HomeMy WebLinkAbout11-02-10IN THE COURT OF COMNiviv ~~`Li=AS OF CUMBERLAND COUNTY, PA.
ORPHANS COURT DIVISION
NO. 21-10-0496 ~~ o ~,
ESTATE OF DOMINICK SABELLA ~
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PETITION TO REQUEST A COURT ORDER FOR PERMISSION T
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RESIDE AT 5219 STUART DRIVE WHILE STAY OF EXECUTION C~~ ~ ~ ~~
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EVICTION IS PENDING
Now comes the Petitioner, Michael Sabella, pro se, with a Petition to Request a Court
Order for Permission to Reside at 5219 Stuart Drive While Stay of Execution of Eviction
is Pending and represents the following:
1. The Petitioner, Michael Sabella, is the sole heir to the property at 5219 Stuart Drive;
2. As a recipient of Social Security, for a myriad of physical disabilities and de~~enerative
disc disease, the Petitioner and his wife must live within a strict budget;
3. Mrs. Sabella has legally resided at the property since 2006. As a valued and trusted
family member, Mrs. Sabella provided Dominick Sabella with companionship end health
care. Michael's wife did not allow Dominick Sabella to be neglected or left alone for any
length of time;
4. The Executrix, Linda Zisman, is the Petitioner's first cousin. Ms. Zisman has initiated
an aggressive campain of harassment and malicious persecution of the Sabella family
by:
i. disconnecting the telephone, terminating cable service, and removing various
personal items while Mrs. Sabella was at work;
ii. serving a notice of eviction, without standing, upon Mrs. Sabella during a time of
grief and sadness, and;
iii. interference of Petiti~ur-e~'s ~... ,1~ .,y ~:>; ~=:~senting to the authorities that Mich«-:
and wife were not welcome in their own home, and revoking a Statement of Residence
dated April 13, 2010, that was signed by Dominick Sabella after the last will was drawn
up. The consequence of these actions blocked Michael from attending his sister's
funeral. Madeline Sabella was Petitioner's only sibling. Michael cared very much for his
sister, and was devastated by not seeing her before her demise. Madeline died October
11, 2010, within 6 months of her father.
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5. The Petitioner's overall health is poor,and his physical condition has further
deteriorated from the stress caused by the actions of Linda Zisman. These acts have
robbed the Petioner of the opportunity to pursue major life activity, hampering the desire
to improve the quality of life, and stablizing an .unhealthy medical condition.
6. The love and concern for his only son, by the elder Sabella, was motivated by longing
to have Michael as close in physical presence as that within the heart. This has been
evidenced by exhibit 3 of Petitioner's Motion for Stay of Execution of Eviction. Exhibit 3
is titled "Statement of Residence". This document was properly served on the Parole
Board, and is part of the court record.
7.Linda Zisman's act to revoke the parole of the Petitioner runs counter to Dominick's
wishes, as the Statement Of Residence, with the date, expresses. Further, the
revocation of the Statement has resulted in the forced residence of the Petioner in a
private contract facility, for which he cannot financially contribute to, instead of living in
his home.Contrary to doctor's orders, Michael must climb a stairwell. Repeated attempts
by the staff of the facility to force Michael to work, are counter to the doctor's insistance
upon total disability.
Wherefore, the Petitioner respectfully requests the Court to issue an Order to:
i. allow the Petitioner to live in his home with his wife;
ii. grant Mrs. Sabella the right to live at 5219 Stuart Drive;
which will be reviewed on January 13, 2011, when this Court will hear and rule upon
Petitioner's Motion to Contest Executrix' Interpretation of the Will, and:
iii. or any remedy and relief as this Court finds just and worthy.
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Respectfully Submitted:
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Michael Sabella, pro se
VERIFICATION
I, Michael Sabella, swear and affirm under the penaties provided for under 18
Pa.C.S.A. Sec. 4904 that facts containedherein are true and correct to the best of my
knowledge and belief.
Dated:-~j-1¢ Respectfully Submitted:
Michael Sabella, pro se
PROOF OF SERVICE
Clerk of Courts (1 copy)
1 Court House Square
Carlisle PA 17013
Kevin Hess, P.J.
1 Court House Square
Carlisle PA 17013
Benjamin J. Butler, Esquire
500 N. 3~d Street, PO Box 1004
Harrisburg PA 17108
Ll2rte~:/~-~-~ Re :.ectfully Submitted:
Michael Sabella, pro se
128 E. Azalea Dr., Bldg. 22
Harrisburg Pa 17110-3587