HomeMy WebLinkAbout03-1405COMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALBERT DEITCH
0~- /~o.~' CIVIL TERM1
VERDICT AND SENTENCING
AND NOW, this 27th day of March, 2003, I find defendant GUILTY of violating (1)
Section 337.5 of the Silver Spring Township Zoning Ordinance, and (2) Section 337.6 of
the Silver Spring Township Zoning Ordinance.2 The civil sentence for violating Section
337.5 is that defendant pay a civil fine of $100 to Silver Spring Township.3 The civil
sentence for violating Section 337.6 is that defendant pay a civil fine of $100 to Silver
Spring Township.4
Edgar B. Bayley, J. ~
~ Originally docketed at 02-2392 Criminal, but re-docketed in the office of the
Prothonotary pursuant to the order of Hess, J. on February 13, 2003.
2 Defendant had inadequate fencing to prevent his geese and pigs from going
onto his neighbor's property numerous times during which those animals
excreted waste on the property.
3 The problem of geese and pigs going onto the neighbor's property appears to
have been corrected since the within citations were filed on August 28, 2002.
Thus, the fines imposed are moderate. Both defendant and his neighbor have
erected fencing. We note that both defendant and his neighbor testified that
piglets are now rooting under the existing fencing. It is defendant's responsibility
under Section 337.5 to continue to prevent the piglets from going onto his
neighbor's property.
4 Defendant has thirty days from this date to file any direct appeal to the Superior
Court of Pennsylvania. If there is no appeal and the fines are not paid within thirty
days of this date, the Commonwealth should seek enforcement.
Steven Stine, Esquire
Solicitor for Silver Spring Township
Albert Deitch, Pro se
39 Green Hill Road
Mechanicsburg, PA 17050
Thomas A. Placey, District Justice
Probation -~ /~,~.~ ~ ~I~
:sal
336.4.
336.5.
336.6.
336.7.
336.8.
Required parking spaces may not be rented as, or used for, vehicular storage.
However, additional external storage area may be provided for the storage of
so long as such external storage
residentially-zoned land and . ·
privately-owned travel trailers and/or boats, adjoining roadS,
area is screened from adjoining
and is located behind the minimum front yard setback line. This proV~ston
shall not be interpreted to permit the storage of partially dismantled, wrecked,
or inoperative vehicles;
All storage shall be kept within an enclosed building except that the storage of
combustible, explOSiVe or hazardous chemicals shall be
flammable, highly s and/or machinery or o,~,e~rr described
_,.:~.;,~a Any fuel tank -
promu,~,-y._ ,_'~hM/ e storea om~
upon such mets ~'~"- b
above;
Because of the danger from fire or explosion caused by the accumulation of
vapors from gasoline, diesel fuel, paint, paint remover, and other flammable
materials, the repair, construction, or reconstruction of an5' boat, engine,
motor vehicle, or furniture is prohibited;
door openings for any mini-warehouse storage unit shall be constructed
No .... ;a~ntially-zoned property;
facing any
Mini_warehouses shall be used solely for the dead storage of property. The
following lists examples of uses expressly prohibited upon the site:
1. Auctions, commercial wholesale or retail sales, or garage sales;
2. The servicing, repair, or fabrication of motor vehicles, boats, trailers,
lawn mowers, appliances, or other similar equipment;
3. The operation of power tools, spray-painting equipment, table saws,
lathes, compressors, welding equipment, kilns, or other similar
equipment;
4. The establishment of a transfer and storage business; and,
5. Any use that is noxious or offensive because of odors, dust, noise,
fumes, or vibrations;
· 1 adc uately demonstrate that all mini-warehouses rental
The apphcant shal._ .~e% s~,ecifically prohibit these uses.
and/or use contractu
SECTION 337 NONCOMMERCIAL KEEPING OF LIVESTOCK
337.1. Within the (C, A, and R) Zones, noncommercial keeping of livestock is a
permitted use, subject to the following criteria. Within the (R_E) Zone,
noncommercial keeping of livestock is permitted by special exception, subject
to the criteria stated in Section 427.
rdinanc¢
462-
337.3.
337.4.
337.$.
337.6.
SECTION 338
SECTION 339
337.2.
additional ar ....... o (2) acres. A d' ' -
"'~ '¢qu~rements by s;-,~ ~ d .~tlO.nally, the following list specifies
-, ,,.,~ ut animals kept:
~ ' Animals Whose average adult Weight is less than ten (10) pounds
shall be permitted at an animal density ot twelve (12) per acre,
with a maximum number of fifty (50) animals;
~ ' A. nirnals whose average adult Weight is between ten
ammals; and, number of twenty (20) y of
~ - Animals whose average adult Weight is greater than sixty-five
(65) pounds shall be Permitted at an animal denSity of one (1)
per acre, with a maximum number og five (5) animals.
The keeping of' a combination of animal types (Group 1, 2 and 3) shall
require an animal density equal to the ratio of the number of animals, by
type. In no case shall a lot contain more than fifty (50) total animals.
Should one structure be Used to hOuse a Combination of animal types, the
most restrictive setback shall apply;
The go/lowing lists minimum setbacks (from all property lines) imposed Upon
the placement of any structure Used to hOUse noncommercial livestock:
Up to 25 animals, a 2S-foot setback;
Above 25 animals, a 50-foot setback;
Up to 2 an/ma/s; a SO-foot setback;
Above 2 animals; a 100-Foot setback; and,
One hundred (100) feet.
All structures used to hOuse noncoraraercial livestock shall be prohibited from
placement in the front yard;
A11 outdoor Pasture/recreation areas shall be enclosed with fencing to prevent
the escape ot the animals;
All animal wastes shall be properly stored and disposed of, so as not to be
objectionable at the site's property line.
Outdoor pasture/recreation areas shall be Ail animals, their housing, and their
properly maintained so as not to
become a nuisance to adjoining properties.
(RESERVED FOR FUTURE USE)
(RESERVED FOR FUTURE USE)
-t63. ~
SILVER SPRING TOWNSHIP
Wayne M. Pecht, Chairman
Jackie Eakin, Vice-Chairman
Jan LeBlanc
Mary Lou Pierce-McLain
Christopher R. Latta
ENFORCEMENT NOTICE OF VIOLATION
Certified Mail 7001 1940 0005 3302 3129
DATE:
TO:
March 8, 2002
Mr. Albert J. Deitch, Et Ux
39 Green Hill Road
Mechanicsburg, PA 17050
Notice Sent By:
Certified Mail and
1 st Class Mail
LOCATION OF PROPERTY IN VIOLATION:
39 Green Hill Road
Mechanicsburg, PA 17050
Tax Parcel Number
38-06-0015-02
YOU ARE HEREBY NOTIFIED that you are in violation of Silver Spring
Township Zoning Ordinance on the following respect:
Section 337.5
Section 337.6
All outdoor pasture/recreation area shall be enclosed with
fencing to prevent the escape of the animals.
All animal wastes shall be properly stored and disposed of,
so as not to be objectionable at the site's property line. All
animals, their housing, and their outdoor pasture/recreation
areas shall be properly maintained so as not to become a
nuisance to adjoining properties.
YOU ARE HEREBY FURTHER NOTIFIED that you must commence
compliance with the above referenced Township ordinance immediately upon delivery of
this notice, such compliance to be completed by:
March 18, 2002
6475 Carlisle Pike ~ Mechanicsburg, PA 17050-2391 ~ (717) 766-0178 ~ (717) 766-1696 FAX
Page 2
Enforcement Notice of ViolatiOn
March 8, 2002
that you have the right to appeal this notice to
YOU ARE FURTHER NOTIFIED days from the date of
the Silver Spring Township Zoning hearing Board within thirty (30)
delivery hereof in accordance with the procedures set forth in said Zoning Ordinance- A
copy of the Zoning Ordinance may be examined at the Silver Spring Township Municipal
Building, 6475 Carlisle Pike, Mechanicsburg, PA during regular business hours.
YOU ARE FURTHER NOTIFIED that your failure to comply with this notice
within the time specified above, unless extended by appeal to the Zoning Hearing Board,
constitutes a violation which can result in a (abatement of the violation by injunctive
action through the Court of Common Plea of Cumberland County, and/or monetary
penalties after a hearing before a District Justice ranging from a minimum of $25.00 to a
maximum of $500.00 per day plus the costs of such action and including the Township's
reasonable attorney fees incurred in prosecuting this enforcement.
// Zdng Officer
ySilver Spring Township
Enclosure: Section 337.5 and 337.6
CCi
Board of Supervisors
Mr. William S. Cook, Township Manager
Mr. Kelly K. Kelch, Assistant Township Manager
JEH/kk
336.4.
336.5.
Required parking spaces may not be rented as, or used for. vehicular storage.
However. additional external storage area may be provided for the storage of
privately-owned travel tbhilers and/or boats, so lonz as such external storage
area is screened from adjoining residentially-zoned'land and adjoining roads,
and is located behind the minimum front yard setback line. This provision
shall not be interpreted to permit the storaee of partially dismantled, wrecked,
or inoperative vehicles; ~
All storaee shall be kept within an enclosed buildine except that the storaoe of
flammabi-e, highly combustible, explosive or hazard~ous chemicals shall be
prohibited. Any fuel tanks and/or machinery or other apparatuses relying
upon such fuels shall be stored only in an external storage area as described
above; ~
336.6.
336.7.
336.8.
Because of the danger from fire or explosion caused by the accumulation of
vapors from gasoline, diesel fuel. paint, paint remover, and other flammable
materials, the repair, construction, or reconstruction of any boat. engine,
motor vehicle, or furniture is prohibited;
No door openings for any mini-warehouse storage unit shall be constructed
facing any residentially-zoned property;
Mini-warehouses shall be used solely for the dead sroraee of property. The
following lists examples of uses expressly prohibited upon the site:
i. Auctions. commercial wholesale or retail sales, or =ara_.. sales:
2. The servicing, repair, or fabrication of motor vehicles, boats, trailers,
lawn mowers, appliances, or other similar equipment:
3. The operation of power tools, spray-painting equipment, table saws,
lathes, compressors, welding equipment, kilns, or other similar
equipment; .
4. The establishment of a transfer and storage business: and.
5. Any use that is noxious or offensive because of odors, dust. noise,
fumes, or vibrations;
'Fne applicant shall adequately demonstrate that all mini-warehouses rental
and/or use contracts shall specifically prohibit these uses.
SECTION 337
337.1.
NONCO~'Vfi'VIERCIAL KEEPING OF L1WESTOCK
Within the (C, A, and R) Zones, noncommercial keeping of livestock is a
permirted use. subject to the following criteria. Within the (RE) Zone,
noncommercial keeping of livestock is permitted by special exception, subject
to the criteria stated in Section 427.
Article 3 General
337.2.
Minimum Lot Area - Two (2) acres. Additionally, the following list specifies
additional area requirements bv size of animals k~pt:
GROUP I - Animals whose average adult weight is less than ten (10) pounds
shall be permitted at an animal density of twelve (12) per acre,
with a maximum number of fifty (50) animals:
GROUP 2 - Animals whose average adult weight is between ten (i0) and
sixty-five (65) pounds shall be pe~m/rted at an animal density of
two (2) per acre, with a maximum number of twenty (20)
animals; and, -
337.3.
GROUP 3 - Animals whose average adult weight is greater than sixty-five
(6.5) pounds shall be permitted at an animal density of one (1)
per acre, with a maximum number of five (5) animals.
The keeping of a combination of animal .types (Group 1, 2 and 3) shall
require an animal density equal to the ratio of the number of animals, by
type. In no case shall a lot contain more than fifty (50) total animals.
Should one structure be used to house a combination of animal types, the
most restrictive setback shall apply; '
The following lists minimum setbacks (from all property lines) imposed upon
the placement of any structure used to house noncommercial livestock:
GROUP I Animals
Up to 25 animals, a 25-foot setback;
Above 25 animals, a SO-foot setback.;
.GROUP 2 Animals
Up to 2 animals; a 50-foot setback:
Above 2 animals; a 100-foot setback; and,
_GROUP 3 Animals
One hundred' (100) feet.
337.4.
337.5.
Ali structures used to house noncommercial livestock shall be prohibited from
placement in the front yard:
All outdoor pasture/recreation areas shall be enclosed with fencinc, to prevent
the escape of the animals; --
337.6.
Ail animal wastes shall be properly stored and disposed of, so as not to be
objectionable at the site's property line. All animals, their housing, and their
outdoor pasture/recreation areas shall be properly maintained so as not to
become a nuisance to adjoining properties.
SECTION 338
SECTION 339
(RESERVED FOR FUTURE USE)
(RESERVED FOR FUTURE USE)
Article 3
General Provisions
-163- Silver Spring Township Zoning Ordinance
Township of Silver Spring,
Plaintiff
J. Deitch,
Defendant
:IN THE COURT' OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 2003-1405 Civil Term
NOTICE OF APPEAL
Notice is hereby given that Albert J. Deitch, Defendant above named, hereby
appeals to the Superior Court of Pennsylvania from the order entered in this matter on
the 27th day of March, 2003. This Order has been entered in the docket as evidenced
by the attached copy of the docket entry.
Respectfully Submitted,
April 28, 2003
Date
AYb%r~ J. Deit/c~ .... ""
3~' Green Hill Rd.
Mechanicsburg, PA 17050
Defendant
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Notice of Appeal upon
depositingof "~- </in th~
the Honorable Edgar B. Bayley, and Steven Stine, Esquire, by same
United States Mail, first class, postage pre-paid on the ~ ¢ day
2003, from Carlisle, Pennsylvania, addressed as follows:
/
Honorable Edgar B. Bayley
Cumberland County Court House
1 Liberty Ave.
Carlisle, PA 17013
Steven A. Stine, Esquire
James, Smith, Durkin & Connelly LLP
P.O. Box 650
Hershey, PA 17'033
Albert J. Deitcl~ ~
3¢ Green Hill Rd.
Mechanicsburg, PA 17050
PYS510 Cumberland County Prothonotary,s Office Page 1
- ' Civil Case Inquiry
2003-01405 PENNSYLVANIA COMMONWEALTH OF (rs) DEITCH ALBERT J ET UX
Reference No..: Filed ........ : 3/27/2003
Case TyDe ..... : COMPLAINT Time ......... : 3:31
Judgmen% ....... 00 Execution Date 0/00/0000
Judge Assigned: Jury Trial ....
Disposed Desc.: Disposed Date. 0/00/0000
Case Comments Higher Crt 1.:
Higher Crt 2.:
General Index Attorney Info
PENNSYLVANIA COMMONWEALTH OF PLAINTIFF STINE STEVEN A
DEITCH ALBERT J DEFENDANT
39 GREEN HILL ROAD
MECHANICSBURG PA 17050
* Date Entries ,
3/27/2003
COMPLAINT
FIRST ENTRY
3/27/2003 VERDICT AND SENTENCING ORIGINALLY DOCKETED @ 02-2392 CRIMINAL, BUT
3/27/2003
RE-DOCKETED IN THE OFFICE OF THE PROTHONOTARY PURSUANT TO THE
ORDER OF HESS J - ON 2/13/03.
VERDICT AND SENTENCING - DATED 3/27/03 I FIND DEFENDENT GUILTY OF
VIOLATING (1) SECTION 337.5 OF THE SILVER SPRING TOWNSHIP ZONING
ORDINANCE. (2) THE CIVIL SENTENCE FOR VIOLATING SECTION 337.5 IS
THAT DEFENDANT PAY A CIVIL FINE OF $100 TO SILVER SPRING TOWNSHIP.
THE CIVIL SENTENCING FOR VIOLATING SECTION 337.6 IS THAT DEFENDANT
PAY A CIVIL FINE OF 4100 TO SILVER SPRING TOWNSHIP - BY THE COURT
EDGAR B BAYLEY J COPIES MAILED 3/28/03 PROBATION HAND DELIVERED
BY SHERIFF
.............. LAST ENTRY ..............
* End of Case Information,
TRUE COPY FROM RECORD
Testh'~ony wnereol, I ~re unto set my ~ne
_ ~--~-~-~-~-
COMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
ALBERT DEITCH
03-1405 CIVIL TERM
ORDER OF COURT
AND NOW, this 6th day of May, 2003, defendant shall pursuant to Pennsylvania
Rule of Appellate Procedure 1925(b), file with the Prothonotary and serve a copy in the
chambers of this judge a concise statement of matters complained of on appeal within
fourteen (14) days of this date.
....$teven Stine, Esquire
Solicitor for Silver Spring Township.
~,'lbert Deitch, Pro se
39 Green Hill Road
Mechanicsburg, PA 17050
:sal
B
COMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,//~LBERT DEITCH
IN RE:
03-1405 CIVIL TERM
OPINION PURSUANT TO PENNSYLVANIA RULE OF
APPELLATE PROCEDURE 1925
Bayley, J., May 29, 2003:-
On March 27, 2003, defendant was found guilty of violating, (1) Section 337.5 of
the Silver Spring Township Zoning Ordinance, and (2) Section 337.6 of the Silver
Spring Township Zoning Ordinance. On each. violation he was ordered to pay a fine of
$100 to Silver Spring Township. Defendant filed a direct appeal from the order of
March 27, 2003 to the Superior Court of Pennsylvania. On May 6, 2003, an order was
entered directing defendant to file a concise statement of matters complained of on
· .appeal within fourteen (14) days of that date. Pennsylvania Rule of Appellate
Procedure 1925(b) provides:
A failure to comply with such direction may be considered by the
appellate court as a waiver of all objections to the order, ruling or other
matter complained of.
Defendant has not failed a concise statement, thus depriving us of the reasons
for his appeal. The application of the Rule is appropriate i.,,n t~~y
Edgar B. I~"a"yleY~' J~
03-1405 CIVIL TERM
Steven Stine, Esquire
Solicitor for Silver Spdng Township
Albert Deitch, Pro se
39 Green Hill Road
Mechanicsburg, PA 17050
:sal
-2-
COMMONWEALTH
ALBERT DEITCH
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND cOUNTy, PENNSYLVANIA
NO. 03-1405 CIVIL TERM
TRANSCRIPT QF PROCEEDINGS
Proceedings held before the
HONORABLE EDGAR B. BAYLEY, J.,
Cumberland County Courthouse, Carlisle, Pennsylvania,
on March 25, 2003, at 9:10 a.m.
in Courtroom Number Two.
APPEARANCES:
STEVEN A. STINE, Esquire
For the Commonwealth
ALBERT DEITCH, pro se
Defendant
FOR THE COM~0NWEALTH
1. James Hall
2. Gregory Scott Renninger
FOR THE DEFENDANT
1. Albert Deitch
2. Charles Deitch
INDEX TO WITNESSES
DIRECT
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CROSS
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FOR THE CQMMONWEALTH
1. Zoning Map
2. Section 337
3. Notice of Violation
4. Nontraffic citations
5. Photograph showing enclosure
for pigs
6. Photograph showing piglets
under trees
7. Photograph showing geese
in yard
8. Photograph showing fencing
INDEX TO EXHIBITS
MARKED
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ADMITTED
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Albert Deitch.
March 25, 2003, 9:10 a.m.
Carlisle, Pennsylvania
(Whereupon, the following proceedings
were held:)
MR. STINE:
THE COURT:
MR. STINE:
there in the corner.
seat, sir.
lawyer?
This is Commonwealth versus
Is Mr. Deitch here?
I believe he's sitting back
THE COURT: Come right on up and have a
Are you representing yourself? Do you have a
MR. DEITCH:
THE COURT:
MR. STINE:
I can't afford them things.
Have a seat. Go ahead.
Your Honor, this is actually an
appeal filed by Mr. Deitch from two nontraffic citations
for zoning ordinance violations in Silver Spring Township,
and actually they are to be adjudicated as civil. So there
was an order in this matter from Judge Hess regarding the
fact that they should be adjudicated as a civil appeal from
the zoning ordinance violations.
citations?
THE COURT:
MR. STINE:
THE COURT:
Even though they are on
That's correct.
Is there a civil number docketed
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yet?
docketed.
MR. STINE: There is not a civil number
Judge Hess's order merely said that it was
transferred and that the adjudication should move forward
as it was except that any Penalties that wOuld be assigned
would be civil penalties.
THE COURT: I understand. Go ahead. What
are the two sections he is charged with?
MR. STINE: The two sections he's charged
with are Section 337.5 of the zoning ordinance, which
requires that all outdoor pasture and recreation areas for
animals shall be enclosed with fencing to prevent the
escape of the animals, and Section 337.6 which requires all
animal waste shall be properly stored and disposed of so as
not to --
THE COURT:
MR. STINE:
THE COURT:
MR. STINE:
Go a little slower.
I'm sorry.
All what?
All animal waste shall be
properly stored and disposed of so as not to be
objectionable at the site's property line.
THE COURT:
sections of the ordinance?
MR. STINE:
THE COURT:
Are you going to introduce
Yes, I am, Your Honor.
Are you ready to proceed?
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MR. STINE:
THE COURT:
MR. STINE:
Yes, I am.
You may call your first witness.
I first call James Hall.
Whereupon,
JAMES HALL,
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. STINE:
Q Mr. Hall, could you please state your name
and address.
A My name is James Hall, and I reside at 276
Locust Point Road in New Kingstown.
Mr. Hall, how are you employed?
I am employed by Silver Spring Township as a
Q
A
Zoning Officer.
Q
And in your capacity as Zoning Officer, is
one of your duties to enforce provisions of the Silver
Spring Township zoning ordinance?
A That is correct.
Q In that capacity, Mr. Hall, are you familiar
with the defendant in this matter, Mr. Deitch?
A Yes, I am.
Q And could you tell the Court how you are so
familiar?
A We received several complaints about Mr.
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Deitch's property as well as his animals not being properly
fenced, and this has been an ongoing process for a number
of years.
Q And specifically as you can, what were the
nature of those complaints that were made?
A Geese being over -- or running over onto the
neighbor's property, Mr. Renninger, as well as onto the
township street, Green Hill Road. Also, Mr. Renninger
complained about the hogs, pigs, that Mr. Deitch had last
spring that was over on his property as well as onto the
township road, Green Hill Road, and into the cornfield on
the other side of it, on the north side of the road.
Q Mr. Hall, I'm going to show you what we're
going to mark as Commonwealth Exhibit 1.
(Whereupon, Commonwealth's Exhibit No. 1
was marked for identification.)
BY MR. DEITCH:
Q
A
Would you please identify this.
This is the current zoning map that the
township is using.
Q And is Mr. Deitch's property located on that
zoning map?
A Yes, it is. It's in the agriculture zone,
and it's off of Green Hill Road in that area.
Q And that's been designated by an X, is that
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correct?
A That is correct.
Q Mr. Hall, I take it you are familiar with
the Silver Spring Township zoning ordinance?
A Yes, sir.
(Whereupon, Commonwealth's Exhibit No. 2
was marked for identification.)
BY MR. STINE:
Q
as Exhibit 2.
Mr. Hall, I'm handing you a document marked
Would you please review that and tell the
Court what that is.
A This is Section 337, a noncommercial keeping
of livestock, which Mr. Deitch is in violation of Section
337.5, 337.6, and it's on page 163 of the zoning ordinance.
Q Mr. Hall, does this ordinance govern
properties that are located within the agricultural zone
where Mr. Deitch's property is located?
A That is correct. It says here -- in the
beginning it says, within the conservation, the agriculture
and the R zones, noncommercial keeping of livestock is a
permitted use, subject to the following criteria.
Q And then there is a laundry list of criteria
after that, correct?
A That is correct.
Q And it is alleged at this point and time
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that Mr. Deitch has been in violation of two of those
items?
A
Q
A
That is correct.
And which of those items?
Section 337.5, all outdoor
pasture/recreation area shall be enclosed with a fence to
prevent escape of animals, and 337.6 which says, all animal
wastes shall be properly stored and disposed of, so as not
to be objectionable at the site's property line. All
animals, their housing, their outdoor pasture and
recreation areas shall be properly maintained so as not to
become a nuisance to adjacent properties.
Q And, Mr. Hall, in response to the complaints
that you received, I take it from neighbors to the
property, what did you do?
A In response to the complaints that we had
received, we sent a notice of violation out to Mr. Deitch.
(Whereupon, Commonwealth's Exhibit No. 3
was marked for identification.)
BY MR. STINE:
Q Mr. Hall, I'm going to show you what has
been marked as Exhibit 3. Would you please examine that
and tell us what this is.
A Yes. This is a standard notice of violation
that was sent to Mr. Deitch on March the 8th, 2002. It was
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sent to Mr. Deitch by first class mail as well as certified
mail.
Q And with regard to this particular notice of
violation, it does advise him of the two sections of the
ordinance which were alleged -- he was alleged to be in
violation of?
A That is correct. And we also attached with
that the section of ordinance so that he could see for
himself where the violations -- where he was in violation
of the ordinance.
And this notice was issued on March 8th of
Q
2002?
A
Q
That is correct.
And I see at the bottom he was given
approximately ten days to come into compliance?
That is correct.
And did, in fact, Mr. Deitch come into
A
compliance ?
A
Q
Not at that time.
And once he did not come into compliance,
what did you do then?
A We issued nontraffic citations.
one for each section of the ordinance.
(Whereupon, Commonwealth's Exhibit No. 4
was marked for identification.)
There was
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BY MR. STINE:
Q
marked as Exhibit 4.
is.
A
Mr. Hall, I'm going to show you what's been
Could you please tell us what that
It is a nontraffic citation citing Mr.
Albert Deitch for Section 337.5, and that was for the
outdoor pasture and recreation areas as well as the second
offense, and that was for Section 337.6, all animal waste
shall be properly stored.
Q And these particular citations then they
were heard before Judge Placey, is that correct?
A That is correct.
Q And Judge Placey then issued civil penalties
with regard to these citations?
A That is correct.
Q And that was back in October of 2002?
A That is correct.
Q And then Mr. Deitch then appealed, and
that's how we're here today, is that correct?
A That is correct.
MR. STINE: I have no further questions at
the moment for this witness.
THE COURT: Do you have any questions of
this witness?
MR. DEITCH:
Yes, I do.
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BY MR. DEITCH:
Q
CROSS EXAMINATION
On this here number 337.2, lot area of two
acres, does that apply to agriculture zoning? This here is
the following list -- it says animals to be kept, number
one --
THE COURT:
MR. DEITCH:
agriculture farm.
What is your question?
This doesn't apply to an
does or not?
question time.
BY MR. DEITCH:
Q Do you think that qualifies for an
THE COURT: Are you asking him whether it
You can testify later, but right now this is
agriculture farm?
A Yes, Mr. Deitch. Under Section 337.1, as I
previously stated, within the conservation, agriculture,
and the rural residential zones, noncommercial keeping of
livestock is a permitted use. So it does apply.
Q I don't understand this here --
THE COURT:
THE WITNESS:
THE COURT:
That is a legal issue.
Any other questions?
330 what?
337.1, sir.
He has given you his opinion.
I will let it be argued afterwards.
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this --
MR. DEITCH:
THE COURT:
will let you argue later.
MR. DEITCH:
THE COURT:
MR. DEITCH:
I don't understand about
Sir, this is question time. I
Okay.
Question.
They are doing a good job, but
I don't think that everything is qualified for the
agriculture zoning.
THE COURT:
other questions of this man?
experience --
MR. DEITCH:
THE COURT:
MR. DEITCH:
THE COURT:
MR. STINE:
I understand your position. Any
I don't think he has very much
Sir, you may step down.
-- in the agriculture line.
Next witness.
Scott Renninger.
Whereupon,
GREGORY SCOTT RENNINGER,
having been duly sworn, testified as follows:
DIRECT EXAMINATION
Mr. Renninger, could you please state your
BY MR. STINE:
Q
name and address.
A
Gregory Scott Renninger. I live at 37 Green
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Hill Road, Mechanicsburg.
THE COURT:
THE WITNESS:
THE COURT:
THE WITNESS:
Mechanicsburg.
BY MR. STINE:
Q
Spell your last name, please.
R-e-n-n-i-n-g-e-r.
Tell me your address again.
37 Green Hill Road,
And, Mr. Renninger, how long have you lived
at that address?
A I've actually called it my residence for
about the past ten years. My wife has lived there since
the home was built 26 years ago when her parents built the
home there.
I've actually been with my wife for 19
years. So prior to the ten years that I've called it
permanent residence, I've spent quite a lot of time there.
So I've been there approximately 19 years and have known
what has transpired there over that time.
Q And you currently live there with your wife?
A With my wife and my two children.
Q You have two children?
A Yes.
Q And about what are the ages of your
children, Mr. Renninger?
A They are four and six.
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Q Mr. Renninger, in relation to Mr. Deitch's
property -- you are familiar with the defendant, Mr.
Deitch?
A Yes.
Q In relation to his property, where is your
property located?
A I'm not sure how you want me to answer this.
Q Are you immediately next door to his
property?
A I'm immediately next door, yes. I mean, if
you look out the front window of my home, our property is
adjacent to the Deitch property on the western border and
on the southern border.
Q So you are on the same side of the street on
Green Hill Road?
A Yes.
Q Mr. Renninger, in 2002 did you begin to
have -- or maybe 2001, begin to have some problems with
some animals?
A Well, actually, it goes well beyond 2001
where we had problems with horses in our yard. I mean, I
can go back as far as 1995, 1996, but, you know, that was
no issue that we pushed at that time. We basically tried
to do what we could to get the animals back into his
pasture.
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Unfortunately there was never any gate near
our property where we were able to open a gate and try and
put the horses back into the property. So in most cases
they kind of just wondered back and forth until somebody at
the Deitch property would see them and do something about
it.
But as far as the geese issue, it started in
2000, and it wasn't a lot of geese, maybe a dozen, and they
weren't coming over real frequently, so it was a nonissue
at that point. I mean, we were trying to be good
neighbors. We had been on speaking terms.
I started actually seriously confronting Mr.
Deitch about the problem in the fall of 2001 when there got
to be upwards of 40 geese that were coming over into our
yard one, two, three times a day where I was basically
having to go out and police my property and shoo these
things out numerous times daily, go out and clean up
droppings more than one time a day before I could even
allow my own children to go out and play in our yard.
do you have?
THE COURT:
THE WITNESS:
What kind of a house or property
It is a single-family.
THE COURT: A single-family home?
THE WITNESS: It is a single-family home,
yes.
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THE COURT:
THE WITNESS:
a half, 1.446 acres.
THE COURT:
MR. STINE:
BY MR. STINE:
Q
How much land?
An acre -- all but an acre and
Go ahead.
Thank you.
Mr. Renninger, so this was 2001 going into
2002 you had some problems with the geese, is that right?
A Yes, correct.
Q And then at some point in time did you have
problems with any other types of animals after the geese?
A Yes. We didn't have pig problems until June
2002. Mr. Deitch brought pigs in -- it was either three or
four pigs in in the spring of 2001, and then in addition
brought another either three or four in in the fall of
2001. I know there were seven pigs there specifically. My
numbers may be incorrect as to when they came in.
They bred that year, and from what I
understand, none of the pigs survived. The following year,
once again in 2002, the pigs bred, and we had surviving
piglets this time.
And once they got weaned off of their sows
they -- there were fence holes that were dug underneath the
fencing that Mr. Deitch had put up to control his pigs, and
the piglets could just get in and out at their own will and
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would go out of their pen, underneath the horse pasture
fencing, and around the fence that Mr. Deitch had put up
between his property and mine, and then back in under the
horse fence on my side, and they would be over in our yard
eating mulberries.
This happened daily for probably ten days in
a row where at first it was like one pig, two pigs, and
then it got to be where there was ten, even a dozen of them
sometimes out in our backyard.
Q And these pigs, I take it, you had to clean
up droppings as you did with the geese?
A Yes, they defecated.
Q At some point and time I take it that the
problem with the geese subsided to a certain extent?
A Well, he got rid of all but, I believe,
seven of the geese, and it would have been in the spring of
2002 around the time that this citation had been issued
because I had told him upon -- I mean, I had requested
numerous times for him to do something about the geese, and
he was going to put fencing up every time is what the
gentleman told me.
And in April of 2002, to deal with these
citations, I had told him -- I was very frustrated at this
point. I mean, it was beyond me being a real pleasant
neigb_bor anymore. I mean, I was real frustrated.
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I told him at that point that I knew that
basically he was not going to do anything to fix the
fencing, and so my wife and I were going to put the money
out, and we were going to put property fencing up because
we couldn't tolerate the animals anymore.
And along with that, he had horses that were
being pastured on approximately a third of an acre of our
property and had had that ever since he had sold the
property to my in-laws. So we -- at that time I told him
I'm going to bring a surveyor in, and when we put proper
fencing up, I'm going to take this other third of an acre
of property back.
So at the end of April he was going to erect
a fence between his property and my property to take care
of the goose problem. And sometime in that point, between
the citation and the time he put the fence up, he had
gotten rid of all but about seven of the geese. They in
turn multiplied and put themself back up to 24 or 25 geese
within a matter of a few months.
Q So the geese problem subsided then for two
reasons, one, there was a reduction in number and, number
two, you put up a fence?
A Well, he put up a fence in April, at the end
of April. He was trying to beat a ruling on these
violations is what he told me. I wasn't aware that he had
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a certain time line that he had to have this fence up by.
There was an evening when he went out to
start to put this fence up that I actually called Silver
Springs Township Police and asked them to come out and see
what was going on because I was curious whether the man was
allowed to put the fence as close to the property line as
he was going to do.
I knew that if I didn't stop him at that
point that if he was in violation of where the fence was
going to be put that the fence would never be moved. It
would just be another ongoing situation that Silver Springs
Township would have had to deal with.
So, indeed, the police did stop him that
day. I spoke with Jim Hall that Monday morning, and he
told me that he was okay to put the fencing on that line,
and from that point on I gave him no hassles at that point.
Q Now, the fence that was put up, did it
completely enclose the geese?
A No.
Q And has it ever completely enclosed the
geese?
A NO.
Q With regard to the pigs, what went on there
from the time that the problem started?
A Well, they were -- he had them contained in
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a makeshift pen that may have been as big as this room
approximately. They would rout -- I mean, I wasn't even
familiar with how much damage a pig could do, but they
would rout themself holes underneath these fences where the
small pigs could get out.
And as I said, where he erected this one
side of this pen -- or this fence in between hisself and I,
that did not enclose any of the property where the geese or
if the pigs got out of their pen where they would be
enclosed inside of a secondary fence.
So it was simply a matter of just walking
around the fence either up towards Green Hill Road or down
towards the southern part of his property, and they could
go underneath the 25-year-old falling down horse fence and
walk around the new stuff he put up and come back into our
yard which also had that 25-year-old horse fence on the
southern part of it.
So they happened -- you know, they did that
quite often, at which time -- you know, we tolerated it for
a little while. And I called Jim Hall. in June of 2002 and
told him that, you know, I was having problems with the
pigs, in which they sent an officer out to speak with the
Deitches. I'm not sure of an exact day when that would
have happened, but I know it was mid June.
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(Whereupon, Commonwealth's Exhibits
5, 6, and 7 were marked for identification.)
BY MR. STINE:
Q Mr. Renninger, I'm going to show you a
picture that's been marked Exhibit 5. Could you please
look at that picture and tell us what that is.
A That would be a picture that I took from our
property showing at that time what the pigs were being
contained in.
Q And does this accurately depict that
structure at the time that the picture was taken?
A Yes.
Q Just generally describe what the picture
shows.
A As I stated before, approximately an area of
the size of this room with 3-foot high fencing put around
it with two wooden boxes that he had brought in originally
when he brought the first four pigs in and then some
additional -- I don't know what you want to call them --
little huts that he erected out of railroad ties.
Q And it's this structure that the pigs would
get out of and come into your yard?
A Yes.
Q Next, I have a picture that's been marked
Exhibit 6. Could you please identify that.
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A Yes. This would be pictures that I took out
of my kitchen window on June 14th, 2002, showing at least
eight piglets down underneath my mulberry trees.
Q And does this picture accurately depict the
condition at the time that it was taken?
A Yes.
Q I'm going to show you a picture that's been
marked as Exhibit 7.
A The reason that date sticks in my mind so
much is that my five year old actually watched these pigs
all day for me and marked down the times that the pigs came
into the yard and the number of pigs that were there that
day, and between the hours of noon and. 5:30 that day alone
they had been in our yard nine times on and off.
Q I'll show you what's been marked as Exhibit
7. Could you please identify that, please.
A Yes. This would be geese that are in my
yard on our side of the fencing that he erected at the end
of April, and this would have been after he decreased his
flock. But if you look very hard at the picture, you can
see that there are small geese here, and as I stated, they
quickly went from seven geese back up to 24 or 25 geese in
a matter of a few months.
Q Now, would you please tell us, Mr.
Renninger, at the time when the animals would be present in
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your yard -- you've already testified, I believe, it was a
problem because you had to chase them out of your yard as
well as clean up the droppings.
the children during that time?
What about the effect on
Were they allowed to play
in the yard when the animals were out there?
A No, absolutely not. I mean, it was to the
point that that -- I mean, as much as I hate to say this, I
had to go out and actually police the yard before I could
just turn the kids loose to go out. I didn't have the
freedom of just allowing them to go out into the yard
without me going out to see if there were droppings.
I wasn't probably the best parent at that
time. I mean, it was quite frustrating at times when my
children would come to me and they wanted to go out, and I
didn't absolutely have the time to drop what I was in the
middle of doing to go and check the yard out to make sure
that my children were safe in going out into the yard.
Q And the problem -- I know you said this
began in probably the spring of 2002. What has been
happening since that time?
THE COURT: Well, am I correct these
citations were filed on August 28th, 2002?
MR. STINE: I believe that is correct.
THE COURT: What has happened since that
time?
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THE WITNESS:
THE COURT:
THE WITNESS:
Since Auqust 28th?
Since the citations were filed.
Since the citations have been
filed, he has put a third side. He has fenced in a third
side of the area where the geese are at and where the pigs
are allowed to be at, being that the pigs are inside an
area that he calls a pigpen, but if they get out, this
would be a secondary fence which still is only enclosed on
three sides.
He did erect a fence along Green Hill Road
which since this point he has -- if the pigs have been out,
which they have been, I think sometimes not to his
knowledge -- there is a few smaller pigs that can get out
and they run around in his area there and they go back. By
him erecting the fence along Green Hill Road, it has at
anytime that the pigs have been out directed them away from
our property.
So I haven't had an issue with pigs or geese
being in the yard since he erected that third side of the
fencing. The only problem that I'm having at this point is
the original fence that he put up in April in the middle of
December he decided to enlarge his pigpen area and allow
the pigs to come all the way to the property line, where
prior to that they had been 40 to 50 yards from the
property line.
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He enlarged the area and allowed them to
come to the property line, where now at this point the pigs
are routing under the secondary fencing and actually are
destroying the property, our property, in between his fence
and now our fence, which we put fencing up in early August
of 2002, to the point that these things are underneath this
fence destroying --
There is approximately 16 inches of property
between the two fences, 14 of that being our property, 2
inches of it being Mr. Deitch's property. These pigs are
under it in certain places to where they've exposed my
6-inch round wooden posts to the point where they are going
to start loosening my fence up and ruining our new fence
that we put up to contain his animals.
THE COURT:
on your property anymore?
THE WITNESS:
But no pigs and geese are coming
Not as far as coming around
the fence and into the area where my children are at, but
they are actually under his fence ruining our property.
THE COURT: I understand.
(Whereupon, Commonwealth's Exhibit No. 8
was marked for identification.)
BY MR. STINE:
Q
as Exhibit 8.
I'm going to show you what has been marked
Could you please identify that.
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A Yes. This would be a picture that I took
last Wednesday showing how the pigs are wearing away and
getting underneath the fence that Mr. Deitch put up back in
April and being allowed to do this, because I feel pretty
sure that Mr. Deitch is aware of what's happening here.
Now, there are two fences in that picture,
Q
is that right?
A
Q
A
Yes.
Which fence belongs to Mr. Deitch?
Looking at the fencing here, it would be the
fence on the left where the pigs are and off to the
left-hand side, and the fencing on the right would be
fencing that we put up in August -- I think it was August
8th of 2002.
Q And to the best of your knowledge, Mr.
Deitch's fence is located on the property line?
A Yes. I would say it's not exactly on it.
He stayed back onto his side of the property approximately
2 inches.
Q So the soil that we see in between his fence
and your fence, most of that is your property?
A Yes, it is.
Q And that's where we see erosion from the
digging of the pigs?
A Yes.
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MR. STINE: Your Honor, at this time I have
no further questions for Mr. Renninger.
THE COURT: Do you have any questions?
MR. DEITCH: Well, there is a few.
BY MR. DEITCH:
Q
CROSS EXAMINATION
The fence that I put up along the road to
make sure that nothing could get out, isn't it true that
you cut 18 inches of that off?
A Yes, I did. That's absolutely true.
Q That left an 18-inch spot where animals
could pass through which I had closed off.
THE COURT: Is that a question? Did it
leave an 18-inch spot that animals could come through?
THE WITNESS: Yes, Your Honor, it did leave
an 18-inch spot. But I would like to also specify that the
18 inches that he shut off was our property. He without
our permission took his fencing and extended it across the
18 inches that is the property between our fences and
enclosed off that walkway which I was leaving left open so
that I could maintain that property in between our fencing.
I confronted him about it and he --
THE COURT:
question. Next question.
MR. DEITCH:
Hold on.
You have answered the
It was only partial his
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property.
THE COURT: Next question.
BY MR. DEITCH:
Q Was that fastened to your property? Was it
fastened?
A It was not fastened to my fence, no, but it
was sitting on my property, on the dirt on my property,
yes.
Q In case if any of my pigs got out or
something they couldn't go out that corner?
A That would be correct, sir. You know, as
well as I do, that I asked you to remove that fence off of
my property and put up the final section of fencing that
you started back in April of 2000 which you refused to do.
Next question.
THE COURT:
BY MR. DEITCH:
Back at the beginning when I got a notice
You are testifying now.
Any further questions?
Q
about my geese through the neighbors, I never had any
complaint from a neighbor.
THE COURT: Wait.
I will let you do that in a moment.
I just wanted to explain why
I will let you do that.
Okay, fine. You're doing a
MR. DEITCH:
they were there.
THE COURT:
MR. DEITCH:
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good j ob.
that.
I'm not an attorney, I think you understand
THE COURT: I understand. Any further
questions?
BY MR. DEITCH:
Q Hadn't you offered to assist me in fencing
back in the past?
A Absolutely I did.
Q Then whenever I come to put up a fence, why
did you come out to stop me?
A I came out to stop you because I had told
you in the fall and again in the spring of that year that
if you could use this new fencing that you were going to
put up to put it elsewhere because my wife and I were going
to have the property resurveyed, and we were going to have
the fencing crew come in there in April or May of 2002 and
put proper fencing up.
Q The fence that I put up, wasn't that on my
property 6 inches --
A Yes.
Q -- from the survey line?
A No, it's not 6 inches from the survey line,
and I have pictures there that will show that it's --
THE COURT: Was it on his property?
THE WITNESS: It was on his property, yes.
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BY FLR. DEITCH:
Q
A
Q
THE COURT: Next question.
So it was on my property?
Yes, it was.
Ail right. And didn't you admit that you
didn't know if that was correct or not where I was putting
the fence?
A Yes, I admitted. I asked -- alls I asked
was that the officers intervene until I could get a hold of
the Zoning Officer to see if you were allowed to put your
fencing that close to the property line.
Q So you had the police out to find out if I
was right or not, right?
A No, I had the police out to stop you because
I couldn't. As you remember, I came out and tried to work
out a situation with you and asked you to keep your fencing
one foot back from the property line, and I would do the
same with mine when I put mine up so there would be a 2
foot leeway in between. You refused to do that. You were
putting yours 2 inches from the property line, and that's
why I asked the police to come out.
Q It was through your complaint that they give
me a notice for fencing?
A That's correct.
Q And then you tried to stop me from fencing?
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A That's correct.
Q You thought I would get a citation for not
putting up fencing if I didn't go ahead with it?
A No, absolutely not correct. I wanted to
know if they would -- if you were allowed to put the
fencing where you were going to erect it. I at no time
have been trying to push for citations to you.
Alls I've been trying to get done is for you
to abide and give us a little common courtesy, the same as
what we had given you all the time that I have spent
cutting grass and doing things for you which I never asked
for anything.
Q
destroyed.
A
Q
A
Q
width of it?
That's all right. My strawberry patch was
By the way, you have a lot there?
Yes, I do.
And what size is your lot?
1.446 acres.
And the frontage along the road, what is the
sir.
where the right-of-way pins are located at.
point 6 inches as called for by the deed.
Q Are you sure about that?
A I am absolutely sure of that.
A It depends on where you're speaking from,
It's 200 feet across the front on Green Hill Road
It's 201 feet
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Q Because there are approximately 203 feet
that he has possession of along the road because --
THE COURT: I am not doing a boundary
dispute. I am doing a pig and goose case. Next question.
MR. DEITCH: I think I'll have my questions
later at the proper time I think for this here.
THE COURT: You may step down. Any further
questions?
MR. STINE: Nothing further.
THE COURT: You rest?
MR. STINE: Yes.
THE COURT: Take a five minute break, and
then I will let you either testify or call any witnesses
you wish, a five minute break.
(Whereupon, a brief recess was taken.)
THE COURT:
MR. DEITCH:
THE COURT:
records if you want to.
MR. DEITCH:
got?
may.
THE COURT:
Do you wish to testify?
Well, I wouldn't mind.
Come right up here. Bring your
Are you interested in what I
Sir, if you want to testify, you
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Whereupon,
ALBERT DEITCH,
having been duly sworn, testified as follows:
EXAMINATION
BY THE COURT:
Q
A
Q
A
Q
Tell me your name.
Albert J. Deitch.
What is your address?
39 Green Hill Road.
And what do you do there?
business do you have?
A
was eight.
Q
A
Q
sold the lot that now these folks live in?
A That is right.
Q Many years ago?
A That was about 27 years ago.
Q Who do you live with on your property?
A I'm a single man.
Q How old are you?
A I am only 76.
Q That doesn't sound bad to me.
What kind of a
Well, I've been an old farmer as long as I
How much land do you have?
Eleven acres.
I glean from the other testimony that you
Now, what
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type of a farming operatiOn do you do? Specifically, do
you do anything other than raise pigs and geese?
A I have horses also.
Q Okay.
A And I also have chickens'.
Q Okay. Do you till some of the land?
A How is that?
Q Do you grow crops on any of the land?
A Well, there's pasture there, and I have
access to 50 acres across the road when I'm able to take
care of it. But due to my health, I left the neighbor take
care of some of that. So I had access to the 50 acres
until Mr. Essis (phonetic) took over and built on it.
That's in record in the court with my privilege.
Q Now, today, or recently, are any of your
pigs and geese going over on the adjacent property?
A No. And another thing, I would have liked
to have had the officer here or the last one that was over
there the time that I come home.
Q You answer my questions. I will ask you
what I need to know here. When was the last time that this
occurred, and tell me what you did to prevent it from
happening?
A Well, the last time there was one place that
they broke out that I repaired.
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Q How long ago do you think that was?
A I don't keep count of the dates. It was
there in the summer sometime, and the officer was there,
and I come home and the pig was out there. Most of them
was on my property. They didn't even damage one stalk of
corn right across the road.
them by anybody anywhere.
Q
A
There was no damage done to
Now --
Now, the one was in his yard when I come
over, and the officer went along with me over because he
was running around after this hog with a baseball bat, and
she was after it with a broom.
Q This was last summer?
A Yeah.
Q Is that the last time you know that a pig
actually got over there?
A Yes.
Q What did you do to prevent the pigs and
geese from going over? What did you do? We have heard
this testimony that your pigs and geese used to go over in
his yard. What did you do?
A I think what happened to start with was his
mother-in-law was living -- I just found out two weeks ago
that they were purchasing as much as 50 pounds of grain a
day to throw out for the birds.
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or not.
happening?
A
Q Well, I don't care about what drew them over
I want to know, what did you do to prevent it from
That is what I am asking..
See, I didn't know that they were going over
there at 6:00 in the morning, and then when I got the
notice from the township, they were the ones that I went to
see to find out. I didn't know. I feel they should have
contacted me, and they wouldn't have needed to contact the
township.
Q
A
Q
Are you listening to my question?
Yeah.
What did you do to keep these animals from
going over on his property? What did you do?
A Well, I have fencing up.
Q Tell me what kind of fencing you put up and
when you did. Give me an idea of what you did.
A I did recommend the neighbors to put up
fencing, but she said she couldn't afford it. Did I give
you a paper there?
Q Let me ask it this way. Is there adequate
fencing up to keep these animals from going over onto this
couple's property?
A Yes.
Q Now, there is some testimony here that he
has got a fence and you have got a fence and these piglets
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are working their way underneath this area. Is that true?
A Well, there was something there along the
line fence I think that they were working after. I think
it was like the geese. They were baited in order to do it
because they will go after bait and I know --
Q So they are working their way under right
Is that what you are saying?
They haven't been going under it.
Do you think you have to do anything more to
now?
A
Q
stop that?
A
show you.
Q
I think my paper is down there I want to
Okay. But do you think you have to do
anything more now as far as fencing or other action to keep
these pigs from getting over there in the future?
A The only thing as I've watched what's going
on and whenever they get out of control I think there's
going to have -- I'll put electric around it if there's any
continuous routing. They can go so far.
Q You answered my question. Now, what do you
want to tell me, what else? I have asked you the questions
that are important to me. I am going to put you over to
cross examination. Do you want to say anything else at
this point?
A
I've been only there for 50 years and --
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ask you.
THE COURT:
Cross-examine.
MR. STINE:
THE COURT:
Let me see what counsel has to
Your Honor, I have no questions.
Now, I am going to let you sit
down there, and then I am going to let you make a final
Do you have any other witnesses you want to
statement.
call?
MR. DEITCH:
he's back there.
Well, my brother is back there,
THE COURT: Well, do you want to call him as
a witness? You don't have to. You have told me what your
situation is, but if he has information you want me to
learn. Do you want to call him?
MR. DEITCH: Well, I can call him up here.
THE COURT: Okay. You go on down there, and
let's have your brother come on up here.
Whereupon,
CHARLES DEITCH,
having been duly sworn, testified as follows:
EXAMINATION
BY THE COURT:
Q
A
Q
A
Sir, tell me your name.
Charles Deitch.
Where do you live?
7656 Green Hill Road, Mechanicsburg.
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property?
Q How close is that to your brother's
A Right next door.
Q Where is that property with respect to this
family home that we have been hearing about?
A I'm west.
Q You are west of it.
THE COURT: Now, what questions do you want
to ask your brother?
BY MR. DEITCH:
Q
past?
A
Q
DIRECT EXAMINATION
Didn't your animals get out already in the
Mine?
Yeah. Didn't your cattle get up on Mr.
Podacker's (phonetic) pond?
A About 15, 18 years ago one time.
Q And there's one time others down the road
three farms ago, wasn't your cattle found there?
A Not that I know of.
Q Well, then, you didn't even know about your
own cattle being out for two days.
THE COURT: Any other question?
THE WITNESS: Apparently you didn't know
yours were out either.
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argue.
to ask him.
BY MR. DEITCH:
Q
relevant.
THE COURT: Well, boys, I do not want you to
Anything relevant to what I need to know you have
And your dog had killed a lot of my --
THE COURT:
Anything else?
MR. DEITCH:
THE COURT:
Wait. That is simply not
Well, his --
Remember, this is a pig and a
goose case. Anything about those animals?
MR. DEITCH: That's all I wanted to know,
that mine was not the only ones that got away from home.
THE COURT:
wish to ask?
MR. STINE:
THE COURT:
further witnesses?
MR. DEITCH:
THE COURT:
I understand that. Anything you
No, Your Honor.
Sir, you may step down.
Any
(No response)
Ail Commonwealth exhibits are
admitted. The record is closed. Let me hear what the
position of Silver Springs Township is in light of all of
the testimony that we have taken. Off the record.
(Whereupon, argument was held off
the record.)
THE COURT: I am going to take it under
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advisement because I do not deal with this every day, and I
want to read these statutes since he raised this issue. I
will put a written order out. I will send it to you, and I
will send it to the solicitor here. That will resolve the
issue of this citation. Court is adjourned.
(Whereupon, the hearing was concluded
at 10:06 p.m.)
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CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
same.
Pamela R. Sheafed' ~>-
Official Court Reporte~L~/~
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
Edgar B. Bayley,,~.
Ninth Judicia'Ol.--~~trict,
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