The House Behind the Undergrowth
211 S. Chester Road in Swarthmore, once hidden behind undergrowth. The house is now in the conservatorship of Bastogne Development Partners. Photo: Rachel Pastan
When you drive down Chester Road in Swarthmore these days, you may notice a house you haven’t seen before — or at least not for a long while. 211 S. Chester Road has been hidden behind thick trees and overgrowth for years. In December, a great crane drove onto the property and began taking down the trees. Now, two months later, not only has the ground been more or less cleared, the house itself has been emptied. If you drive by slowly, you may see a sapling growing out of the chimney.
The brick-and-shingle, two-story house is owned by Francis Schmidt, who bought it in 1976. But in October of last year, the Borough of Swarthmore filed a petition with the Delaware County Court of Common Pleas asking that Bastogne Development Partners (BDP) be appointed conservator of the property under the 2009 Pennsylvania Conservatorship Law.
The History
The Borough of Swarthmore has been in conversation with Schmidt about the condition of 211 S. Chester Road since at least 2012, according to Borough Manager Jane Billings. At that time, the borough code enforcement officer inspected the property and determined that it was unsafe to live in. A large portion of the rear of the house had fallen off, and, among other hazards, the roof had holes in it. Schmidt made some repairs, patching up the worst of the damage.
But a few years later, neighbors complained to the borough about raccoons living in the roof of the house, as well as general overgrowth. According to Billings, concerns were raised about the possibility of fire, which, given the dwelling’s proximity to its neighbors and the density of the underbrush, might quickly spread.
The International Property Maintenance Code (IPMC), to which Swarthmore adheres, lists inadequate maintenance, dilapidation, decay, rodent harborage, and the presence of noxious weeds among a host of potential code violations. The borough repeatedly cited Schmidt for such violations. But, according to Billings, not much changed.
In 2017, the borough asked a district judge to require Schmidt to make improvements to his property. After missing a series of court dates, Schmidt was fined for being out of compliance with the IPMC Code. Still, no improvements were made.
Conservancy
Finally, in 2019, Swarthmore’s Borough Council took steps to have the property put in conservatorship. Under the 2009 law, if an owner is unable or unwilling to make improvements to a blighted or abandoned property, a municipality may ask a court to appoint a conservator, who assesses what can be done to bring the property back into compliance with the maintenance code. Under court supervision, the conservator can make improvements — or, if that is deemed impractical, may raze the building.
In October 2019, Judge Kathrynann W. Durham of the Delaware County Court of Common Pleas approved Swarthmore’s petition to appoint BDP as conservator of 211 S. Chester Road.
That did not mean that changes would come quickly. At a court hearing on December 5, Mr. Schmidt was granted time to organize his own plan for bringing the property into compliance and to remove his belongings from the house, according to Billings.
What Happens Next
Whatever happens next, Schmidt maintains ownership of the property. If BDP decides the house can be repaired, Schmidt will have the option of repaying the money spent on the project, plus a fee, and move back in.
If Schmidt chooses not to take this course, BDP can sell the house. In that case, the proceeds of the sale — minus the cost of repairs, and a fee — will go to Schmidt.
Similarly, if the house is razed and the property sold, Schmidt will receive most of the proceeds.
With court supervision at every step, putting a property into conservatorship is not an easy or a quick process. Nor is it one the borough undertakes lightly. The fact that 211 S. Chester Road sits so close to its neighbors was a significant factor in the borough’s decision to take legal action.
“It’s always a balancing act,” manager Billings says. “You can’t tell people how to live. But you can make things safe for their neighbors.”
In Court
On January 21, Schmidt and the borough were back in the Media courthouse. The extension Judge Durham had given the owner had expired, but still nothing seemed to have changed on the property, except that the ivy that had been cleared was beginning to grow back.
Representing the Borough of Swarthmore, attorney Carl Ewald asked the presiding judge, Barrie Dozer, to approve the final conservancy plan.
Schmidt, representing himself, told the judge he had misunderstood the upshot of the earlier court appearance in December. He had not realized, he said, that the continuance was intended to provide him time to make his own restoration plan. “I thought it was to get my goods out of there,” he said.
It soon became clear, however, that Schmidt still had a great deal of property in the house. “I’ve lived there for forty years,” he told the judge. “I have thousands of books, hundreds of weapons. Old rifles.”
The judge seemed sympathetic. He too was a gun collector, he said. But he signed the conservancy order.
“Have you relocated?” he asked Schmidt.
“I hip-hop between friends,” the owner replied.
With the order signed, Judge Dozer gave Schmidt until February 9 to remove anything he wanted to save from the house. “The borough has no obligation to be patient with you anymore,” the judge explained, suggesting that Schmidt ask friends and family to help him clear out the house. “You want to do your best before February 9.” After that date, the borough “can trash, give away, or take home for themselves” anything they like.
“Agreed,” Schmidt said. Then he added, “But I have a press that weighs 500 pounds.”
“We’ll work with him to move it,” Ewald told the judge.
As the homeowner turned to leave, Judge Dozer offered a few final words. “Mr. Schmidt,” he said, “you’re a gentleman. Best of luck to you.”
