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IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`
`MARILYN J. DUNCAN, Executrix of the
`Estate of WARD H. DUNCAN, deceased,
`and MARILYN J. DUNCAN, in her own
`right,
`
` Plaintiffs,
`
`vs.
`
`A.O. SMITH CORPORATION, et al.,
`
`Defendants.
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`CIVIL DIVISION – ASBESTOS
`
`No. G.D. 22-000536
`
`HOWDEN NORTH AMERICA INC.,
`FORMERLY KNOWN AS HOWDEN
`BUFFALO, INC.’S AMENDED ANSWER
`AND NEW MATTER PLEADING
`SETTLEMENT AGREEMENT WITH
`PLAINTIFF
`
`Filed on behalf of:
`Howden North America Inc., formerly
`known as Howden Buffalo, Inc.
`
`Counsel of Record for this Party:
`
`Alba A. Romano, Esq.
`PA I.D. #51135
`
`Sandra L. Alven, Esq.
`PA I.D. #86458
`
`Mark E. Floyd, Esq.
`PA I.D. #208172
`
`Anne M. McFadden, Esq.
`PA I.D. #324198
`
`Joseph L. Orszulak, II, Esq.
`PA I.D. #63304
`
`RILEY, HEWITT, WITTE & ROMANO,
`P.C.
`650 Washington Road, Suite 300
`Pittsburgh, PA 15228
`(412) 341-9300
`
`Firm #987
`
`
`
`
`

`

`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`
`CIVIL DIVISION – ASBESTOS
`
`No. G.D. 22-000536
`
`
`
`MARILYN J. DUNCAN, Executrix of the
`Estate of WARD H. DUNCAN, deceased,
`and MARILYN J. DUNCAN, in her own
`right,
`
` Plaintiffs,
`
`vs.
`
`A.O. SMITH CORPORATION, et al.,
`
`Defendants.
`
`
`HOWDEN NORTH AMERICA INC., FORMERLY KNOWN AS
`HOWDEN BUFFALO, INC.’S AMENDED ANSWER AND
`NEW MATTER PLEADING SETTLEMENT AGREEMENT WITH PLAINTIFF
`
`NOW COMES Howden North America Inc., formerly known as Howden Buffalo, Inc. and
`
`files its Amended Answer and New Matter Pleading Settlement Agreement with Plaintiff and avers
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`as follows:
`
`1.
`
`Howden North America Inc., formerly known as Howden Buffalo, Inc. has
`
`appeared and pleads the effects of Pennsylvania Rule of Civil Procedure 1041.1(c) as an
`
`affirmative defense.
`
`2.
`
`Howden North America Inc., formerly known as Howden Buffalo, Inc. has reached
`
`a settlement agreement with the plaintiff through her counsel and pleads the same as an affirmative
`
`defense to all claims.
`
`WHEREFORE, Howden North America Inc., formerly known as Howden Buffalo, Inc.
`
`pleads release and satisfaction as an affirmative defense to all claims.
`
`
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`

`

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`
`Dated: September 11, 2023
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`Respectfully Submitted,
`
`By: /s/ Alba A. Romano
`Alba A. Romano, Esq.
`Sandra L. Alven, Esq.
`Mark E. Floyd, Esq.
`Anne M. McFadden, Esq.
`Joseph L. Orszulak, II, Esq.
`Riley, Hewitt, Witte & Romano, P.C.
`650 Washington Road, Suite 300
`Pittsburgh, PA 15228
`(412) 341-9300
`
`Counsel for Howden North America Inc.,
`formerly known as Howden Buffalo, Inc.
`
`
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`
`
`CERTIFICATE OF SERVICE
`
`
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`I hereby certify that a true and correct copy of the foregoing pleading was served
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`upon the following counsel by e-mail, this 11th day of September, 2023.
`
`
`
`Leif J. Ocheltree, Esqire
`Goldberg, Persky & White, P.C.
`11 Stanwix Street, Suite 1800
`Pittsburgh, PA 15222
`Counsel for Plaintiffs
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`and
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`All Known Defense Counsel of Record via E-mail
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`By: /s/ Alba A. Romano
`Alba A. Romano, Esq.
`
`
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`
`

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