The owner of a Clearfield Township personal care home/boarding home on Thursday staved off an injunction to close her doors, but just for a day.

Kimberly Fair convinced Butler County Judge S. Michael Yeager to continue the hearing requested by the state Department of Public Welfare to this morning.

Fair asked Yeager for an extension because she received notification of the hearing less than a week ago.

“Unfortunately, my counsel is unavailable,” she said.

Gene Cuccarese, senior counsel for the Pittsburgh welfare office, argued against the extension.

Cuccarese said he spoke to Pittsburgh attorney David Brumfield, the lawyer Fair was referring to, and Brumfield said he wasn’t representing Fair.

Yeager granted Fair time to go into the hall and contact Brumfield for clarification. She returned saying he was her attorney.

A court clerk dialed Brumfield’s office during the hearing. He confirmed Fair is his client.

After the hearing, Cuccarese verified the voice on the speaker phone was Brumfield.

According to Brumfield, he was not representing Fair in this case when he spoke to Cuccarese, but that changed.

Although Brumfield asked Yeager to delay the hearing at least to Friday afternoon, the judge declined to push the time or date any later.

Brumfield told the judge he would try to move another hearing he was to attend so he could come to Fair’s hearing.

Yeager stressed that he is concerned with the welfare of the people staying at the Harris Road home.

Fair responded that she also is concerned with her residents.

The state alleges Fair illegally operates a personal care home since she is not licensed.

Fair maintains she has the appropriate ratio of people caring for the residents, which reached 15 in June, so she doesn’t need a license.

But Cuccarese insisted that is not the case.

“A license must be obtained,” he said.

Fair told Yeager an application for a state license was submitted.

“It’s being processed,” she said.

Cuccarese pointed out that Fair had ample opportunity to acquire a license since the state earlier this year evacuated the residents in her first personal care home in Gibsonia.

The Clearfield home was ordered shut down in June for the same reason.

“She chose not to pursue a license,” Cuccarese said.

He said the state would not be inclined to issue a permit after the events of the past year.

“That is very unlikely to occur now,” Cuccarese said.

On June 21, the state conducted an emergency evacuation of the 15 residents who were there then, citing poor conditions.

During the state’s most recent visit to the home on Oct. 11, none of the 14 residents opted to leave.

There also is some confusion over what the name of Fair’s business is. Fair calls the building the Kimberly Fair Boarding and Care Home, but the state and county refer to it as Kim’s Caring Cabin.