Pennsylvania S.P.C.A., Inc. v. Sixth Angel Shepherd Rescue, Inc.
Pennsylvania S.P.C.A., Inc. v. Sixth Angel Shepherd Rescue, Inc.
Opinion of the Court
OPINION BY
Sixth Angel Shepherd Rescue, Inc. and Terry Silva (“Sixth Angel”) appeal from the order granting the Pennsylvania Society for the Prevention of Cruelty to Animals (“S.P.C.A.”) petition to confirm disposition of surrendered or forfeited property. We affirm.
The salient facts are as follows. S.P.C.A. is an organization charged with enforcing 18 Pa.C.S. § 5511, this Commonwealth’s cruelty to animals statute. The S.P.C.A. employs humane society police officers who investigate allegations of animal cruelty, file criminal charges, and prosecute violations of the above-referenced statute. Sixth Angel is a dog rescue operation and licensed kennel operator.
In November 2010, the S.P.C.A. received a complaint regarding animals being cared for at a property possessed by Steve Alston. The kennel license displayed on Mr. Alston’s property indicated that the property was a kennel operated by Sixth Angel. Thus, Mr. Alston was acting as an agent for Sixth Angel and, under the Dog Law, 3 P.S. § 459-102,
Pursuant to § 5511, forfeiture of maltreated animals is authorized. 18 Pa.C.S. § 551 l(m) (“the authority imposing sentence upon a conviction for any violation of this section may order the forfeiture or surrender of any abused, neglected or de
Subsequently, on February 16, 2011, Sixth Angel filed a motion in federal court, but not in state court, seeking an extension of time to respond to S.P.C.A.’s state petition to confirm. On February 23, 2011, the state court, having not received a response by Sixth Angel, entered an order granting S.P.CA.’s petition to confirm.
1. Whether the trial court’s order is void as the case had been removed to federal court which was exercising jurisdiction until and unless remanded.
2. Whether a grant of a petition in state court as “uncontested” is a violation of Defendant Sixth Angel Shepherd Rescue, Inc.’s rights under the federal constitution to be protected against deprivation of property without due process of law.
Appellant’s brief at 4.
Sixth Angel’s initial contention is that the trial court lacked jurisdiction to grant S.P.C.A.’s petition since it filed a notice of removal with the federal district court under 28 U.S.C. § 1446 prior to the court’s disposition of the petition. The S.P.C.A. replies that the state court had concurrent jurisdiction because Sixth Angel failed to properly file a copy of its notice of removal with the state court. We agree.
The issue before us presents a question of statutory interpretation. Thus, our standard of review is de novo and our scope of review plenary. Snead v. Society for Prevention of Cruelty to Animals of Pennsylvania, 604 Pa. 166, 985 A.2d 909, 912 (2009). The federal notice of removal statute reads in pertinent part,
Promptly after the filing of such notice of removal of a civil action the defendant or defendants shall give written notice thereof to all adverse parties and shall file a copy of the notice with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded.
28 U.S.C. § 1446(d). Our Supreme Court has held that the federal removal statute at issue “is subject to strict construction and its provisions must be strictly complied with before the jurisdiction of a state court can be ousted[.]” Crown Const. Co.
Appellant’s second issue is equally without merit. It is long standing law that notice to an agent is notice to a principal. Fidelity Bank v. Pierson, 437 Pa. 541, 264 A.2d 682 (1970); Hepburn v. McDowell, 17 Am.Dec. 255 (Pa. 1828). Hence, Sixth Angel’s contention that it was not notified of the original seizure of its dogs must fail since Mr. Alston was acting as its agent. Since the S.P.C.A. is statutorily authorized to seize dogs that are maltreated and Mr. Alston was an agent operating on behalf of Sixth Angel, the S.P.C.A. lawfully seized the dogs and Sixth Angel had constructive notice of that seizure. Moreover, Sixth Angel was afforded due process in this matter because S.P.C.A. properly served it with its petition alerting Sixth Angel to the legal proceedings. Sixth Angel simply failed to respond to the petition or ensure that its notice of removal was properly filed in state court. For these reasons, we affirm.
Order affirmed.
. The relevant definition reads:
"Owner.” When applied to the proprietorship of a dog, includes every person having a right of property in such dog, and every person who keeps or harbors such dog or has it in his care, and every person who permits such dog to remain on or about any premises occupied by him.
3 P.S. § 459-102.
. The order was dated February 16, 2011, but was not filed until February 23, 2011.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.