HomeMy WebLinkAbout98-06067
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projl.ct ')n d:J Iii il':i'l1jd) I'd.;::;
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199), 'J':w f'! ..> l:i.J~ :,'ldt.i'J!i:~:;:p tlj'!'....t.'t'!l fq)!,,'j ,Ifld H('I:k lldd
dCle:flO!'dt.\':.J:(J !,lJ.' r<-ilnt '.':111':-" !\f.'~tlj(:r party c1(:sl.rr.:ci to be
involved "JiLh t.h(~ t:ither Pdt't'l, either pr()(t:.s~;lufl(jlly or
personally. Therefore, there was no contract between the parties
during this Lirn!:; p(:riod.
13. Denied. Beck incorporates his answer to Parag::-aph 12
as if set forth at l~ngth.
14, Denied. After returning to the Bedford area, Appel
advised Beck that he had neither the time nor the financial
ability to continue the activities of ABI.
15 Admitted.
16. Admitted.
17. Admitted.
18. Admitted,
19. Admitted and denied.
It is admitted that Beck intends
to sell the remaining lots in the Conewago Turf Farm subdivision.
It is denied that there is any exclusion or prejudice to ABI from
such transactions for the reasons set forth in Paragraphs 11 and
12 which are incorporated herein by reference,
20, Denied. The development plan for the Conewago Turf
Farm property is not substantially similar to the one created by
ABI. ABI's original plan involved the construction and building
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of the hC)r~l~:~; L)y hE; 'lwi d "j',l:.~ ':":,~_Ul': pdrt.flt~r". Th~' cur rf'nl
project i~; lotdl1y :ji ~ I l.:r(;l\l. , :;, !,.' :~I'_':; dt'C' [)i:inq bui ld t)y Be(:k
or any bu~';inc~)::, ent.itic::;; ill ',.lilJI'I~ B.;ck is dfti lidlcd. f3(__'ck if;
strictly selling tile properly"'; " cj,-,veloper ilncl real eslale
agenl.
21. Deniee!. F\BI. ceil sed lls ilctivities upon Appel's return
to the Bedford area. Becy. a;so incorporates his answer to
Paragraphs 11 and 12 as if set forth at length,
22.
Denied.
Becy. incorporates his answer to Paragraph 20
as it set forth at length,
COUNT I
BREACH OF DUTY AS CORPORATE OFFICER AND DIRECTOR
(ABI v. BECK)
23. Becy. incorporates his answers to Paragraphs 1 through
22 as it set forth at length,
24. Admitted,
25. (a) Denied. The Conewago Turf ,arm project, as
presently being developed, is totally different to the
development plan of ABI. ABI would have derived no profit from
the current development plan,
(b) Denied. Upon Appel's return to the Bedford area,
ABI became inactive, No further interest in the Conewago project
was expressed by Appel after his return to Bedford and being
advised by Beck that Beck was continuing to pursue the project.
(c) Denied. Beck had advised Appel, upon Appel's
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return t.o Lh(! Ik'dfo~d drf!d, lh,"IL rl(~ "'Jd~) qoiny La continue to
pursue Lhe' C()IH~'\':dqO pro j(!ct in one form or anolher. ^ppel had
<3dviSj,~d Beck that th.: COr!l'\-J':HJO project. wO\lld not succeed without
^ppcl's participation, r\pp(~l c;-:presscd no further interest or
desire to particip~te in the Conewago project nor could Appel
financially contribute, in any manner, in the further development
of the Conewago project,
26. Denied. The averments contained in Paragraph 26 are
conclusions of law to which no responsive pleading is required
and strict proof thereof is demanded at the time of trial.
WHERE,ORE, Beck requests the dismissal of Count I of the
Complaint and judgment in his favor.
COUNT II
INTENTIONAL MISREPRESENTATION
(APPEL v, BECK)
27. Beck incorporates his answers to Paragraphs 1 through
26 as if set forth at length,
28. Denied. The averments contained in Paragraph 28 are
conclusions of law to which no responsive pleading is required
and strict proof thereof is demanded at the time of trial,
29. Denied. The averments contained in Paragraph 29 are
conclusions of law to which no responsive pleading is required
and strict proof is demanded at the time of trial.
30. Denied, The averments contained in Paragraph 30 are
conclusions of law to which no responsive pleading is required
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CERTIFICATE OF SERVICE
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! k , : ~ j " ' ! ' ,1 d t '/ 1,-, I i. r ,j r, 'I:: ;.:, :: ( If' h, J, 1< :; I ! I J i r .. ,
rj(~n:by (-';:1::'/ trldL d :r'JI' d~;'j ,Jfl'_',:! c~_}py ()t th(~ tOI"(jf)jllq
Answer 'lidS ~;.~rved this dL.lL(,!, in th(,' flldrlllc:r- indicated, 1.0
following:
SERVICE BY FIRST CLASS MAIL
Mark E. Ha1bruner, Esquire
GATES & ASSOCIATES, P.C.
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
Date:
IIJcnlqt
CQ~.GtL
Carrie E, Cook
APPEL & BECK, INC.,
a Pennsylvania corporation,
and JEFFREY S. APPEL,
Plaintiffs,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
vs.
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DOCKET NO.
DARREN M. BECK,
Defendant.
COMPLAINT
AND NOW, come PlaintHfs, Appel & Beck, Inc. and Jeffrey s.
Appel, by and through t_heir counsel, Gates & Associates, P.C., and
make the fOllowing complaint:
1. Plaintiff Appel & Beck, Inc. (hereinafter "AB!") is a
Pennsylvania business corporation having its registered address at
4155
Kittatinny
Drive,
Mechanicsburg,
Cumberland
County,
Pennsylvania 17055.
2. Plaintiff Jeffrey S. Appel is an adult individual now
residing at R.D.
112, Box 562B,
Everett,
Bedford County,
PennSYlvania 15537.
3. Appel is the president and treasurer of ABI.
4. Defendant Darren M. Beck is an adult individual believed
to be residing at 4155 Kittatinny Drive, Mechanicsburg, Cumberland
County, Pennsylvania 17055.
5. Beck is the vice-president and secretary of ABI.
6. Appel and Beck are the sole members of ABI's board of
directors.
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:",': : \\',' )'t',lt;., ApfH'1 h,Ui individlJdll'l f"J'Nrj(ld and op(~raf.Qd
" ~l':."i\':l: :.}1 \'\\Il~;t fU\"Li(lIl lllJ~iil\{lf-i~i.
,: '\1'1'<'1 "lid Ilf'ck ot"CJdnizf'd AIlI in l~'J'1 lor the pUrpOS(l of
l'n\~,hl i nq i It rea 1 (~S Cd t.(~ ITIallaqerncn t dnd d(~ve topmen t. .
9. In conjunction with the organization of ABI, Appel
suspended his individual construction business in order to devote
his time and experience to ABI's operations.
10. As officers and board members of ASI, Appel and Beck
created a plan for the subdivision and residential development of
certain real property owned by Harold L. Hoffman and Louise Marie
Hoffman, husband and wife (hereinafter "the Hoffmans"), located in
Newberry Township, York County, Pennsylvania, and known as
"Conewago Turf Farm". A copy of said development plan is attached
hereto as Exhibit "A" and incorporated herein by reference.
11. From approximately December I, 1996 to April 30, 1997,
Appel devoted substantial time and effort in the furtherance of the
conewago Turf Farm project.
12. During April and May 1997, Appel asked Beck about the
status of the Conewago Turf Farm project, and Beck told Appel that
the project was no longer viable and that Beck was no longer
pursuing the project.
13. On several subsequent occasions, Appel telephoned Beck to
discuss the Conewago Turf Farm project, but Beck did not return
Appel's messages.
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111. ^l dll t.iltl(~:-; rfll('vdn~. ~l(~r'(~I.Ot ,\pppl was r'Qildy, willing
and abl(! t.o proc('pd wi l.h l,tH' CC)fl('Wdqo 'l'IJrl Fdrm project. as an
of f ic(~r dnd bOd nJ nH~lIlt)('l uf ,\Ii I,
1~}. On or about D(~cPlllb(~r :~, If)ll'l, Bt~ck entered into an
agreement wi th the lIo! I mans for U,() purchas(, of thei r Conewi".go Turf
Farm property.
16. On or before December l~), 1997, Beck retained Biscon Land
Surveying Company, Inc. to survey the Conewago Turf Farm property
and prepare a plan for the subdivision thereot. Attached hereto as
Exhibit "B" and incorporated herein by reference is a copy of the
"Final SUbdivision Plan for Darren Beck" as recorded on April 3,
1998, in York County Plan Book PP, PagE 397.
17. On or about April 20, 1998, Beck entered into an
Installment Sales Agreement with the Hoffmans for the purchase of
their Conewago Turf Farm property, which agreement was recorded on
May 6, 1998, in York County Record Book 1323, Page 254. A copy of
said agreement is attached hereto as Exhibit "CD and incorporated
herein by reference.
18. On or about April 27, 1998, the Hoffmans, as legal
owners, and Beck, as equitable owner, conveyed Lot No. 4 of the
Conewago Turf Farm subdivision plan to Harmony Custom Homes, Inc.
19. It is believed and therefore averred tha t Beck intends to
sell the remaining lots in the Conewago Turf Farm subdivision and
to personally profit therefrom to the exclusion and prejudice of
AB!.
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20. It is bel ieved and therefore averred that Heck is
developinq
the Corll,waqo 'I'IH f
I"ann prOr)(,n_y
i Jl d fTliHH1Q r
substantially simi lar to the plan crca\.('d by AIlI.
COUNT I
BREACH OF DUTY AS CORPORATE
OFFICER AND DIRECTOR
(ABI VB. BECK)
21. But for Beck's misrepresentations about the status of the
Conewago Turf Farm project, ABI would have pursued the project and
would have derived the profits contemplated in ABI's aforesaid
plan.
22. It is believed and therefore averred that Beck has paid
and will continue to pay third parties for contracting services
that Appel would have provided to the corporation as contemplated
in ABI's aforesaid plan.
23. The averments of the foregoing paragraphs 1 through 22
are incorporated herein by reference.
24. At all times relevant hereto, Beck has been a director
and officer of ABI and has therefore stood in a fiduciary relation
to ABI and has owed a duty of loyalty to ABI.
25. Beck has acted and continues to act contrary to and in
competition with ABI's interests by:
a. Personally conducting and profiting from the
Conewago Turf Farm project to the exclusion and prejUdice
of ABI;
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b. Usinq infonndtion dnd contacl.s obl.clined in hiH
capacity as ABIls board member r.lnd officer to divert and
usurp t.he COr}(~wdqo 'I'uff FdflIl {ic~v('lorHl\(!flL opportunity away
from All!; and
c. Intentionally misrepresenting to Appel, a
director and of f icer of AB!, that the Conewago Turf Farm
project was no longer viable and that Beck was no !.onger
pursuing the project, and withholding from Appel news of
project developments.
26. Beck's breach of his fiduciary relation and duty of
loyalty has damaged and continues to damage ABI by depriving it of
the revenues it would otherwise have derived from the Conewago Turf
Farm proj ect.
WHEREFORE, ABI demands judgment against Beck for:
A. An accounting of all revenues collected by Beck
from the Conewago Turf Farm project;
B. Damages in an amount exceeding the threshold
for compulsory arbitration under local rules, plus
punitive damages, pre-judgment interest, costs and
attorney fees;
C. A permanent injunction enjoining Beck, either
individually or through any partnership, corporation or
entity other than ABI, from engaging in further sales,
assignments or other acti vi ties in the Conewago 'I'urf Farm
project; and
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D.
Su'~h other
relief
the
itS
Court
deems
appropri a te.
COUNT II
INTENTIONAL MISaEPRESENTATION
(APPEL VS. BECK)
27. The averments of the foregoing paragraphs 1 through 26
are incorporated herein by reference.
28. As ABI's board member and officer, Beck owed a duty to
Appel to provide him with accurate and complete information
regarding the Conewago Turf Farm project and to advise Appel of any
additional information which he subsequently acquired concerning
the project.
29. Beck knew or should have known that Appel would act in
reliance on the information he provided regarding the status of the
Conewago Turf Farm project.
30. Beck breached his duty to Appel by intentionally
misrepresenting to Appel that the project was no longer viable at
a time when Beck was individually pursuing the project.
31. Beck further breached his duty to Appel by intentionally
wi thholding from Appel news of the proj ect developments which
oCcurred after the subject conversations.
32. In justifiable reliance upon Beck's misrepresentations
and concealment, Appel returned to his construction business and
did not further pursue the Conewago Turf Farm project.
33. But for Beck's misrepresentations and concealment of the
status of the Conewago Turf Farm project, ABI would have pursued
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the project, i.lnd !\pp" I would hdVC f,,!rsondlly profited therefrom.
34. As a din'ct. dnd proxirnau! r('sult. of Beck's intentional
misrepresenti.lUons ,1I1d c(Jllcealrncnt., Appel has lost t.ho profits
which he would have derived from t.hc project.
WHEREFORE, Appel demands judgment against Beck for damages in
an amount exceeding the threshold for compUlsory arbitration under
local rules, plus punitive damages, pre-judgment interest, costs
and attorney fees and such other relief as the Court deems
appropriate.
Respectfully submitted,
G"CG' , A"OC~ATES' P.~. //)
11'7 (;. -./
I i ('I-I. .. --
Mark E. Halbruner, Esquire
Supreme Court I.D. ff66737
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
(Attorneys for Plaintiffs)
DATED:
10 - LJ
, 1998
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APPEL & BEC){
INCORPORATED
Newberry Township
Subdivision
Jeffrey S. Appel, President
Darren M. Beck, Vice President
4155 Kitt.,tinny Drive
Mechanicsbur{;, Pennsylvania 17055
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(717) 732 - 0423
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Redl Estate t\.lanagernent & Development
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Appel & Beck Inc.
Newberry Township Subdivision
Schedule
1 Secure Property
a) Written Sales Agreement
b) 60 year I1l1e search
2. Sketch Plan: Biscon Land Surveying Company
3. Secure Soil Scientists: R.E. Wright Environmental (Optional)
4. Apply for sewer permits
a) Application fee ($550/10t); includes 2 perk & probe tests per 101
b) DEP Module Forms (Blscon) - may not be necessary
5. Measure and stake-out lots
6. Fink & Sons and Luke Smeltz to meet at site for probe tests with SED
(Probe determines what type of system and where it is to be located).
7. Perform perc tests
8. Receive septic approval
9. Biscon to survey boundary and lots (Brush removal will be required)
10. Submit Final Plan application to zoning officer (Final Plan only)
a) (10) copies of final plan and all reports, notifications and certifications
Final Plan:
Drafted plan prepared by Biscon
Location Map
Proposed features:
Location and configuration of proposed buildings, streets,
access drives and driveways Lot numbers in consecutive
order Street names
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Reports:
Sewer facilities plan
Storm water management plan (if applicable)
Certifications and Notifications:
Statement of accuracy (Appendix 1)
(Opllonal) Statement acknowledging Township action (Appendix 3 & 4)
An executed Memorandum of Understanding (Appendix 8)
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Appel & Beck Inc.
Newberry Township Subdivision
Schedule
b) One application form (Appendix 6)
c) Filing fee
11. Review of Final Plan by Township Development Committee & Township
Planning Commission (Mandatory attendance reqUired to answer technical
questions and eslablish acceptance of recommendatlonsf or approval)
12. Ruling on Final Plan by Board of Supervisors
a) Mandatory attendance required to answer technical questions and establish
acceptance of recommendations for approval
b) Approval binds the developer to the plan as approved.
c) Approval does not authorrze the recording. sale or transfer of lots. nor the
construction of improvements.
13. (Optional) Plan presented to Township for signature (Appendix 3 & 4).
14. Final Plan Application (Same requirements as above)
15. Final Plan Certification
a) Present 1 transparent reproduction & 3 paper copies of the final plan to
Township.
b) Final plans to be signed by the Township Planning Commission. Township
Engineer and Board of Supervisors
Appol Bock. Inc.
Nowhnrry Township Subdivision
PrOlected Costs
Item 6 Lot 610t 8 Lot 8 Lot
CostlUnit Total Cost CostlUnit Total Cost
Land $15,000.00 $90.000.00 $11.25000 $90,00000
Soil Scientist $266 66 $1.60000 $200.00 $1.600.00
Excavator IProbe Holes) $133.33 $800.00 $ 100 00 $800 00
Excavate For Perks $125.00 $600.00 $93 75 $75000
Sewer Application $550 00 $3,300.00 $550.00 S4.40000
Surveyor:
Sketch Plan $8.33 $5000 $6.25 $50.00
Final Draft and Survey $667.00 $4,00000 $50000 $4,00000
Road Tooo. $167.00 $2.000.00 $125.00 $2.000.00
Subdivision Filing Fees'
Township $18.34 $110.00 $16.25 $130.00
Countv $35.00 $210.00 $28.75 $230.00
Insurance $416.00 $2.496.00 $312.00 $2.496.00
Bondino $100.00 $600.00 S75.00 $600.00
Enoineerino Review Fee $1,000.00 $1,000.00 $1,000.00 $1,000.00
Clear Land $167.00 $1,000.00 $125.00 $1.000.00
Road Construction $3,000.00 $18,000.00 $2,250.00 $18,000.00
Buildino Permits $760.00 $4,560.00 $760.00 S6.080.00
Excavation for Foundation $1,500.00 $9.000.00 $1,50000 $12,000.00
Foundation $10,000.00 $60,000.00 $10.000.00 $80,000.00
Well IAllowance\ $2,000.00 $12,00000 $2,000.00 $16,000.00
Water and Sewer Tan $350.00 $2.100.00 $350.00 $2,80000
Sentie $6,000.00 $36.000.00 $6,000.00 $48.000.00
Electrical insnection $100.00 $600.00 $100.00 $800.00
Electric Service: (either/or)
Meter to panel $250 00 $1,500.00 $250.00 $2,000.00
Page 1
Appel Beck, Inc.
Nowborry Township SubdivIsion
ProJectod Co~ts
Item 6 Lot 610t 8 Lot 8 Lot
Cost/Unit Total Cost Cost/Unit Total Cost
Meter and anel $750.00 $4.500.00 $75000 56.00000
, Crane $1,200.00 $7,200.00 $1.20000 $9.600.00
, Sellin Crew 51,10000 $6,600.00 51,100.00 58.80000
, Finish Crew $1.500.00 59.00000 51.500.00 512.000.00
Sub-Totals $47,163,66 $278,826,00 $42,142,00 5331,136.00
$4,71637 $27,882.60 54.214.20 533,11360
$51,880.03 $306,708,60 $46,356.20 5364.24960
Estimated Cost of House
Total Other Costs
Desired Profit
$42.000.00
551.88003
520.000.00
$113.880.031
LeQend:
0= Optional
1 = Estimated
2 = Will change with cost of house
Page 2
:'icwhcrl')' Township Suhllh'ision
Conc\\'ago Turf Farm
Assumnlions & Variances.
I. ^ soil scientist may be useful in ensuring that the ground will perk fur dCH:lopmt:nt
In some cases, the: soil scientist can override a SECrs judgment. l.uke E. Smdtz. uf
R.E. Wright Environmental. Inc.. would act as our Project Soil Scientist if n:qUlrcd
Nevertheless, it may be mon: COSt clTcctivc to have the SEO perform the illltiat tests
In the event any tests should fnil, thr: soil scientist would then hi: utilized.
2. The SEO \ViII perform the perk/prohe tests. ^ppcl &; Beck to dIg perk holes RIchard
Fink & Suns Excavating will pcrfonn all nt:ccssary excavating tasks, including probe
trenches.
3. ^ se\Ver application fee of$550 per lot is required. This includes 2 pcrk'prohe tests
pcr lot ($225 each)
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4, Bisco" Land Surveyors will perform the: following:
. Site Sketch Plan
. Site Sur;ey
. DEP Module Filing Of Mini-module/Waiver Process
. Road tapa, layout and d~sign
5, Bisco" \vill design the road to the point of construction, Ifrequested, the road can be
designed in accordance with TO\\l1ship specifications in order for the Township to
assume maintenance responsibilities. If constructed to Township guidelines. the
process will be monitored by;] TO\\l1ship inspector. Road".';]y design and
construction costs arc estimated. ^ more accurate cost can be determined as
specifics are derived. Once the design is completed, a contractor will be selected to
construct the road, Design costs, construction costs and inspection fc:es have not bc:en
determined (estimated only at this time).
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6. Both TOI\11ship and County will require filing fees 1(" plan submittal The TO\\TIship
charges $50 + $ 10 per lot. The County charges $ 150 i $ JO per lot.
Page 3
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i'icwhcr~' Township Suhdi,'ision
('ol1c\\'ugo lurf Farm
AssumDtions & Variances:
7, Public Liability Insurance must be maintaim:d until alllmpro\'cmcnts arc approvr.:d hy
the Township. The value of the insurance must be $2,000.000 The estimated annual
premium is 52,496. The estimate \vas pnwidcd by Byerly Insurance.
8, The construction of all improvements must be guaranteed and installed in accordance
with TO\\TIship ordinances. The financial security for such a guamnh:c can he in the
form of Surety Pcrfonnancc Bonds.. Escrow Accounts.. and Irrevocable Letters of
Credit. The amount of financial security must be equal to 11 O~ 0 of the cost of
completion of improvements.
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9. Appel & Beck, Inc. will submit all sewer permit applications to the Township. DEI'
Module Forms will be filed by Biscon 1$700). However. this project ma,' qualil\- for
a waiver/mini-module type filing. The only determining factor at this point is the
nitrate concentration of the soil. The waiver process ($50) would gr~~atly cxpcditt: the
approval process.
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II. Building permits arc $7 per $1,000 cost of home + $200. This includes costs for
inspections, drivc\vaj' permit, zoning permit, electric permit and plumbing permIt.
10. The Township will review all plans. An engineering fee will be incurred. The rate is
approximately $50 per hour minimum.
12. Clear Land is estimated for having trees and brush cleared,
13. Mise, AlIowance: It should nevcr bc less than 10% and 150/1, is a break-cven.
Page 4
Appel & Beck
Newberry Township Subdivision
Eslimate
Appel & Beck Inc. (ABI) propose to assume all tasks involved In the
construction and development of the Newberry Township Subdivision. ABIIS
pleased to provide this proposal for this project.
Work Scope
1. Continue ongoing process to present a complete Final Plan to the township
authority.
. Insure that all forms and applications are complete and filed properly.
. Provide supervision in all phases of the development of the final plans
by other entities ( i.e.. SEO, Biscon, Fink & Sons ).
2. Submit Final Plan to the Zoning Officer.
. Ten copies of the Final Plan and all reports, notifications and
certifications.
. Attend Township Development Committee & Township Planning
Commission reviews to answer technicai questions and establish
acceptance of recommendations for approval.
. Attend review by Board of Supervisors.
3. Supervise all phases of construction on and to the property.
. Provide on site supervision to insure quality control.
. Schedule and co-ordinate sub-contractors.
4. Establish contract terms for prospective buyers.
. Review house plans and negotiate the terms of the contract.
. Insure signing of all plans and submit them to Apex.
5. Review All bills submitted to the company before requesting disbursement of
funds.
Appel & Beck Inc. is pleased to provide this estimate for review. The terms of
this estimate are not intended to lirr1it the scope of this companies responsibilities,
but to inform those concerned with the amount of work being performed by ABI.
Appel Beck Inc.
Newberry Township Subdivision
Estimate Of Hours
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Item Cost Hrs/Unit Hrs/6 Lots Hrs/8 Lots
Final Plan Set-up 700.00 8 48 64
Plan Review Meetings 2.5 15 20
Excavator
Septic Tests 1,600.00 60 60 60
House 12,000.00 10 80 80
Install Septic 48,000.00 5 40 40
Biscon Engineers 6,050.00 8 45 60
Road Construction 25,000.00 10 60 80
Foundation 80,000.00 4 15 20
Well 16,000.00 6 8
Apex Homes 15 90 120
Individ. Contracts 40,000.00 25 150 200
Crane/Set crew 8,800.00 ,.
10 60 80 ' .
Finish Crew 12,000.00 7 42 56 i
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Electrical 6,000.00 3 18 24 ~
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DEP Module Test 700.00 6 6 6
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Phase 1 Inspection 1,000.00 8 8 8 I.
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Total 256,150.00. 182.5 743 926
Appel & Beck Inc.
Newberry Township Subdivision
Hourly Rates
Appel & Beck Inc. (ABI) propose this Estimate of Hours to show the
approximate number of hours our company will have to commit to this project.
These figures have been compiled to validate the projected costs which will be
billed by our company throughout this project. These figures are estimates only
Though they are not exact, the utmost diligence has been put forward to produce
a quality estimate.
Rates for Professional Services
Services performed by ABI will be charged at a rate of $35 per. hour. This is
somewhat lower than usually charged for such services and is only being offered
for this individual project. This rate does not include any out of pocket expenses,
supplies, and related expenses encored by ABI for this project.
Appel Beck, Ine,
Newberry Township Subdivision
Required Start-up Funds
Item Cost
Soil Scientist $1.600.00
Excavator Probes and Perks $1,55000
DEP Module S700.00
Sewer Application 54,40000
Surveyor Sketch Plan 550.00
Final Draft 54,000.00
Road Topo $2,000.00
Filling Fees Township 5130.00
County $230.00
Insurance $2,496.00
Bonding $600.00
Engineering Review Fee $1,000.00
Clearing Land $5,000.00
Road Construction $20,000.00
ASI Expenses Project Research $7,600.00
Legal Consultation $1,00000
Misc. Allowance $10,000.00
SUB TOTAL $62,356.00
Projected ABI Expenses $27,000.00
TOTAL $89,356.00
EXHIBIT "B"
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INSTALLMENT SALES AGREEMENT
, THIS INSTALUlENT SALES AGREEMENT, made and entered into thls
"d).c:Jf1.1 day of APRIL, 1990, by and between: tv
HARoLD - L. Ho~and LOUISE MARIE HOFFMAN, York County,
Penn~ylvania, (hereinafter .Seller"),
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DARREN H. BECK, ot Cumberland County, Pennsylvania,
(hereinafter "Purchaser")
WITNESSETH:
IN CONS IDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS
HEREINAFTER CONTAINED l\llD INTENDING TO BE LEGALLY BOUND HEREBY, IT
IS AGREED BY AND BETWEEN SELLER AND PURCHASER AS FOLLOWS:
1. Premises. The Seller agree to sell to the Purchaser, and
the Purchaser agrees to purchase and accept the conveyance of all
that certain 9.284 acre tract or parcel of land situate in Newberry
Township, York County, together with the improvements erected
thereon, if any, known as the Final Subdivision Plan for Darren
Beck as prepared by Biscon Land Survey Company, Inc., and recorded
in the Recorder of Deeds Office of York County on April 3, 1998, in
Plan Book PP, Page 97, as more particularly described and set forth
in Exhibit "A", which is attached hereto and incorporated herein by
reference thereto.
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2. Consideration. The Purchaser agree to pay to Seller, as
the full consideration or price of the said premises, the sum of
EIGHTY-FOUR THOUSAND DOLLARS ($84,000.00) payable as follows:
A.
The sum of ONE THOUSAND DOLLARS ($1,000.00) in cash
upon the execution of the initial Agreement of Sale
dated December 2, 1997, receipt of which is hereby
acknowledged by Seller; and
B.
The principal balance of EIGHTY-THREE THOUSAND
DOLLARS 1$83,000.00), shall be paid at the release
rate of SIXTEEN THOUSAND EIGHT HUNDRED DOLLARS
1$16,800.00) per lot ("the Release Price") until
said principal is paid in full, which said
installments shall be paid to Seller at Seller's
address as listed herein. The failure to pay any
of these illstallments as due or to pay the then-
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1323
0255
LEGAL DESCRIPTION
ALL Ih.1 eertain tract or parcel 01 Ilnd c~uato In tha Townahlp 01 Newberry, County 01
York. Commonwealth of Penn.yIvanla. bounded Ind dOlcribed II fel/OWI:
BEGINNING ala point on the dedicated right.of.way line 01 Park Driva, said point alia
being II10ulharn property comer of land 01 Jean and George My",e, THENCE along
along .ald land 01 Myre., South 09 degree. 47 mlnutel 53 aeconda Ellal. for a dll1ance
of 470.13 feel 10 . Iron pin: thanca .Iong lama, North 27 degree. 51 mlnutes!l9
..conds Ea.t. for a dlltance of 253.48 foetlo II Iron pin. thance along IIInd 01 Craig
Andarson South 60 degrell15 minute. 11 aeconda Ealt for II diet.nee 0153.84 feet
to .n Iron pin, thence along lols 01 ConflWllgo Turf F.rm South 20 degree. 42 minute I
371econds West lor a di.tance of 795.10 feet to . Iron pin, thence .Iong land 01
Thomas Gettyl and land 01 Harold Hoffman North 77 degrreea 16 minute. 09 aeconde
Wa.l for a distance 01 622,02 feel to a polnl. on the alllem rlght-ol-way line 01 Park
Drive, thence along said righI-aI-way the lollowing flve courses.
1, In. northerly dlrecUon an . arc of 8 curve curving to the rlghl h.ving a rldiul 01
1295,00 leet and an arc langlh at 128.38 laat having. chord 01 North 08 degree 20
mlnule. 34 .econd. We.l for a di.tance 01 251,58 feel 10 a point.
2. North 11 degreel 55 minulll 00 aeconds Wasllor. dlstanc. of 17.11 180110 a
point.
3, On a arc of a curve curving to the right h.vlng a radlua 125,00 and an arc length of
81.78 feet. having a chord at North 30 degreel39 minute. 30 lecond. e88t lor 8
distance 0180.33 faet to 8 point.
4. North 49 degreos 24 mlnules 00 second. east for a dist.nce of 56.53 leel.
5, On an arc of a curve curving to the left having II radius of 800,00 feet and an arc
length 01 252.19 feet. hiving I chord 01 North 40 degreea 22 minutel 09 leconds
east for a distance of 251.14faello a point, the POINT OF BEGINNING.
Sold tract CONTAINS 8.914 ICru of land. subject to an open e.sement for telephon.
and electric line In the westem part of the trllct.
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0257
future water, sewer and all muniCipal assessments and claims which
may be char~ed or assessed a~ainst the within premises of every
nature and by whatever authority from the date of this A~reement
shall be paid by the Purchaser when and as s&me shall become due
and payable. The Purchaser shall, within thirty (30) days after
the dUB date ot any such taxes, chargesl claims or assessments,
provide to the Seller an official receipt evidencin~ payment of the
same. Failure of the Purchaser to make any such payments shall
~ive the Seller the option to make payment of the delinquent
char~es and to add the amount paid, with interest and penalties,
plUS a 6% accommodation charge, to the payments otherwise required
by this Agreement, or, the Seller, at it's option, may declare a
default on the part of the Purchaser under this Agreement.
8. Transfer Taxes. Buyer shall pay all appliCable realty
transfer taxes assessed upon the sale of each lot.
9. Clean and Greeen Taxes. Seller's represent that the
Property has been enrolled in the preferential tax assessment
program relating to tax assessments based upon land use ISee 12
P.S. Section 5490, et seq.). Buyer agrees to pay any and all
rollback taxes which may be applicable upon the sale of the
Property. Said back taxes shall be paid by the Buyer, upon
assessment issued by the York County Tax Assessment Office.
10. Casualty Insurance. Purchaser shall, at his expense,
insure the premises against fire by policy or policies of insurance
with extended coverage in the amount of not less than the unpaid
balance of the purchase price set forth in this Agreement. Such
insurance policy shall be properly endorsed to show the interest of
the Seller. The Seller shall also be permitted to insure the said
premises for its own account if they so desire. The Purchaser
shall, on the date of this Agreement, provide to the Seller a
duplicate policy evidencing such insurance and a proof of payment
ot the first annual premium thereon and, thereafter, Purchaser
shall, within thirty (30) days after receipt of the same, pay in
full the annual premium on such insurance and provide proof of such
payment to the Seller. Failure to maintain said policy of
insurance or pay said premi"'" when due shall be considered a
default of this Agreement.
11. Liability Insurance. Purchaser shall, at his expense,
maintain a policy of public liability insurance in the amount of
$100,000.00 insuring against death, injury or property damage which
may occur on or about the premises during the term of thia
Agreement in amounts acceptable to the Seller. Such insurance
policy shall be properly endorsed to indicate that the Seller are
the co-insureds thereon. Within fifteen (15) days after the date
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PAGE
0258
of this J\qreelllent, the Purchaser shall provide evidence to the
Seller of such insurance coverage and ohall provide proof of
payment of the firot annual premium thereon and, thereafter, shall
pay when due the annual premium thereon and provide proof of
payment of the same to the Seller. Failure to maintain said poliCY
of insurance or pay said premium when due shall be conoidered a
default of this Agreement.
12. Leqal Title. The premises are being conveyed free and
clear of all liens, encumbrance:l and easements, excepting the
following:
A. Existing building restrictions, ordinances, easements of
rosds, privileges or rights of public service companies,
if any, agreements or lilee matters of record, and
e.sements or restrictions visible upon the ground;
otherwise, the title to the described real estate shall
be good and marketable, such as will be insured by a
licensed title insurance company at regular rates.
B. Seller shall not mortgage or otherwise encumber the
premises during the term of this Installment Sales
Agreement.
In the event Seller is unable to give a good and marketable title
such as will be insured by a licensed title insurance company
subject to the aforesaid, Purchaser shall have the option of taking
such title as Seller can give, without abatement of price, except
for liens and enc:umbrances liquidated as to amounts which shall be
satisfied from proceeds due Seller or otherwise paid by Seller or
being repaid all monies paid by Purchaser to Seller on account of
the purchase price. In either event, there shall be no further
liability to each ather pursuant to this Agreement.
13. Brokerage Commission. All real estate commissions due
and payable in connection with this conveyance shall be paid by
Buyer.
14. Maintenance and Repairs. Purchaser agrees that
Purchaser, at Purchaser'! own expense, will maintain the premises
in a reasonable state of repair at all times and will not permit
any waste or disrepair to occur. Purchaser aqree to make any and
all repairs which, from time to time, become necessary or are
mandated by federal, state, county or municipal law, ordinance or
code in effect now or may become effective in the future.
IS. Assiqnment or Sale. This Agreement may not be assigned
by Purchaser without the prior written approval of Seller, nor may
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the premises be sold by Purchaser by mean. of an installment .ales
agreement or comparable document without the prior written approval
of Seller; prOVided that nothing contained in this paragraph ehall
be construed as a prohihition against the sale of the promises by
Purchaser to a third party whereby Seller receive the full
consideration stated hereinabove. In the event of such an
"outright" sale, Seller aqreea to execute (at no additional cost to
Seller) all documents reasonably required to effect such a sale and
conveyance.
15. Representations and Warranties:
A. Seller warrants that present use of the premises are in
conformity with federal, state and local laws relative to
zoning, building and other laws, ordinances or codes.
Seller makes no warranty or representation as to the
conformity of any future use or occupancy of the subject
premises insofar as federal, state or local laws are
concerned relative to zoning, building or other laws,
ordinances or codes. In the event that Purchaser wishes
to obtain approval of a change of use or occupancy,
Seller agrees to cooperate to any reasonable degree in
such application or request, providing all costs
associated therewith shall be borne by Purchaser.
Purchaser warrants that it shall abide by all federal,
state and local laws relative to the use of the premises
and shall commit no violation of health code regulations,
zoning regulations or any other law or ordinances in
effect with respect to the use and occupancy of the
premises.
B. Seller has received no notices, oral or written, and
Seller has no reason::! to believe that there are no
planned or commenced public improvements which may result
in the special or benefit assessments or which may
otherwise affect the Property.
C. Seller warrants that during the ownership of the Property
by Seller the Property has never been used and is not
presently being used for the disposal of hazardous waste.
16. Condemnation. In the event of condemnation of the
subject premises or any portion thereof by any governmental agency,
public authority or utility prior to the payment of all the within
obligations from Purchaser to Seller, the payment of damagee for
the "taking" shall be divided between the Purchaser and the Seller
"a. their respective interest. then may appear".
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17. Detault. Any tailure of the Purchaser to make payment of
any monthly payment required by this Aqreement to be paid to the
Seller within thirty (30) days atter the due date for such payment,
or the pertormance ot any Act torbidden by this Agreement, or the
tailure to pertorm Any act required by this Agreement ShAll
constitute a detault. If atter written notice And tailure to cure
within titteen (15) daya of receipt ot such notice Seller shall, in
addition to having the right to exercise the rights and remedies
set forth in paragraph 26 hereot, retain any and All monies
received under the provisions of this Agreement (whether on account
ot the purchase money or otherwise) as compen.ation tor Purcha.er's
use and occupancy of the premises and as additional liqUidated
damage. for breach of this Agreement.
18. Applicable Law. In the event of any di.aqreement or
mi.under.tanding, the term. of this Agreement .hall be con. trued
pur.uant to the laws of the Commonwealth of Pennsylvania in effect
at the time ot the execution hereot and as they may be emended
.ub.equently.
20. Time of the E..ence. Time shall be of the essence of
this Aqreemsnt and all of its condition. or modification..
21. Waiver. The tailure of either party to insist upon
.trict enforcement of any prOVision of this Agreement shall not
constitute a waiver of the right to entorcement of that provision
or ot any other provi.ion.
19. Entire Aqreement. This document contain. the entire
llgreement between purchaser and Seller: there are no
representations, warranties, covenants, te~ or conditions, except
as apecitically .et forth herein.
22. Modifi~ation. No modification of this Aqreement shall be
binding unless same .hall be in writing and duly approved by Seller
and purcha.er.
23. De.criptive Headinq.. The de.criptive headinq. used
herein are for convenience only and they are not intended to
indicate all of the matter in the .ections which follow them.
Accordingly, they have no effect whatsoever in determining the
right. or obliqation. of the parties.
24. Gonder and Number. The neuter gender where u.ed herein
.hall be deemed to be masculine or feminine, and the sinqular
number where used herein .hall be deemed to be plural, wherever the
sense of the instrument 90 requires; further, the masculine or
feminine gender where u.ed herein shall be deemed to be neuter, and
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1323
PAGE
0261
the plural number where used herein shall be deemed to be singular,
whenever the sense o! the instrument so requires.
25. Confession o! Judqment. In the event o! a default, as
hereinbefore described in paragraph 18 hereof, tha Seller shall
have the right to declare the entire unpaid principal balance of
this Agreement, together with any interest then appearing due, to
be due and payable forthwith, anything hereinbefore contained to
the contrary notwithstanding. In such casa o! default, Purchaser
hereby authorizes and empowors any attorney ot any court of record
in the Commonwealth o! Pennsylvania or elsewhere to appear for the
Purchaser and confess a judqment tor the entire principal sum and
interest remaining unpaid thereon, with ten percent (10%)
attorney's commissions or tees, hereby waiving the right o!
exemption and inquisition so far as the land herein described and
any property or buildinq thereof may be concerned. In addition
thereto. the Seller, at Seller' option, amonq other remedies
available to Seller. may proceed by action of ejectment or quiet
title after default made as aforesaid for the recovery of said
premises and reversion of the equitable title thereto I in which
case, Purchaser hereby authorizes and empowers any attorney of any
court of record in the Commonwealth of Pennsylvania or elsewhere to
appear for the Purchaser and confess judqment of ejectment or quiet
title and authorize the immediate issuance of a writ of possession
for the premises or for reversion of the equitable title thereto,
and for a writ of execution for the costs of such proceedings,
together with ten percent (10%) attorney's commissions or fees,
waiving all stay and exemption laws.
26. Reversion of Equitable Title. Upon default of the
Purchaser as hereinbefore described, any equitable title to the
aforesaid premises. which the Purchaser may have acquired by virtue
of the provisions of this Agreement, shall absolutely liquidate,
forfeit and revert to the Seller.
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27. Notices. All written notices as herein provided for
shall be as follows:
IF TO SELLER:
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IF TO PURCHlISER:
Darren M. Beck
4155 Kittatinny Drive
Mechanicsburq, PA 17055
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0262
IN WITNESS WHEREOF, the parti.. hereto have hereunto .et their
hands and .eal. the day and year first above WrlttOll, intondinQ to
be legally bound hereby.
WITNESS:
~c~
k---q- ;,_,-;;:;~
~LY/LJL(SEAL)
HAROLD L. ,Uwill--
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::;tOUISE \IE lion
).,..L. ~l' A,__-rl;;,~
(SEAL)
PURCIIASER
RECORDER OF DEEDS
YORK COUNTY
PENNSYLVANIA
IMSTRlKIIlIl.llllEll
1998030356
IIIOCIllD[DIIII
"~y 06, 1998
9.12.14 A"
RmmllE rns 125.00
STRltllll1T Till IMO
Clll!1l IiltlIIItS m: 11.00
IIJD IIIOIII'ES m 11.00
TOT~ 121.50
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