09-01-10 -- Advocates to Rally at State Capitol on September 13
For Immediate Release
Contact:  North Penn Puppy Mill Watch

Animal advocates from across Pennsylvania will rally Sept. 13 on Harrisburg’s Capitol Steps sending a message to state legislators: Pass Animal Legislation now.

The rally on the 3rd Street steps from 11 a.m. to 1 p.m. is a follow-up to years of effort by animal welfare advocates to pass legislation to improve the lives of all companion animals living in the state’s shelters, commercial breeding kennels and homes.

“In this significant election year, here's our chance to make sure legislators hear us: pass meaningful animal welfare legislation,” said Helen Ebersole, president and co-founder of United Against Puppy Mills, one of several groups organizing the rally.

Legislation relating to how long animals may be tethered outside, health and sanitation regulations in commercial breeding kennels, and eliminating carbon monoxide “gas chamber” euthanasia of shelter animals has long languished in the General Assembly or been diluted before being passed.

Steven Hoover, director of the League of Humane Voters’ Western PA Chapter, supports Senate Bill 672 to outlaw carbon monoxide euthanasia in animal shelters. The bill was introduced in 2006, but has yet to be passed, even though legislators assured Hoover it would be.

“This General Assembly is lagging way behind other states,” Hoover said. “This rally is to try to get them in step with states that have made great strides in getting animal welfare legislation passed. All of us in the animal protection community vote. If the people in this General Assembly won’t listen to us, we will find someone who will.”

Legislators returning from summer break Sept. 13 will be met by rally attendees and their canine companions who are asking all legislators to create animal welfare policy statements – essentially putting their intentions on paper to ensure accountability.

“Over the last five years we’ve heard many promises that, in some cases, amounted to lip-service and we’d like to see our elected officials live up to the guarantees they made,” said Jenny Stephens, director of the animal advocacy group North Penn Puppy Mill Watch.

Tamira Thayne, founder of Dogs Deserve Better, which seeks to limit the length of time dogs may be chained outside (S.B. 1435), will also speak at the rally about similar laws that easily passed in many other states.

“Here in Pennsylvania, six years have gone by while we attempt to pass much more modest legislation,” Thayne said.


09-01-10 -- Shady Grove Couple Appeals Guilty Verdict in Cruelty Case
By:  Jim Tuttle, Public Opinion

FRANKLIN COUNTY -- A Shady Grove couple found guilty of animal cruelty in July have formally appealed the court's decision.

Defense attorney Jeffrey Conrad filed the appeal in Franklin County court early last week on behalf of his clients, Ralph and Susan Fries, he said in a phone interview Tuesday.

During a July 26 summary trial before Magisterial District Judge Duane Cunningham, the Frieses were collectively found guilty of eight counts of animal cruelty.

They were ordered to give up their four Siberian huskies and pay more than $8,000 in fines and restitution.

''We're hoping to get a chance to try the case in the court of appeals. We certainly respect the judge's decision, but at the same time we respectfully disagree," Conrad said.

He said the prosecution's case did not adequately prove that his clients had "wantonly" abused their dogs.

Franklin County Humane Society Police Officer Floyd "Buck" Hessler is confident that the original decision will be upheld upon appeal.

''It's their right to appeal. However, I feel the case is strong against them, but that's up to the courts to decide," he said.

The Frieses' four Siberian huskies were seized April 23 from their residence at 1704 Buchanan Trail East. Hessler acquired a warrant to go into the home after a neighbor contacted him about conditions there.

During the July trial, dozens of photos depicting the dogs and the conditions at the Fries home were entered into evidence by the prosecution.

After finding them guilty, Cunningham set a fine of $200 for each of the citations and ordered the Frieses to permanently surrender the dogs.

They were also ordered to pay restitution of about $6,500 to the Cumberland Valley Animal Shelter for the cost of veterinary care, grooming and daily care since the dogs were seized.

Conrad said Tuesday that his clients are "distraught" over the loss of their pets, which "were like children to them."

''It's frankly incredible that we live in a day and age in the commonwealth of Pennsylvania, that the government will come into a home and seize personal property like this," he said.

Hessler said no date has yet been set any proceedings in the matter.

Conrad said a hearing will probably not be scheduled for several more months.

The four dogs are still being held at the Cumberland Valley Animal shelter pending the appeal, Hessler said.


08-28-10 -- Puppy Law has Flaw
Philadelphia Inquirer Editorial

State regulators need to put more teeth in Pennsylvania's puppy-mill law to prevent animal abuse.

In approving the new rules for the remaining 100 commercial kennels in the state (down from 300 a year ago), the Independent Regulatory Review Commission left a loophole criticized by animal welfare advocates.

The law requires adult dogs to have solid flooring in cages, but it allows puppies under 12 weeks to stand on wire flooring. That means adult dogs that are nursing puppies could live on wire for many months.

That's the very condition that the law was supposed to protect dogs against. The loophole casts a shadow over the much-heralded 2008 puppy-mill law proclaimed by Gov. Rendell to be the toughest in the country.

The Rendell administration's solution to the problem is to require half of a nursing mother's cage to have solid flooring. But experts say no dog should be kept under those conditions. Although wire flooring is cheaper and easier to clean for kennel owners, it can cause painful paw abrasions and other conditions for dogs.

Not all of the rules in the law's 873 pages are deficient. New rules governing temperature extremes in kennels, for example, will prevent life-threatening conditions. But the wire-flooring rule needs to be reconsidered. Pennsylvania has made great strides to shed its standing as the puppy mill capital of the East. It needs to stay on that track.


08-28-10 -- Veterinarian's Animal Cruelty Conviction Upheld
Charge resulted from treatment of dog with tail injury
By:  Cindy Stauffer, Lancaster Intelligencer Journal

Was it a just a snip, or painful surgery performed without anesthesia on a puppy?

A judge ruled in favor of surgery Friday, upholding the guilty verdict of an area veterinarian who was convicted of cruelty to animals for cutting off a dog's dangling tail last year.

"He acted unreasonably, and was utterly indifferent" to the dog's pain or the risk of infection, Lancaster County Judge Howard F. Knisely said, in making his ruling.

Dr. Tom Stevenson, of Twin Valley Veterinary Clinic in Honey Brook, had testified he merely was offering first aid to the dog, which he said did not react when he used a pair of sewing scissors to cut a small piece of skin that anchored the dog's dangling tail.

But an undercover humane police officer who said she witnessed the act said Stevenson held the dog under steaming water and cut away at its tail while it yelped in pain during her visit to a New Providence kennel last March.

In December, District Judge Stuart Mylin found Stevenson guilty of one summary count of cruelty to animals and fined him $750. Friday's hearing was an appeal of that decision.

The state Board of Veterinary Medicine had temporarily suspended Stevenson's license but later restored it. It has not made a final decision about his license.

Stevenson declined comment afterward, but his attorney, Jeff Conrad, said the veterinarian was disappointed in the judge's decision. Stevenson could appeal the decision to the state Superior Court, but has not decided if he will, Conrad said.

Stevenson fought the conviction, Conrad said, because, "It hurts professionally."

The prosecutor, Assistant District Attorney Christine Wilson, said Stevenson acted inappropriately when he treated the dog.

The verdict followed a sometimes contentious hearing — during which Knisely banged on his bench and angrily yelled at Conrad, saying, "Knock off the dramatization, Jeffrey."

During testimony, Tara Loller said she witnessed the incident in March 2009, when she went to Samuel King's kennel in New Providence to purchase a dog while working undercover for the Pennsylvania Society for the Prevention of Cruelty to Animals. She chose a white, poodle-mix puppy with a tail injury.

King told Loller he accidentally had injured the dog the day before while grooming it, Loller said.

In her presence, Loller said, King handed the dog to Stevenson, who was at the kennel that day to do an inspection. The veterinarian turned on a sink at the kennel and let the water run until it was visibly steaming, Loller said.

Stevenson held the dog's tail under the running water and began "picking pieces off the tail," Loller said.

"She was yelping," Loller said of he dog.

Stevenson then grabbed a pair of scissors and, without washing the dog or his hands or the scissors, made six cuts to the dog's tail, rubbing the remaining stub with some kind of ointment, she said.

Stevenson gave a different description of what happened that day.

He said did not bring a medical bag to perform procedures when he arrived at the kennel to do inspections. But while there, King asked him to take a look at the injured puppy.

Stevenson said he held the dog's tail area under running water and started cleaning away "goo" so he could see it better. He saw the tail was hanging by a piece of tissue, and he told King the only way to treat the tail would be to snip off the dangling piece.

He said he scrubbed the dog's tail area with a disinfectant soap and then snipped it and rubbed some antibiotic ointment on it. Loller was not in the room when he did it, Stevenson said.

The dog did not react or make a sound, he said.

"I did what I did because I believed it was in the best interest of the puppy," Stevenson said.

The dog had a wound that could have gotten infected if it was not treated. Also, the puppy would have been more stressed if it was taken from its littermates and mothers to a clinic to be treated and possibly held overnight.

"The snipping was less than two seconds," he said.

"I was the veterinarian there," he said. "I made the best decision based on the situation I was presented with."

But in other testimony, Dr. Rachel Lee, medical director of the PSPCA, said the dog would have suffered pain when Stevenson snipped the tail. In her opinion, she said, the procedure should have been done under anesthesia, with proper sterilization and pain medication.

Conrad said the hearing was important to Stevenson, saying he argued "passionately" for him because the veterinarian is known for his honesty and professional behavior.

But Conrad's passion appeared to irk Knisely who yelled loudly at the defense attorney during a sidebar discussion in front of his bench, saying, "Let's get to the point of a lack of dramatization."

A few minutes later, Knisely exploded again, banging his hand on his bench and yelling, "This is not a game."


08-28-10 -- Shana: "Cash Cow" in a Cruel Culture
By:  Karen Steinrock, The Patriot News (Part II of a Series - Part I Posted Below)

My heartfelt thanks to the many folks who offered to foster Shana and others who sent “get well” wishes to my kitty Otis. He’s slowly healing…and finally wandering out again for his meals.

Meanwhile, Shana awaits placement in a suitable environment, while she relishes the kindness of humans at the boarding kennel. Given her history of six years in a pen and many unknowns, the rescue committee is carefully screening prospective homes—ideally, folks experienced with Newfoundlands.

But the question remains….how did this loving dog end up locked in a pen half her life, pinching out puppies for cash?

The answer is disturbingly simple. People bought her puppies.

Public outrage over deplorable conditions at puppy mills is widespread and commercial kennels under the gun to make improvements. But what about a small-time backyard breeder like Shana’s? Same mentality, smaller operation. Not enough dogs to require a kennel license, thus no inspectors sniffing around.

There are likely hundreds, if not thousands, of small-time, for-profit breeders just like him who fall beneath dog law radar. People see a pristeen farm in God’s country, breathe in the fresh air and assume the puppy has been raised in a loving home with children dancing about. Not always the case.

The adorable furry may be presented to the buyer in a home that smells like fresh-baked apple pie, but that may be the first time junior was out of the barn. Smitten puppy parents rarely ask to see the mother, let alone how she lived. They’re so enamored with the bundle of fur in their lap how could anything be wrong? Anyone who’d seen Shana’s dark, dingy pen would have been as horrified as I was.

No wonder both ears were infected, nails overgrown, teeth tartered, paws matted and burrs buried in her mud-caked coat. The breeder handed me her AKC papers, vet records, asked for her beat up leather collar back (for the next victim, no doubt), and bid adieu to Shana with a halfhearted wave and “See ya”. He had explained earlier, he doesn’t get attached.

You’re probably envisioning this guy as evil incarnate, yet to meet him under any other circumstances he’d appear a nice, clean cut, polite young man. Both Shana and he were born into a culture that exploits dogs for profit. He learned the trade from his father and will likely pass it on to his children. After all, he’s not breaking any laws, just selling a few “wares” on the side to make some extra bucks.

So who is the real villain in this situation….the breeder or the buyers? Maybe a little of both. Preaching responsible dog ownership to a guy like this would be futile. But a smart puppy buyer could hit him right where it hurts – in the wallet. Only buyers can force a breeder to clean up his act by doing their homework and NOT buying puppies raised in these conditions.

Another thought haunts me. Was rescuing Shana the right thing to do? Or did it simply open up her pen for another breeding machine? He made his money off of her and when she could no longer produce, someone was waiting in the wings to take the “liability” off his hands. What a lucky break. He has every reason to do it again.

But let’s not forget the rescue mantra…”One dog at a time” and praise the unsung heroes, including rescue groups who invest considerable time and resources to help dogs like Shana, the staff at the veterinary hospital and boarding kennel who go above and beyond to show kindness to neglected dogs. And, ultimately, the folks who give them a loving home.

Rescuing Shana - Part I
By:  Karen Steinrock, The Patriot News (Part I Originally Published 08/21/10)

My “vacation” got very interesting when a new furry entered our lives two weeks ago.

The 6-year-old Newfoundland had lived her life in a small pen tucked in the dark corner of a barn. She had never been in a house, on a leash or played with toys. Her only exposure to other dogs was a female in the pen beside her and the studs who serviced her.

When she could no longer produce puppies, the owner ran a classified for her that read like an appliance ad….”$250 or best offer”.

The ad haunted me, so I called the number to try and persuade the owner to turn her over to Newfoundland rescue – explaining they would find a proper home but could not pay money for her. I asked why he would part with her at this age and he said her last breeding didn’t take and he was tired of buying dog food. I bit my tongue many times just to keep a dialogue going.

After several calls from me and the Newfy rescue gal, he finally agreed to surrender her. I was ecstatic, and when the rescue coordinator asked if I could take her, quickly converted my van back into a two-dog taxi. She was coming to my house! Woo Hoo!

I had concerns as to whether she and Barney would hit it off, but knew to handle the introduction carefully. He was ready for a companion, preferably a female. I wanted it to work and would make it sure it did.

My heart melted when Shana greeted me with matted paws dangling over the edge of the pen, a desperate yet soulful look in her eyes. And she couldn’t wait to get out of there, literally galloping to my open van and leaping right into the crate. She was onto a new, better life and I felt like a new “mom.” Our ride home was nothing short of joyful.

First order of business was a bath, actually two. She was the dirtiest dog I’d ever bathed. Muck bubbled from her short coat which had been shaved down early summer. . She looked like a chocolate soda but smelled like a sewer. You can imagine.

Then it was time to meet Barney. With careful use of loose leads we could let them posture naturally yet break up any skirmishes. After a half hour or so, Shana’s body language alone put Barney in his place and he stopped needling her. This was going to work.

The rest of the night and next day went without incident. She loved the air conditioning and lounged around the house all day as though she’d always lived here. It was great.

Then a devastating turn of events. Out of nowhere, she grabbed and shook my 17-year-old cat Otis, who dangled helplessly from her mouth-- as though something snapped in her head and a primal/predatory urge took over. We were frantic, backed into a corner of the kitchen desperately trying to pry him from her powerful jaws.

By the time she let go, Otis was already injured and in shock. We feared she broke his back and zoomed off to the vet in a panic. He suffered a puncture would to his neck and brain/spinal trauma but was able to come home. We boarded Shana at the clinic that night for Otis’ safety.

While most Newfies, including all I’ve owned, cohabitate peacefully with cats, this poor dog simply didn’t know any better. Heaven only knows what happened on that farm -- maybe she was encouraged to attack small animals or saw other dogs do it. Regardless, she cannot live in a cat home at this time.

Fast forward to present. The search for a new (catless) foster family is underway while she boards at an area kennel. I visit her often and she’s learning basic commands, motivated more by praise than food rewards. She’s such a forgiving creature and wants to please. What happened was not her fault.


08-27-10 -- Woman Found Guilty on 22 Counts of Animal Cruelty
By:  Staci Wilson, The Times Tribune

A Susquehanna County woman was found guilty Thursday afternoon of 22 counts of animal cruelty and can no longer own more than three dogs at a time for the next five years.

Jeanne Knapp, 53, of Thompson, appealed 78 animal cruelty summary convictions she received last winter by District Judge Peter Janicelli to county court.

Ms. Knapp was convicted of one animal cruelty count for each of the 22 dogs seized from her home. She was found not guilty on 12 counts and 44 counts were dismissed by the judge.

In December 2009, animal control officers seized 22 dogs and four birds from Ms. Knapp's Main Street residence. Since the animals were seized, two of the dogs have died.

"It was one of the worst cases I've seen out of the hundreds of animal cruelty cases I've seen," said prosecution witness Dr. Kimberly Russell, a veterinarian for the Pennsylvania Society for the Prevention of Cruelty to Animals.

"Every single animal was suffering from some form of neglect," Dr. Russell said. The surviving dogs were ordered to be returned to Ms. Knapp's daughter in Afton, N.Y.

Ms. Knapp also must also pay more than $46,645 in restitution to the Pennsylvania SPCA and was fined an additional $50 per conviction.


08-27-10 -- War of Words Leads to Dog Being Shot in Long Pond
By:  Howard Frank, Pocono Record

A dangerous mix of feuding neighbors, roaming dogs and loaded guns have rocked a quiet Long Pond neighborhood.

It all reached a boiling point last week.

Brenda Dean walked into her Long Pond bedroom Friday and found a neighbor's pit bull, named Haze, trying to maul her cat, Ginger. The dog had clawed its way through the Dean's screen door.

She yelled for her husband Michael. The Deans' own dog, Dazy, a black lab mix, chased Haze out across the yard. Dazy had Haze pinned to the ground. The Deans called Dazy back to their porch.

"The pit bull got up and began to pursue, and that is when my husband shot the pit in the chest," Brenda Dean said.

The rifle bullet traveled through Haze and exited out his side. He survived his wounds.

The dog's owner, Jesus Rivera, said Haze was shot for no reason.

Rivera said he was walking Haze on a leash Friday night when the dog smelled one of the Dean's cats and got away from him.

Rivera said he called Haze, who stopped, and began walking back to him when she was shot.

It's just the latest episode between neighbors who claim Rivera's dogs have been terrorizing them for years.

For the Deans, it began 10 years ago when Brenda said Rivera's Rottweiler Fluffy attacked the Deans' German shepherd Zeke who was sleeping on the Deans' deck.

"Fluffy grabbed Zeke by the face and dragged him across the yard," Dean said. "By the time we all reacted he was chewing Zeke's face. I was hitting Fluffy with a shovel. By Jesus' instruction, my son hit Fluffy with a two-by-four."

Fluffy tore out Zeke's eye and ripped him in his groin.

Since that incident, Rivera's pit bull puppy Haze and Fluffy both run loose at night, according to the Deans and their neighbors.

There have been other incidents.

"They were constantly going after my ponies," neighbor Ed Hall said of Rivera's dogs.

Hall went to court and was told if the dogs come on his property, he can shoot them.

Fluffy, Hall said, killed 17 quail two years ago. When he went to Rivera, the man told him it wasn't his dog.

"The only way to prove it's his dog is to shoot it," Hall said.

In January, his brother and neighbor Tom Hall was confronted by Haze, who he said growled and bared teeth.

"I'm not scared of those dogs," Hall said. "I'll shoot them."

Hall lives next door to the Riveras.

"He could keep elephants over there — as long as he keeps them in his yard."

Deans' kitten Rose was chased by Haze, according to the family. The kitten was later found mauled on the side of the road.

The Deans have tried unsuccessfully to get the local dog warden, George Nixon, involved. "All he's ever told us to do is contact the Pocono Regional Police Department to issue a citation to Rivera," Dean said.

When she did, Pocono Regional told her the dog warden was responsible for issuing the citation.

Under Pennsylvania's dog laws, if a dog even chases another animal, it could be deemed dangerous. And it is the dog warden's duty to enforce those laws, although the responsibility to cite owners for dogs running loose is shared with law enforcement.

Justin Fleming, spokesperson for the Department of Agriculture, the state agency that oversees dog law enforcement, said no complaints came into the Bureau of Dog Law Enforcement about the Riveras.

Officer Jim Apgar of the Pocono Mountain Regional Police said he expects to issue citations to the Riveras soon under the dog laws. He acknowledged it's not the first incident involving one of Rivera's dogs.

Both Jesus Rivera and his son, Jimmy Rivera, denied Haze or Fluffy ever attacked another animal.

"Hands down it's a true public safety hazard," Apgar said. "When you have people who can't walk their dogs in their own yards and they are armed with a gun, it's a problem."


08-26-10 -- PSPCA Removes 92 Dogs From Stroudsburg Home
By:  Amy Worden, Philadelphia Inquirer

The Pennsylvania SPCA removed 92 dogs suffering from parasites, matted fur and severe flea infestation from a home in Stroudsburg earlier this month.

On Aug.12, officers executed a search warrant at a home on the 7400 block of Terrace Drive in Stroudsburg and found 92 dogs of various small breeds were removed from the property and brought to PSPCA headquarters for medical evaluation, the organization said in response to a reporter's query.

All the dogs were signed over to the PSPCA and have either been adopted, placed with rescue groups or are in foster care. The PSPCA said it was a hoarding case, not a puppy mill, and did not identify the property owner who is facing cruelty charges.

Bill Smith, of Main Line Animal Rescue, said at least one of the 12 dogs he took in had an upper respiratory infection. PSPCA spokeswoman Liz Williamson said the animals did not arrive sick, but that it is not uncommon for animals to develop upper respiratory infections following a stressful event, such as being transported to the shelter and receiving medical exams.

The majority of the dogs were transferred out of the shelter very rapidly - within 48 to 72 hours of being brought in. Most of the dogs have been in foster care or with rescues for a much longer period of time than they were at the shelter, she said.

Why did it take two weeks for word to get out about such a large raid? Williamson said the PSPCA does not "inform the media about every search warrant that is executed."

The PSPCA closed its shelter in Monroe County (where Stroudsburg is located) in 2009. The PSPCA still has an officer assigned to the area and others are sworn-in and therefore have authority to prosecute cruelty cases there, Williamson said.


08-26-10 -- Dog Law Fixes
By:  Lancaster Intelligencer Journal: In Our View

A year from now, Pennsylvania's commercial dog breeding kennels will face tough new rules regarding the treatment of the animals they house.

Aimed at changing Pennsylvania's reputation for "puppy mills,'' the new regulations govern temperature, ventilation, humidity, lighting and flooring in kennels that breed dogs for sale to dealers or pet stores or that sell more than 60 dogs during a year.

The regulations mandate that kennels be adequately ventilated, that excessive humidity levels be reduced and that temperatures be continuously monitored throughout the day.

But one part of the rules - which run 873 pages - remains particularly controversial. This is language that allows puppies and their mothers (for a limited time) to reside in cages in which the flooring is comprised of wire mesh.

Mesh flooring allows animal waste to pass through and makes cleaning easier for kennel operators. However, this flooring is very hard on animal paws and can result in abrasions and splayed feet.

Mesh flooring is generally banned by the new kennel regulations, but this exception has attracted the concern of animal rights organizations and some lawmakers.

Even the state's Independent Regulatory Review Commission, which has final say on all new state regulations, noted the contradiction in the mesh flooring exception.

In approving the kennel regulations, the commission said there was an "oversight'' in the law regarding mesh flooring and called on lawmakers to amend the measure to ban it entirely.

We agree. We would urge the Legislature to address this situation immediately so that kennel operators will have time to comply before the regulations take effect on July 1, 2011.

Kennel operators complain that the new rules are unnecessarily costly. However, the state's tough new approach to dog breeding was a response to horrific conditions in some kennels, a number of which operated outside earlier regulations.

Already, new requirements for licensing, veterinary care and now the specter of rules on temperature, ventilation, humidity and lighting have led to the demise of about two-thirds of the commercial kennels in the state. About 100 of these large kennels now remain.

The state has a responsibility to make sure those that remain comply with all the new rules and lawmakers and regulators must make sure that this includes a complete ban on mesh flooring.


08-25-10 -- Woman Appealing Animal Cruelty Convictions
By:  Staci Wilson, Susquehanna County Independent

A Susquehanna County woman appealing 78 convictions of animal cruelty from an alleged puppy mill operation near Thompson is getting another few days in court this week.

Jeanne Knapp is having her case heard in a judge’s trial before Susquehanna County Court of Common Pleas President Judge Kenneth Seamans.

She was unhappy with the summary convictions she received last winter from Magisterial District Judge Peter Janicelli.

In December of 2009, animal control officers seized 26 animals (22 dogs and 4 birds) from Knapp and charged her with 78 counts of animal cruelty of which she was found guilty in January.

Prior testimony in Knapp’s appeal was offered in May.

On Monday, Dr. Kimberly Russell, a veterinarian for the Pennsylvania Society for the Prevention of Cruelty to Animals, who took the stand for the prosecution said, “It was one of the worst cases I’ve seen out of the hundreds of animal cruelty cases I’ve seen.”

Russell noted, “Every single animal was suffering from some form of neglect.”

The veterinarian described some of the dogs as arriving at the Philadelphia shelter in an emaciated state and suffering from dehydration, ear infections and upper respiratory infections.

Knapp’s attorney, Robert Hollister questioned Russell about the various vet services and treatments provided to the animals.

In court testimony, Officer Annette Hoffman described animals in poor physical conditions, with fur matted with feces and mud; overturned, dirty water and food bowls; and sub-standard housing.

Since the Dec. 2, 2009, seizure of the animals, two dogs have died. One, named “Saturday” by PSPCA officers, died in January and another dog, referred to as “Monday,” was euthanized in July, according to court testimony.

Hoffman said the PSPCA had received a complaint in November 2009 of sick-looking dogs with improper shelter at the Knapp residence.

The officer said that upon arriving at the house, she could see several large dogs, described as shepherds, and at least one small dog.

Hoffman testified that she could see “every rib” and protruding hip bones on the dog housed closest to the driveway.

“The dog appeared to have caked on mud and feces on it,” Hoffman offered.

Knapp denied the officer access to the property to investigate and Hoffman obtained a search warrant based on the condition of the dog she had seen.

Of the dogs eventually removed from the Knapp residence, Hoffman said about half were shepherd or shepherd-mix canines; the other half were small dogs, including a Pomeranian, Yorkie and some terrier-mixes.

Knapp had refused to surrender the animals, Hoffman said.

Attorney Elizabeth Anderson was also called to testify by the prosecution. Anderson said she works as a PSPCA consultant and she testified that as of Monday, Knapp owed PSPCA more than $49,000 for the veterinarian care administered and daily boarding of the animals.

PSPCA Officer Greg Jordan also offered testimony in court on Monday. Jordan was present during the seizure and transport of the animals.

The prosecution rested its case late Monday afternoon.

Hollister recalled Russell to the stand as his first witness and questioned the vet about costs of vaccinations and the vet services to the animals.

Russell said she provided the PSPCA clinic manager with a record of services rendered and the manager determined the charges.

The case is scheduled to resume on Thursday, Aug. 26 at 1 p.m


08-25-10 -- Caged: When Judges Hand Down Prison Time for Animal Abuse
By:  Elizabeth Evans, York Dispatch

In the past decade, York County judges determined some animal cruelty cases were heinous enough to warrant prison time. Here are some of them:

June 2001 -- Dallastown resident Ray T. "Buddy" Kreeger Jr. was charged with misdemeanor animal cruelty for mortally wounding a kitten by hurling it against a wall, an act witnessed by a half-dozen small children on West Pennsylvania Avenue in Yoe. Jurors took 20 minutes to convict Kreeger, who was later sentenced to one to 23 months in prison by Common Pleas Judge Sheryl Ann Dorney.

October 2001 -- York resident Mark Ray Myers was charged with summary animal cruelty for allowing a Dalmatian named Shiloh to starve to death. District Judge Barbara Nixon found Myers guilty and sentenced him to 30 days in prison. Myers appealed to York County Court, where Common Pleas Judge Michael J. Brillhart upheld Nixon's ruling and increased the prison sentence to 45 days.

December 2002 -- Lower Windsor Township resident Charles Shanebrook was charged with misdemeanor animal cruelty for deliberately running over a dog along Winterstown Road in Hopewell Township. Traffic was stopped as two people tried to coax the dog off the street, but Shanebrook honked his tractor-trailer's horn, kept driving and fatally struck Harry, a 14-year-old chow mix. After Shanebrook was convicted, Common Pleas Judge Sheryl Ann Dorney sentenced him to three to 23 months, minus a day, in county prison. Shanebrook remained free on appeal, but in August 2005 the sentence was upheld by the state Superior Court and Dorney ordered Shanebrook to prison.

February 2004 -- York City resident Kalief Watkins was charged with felony animal cruelty for running a dog-fighting ring out of his former home in the 300 block of East King Street. Police and York County SPCA officials raided the home and found dog-fighting equipment, a rifle, drugs and a female pit bull tied to a bench. The dog, Angel, had apparent fight scars and was later adopted. Watkins pleaded guilty to misdemeanor animal cruelty, illegal gun possession and possession of marijuana and was sentenced to two to four years in state prison by Common Pleas Judge Penny L. Blackwell.

February 2007 -- Shrewsbury resident Celeste Rainone was charged with misdemeanor animal cruelty in Hydes, Md., for killing a poodle she was grooming at her business there, Grooming by Celeste. Fourteen-year-old Rajah was beaten, strangled and mutilated, authorities said. Rainone was sentenced to 90 days in prison and ordered to surrender her Maryland grooming license.

March 2009 -- York City resident Vernard L. Lee III was charged with summary animal cruelty for cutting off the ears of his 8-week-old pit bull, Chance, rather than have a veterinarian perform the procedure. During the SPCA's investigation, Lee relinquished ownership of Chance, who was sent to a private rescue organization for adoption. Lee was sentenced to 15 days in county prison by District Judge Richard Martin II.


08-25-10 -- Illegal Kennel Charges Continue in Franklin County Court
By:  Vicky Taylor, Public Opinion Online

A Greene Township farmer charged with running an illegal kennel failed Tuesday to convince the judge that he didn't break the state's dog law when three dogs he had given to his father gave birth to puppies this year.

Paul S. Ebersol, 51, took his case to a full preliminary hearing Tuesday in front of Magisterial District Judge T.R. Williams at Franklin County Central Court. He is charged with three counts of failure to maintain sanitary kennel conditions, one count of operating a kennel without a license and one count of failure to keep proper kennel records.

All of the charges are third-degree misdemeanors.

Ebersol, who represented himself in the court proceeding, argued that of 40 dogs on his property when charges were filed in June, three adult dogs and 17 puppies belonged to his father and were not part of his breeding operation.

He said he did not realize that he had to have a kennel license because he did not consider those 20 dogs part of his breeding operation, even through his father's mobile home was located on his farm.

Ebersol told Public Opinion in June that he had given the adult dogs to his father before they gave birth.

Assistant District Attorney Gerard Mangieri pointed out that the state's kennel law specifically includes every dog kept at all locations on a property when determining when an individual or operation must obtain a kennel license.

Williams agreed, finding enough evidence to send the case into the county's Court of Common Pleas for trial.

Ebersol owns and operates Sunset Kennel at his 4970 Sunset Pike property. Sunset Kennel's license expired Dec. 31 and the kennel was officially closed as a licensed facility, according to court records.

Under the law, anyone with more than 25 dogs in a given year is required to have a kennel license. A closing inspection of Sunset Kennel in January found 22 adult dogs and one puppy on the premises.

According to charging documents, on June 23 state Dog Warden Georgia Martin found 40 dogs on Ebersol's property after executing a search warrant.

Ebersol has said he "down-sized" his kennel operation this year and did not realize the three German shepherds he gave his father and the 17 puppies those three dogs had given birth to put him in violation of the new kennel law that went into effect last fall.

While his father's dogs and their puppies were on the same property, Ebersol said he believed they should not be counted among his dogs.

Ten members of Ebersol's family, including his wife, were at Tuesday's hearing.

Ebersol's next court date will be a formal arraignment, set for 1 p.m. Oct. 6.

View Kennel Inspection Reports:   2009  Click HERE                 2010  Click HERE


08-25-10 -- Pocono Animal Shelter Running Out of Money
By:  Beth Brelje, Pocono Record

The AWSOM animal shelter in Stroudsburg could close in a month if more money is not raised immediately.

"I'm not sure what will happen. We may not be around. If we don't have money to be open, we will be closed," said Angela McKenzie, treasurer of the Animal Welfare Society of Monroe.

The shelter is overpopulated with cats and has around $24,000 left in the operating funds, according to McKenzie. That is enough for 24 days. It takes about $1,000 a day to run the shelter, which shuns euthanization in most cases.

One reason for the shortfall is the high cost of saving animals with veterinary care. Leg amputations, wound care and a host of other long- and short-term medical issues are treated on animals that would be deemed unadoptable at some other shelters.

An increase in the number of animals abandoned at the shelter overnight is also to blame for the low funds. The practice is not allowed, yet several times a week, animals are dropped off, often in multiples, while the shelter is closed.

A small cage with a nursing cat and four kittens recently increased the cat population by five, McKenzie said. AWSOM has about 80 cats in need of homes.

Pet abandonment is an economy-driven trend across the state.

In Erie, 15 healthy cats were recently euthanized in one day due to lack of space at the Humane Society of Northwestern Pennsylvania. Euthanasia, predominantly of cats, is soaring due to a surge in abandonment, according to an article by Erie Times-News reporter Gerry Weiss.

AWSOM's no-kill shelter in Monroe County opened in November 2009 after the county went without a physical shelter for nine months. Previously it was run by the Pennsylvania Society for the Prevention of Cruelty to Animals, which closed the Stroudsburg shelter in January 2009.

Rescue groups and animal advocates formed a new local response to animal welfare — a no-kill or life-affirming shelter philosophy in which sick animals are nursed back to health and no animal is euthanized just to make space for another.

The Pennsylvania SPCA now leases the Stroudsburg shelter to AWSOM, the organization formed by these animal advocates.

Adoptions declined in the summer in Stroudsburg, further reducing income. To encourage adoption, AWSOM is offering reduced cat adoption rates at a loss. Adopt one cat for the usual rate, $50, and get a second cat for $25. The fees don't cover the care AWSOM provides.

In addition to operating money, AWSOM has around $50,000 set aside for a spay/neuter clinic that is in the works. It is money the group does not want to touch for operation expenses.

"Once we have a clinic, we will be sustainable," said AWSOM board member Marie Grimm.

One hundred percent of donations go to shelter operation. Find information about donating at www.awsomanimals.org, or call 570-421-3647.


08-25-10 -- Bad Economy Bad Times For NW PA. Cats
By:  Gerry Weiss, Erie Times-News

There is reverence in this room.

For the difficult task performed. For each cat or dog, treated with calming compassion until the very end.

The euthanasia room, tucked away inside the Humane Society of Northwestern Pennsylvania, has little in it. The walls are bare and painted light purple. An examination table is placed near the middle.

A staff member, wearing long rubber gloves, removes the animal from one of the clinic's cages and carries it into this room.

Another worker often apologizes to the cat or dog, and then injects it with a dose of Sodium pentathol.

The animal is dead within three or four seconds.

But on Thursday at the Humane Society, one animal was followed by another, and another, and another.

Officials said 20 cats were euthanized that day, 15 of which were healthy and at the shelter for less than two weeks.

Euthanasia, predominantly of cats, is soaring at area animal shelters — a crisis, officials say, brought on by a drop in adoptions and a sharp rise in drop-offs of stray and abandoned cats that local clinics are calling an epidemic.

The culprit, shelters believe, is the bad economy matched with the expenses of having a pet, making the sad rise in euthanized animals — many of which are healthy and adoptable — one of the more startling fall outs of the recession.

The Humane Society euthanized 73 percent of its cat intakes between April 2009 and this past July. The clinic projects it will euthanize more than 1,600 cats in 2010, its highest number in at least a decade, said Joe Grisanti, the shelter's executive director.

In 2008, the Millcreek Township agency took in 1,258 cats, adopted out 624, and euthanized 467. In 2009, intakes nearly doubled, to 2,114 cats, while adoptions dropped to 518. The clinic euthanized 1,436 cats.

The Humane Society — which euthanizes for medical reasons, behavioral issues and shelter space, according to its executive director — is on pace in 2010 to see its cat intakes surpass 2009's total.

Grisanti said the shelter, which typically holds about 150 animals, cannot keep up with the pace of strays and abandoned cats being dropped off given the low number of adoptions.

"Everyone thinks this is an adoption agency, but it's a euthanasia agency. And the public doesn't want to know that, and isn't able to digest that," Grisanti said. "People think that this special cat is going to get a wonderful home when dropped off here, but they give little consideration to what will really happen. And that reality is very hard on us because we put to death animals we love, admire and respect every day."

The shelter also has seen more signs of neglect, abuse and significantly diminished health in the drop-offs, leading to a rapid spread of illness throughout the clinic and the harsh consequence of having little chance of being adopted.

Grisanti said he and his staff of about 20 are "frustrated, saddened and angry" at what he calls "an outrageous display of behavior by irresponsible pet owners and the public who contribute to this very serious crisis."

Shelter officials believe there are tens of thousands of stray and abandoned cats roaming the Erie region, overloading animal enforcement officers this year with nearly twice as many cats as officers collected in 2009.

The recession, which began in late 2007, placed a crunch on pet owners' wallets, officials say, and still continues to make them less likely to spay or neuter and more likely to leave their pet outdoors. That habit has spurred a massive spike in mating and led to more unwanted litters.

The poor economy also created a larger number of transients: people faced with new landlords not accepting of pets, and more pet owners with less money eventually giving up on those animals.

"I'm getting bogged down with strays. I've never seen it this bad," said Kris Watkins, manager of the A.N.N.A. Shelter, 1555 E. 10th St., adding that her clinic has seen a 20 percent spike in cat intakes from 2009.

The shelter receives most of its cats and dogs through contracts with several animal enforcement agencies, including the city of Erie, Erie County and Lawrence Park Township.

Watkins said her agency accepts drop-offs from the public by appointment only.

"I have to be selective. I don't have a lot of space," she said. "If we opened our doors and let anyone come in and drop off a cat, the numbers would be astronomical."

The shelter, which opened in 2004, tries to keep its cat population at about 60, said its director, Ruth Thompson Caroll. Last week, A.N.N.A. had 119 cats, and at times this year has taken in three times as many kittens as normal.

Caroll said the shelter euthanized more cats between October and December of 2009 than any three-month period in its history.

"The public needs to be educated on what has become a cat epidemic," she said. "People think they're doing the good-Samaritan thing by feeding and sustaining these stray cats. But they don't spay or neuter, and if the cat doesn't come back, they just do the same thing for the next one to come along."

Shelters take various steps to spare a cat or dog the finality of euthanasia.

Community lost-and-found lists are checked.

Ads are run in newspapers.

Clinic staff scan the animals for microchip implants and any identification that would link a pet to its owner.

Lately, at the Humane Society, those efforts have been futile.

On Thursday, a short-haired black cat was curled up toward the back of a cage inside what the shelter calls its "known-history" room. The 6-year-old, dropped off at the clinic on Aug. 10, had goopy discharge around his watery eyes, and he couldn't stop sneezing.

The room, as big as a walk-in bedroom closet, had 15 cats inside 12 cages, including two litters of kittens on Thursday. Sounds of meowing and an occasional hiss filled the space, which is directly next door to the shelter's "unknown-history room."

In here, there is little hope.

One cat wheezed with respiratory failure. Another cat had physical wounds and open sores.

In a bottom corner cage was a gray 2-pound stray, picked up by Millcreek Township animal enforcement after he was found in the parking lot.

On this day, this will be the last morning 20 of these cats see.

Once euthanized, they are individually wrapped in a plastic bag, stored in a freezer for a day or two, and then taken in 400-pound batches to a crematory inside the building.


08-25-10 -- Breeder Admits Cruelty, Operating Illegal Kennel
By:  Jo Ciavaglia, Bucks County Courier Times

A former Solebury woman will pay $6,400 in restitution and fines for operating an illegal kennel inside a rented home under a plea agreement that settles the 4-month-old case and releases most of the poodles for adoption.

Grace Lossman, 62, who no longer lives in Pennsylvania, pleaded guilty Tuesday before District Judge Maggie Snow to eight counts of cruelty to animals, operating an illegal kennel and continuing to operate a kennel without a license.

She was fined $1,400 for those violations and ordered to pay another $5,000 in restitution to the Bucks County SPCA, which has cared for the poodles since they were removed.

The SPCA, Solebury police and state Bureau of Dog Law Enforcement raided the house in the 3100 block of Aquetong Road in April and found more than 35 dogs, puppies and one cat living in unsanitary and inhumane conditions. The property was operated as an illegal kennel under the name Belcanto Standard Poodles.

Thirty-four standard poodles and the cat were taken during the raid and found to be in fair health. State law requires anyone with more than 25 dogs on their premises to have a kennel license.

A computer professional, Lossman said earlier this year that she raised "highly skilled performance dogs." She said she occasionally would sell a puppy to "a very good person," but that the dogs were her pets.

Lossman was allowed to keep the four oldest dogs and the cat under the settlement, said Anne Irwin, director of the Bucks County SPCA.

Seven dogs under Lossman's care were returned to their owners and all but nine of the remaining dogs can be adopted by families that have been waiting since April to take them home, Irwin said.



08-23-10 -- Cumberland Valley Animal Shelter Needs $2.7 Million
By:  Jim Hook, Public Opinion Online

GREENE TOWNSHIP -- The exterior of the new Cumberland Valley Animal Shelter looks finished.

And contractors actually are just days away from finishing up the contract to build the shell.

"The inside is still empty," said Jennifer Vanderau, shelter communications director. "We need help to turn on the lights."

The shelter needs $2.7 million.

"When we first started this, we had hoped to be real close to moving in," Vanderau said. "It's taking longer because of the economy."

The animal shelter and CSX had agreed in 2007: The shelter, located adjacent to the new CSX rail/truck terminal, would move by September 2010; CSX would donate $600,000 to the cause. It was not in the best interest of homeless dogs and cats to shelter them next door to an operation with sudden loud noises.

It was apparent before the groundbreaking last year at Letterkenny Road West that raising the money would take longer.

Shelter officials remain confident that CSX will extend the deadline because of the shelter's effort and the economic climate.

A challenge grant presented two months ago has a way to go. Michael and Patricia Hurt offered a donation of $50,000 to the capital campaign if the community would raise an additional $100,000. The shelter has since received more than $59,000 in pledges and cash donations, $41,000 short of the goal.

"We are very pleased with the great initial response to our challenge grant so far, and are optimistic that our goal will be met or exceeded," the Hurts said in a joint statement on Friday. "We visited the site of the new shelter last week and were impressed with the continued progress. Hopefully, the challenge grant can be completed before the end of this year. Our only goal is to see the shelter construction continue to move forward to completion. Thank you to everyone who has supported this effort."

The shelter began its Rallying to Relocate Capital Campaign about a year ago and is proceeding with construction as the money comes in. Work will draw to a close on the $4.2 million project until money is raised for the final phase -- to run wire and plumbing, put up walls and install kennels.

"We need to do this in phases as money allows, because we couldn't take the shelter into debt," Vanderau said.

The shelter has received tremendous support from the local business community with in-kind contributions, she said. Other businesses and individuals continue to support the shelter's operating budget.

"We are so much more than a building with kennels and cat cages," shelter President Nancy Gardner said. "The programs we have for the benefit of the community are far-reaching and effective in educating the public about animal welfare.

"The cruelty investigations and seizures of both domestic and farm animals are vital to ensure that animal suffering is addressed. All of our valuable programs come with a cost that, as a professional shelter, we must meet on a daily basis."

The existing shelter on Country Road in Guilford Township is operating at near capacity, Vanderau said.

Staff is making do, she said. The epoxy floors are getting rough with patchwork, she said. Kennel doors are getting tougher to open and close. Ventilation has always been relatively inadequate because of the age of the building.

The existing animal shelter was built in 1983 and expanded in 1995.

"We invite the public to visit our present shelter and see firsthand the overcrowded conditions our staff must cope with," Gardner said. "We desperately need to get to our new location, where our work will be more easily and more efficiently accomplished. In the end, a community gets the degree of sheltering it is willing to support. Our animals are relying on this community to get them to Letterkenny Road West."

The new LEED-certified shelter will incorporate quality ventilation, flooring that will withstand constant disinfecting, isolation areas separate from adoption areas to reduce the spread of disease, and more space for homeless animals.

Franklin County Commissioner Robert Thomas was one of the first individuals to respond to the Hurts' challenge.

"Sherryl and I had planned to make our contribution to the final phase of the shelter's relocation," he said. "When we heard about this generous challenge by Mr. and Mrs. Hurt, we decided to contribute immediately. We hope our example will urge others to do the same."

No county tax dollars are budgeted for the shelter. Municipalities support the shelter's annual operating budget. Some donated equipment and time to clean the site for the new shelter.


08-21-10 -- PA Dept. of Ag Allowed to Gut Dog Law
By:  Laura Allen, Animal Law Coalition

The Pennsylvania Independent Regulatory Review Commission (IRRC) has approved regulations offered by the Dept. of Agriculture and its Bureau of Dog Law Enforcement that gut the ban on wire flooring for breeding dogs held in Class C commercial kennels.

This despite nearly universal opposition to the regulations during the public hearing held by IRRC on August 19.

One of the notable accomplishments of the 2008 Dog Law was the unequivocal requirement that Class C commercial kennels cannot use "metal strand whether or not it is coated" for flooring and even slatted flooring can have spaces no more than 1/2 inch between them and slats must be at least 3.5 inches wide and "run the length or the width of the floor, but not both."

In June, 2010, the Pennsylvania Canine Health Board unanimously rejected a proposal to allow Class C commercial dog kennels to use wire flooring or "hog flooring". The Board also rejected use of plastic flooring that has "paw-and-claw-grabbing" holes. 3 P.S. Sec. 459-207(i)(3).

Despite the law and overwhelming opposition, Gov. Ed Rendell's Dept. of Agriculture and its Bureau of Dog Law Enforcement have managed to push through regulations that allow nursing mothers in Class C kennels to live in kennels with 50% wire flooring. In fact, the plan, according to Jessie Smith, Deputy Secretary for the Bureau, is to allow dogs about to give birth also to live in kennels with 50% wire flooring.

For more on the plan by the Dept. of Agriculture and Bureau of Dog Law Enforcement to allow nursing mothers and mothers about to give birth in Class C commercial kennels to live on wire flooring click HERE

The Pennsylvania United Against Puppy Mills (UAPM) working with Animal Law Coalition presented this statement to IRRC, "It is clear from reading the Dog Law provisions for Class C kennels in particular, that in prohibiting wire flooring altogether, the legislature was well aware there would be nursing mothers in the kennels. And, after all, that is the purpose of commercial breeding kennels, i.e., to house dogs that are pregnant or nursing. The legislature did not create any exception that would allow part of the flooring in kennels occupied by nursing mothers to be wire. That is something completely made up by the authors of these regulations in direct violation of the law.

"The excuse offered for violating the law is that the wire flooring will facilitate cleanliness. First, the law already provides for the option of slatted flooring and also requires the floor, whether solid or slatted, to allow drainage of fluids. Sec. 459-207(i)(3). There are extensive requirements for regular cleaning as well. All of these issues were considered by the legislature and the law passed prohibits wire flooring and also provides requirements to facilitate cleanliness. It is not for the Dept or Bureau to rewrite this carefully considered scheme."

UAPM also presented evidence that regardless nursing dogs clean up after their puppies.

Jenny Stephens, director of North Penn Puppy Mill Watch, told IRRC, "No wire means no wire." Stephens told the Commission "there are currently in excess of 12,000 dogs housed in these large scale breeding facilities that operate as for profit businesses.

"The flooring regulation, as drafted by the Bureau, presents a serious enforcement issue.  Larger kennels housing 3, 4 and even in excess of 500 dogs, already present a sober challenge to the dogs wardens charged with ensuring compliance with the Dog Law.

"On any given inspection, wardens will have no way of knowing how long any particular female has been on wire or how old any specific litter of puppies may be. 

"Additionally, wardens will have no way of knowing whether or not a dog confined to a cage with wire flooring has or has not had an opportunity to exercise that day."

Significantly, Stephens told the Commission about a July 20, 2010 kennel inspection report where despite the law, the dog warden approved, even recommended the use of wire flooring in a Class C commercial kennel.

She explained, "While wire flooring is currently banned in Pennsylvania's commercial kennels, we found the following comment during our audit that was entered by a dog warden on an inspection report dated July 20, 2010:

'The metal strand flooring shall not allow the feet of a dog to pass through the openings in the flooring.  It was suggested to the kennel owner to lay another panel of metal strand flooring on top of the current flooring so that the strands overlap and decrease the size of the holes.  The kennel owner could replace the current metal strand flooring with slatted flooring or metal strand flooring that has smaller holes.  Or the kennel owner could lay Dri-Dek mats on top of the flooring.'"

Stephens pointed out, "There is NO indication in this report that the dogs referred to by this warden are pregnant or nursing mothers or puppies under the age of 12 weeks."

Steven Hoover, Director, Western PA Chapter, League of Humane Voters, told IRRC, "Wire flooring, or hog flooring as it is commonly known, is made for animals with cloven hooves. I have yet to see any dog that has cloven hooves.

"The wire flooring causes extensive, painful, and unnecessary damage to the soft pads on their feet. This is why it was prohibited in [the 2008 Dog Law].... If the breeders are too lazy or incompetent to keep the enclosures in a sanitary manner, on solid flooring as the law states, they have no business being a breeder in the first place; just as the Dept. of Agriculture has no business pimping the unscrupulous designs of the breeders."

Hoover also described "the obvious alliance between the breeders and Sue West, [Director of the Bureau of Dog Law Enforcement], Jessie Smith, and the Dept of Ag. which has direct bearing on this hearing. The real issue is the Dept. of Ag. breaking the law on behalf of the breeders."

He explained, "I have personally witnessed their coalition and disregard for the laws as stated in [the 2008 Dog Law]. On July 8th, there was an open conference call hosted by puppy mill lobbyist Michael Glass about the new proposed regulations. Jessie Smith was the guest speaker.

"I questioned Ms. Smith about the 81 waivers and exemptions which have been handed out to breeders like candy at Halloween, even though the breeders have had three years to comply with the law. I asked that in order to receive a waiver, do I need to submit a detailed report of why I need an exemption after all this time, proposed efforts to comply, and also what I have done to comply with the law since 2008? The answer Ms. Smith gave me was no - just that I should state I have to undergo 'major reconstruction'.

"So breeders are given the right to break the law by Jessie Smith, Sue West,  and the Dept. of Ag. with no justification whatsoever for doing so. At the conclusion of the call, Michael Glass labeled those who want the law to be complied with as 'extremists'."

Indeed, several in attendance at the August 19 IRRC hearing, described that the "fix was in" before the hearing and IRRC simply rubber stamped a decision made earlier by the Bureau of Dog Law Enforcement to appease commercial breeders.

Hoover concluded, "The real issue of this hearing is the law and the fact that the Dep't of Agriculture has no authority to rewrite it". 

The new regulations also omit mention of the statutory requirement that dogs held in Class C commercial kennels have "unfettered access" to an exercise area. It appears the Bureau intends to proceed with its plan to deny this as well to nursing mothers and mothers about to give birth.

UAPM working with Animal Law Coalition presented the IRRC with alternative regulations that would comply with the 2008 Dog Law. (The proposed alternative regulations are attached below for downloading.) There was no response from the IRRC to this or any other argument or alternative put forth by opponents of the regulations. As one attendee described, "It was as if the IRRC simply waited for everyone to finish talking and then, as planned, approved the regulations." 

Prior to the IRRC hearing, Bill Smith, founder of Main Line Animal Rescue (MLAR), circulated to Jessie Smith the video below of a puppy mill dog rescued by MLAR. Bill Smith said the dog "had a broken hip when she came to us.  And broken teeth.  After a year of extensive rehabilitation (very timid) and surgery and water therapy, she found the best home.  A great home!  And she's no longer forced to stand on 50% wire flooring in some dilapidated hutch!  Trapped in some hot barn without access to fresh air and an outdoor run!  This is what's it all about folks - dogs being dogs with a little joy in their lives".  View the video:  Click HERE

Why is it so difficult for Gov. Rendell and the Bureau of Dog Law Enforcement to understand that?

WHAT'S NEXT?

Pennsylvania Attorney General and gubernatorial candidate Tom Corbett must now review and decide whether to approve the regulations.


08-20-10 -- Panel Approves Controversial Pennsylvania Dog Law
By Chris Togneri, Pittsburgh Tribune Review

HARRISBURG -- Secretary of Agriculture Russell Redding called it "a great day for dogs."

But few others agreed.

The state Independent Regulatory Review Commission yesterday approved Pennsylvania's controversial dog law, aimed at improving the lives of breeding dogs in the state's 111 commercial kennels.

The 3-1 vote occurred after more than four hours of testimony, which featured rare agreement between animal rights activists and breeders. The groups usually are at odds, but yesterday they urged the commission to reject the law and send it back to the Department of Agriculture for further revision.

Activists argued that recent amendments to the law betray its original intent.

"The people of Pennsylvania and the Legislature worked very hard for the passage of sweeping reforms," said Bill Smith, who runs the Main Line Animal Rescue in Chester County. "We all expected breeding dogs ... to be free of confinement in tiny wire-floor cages."

At issue are regulations concerning flooring.

When the law was adopted in 2008, the goal was to ban wire flooring, which can trap dogs' paws and lead to splaying. But a July 14 amendment allows pregnant and nursing dogs to be housed in pens with 50 percent solid flooring and 50 percent wire flooring.

Redding said the amendment was needed because the original law was unclear.

The law banned wire flooring for dogs older than 12 weeks, but not for puppies. And because puppies are required to stay with their mother while nursing, breeders were confused, Redding said.

"There was a conflict in the law, and we tried to find a solution," he said.

The law now goes to the Attorney General's Office for a legal review, officials said. The new regulations take effect July 1, 2011.

Smith and others promised to sue the department in hopes of attaining a complete ban on wire floors. They also want adult dogs to have unfettered access to outdoor exercise areas, which is not part of the law.

Breeders and their supporters, meanwhile, lined up to oppose the law, albeit for different reasons.

The dog law is an example of "overregulation," breeders said, arguing that upgrades to install ventilation and cooling systems are too expensive and designed to run them out of business.

At the beginning of last year, the state had more than 300 commercial dog kennels. Today, there are 111.

"My family was involved in the kennel business for over 20 years," said Nathan Myer. "Now I'm a former kennel owner, one of the 60, 70, 80 percent of kennels that have ended their business. ... If these are the regulations, the cost will far exceed the ability to make any money, and I believe that was the intent."

Other breeders testified that requiring owners to install 24-hour monitors in their kennels -- to ensure they are adhering to strict air standards ---- is an invasion of privacy, and casts breeders in a negative light.

"It smacks of us being criminals who need round the clock monitoring," said Marlene Lippert, a member of the state Dog Advisory Board, who said she has raised Boston terriers for 30 years.

John Simms, a veterinarian from Shippensburg, said he worried that "overzealous regulations" will force breeders to shut down and sell off their dogs at auction in states with weaker regulations.

"We may feel good that we have seemingly achieved our welfare goals, but the dog being sold at the out-of-state auction is wondering why we let her down," Simms said.

The law doubles the minimum cage space for breeding dogs; requires that water be available at all times; creates strict provisions protecting dogs from extreme heat and cold; bars the practice of keeping dogs in stacked cages; and establishes that only a veterinarian can euthanize a dog, among other regulations.

"Finally we have clarity," Redding said after the hearing. "And most importantly, the quality of life for dogs in our commercial kennels is much improved."


08-19-10 -- Pennsylvania's Dog Law Threatened by Puppy Provision
By:  Amy Worden, Philadelphia Inquirer

HARRISBURG - In 2008, Gov. Rendell signed the state's new dog law, proclaiming it the toughest in the country governing commercial breeding kennels, which sell thousands of puppies to pet shops each year.

Now a standoff between the Rendell administration and animal welfare advocates over the use of wire flooring in cages is threatening final approval of the law's regulations for the 100 commercial kennels that remain in Pennsylvania.

The Independent Regulatory Review Commission will hear public testimony Thursday before approving or rejecting the law's 873 pages on conditions in commercial kennels.

Rendell administration officials will be defending what they call "a gap" in the law involving cage flooring. The law requires adult dogs to have solid flooring in cages, but allows puppies under 12 weeks to stand on wire flooring.

That means adults bred twice a year could end up living on wire through pregnancy and nursing for up to six or eight months a year, which opponents argue violates the spirit and letter of the law.

Chief among the law's provisions was the "elimination" of wire flooring, used in the oversize rabbit hutches popular in most kennels because they are easier to clean. Wire is blamed for painful paw abrasions, cysts and splayed feet on animals that spend years in such cages.

The prospect of dogs' continuing to spend even part of their lives in cages without solid flooring is unacceptable to the legislation's lead sponsor.

"The administration is circumventing the intent of the dog law," said Rep. James E. Casorio (D., Westmoreland). "I don't understand why they would try to harm the very animals it was supposed to protect."

Administration officials acknowledge recently discovering a "gray" area in the law and have sought to address it by requiring 50 percent of the nursing mothers' cages to have solid flooring.

"I don't think there's a controversy," Rendell said in a recent interview. "I'd never let dogs stand on wire day after day after day. They will find their way to the wood floor."

Rendell's rescued dog, Maggie, was pulled from a wire-floored rabbit hutch in 2008.

Karen Overall, a member of the governor's Canine Health Board, which was charged with drafting and approving the regulations, called the administration's revised proposal "deplorable," arguing that wire for any dog under any circumstances leads to long-term physical and behavioral problems.

Marsha Perelman, a member of the Dog Law Advisory Board, said that if the regulations in their entirety were voted down, including those governing temperature extremes, dogs in breeding kennels would continue to be at risk of life-threatening conditions.

The number of commercial kennels, defined as those selling or transferring more than 60 dogs or selling any dogs to pet stores, has fallen from 300 to just over 100 since the law took effect in 2009.

The lobbyist for the Pennsylvania Professional Dog Breeders Association did not respond to several requests for comment.


08-17-10 -- Well-Known Dog Breeders Appear in Court
They're charged with animal cruelty at kennel in Lynn Township.
By:  Manuel Gamiz, Jr., The Morning Call

For more than six hours Tuesday, a Lehigh County district judge heard testimony about fur, feces and urine in an animal cruelty case against well-known dog breeders and American Kennel Club judges Miriam "Mimi" Winkler and James R. Deppen, who ran a kennel in Lynn Township.

After hearing testimony from three veterinarians, a state dog warden and an owner of one of Winkler's championship show dogs, District Judge Rod Beck ordered the case to resume on an unannounced date.

State Dog Warden Orlando Aguirre testified for more than three hours at Beck's Slatington courtroom, where about 20 people attended the summary trial, mostly supporters of Winkler and Deppen.

Aguirre talked about visits to the Judges Choice of Ironwood Kennels, 8383 Allemaengel Road, where he says Winkler and Deppen kept 18 bichons frises with heavily matted coats, a border collie that was extremely malnourished and dehydrated and three Neapolitan mastiffs that needed urgent veterinary care.

Aguirre said he and two other dog wardens went to the kennel on April 27 for an unannounced inspection and discovered the bichons frises with heavily matted hair and living in unsanitary conditions, which he detailed through a series of photos he presented as evidence. He said Winkler gave up the dogs, which she had recently received from other shelters. Aguirre testified she later admitted they were not rescued dogs.

Dr. Alysia Deaven of Jonestown, Lebanon County, testified the heavily matted hair — a combination of tangled hair, dirt, feces and urine — would have taken "at least a year" to get that way. "Of the thousand dogs I have seen, these were the worst matted dogs I have seen," she said.

Aguirre said he came back to the kennel on April 28, gave a cease-and-desist order to Winkler and Deppen, and Winkler gave up a sick border collie.

Dr. Korin Mediate of Schuylkill Haven, Schuylkill County, testified the collie was so emaciated, "it is a surprise the body was functioning."

Aguirre said he and the other dog wardens returned on June 4, but neither owner was there. Without a warrant, he entered the kennel and found three Neapolitan mastiffs that needed veterinary care and posted a veterinary-care order at the property. He said he called Winkler to make sure she knew and returned four days later to find one of the mastiffs was dead and left in a wheelbarrow outside the kennel. He testified Winkler tried to pin the dog's death on him.

Dr. Charles Westfield, a defense witness, said he has treated 10 to 15 of Winkler and Deppen's dogs. He said the mastiff that died was 7 1/2 years old, considered old for a mastiff, and that Winkler said she was allowing the dog to live out its life. Westfield testified none of the dogs appeared to have been abused or neglected and only one animal appeared to need immediate veterinary care.

Attorney Patrick Reilly, who represents the kennel owners, accused Aguirre of making sexual advances toward Winkler, but Beck cut him off, saying that wasn't what the hearing was about.

Winkler, 71, and Deppen, 46, both of New Tripoli, each is charged with 22 counts of animal cruelty and one count of conspiracy. They are filing papers in Harrisburg to close the kennel.

Note From NPPMWatch
View Inspection Reports:   2010 - Click HERE    2009 - Click HERE


08-15-10 -- Is Someone Poisoning City's Feral Cats?
Stray cats were welcome in a northside neighborhood until recently, when they began dying off.
By:  John Latimer, Lebanon Daily News

Some residents in Lebanon's 400 block of East Weidman Street are upset that as many as 20 stray cats that roamed the neighborhood died suddenly several weeks ago.

And while one resident believes another poisoned the animals, a police officer with the Humane Society said the answer likely is far less sinister.

The invasion of the cats in this neighborhood of row homes just north of the Norfolk Southern Railroad tracks began a couple of years ago when a resident moved out and left behind a cat named Mittens, according to one of several residents who fed the felines and considered them outdoor pets.

"Mittens is a big old cat who gets in fights, and he just took over the neighborhood. They all started from him," said Robin Gerstner, who lives in the neighborhood with her husband, Ed.

Gerstner, 45, said she began putting out bowls of fresh water, milk and food for the cats, which eventually began to trust her and consider the area home. For the past several years, stray cats have been welcome mascots in the neighborhood, she said, with many living in a garage across the street and others living behind Gerstner's house or under her porch.

The neighbors didn't mind, she insisted. But at the end of July something strange began occurring to the cats.

"It happened about three weeks ago," Gerstner said, her eyes misting. "They just started showing up all tired and listless, and gasping for air. They wouldn't drink or eat anything. And then they started to die. There was even one that was about to have a litter. I buried three in my backyard."

Gerstner suspects that new residents in the neighborhood poisoned the cats with rat poison or anti-freeze, but she has no proof. The only potential supporting evidence is a message cursing the cats written in black marker on the garage where the cats lived, behind the new residents' rented home.

Gerstner is not alone in her suspicions. Lucy Clair lives in a home next to the garage where the cats lived. She also fed them and enjoyed watching them lounge in her yard before they suddenly disappeared.

"I had two who I saw sunning in my backyard one day," she said. "Then the next day they were just lying there dead. I saw three or four dead in the alley. This has got to stop."

Now it's down to two male cats -- White Shoes and Kitten -- who still hang around Gerstner's porch. Both came running when she sat on the stoop.

"This is just awful," she said, stroking the cats as they wound their way through her legs. "My husband and I are just devastated."

Gerstner called the Humane Society of Lebanon County to investigate, and Ian Baird, a police officer with the society, responded. What he found, he said, tells a different story.

Baird said he spoke with the family Gerstner suspects, but "obviously this is still an ongoing investigation, so names I cannot disclose."

The family does not have access to the garage, Baird said, so they likely did not poison the cats.

However, he said, he spoke with the garage's owner, whose name he also would not disclose, and the owner told him he has been poisoning rats. Baird said he believes the cats either ate the poison or the poisoned rats. Neither suspicion can be confirmed without a newly dead cat to test.

In the meantime, Baird said, the garage owner has agreed to fix the hole in the garage that granted the cats access.


08-13-10 -- Derbe Eckhart Denied Probation
Ex-kennel owner has served 3 months of 6-23 month sentence for animal cruelty.
By:  Kevin Amerman, The Morning Call

A Lehigh County judge has decided not to throw former kennel owner Derbe "Skip" Eckhart a bone, ruling Eckhart should remain caged on animal cruelty charges.

Eckhart, 42, on Monday petitioned Judge Robert L. Steinberg to reconsider his six-to-23-month prison sentence that began in May, even though Eckhart has admitted assaulting a prison guard days after reporting to Lehigh County Prison.

Eckhart's attorney, Jeffery Conrad of Lancaster, argued that the sentence is "excessive" and said probation is more appropriate, especially because the animal cruelty charges aren't "violent crimes."

Conrad said probation or house arrest "would best serve the interests of justice" and allow Eckhart to seek counseling and employment so he could "continue to contribute to society."

In the alternative, Conrad asked Steinberg to set bail for Eckhart so he can remain free until the state's Superior Court rules on an appeal of the conviction. Eckhart has served less than three months.

Steinberg denied both motions this week without elaborating through written opinions.

Conrad couldn't be reached for comment Thursday.

Now that Steinberg has ruled on the post-sentence motions, originally filed May 28, Eckhart can appeal his conviction to Superior Court.

Eckhart entered prison May 18. A jury in March found him guilty of two counts of animal cruelty and three counts of violating a cease-and-desist order that barred him from taking new dogs into his Almost Heaven Kennel in Upper Milford Township.

Eckhart pleaded guilty to simple assault last month, admitting he punched corrections officer Darrel Massini in the stomach May 22, four days into his sentence. But Eckhart insisted he doesn't recall the incident because he was detoxing from Fentanyl, Xanax and Percocet, which he says were prescribed to him.

Conrad said Monday Eckhart has been a "model prisoner" since the assault.

Judge James T. Anthony sentenced Eckhart to two years' probation for the assault, meaning Eckhart will serve a total of 61/2 years of probation after he's released.

Steinberg said the assault could delay Eckhart's parole.


08-12-10 -- Dog Found Abandoned in Coolbaugh, Info Sought
By:  The Pocono Record

Pocono Mountain Regional Police are looking for the person who chained a black female pit bull to a pole and left her without food or water.

The dog was found Sunday in the area of Route 196 and Thornapple Lane, south of A Pocono Country Place, in Coolbaugh Township. Now named “Ellie,” she is being cared for by the Pocono Humane Society.

“She's a good, well-trained dog,” Cory Davis of the Humane Society said Thursday. “Someone obviously had been taking good care of her and then, I don't know what happened, she was just found abandoned. It's a crime that happens far too often in our area.”

Anyone with information about the person who chained Ellie to the pole is asked to contact Police Officer Jim Apgar at (570) 895-2400. The Pocono Humane Society can be reached at (570) 606-3647 or by visiting www.PoconoHumane.org.


08-12-10 -- Times Driver’s Trainee Escapes Euthanization
By:  Paul Luce, Delco Times

Daily Times driver Nick Greto’s furry stowaway dodged a bullet Wednesday — or in this case, a syringe — when Main Line Animal Rescue came to the aid of a dog that jumped into his delivery truck last week.

Nicknamed “Marge” by Delaware County SPCA employees, the 5- to 6-year-old female pit bull terrier planted herself in the back of a Daily Times truck as longtime driver Nick Greto was making a stop at B&S Deli and Sunoco on Route 291 Aug. 4.

Animal Control Officer Dave Schlott rescued the dog, who managed to get herself stuck in wires under the truck’s steering column. He brought her to the SPCA, where she was examined by a vet and vaccinated.

However, after several days of behavioral analysis, Marge’s prospects at being adopted were not good. She was being medicated for pain stemming from her hind legs, which seemed to be deformed in some way, possibly from being hit by a car.

Marge also had drastic behavioral issues, and became very aggressive when touched by a human.

“It’s hard to imagine a dog with such aggression issues living inside someone’s home. I assume she was either an outside dog or kept away, possibly in a basement,” said Dayna Villa, SPCA director of operations and certified dog trainer.

Several individuals expressed interest in adopting Marge, including a woman who claimed to be her owner, Calgiano stated. The alleged owner never followed up with the shelter.

With the SPCA overloading its 280 animal capacity by about 40 animals daily, and several area rescue shelters contacted the SPCA saying they were too full to take her, Calgiano said the dog would have been euthanized — that is, until Main Line Animal Rescue called and said they had room for the dog.

“It’s a wonderful partnership,” Calgiano said of the shelter’s relationship with Main Line Animal Rescue.

An animal with a socialization level as low as Marge’s would need near constant attention, Calgiano said.

“They can give undivided attention to animals like Marge for as long as it takes,” she said.

A call placed to Main Line Animal Rescue Wednesday evening was not returned by press time.


08-10-10 -- Former Kennel Owner Asks for Release from Jail
By:  Kevin Amerman, Morning Call

Former kennel owner Derbe "Skip" Eckhart asked a Lehigh County judge Monday to release him from jail despite the fact he's only in his fourth month of a six-to-23-month sentence and assaulted a prison guard just days after entering the slammer.

Eckhart's attorney, Jeffery Conrad of Lancaster, says his client's sentence was too harsh and a probationary sentence would have been more appropriate for the animal cruelty charges Eckhart was convicted of. Conrad said the sentence was at the high end of state guidelines.

"We just felt because it wasn't a crime of violence, probation was appropriate," Conrad said.

If that fails, Conrad is asking Judge Robert L. Steinberg to set bail for Eckhart so he can remain free until the state's Superior Court rules on an appeal of the conviction.

Conrad said Eckhart, 42, isn't a flight risk because his family and loved ones remain in the area.

Following a brief hearing Monday, Steinberg said he'd rule on the motions at a later date. After he issues an order, Conrad will be permitted to file his appeal to Superior Court.

Senior Deputy District Attorney Heather Gallagher opposed the motions.

Eckhart entered Lehigh County Prison on May 18. A jury in March found him guilty of two counts of animal cruelty and three counts of violating a cease-and-desist order that barred him from taking new dogs into his Almost Heaven Kennel in Upper Milford Township.

Eckhart pleaded guilty to simple assault last month, admitting he punched corrections officer Darrel Massini in the stomach on May 22, just four days into his sentence. But Eckhart insisted he doesn't recall the incident because he was detoxing from Fentanyl, Xanax and Percocet, which he says were all prescribed to him.

"He's been a model prisoner ever since," Conrad said. "He just acted out because of the medications."

Judge James T. Anthony sentenced Eckhart to two years' probation for the assault, meaning Eckhart will serve a total of 6 1/2 years of probation after he's released from jail.


08-07-10 -- Who Let the Dogs Down
PennLive Guest Editorial By Nancy Gardner

Hidden in dark barns on pristine farms in our state are thousands of dogs being bred to death for profit. These dogs spend their lives in small cages, standing on wire flooring that cuts their feet, never seeing the light of day.

When Gov. Rendell announced his initiative of ending this terrible abuse of companion animals in 2006, I was honored to be appointed to his revamped Dog Law Advisory Board as the representative for nonprofit shelters.

Members of this new board worked relentlessly to help craft House Bill 2525 (known as the “Dog Law”), which would end the cruelty of  wire flooring and bring the breeding dogs of Pennsylvania into the light of day.

We celebrated the passage of HB 2525 into law in 2008. We felt we had achieved a major victory for the dogs in Pennsylvania.

Here we are two years later, and we find that we were badly misled.

Who let the dogs down? Apparently the same people Gov. Rendell appointed to help them.

On July 14, Secretary of Agriculture Russell Redding issued a policy statement that reverses a major requirement of the Dog Law, namely the requirement for unfettered access to outdoor exercise.

On the same day, Redding reversed another requirement, the ban on housing adult dogs on wire. He accomplished this by withdrawing the previously submitted Canine Health Board regulations, inserting an exemption from solid flooring for pregnant and nursing mothers, and resubmitting the regulations.

The reasons given are that puppies need wire flooring for sanitation, and outdoor access poses a danger to puppies.

All the hard work toward the passage of a new law to guarantee puppy mill breeding dogs a solid surface to stand on and access to outdoor exercise — a law designed specifically to benefit the mothers who live their entire lives in commercial kennels — was undone by a policy written with utter disregard for the law.

Did the Department of Agriculture think we weren’t paying attention anymore, so this could quietly slide by?

When HB 2525 was in its formative stages, commercial breeders’ lobbyists assured these breeders they could block the legislation. When the bill passed the House and Senate, largely due to the demands of Pennsylvania voters, breeders were stunned.

Their lawyers immediately sued the state. Some breeders assumed the suit would succeed, so they made no changes in their structures (or the way they treated their dogs) to get ready for the October 2009 enforcement. When the lawsuit was unsuccessful, many rushed to apply for waivers from the new law.

The Bureau of Dog Law Enforcement granted 81 waivers allowing kennels that mass produce dogs anywhere from one to three more years to come into compliance. (The average life span of a breeding dog in a puppy mill is six years, so for most of the dogs suffering in these hellholes no relief would ever come.)

But the worst was yet to come. It arrived as a “legal interpretation” by bureaucrats.

Anyone who knows anything about breeding dogs knows that the mother cleans up after her puppies for the first few weeks of their lives. Anyone who knows anything about the intent of the law we worked so passionately to pass knows it was to put dogs that spend their entire lives in commercial kennels on solid flooring.

At the June Dog Law Advisory Board meeting, a representative for some breeders actually thanked the Bureau of Dog Law Enforcement for accommodating them, which is not surprising since it seems they are working for his clients.

I am frankly outraged. People appointed to work for the welfare of dogs in Pennsylvania are instead pandering to the greed of breeders who still can’t believe they will have to change the way they do business. This is bureaucracy at its very worst.

The House and Senate Agricultural and Rural Affairs Committees have 20 days to act. If they don’t, the Independent Regulatory Review Commission will vote on Aug. 19, after which the regulations will go to the attorney general for review. Once published in the Pennsylvania Bulletin, the regulations will be final.

If we as voters do nothing, female dogs will be on wire in Pennsylvania just as they have been for decades since some farmers decided dogs would be a good cash crop.

We are not asking for a debate about wire flooring, access to exercise, or any other issue found in the July 14 policy statement. That fight was won two years ago when the law was passed. We want the law to be enforced, period.

Dogs are still in dark barns, still standing on wire, still with no hope of a better life.

Nancy Gardner of Chambersburg is a member of the Pennsylvania Dog Law Advisory Board.


08-05-10 -- Animal Hoarding Taxing Resources at Local Shelters
By:  Tony DiDomizio, The Reporter

In May, Linda Muchnick, of Towamencin, was found not guilty by reason of insanity of multiple counts of animal cruelty and attempted cruelty. In August 2009, Muchnick poisoned 12 of 29 cats in her home and attempted to poison herself inside her East Bishopwood Boulevard home. She is now fighting in court to have the remaining felines returned to her.

In June of this year, authorities found 37 dead cats inside the home of Patricia Wiehler, of Whitpain. The cats died from starvation; most of them resorted to cannibalism to stay alive. Wiehler faces potential prison time on 37 counts of animal cruelty.

Recently, 59 cats and kittens and 18 roosters and chickens were seized from two homes owned by an elderly couple from Lower Providence.

In all of these cases, the causes are related to a local and national problem — animal hoarding.

"We've had our fair share of it in the last couple of years," said Montgomery County SPCA Executive Director Carmen Ronio, "but this year in particular we have been hit hard by the number of animals we either had to have involuntarily sur

rendered to us by seizing or voluntarily surrendered to us."

Ronio called animal hoarding "an illness."

"People hoard everything from newspapers to animals. They live in filthy conditions and the animals often times suffer greatly from the lack of medical attention and vet care and unsanitary conditions," he said.

Those who hoard, he said, think they are doing the right thing by taking in animals.

"They view Humane Societies or the SPCA as an end, that the animal's life will be taken," he said.

That's not the case today, Ronio said. The adoption rate for dogs is at 97 percent; the adoption rate for cats is at 73 percent. There is a lower number for cats due to the amount of feral cats received from outlying local municipalities that may be trapping them and are not adoptable in most cases.

"They start out with one or two and then it gets out of hand," he said. "One individual cannot, under any circumstances, give the attention an animal needs when they start creeping into the numbers of 10, 20 in the home."

Jane Nathanson is a private practice counselor and consultant who has been specializing in animal hoarding since 1999. She sits on the Hoarding of Animals Research Consortium at Tufts University in Massachusetts.

Why people hoard, she said, is not simply answered. The consortium has developed a typology of animal hoarders that have various contributing factors of mental health or social background that are different and there are approaches for different types of animal hoarders.

Hoarding, she said, is not a matter of numbers; it's a matter of condition of those numbers. One may be satisfactorily taking care of what would be above average of the numbers one would have for animals. In addition, something of a physical, mental health or financial crisis may have occurred and that tips the balance of having the capacity to care for animals taken in and not provide for them.

"Many times, not pervasively, there is often a history of early childhood neglect, abuse or inconsistent parenting," Nathanson said. "A child comes out of that experience perhaps very untrusting of others because the primary caregivers are really the basis upon which you may form attachments."

Some children may have grown up with an animal that was there in the midst of a chaotic situation and they sought refuge with the nuturance and comfort of the animal.

"An animal is not going to abandon them or leave them. It is very controlled in the sense of the key needs they are striving to fulfill," she said. "When one becomes exclusively dependent on a hoard of animals to provide meaning or sense of control, there's good potential for problematic conditions to develop."

Then there is the thought, as Ronio said, that only they can rescue the animal and do the right thing.

"They claim that any life is better than no life," Nathanson said. "That's something that is often having them continue to bring in animals and feel that they will provide for them one way or another."

In 2002, a Hatfield woman named Janet Jones was found guilty of 105 counts of animal cruelty after a tip led Montgomery County SPCA authorities to her Overbrook Road home where they seized 96 cats‚ nine dogs‚ six mice‚ a rat and a turtle. Dead animals were discovered stored in plastic bags in Jones' freezer and refrigerator. The carcass of another animal was discovered under an entertainment center. Many of the felines were suffering from FIV - a feline version of HIV - and feline leukemia.

Jones' appeals to Pennsylvania superior and supreme courts were denied. To this day, she still owes $45,600 in restitution to the Montgomery County SPCA.

Ronio said hoarders must stop viewing the SPCA as the enemy. They are there to help them and the animals.

Depending on the degree of animal cruelty, violators can get jail time and up to $750 fine per citation. The law allows the SPCA to seek restitution in cases where they have to hold animals for long periods of time.

"Our shelter can absorb $200,000 to $300,000 a year," Ronio said.

Ronio recommended friends, neighbors or family members let them know of any hoarding situations or ask them to help in removing animals so their population can come under control.

"This year alone, there were over 150 animals seized or relinquished to us," he said.

Nathanson urged friends, neighbors or family to take this into consideration when approaching a hoarder about their problem: convey concern for both animals and person alike.

"Do not talk about the animals as though they are objects to be gotten rid of. If one is intervening and not acknowledging how important the animals are to the person, you only alienate yourself from them," she said.

Nathanson said hoarders can get out of their situation. Over the last 11 years at Nathanson's Rehabilitation Counseling, & Consulting facility in Boston, the lowest percentage of animal hoarding cases were self-referrals. The highest percentages were from concerned family members and court cases for animal cruelty.

"The courts now are more frequently imposing the sanction of mandated counseling," she said.

She said she collaborates with someone in the hoarder's locality to work with them to bring in the understanding of animal-human relationships.

"You can't just remove animals, bring in industrial cleaners and call it a day and the person is off and running," she said. "It's a challenging, complex behavior, and it needs to be unraveled and attended to for the potential components going on for that person."

Ronio said the problem is not going away until family or friends intervene and people seek medical attention or realize it's not a good way to live.

"Every day there's another one. It seems like every time I turn around, officers are telling me about another hoarder case," Ronio said. "I know we are helping to eliminate the suffering, but I'd like to see the tip of the iceberg now."


08-04-10 -- Montco Pet Seller Charged With Cruelty
By:  Amy Worden, Philadelphia Inquirer

A Montgomery County pet store owner has been charged with animal cruelty after humane officers found puppies and small rodents suffering from heat stress in an un- airconditioned flea market.

Kevin Zimmers, of Boyertown, owner of Zimmers Pets, was charged with two counts of animal cruelty after officers with the Montgomery County SPCA and state dog wardens found five overheated puppies in a glass case and a number of hamsters and rats in hot conditions at Zern's Flea Market in Gilbertsville.

Zimmers was ordered to take the puppies and the small mammals to a veterinarian. Montgomery County SPCA humane police officer Christopher Langiotti said Zimmers also did not provide the puppies, Border Collies and pit bulls, with clean water.

No court date has been scheduled.

Zimmers is licensed to operate a stand at the flea market - which is open on Fridays and Saturdays - and at a second retail outlet in Boyertown, Berks County.

The kennel received a clean report during an inspection this year, but it took place on a Tuesday when the flea market was not open and no dogs were present. Sue West, director of the Bureau of Dog Law Enforcement, said that future inspections will take place when the store is open.


08-02-10 -- Bringing Awareness to the Plight of Chained Dogs
By:  Laura Allen, Animal Law Coalition

Tamira Ci Thayne, co-founder and CEO of Dogs Deserve Better which has pioneered anti-tethering laws for dogs, has now launched Operation Fido's Freedom to convince Pennsylvania legislators to pass anti-tethering legislation.

Thayne has chained herself in front of the Capitol in Harrisburg.

Thayne says to state legislators, "I'm here for the law for the chained dogs? You've probably just been busy. I know how that goes, I've been busy too. But thing is, here we are almost at the end of another legislative session, and the dogs still have no law to protect them.  It's not right. So I've come to remind you. I'm here for their law.

"I intend to stay awhile, and I'm hoping that, together, we can get this thing done. Time is short, and they've suffered enough....We've waited six years for a law for them. Many waited their entire lives for help that never came, and have now turned to dust, having never known a kind word or the kiss of love.

"Maybe it doesn't matter to you, but it matters to me, it matters to the majority of Pennsylvania dog lovers, and most importantly, it matters to them.

"Have I mentioned yet how the chained dogs are suffering? As they suffer, I have decided to bring their suffering to you, because maybe you just have been too busy to notice. I'm sure if you did notice it, did comprehend the pain of living as they live day in and day out, you'd have taken the necessary action to end it by now.

"As they remain shackled to one grassless spot 24 hours each day, I will stay chained in front of OUR Capitol (Yes, I believe the Capitol belongs to me too) for ten hours Monday-Friday, 8 a.m.-6 p.m. As they go without food and water, so will I fast each week from Monday through Friday. And as they are subjected to the elements, so will I be drenched when it rains, wilt in the summer heat, and shiver in the cold of approaching winter.

"So that you may begin to really UNDERSTAND their suffering, I am bringing it to you. Let's get this thing done. I'm here for their law".

PA anti-tethering legislation 

There have been 2 anti-tethering bills introduced during this session. H.B. 1254 was introduced first and remains pending in the House Judiciary Committee. For more on that bill......Another bill was introduced in July, 2010 and remains pending in the Senate Agriculture and Rural Affairs Committee.

S.B. 1435 was introduced by Sen. Richard L. Alloway, II, and would amend the state animal cruelty law, 18 Pa. Stat. Sec. 5511, to make it a summary offense to "tether[] a dog outside and unattended to any stationary object by use of a restraint between the hours of 10 p.m. and 6 a.m."

It would also be illegal under S.B. 1435 to tether a dog outside in "temperature below 32 degrees Farenheit or above 90 degrees Farenheit, or when a weather advisory or warning has been issued". Tethered dogs must be provided shade from the "direct rays" of the sun.

Any tether must be at least "six feet long or at least five times the length of the dog as measured from the tip of its nose to the base of its tail, whichever is longer, and must allow the dog convenient and unfettered access to shelter and food and water. The tether may not become wrapped around any appendage such that it restricts the dog's movement."

Also, the tether must be "placed or attached so that the dog cannot become entangled with other objects and to allow the dog to roam the full range of the tether. The tether must be of a type commonly used for the size of dog involved. No tow chain may be used." The tether must be "attached to the dog by means of a well-fitted collar or body harness that will not cause trauma or injury to the dog. No choke, pinch, prong or other chain collar may be used."

The bill, S.B. 1435, provides a "tethered dog must be free of open sores or wounds on its body".

There are exceptions that would allow anyone to tether a dog for up to 15 minutes as long as it does not create a nuisance or danger, and would also permit tethering for sled dogs that receive regular exercise, dogs at campsites or recreational areas, dogs that are "used in the course of commercial agricultural production or is used for the protection of commercial farm property, agricultural supplies or products"; and dogs "actively participating  in or attending an organized dog show, field trial, agility event, herding contest or other similar exposition or event, of a limited duration, that involves the judging or evaluation of dogs."

Why chaining/tethering of dogs should be banned or severely restricted

Chained dogs tend to be neglected and can be dangerous, straining animal control resources and endangering the community.

The American Veterinary Medical Association (AVMA) and United States Dept of Agriculture (USDA) also oppose chaining dogs.

The Center for Disease Control has said chained dogs are 2.8 times more likely to bite adults. Chained dogs are nearly 5 times more likely to bite children. The National Canine Research Council reports that almost 30% of all fatal dog attacks involve chained or penned dogs. The ASPCA reports 81% of fatal dog attacks involve dogs that are isolated. Go here for more information.

Nicholas Dodman, DVM, Professor, Tufts University, says, "Chaining dogs makes them more aggressive.  They are natural social animals and [chaining] induces 'isolation-induced aggression' and creates a 'junkyard' dog effect.  They basically go mad."

WHAT YOU CAN DO

Pennsylvania state legislators return from summer recess on Sept. 13, 2010. Find Agriculture and Rural Affairs Committee members here. (Just click on their names for contact info).  Contact committee members and urge them to support and pass S.B. 1435. If a committee member is your state senator, be sure to let him or her know that. Find your state senator here and urge him or her to support S.B. 1435 and limit chaining of dogs.   

Go here to learn about the trend to ban unattended chaining or tethering. Contact Animal Law Coalition for help in drafting and passing an anti-chaining law in your state or community.

08-02-10 -- Man Pleads Guilty in Dog Neutering

By:  Gil Smart, Lancaster Online

Bandit's story will have a happy ending.

The young husky discovered last month in Elizabethtown after a botched attempt at neutering has been relinquished to Organization for Responsible Care of Animals, which will find a home for the animal.

This, after his owner, David Lamar Martin, of Elizabethtown, was charged with cruelty to animals, a summary offense to which he pleaded guilty July 27, according to court documents.

Martin paid $187 in fines and fees. He also agreed to give up the dog.

Reached at his home Friday, Martin referred all comment to Lancaster County Detective Joanne M. Resh, who filed the charges against him.

"You'll have to talk to her," said Martin. "I don't own no dog."

Resh said she could not comment, and referred calls to county District Attorney Craig Stedman.

State and newspaper records show Martin is the former operator of Linden Valley Kennels in West Donegal Township. The kennel closed voluntarily in 2009, according to Pennsylvania Department of Agriculture records.

According to newspaper records, Martin ran afoul of West Donegal Township officials in 2006, who didn't know he was running the kennel in the 3000 block of Bossler Road. The kennel was licensed by the state at the time. Martin subsequently received approval from the township zoning hearing board to operate the kennel.

Bandit was originally picked up by ORCA after being found more than three weeks ago with exposed testicular arteries and veins and no scrotum from being banded for a neutering attempt.

Though ORCA had begun to investigate, the DA's office took control of the case: The charges were filed against Martin by county Detective Resh.

"In essence," said Stedman in an e-mail, Martin "tried to neuter the dog — an infection set in which was not properly treated until we got it to the Humane League" of Lancaster County, where veterinarian Dr. Bryan Langlois cleaned and bandaged the dog's wounds before returning it to ORCA's care.

Dr. Mark Huber, who subsequently operated on Bandit, said the dog had been banded for home castration and was in severe pain. Kondravy said the surgery "was more extensive than we thought it would be.

"We were lucky the infection hadn't spread — but the dog is going to be fine."

District Attorney Stedman, in his e-mail, said Martin "was very cooperative with the detectives, pleaded guilty and voluntarily signed the dog over. We could not find any similar case to this one in Pennsylvania."

Kondravy said news of the case sparked an outpouring of support. "We had all these people call in," she said. "People will stop me and ask what's happening with the case."

ORCA and the Humane League of Lancaster County funded Bandit's medical care. But Kondravy said some donations have helped cover the bills.

An ORCA worker will keep the dog for the next week or so to gauge how socialized and ready for adoption it is. After that, "we have a whole list of people interested in adopting him."


07-29-10 -- "Drop Box" Kitten Loses Fight for Life
By:  Amy Worden, Philadelphia Inquirer

The six-week-old striped kitten abandoned in a drop library box in Cheltenham almost a week ago, died Wednesday night at the Montgomery County SPCA.

"I am very down as well as our entire staff.. we did our very best. We were hopeful for a happy ending, but the cards were stacked against him," Carmen Ronio told my Inquirer colleague Bonnie Cook.

The 15-ounce cat, which the shelter staff had named Hemingway, had come to the Conshohocken shelter suffering from severe dehydration, diarrhea and a respiratory infection.

Ronio had said early on that he wasn't sure the cat would survive, but it rallied briefly on Wednesday morning from treatment including fluids and antibiotics.

Inquirer Photo/Sharon Gekoski-Kimmel

The cat was shoved into the library drop box at the La Mott Community Center last Thursday and discovered by a maintenance worker early Friday. During the time the animal spent in the metal container, temperatures soared into the 90s.

No arrests have been made by the SPCA's humane officer in connection with the case.


07-29-10 -- Kennel Owner Not Guilty of Cruelty Charges
By:  Janet Kelley, Lancaster Online

A Quarryville kennel owner, accused of having seven dogs with untreated dental problems, was found not guilty of cruelty to animal charges Wednesday afternoon.

Loretta Wilson, owner of Jenloren Kennel on Dry Wells Road, had been given seven citations, based on allegations of the dogs' untreated dental issues.

But after listening to two hours of testimony, District Judge Isaac Stoltzfus found Wilson not guilty on all counts.

Defense attorney Michael Winters successfully argued that Wilson had taken steps to get the dogs treated and there was no evidence she had been cruel or negligent in her care of the animals she had obtained last January.

Assistant District Attorney Christine Wilson argued that the kennel owner (also named Wilson, but no relation) did not want to spend the money to have a veterinarian treat the dogs.

Two veterinarians called by the prosecutor testified that the dogs had severe dental problems and had to have teeth removed as part to the treatment.

The kennel owner's veterinarian said he had seen the dogs and scheduled an appointment, but the Humane League intervened before he was able to treat them.


07-28-10 -- Casorio Says Ag Department Cannot Rewrite Dog Law
FOR IMMEDIATE RELEASE 
By:  James E. Casorio, Jr.

HARRISBURG, July 28 – State Rep. James E. Casorio Jr. said several policies and regulations recently instituted by the state Department of Agriculture are undermining Pennsylvania's 2008 Dog Law.

Casorio and other lawmakers, as well as a number of animal rescue groups and many state residents, are urging the governor to bring the department's actions into line with the letter and intent of the Dog Law.

"The entire point of the new Dog Law was to ensure that breeder dogs in Pennsylvania's commercial kennels are treated humanely," said Casorio, who was the sponsor of the Dog Law. "Breeders that cannot or will not comply with the law should not be in business. But the Agriculture Department seems more interested in accommodating breeders than protecting dogs. 

"The Dog Law is about the dogs, not the breeders," he said. "The governor has indicated that he understands that. Now he needs to make sure his administrators in the Agriculture Department, and particularly the Bureau of Dog Law Enforcement, understand that as well and act accordingly."

One of the most significant changes the Dog Law made for breeder dogs in commercial kennels was banning wire cage flooring for adult dogs. It also required that dogs have regular access to outdoor exercise runs. Recently, Casorio said, the Agriculture Department has established regulations and policies that contradict those requirements.

After the Canine Health Board reinforced the ban on wire flooring in June, the Agriculture Department rewrote portions of those regulations to permit mother dogs and dams to be confined in cages with up to 50 percent wire flooring. The department has also recently established a policy of allowing commercial breeders to restrict mother dogs and their puppies, and expectant dogs, from access to outdoor runs.

"Most dogs in commercial kennels are there for the sole purpose of breeding," Casorio said. "So these two actions by the department effectively nullify the law for a huge portion of dogs that the law was supposed to protect."

Casorio said the department also recently weakened draft regulations of the Canine Health Board regarding temperature, humidity, lighting, fresh air and veterinary care. Again, he said, these rewritten regulations are significantly inferior to, or in direct contradiction with, standards set forth in the Dog Law.

"These changes will have serious implications for the safety and health of thousands of breeder dogs in Pennsylvania," he said. "These dogs could be forced to walk on wire flooring and confined to their cages 24 hours a day for as much as eight months out of the year."

Casorio said the rewritten regulations will also make it more difficult for dog wardens to enforce the law. Because of the way some of the regulations have been written by the department, wardens will have to rely on the word of the commercial breeder – or simply guess – in areas such as how close an expectant dog is to birthing or how long puppies will be left in a cage with their mother when trying to enforce the law.

"Any policy or regulation that introduces exemptions or creates confusion seriously undermines the Dog Law," Casorio said. "We took great care in crafting this legislation because we wanted to make sure it was effective for dogs – particularly mother dogs that are confined in breeding kennels for their whole lives.

"Not only do the changes made by the Agriculture Department undermine the law, but the department simply has no authority to do what it is doing," he said. "Under the law, the Canine Health Board has sole authority for writing regulations.

"Legislators, rescue groups, animal advocates and the thousands of state residents who helped us and supported us as we worked for many years to get this law passed and end the inhumane treatment of breeder dogs in Pennsylvania will not stand by while the Agriculture Department single-handedly dismantles that law. The Agriculture Department must act within the law, not outside of it, and it is the governor's responsibility to ensure that happens."