For some, the debate expanded into the role of “rescues” - whether or not legitimate rescue organizations work to reunite lost pets or if some of these organizations simply are “rogue” groups that grab purebreds and “sell” them for hefty adoption fees with little or no regard for current regulations and laws.

However, that debate is for another day - right now, this issue is one of property rights - the right of Veronica Covatch to recover said “property”, a highly valuable and loved Champion Sheltie. Her battle is one that it affects every single pet owner - dog, cat, horse, bird, farm animal should become lost or stolen!

The issue is whether or not a shelter and/or rescue group can simply state, “we’ve got your pet and we’re not giving it back!” for what EVER reason they decide.

Because of the spirited discussion in the previous diaries about the legalities involved, i wanted to be sure I understood exactly what the legal issues are in this case. I called the Law Office of Attorney Cohen and spoke directly with him to clarify what is being done the effort to recover Piper.

He explained the action that has now been filed is called a “replevin” - he explained the term relates to an old English writ that says, essentially, “we don’t care how you came into possession of our property, it is ours and we want it back”.

There are specific statutes in Ohio law that guide actions for recovery of property, however, rather than referring to the statute, lawyers know it by the term “replevin”.

To file a replevin, Mr. Cohen further explained, each state may vary, but in general, to file a recovery of property statute, a number of requirements must be met:

* a resonable cause showing that you are the rightful owner

* explanation of the circumstances of the other person having possession of that property

* an estimation of why the person is holding the property

* an asserted value of the property

* and, an asking for recover of the property

The value of the disputed property is determined by multiple means:

* affidavits identifying the property (such as the veternarian who implanted the microchip)

* affidavits supplied by the owner alleging value

* affidavits of other owners/breeders agreeing with the estimated value of the property

Bond is then place with the Court in twice the value of the estimate. This bond assures that should the owner bringing the replevin action not prevail and the rescue seeks damages, those damages could be taken from the bond. However, should the owner prevail, the full bond is returned and the owner can ask the Court to award damages for the improper holding of the property from the person/organization holding the property.

Mr. Cohen also pointed out that the laws in Ohio regarding microchips, while not elevating the microchip to animal registration, DO recognise microchips as a valid technique for recording identification. He drew the comparison of escaped cattle in the West. Each herd is given a unique brand that is known throughout the community and all townspeople will recognize that brand as a legal mark of identification that relates to ownership.

So, too, is the microchip a recognized mark of ownership and with the unique affidavit of the veterinarian who verifies the chip he implanted as recognizing this dog to be Legacies Pipe Dream (Piper) and affirming the individuals who had ownership of that animal, that identification meets the legal test of ownership.

The public statement on the newly restored Central Ohio Sheltie Rescue, Inc. (COSR) website published on the COSR website by COSR’s pro bono attorney, John Bell, states that Piper would be returned upon proof of ownership. That proof has now been provided mutiple times by Ms. Covatch, including an offer to pay for and provide DNA testing of Piper and her Dam, yet Piper still has not been returned!

An argument repeatedly made by Penny Sanderbeck is that because the microchip was not “registered” (a fee paid to the Home Again Provider to include the owner’s name in it’s registry), the microchip was not "official" and, therefore, not legal proof of ownership.

Mr. Cohen pointed out that this is a false argument - register v registry. While it would have been convenient and expedient to be listed with the registries, that is not a requirement to establish ownership. The microchip is a means of identification of Piper and the affidavit of the veterinarian who implanted the chip identified the owners as Veronica Covatch and Michele Wilson (Piper’s co-owner).

The microchip is not the only means of identification, however. Mr. Cohen stated it is a distinctive mark like a brand or tattoo (many European dogs are tattoo’d on the ear and that number recorded), just as thoroughbred race horses are also tattoo’d on the inside of the lip and the tattoo recorded as legal identification. An affidavit of the tattoo artist identifying the dog and the owner is also recognized as proof of ownership.

Mr. Cohen referred to the Ohio State Fair, a large Agricultural event held in Columbus each year where all cows the barns have tattoo marks behind their ear as legal identification (in case one decides to make a break from the grounds, that animal can be returned to the owner by means of identifying that tattoo).

Wild Mustangs also have the freeze brand on their necks before being released by the BLM for adoption. As Mr. Cohen pointed out, there are man ways to identify animals and their owners, not just by microchips - although the microchip is a very effective means to quickly identify and reconnect owners with their lost animals.

The Franklin County Animal Shelter release records show that they DID scan Piper the day after she was brought in (Good Friday of Easter Weekend). The shelter actually called the number associated with the microchip and reached the veterinarian’s office, where the shelter was told that they would retrieve the owner’s name and contact information and would call the shelter back.

The shelter made no further attempt to contact the veterinarian to identify Piper and, instead, released her to Penny Sanderbeck/COSR. The release papers show that microchip number and the related veterinarian phone contact was included on the paperwork turned over to COSR and Penny Sanderbeck. Penny Sanderbeck did not make any attempt to follow up with the veterinarian to obtain those records.

Instead, she refused to return this dog to her rightful owner while making multiple demands, including one demand to take down the original articles written here about this situation before Piper would be released.

NO one at this point understands why Piper has not been returned to Ms. Covatch. Identification and proof of ownership has been offered, Ms. Covatch even offered to pay for a DNA verification that this is her dog (she still has Piper’s Dam).

With the affidavit submitted by Piper’s veterinarian along with his statement of the owners’ names in addition to multiple legal documents, AKC papers, affidavits to show continued ownership by Ms Covatch and Michele Wilson (Piper’s co-owner), why isn’t Penny Sanderbeck returning this dog?

When I spoke with Mr. Cohen, I asked him about the growing concern (expressed in social media on multiple sites besides this one) over the whereabouts and well-being of Piper.

Cohen responded,

“Since she’s had Piper for a while and we don’t know what she’s done and what to believe, our feeling is to bring this to light. Since filings have been made, that should be very helpful as far as protecting Piper.”

So… this is where we are right now.

This case has been filed. The case is awaiting service and for all parties to appear before the Court. We would ALL hope that Penny Sanderbeck as the director of COSR will want to see this issue resolved quickly so that COSR can return to helping dogs that truly NEED rescuing instead of spending time and resources on a dog that already has a loving owner who is willing to go the distance to bring her home!

When I spoke with Mr. Cohen about this, he stated,

“To me, Penny [Sanderbeck] appears to have some confusion as to whether she’s the director of a 501c3 organization or it is just some front for her personal enterprise. Court pleadings allege that and we will be following up on that in Court.” “No matter what the disputes between the people are, the replevin action is filed because the personal disputes have nothing to do with ownership of Piper and whether Piper, as a living, feeling creature, should be restored to the owners with whom she is bonded”

From a simple issue to a crusade - the fight has begun!

This isn’t just Piper’s story any longer - now, the legal battle is in the hands of the court.

And, hopefully, very soon, Piper will come home! Until then, I will keep you all updated on what progress is being made. If you'd like to help, please visit the GoFundMe page, Bring Piper Home. any donation, no matter the size, will help defray what is now becoming a costly legal battle to get this pup back with her family!

UPDATE:

I received the press release because of the interest expressed on this site when the first piper diaries were published. The first diary, you may recall, was temporarily taken down at the request of other Sheltie Rescue orginations trying to mediate the return of Piper during the initial incident. I agreed to remove the post with the caveat that should the negotiations fail, the diary would be republished. It is now back, however, many of the links to COSR no longer work as the original facebook page and website were taken down (a new, scrubbed version is back up with all the orginal comments removed.)

All quoted text from those removed pages are preserved via screen shots at the time the pages were active, so even though the links don’t work, if anyone requests the actual screen shots, I’ll be happy to send them.

There were additional update diaries - “ever had a pup lost or stolen”, "pipers story continues", "when the wisdom of solomon is not enough”, then nothing. Because of the impending legal actions, I wanted to be sure that I had facts, not opinion, to update you all on this disturbing story.

This is the first in this legal saga, but not the last! I will keep you updated as the legal process continues.

And, if you can, go add a bit to the GoFundMe page, Bring Piper Home, listed in the press release. The original goal was $3000 but now that this has been put into the courts, that amount will surely grow. Vernoica Covatch and Michele Wilson should NOT have to pay for this fight alone! This is ALL of our fight - everyone who has and loves a pet. It could happen to any one of us. If we all help out, this will be the beginning to make sure the laws are enforced and strengthened to ensure this never happens again to anyone else!

Now - back to Piper Watch!

(*please note some of the links within the original diaries will not work due to websites and facebook pages being pulled or scrubbed, however, all quoted text is documented by screenshots of those conversations taken before the sites were pulled).

And, yes, this diary is important enough, I actually used capitalization!

Please share this on facebook and any other social media sites - the more eyes on this situation, the safer Piper will be!