The Herald, Sharon, Pa.

Local News

July 9, 2009

UPDATE: Man stakes claim to land

Contests failed sale on Walmart site

By Joe Pinchot

HERMITAGE — The attorney for a South Pymatuning Township man has filed notice of an impending lawsuit over the failed sale of a section of land on the Walmart development site in Hermitage.

Stephen J. Mirizio, Sharon, filed what is called a lis pendens on behalf of Harry Mammarelli in Mercer County Common Pleas Court, notifying Cedarwood Crossings Inc., G.E. Apartments Ltd., Hermitage Commons Retail Association LLC and Nicholas Tesone, all of the same address in Akron, Ohio; and Howard Hanna Real Estate, Howard Hanna Co., Howard Hanna Real Estate Associates Inc. and John Baglier, all of 1483 N. Hermitage Road, of the impending suit.

Cedarwood, G.E. and Hermitage Commons are affiliated with Cedarwood Development, the company that developed the Walmart SuperCenter and the neighboring plaza.

Tesone is an employee of Cedarwood and signed the sales agreement, Mirizio said.

G.E. Apartments owns the property Mammarelli wanted to buy, having bought it for $745,000 in 2005 from Hermitage Commons.

The filing stakes Mammarelli’s claim to the property and prevents its sale, Mirizio said.

The vacant land in question is 1.3 acres along North Hermitage Road, south of the Montrose car dealership.

According to Mirizio, Mammarelli signed a sales agreement to buy the property but, at the June 22 closing, the sellers did not have a deed or other pertinent information.

“They basically reneged,” Mirizio said. “He didn’t get his property.”

Mirizio declined to say what reason Mammarelli was given for the deal not closing.

The complaint, when filed, will allege breach of contract, Mirizio said.

A voicemail message left for Tesone was not returned.

Baglier said he did not know why the deal was not completed. He otherwise declined comment on the filing.

“It’s too preliminary to even talk about it,” he said.

Mirizio declined to release the sale price of the property, and said he did not know what Mammarelli wanted it for.

He said he wants to do some fact-finding before he files the complaint.

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