The Herald, Sharon, Pa.

June 7, 2014

Settlement reached over failed land deal

By Joe Pinchot
Herald Staff Writer

HERMITAGE — EDITOR'S NOTE: This is a clarification to the original story below, which was published on June, 7, 2014: A settlement of a suit initiated by Harry Mammarelli over property in the 1200 block of North Hermitage Road, Hermitage, also included counterclaims made by property owner G.E. Apartments Ltd., Akron, Ohio, against Mammarelli for tortuous interference with prospective contracts; and crossclaims for acts and omissions made by G.E, Cedarwood Development Inc., Akron, a company related to G.E., and Nicholas Tisone, a leasing agent employed by Cedarwood, against Howard Hanna Real Estate Co., Howard Hanna Real Estate Associates Inc., Hermitage, and real estate agent John Baglier. An Ohio suit filed by Cedarwood against Mammarelli alleged breach of contract. The counter- and crossclaims and nature of the Ohio suit were not included in a story The Herald published Saturday.

 

A South Pymatuning Township man has settled his claims against those involved in the failed sale of a section of land on the WalMart development site in Hermitage.

While Mercer County Common Pleas Court Judge Robert G. Yeatts  ordered that terms of the settlement be kept confidential, he said the property in the Hermitage Crossing plan of lots “shall be deemed free and clear of any and all clouds of the title,” and that it will be back on the market for sale as soon as the settlement components are completed.

Harry Mammarelli of 505 Tamarack Drive, South Pymatuning Township, filed notice of an impending suit on June 29, 2009, against G.E. Apartments Ltd. of Akron, Ohio, the owner of the property near the Walmart at 1275 N. Hermitage Road; Cedarwood Development Inc., Akron, a company related to G.E. Apartments; Nicholas Tisone, a leasing agent employed by Cedarwood; real estate agent John Baglier and his employer, Howard Hanna Real Estate Co. and Howard Hanna Real Estate Associates Inc., 1483 N. Hermitage Road, Hermitage.

Mammarelli claimed he had a deal to buy 1.3 acres south of the Montrose car dealership for $200,000, but the defendants reneged.

In April 2012, Judge Thomas R. Dobson dismissed various counts – including all against G.E. Apartments – and let charges of fraud and deceit against the other defendants, and Baglier’s and Hanna’s counterclaims of misrepresentation against Cedarwood and Tisone, proceed toward trial.

That trial was supposed to be held next week, but the settlement was disclosed at a late May pretrial conference.

In its pretrial statement, the Hanna companies said they had settled with Mammarelli for $18,000.

The agreement also covers a suit filed in Ohio, Yeatts said.

Cedarwood noted that it had offered in September to settle the case for $7,000, Mammarelli demanded $100,000, and Cedarwood countered with an offer that he buy the property for $200,000.