Five horse owners are suing Equine Angels Rescue, claiming the Cabot-based nonprofit organization maliciously took their horses and harmed their reputations to get publicity and generate donations.

The lawsuit, filed Tuesday in Butler County Court, asks the courts to return the horses to the plaintiffs, most of whom still face pending cases of cruelty to the animals.

Meantime, while the lawsuit is being resolved, the plaintiffs are asking the courts to forbid Equine Angels or any of the other three plaintiffs from selling or destroying the horses or returning to any of the plaintiffs' properties.

The 38-page lawsuit alleges the defendants committed nine violations: invasion of privacy, fraud, trespassing, conversion, trespassing to chattels, defamation, violations to the 4th and 14th amendments and the Racketeer Influenced and Corrupt Organizations Act.

Equine Angels' director Pamela Vivirito, when contacted said only, “People tend to get very angry when they cannot get away with neglect anymore.”

She referred all other questions to her attorney, John “Jack” Haller of Cranberry Township, who could not be reached.

Butler attorney Al Lindsay, who represents the horse owners, said only, “The lawsuit speaks for itself.”

Lindsay represents these plaintiffs: Brian Arendosh, 48, of Fairview Township; Geraldine Geibel, 22, of Summit Township; Elan L. Lewis, 57, of Clearfield Township and of New Castle, and Debra Gaus and her daughter, Jessica Gossett, no age available for either, of Polk, Venango County.

The lawsuit alleges Equine Angels “professed to be involved in a 'rescue' operation which seized horses from their owners under the guise of rehabilitating, caring for and placing for adoption horses alleged to be neglected, abused, malnourished or headed to slaughter.”

However, the lawsuit alleges the group instead was engaged in a scheme to manipulate the laws and “extort” horses from their owners under threat of criminal prosecution and “widespread media coverage that would condemn, embarrass and humiliate these owners.”

The lawsuit goes on to allege the Equine Angels and Vivirito illegally entered private property and closed buildings to photograph horses and gather alleged evidence. Vivirito is accused of giving horse owners an ultimatum: Sign over your horses or face criminal prosecution.

The lawsuit also names state police trooper Shawn E. King, the police animal control officer, accusing him of conspiring with Vivirito and using ill-gotten evidence to file criminal cases.

King and a spokesman for the state police declined to comment, each saying they had not seen the lawsuit.

Veterinarian Brian Burks of Apollo is named as a defendant because he allegedly was present when some of the horses were seized and he determined which animals would be taken, according to the lawsuit.

When contacted Tuesday, Burks said he stands by all the actions he took in the cases he was involved with: Arendosh, Geibel, Gaus and Gossett.

“All of these horses were abused,” Burks said.

Burks, in working with these different cases, said he encountered horses with skin infections, emaciation, and “sad” stable and/or pasture conditions.

“I know these animals were in trouble,” Burks said. “People who want to go and abuse need to be stopped.”

The lawsuit alleges the rescues were used to generate publicity that would result in donations to the organization. The lawsuit claims the health of the animals was misrepresented to the media and on Internet sites to solicit money from potential donors.

The lawsuit further alleges Equine Angels sold some of the seized animals under the guise that the animals were being “adopted” for a donation. And the group used the proceeds to run the rescue operation as well as a for-profit horse center.

Burks doesn't deny that Equine Angels uses publicity from its cases to raise money. But, he said, “so does the Red Cross ... That is just the nature of a nonprofit. And all of the money donated to Equine Angels is used to treat and rehabilitate horses.”

The lawsuit breaks out its allegations for each plaintiff as follows:

ArendoshOn March 21, state police arrived at a Cherry Road farm and told Arendosh to “surrender” horses to the rescue group. Vivirito, alleging the animals were lacking food, water and shelter, reportedly told Arendosh if he turned over the horses, no charges would be filed. But if he did not “it could get ugly ... (she) would have the media all over the place in an hour.”Arendosh signed over six of his nine horse: two paint horses, two quarter horses and two thoroughbreds. But Vivirito allegedly alerted television media and charges were filed anyway, according to the lawsuit.Arendosh, who has continually denied any wrongdoing, faces 36 counts of animal cruelty. A summary trial before District Judge Wayne Seibel was scheduled for Monday. However, it was postponed and has not yet been rescheduled.Meantime in June, Vivirito was cleared of a trespassing charge filed based on her actions on Arendosh's farm.Vivirito was charged after Arendosh alleged she walked onto his property without his permission. Vivirito denied the allegations.Citing conflicting testimony, District Judge Tim Shaffer dismissed the case.

Gaus and GossettGaus and Gosset, mother and daughter, operated a trail and pony ride business in Cook Forest. In addition to 70 horses, the business owned cows, goats and ponies for a traveling “petting zoo.”The lawsuit alleges on April 17 Vivirito visited the premises and asked a few questions. About two weeks later, on April 30, Vivirito returned with state police and media representatives. King and Vivirito alleged the horses on the property were sick and malnourished.The lawsuit alleges the rescue group returned on May 1 with someone who claimed to be a Venango County assistant district attorney. The group began confiscating the animals, but stopped when Gaus' husband went into cardiac arrest.Two days later, the Gaus farm was allegedly told by this unnamed prosecutor that its horses would be donated to a rescue organization. Vivirito seized 18 horses, and the Gaus farm was given a $1,250 donation, according to the lawsuit.The women, who say the money was well under the value of the horses, deny their animals were mistreated. No criminal charges were filed.

Lewis Lewis, 57, is owner of 25 “Fox Trotter” horses, which are bred for a specific gait.On May 21, the lawsuit alleges that Lewis received a telephone call from King saying someone had reported animal abuse on her property in Clearfield Township.A group including Vivirito began searching the property. The lawsuit alleges the group got a warrant from Butler District Judge Pete Shaffer after the search had begun and District Judge Lewis Stoughton denied the warrant for lack of probable cause.The group removed 10 horses: two mares, three geldings, two studs, and three colts.During the seizure, the lawsuit alleges, a media helicopter flew over the property.Lewis, who owns two dozen horses altogether, disputes that her animals were mistreated in any way.She faces 23 counts of cruelty to animals in connection with the investigation. Hearing dates have not yet been set.

GeibelThe lawsuit alleges on April 16 Vivirito and state police visited the Geibel farm on Osche Road, allegedly because the rescue group had received a report that the horses were standing in mud.Owners Geraldine and her son Jerry Geibel allege their horses were healthy, and they refused to surrender them.Geraldine Geibel was issued a citation for “unclean stables” and a report was issued to the media. According to the lawsuit, the published reports exaggerated the conditions found on the property.Geibel faces six counts of animal cruelty. The citations police filed are for six of the horses, a 4-year-old mare, 2-year-old filly, 5- to 7-year-old gelding, 4-year-old stud, 7-month-old foal and an 8- to 9-year-old mare, according to court documents.Geibel denies the allegations and a summary trial was scheduled for Monday. However, like Arendosh's, the trial was postponed and has not yet been rescheduled.Animal cruelty is a summary charge that carries a penalty of up to 90 days in jail and/or a fine of between $50 and $750.No hearing dates have been set for the lawsuit.Meantime, also in Butler County Court, Glen Kleinfelter, 57, of Washington Township filed paperwork indicating that he intends to sue Vivirito and Equine Angels for defamation and libel.Kleinfelter filed the paperwork indicating that he intended to sue in 2012 and again last month. However, he did not file the lawsuit. Neither Kleinfelter nor his attorney, Mike Gallagher of Butler, returned telephone messages.Kleinfelter, owner of Peaceful Valley Family Campground, had been accused of failing to properly care for eight horses he owns.State police filed animal cruelty charges against him once, and the case was dismissed because Vivirito failed to show up for a trial. State police refiled the charges in April, but the charges were withdrawn by prosecutors a month later.