HomeMy WebLinkAbout01-0594 FX
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Stephen D, Tiley, Esquire
Supreme Court #32318
Frey & Tiley
Attorneys for Plaintiff
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
WilLIAM J. WIRl, JR., tJd/b/a
W1Rl BUILDERS
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
JOHN D. FRITZ, and
JANICE L. FRITZ
NO. 2001 - .6'91
IN ASSUMPSIT
CIVil TERM
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 ather 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (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.
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Stephen 0, Tiley, Esquire
Supreme Court #32318
Frey & Tiley
Attorneys for Plaintiff
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
WILLIAM J. WIRL, JR., tJd/b/a
W1RL BUILDERS
IN THE COURT OF COMMON PLEAS
OF CUMBERlAND COUNTY,
PENNSYLVANIA
VS.
JOHN D. FRITZ, and
JANICE L. FRITZ
NO. 2001 - 59'/
IN ASSUMPSIT
CIVIL TERM
COMPLAINT
AND NOW comes William J. Wirl, t1d/b/a Wirl Builders, by and through his
attorney, Stephen D. Tiley, Esquire, and files this Complaint of which the following is a
statement:
1. The Plaintiff is William J, Wirl, an adult individual t1d/b/a Wirl Builders, a
sole proprietorship, of 855 York Road, Carlisle, Pennsylvania, 17013.
2. The Defendants are John D. Fritz and Janice L. Fritz, husband and wife,
adult individuals of 109 Hope Drive, Boiling Springs, Pennsylvania 17007,
3, On or about May 25, 1999 the Defendants purchased Lot No, 24 in the
Indian Hills development of South Middleton Township, Cumberland County,
Pennsylvania by deed recorded in Cumberland County Deed Book 200, Page 134,
which deed is incorporated herein by reference thereto, The said lot is now known as
109 Hope Drive, Boiling Springs, Pennsylvania 17007,
4. The Defendants desired to build a residence on their lot and had
discussions with the Plaintiff to build a house for them.
5, On or about May 26, 1999 the Plaintiff and Defendants entered into a
written Construction Agreement, a copy of which, together with the specifications
portion of its Exhibit "A" and and together with the draw schedule which was its Exhibit
"B," is attached hereto, marked Exhibit "A," and is incorporated herein by reference
thereto as if fully set forth herein.
6, The Construction Agreement was drafted by the Defendants, or one of
the Defendants, after having received a proposed contract form from the Plaintiff. The
specifications and draw schedule were drafted by the Plaintiff.
7. Certain changes and additions to the work to be performed were agreed
to and memorialized in a letter from Plaintiff to defendants dated September 8, 1999,
a copy of which is attached hereto as Exhibit "B" and is incorporated herein by
reference thereto as if fully set forth herein.
8. All of the additions mentioned in Exhibit "B" were added to the contract
and performed except the last two items, to wit: the installation of crown molding in
the living room/dining room for a price of $600.00, and the installation of 42" instead of
30" wall cabinets at an unestimated price.
9, The original contract price was $190,950.00. The additions added
$14,345.00 to the contract price. The total contract price was, therefore, $205,295,00,
10. Plaintiff completed the house but Defendants have withheld payment of
the final $5,000.00 of the contract price.
11. Defendants have alleged that certain items of the work were not
performed correctly but either this is not the case or the alleged defects are extremely
minor, and usual and customary "punch list" items, which Plaintiff has offered to
complete but Defendants have not agreed to allow him to do. See copy of letter from
Stephen D, Tiley, counsel for Plaintiff, to Defendants, dated July 12, 2000, attached
hereto as Exhibit "C," and incorporated herein by reference thereto as if fully set forth
herein, Plaintiff has never received a written response to this letter.
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12, Plaintiff has demanded payment of the remaining $5,000,00 due him,
but Defendants have refused.
WHEREFORE, Plaintiff prays Your Honorable Court for judgment in his favor and
against the Defendants for $5,000.00, plus costs.
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Res tfly SUbm~ted, ,.;...?
tephen D. Tiley, Esquire
Supreme Court #32318
Frey & Tiley
Attorneys for Plaintiff
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
VERIFICATION
I verify that I am the Plaintiff in the above matter and that the facts set
forth in the foregoing Complaint are true and correct based partly upon
personal knowledge and the remainder upon 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.
Dated: January 26, 2001
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VERIFICATION
I verify that I am the Plaintiff in the above matter and that the facts set
forth in the foregoing Complaint are true and correct based partly upon
personal knowledge and the remainder upon information and belief. I
understand that this Verification is made subject to the penalties of 18 Pa, C,
S. A. 9 4904 relating to unsworn falsification to authorities,
Dated: January 26, 2001
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Page I of 5
CONSTRUCTION AGREEMENT
BETWEEN
William J. Wirl, t1d/b/a WIRL BUILDERS /0
855 York Road ~i:J 0
CarlislePA 17013 ~O ~ 0 ()
258-3435 \ 11, ~ (b\~O ~ t
hn J,~
Jo D. and Janice L. Fritz '::>
35 Greenfield Circle /y0
CarlislePA 17013 'U
245-0277 '
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AND
THIS AGREEMENT entered into this 26TIrday of May, 'i999, by and between William J. Wirl, t1d/b/a WIRL
BUILDERS of 855 York Road, Carlisle PA, hereinafter called "CONTRACTOR" and John D. and Janice L. Fritz, of
35 Greenfield Drive, Carlisle, PA, hereinafter, whether one or more, called "OWNER".
WITNESSETH that the CONTRACTOR and OWNER for the considerations hereinafter stated covenant and agree
as follows: '
1. CONTRACTOR shall erect, on OWNERS land to be purchased in the Indian Hills development in South
Middletown Township, Cumberland County, Pennsylvania, a two story dwelling, with basement, in accordance with
specifications and drawings attached hereto and incorporated herein, by reference thereto, same being marked as
"Exhibit A." CONTRACTOR shall, under the direction and to the satisfaction of OWNER, furnish all services,
materials, labor, tools, equipment, machinery, and everything necessary to undertake and complete in a thoroughly
first-class workmanlike manner all of the work indicated in the drawings, specifications and general conditions, and
all amendments, addenda, schedules and exhibits attached hereto.
2. As legal consideration for said construction, OWNER agrees to pay CONTRACTOR the sum of One Hundred
Ninety Thousand Nine Hundred Fifty Dollars [$190,950.00] according to the, draw schedule attached hereto and
incorporated herein by reference thereto, same being marked as "Exhibit B" [said price excluding, only, the actual
excavation costs incurred in preparing the site for the construction of the footer and basement portion of the structure,
'which actual costs shall be paid by OWNER]. ,
3. This Agreement shall be governed by the allowances for specific expenses as provided in "Exhibit A" attached
hereto and incorporated herein by reference thereto. No substitute materials or equipment shall be utilized, installed,
or substituted without the written permission of OWNER.
Notwithstanding anything in this Agreement to the contrary, progress payments may be withheld by OWNER if:
I] Work is found defective or is not in accordance with the contract documents and remains unremedied;
2] CONTRACTOR has not made prompt and proper payments to subcontractors.
3] CONTRACTOR has not made prompt and proper payments for labor, materials, equipment, or other
goods or services famished to him;
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. ,4]. Another contractor or subcontractor is damaged by an act for which CONTRACTOR or any of its agents
IS responsIble. , " ',' -C:' , '
, 5] Any claim or liens are filed on the project, or there exists reasonable evidence that such claim or lien will
be filed.
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6] There exists reasonable doubt at any given time that this contract can be completed for the total amount of
the contract price then unpaid. " ."r" ,i:\" ," '::,\ ',\,," : . "',' C:,'
7] CONTRACTOR has failed to uphold any other provisions of this Contract and such failure remains
unremedied. ; C'.-:'t~ ',c",~;, Ii',; (.,','\'t.:;.t: ;,.","'/' ,:{.f<
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The CONTRACTOR shall'be consideredanjndependent,~olltractor with resp~ct to that part of the work in said
erection and construction which' he has undertaken to do and perform, and he shall be answerable only for loss or
damage caused by the CONTRACTOR or his subcontractors, agents, or employees, and agrees to fully indemnify,
protect and save harmless the OWNER from loss, damage, or expense as to all claims or liabilities resulting from the
accident, negligence, or from other cause by himself, subcontractors, agents, or employees.
Construction shall be commenced upon signing of this, contract, presentation' of all necessary building permits,
UNLESS PREVENTED BY ACTS, OF God, Civil Authority, War or Insurrection, weather conditions, or other
factors beyond any reasonable control of the CONTRACTOR,all construction to be completed within six (6) months
from the date of commencement (groundbreaking) of the construction."
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CONTRACTOR shaH warrant that portion of the work done by himself and his subcontractors, agents, and
employees for a period of one (1) year from the completionofthe home,.provided, however, that nothing herein shall
limit the manufactures warranties pertaining to appliances', equipment and materials used in construction, some of
which may offer extended warranties or are warranted formore,than one (1) year. CONTRACTOR shall do whatever
is necessary to assure that the work conforms to the requirements of the construction contract during the progress of
the work, and to remedy any defects due to faulty materials and workmanship promptly upon request of the OWNER.
Cosmetic cracks in concrete, or, in blocks, which: cracks do not affect ,the: structural integrity of the building, are
understood by the OWNERto be normal and to not constitute defects ;in material or,workmanship;
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OWNER shaU carry fire and casualty insurance for thefuU value of the contract price. Said policy shall be no less
than a broad form dweHing or homeowner's policy. CONTRACTORshall secure public liability insurance and bodily
injury coverage in the amount of $300,000\ $300,000 and property damage in the amount at least equal to the full
value of this contract. ' ' , '
CONTRACTOR shall provide evidence of coverage at the signing of this contract; OWNER shall provide evidence
of coverage within five days of the structure becoming insurable.
OWNER agrees to pay for electric service commencing with energizing by the electric utility until completion of the
construction. CONTRACTOR will provide and pay for any temporary electric service required or utilized prior to
installation of the electric meter on the dwelling by the electric utility .
CONTRACTOR shaH permit and facilitate inspection of the work by OWNER and/or their agents and public
authorities at aU times.
CONTRACTOR, before commencing the work, shall be qualified under the Workman's Compensation Laws of
Pennsylvania and shaH at aH times comply with the provisions of said law.
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Title to all work completed and to all materials which are intended to be incorporated in the work and which are
delivered and stored at the site in the course of construction, shall be solely and exclusively vested in the OWNER.
This article shall govern the passing of title of all work and materials affected thereby, notwithstanding any other
provision in this Contract.
CONTRACTOR hereby waives and releases its rightto file any lien against any part of or the entire work or against
any part of or the entire site. CONTRACTORshall herewith execute a Mechanic's Lien Waiver form acceptable to
OWNER. F AlLURETO EXECUTE A MECHANIC'S LIEN WAIVER WILL RENDER THE CONTRACT Nl)LL
AND VOID.
In the case of allowances provided in "Exhibit A",'a credit will be given to OWNER for any amounts Jess than the
amount set forth as an allowance and OWNER will be charged for any amounts greater than the allowances set forth
therein. Documentation will be provided by builder upon request.
This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. Any suit
hereunder shall be tried in the Court of Common Pleas of the Judicial District in which the parties hereto reside at the
time of the signing of this contract. '
If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in
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law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all
other respects this Agreement shall be valid and continlle in full force, effect and operation. Likewise, the failure of
any party to meet their obligations under anyone or more of the paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties.
CONTRACTOR understands that OWNER requires construction of the structure to be such that the
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basement will have an area clear of all support posts, pipes, ducts or other obstructions, which area shall be a
minimum of thirty (30) feet by sixteen (16) feet",ith a minimum clear ceiling height of eight foot six inches (8'
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6") exclusive of ducts, beams, piping or any. other' obstruction. This area shall have the thirty (30) foot
measurement parallel to the side walls of the house and this area shall be located to the right side of the
stairwell viewed from the perspective of standing at the front of the house. This requirement is based upon
OWNER'S intention to construct a special room within this thirty (30) foot by sixteen (16) foot space with
specific acoustical properties and other attributes Which constitute an unique use such that the placement of
any support posts or other obstrnctions within this area shall constitute a complete breach of this Agreement.
CONTRACTOR further warrants that CONTRACTOR has .obtained qualified licensed engineering or
architectural design for the construction of this structure and said structure is properly designed so that the
requirement for a space clear of support posts and other obstructions does not affect the structural integrity or
functionality of the building. CONTRACTOR shall frame, with wood members, this area such that all rough
carpentry work is complete.
This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of
this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this
Agreement shall in no way affect the right of such party hereafter to, enforce the same, no shall the waiver of any
breach of any Provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor
shall it be construed as a waiver of strict performance of any other obligations herein.
This Agreement constitutes the entire understanding of the parties and super~edes any and all prior agreements and
negotiations between them. There are no representations or warranties other than those expressly set forth herein.
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No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and
no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same
or similar nature.
This Agreement shall be binding on all parties hereto, their heirs or executors. All terms, provisions, covenants and
agreements herein contained shall extend to and be obligatory on the successors and assigns of CONTRACTOR and
OWNER, but CONTRACTOR shall not assign this CONTRACT or any of the payments to become due hereunder
nor delegate any duties except with the written consent of OWNER. '
IN WITNESS WHEREOF, the parties hereto, having read and understood the conditions set forth in this
Agreement and intending to be legally bound hereby, have hereunto set their hands and seals the day and year first
above written.
[Seal]
[Seal]
[Seal]
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYL VANIA :
: SS.
COUNTY OF CUMBERLAND
On this, the 26th day of May, 1999; before me, the undersigned officer, personally appeared John D. Fritz
and Janice L. Fritz, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the
within instrument, and acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~ J~f[SEALJ
, Nptary Public,
Notarial Seal
Gloria S. Rueger, Notary Public
Middlesex Twp., Cumberl8nd County
My Commission Expires Aug. 22. 1999
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Page 5 of 5
COMMONWEALTH OF PENNSYLVANIA:
: SS.
COUNTY OF CUMBERLAND
On this, the 26tl1 day of May, 1999, before me, the undersigned officer, personally appeared William J. Wirl
t/d/b/a WIRL BUILDERS, known to me (or satisfactorily proven) to be the persons whose name is subscribed to
the within instrument, and acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
N~~ xfk{f1SEALJ
" " Notarial Seal PublIc
' Gloria. S. Rueger, NotarY CounIY
Middlesex 1Wp.. CUplmbe~~g 22.1999
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Wid Builders May 11, 1999
Custom Homes
258-3435
Two story dwelling: 1st floor - 1210sq.ft., 2nd fir 1210 sq.ft.
with attached garage.
Foundation: Excavation allowance, $9,500.00, to include all earth movement,
hilift, backhoe, blasting, rebar, fill (stone, slate),
footers to be 3500 psi poured concrete, stone base to include radon
reduction and exterior and interior footer drains.
Walls to be 8" poured concrete, 9' height.
Steel 'I' beam to be 10" height @ 33 lbslft., to sustain 18' span.
Block foundation for garage and porches(frontlback).
Precast concrete stairwell wlbilco doors wlhinged steel door
at the stairwell base.
Sump hole with pump
Dampproofing - Deco foundation seal.
Framing: 2x6 treated sill plates with sill foam installed,
TJI25 fir joists, 16" O.c.
3/4"x4x8 T&G advantech underlayment sub-floor glued/nailed
2x6 exterior walls, studs 16" o.C. , 2x4 interior walls, 16"0.c.
2x10 headers, I/2" thermaxl7/16" waferboard exteriorsheeting,
tyvek (house wrap) exterior of house
2"x 8" ceiling joist 16" O.c.
2"x 6" rafters 16" O.c. with attic 2x4 knee wall f/support,
7/16" waferboard sheeting on roof, 15lb.rooffelt applied
w/aluminum drip edge, 25 yr. fiberglass architectural shingles roof.
Ridge vents installed - standing seam roof on front porch.
Stud wall framing future sound room in basement.
Wood blocking on window comers for curtain rods.
Garage: Treated sill plates, 2"x4" walls 16" on center. 3/0 access door (1)
16'0"x7'0" insulated garage door, prefinished,panel type, no glass.
Walls are insulated, drywalled and painted, 5/8 firecode on house walls.
Concrete slab ~500 psi fibermesh concrete
Doors and windSlws trimmed.
Concrete stoops at the exists of both man (3/0) doors per plan.
'-", '. ,-..,... Floor drain in garage.., -.
Insulation:, W-alLs are 6:' fibergla$.R-Yalue R19 wlhouse wrap.
. Basement ceili~g R19 (Basement rec area)
, Ceilings are blpw:n insulation R-Value R30.
Styrofoam vents whefe$6eded..
3-1/2" insulation in garage walls
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Super seal walls for air infitration.
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Exterior Finish:
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Vinyl soffit ,and aliJrninumfacia. 5" K-Qu'tt6; ~d downsp;ms{al~~um).,
Insulated steel exterior doors With dead bolts. ~'-t', \"
Wood/Aluminum c1addouble-hung (maintenj!cefree)insulated windows
(low-E) with screens and grilles betwel)n the glass. '
Shutters front ,sides and back, ' ",
Vinyl soffit, vinyl siding choice per client, " ' ' , ' .
Front porch per plan, rear porch 12'xI.6'slab w/foundation
Rear garage man door 5' x 6' slab; ,
Brick veneer front of house per plan.
Dental trim per plan elevation (front only)
Exterior painting two (2) coats.
Atrium door with GBG (grille between glass) w/french handle,
Interior Finish
French doors with grille (between Ivg rm and finly rm)
1/2" Drywall taped and sanded w/2 coats of satin paint (ceiling and
sidewalls off white, 1/2" wonderboardunderlayment fYceramic tile,
Doors are six-panel colonial Masonite (to be painted)
, Wire shelving and rods. ,; , '
3-1/4" colonial casing and 5-1/4" colonial base painted.
Chairail in dining room.
Oak kitchen cabinets, white vanities, wall cabinets in laundry, (2) medicine
cabinets, ceramic installed to wall between splash and wall cabinets
allowance $10,\l00.00 installed w/tops,
Cultured marble in bathrooms : "
Flooring allowance installed $11,332.00
White pine handrail to basement. Stained handrail to second floor.
Appliances - dishwasher, stove, oven (choosen by client), garbage
disposal allowance $2400.00 installed.
Gas fireplace in living room (marble surround and wood mantle)
Electrical and Heating:
200 AMP Service to house (underground).
40 gallon gas hot water heater.
Light fixture allowance $2600.00 installed (to include recessed lites)
Telephone outlets installed (except dngrm), electriclbattery smoke alarms
(bedrooms and halls) , outside recepticals (7).
2
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Plwnbing:
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Gas hot air system with air conditioning (Carrier) per plan location,
Interior outlets per code w/ client location
Outside lights per client(frt porch, post light, rear spot light)
Six (6) basementceiling lights'
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(3) commodes Am. Std., 60" fiberglasstub/sh()wer (1) main bath, master
bath w/42"xiz" acrylicgllfden tUb w/faucet and 36" shower.
, ' , '
cultured marble vanity tops in baths white/white, oak vanities per plan.
Moen faucets for tub liIld showerchromeJbrass (bra.ss only extra),
Moen lavatory faucets. Moen kitchenfaucetWith, '
sprayer. Shower rod for tub installed. " '
Hot liIld cold pip~s are copper.
Drain lines are pvc. . , ,
ChromelwlbraSs towel bars and paper holders.
Two outside frost proofspigols front and back.
Chrome/wlbrass faucets. q, " ' '
Basement utility sink in b~sement.
Miscellaneous: .
Building permits by builder.
3 '0" sidewalks from front porch to driveway." '
Entire lot seeded
Macadam driveway with concrete apron.
Sidewalks installed. ' ' '.' ,
Excavation allowance: $9,500.00
Draw Schedule:
First draw 25%-----~-.deckinstalled
Second draw 2S%-------house enc1osedw/mechanical roughins
Third dra.w 2S%---------siding, interior trim,kitchen, vanities
ceramic; wood flooring, purgo.
sidewalks, driveway.
Forth dmw 2So/.-=p~. mwn;j _ ) A ~ ~
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To: John and Janice Fritz
109 Hope Drive
Boiling Springs, Pa.
241-0277
, September 8,1999
From: Wirl Builders
855 York Road
Carlisle, Pa. 17013
258-3435
Additions to contract: Enclose patio - (9) windows 6 ft. ht.
w/tempered glass lower sashes ( code), 3/0 15 lite
door, cathedral ceiling, insulated wooden deck,
(floor coverings not included) $9,650.00
Change garage dimensions to 22'x27', build storage area
above garage and irisulate entire garage ceiling.
(2) windows in storage area ($670.00 f/arched top)
upgreaded framing- 2xlO joist, 3/4" decking, 2/6
insulated door into master bedroom, steel beam
in garage ceiling $4,170.00
insert small window into master bath shower/comode space
$275.00
- interior door added to attic stairwell $250.00
- estimate f/crown molding in livingroom/dng fill
$600.00
. - price difference between 30" wall cabinets and 42" wall cabinets
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FREY & TILEY
ATTORNEYS.AT.LAW
5 SOUTH HANOVER STREET
CARLISLE, PENNSYLVANIA 17013
ROBERT M, FREY
OF COUNSEL
STEPHEN D, TILEY
ROBERT G, FREY
TELEPHONE (717) 243.5838
FACSIMILE (717) 243.8441
July 12, 2000
Mr. and Mrs. John D. Fritz
109 Hope Drive
Boiling Springs, Pennsylvania 17007
:'
Re: Wirl Builders
Dear Mr. and Mrs. Fritz:
Shortly after my telephone conversation with Mr. Fritz at the beginning of June I
met with Bill Wirl but unfortunately I then allowed this file to sit on my desk without
attention until this time. I apologize to you, and again to my client, for this inexcusable
delay.
Notwithstanding my delay, we must now bring this matter to an amicable
resolution within the next few weeks. Even before my delay in communicating with
you, far too much time had expired without final payment to Wirl Builders and
resolution.
I will respond directly to your proposed "Agreement" concerning the additional
items you wish completed. Some of the requests are legitimate "punch list" items
and will be taken care of by Wirl Builders, some are outside of the scope of Wirl
Builders responsibility, but will be done without charge anyway because they are
small matters and Bill will try to accommodate you where he can in order to bring this
to closure, and some requests are simply outside of Wirl Builders responsibility and
will not be done. In any event, any punch list items will be completed by Wirl Builders
and you are not authorized to retain any other contractors and charge their expense to
the amounts due Wirl Builders.
Referencing your paragraph numbers, we respond as follows:
1. We have no objection to the use of your attorney as escrow agent however
I cannot locate attorney Bushman in any of my lists of central Pennsylvania Attorneys.
Kindly provide his firm address and telephone number. Also, the entire unpaid
balance of the contract price, to wit: $5,000, must be deposited into escrow. That
entire amount will can be held for the couple or few weeks it will take Wirl Builders to
perform the tasks set forth in this letter, and then paid to Wirl Builders.
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Frey & Tiley
Mr. and Mrs. John D. Fritz
Re: Wirl Builders
Wednesday, July 12, 2000
Page 2014
2a. Wirl Builders will put "through carpet" screws in where it feels that they are
warranted. There are special small head screws made for this purpose, There is no
need to move any furniture.
2b. Wirl Builders will install switched outlets in the living room. Should you
desire them in the small front bedroom that will be a change order subject to
additional cost. :'
2c. Wirl Builders will adjust the latches on these doors:
2d. Wirl Builders will install four concrete splash blocks.
2e. Hairline and other small foundation cracks are common, non-structural
items. They are not defective work to be included in a punch list. Interior
waterproofing was not a part of the original specifications or agreement, however if
you desire Wirl Builders to perform this work they will give you an estimate for a
change order.
2f. Wirl Builders will examine the gutter at the rear corner between the garage
and the house and if there is a problem with water getting behind the siding it will be
fixed.
2g. Wirl Builders will secure the water faucet at the front, left, of porch, if it is
loose.
2h. Wirl Builders will tighten railing posts with finishing nails where needed.
2i. Wirl Builders will attempt to accommodate your desire for a changed
shower head angle, without additional charge:..
2j. Bilco doors cannot be guaranteed to be watertight however Wirl Builders
will place some caulking around the door which will probably address your concerns,
3. Rejected. All work will be performed in a "first class," good and
workmanlike manner. This is the industry standard. Even if we had no experience in
trying to accommodate your desires we could not agree to make payment conditioned
upon such a standard as you propose which mayor may not relate to the the quality of
the work or reasonableness. No builder would do this. The work will be performed
within 60 days and at that point the escrowed funds will be released to Wirl Builders.
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Frey & Tiley
Mr. and Mrs. John D. Fritz
Re: Wirl Builders
Wednesday, July 12, 2000
Page 3 of4
4. Rejected. Wirl Builders will reseed some bare spots as an
accommodation to you. This reseeding is expected to be small in area and a project
of less than one hour. Wirl Builders agreed to grade and seed the lot, not provide
additional top soil nor rake the soil.
5a. There has been no dispute between Wirl Builders and you concerning
ceiling height. This is the first we have learned that there is a "dispute" about ceiling
height. You were told that the greatest amount of ceiling height which Wirl Builders
could give you was 8' 1" and we believe that this was accomplil'hed. We are not
entirely sure what you are trying to say or address here, but in any event there is
nothing that can be done about ceiling height at this point.
5b. Wirl Builders and I discussed at length the brick work, over which there
evidently was a dispute, from your perspective, over whether or not the work was
completed properly. As you may know, Wirl Builders went so far as to have a
representative of the brick manufacturer inspect the work. The short of this matter,
and our position, is that the brick is exactly what you requested and is installed in a
first class workmanlike manner.
6, I do not think that either of us wants to waive our rights until the work which
we have described above has been done and Wirl Builders has received the final
$5,000 payment. At that point, however, I believe that both parties should sign a
mutual release.
7. I am not sure that we need a formal amendment to the construction
agreement or a supplemental agreement, although we would be happy to enter into
one. In either event, we would assume that completion of these punch list items, or
any supplemental agreement, would not void the construction agreement or any
warranties which may be enforceable'thereunder. '
8. Wirl Builders will not share in the expense of the escrow. If that is an
issue I will hold the funds without charge to you.
Please understand that the above is not a negotiating offer, this is what we can
do. I have known Bill Wirl personally for many years and I know that he tries very hard
to please his custorners. He will try again here, as set forth above, but he is at the
limit of what he can do.
Professional courtesy requires that I communicate directly with your attorney,
however I was unable to locate him. Until I am able to communicate with your attorney
I will continue to do so with you. (After I am in touch with your attorney I can
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, ,
Frey & Tiley
Mr. and Mrs. John D. Fritz
Re: Wirl Builders
Wednesday, July 12, 2000
Page 4 014
communicate with you directly if he authorizes me to do so.) Of course, I represent the
interests of Wirl Builders only. Within that context, please feel free to call or write with
any questions or comments you may have.
Unfortunately, I am leaving the office today for vacation and will not return until
the 19th. However, I will be in regular contact with my office in the event that there is
something that needs attention before my return.
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Sincerely yours,
,
# Al-7v1
Stephen D. Tiley
SDT/mm
cc: Wirl Builders
WILLIAM J. WIRL, Jr.
Udlb/a WIRL BUILDERS
Plaintiff
vs,
JOHN D. FRITZ
JANICE L. FRITZ
Defendant
TO THE PROTHONOTARY:
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: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: PENNSYLVANIA
: NO, 2001 - 594
: IN ASSUMPSIT
PRAECIPE
Please enter my appearance in the above captioned matter on behalf of JOHN
D. FRITZ and JANICE L FRITZ, Defendants.
February 5, 2001
Richard L. Bushman, Esquire
16767 Path Valley Road
P,O. Box 51
Spring Run, PA 17262-0051
ID # 36406
TEL: [717] 349-7657
FAX: [717] 349-2982
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-00594 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WIRL WILLIAM J JR ET AL
VS
FRITZ JOHN D ET AL
TREVOR KENT
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
FRITZ JOHN D
the
DEFENDANT
, at 0015:40 HOURS, on the 2nd day of February, 2001
at CUMBERLAND CO. SHERIFFS' DEPT 1 COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
JOHN D. FRITZ
a true and attested copy of COMPLAINT & NOTICE
together with
IN ASSUMPSIT
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.72
.00
10.00
.00
31.72
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R. Thomas Kline
02/05/2001
FREY & TILEY
Sworn and Subscribed to before
By:
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Deputy Sheriff
me this
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day of
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-00594 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WIRL WILLIAM J JR ET AL
VS
FRITZ JOHN D ET AL
JODY SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
FRITZ JANICE L
the
DEFENDANT
, at 0008:46 HOURS, on the 5th day of February, 2001
at CUMBERLAND CO. SHERIFFS' DEPT. 1 COURTHOUSE SQUARE
CARLISLE, PA 17013
by handing to
JANICE L. FRITZ
a true and attested copy of COMPLAINT & NOTICE
together with
IN ASSUMPSIT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
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R. Thomas Kline
02/05/2001
FREY & TILEY
Sworn and Subscribed to before
By:
Qt'~. \~
'Dep y-Sheriff
me this f~ day of
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Cumberland County, Pennsylvania
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