Court Denies Rosemeier/Poorman Objections in CVS Development Case

LOCK HAVEN — Clinton County Judge Michael Salisbury has overruled defense objections filed in a court battle related to the long delayed development of a strip of deserted buildings along Lock Haven’s Bellefonte Avenue.

The court’s Friday ruling followed eight minutes of oral arguments Thursday relative to January briefs in the case first filed in December. JC Bar Development of Camp Hill had gone into county court, claiming property owner Robert J. Rosemeier and his consultant Stephen Poorman failed to abide by a signed sales agreement for the Bellefonte Avenue property.

The court order in denying the relief sought by Rosemeier and Poorman directed them to file an answer to the Bar complaint within 20 days.

Rosemeier/Poorman counsel Thom Rosamilia in January filed objections to the Bar suit, seeking the court to throw out charges against his clients. Thursday’s arguments were on the January filings from Rosamilia and Harrisburg attorney Kimberly Colonna representing the Bar development organization.

Rosamilia argued 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. His order in overruling the objections documented the court’s position.

Rosemeier and consultant Poorman have been charged in the suit with breach of contract; additionally Poorman is charged with “intentional interference with contract.”

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 Bar suit from Colonna’s Harrisburg firm of McNees, Wallace and Nurick seeks a civil trial and asks the court to award damages “expected to exceed $50,000.”