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HomeMy WebLinkAbout10-7444COUNTY OF CUMBERLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 10- ~ ~~~ CIVIL CIVIL ACTION JAMES P. HIXENBAUGH ~ ~ Defendant : IN TRESPASS ~W ~, .~,~ rt'i C'~ ~ ~ ='1"1 ~ t j ~ NOTICE ~-{,,, ~v You have been sued in Court. If you wish to defend against the claims s~a~'a-th i~ ~ ~; the following pages, you must take action within twenty (20) days after this Com~1~t N ~ '~ 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(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 l.> s: ~.~~~ ~~~`5~~~ COUNTY OF CUMBERLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 10- ~ yy~ CIVIL CIVIL ACTION JAMES P. HIXENBAUGH Defendant : IN TRESPASS COMPLAINT AND NOW, comes the Plaintiff, County of Cumberland, through its Solicitor, Edward L. Schorpp, Esquire, and sets forth its Complaint against the Defendant, James P. Hixenbaugh, upon the following: 1. The Plaintiff is the County of Cumberland, a Pennsylvania 4`h class county, with offices at Courthouse, 1 Courthouse Square, Cumberland County, Pennsylvania. 2. The Defendant is James P. Hixenbaugh, an adult individual who resides at 750 Poplar Road, Dillsburg, York County, Pennsylvania. 3. On or about midnight on Friday May 28, 2010, or shortly thereafter on Saturday, May 29, 2010, the Defendant was the owner and operator of a 2009 white Jeep Wrangler and was traveling in a southerly direction on Wolfs Bridge Road, Township Road T-508, in Middlesex Township, Cumberland County, Pennsylvania. 4. At said time and place, Wolfs Bridge Road was a two lane highway with one lane of travel in each direction. 5. At said time and place, Defendant attempted to cross a bridge owned and maintained by the Plaintiff; the bridge was a one lane bridge for vehicles traveling in each direction. 5. At said time and place, Defendant violently collided with the right side guardrail of the Plaintiff s bridge causing the vehicle to go airborne and start to flip toward the left side and then strike a support post on the left side of the bridge. 6. As a result of the collision by Defendant with Plaintiffs bridge, substantial damage was caused to the bridge structure as described in an Interim (Emeraencvl Bridge Inspection Report Cumberland Countv Bridge C 11 Wolf Bridge T-508 Wolfs Bridge Road over the Conodo~uinet Creek Middlesex Townslv_p Cumberland Countv Pennsvlvania Structure ID No 21 7206 0508 3611 Brid e Kew 14077, prepared by Herbert Rowland & Grubic, consulting engineers; a copy of said report is attached hereto, incorporated herein by reference and marked Exhibit "A." 7. As a result of Defendant's collision with the bridge, the Plaintiff incurred the following damages: Emergency Closure & Detour Signing: $8,250.00 Emergency Temporary Shoring: $4,900.00 Engineering Services: $25,290.00 Emergency Repair Construction Cost: $76,100.00 Construction Engineering Phase Services: 20 500.00 Total: $135,040.00 8. The collision with Plaintiff s bridge and the damages caused thereto were due to the sole fault and negligent, careless and reckless conduct of the Defendant as follows: A. In failing to keep his vehicle under proper control at all times; B. In failing to keep his vehicle in his lane of travel at all times; C. In driving his vehicle at a high rate of speed, in excess of the posted speed limit; D. In driving his vehicle at an unreasonably high rate of speed without due regard for the conditions then and there existing; E. In operating his vehicle while under the influence of alcohol in violation of the laws of the Commonwealth of Pennsylvania; F. In driving his vehicle in an unsafe manner while under the influence of alcohol and incapable of safe driving; G. In texting while driving, thereby not being attentive to road conditions and not keeping his vehicle in proper control at all times; and H. In failing to use due care under the circumstances. WHEREFORE, the Plaintiff demands of the Defendant the sum of $135,040.00, plus interest, plus costs, which amount is in excess of the amount requiring compulsory arbitration under local rules of court. Edward L. c orpp, Esqui e Attorney ID No: 17495 Office of the Solicitor Cumberland County Courthouse 1 Courthouse Square, Suite 208 Carlisle, Pennsylvania (717) 240-5444 VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. ? ~ 4 Kirk Sto er, Cumberland County Director Of Planning Dated: ~U ~ ~ ~ ` j U COUNTY OF CUMBERLAND : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PA - C ) M r fir" ., V. : NO. 10-7444-CIVIL . r r , v n r ? r C3 t ?C) .z - JAMES P. HIXENBAUGH : IN TRESPASS r - :Z " Defendant C-) :ZZ C sv C:)rn NOTICE TO PLEAD TO: Plaintiff You are required to file a Responsive Pleading to the within Preliminary Objections within 20 days of service thereof or judgment will be entered against you. Thomas, Thomas & Hafer, LLP Marc A. Moyer squire, I.D. #76434 Todd B. Narv , Esquire, I.D. #42136 305 N. Fro Street Harrisburg, PA 17101 717-237-3960 Attorneys for Defendant James P. Hixenbaugh COUNTY OF CUMBERLAND Plaintiff V. JAMES P. HIXENBAUGH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : NO. 10-7444-CIVIL IN TRESPASS DEFENDANT JAMES P. HIXENBAUGH'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant James P. Hixenbaugh„ by and through his attorneys, Thomas, Thomas & Hafer, LLP, and files the within Preliminary Objections to Plaintiffs Complaint, and in support thereof, avers as follows: 1. STATEMENT OF FACTS AND PROCEDURAL HISTORY 1. This is an automobile liability action initiated by Plaintiff Cumberland County by the filing of a Complaint against James P. Hixenbaugh on December 6, 2010. A copy of Plaintiff's Complaint is attached here to Exhibit "A". 2. According to Plaintiff's Complaint, Defendant James P. Hixenbaugh was involved in a single vehicle automobile accident on May 28, 2010 or May 29, 2010, in which he collided with a bridge located on Wolfs Bridge Road. See, Complaint, ¶¶ 3, 5,; Exhibit "A". 3. Plaintiff alleges that as a result of the accident, Cumberland County has incurred the costs associated with repairing the bridge. See, Complaint IT 6, 7; Exhibit "A". 4. Paragraph 8E of Plaintiff's Complaint avers that :Defendant James P. Hixenbaugh was negligent, careless, and reckless "In operating his vehicle while under the influence of alcohol in violation of the laws of the Commonwealth of Pennsylvania". 5. Plaintiff has averred no facts in its Complaint upon which this allegation is based. 6. Paragraph 8F of Plaintiff's Complaint avers that Defendant James P. Hixenbaugh was "driving his vehicle in an unsafe manner while under the influence of alcohol and incapable of safe driving". 7. Plaintiff has averred no facts in its Complaint upon which this allegation is based. 8. Paragraph 8G of Plaintiff's Complaint avers that Defendant James P. Hixenbaugh was "texting while driving ...". 9. Plaintiff has averred no facts in its Complaint upon which this allegation is based. 10. Paragraph 8H of Plaintiff's Complaint avers that Defendant James P. Hixenbaugh "fail[ed] to use due care under the circumstances". II. BASIS FOR RELIEF A. Standard of Review 11. A preliminary objection in the nature of demurer should be sustained where the complaint is clearly insufficient to establish a Plaintiff's right to relief. Firing v. Kephart, 466 Pa. 560, 353 A.2d 833 (1976). 12. The touchstone against which preliminary objections are to be evaluated is whether it is clear and free from doubt from all facts plead, that the plaintiff will be unable to prove facts legally sufficient to establish a right to relief. Bower v. Bower, 531 Pa. 54, 611 A.2d 181 (1992). 13. To sustain preliminary objections in the nature of a demurer, it must appear with certainty that, upon the facts averred, the law will not permit recovery by the plaintiff. Pekular v. Eich, 355 Pa. Super. 276, 513 A.2d 427 (1986). B. Plaintiffs Non-Specific Allegations Of Negligence in Paragraph 8H Should Be Stricken From The Complaint For Failing To Sufficiently Apprise Defendant James P. Hizenbauah Of The Particular Allegations Against Him. 14. Preliminary objections may be properly based upon "the failure of a pleading to conform to law or rule of court...". Pa. R.Civ.P. 1028(a)(2). One such rule to which a pleading must conform is Pa. R.Civ.P. 1019(a) which requires a plaintiff to plead all material facts upon which a cause of action is based in a concise and summary form. Pa. R.Civ.P. 1019(a). Similarly, preliminary objections may also be based upon the insufficient specificity of a pleading pursuant to Pa.R.Civ.P. 1028(a)(3). 15. To comport with the Pennsylvania Rules of Civil Procedure and Pennsylvania law, a complaint must sufficiently define issues and give notice to a defendant of what the plaintiff intends to prove at trial so that the defendant may, in turn, prepare a defense by meeting such proof with his own evidence. See, Estate of Swift v. Northeastern Hosp. of Phila., 456 Pa. Super. 330, 337, 690 A.2d 719, 723 (1997) (noting that the complaint must summarize the essential facts to support the claim); Sevin v. Kelshaw, 417 Pa. Super. 1, 7, 611 A.2d 1232, 1235 (1992) (noting that Pennsylvania is a fact pleading jurisdiction and thus the complaint must summarize those facts essential to support a claim); Laursen v. General Hosp. of Monroe County, 259 Pa. Super. 150, 160, 393 A.2d 761, 766 (1978), rev's on other grounds, 494 Pa. 238, 431 A.2d 237 (1981); Baker v. Rangos, 229 Pa. Super. 333, 350., 324 A.2d 498, 506 (1974). 16. In addition to failing to properly apprise an opposing parry of that which he will be called upon to defend against at trial, generalized pleadings can also serve to thwart the statute of limitations by permitting a plaintiff to assert new causes of action or legal theories at any junction in the litigation process. See, e.g., Connor v. Allegheny Gen. Hosp., 501 Pa. 306, 461 A.2d 600 (1983). 17. In this case, Plaintiff alleges in Paragraph 8H of the Complaint that Defendant James P. Hixenbaugh "fail[ed] to use due care under the circumstances". 18. On its face, the averment fails to sufficiently apprise Defendant James P. Hixenbaugh of the particular misconduct forming the basis for Plaintiff s claims. 19. Notably, Paragraph 8H fails to identify the particular conduct by Defendant James P. Hixenbaugh which allegedly demonstrates his lack of "due care", or the acts/omissions purportedly forming the basis for such an averment. 20. Such an averment essentially constitutes a claim for strict liability to the extent it is based entirely upon the mere occurrence of a collision between Plaintiffs vehicle and the Wolfs Bridge Road bridge. 21. The averment fails to identify any particular acts or omissions by Defendant James P. Hixenbaugh which allegedly caused the collision. 22. If permitted to remain in the Complaint, such an averment would impermissibly permit Plaintiff to shoehorn unspecified theories of liability and/or particular conduct by Defendant James P. Hixenbaugh not currently identified in its Complaint which, in turn, would improperly force Defendant James P. Hixenbaugh to speculate as to the particular actions and/or conduct forming the basis for Plaintiff s claims. 23. Indeed, such an averment could, on its face, support virtually any alleged act or omission by Defendant James P. Hixenbaugh and/or multiple theories of liability against him pertaining in anyway to the operation of his automobile at the time of the accident. 24. Moreover, Plaintiff s failure to specifically identify the factual basis for its claims will deny Defendant James P. Hixenbaugh the ability to adequately prepare an Answer to the Complaint which, in turn, could jeopardize his defense pursuant to Pa.R.Civ.P. 1029. 25. Accordingly, forcing Defendant James P. Hixenbaugh to Answer the allegation in its current form would be tantamount to improperly requiring him to admit to the broad-brushed allegation despite its vagueness. 26. Striking Plaintiff's allegation as set forth above is in accord with a host of cases in Pennsylvania in which the courts have stricken vague allegations of negligence similar to those presented in Plaintiffs Complaint. See, Bergernon v. Wzshinski, 70 Luz. Leg. Reg. Rep. 173, 174 (1989) (motion to strike non-specific and overly broad allegations in complaint sustained); Miller v. Greene County Memorial Hospital, 6 Greene R. 1,2 (1988) (striking allegation of failure "to use the degree of skill and care... required in institutions of like kind" and "to properly monitor and control the care and treatment... of plaintiff'); Smale v. Hampton, 70 Lanc. L. Rev. 464, 469 (1987) (striking "failure to provide the proper course and treatment," "failure to exercise requisite care and skill which should have been exercised under the circumstances..." and "failure to use the degree of care ...ordinarily possessed and exercised by the physicians in the same circumstances") Staron v. Grayboyes, 17 Lyc. Rptr. 114, 115 (1987) (striking allegations which do not identify what "appropriate current literature" was not consulted and what "appropriate treatment protocol" was not followed); Packral v. Park, 47 Fay Leg. J. 68, 69 (1984) (allegation that defendant "failed to adequately care for plaintiff' and "failed to adequately assess and carefully monitor plaintiff" and did not "adequately control the disease process" all held insufficiently specific); Montesdeoca v. Miller, No. 89-01038, Slip Opinion, pp. 2-3 (Pa. C.C.P. Lycoming County, December 22., 1989) (striking as insufficiently specific allegations that Defendant James P. Hixenbaugh "failed to exercise reasonable skill and care in the diagnosis and treatment... of plaintiff," "failed to properly manage ...the medical condition of plaintiff' and "failed to take reasonable steps to preserve and ensure the life of the decedent"): Starr v. Myers, 109 Dauph. Co. R. 147, 148 (1988) (striking allegations that defendant failed to "properly treat plaintiffs condition," failed to "properly diagnose plaintiff's condition" and "improperly treated plaintiffs condition"); Ori` v. Madisetty, No. 92-109, Slip Opinion, pg. 2 (Pa. C.C.P. Monroe County, February 4, 1993) (striking as overly broad allegations that physician was negligent in failing "to use the same degree of care as a reasonable physician," failing "to possess the special skills, knowledge, and training required: and "demonstrated lack of proper skills and care in treating plaintiff'); Farmer v. Rhoads, 43 Pa. D. & C.3d 393, 395 (C.P. Chester 1986) (striking "such acts or omissions, constituting ...negligence ...as may be ascertained by discovery procedures..."); Gligor v. Sharon General Hospital, 25 Mer. Co. Leg. J. 106 (Mercer Co. 1989) (holding as inadequate specific allegations of "failing to exercise the reasonable skill and diligence required to diagnose and/or treat the plaintiffs... signs and symptoms... and/or (to) seek consultation and assistance from more knowledgeable practitioners"). George v. Ayoub, 70 West: L.J. 87, 88, 50 Pa.D.&C.3d 322, 324 (1988) (sustaining objection to failing to "act as a reasonable prudent hospital"); Nelle v. Hershey Medical Center, 11 Pa. D. & C.4th 307, 309 (C.P. Dauphin 1991) (allegation against hospital for "failing to exercise professional competence and use standards consistent with standards in the medical community" held to be inadequate); Herr v. Milton S. Hershey Medical Center, 23 Leb. Co. Leg. J. 5 (1985) (striking allegations of "'failure to properly supervise the medical staff," "negligent supervision of all... personnel", "failure to observe the standards of skill and care exercised... under the circumstances" and "failure to properly supervise compliance with bylaws"); Lichty v. Kucharczuk, 5 Pa. D. & C.4th 120, 125 (C.P. Northampton 1989) (striking "failure to provide properly and prompt... care and treatment" and "failing to adhere to the standard of practice"); Bobick v. Go, 51 Som. Leg. J. 49, 52 (1990) (striking "failing to properly and adequately observe, interpret and respond to the signs, symptoms and test results of the plaintiff'); Davis v. Park, 45 Som. Leg. J. 1 (1985) (striking the phrase "failing to give proper ... care" as inadequately specific); Levine v. Greene Co. Memorial Hospital, 7 Greene R. (No. 4) (Pa. C.C.P. Greene Co. 1988) (striking "failing to follow... bylaws"). WHEREFORE, Defendant James P. Hixenbaugh respectfully requests that this Honorable Court strike Paragraph 8H from Plaintiffs Complaint for failing to adequately set forth the particular acts and/or omissions allegedly forming the basis for Plaintiffs cause of action. C. Plaintiffs Complaint Fails To Aver Any Facts Supporting Paragraphs 8E through 8G of the Complaint. 27. Pa.R.Civ.P. 1028(a)(2) permits the filing of Preliminary Objections based upon the inclusion of scandalous or impertinent matter. 28. Through Paragraphs 8E, 8F, and 8G of its Complaint, Plaintiff assert that Defendant James P. Hixenbaugh was operating his vehicle while under the influence of alcohol in violation of Pennsylvania law, that he was "incapable of safe driving" by virtue of having consumed alcohol, and that Defendant James P. Hixenbaugh was "texting" while driving. 29. Such language should be stricken from the Complaint because it is completely devoid of any facts supporting such conclusory allegations. 30. Moreover, the complete absence of any facts supporting the allegations render them scandalous and/or impertinent to this matter pursuant to Pa.R.Civ.P. 1 028(a)(2). WHEREFORE, Defendant James P. Hixenbaugh respectfully requests that this Honorable Court strike Paragraphs 8E through 8G of the Complaint. Respectfully submitted, Thomas, Thomas & Hafer, LLP Mdc A. M6yer4squire, I.D. #76434 Todd B. Narvo ,Esquire, I.D. #42136 305 N. Front treet Harrisburg, PA 17101 717-237-3960 Attorneys for Defendant James P. Hixenbaugh CERTIFICATE OF SERVICE AND NOW, this the :4,Z2 day of December, 2010, I, Janine Guinter, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I served a copy of the foregoing upon the following via U.S. mail, postage pre-paid to: Edward L. Schorpp, County Solicitor 1 Courthouse Square, Room 208 Carlisle, PA 17013 THOMAS, TH & HAFER, LLP SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff (- ! r' s_ r r?Fj Cj Tj? Jody S Smith Chief Deputy Richard W Stewart Solicitor Cumberland County vs. James P. Hixenbaugh ? f O DEr 29 f-,P, 19: 4 7 UMBER rn,,ND CC1Ut'jT,? FEN' '43Y .VA14,1 Case Number 2010-7444 SHERIFF'S RETURN OF SERVICE 12/03/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: James P. Hixenbaugh, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint and Notice according to law. 12/08/2010 03:56 PM - York County Return: And now December 8, 2010 at 1556 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: James P. Hixenbaugh by making known unto himself personally, at 750 Poplar Drive, Dillsburg, Pennsylvania 17019 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 December 27, 2010 SO ANSWERS, 4RJONr4 ANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration COUNTY OF CUMBERLAND Vs. I Case Number JAMES P. HIXENBAUGH 10-7444 CIVIL SHERIFF'S RETURN OF SERVICE 12/08/2010 03:56 PM - DEPUTY TERRY DRAWBAUGH, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: JAMES P. HIXENBAUGH AT 750 POPLAR DRIVE, DILLSBURG, PA 17019. TERRY DRAWBAUGH, DE TY SHERIFF COST: $45.50 December 22, 2010 SO A S, RICHARD P K ERLEBER, SHE ------- --------------- Affirmed and subscribed to before me this NOTARY T 22nd DECEMBER day of 2010 ?' NVv? fi - (c)CountySuteSheriff ,Teleosoft.lnc. 1-4 t:NINS'-VANIA F NOTARIAL SEAL LISA L THORPE, NOTARY PUBLIC CITY OF YORK. YngK ('n . n COUNTY OF CUMBERLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10- CIVIL CIVIL ACTIM JAMES P. HIXENBAUGH, Defendant : IN TRESPASS 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(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 '., - :::L. -r A • COUNTY OF CUMBERLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-7444 CIVIL CIVIL ACTION JAMES P. HIYENBAUGH, Defendant : IN TRESPASS AMENDED COMPLAINT AND NOW, comes the Plaintiff, County of Cumberland, through its Solicitor, Edward L. Schorpp, Esquire, and sets forth its Amended Complaint against the Defendant, James P. Hixenbaugh, upon the following: 1. The Plaintiff is the County of Cumberland, a Pennsylvania 4r" class county, with offices at Courthouse, 1 Courthouse Square, Cumberland County, Pennsylvania. 2. The Defendant is James P. Hixenbaugh, an adult individual who resides at 750 Poplar Road, Dillsburg, York County, Pennsylvania. 3. On or about midnight on Friday May 28, 2010, or shortly thereafter on Saturday, May 29, 2010, the Defendant was the owner and operator of a 2009 white Jeep Wrangler and was traveling in a southerly direction on Wolfs Bridge Road, Township Road T-508, in Middlesex Township, Cumberland County, Pennsylvania. 4. At said time and place, Wolfs Bridge Road was a two lane highway with one lane of travel in each direction. 5. At said time and place, Defendant attempted to cross a bridge owned and maintained by the Plaintiff; the bridge was a one lane bridge for vehicles traveling in each direction. 6. Immediately prior to, and upon entering upon the! bridge, Defendant was engaged in texting on a handheld cellular device and was not attentive to the operation of his vehicle or to the highway conditions then and there existing. 7. At said time and place, the vehicle operated by Defendant violently collided at a high rate of speed with the end of the right side guardrail of the Plaintiff's bridge causing the vehicle to go airborne and start to flip toward the left side and then strike a support post on the left side of the bridge causing his vehicle to spin counter clockwise approximately 110 degrees and come to rest on the driver's side in the middle of the bridge. 8. As a result of the collision of Defendant's vehicle with Plaintiff's bridge, substantial damage was caused to the bridge structure as described in an Interim (Emergency) Bride Inspection Report, Cumberland County Bridge C-11, Wolf Bridge, T-508 Wolfs Bridge Road over the Conodoguinet Creek., Middlesex Township, Cumberland County Pennsylvania, Structure ID No. 21 7206 0508 3611, Bride Key: 14077, prepared by Herbert Rowland & Grubic, consulting engineers; a copy of said report is attached hereto, incorporated herein by reference and marked Exhibit "A." 9. As a result of Defendant's collision with the bridge, the Plaintiff incurred the following damages: Emergency Closure & Detour Signing: $8,250.00 Emergency Temporary Shoring: $4,900.00 Engineering Services: $25,290.00 Emergency Repair Construction Cost: $76,100.00 Construction Engineering Phase Services: $20,500.00 Total: $135,040.00 10. The collision with Pla.intiff's bridge and the damages caused thereto were due to the sole fault and negligent, careless and reckless conduct of the ]Defendant as follows: A. In failing to keep his vehicle under proper control at all times; B. In failing to keep his vehicle in his lane of travel and the one-lane of travel upon approaching and entering the bridge; C. In driving his vehicle at a high rate of speed, in excess of the posted speed limit; D. In driving his vehicle at an unreasonably high rate of speed without due regard for the one-lane bridge and road conditions then and there existing; E. In texting immediately prior to approaching the bridge, thereby not being attentive to the one-lane bridge and road conditions, which conduct caused or contributed to his failure to keep his vehicle in proper control at all times and in the proper lane of travel; and F. In losing control of his vehicle and running into the bridge structure. WHEREFORE, the Plaintiff demands of the Defendant the sum of $135,040.00, plus interest, plus costs, which amount is in excess of the amount requiring compulsory arbitration under local rules of court. Edward L. Schorpp, Esq it Attorney ID No: 17495 Office of the Solicitor Cumberland County Courthouse 1 Courthouse Square, Suite 208 Carlisle, Pennsylvania (717) 240-5444 VERIFICATION I certify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. t Kirk Stoner CERTIFICATE OF SERVICE: AND NOW, this 3 PA- day of January, 2011, I, Linda Thumma, of the Office of the Solicitor for Cumberland County, hereby certify that I served a copy of the foregoing upon the following via U.S. mail, postage pre-paid to: Marc A. Moyer, Esquire Todd B. Narvol, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street Harrisburg, PA 17101 Office of the Solicitor Cumberland County Linda Thumma C-11 2010 INTERIM (EMERGENCY) BRIDGE INSPECTION REPORT CUMBERLAND COUNTY BRIDGE C- I I WOLF BRIDGE T-508 WOLFS BRIDGE ROAD OVER THE CONODOGUINET CREEK MIDDLESEX TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA STRUCTURE ID NO. 21 7206 0508 3611 BRIDGE KEY: 14077 CLOSED POSTED Inspected June 1, 2010 for Cumberland County Board of Commissioners by Herbert, Rowland & Grubic, Inc. Consulting Engineers Harrisburg, Pennsylvania Inspected by Daniel F. Long, P.E., C.B.S.I. and Paul W. Wood, P.E. Previously Inspected September 9, 2009 efierbert, Rowland & Grubic, Inc., 2010 FRACTURE CRITICAL C-11 TABLE OF CONTENTS PAGE NO. LOCATION MAP ............................................................................,................................................. 1 PLAN AND ELEVATION ..................................................................,............................................. 2 TYPICAL SECTION ....................................................................................................................... 3 TRUSS MEMBER DETAILS ...................................................................... ............................. 4 GENERAL DESCRIPTION ....................................................................................... SUMMARY OF FINDINGS ....... ........... ...................................................................................... 7 PHOTOGRAPHS ...................................................................................................... _ ...................... 9 LOAD RATING SUMMARY ................ .._..........................;... .................................................... 18 RECOMMENDATIONS ................................. ......... ......... ..................... ......... 19 CONCLUSIONS .......................................................... ............................................ ................ 20 APPENDIX INSPECTION FORMS D-450A, D-450B, D-450K, D-450M & D-450P PROPOSED EMERGENCY DETOUR PLAN MIDDLESEX TOWNSHIP POLICE ACCIDENT REPORT FRACTURE CRITICAL MEMBER SKETCH C-11 TABLE OF CONTENTS PAGE NO. LOCATION MAP.......................................... .. •. . • . • . . .. 1. PLAN AND ELEVATION ........... ................................................................................................ 2 TYPICAL SECTION...... .........................................................................,..-,.................,....... ........ 3 TRUSS MEMBER DETAILS ....:......:..::: ............... ,.....:....,.,....:. ......_....... :.......:...:.................... .. 4 GENERAL DESCRIPTION ..::.:.:........ .......... .....:. ....... ,..:................. ......................... 6 SUMMARY OF FINDINGS ................................ .... 7 PHOTOGRAPHS... ..................... ......... ......... ...................._....._....................._..-................. 9 LOAD RATING SUMMARY .:....:..:..... -...::...................... ........................ :............... 18 RECOMMENDATIONS ... .:................. ..::.:...... . :.....:.. .... .......................... ..........::...:.:.:........... 19 CONCLUSIONS :.. ........ ...:..... ................................. 20 APPENDIX INSPECTION FORMS D450A, D45013, D-450Y,, D-450M & D-150P PROPOSED EMERGENCY DETOUR PLAN MIDDLESEX TOWNSHIP POLICE ACCII)ENT REPORT FRACTURE CRITICAL MEMBER SKETCH awvihrAxNd i Mwfiawrx 1 B IF Na, SI ?IFS 6W .ill r IA(NV Ara aff LOCATION MAP 1 Cumbvimtd County BMS No. 21 7206 0508 3611 Bridge No. C-11 2 . ISO, 'ow r 21 1w 2 Cumberlmd County BMS Na. 21,7206 0508 3611 Bridge No. GII C wnberland C:owtty BM,S ND. 21 T206 0508 3611 Bridge No. G11 4) AM, -IN -IF i ' '+ [ , tom + + ?'Alp; N s Y? x! { sr ; •? t '? i - r i t f o :. c Y - Cumberland County BMS No. 21 7106 0508 3611 Bridge No. C-11 Isx, T'Q?1 BAR' 2% PIN TYPICALamm SECTION SCALE • %6 - T-Q" S a 3 t2n a PIN _CORBEAM ANGER R QUAbaland.Cow* 13MS Nn: 21 7206 008 3611 Bridge No. C-11 • - -- 4F~ 1 t. ••J rW ! i 1 i • 1 i?f _ ; Yom` -;_ l __._ ??._.? `. ??...) ..?._.?. _4 ct L%l C4 ILI r?x . N 1 ,p -?- J __4 L OIA Dimberknd County BUS No. 21 7206 0308 3611 Bridge No. FI1 1 I T } IiA ,- r? 2 1 Ir1 ?p:Q , tY1 E' ?.. Rd Ai T, [ s C-11 GENERAL DESCRIPTION STRUCTURE TYPE: ......................................................................................... Single Span Through Truss YEAR BUILT :................................................................................................................ ...................1895 SPAN(S) : . ........... ... .. ... ..... .................. .........................................190'-0" c/c Brgs.. SKEW: ....................................................................................................................................................... 900 DECK TYPE: ........................................................................................................................ Steel Open Grid ABUTMENT TYPE: ................................................................................:.............................. Stone Masonry PIER TYPE:............... .....................................................................:........................................................N/A HORIZONTAL CLEARANCE CURB TO CURB: 14'-9" VERTICAL CLEARANCE:.......................................... ..................... ................_..................._......121.71 UNDERCLEARANCE: ......... ......................................................................................................16'-2" (4) APPROACH PAVEMENT WIDTH:................. ...................................................................................19:6' APPROACH ROADWAY WIDTH W/SHOULDERS ..........................................................................19.6' POSTED WEIGHT I=: ...............................................................................................................10 Tons ESTIMATED AVERAGE DAILY TRAFFIC .......................................................... 2000 (Estimated 1995) 6 Dimberlund County RMS No. 21 7206 0308 3611 Bridge No : C-11 r sk -41 _ i ? 7 R? lam.... ; _ }-._. '....... T _. • . .. ........ ? _ ? t,.. ... " kl?Q o. `U` r S'j'tt t ty' ?? c? -T v a ; , A ?? ..... - __ dgc, ,..,_. 44 '? C-11 SUMMARY OF FINDINGS Interim (Emergency) Inspection An emergency inspection of bridge C-11 was required to assess damage sustained to the superstructure as a result of a one car accident which occurred on Friday evening, May 28, 2010. The bridge was closed to vehicular traffic by the Middlesex Township Police Department immediately following the accident. Signing Notes Temporary BRIDGE CLOSED signing along with construction. cones & barriers have been placed by the Township's highway department at each approach to the bridge until permanent closure signing is installed. The bridge is currently posted for a weight limit of 10 Tons. All of the bridge weight restriction advance and site signing is appropriate, visible and in good condition. There are also "Narrow Bridge" signs at each approach and hazard clearance signs at all four corners of the bridge, and all are in good condition. Vertical clearance signs (12'-77) are in place at each end of the bridge on the truss portal bracing. The clearance signs are readily visible and in good condition. Traffic Safety Features Current Rating: Prior Rating: Bridge Railing: The railing along each side, of the structure consists of (2) - 1 5/8" diameter steel pipe rails, which is inadequate and provides no protection for vehicular traffic. As a result of the 5/28/10 accident, the top hand rail at the far left end of the bridge has been bent upward and the top rail at panel point 9 on the downstream side was broken in half. The far left 6" x: 6" curb angle has been bent downward and is slightly rotated in a clock-wise direction. Transition: The transition (first 25' off of bridge) is inadequately stiffened and is not attached to the bridge structure. The guide rail at each end of the bridge begins with a boxing glove end treatment and each has 6-3" post spacing with steel offset brackets. The far left boxing glove and end of guide rail contains evidence (scrapes and tire rub marks) of vehicular collision damage. Some of the damage noted was present during the 2009 inspection. However, additional rub marks and scrapes are visible and the first strong post is loose and can be moved slightly when pushed on. The additional damage is presumably a result of the 05/2.8/10 accident. C-II Superstructure Truss: Current Cond. Rating: Ni Prior Coad. Rating: 05-28-10 Accident: o The vertical member at panel point 9 on the downstream side of the structure was impacted by a vehicle approximately 4.5' of top of steel grate decking. o The vertical built-up steel. member, which consists of two (2) - 6" steel channels back- t-back'8" apart and connected by 'l<" steel lacing bars, has been bent out of plumb 1.6" (+) toward the near end (south) of the bridge and approximately 3" (+) toward downstream (east). o Both vertical channel sections have been sheared approximately 5" from their near (south) end opening a 1 ''/2" opening between torn flange section at 4.5' above the steel grate decking. o The vertical member's bottom connection (L9) to the floor beam has partially failed and has experience prying action on its north face between the '/" base plate and %2 angle & 5/8" bent plate. The welds and'bolts/rivets connecting the base plate to the angle/bent plate have failed and been pulled apart. o The vertical member appears to behave been slightly rotated from its fracture point towards its upper truss connection (U9) which is approximately 30'(-) above top of deck. The`upper joint was inaccessible at the time of inspection due to its height above roadway. However, considering the vertical member's condition and rotation, it is presumed that the member's upper connection may have also been subjected to shear and/or torsional forces from the impact. A more in-depth inspection of the upper and mid-ht joints will be made prior to implementation of the emergency repairs. o The.lower connection (L9) 2 3/8" diameter steel pin, longitudinal and diagonal members framing into the pin connection. and the floor beam did not suffer any damage from the accident. All members typically contain minor to moderate amounts of corrosion with little or no section loss evident. C-11 Superstructure Truss: Current Cond. Rating: 81 Prior Cond. Rating: 05-28-10 Accident: o The vertical member at panel point 9 onthe downstream :side. of the structure was impacted by a vehicle approximately 4.5' of top of steel grate decking: c The vertical built=up steel. member, which consists of two (2) - 6" steel channels back- t back' I apart and connected by '1." steel lacing bars, has been bent out of plumb 1.6" (+) toward the near end (south) of the bridge and approximately 3" (+) toward downstream: (east), o Both vertical channel sections have been shearedapproximately 5" from their near (south); end openimg a 1 '/Z" opening between torn f lange section,;at: 45' above the steel grate decking. o The vertical member's bottom -connection (L9) to the floor beam has partially failed and has experience prying action on its n.orth.face between the VV :base plate and angle .& 5/$".bent plate; The welds and'bolts/rivets. connecting the base plate to the angletbent plate have failed and been pulled apart.. o The vertical memberaappears to behave been slightly rotated from its fracture point towards: its upper truss connection (U9) which is approximately 30' O above top of deck. The.`upperjoint was inaccessible.at the time of inspecti on due to its height above roadway. However, considering: the vertical. member's condition and rotation, it is presumed that the member's upper connection,may.have also been subjected to shear and/or torsional forces from the impact. A more in-depth inspection of the upper and mid htjoints will be made prior to implementation:of the emergency repairs. o 'Thelowerconnection (L9).2 3/8" diameter steel pin, longitudinal and diagonal members fuming. into-the pin connection, and the floor beam did not suffer any damage from the accident. All members typically contain minor to moderate amounts. of corrosion with little,or no section:loss evident. C-11 Photo No. 1: Near Approach Photo No. 2: Far Approach G11 Photo No. 3: Downstream Vertical Member @ Panel Point 9 Photo No. 4: Downstream Vertical Member @ Pane] Point 9 (Looking up from streambed) 10 GII Photo No. 5: Vertical Member Interior Channel Failure 41 Photo No. 6: Vertical Member Exterior Channel Failure 11 C-11 Photo No. 7: Vertical Member Movement (3") @ Top of Curb Rail Photo No. 8: Undamaged Upstream Vertical Member Top of Curb Measurement @ Panel Pt. 9 (12.5" vs. 15.5") 12 C-I1 Photo No. 9: Vertical Member Displacement / Rotation (As Viewed From Mid-Ht Transverse Member) Photo No. 10: Vertical Member Mid-Ht Transverse Member Connection 13 C-I1 Photo No. 12: South Side (Near) of Vertical Member's Base Connection (No Damage Evident) 14 Photo No. 11: North Side (Far)' of Vertical Member's Base Connection (Note Failure of Two Bolts and Welds) C-II Photo No. 13: Vertical Member Top Connection to Truss Top Chord @ Panel Pt. 9 (Note Buckled Lacing Bar) Photo No. 14: East Side (Downstream) of Panel Pt. 9 Lower Connection (Looking up from Creek) 15 C-11 Photo No. 15: South Side (Near) of Panel Pt. 9 Lower Connection (L9) & Floor Beam (Looking up from Creek) Photo No. 16: Far Left Curb, Hand Rail & Guide Rail Damage (Looking South) 16 C--11 Photo No. 17: Far Left Curb, Hand Rail & Guide Rail Damage (Looldng West) 17 I C-11 LOAD RATING SUMMARY Vehicle Rating (Tuns) 1120 (20) HS 20 (36) ML 80 (37.7) TK 527 (40) Inventory 10 12 13 (U5-M4) 15 (LT5-M4) Operating 11(U3-M2) lb 19 (U5-M4) 21 (U5-M4) Steel Grid Deck or Member Shown in Table {Controlling Memberj Load Posting Review: A load rating analysis was performed in December 1997 to accompany an. in-depth inspection made on the structure. An updated analysis was also made in December 1998 to include the replacement of the floorbeams. Load ratings for the stringers and floorbeams were determined using the load factor design method. The truss was analyzed and ratings were determined using the allowable stress method as implemented in the PENNDOT BAR 7 computer program. In February 2004 this analysis was updated to include ratings for the TK527 vehicle. An updated load rating, analysis was performed in. September 2007 to account. for loose truss members, broken truss. member connection welds, and advanced stringer deterioration observed in the. 2007 inspection. Copies of these analyses are included in the appendix of this report. Due to the deteriorated condition of stringer 3 near the far abutment, these ratings are controlled by the capacity of the steel grid decking or the truss members indicated in. the table, including observed section losses. Based on these ratings and the observed conditions, the current 10 ton posting is acceptable and should remain. 18 C-11 LOAD RATING SUMMARY Vehicle Rating; f Tons;) H 20 (20) HS 20 (36.) ML 80 (37.7) TK 527 (40) Inventory 10 12 13 (U5-M4) 15 (U5 M4) Operating 11([73-M2) lb 19 (U5-M4) 11 (U5-M4) Steel Grid Deck or Member Shown in Table (Controlling Member) Load Postine Review A load rating analysis was performed in December 1.997 to accompany am in-depth inspection made on the structure. An updated analysis was also made in December 1998 to include the replacement of the floorbeams. Load ratings for the stringers and floorbeams were determiner using the load factor design method. The truss was analyzed and ratings were determined using the allowable stress method as implemented in the PENNDOT BAR 7 computer program. In February 2004 this analysis was updated to include. ratings for the TK527 vehicle. An updated load rating analysis was. performed in September 2007 to account for loose truss members, broken 'truss member connection welds, and advanced stringer deterioration observed in the 2007 inspection. Copies of these analyses are included in the appendix of this report. . Due to the deteriorated condition of stringer 3 near the far abutment, these ratings are controlled by the capacity of the steel :grid decking or the truss members ;indicated in, the "table, including. observed section losses. Based on. these ratings and the observed conditions, the current 10 ton posting is acceptable and should remain. 18 C-11 RECOMMENDATIONS Estimated Priori Cost Code Approach Roadway - Detour Signs 1 EA $5,000 per EA $5,000 0 Provide bridge /road closure and detour signs along approved local and state routes; inspect signs weekly and repair/replace signs as needed. 2. Truss - Member Repair 1 EA $50,000 per EA $35,000 0 Replace in-kind the vertical member and its upper and lower connections atpanel point 9 on the downstream side of the bridge. 3. Construct Temporary Support 4 SY $2,500 per SY $7,500 0 Provide temporary support underfloor beam at downstream side of truss panel.point 9. 4. Railing - Structure Mounted 375 LF $125 perLF $45,875 2 Provide structure mounted guide rail along each side of the bridge on inside of truss members. Total Cost of All Repairs: S 94,375 Posting and Signing 1. Bridge Closed and Detour signs are required in accordance with approved Detour Plan. 2. The bridge is currently posted for 10 Tons. 3. One lane bridge signs are present at each approach. Inspection Requirements 1. The bridge should be reinspected in 12 months. 2. An underwater inspection or any other specialty inspection is not required at this time for this bridge. 19 C-11 CONCLUSIONS Bridge C-11 is currently closed to vehicular and pedestrian traffic due to superstructure damage sustained from a one-car accident which occurred on Friday, May 28, 2010. Following the crash, temporary bridge closure signs and mounds of stone have been placed on each approach by the Township's highway department. A formal detour plan has been developed incorporating approved signing and. barricades and is currently under review by the Department. Once approved the detour plan should be implemented immediately and temporary signs removed. The primary damage to the bridge as a result of the accident is located on the vertical truss member at panel point no. 9 on the downstream side of the structure. The damaged member has been bent out-of- plumb in two directions (16" south; 3" east) and has been sheared almost completely through (5") approximately 4.5' above the deck surface. The member's bottom connection to the floor beam has partially failed and has been pried away from the pin connection's angle and.bent plate. Considering the extent of damage (buckling and shearing) to the vertical member it is recommended that a temporary support be installed as soon as possible to support the floor beam removing load from the damaged vertical member. Once the bridge has been shored, the damaged vertical member should be removed and replaced in-kind. The lower, intermediate and upper connections to the floor beam, portal beam and top truss chord should also be removed and replaced in-kind. Secondary damage to the structure also occurred to the steel pipe hand rail at the far left comer of the bridge and in front of the damaged vertical member. At both locations the pipe rail is irreparable. All hand rails should be removed and replaced with a "structure-mounted" type guide rail securely attached to the existing steel deck grating. The bridge should remain closed to all traffic until all repairs have been installed. The current weight restriction of 10 Tons is still valid and should remain in effect until further notice. Due to the bridges' age (115 years), deteriorated condition, lack of functionality (one lane), inadequate traffic safety features (bridge railing and transition) and ADT (2000+), the structure should be considered as a candidate for a complete bridge replacement in the near future. This bridge should be inspected again by a qualified engineer before the end of September 2010 to perform the bridges regularly scheduled Interim (Special) Inspection. 20 C-II CONCLUSIONS Bridge C-11 is currently closed. to vehicular and pedestrian traffic due to superstructure damage sustained from a one-car accident which occurred on Friday, May 28, 2010. Following the crash, temporary bridge closure signs and mounds of stone have been placed on each approach by the Township's highway department. A formal detour plan has been developed incorporating approved. signing and barricades and is currently under review by the Department. Once approved the detour plan should be implemented immediately and temporary-.signs removed. The primary damage to the bridge as a.result of the accident is located on the vertical truss member at panel point no. 9 on the downstream side of the structure. The damaged member has been bent out-of- plumb in two directions (16" south;. Y east) and has been sheared almost completely through (5") approximately 4.5' above the deck surface. The member's bottom. connection to the floor beam has partially failed and has been pried away from the pin connection's angle and.bent plate. Considering the extent of damage (buckling and shearing) to the vertical member it is ;recommended that a temporary support be installed as soon as possible to support the floor beam removing load from the damaged vertical member: Once the bridge has been shored; the damaged vertical member should be removed and replaced in-kind. The lower, intermediate and upper connections to the floor beam, portal beam and top truss chord should ..also be removed and replaced- in-kind. Secondary, damage to the structure also occurred to the steel pipe hand rail at the .Ear left corner of the bridge and in front :of the damaged vertical member. At both locations the pipe rail is irreparable. All hand rails should be :removed and replaced with a "structure-mounted" type guide rail :securely attached to the existing steel deck ;grating. The bridge should remain closed to all traffic until all :repairs have been ;installed. The current weight restriction of 10 Tons is still valid and should remain in effect until further notice.. Due to the bridges' age (115 years), deteriorated condition, lack of functionality (one lane); inadequate traffic safety features (bridge railing and transition) and ADT (2000+), the structure should 'be considered as_ a candidate for a complete bridge replacement mi the near future. This bridge should be inspected again by a qualified engineer before the end of September 2010 to perform the bridges regularly scheduled Interim (Special) Inspection. 20 C-II APPENDIX SITE DATA pennsytvania Form A DEPARTMENT OF TRANSPORTAJEON Form D-450A 5A01 SR ID: 21720605083611 5A03 BR Key: 14077 7A01 Inspection Date: June 01, 2010 1 A09 Inspection Status: 2 - Submitted 7A02 Team Leader: 525 Herbert, Rowland & G Nettles 7A03 Inspection Type: I - Interim (special) 7A05 Inspected By: 8 - Consulting Firm Structure Description 5A08 FHWA Facility Carried: 5A07 Features Intersected: SA09 Location: 5C01 Roadway Name: 5A06 City 1 Borough Name: WOLF BR.RD, T-508 CONODOGUINET CREEK &0 NE CARLISLE MIDDLESEX WOLFBRIDGE 21/206 - MIDDLESEX Structure Type Main 6A26 Material Makeup: 7 - Alum, Iron 6A27 Physical Makeup: 6 - Rolled sections 6A28 Span Interaction: 1 - Simple, non-comp 6A29 Structural Config: 18 - Truss - thru Approach 6A26 Material Makeup: 6A27 Physical Makeup: 6A28 Span interaction: 6A29 Structural Config: Report Version Date: 8/15/2009 Page of Date Printed June 03, 2010 I This document includes structure safety inspection information that is confidential pursuant to 65 P.S. §66.1 et seq., 75 Pa. C.S. §3754 and 23 U.S.C. §409 and may not be disclosed or used in litigation. SITE DATA pennsytvania Form A DEPARTMENT DF TRANSPORTATION Form D-450A 5A01 SR ID: 21720605083.611 5A03 BR Key: 1.4077 7AD1 Inspection Date: June 01, 2010 1A09 Inspection Status: 2 - Submitted 7A02 Team Leader: 525 Herbert, Rowland & G Nettles 7A03 Inspection Type: I - interim (special) 7A05 Inspected By: 8 - Consulting Firm Structure Description 5AO8 FHWA Facility Carried: 5A07 Features Intersected: 6A09 Location: 5C01 Roadway Name; 5A06 City / Borough Name;. WOLF BR.Rp, T-508 CONODOGUINET CREEK 3.0 NE CARLISLE MIDDLESEX. WOLFBRIDGE 21/206 - MIDDLESEX Structure Type Main 6A26 Material'Makeup: 7 - Alum, Iron 6A27 Physical Makeup: 6 - Rolled sections 6A28 Span Interaction: 1 -Simple, non-comp 6A29 Structural Config: 18 - Truss - thru Report Version Date: 8115/2009 Page of Approach 16A26 Material Makeup: 6A27 Physical Makeup: M6A29 Span Interaction: Structural Config: Date Printed June 03, 2010 This document includes structure safety inspection information that is confidential pursuant to 65 P.S. §66.1 etseq., 75 Pa. C.S. §3754 and 23 U.S.C. §409 and may not be disclosed or used in litigation. 1 SITE DATA Form D-450A pennsytvania Form A DEPARTMENT OF TRANSPORTATION 5A01 SR ID: 21720605083611 5A03 BR Key: 14077 7A01 Inspection Date: June 01, 2010 6815 Design Exceptions: 6A50 Sup Latent Problem: _ 6A51 Sub Latent Problem: _ Deck Geometry Table Used for Appraisal: 1 - 2A12B Controlling Values 5C70 ADT: 2,000 SC27 Bridge Road Width: 14:8 4A10 Appraisal: 2 - Intolerable-Replace Notes: 4A11 UnderclrAppr: N - Not applicable (NBI) 6B13 Controlling Vertical: -10 FT Controlling Lateral: Traffic Safety Features IA01 1A02 IA03 bC08 Adequacy Posted Spd Feature Type Location Rating Description Lmt (mph) 1 -.Railing 2 - Req not provided (2) -15/8" dia. steel pipe rails. -1 Comment: As a result of the 512811.0 accident, the top'hand rail at the far left end of the bridge has been bent upward and the top rail at panel point 9 on the downstrearn side was,-broken in half. The railing consists:of (2) -1 5/8" dia. steel pipe. rails. Provides weak, inadequate protection. Upper rail connection at L2-M2. upstream and L1-U1 downstream is loose. Collision damage. at far left rail end. Bottom rail collision damage between downstream Ll land L12 and. at upstream L5. There is surface rust and pitting throughout Also there is a 6" x 6" steel angle as a curb that has surface rust and pitting throughout -------------------------------------------- ---------------,---- ----------------------------------------- 2.- Transition 2 Re not Provided -1 Comment: The transition (first-25' off of bridge) is inadequately stiffened and is not attached to the bridge. structure: The guide rail at each end of the bridge begins with a bolting glove end treatment and each has 6'-3." post spacing with steel offset brackets: The far left bopng glove and end of-,guide rail. contains evidence (scrapes and tire rub marks) of Vehicular collision. damage. Some of the damage noted was present during the.2009 inspection. However, additional ruo marks and scrapes are visible and the first strong post is loose. and can be rnoyed,slightly when pushed on. The additional damage is presumably a result of the 05128/10 accident. ----------- ---------------- --------------------------------------- - -------------- ------------------- ----------- - ---------- -------- ---------- ----------------- -------------------------------- 3 - Approach Guiderail 6 - adeq/not standard -1 Comment: The guiderail has V-3" post spacing with steel offset brackets. The lengths of the tluiderail are 75' at both the near right and near left, 50' at the far left and 37.5' at the far right. There is some very minor damage at the far left, ----- ---- ------------- 4 -Approach railend 5 - Meets code 6/repair -1 Comment: All four end treatments are turn downs out of the clear zone. There is damage to the near left, near right and far left. -------------------------------------------------------- ------------------------ ------------------------------------------------------------ -- --------------------------------------------------- Approach Alignment 4A02 Code: 3 - Intolerable-Correct Comment: The near has a horizontal curve just before the bridge while the far, is tangent. The bridge is also on a vertical curve with both approaches being below the bridge. This creates a substaintial speed reduction. Report Version Date: 8/1512009 Page _ of _ Date Printed June 03, 2010 1 This document includes structure safety inspection, information that is confidenfial pursuant to 65 P.S. §66.1 et seq., 75 Pa. C. S. §3754 and 23 U.S.C. §409 and may-not 'be disclosed or used in litigation. pennsylvan a w DEPARTMENT OF TRANSPDATATiON SA0:1 SRID:21720605083611 Sign Information ID01 ID02 Sign Type of Sign Needed 0 - Bridge Yes SITE DATA Form D-450A Form A 5A03 BR ley: 14077 7A01 Inspection Date: June 01,. 2010 5603 ID06 ID04 ID07 Ib05 Sign Near Bridge Site Far Message Adv Near Far Adv Comments G G G N 1 - Bridge Weight Limit Yes 10 TONS G G G N Bridge is posted for 10 Tons. All the signs are in place and in good condition. There is no faradvan( signing since there is an intersection at-the far 2 - Except Combinations No 3 -One Truck at a Time No 4 - Vertical Clearance On Yes 12'-7" G G 5 -Vertical Clearance Under No 6 -One Lane Bridge Yes G G _ 7 - Narrow Bridge No 8 - Hazardous Clearance Yes G Present and in good condition. 9 - Other Yes Br. Closed M G. G M Bridge, closed signs are present at each approach t. -the bridge but were not located on either advance during the special inspection. HRG was in process Features Intersected 6C02 5003 .5809 5C06 5C29 4A20 4A79 6C18 6C19 6C20 6C21 6.C22 6C23 6 C24 6817 SR ID On/ Skew Min Lat Ci Tot Hor Cl Min VrtCi Rdwys Vrt CI Over 16ft VT SR Seg Under Angle Dir NHS Left Right Left Right Left Right Left Right Sign ADT 1 90 N/A -1 -1.0 -1.0 -1.0 14.8 -1.0 12.6 -1.0 116 1 2,000 2 0 NIA -1 -1.0 -1.0 -1.0 -1.0 •-1:0 16.2 -1.0 -1.0 -1 Report Version Date: 8/15/2009 Page _ of Date Printed June 03, 2010 This document Includes structure safety inspection information that is confidential pursuant to 63 P.S. §66.4 et seq., 75 Pa. C.S. §3754 and 23 U.S.C. §409 and may not be disclossed or used in litigation. DECK AND SUPER STRUCTURE DATA pennsytvania Form B Form D-450B DEPARTMENT OF TAANSPORTATtON SR ID: 21720605083611 BR Key: 14077 Inspection Date: June 01, 2010 Deck Wearing Surface Main Ap p roach 1 B02 Type of Wearing Surface: 0 - None F 6A30 Typof Wearing Surface: _ - Unknown (NBI) 803 3 Type of Memb. Water-Proof: 0 - None 5 6A31 Type of Memb. Water-Proof: - Unknown (NBI) 5804 Deck Corrosion Protection: 0 - None 6A32 _ Deck Corrosion Protection: _ - Unknown (NBI) SA33 Thickness: 0.0 6A33 Thickness: 0.0 6A34 Date Recorded: 01/0111901 6A34 Date Recorded: 01/01/1901 6B46 Condition Rating: N - Not applicable IC02 Dk WS Notes: Open steel grate. Expansion Joints 6A41 Number of Expansion Joints: 2 YD25 vD26 vD27 Joint Joint Movement Manufacture Number Type Class Code 1 D - Plate Dam A - Up to 2" G - Unknown 2 D - Plate Dam A - Up to 2" G - Unknown Deck 1A01 Condition Rating: 5 - Fair-all primary structural elements are sound but may have minor section loss, cracking, spalling 6B07 Est. Spall Delamination: 0.00 % 613013 Date: 01/01/1901 6010 Est. Chloride Content: 0.00 °f 61311 Date: 01/0111901 1A07 Unrepaired Spalls: -1.00 SF Deck Top: Rattles under traffic, broken tertiary bar welds @ P.P. 3 thru 7. Concrete ends have minor scaling, missing tertiary bar near P.P. 3 & 5 in DS wheel line. Heavy paint peeling with light to moderate pitting throughout. Deck Underside: Same as top. Deck Drainage: Through steel grate. Expansion Joints: Steel plate at the far abutment filled with some gravel. Deck Notes: Superstructure 1A 44 Condition Rating: 1 - Imminent failure Report Version Date: 8115109 Page of - Date Printed June 03, 2010 This document includes structure safety inspection information that is confidential pursuant to 65 P.S. §66.9 et seq., 75 Pa. C.S. §3754 and 23 U.S.C. §409 and may not be disclosed or used in litigation. SITE DATA pennsytvania Form A DEPARTMENT OF TRANSPORTATION Form D-450A 5A01 SR ID: 2172060508.3611 5A03 BR Key: 14077 7A01 Inspection Date: June 01, 2010 Approach Roadway 6639 Code: 6 - Satisfactory Pavement: Bituminous in satisfactory condition overall. There is minor wear and minor cracking throughout both approaches. There are numerous cracks with some-spailing at both backwalls. Drainage: Natural off shoulder, appears adequate. Shoulders. Gravel & grass. Approach Slab 6838 Code: N - N/A Pavement: None 6804 Bump at Bridge: No Bump 6A39 Relief Joints: 0 - Joints not present 6A41 Number of Joints: 2 Comment: None 6BO2 New Wearing Surface Under Bridge: No Report Version Date: 8/15/2009 Page _ of Date Printed June 03, 2010 This document includes structure safety inspection information that is confidential pursuant to 65 P.S. §66.1 et seq., 75 Pa. C.S. §3754 and 23 U.S.C. §409 and may not be disclosed or used In litigation. r DECK AND SUPER STRUCTURE DATA Ifff pen nsy Lva nia Form B Form D-450B DEPARTMENT OF TRANSPORTATION SA01 SR ID: 217206050,836,11 5X03. BR Key: 14077 ,rA01 Inspection Date: June 01, 2010 Deck Wearing Surface Main Approach 5B02 Type of Wearing Surface: 0 - None 6A30 Type of Wearing Surface: _ - Unknown (NBI) 5BO3. Type of Memb. Water-Proof: 0 - None 6X31 Type of Memb. Water-Proof: _ - Unknown (NBI) 51304 Deck Corrosion Protection: 0 - None 6A32 Deck Corrosion Protection: _ - Unknown (NBI) 1A33 Thickness: 0.0 6X33, Thickness: 0.0 6X34 Date Recorded: 01!01.11901 fiA34 Date Recorded: 01/01/1901 6640 Condition Rating: N - Not applicable IC02 Dk WS Notes: Open steel grate. Expansion Joints 6X41 Number of Expansion Joints: 2 k/D25 vD26 vD27 Joint Joint Movement Manufacture Number Type class Code 1 D - Plate Dam A - Up to 2" S - Unknown 2 D - Plate Dam A - Up to 2" G - Unknown Deck 1 X07 Condition Rating: 5 - Fair-all primary structural elements are sound but may have minor section loss, cracking, spalling 6607 Est. Spall Delamination: 0.00 % ,61308 Date: 0110.1/1901 61310 Est. Chloride Content: 0.00 % 61311iDate: 01/01/1901 1A07 Unrepaired Spalls: -1,.00 SF Deck Top: Rattles under traffic,.broken tertiary bar welds @ P.P. missing tertiary barnear P.P. 3 &+5 in DS wheel line, throughout. Deck Underside: Same as top. Deck Drainage: Through steel grate, Expansion Joints: Steel plate:atthe far abutment filled with some gravel, Deck Notes: Superstructure IA 44 Condition Rating: 1 - Imminent failure Report Version Date: 8115109 Page _ of 3 thri 7. Concrete ends have minor scaling, Heavy paint peeling with light to moderate pitting Date Printed June 03, 2010 This document includes structure safety inspection Information that Is confidential pursuant to 65 P.S. §66.1 et seq., 75 Pa. C.S. §3754 and 23 U S.C. §409 and maynot be disclosed or used in litigation. DECK AND SUPER STRUCTURE DATA pennsylvania Form B Form D-450B DEPARTMENT OF TRANSPORTATION SR ID: 21720605083611 Narrative: One lane, single span with steel open grate Inspection Date: June 01, 2010 05-28-10 Accident: The vertical member at panel point 9 on DS side was hit by a vehicle. The member has been bent out of plumb 16" +toward the near end (south) of the bridge and approximately 4" toward downstream (east),. Bbth vertical channel sections have been sheared approximately 90%0 - 95% through 45 above the steel grate decking. The vertical member's bottom joint connection (1-9) has experience prying action between its base plate and pin connection plates fracturing both welds and bolted connections. The connection plates are connected to the floor beam. Due to the condition of the vertical member and ramificatons should it fail (fracture-critical), a temporary support system will be installed ASAP by an independent contractor under panel point 9 to stabilize the bridge. The vertical member also appears to behave been slightly rotated near its upper truss connection (U9) which is approximately 30' above top of deck. The upper joint was inaccessible at the time of inspection due to its height above roadway. However, it is presumed that the upper connection may have also been exposed to shear and/or torsional forces from the impact. A more in-depth inspection of the upper and mid-ht joints will be made after the temporary support has been installed. The pin and longitudinal and diagonal members framing into the connector did not suffer any damage from the accident. All members typically contain minor to moderate amounts of corrosion with little or no section loss evident. Girders/Beams: Floorbeams: 05-28-10 Accident: No damage to floorbeams were noted. Overall all beams look to be in good condition and were rehabilitated in 1998. Gorrossion is typical at connection plates at ends. Stringers: 05-28-10 Accident: No damage to stringers were noted. The fascia stringers exhibit light pitting on the bottoms of bottom flanges and inboard web surfaces. The interior stringers and fascias of the. fascia stringers typically exhibit heavy paint peeling with moderate to heavy pitting throughout their length. There are also areas of extensive rust delamination deterioration at many locations along the interior stringers. This delamination deterioration has caused moderate section losses on both flanges and on the bottom third of the webs. Greater deterioration is located at the abutments. At the far Abutment: There are thin areas and holes in the webs of stringers 2, 3, and 4. Stringer2 has a 6'-0" long area of thin web with three holes. Both flanges are heavily delaminated with mid-span section losses of 30% and 15% on bottom and top, respectively. Stringer 3 has a T-4" long area of thin web with two holes (5' maximum depth) and a third area full of small holes. Stringer 4 has areas of moderate delamination on the bottom half of the web: and bottom flange. Also, an 1 T' x 2 i/2" web hole adjacent to the previous repair area. Between panels 11 and 12: Stringer 3 near floorbeam 11 has areas of thinning webs with holes. The thin area in panel 11 is 6'-6" long with al'-0" long by 3" high hole At the South Abutment: There is moderate pitting to light delamination on the bottoms of the webs and both flanges of Stringers 1 and 3. There are holes in the webs of stringers 2 and 4 extending a maximum of 1'-9" from the bearing centerline and up to 2" up from the bottom flange. Diaphragms: Stringer diaphragms at abutments - good condition. Report Version Date: 8/15/09 BR Key: 14077 Page _ of Date Printed June 03, 2010 I This document includes structure safety inspection information that is confidential pursuant to 65 P.S. §66.1 et seq., 75 Pa. C.S. §3754 and 23 U.S.C. §409 and may not be disclosed-or used in Iitigation. DECK AND SUPER STRUCTURE DATA Form D-450B pennsytvarna Form B W DEPARTMENT of TR,4NSPOATAT[ON SA01 SR ID: 21720605083611 5A03 BR Key: 14077 7A01 Inspection Date: June 01, 2010 Truss Members: See NARRATIVE for 05-28-10 Accident damage assessment. The trusses are generally in fair condition. Surface rust and peeling paint are typical throughout the members. There is lower and middle pin joint rust pack up to 1 112" thick between members, 5%-10%o section loss' of member ends due to pitting, and rusting with section loss on pin nuts. The upper pin joints exhibit minor surface rusting. The upper chord members exhibit rust pack between the cover plate and the channels, which is causing buckling of the cover plate between rivets. There is heavy pack rust distortion of the connection plates of M8-U8 at M8 of the east truss. Pack rust action has also caused cracks to form in the repair welds on the upstream connections plates of M10-U10 at M10 in both trusses. One very loose eyebar of each pair in the east truss was observed in the following locations: inboard L646, outboard 1-8-M8, and inboard 1-10-M10. It is likely that the partner eyebar carries all the member forces at these locations. There are broken welds of the top hand rail attachments to members L2-M2, 1-444, and L6 M6 in the east truss. No cracks were observed in any primaryyten.sion member base metal, except for forging line surface defects in the teardrop ends of several vertical hanger bars. The most pronounced being at thebottom of the L10-M10 inboard. eyebar in the west truss. Bridge railing collision damage at L5 on the west truss has resulted in an out of plane displacement, of L5-U6 and a bent web on the L5-U5 inboard channel. The channel flange adjacent to a web hole also appears to have been crippled at this location. Hole in downstream inboard channel of L7-U7 and 1-9-U9 at lower lateral strut connection. The member L3-M4 ati-3 has been repaired on both trusses. Portals/Bracings: 05-28-10 Accident: No damages were noted. Portal Bracing: The original portal members are in place with the exception of the knee braces, which have been replaced. The bottom horizontal angles of the portal exhibit severe pack rust and as much. as 75% section loss of the legs near the knee braces. The outside angles have been reinforced with a newer angle welded to them over a 5' length at the ends, but the deterioration has extended beyond this repair. The newer knee braces have been welded to the original portal and the end posts, and are in good condition, with only minor rust pitting. The sway bracing and upper lateral bracing exhibit surface rust but no visible section loss. Previous inspections revealed the lower horizontal gusset plate at the attachment of the upper lateral bracing to the top chord of the truss is severely deteriorated. Section loss is uniform and measures approximately 90%, with isolated areas of 100% loss. These upper portions of the structure were inaccessible during this inspection. The connections of the lower strut ofthe sway bracing to the vertical truss members have been repaired by welding plates to the truss members and welding the strut to these plates. These connections are rust pitted but in good condition. There are holes in the channel webs adjacent to these welded repairs in L7-U7 and L9-U9 of the east truss. The lower lateral bracing consists of diagonal rods that pass through the floorbeams. This bracing is in excellent condition. Bearings: 05.28-10 Accident: No damages. to bearings were noted. Far Truss: Expansion, Are covered with.heavy surface rust, but do not have any significant section loss. Appear to be locked up due to pack rust and incapable of handling anticipated movements. Near Truss: Fixed, corroded with pack rust and debris. Stringers: Bear on steel plates at the abutments. New plates were installed during the 1998 repair work. Far: Stringers 2 and 3 are not in contact with the bridge seats under dead load, but are when live load is present. Drainage System: None Report Version Date: 8115109 Page _ of _ Date Printed June 03, 2010 This document includes structure safety inspection information that is confidential pursuant to 65 P.S. §66.1 et seq., 75 Pa. C.S. §3754 and 23 U.S.C. §409 and may not be disclosed or used In 110gadon. DECK AND SUPER STRUCTURE DATA pennsyLvania Form B Form D-450B DEPARTMEKT OF TRANSPORTATIQN 5AD1 SR ID: 21720605083611 ,5A03 BR Key: 14077 Truss Members: See NARRATIVE for 05-28-10 Accident damage assessment. Inspection Date: June.01, 201.0 The trusses are .generally in fair condition. Surface rust and peeling paint are typical throughout the members. There is lower and middle pin joint rust pack up to 1 V2" thick between members, 5%-10%o section loss: of member ends due to pitting, and rusting with section loss on pin nuts. The .upperpin joints. exhibit minor surface rusting.. The upper chord members exhibit rust pack between the. cover'plate and the. channels, which is causing buckling of the cover plate between rivets. There is heavy pack rust distortion of the connection plates of M8-U8 at'M8 of the east truss. Pack rust action has also caused cracks to form in the repaVw. elds on the upstream connections plates of M10-U10 at M10 in both trusses. One very loose eyebar of each pair in the east truss was observed in the following locations: inboard L646, outboard 1_848, and inboard L1.t}M:10. It is likely that the partner eyebar carries all the member forces at these locations. There are broken welds of the top hand rail attachments to members 12-M2, 1_4-M4; and L6 M6 in the east truss: No cracks were observed in any primarytension member base. metal, except forforging line surface defects in the teardrop ends of severai'vertical hanger bars. The most pronounced being at the bottom of the L10410 inboard.eyebar inthe-west truss. Bridge railing collision damage at:L5 on the westtrusshas resulted in An out of plane displace..ment,of L5-U6:and a bent web on the L5-U5 inboard channel. The-channel flange adjacentto.a web hole also appears to: have been crippled atthis location. Hofe in downstream.inboard channel of L7-U7 and L9-U9; at lower.lateral strut connection. The member 0-M44L3.has'been repaired. on both trusses. Portals/Bracings: 05-28-10 Accident: No damages were noted. Portal Bracing: The original portal members are in place with the•exception of the knee braces, which have been. replaced, Thebottom horizontal angles of the portal exhibit severe pack rust and as much as 75% section loss of the legs near the knee braces. The :outside angles, have been reinforced with a newer angle welded to, them over a 5' len lth'at the ends, but the deterioration has extended beyond this.repair. The newer knee braces have been welded to the original portal and the end 'posts,. and are in good condition, with only minor rust pitting. The sway bracing antl upper lateral bracing exhibit surface rust ,but: no visible section loss. Previous inspections revealed the lower horizontal guss.et.plate at the attachment of the upper lateral bracing to the top:chord of the truss is.severelydeteriorate.d. Section loss' is. uniform and measures approximately:90%:, with isolated areas of 100% loss. These upper portions of the-structure were inaccessible during this inspection. The connections of the lower strut of'the sway.bracingao the vertical truss members have been repaired by welding plates to the truss members and welding the strut to these plates. These connections are rust pitted but in good condition. There are holes in the channel webs adjacent.tothese welded repairs in L7-U7 and L9-U9 of the east truss. The lower lateral bracing consists of diagonal rods that pass, through the floorbeams. This bracing is in excellent condition. Bearings: 05-28-10 Accident: No damages. to bearings were noted. Far Truss: Expansion, Are covered with_heavy surface rust, but do not have any significant section loss. Appear to be locked up due to pack rust and incapable of handling anticipated movements. Near Truss: Fixed, corroded with, pack rust;and debris. Stringers: Bear on steel plates at the abutments. New plates were installed.during the 1998 repair work. Far: Stringers 2 and 3 are not in contact with the bridge seats under dead load, but are when live load is present. Drainage System: None Report Version Date: 8/15/09 Page of _ Date Printed June 03, 2010 This document includes structure safW inspection information that is confidential pursuant to 65 P.S. §66.1 et seq., 75 Pa. C.S. §3754 and 21 U.S.C. §409 and maynotbe disclosed, or used In litigation. MAINTENANCE NEEDS DATA pennsylvama Form M r5 DEPARTMENT OF TRANSPORTATION 5A01 SR ID: 21720605083611 5A03 BR Key: 14077 7A61 Inspection Date: June 01, 2010 Flexible 70 - RDLDSGN-RPL.LOAD LIMIT SIGN 1 EA 0 06101/2010 2010 No IIVI07 Status: 0 - Work not planned IM15 Notes: Implement approved detour plan and install appropriate signing. IMO9 Location N, F Report Version Date: 8/15109 Page _ of _ Date Printed June 03, 2010 This document includes structure safety inspection information that is confidential pursuant to 65 P.S. §66.1 et seq., 75 Pa. C.S. §3754 and 23 U.S.C. §409 and maynot be disclosed or used in litigation. MAINTENANCE NEEDS DATA pennsy Lvania Form M DEPARTMENT OF TRANSPORTATION 5A01 SR ID: 21720605083611 5A03 BR Key: 14077 HE Inspection Date: June 01, 2010 Flexible 25-A744602-RPR/RPL-STEEL BEAM 6 EA 3 08/28/2007 2009 No IM07 Status: 0 -Work not planned [-IM-l-5-1 Notes: Replace the corroded steel stringers: one in bay one, one in bay eleven and four in bay twelve. IM09 Location 1 Flexible 28 - B744802-REPAIR ABUTMENT t CY 4 09/0912009 0 No IM07 Status: 0 - Work not planned [M15 Notes: Repair the cracked stone below the near left bearing. IM09 Location N ------- -------------------------------------------------------------------------------. _.- - --------------------------------- ------------------------------------- Flexible 65 - C743201-PAINT SUPERSTRUCTURE i EB 3 09109/2009 0 IM07 Status: 0 - Work not planned IM 55 Notes: Blast clean and repaint the entire superstructure. F 1 M09 Location No ----------------------------------------------------- ------ --------------- ------------------------------ ----------------------------------------------- Flexible 37 - C744302-RPR/RPLOPNSTLDK 2 SY 5 09109/2009 0 No IM07 Status: 0 -Work not planned IM15 Notes: Repair the open grid steel deck and properly attach it to the stringers and floorbeams. IM09 Location 1 Flexible 36 - A744701-RPR/RPL.TRUSS MEMBER 1 EA 0 06101/2010 2010 No IM07 Status D -Work not planned IM15 Notes: Repair or replace fractured vertical member downstream panel point 9. Top and bottom member connections should be repaird. or replaced also. IM09 Location 1 Flexible 59 - A745401-CON ST.TEMP.BENT 4 5Y 0 ub/u 1/LU 1u 2010 1v0 IM07 Status: 0 - Work not planned IM15 Notes: Provide temporary support from streambed up to bottom of floorbeam at panel point 9 on downstream side. IM09 Location 1 ----------------------------- ---------------- ----------- --------- ----------- ---- -. -------------- --------------- ------------------ -------------------------------------- Report Version Date: 8/15/09 Page _ of Date Printed June 03, 2010 This document includes structure safety inspection information that is confidential pursuant to 65 P.S. §66.1 et seq., 75 Pa. C.S. §3754 and 23 U.S.C. §409 and may not be disclosed or used In litigation. pennsylvania n DEPARTMENT OF TRANSPORTATION SR ID: 21720605083611 MAINTENANCE NEEDS DATA Form M BR Key: 14077 Inspection Date: June 01., 2010 Flexible 25 - A744602-RPR/RPL_STEEL BEAM 6 EA 3 0.812812007 2009 No IM07 Status.: 0 -Work not planned IM15 Notes: Replace the corroded steel stringers: One in bay one, one in bay eleven and four in bay twelve.. 9- 1 Location 1 Flexible 28 - B744802-REPAIR ABUTMENT 1 CY 4 091092069 0 No IM07 Status: 0 - Work not planned IM15 Notes: Repair the cracked stone below the near left bearing. IM09 Location N Flexible 65 - C743201-PAINT SUPERSTRUCTURE 1 EB 3 09/09/2009 IM07 Status: 0 - Work not planned IM15 Notes: Blast clean and repaint.the entire superstructure. 1M09 Location 0 No Flexible 37 - C744.302 I -RPR/RPLOPNSTLDK 2 SY 5 09/09/2009 0 No IM07 Status: 0 - Work not planned IM1.5 Notes: Repair the open grid steel deck and properly attach it to the stringers and floorbeams. IM09 Location 1 ------------------------------------------------------------------------------------- - ------- - - - ------ ----- ---------------------------------------------- - ------------------------------ Flexible 36 - A744701-RPR/RPL.TR.US.S MEMBER 1 EA 0 06/01/2010 2010 No IM07 Status: 0 - Work not planned IM75 Notes: Repair or replace fractured vertical member downstream panel point 9. IM09 Location 1 Top and bottom member connections should be repaird or replaced also. ' Flexible 59 -A745401-CONST.TEMP.BENT 4 SY 0 06101/2010 2010 No IM07 Status: 0 -Work not planned IM75 Notes: Provide temporary support from streambed up to bottom of floorbeam at IM09 Location 1 panel point 9 on downstream sine. Report Version Date: 8/15/09 Page _ of Date Printed June 03, 2010 This document includes structure safety inspection information that, is confdentra/ pursuant to 65 P.S. §66.1 et seq., 75 Pa. C.S. §3754 and 23 U.S.C. §409 and may not be disclosd or used In litigation. INSPECTION ADMINISTRATION 9 pennsylvania FormP DEPARTMENT OF TRANSPORTATION 5A01 SR ID: 21720605083611 5A03] BR Key: 14077 5'A01 Inspection Date: June 01, 2010 Next Inspection 7A14 Next Inspection By: 2 - County 61320 Next Insp Type: I - Interim (special) Schedule 7A07 7A09 7A10 Insp Types Reauired Freauency Next Date NBI --- 24 September 09, 2011 Fractical Critical No -1 January 01, 1901 Underwater No -1 January 01, 1901 Other Special No 24 September 09, 2010 Element ---- -1 January 01, 1901 Crane -- - [G:B18 January01, 1901 61301 Special InspType: 4 - Problem areas only Estimated Inspection Man Hours 7A12 NBI Crew: 0.00 7A17 Underwater: 0.00 7A1.5 Fracture Critical: 0.00 7A16 Other 1: 0,00 7A13 Crane: 0.00 7A18 Other 2: 0.00 Report Version Date: 8/15/2009 Page _ of Date Printed June 03, 2010 This document includes structure safety inspection information that is confidential pursuant to 65 P.S. §66.1 et seq., 75 Pa. C.S. §3754 and 23 U.S.C. §409 and may not be disclosed or used in litigation. pennsyLvania DEPARTMENT OF 7AANSPORTATION 5A01 SR ID: 21720605083611 INSPECTION ADMINISTRATION Fonn P 5A03 BR Key: 14077 7A01 Inspection Date: June 01, 2010 Current Inspection 7A03 Primary Type: I - Interim (special) 7A06 Types of Inspections Performed: NBI Underwater Element No No Yes Inspection Man Hours 61326 NBI Crew: -1.00 61328 Fracture Critical: -1.00 6B27 Crane: -1.00 Fracture Critical Other Special No Yes 6B30 Underwater: -1.00 6829' Other 1: -1.00 6B31 Other 2: -1.00 Inspection Costs (Entered to nearest dollar) 6832 Engineering: -1 6B33 6834 Special Equip Used: Rigging: -1 Office: -1 6B12 Temperature: 85.0 61309 61303 Inventory Review Recommended: No Change Notes: Inspection Team 7A05 Inspected By: 8 - Consulting Firm 7A02 Team Leader: Herbert, Rowland & G Nettles 6B23 Team Member: Dan Long 6B24 Hired By: 2 61325 Insp Contract Num: 902 Inspection Notes: Single span steel thru truss bridge posted for 10 tons. One lane bridge. Bridge is a. regular school bus crossing. Weather: 1 -Clear Special inspection of truss was conducted on June 1, 2010 to inspect damage sustained during a one care vehicular accident which ocurred on Friday evening May 28, 2010. Due.to the damage to vertical member 9 on the downstream side of the truss, the Middlesex Twp Polic Department closed the bridge to all traffic pending an inspection by County Engineer, HRG, Inc. Report Version Date: 8115/2009 Page of Date Printed June 03, 2010 This document includes structure safety inspection information that is confrdendsi pursuant to 65 P.S. §66.1 et seq., 75 Pa. C.S. §3759 and 23 U.S.C. §409 and may not be disclosed or used In litigation. pennsytvania DEPARTMENT OF TRANSIPOnTATION 5A01 SR ID: 21720605083611 INSPECTION ADMINISTRATION Form P 5A03 BR Key: 14.077 7A0]i Inspection Date: June 01, 2010 Current Inspection 7A03 Primary Type: I - interim (special) 7A06 Types of Inspections Performed: NBI Underwater Element Fracture Critical Other Special No No Yes No Yes Inspection Man Hours 6826 NBI Crew: -1.00 5630 Underwater -1.00 6628 6827 Fracture Critical: -1.00 Crane: -1.00 6B29 663 Other 1: -1.00 Other 2: -1.00 Inspection Costs (Entered to nearest dollar.) 6832 Engineering: =1 6633 Rigging: -1 8634 Office: -1 Special Equip Used: 6812 Temperature: 85.0 6B09 Weather: 1 - Clear 6603 Inventory Review Recommended: No .Change Notes. Inspection' Team 7A05 Inspected By: 8 - Consulting Firm 7A02 Team Leader: Herbert, Rowland & 6 Nettles 8623 Team Member: Dan Long 6B24 Hired By: 2 6625 Insp Contract Num: 2902 Inspection Notes: Single span steel thru truss bridge posted for 10 tons. One lane bridge. Bridge is a. regular school bus crossing. Special inspection of truss was conducted on June 1, 2010 to inspect damage sustained during a one care vehicular accident which ocurred on Friday evening May 28; 2010. Due to the damage to vertical member '.9 on the downstream side of the truss; the Middlesex Twp Polic Department closed the bridge to all traffic pending an inspection by County Engineer, HRG, Inc. Report Version Date: 811512009 Page _ of Date Printed June 03, 2010 This document includes structure safety inspection information that is confidential pursuant to 65 P.S. §66.1 et seg., 75 Pa. C.S. §3754 and 23 U.S.C. §409 and may not be disclosed or used in litigation. Or»6v*i td County BMS No. 21 7206 0508 3611 . Bridge No. C,11 c? f? o' ti v n? 1 Q v I h ? L ay r 3 FIL (-C i-SIC 'fill X!"' 12 PIN 1: J ?,'BER *!0 t;{ Hof EN1,14S 4 11i 3 er ,? `?i 1 i•''i COUNTY OF CUMBERLAND Plaintiff V. JAMES P. HIXENBAUGH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : NO. 10-7444-CIVIL : IN TRESPASS CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy of the Subpoenas attached thereto was mailed or delivered to each parry on or about January 4, 2011 to serve Subpoenas upon Middlesex Township Police Department, Middlesex Township, and Herbert Rowland & Grubic. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this Certificate. 3. The twenty (20) day notice requirement to serve these Subpoenas has been waived by counsel for Plaintiff as evidenced by the attached correspondence. 4. The Subpoenas which will be served are identical to the Subpoenas attached to the Notice of Intent. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP r Date: January 11, 2011 By: ? \ V 1 ' C MARC MOYER, ESQ Attorney I.D. No. 76434 COUNSEL FOR DEFENDANT 896012.1 t COUNTY OF CUMBERLAND Plaintiff V. JAMES P. HIXENBAUGH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 10-7444-CIVIL IN TRESPASS NOTICE OF INTENT TO ISSUE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel for Plaintiff Defendant intends to serve subpoenas upon Middlesex Township Police Department, Middlesex Township, and Herbert Rowland & Grubic, identical to the ones attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas will be served. Respectfully submitted, THOMAS, THOMAS A HAFER, LLP Date: ARC A. MOYER, ESQUIRE COUNTY OF CUMBERLAND Plaintiff V. JAMES P. HIXENBAUGH Defendant IN THE COURT' OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 10-7444-CIVIL IN TRESPASS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Middlesex Township Police Department, 360 N Middlesex Road, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all documents photographs, diagrams. videotapes, audio tapes and/or all other documentation including investigations regarding an accident which occurred on or about May 28, 2010 and/or May 29 2010 at or about Cumberland County Bridge C-1 1, Wolf Bridge, T-508 Wolfs Bridge Road over the Conodoguinet Creek,_Middlesex Township, Cumberland County, Pennsylvania, involving lames P Hixenbaugh You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Prothonotary/Clerk, Civil Division Seal of the Court Deputy COUNTY OF CUMBERLAND Plaintiff V. JAMES P. HIAENBAUGH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 10-7444-CIVIL IN TRESPASS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Middlesex Township, 360 N. Middlesex Road, Carlisle. PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the- follow' ng documents or things: any and all documents. including but not limited to, photographs, renderings, videos, correspondence diagrams notes reports, bid forms, inspection documents and notes, maps, construction documents maintenance /repair records, plans and/or sketches, regarding Cumberland County Bridge C-11. Wolf Bridge T-508 Wolfs Bridge Road over the Conodoguinet Creek. Middlesex Township. Cumberland County Pennsylvania from 1995 to the present You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Prothonotary/Clerk, Civil Division Seal of the Court Deputy COUNTY OF CUMBERLAND Plaintiff V. JAMES P. HIAENBAUGH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : NO. 10-7444-CIVIL IN TRESPASS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Herbert Rowland & Grubic, 369 East Park Drive, Harrisburg, PA 17111 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all documents, including but not limited to, photographs, renderings, videos correspondence diagrams notes, reports bid forms, inspection documents and notes, mans, maintenance/repair records plans and/or sketches regarding Cumberland County Bridge C-11. Wolf Bridge T-508 Wolfs Bridge Road over the Conodoguinet Creek, Middlesex TownshW. Cumberland County. Pennsylvania without limitation in date You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Prothonotary/Clerk, Civil Division Seal of the Court Deputy CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Intent to Issue A Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was s rved by depo 'ting the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the day of 2011, on all counsel of record as follows: Edward L. Schorpp, County Solicitor 1 Courthouse Square, Room 208 Carlisle, PA 17013 Counsel for Plaintiff Date 893313.1 THOMAS, THOMAS & HAFER, LLP Renee K. Coonradt, Paralegal for Marc A. Moyer, Esquire 2 2 I, Edward L. Schorpp, County Solicitor, counsel for Plaintiff do hereby agree to waive the 20 Day Notice of Intent rule allowing counsel for Defendant to issue subpoenas to Middlesex Township Police Department, Middlesex Township, and Herbert Rowland & Grubic. DATE: / Edward L. Schorpp, County Solicitor Smart. Resourceful. CERTIFICATE OF SERVICE AND NOW, this 16ay of , 2011, I, Renee K. Coonradt, of the law firm of Thomas, Thomas & Hafer, LLP, hereby ify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Edward L. Schorpp, County Solicitor 1 Courthouse Square, Room 208 Carlisle, PA 17013 Counsel for Plaintiff Renee K. Coonradt, Paralegal for Marc Moyer, Esquire COUNTY OF CUMBERLAND Plaintiff In the Court of Common Pleas of Cumberland County, Pennsylvania No. 10-7444 Civil Term In Trespass vs JAMES P. HIXENBAUGH Defendant mcu C- "n- -<:r:? © . r--w < . , - > -i PRAECIPE > cz C A,) To the Prothonotary: Please mark the within Complaint settled and discontinued with prejudice. David D. Buell, Prothonotary cTyv? / 7 20 zT I/ Attorney Info: Edward L. Schorpp, Esquire A o ey for plaintiff Office of the Solicitor 1 Courthouse Square, Room 208 Carlisle, PA 17013 Date: June 17, 2011