SEALMASTER RIPS OFF CLIENTS
Giles Porth
of a business
relationship with Continental Sealing and Paving, Inc. and The
Management.
HISTORY
The Management did honorably represent himself and Continental as a
client to SEALMASTER
and SEALMASTER’s Darrell Stein. The relationship was based on
Continental Sealing and
Paving, Inc., a business in the field of asphalt maintenance, being a
purchaser of products made
and distributed by SEALMASTER of Allentown.
It has been agreed, without argument, that Continental and The
Management were excellent customers of
SEALMASTER. It has been agreed, without argument, that Continental
and The Management always paid
for product on a timely manner. It has been agreed, without argument,
that there has never been
a dispute prior to August of 1998 between SEALMASTER and
Continental/The Management. It has been
agreed, without argument, that Continental was one of SEALMASTER
largest and best
customers. It was agreed, without argument, that SEALMASTER has
visited the Continental
Properties for deliveries of product throughout 1998. It is agreed
without argument that
SEALMASTER made deliveries to job locations in 1998 as a result of the
receiving facility of
Continental being destroyed by a fire in July of 1998. It is agreed,
without argument, that
Continental and The Management paid for product with cash, check,
credit card and on occasion a trade or
barter of services. It is agreed, without argument, that Stein and
SEALMASTER allowed
Contracted personnel the responsibility to collect payments made on
delivery to The Management and
Continental.
DISPUTE
In July of 1998, Continental suffered a catastrophic fire that
resulted in a million dollars of lost
property. Continental and SEALMASTER continued to conduct a business
relationship
throughout that year. The fire and loss did not have any effect on
the regular business with the
exception of Stein and SEALMASTER shortening the period for the
account to be paid as well
as SEALMASTER made more deliveries to field and job-site locations
than was usual, due to
fire scene at 562 Ridge Road.
As part of the business relationship and for SEALMASTER to secure the
Continental business,
and for the purpose of The Management and Continental buying more
SEALMASTER product, Stein and
SEALMASTER supplied The Management and Continental with a bulk storage
tank. This bulk storage tank
would serve as a holding tank for asphalt sealer and allow Continental
to have more product on
hand as well as allow SEALMASTER to deliver larger quantities of
material on a timely basis.
SEALMASTER delivered one used bulk storage tank to 562 Ridge Road in
1998.
It is argued that The Management and Continental has an obligation to
purchase a certain gallon amount of
sealer for the placement of this tank. The defendant argues that this
stipulation was never
introduced prior to the agreement to locate the tank on the
Continental property. The defendant
claims that even with the acceptance of this stipulation Continental
did in fact purchase in excess
of 40,000 gallons of material. Should this be denied by SEALMASTER,
the Court may
reference proof of purchases by defendant. In addition, Stein and
SEALMASTER have led
the courts to believe that this tank was new like and a perfectly
performing tank. The tank was
not new, and not within ten years of production. These lies are
voluminous by Stein and
SEALMASTER. Stein and SEALMASTER have testified that The Management
had an obligation to notify
SEALMASTER when the tank would no longer be available. This was done
on several
occasions. Stein visited the burned out facility both in person and
through SEALMASTER
employees for deliveries. Stein and SEALMASTER possess documents that
state to such. Stein
knew that Continental was to exit the property and Stein knew he had
the responsibility to
remove the SEALMASTER tank. Stein has told and swore to the court
that he lost
communication with The Management and Continental. This again is a
lie. Stein has stated that he did not
have the phone number of The Management and Continental. This again
is a lie and was necessary for all
invoices to be processed by SEALMASTER that were paid by credit card
to Stein. Continental
will present witnesses that had several conversations with Stein in
November of 1998 through
Spring of 1999. In addition, The Management and Continental will
show where the previous Continental
phone lines forwarded to the new lines and were in existence through
1999. Stein claims the line
rang “ DISCONNECTED”, this is not true and is supported by
the pone company. In October
1998, The Management notified SEALMASTER and Stein, that large
amounts of the SEALMASTER
product purchased and paid for by Continental and The Management were
defective and had to be
reapplied at the responsibility to the Continental customer by
Continental and The Management. Stein and
SEALMASTER agreed to make good on the product. Stein and SEALMASTER
never did.
Additionally;
In November of 1998 The Management and Continental demanded payment
for
services performed by The Management in a vehicle transfer/purchase
between SEALMASTER and
Sealtech, a company operating in the field of asphalt maintenance in
the state of Pennsylvania.
The Management recognizing SEALMASTER had a note receivable against
Sealtech, and The Management knowing
Continental had a note receivable against Sealtech, used services to
claim a lien of property
against Sealtech and deliver satisfied consideration to SEALMASTER and
Continental.
SEALMASTER accepted the transferred property in the form of a vehicle
and agreed to pay
Continental $ 10,000. The payment to Continental represented
additional equity
realized by SEALMASTER in possessing the vehicle, and also
represented the fair amount due
Continental by Sealtech. The Vehicle in consideration is one truck VIN
1FDNK74C7PVA20599.
SEALMASTER never satisfied this obligation to Continental and The
Management in entirety.
SEALMASTER placed the vehicle in operation and registered the vehicle
in the State of
Pennsylvania. On December 1, 1998 Continental notified SEALMASTER
that the credit and or
money due Continental and The Management approximated $ 11,000.00.
SEALMASTER and Stein refused
to pay.
In November of 1998 The Management and Continental demanded SEALMASTER
to remove the tank
located at the 562 Spring City address. Stein and SEALMASTER
procrastinated and did not
remove the property for 10 months. It has been testified by Stein,
that Stein agreed to pay the
owner of the 562 Ridge Road Property $ 2,5000.00 for storing the tank.
This charge would not
have applied if Stein had removed the tank in a timely manner. Even
with the charge of
$ 2,500.00 The Management and Continental had no obligation to pay for
this charge.
Stein and SEALMASTER have introduced documents that are forgeries and
false. Stein and
SEALMASTER testified that the facsimile drawing they possess and have
submitted to the court
are supported by the real and accurate documents. Continental, The
Management, nor any court has seen
the original documents.
SEALMASTER and STEIN filed suit in District Court for approximately $
4,000.00.
The Management and Continental will defend themselves against these
claims and ask the court to consider
new matters against Stein and SEALMASTER.
It is the contention of Continental and The Management that SEALMASTER
and Stein have conjured up
these charges as a way to mitigate money and or credit due Continental
and The Management.
Continental and The Management are prepared to present witnesses to
testify to the claims made by
Continental and The Management. Continental and The Management are
prepared to present witnesses that will testify
to that the claims made by SEALMASTER and Stein are false.
Continental and The Management are prepared to present Mr. Donald
McGuigan of Sealtech that will
swear Stein has falsified documents in the transaction with Sealtech
Company, Stein and
SEALMASTER, and The Management and Continental. The testimony will
show Stein knowingly and
aware of criminal process misrepresented the sales price on the
vehicle, to pay less than the
required Pennsylvania Sales Tax.
In addition Mr. McGuigan will testify that Stein agreed to pay The
Management and Continental in
excess of $ 10,000.00 in the form of cash and or credit to The
Management and Continental.
Continental will present Mr. Greg Roberts, the owner of 562 Ridge Road
Property, who will
testify that Stein did not remove the tank in a timely manner and
should Stein have removed the
tank when notified, there would not be any charges applied to Stein
taking his property.
Continental and The Management will present witnesses who will testify
to the failure of the
SEALMASTER product, purchased and used by Continental.
Continental and The Management will present witnesses who will testify
that they had to reapply material at
the cost of The Management and Continental to make good for the failed
SEALMASTER product.
Continental and The Management will present witnesses that will
testify that SEALMASTER and Stein were
aware of the order to vacate the 562 Ridge Road property as a result
of the fire of July 1998.
Continental and The Management will present a document that will show
the SEALMASTER documents
submitted to the court are falsified.
Continental and The Management will present witness that will testify
that Continental did not want to
dispute SEALMASTER on any matters.
Continental and The Management will present documents that were
originated post suit where Stein claims
he does not have a lawsuit against The Management and that he is not
suing The Management.
The facts and testimony will prove that Continental and The Management
do not owe Stein or
SEALMASTER and that Stein and SEALMASTER owe The Management.
HPS
Giles Porth <kimbe...@aol.com> wrote in message
news:2de35fef.01123...@posting.google.com...
> SEALMASTER and Darrell Stein have continually misrepresented the facts
Guess what Giles. We (still) don't give a flying fuck. So go shove yuour
head up your own arse.
The HPS