Dog breeders given lifetime ban by AKC - Emmaus, PA

Saturday, Jul 31, 2004

County: Lehigh

Disposition: Civil Case

Persons of Interest:
» Derbe Eckhart
» Lorrie M Eckhardt
» Mona Lisa Potzman - Not Charged

Case Updates: 2 update(s) available

The American Kennel Club (AKC) has been granted a permanent injunction and damages totaling nearly $9,000 in its civil suit against Derbe and Lorrie Eckhart of Upper Milford Township, PA.

The injunction bars the Eckharts from using the AKC name in connection with their dog breeding operation and the damages includeexpenses associated with investigating the case and contacting affected customers. Judge Thomas Wallitsch of Lehigh County, PA issued the ruling after hearing testimony from a number of AKC witnesses as well as the Eckharts.

Issued on July 29, 2004, the judge's opinion stated: "Derbe and Lorrie Eckhart, individually and collectively, made fraudulent misrepresentations with regard to their status with the AKC," and that "entry of a permanent injunction will serve the public interest in that it will protect the rights of innocent third party-purchasers of dogs.""This ruling upholds the AKC Rules and Regulations that have been put in place to ensure the integrity of our registry," said Dennis B. Sprung, AKC President and CEO. "This case demonstrates the excellent work of our Compliance and Legal departments,who have come together to present a compelling case whose outcome will ultimately protect those seeking AKC-registered dogs, as well as the reputation and interests of our organization."

Derbe Eckhart was suspended by the AKC for an indefinite period in January, 1989 for violation of AKC Rules and Regulations for record keeping and identification of dogs. In 1994 the AKC received word that he was convicted of animal neglect and that he was circumventing his suspension. At that time he was suspended of AKC privileges until 2019.

In 2002, the AKC was informed that Eckhart was falsely representing himself in order to obtain registrations for his dogs. An inspector investigated the situation and determined that he was registering dogs, fraudulently, under the name Skip Eckhart. As a result, all dogs and litters from Mr. Eckhart's operation that were registered from 1994 were canceled. The individuals who owned those dogs received letters from the AKC explaining the situation. In August 2002, the AKC Board of Directors approved a "hardship policy" which allowed reinstatement of affected dogs whose parentage was not in question and were not owned or co-owned by the Eckharts.

In September 2002, the AKC filed a civil suit against the Eckharts and was granted a temporary injunction pending this trial.

Case Updates

Agents with the Pennsylvania SPCA entered a Lehigh County dog kennel shortly after 1:30 p.m. in what some believe could be the largest puppy mill raid ever in the state. Agents were executing search warrants at the Almost Heaven Kennel in Emmaus, near Allentown, this afternoon after a two month undercover investigation reportedly showed inhumane treatment there. The kennel specializes in breeding poodles and Labrador retrievers. In August, the business had 508 dogs at the property on Chestnut Street, state records show. The owner of the kennel, Derbe Eckhart, has a long history of run ins with state and local authorities and has been convicted at least twice of animal cruelty. "Early reports show that conditions are horrendous," said Howard Nelson, president of the Pennsylvania SPCA moments after agents entered the property. Agents, he said, were reporting filthy living conditions and that they witnessed several dying puppies and dogs with bad skin conditions.

Source: Pet-Abuse.Com - Oct 1, 2008 Update posted on Oct 1, 2008 - 5:49PM

Reid Izaguirre of Bayside, N.Y., says she wanted the best for her long-haired miniature dachshund, Gizmo. Izaguirre has multiple sclerosis, and as her condition deteriorated, she finally decided she couldn't give Gizmo the care and exercise he deserved. �"It's not fair for him to have to sit in the house all day," she explained. So she set about finding her 5-year-old dog a better home. �A friend in the Bronx was interested, but the friend lived in a high-rise apartment, and Izaguirre wanted someplace where her dog could run. She advertised a few weeks ago at an Internet site for pet adoptions. �The next day, she got a response from someone named Lisa, who said she lived in Kutztown. �Lisa's screen name was [email protected]. Lisa painted an idyllic picture, Izaguirre says. �Lisa was interested in Gizmo because she had lost a dachshund and wanted another one. �"She had five kids, she was a stay-at-home mom and she had a 1-acre fenced-in yard. �She also mentioned she has a trailer or camper they love to go camping with and she wanted to take Gizmo with her. " It sounded great. �And even though Izaguirre had paid $750 for her dog five years before, she gave him to Lisa for nothing. �"I couldn't think of a price tag to put on him because I loved him so much. " Izaguirre arranged to meet Lisa in the parking lot of McDonald's in Easton. �She said, "I met her husband and three of her children, and she gave me the impression she couldn't wait to have Gizmo, and he would be a wonderful addition to her family. " Still, Izaguirre had tears in her eyes as she walked away from her dog. What she didn't know was that Gizmo, the children, the stay-at-home mom and the fenced-in yard wouldn't have much time to get acquainted. Instead of adopting the dog herself, Lisa -- her full name is Mona Lisa Potzman -- delivered the dog to Almost Heaven kennel, the controversial Emmaus operation that was the subject of a flurry of negative publicity this summer because of owner Derbe "Skip" Eckhart 's past animal abuse convictions and his suspension by the American Kennel Club. �There, the dog was sold as part of Eckhart 's "rescue" operation, where some dogs are advertised for as much as $400. "I felt swindled," a guilt-ridden Izaguirre told me after learning what had happened. "I could have given Gizmo to a good family who would love him and take care of him, and instead I gave him to a woman who used him as a business. �I betrayed my dog. �He was like my fourth son. " In fact, over the past couple of weeks, Columnist Bill White has talked to several pet owners who were approached by Potzman -- identifying herself as either Lisa or Mona -- when they advertised animals for adoption, mostly on a free-to-a-good-home basis. �She told all of them the same story. �Stay-at-home mom. �Big fenced yard. �Kids dying to have a dog. "Papers are no biggy," she e-mailed Beverly Kehoe of West Milford, N.J., who had advertised her basset hound, Eleanor, in the classified section at Petfinder.com. �"If you have them bring them if not dont worry. �Just as long as you have a clue to her date of birth. �So when its her birthday we can buy her treats too. �LOL my 8 year old son is so excited about her. �I showed her pic to him and he is so happy. " With Kehoe, she was "Mona. " Meanwhile, Lisa/Mona was sending instant messages to a longtime friend revealing other plans for the dog. �In a flurry of messages after the friend, Michelle Miller of Lindenwold, N.J., had walked away from her computer, Potzman wrote: "AlwaysForever97: im getting some mutts "AlwaysForever97: a basset hound and 2 purebred collies 1 is 1 year old and 1 is 5 months old all free "AlwaysForever97: skip is taking them all for 100 each so im thinking about taking the sheltie back and getting a golden puppy for it all. " White states that he has copies of several such messages about Potzman's transactions -- all supplied by Miller -- both Potzman and Eckhart say she gives him the dogs free. Lisa/Mona told the same appealing story to Sheila Johnson of Somerset, N.J.; Dianna Lewis of Hagerstown, Md., who was seeking a home for the two collies in the message; Debbie Seigfried of Myerstown, Berks County; Patricia Kepner of Quakertown; Nicole Furedini of Washington Township, N.J.; and others. Kepner, who is going through a bankruptcy and said she couldn't continue to care for all her pets, brought her schnauzer Buddy to Potzman's home, and even took Potzman's picture with the dog. �Michelle Miller, who phoned the Potzman home during the meeting and right afterward, told me that 10 minutes after Kepner left, Potzman and Buddy were on their way to Almost Heaven . Seigfried and Furedini also turned their dogs over to Potzman. �The others either decided to give their dogs to other adopters or were warned by Miller in time about Potzman's intentions. When Lewis became suspicious and decided not to let Potzman have two collies she had been asked to find a good home for as their pet-sitter, �Potzman tried to make her feel guilty, claiming in an angry e-mail that she had spent $70 on things for the dogs and she wasn't sure how to break the news to her children. "[The dogs] would have had such a wonderful home," she wrote. After learning the truth, Lewis told White, "She's lucky she doesn't live close to me, because I'm quite fiery. �If she would have gotten my dogs, I would have been up there searching every house. " Miller, who says she had been Potzman's friend for 15 years, said she decided to blow the whistle recently after inquiring about Kehoe's basset hound -- and learning that Potzman had the inside track on the dog and planned to turn it over to Eckhart . "I legitimately wanted that dog for my daughter," Miller says, "and when I saw she was getting that dog just to sell, I thought I've had enough of this, her profiting from her lies. " She said Potzman has been picking up free dogs and selling them for years. Miller called Kehoe, who in turn confronted Potzman online -- and called White because one of his Almost Heaven columns came up on her Internet search. �When Miller learned White was willing to investigate, she told him what she knew and began looking up Potzman's Internet ads and tracking down the owners of other dogs Potzman had told her about, spreading the word about the dogs' intended destination. Meanwhile, Kehoe was posting one of two warnings about Potzman at Petfinder.com, the Internet's largest and oldest directory of adoptable pets. Kehoe's message, and Mona/Lisa's reply, were in all capital letters, and written, no spelling/grammar corrected: "Hey," Kehoe's Petfinder message began, "if anyone wants the real scoop on Mona and AlwaysForever97, just email me. �If she wasn't doing anything wrong with your pets then why would she lie about why she wants the pet, she went on and on about her 8 yr old son and wanting the dogs birthdate so he could buy her treats for her bday, and the big fenced in yard she was going to have, what she didn't say in her email was that she was making 100 bucks to sell her to the kennel who is also a breeder � " Potzman's reply to her critics also was posted at Petfinder.com: "To all you slanders out there. �I do not sell dog!!!!!! �I work for the owner of a kennel and we rescue dogs in need of homes. �We have saved alot of dogs out there from being destroyed and found them loving homes I do not make a profit out of this. �I travel and pay for my own exspences � I sick of all the lies about me and Skip Eckert and if you all want to slander us then watch out for a law suit on you. �I have done nothing legally wrong at least I saved your pets from going to deaths row at a sheilter � If this slandering doesnt stop I will find you and take the nesserary step nexts to sew you all. " When White finally called Potzman at her Bowers, Berks County, home to get her side of the story, she threatened to get her lawyer after White for using her private number. "I have nothing to say," she said. �"I pick dogs up for Skip and he rescues them. " She said she doesn't sell them to him. As for her representations about what a great home she could make for the dogs, she said, "You tell people to see the property I have. �I'm not lying. �I do have a fenced-in yard. �I do have kids. " When White questioned her by stating "So what? �The dog won't live with you. �Isn't that dishonest? "I don't see nothing wrong with it," she said. She said she's just a friend doing a favor for Eckhart because she loves animals. �"He had asked me to pick up dogs for him," she said. �"I just drive my vehicle, pick them up and give them to him. �He does not give me no money for them. " She said Eckhart finds good homes for the animals. �"In my heart, I felt I was rescuing them. " She also admitted she has advertised dogs for sale herself in the past, but said she was just doing it as a favor to Eckhart . �He agreed she has advertised dogs for him. White states that he didn't get to ask Potzman about the exchanges of Internet instant messages with Miller. �In one exchange Miller sent to White, Miller asked Potzman about a "rescued" English sheepdog that Eckhart had advertised for $400. "i got him free," Potzman wrote. "skip gave me 100. " "They could have sold him," Miller replied. �"Damn he is making 300 on that. " "Ya no [bleep] but she lived in a small condo cause she was getting a divorce and had to move," Potzman wrote. "How did you find that for free? " Miller asked. "You find a lot of good dogs for free," Potzman answered. When White tried to call Potzman back to discuss the messages, her daughter told White to leave them alone and hung up on him. �Later, Potzman had the number disconnected, along with her AlwaysForever e-mail address and at least one of its successors. Eckhart told White he had no idea she was misrepresenting where the dogs would end up until a couple of weeks ago, when Buddy's owner, Patricia Kepner, showed up at Almost Heaven to find out where he was. �He told Kepner the dog had been sold to a good home. Eckhart told White, "[Potzman has] brought dogs here already that she's rescued. �But I don't pay her for them. �I don't pay for rescue dogs. " He said he has paid her for puppies that weren't intended for his rescue operation. When White interviewed him earlier this summer, Eckhart denied taking in free-to-a-good-home dogs and selling them as rescue dogs. �He stood by that when White contacted him about Potzman. �"I don't go looking for the dogs," he said. Since White started working on this story, he says that all of the people he has talked to who gave dogs to Potzman have been updated on what happened to the animals, either by himself, or by contacting Eckhart directly. � For Reid Izaguirre, it was particularly reassuring to hear that Eckhart said Gizmo had been sold to a very good home. Still, she remains bitter about the way Potzman took advantage of her trust. "I took her at face value like an idiot," Izaguirre said. �"I'm not a vindictive person, but I really would like to see her pay." Pennsylvania has a Lemon Law for dogs, with civil penalties of up to $1,000 per violation. Dog sellers are required to provide the buyer with a copy of this law, as well as to post a copy prominently in their place of business. White says that he has received new allegations, relating to the Dog Purchaser Protection Act, aka the Puppy Lemon Law. He states that one of the customers has filed a complaint with the Bureau of Consumer Protection. The law provides that if, within 10 days, your dog is determined by a veterinarian to have a contagious, infectious or parasitic illness or becomes clinically ill, you can return the dog for a refund, get a replacement dog or keep the dog and be reimbursed for reasonable vet fees. �The same applies if, within 30 days, the dog dies or is determined to have a congenital or hereditary defect. White states that he has copies of purchase agreements from two Almost Heaven customers who say they received no copy of this law. �Their contracts appeared to require them to sign away their rights under the law. Kenneth and Jean Choquette of Salisbury Township decided to buy a puppy labradoodle -- Labrador retriever-poodle mix -- at Almost Heaven last month for $1,200. �Ken Choquette said they received no copy of the state law. �He was required to initial this contract, paragraph by paragraph. The contract says, "If said animal would be found to have any parasites or anything not life threatening (example: fleas, worms, skin irritations, kennel cough, coccidia, giardia, or ear mites, etc.) it is the buyers responsibility to treat these or any similar at buyers expense. [wrong, under the law] � From the time of sale, Almost Heaven will NOT be responsible for any vet expenses incurred." [Wrong.] Later, it reiterates, "From the time of sale, the buyer is responsible for any and all vet fees for said animal as Almost Heaven will not pay any vet expenses." [Wrong.] Almost Heaven also makes up its own rules regarding dogs with serious defects. �"The buyer agrees to have this animal examined by a licensed veterinarian within 72 hours from the date of sale [wrong]. �If � a licensed veterinarian finds the animal to have a serious defect that was not demonstrated by Almost Heaven , then the animal should be returned to Almost Heaven within 24 hours of vet visit [wrong]. �The animal will be REPLACED with another of same value � [this should not be the only option]. �If said animal is not seen by a licensed veterinarian within 72 hours (unless otherwise specified) all guarantees are voided and said animal is not Almost Heaven's responsibility and no monies shall be refunded." [Wrong] White received a copy of a contract used in the sale of an Irish setter purchased for $250 from Almost Heaven 's "rescue" operation. This "rescue" delineation, intended to distinguish the sales of older dogs from the puppies bred in-house, always has struck me as questionable in light of the hefty prices charged in some cases and the methods used to obtain some of these dogs. �As documented in stories White wrote in 2002, they included a local woman who misrepresented her intentions to obtain dogs that had been advertised free-to-a-good-home. �They ended up with Eckhart , who sold them for hundreds of dollars apiece. This setter, nearly 4 years old, was billed as the Eckhart family's pet. � Eckhart told me it belonged to his roommate, who gave the dog up because he didn't have time to care for her. Unlike the people who bought the puppy, the buyer of the setter had concerns about Almost Heaven from the start. �Shawn Chambers-Galis of Mount Joy, Lancaster County, is a setter fancier who heard the kennel had a setter, was familiar with its reputation, and said, "I wanted this animal away from them. �That was my main motivation. " The dog, who was named Allie, weighed only 37.2 pounds, way below the breed average of 60-70 pounds, although Eckhart says she's a field dog, which tend to be much smaller than setters bred for show. �Chambers-Galis says Allie's coat was filthy with mud and feces, and that her veterinarian later determined that the dog had worms, fleas and open sores all over the chest and under her ears. "I could not believe how small and how undernourished this dog is," Chambers-Galis said. �She said the dog was so filthy that they've bathed her several times and the smell still lingers. Eckhart disputes all that. �He said Allie was well cared for. �"She's a wonderful dog," he said. �"That dog means a lot to us. " The $250 charge, which was non-negotiable, nonetheless is portrayed as a "donation" on the "rescue" contract. �The terms of the contract seem to suggest that the Dog Purchaser Protection Act doesn't apply, which is true for real nonprofit rescue organizations but not for licensed dog sellers such as Almost Heaven . �Among other things, the agreement says, " Almost Heaven is NOT responsible for any problems, defects or illnesses this animal may possess. " That would put it in a direct contradiction with state law. Chambers-Galis said she had difficulty getting information from the kennel about Allie's birth date, registration, medical records and full vaccination records. �As a result, she temporarily stopped payment on her check to Almost Heaven , until she finally got the required information late last week. �She also said she filed a complaint with the state Bureau of Consumer Protection. Barbara Petito of the state attorney general's office said they cannot confirm whether complaints have been filed. The contracts lay out rights for buyers that are watered down considerably from their actual rights under the state's dog Lemon Law. �In addition, buyers aren't provided with copies of the Dog Purchaser Protection Act, as it's formally known, at time of purchase as required by the law. Derbe "Skip" Eckhart , controversial proprietor of Almost Heaven , has been the subject of many news stories regarding his conflict with the American Kennel Club, his state license in light of his citations for animal abuse and neglect during his early days in the kennel business, the way his "rescue" dogs are procured, and allegations about sick or misrepresented animals. The AKC sued him in 2002, and the case still hasn't been resolved. � Eckhart told White that he has dropped his original attorney and hired John Karoly to represent him. Eckhart said he wasn't aware that he was supposed to supply buyers with a copy of the law, but he said it is displayed at the counter of his kennel. �He pointed out that his regular sales contract actually extends a better guarantee than required under the law for dogs with life-threatening congenital defects. He didn't have much of an answer, though, as to why his contract provides less consumer protection in several areas than is required by the state. For example, the contract makes the point more than once that Almost Heaven is not responsible for any veterinary expenses, even though the law says that billing the seller for responsible vet expenses is one option when dogs have a contagious, infectious or parasitic illnesses or become clinically ill. �The buyer also can return the dog for a complete refund, another option not extended by the contract. �It offers only to replace a dog if it's found to have a serious defect. The rescue sales agreement is even more emphatic. �It says, " Almost Heaven is NOT responsible for any problems, defects or illnesses this animal may possess. " Later, it says, "NO REFUNDS -- NO EXCEPTIONS. " For emphasis, the buyer is required to sign there. Eckhart told White that none of this is designed to have the buyer sign away any rights. "The Lemon Law is still there, no matter what," he said. �"You can't override the law. " Isn't that deceiving the consumers, then, about their rights? "There's a public notice right on the counter with the Lemon Law," he said. He said the kennel would provide a refund if a "rescue" dog proved to be seriously ill, although "NO REFUNDS -- NO EXCEPTIONS" seems to suggest otherwise. Seth Mendelsohn, senior deputy attorney general, said it's important that consumers know about the law, because the deadlines it sets -- for having your new dog evaluated by a vet, for example -- are tight. "Consumers really need to become educated on this before they go in," he said. �He wouldn't discuss Almost Heaven specifically, but said in general that although dog sellers can exceed the law's protections, they can't go below the minimums. "What the law really does is set the floor," he told White. � Mendelsohn said, "In general, when we see a contract where consumers are perhaps misled about what the terms of the law are, that's going to be a concern of the attorney general's office. �When that happens to consumers, we want to hear from them. " Eckhart acknowledged, "Nobody is perfect. " But he concluded, "I produce healthy puppies. �Everything is going good." White says that he has been bombarded with stories about people's experiences -- mostly bad -- with Derbe "Skip" Eckhart and his Almost Heaven dog kennel in Emmaus. White says he hears new stories every time he writes about the place. White concludes that it is a terrible idea to buy your puppy from a pet shop, and on the farm region puppy mills that churn out dogs under gruesome conditions and supply many of the pet stores. White says that several callers have asked h im for advice about whether they have recourse under Pennsylvania's Puppy Lemon Law. �If you want to check on your rights -- preferably before you go out and buy a dog -- go to this Web site: �You'll find links there to all the information you'll need. If you weren't provided with a copy of the law, if one wasn't prominently displayed in the place where you bought your dog and especially if you were misled about your rights, you should consider filing a complaint with the state Bureau of Consumer Protection. �You can do that online at or call the local office at 610-821-6690. If, within 30 days of purchase, a licensed veterinarian determines that your dog has a congenital or hereditary defect that adversely affects the animal's health, or that your dog died from a congenital or hereditary defect, you have the options of returning your dog for a refund, exchanging it for a replacement dog, or -- the most likely course for dog lovers -- being reimbursed for reasonable veterinary fees, not exceeding the purchase price. The problem with that provision is that 30 days is not nearly long enough for many congenital/hereditary defects to turn up. � White says that he has heard from readers whose experiences demonstrate this, including Gail Stofko, who told White, "We purchased a 10-week-old Irish Setter from [a breeder] in Fredericksburg, Pa., on July 4, 2003. �Around October, we discovered that our dog was falling quite a bit, and almost had a bunny hop-type gait. �On Thanksgiving, when our grandchildren were visiting, and after playing outside with them, she came into the house and lay down (abnormal for a puppy). �When she tried to get up from the floor, she found out she couldn't, and cried while trying. "The results of hip X-rays show that she has severe hip dysplasia (her ball and sockets are not connected). �Our vet also said that hip dysplasia doesn't really show up until puppies are between 7 and 8 months old. �What our puppy will require is a double hip replacement to correct the problem. " She called the breeder, advised her of the dog's condition and suggested she stop breeding the dogs who produced her puppy. "We do not want to see anyone else go through this," Stofko wrote. �"Do you know what it is to see a puppy who can't sit up straight, who falls, and can't turn properly? �It makes you cry watching her. �We will not put her to sleep, and will have her hips operated on, and you can imagine the cost to do this. " Skip Eckhart agrees a month's guarantee against hereditary defects is inadequate. White reported that his puppy contract shortchanges consumers in many areas, but in this respect, it improves on state law by giving buyers a year's guarantee. �The state Legislature should amend the Lemon Law to extend that basic protection to all dog buyers in Pennsylvania. Bill White can be contacted at [email protected] 610-861-3632

Source: The Miorning Call - May 2006 Update posted on Jun 6, 2006 - 2:13AM

References

• - August 3, 2004

« PA State Animal Cruelty Map
« More cases in Lehigh County, PA

Note: Classifications and other fields should not be used to determine what specific charges the suspect is facing or was convicted of - they are for research and statistical purposes only. The case report and subsequent updates outline the specific charges. Charges referenced in the original case report may be modified throughout the course of the investigation or trial, so case updates, when available, should always be considered the most accurate reflection of charges.

For more information regarding classifications and usage of this database, please visit the database notes and disclaimer.