HomeMy WebLinkAboutCourt Notes - 12/29/2003 •
STATE OF WISCONSIN, CIRCUIT COURT, ifJ i)rt 1Q,k J 0 COUNTY For Official Use
Case Caption Subpoena and
5 vt Pa »i ;Itmc Certificate of Appearance
UE � f, r� Case No. 03 S 3
The State of Wisconsin to (Witness Name and Address): Service Information
•
Date Served Time Served Fee Charged
j 0 il e t 2:ct r,k /2 o ' /I'M $ --
Manner of Service Witness Fee
g /S C h v rGli A • ❑ Personal Enclosed
❑ Substitute: $ /6 , d 0
f ioo r Ra o w' a p� Serving Agency
o . ,5 / f c.5 (1 (- 5 °' Served B (Signalur )
You are required to appear and give evidence:
APPEARANCE INFORMATION
Date tt // Ti Location (Include Room Number)
9— 0 T g:30 Art Bran c,I\ I Roo"-1 301;o 7.44 ,,0( F /
Presiding Official
fa/rnA2EJp 3 CO f road Aoui�-
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On Behalf 0574 f 0 fR 5 Ar-+ir/ T o , I
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J You are further required to bring with you the following: ,,/) C }
Any_ na{cs E r p °f' -'r- � "IA,n.Jt j it) Cro,r ` /1 spec1 o..-f" /3 /c / / "3A f0� J/
05i, k 05), w,1: on 7- (21- o3
❑ This is a third -party subpoena. Unless all parties agree otherwise, do not provide any requested items
before the date and time of the above proceeding.
Failure to appear may result in punishment for contempt, which may include
monetary penalties, imprisonment and other sanctions.
If you have any questions about this sub..ena. •lease contact: Issuing Official
Name (Type or Print) / / By:
5 {ev SC h 01 r ' --
Title Telephone Number cCefele
l',(., A(te,ti _ Address Signature
/3 /V Mon/ 5 -, Cisiikosk P1 /v -,-D.9 -02
Date
For Court Use Only
Witness Information Witness Certificate of Appearance
Telephone Number Date Witness Appeared Mileage
Address Correction Signature of Witness
GF-126, 11/99 Subpoena and Certificate of Appearance §§805.07, 885.02 and 885.03, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
‘.'@' CITY OF OSHKOSH No 0102550
OSHKOSH BUILDING PERMIT - APPLICATION AND RECORD sEP >
ON THE WATER OA
Job Address 1314 MONROE ST Owner STEVEN UPAULA SCHMIDT Create Date 07/01/2003
Designer Contractor NIEMUTH CONCRETE CON
Category 141 - Exterior Remodeling Plan
Type • Building Q Sign Q Canopy Q Fence Q Raze I
Zoning Class of Const: Size
Unfinished/Basement 0 Sq. Ft. Rooms 0 Height 0 Ft. ❑ Projection
Finished/Living 0 Sq. Ft. Bedrooms 0 Stories Canopies 0
Garage 0 Sq. Ft. Baths 0 Signs 0
Foundation 0 Poured Concrete 0 Floating Slab 0 Pier 0 Other
• Concrete Block 0 Post 0 Treated Wood
Occupancy Permit Not Required Flood Plain Height Permit
Park Dedication # Dwelling Units 0 # Structures 0
Use /Nature RES/ Repair basement wall (excavate, straighten, tuck point, backfill with 3' of 3/4" dear stone, dirt over stone. Replace concrete
of Work driveway in same location as existing.
HVAC Contractor Plumbing Contractor
Electric Contractor
Fees: Valuation $3,450.00 Plan Approval $0.00 Permit Fee Paid $35.00 Park Dedication $0.00
Issued By: Date 07/01/2003 Final /O.P. 00 /00 /0000
❑ Permit Voided I
In the performance of this work I agree o rform II rk pursuant to rules goveming the described construction. 1� 22
Signature / Date / / c�
Agent/Owner
Address 1314 MONROE ST OSHKOSH WI 54901 - 3936 Telephone Number
.. proposal .Page No. of Pages
' Nientuth Concrete Contactors
624 WEST SIXTH AVENUE
OSHKOSH, WISCONSIN 54901 so 7 ®
PHONE 233 -7537 o
PROPOSAL SUBMITTED TO
• Steve & Paula Schmidt PHONE DATE
STREET 06/23/03
1 314 Monroe St. .108 NAME
•
CITY. STATE AND ZIP CODE
Oshkosh, Wi. 54901 cos LOCATION
ARCHITECT DATE Of PLANS
1.10e PHONE .
■
We hereby submit specifications and estimates for:
Take out and replace driveway 650 sq ft
Repair - basement wall
•
Dig out to bottom of footing
Patch all cracks
Flush draintile
Tar and put on plastic
. Backfill with 3' 3/4 clear stone
Backfill with dirt excavated
Contractor to contact diggers hotline
Note: Owner to obtain building permit.
- Building inspector copy
igt Propane hereby to furnish material and labor – complete in accordance with above specifications, for the sum f:
Three Thousand Four Hundred Fifty Dollars and 00/100 sum o
f:
to be made as follows : dollars (_ 3 4 50.00
Start - date of 07/09/03
All material is guaranteed to •be as specified. All work to be completed in a workmanlike
manner according to standard practices. Any alteration or deviation from above s upon written `—
tions involving extra costs will be executed u pecdica. Sut
extra- charge over and above the estimate. All agreements contingeent nt u upp and will become on stakes. accidentis s Signature ' �� ���
or delays beyond our control. Owner to carry tire. tornado and other necessary insurance. No ' F /''' Our workers are fully covered by Workmen's Compensation Insurance. ry no proposd may be
withdrawn by us If not accepted within
days.
Arran
p of Pr11posa1 - The above prices, specifications
and conditions are satisfactory and are hereby accepted. You are authorized Signature
•
to do the work as specified. Payment will be made as outlined above.
Date of Acceptance: Signature 1
1
r .
iiropuut ' . Page No, of Pages Nieman!: Concrete Contractor
624 WEST SIXTH AVENUE ,
OSHKOSH, WISCONSIN 54901
PHONE 233 -7537
PROPOSAL SUBMITTED TO PHONE - I DATE i
Steve . &-.Paula Schmidt 06/23/03
STREET JOB NAME
1314 Monroe St.
CITY. STATE AND ZIP CODE JOS LOCATION
Oshkosh, Wi. 54901
ARCHITECT ' I DATE OF PLANS JOB PHONE - "
•
■
We hereby submit specifications and estimates for
. Take out and. replace driveway 650 sq ft -
Repair basement wall .
Dig_..out to bottom of footing
Patch all cracks
Flush *
Tar and put on plastic :;)61
Backfill with 3' 3/4 clear -stone
Backf it with dirt excavated' •
Contractor to contact diggers hotline- 41t
Note: Owner to obtain building permit
0 %
Building inspector copy -
illt hereby to furnish material and labor — complete in accordance with above specifications, for the sum of:
Three Thousand Four Hundred Fifty Dollars and 00 /100 dollars($ $3450.00
Payment to be made as follows:
Start date of 07/09/03
•
AN material is guaranteed to be as spanned. Au work to be completed in a workmankke — .FA. — -
manrar according to standard practices. Any alteration or devlatan from above specdica- Authorized
tions awoke* extra costs wig be executed only upon wntten orders. and woe became an Signature /
extra charge v o n ve d r and above the estimate. All agreements combated upon strikes accidents .,
or delays bsyae our control. Owner to carry lim tornado and other necessary insurance. • : his proposal may be
Our workers are fully covered M Workmen's Compensation insurance. withdrawn by us if not accepted within ��/ days.
�a conditions et liI naafi —The above prices. specifications
factory and are hereby accepted. You are authorized Si
to do the work as specified. Payment will be made as outlined above.
Date of Acceptance: Signature
i.
aleo`-- Permit Number uiuzaau ....... - -_
Address 1314 MONROE ST
ler STEVEN UPAULA SCHMIDT Contractor NIEMUTH CONCRETE CON
egory 141 - Exterior Remodeling
Q Canopy Fence 0 Raze � Plan
e � Budding Q Sign py Q Value $3,450.00
ping
Class of Const: Size
finished/Basement 0 Sq.
Finished/Living 0 Sq. Ft. Garage 0 Sq. Ft.
Ft. 0 Baths 0 In Projection
oms 0 Bedrooms
pries Height 0 Ft.
Canopies 0 Signs 0
undation Q Poured Concrete
0 Floating Slab 0 Pier 0 Other
• Concrete Block 0 Post 0 Treated Wood
;cupany Permit Not Required
Flood Plain Height Permit
irk Dedication
# Dwelling Units 0 # Structures 0
se /Nature ES/ Repair basement wall (excavate, straighten, tuck point, backfill with 3' of 3/4" clear stone, dirt over
f Work tone. Replace concrete driveway in same location as existing.
IVAC Contr Plumbing Contr
Electric Contr
nspections:
not approved
)ate 7/21/2003 Type Foundation Backfill Inspector John Zarate
Date/Time requested: 7/21/2003 07:32 AM
Notice Type: Phone Number: 426 - 5176/232 -9
Access:
Ready Date/Time: 7/21/2003 07:32 AM Requested By: Paula
0 Reinspect Fee 0 Fee Waived El Reinspect Fee Paid
Date 7/25/2003 : Type Note Inspector John Zarate
A letter was received from the attomeys representing Neimuth Construction to inform the City that Neimuth is no longer working on this
project. The owner will be responsible for any work and permits after the date of the letter (7/22/2003).
Date/Time requested: 7/25/2003 11:01 AM Notice Type:
Phone Number:
Access:
Ready Date/Time: 7/25/2003 11:01 AM Requested By:
0 Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid
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1314 Monroe 3 Taken byJohn Zarate
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1314 Monroe 4 Taken b john Za rat e
Violations of at 1314 Monroe
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Violations(s) of at 1314 Mojuoe
1314 Monroe 6 Taken b john Zarate
Violations(s) of at 1314 Monroe
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1314 Monroe 7 Taken b Zarate
Address
verification
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p hoto on1 ,,.,; - 1
No violation in " ��__�
photo
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306 W 17TH AVE COMPLArNT.doc I Taken b Bruce Luedtke
Violation(s) of 17-36B & 30-36A (4)
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Violation(s) of 17-36B & 30-36A (4)
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—I
JAMES J. WILLIAMSON
TIMOTHY M. DEMPSEY GABE BOUCK, 1849 -1904
RONALD L. LAMPS DEMPSEY, WILLIAMSON, LAMPS, YOUNG, KELLY JOHN F. KLUWIN, 1893 -1931
TIMOTHY R. YOUNG & HERTEL LLP GEORGE HILTON, 1885 -1942
JOHN M. KELLY ' WILLIAM C. BOUCK, 1895 -1955
CHARLES J. HERTEL A WISCONSIN LIMITED LIABILITY PARTNERSHIP EDWARD J. DEMPSEY, 1906 -1956
ATTORNEYS AT LAW RAY C. DEMPSEY, 1932 -1960
U.S. BANK PLAZA JOSEPH F. DEMPSEY, 1936 -1972
P.O. BOX 886 JOHN E. DEMPSEY, 1935 -1995
OSHKOSH, WISCONSIN 54903 - 0886 NICHOLAS J. MEEUWSEN, 1970 -1996
LEWIS C. MAGNUSEN, 1946 -1998
BRIAN D. HAMILL OSHKOSH 920/235 -7300 RIPON 920/748 -5415
JULIE M. MASLOWSKI
PETER J. CULP FAX 920 - 235 -2011
July 22, 2003
•
City of Oshkosh
Inspection Department
Attn: John Zarate
215 Church
Oshkosh WI 54901
Re: Permit issued to Paula Smith
1314 Monroe St., Oshkosh, WI
Dear Mr. Zarate:
We are attorneys for Niemuth Concrete Contractors "Niemuth" with respect to the permit issued
as identified above. At the time Niemuth was engaged to excavate, apply tar and visquine to Ms.
Smith's basement wall and backfill the trench, Niemuth had no way of telling that the drain tile
had originally been improperly installed on top of the footing and that the basement wall had
deteriorated to the point where it needed to be replaced entirely. As I understand it, Ms. Smith is
now trying to obtain the installation of a new basement wall from Niemuth without any increase
in her contract price. Niemuth, as you might understand, is unwilling to perform such work free
of charge.
Accordingly, Ms. Smith and Niemuth have agreed to go their separate ways. As I understand it,
you have forbidden Niemuth from backfilling the trench until the basement wall is replaced.
Because Ms. Smith will have to engage a masonry contractor to replace the basement wall, I
would appreciate it if you could remove Niemuth from the outstanding building permit as the
contractor in charge. Could you confirm for me that the building permit will be thus amended?
Thank you.
By copy of this letter to Ms. Smith, I am advising her of this request and warning her that
Niemuth assumes no responsibility for any personal injury or property damage that occurs as a
result of the trench being left unfilled until such time as she makes arrangements to have a new
basement wall installed.
City of Oshkosh
July 22, 2003
Page 2
Should either of you have any questions, please advise.
Very truly yours,
DEMPSEY, WILLIAMSON, LAMPE, YOUNG, KELLY & HERTEL, LLP
S I#\14‘ h
John M. Kelly
JMK:kcs
cc: Niemuth Concrete Contractors
Paula Smith
Building Permit Work Card
Job Address 1314 MONROE ST Permit Number 0102550 Create Date 7/1/2003
Owner STEVEN UPAULA SCHMIDT Contractor NIEMUTH CONCRETE CON
Category 141 - Exterior Remodeling
Type • Building Q Sign 0 Canopy 0 Fence 0 Raze Plan
Zoning Class of Const: Size Value $3,450.00
Unfinished /Basement 0 Sq. Finished /Living 0 Sq. Ft. Garage 0 Sq. Ft.
Ft.
Rooms 0 Bedrooms 0 Baths 0 ❑ Projection]
Stories Height 0 Ft. Canopies 0 Signs 0
Foundation 0 Poured Concrete 0 Floating Slab 0 Pier Q Other
• Concrete Block 0 Post 0 Treated Wood
Occupany Permit Not Required Flood Plain Height Permit
Park Dedication # Dwelling Units 0 # Structures 0
Use /Nature RES/ Repair basement wall (excavate, straighten, tuck point, backfill with 3' of 3/4" clear stone, dirt over
of Work stone. Replace concrete driveway in same location as existing.
HVAC Contr Plumbing Contr
Electric Contr
Inspections:
Date 7/21/2003 Type Foundation Backfill Inspector John Zarate not approved
Date/Time requested: 7/21/2003 07:32 AM Notice Type: Phone Number: 426 - 5176/232 -9221
Access:
Ready Date/Time: 7/21/2003 07:32 AM Requested By: Paula
0 Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid
• Date 7/25/2003 Type Note Inspector John Zarate
A letter was received from the attorneys representing Neimuth Construction to inform the City that Neimuth is no longer working on this
project. The owner will be responsible for any work and permits after the date of the letter (7/22/2003).
Date/Time requested: 7/25/2003 11:01 AM Notice Type: Phone Number:
Access:
Ready Date/Time: 7/25/2003 11:01 AM Requested By:
0 Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid
6CITY OF OSHKOSH No 103424 `
O Ci 91
OSHKOSH BUILDING PERMIT - APPLICATION AND RECORD
ON THE WATER ATE
Job Address 1314 MONROE ST _ Owner STEVEN UPAULA SCHMIDT Create Date 08/04/2003
Designer Contractor ANDERSON BROS INC
Category 141 - Exterior Remodeling Plan
Type • Building 0 Sign 0 Canopy Q Fence Q Raze
Zoning Class of Const: Size
Unfinished/Basement 0 Sq. Ft. Rooms 0 Height 0 Ft. ❑ Projection I
Finished/Living 0 Sq. Ft. Bedrooms 0 Stories Canopies 0
Garage 0 Sq. Ft. Baths 0 Signs 0
Foundation • Poured Concrete 0 Floating Slab 0 Pier 0 Other
0 Concrete Block 0 Post Q Treated Wood
Occupancy Permit Flood Plain Height Permit
Park Dedication # Dwelling Units 0 # Structures 0
Use /Nature SFR/ Replacing the foundation. Estimate on file detailing work.
of Work
■
•
HVAC Contractor Plumbing Contractor
Electric Contractor
Fees: Valuation $4,354.00 Plan Approval $0.00 Permit Fee Paid $40.00 Park Dedication $0.00 1- t ir Issued By: Date 08/11/2003 Final /O.P. 00 /00 /0000
❑ Permit Voided I
In the performs I work 1 agree to perform all work pursuant to rules goveming the described construction.
Signature _ �i j�i/..009- Date ` /`�` Q -
Agent/Owner
Address 2222 WHITE SWAN DR. OSHKOSH WI 54901 - 0000 Telephone Number 233 -4286
To schedule inspections please call the Inspection Request line at 236 -5128 noting the Address, Permit Number, Type of
Inspection (i.e. Footing, Service, Final, etc.), Access into Building if Secure (how do we gain entry), your Name and Phone
Number. Unless specified otherwise, we will assume the project is ready at the time the request is received. Work may
continue if the inspection is not performed within two business days from the time the project is ready.
While the City of Oshkosh has no authority to enforce easement restrictions of which it is not a party, if you perform the work
described in this permit application within an easement, the City strongly urges the permit applicant to contact the easement
holder(s) and to secure any necessary approvals before starting such activity.
�������� Page No. of Page
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®► A
ANDERSON BROS. INC.
Mason Contractor
MASON & CONCRETE CONTRACTORS
2222 WHITE SWAN DR. • OSHKOSH, WI 54901 • (920) 233 -4286
PROPOSAL SUBMITTED TO PHONE - ,x DATE «-y `,*
STREI€T= ; t t- t ' r �' ,.- , r'"' -100,60.4E46 ,.,< ." /t ./'{ { ' /' .. , ,! .J ";
x /
CITATE AND ZI A >./ JOB LO LON7 ':`. ..4 rl, .e w /' c`.:..
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A HIT ECI, ,, ,I 7.; r, >f..=t[..„.;t. . .; D )P/ANS - JOB PHONE
We hereby submit specifications and estimates for:
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F p ,r roprun hereby - to furnish material arid labor ctsmplete in accordance w a specifications, for the sum of: _
Pa men . " f -" - -, &tars ($ ) • e
y t to.be tttas foil 'r - r_
° ' - e -' - t..te:. %""rt C ' t ,' t,� ' a44 2 .,�. 5= r r.. .,..l
All material is guaranteed to be as specified. All work to be completed in a workmanlike
manner according to standard practices. Any alteration or deviation from above specifiea- Authorized
tions involving extra costs will be executed only upon written orders, and will become an Signature ` "'' _t''
., " "`F -
extra charge over and above the estimate. All agreements contingent upon strikes, accidents „'' -- -� �,,,.r .,.. r'•v r` :.:7"e.:-...:,,;;;,:,,,,,-"."......*."--
N ote:1 his proposal `'
or delays beyond our control: Owner to carry fire, tornado and other necessary insurance. may$e '
Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within days.
Arrrptazu r of f rnpnsttt —The above prices, specifications
and conditions are satisfactory and are hereby accepted. You are authorized Signature
to do the work as specified. Payment will be made as outlined above.
\ Date of Acceptance: Signature
j
CITY HALL
Inspection Services Div
215 Church
PO Box v1130 City of Oshkosh
Oshkosh WI
54902 -1130
OIHCOJH
ON THE WATER
Steven Schmidt
1314 Monroe St
Oshkosh, WI 54901
August 27, 2003
Re: Foundation Inspection
Dear Mr. Schmidt,
On July 21, 2003 I was called to do an inspection at your residence of repairs that were
being made to your foundation on the south side of your home. The inspection revealed
several cracks that had been patched and some that had not yet been patched. The
inspection also revealed that some of the block had shifted and not been re- aligned. At
the time of my inspection there was no evidence of any new drain tile or 3 /4" stone for
backfilling the foundation.
Based on the condition of the wall during my inspection I ordered replacement of the
wall or a repair designed by a structural engineer as to what would have to be done to
repair the wall. Subsequently the contractor (Niemuth Concrete Construction) that had a
contract for the repair of the foundation stated he felt this was more involved then what
he originally thought and would not be able to proceed with the job. This office has since
received a statement from the attorney representing Niemuth stating they are no longer
responsible for this job.
I am enclosing copies of digital photos I took the day I made my original inspection.
Please contact me with any questions during my office hours 7:30 — 8:30 am and 12:30 —
1:30 PM Monday — Friday at 236 — 5119.
Sincerely,
9
John Zarate
Building Systems Inspector