To Be or Not to Be - Page 1

Responsible - that is the question.
  OK FOLKS THIS THREAD IS MEANT SOLEY FOR BRINGING A RESOLUTION TO THE GABI/PUPS PROBLEM
AND NOTHING ELSE PLEASE no bitching , no moaning, no bringing in other instances of this or that and note that I did not say bringing a resolution to the Shelley/ Molly ongoing drama, soap opera, telenovelas - that aint going to happen in my lifetime.

Molly; Shelley time to grow up and act like RESPONSIBLE ADULTS. You both have an obligation to these dogs to see that they are appropriately placed and homed and that needs to be done NOW not later. Your  fight in the mud pit can just be postponed. Once the animals are safe - go at it. Sell tickets to raise money that you can both grab grab for. I'm sure there is an audience who thrives on that thing. I however am not one. My concern here is getting done what needs to be done for these dogs.

I have outlined a manner  that can be done. From one I get weak excuses from the other nada.
So to recapitulate - with one small suggested change which I think is a good one.

a. Find an escrow agent - use the web, use the yellow pages, call up the bar association ask for a retired judge, use an arbitration group, use a bank president, use a clergyman - for that matter use a clown as long as he/she is trustworthy, preferably bonded, and can follow directions and has nothing to do with the gsd community tho a dog person might be ok.
b. Shelley will register the litter and send the individual registrations to the escrow agent with specific directions for handling the escrow .  ( more below on how to accomplish this) 
c. My suggestion is money in - registration out. Money to be held in escrow.
d. Once the registrations are deposited with the escrow agent, the first registration will be released not for money but for Gabi. At the escrow office, Molly is to release Gabi to a person of Shelley's choosing because at that point she has no value as a hostage and is merely racking up room and board ( that no judge would ever award you if you hold her beyond this point). Once the dog has been turned over then the first registration can be released.
e. So at this point Molly has $1800 and Shelley has Gabi, a nine year old bitch supposedly spayed ( Molly if you have not spayed Gabi my recomendation is do NOT for any reason to do so, especially out of spite. Under law that is diminishment of the property you are holding and extremely frowned upon)
f. Just my suggestion - if the parties wanted they could agree that each gets to keep one puppy for themselves if they can not mutually agree to this or agree to a method of selection ( ex. choose sex put #slips iding collar color in hat and have escrow agent pull out a # and that pup immediately handed over) then all pups must be sold.
g. For all the rest of the pups the deal is money into the escrow agent - registration out.

So at this point old mama dog is safe and pups are safe and in their new homes and money is being held by the escrow agent.

Or Shelly could pay what she agreed to pay and quit blaming others for her failure to live up to her agreement. Seems after this thread and others started by her, she's simply an attention _______.

Next

Escrow agent it holding all the money.
My suggestion is that the original instructions by both parties be that the money be held until one of three things happens
1. a mutually signed notarized agreement from both parties ( or their legal representatives) directing the distribution or
2. A mediator's ruling signed off on by both parties directing distribution ( low/no cost mediation services usually available) or
3. A signed judgement/court order directing distribution
Thus once the DOGS are safe the two of you can go after each other in whatever forum or mud bath that you want. If you use the legal system you most likely will be in small claims that can be done without attys. You can cross complaint each other for everything and have your day in court.

I will tell you this if you end up with either a mediator or a judge they are probably going to throw your butts out the door with disgust. There is more than enough malfeasance on BOTH sides to justify no award to either of you and the money can sit to eternity . The reality is NO ONE wins in court and any judgement is guaranteed to make both of you unhappy. I know you both think you have right on your side - guess what uh uh. Molly a given gift can not later be turned into an obligation for compensation. Very clear in the law and unfortunately for you there is plenty of written evidence - much from you- that a number of items were given or intended as gifts. Then there is the problem that for any debt there must be what is called a sum certain that has been agreed on BEFORE the transaction. Oops problems here too. Now whelly don't be preening  and thinking oh good I have her on the ropes - your side is equally fraught with legal thorniness. It is possible to "legitimize" a debt which was not earlier a legal debt. You have problems in this area plus there is the concept of equity which can be used against you so Molly could possible recover an"equitable" compensation for some items ( note not all and equitable is normally not retail).

So you will both win and you will both lose. Cut your losses - split the litter minus any legitamate proveable costs - vet bills, registration costs. No food and boarding Molly since you are quick to point out you are/were a co-owner so you are stuck with those. No stud fee either on that basis because you own the sire. Then WALK AWAY and leave this matter to the dust of history. You will be better for it. The breed will be better for it and the dogs will be better for it.

I will no longer beg you to CONSIDER THIS FOR THE SAKE OF THE DOGS. I wil tell you grow up and act right!! 

No aleman or molly or whomever ou may be - go back and read the first two times. THE TIME HAS GONE BY FOR HE SAID SHE SAID. THIS THREAD IS ONLY ABOUT A WORKABLE SOLUTION - PLEASE RESPECT THAT. Enough already of who's right or who's wrongs. What is right is to take care of these dogs in a responsible manner!

I ask only for one of two types of comments on this thread -1. Urge the parties to get it done. 2. If they refuse simply post Shame, Shame and leave. We need to shun such horribly irresponsible behavior to German Shepherd dogs.

Shelley you said all registrations to AKC must be in writing with your signature. Fine. Have you heard of two marvelous new inventions. One is the fax machine. The 2nd is overnight mail aka Fed Ex etc. (I'm sure Peggy or Patty can lend you the $18 to $36 needed to get this done until your royalty check comes in). Have the registrations either overnighted to the escrow agent directly or to someone in that area you know and trust and if there is no one that fits that description choose an AKC judge and ask for help. No more whining, complaining, excusing - step up and get it done.
 
Molly on so many levels the game you have chosen to play is reprehensible. You are now faced with a choice for one moment in time to be a stand up human being and take care of these poor pups and their mom in a responsible manner. You will get at least part of your pound of flesh ($1800) but will have to delay your desire for revenge until these pups are placed. IF you truly love dogs and this breed you will do this. To you also I say step up and get it done.

So I ask for a committment from both ot you - will you do this??
 
All that is needed is an aye or a nay 


If you agree  I will help out any way you need even if it's just problem solving and I'll bet  Bob will too.. 

Fine. I nominate TIG or Bob as escrow agent. I said all along I would sign the papers on a pupy-by-puppy basis. Why Molly insists of Power of Attorney over Gabi and the litter is beyond me, unless she plans to breed here again... The sale of even half the litter would MORE THAN recoup any monies she thinks I owe her.  The original agreement was for $1800. rent. Fine. All the other charges, like the "450. non-refundable pet deposit" and board (I left on the 31 of Dec., cleaned my own dogs' kennels and bought my own dog food... from her... by check.  Its her stud dog, so I don't see why I have to pay a stud fee,and she cannot produce a bill for the c-section spay she says I have to pay hald of.  There is a fax machine here.
I want my dog back, and at leaast 1-2 of the 7 pups. I have nothing out of Gabi for myself, and I'd like to.

This is essentially the agreement Bob put forth. The response he got was "NO. I get cash AND Power of Attorney, and Shelley gets nothing." I don't call that negotiation.

While I thank you for the vote of confidence and would not refuse if it was the only way of getting this done.

However, I think this would be best handled by a neutral party who is not a member of the GSD community and in reality to get Molly to go along you probably need someone local to her so 1. you can trade out registration for Gabi and 2. she can get each individual registration as she deposits the money.

As a sign of good faith, you also need to sign all the registrations at once - thus the need for the escrow agent and no need for a POA. The escrow agent can fill in the new owners info. This way you know the registrations are safe and there will be no shenigans w/ a POA. This way Molly knows the registrations are at hand and can be delivered to the puppy buyers as they are found and you can not suddenly withold one. So no piecemeal on either side.

Thank you Shelley for stepping up to the plate! Let's see if we can get this done.

I'm good with that.  I'm really not that hard to deal with. As a show of good faith, Molly can release Gabi and my pups to John Kennedy, one hour from her, when the escrow agent, whomever that would be gets the reg app's.
PA is closed now, and I have no idea what an escrow agent would charge, but your idea is very good.
Now, all you have to do is convince Molly.
Good luck.

Shelley

atc, it doesn't work that way. It's a civil matter. The cops are NOT going to just yank out the dogs and hand them over when two parties each claim to own them. I've been there. 

As have I and it dont work that way...  :(