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HomeMy WebLinkAbout06-4087BL COMPANIES, INC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. rteL -W7 CIO LL oz 1 COLLOTIA STORES, INC. and GARY COLLOTIA, CIVIL DIVISION -LAW personal guarantor for COLLOTIA STORES, INC. Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A ENCORTE. Siusteddeseadefendersedelasdemandasquasepresentan mas adelante an las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando an la Corte por escrito sus defenses de, y objecciones a, las demandas presentadas aqui an contra suya. Se Is advierte de qua si usted falla de tomar accion como se describe antedormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada an la demanda o cualquier otra reclamacion o remedio solicitado por all demandante puede ser dictado an contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes pare usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UNABOGADO,LLAMEOVAYAALASIGUIENTEOFICINA. ESTAOFICINAPUEDEPROVEERLEINFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 BL COMPANIES, INC Plaintiff V. COLLOTIA STORES, INC. and GARY COLLOTIA, personal guarantor for COLLOTIA STORES, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. UL - YDP7 CIVIL DIVISION - LAW l COMPLAINT The Plaintiff, BL COMPANIES, INC., by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of ELEVEN THOUSAND SIX HUNDRED FORTY-THREE DOLLARS AND FORTY CENTS ($11,643.40), together with interest on the principal balance at the statutory rate from August 28, 2004, together with any and all additional attorney fees incurred by Plaintiff from July 11, 2006, upon a cause of action of which the following is a statement: The Plaintiff, BL COMPANIES, INC., is a Connecticut corporation, having its principal office and place of business at 355 Research Parkway, Meriden, CT 06450. 2. The Defendant, COLLOTIA STORES, INC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 8 South Seasons Drive, Dillsburg, York County, PA 17019. 3. The Defendant, GARY COLLOTIA, personal guarantorfor COLLOTIA STORES, INC., is an adult individual with an address of 8 South Seasons Drive, Dillsburg, York County, PA 17019. 4. The underlying claim herein is for environmental remedial work performed at Defendant's gas station located at 4968 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. F:\USER\R0B1N\CCP&DJ CMPS\CCP COMPLAINTS\BL COMPANIES.32177.wpd: 13Juft COUNTI 5. Plaintiff incorporates by reference the averments set forth in Paragraphs 1 through 3 herein, the same as if fully set forth at length herein. 6. On or about December 2, 2004, Plaintiff and Defendant entered in to a Forbearance and Personal Guaranty Agreement, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 7. Defendant has defaulted on its obligations to Plaintiff in that Defendant has failed, neglected and/or refused to pay the remaining balance due and owing to Plaintiff as set forth in the Forbearance and Personal Guaranty attached hereto as Exhibit "A". 8. The balance due and owing by Defendant to Plaintiff is the sum of Eight Thousand Eight Hundred Seventeen Dollars and Two Cents ($8,817.02) as set forth on Plaintiffs Statement of Account attached hereto, marked Exhibit "B" and made a part hereof, and claim is made therefor. 9. Due to the default of Defendant, and pursuant to the terms and conditions of the Forbearance and Personal Guaranty Agreement executed by Defendant and attached hereto as Exhibit "A", attorney's fees have been added to said account. To date of July 11, 2006, Plaintiff has incurred attorney's fees in the amount of Two Thousand Eight Hundred Twenty-Six Dollars and Thirty-Eight Cents ($2,826.38) and claim is made therefor. Additionally, claim is made for attorney's fees that will be incurred hereafter. 10. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount or any part thereof. F:\USER\ROBIMCCP&DJ CMPS\CCP COMPLAINTS\BL COMPANIES.32177.wpd:I3JuIO6 3 WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of ELEVEN THOUSAND SIX HUNDRED FORTY-THREE DOLLARS AND FORTY CENTS ($11,643.40), together with interest on the principal balance at the statutory rate from August 28, 2004, together with any and all additional attorney fees incurred by Plaintiff from July 11, 2006 COUNT 11- QUANTUM MERUIT 11. Plaintiff incorporates by reference the averments set forth in Paragraphs 1 through 9 herein, the same as if fully set forth at length herein. 12. Plaintiff supplied Defendant with the aforesaid services with the expectation of remuneration. 13. Defendants are unjustly enriched in that they received the value of the aforesaid services without payment. 14. Plaintiff has suffered damages as indicated herein. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of ELEVEN THOUSAND SIX HUNDRED FORTY-THREE DOLLARS AND FORTY CENTS ($11,643.40), togetherwith interest on the principal balance at the statutory rate from August 28, 2004, together with any and all additional attorney fees incurred by Plaintiff from July 11, 2006. Respectfully submitted, KNUPP, K C & GLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff Forbearance and Personal Guaranty Agreement THIS FORBEARANCE AND PERSONAL GUARANTY AGREEMENT ("Agreement") is made as of the 22"d day of November by and among BL Companies, Inc., with a place of business located at 355 Research Parkway, Meriden, Connecticut, 06450 (hereinafter, along with it affiliated companies, `BL Companies"), Gary Collotia, individually and Collotia Stores, Inc., with a place of business c/o Mr. Francis M. Socha, Esq., Thomas, Thomas & Hafer, P.O. Box 999, Harrisburg, Pennsylvania, 17108-0999 (hereinafter "Collotia Stores"). BL Companies, Gary Collotia and Collotia Stores are sometimes referred to together as "the Parties". The Parties agree as follows: 1. BL Companies, doing work through, BL Tethys, LLC, which is one of the companies within BL Companies, has provided to Collotia Stores, and Collotia Stores has received, and is continuing to receive, various environmental and other professional services (the "Services"). 2. Collotia Stores acknowledges and affirms that (a) BL Companies provided Services to Collotia Stores; (b) Collotia Stores is in default with respect to its obligations to pay for the Services rendered; (c) as a result of the default, BL Companies has the right to cease performing any further Services for Collotia Stores and (d) as a result of the default, BL Companies has the further right to declare all sums due and owing and commence legal proceedings to collect all sums due and owing from Collotia Stores. 3. Collotia Stores acknowledges and affirms that: 3.1 The principal amount of Collotia Stores' indebtedness to BL Companies as of November 2, 2004 consists of twelve thousand seven hundred ninety-four dollars and thirty-three cents ($12,794.33) as shown on Exhibit A attached hereto.. 3.2 Pursuant to the contract by and between Collotia Stores, Inc. and BL Tethys, LLC (d/b/a BL Companies) dated April 3, 2003 (the "Contract") attached hereto as Exhibit B, the principal amounts unpaid 30 days after the date of invoice are accruing interest at the rate of 1.5% per month on the unpaid balance. As of November 12, 2004 the accrued interest owed was 877.69. 3.3 Pursuant to the Contract, Collotia Stores is responsible for all attorneys' fees due to costs of collection. As of October 31, 2004, that amount was $162.75. Forbearance and Personal Guaranty November 22, 2004 3.4 The above amounts set forth in Sections 3.1, 3.2 and 3.3 constitute the "Debt" that is owed to BL Companies. There is no defense, offset or counterclaim with respect to the Debt and Collotia Stores is fully satisfied with all of the Services provided or performed by BL Companies. 4. Collotia Stores previously requested BL Companies to (a) forbear from initiating legal action for the collection of the amounts due to BL Companies and (b) to continue to provide environmental sampling services notwithstanding the default on payment by Collotia Stores. BL Companies has agreed to grant the requested forbearance and to continue to provide services subject to the express agreements and conditions in this Agreement provided that: 4.1 There is no further material adverse change in the business or financial condition of Collotia Stores after the date of this Agreement; 4.2 Collotia Stores shall strictly perform, as and when required, time being of the essence in all respects, all the respective agreements, covenants and obligations set forth in this Agreement; and 4.3 Collotia Stores shall not make any assignment for the benefit of any creditors or similar action or be the subject, voluntary or involuntary, of any bankruptcy, insolvency, re-organization or other similar proceeding. To the extent that BL Companies continues to provide services under the Contract, BL Companies shall bill for such work monthly as of the end of each calendar month. The amounts of such invoices when issued shall become the "Additional Debt." 5. Forbearance. BL Companies agrees to forbear from bringing any legal action against Collotia Stores to collect the Debt or the Additional Debt or any interest thereon or any costs of collection if the conditions and obligations set forth in this Agreement are and continue to be satisfied. BL Companies shall be entitled to accept and receive the payments to be made by Collotia Stores pursuant to the terms of this Agreement. Collotia Stores acknowledges and agrees that in the event any payment is not received by BL Companies when due, Collotia Stores shall be in default under the terms of this Agreement and BL Companies shall be entitled to collect, through any and all means available to it, all sums due and owing from Collotia Stores to BL Companies, including the Debt, the Additional Debt, interest and costs of collection including attorneys fees and related expenses. 6. Unconditional Payments. Collotia Stores agrees to make the following payments to BL Companies. They are NOT contingent on any other event. All such payments must be received in hand at the office of BL Companies or by wire transfer on or before the date specified. Collotia Stores acknowledges that there is no grace period with respect to any of the payments. 2 Forbearance and Personal Guaranty Agreement November 22, 2004 6.1 On or before December 1, 2004, Collotia Stores shall pay one thousand dollars ($1,000.00), 1/6`h of the interest owed which equals one hundred forty-six dollars and twenty-eight cents ($146.28) and attorneys' fees of one hundred sixty- two dollars and seventy-five cents ($162.75) for a total of one thousand three hundred and nine dollars and three cents ($1,309.03). 6.2 On the first of January 2005 and the subsequent four months through and including May 1, 2005, Collotia Stores shall pay one thousand dollars ($1,000) and 1/6`h of the interest owed which equals one hundred forty-six dollars and twenty-eight cents $146.28 for a total of one thousand one hundred forty-six dollars and twenty-eight cents ($1,146.28). 6.3 On or before June 1, 2005, Collotia Stores shall pay the unpaid balance of the Debt and any Additional Debt outstanding as of that date. 7. Default. In the event Collotia Stores is in default of the terms of this Agreement the unpaid balance of the Debt and the Additional Debt shall become immediately due and owing to BL Companies. In the event Collotia Stores is in default of the terms of this Agreement and BL Companies elects to proceed to collect the Debt, or any part thereof, BL Companies shall be entitled to recover: (1) the entire unpaid Debt and Additional Debt that is due and owing, (2) interest on the outstanding balance of the Debt and Additional Debt accruing at the rate of 1.5% per month from the date the unpaid portion was originally due and (3) all fees and expenses, including attorney's fees and collection fees, incurred in recovering payment or enforcing this Agreement including all attorneys' fees subsequent to October 31, 2004 and including interest after November 12, 2004. BL Companies, Inc. may be the only entity or plaintiff seeking collection of the Debt or the Additional Debt, or any portion thereof, from Collotia Stores and no other party comprising BL Companies shall be required to take any action whatsoever. 8. Suit on this A eement. Collotia Stores further acknowledges and agrees that in the event it is in default of the terms of this Agreement, BL Companies may proceed to collect the Debt by alleging a breach of this Agreement and shall not be required to plead, prove or present evidence of the Contract, it being specifically agreed that this Agreement shall be conclusive evidence that Collotia Stores is indebted to BL Companies for all of the amounts specified in paragraph 3 above. 9. Notification to Pennsylvania Department of Environmental Protection. Collotia Stores further acknowledges and agrees that in the event it is in default of the terms of this Agreement, BL Companies may notify the Pennsylvania Department of Environmental Protection that BL Companies shall cease all environmental sampling. Forbearance and Personal Guaranty Agreement November 22, 2004 10. Personal Guaranty. 10.1 Recitals. Gary Collotia acknowledges that he is, directly or indirectly, the owner of Collotia Stores. As a condition of agreeing to forbear from initiating legal action to enforce the debt, and as a condition of agreeing to continue work as described in Section 4, BL Companies has required that Gary Collotia guarantee the payment and performance of Collotia Stores' obligations to BL Companies. 10.2 The Guaranty. In consideration of One Dollar ($1.00) and other valuable consideration from BL Companies including the agreement to forbear from initiating legal action, the receipt and sufficiency of which are hereby acknowledged, Gary Collotia individually hereby guarantees to BL Companies, and its successors and assigns, the full and prompt payment and performance of the Debt as specified in paragraph 3 and the Additional Debt as specified in paragraph 4 and other obligations of Collotia Stores to BL Companies, now existing or hereafter arising, under or pursuant to the Contract or otherwise (collectively, the "Indebtedness"). As used in this paragraph, the term "Guarantor" refers to Gary Collotia individually. (a) In the event of the failure of Collotia Stores to pay or perform all or any portion of the Indebtedness in accordance with its terms, Guarantor absolutely, unconditionally, and irrevocably agrees to pay the Indebtedness. The obligations of Guarantor under this Guaranty are irrevocable, absolute and unconditional, irrespective of the genuineness, validity, regularity, or enforceability of the Indebtedness or any circumstances that might otherwise constitute a legal or equitable discharge of a surety or guarantor. This Guaranty shall be in addition to any other guaranty or any other security for the Indebtedness, and shall not be prejudiced or rendered unenforceable by the existence or invalidity of any such other guaranty or security. (b) This Guaranty is a continuing guaranty and security for the Indebtedness and BL Companies may grant renewals and extensions of time for payment or performance of any of the Indebtedness without impairing, lessening or canceling any aspects of this Guaranty until all of the Indebtedness and any renewals or extensions thereof have been paid and performed in full. For purposes of this Guaranty, all Indebtedness which is now or which may in the future become due or owing to BL Companies by Collotia Stores shall continue to be due and owing to BL Companies until the Indebtedness is actually repaid to BL Companies, notwithstanding the bankruptcy of Collotia Stores or any other event whatever. -notice; *4th-resgeetto-the 4 Forbearance and Personal Guaranty Agreement November 22, 2004 10.4 Costs of Collection. Guarantor shall pay to BL Companies all costs incurred by BL Companies in enforcing its rights under this Guarantee, including attorney's fees and costs. 11. Miscellaneous. (a) This Agreement constitutes the entire agreement between the Parties hereto, and no oral statements or promises, and no understandings not embodied in this Agreement, shall be valid or binding. Any modification must be in a writing signed by all Parties. (b) This Agreement shall be governed by the substantive law of the Commonwealth of Pennsylvania without regard to choice of law principles as to all issues including, but not limited to, the validity of the Agreement, its interpretation and performance, and remedies for breach of contract and all other claims related to the Agreement. (c) The Parties mutually consent and submit to the jurisdiction of the federal and state courts for the Commonwealth of Pennsylvania and agree that any action, suit or proceeding concerning this Agreement may be brought in the federal or state courts for the Commonwealth of Pennsylvania. The Parties mutually acknowledge and agree that they will not raise, in connection with any such suit, action or proceeding, any defense or objection based upon lack of personal jurisdiction, improper venue or inconvenience of forum. (d) The headings of this Agreement are for convenience only and are not a part of the Agreement and form no part of, nor do they vary the terms of, this Agreement. (e) This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all which together shall constitute one and the same instrument. A signature transmitted by facsimile shall be as effective as an original. [The Remainder of This Page is Intentionally Left Blank] Forbearance and Personal Guaranty Agreement November 22, 2004 Whereas, this Agreement has been executed by the Parties and is effective on the date and year first written above. BL Companies, Inc. A Corporation By: ?- Richay F. Orr Vice President & General Counsel Date: November o2? 2004 Collotia Stores, Inc. A Corporation By: N -laiiy Collotia Title: Date: / a`d??oo 5 Gary Collotia Individually as Guarantor ]:\Customers\Collotia\Forebearance Agreement vers. 2.doc Forbearance and Personal Guaranty Agreement November 22, 2004 STATEMENT Companies November 2, 2004 Mr. Gary Collotia Collotia Stores, Inc. C/O Attorney Francis M. Socha 2201 North Second Street Harrisburg, PA 17110 Outstanding Invoices Date Invoiced Received Project 03L678-B Collotia Servi ce Station Mechanicsburg 312612004 2,925.03 2,096.72 4/30/2004 4,951.48 - 512812004 3,438.01 6/2512004 780.02 7/30/2004 2,687.58 8/27/2004 108.93 - Total for 031-678-B 14,891.05 2,096.72 Balance Due 828.31 4,951.48 3,438.01 780.02 2,687.58 108.93 12,794.33 Interest a@1.5% per month on unpaid balance 813.71 Statement Total 13,608.04 EXHIBIT A . Days Outstanding 221 186 158 130 95 67 355 Research Parkway Meriden, CT 06450 Tel. (203) 630-1406 Fax (203) 630-2615 Toll Free (800) 301-3077 Architecture Engineering Planning Landscape Architecture Land Surveying Environmental Sciences APR 1S 2003 11:18 HP I.nSERJET 32200 P•2 April 3, 2003 Mr. Gary Collotia Collotia Stores, Inc. c/o Mr. Francis M. Socha, Esquire 2201 North Second Street Harrisburg, Pennsylvania 17110 RE: Remediation Cost Proposal Former Gasoline Service Station Site 4968 Carlisle Pike Mechanicsburg, Cumberland County, Pennsylvania Project No. 031-678 Dear Mr. Collotia BL Tethys, LLC doing business as BL Companies is pleased to provide the following proposal to perform services for Collotia Stores Inc. (`Client"). The proposal involves the completion of the tasks required to obtain a Release of Liability for the petroleum impairment detected on the above-referenced site under the Site Specific Standard contained in the Pennsylvania's Land Recycling and Environmental Remediation Standards Act (Act 2). The ground water system underlying the Site has been documented to contain concentrations of petroleum compounds in exceedance of the Act 2 standards. BACKGROUND The tasks completed to date by BL Companies on the Site include limited soil and ground water sampling, and the preparation and submission of a Remedial Action Plan (RAP) to the Pennsylvania Department of Environmental Protection (PADEP) for review and approval. Based on the review comments of the PADEP, BL Companies is currently completing preliminary aquifer testing and fate and transport modeling to provide some additional upfront data for the PADEP to approve the RAP. The costs to complete the above tasks were outlined in separate proposals, and thus, are not a part of this proposal. This proposal outlines the costs to complete the tasks upon receipt of an approved RAP. EXHIBIT B 5"..0 Slr7hw cart Hantburg, PA 171 CP Tel. 017) 651.9850 r= 017) 651-9W Tcll Free raon 5773267 Architecture • Englneering Plonning • Landscape Architecture Lana SUrveyfng . Envronmentclsclences APR 18 2003 11:18 Mr. Gary Coliotia Go Mr. Francis M. April 3, 2003 Page 2 HP LRSERJET 3200 Socha, Esquire The costs contained herein are based upon the information that will be submitted in the RAP. If the RAP is not approved as expected, the scope and costs may be altered to reflect those changes. If the dient wishes, he may elect not to initialize this contract until PADEP has approved the RAP. BASIC SERVICES After RAP approval, the following tasks will be completed as part of the Basic Services: 1. Oversight of the removal of the underground storage tanks (USTs) and any contaminated soils, 2. Ground water sampling, 3. additional aquifer testing, 4. fate and transport modeling, 5. preparation of an Act 2 Final Report. The specific tasks BL Companies will perform are as follows: Oversight BL Companies has been told by the Client that the client has discussed the UST removals with a certified contractor and that Client will arrange directly with the contractor for the removal. Therefore, this proposal does not include the cost to complete the closure of the USTs and specifically does not include the removal and proper disposal of the UST systems, the removal and proper disposal of any contaminated soils, the collection and analyses of the required confirmatory soil samples, or the completion of the required UST Closure Report The scope of service in this proposal does include the cost for BL Companies to provide oversight during the removals and assist with the submission of a claim to the UST Indemnification Fund (USTIF) if a release is detected during the removals. It should be noted that the recent investigation performed by BL Companies did not identify the presence of soil contamination around the on- site USTs. However, the investigation was limited due to the presence of shallow bedrock and the on-site USTs, which allowed soil samples to be collected from around but not under the USTs. It is possible contamination may be detected during removal. 3 G.'1MOMWS Pma lWmItlgim Cage 51 M.eu,.amm V1 Mr. Gary Collotia c/o Mr. Francis M. Socha, Esquire April 3, 2003 Page 3 The scope of services cost to complete the oversight of the UST removals will be determined upon a comparison of BL Companies' proposed scope of work versus the UST contractor. If duplicity is found in the scopes of work, BL Companies oversight scope and fee will be reduced accordingly. , 2. Sampling Quarterly ground water samples will be collected from the current monitoring well network. The samples will be analyzed for the PADEP-specified target t compounds for gasoline. If releases from the heating oil or waste oil USTs are 1 encountered during their removal, BL Companies may recommend that the ground water analyses be expanded to include these petroleum products at an additional cost. A summary report will,be prepared upon the completion of each quarter of ground water sampling. This report will be submitted to the PADEP to keep them apprised of the project. The fee for Basic Services includes eight (S) quarterly samples. 3. Aquifer Testing In addition to the sampling described in the preceding section, BL Companies will conduct aquifer testing. This test will consist of performing a 24-hour pump test followed by an eight-hour recovery phase. It is assumed that the purge water generated during the test will be able to be carbon filtered on-site and discharged to a storm sewer 4. Fate and Transport Model In accordance with the Remedial Action Plan, fate and transport model will be completed upon the conclusion of the eight quarters of ground water sampling. The model will utilize the data collected during the aquifer testing and quarterly sampling to predict how far the contaminant plume will migrate and illustrate that it will not produce an unacceptable risk to any sensitive environmental receptor. 5. Final Report A Final Report as required by Act 2 will be prepared and submitted. Mr. Gary Collotia c/o Mr. Francis M. Socha, Esquire April 3, 2DO3 Page 4 The Fee for Basic Services includes the PADEP review fee. ADDITIONAL SERVICES The Basic Services and Fee are based on information provided by the Client. If field conditions or project parameters vary significantly, that may result in Additional Services. The Services being provided within the Fee for Basic Services are only those which are expressly set forth in this proposal. All other services are Additional Services. Additional Services will be provided only if authorized by the Client. Additional Services may be authorized by any reasonably means including facsimile or e-mail. BL Companies can provide any or all of the following Additional Services. Additional Services will be paid on an hourly basis invoiced at BL Companies' Hourly Billing Rates unless there is a mutual agreement to an alternative arrangement. Excessive revisions required by the Client or public agencies. The Fee speed is based on reasonable and customary revisions required by public agencies. Excessive revisions will constitute Additional Services. 2. Any activities in connection with prosecuting or defending an administrative or judicial appeal of any action by a governmental entity, or any other litigation or arbitration relating to the Project or the Site and any additional design or permitting activities resulting from the final resolution of such appeal or litigation. 3. Modifications to the work of BL Companies required by changes in applicable Federal, State and local law, including statutes, ordinances, and regulations. .a1 Mr. Gary Collotia Go Mr. Francis M. Socha, Esquire April 3, 2003 Page 5 FEES A cost breakdown for the tasks described above is as follows: Therefore, BL Companies will complete the tasks detailed above for a 6w!i~i cost rncf- 9'a A* $82,410,00, which includes all expenses. exct'e cl The cost provided above is based on current site conditions and assumes that the PADEP will approve the revised RAP that will include the results of the preliminary aquifer testing and fate and transport modeling. If any of the existing monitoring wells are destroyed during site construction and are required to be reinstalled by the PADEP, BL Companies will not be responsible for this cost. The cost for the reinstallation of the wells will be borne by either the current site owner or the developer. BILLING BL Companies will bill the Client by issuing monthly invoices beginning with the commencement of work and continuing through project completion. The Client agrees that all invoices are due when issued and are payable within thirty (30) days of the date of the invoice. If the Client fails to pay within thirty (30) days of the date of the invoice, the Client agrees to pay interest at the rate of one and one half percent (1.5%) per month. G-?LI LPO Prwp RrrNNel Coo le 8b . Mm Sne.u C5-03 Mr. Gary Collotia c/o Mr. Francis M. Socha, Esquire 1 April 3, 2003 Page 6 If any invoice remains unpaid for more than thirty (30) days after the date of the invoice, BL Companies may terminate services and BL Companies shall have no further obligation or liability. The Client shall pay for services performed by BL Companies through the date of termination. If BL Companies engages an attorney or collection agency to collect any unpaid balance: the Client shall pay all attorneys fees, collection agency fees, and all costs and expenses incurred in the collection of any unpaid balance. If you find this proposal acceptable, please return one signed copy to our office. Should you have any questions regarding this proposal, pricing information, or methodology, please do not hesitate to contact the undersigned at your convenience. BL Companies appreciates the opportunity to provide this cost proposal to you. Respectfully submitted, BL Companies Bradley S. Wolf, BS Project Manager Mark S. Koellner, MS, PG Principal ACCEPTED Collotia Stores, Inc. By: _ Printed Name: ?????. Title: 6M?lbShct Pmoou: ?bm?diaYm Cdlotie 510!!6 Mc 54.M-0?-09 Date: 'ZIAZ-2,24?t T'f X03' 03/14/2006 10:20 12034272545 BL COMPANIES Statement S imi Companies Mr. Gary Collotia collotla stores, Inc, C/O Attorney Francis M. Socha 2201 North Second Street Harrisburg, PA 17110 Outstanding Invoices Balance Days Date Invoiced Received Due O/3 Project 031.878-8 Collotia Service Station Mechanicsburg 6/28104 3,438.01 220.21 3,217.80 855 6/25/04 760.02 780.02 627 7/30104 2,687.58 2,687.58 $92 8/27/04 108.93 108-93 564 Total for 031878-B 7,014.54 220.21 6,794.33 Statement Totals 7,014.54 220.21 8,794.33 Billing inquiries to Skip Martin (8 (800) 301-3077 It Compmiw P.O. Box U5920 BMW, MA 02284-5920 PAGE 02/02 March 14, 2006 Interest Total Due 1.8% Incl. Interest 1,005.56 4,223.36 232.64 1,012.86 756,21 3,442.79 29.08 138.01 2,022.69 8,817.02 2,022.69 8,817.02 Tel. (203) 630.1406 Tol Fm,:(8001 301-30 7 7 FcA 1203) 630-2615 07/13/2006 09:31 912034272540 BL COMPANIES PAGE 02/02 VERIFICATION e.1 Pow 9.1k O' (s.na.. PsSOUaCa rao?r-'SQ-I ?i (neme) (tine) of B L COMPANIES, INC., verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unswom falsification to authorities. B L COMPANIES, INC. Title: RssaG0.tQ. C.ournt.Q Dated: 5%JLj13,2c,ot. 5 V a h..s i r --1 BL COMPANIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v COLLOTIA STORES, INC. and GARY COLLOTIA, personal guarantor for COLLOTIA STORES, INC. Defendant NO. 06-4087 CIVIL TERM CIVIL DIVISION - LAW PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification to Plaintiffs Complaint which was filed on July 19, 2006, in the above-captioned matter. Respectfully submitted, KNUPP, IMBLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Plaintiff VERIFICATION I, ??..1tL Powatl O.2rna?. QSSOC?aCa, ccurs¢.I (name) (title) of B L COMPANIES, INC., verify that the statements made in the aforegoing document 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. B L COMPANIES, INC. By: (?? Pia C). R te. Title: ASSOCIOJO. (!Con-.kR Dated: ?ig?2o?,co 5 CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that on July 24, 2006, 1 served a true and correct copyof the PRAECIPE TO SUBSTITUTE VERIFICATION in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: JOHN J MCNALLY III ESQUIRE THOMAS THOMAS & HAFER PO BOX 999 HARRISBURG PA 17108-0999 KNUPP, KODAK & IMBLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Plaintiff Dated: July 24. 2006 ?, , _; .-, ,,, _,-,. ?: ?, . ` . ' y t SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04087 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BL COMPANIES INC VS COLLOTIA STORES INC ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: COLLOTIA STORES INC but was unable to locate Them deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On August 11th , 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County Postage So answers, 18.00 9.00 10.00 R. Thomas Kline 66.05 Sheriff of Cumberland County 2.31 10 5 . 3 6 ? g/aS?b (. 08/11/2006 KNUPP KODAK IMBLUM Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. SHERIFF'S RETURN - OUT OF COUNTY ,CASE NO: 2006-04087 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BL COMPANIES INC VS COLLOTIA STORES INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: COLLOTIA GARY PERSONAL GUARANTOR FOR COLLOTIA STORES but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 11th , 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answer Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 ?/?f OG 16.00 08/11/2006 KNUPP KODAK IMBLUM Sworn and subscribe to before me this day of A. D. ' YORKTOWNE BUSINESS FORMS, INC. Ph. (717) 845-5955 Fax (717) 848-8936 email: ybf@blazenet.net COUNTY OF YORK 1 OF 2 OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 4 32177 SERVICE CALL (717) 771-9601 SHERIFF SERVICE WSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LNE 1 THRU 12 ©O NOT DETACH ANY COPES 1 PLAINTIFF/S/ BL COMPANIES INC 2 COURT NUMBER 06-4087 civil 3 DEFENDANT/S/ COLLOTIA STORES, INC. AND GARY COLLOTIA, COMPLAINT C I C A SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION Of PROPERTY TO BE LEVIED, ATTACHED, OR SOLD COLLOTIA STORES, INC. 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO. TWP. STATE AND ZIP CODE) AT 8 SOUTH SEASONS DRIVE, DILLSBURG, YORK CTY, PA 17019 7 INDICATE SERVICE PERSONAL ERSON IN CHARGE I'iCKDEPUTIZE U CERT MAIL I7 1ST CLASS MAIL U POSTED U OTHER NOW July 21 2006 I, SHERIFF O NTY, PA, do hereby deputize the sheriff of York COUNTY to execute this [So -wad thereofffa'Bing to law. This deputization being made at the request and risk of the plaintiff.. Wr 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SGRTP. COUNTY Ctxnber SERVE ANY ADULT INDIVIDUAL COMPETENT TO ACCEPT SERVICE. Please mail return of service to Cumberland County Sheriff. Thank you. ADVANCE FEE PAID BY ATTY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of ri t, ' on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriff's sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED 717-238-7151 Ab- RC)-RT?RT n- KonA ?PAIZ?IUR-1?A4RJ ROX 12. SEND NOTICE OF SERVICE OPY NAME AND ADDRESS BELOW. (This area must be completed d nobw rs to be maded) 7/19/2006 ROBERT D. KODAK, ESQUIRE PO BOX 11848, HARR.ISBSURG, PA 17108-1848 CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHELF - DO POT 1A ME 10LOW TM LNG 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicted above. M J M C G I L L Y C S O 17-24-2006 18/18/2006 16. HOW SERVED PERSONAL( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTS D Time Miles Int. D e Time Mlles Int Date Time Miles Int Date Time Mies Int. Dale Time Miles Int Date Time Mites Int. 22. REMARKS: C 23. Advance Costs 24 ,vice Costs 2?41 1F 26. deaea 1 / \` 27 Postage 2 b Total. / 29. Pound 1 30 Notary ? y - 31. Surchg. 32 Tot. Costs 33 Costs Due R fund Check No $15 0.0 0 J C J 1C .- J 7 C J0 .65 3 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert 38. Mieage/Postage(Not Found 39 Total Costs 40 Costs Due or Refund 41 AFFIRMED and subscrib d t b f thi ' SO ANSWERS . or e o e s ,: 42 day of N, Z 77 u? 1n r .Signature of p. Sheriff 45 GATE P H c5 F NGVAR Y 46 Signature of York 7 DATE NOTARIAL SEAL . County Sheriff LISA L. BOWMAN, NOTARY PUBLIC WILLIAM M E, SHERIFF 8/7/06 ?? ^CITY OF YORK, YORK COUNTY 48 Signature of Foreign 49 DATE YORKTOWNE BUSINESS FORMS, INC. Ph. (717) 845-5955 Fax (717) 848-8936 email: ybf@blazenet.net 2 OF 2 32177 COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE 1KSTRUCT1ONS PROCESS RECEIPT and AFFIDAVIT OF RETURN SASE TYPE ONLY LNVE 1 THRU 12 QO NOT DETACH ANY COPES 1 PLAINTIFF/S! BL COMPANIES, INC. 3. DEFENDANTIS/ COLLOTIA STORES, INC. AND GARY COLLOTIA, 2 COURT NUMBER e. COMPLAINT C I C A SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD GARY COLLOTIA VAGjv-,l T- 6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO, CITY, BORO. TWP. STATE AND ZIP CODE) AT 8 SOUTH SEASONS DRIVE, DILLSBURG, YORK CTY, PA 17019 7. INDICATE SERVICE kRSONAL YCPERSON IN CHARGE DEPUTIZE •-I CERT MAIL U 1 ST CLASS MAIL U POSTED U OTHER NOW July 21 20 I, SHERIFF OF TY, PA, do hereby deputize the sheriff of York COUNTY to execute this d ke return th r cording to law. This deputization being made at the request and risk of the plaintiff., 2n2ralf =. SHERIFF OF ?!MCOIJWT 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICA U T OF COUNTY ADVANCE AlVE ANY ADULTTINDIVIDUAL COMPETENT TO ACCEPT SERVICE. Please mail return of service to CLnberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVE MAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in posses" er N levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein Mr any loss, destruction, or removal of any property bet sa 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGI S pop- 10. TELEPHONE NUMBER 11. DATE FILED ROBERT D. KODAK ESQUIRE BOX 11848, HAR ISBSURG P 1 1 8-18 717-238-7151 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This area must be completed d notice is to be mailed) 7 / 1 9 / 2 0 0 6 ROBERT D. KODAK, ESQUIRE PO BOX 11848, HARRISBSURG, PA 17108-1841 U M B E R L A N D CO. S H E R I F F SPACE SELOW FOR USE OF THE SfERFF - DO NOT WRITE SLOW TM LM 13. 1 acknoMAedge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 17/24/2006 18/18/2006 16. HO SERVED PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 16. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) t9 Date of Service 20 Time of Service 21. ATTEMPTS( 04[e ITime Miles Int. Da/ I T? Miles Int. Date I Time I Miles I 1M. I Date I Time I Miles I Int. I Date I Time I Miles I Int I Date I Time I Miles Int. 22 ar- ff4)fd . REMARKS: I - J'J"' ?I jLe' 1 0rl nad? 23. Advance Costs 24 Service Costs 25 N!F 26. Mileage 127 Postage 28 Sub Total 29. Pound 30 Notary 31 Surchg. 32 Tot. Costs 33 Costs Due or Refund Check No. 34. Forri9n County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38. MileagelPoslagrJNot Found 39 Total Costs 40 Costs Due or Refund av w.?a?crca 41. AFFIRM before this Sign ature of H O 45. DATE 42 day Dep. Sherill NOTARIAL SE% 46. Signature of York 7LISAL. SOVOWAN NOTARY PUBLIC County ShenR ITY 9 YORK, YORK COUNTY M ESHERIFF 8/7/06 MN(IS'ION FxD oco ., ,. Curtis R. Long Prothonotary Office of the Protbonotarp Cumberfaub Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573