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The Settlement Offer
"Not sure how Scott can't figure out by these words it's a real car not a toy. Perhaps I never will, You be the judge what do you think it says, after all it is from my Attorney, Right?" - Mark Towle, 2016
Mark Towle apparently has posted a copy of his entrapping settlement offer that he made to Scott Lee, dated March 1st, 2012 on a Batmobile Web Site.
Mark Towle is again trying to manage damage control while misleading all of you. Though the letter is genuine, it was clearly an attempt of deception upon Scott Lee. Mark Towle was responded to after this letter was received by Scott Lee and Scott Lee received no responses to his request for clarifications on Towle's ridiculous offer.
Scott Lee demanded to know specifics on what Mark Towle was offering. Scott Lee responded with a letter asking for a complete list of what Scott was being offered including detailed description of the replica as far as it's completion of the contract stipulations. Neither Mark Towle nor his Attorney even bothered to respond to Scott. Their little trap had not worked on Scott so they simply proceeded with the case.
- Mark Towle was demanding a dismissal of Scott Lee's case prior to delivery of anything.
- Mark Towle was demanding a dismissal with total prejudice.
- Mark Towle had left out many hard to obtain parts earned by Scott in his offer.
- Mark Towle had violated every agreement made with Scott for years prior.
- Mark Towle was not designating any of his work as completed in the contracts.
- Mark Towle was not defining if what he was offering was a full scale Batmobile.
- Mark Towle was not designating if the Replica was mounted as required by contract.
- Mark Towle was not designating if the body offered was a Butts body as contracted for.
- Mark Towle was making this offer with no Judge's Court Order to enforce it.
- Mark Towle was demanding free delivery of a Kiddie Ride he had abandoned.
- Mark Towle was demanding $250 a month storage fees not allowed per contract.
- Mark Towle demanded a 120 day forfeiture clause.
- Mark Towle demanded a release of all rights to Scott's own work prior to delivery.
- Mark Towle demanded a nondisclosure agreement to silence Scott even if Mark Towle broke his agreement and delivered nothing or Scott suffer pain of monetary penalty.
"Mark Towle refused any requests for clarification on his offer and would not respond to my requests. At this point I knew better than to ever trust a word this guy had to say."
Clearly by not responding to Scott Lee's requests for modification to expressly define the kit, the missing parts, the chassis, his performance toward the contracts, Mark Towle proved to Scott Lee that he was again attempting to entrap Scott Lee in another no win bait and switch situation. Because this offer was made that Scott would have to dismiss his case prior to any delivery, Mark Towle could have and likely surely would have not allowed anything in Scott's hands as he had done for many years prior. Mark Towle was demanding a dismissal with prejudice which meant that after Mark Towle chose not to deliver anything to Scott Lee, Scott would have no recourse and would not be able to refile another Law Suit against Mark Towle within California, West Virginia, nor anywhere.
By this time, Scott Lee was never ever going to trust Mark Towle in the least. Mark Towle had trapped Scott's work on his web servers. Mark Towle, had invented many false accusations against Scott and shortly thereafter sued Scott with heinous and dishonest malice and intent.
Clearly anyone can see that this was a trap designed to again cheat Scott Lee. Mark Towle could have simply not done what he promised again and walked away with no judgment on him, not having to pay Scott Lee a thing while keeping Scott from warning others about Mark Towle and Kory Geick. His offer demanded a squelch clause which meant that after Mark Towle had cheated Scott one final time, Scott would have had to remain silent like many of Mark Towle's other victims that signed a settlement agreement just to stop the drain of legal expenses forced upon them and to get some of their money back.
Scott has been contacted since, by someone that claimed to be one of Mark Towle's settlement victims that said he was tired of waiting for Mark Towle to pay him his money as Mark Towle had promised in their settlement agreement. Evidently, Mark Towle has plenty of money to pay his attorneys but little to pay his victims even after a settlement agreement.
Mark Towle was also demanding storage fees of $250 a month and not stating when they would begin. Both of the contracts between Scott and Mark Towle stated no storage fees ever. Mark Towle had caused years of delay and had made it impossible for Scott Lee to come and pick up anything from him, even after Mark Towle stated Scott Lee owned these items outright, so storage fees was absolutely out of the question. Mark Towle would have likely denied Scott the ability to pick anything up, made more excuses and then demanded storage fees from Scott. Mark Towle was attempting another bait and switch.
In addition, Scott Lee had been informed by another Batmobile Builder that Mark Towle had contacted this builder to buy a kit that was sculpted and not molded off the original 1966 Batmobile and told this Builder the kit he was inquiring about was for Scott Lee. This meant that likely what Mark Towle was planning, even if he was to deliver anything, likely could or would have delivered a stripped down chassis, a kit from another source and not the kit Scott had contracted for nor any of the work done that Mark Towle promised by contract to complete in either the first nor second contract.
Again, here we have Mark Towle pushing posts on the Internet and attempting to convince people that he made a genuine offer when he made nothing of the sort. Again, Scott stresses that Mark Towle and his attorney did not respond to Scott Lee's objections and requests for clarifications. Anyone with half a brain can see that this offer was not genuine at all but only a ploy to get Scott to drop his Lawsuit and then not be able to refile it a second time after Mark Towle again refused to do what he had promised. Mark Towle's word as a Man with any honor whatsoever has been proven to be less than worthless when given to Scott Lee. The letter posted on another Web Site by what appears to be Mark Towle is below with Mark Towle's sarcastic handwriting on it.
Being that his attorney sent the letter means absolutely nothing in being able to later enforce Mark Towle's offer once he refused to honor it. The order if signed at all would have been signed by a Judge in West Virginia whom would have had little power over enforcing this violation in California. Mark Towle's offer was disingenuous in every way and was only another attempt to bait Scott into one more agreement that Towle had no intention of keeping. Mark Towle continued to attempt to bait Scott Lee as well as the Court in an assortment of ways all through their cases.
Now all of you as well as Mark Towle know why Scott Lee could not tell if his offer was for a driving full sized Batmobile. His offer intentionally failed to state that is was,... and when asked to further define particulars in his offer, Scott received no responses at all.
It's clear that he lists the chassis and the body separately and not mounted nor as one unit. The word mounted is not within the offer in any way. An automobile Body as a description does not mean it is a driving car, as much as Mark Towle would like to convince people now. In fact a model kit from Johnny Lightning comes with an automobile body and all of the other parts Mark Towle listed in his offer.
By the non-specific terms of his letter, Mark Towle simply could have delivered a Johnny Lightning Batmobile model kit and then walked away. If Mark Towle's offer had been genuine, Scott would not have been completely ignored when he requested specifics.
After many weeks of no responses, Scott was invited to the offices of Mark Towle's attorney to discuss a settlement, and that also turned out to be a Bait and Switch. If Mark Towle's offer would have ever been genuine what happened next would have been out of the question.
When Scott Lee arrived at the offices of Martin and Seibert to discuss a settlement with Glen Franklin Koontz Scott thought they were willing to give him the specifics or at least discuss them. What happened next was disgraceful. Scott was told they wanted to hammer out an agreement, but once Scot agreed to travel an hour and a half to meet Towles attorney. He was placed in an office alone with the door closed behind him and told to wait for Glen Franklin Koontz. When the door opened 15 minutes later, it was not Koontz that entered but a process server that served Scott Lee with Mark Towle's fraudulent Lawsuit from California which Scott had to battle for years to ultimately have dismissed. Mark Towle's request that Scott Lee meet with his attorney to discuss an agreement was nothing more than a flagrant bait and switch trap into another Lawsuit. Mark Towle has proven continually to Scott Lee that he can never, ever be trusted.
Scott Lee filed a complaint against Glen Franklin Koontz for behavior not becoming of an Attorney and the Lawyer Disciplinary Board of West Virginia placed a a formal admonishment against Mr. Koontz for his behavior in the case and this formal admonishment is now part of this attorney's permanent record.
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| "Mark Towle set more Poison cheese out for me expecting me to fall once again for his Bait and Switch Traps, but I had learned the hard way not to ever trust him again and I didn't bite!" |
"Mark Towle's attorney, Glen Franklin Koontz requested I travel to his offices so I could have a sit down with him and discuss coming to an agreement to settle my West Virginia lawsuit against Mark Towle. When I arrived I was placed alone in an office at a large table with the door closed behind me.
After a wait of 15 minutes the only one that came in the door was a process server to serve upon me Mark Towle's Lawsuit from California. Mark Towle's attorney had lied to me and brought me in only to have me served with a heinous frivolous Lawsuit. He had no intentions of discussing anything with me, in fact I never saw him in those offices. I was again the victim of another Bait and Switch by Mark Towle!"
SCOTT LEE DOES NOT RECOMMEND EVER DOING BUSINESS WITH MARK TOWLE NOR KORY GEICK IN ANY WAY!