HomeMy WebLinkAbout08-7425
A-C KUHN & SON, INC., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : DOCKET NUMBER 09- "671-5 (21u i,???
CIVIL - LAW
JOHN W. GLEIM, JR., INC.
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please issue a Writ of Summons in the above captions action. Writ of Summons
shall be issued and forwarded to:
John W. Gleim, Jr., Inc.
Attn: President
625 Hamilton Street
Carlisle, PA 17013
BAYLEY & MANGAN
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Mark F. Bayley, Esquire
17 West South Street
Carlisle, PA 17013
(717) 241-2446
Supreme Court I.D.#87663
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A-C KUHN & SON, INC., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : DOCKET NUMBER
CIVIL - LAW
JOHN W. GLEIM, JR., INC
WRIT OF SUMMONS
TO: JOHN W. GLEIM, JR., INC.
ATTN: PRESIDENT
You are hereby notified that A-C Kuhn & Son, Inc., has commenced an action
against you.
Date: / ;.1;2 ;.l D S
urtis R. *,Prot7hotary
BY:
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-07425 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
A C KUHN & SON INC
VS
JOHN W GLEIM JR INC
NOAH CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
JOHN W GLEIM JR INC the
DEFENDANT , at 1440:00 HOURS, on the 8th day of January , 2009
at 625 HAMILTON STREET
CARLISLE, PA 17013 by handing to
ROGER BLAIN, PRESIDENT
a true and attested copy of WRIT OF SUMMONS together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
Sworn and Subscibed to
before me this
of
So Answers:
18.00
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.42
10.00 R. Thomas Kline
.00
32.92 01/09/2009
BAYLEY & MANGAN
By
day Deputy Sheriff
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6. . 11
CIPRIANI & WERNER, P.C.
BY: E. Ralph Godfrey, Esquire Attorney for Plaintiff
Attorney I.D. No. 77052
1011 Mumma Road
Suite 201
Lemoyne, PA 17043
(717) 975-9600
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
A-C KUHN & SON, INC.,
Plaintiff,
VS.
JOHN W. GLEIM, JR., INC., ,
Defendant
NO. 2008-7425
CIVIL ACTION - LAW
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of E. RALPH GODFREY, ESQUIRE of CIPRIANI &
WERNER, P.C. as co-counsel for Plaintiff, A-C Kuhn & Son, Inc., in the above matter.
By
Date: 3/2/2009
E. Ralph Godf ey, uire
Attorney I.D. No. 7705
1011 Mumma Road, Ste 201
Lemoyne, PA 17043
(717) 975-9600
Attorney for Plaintiff
CIPRIANI & WERNER, P.C.
%.1-
CERTIFICATE OF SERVICE
AND NOW, this 2nd day of March 2009, I, E. Ralph Godfrey, Esquire, hereby certify
that I served a copy of the within Praecipe to Enter Appearance this day by depositing the same
in the United States mail, postage prepaid, at Lemoyne, Pennsylvania, addressed to:
Mark Bayley, Esquire
Bayley & Mangan
17 West South Street
Carlisle, PA 17013
John W. Gleim Jr., Inc.
c/o Roger Blain, President
625 Hamilton Street
Carlisle, PA 17013
(COURTESY COPY)
Robert Saidis, Esquire
Saidis, Flower & Lindsey
26 West High Street
Carlisle, PA 17013
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CIPRIANI & WERNER, P.C.
BY: E. Ralph Godfrey, Esquire
Attorney I.D. No. 77052
1011 Mumma Road, Suite 201
Lemoyne, PA 17043
(717) 975-9600
BAYLEY & MANGAN
BY: Mark Bayley, Esquire
Attorney I.D. No.
17 West South Street
Carlisle, PA 17013
(717)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
A-C KUHN & SON, INC.,
Plaintiff,
VS.
JOHN W. GLEIM, JR., INC.,
Attorneys for Plaintiff A-C Kuhn & Son, Inc.
NO. 2008-7425
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
(717) 249-3166
-I
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
A-C KUHN & SON, INC.,
Plaintiff,
VS.
JOHN W. GLEIM, JR., INC.,
Defendant
NO. 2008-7425
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes the Plaintiff, A-C Kuhn & Son, Inc., by and through its attorneys,
CIPRIANI & WERNER, P.C. and BAYLEY & MANGAN, and avers as follows:
1. Plaintiff, A-C Kuhn & Son, Inc. ("Plaintiff'), is a Pennsylvania corporation
whose principal place of business is located at 608 Alexander Spring Road, Carlisle, PA 17015.
2. Defendant, John W. Gleim, Jr., Inc. ("Defendant"), is a Pennsylvania corporation
whose principal place of business is located at 625 Hamilton Street, Carlisle, Cumberland
County, PA 17013.
3. At all times material to this complaint, Defendant acted individually and by and
through its duly authorized agents, servants, workmen, and/or employees, acting within the scope
of their authority and/or employment.
4. All of the acts alleged to have been done or not to have been done by Defendant,
were done or not done by said Defendant, its agents, servants, workmen, and/or employees,
acting in the course and scope of their employment with and/or on behalf of said Defendant.
5. On June 10, 2003, Plaintiff and Gary and Cheryl Rosenstrauch ("Rosenstrauchs")
entered into an agreement ("Contract") for the construction of a trailer repair facility located at
575 McCarty Drive, Lewisberry, Fairview Township, PA 17339 ("Premises"). A copy of the
Contract is attached hereto and incorporated herein as Exhibit "A." (Also referred to as
"Project")
6. In accordance with the Contract, Plaintiff retained the services of an engineer to
design a Land Development Plan ("Plan") for the Premises. The Plan consisted of ten (10)
pages, a Title sheet, an Existing Topographic/Boundary Survey Plan, A Site Plan, a Grading and
Utilities Plan, a Soil and Sedimentation Plan, and Storm Sewer & Sanitary Profiles, which
includes: Construction Details "A", Construction Details "B", Construction Details "C", a Phase
I Lighting Plan, and a Phase II Lighting Plan. A copy of the Land Development Plan is attached
hereto and incorporated herein as Exhibit "B".
7. In accordance with the Contract, Plaintiff's engineer prepared a Stormwater
Management Plan and a Post Construction Stormwater Management Plan. A copy of the
Stormwater Management Plan and Post Construction Management Plan is attached hereto and
incorporated herein as Exhibit "C".
8. On December 1, 2003, Fairview Township approved the Preliminary/Final Land
Development Plan for the Rosenstrauchs, and the Fairview Township engineer signed the Plan
on December 29, 2003.
9. Sheet No. 2, Existing Topographic/Boundary Survey, of the Plan shows that the
pre-construction storm water runoff went to the downhill, neighboring Spears Manufacturing Co.
("Spears") property.
10. Sheet No. 2 of the Plan shows that the elevation of the Premises starts at 562' and
ends at 536'.
11. Sheet No. 3 of the Plan shows that the storm water coming from the upstream
property was to run into a swale causing a surface flow to Retention Pond No. 1 and No. 2.
12. The storm water directed to Retention Pond No. 2 was to be released through an
18", 30 foot long pipe, which then was dissipated by R4 rip/rap rock.
13. The release rate of the storm water in Retention Pond No. 2 was controlled
through an 8' orifice. The design of Retention Pond No. 2 was to release storm water at a slower
rate than the pre-construction rate.
14. Pursuant to a proposal dated December 16, 2003, Plaintiff retained the services of
Defendant to supervise, oversee, manage and perform the excavation work for the Project,
including the construction of Retention Pond No. 2. A copy of the Proposal dated December 16,
2003 is attached hereto and incorporated herein as Exhibit "D".
15. Plaintiff, in accordance with the Contract, paid Defendant $135,967.75 for the
excavation work and construction, which included Retention Pond No. 2.
16. The Project was completed in the month of July, 2004, and the Rosenstrauchs
took possession of the repair facility during that month.
17. On or about April 18, 2005, Brad Swidler notified the Rosenstrauchs about an
erosion problem and that storm water had overflowed Retention Pond No. 2 and was draining at
an uncontrolled rate onto the Spears property.
18. The Rosenstrauchs had the overflow problem with Retention Pond No. 2
investigated by their engineer, Chris Hoover, P.E. Mr. Hoover's investigation revealed that
Retention Pond No. 2 had only been built to one-third of the required size as required by the
Plan.
19. On or about March 30, 2007, the Rosenstrauchs initiated arbitration in
accordance with the terms and conditions of the Contact for the negligent, improper construction
of Retention Pond No. 2. A copy of the Demand for Arbitration is attached hereto and
incorporated herein as Exhibit "E".
20. The Rosenstrauchs claimed in the arbitration that Retention Pond No. 2 was not
constructed to the proper size as designed for in the Plan. As a result, the Rosenstrauchs claimed
that they were required to install 300' of piping in order to correct the uncontrolled flooding
problem. The Rosenstrauchs demanded payment of their costs and expenses in the amount of
$42,925.61, plus interest from Plaintiff as a result of Retention Pond No. 2 not being built to the
designed size.
21. On or about July 27, 2007, Plaintiff retained the service of Brehm-Lebo Engineers
to investigate the storm water, overflow problem with Retention Pond No. 2. Brehm-Lebo's
investigation confirmed the findings of Rosenstrauchs' engineer. Brehm-Lebo's investigation
determined that Retention Pond No. 2 had only been constructed to one-third the designed size.
22. Despite Retention Pond No. 2 only being built to one-third the required size,
Plaintiff contended that the costs and expenses demanded by the Rosenstrauchs were excessive
and not necessary to correct the storm water overflow problem.
23. On or about August 2, 2007, the arbitration between Plaintiff and the
Rosenstrauchs was held.
24. On or about September 5, 2007, the arbitrator awarded the Rosenstrauchs
$13,673.31 in damages, plus costs of $1,700.00, for a total of $15,373.31. A copy of the
arbitration award is attached hereto and incorporated herein as Exhibit "F". In addition to the
arbitration award, Plaintiff incurred the following expenses:
a. Legal fees: $29,187.80;
b. Expert fees: $9,328.60; and
c. Employee expense: $3,468.00.
The total amount of damages, expenses and costs incurred by Plaintiff for defending the action
brought by the Rosenstrauchs as a result of Defendant's failure to properly build and construct
Retention Pond No. 2 in accordance with the Plan was in excess of $57,357.71 (Collectively
referred to as "Settlement Costs").
25. Plaintiff has satisfied the arbitration award and has paid all other litigation costs
listed in Paragraph 24. As a result, Plaintiff has sustained damage and injury in the amount of
the Settlement Costs, which was a direct and proximate result of Defendant's failure to properly
build and construct Retention Pond. No. 2 in accordance with the Contract and Plan.
COUNT I - BREACH OF CONTRACT
26. Plaintiff incorporates paragraphs 1 through 25 of this complaint as if set forth at
length.
27. A written contract existed between Plaintiff and Defendant whereby Defendant
agreed to excavate and construct Retention Pond No. 2 in accordance with the Contract and the
incorporated Plan as designed by Plaintiffs engineer and approved by Fairview Township.
28. Plaintiff had an implied covenant to furnish its best skill and judgment, to perform
the work in a good and workman like manner, to conform its work to the normal industry
standard, to conform its work to the terms and conditions of the Contract and incorporated Plan,
and to exercise reasonable care while undertaking its contractual obligations.
29. Defendant breached the Contract and the implied covenants by failing to properly
build Retention Pond No. 2 to the required size as provided for in the Contract and Plan, by
failing to perform its work in a workmanlike manner; failing to conform its work to the industry
standard; failing to perform its contractual obligations in accordance with the Contract and Plan;
and improperly notifying the Plaintiff and governmental agencies that Retention Pond No. 2 had
been properly constructed, when in fact it had only been built to one-third the required size.
30. Defendant breached its affirmative duty by failing to disclose to Plaintiff that
Retention Pond No. 2 had not been built to the proper size as required by the Plan.
31. As a direct and proximate result of Defendant's breach of the Contract, including
the Plan, and covenants, Plaintiff was damaged in the amount of the Settlement Costs, in a total
amount to be proven at trial, which exceeds the limit for mandatory arbitration under the local
rules of this Court.
32. Plaintiff performed all obligations on its part to be performed under the Contract
with Defendant.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment
in its favor and against Defendant for damages in an amount that exceeds the limit for mandatory
arbitration in this Court, plus interest, costs and such other and further relief as the Court deems
just and proper.
COUNT II - NEGLIGENCE
33. Plaintiff incorporates paragraphs 1 through 32 of this complaint as if set forth at
length.
34. In the alternative, to the extent that a contractual relationship is not found to exist
between the Plaintiff and Defendant, Plaintiff avers that it was owed a duty of care by Defendant
that was breached when Defendant failed to properly construct Retention Pond No. 2 in
accordance with the Plan.
35. Defendant had a duty to exercise reasonable care in performing its obligations as
required by the Plan, to properly construct Retention Pond No. 2 in accordance with the Plan, to
perform its work in a workmanlike manner; to properly train and supervise its employees; to
perform a post-construction site verification in order to determine that Retention Pond No. 2 had
been built to the required size; and to use proper skill and judgment when performing its work.
36. Defendant breached its duty of care and was negligent, careless and reckless as
follows:
a. when it constructed Retention Pond No. 2 to only one-third of the required
size;
b. by failing to exercise reasonable care in performing its obligations required
by the Contract;
C. by failing to perform its work in a workmanlike manner;
d. by failing to properly train and supervise employees;
e. by failing to perform a post-construction verification in order to determine
that Retention Pond No. 2 had been built to the designed size;
f. by improperly notifying Plaintiff and governmental agencies that
Retention Pond No. 2 had been properly constructed, when in fact Retention Pond No. 2 had
only been constructed to one-third the required size; and
g. by failing to use proper skill and judgment in the construction of Retention
Pond No. 2.
37. The Settlement Costs were caused directly, proximately and/or substantially by the
carelessness, negligence, and/or recklessness of Defendant by failing to construct Retention Pond
No. 2 in accordance with the Plan, in a total amount to be proven at trial that exceeds the limit of
mandatory arbitration under the local rules of this Court.
38. Moreover, Plaintiff seeks indemnification, reimbursement and/or contribution for
the Settlement Costs.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment
in its favor and against Defendant for damages in an amount that exceeds the limit for mandatory
arbitration in this Court, plus interest, costs and such other and further relief as the Court deems
just and proper.
COUNT III - INDEMNITY
39. Plaintiff incorporates paragraphs 1 through 38 of this complaint as if set forth at
length.
40. Defendant is alone liable for all losses and damages resulting from the improper
construction of Retention Pond No. 2.
41. Defendant has an express or implied obligation to indemnify and reimburse
Plaintiff and is, therefore, liable over to Plaintiff for payment of the Settlement Costs, in a total
amount to be proven at trial that exceeds the limit for mandatory arbitration under the local rules
of this Court.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment
in its favor and against Defendant for damages in an amount that exceeds the limit for mandatory
arbitration in this Court, plus interest, costs and such other and further relief as the Court deems
just and proper.
COUNT IV - UNJUST ENRICHMENT
42. Paragraphs 1 through 41 are incorporated herein by reference as if set forth in their
entirety.
43. Defendant would be unjustly enriched if it was not required to reimburse Plaintiff in
the amount of the Settlement Costs, which was a direct result of Defendant's failure to properly
construct and build Retention Pond No. 2 in accordance with the Plan.
44. The payment of the Settlement Costs made by Plaintiff enriched Defendant.
Defendant received an economic benefit from Plaintiff since Defendant was not required to spend
its own monetary funds in defending the action brought by the Rosenstrauchs.
45. Plaintiff's payment to Defendant was based upon Defendant's agreement to build
Retention Pond No. 2 to the required size as provided for in the Plan. IN addition to the settlement
costs, Defendant has been enriched and has received an overpayment from Plaintiff since it failed to
properly build Retention Pond No. 2 to the correct size.
46. Said enrichment would be unjust if Defendant was not required to pay the
Settlement Costs and return the overpayment for the deficient construction of Retention Pond No. 2
to Plaintiff.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment
in its favor and against Defendant for damages in an amount that exceeds the limit for mandatory
arbitration in this Court, plus interest, costs and such other and further relief as the Court deems
just and proper.
CIPRIANI &
Date: V, 13 - C)
Date:
By
E. Ralph Godfr,
Attorney I.D. . 70:
1011 Mumma oad,
Lemoyne, PA 17043
(717) 975-9600
Attorneys for Plaintiff
A-C Kuhn & Son, Inc.
BAYLEY & MANGAN
By
Mark Bayley, Esqufitl'
Attorney I.D. No.
17 West South Street
Carlisle, PA 17013
Attorneys for Plaintiff
A-C Kuhn & Son, Inc.
VERIFICATION
I, Albert C. Kuhn, President of A-C Kuhn & Son, Inc., hereby certify that the facts set
forth in the foregoing Complaint are based upon information that we have furnished to counsel,
as well as upon information that has been gathered by counsel and/or others acting on my behalf
in this matter. The language of the Complaint is that of counsel and not our own. We have read
the Complaint, and to the extent that it is based upon information that we have given to counsel,
it is true and correct to the best of our knowledge, information, and belief. To the extent that the
content of the Complaint is that of counsel, we have relied upon such counsel in making this
Verification. We hereby acknowledge that the facts set forth in the aforesaid Complaint are
made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to
authorities.
Bert C. Kuhn, President
Date: ?113 1c) 7
Exhibit A
Contract Agreement between Owner & Contractor
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AGREEMENT made as of the / 1 ' day of-7,/.,?If in the year of 200 5
BE'T'WEEN the Owner. Gary Rosenstrauch and Cheryl Rosenstrauch of 2208 Dover
Road, Harrisburg, Pa. 17112
and the Contractor. A-C Kahn & Son, Inc. of 608 Alexander Spring Road, P.O. Box 121,
Carlisle, Pa_ 17013
the Project: New trailer repair facility, Fairview Township-575 McCarthy Drive, Lewisberry, Pa.
17339
The Owner and the Contractor agree as set forth below.
ARTICLE 1
THE WORK
1.1 The Contractor shall perform all of the work required by the Contract Documents for....
Construct new pre-engineered metal building w/ masonry 80'xl00'x24' clear inside height
for a trailer repair facility including local submittals and approvals and Labor & Industry
approvals as per drawings and specifications attached-
ARTICLE 2
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
2.1 The work to be performed under this Contract shall be commenced *A June 1, 2003 and,
subject to authorized adjustments, Substantial Completion shall be achieved not later than
-December 31, 2003. Construction schedule based on proper weather to achieve completion
date.
ARTICLE 3
CONTRACT SUM
3.1 The Owner shall pay the Contractor in current funds for the performance of the work, subject
to additions and deductions by Change Order as provided in the Contract Documents, the
Contract Sum of $400,522.00 (as per fax dated 5/13/03) Four Hundred Thousand Five
Hundred Twenty-two 00/100 Dollars------------------
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ARTICLE 4
PROGRESS PAYMENTS
4.1 Based upon Applications for Payment submitted to the Owner, the Owner shall make
progress payments on account of the Contract Sum to the Contractor as provided in the Contract
Documents for the period ending the 30th day of the month as follows:
a. $15,000.00 upon signing of contract
b. $45,000.00 upon ordering of pre-engineered metal building
c. $10,000.00 upon engineer submitting preliminary/final plan
d. $20,000.00 upon Contractor mobilization & layout
e. $25,000.00 upon Contractor starting actual work on site
NOTE: payments a. thru e. will be made prior to July 25, 2003
f. Balance of contract will be invoiced on a percent of completion basis
4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date
payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at
the place of the Project.
ARTICLE 5
FINAL PAYMENT
5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by
the Owner to the Contractor when the work has been completed, including any punch list, the
Contract fully performed.
ARTICLE 6
ENUMERATION OF CONTRACT DOCUMENTS
6.1 The Contract Documents, which constitute the entire agreement between the Owner and the
Contractor, are listed in Article 7 and, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
Drawing #1- sketch of site plan
Drawing #2- sketch of floor plan
Specifications- page 1,2,3
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M U NUMI of .3U11 •.1..
GENERAL. CONDITIONS
ARTICLE 7
CONTRACT DOCUMENTS
7.1 The Contract Documents consist of this Agreement with General Conditions, Supplementary
and other Conditions, the Drawings, the Specifications, all Addenda issued prior to the execution
of this Agreement, and all Modifications issued after execution of the Contract such as Change
Orders, written interpretations and written orders for minor changes in the Work. The intent of
the Contract Documents is to include all items necessary for the proper execution and completion
of the Work. The Contract Documents are complementary, and what is required by any one shall
be as binding as if required by all. Work not covered in the Contract Documents will not be
required unless it is consistent therewith and reasonable inferable therefrom as being necessary to
produce the intended results.
7.2 Nothing contained in the Contract Documents shall create any contractual relationship
between the Owner and any Subcontractor.
7.3 By executing the Contract, the Contractor represents that he has visited the site and
familiarized himself with the local conditions under which the Work is to be performed.
7.4 The Work comprises the completed construction required by the Contract Documents and
includes all labor necessary to produce such construction, and all materials and equipment
incorporated or to be incorporated in such construction.
ARTICLE 8
OWNER
8.1 The Owner shall fim ish all drawings available and a legal description of the site or lot.
8.2 Except as provided in Contract, the Owner shall secure and pay for necessary approvals,
easements, assessments and charges required for the construction, use or occupancy of permanent
structures or permanent changes in existing facilities:
8.3 If the Contractor fails to correct defective Work or persistently fails to carry out the Work in
accordance with the. Contract Documents, the Owner, by a written order, may order the
Contractor to stop the Work, or any portion thereof until the cause for such order has been
eliminated.
ARTICLE 9
CONTRACTOR
9.1 The Contractor shall supervise and direct the Work, using his best skill and attention and he
shall be solely responsible for all construction means, methods, techniques, sequences and
procedures and for coordinating all portions of the Work under the Contract.
9.2 Unless otherwise specifically provided in the Contract Documents, the Contractor shall
provide and pay for all labor, materials, equipment. tools, construction equipment and machinery,
water, heat, utilities, transportation, and other facilities and services necessary for the proper
execution and completion of the Work, whether temporary, or permanent and whether or not
incorporated or to be incorporated in the Work.
9.3 The Contractor shall at all times enforce strict discipline and good order among his
employees and shall not employ on the work any unfit person or anyone not skilled in the task
assigned to him.
9.4 The Contractor warrants to the Owner that all materials and equipment incorporated in the
Work will be now unless otherwise specified, and that all work will be of good quality, free from
faults and defects and in conformance with the Contract Documents. All work not conforming to
these requirements may be considered defective.
9.5 Unless otherwise provided in the Contract Documents, the Contractor shall pay all sales,
consumer, use and other similar taxes which are legally enacted at the time bids are received, and
shall sccure and pay for the building permit and for all other permits and governmental fees,
license and inspections necessary for the proper execution and completion of the work.
9.6 The Contractor shall give all notices and comply with all laws, ordinances, rules , regulations,
and lawful orders of any public authority bearing on the performance of the Work, and shall
promptly notify the Architect if the Drawings and Specifications are at variance therewith.
9.7 The Contractor shall be responsible to the Owner for the acts and omissions of his employees,
Subcontractors, and their agents and employees, and other persons performing any of the work
under a contract with the Contractor.
9.8 The Contractor shall review, approve all shop drawings, product data and samples required by
the Contract documents. The work shall be in accordance with approved submittals.
9.9 The Contractor at all times shall keep the prcmiscs free from accumulation of waste materials
or rubbish caused by his operations. At the completion of the work he shall remove all his waste
materials and rubbish from and about the project as well as his tools, construction equipment,
machinery and surplus materials.
9.10 The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for
infringement of any patent rights and shall save the Owner harmless from loss on account thereof.
9.11 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the
Owner against all claims, damages, losses and expenses, including but not limited to attorney's
flees arising out of or resulting from the performance of the work, provided that any such claim,
damage, loss or expense is attributable to bodily injury, sickness, disease or deaths or to injury to
or destruction of tangible property (other than the work itself) including to loss of use resulting
therefrom and is caused in whole or in part by any negligent act or omission of the Contractor,
any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose
acts any of them may be liable, regardless of whether or not it is caused in part by a party
May 28 u3 u4:.jj!P h L KUM11 & mull 11\l. /it U- .I uA 1-...
indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise
reduce any other right or obligation of indemnity which would otherwise exist as to any party or
person described in this Paragraph 9.11. In any and all claims against the Owner by any employee
of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, the indemnification obligation under this
paragraph 9.11 shall not be limited in any way by any limitation on the amount or type of
damages,.compensation or benefits payable by or for the Contractor or any Subcontractor under
workers' or workman's compensation acts, disability benefit acts or other employee benefits acts.
ARTICLE 10
SUBCONTRACTOR
10.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to
perform any of the Work at the site.
10.2 The Contractor shall not employ any Subcontractor to whom the Owner may have a
reasonable objection. The Contractor shall not be required to contract with anyone to whom he
has a reasonable objection. Contracts between the Contractor and the Subcontractors shall (1)
require each Subcontractor, to the extent of the Work to be performed by the Subcontractoi, to
be bound to the Contractor by the terms of the Contract Documents, and to assume toward the
Contractor all the obligations and responsibilities which the Contractor, by these Documents,
assumes toward the Owner and (2) allow to the Subcontractor the benefit of all rights, remedies
and redress afforded to the Contractor by these Contract Documents.
ARTICLE 11
WORK BY OWNER OR BY
SEPARATE CONTRACTORS
11.1 The Owner reserves the right to perform work related to the Project with his own forces,
and to award separate contracts in connection with other portions of the Project or other work on
the site under these or similar Conditions of the Contract. If the Contractor claims that delay or
additional cost is involved because of such action by the Owner, he shall make such claim as
provided elsewhere in the Contract Documents.
11.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for
the introduction and storage of their materials and equipment and the execution of their work, and
shall connect and coordinate his Work with theirs as required by the Contract Documents.
113 Any costs caused by defective or ill-timed work shall be borne by the party responsible
therefor.
('lay Cn u.7 u-r: J C F n L. r ug i a ..... _ - _ - -
ARTICLE 12
MISCELLANEOUS PROVISIONS
12.1 The Contract shall be governed by the law of the place where the Project is located.
12.2 All claims or disputes between the Contractor and the Owner arising out of, or relating to,
the Contract Documents or the breach thereof shall be decided by arbitration in accordance with
the Constriction Industry Arbitration Rules of the American Arbitration Association then
obtaining unless the parties mutually agree otherwise. Notice of the demand for arbitration shall
be filed in writing with the other party to the Owner-Contractor Agreement and with each parties
attorneys and shall be made within a reasonable time after the dispute has arisen. The award
rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof. Except by written consent of the person or
entity sought to be joined, no arbitration arising out of or relating to the Contract Documents
shall include, by consolidation, joined or in any other manner, any person or entity not a party to
the agreement under which such arbitration arises, unless it is shown at the time the demand for
arbitration is filed that (1) such person or entity is substantially involved in a common question of
fact or law, (2) the presence of such person or entity is required if complete relief is to be
accorded in the arbitration, (3) the interest or responsibility of such person or entity in the matter
is not. insubstantial. The agreement herein among the parties to the Agreement and any other
written agreement to arbitrate referred to herein shall be specifically enforceable under the
prevailing arbitration law.
ARTICLE 13
TIME
13.1 All time limits stated in the Contract Documents are of the essence of the Contract. The
Contractor shall expedite the Work and achieve Substantial Completion within the Contract Time.
13.2 If the Contractor is delayed at any time in the progress of the Work by changes ordered in
the Work, by labor disputes, fire, unusual delay in transportation, adverse weather conditions not
reasonably anticipatable, unavoidable casualties, or any causes beyond the Contractor's control,
then the Contract Time shall be extended by Change Order for such reasonable time.
ARTICLE 14
PAYMENTS AND COMPLETION
14.1 Payments shall be made as provided in Article 4 and Article 5 of this Agreement.
14.2 Payments may be withheld on account of (1) defective work not remedied, (2) claims filed,
(3) failure of the Contractor to make payments properly to Subcontractors or for labor, materials,
or equipment, (4) damage to the Owner or another contractor, or (5) persistent failure to carry
out the Work in accordance with the Contract Documents.
14.3 Final payment shall not be due until the Contractor has delivered to the Owner a complete
release of all liens arising out to this Contract or receipts in full covering all labor, materials and
equipment for which a lien could be filed, or a bond satisfactory to the Owner indemnifying him
against any lien. If any lien remains unsatisfied after all payments are made, the Contractor shall
,.ate - .. vv,- .. _ ._._...- - - -
refund to the Owner all moneys the latter may be compelled to pay in discharging such lien,
including all costs and reasonable attorneys' fees.
14.4 The snaking of final payments shall constitute a waiver of all claims by the Owner except
those arising from (1) unsettled liens, (2) faulty or defective Work appearing after Substantial
Completion, (3) failure of the Work to comply with the requirements of the Contract Documents,
or (4) terms of any special warranties required by the Contract Documents. The acceptance of
final payment shall constitute a waiver of all claims by the Contractor except those previously
made in writing and identified by the Contractor as unsettled at the time of the final Application
for Pavsnent.
ARTICLE 15
PROTECTION OF PERSONS AND PROPERTY
15.1 The Contractor shall be responsible for initiation, maintaining, and supervising all safety
precautions and programs in connection with the. Work. He shall take all reasonable precautions
for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to
(1) all employees on the Work and other persons who may be affected thereby, (2) all the Work
and all materials and equipment to be incorporated therein, and (3) other property at the site or
adjacent thereto. He shall give all notices and comply with all applicable laws, ordinances, rules,
regulations and orders of any public authority bearing on the safety of persons and property and
their protection form damage, injury or loss. The Contractor shall promptly remedy all damage or
loss to any property caused in whole or in part by the Contractor, any Subcontractor, any
Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for
whose acts any of them may be liable, except damage or loss attributable to the acts or. omissions
of the Owner or Architect or anyone directly or indirectly employed by. either of them or by
anyone for whose acts either of them may be liable, and not attributable to the fault or negligence
of the Contractor. The foregoing obligations of the Contractor are in addition to his obligations
under Paragraph 9.11.
ARTICLE 16
INSURANCE
16.1 Contractor's liability insurance shall be purchased and maintained by the Contractor to
protect him from claims udder workers' or workmen's compensation acts and other employee
benefit acts, claims for damages because of bodily injury, including death, and from claims for
damages, other than to the Work itself, to property which may arise out of or result from the
Contractor's operations under this Contract, whether such operations be by himself or by any
Subcontractor or anyone directly or indirectly employed by any of them This insurance shall be
written for not less than any limits of Iiability specified in the Contract Documents, or required by
law, whichever is the greater, and shall include contractual liability insurance applicable to the
Contractor's obligations under Paragraph 9.11. Certificates of such insurance shall be filed with
the Owner prior to the consmencement of the Work.
16.2 The Owner shall be responsible for purchasing and maintaining his own liability insurance
and, at his option, may maintain such insurance as will protect him against claims which may arise
from operations under the Contract.
May 28 03 04: 33p H L KUHN & 5UN 111U i i i c-+.3 a i UZ)
16.3 Unless otherwise provided, the Owner shall purchase and maintain property insurance upon
the entire Work at the site to the full insurable value thereof. This insurance shall include the
interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work and
shall insure against the perils of fire and extended coverage and shall include "all risk" insurance
for physical loss or damage including, without duplication of coverage, theft, vandalism, and
malicious mischief.
16.4 Any loss insured under Paragraph 16.3 is to be adjusted with the Owner and made payable
to the Owner as trustee for the insureds, as their interests may appear, subject to the requirements
of any mortgagee clause.
16.5 The Owner shall file a copy of all policies with the Contractor before any exposure to loss
may occur.
16.6 The Owner and Contractor waive all rights against each other for damages caused by fire or
other perils to the extent covered by insurance obtained pursuant to this Article or any other
property insurance applicable to the Work, except such rights as they may have to the proceeds of
such insurance held by the Owner as trustee. The Contractor shall require similar waivers in favor
of the Owner and the Contractor by Subcontractors and Sub-subcontractors.
ARTICLE 17
CHANGES IN THE WORK
17.1 The Owner, without invalidating the Contract, may order Changes in the Work consisting
of additions, deletions, or modifications, the Contract Sum and the Contract Time being adjusted
accordingly. All such changes in the Work shall be authorized by written Change Order signed by
the Owner.
17.2 The Contract Sum and the Contract Time may be changed only by Change Order.
17.3 The cost or credit to the Owner from a change in the Work shall be determined by mutual
agreement.
ARTICLE 18
CORRECTION OF WORK
18.1 The Contractor shall promptly correct any Work rejected by the Owner as defective or as
failing to conform to the Contract Documents whether observed before or after Substantial
Completion and whether or not fabricated, installed or completed, and shall correct any Work
found to be defective or nonconforming within a period of one year from the Date of Substantial
Completion of the Contract or within such longer period of time as may be prescribed by law or
by the terms of any applicable special warranty required by the Contract Documents. The
provisions of this Article 18 apply to Work done by Subcontractors as well as to Work done by
direct employees of the Contractor.
May 28 03 04:34p R C KUHN a SON INC 717 243 8105 p.10
ARTICLE 19
TERMINATION OF THE CONTRACT
19.1 If the Owner fails to make payment thereon fora period of thirty days, the Contractor may,
upon seven additional days' written notice to the Owner terminate the Contract and recover from
the Owner payment for all Work executed and for any proven loss sustained upon any materials,
equipment, tools, and construction equipment and machinery, including reasonable profit and
damages applicable to the Project.
19.2 If the Contractor defaults or persistently fails or neglects to carry out the Work in
accordance with the Contract Documents or fails to perform any provision of the Contract, the
Owner, after seven days' written notice to the Contractor and without prejudice to any other
remedy he may have, may make good such deficiencies and may deduct the cost thereof from the
payment then or thereafter due the Contractor.
ARTICLE 20
OTHER CONDITIONS OR PROVISIONS
'Jo* of the day and year first written above.
'his Agreement entered in
CONTRACTOR
m am 4m uJ u-r: z"V n ?. Murl" a 1.1... .. . - .., r. _
GARY ROSENSTRAUCH & CHERYL ROSENSTRAUCH
SPECIFICATIONS 05/13/03
1. Excavate for footers and piers, earth excavation only as per drawings
.2. Furnish and install column piers and reinforcing as per metal building engineer (height
of piers based on 36" footer depth)
3. Furnish and install 4" crushed stone compacted under concrete floor slab
4. Furnish and install 6x6xl0xl0 welded wire mesh in concrete floor slab
5. Install 6" thick concrete floor slab (3,500 p.s.i.) troweled to smooth finish
6. Furnish and install Pre-engineered metal building
80'xl00'x24' clear inside height
designed for BOCA 1996 code
minimum roof live load 30 p.s.f
design wind velocity 70 mph
ground snow load 35 p.s.f.
24 ga. galvalume standing seam roof
preminumn 70 archeticural wall panels above 7' masonry on sidewalls
finish trim, gutters' & downspouts
6" WMP-10 roof insulation
4"WW-10 wall insulation
7. Furnish and install eight (8) 14'x14' overhead doors
insulated metal doors w/ vision window
standard lift, manual operation
8. Furnish and install two (2) 3-0 x 6-8 exterior metal doors w/ panic hardware and
closures
9. Furnish and install Interior partition layout as per drawing. Interior partitions metal
studs.
10. Furnish and install 1/2" drywall on interior partitions, painted 2 coats latex paint
11. Furnish and install Interior doors- metal frames and metal doors w/ standard locksets
(2 units with 2x2 wire glass)
12. Furnish and install 2'x4' acoustical (fissured) ceiling in offices and restrooms. 6"
fiberglass insulation installed above ceiling tile
13. Furnish and install three (3) Andersen casement windows in offices (allowance
$300.00 per window.
ria? co u? ?T..,?p. .. ,., ,.. ..?.. ..... . - • - •- ---- -
Page #2
14. Furnish and install electrical service- 400 amp 3 phase, overhead service. Standard
office layout of lighting and receptacles, including 2x4 fluorescent fixtures as follows- 2 in
Managers office, 3 in Open office, 3 in Breakroom, 2 in Men's restroom, 1 in Women's
restroom, incadescent lighting in shower room and janitors room
No data or telephone wiring included
15- 400 w. metal halide overhead lights as per drawing in shop area
Double duplex receptacles (110 v.) at each overhead door interior and on center
support column in shop area. 4 double duplex receptacles (110 v.) on each side of shop
area One (1) Duplex receptacle on each wall of managers office, six (6) duplex
receptacles on open office, one (1) duplex receptacle on each wall of breakroom and one
(1) GFI receptacle at sink area, two (2) GFI receptacles in men's restroom, one (1) GFI
receptacle in women's restroom, one (1) GFI receptacle in janitors room. One (1) double
duplex receptacle in compressor area.
Four (4) wall packs on exterior of building for exterior lighting
Two (2) lighted exit signs (one each at exit man doors)
No emergency lighting included
15. Furnish and install HVAC- heat pump unit w/ gas Propane fired furnace backup in
office area including all ducts and ceiling diffusers. Furnish and install 4 gas fired blower
units in shop area. Propane tank furnished by Propane supplier at no additional cost to
contractor. Propane gas furnished by others.
16. Furnish and install plumbing as per drawing (restroom ADA accessible) Standard
shower included. White fixtures. (Bradley sink to be supplied by others). Extend waste
line through building to allow for future expansion. Plumbing price based on correct
elevation of building to allow gravity flow into existing public sewer.
17. Furnish and install 8" split face masonry units on exterior of building 7' high on sides
of building and to peak of roof on front. Rear of building to have standard 8" masonry
block units to peak of roof
18. Furnish and install Drive from street w/ parking area as per drawing
6" stone base with 3" binder and 2" ID3 top
19. Furnish and install Fire extinguishers as per code
20. Furnish and install Two (2) 6" protection posts inside and outside at each overhead
door and 2 posts at air compressor. Protections posts painted safety yellow.
21. Furnish and install 6" concrete curb around penuiter of blacktop as per township
regulations.
22. Allowance for Floor covering in office/restroom area $1,000.00.
May 28 03 U4: j5p H U Ku"ll IN null 1111-
Page - -
#3
23. Furnish and apply concrete sealer to concrete floor in shop area upon installation of
floor.
24. 2 x 10 wood ceiling joist installed over office/restroom area. 1/2" CDX plywood
.installed on ceiling joist over office/restroom area. (NOTE: Area over office/restrooms
is not designed for storage.) -
25. Construct base and structure for future sign at front of property (sign furnished by
others)
26. Engineering fees including:
property survey
Topographic survey
site development plan
storm water management plan
Erosion and sediment control plan
layout for water & sewer connections
Final grading plan
Representation at Township Review meetings
Labor & Industry plans (steel building certified plans by others)
Representation at Labor and Industry review
Typical footing & pier drawings
ITEMS NOT INCLUDED IN CONTRACT DOCUMENTS
a. Lot grading and excavation, rock removal, storm water management facilities, seeding
& landscaping
b. Township & local fees
c. Water & sewer connection and tap-on fees
d. Utility fees
May 28 03 04:34p R C KUHN a SON INC 717 243 810b
ARTICLE 19
TERMINATION OF THE CONTRACT
19.1 If the Owner fails to make payment thereon for a period of thirty days, the Contractor may,
upon seven additional days' written notice to the Owner terminate the Contract and recover from
the Owner payment for all Work executed and for any proven loss sustained upon any materials,
equipment, tools, and construction equipment and machinery, including reasonable profit and
damages applicable to the Project.
19.2 If the Contractor defaults or persistently fags or neglects to carry out the Work in
accordance with the Contract Documents or fails to perform any provision of the Contract, the
Owner, after seven days' written notice to the Contractor and without prejudice to any other
remedy he may have, may make good such deficiencies and may deduct the cost thereof; from the
payment then or thereafter due the Contractor.
ARTICLE 20
OTHER CONDITIONS OR PROVISIONS
This Agreement entered into as of the day and year first written above.
P. iU
OWNER CONTRACTOR
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Exhibit C
Post Construction Stormwater Management Plan
And
Operation and Maintenance Plan
For
Rosenstrauch Truck Repair Facility
Fairview Township, York County
copy
September 8, 2003
Post Construction Stormwater Management Plan (PCSM Plan)
The project involves the development of a 1.88 acre site in the Fairview Industrial Park.
The construction involves an 8,000 square foot building for trailer repair with access and
parking areas. The majority of the site will be re-graded at slopes less than 4%. A
stormwater facility will be provided at both the front and rear of the property to control
runoff from the site.
The ponds have been sized to store the excess runoff from the 2 year/24 hour storm and
then to attenuate the peak runoff from the 2, 10 and 25 year storms. The emergency
spillways are sized to pass the 25 year storm.
Areas not stabilized with paving will be seeded and mulched.
The owner will be responsible to maintain the stormwater management facilities during
and after construction. The outlet structure shall be inspected on a regular basis. A swale
is located along the east side of the building to divert off-site runoff to the pond. This is a
v-swale with a flat longitudinal grade to encourage infiltration of runoff. The Swale will
inspected and repaired as needed (regrade, reseed).
Supporting calculations are attached.
60% of the site will be impervious at the completion of the second phase of construction
- the pond is designed to accommodate this ultimate buildout.
°YA c factor of .4 was used for the pre-developed condition. A c factor of .62 was
calculated for the site after the completion of the second phase (60% impervious area).
Runoff calculations are provided. 1178 cf of storage is provided in pond 1. 722 cf of
storage is provided in pond 2. This is greater than the amount of runoff estimated for
either pond (831 and 622 cf, respectively).
The post-developed flows are reduced to 0.57 cfs and 2.06 cfs by the pond (inflow 4.1
and 7.8 for the 2 year 24 hour storm).
Rational Formula Hvdrograph
SCS 24 - Hour Storm Distribution
2 Year, Type 2 Rainfall: 3.10 inches at DA ! Pre
Time of Concentration: 9 min.
Drainage Area: 1.170 acres.
Weighted 'C' Factor: 0.400
Rainfall Rainfall
Time Incr. Total Intensity Flow
(min) (inches) (inches) (in/hr) (cfs)
0 0.00 0.00 0.00 0.00
9 0.06 0.06 0.41 0.19
18 0.19 0.25 1.27 0.60
27 0.68 0.93 4.51 2.11
36 0.25 1.18 1.69 0.79
45 0.11 1.29 0.74 0.35
54 0.07 1.36 0.47 0.22
63 0.05 1.42 0.36 0.17
72 0.05 1.47 0.32 0.15
81 0.04 1.51 0.29 0.14
90 0.04 1.55 0.27 0.13
At time = 225 minutes, the flow is 0.06 CFS.
Basin Outflow Rate: cfs
Suggested Basin Volume: 1000 Cubic Feet or 100000 Acre-Feet
L-
l
Rational Formula Hydrograph
SCS 24 - Hour Storm Distribution
2 Year, Type 2 Rainfall: 3.10 inches at DA 1 Post
Time of Concentration: 5 min.
Drainage Area: 1.170 acres.
Weighted 'C' Factor: 0.560
Rainfall Rainfall
Time Incr. Total Intensity Flow
(min) (inches) (inches) (in/hr) (cfs)
0 0.00 0.00 0.00 0.00
5 0.09 0.09 1.14 0.74
10 0.15 0.24 1.75 1.15
15 0.52 0.76 6.20 4.06
20 0.19 0.95 2.33 1.53
25 0.12 1.07 1.45 0.95
30 0.11 1.18 1.27 0.83
35 0.05 1.22 0.56 0.36
40 0.04 1.27 0.50 0.33
45 0.04 1.30 0.45 0.30
50 0.03 1.34 0.42 0.27
At time = 125 minutes, the flow is 0.13 CFS.
Basin Outflow Rate: 2.1 cfs
Suggested Basin Volume: 831.17 Cubic Feet or 0.0191 Acre-Feet
-2-
r
Rational Formula Hvdrograph
SCS 24 - Hour Storm Distribution
2 Year, Type 2 Rainfall: 3.10 inches at DA 2 Pre
Time of Concentration: 8 min.
Drainage Area: 3.050 acres.
Weighted 'C' Factor: 0.400
Rainfall Rainfall
Time Incr. Total Intensity Flow
(min) (inches) (inches) (in/hr) (cfs)
0 0.00 0.00 0.00 0.00
8 0.06 0.06 0.44 0.54
16 0.18 0.24 1.36 1.65
24 0.64 0.88 4.81 5.87
32 0.24 1.12 1.81 2.20
40 0.13 1.26 1.01 1.23
48 0.07 1.32 0.52 0.63
56 0.05 1.38 0.39 0.48
64 0.05 1.42 0.35 0.43
72 0.04 1.47 0.32 0.39
80 0.04 1.51 0.29 0.36
At time = 200 minutes, the flow is 0.18 CFS.
Basin Outflow Rate: cfs
Suggested Basin Volume: 1000 Cubic Feet or 100000 Acre-Feet
'W-
Rational Formula Hydrograph
SCS 24 - Hour Storm Distribution
2 Year, Type 2 Rainfall: 3.10 inches at DA 2 Post
Time of Concentration: 5 min.
Drainage Area: 2.630 acres.
Weighted 'C' Factor: 0.480
Rainfall Rainfall
Time Incr. Total Intensity Flow
(min) (inches) (inches) (in/hr) (cfs)
0 0.00 0.00 0.00 0.00
5 0.09 0.09 1.14 1
44
10 0.15 0.24 1.75 .
2.21
15 0.52 0.76 6.20 7.82
20 0.19 0.95 2.33 2
94
25 0.12 1.07 1.45 .
1
84
30 0.11 1.18 1.27 .
1
60
35 0.05 1.22 0.56 .
0.70
40 0.04 1.27 0.50 0
63
45 0.04 1.30 0.45 .
0
57
50 0.03 1.34 0.42 .
0.53
At time = 125 minutes, the flow is 0.26 CFS.
Basin Outflow Rate: 5.9 cfs
Suggested Basin Volume: 598.75 Cubic Feet or 0.0137 Acre-Feet
-6'-
JUd fAI! r 1 W-4J Iv-
SHEET N0.(D OF
CALCULATED BY DATE a
CHECKED BY DATE
SCALE
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' Rational Formula Hydrograph
SCS 24 - Hour Storm Distribution
2 Year, Type 2 Rainfall: 3.10 inches at Pond 12 year 24 hour
Time of Concentration: 5 min.
Drainage Area: 1.170 acres.
Weighted 'C' Factor: 0.560
Rainfall Rainfall
Time Incr. Total Intensity Flow
(min) (inches) (inches) (in/hr) (cfs)
0 0.00 0.00 0.00 0.00
5 0.09 0.09 1.14 0.74
10 0.15 0.24 1.75 1.15
15 0.52 0.76 6.20 4.06
20 0.19 0.95 2.33 1.53
25 0.12 1.07 1.45 0.95
30 0.11 1.18 1.27 0.83
35 0.05 1.22 0.56 0.36
40 0.04 1.27 0.50 0.33
45 0.04 1.30 0.45 0
30
50 0.03 1.34 0.42 .
0.27
At time = 125 minutes, the flow is 0.13 CFS.
Basin Outflow Rate: cfs
Suggested Basin Volume: 1000 Cubic Feet or 100000 Acre-Feet
7
Rational Formula Hydrograph
SCS 24 - Hour Storm Distribution
2 Year, Type 2 Rainfall: 3.10 inches at Pond 2 2 year 24 hr
Time of Concentration: 5 min.
Drainage Area: 2.630 acres.
Weighted 'C' Factor: 0.480
Rainfall Rainfall
Time Incr. Total Intensity Flow
(min) (inches) (inches) (in/hr) (cfs)
0 0.00 0.00 0.00 0.00
5 0.09 0.09 1.14 1.44
10 0.15 0.24 1.75 2.21
15 0.52 0.76 6.20 7.82
20 0.19 0.95 2.33 2.94
25 0.12 1.07 1.45 1.84
30 0.11 1.18 1.27 1.60
35 0.05 1.22 0.56 0.70
40 0.04 1.27 0.50 0.63
45 0.04 1.30 0.45 0.57
50 0.03 1.34 0.42 0.53
At time = 125 minutes, the flow is 0.26 CFS.
Basin Outflow Rate: cfs
Suggested Basin Volume: 1000 Cubic Feet or 100000 Acre-Feet
Modified Puls Routing
Inflow Hydrograph: C:\VTPSUBM11224.HYD
Storage/Elevation Curve: C:IVTPSUH M\DAIR.ES
Discharge/Elevation Curve: C:IVTPSUHMIDAI.EO
Basin Bypass Capacity = 0.0 cfs
Starting Pool Elevation =546.00 feet
Time Interval = 2.083333E-02 hours
Event
Time
(hours) Hydrograph
Inflow
(cfs) Basin
Inflow
(cfs) Storage
Used
(acre-ft) Elevation Basin
Above MSL Outflow
(feet) (cfs) Outflow
Total
(cfs) Detention
Time
(hours)
0.00 0.00 0.00 0.000 546.00 0.00 0.00 0
00
0.02 0.19 0.19 0.000 546.02 0.00 0.00 .
1
76
0.04 0.37 0.37 0.001 546.07 0.00 0.00 .
0
89
0.06 0.56 0.56 0.001 546.15 0.00 0.00 .
0
61
0.08 0.74 0.74 0.003 546.27 0.00 0.00 .
0
48
0.10 0.85 0.85 0.004 546.41 0.00 0.00 .
0
44
0.12 0.95 0.95 0.005 546.58 0.00 0.00 .
0
41
0.15 1.05 1.05 0.007 546.76 0.00 0.00 .
0
39
0.17 1.15 1.15 0.009 546.96 0.00 0.00 .
0
38
0.19 1.87 1.87 0.012 547.23 0.00 0.00 .
0
25
0.21 2.60 2.60 0.016 547.63 0.00 0.00 .
0
20
0.23 3.33 3.33 0.021 548.05 0.00 0.00 .
0
17
0.25 4.06 4.06 0.027 548.25 0.00 0.00 .
0
16
0.27 3.43 3.43 0.033 548.46 0.08 0.08 .
0
23
0.29 2.79 2.79 0.038 548.62 0.21 0.21 .
0
31
0.31 2.16 2.16 0.042 548.74 0.33 0.33 .
0
41
0.33 1.53 1.53 0.045 548.82 0.39 0.39 .
0
57
0.35 1.38 1.38 0.047 548.88 0.43 0.43 .
0
62
0.37 1.24 1.24 0.048 548.93 0.46 0.46 .
0
69
0.40 1.10 1.10 0.049 548.96 0.49 0.49 .
0
76
0.42 0.95 0.95 0.050 548.99 0.51 0.51 .
0
83
0.44 0.92 0.92 0.051 549.02 0.52 0.52 .
0
85
0.46 0.89 0.89 0.052 549.04 0.53 0.53 .
0
88
0.48 0.86 0.86 0.052 549.05 0.55 0.55 .
0
90
0.50 0.83 0.83 0.053 549.07 0.56 0.56 .
0
92
0.52 0.71 0.71 0.053 549.08 0.56 0.56 .
1
00
0.54 0.60 0.60 0.053 549.09 0.57 0.57 .
1
11
0.56 0.48 0.48 0.053 549.09 0.57 0.57 .
1
23
0.58 0.36 0.36 0.053 549.08 0.56 0.56 .
1
38
0.60 0.35 0.35 0.053 549.07 0.55 0.55 .
1
40
0.62 0.35 0.35 0.052 549.06 0.55 0.55 .
1
42
0.65 0.34 0.34 0.052 549.04 0.54 0
54 .
1
43
0.67 0.33 0.33 0.052 549.03 0.53 .
0
53 .
1
45
0.69 0.32 0.32 0.051 549.02 0.53 .
0.53 .
1
47
0.71
0
73 0.31 0.31 0.051 549.01 0.52 0.52 .
1.48
.
. 0.30 0.30 0.050 549.00 0.51 0S1 1.50
on
Modified Puls Routing
i Inflow Hydrograph: C:\VTPSUHM\2224.HYD
Storage/Elevation Curve: C:\VTPSUH4\DA21LES
Discharge/Elevation Curve: C:\VTPSUHM\DA21LEO
Basin Bypass Capacity = 0.0 cfs
Starting Pool Elevation = 537.00 feet
Time Interval = 2.083333E-02 hours
Event
Time
(hours) Hydrograph
Inflow
(cfs) Basin
Inflow
(cfs) Storage
Used
(acre-ft) Elevation Basin
Above MSL Outflow
(feet) (cfs) Outflow
Total
(cfs) Detention
Time
(hours)
0.00 0.00 0.00 0.000 537.00 0.00 0.00 0.00
0.02 0.36 0.36 0.000 537.10 0.00 0.00 0.58
0.04 0.72 0.72 0.001 537.41 0.00 0.00 0.31
0.06 1.08 1.08 0.003 537.93 0.00 0.00 0.22
0.08 1.44 1.44 0.005 538.14 0.00 0.00 0.18
0.10 1.63 1.63 0.008 538.33 0.00 0.00 0.18
0.12 1.82 1.82 0.011 538.54 0.00 0.00 0.18
0.15 2.01 2.01 0.014 538.78 0.00 0.00 0.19
0.17 2.21 2.21 0.017 539.03 0.03 0.03 0.19
0.19 3.61 3.61 0.022 539.37 0.34 0.34 0.14
0.21 5.02 5.02 0.029 539.83 0.83 0.83 0.12
0.23 6.42 6.42 0.037 540.17 1.19 1.19 0.12
0.25 7.82 7.82 0.047 540.47 1.49 1.49 0.12
0.27 6.60 6.60 0.056 540.77 1.71 1.71 0.16
0.29 5.38 5.38 0.064 540.99 1.87 1.87 0.21
0.31 4.16 4.16 0.068 541.14 1.96 1.96 0.27
0.33 2.94 2.94 0.071 541.22 2.01 2.01 0.35
0.35 2.66 2.66 0.072 541.26 2.04 2.04 0.37
0.37 2.39 2.39 0.073 541.28 2.05 2.05 0.40
0.40 2.11 2.11 0.074 541.29 2.06 2.06 0.43
0.42 1.84 1.84 0.074 541.29 2.06 2.06 0.46
0.44 1.78 1.78 0.073 541.28 2.05 2.05 0.46
0.46 1.72 1.72 0.073 541.26 2.04 2.04 0.47
0.48 1.66 1.66 0.072 541.24 2.03 2.03 0.47
0.50 1.60 1.60 0.071 541.22 2.01 2.01 0.48
0.52 1.38 1.38 0.070 541.19 2.00 2.00 0.51
0.54 1.15 1.15 0.069 541.16 1.97 1.97 0.54
0.56 0.93 0.93 0.068 541.11 1.94 1.94 0.57
0.58 0.70 0.70 0.066 541.05 1.91 1.91 0.61
0.60 0.68 0.68 0.064 540.99 1.87 1.87 0.60
0.62 0.67 0.67 0.062 540.93 1.82 1.82 0.60
0.65 0.65 0.65 0.060 540.87 1.78 1.78 0.59
0.67 0.63 0.63 0.058 540.81 1.74 1.74 0.59
0.69 0.62 0.62 0.056 540.75 1.70 1.70 0.58
0.71 0.60 0.60 0.054 540.70 1.66 1.66 0.58
0.73- 0.59 0.59 0.052 540.64 1.62 1.62 0.57
.,
POST-CONSTRUCTION STORMWATER MANAGEMENT BMP's
r i
1
PERMANENT VEGETATION
Description:
Estabfishes permanent vegetation as rapidly as possible ba prevent soil erosion by wind or
water.
Maintenance:
Inspect the seeded areas for failure. Reseed immediately.
Reinspect the seeded areas after one year and reseed if needed.
C-RETENTION BASIN SEEDING
1) Basins shall be seeded in accordance with the attached guidelines.
a) use ERNMX-126 or equal
2) Basin maintcnance shall consist of the following:
a) removal of any and all debris that may accumulate in the basin
b) removal of any and all silt that may accumulate do to runoff or scouring
that would reduce the retention volume of the basin.
c) retention basin seeding shall be maintained at 95 to 100•/6 coverage. Bare areas
shall be replanted as soon as practical.
:E'stablishing Wet Meadow Sites
Page 1 of 2
Catalog company info Price List k Request
7
WET MEADOW &t RIPARIAN SITES
WET MEADOWS are usually adjacent to rivers and waterways. The soil will contain clay,
a high amount of organic matter or saturated sands. Examples of typical WET MEADOW
£t RIPARIAN SITES:
- ROAD DITCHES - RETENTION BASINS THAT CATCH RUN-OFF
WATER
- POND AREAS - WETLAND EDGES
The soil will contain clay, a high amount of organic matter or saturated sands.
J?f.dL?e?i4' L??C.7r[J7CAafi?ICStZ7?7V?f(:?'l1VtC?F?i! . ? .: iii ' . i IL^1?74'tJ :•!J!'ALyLw[i?U?. I.O?L??7M" ...?-?-?
SITE PREPARATION
Spray Glyphosate (Roundup) or a similar wetland aquatic formulation to control
undesirable vegetation. CAUTION: Some persistent species such as Purple Loosestrife,
Phragmites or Reed Canary Grass may need multiple applications of Glyphosate. Before
seeding, excess dead vegetation should be burned or turned under providing it is not too
wet. Newly- constructed wet meadows, retention basins and wet construction sites
should be seeded as soon after construction as possible.
FERTILITY: Due to the potential for water contamination, we do not recommend the use
of time or fertilizer in wetlands. We do recommend the addition of organic materials
when topsoil has been depleted or removed.
httpJ/www.emstseed.com/CatalogfEstablishWetMeadow.htin 9/10/2003
*Establishing Wet Meadow Sites
SEEDING METHODS
Page 2 of 2
BROADCAST SEEDING: The broadcast seeder consists of a unit with a hopper for holding
seed, fertilizer, pelletized limestone or other granular products and a mechanism which
will spread the product uniformly over an area. Filler such as kitty utter, sawdust or
sand can be added to' help proportion the seed. Spread half of the seed in one direction
(horizontally) and the remaining seed in the other direction (vertically). Follow by
rolling or tracking the seed for good seed to soil contact. Do not roll or track the seed if
the soil is wet. Cover with a light layer of straw mulch.
HYDROSEEDING: The hydroseeder combines water, seed, fertilizer and sometimes
hydromulch into a mixture which is then pumped through a nozzle and sprayed
uniformly over the area to be seeded. Hydroseeders can distribute this mixture up to
150 ft. or more, which allows for seeding on terrain which may not be accessible by
other seeding methods such as steep slopes, roadside cuts or saes too wet for other
methods. Using hydromulch assists in seed placement and on slopes to help reduce
erosion. Depending on your site condition, you may want to use erosion control blankets
or straw mulch to cover the seed.
MAINTENANCE
Grassy weeds or persistent perennials can re-establish in this hype of soil. Monitoring
weeds and mowing is very critical in the first and second years. Burning about every
three years in early spring can prevent shrub invasions.
.•+Qrr?.?.?evovrxrw?w•+cvc?earscw?ssa??;?'!???;' ?.c?e?yer?aw?a?c?aa?.-•.r?m:,a?arcw?-e.T SUGGESTED MIXES FOR-WET ? W OR RIPARIAN SITES
Home • Up • Establishing Meadow Sites •
Establishing Wet Meadow Sites • Establishing Wetland Sites •
Establishing Shaded Sites • Establishing Upland Sites
Send mail to Webmaster with questions or comments about this web site.
Last modified: 08/22/03
bdip://www.emstseed.eom/CaWoWEstablishWetMeadow.htm 9/10/2003
RETENTION BASIN FLOOR SEEDING-LOW MAINTENANCE GRASS-LIKE SPECIES
MIX: ERNMX-126
Price per pound: $4.36
SEED AT 25 BULK POUNDS PER ACRE
GRASS LINED CHANNELS
Description:
Grass lined channels are used as runoff conveyance (where conventional storm sewers are not
suitable) and a pollutant filter.
Maintenance:
Grass should be mowed at a frequency such that the grass is no shorter than 6" and no longer
than 12".
Trash and any accumulated sediment should be removed during mowing,
TEMPORARY OR
PERMANENT LINER
1 ?
Z7 Z 2
VEGETATED CHANNELS
ROOF DRAIN DISCHARGES TO LAWNS
Description: from the runoff from
Uses the natural filtering effect of grass on the lawns to filter pollutants
the roofs of individual homes. Also, it promotes the infiltration of runoff in the lawns of
individual lots.
Maintenance:
Grass should be mowed at a frequency such that the grass is no shorter than 4".
Roof drains should be inspected periodically by the homeowner to ensure that the roof drain is
not clogged or that no ponding occurs in close proximity to any structures.
p-q
RIP-RAP APRONS
Description:
Prevents scour and erosion caused by high pipe flow velocities, and absorb flow energy to
reduce velocities. Aprons also reduce turbidity and sedimentation downstream.
Maintenance:
Inspect after heavy rains to see if any erosion has occurred around of below the apron or if
stones have been dislodged. Repair immediately.
1
i< 0% SLOPE >
t
GEOTEXTILE
4
Pc
-.
EROSION AND SEDIMENT POLLUTION CONTROL BMP's
C-
SILT FENCE
Description:
Used to control runoff from small disturbed areas when it is in the form of sheet flow and
discharge is to a stable area. (18" silt fence shown below; 30" is also used on the site)
Maintenance:
Filter fabric fence should be inspected weekly and after each runoff event. Needed repairs
should be initiated immediately after the inspection.
Sediment must be removed when accumulations reach 1/2 the above ground height of the
fence.
Any section of Filter fabric fence which has been undermined or topped must be immediately
replaced with a Rock Filter Outlet
STAKE
AWSTAPLES
JOINING FENCE SECTIONS
SUPPORT STAKE '
FABRIC FENCE
COMPACTED BACKFILL
aoI I? / GROUND
MIN.
o" MIN.
i
l
ROCK CONSTRUCTION ENTRANCE
Description:
To be used for entrance to the project site by all construction vehicles.
maintenance:
Rock Construction Entrance thickness shall be constantly maintained to the specified
dimensions by adding rock. A stockpile shall be maintained on site for this purpose. At the
end of each construction day, all sediment deposited on paved roadways shall be removed
and returned to the construction site.
50' (MIN.)
a
O
a
0
w
20' OR TOTAL
WIDTH OF
ACCESS
AASHTO. #1 ROCK C . 8 IN.
GEOTEXTILE
SECTION A-A
PLAN VIEW
TEMPORARY CHANNEL LINER
Description:
Used to resist scour and erosion while the permanent vegetation becomes established.
Maintenance:
At a minimum, temporary channel liners shall be inspected on a weekly basis and after each
runoff event. Damaged channel liners should be repaired or replaced immediately.
TEMPORARY OR
PERMANENT LINER
Z1 Z 2
B
VEGETATED CHANNELS
C-5
STORMWATER POLLUTION PREVENTION PLAN
AND
MAINTENANCE MANUAL
FOR
ROSENSTRAUCH TRUCK REPAIR FACILITY
FAIRVIEW TOWNSHIP, YORK COUNTY,PA.
PREPARED BY:
LARRY V. NEIDLINGER
9/8/03
`) Post Construction Stormwater Management Plan (PCSM Plan)
The project involves the development of a 1.88 acre site in the Fairview Industrial Park.
The construction involves an 8,000 square foot building for trailer repair with access and
parking areas. The majority of the site will be re-graded at slopes less than 4%. A
stormwater facility will be provided at both the front and rear of the property to control
runoff from the site.
The ponds have been sized to store the excess runoff from the 2 year/24 hour storm and
then to attenuate the peak runoff from the 2, 10 and 25 year storms. The emergency
spillways are sized to pass the 25 year storm.
Areas not stabilized with paving will be seeded and mulched
The owner will be responsible to maintain the stormwater management facilities during
and after construction. The outlet structure shall be inspected on a regular basis. A swale
is located along the east side of the building to divert off-site runoff to the pond. This is a
v-swale with a flat longitudinal grade to encourage infiltration of runoff. The swale will
inspected and repaired as needed (regrade, reseed).
Supporting calculations are attached.
60% of the site will be impervious at the completion of the second phase of construction
- the pond is designed to accommodate this ultimate buildout.
A c factor of .4 was used for the pre-developed condition. A c factor of .62 was
calculated for the site after the completion of the second phase (60% impervious area).
Runoff calculations are provided. 1178 cf of storage is provided in pond 1. 722 cf of
storage is provided in pond 2. This is greater than the amount of runoff estimated for
either pond (831 and 622 cf, respectively).
The post-developed flows are reduced to 0.57 cfs and 2.06 cfs by the pond (inflow 4.1
and 7.8 for the 2 year 24 hour storm).
B- SINKHOLE REMEDIATION
While the stormwater facility is designed to maximize infiltrative area,
promote sheet flow, and provide significant surface and ground water
quality protection, the facility remains within a karst region and is therefore
subject to the development of closed depressions and sinkholes. It is
important to note that some uniform settlement should be expected to occur
throughout the life of the facility. If, however depressions or cracks are
identified during the visual inspections of the entire site, a geotechnical
engineer shall provide an immediate evaluation of these areas. If this occurs
the storm water must be diverted from these areas immediately until repairs
are made to re-establish uniform infiltration throughout the basin surface
area. A geotechnical engineer must evaluate any such conditions for the
most appropriate remedy given the variety of such circumstances.
1) Basins shall be seeded in accordance with the attached guidelines.
a) use ERNMX- 126 or equal
2) Basin maintenance shall consist of the following:
a) removal of any and all debris that may accumulate in the basin
b) removal of any and all silt that may accumulate do to run-off or scouring
that would reduce the retention volume of the basin.
c) retention basin seeding shall be maintained at 95 to 100% coverage. Bare areas
shall be replanted as soon as practical.
0
. RETENTION BASIN FLOOR SEEDING-LOW MAINTENANCE GRASS-LIKE SPECIES
MIX: ERNMX-9 26
SEED AT 25 BULK POUNDS PER ACRE
Price per pound: $4.36
D- COLLECTION SYSTEM MAINTENANCE
LREGULAR SWEEPING AND REMOVAL OF DEBRIS:
Areas that provide sheet flow into the ponds shall be cleaned and
maintained so that debris does not accumulate into the pond areas.
Regular sweeping of paved areas is required. The frequency of
sweeping should be based upon the amount of debris generated.
Swales and flow areas into the swale areas shall be maintained so
that soil erosion into the the ponds does not occur. Other debris
such as leaves, paper, excessive grass clippings shall not be allowed
to accumulate in the swale areas.
Inlets shall be clean and free of any and all debris.
Outlets shall be free and clear of all debris.
Outlet dissipaters must be clear of any and all debris. They shall
not be allowed to fill with silt and reduce their effectiveness.
2. REGULAR INSPECTIONS:
The facilities shall be inspected quarterly and after all major storms.
A detailed inspection by a qualified inspector shall occur at least
annually to ensure that the facility is operating as designed and to
schedule maintenance that the facility may require.
INSPECTION REPORT FOR STORMWATER POLLUTION PREVENTION PLAN
ROSENSTRAUGH TRUCK REPAIR FACILITY
DATE: INSPECTOR:
INSPECTOR QUALIFICATIONS:
SITE CONDITIONS:
IN
COLLECTION SYSTEM- CONFORMANCE EFFECTIVE
SHEET FLOW AREAS CLEAN YES/NO (SEE BELOW)
SWALES CLEAN YESINO (SEE BELOW)
INLET CLEAN YESINO (SEE BELOW)
OUTLET CLEAN YES/NO (SEE BELOW)
DISSIPATERS CLEAN YES/NO (SEE BELOW)
RETENTION BASIN
SEED WELL ESTABLISHED YES/NO (SEE BELOW)
CLEAR OF DEBRIS YES/NO (SEE BELOW)
NO SILT BUILD-UP YESINO (SEE BELOW)
YESINO (SEE BELOW)
YES/NO (SEE BELOW)
YES/NO (SEE BELOW)
YESINO (SEE BELOW)
YESMO (SEE BELOW)
YESINO (SEE BELOW)
YES/NO (SEE BELOW)
YESINO (SEE BELOW)
VIOLATIONS NOTED: (EXPLAIN EACH -NO- CIRCLED ABOVE.)
RECOMMENDED REMEDIAL ACTIONS:
F. STORMWATER MAINTENANCE AGREEMENT
MAINTENANCE AGREEMENT
It is agreed that the storm water quality control BMPs constructed on the ROSENSTRAUCH TRUCK
REPAIR FACILITY in Fairview Township, York County, will be maintained to function as designed.
Maintenance will include, but is not limited to :
o Quarterly inspections, and inspections after all major storm events, of the on-site facilities.
Annual safety inspections by a qualified inspector.
o Maintenance of on site facilities as outlined in the Stormwater Pollution Plan and Maintenance
Manual.
It is further agreed that Mr. Rosenstrauch will inspect all of the storm water quality BMPs on a regular basis
to insure their proper operation, or upon inspection by the Department Of Environmental Protection,
Fairview Township, or other agencies. Agrees to perform maintenance on the storm water quality control
BMPs, if it has been determined that the storm water quality control BMPs are not functioning as designed
and are in need of maintenance.
It is also agreed that Mr. Rosenstrauch will inform any future owners of this site of the need to enter into
this agreement and provide the Department of Environmental Protection with an original revised copy of
this agreement signed by all new owners.
OWNER
NOTARY
DA
The foregoing Agreement was acknowledged before me this JZ day of le, Av- o?fJD3
by oS !'
N Y P LIC
NOMW Sat blic
Runmvi McDowK N
= W Combed
My Commission Expires: Cammissi?o Fivii ns Nov it, 2003 SEAL
Member, pemsylvania AssodaWn of Notaries
Exhibit D
.
s
PROPOSAL
John W. G1eixn Jr.$ Inc.
625 Hamilton Street
Carlisle, PA 17013
Phone: (717) 258-8179 Fax: (717) 243-7342
M
December 16, 2003
n
m
Mr. Leonard Kuhn
A.C..KURN & SON, INC.
608 Alomdet Spring Road
Carlisle, FA 17013
RE: Resenstauch - Fairview Twtp. (revised bid submissiost)
a ?°
We are pleased to quote the following scope of work to your Cotnpaay based on the plans prepared by:
LARRY V. NXMLJ LAGER. P.E., ILL.& / Projeca 2003-19 / Sheet 1 of 7 thin 7 of 7 /Dated Juae. 2003/.
Our scope of work is as follows:
AJ71yCMTIRATION and LOGISTICS'
Supervision during our phase of construction
Layout of our work (Note- benchmarks, property/building corners, hubs and layout disk by other)
r Mobilize and demobilize site
,`????tt? Job trailer
?g 56,272.00
r- MOR UEAMG:
Brushhog only (no trees aver 4" in dia.)
??? 1 ? 5850.00
OL
Siltftnce - 6258
Construction entrance - I
Rock filter -1
G Inlet protection - 3
14. Temporary seeding of ponds and swales
55,673.00
_S33 and F w MEo r
Excess to be wasted and/or stookpiled on ate
s6,7so.00
SITE to GRADE:
Finegrade and recompact areas receiving stone base
Excavation to sub-grade
Soil testing by other based on AS7M-1)698
Grades to be adjusted to create a balanced cut/fill site
514,100.00
I
.r•
Z - Cl SO T B Ella L T L 3141 NOS R WHnm 0 d e90 s L0 i?0 ST I nC
+ f
PROPOSAL
John W. Gleim Jr., Inc.
625 Hamilton Street
Carlisle, PA 17013
Phone: (717) 258-8179 F2x: (717) 243-7342
ROCK On a "classified" basis as follows
Bulk = $25.00 p.c,y.
Trencb = $50.00 p.c y.
Hand drill - $100.00 p.cy.
Mechanical = S250.00 p.c y.
15" sl
cpp - 1008
18" slpp - soft
c
Type "D' endwalls - 3
o Wbts - 3
`N Replacemem inlet tap - 1
Y Rip rap aprow
?p Related bedding
Excavation and back611
516.00
SANITARY SEWER.
6" sdr.15 - 250ft
j Connection to main
Cot/pateh asphalt
Clean-outs - 2
J Total stone. under existing asphalt
Related stone bedding,
Testing
Locate tape
Excavation and backfill
S7,a03.60
WATER:
I" 1o-copper - 170ft
D, connection to main
`e Curb stop and box - I
Meter pit, if required, NOT included
.??
} Related bedding
/
t Testing
Locate tape
Excavation and baclig
53,597.00 QUKB7
installation and bacltFill for 220 In/ft of 30" vortical concrete curb
Excavation.
55.743.00
• Note Deduct ($2,750.00) for 18" vertical curb in lieu of 30"
ASPHALT PAVING (Phase+k I only)
6"s4"x 1.5" - 1795 sq/yd with painted lines
2 Bunip/Wheel Stop Blocks NOT included (i
532,531.00 S I
?v
" t
-' _1 ^^.^ - , *, -%%IT line q iiunv " u eRn:/n bn RT Tnr
PROPOSAL
John .W. Glenn Jr,, Inc.
625 Hamilton Street
Carbale, PA 17013
Phone: (117) 258-8179 F2x: (117) 243-7342
The following items are not included utader our base bid:
• Permits, inspection and testing fees.
• Engineered layout and/or layout disk
• Sinkhole repair.
• Additional excavation due to poor and/or frozen soil conditions.
• Delays or damage due to unsuitable weather conditions.
• Excavation in weather, which temperatures are below freezing.
Fines and/or penalties due to disniption of utilities not shown on drawings or properly located on
Fines and/or penalties due to wetland disturbance not shown on drawings.
• Any assemblies and/or scope items not specifically mentioned above.
Special Notice: Duo to the uncenainty/volatility of the fuel and liquid asphalt market. We reserve the right
to recover any price escalations ft m the date listed above to the actual tithe of commencement.
Payment to made as (*DOW$-
Net 15, A finance charge of 1.5% per month (18% annually will be charged on a balance over 30 days.)
(501/i construction completed / 50% mtention due • 10016 construction completed / 100% retention due.
Maximum retention held, 10%)
We propose to furnish material and labor • complete in accordance with the above specifications for the
sum of 591,637.00=Ninety One Thousand Six Hundred Thirty Seven Dollars and 001100-- =°
This proposal may be withdrawn if not accepted within 30 days.
Authorized sigrtaturn
Todd L. Thumsna - Estimator
Date:
\?A
\
?jA
From revised drawings dated 12-01-03
- sheets 1 of 10 thru 10 of 10 - prepared by Larry V. Neidlinger,
r F: F:./iL L. 5.
`
1 Add (2) handicap figns g
300.00
2. Add 38 sq/yd of asphalt paving S 609.00
Add Crabion Wall 351 sq/R S7,371.00
4 Add ESC blanket 6270 sq/R S
5 Add iediment trap outlets (2) 334. ote: grading, rip rap and filter stone
6 Add clay cores 0.00 note- on site material to be used & deemed suitable
0=-7 Add (1) sanitary clean-out s 150.00
8. Add roof drain 200R S 4,131.00 con: based on phasegl only
0
9 Add wheel stops (15) S1,580.00
?•d 9018 EbZ LIL 0WI NOS R WHnA 3 d e60tL0 b0 ST ImC
Exhibit E
t
?t?ttari??ttlllrhitrItl<,tt_hlsu?c•iatic?n
)lE< r - K-t'•s;? <?<'r, 6r?., Iia rrrj,tael.`
CONSTRUCTION INDUSTRY ARBITRATION RULES
ilvmanti fnr Arhitratinn
MEDIATION: If you would like the AAA to contact the other parties and attempt to arrange a mediation, please check this box.
There is no additional administrative ee or this service.
Name of Respondent Name of Representative (if known)
A.C. Kuhn & Son, Inc. Robert G. Frey, Esquire
Address: Name of Firm (if applicable)
608 Alexander Spring Road Frey & Tiley
Representative's Address:
P.O. Box 121 5 South Hanover Street
City
State
Zip Code
City
State
Zip Code
Carlisle PA 17013 Carlisle PA 17013
Phone No. Fax No. Phone No. Fax No.
(717) 234-2933 (717) 234-5838 (717) 243-6441
Email Address: Email Address:
The named claimant, a party to an arbitration agreement dated June 10, 2003 , which provides for arbitration under the
Construction Industry Rules of the American Arbitration Association, hereby demands arbitration.
ARBITRATION CLAUSE CONTAINED IN THE FOLLOWING CONTRACT DOCUMENT: (Please check one)
O AIA-American Institute of Architects ? AGC-Associated General Contractors of America ? DBIA-Design Build Institute of America
? EJCDC-Engineers Joint Contract Documents Committee ? ASA-American Subcontractors Association ? CMAA-Construction Management
Association of America 19 Other (specify) Agreement between Owner and Contractor
THE NATURE OF THE DISPUTE
Respondent's engineer designed a land development plan, which purported to address stormwater drainage. The plan relied on a Swale, which did not
exist. As a result, stormwater did not drain properly and flowed across a neighboring property. To rectify the situation, Claimants were required to obtain
an easement from the neighboring property owner to build a stormwater pipe to convey stormwater to the township's stormwater drainage system.
Respondent is responsible for the flawed stormwater drainage plan and attendant costs to rectify the situation.
Dollar Amount of Claim $ 41,295.41
Other Relief Sought: R Attorneys Fees Ig Interest
1 Arbitration Costs ? Punitive/ Exemplary ? Other
51
AMOUNT OF FILING FEE ENCLOSED WITH THIS DEMAND (please refer to the fee schedule in the rules for the appropriate fee) $ 950.00
PLEASE DESCRIBE APPROPRIATE QUALIFICATIONS FOR ARBITRATOR(S) TO BE APPOINTED TO HEAR THIS DISPUTE:
Experience with land development
Hearing locale Harrisburg, Pennsylvania (check one) R Requested by Claimant ? Locale provision included in the contract
Estimated time needed for hearings overall: Specify type of business: Claimant Real estate investors
hours or 1 days Respondent Contractor
You are hereby notified that copies of our arbitration agreement and this demand are being filed with the American
Arbitration Association's Case Management Center, locaied in (check Lae) ? Atlanta, GA 1' Dallas, TX K East
Providence, RI ? Fresno, CA ? International Centre, NY, with a request that it commence administration of the
arbitration. Under the rules, you may file an answerin statement within fifteen days after notice from the AAA.
Signatu y be si ed b repr ntative) Date:
Name of Representative
David R. Getz, Esquire
Name' aimant Name of Firm (if applicable)
Gary and Cheryl Rosenstrauch Wix, Wenger & Weidner
Address (to be used in connection with this case) Representative's Address
2208 Dover Road 508 North Second Street, P.O. Box 845
City State Zip Code City State Zip Code
Harrisburg PA 17112 Harrisburg PA 17108
j Phone No. Fax No. Phone No. Fax No.
717 234-4182 (717) 234-4224
Email Address: Email Address:
dgetz@wwwpalaw.com
To begin proceedings, please send two copies of this Demand and the Arbitration Agreement, along with the filing fee as provided for in
the Rules, to the AAA. Send the original Demand to the Respondent.
Please visit our website at www.adr.or if you would like to file this case online. AAA Customer Service can be reached at 800-778-7879
Exhibit F
JAN. 2, 1999 6:25AM
•
AIV RICAN ARBMATION ASSOCIATION
CunsorUe lon Arbitradon Tribursatl
Tn the Matter of the Arbitration betwm: '
Re: 14110 F 00497 07
Gary and Cheryl Rox w;trauch ("Claims e,)
and
A.C. Kuhn & Son, Inc. ( 11cspoudesnf')
AWARD OF AlkB117MATOR
0• *
1,3, 673.31*1-
1700• +
?. __ _. ._. _.__-__*
37331 *
?M
4 T.RP UNDCRSTGNED ARRI'1'RATOR, laving been dfzigoated in accordance with the arbitr,tlion
ap xa and cntemud into becwcon the abovo-named pardw and cued June 10, 2003, and having bcm duly
anon, and having duly heard the pxvofs and oupd ns or &o, partite do hey, FIND, 1'vllowa:
For Ga n=ts:
%incering Tom $ 4,306.50
Construction Costs S 5,000.00
AtWfm-1's Fox S 1,897.95
Bank Fees S 1,601.10
lnte?coet ? a ,? ar, -
S13,673.31
Accordingly: I AWARD as rollows:
Rwp nndcal. shall pay to CWmaW the sum of'Ibirtam Thousand Six Hundred
Sew my Thrue Dollars and'11tirty Umw Cc= ($13,6'13.31).
The administrative fcco of the American Arbitration Association totaling 51,250.00 and the compctuation
or the arbkmuw taCtti,?g.S900-0Q,shail be borne by Respondent. Ilwaforc. Respondent shall reimburso
Claimant Ilan sum.:or.'s 000.00, TptwmtipS that portion of said rrx-- in excess of the apportionul costs
pncviously incurrdy'Cw+wr k
'Chis Award ix in full st tianent of all claims and counterclaims submitted to this- Arbitration. All claims
aot expressly granted hcrcin are hereby, denied.
Alp"
.'
N. Thomas Milia,lr, "'
L NAlmmas Mriier, Jr., do hereby affirm upon my o uth as Arbitr wr that I am the individual described in
at>d who a xecutcd this instrument, which is my Award. rl
N Trionem,s WiReA )r.-"
V
CERTIFICATE OF SERVICE
AND NOW, this day of April 2009, I, E. Ralph Godfrey, Esquire, hereby certify
that I served a copy of the within Complaint this day by depositing the same in the United States
mail, postage prepaid, at Lemoyne, Pennsylvania, addressed to:
John W. Gleim Jr., Inc.
c/o Roger Blain, President
625 Hamilton Street
Carlisle, PA 17013
(COURTESY COPY)
Robert Saidis, Esquire
Saidis, Flower & Lindsey
26 West High Street
Carlisle, PA 17013
Or: TAT ? v !A[lY
2009 APPR 14 AN C: 2
f.
"I V;
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
A-C KUHN & SON, INC., ;
PLAINTIFF NO. 2008-7425
VS.
JOHN W. GLEIM, JR., INC.,
DEFENDANT
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
To: A.C. KUHN & SON, INC.
c/o E. Ralph Godfrey, Esquire
CIPRIANI & WERNER PC
1011 Mumma Road, Suite 201
Lemoyne, PA 17403
You are hereby notified to file a written response to the enclosed New Matter within
twenty (20) days from service hereof, or a judgment may be entered against you.
SAIDIS, FLOWER & LINDSAY
By:
Daniel L. Sullivan, Esquire
Attorney I.D. 34548
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405 - Phone
(717) 737-3407 - Fax
dsullivannsfl-law.com
Attorneys for the Defendant
DATE:.)-e. 5 a vfly
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
A-C KUHN & SON, INC., :
PLAINTIFF NO. 2008-7425
VS.
CIVIL ACTION - LAW
JOHN W. GLEIM, JR., INC., :
DEFENDANT
JURY TRIAL DEMANDED
DEFENDANT'S ANSWER WITH NEW MATTER
AND NOW, comes Defendant, John W. Gleim, Jr., Inc. ("Gleim"), by its
attorneys, Saidis, Flower & Lindsay, and hereby files the following Answer with New Matter to
Plaintiff's Complaint:
After reasonable investigation, Gleim is without information or knowledge
sufficient to form a belief regarding the averments of this paragraph, and the same are therefore
denied.
2. Admitted.
3. Because Plaintiff does not specifically identify the times referenced in this
paragraph, nor the specific acts referenced, Gleim is unable to admit or deny the averments of
this paragraph. In further response thereto, the allegations regarding scope of authority and/or
employment are conclusions of law to which no response is required.
4. Because Plaintiff does not specifically identify the times referenced in this
paragraph, nor the specific acts referenced as having been done or not done, Gleim is unable to
admit or deny the averments of this paragraph. In further response thereto, the allegations
regarding course and scope of employment and "on behalf of said Defendant" are conclusions of
law to which no response is required.
After reasonable investigation, Gleim is without information or knowledge
sufficient to form a belief regarding the averments of this paragraph, and the same are therefore
denied.
6. After reasonable investigation, Gleim is without information or knowledge
sufficient to form a belief regarding the averments of this paragraph, and the same are therefore
denied. In further response, the averment is denied; the "Contract" is a written document which
speaks for itself and Gleim denies the accuracy and completeness of any attempt to describe or
characterize the document or selectively quote therefrom.
7. After reasonable investigation, Gleim is without information or knowledge
sufficient to form a belief regarding the averments of this paragraph, and the same are therefore
denied.
8. After reasonable investigation, Gleim is without information or knowledge
sufficient to form a belief regarding the averments of this paragraph, and the same are therefore
denied.
9. Denied. The document identified in this paragraph is a writing which speaks for
itself, and Gleim denies the accuracy and completeness of any attempt to describe or characterize
the document or selectively quote therefrom.
10. Denied. The document identified in this paragraph is a writing which speaks for
itself, and Gleim denies the accuracy and completeness of any attempt to describe or characterize
the document or selectively quote therefrom.
11. Denied. The document identified in this paragraph is a writing which speaks for
itself, and Gleim denies the accuracy and completeness of any attempt to describe or characterize
the document or selectively quote therefrom.
12. Admitted in part and denied in part. Gleim admits that this paragraph references,
in part, intended treatment of stormwater with respect to the Rosenstrauch property. Gleim
denies that this partial description is complete and accurate. To the extent that Plaintiffs are
attempting to describe parts of the "Plan," Gleim asserts that the "Plan" is a written document
which speaks for itself.
13. Admitted in part and denied in part. Gleim admits that this paragraph references,
in part, intended treatment of stormwater with respect to the Rosenstrauch property. Gleim
denies that this partial description is complete and accurate. To the extent that Plaintiff are
attempting to describe parts of the "Plan," Gleim asserts that the "Plan" is a written document
which speaks for itself.
14. Admitted in part and denied in part. It is admitted that Plaintiff retained Gleim to
perform certain work regarding the Project. It is denied that the Proposal attached as Exhibit "D"
is the full embodiment of those services. Rather, Plaintiff's retention of Gleim's services was
pursuant to a number of proposals, purchase orders, and subsequent change orders. Gleim admits
that Exhibit "D" is its proposal dated December 16, 2003.
15. Denied as stated. Plaintiff eventually paid Gleim the approximate sum of
$135,967.75 for its services. Gleim's response to paragraph 14 is hereby incorporated by
reference. In further response, only a very modest amount of the full payment made to Gleim
was for services related to Retention Pond No. 2.
16. After reasonable investigation, Gleim is without information or knowledge
sufficient to form a belief regarding the averments of this paragraph, and the same are therefore
denied.
17. After reasonable investigation, Gleim is without information or knowledge
sufficient to form a belief regarding the averments of this paragraph, and the same are therefore
denied.
18. After reasonable investigation, Gleim is without information or knowledge
sufficient to form a belief regarding the averments of this paragraph, and the same are therefore
denied. In further response, Gleim believes and therefore avers that its construction of Retention
Pond No. 2 was proper and in accordance with its contractual obligations.
19. After reasonable investigation, Gleim is without information or knowledge
sufficient to form a belief regarding the averments of this paragraph, and the same are therefore
denied. In further response, Gleim asserts that the Demand for Arbitration attached as Exhibit
"E" to the Complaint, describes the following "Nature of the Dispute";
Respondent's engineer designed a land development plan,
which purported to address stormwater drainage. The plan
relied on a swale, which did not exist. As a result,
stormwater did not drain properly and flowed across a
neighboring property. To rectify the situation, Claimants
were required to obtain an easement from the neighboring
property owner to build a stormwater pipe to convey
stormwater to the township's stormwater drainage system.
Respondent is responsible for the flawed stormwater
drainage plan and attendant costs to rectify the situation.
20. After reasonable investigation, Gleim is without information or knowledge
sufficient to form a belief regarding the averments of this paragraph, and the same are therefore
denied. In further response, Gleim's response to paragraph 19 is hereby incorporated.
21. After reasonable investigation, Gleim is without information or knowledge
sufficient to form a belief regarding the averments of this paragraph, and the same are therefore
denied.
22. After reasonable investigation, Gleim is without information or knowledge
sufficient to form a belief regarding the averments of this paragraph, and the same are therefore
denied.
23. After reasonable investigation, Gleim is without information or knowledge
sufficient to form a belief regarding the averments of this paragraph, and the same are therefore
denied.
24. Admitted in part and denied in part. After reasonable investigation, Gleim is
without information or knowledge sufficient to form a belief regarding the averments of this
paragraph, and the same are therefore denied. In further response, the document attached as
Exhibit "I"' is a writing which speaks for itself. It is denied that Plaintiff's alleged damages are
"a result of Defendant's failure to properly build and construct Retention Pond No. 2 in
accordance with the Plan..." On the contrary, Gleim believes and therefore avers that the
damages are a result of the "Dispute" as described by the property owner in the arbitration
demand identified by Plaintiff in paragraph 19 of its Complaint.
25. After reasonable investigation, Gleim is without information or knowledge
sufficient to form a belief regarding the averments of this paragraph, and the same are therefore
denied. In further response, Gleim denies that it is responsible for any damage or injury to
Plaintiff and incorporates herein its response to paragraph 24.
COUNT 1- BREACH OF CONTRACT
26. Gleim hereby incorporates by reference its responses to paragraphs 1 -25 of the
Complaint.
27. The averments of this paragraph are conclusions of law to which no response is
required. To the extent a response is required, the averments are denied, and Gleim's response to
paragraph 14 is hereby incorporated by reference.
28. The averments of this paragraph are conclusions of law to which no response is
required.
29. The averments regarding breaches of contract and failure to perform are
conclusions of law to which no response is required. In further response, Gleim denies that it
failed to perform its work in a workmanlike manner or in accordance with any industry standard.
On the contrary, Gleim performed properly. With respect to the averments regarding Gleim
allegedly failing to construct Retention Pond No. 2 to the "required size," Gleim believes and
therefore avers that it complied with its contractual obligations regarding the size of the pond,
but because it has not returned to the job site since it completed its work, after reasonable
investigation it is without information or knowledge sufficient to form a belief regarding the
existing size of the pond.
30. The averments regarding breach of duty are conclusions of law to which no
response is required. To the extent a response is required, the averments of this paragraph are
denied and Gleim's response to paragraph 29 is hereby incorporated by reference. In further
response, Gleim believes and therefore avers that Plaintiff was represented on the job site
regularly, inspected Gleim's work after completion, and never complained to Gleim that there
was any deficiency or problem with the size of the pond.
31. The averments of this paragraph are conclusions of law to which no response is
required. In further response, nevertheless, Gleim denies any breaches for the reasons set forth in
the preceding responses, and denies that it is obligated to Plaintiff in any sum whatsoever.
32. The averments of this paragraph are conclusions of law to which no response is
required.
WHEREFORE, Gleim demands that the Complaint be dismissed with prejudice
and that it be awarded its costs and fees.
COUNT II - NEGLIGENCE
33. Gleim hereby incorporates by reference its responses to paragraphs 1 -32 of the
Complaint.
34. Admitted in part and denied in part. Gleim does not dispute the existence of a
contractual relationship with Plaintiff, although the precise terms of the contract may be
disputed. The remaining averments of this paragraph are conclusions of law to which no
response is required.
35. The averments of this paragraph are conclusions of law to which no response is
required. In further response, nevertheless, the averments are denied. Gleim owed duties to
Plaintiff pursuant to its contractual relationship.
36. The averments of this paragraph are conclusions of law to which no response is
required. In further response, nevertheless, Gleim denies the averments of this paragraph and
specifically denies all allegations of wrongdoing described herein. Gleim incorporates herein its
responses to paragraphs 29, 30 and 35.
37. The averments of this paragraph are conclusions of law to which no response is
required. In further response, nevertheless, Gleim denies the averments of this paragraph and
specifically denies all allegations of wrongdoing. Gleim incorporates herein its responses to
paragraphs 29, 30 and 35. Gleim denies that it is obligated to Plaintiff in any manner whatsoever.
38. The averments of this paragraph are conclusions of law to which no response is
required.
WHEREFORE, Gleim demands that the Complaint be dismissed with prejudice
and that it be awarded its costs and fees.
COUNT III - INDEMNITY
39. Gleim hereby incorporates by reference its responses to paragraphs 1 -38 of the
Complaint.
40. Denied. Gleim hereby incorporates by reference its responses to paragraphs 19,
24, 29, and 30.
41. The averments of this paragraph are conclusions of law to which no response is
required. In further response, nevertheless, Gleim denies any wrongdoing and denies that it is
obligated to Plaintiff in any manner whatsoever, for all of the reasons set forth in the preceding
paragraphs.
WHEREFORE, Gleim demands that the Complaint be dismissed with prejudice
and that it be awarded its costs and fees.
COUNT IV - UNJUST ENRICHMENT
42. Gleim hereby incorporates by reference its responses to paragraphs 1- 41 of the
Complaint.
43. The averments of this paragraph are conclusions of law to which no response is
required. In further response, nevertheless, the averments are denied. Gleim performed properly
and was compensated for the work it performed.
44. Denied as stated. Gleim was compensated, not "enriched," for the services which
it performed for Plaintiff. Further, for all of the reasons set forth in the preceding paragraphs.
Gleim denies any wrongdoing, denies causing any damages, denies owing any obligation to
Plaintiff, and denies that it owes anything to Plaintiff as a result of the Rosenstrauch's arbitration
demand against Plaintiff. Gleim's responses to paragraphs 19 and 24 are hereby incorporated by
reference.
45. Denied. Gleim's responses to paragraphs 19, 29, 30 and 44 are hereby
incorporated by reference.
46. The averments of this paragraph are conclusions of law to which no response is
required. In further response, nevertheless, the averments are denied and Gleim hereby
incorporates its responses to paragraphs 19, 29, 30 and 44.
WHEREFORE, Gleim demands that the Complaint be dismissed with prejudice
and that it be awarded its costs and fees.
NEW MATTER
47. Plaintiff's claim for damages should be dismissed or its damages diminished due
to its failure to mitigate damages.
48. Plaintiff's damages are not reasonable.
49. Plaintiff's claims are barred in whole or in part by the applicable statute of
limitations.
50. Gleim's contractual relationship with Plaintiff does not impose any duty to
indemnify Plaintiff.
51. Plaintiff never sought to join Gleim in the arbitration proceeding.
52. Plaintiff never advised Gleim at the completion of Gleim's work that there was
any deficiency in the size of Retention Pond No. 2 or that its work was deficient in any other
respect.
53. Plaintiff never asked Gleim to enlarge Retention Pond No. 2 or otherwise correct
any alleged improper workmanship.
54. Gleim was not responsible for the stormwater management plan prepared by
Plaintiff's engineer.
55. Gleim was not authorized or permitted to perform work off the Rosenstrauch's
property.
56. The alleged stormwater problems on the property were not caused by Gleim.
WHEREFORE, Gleim demands that the Complaint be dismissed with prejudice
and that it be awarded its costs and fees.
SAIDIS, FLOWER & LINDSAY
Daniel L. Sullivan, Esquire
Attorney I.D. 34548
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405 - Phone
(717) 737-3407 - Fax
dsul livangsfl-law. com
Attorneys for the Defendant
DATE: a.Oo 4
VERIFICATION
I, Roger Blain, hereby verify I am authorized to make this verification on behalf
of John W. Gleim, Jr., Inc., and that the statements made in the foregoing document are
true and correct to the best of my information, knowledge and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904,
relating to unworn falsification to authorities.
John W. Gleim Jr., Inc.
B '
Ro r Blain ,ejys?,T
Date: G' 3'o 9
CERTIFICATE OF SERVICE
AND NOW, June S , 2009, I, DANIEL L. SULLIVAN, Esquire, of the law
firm of SAIDIS, FLOWER & LINDSAY, hereby certify that I did serve a copy of the
foregoing Defendant's Answer and New Matter upon all counsel of record by depositing,
or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill,
Pennsylvania, addressed as follows:
By First Class Mail:
E. Ralph Godfrey, Esquire
CIPRIANI & WERNER PC
1011 Mumma Road, Suite 201
Lemoyne, PA 17403
By: i -vz
Daniel L. Sullivan, Esquire
Attorney I.D. 34548
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405 - Phone
(717) 737-3407 - Fax
dsullivangsfl-law com
FLED JtFFIC`•E.
OF T?E F,R ? i-.ONCTA?Y
2009 JUN -5 PM 12: 4" !
F'EWSYLYA;,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
A-C KUHN & SON, INC.,
PLAINTIFF
VS.
JOHN W. GLEIM, JR., INC.,
DEFENDANT
NO. 2008-7425
zf?
N
CIVIL ACTION - LAW - ' _=r
,T -
a
JURY TRIAL DEMANDED ra l "''
PRAECIPE TO MODIFY
ENTRY OF APPEARANCE
To the Prothonotary:
Please modify my appearance on behalf of Defendant, John W. Gleim, Jr., Inc.,
from Daniel L. Sullivan, Esquire, Saidis, Flower & Lindsay, 2109 Market Street, Camp
Hill, PA 17011 to Daniel L. Sullivan, Esquire, Saidis Sullivan Law, 26 W. High Street,
Carlisle, PA 17013.
Papers may be served at the address set forth below.
Respectfully submitted,
a "aow?
Date
SAIDIS SULLIVAN LAW
By: ,-?
Daniel L. Sullivan
Attorney I.D. 34548
Attorney for Defendant
26 West High Street
Carlisle, PA 17013
Phone (717)243-6222
Fax (717) 243-6486
dsullivan(a sfl-law.com
CERTIFICATE OF SERVICE
AND NOW, July ' - , 2010, I, Daniel L. Sullivan, Esquire, hereby certify that I
did serve a true and correct copy of the Praecipe to Modify Entry of Appearance upon all
counsel of record by depositing, or causing to be deposited, same in the U.S. mail,
postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
By First Class Mail:
E. Ralph Godfrey, Esquire
CIPRIANI & WERNER PC
1011 Mumma Road, Suite 201
Lemoyne, PA 17403
SAIDIS SULLIVAN LAW
By: 4-c?
Daniel L. Sullivan
Attorney I.D. 34548
Attorney for Defendant
26 West High Street
Carlisle, PA 17013
Phone (717)243-6222
Fax (717) 243-6486
dsullivan(a sfl-law. com
CIPRIANI & WERNER, P.C. {fi 10 V k ; ;
BY: E. Ralph Godfrey, Esqui7", , Attorney for Plaintiff
Attorney I.D. No. 77052 12 API 16 N1 1 p : `?'
1011 Mumma Road r? r
Suite 201 1:M )DERLAND COUNT"
Lemoyne, PA 17043 E N N SYL VA N I A
(717) 975-9600
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
A-C KUHN & SON, INC.,
Plaintiff,
VS.
JOHN W. GLEIM, JR., INC.,
Defendant
NO. 2008-7425
CIVIL ACTION - LAW
PRAECIPE TO DISCONTINUE. SETTLE AND END
TO THE PROTHONOTARY:
Please settle, discontinue and end the above matter.
Date: 4,x/2012
CIPRIANI & WERNER, P.C.
B
E. Ralph dfrey, Esquire
Attorney D. No. 77052
1011 M Road, Ste 201
Lemoyne, PA 170
(717) 975-9600
Attorney for Plaintiff
CERTIFICATE OF SERVICE
f
AND NOW, this day of April 2012, I, E. Ralph Godfrey, Esquire, hereby certify
that I served a copy of the within Praecipe to Discontinue, Settle and End this day by depositing
the same in the United States mail, postage prepaid, at Lemoyne, Pennsylvania, addressed to:
Timothy Woolford, Esquire
Woolford Law, P.C.
Wheatland Place
941 Wheatland Avenue
Suite 402
Lancaster, PA 17603
E. alph God y
CIPRIANI & WERNER, P.C. FILE-OF'FICL
BY: E. Ralph Godfrey, EsquireOF THE PROTHOf4'OTARY Attorney for Plaintiff
Attorney I.D. No. 77052
1011 Mumma Road 2012 APR 19 AM 8-. Q 1
Suite 201
Lemoyne, PA 17043 CU N
CW
(717) 975-9600 yr i?k a.? a
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
A-C KUHN & SON, INC.,
Plaintiff,
VS.
JOHN W. GLEIM, JR., INC.,
Defendant
TO THE PROTHONOTARY:
- ? Tl -
Please mark the discontinuance filed on April 16, 2012 as "with prejudice".
CIPRIANI & WERNER, P.C.
Date: 4/18/2012
NO. 2008-7425
CIVIL ACTION - LAW
By
E. Ralph Go ey, squire
Attorney I.D. No. 7052
1011 Mumma Roa , e201
Lemoyne, PA 17043
(717) 975-9600
Attorney for Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this 19th day of April 2012, I, E. Ralph Godfrey, Esquire, hereby certify that
I served a copy of the within Praecipe this day by depositing the same in the United States mail,
postage prepaid, at Lemoyne, Pennsylvania, addressed to:
Timothy Woolford, Esquire
Woolford Law, P.C.
Wheatland Place
941 Wheatland Avenue
Suite 402
Lancaster, PA 17603