Decision Due Friday in CVS Development Case

Bellefonte Ave. site where a proposed CVS complex is planned.
Bellefonte Ave. site where a proposed CVS complex is planned.

LOCK HAVEN — Oral arguments lasted all of eight minutes in Clinton County Court Thursday afternoon in the case involving the long delayed development of a strip of deserted buildings along Lock Haven’s Bellefonte Avenue.

When the back-and-forth ended, Judge Michael Salisbury said he would issue his opinion sometime Friday.

JC Bar Development of Camp Hill in December had gone into county court, claiming a Lock Haven man and his consultant have failed to abide by a signed sales agreement for the Bellefonte Avenue property. The civil action is against property owner Robert J. Rosemeier and consultant Stephen Poorman, the two charged with breach of contract; additionally Poorman is charged with “intentional interference with contract.”

Thursday’s arguments were on January filings in the case. Harrisburg attorney Kimberly Colonna represented the Bar development organization and Thom Rosamilia argued for Rosemeier and Poorman. Rosamilia in January filed objections to the Bar complaint, claiming his clients had not been provided all requested information relative to a December closing, seeking to have the charges dismissed.

Colonna’s written January filing in response said J.C. Bar had not caused any delay in the closing of the transaction, stating instead the closing had been delayed “because defendant Rosemeier has refused to close at the agreed purchase price.”

At the conclusion of the Thursday hearing the Court asked Rosamilia if his “client received the closing documents today,” would he sign them? Rosamilia said he would have to confer with his client before responding.

During the arguments Salisbury said Rosamilia raised points “not relative” to his complaint. The Court did not say how it would rule, other than to note an opinion would be issued sometime before 5 p.m. Friday.

Court documents filed by site developer Bar’s Harrisburg law firm claim the developer had a signed agreement dated November of 2013 for the sale of the old Drive Plus property at Bellefonte Avenue and Commerce Street, the sale price $900,000.

The suit says Poorman subsequently raised the sale price to $1.1 million and after Bar rejected the new figure, a “for sale” sign with Poorman’s phone number was posted at the site.

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.”

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