Public Mediation

Daniel Piszcek Dispute

B. P. vs. Daniel Piszcek
8473 Cherry Blossom Dr, Windsor, Colorado, 80550-8039, United States
Amount Involved: $800.00
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Daniel Piszcek
    • Claimant Seeks: View.
    • Claim #: 1943361
    • Amount Involved: 800.00
    • Filed On: Jul 25, 2014
    • Posted On: Aug 10, 2014
    • Complaint(s):
      • Commercial / Other dispute
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Statement of Claim
Claimant says:
"Have a contract on a breeding & show quality puppy Juno, turns out that she the dog Juno is not show & breed quality.
I tried to notify him so that we could work this out, he replied with a certified litter to me not to bother to contact him by phone, email, Facebook & postal service, so I have no way to try to fix this with Dan. I have a contract that he will & would buy back the puppy Juno, if the puppy does not turn out to breed standards. There are two others that bought puppies with show & breed contract and price & he will not refund them an amount for a pet quality puppy. Dan Piszczek has not shown to be a very nice person and to be very BAD BAD BREEDER of Australian Shepherds.
What a shame"
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Exhibits View
Additional Communication Between Claimant and Daniel Piszcek Hide
  • Aug 03, 2014, Claiming party added:
  • Dan is wrong there has been two of his customers ask for a refund I am not fraudulent I can not sale this puppy I will have to put her down do to the hip problems this puppy has. And Dan signed the contract it is his contract not mine
    I feel Dan is a very dishonest dog breeder and will be turned in to AKC & ASCA breeder ethics department from two other customers
    Also mdr1 is genetics and his female bitch mom to said puppies shoe hip problems & there are 5 off springs with hip fair can & should not breed this line hips are also genetic Marle also has genetic eye disorder breeders choice not recommend for breeding. I have not lied nor spread fails testament. There is two of Dan's customers trying to get refund on the puppies he sold
    Dan sold two of said puppies with breeding rights and then sent then the ASCA papers with NO breeding right as he did with me. So how can I get help with this
    His friend Becky Noes & Dan is the ones speaking out about me
    I really need help with this the contract he coped is not the hole contract & it is his contract not mine & he signed it.

  • Aug 03, 2014, Daniel Piszcek (responding party) added:
  • If Dan would like to sale the puppy from Kooper & Dixie I would be more then happy to purchase said puppy from said litter for the price of the loss of Juno
    Would really like to work this out with Dan but he told people that he never said we had a contract on the said litter. If Dan would agree to his statement of the purchase of Kooper & Dixie pick that he gets for his breed to Dixie I would be interested. But would like Dan to publicly announce that we did have a contract for Kooper & Dixie. I have statement from Dan & Becky Noe denied that he would sale said puppy to me. I fell that I am tying to work this out but Dan & Becky Noes just keeps spreading lies about this situation. I really need HELP
    I don't not live in a multi million dollar home like Dan does. So I feel I tried to help a friend when his dog needed a c-sion and he cried because he did not have the money I have the veterinarian to witness this. Please see Dan's attached exhibit he has the original but I have a copy he did something to remove the statement that he just admits to. Would love to post.

  • Aug 05, 2014, Daniel Piszcek (responding party) added:
  • ref. # 1943361-187396
    bobbie is not, as shown in the contract she authored entiltled to any refunds and has been given permission to sell the puppy(juno) and if posted will be included in a defamation of character suit as i am following the contract that bobbie wrote.
    dan piszczek

  • Aug 05, 2014, Claiming party added:
  • Attached is the contract that Dan modified so how could I have modified it, he modified to each sale of each puppy and he modified to Juno's as well. The font is the same from his contract to each one of his customers ( Facts are facts)
    I will have to do a new post because I can not load the said contract so please see next post.
    Also he emailed one that he tried to modify so that I could look at it and he added his name in parts but the Sarah person was still in parts of his contract he emailed me, I have that and all emails from Dan. So I don't understand why Dan would state that I tricked him on Juno's contract.

    The above is the contract that Dan modified to each puppy that includes the contract that he states I modified for the purchase of Juno. Dan signed the contract because he knew what was on that contract. His contract his signature

    If Dan would refund $200.00 to Linda & $350.00 to Mark & Candace I would be happy, Linda & Candace is writing a litter to give me proxy for there interest in there refund Linda called Dan to only be treated very hustle she said to me and recorded it and has been waiting for Dan to call her back but would now prefers not to talk to him just would like a refund. Dan sold a black tri female with breeding rights and on the papers from ASCA removed breeding rights she would like $200.00 back for the price Dan gave her for a pet quality he prices puppies at $800.00 for pet & $1000.00 up for breeding rights he sold two other puppies at pet quality for $800.00. Mark & Candace received same ASCA papers with no breeding rights and paid $1150.00 for a breeding sire. Also I did not modify Dan's contract if you would notice the fonts are the same. I will attach the contract that Dan modified and Vicki & Anne did evaluate Juno and that is why Dan & I agreed to see if Juno would turn out and Dan modified the contract so I would give Juno a chance because he really wanted to keep Juno but his wife would not let him so Dan change the contract so I would give Juno that chance but because of the history of Merle's hips (mom to said puppies) not one of these puppies should be bred. There is 5 siblings of Merle's with fair hips, if I would have known about Merle's hip problems I would have never agreed to be the wet nurse to this litter and would not have sold puppies for him. So bottom line Dan can not charge me with slander because facts are facts. Also the vet that preformed the hip X ray advised Dan not to breed this bitch, she will testify to that statement. I do not think Dan needs or deserve more time he has had adequate time to make this right. And if he feels that he needs to hire an attorney that is his right but like I said facts are facts and two of his customer are very unhappy and stated to me that if they would have knew about Merle's hip (mom of said puppies) they would have not purchased a puppy from Dan. I hope Dan will except this offer and refund the two customers there money for a pet price. This would make me very happy to make these wonderful people happy. Also please look at breeder code of ethnics article IV sales, Dan did not note of the puppies that were born with natural bobbed tails nor gave a copy of said Mom's hips. Article IV2- will explain by laws Juno is very cow hocked a breeding & show defect and disqualification, Article II hips are a genetic default. Also 5 off springs in Merle's pedigree are OFA fair. I WILL HAVE TO DO A NEW POST FOR Dan's contract.

  • Aug 05, 2014, Claiming party added:
  • This is the contract Dan modified
    Puppy Deposit and Sales Agreement



    ON THIS DATE: _____________

    Sarah Sevilla (Seller) has agreed to sell and the below named (Buyer) has agreed to buy one AKC Registration possible Pug Puppy for the Purchase Price named below, under the terms in this Agreement and described as follows:



    PUPPY BEING SOLD

    Description of Puppy:_______________

    From Litter:_________________________

    Sex of Puppy:________________________

    Date of Birth of Puppy:____________________



    SELLER: Sarah Sevilla

    Mailing address: Sarah Sevilla, 2595 Maple Ave, Concord, CA



    BUYER: _______________________________

    Name: _________________________________

    Address: _______________________________

    Phone: _________________________________



    PURCHASE PRICE

    The Purchase Price of the Puppy is $________



    Part of the Purchase Price will be paid immediately with this Agreement as a Deposit to guarantee that Seller will hold the Puppy for delivery to the Buyer on the below specified Delivery Date.



    The Balance Due ($______ ), after crediting the Deposit ($_____ ), will be paid in Cash or Cashier Check at the time of Delivery of the Puppy to the Buyer. This Purchase Price does Not include any Delivery Charge (if any) which is calculated separately.



    DEPOSIT (Surety of Action Deposit) in the amount of $__________ (usually 50% of the Purchase Price) is required to hold this Puppy for the Buyer until date of Delivery.



    There are no refunds on Deposits, unless otherwise agreed here in writing. Failure of the Buyer to complete this purchase would subject Seller to lost opportunities to sell the Puppy to some other Buyer and retention of the Deposit is meant to compensate Seller for his possible loss. This deposit signifies the intent on the part of the Buyer to follow through with the Purchase of this Puppy.



    The Seller reserves the right to void this transaction and refund the Deposit if we learn of any reason why Buyer might not be suitable for the puppy –( i.e. Buyer is found to be an animal abuser, violent person, representative of a Pet Store, representative of a pharmaceutical research laboratory etc.) .



    If the transaction is voided or if through some tragic accident the Puppy were to die or otherwise be seriously injured before it goes to its new home then, of course, the deposit will be returned to the Buyer; unless the Buyer wishes to apply the Deposit to another Puppy, if one is available, or to a puppy from the next available litter.



    PREFERRED DEPOSIT PAYMENT METHOD IS PAYPAL.COM

    Our preferred method of payment is by Cash or PayPal payment. If PayPal is selected, the transaction will all be done as a secured transaction by PayPal.com.



    In the alternative, you can print out this agreement, sign it, enclose a cashier’s check for the Deposit Amount and mail it to Sarah Sevilla at the above address. We will not reserve a Puppy until the payment and this Agreement is received and cannot guarantee that a Puppy will be available at that time. If you choose to mail this agreement and no Puppy is available at the time we receive this Agreement and Deposit we will contact you and determine if you want your deposit returned or applied to another Puppy.



    DELIVERY OF PUPPY

    We do Not Ship Puppies.. We can arrange to meet you at your home or you can pick your puppy up at our Concord or Hayward house.



    DELIVERY DATE.

    This Puppy will be available for the Buyer to pick up personally at Concord, or Hayward as agreed upon on ________________. This date is based on our estimation of when the puppy will be naturally weaned and ready to leave its Mom. Typically our puppies stay with their Moms at an absolute minimum of 8 weeks of age, but can go up to 10-12 weeks of age depending on the puppy’s needs.



    If the Buyer is not able to pick up the puppy on the agreed upon Delivery Date, we will be glad to continue caring for the Puppy for a reasonable time-limited to 30 days unless otherwise arranged, but we will add a charge of $2 per day for boarding for every day after the scheduled pickup date.



    DELIVERY CHARGE

    For delivers outside the Bay Area, the Seller is also happy to personally deliver puppies to their new homes or to meet the Buyer at some agreed in-between location. We charge 25 cents per mile times the roundtrip mileage we drive as a delivery charge. Our charge for delivering this puppy to ____________ would be $_____________. This Delivery Charge is designed to pay for our gasoline and out of pocket expenses on a trip and may actually be less than .25 cents per mile depending on individual circumstances.



    HEALTH GUARANTEE

    The Seller guarantees Your Puppy to be free from infectious diseases for 4 days after the puppy leaves our premises and guarantees the Puppy to be free from genetic problems for up to one year of age. Hip and joint problems can be caused by or influenced by overfeeding, improper diet, failure to maintain proper weight, failure to provide sufficient exercise, over-exercising or improper exercising which would be out of our control.



    We do not guarantee temperament. Our Pugs have demonstrated great stable temperament. All our Puppies are temperament tested and sound when delivered. We take great pains to provide a secure, loving environment for our Puppies from birth and provide daily proper socialization. After Delivery, the responsibility is on the Buyer to provide a good environment with proper socialization. It is the Buyer’s responsibility to keep the Puppy free from harm and bad interactions with other people, dogs and animals. Any negative exposure of the puppy to a bad experience with other dogs or people can cause lasting effects. Be gentle with your Puppy and use Positive Reinforcement ( Praise him when he does “good” - ignore his mistakes, don’t overuse the words “No” or “Nein”) to train him. Do NOT hit your puppy or do silly things like rub his nose in urine or feces “accidents”.



    The Buyer agrees to continue providing regular socialization for the Puppy after the pup is fully vaccinated. The purchaser agrees to provide a safe environment.



    The buyer agrees to keep the Puppy healthy, maintain and stay current with all puppy vaccinations, provide periodic vet checks including an initial examination within the first 4 days after delivery, and to keep the pup at a healthy weight by feeding a quality dog food



    Seller will provide Buyer with a puppy that is clean; in good general health and that has no known physical defects. De-wormings and first immunizations will have been completed and detailed in writing if puppy is older than 8 weeks. It is generally recognized that intestinal parasites (worms etc) are common in puppies, and are a part of a puppy’s early development but we will make every effort to prevent parasites. Often, however, the stress of change and travel can cause intestinal parasites to emerge. Buyer agrees to continue parasite testing and treatment (if necessary) with their veterinarian.



    Buyer agrees that he/she will take their puppy to their veterinarian within 4 days of receiving the Puppy for examination, testing for worms, treatment for worms, obtain prescription for Heartgard and Frontine and to schedule ongoing immunizations as recommended. If the purchaser’s veterinarian finds the puppy to be in poor health, the veterinarian’s written description of the problems must be provided, dated within 4 days of the date the Buyer received their puppy.



    Genetic defects are covered by this guarantee for one year, including hips, eyes and heart. A written examination from a veterinarian must state that genetic defect exists and be accompanied by x-rays and other testing as appropriate.



    With documentation by veterinarian, that is dated within 4 days of Buyer’s receipt of the Puppy, that shows serious untreatable infectious illness or genetic defect which is sufficiently serious in the opinion of two qualified veterinarians, at least one of whom is selected by the Seller, to warrant euthanization of the dog, Buyer will be refunded the price of the Puppy or given a replacement Puppy from the Seller’s next available litter. Transportation costs (if any) will not be refunded and are not included in this guarantee. Expenses of treatment, exams and tests are the financial responsibility of the Buyer.



    Failure to have the puppy examined by a vet within four days of the date the puppy is delivered to Buyer or if Buyer fails to provide required immunizations, treatment or de-wormings, will mean that this health guarantee will be void.



    Buyer agrees to keep their puppy at home and away from other dogs, public places, parks and will use care in allowing others from outside their home to pet or touch the puppy. This is to protect the puppy from exposure to parvovirus and other infectious illnesses. New owners will Not enroll the puppy in obedience training classes until all immunizations are completed.



    RIGHT OF RECOVERY OR PLACEMENT

    Should the Buyer find themselves unexpectedly in a circumstance where death or other loss prevents them from being able to properly care for the Puppy, Buyer agrees that we will be contacted first and given first rights to the Puppy. If the dog is to be sold, Seller will be given right of first refusal. Buyer agrees that the Puppy will NOT under any circumstances be placed in a dog pound or rescue center.



    GENERAL

    This written Agreement contains all of the terms of this Puppy Deposit and Sales Agreement. No refunds will be given, all deposits are non-refundable and all sales are final.

    To ensure that the Buyer can immediately reserve the Puppy of their choice, Buyer and Seller agree that this Agreement is in full force by virtue of Email exchange of completed copy of this agreement between Seller and Buyer. All disputes are subject to resolution in the Seller’s domicile: Jefferson County, Illinois.



    AGREED:

    Buyer Signature ___________________________________



    Seller Signature__________________________________

    Sarah Sevilla



    your information here

  • Aug 05, 2014, Claiming party added:

  • https://dm2-broadcast.officeapps.live.com/m/Broadcast.aspx?Fi=23ac306006aba45c%5Fcf142990%2D83dd%2D4a9f%2D8bdf%2Dfab922607292%2Edocx

  • Aug 05, 2014, Claiming party added:
  • Puppy Deposit and Sales Agreement



    ON THIS DATE: _____________
    Dan Pizek (Seller) has agreed to sell and the below named (Buyer) has agreed to buy one AKC & ASCA Registration Australian Shepherd Puppy for the Purchase Price named below, under the terms in this Agreement and described as follows:

    PUPPY BEING SOLD
    Description of Puppy:_______________
    From Litter:__Kooper & Marle______
    Sex of Puppy:________________________
    Date of Birth of Puppy:__4-14-2014_____

    SELLER: Dan Piszczek
    Mailing: 8473 Cherry Blossom Dr Windsor, CO 80550

    BUYER: _______________________________
    Name: _________________________________
    Address: _______________________________
    Phone: _________________________________

    PURCHASE PRICE
    The Purchase Price of the Puppy is $________

    Part of the Purchase Price will be paid immediately with this Agreement as a Deposit to guarantee that Seller will hold the Puppy for delivery to the Buyer on the below specified Delivery Date.

    The Balance Due ($______ ), after crediting the Deposit ($_____ ), will be paid in Cash or Cashier Check at the time of Delivery of the Puppy to the Buyer. This Purchase Price does Not include any Delivery Charge (if any) which is calculated separately.

    DEPOSIT (Surety of Action Deposit) in the amount of $__________ (usually 50% of the Purchase Price) is required to hold this Puppy for the Buyer until date of Delivery.

    There are no refunds on Deposits, unless otherwise agreed here in writing. Failure of the Buyer to complete this purchase would subject Seller to lost opportunities to sell the Puppy to some other Buyer and retention of the Deposit is meant to compensate Seller for his possible loss. This deposit signifies the intent on the part of the Buyer to follow through with the Purchase of this Puppy.

    The Seller reserves the right to void this transaction and refund the Deposit if we learn of any reason why Buyer might not be suitable for the puppy –( i.e. Buyer is found to be an animal abuser, violent person, representative of a Pet Store, representative of a pharmaceutical research laboratory etc.) .

    If the transaction is voided or if through some tragic accident the Puppy were to die or otherwise be seriously injured before it goes to its new home then, of course, the deposit will be returned to the Buyer; unless the Buyer wishes to apply the Deposit to another Puppy, if one is available, or to a puppy from the next available litter.

    PREFERRED DEPOSIT PAYMENT METHOD IS PAYPAL.COM
    Our preferred method of payment is by Cash or PayPal payment. If PayPal is selected, the transaction will all be done as a secured transaction by PayPal.com.

    In the alternative, you can print out this agreement, sign it, enclose a cashier’s check for the Deposit Amount and mail it to Sarah Sevilla at the above address. We will not reserve a Puppy until the payment and this Agreement is received and cannot guarantee that a Puppy will be available at that time. If you choose to mail this agreement and no Puppy is available at the time we receive this Agreement and Deposit we will contact you and determine if you want your deposit returned or applied to another Puppy.

    DELIVERY OF PUPPY
    We do ship puppies through pet safe airlines

    DELIVERY DATE.
    This Puppy will be available for the Buyer to pick up personally as agreed upon on ________________. This date is based on our estimation of when the puppy will be naturally weaned and ready to leave its Mom. Typically our puppies stay with their Moms at an absolute minimum of 8 weeks of age, but can go up to 10-12 weeks of age depending on the puppy’s needs.

    If the Buyer is not able to pick up the puppy on the agreed upon Delivery Date, we will be glad to continue caring for the Puppy for a reasonable time-limited to 30 days unless otherwise arranged, but we will add a charge of $2 per day for boarding for every day after the scheduled pickup date.

    DELIVERY CHARGE
    For delivers outside the Colorado, the Seller is also happy to personally deliver puppies to their new homes or to meet the Buyer at some agreed in-between location. We charge 25 cents per mile times the roundtrip mileage we drive as a delivery charge. Our charge for delivering this puppy to ____________ would be $_____________. This Delivery Charge is designed to pay for our gasoline and out of pocket expenses on a trip and may actually be less than .25 cents per mile depending on individual circumstances.

    HEALTH GUARANTEE
    The Seller guarantees Your Puppy to be free from infectious diseases for 3 days after the puppy leaves our premises and guarantees the Puppy to be free from genetic problems for up to one year of age. Hip and joint problems can be caused by or influenced by overfeeding, improper diet, failure to maintain proper weight, failure to provide sufficient exercise, over-exercising or improper exercising which would be out of our control.

    We do not guarantee temperament. Our puppies have demonstrated great stable temperament. All our Puppies are temperament tested and sound when delivered. We take great pains to provide a secure, loving environment for our Puppies from birth and provide daily proper socialization. After Delivery, the responsibility is on the Buyer to provide a good environment with proper socialization. It is the Buyer’s responsibility to keep the Puppy free from harm and bad interactions with other people, dogs and animals. Any negative exposure of the puppy to a bad experience with other dogs or people can cause lasting effects. Be gentle with your Puppy and use Positive Reinforcement ( Praise him when he does “good” - ignore his mistakes, don’t overuse the words “No” or “Nein”) to train him. Do NOT hit your puppy or do silly things like rub his nose in urine or feces “accidents”.

    The Buyer agrees to continue providing regular socialization for the Puppy after the pup is fully vaccinated. The purchaser agrees to provide a safe environment.

    The buyer agrees to keep the Puppy healthy, maintain and stay current with all puppy vaccinations, provide periodic vet checks including an initial examination within the first 4 days after delivery, and to keep the pup at a healthy weight by feeding a quality dog food

    Seller will provide Buyer with a puppy that is clean; in good general health and that has no known physical defects. De-wormings and first immunizations will have been completed and detailed in writing if puppy is older than 8 weeks. It is generally recognized that intestinal parasites (worms etc) are common in puppies, and are a part of a puppy’s early development but we will make every effort to prevent parasites. Often, however, the stress of change and travel can cause intestinal parasites to emerge. Buyer agrees to continue parasite testing and treatment (if necessary) with their veterinarian.

    Buyer agrees that he/she will take their puppy to their veterinarian within 3 days of receiving the Puppy for examination, testing for worms, treatment for worms, obtain prescription for Heartgard and Frontine and to schedule ongoing immunizations as recommended. If the purchaser’s veterinarian finds the puppy to be in poor health, the veterinarian’s written description of the problems must be provided, dated within 4 days of the date the Buyer received their puppy.

    Genetic defects are covered by this guarantee for one year, including hips, eyes and heart. A written examination from a veterinarian must state that genetic defect exists and be accompanied by x-rays and other testing as appropriate.

    With documentation by veterinarian, that is dated within 3 days of Buyer’s receipt of the Puppy, that shows serious untreatable infectious illness or genetic defect which is sufficiently serious in the opinion of two qualified veterinarians, at least one of whom is selected by the Seller,Buyer will be refunded the price of the Puppy or given a replacement Puppy from the Seller’s next available litter. Transportation costs (if any) will not be refunded and are not included in this guarantee. Expenses of treatment, exams and tests are the financial responsibility of the Buyer.

    Failure to have the puppy examined by a vet within 3 days of the date the puppy is delivered to Buyer or if Buyer fails to provide required immunizations, treatment or de-wormings, will mean that this health guarantee will be void.

    Buyer agrees to keep their puppy at home and away from other dogs, public places, parks and will use care in allowing others from outside their home to pet or touch the puppy. This is to protect the puppy from exposure to parvovirus and other infectious illnesses. New owners will Not enroll the puppy in obedience training classes until all immunizations are completed.

    RIGHT OF RECOVERY OR PLACEMENT
    Should the Buyer find themselves unexpectedly in a circumstance where death or other loss prevents them from being able to properly care for the Puppy, Buyer agrees that we will be contacted first and given first rights to the Puppy. If the dog is to be sold, Seller will be given right of first refusal. Buyer agrees that the Puppy will NOT under any circumstances be placed in a dog pound or rescue center.

    GENERAL
    This written Agreement contains all of the terms of this Puppy Deposit and Sales Agreement. No refunds will be given, all deposits are non-refundable and all sales are final.
    To ensure that the Buyer can immediately reserve the Puppy of their choice, Buyer and Seller agree that this Agreement is in full force by virtue of Email exchange of completed copy of this agreement between Seller and Buyer. All disputes are subject to resolution in the Seller’s domicile: Jefferson County, Illinois.

    AGREED:
    Buyer Signature ___________________________________



    Seller Signature__________________________________




    Add your information here

  • Aug 05, 2014, Claiming party added:
  • So below is the contract Dan email my to look at I explained that there was a Person's names of Sarah in this contract and at the bottom was the wrong county and State. So bottom line is Dan modified the contract the each puppy he sold and emailed me the contracts to each customer as he did the contract on Juno. Dan waited to keep Juno but his wife would not agree so that is way Dan ask me to give Juno a chance to make it as a show dog, Dan's contract Dan's font on contract Dan's signature on contract. I would just like Dan to refund the customer that I mentioned earlier from a breed price to the pet price he told them pet price $800.00 $ Show price a$1000.00 & up he sold two puppy at $800.00 for pet quality & this is the price he should have sold all his puppies.
    So again $200.00 Refund to Linda & $350.00 Mark & Candace. And I have permission from Linda & Candace and Mark to be there proxy for they do not what to deal with Dan's hastily, as he did with Linda so I hope Dan understand that he is to work this out through me and peoples Claim. Or elect to refund them and it will be done. I really like the people that bought Dan's puppies and they do not deserve to be treated in this manner. And I will not ask for money on Juno if he refund said people.

  • Aug 07, 2014, Claiming party added:
  • I have question about Dan ( disagree with explanation /ground provided ) line 4. that I fraudulently changed the contract after Dan signed it how could I have done this? he took one copy & gave me a copy with both of our signatures, so the contract I have with Dan's signature on it and if I changed it after he sign it our contracts would be different from each others and would be missing Dan's signature. I am note sure what Dan is trying to say. Line 7. And on July 19th at 2:33pm I sent Dan an email about the little blue dog he sold the Mark & Candace ( a returning customer of mine ) that there vet found on evolution of the puppy he told Mark & Candace that the puppy vet is very worried about his hips, he shows sign of problems already.
    And that Mark & Candace would like to work this out through me because of Candace's health. On July 19 @ 7:33pm you replied and then again on July 20 @ 6:40am you replied again, Mark & Candace gave me proxy to try and get the refund from you for $350.00 for the price you gave them for a pet puppy but you told them this was a breeding quality puppy and would like to see them breed him and the price for that was $1150.00. them you sent ASCA papers to them & removed breeding rights. So they replied to me that the only time they spoke to you was about the money & never meet then earlier in person that I can have proxy to help them because the only time they meet you was at the time to pay you for puppy & Candace should just rest to try to get her health back. Also line 7. On July 23 Linda also contacted you about a refund do to the removal of breeding rights on ASCA papers and asked about the status of Marle's hips ( Marle the puppies mom) she also told me that you we aggressive with her and would like me to try and help with the refund for pet price you gave her $800.00 so she also gave me proxy rights,
    So I do not understand the line 7. Dan to this date ect. ect. Because clearly he was notified for refund for a pet quality puppy and asked why he took breeding rights away after he got paid for a breeding quality puppy. And now will not refund these wonderful people. I Bobbie do not understand. I feel if Dan doesn't replied this should and will be posted on this site and if Dan feels that his attorney needs to be contacted that is his right but I have all documents and not one is fraudulent unless the documents were fraudulent from Dan.
    I also have a concern about the contract Dan gave these people in the contract it state to use Heartgard for heart worm prevention. He did not explain that Marle is MDR1 Mutant/Mutant which is a drug sensitivity to the Heartgard medication. I had to educate the puppy buyers about this when I found out about Marle's MDR1. Dan already new about this according to South Mesa Vet the vet told Dan that 75% chance of these puppies would have the mutant gene, and Dan did not tell his paying customers about this nor correct it on the contract not one of these puppies should be giving Heartgard or any drug with Ivermectin.

  • Aug 10, 2014, Claiming party added:
  • CODE OF ETHICS



    The Australian Shepherd Club of America (ASCA) in keeping with its Constitutional aim of breeding for the working ability as well as other outstanding qualities of the Australian Shepherd, has adopted the following Code of Ethics to promote and foster the highest standards among breeders, owners, and fanciers, and to encourage sportsmanship and cooperation in the improvement and advancement of our breed. All members in good standing with ASCA subscribe to and uphold this code.







    ARTICLE I RECORDS
    1.Each member who breeds his bitch or uses his stud for services should keep accurate records of stock such as stud services, pedigrees, all litters produced, sales of dogs/puppies, all exchanges involving Australian Shepherds for a minimum of five (5) years.
    2.Any member who falsifies a registration or knowingly misrepresents a pedigree should be reported to the ASCA Board of Directors.






    ARTICLE II BREEDING
    1.A breeder should plan each breeding with the paramount intention of improving the breed.
    2.A breeder should select sire and dam with an eye to conformation, temperament, and working ability with a careful study of the ASCA Breed Standard, pedigrees, and basic principles of genetics.
    3.Before entering into any breeding agreement, a breeder should scrutinize pedigree, conformation and working potentials of both sire and dam keeping in mind the ideal Australian Shepherd as described in the ASCA Breed Standard. He should refuse the breeding if, in his opinion, it is not in the best interest of the breed. Should he refuse the breeding, a full explanation of his reasoning should be given to the owner of the bitch.
    4.A breeder should use for breeding purposes only those individuals free from defects such as monorchidism, cryptorchidism, deafness, albinism and other such disqualifying defects. a.He should use only those individuals whose hips have been x-rayed for Dysplasia and rated normal to excellent by a qualified radiologist.
    b.He should take care to use only dogs whose eyes have been examined and found free from signs of ocular deformities.
    c.He should further refrain from using an individual who, although free from the above defects, consistently produced afflicted puppies.







    ARTICLE III HEALTH

    A breeder should maintain high standards of health and care for his dogs and guarantee the health of puppies at the time of sale.






    ARTICLE IV SALES
    1.The breeder should be discriminating in the sale of his puppies and concerned with the type of homes in which they are placed. With this in mind, Australian Shepherds shall not be donated for raffles, give-aways, or sold to dog wholesalers or retailers, such as pet shops.
    2.A breeder should provide a minimum six (6) month written guarantee against crippling or handicapping congenital defects on all pet puppies sold and should additionally guarantee the sale of breeding stock puppies against all hereditary defects and any disqualifying faults for a like period. All guarantees should at least provide for replacement of the puppy with another, within a reasonable length of time after return of the puppy originally purchased.
    3.A breeder should transfer all applicable registration papers at the time the purchase agreement is completed and agreeable to both parties.
    4.Upon sale of a dog/puppy, the breeder should provide all buyers with a two (2) or more generation pedigree (if known) including coat, eye color occurrence of a naturally bobbed tail, diet and care information, health guarantee and inoculation record (including date and type of serum.)
    5.A breeder should refrain from releasing a puppy until at least seven (7) weeks old or eight (8) weeks old if the puppy is to be shipped.






    ARTICLE V ADVERTISING
    1.The breeder agrees that all advertising of dogs/puppies should be factual and honest both in substance and implication.
    2.The breeder should be cautious in encouraging buyers as to breeding potential, as the breeding of Australian Shepherds is not to be taken lightly.






    ARTICLE VI MEMBER RELATIONS
    1.The exhibiting of dogs being a sport, ASCA members shall be expected to express good sportsmanship in all activities involving the Australian Shepherd.
    2.Members should refrain from unnecessary criticism of another's dog.
    3.As a matter of ethics, the breeder pledges to help educate the general public as well as graciously assist the novice breeder in all with which he is familiar.






    ARTICLE VII IMPLEMENTATION
    1.Any infractions of the code should be reported, in writing, to the ASCA Board of Directors in accordance with the By-laws.
    2.Only when a breeder continues to deviate from these ideals and is not cooperative in rectifying an error will the situation be presented to the Board of Directors for disciplinary action.Add your information here

  • Aug 11, 2014, Daniel Piszcek (responding party) added:
  • claimant (person) is a professional breeder. she acted as a broker for me. I am and have been willing to abide by the terms and conditions of the puppy deposit and sales agreement signed by claimant and other buyers. Claimant as instructed to refer to the terms and conditions of the agreement which she drafted.

  • Aug 11, 2014, Claiming party added:
  • I was in NO WAY hired to be Daniels broker, more like a wet nurse or nanny is what I explained to his customers.I did not price nor communicate the final bill of sale to new owners. Daniel Piszczek got a contract off the internet and filed in his info in the appropriate spot to become his contract, my contracts state my name and pedigree of the parents on my contract, Daniel did not us nor did I provide a contract for Daniel. All I would like Daniel to do is refund customers he sold breeding rights to & removed breeding rights on the ASCA ( Australian shepherd club of America) papers. This is just not right to sale something for a value & take that value away. Just bad business on Daniel Piszczek side. The agreement was he would send ASCA paper as he received these papers and removed breeding privilege from that puppy on that document. Again Mark & Candace paid $1250.00 for a breeding dog, was told $800.00 with out breeding rights and or pet quality, privilege removed on ASCA paper I have proxy they don't what to dial with Mr. Piszczek and the same for Linda $1000.00 for a breeding bitch, or $800.00 for pet quality, with rights removed on ASCA papers. So if Daniel is will to abide by his contract then he should send his customers a refund. I am glad you agree to your contract Daniel Piszczek so the customers Mark & Candace as well as Linda can expect a check for the refund according to your contract and difference between the pet quality & breeding quality. Thank You Daniel Piszczek that is the right thing to do. God Bless you. This is all I would like to see and I will drop any & all claims for Juno.

  • Aug 11, 2014, Claiming party added:
  • I need Daniel Piszczek to have a cleared hip through OFA on Uwharrie Southern Comfort for the reading of Juno's Penn Hip to have a parentage on the X rays preformed on Juno, we can not get OFA certification. Daniel Piszczek has not sent the OFA readings in on Uwharrie Southern Comfort hips the mom to said litter and or puppies and has not given the Veterinarians permission to send the xray in to OFA. So as it stands I would like to retract my last offer if possible. If I can not retract than I will keep my promise will Daniel Piszczek. So at this time I can not show that Juno would or wouldn't have a clear OFA. Nor can any of the said puppies from said bitch be OFA cleared. So I do not know how to go forward on a refund on Juno or any help I can give the customers from this litter.
    😞😡😞😡😞😡😞😡😞

  • Aug 15, 2014, Claiming party added:
  • See attached file of OFA NO hip
    UWHARRIE SOUTHERN COMFORT DN22755901 AUSTRALIAN SHEPHERD F Feb 5 2014 AS-CA358/65F/P-VPI CARDIAC CA 928587 NORMAL - PRACTITIONER DN01788301 DN03037101 8/30/2008 BLACK 65 N
    UWHARRIE SOUTHERN COMFORT DN22755901 AUSTRALIAN SHEPHERD F Feb 5 2014 AS-EL6874F65-VPI ELBOW EL 928587 NORMAL DN01788301 DN03037101 8/30/2008 BLACK 65 N
    UWHARRIE SOUTHERN COMFORT DN22755901 AUSTRALIAN SHEPHERD F Oct 6 2009 AS-9577 CERF ER 928587 9 DN01788301 DN03037101 8/30/2008 BLACK 14 N
    UWHARRIE SOUTHERN COMFORT DN22755901 AUSTRALIAN SHEPHERD F Feb 5 2014 AS-EYE563/65F-VPI EYES EYE 928587 NORMAL W/BREEDER OPTIONS NOTED E1:Cataract - significance unknown DN01788301 DN03037101 8/30/2008 BLACK 65 N
    UWHARRIE SOUTHERN COMFORT DN22755901 AUSTRALIAN SHEPHERD F Feb 5 2014 AS-PA445/65F/P-VPI PATELLA PA 928587 NORMAL - PRACTITIONER DN01788301 DN03037101 8/30/2008 BLACK 65 N
    UWHARRIE SOUTHERN COMFORT DN22755901 AUSTRALIAN SHEPHERD F Feb 5 2014 AS-TH212/65F-VPI THYROID TH 928587 NORMAL DN01788301 DN03037101 8/30/2008 BLACK 65 N
    As you all can see NO HIP OFA #

  • Aug 16, 2014, Claiming party added:
  • Daniel Piszczek Linda just give me the MDR1 results of The little black tri girl AKA Terra his is mutant/mutant gene positive drug sensitivity and in your contract it clearly states to us heartgard heart worm preventative this is not the correct drug for MDR1 positive & she has horses and has to use a more expensive deworner on the horse stock she has. Shame on you Daniel Piszczek not good business. Please let me know what you plan on doing for these customers that have to change there hole life because of your not being truthful to all of us including Advanced Animal care, they did the OFA HIPS & recommend not to breed & you went to South Mesa Vet Clinic for the AI total disregarded the OFA MDR1 & VET RECOMMENDED NOT TO BREED as I later found this out.

  • Aug 16, 2014, Claiming party added:
  • The Veterinarian of Linda's will send you a copy of the MRD1 text and the amount that you would owe as per contract if you decide to have your test done you can choose a vet in that area and send the Address of your choice of vet. To PeopleClaim , I will have the vet send the report & cost Monday afternoon through PeopleClaim address to you. You know this test can be preformed through a cheek swab, vet of your choice can preform the check swab or blood drown and you will be charged for her test and the one you have done if you choose that approach.
    Thank you Daniel Piszczek
    Report will be forwarded to you through PeopleClaim.
    Or if you just would like to pay the among you owe Linda & Mark & myself that would be welcome on all of our behalf.
    Thank you Daniel Piszczek God Bless

What Claimant Wants Hide
1. Recovery of Losses: Austrialian Shepherd puppy Aug 09, 2014 $800.00
2. Other – Copy claim to regulators Aug 09, 2014 $14.99
3. Other – Pay for claim posting cost Aug 09, 2014 $7.99
Cash total : $822.98
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)
Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "As I do not need to reply to this ridiculous statement by Bobbie Person, I will only provide the facts.

    1. Bobby Person is the author of the contract for her puppy. (copy enclosed)
    2. There is no condition for a refund for a Show puppy that did not turn out. This pup was evaluated by two well respected breeders and both told Bobbie that she was not show quality, but Bobbie chose to take her anyway.
    3. The only way, per the contract that Bobbie wrote, that a refund is allowed is for Genetic Health issues. There has not been any documentation from Bobbie showing this pup has Genetic Health Issues. Bobbie must, per the contract, take the pup to a certified, licensed Vet and provide radiographs and documentation.
    4. Bobbie Person was contracted to whelp and raise the litter and received compensation for finding homes for these puppies. Bobbie Person changed that contract AFTER it was signed. Fraud both monetarily and conditionally.
    5. The Contract states again in the last paragraph that there are no refunds with the exception of Genetic Health issues.
    6. Bobby was provided (in the letter attached) permission to sell her puppy (she received the puppy in exchange for Vet expense for a C-Section at the value of $800. The majority of the litter was sold for $1000) I have foregone my first right of refusal option.
    7. To date, I have not had any owners contact me stating their show puppy did not turn out and are looking for refunds.
    8. Bobbie is spreading lies, this is defamation of character, and libel/slander. If this situation is posted on your site, my attorney will be in contact and filing suit for the above slander and defamation of character.

    --
    Sincerely
    Daniel Piszczek"

This claim will remain posted until resolved.

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  • Comment: by rachelle landry — Online mediator
  • On: 08-10-2014
  • Oh and for the record, I do not believe this woman is telling the truth about anything. Esp where the contracts are concerned. She said that the respond ant wrote one of those contracts? Not likely...he would spell his own name correctly if he did I would imagine. And the same uneducated grammar and spelling that the claimant uses in their claim is also used in the contract. I think someone is trying to pull a fast one.
  • Comment: by rachelle landry — Online mediator
  • On: 08-10-2014
  • Based on the documentation the claimant is not entitled to a refund. They have not taken the puppy to the vet and have not provided and documentation that this puppy has a genetic health issue.

    As a breeder and handler of show dogs for 20 years a cow hocked puppy is not proof that anything is wrong genetic wise. The contract states first right of refusal to the breeder... He declined and gave permission for the claimant to sell the puppy to a pet home. Any person that thinks they need to put a puppy down because they are cow hocked is a complete idiot and shouldn't own a dog in the first place and definitely should not be breeding.

    If this buyer wants a refund then they need to follow the contract.
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