Court sets limits for Clearfield Twp. home
A Butler County court order limits the number of people who require special care to be at a Clearfield Township boarding house.
Judge S. Michael Yeager on Friday ordered Kimberly Fair to house no more than three people requiring special care at any time.
Fair faces fines and imprisonment if she violates the order, which does not affect how many boarders she has.
Under state law, any building that houses four or more people with personal care needs must be licensed.
As of Friday, Fair had not gotten a license to operate a personal care home at 135 Harris Road.
The court order requires her to cooperate with public welfare and other agencies to relocate people.
Gene Cuccarese, senior counsel for the Pittsburgh welfare office, said the state would offer relocation assistance to all the residents.
Without the court order, the state could only fine Fair for not complying with licensing requirements.
“The problem is the department can’t force anybody to leave,” Cuccarese said.
The exact number of residents requiring care at the Harris Road home was unclear. Fair admitted to having four under that category.
She disputed the state’s claim that conditions at her home were unsafe.
“What I disagree with is anyone is at risk,” Fair said.
When she continued to argue against statements in the order, Cuccarese said he would present evidence against her that they discussed in a consultation.
After that, Fair, who represented herself at the hearing, reluctantly agreed to comply with the order.
Cuccarese said the state sought an injunction because of continued violations by Fair and conditions at the home.
“Within the last five days, power was cut off to the property,” he said.
Cuccarese said Fair, who owed $1,700 to a utility provider, subsequently restored electricity using a generator, which left wires strewn throughout the house.
Yeager had continued the hearing from Thursday, when Fair requested an extension because an attorney was unavailable.
Although Pittsburgh attorney David Brumfield told Yeager via speakerphone on Thursday that he would represent Fair, he later faxed a letter stating just the opposite.
Fair’s problems with the state began in February while she housed residents in a former personal care home in Gibsonia.
She still owes $14,000 in fines for that case, which hasn’t been settled.
The state first evacuated residents from the Harris Road home last June. Numerous state visits have occurred since then.
During the state’s Oct. 11 visit, all 14 residents opted to stay with Fair.
