Saturday, June 15, 2013

Life

Life is hard, life is unfair, but life can be turned around with the decisions we make. Nothing is a set point. Recently we made a post about DP, well unfortunately we have people who like to make new accounts just to message us under aliases and try to tell us, what the law is. Reminder to those who don't know we do have a lawyer member on our team along with a college professor, but since this happened, and since she or it likes to call people pawns or spades. 

We think you should realize one thing, do not message us again, do not even contact us, you have made it clear you support Diana, and those around her. And we are making this clear to you, your message has been sent to the authority in florida, along with a link to said account that has made that message. This account being made on Wednesday, only says one thing, you're hiding.

We said nothing wrong, nor were we untruthful. Facts are facts,

Fact 1:
Complaints, statements, letters and so forth shared between lawyers and clients are not permitted on a public forum or it will jeopardize the case before it even starts. It is also considered harassment for that said client to post up an ADDRESS of the defendant. Want me to go on?

Fact 2:
you cannot sue people out of your state, unless they step foot in your state and is served with said papers. They can receive mail from the lawyer asking for them to come to the state and the lawyer will make a statement as nothing can be done unless you are in the said state.


Addition to this issue:
Small claims courts are local. This makes sense, because the dollar amounts involved aren't large enough to justify people traveling great distances to go to court. A small claims court judicial district is the same as a county. The next county will have its own similar, but separate, small claims court. Normally, your dispute will be with a person or business located nearby. If so, all you really need to know is that you can sue in the county in which the defendant lives or, if a business is involved, where its main place of business is located.

Occasionally, however, the person or business you want to sue resides at a considerable distance from where you live. How you should proceed in this situation depends primarily on whether the defendant is located in your state or a different state. Here are the rules for suing out-of-state defendants in small claims court.
Individuals

The basic rule is that state courts–including small claims courts–only have the power (lawyers call this jurisdiction) to hear cases involving individuals who live in or are present in the state. If you want to sue someone who lives in another state and doesn't travel to your state, you will have to sue in the state where the person lives, not in the state where you live. Often you can file papers by mail, but normally you'll need to show up in person on court day. (Some states allow people on active duty in the military and occasionally others to present their case entirely in writing.)
There are, however, circumstances under which you can use your state's small claims court to sue an out-of-state resident:
Out-of-state residents can successfully be sued in-state if you manage to serve them with court papers while they're physically within your state's borders and if the dispute arose in your state. For example, you live in Florida and a nonresident injures you or damages your property while he or she is in Florida, or a contract with a nonresident was negotiated, performed, or violated in Florida. 
A nonresident who has a vehicle accident in your state may be sued in your state's small claims court no matter where that person lives. Similarly, a nonresident owner of a vehicle may be sued no matter where the person lives if his or her car was being driven in your state by another person and was involved in an accident. Contact your small claims court clerk for details.
The out-of-state owner of real property (including owners of apartments and other rental housing) located in your state may be sued here on claims relating to that property.

Businesses
When it comes to suing a business in small claims court, you may sue any business that is organized (incorporated or established as an LLC) in your state.
In addition, you may bring suit against any business–whether incorporated or not–if one of the following conditions is true:
the business was responsible for injuring you or damaging your property in your state and you can find a way to serve your court papers on the business in your state
the business breaches a contract with you that was negotiated or was to be performed in your state and you can find a way to serve your court papers on the business in your state the business has an office, warehouse, retail establishment, restaurant, or other physical facility here, even if that business is headquartered or organized elsewhere, or the business does regular business in your state by selling products or services, employing a sales rep who calls on you personally or by phone to solicit business, sending you a catalog to solicit your business, or placing advertising in your state's media.

The short story about suing out-of-state businesses. What it comes down to is that most large national businesses can be sued in any state, but smaller businesses that are headquartered in another state, do no business in your state, and have no physical presence in your state can be sued only in the states where they operate.

Example 1: While on vacation in Florida, you slip and fall in the ticket office of a small locally owned commuter airline that operates only in Florida. When you return home to Maine, you file suit against the airline for your injuries in small claims court. The judge will toss out your case, because Maine courts do not have the power (jurisdiction) to hear a case involving a defendant that doesn't operate, advertise, or solicit business in Maine. The only place you can sue the little airline is in Florida.

Example 2: You're at home in Maine and planning your vacation to Florida, and you slip and fall in the ticket office of a national airline that has its headquarters in Florida. This time, you can sue the airline for your injuries in small claims court. The fact that the airline does business in Maine gives this state's courts the power to hear your case, even though the airline has its headquarters elsewhere.

Example 3: You own a small graphic design company in Maine and negotiate a contract over the phone and via email with a clothing designer in New York to design business cards and signs for a new store that the clothing designer plans to open in Maine. You complete the work on time but the designer refuses to pay you. Can you sue the designer in Maine's small claims court? Yes. It's arguable whether the contract was negotiated in Maine, but it's a fact that you performed the work in Maine. Thus, you can sue the designer in Maine small claims court if you can serve your court papers on the designer within Maine's borders. - by: Ralph Warner

So basically someone would have to obtain our names, addresses and location. Just saying Since someone want's to get technical. Did I miss anything yet, K?

Fact 3:
Libel, civil and or defamation, would mean that she would have to be a legit registered Rescue/organization, along with no proof to back anything up of what people have been stating. However since there is proof, it is not libelous, civil or defamation.


Fact 4:
That previous post was calling out DP, obviously it got her attention since she either sent her henchmen or created a false account.. (like always) Oh we won't divulge this account like we stated to you, YET. Only those involved have been privy to that information.


Fact 5: Posing in pictures with friends alongside dogs that you own, does not make it an adoption event.. What it does make is, someone trying to move their dogs so evidence won't be there. Congratulations on being a dog flipper.

Call us a spade, or pawn, it really doesn't matter it's all trivial, when it comes to you and her.


The facts are there, people are just blind, Dp has been lying for years to everyone in public. And the reason people keep believing what she states, is because of the posts she makes on her page. It pulls at heartstrings and gets people to donate, truly is amazing how many people actually have listened to her.

Pretty much Lying in plain site, yet no one see's the gory details. I won't go on with this, I am going to move past this and onto another fact.

Fact- is everyone should investigate before they donate, it's not that difficult to do. Use Bing, Google, or even look them up with the IRS and the better business bureau. Along with the Department of Agriculture.

If you ask for the EIN number and you become banned then that is a serious red flag. Any legit rescue would be more than willing to show you that information along with VET information. And they will do it in public. 

DP has blocked and banned people for asking those questions and yet, people think we are just a bunch of haters. No, we are not we are those who have been trying to get the truth of what has been happening with the DRDR page for quite some time.

And we always say, do your research, think for yourselves, but apparently that is never clear enough.

So until this lawsuit, small court issue is over. we think it would be best if all parties involved did not have contact with each other or even attempt to harass one another.
You think you could agree to that Mrs. P? Don't even make statements about Sherri, Joe or Darcy on your page and we won't retaliate... Can you agree to that?

Quite frankly we are all tired of this, and would like nothing more than to move past this whole situation and have everything COME CLEAN.


That being said, we will back off for now and move on to where there are other concerns, such as craigslist, and abuse issues.


*Edit*
We were told Dp doesn't have a lawyer, and it is not small claims, but federal.

Since it is "Federal" she can sue out of state unfortunately. Also Since no lawyer was obtained, and this went through other channels. She is allowed to share what she wishes on her site. Truly is a shame.

Still we are backing off at this point until everything is said and done, we know the truth, of what has been happening. And thank you for telling us that this is Federal without representation of a lawyer/attorney.

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