HomeMy WebLinkAbout08-1734COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. D9 - 1731f
NOTICE OF APPEAL
Kied : 1'?'laA 17•-2wg-
247 Aj. enalo- tZ7 PQ 1702-G
3-/0-08 use .T enT lac- 7av6? _q,e(&10-ni I-e
DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY AGENT
LV- Oaoo b9 t- 0 7
?l
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
svmvum of Prothonohry or DOPW
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
(Common Pleas No.
Name of appefi"(s)
appellee(s), to file a complaint in this appeal
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or athomey or agent
RULE: To , appellee(s)
Name of appeMee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 20
Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on
(date of service) 20 , ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
,20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 20
Signature of officist before whom affidavit was made
Signature of affiant
Tdle of official
My commission expires on
20
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~ COMMONWEALTH OF PENNSYLVANIA
t-ni KiTV r1F• CUMBERLAND
Mag. Dist. No.'.
09-3-04
MDJ Name: Hon.
THOMAS A. PLACEY
Address: 104 S SPORTING HILL RD
MECHANICSBURG, PA
Telephone: (717 ) 761-8230 17050
KUSER HOME IMPROVffiNT INC.
247 N. ENOLA ROAD
ENOLA, PA 17025
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR DEFENDANT
(Date-of Judgment) 3/10/08
® ment was entered for:
d
J (Name) pEF1rLEY, STEPHANIE
g
u
C
ment was entered against:
Jud (Name) .
FUSER HOME IMPROVEILE, NT IN
g
in the amount of $
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
F1 This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential lease $
Amount of Judgment $ .00-
Judgment Costs $ .00
Interest on Judgment $ • 00
Attorney Fees $ -.00
Total $ .00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT.OF COMMON PLEAS,'ALL`FURTHER PROCESS MUST
COME' FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
0 '&& Of Date
I certify that this is a true aryl correct
10 17A d9 D e
My commission expires first Monday of January, 2010
AOPC 315-07
NOTICE OFCJIVDGC ESNET/TRANSCRIPT
PLAINTIFF: NAME and ADDRESS
rKUSER HOME IMPROVElIIENT INC.
247 N. ENOLA ROAD
ENOLA, PA 17025
L
vs.
DEFENDANT: NAME and ADDRESS
rPEFFLEY, DAVID, ET AL.
110 MAPLE AVE.
CAMP HILL, PA 17011
J
7
L_ J
Docket No.: CV-0000691-07
Date Filed: 10/10/07
DATE PRINTED: 3/10/08 1:34:00 PM
Magisterial District Judge
containing the judgment.
, Magisterial District Judge
SEAL
„OMMONWEALTH OF PENNSYLVANIA
?nI INITV nG• CUMBERT.AiM
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
Mag Dist. N.
09-3-04
MDJ Name Hon.
THOMAS A. PLACEY
Address. 104 S SPORTING HILL RD
MECHANICSBURG, PA
Telephone: (717 } 761-8230 17050
KUSER HOME IMPROVEMENT INC-
247 N. ENOLA ROAD
ENOLA, PA 17025
PLAINTIFF: NAME and APDRESS
5EIISER HOME IMP$OVEMENT INCA.
247 ENOLA' ROAD
ZNOLA, PA,' 17,0 2 5 t"
DEFENDANT tT `'
110. y
CAMP ?'HI , ?,
14
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9X" ,0 ,
Docket No ACV.-,000,06
Qa#e`File'd: 10j10/07,
THIS IS TO NOTIFY YOU THAT: 3/10/08
Judgment: ' FOR DBFMWANT K ' (Date of Judgment),
(Name) PEFFLBY, DAVID
d f
® or:
Judgment was entere
® Judgment was entered against: (Names) KUSER HOME IMPROVENE, NT INC.
in the amount of $
Amount of Judgment 00
$ -?
Defendants are jointly and severally liable. Judgment Costs $
00
.0 . Damages will be assessed on pate& Time_ Interest on Judgment
Attorney Fees $ .
$ 00
? This'case dismissed, without. prejudlce
Tot
l
00
. $
r a
r
x Amount of Jud ment Subject to Attachment/42Pa.C.S. 8127
g
t Judgment;-Ge
Po
. is
st Judgment Costs
Po
$
iprt oWudgment fot physical 'sipg out of 7
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/0 0$ Date Magisterial Dist.?lct ,,itdg
I certify that this is a true an correct of the p ceedings cdnfaining the judgment,
Date ; Magisterial Distrrct Judge
f
16/0
., .
My commission expires first Monday of January, 2010
AOPC 315-07
DATE PRINTED: 3/10/08
SEAL.
1:34:00 PM
COMMONWEALTH OF PENNSYLVANIA
(01INTY OF: `CUMBERT_sI
Mag. Dist. No :
09-3-04
MDJ Name: Hon.
THOMAS A. PLACEY
Address: 104 S. SPORTING HILL . RD
MECHANICSBURG PA
Telephone (717) 761-8230 17050
KUSER HOME IMPROVEMENT INC.
247 N. ENOLA ROAD
?iOLA, PA 17025
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
r
7
DAVID A. & STPEHANIE J. PEFFLEY
110 MAPLE 'AVE .
CAMP HILL, PA 17011
L J
v8.
DEFENDANT: NAME and ADDRESS
rXUSBR'ROME IMPROVEMENT..INC.
247 N. E IOLA ROAD
ENOLA, PA 17025
L J
Docket No.: CV-0000691-07
Date Filed: 12/14/07
CROSS COMPLAINT 001 r
THIS IS TO NOTIFY YOU THAT:
f ._,;.FOjt DSF;I?1irT e 3 /:10 / 0 8
J T
udgment. (Date of Jndgm' nt}
® Judgment was entered for: (Name) KUSER HOME IMPROVZLENT INC.
® Judgment was entered against: (Name) DAVID A. & STPEHANIE, J. PEFF
e
in the amount of $
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential lease $
Amount of Judgment $ .00
Judgment Costs $ .00
Interest on Judgment $ -.7iyD
Attorney Fees $ .10110
Total $ .00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN R MAGISTERIAL DISTRICT JUDGES, IF THE
ROM' TO THE, RULES OF CIVIL PROCEDURE FO
LDEWELECT'S R
t
CbItHT OF GnMM"ON PLEAS ANQOUHTFiEFt PROCESS MAY PLEAS, ALL FURTHER PROCESS MUST
COME F . . k
Y BE IS ED BY E MAGISTERIAL DISTRICT JUDGE
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST. FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
I .,
Date
I certify that this is a true a cotrect cQq.y_Qf3he_record.cif the p ceeding:
It) ?1"lr"J Date
My commission expires first Monday of January, 2010
d .. ?
M glsteriai.bist ict ,}udgls?,
contaihing the ju'dgmen't - "
Magisterial District Judge' -'
SEAL
AOPC 315-07
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTYOF tam .e,Z„L a - ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
E a copy of the Notice of Appeal, Common Pleas y upon the District Justice designated therein on
cpoe v'r ma;/,`.j 9 )
(date of service) }yi a / 20 01 ? by personal service by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) jAk j j 4 5 reogb P
rrl 4A &.) e9j 20 Of ? by personal service LN by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS Q DAY OF !::14 a-A ck) , 20jQ
Signature of olficia bePor¢ whom affidavit was made
Title of official
My commission expires on 20
C0 M * WEALTFI of pENNBYLV
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL ' 17 -2009F
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
2--7-ti.-Er1ala- Rp F,Wi0.. PA 170'
DATE OF MWWEW IN THE CASE OF (olr Wn (D i.
3-!0_. 08 Kusefk Okmmn rr11PR_.,vtfrl@'+1T j ;1c-vs pav+7 sj-eel)o- ni'e 'Pe - +(t
Cv- OOCao 69 t- o ;?
This block will be signed ONLY when this notation is required urider Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDERS to the judgment for possemion in flora case.
4 ,
appeNant was
before a District A CQIAPLAfNT AWST 1JE FILED %*Nn twenty
(20) days after MV the NOTICE of APPEAL.
PRAECF TO l:NM RULE TO FILE LET ?WO TO FILE
,! , 1 C )(This s??bort of form fo. be Use1d"6t y when was DEFENDANT (see Pf.R.C.P.D.J. No. 1001(7) in action before Di&rkt Justice. IF
NOT USED, defach from copy of nobW Of ti' fft be served tOw aprpe,pee. ? s
PRAECIPE: To Prothonotary
Enter rule upon appeNee(s? to file a complaint in thus appeal
Name of appelsa(s)
(Common Pleas No. ) within twenty (20) days at vic of rude t>IC k entt+y ?ud9 0 ron'•?.
sow" of^*~ors*w"oy-aq"
RULE: To , appellee(s)
NWM of app"WS)
(1) You are notified that a rule is hereby entered upon you to hale a con lairA in this appeal within twa* (20) days after the date of service
of this rule upon you by personal service or by e: fend or roodered tom'
(2) If you do not fib a comPhlint within this #". a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service w by mail is the data of the mailing.
Date:
,20
signorinas n[P"**Wty a?r W*-
YOU MUST INCLIJDE A COPY OF THE NOS OF JU ITIft#l1 MRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELU MrS CO"
PINK - CO" TO BE SERVED ON APPELLEE GOLD 400Y TO BE SERVED ON DISTRICT A STICE
KUSER HOME IMPROVEMENTS, INC., : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
DAVID A. PEFFLEY and NO. 2008 -1734 CIVIL TERM
STEPHANIE J. PEFFLEY,
DEFENDANT
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint, order 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 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, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
AMERICANS WITH DISABILITIES
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
2
KUSER HOME IMPROVEMENTS, INC.,
PLAINTIFF
v.
DAVID A. PEFFLEY and
STEPHANIE J. PEFFLEY,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2008 - 1734 CIVIL TERM
COMPLAINT
AND NOW comes the Plaintiff, KUSER HOME IMPROVEMENTS, INC., by and
through its attorneys, Irwin & McKnight, and makes the following Complaint against the
Defendants, DAVID A. PEFFLEY and STEPHANIE J. PEFFLEY, as follows:
1.
The Plaintiffs are Kuser Home Improvements, Inc., a Pennsylvania Corporation with its
principal place of business located at 247 North Enola Road, Enola, Cumberland County,
Pennsylvania 17025.
2.
The Defendants are David A. Peffley and Stephanie J. Peffley, his wife, adult individuals
who reside at 110 Maple Avenue, Camp Hill, Pennsylvania 17011.
3.
On or about October 31, 2006, the parties entered into an Agreement for the Plaintiff to
perform certain repairs and improvements to the single family residence of the Defendants for
the sum of Seven Thousand and no/100 ($7,000.00) Dollars. A copy of the Agreement is
attached hereto and marked as Exhibit "A".
3
4.
The Defendants paid the Plaintiff the sum of Seven Thousand and no/100 ($7,000.00)
Dollars and the work was substantially completed on February 28, 2007.
5.
In addition to the contract work, the Defendants requested to the Plaintiff to perform the
following extra work on a time and material basis. The additional work included the following:
A. Insulate around the window jams.
B. Place fiberglass installation above the drop ceiling and removal of the old
ceiling tile.
C. Remove small wing wall by stairs and reconstruct the taller wall to the ceiling
of the second floor. The wall was dry walled and finished.
D. The hall track lighting in the suspended ceiling in the family room.
E. Oak Park fee.
F. Additional wall outlets by fireplace.
G. Additional wall outlets by computer.
6.
The following amounts are now due and owing:
A. Invoice 15 .............................................................$2,113.22
B. Invoice 17 ................................................................1,126.78
C. Oak Park Fee ................................................................20.00
D. Wall outlets ................................................................200.00
E. Wall wing construction ..............................................240.00
F. Additional wall outlet ................................................120.00
Total ...................................................................... $3,820.00
4
7.
Interest is due and payable from April 1, 2007 at 10% per annum which total the amount
of $687,60.
8.
The total amount due for the additional work performed by the Plaintiffs is:
Additional work performed .................$3,820.00
Interest ......................................................687.60
Total .................................................... $4,507.60
Filing fees .................................................171.75
Total ................................................... $4,679.35
WHEREFORE, the Plaintiff requests judgment against the Defendants, David A.
Peffley and Stephanie J. Peffley for the sum of Four Thousand Six Hundred Seventy Nine and
35/100 ($4,679.35).
Respectfully submitted,
IRW& cNIGH
IN K
By:
Supreme Court I. #: 25476
60 West Pomfret T!t
Carlisle, PA 1701
(717) 249-2353
Attorney for the Plaintiff
Date: March 25, 2008
5
EXHIBIT "A"
PROPOSA. ___ --
PROPOSAL NO.
Kuser Home improvements f 00) b 4
247 N. Enols Rd SHEET NO.
Enola PA 17025
DATE
-7 l)-k5(.: -Z-7q 3
PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT
NAME n l
1) ?
a-V
ADDRESS
C,4? ?1 ?v4 _ i?o I?
PHONE N0.
ADDRESS
DATE
ARCHITECT
We hereby propose to furnish the materials and perform the labor necessary for the completion of Renevr?Ti ?nS r) ?+vc
j2oaM S clegt n 'c-e-ct Qs d-c- "F;rtfiAC-e !zc ur'r " cc/t? ?? "F.4At' RmM h, IZEnovA-ri o,1S
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LvAr? tq?l i n_ CA r, r2 ? r, o n d Cc.?-e .
t. Fvr o K r e-A;sT i Staff VtA-eer LIn A2 j) v,10 w ws ca-,to A oP-s AS rite d 3 w l(S
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All material is guaranteed to be as specified, and the above work to be performed in accordance with the dry rings and specifi-
cations submitted for above work and completed in a substantial workmanlike manner for the sum of Se -z oLJO_40
)
Dollars ($ 100(0,0<D
with payments to be made as follows. 1
1#! 0vo C)'OLL),'1 rR; brL -rv STjg2T t 33 y u Pu 1 ci'f!' r
4A333 urun CQtnOtTivel OF f1'rt('lAce_ R,_'oUr4luf? Tva
2333 VPun CoMPljr%'Qn OP F=A/1l17 f200/'I PZAfA-')&
Respectfully submitted -/L:I _ c:a.
Any alteration or deviation from above specifications involving extra costs
will be executed only upon written order, and will become an extra charge Per
over and above the estimate. All agreements contingent upon strikes, ac-
cidents, or delays beyond our control.
Note-This proposal may be withdrawn
by us if not accepted within / S- days.
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work
as specified. Payments will be made as outlined above. I .?
Signature
Date ,^,/, / _?/V (-? Q-j Signature
at +I NC 3818-50 PROPOSAL
PROPOSAL
Kuser Home Improvements
247 N. Ends Rd
Enola PA 17025
PPnpngAI SI IRMITTFn TO,
NAME
ADDRESS CUn
PHONE NO.
WORK TO BE PERFORMED AT:
PROPOSAL NO.
OOSbfi, - 0
SHEET NO.
oF 2
DATE
ADDRESS
DATE OF PLANS
ARCHITECT
We hereby propose to furnish the materials and perform the labor necessary for the completion of
a, FAM i I
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All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings nd specifi-
cations submitted for above work and completed in a substantial workmanlike manner for the sum of as Pe r 042-
Dollars
($ )
with payments to be made as follows. A-3 ?9ff CA !?e-
A"iLi ?
?l Cc
Respectfully submitted
Any alteration or deviation from above specifications involving extra costs // t?
will be executed only upon written order, and will become an extra charge Per /` ,i e,r' J - '1 lZt' 6 `?/t tL"1
over and above the estimate. All agreements contingent upon strikes, ac-
cidents, or delays beyond our control.
Note -This proposal may be withdrawn
by us if not accepted within /,S_ days.
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work
as specified. Payments will be made as outlined above.
Signature
Date Signature
- NC 3818-50 PROPOSAL
VERIFICATION
The foregoing Complaint is based upon information which has been gathered by counsel
and myself in the preparation of this action. I have read the statements made in this document
and they are true and correct to the best of my knowledge, information and belief. I understand
that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unsworn falsification to authorities.
----WJJ /?
RICHARD FUSER
Date: March 25 , 2008
KUSER HOME IMPROVEMENTS, INC., : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
DAVID A. PEFFLEY and NO. 2008 - 1734 CIVIL TERM
STEPHANIE J. PEFFLEY,
DEFENDANT
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, 111, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Mr. David A. Peffley
Ms. Stephanie J. Peffley
110 Maple Avenue
Camp Hill, PA 17011
IRWIN & McKNIGHT
zell 614 9---1
By: Marcus . Mc ght, III, Es
Attorney for A- tiff
Supreme Court I. #: 25
60 West Pomfret Stree
Carlisle, PA 17013
(717) 249-2353
Date: March 25, 2008
6
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LAW OFFICES STEPHEN C. NUDEL, PC
Stephen C. Nudel, Esquire
Attorney ID #41703
Bret Keisling, Esquire
Attorney ID #201352
219 Pine Street
Harrisburg, PA 17101
(717) 236-5000
KUSER HOME IMPROVEMENTS, INC.,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
PENNSYLVANIA
DAVID A. PEFFLEY and
STEPHANIE J. PEFFLEY,
Defendants
NO. 2008-1734 CIVIL TERM
CIVIL ACTION -LAW
ANSWER AND COUNTERCLAIM
AND NOW come Defendants, David A. Peffley and Stephanie J. Peffley, by and
through their attorneys, Law Offices Stephen C. Nudel, PC, and Bret Keisling, Esquire,
and avers the following in support of its Answer:
1. Admitted.
2. Admitted.
3. Admitted in part and denied in part. It is admitted that the parties entered
into an Agreement for work to be performed at Defendants' home. Further, the
Agreement attached to Plaintiff's Complaint as Exhibit "A" is a written document, which
speaks for itself. However, it is denied that the Contract attached as Exhibit "A"
1
accurately reflects the Agreement between the parties because at various times during the
course of Plaintiff's business relationship with Defendants, the Agreement was modified
by mutual consent of the parties.
4. Denied as stated. Defendants have paid Plaintiff a total of $7,513.33.
Further, it is denied that Plaintiff substantially completed work in a satisfactory manner.
5. Admitted in part and denied in part. It is admitted that Defendants
discussed with Plaintiff some of the items listed in Paragraph five, however, it is denied
that Defendants agreed to compensate Plaintiff for times and material for all of the items.
Further:
a. It is specifically denied that Defendants authorized Plaintiff to
insulate around the window jams or that Defendants agreed to
compensate Plaintiff for time and materials.
b. It is specifically denied that Defendants authorized Plaintiff to place
fiberglass insulation above the drop ceiling and remove old ceiling
tile or that Defendants agreed to compensate Plaintiff for time and
materials.
C. It is admitted that Plaintiff was to remove small wing wall by stairs
and reconstruct a taller wall. However, it is denied that this work
was performed in a satisfactory manner or completed or that
Defendants agreed to compensate Plaintiff for time and materials.
d. It is admitted that Plaintiff was to perform work related to the hall
track lighting in the suspended ceiling in the family room. However,
it is denied that Defendants and Plaintiff reached an agreement as to
compensation.
e. It is denied that Defendants authorized Plaintiff to charge a fee listed
a "Oak Park Fee."
f. It is admitted that Plaintiff was to repair outlets by the fireplace.
However, it is denied that Plaintiff was to be paid extra for said
2
work. By way of further answer, Plaintiff was to perform this work
in lieu of some items that were deleted from the original Contract.
g. It is admitted that Plaintiff performed work to wall outlets by
computer. However, it is denied Defendants authorized additional
payment for said work. By way of further answer, Plaintiff was to
perform this work to offset deletions to the original Contract.
6. The Complaint makes reference to an "Invoice 15" but does not attach said
invoice. Therefore, Defendants are without sufficient information to determine the
veracity of this pleading and such averment is therefore denied.
7. The Complaint makes reference to an "Invoice 17" but does not attach said
invoice. Therefore, Defendants are without sufficient information to determine the
veracity of this pleading and such averment is therefore denied.
8. It is specifically denied that Defendants authorized any fee known as "Oak
Park Fee."
9. As stated more fully above, it is denied that Defendants were to pay extra
for work at any wall outlets. By way of further answer, this work was to be performed to
offset changes to the original Contract between the parties.
10. It is denied that Defendants owe $240.00 for wall wing construction. By
way of further answer, Plaintiff failed to satisfactorily complete this work.
11. It is denied that Defendants owe Plaintiff $120 for an additional wall outlet.
This work was to be performed as substitute for work deleted from the original Contract.
12. Denied as a legal conclusion to which no response is necessary. By way of
further answer, the parties did not agree to a 10% interest charge.
13. It is specifically denied that Defendants owe Plaintiff $4,679.35. By way
of further response, interest is not owed under the Agreement. In addition, filing fees are
not provided for under the Agreement or statute. Additionally, the amount claimed by
Defendants as discussed more fully above is not a correct representation.
WHEREFORE, Defendants request this Honorable Court enter judgment in their
favor and dismiss Plaintiff's Complaint with prejudice.
COUNTERCLAIM: VIOLATIONS OF PENNSYLVANIA UNFAIR TRADE
PRACTICE CONSUMER PROTECTION LAW, 73 PA C S 4201-1 et seg
14. Paragraphs 1 through 13 are incorporated herein as if set forth at length.
15. Unfair trade practices are statutorily prohibited in Pennsylvania by the
Unfair Trade Practices Consumer Protection Law (UTPCPL). See 73 Pa.C. S. §201-1 et
seq.
16. Corporations such as Plaintiff are covered by the UTPCPL. See 73 Pa.C.S.
§201-2 (ii)
17. The UTPCPL prohibits "making repairs, improvements or replacements on
tangible, real or personal property, of the nature or quality inferior to or below the
standard of that agreed to in writing." See 73 Pa.C.S. §201-2 (xvi).
18. The UTPCPL also prohibits "representing that goods or services are of a
particular standard, quality or grade, or that goods are of a particular style or model, if
they are of another." See 73 Pa.C.S. §201-2 (vii).
4
19. Plaintiff agreed to perform all services under its Agreement with
Defendants in a satisfactory and workmanlike fashion. Plaintiff's work, however, was
substandard, and fell short of the standards agreed to by the parties.
20. Plaintiff's failure to perform its services in a workmanlike manner violates
the UTPCPL, 73 Pa.C.S. §201-2 (xvi) as quoted above.
21. Plaintiff made representations as to the quality of his services both prior to
and subsequent to the signing of the Agreement between the parties.
22. Plaintiff further made representations as to the quality of his services with
regard to changes in the work orders that were discussed between the parties.
23. The substandard work actually performed by Plaintiff was significantly
inferior to the quality represented by Plaintiff.
24. The failure of Plaintiff's work quality to satisfy the representations made by
Plaintiff violates the UTPCPL, 73 Pa.C.S. §201-2 (vii).
25. Plaintiff's substandard work performance as well as failure to meet
representations made by Plaintiff prior to and subsequent to the signing of the Agreement
between the parties, violates the UTPCPL, 73 Pa.C.S. §201-2 (xxi).
26. Plaintiff made representations as to the quality of work knowing that the
work quality was deficient, and said representations are deceptive under the UTPCPL, 73
Pa.C.S. §201-2 (xxi).
27. Private actions to enforce the UTPCPL are authorized under 73 Pa.C.S.
§201-9.2 (a). Defendants may be awarded up to 3 times actual damages sustained for
violations of the UTPCPL. Id.
28. The substandard work referenced above includes:
a) Failure to plumb walls;
b) Failure to correctly and appropriately mitre cut corners of
woodworking;
c) Failure to hang a drop ceiling correctly.
29. The UTPCPL also provides for an award of attorney's fees. Id.
WHEREFORE, Defendants respectfully request this Honorable Court enter
judgment in their favor on Defendants' Counterclaim and award them $22,539.99 plus
attorney's fees, costs, and whatever other such relief shall be deemed appropriate.
Respectfully submitted,
LAW OFFICES STEPHEN C. NUDEL, PC
Date: Apo 13a 21CIX16
4&epeEC?. Nudel, Esquire
Attorney ID #41703
Bret Keisling, Esquire
Attorney ID #201352
219 Pine Street
Harrisburg, PA 17101
(717) 236-5000
Attorneys for Defendants
6
VERIFICATION
I, David A. Peffley, verify that the statements in the foregoing document are true
and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to the penalties of
18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
Date: py- 30.-08
David A. Peffl y
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly served upon the
following, by depositing a copy of the same in the United States Mail, first-class postage
prepaid, at Harrisburg, Pennsylvania, as follows:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PA 17013
Date:
Bre ei ling, Esquire
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KUSER HOME IMPROVEMENTS, INC.,
PLAINTIFF
V.
DAVID A. PEFFLEY and
STEPHANIE J. PEFFLEY,
DEFENDANTS
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2008 -1734 CIVIL TERM
ANSWER TO COUNTERCLAIM
AND NOW comes the Plaintiff, KUSER HOME IMPROVEMENTS, INC., by and
through its attorneys, Irwin & McKnight, and makes the following Answer to the Counterclaim
of-the Defendants, DAVID A. PEFFLEY and STEPHANIE J. PEFFLEY, as follows:
14.
Paragraphs One (1) through thirteen (13) of the Complaint are incorporated herein as if
set forth above.
15.
The averments of fact contained in paragraph fifteen (15) of the Counterclaim are
admitted.
16.
The averments of fact contained in paragraph sixteen (16) of the Counterclaim are
admitted.
17.
The averments of fact contained in paragraph seventeen (17) of the Counterclaim are
admitted. It is admitted that the UTPCPL prohibits "making repairs, improvements or
replacements on tangible, real or personal property, of the nature or quality inferior to or below
the standard of that agreed to in writing." See 73 Pa.C.S. §201-2 (xvi). The Plaintiffs work
quality and performance met and exceeded the standards agreed upon prior and subsequent to the
the signing of the Agreement between the parties. Therefore the Plaintiff did not violate
UTPCPL, 73 Pa.C.S. §201-2 (xvi).
18.
The averments of fact contained in paragraph eighteen (18) of the Counterclaim are
admitted. It is admitted that the UTPCPL prohibits "representing that goods or services are of a
particular standard, quality or grade, or that goods are of a particular style or model, if they are of
another." See 73 Pa.C.S. §201-2 (vii). The Plaintiff's work quality and performance met and
exceeded the representations made to the Defendants prior and subsequent to the signing of the
Agreement between the parties. Therefore the Plaintiff did not violate UTPCPL, 73 Pa.C.S.
§201-2 (vii).
19.
The averments of fact contained in paragraph nineteen (19) of the Counterclaim are
specifically denied. On the contrary, the Plaintiff performed all work in a satisfactory and
workmanlike fashion. The Defendants made no representation of dissatisfaction with the quality
of workmanship until March 5, 2007. Payment for all contract work was made which implied
satisfaction by the Defendants.
20.
The averments of fact contained in paragraph twenty (20) of the Counterclaim are
specifically denied. On the contrary, the Plaintiff did not fail to perform services in a
workmanlike manner and did not violate the UTPCPL, 73 Pa.C.S. §201-2 (xvi). At the time the
Defendants registered complaints against the Plaintiff's work, it was well after their
woodworking contractor, Oak Park, completed their work. The Defendants allowed Oak Park to
continue and complete their work without first notifying the Plaintiff of any issues with his
previous work. The Plaintiff was denied the ability to remedy any issues raised prior to the
contractor, Oak Park, completing their work. The Defendants developed unreasonable
expectations that the Plaintiff should dismantle work completed by Oak Park to fix issues raised
with the Plaintiff's work. Therefore, the Plaintiff did not violate UTPCPL, 73 Pa.C.S. §201-2
(xvl).
2
21.
The averments of fact contained in paragraph twenty-one (21) of the Counterclaim are
admitted in part and denied in part. It is admitted that the UTPCPL prohibits "representing that
goods or services are of a particular standard, quality or grade, or that goods are of a particular
style or model, if they are of another." See 73 Pa.C.S. §201-2 (vii). The Plaintiff's work quality
and performance met and exceeded the representations made to the Defendants prior and
subsequent to the signing of the Agreement between the parties. It is denied that the Plaintiff
misrepresented the particular standard, quality or grade of his work. Therefore the Plaintiff did
not violate UTPCPL, 73 Pa.C.S. §201-2 (vii).
22.
The averments of fact contained in paragraph twenty-two (22) of the Counterclaim are admitted.
admitted in part and denied in part. It is admitted that the Plaintiff made representations as to
the quality of his services with regard to the changes in the work orders that were discussed
between the parties. It is denied, that the representation made by the Plaintiff prohibits
"representing that goods or services are of a particular standard, quality or grade, or that goods
are of a particular style or model, if they are of another." See 73 Pa.C.S. §201-2 (vii). The
Plaintiff's work quality and performance met and exceeded the representations made to the
Defendants to the changes in the work orders that were discussed between the parties.. It is
denied that the Plaintiff misrepresented the particular standard, quality or grade of his work.
Therefore the Plaintiff did not violate UTPCPL, 73 Pa.C.S. §201-2 (vii).
23.
The averments of fact contained in paragraph twenty-three (23) of the Counterclaim are
specifically denied. On the contrary, any work deemed substandard by the Defendant was minor,
but the Plaintiff was not given fair opportunity to properly warrant and fix any such
3
imperfections deemed unsatisfactory by the Defendants. The Defendants are attempting to hold
the Plaintiff responsible for imperfections in their home that the Plaintiff had no control over or
that were otherwise minor and of no issue to any reasonable contractor.
24.
The averments of fact contained in paragraph twenty-four (24) of the Counterclaim are
specifically denied. On the contrary, The Plaintiffs work quality and performance met and
exceeded the standards agreed upon prior and subsequent to the signing of the Agreement
between the parties. Therefore, the Plaintiff and did not violate UTPCPL, 73 Pa.C.S. §201-2
(vii).
25.
The averments of fact contained in paragraph twenty-five (25) of the Counterclaim are
specifically denied. On the contrary, the Plaintiffs work quality and performance met and
exceeded the representations made to the Defendants prior and subsequent to the signing of the
Agreement between the parties and did not violate UTPCPL, 73 Pa.C.S. §201-2 (xxi).
26.
The averments of fact contained in paragraph twenty-six (26) of the Counterclaim are
specifically denied. On the contrary, the Plaintiffs work quality and performance met and
exceeded the representations made to the Defendants prior and subsequent to the signing of the
Agreement between the parties. The Plaintiff was not deceptive in making representations as to
the quality of work. The Plaintiff did not make false representation nor deceptive claims in
reference to his work quality and performance. Therefore, the Plaintiff and did not violate
UTPCPL, 73 Pa.C.S. §201-2 (xxi).
4
27.
The averments of fact contained in paragraph twenty-seven (27) of the Counterclaim are
admitted. It is admitted that an award may be given of up to 3 times actual damages sustained
for violations of the UTPCPL 73 Pa.C.S. §201-9.2 (a). The Plaintiff has not violated the
UTPCPL and therefore, action should not be taken to enforce the UTPCPL.
28.
The averments of fact contained in paragraph twenty-eight (28) of the Counterclaim are
are specifically denied. On the contrary, the Plaintiff did not complete substandard work as
represented by the Defendant.
A. The Plaintiff demonstrated to the Defendant with a level that the
walls were properly plumbed. Further demonstration was made
by the Plaintiff that the Defendants had imperfect and
unplumbed walls due to previous remodeling or original
construction. The Plaintiff explained to the Defendant that he
was remodeling the area, not rebuilding. There were serious
defects in the wall that created problems with plumbing the
wall. It was determined by the Plaintiff that the original
construction of the wall was poor.
B. The only woodworking completed by the Plaintiff was on the
wing wall and the door "bump out" in the suspended ceiling.
The Plaintiff would have corrected the mitre cut corners to the
Defendants' approval but due to the Defendants' dissatisfaction
with other issues the Plaintiff was unable to fix the issue.
C. The Plaintiff did not fail to hang a drop ceiling correctly. The
drop ceiling was hung previously. The Plaintiff replaced panels
and shortened runners as needed.
29.
The averments of fact contained in paragraph twenty-nine (29) of the Counterclaim are
admitted in part and denied in part. It is admitted that the UTPCPL provides for an award of
attorney fees. It is denied that that attorney fees are warranted in this case.
5
WHEREFORE, the Plaintiff respectfully requests that the Counterclaim of the
Defendants be dismissed with costs paid to the Plaintiff, with reasonable legal fees and the entry
of judgment in favor of the Plaintiff in the amount of $4,679.35.
Respectfully submitted,
IRWINj& McKNIGHT
By:
Wrcus A. M ight, III, Esquire
preme Co TD. #: 25476
omfret Street
Carlisle, PA 17013
(717) 249-2353
Attorney for the Plaintiff
Date: July 3, 2008
6
VERIFICATION
The foregoing document is based upon information which has been gathered by counsel
and myself in the preparation of this action. I have read the statements made in this document
and they are true and correct to the best of my knowledge, information and belief. I understand
that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unsworn falsification to authorities.
t,?,oC
RICHARD KUSER, JR.
Date: JULY 3, 2008
KUSER HOME IMPROVEMENTS, INC., : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
DAVID A. PEFFLEY and NO. 2008 - 1734 CIVIL TERM
STEPHANIE J. PEFFLEY,
DEFENDANT
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Steven C. Nudel, Esq.
Bret Keisling, Esq.
219 Pine Street
Harrisburg, PA 17101
IRWIN & McKNIGHT
By: cu . McKnight, III, Esq.
orney Plaintiff
preme Co I.D. #: 25476
60-WWest mfret Street
Carlisle, PA 17013
(717) 249-2353
Date: July 3, 2008
7
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KUSER HOME IMPROVEMENTS, INC., : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
DAVID A. PEFFLEY and NO. 2008 - 1734 CIVIL TERM
STEPHANIE J. PEFFLEY,
DEFENDANT
STATEMENT OF INTENTION TO PROCEED y =.
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,
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Y "U
TO THE COURT: `J
Kuser Home Improvements, Inc., Plaintiff, intends to proceed with the abo ve-captioned
matter.
Respectfully Submitted:
IRWIN & McKNIGHT, P.C.
Marcu A. Mc II, Esq.
Supreme Court ID#25476
60 West Pomfret Street
Carlisle, PA 17013
Date: October 21, 2011
Kuser Home Tmprovempnt, Inc.
vs
David Peffley et al
To the Court:
The Plaintiff
Case No. 2008-17
Statement of Intention to Proceed
c-
-03.
intends to proceed w`th the abo captioned matter.
Print Name Marcus A. McKnight, III Sign Name
Date: October 21, 2014 Attorney for Plaintiff
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
I. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty -day period, subdivision (d)(3) requires that the plaintiff
must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty -day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.