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Court Orders Recovery of Piper, the missing Ch. Legacies Pipe Dream

Court Officers do not find Piper

The attempt yesterday (Wednesday 8/6/2014) to recover the sheltie, Ch Legacies Pipe Dream (Piper), held by Penny Sanderbeck, director of Central Ohio Sheltie Rescue was not successful.


Acting on an  Order of Possession and for Delivery of Property and Temporary Restraining Order issued by Judge Tyack in the Franklin County Municipal Court, Civil Division, Officers of the Court went to the place of operation of Central Ohio Sheltie Rescue yesterday to recover Piper. When they arrived at the kennel located at the home of Penny Sanderbeck, they found dogs unsecured in the premises. As stated in the press release by Attorney Cohen, the officers decided not to enter the premises due to concerns of safety. Instead, the Officers of the Court served Ms Sanderbeck directly with the Writ.  According to Attorney Cohen, Ms. Sanderbeck has five days to turn over Piper to the Law Offices of Attorney Cohen.  Should she decide instead to post the $10,000 bond to retain possession of Piper, then this will continue though the normal Court proceedings.

Central Ohio Sheltie Rescue Facility (Home of Penny Sanderbeck)

———————————————————————————————————————————————————————

Press Release: By Lloyd D. Cohen. Wednesday, officers of the court took the order for immediate procession of Piper to COSR but since the rescue facility is its directors home and since it was apparent that the dogs inside were loose, out of a concern for safety, they decided not to enter and inventory animals that day. Instead, they served the rescue‚ director both personally and on behalf of COSR with an order that, among other things, requires the turnover Piper within five days. That time will run at end of the business day on Monday. We are presently waiting to see if the rescue will cooperate with the court order or if they will put this dispute ahead of their stated mission to advance animal welfare. I encourage cooperation but if it is not forthcoming, we anticipate that additional procedures asking for enforcement will follow.

By Lloyd D. Cohen, www.LloydCohen.com
Cohen Law Offices, 824 South High Street, Columbus, Ohio 43206
Attorney for Plaintiffs (Pipers owners)

———————————————————————————————————————————————————————-

This raises major questions: Why would any rescue post a bond in the amount of $10,000 to keep Piper from her owner after that rescue organization was advised less than 24 hours after taking possession who that owner was and that the owner wanted her back? Is this an appropriate use of funds being donated to a 501c3 organization, which COSR must be under Ohio law? At the time of this writing, COSR has posted requests for funds for animals currently in their care that need immediate medical attention. Would not the funds to fight a Replevin be better utilized for dogs in COSRs care now?

In an attempt to have Sanderbeck explain her refusal to return Piper, Sanderbeck Attorney, John Bell was contacted. Bell’s response is as follows:
Since this matter is, indeed, in litigation, neither my office nor my clients will comment on the case while the litigation is pending.

As many rescues are now stepping up to say their own policies are to return lost dogs to their owners and to their breeders, the intrangency of Sanderbeck is even more puzzling.

As this moves through the Court, hopefully, answers and a resolution will be forthcoming soon.

Written by

Edrie Blackwelder has owned, loved and bred Samoyeds beginning in 1970. She is also active in Rescue of dogs (both purebred and mixed breeds), cats, horses, birds and wildlife. She ardently fights for the protection of both animals and the rights of those who own them. Her passion also includes protecting the health of the planet we share with all creatures. She is active in disaster preparedness through CERT program, ARES and the Large Animal Evacuation team in her home area. You can follow her writing on Dailykos here. http://www.dailykos.com/blog/edrie/
Comments
  • mkelly August 7, 2014 at 3:38 PM

    She probably sold the dog and now is trying to hide the fact that the dog is no longer in her procession.
    If the needed medical care produce the bills. Also the state needs to step in and see just how many dogs she has that the breeders or owners have not been contacted. There something terribly wrong with her actions.

  • PEGGY WULF August 7, 2014 at 4:36 PM

    Come on COSR – you had so many people supporting you and now you are in trouble. Give the dog back to its owner. You were so wrong and deserve what you have coming your way. You are not a rescue org – you are an opportunist. SHAME ON YOU!

  • lorainshelties August 7, 2014 at 4:42 PM

    What was most compelling here was the level of restraint exhibited here for the safety of the dogs, over a lawful court order for immeidate possession and a chance to bring piper home. If only COSR had exhibited the same level of compassion “for the dogs” as was shown by all those involved in the execution of yesterday’s search warrant.

    • JenniferT August 10, 2014 at 4:53 PM

      I agree. I admire the level of responsibility to the dogs shown by those seeking to get Piper back to her rightful owner.

  • Coleen Minnick August 7, 2014 at 5:02 PM

    So DID THE RESCUE POST THE BOND?

    • kayla
      kayla August 8, 2014 at 7:07 AM

      Hi Coleen,
      Per the Replevin Order, COSR has 5 days to post Bond. It is unknown at this time if they have. Thank you for writing and sharing your interest and thank you for being an important voice in the Best In Show community.

  • JusticeForPiper August 7, 2014 at 6:19 PM

    This is outrageous…Who’s running the show at COSR?? Return this dog to their rightful owners, spending money on issues like this, when there are Actual Dogs in dire NEED of help???

  • Maurene August 7, 2014 at 7:16 PM

    Does anyone think that outta spite she had Piper fixed?? There is something seriously wrong with this woman. Her “rescue” needs to be shut down.

    • Maria August 9, 2014 at 5:11 AM

      According to the owner’s previous statement, Piper is already spayed because she’s retired.

  • Clu Carradine August 7, 2014 at 7:25 PM

    I’m quite certain that Piper was surgically sterilized immediately and sold for many hundreds (if not more) dollars in “adoption fees” shortly thereafter.

    Retail Rescue rears its ugly head once again.

  • Thomas Kirby August 7, 2014 at 7:37 PM

    They don’t show that kind of restraint when they go after someone who they’ve falsely accused of abuse so that they can rob them of their animals for an SPCA or “humane” society.

    • kayla
      kayla August 8, 2014 at 7:10 AM

      Hi Thomas,
      Yes there have been some incredible tragedies of late with dogs injured or killed in all sorts of a Policing actions. In this instance, since dogs were loose, it was determined to not enter the home. Thank you for writing and for being part of the best In Show community.

  • Pam Hays August 8, 2014 at 7:04 AM

    She needs to be arrested. This is serious.

  • Mary Bloom August 8, 2014 at 9:21 AM

    I think as others have mentioned she does not have the dog. For some reason rather than tell the truth up front she dug herself a bigger hole. She does need to be arrested as she has caused undue harm to all involved.

  • Pam August 8, 2014 at 10:32 AM

    We are a 501c3 in Texas, and we go the extra mile to find the owner or breeder to get the dog home! This gal is how rescues get a bad name and she is a huge minority! We NEVER make a dime on any animal, nor does any of our officers or foster homes ever take a penny to care for these animals, if you are a breeder, or are in the showring, you owe it to your breed to give back, even if just a little

  • Denise August 8, 2014 at 11:56 AM

    While all of you are thinking of the breeder, do any of you think about what this will do to rescues and pounds? How many people want to adopt a dog LEGALLY and then have the former owner come back and say I want my dog back and get it back? The whole process was LEGAL.

    Why does this breeder have a leg to stand on? What is in the best interest of the dog?

    • Miranda August 9, 2014 at 6:59 PM

      The whole situation was NOT handled legally (please research the whole story!). What’s in the best interest for the dog is for her to be returned to her owner. This is not rescue. This is kidnapping. Wouldn’t you want your dog back if he/she accidentally got loose and a “rescue” organization refused to give you your dog back because your beliefs are differentt than theirs? This could happen to anyone!

  • Kerrin Churchill August 8, 2014 at 1:40 PM

    Denise – the entire process was most certainly not legal. The animal shelter that picked up the dog in the first place was by law to hold on to the animal for 14 days. They did not. They turned the dog over to the rescue when the vet couldn’t get to his office to do a hand search for the microchip files.

    I tried to contact the rescue and its lawyer and they refused to speak to me – kudos for Best in Show Daily for getting the story. All I got was a nasty little note from Penny Sanderbeck referring me to the website which basically threatened anyone from “harassing” her further. What is in the best interest of the dog is to return it to the breeder/owner. I shudder to think this could happen to me. It could happen to anyone. With all the backlash against purebred dogs – they are now a hot commodity. I am of two minds – Sanderbeck either sold Piper and is having trouble getting her back from the “new owners” or she is refusing to surrender the dog because of pride.

  • Judy August 8, 2014 at 1:44 PM

    Denise
    While all of you are thinking of the breeder, do any of you think about what this will do to rescues and pounds? How many people want to adopt a dog LEGALLY and then have the former owner come back and say I want my dog back and get it back? The whole process was LEGAL.
    Why does this breeder have a leg to stand on? What is in the best interest of the dog?

    Denise,

    There was NOTHING done legally in this kidnaping of Piper. The Franklin Co shelter violated their own rules on not holding an identifiable dog for 7 days and someone illegally turned Piper over to COSR. Penny was given plenty of proof of ownership and chose not to return her. Are you saying if your beloved pet was in this situation that you would just say…..oh well she/he is adopted out to someone and just let it go?? I think not!! Respectable and honest rescue will not suffer due to this, their good work will speak for itself.

  • Mary Beth McManus August 9, 2014 at 3:29 PM

    We have a responsible breeder here who wants their dog back. Isn’t that something rescues complain about (wanting responsible breeders)? Sadly, not every rescue group is so enlightened or savvy enough to bother tracking down breeders. It’s simply easier for them to keep certain surrenders (especially healthy or more desirable dogs) to fill the wait lists some or most of them keep. This travesty is example of why shelters as well as the rescues should be regulated in that they should be made to make reasonable attempts to find the breeder and document when breeders decline to take their dogs back. Having done rescue (purebred and other) for over 25 years, it was my experience that virtually every breeder I contacted was unaware a dog they bred was turned into a shelter &/or that there was even a problem. Most of the folks doing the surrendering had one of several excuses why they didn’t contact the breeder BEFORE turning it over to a shelter or rescue. The next time a rescue group complains about unwanted dogs, let them show they’ve tried to find the breeders….I know this is off topic a bit here, but I’ve encountered this mentality before (very near or pro animal rights’ agenda)….Again, this is a responsible breeder here….lets have accountability from the shelter and rescue that both erred.
    Mary Beth McManus
    licensed hobby breeder in Palm Beach County

  • denise August 9, 2014 at 6:44 PM

    The law is a three day hold without a current Franklin county tag . Did Piper have a current Franklin county tag?

    • Pam Gale August 10, 2014 at 12:38 PM

      Who cares if the dog had a tag or not. The dog belongs with the breeder/owner who loves this dog. If this were any other piece of property she would have been charged with theft. I will guarantee that there are mental health issues here!!!

    • JenniferT August 10, 2014 at 5:05 PM

      The dog is tagged in her home state of PA, and was a visitor in Ohio.

    • Marion August 12, 2014 at 6:21 PM

      Denise, The dog was being watched by her friend, while she was on vacation. The friend’s father had a heart attack, and she spent two days at the hospital with him. The person caring for the dogs during this time accidently let her out. The day her owner returned from vacation, she was informed and immediately went looking for her. She found out the dog had been at Animal Control and they turned her over to rescue 3 days after taking her in. However, they are supposed to keep dogs 7 days. It was fine with the owner, as she would have rather had her in rescue than the pound. Unfortunately, when she contacted rescue, they refused to return the dog. Piper was in heat at the time she was being babysat. I have ZERO prooof, and it’s just a feeling I have, but I’m willing to bet the rescue person bred her. If she did, the pups would have been born at the end of June and be available at the end of August. A quick buck for this rescue person. The owner must have thought the same, because the court docs say the dog must be returned and any puppies if she were bred. A Sheltie will litterally loose ALL their coat after nursing pups and it takes 6 months to grow back. There is no way she could fake her way out of it, if she did breed her. That’s why they posted the $ 10,000 bond today. All those donations from people to help dogs that are actually in trouble, and she uses it for one dog, who has an owner that wants her back. She does state on the COSR website that anyone making statements to defame her will be prosecuted. This whole thing is a mess of her own making. She should have returned the dog at the beginning.

  • Cindi August 10, 2014 at 10:26 AM

    Denise, you appear to be purposefully missing the point that the rescue KNEW who the owner was in plenty of time to return her to the owner before she would have ever had time to place her (Piper). She chose not to for reasons no one knows but many of us can certainly assume on our own. She thinks she knows better than anyone else – that ANY dog that gets loose is not being cared for which is insanity. Stuff happens all the time!! The better PR for her organization would have been to applaud their organization on being able to return a properly chipped (Piper was) dog to her rightful owner and instead this organization will never be thought of in a good way. No one would or SHOULD trust them.

  • Cheryl August 11, 2014 at 12:32 PM

    There is one other explanation for the dog not being returned, although the most likely reason is for the monetary value. Someone above said that Piper had already been spayed as she was retired. What if this Penny Sanderbeck did not know that? Don’t most rescues immediately spay such a dog when it is received? What if Piper was put under for spay and did not survive, especially since she was older and already spayed? And since when, if you have a whole group of rescue dogs (and are these all Shelties?) do you let them all run the house at the same time together? Doubtful, especially at the most convenient moment (and I don’t believe in coincidences) that the authorities show up to collect Piper. Since no one has seen Piper or knows if she is okay or not, then we are left to assume that Penny either sold her already or that she did not survive the unneeded spay surgery. I would hope someone had news today as it is afternoon of the 11th.

  • Kathy Crislip August 12, 2014 at 3:00 AM

    Any competent vet can tell if a dog has been spayed or not. And in doubt perform an X-ray to verify or not.

    blockquote cite=”Cheryl”>
    Cheryl
    There is one other explanation for the dog not being returned, although the most likely reason is for the monetary value. Someone above said that Piper had already been spayed as she was retired. What if this Penny Sanderbeck did not know that? Don’t most rescues immediately spay such a dog when it is received? What if Piper was put under for spay and did not survive, especially since she was older and already spayed? And since when, if you have a whole group of rescue dogs (and are these all Shelties?) do you let them all run the house at the same time together? Doubtful, especially at the most convenient moment (and I don’t believe in coincidences) that the authorities show up to collect Piper. Since no one has seen Piper or knows if she is okay or not, then we are left to assume that Penny either sold her already or that she did not survive the unneeded spay surgery. I would hope someone had news today as it is afternoon of the 11th.

    • Sindy August 12, 2014 at 7:37 PM

      This may not always happen, but I adopted a husky girl from my local humane society with a contract to spay her – my vet is a great vet but did not know the girl had already been spayed until she began the procedure. I also had a dog years ago that was spayed at 6 months by a wonderful vet who make the incision so small that you could not find it a year later. It can happen.

  • Nancy Eisenhut August 12, 2014 at 9:50 AM

    Update? Has Piper been returned?

    • Sindy August 12, 2014 at 7:39 PM

      No, Sanderbeck posted the $10,000 bond instead. Not sure why that means she doesn’t have to surrender the dog, but at this point everybody waits on a court date.

  • BB September 3, 2014 at 7:32 PM

    A few things need to be done immediately: 1) Readers need to be checking newspaper ads, craigslist ads, etc., to see if anyone in her area is trying to place sheltie puppies that were born in late June. 2) You also might want to watch the rescues in Wisconsin, Michigan, and in Indiana where Penny’s rescue buddies live. Penny would have transferred her out of her rescue into one of theirs to hide her…she & they admitted they were her rescue supporters (within driving distance). They’re the most likely places she would have hidden her out in. 3) Another thing, why isn’t this story going viral all over the news on TV by now? Anyone have friends in the TV industry? Announce this on TV all over the news and ask anyone getting a puppy from a rescue (or a bi-black older bitch matching the photo on TV) to call some phone number. It’ll be obvious to a new adopter that something is wrong if their new dog is on the news. 4) Also, why isn’t Atty. Cohen pushing for another oppty to collect the dog to hold until the trial? There’s already a court order for it to be done. So act on it! Sure, the police didn’t want a problem that day they went to Penny’s house, so make arrangements to go back when Ms. Penny is there to get the dog. Don’t let her pull another fast one. Make her produce her. 5) Why isn’t HSUS and SPCA called in to check out her home’s condition; forget animal control–that place is her friend and is a joke. Also, the police in that town are pretty lazy as they did nothing when Adam and Aaron tried to serve Penny with papers and get back some of their deceased mother’s belongings & money that Ms. Penny stole. 6) Why aren’t those bothers going to the States Atty office in their county to have Penny arrested for fraud & theft? That’s a criminal complaint not a civil one. No attorney is needed…go to file a complaint and let the People of the State arrest her and charge her with fraud & theft in that case. Let her sit and rot in jail for awhile. She’ll cough up the dog then… Jail house justice it’s called. People need to start moving and doing taking some action before it’s too late. Penny is counting on people forgetting about it and moving on. DON’T FORGET! Hold her responsible. Step up the beat and put the pressure on her!

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