Complaint,Petition: 07 CV H 09 1117 CARLSON, HILLARY et al vs. DUNN, HEATHER WDW

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                TRANSCRIPT OF DOCKET AND JOURNAL ENTRIES
CIVIL DIVISION

HILLARY CARLSON ET AL
Plaintiff
Case No.: 07CVF01799

-=VS-

 

HEATHER DUNN
Defendant

The Court hereby certifies this matter to the DELAWARE COUNTY COMMON PLEAS

COURT pursuant to Civil Rule 13(J).

The undersigned, Clerk of the Delaware Municipal Court, does hereby certify that the
attached documents comprise of all records of the proceedings pursuant to Civil Rule 13(J) and

all are the original papers and pleadings filed in the case.

WITNESS my signature and seal of this court on SEPTEMBER 11, 2007.

Betty J. Porter, Clerk of Court

Deputy Clerk

CVSC59-Revised 02-02

&=
x > fg
ot oO ~~
de® 8
zee @ Se
g g 33
Sf <=”
) < nos
s 5 GNU HNN ="
‘COMPLAINTwe

o DELAWARE MUNICIPAL COURT
a Case: O7CVFO1799 LAST CHANGE
fa 09-11-2007 05:54PM
Type: CVF
PLAINTIFF ( 2 TOTAL ) Caption: CARLSON ET AL, HILLARY
Name : CARLSON ET AL, HILLARY 5106 MILLER-PAUL ROAD
Name/Add: 5106 MILLER-PAUL ROAD WESTERVILLE, OH 43082
Address vs.
Gity/St : WESTERVILLE, OH DUNN, HEATHER
Zip : 43082 101 NORTH HIGH VIEW
Phone: PATASKALA, OH 43062
Attorney: 00172 614-210-1840
“BARRETT JR, DAVID C.
WEFENDANT  ( 2 TOTAL ) Action:CONTRACT
Name : DUNN, HEATHER 1866.99
Name/Add: 101 NORTH HIGH VIEW
Address
City/St : PATASKALA, OH
Zip 43062 Judge KLP PELANDA, KEVIN L.
Phone: Status TRANSFER COMMON PLEAS COURT
Attorney: 00765937-435-7500 Next Date: 09-11-2007
MARTIN, LAURA J. Next Time:

CASE STATUS 07CVF01799

NEXT NEXT
STATUS DATE TIME REMARKS
CF 08-08-2007 COMPLAINT FILED
ED 09-12-2007 PULL FOR SERVICE
ED 10-15-2007 PULL FOR SERVICE
ANS 09-06-2007 A7, 12
TCPC 09-11-2007 112
CASE DOCKET 07CVF01799

DATE REMARKS JRNL PA
08-08-2007 COMPLAINT FILED

W/EXHIBITS /ILM
08-08-2007 SUMMONS ISSUE CERTIFIED MAIL

TO DEF. HEATHER 7006 3450 0002 2704 6473 /3LM
08-04-2007 CERTIFIED MAIL RECEIPT RETURN

SIGNED BY HEATHER ON 8/9/07 CR
08-16-2007 NOTICE OF SERVICE

TO THE PLAINTIFFS ATTY. CR
09-06-2007 ANSWER FILED

& COUNTERCLAIM FILED BY D1A, W/NOTICE OF APPEARANCE AND

JURY DEMAND W/CERTIFICATE OF SERVICE FRM D1A. /SLN
09-07-2007 MOTION

TO CERTIFY CASE TO THE COURT OF COMMON PLEAS OF DELAWARE
COUNTY OHIO W/ENTRY & CERTIFICATE OF SERVICE FRM DIA.

/SLN

09-10-2007 ENTRYREMARKS JRNL PA

p

 

CERTIFYING CASE TO THE COURT OF COMMON PLEAS OF DELAWARE

“ COUNTY, OHIO. cR/CS COMS

Q9- 11-2007 THE COURT HEREBY CERTIFIES THIS MATTER TO THE DELAWARE

fi COUNTY COMMON PLEAS COURT PURSANT TO CIVIL RULE 13(J). CR

10

ia
y
Q
i
in}
a

ip
oOo
Ww

1D
4
=
Q
a
6
Oy

o

IN THE DELAWARE MUNICIPAL CO

URT, DELAWARE COUNTY, OHIO

Justice Center, 70 North Union Street, Delaware, Ohio 43015 Phone: (740) 203-1560 Fax: (740) 203-1599

HILLARY CARLSON ET AL
Plaintiff,

=VS+

HEATHER DUNN
Defendant.

Case No. 07CVF01799

 

I certify that I served a copy of SEPTEMBER

10, 2007 ENTRY by regular, first class mail,

postage prepaid, on SEPTEMBER 11, 2007, on the following person(s), at the addresses shown:

 

HILLARY CARLSON ET AL

HEATHER DUNN

 

5106 MILLER-PAUL ROAD

101 NORTH HIGH VIEW

 

 

 

 

 

 

 

 

 

 

WESTERVILLE, OH “143082 PATASKALA, OH [43062
SRI OIG FO ROR RR AR

COURTNEY CARLSON DELAWARE CO. COMMON PLEAS

5106 MILLER-PAUL ROAD OLN. SANDUSKY ST.

WESTERVILLE, OH [43082 DELAWARE, OH [ 43015
ee a kee a ee ako eo Ek

DAVID C. BARRETT JR LAURA J. MARTIN

Attorney at Law Attorney at Law

7269 SAWMILL ROAD 131. N. LUDLOW STREET STE. 840

DUBLIN, OH [43016 DAYTON, OH [45402

 

FSO A AIO ICR A IOI A ie

FESO IO I AR IO

 

DAVID C. BARRETT JR

 

Attorney at Law

Attorney at Law

 

7269 SAWMILL ROAD

 

 

 

DUBLIN, OH [43016

 

pretrrrirtirtir tii

FOIE

Betty J. Porter, Clerk of Court

By:

Centificate of Mailing. doc

Canvas

Deputy Clerk8 IN THE MUNICIPAL COURT OF DELAWARE, OHIO
O DELAWARE COUNTY, OHIO

HILLARY CARLSON, * Case No.: 07 CVF 01799
etal.,
* Judge:
Plaintiffs,

vs.
* ENTRY CERTIFYING CASE TO THE
HEATHER DUNN, COURT OF COMMON PLEAS OF

* DELAWARE COUNTY, OHIO
Defendant.

 

UPON the Motion of Defendant, and for good cause shown, it is the Order of this Court
that this case be certified to the Court of Common Pleas of Delaware County, Ohio.

INSTRUCTIONS TO THE CLERK:

It is the further Order of this Court, pursuant to R.C. 1907.03(c), that the Clerk of Courts
shall transmit to the Court of Common Pleas of Delaware County, Ohio all original pleadings,
papers, and the certified transcript of the journal entries.

Judge

IT IS SO ORDERED.

Copies to:

ch J Y Laura J. Martin, Attorney for Defendant, 131 N. Ludlow Street, Ste. 840, Dayton, Ohio 45402
Ie v David C. Barrett, Jr., Attorney for Plaintiffs, 7269 Sawmill Road, Dublin, Ohio 43016

RELL OE 899G0

a

 

131 N. Ludlow, Ste. 840}
Dayton, Ohio 45402
(937) 435-7500
FAX (937) 435-7511

 

A SEYNKE, MARTINS SCHULTE CT

   

IN THE MUNICIPAL COURT OF DELAWARE, onto
DELAWARE COUNTY, OHIO

o

HILLARY CARLSON, * Case No.: 07 CVF 01799
etal.
* Judge:
Plaintiffs,
*
vs.

* MOTION TO CERTIFY CASE TO THE
HEATHER DUNN, COURT OF COMMON PLEAS OF
* DELAWARE COUNTY, OHIO

 

Defendant.

 

NOW COMES Defendant, Heather Dunn, by and through counsel, and hereby
tespectfully requests this Court to certify this cause of action to the Court of Common Pleas of
Delaware County, Ohio pursuant to Sections 1901.17 and 1901.22(E) of the Ohio Revised Code
and Rute 13(J) of the Ohio Rules of Civil Procedure.

The grounds for this Motion to Certify are set forth more fully in the attached
Memorandum in Support and Affidavit of Defendant, incorporated herein.

Respectfully submitted,

 

131 N. Ludlow Street, Ste. 840
Dayton, Ohio 45402
(937) 435-7500131 N. Ludlow, Ste. 840]

Dayton, Ohio 45402
(937) 435-7500
FAX (937) 435-7511

 

SLL AAA AAA ENCE, MARTINS SCH as

 

MEMORANDUM IN SUPPORT

Defendant, Heather Dunn, respectfully requests this Court to certify this cause of action

to the Court of Common Pleas of Delaware County, Ohio pursuant to Sections 1901.17 and
1901.22(E) of the Ohio Revised Code and Rule 13(J) of the Ohio Rules of Civil Procedure.
Section 1901.17 ORC states that, “A municipal court shall have original jurisdiction only in
those cases in which the amount claimed by any party . . . does not exceed fifteen thousand
dollars . . ..” Accordingly, Section 1901.22(E) of the Ohio Revised Code requires that, "In any
action in a municipal court in which the amount claimed by any defendant in any statement of
counterclaim exceeds the jurisdictional amount, the judge shall certify the proceedings in the
case to the court of common pleas ...." Rule 13(J) of the Ohio Rules of Civil Procedure
similarly mandates that, “In the event that a counterclaim . . . exceeds the jurisdiction of the
court, the court shall certify the proceedings in the case to the court of common pleas.

If a party asserting a counterclaim asserts facts and claims that demonstrate such
defendant is entitled to relief, the municipal court must certify the cause of action to the court of
common pleas where it will proceed as if originally filed there. Adams Robinson Ent. v.
Envirologix Corp., (1996) 111 Ohio App.3d 426 (2nd Dist.). In her Amended and
Counterclaims, Defendant asserts counterclaims totaling in excess of $15,000.00 in
compensatory, actual and non-economic damages and $25,000.00 in punitive damages. These
counterclaims were filed in good faith and clearly demonstrate that Defendant is entitled to
telief. Because the amount of damages Defendant sustained exceeds this Court's jurisdiction,
O.R.C. 1901.22(E) and Civil Rule 13(J) require that this cause of action be certified to the Court

of Common Pleas for Delaware County, Ohio.Accordingly, Defendant respectfully requests this Court to certify this cause of action to
the Court of Common Please for Delaware County, Ohio.
Respectfully submitted,

BEHNKE, MARTIN & SCHULTE, LLC

   

AttOmey for Defendant

131 N. Ludlow Street, Ste. 840
Dayton, Ohio 45402

Phone: (937) 435-7500

CERTIFICATE OF SERVICE

 

The undersigned does hereby certify that a copy of the foregoing was served upon David
C. Barrett, Jr., 7269 Sawmill Road, Dublin, Ohio 43016, via facsimile and regular U.S. mail,
postage prepaid, on the 6" day of September, 2007.

 

131 N. Ludlow, Ste. 840}
Dayton, Ohio 45402
(937) 435-7500
AX (997) 435-7511

GG:S0 LO-EL-60 IPSUUEDS *
I BEHNKE, MARTINS SCHULTE, [CeAffidavit of Defendant
State of Ohio

)
_ 8s:
County of f Yanithin )

The affiant, Heather Dunn, being first duly sworn and cautioned, stateS; under
the following is true and accurate: oS

   

Gath;
2

qd) That I was named as a Defendant in a cause of action filed by Plaintiffs Hillary
Carlson and Courtney Carlson, dba Wingate Farm (“Plaintiffs”), in Delaware
Municipal Court, Case No. 07 CVF 01799;

(2) ‘That in addition to my Answer, I have filed multiple counterclaims against
Plaintiffs.

(3) That all counterclaims were filed in good faith and allege facts and circumstances
demonstrating that I am entitled to the relief requested.

4 That the damages I have suffered and the relief I have requested exceed $15,000.00.

Ciuc Dunn

Sworn and Subscribed to under oath, before me, a notary public in and for said state, by
Heather Dunn, who personally appeared on the day of September, 2007 and
acknowledged that she did sign the foregoing Affidavit as her free act and dee

Further affiant sayeth naught.Ww

 
  

BMS

Behnke, Martin & Schulte, LLc

ATTORNEYS AT LAW

 

131 N. LUDLOW STREET, STE. 840 * DAYTON, OH 45402 * TELEPHONE (937) 435-7500 * FAX (937) 435-7511

STEPHEN D. BEHNKE* Of Counsel:

LAURA J. MARTIN MICHAEL R. BOTROS
RICHARD W. SCHULTE** RAYMOND J. DUNDES***
SHTREEN ]. HEBERT* * Also admitted in California
AMY L, WELLS **Also admitted in lowa
ORION J. HAYES ***Also admitted in Florida

September 6, 2007

Delaware Municipal Court
Clerk of Courts — Civil Division
70 North Union Street
Delaware, Ohio 43015

 

RE: Case No. 07 CVF 01799
Dear Clerk of Courts:

Enclosed please find, for the purposes of immediate filing, Defendant’s Motion to Certify
Case to the Court of Common Pleas of Delaware County, Ohio. Also enclosed please find a

proposed Entry for the Court’s review.

Please file the enclosed Motion at your earliest convenience and return the time-stamped
copies to my office. A self-addressed, stamped envelope is enclosed for your use.

Thank you for your assistance in this matter. Should you have any questions or need
additional information, please do not hesitate to contact my office.

Sincerely,
ie
Laura J. Martin

Enclosures191 N, Ludlow, Ste, 840}
Dayton, Ohio 45402
(937) 435-7500
FAX (937) 435-7511

 

FILED.
oeLAA RE yat
ME “e SHID
auur ser -6 PM 209
. ER
TW g.YORT
BET! GUERK
IN THE MUNICIPAL COURT OF DELAWARE, OHIO
DELAWARE COUNTY, OHIO
HILLARY CARLSON, * Case No.: 07 CVF 01799
et al.,
* Judge:
Plaintiffs,
*
vs.
* ANSWER AND COUNTERCLAIMS
HEATHER DUNN, (With Jury Demand)
*
Defendant.

 

NOW COMES Defendant, Heather Dunn, by and through the undersigned counsel, and
state the following as her Answer and Counterclaims to the Plaintiffs’ Complaint:

ANSWER

(1) ‘Defendant admits that a business known as Wingate Farm operates at 5106
Miller-Paul Road, Westerville, Ohio, but is without knowledge sufficient to admit
or deny the remaining allegations contained within paragraph 1 of Plaintiffs’
Complaint.

(2) Defendant admits that on or about February 1, 2007 she entered into an agreement
with Plaintiffs but denies that the terms of such agreement were limited to the
“keep and board” of Defendant’s horse. Defendant further denies the remaining
allegations contained within paragraph 2 of Plaintiffs’ Complaint.

(3) Defendant admits that enumerated Section | of the agreement referred to in
paragraph 2 of Plaintiffs’ Complaint provides for sixty (60) days notice of the
intent to terminate such agreement. Defendant denies the remaining allegations
contained within paragraph 3 of Plaintiffs’ Complaint.

a  GEHNKE, MARTIN S SCHULTE, (LC131 N. Ludlow, Ste. 840]
Dayton, Ohio 45402
(937) 435-7500
FAX (937) 435-7511

 

SS BE}NKE, MARTIN & SCHULTE, LC SASS SSS

(4)

(5)

(6)

()

8)

(9)

(10)

al

(12)

(13)

(14)

(15)

(16)

(17)

Defendant admits that she removed her horse from Wingate Farms on or about
July 31, 2007 but denies the remaining allegations contained within paragraph 4
of Plaintiffs’ Complaint.

Defendant denies all allegations contained within paragraph 5 of Plaintiffs’
Complaint.

Defendant admits having received an invoice, but is without knowledge sufficient
to admit or deny the remaining allegations contained within paragraph 6 of
Plaintiffs’ Complaint.

Defendant denies all allegations contained within paragraph 7 of Plaintiffs’
Complaint.

Defendant denies all allegations contained within paragraph 8 of Plaintiffs’
Complaint.

Defendant denies all allegations contained within paragraph 9 of Plaintiffs’
Complaint.

Defendant is without knowledge sufficient to admit or deny the allegations
contained within paragraph 10 of Plaintiffs’ Complaint.

Defendant reincorporates her answers to the allegations contained within
paragraphs 1 through 10 of Plaintiffs’ Complaint as if fully restated hereunder.

Defendant denies all allegations contained within paragraph 12 of Plaintiffs’
Complaint.

Defendant denies all allegations contained within paragraph 13 of Plaintiffs’
Complaint.

Defendant denies all allegations contained within paragraph 14 of Plaintiffs’
Complaint.

Defendant denies all allegations contained within paragraph 15 of Plaintiffs’
Complaint.

Defendant admits that the agreement referenced by Plaintiffs contains the
statement referred to in paragraph 16 of Plaintiffs’ Complaint, with the exception
of Plaintiffs’ omission of the word “in” before the word “equity”. Defendant
denies all remaining allegations contained within paragraph 16 of Plaintiffs’
Complaint.

Defendant denies all allegations contained within paragraph 17 of Plaintiffs’
Complaint.wo

pa

ih

9
0
Q
2
fi)
9

9
ao

131N, Ludlow, Ste. 840
‘Dayton, Ohio 45402
(997) 435-7500
FAX (937) 435-7511

 

 

LLANES BENE, MARTIN & SCHULTE, (SSNS

(18)

ayy

(20)

(21)
(22)

(23)

(24)

(25)

(26)

7)

(28)

(29)

Defendant denies all allegations contained within paragraph 18 of Plaintiffs’
Complaint.

Defendant further denies any and all allegations not specifically admitted herein.

AFFIRMATIVE DEFENSES
Plaintiffs’ Complaint fails to state a claim upon which relief can be granted.
Plaintiffs’ claims are barred by the doctrine of unclean hands.

Any damages that may have allegedly been sustained by Plaintiffs are barred or
must be reduced by Plaintiffs’ failure to mitigate their damages, if any.

Plaintiffs’ claims are barred due to prior material breach by the Plaintiffs.

Any contract or agreement between the parties with respect to Plaintiffs’ claims is
void or voidable due to the material misrepresentation of the Plaintiffs.

Any damage to the stall where Defendant’s horse was housed, which damage
Defendant denies, was caused by or consented to by the real property owner of
the stable facility, who was present at the time Defendant’s horse was removed
from Wingate Farm.

Defendants reserve the right to raise additional affirmative defenses as they may
be revealed through the course of discovery and litigation.

COUNTERCLAIM I —- BREACH OF CONTRACT

On or about February 1, 2007, Defendant entered into an agreement with
Plaintiffs for the board and training of a horse owned by Defendant, said
agreement was attached to Plaintiffs’ Complaint as “Exhibit A” (the
“Agreement”).

Plaintiffs breached the Agreement by failing to provide adequate feed, water and
boarding care to the horse owned by Defendant and failing to provide the training
services agreed to by the parties.

Plaintiffs breached the Agreement by allegedly performing and billing Defendant
for services not agreed to by the parties and provided for within the Agreement.“eo

Sh

SO 20+

POLLS:

 

131 N. Ludiow, Ste. 840]
Dayton, Ohio 45402
(937) 435-7500
FAX (937) 435-7511

 

A  AENKE, MARTIN SCHULTE, CL

(30)

G1)

(32)

G3)

G4)

G5)

(36)

G7)

(38)

9)

(40)

Plaintiffs’ breach of the Agreement caused damages to Defendant for boarding
and training fees paid, and other expenses invoiced and paid, in the amount of
$6,126.17.

COUNTERCLAIM II - UNJUST ENRICHMENT

Defendant re-alleges each and every allegations set forth with paragraphs 27
through 30 herein as if fully restated hereunder.

Plaintiffs invoiced Defendant and Defendant paid monies to Plaintiffs for services
not agreed to by the parties nor provided for within the Agreement and/or in
excess of the actual costs of services performed by third parties.

Plaintiffs continued to allegedly perform and invoice Defendant for such services
after Defendant expressly instructed them to cease doing so.

Defendant was eventually forced to pay for the disputed services in order to
remove her horse from Wingate Farm and the care and control of Plaintiffs.

The payment by Defendant of monies for services not agreed to or in excess of
actual costs conferred a financial benefit upon Plaintiffs in the amount of $654.95
plus farrier overcharges and handling fees in an amount that cannot be determined
from Plaintiffs’ invoices.

Plaintiffs knew about, consented to and actively sought the financial benefit
conferred upon them.

The retention of such financial benefit by Plaintiffs would be unjust under the
circumstances.

COUNTERCLAIM III - BREACH OF DUTY

Defendant re-alleges each and every allegation set forth within paragraphs 27
through 37 herein as if fully restated hereunder.

Defendant entrusted Plaintiffs with responsibility for the care and training of a
horse owned by Defendant.

Defendant was unable, due to pregnancy and other circumstances, to care for or
train her own horse or to visit Wingate Farm on a regular basis.131 N. Ludlow, Ste. 840
Dayton, Ohio 45402
(937) 435-7500
FAX (997) 435-7511

 

LLL SRN GEHINKCE, MARTIN 2 SCHULTE, LC SSS

41)

(42)

(43)

(44)

(45)

(46)

47)

(48)

(49)

(50)

G1)

(52)

3)

Plaintiffs were aware that Defendant would be mostly absent and was relying on
Plaintiffs to provide complete and adequate care and training for her horse and
Plaintiffs accepted such responsibility.

Plaintiffs owed a duty and a fiduciary duty to Defendant to care for and safe-keep
the horse owned by Defendant.

Plaintiffs failed to observe and breached the duty and fiduciary duty owed to
Defendant.

Plaintiffs’ breach of the duty and fiduciary duty owed to Defendant proximately
caused damages to Defendant, including, without limitation, injuries and scarring
to the horse owned by Defendant and a reduction in value of said horse.

COUNTERCLAIM IV — FAILURE TO ACT IN GOOD FAITH

Defendant re-alleges each and every allegation set forth in paragraphs 27 through
44 herein as if fully restated hereunder.

At all times material hereto, Plaintiffs owed Defendant a duty of good faith and
fair dealing as an implied covenant to the parties’ agreement and relationship.

Plaintiffs failed to act in good faith and to deal fairly with Defendant.

As a result of Plaintiffs breach of their duty of good faith and fair dealing,

Defendant has suffered damages as set forth elsewhere herein.
COUNTERCLAIM V — CONVERSION

Defendant re-alleges each and every allegation set forth in paragraphs 27 through
48 herein as if fully restated hereunder.

At all times material hereto, Defendant was the lawful owner of the horse that was
the subject of the Agreement.

At all times material hereto, Defendant was the lawful owner of various items of
tack and equipment stored at Wingate Farm.

At various times while the horse owned by Defendant was boarded at Wingate
Farm, Plaintiffs used Defendant’s tack and equipment without Defendant’s
consent.

To date, Plaintiffs have failed to return various items of tack and equipment
owned by and belonging to Defendant.1DLN. Ludlow, Ste. 84
Dayton, Ohio 45402
(937) 435-7500
FAX (937) 435-7511

 

 

——————_———_—— NS BEHNKE. MARTIN SCHULTE, LC ASSN

G4)

(55)

(56)

(67)

68)

659)

(60)

(61)

(62)

(63)

(64)

While the horse owned by Defendant was boarded at Wingate Farm, Plaintiffs
padlocked said horse within a stall and refused to grant Defendant or her agents
access to the horse for any reason.

Plaintiffs attempted to prevent Defendant from permanently removing her horse
from Wingate Farm premises and unlawfully detained Defendant and her horse
for a time period of approximately there (3) hours.

The wrongful acts by Plaintiffs constitute conversion.

As a proximate result of Plaintiffs’ wrongful conversion of her property,
Defendant suffered damages due to the loss of and loss of use of property owned
by Defendant.

COUNTERCLAIM VI - FALSE IMPRISONMENT

Defendant re-alleges each and every allegation set forth in paragraphs 27 through
57 herein as if fully restated hereunder.

On or about July 31, 2007, Plaintiffs intentionally detained Defendant against her
will and prevented her from leaving the Wingate Farm premises for a period of
time of approximately three (3) hours.

Defendant was approximately nine (9) months pregnant at the time she was so
detained and deprived of her liberty by Plaintiffs.

Such restraint of Defendant’s physical liberty by Plaintiffs was unlawful and
without privilege or justification.

Plaintiffs’ actions constitute the tort of false imprisonment.

Plaintiffs’ conduct was characterized by, and Plaintiffs exhibited, actual malice,
hatred, ill will and a spirit of revenge, in falsely imprisoning Defendant.

Plaintiffs’ false imprisonment of Defendant was the proximate cause of damages
to Defendant including loss of time, physical pain and discomfort, inconvenience,
lost income from work, and emotional distress.

COUNTERCLAIM VII — INTERFERENCE WITH PROSPECTIVE BUSINESS

(65)

OR CONTRACTUAL RELATIONSHIP AND PROSPECTIVE SALE

Defendant re-alleges each and every allegation set forth in paragraphs 27 through
64 herein as if fully restated hereunder.131 N. Ludlow, Ste. 840}
Dayton, Ohio 45402
(937) 435-7500
FAX (937) 435-7511

 

 

NN BEHNKE, MARTIN & SCHULTE, LC SS

(66)

(67)

(68)

(69)

(70)

7)

(72)

(73)

(74)

(75)

(76)

(77)

(78)

(79)

While the horse owned by Defendant was boarded at Wingate Farm, Defendant
made the decision to market the horse for sale.

Plaintiffs were aware of Defendant’s decision to market the horse for sale.
Plaintiffs are in the business of marketing horses for sale.

Plaintiffs agreed to assist in marketing Defendant’s horse for sale and showed the
horse to at least one (1) prospective purchaser, who was also a customer of
Plaintiffs.

Defendant elected to market her horse for sale via the internet and received
various calls from prospective purchasers.

Hoping for a quick sale due to her pregnancy, Defendant advertised her horse for
sale at a reduced purchase price of $15,000.00.

Plaintiffs refused to talk to or provide information about the horse to prospective
purchasers and would hang up on prospective purchasers asking for directions,
farm hours, or similar information.

Plaintiffs refused to allow at least one (1) prospective purchaser to see and
examine the horse.

Plaintiffs refused to allow at least one (1) prospective purchaser to remove the
horse from Wingate Farm for purchase even when the prospective purchaser
offered to pay in full the balance Defendant allegedly owed to Plaintiffs at such
time.

A prospective business and contractual relationship existed between Defendant
and the prospective purchasers of the horse owned by Defendant.

Plaintiffs were aware of the prospective business and contractual relationship
between Defendant and the prospective purchasers of the horse.

Plaintiffs intentionally interfered with and prevented the sale of the horse and the
business and contractual relationship between Defendant and prospective
purchasers of the horse.

Plaintiffs intentionally interfered with and prevented Defendant from selling her
horse on her own for the purposes of obtaining a commission on any sale
negotiated by Plaintiffs and obtaining additional board and training fees in the
interim.

Defendant was damaged by Plaintiffs’ intentional interference with the sale of her
horse due to the loss of $15,000.00 in sale revenues, the cost of keeping,131 N. Lustow, Ste, 24a]
Dayton, Ohio 45402
(937) 435-7500
FAX (937) 435-7511

 

AAS! BEHNKE, MARTIN £ SCHULTE, | SASS nat AS SS SS

maintaining, boarding, training and caring for the horse, and the decline in the
value of the horse due to the Plaintiffs’ breach of duty and misconduct.

(80) Plaintiffs’ intentional, wrongful and unlawful conduct was the proximate cause of
the damage suffered by Defendant.

COUNTERCLAIM VIII - CSPA CLAIM

(81) Defendant re-alleges each and every allegation contained within paragraphs 27
through 80 herein as if fully restated hereunder.

(82) Defendant is a “consumer” as defined in Section 1345.01 of the Ohio Revised
Code.

(83) Plaintiffs are “suppliers” as defined in Section 1345.01 of the Ohio Revised Code.

(84) The Consumer Sales Practices Act [“CSPA”] is applicable to the transactions
between the parties.

(85) In connection with the transactions between the parties and the agreement to
provide boarding and training for the horse owned by Defendant, Plaintiffs
committed unfair, deceptive, and unconscionable acts and practices as set forth
elsewhere herein in violation of Sections 1345.02 and 1345.03 of the Ohio
Revised Code.

(86) Plaintiffs knowingly committed said unfair, deceptive and unconscionable acts
and practices.

(87) As a direct and proximate result of Plaintiffs’ unfair, deceptive and
unconscionable acts and practices, Defendant has suffered damages as set forth
elsewhere herein.

(88) Under the CSPA, Defendant claims the greater of treble actual damages or
statutory damages in addition to costs or attorney fees.
WHEREFORE, Defendant respectfully requests this Court for the following relief:

(a) Judgment in favor of Defendant and against Plaintiffs, jointly and severally, on all
claims and causes of action alleged herei;

(b) Judgment in favor of Defendant and against Plaintiffs on all claims and causes of
action alleged in Plaintiffs’ Complaint;131N. Ludlow, Ste. 840
Dayton, Ohio 45402
(937) 435-7500
FAX (937) 435-751

 

3
s
2
8
3
3
&
2
g
é

©)

@
)

@

An award of compensatory, actual and non-economic damages in an amount
exceeding $15,000.00;

An award of punitive damages in an amount exceeding $25,000.00;

An award of Defendant’s reasonable costs and attorney fees under CSPA and the
terms of the Agreement; and

All such further relief as this Court deems Defendant to be entitled to, under law

or equity.
Respectfully submitted,

BEHNKE, MARTIN & SCHULTE, LLC

   

Martin, #0076590
Attoméy for Defendant
131 N. Ludlow Street, Ste. 840
Dayton, Ohio 45402

Phone: (937) 435-7500

 

JURY DEMAND

Defendant hereby demands a trial by jury, with the maximum number of jurors permitted
by law, on all claims, counterclaims and defenses at issue in this action.

 

Laurgw in, #0076590

CERTIFICATE OF SERVICE

The undersigned does hereby certify that a copy of the foregoing was served upon David
C. Barrett, Jr., 7269 Sawmill Road, Dublin, Ohio 43016, via facsimile and regular U.S. mail,
postage prepaid, on the 5" day of September, 2007.

  

fartin, #0076590131 N, Ludlow, Ste. 640|
Dayton, Ohio 45402
(937) 435-7500
FAX (937) 435-7511

 

fu WARE
MUNICIPAL. COURT
DELAWE 7 GHIO

yenr SEP -6 PH 2:08

BETI ( J. PURTER
CLERK
IN THE MUNICIPAL COURT OF DELAWARE, OHIO
DELAWARE COUNTY, OHIO
HILLARY CARLSON, * Case No.: 07 CVF 01799
et al.,
* Judge:
Plaintiffs,
*
vs.
* ENTRY OF APPEARANCE
HEATHER DUNN,
*
Defendant.

 

NOW COMES Laura J. Martin, Attorney at Law, and respectfully enters her appearance
as counsel of record for Defendant, Heather Dunn.

Respectfully submitted,

BEHNKE, MARTIN & SCHULTE, LLC

 

orrfey for Defendant
131 N. Ludlow Street, Ste. 840
Dayton, Ohio 45402
Phone: (937) 435-7500

NN BENE. MARTINE SCHULTE (CTCERTIFICATE OF SERVICE

 

The undersigned does hereby certify that a copy of the foregoing was served upon David
C. Barrett, Jr., 7269 Sawmill Road, Dublin, Ohio 43016, via facsimile and regular U.S. mail,
postage prepaid, on the 5" day of September, 2007.

3

 

 

1B1N. Ludlow, Ste. 840

Dayton, Ohio 45402
(937) 435-7500

FAX (937) 435-7511

a BENKE, MARTIN £ SCHULTE, LLC SiSAMY L. WELLS

    

Behnke, Martin & Schult AUN!

ATTORNEYS AT LAW wet

131 N. LUDLOW STREET, STE. 840 * DAYTON, OH 45402 « TELEPE TSE? 35 re . = (937) 435-7511

(Of Counsel:

STEPHEN D. BEHNKE* pel \ rsa MICHAEL R. BOTROS

LAURA J. MARTIN
' RICHARD W. SCHULTE**

RAYMOND J. DUNDES***

SHIREEN J. HEBERT* *Also admitted in California
“ **Also admitted in lowa
2 ORION J. HAYES September 5, 2007 ***Also admitted in Florida
Delaware Municipal Court
Clerk of Courts — Civil Division
70 North Union Street
Delaware, Ohio 43015

RE: Case No. 07 CVF 01799
Dear Clerk of Courts:

Enclosed please find, for the purposes of immediate filing, the following documents:
|

(1) Entry of Appearance; and me

(2) Answer and Counterclaims of Defendant, with Jury Demand.

  

Also enclosed, please find a check in the amount of $100.00 made payable to the
Delaware Municipal Court, to cover the filing fee relating to Defendant’s counterclaims.

Please file the enclosed documents at your earliest convenience and return the time-
stamped copies to my office. A self-addressed, stamped envelope is enclosed for your use.

Please note that based upon the damages alleged in Defendant’s counterclaims we will be
filing a motion to certify the case to the common pleas court. Such motion will be filed as soon :
as I obtain an affidavit in support from the Defendant.

Thank you for your assistance in this matter. Should you have any questions, please do
not hesitate to contact my office.

Sincerely,

Laura J. Martin
EnclosuresNOTIFICATION OF SERVICE

 

© Delaware Municipal Court
a 70 North Union Street
Delaware, Ohio 43015

al 740-203-1560

3 HILLARY CARLSON ET AL

7 5106 MILLER-PAUL ROAD

a WESTERVILLE, OH 43082
Plaintiff(s)

-Vs-
Case No: 07CVF01799

HEATHER DUNN
101 NORTH HIGH VIEW
PATASKALA, OH 43062

Defendant(s)
(X) Certified Mail
Attorney: () Personal Service
DAVID C. BARRETT JR QO Residential Service
7269 SAWMILL ROAD () Ordinary Mail
DUBLIN, OH 43016 Q Certification of Mailing
() Publication

Date service was made: AUGUST 4, 2007 FOR HEATHER
NOTICE

Failure of any appropriate action on this case within 60 days from the date of this notice will
result in a dismissal, for want of prosecution, without further notice.

AUGUST 16, 2007 Betty J. Porter, Clerk of Court

By:
Deputy Clerk

CWSCIIBDI-Revised 02-02Rac Benin
epi g a a

     

 
    
 

ra) set =t| 2 eae

   

Tull ¢ (Domestic Matt Only; NO ‘Insurance Coverage Provided)
y

re)

az

& Q7CVEG1L799

mu “HEATHER DUNN

wu 191 NORTH HIGH YIEW
De PATASKALA, OH 43062
ee

o ¢

w

2

m

wo

o

oa

é

 

Py cae

Pia) |e)

 

THIS SECTION ole eRe 0396 RoE ELC Lg

| Complete items 1, _, and 3. Also complete
item 4 if Restricted Delivery is desired.
® Print your name and address on the reverse

 

 

 

 

  

 

 

so that return the card t zx _ UO Addressee
iat we can return the card to you. ep =
& Attach this card to the back of the mailpiece, 8. Received by (Prey Nae) %§ te of Delivery
‘or on the front if space permits. = R49

1 D. Is delivery addrpss dfferert from fem 1
* @7CVEQ1799 IEYES, enter d :

HEATHER _DUNN

141 NORTH HIGH VIEW

PATASKALA, OH 43062

8/¢ |07
3. Service Typo
i Certified Mail 1 Express Mail
120) CResistered Li Return Receipt for Merchandise

O insured Mail OCOD.
4, Restricted Delivery? (Extra Fee)

2*" 200b 3450 D002 e704 bY?3

PS Form 3811, February 2004

 

O Yes

 

Domestic Retum Receipt

 

102595-02-M-1540SUMMONS
HILLARY CARLSON ET AL DELAWARE MUNICIPAL COURT
Plaintiff 70 NORTH UNION STREET
DELAWARE, OHIO 43015
vs. (740) 203-1560
HEATHER DUNN Case No.: 07CVFO1799

Defendant

To the following named defendants:

HEATHER DUNN
101 NORTH HIGH VIEW

PATASKALA, OH 43062

You have been named defendant(s) in a complaint filed in Delaware Municipal Court, 70 North Union
Street, Delaware, Ohio 43015, by Plaintiff(s)

HILLARY CARLSON ET AL COURTNEY CARLSON
5106 MILLER-PAUL ROAD $106 MILLER-PAUL ROAD
WESTERVILLE, OH 43082 WESTERVILLE, OH 43082

A copy of the complaint is attached hereto. The name and address of the plaintiff's attorney is DAVID C.
BARRETT JR , 7269 SAWMILL ROAD , DUBLIN, OH 43016.

You are hereby summoned and required to serve upon the plaintiff's attorney, or upon the plaintiff, if he has
no gttomney of record, a copy of an answer to the complaint within TWENTY-EIGHT DAYS after service of :
this summons on you, exclusive of the day of service. Your answer must be filed with the Court within three
days after the service of a copy of the answer on the plaintiff's attorney.
‘

IF_YOU FAIL TQ APPEAR AND/OR DEFEND, JUDGMENT BY DEFAULT WILL BE RENDERED
AGAINST YOU FOR THE RELIEF DEMANDED IN THE COMPLAINT.

*** ANSWER 28 DAYS FROM DATE OF SERVICE ***

Betty J. Porter, Clerk of Court

By:
Date: AUGUST 8, 2007 Deputy Cler

CVSC30DI
Revised 04-19-04ne
MUN
oe ”
5 yeeee -B AAW LS
e : .
é DELAWARE MUNICIPAL COURT BETH a a piie®
3 DELAWARE COUNTY, OHIO CLE
° HILLARY CARLSON, DBA :
3 WINGATE FARM
2 5106 Miller-Paul Road :  CaseNo. OLTCVEO!T99
°° Westerville, Ohio 43082
Judge David P. Sunderman
Plaintiff,

and

COURTNEY CARLSON, DBA

WINGATE FARM

5106 Miller-Paul Road
Westerville, Ohio 43082

Plaintiff,
vs.
HEATHER DUNN
101 North High View
Pataskala, Ohio 43062

Defendant.

COMPLAINT
Now come Plaintiffs Hillary Carlson and Courtney Carlson, dba Wingate Farm

(“Plaintiffs”), by and through their counsel, and for their Complaint against Heather
Dunn (“Defendant”) state and allege as follows:

COUNT I: CAUSE OF ACTION ON ACCOUNT STATED
1. Plaintiffs are the owners and administrators of Wingate Farm, an unincorporated

business with its principle place of business at 5106 Miller-Paul Road, Westerville, Ohio

43082.

Page 1 of 42. On or about February 1, 2007, Defendant entered into a Stabling and Boarding
Agreement (“Agreement”) with Plaintiffs wherein Plaintiffs agreed to keep and board
Defendant’s horse for Eight Hundred and Fifty Dollars ($850.00) a month. (See
Agreement attached hereto as Exhibit A)

3. In the event of termination, the Agreement provided that notice must be given at
least sixty (60) days prior to the end of the month.

4, Without providing the required notice under the Agreement or obtaining
Plaintiffs’ consent, Defendant removed her horse from Plaintiffs’ facility on July 31,
2007.

5. After Defendant removed her horse from Plaintiffs’ facility, a final account
statement showed that Defendant owed Plaintiffs $1,866.99 for boarding and stabling per
the agreement. This amount includes the rent for the months of August and September
which Plaintiffs are entitled to under the terms of the Agreement. (See Invoices attached
hereto as Exhibit B)

6. Plaintiffs continue to send account statements and demands for payment on a
regular basis to Defendant Heather Dunn from the horse removal date through the date of
the filing of this Complaint.

7. After removing her horse from Plaintiffs’ facility, Defendant provided the sixty

day notice requirement pursuant to the Agreement.

8. Defendant has assented to the correctness of the account stated by the facts and
circumstances.
9. No part of the account has been paid, and there is due Plaintiffs from Defendant

Heather Dunn the sum of $1,866.99.

Page 2 of 410. This Complaint and subsequent communications may constitute a communication
from a debt collector. Any information will be used for the purpose of debt collection.
(See Notice attached hereto as Exhibit C.)
COUNT II: CAUSE OF ACTION ON BREACH OF CONTRACT
11. Plaintiffs reincorporate the allegations of numbered paragraphs 1 through 10
herein as if fully restated.
12. Defendant has failed to make payments due for boarding and stabling services as
provided in the Agreement (attached as Exhibit A hereto) with Plaintiffs, thereby
breaching the contract with Plaintiffs.
13. During the removal of her horse from Plaintiffs’ facility on July 31, 2007,
Defendant caused the stall where her horse was kept to be badly damaged and in need of
extensive repair. The amount of the necessary repairs is, as of the filing of this
Complaint, undetermined.
14. Defendant is responsible for any damages that she caused during the breach of the
contract with Plaintiffs.
15. Defendant’s destructive conduct during the removal of her horse was wanton and
reckless.
16. Section 9 of the Agreement states as follows:
Owner shall indemnify and hold harmless [Wingate Farm] and all

persons associated therewith, for any losses and expenses of any kind,

including attorney’s fees, incurred by them in the defense of, or as a result

of, any and all claims, demands, causes of action, actions, debts, liabilities,

damages, costs and expenses, whether in law or equity, whether known or

unknown, whether accrued to date or to accrue in the future, arising out of,

connected with, the boarding of the horse(s), or otherwise resulting from
the performance of this Agreement.

Page 3 of 417. Section 9 of the Agreement allows Plaintiffs to recover their attorney’s fees for

 

8 any causes of action (including breach of contract) that may arise as a result of

@ Defendant’s conduct.

“ 18. Asaresult of Defendant’s breach of contract, there is due Plaintiffs from

a

3 Defendant Dunn the sum of $1,866.99 for unpaid boarding fees, plus the cost of the

ny
repairs of the damaged stall where Defendant’s horse was kept, and whatever attorney’s

fees that result from Plaintiffs being forced to bring this action.

WHEREFORE, Plaintiff demands judgment on Counts I and II against
Defendant Heather Dunn in the sum of $1,866.99, along with the cost of the repairs for
the damaged stall, plus punitive damages for Defendants wanton and reckless conduct on
July 31, 2007, attorney fees and costs pursuant to Section 9 of the Agreement, and for

such other relief the Court deem just and equitable.

 

E-Mail: frett(@ farmlawvers.com
- TROY A. CALLICOAT (0076279)

E-Mail: tcallicoat@farmlawyers.com
BARRETT, EASTERDAY,
CUNNINGHAM & ESELGROTH LLP
7269 Sawmill Road, Ste. 100

Dublin, Ohio 43016

Telephone: 614-210-1840

Facsimile: 614-210-1841

Attorneys for Plaintiffs

Page 4 of 4@ @

Wingate Farm (WF) OWNER(S,

5106 Miller-Paul Road Heather Dunn
Westerville, Ohio 43082 101 n. Highview Blvd.
614/589-7434 Pataskala, Ohio 43054-9607

HDYCAd TT C.(614)560-9106

 
  

 

DATE: February 3, 200% DATE: February 3, 2007.

WITNESS:

DATE: February 3, 2007

ATTACHMENT 'A"
STABLING AND BOARDING AGREEMENT

1. GENERAL INFORMATION ON HORSE:
Horse(s) name(s) Lamelendane Kam mY "

Breed of forse(s [hg Lehner
Registration number: OS A -f -M) lv le }

Color and identifying marks: Black, , lem , SnD

Sex Mare Age: 12 Foaled: lay oS 14 Fef

2. THE HORSE HAS RECEIVED THE FOLLOWING IMMUNIZATIONS
AND/OR. TEST ON THE DATES INDICATED OR PROVIDE A THIRTY (30)
DAY VET CHECK, FORM: for the year 2007

Flu: yes Tetanus: yes Rhino: yes = E.W* yes

May Mt DObeheld be B+

SWGrS0.

enero

  

Vee
WINGATE FARM ®©'" geBisisis
5106 Miller-Paul Road Westerville, Oftio 43082
Telephone # 614/589-7434 Fax # 614/799-7979

BD ingateF« m_email: carlsonequinet 0@yahoo.com
Training Boark Full Goard, Hunters, jumpers, Sales, Leasing, Horse Training, Cfinic, Dressage, Riding Lessons, Birthday

Parties and Summer Camps.
Copyright © 2006-2007 Wingate Faon/ Carton's Sports Center, alfriphis reserved,

   

“STABLING AND BOARDING AGREEMENT”

This Agreement is made and entered into on February 1, 2007, by and Between Wingate Farm,
hiréiiafter referred to as “WF”, located at 5106 Miller-Paul Road, Powell, Ohio 43082 and

Mrs. Heather Dunn, SSN.) > _ _ Required at 101 North
Highview Pataskala, Ofio 43062

Home Telephone # (644)
Celt # (614)

Credit Card # for barn records
Drivers License # _— Required
Hereinafter referred to as “Owner.

 

_ Vode

 

How therefore, on consideration of the mutual promises hereinafter set forth, the parties hereto
agree as follows:

1. STABLING: WF agrees to provide to Owner(s) One (1) stall(s) such stall{s) to be assigned and/or
reassigned at WF s sole discretion, for the express purpose of boarding Qumer’s forse(s) (See
Attachment TA” for General Information on Horse and Initial Board Requirements.)

‘The stabling shall commence on February 1, 2007, and shall continue from month to month thereafter
unless either party shall notify the othier, in writing, by Certified Mail with Return Signature
Receipt, that he/she elects to have the Agreement terminate at the end of a given month, which
notice must be given Sixty (60) days prior to the end of the month. Stabling payments are due onor
before the first day of the month and Owner(s) agrees to pay to Wingate Farm Inc, asa stabling and
board fee for cach stall assigned, the sum of;

Eight Hundred and Fifty Dollars ($850.00) per stall/per month of this Agreement. (Beginning
Payments for Agreements commencing on other than the first day of the month will be provated basede e

upon the actual days in the starting month.) Monthly payments not received by WF by the first day ;
of the month shall be assessed a Fifty Dollars ($50.00) late fee per stall, per each month. AIT ‘
payments and fees should be made payable to Courtney Carlson and should 6e made at the facility or

at other such place as designated by (WE). The Owner agrees that acceptance by (WE) of the monthly

payment after the due date shall in no manner constitute a waiver of the (WE) rights in the event of

Owner's failure to make payments as herein prescribed and agreed, nor will it 6e considered as a

change in the date upon which Owner is to pay said amounts. Furthermore, failure to demand the

payments when due shall not constitute a waiver by (WE), and the necessity of demand by (WE)

when the payment is overdue, is hereby waived,

2. INITIAL DEPOSIT: Upon execution of this Agreement, Owner shall pay to Wingate Farm an
initial deposit in the sum of;

Gant, undred and Fifty Dollars ($850.00), per stall which amount shall be refunded within thirty
(90) days after Oumer’s fiorse(3) are removed from Wingate Farm (WE) premises, providing the
Owner(s) is not in violation of any of the terms of this Agreement and. has no outstanding due balance,
Please note, your deposit does not draw any interest.

3. BOARDING PROVISIONS: WE shall provide to the Owner's horse(s) full board, which shall
include feeding, maintenance and cleaning the stalls) of, within established Facility practices, during
the term of this Agreement. When, in the opinion of W*, or its representatives, the animal{s) of the
Owner(s) is in need of emergency veterinary or farrier care, WE or hier representatives sole discretion,
will contact an veterinarian or farrier regularly used by (WE) for purposes of treating Owner's
animal{s). In all cases, Owner(s) shall be responsible for the payment(s) of veterinary and farrier
expenses and Owner(s) hereby authorizes Wingate Farm (WF) to act in their behalf in procuring said
veterinary and farrier services. Owner(s) further understands and acknowledges that (WE) shall not
be responsible for the health and Life of Owner's animals) and Owner(s) hereby releases (IVE) from any
and all claims whatsoever which may arise as a result of the above treatment, or any type of bart
injuries/accidents that may occur, including but not fimited to claims concerning the quality of care
rendered By the veterinarian or farrier, (WF) and our staff/representatives. Owmer(s) agrees to
indemnify, defend and hold (WE) harmless from any and all claims, including those for veterinary or
farvier services etc. rendered, that may arise due to a veterinarian’s or furniers treatment of Owner's
horse(s) as stated hereinabove.

4. OTHER CHARGES AND GILLING: Owner(s) will be billed periodically (usually monthby) for
extra and additional charges for services requested or imcurred with respect to the horse(s) during the
applicable billing period. Owner(s) shall remit to (WE) the total amount indicated upon the billing as
soon as possible after receipt, Gut in no event later than the first of eack month. (WT) reserves the
right to charge interest on all past due balances at the rate of Twenty Eight point Twenty Five
percent (28.25%) annum. (Correspond montfify periodic rate of 2.3542%) or, in the event of
delinquency, 34.25 (corresponding monthly periodic rate of 2.8542%) . Method of computing the
balance is average daily balance.7)

 

9
D
©
3
2
D
5
=}
ay
a

5. CONDITION OF STABLE AND FACILITIES: Owner(s), fereby

acknowledges that he has inspected and accepts the premises in its present condition at the date of the
execution of this Agreement. Upon termination of this Agreement Owner(s) shall return to (WE) the
stall(s) in the same condition of repair as the date of execution hereof, reasonable wear and tear
accepted. Owmer(s) shall be responsible and indemnify, defend and hold (WE) harmless + for all damage
or injury to the facility or any property or person(s) caused By the Owner, the Owner's horse(s), family,
guests, employees, or other person(s). If horse Owner(s) elect to fire any outside services to perform
any ditties or services etc., florse Owner(s) will 6e responsible for all insurance coverage of
subcontractors and will provide (W) a copy of their Oftio Bureau of Worker's Compensation
Certificate and | General Liability Insurance Coverage with a minimum amount of $3,000.000.00
Dollars for loss resulting in bodily injury to or

death of person(s), or damage to or destruction of property. All policies of msurance required by this
paragraph to by secured by the fiorse(s) Owner(s) shall provide that (WF) is an insured, and that the
same shall not 6e subject to cancellation, termination or change without sixty (60) days prior written
noticeto (WE... . Fe :

6. RULES AND REGULATIONS: owner(s) family and guests shall 6e responsible for following
and abiding 6y all rales and regulations as established from time to time by (WE) for the operation of

the facility and premises.

7. TERMINATION:(WE), in their sole discretion, shall have the right to terminate this Agreement
immediately and without notice upon the happening of one or more of the following conditions:

A. Non-payment of rent pursuant to this Agreement by Owner(s) for more than fifteen
(15) days after the due date of said rental Agreement;

B. Failure of the Owner(s) to follow the rules and regulations of the facility;

C. In the event of iff health of Owner's animals);

D. Owner's failure to provide medical treatment for the animals) and/or Owner's failure to
reimburse WE for medical treatment or services provided to Owner's antmal{s);

E. When WE shall deem it in the best interest of other animals/customers in the stable that Owner's
animals) be removed :

8 LIABILITY: Owner(s) releases and relieves WF from any and all Giability to Owner's
employees, guests invitees or members of their families, from any loss, damage, or injury to their
property or person(s) on the premises or in the building or on the grounds of which the premises
are a part, occurring by, through or in connection with theft, burglary, assault, or any other act,
or from fire, eat or cold, or from water, rain, snow or other substances which may feaR,into or
drop or issue flow from any part of said building or from any other place on said premises or
arising from any other cause whatever. WF shall not be liable for any damage or injury to the
forse(s), Owner, or third parties from any cause whatsoever in connection with the Agreement,
including, but not limited to, loss by fire, theft, vandalism, running away, death or injury
whether the hiorse(s) 6e on the premises or not. Owner shall 6e solely responsible for all acts and
behavior of the forse(s) at all times and under no circumstances shall WF be fable for the horse(s)
acts and behavior. WF shall not be responsible for any loss incurred by Owner(s) or by any guesta
fil
th

oO
(D
oO
=
oO

ti

t . ‘

of Owner(s) due to theft of, or damage to or from any cause whatsoever to, tack, equipment, or
other personal property.

9. INDEMNIFICATION: Owner shall indemnify and fold harmless WF and all persons
associated therewith, for any losses and expenses of any kind, including attorney's fees, incurred by
them in defense of, or as a result of, any and all claims, demands, causes of action, actions, debts,
fiabifities, damages, costs and expenses, whether in law or in equity, whether Rnown or unkpown,
whether accrued to date or to accrue in the future, arising out of, connected with, the boarding of thie
horse(s), or otherwise resulting from the performance of this Agreement.

10. OWNERSHIP: Owner specifically represents that she/he is the Owner(s) of the horse(s) and
tfat there is not now any fien or other encumbrance against the horse(s) (except as noted on the
Statement attached) and that the horse(s) has/have not been exposed to any infectious diseases within
the last sixty (60) days prior to the delivery to WF premises.

11. LIEN FOR CHARGES: WF shall have a fien of the horse(s) and any personal property for all
unpaid rent and other charges incurred with respect to this Agreement, In the event that balances due
are not paid within fifteen (15) days after they become due and (payable under this Agreement, WE
may exercise its lien rights, and, in connection therewith, may dispose of the horse(s) and personal
property for any and all unpaid charges, at public sale, after ten (10) days notice by registered mail to
the Owner's address fisted herein, of such unpaid charges. In the event that such sale does not secure
sufficient proceeds to pay the unpaid balances, plus costs of sale. Owmer(s) shall pay to WF the

difference.

12. REMOVAL OF PROPERTY. Upon termination of this Agreement as provided herein, Owner
shall remove his/her hiorse(s) and