Salisbury Denies Roberts Injunction Request
Rosemeier/Poorman vs. CVS Developer
LOCK HAVEN — Clinton County Judge Michael Salisbury has ruled that Lee Roberts has no standing in his injunction request as part of a Roberts court effort to force an abutting Lock Haven property owner to proceed with a sale to a Camp Hill developer.
Salisbury, after an hour of testimony Tuesday, issued an order denying Roberts’ request for an injunction. His order said that Roberts as a “third party” did not have rights under the contract between Robert J. Rosemeier and the developer.
Roberts was looking for the court to ultimately direct that Rosemeier sign a sales document with developers for construction of a CVS pharmacy in the 300 block of Bellefonte Avenue in Lock Haven.
Roberts’ son Jason owns the former Lock Haven Laundry site at 309 Bellefonte Avenue while Rosemeier owns the former DrivePlus holdings at 311-315 Bellefonte Avenue. The Roberts have a separate agreement for sale of their holding, but its execution is contingent on completion of the Rosemeier sale.
Roberts’ court action and another court case from project developer J.C. Bar Development maintain that Rosemeier consultant Stephen Poorman has intentionally interfered with a signed sales agreement. Court filings show a signed agreement, from November of 2013, providing Rosemeier with $900,000; the Bar suit says Poorman intervened and raised the asking price to $1.1 million.
Roberts asked the court Tuesday to make the defendants Rosemeier and Poorman proceed with the sale, but Salisbury said that had already been requested in the Bar suit and Rosemeier attorney Thom Rosamilia said any prospective sale should be stayed given the pending litigation involving Bar.
The Bar development group had gone into the local court in December, claiming Rosemeier and Poorman failed to abide by the signed sales agreement. The civil action charged both with breach of contract; additionally Poorman is charged with “intentional interference with contract.”
The Bar suit allegations against Poorman say the local musician/entrepreneur encouraged Rosemeier to “repudiate” the contract with Bar.
The filing from the Harrisburg firm of McNees, Wallace and Nurick seeks a civil trial and asks the court to award damages “expected to exceed $50,000.”
Bar official Jason Mitchell was the only witness called to testify Tuesday but the proceeding was cut short an hour in after Salisbury told Roberts the local attorney, as a third party, has “no involvement” in the Rosemeier agreement.
After the proceeding ended Roberts maintained that Poorman ultimately is “going to lose” while Poorman said he was pleased with the Tuesday outcome, that his side was “prepared and knew the issues.” The two did not acknowledge each other before, during or after the proceeding.
