR STEERING OPTIONS AVAILABLE o I UPON REQUEST -- -- 110" O ® O O 35.00 LOADED SHOT PIN - -� DECK ENGAGEMENT HEIGHT SLOT — j FEATURES: 71' -6" POWER TRAC 53 OAL CLOSED " 146" FOR HOSEWCABLES 71' -6"' CAL EXTENDED 18' -6" STRETCH 263" CAW = 101.63" 18' -6" 219„ 100,000# CAP. EVENLY DISTRIBUTED CLOSED 80,000# CAP. IN 10' WHEN CLOSED 0 ° 0 0 0 0 10OKSI STEEL FRAME CONSTRUCTION (4) 25K CAPACITY AXLES 44.38 O O O ' 245/70R 17.5 TIRES 11.1" GROUND 9.9" GROUN ABS ON AXLES 2 & 3 CLEARANCE. CLEARANCE DISTANCE BETWEEN AXLES 1 & 4 ARE LIFT AXLES ENGAGEMENT SLOTS LIFT AXLES — TIREMAAX TIRE INFLATION SYSTEM (4) 25K AIR RIDE SUSPENSIONS 50 TON 4 -AXLE SINGLE DROP STRETCH TRAILER ALL LASER DDIMS�=TOL +1 o3ES u.o.N. a��r�� JOB EQUIPMENT TRANSPORT, LLC ALL BRAKE DIMS = TOL +/ -.03 r �TE�,■ A H,�7I11�SrEq,M WORK ORDER N/A ALL RADII & CORNERS =.10" & O-LurfaNz INC. BEND ANGLES = 90° W/ INSIDE RADII = MFG - P.O. BOX 4444, 20 WOLF BRIDGE RD 717,81 /t6R5 TITLE N/A TO MATL TffiC 7kirder tlwlamoo CARLISLE, PA 17013 ALL BEND ANGLES= TOL + / -I° Y i — „�IVrER PHONE: 717 FAX: 717-243-8021 TOTAL QUANTITY N/A EMAIL: systems (Mmastersi.com FABRICIONAL"TOCLOSESU.O.N. LTR DATE BY REVISION QTY PER MACHINE N/A DIMENSIONAL= TOCI.OSEST.06 "W /TOLOF +/ -.06" PROPRIETARY AND CONFIDENTIAL _ ANGULAR = +/- 1.00° - THISDRAWINGALONGWITHTHEDESIGNSANDCONCEPTSDISPLAYED DEST. N/A DRAWN BY S.KEITEL THEREIN OF MASTER SOLUTIONS, INC AND SHALL MACHINING TOLERANCES U.O.N. UPON P ROPERTY DO NOT COPY THIS DRAWING OR SHARE PAGE I I OF 2 DATE 1 10/1 0/201 2 DIMENSIONAi = +1- 0.03 THE INFORMATION CONTAINED THEREIN WITHOUT THE WRITTEN IANGULAR = + / +/ -0.50° CONSENT OF MASTER SOLUTIONS, INC. DRAWING 120 -S DIAMOND PLATE ON 8" SCH. 80 ROLLER EITHER SIDE OF WOOD ACROSS REAR AT REAR 1 -3/4" WOOD APITONG F /� BOARD DECKING DETAIL C SCALE 1 : 16 ROUND EDGE ATTOP CORNER � 4) POP -UP ROLLERS, REAR VIEW OF TRAILER ACH WITH 18K LIFTING CAPACITY FIXED ROUND ROLLER CAM i AT FRONT SUPPORTS DETAIL B SCALE 1 : 16 MANUAL /AUTO SELECTOR WITH MANUAL RIDE HEIGHT STROBE LIGHTS ADJUSTMENT LASER& BRAKE TOLERANCES U.O. N. �� JOB ALL LASER DI EQUIPMENT TRANSPORT, LLC DIMS = TOL + + /_0 { STEA>� ALL BRAKE DIMS =TS -.1003 R NSII'/Q TEA WORK ORDER N/A ALL RADII &CORNERS - .10" IOLYT10N8 INC. n� ALL BEND ANGLES - 90° W/ INSIDE RADII = TO MAIL THK MFG - P.O. BOX 4444,20 WOLF BRIDGE RD TRA /LER.'.Ni TITLE N/A ALL BEND ANGLES = TOL +/- i° ry+lm r U CARLISLE, PA 17013 w' 9TfA. PHONE: 717- 243 -6849 FAX: 717- 243 - 8021 TOTAL QUANTITY N/A DIMENSIONAL EMAIL: systemsomastersi.com IONAL=TOCLO DIMENSIONAL =TO CLOSEST .O6 "W /TOLOP +/ -.06" PROPRIETARY AND CONFIDENTIAL LTR DATE BY REVISION QTY PER MACHINE N/A ANGULAR = +/- 1.00° THIS DRAWING ALONG WITH THE DESIGNS AND CONCEPTS DISPLAYED DEST. N/A DRAWN BY t S. KEITEL THEREIN ARETHE PROPERTY OF MASTER SOLUTIONS, INC AND SHALL BE MACHINING TOLERANCES U.O.N. RETURNED UPON REQUEST, DO NOT COPY THIS DRAWING OR SHARE PAGEI 2 OF 2 DATE 10/ 1 0/2012 DIMENSIONAL = +/- 0.03 THE INFORMATION CONTAINED THEREIN WITHOUT THE WRITTEN ANGULAR= +/ -0.50° CONSENT OF MASTER SOUR IONS, INC. DRAWING 120247M EXHIBIT "D" Is this still accurate ? Ray north' Equipment Transport LLC On Dec 19, 2012, at 5:05 PNI, "Dave Lutz" < dlutz @mastersi.com wrote: Thanks -Got it; we will get it into the schedule and get moving. We will need to have a discussion making sure we have all the details correct for you. sutce� 1 Dave za Ph.717 -243 -6849 dluft(W-mastersixom <image001.jpg> From: Ray North [ ma ilto:r . north @equipmenttransportllc.com Sent: Wednesday, December 19, 2012 4:59 PM To: 'Dave Lutz' Cc: ccarterC5)mastersi.coiit 'Chuck Poleto'; 'Randy Marshall'; 'Kevin McCardle' Subject: RE: 120264 / 120267 (Pole Truck & Flop Deck - Lights) 1 � ­ l Po0809 - From: Dave Lutz jmailto:dlutz @mastersi.com1 Sent: Wednesday, December 19, 2012 3:51 PM To: 'Ray North' Cc: ccarter@mastersi.com Chuck Poleto; Randy Marshall; Kevin McCardle Subject: RE: 120264 / 120267 (Pole Truck & Flop Deck - Lights) You the man ... thanks we will get right on it. susc�zee�y, D ane Ph.71 7- 243 -6849 dlutt[a- rnastersi.eorn <image001.jpg> From: Ray North [ mailto: r . north @equipmenttransportlic.com Sent: Wednesday, December 19, 2012 3:46 PM To: 'Dave Lutz' Subject: RE: 120264 / 120267 (Pole Truck & Flop Deck - Lights) 3 Single drop with the deck height as low as possible and yes please plan for this. I will try to get Po yet today. From: Dave Lutz jmailto:dlutz@mastersi.com] Sent: Wednesday, December 19, 2012 3:36 PM To: 'Ray North' Cc: ccarter(Z)mastersi.com Kevin McCardle Subject: RE: 120264 / 120267 (Pole Truck & Flop Deck - Lights) Thanks for the response. In the meantime, I did call Kevin, but did not get through. Left a message on his mobile phone. Should we officially plan for this in tomorrow's production planning meeting? We will need a follow up P0. Is the three axle stretch with scissors a low boy or a single drop? Suy�, Dace zoq Ph.717- 243 -6849 dlutzAmastersixom <image001.jpg> From: Ray North [ mailto :r.north@gquipmenttransportllc com Sent: Wednesday, December 19, 2012 3:23 PM To: 'Dave Lutz' Cc: ccarterC)mastersi.com 'Kevin McCardle' Subject: RE: 120264 / 120267 (Pole Truck & Flop Deck - Lights) I will have to go back and look for sure but I need 1– 3 axle stretch with scissor neck non steerable axles and 1 -4 axle stretch also non steerable at this time. I will get with Kevin on this ASAP. From: Dave Lutz [mailto:dlutz@mastersi.com] — Sent: Wednesday, December 19, 2012 3:09 PM To: 'Ray North' Cc: ccarter(aOmastersi.com Kevin McCardle Subject: RE: 120264 / 120267 (Pole Truck & Flop Deck - Lights) Ray, I am picking this up from Cliff at the moment. We are very pleased to hear that you are ordering two trailers. We do not have a PO as of yet. If your email on Dec 7 is the formal notification we missed it as a formal PO. I called Kevin the next week and have not heard anything from him. So bottom line, we are ready to jump on this; we just need a formal PO notification to go get started. We also confirmation of what you want to order,( i.e. such as referencing our quotations 120247M Rev 2 and 120263M and any adjustment you would like to make). 4 EXHIBIT "E" "7 EMS Trailer Solutions to !Move You Forward PO Box 4444 / 20 Wolfbridge Roast / Carlisle PA 17013 1 P: 717 - 243 -6843 / F: 717-243-8021 www.transmastertrailers.com QUOTATION #120247M - Rev 3 DATE: = ' Jan 10, 2013 (Date revised to reflect date of Ray's input for current requirements) RFQ No.: N/A MSI QUOTE NO: 120247M - Rev 3 ATTENTION: Mr. Kevin McCardle, Jr. Vice President of Operations Equipment Transport, LLC 417 Village Drive, Suite 1 Carlisle, PA 17015 Phone: (717) 254 — 6731 Fax: (717) 256 — 5830 Cell: (717) 496 — 1185 E -mail: k. mccardle 6a,)equipmenttransportllc.com SUBJECT: Quote for Qty. (2) 50 Ton 4 -Axle Single Drop Extendable Trailers. Rev 3: Changed quantity from two to one and updated to Dec 20, 2012 pricing; removed the steerable axle option; changed items according to Ray's 1/10/13 input. [52'11.48 "] 635.48 [ 3911. 14" ] 479.14 60.00 TYP. 22.77 1 10.00 -1 ® 35.00 [ 38'6.3a' ] 462.30 [41'0.29 "] TO CENTER OF 492.29 AXLE GROUP A. EQUIPMENT TYPES, QUANTITIES & BASE PRICING: Item $ Each $ Total (1) 1. Qty. (2) 50 Ton 4 -Axle Single Drop Extendable Trailer (Reference Sales Drawing #120247M -SLD1) $92,450.00 $92,450.00 General: Price Price OAL = 53' — 0" closed Includes Includes OAL = 70' — 1" extended FET FET OAW = 102" A WS ER. R SMASTER socurioka We. 7RAILERS www.mastersir.com www.transmastertrailers.com Revision: 3' Page 1 of 5 1/10/13 %7SAr. TRAILERS Trailer Solutions to Move You Forward PO Box 4444 120 Wolflbridge Road / Carlisle PA 17013 / P: 717 - 243 -6849 / l=: 717 - 243.8021 ! www.transmastertrailers.com QUOTATION #120247M - Rev 3 • Frame capacity 0 100,000 #'s evenly distributed when closed o 80,000 #'s in 10' when closed • 100ksi steel main frame construction • Estimated weight +/ - 3% = TBD Gooseneck: • Narrow Neck • OAL = 13' — 0" • Round pipe welded across the top front edge of the gooseneck for winch cable to run against (Pick -up throat) • Recessed roller between main beams at the rear top edge of the gooseneck. • 22" king pin setting • 50" fifth wheel height • 102" OA W • 110" swing clearance • 2 -speed landing • Added cable hook anchor points (two) and roller Deck: • Extendable single drop • Air operated extension locking pins o Locking positions on approx.. 46" centers • Flexible air & electric carrier / cat track • 39' — 11" OAL closed • 57' — 1" OAL extended • 102" OAW • 35" loaded height • 11.88" ground clearance • Stake pockets on 24" centers where possible • .38" x 3.00" rub rail with pipe spools • 1.75" thick Oak decking (flush) • Front and rear flag holders • Mounting brackets for wide load sign (sign not included) ASM9. V �/ ,rlydS�I�� �t 'TRAILERS www.mastersir.com www.transmastertrailers.com Revision: 3' Page 2 of 5 1/10/13 (ff� 7RA /L EMS Frailer Solutions t M ove ove You Forwar PO Box 4444 / 20 Wolfbridge Road / Carlisle PA 17093 / P: 717- 243 -6845 ! F: 717-243-80211 www.transmastertrailers.com QUOTATION #I20247M - Rev 3 • 2 pair of air activated rollers recessed in lower deck • Full width 8 -5/8" dia. tail roller Axles & Suspensions: • Qty. (4) straight axles o 60" axle spacing o 25,000# axle capacity o 20K GAWR o Air lift on 1 and 4th axles o 77 1 /2 " track o HP spindle with synthetic semi -fluid grease o Hub piloted drums o 245/70R17.5 tires (Michelin XTA2) o 6.50" x 17.5" steel rims o 12.25" x 7.50" air brakes o Spring brakes on two (2) axles o 4S2M ABS on axle 2 and 3 o Shock Straps o Hendrickson Tiremaax tire inflation system on all axles • Qty. (4) 25,000# air ride suspensions • Manual/ Automatic selector with manual ride height adjustment Electrical: • LED light package • Strobe lights mounted in tail channel with on/off switch • 7 pole electrical socket Paint: • All steel to be sand blasted prior to painting. • One cross - linked epoxy primer base coat • Carboline two component acrylic, aliphatic polyurethane topcoat • Color = Red Tmsc: !M SM. N Hs wSrEy SCLVrIONS INC. asFa iL EF1'ffi www.mastersir.com www.transmastertrailers.com Revision: 3' Page 3 of 5 1/10/13 MR. 7PAILERS Trailer Solutions to Move Yo Forwa PCB Box 4444 / 20 Wolfbridge Road / Carlisle PA 17013 / P: 717 - 243 -6849 I F: 717 - 243 -8021 / www.transmastertrailers.com (QUOTATION #120247M - Rev 3 • Conspicuity tape per DOT. B. COMMENTS, CLARIFICATIONS, AND EXCEPTIONS TO BID: • Pricing is based on current material pricing. Increases in material pricing may result in price changes. • There is no freight included in this quotation. • Master Solutions / TransMaster Trailers is not responsible for determining whether axle spacing, axle loading & trailer dimensions are legal for use in the states the end user intends to use TransMaster products. C. WARRANTIES: • 1 year warranty on Master Solutions design and workmanship. Response to written notification is available 5 days per week. Commercial component warranties are passed through as is. D. SERVICE SUPPORT: • Service support is available 7 days a week with a 24 to 48 hour notice. E. DELIVERY: • Standard delivery is approximately 12 - 16 weeks from receipt of the purchase order & related deposits. • Please check at order placement for current delivery lead -time. Quoted delivery timelines are subject to change pending production schedule at receipt of the purchase order & related deposits. F. PRICES ARE VALID FOR: 30 days. Prices are in US dollars. Prices are based on current material pricing. If a material price increase occurs, a material surcharge may be applied. G. FREIGHT: FOB Carlisle, PA (Not Included) H. TAXES: Pricing does not include import/ export duties, federal, state or local taxes. (see quote description for FET if applicable) I. PAYMENT TERMS: • 25% due with the purchase order & to initiate the delivery timeline. • Balance due upon completion of manufacturing, before shipment, and COO transfer So Urle've INC. TRAILERS www.mastersir.com www.transmastertrailers.com Revision: 3' Page 4 of 5 1110/13 VSA vree T`/gAfL ER5 Trailer Solutions to Move You Forward PO Box 4444 / 20 Wolfbridge Road / Carlisle PA 17013 / P: 717- 243 -8843 ! F: 717 - 243 -8021 / www.transmastertrailers.com QUOTATION #120247M - Rev 3 Payments are due 10 days after the invoice date and final payment is due before shipment date. A late interest payment, to cover the cost of money, is due on overdue invoices at a rate of 1.5% per month. J. BASE SYSTEM BUY -OFF: No buy -off procedure is planned for this project but units are available for inspection before shipment. K. PRICE CHANGES: Design changes, customer additions or subtractions, process or specification changes to our final bid submittal, standards list, sequence of ops, or this bid document, added system performance requirements, customer driven time delays or time compression may result in pricing changes. L. PROJECT MANAGEMENT: During the engineering phase, delays in Masters Solutions /TransMaster Trailers receiving customer provided information, delays in submittal returns, or customer driven design changes may have an impact on overall project time or costs. If an impact is likely to occur, the customer will be notified within 5 days of the occurrence, as well as the details regarding said project impact. A follow -up scope change request will occur when the new change is defined. Approval by the customer's identified authority will be required prior to Masters Solutions /TransMaster Trailers proceeding with any change(s) involving cost. NOTE: In order for Masters Solutions /TransMaster Trailers to comply with its internal process, we respectfully request that, at issuance of a purchase order, the customer identify in writing their specific scope change order process. Masters Solutions /TransMaster Trailers also requests the customer identify in writing the authorized representative who has binding authority to obligate the "Buyer" for costs related to any scope changes. M. BID RESTRICTIONS: This bid response is to be available to the requestor's company for internal evaluation purposes only. It is not for distribution, in any form or partial form, to other suppliers or competing suppliers without Master Solutions /TransMaster Trailers consent. THANK YOU for the opportunity to quote. Dave Lutz President Master Solutions, Inc. / TransMaster Trailers Phone: (717) 243 — 6849 Cell: (717) 385 — 7732 E -mail: dlutz ,mastersi.com VIII. 7a ssLERS www.mastersir.com www.transmastertraifers.com Revision: 3' Page 5 of 5 1/10/13 EXHIBIT "F" ✓ .v TRAIL /TI '. Trailer Solutions to Move You Forward _ •�a.� __r. ..:. >z.. E � . - ' -. T -- 9— .... _.,. + -� —r; ;.;•.cr. r� a ...... -"rs'..�._ _ _ : "s.. i_ - ..... r_ _ PO Box 4444 / 20 Wolfbridge Road / Carlisle PA, 17 ! P: 717 - 243 - 6849 / F: 717 -243 -8021 / www.transmastertrailers.com QUOTATION #120263M DATE: November 2, 2012 RFQ No.: N/A MSI QUOTE NO: 120263M ATTENTION: Mr. Kevin McCardle, Jr. (Vice President of Operations) Mr. Ray North (Operations Manager) Equipment Transport, LLC 417 Village Drive, Suite 1 Carlisle, PA 17015 Phone: (717) 254 — 6731 Fax: (717) 256 — 5830 E- mail: k mccardle (a�eguipmenttransportllc.com E -mail: r.north@,equipmenttransportllc.com SUBJECT: Quote for Qty. (1) 40 Ton 3 -Axle Single Drop Extendable Trailers with Scissors Neck. A. EQUIPMENT TYPES, QUANTITIES & BASE PRICING: Item $ Each $ Total (2) 1. Otv (1) 40 Ton 3 -Axle Single Drop Extendable Trailer with Scissors Neck $99,960.00 $199,920.00 General: Price Price • OAL = 53' -0" closed Includes Includes • OAL = 73' -0" extended (Approximately) FET FET • OA W = 102" • Frame capacity • 80,000 #'s evenly distributed when closed • 70,000 #'s in 10' when closed • 100ksi steel main frame construction • Estimated weight +/ -3% = TBD /yl��El�d IR,�n��ZER. SOLUrloffs WC. www.mastersir.com www.transmastertrailers.com Revision: 0 Page 1 of 5 11/19/2012 7RAfL CC's Trailer Solutions to Move You Forward PQ Box 4444 / 20 Wolfbridge Road / Carlisle PA 17013 / P: 717 - 243 -68491 F: 717- 243 -8021 / www.transmastertrailers.com QUOTATION #120263M Gooseneck: • Folding hydraulic scissor neck o Neck to be powered from a wet line from the tractor • OAL = 14' -0" • Round pipe welded across the rear edge of the gooseneck for winch cable to run against • Full width upper deck • 1.75" thick Apitong decking (flush) • 16" king pin setting • 50" fifth wheel height • 102" OAW • 110" swing clearance Deck: • Extendable single drop • Air operated extension locking pins o Locking positions on 48" centers • Flexible air & electric carrier / cat track • 39' -0" OAL closed • 59' -0" OAL extended • 102" OAW • 35" loaded height • 11.88" ground clearance • Stake pockets on 24" centers where possible • .38" x 3.00ZApiton with pipe spools • 1.75" thi k decking ( flush) Front and rolders • Mounting brackets for wide load sign (sign not included) • 2 pair of air activated rollers recessed in lower deck 9' & 11' back from front of the lower deck. • Full width 8 -5/8" dia. tail roller sea UrYONS We. „ i`C -'.0 6! , E:'!" www.mastersir.com www.transmastertrailers.com Revision: 0 Page 2 of 5 11/19/2012 Trailer Solutions to Move You Forward PO Box 4444 120 Wolfbridge Road / Carlisle PAS 17013 ! P: 717-243-6849 F: 717-243-8021 1 www.transmastertrailers.com QUOTATION #120263M Axles & Suspensions: • Qty. (3) straight axles o 54.50" axle spacing o 25,000# axle capacity o 20K GAWR o Air lift on rear axle o 77 %2" track o HP spindle with synthetic semi -fluid grease o Hub piloted drums o 245/70R17.5 tires (Michelin XTA2) o 6.50" x 17.5" steel rims o 12.25" x 7.50" air brakes o Spring brakes on two (2) axles o 4S2M ABS on axle 1 and 2 o Shock Straps o Hendrickson Tiremaax tire inflation system on all axles • 25,000# air ride suspensions • Manual/ Automatic selector with manual ride height adjustment Electrical: • LED light package • Strobe lights mounted in tail channel with on/off switch • 7 pole electrical socket Paint: • All steel to be sand blasted prior to painting. • One crosslinked epoxy primer base coat • Carboline two component acrylic, aliphatic polyurethane topcoat • Color = Red Misc: • Conspicuity tape per DOT. MAS Rr �! SBG lfTA6k�S iR'C. _> 7'f�,att. r: l +_ www.mastersir.com www.transmastertrailers.com Revision: 0 Page 3 of 5 11/1912012 Trailer Solutions to Move You Forward PO Box 4444 / 20 Wolfbridge Road / Carlisle PA 17013 1 P: 717 - 243 -6843 / F: 717 -243 -8021 / www.transmastertrallers.com QUOTATION #120263M B. COMMENTS, CLARIFICATIONS, AND EXCEPTIONS TO BID: • Pricing is based on current material pricing. Increases in material pricing may result in price changes. • There is no freight included in this quotation. • Master Solutions / TransMaster Trailers is not responsible for determining whether axle spacing, axle loading & trailer dimensions are legal for use in the states the end user intends to use TransMaster products. C. WARRANTIES: • 1 year warranty on Master Solutions design and workmanship. Response to written notification is available 5 days per week. Commercial component warranties are passed through as is. D. SERVICE SUPPORT: • Service support is available 7 days a week with a 24 to 48 hour notice. E. DELIVERY: • Standard delivery is approximately 12 - 16 weeks from receipt of the purchase order & related deposits. • Please check at order placement for current delivery lead -time. Quoted delivery timelines are subject to change pending production schedule at receipt of the purchase order & related deposits. F. PRICES ARE VALID FOR: 30 days. Prices are in US dollars. Prices are based on current material pricing. If a material price increase occurs, a material surcharge may be applied. G. FREIGHT: FOB Carlisle, PA (Not Included) H. TAXES: Pricing does not include import/ export duties, federal, state or local taxes. (see quote description for FET if applicable) I. PAYMENT TERMS: • 25% due with the purchase order & to initiate the delivery timeline. • Balance due upon completion of manufacturing, before shipment, and COO transfer • Payments are due 10 days after the invoice date and final payment is due before shipment date. A late interest payment, to cover the cost of money, is due on overdue invoices at a rate of 1.5% per month. MASTER. sacUrt6ue rxc. _ _ ; Ftr.I Lc 11_F. www.mastersir.com www.transmastertrailers.com Revision: 0 Page 4 of 5 11/13/2012 r PaNA s ��rr • WA NJ rs ' Trailer Solutions to Move You Forward PO Box 4444 / 20 Wolfbridge Road / Carlisle PA 17013 / P: 717- 243 -6849 ! F: 717 - 243 -80211 I www.transmastertrailers.com QUOTATION #120263M J. BASE SYSTEM BUY -OFF: No buy -off procedure is planned for this project but units are available for inspection before shipment. K. PRICE CHANGES: Design changes, customer additions or subtractions, process or specification changes to our final bid submittal, standards list, sequence of ops, or this bid document, added system performance requirements, customer driven time delays or time compression may result in pricing changes. L. PROJECT MANAGEMENT: During the engineering phase, delays in Masters Solutions /TransMaster Trailers receiving customer provided information, delays in submittal returns, or customer driven design changes may have an impact on overall project time or costs. If an impact is likely to occur, the customer will be notified within 5 days of the occurrence, as well as the details regarding said project impact. A follow -up scope change request will occur when the new change is defined. Approval by the customer's identified authority will be required prior to Masters Solutions /TransMaster Trailers proceeding with any changes) involving cost. NOTE: In order for Masters Solutions /TransMaster Trailers to comply with its internal process, we respectfully request that, at issuance of a purchase order, the customer identify in writing their specific scope change order process. Masters Solutions /TransMaster Trailers also requests the customer identify in writing the authorized representative who has binding authority to obligate the "Buyer" for costs related to any scope changes. M. BID RESTRICTIONS: This bid response is to be available to the requestor's company for internal evaluation purposes only. It is not for distribution, in any form or partial form, to other suppliers or competing suppliers without Master Solutions /TransMaster Trailers consent. THANK YOU for the opportunity to quote. Dave Lutz President Master Solutions, Inc. / TransMaster Trailers Phone: (717) 243 — 6849 Cell: (717) 385 — 7732 E -mail: dlutz(a)mastersi.com MASTER. INAMMA SVLUr1fdW5 WC, www.mastersir.com www.transmastertrailers.com Revision: 0 Page 5 of 5 11/19/2012 EXHIBIT "G" YRALLENS Frailer Solutions to Move You Forward Po Box 4444 / 20 Wotfbridge Road / Carlisle PA 17013 / P: 717 - 243 -6843 / F: 717 - 243 -8021 / www.transmastertrailers.com QUOTATION #120263M Rev 1 HATE: Jan 10, 2013 (Date revised to reflect date of Ray's input for current requirements) RFQ No.: N/A MSI QUOTE NO: 120263M Rev 1 ATTENTION: Mr. Kevin McCardle, Jr. (Vice President of Operations) Mr. Ray North (Operations Manager) Equipment Transport, LLC 417 Village Drive, Suite 1 Carlisle, PA 17015 Phone: (717) 254 — 6731 Fax: (717) 256 — 5830 E -mail: k.mccardle(d' equipmenttransportllc.com E -mail: r.northAequipmenttransportllc.com SUBJECT: Quote for Qty. (1) 40 Ton 3 -Axle Single Drop Extendable Trailers with Scissors Neck. Rev 1: Updated pricing to Dec 20 Changed Quantity to l; reviewed with Ray 1/10/13 and changed design to meet requirements A. EQUIPMENT TYPES, QUANTITIES & BASE PRICING: Item $ Each $ Total (1) 1. Oty. (1) 40 Ton 3 -Axle Single Drop Extendable Trailer with Scissors Neck $99,960.00 $99,960.00 General: Price Price • OAL = 53' -0" closed Includes Includes • OAL = 73' -0" extended (Approximately) FET FET • OAW = 102" • Frame capacity 0 80,000 #'s evenly distributed when closed o 70,000 #'s in 10' when closed • I OOksi steel main frame construction • Estimated weight +/ -3% = TBD Aw sraq. t+`i soturaans vkc. ra€.a�cEas www.mastersir.com www.transmastertrailers.com Revision: 1 Page 1 of 5 1/10/13 VAI L AI�jf Frailer Solutions to Move Y F Po Box 4444 / 20 Wolfbridge Road / Carlisle PA 870131 P: 717 - 243 - 6849.1 F: 717 -243 -8021 I w w w.transmastertrailers.com QUOTATION #120263M Rev 1 Gooseneck: • Folding mechanical scissor neck • OAL = 14'-0" • Round pipe welded across the rear edge of the gooseneck for winch cable to run against • Full width upper deck • 1.75" thick Oak decking (flush) • 16" king pin setting; pop up king pin • 50" fifth wheel height • 102" OAW • 110" swing clearance Deck: • Extendable single drop • Air operated extension locking pins o Locking positions on 48" centers • Flexible air & electric carrier / cat track • 39' -0" OAL closed • 59' -0" OAL extended • 102" OAW • 35" loaded height • 11.88" ground clearance • Stake pockets on 24" centers where possible • .38" x 3.00" rub rail with pipe spools • 1.75" thick Oak decking (flush) • Front and rear flag holders • Mounting brackets for wide load sign (sign not included) • 2 pair of air activated rollers recessed in lower deck • Full width 8 -5/8" dia. tail roller Axles & Suspensions: • Q ty. 3) straight axles A 4�S�'Effri A* s���SrF�a sol u riome me. YstAfL ERS www.mastersir.com www.transmastertrailers.com Revision: 1 Page 2 of 5 1/10/13 31"NASM01'. 7MAI L ERS Trailer Solutions to Move You Forw PQ Box 4444 / 20 Wolfbridge Road 1 Carlisle PA 17013 / P: 717 - 243 -6842 I F: 717 - 243 -8021 / www.transmastertrallers.com QUOTATION #120263M Rev 1 o 60" axle spacing o 25,000# axle capacity o 20K GAWK o Air lift on rear axle o 77 track o HP spindle with synthetic semi -fluid grease o Hub piloted drums o 245/70R17.5 tires (Michelin XTA2) o 6.50" x 17.5" steel rims o 12.25" x 7.50" air brakes o Spring brakes on two (2) axles o 4S2M ABS on axle 1 and 2 o Shock Straps o Hendrickson Tiremaax tire inflation system on all axles • 25,000# air ride suspensions • Manual/ Automatic selector with manual ride height adjustment Electrical: • LED light package • Strobe lights mounted in tail channel with on/off switch • 7 pole electrical socket Paint: • All steel to be sand blasted prior to painting. • One cross - linked epoxy primer base coat • Carboline two component acrylic, aliphatic polyurethane topcoat • Color = Red s Misc: • Conspicuity tape per DOT. A" ASMYm (Zff NSAf STF9 www.mastersir.com www.transmastertrailers.com Revision: 1 Page 3 of 5 1110/13 * ' t T Trailer Solutions to Mo ve You Forward PO Box 4444 / 20 Wolfbridge Road / Carlisle PA 47013 ! P: 717 - 243 -6849 / E: 757- 243 -8021 / www.transmastertrailers.com QUOTATION #120263M Rev 1 B. COMMENTS, CLARIFICATIONS, AND EXCEPTIONS TO BID: • Pricing is based on current material pricing. Increases in material pricing may result in price changes. • There is no freight included in this quotation. • Master Solutions / TransMaster Trailers is not responsible for determining whether axle spacing, axle loading & trailer dimensions are legal for use in the states the end user intends to use TransMaster products. C. WARRANTIES: • 1 year warranty on Master Solutions design and workmanship. Response to written notification is available 5 days per week. Commercial component warranties are passed through as is. D. SERVICE SUPPORT: • Service support is available 7 days a week with a 24 to 48 hour notice. E. DELIVERY: • Standard delivery is approximately 12 - 16 weeks from receipt of the purchase order & related deposits. • Please check at order placement for current delivery lead -time. Quoted delivery timelines are subject to change pending production schedule at receipt of the purchase order & related deposits. F. PRICES ARE VALID FOR: 30 days. Prices are in US dollars. Prices are based on current material pricing. If a material price increase occurs, a material surcharge may be applied. G. FREIGHT: FOB Carlisle, PA (Not Included) H. TAXES: Pricing does not include import/ export duties, federal, state or local taxes. (see quote description for FET if applicable) I. PAYMENT TERMS: • 25% due with the purchase order & to initiate the delivery timeline. • Balance due upon completion of manufacturing, before shipment, and COO transfer • Payments are due 10 days after the invoice date and final payment is due before shipment date. A late interest payment, to cover the cost of money, is due on overdue invoices at a rate of 1.5% per month. ld 4SMS. f.49r0 n R SOLUTIONSINC, TR'R ILE 1 5 www.mastersir.com www.transmastertrailers.com Revision: 1 Page 4 of 5 5/50/13 I'MA IL Ae- 175 Trai S to hove You Forward PO Box 4444 120 Wotfbridge Road / Carlisle PA 17013 / P: 717 - 243 -6849 ! F: 717 - 243 -8021 / www.transmastertrailers.com QUOTATION #120263M Rev 1 J. BASE SYS'T'EM BUY -OFF: No buy-off procedure is planned for this project but units are available for inspection before shipment. K. PRICE CHANGES: Design changes, customer additions or subtractions, process or specification changes to our final bid submittal, standards list, sequence of ops, or this bid document, added,system performance requirements, customer driven time delays or time compression may result in pricing changes. L. PROJECT MANAGEMENT: During the engineering phase, delays in Masters Solutions /TransMaster Trailers receiving customer provided information, delays in submittal returns, or customer driven design changes may have an impact on overall project time or costs. If an impact is likely to occur, the customer will be notified within 5 days of the occurrence, as well as the details regarding said project impact. A follow -up scope change request will occur when the new change is defined. Approval by the customer's identified authority will be required prior to Masters Solutions /TransMaster Trailers proceeding with any change(s) involving cost. NOTE: In order for Masters Solutions /TransMaster Trailers to comply with its internal process, we respectfully request that, at issuance of a purchase order, the customer identify in writing their specific scope change order process. Masters Solutions /TransMaster Trailers also requests the customer identify in writing the authorized representative who has binding authority to obligate the "Buyer" for costs related to any scope changes. M. BID RESTRICTIONS: This bid response is to be available to the requestor's company for internal evaluation purposes only. It is not for distribution, in any form or partial form, to other suppliers or competing suppliers without Master Solutions /TransMaster Trailers consent. THANK YOU for the opportunity to quote. Dave Lutz President Master Solutions, Inc. / TransMaster Trailers Phone: (717) 243 — 6849 Cell: (717) 385 — 7732 E -mail: dlutz(d)mastersi.com Ann?. (�NAWSNASTZW. SOLUTIONS AVC. Tfi/i iL EfYS www.mastersir.com www.transmastertrailers.com Revision: 1 Page 5 of 5 1/10113 EXHIBIT "H" ff Ik 47' "La INC. � AIV .. From: Ray North [ mailto: r. north uipmenttransoortllc.com Sent: Thursday, December 20, 2012 10:30 AM To: 'Dave Lutz' Cc: ccarterCabmastersi.com 'Jon Ries'; 'Randy Marshall'; 'Chuck Poleto'; Kevin McCardle Subject: RE: 120247M Rev 2 & 120263M Step deck extendable tailers See below, looks good thanks From: Dave Lutz [mailto:dlutz @mastersi.coml Sent: Thursday, December 20, 2012 10:24 AM To: 'Ray North' Cc: ccarter(@mastersi.com ]on Ries; Randy Marshall; Chuck Poleto Subject: 120247M Rev 2 & 120263M Step deck extendable tailers Good Morning Ray; Again thanks for your PO order ( #10809). We are reviewing the trailer specs and we need to confirm a few initial kick off elements here to make sure we are all on the same page. A few kick off descriptive items to make sure we start correctly - please confirm: 1. Quantity of (1) The 40 Ton, 3 axle, single drop extendable deck, scissors neck: • Approx. 34" loaded deck height with fixed reinforced rear deck wheel covers- Steel covers • 102" wide by 53 ft OAL • 3 axles with Tiremaax tire inflation, HP spindle with synthetic semi -fluid grease — • Lift third axle • 245 tires, steel wheels, 60" axle spacing • Tail roller and one set of mid rollers • Scissors neck (is it mechanical lift/ lowered by the tractor winch or a hydraulic cylinder powered by the tractor PTO wet line) ? - Mechanical lift with winch line • 24" stake pockets with rub rail 2. Quantity of (1) 50 Ton, 4 axle, single drop extendable deck with fixed neck • Approx. 34 "/35" loaded deck height with fixed reinforced rear deck wheel covers • 102" wide by 53 ft OAL • 4 axles with Tiremaax tire inflation, HP spindle with synthetic semi -fluid grease - • Lift first and forth axle • 245 tires, steel wheels, 60" axle spacing • Tail roller and one set of mid rollers • Fixed neck with full deck- could make this a narrow neck like a RGN to save some weight and material • 24" stake pockets with rub rail Assuming no surprises we plan deliver for the 4 axle end of March and the 3 axle scissors by mid April. 2 $urs��teQiy, Dave ,.Llut� Ph.717- 243 -6849 dlutzA-mastersi.com AM SOLUr/471is INC. �1 tJ STA W altj Ir From: Ray North [ mailto:r. north (abequipmenttransportlic.com Sent: Wednesday, December 19, 2012 8:24 PM To: Dave Lutz Cc: < ccarter0mastersi.com >; Chuck Poleto; Kevin McCardle; Randy Marshall Subject: Re: 120264 / 120267 (Pole Truck & Flop Deck - Lights) Cliff originally told end of march delivery Is this still accurate ? Ray north Equipment Transport LLC On Dec 19, 2012, at 5:05 PM, "Dave Lutz" < dlutz@mastersi.com > wrote: Thanks -Got it; we will get it into the schedule and get moving. We will need to have a discussion making sure we have all the details correct for you. $cire;�ce�y. Dane Z44 Ph.717- 243 -6849 dlutz@mastersi.com <image001 jpg> From: Ray North [ mailto:r. north (a)equipmenttransportlic.com Sent: Wednesday, December 19, 2012 4:59 PM To: 'Dave Lutz' Cc: ccarter(a)mastersi.com 'Chuck Poleto'; 'Randy Marshall'; 'Kevin McCardle' Subject: RE: 120264 / 120267 (Pole Truck & Flop Deck - Lights) Po # 10809 3 T EXHIBIT "I" JASTE MASTER SOLUTIONS, INC. INVOICE [tic. 20 Wolfbridge Road Carlisle, PA 17013 Invoice Number: 13 -0073 Date: 03/2 6/2013 12.00.00 AM Page Number: 1 Order Number: C120247 F.0.13: Sold To 5htp. To Equipment Transport, LLC Equipment Transport, LLC 417 Village Drive, Suite 1 417 Village Drive, Suite 1 Carlisle, PA 17015 Carlisle, PA 17015 USA USA CUSTOMER ID I CUSTOMER PO PAYMENT TERMS FRf IHT TERMS 05525 PO# 10889 Due on receip $AI;E$ REP ID SHIPPING, METHOD SHIP. DATE MIYbIC DlI A1'E 3/26/2013 QUANTITY , T ' - yNIT EXTENDED ORD SHP BClC PART DESCRIPTION PRICE 1C� 1.00 50 TON 4 -AXLE EXTENDABLE TRAILER 89,500.00 $89,500.00 PER QUOTE #120247 -REV -2 1.00 CHANGES 2,950.00 $2,950.00 A. QUANTITY CHANGE- FROM 2 TO 1 B. TRAILER ADDS This unit will be completed APRIL 2,2013. DUE WHEN COMPLETE. ,� . G. S QRDER SPE f 1CA'TCON SUB TOTAL: $92,450.00 TOTAL AMOUNT DUE: $92,450.00 IF YOU HAVE QUESTIONS ON HOW THIS INVOICE WAS CALCULATED, OR QUESTIONS ABOUT ANY OF OUR OTHER PRODUCTS, PLEASE CONTACT OUR SALES OFFICE. PLEASE REFERENCE THIS INVOICE NUMBER ON YOUR CHECK AND REMIT TO: MASTER SOLUTIONS, INC. 20 Wolfbridge Road Carlisle, PA 17013 y i 13 EXHIBIT "J" !BAST MASTER SOLUTIONS, IN INVOICE DLUTIQNS, INC. 20 Wolfbridge Road Carlisle, PA 17013 Invoice Number: 13 -0075 Date: 04/01/2013 12,00.00 AM Page Number: 1 Order Number: C120263 F. 0. B: Equipment Transport, LLC Equipment Transport, LLC 417 Village Drive, Suite 1 417 Village Drive, Suite 1 Carlisle, PA 17015 Carlisle, PA 17015 USA USA CgS1 GLR. 1113, CUSTOMER P :.. 05525 PO*10a89 Due on recei t rp I� $NIPPN( 1Yt.l0C� P. OAT4 ({/Q 4/1 /2013 .}� , . �. � _ ; ,, �x } gyp •.� ;,. '.,:. 1.00 40 TON 3 -AXLE SINGLE DROP 99,960.00 $99,960.00 EXTENDABLE TRAILER WITH SCISSORS NECK. AS PER OUR QUOTE #120263M DUE TO BE COMPLETED 5/3/2013 ORDR'SPEG11i7O1S 1 �, SUB TOTAL: $99,960.00 TOTAL AMOUNT DUE: $99,960.00 IF YOU HAVE QUESTIONS ON HOW THIS INVOICE WAS CALCULATED, OR QUESTIONS ABOUT ANY OF OUR OTHER PRODUCTS, PLEASE CONTACT OUR SALES OFFICE. PLEASE REFERENCE THIS INVOICE NUMBER ON YOUR CHECK AND REMIT TO: MASTER SOLUTIONS, INC. 20 Wolfbridge Road Carlisle, PA 17013 y VERIFICATION George B. Faller, Jr., Esquire, of the firm of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for Plaintiff in the within action, certifies that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 00 L)r�" George Wfaller, Jr., Esquire F:\FILES \Clients \8176 Master Solutions \8176.30 Equipment Transports \8176.30.complaintl.wpd SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson E 0-0'�F it,V-- Sheriff Co,-' T P R 1- E 0 T H ON 0 BAR''' Jody S Smith r Chief Deputy 2013 JUL I I AH 10: 30 1r.4-1� Richard W Stewart CUM&E-RLAND COUNTY Solicitor OFFICE OF PIE SVERIFI: PENNSYLVANIA Master Solutions, Inc. Case Number vs. Equipment Transport LLC 2013-3754 I SHERIFF'S RETURN OF SERVICE 0710512013 11:03 AM-Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Beth Dolbaugh, Office Manager,who accepted as"Adult Person in Charge"for Equipment Transport LLC at 1 Tyler Court, South Middleton, Carlisle, PA 17015. (IM IE DI E, DEPUTY SHERIFF COST: $35.24 SO ANSWERS, July 08, 2013 RbNK<(R ANDERSON, SHERIFF (c)CouraySufte Sheriff,Teleosoft,Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MASTER SOLUTIONS, INC. ) Plaintiff, ) w Case No.: 13-3754 Civil Term V. ---y - ,-� EQUIPMENT TRANSPORT, LLC Defendant. ENTRY OF APPEARANCE C TO THE PROTHONOTARY: Please enter my appearance in this matter as counsel for Defendant, Equipment Transport, LLC. Respectfully submitted: Dated: July 12, 2013 istopher R.Nestor Pa. Id. 82400 K&L GATES LLP Market Square Plaza 17 North Second Street, 18th Floor Harrisburg, PA 17101 (717) 231-4500 (tel.) (717) 231-4501 (fax) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on this 12`h day of July, 2013, via first class U.S. Mail,postage prepaid,upon the following: George B. Faller, Jr.,Esq. MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Counsel for Plaintiff Christopher R.Nestor � t tLE0-�iFT' H, i J T L Pt; I r 1t��Ft" .,CT�-10�'�t.l " o 20113 AM -6 AN 11: i, CU t,ERL.AND CoUtgl_y PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MASTER SOLUTIONS, INC. ) Plaintiff, ) Case No.: 13-3754 Civil Term V. ) EQUIPMENT TRANSPORT, LLC ) Defendant. ) NOTICE TO PLEAD TO: Plaintiff,Master Solutions, Inc. You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted: Dated: August 5, 2013 hristopher R.Nestor Pa. Id. 82400 K&L GATES LLP Market Square Plaza 17 North Second Street, 18th Floor Harrisburg, PA 17101 (717) 231-4500 (tel.) (717) 231-4501 (fax) C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MASTER SOLUTIONS, INC. ) Plaintiff, ) Case No.: 13-3754 Civil Term V. ) EQUIPMENT TRANSPORT, LLC ) Defendant. ) ANSWER AND NEW MATTER OF DEFENDANT Defendant, Equipment Transport, LLC ("ETLLC"), offers its answer, with new matter, as follows: 1. ETLLC, despite diligent inquiry, is without sufficient knowledge to form a belief regarding the truth of the averments of this paragraph and, so, they are denied. 2. Denied as stated. ETLLC is a Pennsylvania limited liability company. 3. This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments of fact, Exhibit A to the complaint is a document that speaks for itself and, therefore, the allegations of this paragraph, which constitute Plaintiffs characterizations of Exhibit A, are denied. 4. This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments of fact, Exhibit B to the complaint is a document that speaks for itself and, therefore, the allegations of this paragraph, which constitute Plaintiff's characterizations of Exhibit B, are denied. 5. This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments of fact, Exhibit C to the complaint is a document that speaks for itself and, therefore, the allegations of this paragraph, which constitute Plaintiff's characterizations of Exhibit C, are denied. 6. This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments of fact, Exhibit D to the complaint is a document that speaks for itself and, therefore, the allegations of this paragraph, which constitute Plaintiff's characterizations of Exhibit D, are denied. 7. This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments of fact, Exhibit E to the complaint is a document that speaks for itself and, therefore, the allegations of this paragraph, which constitute Plaintiff's characterizations of Exhibit E, are denied. 8. This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments of fact, Exhibit F to the complaint is a document that speaks -2- for itself and, therefore, the allegations of this paragraph, which constitute Plaintiff's characterizations of Exhibit F, are denied. 9. This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments'of fact, Exhibit D to the complaint is a document that speaks for itself and, therefore, the allegations of this paragraph, which constitute Plaintiff's characterizations of Exhibit D, are denied. 10. This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments of fact, Exhibit G to the complaint is a document that speaks for itself and, therefore, the allegations of this paragraph, which constitute Plaintiff's characterizations of Exhibit G, are denied. 11. This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments of fact, Exhibit H to the complaint is a document that speaks for itself and, therefore, the allegations of this paragraph, which constitute Plaintiff's characterizations of Exhibit H, are denied. 12. . This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments of fact, after reasonable investigation, ETLLC is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. -3- 13, This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments of fact, Exhibit I to the complaint is a document that speaks for itself and, therefore, the allegations of this paragraph, which constitute Plaintiff's characterizations of Exhibit 1, are denied. 14. This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments of fact, Exhibit J to the complaint is a document that speaks for itself and, therefore, the allegations of this paragraph, which constitute Plaintiffs characterizations of Exhibit J, are denied. 15. This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments of fact, after reasonable investigation, ETLLC is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and,therefore, the allegations are denied. 16. This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments of fact, after reasonable investigation, ETLLC is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 17. This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments of fact, after reasonable investigation, ETLLC is without -4- sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 18. This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments of fact, after reasonable investigation, ETLLC is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. NEW MATTER 19. The responses contained in the preceding paragraphs are incorporated herein by reference. 20. The complaint, or some part of it, fails to state a claim or cause of action against ETLLC upon which relief can be granted. 21. Plaintiff does not possess the right to commence or maintain any claims against ETLLC. 22. Plaintiff has failed to satisfy all conditions precedent to the institution of a suit against ETLLC. 23. Plaintiff has not suffered any legally cognizable injury or damages as a result of ETLLC's alleged acts or omissions. 24. The complaint, or some part of it, is barred by the applicable statute of limitations. 25. The complaint, or some part of it, is barred by failure of consideration. 26. Any injury, damage or loss sustained by Plaintiff was caused by the acts or omissions of Plaintiff or third parties over whom ETLLC had no direction or control, and not as a result of any acts or omissions of ETLLC. -5- 27. To the extent that a valid and/or enforceable contract or other agreement existed between Plaintiff and ETLLC, ETLLC did not breach the terms of said contract or other agreement, 28. To the extent that a valid and/or enforceable contract or other agreement existed between Plaintiff and ETLLC, all duties and obligations owed to Plaintiff by ETLLC under the terms of said contract or other agreement are extinguished as a matter of law as a consequence of acts and/or omissions of Plaintiff and/or third parties. 29. To the extent that a valid and/or enforceable contract or other agreement existed between Plaintiff and ETLLC, Plaintiff is precluded from asserting a claim by reason of its prior material breach of the agreement. 30. To the extent the Plaintiff may have incurred any damages, it failed to mitigate said damages. WHEREFORE, ETLLC demands judgment in its favor along with costs of suit and such other relief as the Court deems appropriate. Respect lly submitted: Dated: August 5, 2013 Christopher R.Nestor Pa. Id. 82400 K&L GATES LLP Market Square Plaza 17 North Second Street, 18th Floor Harrisburg, PA 17101 (717) 231-4500 (tel.) (717)231-4501 (fax) -6- VERIFICATION �a 1, Brandon. Hall, verify that, based on. knowledge or information and belief, any factual averments in the foregoing Answer and New Matter are true. This verification is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Name: Brandon Hall Title: Vice President of Finance CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of.the foregoing document was served on this 5th day of August, 2013, via first class U.S. Mail, postage prepaid, upon the following: George B. Faller, Jr., Esq. MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Counsel for Plaintiff istopher R. Nestor -7- FABLES\Clients\8176 Master Solutions\8176.30 Equipment Transports\8176.30.reply l.wpd Revised: 9/16/13 8:29AM p , George B. Faller, Jr.,, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER =M M ' i MARTSON LAW OFFICES r -U j I.D. 49813 10 East High Street "' ► C C--) �. Carlisle, PA 17013 E w c, (717) 243-3341 Attorneys for Plaintiff MASTER SOLUTIONS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-3754 CIVIL ACTION - LAW EQUIPMENT TRANSPORT, LLC, Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER 19. The averments of paragraphs 1 through 18 of the Complaint are hereby incorporated by reference. 20-30. The averments of these paragraphs state a conclusion of law to which no response is required. To the extent a response may be deemed required,these averments are specifically denied. In addition, by way of further response, see the averments stated in Plaintiff's Complaint. WHEREFORE, Plaintiff demands judgment in its favor as set forth in the Complaint. MARTSON LAW OFFICES B y George B. Faller, Jr., Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: 9/16/13 Y R CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Reply to New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Christopher R. Nestor, Esquire K&L GATES LLP Market Square Plaza 17 North Second Street, 18' Floor Harrisburg, PA 17101 MARTSON LAW OFFICES By rlc'&��A� Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 9/16/13 • F.\FILES\Clients\8176 Master Solutions\8176.30 Equipment Transports\8176.30.motiontocompel l.wpd Revised. 11/12/13 9 41A L_t ,`..3- I r�C- C 1 f t r t� 1� .. i}3i HON ARY 2013 NOV 13 F George B. Faller, Jr.,, Esquire 1: 22 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLE UMBERLANr COUNTY MARTSON LAW OFFICES PENNSYLVANIA I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MASTER SOLUTIONS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 13-3754 : CIVIL ACTION - LAW EQUIPMENT TRANSPORT, LLC, Defendant : JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO COMPEL FULL AND COMPLETE ANSWERS TO INTERROGATORIES BY THE DEFENDANTS 1. On or about September 16,2013,Plaintiff served interrogatories on the Defendants. 2. On or about October 7,2013,Plaintiff received answers and objections to Plaintiffs interrogatories. (A copy of those "Responses" are hereby attached as Exhibit"A." ) 3. The Plaintiffs Complaint alleged that the Defendant agreed to buy two trailers from the Plaintiff and submitted a Purchase Order for those trailers. 4. Plaintiff's Answer with New Matter denied the existence of such an agreement. 5. Plaintiffs four interrogatories to the Defendant to seek the factual basis upon which the Defendant is claiming that there was not an agreement to buy the trailers for an agreed upon price. 6. The four interrogatories simply seek the grounds to support factual allegations made in Defendant's New Matter. 7. The Plaintiff forwarded this Motion to Compel to Defendant's counsel on October 25, 2013. (A copy of that letter is hereby attached as Exhibit "B.") 8. Plaintiffs counsel sent defense counsel a final request via email on November 6, 2013. (A copy of that email is hereby attached as Exhibit"C.") 9. Defendant's counsel has not agreed to fully to fully and completely answer the Interrogatories. WHEREFORE, Plaintiff requests that this Court Order the Defendants to fully and completely answer Interrogatories 1 through 4. MARTSON AW OFFICES By George Br alter, Jr., Esqui 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 11/12/13 Attorneys for Plaintiff RECYClAB�E " OW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MASTER SOLUTIONS, INC. ) ) Plaintiff, ) ) Case No.: 13-3754 Civil Term v. ) ) EQUIPMENT TRANSPORT, LLC ) ) Defendant. ) RESPONSES TO FIRST SET OF INTERROGATORIES AND DOCUMENT REQUESTS DIRECTED TO DEFENDANT Pursuant to Pa.R.C.P. 4006 and 4009.12, Equipment Transport, LLC ("ETLLC") offers the following responses to Master Solutions, Inc. ("Master's") first set of interrogatories and document requests addressed to ETLLC. OBJECTIONS ETLLC's responses to Master's discovery requests are subject to the general objections set forth below. These objections form a part of each response even though they may not be specifically referred to in each and every response. Failure to incorporate any of these general objections into any specific response should not be construed as a waiver of same. The following general objections are incorporated by reference into each of the responses that follows: A. ETLLC objects to responding to any discovery request to the extent the information sought is protected from disclosure by the attorney-client privilege, the work- product doctrine, or other applicable privilege(s). B. ETLLC objects to responding to any discovery request that seeks information which is not relevant to the claims or defenses of the pending action, which will not be Exhibit "A" • admissible or as to which testimony will not be admissible at any hearing in this action, and/or which is not reasonably calculated to lead to the discovery of relevant admissible evidence. C. ETLLC objects to responding to any discovery request to the extent that the information sought may be derived from documents which are a matter of public record and/or documents already in the possession of Master, and the burden of deriving or ascertaining the answer would be substantially the same for Master as for ETLLC. Except as may be noted herein or except for documents previously provided, ETLLC will not provide copies of documents that are a matter of public record, generally available to the public, and/or already in Master's possession or control. D. ETLLC objects to responding to any discovery request to the extent that developing such response would be unduly burdensome, pose an unreasonable expense, or would require an unreasonable investigation on the part of ETLLC. E. ETLLC objects to responding to any discovery request to the extent that the information sought may be derived from numerous documents or may require the preparation of summaries of information contained in voluminous documents, on the grounds that the burden of deriving the answer would be substantially the same for Master as for ETLLC and, therefore, ETLLC reserves the right to respond to said discovery request by referring to documents that have been produced or by producing those documents in ETLLC's possession from which Master may ascertain the information requested by said discovery. F. ETLLC objects to responding to any discovery request that purports to require ETLLC to identify or summarize the content of records of government or other public bodies and/or of other parties beyond the control of ETLLC. -2- G. ETLLC's answers to these discovery requests are based only upon such information and documents that are currently available to, and known to ETLLC. ETLLC reserves the right to modify and/or supplement any and all of his responses to these discovery requests as additional information is obtained or becomes available or known to ETLLC. H. ETLLC objects generally to any instructions, definitions and limitations accompanying Master's discovery requests to the extent that they attempt to impose obligations on ETLLC beyond those imposed by the Pennsylvania Rules of Civil Procedure. I. ETLLC objects to responding to any discovery request that seeks confidential business or proprietary information of ETLLC, the disclosure of which could cause competitive harm to ETLLC. To the extent that Master's discovery requests are intended to elicit such information, ETLLC objects and asserts protections to the fullest extent provided by law. ETLLC will only produce information responsive to such discovery requests pursuant to a mutually agreeable confidentiality agreement. CONDITIONS Without waiver or limitation of the foregoing general objections or of any of the specific objections set forth, ETLLC conditions its responses to Master's discovery requests as follows: 1. All responses of ETLLC to Master's discovery requests are made without in any way waiving or intending to waive but, on the contrary, preserving and intending to preserve: a. all questions as to competency, relevancy, materiality, privilege or admissibility as evidence for any purpose in any proceeding or the trial of this or any other action; b. the right to object, upon any ground, to the use of any such responses, or the subject matter thereof, in any proceeding or the trial of this or any other action; -3- • c. the right to object, upon any ground, and at any time, to any demand for further responses to the requests or to any other discovery involving or relating to the subject matter of the requests to which responses are herein or hereafter given; and d. the right at any time to revise, correct, supplement, clarify and/or amend the responses furnished as allowed or required by the Pennsylvania Rules of Civil Procedure. RESPONSES TO INTERROGATORIES Interrogatory No. 1 State all facts that support your allegation in Paragraph 22 of your New Matter that"Plaintiff has failed to satisfy all conditions precedent to the institution of a suit against ETLLC." ANSWER: Objection. ETLLC objects to this interrogatory to the extent that it seeks information which is protected by the attorney-client privilege or work product doctrine. Subject to the foregoing objections, and without waiving them, see the Complaint and exhibits thereto. By way of further answer, ETLLC is unable to fully respond to this interrogatory at this time as discovery is ongoing and ETLLC's investigation therefore is incomplete. Interrogatory No. 2 State all facts in support of your allegation in Paragraph 26 of your New Matter that, "Any injury, damage or loss sustained by Plaintiff was caused by the acts or omissions of Plaintiff or third parties over whom ETLLC had no directions or control, and not as a result of any acts or omissions of ETLLC." ANSWER: Objection. ETLLC objects to this interrogatory to the extent that it seeks information which is protected by the attorney-client privilege or work product doctrine. Subject to the foregoing objections, and without waiving them, see the Complaint and exhibits thereto. By way of further answer, Master failed to mitigate any alleged injury, damage or loss it claims to have sustained. By way of further answer, ETLLC is unable to fully respond to this interrogatory at this time as discovery is ongoing and ETLLC's investigation therefore is incomplete. -4- Interrogatory No. 3 State all facts in support of your allegation in Paragraph 28 of your New Matter that, "To the extent that a valid and/or enforceable contract or other agreement existed between Plaintiff and ETLLC, all duties and obligations owed to Plaintiff by ETLLC under the terms of said contract or other agreement are extinguished as a matter of law as a consequence of acts and/or omissions of Plaintiff and/or third parties." ANSWER: Objection. ETLLC objects to this interrogatory to the extent that it seeks information which is protected by the attorney-client privilege or work product doctrine. Subject to the foregoing objections, and without waiving them, see the Complaint and exhibits thereto. By way of further answer, ETLLC is unable to fully respond to this interrogatory at this time as discovery is ongoing and ETLLC's investigation therefore is incomplete. Interrogatory No.4 State all facts in support of your allegation in Paragraph 29 of your New Matter that, "To the extent that a valid and/or enforceable contract or other agreement existed between Plaintiff and ETLLC, Plaintiff is precluded from asserting a claim by reason of its prior material breach of the agreement." ANSWER: Objection. ETLLC objects to this interrogatory to the extent that it seeks information which is protected by the attorney-client privilege or work product doctrine. Subject to the foregoing objections, and without waiving them, see the Complaint and exhibits thereto. By way of further answer, ETLLC is unable to fully respond to this interrogatory at this time as discovery is ongoing and ETLLC's investigation therefore is incomplete. -5- RESPONSES TO DOCUMENT REQUESTS 1. Copies of any documents, including but not limited to correspondence, emails, notes, memos, or the like that mentions the purchase, ordering, negotiations, or possible purchase of the trailers mentioned in the Pleadings. RESPONSE: Objection. ETLLC objects to this request to the extent that it seeks information which is protected by the attorney-client privilege or work product doctrine. Subject to the foregoing objections, and without waiving them, ETLLC will produce documents currently in its possession that are responsive to this request. As to objections, Date: October 16, 2013 hristopher R. Nestor christopher.nestor@klgates.com Pa. I.D. No. 82400 K&L Gates LLP 17 North Second Street, 18th Floor Harrisburg, PA 17101-1507 (717) 231-4500 (tel.) (717) 231-4501 (fasc.) Counsel for Plaint Equipment Transport, LLC • -6- VERIFICATION I hereby certify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Name: Brandon Hall Title: VP of Finance CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served this 16th day of October, 2013, upon the following by first-class U.S. mail, postage prepaid: George B. Faller, Jr., Esq. MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Counsel for Plaintiff Christopher R. Nestor • " KI(11111,,PIR tRH VI I UM 1 i 1. ; i MARTSON \X-Ir.LILMM F.IM\RTs()N DAVID A.FI-17SINIO ;S J(*IN B. F<i�CI ER 111 CHRISEUPHER E. Rua: LAW OFFICES -DANTE!. K. DI ARD()RrI Jr II I R L. SPEARS J.'A lL!1a�rs* Sh'11-1 , AIoSE:III:Y 1VU A'.(irrt> lII Kviii.J. Ni xwr.t.l. 10 FiAsr H!c;H SiRE.EF [TUBER'.X.Gi[.ROY R. C. V"vNI..vNDIN(,FI Ay.[ C.vRI.ISL.E, PI,SVSYLVSyLv 1-013 Gr:(,R(F.B. FAr_t.lR JR.* T[LBYHONE (/17) 243-3341 'BOARD CERTIFIED CIVIL TRIAL SPECIALIST FAC;SI�ILLI (117) 243-1850 1N•Il..RVLr v vvwmartsonlavc:com October 25, 2013 Christopher R. Nestor, Esquire K&L GATES, LLP Market Square Plaza 17 North Second Street, 18th Floor Harrisburg, PA 17101 RE: Master Solutions, Inc. v. Equipment Transport, LLC No. 13-3754-Cumberland County C.C.P. Our File No. 8176.30 Dear Christopher: In our discussions, I had asked you informally to state your client's position regarding this dispute. Since you indicated that you would rather not discuss it,I sent four very brief interrogatories designed to determine the factual basis of your client's claims. I chose not to file Preliminary Objections asking for a more specific pleading, knowing that our Courts would normally say"you can get that in discovery." Therefore, I find the answers to discovery wholly inadequate and would intend to file the enclosed Motion to Compel unless we do not get full and complete answers to interrogatories within the next ten days. Very truly yours, MARTSON LAW OFFICES George B. Faller, Jr. GBF/nlm cc: Mr. Dave Lutz (via e-mail) F FILES`Clients.8176 Master Solutions',8176.30 Equipment Transports`8I76.30.en5.wpd Exhibit "B" INFORMATION • ADVICE • ADVOCACY - • • irik HI(Vl 110 MY, ta 1711 VI I Mit • Nichole L. Myers From: George B. Faller Jr. Sent: Wednesday, November 06, 2013 3:27 PM To: Nestor, Christopher <Christopher.Nestor @klgates.com> (Christopher.Nestor @ klgates.com) Cc: Nichole L. Myers Subject: Master v Equipment Transfer Dear Chris: Does your client intend to Answer the Interrogatories or should I go ahead and file the Motion to Compel? George B. Faller, Jr., Esquire Martson Deardorff Williams Otto Gilroy & Faller MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 Telephone (717) 243-3341 Facsimile (717) 243-1850 Electronic Mail gfaller(a�martsonlaw.com CONFIDENTIALITY NOTICE: The above communication is for the personal use of the intended recipient(s) only. This message may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, preserve, copy or distribute this message. Unauthorized use, disclosure or distribution is prohibited and may be unlawful. If you are not an intended recipient, or if you believe that you have received it in error, please reply to the sender that you have received the message in error, then delete it. Thank you. Exhibit "C" CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Plaintiffs Motion to Compel was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Christopher R. Nestor, Esquire K&L GATES LLP Market Square Plaza 17 North Second Street, 18`h Floor Harrisburg, PA 17101 MARTSON LAW OFFICES By J171J, X C -'7� Nichole L. Myer s / — Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 11/12/13 r , George B. Faller, Jr.,, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES I.D. 49813 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Plaintiff MASTER SOLUTIONS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ; NO. 13-3754 CIVIL ACTION-LAW EQUIPMENT TRANSPORT, LLC, Defendant JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this /5 L day 2013, a Rule is issued upon Defendant Equipment Transport, LLC, to show cause why they should not be required to respond to the discovery served upon it by Plaintiff Master Solutions, Inc., Rule Returnable 20 days. BY THE COURT: J. Distribution: rge B. Faller, Jr., Esquire Christopher R. Nestor, Esquire C-) ;,. lam? i F—s 92.%,4 M m o 11 f 5113 ;z;:0 -Ori, C �� _ �1 MASTER SOLUTIONS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW EQUIPMENT TRANSPORT, : LLC, Defendant : NO: 13-3754 CIVIL IN RE: MOTION TO COMPEL FULL AND COMPLETE ANSWERS TO INTERROGATORIES BY THE DEFENDANT ORDER OF COURT AND NOW, this/I L day of February, 2014, upon consideration of Plaintiff's Motion to Compel Full and Complete Answers to Interrogatories by the Defendant, it is hereby ORDERED that Equipment Transport, LLC, shall answer fully Plaintiff's Interrogatories within twenty (20) days hereof. BY THE COURT, ChriP}10 . Peck, J. • • George B. Faller, Jr., Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff 2 ` � X1-.-iristopher R. Nestor, Esq. �� 17 North Second Street, 18th Floor cn x cT Harrisburg, PA 17101 Attorney for Defendant GO i*e.c 1)22-1 Le k -C rNa %a/1:e/, r-7-r�