My experiences with Xena Vimercati started in October of 2002. She wanted to purchase 2 horses we had bred and raised. Both were weanlings at the time. They were full grown horses by the time she decided to pay the judgment I was awarded in court three times. Instead of doing what was right from the very beginning, Xena chose to carry on a fight to the bitter end, and filed two appeals . At the very beginning of this insanity I made a decision that it wasn't the money that was important to me. It was the principal of it. I sold her the two horses with the understanding that I would keep them for a "few" weeks until she could get a transporter her to pick them up.
_________________________________Xena's Email Asking for a "Few" weeks____________________.
In a message dated 11/8/2002 8:03:04 PM Pacific Standard Time, ncrosscut@tbscc.com writes:
Was wondering if you changed your mind about the filly and colt?, as I've not heard anything from you the past few days.
The Following was received by return email from Xena
LOL.. I just came in to e-mail you. I have the $ made out to Colleen Crosscut for $XXXXXX #0723801928. It has been raining here and we live in the opposite direction of my bank. I have it here ready to go. I wanted to ask you if there were going to be registered with the ASHA and Pinto Association and if those papers are guaranteed to arrive to me in my name? Also, due to weather constraints I do not know how fast I can get my hauler there to pick them up. If they had to stay a few weeks would it be all right? Lastly, can I get copies of the parents papers on the filly and colt and photos if you have them. I love having genealogy information on my horses. No worries though, her certified cashiers check is here in her name and will be mailed tomorrow - the PO is in a whole different direction from the bank and myself so it was too late today to send it by the time I got back from getting the certified funds.
I will send it priority mail. You should receive it no later than Monday.
Regards & God Bless,
Xena
Mystic Fantasy Arabians
______________________________End of Email___________________________________________________
PLEASE NOTE ABOVE WHERE XENA ASKED FOR A FEW WEEKS.
This is how I measure time.
24 hours is 1 day
7 days is a week
2 weeks are a couple of weeks
3 weeks are a few weeks
4 weeks is a month
8 weeks is 2 months, etc.,etc.
I did as I agreed. I kept them for 3 weeks for her, free of charge.Then I fed and cared for them for another 5 weeks, free of charge. I did the necessary blood work in anticipation of the transporting the horses. Xena paid us for the horses, less a $500 trade for a breeding to a stallion(Hot Royal Knight )she had on a lease, purchase. She was to send us a breeding contract , marked paid. She did not do it. We waited for the contract. Xena started asking for bills of sale, registration papers, photos, pedigrees. We had agreed to do the ASHA papers. Xena then said she wanted to get them registered Pinto before the end of 2002. As we were trusting, we sent the ASHA registration papers in with Xena and Ivano as the owners. We sent Xena photos of the foals, pedigrees, etc. As we did not have the breeding contract from Xena, we did a bill of sale for the filly with the breeding mentioned as $500 of the agreement. We sent it to Xena and asked that she sign on the signature line and return it to us. SHE NEVER DID. Months later, after this escalated into a legal battle, she signed the contract we had give her, gave it to an attorney Ivano had hired locally, and tried to pass it off as though she had signed it in November of 2002.
Xena did not move the horses out in November, or December of 2002. I had asked numerous times about when they were leaving. Xena started saying she could not afford to move them because of the high freight charges. I found her numerous transports to take both foals over 2500 miles to Aguanga CA from PA for $1200-$1700. She did not secure any transport. Then on Dec. 31, 2002, Xena responed to my inquiry again about when the horses were leaving with another excuse her wedding being 4 weeks away and she had huge expenses for the wedding, flowers, reception, caterer. All the normal wedding expenses. They can be as large or as small as the bride wants it to be. Also Xena had to advertise her stallions for breeding for the next year. And then Christmas entered into it.
---------------------------------------------Xena's Email about the Wedding, etc._____Sent to me 12/31/02 __________
Dear Nancy:
I simply cannot pay that kind of money to transport them right now. That is the problem and why I figured if I gave back the filly I'd have the funds to bring the colt immediately. I DID finally get the info on them and my fiance was thrilled as he was getting really concerned. I did not realize it was so expensive to transport them to here when I found them and purchased them. I have to save for it and I am definitely working on it as I want them here very badly! Training time is passing fast for the colt and I really want to show him this spring with my black/white on our pinto circuit. However, I am 4 weeks from my wedding and I have had to pay for all of that "wedding" stuff and it is not something I can just put off or postpone paying (Church, catering, decorations, etc, etc, etc..). I am trying to get it done ASAP but I just did not have that kind of money extra lying around at Christmas time and with the wedding.. I also had all my stallion ads for stud come out in Dec/Jan/Feb that I had to pay for at the end of Nov.. without the stallion promotions.. we had no breedings.. so I had to do that too.. It was a lot of outgoing expenses all at once from Nov until Jan with not a lot coming in as they do not actually book the breedings until usually February and people do not buy horses here in the rain - usually from Dec until Feb. SO the income is slow and the outgoing has been huge, the wedding definitely is a large added abnormal expense. I am doing the best I can to get all the funds for a transporter.. I have some but I need more before I can get them transported. I am working on it and plan to do so just as soon as I possibly can.
I did not get the pinto registration applications for the filly and colt and the pinto registry does not take digital pics.. they must be regular film photos with the horse no larger and 3" x 3" in the photo - all sides. They are pretty particular. I did not know if you sent it in or not, but I thought you did not do pinto registrations so you were going to send it to me filled out with the photos for me to send in? Let me know about the pinto registration. I got a note from the ASB registration that the foals apps have been sent in but that they need additional information. I have no clue what additional information I need to send them on the foals? Do you know what they need? Should I contact them and see what they are needing from me?
I hope you had a great Christmas and a blessed and safe New Year!
Regards & God Bless,
Xena
Mystic Fantasy Arabians
_____________________________________End of Email _______________________________________________
I decided at that point that Xena wasn't my friend, relative, or anyone that I "owed" anything to. Why should her wedding, be any justification as to why I was stuck with the burdon of "raising and feeding her horses"? We had sold the horses very cheap so we didn't have to winter them. So I told her that if the horses remained here after Jan. 15th of 2003, that I expected to be paid board. I offered to only charge her what I would charge a boarder who cleans up after their own horse. That is only $135.00 per month. Instead of saying Thank You to me for keeping her horses for 8 weeks free of charge,(that was $880 worth of full care in my barn) I got the riot act. I had no right to charge her anything. She said she asked me to keep them until she could get them. Gee, where did the "few weeks" go? At that point if she had said, I'll be after them in a week or two even, I would have said fine, and our business deal could have ended peacefully.
_______________________________My email about board charges_On January 7, 2003 __________
When are you going to be able to pick these horses up?.
My board is $135 a month each horse, if they're here after 1/15/03. That
is full care.
My full care is normally $85 more per horse each month, that
includes cleaning, etc. Here in Pa. they have to be stalled in the winter.
Not like we have the S. CA weather where they can be outside.
_____________________________End of my email to Xena _________________________________________
_______________________________Xena's Answer about board, etc.____Jan. 15, 2003___________________
Nancy:
I am sorry but you are wrong and you have no legal leg to stand on. I do not have to, nor will I pay you any board, nor any more money on the horses, period. I withheld the breeding contract as I have nothing on the horses I have paid for. That is normal. You have my money, the horses and all paperwork.. what do I have? The horses? No!
We have an agreement, in writing, thus legal, for $3,500 for the two horses. No board, no additional $500, nothing. My lawyers have advised that when I do trasport the horses all I have to do is contact your local sheriff's office give them my paperwork and arrive with them to remove my horses from your property. If you have workers and such there as you said you do - it would be quite an embarrassment for you.
I have been up front, forthright and honest. You on the other hand have not been and I do not apprecite it and you have no right to suddenly charge me so much for boarding. Here for $220 we get a huge box stall w/run, feed, supplements, turn outs, cleaning, water, bathing and all the other bells and whistles. $220 is for a top show horse stall. Again, I do not have to nor will I pay board or any additional funds on the horses. I PAID FOR THEM IN FULL AS PER THE AGREEMENT.
I have not called you names so I do not know to what you are referring.
Bottom line, you have no legal leg or right to stand on. I can remove the horses from you place legally without paying you anything, not the $500 you think you are going to get, nor the board. I am trying to find another solution but all you want is money and I do not have it and if I don't have it I can't give it to you. I have repeatedly asked for a refund on the filly - refund my money and there is not a problem. You can, in no way, force me to pay board without a boarding contract. It was not in the agreement AT ALL and I even brought it up, thus my lawyers said I am covered in any way from any "board being understood via omission" aka, it was known, brought out and aksed if boarding fees would arise and it you NEVER asked for it or told that boarding would EVER be due, not in one single e-mail. They looked through every one!! I'd be happy to give you my lawyers phone number for you to talk to them, but I have been fully advised of my true legal rights. I do NOT have to pay you a penny in boarding fees and most certainly not another $500 on the horses. If you keep banging away at this stone the horses are going to be there longer, causing you more difficulties and not less for as long as you are hostile I am not sending anyone up there to get them and thus perpetuating and prolonging your troubles with their care.
If you want to work something out, fine! If you want to continue to beat a "dead horse", that is fine too and they will continue to be under your care free of charge as they are now. My lawyers have fully looked through all our communications, I am under NO obligation to pay you anything for board and DEFINITELY not $ on the filly. I have had other ideas, but as you are not in the frame of mind to compromise or work anything out, I have refrained from offering anything. When you decide and realize I do NOT have to do or pay you anything and that to work with me will get you a lot further than working against me, let me know and we can begin to work something out. Maybe contact your own lawyer and find out - I do not have to pay you anything, and it is best that we deal with this the best we can. I have offered to compensate you differently and I have severla ideas, but in no way will it be financially - period - nor am I obligated to in any way!
I prefer to not FORCE you to comply via the law and sheriff's dept., but if that ends up being the only route, I have been advised by my lawers on exactly the procedures to follow in that instance. This is not my choice of way to do this, I honestly prefer to work this out amicably between us. I have never had such difficulties in a horse purchase ever, nor met anyone so unwilling to work somethign out amicably, but it is your choice.
Regards & God Bless,
Xena
http://www.mysticfantasyarabians.com/
__________________________________End of Xena's Email to me on 1/15/03
Please note the areas underlined in red above - Like it's my fault she didn't come and get the horses in November or , December of 2002, or January of 2003. Also Xena says she isn't going to send anyone up here to get the horses as long as I am hostile.
__________________________________My Answer to Xena _____________________________________________
Dear Xena:
The purpose in selling these 2 horses at the price we did, was so we didn't have to winter them. Wintering a horse here in Pa. is much different than wintering a horse in Southern. California. I checked your weather in Aguanga (? spelling) You had 57 for highs and sometime this week up in the 70's, down in the 30's at night.
Our highest temperature this week is to be in the 20's and down to 13 -17 degrees at night. Wind chill is lower than that. We have about 18 inches of snow on the ground, and have had for almost 2 months. We occasionally had a melt off where the bare ground showed, but not for long. If a horse is turned out in this kind of weather, we are required by law to furnish food , water and shelter. Water here would freeze solid in just a few hours.
You apparently have no idea what you're saying that these horses should be kept outside with our weather conditions here.
So the horses stay inside. I won't put mine outside and I won't put yours out side either.
Thus the stalls have to be cleaned. This costs me money. I pay wages, Social Security, State and Federal Unemployment, vacation, Holiday pay, Workman Compensation. The more horses I have to clean up after, the more it costs me.
They are put outside on good days, but just for a few hours.
If I had left them outside, there is the matter of shelter. None....... need I say more? If these 2 horses had been left outside this week, they would not be in very good physical condition. It has snowed and have had blowing snow here all week.
I have talked to countless other horse people. The general consensus is that once a horse is purchased by anyone a month is sufficient. When you asked for a few weeks, I thought you actually meant a few weeks. The dictionary definition of a "few" is a low number. Once you go beyond 4 weeks we are now into a measurement of time called a month. Now we are into 2 months, and growing on 3 months.
If you couldn't afford to truck these horses, it was your responsibility to have checked that out prior to sending money for the horses. How was I to know you couldn't afford to transport them.? From your web site, I gather that you are not new to the horse business, as I also am not new . I certainly was aware of transportation costs and if you've sold horses yourself, you should have known, and if not shame on you.
I purchased a horse in Oklahoma 3-4 years ago. I told the owner up front, I will come and pick this horse up on Dec. 4th. Didn't matter that we had a blizzard here the day we left,, we left for Oklahoma. We picked the horse up on Dec. 4th.
I do not nor would I expect someone to keep a horse I purchased until they got darn good and ready to transport it, for what ever the reason. My hardships mean nothing to others when it comes to money.
I have not called you names, and the fact that you think you can sherk your responsibility in this way infuriated me. My daughter raises these horses for additional income. If you had asked for the refund in the first week, things would have been fine. But it was weeks later. .She had already sent the transfers in to the ASHA. It was the Pinto part she was having problems with. She had originally told you that part was on you. They want photos, of a certain size. This time of year light colored pintos look almost white. It's extremely difficult to take a good photo of them showing their color. I can't bathe a horse here from about November to April and sometimes May.
If you want to sell either of these horses while they are still here, go ahead. We will have the registry hold the papers and put them in their names. But I am not keeping these 2 horses free of charge. As I mentioned in my last email, I expect payment of board starting today or the horses will not leave.
I gave you the discounted rate for a boarder that takes care of their own stall. I can and will charge full board which is $220 per month per horse. As owner you are responsible for their care, feed, ferrier, and vet.
Getting into the breeding you offered, now. You had said you would send a paid breeding contract. Colleen held off sending you bills of sale, etc. as she was waiting for the contract for the breeding. She never did receive that. So she incorporated the $500 breeding fee in her bill of sale on the filly. Since you did not sign &return that, Colleen has no confidence of ever getting the breeding after all this bickering over board. She no longer wants the breeding. So before the filly can leave here she must receive another $500. Her original price on the filly was $3500. She agreed to take $2500 if you took her along with the $1500 colt. That total is $4000. She received $3500.
We have our own black &white pinto stallion that has produced 100% pinto foals, and is a Pinto National Champion, and another rare colored Palomino Pinto stallion that is producing 100% dilute gene colored foals. We didn't really need to breed to your stallion. Only said we would to accommodate you.
Again, these horses were sold cheap. I found you cheap transportation which you did not secure. I had countless transporters contact me with prices, which I forwarded to you. I am not going to spin these people's wheels anymore. You look for transportation anyway you wish. But make sure the fees are paid before you send someone to pick them up. Give me a date and I'll give you the price.
I've sold horses for many years, and never have I encountered any problems like this. I feel I have been understanding and have gone out of my way to be nice and accommodating to you.
Nancy
Xena didn't want to do pay me a dime. So the fight began. At that point, it became the principal of it as far as I was concerned. I started sending her registered letters. She denied ever receiving anything from me. Well we all know how the US Postal Service does a registered letter. If you're not home when the delivery is attempted, they leave you a notice to come tothe PO and pick it up. The first letter had 3 delivery attempts. It was returned to me unclaimed. In the middle of this when I checked with the PO they told me that the letter had been claimed. I asked for the signature sheet and it was a lady that lived on the same road, a few numbers away. My certified number was on the verification of receipt. So I assumed she had sent someone else in to pick it up.
Still Xena claimed nothing had been received. My letter had never come to her door. I guess that statement was true. After the delivery attempt, she would have had to go to the Post Office and pick it up. I even gave her the numbers of the letter to claim and told her to go and pick it up. Xena said she wasn't going to run around town to pick up my letter when I could just tell her by email. So I sent her a second registered letter, restricted delivery. That letter was also returned unclaimed. All during this she kept emailing me and asking why I wasn't communicating. I would tell her the numbers on the letter and to go and pick them up. My 2nd letter was returned unclaimed also.
According to the U S Postal Service a notice was left for you on 1/30/03 and has been waiting for you to pick it up ever since. Certified no. 7000-1670-0001-7072-2695
Again, IF a note was left, the letter has NOT been left nor received - period - therefore I have no clue what it is you are wanting to tell me. Why is it such a secret that you can't tell me via e-mail? I have sent on the transporter that was waiting since you do not seem to desire to be cooperative. I can assume from your non-responses that you have no intention of settling this amicably? I am sad to hear this. I have no intention of running around town tracking down some letter from you when you can tell me what you want to say easy enough. It has not been delivered here and I have not signed nor received it. If you have something to tell me, tell me. I am planning on going out there one week from today, but under these circumstances with your non-cooperative attitude, I must assume that I need to contact your sheriff's department prior to arriving there so that they can accompany us to your place for our safety and protection. I do not understand why you do not want to do this amicably and to both of our advantage.
Regards & God Bless,
Xena
http://www.mysticfantasyarabians.com/
I had subsequently learned that the Vimercati's will not sign for any registered letters. This is a pattern that they had. I started receiving emails from countless people that had the same problem. Even to the point where others had them served with papers and later they went to the court and denied ever being served. Thus the judge threw the case out and the other party had to start over. (I have emails verifying this. Request it and I'll send it to you)
This is out of sequence, but I want to show how Xena feels about me keeping the horses for her. This was an email she sent to Minda Hughes from Oregon. Minda was trying to work out the differences she and Xena have over a trade they made 5 months previously.
______________________________________________________________________________________________
------Original Message -----
From: Mfax1@aol.com
To: mjhughes@pacifier.com
Sent: Tuesday, March 09, 2004 11:27 AM
Subject: (no subject)
As for Nancy...who is the 'insane' one here?
She has had to board 2 horses for 1.5 years AND she will have to for about another year at her expense.. so who is so crazy here?
We have filed an appeal to her 'win' with arbitration as we did not go to court as she claims but only in arbitration NOW we go to the real court..... although she 'won' $500 is for the returned breeding to our stallion who cares about that? She has had to board those horses and she will have to continue to do so. That is the best boarding deal I ever got $500 for 2 horses for probably 2 or more years. I am sorry but I think she took a much bigger loss than me in her 'win' in arbitration and now we go to the real court. AND she will have to continue to board them throughout the appeal process for as long as it takes to go through it all...it can take another year.... that is how I got that she will be boarding them for another year for us... she does not know about the appeal it occurred only yesterday. We are more than happy to leave her raising the horses for us until they are old enough for us to train, show and breed. WE do not really care about the appeal.. we have everything to GAIN from it and nothing to LOSE for it. She will have to board them and worse case is that we will still have to pay her the $500...big deal....a much bigger loss for her than for us. We got out of the expense of raising them I consider that a win... if we did not have the money why have we paid an attorney in PA for 1.5 years for our case? How did we fly to PA and spend 5 days there in a hotel etc? Was it all free? To file the appeal took $ we did that...if we are so money poor how did we pay for ALL this expensive stuff? Is she crazy did she think our PA atty was free? She saw out Atty's fees bill.. we have paid a lot of money we just wont pay her a DIME! She deserves none and she'll get none....period! So who is so crazy? The person who boarded 2 horses for 1.5+ years or the person who got the other one to do for nothing? She had a bill for over $8,000.. I think her losses are far greater than mine which is why she is SO bitter... go ahead go down the road she did.. take thousands in losses...I have to docs to show you. she has lost closer to $8,000 according to her submitted documents to court... we have not only NOT taken such 'losses' but gained free boarding throughout the court process... who made the wiser decisions.. her or us? Financially she has taken a beating and you are taking advice from a woman who has boarded 2 horses for free by law for us for 1.5 years and lost, by her own admission over $8,000? I hope you have that kind of money to burn.... I hope you like to gamble.. you are the one taking the risk on the advice of a woman who says I am crazy but SHE has lost THOUSANDS of dollars and she calls ME crazy.. she is the one who is insane.. who'd throw away THOUSANDS of dollars over $500? She is the one who is NUTS!
God Bless,
Xena
www.mysticfantasyarabians.com
-----------------------------------------------------------------------------------------------------------------------------
By the Way, I figure conservatively that Xena spent approximately anywhere from $16,000 to $20,000 fighting with me. She had filed a counter suit against me asking the court for $30,000. This is the reason why I had to continue this case. You see, Xena knows the court system inside out. She spends a lot of her time in court. (See the list below)
See why this is a matter of principal. I don't back down from a fight, when I'm right.
Email below was sent by Xena to Kristi Sherling on 3/9/04
I have deleted the parts that pertain to Kristi's disagreement with Xena.
Anyone who wants to read the complete email can let me know, but Kristi's business doesn't need to be on my site. But the following concerns me.
_____________________________________________________________________
This was Xena's email about me.
As for Nancy... we have filed an appeal.. although she 'won' $1,000 out of the 8 she asked of which $500 is for the returned breeding so that was a wash so she 'won' $500... whoop-whoop.... she has had to board those horses for 1.5 years! That is the best boarding deal I ever got $500 for 2 horses for 1.5 years. I am sorry but I think she took a much bigger loss than me in her 'win'. AND now she will have to continue to board them throughout the appeal process for as long as it takes to go through it all...it can take another year.... that is how I got that she will be boarding them for another year for us... she does not know about the appeal it occurred only yesterday. We are more than happy to leave her raising the horses for us until they are old enough for us to train, show and breed. WE do not really care about the appeal.. we have everything to GAIN from it and nothing to LOSE for it. She will have to board them and worse case is that we will still have to pay her the $500...big deal....a much bigger loss for her than for us. We got out of the expense of raising them I consider that a win... if we did not have the money why have we paid an attorney in PA for 1.5 years for our case? How did we fly to PA and spend 5 days there in a hotel etc? Was it all free? To file the appeal took $ we did that...she knows nothing of our finances. We have paid handsomely that atty in PA we just wont give her a DIME she is a thief and we will not pay her what she does not deserve to have. For all we care we can keep going in the courts until they are 5 years old - means nothing to us.
God Bless,
Xena
Really makes you want to do business with Xena Vimercati , doesn't it??????
By The Way: Ivano Vimercati has been discarded now as of August 05and Xena has taken up with W. Kip Johnson.
Well, my dealings with Xena ended when she finally paid the judgment, plus court costs, and a very limited amount of additional board and picked the horses up in August of 2005. By this time the transportation costs were $2900 for the 2 horses. The horses were transported in Aug. of 05. The first trip for both horses. The mare was in heat, at least one other stallion was transported at the same time. They were hauled 2500 or so miles. The hauler never asked for hay or food for them, which is the one thing I would have done. If they were thin when they arrived at who knows when, not my fault.
This is just a tip of the ice berg of my story. I intend to keep adding more as I get the time. . If one person reads this and decides not to risk doing business with Xena, it will be well worth the time I have spent. If any reader has any questions about this please email me. I have countless court documents to back up my story.
email me at ncrosscut@tbscc.com
Copies of my judgment awards can be viewed by clicking here.
Other court documents pertaining to Xena and Ivano can be found at
The link is http://158.61.133.2/OpenAccess/default.asp
This is all PUBLIC INFORMATION
Riverside County Court
then click the 'civil case information' button. You log in as 'guest' and then search by Master Name Search under "vimercati" , "morley" , and "richter" (each a name that Xena has used). Lots of reading there....
Others that have had problems dealing with Xena and Ivano / All Horse related problems
Feel free to talk to any of the people below. As of 5/12/05 there's a new name added to the list - see below.
Minda Hughes email mjhughes@pacifier.com
Kristi Sherling email SeaBreezeRanch@aol.com
Annette Jacobs email1wildpony@cox.net
Stephanie Wind email steph@sabinoarabians.com
Crystal Tyo email polisharbians@aol.com
Stephanie May email PhantonUnlimited@aol.com
Carolyn Wilson -Granite Oaks Arabians Cgraniteoaks@wmconnect.com
Toetsy Roth email robertroth4@earthlinks.net
Mark Bonaquista - lv1nther@hotmail.com
If you have had problems too, please contact me and I will add your name to the above list.