Group thwarts agency's effort

September 23, 2006

By PAT LITOWITZ
plitowitz@ncnewsonline.com

Six Lawrence County businessmen played an unexpected role in derailing a housing agency's effort in common pleas court.

Joseph Mazzant, Joseph DeRosa, James A. Mims Jr., Louis Suisi and Carl Rossi purchased seven properties during an auction Sept. 9 at the Shenango Township fire hall. Affordable Housing of Lawrence County, which placed the structures up for sale, earned $56,200 at event's end.

The Lawrence County Housing Authority, which created Affordable Housing in 2003, sought an injunction following the auction. In filing its complaint, the authority named the five men, auctioneer Raymond Mazzanti and Affordable Housing as defendants.

Attorney Louis Perrotta, representing the authority, asked the court to consider several actions. Among them were to block the sale, return the sales proceeds to the defendants and have a real estate agent sell the properties.

During the second day of hearings on Tuesday, the authority withdrew its complaint.

"This is frivolous," Mazzant told Judge J. Craig Cox as the hearing opened Monday.

Twice, Cox asked the defendants if they wanted to retain legal counsel. In each case, the men said they would represent themselves.

At first, the move appeared to be questionable.

"When do I make an objection? Anytime I want?" Mazzanti asked Perrotta.

Perrotta did not answer.

Later, Mazzanti asked to be dropped from the complaint.

"I'll wait for the judge's motion to dismiss," he said.

"I've already denied your motion to dismiss," the judge responded.

On several occasions Cox had to keep Mazzant on task.

"Mr. Mazzant, you have to ask questions and not make speeches."

Despite stumbling early, the collective group of novice attorneys rebounded. Robert Evanick, the housing authority's executive director, was the target of their ire.

Of particular interest was the amount Affordable Housing paid for eight properties in 2005 and the zoning violations assessed against each. Evanick had served as Affordable Housing's president when the houses were bought. He resigned a day after loan papers were signed with First Commonwealth Bank.

"Do you think you paid too much?" Mazzant asked Evanick. "You have a big shortfall here.

"If the money came out of your own pocket, would you spend it?"

Evanick responded that he relied on consultant Robert Ratkovich's recommendation in approving the purchases, which totaled $340,000. Ratkovich, who serves as New Castle City Council president, is employed as the authority's maintenance superintendent.

"I think you spent way too much money to buy it."

Suisi jumped into the fray asking if Evanick had ever visited the properties.

When Evanick answered "no," Suisi expressed disbelief considering that the sites were within a 15-minute driving distance of the housing authority.

Perrotta cited Evanick's testimony as one reason for withdrawing the authority's complaint.

"I think they did a great job," said Affordable Housing attorney Timothy McNickle.

Considering the nuances and complexity of law, First Commonwealth attorney Michael Flaherty said he generally recommends against defendants representing themselves. He lauded Cox for showing patience with the defendants and allowing them to participate.