What are my girls physical flaws and strengths - Page 9

.   2.      “Slamdunc” wrote,” I also remember an ad in Newsday's classified about a class action law suit against Frank and the poor dysplastic puppies he was selling. “ 

“Paranshep” in countering such an outlandish “memory recall” It just so happens I have a copy of that ad cut from the newspaper date and all.  It was in the personal section.  It reads,”Have you purchased a Shepherd dog from a Suffolk county breeder & are experiencing problems?   If so, call me. Evenings. Xxx-xxx-xxxx”.   The small x’ refer to the phone number in the newspaper.    Simple question, does anybody reading this see the name of the breeder?  Was there any mention of the ad seeking a “class action law suit” or the words “dysplastic puppies”?  I count three very obvious and intentional lies.  It appears “Slamdunc” has a little too much general knowledge of “Frank” but fails to give any real verifiable facts.  I don’t know about the rest of you readers, but its obvious you don’t like Frank.  But then when he reads this, I’m sure he won’t like you either.<EG>

3.      Slamdunc writes,” This can't be the same "Frank" as 4 pack points out?  Although the website is the same. 

  “Paranshep”, writes, “To my knowledge, “Frank” didn’t have a website when this case came up,.  He clearly states on his website that he formed Phoenix in 2000. The judge clearly states what his “dba name was "Tate's Shepherds" in her written decision.   Your credibility is becoming less and less believable. 

4.      Slamdunc next writes,” I was really unhappy when I heard he got into German GSD's.   He was a  blight on the American GSD for years.  I can only hope he has little or no impact on German line GSD's. 

“Paranshep, queries at such an obvious biased remark based on more rhetoric and little facts of substance.  Why worry, if you’re an American Shepherd breeder?  If “Frank”, was such a blight, the AKC would have never risked making him a judge nor would he still have his license.  His successes with his German dogs in the German, Austrian, American and Canadian show rings are easily provable.  More importantly, the German dogs he has imported have all been x-rayed before they were Sch titled and brought to this country.

  This might be a good time to point out the case being discussed was in regards to FIVE(5) dogs with claimed hip dysplasia.  CLASS ACTION????? HAH!  “Frank’s” only guilt was he does not guarantee dogs hips and that pisses off small breeders forced to do so.  He didn’t guarantee hips then and as far as I know, still doesn’t do so now. The opening paragraph of the judge’s decision as posted in the “NYLJ”(which sits before me on my desk as a I write for accuracy, stated,  “These are joint de novo trials of five cases (please denote in the judges own words this was not a class action suit) brought by the purchasers of German shepherd dogs to recover damages from the same seller, Tate’s Shepherds.  The dogs were purchased during a period ranging from October, 1993 to December 1996 and in all of the cases it is claimed at the time of sale the defendants knew or should have known that the dogs had numerous physical defects. 

The dogs were purchased during a period ranging from October, 1993 to December 1996 and in all of the cases it is claimed at the time of sale the defendants knew or should have known that the dogs had numerous physical defects.  Now, for the life of me I cannot resist pointing this out to you.   Five dogs with dysplasia, sold from the years 1993, 1994, 1995 and 1996.  Five dysplastic dogs sold in 4 years!  I doubt many of us can make that positively provable legal claim.  More importantly, the “Tate’s” admitted in court to breeding 300 puppies in a 6 year period.  Not bad for someone that’s been called a puppy mill.  In all five instances, the judge stated, ”The Tate’s offered to replace the dogs.”  The owners in each case admitted they did.  Anyone here beginning to smell a kangaroo court?  Oh. Something else of interest, the prime expert witness, Dr. Fred Fernich had been sued several years earlier by Frank for malpractice.  What kind of valid unbiased testimony was that worth?  Last but not least, “Frank” didn’t lose because he was nasty and mean, he failed to remove the” Implied warranty of merchantability" on each of his contracts.  The judge wrote in each case though he didn’t guarantee any of his dogs, she was going to invoke that little known law.

5. “Slamdunc”, you do keep trying, “Funny, I remember a banner on the Long Island Expressway warning people against buying a GSD from Frank” 

Paranshep counters, HAHAHAHA NO QUESTION ABOUT IT,  Ronnie Burmer, decided he was going to sue Frank over his “dysplastic dog”.   He posted them himself and was caught and photographed by Frank.  This was before Ronnies trial by Jury that he  lost 6-0.  For those that don’t understand a trial by jury in a civil court, there are only 6 jurors.  You need four jurors to agree with you to win, not one juror believed him!  He attempted to supply to the courts x-rays of a dysplastic dog, but there was no identification they were of his dog.  Worse, the  “expert witness” was a veterinarian out of work that didn’t even take the x-rays.  Jury had a hard time swallowing their lies.  That and the fact that both his dogs parents had been certified.

Frank could have had him arrested for falsifying evidence.  He was soft back then, I think he’d do anything he could to hurt anyone else trying the same thing now.  Frank realized that most lawyers are useless and acted in his own behalf in Byrmers case.

6 However, you left one case out that I’m aware of, another woman appeared out of the woodwork and decided to sue him.  Again, please note, none of these fools even bothered to have their x-rays scratched and identified.  The woman was a bank manager.  Her case was assigned to the same judge that screwed Frank in the first trial and he knew that some how he needed a way to have her taken off the case.  First he found a small state law and a giant federal law and then filed a motion that Judge Kahn recuse (excuse) herself from ever judging a case of his again.  Why?  She wrote this very biased statement.  “Taken as a whole, their(the Tate’s testimony was evasive, vague and unworthy of belief.”  I asked Frank to fax me a copy of the recusal and referral order, I assume its still on the court records,”CESC 6028/99”  I laughed like hell, me, I’d have been afraid, but the judge knew the law and knew her had her by the short hairs.  Had she tried his case and he lost again, he wouild have had grounds for removing her from the bench!  Oh, the woman after appearing several times in court gave up when she couldn’t get her judge.  He won that one by default.

7.      Now these are the written and published facts of that case and a few more you didn’t have.  Considering that my statements were twisted out of context and worse, ignored when I asked each of you what your accomplishments were regarding dogs.  I received no responses back.  I don’t wish to assume anything, but it does appear that anyone accomplishing anything in dogs would be proud and not ashamed to do so.

   Knowledge is power and not subject to Slander or Libel!

 As for Blitzen’s last commentar,

I will never apologize to anyone for my honest comments.  This is a public forum and if anyone asks for the truth, they should learn to accept it.  You want me to assume you and those like you are my “peer” group.  Webster defines peer group as “equals, age group, social group, one’s peers”.  The word equal,” match, meet, rank with, be the same as”.  I could drop dead tomorrow and you’d never attain half my accomplishments.  Ninety percent of the people on this forum bought their dog from someone else and then hopefully titled it.  Nothing I ever wrote required any of you to accomplish more than indicate your dogs had a “G” rating as your SV dogs are required to have some sort of title in front of their names the same as mine.  What I have written is provable facts, anyone claiming other wise is a liar.  Anyone wishing proof of my documents can research them yourselves.

http://www.phoenixgsd.org/guestbook.html

Are you still going to pretend not to be Phoenix GSD's? After reading this above link page to the bottom, any idiot would have to put 2 and 2 together. Hows it hangin' Frank? You sure like to talk law don't you? Anyone posting 10 times in a row is really making an effort. If we are beneath you, why bother?

Yawn...........popcorn, anyone? Me thinks this man doth protest waaaay too much. Things must be slow on the Island this week.

_-incoming-_  <^> ONLY in AMERICA   !!!!!!  Dreaming in red, white and blue ...  doesn't anyone think Putin is YXES ? Darn no wonder we were supposed to hate the Russians growing up. DUH !! LMAO Seriously, Putin is a good and smart man.   Yooo Blitzen ... wezzzzz in the keystoone state ya know.... arn't you so proud !!!!   Yeeeehawwwwwwww !!!! Down wida @eeN.  http://www.youtube.com/watch?v=SIHYs6x7lPs

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