The URL can be used to link to this page

Home My WebLink About08-4314IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 84 LUMBER COMPANY, L. P., Plaintiff, No. 68 - 00 (2 ; c..s ? Lr--7? vs. FRED MILLER also known as FRED C. MILLER, as Personal Guarantor, Defendant. COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID #38527 CHRISTOPHER M. BOBACK, ESQUIRE PA ID #91730 SHAWN P. MCCLURE, ESQUIRE O PA ID #205951 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. C0067715 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 84 LUMBER COMPANY, L. P., Plaintiff, VS. Civil Action No. FRED MILLER also known as FRED C. MILLER, as Personal Guarantor, Defendant. NOTICE AND COMPLAINT NOTICE TO DEFEND 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 upon you, 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 Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 REDUCED FEE OR NO FEE. Lawyer Referral Service PA Bar Association PO Box 186 Harrisburg, PA 17108 1-800-692-7375 8. Plaintiff avers that the balance due, including interest, as of November 27, 2007 amounts to $19,785.68, as is more specifically shown by Plaintiffs Accounts Receivable Open Invoice Evaluation, a true and correct copy of which is attached hereto, marked Exhibit "3 ", and made a part hereof. 9. Plaintiff avers that the agreement between the parties provides for finance charges at the rate of 1.5% per month on the unpaid balance. 10. Plaintiff avers that finance charges at the aforesaid rate amount to $2,190.25 from November 30, 2007 through July 11, 2008. 11. Plaintiff avers that the agreement between the parties provides that Defendant will pay Plaintiffs reasonable attorneys' fees. 12. Plaintiff avers that such reasonable collection costs (including reasonable attorneys' fees) will amount to $5,433.30. 13. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the aforesaid balance, finance charges, attorneys' fees, or any part thereof to Plaintiff. UMBER 14 8, HsPtREZi 7 se's l; ?- Ps"s LUMBER 1: OMPANY Fix AIMS, by Ood?:.. ,.w O"PI WWA 100 MwWn+w?e+?s. :, R l1t a1MIV, /?? ItiRrwt NW! M attar Plmow of Q L?r/R?M? r 0,6-wC 1Z " b am--ftr - ?dly >Dp GtON:?!?ae•,?` ? r tl:e"?.-r,... a46 Mao. ? Qo0/• ? x ii • Je 1 w.arm. 7_t_..Lt_.93.apmu AA Tip:mu_...!l. _ 7afLS2 .. ayFt?lu/mm ire" 1GyywIr W a oaRailer OIM?aolid/? ?otw • Mw t??wt? ry? ?s?,,,, G.,e xd A _ f?}r71 tt?s.Zi1Mt! ?.9AOWA*CII/M A/mt?t ___.. Aoe?RNv raGra,. r,,.tin/olCntl attnauai uEt? ww utmom/d Irdry >?t/c .?.. ? nw ?? /M. M...rr r to to ?'fiAEkfAftYk1lYITi'A?F` • ? '`7 UNaORi71?gT rzu.._.... w _.?...._._ maw .?.... worm A&M i e?4 NTwp an M?CWW W T:? An" f t Y M K aMNAWM TON OIICW ASR AM MM AND TW I H" 404 ALL Or 7W Ys1 W AM V tl ll{1fMr 7t? "RI OAMt A W31wiIl " IIIY! 11110 P= OF MY xmow , m M40" ?e?p+I f rt t •. t t. ** tOTAZ PAGE.A1 ** EXHIBIT t? CONTRACTOR • COMMERCIAL CRED AGREEMENT TSRMS:IAwD coNDMONS Applicant and.Parsonal-Guarantor signing this Contractor - Commercial Credit Application r4pkaliott? agree to accept credit extended by B4 Lumber Company 0841 subject to the following terms and conditions: th M?' 1. ? . _ 7'' 1: A NUMBER-INVOICE SHALL BE FURNISHED WITH EACH PURC $ASE-THE CUT-QFF,?pITE F.O&?MpA MTHLY BILLING is THE 3NENTY FIFTF!•(25TH). A$ILL/STATEi?AEM OF THE TRANSAf,Tlpfii tNiLL 8ENTT{APPtC;iCN'f ANl)'MUST BE PAID IN FULL NO LATER THAN THE TENTH (10TH) OF THE MONTH NEXT FOLLOWIND TW ,Q F RATE '' -A flNANCE"T-E-eHARGE VAL•L BE ASSESSED AT 1 s% PER -MONTH, Y 1411CH I.9-18% PER ANNUM, ON THE BALANCE THAT is PAST DUE; 2. Applicantagrees to grant and 84 Is retaining a Purchase Money Saourity Interest under the Uniform Commercial Code on the building materials, purchased on Applicanrs account until such building materials are paid for In full; 3. All bOCrng errors must be reported tots 84 Credit Department-in writing withtn -thirty ($0) days alter B4 has sent Applicant the first statement on which the error appears. Applicant agrees to Immediately notify the.84.Gradli Depactroert in writing of any unauthorized purchases-en Applicanf's account; 4. 84- shall have-thrz right to rely upon all reasonable representations of persons representing themseives* 156 agents of Appicant as to authority to make purchases on Applicant's acxxaunt un d_ the 84 Cred?i Departrnerri receivssprior.wt#tten notil,cati an from ,r?r eaM limiting agents authorized to make pure %sm; .5. Appliinentagraes to have-an ageet.st job sites to rign itivoices or bits of lading. Fallure to do so will. constitute a Iegal.acoeptersCe by Applicant of building -materials delivered a en-thougharo:llW. 61be or bill of lading has been signed. Applicant must notify the applicable 84 store in writing of all claims for errors, shortages,-damages and'defects within twenty-lour (24) hours of delivery; fi. Applicant agrees.to fumish the Applicable .84 stone. with an address.and legal description for each Job sits rribere.piuchased building' materials are used; 7. 84 has the right tta rigse Appic:arrt'sotlfrt at any time, with or yrlthout cause, change the temrs and rgnditions or set). assign or transfer Appicenrs mount upon written notification "to Applicant from the-84 Credit Department. Applicant agrees to notify the s4 Credit Deparment ln-writing of AMAcanre desire to close AppliaWs arx:alint, change of address or change in legal bustrese status; 8. IF THIS ACCOUNT IS PLACED FOR COLLECTION, APPLICANT AND PERSONAL GUARANTOR AGREE TD PAY 84 RERSONABLE ATTORNEYS FEES AND COSTS,--INCLUDING-FEES-AND COSTS.FOR-MECHANIGS? TENS; 9..Agpiic M and Personal Guarantor hereby, authofte any and all 4ank% credit, reporting agencies, principal trade references lamed on this Appication, or any ottw credit source available to fumish credit irtforrtaftan to BC Appiicant gives 84 permission to tumiah business -soliichation inlorr ietfon oboui;Appilcant-to tt>ir i-parlies; _ 10. 'Applicant agrees that any credit extended hereunder is strictly commercial credit and does not arise .out of a consda»er transaction and Is ---therefors7iot governed by: applc Wo federal or state consumer credit regulations;. .11: The entire agreement of the parties is set forth iii this written document and there are no other oral or written understandings, promises, riOtabor>s •nragreerneriis. This Agreement mnrwt be modired of gfftietti9ed exoePt by a written document signed by both Applicant and the 64 CoM Department; and this Agreemkit'siudF supers&& all ?revio tommunicatlons, representations. or agreements, either verbal•or written, between the Parties hereto. This AWeeff erftstteil-eke'precedence, superoeds, and control over any conflating or additional terms contained In purchase orders, oontracts or other similar documents Issued or executed by the parties and no such documents shall be binding upon 84 unless approved and signed by the 84 Credit Department; 12. The waterer or Invalidity of any provision herein shall not affect the validity of any ofttQr provision herein; 13, in no event shall 84 be liable for liquidated, Incidental or consequential damages In cormection with buifdtrtg materials or servtges purchased by Applicant 44 disciaims any express or implied waffw*as of -merchantability or fitness-tor a particular purpose. on building materials or services purchased by Applicant; 14. This Agreement shall be governed by and construed In accordance with the laws cif rthe Commonwealth of Pennsylvania; 15. Any claim by Applicant against 84 shall to settled by final and binding arbitration in accordance with the Commercial,Atbthw ion Rules of the American-hAltration. Association and judgement upon the award rendered by the arbitrator or arbitrators may be entered in any court having Jurisdiction thereof; 1.&. All written notices to S4 by Appiew-required.under this Agreement shall be sent Certifled Mail - Retum:.Reoelpil Requested to: S4 L.umtx Cornpany, Credit Department, Building #2,1018 Rotrta'a18; Irghty Four, Pennsylvania 15330-2313; 17. Applicant agrees not to wi thhold, setoff, deduct or retain_payment against amounts due 84 on this AooWnt for any alleged claims or .charges. ; ., . OFFICE COPY STORE: HIGHSPIRE << DUPLICATE COPY / REPRINT >> ASSOCIATE: RYAN STEPHENSON / RYAN STEPHENSON 05/02/07 08:03 Please Remit to: 84 Lumber, P.O. Box 365, Eighty Four Pa. 15330-0365 P.O.S.# QTY DESCRIPTION PRICE *• DELIVERED Special Order Item: V:ADMN 88425 1 200 SERIES PSGPD DOO 53296 1,230.25 -0 HANDING:LS TRIM FINISH TRIBECA WHITE EXT KEYED LOCK TRIG WHITE OAK THRESHOLD;SILL SUPPOR GLIDING INSECT SCREEN (BASEMENT) Special Order Item: V:ADMN 88425 1 200 SERIES TILT WASH 53296 244DH3060 4-9/16 FRM DEPTH EXT:WHITE INT:PRE FIN WHT LOW E TEMPERED GLASS FINELIGHT GBG; COLONIAL FOLLOWING WINDOWS TO BE EXT:WHITE INT:PRE-FIN WHT LOW E GLASS FINELIGHT GBG; COLONIAL WITH WHITE INSECT SCREENS 4-9/16 FRAME DEPTH Special Order Item: V:ADMN 88425 7 200 SERIES TILT WASH 53296 244DH3060 HANDING:AA Special Order Item: V:ADMN 88425 1 200 SERIES TILT WASH 53296 244DH3049-2 HANDING:AAAA Special Order Item: V:ADMN 88425 5 200 SERIES TILT WASH 53296 360.72 311.69 581.38 272.31 0225-32700 EXTMED 1,230.25 360.72 2,181.83 581.38 1,361.55 PAGE 1 OF 2 D0i161T _,1- OFFICE COPY STORE: HIGHSPIRE << DUPLICATE COPY / REPRINT >> ASSOCIATE: RYAN STEPHENSON / RYAN STEPHENSON 05/02/01 06:03 0225-32700 Please Remit to: 84 Lumber, P.O. Box 365, Eighty Four Pa. 15330-0365 P.O.S.# QTY DESCRIPTION PRICE EXTENDED 244DH3049 HANDING:AA Special Order Item: V:ADMN 88425 2 200 SERIES TILT WASH 53296 270 82 244DR2060 HANDING:AA . 541.64 Special Order Item: V:ADMN 88425 1 200 SERIES TILT WASH 53296 629 39 244pH2060-2 HANDING:AA . 629.39 Special Order Item: V:ADMN 88425 2 200 SERIES TILT WASH 53296 664 18 244DH3060-2 HANDING:AAAA . 1,328.36 Special Order Item: V:ADMN 88425 2 200 SER TILT WASH PI 53296 275 58 244FX4649 HANDING:F . 551.16 Special Order Item: V:ADMN 88425 1 200 SERIES TILT WASH 53296 301 06 244DH2860 HANDING:AA . 301.06 Special Order Item: V:ADMW 88423 2 3060 200 SEEIES 53300 283.34 566 68 7130900 4 SHIMS CEDAR 1_2" 1 99 . 739500 6 PROTECPO 9X100 WINDOW TAPE . 39 00 7.96 5498400 24 18156 CLEAR ACR LTX W/SILC . 2 95 234.00 , 70.80 ----------------- ------ _ ------ -------------------------- CODE: 0066022500-000-000 SUBTOTAL 9,946.78 -__ JOB: LOT #14 P.O. # LOT #14 IC Pte: 23682 TAX FCM BUILDERS INC 596.81 TOTAL $10,543.59 1510 THONU+SON LANE MECHANICSBURG, PA 17055 A.R. 10,543.59 (717) 648-1859 Customer acknowledges receipt of the above goods in the quantities and prices shown and agrees to pay 84 Lumber Company in accordance with the Credit Agreement Terms and Conditions, the prior disclosure of which is acknowledged. Past due invoices will accrue interest at 1.5 it per month. Customer Signature: Name (Print): PAGE 2 OF 2 OFFICE COPY STORE: HIGHSPIRE << DUPLICATE COPY / REPRINT >> ASSOCIATE: RYAN STEPHENSON / RYAN STEPHENSON 05/02/07 08:05 Please Rewit to: 84 Lumber, P.O. Box 365, EightY Four Pa. 15330-0365 P.O.S.# QTY DESCRIPTION PRICE LOT #14 EXT DOORS 3/0 RH 607MN STEEL W/BRUSHED NICKEL HINGES DOOR W/NICKEL CANING 6-9/16" JAMBS STD & DS W/2 12" 422MN SIDE Special Order Item: V:MLKM 88422 1 AND 521MN TRANSOM 53338 OR•R• 15-LITH STEEL DOOR W/6-9/16" JAMBS BRUSHED NICKEL HINGES; STD & DB BORE Special Order Item: V:MLKM 88422 2 2/8 LH 53338 Special Order Item: V:MLKM 88422 1 2/8 RH 53338 6-PANEL 20-MINUTE FIRE DOOR; 6-9116" JAMBS BRUSHED NICKEL HINGES STANDARD BORE Special Order Item: V:MLKK 88422 1 2/8 LH 53338 1,458.00 227.57 227.57 213.43 0225-32701 EXTENDED 1,458.00 455.14 227.57 213.43 PAGE 1 OF 2 OFFICE COPY STORE: HIGHSPIRE << DUPLICATE COPY / REPRINT >> ASSOCIATE: RYAN STEPHSNSON / RICAN STEPHENSON 05/02/07 08:05 0225-32701 Please Remit to: 84 Lumber, P.O. Box 365, Eighty Four Pa. 15330-0365 P.O.S.# QTY DESCRIPTION PRICE EXTENDED --- -------------------------------------- CODE: 0066022500-000-000 SUBTOTAL JOB: LOT #14 P.O. # LOT #14 2,354.14 IC Pte: 5604 TAX 141.25 FCM BUILDERS INC $2,495.39 1510 TBOMpSON LAM TOM MECHANICSBURG, PA 17055 A.R. 2,495.39 (717) 648-1859 Customer acknowledges receipt of the above goods in the quantities and prices shown and agrees to pay 84 Lumber Company in accordance with the Credit Agreement Terms and Conditions, the prior disclosure of which is acknowledged. Past due invoices will accrue interest at 1.5 V per month. Customer Signature: Name (Print): PAGE 2 OF 2 OFFICE COPY STORE: HIGHSPIRE << DUPLICATE COPY / REPRINT >> ASSOCIATE: RYAN STEPHENSON / RYAN STEPHENSON 05/02/07 08:11 0225-32703 Please Remit to: 84 Lumber, P.O. Box 365, Eighty Four Pa. 15330-0365 P.O.S.# QTY DESCRIPTION PRICE EXTENDED ANDERSON WINDOW Special Order item: V:ADCR 88424 1 1/8X3/10-1/8X3/10-1/ 53317 992.61 992.61 TRIPLE FIXED WINDOW WHITE EXT/PREFINISHED WHITE INTERIOR LOW-E GLASS ORIG QUOTE #001661 2/6/07 -- -------------------------------- ^------------T?-------- --------------------- CODE: 0066022500-000-000 S?Z,?,? JOB: LOT #14 992.61 FCM BUILDERS INC P.O. # LOT#14 IC Pts: 2362 59.56 1510 THOMPSON LAM TOTAL $1,052.17 MECHANICSBURG, PA 17055 A.R. 1,052.17 (717) 648-1859 Customer ComPanospany in edges receipt accordance of the above goods in the quantities and prices shown and agrees to pay with the Credit Agreement Tezms and CO d itions, the prior disclo ure s of which is acknowledged. Past due invoices will accrue interest at CO per month. Customer Signature: Nana (Print) : PAGE 1 OF 1 OFFICE COPY STORE: HIGHSPIRE DUPLICATE COPY / REPRINT >> ASSOCIATE: RYAN STEPHENSON / RYAN STEPHENSON 05/02/07 08:15 0225-32705 Please Remit to: 84 Lumber, P.O. Sox 365, Eighty Four Pa. 15330-0365 P.O.S.# QTY DESCRIPTION PRICE EXTENDED FIRE DOOR 2/8 X 6/8 1-3/4 20 MINUTE CAMDEN; 6-9/16 PRMD 20 MIN JMB & BM; 2 SATIN NICKEL SPRING HINGES; 1 INSWING 2/8 RH 20 MIN 6-PANEL FIRE DOOR; SATIN CHROME Special Order Item- V:MLKM 88422 1 HINGES; STANDARD BOR 53419 213.21 213.21 ----- ------------------ --------------------------------- CODE: 0066022500-000-000 SUB707AL JOB: LOT #14 P.O. # LOT #14 213.21 IC Pte: 506 TAX 12.79 FCM BUILDERS INC TOTAL 1510 THOMPSON LAMB $226.00 MECHANICSBURG, PA 17055 A.R. 226.00 (717) 648-1859 Customer acknowledges receipt of the above goods in the quantities and prices shown and agrees to pay 84 Lumber company in accordance with the Credit Agreement Terms and Conditions, the prior disclosure of which is acknowledged. Past due invoices will accrue interest at 1.5 t per month. Customer Signature: Name (Print): PAGE 1 OF I OFFICE COPY << DUPLICATE COPY / REPRINT » ASSOCIATE: RYAN STEPHENSON / RYAN STEPHENSON 05/02/07 08:20 Please Remit to: 84 Lumber, P.O. Box 365, Eighty Four Pa. 15330-0365 P.O.S.# QTY DESCRIPTION FLEX TRIM REGENTS GLENN Special Order Item: V:WSPM 88449 1 12' FLEX TRIM POS#01 53344 PROFILE #445 Special Order Item: V:WSPM 88449 112 956 PRIMED PINE 53345 7 PIECES AT 16' 11/16X4-1/4 Special Order Item: V:WSPM 88449 112 WM302 PRIMED PINE 53345 7 PIECES AT 16' 1-1/16X2-3/4 SILLS FOR REGENTS GLENN 1266000 90 1X8 PRIMED FINGER'JOINT STORE: HIGHSPIRE 0225-32707 PRICE EXTENDED 65.99 65.99 0.60 67.20 0.91 101.92 1.79 161.10 -^ - ---------------------------------------------------------------------------------- CODE: 0066022500-000-000 SUBTOTAL 396.21 JOB: REGIONS GLENN P.O. # REGENTS IC Pts: 661 TAX 23.77 FCM BUILDERS INC TOTAL $419.98 1510 THOMPSON LANE MECHANICSBURG, PA 17055 A.R. 419.98 (717) 648-1859 Customer acknowledges receipt of the above goods in the quantities and prices shown and agrees to pay 84 Lumber Company in accordance with the Credit Agreement Terms and Conditions, the prior disclosure of which is acknowledged. Past due invoices will accrue interest at 1.5 * per month. Customer Signature: Name (Print): PAGE 1 OF 1 OFFICE COPY STORE: HIGHSPIRE << DUPLICATE COPY / REPRINT >> ASSOCIATE: RYAN STEPHENSON / RYAN STEPHENSON 05/02/07 08:21 0225-32708 Please Remit to: 84 Lumber, P.O. Box 365, Eighty Four Pa. 15330-0365 P.O.S.# QTY DESCRIPTION PRICE EXTENDID Special Order Item; V;MGMR 88441 2 SCHLAGS DEADBOLT SAT 53372 25.99 51.98 DELIVERED AT CLOSING Subtotal ----> 51.98 __ ------------------------------------ CODE: 0066022500-000-000 SUBTOTAL 51.98 JOB: LT/38 IC Pts: 122 TAX 3.12 FCM'BUILDERS INC TOTAL 1510 THOMPSON LANE $55.10 MECHANICSBURG, PA 17055 A.R. 55,10 (717) 648-1859 Customer acknowledges receipt of the above goods in the quantities and prices shown and agrees to pay 84 Lumber Company in accordance with the Credit Agreement Terms and Conditions, the prior disclosure of which is acknowledged. Past due invoices will accrue interest at 1.5 t per month. Customer Signature: Name (Print): PAGE 1 OF 1 Vi +l j 3 Cko V , c? J Ln J ? O H W r N tj N n q y t? 00 r ?y ] O tq G T N H O? ? LIJ N O J N N r O q q N 3 IG b p ( j O H n ?Q ? H$ ? ? r H yy ? ag O f A 's ?J l7 ~f. " n !A xi d N N a ? 41 p y J H y O ? 7 Ff .. o o n r p ?u n n K1 pJ w 0 ? o r O y z o 18 Invoice 32708 Not Found for 0225 Invoice 70526 Not Found for 0225 OFFICE COPY STORE: HIGHSPIRE << DUPLICATE COPY / REPRINT » ASSOCIATE: KAVON MOSTATABI 10/10/07 03:33 0225-36504 Please Remit to: 84 Lumber, P.O. Box 365, Eighty Four Pa. 15330-0365 P.O.S.# QTY DESCRIPTION PRICE EXTENDED INSTALLED BILLING FOR: INSULATION 228-0 MIDDLESEX 2-STORY INSTALLED INSULATION -------------------------------------------------------------------------------------------------------- i CODE: 0066022500-000-000 SUBTOTAL 3,884.05 i JOB: FCM BUILDERS INC TOTAL $3,884.05 1510 THOMPSON LANE MECHANICSBURG, PA 17055 AR Bill: 3,884.05 (717) 648-1859 Customer acknowledges receipt of the above goods in the quantities and prices shown and agrees to pay 84 Lumber Company in accordance with the Credit Agreement Terms and Conditions, the prior disclosure of which is acknowledged. Past due invoices will accrue interest at 1.5 $ per month. Customer Signature: Name (Print): PAGE 1 OF 1 ARN5417 84 LUMBER COMPANY 11/27/07 03:28 pm ACC. REC EIVABLE OPEN INVOICE EVALUATION PAGE 1 INVOICE INC DATE INC AMT COLL DATE COLL AMT BALANCE AGE 022500660 00 FCM BU ILDERS INC FREEZE 04/11/07 (SR) LIMIT 25,000 STORE 02 25 HIGHSPIRE 0032700 05/02/07 10,543.59 10,543.59 > 120 0032701 05/02/07 2,495.39 2,495.39 > 120 0032703 05/02/07 1,052.17 11052.17 > 120 0032705 05/02/07 226.00 226.00 > 120 0032707 05/02/07 419.98 419.98 > 120 0032708 05/02/07 55.10 55.10 > 120 0070526 05/26/07 1,109.40 1,109.40 > 120 INT 0036504 10/10/07 3,884.05 3,884.05 01 - 30 CUSTOMER BALANCE: 19,785.68 EXHIBIT ,? \3 ' April 25, 2008 Page 4 VERIFICATION The undersigned does hereby verify under penalty of perjury, that he/she is I -A2(1( SisfOYff of qyU .her Q , Plaintiff herein, that he/she is duly authorized to make this Verification and that the facts set forth in the foregoing COMPLAINT are true and correct to the best of his/her knowledge, information and belief. f kam?n ?.? (Sign in Blue Ink) CD D 00 C7 ^'' .` (C(A T ?' `- 9M SHERIFF'S RETURN - REGULAR CASE NO: 2008-04314 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND 84 LUMBER COMPANY LP VS MILLER FRED SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MILLER FRED A/K/A FRED C MILLER AS PERSONAL GUARANTOR the DEFENDANT A FRED C MILLE at 0020:27 HOURS, on the 24th day of July , 2008 at 1510 THOMPSON LANE MECHANICSBURG, PA 17055 FRED MILLER DEFENDANT by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.00 Affidavit .00 Surcharge 10.00 7la w/o 9, .00 4 2 . 0 0 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/25/2008 BERNSTEIN LAW RM By: ep ty Sheriff of A. D. s + 84 LUMBER COMPANY, L.P., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO: 08-4314 FRED MILLER a/k/a FRED C. MILLER, as Personal Guarantor, Defendant ANSWER TO COMPLAINT AND NOW, comes the Defendant, Fred Miller a/k/a Fred C. Miller, as Personal Guarantor, by and through his counsel, Cunningham & Chemicoff, P.C., who submits his Answer to Plaintiffs Complaint and in support thereof avers as follows: 1. Defendant is without sufficient information or knowledge to form a belief as to the truth of the matter asserted. Therefore, the same is denied and strict proof thereof is hereby demanded at the time of trial. 2. Admitted. 3. This allegation refers to a writing which is the best evidence concerning the subject of such an averment. Any legal conclusions derived by Plaintiff from such writings, do not require a response. To the extent that a response is judicially deemed to be required, it is specifically denied. 4. Denied. Goods were ordered and shipped to FCM Builders. 5. Denied. Goods were ordered and shipped to FCM Builders. 6. This allegation is a conclusion of law to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. 7. This allegation is a conclusion of law to which no response is required. To the • extent that a response is judicially deemed to be required, it is specifically denied. 8. Denied. This allegation is a conclusion of law to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. By way of further answer, Defendant believes, and therefore avers, that all payments made to date may not have been properly credited and a strict accounting of all payments received, applied and alleged to be due and owing is demanded, if relevant, at the time of trial. 9. This allegation refers to a writing which is the best evidence concerning the subject of such an averment. 10. Denied. This allegation is a conclusion of law to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. By way of further answer, Defendant believes, and therefore avers, that all payments made to date may not have been properly credited and a strict accounting of all payments received, applied and alleged to be due and owing is demanded, if relevant, at the time of trial. 11. This allegation refers to a writing which is the best evidence concerning the subject of such an averment. 12. Denied. This allegation is a conclusion of law to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. By way of further answer, Defendant further specifically denies the amount set forth for "reasonable" attorney fees as Plaintiff has not set forth how such fees were calculated nor has Plaintiff established that such fees are reasonable under the circumstances. Furthermore, it is believed, and therefore Ar 46 averred, that such fees and costs are not reasonably related to the difficulty or extent of work necessary to complete the litigation initiated in this matter, and strict proof thereof, is demanded, if relevant, at the time trial. 13. Admitted in part and denied in part. It is admitted that Plaintiff has not paid the alleged balance, finance charges and attorney fees alleged to be due and owing to Plaintiff. Whether the balances set forth in Plaintiffs Complaint are due and owing, is a conclusion of law to which no response is required. To the extent that a response is judically deemed to be required, it is specifically denied. By way of further answer, Defendant believes, and therefore avers, that all payments made to date may not have been properly credited and a strict accounting of all payments received, applied and alleged to be due and owing is demanded, if relevant, at the time of trial. Furthermore, Defendant specifically denies the amount set forth for attorney fees as Plaintiff has not set forth how such fees are calculated nor has Plaintiff established that such fees are fair and reasonable under the circumstances. It is believed, and therefore averred by Defendant, that such fees and costs are not reasonably related to the difficulty or extent of work necessary to complete the litigation initiated in this matter, and strict proof thereof is demanded, if relevant, at the time of trial. WHEREFORE, Defendant hereby respectfully requests that Plaintiffs Complaint against Defendant be dismissed with prejudice, and that this Court grant Defendant such further relief as is just and proper. bmitted, Date: August 8, 2008 By: PAS prem Kell e urt I #23380 M. Knig ,Esquire PA Supreme Court ID #87365 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 Aug 07 08 04:21 p -717 238'4809" Miller 717-697-4230 p.1 15.39:36 08.07-2008 7 !7 VERIFICATION I, Fred Miller aWa Fred C. Miller, verify that the statements made in the foregoing ANSWER TO COMPLAIII are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. By: Fred Miller a/Va Fred C. Miller Date: ?I 7 . O P , 2009 84 LUMBER COMPANY, L.P., Plaintiff V. FRED MILLER a/k/a FRED C. MILLER, as Personal Guarantor, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-4314 CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chemicoff, P.C., certify a true and correct copy of the ANSWER TO COMPLAINT will be served by first class U.S. Mail and/or electronic means on the following parties indicated: Shawn P. McClure, Esquire Bernstein Law Firm, P.C. Suite 200 Gulf Tower Pittsburgh, PA 152198 GHAM Date: August 8, 2008 Julieanne Ametrano COFF, P.C. F:\Home\KKNIGHTDOCS\MILLER.FRED\84 Lumber Company\Answer to C? ,v C c? d T7 Ct7