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August 13, 2013

 

Allen County Indiana Superior Court

Honorable Magistrate Robert E. Ross

715 S. Calhoun Street

Fort Wayne, Indiana 46802

 

Magistrate Ross:

 

On August 9, 2013 Case # 02D04-1211-CM-006256 State of Indiana vs. Marsha L. Shively was brought before you. Due to Ms. Shively’s appearing late to court, the case was postponed until August 23, 2013 at 1:30 p.m. As the initial plaintiff in this case, I wish to share some information and thoughts with you before the next hearing date.

 

When Ms. Shively appeared before you 1 hours late, she claimed illness and excessive fatigue caused her to be unable to take an early bus to court. When she finally appeared in court, it turns out her daughter and granddaughter had driven her. The result was you re-scheduled the case for a later date and a later time during the day-to allow her to be able to get a bus. She did not need a bus. She causes herself to appear feeble and disoriented, weak of body and spirit. I would like to point out; there is nothing feeble or disoriented in this woman’s body or mind. Brilliant enough (a bona fide member of MENSA) she capably abuses the system-by using the system. I share this from court proceedings held in prior months regarding violation of Fort Wayne dog laws, and Department of Public Health hearings. She played them, and she is playing you now.

 

Ms. Shively initially told police investigators that the female toy fox terrier (AKC-UKC Champion Shively’s VIP The Mighty Aphrodite-photo attached) died while in her care. In actuality, she intentionally stole the animal valued at over $5,000 from me. She bred the dog, produced a litter of 2 puppies, which she sold and therefore profited from the theft of the dog. She placed “Aphrodite” with someone in Ohio after the puppies were weaned. All the while telling me and investigating personnel that the dog was dead, and there were no puppies. The long and short of the story is that I spent 1 years looking for the dog, in 5 states, and a number of people who had done business with Ms. Shively received unannounced visits from Humane Authorities in their respective cities to have THEIR dogs microchips scanned looking for the missing dog. She ultimately turned up 1 1/2 years after her disappearance in the Columbus, Ohio dog pound-dumped October 3, 2012 in their night drop box.

 

Aphrodite was returned to me completely blind, half her teeth had to be extracted because of neglect, she had scars around her neck where a dog collar had been left on too tight and it had grown into the skin of her neck. She was malnourished and underweight-pretty serious for a little dog that only weighed 5 pounds to begin with. There is some speculation that she has been spayed (neutered) as well.

 

It took much correspondence to both the police department and the Prosecutors office to get even a Class A misdemeanor charge lodged against Ms. Shively. I explained that the stealing, theft, criminal conversion-whatever you choose to call it was not a civil court matter. A dog-in all 50 states-is property. Ms. Shively stole from me $5,000 worth of property. Had this been a vehicle worth the same amount she would be in felony court for grand theft auto.

 

I sat in your courtroom and learned several great civics lessons. First, I can expect (from listening to pleading of cases heard that morning) that Ms. Shively will most likely be given a 365 day suspended sentence, she will be fined $25 and court costs-which will also be waived because she will claim to be indigent. This woman sells her puppies for $1500.00. She is a retired professor from Perdue-she has income. And, most importantly, she already knows she has gotten away with her criminal endeavor. Mission accomplished.

 

I did recover my dog. The Para-legal from the Prosecutors office seems to think that should be sufficient and I really should have pursued this in civil court. If this had been a car and it had been recovered, Ms. Shively would still be charged with grand theft auto. Theft is theft-recovery is a lucky break! The car can be repaired by an auto body shop of any damages occurring as a result of the theft or the vehicle can be replaced- vehicle insurance will pay for the repair. NOTHING can repair the damages to Aphrodite. Her blindness is permanent; no insurance can pay for repair of her eyesight or psyche. Every day-all day-I must watch her to protect her from injuring herself. She can never wear a collar again as her vocal chords are now permanently damaged and any stress on her neck disrupts her ability to breath. Financial recompense resolves nothing.

 

Therefore, I am writing this letter to you in a final hope that some sort of real justice may be served. I do not seek justice for myself, wronged though I may be; I seek it on behalf of Aphrodite, who cannot speak for herself. Ms. Shively was smiling when she walked away from the podium at hearing of her postponement. She snowed you with her “poor me” story. She also knew I was going to drive from Pennsylvania to Fort Wayne to hear this matter brought to a climax. I guess she figures she “fixed” me too. I’ve known her for years, snow me she never has-I knew if there was a way to waste my time and money-she would figure it out. She may be ultra-bright, I have unlimited patience. I hope you do not.

 

Regards and thank you for reviewing this letter,

 

Sally J. Sklar

21149 S. Brown Hill Rd

Centerville, Pennsylvania 16404

wcporter9@gmail.com

 

http://www.thedogpress.com/Columns/Lost-And-Found-MagistrateLetter_Sklar-1310.asp

 

Related Articles:

Lost & Found, the Story Of Aphrodite

Letter To The Prosecutor

Letter To The Magistrate

 

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