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.
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.