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IN RE: APPLICATION OF )
THE HUMANE SOCIETY )
PENNSYLVANIA
OF HARRISBURG AREA, INC, )
FOR APPOINTMENT OF )
HUMANE SOCIETY POLICE )
OFFICER )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
CIVIL DIVISION OS- -/gl!S
APPLICATION FOR APPOINTMENT
OF TRACY L BELL AS A
HUMANE SOCIETY POLICE OFFICER
The Humane Society of Harrisburg Area, Inc, ("Humane Society"), a nonprofit
corporation duly incorporated pursuant to 15 Pa. Co S, Ch. 53 for the purpose of the
prevention of cruelty to animals, by its attorney, respectfully applies to this Honorable
Court for the appointment of TRACY L BELL ("Bell") as a Humane Society Police
Officer in Cumberland County, In support of its application, Humane Society avers that;
L
Applicable Law,
Currently the Humane Society Police Officer
Enforcement Act, 3 P.S. !t 456.1-456.7 (the "Current Act"), establishes the required
qualifications and the procedures for appointment of Humane Society Police Officers
throughout Pennsylvania, Additional statutory provisions regarding such appointments,
and the general powers of such special police officers, are provided for in 22 Pa. CoS,
~l, especially sub-section (c) thereof which delineates the powers conferred upon such
officers for the enforcement of the Commonwealth's statutes prohibiting cruelty to
animals. The Current Act is repealed, however, by Act of 2004, P.L 1603, No. 205, that
becomes effective as of May 29, 2005 (the "New Act"), The New Act will thereafter
govern the appointment, jurisdiction and accountability of Pennsylvania's Humane
Society Police Officers.
The principal changes in the New Act as compared to the current Act (and to 22
Pa, C.S.9501 which is contemporaneously amended by Act 205 of 2004 to delete all
references to Humane Society Police Officers) are: (a) some minor revisions to the
educational prerequisites for appointment as a Humane Society Police Officer, (b) a new
requirement for the appointment of such officers by the Court of Common Pleas in each
separate county in which that officer intends to serve, and (c) the establishment of a
statewide registry (to be maintained by the Pennsylvania Department of Agriculture) to
make accessible to the public the names of and certain other information about each
individual who is appointed as a Humane Society Police Officer in the Commonwealth,
By contrast, under the Current Act a Humane Society Police Officer is first appointed by
Order of the Court of Common Pleas of the county where the Humane Society seeking
such appointment maintains its registered office, and then that officer qualifies to carry
out his or her duties in any other Pennsylvania county (or counties) by recording a copy
of that Order in the office for the Recording of Deeds in each county where he or she
intends to do so,
2, Tracy L Bell. By order dated May 24, 2004, Judge Bruce Bratton of the
Court of Common Pleas of Dauphin County appointed Bell a Humane Society Police
Officer to act for the prevention of cruelty to animals in Dauphin, Cumberland, Perry and
York Counties, Copies of Judge Bratton's Order were thereafter recorded in each of
those counties. Bell has been carrying out her law enforcement duties in those counties
since that time. A copy of Judge Bratton's Order dated May 24, 2004 is attached as
Exhibit A
3, Appointment of Bell as Humane Societv Police Officer Under the New
Act. To enable Bell to continue carrying out her present duties in Cumberland County
on and after May 29, 2005 (the effective date of the New Act), Humane Society now
applies under Section 3704 of the New Act for her appointment as a Humane Society
Police Officer in Cumberland County, with such appointment to take effect on May 29,
2005, Bell meets all of the requirements for such appointment set forth in Section 3705
of the New Act in that:
(I), She has been a resident of the Commonwealth of Pennsylvania for
the previous 12 months,
(2), As a Humane Society Police Officer appointed pnor to the
effective date of the New Act, she is exempt from the initial
training requirements of the New Act pursuant to Section 3705(b)
of the New Act by virtue of having successfully completed a
similar training program for Humane Society Police Officers
established under the Current Act. Photocopies of certificates
issued to Bell by the agencies that provided her training are
attached as Exhibit B,
(3). A criminal history report from the Pennsylvania State Police
(pursuant to 18 PaC.s, Ch,91) showing that no record was found is
attached as Exhibit C.
,
(4)-(6) Bell has not been convicted of any offense graded a felony or
serious misdemeanor, or of any violation of 18 Pa CSg5511
(relating to cruelty to animals) or of any offense of cruelty to
animals in any other jurisdiction,
4, As required by the provisions of Section 3704(b) of the New Act, Bell has
subscribed to the oath required by the Sixth Article of the Constitution of Pennsylvania.
A photocopy of her Official Oath is attached hereto as Exhibit D.
WHEREFORE, The Humane Society of Harrisburg Area, Inc. respectfully requests this
Honorable Court to appoint TRACY L BELL as a Humane Society Police Officer for the
enforcement of Pennsylvania's cruelty to animals laws in Cumberland County, with such
appointment to be effective on and after May 29, 2005.
D"ed_~' ~ <il
,2005
Bernard A Ryan, Jr.
Attorney for the Humane S
Harrisburg Area, Inc.
Of Counsel:
James Smith Dietterick & Connelly, LLP
134 Sipe Avenue
Hummelstown, PA 17036
(717) 533-3280
.
VERIFICATION
I verify that the statements set forth in the attached Application are true and
correct to the best of my knowledge, information and belief. I understand that false
statements made herein are subject to the penalties of 18 Pa. C.S. See 4904 relating to
unsworn falsification to authorities.
~ M~nY!JvndCUlA
Executive Director
The Humane Society of Harrisburg Area, Inc,
Dated: 1(~lJ..{th 02. I
,2005
IN RE: APPLICATION OF THE HUMANE
SOCIETY OF HARPJSBURG AP...EA, INC.
FOR APPOINTMENT OF HUMANE
SOCIETY POLICE OFFICER
IN THE COURT OF COMMON PLEAS,
DAUPHIN COUNTY, PENNSYLVANIA
_1.:'
: 2003 CV 1740 MP
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ORDER
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AND NOW, this J 'I day of May 2004, upon consideration of the application
of the Humane Society of Harrisburg Area, Inc, for appointment of a Humane Society Police
Officer, it is hereby ORDERED and DECREED that Tracey Bell is appointed a Humane Society
Police Officer to act for the prevention of cruelty to animals in Dauphin, Cumberland, Perry and
York Counties.
)JA-
Bruce F, Bratton, J.
Distribution:
The Honorable Bruce F. Bratton
. Bernard A, Ryan, Jr., JAMES, SMITH, DlEITERlCK & CONNELLY, LLP, 134 Sipe Avenue,
Hummelstown, P A 17036
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OFFICIAL'S OATH
COMMONWEALTH OF PENNSYLVANIA
COUNTIES OF DAUPHIN, PERRY,
CUMBERLAND AND YORK
I do solemnly swear or affirm that I will support, obey and defend the Constitution and
the laws of the United States and the Constitution and the laws of the Commonwealth of
Pennsylvania, and that I will discharge my duties as a Humane Society Police Officer with
fidelity and to the best of my abilities, so help me God.
Dated; 4priL 2.1...>
,2004
J,~/7
, [~'~
cy Bell
Sworn to ~~subscribed before,me
This z.~ day of I) ./J'.l , 2004,
,
XI,I'dJ P JdI4j"f~
Notary Public ____.__ '---
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notalial Seal
Unda L. FettertJoff. NOlaI\' Public
Deny Twp., Dauphin County
My CommlSSlOO Expires Nov. B. 2007
Member, Pennsylvania AssociatiDn Of Notaries
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PENNSYLVANIA HUMANE POLICE OFFICER TRAINING
PART II, ANIMAL HUSBANDRY
STATE COLLEGE, PENNSYLVANIA
Apri I 28- May I, 2003; 32+ hours of instruction
Name:
Tracy Bell
()ui/, ^verage ('Yo):
95
I:inall':xaminalinn Scnfe (%):
80
Final Score:
84
HCIl1l'lllncr. the qUi77,cS counted 25~'O and lhe fillnl exam counted 75%. of the final score.
Class averapes (ill' this course were 89% nn the quizzes (67-99), 84% on the final exam
" C I"
(71-<)1) and 85'Y<, linal seore (70-92), Everyone passed! ongratu atlons,
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Pant 2
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~ 15, 2003
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NATIONAL ANIMAL
CONTROL ASSOCIATION
SERVING GOVERNMENTS & NONPROnTS SINCE 1978
Humane Society Police Officer Training
Part II: May 12-15, 2003
Harrisburg, Pennsylvania
Summary Sheet
Name; Tracy Bell
Final Exam Score: 94%
Final Class Average: 88%
On behalf of the National Animal Control Association, thank you for participating in
this training program, For information regarding other NACA training programs, please
visit \Vw\V.l1aCaI1Cl.or~ for our current schedule and to download registration forms,
The training course you just attended requires a 70% passing grade (no retest is
available). II' you successfully completed this program, a certificate is also enclosed,
Should you Ileed anyt hing further, please contact NACA at the number listed below,
Again, thank you for your continued support of the National Animal Control
Association,
FROM THE DESK OF..
JOHNNIE W M^ys
EXECUTtVE DIREl'TOR
NATIONAL ANIM^L CONTROL AS$QC1AT10N
p,o, Box 48085!
KANSAS On, MO 64 !48
~
911-768-1319
['xc 913-768-1378
Pennsylvania State Police PATCH
Response for Criminal Record Check
Generated on 03/25/2005 12:54 PM
Name: Bell,Tracy
Social Security #: 160-48-8264
Date of Birth: 01/28/1966
Date of Request: 03/14/200503:05 PM
Sex: F
Race: White
Requested By: Humane Society of Harrisburg Area Inc
*** NO RECORD FOR SEARCH KEYS ON FILE FOR CONTROL #R1607217 ***
The response is based on a comparison of data provided by the requester against
information contained in the files of the Pennsylvania State Police Central Repository only.
The Pennsylvania State Police response does not preclude the existence of criminal records,
which might be contained in the repositories of other local, state, or federal criminal justice
agencies.
This information on this certification form can be validated by accessing the PATCH Record
Check Status screen (https://epatch.state.pa.us/RCStatusSearch,jsp) and submitting a
search request that contains the following - Subject's Name, Social Security # (if available),
Date of Birth and Date of Request. PATCH will find and display the corresponding record
check request. Details on the request can be viewed by clicking on the control number. A
copy of this certification form can be obtained by clicking on the Certification Form hyperlink
prOVided on the request details screen.
Certified by:
Lieutenant Nancy A Shaheen, Director
Criminal Records and Identification Division
Pennsylvania State Police
Questions concerning this criminal record check should be directed to PATCH at telephone
number 1-877-777-3375 or 717-705-1768.
OFFICIAL'S OATH
COMMONWEALTH OF PENNSYL V ANlA
COUNTIES OF DAUPHIN, PERRY,
CUMBERLAND AND YORK
I do solemnly swear or affirm that I will support, obey and defend the Constitution and
the laws of the United States and the Constitution and the laws of the Commonwealth of
Pennsylvania, and that I will discharge my duties as a Humane Society Police Officer with
fidelity and to the best of my abilities, so help me God.
Dated: Llpr i L 2-("
,2004
~~
cy Bell
Sworn to an~subscribed before,me
This z.~ day of !J IJ~ , 2004,
,
JiY.,'tL.. ~ d0t4I,}..dJ
Notary Public .
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Nolanal Seal
Linda L Fellemoff, Nolal)' Public
Deny Twp" Dauphin C<lunty
My C<lmmission Expires Nov, 8. 2007
Member, PennsYlVania AssocIation Of Notaries
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RECEIVED APR 112005>"
IN RE: APPLICATION OF )
THE HUMANE SOCIETY )
PENNSYLVANIA
OF HARRISBURG AREA, INC. )
FOR APPOINTMENT OF )
HUMANE SOCIETY POLICE )
OFFICER )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
CIVIL DIVISION
2005 e'!f- I gY5 !le
And now this
ORDER
'. -z.- day of M
2005,
upon
consideration of the foregoing Application by the Humane Society of Harrisburg Area,
Inc., it is ORDERED and DECREED that Tracy L. Bell is appointed a Humane Society
Police Officer pursuant to Act of 2004, PL. 1603, No, 205 to act as a police officer for
the prevention of cruelty to animals in Cumberland County, Pennsylvania, with such
appointment effective on and after May 29,2005,
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FiLED-U!,:';::lCl:
OF TPE FFCjll.:C>rJTi\.RY
2nos APR 12 PIi 12: '57
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