The Herald, Sharon, Pa.

Local News

July 17, 2013

Judge praises feuding parties

Property owners cited for showing ‘sanity’ in dispute

HERMITAGE — A Mercer County judge on Tuesday praised sparring property owners in Hermitage for reaching an agreement that hopefully settles issues that erupted last week in a game of tit-for-tat.

Common Pleas Court Judge Robert G. Yeatts said that while he knows little about the lawsuit B&B Commercial Properties filed against Jerry and Carole Chiccarino and Speedway, “It appears to me what the situation needed was a moment of sanity, a moment to step back. I commend you for taking that moment to step back.”

B&B owns Tuscany Court, a retail plaza on South Hermitage Road. It is a neighbor to Chiccarino’s restaurant. Jerry Chiccarino plans to sell his property to Speedway LLC, which has received permission from city commissioners to build a gas station and convenience store on the Chiccarino and neighboring Rex TV property on Morefield Road.

The restaurant remains open and has not announced a specific closing date.

Alan Baldarelli, general partner of Almarle Realty, which owns B&B, protested the plan because Speedway wants to build a buffer that he said would cut off access to the rear of his property.

B&B later filed a lawsuit to enforce what Baldarelli said is an oral easement agreement between B&B and Chiccarino.

Chiccarino said no agreement exists as he backed out of fruitless negotiations in September.

Last week, each side placed barriers on the boundary line of their properties in an apparent attempt to keep customers from using one property to get to the other.

On Friday, Chiccarino filed an emergency injunction motion that he said was a result of: someone associated with B&B using a backhoe to deposit gravel between the property lines of the Chiccarino’s and Rex properties; B&B posting signs informing Chiccarino’s customers that they are not allowed to park on B&B property; and Baldarelli entering the restaurant kitchen through the employee entrance and “causing a disturbance and using profanities.”

Yeatts granted the motion barring anyone associated with B&B from being on Chiccarino’s property or interfering with access to the Chiccarino or Rex properties; and setting standards for signs that outlawed the ones B&B had erected.

Yeatts set Tuesday’s hearing to give each side an opportunity to present testimony about the motion issues, but the sides reached an agreement instead.

The agreement, which was approved by Yeatts, keeps in place the facets of Yeatts’ Friday order, but adds that neither side admits to any wrongdoing or liability; the agreement is not admissible in further court proceedings; and either side can request a hearing on a permanent injunction.

Levio Baldarelli, Alan’s brother, said he wanted to be able to use the words “Chiccarino’s” and “closed” on a sign – one that had been erected and taken down used those words – but Ronald Amrhein, attorney for Chiccarino, said he would never agree to the use of the words together as they could give the wrong impression the restaurant is closed.

After the hearing, Alan Baldarelli was asked for comment and he referred to Chiccarino allegedly initiating last week’s actions by placing railroad ties between the properties, preventing access to the rear of B&B’s building.

“Let the courts handle it,” he said. “I have said that from the beginning.”

Amrhein declined to comment.

1
Text Only
Local News
  • Community thanks its first-responders

    Sharpsville honored its emergency responders Sunday at an event that included Mertz Towers residents as special guests.

    July 28, 2014

  • Drilling boom challenges state inspectors

    The state’s 83 well inspectors face a daunting enough challenge keeping tabs on 120,000 active oil and gas wells that have been drilled over the last century.

    July 28, 2014

  • Kidds Mill Covered Bridge A span of time

    Four generations of the Cadman family have enjoyed the Kidds Mill Covered Bridge, which is in Pymatuning Township near where the family’s ancestral farm is located.

    July 28, 2014 3 Photos

  • Intruder hurts woman, takes $5

    A home invasion in Hermitage Friday night sent an elderly woman to the hospital and netted the robber $5.

    July 27, 2014

  • national night out March against crime set for Aug. 5

    At the last Southwest Mercer County Regional Police Commission meeting, Chief Riley Smoot Jr. presented the number of incidents for each of the four communities in May.

    Farrell topped out at 819.

    July 27, 2014 1 Photo

  • high street trail Peaceful pathways

    History buffs and picnickers in the Shenango Valley won’t have to drive to Sharpsville to hang out at the old Erie Canal extension lock. They’ll soon have the option to walk or roll in on bicycles and even powered chairs to visit Canal Park near the outflow of Shenango Dam.

    July 27, 2014 1 Photo

  • balloonquest1 Balloon Quest celebrates 25 years

    Today is the final day of the 25th annual Western Pennsylvania Balloon Quest at Scotland Meadows Park.

    July 27, 2014 1 Photo

  • News briefs from July 26, 2014

    Man faces bomb threat charges

    June building tops $4 million in Hermitage

    July 26, 2014

  • Elderly man survives plane crash

    An elderly man survived wrecking his plane into a bank, then landing into a wetland, about 200 feet south of Runway 28 at Grove City Regional Airport in Springfield Township on Friday.

    July 26, 2014

  • Dontae Rashad Pinkins Man arrested for April gunfight

    Federal marshals and local police arrested Dontae Rashad Pinkins Thursday on a warrant accusing him of involvement in an April gunfight with another man in a Sharon alley.

    July 26, 2014 1 Photo

  • Hearing changed in starving case

    The time and place for the preliminary hearing of a Greenville mom accused of starving and beating her 7-year-old young son has been changed.

    July 26, 2014

  • Schell working on mural Drawn to Mexico

    Jason Schell probably is not exaggerating when he says that millions of people have seen his art.

    July 26, 2014 4 Photos

  • Farrell man, 24, arrested on warrant in connection with April shooting

    Federal marshals and local police arrested Dontae Rashad Pinkins Thursday on a warrant accusing him of involvement in an April shootout in Sharon.


    Pinkins, 24, of Farrell, is in Mercer County Jail after failing to post bond on gun charges.

    Additional details to follow.
     

    July 25, 2014

  • Firm will study timing of traffic signals

    Hermitage commissioners on Wednesday hired Whitman, Requardt and Associates LLP to study the timing scheme of traffic signals along parts of Hermitage Road and East State Street.

    July 25, 2014

  • 3 area fire depts. awarded grants

    Three area fire departments will share in more than $590,000 in grants meant to help Pennsylvania’s rural communities guard against the threat of fires in forests and other undeveloped areas, Department of Conservation and Natural Resources Secretary Ellen Ferretti announced.

    July 25, 2014