62. A copy of the Building Permit was mailed by Glantz to BP, July 1, 1974. (Uncontested)
63. In August, 1974, BP applied to the Pennsylvania Department of Transportation for a highway occupancy permit, and the $10 permit fee for same was forwarded by BP to the Pennsylvania Department of Transportation in September, 1974.
64. On October 1, 1974, the Pennsylvania Department of Labor and Industry issued approval of BP's plans for the service station. (Uncontested)
65. Prior to October 25, 1974, Mr. Donald L. Coy, BP's engineer responsible for the site work, had obtained all additional necessary permits for construction of the gasoline service station, including the highway occupancy permit.
66. BP has a company policy against the use of sewage holding tanks.
67. BP determined that sewer permit No. 239954 was not satisfactory to BP.
68. BP advised the Plaintiffs many times in October, November, December, 1974 and in early 1975 that the sewer permit for holding tanks obtained by Passerin was not satisfactory to BP.
69. Mr. Stanek of BP rejected the sewer permit for holding tanks as not satisfactory to BP because the sewer permit was for a temporary, not permanent, sewer treatment system, was costly to operate, required regular attention, might be offensive to customers when being pumped and the layout on the application placed the holding tanks on the BP premises, in direct conflict to the agreement of the parties.
70. The dissatisfaction of BP with the sewer permit was in good faith and neither arbitrary nor capricious.
71. Mr. Stanek of BP advised Mr. Glantz of the reasons why holding tanks and the sewer permit for holding tanks were unsatisfactory to BP.
72. On or about June 7, 1974, with the exception of the water well, the premises were prepared as shown in the photographs identified as Exhibits P-29 through P-35. (Uncontested)
73. The levelling of the site was prepared to BP's specifications.
74. The existence of a great quantity of solid limestone rock on the premises required extensive blasting by Callenberger Construction Co. to level the site to the proper grade.
75. Coy visited the site for the first time after Callenberger had removed 2/3 of the limestone on the tract by blasting.
76. Coy did not give any approval for the blasting nor did he agree that BP would pay for it.
77. Callenberger billed Plaintiffs $9,000 for the blasting work. (Uncontested)
78. On November 7, 1974, Callenberger filed a Complaint against Plaintiffs in the Court of Common Pleas of Northumberland County (indexed to No. 470, Sept. Term, 1974) in assumpsit for the $9,000 blasting charge. (Uncontested)
79. On January 30, 1975, Plaintiffs filed a Complaint in said case against BP as Additional Defendant. (Uncontested)
80. On July 11, 1975, Judge Michael Kivko entered an Order in said case severing the matter of the alleged liability over of BP as the Additional Defendant. (Uncontested)
81. After a non-jury trial, Judge Kivko entered on August 15, 1975, an Order in favor of Callenberger and against the within Plaintiffs, Passerin, Glantz, et al., in the sum of $9,000 together with interest from June 7, 1974 and found that BP was not liable to Callenberger on that contract.
82. The Complaint against BP as the Additional Defendant in the above-referenced county court case is still pending. (Uncontested)
83. On September 30, 1975, Plaintiffs paid the judgment of the Northumberland County Court in full in the amount of $9,757.57 calculated as follows:
a. Amount due for blasting & drilling $9,000.00
b. Interest at 6% to 9/30/75 703.12
c. Prothonotary & Sheriff's costs 54.45
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