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					                 PENNSYLVANIA SPCA v. SETTLE, et al.
                    COURT OF COMMON PLEAS
                    PHILADELPHIA COUNTY, PA

                          INDEX OF DOCUMENTS

                                                    Page


1.   Docket                                         PBA 001

2.   Dispositive Orders - (7/28/11)                 PBA 011

3.   Trial Exhibit P-4 (sample exhibit)             PBA 022

4.   Certificate of No Response
     (attaching affidavitsof service) - (7/20/11)   PBA 040

5.   Order (relisting hearing - 6/27/11)            PBA 050

6.   Rule to Show Cause Order - (6/21/11)           PBA 052

7.   Petition to Establish PSPCA’s Ownership
     of Certain Animals (with Civil Cover Sheet
     and attaching affidavits of Humane Society
     Police Officers) - (5/26/11)                   PBA 055

8.   Memorandum of Law (attaching forms of
     dispositive orders and certificate of
     service) - (5/26/11)                           PBA 101
                 DOCKET 





#15174021 vi 





                            PBA001
Civil Docket Report - Not an Official Document                   http://fjdefile.phlla.gov/dockets/zk_fjd-public_qry_03.21'_dktrpt_docket_...




                                                 Civil Docket Report 

          Case Description

              CaselD:       110503149
              Case Caption: THE PENNSYLVANI SOCIETY FOR THE PREVENTION OF CRUE
              Filing Date:       Thursday, May 26th, 2011
              Court:             PT - PETITIONS
              Location:          CH - City Hall
              Jury:              N - NON JURY
              Case Type:         89 - MISCELLANEOUS PETITION
              Status:            ORDRF - ORDER ENTERED - FINAL DISPOS

          Related Cases

          No related cases were found.

          Case Event Schedule

          No case events were found.

          Case motions

          No case motions were found.

          Case Parties


          I     Seq #   I ASSOC! ~~en             IType            r
          ~~~ ~~~~~~~:OR r-M~52-7--r-1M-I-LL-E-R-E-S~Q-,-J-G-R-E-G-G---
                                                                                    IName

              Address: 18TH & ARCH ST j                    Aliases: none                                             .
                       3000 TWO LOGAN
                       SQ
                       PHILADELPHIA PA
                       19103
                       (215)981-4085


                                                   PETITIONER      I@6967967 THE PENNSYLVANI SOCIETY
                                                                             FOR THE PREVENTION OF
                                                                             CRUELTY TO ANI                                       I




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                                                                                                                                      PBA002
Civil Docket Report - Not an Official Document                 http://fjdefile.phila.gov/dockets/zk_fjdyublic_qry_03.zp_dktrpt_docket_".




          IAddress:        350 E ERIE
                           AVENUE
                           PHILADELPHIA PA
                           19134
                                                 I      Aliases:   r    one



             [



             [        3[            [            !RESPONDENT       [ @6967968[

                                                        Aliases:       none
          IAddress:


             [


             [        4[            [            [RESPONDENT       [@6967969[

          IAddress:                                     Aliases:   Inone


             [




             [        51            [            [RESPONDENT       [ @6967970 [

          IAdd,ess:                                     Aliases:   Inone


          I
          I          6[             [            [RESPONDENT       [@6967971 I

          IAddress:                                     Aliases:   Inone


          I
          I          71             [            [RESPONDENT       1@69679721

         IAddress:                                      Aliases:   Inone


         I
         [           81  I         IJUDGE                          IJ358        I PANEPINTO, PAUL P

         IAddress: ROOM 292 CITY
                   HALL
                                                        Aliases:   Inone
                   PHILADELPHIA PA
                   19107
                                                                   I

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                                                                                                                  1lI15/2011 12:43 PM

                                                                                                                              PBA003
Civil Docket Report - Not an Official Document                http://fjdefile.phila.gov/ dockets/zk_fj d-yublic _qry_03.zp_ dktrpt_docket_...




                        1(215)686-7916 




          Docket Entries

              Filing                                                                   Disposition Approvall
              DatelTime
                             IDocket Type             IFiling   Party                     Amount Entry Date
                                                                                ,

              26-MAY-2011 I ACTIV - ACTIVE CASE 
                                                         27-MAY-2011
              11 :14 AM                                                                                   09:32 AM
                                                      I

                   Docket I E-Filing Number: 1105042056
                    Entry:

          I
              26-MAY-2011     CIVIP - COMMENCEMENT        MILLER ESQ, J                                   27-MAY-2011
              11:14 AM        BY PETITION                 GREGG                                           09:32 AM
                                                                                I

                   Docket I

                    Entry: none.

          I
              26-MAY-2011     MTMIS - MISCELLANEOUS       MILLER ESQ, J                                   27-MAY-2011
              11 :14 AM       MOTION                      GREGG                 .
                                                                                                          09:32 AM
                              91-11052791 PETITION TO ESTABLISH THE OWNERSHIP OF CERTAIN
                   Docket ANIMALS THAT HAVE BEEN SUBJECTED TO ANIMAL CRUELTY AND HAVE
                    Entry: BEEN ABANDONED. (FILED ON BEHALF OF THE PENNSYLVANI SOCIETY
                              FOR THE PREVENTION OF CRUELTY TO ANI.)

          I
              27-MAY-2011     MTASN - MOTION                                                              27-MAY-2011
              11 :01 AM       ASSIGNED                                                                    11:01 AM
                                                    I             I

                   Docket 
 91-11052791 MISCELLANEOUS MOTION ASSIGNED TO JUDGE: PANEPINTO,
                    Entry: PAUL P. ON DATE: MAY 27,2011

          I
              21-JUN-2011 I RLFIS - RULE ISSUED           PANEPINTO,                                      21-JUN-2011
              01:33 PM                                    PAUL P                                          01:44 PM
                                                                   I
                           91-11052791 UPON CONSIDERATION OF THE PETITION OF THE PA SOCIETY
                           FOR THE PREVENTION OF CRUELTY TO ANIMALS TO ESTABLISH THE
                           PSPCA'S OWNERSHIP OF CERTAIN ANIMALS THAT HAVE BEEN SUB ..IECTED
                           TO ANIMAL CRUELTY AND HAVE BEEN ABANDONED, IT IS HEREBY
                   Docket ORDERED AND DECREED THAT: 1. RESPONDENTS SHALL FILE AN ANSWER
                    Entry: TO THE PETITION WITHIN TWENTY (20) DAYS OF SERVICE OF THE
                           PETITION. 2. A RULE IS ISSUED UPON EACH RESPONDENT TO SHOW
                           CAUSE WHY THE RELIEF REQUESTED IN THE PETITION SHOULD NOT BE
                           GRANTED. 3. RULE RETURNABLE JULY 27,2011 AT 11:00 AM IN COURTROOM




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                                                                                                                                   PBA004
Civil Docket Report - Not an Official Docmnent                            http://fjdefile.phlla.gov/dockets/zk_fjdyublic_qry_03.zp_dktrpt_docket_...



                                        285, CITY HALL. 4. FAILURE TO APPEAR SHALL RESULT IN AN ORDER
                                        TERMINATING OWNERSHIP OF THE ANIMAL(S) IN QUESTIONS.... BY THE
                                        COURT: PANEPINTO, J. 6-17-11

          I

          ,
          I21-JUN-2011 
 ZR236 - NOTICE GIVEN                                                                      21-JUN-2011
          101:33 PM                     UNDER RULE 236                                                             03:02 PM
                                                                  I                        I
                        D:~t~: iNOTICE GIVEN ON 21-JUN-2011 OF RULE ISSUED ENTERED ON 21-JUN-2011.
          I
              21-JUN-2011 .MTHRS - MOTION                                                                          21-JUN-2011
              01 :45 PM   I HEARING SCHEDULED                     I                        I                       01:45 PM

                        Docket 191-11052791
                         Entry:


                                                                                                                   23-JUN-2011
              23-JUN-2011 I CLNGV - N01.-.IC E GIV_EN
              12:32 AM
                                            .                                              I                       12:32 AM
                                                            --~~--------~----------~---------

                        Docket I
                         Entry: none.
          -------- ..                                  -

          I
              27-JUN-2011               ORDER - ORDER                 PANEPINTO,                                   27-JUN-2011
              04:16 PM                  ENTERED/236 NOTICE            PAULP                                        04:16 PM
                                        GIVEN
                                        91-11052791 IT IS ORDERED THAT THE HEARING IN THIS MATTER LISTED
                        L __ t.._.
                        .... .  . ...
                                        FOR JULY 27,2011 HAS BEEN ADMINISTRATIVELY RELISTED TO JULY 28,
                                        2011 AT 11 :30 AM IN COURTROOM 285, CITY HALL, PHILA., PA 19107.... BY
                                        THE COURT: PANEPINTO, J. 6-23-11
          •




              27-JUN-2011               ZR236 - NOTICE GIVEN                                                       28-JUN-2011
              04:16 PM                  UNDER RULE 236                                                             09:58 AM
                        Docket NOTICE GIVEN ON 28-JUN-2011 OF ORDER ENTERED/236 NOTICE GIVEN
                         Entry: ENTERED ON 27-JUN-2011.
                                                                                       -
         I
         I 27-JUN-2011                  MTHRS - MOTION                                                             27-JUN-2011
              04:16 PM                  HEARING SCHEDULED                                                          04:16 PM
                           :ket
                         Entry:




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                                                                                                                             1lI1512011 12:43 PM

                                                                                                                                          PBA005
Civil Docket Report - Not an Official Document             http://fjdefile.phila.gov/dockets/zk_ fjdj'ublic_qry_03.zp_dktrpt_docket_...



              28-JUN-2011
              01:05 PM

                    Docket
                                AFDVT - AFFIDAVIT OF
                                SERVICE FILED
                                                       I           I
                            AFFIDAVIT OF SERVICE OF PETITION & RULE TO SHOW CAUSE ORDER
                                                                                                      28-JUN-2011
                                                                                                      01:42 PM


                            UPON                    BY POSTING OF PREMISES ON 06/25/2011
                     Entry:
                            FILED.

          I
              28-JUN-2011       AFDVT - AFFIDAVIT OF                        I                         28-JUN-2011
              01:12 PM          SERVICE FILED                                                         01:43 PM
                                                       I
                    Docket AFFIDAVIT OF SERVICE OF PETITION & RULE TO SHOW CAUSE ORDER
                     Entry: UPON                BY PERSONAL SERVICE ON 06/25/2011 FILED.

          I
              28-J U N-20 11    AFDVT - AFFIDAVIT OF                                                  28-JUN-2011
              01 :15 PM         SERVICE FILED                                                         01:43 PM
                                                   I               I
                            AFFIDAVIT OF SERVICE OF PETITION & RULE TO SHOW CAUSE ORDER
                    Docket
                            UPON                        BY POSTING OF PREMISES ON 06/27/2011
                     Entry:
                            FILED.

          I
              28-JUN-2011       AFDVT - AFFIDAVIT OF                                                 28-JUN-2011
              01:17PM           SERVICE FILED                                                        01:45 PM
                                                       I                    I
                    Docket AFFIDAVIT OF SERVICE OF PETITION & RULE TO SHOW CAUSE ORDER
                     Entry: UPON                BY POSTING OF PREMISES ON 06/25/2011 FILED.

          I
              28-J U N-20 11    AFDVT - AFFIDAVIT OF                                                 28-JUN-2011
              01:21 PM          SERVICE FILED                                                        01:58 PM
                                                    I              I
                            AFFIDAVIT OF SERVICE OF PETITION & RULE TO SHOW CAUSE ORDER
                    Docket
                            UPON                        BY PERSONAL SERVICE ON 06/24/2011
                     Entry:
                            FILED.

          I
              29-JUN-2011 I CLNGV - NOTICE GIVEN                                                     29-JUN-2011
              12:32 AM                                                                               12:32 AM
                                                       I                    I

                    Docket I

                     Entry: none.

         I
             30-JUN-2011       AFDVT - AFFIDAVIT OF                                                  30-JUN-2011
             11:54 AM          SERVICE FILED                                                         01:04 PM
                                                    I               I
                    Docket  AFFIDAVIT OF SERVICE OF PETITION & RULE TO SHOW CAUSE ORDER
                            UPON                      BY POSTING OF PREMISES ON 06/25/2011
                     Entry:
                            FILED.




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                                                                                                                11/1512011 12:43 PM

                                                                                                                             PBA006
Civil Docket Report - Not an Official Document                http://fjdefile.phila.gov/dockets/zk_fjdjJublic_qry_03.zp_ dktrpt_docket_...




          I
              30-JUN-2011     AFDVT - AFFIDAVIT OF                                                       30-JUN-2011
              12:05 PM        SERVICE FILED                                                              01:04 PM
                                                      I                        I
                           AFFIDAVIT OF SERVICE OF PETITION & RULE TO SHOW CAUSE ORDER
                   Docket
                           UPON                        BY POSTING OF PREMISES ON 06/27/2011
                    Entry:
                           FILED.

          I
              30-JUN-2011     AFDVT - AFFIDAVIT OF                                                       30-JUN-2011
              12:18 PM        SERVICE FILED                                                              01:04 PM
                                                      I                        I
                   Docket AFFIDAVIT OF SERVICE OF PETITION & RULE TO SHOW CAUSE ORDER
                    Entry: UPON                BY POSTING OF PREMISES ON 06/25/2011 FILED.

          I
              06-JUL-2011     AFDVT - AFFIDAVIT OF        MILLER ESQ, J                                  06-JUL-2011
              01:19PM         SERVICE FILED               GREGG                                          01:20 PM
                                                                               I
                              AFFIDAVIT OF SERVICE OF PETITION ACTION UPON
                   Docket
                                                  BY CERTIFIED MAIL ON 06/28/2011 FILED. (FILED
                    Entry:
                              ON BEHALF OF THE PENNSYLVANI SOCIETY FOR THE PREVENTION OF
                              CRUELTY TO ANI)

          I
              20-JUL-2011     REPLM ­                     MILLER ESQ, J                                 20-JUL-2011
              09:31 AM        MOTION/PETITION REPLY       GREGG                                         09:40 AM
                              FILED
                           91-11052791 REPLY IN SUPPORT OF MISCELLANEOUS MOTION FILED.
                   Docket
                           (FILED ON BEHALF OF THE PENNSYLVANI SOCIETY FOR THE PREVENTION
                    Entry:
                           OF CRUELTY TO ANI)

         I
              02-AUG-2011 ORDRF-ORDER                     PANEPINTO,                                    02-AUG-2011
              12:15PM     ENTERED - FINAL DISPOS          PAUL P                                        12:15 PM
                                                                               I
                           91-11052791 AFTER A HEARING AND NO APPEARANCE BY OFT AND UPON
                           CONSIDERATION OF THE PETITION OF THE PSPCA TO ESTABLISH THE
                           PSPCA'S OWNERSHIP OF CERTAIN ANIMALS THAT HAVE BEEN SUB,JECTED
                           TO ANIMAL CRUELTY AND HAVE BEEN ABANDONED, NO RESPONSE
                           THERETO AND AFTER A HEARING HELD, IT IS HEREBY ORDERED AND
                           DECREED THAT THE PETITION IS GRANTED. THE COURT FINDS THAT THE
                   Docket
                           CAT IDENTIFIED AS A11194268 SEIZED FROM THE PROPERTY LOCATED AT
                    Entry:
                                                            IS DEEMED ABANDONED, AND ALL
                           RIGHTS AND INTEREST OF RESPONDENT,                      OR ANY
                           INDIVIDUAL OR ENTITY CLAIMING UNDER OR THROUGH SUCH
                           RESPONDENT, IN THE ABOVE LISTED ANIMAL ARE HEREBY FOREFEITED;
                           AND ALL RIGHTS AND INTEREST IN SUCH ANIMAL ARE TRANSFERRED TO
                           THE PSPCA. THE PAPCA MAY EXERCISE CUSTODY AND OWNERSHIP OF


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                                                                                                                   1111512011 12:43 PM

                                                                                                                                PBA007
Civil Docket Report - Not an Official Docwnent                                          http://fjdefile.phila.gov/ dockets!zk_ fj d---'public_ qry_ 03.zp_ dktrpt_docket_ ...




                                   SAID ANIMAL AND DISPOSE OF IT AS IT DEEMS FIT, WITHOUT ANY
                                   RECOURSE FROM                         OR ANY INDIVIDUAL OR ENTITY
                                   CLAIMING UNDER OR THROUGH THE RESPONDENT, WHOSE RIGHTS IN
                                   SAID ANIMAL ARE TERMINATED .... BY THE COURT: PANEPINTO, J. 7/28/11


           02-AUG-2011 ZR236 - NOTICE GIVEN                                                                                             03-AUG-2011
           12:15 PM    UNDER RULE 236                                                                                                   09:39 AM

                    Docket NOTICE GIVEN ON 03-AUG-2011 OF ORDER ENTERED - FINAL DISPOS
                     Entry: ENTERED ON 02-AUG-2011.


           02-AUG-2011 ORDER - ORDER                                            PANEPINTO,                                              02-AUG-2011
           12:16 PM    ENTERED/236 NOTICE                                       PAUL P                                                  12:00 AM
                       GIVEN
                             AFTER A HEARING AND NO APPEARANCE BY DFT AND UPON
                             CONSIDERATION OF THE PETITION OF THE PSPCA TO ESTABLISH THE
                             PSPCA'S OWNERSHIP OF CERTAIN ANIMALS THAT HAVE BEEN SUBJECTED
                             TO ANIMAL CRUELTY AND HAVE BEEN ABANDONED, NO RESPONSE
                             THERETO AND AFTER A HEARING HELD, IT IS HEREBY ORDERED AND
                             DECREED THAT THE PETITION IS GRANTED. THE COURT FINDS THAT THE
                             DOG IDENTIFIED AS A12293757 SEIZED FROM THE PROPERTY LOCATED AT
                                                             IS DEEMED ABANDONED, AND ALL
                    DEoctket RIGHTS AND INTEREST OF RESPONDENT,                              OR
                      n ry: ANY INDIVIDUAL OR ENTITY CLAIMING UNDER OR THROUGH SUCH
                             RESPONDENT, IN THE ABOVE LISTED ANIMAL ARE HEREBY FOREFEITED;
                             AND ALL RIGHTS AND INTEREST IN SUCH ANIMAL ARE TRANSFERRED TO
                             THE PSPCA. THE PAPCA MAY EXERCISE CUSTODY AND OWNERSHIP OF
                             SAID ANIMAL AND DISPOSE OF IT AS IT DEEMS FIT, WITHOUT ANY
                             RECOURSE FROM                            OR ANY INDIVIDUAL OR ENTITY
                             CLAIMING UNDER OR THROUGH THE RESPONDENT, WHOSE RIGHTS IN
                             SAID ANIMAL ARE TERMINATED .... BY THE COURT: PANEPINTO, J. 7/28/11


          02-AUG-2011 ORDER - ORDER                                             PANEPINTO,                                             02-AUG-2011
          12:16 PM    ENTERED/236 NOTICE                                        PAUL P                                                 12:00 AM
                      GIVEN
          ---_._._._._._----_._.                           ...._._._._._. __._----'----------_._.__._.__._.__....._._-_..._ _._._.-._-_..­
                                   -.------.-.--.-.-------.~--.---.--.--.-.-.---.-----.-._._._                             ....
                           AFTER A HEARING AND NO APPEARANCE BY DFT AND UPON
                           CONSIDERATION OF THE PETITION OF THE PSPCA TO ESTABLISH THE
                           PSPCA'S OWNERSHIP OF CERTAIN ANIMALS THAT HAVE BEEN SUBJECTED
                           TO ANIMAL CRUELTY AND HAVE BEEN ABANDONED, NO RESPONSE
                   Docket THERETO AND AFTER A HEARING HELD, IT IS HEREBY ORDERED AND
                         . DECREED THAT THE PETITION IS GRANTED. THE COURT FINDS THAT THE
                    Entry. DOG IDENTIFIED AS A10839851 AND THE SNAKE IDENTIFIED AS A18039855
                           SEIZED FROM THE PROPERTY LOCATED AT
                                     IS DEEMED ABANDONED, AND ALL RIGHTS AND INTEREST OF
                           RESPONDENT,                  OR ANY INDIVIDUAL OR ENTITY CLAIMING



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                                                                                                                                                                  PBA008
Civil Docket Report - Not an Official Docwnent



                              UNDER OR THROUGH SUCH RESPONDENT, IN THE ABOVE LISTED ANIMAL
                              ARE HEREBY FOREFEITED; AND ALL RIGHTS AND INTEREST IN SUCH
                              ANIMAL ARE TRANSFERRED TO THE PSPCA. THE PAPCA MAY EXERCISE
                               CUSTODY AND OWNERSHIP OF SAID ANIMAL AND DISPOSE OF IT AS IT
                               DEEMS FIT, WITHOUT ANY RECOURSE FROM                   OR ANY
                               INDIVIDUAL OR ENTITY CLAIMING UNDER OR THROUGH THE RESPONDENT,
                              WHOSE RIGHTS IN SAID ANIMAL ARE TERMINATED .... BY THE COURT:
                             I PANEPINTO, J. 7/28/11 


           02-AUG-2011 ORDER - ORDER                PANEPINTO,                    02-AUG-2011
           12:16 PM    ENTERED/236 NOTICE           PAUL P                        12:00 AM
                       GIVEN
                            AFTER A HEARING AND NO APPEARANCE BY DFT AND UPON
                            CONSIDERATION OF THE PETITION OF THE PSPCA TO ESTABLISH THE
                            PSPCA'S OWNERSHIP OF CERTAIN ANIMALS THAT HAVE BEEN SUBJECTED
                            TO ANIMAL CRUELTY AND HAVE BEEN ABANDONED, NO RESPONSE
                            THERETO AND AFTER A HEARING HELD, IT IS HEREBY ORDERED AND
                            DECREED THAT THE PETITION IS GRANTED. THE COURT FINDS THAT THE
                            DOG IDENTIFIED AS A12665778 SEIZED FROM THE PROPERTY LOCATED AT
                                                             IS DEEMED ABANDONED, AND ALL
                   DEoctket RIGHTS AND INTEREST OF RESPONDENT,                      OR ANY
                     n ry: INDIVIDUAL OR ENTITY CLAIMING UNDER OR THROUGH SUCH
                            RESPONDENT, IN THE ABOVE LISTED ANIMAL ARE HEREBY FOREFEITED;
                            AND ALL RIGHTS AND INTEREST IN SUCH ANIMAL ARE TRANSFERRED TO
                            THE PSPCA. THE PAPCA MAY EXERCISE CUSTODY AND OWNERSHIP OF
                            SAID ANIMAL AND DISPOSE OF IT AS IT DEEMS FIT, WITHOUT ANY
                            RECOURSE FROM                      OR ANY INDIVIDUAL OR ENTITY
                            CLAIMING UNDER OR THROUGH THE RESPONDENT, WHOSE RIGHTS IN
                            SAID ANIMAL ARE TERMINATED .... BY THE COURT: PANEPINTO, J. 7/28/11


          02-AUG-2011 ZR236 - NOTICE GIVEN                                        03-AUG-2011
          12:16 PM    UNDER RULE 236                                              09:39AM
                  Docket I NOTICE GIVEN ON 03-AUG-2011 OF ORDER ENTERED/236 NOTICE GIVEN
                   Entry: ENTERED ON 02-AUG-2011. 



          02-AUG-2011 ORDER - ORDER                 PANEPINTO,                    02-AUG-2011
          12:23 PM    ENTERED/236 NOTICE            PAUL P                        12:00 AM
                      GIVEN

                           AFTER A HEARING AND NO APPEARANCE BY DFT, AND UPON
                           CONSIDERATION OF THE PETITION OF THE PSPCA TO ESTABLISH THE
                  Docket PSPCA'S OWNERSHIP OF CERTAIN ANIMALS THAT HAVE BEEN SUBJECTED
                   Entry­ TO ANIMAL CRUELTY AND HAVE BEEN ABANDONED, NO RESPONSE
                         - THERETO, AND AFTER A HEARING HELD THEREON, IT IS HEREBY
                           ORDERED AND DECREED THAT THE PETITION IS GRANTED, AND IT IS



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                                                                                        1lI1S/2011 12:43 PM

                                                                                                   PBA009
Civil Docket Report - Not an Official Document           http://fjdefile.phila.gov/dockets/zk_fjdyublic_qrL03.zp_dktrpt_docket_...



                              FURTHER ORDERED THAT: THIS COURT FINDS THAT THE TWO CATS
                              IDENTIFIED AS A11276507 AND A11276509 SEIZED FROM THE PROPERTY
                              LOCATED AT                                     ARE DEEMED
                              ABANDONED, AND ALL RIGHTS AND INTEREST OF RESPONDENT,
                                                OR ANY INDIVIDUAL OR ENTITY CLAIMING UNDER OR
                              THROUGH SUCH RESPONDENT, IN THE ABOVE LISTED ANIMALS ARE
                              HEREBY FORFEITED; AND ALL RIGHTS AND INTEREST IN SUCH ANIMALS
                              ARE TRANSFERRED TO THE PSPCA. THE PSPCA MAY EXERCISE CUSTODY
                              AND OWNERSHIP OF SAID ANIMALS AND DISPOSE OF THEM AS IT DEEMS
                             .FIT, WITHOUT ANY RECOURSE FROM                            OR ANY
                              INDIVIDUAL OR ENTITY CLAIMING UNDER OR THROUGH THE RESPONDENT,
                              WHOSE RIGHTS IN SAID ANIMALS ARE TERMINATED .... BY THE COURT:
                              PANEPINTO, J. 7/28/11


           02-AUG-2011 ZR236 - NOTICE GIVEN                                                       03-AUG-2011
           12:23 PM    UNDER RULE 236                                                             09:45AM
                   Docket NOTICE GIVEN ON 03-AUG-2011 OF ORDER ENTERED/236 NOTICE GIVEN
                    Entry: ENTERED ON 02-AUG-2011.




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                                                                                                            IIIlS/20ll 12:43 PM

                                                                                                                        PBA010
               DISPOSITIVE ORDERS (7/28/11) 





#15174021 vI




                                                PBA011
           J. Gregg Miller, Esquire
           Attorney 1.0. Number 04527
                                                          Tho """"')!!voN SOCiety For The PreventiOfl O-ORDER
           Linda J. Casey, Esquire
           Attorney 1.0. Number 83611
           Pepper Hamilton LLP
           3000 Two Logan Square
           18th and Arch Streets
                                                         ~II////II/I /IIWII/II "~
                                                                   11050314900025
           Philadelphia, Pennsylvania 19103-2799
           (215) 981-4085                                                                Attorneys for Petitioner



                                      COURT OF COMMON PLEAS 

                                 PIDLADELPIDA COUNTY, PENNSYLVANIA 

                                       FIRST JUDICIAL DISTRICT 
                                                       OQCKETED
                                                                                                                       ~02 10"
          THE PENNSYLVANIA SOCIETY FOR THE
          PREVENTION OF CRUELTY TO ANIMALS                                                                               K PERMSAP
                                                                                                                    CIVILADMtNISTRATIO'"
          350 E. Erie Avenue
          Philadelphia, P A 19134                                                        CIVIL ACTION

                                 Petitioner

                           vs.




                                 Respondent


                                                           ORDER

                           AND NOW, this      [).t:o*'   dayof           ;50'1
          the Petition of The Pennsylvania Society for the Prevention of Cruelty to Animals ("PSPCA") to

          Establish the PSPCA' s Ownership of Certain Animals that have been Subjected to Animal

          Cruelty and have been Abandoned (the "Petition"), no response thereto and after a hearing held

          thereon, it is hereby ORDERED and DECREED that the Petition is GRANTED, and it is further

          ORDERED that:



          # 14300652 v I


COPIES SENT PURSUANT TO Pa.R.C.P. 236(b) K. PERMSAP 08/0312011



                                                                                                                                      PBA012
                 1.     This Court finds that the dog identified as AI0839851 and the snake

 identified as Al8039855 seized from the property located at

                are deemed abandoned, and all rights and interest of Respondent,                     or

 any individual or entity claiming under or through such Respondent, in the above listed animals

 are hereby forfeited; and all rights and interest in such animals are transferred to the

 Pennsylvania SPCA.

                2.      The Pennsylvania SPCA may exercise custody and ownership of said

 animals and dispose ofthem as it deems fit, without any recourse from                      or any

 individual or entity claiming under or through the Respondent, whose rights in said animals are

 terminated.


                                                       BY THE COURT:                   )


                                                           7A~K




                                                 -2­
11143006S2 vI




                                                                                                          PBA013
          J. Gregg Miller, Esquire
          Attorney LD. Number 04527            The Pemsytvani Society For The PreVention o-ORDRF


          Linda J. Casey, Esquire
          Attorney J.D. Number 83611
          Pepper Hamilton LLP
          3000 Two Logan Square
                                              111111111\\11 49Q()023
                                                        11050
                                                                              IIlllllIIII
          18th and Arch Streets
          Philadelphia, Pennsylvania 19103-2799
          (215) 981-4085                                                              Attorneys for Petitioner



                                          COURT OF COMMON PLEAS 

                                     PHILADELPIDA COUNTY, PENNSYLVANIA 

                                           FIRST JUDICIAL DISTRICT 

                                                                                                                 DOCKETED
                                                                                                                 AUG 02 ?{In
          THE PENNSYLVANIA SOCIETY FOR THE
          PREVENTION OF CRUELTY TO ANIMALS                                                                     K. PEAIlASAP
          350 E. Erie Avenue                                                                              e.VILAOMINISTRATIO.,
          Philadelphia, PA 19134                                                 CIVIL ACTION

                                    Petitioner

                           vs.




                                    Respondent

                                                                                                  ~Q..~':               ~~
                                                              ORDER
                                                                                                  ~~"'~ ~~~. ().'V\~
                           AND NOW, this         Fl!D*'- day of       :5v\1                 20 11 ~upon consideration of

          the Petition of The Pennsylvania Society for the Prevention of Cruelty to Animals ("PSPCA") to

          Establish the PSPCA's Ownership of Certain Animals that have been Subjected to Animal

          Cruelty and have been Abandoned (the "Petition"), no response thereto and after a hearing held

          thereon, it is hereby ORDERED and DECREED that the Petition is GRANTED. and it is further

          ORDERED that:



         #14300631 vI


COPIES SENT PURSUANT TO PaRC,P. 236(b) K. PERMSAP 08/03/2011



                                                                                                                                 PBA014
                 1.      This Court finds that the cat identified as Al 1194268 seized from the

  property located at                                                   is deemed abandoned, and

  all rights and interest of Respondent,                   or any individual or entity claiming

  under or through such Respondent, in the above listed animal are hereby forfeited; and all rights

  and interest in such animal are transferred to the Pennsylvania SPCA.

                 2.      The Pennsylvania SPCA may exercise custody and ownership of said

 animal and dispose of it as it deems fit, without any recourse from                     or any

 individual or entity claiming under or through the Respondent, whose rights in said animal are

 terminated.




                                                -2­
1114300631 vI




                                                                                                      PBA015
           J. Gregg Miller, Esquire
           Attorney 1.0. Number 04527          The Penn,ytyoni Sooety For The Pr.""ntion Q-ORDER

           Linda J. Casey, Esquire
           Attorney to. Number 83611
           Pepper Hamilton LLP                111111111111 1111111111111111111
           3000 Two Logan Square                         11050314900024
           18th and Arch Streets
           Philadelphia, Pennsylvania 19103·2799
           (215) 981-4085                                                                Attorneys for Petitioner



                                            COURT OF COMMON PLEAS
                                      'pmLADELPHIA COUNTY, PENNSYLVANIA
                                            FIRST JUDICIAL DISTRICT                                           DOCKETED
                                                                                                               AUG 02 70 1 1
           THE PENNSYLVANIA SOCIETY FOR THE
           PREVENTION OF CRUELTY TO ANIMALS
                                                                                                              K.PERMSAP ,
                                                                                                         ClVILADMINlSTAATJOJ"
           350 E. Erie Avenue
           Philadelphia, PA 19134                                                  CIVIL ACTION

                                      Petitioner

                             vs.




                                      Respondent

                                                                                                      I\~       0..   ~~ <t-    Y\D
                                                                ORDER                                 o~~~ ~~o.~
                            AND NOW, this          a<o~      day of      d0\i                 2011!'upon consideration of

           the Petition of The Pennsylvania Society for the Prevention of Cruelty to Animals ("PSPCA',) to

          Establish the PSPCA's Ownership of Certain Animals that have been Subjected to Animal

          Cruelty and have been Abandoned (the "Petition''), no response thereto and after a hearing held

          thereon, it is hereby ORDERED and DECREED that the Petition is GRANTED, and it is further

          ORDERED that:


          11)4300592 vI

COPIES SENT PURSUANT TO Pa.R.CP. 236(b) K. PEF~MSAP 08/03/2011



                                                                                                                                      PBA016
                 1.      This Court finds that the dog identified as A12293757 seized from the

  property located at                                                  , is deemed abandoned, and all

  rights and interest of Respondent,                       or any individual or entity claiming

  under or through such Respondent, in the above listed animal are hereby forfeited; and all rights

 and interest in such animal are transferred to the Pennsylvania SPCA.

                 2.     The Pennsylvania SPCA may exercise custody and ownership of said

 animal and dispose of it as it deems fit, without any recourse from                         or any

 individual or entity claiming under or through the Respondent, whose rights in said animal are

 terminated.




                                                -2­
#143OOS92 vl




                                                                                                        PBA017
       ·.
             J. Gregg Miller, Esquire              The PeMS;Mini SOciety For The Pr......ion o-OROER

             Attorney J.D. Number 04527 

             Linda J. Casey, Esquire 

             Attorney J.D. Number 83611 

             Pepper Hamilton LLP
                                                  11111111111111                    11111111111
                                                            110503Hl!ol lJlJULI 

                                                                               l


             3000 Two Logan Square 

             18th and Arch Streets 

             Philadelphia, Pennsylvania 19103-2799 

             (215) 981-4085                                                             Attorneys for Petitioner



                                            COURT OF COMMON PLEAS 

                                       PHILADELPHIA COUNTY, PENNSYLVANIA 

                                             FIRST JUDICIAL DISTRICT 

                                                                                                                   DOCKETED
             THE PENNSYLVANIA SOCIETY FOR THE                                                                      AUG 02 70 1J
             PREVENTION OF CRUELTY TO ANIMALS                                                                      KPEAUSAP
             350 E. Erie Avenue                                                                               CIV'l AOMfNISTRATJOf\
             Philadelphia, PA 19134                                                CIVIL ACTION

                                       Petitioner

                              vs.




                                       Respondent

                                                                                                    ~ 0\. ~~5 ~ t-J>o
                                                                ORDER                               Q.~"'tQ... 1Cq~. o.~o.,
                              AND NOW, this         a(t}"" day of        :5u'1                2011,\pon consideration of

            the Petition of The Pennsylvania Society for the Prevention of Cruelty to Animals ("PSPCA") to

            Establish the PSPCA's Ownership of Certain Animals that have been Subjected to Animal

            Cruelty and have been Abandoned (the "Petition"), no response thereto and after a hearing held

            thereon, it is hereby ORDERED and DECREED that the Petition is GRANTED, and it is further

            ORDERED that:



            1114300502 vI

COPIES SENT PURSUANT TO Pa.R.C.P. 236(b} K, PERMSAP 08/03/2011



                                                                                                                                      PBA018
., 





                        1.     This Court finds that the two cats identified as Al1276507 and

        Al1276509 seized from the property located at

                       are deemed abandoned, and all rights and interest of Respondent,

                       or any individual or entity claiming under or through such Respondent, in the

        above listed animal(s} are hereby forfeited; and all rights and interest in such anima1(s} are

        transferred to the Pennsylvania SPCA.

                       2.      The Pennsylvania SPCA may exercise custody and ownership of said

        animal(s} and dispose of them as it deems fit, without any recourse from                         or

        any individual or entity claiming under or through the Respondent, whose rights in said

        animal(s} are terminated.




                                                        -2­
       1#14300502 vi




                                                                                                              PBA019
          J. Gregg Miller, Esquire
          Attorney J.D. Number 04527          The Pennsylvani SocioOy For The Provmion o-ORDER


          Linda J. Casey, Esquire

                                                      ~"IIIIIIII            1IIIIm
          Attorney J.D. Number 83611
          Pepper Hamilton LLP
          3000 Two Logan Square                        11              4900026
          18th and Arch Streets
          Philadelphia, Pennsylvania 19103-2799
          (215) 981-4085                                                              Attorneys for Petitioner



                                          COURT OF COMMON PLEAS
                                     pmLADELPHIA COUNTY, PENNSYLVANIA
                                          FIRST JUDICIAL DISTRICT


          THE PENNSYLVANIA SOCIETY FOR THE
          PREVENTION OF CRUELTY TO ANIMALS
          350 E. Erie Avenue
          Philadelphia, PA 19134                                                 CIVIL ACTION

                                    Petitioner

                           vs.




                                    Respondent


                                                              ORDER

                           AND NOW, this         :J?:;*' day of ;s,)\y
          the Petition of The Pennsylvania Society for the Prevention of Cruelty to Animals ("PSPCA") to

          Establish the PSPCA's Ownership of Certain Animals that have been Subjected to Animal

          Cruelty and have been Abandoned (the "Petition"), no response thereto and after a hearing held

          thereon, it is hereby ORDERED and DECREED that the Petition is GRANTED, and it is further

          ORDERED that:



         1114300468 vi


COPIES SENT PURSUANT TO Pa.RC'p. 236(b) K. PERMSAP 08/03/2011



                                                                                                                 PBA020
                1.      This Court finds that the dog identified as A12665778 seized from the

 property located at                                                        , is deemed

 abandoned, and all rights and interest of Respondent,                   or any individual or entity

 claiming under or through such Respondent, in the above listed animal are hereby forfeited; and

 all rights and interest in such animal are transferred to the Pennsylvania SPCA.

                2.     The Pennsylvania SPCA may exercise custody and ownership of said

 animal and dispose of it as it deems fit, without any recourse from                 or any

 individual or entity claiming under or through the Respondent, whose rights in said animal are

 tenninated.




                                                -2­
1114300468 vI




                                                                                                       PBA021
               TRIAL EXHIBIT P-4 





#15174021 vI




                                     PBA022
                                             A!i'FIDAVIT
                                         being duly swom according to law, deposes and
                says that:

                        1. 	   Your Affiant is                  a duly qualified an.d
                               authorized Humane Society Police Officer who has been
                               appointed and/or is employed by the Pennsylvania SPCA
                               350 E. Erie Ave. Philadelphia.. PA 19134, to investigate
                               and prosecute complaints of animal abuse and cruelty in
                               Philadelphia County. Pennsylvania

                        2. 	   I have been inve:stigating animal abu51e cases since June
                               2008 as a humane society police officer. 1 bave investigated
                               approximately 2000 cases individually and assisted other
                               bumane investigators in approximately 500 additional
                               cases.

                        3. 	   On August 19th " 2010, at approximately 3:33PM Your
                               Affiant responded to a complaint of a cat left abandoned
                               inside ofthe property


                        4. 	    On August J§h 2010, at approximatciy 3 :33PM Your
                               affi.ant conducted an investigation at
                                                                    I knocked loudly at the
                                front door and there was no response. There was a strong
                               odor of cat urine at the front door. At the bottom of the
                                front door your affiant observed multiple piece!; of cat feces
                               protruding from under the door. There was a large amount
                               of mail visible in plainsite from a paliially open mailbox to
                               the right of theftonl door. This affiant heard sound of a cat
                               crying loudly from inside of the house. This affiant
                               interviewed a next door neighbor that stated that the
                               property owner has not been seen coming to the property in
                               several days.

                       6. 	    Based upon your affiant's investigation and training, r
                               believed the C<l.t to be in lUt."anitary conditions, and to be
                               neglected and deprived ofnecessary food and water in
                               violation of Title IS, Section 5511(c) ofPA anti-cruelty
                               law.

                       7,      On August J9th 2010, at approximatelv 8:00PM your
                               affiant                  0 btained   a searc-h warrant for the
                               above property. a two floor semi-detached masoruy house
     EXHIBIT

I ?-Lf 

f'lAY-09-2011     17: 12
                                                                                                 D   ni
                                                                                                          PBA023
       with rear yard, at                                       

                             


 8.    On August 19th 2010. at approximately 8:30P:'v1 your
       affiant executed search warrant #000126 at the above
       location. No one is home at this time. 1l1email has been
       removed from mailbox. Neighbor Rita Bailey stated that
       resident known as             left a couple weeks ago and has
       not been seen since. This affiant made entry into the
       property througJl a rear window. {nsiele of property is
       covered in debris and cat feces. The living room ceiling and
       fan have fallen from the ceiling onto the fIoor of the first
       floor level. There is ca.t feces loose on the floor of all rooms
       on the first floor ofthc house. There is a deceased cat on
       the front room floor with maggots on it. There are two live
       cats in emaciated condition covered in fleas in the living
      room that this affiant contained to be removed. On the
      second floor there was cat feces spread across the floor of
      ali rooms. There is one back room that wa::; recently
      painted. There is one deceased cat in the second floor front
      room. The basement is covered in cat feces. There is no
      food or water present in the property for the cats to access.
      The house is diRapidated, falling apart and unsanitary.
      License and Inspections Inspector Ai McCarthy arrived on
      scene and observed the conditions. He stated tomorrow the
      house will be posted unfit for habitation. A neighbor stated
      Karen and                             are the residents and that
      it is believed          may be in Friends Hospital. I
      removed maj] c.l1d photographs for                            and
      Water bill and mortgage statement tor

9.    On August 3 Jst a certified letter of abandonment was sent
      to the above address nOilfying the animal OWl1er that the
      Pennsylvania SPCA had removed two cats and that they
      must contact the Pennsylvania SPCA within 10 days or the
      animal will be regarded as abandoned. The trackinrr
                                  .
      number was ;'i70lO 0780 0002 32344953.
                                                       '"
                        th
10.   On September J 5 2010 the certified letter of abandonment
      your affiant sent was returned to the PSPCA marked as
      unclaimed.

                        h
IL    On September 1t 2010 at approximately 12:17PM your
      affiant conducted a follow up investigation at the above
      address. This <lJfiant knocked loudly at the from door and
      there was no response. There was a-very large




                                                                          PBA024
                                 accumulation of mail in the mailbox. I attetnpte.d to
                                 question next door neighbors and there was no response. I
                                 left my business card in the neighbor's door with note to
                                 contact your affiant.

                         12. 	   On September 1ill 20 lOIn an. attempt to locate owner I
                                 contacted Friend's Hospital by telephone and was infonned
                                 there had not been any patients treated at the facility named




                         13. 	   On January 14'h 2011 at approximately 3:09PM your affiant
                                 conducted a follow up investigation at the above address.
                                 This affiant knocked loudly at the front door and there was
                                 no respolls£'. There was a very large accumulation of mail
                                 in a hag hanging from the front doorknob. I attempted to
                                 question next door neighbors and there was nO response.
                                 Conditions at the propelty appear to be in the same
                                 condition as when the warrant was executed.

                         14. 	   Through August 19th 2010 to May 9th 2011 no contact has
                                 been made by the animal owner/caretaker. Your affiant
                                 made several attempts to contact animal owner/caretaker
                                 and they were a.ll unsuccessful.

                         15. 	   The Pennsylvania SPCA ha.s had continuous custody of
                                 these t...vo cats since they were removed by search warrant
                                 on August 19 2010. It has expended significant time~
                                                  th

                                 effort and funds to care for these two cats.

                         1G. 	   The Pennsylvania SPCA requests clear title and ownership
                                 of these two animals (Cat- ID IfA 11276507 & Cat
                                 TD#A11276509)and a termination of any right title and
                                 interest that th~: fonner owner had in the cats.

                        17. 	    The forfeiture of these animals is proper and will not affect
                                 the disposition of any pending citations except as to cut off
                                 any restitution claim as of the date ofthe forfeiture.


                  Dated: May 9th, 2011 8y:_---J~.I_..r_¥--::.,.....),_~_---
                                             GREG               N, H.S.P.O.
                                             Badge inU) Pennsylvania SPCA




   MAY-09-2011
'un 	   Ii   Dr
                    17:13
                                                                                     98>; 	      P   IAA
                                                                                                           PBA025
PBA026
PBA027
PBA028
PBA029
PBA030
PBA031
PBA032
PBA033
PBA034
PBA035
                                                                     4844545415 »                                    p 2/2
2011-06-27 11:55                       keystone


         Medical Exam Findings

        . Case #COO6S276!l

         Animal # • A11276S07 ItSpencer"

         Signalment: Adult male, Domestic Shorthlilir mix

         Findines: Upon ex~mination, this animal presented i$ brlsht/ alert and responsiVe with an emacIated
         body condition. He had no ocular discharge. There was a large amount of black debris in both ears, His
         teeth were free from excessive tartar and the was no gingivitis present. All of his lymph nodes were
         normal size. His heart had a regular rhythm with no murmur detected. He also had strong femoral
         pulses. His lung sounds were dear and his trachea was clear from any obstruction. He was able to
         ambulate on all four limbs. His abdomen was slightlv distended, possibly indicating intestinal parasites.
         His external genitalia appeared normal. He was infested with fleas. His neurologic exam showed 1'10
         apparent abnormalities.

         Summary of Findings: Adult male with the following abnormalities,

             •   Emaciated (BCS 1/9)
             •   Copious bllck debris AU (Possible tar mites.)
             •   Distended abdomen (PossIble Intestinal parasites)
             • Severe flea infestation




        Kristen Nau. VMD
        Pennsylvania SPCA
        350 E. Erie Avenue
        Phfladelphia, PA 19134




                                                                                                                             PBA036
                                                                                                                     p   1/2
                                     keystone                      4844545415 »
2011-06-27 11:55


         Medica. Exam Findinp


         Animal It • A11276509 "Heidi"

         Sisnalment: Adult female, Domestic Shorthair mil<

         Findings: Upon examination, this animal presented as bright, alert and responsive With an emaciated
         body condition. She had no ocular discharge. There was a large amount of black debris in both eel'$, Her
         teeth were free from elCCflsslve tartar and the Wc.IS no gingivitIs present. All of her lymph nodes were
         normal size. Her heart had a regular rhythm with no murmur detected. She also had strong femoral
         pulses. Her lune sounds we~ clear and her trachea was clear from any obstruction. She was able to
         ambulate on all four limbs. Her abdomen was slightly distended, possibly indicating intestinal parasites.
         Her external genitalia appe~red normal. Her hair coat was thin end dirty and she was infested with fleas.
         His neurologic exam showed no apparent abnormalities.

         Summary of rindings: Adult mali with the following abnormalities,

            •    Emaciated (Sa 1/9)
            •   Copious black debris AU (Possible ear mites)
            •   Distended abdomen (Possible intestinal parasites)
            •   severe ffea Infestatlon~ dirty Qull haircoat




        Kristen Nau, VMD
        Pennsylvania SPCA
        350 E. Erie Avenue
        Philadelphia, PA 19134




                                                                                                                               PBA037
AnimallD: Al1276509 "Heidi"

Signalment: 3 - 5 year old female, Domestic Shorthair Mix

Intake Date: 08/19/2010

Release Date: TBD

Removed From:

Days in Protective Custody: 276




                                               Quantity           Price            Total
                                                                                             I

Initial Physical Exam                              1             $30.00           $30.00

Annual FVRCP Vaccine                               1             $25.00           $25.00

Annual Rabies Vaccine                              1             $15.00           $15.00

Monthly Dose Advantage/Vectra                      2             $15.00           $30.00

Pyrantel Dewormer                                  2             $10.00           $20.00

Microchip                                          1             $15.00           $15.00

Antibiotics for Upper Respiratory Infection
                                                   5              $0.50            $2.50
(Doxycycli ne)

Boarding/Food/Water (Per Day)                    276             $15.00          $4,140.00

                                                            Total Restitution:   $4,277.50




                                                                                                 PBA038
Animal 10: A11276507 "Spencer"

Signalment: 1 - 2 year old male, Domestic Shorthair Mix

Intake Date: 08/19/2010

Release Date: TBD

Removed From:

Days in Protective Custody: 276




                                               Quantity         Price            Total     I

Initial Physical Exam                              1           $30.00           $30.00
                                                                                           I
                                                                                           i
Annual FVRCP Vaccine                               1           $25.00           $25.00

Annual Rabies Vaccine                              1           $15.00           $15.00

Monthly Dose Advantage/Vectra                      2           $15.00           $30.00

Pyrantel Dewormer                                  2           $10.00           $20.00

Microchip                                          1           $15.00           $15.00
Antibiotics for Upper Respiratory Infection
                                                   5            $0.50            $2.50
(Doxycycline)

Boarding/Food/Water {Per Day}                    276           $15.00          $4,140.00

                                                          Total Restitution:   $4,277.50




                                                                                                PBA039
               CERTIFICATE OF NO RESPONSE 

                (Attaching Affidavits of Service) 





#15174021 vI




                                                      PBA040
J. Gregg Miller, Esquire
Attorney LD. Number 04527
Linda J. Casey, Esquire
Attorney LD. Number 83611
Pepper Hamilton LLP
3000 Two Logan Square
18th and Arch Streets
Philadelphia, Pennsylvania 19103-2799
(215) 981-4085                                        Attorneys for Petitioner



                                   COURT OF COMMON PLEAS 

                              PHILADELPHIA COUNTY, PENNSYLVANIA 

                                    FIRST JUDICIAL DISTRICT 


THE PENNSYLVANIA SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS
350 Erie Avenue
Philadelphia, PA 19134                                CIVIL ACTION

                              Petitioner              Case ID:       110503149

                      vs.                             Control No.:   11052791




               22 nd Street




#14498213 vi




                                                                                 PBA041
                       Respondents



                             CERTIFICATE OF NO RESPONSE

               The undersigned hereby certifies that a copy of (i) the Petition of the

Pennsylvania Society for the Prevention of Cruelty to Animals ("PSPCA") to Establish the

PSPCA's Ownership of Certain Animals that have been Subjected to Animal Cruelty and have

been Abandoned (the "Petition"), (ii) the Court's Rule to Show Cause Order ("Rule"), and (iii)

the Court's Order administratively relisting the hearing to July 28, 2011 having been served upon

the following effective no later than June 28, 2011; and no response having been filed within

twenty (20) days thereafter in accordance with the Court's Rule, Respondents are in default, and

Petitioner requests that Orders be entered against them in the form attached to the Petition.




                                                -2­
#14498213 vi




                                                                                                    PBA042
                                             r



                                       ~ll~
Dated: July 19,2011
                            J.     gg Miller, Esquire
                            Linda J. Casey, Esquire
                            Pepper Hamilton LLP
                            3000 Two Logan Square
                            18 th and Arch Streets
                            Philadelphia, P A 19103

                            Attorneys for Petitioner
                            Pennsylvania Society for the
                            Prevention of Cruelty to Animals




                      -3­
#14498213 vI




                                                               PBA043
   Pepper Hamilton LLP
   - = - = - - - - A t t o r n o y . at Law


   3000 Two Logan Square 

   Eighteenth and Arch Streets 

   Philadelphia, PA 19103-2799 

   215.981.4000
                                                                                                                             J. Gregg 1\4iller
                                                                                                                direct dial: 215-981-4085
   Fax 215.981.4750                                                                                               millerj@pepperlaw.com



                                                                  June 28, 2011


Via Certified MaiVRetum Receipt Reguested




                        Re:       Pennsylvania SPCA vs.                                     et al.

Dear Mr.

              I represent the Pennsylvania Society for the Prevention of Cruelty to Animals
("PSPCA") regarding one or more animals that were seized from your premises by the PSPCA.
I am serving on you a copy of the Rule to Show Cause Order that was signed by Judge Panepinto
anda copy of the Petition of the PSPCA to Establish the PSPCA's Ownership of Certain
Animals that have been Subjected to Animal Cruelty and have been Abandoned (the "Petition").

                The Rule to Show Cause Order sets a hearing date of July 27,2011. However,
Judge Panepinto entered a more recent Order (copy enclosed) which reset the hearing to July 28,
2011 at 11 :30 a.m.

                 If you do not file an answer to the Petition within twenty (20) days after the date
of this letter, and if you do not appear at the July 28,2011 hearing in Philadelphia Common
Pleas Court, a Court order will be entered terminating your ownership of the animal(s) that were
seized by the PSPCA.

                                                                  Very truly yours,
                                                                                        .
                                                                     ~/)          LIv--)   JJV ­

                                                                  J.'dregg Miller
JGMljl
Enclosures




#14457884 vi

    Philadelphia               Boston                Washington, D. C.                Detroit               New York

                   Berwyn               Harrisburg              Orange COUnty                   Princeton              Wilmington

                                                              www.pepperJaw.com

                                                                                                                                                 PBA044
                                    AMENDED AFFIDAVIT OF SERVICE 


Commonwealth of Pennsylvania                               County of Philadelphia                                      Comp;lon,Pleas Court
                                                                                                                        ,f'      r~;t'\",
Case Number: 110503149


Petitioner: 

THE PENNSYLVANIA SOCIETY FOR THE PREVENTION OF CRUELTY 

TO ANIMALS, 

vs. 

Respondents: 

                                                                                                   

                                                                       


For: 

J Gregg Miller 

PEPPER HAMILTON 

18th & Arch Street 

3000 Two Logan Square 

Philadelphia, PA 19103 


Received by C & E LEGAL COURIER SERVICE, INC. on the 23rd day of June, 2011 at 2:43 pm to be served on 

                                                                            


I, Jeff Bergman, being duly swom, depose and say that on the 25th day of June, 2011 at 7:07 pm, I: 


Posted Service by attaching a true copy of this PETITION AND RULE TO SHOW CAUSE ORDER 

with the date and hour of service endorsed thereon by me, together with a copy of the PETITION AND RULE TO 

SHOW CAUSE to a conspicuous place on the property described within after making two attempts, not less than six 

hours apart. The first attempt was on 6/25/2011 at 9: 12 AM and on' both attempts, the tenant could not be found. 


I certify that I am over the age of 18, have no interest in the above action, and am a Process Server, in good 

standing, in the judicial circuit in which the process was served. 





                                                                                 C & E LEGAL COURIER SERVICE, INC.
                                                                                 1341 N. Delaware Avenue
                                                                                 Suite 303
                                                                                 Philadelphia, PA 19125
        COMMONWEALTH OF PENNSYLVANIA                                             (215) 739·7050
                   NOTARIAL SEAL                                                 Our Job Serial Number: 2011000288
          CELESTE SOBEL, Notary Public                                           Ref: 999960.41368
          City of Philadelphia, Phila. County
         My Commission Expires May 2, 2013
                                      Copyright@ 1992-2001 Database Service., Inc. - Process Serv..... Toolbox VS,5f

                                                                                                                              Case If): I 10503149



                                                                                                                                               PBA045
                                    AMENDED AFFIDAVIT OF SERVICE 


 Commonwealth of Pennsylvania                              County of Philadelphia                                             CommJ)llPleas Court

 Case Number: 110503149
                                                                                                                              /. /~~~~~,!~,~t~1'>,
                                                                                                                          Fi,!erj   fqI,       f,",st-fJd\,by

                                                                                                                          3                             pm
 Petitioner: 

 THE PENNSYLVANIA SOCIETY FOR THE PREVENTION OF CRUEL TV 

 TO ANIMALS, 

 vs.
 Respondents: 

                                                                                                   

                                                                       


  For: 

  J Gregg Miller 

  PEPPER HAMILTON 

  18th & Arch Street 

  3000 Two Logan Square 

. Philadelphia, PA 19103

 Received by C & E LEGAL COURIER SERVICE, INC. on the 23rd day of June, 2011 at 2:39 pm to be served on 

                                                                               


 I, Donald Dougherty, being duly sworn, depose and say that on the 27th day of June, 2011 at 7:30 am, I:

 Posted Service by attaching a true copy of this PETITION AND RULE TO SHOW CAUSE ORDER
 with the date and hour of service endorsed thereon by me, together with a copy of the PETITION AND RULE TO
 SHOW CAUSE to a conspicuous place on the property described within after making two attempts, not less than six
 hours apart. The first attempt was on 6/25/2011 at 8: 10 AM and on both attempts, the tenant could not be found.

I certify that I am over the age of 18, have no interest in the above action, and am a Process Server, in good 

standing, in the judicial circuit in which the process was served. 





                                                                                                       ~               /":)
                                                                               r- ~
                                                                                .J::::?..                                                  """" 

                                                                               Donald Doughe 

                                                                                  Process Server 


me.                                                                              C & E LEGAL COURIER SERVICE, INC.
                                                                                 1341 N. Delaware Avenue
                                                                                 Suite 303
NOTARY PUBLIC                                                                    Philadelphia, PA 19125
        COMMONWEALTH OF PENNSYLVANIA
                                                                                 (215) 739-7050 

                    NOTARIAL SEAL 
                                              Our Job Serial Number: 2011000287 

            ~ELESTE SOBEL. Notary Public 

           City of Philadelphia, Phila. Counly 
                                 Ref: 999960.41368 

          My Commission Expires May 2,2013 

                                      Copyright e 1992-2001 Database Services, Inc. - Process Server's Toolbox vs.sr

                                                                                                                                           Case ID: I 10503149




                                                                                                                                                                PBA046
                                         AMENDED AFFIDAVIT O·F SERVICE

 Commonwealth of Pennsylvania                                 County of Philadelphia                                      CommonPleas Court

 Case Number: 110503149


 Petitioner: 

 THE PENNSYLVANIA SOCIETY FOR THE PREVENTION OF CRUELTY 

 TO ANIMALS, 

 vs. 

 Respondents:                 .

                                                                                                     

                                                                          


 For: 

 J Gregg Miller 

 PEPPER HAMILTON 

 18th & Arch Street 

 3000 Two Logan Square 

 Philadelphia, PA 19103 


 Received by C & E LEGAL COURIER SERVICE. INC. on the 23rd day of June, 2011 at 2:20 pm to be served on 

                                                                         


 I, Donald Dougherty, being duly sworn, depose and say that on the 25th day of June, 2011 at 9:40 am, I: 


 Posted Service by attaching a true copy of this PETITION AND RULE TO SHOW CAUSE ORDER 

 with the date and hour of service endorsed thereon by me, together with a copy of the PETITION AND RULE TO 

 SHOW CAUSE to a conspicuous place on the property described within after making two attempts, not less than six 

 hours apart. The first attempt was on 06/24/2011 at 7:20 P.M. and on both attempts, the tenant could not be found. 


 I certify that 1 am over the age of 18, have no interest in the above action, and am a Process Server, ih good 

 standing, in the judicial circuit in which the process was served.                 ­




 Subscribed and Sworn to before me on the 29th day of
                                                                                 ~~ Process Server
                                                                                                                                               

 =~ownto                                                                         
C & E LEGAL COURIER SERVICE, INC.
~NOTARY PUBLIC
                                                                                    1341 N. Delaware Avenue
                                                                                    Suite 303
                                                                                    Philadelphia, PA 19125
                                                                                    (215) 739-7050 

                                                                                    Our Job Serial Number: 2011000286 

COMMONWEALTH OF PENNSVLVANIA                                                        Ref: 999960.41368 

           NOTARIAL SEAL 

  CELESTE SOBEL, Notary Public 

  City of Philad~)lphia, Phila. County   C ~yrlght @1992-2oo1 Database Services, Inc. - Process Servers Toolbox VS.SI 

 My Commission Expiros May 2,2013
                                                                                                                              Case ID: 1 10503 149



                                                                                                                                               PBA047
                                                  Affidavit / Return of Service

                   Plaintiff:                                                              Court Term & No.:     110503149




                                                         SOCIETY FOR THE PREVEN
                                                                                                               E-File# 1106045163


                   Defendant:                                                              Document Served:
                                                                                            PETITION & RULE TO SHOW CAUSE
                                                                                            ORDER




                                                                                           Company Reference/Control No.:
                   Serve at:                                                                999960.41368

                    Served and Made Known to                                            on 06/24/2011 at 03:19 PM, in the 

                    manner described below: 

                    [J Party(s) personally served.       



                    [J   Adult family merrber with whom said Party(s)       resides. Relationship is: 



                    :J   Adult in charge of Party's residence who refused to give name or relationship. 



                    [J   Manager/Clerk of place of lodging in which Party(s) resides. 



                    [J   Agent or person in charge of Party's office or usual place of business. 



                    [J          and Officer of said Party company. 



                    [J   Posting premises.        [J   Certified rr,ail.     [J   First class regular mail.      [J   Publication. 


                    a6   Occupant served. NAME: TYRAY FLOYD 



                                           Age:          Height:           Weight:
                   Description       I      24           5 I 10"           215 1bs.                 Black
                                     I~----~~~~~-=~~--------~------------------~--------~
                                         Other: DREADLOCKS, BEARD

                   On           at                       not found because:


                    [J Moved              [J Unknown         [J No answer          :J   Vacant
                    [J Other:

                                                                                  Name of Server: STEVEN SACHS
                                                                                  Being duly sworn according to law,
                                                                                  deposes and says that he/she is process
                                                                                  server herein names; and that the facts
                                                                                  herein set forth above are true and
                                                                                  correct to the best of their knowledge,
                                                                                  information and belief.

                                                                                  Deputy Sheriff:

                                         FILED AND ATTESTED PRO-PROTHY 28 JUN 2011 01:21 PM
Ilzdrafsrv 10103




                                                                                                                                       PBA048
                                                   Affidavit / Return of Service
                                                                                          I
                   Plaintiff:                                                             •Court Term & No.:     110503149




                                                                                          •
                                  THE PENNSYLVANI SOCIETY FOR THE PREVEN
                                                                                                               E-File# 1106045136


                   Defendant:                                                                 Document Served:
                                                                                               PETITION & RULE TO SHOW CAUSE
                                                                                               ORDER




                                                                                              Company Reference/Control No. :
                                                                                               999960.41368

                                                                             on 06/25/2011 at 08:50 AM, in the manner
                    described below:
                    CJ   Party(s) personally served.


                    CJ   Adult family member with whom said Party(s) resides. Relationship is: 



                    CJ   Adult in charge of Party's residence who refused to give name or relationship. 



                    CJ   Manager/Clerk of place of lodging in which Party(s) resides. 



                    CJ   Agent or person in charge of Party's office or usual place of business. 



                    CJ           and Officer of said Party company. 



                    CJ   Posting premises.         CJ   Certified mail.      CJ   First class regular mail.      CJ   Publication. 


                                      served. NAME: JESSI GIRIAU




                   On            at                       not found because:


                    CJ   Moved           CJ   Unknown       CJ   No answer         CJ   Vacant



                                                                                  Name of Server: DONALD DOUGHERTY JR
                                                                                  Being      sworn according to law,
                                                                                  deposes and says that he/she is process
                                                                                  server herein names; and that the facts
                                                                                  herein set forth above are true and
                                                                                  correct to the best of their knowledge,
                                                                                  information and belief.

                                                                                  Deputy Sheriff:

                                      FILED AND ATTESTED PRO-PROTHY 28 JON 2011 01:12 PM
\Izdrafsrv 10103




                                                                                                                                       PBA049
                          ORDER 

               (Relisting Hearing - 6/27/11) 





#15174021 vl




                                                 PBA050
                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA 

                        THE COURT OF COMMON PLEAS OF PHILADELPHIA 

                                    CIVIL TRIAL DIVISION 





          PSPCA 	                                                       May Term, 2011


                                                                        No. 3149
                       VS




                       et al.




                                                         ORDER



                AND NOW, this 23rd day of June, 2011, it is ORDERED that the hearing
          in this matter listed for July 27,2011, has been administratively relisted to July 28,
          2011 at 11 :30 a.m. in Courtroom 285 City Hall, Philadelphia, P A 19107.



                                                                       BY THE COURT:


                                                                       k/!.-J~/t-

                                DOCKETED                                                       J.
                                JUN 2 ., 70'1
                                It PERMSAP                        The Pennsylvani Society-ORDER
                       CMLADMINIS1RA~

                                                                  1111111111111111111111111111111
                                                                        11050314900009




COPIES SENT PURSUANT TO Pa.RCP.                 G, BAXTER 06/28/2011



                                                                                                    PBA051
                 RULE TO SHOW CAUSE ORDER 

                           (6/21/11) 





#15174021 vi 





                                              PBA052
                                                                                                                         "   .\
                       IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY. 
                                      ,.

                                     FIRST JUDICIAL DISTRICT OF PENNSYLVANIA 


                                                     CIVIL TRIAL DIVISION 



           THE PENNSYLVANIA SOCIETY FOR THE
           PREVENTION or CRUELTY TO ANIMALS,                                   MAY TERM, 2011
           Petitioner


                            vs.                                             The Pennsylvani Society-RLFIS



                                                                                     \111\ 1\1"1\1111\1\1111\
                                                                            \111 III 11050314900005
           Respondents


                                              RULE TO SHOW CAUSE ORDER


                            AND NOW, this        _~ day of ~. 2011 upon consideration of the
           Petition 0[,111e Pennsylvania Society lor the Prevention of Cruelty to Animals ("PSPCA ") to

           Establish the PSPCA 's Ownership of Certain Animals that have been Subjected to Animal

           Cruelty and have been Abandoned (the "Petition"), it is hereby ORDERED and DECREED that:

                            I.         Respondents shall file an answer to the Petition within twenty (20) days of

           service of the Peti tion.

                           2.          A Rule is issued upon each Respondent to show cause why the relicf

           requested in the Petition should not be granted.

                           3.          RU LE RETURNABLE           ~_J--4-' 20 II a' /J- i1Jt.J. in Court
           Room   2!L(-_. CilY Hall. Philadelphia.
                           4.          Failllre to appear shall result ill an Order terminating ownership of the

           anirnal(s) in question.

                                     DOCKETED
                                     jU~   Z 1 !tJn
                                       K.f'ERMSAP                                                          Case ID: I 10503149


                                 ,:~::::                                       fs
                                                                                                       Control No.: 11052791
COPIES SENT PURSUAN f TO                                    fER   06!L'2o<i1
                                                                                                                                  PBA053
                              5. 	   Petitioner shall serve a copy ofthis Order and the Petition on each '
                                                                                                          .. ­
               Respondent in accordance with Pa. R.C.P. 400.1. First, Petitioner shall make a good    fa.theftOrt
               to serve the Petition under Pa.R.C.P. 402 (personal service). Ifscrvice has not been made under

               Rule 402, then Petitioner shaH attempt service by both (i) a fonn of mail requiring a receipt

               signed by the Respondent. and (ii) posting a copy of this Order on the front door of the

               Respondent's residence from which the animal(s) in question were removed hy Petitioner.

               Service shall be deemed complete upon Petitioner's compliance with this paragraph.



                                                                           BY THE COURT:




                                                             -2­

                                                                                                      Case ID: 11 0503149
                                                                                                   Control No.: 11052791


-'~   ..'-....------~-~~~."-- ...
                                                                                                                            PBA054
     PETITION TO ESTABLISH PSPCA'S 

    OWNERSHIP OF CERTAIN ANIMALS 

 (With Civil Cover Sheet and Attaching Affidavits 

       of Humane Society Police Officers) 





#15]74021 vI




                                                      PBA055
       Court of Common Pleas of Philadelphia County
                     Trial Division
                   Civil Cover Sheet
PLAINTIFF'S NAME                                                            DEFENDANTS NAME
  THE PENNSYLVANI SOCIETY ?OR THE PREVENTION OF
  CRUELTY TO ANI
                                                                            DEFENDANTS ADDRESS
             AVENUE
  PHILADELPHIA PA 19134

PLAINTIFF'S NAME                                                            DEFENDANTS NAME




PLAINTIFPS ADDRESS                                                          DEFENDANTS ADDRESS




                                                                            DEFENDANTS NAME




                                                                            DEFENDANTS ADDRESS




TOTAL NUMBER OF PLAINTIFFS               NUMBER OF DEFENDANTS         COMM ENCEMENT OF ACTION


               1                                   5
                                                                       o Complaint            iii Petition Action             o     Notice
                                                                       o Writ of Summons      0 Transfer From Other Jurisdictions
AMOUNT IN CONTROVE RSY

                                                           o     MassTort                     o   Commerce                   o      Settlement
                                                           o     Savings Action               o   Minor Court Appeal         o      Minors
                                                           iii   Petition                     o   Statutory Appeals          o      WIDISurvival



           MISCELLANEOUS ?ETITION




RELATED PENDING CASES (LIST BY CASE CAPTION AND DOCKET NUMBER)                                                 IS CASE SUBJECT TO
                                                                                                               COORDINATION ORDER?
                                                                                                                           YES               NO


                                                                   MAY 26 2011
                                                                     D. PETTIGREW

TO THE PROTHONOTARY: 

Kindly enter my appearance on behalf of Plaintiff/Petitioner!Appellant: 

Papers may be served at the address set forth below. 


NAME OF PLAINTIFF'SIPETITIONER'SIAPPELLANTS ATIORNEY

      GREGG MIL;:,ER                                                         18TH & ARCH ST
                                                                             3000 TWO LOGAN SQ
PHONE NUMBER
                                                                             PHILADELPHIA 	 PA 19103
  (215)981-4085

SUPREME COURT IDENTIFICATION NO.                                           E·MAIL ADDRESS
     527                                                                    millerj                       .com
SIGNATURE OF FILING ATIORNEY OR PARTY                                      DATE SUBMITIED
 J   GREGG MILLER
                                                                             Thursday, May 26, 2011, 11:14 am
                                                  FINAL COPY



                                                                                                                                                   PBA056
COMPLETE LIST OF DEFENDANTS:


      	


      	


      	


      	




                               PBA057
  PHILADELPHIA COURT OF COMMON PLEAS 
                                                                 CONTROL NUMBER:
       PETITION/MOTION COVER SHEET 
                                                                                          11052791
                    FOR COURT USE ONLY
                                                                                                         (RESPONDING PARTIES MUST INCLUDE THIS
     ASSIGNED TO JUDGE:       ANSWERJRESPONSE DATE:                                                      NUMBER ON ALL FILINGS)


                                                                                                                        May                         Tenn,2011
     Do not sen(J Judge courtesy copy ofPetitionlMotionlAnsweriResponse.                            --------~A1.~o-n-~~--------------                         Year
     Status may be obtained online at htlp:llcourts.phila.gov                                                            03149
                                                                                                    No. __________________________________

                                                                                                    Name of Filing Party:
             THE PENNSYLVANI SOCIETY FOR THE 

               PREVENTION OF CRUELTY TO ANI 
                                                        THE PENNSYLVANI SOCIETY FOR THE P



                                                                            Has another petition/motion been decided in this case?                 DYes       D No
   INDICATE NATURE OF DOCUMENT FILED:                                       Is another petition/motion pending?                                    DYes       D No
   IXI   Petition (Attach Rule   10   Show Cause) D Motion
                                                                            If the answer 10 either question is yes, you must identify the judgers):
   D     Answer to Petition             D Response to Motion
   TYPE OF PETITION/MOTION (see fist on reverse side)                                                                      PETITION/MOTION CODE
                                                                                                                           (see list on reverse side)
  I
  ! MISCELLANEOUS                     MOTION                                                                                    MTMIS
   I~~ffi/~~~~Dro-(p-Ie-a-s-e-~-H-rt--~-e~ti-~-O~f-~-e-c-o-rr-~-P-O-~~i-~--~~ti~~-~~m--~~~-n~~--w~hi~~~~-u-a-ffi~ffi-s~~-n~d~in~g)~:------------------------~


     I. CASE PROGRAM                                                                 II. PARTIES (requiredfor proofofservice)
                                                                                     (Name, address and telephone number of all counsel of record and
         OTHER PROGRAM                                                               unrepresented parties. Attach a stamped addressed envelope for each attorney
                                                                                     ofrecord and unrepresented party.)
         Court Type: PETITIONS                                                        J   GREGG MILLER 

         Case Type: MI SCELLANEOUS             PETITION 
                                 18TH & ARCH ST 3000 TWO LOGAN SQ ,
                                                                                          PHILADELPHIA PA 19103




    III. OTHER



  By filing this document and signing below, the moving party certifies that this motion, petition, answer or response along with all documents filed, will be served
  upon all counsel and unrepresented parties as required by rules of Court (see PA. R.C.P. 206.6, Note to 20S.2(a), and 440). Furthermore, moving party verifies that
  the answers made herein are true and correct and understands that sanctions may be imposed for inaccurate or incomplete answers.


                                                                        May 26, 2011                       J   GREGG MILLER
          (Attorney Signature/Unrepresented Party)                              (Date)                      (Print Name)                         (Allorney J.D. No.)
  The Petition, Motion and Answer or Response, if any, will be forwarded to the Court after the AnswerlResponse Date. 

  No extension ofthe AnswerlResponse Date will be granted even ifthe parties so stipulate. 

30·1061B E-File# 1105042056
27-MAY-11 09:34:22




                                                                                                                                                                        PBA058
PHILADELPHIA PA




                  PBA059
.I. Gregg Miller, Esquire
Attorney 1.0. Number 04527
Linda J. Casey, Esquire
Attorney 1.0. Number 83611
 Pepper H.amilton LLP
3000 Two Logan Square
 18th and Arch Streets
Philadelphia, I>ennsyl vania 19103-2799
(215).981-4085                                 Attorneys for Petitioner



                            COURT OF COMMON PLEAS 

                      J)HILADELPHIA COUNTY, PENNSYLVANIA 

                             FIRST JUDICIAL DISTRICT 



TH.E PENNSYLVANIA SOCIETY FOR TH.E
PREVENTION OF CRUELTY TO ANIMALS
350 E. Erie Avenue
Philadelphia. PA 19134                         CIVIL ACTION

                      Petitioner

              VS.




       22 ml Street




                                                                          CascIO: 110503149
                                                                     Control No.:   J   1052791
                                                                                            PBA060
                         Respondents


         ~   PETITION OF THE PENNSYLVANIA SOCIETY FOR THE PREVENTION 

                 OF CRUELTV TO ANIMALS ("PSPCA") TO ESTABLISH THE 

               PSPCA'S OWNERSHIP OF CERTAIN ANIMALS THAT HAVE BEEN 

              SUB.n:CTED TO ANIMAL CRUELTY AND HAVE BEEN ABANDONED 


                  'Ibe Petitioner herein, The Pennsylvania Society for the Prevention of Cruelty to

 Animals ("PSPCA"), by and through its attorneys, J. Gregg Miller, Esquire and Linda 1. Casey,

 Esquire. hereby tiles [he within Petition of The Pennsylvania Society for the Prevention of

 Cruelty to Animals ("PSPCA") to Establish the PSPCA's Ownership of Certain Animals that

 have been Subjected to Animal Cruelty and have been Abandoned. PETITIONER REQUESTS

AJIEARING ON A gULE TO SHOW CAUSE AND, FOR THAT PURPOSE, 6. FORM OF

';;HOW CAUSE ORDER IS ATTACHED. In support thereof. Petitioner alleges that:

                  1. Petitioner, The Pennsylvania Society for the Prevention of Cruelty to Animals

C'PSPCA"), is a Pennsylvania non-profit corporation whose headquarters are located at 350 East

Erie Avenue, Philadelphia, Pennsylvania 19134.

                  2. The PSPCA is organized, in part, to receive and investigate criminal

complaints of animal cruelty, abuse, negiect or abandonment, and to prosecute suspects under the

Animal Cruelty Law, 18 Fa. C.S.A. §5511.

                  3. The Humane Society Police Officers e'HSPOs") maintained by the PSI1CA

arc empowered to enforce the Animal Cruelty Law, 18 Pa. C.S.A §55] 1. by virtue of statutory

authority conferred upon said Society's officers upon the satisfaction of various criteria, 22 Pa.

e.S. §§ 3704. 3705 and 18 Pa. e.S.A §5511 (i):



                                                 -2­
-14240939 vi

                                                                                                 ID:110503149
                                                                                      ('ontrol        : J 1052791

                                                                                                             PBA061
                POWER TO [NITlATE CRIMINAL PROCEEDINGS. An agent
                of any society or association for the prevention of cruelty to
                animals. incorporated under the laws of the Commonwealth. shaH
                have the same powers to initiate criminal proceedings provided for
                police officers by the Pennsylvania Rules of Criminal Procedure.

The HSPOs are also authorized by the Dog Law, 3 P.S. §459-102, to perform "Dog Control,"

which includes "apprehending. holding and disposing of stray or unwanted dogs." Three of the

animals that arc the subject of this Petition are dogs.

                4. The HSPOs involved in the investigations that are described in this Petition

were authorized and commissioned within Philadelphia and were sworn in by the Court of

Common Pleas of Philadelphia COlmty.

                5. The primary mission of the PSPCA with respect to animals in their possession

is to safely house. feed. care for, treat. provide elective veterinary care (such as sterilization) and

to adopt out to loving families such animals. The PSPCA also has the power to euthanize

animals under certain circumstances. but the greatly preferred alternative is to adopt out the

animals to loving families. To adopt out the animals, the PSPCA needs clear title and ownership

of the animals that are the subject of this Petition, and termination of any right, title and interest

that the respondents may have had in these animals.

                6. Respondent                  is an individual whose last known address is

                ,

               7. Respondent                            is an individual whose last known address is




               8. Respondent                              is an individual whose last known address is



               9. Respondent                             is an individual whose last known address is




                                                  -3­
                                                                                            Case ID: 110503149
                                                                                         Control No.:     J   1052791

                                                                                                                 PBA062
                  10. Respondent                      is an individual whose last known address is



                  11. During the past year, the PSPCA' s Humane Society Police OtTtcers

investigated complaints of animal cruelty, neglect and abandonment that were alleged by third

parties against                                                                                  and

                    the respondents in thjs action.

                  12. In each case. one or more animals were recovered by the HSPOs from

premises inhabited by the respondents pursuant to authority contained in §5511 (l). which

authorizes a Hwnane Society Police Officer to obtain a search warrant and to seize an animal

that is subject to animal cruelty, including abandonment, and to take it to the PSPCA for care and

treatment. In each ca..~c, a search warrant was obtained betore the animal was taken.

                  13. As set forth in the affidavits of the Humane Society Police Ot11cers that are

attacbed hereto as Exhibits A-E, each of the animals that is the subject of this Petition was

subjected to animal cruelty and was abandoned in violation of Pennsylvania law. 18 Pa. e.S.A.

    11(c) and 3 P.S. §459-601(c).

                  14. The PSPCA has been continuously caring for these animals. Such care is

expensive. The F)SPCA should not be expected to continue to care f()r the animals for the rest of

their lives, when adoption is a better alternative for both the animals and the PSPCA. The

PSPC A wishes to put the animals up for adoption to good homes. However, in order to adopt

out the animals, the PSPC A must have ownership of the animals in order to convey good title to

an adoptive family. free and clear of any later daim of ownership by the respondents. ft is for

this rea')on that the within Petition has been filed with the Court.




                                                                                                rD: 110503149
                                                                                        Control No.: 11052791
                                                                                                         PBA063
One Female Labrador Mix Dog (Animal ID #A 10839851) and One Femal!.! Ball Python Snake
(Animal ID #A 18039855) Recovered from

                15. On June 26, 2010, Humane Society Police                             responded

 to a complaint from PhHadelphia Animal Care and Control regarding an abandoned dog inside

 property located at                                                and he conducted an

 investigatlon the same day. A neighbor stated that he had been throwing food in the front

window to a large black dog. The neighbor stated that nobody had been seen coming to the

property in several days.                posted a warning notice on the front door instructing the

animal caretaker/resident to contact the Pennsylvania SPCA immediately.

                16. On June 27.               returned to the above location for a follow up

investigation. The warning notice was still posted and the large black dog was still visible.

               obtained a search warrant and examined the premises, There was a black/white

female Labrador Retriever mix breed dog on the first noor of the property. There was no food

available f()f the dog. There was a bowl full of cloudy yeUow water. The property was

unsanitary with dog feces and urine stains throughout the entire first floor and basement level of

the property. The propl.!rty was infested with insects. There was also a Ball Python snake in an

aquarium tank on the first floor. There was no food or water available for the snake.

       removed the dog and snake and photographed the property. Based on his investigation

and training he concluded that the dog and snake had been abandoned and were deprived of

necessary food .md water in violation orthe Pennsylvania Animal Cruelty Law.

               17. On July 7, a Certified Letter of Abandonment was sent to the animal owner,

               On July 19, a fbllow up investigation was made by                   but no one was

present An additional investigation was made on January 14, 2011.                was not present

at the location. As of February 10, 2011,                had received no contact from




                                                                                                ID: 1j 0503149
                                                                                                    : 1]052791
                                                                                                          PBA064
                18. The PSPCA has had continuous custody of the dog and snake, and they have

expended significant time. effort and funds, in access 0[$9,000, to care for the dog and snake

                19. The affidavit of                     attesting to the above facts is attached hereto

as Exhibit A.

One Black Domestic Shorthair Mix Male Cat (Animal ID #A 11194268) Recovered from


                20. On August 6,2010, Humane Society Police

responded to a complaint regarding a cat abandoned inside the property at

                                      The complainant stated that the owners (Jf the property moved

out a couple of weeks previously and had abandoned the cat.

                :2 I . On August 6,                      knocked at the front door and there \\118 no

response. He observed one medium sized grey and black domestic shorthaired cal in the front

window. He posted a warning notice advising the owner/animal caretaker to contact Humane

Society Police Officers within 24-hours regarding the complaint of abandonment.

                22. On August 7, Human Society Police                                  arrived at the

above location to conduct a toll ow up investigation. The warning notice for abandonment was

still posted on the front door. The cat was observed in the front window. There did not appear to

be any way (or the cat to enter or exit the property. No one responded to a knock at the front

door. and neighbors were unable to infoml him regarding the location of the occupant/animal

owner.

                23. On August 8, 2010,                      obtained a search warrant. The property

was locked, so entry was made through a first floor side window. There was no food available in

the house for the cat. Personal belongings and debris were strewn across the house. The

property was unsanitary with cat feces and urine stains across the floor on the first floor and the


                                                   -6­

                                                                                              Case ID:     J   10503149
                                                                                           Conlrol No.: J 105279 J
                                                                                                                   PBA065
second floor level,                       removed the cat and photographed the property. A copy of

the search warrant was left along with a note that contained the                     contact iniormation and

infoITfling the owner that the cat had been removed and was being held at the Permsylvania

speA.

                  24.   OLl   September 17, 2010, a certified letter was sent to the above location, but

on October 8. 2010, the letter was returned with a label indicating that it was unclaimed and

could not be forwarded.

                  25. On February 23, 2011.                          conducted a follow up investigation.

Several neighbors told him that no one had been residing at the above property and they were

unaware of the current location of the O\\'I1cr. As of March 19,2011, no contact had been made

by the animal owner to the PSPCA.

                  26. The PSPCA has had continuous custody of the cat since it was removed on

August 8, 2010, and it has expended significant time, effort and funds in excess 0($4,000 to care

for the cat.

                  27. The affidavit of                       attesting to the above facts is attached hereto

as Exhibit B.

One Miniature Doberman-Tvpe Dog (Animal ID #AI2293757) Recovered from


                  28. On January 25, 201 1, Humane Society Police

responded to a complaint regarding an abandoned dog at

               Upon arrival at the premises, she knocked and there was no response. She heard a

dog barking inside the property, and sbe posted a warning advising the dog owner to contact her

immediately.




                                                       -7­
                                                                                                   Case 1D: 110503149
                                                                                                Control No.:   J 1052791

                                                                                                                    PBA066
                    29. On January 26,2011.                  returned to the location and found her

  warning was still posted on the front door and the dog was barking inside the property. She

 contacted the complainant, who stated the dog was owned by                           an acquaintance.

           had told her that he had not been at the property for a week to feed the dog.

 obtained a search warrant, examined the premises, and photographed the premises and the dog,

 whiCh was a Miniature Doberman Pincher. The dog was thin. No fDod or water was available

 for the dog. There was a large amount of urine and feces on the noor. There was no heat or

 electricity in the property, She removed the dog and lett a copy of the search warrant, inventory

 and animal surrender slip inside the property.

                    30. On January 28, 29 and 30. and again on February 1, 2011,                   made

 follow up attempts to contact the owner and to discuss the matter with the complainant She

 mailed two notification letters of abandonment, one by regular mail and onc by certified mail ­

 rctum receipt requested. On February 28. 2011. the certified mail was returned marked "unable

 to fOf.\vard. ,.

                    31. On February 14,2011,                  conducted an additional follow up, but

 she has received no contact from the dog's OW11er,

                    32. Since the time ofrernoval of the dog from the premises, the SPCA has

expcuded considerable time, effort and funds in excess of $1,700 to care for the dog

                    33. 'lllC alTidavit of            attesting to the above facts is attached hereto as

Exhibit C




                                                    -8­
iiJ4NQ'1J V vl

                                                                                             Case []): J 10503149
                                                                                           Control No.:    J 1052791

                                                                                                                PBA067
Two Cats (Animal [0 #A 11276507 and AI1276509) Recovered from 2345 Orthodox St.,


               34. On August 19,2010, Humane Society Police Otllcer

responded to a complaint of a cat left abandoned inside the property at

                          The same day,                  conducted an investigation at that

location. He knocked loudly at the front door and got no response. He smelled and observed cat

urine and feces on the floor. He heard the sound of a cat crying loudly from inside the house. A

next door neighbor stated the property owner had not been seen coming to the property in several

days. -The same day,                  obtained a search warrant. He entered the building througb

a rear window. Inside the building was debris. cat urine and feces and two dead cats covered

with maggots. 'T11cre were two live cats in emaciated condition covered \.\lith f1eas, which

               removed from the premises. No food or water was present on the property for the

cats to consume.

               35. On August 31, a certified letter of abandonment was sent to the owner, but it

was returned on September 15. marked as unclaimed.

               36. On September 17, 20 I() and on January 14, 2011,                   conducted

follow up investigations. There was no response at the property, and neighbors did not know the

location of the animals' owner. As of May 9, 20 II, the owner had not attempted to contact the

Pennsylvania SPCA.

               37. The Pennsylvania SPCA has expended significant time, effort and funds to

care fix the cats that have been removed.

               38. The atlidavit of               attesting to the above facts is attached hereto

Exhibit D.




                                                                                         Case rD: 1 J 0503149
                                                                                      Control 1\'0_: 1 105279 J
                                                                                                          PBA068
 One Black and White Female Pit Bull Dog (Animal #AI2665778) Recovered from


                   39. On March 11, 2011. Humane Society Police

 responded to a complaint from a Philadelphia Gas Company representative regarding an

 emaciated, abandoned dog inside premises                                 .

 She i!1vestigated at the above location and was told by Philadelphia Gas Company employees

 that they smelled gas on the property, and there was an emaciated black and white Pit Bull inside

 the property.                posted a warning on the front door, advising the dog owner to contact

 her immediately.

                  40. On March 12, 2011,                obtained a search warrant. She

 photographed and removed an emaciated black and white female Pit Bull from inside the

 property. There was no food or water available for the dog. She left a copy of the search

 warrant. inventory, animal surrender slip, and business card inside the living room of the

 property.

                  41. On March J 8,2011,                was told by a woman named Kristin Parker

 that the dog belonged to her baby's father,                                  unopened mail was

 located inside the property, which corroborated Ms. Parker's information. She gave Ofticcr

          the telephone number of                                attempted to contact him twice by

phone on March 18. and again on March 29.

                  42. On March 29.2011,                mailed two notification letters of

abandonment to                      One by regular mail and one by certified mail -- rcturn receipt

rcquested. On April 21, 201], the certitied letter \J,.'US returned as unclaimed. There is no

l()rwarding address on file for




                                                -10­
"142409)'1 vi

                                                                                          Case ID: 110503 J49
                                                                                       Control No.: 11052791
                                                                                                         PBA069
                43. The Pennsylvania SPCA has had continuous custody of the dog since it was

removed on March 12. 2011. and it has expended significant time. effort and funds to care for the

dog.

                44. The affidavit of               attesting to the above facts is attached hereto as

Exhibit E.

                                           ARGUMENT

                45. In each of the above cases, the animals were subjected to animal cruelty at the

hands of the respondents, which is a crime under 18 Pa. C.S.A. 551l(c). However, as indicated

in the attached affidavits. the defendants have fled, thereby avoiding conviction for their crimes

and forfeiture of the animals by statute. 18 Pa. C.S.A. 5511(m).

                46, At this time, the PSPCA is entitled to ownership orthe animals oc"Cause (i) the

animals have been abandoned. (li) the animals are "'derivative contraband" in which respondents

have no further right, title or interest, (iii) the PSPCA has spent, and continues to spend on a

dally basis, time, effort and money in the housing, care, feeding and maintenance ofthc animals

for which it has a statutory lien, and (iv) the respondents have been accorded ample due process

of law with respect to any rights they may have had in the animals.

  THE ANIMALS HAVE BEEN ABANDONED, AND THE PSPCA MAY TAKE TITLE 

                            TO THEM 


                47. In each of the above cases, the animal was abandoned by its owner, In

Pennsylvania, "abandonment" is a crime under both the Animal Cruelty Law. J 8 Pa. e.S.A

§5511(c) and underthe Pennsylvania Dog Law, 3 P.S. §429-601(c). Under Pennsylvania law, a

dog is personal property. Dog Law, 3 P.S. §429-60J(a). Specifically, the Dog Law §459-601

provides, in pertinent part, as follows:

               (a)    DOGS TO BE PERSONAL PROPERTY. - - All dogs are 

               hereby declared to be personal property and subjects of theft. 


                                                -11 ~

                                                                                                   ID: ] 10S03149
                                                                                       Control          . j   I OS279 J

                                                                                                                  PBA070
                (c)      ABANDONMENT OF ANIMALS BY OWNER. -­

                       ( I)    It shall be unlawful for any person to abandon or
                attempt to abandon any dog within the Commonwealth. Anyone
                convicted of abandoning or attempting to abandon any dog within
                the Commonwealth shall pay a fine of not less than $300.00 and
                not more than $1,000.00, plus costs.

Under well-established principles of Pennsylvania law, if property is abandoned, then a third

party (in this case the PSPCA) may claim ownership of such property. Under Pennsylvania law,

cats are also personal property, Neefe v. Ncefe, 16 Just. 16 (1900); TIle Cat and the Law, 12

Temple L.Q. 89 (1937). Wild animals are not subject to ownership until reduced to actual

possession. custody or control, at which time such animals become personal property. I

Pennsylvania Law Encvclopedia - Second Edition, "Property" § I. Reptiles sold by pet stores,

such as snakes, alligators and turtles, arc considered personal property. Therefore, the cats and

tht.:: snake, as well as tht.:: dogs that are included in tlus Petition, are personal property subject to

abandonment under Pennsylvania law.

                48. Under Pennsylvania law, property may be abandoned ifthcre is "an actual and

vohmtary relinquishment of possession and ownership," in which case "the property ceases to be

the property of any person and becomes the subject of appropriation by the first taker." 39

Pcrm8ylvani~Law       Encyclopedia - Second Edition, "Property" § 31. (n Fidelity - Philadclphitl;

Trust Co. v. Lehigh Valley Coal Co., 294 Pa. 47, 143 A. 474 (1928), the Pennsylvania Supreme

Court held that a decedent had abandoned and relinquished all title and interest in a culm bank

when he deposited the culm on land owned by another person, the culm was valueless, and tor an

extcl1ded period of time the decedent exercised no dominion over the culm and failed to prohibit

others from taking ti"om the culm bank. In Calhoon v. Neelv, 201 Pa. 97, 50 A 967 (1902), the

Pennsylvania Supreme Court held that a lessee had abandoned an oil and gas lease which had a

IS-year ternl when, after drilling a test well and finding no oil, the lessee removed its equipment

                                                   -12­
                                                                                                      ID: 110503 J 49
                                                                                            Control No.: 1 J052791

                                                                                                                PBA071
and abandoned the site for 9 years. Then, a third-party drilled successfully, and the illitiallessee

returned, becoming "active at the sight of oil flowing from wells drilled by others:' The Court

held that the initial lessee had abandoned the lease, stating:

               Abandonment is a question of fact to be determined by the acts and
               intentions of the parties. An unexplained cessation of operations
               fbr the period involved in this case gives rise to a fair presumption
               of abandonment and, standing alone and admitted, wouldjustify
               the court in declaring an abandonment as a matter of law.

               49. More recently, the Pennsylvania Superior Court has held that a man

abandoned a shotgun to the chief of police when he asked the chief to destroy or otherwise

dispose of the gun, Commonwealth v. Wetmore, 301 Pa. Super. 370; 447 A.2d 1012 (Pa. Super.

1982). The U.S. Bankruptcy Court for the Eastern District of Pemlsylvania has held that a coal

company abandoned a quantity of silt that contained some coal after it deposited the silt on

property owned by a third-party, did not segregate or mark the silt deposit, and did not cLaim an

interest in the silt for an extended period of time, In re: a.M.p. Land Company, 33 RR. 729

(Bank-r. E. D. Pa. 1983).

               50.111 the instant case, the respondents have abandoned their animals by fleeing

the premises, leaving the animals behind, and failing to claim them or otherwise respond to

notices from the tIuman Society Police Officers of the Pennsylvania SPCA. Under these

circumstances. the Pennsylvania SPCA is entitled not only to seize the animals but also to

become their owner.

               5 L In addition to the foregoing general principles of Penns)'1 vania law regarding

abandonment. the Dog Law provides at 3 P.S. §459- I 02 the following definitions:

              "ABANDON." To forsake entirely or neglect or refuse to provide
              or perfonn the legal obligations for the care and support of an
              animal by its owner or its agent.



                                                -13­
                                                                                               ID; I 10503149
                                                                                       Control No.: 1]052791
                                                                                                         PBA072
                "ABANDONMENT." Relinquishment of all rights and claims to
                an animal by its owner.

                    When taken together, these definitions indicate that, in circumstances where a

dog owner will "neglect or refuse to provide or perform the legal obligations for the care and

support of" its dog, thl!n the dog will be deemed "abandoned;" and the consequence of such

"abandonment" will he the "relinquishment of all rights and claims to" the dog by its owner.

Thus, pursuant to the Dog Law, the respondents in this case have "abandoned" theiT dogs by

failing to provide the legal obligations of care and support that they owed to such dogs. As a

consequence of such "abandonment." they have relinquished all rights and claims to such dogs

pursuant to the Pennsylvania Dog Law, 3 P.S. §459-102. Therefore, the PSPCA may properly

assume ownership of the dogs, may take over the obligations of care and support, and may

dispose of them as it decides best, preferring adoption over euthanasia.

  THE ANIMALS ARE DERIVATIVE CONTRABAND WITHIN THE DOCTRINE OF 

   COMMONWEALTH V. ALLEN; AND THEREFORE RESPONDENTS HAVE NO 

         FURTHER RIGHT, TITLE OR INTEREST IN SUCH ANIMALS 


               53. In each of the above cases, an animal was subjected to cruelty, neglect and

abandonment at the hands of the respondents, which are criminal acts under Pa. C.S.A. 5511(c)

and 3' P.S. §60 I(c). However, as indicated in the attached affidavits, the respondents have fled.

avoiding conviction for their crimes, or have otherwise failed to respond to the PSPCA. The

PSPCA is entitled to the animals as "derivative contraband" because the animals were involved

in the commission of crimes of animal cruelty. Conviction is not necessary to support a

forfeiture of property as "derivative contraband."

               54. Under Pennsylvania law, animals which have been the su~jcct of unlawful

acts of animal cruelty, 18 Pa. C.S.A. § 5511 (c), constitute "derivative contraband;" and their

owner(s) have no legitimate continuing property interest in the animals. Commonwealth v.


                                               -14­
                                                                                         Case [[): 110503149
                                                                                     Control No.: 11052791

                                                                                                        PBA073
ABen, 918 A.2d 781. 2006 Pa. Super. LEXIS 5323 (Pa. Super. 2006), as reported and explained

in Allen v. Pennsylvania SPCA 488 F. Supp. 2d450 (M.D.Pa. 2007) (at p. 457):

               [B Jecausc we conclude that the animals seized did, in fact,
               constitute derivative contraband, in that they were the subject of an
               unlawful act under 18 Pa. C.S.A. § 5S11(c), we find that the trial
               court erred in concluding that they were not contraband; thus,
               [A]llen was entitled to nothing and, a fortiori is entitled to no relief
               on appeaL However, as the Commonwealth did not appeal the trial
               court's award [of $750.00]. we will not disturb it.

               'n1(~   animals at issue in the Allen case, 8 horses, 4 goats and 2 pigs, were seized

from Mr. Allen on animal cruelty charges. The initial conviction of Allen for animal cruelty was

reversed on appeal. but the animals were nevertheless held to be "derivative contraband." When

Allen brought a civil rights suit for a violation of his rights under the U.S. Constitution with

respect to the animals, the LT .S. District Court gave preclusive effect to the Penl1sylvania

Superior Court's finding that the property was contmband. The U.S. District Court held (at page

467):

               Because AJlen cannot establish a constitutionally protected
               property interest in the animals, he is unable to assert that the
               defendants' retention of the same was an unlawful seizure or
               taking. Additionally, without a constitutionally protected property
               interest, Allen cannot challenge the adequacy of the
               Commonwealth's procedures with respect to seeking the return of
               the <mimals. Hence. Allen's Fourth, Fifth, and Fourteenth
               Amendment claims relating to the retention of his animals fail as a
               matter of law and will be dismissed.

               The difference between contraband per se and "derivative contraband" was

explained in Commonwealth v. Fassnacht, 246 Pa. Super. 42, 46. 369 A.2d 800. 802 (]977):

               In this evolution, two distinct classifications of contraband have
               been developed: contraband per se and derivative contraband.
               Contraband per se is property the mere possession of which is
               unlawful. One 1958 Plymouth Sedan, [v. Commonwealth of
               pennsylvania, 380 U.S. 693, 85 S. Ct.l 246, 14 L. Ed. 2d 170
               (1965)], supra; United States v. One Lot of 18 Fireanns. 325 F.
               Supp. 1326 (D.N.H. 1971). Heroin and "moonshine" whiskey are

                                                  -15­
                                                                                            Case ID: 110503149
                                                                                          Control No.: II 052791
                                                                                                            PBA074
                  examples of contraband per se. Derivative contraband is property
                  innocent by itself, but used in the perpetration of an unlawful act.
                  An example of derivative contraband is a truck used to transport
                  illicit goods.

                  In Petition of Maglisco, 341 Pa. Super. 525,491 A.2d 1381 (Pa. Super. 1985), the

Pennsylvania Superior Court upheld the forfeiture of a pistol as derivative contraband where a

woman shot her husband with the pistol. but the charges were later dropped. The Court's

opinion makes it clear that '"there need not be an underlying conviction of a crime to support the

forfeiture." (at page 530).

                  In the instant case, the animals were seized by the Humane Society Police

Officers of the PSPCA because the animals were the subject of the crime of animal cruelty. The

respondents have ned. thereby evading prosecution and conviction for the crime of animal

cruelty. However, conviction ofthe crime is not necessary. A preponderance of the evidence in

these cases indicates that the animals were the subject of animal cruelty. Such evidence is

sufficient to support a forfeiture ofthc animals as "derivative contraband." Maglisco (at page

531). The respondents have no further legitimate right, title or interest in or to the animals.

Rather, the animals have been forfeited to the Pennsylvania SPCA.

 TilE ANIMALS ARE SUBJECT TO A LIEN FOR THE COSTS AND EXPENSES OF 

     THE PSPCA WHICH ARE PAYABLE BY THE RESPONDENT; AND IT IS 

INEQUITABLE TO BURDEN THE PSPCA WITH ONGOING COSTS AND EXPENSES 

  WHEN THE MORE FAVORED ALTERNATIVE OF ADOPTION IS AVAILABLE 


                  55. The costs and expenses that the PSPCA has incurred. and continues to incur

011   a daily basis, with respect to each of the animals gives the PSPCA both an equitable right to

the animals and a legal claim to the animals. The Animal Cruelty Law provides that the PSPCA

has alien on the animals in the anlOunt of the costs and expenses that the PSPC A has incurred in

housing, caring for and feeding the animals in each case where. as here. a search warrant is




                                                  -16­
                                                                                                      . 110503149 

                                                                                         ('ontrol No.:   J   105279 J

                                                                                                                 PBA075
obtained before the animal is seized and removed to the PSPCA for care and shelter, at 1& Pa.

C .S.A. 5511 (1):

                SEARCH WARRANTS. - - Where a violation of this section is
                alleged, any issuing authority may, in compliance with the
                applicable provisions of the Pennsylvania Rules of Criminal
                Procedure, issue to any police officer or any agent of any society
                or association for the prevention of cruelty to animals duly
                incorporated under the laws of this Commonwealth a search
                Vl.lITant authorizing the search of any building or any enclosure in
                which any violation ofthis section is occurring or has occurred,
                and authorizing the seizure of evidence of the violation including,
                but not limited to the animals which were the subject of the
                violation. Where an animal thus seized is found to be neglected or
                starving, the police oOicer or agent is authorized to provide such
                care as is reasonably necessary, and where an animal thus seized is
                found to be disabled, injured or diseased beyond reasonable hope
                of recovery, the police officer or agent is authorized to provide for
                the humane destruction of the animal. The cost of the keeping,
                care and destruction of the animal shall be paid by the O\\'I1cr
                thereof and claims for the costs shall constitute a lien upon the
                animal. (Emphasis added.)

                56. In "iew of the extended time periods during which the PSPCA has cared tor

the animals that are the subject of this Petition, the costs and expenses exceed the market value

of the animals. 'nlcrefore, the animals are unlikely to be reclaimed by any of the respondents. If

respondents did try to reclaim the animals. they would be unable to do so unless they first paid

the PSPCA the dollar value of the costs and expenses that have been incurred by the PSPCA and

which constitute a lien on each of the animals 18 Pa. C.S.A. 5511 (1). The PSPCA submits that it

is inequitable to burden the PSPCA with ongoing costs to care for the animals when they could
be adopted by responsible .families.

       THE RESPONDENTS HAVE BEEN ACCORDED DUE PROCESS OF LAW

                57. The Pennsyl"ania SPCA's operating procedures require its Humane Society

Police Officers to search for missing animal owners as follows:

                       (i)    check U.S. Post Otlice for forwarding address;

                                               -17­
                                                                                                ID: 110503149
                                                                                        Control N(L 1J 05279 J
                                                                                                          PBA076
                       (ii) 	    check with neighbors and relatives, if any. for current location or
                                 forwarding address;

                       (iji) 	   check jail records if neighbors or relatives indicate that the missing
                                 owner is injail.


 Tbe ,Humane Society Police Officers followed these procedures to attempt to locate the missing

owners who are respondents in this matter.

                58. The U.S. Constitution's Due Process Clause requires that a person whose

property is being laken be provided with notice and opportunity to respond. Cleveland Board of

Education v. Loudermill, 470 US 532 (1984). Also, the Pennsylvania Supreme Court has held

that the basic elements of procedural due process are adequate notice, the opportunity to be

heard, and the chance to defend oneselfbetbre a fair and impartial tribunal. Commonwealth of

Pennsylvania vs. Wright, 599 Pa. 270, 293, 961 A.2d 119, 132 (2008); Commof)}Vealth of

P~nnsylvania   vs. Clayton, 546 Pa. 342,351,684 A.2d 1060, 1064 (1996); Parker vs. Kensington

Hospital. 483 Pa. 106, 130, 394 A.2d 932, 945 (1978).       This legal principle applies in

connection with the taking and disposition of animals. Commonwealth v. Gonzalez, 403 Pa.

Super. 157,588 A.2d 528 (1991); but see, Commonwealth v. Barnes, 427 Pa. Super. 326,629

A2d ]23 (1993). However. due process need not be provided in the absence of a valid property

interest that is entitled to protection. In the instant case, as in Allen v. Pennsylvania SPCA,

supra, respondents have forfeited their property interests in the animals under the doctrine of

"derivative contraband." The U.S. District Court held that Allen's claims against the PSPCA, ct

aI.• for violation of his right 10 due process oflaw under the Fourth, Fifth and Fourteenth

Amendments failed and must be dismissed, stating:

               These claims fail, however, because this court must give preclusive et1ect to the 

               Pennsylvania Superior Court's finding that the property was contraband and that 



                                                 -18­
                                                                                                ID: 110503149
                                                                                        Control No.: 11052791
                                                                                                          PBA077
               Allen could have no legitimate property interest in the animals, Without a
               constitutionally protected property interest in the animals, Allen cannot claim that
               their prolonged seizure violated the Fourth Amendment or that it amounted to a
               Fifth Amendment taking, nor can he claim that he was denied due process with
               respect to his efforts to have the animals returned to him. Allen, at p. 467.

               59. Each of the respondents has been accorded ample notice and an opportunity to

claim its animal(s). Each respondent has failed to do so. Now, the within Petition is being

served on each respondent at its last known address from which the animal in question was

removed by the PSPCA. Service of the Petition provides each of the respondents with a tinal

notice and opportunity to be heard in Court. Under all the circumstances of the case, each

respondent has been accorded ample due process of law.

               60. The PSPCA believes that it would be in the best interests of the animals and

the community served by the PSPCA for the Court to establish ownership in the PSPCA of the

animals that arc the subject of this Petition, so that the PSPCA may fulfill its mission by putting

the animals up for adoption by a caring family.




                                               -19­

                                                                                         Case ID: 110503149
                                                                                      Control No.: I J 052791
                                                                                                         PBA078
               WHEREFORE, the Pennsylvania Society tor the Prevention of Cruelty to

Animals prays for orders of this Court establishing its ownership in the animals that are the

subject of the within Petition by entry of Orders in the form attached hereto.



                                                     Respectfully submitted.




                                                     J.J}regg Miller, Esquire
                                                     Linda J. Casey, Esquire
                                                     Pepper Hamilton LLP
                                                     3000 Two Logan Square
                                                     I 8ID and Arch Streets
                                                     Philadelphia, PA 19103

                                                     Attomeys fbr Petitioner
                                                     Pennsylvania Society for the
                                                     Prevention of Cruelty to Animals




                                                                                      Case ID: J 10503] 49
                                                                                   Control No.: Il 05279 1
                                                                                                      PBA079
EXHIBIT A




              Case ID: 110503149 

            Control No.:   J   1052791 

                                   PBA080
                             AFFIDAVIT
       Gregory lordan. being duly sworn according to law, deposes and
says that

        t. 	   Your Afti.snt is               a duly qualified and
               authorized Hum!lne Society Police Officer who has been
               appointed and/or is employed by the Pel'lnsylvania SPCA,
               350 E. Erie Ave, Philadelphia, PA 19134, to investigate
               and prosecute complaints of animal abuse and cruelty in
               Philadelphia County. Pennsylvania

       2. 	    I have been ilwestigating animal abuse cases since June
               2008 as a humane society polke officer. I have investigated
               approximately 2000 cases individually and a..",<;isted other
               humane investigators in approximately 500 additional
               cases.

       3. 	    On June 26,20] O. at approximately 3:41PM your affiant
               responded to a complaint from Phi1adelphia Animal Care
               and C{)ntrol regarding a complaint they received about an
               a.bandoned dog inside of the property


       I/. 	    On June 26th 2010. at approximately 6: 1OPM your affiant
                                  conducted an investigation at
                                                                     I
                knocked loudly a.t the front door and there was no respollSe.
               A lurge black dog was visible in plainsite at the front
                window barking loudly. There is a large pile of clothing
               dumped on the front steps of the property. r intcrvie\\'cd a
               neighbor that statcl the clothing appeared on the steps last
               night. 111e neighbor stated that he has been throwing food
               in the front window fur the dog. The neighbor additionally
               stated that noiJody has been seen coming to the property in
               several days. Your affiant posted a warning notice on the
               front door at this time instructing the animal caretaker!
               re.!iident to contact PSPCA Officers immediately.

      5. 	      On June 2tll 2010 ar approximately 6: lOPYf Your affiant
               returned to the ",bove location for follow up investigation.
               The warning notice was still posted on the front door. Your
               affiant knocked loudly and there was no response at the
               residence, The same large black dog was '\<isibk at the
               front window barking lOUdly. The pile of clothes on the
               front step r observed was still on the front step undisturbed.




                                                                                          [D: 110503149
                                                                                Control   NFG~21 J 05279 J

                                                                                                     PBA081
6. 	     Based upon your affiant 1 s investigation and training. ! 

         believed the dog to be abandoned. and to be deprived of 

         necessary food and water in violation of title 18. section 

         55 t l( e) of PA anti-cruelty law. 


 7. 	    On June 27th 2010, at approximately 7:30PM your affiant
                         i) btained a search warrant for the above

         property. a two noar row home with basement leveL at


8. 	    On lul1e :!71h 2010, at approximately 8:00PM your affiant
        executed search warrant #000094 at the above location.
        There were no persons in the residence. There was a
         blacki\vhite female labrador retrcivCT mix breed dog on the
         first floor ofpropcrty. There was no food avajlable for the
               There was oowl present full of cloudy yellow water.
        The property was unsanitary with dog feces and urine
         stains throughout the entire first floor and basement level of
        property. The property was infested with fleas and insects.
        There was also ball python snake ill an aquarium tank on
        the tint noar. There was 1"10 food or water available to the
        snake. There are multiple items of papcnvork addressed to
                         [ removed the dog and !>nake and
        photographed the property. Your affiant was approached
        by a neighbor outside the property that stated
        resided in the property and that he was the owner of the
        dog. The neighbor additionwly stated that it was believed
        that          wa.~ ~taying in northeast Philadelphia with his
        !iister. The neighbor was unaware of the sister's address.

9. 	    On July til a certitled letter of abandonment was sent to the
        above address notifymg the anima] owner that the
        Pennsylvania SPCA had removed the animal and that they
        must contact the Pennsylvania SPCA within 10 days or the
        animal will be regarded as abandoned.

lO. 	   On July 19th at approximately 3: 15PM your affiant
        conducted a follow up investigation at thc above address.
        This affiant knocked loudly at the front door ilnd there was
        no response. There was a very large accumulation of mail
        in the mailbox. I questioned a neighbor at this time that
        had no additional information as to the whereabouts of the
        owner,




                                                                                           JJ0503149 

                                                              38.         Control ,(')..     1052791
                                                                                                  PBA082
        II. 	   On Ja1114111 2011 at approximately 1:05PM T11is officer
                conducted additional follow up investigation at the above
                address. This affiant spoke with Ruiz Diaz at the above
                location. Mr. Ruiz stated that he is the new property OWnCT
                of the above location and that he has no contact infonnation
                for the fonner property owner                  Mr. Ruiz
                stated that he is unaware of his current location.


        12. 	   As of Feb 101h 2011 I had received no contact from the
                arumal owner Icaretaker of the above location. r have
                received no coornet trom                    I have received no
                response from the certified letter r sent to above location.

        13. 	   Through June 26\i1 20 IO to Feb lOrh 2011 no contact has
                been made by the animal owner/caretaker. Your affiant
                made several attempts to contact animal owner/caretaker
                and they were all unsuccessful.

        14. 	   The Pennsylvania SPCA has had continuous custody of this
                dog and snake since they was removed by search warrant
                on June 26th 2010. It has expended significant time. effort
                and funds to c.are for the dog and s.nake.

        15. 	   The Pennsylvania SPCA requests clear title and o\\-l1er:-hip
                .1f these 1:\110 animals (Dog- TO #A 1083985 J & Snake
                IO#A t 0839855) and a tennlnlltion of any right. 6tle and
                in.terest that the fonner owner had in the dog.

       16. 	    The fortt; ture of this animal is proper and will not affect
                the disposition of any pending citations except as to cur off
                any restitution claim as of the elate of the forfeiture.


Dated: February 10th, 20J 1 By: 





                                                                                   Case ID: 110503149
                                                                                 Control No.~·"l J 052791 .
                                                                                                      PBA083
EXHIBIT B




              Case ID: 110503149 

            Control No.: 11052791 

                              PBA084
                            AFFIDAVIT
                        being duly sworn according to law, deposes and
says that:

        1. 	   Your Affiant is                  a duly qualified and
               authorized Humane Society Police Officer who has been
               appointed and/or is employed by the Pennsylvania S PCA~
               350 E. Erie Ave.                          to inve!:ltigate
               and prosecute c(Implaints of animal abuse and cruelty in
               Philadelphia County, Pennsylvania

        2. 	   1have been investigating animal abuse cases since June
               2008 as a humane society police officer. I have investigated
               approximately 2000 cases individually and ass15ted other
               humane investigators in approximately 500 additional
               caSts.

        3. 	   On August 6.2010, at approximately 2:56PM The
               Pennsylvania SI'CA received a complaint regarding a cat
               abandoned inside of the property
                                       The complaint stated that the
               owners of the property moved out a couple weeks ago and
               abandoned the cat

        4. 	   On August 6th , 2010 at approximately 5: 37P:",t Humane
               Society Police                             amved at the aoovc
               location to conduct an investigation.
               knocked at the front door and there was no response.
                                observed one medium sized grey and
               black domestic :;hort haired cat in the front window that
               appeared to be in fair physical condition,
               then posted a warning notice advising the ownerlanimal
               caretaker to contact Officers within 24 hours regarding the
               complaint of abandonment                          additionally
               attempted to lOterview the neighbors and was able to speak
               with a neighbor two houses down the same block that
               stated they believe they may have 8een someone con,e to
               the hOtL<;e the prior evening but had no additional
               infonnation.                    left this affiant's contact
               Illformation with the neighbor to contact if anyone i!;
               observed entering the above property.

       5. 	     On August il. 2010 at approxnnatejv 7:35PM Your aftiant
               arrived at the above location for foll~w up Jnvestigation.
                                  warning notice for abandonment was




                                                                                  Case rD: J 10503149
                                                                                Control 1\~).~,2j J052791

                                                                                                     PBA085
                                       still posted on the front door. Your affiant knocked loudly
                                       and there was no response at the residence. There is a
                                      medium sized grey and black domestic short haired cat
                                      observed in the front window. Your affiant observed that
                                      the exterior ofthc home appeared closed and secure and
                                      there did not appear to be a way for a cat to entcror exit the
                                      property on its own through any opening. The property is a
                                      two story semi dc:tached house with a front yard. rear yard
                                      and a detached garage. Your affiant had received no
                                      contact from an owner or any neighbor observing the
                                      residenVanimal owner at the time. There was no response at
                                      the adjoining neighbors' houses in attempt to get additional
                                      infonnation regarding occupant of above property.

                              6. 	    On August 8th 2010 as of approximately 2:50Pyf Your 

                                      affiant had received no contact from residentJanimal 

                                      owner/caretaker in regards to the posted aban.donment 

                                      notice. 


                              i. 	    Based upon your affiant's investigation and training~ I 

                                      believed the cat to be abandoned and to be deprived of 

                                      necessary food and water in violation of title J 8, section 

                                      5511 (c) ofPA anti-cruelty law 


                              8. 	    On August 8 th 2010. at approximately 4:41PM your affiam
                                                        obtaIned a search warrant for the above
                                      property, a two story semi detached house with a front
                                      yard. rear yard lind a detached garage. aL


                                                   th
                             9. 	      On August 8 2010, al approximately 5:20PM your affiant
                                       executed search warrant #00011 7 at the above location.
                                      The property W:lS locked and secured and entry was made
                                       through a first floor side window. There were no persons in
                                      the property. 111C'TC was a grey/white domestic ShOlt haired
                                      cat inside the property that was contained by your affiant as
                                      it entered a second fioor rear room. There was no food
                                      available for the cat. There was a container ofwntcr
                                      observed on a second floor rear rOOm. The property
                                      appears In disrepair. Personal belongings and debris are
                                      strewn across the house. The property was unsanitary with
                                     cat feces and urine stains across the floor on the fim floor
                                     and the second floor level. There are multiple items of
                                     paperwork addressed to 'Jadine Nicholson. Your affiant
                                     removed the ca1 and pllotograpbed the prOpe11y. A copy of
                                     the search warrant was left along with a note that contained




~<H?-:' 8- ,22':'   1   89: 3:'2
                                                                                                         Case ID: 110503149
                                                                                                       Control N5:~i 1052791
                                                                                                                         PBA086
        your affiants contact information and infonning that the cat
        was removed and is being held at the Pennsylvania SPCA.

10.     As of September 1711\ 2010 no contact had been made by
        cat ownericaretaker in an attempt to reclaim the cat or to
        speak with your affiant regarding the cat On that date,
        9/1711 0, a cmified letter was sent to the above location
        containing notification of abandonmcnt- return receipt
        requested with tracking number 7008-1830-000 j -7706­
        5261.

 11.    On October glh 2010 the certified letter of abandonment
        your affiant sent to above address was retume4 to the
        Pennsyt"'llnia SPCA with label indicating the letter was
        unclaimed and was unable to be fotvl3.rded.

12.     On February 23 m2010 at approximately 4:44P',,1 Humane
       Otncer                      conducted follow up invcsHgation
       at the above location.                   observed that there
       was no response at the front door and noted that it did no\
       appear that anyone had been at the house recently_
                informed affiant that he was able to speak \vith
       several neighbo::'s at that time and was infonned that no one
       has been resid;ng at the above property and that they are
       Llnawarc as to the current whereabouts ot'the owner, He
       gave them his business card and advised to contact PSPCA
       Officers if they reCeIve any information Tcgarci;ng the
       animal owners,

13.    Through August 6!1I2010 to March 19,h 20i J no contact bas
       been made hy the animal owner/caretaker. Your affiant
       made several attempl<; to contact animal ov.ller/caretaker
       and they were nn unsuccessful.

14.    The Pennsylvania SPCA has had continuous custody of this
       cat since the cat was removed by search warrant on August
       8th 20J O. It has expended significant time, effort and funds
       to care tor tb¢ cat.


15.    Consistent with the mission of the Pennsylvania S peA, it is
       our goal to he able to adopt this cat ifpossible and if
       nceded, to euthllnize if found to be temperamentally unsafe
       of unsound. provide elective veterinary care (such as
       sterilization) and to otherwise care tor. manage, adopt,
       treat, transfer, or otherwise dispose of wlthout IlIlY claim bv
       or recourse from animal owner!                                •




                                                                                 1D:110503149
                                                                         Control 1\F&!?4J 105279 I
                                                                                               PBA087
16. 	    To act:ompiish this, the Pennsylvania SPCA requests clcar
         title and ownership of this animal (Cat- ID# AJ 1 I 94268)
         and a tcrminatio!1 of Ilny right, tide and interest that the
         animal owner!                        had in the cat.

i 7. 	   The forfeiture ofthis animal is proper and will not affect
         the disposition of any pending citations except as to cut orf
         any restitution claim as of the date of the forfeiL"urc.




                                                                           Case ID: j j 0503149
                                                            38:,;        Control Ne.n:! J 05279 I
                                                                                              PBA088
EXHIBITC




              Case [D: 1 10503149 

           Control 1\[0.: 1 105279 J 


                                PBA089
AFFIDAVIT
                      being duly swom according to law, deposes
            and says that:

            Your Affiant is                a duly qLialified and
            authorized Humane Society Police Officer who has
            been appointed andlor is employed by the
            Pennsylvania SPCA, 350 E. Erie Ave, Philadelphia,
            Pennsylvania, to investigate and proseclJte
            complaints of animal abuse and cruelty in
            Philadelphia County, Pennsylvania.

     2. 	   I have been prosecuting and investigating animal
            abuse cases since January 2008 as a Humane
            Society Police Officer. I have investigated hundreds of
            cases of cruelty to animals.

     3	     On January 25. 2011. at approximately 1 :05PM, the
            Pennsylvania SPCA received a complaint regarding
            an abandoned dog at


     4. 	   On Janual)' 25, 2011, at approximately 1 :35PM. I
            arrived at the above location. There was no answer
            at the residence. I heard a dog barking inside the
            property. I posted a warning advising the dog
            owner/caretaker to contact me immediately.

    5. 	    On January 26, 2011, at approximately 10:55 AM, I
            arrived at the above location. My warning was still
            posted on the front door and I heard a dog barking
            inside the property.

    6. 	     On January 26,2011, at approXimately 12:30PM,1
             contacted the complainant. who wishes to remain
            anonymous. by phone. The complainant stated that
            the dog was owned by an acquaintance, Nate, who is
            no longer living at the property. The complainant
            stated that Nate allowed her to walk the dog on
            Janual)' 24. 2011 and that the dog was thin at that
            time. She stated that Nate admitted to her that it had
            been about a week since he had been to the property
            to feed the dog. She stated that the dog is a
            miniature Doberman pinscher named Chic"o.

    7. 	    On January 26. 2011. at approximately 3:!;OPM.
            HSPO       and I executed search warrant number


                                                                        Case ID: ! 10503149
                                                                      Control No.: 11052791

                                                                                       PBA090
      000010 at the property at the above address. I
      observed, photographed, and removed a miniature
      Doberman pinscher from the property. The dog
      appeared to be sllghtly thin. There was no food or
      water available and there was a large amount of urine
      and feces on the floor. There was no heat or
      electricity in the property. I removed a photograph of
      the suspect, a PGW bifl dated 1219/10 addressed to:




      a letter from Wells Fargo addressed to:




      and a citation notification addressed to:




8.    I left a copy of the search warrant, inventory. animal
      surrender slip. and my business card insJde the living
      room of the property..

9.    On January 28,2011, at approximately 3:50PM, I
      contacted the compfainant by phone and left a
      voicemail requesting the current whereabouts of the
      dog owner,

10.   On January 29.2011. at approximately 2:40PM, I
      contacted the complainant by phone and left a
      voicemail message requesting any additional
      information about the dog owner,


11.   On January 30, 2011, I arrived at the above address.
      My original warning was stilf posted on thle front door
      of the property. There was no response at the door.

12    On February 1, 2011 . at approximately 12:45PM. I
      mailed two notification letters of abandonment, one
      regular mail. one certified mail return receipt
      requested, to                         at




                                                                  Case TD: 110503149
                                                                Control No.: 1105279 J

                                                                                 PBA091
       13. 	   On February 8, 2011 the certified letter was returned
               as ·unable to forward."

       14. 	   On February 14, 2011, at approximately 2:10PM. I
               arrived at                                       .
               There was no response at the door. I left a card
               requesting                     to contact me.

       15. 	   I have received no contact from the dog owner and no
               further contact from the complainant at this time.

       16. 	   The dog ls approximately 1-2 years old. The SPCA
               cannot continue to maintain it for the remainder of its
               natural life should the dog owner not be located.

               The dog is friendly and healthy. In order to adopt it
               out, It is our agency's policy that it be sterilized prior to
               adoption.

      18. 	    Consistent with the mission of the Pennsylvania
               SPCA, it is our goa! to be able to adopt this dog if
               possible and if needed, to euthanize it if it is found to
               be temperamentally unsafe or unsound, provide
               electjve vetennary care (such as stenlization) and to
               otherwise care for. manage, adopt, treat, transfer or
               otherwise dispose of it without any claim by or
               recourse from

      19. 	    To accomplish thiS, the Pennsylvania SPCA requires
               clear title and ownership of this animal and a
               termination of any right, title and interest that
                                      has had in this dog.

      20 	     The forfeiture of this animal is proper and will not
               affect the disposition of any possible future charges of
               cruelty to animals against the dog owner for this case
               except as to cut off any restitution claim as of the date
               of the forfeiture.


Dated: March 30. 2011    By:




                                                                                       ID: 1]0503149
                                                                               Control No.: 1 J052791
                                                                                                PBA092
EXHIBITD




             Case fD: 110503 149 

           Control No.: 11052791 


                             PBA093
                                  AliFIDAvrr
                            . being dilly s:wnnl 3ccnrding to law, deposes and
S3y~   that

         I. 	   Your Affiant i"               a duly qU31ified and
                3utborizcd Hum:me Society Police Officer who has been
                appointed ilno, 0" is employed by the Pennsylvania SPCA.
                350 E EriC' Ave, Phitadelphia. PA 19134, to im:cstigatc
                         prosecute wtnp[aint:;: of animal ahuse and cruelty in
                Pllilnde[phiu     COUnly. P~'nn~ylvani,:t


         2              been investigating animal abuse cases since June
                       as J hmmnc society police officer, I have invclitigated
                Jpproxim3ldy :~ooo CJses indl\'idually and assisted other
                humane investigators in approximately 500 additional
                cases.

                                19 th 2010. at approximately 3:33 PM Your
                          I<!:;;ponded to a complaint of a cat left abandoned
                in.-;idc of the property


         ·cl.                         10[0. <11 appro;'omatdy 3:33PM Your
                           conduct,::d an IIwestigatlon ill
                                                          Tknocked loudly at the
                          door ;'Ind Lherc was no rcspr)l1se. Tl,cre W3S a "hong
                odor         cat urin c at the front door. At the bottom of the
                          dC'Of your affiant observed multiple pieces of cat
                protruding frQr:) under the door. There was 3 large amount
                \)fm:1l1 visible in plaintiite 110m a partially open mailbox to
                thc right or The front clQ~lL This affiant heard sCJtmd of a c,U
                crymg loudly from inside of the house. This affiant
                mrtnicwed a next door neighbor that stated that the
                property owner        not been St'en coming t('I the properly in


         6. 	            upon yNlr affiant';:; mvcstigatlOn and trami ng, :
                heiu::n:-d the c;H to be In un::;anitary conditions. and to he
                neg;cct0d and deprived () f necessary food and \>,:att"T m
                violation ofTltlc J S, S~(;ti(ln 1 ((c) of PA anli-crut'lty
                l:l\v.


                ill1\IH.'ll$t 191h :OHJ. ,11 approximale!v            .q:OOPi'>1 VI)ur
                affiant                           oorailH.'d a search warrant [('Ir the
                           nrop£rt\'.   (J   two nOM sctllHlctached masofl.,,)' hou:.c




                                                                                            Case .ID: 110503149
                                                                                          Control Ne,)J1 J 052791
                                                                                                              PBA094
                      '.'.'ith rear yard. 31


              3. 	        Augu5t 19th 20 10. at appro;omately 8:30P;vl your
                      affiant executed ~earch warrant ~·000126 at the above
                      !oC(1tion.   (lilt: is home at this time. TIle mail has been
                      removed from mailbox. "eighbor Rita Baiky stated that
                      n:sidem known as              left ~ couple weeks ago and has
                      not bel'll <;cen since T~,is amant made entry into the
                      propL'rty thrml?Jl n rear window. Inside of property is
                      cov.;:rcd in debri< :md cat feces. The living room ceiling and
                      f;m       e fallen from fhe eei! i11g onto the floor of the first
                      fl()!)r [eve I. There it; cat feces loose on the tl()or of all rooms
                      on the !lrst Hllor the house There 1$ :1 deceased cat on
                      lite        mom floor with ma.ggots (In it. There are two [iYe
                      C!IS   in I.~mactatcd mnciitiofl ;.:ovcred in tleas in the living
                      wow th;}t           (]    cl.1nl.amed to be removed On the
                      u-r'/'lr,d 11001' there was cat it:ces spread across the floor

                      .:til 1'00111:;.   Ther1~     i$ one hack room that
                                                                     rccC'ntly   \1,.',1;;

                      p3i nted. There is one deceased cat in the ",econd floor frClnt
                      room, The \:la!'ernent is covered in cat feces. There J5 no
                      food or \V,ltcr prc5cnr in the property for the cats to access.
                     The house is Ili1apldJted, falling apart. and unsanitary,
                      T         311d In~,pcctlnrls Inspector ."\1 ;v1cCarthy arrived on
                     scene and                the condit1ons, He stared tomorrow the
                              \v:ll    posted unfit for habitation. A neigbbor staled
                     I\.;)rcn ~!nd                           arc the resHicnts and that
                     it 1S believed             mil)' be in Friends IJOspit;11 I
                                  m3iJ 2nd photographs for                          and
                     \Vater hill and :norr£ugc statement

            () 	     On August 31 sf a certified letter of ahandonment was sent
                     to t:1C o.b0ve address nOll fYlng tIle animal owner that the
                     PCnlL;ylv:mia S PCA had removed two cat~ ;111<1 rhot they
                     must cont~ct the Pf'nnsy1\'~nia SPCA within 10 days ('II' the
                                   he rC::O:lf'Ckd as. ab:mdoned, The trackinrr
                                                  '"" 	                       ..::.
                                                    00023234

            1i)                       lW10 the certified letter abandonment
                     vnu, "f::ant :ie'lt W~1S returned to the PSPCA m:;rked .:IS
                     unclaimed

            1 i, 	   On Seplembcr 1                       ;!Ol [) at 3pproximatcly 12: I "7P\1   'lOur
                     affiant conduc:ed a tollow up investigation at the ilb~vc
                     adJress. This ;:)ffianr knocked loudly at the from door and
                     1'hl.:.r<2. 'vas no response. Tlv:re was :1 very large




·-<t·   ,
                                                                                                                ID: 110503149
                                                                                                         Control N~,   1052791
                                                                                                                            PBA095
                              ;:)<.:cumulation 0[ mail in the mailbox. I attempted lO
                              question next door neighbors and there \Y<lS no response. I
                                    mv business card in the neighbor's door with note to
                              C('ntaci your a fA (iJIC

                                                         1
                   "	         On September 171: 20 lOIn an attempt Lo locate O\"IIner 1
                              contacted Fricnc's Hospital by telephone and was infonnco
                              there had not h~l~n any patients treated at the fac1l1ty named



                   13         On J~\n.uary 141J 2011 at approximately 3:09PM your 2Jtl3nt
                              conduct::d a follow up investigation ct the above .address.
                                   Jffi,1rH knockcclloudly at the front door and there \'v'ilS
                                               There "sas a vcry large accumulallon of mail
                                                   from (he front doorknoh. r attempted to
                                         next donr ndghbors and there wa$ no response.
                                           ;:It     property appear 10    in the samt:
                                            as V::1en    thl~   wClrrant. wa:: executed.

                   !4         :hrough AuguSt t 9"" 20 I {) to \cray 9th 2011 no contact h::l:9
                              bet'll made bv the :mimal owner/caretaker. Your affiant
                                     several 3ttcmpts to contact animai O\vnel"carctaker
                                           \"'ete       llOsucceS5 fuL

                   15. 	                       vania SP(~:\ has had        conlin~lous cu~tody   of
                              ttl,-::C 	two cat;; :tinc.::        were fCi'rloq:d by search \l;arr:mt
                                                                     expended ~:,agniiic:lnt tunc,
                                                 i11
                                               9 20 :0. It
                                                       to care for the~e two cals.

                              The                   SPCA rcque::;ts clear tiCe and o\vnership
                                 these two animals (Cat- ID IU\ 11276507 & Cat
                                   \, 1 L1765lNhmd a termination of any rirl1t. title and
                              :nlcrcs'. ih:}: the fbnm'r owner had in the cats.
                   \'7
                                    forfeHure nf these :lmmals is proper and will not affect
                              tb~ dlSP().:;iw>n (·f en;, PC'nding Cilari("ns except <1:' to cut (Iff
                              ilr1y             claim 3S of [he dare of the forfeilurc.


        Dated: 	           9th. ;;01




-.J?­
                                                                                                          CaseID: J10503149
                                                                                                        Control N,,'uJl J 052791
                                                                                                                              PBA096
EXHIBIT E




                    ID: 110503149
            Control No.: 11052791
                            PBA097
AFFIDAVIT
                     being duly sworn according to Jaw, deposes
            and says that:

     1. 	   Your Affiant is                a duly qualified and 

            authorized Humane Society Police Officer who has 

            been appointed and/or is employed by the 

            Pennsylvania SPCA. 350 E. Erie Ave. Philadelphia, 

            Pennsylvania, to investigate and prosecute 

            complaints of animal abuse and cruelty in 

            Philadelphia County. Pennsylvania. 


     2. 	   I have been prosecuting and investigating animal
            abuse cases since January 2008 as a Humane
            Society Police Officer. I have investigated hundreds of
            cases of cruelty to animals.

     3. 	   On March 11, 2011, at approximately 2:50PM, the
            Pennsylvania SPCA received a complaint from a
            representative of the Philadelphia Gas Company
            regarding an emaciated. abandoned dog inside the
            property at


     4. 	   On March 11,2011, at approximateiy 3:20PM, I
            arrived at the above location. Philadelphia Gas
            Company employees, including an emergency
            locksmith. were on location responding to a report of
            a strong gas smell coming from the property. The
            residents at the property were not on loc-ation. I
            observed an emaciated black and white pit bull inside
            the property. There was a farge build up of mail at the
            front door. The PGW representative stated that he
            did not believe there was anyone living at the
            property. I posted a warning on the front door
            adVising the dog owner/caretaker to contact me
            immedjately.

    5. 	    On March 11, 2011. at approximately 5:55PM, I
            received a voicemail message from one e)f the PGW
            workers that had been on location. He stated that the
            name on the gas account is                and that
            her phone number is                . I attempted to
            contact              by phone. The number had
            been disconnected.




                                                                        Case ID: I J 0503149
                                                                      Control No.:   J   J 052791

                                                                                            PBA098
 6, 	   On March 12.2011 \ at approximately 1:15PM, I
        executed search warrant number 0000:,7 at the
        property at the above address, I photographed and
        removed an emaciated black and white female pit bull
        from inside the property. There was no food or water
        available for the dog. I also removed an Atlantic City
        High School 10 card, a document from the state of
        New Jersey Department of Labor and Workforce
        Deveropment, land a statement of probation from New
        Jersey with the name
        on them.

7. 	    I left a copy ofthe search warrant, inventory. animal
        surrender slip. land my business card inside the living
        room of the property.

8. 	    On March 18.2011. at approximately 12:10PM. I
        received a phone call from                . She stated
        that the dog belongs to her baby's father.
                 and that she thought that he had removed it
        from the property. She stated that she had been
        staying with family for approximately 2-3 weeks and
        that                 was not supposed to be at the
        property at the above address. She gave me
                                                 .

9. 	                a.
        On March 1 2011 , at approximately 12: 15PM, I
        attempted to contact              by phone twice.
        There was no response and I was unablf~ to leave a
        voicemail message.

10, 	   On March 29.2011, at approximately 12:00PM.'
        attempted to contact                   by phone. A
        male answered: the phone. I asked if he was
               and idel!1tified myself. He stated that he was
        not                   but that he would relay a
        message, I advised him that                     dog
        was at our shelter and that I needed to speak to him
        about surrendering the dog. The man agreed to give
                       the message.

11. 	   On March 29,2.011, at approximately 2:50PM, I
        mailed two noti1ication letters of abandonment. one
        regular mail, one certified/retum receipt fi3quested. to
                        at the above address.




                                                                     Case ID: 110503 J 49
                                                                   Control No.: ] 1052791

                                                                                     PBA099
       12. 	   On April 21. 2011 the certified fetter was retumed as 

               unclaimed/unable to forward. There is no forwarding 

               address on flier for                 


       13. 	   As of May 10, 2011 there is no record of       

                      being incarcerated according to the PA docket 

               website. 


      14. 	    The Pennsylvania SPCA has had continlJous custody 

               of this dog since It was removed by warrant on March 

               12,2011. It has expended significant time, effort and 

               funds to care for the dog. 


      15. 	    The dog is approximately one year old. The SPCA 

               cannot continue to maintain it for the remainder of its 

               natural life should the dog owner not respond to my 

               repeated attempts to make contact. 


      16. 	    in order to adoll>t the dog out, it is our agl:mcy's policy 

               that it be sterilized prior to adoption. 


      17. 	    Consistent With the miSSIon of the Pennsylvania 

               SPCA. it is our goal to be able to adopt this dog if 

               possible and jf needed, to euthanize it if is found to be 

               temperamentally unsafe or unsound, provjde elective 

               veterinary care ~such as sterilization) anc to otherwise 

               care for. manage, adopt, treat. transfer or otheMise 

               dispose of it without any claim by or reCOIJrse from 

                                


      18. 	    To accomplish this, the Pennsylvania SPCA requires 

               clear title and ownership of this animal and a 

               termination of any right, title and interest that 

                             hadi in this dog. 


      19. 	    The forfeiture of thIS animal is proper and will not 

               affect the dispOsition of any possible future charges of 

               cruelty to anim~js against the dog owner for this case 

               except as to cut off any restitution claim as of the date 

               of the forfeitu


Dated: May 10. 2011 By:




                                                                                 Case ID: 110503149
                                                                               Control No.: I J 052791

                                                                                                 PBA100
                MEMORANDUM OF LAW 

         (Attachillg FornlS of Dispositive Orders and 

                     Certificate of Service) 





#15174021 vI




                                                          PBA101
 j. Gregg Miller, Esquire
 Attorney to. Number 04527
 Linda J. Casey, Esquire
 Attorney to. Number 83611
 Pepper Hamilton LLP
 3000 Two Logan Square
 18th and Arch Streets
 Philadelphia. Pennsylvania 19103-2799
 (215) 981-4085                               Attorneys for Petitioner




                           COURT 01<' COMMON PLEAS 

                      PHILADELPHIA COUNTY, PENNSYLVANIA 

                            FIRST JUDICIAL DISTRICT 



 THE PEi'.TNSYLVANIA SOCIETY FOR THE
 PR[WENTION OF CRUELTY TO ANIMALS
 350 E. Erie A venue
 Philadelphia, PA 19134                       CIVIL ACTION

                     Petitioner

               VS.




#14241211 vI

                                                                         Case ID: 110503149
                                                                    Control No.: 11052791

                                                                                       PBA102
                             Respondents


                     MEMORANDUM OF LAW IN SUPPORT OF THE PETITION 

                   OF THE PENNSYLVANIA SOCIETY FOR THE PREVENTION OF 

                      CRUELTY TO ANIMALS ("PSPCA") TO ESTABLISH THE 

                  PSPCA'S OWNERSHIP OF CERTAIN ANIMALS THAT HAVE BEEN 

                 SUBJECTED TO ANIMAL CRUELTY AND HAVE BEEN ABANDONED 


                     The Petitioner herein, The Pennsylvania Society for the Prevention of Cruelty to

 Animals r'PSPCA"), by and through its attorneys, J. Gregg Miller, Esquire and Linda J. Casey,

 Esquire, hereby files the within Memorandum of Law in Support of the Petition of The

 Pennsylvania Society for the Prevention of Cruelty to Animals ("PSPCA") to Establisb the

 PSPCA's Ownership of Certain Animals that have been Subjected to Animal Cruelty and have

 been Abandoned. The substance of this Memorandum of Law is set forth in numbered

 parabTfuphs 45-60 of the section ofthe Petition entitled ARGUMENT. The Court may not wish

 to read the same material twice. Petitioner does not request the Court to read the same material a

second time.

                                        STATEMENT OF .'ACTS

                     Petitioner, The Pennsylvania Society for the Prevention of Cruelty to Animals

("PSPCA"), is a Pennsylvania non-protlt corporation whose headquarters are located at 350 East

Erie Avenue, Philadelphia, Pennsylvania 19134.

                     The PSPCA is organized, in part, to receive and investigate criminal complaints

of animal cruelty, abuse, neglect or abandonment, and to prosecute suspects under the Animal

Cruelty Law, 18 Pa. C.S.A. §5511.




                                                    -2­
#1~241,11   ,I

                                                                                           Casc[D: 110503149
                                                                                       ('ontroJ No.: 1 J 05279 J

                                                                                                           PBA103
                       The Humane Society Police Officers C'HSPOs") maintained by the PSPCA are

 empowered to enforce the Animal Cruelty Law, 18 Pa. C.S.A. §5511, by virtue of statutory

 authority conferred upon said Society's officers upon the satisfaction of various criteria, 22 Pa.

 CS.j§ 3704. 3705 and 18 Pa. C.S.A. §5511(i):

                       POWER TO INITIATE CRlMINAL PROCEEDINGS. An agent
                       of any society or association for the prevention of cruelty to
                       animals, incorporated under the laws of the Commonwealth, shall
                       have the same powers to initiate criminal proceedings provided for
                       pulice ofticers by the Pennsylvania Rules of Criminal Procedure,

 The I [SPOs arc also authorized by the Dog Law, 3 P.S. §459-102, to perfOlm "Dog Control,"

 which includes "apprehending, holding and disposing of stray or unwanted          dogs.'~    Three of the

 animals that arc the subject of this Petition are dogs.

                       The HSPOs involved in the investigations that are described in this Petition were

 authorized and commissioned within Philadelphia and were sworn in by the Court of Common

 Pleas of Philadelphia County.

                       The primary mission of the PSPCA with respect to animals in their possession is

 to safely house, feed. care for, treat, provide elective veterinary care (such as sterilization) and to

 adopt out to loving families such animals. "rhe PSPCA also has the power to euthanizc animals

 under certain circwnstances, but the greatly preferred alternative is to adopt out the animals to

 loving families. To adopt out the animals, the PSPCA needs clear title and ownership of the

animals that are the su~iect of this Petition, and termination of any right, title and interest that Ole

respondents may have had in these animals.

                       During the past year, the PSPCA's Humane Society Police Officers investigated

complaints of animal cruelty, neglect and abandonment that were alleged by third parties against

                                                                                    and

                the respondents in this action.


1114141211 vi

                                                                                                     ID: 110503149
                                                                                             Control No.: II 05279]
                                                                                                               PBA104
                In each case, one or more animals were recovered by the HSPOs from premises

 inhapited by the respondents pursuant to authority contained in §5511(1), which authorizes a

 lIumane Society Police Officer to obtain a search warrant and to seize an animal that is subject

 to animal cruelty, including abandonment, and to take it to the PSPCA for care and treatment. In

 each case, a search warrant was obtained betore the animal was taken.

                As set forth in the affidavits of the Humane Society Police Officers that are

 attached hereto as Exhibits A-E, each of the animals that is the subject of this Petition was

 subjected to animal cruelty and was abandoned in violation of Pennsylvania law. 18 Pa. C.S.A.

 §5SII(c) and 3 P.S. §459-601(c).

                The PSPCA has been continuously caring for these animals. Such care is

 expensive. 1111.: PSPCA should not be expected to continue to care tor the animals for the rest of

 their lives, when adoption is a better alternative for both the animals and the PSPCA. The

 PSPCA wishes to put the animals up for adoption to good homes. However, in order to adopt

 out the animals~ the PSPCA must have ownership of the animals in order to convey good title to

 an adoptive family. free and clear of any later cJaim of ownership by the respondents. It is for

this reason that the within Petition has been filed with the Court.

                                           ARGUMENT

                In each of the above cases, the animals were subjected to animal cruelty at the

hands of the respondents, which is a crime under J 8 Pa. e.S.A. 5511(c). However, as indicated

in the attached affidavits, the defendants have fled, thereby avoiding conviction for their crimes

and forfeiture of the animals by statute. 18 Pa. C.S.A. 551 I(m).

                At this time, the PSPCA is entitled to ownership of the animals because (i) the

animals have been abandoned, (ii) the animals are "derivative contraband" in which respondents

have no further right. title or intere&1, (iii) the PSPCA has spent, and continues to spend on a

                                                 -4­
';112412:1 vi

                                                                                         Case ID: 110503149
                                                                                      Control No.: 11052791

                                                                                                       PBA105
daily basis, time, effort and money in the housing, care, feeding and maintenance of the animals

for which it has a statutory lien, and (iv) the respondents have been acc{)rded ample due process

of law with respect to any rights they may have had in the animals,

  THE ANIMALS HAVE BEEN ABANDONED, AND THE PSPCA MAY TAKE TITLE
                            TO THEM

                In each of the above cases, the animal was abandoned by its owner. In

Pennsylvania, "abandonment" is a crime under both the Animal Cruelty Law, 18 Pa. e.S.A.

§5511 (c) and underthe Pennsylvania Dog Law, 3 P.S. §429-601 (c). Under Pennsylvania law, a

dog is personal property. Dog Law, 3 P.S. §429-601(a). Specifically, the Dog Law §459-601

provides, in pertinent part, as follows:

                (a)    DOGS TO BE PERSONAL PROPERTY. - - All dogs are
                hereby declared to be personal property and subjects of theft.

                (el     ABANDONMENT OF ANIMALS BY OWNER. - ­

                       (1)     It shall be unlawful tor any person to abandon or
                attempt to abandon any dog within the Commonwealth. Anyone
                convicted of abandoning or attempting to abandon any dog within
                the Commonwealth shall pay a fine of not less than $300.00 and
                not more than $1,000.00, plus costs.

Under well-established principles of Pennsylvania law, if property is abandoned, then a third

party (in this case the PSPCA) may claim ownership of such property. Under Pennsylvania law,

cats "arc also personal property, Neefe v. Ncefc. 16 Just. 16 (1900); The Cal and the Law. 12

Temple LQ. 89 (1937). Wild animals are not subject to ownership until reduced to actual

possession, custody or control, at which time such animals become personal property. I

pel!llsylvalli<!L!l~w Encvclopedia - Second Edition, "Property" § I Reptiles sold by pet stores,

such as snakes. alligators and turtles. are considered personal property. Therel(m.~. the cats, and

the snake, as well as the dogs, that are included in this Petition are personal property subject to

abandonment under Pennsylvania law.


                                                 -5­
                                                                                         Case ID: 110503149
                                                                                      Control No.: 1 1052791

                                                                                                        PBA106
                 Under Pennsylvania law, property may be abandoned if there is "an actual and

 voluntary relinquishment of possession and ownership," in which case "the property ceases to be

the property of any person and becomes the subject of appropriation by thefiTst taker." 39

Pennsylvania Law Encyclopedia· Second Edition, "Property" § 3 L In Fidelitv - Philadelphia

Trust Co. v. Lehigh VaHey Coal Co .. 294 Pa. 47, 143 A. 474 (1928), the Pennsylvania Supreme

Court held that a decedent had abandoned and relinquished all title and interest in a culm bank

when he deposited the culm on land     o~ned   by another person, the culm was valueless, and for an

extended period of time the decedent exercised no dominion over the culm and failed to prohibit

others from taking from the culm bank. In Calhoon v. Neely, 201 Pa, 97. 50 A, 967 (1902), the

Pennsylvania Supreme Court held that a lessee had abandoned an oil and gas lease which had a

 15·year term when, after drilling a test well and finding no oil, the lessee removed its equipment

and abandoned the site tor 9 years. Then, a third-party drilled successfully, and the initial lessee

returned, becoming "active at the sight of oil flowing from wells drilled by others." The Court

held that thl! initial lessee had abandoned the lease. stating:

                Ab.mdonmcnt is a question of fact to be determined by the acts and
                intentions of the parties. An unexplained cessation of operations
                for the period involved in this case gives rise to a fair presumption
                of abandonment and, standing alone and admitted, would justify
                the court in declaring an abandonment as a matter oftaw.

                More recently, the Pennsylvania Superior Court has held that a man abandoned a

shotgun to the chief of police when he asked the chief to destroy or otherwise dispose of the gun,

~=Q.mmonwealth v. Wetmore, 301 Pa. Super. 370; 447 A.2d 1012 (Pa. Super. 1982). The U.S.

Ban~ruptcy Court lor the Eastern District ofPenllsylvania has held that a coal company

abandoned a quantity of silt that contained some coal after it deposited the silt on property owned

by a third-party. did not segregate or mark the silt deposit, and did not claim an interest in the silt



                                                 -6.
                                                                                           Case lD: 110503149
                                                                                        Control No.. 11052791
                                                                                                          PBA107
fOf an extended period of time, In rc: O.M.P. Land Company, 33 B.R. 729 (Bankr. E. D. Pa.

1983).

               £n the instant case, the respondents have abandoned their animals by l1ecing the

premises, leaving the animals behind, and failing to claim them or otherwise respond to notices

from the H.wnan Society Police Officers of the Pennsylvania SPCA. Under these circumstances,

the Pennsylvania SPCA is entitled not only to seize the animals but also to become their owner.

               In addition to the foregoing general principles of Pennsylvania Jaw regarding

abandonment, the Dog Law provides at 3 p.s. §459-102 the foJIowing definitions:

               "ABANDON." To forsake entirely or neglect or refuse to provide
               Of perform the legal obligations for the care and support of an
               animal by its owner or its agent.

               "ABA~DONMENT." Relinquishment of all rights and claims to
               an animal by its owner.

               When taken together, these definitions indicate that, in circwnstances where a dog

owner will "neglect or refuse to provide or perform the legal obligations for the care and support

of" its dog., then the dog will be deemed "abandoned;" and the consequence of such

"abandonment" will be the "relinquishment of all rights and claims to" the dog by its ovmer.

Thus, pursuant to the Dog Law, the respondents in this case have "abandoned" their dogs by

failing to provide the legal obligations of care and support that they owed to such dogs. As a

consequence of such "abandonment;' they have relinquished all rights and claims to such dogs

pursuant to the Pcrmsylvania Dog Law, 3 P.S. §459-102. Therefore, the PSPCA may properly

assume ownership of the dogs, may take over the obligations of care and support, and may find

good adoptive homes for the dogs.




                                               -7­
                                                                                     Case ID: 110503149
                                                                                   Control No.: I 105279 J

                                                                                                     PBA108
 THE'ANIMALS ARE DERIV ATIVE CONTRABAND WITHIN THE DOCTRINE OF
 COMMONWEALTH V. ALLEN; AND THEREFORE RESPONDENTS HAVE NO
 FURTHER RIGHT, TITLE OR INTEREST IN SUCH ANIMALS.

                In each of the above cases, an animal was subjected to cruelty, neglect and

 abandonment at the hands of the respondents, which are criminal acts under Pa. e.S.A. 551 J(c)

 and 1 P.S. §601(c).However, as indicated in the attached affidavits, the respondents have ned.

 avoiding conviction for their crimes, or have otherwise failed to respond to the PSPCA. The

 PSPCA is entitled to the animals as "derivative contraband" because the animals were involved

 in the commission of crimes of animal cruelty. Conviction is not necessary to support a

 forfeiture of property as "derivative contraband:'

                Under Pennsylvania law, animals which have been the subject of unlawful acts of

 animal cruelty, 18 Pa. e.S.A. § 5511(c). constitute "derivative contraband;" and their owncr(s)

 have no legitimate continuing property interest in the animals. Commonwealth v. Allen, 918

 A.2<1 781, 2006 Pa. Super. LEXIS 5323 CPa. Super. 2006), as reported and explained in Allen v.

 Pennsylvania Sl~r A, 488 F, Supp. 2d 450 (M.D,Pa. 2007) (at p. 457):

               [B]ecause we conclude that the animals seized did, in tact,
               constitute derivative contraband, in that they were the subject of an
               unlawful act under 18 Pa. e.s.A. § 5511 (c), we find that the trial
               court erred in concluding that they were not contraband; thus,
               [A]llen was entitled to nothing and, a fortiori is entitled to no relief
               on appea1. However, as the Commonwealth did not appeal the trial
               court's award [01'$750.00], we will not disturb it

               The animals at issue in the Allen case, 8 horses, 4 goats and 2 pigs, were seized

from Mr. Allen on animal cruelty charges. The initial conviction of Allen for animal cruelty was

reversed on appeaL but the animals were nevertheless held to be "derivative contraband." When

Allen brought a civil rights suit for a violation of his rights under the U.S. Constitution with

respect to the animals, the U.S. District Court gave preclusive effect to the Pennsylvania



                                                 -8~
"1424121) ,1

                                                                                            Case ID: ] 10503149
                                                                                          Control No.: 1105279 J

                                                                                                            PBA109
 Superior Court's finding that the property was contraband. The U.S. District Court held (at page

 467):

                  Because Allen cannot establish a constitutionally protected
                  property interest in the animals, he is unable to assert that the
                  defendants' retention of the same was an unlawful seizure or
                  taking. Additionally, without a constitutionally protected property
                  interest, Allen cannot challenge the adequacy of the
                  Commonwealth~s procedures with respect to seeking the return of
                  the animals. Hence, Allen's Fourth, Fifth, and Fourteenth
                  Amendment claims relating to the retention of his animal.s fail as a
                  matter of law and will be dismissed.

                  The difference between contraband per se and "derivative contrabwld" was

 explained in Commonwealth v. Fassnacht, 246 Pa. Super. 42, 46, 369 A,2d 800, 802 (1977):

                  In this evolution, two distinct classifications of contraband have
                  been developed: contrabaIld per se and derivative contraband.
                  Contraband per se is property the mere possession of which is
                  unla'hful. One 1958 Plymouth SedaIl, [v. Commonwealth of
                  Pennsylvania, 380 u.s. 693, 85 S. Ct. 1246, 14 L. Ed. 2d 170
                  (1965»), supra; United States v. One Lot of 18 Firearms, 325 F.
                  Supp. 1326 (D.N.H. 1971), Heroin and '''moonshine'' whiskey are
                  examples of contraband per Sf!. Derivative contrabaIld is property
                  innocent by itseU: but used in the perpetration of all unlawful act
                  An example of derivative contraband is a truck used to trWlsport
                  illicit goods.

                  In PetitjsmofMaglisco, 341 Pa. Super. 525,491 A.2d 1381 (Pa. Super. 1985), the

 PcnnsylvaIlia Superior Court upheld the forfeiture of a pistol as derivative contraband where a

woman shot her husband with the pistol. but the charges were later dropped. The Court's

opinion makes it clear that "there need not be an underlying conviction of a crime 10 support the

forfeiture." (at page 530).

                  In the instant case, the animals were seized by the Humane S{)ciety Police

OtTicers of the PSPCA because the animals were the subject of the crime of animal cruelty. The

respondents have ned, thereby evading prosecution and conviction for the crime of animal

cruelty. However, conviction nfthe crime is not necessary. A preponderance of the evidence in

                                                  -9­
~112·11211   vi

                                                                                                ID: 110503149
                                                                                         Control No.: 11051791

                                                                                                          PBA110
these cases indicates that the animals were the subject of animal cruelty. Such evidence is

suffieient to support a forfeiture of the animals as "derivative contraband:' Maglisco (at page

531). The respondents have no further legitimate right, title or interest in or to the animals.

Rather. the animals have been forfeited to the Pennsylvania SPCA.

Tf IE ANIMALS ARE SUBJECT TO A LIEN FOR THE COSTS AND EXPENSES OF THE
PSPCA WHICH ARE PAYABLE BY THE RESPONDENT; AND IT IS INEQUITABLE TO
BURDEN THE PSPCA Wrnl ONGOING COSTS AND EXPENSES WHEN THE MORE
FA VORED ALTERNATIVE OF ADOPTION IS AVAILABLE.

               The costs and expenses that the PSPCA has incurred, and continues to incur on a

daily basis, with respect to each of the animals gives the PSPCA both an equitable right to the

animals and a legal claim to the animals. The Animal Cruelty Law provides that the PSPCA has

a lien on the animals in the amount of the costs and expenses that the PSPCA has incurred in

housing, caring for and l:Cecling the animals in each case where, as here, a search warrant is

obtained before the animal is seized and removed to the PSPCA for care and shelter, 18 Pa.

C.S.A. 55110):

               SEARCH WARRANTS. - - Where a violation of this section is
               alleged, any issuing authority may, in compliance with the
               applicable provisions of the Pennsylvania Rules of Criminal
               Procedure, issue to any police officer or any agent of any society
              or association for the prevention of cruelty to animals duly
               incorporated under the laws ofthis Commonwealth a search
               warrant authorizing the search of any building or any enclosure in
              which any violation of this section is occurring or has occurred,
              and authorizing the seizure of evidence of the violation including
               but not limited to the animals which were the subject of the
                                                                                 ..
                                                                                  '
              violation. Where an animal thus seized is found to be neglected or
              starving, the police officer or agent is authorized to provide such
              care as is reasonably necessary. and where an animal thus seized is
              fOW1d to be disabled, injured or discase·d beyond reasonable hope
              of recovery. the police officer or agent is authorized to provide for
              the humane destruction of the animal. The cost of the keeping,
              care and destruction 0 r the animal shall be paid by the owner
              thereof and claims tor the costs shall constitute a lien upon the
              animal. (Emphasis added.)


                                               -10­
                                                                                         Case ID: 110503149
                                                                                      Control No.: 11052791

                                                                                                       PBA111
 In view ofthe extended time periods during which the PSPCA has cared for the animals that are

 the subject of this Petition, the costs and expenses exceed the market value of the animals.

 Therefore, the animals are unlikely to be reclaimed by any of the respondents. If respondents did

 try to    reclaim the animals, they would be unable to do so unless they first paid the PSPCA the

 dollar value of the costs and expenses that have been incurred by the PSPCA and which

 constitute a lien on each of the animals 18 Pa. C.S.A. 55) 1(1), The PSPCA submits that it is

 inequitable to burden the PSPCA with ongoing costs to care for the animals when they could be

 adopted by responsible families.

 THE RESPONDENTS HAVE BEEN ACCORDED DUE PROCESS OF LA W.

                   The Pennsylvania SPCA '5 operating procedures require its Humane Society

 Police Officers to search for missing animal owners as follows:

                           (i)     check U.S. Post Office for forwarding address;

                           (ii)    check with neighbors and relatives, if any, for current location or
                                   forwarding address;

                           (iii)   check jail rc-eords ifncighbors or relatives indicate that the missing
                                   owner is in jaiL


 The Humane Society Police Officers followed these procedures to attempt to locate the missing

 owners who are respondents in this matter.

                   'fhe U.S. Constitution's Due Process Clause requires that a person whose property

 is being taken be provided with notice and opportunity to respond. Cleveland Board of

Education v. Loudermill, 470 US 532 (1984). Also, the Pennsylvania Supreme Court has held

that the basic elements of procedural due process are adequate notice, the opportunity to be

heard, and the chance to defend oneself before a fair and impartial tribunaL Commonwealth of

Pennsylvania vs. Wright, 599 Pa. 270, 293, 961 A.2d 119, 132 (2008); Commonwealth of


                                                   -11­
111414i211 "J

                                                                                             Case ID: 110503149
                                                                                         Control No.: 11052791

                                                                                                            PBA112
Pennsylvania vs. Clayton. 546 Pa, 342, 35 I. 684 A.2d 1060. 1064 (1996); Parker vs. Kensington

Hos'p ital , 483 Pa. 106, 130,394 A.2d 932, 945 (1978). This legal principle applies in connection

with the taking and disposition of animals. Commonwealth v. Gonzalez, 403 Pa. Super. 157.

588 A.2d 528 (1991); but §ee, Conunonwealth v. Barnes, 427 Pa. Super. 326. 629 A.2d 123

(1993). However, due process need not be provided in the absence of a valid property interest

that)s entitled to protection. In the instant case, as in Allen v. Pennsylvania SPCA, supra,

respondents have forfeited their property interests in the animals under the doctrine of

"derivative contraband." The U.s. District Court held that Allen's claims against the PSPCA. et

al., for violation of his right to due process of law w1der the Fourth, Filth and Fourteenth

Amendments failed and must be dismissed. stating:

               These claims fail, however, because this court must give preclusive effect to the
               PelUlsylvania Superior Court's finding that the property was contraband and that
               Allen could have no legitimate property interest in the anImals. Without a
               constitutionally protected property interest in the animals. Allen cannot claim that
               their prolonged seizure violated the Fourth Amendment or that it amounted to a
               Fifth Amendment taking! nor can he claim that he was denied due process with
               respect to his efforts to have the animals returned to him. Allen, at p. 467.


               Each of the respondents has been accorded ample notice and an opportunity to

claim its animal(s). Each respondent has failed to do so. Now, the within Petition is being

served on each respondent at its last kno\\TI address from which the animal in question was

removed by the PSPC A Service of the Petition provides each of the respondents with a final

notice and opportunity to be heard in Court. Under all the circumstances ofthe case, each

respondent has been accorded ample due process of law.




                                               -/2­
                                                                                               ID: 110503149
                                                                                     Control No.: 1 J052791
                                                                                                       PBA113
                                         CONCLUSION

                Based on the foregoing authority, this Court should establish ownership in the

PSPCA orthe animals that are the subject of this Petition, so that the PSPCA may fulfill its

mission by putting the animals up for adoption by a caring family.



               The Pennsylvania Society for the Prevention of Cruelty to Animals respectfully

requests for an order of this Court establishing its ownership in the animaJs that are the subject of

the within Petition.



                                                       Respectfully submitted,




                                                       1. ~regg Miller, Esquire
                                                       Linda 1. Casey, Esquire
                                                       Pepper Hamilton LLP
                                                       3000 Two Logan Square
                                                          th
                                                       18 and Arch Streets
                                                       Philadelphia, P A 19103

                                                       Attorney for Petitioner
                                                       Pennsylvania Society for the
                                                       Prevention of Crueltv to Animals
                                                                          "




                                               - I3­
                                                                                        Case ID: 1 J 0503149


                                                                                                        PBA114
.I. Gregg Miller. Esquire
Attorney l.D. Number 04527
Linda J. Casey, Esquire
Attomey LD. Number 83611
Pepper Hamilton LLP
3000 Two Logan Square
 18th and Arch Streets
Philadelphia. Pennsylvania J 91 03-2799
(215) 981-4085                                             Attorneys for Petitioner



                            COURT OF COMMON PLEAS 

                       PHILADELPHIA COl1NTY, PENNSYLVANIA 

                             FIRST Jl1DIClAL DISTRICT 



TIlE PENNSYLVANIA SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS
350 E. Erie Avenue
Philadelphia. PA 19134                                     CIVIL ACTION

                      Petitioner

               VS.




                      Respondent


                                           ORDER

              AND NOW. this _ _ _ day of_~_ _ _ _ _ 2011. upon consideration of

the Petition of The Pennsylvania Society for the Prevention of Cruelty to Animals ("PSPCA") to

Establish the PSPCA' s Ownership of Certain Animals that have been Subjected to Animal

Cruelty and have been Abandoned (the "Petition"), no response thereto and after a hearing held

thereon, it is hereby ORDERED and DECREED that the Petition is GRANTED. and it is further

ORDERED thut:




                                                                                      Case ID: 110503] 49
                                                                                  Control No.: 11052791
                                                                                                     PBA115
                1.        This Court finds that the two cats identified as A 11276507 and

 Al 1276509 seized from the property located at

                are   deemed abandoned, and all rights and interest of Respondent,

                or any individual or entity claiming under or through such Respondent, in the

 above listed animal(s) arc hereby forfeited; and all rights and interest in such animal{s) arc

 transferred to the Pennsylvania SPCA

                2.        The Pennsylvania SPCA may exercise custody and ownership of said

 animal(s) and dispose ofthcm as it deems fit, without any recourse from                          or

 any individual or entity claiming under or through the Respondent. whose rights in said

 animaJ(s) are terminated.


                                                       BY THE COURT:




                                                 -2­
# 14300502,/

                                                                                            Case ID: I 10503149
                                                                                                       : IJ   791
                                                                                                              PBA116
J. Gregg Miller, Esquire
Attorney LD, Number 04527
Linda J. Casey, Esquire
Attorney 1.0, Number 83611
Pepper Hamilton LLP
300(} Two Logan Square
18th and Arch Streets
Philadelphia. Pennsylvania t 91 03~2799
(215) 981-4085                                             Attorneys for Petitioner



                            COURT OF COMMON PLEAS 

                       PHILADELPHIA COUNTY, PENNSYLVANIA 

                             FIRST JUDICIAL DISTRICT 



THE PENNSYLVANIA SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS
350 Erie Avenue
Philadelphia, FA 19134                                     CIVIL ACTION

                      Petitioner

               vs.




                      Respondent


                                           ORDER

               /\ND NOW. this ~~~~_ day of _______~_ 20 II, upon consideration of

the Petition orThe Pennsylvania Society for the Prevention of Cruelty to Animals (,'PSPCA") to

Establish the PSPCA' s Ownership of Certain Animals that have been Suqjected to Animal

Cruelty and have been Abandoned (the "Petition"), no response thereto and after a hearing held

thereon, it is hereby ORDERED and DECREED that the Petition is GRANTED. and it is further

ORDERED that:




                                                                                           ID:II0503149
                                                                                 Control No.: 1105279 J
                                                                                                   PBA117
               1.      This Court finds that the cat identified as A 11194268 seized from the

property located at                                                   is deemed abandoned, and

all rights and interest of Respondent.                   or any individual or entity claiming

tmder or through such Respondent, in the above listed animal are hereby forfeited: and aU rights

and interest in such animal are transferred to the Pennsylvania SPCA.

                       The Pennsylvania SPCA may exercise custody and ownership of said

animal and dispose of it as it deems fit, without any recourse from                    or any

individual or entity claiming under or through the Respondent, whose rights in said animal are

terminated.


                                                     BY THE COURT:




                                               -2­
                                                                                      Case If): 110503] 49
                                                                                                ~jn :   1     I
                                                                                                            PBA118
J. Gregg Miller. Esquire
Attorney I.D. Number 04527
Linda J. Casey, Esquire
Attorney LD. Number 83611
Pepper Hamilton LLP
3000 Two Logan Square
] 8th °and Arch Streets
Phi [adelphia, Pennsylvania 19103-2799
(215) 981-4085                                              Attorneys for Petitioner




                            COURT O"~ COMMON PLEAS 

                       PHILADELPHIA COUNTY, PENNSYLVANIA 

                             FIRST JUDICIAL DISTRICT 



THE PENNSYLV ANIA SOCIETY FOR THE 

PREVENTION OF CRUELTY TO ANIMALS 

350 E. Erie Avenue 

Phi ladelphia, PA 19134                                     CIVIL ACTION 


                       Petitioner

               VS.


                               


                           


                      Respondent


                                            ORDER

               AND NOW, this _ _~day 01' ___________ 201], upon consideration of

the Petition of The Pennsylvania Society for the Prevention of Cruelty to ..A nimals ("PSPCA") to

Establish the PSPCA' s Ownership of Certain Animals that have been Subjected to Animal

Cruelty and have been Abandoned (the "'Petition"), no response thereto and after a hearing held

thereon, it is hereby ORDERED and DECREED that the Petition is GRANTED, and it is further

ORDERED that:




                                                                                       Case (D: 110503149
                                                                                   ControJ No.:     j   105279 J
                                                                                                            PBA119
                I.     This Court tinds that the dog identified 8.'; A12293757 seized from the

 property located at                                                 is deemed abandoned, and aU

 rights and interest of Respondent,                       or any individual or entity claiming

 under or through such Respondent, in the above fisted animal are hereby forfeited; and all rights

 and interest in such animal are transferred to the Pennsylvania SPCA.

                2.     '111C   Pennsylvania SPCA may exercise custody and ownership of said

 animal and dispose of it as it deems fit. without any recourse from Nathancal Rodriguez, or any

 individual or entity claiming under or through the Respondent, whose rights in said animal are

 tenllinated.


                                                      BY THE COURT:




                                                -2­
Jl14,00592 vi

                                                                                       Case ID: J 10503 J 49
                                                                                                 N :! lOS?     I

                                                                                                             PBA120
J. Gregg Miller, I:squire
Attorney to. Number 04527
Linda J. Casey, Esquire
Attorney to. Number 83611
Peppt:r Hamilton LLP
3000 Two Logan Square
18th and Arch Streets
Philadelphia, Pennsylvania 19103-2799
(2 L5) 98)-4085                                             Attorneys for Petitioner



                            COURT OF COMMON PLEAS 

                       PHILADELPHIA COUNTY, PENNSYLVANIA 

                             FIRST JUDICIAL DISTRICT 



'fHE PENNSYL VANJA SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS
350 E. Erie Avenue
Phihwelphia, PA 19134                                       CIVIL ACTION

                      Petitioner

               VS.




                      Respondent


                                            ORDER

               AND NOW. this _ _ _ day of _ _ _ _ _"~_~. 2011, upon consideration of

the p'etition of The Pennsylvania Society for the Prevention of Cruelty to Animals ("PSPCA") to

Establish the PSPCA . s Ownership of Certain Animals that have been Subjected to Animal

Cruelty and have been Abandoned (the "Petition"), no response thereto and a.fter a hearing held

thereon, it is hereby ORDERED and DECREED that the Petition is GRANTED, and it is further

ORDERED that:




                                                                                       Case [i): 110503149
                                                                                  ('ontroJ No.:   J 1052791

                                                                                                       PBA121
                1.     This Court finds that the dog identified as Al 0839851 and the snake

identified as A18039855 seized from the property located at

               are deemed abandoned, and all rights and interest of Respondent,                       or

any individual or entity claiming under or through such Respondent, in the above listed animals

arc hereby forfeited: and all rights and interest in such animals are transferred to the

Pennsylvania SPCA.

               2.      The Pennsylvania SPCA may exercise custody and ownership of said

animals and dispose of them as it deems fit, without any recourse from                     , or any

individual or entity claiming under or through the Respondent. whose rights in said animals are

termimlted.


                                                      BY THE COURT:




                                                ~2-

                                                                                           Case rD: I J 0503149
                                                                                      Control !\o.· 11052791

                                                                                                           PBA122
J. Gregg Miller, Esquire
Attorney 1.0. Number 04527
Linda J. Casey, Esquire
Attorney LD. Number 83611
Pepper Hamilton LLP
3000 Two Logan Square
18th.and Arch Streets
Phil~elphia, Pennsylvania 19103-2799
(2] 5) 981-4085                                            Attorneys for Petitioner



                           COURT OF COMMON PLEAS 

                      PHILADELPHIA COUNTY, PENNSYLVANIA 

                            FIRST JUDICIAL DISTRICT 



'llIE PENNSYLVAl\lA SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS
350 E, Erie Avenue
Philadelphia, PA 19134                                      CIVIL ACTION

                      Petitioner

               VS.




                      Respondent
                                   ~~--        -­
                                             ...


                                            ORDER

               AND NOW, this _ _ _ day             ~_ _ _ _ _ _      2011, upon consideration of

the Petition of The Pennsylva.nia. Society for the Prevention of Cruelty to Animals (,'PSPCA") to

Establish the PSPCA's Ownership of Certain Animals that have been Subjected to Animal

Cruelty and have been Abandoned (the "Petition"), no response thereto and after a hearing held

thereon, it is hereby ORDERED and DECREED that the Petition is GRANTED, and it is further

ORDERED that:



                                                                                      Case ID:      J 10503149

                                                                                   Control No.: 11052791

                                                                                                         PBA123
               1.      This Court tinds that the dog identified as A 12665778 seized from the

property localed at                                                          s deemed

abandoned, and aU rights and interest of Respondent,                   or any individual or entity

claiming under or through such Respondent, in the above listed animal are hereby forfeited: and

all rights and interest in such animal are transferred to the Pennsylvania SPCA.

               2.     The Pennsylvania SPCA may exercise custody and ownership of said

animal and dispose of it as it deems fit, without any recourse from                 or any

indiyidual or entity claiming under or through the Respondent, whose rights in said animal are

terminated.


                                                     BY THE COURT:




                                               -2­
                                                                                     Case [D: 110503149
                                                                                   Control        : !1   791

                                                                                                         PBA124
J. Gregg Miller, Esquire
Attomey LD. Nwnber 04527
Linda J. Casey. Esquire
Attorney LD. Nwnber 83611
Pepper Hamilton LLP
3000 Two Logan Square
18th and Arch Streets
Philadelphia. Pennsylvania 19103-2799
(215) 981-4085                                         Attorneys for Petitioner




                          COllRT OF COMMON PLEAS 

                     PHILADELPHIA COUNTY, PENNSYLVANIA 

                                 FIRST .JlJDICIAL DISTRICT 


THE PENNSYLVANlA SOCIETY FOR THE
PREVENTION Of CRUELTY TO ANIMALS
350 E. Erie Avenue
Philadelphia, PAl 9134                                CIVIL ACTION

                    Petitioner

             vs.




                                                                                  Case ID: I J 0503] 49
                                                                             C'ontrol No.: I J 052791

                                                                                                   PBA125
                      Respondents



                                CERTIFICATE OF SERVICE

               The undersigned hereby certities that a copy of the Petition of the Pennsylvania

Society for the Prevention of Cruelty to Animals ("PSPCA") to EstabHsh the PSPCA '5

Ownership of Certain Animals that have been Subjected to Animal Cruelty and have been

Abandoned (the "Petition") and the Court's Rule to Show Cause Order ("Order") will be served

by me upon the following after the Court enters the Order:




                                                                                           ID: 110503149
                                                                                            No.:   J 1052791

                                                                                                        PBA126
      Attorneys for Petitioner
      Pennsylvania Society for the
      Prevention of Cruelty to Animals




-3­
                                     Case ID: 110503149
                                  Control No.: 11052791

                                                   PBA127

				
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