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Report: #1338989

Complaint Review: Kimberly Orange Lay - Lebanon Kentucky

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  • Reported By: Dog Lover — Taken by a Scammer Arkansas USA
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  • Kimberly Orange Lay 185 Kelch Lane Lebanon, Kentucky USA

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Summary of information which can be validated with Facebook messages:

Early December 2015 Defendant had a friend wanting to sell a gold female yorkie (Nutmeg "Meg") which was AKC registered for a settled price of $1200. At that point Defendant indicated the friend might consider me if Meg was staying forever. Plaintiff noted she was planning on keeping Meg but it depended on the money.  This amount was paid with a receipt from Paypal. Defendant noted Meg's offspring were selling for $1850 each. Defendant continued to indicate she could not get the papers at the moment but was going to get them as soon as possible and send them to me – by Christmas.  The conversations continued between the Plaintiff and Defendant about receiving the paper work. The Defendant stated she produced Meg and knew her sire and dam. Plaintiff continued to purchase dogs from the Defendant. In February Meg was bred and, although Plaintiff had tried to sell Meg back to the Defendant, she did not have the funds for the transaction. The Plaintiff told the Defendant she was keeping Meg and needed the paperwork. The Defendant would not provide the name of the official/registered owner so the Plaintiff could contact her about the paperwork. The conversations continued until Plaintiff was going to sell Meg due to illness and the need for money, but then the Defendant stated she was not going to provide the papers because the Plaintiff had promised to keep Meg forever, and the Defendant didn't want her to go to another breeder.  Plaintiff has never received either the AKC paperwork or the name of the dam and sire so Meg could be registered and her two pups could have been registered.  This cost me approximately $800 due to not selling with registration paperwork. 

           

Coercion and harassment:

Facts about returning Meg, Biewer yorkie (Cara) pregnant, Brindle colored AKC Miniature Poodle (Jolie) and puppies, Parti-colored yorkie (Barbie)

At one time I agree to sell the Defendant the dogs but she did not have the money.  Then Defendant started to become what I perceived as belligerent.  At this time Defendant had another one of my females, Coco Chanel, who had been transported to the Defendants home for breeding purposes.  Plaintiff was ill and trying to focus on new drug therapies while being stressed with the harassment from the Defendant, but also fearful Coco Chanel might not be returned or returned in an unsuitable condition (which was the case).   

After continuing to request the paperwork for Meg, Defendant continued to harass me. After repeated request to take a picture of Coco Chanel, even with a camera phone, to ensure she was safe and actually still with the Defendant she took a blurry picture and sent it to me. At the same time Defendant was belligerent and outspoken about the Plaintiffs need to see Coco Chanel.  After all of this I could not take any more of her harassment and I felt coerced to make up an agreement so she would leave me alone. Plaintiff developed a contract out of harassment and coercion which stated:

            We will consider this then a binding contract: Elaine Townsley will return the dogs            known as Meg, Barbie, Cara, and Jolee with her puppies for the sum of $1500 to be paid        by August 29, 2016. In return Kimberly Orange-Lay agrees to pay for the transportation   of Meg, Barbie, Cara, and Jolee and her puppies to your home, and will pay for the             transportation to return Coco to the home of Elaine Townsley. 

Defendant agreed on this contract. Plaintiff would never have written this out except for being ill and the Defendant's continual show of coercion and harassment causing the Plaintiff mental and emotional distress.

All dogs were to be transported to the Defendants home on June 14, 2016 with the exception of Meg. On June 13, 2016 something got into the Plaintiffs' fenced-in backyard and attacked Meg. Meg received emergency care and treatment along with continued follow-up treatment for many wounds, possible rabies, etc.   The vet can provide a statement on Meg's medical condition if needed.  Cara a Biewer yorkie (pregnant with 3-5 puppies), Jolie a poodle with five yorkiepoo pups, and Barbie transported to Defendants' home June 14, 2016.  There has been no exchange of money as stated in the coerced contract.  

I still have not received the registration paperwork for Meg but I would like to have them at all possible so I can register her and her puppies.  

This report was posted on Ripoff Report on 11/19/2016 08:09 PM and is a permanent record located here: https://www.ripoffreport.com/reports/kimberly-orange-lay/lebanon-kentucky-40033/kimberly-orange-lay-misrepresentation-and-fraud-lebanon-kentucky-1338989. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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Updates & Rebuttals

REBUTTALS & REPLIES:
3Author
0Consumer
2Employee/Owner

#5 Author of original report

Additional Information

AUTHOR: - ()

POSTED: Tuesday, February 21, 2017

As new information comes in to me from friends of Ms. Lay I will be posting.  The information will be about the dogs she sold me, I gave back, and she never paid for them, and then she lied in these reports about the puppies from the females dying.  That is not was a professional breeder does - but thank goodness - friends of Ms. Lay are also sick of her misrepresenting herself as a professional and as a breeder.  I will be providing pictures from multiple sales sites where she is selling the puppies she indicated died at birth in this report.  More and more information is coming to me and until she stops breeding and selling and flipping dogs and puppies more and more people are going to continue to send myself and the Attorney General information about her.  This time I am attaching a few of the pictures I have, and are going to the Attorney Generals office about the puppies she indicated and misrepresented in this report - she said they died - but she is selling them on multiple FB dog sites.  I will continue to report her misrepresentations as they are provided to me.  

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#4 Author of original report

Final Rebuttal to Ms. Lay

AUTHOR: - ()

POSTED: Monday, February 13, 2017

I will not get to the level of Ms. Lay in challenging and displaying such inappropriate and unprofessional behaviors and tactics in these writings.  Ms. Lay has tried everything, except challenging me in a court to try and obtain the female yorkie named Meg.  The simple truth to the entire matter is we can continue to go back and forth and nothing will be solved.  

This is simple contractural law - offer, acceptance, exchange of money.  I made an offer to purchase Meg and AKC registered female yorkie with the promise of the papers being sent to me for months, Kimberly accepted the offer, I paid for Meg and I never received the papers.  That is contractural law whether Ms. Lay is aware of that or not.  

For the puppies Meg had several months ago - Meg is AKC registered, the male she mated with is AKC registered - the dam and sire are AKC registered but the puppies are not and will not be registered.  Ms. Lay's friend contacted me about the puppies and I did tell her they were registered and I shouldn't have.  In fact there were three people I told that to knowing their association in the past with Ms. Lay.  It did not take long to get the message about the registration back to Ms. Lay. It worked and maybe that was cruel, but this entire situation has been cruel.  Again, the the ad does not state the puppies are registered - I only let that out to three different people who I knew had some ties to Ms. Lay.  It is now a moot point - the puppies were rehomed to loving families including one 11 year old girl undergoing chemotherapy for a rare testosterone type ovarian cancer.  Love for these babies have no boundaries.  

Again, if Ms. Lay thought she had some type of legal standing she would have pursued it - but she has not.  She did breach contractural law with the initial purchase of Meg.  She doesn't deny that - she contacted me about buying Meg and told me her fee/price. I agree and paid the fee/price. Meg was provided to me through a transporter. Again - offer, acceptance, and an exchange of money.  

I have possession of Meg. I have never received the AKC registration paperwork and I know I never will.   I don't need the paperwork.  Meg is in her home and she is staying here.  

Did I breach the second contract?  The contract was not fulfilled because I never received the funds for the other dogs and without an exchange of money the contract was never fulfilled.   That contract is now null and void.  

I wish you and your family the best Ms. Lay.  I know you have had a hard time recently and that is something no one should go through.  Bless you and your family and I wish you the best in all you do in the future.  

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#3 REBUTTAL Owner of company

Round 2 of Elaine Townsley

AUTHOR: Kimberly Lay - (USA)

POSTED: Sunday, February 12, 2017

 If Mrs. Townsley would like to continue such immaturity spreading lies? Let she and I fight it out in court. My attorney just won the case against the lady Elaine mentioned. It was UNFOUNDED! Public Record for anyone to view. I have a Tax ID # and report earnings from my dogs since 2009! My CPA files on my dogs each tax year. I wonder if Mrs. Townsley files taxes on her dealings? Doubtful! I have the ad screenshots where Mrs. Townsley was advertising Megs litter as AKC. BRING IT ON ELAINE!

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#2 Author of original report

K Lay needs to make an excuse for everything

AUTHOR: - ()

POSTED: Thursday, January 12, 2017

As a lover of my babies I expected Ms. Lay to file a rebuttal and I am glad she did.  After her being in a court room this week in her home town with another person she has conveyed fraud on with a dog and registration papers and more to come I will answer this rebuttal in factual information.  

Per our agreement I never promised to give Nutmeg ("Meg") a forever home and that is well documented in our messages along with the paperwork provided to my personal attorney who does reside in her home town.  There was no contingency for buying Meg except she would provide the AKC paperwork as soon as she received it.  We had a contractual agreement of an offer, acceptance, and an exchange of money.  All of that was fulfilled by me, but Ms. Lay failed to comply with the agreement and provide me with the paperwork.  

I did not return all of the dogs I have purchased from Ms. Lay back to her.  I did return three, as stated in my message.  Fortunately all of the dogs had been to the vet prior to transporting them back to Ms. Lays home.  Cara had vet care twice during her pregnancy and nothing was found wrong with her or the puppies.  Cara was pregnant of the correct weight, there is documentation of her receiving vet care several days before going to Ms. Lays home.  If Cara was "scrawny" then it must have occurred while under the care of Ms. Lay.  

Barbie was scared when I got her but she was happy to be up in my lap almost all the time.  She was shy, from the beginning around others, but she always sought comfort from me.  

Jolie was sent to her house with five healthy puppies that were a week old per our agreement. They had been to the vet two days before the transport and were healthy.  Jolie was treated during her pregnancy monthly and the puppies were due their worming medicine when they were two weeks old.  If the puppies had worms while under the control of Ms. Lay then the puppies did not receive the proper worming medicine. 

As I indicated I did leave Meg alone in a small fenced in backyard and something did attack her.  I do feel bad about it but I'm not negligent in providing a safe environment for my babies just as anyone that has had a dog attacked while under their control or kidnapped while in their own yard.  It's an unfortunate accident and fortunately this incident was brought to the attention of multiple yorkie breeder groups and the local animal control people.  Since that time traps have been placed in this suburban area and multiple wild and ferral animals have been trapped.  Ms. Lay did contact my vet and the vet attempted multiple times to contact her which is documented in Meg's medical record without success. She would never answer her phone according to the vet.  I tried to submit the vet bills for Ms. Lays review to show the care and treatment she was receiving but she blocked any messages from me - but I was able to send the information to the transporter who is Ms. Lays personal friend. She did not only see the bills from the date of the incident but she actually saw Meg the day after the attack in my home.  Meg's had a litter of two in May 2016.  Her puppies were a were not quite a month old when she was attacked in June and her wounds were healed and the vet released her to breed in October.  She had a litter in December.  I have nothing to hide because the babies are all over the internet.  As Ms. Lay indicated Meg is AKC registered.  I am not offering the babies with papers only that the dam and sire are AKC.  Meg and the sire are both AKC registered.  

It is not that AKC is not providing me the AKC registration papers for Meg.  According to the letter from AKC Ms. Lay refused to provide them with the name of the dam and sire so they could issue me the correct papers.  Unfortunately AKC could not force Ms. Lay to give them that information although she had the dam and sire and birthed Meg.  My attorney also has this paperwork but I decided it was too costly to go forward, at this time, with a lawsuit against her although the case would have coincided with the case she was in this week due to another person suing her over another false contractual agreement when someone purchased a puppy. Plus, I don't need the paperwork for Meg. She is a happy and healthy female yorkie that under counsel is living with me and is not being rehomed to Ms. Lay.

Ms. Lay has her own problems with the court system and other breeders at this time. You have to make up your own mind about believing, as I did, in Ms. Lay as a responsible breeder and business person.  I did and I have many dogs I have purchased from her giving her thousands of dollars, and hopefully she has financial records for these incase she is audited by the IRS.  I'm sure between the court system, other breeders, the Attorney Generals office in her state, the county people dealing with animal cases, and even the publicity she is getting on Facebook and other social media with her business dealings and not being reputable - she has more to deal with that not giving me the AKC paperwork for one female yorkie.  

 

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#1 REBUTTAL Individual responds

Contract Broken

AUTHOR: Kimberly Lay - (USA)

POSTED: Thursday, January 12, 2017

 Elaine Townsley broke our agreement of giving Meg a forever home. That was the contingency of her buying Meg. All dogs were returned to me due to Mrs. Townsley stating she could not longer care for her dogs duemail to cancer. Therefore was selling all the above stated females in BULK to a breeder in Wisconsin. Absolutely not! I received all females back except Meg. Meg was left unattended for some time in Elaine's backyard alone! Meg fought for her life due to Mrs. Townsley'so negligence! Lied about taking her to thexceptional Vet for treatment. I begged for the Vets information and never received it. Within less than a year Meg has had 2 litters. One right after healing from her injuries. Elaine is currently advertising the litter as AKC. Elaine is the liar here not I. She will NEVER get Megs papers! I offered to give $400 of the $1200 paid for Meg. Elaine refused. I obtained 3 females back in poor shape. Jolie had 5 puppies at 5 days old transported to me full of hookworms. Two of those puppies died a HORRID death! Cara had 7 puppies and only 6 lived. Cara was so scrawny. Barbie was scared and so happy to see me! My courier can attest to the love for my dogs. She no longer transports for Elaine due to her lying and the bad blood between us. Elaine broke the deal between us. Even AKC would not help her obtain papers on Meg! I have the email to prove it. So Elaine take your liesite somewhere else!

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