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Home My WebLink About13-3828 Supreme Co"' .P nsylvania For P rothonota ry Use O nl y : Cour offCommo . leas n' �: T � ill Ct i Docket No Cover�Sh�et S; � ' : ICU MBERLANfl County a The informalion collected on this form 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 lain or rules of court. Commencement of Action: S X Complaint MI; Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C McCUNE LUMBER COMPANY DANNY FORRESTER T Dollar Amount Requested: rwithin arbitration limits I Are money damages requested? El Yes E No (check one) Ooutside arbitration limits O N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? 0 Yes iX. No A Name of Plaintiff /Appellant's Attorney: Ryan P. Siney, Esq., c/o Tucker Arensberg, P.C. E' Check here if you have no attorney (are a Self - Represented lPro Sel Litigant) 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 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle E l Debt Collection: Other 0 Board of Elections 0 Nuisance Goods Sold /Delivered 0 Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include El Employment Dispute: F' mass tort) Discrimination 0 Slander /Libel/ Defamation C � Other: � Employment Dispute: Other � Zoning Board Other: T I Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES E3 Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration B 0 Other: 0 Eminent Domain /Condemnation 0 Declaratory Judgment Ground Rent 0 Mandamus 0 Landlord /Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: Medical Other: 0 Other Professional: Updated 1/1/2011 �t'.t71ii 0 �hla I -j@ cOUNTY p E N 14 S y U AS I A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MCCUNE LUMBER COMPANY 80 W. Burd Street, Shippensburg, PA 17257 Plaintiff Docket No.: V. DANNY FORRESTER 100 Fox Hill Road, CIVIL ACTION - LAW AND EQUITY Shippensburg, PA 17257 Defendant 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 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249 -3166 - Toll Free (800) 990 -9108 O,kk CY-4 % ) AVISO "Le han demandado en corte. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la accion en el plazo de veinte (20) dias despues de esta queja y se sirve el aviso, incorporando un aspecto escrito personalmente o y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted el abogado le advierte que que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted compra la corte sin aviso adicional para cualquier dinero demandado en la queja o para cualquier otra demanda o relevacion pedida por el demandante. Usted puede perder el dinero o la caracteristica de otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO HACE QUE UN ABOGADO VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER DE USTED LA INFORMACI6N SOBRE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO O NINGUN HONORARIO SERVICIO DE REFERENCIA LEGAL Cumberland County Bar Association 32 South Bedford Carlisle, Pennsylvania 17013 (717) 249 -3166 - Toll Free (800) 990 -9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MCCUNE LUMBER COMPANY 80 W. Burd Street, Shippensburg, PA 17257 Plaintiff Docket No.: V. DANNY FORRESTER 100 Fox Hill Road, CIVIL ACTION - LAW AND EQUITY Shippensburg, PA 17257 Defendant COMPLAINT AND NOW COMES Plaintiff, McCune Lumber Company, by and through its counsel, Tucker Arensberg, P.C., to state the following Complaint against Defendant, Danny Forrester, and in support thereof avers as follows: 1. Plaintiff, McCune Lumber Company, ( "McCune "), is a Pennsylvania corporation with a business address of 80 W. Burd Street, Shippensburg, PA 17257. 2. Defendant, Danny Forrester ( "Forrester "), is an adult individual with a last known address of 100 Fox Hill Road, Shippensburg, PA 17257. 3. McCune is a distributor of lumber and construction materials. 4. On or about May 3, 2011, McCune and Forrester entered into an arrangement whereby Forrester or Forrester's agents would place orders for goods from McCune, and McCune would duly provide those goods to Forrester or to another location as instructed by Forrester. 5. The goods ordered by Forrester and delivered by McCune were intended for commercial purposes related to Forrester's business activities, and were not for Forrester's personal or household use. 6. Forrester agreed to pay the amounts invoiced by McCune for the goods ordered, with payment to be made by Forrester no later than the due date printed on each invoice provided to him by McCune (always the 10` day of the next month after each invoice date). 7. Forrester agreed to pay interest of 18% per annum on all balances not paid the due date printed on each invoice. 8. The interest assessed by McCune is standard and customary in the industry. 9. Forrester or his agents placed multiple orders with McCune between May 11, 2011 and July 13, 2011, totaling $25,867.39. 10. McCune duly filled such orders, but Forrester has paid only $10,486.11 of the $25,867.39 balance, leaving an outstanding balance of $15,381.28. See Statement attached hereto as Exhibit "A" and invoices attached hereto as Exhibit "B." 11. McCune has voluntarily waived any interest accrued prior to August 14, 2011. 12. Interest has accrued on the outstanding balance of $15,381.28 as of August 14, 2011 in the amount of $5,211.09 (through June 30, 2013) and continues to accrue in the amount of $7.585 per day. 13. Despite repeated demand, Forrester has failed or refused to pay the outstanding principal balance of $15,381.28 and the accrued interest thereon. COUNT BREACH OF CONTRACT 14. The averments of paragraphs 1 through 13 above are incorporated herein as if set forth in their entirety. 15. McCune entered into an oral and written contract with Forrester, whereby McCune agreed to provide certain goods and Forrester agreed to pay for such goods. 16. The terms of the contract between McCune and Forrester required Forrester to pay McCune's invoices in full within thirty days of the invoice date (i.e. standard net thirty terms). 17. The contract between Forrester and McCune further required Forrester to pay interest at the rate of 18% per annum on the balance not paid by the due printed on each invoice. 18. McCune performed all of the obligations required by the contract between the parties, but Forrester has failed or refused to make payment as agreed. 19. Forrester's failure or refusal to pay McCune the outstanding balance of $15,381.28 constitutes a breach of the contract. 20. Forrester's failure or refusal to pay McCune accrued interest in the amount of $5,211.09 (as of June 30, 2013 and which continues to accrue at $7.585 per day) constitutes a breach of the contact. 21. McCune has suffered damages of at least $20,592.37 as a result of Forrester's breach of contract. . WHEREFORE, Plaintiff, McCune Lumber Company, respectfully requests this Honorable Court to enter judgment in its favor and against Defendant, Danny Forrester, in the amount of $15,381.28, plus interest in the amount of $5,211.09 through June 30, 2013 (and which continues to accrue at 18% per month or $7.585 per day), post judgment interest and such other relief which this Court deems necessary and just. COUNT II PROMISSORY ESTOPPEL 22. The averments of paragraphs 1 through 21 above are incorporated herein as if set forth in their entirety. 23. If Forrester takes the position that there is no contract between the parties, or that such contract is not valid or enforceable, then, in the alternative, Forrester is liable to McCune by way of promissory estoppel. 24. Forrester promised and represented to McCune that, upon ordering and acceptance of the goods provided by McCune, Forrester would pay McCune for the price of those goods as invoiced by McCune. 25. Forrester knew or should have known that McCune would rely on Forrester's representations. 26. In reliance on Forrester's representations, McCune duly provided the goods ordered by Forrester. 27. McCune reasonably relied on Forrester's representations and reasonably expected to be paid for the invoices submitted to Forrester and goods delivered to Forrester. 28. McCune has suffered damages as a result of its reliance on Forrester's representations. 29. The damages suffered by McCune as a result of its reliance on Forrester's representations are at least $15,381.28, representing the price of the goods delivered by McCune and accepted, without payment, by Forrester. WHEREFORE, Plaintiff, McCune Lumber Company, respectfully requests this Honorable Court to enter judgment in its favor and against Defendant, Danny Forrester, in the amount of $15,381.28, plus interest in the amount of $5,211.09 through June 30, 2013 (and which continues to accrue at 18% per month or $7.585 per day), post judgment interest and such other relief which this Court deems necessary and just. COUNT III UNJUST ENRICHMENT 30. The averments of paragraphs 1 through 29 above are incorporated herein as if set forth in their entirety. 31. If Forrester takes the position that there is no contract between the parties, or that such contract is not valid or enforceable, then, in the alternative, Forrester is liable to McCune by way of unjust enrichment. 32. Pursuant to Forrester's requests, McCune duly delivered certain goods to Forrester, as represented by the invoices submitted to Forrester. 33. The provision and delivery of goods by McCune conferred a benefit upon Forrester, which Forrester has appreciated and retained. 34. Forrester knowingly accepted and retained the benefit conferred upon him by the delivery of goods by McCune. 35. Forrester's acceptance and retention of the benefits conferred by McCune have resulted in Forrester being unjustly enriched at the expense of McCune. 36. It would be unjust for Forrester to retain the benefit of the goods delivered by McCune in the absence of payment for those goods. 37. Forrester has been unjustly enriched in the amount of at least $15,381.28, representing the price of the goods delivered by McCune and accepted, without payment, by Forrester. WHEREFORE, Plaintiff, McCune Lumber Company, respectfully requests this Honorable Court to enter judgment in its favor and against Defendant, Danny Forrester, in the amount of $15,381.28, plus interest in the amount of $5,211.09 through June 30, 2013 (and which continues to accrue at 18% per month or $7.585 per day), post judgment interest and such other relief which this Court deems necessary and just. Respectfully submitted, TUCKER ARENSBER P.C. Dated: !3 By 4 -V UR -.04 ; Ry . Siney, I.D. #20919 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Phone: (717) 234 -4121 Fax: (717) 232 -6802 Email: rsiney @tuckerlaw.com LIT:547377 -1 028491 - 158965 EXHIBIT "A" McCUNE LUMBER COMPANY, INC. STATEMENT 80 WEST BURD ST SHIPPENSBURG, PA 17257 CUSTOMER NUMBER: 794 DANNY FORRESTER 100 FOX HILL RD. SHIPPENSBURG, PA. 17257 INVOICE DATE INVOICE DUE DATE TYPE CHARGE CREDIT BALANCE 5/11/2011 10155931 6/10/2011 INVOICE $9,351.90 $9,351.90 5/11/2011 10157267 6/10/2011 INVOICE $33.81 $9,385.77 5/19/2011 10157722 6/10/2011 INVOICE $1,871.70 $11,257.47 5/23/2011 10157784 6/10/2011 INVOICE - $408:23 $10,849.24 6/13/2011 10158883 7/10/2011 INVOICE $1,180.12 $12,029.36 6/20/2011 10159231 7/10/2011 INVOICE $99.38 $12,128.74 6/21/2011 10159283 7/10/2011 INVOICE $7.78 $12,136.52 6/21/2011 10159187 7/10/2011 INVOICE $4,663.63 $16,800.15 6/23/2011 10159475 7/10/2011 INVOICE $184.80 $16,984.95 6/24/2011 10159476 7/10/2011 INVOICE $378.38 $17,363.33 6/27/2011 10159567 7/10/2011 INVOICE $1,908.53 $19,271.86 6/27/2011 10159612 7/10/2011 INVOICE $160.23 $19,432.09 6/30/2011 '10159863 7/10/2011 INVOICE $1,733.61 $21,165.70 7/2/2011 10159991 8/10/2011 INVOICE $48.18 $21,213.88 7/2/2011 10160008 8/10/2011 INVOICE $60.31 $21,274.19 7/7/2011 10160192 8/10/2011 INVOICE $1,746.08 $23,020.27 7/7/2011 10160195 8/10/2011 INVOICE $414.76 $23,435.03 7/12/2011 10160409 8/10/2011 INVOICE $2,284.55 $25,719.58 7/12/2011 10160451 8/10/2011 INVOICE $63.00 $25,782.58 7/13/2011 10160554 8/10/2011 INVOICE $84.81 $25,867.39 6/17/2011 PAYMENT - $3,986.11 $21,881.28 6/20/2011 PAYMENT - $4,500.00 $17,381.28 3/10/2012 PAYMENT -$2,000.00 $15,381.28 EXHIBIT "B" McCune Lumber Customer Cop 80 W URD ST Shippen bg g, PA 17257 INVOICE {71 71 532-4188 FAX {717} 530 -5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMES! Page: 1 Invoice: 10155931 Special Time: 11:27:54 Instructions Ship Date: 04/13/11 Invoice Date: 05/11/11 Sale rep #: 15 Bobbi Acct rep code: Due Date: 06/20/11 RE:F IRl1 Sold To: DANNY FORRESTER Ship To: MARK MOORE 100 FOX HILL RD. (717) 423 -6672 6457 MCCORMICK LANE SHIPPENSBURG, PA 17257 HARRISBURG (717) 423 -6672 customer #: 794 Customer PO: DANNY 860 -6342 Order By: 15 1 %20 popimgot T ORDER SHIP L U/M ITEM# ! DESCRIPTION 1 Alt Price /Uom PRICE EXTE NISIO 240.001 240.00 L� BDL `•. GAFTLLTWW GAF TIMBERLINE ULTRA WEATHERWOOD 32.4400 BDL 32.44001 7785. i OLD LIFETIME 60 SQ 22.001 22.00 L BDL 1 GAFHRWW GAF HIP & RIDGE WEATHERED WOOD 44.9900 BDL 44.9900 P89.. 1.001 1.00: P EA FUEL FUEL SURCHARGE 50.0000 EA 50.0000 , 50. i i i ! 4 ( t i 1 1 i 1 { I I Ik , i FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $8625.: SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 8775.38 Non - taxable 50.00 Sales tax E r ! X Tax # 1 TOTAL $9 "T'S .` atlt- 1 - Customer Copy McCune Lumber Customer Copy 80WBURDST Shippensburg, PA 17257 INVOICE {717} 532 -4188 FAX {717} 530 -5303 THIS COPY MUST REMAIN A'I' MERCHANT AT ALL TIMESI Page: 1 Invoice: 10157267 Special Time: 11:32:37 Instructions Ship Date: 05/10/11 Invoice Date: 05/11/11 Sale rep #: 15 Bobbi Acct rep code: Due Date: 06/20/11 REPRI Sold To: DANNY FORRESTER Ship To: MARK MOORE 100 FOX HILL RD. (717) 423 -6672 SHIPPENSBURG, PA 17257 (717) 423 -6672 Customer #: 794 Customer PO: DEAN Order By:$ 1%2C popimgol T ORDER I SHIP L[ U/M ITEM# DESCRIPTION ;Alt Price /Uom PRICE j EXTENSIC 1.00 1.00 k Lj CTN 1 112CRN 1 -1/2" GALV COIL ROOF NAILS (7200) 31.9500 CTN 31.95001 _ 31.' e i i l i I k k i i FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total 5 "31. _ SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 31.95 Non - taxable 0.00 Sales tax 1.` X Tax # 1 You may deduct $0.32 if paid by 06/20/2011. TOTAL 13._= 1 - Customer Copy -" "" 111111 1111 1111 11111 11111 11111 11111 1111111 11111 1111 111111(111111 * 0 0 6 A L I 0 0 1 2 9 0 T F 0 6 McCune Lumber Customer Copy 80 W BURD ST Shippensburg, PA 17257 INVOICE {717} 532 -4188 FAX {717} 530 -5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMESI Page: 1 Invoice: 10157722 Special Time: 14:22:15 Instructions Ship Date: 05/19/11 Invoice Date: 05/19/11 Sale rep #: 15 Bobbi Acct rep code: Due Date: 06/20/11 R E FI RI N Sold To: DANNY FORRESTER Ship To: 735 - PANZER DRIVE 100 FOX HILL RD. (717) 423 -6672 MECHANICKSBURG SHIPPENSBURG, PA 17257 (717) 423 -6672 Customer #: 794 Customer PO: DAN Order ByA s %20T! popimgot T ORDER ; SHIP L` U/M ITEM# DESCRIPTION Alt Price /Uom PRICE EXTENSIO 34.00; 34.00 Li BDL GAFTL30H 1GAF TIMBERLINE HD WAS 30 YR HICKORY 34.5320 BDL 34.53201 1174.01 24.00, 24.00 L' EA WLNDE 10' WHITE LONG NECK DRIP EDGE 4.8900 EA 4.8900' 1 17.3( 2.001 2.00 L EA `24CSW 24 "X50' WHT/WHT ALUM COIL STOC 72.5000 EA 72.5000 145.01 1.00 1.00 PI BX 1 SSTNW !WHT STAINLESS STEEL TRIM NAILS (LB) 10.9500 Bx € 10.9500 10.9-_ 1.00` 1.00 Pj BX Al2ASN 1 -1/2" ALUM SIDING NAILS {LB) 7.6000 BX I 7.6000 i 7.6( 17.00. 17.00 L PC NT4CVW T4 CENTER VENT WHT VINYL SOFFIT 10.4850 Pc 10.4850 , 1 78.2:_ 12.00 12.00 L PC NVFW NAPCO VINYL F- CHANNEL WHITE 6.8900 Pc 6.89001 32.61 6.00 6.00 L PC AH58JW 1 5/8" ADDISON HEIGHTS VINYL J - CHNL WHT 5.1200 Pc 5.1200 < 30.7= 1.00, 1.00 P� EA `FUEL i FUEL SURCHARGE 15.0000 EA 15.0000 1 15.0[ � I ADDED 1.00 1.00 : L EA 16982136 111919 THERMO ROOF FLASH 1,21-3 4.9500 EA 4.95001 4.9'_ I I ! i i i f � i I ! 1 i i E €E(€ III [( FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $1766.6C SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 1751.60 Non- taxable 15.00 Sales tax 105.1c i x Tax # 1 You may deduct $17.52 if paid by 06/20/2011. -^ TOTAL $1871.70 1 - Customer Copy �� IIII 11 11111 III 11111 11111 11111 111111111111 11111 1111 11111 HE HE IN McCune Lumber Customer Copy 80WBURDST Shippensburg, PA 17257 CREDIT INVO[D {717} 532 -4188 FAX {717} 530 -5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMES! Page: 1 Invoice: 10157784 Special Time: 09:36:01 Instructions Ship Date: 05/20/11 CREDIT Invoice Date: 05/23/11 Sale rep #: 15 Bobbi Acct rep code: Due Date: 06/20/11 RE:F"R11 Sold To: DANNY FORRESTER Ship To: DANNY FORRESTER 100 FOX HILL RD. (717) 423 -6672 100 FOX HILL RD. SHIPPENSBURG PA 17257 SHIPPENSBURG, PA 17257 (717) 423 -6672 Customer #: 794 Customer PO: DANNY Order By: 15 rxzo popimgol T ORDER SHIP i L U/M ITEM# DESCRIPTION ;Alt Price /Uom PRICE EXTE,NSIO -9.00 -9.00: L W , BDL `GAFTL30H GAF TIMBERLINE HD -AS 30 -YR HICKORY 34.5320 BDL 34.5320 _ ; :!10.. Credited from invoice 10157722 -16.00 -16.00 L EA WLNDE 10' WHITE LONG NECK DRIP EDGE j 4.6455 EA 4.64551 74.: Credited from invoice 10156814 I 1 ! I i i I i ! I I 1 i FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $..31'35.1 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable - 385.12 Non - taxable 0.00 Sales tax -23.1 X Tax # 1 You may deduct $ -0.74 if paid by 06/20/2011. TOTAL $408.2 1 - Customer Copy * 0 0 6 3 5 N 0 0 1 1 U 2 U T T F McCune Lumber Customer Copy bB gR Shippen PA 17257 INVOICE {717} 532 -4188 FAX {717} 530 -5303 THIS COPY MUST REMAIN A MERCHANT AT ALL TIME:)l Page: 1 Invoice: 10158883 Special Time: 13:34:29 Instructions Ship Date: 06/13/11 Invoice Date: 06/13/11 Sale rep #: 15 Bobbi Acct rep code: Due Date: 07/20/11 R EF RI i Sold To: DANNY FORRESTER Ship To: 1254 ALMA DR 100 FOX HILL RD. (717) 423 -6672 SHIPPENSBURG, PA 17257 (717) 423 -6672 Customer #: 794 Customer PO: DANNY Order Bv:8 1%20 popimgot T ORDER j SHIP L U/M ITEM# DESCRIPTION :Alt Price /Uom PRICE EXTE:hJ510 30.001 30.00 L BDL GAFTL30SH IGAF TIMBERLINE HD - WAS 30 - YR SHAKEWOOD i 35.1140 BDL 35.1140 1053. 2.00 2.00 1 L BDL ', OCSDT O.C. 25YR DESERT TAN SUPREME SHINGLES 29.9500 BDL € 29.9500 59.1 t I i I t 1 I 7 I f I I i I � I I FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $11'13. SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 1113.32 Non - taxable 0.00 Sales tax 436.E X Tax # 1 You may deduct $11.13 if paid by 07/20/2011. TOTAL $191E?,0.1 1 - Customer Copy '-- "' -' " -- McCune Lumber Customer Copy 80WBURDST Shippensburg, PA 17257 INVOICE {717} 532 -4188 FAX {717} 530 -5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMES! Page 1 invoice: 10159231 Special Time: 12:52:06 Instructions Ship Date: 06/20/11 Invoice Date: 06/20/11 Sale rep #: 20 Brad Acct rep code: Due Date: 07/10/11 REP W Sold To: DANNY FORRESTER Ship To: STEVE COHICK 100 FOX HILL RD. (717) 423 -6672 SHIPPENSBURG, PA 17257 (717) 423 -6672 Customer #: 794 Customer PO: DANNY Order By:$ 1 0T popimgot T ORDER SHIP 1 Ll U/M ITEM# DESCRIPTION I Alt Price /Uom € PRICE ; EXTEP1S 2.00 2.001 L 5GAL I PMFC5G 82505 POLYMER MODIFIED FOUNDATION COATI 39.8525 sGAU 39.8525E 79.7 5 GAL j 1.00 1.00 < P EA 6012348 RF215 NO -SLIP ROLLER FRAME 5.2155 EA 5.2155 1 5.2: 1.00 1.00 P EA 1 1328608 54109 WOOD HANDLE THREADED CON 4.4555 EA 4.4555 4.41 1.00 1.00 P EA 16767131 R240 -9 9X1/2" ROLLER COVER 4.3605 EA 4.3605 4.3, I ' i i I I 3 4 f f I i i t � I i ' f j f I t i FILLED BY CHECKED BY DATE SHIPPED DRIVER Sal es total $!:I3.7: SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 93.75 Non - taxable 0.00 Sales tax 5.6: X Tax # 1 TOTAL 1 - Customer Copy Mill 11111 11111 111111 111111111111111111111111 11111 111 1111111 IIII 11111 Ili 1111 * 0 0 6 C V 4 0 0 1 1 M M 7 0 B F McCune Lumber Customer Copy 80 W BURD ST Shippensburg, PA 17257 INVOICE {717} 532 -4188 FAX {717} 530 -5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMESI Page invoice: 10159283 Special Time: 07:18:42 Instructions Ship Date: 06/21 Invoice Date: 06/21/11 Sale rep #: 15 BObbi Acct rep code: Due Date: 07/10/11 R EP W Sold To: DANNY FORRESTER Ship To: DANNY FORRESTER 100 FOX HILL RD. (717) 423 -6672 100 FOX HILL RD. SHIPPENSBURG, PA 17257 SHIPPENSBURG, PA 17257 (717) 423 -6672 Customer #: 794 Customer PO: DANNY Order By: 10T popimgot T ORDER I SHIP ; Lj U/M 1 ITEM# DESCRIPTION ! Alt Price /Uom PRICE i EXTEN8 2.00 2.00 P CG 1 6522767 88810 WOOD SPADE BIT 5/8 3.6708 cc 3.6708 7.3 i i i I i F i � I f FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $7.3 SHIP VIA RECEIVED COMPLETE AND IN GOOD. CONDITION Taxable 7.34 Non - taxable 0.00 Sales tax 0.4- X Tax # 1 TOTAL $�7.7._ 1 - Customer Copy 1111 1111111 111 11111 11111 11111 111111111 1111 111111 11111 111 111111 (11 * 0 0 6 D 0 0 0 0 1 1 L E 0 N 0 B McCune Lumber Customer Copy bBgR Shippen PA 17257 INVOICE {717} 532 -4188 FAX {717) 530 -5303 THIS COPY MUST REMAIN A MERCHANT AT ALL TIMESI Page: 1 Invoice: 10159187 Special Time: 07:29:02 Instructions Ship Date: 06/17/11 Invoice Date: 06/21/11 Sale rep #: 15 BObbi Acct rep code: Due Date: 07/1 R E P Rl i Sold To: DANNY FORRESTER Ship To: STEVE COHICK 100 FOX HILL RD. (717) 423 -6672 625 GRHAMS WOOD RD SHIPPENSBURG, PA 17257 (717) 423 -6672 Customer #: 794 Customer PO: DANNY Order By:S to popimgol T ORDER SHIP L U/M ITEM# DESCRIPTION Alt Price /Uom PRICE j EXTENSIO 1 CANCELED 2X6X12T 40.00 40.001 L I PC 121012S 2 X 10 X 12 SPF 494.0400 MBF ! 9.8808 395.= 40.00 40.00 L PC 1 21014S 2 X 10 X 14 SPF 496.4021 MSF 11.5827 463.: 30.00 30.00 L PC 121016S 2 X 10 X 16 SPF 496.7994 MBF I 13.2480 397. 6.00 6.00 L� PC 1 2814S 2 X 8 X 14 SPF 476.0991 MF 8.8872 53.: 6.00 6.00: L PC 1 •:2812S 2 X 8 X 12 SPF 480.7000 MBF 7.6912 -46. 6.00 6.00 L PC 2808S 2 X 8 X 8 SPF 484.7235 MBF ` 5.1704 :31.1 9.00 9.00 L PC 2616S 2 X 6 X 16 SPF € 437.0000 MBF 6.9920 62.'_ 140.00 140.00! L PC 24PCS 2 X 4 X 92 -5/8 SPF 410.5526 MBF 1 2.1896 :306.:_ 50.00 50.00 L PC 26PCS 2 X 6 X 92 -5/8 SPF 446.2000 MBF 3.5696 '1'78. 80.00 80.00' L PC 1 2416S 2 X 4 X 16 SPF 439.0018 MBF 4.6827 374.x_ 38.00 38.00 L PC 2616S 2 X 6 X 16 SPF 437.0000 MBF 6.9920 265. 56.00 56.001 L PC 58CDXP 5/8 X 4 X 8 CDX PINE 495.9375 MSF 15.8700 888. 36.00 36.00 L PC 34TGAF 3/4 X 4 X 8 T &G ANDVANTECH FLOORING E 703.8000 MSF' 22.5216 810., 1.00 1.00 1 P� EA 'FUEL FUEL SURCHARGE 0.0000 EA € 0.00001 O ADDED 12.00 12.001 L PC 21012T 2 X 10 X 12 TREATED YELLOW PINE 522.5600 MBF 10.4512 1;25. i i 3 1 i 3 i I i FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $4399.6 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 4399.65 Non - taxable 0.00 Sales tax ?E33.9 X Tax # 1 TBF: 4864 TOTAL $03 1 - Customer Copy 111111 III1I (11 IIIII 11111 11111 1111111 11111 11111 111 11111111111 * 0 0 6 C T 0 0 0 1 2 L P R 7 C I McCune Lumber Customer Copy 80 W BURD ST • Shippensburg, PA 17257 INVOICE {717} 532 -4188 FAX {717} 530 -5303 THIS COPY MUST REMAIN Al" MERCHANT AT ALL TIMESI Page: 1 Invoice: 10159475 Special Time: 13:20:12 Instructions Ship Date: 06/23/11 Invoice Date: 06/23/11 Sale rep #: 15 Bobbi Acct rep code: Due Date: 07/10/11 R EP W Sold To: DANNY FORRESTER snip To: BLOSERVILLE 100 FOX HILL RD. (717) 423 -6672 SHIPPENSBURG, PA 17257 (717) 423 -6672 Customer #: 794 Customer PO: MIKE Order By: 15 10T popimgot T ORDER ( SHIP LE U/M ITEM# DESCRIPTION `•:Alt Price /Uom I PRICE I EXTEIV:iIOf` 25.00 25.00 L PC 7160SB 7/16 X 4 X 8 WAFERBOARD 217.9250 MsF ` 6.9736 1'x'4.3- i I I I I f i f j i i 7 ! 7 FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $17•4.31 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 174.34 Non- taxable 0.00 Sales tax 10.4E X Tax # 1 TOTAL $1 f 1A K 1 - Customer Copy 1 111111 IIIII IIIII 111111 IIII 111111 IIII IIIII IIIII IIIII IIIII 111111111111111111111 IIII IN IN G 0 0 1 2 8 D T 8 F 8 McCune Lumber Customer C 80 W BURD ST 0 P� Shippensburg, PA 17257 INVOICE {717} 532 -4188 FAX {717} 530 -5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMES! Page: 1 Invoice: 101 Special 07:20:59 Time: Instructions Ship Date: 06/23/11 Invoice Date: 06/24/11 Sale rep #: 15 BObbl Acct rep code: Due Date: 07/10/11 RE:FIRR Sold To: DANNY FORRESTER ship To: BLOSERVILLE 100 FOX HILL RD. (717) 423 -6672 SHIPPENSBURG, PA 17257 (717) 423 -6672 Customer #: 794 Customer PO: MIKE Order BY: 15 ioi popimgot T ORDER I SHIP s Ll U/M ' ITEM# DESCRIPTION ;Alt Price /Uom PRICE EXTEtv1'3101 100.00! 100.00 L` PC 126PCS 2 X 6 X 92 -5/8 SPF € 446.2000 MBF 3.5696 1 i i f ! i I i ! I E 1 I i I i I i i f I 1 1 FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $356.96 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 356.96 Non - taxable 0.00 Sales tax 21.42 X Tax # 1 TBF: 800 "' °` - -- TOTAL $378.38 1 - Customer Copy ° 0 0 6 D 6 H 0 0 1 3 4 B R C D U McCune Lumber Customer Copy 80 W BURD ST Shippensburg, PA 17257 INVOICE (717) 532 -4188 FAX {717) 530 -5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMESI Page: 1 Invoice: 10159567 Special Time: 13:31:23 Instructions Ship Date: 06/24/11 Invoice Date: 06/27/11 Sale rep #: 15 BObb1 Acct rep code: Due Date: 07/10/11 RE;FIRir Sold To: DANNY FORRESTER Ship To: 625 GRAHAMS WOODS RD 100 FOX HILL RD. (717) 423 -6672 SHIPPENSBURG, PA 17257 (717) 423 -6672 Customer #: 794 Customer PO: DANNY Order By: 15 10T popimgol T 1 ORDER j SHIP Lj U/M ITEM# I DESCRIPTION Alt Price /Uom ': PRICE 1 EXTE:NE3101` 48.00 48.00: L BDL I GAFTL30B GAF TIMBERLINE HD - WAS 30 - YR BARKWOOD 32.9420 BDL 32.94201 15131.2' 1.00 1.00 1 P CTN 3 114CRN 1 -1/4" GALV COIL ROOF NAILS (7200} 28.4525 cTN 28.4525 28.4= 2.00 2.00; L BDL `GAFHRB GAF HIP & RIDGE BARKWOOD 44.4990 BDL' 44.4990 139.0 14.00 14.001 L EA I WDE 10' WHITE ALUM DRIP EDGE 3.2775 EA 3.2775 45.8' 8.00 8.00 L PC 2616S 2 X 6 X 16 SPF 437.0000 MBF 6.9920 55.9 1 � i I 1 1 i E � � t I ' f FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $18( }0.5t_ SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 1800.50 Non - taxable 0.00 Sales tax 108.0= X Tax # 1 TBF: 128 TOTAL $19018.5== 1 - Customer Copy . 1 111111 IIIII IIIII 111111 IIII 111111 IIII IIIII IIIII IIIII 1111111 III 111111 III IIIIIIII IIII III IIII * 0 0 6 D 9 E 0 0 1 2 S 8 F V L I McCune Lumber Customer Co 80 W BURD ST P)� Shippensburg, PA 17257 INVOICE {717} 532 -4188 FAX {717} 530 -5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMES! Page: 1 invoice: 10159612 Special Time: 13:31:49 Instructions Ship Date: 06/27/11 Invoice Date: 06/27/11 Sale rep #: 15 Bobbi Acct rep code: Due Date: 07/10/11 RE PRI1 Sold To: DANNY FORRESTER Ship To: 625 GRAHAMS WOODS RD 100 FOX HILL RD. (717) 423 -6672 SHIPPENSBURG, PA 17257 (717) 423 -6672 Customer #: 794 Customer PO: DANNY Order By: 15 ion popimgot T ORDER SHIP Lj U/M i ITEM# DESCRIPTION `Alt Price /Uom PRICE E EXTE:PI310i 6.00 6.00 L� PC ? 58CDXP 5/8 X 4 X 8 CDX PINE 495.9375 MsF 15.8700 - 135.2 j ADDED 8.00 8.00 L PC 2616S 2 X 6 X 16 SPF 437.0000 MBF 6.9920 55.9 ! 7 t i f f i i f i E ! 1 f FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $1... SHIP VIA CUSTOMER PICKUP RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 151.16 Non - taxable 0.00 Sales tax ! :1.07 X Tax # 1 TBF: 128 TOTAL $1615.23 1 - Customer Copy 0 6 D A U 0 0 1 0 G J 0 0 H 3 McCune Lumber Custom 80 W BURD ST Custom Copy Shippensburg, PA 17257 INVOICE {717} 532 -4188 FAX {717} 530 -5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMES[ Page: 1 invoice: 10159863 Special Time: 10:10:32 Instructions Ship Date: 06/30/11 Invoice Date: 06/30/11 Sale rep #: 10 Rodger Acct rep code: Due Date: 07/10/11 REV 1R Sold To: DANNY FORRESTER Ship To: DANNY FORRESTER 100 FOX HILL RD. (717) 423 -6672 100 FOX HILL RD. SHIPPENSBURG, PA 17257 SHIPPENSBURG, PA 17257 (717) 423 -6672 Customer #: 794 Customer PO: DANNY Order By: 10T popimgot T 2 ORDER SHIP LI U/M I ITEM# DESCRIPTION Alt Price /Uom PRICE i EXTEIV'SIOP 1.00 1.00' P� EA :TRUSS ROOF TRUSS PACKAGE 1382.4800 EA 1382.4800 1382.4: 2.00 2.001 P EA ;TRUSS HR. CRANE TIME 95.0000 EA 95.0000 I90.01 7.00 7.00 P EA 'TRUSS TRUSS SPACERS OFF TRUSS TRUCK 9.0000 EA 9.0000 (33.01 i I i i II i ' I i i E I i I i 1 FILLED BY CHECKED BY DATE SHIPPED DRIVER Sal es total $1 63 , 1 5. 48 SHIP VIA DIRECT /APM /CRANE RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 1635.48 Non - taxable 0.00 Sales tax 98.13 X Tax # 1 TOTAL $1703:3.61 1 - Customer Copy " " -- � �� 111111111 III[ III[ 6 D I T 0 0 1 2 K V 0 B K 7 McCune Lumber Customer Copy PY Shippensburg, PA 17257 INVOICE {717} 532 -4188 FAX {717) 530 -5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMES I Page: 1 Invoice: 10159991 Special Time: 08:30:09 Instructions Ship Date: 07/02/11 Invoice Date: 07/02/11 Sale rep #: 15 BObbi Acct rep code: Due Date: 08/10/11 RE,FI RIV Sold To: DANNY FORRESTER Ship To: DANNY FORRESTER 100 FOX HILL RD. (717) 423 -6672 100 FOX HILL RD. SHIPPENSBURG, PA 17257 SHIPPENSBURG, PA 17257 (717) 423 -6672 Customer #: 794 Customer PO: DANNY Order BY:5 10Th popimgol T ORDER I SHIP L1 ITEM# DESCRIPTION i Alt Price /Uom PRICE EXTEN 1.00 1.00: LC BDL 'GAFHRB GAF HIP & RIDGE BARKWOOD 45.4545 soy ' 45.4545 ~ 45.4 i i f i i i i f f FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $4;x.45 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 45.45 Non - taxable 0.00 Sales tax 2.73 X Tax # 1 1 - Customer Copy TOTAL * 0 0 6 E 3 D 0 0 1 2 0 T E K M J McCune Lumber 80 W BURD ST Customer Cope Shippensburg, PA 17257 INVOICE {717} 532 -4188 FAX {717} 530 -5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIME:;? Page: 1 Invoice: 10160008 Special Time: 10:17:33 Instructions Ship Date: 07/02/11 Invoice Date: 07/02/11 Sale rep #: 5 James Acct rep code: Due Date: 08/10/11 REP W Sold To: DANNY FORRESTER Ship To: DANNY FORRESTER 100 FOX HILL RD. (717) 423 -6672 100 FOX HILL RD. SHIPPENSBURG, PA 17257 SHIPPENSBURG, PA 17257 (717) 423 -6672 Customer #: 794 Customer PO: JASON Order By: 10T, P0Pimg01 T 1 ORDER SHIP L U/M ITEM# DESCRIPTION Alt Price /Uom € PRICE I EXTEN 1.001 1.00 P EA 13686755 FB52NVPLY505 /FB352 DBDBLT KA4 56.8955 EA 56.8955 �56.9r k I I � f i 7 i i FILLED BY CHECKED BY DATE SHIPPED DRIVER Sal es total $15E5,90 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 56.90 Non - taxable 0.00 Sales tax LX Tax # 1 TOTAL $6e0.31 1 - Customer Copy "` -- � �� 1111 1111111 111 11111 11111 11111 1111 11111 111111 1111 11111 111111 11 6 E 3 S 0 0 1 1 6 1 I F F L McCune Lumber Customer Copy 80 W BURD ST Shippensburg, PA 17257 INVOICE {717} 532 -4188 FAX {717} 530 -5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIME";! Page: 1 invoice: 10160192 Special Time: 12:18:15 Instructions Ship Date: 07/07/11 Invoice Date: 07/07/11 Sale rep #: 15 Bobbi Acct rep code: Due Date: 08/1 1 RE: DRIP Sold To: DANNY FORRESTER Ship To: THORNWOOD MANAION 100 FOX HILL RD. (717) 423 -6672 END OF RIDGE STREET SHIPPENSBURG, PA 17257 CARLISLE (717) 423 -6672 Customer #: 794 Customer PO: DANNY Order By:4 toi popimgot T ORDER j SHIP Ll U/M ITEM# DESCRIPTION 'Alt Price /Uom PRICE f EXTE:PJSIOi 36.00 36.00 L BDL GAFTL30WBS GAF TIMBERLINE HD -WAS 30 -YR WILLIAMSBURG 34.4890 BDL 34.4890E '1241.6 I SLATE i 6.00 6.00 L� BDL i GAFHRWBS GAF HIP & RIDGE WILLIAMSBURG SLATE 45.4545 BDL 45.4545 272.7 1.00 1.00 P CTN ! 114CRN 1 -1/4" GALV COIL ROOF NAILS (7200} 28.4525 CTN 28.4525 28.4 20.00 20.00; L EA €WLNDE 10' WHITE LONG NECK DRIP EDGE 4.9875 EA 4.9875 99.7 1.00 1.00: P EA FUEL FUEL SURCHARGE 5.0000 EA 5.0000 5.0 i t i I J E ! i x . t FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $1647.5 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 1642.53 Non - taxable 5.00 Sales tax 98.5 X Tax # 1 TOTAL $1746.0 1 - Customer Copy IIII IIIIIII 111 11111 11111 11111 11111 111111 IN IIIIII) IIII 1111 1111 IN * 0 0 6 E 9 K 0 0 1 2 9 G 8 M H 4 r McCune Lumber Customer Copy 80 W BURD ST INVOICE Shippensburg, PA 17257 THIS COPY MUST REMAIN AT {717} 532 -4188 FAX {717) 530 -5303 MERCHANT AT ALL TIMES! Page: 1 Invoice: 10160195 Time: 12:18:47 Special Ship Date: 07/07/11 Instructions Invoice Date: 07/07/11 Sale rep #: 15 Bobbl Acct rep code: Due Date: 08/10/11 REFOF'f;IN 1 Sold To: DANNY FORRESTER Ship To: 625 - GRAMSWOOD ROAD 100 FOX HILL RD. (717) 423 -6672 NEWVILLE SHIPPENSBURG, PA 17257 (717) 423 -6672 Customer #: 794 Customer PO: DANNY Order By:4 10TH poplmgol _ T 7 ORDER SHIP L U/M •: ITEM# DESCRIPTION Alt Price /Uom PRICE EXTEhI: ION 8.00 8.00 L PC i NT4SW T4 SOLID WHT VINYL SOFFIT 9.6695 Pc 9.6695 ! 77.36 17.00 17.00 L PC `NT4CVW T4 CENTER VENT WHT VINYL SOFFIT 9.6695 PC 9.6695 164.38 2.00 2.00 € L EA s24CSW 24 "X50' WHTNVHT ALUM COIL STOC 67.7580 EA 67.7580 1:95.52 1.00 1.00 P BX SSTNW WHT STAINLESS STEEL TRIM NAILS (LB} 9.3075 ex 9.3075 9.31 1.00 1.00 P EA i FUEL FUEL SURCHARGE 5.0000 EA 5.0000 5.00 I I k I ! i f I 1 j E I k _ FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales to 91.5 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 386.57 Non - taxable 5.00 Sales tax 23.1 I x Tax # 1 w - TOTAL $414.1 14.1 1 - Customer Copy IIII IIIIIII III 11111 11111 11111 111111 11111 111111 1111 11111 111111 11 n n A F 9 N 0 McCune Lumber Customer Copy 80 W bB gR Shippen PA 17257 INVOICE {717} 532 -4188 FAX {717} 530 -5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMES! Page: 1 Invoice: 10160409 Special Time: 07:29:34 Instructions Ship Date: 07/11/11 Invoice Date: 07/12/11 Sale rep #: 15 BObbi Acct rep code: Due Date: 08/10/11 REF' RIN1 Sold To: DANNY FORRESTER Ship To: GRAHAMS WOODS RD 100 FOX HILL RD. (717) 423 -6672 SHIPPENSBURG, PA 17257 (717) 423 -6672 Customer #: 794 Customer PO: DANNY Order BY: 15 10TH popimgol T 7 ORDER SHIP L U/M ITEM DESCRIPTION Alt Price /Uom PRICE E EXTEf�1:ilON 14.00 14.00' LI BDL ME23 6 X 15 X 93 BIB KRAFT R -21 INSULATION 499.7036 MSF 1 33.88491 474.39 {67.81 SO FT) K77/ME23 i 18.00 18.00 L RL ! E57 12 X 24 KRAFT R -38 INSUL (64.OSF) - s 809.2969 MsF 51.7950 5132.31 W71 /E57 j 20.00 20.00 L BDL I ME24 9 X 15 KRAFT R -30 INSUL {58.63SF) 620.1586 MsF ` 36.3599 727.20 W79/ME24 1.00 1.00 P BX /6954846 IS16 -BP INSULAT SPRT161N 500BX 16.6155 Bx 16.6155 16.62 1.00 1.00 P EA :FUEL FUEL SURCHARGE 5.0000 en 5.0000 5.00 7 I I I � E 1 I FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $2155.52 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 2150.52 Non - taxable 5.00 Sales tax 129.03 X Tax # 1 TOTAL $222: - nan- 1 - Customer Copy �� 111111 �� 11111 1111 11111 11111 11111 1111111 1111 11111 111111 111111111111 �� . McCune Lumber Customer Copy 80 W BURD ST Shippensburg, PA 17257 IN {717} 532 -4188 FAX {717} 530 -5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMES! Page: 1 Invoice: 10160451 Special Time: 12:43:16 Instructions Ship Date: 07/12/11 Invoice Date: 07/12/11 Sale rep #: 15 Bobbi Acct rep code: Due Date: 08/10/11 R EFI F � N I Sold To: DANNY FORRESTER Ship To: GRAHMS WOODS RD 100 FOX HILL RD. (717) 423 -6672 SHIPPENSBURG, PA 17257 (717) 423 -6672 Customer #: 794 Customer PO: DANNY Order By:5 10TH popimgol T 11 ORDER SHIP L{ U/M ITEM DESCRIPTION Alt Price /Uom PRICE I EXTEI +1," 38.00 38.00' L PC PVENT 1 PROPER VENT {TWIN SIZE) 1.4400 Pc i 1.44001 54.72 1.00 1.00: P� EA !FUEL 1 FUEL SURCHARGE 5.0000 EA 1 5.00001 5.00 I � I I I 1 I I { i 4 i 1 i ! r € I � I I FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $59.72 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 54.72 Non - taxable 5.00 Sales tax 3.28 I x Tax # 1 TOTAL $4 53.00 1 - Customer Copy �� 111111 �� 111111 III 11111 1111111111 11111 111111 111111 1111 III 111111 1111 IN r McCune Lumber Customer Copy 80 W BURD ST Shippensburg, PA 17257 INVOICE {717} 532 -4188 FAX {717} 530 -5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMES! Page: 1 Invoice: 10160554 Special Time: 10:48:57 Instructions Ship Date: 07/13/11 Invoice Date: 07/13/11 Sale rep #: 15 Bobbi Acct rep code: Due Date: 08/10/11 KEPI -LINT Sold To: DANNY FORRESTER Ship To: 100 FOX HILL RD. (717) 423 -6672 SHIPPENSBURG, PA 17257 (717) 423 -6672 Customer #: 794 Customer PO: JASON Order Bv:20 10TH popimgol T 7 ORDER SHIP 1 L U/M ITEM# DESCRIPTION Alt Price /Uom I PRICE EXTEI'9;i1 lON 2.00 2.00: L BDL W01 3 X 15 KRAFT R- 1 INSUL {155.OSF} 258.0968 MsF 40.00501 - 10.01 I i F I I I E i ! I j E � i c e E FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $1 , 11,30.01 SHIP VIA CUSTOMER PICKUP RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 80.01 Non - taxable 0.00 Sales tax 4.80 X Tax # 1 TOTAL Sul „i4.81 1 - Customer Copy * 0 0 6 E L 0 0 0 1 0 F 0 G 4 G 6 M VERIFICATION The undersigned, Sandi Geesaman, hereby verifies and states that: 1. She is an officer of McCune Lumber Company, the Plaintiff within; 2. She is authorized to make this Verification on the Plaintiff s behalf; 3. The facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief; and 4. She is aware that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. Dated: June Jo '2013 /� �i�- Sandi Geesa SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff X44 axt?of �t�tat f L c 0 t✓ Jody S Smith fI PR0Th10N' 0TAt Chief Deputy � . Richard W Stewart 2013 JUL 19 PM of Solicitor OMICE e-. HERI;F CUMBERLAND COUNI'llf PENNSYLVANIA McCune Lumber Company vs. Case Number Danny G. Forrester 2013-3828 SHERIFF'S RETURN OF SERVICE 07/11/2013 04:06 PM -Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Complaint&Notice by handing a true copy to a person representing themselves to be Courtney Craig, Granddaughter of defendant, who accepted as "Adult Person in Charge"for Danny G. Forrester at 100 Fox Hill Road, Hopewell Township, Shippensburg, PA 17257. 4 + I AMANDA COBAUGH, DEPU SHERIFF COST: $51.06 SO ANSWERS, July 15, 2013 ARONW ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. MCCUNE LUMBER COMPANY, :IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. NO.3828 OF 2013 DANNY FORRESTER, CIVIL ACTION—LAW AND EQUITY Defendant NOTICE TO PLEAD To:McCune Lumber Company,Plaintiff You are hereby notified to file a written response to the enclosed Preliminary Objections and Demurrer within twenty(20)days from service hereof or a judgment may be entered against you. Sally J. Winder,Esquire Attorney for Defendant Court ID 24705 P.O. Box 341 Newville,PA 17241 Telephone: (717) 776 6656 MCCUNE LUMBER COMPANY, :IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO.3M OF 2613 - � m DANNY FORRESTER, ; CIVIL ACTION—LAW AND EQUITY r— Defendant. o-n DEFENDANT DANNY FORRESTER S PRELIMINARY OBJECTIOI'� CD .TO PLAINTIFF MCCUNE LUMBER COMPANY'S.COMPLAINT ' ,, COMES NOW the Defendant Danny Forrester,by and throw his attorney Sally J. Winder and files the following Preliminary Objections to Plaintiff's Complaint. FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT I. Plaintiff McCune.Lumber Company("McCune")avers in paragraph 4 of its Complaint that McCune and Defendant Danny Forrester("Forrester"}entered into an arrangement which forms the basis for McCune's cause of action. 2. McCune avers in paragraph 6 of the Complaint that Forrester agreed to pay for goods delivered by McCune in the amounts invoiced by McCune. 3. McCune avers in paragraph 7.of the Complaint ithat Forrester agreed to pay 18% interest on all balances not paid within a certain time. 4. Pennsylvania Rule of Civil;Procedure(Pa.R.C.P'.) 1019(h)states that where any claim is based upon an agreement,the pleading shall state specifically if the agreement is oral or written. r 5. McCune's claim is based upon agreements specified in paragraph 1,2,and 3 herein. 6. McCune"s Complaint fails to state if the agreements specified in paragraph 1,2,and 3 herein,are oral or written. + 7. By failing to state if the specified)agreements are oral or written.McCune has violated the specified rule of court. 8. For violation of the specified rule of court,McCune's Complaint should be dismissed. FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT 9. .Pa.R.C.P. 1019(1)states that if a claim is based on a writing,the plaintiff shall attach a copy of the writing to the pleading unless the writing is not accessible to the plaintiff. 10.McCune has not averred that the agreements specified in paragraph 1,2,and 3 herein are based on writings which are inaccessible to McCune. 11. McCune's claim is based on the agreements specified in paragraphs 1,2,and 3 herein. Uthe specified agreements were writings,Pa.R.C.P. 1019(1)requires that they be attached to the pleading. 12.McCune has failed to attach any writings to substantiate its claim based upon agreements specified in paragraph 1,2,and 3 herein. 13. By failing to attach the writings,if the specified agreements are contained in writings, McCune has violated the specified rule of court. 14.For violation of the specified rule of court,McCune's Complaint should be dismissed. FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT 15. McCune avers in paragraph 15 of the Complaint an oral and written contract with Forrester,to supply goods to Forrester,to have Forrester pay McCune for said goods, establishing certain payment terms,and setting an interest rate for unpaid balances on the account 16.McCune claim against Forrester is based upon the specified oral and written contract. 17.Pa.R.C.P. 1019(i)states that if a claim is based on a writing,the plaintiff shall attach a copy of the writing to the pleading unless the writing is inaccessible to the plaintiff. 18. McCune has not averred that the specified writing is inaccessible to it. 19.By failing to attach the specified writing to its Complaint,McCune has violated the specified rule of court. 20.For violation of the wed rule of court,McCune's Complaint should be dismissed. 2 FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT 21.Pa.R.C.P. 1019(f)states that averments of time shall be specifically stated- 22.No time of formation of the oral and written contract between McCune and Forrester is averred in McCune's Complaint. 23.The validity of McCune's claim against Forrester depends on the time when the contract was formed 24.By failing to aver the time of formation of the specified contract,McCune has violated the specified rule of court. 25.For violation of the specified role of court,McCune's Complaint should be dismissed. DEMURRER 26.McCune avers in paragraph 4 of its Complaint that the"arrangement"between it and Forrester for provision of goods and payment therefor happened on or about May 3, 2011. 27. The first McCune invoice contained in Exhibit"B"of the Complaint states that certain goods having a value of $9351.90 were shipped to a location in Harrisburg on April 13,2011,a date which was twenty(20)days before McCune and Forrester entered into any"arrangement". 28.Forrester cannot be held liable to pay for any goods shipped before he entered into an "arrangement"with McCune,under any theory of liability. 29.Under these circumstances,McCune's claim against Forrester should be reduced by $9,351.90,the amount shown on the first invoice in Exhibit"B". DEMURRER 30.Forrester has a son who also bears the name of Danny Forrester. 31.Forrester believes,and therefore avers,that his son Danny Forrester operated a construction business between April 2011 and July 2011. 3 32.During this specified interval of time Forrester had a revolving charge account with McCune. 33.During this interval of tune,Forrester did not authorize his son Danny Forrester or anyone else to order construction materials from McCune and bill them to Forrester's account. 34.During this interval of time,Forrester received no benefit from any of the construction materials ordered and billed to his account with McCune. 35.During this interval of time,Forrester had no knowledge of the construction materials which were being ordered and billed to his account. 36. Forrester believes,and therefore avers,that during this interval of time all construction materials from McCune were ordered by his son Danny Forrester,or someone else on his behalf for the sole benefit of the construction business then being operated by his son Danny Forrester and a third party. 37. Forrester believes,and therefore avers,that his son Danny Forrester concealed any McCune invoices mailed to Forrester's address during this time interval,and actively prevented Forrester from learning about the situation. 38.McCune knew,or reasonably should have known,that Forrester's son Danny Forrester was ordering the construction materials for use in his own construction business. 39. Under the circumstances,any claim which McCune has is a claim against the son Danny Forrester and not a claim against defendant Danny Forrester. 40.Under these circumstances,the Complaint of McCune against Forrester should be dismissed 4 WHEREFORE,for the foregoing reasons,Defendant Danny Forrester requests this Court dismiss PlainfiWs Complaint Respectffilly submitted, Sally J.Wilder Attorney for Defendant Danny Forrester Court ID 24705 PO Box 341 Newville,PA 17241 Telephone 717.776.6656 - VERIFICATION 1,Danny Forrester,verify that the statements made in the foregoing Preliminary Objections and Demurrer are true and correct.I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A.section 4904,relating to unswom falsification to authorities. Date: Z Danny Forrester MCCUNE LUMBER COWANY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. NO.3828 OF 2013 DANNY FORRESTEX CIVIL ACTION—LAW AND EQUITY Defendant CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of Defendant's Preliminary Objections and Demurrer endorsed with a Notice to Plead by depositing same in the United States Postal Service,first class postage prepaid on the 2�(da:y of July,2013 addressed as follows: 2M Ryan P. Siney,Esquire Tucker Arensberg,P.C. 2 Lemoyne Drive,Suite 200 Lemoyne,PA 17043 Sally J. Winder,Esquire Ct ID 24705 P.O.Box 341 Newville,PA 17241 (717) 776 6656 1F�tt`t 11: 114 LJ SYL: A141,' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MCCUNE LUMBER COMPANY 80 W. Burd Street, Shippensburg,PA 17257 Plaintiff Docket No.: 13-3828 Civil V. DANNY FORRESTER 100 Fox Hill Road, CIVIL ACTION- LAW AND EQUITY Shippensburg, PA 17257 Defendant 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 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 Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (717) 249-3166 -Toll Free (800) 990-9108 AVISO "Le han demandado en corte. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la acci6n en el plazo de veinte (20) dias despues de esta queja y se sirve el aviso, incorporando un aspecto escrito personalmente o y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted el abogado le advierte que que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted compra la corte sin aviso adicional para cualquier dinero demandado en la queja o para cualquier otra demanda o relevaci6n pedida por el demandante. Usted puede perder.el dinero o la caracteristica de otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO HACE QUE UN ABOGADO VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER DE USTED LA INFORMACION SOBRE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO O NINGUN HONORARIO SERVICIO DE REFERENCIA LEGAL Cumberland County Bar Association 32 South Bedford Carlisle,Pennsylvania 17013 (717)249-3166 -Toll Free (800) 990-9108 TUCKER ARENSBERG,P.C. Dated: August 9, 2013 By Ry . Sin y, I.D. #2091.00 2 Lemoyne Drive, Suite 200 Lemoyne,PA 17043 Phone: (717)234-4121 Fax: (717)232-6802 Email: rsiney @tuckerlaw.com HBGDB:137592-1 028491-159141 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MCCUNE LUMBER COMPANY 80 W. Burd Street, Shippensburg, PA 17257 Plaintiff Docket No.: 13-3828 Civil V. : DANNY FORRESTER : 100 Fox Hill Road, CIVIL ACTION-LAW AND EQUITY Shippensburg,PA 17257 . Defendant AMENDED COMPLAINT AND NOW COMES Plaintiff, McCune Lumber Company, by and through its counsel, Tucker Arensberg,P.C.,to state the following Amended Complaint against Defendant, Danny G. Forrester, and in support thereof avers as follows: 1. Plaintiff, McCune Lumber Company, ("McCune"), is a Pennsylvania corporation with a business address of 80 W. Burd Street, Shippensburg, PA 17257. 2. Defendant, Danny G. Forrester ("Forrester"), is an adult individual with a last known address of 100 Fox Hill Road, Shippensburg, PA 17257. 3. McCune is a distributor of lumber and construction materials. 4. Forrester has been a customer of McCune at least 2004. 5. Prior ;to 2010, McCune and Forrester entered into an arrangement whereby Forrester would place orders for goods which were then duly delivered by McCune, and Forrester would pay for such goods upon receipt of an invoice and in accordance with the terms stated on the invoice (namely that the invoice must be paid by either the 10th or 20th day of the month and would be subject to interest at 18%per annum if not timely paid). 6. At all times prior to March 2010, Forrester materially complied with the terms of credit arrangement with McCune described above. 7. In or around March 2010, Forrester spoke with Ken Geesaman, Jr. of McCune to request that Forrester's son, Danny D. Forrester, become authorized to transact business on Forrester's account pursuant to the same billing and payment terms already in effect. 8. On or about March 24 2010, Forrester orally instructed Ken Geesaman, Jr. of McCune to permit Forrester's son, Danny D. Forrester, to transact business on and act as an authorized agent on Forrester's existing account with McCune. 9. On or about March 24, 2010, Forrester orally acknowledged his agreement and understanding that, as the account owner, he would remain personally liable for the balance on his account with McCune without regard to whether the goods ordered and delivered were requested by him or by his son. 10. Forrester knew and understood that, by authorizing his son to transact business on his account with McCune, that Forrester would nevertheless be personally liable to pay McCune for any goods ordered on the account to the same extent as if the goods had been ordered by and delivered to Forrester. 11. As part of the oral agreement made on or about March 24, 2010, Forrester promised to pay for all of the goods ordered on his account by himself or by his son, in accordance with the payment terms that had already been in place (namely that the invoice must be paid by either the 10th or 20th day of the month and would be subject to interest at 18% per annum if not timely paid). 12. Forrester agreed to pay interest of 18%per annum on all balances not paid the due date printed on each invoice. 13. The interest assessed by McCune is standard and customary in the industry. 14. It is customary in the construction materials industry for individuals other than the account holder and liable party (in this case, Forrester) to be authorized by the account holder and liable party to transact business on the account. 15. The goods ordered by Forrester and delivered by McCune were intended for commercial purposes related to Forrester's or Forrester's son's business activities, and were not for personal or household use. 16. Pursuant to the arrangement and terms averred above, Forrester and/or his son placed multiple orders with McCune between March 2011 and July 2011,totaling $25,867.39. 17. McCune duly filled such orders, but Forrester has paid only $10,486.11 of the $25,867.39 balance, leaving an outstanding balance of $15,381.28. See Statement attached hereto as Exhibit"A"and invoices attached hereto as Exhibit`B." 18. Both before and after the agreement formed on or about March 24, 2010, McCune mailed invoices and statements indicating account balances and account activity to Forrester's home address. 19. Despite being provided with invoices and account statements, Forrester never contacted McCune to dispute the invoices or to revoke his authorization for his son to bill orders to Forrester's account. 20. In fact, a number of the invoices mailed to Forrester between March 2010 and March 2011 were fully or partially paid. 21. Forrester's payment of the invoices issued by McCune prior to April 2011, without objection or dispute, confirm that Forrester understood that he was liable for the balance on his account with McCune. 22. Beginning in or about April 2011, Forrester failed or refused to pay McCune's invoices. 23. Despite repeated demand, Forrester has failed or refused to pay the outstanding principal balance of$15,381.28 and the accrued interest thereon. 24. McCune has voluntarily waived any interest accrued prior to August 14, 2011. 25. Interest has accrued on the outstanding balance of $15,381.28 as of August 14, 2011, in the amount of$5,211.09 (through June 30, 2013) and continues to accrue in the amount of$7.585 per day. 26. In or about June 2012, Sandra Geesaman of McCune contacted Forrester by telephone to demand that Forrester's account balance be satisfied. 27. In or about June 2012, Forrester orally acknowledged to Sandra Geesaman of McCune that he had authorized his son to transact business on his account with McCune in March 2010. 28. In or about June 2012, Forrester orally acknowledged to Sandra Geesaman of McCune that he had received the invoices and statements mailed to him by McCune and that he did not object to or dispute the balances or account activity indicated on those invoices and statements. 29. In or about June 2012, Forrester orally acknowledged to Sandra Geesaman of McCune that understood that, as the liable parry on the account, he was responsible for satisfying the account balance. 30. At all times relevant hereto, Forrester had actual and constructive knowledge of the orders billed to his account, all of which were authorized by him and were transacted with his express permission and with the understanding that he would be liable for those orders. COUNT BREACH OF CONTRACT 31. The averments of paragraphs 1 through 30 above are incorporated herein as if set forth in their entirety. 32. McCune entered into an oral and written contract with Forrester, whereby McCune agreed to provide certain goods and Forrester agreed to pay for such goods. 33. The oral portions of the contract were entered into on or about March 24, 2010 (and confirmed again by Forrester orally in or about June 2012), and the written portions of the contract are attached as exhibits to this Amended Complaint. 34. The terms of the contract between McCune and Forrester required Forrester to pay McCune's invoices in full by the due date printed on each invoice, along with interest of 18%per annum on all invoices not timely paid. 35. To the extent that the balances on Forrester's account with McCune are attributable to orders placed by Forrester's son, Forrester orally agreed on or about March 24, 2010 (and again in or about June 2012), to be liable for those balances and instructed McCune to permit Forrester's son to transact business on the account. 36. The contract between Forrester and McCune further required Forrester to pay interest at the rate of 18%per annum on the balance not paid by the due printed on each invoice. 37. McCune performed all of the obligations required by the contract between the parties,but Forrester has failed or refused to make payment as agreed. 38. Forrester's failure or refusal to pay McCune the outstanding balance of $15,381.28 constitutes a breach of the contract. 39. Forrester's failure or refusal to pay McCune accrued interest in the amount of $5,211.09 (as of June 30, 2013, and which continues to accrue at $7.585 per day) constitutes a breach of the contact. 40. In the even this Court determines that McCune is not entitled to interest at the rate of 18% per annum, then, in the alternative, McCune is entitled to pre judgment at the legal rate from the date of default. 41. McCune has suffered damages of at least $15,381.28, plus interest, as a result of Forrester's breach of contract. WHEREFORE, Plaintiff, McCune Lumber Company, respectfully requests this Honorable Court to enter judgment in its favor and against Defendant, Danny Forrester, in the amount of $15,381.28, plus interest in the amount of $5,211.09 through June 30, 2013 (and which continues to accrue at 18% per annum or $7.585 per day)(or, in the alternative, pre- judgment interest at the legal rate), post judgment interest and such other relief which this Court deems necessary and just. COUNT II PROMISSORY ESTOPPEL 42. The averments of paragraphs 1 through 41 above are incorporated herein as if set forth in their entirety. 43. If Forrester takes the position that there is no contract between the parties, or that such contract is not valid or enforceable,then, in the alternative, Forrester is liable to McCune by way of promissory estoppel. 44. Forrester orally promised and represented to McCune on or about March 24, 2010, that, upon order and delivery of the goods provided by McCune, Forrester would pay McCune for the price of those goods as invoiced by McCune. 45. Forrester promised and represented to McCune on or about March 24, 2010 and thereafter, by both his statements and his conduct, that he would pay McCune for goods ordered and delivered on Forrester's account, regardless of whether such goods were ordered by him or by his son. 46. Forrester knew or should have known that McCune would rely on Forrester's representations. 47. In reliance on Forrester's representations, McCune duly provided the goods ordered by Forrester or by Forrester's son. 48. McCune reasonably relied on Forrester's representations and reasonably expected to be paid for the invoices submitted to Forrester and goods delivered to Forrester. 49. McCune would not have accepted and filled the orders billed to Forrester's account after March.24, 2010, but for Forrester's express representation that he would be fully liable to pay for such orders. 50. McCune has suffered damages as a result of its reliance on Forrester's representations. 51. McCune's reliance on Forrester's representations was reasonable because, among other things, Forrester did not object to or dispute the amounts invoiced by McCune. 52. The damages suffered by McCune as a result of its reliance on Forrester's representations are at least $15,381.28, representing the price of the goods delivered by McCune and accepted,without payment, by Forrester. WHEREFORE, Plaintiff, McCune Lumber Company, respectfully requests this Honorable Court to enter judgment in its favor and against Defendant, Danny Forrester, in the amount of $15,381.28, plus interest in the amount of $5,211.09 through June 30, 2013 (and which continues to accrue at 18% per annum or $7.585 per day)(or, in the alternative, pre- judgment interest at the legal rate), post judgment interest and such other relief which this Court deems necessary and just. COUNT III UNJUST ENRICHMENT 53. The averments of paragraphs 1 through 52 above are incorporated herein as if set forth in their entirety. 54. If Forrester takes the position that there is no contract between the parties, or that such contract is not valid or enforceable,then, in the alternative, Forrester is liable to McCune by way of unjust enrichment. 55. Pursuant to Forrester's requests, McCune duly delivered certain goods to Forrester, as represented by the invoices submitted to Forrester. 56. The 'provision and delivery of goods by McCune conferred a benefit upon Forrester, which Forrester has appreciated and retained. 57. Forrester knowingly accepted and retained the benefit conferred upon him by the delivery of goods by McCune. 58. Forrester expressly requested McCune to provide the benefit to Forrester of permitting Forrester's son to transact business on Forrester's account. 59. Even' if some or all of the goods delivered by McCune were ordered by or delivered to Forrester's son, Forrester has knowingly experienced, appreciated and retained a benefit conferred by McCune. 60. Forrester's acceptance and retention of the benefits conferred by McCune have resulted in Forrester being unjustly enriched at the expense of McCune. 61. It would be unjust for Forrester to retain the benefit of the goods delivered by McCune in the absence of payment for those goods. 62. Forrester has been unjustly enriched in the amount of at least $15,381.28, representing the price of the goods delivered by McCune and accepted, without payment, by Forrester. WHEREFORE, Plaintiff, McCune Lumber Company, respectfully requests this Honorable Court to enter judgment in its favor and against Defendant, Danny Forrester, in the amount of $15,381.28, plus interest in the amount of $5,211.09 through June 30, 2013 (and which continues to accrue at 18% per annum or $7.585 per day)(or, in the alternative, pre- judgment interest at the legal rate), post judgment interest and such other relief which this Court deems necessary and just. Respectfully submitted, TUCKER ARENSBERG,P.C. Dated: August 9, 2013 By Ryan f Siney, I.D. #209 2 Lemoyne Drive, Suite 200 Lemoyne,PA 17043 Phone: (717) 234-4121 Fax: (717)232-6802 Email: rsiney @tuckerlaw.com HBGDB:137592-1 028491-159141 EXHIBIT "A" McCUNE LUMBER COMPANY, INC. STATEMENT 80 WEST BURD ST SHIPPENSBURG, PA 17257 CUSTOMER NUMBER:794 DANNY FORRESTER 100 FOX HILL RD. SHIPPENSBURG, PA. 17257 INVOICE DATE INVOICE DUE DATE TYPE CHARGE CREDIT BALANCE 5/3/2011 10156814 6/20/2011 INVOICE $3,358.83 $3,358.83 5/3/2011 10156848 6/20/2011 INVOICE $39.12 $3,397.95 5/3/2011 10156889 6/20/2011 INVOICE $25.92 $3,423.87 5/6/2011 10157053 6/20/2011 INVOICE $116.75 $3,540.62 5/6/2011 10155904 6/20/2011 INVOICE $1,449.70 $4,990.32 5/6/2011 10157106 6/20/2011 INVOICE $71.34 $5,061.66 5/11/2011 10155931 6/20/2011 INVOICE $9,351.90 $14,413.56 5/11/2011 10157267 6/20/2011 INVOICE $33.87 $14,447.43 5/19/2011 10157722 6/20/2011 INVOICE $1,871.70 $16,319.13 5/2312011 10157784 6/20/2011 INVOICE -$408.23 $15,910.90 6/3/2011 39232 PAYMENT -$4,500.00 $11,410.90 6/3/2011 DISCOUNT -$47.77 $11,363.13 6/13/2011 10158883 7/20/2011 INVOICE $1,180.12 $12,543.25 6/17/2011 39455 PAYMENT -$4,500.00 $8,043.25 6/20/2011 39483 PAYMENT -$4,500.00 $3,543.25 6/20/2011 10159231 7/10/2011 INVOICE $99.38 $3,642.63 6/21/2011 10159283 7/10/2011 INVOICE $7.78 $3,650.41 6/21/2011 10159187 7/10/2011 INVOICE $4,663.63 $8,314.04 6/23/2011 10159475 7/10/2011 INVOICE $184.80 $8,498.84 6/24/2011 10159476 7/10/2011 INVOICE $378.38 $8,877.22 6/27/2011 10159567 7/10/2011 INVOICE $1,908.53 $10,785.75 6/27/2011 10159612 7/10/2011 INVOICE $160.23 $10,945.98 6/30/2011 10159863 7/10/2011 INVOICE $1,733.61 $12,679.59 7/2/2011 10159991 8/10/2011 INVOICE $48.18 $12;727.77 7/2/2011 10160008 8/10/2011 INVOICE $60.31 $12,788.08 7/7/2011 10160192 8/10/2011 INVOICE $1,746.08 $14,534.16 7/7/2011 10160195 8/10/2011 INVOICE $414.76 $14,948.92 7/12/2011 10160409 8/10/2011 INVOICE $2,284.55 $17,233.47 7/12/2011 10160451 8/10/2011 INVOICE $63.00 $17,296.47 7/13/2011 10160554 8/10/2011 INVOICE $84.81 $17,381.28 3/10/2012 42949 PAYMENT -$2,000.00 $15,381.28 EXHIBIT "B" dCune Lumber Customer Copy 80 W KURD ST Shippensburg, PA-17257 INVOICE .{717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMES! Page:1 invoice: 10155931 Special Time: 11:27:54 Instructions Ship Date: 04/13/11 invoice Date: 05/11/11 Sale rep#: 15 Bobbi Acct rep code: Due Date: w2o/11 RE PRIN" Sold To: DANNY FORRESTER Ship To: MARK MOORE ,100 FOX HILL RD. (717)423-6672 6457 MCCORMICK LANE SHIPPENSBURG, PA 17257 HARRISBURG (717)423-6672 Customer#: 794 customer Po:DANNY 860-6342 Order BY:15 1%-20TIH popimgol T 15 ORDER i SHIP 11 L. U/M ITEM# DESCRIPTION ':Aft Price/Uorn PRICE EXTENSION 240.001 240.001 L BDL I GAFTLLTWW i GAF TIMBERLINE ULTRA WEATHERWOOD 32.4400 BDL 32.44001 7785.60 OLD LIFETIME 60 SQ 22.00! 22.00 LI BDL IGAFHRWW GAF HIP&RIDGE WEATHERED WOOD 44.9900 BDL 44.99001 1:09.78 1.001 1.00 j P1 EA 'FUEL FUEL SURCHARGE j 50.0000 EA 50.00001 50,00 it I ;J F FILLED BY 3 CHECKED BY DATE SHIPPED DRIVER Sales total $8825.38 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 8775.38 Non-taxable 50.00 .1 Sales tax 6 2- 16.52 X Tax# - 1 ITOTAL FIE 1 - Customer Copy 0 0 11116 11118 IN V II IIIID IN IIIII 0 11111111111 1111111 1111111111111111111 1111111 McCune Lumber, Customer Copy 80 W BURD ST Shippensburg, PA 17257 INVOICE 532-4188 fAX {717} 530-5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIME'Si Page: 1 invoice: 10157267 Special Time: 11:32:37 Instructions Ship Date: 05/10/11 Invoice Date: 05/11/11 Sale rep#: 15 BOW Acct rep code: Due Date: 06/20/11 REFIRIN7 Sold To: DANNY FORRESTER Ship To' MARK MOORE 100 FOX HILL RD. (717)423-6672 SHIPPENSSURG,PA 17257 (717)423-6672 Customer 794 customer Po: DEAN OrderBy:8 I*A20TH popirngol T 15 ORDER SHIP L U/M I ITEM# DESCRIPTION Alt Price/Uorn PRICE EXTENSION 1.001 1.00 1 L CTN 11 12CRN 1-1/2"GALV COIL ROOF NAILS(7200) j 31,9500 CTN 1 31.95001 31.95 FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total S-31.95 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 31.95 Non-taxable 0.00 Sales tax 1.92 X Tax# 1 You may deduct$0.32 if paid by 06/20/2011. rTOTAL $_ 10,=3_87 1 - customer Copy 1111 ]111 {VIII 0 6 A L 1 X1111�Ili1 1[11111111 1111111 1111131 1111111 111 1111 McCune Lumber Customer Copy ' 80 W BURR ST Shippensburg, PA 17257 INVOICE [717) 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN X1, MERCHANT AT ALL TIMESI Page: 1 invoice: 10157722 Special Time: 14:22:15 Instructions Ship Date: 05/19/11 invoice Date: 05/19/11 Sale rep 15 Bobbi Acct rep code: Due Date: 06/20/11 REPRIN1 Sold To: DANNY FORRESTER Ship To: 735-PANZER DRIVE 100 FOX HILL RD. (717)423-6672 MECHANICKSBUIRG SHIPPENSBURG,PA 17257 (717)423-6672 Customer 794 Customer PO:DAN Order BY:4 i%20TH pophgol T 7 ' ORDER SHIP L U/M ITEIVI# DESCRIPTION Alt Price/Uom i PRICE EXTENS[ON 34.001 34.00 L BDL GAFTL30H GAF TIMBERLINE HD-WAS 30-YR HICKORY 34.5320 BDL i 34.53201 1174.09 24.00 24.00 Lj EA :WLNDE 10'WHITE LONG NECK DRIP EDGE 4.8900 EA 4.8900 117.36 2.00 t 2.00 L EA 124CSW 24"X50'WHT/WHT ALUM COIL STOC 72.5000 EA 72.5000 145,00 ' 1.00 1.00 P BX iSSTNW WHT STAINLESS STEEL TRIM NAILS(LB) 10.9500 Bx 10.9500 10.95 1.00 1.00 P BX 111 2ASN 1-1/2n ALUM SIDING NAILS{LB} 7.6000 Bx 7.6000 I 7.60 i 17.00 17,00:L PC !NT4CVW T4 CENTER VENT WHT VINYL SOFFIT 10.4850 PC i 10.4850 178.25 i i 12.00 12.00 L PC NVFW NAPCO VINYL F-CHANNEL WHITE 6.8900 PC 6.8900 82.68! 6.00 6.001 L PC 1AH58JW 15/8"ADDISON HEIGHTS VINYL J-CHNL WHT i 5.1200 PC 5.1200 30,72 1.00, 1.00 P EA :FUEL FUEL SURCHARGE i 15,0000 EA 15.00001 15.00 ADDED 1.001 1.00 L EA 6982136 1 11919 THERMO ROOF FLASH 1.25-3 4,9500 EA i 4.9500 4.95 4, 2. FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $1766.60 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 1751.60 !Non-taxable 15.00 Salestax 105.10 X !Tax# 1 You may deduct$17.52 if paid by 06/20/2011. 1 Customer Copy 1111111111111111 HIM 111111111111111111 HE IN 0 0 6 B 3 M 0 0 1 3 G T K B F 1 McCune Lumber Customer Copy 80WBURDST Shippensburg, PA 17257 CREDIT INVCa'nCE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN,ACT MERCHANT AT ALL TIMES! Page: 1 Invoice: 10157784 Special Time: 09:36:01 Instructions Ship Date: 05/20/11 CRIEDIT Invoice Date: 05/23/11 Sale rep#: 15 BObbi Acct rep code: Due Date: 06/20/11 REIRRI t Sold To: DANNY FORRESTER Ship To: DANNY FORRESTER 100 FOX HILL RD. (717)423-6672 100 FOX HILL RD. SHIPPENSBURG;PA 17257 SHIPPENSBURG, PA 17257 (717)423-6672 Customer#: 794 Customer PO: DANNY Order By:15 1%20TH popimgol T 15 ORDER SHIP j Ljj U/M ITEM# j DESCRIPTION Alt Price/Uom € PRICE ;EXTENSION -9.00 -9.00'L� BDL €GAFTL30H lGAF TIMBERLINE HD-WAS 30-YR HICKORY 34.5320 BDL 34.53201 -3,10.79 1 F I Credited from invoice 10157722 -16.00 -16.00!Lj EA WLNDE 10,WHITE LONG NECK DRIP EDGE 4.6455 EA 4.6455 -74.33 Credited from invoice 10156814 ! i f i ! i I j ; F . i F ! I Z i f FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $--1335.12 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable -385.12 Non-taxable 0.00 Sales tax ?3.11 X Tax# 1 You may deduct$-0.74 if paid by 06/20/2011. :s�., TOTAL $-,91Ck8.23 1 - Customer Copy * 0 0 6 B . 5 N 0 0 1 1 U 2 U T T F McCune Lumber Customer Copy 80 W URD ST Shippen bB g, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN P.r MERCHANT AT ALL TIMES! Page: 1 invoice: .10158883 Special Time: 13:34:29 Instructions Ship Date: 06/13/11 Invoice Date: 06/13/11 Sale rep#: 15 Bobbi Acct rep code: Due Date: 07/20/11 REiPRIN Sold To: DANNY FORRESTER Ship To: 1254 ALMA DR 100 FOX HILL RD. (717)423-6672 SHIPPENSBURG, PA 17257 (717)423-6672 Customer#: 794 Customer PO: DANNY Order By:$ i i 2oTH popimgol T 11 ORDER t SHIP 1-4 U/M I ITEM# DESCRIPTION :Alt Price/Uom € PRICE EXTENSION 30.001 30.00 Ll BDL GAFTL30SH GAF TIMBERLINE HD-WAS 30-YR SHAKEWOOD 35.1140 BDL 35.1140'1 14'53.42 2.00 2.00 L BDL i OCSDT O.C.25YR DESERT TAN SUPREME SHINGLES 29.9500 BDL 29.9500 59.90 i E f i I I I t I ? i j I i _ FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $1-1 13.32 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 1113.32 Non-taxable 0.00 Sales tax 66.80 X Tax# 1 You may deduct$11.13 if paid by 07/20/2011. TOTAL $116 80.12 1 - Customer Copy 111111 IIIII IIIII 111111 IIIIII IN 1111111111111111111111111111111111111111111111111111111111. * 0 0 6 C K A 0 0 1 ' 2 K V 5 0 N I McCune Lumber Customer Copy 80 W BURD ST Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN A-r MERCHANT AT ALL TIMES! Page: 1 Invoice: 10159231 Special Time: 12:52:06 Instructions Ship Date: 06/20/11 Invoice Date: 06/20/11 Sale rep#: 20 Brad Acct rep code: Due Date: 07/10/11 RE FI RI N' Sold To: DANNY FORRESTER Ship To: STEVE COHICK . 100 FOX HILL RD. (717)423-6672 SHIPPENSBURG,PA 17257 (717)423-6672 Customer#: 794 Customer PO: DANNY Order Bv:B 10TH popimgol T 7 ORDER j SHIP IL I U/M ITEM# DESCRIPTION Alt Price/Uom € PRICE EXTE14SION 2.001 2.00 L 5GAL PMFC5G 82505 POLYMER MODIFIED FOUNDATION COATI 1 39.8525 5GAL1 39.852511 79.71 5 GAL j 1.00 1.001 P EA 16012348 RF215 NO-SLIP ROLLER FRAME 5.2155 EA 5.21551 5.22 1.00 1.001 P EA 0328608 54109 WOOD HANDLE THREADED CON 4.4555 EA 4.45551 4.46 1.001 1.00'Pi EA 16767131 R240-9 9X1/2" ROLLER COVER 4.3605 EA 4.36051 4.36 j ! f ' I I I � I j I E i ! I i I ii j~ FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total iI I3.75 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 93.75 Non-taxable 0.00 Sales tax 5.63 X Tax# 1 TOTAL $I 9s 1 - Customer Copy 1 111111 IIIII IIIII 111111 III 111111 IIIII IIIII QIIII IIIII II011111111111111111111111111111II III * 0 0 6 C V 4 0 , 0 1 1 M M 7 0 B F McCune Lumber Customer Copy 80 W BURD ST Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMES! Page: 1 Invoice: 10159283 Special Time: 07:18:42 Instructions Ship Date: 06/21/11 Invoice Date: 06/21/11 Sale rep#: 15 Bobbi Acct rep code: Due Date: 07/1 o/11 RE PIRIN"' Sold To: DANNY FORRESTER Ship To: DANNY FORRESTER 100 FOX HILL RD. (717)423-6672 100 FOX HILL RD. SHIPPENSBURG, PA 17257 SHIPPENSBURG, PA 17257 (717)423-6672 Customer#: 794 Customer PO: DANNY Order By: 10TH popimgot T 7 ORDER; SHIP i L! U/M ITEM 1 DESCRIPTION €Alt Price/Uom PRICE i EXTENISION 2.00! 2.00 4 P) CG 6522767 88810 WOOD SPADE BIT 5/8 3.6708 co 3.6708 i 7.34 E I f i l I ' f I I � I I i i i I i I i I i. ! FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total '$7.34 SHIP VIA RECEIVED COMPLETE AND IN GOOD.CONDITION Taxable 7.34 Non-taxable 0.00 Sales tax 0.44 X Tax# 1 epees TOTAL 1'::;P.78 1 - Customer Copy 111111 VIII VIII 111111 IN 1111111111111111111.11111 VIII 1111111 1111 111111 VIII III Illlll III IN * 0 0 6 D 0 0 0 0 1 1 L E 0 N 0 B McCune Lumber Customer Copy 80 W BURD ST Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMESt Page: 1 , invoice: 10159187 Special Time: 07:29:02 Instructions Ship Date: 06/17/11 Invoice Date: 06/21/11 Sale rep#: 15 Bobbi Acct rep code: Due Date: 07/10/11 RE;i'IR N Sold To: DANNY FORRESTER Ship To: STEVE COHICK 100 FOX HILL RD. (717)423-6672 625 GRHAMS WOOD RD SHIPPENSBURG, PA 17257 (717)423-6672 Customer#: 794 Customer PO: DANNY Order By:5 10TH popimgot T 11 ORDER( SHIP 10 U/M i ITEM# i DESCRIPTION €Alt Price/Uom I PRICE i EXTENSION CANCELED 2X6X12T i 40.00 40.00 L� PC :21012S 2 X 10 X 12 SPF ? 494.0400 MBF 11 9.8808 '3:35.23 40.00 40.00 Li PC I 21014 2 X 10 X 14 SPF i 496.4021 MSF j 11.5827 463.31 30.00' 30.00 L( PC 21016S 2 X 10 X 16 SPF 496.7994 MBF 13.24801 E3,97.44 6.001 Li PC 2814S 2 X 8 X 14 SPF 476.0991 MF 1 8.8872 53.32 6.001 6.00 6.00 L� PC 2812S 2 X 8 X 12 SPF € 480.7000 MBF'1 7.6912 i .46.15 6.001 6.00!L j PC 12808S 2 X 8 X 8 SPF 484.7235 MBF! 5.1704E 31.02 9.00 9.00 j Li PC 2616S 2 X 6 X 16 SPF 437.0000 MBF 6.9920 152.93 140.00 140.00 L! PC :24PCS 2 X 4 X 92-5/8 SPF 410.5526 MBF:! 2.1896. 306.54 50.001 50.00 Lj PC 326PCS 2 X 6 X 92-5/8 SPF 446.2000 MSF 3.56961 1'78.48 80.00 80.00 LI PC €2416S 2 X 4 X 16 SPF 439.0018 MBF 4.6827' 374.62 38.001 38.00 Lj PC 2616S 2 X 6 X 16 SPF i 437.0000 MBF 6.9920 2135.70 56.001 56.001 Li PC 58CDXP 5/8 X 4 X 8 CDX PINE 495.9375 MSF 15.8700 E388.72 36.00, 36.00 Lj PC 34TGAF 3/4 X 4 X 8 T&G ANDVANTECH FLOORING 703.8000 MSF i 22.5216 i E310.78 1.00 1.00 P! EA FUEL FUEL SURCHARGE 0.0000 EA € 0.0000 j 0.00 i ADDED j 12.00! 12.00 L� PC 21012T 2 X 10 X 12 TREATED YELLOW PINE j 522.5600 MBF 10.4512• ?125.41 w. I : f I j I is I I ( FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $4-:31)9.65 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 4399.65 Non-taxable 0.00 Sales tax ;''63.98 X Tax# 1 TBF: 4864 TOTAL $4C;,63.63 1 - Customer Copy 1 11111111111 IIIII 111111 HIM 11111111 IIIII IIIII IIIII 1111111 IIIII 1111111111111111111111111.1 * 0 0 6 C T 0 0 0 1 2 L P R 7 C I McCune Lumber Customer Copy 80 W BURD ST Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAINXr MERCHANT AT ALL TIMESI Page: 1 -Invoice: 10159475 Special rime: 13:20:12 Instructions Ship Date: 06/23/11 invoice Date: 06/23/11 Sale rep#: 15 Bobbil Acct rep code: Due Date: w/lotil REFIRK Sold To: DANNY FORRESTER Ship To: BLOSERVILLE 100 FOX HILL RD. (717)423-6672 .SHIPPENSBURG,PA 17257 (717)423-6672 Customer* 794 customer PO:MIKE Order By:j 5 10TH popimgol T 7 ORDER I SHIP I LE U/M I ITEM# DESCRIPTION =Alt Price/Uom i PRICE EXTEN':,ION 25.001 25.00 i Li PC t:7160SB 7/16 X 4 X 8 WAFERBOARD 217.9250 MSF 6.9736 i -174,34 � I i l i i ; kI FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $1.14.34 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 174.34 Non-taxable 0.00 Sales tax '10.46 X Tax# I I TOTAL $1 ii, 1 - Customer CoPY 2810 111111111111111111111111111111111111111111111111111111 0 0 6 D 6 G 0 0 1 2 • 8 D T 8 F 8 McCune Lumber Customer Copy 80 W KURD ST Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMES! Page: 1 invoice: 10159476 Special Time: 07:20:59 Instructions Ship Date: 06/23/11 invoice Date: 06/24111 Sale rep#:, 15 BOW Acct rep code-, Due Date: owio/ii REPRIN' Sold To: DANNY FORRESTER Ship To: BLOSERVILLE 100 FOX HILL RD. (717)423-6672 SHIPPENSBURG,PA 17257 (717)423-6672 Customer#:. 794 customer PO:MIKE Order BY:15 10TH popimgol T 15 ORDER SHIP ;L1 U/M ITEM# DESCRIPTION Alt Price/Uom PRICE EXTENSION 100.001 100.00 L PC 26PCS 2 X 6 X 92-5/8 SPF 446,2000 MBF 3.56961 "356.96 FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $3 56.96 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION - Taxable 356.96 Non-taxable 0.00 Sales tax 21.42 X :Tax# TBF: 800 I TOTAL $3;'5 .38 1 - Customer Copy 0 0 6 D 6 H 0 0 1 3 4 B R C D U McCune Lumber Customer Copy 80 W BURD ST Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMES! Page: 1 Invoice: 10159567 Special Time: 13:31:23 Instructions Ship Date: 06/24/11 Invoice Date: 06/27/11 Sale rep#: 15 Bobbi Acct rep code: Due Date: 07/10/11 RE:PRIM Sold To: DANNY FORRESTER Ship To: 625 GRAHAMS WOODS RD 100 FOX HILL RD. (717)423-6672 SHIPPENSBURG, PA 17257 (717)423-6672 Customer#: 794 Customer PO: DANNY Order By:15 10TH popimgot T 11 ORDER i SHIP Lf U/M ITEM# ; DESCRIPTION :Alt Price/Uom PRICE EXTE,ISION 48.00E 48.00 L! BDL GAFTL30B GAF TIMBERLINE HD-WAS 30-YR BARKWOOD 32.9420 BDL i 32.94201 15131.22 1.00 1.00 Pi CTN j 114CRN 1-1/4"GALV COIL ROOF NAILS(7200} 28.4525 crN 28.4525 28.45 2.00 2.00 L� BDL iGAFHRB GAF HIP&RIDGE BARKWOOD 44.4990 BDL 44.49901 139.00 14.00 14.00 L EA I WDE 10'WHITE ALUM DRIP EDGE 3.2775 EA 3.27751 45.89 8.00 8.00 LI PC I2616S 2 X 6 X 16 SPF 437.0000 MBF 6.99201 55.94 F; t i e 1 i I t i I " I ! t i FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $11 I{}150 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 1800.50 Non-taxable 0.00 Sales tax -108.03 X Tax# 1 TBF: 128 TOTAL $191;;p;:53 1 - Customer Copy 1 111111 IIIII IIIII 111111 Illf 111111 IIII IIIII 11111.111111111111 III 111111 III 11111111 fill III 1111 * 0 0 6 D 9 E 0 0 1 2 S 8 F V 'L I McCune Lumber 80 W BURD ST Customer Copy Shippensburg, PA 17257 INVOICE .{717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIME';! Page: 1 Invoice: 10159612 Special Instructions Time: 13:31:49 Ship Date: 06/27/11 Invoice Date: 06/27/11 Sale rep#: 15 BOON Invoice rep code: Due Date: 07/10/11 RE.PRIN Sold To: DANNY FORRESTER Ship To: 625 GRAHAMS WOODS RD 100 FOX HILL RD. (717)423-6672 SHIPPENSBURG, PA 17257 (717)423-6672 customer#: 794 Customer Po: DANNY Order By:15 10TH popimgol T 7 ORDER I SHIP Li U/M I ITEM# I DESCRIPTION Alt Price/Uom PRICE EXTENSION 6.001 6.00 Li PC :58CDXP 5/8 X 4 X 8 CDX PINE € 495.9375 MsF l 15.8700 95.22 f ! ' I I ADDED 8.00 8.00 L PC `2616S 2 X 6 X 16 SPF I 437.0000 MBF 6.99201 ',55.94 I � j I r i f f r i I E II E f i i ! iI I ! ! I F f FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $1 51.16 SHIP VIA CUSTOMER PICKUP RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 151.16 Non-taxable 0.00 Sales tax 'I.07 X Tax# 1 TBF: 128 TOTAL $1("(5.2 1 - Customer Copy 0 0 6 D A U 0 0 1 0 G J 0 0 H 3 McCune Lumber 80 W BURD ST Customer Copy Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMESi FInstructions Invoice: 10159863 Time: 10:10:32 Ship Date: 06/30/11 Invoice Date: 06/30/11 Sale rep#: 10 Rodger Acct rep code: Due Date: 07/10/11 REFIRM Sold To: DANNY FORRESTER Ship To: DANNY FORRESTER 100 FOX HILL RD. (717)423-6672 100 FOX HILL RD. SHIPPENSBURG,PA 17257 SHIPPENSBURG, PA 17257 (717)423-6672 Customer#: 794 Customer PO:DANNY Order By: 10TH popimgol T 29 ORDER I SHIP :Li U/M ITEM# ! DESCRIPTION Alt Price/Uom PRICE EXTEI�d3ION- 1.00i 1.0071 EA 'TRUSS ROOF TRUSS PACKAGE € 1382.4800 EA 1382.48001 1'?i 32.48 2.001 2.00:PI EA :TRUSS 1 HR. CRANE TIME 95.0000 EA 95.0000; 190.00 7.00 7.00 P( EA :TRUSS TRUSS SPACERS OFF TRUSS TRUCK 9.0000 EA 9.00001 63.00 jt I II� i I I I ' s I f I E I i i E f f I 1 i FILLED BY CHECKED BY DATE SHIPPED DRIVER S812S total $16:35.48 :35.48 SHIP VIA DIRECT/APM/CRANE - RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 1635.48 Non-taxable 0.00 Sales tax ;31;3.13 X Tax# 1 TOTAL $17.c�:1.61 1 - Customer Copy * 0 0 6 D I T 0 0 1 2 K V 0 B K 7 McCune Lumber Customer C 80 W BURD ST opt Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN X11 MERCHANT AT ALL TIMES I Page: i Invoice: 10159991 Special Time: 08:30:09 Instructions Ship Date: 07/02/11 Invoice Date: 07/02/11 Sale rep#: 15 BObbl Acct rep code: Due Date: OJ3/i 0/1 l RE FIRW Sold To: DANNY FORRESTER Ship To: DANNY FORRESTER 100 FOX HILL RD. (717)423-6672 100 FOX HILL RD. SHIPPENSBURG, PA 17257 SHIPPENSBURG, PA 17257 (717)423-6672 Customer#: 794 Customer PO: DANNY Order BY:5 10TH popimgot T 7 ORDER I SHIP L! U/M ITEM# DESCRIPTION ;Alt Price/Uom PRICE f EXTEIdiION 1.001 1.00 L� BDL 1GAFHRB GAF HIP&RIDGE BARKWOOD 45.4545 BDL 45.45451 45.45 { I I I i I 1 i i f f i I I I ; f I i I � f i j I i FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total ^ $4,5.45 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 45.45 Non-taxable 0.00 Sales tax 2.73 X Tax# 1 TOTAL 11.18 1 - Customer Copy 1 111111 IIIII IIIII 111111 II 111111111111111111111111111111111111111 IIII 111111 VIII I III III IIII * 0 0 6 E 3 D 0 0 1 2 0 T E K M J .McCune Lumber 80 W BURR ST Customer Cope Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN.AT MERCHANT AT ALL TIME',! Page: 1 Invoice: 10160008 Special Time: 10:17:33 Instructions Ship Date: 07/02/11 Invoice Date: 07/02/11 Sale rep#: 5 James Acct rep code: Due Date: 08/10/11 RE FI RI N Sold To: DANNY FORRESTER Ship To: DANNY FORRESTER 100 FOX HILL RD. (717)423-6672 100 FOX HILL RD. SHIPPENSBURG, PA 17257 SHIPPENSBURG, PA 17257 (717)423-6672 Customer#: 794 Customer PO:JASON Order By: 10TH popimgol T 11 ORDER j SHIP 1 Lr U/M ITEM# DESCRIPTION. 'Alt Price/Uom PRICE EXTEI,d>ION 1.00 1.001 Pj EA 13686755 I FB52NVPLY505/FB352 DBDBLT KA4 56.8955 EA € 56.8955! 66.90 I ; E I I l i ` I I 1 � I { t I ' i FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total r..... r 0 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 56.90 Non-taxable 0.00 Sales tax X Tax# 1 TOTAL 1 - Customer Copy I Iselll ISIII VIII 111011 IIDI 1111111 111 11111 VIII 110@111110 0111111111111111111 I11III 111111 * 0 0 6 E 3 S 0 0 1 1 6 1 I F F L McCune Lumber Customer Copy 80 W BURD ST Shippensburg, PA 17257 INVOICE {717} 532=4188 FAX {717} 530-5303 THIS COPY MUST REMAIN i1T MERCHANT AT ALL TIMEM Page: 1 Invoice: 10160192 Special Time: 12:18:15 Instructions Ship Date: 07/07/11 Invoice Date: 07/07/11 Sale rep#: 15 Bobbi Acct rep code: Due Date: 08/10/11 R E FIRI N Sold To: DANNY FORRESTER Ship To: THORNWOOD MANAION 100 FOX HILL RD. (717)423-6672 END OF RIDGE STREET SHIPPENSBURG,PA 17257 CARLISLE (717)423-6672 Customer#: 794 Customer PO: DANNY Order By:4 lore popimgol T i ORDER i SHIP LI U/M ITEM# I DESCRIPTION :Alt Price/Uom PRICE 'EXTI:INISION 36.00 36.00:LI BDL GAFTL30WBS GAF TIMBERLINE HD-WAS 30-YR WILLIAMSBURG 34.4890 BDL ; 34.48901 1 SLATE 6.00 6.001 L( BDL €GAFHRWBS GAF HIP&RIDGE WILLIAMSBURG SLATE 45.4545 BDL ; 45.4545 :'.72.73 1.00 1.00:PIf CTN 1114CRN 1-1/4"GALV COIL ROOF NAILS(7200} 28.4525 CTN 28.45251 28.45 20.00f1 20.001 L) EA i WLNDE 10'WHITE LONG NECK DRIP EDGE 4.9875 EA 4.9875: 99.75 1.00 1.00:PI EA FUEL FUEL SURCHARGE 5.0000 EA 5.00001 5.00 I I I , I i I I I f II i 1 fl i i i 1 1 FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $1 347.53 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 1642.53 Non-taxable 5.00 Sales tax 108.55 X , Tax# 1 TOTAL $1;J'46.08 1 - Customer Copy 1 111111 IIIII IIIII 111111 IIII 1111111 III IIIII IIIII IIIII IIIII 111111 IIII 1111111 IIII IIII 11111111 * 0 0 6 E 9 K 0 0 1 2 9 G 8 M H 4 McCune Lumber Customer Copy 80 W BURD ST Shippensburg, PA 17257 NVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMESI Page: 1 invoice: 10160195 Special Time: 12:18:47 Instructions Ship Pate: 07/07/11 invoice Date: 07/07/11 Sale rep#: 15 Bobbi Acct rep code: Due Date: 08/10/11 REFORINT Sold To: DANNY FORRESTER Ship To: 625-GRAMSWOOD ROAD 100 FOX HILL RD. (717)423-6672 NEWILLE SHIPPENSBURG,PA 17257 (717)423-6672 Customer#: 794 Customer PO: DANNY Order By:4 10TH poplmgol T 7 DESCRIPTION PRICE EXTENSION ORDER -SHIP jLj U/M ITEM# I ;Alt Price/Uorn 8.001 8.00 4 L4 PC NT4SW T4 SOLID WHT VINYL SOFFIT 9,6695 PC 9.66951 77.36 17.001 17.001 L PC 'NT4CVW T4 CENTER VENT WHT VINYL SOFFIT 9.6695 PC 4 9.66951 -164.38 2.001 ZOO;L EA 124CSW 24"X50'WHT/VVHT ALUM COIL STOC 67.7580 EA 1 67.7580 135.52 1.001 1'.00'P BX !SSTNW WHT STAINLESS STEEL TRIM NAILS(LB) 9.3075 Bx 9.3075 9.31 1.001 1.00:P EA s FUEL FUEL SURCHARGE 5.0000 EA 5.0000, 5.00 4 FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $391,57 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION - Taxable 386.57 Non-taxable 5.00 Sales tax 23.19 X Tax# 1 ITOTAL $414.76 1 Customer Copy IN 11111111111111111111111111111111111111111111111111111111111 n n r 17 0 T\T n n 1 2 T D L A G M McCune Lumber Customer Copy 80 W BUD ST Shippensburg,R PA 17257 INVOICE 17171532-4188 FAX (717} 530-5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMESI 16- Page: 1 invoice: 10160409 Special Time: 07:29:34 Instructions Ship Date: 07/11/11 invoice Date: 07/12/11 Sale rep#: 15 Bobbi Acct rep code: Due Date: 08/10/11 REPRINT Sold To: DANNY FORRESTER Ship To: GRAHAMS WOODS RD 100 FOX HILL RD. (717)423-6672 SHIPPENSBURG,-PA 17257 (717)423-6672 Customer#: 794 Customer PO: DANNY Order BY:15 10TH popimgol T 7 ORDER 1 SHIP LE U/M ITEM# I DESCRIPTION Alt Price/Uom PRICE 'I EXTEN,1510N 14.001i 14.00 L BDL 'ME23 6 X 15 X 93 BIB KRAFT R-21 INSULATION 499.7036 MSF 33.88491 474.39 {67.81 SQ FT}K77/ME23 18.001 18.00 1 L RL E57 12 X 24 KRAFT R-38 INSUL(64.OSF) 809.2969 MSF 51.79501 9:32.31 W71/E57 20.00 20.0 01 L BDL ME24 9 X 15 KRAFT 8-30 INSUL{58.63SF} 620.1586 MSF 1 36.3599 i 727.20 W79/ME24 1.00 1.00E P BX 6954846 IS16-BP INSULAT SPRT161N 500BX 16.6155 ex 1 16.6155 16.62 1.00 1.00 P EA FUEL FUEL SURCHARGE 5.0000 EA 5.0000 5.00 4, FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $2-455.52 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 2150.52 Non-taxable .5.00 Sales tax 129:03 X Tax# 1 ITOTAL $2284.55 1 - Customer Copy - n 0 6 E G E 0 0 1 0 0 J I S T P McCune Lumber Customer Copy 80 W BURD ST INVOICE Shippensburg, PA 17257 {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN MERCHANT AT ALL TIMES!! Page: 1 invoice: 10160451 Time: 12:43:16 Special Instructions Ship Date: 07/12/11 Invoice Date: 07/12/11 Sale rep#: 15 BObbi Acct rep code: Due Date: 08/10/11 REF1RINT Sold To: DANNY FORRESTER Ship To: GRAHMS WOODS RD 100 FOX HILL RD. (717)423-6672 SHIPPENSBURG,PA 17257 (717)423-6672 Customer#: 794 Customer PO:DANNY Order By:5 toTH poplmgol „^F T 11 ORDER SHIP L U/M ITEM# DESCRIPTION Alt Price/Uom PRICE i EXTEI I;:;ION 1.4400 Pc 1.4400` 54.72 38.00 38.00 L' PC PVENT PROPER VENT{TWIN SIZE} I 1.00' 1.00'P� EA `FUEL FUEL SURCHARGE 5.0000 EA € 5.0000 5.00 I E E I I II I I I I � t I I 1 �4 I I f ! ' I i i i I .. .. I I FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $59.72 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 54.72 Non-taxable 5.00 Sales tax 3.28 X Tax# 1 _.. TOTAL 1;1(>3.00 1 - Customer Copy 111111111111111111 hill 111111 11111 111111 1111111 11111111111111111111111111 Ell ii i n n 6 E x McCune Lumber Customer Copy 80 W BURD ST INVOICE Shippensburg, PA 17257 ;717} 532-4188 FAX 11 530-5303 THIS COPY MUST REMAIN AT L 717� MERCHANT AT ALL TIMES! Page: 1 Invoice: 10160554 Special Time: 10:48:57 Instructions Ship Date: 07/13/11 Invoice Date: 07/13/11 Sale rep#: 15 BObbl Acct rep code: Due Date: 08/10/11 RE I tiNT Sold To: DANNY FORRESTER Ship To: 100 FOX HILL RD. (717)423-6672 SHIPPENSBURG, PA 17257 (717)423-6672 Customer m 794 customer PO:JASON Order By:20 1oTH popimgot T 7 ORDER SHIP LI U/M ITEM# DESCRIPTION Alt Price/Uom PRICE EXTE115SION 2.00 i 2.00:L BDL €W01 3-1/2 X 15 KRAFT R-11 INSUL(155.OSF) 258.0968 MSF i 40.00501 80.01 I i I � j I I f � I I I I II i F ! i i E i ! E FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total V30.01 SHIP VIA CUSTOMER PICKUP RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 80.01 Non-taxable 0.00 Sales tax 4.80 X Tax# 1 TOTAL �I��:i�•$� 1 - Customer Copy I�10��10��II��I��I�I�I�I��I��II�I�II��11111 11111 HIM 11111111111 1111 111111 IN 11111e1� VERIFICATION The undersigned, Sandra.Geesaman,hereby verifies and states that: l: She is an officer of McCune Lumber Company,the Plaintiff within; 2., She is authorized to make this Verification on the Plaintiff's behalf, 3. The.facts set forth in the foregoing Amended Complaint are true and correct to the Best of her knowledge,information and'belief,and 4. She is aware that,any,false statements herein are made subject to the penalties of 18.Pa..C.S.A. ,§4904,relating to,unsworir falsification to authorities. Dated: August,2013 , Sandra Geesama. CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of Plaintiff s Amended Complaint by depositing same in the United States Postal Service, first class postage prepaid on the 9h day of August, 2013, addressed as follows: Sally J. Winder, Esquire P.O. Box 341 Newville, PA 17241 TUC AREN , P Dated: August 9, 2013 By Ry . Siney, I.D. #249190 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Phone: (717) 234-4121 Fax: (717)232-6802 Email: rsiney @tuckerlaw.com m ate' rTI N CD r— {° .Z �C_ _MC-D MCCUNE LUMBER COMPANY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. NO..3828 OF 2013 DANNY FORRESTER, CIVIL ACTION-LAW AND EQUITY Defendant NOTICE TO PLEAD To: McCune Lumber Company,Plaintiff You are hereby notified to file a written response to the enclosed Preliminary Objections and Demurrer within twenty(20) days from service hereof or a judgment may be entered against you. Sally J. Winder,Esquire Attorney for Defendant Court ID 24705 P.O. Box 341 Newville,PA 17241 Telephone: (717) 776 6656 w -; rte- co _a CD Z- DC QC-, MCCUNE LUMBER COMPANY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. NO.3828 OF 2013 DANNY FORRESTER, CIVIL ACTION—LAW AND EQUITY Defendant DEFENDANT DANNY FORRESTER'S PRELIMINARY OBJECTIONS TO PLAINTIFF MCCUNE LUMBER COMPANY'S AMENDED COMPLAINT COMES NOW the Defendant Danny Forrester, by and through his attorney Sally J. Winder and files the following Preliminary Objections to Plaintiffs Amended Complaint: FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT 1. Plaintiff McCune Lumber Company's ("McCune") Complaint and Amended Complaint contain averments which are inconsistent in fact. 2. McCune avers in paragraph 4 of the Complaint that defendant Danny Forrester ("Forrester")on about May 3, 2011, entered into an"arrangement"with McCune whereby unspecified third persons would be allowed to p[laced orders for materials on Forrester's account. 3. McCune avers in paragraphs 7 through 12 of the Amended Complaint that it was in March of 2010, and specifically on March 24, 2010,that Forrester made an agreement with a representative of McCune that Forrester's son,Danny D. Forrester("Danny") would thereafter be authorized to place orders on Forrester's account and obtain materials from McCune for his own purposes. 4. Pennsylvania Rule of Civil;Procedure (Pa.R.C.P.) 1024(b) states that,where a pleading contains averments which are inconsistent in fact,the verification"shall state that the signer has been unable after reasonable investigation to ascertain which. of the inconsistent averments, specifying them,are true but that the signer has knowledge or information sufficient to form a belief that one of them is true.". 5. The verification of the Amended Complaint fails to include the language specified in Pa.R.C.P. 1019(b). 6. By failing to state the specified language of Pa.R.C.P. 1019(b) in its verification of the Amended Complaint,McCune has violated the specified rule of court. 7. For violation of the specified rule of court,McCune's Amended Complaint should be dismissed. FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT 8. Pa.R.C.P. 1019(i) states that if a claim is based on a writing,the plaintiff shall attach a copy of the writing to the pleading unless the writing is not accessible to the plaintiff. 9. McCune avers in paragraphs 33 and 34 of the Amended Complaint that it and Forrester entered into a written contract which required Forrester to pay interest on unpaid balances in his account at the rate of 18%per year. McCune further avers that the written portion of said contract may be found in the invoices attached as Exhibit "B"to the Amended Complaint. 10. McCune's invoices attached to the Amended Complaint as Exhibit`B"contain no statement or information about interest charged, or to be charged, on the Forrester account, and contain no signature of Forrester or any other indication that Forrester assented or agreed'to-the imposition of any interest on unpaid balances in his account. 11. Pennsylvania commercial law requires that a buyer give assent or agreement in writing before any interest can be charged on unpaid balances in a commercial account. 12.By failing to attach any writing to which Forrester assented or agreed to the charging of interest the specified rule of court. 13. For violation of the specified rule of court,the claim(s)in McCune's Amended Complaint for 18%interest, or for any pre judgment interest, in this case, should be dismissed. DEMURRER AND MOTION FOR MORE SPECIFIC COMPLAINT 14. McCune avers in Count III of its Amended Complaint a cause of action for unjust enrichment against Forrester. 2 15. McCune claims in Count III that,by allowing Forrester's son to order and receive materials on Forrester's account, McCune has conferred a benefit upon Forrester, amounting to unjust enrichment in an amount which McCune should be able to collect as monetary damages. 16.Nowhere in the averments of Count III does McCune anywhere specify the nature of the benefit McCune contends to have been conferred upon Forrester. 17.No reasonable inference can be drawn from the mere relationship between Forrester and Forrester's son that materials ordered and received by Forrester's son confer a benefit upon Forrester. 18. For its failure in Count III to aver with specificity the benefit conferred upon Forrester,McCune, in Count III, fails to state a claim for unjust enrichment upon which relief may be granted. 19. For its failure to state'a clam upon which relief may be granted, Count III of McCune's Amended Complaint should be dismissed, or in the alternative, McCune should be order to plead with specificity the nature of the benefit it contends was conferred upon Forrester. DEMURRER 20. Forrester has a son who also bears the name of Danny Forrester. 21. Forrester believes,and therefore avers,that his son Danny Forrester operated a construction business between April 2011 and July 2011. 22. During this specified interval of time Forrester had a revolving charge account with McCune. 23. During this interval of time,Forrester did not authorize his son Danny Forrester or anyone else to order construction materials from McCune and bill them to Forrester's account. 24. During this interval of time, Forrester received no benefit from any of the construction materials ordered and billed to his account with McCune. 3 25. During this interval of time,Forrester had no knowledge of the construction materials which were being ordered and billed to his account. 26. Forrester believes,and therefore avers,that during this interval of time all construction materials from McCune were ordered by his son Danny Forrester, or someone else on his behalf, for the sole benefit of the construction business then being operated by his son Danny Forrester and a third party. 27. Forrester believes, and therefore avers,that his son Danny Forrester concealed any McCune invoices mailed to Forrester's address during this time interval, and actively prevented Forrester from learning about the situation. 28. McCune knew,or reasonably should have known, that Forrester's son Danny Forrester was ordering the construction materials for use in his own construction business. 29. Under the circumstances, any claim which McCune has is a claim against the son Danny Forrester and not a claim against defendant Danny Forrester. 30. Under these circumstances,the Amended Complaint of McCune against Forrester should be dismissed. DEMURRER 31. McCune avers in paragraphs 32 through 36 of the Amended Complaint that Forrester entered into an oral agreement with McCune on or about March 24, 2010,the terms of which are set out in the specified paragraphs of the Amended Complaint. 32. The person with whom Forrester is alleged to have entered into the oral agreement is Ken Geesaman, Jr. 33. Defendant believes, and therefore avers,that Ken Geesaman,Jr is deceased. 34. Under provisions of the Pennsylvania Dead Man's Act,McCune is barred from entering into evidence terms of the alleged oral agreement through oral or written testimony of the specified deceased individual. 35. Without oral or written testimony from the specified deceased individual, McCune cannot prove the existence of the alleged oral agreement. 4 36. Without the existence of the alleged oral agreement, McCune fails to state a claim upon which relief may be granted. 37. McCune's Amended Complaint should be dismissed. WHEREFORE,for the foregoing reasons,Defendant Danny Forrester requests this Court dismiss Plaintiff Amended Complaint ,or, in the alternative, order that McCune plead with adequate specificity the nature of the benefit supposedly conferred by it upon Forrester. Respectfully submitted, ,- .4 , .( )/ I �?& - )jj4, Sally J.&inder Attorney for Defendant Danny Forrester Court ID 24705 PO Box 341 Newville, PA 17241 Telephone 717.776.6656 5 VERIFICATION I, Danny Forrester, verify that the statements made in the foregoing Preliminary Objections and Demurrer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. section 4904, relating to unworn falsification to authorities. Date: ?j Danny Forrester MCCUNE LUMBER COMPANY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. NO.3828 OF 2013 DANNY FORRESTER, CIVIL ACTION—LAW AND EQUITY Defendant CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of Defendant's Preliminary Objections and Demurrer endorsed with a Notice to Plead by depositing same in the United States Postal Service,first class postage prepaid on the 28th day of August, 2013 addressed as follows: Ryan P. Siney,Esquire Tucker Arenberg, P.C. 2 Lemoyne Drive, Suite 200 Lemoyne,PA 17043 W Sally J. Winder,Esquire CtID 24705 P.O. Box 341 Newville,PA 17241 (717) 776 6656 OF THIE" PROTHONOTARY 201' c'I--F1 16 F 2: 07 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MCCUNE LUMBER COMPANY 80 W. Burd Street, Shippensburg, PA 17257 Plaintiff Docket No.: 13-3828 Civil V. DANNY FORRESTER 100 Fox Hill Road, CIVIL ACTION - LAW AND EQUITY Shippensburg, PA 17257 Defendant SECOND AMENDED COMPLAINT AND NOW COMES Plaintiff, McCune Lumber Company, by and through its counsel, Tucker Arensberg, P.C., to state the following Second Amended Complaint against Defendant, Danny G. Forrester, and in support thereof avers as follows: 1. Plaintiff, McCune Lumber Company, ("McCune"), is a Pennsylvania corporation with a business address of 80 W. Burd Street, Shippensburg, PA 17257. 2. Defendant, Danny G. Forrester ("Forrester"), is an adult individual with a last known address of 100 Fox Hill Road, Shippensburg, PA 17257. 3. McCune is a distributor of lumber and construction materials. 4. Forrester has been a customer of McCune at least 2004. 5. Prior to 2010, McCune and Forrester entered into an arrangement whereby Forrester would place orders for goods which were then duly delivered by McCune, and Forrester would pay for such goods upon receipt of an invoice and in accordance with the terms stated on the invoice (namely that the invoice must be paid by either the 10th or 20th day of the month). 6. At all times prior to March 2010, Forrester materially complied with the terms of credit arrangement with McCune described above. 7. In or around March 2010, Forrester spoke with Ken Geesaman, Jr. of McCune to request that Forrester's son, Danny D. Forrester, become authorized to transact business on Forrester's account pursuant to the same billing and payment terms already in effect. 8. On or about March 24 2010, Forrester orally instructed Ken Geesaman, Jr. of McCune to permit Forrester's son, Danny D. Forrester, to transact business on and act as an authorized agent on Forrester's existing account with McCune. 9. On or about March 24, 2010, Forrester orally acknowledged his agreement and understanding that, as the account owner, he would remain personally liable for the balance on his account with McCune without regard to whether the goods ordered and delivered were requested by him or by his son. 10. Forrester knew and understood that, by authorizing his son to transact business on his account with McCune, that Forrester would nevertheless be personally liable to pay McCune for any goods ordered on the account to the same extent as if the goods had been ordered by and delivered to Forrester. 11. As part of the oral agreement made on or about March 24, 2010, Forrester promised to pay for all of the goods ordered on his account by himself or by his son, in accordance with the payment terms that had already been in place (namely that the invoice must be paid by either the 10th or 20th day of the month). 12. It is customary in the construction materials industry for individuals other than the account holder and liable party (in this case, Forrester) to be authorized by the account holder and liable party to transact business on the account. 13. The goods ordered by Forrester and delivered by McCune were intended for commercial purposes related to Forrester's or Forrester's son's business activities, and were not for personal or household use. 14. Pursuant to the arrangement and terms averred above, Forrester and/or his son placed multiple orders with McCune between March 2011 and July 2011, totaling $25,867.39. 15. McCune duly filled such orders, but Forrester has paid only $10,486.11 of the $25,867.39 balance, leaving an outstanding balance of $15,381.28. See Statement attached hereto as Exhibit"A"and invoices attached hereto as Exhibit"B." 16. Both before and after the agreement formed on or about March 24, 2010, McCune mailed invoices and statements indicating account balances and account activity to Forrester's home address. 17. Despite being provided with invoices and account statements, Forrester never contacted McCune to dispute the invoices or to revoke his authorization for his son to bill orders to Forrester's account. 18. In fact, a number of the invoices mailed to Forrester between March 2010 and March 2011 were fully or partially paid. 19. Forrester's payment of the invoices issued by McCune prior to April 2011, without objection or dispute, confirm that Forrester understood that he was liable for the balance on his account with McCune. 20. Beginning in or about April 2011, Forrester failed or refused to pay McCune's invoices. 21. Despite repeated demand, Forrester has failed or refused to pay the outstanding principal balance of$15,381.28. 22. McCune has voluntarily waived any contractual interest that it may be entitled to assess. 23. In or about June 2012, Sandra Geesaman of McCune contacted Forrester by telephone to demand that Forrester's account balance be satisfied. 24. In or about June 2012, Forrester orally acknowledged to Sandra Geesaman of McCune that he had authorized his son to transact business on his account with McCune in March 2010. 25. In or about June 2012, Forrester orally acknowledged to Sandra Geesaman of McCune that he had received the invoices and statements mailed to him by McCune and that he did not object to or dispute the balances or account activity indicated on those invoices and statements. 26. In or about June 2012, Forrester orally acknowledged to Sandra Geesaman of McCune that understood that, as the liable party on the account, he was responsible for satisfying the account balance. 27. At all times relevant hereto, Forrester had actual and constructive knowledge of the orders billed to his account, all of which were authorized by him and were transacted with his express permission and with the understanding that he would be liable for those orders. COUNT BREACH OF CONTRACT 28. The averments of paragraphs 1 through 27 above are incorporated herein as if set forth in their entirety. 29. McCune entered into an oral and written contract with Forrester, whereby McCune agreed to provide certain goods and Forrester agreed to pay for such goods. 30. The oral portions of the contract were entered into on or about March 24, 2010 (and confirmed again by Forrester orally in or about June 2012), and the written portions of the contract are attached as exhibits to this Amended Complaint. 31. The terms of the contract between McCune and Forrester required Forrester to pay McCune's invoices in full by the due date printed on each invoice. 32. To the extent that the balances on Forrester's account with McCune are attributable to orders placed by Forrester's son, Forrester orally agreed on or about March 24, 2010 (and again in or about June 2012), to be liable for those balances and instructed McCune to permit Forrester's son to transact business on the account. 33. McCune performed all of the obligations required by the contract between the parties, but Forrester has failed or refused to make payment as agreed. 34. Forrester's failure or refusal to pay McCune the outstanding balance of $15,381.28 constitutes a breach of the contract. 35. McCune has suffered damages of at least $15,381.28 as a result of Forrester's breach of contract. 36. McCune is entitled to and demands pre judgment and post judgment interest from the default at the legal rate. WHEREFORE, Plaintiff, McCune Lumber Company, respectfully requests this Honorable Court to enter judgment in its favor and against Defendant, Danny Forrester in the amount of$15,381.28, plus pre judgment and post judgment interest at the legal rate and such other relief which this Court deems necessary and just. COUNT II PROMISSORY ESTOPPEL 37. The averments of paragraphs 1 through 36 above are incorporated herein as if set forth in their entirety. 38. If Forrester takes the position that there is no contract between the parties, or that such contract is not valid or enforceable, then, in the alternative, Forrester is liable to McCune by way of promissory estoppel. 39. Forrester orally promised and represented to McCune on or about March 24, 2010, that, upon order and delivery of the goods provided by McCune, Forrester would pay McCune for the price of those goods as invoiced by McCune. 40. Forrester promised and represented to McCune on or about March 24, 2010 and thereafter, by both his statements and his conduct, that he would pay McCune for goods ordered and delivered on Forrester's account, regardless of whether such goods were ordered by him or by his son. 41. Forrester knew or should have known that McCune would rely on Forrester's representations. 42. In reliance on Forrester's representations, McCune duly provided the goods ordered by Forrester or by Forrester's son. 43. McCune reasonably relied on Forrester's representations and reasonably expected to be paid for the invoices submitted to Forrester and goods delivered to Forrester. 44. McCune would not have accepted and filled the orders billed to Forrester's account after March 24, 2010, but for Forrester's express representation that he would be fully liable to pay for such orders. 45. McCune has suffered damages as a result of its reliance on Forrester's representations. 46. McCune's reliance on Forrester's representations was reasonable because, among other things, Forrester did not object to or dispute the amounts invoiced by McCune. 47. The damages suffered by McCune as a result of its reliance on Forrester's representations are at least $15,381.28, representing the price of the goods delivered by McCune and accepted, without payment,by Forrester. WHEREFORE, Plaintiff, McCune Lumber Company, respectfully requests this Honorable Court to enter judgment in its favor and against Defendant, Danny Forrester in the amount of$15,381.28, plus pre judgment and post judgment interest at the legal rate and such other relief which this Court deems necessary and just. COUNT III UNJUST ENRICHMENT 48. The averments of paragraphs 1 through 47 above are incorporated herein as if set forth in their entirety. 49. If Forrester takes the position that there is no contract between the parties, or that such contract is not valid or enforceable, then, in the alternative, Forrester is liable to McCune by way of unjust enrichment. 50. Pursuant to Forrester's requests, McCune duly delivered certain goods to Forrester, as represented by the invoices submitted to Forrester. 51. The provision and delivery of goods by McCune conferred a benefit upon Forrester, which Forrester has appreciated and retained. 52. Forrester expressly requested McCune to provide the benefit to Forrester of permitting Forrester's son to transact business on Forrester's account. 53. Forrester knowingly accepted and retained the benefit conferred upon him by the delivery of goods by McCune. 54. Even if some or all of the goods delivered by McCune were ordered by or delivered to Forrester's son, Forrester has knowingly experienced, appreciated and retained a benefit conferred by McCune. 55. It is believed and therefore averred that Forrester directly and/or indirectly benefitted from the goods provided by McCune by, among other things, receiving and retaining the benefit of the income generated by the construction projects completed using the goods provided by McCune. 56. Forrester's acceptance and retention of the benefits conferred by McCune have resulted in Forrester being unjustly enriched at the expense of McCune. 57. It would be unjust for Forrester to retain the benefit of the goods delivered by McCune in the absence of payment for those goods. 58. Forrester has been unjustly enriched in the amount of at least $15,381.28, representing the price of the goods delivered by McCune and accepted, without payment, by Forrester. WHEREFORE, Plaintiff, McCune Lumber Company, respectfully requests this Honorable Court to enter judgment in its favor and against Defendant, Danny Forrester in the amount of$15,381.28, plus pre judgment and post judgment interest at the legal rate and such other relief which this Court deems necessary and just. Respectfully submitted, TUCKER ARENSBERG, P.C. Dated: September 13, 2013 By Ryan . Siney, I.D. 420919 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Phone: (717) 234-4121 Fax: (717) 232-6802 Email: rsiney @tuckerlaw.com HB GDB:138583-1028491-159141 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MCCUNE LUMBER COMPANY 80 W. Burd Street, Shippensburg, PA 17257 Plaintiff Docket No.: 13-3828 Civil V. DANNY FORRESTER 100 Fox Hill Road, CIVIL ACTION - LAW AND EQUITY Shippensburg, PA 17257 Defendant 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 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 - Toll Free (800) 990-9108 AVISO "Le han demandado en corte. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la acci6n en el plazo de veinte (20) dias despues de esta queja y se sirve el aviso, incorporando un aspecto escrito personalmente o y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted el abogado le advierte que que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted compra la corte sin aviso adicional para cualquier dinero demandado en la queja o para cualquier otra demanda o relevaci6n pedida por el demandante. Usted puede perder el dinero o la caracteristica de otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO 1NMEDIATAMENTE. SI USTED NO HACE QUE UN ABOGADO VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER DE USTED LA INFORMACION SOBRE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO O NINGUN HONORARIO SERVICIO DE REFERENCIA LEGAL Cumberland County Bar Association 32 South Bedford Carlisle,Pennsylvania 17013 (717) 249-3166 -Toll Free (800) 990-9108 TUCKER ARENSBERG, P.C. Dated: September 13, 2013 By A,�1?4 4�'V, yan P. Siney, I.D. #209190 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Phone: (717) 234-4121 Fax: (717) 232-6802 Email: rsiney @tuckerlaw.com HBGDB:138583-1 028491-159141 EXHIBIT "A" McCUNE LUMBER COMPANY, INC. STATEMENT 80 WEST BURET ST SHIPPENSBURG, PA 17257 CUSTOMER NUMBER:794 DANNY FORRESTER 100 FOX HILL RD. SHIPPENSBURG, PA.17257 INVOICE DATE INVOICE DUE DATE TYPE CHARGE CREDIT BALANCE 5/312011 10156814 .6/20/2011 INVOICE $3;358.83 $3;358.83 5/3/2011 10156848 6/20/2011 INVOICE $39.12 $3,397.95 5/3/2011 10156889 6/20/2011 INVOICE $25.92 $3,423.87 5/6/2011 10157053 6/20/2011 INVOICE $116.75 $3,540.62 5/6/2011 10155904 6/20/2011 INVOICE $1,449.70 $4,990.32 516/2011 10157106 6/20/2011 INVOICE $71.34 $5,061.66 5/11/2011 10155931 6/20/2011 INVOICE $9,351.90 $14,413.56 5/11/2011 10157267 6/20/2011 INVOICE $33.87 $14,447.43 ,5/19/2011 10157722 6/20/2011 INVOICE $1,871.70 $16,319.13 5/23/2011 10157784 6/20/2011 INVOKE -$408.23 $15;910.90 6/3%2011 39232 PAYMENT -$4;500.00 $11,410.90 6/3/2011 DISCOUNT -$47.77 $11,363.13 6%1312011 10158883 7/20/2011 INVOICE $1,180.12 $12,543.25 6/17%2011 39455 PAYMENT =$4,500.00 $8,043.25 6/20/2011 39483 PAYMENT -$4,500.00 $3,543.25 6'/20/2011 10159231 7/10/2011 INVOICE $9938 $3,642.63 6/21/2011 10159283 7/10/2011 INVOICE $7.78 $3,650.41 6/21/2011 10159187 7/10/2011 INVOICE $4,663.63 $8,314.04 6/23/2011 10159475 7/10/2011 INVOICE $184.80 $8,498.84 6/24/2011 10159476 7/10/2011 INVOICE $378.38 $8,877.22 6/27/2011 10159567 7/10/2011 INVOICE. $1,908.53 $10,78.5.75 6/27/2011 10159612 7/10/2011 INVOICE $16.0.23 $10,945.98 ,6/30/2011 10159863 7/10/2011 INVOICE $1,733.61 $12,679.59 7/2/2011 1.0159991 8/10/2011 INVOICE $48:18 $12,727.77 7/2/2011 10160008 8/10%2011 INVOICE $60.31 $12,788.08 7/7/2011 10160192 8/10/2011 INVOICE $1,746.08 $14,534.16 7/7/2011 10160195 8/10/2011 INVOICE $414.76. $14,948.92 7/12/2011 10160409 8/10/2011 INVOICE $2,284.55 $17;233.47 7/12/2011 10160451 8/10/2011 INVOICE $63.00 $17,296.47 7/13/2011 10160554 8/10/2011 INVOICE $84.81 $17,381.28 3/10/2012 42949 PAYMENT -$'2,000.00 $15,381.28 EXHIBIT "B" McCune Lumber Customer Copy 80 W BURD ST Shippensburg, PA-17257 INVOICE {717}532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMES! Page:'1 Invoice: 10155931 Special Time: 11:27:54 Instructions Ship Date: 04/13/11 Invoice Date: 05/11/11 Sale rep#: 15 Bobbi Acct rep code: Due Date: 06/20/11 RE PIRINI Sold To: DANNY FORRESTER Ship To: MARK MOORE -100 FOX HILL RD. (717)423-6672 6457 MCCORMICK LANE SHIPPENSBURG, PA 17257 HARRISBURG (717)423-6672 Customer#: 794 Customer PO:DANNY 860-6342 Order By:15 1=/,20TH popimgol T 15 ORDER j SHIP i LI U/M ITEM# I DESCRIPTION 1 Alt Price/Uom ! PRICE E EXTENSION 240.001 240.00:1 Lj BDL jGAFTLLTWW GAF TIMBERLINE ULTRA WEATHERWOOD i 32.4400 BDL 1 32.44001 T785.60 i I OLD LIFETIME i I F € ! = 60 SQ 22.001 22.001L BDL GAFHRWW GAF HIP&RIDGE WEATHERED WOOD I 44.9900 BDL I 44.9900 989.78 1.001 1.00 i P EA !FUEL FUEL SURCHARGE ! 50.0000 EA 1 50.00001 50.00 I I I • ! i •i i i I i !F 1 F f 7 i i I i I FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $8825.38 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 8775.38 Non-taxable 50.00 Sales tax 526.52 X Tax# 1 onvuo TOTAL $9;;�d,ii�.9® 1 m Customer Copy I111111IIIII IIIII IIIII!III 11111111111 111M IN 11111111111 110111111 * 0 0 6 8 V D 0 0 1 ' 1 J R J D 7 H McCune Lumber- 80 W BURD ST Customer Copy Shippensburg, PA 17.257 INVOICE , {717} 532-4188 FAX {717} 530 75303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMESi Page: 1 Invoice: 10157267 Special Time: 11:32:37 Instructions Ship Date: 05/10/11 Invoice Date: 05/11/11 Sale rep#: 15 Bobbl Acct rep code: Due Date: 06/20/11 RE:PIRIN Sold To: DANNY FORRESTER Ship To: MARK MOORE 100 FOX HILL RD. (717)423-6672 SHIPPENSBURG,PA 17257 (717)423-6672 Customer#: 794 Customer PO: DEAN Order By:8 i 0/620TH popimgol T 15 ORDER SHIP s L U/M € ITEM# DESCRIPTION !Alt Price/Uom I PRICE f EXTENSION 1.001 1.00;L� CTN I112CRN 1-1/2"GALV COIL ROOF NAILS(7200) 31.9500 CTN` 31.95001 31.95 I f f f f j I f f 1 I s I I i II j III f f. t I f f I f FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total 'r :31.95 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 31.95 Non-taxable 0.00 Sales tax 1.92 X Tax# 1 You may deduct$0.32 if paid by 06/2012011. D TOTAL D, .87 m 1 - Customer Copy VIII!sllll VIII 111111111111111111111111111111111111111111 MIN VIII 1191111111 IN 11111111 * 0 0 6 A L I 0 0 ' 1 2 9 0 T F 0 6 McCune Lumber Customer 80 W SURD ST Copy ' Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN,q-r- MERCHANT AT ALL TIMESI Page: 1 Invoice: 10157722 Special Time: 14:22:15 Instructions Ship Date: 05/19/11 Invoice Date: 05/19/11 Sale rep#: 15 Bobbi Acct rep code: Due Date: 06/20/11 RE,PRINI Sold To: DANNY FORREST•ER Ship To: 735-PANZER DRIVE 100 FOX HILL RD. (717)423-6672 MECHANICKSBURG SHIPPENSBURG,PA 17257 (717)423-6672 Customer#: 794 Customer PO: DAN Order By:4 1%20TH pophgoi T 7 ORDER SHIP 1 Ll U/M E ITEM# DESCRIPTION !Alt Price/Uom i PRICE EXTE N231ION 34.001 34.00 LI BDL i GAFTL30H GAF TIMBERLINE HD-WAS 30-YR HICKORY E 34.5320 BoL 34.53201 '1174.09 24.00 24.00!Lj EA WLNDE 10'WHITE LONG NECK DRIP EDGE 4.8900 EA 4.89001 117.36 2.00 2.00 L� EA 124CSW 24"X50'WHT/WHT ALUM COIL STOC 72.5000 EA `•:• 72.5000 145.00 1.00 1.001 P BX f SSTNW WHT STAINLESS STEEL TRIM NAILS{LB} 10.9500 BX 10.9500 I 10.95 1.00 1.00 P BX !112ASN 1-1/2"ALUM SIDING NAILS{LB} 7.6000 BX 7.6000 i 7.60 17.00 17.001 L PC 1 NT4CVW T4 CENTER VENT WHT VINYL SOFFIT 10.4850 Pc 10.4850 178.25 12.00 12.00 j L PC NVFW NAPCO VINYL F-CHANNEL WHITE 6.8900 PC ! 6.8900 632.68 6.00 6.00{L PC 1AH58JW 5/8"ADDISON HEIGHTS VINYL J-CHNL WHT ' 5.1200 PC '•• 5.1200 •:30.72 1.00 1,00 P EA FUEL FUEL SURCHARGE ! 15.0000 EA 15.00001 5.00 l ! EE 4 f i I ADDED ! ! 1.00: 1.00 j L EA 6982136 11919 THERMO ROOF FLASH 1.25-3 4.9500 EA. 4.9500( 4.95 I ! t f r c ' l c. s'. i4Y'} :N i i t aI F f r,- i E: . FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $1,7613.60 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 1751.60 Non-taxable 15.00 Sales tax -105.10 Tax# 1 You may deduct$17.52 if paid by 06/20/2011. " TOTAL $18 1?01.70 1 ° Customer Copy " 1 111111 IIIII IIIII 111111 IIII 1111111 III IIIII IIIII IIIII 111111111111 IIIII 11111 IIIH IIII HI IN * 0 0 6 B 3 M 0 0 1 3 G T K B F 1 McCune Lumber Customer Co 80 W BURD ST p Shippensburg, PA 17257 CREDIT INV0I1IICE f7171532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMES? Page: 1 invoice: 10157754 Special Time: 09:36:01 Instructions Ship Date: 05/20/11 CREDIT Invoice Date: 05/23/11 Sale rep#: 15 Bobbi Acct rep code: Due Date: 06/20/11 RE,:TIRINI Sold To: DANNY FORRESTER Ship To: DANNY FORRESTER 100 FOX HILL RD. (717)423-6672 100 FOX HILL RD. SHIPPENSBURG;PA 17257 SHIPPENSBURG,PA 17257 (717)423-6672 Customer#: 794 Customer PO: DANNY Order By:15 1/20TH pophg0l T 15 ORDER SHIP L) U/M ITEM# DESCRIPTION €Alt Price/Uom i PRICE ;EXTE.NSION -9.00 -9.00'L BDL IGAFTL30H GAF TIMBERLINE HD-WAS 30-YR HICKORY i 34.5320 BDL 34.5320 .;:;10.79 i Credited from invoice 10157722 -16.00 -16.00 L EA 2WLNDE 10'WHITE LONG NECK DRIP EDGE I 4.6455 EA i 4.64551 -74.33 ` Credited from invoice 10156814 I I i I I 1 I I it i f i lE : i I i f 1 w.l . I i i I. 1a i FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $_-385.12 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable -385.12 Non-taxable 0.00 Sales tax -123 11 X Tax# 1 You may deduct$-0.74 if paid by 06/20/2011. TOTAL :I:M3.23 1 o Customer Copy !IIIIII IIIII IIIII 1111111111 HIM N 11111 HIM 11111 1111 HIM IN II1SIIE IIIII IN III IN * 0 0 6 B . 5 N 0 0 1 1 U 2 U T T F McCune Lumber Customer Copy 80 W SURD ST Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN J%T MERCHANT AT ALL TIMES! Page: 1 invoice: .10158883 Special Time: 13:34:29 Instructions Ship Date: 06/13/11 Invoice Date: 06/13/11 Sale rep#: 15 Bobbi Acct rep code: Due Date: 07/20/11 REPRINI Sold To: DANNY FORRESTER Ship To: 1254 ALMA DR 100 FOX HILL RD. (717)423-6672 SHIPPENSBURG,PA 17257 (717)423-6672 Customer,t 794 Customer PO: DANNY Order By:8 I%20TH popimgoi n T11 ORDER SHIP €L U/M ITEM# DESCRIPTION 'Alt Price/Uom 3 PRICE 1 EXTE:I\JSION 30.001 30.00'L BDL GAFTL30SH GAFTIMBERLINE HD-WAS 30-YR SHAKEWOOD 1 35.1140 BDL E 35.11401 1053.42 2.00 2.00 L BDL OCSDT O.C.25YR DESERT TAN SUPREME SHINGLES 29.9500 BDL 1 29.9500! 59.90 • # 1 k 1 [ t i t E ! i 1 � j f 1 E If • t I .. .j' f •i 1 t • °r! 4 • p:'YA:: f 1 ( ! E FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $1-1-13.32 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 1113.32 Non-taxable 0.00 Sales tau 136.80 X Tax# 1 You may deduct$11.13 if paid by 07/20/2011. • T®°rAL �11PIE;�((ti.12 1 m Customer Copy I��III��III��II��II��I II�III��II III��III��IDi II�I�II��III�I�II��I 0111118 01101 DI�1 8111001 0 0 6 C K A 0 0 1 2 K V 5 O McCune Lumber Customer Copy 80 W BURD ST Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN n.r MERCHANT AT ALL TIMES! Page: 1 Invoice: 10159231 Special Time: 12:52:06 Instructions Ship Date: 06/20/11 Invoice Date: 06/20/11 Sale rep#: 20 Brad Acct rep code: Due Date: 07/10/11 R EP RI NI Sold To: DANNY FORRESTER Ship To: STEVE COHICK. 100 FOX HILL RD. (717)423-6672 SHIPPENSBURG,PA 17257 (717)423-6672 Customer#: 794 Customer PO: DANNY OrderBy:8 10TH popimgol T 7 ORDER SHIP 's Ll U/M i ITEM# DESCRIPTION !Alt Price/Uom PRICE ;EXTENSION 2.001 2.00;LI 5GAL 1 PMFC5G 82505 POLYMER MODIFIED FOUNDATION COATI 39.8525 5GAL3 39.85251 I 5 GAL ? i 1.00' 1.00'P EA 16012348 RF215 NO-SLIP ROLLER FRAME 5.2155 EA 5.21551 5.22 1.00 1.00=P EA :1328608 54109 WOOD HANDLE THREADED CON 4.4555 EA E 4.45551 4.46 1.00 1.00 P! EA :6767131 R240-9 9X1/2" ROLLER COVER 4.3605 EA 4.3605 4.36 I I E I I i ? I ! I E ! i I i ! ! 1 1 I ! I tt ! I f : f f ( I f 3 i I f ? ? ! I , _ T,, I{ i I ii! FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $93.75 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 93.75 Non-taxable 0.00 Sales tax 5.63 X Tax# 1 1 e customer CopV I I��IIf O�IIf 11111111111 III 0111 QI�II 0111 HIM II'QI 61�Q�11 I� II 111 1111111 III 11110 111 IN McCune Lumber 80 W BURD ST Customer Copy Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN Al- MERCHANT AT ALL TIMES! Page: 1 Invoice: 101.59233 Special Time: 07:18:42 Instructions Ship Date: 06/21/11 Invoice Date: 06/21/11 Sale rep#: 15 Bobbi Acct rep code: Due Date: 07/10/11 REPIRINT Sold To: DANNY FORRESTER Ship To: DANNY FORRESTER 100 FOX HILL RD. (717)423-6672 100 FOX HILL RD. SHIPPENSBURG,PA 17257 SHIPPENSBURG,PA 17257 (717)423-6672 Customer#: 794 Customer PO:DANNY Order By: 10TH popimgol T 7 ORDER SHIP ;Lj U/M ITEM DESCRIPTION !Alt Price/Uom PRICE i EXTENSION 2.00 2.00 P CG 16522767 88810 WOOD SPADE BIT 5/8 i 3.6708 co 3.67081 7.34 Y. f ' f I f I i '• � i t I i f , E E f 1 (I ! i1 f f I I i i e � e f ! I n .a 41 •, '' is a E: �5 •i� : s FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $7.34 SHIP VIA RECEIVED COMPLETE AND IN GOOD.CONDITION Taxable 7.34 Non-taxable 0.00 Sales tax 0.44 X Tax# 1 TOTAL 1 n Customer Copy I I��III��III��II��IIII� 111111111 N U111 11111 11111 1111111 IM 111111 11111 011 HIM ICI IN * 0 0 6 D 0 O 0 0 1 1 L E O N 0 B McCune Lumber Customer Copy 80 W BURD ST Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMESI Page: 1 . Invoice: 101591 87 Special Time: 07:29:02 Instructions Ship Date: 06/17/11 Invoice Date: 06/21/11 Sale rep#: 15 Bobbi Acct rep code: Due Date: 07/10/11 REP iii i-1 Sold To: DANNY FORRESTER Ship To: STEVE COHICK 100 FOX HILL RD. (717)423-6672 625 GRHAMS WOOD RD SHIPPENSBURG, PA 17257 (717)423-6672 Customer#: 794 customerPO: DANNY OrderBy:5 10TH pophgot T 11 ORDER I SHIP 1 Ll U/M ! ITEM# 1 DESCRIPTION {Alt Price/Uom [ PRICE EXTENSION I ( j CANCELED 2X6X12T 40.00 40.001 LIi PC 121012S 2 X 10 X 12 SPF 494.0400 MBF 9.8808! '3:95.23 40.001 40.00 1 L PC 121014S 2 X 10 X 14 SPF 496.4021 MSF; 11.5827 463.31 30.00 30.00 LI PC i21016S 2 X 10 X 16 SPF € 496.7994 MBF F 13.24801 397.44 6.00 6.00;L PC 12814S 2 X 8 X 14 SPF € 476.0991 MF 8.88721 53.32 6.00 6.00 L� PC I 2812S 2 X 8 X 12 SPF 480.7000 MBF 7.6912 I 46.15 6.00 6.00 L•I PC 12808S 2 X 8 X 8 SPF 484.7235 MBF: 5.1704 i 31.02 9.00 9.001 L� PC 12616S 2 X 6 X 16 SPF 437.0000 MBF 6.9920. 62.93 140.001 140.001 Li PC 24PCS 2 X 4 X 92-5/8 SPF I 410.5526 MBF 2.1896 :306.54 50.001k 50.00:L1 PC 126PCS 2 X 6 X 92-5/8 SPF 446.2000 MBF 3.5696 1'78.48 80.001 80.00 E L PC 12416S 2 X 4 X 16 SPF 1 439.0018 MBF 4.6827 1374.62 38.00) 38.00:L PC 12616S 2 X 6 X 16 SPF 1 437.0000 MBF 1 6.9920 26570 56.001 56.00 1 L PC 158CDXP 5/8 X 4 X 8 CDX PINE 1 495.9375 MSF 1 15.8700 838.72 36.001 36.001 L PC 134TGAF 3/4 X 4 X 8 T&G ANDVANTECH FLOORING 1 703.8000 MSF 1 22.5216 E310.78 1.00 1.00 P1 EA IFILIEL FUEL SURCHARGE 1 0.0000 EA 0.0000}1 0.00 ADDED 1 12.00 12.00 L� PC 121012T 2 X 10 X 12 TREATED YELLOW PINE i 522.5600 MBF 1 10.45121 1;25.441 1 i i 1 1 1' t4 1 ^... a .:. ^n S ....> .. ' � ! .. ... .tip._. :':• o, : ' FILLED BY CHECKED BY DATE SHIPPED DRIVER Sale's total $4399.65 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 4399.65 Non-taxable 0.00 Sales tax 263.98 X Tax# 1 TBF: ' 4864 TOTAL $4C ii3.63 1 0 Customer Copy 1 111111 IIIII IIIII Illl�f 111111 IIIII III 111 IIIII IIIII IMMI MM 1111 III 101 1 11111111 IM McCune Lumber ' 80 W BURD ST Customer Copy Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN Al" MERCHANT AT ALL TIMESI Page: 1 -Invoice: 10159475 Special Time: 13:20:12 Instructions Ship Date: 06/23/11 Invoice Date: 06/23/11 Sale rep#: 15 BOW Acct rep code: Due Date: 0711011 R EF'RI ail Sold To: DANNY FORRESTER ship To: BLOSERVILLE 100 FOX HILL RD. (717)423-6672 .SHIPPENSBURG, PA 17257 (717)423-6672 Customer#: 794 Customer PO: MIKE OrderBy:15 10TH pophgol T 7 ORDER 1 SHIP 11-1 U/M 11 ITEM# DESCRIPTION I Alt Price/Uom i PRICE [EXTENSION 25.001 25.00 1 Lj PC 716OSI3 7/16 X 4 X 8 WAFERBOARD 217.9250 MsF I 6.9736 -17 4.34 i r f i � I 1 i t ( ' i j I i i e I i 1 I i 1 I E i tFF r 1 I I i I 1 F i 1 I I i � 1 t i I i v1<. ^3 1 ,>S S I i ,.... j.1 i. FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $17.4.34 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 174.34 Non-taxable 0.00 Sales tax "11:1.46 X Tax# 1 ��M41,PTO I v customer Copy TOTAL $1 I� III 10111 HIM 111110 I�I��IIIII 1111 11111 11111 11111 IIHI MIN 191111 111 11111 II111 IN M11 * 0 0 6 D 6. G 0 0 1 2 , 8 D T 8 F 8 McCune Lumber 80 w SURD ST Customer Copy Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMES! Page: 1 Invoice: 10159476 Special Time: 07:20:59 Instructions Ship Date: 06/23/11 Invoice Date: 06/24/11 Sale rep#: 15 Bobbi Acct rep code: Due Date: 07/10/11 REF RfNI Sold To: DANNY FORRESTER snip To: BLOSERVILLE 100 FOX HILL RD. (717)423-6672 SHIPPENSBURG,PA 17257 (717)423-6672 Customer#: 794 Customer PO: MIKE Order By:15 - tOTH pophgol T 15 ORDER j SHIP 'Lj U/M ITEM# DESCRIPTION fAlt Price/Uom j PRICE EXTEW,310N 100.001 100.001 LI PC 126PCS 2 X 6 X 92-5/8 SPF ? 446.2000 MBF 3.5696 156.96 I � f 1 � I I t f I ! i I I � I I # I f I i >w b i t 4` .... - [ :...:'.. '.f',.'.. .::is �� •:k: . } r• t q:. I f- f ( ! ! :i ffBHECK D BY DATE SHIPPED DRIVER Sales total $3'.Sf:i.96 LETE AND IN GOOD CONDITION Taxable 356.96 Non-taxable 0.00 Sales tax r 1.42 Tax# 1 TBF: 800 °" TOTAL �3�+81;.38 1 - Customer Copy a, I IIIIII IIIII IIIII IIIIII VIII 011111 IIII 11111 HIM 11M 11111 011IM MIN IN 1111, N 111M IN * 0 0 6 D 6 H 0 0 1 3 4 B R C D U McCune Lumber Customer Copy . 80 W BURD ST Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN/1f MERCHANT AT ALL TIMES! Page: 1 Invoice: 10159567 Special Time: 13:31:23 Instructions : Ship Date: 06/24/11 Invoice Date: 06/27/11 Sale rep#: 15 Bobbl Acct rep code: Due Date: 07/10/11 RE:113,RINI Sold To: DANNY FORRESTER Ship To: 625 GRAHAMS WOODS RD 100 FOX HILL RD. (717)423-6672 SHIPPENSBURG,PA 17257 (717)423-6672 Customer#: 794 Customer PO: DANNY Order By:15 10TH popimgol T 11 ORDER E SHIP LI U/M ITEM# E DESCRIPTION 'Alt Price/Uom PRICE i EXTEN4,31ON 48.00 48.001 L1 BDL !GAFTL30B GAF TIMBERLINE HD-WAS 30-YR BARKWOOD 32.9420 BDL E 32.9420 t` 16131.22 1.00 1.00?P� CTN 1114CRN 1-1/4"GALV COIL ROOF NAILS{7200} 28.4525 crn 1 28.45251 28.45 2.00 2.001 L BDL IGAFHRB GAF HIP&RIDGE BARKWOOD 44.4990 BDL 44.4990 139.00 14.00 14.001 L EA I WDE 10'WHITE ALUM DRIP EDGE 1 3.2775 EA ! 3.2775' 45.89 8.001 8.00E L PC 12616S 2 X 6 X 16 SPF 437.0000 MBF 1 6.99201 :55.94 ( I � l1 l 1 11111 s 1 1 I 1 I 1 1 1 1 I t t ' 3 I —�i ,1 :i 'Fi`•.t 1 y Z„. 111 `T r.IF 4 i i i is i I i FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $1 f...1.()0.50 SHIP VIA RECEIVED COMPLEM AND IN GOOD CONDITION Taxable 1800.50 Non-taxable 0.00 Sales tax -1 a-B.03 X Tax# 1 TBF: 128 ....°� TOTAL ' $191(P4 .53) ° Customer Copy . 11111111 Hill 11111111111110MIAMI IIII 0111111111111.110111 111111111111111111Q III 0111111111111 MI 111111 * 0 0 6 D 9 E 0 0 1 2 S 8 F V 'L I McCune Lumber 80 W KURD ST Customer Copy Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMES! Page: 1 Invoice: 1®159612 Special Time: 13:31:49 Instructions Ship Date: 06/27/11 Invoice Date: 06/27/11 Sale rep#: 15 BObbi Acct rep code: Due Date: O7/10/11 REPR!N1 Sold To: DANNY FORRESTER Ship To: 625 GRAHAMS WOODS RD 100 FOX HILL RD. (717)423-6672 SHIPPENSSURG,PA 17257 (717)423-6672 Customer#: 794 Customer PO: DANNY order By:15 10TH popimgol T 7 ORDER SHIP L+ U/M I ITEM# t DESCRIPTION ;Alt Price/Uom PRICE ;EXTENSION 6.001 6.00 Ll PC 1 58CDXP 15/8 X 4 X 8 CDX PINE 495.9375 MsF 15.87001 * 15.22 3 ADDED i j 8.00 8.00 L PC 126168 2 X 6 X 16 SPF j 4370000 ; . MBF 699201 ;55.94 i Il I I I i f I i I E f 1 I ! i I t ! I I f f 1 t i i i • I I v>' zX Sd `r : .'.r 1t : ' I i FFILLEED CHECKED BYDATE SHIPPED DRIVER Sales total CUSTOMER PICKUP CEIVED COMPLETE AND IN GOOD CONDMON Taxable 151.16 Non-taxable 0.00 Sales tax 9.07 Tax# 1 TBF: 128 TOTAL $11,19 .23 Customer Copy o,ROt 1111111VIIIV III111111VIIIIII111111VIIIVIIIVIII011111 iIIM111101IIIHI01 MHININ * 0 0 6 D A U 0 0 1 0 G J 0 0 H 3 McCune Lumber 80 W BURD ST Customer Copy Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN P:r MERCHANT AT ALL TIMESI Page: 1 Invoice: 10159663 Special Time: 10:10:32 Instructions Ship Date: 06/30/11 Invoice Date: 06/30/11 Sale rep#: 10 Rodger Acct rep code: Due Date: 07/10/11 RiEFIRI N7 Sold To: DANNY FORRESTER Ship To: DANNY FORRESTER 100 FOX HILL RD. (717)423-6672 100 FOX HILL RD. SHIPPENSBURG,PA 17257 SHIPPENSBURG,PA 17257 (717)423-6672 Customer#: 794 Customer PO:DANNY Order By: 10TH popimgol T 29 ORDER i SHIP L' ! ITEM# DESCRIPTION :Alt Price/Uom PRICE EXTENSION 1.00, 1 001P EA (TRUSS ROOF TRUSS PACKAGE 1382.4800 EA 1382.48001 13i32.48 2.001 2.00 Pi EA (TRUSS HR. CRANE TIME 95.0000 EA •`• 95.00001 190.00 7.00 7.00 PI EA !TRUSS TRUSS SPACERS OFF TRUSS TRUCK 9.0000 EA 9.0000 I ri3.00 d. 1 f I I € I • f t 3 3 � f I ! I • 1 1 i j f ! j f f . p r.. FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $1635.48 SHIP VIA DIRECT/APM/CRANE - RECEIVED COMPLETE AND IN GOOD CONDITION ENon-taxable 1635.48 X 0.00 Sales tax ;13.13 T®TAL $1 .61 I e Customer Copy I I��III�91II OSII��IIII�1101811111 III 1111111111 IIN 1111111111 11111111((11(111911111111111��1 * 0 0 6 D I T 0 0 1 2 K V 0 B K 7 McCune Lumber Customer 80 W BURD ST Copy Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN XF MERCHANT AT ALL TIMESI Page: 1 Invoice: 10159991 Special Time: 08:30:09 instructions Ship Date: 07/02/11 Invoice Date: 07/02/11 Sale rep#: 15 Bobbl Acct rep code: Due Date: 08/10/11 R E:P RIM Sold To: DANNY FORRESTER - Ship To: DANNY FORRESTER 100 FOX HILL RD. (717)423-6672 100 FOX HILL RD. SHIPPENSBURG, PA 17257 SHIPPENSBURG, PA 17257 (717)423-6672 Customerm 794 Customer PO:DANNY OrderBy:5 10TH pophgol T 7 ORDER SHIP L U/M ITEM DESCRIPTION 'Alt Price/Uom PRICE EXTEV-183ION 1.001 1.00 j L1 BDL ('GAFHRB GAF HIP&RIDGE BARKWOOD 45.4545 eoL 45.45451 15.45 i f 1 i 4j i f I f f 1 ii I fI � i 1 1 i • , FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $4.5.45 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 45.45 Non-taxable 0.00 Sales tax 2.73 X Tax# 1 -moo customer copy 111111 IIIII IIIII 111111 IIID 11111111111111111111 11111 11111 11111 1111111111110�[III IIIQ QII 11'I * 0 0 6 E 3 D 0 0 1 2 0 T E K ' M LT McCune Lumber 80 W SURD ST Customer Cop)r Shippensburg, PA 17257 INVOICE {717} 532-4188 FAX {71'7} 530-5303 THIS COPY MUST REMAIN AT' MERCHANT AT ALL TIMES! Page: 1 Invoice: Q'�60008 Special Time: 10:17:33 Instructions Ship Date: 07/02/11 Invoice Date: 07102/11 Sale rep#: 5 James Acct rep code: Due Date: 08/10/11 REF R INI Sold To: DANNY FORRESTER Ship To: DANNY FORRESTER 100 FOX HILL RD. (717)423-6672 100 FOX HILL RD, SHIPPENSBURG, PA 17257 SHIPPENSBURG, PA 17257 (717)423-6672 Customer#: 794 Customer PO:JASON Order By: 10TH p0p1mg0l T 11 ORDER I SHIP L( U/M ITEM# DESCRIPTION. 'Alt Price/Uom PRICE EXTEI,,II:>ION 1.001 1.00=PI EA 113686755 I FB52NVPLY505/FB352 DBDBLT KA4 56.8955 EA 56.8955{ 66.90 • ! I f t 1 � I i ( I I I .0 .r.. 1 :i S• i i i I FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total r1E:i.9O :. SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 56.90 Non-taxable 0.00 Sales tax ,3.41 Tax# 1 TOTAL $ 33D1 1 a Customer Copy Ilelll�dlll�01[� 111111111111110111111111111 HIM 1111111111'1 11111 11111 11111 OI 101 * 0 0 6 E 3 S 0 0 1 1 6 1 I F F L MqCune Lumber 80 W BURD ST Customer Copal Shippensburg, PA 17257 INVOICE {717} 532>-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN ivr MERCHANT AT ALL TIMES! Page: 1 Invoice: 101 60192 Special Time: 12:18:15 Instructions Ship Date: 07/07/11 Invoice Date:'07/07/11 Sale rep#: 15 Bobbl Acct rep code: Due Date: 08/10/11 iREPRIN- Sold To: DANNY FORRESTER Ship To: THORNWOOD MANAION 100 FOX HILL RD. (717)423-6672 END OF RIDGE STREET SHIPPENSBURG,PA 17257 CARLISLE .(717)423-6672 Customer#: 794 Customer PO: DANNY Order BY:4 LOTH popimgol T 7 ORDER 1 SHIP ?LI U/M ITEM# DESCRIPTION !Alt Price/Uom I " PRICE 1 EXTENSION 36.001 36.00 L BDL i GAFTL30WBS GAF TIMBERLINE HD-WAS 30-YR WILLIAMSBURG i 34.4890 BDL 1 34.4890 1241.60 SLATE ! 6.00 6.001 L BDL 1 GAFHRWBS GAF HIP&RIDGE WILLIAMSBURG SLATE s 45.4545 BDL i 45.4545 272.73 1.001 1.00:P CTN 1114CRN 1-1/4"GALV COIL ROOF NAILS(72001 ; 28.4525 cTN i 28.4525 28.45 20.001 20.00'LI EA `WLNDE 10'WHITE LONG NECK DRIP EDGE I 4.9875 EA ' 4.9875; 99.75 1.001 1.001 P EA 3 FUEL FUEL SURCHARGE 5.0000 EA 5.00001 5.00 i i I { I ! i E I E � F I ! i i ! E i 1 i I 1 i 1 'i. FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total f $111347.53 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 1642.53 Non-taxable 5.00 Sales tax 1)8.55 X , Tax# 1 TOTAL_�1 3nAfi. QB 1 o Customer Copy I I0�111 I�III 1011 IIIII�11111111111 111 11111 11111111111 INN 11111 IM 11111 IM HI MIDI IN * 0 0 6 E 9 K 0 0 1 2 9 G 8 M H 4 McCune Lumber Customer Copy 80 W BURD ST INVOICE Shippensburg, PA 17257 THIS COPY MUST REMAIN AT- {717} 532-4188 FAX {717} 530-5303 MERCHANT AT ALL TIMESI Page: 1 Invoice: 10160195 Time: 12:18:47 Special In Ship Date: 07/07/11 Invoice Date: 07/07/11 Sale rep#: 15 BObbl Acct rep code: Due Date: 08/10/11 REPRINT Sold To: DANNY FORRESTER Ship To: 625-GRAMSWOOD ROAD 100 FOX HILL RD. (717)423-6672 NEWVILLE SHIPPENSBURG, PA 17257 (717)423-6672 Customer#: 794 Customer P0: DANNY Order BY:4 1oTH pophgol --- T 7 ORDER SHIP €L I U/M I ITEM# DESCRIPTION Alt Price/Uom PRICE ?EXTEf+I^ION 8.00 8.00 L) PC f NT4SW T4 SOLID WHT VINYL SOFFIT 9.6695 Pc 9.6695 i 77.36 17.00 17.00;L. PC fNT4CVW T4 CENTER VENT WHT VINYL SOFFIT 9.6695 Pc 9.66951 Id34.38 2.00 2.00 I L EA f24CSW 24"X50'WHT/WHT ALUM COIL STOC i 67.7580 EA f 67.7580E 1,35.52 1.00 1.00 P BX I SSTNW WHT STAINLESS STEEL TRIM NAILS(LB) 9.3075 Bx € 9.30751 9.31 1.00 1.00 l P EA ;FUEL FUEL SURCHARGE 5.0000 EA 5.0000 5.00 f � I E � I f E i i f I i I ...., �;,: ....ia,-:is i .. s ..:>.:,.[. ,Y. ``r;•'! 1 ( ! 1 i i� i:j.. i FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total `�a9•'91.57 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 386.57 Non-taxable 5.00 Sales tax 23.19 Tax# 1 TOTAL $,, el Q176 1 m Customer Copy o l i�llll��III��II��I[�I�III I III�I II 011101 I II010 II ID[TI[Id (11 McCune Lum* ber Customer Copy 80 W BURD ST INVOICE Shippensburg, PA 17257 {717} 532-4188 FAX {7171-530-5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMESI Page: 1 Invoice: 10160409 Time: 07:29:34 Special Ship Date: 07/11/11 Instructions Invoice Date: 07/12/11 sale rep#: 15 Bobbi Acct rep code: Due Date: 08/10/11 REPRINT Sold To: DANNY FORRESTER Ship To: GRAHAMS WOODS RD 100 FOX HILL RD. (717)423-6672 SHIPPENSBURG, PA 17257 (717)423-6672 Customer#: 794 Customer PO: DANNY Order By:15 10TH pophgol T 7 ORDER SHIP `•:L( U/M ITEM# DESCRIPTION IAlt Price/Uom PRICE EXTEf+1fFION : X674.39 14.00 14.00 L BDL '+ME23 6 X 15 X 93 BIB KRAFT R-21 INSULATION 499.7036 MSF j 33.8849 {67.81 SQ FT)K771ME23 18.00 18.00 L RL E57 12 X 24 KRAFT R-38 INSUL{64.OSF) E 809.2969 MsF 51.7950 032.31 W71/E57 ! I 20.00 20.00 Ll BDL ME24 9 X 15 KRAFT R-30 INSUL{58.63SF) 620.1586 MSF 36.36991 727.20 ! W79/ME24 1.00 1.00 P BX 6954846 IS16-BP INSULAT SPRT161N 500BX 16.6155 Bx 16.6155 16.62 1.00 1.00:P EA FUEL FUEL SURCHARGE 5.0000 EA i 5.00001 5.00 I i I I I I � - i i i i :.. 5.10 1 i I I i a FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total $2155.52 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 2150.52 Non-taxable 5.00 Sales tax 1:29.03 X Tax# 1 TOTAL $2" 1 - Customer Copy • o. I I�011!S�III��I1��IIDI�illll��I�IIII 11111 HIM 11111 11111 1110 11111 111011 11100111 II IN McCune Lumber Customer Copy 80 W SURD ST INVOICE Shippensburg, PA 17257 {717} 532-4188 FAX {717} 530-5303 THIS COPY MUST REMAIN AT MERCHANT AT ALL TIMES! Page: 1 invoice: 10160451 Time: 12:43:16 Special Instructions Ship Date: 07/12/11 Invoice Date: 07/12/11 Sale rep#: 15 Bobbi Acct rep code: Due Date: 08/10/11 REFS�i�idNT Sold To: DANNY FORRESTER Ship To: GRAHMS WOODS RD 100 FOX HILL RD. (717)423-6672 SHIPPENS13URG,PA 17257 (717)423-6672 customer#: 794 Customer PO:DANNY OrderBy:5 10TH poplmg01 T11 ORDER SHIP L. U/M ITEM# i DESCRIPTION [Alt Price/Uom PRICE j EXTEiNI;aION 38.00+ 38.00 Li PC E PVENT PROPER VENT{TWIN SIZE} 1.4400 PC € 1.4400 f !:04.72 1.00 1.00 Pl EA :FUEL FUEL SURCHARGE 5.0000 EA `' 5.0000{� 5.00 o I f I I i i I I Ii ! i i ! ! 1 ! 1 I I [ i i I i I E I ! 1 ! I 1 f.. , �3 �E ,t ! FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total 169.72 SHIP VIA RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 54.72 Non-taxable 5.00 Sales tax 3.28 Tax# 1 TOTAL �p°h433.00 1 Customer Copy f I��III��III��II��II�I�IIQ1101101111��111001�1 PH 11H 11011 INN 1111 ill 111111 HI IN 0 o 6 E x P 0 0 1 3 McCune Lumber Customer Copy 80 W BURD ST Shippens(Durg, PA 17257 INVOICE 1717 t J 532-4188 FAX 1f71711 530-5303 THIS COPY MUST REMAIN MERCHANT AT ALL TIMES!! Page: 1 Invoice: 10160554 Special Time: 10:48:57 Instructions : Ship Date: 07/13/11 Invoice Date: 07/13/11 P Sale rep#: 15 Bobbi Acct re code: Due Date: 08/10/11 REFI IN T Sold To: DANNY FORRESTER Ship To: 100 FOX"HILL RD. (717)423-6672 SHIPPENSBURG, PA 17257 (717)423-6672 Customer#: 794 customer PO:JASON order By:20 10TH popimgot T 7 ORDER SHIP ;1-1 U/M 1 ITEM# j DESCRIPTION €Alt Price/Uom € PRICE EXTEI`9131ON 2.00 2.00 j Ll BDL I W01 3-1/2 X 15 KRAFT R-11 INSUL{155.OSF) 258.0968 MSF 40.0050 i 80.01 ! i ` ! f . � t I E i I I `• i ; F ! I e [ [ t i i E I � i I 3 ! [ ' i , i l c..:' E } I' i I. I .3 3'. :y :5. FILLED BY CHECKED BY DATE SHIPPED DRIVER Sales total V30.01 SHIP VIA CUSTOMER PICKUP RECEIVED COMPLETE AND IN GOOD CONDITION Taxable 80.01 Non-taxable 0.00 Sales tax 4.80 X Tax# 1 TOTAL 1 e Customer Copy 1 111111 11111 HIM 111111111111 N 1111111111111111 HIM 1111/111 IN M111 X011 VIII IN VERIFICATION The undersigned, Sandra Geesaman,hereby verifies and states that: 1. She is an officer of McCune Lumber Company,the Plaintiff within; 2. She is authorized to make this Verification on the Plaintiff s behalf, 3. The facts set forth in the foregoing Second Amended Complaint are true and correct to the best of her knowledge,information.and belief;and 4. She is aware that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904,relating to unsworn falsification to authorities. Dated: September 1�' , 2013 QW Sandra Geesa CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of Plaintiff's Second Amended Complaint by depositing same in the United States Postal Service, first class postage prepaid on the 13'' day of September, 2013, addressed as follows: Sally J. Winder, Esquire P.O. Box 341 Newville, PA 17241 TUCKER ARENSBERG P.C. Dated: September 13, 2013 By Ryan 4f. Siney, I.D. #209190 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Phone: (717) 234-4121 Fax: (717) 232-6802 Email: rsiney @tuckerlaw.com MCCUNE LUMBER COMPANY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : NO. 3828 OF 2013 r DANNY FORRESTER, : CIVIL ACTION—LAW AND EQUITY `a Defendant �°w i"' cn = rn pi NOTICE TO PLEAD `cy -° rCC) p-T1 T.�C? -F) C7.-- -4 To: McCune Lumber Company,Plaintiff OD You are hereby notified to file a written response to the enclosed Preliminary Objections and Demurrer within twenty(20)days from service hereof or a judgment may be entered against you. Sally J. Winder,Esquire Attorney for Defendant Court ID 24705 P.O. Box 341 Newville,PA 17241 Telephone: (717) 776 6656 MCCUNE LUMBER COMPANY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : NO.3828 OF 2013 DANNY FORRESTER, : CIVIL ACTION—LAW AND EQUITY Defendant DEFENDANT DANNY FORRESTER'S PRELIMINARY OBJECTIONS TO PLAINTIFF MCCUNE LUMBER COMPANY'S SECONBD AMENDED COMPLAINT • COMES NOW the Defendant Danny Forrester,by and through his attorney Sally J. Winder and files the following Preliminary Objections to Plaintiff's Second Amended Complaint: FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT 1. Plaintiff McCune Lumber Company's("McCune") Complaint and Second Amended Complaint contain averments which are inconsistent in fact. 2. McCune avers in paragraph 4 of the Complaint that defendant Danny Forrester ("Forrester")on about May 3,2011, entered into an"arrangement"with McCune whereby unspecified third persons would be allowed to p[laced orders for materials on Forrester's account. 3. McCune avers in paragraphs 7 through 12 of the Second Amended Complaint that it was in March of 2010, and specifically on March 24,2010, that Forrester made an agreement with a representative of McCune that Forrester's son, Danny D. Forrester ("Danny")would thereafter be authorized to place orders on Forrester's account and obtain materials from McCune for his own purposes. 4. Pennsylvania Rule of Civil; Procedure (Pa.R.C.P.) 1024(b)states that,where a pleading contains averments which are inconsistent in fact,the verification"shall state that the signer has been unable after reasonable investigation to ascertain which of the inconsistent averments, specifying them, are true but that the signer has knowledge or information sufficient to form a belief that one of them is true.". 5. The verification of the Second Amended Complaint fails to include the language specified in Pa.R.C.P. 1019(b). 6. By failing to state the specified language of Pa.R.C.P. 1019(b)in its verification of the Second Amended Complaint, McCune has violated the specified rule of court. 7. For violation of the specified rule of court,McCune's Second Amended Complaint should be dismissed. DEMURRER AND MOTION FOR MORE SPECIFIC COMPLAINT 8. McCune avers in Count III of its Second Amended Complaint a cause of action for unjust enrichment against Forrester. 9. McCune claims in Count III that,by allowing Forrester's son to order and receive materials on Forrester's account, McCune has conferred a benefit upon Forrester, amounting to unjust enrichment in an amount which McCune should be able to collect as monetary damages. 10.Nowhere in the averments of Count III does McCune anywhere specify the nature of the benefit McCune contends to have been conferred upon Forrester. 11.No reasonable inference can be drawn from the mere relationship between Forrester and Forrester's son that materials ordered and received by Forrester's son confer a benefit upon Forrester. 12. For its failure in Count III to aver with specificity the benefit conferred upon Forrester, McCune, in Count III, fails to state a claim for unjust enrichment upon which relief may be granted. 13. For its failure to state a clam upon which relief may be granted, Count III of McCune's Second Amended Complaint should be dismissed, or in the alternative, McCune should be order to plead with specificity the nature of the benefit it contends was conferred upon Forrester. DEMURRER 14. Forrester has a son who also bears the name of Danny Forrester. 15. Forrester believes, and therefore avers,that his son Danny Forrester operated a construction business between April 2011 and July 2011. 2 16. During this specified interval of time Forrester had a revolving charge account with McCune. 17. During this interval of time,Forrester did not authorize his son Danny Forrester or anyone else to order construction materials from McCune and bill them to Forrester's account. 18. During this interval of time,Forrester received no benefit from any of the construction materials ordered and billed to his account with McCune. 19.During this interval of time,Forrester had no knowledge of the construction materials which were being ordered and billed to his account. 20. Forrester believes,and therefore avers,that during this interval of time all construction materials from McCune were ordered by his son Danny Forrester, or someone else on his behalf, for the sole benefit of the construction business then being operated by his son Danny Forrester and a third party. 21. Forrester believes, and therefore avers,that his son Danny Forrester concealed any McCune invoices mailed to Forrester's address during this time interval,and actively prevented Forrester from learning about the situation. 22. McCune knew,or reasonably should have known,that Forrester's son Danny Forrester was ordering the construction materials for use in his own construction business. 23. Under the circumstances, any claim which McCune has is a claim against the son Danny Forrester and not a claim against defendant Danny Forrester. 24. Under these circumstances,the Second Amended Complaint of McCune against Forrester should be dismissed. DEMURRER 25. McCune avers in paragraphs 7 through 11 and paragraphs 29 through 32 of the Second Amended Complaint that Forrester entered into an oral agreement with McCune on or about March 24,2010,the terms of which are set out in the specified paragraphs of the Second Amended Complaint. 3 26. The person with whom Forrester is alleged to have entered into the oral agreement is Ken Geesaman, Jr. 27. Defendant believes, and therefore avers,that Ken Geesaman, Jr., is deceased. 28. Under provisions of the Pennsylvania Dead Man's Act, McCune is barred from entering into evidence terms of the alleged oral agreement through oral or written statements of the specified deceased individual. 29. Under provisions of the Pennsylvania Rules of Evidence, statements from an unavailable declarant are governed by the provisions of the Rules pertaining to hearsay testimony. 30. Ken Geesaman, Jr., is unavailable to testify at a hearing because of death. 31. Rule 804, Pennsylvania Rules of Evidence(Pa. R.E. 804)contains a list of types of statements which are not excluded by the hearsay rule if the declarant is unavailable as a witness. 32. Statements by Ken Geesaman, Jr., as to the formation and existence of an oral contract between Forrester and McCune are hearsay and do not fall within any of the exceptions listed in Pa.R.E. 804(b). 33. Other than statements of Ken Geesaman,Jr.,to prove the formation and existence of an oral contract on March 24, 2010,between Forrester and McCune, McCune has no evidence to prove the formation and existence of the specified oral contract. 34. Without oral or written statements from the specified deceased individual, McCune cannot prove the existence of the alleged oral agreement. 35. Without the existence of the alleged oral agreement,McCune fails to state a claim upon which relief may be granted. 36. The invoices contained in Exhibit`B"of the Second Amended Complaint are not contractual documents, and do not constitute evidence of a written contract between Forrester and McCune. 37. McCune has failed to allege facts in its pleading which establish the formation and existence of either an oral contract or a written contract between McCune and Forrester. 4 38. McCune's Second Amended Complaint should be dismissed WHEREFORE,for the foregoing reasons,Defendant Danny Forrester requests this Court dismiss Plaintiff's Second Amended Complaint,or,in the alternative, order that McCune plead with adequate specificity the nature of the benefit supposedly conferred by it upon Forrester. Respectfully submitted, eb A.. .. A L221.1. Sally J. 1/nder Attorney for Defendant Danny Forrester Court ID 24705 PO Box 341 Newville,PA 17241 Telephone 717.776.6656 5 VERIFICATION I,Danny Forrester,verify that the statements made in the foregoing Preliminary Objections are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, rerlating to unworn falsification to authorities. Dated: 0 3 .�0 ►i Danny Forr-#ter 6 • MCCUNE LUMBER COMPANY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : NO.3828 OF 2013 DANNY FORRESTER, : CIVIL ACTION—LAW AND EQUITY Defendant CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of Defendant's Preliminary Objections and Demurrer endorsed with a Notice to Plead by depositing same in the United States Postal Service, first class postage prepaid on the day of October, 2013 addressed as follows: Ryan P. Siney,Esquire Tucker Arensberg,P.C. 2 Lemoyne Drive, Suite 200 Lemoyne,PA 17043 UIA,/ i 6 Sally J. Winder,Esquire CtID 24705 P.O. Box 341 Newville,PA 17241 (717) 776 6656 �TICE k� 2`J13 OCT 23 PM 1: 17 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MCCUNE LUMBER COMPANY Plaintiff Docket No.: 13-3828 Civil V. DANNY FORRESTER CIVIL ACTION - LAW AND EQUITY Defendant PLAINTIFF'S RESPONSE TO PRELIMINARY OBJECTIONS TO SECOND AMENDED COMPLAINT AND NOW COMES Plaintiff, McCune Lumber Company ("McCune"), by and through its counsel, Tucker Arensberg, P.C., to submit the following Response to Preliminary Objections to Second Amended Complaint: 1. Denied. It is denied that McCune's Complaint and Second Amended Complaint contain averments which are inconsistent in fact. McCune amended its original Complaint in an effort to resolve Preliminary Objections filed by Defendant, Danny Forrester("Forrester"), to the original Complaint. The First Amended Complaint and the Second Amended Complaint superseded the original Complaint, and therefore any inconsistencies the allegations contained therein are of no relevance whatsoever. McCune was permitted to amend its Complaint in response to Forrester's Preliminary Objections, and no rule of court prevents McCune's amended complaints to aver facts which are different than the facts alleged in the original Complaint -- indeed, that is the entire purpose of permitting a plaintiff to amend its complaint. 2. Denied. Paragraph 2 is an attempt to characterize a written document. The Complaint is a written document which speaks for itself, and any characterization of the same is denied. 3. Denied. Paragraph 3 is an attempt to characterize a written document. The Complaint is a written document which speaks for itself, and any characterization of the same is denied. 4. Paragraph 4 is a restatement and characterization of Pa.R.C.P. 1024(b). Pa.R.C.P. 1024(b) is a rule of court which speaks for itself, and any restatement or characterization of the same is denied. Pa.R.C.P. 1024(b) plainly applies to inconsistent allegations of fact within the same pleading, and is wholly inapplicable where there are inconsistent allegations in an original pleading and a subsequent amended pleading. 5. Paragraph 5 is a conclusion of law which requires no response. To the extent a response is deemed to be required, it is denied that the verification attached to the Second Amended Complaint fails to meet any requirement of law or rule of court. 6. Paragraph 6 is a conclusion of law which requires no response. To the extent a response is deemed to be required, it is denied that the verification attached to the Second Amended Complaint fails to meet any requirement of law or rule of court. 7. Paragraph 7 is a conclusion of law which requires no response. To the extent a response is deemed to be required, it is denied that the verification attached to the Second Amended Complaint fails to meet any requirement of law or rule of court, and further denied that McCune's Second Amended Complaint should be dismissed. 8. Admitted. 9. Admitted. 10. Denied. It is denied that McCune's Seconded Amended Complaint does not allege the nature of the benefit conferred upon Forrester by McCune. McCune's Second Amended Complaint at Paragraphs 51 through 55 more than adequately alleges that Forrester received and retained a benefit conferred by McCune. 11. Denied. It is denied that no reasonable inference can be drawn from the mere relationship between Forrester and Forrester's son that materials ordered and received by Forrester's son confer a benefit upon Forrester. No inference is necessary because McCune's Second Amended Complaint, at Paragraphs 51 through 55, plainly aver the benefit conferred upon Forrester. 12. Denied. The averments and Paragraph 12 are conclusions of law which require no response, and are also characterizations of a written document which speaks for itself. To the extent a response is required, it is denied that McCune failed to aver with specificity the benefit conferred upon Forrester and denied that McCune's Second Amended Complaint fails to state a claim upon which relief can be granted. 13. Denied. The averments and Paragraph 13 are conclusions of law which require no response, and are also characterizations of a written document which speaks for itself. To the extent a response is required, it is denied that McCune failed to aver with specificity the benefit conferred upon Forrester and denied that McCune's Second Amended Complaint fails to state a claim upon which relief can be granted. 14. Admitted upon information and belief. 15. Denied. Paragraph 15 is an averment regarding Forrester's belief, and McCune is without information sufficient to admit or deny what Forrester believes, and therefore the averments are denied and strict proof is demanded. 16. Admitted. 17. Denied. It is denied that Forrester did not authorize his son or anyone else to order construction materials from McCune and bill them to Forrester's account. The averment of Paragraph 17 is a factual dispute and is not relevant for purposes of Preliminary Objections. 18. Denied. It is denied that Forrester received no benefit from any of the construction materials ordered and billed to his account with McCune. The averment of Paragraph 18 is a factual dispute and is not relevant for purposes of Preliminary Objections. 19. Denied. It is denied that Forrester had no knowledge of the construction materials which were being ordered and billed to his account. The averment of Paragraph 19 is a factual dispute and is not relevant for purposes of Preliminary Objections. 20. Denied. Paragraph 20 is an averment regarding Forrester's belief, and McCune is without information sufficient to admit or deny what Forrester believes, and therefore the averments are denied and strict proof is demanded. To the extent that materials were billed to Forrester's account, such orders were placed with Forrester's knowledge, consent and authorization. 21. Denied. Paragraph 21 is an averment regarding Forrester's belief, and McCune is without information sufficient to admit or deny what Forrester believes, and therefore the averments are denied and strict proof is demanded. It is further denied that Forrester's son concealed McCune's invoices from Forrester. McCune believes and avers that Forrester knew at' all times relevant hereto that his son was ordering goods from McCune and billing those goods to Forrester's account, and Forrester agreed to be ultimately liable to McCune for such payment on such orders. 22. Denied. It is denied that McCune should have known that Forrester's son was ordering construction materials for use in his own construction business. McCune has no obligation or business need to know the purpose or intended use of the goods it supplies to its customers. 23. The averments and Paragraph 23 are conclusions of law which require no response. To the extent a response is required, it is denied that McCune's claim is against Forrester's son and not against Forrester. Without waiving, releasing or limiting and potential claims against Forrester's son, McCune is entitled to recover from Forrester given that Forrester authorized and requested that McCune permit his son to transact business on Forrester's account with McCune, and Forrester agreed to be liable for the charges made to the account. 24. The averments and Paragraph 24 are conclusions of law which require no response. To the extent a response is required, it is denied that McCune's Second Amended Complaint should be dismissed. Moreover, this Preliminary Objections in the nature of a demurrer is not an appropriate basis for a Preliminary Objection as it relates to the facts of the case and not to whether the claim is legally sufficient. 25. Denied. Paragraph 25 is an attempt to characterize a written document. The Complaint is a written document which speaks for itself, and any characterization of the same is denied. 26. Denied. Paragraph 26. is an attempt to characterize a written document. The Complaint is a written document which speaks for itself, and any characterization of the same is denied. McCune's Second Amended Complaint unambiguously alleges that Forrester's oral agreement was with McCune, not with Kenneth Geesaman, Jr. or with any other indivual. 27. Denied. Paragraph 27 is an averment regarding Forrester's belief, and McCune is without information sufficient to admit or deny what Forrester believes, and therefore the averments are denied and strict proof is demanded. It is admitted that Kenneth Geesaman, Jr. is deceased. 28. The averments and Paragraph 28 are conclusions of law which require no response. To the extent a response is required, it is denied that Pennsylvania's Dead Man's Act prevents McCune from entering into evidence the terms of an alleged oral statement made by Forrester to an agent of McCune. 29. The averments and Paragraph 29 are conclusions of law which require no response. To the extent a response is required, the conclusion of law averred in Paragraph 29 is denied. 30. The averments and Paragraph 30 are conclusions of law which require no response. To the extent a response is required, the conclusion of law averred in Paragraph 30 is denied. 31. Paragraph 31 is a restatement and characterization of Pa.R.E. 804. Pa.R.E. 804 is a rule of evidence which speaks for itself, and any restatement or characterization of the same is denied. It is denied that Pa.R.E. 804 has any application or relevance to this litigation at this time. Pa.R.E. 804 is an evidentiary rule, and questions regarding the admissibility of evidence are not appropriate subjects of Preliminary Objections. 32. Paragraph 32 is a restatement and characterization of Pa.R.E. 804. Pa.R.E. 804 is a rule of evidence which speaks for itself, and any restatement or characterization of the same is denied. It is denied that Pa.R.E. 804 has any application or relevance to this litigation at this time. 33. Paragraph 33 is a conclusion of law which requires no response. To the extent a response is required, it is denied that McCune has no evidence, other than the testimony of Kenneth Geesaman, Jr., to prove the formation and existence of an oral contract between Forrester and McCune. To the contrary, McCune's Seconded Amended Complaint, at Paragraph 21 through 24, plainly and unambiguously alleges that, in June 2012, Forrester acknowledged to Sandra Geesaman that he had authorized his son to transact business on his account with McCune and acknowledged that he was liable for the charges on his account. 34. Paragraph 34 is a conclusion of law which requires no response. To the extent a response is required, it is denied that McCune cannot prove the existence of the oral agreement between McCune and Forrester. 35. Paragraph 35 is a conclusion of law which requires no response. To the extent a response is required, it is denied that McCune cannot prove the existence of the oral agreement between McCune and Forrester and denied that McCune fails to state a claim upon which relief may be granted. 36. Paragraph 36 is a conclusion of law which requires no response. To the extent a response is required, it is denied that the invoices attached to McCune's Seconded Amended Complaint do not constitute evidence of a contract between Forrester and McCune. 37. Paragraph 37 is a conclusion of law which requires no response. To the extent a response is required, it is denied that McCune has failed to allege facts which establish the formation and existence of a contract between Forrester and McCune. 38. Paragraph 38 is a conclusion of law which requires no response. To the extent a response is required, it is denied that McCune's Second Amended Complaint should be dismissed. WHEREFORE, Plaintiff, McCune Lumber Company, respectfully requests this Honorable Court to overrule the Preliminary Objections to Seconded Amended Complaint. Respectfully submitted, TUC ARENS P.C. A Dated: October 21, 2013 By ya . Siney, I.D. #20919 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Phone: (717) 234-4121 Fax: (717) 232-6802 Email: rsiney @tuckerlaw.com HB GDB:13 9440-1028491-159141 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of Plaintiff's Response to Preliminary Objections to Second Amended Complaint by depositing same in the United States Postal Service, first class postage prepaid on the 21St day of October, 2013, addressed as follows: Sally J. Winder, Esquire P.O. Box 341 Newville, PA 17241 TU ARENS G, 0 Dated: October 21, 2013 By �/^✓� ya . Siney, I.D. #209190 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Phone: (717) 234-4121 Fax: (717) 232-6802 Email: rsiney @tuckerlaw.com PRAECIPE FOR LISTING CASE FOR ARGU ENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) February 14, 2014 --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE ' (entire caption must be stated in full) rw� M McCune Lumber Company C7"* vs. Zc. --ca CD )PI C-) Danny Forrester Ica CD r_ No. 13-3828 Civil I�Tatm ..c CD 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Second Amended Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Ryan P. Siney - Tucker Arensberg (Name and Address) 2 Lemoyne Drive, Suite 200, Lemoyne, PA 17043 (b) for defendants: Sally J. Winder, Esquire (Name and Address) P.O. Box 341, Newville, PA 17241 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February 14,2014 Sigiature Ryan P. Siney Print your name Date: January 15, 2014 Attorneyfor Plaintiff INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) before argument. 2.The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)after the case is relisted. � � 1 � Ll 173 MCCUNE LUMBER COMPANY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA • V. • • DANNY FORRESTER, DEFENDANT : 13-3828 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT BEFORE HESS, P.J., MASLAND, J. AND PLACEY, J. B ORDER OF COURT AND NOW, this /D day of February, 2014, upon consideration of the Preliminary Objections filed by Defendant, Danny Forrester, to the Complaint filed by Plaintiff, McCune Lumber Company, briefing by the parties and argument en banc, those Objections are OVERRULED. Defendant is directed to file an Answer to the Complaint within twenty (20) days of the entry of this order. By the Court, ‘0°' - O Albert H. Masland, J. /Ryan P. Siney, Esquire 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 For Plaintiff ally J. Winder, Esquire N yµi P.O. Box 341 ' Newville, PA 17241 " = ' For Defendant r" rn r- ±-70 ui c sal f-- �- • �`� C-,;Cs rn.�.1IBC, a2//0//y co fey) MCCUNE LUMBER COMPANY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 3828 OF 2013 DANNY FORRESTER, : CIVIL ACTION — LAW AND EQUITY Defendant NOTICE TO PLEAD To: McCune Lumber Company: 0 You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Sally J. +Inder, Esquire Attorney for Plaintiff Court ID 24705 P.O. Box 341 Newville, PA 17241 717 776 6656 MCCUNE LUMBER COMPANY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • v. : NO. 3828 OF 2013 • • DANNY FORRESTER, : CIVIL ACTION — LAW AND EQUITY Defendant DEFENDANT DANNY FORRESTER'S ANSWER AND NEW MATTER TO PLAINTIFF MCCUNE LUMBER COMPANY'S SECOND AMENDED COMPLAINT COMES NOW the Defendant Danny Forrester ("Forrester"), by and through his attorney Sally J. Winder and, to Plaintiff McCune Lumber Company's ("McCune") Second amended Complaint, files, the following Answer and New Matter: 1. Admitted. 2, Admitted. 3. Admitted. 4. Admitted.. 5. Denied. To the contrary, Forrester avers that no "arrangement", such as is claimed by McCune in Paragraph 4, was ever entered into at any time between Forrester and McCune. 6. Denied. To the contrary, Forrester avers that, inasmuch as no "arrangement" such as that claimed by McCune in Paragraph 4, was ever entered into or existed at any time, Forrester at no time ever complied with the terms of the non-existent "arrangement". 7. Denied. To the contrary, Forrester avers that he had no conversation with Ken Geesaman in March 2010 such as the conversation claimed by McCune in Paragraph 7. Forrester further avers that at no time did he ever request, orally or in writing, that Forrester's son, Danny G. Forrester, become authorized to transact business on Forrester's account with McCune. 8. Denied. To the contrary, Forrester avers that he gave no oral instructions to Ken Geesaman on March 24, 2010 such as those claimed by McCune in Paragraph 8. 8. Denied. To the contrary, Forrester avers that he gave no oral instructions to Ken Geesaman on March 24, 2010 such as those claimed by McCune in Paragraph 8. Forrester further avers that at no time did he ever orally instruct Ken Geesaman to allow Forrester's son, Danny G. Forrester, to transact business on and act as an agent on Forrester's account with McCune. 9. Denied. To the contrary, Forrester avers that he did not, on March 24, 2010, or at any other time, orally acknowledge any oral agreement with McCune to be and remain personally liable for account balances charged on the McCune account by his son, Danny G. Forrester. 10. Denied. To the contrary, Forrester avers that, since he never entered into or acknowledged the oral agreement claimed by McCune to allow his son, Danny G. Forrester, to transact business and charge goods to Forrester's account with McCune, he never knew or understood the personal liability extent claimed by McCune in Paragraph 10. 11. Denied. To the contrary, Forrester avers that, since he never entered into or acknowledged the oral agreement claimed by McCune, he never agreed to or acknowledged any specific payment terms for any account balances charged by and incurred by his son, Danny G. Forrester. 12. Denied. Forrester lacks knowledge or information sufficient to form a belief as to the truth or falsehood of the averments in Paragraph 12, and said averments are therefore denied. Strict proof at the trial of the case is demanded. 13. Denied. To the contrary, Forrester avers that he never ordered or purchased any of the goods the prices of which make up the claimed account balance. As to the averments that any goods ordered were for the business activities of Forrester's son, Danny G. Forrester, Forrester lacks knowledge or information sufficient to form a belief as to the truth or falsehood of such averments, and said averments are denied. Strict proof thereof at the trial of the case is demanded. 14. Denied. To the contrary, Forrester avers that he never made any "arrangement" or agreed to any such terms such as those averred in earlier paragraphs of the Second Amended Complaint. Forrester further avers that he never placed any orders with McCune during the time period between March 2011 and July 2011. As to the averment that Forrester's son, Danny G. Forrester, placed multiple orders with McCune during this time frame, Forrester lacks information and knowledge sufficient 2 to form a belief as to the truth or falsehood of this averment, and the same is denied. Strict proof at the trial of the case is demanded. 15. Denied. To the contrary Forrester re -avers his answer in Paragraph 14 herein and incorporates the same by reference as though set forth at length. Forrester further avers that he did not pay any portion of the monies paid on his account balance. The statement in Exhibit "A" and the invoices in Exhibit "B" are not factual pleadings which Forrester is required to admit or deny. 16. Denied. To the contrary, Forrester avers that no agreement between Forrester and McCune was formed on or about March 24, 2010. As to the averment that McCune mailed invoices and statements to Forrester's home address, Forrester lacks knowledge or information sufficient to form a belief as to the truth or falsehood of such averment, and the same is denied. Strict proof at the trial of the case is demanded. 17. Denied. To the contrary, Forrester denies being provided with invoices and account statements and, therefore, had no reason to dispute anything with McCune. Forrester further avers that he never had given McCune authorization for his son, Danny G. Forrester, to bill orders on Forrester's account; thus, there was no need to revoke an . authorization that had not been made or given in the first place. 18. Denied. Forrester lacks knowledge or information sufficient to form a belief as to the truth or falsehood of the averments in Paragraph 18, and the same are denied. Strict proof at the trial of the case is demanded. 19. Denied. Forrester lacks knowledge or information sufficient to form a belief as to the averments of Paragraph 19, and the same are denied. Strict proof at the trial of the case is demanded. There are no disputed invoices before May 2011; thus, payment of invoices before April 2011 neither confirms nor denies any understanding by Forrester as to his liability for any balances on his McCune account. 20. Admitted. Forrester further avers that Forrester had no duty or responsibility to pay any McCune invoices generated after April 2011 21. Admitted. 22. Admitted. Forrester further avers that McCune has apparently waived what it has no legal right to collect anyway. 23. Admitted. 24. Denied. To the contrary, Forrester never acknowledged to Sandra Geesaman at any time that he had authorized his son, Danny G. Forrester, to transact business on Forrester's McCune account. In the specified phone conversation, Sandra Geesaman admitted that she knew that the "arrangement" between Forrester's son, Danny G. Forrester, had been worked out with her brother, Ken Geesaman, without any knowledge of Forrester, and she recognized that Forrester was not liable for the charges incurred by Forrester's son, Danny G. Forrester. 25. Denied. To the contrary, Forrester re-avers Paragraph 24 of his Answer and incorporates the same herein by reference as though set out at length. Forrester further avers that he did not acknowledge receiving the invoices and statements. Forrester further avers that he told Sandra Geesaman he was not the party responsible for paying this account, and she agreed with Forrester. 26. Denied. To the contrary, Forrester re-avers Paragraph 24 of his Answer and incorporates the same herein by reference as though set out at length. Forrester further avers that he never acknowledged to Sandra Geesaman or anyone else that he was the liable party on the account, and that he was responsible for satisfying the account balance. Forrester further avers that he stated that his son, Danny G. Forrester, was the responsible party on the account, and Sandra Geesaman agreed this was correct. 27. Denied. To the contrary, Forrester avers that he did not have actual or constructive knowledge of the orders billed to his account by his son, Danny G. Forrester. Forrester further avers that he never authorized or gave permission for his son, Danny G. Forrester, to transact business on his McCune account, and that he never understood that he would be liable for the orders placed by his son, Danny G. Forrester. 28. Forrester re-avers Paragraphs 1 through 27 of this Answer and incorporates the same herein by reference as though set out at length. 29. Denied. To the contrary, Forrester avers that no oral and written contract was entered into between him and McCune. 30. Denied. To the contrary, Forrester avers that he entered into no oral or written contract with McCune at the specified time, or at any time. Forrester further avers that he never confirmed the existence of any oral or written contract in June 2012. Forrester further avers that the Exhibits attached to the Second Amended Complaint 4 are not contractual, and do not establish the formation or existence of a written contract between Forrester and McCune. 31. Denied. To the contrary, Forrester avers that no contract was formed, or ever existed, between Forrester and McCune. 32. Denied. To the contrary, Forrester avers that no contract was formed, or ever existed between Forrester and McCune. Forrester further avers that he never instructed McCune to allow Forrester's son, Danny G. Forrester, to transact business on Forrester's account. 33. Denied. To the contrary, Forrester avers that no contract was formed, or ever existed, between Forrester and McCune. Forrester further avers that he had no duty or obligation to pay McCune for the goods ordered by his son, Danny G. Forrester. 34. Denied. To the contrary, Forrester avers that, inasmuch as no contract was formed, or ever existed, between Forrester and McCune, Forrester's failure to pay McCune did not constitute a breach of contract. 35. Denied. To the contrary, Forrester avers that no contract was formed, or ever existed, between Forrester and McCune. Forrester further avers that his failure to pay McCune does not constitute a breach of contract. 36. Denied. To the contrary, Forrester avers that no contract was ever formed, or ever existed, between Forrester and McCune. Forrester further avers that he has committed no default as to McCune, and McCune is not entitled to any interest from Forrester. 37. Forrester re-avers Paragraphs 1 through 36 of his Answer and incorporates the same by reference as though herein set out at length. 38. Denied. To the contrary, Forrester avers that no contract was formed, or ever existed, between Forrester and McCune. Forrester further avers that McCune has no cause of action against Forrester by way of promissory estoppel. 39. Denied. To the contrary, Forrester avers that he never orally promised on the specified date, or at any other time, that he would pay for the specified goods if the same were ordered, and delivered to, his son, Danny G. Forrester. 40. Denied. To the contrary, Forrester avers that he never made the oral promises and representations alleged by McCune. Forrester further avers that no conduct of his ever reinforced the alleged oral promises and representations. 41. Denied. To the contrary, Forrester avers that he never made any representations to McCune upon which McCune would, could, or should have relied to its detriment. 42. Denied. To the contrary, Forrester avers that he never ordered any of the specified goods. Forrester further avers that he at no time made any representations to McCune upon which McCune had any reason to rely relative to the provision of goods to Forrester's son, Danny G. Forrester. Forrester further avers that he never received any of the specified goods. 43. Denied. To the contrary, Forrester avers that he never made any representations to McCune upon which McCune had any reason to rely. Forrester further avers that he never ordered any of the specified goods, and never received any of the specified goods. 44. Denied. To the contrary, Forrester avers that he never made any representations to McCune upon whiOh McCune had any reason to rely as far as accepting and filling orders billed to Forrester's account were concerned. 45. Denied. To the contrary, Forrester avers that McCune has not suffered damages as a result of any representations made by Forrester. Forrester further avers that he made no representations to McCune upon which McCune had any reason to rely. 46. Denied. To the contrary, Forrester avers that Forrester made no representations to McCune upon which McCune had any basis or reason to rely. Forrester further avers that he did not receive any invoices for the goods ordered by and received by his son, Danny G. Forrester, 47. Denied. To the contrary, Forrester avers that Forrester made no representations to McCune upon which McCune had any basis or reason to rely. Forrester further avers that he cannot be held responsible for any damages suffered by McCune as a result of unpaid invoices for goods ordered by and delivered to Forrester's son, Danny G. Forrester. 48. Forrester re-avers paragraphs 1 through 47 of his Answer and incorporates said averments by reference as though herein set out at length. 6 49. Denied. To the contrary, Forrester avers that McCune has no cause of action against Forrester based upon principles of unjust enrichment. 50. Denied. To the contrary, Forrester avers that Forrester made no requests for purchase or delivery of goods, that Forrester had no such goods delivered to him, and that Forrester never received any invoices for any such goods. 51. Denied. To the contrary, Forrester avers that McCune never delivered any goods to Forrester or for his benefit. Forrester further avers that McCune has conferred no benefit upon Forrester via the delivery of any goods. 52. Denied. To the contrary, Forrester avers that Forrester never requested McCune to allow Forrester's son, Danny G. Forrester, to transact business on Forrester's account. Forrester further avers that the alleged "arrangement" did not provide any benefit to Forrester. 53. Denied. To the contrary, Forrester avers that he accepted no benefit from McCune because the "arrangement" was in no way beneficial to Forrester. 54. Denied. To the contrary, Forrester avers that Forrester has not received any benefit from McCune, knowingly or otherwise. 55. Denied. To the contrary, Forrester avers that Forrester never received any income from the projects which used the McCune goods. Forrester further avers that McCune has no reasonable basis for concluding that Forrester received any direct or indirect benefit from the goods delivered by McCune. 56. Denied. To the contrary, Forrester avers that Forrester received no benefits from McCune, and, therefore, Forrester has not been unjustly enriched at McCune's expense. 57. Denied. To the contrary, Forrester avers that Forrester has received no benefit from McCune arising out of the goods delivered by McCune. 58. Denied. To the contrary, Forrester avers that Forrester never received and accepted any goods delivered by McCune. Forrester further avers that Forrester never had any obligation to pay for goods delivered by McCune, and that Forrester has not been unjustly enriched at McCune's expense. 7 NEW MATTER For further defense, Forrester avers the following New Matter: 59. McCune avers that an oral agreement, upon which McCune's claim is based, was entered into between Forrester and Ken Geesaman. 60. Ken Geesaman, on or about March 24, 2010, was a corporate officer of McCune. 61. Ken Geesaman died May 31, 2012. 62. Any evidence in the form of oral statements of Ken Geesaman as to the formation of any oral agreement with Forrester is inadmissible hearsay evidence. 63. McCune lacks any admissible evidence to show the formation of any oral agreement between Forrester and McCune. 64. McCune cannot prove, by any applicable standard of evidence, the formation and existence of an oral agreement between Forrester and McCune. 65. McCune's entire case against Forrester is based upon the formation and existence of an oral agreement between Forrester and McCune. 66. Because it cannot prove the formation and existence of an oral agreement between Forrester and McCune, McCune's case fails and must be dismissed. WHEREFORE, Defendant Danny Forrester requests the Court , for the foregoing reasons, to dismiss all counts of Plaintiffs Second Amended Complaint filed against him. 8 y 1 Sa J. Wi St er, orney for Defendant Court ID 24705 PO Box 341 Newville, PA 17241 Telephone (717) 776 -6656 VERIFICATION I, Danny Forrester, verify that the statements made in the foregoing document are true and edited to the beSt bf knoWledge, ihfortriatibii, and belief. I Understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. section 4904, relating to unworn falsification to authorities. Danny Forrester MCCUNE LUMBER COMPANY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 3828 OF 2013 DANNY FORRESTER, : CIVIL ACTION — LAW AND EQUITY Defendant CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of Defendant's Answer and New Matter and endorsed with a Notice to Plead by depositing same in the United States Postal Service, first class postage prepaid on the 11th day of March, 2014 addressed as follows: Ryan P. Siney, Esquire Tucker Arensberg, P.C. 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Sally J. Winder, Esquire Ct ID 24705 P.O. Box Newville, PA 17241 (717) 776 6656