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Archive for July, 2013

Maryann Tobin’s daughter just recently got kicked out of a FB group for publically bashing the DERR. The very next day, Maryann Tobin wrote this article against the DERR.

“Domino Effect ranch loses court case over horse adoption contract, alleged fraud” Author: Maryann Tobin

http://www.examiner.com/article/domino-effect-ranch-loses-court-case-over-horse-adoption-contract-alleged-fraud

We did, indeed go to court several months back and we did loose the case to Francine Puleo, but Maryann Tobin has fabricated this article to influence the public to believe we lost a court case due to misrepresentation or fraud, which is an absolute lie.

This is Maryann Tobin’s article that she wrote below. For the record, I have written the truth in bold in between the paragraphs.

A Charlotte County judge has ruled against Domino Effect Ranch in Weeki Wachee, Fla. The civil case that began in 2012, involved alleged fraud, and misrepresentation by Domino Effect Ranch owner Robert Ashcraft and the company’s horse adoption contract.

First of all, we were NEVER brought to court for fraud or misrepresentation. We were brought to court because Francine Puleo felt that we owed her $250.00 for an adoption that she later refused. She NEVER READ OR SIGNED our adoption contract, so this court case had NOTHING to do with our adoption contract. In fact, the only reason we lost the case to Francine Puleo was because she had NEVER signed the adoption contract and wanted a refund. Had she signed the adoption contract, she wouldn’t have been entitled to a refund because adoption fee is NOT a sale, but yet is a donation to the rescue that is NONREFUNDABLE!!!

This is the actual facts with documentation of what took place in the Francine Puleo case with the actual documentation from day 1.

https://dominoeffectexaminer.wordpress.com/2012/11/07/update-on-the-francine-puleo-complaint-complete-with-e-mails-doa-response/

Customers who adopt horses from Domino Effect ranch in Weeki Wachee, Fla., are required to sign a contract before buying a horse from the farm.

First of all, Maryann Tobin refuses to ever state that we are a “rescue” and we do NOT SELL horses, we adopt horses.

Everyone is required to sign a 2-year adoption contract before adopting an equine from our facility. This adoption contract protects the horses while in the adopter’s care to insure that the equine will be well taken care of.

Some of the contract restrictions include:
•Customers/adopters are not allowed to have a horse examined by their own veterinarian prior to adoption. Only Ashcraft’s veterinarian is allowed to do exams, which the customer must pay for.

There is ABSOLUTELY NO PLACE FOUND ANYWHERE that states that adopters are not allowed to have a horse examined by their own veterinarian prior to adoption. This is an ABSOLUTE LIE stated by Maryann Tobin to influence the public against adopting from the DERR. We welcome adopters to provide a veterinarian exam by their own veterinarian before adopting an equine.

•All horses adopted or sold by Domino Effect ranch must be transported for an additional fee by RDA Equine Services, which is owned by Ashcraft.

YES, ALL equine that are adopted by DERR are transported by RDA Equine Services/DERR, which is owned by Dinelle Ashcraft with the additional fee of fuel cost to deliver the equine to their new home.

We feel this is a necessary step to deliver equine to their new home to insure that the equine is going to a safe environment and to document the address in which the equine is being delivered to. We only charge the additional fuel cost to deliver.

•Customers/adopters are not allowed to relocate with their adopted horse for 2 years without the knowledge and permission of Ashcraft.

YES, All adopters are to notify us if or when they move the equine to a new address while they are under the 2-year adoption contract. We do periodic checkups and must have on file a current address to where the equine is located.

•Customers/adopters may have their property photographed and be subjected to surveillance by Ashcraft.

Adopters are NEVER SUBJECTED to surveillance by us. We do state in our contract that we do document each adoption by taking pictures of the equine’s new home. These pictures are posted on Facebook as documentation to where the equine was relocated to. We feel this is an asset to giving closure to previous owners who loved and had an attachment to the equine and for those who visited or formed a bond with the equine while here at the DERR. The pictures are taken one time upon arrival.

However, the Domino Effect ranch contract did not hold up when challenged in a Charlotte County courtroom in 2013.

The contract that Maryann Tobin uses in this article that she feels is documented proof to her article is NOT even relevant to the Puleos. This adoption contract belongs to a separate adopter and was merely used in court by myself, Dinelle Ashcraft, as evidence stating that our adopters sign a signed contract when adopting equine from DERR. We did NOT have a signed contract from the Puleos because Francine Puleo made a verbal agreement over the phone to adopt an equine from us without ever appearing at the DERR to sign a contract or pay an adoption fee. She made a wire transfer through Western Union to Walmart for the amount of the adoption fee and then the equine was delivered. She denied the adoption one hour before delivery, therefore, we NEVER had a signed contract.

Case details

The legal battle in Domino Effect Rescue v. Puleo, began in September 2012, when Consumer Complaint number 133885 was filed against the ranch with the Florida Department of Agriculture and Consumer Services, case number 1209-37894.

Ranch owner Robert Ashcraft sold two horses, and according to the complaint, would only accept the $500 payment by wire transfer directly into his bank account.

The Puleos refused to make a trip to the DERR to finalize the adoption. They were then offered an alternative method to paying the adoption fee. They were told that if they couldn’t make the trip to see us, they could make the adoption fee through Western Union at Walmart.

When questioned by Puleo about the unusual payment method, Ashcraft “assured” the buyers he was trustworthy because he was a “Christian-based horse rescue.”

NO ONE ever mentioned that their payment was secure just because of our Christian beliefs. They were told that if they wanted to adopt a horse, but refused to arrive in person to take care of the paperwork and adoption fee that they MUST wire the money before we would load the equine onto the trailer and deliver the equine 300 miles away.

But after Ashcraft got the money, he did not deliver the horses as promised.

He did deliver both horses just as promised the very next day.

According to the official complaint, Ashcraft “misrepresented” the health of the horses, delivering one with extensive cuts and “bleeding” wounds.

There were 2 separate adoptions made through the Puleos, one to her friend and one to her, which she refused before it was finalized with the paperwork.

The one horse was delivered to her friend. On my blog you will see a picture of the equine that was delivered on arrival with 1 single, healing cut on his side.

https://dominoeffectexaminer.wordpress.com/2012/11/07/update-on-the-francine-puleo-complaint-complete-with-e-mails-doa-response/

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The other horse that was represented and sold as a gelding was actually a “stallion.”

The equine that Francine Puleo agreed to adopt was told to her that it was a stallion. She was also told that NO horses were adopted from the DERR as stallions. She did NOT want to wait for him to be gelded here at the DERR, but she argued that she could have her vet geld the equine upon arrival. We compromised our policy to accommodate Francine Puleo and delivered the equine as promised.

Francine Puleo knew that the equine was a stallion because every advertisement that she saw for this equine the equine was labeled as a stallion.

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Ashcraft took back the horses but refused to return the adoption fee, stating he had spent the money on repairs for his truck, according to statements published on the Domino Effect Ranch Examining website.

This is an ABSOLUTE lie. She was told that due to expenses before the trip that we didn’t have the funds available to return immediately. I, Dinelle Ashcraft, sent her an email and told her that when the horse that she refused to adopt was later adopted, I would then return her adoption fee.

Proof of this can be found in emails here on this blog below:

https://dominoeffectexaminer.wordpress.com/2012/11/07/update-on-the-francine-puleo-complaint-complete-with-e-mails-doa-response/

Documents can also be found at the link below showing where we sent her a money order certified mail paying her $250 out of the $500 owed, with a balance still owed to her for $250. The only reason the Puleos were NOT paid in full was because they filed a report against us with DOA and also posted out lies against the DERR on Scambook and Ripoff report, even after we had paid them $250. After I saw this, I refused to pay them another dime until they removed these lies off the Internet.

https://dominoeffectexaminer.wordpress.com/2012/11/07/update-on-the-francine-puleo-complaint-complete-with-e-mails-doa-response/

Court documents show that Puleo and Domino Effect Rescue scheduled testimony from 3 witnesses on February 6, 2013.

The court ruled against Domino Effect ranch on March 21, 2013, and ordered Ashcraft to pay $391.40 in damages and fees.

Regardless of the Puleos slanderous remarks against the DERR, we were still ordered to pay the Puleos back the remaining $250 we owned them because we did NOT have a signed adoption contract proving that we had terms regarding our adoption fees. The court ruled for us to pay the remaining $250 that we owed to Francine Puleo including court costs equaling $391.40.

Payment was disbursed by the court on May 28, 2013.

YES, a payment was made by DERR in full to Francine Puleo to cover our debt to her and the courts.

To date, the Domino Effect Ranch Examining website includes comments and documents about the Puleo case, but makes no mention of the Court’s decision to rule against the validity of the horse adoption contract and Ashcraft’s actions.

Despite a nearly two-month blackout by Domino Effect ranch on their website and Facebook page, the outcome of the Charlotte County lawsuit remains public record.

Despite a “nearly two-month blackout” of me not posting an update to the court case regarding the Puleos, Maryann Tobin took public documentation to a court case regarding the DERR versus Francine Puleo and she filled in the blanks from whatever information she could find from an online “Scambook and Ripoff Report” that the Puleos wrote against us.

The court case was brought to the attention of this reporter in July 2013, though an anonymous tip, which was immediately verified as accurate through court records and public documents.

COURT RECORDS DO NOT EXPLAIN WHAT HAPPENED IN THE COURTROOM. DOCUMENTS DO NOT PROVE WHAT THE CASE ENTAILS.

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A local hate group here in Brooksville, extending down to Gallops Stable in Ft. Myers, called for an investigation here at the DERR several months ago after we lost a horse to liver failure.

This group has been following our every move for several years now, insinuating and publicizing the worst possible scenario in every action, photo op, or status post to paint a horrific picture to the public with never seeking documented facts in any given situation.

After these fine folks called the Hernando Ag officer out to the DERR, the very next day Maryann Tobin posted on the Examiner this article with the assumption that Deputy Adkins had passed the inspection here at DERR. She worded the article to reflect her own opinion rather than to wait 2 months later for the “official document” proving the outcome of our inspection.

http://horseslovers.com/domino-effect-ranch-passes-inspection-with-malnourished-horses/

Maryann Tobin is a journalist who has been slandering and harassing the DERR since 2011 after her daughter and I had a disagreement followed by threats from her daughter stating that her mother would write false reports against the DERR to have us shut down.

Each article that is posted gives this “hate group” another link to spread around FB to influence others to view these negative reports as truth. Each article that is posted against the DERR remains tagged to our name on the Internet and can be viewed anytime our name is Googled. False reports written by Maryann Tobin with the personal intent to destroy the DERR.

These reports with Documentations can be found within my blogs under the category “The Tobins ~ CAll a Spade A Spade.”

Last week we did, however, receive the final report on the investigation that this hate group called for several of months ago. The report was unfounded and we were given a thumbs up for the great job that we continue to do here at the DERR.

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Nikki Tobin has used the following “fake” entities, “fake” names, and email addresses to harass and cyberstalk the DERR.

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With the following “fake names” she has tried to post numerous, slanderous messages on our blog page alone, not including the cyberstalking she has done against the DERR on Facebook.

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