House dispute centers on moldy hidden room

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House dispute centers on moldy hidden room

By Foreman

Pittsburgh Tribune-Review

Saturday, October 13, 2007

http://pittsburghlive.com/x/tribunereview/news/westmoreland/s_532402.

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Although his attorney claims the case belongs in civil court, a

Donegal Township man faces trial on felony theft charges for selling

a Hempfield home to a young couple without disclosing a hidden

basement room that is plagued by water and mold.

After a preliminary hearing on Friday, Hempfield District Judge Mark

Mansour ordered Dennis D. Hawk, 62, to trial on two counts of theft

by deception.

Westmoreland County District Attorney Peck called the case one

of the more egregious examples of deception, given that the buying

of a home is one of the more important purchases in a person's life.

Defense attorney Harry F. Smail Jr., who unsuccessfully argued for

dismissal of the charges, countered that the buyers are trying to

get Hawk to pay for " capital improvements " to the property,

including French drains installed around the home to alleviate

flooding in the basement.

" These buyers were aware that the home was in a deteriorating

condition beforehand, " Smail said.

and Devon Snyder closed on a $156,800 deal for a house on Ray

Weyandt Road on June 6, but discovered a 300-square-foot room in the

cellar four days later.

The doorway to the room was sealed off by drywall and a finished

piece of plywood, with an electric fireplace hung on the wall,

Snyder, 25, testified yesterday. He discovered the room while

considering ways to remodel the basement.

Inside the hidden room, Snyder found about a 1/2-inch of water in

some sections and mold on the walls.

" It's not like you had a hose on, but you could see the water moving

in, " Snyder testified.

The Snyders have spent $16,000 to have the mold removed and $3,650

in costs for renting a backhoe so they could install the drains.

One of the prosecution's witnesses yesterday was Hawk's ex-wife, who

said she and the defendant didn't discover the room until after they

bought it in 1986.

Under questioning by Smail, Steenwijk said she thinks Hawk

only wanted to close off the room, not hide it. She acknowledged the

water problem would make it harder for real estate agents to sell

the house.

" Financially, we couldn't fix it at the time because the payments

were too high, " she said.

County Detective Kranitz testified Hawk decided to seal the

room early last year, after the finalization of the divorce.

Among Hawk's reasons was that noises in the room gave him an " eerie

feeling " because he had heard rumors that a woman had died in the

house before he owned it, Kranitz said.

" He said he didn't want to deal with it anymore, " the detective

said. " He said it was a nightmare to him. "

Foreman can be reached at cforeman@... or 724-626-

3561.