Sunday, October 05, 2003

Dear Ellen

We would like to take a few moments of your time to address the letter that was sent to all parties involved with this investigation. There are many items in this letter that distress us, namely it would appear that that Puppy Shoppe are trying to discredit both the Benjes and their allegations.

We feel that Mr. & Ms. Joe/Josephine Public should at least have the opportunity to hear another side, and to at least have some points raised for them to ponder.

Therefore we are taking quotes directly from this letter and we will address them as a neutral party in this situation.

The Puppy Shoppe wrote:
"This company has never changed its name or relocated"

This statement is not exactly true.

Back in 1997 a Puppy Shoppe, opened in the Palmer Ranch shopping center, one of the many names it did business as was Kinder Paws, Yuppy Puppy and the Puppy Shoppe. Kinder Paws was owned by Louis Cebezas along with Janice Lee Cabezas, both of their names appear on a couple of cases that were taken to small claims court in 1997.

Janice Lee Cabezas is the President of a company called Pups Inc, see info below:

CABEZAS, JANICE L
398 JEANNETTE CT
NOKOMIS FL 34275

Along with

CABEZAS, KRISTIAN
398 JEANNETTE CT
NOKOMIS FL 34275

Bahouka Inc, doing business as The Puppy Shoppe & LE May Critters is:

SIMPSON, PEGGY
1509 S DALE MABRY
TAMPA FL 33629

CABEZAS, KRISTIAN
1509 S DALE MABRY
TAMPA FL 33629

It would appear that there is a definite link through the Cabeza's family between each of the stores and the businesses. If they are so innocent why would they hide? If this is NOT the case then show us the proof! In writing!

The original Puppy Shoppe at the Palmer Ranch location, was also taken to civil court by the shopping center itself for an eviction order, case # 1999 CC 015620 NC
Contract & indebtedness case # 2000 CA 014510 NC

As well as two small claims court cases clearly showing up in the court records.

Which brings me to the fact that the 2nd newer location of the Puppy Shoppe on State Road 70 where Sammy was purchased from, is also currently in court in Manatee County with the Creekwood association. We are faxing along with this rebuttal all documents that we could find online pertaining to these items. All of this information was gleaned from public record. It is relatively easy to go online to conduct searches of official documents in the Circuit courts of each county.

Bahuaka Inc also has two small claims cases #2003 SC 014372 SC
And case #2002 SC 013291 NC

The Manatee court records show the following against Bahuaka Inc.

41 2002 SC 001041 BAHUAKA INC , Counter Plntf Small Claims 3/18/2002 Open 2
41 2002 SC 001041 BAHUAKA INC , Defendant Small Claims 3/18/2002 Open

Hillsborough county court records show:

CABEZAS LOUIS * PLAZA AT PALMER RANCH ASSOCIATES 09/11/2002 AFFIDAVIT . 11923 1988 2002309317 . . .
CABEZAS LOUIS * PLAZA AT PALMER RANCH ASSOCIATES 09/11/2002 AFFIDAVIT . 11923 1985 2002309315 . . .
CABEZAS LOUIS * PLAZA AT PALMER RANCH ASSOCIATES 09/11/2002 JUDGMENT . 11923 1986 2002309316 . . .
CABEZAS LOUIS * PLAZA AT PALMER RANCH ASSOCIATES 09/11/2002 JUDGMENT . 11923 1983 2002309314 . . .
CABEZAS LOUIS * TAMPA TRIBUNE 07/17/1997 JUDGMENT . 8640 1940 97183371 .
CABEZAS LOUIS * TRIBUNE CO 06/18/1997 JUDGMENT . 8606 517 97155851 .

Hernando County shows a variety of cases against the Cabezas, in Pinellas County and Pasco County.

Pinellas County Records showed claims going back to one of the original names of the Puppy Shoppe, Yuppy Puppie! As well as cases against Janice Lee and Louis Cabezas.

What does this say about them? What does all this mean? In our mind it shows a consistent pattern of evasive behavior, they change their name frequently, and they hide behind their warranties. In their letter, the owners of the Puppy Shoppe try to paint themselves as upstanding citizens of the area. It seems odd to us then, that they would try to avoid paying their taxes, leases etc…one small claim case is over the non-return of $50 check….why would they not return a $50 check??? Why would they not respond to the repeated requests??

All the cases we found in the searches online show a pattern, one of non-payment, not returning phone calls and generally evading the truth! We also now see some of their latest ads are introducing a new name Sunshine Puppies??? If they are so honest and trustworthy WHY do they feel they need to do business as so many different names, after all a Coke is a Coke is a Coke!! Why do the Cabezas have so many dog-related cases filed against them in so many different FL counties? I don't know why don't you ask them and see what they have to say?

In so many of these cases, as we have stated, the common thread running through them all is a lack of response to letters and phone calls….is that then the reason that they state "….even though we did not receive their bills in a timely manner".

Did in fact the Benje's send their bills, letters etc to them in a timely manner, BUT did the Puppy Shoppe chose to not check their mail, respond to their mail or bother to reply to their mail??? I don't have the answer….but why don't you be the judge!

The Puppy Shoppe also wrote:
"I have enclosed information from the Orthopedic Foundation for animals (sic) in regard to Hip Dyplasia (sic), treatment and percentages of chance. You will notice quickly that this disease is related to EVERY breed just Not this puppy. It is sad that 20.7% of all Golden Retrievers born in the US will suffer with this condition. It is not a problem that can be bred out."

We are glad that the Puppy Shoppe decided to quote from the OFA website
( www.offa.org ). First let's go with the "It is sad that 20.7% of all Golden Retrievers born in the US will suffer with this condition" statement. Absolutely not true. Unfortunately the number is much higher. What is true is that 20.7% of the Goldens who have their hip x-rays submitted to OFA do not clear. Commercial breeders as a rule never submit x-rays of their breeding stock. These are the people that perpetuate the problem by breeding dysplastic dogs. This is also where The Puppy Shop gets most of their puppies.
The Puppy Shop states: "It is not a problem that can be bred out." This is a total fabrication. The incidence of CHD (canine hip dysplasia) is greatly reduced by breeding clear stock to clear stock. One of the objectives of the OFA is "To advise, encourage and establish control programs to lower the incidence of orthopedic and genetic diseases." Also from the OFA website "Hip dysplasia appears to be perpetuated by breeder imposed breeding practices, but when breeders and their breed clubs recognize HD as a problem and establish reduction of HD as a priority, improvement of the hip status can be accomplished without jeopardizing other desirable traits. Prospective buyers should check pedigrees and/or verify health issues with the breeder. If suitable documentation is not available, assume the worst until proven otherwise."
So there you have it, responsible breeders have been able to reduce the incidence of CHD. I don't think you will find too many Goldens at The Puppy Shop whose parents and their grandparents and siblings have been cleared by the OFA.
The Puppy Shop also wrote: "Mr. Benjes lack of care is an act of Animal Cruelty".
Not true. Mr. Benjes has provided Sammy with excellent care. This is all documented. Sammy has not had surgery yet, because the Benjes were advised by the orthopedic specialist in Tampa to use joint supplements and see if there was any improvement. Unfortunately there hasn't been and Golden Retriever Rescue will make sure that Sammy gets the surgery he needs. The Benjes have repeatedly asked for the purchase price of Sammy to be refunded. This they wanted to have returned so that they could donate it to Rescue to help pay for Sammy's surgery. Of course The Puppy Shoppe denied them this, because they want their insurance to pay the remaining monies left on the guaranty.
The only "Animal Cruelty" that we see is that which is perpetuated by The Puppy Shoppe , by buying puppies from commercial breeders whose breeding practices are suspect at best. It's all about making money, isn't it? It really cuts into profits if you have to start clearing your breeding stock. Breeding responsibly isn't cheap. It's too bad the puppies have to suffer because of some farmers' greed. Yes, these people are nothing but puppy farmers. If the Puppy Shop really cared about the puppies as they profess, they would sell nothing but animals from genetically cleared lines. This we would welcome.
The Puppy Shoppe writes: "The State has made agencies to protect the consumer. And TV stations rise to the chance of a good story. But I ask you where does the Company turn when the consumer is unfair? Where are the agencies that help us when in a situation like this?"

We'd like to suggest that they contact their Better Business Department. Oh yeah… we forgot…you have to be a member, in good standing, of the Chamber of Commerce to get help from them. A search of the Chambers records failed to show The Puppy Shoppe as members, is their membership perhaps under another one of their many names???. We did find though that the Better Business Bureau is more than acquainted with them and it was not favorable!
In summary The Puppy Shoppe writes: "The purchaser is obviously angry and trying to be as malicious as possible. The truth does not seem to be a consideration in his plot to destroy this company."
Yes, the Benje's are angry. It's not about the money, it's about the hurt that The Puppy Shoppe inflicted on an unknowing consumer and the choices they were forced to make. As for "the truth" I think we have demonstrated with the above letter and the copies of court files, who is really telling the truth.
Here is "the truth" as we see it. The Benjes asked to have their money refunded and the dog turned over to rescue. The Puppy Shoppe refused unless they were given possession of the dog. This is not an option for the Benje's. They won't send Sammy back to where he came from. After all, think about it folks what will The Puppy Shoppe do with this dog????
Here is the truth that The Puppy Shoppe will never admit to. In our opinion they sell inferior-bred puppies that come from commercial breeders. In a lot of circles these breeders are referred to as puppy mills. This is what they are. They breed dogs for profit and not to better the breed. The Golden Retriever Club of America has a code of ethics that each member must sign. Included in this COE is the statement "Members should not sell dogs at auction, or to brokers or commercial dealers." Hummm? I wonder why since it seems to be The Puppy Shoppe's contention that they are really looking out for the welfare of said animals.

Sammy was bred by Roy and Ethel Arrasmith in Detroit, Texas. DBA as R&E Kennel. Their USDA customer # is 3947. Their Certificate # is 74-A-0662. They are commercial breeders. Do you really think that anyone from The Puppy Shoppe has inspected their kennels, or even looked into the pedigrees of the dogs they are producing? Do they even care as long as the price is right?

We have fostered well over 50 Golden Retrievers between us and even though we know it's "not scientific" the dogs that we personally fostered with the worst health problems and behavioral problems, have been those coming from our local pet shops.

Our hope is that the consumer won't even believe us, but do their own research and come to their own conclusions. The truth is on our side. We just find it bewildering that the average consumer will research buying a $100 item, but can be naive enough to plunk down a $1000 for a living, breathing animal with no research whatsoever. If people would do their homework we wouldn't even be having this conversation. There would be no puppy stores. And that is "the truth"!

Sincerely,
Sally Anne Newman-Rowland
John Pfohler
SW Coordinators for Golden Retriever Rescue of Mid-Florida www.grrmf.org
Proud members in good standing of:
Golden Retriever Club of America www.grca.org
Mid-Florida Golden Retriever Club www.mfgrc.org