Judy Marksbury- Show Breeder

[Yorkieville200]

Originally Posted by dottiesyrky

I am so very sorry all this is happening to you. What with your health issues and poor Max with the bad eyes etc it must be hard to take the unfeeling attitude of the breeder as well. How could she renege on the many conversions she had with you and promises made? I thought that after her post she would take the advice of breeders here, see sense, and refund all you have spent on her sick pup. Does she not worry about her reputation if nothing else???? Don't give up yet, she may still do the right thing. I pray she does.
Poor little Max, the eye must be painful for him and now it looks like he may have trouble in the other one? I hope not. Thank God he has such a loving and caring mom to tend to him. So I implore the breeder to help you out with costs and refund the money for the pup, it is the only moral thing to do!!!!! Please take care of yourself too, but I know it is so hard when you have a sick pup that needs you so much. We are all rooting for you and Max. Get well baby. Prayers and hugs.

Thank you so much. Yes, between my health issues and Max's health issues, the breeders unfeeling attitude has been hard on me.

She sent me a scathing e-mail, and I didn't tell my husband, right away, I didn't want to worry him, and when I told him, he said, "Don't answer it. Enough is enough with her. I knew something was stressing you, because you're stumbling again, so I know you're into another MS exacerbation."

I only stumble, when I am really stressed.

I used to fall-but I thank God for my MS Specialist-she prescribed Baclofen for spasticty, even before she diagnosed me, and it has kept me out of a wheelchair. Although, I don't sit up for long periods.

The eye is painful for Max, and now, it appears it has developed in his right eye. The Ophthamologist said it may develop in his right eye.

Thank you for all of your kind words. I am so thankful for you and everyone that is rooting for Max and I.

Thank you so much for your prayers.

(((HUGS)))
Sheila

[dottiesyrky]

Thank you so much for your replies. I can imagine that you are exhausted, sick, and so frustrated with this breeder. You do not need this extra stress and all the extra effort you have to take in order to care for Max. Has she no feelings for your health if not for the pup?? I wonder how she has survived to be a big wheel in the Yorkie field and do so well so far? Surely you are not alone either in your issues with her pups?? Why don't you try and forget her for a while, get yourself and Max well, and leave it to YTers to try and convince her to do the right thing? Your health cannot take all this aggravation and she does not seem to respond well to any contact you make with her anyway......sad though it is. So, to the breeder once again. Please stop the pain for Max's sick mom and refund the vet and pup costs. She, not you, is taking all the heat for caring for the sick pup that you sold her. This is a big burden for her in health and finances and you should be grateful that it is not your burden! Thank you.

[Lorraine]

Originally Posted by k9lover

One more thing,I forgot to say, They can have a puppy out of any litter that I may have. And I will have the replacement puppy vet checked by my vet and given a health certificate before he or she leaves to prevent any problems for them

That's all fine and well but very few people that just got a new puppy would want to return it as they are concerned for it and have bonded with it. Would it not be fair to return the purchase price, pay the parasite treatment fee which wouldn't be much but if this is 'dry eye' that is usually noticed by most breeders that something is wrong well before it would be old enough to leave for a new home.
Also a Vet Check with health certificate on a replacement puppy as has been offered, all I can say is shouldnt that be done with any dog or puppy before it goes to a new home?
I started taking any new litter I have to my vet at about 6 weeks of age solely for a vet check and before I take any deposits from anyone wanting a puppy. I don't want a new owner to be looking forward to a puppy they have seen either in person or in pictures only to tell them later puppy has a health issue that my Vet could have warned me about ahead of time that could prevent it going to a new home. Then at 10 weeks I take them back for a vet check again and first vaccinations.

[nanahas3]

Very nicely put.

Originally Posted by Lorraine

That's all fine and well but very few people that just got a new puppy would want to return it as they are concerned for it and have bonded with it. Would it not be fair to return the purchase price, pay the parasite treatment fee which wouldn't be much but if this is 'dry eye' that is usually noticed by most breeders that something is wrong well before it would be old enough to leave for a new home.
Also a Vet Check with health certificate on a replacement puppy as has been offered, all I can say is shouldnt that be done with any dog or puppy before it goes to a new home?
I started taking any new litter I have to my vet at about 6 weeks of age solely for a vet check and before I take any deposits from anyone wanting a puppy. I don't want a new owner to be looking forward to a puppy they have seen either in person or in pictures only to tell them later puppy has a health issue that my Vet could have warned me about ahead of time that could prevent it going to a new home. Then at 10 weeks I take them back for a vet check again and first vaccinations.

[nanahas3]

Going to be visiting BC in May any chance I can stick one of your puppies in my pocket and sneek it across the border lol. They really are beautiful babies.

[Yorkieville200]

Originally Posted by dottiesyrky

Thank you so much for your replies. I can imagine that you are exhausted, sick, and so frustrated with this breeder. You do not need this extra stress and all the extra effort you have to take in order to care for Max. Has she no feelings for your health if not for the pup?? I wonder how she has survived to be a big wheel in the Yorkie field and do so well so far? Surely you are not alone either in your issues with her pups?? Why don't you try and forget her for a while, get yourself and Max well, and leave it to YTers to try and convince her to do the right thing? Your health cannot take all this aggravation and she does not seem to respond well to any contact you make with her anyway......sad though it is. So, to the breeder once again. Please stop the pain for Max's sick mom and refund the vet and pup costs. She, not you, is taking all the heat for caring for the sick pup that you sold her. This is a big burden for her in health and finances and you should be grateful that it is not your burden! Thank you.

Thank you for caring so much. Yes, I am exhausted, my DO examined me on Friday, I've lost more weight, I'm not sleeping well. I sleep a few hours, wake up, and worry about Max.

I wanted to post the e-mail that I recevied from her, since she posted here.

"Wow, Shelia.shame on you! I am so hurt and upset and disappointed.,.My friends told me about your statements on yorkietalk,as I never get on there. I have offered to give you a replacement puppy that has had a health guarantee done by my vet.I even offered a female as a replacement for a male. That is what my contract states. Again I say to you read the contract! As far as the parasites you said he had,I never saw any vet statement or bill? I will pay for his meds if he had these things. My puppies here did not have any of this!I am a good breeder and a Christian, Do you think so little of me? Do you think I would hurt my dogs? Do you think I would spend hours and hours caring for and showing my dogs And importing exspensive dogs to improve my breeding program ?You are spreading slanderous remarks about me and I am shocked and hurt. I told you I made a mistake with the labeling on a picture that's all I am guilty of. You saw the parents in person, what is wrong with you ?Please return Max and I will give you a health certified puppy asap. I will post on yorkietalk in my defense a statement and a copy of my signed contract with you showing what the return policy is. Why don't you post all of this on Yorkietalk???Please enough is enough.I don't want to make your illness worse so lets stop blaming and being angry. Just have your husband bring him home to me and I will send you the little girl."

My husband and I didn't want the little girl, because she is from the same litter, and we know that genetic health issues often don't show up, for two years.

She never once e-mailed us, and asked us how Maxwell was doing, let alone ask us for the Vet statments or bill.
I have not spread slanderous lies. Everything I have posted here in YT is the truth.

Why on earth would I post that Max has Congenital Lacrimal Gland Aplasia, if he didn't have it?

Why would I post that he had yeast infections and Giardia, if he didn't have those things?

All my husband asked of her when she offered to take Max back, was a refund. He acknowledged that he was aware that her contract stated a replacment puppy. He didn't ask her to reinmburse us for the Vet bills.

If she truly didn't want to cause my MS to progress...I think, she would have had enough compassion to want to take Max back, and take care of him. And have the compassion to take the stress of caring for him, from me.

[Yorkieville200]

Originally Posted by Lorraine

That's all fine and well but very few people that just got a new puppy would want to return it as they are concerned for it and have bonded with it. Would it not be fair to return the purchase price, pay the parasite treatment fee which wouldn't be much but if this is 'dry eye' that is usually noticed by most breeders that something is wrong well before it would be old enough to leave for a new home.
Also a Vet Check with health certificate on a replacement puppy as has been offered, all I can say is shouldnt that be done with any dog or puppy before it goes to a new home?
I started taking any new litter I have to my vet at about 6 weeks of age solely for a vet check and before I take any deposits from anyone wanting a puppy. I don't want a new owner to be looking forward to a puppy they have seen either in person or in pictures only to tell them later puppy has a health issue that my Vet could have warned me about ahead of time that could prevent it going to a new home. Then at 10 weeks I take them back for a vet check again and first vaccinations.

Lorraine-she never offered us a puppy from a different litter. Only the female from the same litter as Max.

We brought Max home, on our 2nd trip, and he was almost 4 months old. We saw the green pus in his eye, the very next morning.

Our Vet did the Schirmer tear test at his 1st appt. and his score was so low, she consulted with an Ophthamolgist at Purdue in West LaFayette, IN.

His left eye is smaller than his right eye.

Our Vet did the Schirmer tear test at his 2nd appt. and his score had not improved.

Now, he has red inflammation is his right eye, so I believe our Vet will do the Schirmer tear test on both eyes at his appt. on Tuesday.

The Ophthamologist told our Vet to make sure we watched his right eye, very closely, as it could develop in his right eye.

My biggest mistake was trusting her words, when we spoke on the phone, before wemade the 1st trip to see the puppies when they were 12 weeks old.

[Yorkieville200]

Originally Posted by nanahas3

Going to be visiting BC in May any chance I can stick one of your puppies in my pocket and sneek it across the border lol. They really are beautiful babies.

I can't tell you how much I wish we had contacted Lorraine and asked her if she would put us on her waiting list.

[gemy]

5) All stud dogs and bitches shall be screened prior to breeding for both infectious and hereditary diseases using the currently accepted and available techniques.



6) A breeder-member selling puppies or offering stud services shall fully disclose to potential clients any serious or disabling hereditary defects, including the reasonable possibility of such defects. Such health defects shall be stated in writing
10) Stud service will be offered only by and to AKC Full Registered, or registered with an AKC approved foreign registry, healthy, mature dogs and bitches, respectively, and only of sound temperament. The dogs and bitches should be free of serious congenital and hereditary defects. Stud service will be refused for any mating which is considered to not be in the best interest of the breed which includes dogs and bitches with Q Registration in their pedigrees, and dogs and bitches of any color, or combination of colors not specified in the standard. Members will not sell dogs of such colors as exotic or rare.

Above are parts of the Code of ethics and Standard of Practice that every YTCA member agrees to abide by.

[gemy]

Originally Posted by Yorkieville200

Thank you for caring so much. Yes, I am exhausted, my DO examined me on Friday, I've lost more weight, I'm not sleeping well. I sleep a few hours, wake up, and worry about Max.

I wanted to post the e-mail that I recevied from her, since she posted here.

"Wow, Shelia.shame on you! I am so hurt and upset and disappointed.,.My friends told me about your statements on yorkietalk,as I never get on there. I have offered to give you a replacement puppy that has had a health guarantee done by my vet.I even offered a female as a replacement for a male. That is what my contract states. Again I say to you read the contract! As far as the parasites you said he had,I never saw any vet statement or bill? I will pay for his meds if he had these things. My puppies here did not have any of this!I am a good breeder and a Christian, Do you think so little of me? Do you think I would hurt my dogs? Do you think I would spend hours and hours caring for and showing my dogs And importing exspensive dogs to improve my breeding program ?You are spreading slanderous remarks about me and I am shocked and hurt. I told you I made a mistake with the labeling on a picture that's all I am guilty of. You saw the parents in person, what is wrong with you ?Please return Max and I will give you a health certified puppy asap. I will post on yorkietalk in my defense a statement and a copy of my signed contract with you showing what the return policy is. Why don't you post all of this on Yorkietalk???Please enough is enough.I don't want to make your illness worse so lets stop blaming and being angry. Just have your husband bring him home to me and I will send you the little girl."

My husband and I didn't want the little girl, because she is from the same litter, and we know that genetic health issues often don't show up, for two years.

She never once e-mailed us, and asked us how Maxwell was doing, let alone ask us for the Vet statments or bill.
I have not spread slanderous lies. Everything I have posted here in YT is the truth.

Why on earth would I post that Max has Congenital Lacrimal Gland Aplasia, if he didn't have it?

Why would I post that he had yeast infections and Giardia, if he didn't have those things?

All my husband asked of her when she offered to take Max back, was a refund. He acknowledged that he was aware that her contract stated a replacment puppy. He didn't ask her to reinmburse us for the Vet bills.

If she truly didn't want to cause my MS to progress...I think, she would have had enough compassion to want to take Max back, and take care of him. And have the compassion to take the stress of caring for him, from me.

Originally Posted by gemy

5) All stud dogs and bitches shall be screened prior to breeding for both infectious and hereditary diseases using the currently accepted and available techniques.



6) A breeder-member selling puppies or offering stud services shall fully disclose to potential clients any serious or disabling hereditary defects, including the reasonable possibility of such defects. Such health defects shall be stated in writing
10) Stud service will be offered only by and to AKC Full Registered, or registered with an AKC approved foreign registry, healthy, mature dogs and bitches, respectively, and only of sound temperament. The dogs and bitches should be free of serious congenital and hereditary defects. Stud service will be refused for any mating which is considered to not be in the best interest of the breed which includes dogs and bitches with Q Registration in their pedigrees, and dogs and bitches of any color, or combination of colors not specified in the standard. Members will not sell dogs of such colors as exotic or rare.

Above are parts of the Code of ethics and Standard of Practice that every YTCA member agrees to abide by.

9) Breeders will provide puppy buyers with written details of feeding, general care, date and types of a minimum of two (2) inoculations, as well as dates of wormings, grooming instructions, etc. and be available to offer future advice as needed.

Bare with me for a moment. I have copied extracts of what I feel is pertinent in this situation from www.ytca.org code of ethics, I have also copied the email response from the breeder in question.

First I believe if you wish a complaint can be made to ytca as she is a breeder member.

I have not found on the cerf database where any of her breeding dogs are listed as to being tested. I can better confirm this if you send to me the Registered names of both parents. Or you can look this up yourself.

If she has not tested either of these two dogs prior to breeding them together she is contravention of one of the codes of ethics.

If either of these two dogs are not AKC registered and or not registered with an acceptable foreign registry, then again she is in contravention of a code of ethics.

If this disease is indeed autosomal dominant (which I still can't verify), she is definitely in contravention of a code of ethic. How-ever your opthamologist can confirm the diagnosis.

Secondly it is hard to fathom how she would not notice and her vet would not notice this infection, on your pups last wellness exam prior to releasing him to your care.
So the question what is the date of his last examination on the health record you received from her vet? And can you confirm he has had 2 sets of inoculations.

All dogs sold to future owners should be health cleared first through the breeders vet, and then secondly through your own vet.

[dottiesyrky]

Judy.
I have read through all the posts regarding Max and I have also followed Sheila's past posts regarding the terribly sad loss of her last baby, and the health toll it took on her. She came to you because of your great reputation and high standing in the Yorkie world. You knew her history and health issues and that having a new ( healthy!) pet to love was so important to her health and healing.
She was so happy to have Max and was devastated when the serious eye issues were discovered, as well as the other more minor health problems. This is not what one expects from a breeder with your reputation. These issues were present when you sold her the pup and would not suddenly appear out of nowhere. I do understand that your contract is legally valid and perhaps if the circumstances were less emotional and complex here, you would have every legal right to strictly enforce the contract. However Sheila had already bonded with Max and spent considerable mental effort and funds on addressing the health issues that Max had. She would not want to give him back and risk another pup with issues. Also if you took him back, what would befall him?? Hopefully you would not put him to sleep, but then you would have to put in all the effort and funds to treat him. Would you have the time to do this with your breeding program?? You should be grateful that Sheila is prepared to care for this sick dog and relieve you of the considerable burden.
All this mental anguish is making Sheila sick again and also making it harder to care for Max, but she soldiers on as she loves Max and is an excellent pet mom.
So I beseech you on her behalf, as she is so weary of all this, to please make an exception to your contract and refund the costs of the pup and vet bills. This is a special case and you do have to accept that the contract would usually assume the dog was perfect when handed over to a new mom. Max was not! All the pain on both sides would be relieved if you would be compassionate and do the right thing. Trust me, you will only gain in stature if you do this as it is the right thing to do. Remember the law can be cruel sometimes and unfair, but this case involves the lives of Sheila and Max, two living beings! Sheila is left with a dog that will probably need constant care over its life and the least you can morally do is take away the frustration of all this and help with finances.
I want you to know that Sheila has no hand in this post, it is my decision to write this as I feel for her and her sad situation. I thank you for listening and I pray you will be able to help Sheila out and end all this on a happy note.

[Yorkieville200]

Originally Posted by gemy

5) All stud dogs and bitches shall be screened prior to breeding for both infectious and hereditary diseases using the currently accepted and available techniques.



6) A breeder-member selling puppies or offering stud services shall fully disclose to potential clients any serious or disabling hereditary defects, including the reasonable possibility of such defects. Such health defects shall be stated in writing
10) Stud service will be offered only by and to AKC Full Registered, or registered with an AKC approved foreign registry, healthy, mature dogs and bitches, respectively, and only of sound temperament. The dogs and bitches should be free of serious congenital and hereditary defects. Stud service will be refused for any mating which is considered to not be in the best interest of the breed which includes dogs and bitches with Q Registration in their pedigrees, and dogs and bitches of any color, or combination of colors not specified in the standard. Members will not sell dogs of such colors as exotic or rare.

Above are parts of the Code of ethics and Standard of Practice that every YTCA member agrees to abide by.

Gemy-she is a member of the YTCA-I remembered last night, I had checked, before I e-mailed her.

My cognitive dysfunction has been severely affected since Maxwell's diagnosis. So, my thinking is very slowed.

[Yorkieville200]

Originally Posted by gemy

9) Breeders will provide puppy buyers with written details of feeding, general care, date and types of a minimum of two (2) inoculations, as well as dates of wormings, grooming instructions, etc. and be available to offer future advice as needed.

Bare with me for a moment. I have copied extracts of what I feel is pertinent in this situation from www.ytca.org code of ethics, I have also copied the email response from the breeder in question.

First I believe if you wish a complaint can be made to ytca as she is a breeder member.

I have not found on the cerf database where any of her breeding dogs are listed as to being tested. I can better confirm this if you send to me the Registered names of both parents. Or you can look this up yourself.

If she has not tested either of these two dogs prior to breeding them together she is contravention of one of the codes of ethics.

If either of these two dogs are not AKC registered and or not registered with an acceptable foreign registry, then again she is in contravention of a code of ethics.

If this disease is indeed autosomal dominant (which I still can't verify), she is definitely in contravention of a code of ethic. How-ever your opthamologist can confirm the diagnosis.

Secondly it is hard to fathom how she would not notice and her vet would not notice this infection, on your pups last wellness exam prior to releasing him to your care.
So the question what is the date of his last examination on the health record you received from her vet? And can you confirm he has had 2 sets of inoculations.

All dogs sold to future owners should be health cleared first through the breeders vet, and then secondly through your own vet.

Gemy-have I ever told you that you are a true GEM???

I hesitated before I posted my review, but now, I am so glad I posted it.

[Yorkiemom1]

Originally Posted by Lorraine

That's all fine and well but very few people that just got a new puppy would want to return it as they are concerned for it and have bonded with it. Would it not be fair to return the purchase price, pay the parasite treatment fee which wouldn't be much but if this is 'dry eye' that is usually noticed by most breeders that something is wrong well before it would be old enough to leave for a new home.
Also a Vet Check with health certificate on a replacement puppy as has been offered, all I can say is shouldnt that be done with any dog or puppy before it goes to a new home?
I started taking any new litter I have to my vet at about 6 weeks of age solely for a vet check and before I take any deposits from anyone wanting a puppy. I don't want a new owner to be looking forward to a puppy they have seen either in person or in pictures only to tell them later puppy has a health issue that my Vet could have warned me about ahead of time that could prevent it going to a new home. Then at 10 weeks I take them back for a vet check again and first vaccinations.

I do this also...newborn health check at 36-72 hours old, again at 4 weeks old, andagain at 10 weeks old. Each baby is again given a clean bill of health within 24-36 hours before the baby is picked up by new owner. There is NO excuse for a puppy to be sent to a new owner, sick. The price you charge for your babies should guarantee that.

[Yorkieville200]

Originally Posted by Yorkiemom1

I do this also...newborn health check at 36-72 hours old, again at 4 weeks old, andagain at 10 weeks old. Each baby is again given a clean bill of health within 24-36 hours before the baby is picked up by new owner. There is NO excuse for a puppy to be sent to a new owner, sick. The price you charge for your babies should guarantee that.

Oh, how I wish I had known you before I posted my review. I would so very happily have asked you to put me on your waiting list for a puppy.

I am beyond worried about Maxwell today. His right eye is red with inflammation.

How is this tiny boy going to survive surgery on both his eyes????