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Home My WebLink About05-1006 West Long LLC 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 233-5051 JOHN BATZLER AND KAREN BA TZLER, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. IX:; - IDOla C;0~l~'tf2!rt Civil Action - Law v. MID-ATLANTIC SYSTEMS OF CPS, INC., tJa MID-ATLANTIC WATERPROOFING, Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to Sheriff. Respectfully Submitted, WEST LONG LLC Robert R. Long, Jr. 105 North Front Stree Suite 205 Harrisburg, PA 17101 (717) 233-5051 (717) 234-7517 - fax Dated: February 25,2005 Counsel for Plaintiff .iit~ ,.,.".",> ". /,,' .. f , .", :--Ji. .....,t l.' \~; ; ,'!'I',t rt't 1>.,.,,,.'" '~.~.'l \. '~.l , . . , . , ;'\ ~ -;"1 R , ":, 1- rc;) .0-1 "'.,',< 1l C~ L( RJ C> ..- -- ~ .. \;'"' \) - ~ J;;),:' C> v-, <>q b --...J 1:- Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN BATZLER AND KAREN BA TZLER, v. CASE NO. Df; - IODC- Civil Action - Law GuJ~02-~ MID-ATLANTIC SYSTEMS OF CPS, INC., tlaMID-ATLANTIC WATERPROOFING, Defendant WRIT OF SUMMONS TO: MID-ATLANTIC SYSTEMS OF CPA, INC., tJa Mid-Atlantic Waterproofing Corporate Offices 52 Grnmbacher Road York,PA 17402 Yon are notified that the above-named Plaintiffs have commenced an action against yon. Dated: fp-~ :l ~ ;)(){)...f' I "-~f<~~ Prothonotary L. (Seal) ~ West Long LLC 105 North Front Street Suite 205 Harrisburg, P A 17101 717 233-5051 Plaintiffs, IN THE COURT OF COMMON LEAS CUMBERLAND COUNtrY, PENNSYLVANIA JOHN BATZLER AND KAREN BATZLER, v. CASE NO. 05-]006 Civil Action - Law MID-ATLANTIC SYSTEMS OF CPS, INC., tfa MID-ATLANTIC WATERPROOFING, Defendant PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please reissue the writ of summons original1y issued on February 25,2005 in t e above- captioned action. Writ of Summons shal1 be issued and forwarded to Sheriff. Respectful1y Submitted, "VEST LONG LLC ~" Robert R. Long, Jr. ] 05 North Front Street Suite 205 Harrisburg, P A ] 7] 0] (717) 233-5051 (717) 234-7517 - fax Dated: March 29, 2005 Counsel for Plaintiff ,< \1 '.-1 ',' ''::h L0 c) f-""'J SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01006 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BATZLER JOHN ET AL VS MID-ATLANTIC SYSTEMS OF CPS R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent sea ch and and inquiry for the within named DEFENDANT , to wit: MID-ATLANTIC SYSTEMS OF CPS INC T/A MID ATLANTIC WATERPROO but was unable to locate Them in his bailiwick. He therefor deputized the sheriff of YORK County, Pennsylvani , to serve the within WRIT OF SUMMONS On April 18th , 2005 , this office was in receipt of t e attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 18.00 9.00 10.00 16.00 .00 53.00 04/18/2005 WEST LONG LLC So answe~ ____-;~:_::~'--//r'.'-:"~_ .... ~~.. R. Thomas Kline Sheriff of Cumberland /~~ _.--~-----_. '-;c._."" .--:.;:.....---- ~." County Sworn and subscribed to before me this dJ.- day of ~ ~~ )---A..D. r-/~~ ~~-~ COUNT.Y OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 S RVICE CALL 717) 771-9601 John Batzler et al 2 COURT NUMBER 05-1006 civil 4 lYPE Of WRIT OR COMP 1 THRU 12 COPES SHERIFF SERVICE PROCESS RECEIPT and AFFIDA VIT OF RETURN INSTRUCT PLI;~SE TYPE ONLY L DO NOT DETACH A 1 PLAINTiFF/Sf Mid-Atlantic Systems of CPS Inc t/a Mid-Atlantic Wa erproofing Writ SERVE { 5 NAME Of INDIVIDUAL. COMPANY, CORPORATION. ETe TO SERVE OR DESCRIPTION OF PROPERlY TO BE LEVIED, A ACHEO, OR SOLD ~ Mid-Atlantic S stems of CPS Ine t/a Mid-Atlantic Waterproofing ~ 6. ADDRESS (STREE.T OR RFO WITH BOX NUMBER. APT NO.. CITY. BORO, nw. STATE AND ZIP CODE) AT 52 Grumbaeher Road York, PA 17402 7 INDICATE SERVICE 0 PERSONAL o PERSON IN CHARGE DEPUTIZE IJCERT. MAIL U 'ST CLASS MAil U POS EO UOTHER NOW _March 2 , 20 ~ I, SHERIFF 8FWiit~8UNTY, PA, do hereby depu ize the sheriff of York . COUNTY to execute. tbilO-Wfi!Jl!)d,",ake return t~. ccording to law. This deputization being made at the request and risk of the plaintiff. .r'" ':;:::"'2.-:'cf;">,,,,;;.;~ '. /' . ':> SHERIFf 0 COUN 8. SPECIAL INSTRUCTIONS OR OTHER INFORMA TlON THAT WILL ASSIST IN EXPEDITING SERVICE Cumber an w.t1 (j) Thank you. INT SetA. of Sumnons 3 OEFENOANT/$1 Please mail return of service to Cumberland County Sheriff. NOTE: ONLy: ", OF EX AIVER OF WATCHMAN - Any deputy sheriff levying upon Of attaching any property under within Writ may leave same wttnout a watchman. jn custody 01 whomever is. nd in possession. aftet notifying person of levy or attachment wrthout liability on the part of such deputy or the s erift to any plaintiff hereto for any loSs. destruction. oc cemoval of any property before sheriff's sale thereof . 9. TYPE NAME and ADDRESS of A nORNEY I ORIGINATOR and SIGNATURE 10. TelEPHONE NUMBER 11, DATE fILE.D ~Oj ':-;'" LDnC JJ~: 105 f).. F:'-~OnT ST" ST~; 20S )ii1C P,"; 17101 233~"5051. 2,-,75.,,05 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BElOW (This area must be completed If notice is to be mailed) CUli;;:;~"; L.\IJU CO ~)H,j'~E IFF SPACE BELOW FOR USE OF THE StIERFF 13. r acknow\edge receipt of the writ Of COmplaint as indiccUed above. DO NOT WRI1'E BELOW TtIS l.INE 14. DATE RECEIVED T::" l\n:::~us -:; ~'. ') .. ,~. r:; 16 HOW SERVED PERSONAL ( RESIDENCE ( ) POSTED ( ) POE( ) SHERiff'S OffiCE ( ) OTHER ( 11 ereby ceroty and relucn a NOT FOUND because I am unable to locate the individual. company, etc, named above. (See rernal1l:s below) 18 E AND TITLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOV\IN ABOVE (R1!Iabonship 10 Defendant) 19 Date of Service 2 Time of ServIce 3-15-05 f'-\ ~~ . w-d-h 'Cwo ./;).Q.l/v'-L Ct \f\~")V '-H~4) Advance Costs M'FIRMEO and SU~ri~d ;t9; ~or~":,~ this :' tr' ,..",i,h:,'Cn'.2l\:l(;;:4J '... "..,,~" ~/ .::;.. "Jo!YlJ:c Yo "':::~~~YINOT RY~ \;-."'" /,,) /',;' ,-', ..... Signatureol Dep, Sheriff 46. Signature of York CountySheri1f 1?JIJJT,',.; I ... 48, Signature or Foreign County Sheriff N IGNATURE ;-,,..\<' ............-- :: ') 49"D TE - , It: DATE RECEIVED lITE -ISSUi~Authofrty 2, PINK. Attofney 3, CANARY - Sheriff's Office 4. BLUE. Sheriff's Office West Long LLC 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 233-5051 Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN BA TZLER AND KAREN BA TZLER, v. CASE NO. 05..1006 Civil Action - Law MID..ATLANTIC SYSTEMS OF CPS, INC., tla MID-ATLANTIC WATERPROOFING, Defendant PRAECIPE TO REISSUE WRIT OF SUMMONS THE PROTHONOTARY OF SAID COURT: Please reissue the writ of summons originally issued on February 25,2005 (copy bttached) in the above-captioned action. I , \ Respectfully Submitted, WEST LONG LLC . ROBERT R. LONG, J P A Attorney ID#3930 105 North Front Street, Suite 205 Harrisburg, PAl 7 I 0 1 (717)233-5051 (717)234.. 7517 (Fax) D~ted: April 29, 2005 Counsel for Plaintiff \\1 est Long LLC HI:; honb Front Suecr Sum 205 Harrisburg, PJ\ 17101 ('71~ ~o 0 -OSl I I). _.D-~ . , JpHi'i BATZLER A,,1]) I~AREN BATZLER, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CASE NO. OJ: - (ODb Civil ActiDn - Law i ~ID-ATLANTIC SYSTEMS OF C. S, INC., t/a MID-ATLANTIC V,ATERPROOFING, , . Defendant PRAECIPE FOR WRIT OF SUMMONS rq THE PROTHO"lOTARY OF SAID COURT: 0, r <-,-., Ltu; l (~~ Please issue a writ of summons in the above-captioned action. Writ of Summons shall be i issfcd and forwarded to Sheriff I , Respectfully Submitted, WEST LONG LLC Robert R. Long, Jr. 105 North Front Stree Suite 205 Harrisburg, PA ] 710] (717) 233-505] (717) 234-7517 - fax Date~: Febmary 25,2005 1 Counsel for Plaintiff .JOHN BATZLER M.m KARE!\ BA TZLER, Plaintiffs, Il\: TH.E COURT OF COMMON PLEAS CUMBERLAND COU;"TY. PENNSYLVANIA Y. CASE NO. Ciyil Action - Law MID-ATLANTIC SYSTEMS OF CPS, D'-iC., t/a MID-ATLANTIC o/A TERPROOFING, Defendant WRIT OF SUMMONS TP: MlD-ATLANTIC SYSTEMS OF CPA, INC., tla Mid-Atlantic Waterproofing Corporate Offices 52 Grumbacher Road York, PA 17402 You are notified that the above-named Plaintiffs have commenced an action against y+ Dat~d: C2 I;) -5- IDS I / ef<7~ ~. '4- Prothonotary (Seal) j , )j-- ( ..... R." tJ...:;>. d... ~~'~Z. >., ~'.":e....i::?' -.9, ..>. ~2-g-- . / .~..."'"'f'. (~ .""~. ~.,."__U AJ!_ f.\:... ',,_., ,~,,,,,,...~_ ~ - - ,..., = c:::-.. U' ~;~ :'C';:. -< o -n .~ ~ ..,.'~." { Dr;::; ~::' I 1''' -"0 :s; ':: <.r' <..r) - .. CASE NO: 2005-01006 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHERIFF'S RETURN - OU~_OF COUNTY . , BATZLER JOHN ET AL VS MID-ATLANTIC SYSTEMS OF CPS R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MID-ATLANTIC SYSTEMS OF CPS INC T/A MID ATLANTIC WATERPROO but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On June 2nd , 2005 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing Out of County Surcharge Dep Philadelphia 18.00 9.00 10.00 116.00 .00 153.00 06/02/2005 WEST LONG LLC So an~~~::;::~.,:::=~~~:::~ _.~..;:=~~~~~ /~~ ,,/-- -;..,..-,----------- -:;;~--- R.' Thomas Kli "e Sheriff of Cumberland County Sworn and subscribed to before me this F!:: day of rJ... hr;,( A.D. C1'f'< Q-/n,;p,,) ~ Prothonotary , . . ~ . 'I~ Thl~ Court of ComJIlon.Pleas of C~mberland County, Pennsylvania John Batz1er et al VS. Mid-Atlantic Systems of CPS rnc t/a Mid-Atlantic Waterproofing No. 05-1006 civil Now, March 31, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~ /../;/:? .r ,,.~.,..~<: '1r-::.~..(1' Sheriff of Cumberland County, PA nO)1 . Affidavit of Service at ryp;il dJ- ~11A/YY\ UYJ5 li d . YI~( JL ~k()1(, \ 'S IS \) \tJr/l.k-l- 9- ~ \;10/\ - SD (01 UJ , 20 D6, at 0; Y!0t' o'clock -fh- M. served the Now, within ))1e. CTr upon by handing to a copy of the original and made known to the contents thereof. * Vlb (CJCaoc1 ~ () (Q7Y()X1I1J Ii) rfJ- So answers, !It~~~fP~~ ~~t!:;:r Y6h~ froc<,s( ::irvt...- Sworn ~bscribed efore me this day of COSTS SERVICE , 20~ MILEAGE AFFIDAVIT eoMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SUSAN LROSENFELD, Notary Public City of PhiladelPhia. Ph/fa COunty My Commissllm Expircs March 11, 2008 $ $ CQ'GI~AL James J . West, LLC 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 233-5051 JOHN BATZLER and KAREN BATZLER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. Docket No. 05-1006 MID-ATLANTIC SYSTEMS OF CPA, INC., t/a MIDATLANTIC WATERPROOFING, Civil Action - Law Defendants 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 SHOUW 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 LAWYER REFERRAL SERVICE 32 South Bedford Stteet Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 vs. Docket No. 05-1006 James J . West, LLC 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 233-5051 JOHN BA TZLER and KAREN BATZLER, : IN TIIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs MID-ATLANTIC SYSTEMS OF CPA, INC., t/a MIDATLANTIC WATERPROOFING, Civil Action - Law Defendants NOTICE USTED HA smo DEMANDADO A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las suguientes paginas, debe tomar accion dentro de los proximos veiinte (20) dias despues de la notificacion de esta Demanda y A viso radicando personalmente o por medio de un abogado una comoparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en entra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. U sted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBEllEV ARESTEDOCUMENTO A SU ABOGADO IMMEDIA TAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAME 0 VA YA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR AS1STENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 MID-ATLANTIC SYSTEMS OF CPA, INC., t/a MIDATLANTIC WATERPROOFING, Civil Action - Law James J . West, LLC 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 233-5051 JOHN BATZLER and KAREN BA TZLER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. Docket No. 05-1006 Defendants COMPLAINT COME NOW Plaintiffs, John and Karen Batzler, and file this Complaint and in support thereof, aver the following: Jurisdiction and Venue 1. Jurisdiction over the parties in this matter is proper in the Courts of Pennsylvania pursuant to the provisions of 42 Pa. C.S.A. ~530, et seq. 2. Venue is proper in the Court of Common Pleas for Cumberland County under Rules 1006(b) and 2179(a) of the Pennsylvania Rules of Civil Procedure, in that Defendants regularly conduct business in Cumberland County. Further, the property at issue is located in Cumberland County. Parties 3. Plaintiffs, John Batzler and his wife, Karen Batzler, are adult individuals and citizens of the Commonwealth of Pennsylvania residing at 300 South 22nd Street, Camp Hill, P A 17011. -2- 4. Defendant Mid-Atlantic Systems of CPA, Inc., t/a Mid-Atlantic Waterproofing is a Pennsylvania business corporation with corporate offices 185 Second Street, Highspire, P A 17034. 5. At all times relevant to this Complaint, Defendant was doing business in Pennsylvania and was providing home and basement waterproofing/water management systems, including the system provided to the Plaintiffs. 6. At all times relevant to this Complaint, Defendant was acting through its agent, broker, servants, workmen, contractors, and employees who were acting within the scope of their authority, in furtherance of Defendant's business and within Defendant's control or right of controL Nature of Action 7. The Plaintiffs bring this action against Defendant for, inter alia, breach of contract, violation of the Unfair Trade Practices and Consumer Protection Law, intentionally and negligently misrepresenting the nature of the services to be rendered, negligently supplying information, and breach of implied warranties of fitness for purpose and merchantability. Pertinent Facts 8. On or about July 23, 2002, the Defendant's representative, Lon Brankovich, visited the Plaintiffs, informed them that he was a structural engineer who usually did industrial applications, but had been sent by his boss to review the Plaintiffs' problem because his boss wanted this matter handled quickly. He indicated to the Plaintiffs that he could provide them with an $18,450.00 waterproofing/water management system for $13,994.00 if they signed an agreement to do the work that very day and allowed a small sign indicating who was doing the work placed in their front yard andy that they would provide a letter of recommendation upon completion of the job. 9. On or about July 23, 2002, Plaintiffs entered into a written contract with Defendant for the installation of a basement waterproofing/water management system and related construction work -3- consisting of reinforcing a bulging foundation wall to fortify Plaintiffs' basement foundation and to waterproof the interior areas of Plaintiffs' basement. 10. Plaintiffs paid the amount of $13,994.00 in accordance with the terms of the contract. The contract is attached hereto and made a part hereof as Exhibit 1. 11. Defendants commenced work to install what it termed a basement waterproofing/water management system, but which subsequent to the installation and payment and after further water infiltration into the basement, the Plaintiffs discovered that the Defendant's plan to waterproof the Plaintiffs' basement would never be adequate. 12. The waterproofing/water management system that was installed by Defendant was an interior drain-style system as described in the contract. 13. This system included removing approximately 12" of the concrete basement floor along the interior of all four basement foundation walls. 14. The block cores at the base of the foundation walls were then drilled and bled of any water. The bleeder holes were then left in place to allow any water that penetrated to the outside face of the concrete block walls to drain through the hollow cores of the wall and bleed out at the base of the wall. 15. As a result of the failed system, the Plaintiffs retained a structural engineer to perform an inspection and evaluation of the waterproofing/water management system that was installed by Defendant. 16. The structural engineer concluded that the waterproofing/water management system installed by Defendant was inadequate and was not waterproofing the basement as intended. The structural engineer also concluded that the type of interior drain system installed by Defendant is not recognized by any of the building codes typically used in the area where Plaintiffs reside, including the -4- International Building Code, the Building Official and Code Administrators National Building Code, and the Council of American Building Officials One and Two Family Dwelling Code. 17. The Plaintiffs contracted with Defendant with the expectation and reliance on Defendant's representations that its waterproofing/water management system would waterproof their basement and would remedy any further leaking, and further, with the assurance that they would have and secure Defendant's lifetime warranty and guarantee that the basement area would be waterproofed and would remain dry thereafter 18. Following the completion of Defendant's initial work to remedy the wet conditions, water infiltration continued into the basement through walls and various other points of the basement. 19. Thereafter, Defendant dispatched workers on atleast six (6) separate occasions to the Plaintiffs' home in a purported effort to remedy the ongoing water infiltration problems. Defendant's efforts to remedy the situation were unsuccessful. 20. During a recent inspection, an employee of Defendant stated that the waterproofing/water management system was improperly installed by Defendant. Defendant's failure to effectively and adequately deliver the goods and services for which the Plaintiffs contracted constituted a breach of the terms and conditions of the contract and wartanties thereunder. 21. Defendant also violated the Pennsylvania Unfair Trade Practices and Consumer Protection Law codified at Title 73, Pa. C.S. ~201-1, et seq. by undertaking certain unfair methods of competition and unfair and deceptive acts and practices, including, but not limited to, Defendant's failure to comply with the terms of its written guarantee and wartanties given to the Plaintiffs prior to at and after a contract for the purchase of goods and services in Pennsylvania; by making repairs, improvements, or replacements on tangible real or personal property of a nature or quality inferior to or below the standard of that agreed to in writing; engaging in deceptive contact which creates a -5- likelihood of confusion or misunderstanding by making repeated visits to ostensibly repair a system which was improperly installed and which Defendant knew or should have known had been improperly installed. 22. After several failed attempts to make the system work, Plaintiffs formally requested a written plan of additional remedial action detailing the scope and timing of work which would be undertaken by Defendant to rectify all of the water infiltration and dampness problems in the Plaintiffs' basement. 23. The Plaintiffs were hopeful that Defendant could remedy these conditions. For that reason, the Plaintiffs were willing to meet with Defendant representatives for the inspection of the basement premises in early 2004. Following that inspection, Defendants proposed to replace 63' of duel pressure relief system and to take other action as a solution to the continuing water infiltration problems. 24. Before agreeing to the proposed solution, the Plaintiffs elected to secure the services of an independent professional engineer to determine whether Defendant's additional proposed work would correct the water infiltration problems. 25. The report which was prepared and certified by a licensed professional Pennsylvania engineer concluded that the work, as performed by Defendant at the Plaintiffs' residence, is not functional and is inadequate. The report concluded that the interior-style drain system that was installed by Defendant does not address the actual problem of water penetrating the foundation wall, but instead, provides a collection system for the water that enters the basement. 26. The report also concluded that this type of interior drain system does not meet typical building code requirements. 27. The report also concluded that the waterproofing/water management system installed -6- by Defendant continues to be inadequate and is not waterproofing the basement as intended. 28. The report also concluded that the additional mirror drain that was installed by Defendant as a remedial measure is also non-functional and was inadequately installed. 29. The report noted that the structural repairs made by Defendant were inadequate to structurally reinforce the basement walls as evidenced by continued inward movement and re-cracking of that wall. 30. The report concluded that further structural repair to the basement wall is required. 31. Based on the inadequate initial and remedial work performed by the Defendant and subsequent failure to come up with any new approach to fix the system, the Plaintiffs lost all confidence and had no reasonable belief that Defendant can or could properly and successfully remediate the water infiltration in general wet conditions of the basement as warranted by its contract. COUNT I BREACH OF CONTRACT 32. The averments set forth in the preceding paragraphs are incorporated herein by reference as if fully set forth herein. 33. On or about July 23, 2002, Plaintiffs entered into an agreement with Defendant in which the Defendant would install a waterproofing/water management system in Plaintiffs' basement and make other structural repairs. 34. The Plaintiffs paid the amount of $13,994.00 to Defendant as part of that agreement. 35. Defendant breached this agreement and has failed to provide adequate and effective remedial measures. 36. Defendant negligently, knowingly, recklessly and improperly installed the waterproofing/water management system. As a proximate result of the Defendant's breach of the -7- agreement, the Plaintiffs have been damaged in an amount to be determined plus interest at the statutory rate from the date of the breach and further, as a proximate result of Defendant's breach, Plaintiffs have been damaged in the amounts, as follows: 37. As a direct and proximate result of the breach of contract, the Plaintiffs have been damaged. Plaintiffs damages include, but are not limited to: (a) Loss of $14,000.00 initially spent by Plaintiffs for waterproofing/water management servtces; (b) Loss of personal property in an amount exceeding $2,000.00; (c) Continued water seepage into the Plaintiffs' basement and continued movement of the foundation wall; (d) Continued expenditure of time; and (e) Continued monetary loss spent to try and remedy the Plaintiffs' basement water problems, attorneys' fees and costs, and the cost of securing an expert engineering report. WHEREFORE, the Plaintiffs demand judgment in their favor against the Defendant in an amount to be determined, together with compensatory damages, costs, interest, and such further relief as the Court deems just and proper. COUNT II FRAUD/INTENTIONAL MISREPRESENTATION 38. The averments set forth in the preceding paragraphs are incorporated herein by reference as if fully set forth herein. 39. Defendants intentionally, recklessly, and fraudulently misrepresented known material facts to the Plaintiffs, thereby causing the Plaintiffs to act and rely upon those facts in entering into an agreement to purchase the Defendant's system of basement waterproofing/water management. 40. The facts which the Defendants fraudulently misrepresented ate oudined in the -8- preceding paragraphs and include, but ate not limited to, the following: (a) The system that the Defendant was offering to install would be installed correctly, in a manner that would result in the walls and floor of their basement remaining dry; (b) The system that the Defendant was offering to install would manage and direct water away from the walls and floor of the basement of the Plaintiffs' residence; (c) The system that the Defendant was offering to install would render the basement floor and walls dry and the covered area of their residence safe and habitable for the Plaintiffs and their fatuily members; (d) The system that the Defendant was offering to install would cure the water problem in the basement to such a degree that it would allow the basement to be finished with drywall and carpet; and (e) That if the Plaintiffs signed the conttact immediately, they would receive a substantial discount on the true value of the system being sold by the Defendant, when in truth and fact, said system as installed by the Defendant, had no value and was worthless. 41. These representations were made by Defendants with the intention of misleading Plaintiffs into relying upon them, in that the Defendants intended to induce Plaintiffs to pay for a system which Defendants did not install adequately, was not fit for the purpose represented, and which would ultimately be worthless. 42. Defendants made these representations falsely, with knowledge of their falsity or recklessly as to whether they were true or false. 43. Plaintiffs justifiably relied on the information provided by the Defendants in determining whether to purchase the system from the Defendant. 44. Plaintiffs' damages were proximately caused by Defendant's misrepresentations regarding the waterproofing/water management of Plaintiffs' basement. 45. Plaintiffs reasonably and justifiably relied on the representations made by the Defendant who purported to be experts in the basement waterproofing/water management industry, and if they had known the Defendant's system was not going to be adequate from the beginning, they would not -9- have invested their initial $14,000.00 for the Defendant's substandatd waterproofing/water management servlces. 46. As a direct and proximate result of the fraudulent misrepresentations and omissions of material facts, the Plaintiffs have been damaged. Plaintiffs' damages include, but ate not limited to: (a) Loss of $14,000.00 initially spent by Plaintiffs for waterproofing/water management semces; (b) Loss of personal property in an amount exceeding $2,000.00; (c) Continued water seepage into the Plaintiffs' basement and continued movement of the foundation wall; (d) Continued expenditure of time; and (e) Continued monetary loss spent to try and remedy the Plaintiffs' basement water problems, attorneys' fees and costs, and the cost of securing an expert engineering report. WHEREFORE, the Plaintiffs demand judgment in their favor against the Defendant in an amount to be determined, together with compensatory damages, costs, interest, and such further relief as the Court deems just and proper. COUNT III NEGLIGENT REPRESENTATION 47. The averments set forth in the preceding paragraphs ate incorporated herein by reference. 48. The Defendant made representations to Plaintiffs regarding the ability and qualifications of the Defendant in providing basement waterproofing/water management services. 49. These representations were material to the Plaintiffs' decision to purchase the services of the Defendant in that the Plaintiffs would not have retained the services of Defendant had they known of the Defendant's ineptness and that the system installed would ultimately be useless and -10- worthless. 50. When these representations were made to Plaintiffs, Defendants knew or had reason to know that they were not truthful and accurate. 51. Defendants failed to exercise reasonable cate and competence in assessing, evaluating, and attempting to waterproof Plaintiffs' basement. 52. These representations were made by Defendants with the intention of inducing Plaintiffs into relying and acting upon them, in that the Defendants intended to induce Plaintiffs to purchase their system. 53. Plaintiffs justifiably relied upon these misrepresentations in that Plaintiffs relied upon the only information available to them and provided by the Defendants in determining the qualifications and suitability of the Defendant. 54. Plaintiffs suffered damages, as detailed in preceding patagraphs, as a proximate result of its reliance upon Defendant's misrepresentations, in that Plaintiffs would not have purchased the Defendant's system. 55. As a direct and proximate result of the Defendant's misrepresentations, Plaintiffs have been damaged. Plaintiffs' damages include, but ate not limited to: (a) Loss of $14,000.00 initially spent by Plaintiffs for waterproofing/water management semces; (b) Loss of personal property in an amount exceeding $2,000.00; (c) Continued water seepage into the Plaintiffs' basement and continued movement of the foundation wall; (d) Continued expenditure of time; (e) Continued monetary loss spent to try and remedy the Plaintiffs' basement water problems, attorneys' fees and costs, and the cost of securing an expert engineering report. WHEREFORE, Plaintiffs demand that this Court enter judgment in their favor and against Defendants in an amount to be determined, together with compensatory damages, interest, costs, and such further relief as this Court may deem just and proper. COUNT IV VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 73 P.S. $201-1, et seq. 56. The averments set forth in the preceding patagraphs ate incorporated herein by reference. 57. Defendants engaged in a series of unfair and deceptive acts and practices directed against the Plaintiffs under Pennsylvania's Unfair Trade Practices and Consumer Protection Law, 73 P.S. ~201- 1, et seq. 58. These unfair and deceptive acts and representations are outlined in this Complaint's foregoing paragraphs, which ate incorporated herein by reference. 59. Defendant concealed and failed to disclose known workmanship defects to Plaintiffs. 60. Defendant made these misrepresentations with the intention of inducing Plaintiffs to reply upon them, in that Defendants intended to induce Plaintiffs to purchase Defendant's system. 61. Plaintiffs reasonably and justifiably relied on the misrepresentations made by Defendants who purported to be qualified in the field of basement waterproofing/water management systems, and if Plaintiffs had known the truth, Plaintiffs would not have retained Defendant's services or purchased their system. 62. Defendant's misrepresentations and failure to disclose material facts to Plaintiffs proximately caused damage to Plaintiffs as detailed in the preceding paragraphs. 63. As a result of Defendant's unlawful acts, Plaintiffs suffered an ascertainable loss of -11- money and real property value. 64. As a direct and proximate result of the Defendant's misrepresentation of its ability and knowledge about waterproofing/water management basements, Plaintiffs have been damaged. Plaintiffs' damages include, but ate not limited to: (a) Loss of $14,000.00 initially spent by Plaintiffs for waterproofing/water management services; (b) Loss of personal property in an amount exceeding $2,000.00; (c) Continued water seepage into the Plaintiffs' basement and continued movement of the foundation wall; (d) Continued expenditure of time; (e) Continued monetary loss spent to try and remedy the Plaintiffs' basement water problems, attorneys' fees and costs, and the cost of securing an expert engineering report. 65. Plaintiffs are entitled to treble damages in the discretion of the Court under the Unfair Trade Practices and Consumer Protection Law, 73 P.S. ~201-9.2, et seq., and this would be an appropriate case for the maximum damages allowed by law given the conduct of Defendants. 66. Plaintiffs ate entitled to attorney fees and costs pursuant to 73 P.s. ~201-9.2. WHEREFORE, Plaintiffs demand that this Court enter judgment in their favor and against Defendant in an amount to be determined, together with compensatory damages, interest, costs and such further relief as this Court may deem just and proper. COUNT V INFORMATION NEGLIGENTLY SUPPLIED FOR THE GUIDANCE OF OTHERS RESTATEMENT (SECOND) $552 67. The averments set forth in the preceding patagraphs ate incorporated by reference as though fully set forth. 68. The Defendant, in the course of its business and while engaging in a ttansactionin which -12- -13- it had a pecuniary interest, supplied false information to the Plaintiffs as outlined above concerning the ability of its system to operate in such a manner that it would make the basement area of the Plaintiffs' home free from water in the walls and floor area and otherwise improvable and habitable. 69. The Defendant failed to exercise reasonable care and competence in obtaining and communicating the above information to the Plaintiffs. 70. The Plaintiffs justifiably relied upon and believed in the truthfulness and accuracy of the information being provided by the Defendant. 71. As a direct and proximate result of the Defendant's negligently provided information, the Plaintiffs have been damaged. Plaintiffs damages include, but ate not limited to: (a) Loss of $14,000.00 initially spent by Plaintiffs for waterproofing/water management semces; (b) Loss of personal property in an amount exceeding $2,000.00; (c) Continued water seepage into the Plaintiffs' basement and continued movement of the foundation wall; (d) Continued expenditure of time; (e) Continued monetary loss spent to try and remedy the Plaintiffs' basement water problems, attorneys' fees and costs, and the cost of securing an expert engineering report. WHEREFORE, the Plaintiffs demand judgment in their favor against the Defendant in an amount to be determined, together with compensatory damages, costs, interest, and such further relief as the Court deems just and proper. COUNT VI BREACH OF IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE 72. The averments set forth in the preceding patagtaphs ate incorporated by reference as though fully set forth. -14- 73. The Defendant held itself out as an expert in the waterproofing/water management business and knew the exact purpose for which the Plaintiffs were purchasing the Defendant's waterproofing/water management system and was fully awate that the Plaintiffs were totally relying on the Defendant to install a system which met their needs and effectively managed and removed water from their basement rendering it habitable, thereby impliedly warranting to the Plaintiffs that their system would, in fact, be suitable to the Plaintiffs' needs. 74. The Defendant produced a system which did not manage and remove the water from the Plaintiffs' basement and breached the implied warranty of fitness for a particular purpose. 75. As a direct and proximate result of the Defendant's breach of the implied warranty of fitness for a particular purpose, the Plaintiffs have been damaged. Plaintiffs' damages include, but ate not limited to: (a) Loss of $14,000.00 initially spent by Plaintiffs for waterproofing/water management semces; (b) Loss of personal property in an amount exceeding $2,000.00; (c) Continued water seepage into the Plaintiffs' basement and continued movement of the foundation wall; (d) Continued expenditure of time; (e) Continued monetary loss spent to try and remedy the Plaintiffs' basement water problems, attorneys' fees and costs, and the cost of securing an expert engineering report. WHEREFORE, Plaintiffs demand that this Court enter judgment in their favor, and against the Defendant, in an amount to be determined, together with compensatory damages, interest, costs, and such further relief as the Court may deem just and proper. COUNT VII BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY 76. The averments set forth in the preceding paragraphs are incorporated by reference as though fully set forth. 77. Defendant impliedly wartanted that their waterproofing/water management system would be functional. 78. The Defendant's waterproofing/water management system was not functional and the Defendant thereby breached the foregoing Wartanty of merchantability. 79. As a direct and proximate result of the Defendant's breach of the implied Wartafity of merchantability, Plaintiffs have been damaged. Plaintiffs' damages include, but ate not limited to: (a) Loss of $14,000.00 initially spent by Plaintiffs for waterproofing/water management servtces; (b) Loss of personal property in an amount exceeding $2,000.00; (c) Continued water seepage into the Plaintiffs' basement and continued movement of the foundation wall; (d) Continued expenditure of time; (e) Continued monetary loss spent to try and remedy the Plaintiffs' basement water problems, attorneys' fees and costs, and the cost of securing an expert engineering report. WHEREFORE, Plaintiffs demand that this Court enter judgment in their favor, and against the Defendant, in an amount to be determined, together with compensatory damages, interest, costs, and such further relief as the Court may deem just and proper. *** -15- Conclusion For the reasons set forth above, Plaintiffs pray that this Honorable Court enter judgment in favor of Plaintiffs and against Defendant on the foregoing Counts for the full amount of Plaintiffs' damages in connection with their retaining the basement waterproofing/water management services from the Defendant, plus interest, costs, and attorney's fees, and grant such other and further relief as this Court may deem just and equitable. Respectfully submitted, Dated: July 19, 2006 est, Esquire pre ourt I.D. 331 105 North Front Street Suite 205 Harrisburg, PA 17101 Telephone: 717.233.5051 Facsimile: 717.234.7517 Attornry for Plaintiffs -16- Dated: 7 / 1'0 I ,2006 JO#-~ VERIFICATION I, John Batzler, hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. eX~jblf 1 . CONTRACT MID-ATLANTIC SYSTEMS OF CPA, INC. till Mid-~t1llntic WIl'Il,prooflng ~of~lbrpurpolltoftbbCoonct-(c:bDakoalyOM): $I(lorporo1cOffice. (717)~0<) 027 Eul8_S_ 183__ (8OO)m-6292 _.....PAI82QI jIlgbspIre, PA 17034 (71?) ~Q8 FAX (37Q) 4l4-6613 23 (J~o1 J u lyr " . .~betwemMld-AtlanticW~md: ";' . . '. ,I ' ani: 1"NlI/hjf771~,(..... 7/7-"7,7-Br8(JS _7/7 -'7;7- ,/9.,(" 5,~;J"; .,;;'.,.",r 1\1" (11",& JlIII ..... ri6 ..1 JobSlft ~"" <>hnr CIty Stalil! ZIp "'''CooUal:t'' CODJioIs oflbls ColIltol:l, the T.rmSllndCOllditions on lbo....... oflhis Coo.... ood tlIlY ~(.) - to lhis ~ In cius CoolIacl, Mill-AtIaotic will \lereferred to.. "CooUactor" ood you will \le refemd to.. "You" or "OWner. You ood CooInctol'..U1too<Iing to be IepIIy bound, _.. follows: . . !e,l' . 1'ERMS QF TIUS AGRJEMENT AIIU OWNER IlBQVUJ'llTO BEllEltVlCEI> .,. eomro-- - to tUmish all..-iels, labor ood 1 "" o<pnp...n'lICC0888IY to ....... aoJIIor n:ditect _ getting ioIo the promises of Owner idmtiliecl.. the Job Silo.~ (".....iscs'1, .. _fuIlyde.aibedbelowandioonyAddebdatolhisCootract(the : ~-:)5" <<-.---.. .;" . "Worl<'1. 1jil_W~I(.) t1ll1ahf.WllI(l) ToulF_ ,. ,""",W_ .:J(J.2 Ft. . ( ~ ,1 ~. f' J'idlwW.bI". "wWw.~toIII "TbII coDnct..... bItD 1bII -) ~. h .. I,) -/1 :;SOt? -- ApproximaleStartOale 3-1,., 30./)",,<, I ApproxlmsleCon>plelionOale 2, to 1'0 'Dily( (<I ~ I ~-m~,. (?t'. 4lI/Jl)_~_~J.'''ft /IS"''''JrSIrP MID-A'i'LAN'nC IS INSURED AGAINST . C. . GENERAUP\JBLIClJABlLlTY ANDTQ THE FULLJST ! EXTl!NT REQlllRED BY LAW FO~ WQ~KER'S COMPENSATION. METHOD OF PA YMENT"(Pleosoch~ ...) A.~) Unpaid Boleocc Caob DO Completion B. ( ) Unpeid!llllaoce to be Iioonced by . third party - roTALPRlCE OF WORK ANI)()TIIE~ CllAaGES: ,t S /3. 99'1." ("TotalPric~") \,;<. 3. Total price ~''-", Ma&metofPaymem: Caob Down Payment: Caobto \le peid OIl completioo ofWodc /3 99'1.0'> - O-..(D s I? 9'1tfr 6.... 't U,/,.' fno.... ", 1. Price ofWorl< (iocludio& taxes) S 2. Other chor1les iocludio&lIl1OUOls peid III I.. others on your _If S S I.~ .. .,....., S NOTICt:: ANY HOLDER OF THIS CONTIlACT IS SUBJECT TO ALL Ct.AIMS AND llt:FENSIlS WHICH THE OWNER COULl) ~T AGAINst. CONTRACTO. R. MCOVIlRY BY I ~~ QIlANY SII()C1ISSOROf OWNBIlUNIlER THIS : .. COI'IIIlACTSllALLN\1fEXCUDAMOUNTSTOBEPAID i" BY THE OWNE~ ~DEa THIS CONTllACT. ~ Up /7n/1 ., ~,.",/V ,"'-" ")(' )< ,. ~. '7 r YYV \/ )' . " / W1dU.,....~WIll(li'M.......IoyIlllt~ J',..,.~ or IIIIIhIiqIHoae wAllltANTY ANDCERTU1CA.nON ,~AII....' _ MY ~,.,ay only-to wall and/or Boor.... and fooap deleribcd IbcIYt _. dcsC:ribed in dlqram. 'Il F.HAN.A. certlflc8:In luudon ~ work upon n:quest. 1l)W~""""",*,~.~"~f"""""'- .Frcc'llCtVice,~_IIilorRP~wJlalO1hiaCOllllUt. WAIUlANTV TERMS Coall'Mlor ""null Ute w......... WI_.,.. tor)'Olll' Uled.e uloq u 1"'''._ ~"""',..,..r .bidl)'...... tIIlI warnaty" dIedled..lMwt. TWIIw.rrally" Mrktlt'...tb:d....~ ,. tU ..1triaII or .....- 1........Worlt (C.... ",,,_...) /[ ~y,.W' ~'SC3;=~r~~ .""""....-..a."_"""'*)(.7lr<<.... I' Ii!" ~~;~t~~ 00rlt<<. T'~ " ,_. .,f"'''''::~ /,0,,/ ":!;"' .'''-'O'"{I. '1 ~=&i:-." _"~?".~,,<,_.. ,N<:>.....:..;:.;.,;,;.;....~ __dtfl-I,J AU GlMrUJtdl"'. WorIIAn............... ODe (I) JeIIrfrolit~"'" wlUek"'......., ...... ..., ,"",1'1 eo.tratt.r to repUr- ornm' -. .. dllendoL II "'*""" c- See aaI8Ched Aflt)ENDUM, IhOuld tbll ~lIowlna Ippl)': CExIerior CI.IIterior CCoIIiftp CStructIlnII C M~ poly w~llhlcld CRouP c.tinI DOdJ.cr READ THt: ADDITIONAL TERMS ON TIlt: BACK 0' .THIS AGREEMt:NT BEFORE SIGNING, THE Tt:RIitS ANIl i. CONDITIONS ON TIlE BACK OFt'R1S CQNTRACTARE PART 0' YOUR AGREEMENT. WI'I'HTllt:CON'I'RACTO~ AND . . ARE BJNDINGON YOU.. . _'. The Owner aclmowledges receipt ofa'eopy of this ContraCt. owner by ,its sipature below J'ePl'CRDt5 and warrants, lhat eU .of1he penons \; signing this Contract are the rightfulown~'of:the PrenliscS ind.thatnp. oth~.pefSOns or entities have any URercst'in the PremiSes. 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SnbCIII_ . =~--InIl..__.,..~I'=....no1trbtfrarn...CMI'Idllytllthk~~'C~~:..--r~~~' <~~~r" ~:.'=il:""..::~ttIlwConllliant* lOClntrtct.-llfllUDwnttlCtntlIh'.ttt.c.rncc...,....Owitr"';'i;'t__t..t. oa,..,.tdlIii..I..t."" :"'''".:o::.=~=-..-.:::.'.:.:':'..~'':.~=='::r-'',,",-._--~-'''c'''''''., Certificate of Service I hereby certify that on this {q ~ day of July, 2006, a true and correct copy of the foregoing Complaint was served upon the parties named below by depositing same in the United States Mail, First Class postage prepaid, and First Class U.S. Mail, return receipt requested, and addressed as follows: Stephen C. Goldblum, Esquire Suite 200 - Jenkins Court 610 Old York Road Jenkintown, PA 19046 '"..' r-.:1 '., (;'l .-. -' \'--,~, 1 . -.....:... ,'," ...'- ..- JAMES J. WEST, LLC 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 233-5051 vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN BATZLER and KAREN BATZLER, Plaintiffs MID-ATLATNIC SYSTEMS OF CPA, INC., t/a MID-ATLANTIC WATERPROOFING, Defendants Docket No. 05-1006 Civil Action - Law Proof of Service I, Deborah L. Gordon, hereby certify that on May 25, 2005, a true and correct copy of the reissued Writ of Summons in the above-captioned action was served upon Mid-Atlantic Systems of CPA, Inc., t/ a Mid-Atlantic Waterproofing, by and through its registeted agent, CT Corporation System at its office located at 1515 Matket Street, Suite 1210, Philadelphia, PA 19102 as evidenced by the United States Post Office's return receipt attached hereto as Exhibit "A". Dated: July 31, 2006 .Q.hUltah~( VLCLD-v\ Deborah Gordon, gal Assistant James J. West, LLC 105 North Front Street Suite 205 Harrisburg, PA 17101 Telephone: 717.233.5051 Facsimile: 717.234.7517 ",..- Exhibit "A" F:: CJ <- >-;C) ~~"'o .Yc: ::.:~ =< (") c ~ ~!, t'""; "'" = "''' "'" >>- c:: (I") I -r:J N (J1 -.J ~., ." James J. West, LLC 105 North Front Street Suite 205 Harrisburg, P A 17101 (717) 233-5051 JOHN BA TZLER and KAREN BA TZLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. Docket No. 05-1006 MID-ATLANTIC SYSTEMS OF CPA, INC., t/a MIDATLANTIC WATERPROOFING, Civil Action - Law Defendants ACCEPTANCE OF SERVICE I, Stephen C. Goldblum, Esquire, accept service of the Complaint on behalf of Defendant, Mid-Atlantic Systems of CPA, Inc. and certify that I am authorized to do so. Dated: >71~\ ,2006 By: -A~- Stephen C. Goldblum, Esquire Suite 200 - Jenkins Court 610 Old York Road J enkintown, P A 19046 Attomry for Defendant !1:-ue~!y~g AUG u ~ ,uU6 ;--.:J ::-J f'-2! r< ,-. _.""'~\ - James J . West, LLC 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 233-5051 JOHN BA TZLER and KAREN BA TZLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. Docket No. 05-1006 MID-A TIANTIC SYSTEMS OF CPA, INC, t/a MIDATIANTIC WATERPROOFING, Civil Action - Law Defendants PRAECIPE TO MARK SETTLED, SATISFIED AND DISCONTINUED TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled, satisfied and discontinued. Respectfully Submitted, JAMESJ. WEST LLC J 105 rth Suite 205 Harrisburg, P A 17101 (717) 233-5051 (717) 234-7517 - fax Dated: October 3, 2006 Counsel for Plaintiffs ~ ~~ --0 (~: '~/: ~~\- ~ <g; ~ ;.....l \ <..J1 '%\~.; Sp~) ~::'- ~ ::C~ 'f-r\r: ""'t.":1\JJ. i~~; ;~- ~-\\ ',;'-) :::.-\ "J0 -:.4 ~ -:;; .....0 .' - ...0