THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Friday, September 27, 1996 TAG: 9609270534
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY MASON PETERS, STAFF WRITER
DATELINE: ELIZABETH CITY LENGTH: 51 lines
Frank H. Habit, an Albemarle real estate developer, has been ordered to jail to serve a 10-day contempt of court sentence imposed by Superior Court Judge J. Richard Parker.
Court papers filed this week say Habit did not follow Parker's ruling in a $12,000 property dispute that began in 1994 between Habit and Dewey G. Copeland and his wife, Elizabeth Faye Copeland, both of Pasquotank County.
Habit has developed or remodeled many Elizabeth City properties in the past 20 years.
The Copelands say they gave Habit $12,000 for two ``limited partnership investment units'' with the understanding that Habit would execute an agreement within 90 days that would convey an interest in Plaza Associates Ltd. to the Copelands.
The address of Plaza Associates, a real estate venture then ``in formation,'' was listed as 101 Continental Plaza, Elizabeth City. This address is in the area of the former Continental Grain elevators that were torn down by Habit to build waterfront townhouses north of the Elizabeth City bridge to Camden County.
Earlier this week Habit announced plans to build 50 condominiums on the former grain elevator site.
``When completed, the property will be more than $6 million,'' he said, ``and the starting price for a unit will be $160,000.''
When the Copelands became dissatisfied with negotiations with Habit, they obtained a court order telling Habit to answer specific questions.
Most of the questions related to Habit's finances.
After more legal maneuvering, Habit provided handwritten answers.
To the question ``are you in business or employed?'' Habit replied: ``No business of my own.''
To a question about his income,Habit said he received ``less than $700 per month'' from ``Social Security.''
The Copelands returned to court and won a June 6 order from Judge Parker directing Habit to answer ``supplemental interrogatories under oath.'' Parker also told Habit to pay court costs of $100 as ``reasonable expenses'' incurred by the Copelands and their lawyer.
When Habit failed to follow the judge's instructions within 30-days, Judge Parker, in an Aug. 29 order, found Habit ``in willful civil contempt'' and told the sheriff to put Habit in jail for 10-days.
However, Parker again gave Habit the opportunity of ``purging'' his contempt by paying $300 in court costs - $200 more than the first financial penalty that was never paid.
Finally, Parker's latest order, dated Sept. 20, told the Pasquotank County sheriff to jail Habit to serve the 10 day contempt sentence. Parker's order arrived in the Pasquotank County Clerk's office Sept. 24. by CNB