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HomeMy WebLinkAbout05-1846 IN RE: APPLICA nON 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 D,) -/3'1(, APPLICA nON FOR APPOINTMENT OF WILLIAM E. SANDSTROM AS A HUMANE SOCIETY POLICE OFFICER The Humane Society of Harrisburg Area, Inc. ("Humane Society"), a nonprofit corporation duly incorporated pursuant to 15 Pa. C. 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 WILLIAM E. SANDSTROM ("Sandstrom") 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. ~ 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. !l501, 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 The Current Act is repealed, however, by Act of 2004, P.L. 1603, No. 205, that becomes effective as of May 29, 2005 (the "New Act").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, William E. Sandstrom, By order dated May 24, 2004, Judge Bruce Bratton of the Court of Common Pleas of Dauphin County appointed Sandstrom 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. Sandstrom has been carrying out his 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 Sandstrom as Humane Society Police Officer Under the To enable Sandstrom to continue carrying out his present duties in New Act. Cumberland County on and after May 29, 2005 (the effective date of the New Act), Humane Society now applies under Section 3704 ofthe New Act for his appointment as a Humane Society Police Officer in Cumberland County, with such appointment to take effect on May 29,2005, Sandstrom meets all of the requirements for such appointment set forth in Section 3705 of the New Act in that: (I), He 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, he 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 Sandstrom by the agencies that provided his training are attached as Exhibit R (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 Co (4)-(6) Sandstrom has not been convicted of any offense graded a felony or serious misdemeanor, or of any violation of 18 Pa C.S~5511 (relating to cruelty to animals) or of any offense of cruelty to animals in any other jurisdiction. 4, As required by the prOVlSlons of Section 3704(b) of the New Act, Sandstrom has subscribed to the oath required by the Sixth Article of the Constitution of Pennsylvania, A photocopy of his Official Oath is attached hereto as Exhibit D. WHEREFORE, The Humane Society of Harrisburg Area, Inc. respectfully requests this Honorable Court to appoint WILLIAM E, SANDSTROM 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. Dated: \\~~( ~ \ ,2005 Bernard A Ryan, Jr. Attorney for the Humane So ietyof Harrisburg Area, Inc. Of Counsel: James Smith Dietterick & Connelly, LLP 134 Sipe Avenue Hummelstown, P A 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. CS. Sec 4904 relating to unsworn falsification to authorities, / c/ ' c-~ Y~7/'}u.ltv>'~ Ki L Moreland Executive Director The Humane Society of Harrisburg Area, Inc. Dated: '71)11 ull :L / ,2005 m RE: APPLICA nON OF THE HUMANE SOCIETY OF HARRISBURG AREA, INe FOR APPOINTMENT OF HUMANE SOCIETY POLICE OFFICER : IN THE COURT OF COMMON PLEAS, : DAUPHIN COUNTY, PENNSYLVANIA : 20~CV 1516 MP ".;-" ORDER c.j r-..) N AND NOW, this )'1 f- 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 William E. Sandstrom is appointed a Humane Society Police Officer to act for the prevention of cruelty to animals in Dauphin, Cumberland, Perry and York Counties. 1f/ZI ~ Bruce F. Bratton, J, Distribution: The-Honorable Bruce E -Bratton Bernard A Ryan, Jr., JAMES, SMITH, D1ETIERICK& CONNELLY, LLP, 134 Sipe Avenue, Hummelstown, P A 17036 ~lJ} ,~\"'i/ n j~ rl:(!r; .:. ~ Ivli"', ~ "0:: i.,.\..J'~;,,'r I hereby c;~'..)' f !rue B/I<i c;rJ(wr~".Ql[,at!.'1er.'(Jrq, ainG 10 :- ,1I"1l -- '''l-''' e< . ," c ~ . !\'-.: 1;',;, ~..;;{;fl1~,1 II ... '" , J l i "</ . i~ (JJ:......<t...<J -----..:-..., OFFICIAL'S OATH COM:MONWEALTH 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: April ,2004 #///,,- ...[1 y~ /J '" 0" 'IY'~ Z~'il C. ,,(J -,-/?- l-I WillIam E. Sandstrom Sworn to and subscribed before me This I ~ i!v day of April, 2004, :tJ71 dl-X Jda: 4--;0 Notary Public _ My Corrunission Expires: COMMONWEAL 1,l 01' PENNSYLVANIA Notanal Seal Linda L, Fettenmff. Notary Public Deny Twp., Dauphin Couniy My CommiSSIon Expires Nay. 8, 2007 Member. 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FJ!.l'm T<illt !hri::a.~ .----..--.................,. < Pennsylvania State Police PATCH Response for Criminal Record Check Generated on 03/25/2005 12:52 PM Name: Sandstrom,William Social Security #: 090-64-6718 Date of Birth: 12/13/1974 Date of Request: 03/14/200503:03 PM Sex: M Race: White Requested By: Humane Society of Harrisburg Area Inc *** NO RECORD FOR SEARCH KEYS ON FILE FOR CONTROL #R1607216 *** 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 VANIA COUNTIES OF DAUPHIN, PERRY, CUMBERLAND AND YORK I do solemnly swear or affirm that I will support, obey llIld defend the Constitution llIld the laws of the United States llIld the Constitution llIld the laws of the Commonwealth of PennsylvllIlia, llIld that I will discharge my duties as a HumllIle Society Police Officer with fidelity llIld to the best of my abilities, so help me God, Dated: April , {-.., J ~.d' ,2004 4~.,...! c2~- Lj_lz-o'-( Williartl E. SllIldstrom Sworn to llIld subscribed before me This I :T~ day of April, 2004. 1,--0d.L /: J.dZi(0/~ No ary Public My Commission Expires: ~ D ~ ~ ~ ...0 '3 ~ gg --ttr ~ , \ '-'1 () ~ () c: ~~~. - -'>- .,: ~ J (" o <; >r ~ <.t r--' ~ '.-::.:::1 ..:.,.;" """' ::':'-(,.1 ';-J , CO , > '.PC;:-';;, ~::4 -( ..,-, o -n -::1 :1.- -r1 11If::": ~I....r(1 ~f;\:? r~'" ~> ~,\~;) ;:::.:) ::d ,.C) t,':,i"r\ ~; .4 ~...' -'''' r:-? - o ? RECEIVED APR 1110051 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 r:;q ISC;~ . ORDER 2005, upon And now this \.,. ~ day of consideration of the foregoing Application by the Humane Society of Harrisburg Area, Inc" it is ORDERED and DECREED that William Sandstrom 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~~~ia, with such appointment effective on and after May 29, 2005, ~.,:7' ///;/ ./ '--A/ ,~ J. 2005 f\P;~ 12 Pii12: S 8 Cr i~i' .-' \..H.,t,;. ,C:'::"Ji'JTY .