2018 Escaped Peacock Incident

Nicholas Marritz filed this request with the Southern Chester County Regional Police Department of Pennsylvania.
Tracking #

AP 2019-2398

Status
Completed

Communications

From: Nicholas Marritz

Dear SCCRPD:

This is a request for records under Pennsylvania's Right-To-Know Law.

In 2018, a Kennett Square woman's peacock, Gemini, escaped from an enclosure and pooped on a sidewalk at the entrance to Bancroft Elementary School. The owner, Winden Rowe, was charged with disorderly conduct. The incident was widely reported in local and even national news media, including the Washington Post (https://www.washingtonpost.com/science/2018/12/06/her-peacock-pooped-she-was-charged-with-disorderly-conduct/).

I request all records related to this incident (including records related to subsequent media inquiries, etc.). "Records" includes all writings, video recordings, or audio recordings. All responsive records will be made available to the general public online for free, and this request is not being made for commercial purposes. In the event that there are fees, please inform me of the total charges before fulfilling my request. With regard to the form of production, I would prefer that this request be filled electronically, by e-mail attachment if available or on CD-ROM if not.

Thank you in advance.

I look forward to receiving your response to this request within five business days.

Sincerely,

Nicholas Marritz

From: Southern Chester County Regional Police Department

Please see attached.

Confidentiality Note: Any information contained in this email is being provided by the Southern Chester County Regional Police Department. This information is confidential and privileged, and is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that disclosure, copying, distribution, or taking of any action in reliance on the contents of this email is strictly prohibited and may be a violation of state and/or federal law. If you receive this email in error, please notify the sender and delete/remove this email from your inbox. Thank You.

From: Nicholas Marritz

Office of Open Records
333 Market St., 16th Floor
Harrisburg, PA 17101-2234

Dear OOR:

On November 5, 2019, I sent an open-records request to the South Chester County Regional Police Department under Pennsylvania's Right-To-Know Law (RTKL). (Records of a Pennsylvania police department are "public records" under the RTKL. See Pennsylvania State Police v. Grove, 161 A.3d 877, 880 (2017)). On November 15, the Department denied my request in its entirety. I am now appealing that denial. I have attached to this email a copy of the denial letter (which contains an accurate copy of my original November 5 request), as well as a written statement explaining why each of the Department's grounds for denying my request was improper.

Thank you very much for your consideration of this appeal.

Sincerely,

Nicholas Marritz

From: Southern Chester County Regional Police Department

Thank you for contacting the Office of Open Records. This message serves as confirmation that your appeal or general inquiry has been received. Please retain this confirmation for your records.

NOTE: This email address should only be used for appeal submissions (i.e., appeals of an agency response to a request for records) and general questions. It should not be used to submit a request for records. If you are requesting records, please direct your request to RTK-OOR@pa.gov<mailto:RTK-OOR@pa.gov>.

From: Nicholas Marritz

Michael Noone, (Acting) District Attorney
201 W. Market St., Suite 4450
West Chester, PA 19380-09089

Dear D.A. Noone:

On November 5, I filed a Right-To-Know request with the South Chester County Police Department. On November 15, the Department denied my request and advised me that I could appeal the denial to your office. I hereby appeal the denial. I have attached a copy of the Department's denial letter and my written statement of reasons why I feel their denial was in error. Thank you for your consideration of this appeal.

With best regards,

Nicholas Marritz

From: Southern Chester County Regional Police Department

Dear Parties,

Attached, find an appeal that has been filed with the Office of Open Records. The matter has been assigned to Appeals Officer Erin Burlew (refer to the attached appeal for contact information). Please forward all future correspondence directly to the Appeals Officer and all other parties.

Sincerely,

[cid:image001.jpg@01CB50E7.66A46B70]
Janelle Sostar
Administrative Officer
Office of Open Records
333 Market Street, 16th Floor
Harrisburg, PA 17101-2234
(717) 346-9903<tel:%28717%29%20346-9903> | Fax (717) 425-5343
https://openrecords.pa.gov<https://openrecords.pa.gov/>
@OpenRecordsPA<https://twitter.com/OpenRecordsPA>
Open Records in Pennsylvania Blog<http://openrecordspennsylvania.com/>

From: Southern Chester County Regional Police Department

Thank you for contacting the Office of Open Records. This message serves as confirmation that your appeal or general inquiry has been received. Please retain this confirmation for your records.

NOTE: This email address should only be used for appeal submissions (i.e., appeals of an agency response to a request for records) and general questions. It should not be used to submit a request for records. If you are requesting records, please direct your request to RTK-OOR@pa.gov<mailto:RTK-OOR@pa.gov>.

From:

For your records.

From: Southern Chester County Regional Police Department

A fix is required to perfect the request.

From: Southern Chester County Regional Police Department

Parties-

Please find attached a copy of the OOR's Final Determination in the above captioned appeal.

Sincerely,

[cid:image001.jpg@01D32BC9.3635C230]
Erin Burlew
Attorney
Office of Open Records
333 Market Street, 16th Floor
Harrisburg, PA 17101-2234
(717) 346-9903<tel:%28717%29%20346-9903> | eburlew@pa.gov<mailto:eburlew@pa.gov>
https://openrecords.pa.gov<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fopenrecords.pa.gov&data=02%7C01%7Ceburlew%40pa.gov%7C86afee35728b41e07d4008d5d06b0c60%7C418e284101284dd59b6c47fc5a9a1bde%7C1%7C0%7C636644080551269364&sdata=nzn2fqstUNR8MTqW3o%2F8JXxv4wRQkNGQVqKp6pbUe7g%3D&reserved=0> | @OpenRecordsPA<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ftwitter.com%2FOpenRecordsPA&data=02%7C01%7Ceburlew%40pa.gov%7C86afee35728b41e07d4008d5d06b0c60%7C418e284101284dd59b6c47fc5a9a1bde%7C1%7C0%7C636644080551269364&sdata=QR7wz%2ByfJH232LlIQtCg1ODGCBx3csoyRsZH4P461Dg%3D&reserved=0>

From:

Please see attached from Max O'Keefe.

__________________________
Kathy Lyons
Legal Assistant for Thomas Maxwell O'Keefe

[Description: LM_Logo_Sig]

Main: 610.430.8000
Fax: 610.692.6210
24 E. Market St. PO Box 565
West Chester, PA 19381-0565
www.lambmcerlane.com<http://www.lambmcerlane.com/>

This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the Individual(s) named above. If you are not the intended recipient of this e-mail, or the employee or agent responsible for delivering this to the intended recipient, you are hereby notified that any dissemination or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone at 610.430.8000 or notify us by e-mail at info@lambmcerlane.com<mailto:info@lambmcerlane.com>.

From: Southern Chester County Regional Police Department

A copy of documents responsive to the request.

From: Nicholas Marritz

Dear Mr. Casenta:

Thank you for your consideration of my appeal. I did not expect a simple inquiry about an escaped peacock to generate so much agita, but I thank you for taking the matter seriously and responding with professionalism and promptness. I have reviewed the record and consider this matter closed.

With kind regards,

Nicholas Marritz

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