SHARON

Two Sharon landlords jailed for allegedly failing to bring their properties in line with city codes will remain locked up until the violations are corrected -- despite claims they no longer own one of the lots in question.

Thomas E. Merchant, 48, and Earl A. Schifino, 45, both of 90 S. Irvine Ave., Sharon, were taken to Mercer County Jail June 27 after failing to comply with a court order requiring they bring property they own at 486 and 709 S. Irvine Ave. up to code. The order, issued by Mercer County Judge Michael J. Wherry, stated if they did not take care of the code violations by June 24, they would have to serve a 90-day jail sentence.

"They’re going to stay in jail until this matter is cleared up or the sentence has been served," Wherry said during a hearing Wednesday.

Frank Smeraglia, city code and zoning officer, said the outside walls of the houses were deteriorating, downspouts were hanging loose, windows were broken windows and piles of dirt were left. He said there were other violations inside, but the court order deals with only the outside.

Smeraglia said he and Merchant agreed that the house at 486 S. Irvine would be torn down and the one at 790 S. Irvine be repaired. He said 486 S. Irvine has been razed but the property still does not meet code.

Smeraglia said a pile of rubble sitting where the house used to stand must be hauled away and the lot backfilled and graded. Smeraglia said no work has been done on the other property.

Merchant said the house at 486 S. Irvine was supposed to be razed before June 24, but the work was not completed. He said he gave his attorney, George P. Micacchione of New Castle, a down payment to give to the contractor for the work.

Micacchione gave Wherry a copy of the signed contract but the day in June 2000 was blank. Micacchione said he forgot to fill in the date.

Merchant said he advertised 709 S. Irvine for sale. He said Tom Sanford, Sr. of Sharon was supposed to buy the property and was aware of the code violations.

Merchant said he signed the deed prepared by Micacchione on June 23 -- the day before the court order required him to go to jail. Merchant said he was supposed to meet Sanford June 27 so he could sign the deed, but Sanford backed out of the deal.

William Madden, city solicitor, asked Merchant if he thought selling the properties would void the court order. Merchant said he thought it would be in his "best interest to downsize." Merchant said he understood from Micacchione that if he sold the property, he would be relieved of responsibility for it.

Merchant said 709 S. Irvine has been sold to Keith Greene of Sharon. Greene had a receipt showing the property was deeded to him Monday. Madden asked if Greene paid any money for the property. Greene said he did not, but agreed to pay all back taxes and bring the property up to code. He said that will cost him about $8,000.

Schifino never took the stand.

At the request of Madden, the landlords will be put on work release to begin cleaning up other properties they own in the city that have code violations. The city is responsible for guarding the pair.

Wherry said once the two properties are up to code, he will consider parole.

The landlords own 12 other properties in Sharon. According to Police Chief Raymond C. Greene, the city has had problems with Merchant and Schifino not keeping their properties up to code for the last four or five years.