Case Details
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Case ID: 5705
Classification: Hoarding
Animal: cat
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Hoarding - at least 60 cats
West Nantmeal, PA (US)

Incident Date: Saturday, Oct 1, 2005
County: Chester

Disposition: Not Charged

Person of Interest: Phyllis H. Ruley

Case Updates: 5 update(s) available

Residents of a Chester County community are upset over what they say is an illegal animal shelter in their neighborhood. The animals are being kept in a house in West Nantmeal Township, and neighbors want something done about it.

Neighbors said there is a constant smell and concentration of flies coming from the property.

Pennsylvania's SPCA has warned the homeowner, Phyllis Ruley, about possible animal cruelty violations.

West Nantmeal officials inspected the property and said it is being used as an animal shelter in violation of zoning.

"I thought between the zoning officer and the SPCA it was being taken care of, but nothing's been done. And now we're going to do something one way or another," West Nantmeal Township Supervisor Ray Beiler said.

Ruley said she does not run a shelter out of the home, but at an animal house in Frazer.

She said some of the animals up for adoption are kept at the West Nantmeal location temporarily.


Case Updates

The decision that Phyllis Ruley's rescue was an illegal kennel was overturned on appeal in March 2008, and with it, the fines previously levied.
Source: Commonwealth Court of Pennsylvania - No. 807 CD 2007
Update posted on May 21, 2008 - 9:26PM 
Phyllis Ruley, who was recently convicted by the zoning hearing board of operating an illegal kennel, could be served with notice of a court hearing on the matter any day now, as soon as a state constable can locate her. Township Solicitor Kristin Camp filed a brief with Magisterial District Judge Michael Cabry on April 21, asking him to enforce the Oct. 12, 2005, cease-and-desist order filed against Ruley. Zoning Officer Russell Yerkes� order cited Ruley for several zoning violations, including using her property as a kennel without a special exception since at least July 29, 2005, permitting the offensive odors of ammonia and bleach beyond the property line, allowing materials to be stored outdoors on a daily basis from Oct. 11, 2005, and for keeping garbage in an unsecured container.

The order, contained in court documents, asserts that Ruley maintains between 70 and 100 cats, between two and seven dogs and three goats on her 1.8-acre residential lot. "It takes time for the order to be served because it needs to be served by a constable," Camp said. "Considering that Ms. Ruley is not normally home during regular business hours, I gave instructions that it be done in the early morning, evening or on weekends." Camp said she would be in immediate contact with the constable to find out when the order would be handed over, but Ruley�s erratic schedule complicates matters because she cannot be served at her workplace, the Frazer Animal Clinic.

A June 16, 2006 hearing has been scheduled in Cabry�s court. However, Camp said that date was tentative because hearing dates usually happen two to three weeks after papers are served. The $500-per-day fine the township seeks to enforce against Ruley can�t be levied without Cabry�s adjudication. Ruley declined to discuss the matter when contacted at the Frazer Animal Hospital. She said her lawyers are handling her affairs and appealing the township decision to the Court of Common Pleas. She also refrained from discussing the fates of her animals. Camp said Ruley�s failure to appeal the zoning hearing board�s Feb. 23, 2006 decision that she operated a kennel from her home within the allotted 30-day appeal window is significant because it would potentially have been easier for her to win. The board also rejected Ruley�s April 5, 2006 effort to obtain a special exception for a kennel. "I feel strongly appealing the second decision would be a waste of resources," Camp said.

Ruley�s attorney, Richard Keifer, would not comment further on the case, saying the request for a special kennel exception is being appealed to the Court of Common Pleas. Camp is confident the court will uphold the zoning hearing board�s decision because of what she feels is the strong case behind the decision. All evidence entered before the zoning board would be reiterated in the township�s defense of the appeal.

This is not the first time that Ruley has run afoul of municipal officials because of her care of animals. According to testimony before the zoning board, Ruley had committed similar zoning violations in Marple Township, Delaware County. Camp said this proved Ruley was a "threat to the health, safety and welfare of the community." In 2003, Marple Codes Enforcement Officer Joseph Romano cited Ruley on two separate occasions, he said in a recent interview. Romano said he cited Ruley for the upkeep of her property and for foul odors emanating from her home, which he said became especially noticeable during the summer of 2003. "She had about 100 cats," Romano said. "We have an ordinance that says you are only allowed five cats and four dogs, and we felt her house was becoming a health hazard." Court records show Ruley pled guilty to having noxious odors emanating from her property on Oct. 22, 2003, and for poor maintenance of her premises on Nov. 20, 2003. Romano said Ruley paid her fines without complaining. He recalls that her first fine was around $100 and the second fine was around $150.
"We were about to take her in front of a district justice, but she sold her house to a Realtor," Romano said. "We figured the only way we were going to get her to leave was by giving her citations every week." Ruley averted being brought before the magisterial district judge when she informed Romano at the end of 2003 that she was moving to Chester County to "live with a veterinarian" and that she was taking the animals with her. "I was happy to see her go," Romano said. "The whole episode lasted about six months."

Delaware County real estate records show Ruley�s home was subsequently sold to LTMD LLC, a real estate company, for $1. Robert Dorazio, the current owner, said the house was gutted prior to being resold by the same company to him and his wife, although no reason was given.
Source: The Daily Local - May 1, 2006
Update posted on May 10, 2006 - 9:38PM 
Neighbors of Phyllis Ruley, whose Manor Road home has been the subject of a fierce battle over its use as an "animal rescue" center, say they are eager to see the troubles they say she brought to the community come to an end, the sooner the better.

But even though their position that the property is not a suitable location for such an operation and that it rather serves as a thorn in the community has been supported in official circles, the neighbors say they fear they are going to be living with the situation for some time to come.

"There is a sense we have won a battle, but we are not winning the war," said Shirley Van Scoyk, Ruley�s next-door neighbor. "Nothing has changed for those animals in there. The cats in there are still living horrible lives."

A lawyer representing Ruley -- a veterinary worker who has been praised by supporters as a true lover of animals -- promised that she would not give up her fight to use the property as she intends.

Attorney Richard Keifer said Wednesday his client plans to fight the township�s efforts to take the animals away from her, which could delay enforcement efforts.

Keifer said Ruley intends to get the Court of Common Pleas to invalidate the zoning hearing board�s ruling that she was not entitled to a special exception and that she was operating a kennel and thus was doing so illegally.

"Phyllis is going to fight this with all she has," said Ruley friend Megan Testa, receptionist at the Frazer Animal Hospital, where Ruley works. "I don�t think (the township) listened to her about anything, and I went to every meeting."

On April 5, the township zoning hearing board voted unanimously to deny Ruley�s special exception request to operate an animal shelter on her property. That decision brought the situation, from the neighbor�s perspective, closer to resolution, preceded as it was by a February decision upholding an October 2005 cease-and-desist order that had been lodged against Ruley for operating a kennel.

Township solicitor Kristin Camp, contacted before Ruley�s decision to appeal her case became public, said "it could be a long" time before anything would happen should Ruley opt to appeal the case.

Meanwhile, the township on Thursday began formal proceedings against Ruley in district court in Honey Brook, asking the court to begin levying fines against Ruley as long as she operates the shelter.

Ruley could not be reached for comment to discuss her case. In the past, she has complained that she has been treated unfairly by the media covering the case.

In interviews last week, involved community members say their efforts to shut down the operation on Ruley�s property have been motivated as much by concern for Ruley�s animals, which they have alleged are forced to live in squalor, as it was by the poor conditions they face living nearby.

In testimony before the zoners at a February hearing on the cease-and-desist order, Zoning Officer Russell Yerkes said the odor of cat urine, mixed with bleach, coming from Ruley�s house was noticeable from the street, even before he entered the property last October.

Not only was the odor noticeable, he told the zoning board members, but he could clearly see the presence of animal feces in her yard as he approached the door.

Yerkes also testified Ruley�s property was covered by debris, including animal fecal material, an unregistered van, an old refrigerator, animal kennels, trash bags, fencing and an old lawnmower, among other materials.

Efforts to take the more than 70 cats, the handful of dogs and the two goats away from her and have her charged with animal cruelty began after Deneen Walton and Anne Bishop, township residents, stopped at Ruley�s home on the last July 4 seeking to adopt a Chihauhua from her.

"I didn�t know she was there until I went to a dinner party with (a friend), and I heard there was an animal rescue there," Walton said. "I knocked on the door, but no one came to the door, and I looked in the window and saw several cats in the window walking in their own feces."

She and her friend then saw a pile of black trash bags that she say smelled "foul and strong," which quickly overcame both women, bringing them to the verge of nausea.

Immediately after that incident, Walton and Bishop walked next door to ask the Van Scoyks if they smelled anything from Ruley�s home. They had, the couple replied. Prior to that event, Walton had never met Shirley and Charles Van Scoyk before, and Van Scoyk said she hadn�t had any interest in Ruley prior to that event.

Soon thereafter, the township became involved, with Yerkes touring Ruley�s property together with a Chester County SPCA enforcement officer; however, no action was taken against her at that time, according to the neighbors.

The neighbors held a meeting last summer attended by representatives from the Pennsylvania SPCA, the Chester County Dog Warden, the Chester County Health Department, Chester County SPCA and county Commissioner Andrew Dinniman. The officials were taken to Van Scoyk�s property line and shown the conditions and were given an opportunity to observe the odors.

Since last July, approximately 15 of Ruley�s neighbors, including Supervisor Raymond Beiler, have maintained what they believe is an almost constant watch of her almost every move, which Walton has documented using a day planner. Her observations, which she says show long absences by Ruley, have led the neighbors to believe Ruley does not reside in her Manor Road home, despite her protestations to the contrary.

Dawn Merritt, who lives next door to Ruley, said she wrote a letter to county SPCA officials complaining that Ruley is virtually never home to care for the animals.

"Since becoming aware of the situation at Ruley�s property in July 2005, I have rarely observed any person or persons at the residence," Merritt wrote. "My schedule generally has me pass by her property anywhere from 3 to 8 p.m. in the evenings. It�s hard to imagine how anyone can care for all those animals and hardly ever be home."

At least four other neighbors have also written affidavits testifying to the same matter.

Testa, however, said she doesn�t believe a single word the neighbors say. She disputes neighbor contentions that her friend is never home, mentioning that she was just with Ruley at her home early Wednesday morning.

"I have been over in Phyllis�s house many times helping her to clean up, and I never smelled anything other than Clorox," Testa said. "I drive up and down (Route 82) and see a lot of other (homes with problems) in Honey Brook."

Testa said Ruley and her other friends feel Ruley is being unfairly singled out by the township and her neighbors, while other equally unkempt places along the same road go unnoticed.

"There are three vehicles on our property, and all of them are unregistered," she said. "No one has said anything."
Source: Daily Local News - 04/16/2006
Update posted on Apr 17, 2006 - 5:57PM 
Phyllis Ruley is appealing a cease-and-desist order for keeping an illegal kennel. Neighbors claim resident Ruley keeps more than 200 cats and other animals at her residence. Ruley is asking the zoning hearing board to overrule the township�s zoning officer in the matter.

The topic came up at Monday�s board of supervisors meeting.

Ruley�s neighbors appeared to complain about allegedly poor conditions the animals live in.

"Her attorney appealed the decision to the zoning board," said Zoning Officer Russell Yerkes. "I am scheduled to meet with her lawyer and Phyllis herself; the state SPCA has taken over the case as the whole ball has gotten rolling with the zoning hearing board."

When Ruley was contacted Tuesday, she had no comments about her appeal, but she said her neighbors� claims were "lies" and denounced recent media coverage of her situation as "one-sided."

Supervisor Raymond Beiler said some of the trash on the property had been removed, and the odors were somewhat better than when he had visited Ruley�s property last month.

"There were about 30 trash bags in back around the barn, and they are gone," Beiler said Tuesday. "The cats are still there. When I was there they looked like happy cats, and they looked like they were fed. The cats look fine."

In spite of Beiler�s statement that the cats look like they are fed, Ruley�s neighbors disagree.

Neighbor Sue Madalla said she still smells Ruley�s trash bags, and she alleged the animals were not being well-fed.

"When the SPCA goes there to make an inspection, they give her 10 to 15 days notice; that is plenty of time for her to have the animals fed, watered and sheltered," said neighbor Shirley Van Scoy.

Yerkes said the township lacked the authority to remove Ruley�s animals because the SPCA had determined Ruley had not broken any state animal cruelty laws.

"Saturday morning I was standing on my porch, and I saw her front door open," Van Scoy said. "I know what carrion smells like, and it smelled like carrion. It is physically and financially impossible for one person to care for all of those animals."

Neighbors claimed the Chester County SPCA was protecting Ruley, and they threatened to incorporate as an animal welfare agency to bring charges against her.

An unidentified woman in the audience alleged that Ruley once owned a house in neighboring Delaware County and that conditions in that house were so bad that when she left, people had to enter the home wearing hazmat suits.

"There are so many stories, and until I see it myself; I believe nothing," Yerkes said.

The board of supervisors said there would be a huge burden of proof needed on the township�s part to prove that Ruley was operating an illegal kennel. Supervisors, however, urged the residents to provide testimony and place pressure on the Chester County District Attorney�s office and the county commissioners to bring charges against her.

The Chester County SPCA, however, disputes claims that it has covered for Ruley�s alleged abuses.

"The residents said we gave Ms. Ruley a clean bill of health, and that is not true," said Chester County SPCA spokesman Chuck McDevitt. "It is an ongoing investigation, and the residents� complaints are by no means being dismissed."

McDevitt said, so far, the conditions in Ruley�s home have not met the legal definition of animal cruelty, which includes the animals having no food, water or unsanitary conditions.

"We could go unannounced, but we would need to obtain a search warrant from the D.A.�s office, and right now, we don�t have enough evidence to get a search warrant from the D.A.," he said. "I understand from one of the Humane Society police officers that one of the complainants provided the township attorney with information that would allow her to obtain a search warrant for the ongoing investigation."

McDevitt also took issue with earlier assertions made by one of Ruley�s associates who claimed the animal control officer did not smell anything at her resident, saying the Humane Society police officer who visited the home detected a distinct "ammonia smell" there.

The Chester County SPCA said it has full confidence in the professionalism and training of its Humane Society police officers and that the township residents are more than welcome to go through the necessary training to become an accredited animal welfare agency if they desire to do so.

The SPCA asked anyone with information to assist its investigation to be forthcoming.
Source: The Daily Local - Nov 16, 2005
Update posted on Nov 16, 2005 - 6:52PM 
The township has decided to act on complaints of noxious odors emanating from a Manor Road home. Township officials first received complaints about Phyllis Ruley, who uses her home as a temporary home for numerous cats and other animals in July, when neighbor Shirley Van Scoy alerted township officials about the alleged smell coming from Ruley�s property.

They charge Ruley uses her home as an illegal animal shelter.

"I went there on Monday in my pickup, and I could smell the cat urine from 50 feet away," said Supervisor Raymond Beiler. "I couldn�t count the number of cats, but I could see at least 60, and I heard a goat because of its neighing."

Beiler said he went to examine the barn behind Ruley�s house, looked through the window and saw a dog and a goat in there.

"There were 30-some bags filled with bedding and feces," he said. "It looked like no one had been there. I picked them up, and they were completely rotten: the bottom fell out."

He said he was barely able to withstand the smell.

"She says she lives there, but the zoning officer said the smell is so bad that no one could live there," Beiler said. "If I wasn�t a farmer, I don�t think I could stand to be there."

Beiler also said he looked through Ruley�s window and saw numerous shelves between six and eight inches long, covered with cats.

About six neighbors showed up at Monday�s board of supervisors� meeting requesting action.

Zoning Officer Russell Yerkes performed an on-site inspection afterward and said Wednesday, he plans to give Ruley a cease-and-desist order.

"It comes down to having offensive odors that spread beyond property lines, and the outdoor storage of materials that need to be screened from view from any public right-of-way," Yerkes said. "There is a refrigerator, a van and miscellaneous debris in the front yard."

Yerkes also cited Ruley for not placing her trash inside "vermin-proof" garbage cans as part of the order.

Ruley, who works for Frazer Animal Hospital, disputes claims that she is operating an illegal animal shelter as well as the contentions about the odors emanating from her property.

"It is one neighbor who started all this," she said. "The SPCA has been out two or three times, and they never cited me. They said they couldn�t smell anything."

"No one has ever come and knocked on my door, from either my neighbors or the township; instead they do this all behind my back."

She admits her trash, filled with cat litter and feces, smells somewhat, "but what trash doesn�t smell?"

Ruley said individual cats only stay in her home for a couple of days, maximum, before they are either adopted or placed into foster care. The animals receive care at her expense for orthopedic, cardiac and other problems.

"They could be there for either a day or a week," she said. "No one is going to deny there is a slight animal smell in my house, but I keep my house clean, there (is no feces) on the floor."

She says that she and an assistant care for the animals, making sure their litter is fresh and clean, on an almost daily basis.

"In all of this, we have just been getting one side," Ruley said. "No one has talked to my vet."

Laura Paxson, a woman who works with Ruley at the animal hospital, said she has stayed overnight in Ruley�s home recently, but she claims that she could not detect any overpowering odors.

"I watched her animals when she went away to Las Vegas in August (and more recently), and I slept in the upstairs bedroom," Paxson said. "I get really allergic when there is even one cat in the room, and I can tell you that I slept fine when I was up there."

Paxson said Ruley does everything she can to keep her home sanitary in spite of the countless cats she has in her home.

"She has an extreme cat enclosure with shelving, and it is the best cat room that I have seen," she said.

"There is no poop on the floors and she uses pine litter that she changes almost every day. We scrub the litter boxes with a hose and bleach-water every other day."

Paxson said the trash is always double-bagged to prevent it from falling everywhere when it is moved.

The Chester County SPCA corroborates Ruley�s claims about her animals� treatment and about the conditions inside her home.

"It is a tough situation, and I don�t want to sound like I am not sympathetic with the neighbors� concerns," said Chester County SPCA spokesman Chuck McDevitt. "We didn�t find any instances of animal cruelty, and we are working with her to bring the number of animals down."

McDevitt said the SPCA�s inspectors found that Ruley�s place was "relatively clean" when they were inside and that the animals had received all of their proper vaccinations.

Ruley said she receives 20 bags for each time her garbage collector picks up her trash, and she cannot place the bags inside "vermin-proof" garbage cans because her trash hauler would have to remove the bags and count them.

Yerkes said how Ruley complies with the order is her problem.

"There are multiple types of trash hauling," he said.

"She could get a Dumpster. The problem lies on her end, and it can be taken care of."
Source: Daily Local News - Oct 13, 2005
Update posted on Oct 13, 2005 - 7:28PM 

References

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