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Home My WebLink About10-13-10IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION N0. - - IN RE: ESTATE OF DOMINICK SABELLA MOTION FOR STAY OF EXECTION OF .EVICTION PENDING APPEAL JA ARY H ARING N CONTE T OF THE EXUTRIX'S INTERPRETATION OF THE WILL ~ Cr7 ~'~1 rrs ~ (~QO ~~~,yJI~~J. ~ I AND NOW,this 6th day of October, 2010, come the petitioner, ', Michael Sabella, Pro Se,with the above-captioned motion in ', Orphan's Court. j ', FACTS OF THE CASE The Petitioner's Fat er, Domin c abella, passed away on May 2nd, 2010. The Petitioner was in the S.C.I. Chester's Therapeutic Cbmmu~ni~ty Drug Program at the time of his father's death. ~' The petitioner was to be paroled upon completion of the iabovl~e-~I, mentioned program. (see exhibit 1) The petitioner completed the above:mentioned program on 'Jul}, 6th, 2010. (see exhibit 2) ', The petitioner was to be paroled to his Father's home but w~s ~'i denied that because the executrix .had the statement of riesi en~e revoked. The petitioner's father filled out a statement of reaide~ce,for his son to come home with him 3ust a few weeks befoe hisi des,th. (see exhibit 3) ', ', The petitioner's wife, Marian Sabella, has been living alt t~e lil home in proxy for her husband. and has lived there since 20 6.~ The executrix has been doing everything possible to evict Marian Sabella and there was a hearing on matter at District Magistrate Charles Clement's office, I believe on July 11th 2010, '! Marian Sabella filed an appeal on the decision of that hear~ngi, on August 12, 2010, pro se. It appears that Marian Sabella made some kind of error in the appeal process and is being told that she must vacate the hgme by October 11, 2010. ', The reason for the eviction is so that the executrix cans supposedly get the.houae ready for sale. ', The petitioner filed a motion to contest the executrix's) I '~, interpretation of the will and has been granted a hearing onj that matter on January 13, 2011. i P~9~- l N _c O W N L~ _~~ ~'T ~ m~ ~~ .1 - ~.._. f', i ~"S'1 ~ -- '1 +-~ ~~ f '" ::.~~ ~j ~~Y PAGE 2 The pe'titibner has just learned of the eviction on October 6th, 2010 The petitioner has lived at the residence for 45 years. The petitioner stands to in heirate either the above-mention~d' home or all of the money from the sale of the home. (aee'exh bit 4) The petitioner's property and all his worldly possessions a e at the house and he has nowhere io store them nor the money ~o! pay for storage. The executrix and her brother, John Norman are not mentibned~i in the will at all but are very anxious to sell the home befpr the petitioner is released from prison. John Norman's main source of income is buying and selling ho~us~s The petitioner cannot figure out why it is so important for. h~ house to be sold sinew the petitioner gets all the money fro th sale, excepg for the large monetary gain that can be roadie fr m buying the home and reselling the home for profit. 'i The petitioner is to be released on October 18, 2010, to a ,i halfway house located at 125 East Azalea Drive, building, 22 Harrisburg, PA 17110. CONCLUTION The petitioner prays that this Honorable Court will'GR T' this Motion to Stay The Eviction and allows the petitioner a doh his wife to reside at 5219 Stuart Drive, Mechanicsburg,IPa 17055. Since the petitioner stands to inheirate either they ho a br all the money from the sale of the home, the sale of they ho a iseams frivilous and the petitioner hopes that he and his wife can go on to rebuild our lives. Respectful,~.y 8ypm~txeyJ, ~ / i, Yra se r0/6/io P~~~- ~ T I ~ ~'~' ~ ~~ , COMMONWEALTH OF PENNSYLVANIA BOARD OF PROBATION AND PAROLE 1101 S. Front Street Harrisburg, Pa. 17104 - 2519 NOTICE OF BOARD DECISION ' NAME: MICHAEL R. SABELLA PAROLE NO: i,93,'45S INSTITUTION: SCI -COAL TOWNSHIP INSTITUTION NW: GD5185 AS RECORDED ON JANUARY 12, 2010 THE BOARD OF PROBATION AND PA~tOLE RENDERED THE FOLLOWING DECISION IN YOUR CASE: MODIFY BOARD ACTION RECORDED ON 2/23/09 BY: -DELETING REVIEW PORTION. -CHANGING RECOMMIT PORTION TO READ: RECOMMIT TO A STATE CORREGTIOI~AI~ INSTITUTION AS A TECHNICAL PAROLE VIOLATOR FOR VIOLATION OF CONDITION ~f.SA, USE OF DRUGS. REST OF BOARD ACTION REMAINS THE SAME. ', REFER TO BOARD ACTION RECORDED ON 2/23/09 TO RECOMMIT TO A STATE lrOR~tEICTIONAL INSTITUTION AS A TECHNICAL PAROLE VIOLATOR, AND NOW: RECOMMIT TO A STATE CORRECTIONAL INSTITUTION AS A CONVICTED PAROLE VIOI~.ATOR FOR THE OFFENSE OF DRIVING UNDER THE INFLUENCE. EVIDENCE RELIED ON: CERTIFIED COPY OF COURT RECORD PROVING CONVICTIOIN.'~, ACKNOWLEDGEMENT OF CONVICTION. DOCUMENTED PBPP FORM 72A. REASON: CONVICTION IN A COURT OF RECORD ESTABLISHED. MITIGATING REASON: PAROLE VIOLATOR THERAPEUTIC COMMUNITY. REPAROLE UPON- SUCCESSFUL COMPLETION Of THE PAROLE VIOLATOR THSRM~t~T~C COMMUNITY PROGRAM TO AN AlaPROVED PLAN UPON CONDITION THAT THERE ARE NO MISC CTS AND SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS: (CONTINUE ON PAGE 2 ) PAROLE VIOLATION MAX DATE: 04/13/2015 CC: DISTRICT ATTORNEY CLIENT COPY MICHAEL R. SABELLA ~ GD5185 SCI -COAL TOWNSHIP Pq,~ ~ ~ ONE KELLEY DRIVE COAL TOWNSHIP, PA 17866-1020 ~,. Notice of beciaon PBPP 15 ~)1 of 3 ~~ -L-- Q O .~ N .~-~ U E w 0 a~ c~ U .~ V 1 -N ~ 4 ~ ~ a CJ v~ ~ ~/'~ c3 ~ W ~ '~~ ~ C/7 ~~, ~ 'T~ ~ ~ +~ . ,.,.~ Q U v EU-- J i O ...~ Iv o a ~~ ~V~ a.. .p.ennsytva~n~a . BOARD OF PROBATION AND PAROLE .. ~~ ~ ~`TAT$MENT~R g&SIDRNCE Send this form to the person who is offering you-a l~cama' Whin they return the.completed form to you, forward the form to tba Imstitut~ion'al Payola Office. Returnto: ~ •OFFBNDBRNAME~Bc'1NSTTLtiTION~NUMBLR: , i ~' ~1 ~~~ ~~~cJ~~= State Correctional Institution - SCI Coal Township !~ . ~ .Oae.Kelley.Drive '', ; . . Coal. Township, PA 17666 . [To be co~ld~ted by home provides] Institutional Payola Staff; Name . (Sued dt Numbor, R.D. No. or Hox No,) Pleaseprint (Wceapt for #tSte) i.e.: plareatJ dc, . ~~ ~,1~ ~~ ~1 • i(S ~ & Zip Code) - heraby declare'my willingness to provide living quarters for a minimum of named if hdshe is released om payola. I -shall axped him/hac to pay rent or . pea' YYKhn~l~ . I-agree to take'a`fiiendly iritarest in this person u opl cooperate with parole supervisifln staff by reporting any irreguluities, that's e to.the above- u 4um of ~_~p. ffords, sad' I sTi~slli to my atteati~n. c5 (Signature of home provider & Date) . ~^11 ~~ •~ CQto ~ ~3 `d.S ~~ (Home'Phoae Numli~) ------ (Work Phone Number 8t Houra/Dgys Worked) . 'I . . . , (Ce11 Phone Numbs) ~ . IMPORTANT: If tlm home is located in public of fedosal subsidized housing (HUIp), mbwt have Pte' aPPro~ by the FTousing Authority beSore completing this form: arhle suparvieioa staff will be ooatdoting them for approval, . NOTICE: To avoid• day is making iavestigations,lciadly pmvi'de disectioa~l to ur place of reeideaoe if . ~ you an located on. a rural route. 'Y'he name by which the rural arga is loo will also be he~piiil. 'If the offender's name is nod oa the ieaee, pamle supewieioa stafFmust~gataot pnd~'info Ltadlord as to the pmpoeed plea. ~ The landlord moat agree to allow the offender to reeide at the propd~ed (Rev. 06/2008) ~_-_ ~ ~ -- 4, 4' FIRST CODICIL TO THE WILL OF DOMIIVICK C. SABELLA i I, DONIINICK G SABELLA, of Mechanicsburg, Cumberland Ccfunt~, l~ennsylvania, Iii declare this to be a first codicil to my Will dated March 12, 2003. FIRST: I revoke ITEM TV of my Will in its entirety aad substit~e (therefore the following new ITEM N: ~ II~~ ITEM TV. .All the rest, residue and remainder of my estate, of wl~atso~v~r nature and wheresoever situate, I give, devise and bequeath according to the following: A. My real property located at 5219 Stuart Drive, Mechanic~bur~, l~ennsylvania, subject to all outstanding taxes, mortgages, utilities and debts, and any vehic#e awned by me at the time of my death to my son, MICHAEL SABELLA, provided the foi~ov~-ing: (1.) he is not incarcerated at the time of my death or within nine (9) months of tie d~te~~, of my death, (2.) he has not been convicted of a crime for which incarceration is a po~sibl~ sentence as of my .death or within nine (9) months thereafter; and (3.) MICHAEL SAB Y..LA shall be responsible for payment within nine (9) months from the date of my depth o ail inheritance taxes due an these .items. This tax must be paid before distribution to :him oft these assets. Failure to meet any of the above terms shall cause this bequest to lapse. ivy (real property and vehicle will then be sold by my Executor and the aet proceeds, after payment of all outstanding taxes, mortgages, utilities, debts, and inheritance taxes due c-n s lbequest, shall be distributed to MICHAEL SABELLA, outright. In the eves that MICHAEL SABELLA predeceases me or fads to survive me by thirty (30) days, I give, devise and bequeath his share to be held in a S~eci~l supplemental ~~„6~+ P~~- G __ .~: DECLARATION I, ~ I C ~ ~e ~ do here ve ' that by rify the facts set foxth in the above motion are true and correict to the best of my personal knowledge or information aril belief, and that any false statements herein are made sulb- ject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S.- § 4904), relating to unsworn falsification tp authorities. No Notary Requu~ed (Si tore of -~ ~. her' ,~ ~•. ~, Other ~'~ II .~ s' ~~ ~~ ., G ~' .. Certificate of Service I hereby certify that I have served a copy of this petition upon all other part$es or their attorney of record by: i Pleose check I • ' ,, Regular First Class Mail ~'~, ~. Certified Mail Name of. Petitioner ~~ Signature of Petitioner Bated:: f ~ 6~ .1C~ 4 c- PI~~~S ~Ur~ ~~~~s ~~ P~ 11e<3 t . ~~ ~~-`~~ G S vt r e ~ P.vn t ~ ~e ~~ S G~ 3 `~ 1j ~~'~i~ "" ~ Page ~ of Q, (Print Name) t~ i .~~,. ~_ -_ -