text:
This morning I was invited to join two of my dear friends at a Bikram Yoga class in a nearby town about 15 minutes from my home. For anyone not familiar with Bikram Yoga, it is a fairly regimented form of Hatha Yoga practiced in a room heated to approximately 100 to 105 degrees Fahrenheit (about 37 to 40 degrees Celsius for my European and Canadian readers)! Bikram is supposed to be taught in the same way wherever anyone offers Bikram classes: hot temperatures; lights only turned down at the beginning and end, otherwise a fully lit room throughout the class; and a standard sequence of poses that does not change from class to class. Eyes remain softly open throughout the 90 minutes, even when in a resting state. Within that structure, it's said that a freedom develops to look deeper into oneself and one's practice as it continues along the continuum created by the highly structured and seemingly repetitive method of teaching and practicing.
I honestly felt very challenged by the class, both physically and mentally. The heat in the crowded room was intense; within fifteen minutes I was drenched with sweat, as was the towel covering my sticky yoga mat. Luckily, I had heeded my friends' advice and refrained from eating this morning, having only my Chinese herbs in hot water with honey and milk, and a tall glass of cool water after that. Having once been a Kripalu Yoga teacher (sometimes nicknamed "Cripple-You" Yoga by its detractors), I had an idea what to expect, but have not regularly practiced yoga or attended classes in many years. Yoga tends to be more something that I do in the name of stretching before exercise, rather than a mental/physical discipline in and of itself. That said, the experience was uplifting, exhausting, exhilirating, and challenging. Taking my leave of the studio, I felt light (not light-headed, though!), lubricated (both mentally and physically), and fully awake. While I generally like to sleep late on Sundays, I felt no qualms about having gotten out of bed today for this experience. I feel lucky that I've been getting alot of cardiovascular exercise on an ellipitical cross-trainer these last four weeks, that preparation making it easier for me to have the stamina to make it through the my first Bikram experience with only two or three poses where I opted to rest and catch my breath.
Although Bikram may not become a regular part of my weekly routine for several reasons (one being timing of classes and time itself), I am very grateful for my friend who offered me this very singular experience of my body. The heat was a welcome intensity, and the physical challenge opened not only my joints and connective tissue, but my mind and emotional body as well.
Now for an afternoon of taking in the near-50-degree (10 Celsius) sunny warmth which bathes the land today. Mary returns from a weekend conference in a few hours and I'll share my impressions of the morning with her as I listen to her account of her own interesting and thought-provoking weekend away at Rowe Conference Center in Rowe, Massachusetts (http://www.rowecenter.org).
The dogs await the moment when I put on my shoes and say the magic words. Their waiting is almost over......


text:
Beispielbild für diese ISBN
Bibliografische Details
Titel: Bear Can't Sleep!
Verlag: Tiger Tales
Erscheinungsdatum: 2015
Einband: Hardcover
Zustand: Used
This Book is in Good Condition. Clean Copy With Light Amount of Wear. 100% Guaranteed. Buchnummer des Verkäufers ABE_book_usedgood_158925189X
Inhaltsangabe: Winter is coming, and Bear can't sleep. Oh, how he rumbles and grumbles and growls and howls! The other animals are worried that Bear is angry and will come after them! But Patch the Hare isn't scared of any old bear; especially after he finds out why Bear can't sleep and hatches a plan to help.
Über den Autor: Marni McGee has treasured books and words ever since childhood. In addition to her award-winning picture books, she has written poetry, easy readers, histories, and historical fiction. Her favourite things include reading, theatre, music, travel, beach walks, and, most of all, her children and grandchildren. She lives in Santa Barbara, California with her husband. A Derbyshire lad born and bred, Sean studied at the Mansfield College of Art and then moved to Bristol to study Illustration. He still lives in Bristol with his girlfriend, with whom he shares an allotment, two goldfish, a love of cake and a dream that one day they'll get a dog and some chickens.
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subset: commoncrawl


text:
Subject: Linux 2.6.39-rc4
Newsgroups: gmane.linux.kernel
Date: Tuesday 19th April 2011 04:57:26 UTC (over 5 years ago)
So things have sadly not continued to calm down even further. We had more commits in -rc4 than we had in -rc3, and I sincerely hope that upward trend doesn't continue. That said, so far the only thing that has really caused problems this release cycle has been the block layer plugging changes, and as of -rc4 the issues we had with MD should hopefully now be behind us. So we're making progress on that front too. The plugging code still seems to trigger some issue with what looks like an infinite stream of disk-change notifications on CD-ROMs - but Jens is hopefully going to squish that problem soon. In the meantime, you can avoid the problem by either running SMP or having preemption enabled. Other than that? We may have a bit more commits than in -rc3, but it hasn't been _too_ bad. There's certainly nothing overly exciting: aside from the block/MD fixups, we've got some filesystem updates (btrfs, cifs and ubifs) and some driver updates (the largest chunk of which is actually a duplicate driver removal). USB, some KMS, nothing really earthshaking. Shortlog appended for the curious. Linus --- Abhilash Kesavan (2): ARM: S5P: Remove unused s3c_pm_check_resume_pin ARM: SAMSUNG: Fix build failure in PM CRC check code Alan Stern (1): USB: EHCI: unlink unused QHs when the controller is stopped Alberto Mardegan (1): samsung-laptop: Samsung R410P backlight driver Alex Deucher (8): drm/radeon/kms: pll tweaks for rv6xx drm/radeon/kms: make radeon i2c put/get bytes less noisy drm/radeon/kms: clean up gart dummy page handling drm/radeon/kms: fix suspend on rv530 asics drm/radeon/kms: fix pcie_p callbacks on btc and cayman drm/radeon/kms: add voltage type to atom set voltage function drm/radeon/kms: properly program vddci on evergreen+ i2c-algo-bit: Call pre/post_xfer for bit_test Alexander Clouter (1): MAINTAINERS: add ARM/ts78xx-setup platform maintainer Alexandre Bounine (2): RapidIO: add IDT CPS-1432 switch definitions RapidIO/mpc85xx: fix possible mport registration problems Alexey Dobriyan (2): kstrtox: fix compile warnings in test kstrtox: simpler code in _kstrtoull() Alexey Khoroshilov (1): USB: usb-gadget: unlock data->lock mutex on error path in ep_read() Andi Kleen (1): mm: add VM counters for transparent hugepages Andiry Xu (2): usbcore: Bug fix: system can't suspend with USB3.0 device connected to USB3.0 hub xHCI: Implement AMD PLL quirk Andreas Bießmann (1): avr32: add ATAG_BOARDINFO Aneesh Kumar K.V (5): fs/9p: Fix revalidate to return correct value fs/9p: Use write_inode for data sync on server 9p: revert tsyncfs related changes fs/9p: Fix error reported by coccicheck 9p: Fix sparse error Anton Blanchard (1): powerpc: Fix oops if scan_dispatch_log is called too early Antonio Ospite (1): leds/leds-regulator.c: fix handling of already enabled regulators Arne Jansen (1): btrfs: using cached extent_state in set/unlock combinations Artem Bityutskiy (1): UBIFS: fix oops when R/O file-system is fsync'ed Axel Lin (2): Input: twl4030_keypad - fix potential NULL dereference in twl4030_kp_probe() drivers/rtc/rtc-mc13xxx.c: fix unterminated platform_device_id table Ben Hutchings (2): avr32: Fix .size directive for cpu_enter_idle mm/thp: use conventional format for boolean attributes Ben Skeggs (5): drm/nouveau: implement init table opcode 0x5c drm/nouveau: quirk for XFX GT-240X-YA drm/nv50: use "nv86" tlb flush method on everything except 0x50/0xac drm/nv50-nvc0: remove some code that doesn't belong here drm/nvc0: improve vm flush function Benjamin Herrenschmidt (1): powerpc/powermac: Build fix with SMP and CPU hotplug Bob Liu (1): ramfs: fix memleak on no-mmu arch Catalin Marinas (3): ARM: 6866/1: Do not restrict HIGHPTE to !OUTER_CACHE ARM: 6867/1: Introduce THREAD_NOTIFY_COPY for copy_thread() hooks ARM: 6868/1: Preserve the VFP state during fork Chase Douglas (1): Input: document event types and codes and their intended use Chris Mason (4): Btrfs: make uncache_state unconditional Btrfs: don't force chunk allocation in find_free_extent Btrfs end_bio_extent_readpage should look for locked bits Btrfs: fix free space cache leak Christian Simon (1): USB: ftdi_sio: Added IDs for CTI USB Serial Devices Christoph Fritz (1): Input: h3600_ts - fix error handling at connect Christoph Hellwig (2): block: cleanup the block plug helper functions block: add blk_run_queue_async Christoph Lameter (1): vmstat: update comment regarding stat_threshold Colin Cross (1): ARM: tegra: gpio: Fix unused variable warnings Corentin Chary (3): asus-laptop: remove removed features from feature-removal-schedule.txt asus-wmi: swap input name and phys eeepc-wmi: add keys found on EeePC 1215T Dan Carpenter (6): USB: musb: add missing unlock in cppi_interrupt() USB: musb: using 0 instead of NULL USB: musb: silence printk format warning USB: musb: dereferencing an iomem pointer usb: pch_udc: unlock on allocation failure USB: xhci: unsigned char never equals -1 Daniel J Blueman (1): fix user annotation in ioctl.c Daniel Kiper (1): mm: optimize pfn calculation in online_page() Darren Hart (1): futex: Set FLAGS_HAS_TIMEOUT during futex_wait restart setup Dave Airlie (3): i915: restore only the mode of this driver on lastclose Revert "ttm: Utilize the DMA API for pages that have TTM_PAGE_FLAG_DMA32 set." Revert "i915: restore only the mode of this driver on lastclose" Dave Chinner (1): nfs: don't call __mark_inode_dirty while holding i_lock David Brown (2): msm: Remove extraneous ffa device check msm: timer: fix missing return value David Dillow (1): drm/nv50-nvc0: work around an evo channel hang that some people see Dmitry Eremin-Solenikov (2): pcmcia: limit pxa2xx_balloon3 subdriver to balloon3 platform pcmcia: limit pxa2xx_trizeps4 subdriver to trizeps4 platform Dmitry Torokhov (6): USB: fix formatting of SuperSpeed endpoints in /proc/bus/usb/devices USB: xhci - fix unsafe macro definitions USB: xhci - remove excessive 'inline' markings USB: xhci: simplify logic of skipping missed isoc TDs USB: xhci - fix math in xhci_get_endpoint_interval() USB: xhci - also free streams when resetting devices Emil Velikov (1): nv30: Fix parsing of perf table Eric B Munson (1): powerpc/perf_event: Skip updating kernel counters if register value shrinks Eric Dumazet (2): perf: Fix a build error with some GCC versions memcg: fix mem_cgroup_rotate_reclaimable_page() Eric Miao (1): ARM: pxa: convert incorrect IRQ_TO_IRQ() to irq_to_gpio() Felipe Balbi (2): usb: musb: temporarily make it bool usb: musb: gadget: check the correct list_head Feng Tang (1): RTC: rtc-mrst: follow on to the change of rtc_device_register() Geert Uytterhoeven (1): m68k,m68knommu: Wire up name_to_handle_at, open_by_handle_at, clock_adjtime, syncfs Graf Yang (1): Blackfin: SMP: make all barriers handle cache issues Greg Kroah-Hartman (2): samsung-laptop: add support for N230 model Revert "USB: isp1760-hcd: move imask clear after pending work is done" Hans J. Koch (1): MAINTAINERS: change mail adress of Hans J. Koch Haojian Zhuang (3): ARM: pxa: always clear LPM bits for PXA168 MFPR ARM: pxa: align NR_BUILTIN_GPIO with GPIO interrupt number ARM: mmp: align NR_BUILTIN_GPIO with gpio interrupt number Harsh Prateek Bora (1): net/9p: nwname should be an unsigned int Hema HK (1): usb: musb: Fix the crash issue during reboot Hugh Dickins (1): tmpfs: fix off-by-one in max_blocks checks Igor Mammedov (1): Input: xen-kbdfront - fix mouse getting stuck after save/restore Jacob Pan (1): x86/mrst: Fix boot crash caused by incorrect pin to irq mapping Jarod Wilson (1): Input: add KEY_IMAGES specifically for AL Image Browser Jean Delvare (1): i2c: Improve deprecation warnings Jean-Christophe PLAGNIOL-VILLARD (1): avr32: At32ap: pio fix typo "))" on gpio_irq_unmask prototype Jeff Brown (2): Input: evdev - indicate buffer overrun with SYN_DROPPED Input: estimate number of events per packet Jeff Layton (9): cifs: check for private_data before trying to put it cifs: replace /proc/fs/cifs/Experimental with a module parm cifs: always do is_path_accessible check in cifs_mount cifs: fix broken BCC check in is_valid_oplock_break cifs: set ra_pages in backing_dev_info cifs: clean up length checks in check2ndT2 cifs: clean up various nits in unicode routines (try #2) cifs: wrap received signature check in srv_mutex cifs: don't allow mmap'ed pages to be dirtied while under writeback (try #3) Jeff Mahoney (1): fs/fhandle.c: add


text:
PM Perfection Thermal Receipt Paper RollsThermal Receipt Rolls
3.12" x 90 ft - Thermal - 1-Ply - White - 72 Rolls - View Complete Details
Product Number: PMC05209
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PM Perfection Thermal Receipt Paper Rolls - Cash Register/ATM Rolls offer top quality thermal paper that works efficiently with your machine printhead. High quality rolls provide crisp, clear black images. Rolls are designed for use in Citizen CMB-230 Series, IDP-3210, LT380, Star Micronics SCP700 and IBM 4610 and 4650.
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One-ply thermal roll is designed for point of sale machines, cash registers, taxi printers, medical devices and laboratory printers. Superior images give crisp, legible readouts for accurate analysis and diagnosis. Use these premium-quality, precision-slit papers for applications such as vision ...
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text:
January 4, 2011 (Chinavestor) Chinese stocks extended the rally to the second day of the new year in both key Asian markets. The Shanghai Composite Index (SHA:000001) surged 44.6 points or 1.6% while the Hang Seng Index (INDECHANGSENG:.HSI) rose 232.4 points or 1.0%. Property, railway and resource stocks surged in Shanghai following news that China may delay a property tax and that the Beijing-Shanghai high speed rail will go operational in June 2011, 7 months ahead of the schedule. NYSE-HKEX cross-listed stocks on the move in Hong Kong included Aluminum Corp. of China (NYSE:ACH), Yanzhou Coal Mining (NYSE:YZC) and China Eastern Airlines (NYSE:CEA).The rally was universal on the Mainland; stocks that advanced outnumbered those that fell 25 to 1 among the 50 largest components of the Shanghai Composite Index (SHA:000001). The rally was broad among components of the Hang Seng Index (INDEXHANGSENG:.HSI) as well.
Looking at components of key Chinese ETF in Asia this morning, outlook is sound for the iShares FTSE/Xinhua 25 China Index (NYSE:FXI) for 20 out of its 25 components rose in Hong Kong. Chinese coal shares have been on the rise on strong demand. Small caps enjoyed a universal rally of their own. 140 out of 162 components of the Guggenheim Small Cap China Fund (NYSE:HAO) rose in Asia this morning.
Index futures point to a higher open for the NYSE this morning. Considering the broad rally for both large and small cap stocks, outlook is sound for Chinese ADRs. If components of the Hang Seng Index (INDEXHANGSENG:.HSI) can serve as proxy for ADR trading outlook is best for Aluminum Corp. of China (NYSE:ACH) and Yanzhou Coal Mining Co. (NYSE:YZC). Airliners, China Eastern Airlines (NYSE:CEA) and China Southern Airlines (NYSE:ZNH), are looking good as well.


text:
Don Irving: Standard Bearer
Irving is a champion of Gardner, having brought a company to the city and redeveloped a former factory space into a new shopping plaza.
Tourism travel up in Central Mass.
Tourism travel is up in North Central Massachusetts, according to the latest hotel tax data for the region's largest communities.
WBJ names 40 Under Forty winners of 2016
Who made the cut? See which young professionals are making a difference now and into the future for the Central Massachusetts business community.
At $60M; UMass Memorial is region's most profitable hospital in 2015
All but two of the acute-care hospitals in Central Massachusetts were profitable last year, pushing the overall margin for the region to fourth best out of the seven regions in the state.
Worcester unemployment continued decline in July
The unemployment rate in Worcester continued a downward trend in July, according to the latest numbers from the state.
Fidelity names Gardner branch manager
Fidelity Bank has hired Brenda Woods as the bank's new Gardner branch manager and a vice president.
Mount Wachusett secures $1.18M grant
Mount Wachusett Community College has received a five-year, $1.18 million Federal grant that will help adults in the region successfully transition to college or other postsecondary education.
UMass, state taking telemedicine to next level
Telemedicine is opening doors to treating patients throughout Massachusetts.
Fidelity Bank names head of retail banking
Laurie Benson has been hired to lead Fidelity Bank's consumer banking as senior vice president and head of retail banking.
Central Mass. unemployment drops in June
The unemployment rate in Central Massachusetts fell in June year-over-year, although the numbers were an increase from last month's figures.


text:
Chicken and Spaghetti Noodle Casserole
Total Time
Prep 20 mins
Cook 20 mins
A nice thick chicken noodle soup casserole, don't skimp on the mozzarella cheese, this makes it even better!
Ingredients Nutrition
- 1 lb chicken breast
- 8 ounces spaghetti noodles
- 1 (10 3/4 ounce) can cream of mushroom soup
- 1 (10 3/4 ounce) can cream of chicken soup
- 1⁄4 cup milk
- 1 (10 ounce) package frozen mixed vegetables
- 1⁄3 cup sour cream
- salt and pepper
- 2 cups mozzarella cheese, shredded
- Preheat oven to 350 degrees (farenheit).
- Cook chicken breasts until no longer pink and shred.
- Boil the spaghetti in a large pot of boiling salted water until al dente.
- In a large bowl combine the soups, sour cream and milk until well blended, adding salt and pepper to taste.
- Add the shredded chicken, cooked spaghetti and frozen vegetables, stir well to blend.
- Pour mixture into a greased 9x13 inch baking dish.
- Sprinkle cheese on top of mixture in dish.
- Bake for 20 minutes or until cheese is melted and starting to brown slightly.
Most Helpful
Delicious! I submitted the photo. Left the reservation, instead of shredding the chicken, I used grilled strips of chicken breasts, left them whole. Only had frozen corn, next time I'll try broccoli.


text: I recently tried to upgrade to 2.0. It screwed up, so then I restored my iPod to the copy of it made at a certain time. At this time I had a non jailbroken iPod, with 1.1.4 with software update. Now I get this message: "iTunes could not install the iPod touch Software Upgrade on the iPod "iPod" because an uknown error occured (-4)"


text:
Doctor insights on:
I Have Swollen Uvula What To Eat And How To Make It Cure
I have swollen uvula. What to eat and how to make it cure?
See a doctor: The time course is very important. If the swelling is new and caused by an allergic reaction or a side effect of medication (such as Lisinopril ) this could be life threatening and should be evaluated by a physician immediately - especially if you have changes to our voice or difficulty swallowing. ...Read moreSee 1 more doctor answer
Uvula (Definition)
A piece of normal tissue that is seen at the back of ...Read more
Swollen uvula, what can I eat?
Swollen Uvula: Hello, At this time I would suggest liquids and ice. Anti-inflammatories if you are not allergic. This type of swelling may come from food allergies, snoring or sleep apnea. Positioning yourself in a forward position may also help reduce the "blocked feeling" in your throat. If it worsens, off to the ER you go! Good luck. ...Read more
I have a swollen uvula. Feels like something is stuck in throat. Is it serious? Cures?
It can be: If the uvula, soft palate or peritonsillar areas are swollen, the swelling could cause a potential airway problem if left untreated. Your should be evaluated by a health care professional to determine the cause so that the appropriate treatment can be provided. ...Read more
Swollen uvula with tonsils and mouth ulcers.cant eat.sleep or speak.fever and body pain?
MOUTH ULCERATION: inflammation inside the mouth could be from mouth breathing. we are meant to breath through our noses. the air gets filtered, warmed and humidified before it touches the lining of the mouth and throat. start simple, pay attention to how you breathe. keep your mouth closed! ...Read moreSee 1 more doctor answer
Can marijauna withdrawls cause you to not smoke for months can anxiety from weed cause your throat to burn or make the uvula swollen?
Cannabis: Marijuana smoke contains mucosal irritants. Inhalation with marijuana is more prolonged & deeper than with tobacco. If you have not used cannabis for a number of months - that should not be causing your throat to burn or your uvula to swell. Anxiety can lead to throat symptoms. Consider getting checked out by your physician. ...Read more
Today morning when i woke up I have swollen uvula, what should I take? Is this something serious?
Swollen Uvula: This may be an infection. Call your doctor for a check up to find out the cause of the problem. ...Read moreSee 1 more doctor answer
What causes swollen uvula?
Reaction: Other than trauma, surgical manipulation, or a mass - the things that can cause swelling are usually related to an "reaction". It could be due to certain med (ace inhibitors), due to an allergic type response, or due from a hereditary condition (c1 esterase defiency) that allows fluid to improperly fill tissue spaces. ...Read more
Woke up to swollen uvula and the surrounding tissue is swollen and frilly looking. It's hurts and feels dry and raw. What's causing this?
Infection: This sounds as if you have a pharyngeal infection affecting the uvula and associated tissues. You need to be seen by a doctor and appropriately assessed. Hope you are better soon. ...Read more
What can cause a swollen uvula?
Swollen uvula: The most common cause is snoring. Infection is next if this is a new condition. ...Read more
Had a swollen Uvula for 3 days now. Starting to really annoy me. I went out Friday and had a big drink, got home and was sick a couple times. I went t?
Uvulitis: Please seek medical help immediately since utilities may be due infection such as strep and needs antibiotics treatment. Sometimes it can also be reaction to irritants like smoke inhalation or other chemicals, but would still need thorough throat exam and treatment ...Read more
- Talk to a doctor live online for free
- How do i overcome the fears i have makes it hard to get up and do things?
- What could it mean if i have vaginal discharge and it hurts to pee?
- What is best way to cure constipation and how long does it take?
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- My cartoid gland is swollen what can i do to make it better
- Talk to an otolaryngologist online


text:
Free: 10 Things the Best Law-Firm Website Designs Have in Common
For seven years, Lawyerist has published an annual list of the best law firm websites. Now, you can find out what they have in common.
The goal of creating content shouldn't be to come up with a bunch of great keywords; it should be to come up with great content.
If you want to know what search-engine optimization is all about, spend a few minutes with this article from HubSpot.
Featured image: "A red rose bloom by gift" from Shutterstock.


text:
There are two economic facts of life that are creating some discomfort in modern families. The cost of having children is going up while the salaries of young Americans of child-rearing years has leveled off or is going down.
In a survey of young mothers, BabyCenter.com has found that parents spend an average of $13,000 a year on their children. Couples worry that they don't have enough money to start a family.
"Children are expensive, but couples aren't letting that hold them back from starting a family," said Carmen Wong Ulrich, a BabyCenter.com financial expert. "They are exploring ways of saving that they may not have previously considered, like moving back in with their parents or accepting money from in-laws. This can be a good short-term solution for couples to get them started, but they need to make sure they are taking the necessary steps to eventually become financially independent."
Would like to save $4,500
In the survey expectant mothers said they would like to save an average $4,500 before the birth of their child. And if they can't, or if $4,500 turns out not to be enough, young parents-to-be most often look to their parents for help. That, in turn, puts a financial strain on a generation that is relatively well off but is trying to prepare for retirement.
Preparing for the birth of a child is expensive enough. Nearly 50 percent of young women in the survey are spending money on products or services to encourage pregnancy, and it's not cheap. From ovulation kits to vitamin supplements, women trying to get pregnant spend close to $500 to help them conceive.
The request for financial help doesn't stop once the baby is born. About 30 percent of the mothers in the survey said they received financial help from their parents or in-laws during the baby's first year.
"Budgeting for baby is one the biggest challenges new parents face," said Wong Ulrich. "A new baby can drastically alter a family's financial status, and parents need to be prepared."
Multi-generational households
And so, apparently, do the grandparents. Multi-generational households are on the rise as more young families move in with parents and in-laws to save money. Some financially support their children and their children directly.
A 2011 study found nearly 60% of parents gave financial support to their adult children, some of whom were married and had families. The survey, by the National Endowment for Financial Education (NEFE), also showed that 65% of adult children—those ages 18-39 who are not in school—believe the financial pressures faced by their generation are tougher than those experienced by previous generations.
Parents tend to agree – at least 32% do – which may be why they are willing to open their checkbooks. In the survey 43 percent of parents who were providing financial support said they were doing so because they were"legitimately concerned" with their child's financial well-being.
"Parents are continuing their involvement longer than we expected," Ted Beck, president and CEO of NEFE, said at the time the survey was released. "The general sentiment is that financial pressures are higher for this generation. But if parents are going to financially support their adult children, they should first have a serious talk about their kids' expectations so that everyone protects their financial futures."
Beck also noted what he considers a disturbing trend -- parents making sacrifices to help their adult children. Helping a young family get a foothold is one thing but continuing to support children and their families simply isn't a sustainable course of action.


text:
Their result for The Updated Are You Horny Enough Test ...
Well look at that... you scored a ###%
Their Analysis (Vertical line = Average)
They scored 11% on creepiness, higher than 45% of your peers.
They scored 64% on normal, higher than 65% of your peers.
They scored 32% on kinky, higher than 50% of your peers.
All possible test results
Geez, loosen up a little will ya? Horniness is good for a person. Why don't you pick up a toy next time you go out, have a little fun. Then gimme a call. Read more
Naughty Thing
Nice...got a little freaky goin on. Keep up the good work. not creepy, also a good thing. get in touch. Read more
They're a superkink...superkink..they're super kinkaaay. I would suggest you keep things quiet in public otherwise I think you're gonna find a whole new level of sex in prison. Read more
Dude...calm it down a bit will ya? Read more
you know there is such a thing as being TOO horny...I think you may have reached that point. Read more
Get help...just go and do it now. Read more
Captain Creepy
lock yourself in your house. Read more
go get help...or lock yourself in your house never to come out again. Read more
get help now. seriously. now. go do it. Read more
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The Tom Waits Test
Hi! And welcome to my Tom Waits Test. You think you know a little something about the best damned musician of all time, do you? Step right up, then....
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US: PBG raises quarterly dividend
Soft drinks bottler The Pepsi Bottling Group (PBG) has announced a rise in its quarterly dividend. PBG said the increase, from US$0.11 to $0.14, would be the fourth consecutive year that its board has approved an increase in the dividend.
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Elliott Sharp returns to the Meridian Gallery to perform a number of electroacoustic guitar pieces, including Momentum Anomaly.
"Momentum Anomaly is the next in a series formally begun with Velocity of Hue in 2003 and continuing with Quadrature and Octal: Book One and Octal:Book Two but in reality extending back to my 1984 solo recordings Ir/Rational Music 1 & 2. These volumes are in some ways sets of etudes presenting technical possibilities and manifestations of various tuning systems and extended techniques. At the same time, I would consider them among the most personal of my music: a feedback loop between formalized concepts often based on extra-musical sources and that internal alchemy that takes place as the Inner Ear and muscles of musical memory and reflex pass messages and calls-for-action back and forth at faster-than-light speeds. Many of the gestures from these past works are so much a part of my sonic DNA that they are instantly recognizable, yet here, they are re-cast through the filter of a new tuning as well as the cumulative transformations in approach and technique that the composer accretes through acts of living and reflection. Momentum Anomaly in itself has many meanings, both nominative and descriptive, deriving from such varied founts as post-quantum physics and market analyses. I present it as the many forms of flow and how they may be interrupted so as to re-form on another plane in another guise, still always flowing. Momentum Anomaly has just been released on CD on the New Atlantis label."
Squid's Ear review: http://www.squidsear.com/cgi-bin/news/newsView.cgi?newsID=1589
ELLIOTT SHARP is a composer, performer, and producer central to the experimental music scene in New York. He leads the projects Orchestra Carbon, Terraplane, and Tectonics and has pioneered ways of applying fractal geometry, chaos theory, and genetics to musical composition and interaction.
In October 2013, Sharp premiered the string quartets Tranzience for JACK Quartet and Mare Undarum for Sirius Quartet. In March 2013, his composition Storm Of the Eye commissioned by violin virtuoso Hilary Hahn for her Encores project was premiered. His composition Turing Test for the Neue Vocalsölisten Stuttgart premiered at the Venice Biennale October 2012 and Then Gone in December. Also in 2012, his Oneirika for the ensemble Zeitkatzer premiered at MaerzMusik Berlin and Persistence of Vision for the Sonic Visions Orchestra (conducted by Sharp) premiered at Sonic Visions Festival Reutlingen. He was commissioned by Issue Project Room to create Occam's Razor for double string-quartet for his birthday marathon E# @ 60 in 2011. In 2010, Sharp directed, wrote, and composed About Us, a science-fiction opera for all-teenage performers at the Bayerische Staatsoper in Munich. In 2009, his music-theater work Binibon premiered at The Kitchen. The Boreal was commissioned by the WDR Witten Festival in 2009 and premiered by JACK Quartet and Proof Of Erdös also by the WDR for Ensemble Resonanz. He has been featured at New Music Stockholm, Donaueschingen Festival, Darmstadt Festival, and Au Printemps. Sharp's work is the subject of a recent documentary film "Doing The Don't" by Bert Shapiro and he was featured on NPR All Things Considered in October 2012.
Sharp was awarded the Berlin Prize for Music Composition in 2013; a Fellowship in Music Composition from New York Foundation for the Arts in 2010; the Preis der Deutscher Schallplatten Kritiks in 2008 for the solo CD "Concert In Dachau" and in 2004 for the orchestral CD "Racing Hearts, Tessalation Row, Calling"; and in 2003, a Fellowship from the Foundation For Contemporary and Performance Art.
His collaborators have included Radio-Sinfonie Frankfurt; pop singer Debbie Harry; Ensemble Modern; Qawwali singer Nusrat Fateh Ali Khan; Ensemble Resonanz; blues legends Hubert Sumlin and Pops Staples; jazz greats Jack deJohnette and Sonny Sharrock; multimedia artists Christian Marclay and Pierre Huyghe; and Bachir Attar, leader of the Master Musicians Of Jahjouka.
Sharp's audio installations include Fluvial, a computerized multi-channel audiowork; Chromatine, an interactive string sculpture, and Tag, an interactive audiowork. His electroacoustic work Cryptid Fragments was included in the Bitstreams show at the Whitney Museum.
Recent CD releases from Sharp include "Momentum Anomaly for solo electroacoustic guitar; "Cut With Occam's Razor", a collection of new formal works performed by JACK and Sirius Quartets and pianist Jenny Lin; "The Age of Carbon", a 3xCD-box retrospective of his band Carbon; "Octal:Book Two" for solo 8-string guitarbass, "Binibon" - a radioplay version of his opera; and "Spectropia Suite" with the '31 Band, Debbie Harry and Sirius String Quartet. The complete discography may be found at: http://www.elliottsharp.com
Sharp has lectured or been an Artist-In-Residence at Atlantic Center for the Arts; School of the Art Institute of Chicago; Tokyo Zokei University; Music Conservatory of Beijing University; Conservatory of Cuneo, Italy; New England Conservatory; Tama Art College-Japan; Bard College; and Dartmouth College.


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Discussion in 'Website Wanted' started by gio, Dec 12, 2013.
Please PM if you are looking to sell.
Just sites or legal names also ?
yes possibly domains only too
Have you got a guide on budget at all ?
Could be anything from £50 to £1000 + or more
Can you narrow the subject down further? Any particular aspects of law? It's a very wide topic, so are you looking for general or specific names? Thanks.
I'd prefer exiting websites rather than just domain names.
keywords, solicitor, lawyer, law, legal
Older the better
Separate names with a comma.


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For sale by Austin Iyke VERIFIED14 Oct 10:23 amLagos Mainland, Lagos
We are one of the reliable best companies in steel business. Our expertise lies in the architectural design, importation, fabrication, supply and installation of aesthetic shade structures. These shade structures include carport(both shade net fabric or polycarbonate type), danpallons, commercial canopies, swimming pool cover, door walk way cover, window cover, generator stand cover, petrol station shade, gazebo garden shade, marquee tents, mega shade for pedestrian walk way and for a large recreation area etc.
We also install stainless, aluminum, gold, and crystal railings of any designs(simple and special).
Our services also extend to the importation and supply of superior polycarbonate sheet and high quality water resistant shade nets in rolls and customized sizes. We pride ourselves on design, quality and professionalism. From initial design through to installation and follow-up maintenance, our team combine quality materials and careful equipment selection with a high level of customer service.
From initial design through to installation and follow-up maintenance, our trained Engineering Artisans combines quality materials and careful equipment selection to give a high level of customer satisfaction as by product.
Our work speaks for us because quality is our main priority.
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All about making whisky
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Sourcing actor, importer and exclusive distributor of a portfolio of international brands, La Maison du Whisky is, since 60 years a reference for whisky and spirit lovers. Thanks to our close relationships with producers and independent bottlers, we have access to limited editions and unique products we bring to market exclusively. Curious and creative, we are driven by our passion for products and our desire to constantly bring our clients the latest expressions through our own shops, our website whisky.fr and selected wine retail shops in France.
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The diversity of beers requires a variety of styles of glass. The Basic Beer series was created to bring out the best in each type of beer. Four sizes of glass for 'white' beers, wheat/Pilsner beers, lager and traditional English beers, and two glasses with a foot for Pilsner beers offer serious beer enthusiasts a stylish range of glasses with the perfect shape for their favourite drink. These elegant glasses are slightly wider at the top, thereby giving enough space for the foam to develop.
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Bike is the must-read cycling magazine for anyone who wants to get faster, ride stronger... and have a blast on the road.
We ride ourselves - a lot - so we hope that what we put in the mag is what you'll want to read as well.
You'll find tips on technique, nutrition, fitness, feature stories and a whole section dedicated to the latest gear and bikes. After all, who doesn't love new stuff?
Oh, and we're also social types, so you'll find us regularly updating our Facebook and Twitter feeds. When we're not out on the road of course.


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Pioneer Day Activities
If you're looking for Pioneer Day Activities, then look no more! Mariah has created a roundup of things to do, including crafts and snacks. See all the ideas on http://www.orsoshesays.com today!
Grade 3 A1.2 compare some of the roles of and challenges facing people in Canada around the beginning of the nineteenth century with those in present day
The object is to pull your opponent up onto their feet. You put your feet against theirs and pull.
biscuit rolling -lots of Pioneer Day activities
Class quilt: use for pioneer lesson. each child shows a story of their choice in their quilt square. put it all together and make a quilt to hang on the wall.
Pioneer Days
Mrs. Bacchus' Class: Pioneers: Sarah, Plain and Tall
paper bonnet dress up craft
Little House in the Big Woods & Pioneer Unit Free Printables from Every Star Is Different
pretzel log cabin...I can't wait for February to get here so I can try this with Presidents Day!


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Out of the Darkness Walk for Suicide Prevention and Awareness Sunday, October 2, 2016
Thank you for supporting our advisors who participated in the Out of the Darkness Walk for Suicide Prevention and Awareness in 2015. We had 11 walkers and raised $425.
Once again, the Bloomington Academic Advising Council is sponsoring a team to walk in the sixth Annual Bloomington Community Out of the Darkness Suicide Prevention Walk, run under the auspices of the American Foundation for Suicide Prevention. This year's walk takes place on October 2 at 2:00, here on the IU Bloomington campus. You can join the team through the BAAC Walkers team page. If you would just like to make a donation, you can do so by selecting one of the participants on the Roster and then clicking donate.
Each participant who raises $150 will get one of those fabulous t-shirts. Please consider joining us this year and/or supporting us in this fabulous cause!
BAAC Outstanding New Advisor Award
The BAAC has created an outstanding New Advisor Award to recognize new IUB academic advisors. The award will be presented to the BAAC Outstanding New Advisor at the Fall 2016 BAAC meeting. For more information please see the Outstanding New Advisor Award Criteria.
Congratulations to Connie Hanson
University Division advisor and winner of the NACADA Outstanding Advising Award-Primary Advising Role Award and the BAAC 2016 Terri Nation Award Winner.
Congratulations to Mark Hurley
Director of Advising for the College of Arts and Sciences (and past president of BAAC), winner of the NACADA Region 5
Excellence in Advising - Advising Adminsitrator Award.
View both Mark and Connie's wins on the NACADA Awards Website and on the IU Bloomington Newsroom page.
NACADA Updates
Commissioner Teresa Lubbers deleviered the State of Higher Eudcation address on Aprial 13th where she discussed the Commission's strategic plan, Reaching Higher, Delivering Value.
IUB Advisors in attendance at NACADA Annual Conference in Las Vegas, October 4-7 2015
IUB was represented by 10 advisors from several units. They had a great time learning more about advising best practices and networking with advising professionals from around the country.


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Hollyoaks Round Up – October 17, 2007
Tina plans a surprise party for Tony's 30th Birthday. But it's more of a shock for the birthday boy when his exes – Izzy, Julie and Tessie – arrive, and Tessie drops a bombshell: Tony has an eight-year-old son!
Tony and Harry get along well, but what will Jacqui make of it all? Tony gets to find out when she walks in on them just as Tony and Tessie are making their farewell hugs.
Speaking of motherhood, Steph is anxious to prove she has maternal abilities and agrees to baby-sit Tom and Charlie and collect Newt from school, but is her child minding having the right effect on her own relationship?
Nancy and Sarah think Summer could be a laugh to hang around with, especially when she asks about a local guy she is rather keen on, but they are left wondering what's up when Summer receives a visitor: her boyfriend James.
He is to leave for Afghanistan. Summer wants him to stay but if her career takes off, would she really have enough time for him?
O.B. is overjoyed to discover Max has hired Summer to work in MOBs but makes clear to Calvin and Danny that she's out of bounds with a small white lie.
Rhys and Beth both receive a letter from the solicitor about Noel's will. Unable to concentrate, Rhys takes Gilly to the SU Bar, only to find that there is no escape from the object of both of their affections: Beth.
Gilly is gutted to find Beth is off limits when he asks Rhys if he can take her out. When Calvin makes a move on Beth, Rhys lashes out but Beth puts Rhys in his place.
It's Tina's first day as a careers assistant and she's eager to get started. Tina is charmed when her boss, Pete Webster – the head teacher's son – takes her under his wing.


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Northstar Ratings are powered by Northstar Travel Media and are based on objective and unbiased evaluations from experienced editors that individually analyze, research, and evaluate hotels. Hotels and suppliers are not required to pay any fees or pay for memberships to have their property rated.
Northstar Ratings are powered by Northstar Travel Media. Please email email@example.com if you have any questions or comments regarding the rating of an individual property.
Welcome to Crowne Plaza Marlow in the heart of the Thames Valley & Chiltern Hills on the border between Buckinghamshire & Berkshire. A unique design-led hotel overlooking a small lake with the River Thames close by, yet easily reached by car from Heathrow Airport, Maidenhead & Bracknell, High Wycom...
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• Set on the edge of the Cotswolds amid
• 140 acres of private grounds
• 15 meeting rooms for 2-200 delegates
• Championship 18-hole golf course
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• Restaurant and bar 25 minutes from Cheltenham
The Hilton Garden Inn Luton North hotel is ideally located for both business and leisure travelers with the city of London just 30 minutes away. It is also within easy reach of M1 Motorway, local business parks and London Luton Airport.


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2011 Caliterra Reserva Sauvignon Blanc
Curico, CHILE
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- Closure: Screw Cap
Brilliant water like colour with faint greenish tinge around the edges and watery hue. The nose displays zesty citrus, passionfruit and tropical fruit aromas. Quite flavoursome the palate is filled with passionfruit, tropical fruit and citrus flavours. Clean crisp finish with aftertaste of passionfruit and citrus.
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Alc 13.0%


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For rent by Northern Real Estate Ltd. MEMBER 1 Nov 11:27 amBanani, Dhaka
Project Name: Praasad Trade Centre Land Size: 10 katha Building Height : 15 Storied Fully Commercial Building. Available size: Ground floors *Indoor Features : Completely Open Space for the ease of the LESSEE or the Purchaser to perform Interior Works *Outdoor Features : Front face provides an elegant and executive look, very delicate and holds the right space regarding location and other services. *We are looking for Corporate Houses, Banks, Restaurants, Travel Agencies Etc.
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Sept 26-Oct 2 NGC Fall Board Meeting, Portland, Maine
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Datebook 2017
Apr 7 FGCI Springboard Meeting, Marshalltown, IA
Apr 20-21 Gardening Study School, Iowa Arboretum, Madrid
Apr 27 District 6 Meeting, Fort Dodge
May 16-21 NGC Convention, Richmond, VA
June 4 District 4, 5 & 7 Meeting
June 4-10 National Garden Week!
June 15-16 FGCI State Flower Show Convention, Fort Dodge, IA
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Central Region Convention - October 2016
L-R: LORETTA Daisy, Bonnie Bonner, Peggy Moody, Fran Steuk, Brenda Hackbarth, JANE Buck. Juliene Bramer and Terri Ewers. Not present David Moody.


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Not every Wall Street analyst has a buy recommendation on 3M (MMM). In fact, only about one-third of analysts are bullish on the stock, so I keep looking for a reason not to buy it.
I can't find one.
This $31 billion global industrial conglomerate headquartered in the heartland (near St. Paul, Minn.) has long been a winner for investors, and to me looks like it's just going to keep on winning.
Retirement stocks have special critieria to make it into my portfolio. They need to represent both consistency and innovation. They aren't resting on their laurels, but growing modestly — like a Peter Lynch stalwart — and growing EPS. Sure, they can hit bumps in the road and not grow, but as long as they maintain or raise their dividend, buy back stock, and generate tons of free cash flow, it fits the bill.
With that in mind, there are plenty of reasons to like MMM stock for retirement.
You might only know 3M stock from the everyday products you have in your home. Yet 3M is home to some 50,000 products across multiple sectors: Industrial (34% of 2013 revenues and 32% of operating profits); Safety & Graphics (18% and 18%); Healthcare (17% and 24%); Electronics & Energy (17% and 13%), and Consumer (14% and 13%).
That's another retirement winner — diversification. Any one or even two of these segments can tank in a given economy, but the others are there to pick up the slack. The entire MMM company isn't at risk in a major crisis.
Here's another reason to like 3M stock, and it somewhat refers to innovation. Back in 2012, MMM management announced five-year financial goals, demonstrating that they are on top of things and not resting on their laurels. And they have been hitting these targets ever since: annual EPS growth of of 9%-11%; annual growth in organic sales of 4%-6%; and 20% return on investment.
Let's talk about those dividends, too. I want to see consistent dividend payouts — and preferably rising yields. 3M stock is one of 54 U.S. companies that have increased dividends every year over the past 25 years. Earlier this year, 3M stock raised its quarterly dividend by 35%, from 63.5 cents to 85.5 cents.
I also want to see share buybacks from my retirement stocks.
MMM announced a huge increase in its stock buyback program through 2017, upping its estimate of buybacks from a range of $7.5 billion-$15 billion to a range of $17 billion to $22 billion.
The stock is trading just below $144, with a dividend yield of 2.4%. At that price, it trades at 20x trailing EPS, compared to the S&P 500 average PE of 18.3. EPS growth is pegged at 12% per year over the next five years, a point better than the top of management's goal range.
Wall Street's one-year price target for 3M is $153 and change. I think that's reasonable, if current the current PE holds at 20.31. And if it holds for five years, at the estimated earnings growth rate you could see the stock breaking $200 per share by 2018 and approach $250 per share in 2019. With dividends growing 5% a year and being reinvested, in this scenario the stock would throw off an annual average return north of 20%.
Yeah, if you're looking for retirement stocks you could do a lot worse than MMM.
As of this writing, Lawrence Meyers did not hold a position in any of the aforementioned securities. He is president of Asymmetrical Media Strategies, a crisis PR firm, and PDL Broker, Inc., which brokers financing, strategic investments and distressed asset purchases between private equity firms and businesses. He also has written two books and blogs about public policy, journalistic integrity, popular culture, and world affairs. Contact him at firstname.lastname@example.com and follow his tweets at @ichabodscranium.


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December 17, 2010
JAMIE H. & DONNA L. LORAH, INDIVIDUALLY AND ON BEHALF OF ALL THOSE SIMILARLY SITUATED, PLAINTIFFS,v.SUNTRUST MORTGAGE, INC., ET AL., DEFENDANTS.
Presently before the Court is Defendant's Motion to Dismiss (Docket No. 20). For the reasons that follow, the Motion will be granted in its entirety.
I. Background
On February 8, 2008, Plaintiffs Jamie and Donna Lorah ("Plaintiffs"), on behalf of themselves and purportedly on behalf of others similarly situated, filed a Class Action Complaint in the Court of Common Pleas, Berks County, Pennsylvania. Defendant SunTrust Mortgage, Inc. ("SunTrust") timely removed the action to this Court on February 13, 2008, and Plaintiffs filed a motion to remand on March 13, 2008. After denying Plaintiffs' remand motion on February 18, 2009, the Court ordered Plaintiffs to respond to SunTrust's then-pending Motion to Dismiss. Rather than file a response, on March 3, 2009, Plaintiffs filed their First Amended Complaint ("Amended Complaint"). SunTrust moved to dismiss the Amended Complaint (Docket No. 20), Plaintiffs responded (Docket No. 23), and SunTrust replied (Docket No. 27).
On March 18, 2010, the Court placed this matter on its civil suspense docket pending the decision of the U.S. Court of Appeals for the Third Circuit in Jones v. ABN Amro Mortgage Group, Inc., et al., 606 F.3d 119 (3d Cir. 2010).*fn1 The Court returned this suit to its active docket upon notice of that decision, and it ordered the parties to submit supplemental briefing concerning the impact of Jones on resolution of the Motion. Thereafter, Plaintiffs and SunTrust filed, respectively, a Response to Defendant's Notice of Supplemental Authority (Docket No. 32) and a Supplemental Brief in Support of Dismissal (Docket No. 33).
II. Standard
In deciding a motion to dismiss pursuant to Rule 12(b)(6), courts must "accept all factual allegations as true, construe the complaint in the light most favorable to the plaintiff, and determine whether, under any reasonable reading of the complaint, the plaintiff may be entitled to relief." Phillips v. County of Allegheny, 515 F.3d 224, 233 (3d Cir. 2008) (internal quotation and citation omitted). After the Supreme Court's decision in Bell Atlantic Corporation v. Twombly, 550 U.S. 544, 555 (2007), "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 129 S.Ct. at 1949 (citing Twombly, 550 U.S. at 556). This standard, which applies to all civil cases, "asks for more than a sheer possibility that a defendant has acted unlawfully." Iqbal, 129 S.Ct. at 1949. Accord Fowler v. UPMC Shadyside, 578 F.3d 203, 210- 211 (3d Cir. 2009) ("All civil complaints must contain more than an unadorned, the-defendant-unlawfully-harmed-me accusation.") (internal quotation omitted).*fn2
III. Discussion
1. Jones and Lorah
In September of 2007, the Joneses, represented by the same counsel as now represent the Lorahs, filed a putative class action against SunTrust, Countrywide, and other lenders alleging negligence and fraudulent misrepresentation. The Joneses then filed an Amended Complaint that abandoned the fraudulent misrepresentation claim and asserted claims for negligence and violation of the Real Estate Settlement Procedures Act, 12 U.S.C. § 2605 (2010) ("RESPA"). The Amended Complaint sought a declaratory judgment on the theory that various Snyder Entities were, together, the lenders' loan "servicer."*fn3
Joneses an integrated "Equity Slide Down Mortgage" product. In order to refinance with the "Equity Slide Down Mortgage" product, the Joneses signed two sets of documents at two different closings. The first set of documents consisted of a mortgage and note between the Joneses and SunTrust (the "SunTrust Mortgage"), a traditional mortgage lender. The SunTrust Mortgage was legitimate and provided the requisite funds for the mortgage. There was no reference in the documents relating to the SunTrust Mortgage to Snyder's product, the Equity Slide Down Mortgage. Six days after the Joneses completed the transaction with SunTrust, Snyder presented the Joneses with the second set of documents which consisted of a purported "mortgage" and "note" between the Joneses and the Snyder Entities. This transaction purported to "convert" the terms of the SunTrust Mortgage to a lower interest rate and lower monthly payments. The Snyder Entities offered the lower interest rate if the Joneses "pre-paid a large portion of the principal balance" to the Snyder Entities. SunTrust, however, was not a party to this transaction and signed none of the documents. The Joneses made the large cash prepayment that Snyder requested. As a result, the interest rate and monthly payments on the "Equity Slide Down Mortgage" product were lower than those required under the SunTrust Mortgage. The Joneses' obligations to SunTrust, however, remained unchanged. Indeed, the document the Joneses signed with SunTrust provides "If I make a partial Prepayment, there will be no changes in ... the amount of my monthly payment unless [SunTrust] agrees in writing to those changes." However, the documents the Joneses signed with the Synder Entities did make changes. Significantly, as the complaint states, the Snyder Entities "dictate[d] that all monthly payments were to be remitted to them," and, at the Snyder Entities' request, the Joneses signed a change-of-address form instructing SunTrust to direct all future correspondence to the Snyder Entities. This effectively forestalled communication between the Joneses and SunTrust.
Meanwhile, the Snyder Entities remitted to SunTrust the full monthly payments due on the Joneses' SunTrust Mortgage. According to the Joneses' counsel, the Snyder Entities did so by using the funds accumulated by the large prepayments to make up for the shortfall in what the Joneses were paying monthly under the "Equity Slide Down Mortgage" product. In 2005, the Joneses SunTrust and other named lenders moved to dismiss for failure to state a claim. The Honorable James Giles, U.S.D.J., granted the lenders' motion to dismiss and denied the Joneses' request for leave to amend. The putative class was never certified, and the Joneses appealed.
The U.S. Court of Appeals for the Third Circuit affirmed the dismissal. The decision of the Court of Appeals was straightforward, and it turned on the central allegations that the Snyder Entities were "loan servicers" under RESPA and/or common law agents of the defendants. Id. at 124-26. In short order, the Third Circuit concluded that Plaintiff's factual averments were insufficient to support the allegation that the Snyder Entities were loan servicers under the definition set forth in RESPA given the nature of the Ponzi scheme in question and the terms of the loans made by the defendants. Id. at 124-25. Furthermore, the Third Circuit concluded that the Plaintiffs had "point[ed] to no action" of the defendant lenders which suggested an agency relationship with the Snyder Entities. Id. at 125. Indeed, the Court explicitly stated: "We do not suggest that there may not be an instance in which the actions of the original lender clothe another with apparent authority as a 'servicer.' This is not such a case."
Id. at 125 n.4 (emphasis added). Finally, the Third Circuit affirmed the denial of leave to amend the complaint for a second time as both futile and inequitable. Id. at 125-26.
Now, in the instant matter, Plaintiffs bring claims on their own behalf and on behalf of a putative class which consists of "all persons who used Image Masters, Inc. as a loan servicer at the direction of OPFM, Inc. for purposes of loan payments and prepayments relating to a mortgage loan from SunTrust that originated by or through and OPFM, Inc." Id. at ¶ 108.*fn4
Plaintiffs bring four counts: (1) civil conspiracy; (2) violation of Pennsylvania's Unfair Trade Practices and Consumer Protection Law ("UTPCPL"); (3) Breach of Contract - Implied Duty of Good Faith and Fair Dealing; and (4) Declaratory Relief. Id. at pp. 27-41.*fn5
In the face of the pronouncements of Jones, Plaintiffs contend that the Amended Complaint in this matter should survive the instant Motion to Dismiss. Plaintiffs broadly reference a "more fully developed record." Pl's Supp. Br. at 2. However, the Court does not find any additional, specific averments that fundamentally alter the Third Circuit's apt analysis; to the contrary, the Court concludes that the factual allegations of the instant Amended Complaint are substantially and fundamentally identical to those in Jones. Plaintiffs have clearly ratcheted their rhetoric up to a remarkable degree, however naked rhetoric and factual content that enables the Court to draw reasonable inferences of liability for misconduct are different matters.
2. Agency and UTPCPL Claims
Because Jones rejected the notion of the Snyder Entities being SunTrust's agents by way of being loan servicers as defined by RESPA (the law exclusively governing loan servicing), 551 F. Supp. 2d at 411, Plaintiffs must now attempt to hang their hat on pleading common law agency. There are two kinds of common law agency -- actual and apparent. The former does not require discussion: the Court finds that, as implicit in Jones, Plaintiffs have not alleged sufficient facts, beyond bald assertions, to support a reasonable inference that SunTrust manifested and exercised direct control of the Snyder Entities to do much of anything, let alone swindle the Plaintiffs via the equity slide down program.
If Plaintiffs were to be able to proceed here, as opposed to in Jones, they would need to sufficiently plead apparent authority to support claims under Pennsylvania's Consumer Protection Law, 73 P.S. § 201-2 (West 2010) ("UTPCPL"). In an attempt to do so, Plaintiffs assert that certain exhibits supplement the factual scenario presented in Jones. First, Plaintiffs highlight a SunTrust form letter addressed to the Lorahs in which SunTrust discloses loan information regarding the equity slide down mortgage and refers to a Snyder Entity as a "potential lender." Plaintiffs contrast this to a letter utilized in Jones, which was addressed to a non-party of the lawsuit. Jones, 606 F.3d at 125, n.3. However, the distinction is of no import because the Lorahs' letter does not characterize the relationship of SunTrust and the Snyder Entities and does not state that the Snyder Entities were agents of SunTrust. Second, Plaintiffs refer to the Lorahs' specific equity slide down loan documents. Nothing in those documents, however, indicates that SunTrust produced them for the Snyder Entities, let alone gave those entities the authority to sell the mortgage product at issue on their behalf. In fact, SunTrust is only mentioned in the documents in order to name the original mortgagor to which the Snyder Entities were agreeing to make payments for the Lorahs' original loan. Finally, Plaintiffs highlight a blank SunTrust Mortgage Broker Agreement. But even if SunTrust and the Snyder Entities signed such an agreement (as Plaintiffs aver, Am. Compl. ¶ 32, despite not producing a signed version), and the public had access to the document after Plaintiffs bought the Snyder Entities' mortgage product, the Agreement does not support an allegation of agency because it explicitly states that brokers shall not "be deemed an agent, employee or legal representative of the other party." No other "additional" exhibits are of material significance. The Court concludes that these supplemental allegations do not support a reasonable inference that SunTrust clothed the Snyder Entities with apparent authority.
Plaintiffs also argue that their allegations about the business relationship between SunTrust and the Snyder Entities are more detailed in the instant Amended Complaint than they were in Jones, so as to establish a sufficient inference of apparent agency. More specifically, Plaintiffs cite purportedly enhanced allegations that SunTrust and the Snyder Entities had an extensive business relationship over time (Am. Compl. ¶ 18); SunTrust profited from the Snyder Entities' activities (Am. Compl. ¶ 61); and SunTrust paid the Snyder Entities commissions and awarded them recognition plaques (Am. Compl. ¶ 19, 47). Under Pennsylvania law, apparent agency is the "power to bind a principal which the principal has not actually granted, but which leads persons with whom his agent deals to believe that he has granted." L & M Beverage Co. v. Anheuser Busch, Inc., No. 85-6937, 1988 U.S. Dist. LEXIS 9223, *33 (E.D. Pa. Aug. 16, 1988). Thus, to determine whether Plaintiffs have adequately pleaded a claim hinging upon apparent agency, the Court looks to whether Plaintiffs allege conduct of the purported principal (not alleged in Jones) "which, reasonably interpreted, causes [a] third party to believe that the principal consents to have the act done on his behalf by the person purporting to act for him." Reibstein v. CEDU/Rocky Mt. Acad., No. 00-1781, 2000 U.S. Dist. LEXIS 18206, *27 (E.D. Pa. Dec. 20, 2000) (quoting Adriatic Ship Supply Co. v. M/V Shaula, 632 F. Supp. 1573, 1575 (E.D. Pa. 1986)). The Court finds the Amended Complaint does not sufficiently allege such conduct. See Am. Compl. at ¶ 53 ("OPFM created the false appearance..."); ¶ 19 (failing to allege any larger or additional payment for second loan transaction); ¶ 47 (failing to allege that plaques reference any achievements by OPFM beyond brokering normal SunTrust mortgages). Indeed, because the "second" loan parts of the equity slide down transactions at issue did not affect SunTrust's benefits under the original mortgages, Jones, 606 F.3d at 122, there is no reasonable inference to be drawn that SunTrust had any reason to award plaques or pay commissions in relation thereto those "second" loans.*fn6
The Court concludes that, under Twombly and its progeny, the Amended Complaint fails to sufficiently plead facts to support an inference of agency.*fn7 As a result, Plaintiff's Amended Complaint must be dismissed as to Count Two to the extent that Count relies upon either UTPCPL §§ 201-2(4)(v) ("Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation or connection that he does not have"), or 201-2(4)(xi) ("Advertising goods or services with intent not to sell them as advertised").
There remains UTPCPL § 201-2(4)(xxi), a "catch-all" provision which provides that "engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or misunderstanding" constitutes an "unfair or deceptive practice." 73 P.S. § 201-2 (West 2010); Toy v. Metropolitan Life Ins. Co., 593 Pa. 20, 928 A.2d 186, 190 n.4 (Pa. 2007). The UTPCPL must be construed liberally. See Keller v. Volkswagen of Am., Inc., 1999 Pa. Super. 153, 733 A.2d 642, 646 (Pa. Super. 1999). Following a set of amendments to the UTPCPL in 1996,*fn8 federal courts in this District have come to the general view that a plaintiff may proceed under the "catch-all" provision either by (1) pleading all the elements of common law fraud or (2) alleging deceptive conduct and an ascertainable loss but not necessarily all the elements of common law fraud. See Hansford v. Bank of Am., 2008 U.S. Dist. LEXIS 65502, *39-40 and n.7 (E.D. Pa. Aug. 22, 2008).*fn9
First, to sufficiently plead "fraudulent" conduct under the UTPCTL, Plaintiffs must allege facts to support a reasonable inference that SunTrust is liable for common law fraud. Levine v. First Am. Title Ins. Co., 682 F. Supp. 2d 442, 467 (E.D. Pa. 2010) (citing Weinberg v. Sun Co., 565 Pa. 612, 777 A.2d 442, 445-46 (Pa. 2001)). One of the elements of common law fraud is a material misrepresentation, Santana Products, Inc. v. Bobrick Washroom Equip, Inc., 401 F.3d 123, 136 (3d Cir. 2005) -- that is, a misrepresentation "made with the intent of misleading another to rely on it." Levine, 682 F. Supp. 2d at 467.*fn10 However, the Amended Complaint does not so allege -- i.e., rather than alleging that SunTrust proactively intended to mislead the Plaintiffs, it actually avers such elements as "inaction," "lack of diligence," and "slacking off." Second, to sufficiently plead "deceptive" conduct, Plaintiffs must allege a deliberately deceptive act and resulting harm. Seldon, 647 F. Supp. 2d at 470. However, such an act would not, for example, include "touting" the performance of a financial tool created by another party and used for corrupt purposes. See Belmont v. MB Inv. Partners, Inc., 2010 U.S. Dist. LEXIS 57822, *2-4 (E.D. Pa. June 12, 2010) (where defendant investment company had touted the performance of an enhanced stock index fund formed by an employee and used to operate a Ponzi scheme, noting the plaintiffs' loss was directly attributable to an employee's lies, embezzlement and Ponzi scheme rather than to anything the company did).*fn11 Here, Plaintiffs merely allege that Defendants, in various ways, touted their relationship with the Snyder Entities.
Again setting aside an excessive number of bald legal assertions and conclusory statements that are insufficient under Twombly and its progeny (e.g., Am. Compl. ¶¶ 156-157), the Court concludes that Plaintiffs have not adequately pleaded that SunTrust, either by itself or through its agent, engaged in either fraudulent or deceptive conduct that Plaintiffs relied on to their detriment. As a result, Count Two must be also be dismissed as to any UTPCPL "catch-all" claim.
3. Civil Conspiracy Claim
Count One must also be dismissed. A civil conspiracy claim requires "an agreement between the parties to inflict a wrong against or injury upon another." Adams v. Teamsters Local 115, 214 Fed. Appx. 167, 172 (3d Cir. 2007).*fn12 However, rhetoric aside, Plaintiffs fail to sufficiently aver that SunTrust proactively agreed with the Snyder Entities to commit wrongdoing. The mere implication that SunTrust was motivated to maintain its business relationship with the Snyder Entities because of its interest in financial rewards is insufficient to support an inference that SunTrust acted solely with malice or intent to injure Plaintiffs. See, e.g., Morilus, 651 F. Supp. 2d at 313 (dismissing civil conspiracy claim because the commission of fraud "does not necessarily indicate that the [party] acted with the specific intent to injure [the other party]"); Becker v. Chi. Title Ins. Co., 2004 U.S. Dist. LEXIS 1988, *39-40 (E.D. Pa. Feb. 4, 2004) ("An essential element of proof for conspiracy is malice or intent to injure... Pennsylvania courts have found that this element of malice will only be found when the sole purpose of the conspiracy is to cause harm to the party who has been injured.") (internal citations omitted). Here, even if there were averments that SunTrust acted to injure Plaintiffs, other factual allegations that "[SunTrust] acted to advance [its] own business interests, and not solely to injure [Plaintiffs], negate any alleged intent to injure." Becker, 2004 U.S. Dist. LEXIS at * 40 (emphasis added).*fn13
4. Breach of Duty of Good Faith and Fair Dealing Claim
Count Three must also be dismissed. The gist of Plaintiffs' allegations concerning the breach of duty of good faith claim are that SunTrust acted unreasonably in (1) being unaware of the Snyder Entities' criminal activities, and (2) refusing to reasonably accommodate Plaintiffs (to SunTrust's own detriment) for the harm caused by the Snyder Entities (e.g., by not imposing late fees, applying certain loan balances, reporting negative credit events, or threatening foreclosure).*fn14 This claim cannot be maintained for two reasons.
First, in Pennsylvania a lending institution cannot "violate a separate duty of good faith by adhering to its agreement with the borrower or by enforcing its legal and contractual rights as creditor. The duty of good faith imposed upon contracting parties does not compel a lender to surrender rights which it has been given by statute or by the terms of its contract." Elleta Corp. v. Bank of New England, N.A., 1990 U.S. Dist. LEXIS 847, *6 (E.D. Pa. Jan. 25, 1990) (quoting Creeger Brick & Bldg. Supply, Inc. v. Mid-State Bank & Trust Co., 560 A.2d 151, 154 (Pa. Super. Ct. 1989)). Likewise, a lender does not breach its duty of good faith merely by refusing to delay recovery after a debtor defaults. Id. See also Bedrock Stone and Stuff, Inc. v. Mfrs. and Traders Trust Co., 2005 U.S. Dist LEXIS 10218, *21 (E.D. Pa. May 25, 2005) (noting only rights exercised in an unreasonable manner will breach the implied duty).
Second, under Pennsylvania law, the Court may not imply a contract different from the contract expressly adopted by the parties. Hutchison v. Sunbeam Coal Corp., 513 Pa. 192, 519 A.2d 385, 388) (Pa. 1986). Plaintiffs allege that SunTrust acted in bad faith with respect to loan disclosures, Snyder's "leveraging" of authority, and the Snyder Entities' breach of SunTrust's regulations. Plaintiffs aver that the mortgage servicing Ponzi scheme would not have operated if SunTrust had supervised and audited the Snyder Entities in a reasonable manner and ensured compliance with SunTrust's own standard rules and regulations. However, Plaintiffs have averred no facts to support a claim that the original SunTrust Notes or Mortgages required SunTrust to investigate the second equity slide down mortgage product, evaluate the Snyder Entities' credibility, or monitor the Snyder Entities' actions. Indeed, the SunTrust Mortgages are focused on payment obligations, not third-party relationships. Explained differently, Plaintiffs do not actually allege that SunTrust breached any of the terms of the underlying Notes or Mortgages. Rather, Plaintiffs' breach of the covenant of good faith and fair dealing claim is premised on purported responsibilities aside from the satisfaction of the obligations of those documents. This is impermissible. See, e.g., Benchmark Group, Inc., v. Penn. Tank Lines, Inc., No. 07-2630, 2009 WL 943515 (E.D. Pa. Apr. 8, 2009) ("In order to plead a cause of action for breach of the covenant of good faith, whether it is an express or implied covenant, a plaintiff must allege facts to establish that a contract exists or existed, including its essential terms, that defendant failed to comply with the covenant of good faith and fair dealing by breaching a specific duty imposed by the contract other than the covenant of good faith and fair dealing, and that resultant damages were incurred by plaintiff.") (emphasis in original) (citing Sheinman Provisions, Inc. v. Nat'l Deli, LLC, No. 08-453, 2008 WL 2758029, at *3 (E.D. Pa. Jul. 15, 2008)). Here, Plaintiffs do not aver that SunTrust breached specific provisions of the original Notes and Mortgages. Expanding the scope of SunTrust's duties to allow Plaintiffs' claim is specifically disfavored by law because it would imply a contract different from the SunTrust Notes and Mortgages.
5. Declaratory Judgment
Count Four is facially deficient because declaratory judgment is a remedy, not a count. Jones v. ABN AMRO Mortg. Group, Inc., 551 F. Supp. 2d 400, 406 (E.D. Pa. 2008). Because the Court is dismissing Plaintiffs' substantive claims, the claim for a declaratory judgment is also appropriately dismissed. Jones, 606 F.3d at 126 n.5.
6. Amendment
The Court finds granting leave to amend would be both futile and inequitable because, based on the Court's examination of Plaintiffs' claims and the Plaintiffs' generalized request, there is no indication that re-pleading would correct the defects identified herein. See Travelers Indem. Co. v. Dammann & Co., 594 F.3d 238, 256 n.14 (3d Cir. 2010).
IV. Conclusion
This matter will be dismissed in its entirety with prejudice. An appropriate Order follows.
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rafael lópez studio
Sunday, June 19, 2016
Thursday, May 12, 2016
Finding direction for Bravo.
|Process painting on wood-searching for direction
|Study of Cesar Chavez
Friday, May 6, 2016
Latinos in Kid Lit
Thanks to Latinos in Kid Lit for this great article on Book Fiesta that celebrates Día de los Niños/Children's Day/Book Day. To read the article and see lots of imagery please visit this link: Latinos in Kid Lit
Thursday, May 5, 2016
7 year old Roshini reviews Maybe Something Beautiful
Really enjoyed this review by 7 year old Roshini of Maybe Something Beautiful at Kids Book Buzz
Sunday, May 1, 2016
Maybe Something Beautiful Mural
San Diego Cooperative Charter School 2 Before
New Mural painted for El día de los niños/El día de los libros [Children's Day/Book Day]
Community at work.
Maybe Something Beautiful Book Team: Author Isabel Campoy, Editor Jeannette E. Larson HMH, Stefanie Von Borstel of Full Circle Literary and Author Theresa Howell.
|Grateful to SDCCS 2 Principal Anthony Villaseñor
|Authors Theresa Howell & Isabel Campoy read Maybe Something Beautiful to the crowds
Had a great time last week preparing and painting this mural to celebrate Día and the release of Maybe Something Beautiful. Thanks to all the amazing kids, volunteers, families and artist friends who made it possible at the San Diego Cooperative Charter School 2 in southeast San Diego.
Monday, April 18, 2016
Viva Cuba/Focus on
Cuba and the United States are only 90 miles away but for over 50 years have been apart. Teachers and students are discussing our changing relationship in their classrooms. Thanks to School Library Journal for posting a list of useful books and for including Drum Dream Girl written by Cuban born Margarita Engle on that list. Check it out at School Library Journal.
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