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decided: January 21, 1972.
Appeal from the Order of the Court of Common Pleas of Lancaster County in case of In Re: Appeal of Model Enterprises, Inc., challenging the validity of certain provisions of the Rapho Township Zoning Ordinance and Appealing from a decision of the Zoning Hearing Board of Rapho Township, dated June 26, 1970, at Trust Book 41, Page 361.
Charles B. Grove, Jr., with him May, Grove, Stork & Blakinger, for appellant.
Paul K. Allison, with him Barley, Snyder, Cooper & Mueller, for appellee.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer and Rogers. Opinion by Judge Wilkinson.
[ 4 Pa. Commw. Page 164]
In this zoning appeal we are asked to determine: (1) whether appellee acquired a vested right to utilize approximately 19 acres of land as a mobile home park prior to the enactment of the Rapho Township Zoning Ordinance which prohibited such a use, and (2) whether Section 3.02 of the Rapho Township Zoning Ordinance gives appellee the right to complete construction of a mobile home park on the land in issue.
Appellee is the owner of two tracts of land located in Rapho Township, Lancaster County. On 14.978 acres
[ 4 Pa. Commw. Page 165]
of the larger tract, appellee wishes to construct a mobile home park. A smaller tract, four acres and 114 perches in area, is to be used as the location of sewage treatment facility to support the mobile home park. Appellee entered into an agreement of sale to purchase the larger tract on June 27, 1969, and received title on October 1, 1969. Title to the smaller tract was transferred to appellee by deed on October 3, 1969. The record reveals that as early as July 5, 1969, appellee's engineer conducted an inspection of the site. From this date until November 4, 1969, appellee or his representatives did the following acts: the engineer prepared a perimeter sketch of the area; a geologist conducted a survey of the site; the engineer prepared sketches showing two possible site plans; and a meeting was held between the engineer and representatives of utility companies with respect to providing services to the mobile home park. On November 4, 1969, a well to supply water to the mobile home park was drilled. By November 12, 1969, the engineer had completed a preliminary plan showing the location of streets as well as sites for 95 mobile homes. After November 12, 1969, the preliminary plan was revised to satisfy the objections of Texas Eastern whose underground gas transmission line crossed the site. On November 18, 1969, the well was tested and the flow found sufficient to support 100 mobile homes. By January of 1970, the engineer had completed street profiles and sewer plans. The final plan for the mobile home park was completed on January 9, 1970, and included provisions for 79 mobile homes, play areas, streets, refuse disposal containers, a service building and a pump house. In the latter part of 1969 or the early part of 1970, the gas utility company installed a gas supply line to the property. Prior to February 18, 1970, wooden stakes were placed on the land, presumably as an aid in construction. Following approval of
[ 4 Pa. Commw. Page 166]
plans for sewage disposal by the Pennsylvania Department of Health on February 17, 1970, but prior to February 23, 1970, appellee commenced excavation and grading for the installation of sewer lines, water lines and streets.
Contemporaneous with appellee's activity, Rapho Township embarked on a program designed to place the township under land use controls through the enactment of a comprehensive plan and a zoning ordinance. The public first received official notice of this program when the Rapho Township Planning Commission advertised the holding of a public hearing to discuss the comprehensive plan on September 12, 1969. From this date forward, public hearings were held by the Planning Commission and the Board of Supervisors on the comprehensive plan and the zoning ordinance. On February 18, 1970, the efforts of Rapho Township reached fruition with the enactment of a zoning ordinance which became effective on February 23, 1970. The zoning ordinance did not allow the use to which appellee intended to put his property, i.e., a mobile home park.
Following the effective date of the zoning ordinance, appellee proceeded with construction of the mobile home park. On April 6, 1970, the solicitor for the zoning hearing board, by letter, informed appellee that his construction was in violation of the zoning ordinance. Appellee was ordered to make application for a permit or cease work. Appellee made application, but the zoning officer refused to issue a permit. Appellee appealed the action of the zoning officer to the Board of Zoning Adjustment requesting an interpretation of Section 3.02 of the zoning ordinance under which he felt that he was entitled to the permit. The Zoning Board of Adjustment affirmed the action of the zoning officer. Appellee then appealed this decision to the Court of Common Pleas of Lancaster County which, after hearing, reversed
[ 4 Pa. Commw. Page 167]
the board and held that (1) appellee had a vested right and, therefore, could continue construction, and (2) Section 3.02 of the Zoning Ordinance gave appellee the right to complete construction. It is from this decision that Rapho Township appeals. We must affirm the decision of the lower court.
Section 3.02 of the Rapho Township Zoning Ordinance states: "Nothing in this ordinance shall require any change in plans or construction of a lawful use, construction of which is lawfully started before the effective date of the ordinance and which is completed within one year after the effective date of this ordinance." We quote with approval that portion of Judge Brown's opinion that applies this section of the ordinance to the facts of this case: "More importantly and certainly a controlling factor in this appeal is the definite language in the zoning ordinance itself in § 3.02 above quoted. Research of counsel and the Court reveals no Pennsylvania case interpreting this language in a zoning ordinance, as related to the present factual situation. However, the language of this section is very clear and unambiguous. Model had certainly begun a lawful construction before the effective date of the ordinance. By incorporating this section in the ordinance Rapho assumed the risk of an operation such as Model's being then underway. . . ."
The view which we take of this case makes it unnecessary that we decide the issue of whether appellee had a vested right to use his property as a mobile home park, although we take note of the decision of the Pennsylvania Supreme Court in Boron Oil Company v. Kimple, 445 Pa. 327, 284 A.2d 744 (1971), decided December 20, 1971.
Order affirmed.
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Since August, the yuan has risen more than 10% against the euro, although it fell against the U.S. dollar for most of the past two months. China's currency made such swift gains against the euro mainly because of the economic slowdown in the eurozone, said Yang Shengkun, an analyst with China Citic Bank.
Full Story:People's Daily (China)

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One other thing I should probably tell you: I make my feelings known frequently and loudly too! I love to bark and bay when I'm playing, and I also tell you all about my dislike of being crated when you leave or when you come home *and sometimes during the night). Foster mom is working with me but it will still take some patience and training to help me know when to stay quiet. I just love life so much I have to tell you about it! For this reason, I wouldn't be good in an apartment or a home with close neighbors. At the vet's suggestion, foster Mom gives me melatonin at night to help me sleep, and it is working wonders! Hopefully I won't need to take it for long, but right now it helps me settle down so we ALL get a good night's sleep!
I am a good boy though, and I am super cute! I love to be with people and with other dogs. I even love the 3 year old who comes to visit and I'm very good with her. I ride well in the car, and I'm getting pretty good at housetraining. Foster mom does have a doggy door, which makes it easy for me, but I'd probably learn pretty quickly to go outside if you don't have one.
Cats? Not so much- I just want to chase them whenever I see them!
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Shots, until time of adoption
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From Boston, we will head to Howe Caverns or Secret Caverns in upstate NY (During Summer this tour goes to Thousand Islands instead). Then, we will move to Watkins Glen State Park in Finger Lakes, NY. We will continue to Niagara Falls to watch Niagara Legend of Adventures Movie and view Niagara Falls Illumination at night.
In the early morning, we will continue exploring Niagara Falls. We will take the famous Maid of the Mist boat (From May to October depending on the weather) and join Niagara Falls In-Depth Tour visiting Old Fort Niagara. Finally, we will return to Boston.
Additional note
The Maid of Mist boat can be visited on its last dayOctober 24 . Then, it is back in May depending on the weather.
Summer Time is from Mid April to Mid November.
Changes might be subjected to the tour. Please contact us in one or two days for final itinerary.
Departure and Return Details
Departure Location
06:00 AM 42 Beale St., Quincy, MA 02170 (Free parking at CVS Pharmacy overnite lot)
07:45 AM Mass Turnpike I-90 Westbound, Service Area 6W, Charlton, MA 01508
Return Location


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Simple Blvd Stars Sports Bra
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Activewear - Sports Bras
The fun design of this sports bra keeps it all in check while you're at the gym, out for a jog, or namastay'ing all over the place. Pair with the Pacer Streaked Slashed Leggings for the perfect workout look.
- Machine wash cold with like colors
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Model is 5'9" and is wearing a size Small


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FY2016 EPS Estimates for Horizon Global Corp. (HZN) Boosted by Barrington Research
Horizon Global Corp. (NYSE:HZN) – Equities research analysts at Barrington Research raised their FY2016 earnings per share (EPS) estimates for Horizon Global Corp. in a research report issued to clients and investors on Tuesday. Barrington Research analyst R. Hokanson now forecasts that the firm will earn $1.04 per share for the year, up from their prior estimate of $1.00. Barrington Research also issued estimates for Horizon Global Corp.'s FY2017 earnings at $1.44 EPS and FY2018 earnings at $1.78 EPS.
Other research analysts also recently issued research reports about the stock. Zacks Investment Research upgraded shares of Horizon Global Corp. from a "hold" rating to a "strong-buy" rating and set a $17.00 target price on the stock in a research report on Wednesday, August 10th. TheStreet upgraded shares of Horizon Global Corp. from a "sell" rating to a "hold" rating in a research report on Thursday, September 8th. Finally, CJS Securities assumed coverage on shares of Horizon Global Corp. in a research report on Tuesday, September 20th. They set a "market outperform" rating and a $23.00 target price on the stock. Two equities research analysts have rated the stock with a hold rating and five have assigned a buy rating to the stock. The stock currently has a consensus rating of "Buy" and a consensus target price of $15.50.
Horizon Global Corp. (NYSE:HZN) traded down 0.52% on Wednesday, reaching $20.93. 95,705 shares of the company were exchanged. The company's 50-day moving average price is $18.89 and its 200-day moving average price is $14.01. The stock has a market capitalization of $380.78 million, a P/E ratio of 26.83 and a beta of 2.25. Horizon Global Corp. has a 12-month low of $8.04 and a 12-month high of $22.12.
Horizon Global Corp. (NYSE:HZN) last issued its quarterly earnings data on Tuesday, August 9th. The company reported $0.64 earnings per share (EPS) for the quarter, topping the Thomson Reuters' consensus estimate of $0.39 by $0.25. The company earned $167.76 million during the quarter, compared to the consensus estimate of $166.54 million. Horizon Global Corp. had a net margin of 2.40% and a return on equity of 360.31%.
Hedge funds have recently made changes to their positions in the stock. Nationwide Fund Advisors raised its stake in shares of Horizon Global Corp. by 5.7% in the second quarter. Nationwide Fund Advisors now owns 12,413 shares of the company's stock worth $141,000 after buying an additional 672 shares during the period. Wilen Investment Management CORP. acquired a new stake in shares of Horizon Global Corp. during the second quarter worth approximately $139,000. Metropolitan Life Insurance Co. NY acquired a new stake in shares of Horizon Global Corp. during the second quarter worth approximately $162,000. Numeric Investors LLC raised its stake in shares of Horizon Global Corp. by 17.4% in the second quarter. Numeric Investors LLC now owns 16,230 shares of the company's stock worth $184,000 after buying an additional 2,400 shares during the period. Finally, Citadel Advisors LLC acquired a new stake in shares of Horizon Global Corp. during the second quarter worth approximately $205,000. Institutional investors and hedge funds own 88.31% of the company's stock.
Horizon Global Corp. Company Profile
Horizon Global Corporation is a designer, manufacturer and distributor of a range of custom-engineered towing, trailering, cargo management and other related accessory products serving the automotive aftermarket, retail and original equipment (OE) channels. The Company operates through two segments: Cequent Americas and Cequent APEA.
Receive News & Stock Ratings for Horizon Global Corp. Daily - Enter your email address below to receive a concise daily summary of the latest news and analysts' ratings for Horizon Global Corp. and related stocks with our FREE daily email newsletter.


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Currey & Co 6944 Hymn Charcoal Gray Glass Table Lamp
This item has been discontinued, however we may still be able to have it custom made. Prices on discontinued items are not guaranteed. Please call 877-237-9098 with inquiries.
Currey & Co 6944 Hymn Charcoal Gray Glass Table Lamp
Model No.: CUR6944
Number of Bulbs: 1
Shade: Sand Linen
Bulb Type: Edison
Width: 18"
Note: Portable Fixture
Collection: Hymn
Bulb Wattage: 150W
Finish: Charcoal Gray Glass
Material: Glass/Metal
Height: 34.25"
- Cord Length: 8 ft
- Diameter or Depth: 18"
data-bread-crumbs="" data-lang="en">


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Active SuperTracby Ogawa (Model No. OG6020)
- FREE Curside Delivery
- "Best on the Web" Return Policy
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- Weight capacity: 300 lbs.
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Manuals, Literature & Videos for the Active SuperTrac
Overview of the Active SuperTrac
The Active SuperTrac massage chair is luxurious and relaxing with innovative technology and one of a kind design. This chair features quad style roller technology with soft roller heads that are able to adjust to the contour of your body for the perfect pressured massage. Two stages of zero gravity recline and the Smart Curve S-Trac Design helps you to find the most comfortable position for your body. The Active SuperTrac chair comes with 4 pre-programmed massage modes, exclusive UNIQ SuperTrac Manual Modes, 6 massage techniques, 2 stretching features, heat and vibration, and a convenient timer and pause setting. Massage techniques for this bed include kneading, swedish, tapping, shiatsu, clapping, and rolling. In addition, this chair has a USB charger built in, so you can keep your Smartphone or Tablet nearby, even when it's low on battery! An easy to use remote allows you to easily adjust your position. Choose your high grade polyurethane fabric in black, graphite, chocolate, or cherry!
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- See also:
- Details & Specs
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Specifications for the Active SuperTrac
|Distance from Wall Needed:
|Overall Width:
|Overall Depth:
|Overall Height:
|Included Types of Massage:
Foot & Calf Massage
Vibration Massage
|Number of Pre-Set Programs:
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Approximate Shipping Dimensions and Weights
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|Box 1
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|Box 2
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|56.20 lbs.
Manuals & Literature
Warranty Information for the Active SuperTrac2 Year Parts, 1 Year Labor, 5 Year Framework
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- Overview
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SpinLife Return Policy for the Active SuperTracThis item is covered by the SpinLife "Best on the Web" 30-Day Return Policy with a required Restocking Fee.
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Customize & Buy


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0161 833 1044
29 January 2015
In this blog, we will profile the Professional Presentation
Skills Workshop.
We encourage your presence at this event, because it
represents the golden opportunity to extend your knowledge in terms
of how to present effectively and ideas in front of your clients or
your team.
Generally, a single presentation can influence an individual's
reputation at the workplace, either positively or negatively.
It's really pleasant when you're congratulated for your
outstanding talent in making presentations, but what do you do when
you don't feel confident as a presenter and can't retain the
attention of those around you?
The solution would be to forget the uncontrolled nervous
non-verbal communication and even the unprofessional visual aids
that instead of helping you, they usually make you struggle between
your arguments, and sign up for this workshop.
This is what you expect on the day:
It's important to mention that all of these will be delivered by
a highly experienced marketing professional, Andrew Thomas, who is
currently non-executive director of the digital businesses
Auburnise and Return on Digital. His background illustrates an
outstanding career, especially thanks to his long term presence
within the global advertising agency, McCann-Erickson.
It sounds really interesting, doesn't it? The event will
take place on Wednesday, 25th February 2015, between9:30
am - 17:00pm atTBC (Manchester City Centre). Book your ticket
today! For groups of 3 or more, some discounted rates are applied.
Now you can start to assess your presentation skills in order to
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For more details about the event, have a look on
Manchester Digital website.
© The Candidate 2016. Designed and Developed by Tangent Design
Registered office: St. Johns Court, 19b Quay Street, Manchester, M3 3HN


text: Nicely equipped 2002 Volvo S60 T5 sport sedan! Last of the Swedish built T5 S60. Leather interior, sunroof, alloy wheels, steering wheel mounted controls, power windows, power locks, air conditioning, climate control, premium CD sound and more! Safety inspection and 1 year warranty at asking price! We finance all credit!Call or text Riley 778-968-7184Call or text Kelly 604-727-8476We are your financing expert. Custom loans, flexible terms, no penalties. Special credit loans and prime loans at bank rates! Apply now at www.ricksdealsonwheels.com


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Kitchenaid Sixty-Minute Rolls
Total Time
Prep 1 hr
Cook 0 mins
You really can make these rolls in an hour. I have used this dough to make quick cinnamon rolls. These directions are for a Kitchen-Aid mixer.
Ingredients Nutrition
- 4 -5 cups flour
- 3 tablespoons sugar
- 1 teaspoon salt
- 2 (1/4 ounce) packages yeast
- 1 cup milk
- 1⁄2 cup water
- 1⁄4 cup butter or 1⁄4 cup margarine
- Combine 3 1/2 cups flour, sugar, salt and undissoloved yeast in bowl.
- Attach bowl and dough hook. Turn to speed 2 and mix for 1 minute.
- Combine milk, water and margarine in a saucepan. Heat over low heat, until liquids are very warm (120 to 130). Margarine does not need to melt.
- Turn to speed 2 and gradually add liquid to flour mixture, about 30 seconds. Mix 1 minute longer. Continue on speed 2, adding remaining flour, 1/2 cup at a time, as needed. Mix until dough clings to hook, about 5 minutes.
- Knead dough on speed 2 for 7-10 minutes longer, or until dough is smooth and elastic. Stop.
- Place in greased bowl, turning to grease top. Cover, let rise in a warm place 15 minutes.
- Turn dough out onto floured board. Divide in half and shape as desired. Cover; let rise in slightly warm oven (about 90 degrees) for 15 minutes or until doubled in bulk [usually 15 minutes works just fine!].
- Bake at 425, for 12 minutes, or until nice and brown. Remove from baking sheets and cool on wire racks.
- I usually make balls. But for something fancy you can make one of the following:.
- Curlicues: Divide dough in half and roll each half to 12x9 inch rectangle. Cut 12 equal strips about 1 inch wide. Hold one end of strip firmly and wind tightly to form a coil, tucking ends underneath. Place on greased baking sheets about 2 inches apart.
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Most Helpful
These were amazing! Light, yeasty aroma. Perfect!
I have used this recipe for years. I use it for hamburger/sandwich rolls as well as dinner rolls. It also works well for cinnamon rolls. Instant yeast works well in the recipe.
I found the instructions a little unclear, however, I used common sense to get through the unclear portions. They turned out fluffy and yummy. I put them in the oven to rise at 90* and then removed them while the oven preheated to 425* and then put them back in. I left them in for 9 minutes and they cooked perfectly.


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Card number:
Available balance:
Store HoursMon-Sat 10-9 Sun 12-6
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Item # 81475-04054
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The Satin Vixen Bra Set from Leg Avenue will have you looking like a retro sex kitten! The three piece set includes a stretch satin cage strap bra with o-ring accents, adjustable straps, and a hook & eye closure in back, a girdle-style garter skirt with detachable snap clamp bow garters, and a matching g-string panty. Whip, hosiery, and shoes not included.
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The HiB Petra Back-Lit Bathroom Mirror 800mm High x 600mm Wide comes from the range of HiB Back-Lit Bathroom Mirrors.With the ability to mount the mirror portrait or landscape, the back-lit mirror includes a heated mirror demister pad; perfect for the modern bathroom.HiB Petra Bathroom Mirror Features and Benefits:IP44 RatedThe Ingress Protection (IP) standard is a system used for classifying the degrees of protection provided by enclosures of electrical equipment.This product is protected against solid objects over 1mm (such as small wires), and protected against splashing. Liquid splashed from any direction will have no harmful effect.Powered by T5 Light BulbsThis product includes 4 x T5 bulbs to power the back-light of your mirror.The replaceable bulbs must not exceed 14 watts once installed.Fitted with Rocker SwitchThis product is fitted with a stylish rocker switch for ease of operation.The simple switch allows for illumination to be turned on or off in one easy motion.Fitted wit
Catalogue Number: 383-4538
- Steam free
- IP44 Rated
- Fitted with IP44 rocker switch
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Product Details
Product specifications
Product Height
80.0 Centimetre
Product Width
60.0 Centimetre
Product Depth
4.0 Centimetre
Product Weight
15.1 Kilogram
Key Information
Bathroom mirror


text:
Круассан С Пиццей
cool Pepperoni Cheese Stick Roll Ups Check more at http://foodrecipesdaily.info/2015/06/13/pepperoni-cheese-stick-roll-ups-2/
If you are having a few guests over and want a quick and easy appetizer, here is the perfect recipe! Ingredients: 2 8 oz tubes of Pillsbury Crescent rolls 1/2 cup tomato sauce (either homemade, or jarred) 1 cup mozzarella cheese, shredded (use more or less to your preference) 1 tbs garlic powder 1 tbs […]Favorite
These are super easy and kid friendly! They can be put together and in the oven in literally five minutes! There are seven ingredients and most of us have the spices right in our pantry! If y...
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decided: March 31, 1986.
APPEAL OF CALVIN C. AND SONIA GEIGER, APPELLEES,v.ZONING HEARING BOARD OF THE TOWNSHIP OF NORTH WHITEHALL, APPELLANT
Appeal from the Order entered October 1, 1984, in the Commonwealth Court of Pennsylvania at No. 3239 C.D. 1982, affirming the Order entered November 23, 1982, in the Court of Common Pleas, Civil Division Law, of Lehigh County, at No. 82-C-1555;
Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ. Larsen, J., files a concurring opinion. Hutchinson, J., joins in the majority opinion and files a separate concurring opinion. Papadakos, J., concurs in the result.
[ 510 Pa. Page 233]
This is an appeal from the order of the Commonwealth Court affirming the decision of the Court of Common Pleas of Lehigh County that the Zoning Ordinance of North Whitehall Township unconstitutionally excludes the use of mobile homes on individual lots.
Appellees, Calvin C. and Sonia Geiger, desired to relocate their daughter's transportable home onto their forty acre plot in North Whitehall Township. By operation of the Township's Zoning Ordinance (hereinafter "Ordinance") a home such as the one in question was designated as a "mobile home," and could not be located anywhere in the Township unless authorized as a "special exception" by the Zoning Hearing Board.*fn1
Appellees applied for a special exception under the Ordinance. They also indicated that they might challenge the validity of the Ordinance. After a hearing on the special exception issue, the Zoning Hearing Board ruled that appellees had not established their entitlement to a special exception. Appellees filed a notice of appeal with the Court of Common Pleas of Lehigh County, claiming that the Zoning Hearing Board erred in denying the special exception. They also challenged the validity of the Ordinance. By agreement of the parties and before the court of common pleas heard argument on the matter, the Zoning Hearing Board held a hearing on appellees constitutional challenge to the Ordinance. At this latter hearing, it was stipulated that all of the technical requirements of the Ordinance with respect to setback, lot size, rear yard, etc. imposed in Agricultural/Rural Residential districts for a single family detached dwelling would be met by the appellees' plans to
[ 510 Pa. Page 234]
situate the home on their lot. Mr. Geiger testified as to the details of his plan to permanently locate the home on the lot. The Zoning Hearing Board nonetheless denied appellees' challenge and found the Ordinance constitutional.
On appeal, the Court of Common Pleas of Lehigh County agreed that appellees had not established their entitlement to a special exception. However, the court did find merit in the constitutional challenge, and held that the Township cannot forbid mobile homes on individual lots, a legitimate use, without demonstrating that they are harmful to the health, safety and welfare of the community. Since the Township had made no attempt to so justify its general prohibition of such use, the Ordinance was held unconstitutional and the decision of the North Whitehall Township Zoning Hearing Board was reversed.
The Township's appeal to the Commonwealth Court produced the same result. The court recognized appellees' proposed use as a separate and distinct use from mobile home parks, and held that the Ordinance's token special exception for mobile homes on individual lots was equivalent to a total prohibition of such use. Since the Township failed to prove that the regulation of this legitimate land use bore a relationship to the public health, safety, and welfare, the court held the Ordinance to be unconstitutionally exclusionary.
Upon petition we granted allocatur to review the Commonwealth Court's order.
Our review of the record leads us to agree with the lower courts, that the Zoning Hearing Board erred in denying appellees' proposed land use. However, this conclusion derives from a different analysis than that employed by the lower courts. Those courts perceived the issue as whether a mobile home on an individual lot constituted a separate use which was improperly excluded from Agricultural/Rural Residential districts by the Ordinance. We, on the other hand, view the issue as whether the Township unconstitutionally discriminates against certain types of dwelling units
[ 510 Pa. Page 235]
based on arbitrary and capricious distinctions in the Ordinance.
The North Whitehall Township Zoning Ordinance contains separate definitions for single family detached dwellings and "mobile homes," although both are subcategories of the generic category "dwelling." A single family detached dwelling is defined in pertinent part:
A building, except a mobile home, commonly known as a single family house, designed for and occupied exclusively as a residence having (i) only one dwelling unit from ground to roof, (ii) independent outside access and (iii) open space on all sides.
Ordinance, Appendix A-31-2. A mobile home is defined as follows:
A single family detached dwelling unit manufactured in one complete section, designed for long-term occupancy containing sleeping accommodations, a flush toilet, a bath or shower, kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems; and designed to be transported, after fabrication, on its own wheels, or on flatbed or other trailers; arriving at the site where it is to be occupied as a complete dwelling, which may include major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations. For purposes of this Ordinance, modular and sectional dwelling units and travel trailers are not considered as mobile homes.
Ordinance, Appendix A-31-3. The Ordinance also includes the following definition of "sectional" or "modular" house:
A single family detached dwelling unit manufactured in two or more sections designed for permanent occupancy, and transported to a building site in sections which are fastened together and mounted on a permanent foundation ready for occupancy except for minor and incidental unpacking and assembly operation. For purposes of this Ordinance, modular or sectional dwelling units include prefabricated and other similar types, but mobile homes and travel trailers are not considered as modular or
[ 510 Pa. Page 236]
sectional dwelling units. For purposes of this Ordinance, modular or sectional dwelling units may be single family detached, single family attached or multi-family dwellings.
Ordinance, Appendix A-66.
Section 204.2.4 of the Ordinance permits single family detached dwellings, including sectional homes, as a matter of right in Agricultural/Rural Residential ("AR") districts. Because the Ordinance limits permissible uses to those specifically provided by the terms of the Ordinance,*fn2 mobile homes are effectively excluded from "AR" districts.*fn3
We find that the distinctions drawn between single family detached dwellings, mobile homes, and sectional homes, by their respective definitions do not justify the exclusion of appellees' proposed dwelling from "AR" districts.
Mobile homes and sectional homes are both defined as "single family detached dwelling" units. The only difference between mobile homes and single family detached dwellings is that mobile homes are "manufactured in one complete section" and are "designed to be transported, after fabrication, on its own wheels, or on flatbed or other trailers" to its site. In this vein it is significant that sectional homes, which are permitted in "AR" districts, are manufactured in two or more sections which are fastened together on site and mounted on a permanent foundation.
[ 510 Pa. Page 237]
The Zoning Hearing Board has not advanced, nor do we perceive, any justification for excluding homes manufactured in one complete section, while permitting homes manufactured in two or more sections or constructed on-site. The only other notable distinction contained in the Ordinance, i.e., mounting on a permanent foundation, while possibly a legitimate basis for excluding a structure without such, is not present under the facts of this case.
The only thing "mobile" about the home appellees propose to affix to their land is that it will be wheeled to the site for permanent installation. At the second hearing before the Zoning Hearing Board, Mr. Geiger testified that he planned to permanently affix the mobile home to the ground by placing eight concrete pillars below the frost level with cement blocks on top upon which the home would rest. Pillars would be placed at the end of the structure to anchor it to the ground. He planned to put skirting around the home and plant shrubbery around the front. (Transcript 7/13/82, at 16-17.) He planned to remove the wheels and the hitch from the home once located at the proposed site. In addition, the home would have its own connections for water, sewer, electricity and telephone. (Transcript 7/13/82 at 18-19.) Obviously this was not a home that could leave by turning on the ignition.
This Court has held that it is arbitrary to apply the classification of "mobile home" or "trailer" to a structure which, once improved, will not in fact be a mobile home or trailer either as defined by the local zoning Ordinance or by common sense. Anstine v. Zoning Board of Adjustment, 411 Pa. 33, 190 A.2d 712 (1963).
In Anstine, the local ordinance prohibited the location of trailers or mobile homes within an "R-Residential" district except in an authorized trailer camp. The appellants applied for a variance to continue to use and occupy a mobile home as a residence in an "R-Residential" district and to improve it. They requested permission to remove the wheels and permanently affix the structure on a concrete block foundation rendering the home immobile. They
[ 510 Pa. Page 238]
planned a cement patio with a two foot high wall and an awning. The home was equipped with city water facilities, electricity, telephone, a septic tank and fuel oil heating unit. The zoning board of adjustment denied the variance because appellants had failed to show that the ordinance would work an unnecessary hardship upon them. The court of common pleas sustained the refusal of the variance and the validity of the ordinance. After reviewing the evidence, this Court concluded:
Setting aside for the moment all niceties of definition, appellants' request envisions the maintenance of a permanent and immobile house within this residential area . . .
The Township was presumptively acting within its delegated power when it classified mobile-homes differently than conventional homes. The record before us, however, does not show, directly or indirectly, any substantial reasons for this differentiation in classification and the evidence shows clearly a condition free from health or safety hazards. The facilities in this home and its physical structure are clearly adequate and any dangers inherent in this dwelling would most likely be found in a conventional home of the same dimensions. If this is so, the zoning ordinance should apply to all dwellings of the same or similar size, irrespective of any differences in basic construction . . . . The instant record, patently, does not show that the maintenance of this mobile home permanently affixed to the realty will be inimical in any manner to the health, safety, or morals of its occupants or to the possessor of adjoining property in an "R-Residential" District. This Court may not speculate as to the Township's reasons underlying this special classification, but, in the absence of any evidence thereof, we are bound to hold that his classification as it pertains to appellants' requested improvement is arbitrary and discriminatory and unrelated to the police powers of the Township legislative body.
Id. 411 Pa. at 40-41, 190 A.2d at 716.
The appellees in the instant case have similarly requested permission to permanently affix a mobile home to their
[ 510 Pa. Page 239]
realty and make improvements rendering the structure immobile. We recognize this proposed structure as a legitimate land use.*fn4
It is well established that the burden of any challenge to the constitutionality of a zoning ordinance must in the first instance rest upon the challenger. Layne v. Zoning Board of Adjustment, 501 Pa. 224, 460 A.2d 1088 (1983). However, we have previously recognized that that burden can be met by showing that the distinctions contained in the ordinance are arbitrary and/or unreasonably discriminatory. See Gratton v. Conte, 364 Pa. 578, 73 A.2d 381 (1950).
In this case the Township has failed to show any logical basis for the distinctions drawn by the Ordinance. The record lacks evidence of any reason or justification for classifying an immobile, single section dwelling structure, permanently affixed to the realty, differently than a conventional on-site built home or a multi-section dwelling structure. Additionally, the record fails to show that the maintenance of this home will in any manner adversely affect the health, safety, morals or general welfare of the community. Rather the record establishes, by way of stipulation, that the proposed home meets all of the technical requirements of the Ordinance with respect to setback, lot size, rear yard, etc., imposed in "AR" districts for a single family detached dwelling. Furthermore, we refuse to presume that the style or design of this type of home, per se, detracts from the aesthetic characteristics of the community. Anstine, supra.
Since we can find no legitimate basis justifying the Township's exclusion of dwelling units from an "AR" district, merely because the units were wheeled onto the premises
[ 510 Pa. Page 240]
prior to being permanently affixed, we are bound to hold that the classification and exclusion as they pertain to appellees' requested land use are arbitrary, capricious, beyond the Township's legitimate exercise of its police power, and therefore unconstitutional.
Accordingly, we affirm the order of the Commonwealth Court.
LARSEN, Justice, concurring.
I agree with the majority that North Whitehall Township's zoning ordinances which prohibit the placement of mobile homes on individual lots within the Township are unconstitutional.
However, I see no reason for the majority to alter the posture of this litigation and derive the conclusion of unconstitutionality "from a different analysis than that employed by the lower courts." Maj. op. at 234. While the majority might be correct that the Township's zoning distinction between the placement of mobile homes on individual lots, a prohibited use, and the placement of sectional or modular homes on individual lots, a permitted use, is an arbitrary and capricious distinction, I am uncomfortable with this "different analysis" because nowhere has it been espoused by the parties to this proceeding or by the lower courts.*fn1
[ 510 Pa. Page 241]
Throughout these proceedings, from the Zoning Hearing Board proceedings to briefs and oral argument before this Court, the Geigers, appellees, have challenged the constitutionality of the zoning ordinances on the grounds that the prohibition of mobile homes on individual lots was a total exclusion of a legitimate use and that this exclusion coupled with allowance of mobile homes in mobile home parks created an arbitrary and capricious classification, which classification did not bear a substantial relationship to the health, safety or welfare of the community. Throughout these proceedings, the appellant Township has responded to this challenge. In its brief before this Court, the Township summarizes its position, stating:
The Geigers have not met their heavy burden of proving that the Township Zoning Ordinance is unconstitutional insofar as it restricts mobile homes to mobile home parks. This regulation is neither exclusionary, arbitrary, unreasonable, nor confiscatory, but rather reflects proper considerations of the public health, safety, and general welfare. The Township recognizes and provides for the usage of "mobile homes" in its Zoning Ordinance; its general limitation of mobile homes to groupings of them in mobile home parks is a legitimate and reasonable regulation of that use.
Based upon this presentation and posture of the litigation, the lower courts have resolved the issue in favor of appellees. The Court of Common Pleas of Lehigh County, per the Honorable David E. Mellenberg, held that:
The law is clear in this Commonwealth that a municipality cannot constitutionally ban a legitimate use of property without proof that such use is harmful to the public health, safety and welfare. (citations omitted) . . . [M]obile homes on individual lots are a separate and distinct use from mobile homes in mobile home parks. North Whitehall Township cannot forbid mobile homes on individual lots, a clearly legitimate use, without demonstrating that they are harmful to the health, safety and
[ 510 Pa. Page 242]
welfare of the community. There has been no attempt by the Township to do this . . . .
On appeal to Commonwealth Court, the Township argued that the court of common pleas erred in finding that mobile homes on individual lots were a separate and distinct use from mobile homes in parks, a finding which had the effect of shifting the burden to the Township to demonstrate the justifications for such a distinction. In affirming the lower court, President Judge James Crumlish, Jr., writing for the majority, stated:
This is a case of first impression before this Court. The central issue is whether the zoning ordinance, by restricting the use of mobile homes to mobile home parks, unconstitutionally excludes the placement of mobile homes on individual lots.
A constitutional challenge to a zoning ordinance must overcome a presumption of validity by proving that the ordinance entirely excludes a legitimate use; the burden then shifts to the municipality to show that the exclusion reasonably relates to public health, safety and welfare. Beaver Gasoline Co. v. Osborne Borough, 445 Pa. 571, 285 A.2d 501 (1971).
The Township contends this ordinance is not exclusionary and that "mobile home" as a use is a term of art with a generic meaning. This Court has recognized mobile homes (on individual lots) and mobile home parks as separate and distinct land development uses. (citation omitted) . . .
[ 510 Pa. Page 243]
exception is equivalent to a total prohibition of mobile homes on individual lots, a legitimate land use. "When it is demonstrated that an ordinance entirely excludes a facially legitimate use, the presumption of validity is rebutted; and the municipality must then present evidence to establish that its regulation bears a relationship to the public health, safety and welfare." (citations omitted)
I agree with the lower courts that the Township's ban on placement of mobile homes on individual lots is equivalent to a total exclusion shifting the burden to the Township to demonstrate the requisite nexus (substantial relationship) between the classification created by its ordinances and the public health, safety and welfare. Moreover, even if we accepted the Township's argument that there was not a total exclusion sufficient to rebut the presumption of constitutionality and shift the burden to the Township, appellees would still prevail because they presented sufficient, competent evidence to demonstrate that the classification was arbitrary and capricious in that it did not bear a substantial relationship to the public health, safety and welfare. In either event, the burden became the Township's to demonstrate legitimate justifications for the classifications created by the ordinance and challenged by appellees, and the Township utterly failed to carry that burden.
We granted allocatur in this case primarily to address the "central issue" whether a zoning ordinance which allows mobile homes in mobile home parks but not on individual lots amounts to a total exclusion of a legitimate use. This issue has caused some confusion in the lower courts.*fn2 In employing a "different analysis" from that of the litigants
[ 510 Pa. Page 244]
and the lower courts, the majority has ducked the issue for no apparent reason, and has done little to remedy the confusion. Accordingly, I would affirm the lower courts on the basis of the Commonwealth Court's opinion in this case.
HUTCHINSON, Justice, concurring.
I join the majority opinion. That opinion implicitly recognizes the important distinction in exclusionary zoning cases, between equal protection which is applicable when people are being excluded and substantive due process which is applicable when, as in the instant case, the rights of landowners are being affected.
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Online CE Opportunities
As veterinary medicine and the livestock industries continue to evolve and maintain a progressive stance, we often face challenges in
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Score +49
Deal DetailsLast Edited by lnfdeals January 29, 2015 at 07:46 AM
They had three of these on the floor (two remaining) marked down to $179.
All were NIB
I have not looked for this at other locations.
Good luck...
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I have this table, bought for $269 18 months ago. totally worth the $$
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|Separate WC's
|Property type
|Minimum Stay
|3 - 7 nights
Your booking will be backed by our Book with Confidence Guarantee when you complete your reservation online and finalise payment on HomeAway.Learn more
AMELIA HOME - 2 bedroom 2.5 bath home with sparkling private pool only four blocks from the Atlantic Ocean and one block from Duval Street entertainment.
Kitchen complete with everything to create a gourmet meal. Large open dining and living area. Lush garden with private pool that gives one a truly "indoor/outdoor" lifestyle. Half bath located on the first floor along with sleeper sofa for guests.
Upstairs bedroom suites have king bed with private bath; guest bedroom has two twins that can convert to a king (new as of 9/2015)
Sleeps 6; K/2Ts/Qslpr (twins can convert to a king)
Private Pool, Off Street Parking
SMALL PET FRIENDLY -- addl fees apply
I have been meaning to write this for a long time. My son and I stayed in this house June 2015, other family member were to join but it did not work out. It is such a charming well kept home with so many grand details. The pool was fantastic and even had a cute tiki hut to shower in, and a bar. The kitchen was well supplied. Bedrooms were very comfortable and quaint. I would stay here anytime I went to Key West. I have recommended many of times. It truely was a home away from home. I miss it!!!
This property is very beautiful. The backyard is great and feels very tropical. One problem though if you are looking to sit out back and relax by the pool in the am there is a very noisy industrial company within feet of the pool. Very loud and the workers are there making noise as early as 5 am.
The house on the inside is great. Fully stocked full of anything you would have at home. We did have a problem with ants in the kitchen but passed that on to the company. One thing I would recommend that the company look into is different furniture. Honestly there isn't a comfortable place to sit in the whole two story house. Very strange.
The house besides the loud machinery business within feet from the house the location to Duval is convenient if you want to walk the strip.
The private backyard and pool was a huge renting factor for us but if we would have known of the loud outdoor company right next to us we would have never booked here. Okay place to stay for a day or two but we stayed here for 5 and wouldn't recommend it. We travel to key west a lot and would look into a different property next time.
My husband and I and another couple stayed a week in this house. It was very clean and beautiful. We really enjoyed the pool in the backyard. We would definitely rent this unit again. The only bad side was it appeared to be a machine shop or something next door that got a little loud in the mornings. Other than that, it was perfect.
*Plus compulsory or optional charges based on actual occupancy or consumption. The payment has to be made in the currency offered by the property manager, before use of conversion tool. Payments in other currencies have to be negotiated beforehand with the property manager. The currency conversion tool is provided for your convenience only and is non-binding.


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Male Elf Names
Lucien... Not sure how he gets the scar but gonna use it somehow
This is Daniel. He's Lily's older brother and very protective of her. He's the only reason she escaped unscathed. He followed her shortly after. He's quiet, strong, brave, and caring. He loves everything that flies especially his dragon, Peony. Come say hello
Male Elves | But at some point, the contests turned sour, both races would do ...
.i don't know who this is but she reminds me of princess mononoke
Possessed Elf Aesthetic
An elf decker doing his thing.
Escape by gkb3rk on deviantART #rogue #bard
Dobby by thedrawinghands
Lightning flight. Male griffin with no mate. He is a strong, tough warrior. He is as quick as lightning, and can out fly any other griffin. Also, he is good in battle. He is very cunning and handsome. He likes Snowy river.
Talk about powerful men!


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Vango Samson Oversized Camping Chair
Vango's Samson chair has been designed for a more generous accommodation of size, news which will be welcomed by larger campers looking for sturdy camping furniture.
Constructed from a 19mm strong steel frame and boasting a wider than regular seating area, the resulting lower centre of gravity adds strength and durability, allowing it to hold up to 180kg.
The Samson is the ultimate in reliable camping chairs.
Whether at the campsite or in the garden, there's extra space and comfort while relaxing outdoors.
- Steel Soft Arm - Strong and reliable frame
- 600D Polyester - Very strong and durable
- Padded seat and Backrest - gives an added layer of comfort and luxury
- Oversized design - This is a larger than average chair, and has a higher weight loading of up to 180kgs/400lbs
- Insulated cup Holder - Keeps hot drinks hot and cold drinks cold for longer
- Foldable to compact size - making it easier to transport and to store at home
- Handled carry bag is slightly oversized to make pack away easier
|600 denier polyester
|Max Load
|180 kg
|Pack Size
|L 98 x W 19 x D 19 cm
|4.14 kg
|Delivery Area
|Order over £75.00 - UK Mainland: 2 - 3 working days, Monday - Friday
|Order under £75 - UK Mainland: 2 - 3 working days, Monday - Friday
|*UK Mainland: next working day, Monday - Friday *ORDERS MUST BE PLACED BEFORE 1PM THE PREVIOUS DAY
|*UK Mainland: next working day before midday *ORDERS MUST BE PLACED BEFORE 1PM THE PREVIOUS DAY
|*UK Mainland: Saturday delivery *ORDERS MUST BE PLACED BEFORE 1PM ON FRIDAY
|Scottish Highlands & Islands
|Northern Ireland
|Isles of Scilly
|Isle of Wight
|Isle of Man & Channel Islands
Please check also Delivery In Europe
There's just 4 EASY steps to return your item back to us:
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|Post it Back.
To: World of Camping Returns, 1 Treleigh Park, Jon Davey Drive, Treleigh Industrial Estate, Redruth, Cornwall, United Kingdom, TR16 4AX


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1830 N Red Cliff --, Mesa, AZ 85207
2 beds, 2 baths, 1,364 sqft
Status: Contingent
Available with Limitations, contact Long Realty for details (Contingent/CAPA)
Property Description
NE Mesa most sought after gated community. Carefree living! Stunning single level villa, highly upgraded w/ private back yard backing to large wash. Nice courtyard entry. - Perfect condition. Walk into open floor plan.Gorgeous Kitchen w/ contemporary cabinets, granite counter tops, stainless steel appliances & large island w/ sink.Tile flooring. Informal dining space open to great room w/ the highly desired WALL OF WINDOWS! Wonderful outdoor living w/ gas fire pit, paved patio, beautiful landscaping & stunning night sky views. All windows have professional roller blinds. Large master suite w/ full bathroom.Second bedroom w/ second full bath. Laundry room w/ cabinets. 2 car garage. HOA cares for exterior, roof, clubhouse, pools & fitness center.
Listing Information for 1830 N Red Cliff -- Mesa, AZ 85207
Mountain Bridge
City Electric,SRP,City Gas
School Information for 1830 N Red Cliff -- Mesa, AZ 85207
Room Information for 1830 N Red Cliff -- Mesa, AZ 85207
Other Bedroom Split
Master Bedroom Walkin Closet
Breakfast Bar, Formal
Built In Recycling, Kitchen Island, Granite Counter-tops
3/4 Bath Master Bdrm,Private Toilet Room,Double Sinks
Dual Sinks
Interior Features for 1830 N Red Cliff -- Mesa, AZ 85207
Refrigerator, Gas Range/Cooktop, Disposal, Dishwasher, Microwave, Dryer, Washer
Tile, Carpet
Electric Heating
Double Pane
9 Ft + Flat Ceilings, Soft Water Loop, Other (See Remarks), No Interior Steps
Exterior / Lot Features for 1830 N Red Cliff -- Mesa, AZ 85207
2 Garage Spaces, 2 Parking Spaces, Electric Door Opener
Covered, Patio
All Tile
Community Pool
Mountain Bridge
Block, Wrought Iron
Covered Patio(s), Private Street(s), Patio, Border Preserve/Public Land, City Light View(s)
Community Features for 1830 N Red Cliff -- Mesa, AZ 85207
Community Spa, Heated Community Spa, Community Pool, Heated Community Pool, Community Tennis, Park Play Area, Clubhouse, Gated Community
Mountain Bridge
Driving Directions to 1830 N Red Cliff -- Mesa, AZ 85207
West from intersection, left(south) into Mountain Bridge, go past first roundabout then first left (south east) onto E Desert Foothills Drive, Enter gate on North East side of roundabout, left to home
Financial Considerations for 1830 N Red Cliff -- Mesa, AZ 85207
Listing Price History for MLS#: 5454570
Mesa AZ Real Estate and Mesa AZ Homes for Sale
Mesa is located in the state of Arizona. The zip code of 85207 has a population of 443,875. The median age of people living in Mesa, AZ 85207, is 35.3 years.
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004 - Mesa Unified District school district


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In many senses, Parkersburg's purchase of three ambulances in order to have one ready to provide emergency medical attention when those from other services are unavailable is simply a logical progression from an arrangement already in place. It is an upgrade of the equipment used by the fire department, which already responds to medical calls when an ambulance from either Camden Clark Medical Center or St. Joseph's Ambulance Services is unavailable.
It is a good idea, and though it may not fill all the gaps, it will provide another measure of security to area residents.
"Certainly, we would welcome any help when we have a shortage of ambulances," said Larry Stephens, director of ambulance services for Camden Clark. "Doesn't happen very often, but once is too much, especially when it's your loved one."
However, the number of details to be sorted out in such an arrangement is a bit daunting. Parkersburg Fire Chief Eric Taylor says it will cost $6,000 to $8,000 to outfit the ambulance. What of ongoing annual expenses? How will this expanded service and equipment affect next year's budget? Will the fire department encourage more firefighters to be certified as paramedics versus emergency medical technicians? How will this affect the department's insurance costs?
Again, this improvement to the emergency medical assistance available to area residents is an important step. But it requires a level of coordination among the mayor, City Council, the fire department, the other ambulance services and the 911 center that does not leave room for unanswered questions and petty arguments.
Everyone involved must have a clear understanding of the details of bringing this project to fruition, and how it will proceed as an ongoing arrangement – financially and logistically. If the goal is to help area residents, no detail must be left unexamined in making sure this new ambulance will do so.


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January 4, 2012
RE: TRUSTEES OF THE LOCAL 7 TILE INDUSTRY WELFARE FUND, ET AL.v.GIACOMELLI TILE, INC., ET AL.
Dear Counsel:
This matter comes before the Court on Plaintiffs' motion for default judgment. There was no oral argument. Fed. R. Civ. P. 78. For the reasons set forth below, Plaintiffs' motion is GRANTED.
The following facts are established by the Complaint, the motion for default judgment, and the exhibits attached thereto. Plaintiffs are the trustees of the Local 7 Tile Industry Welfare Fund, the Local 7 Tile Industry Annuity Fund, and the Tile Layers Local Union 52 Pension Fund (collectively, the "Local Funds") and the trustees of the Bricklayers & Trowel Trades International Pension Fund and the International Masonry Institute (collectively, the "International Funds") (the Local Funds and International Funds shall be referred to collectively as the "Funds"). Defendants are a tile installation contractor, Giacomelli Tile, Inc. ("GTI"); its owner Warren Giacomelli; and two tile installation companies, Colvere Tile, Inc. ("Colvere") and J&J Tile, Inc. ("J&J").
At all relevant times, GTI was a party to a collective bargaining agreement (the "CBA") with the Tile Setters and Tile Finishers Union of New York and New Jersey, Local Union No. 7 of the International Union of Bricklayers and Allied Craftworkers (the "Union"). Declaration of Christopher Guy ("Guy Decl.") ¶ 2, ECF No. 9-1. The CBA required GTI to make certain monetary contributions to the Funds for all work performed in the trade and geographical jurisdiction of the Union ("Covered Work"). Guy Decl. ¶ 3. Since 2005, there have been two audits of GTI's books and records. The first audit covered the period of January 1, 2005 through June 30, 2006,*fn1 and the second audit covered the period of July 1, 2006 through December 31, 2009 (collectively, the "Audits"). Declaration of Fred Moss ("Moss Decl.") ¶¶ 3-4, ECF No. 9-2. The Audits revealed that GTI had failed to make $144,907.93 in required contributions to the Funds. Moss Decl. ¶¶ 6-7.
Plaintiffs commenced this action on March 31, 2011. Compl., ECF No. 1. On April 8, 2011, Plaintiffs' agent served three Summonses and three copies of the Complaint to Michelle Nallen, the managing agent of GTI, Colvere, and J&J. See ECF Nos. 3, 5-6. On April 8, 2011, Plaintiffs' agent also served a Summons and Complaint to Warren Giacomelli, by serving Raya Sorane, a household member of suitable age and discretion residing in the usual place of abode of Mr. Giacomelli. See ECF No. 4. Defendants were required to file an Answer or otherwise move with respect to the Complaint no later than April 29, 2011. Fed. R. Civ. P. 12(a)(1)(A)(i). To date, all four Defendants have failed to answer or otherwise respond to the Complaint. Accordingly, the Clerk entered a Default against Defendants on May 6, 2011. Clerk's Entry of Default, ECF No. 8. Plaintiffs filed the instant motion for default judgment on October 17, 2011. This motion was served on October 17, 2011. Cert. of Service, ECF No. 10. To date, no opposition has been filed.
A.Standard of Review
Federal Rule of Civil Procedure 55 governs default. After the Clerk's entry of default pursuant to Rule 55(a), a plaintiff may then seek the Court's entry of default pursuant to Rule 55(b)(2). See Doug Brady, Inc. v. N.J. Bldg. Laborers Statewide Funds, 250 F.R.D. 171, 177 (D.N.J. 2008). "Before imposing the extreme sanction of default, district courts must make explicit factual findings as to: (1) whether the party subject to default has a meritorious defense, (2) the prejudice suffered by the party seeking default, and (3) the culpability of the party subject to default." Id. (citing Emcasco Ins. Co. v. Sambrick, 834 F.2d 71, 74 (3d Cir. 1987)). To make these determinations, the Court should accept as true the well-pleaded factual allegations of the complaint, although the Court need not accept the moving party's legal conclusions or allegations relating to the amount of damages. Comdyne I, Inc. v. Corbin, 908 F.2d 1142, 1149 (3d Cir.1990); Chanel, Inc. v. Gordashevsky, 558 F. Supp. 2d 532, 535-36 (D.N.J. 2008).
B.Default Judgment is Appropriate
After review of the record, the Court determines that Plaintiffs have satisfied the requirements for default judgment. The record shows that Defendants have been properly served pursuant to Federal Rules of Civil Procedure 4(h)(1)(B) and 4(e)(2)(B). See ECF Nos. 3-6. Defendants have failed to respond to the Complaint and the deadline for answering the Complaint or filing a responsive motion has passed. See Clerk's Entry of Default, ECF No. 8. When a defendant has "failed to answer, move, or otherwise respond to the complaint, the entry of a default judgment against him is appropriate." See Palmer v. Slaughter, No. 99-899, 2000 U.S. Dist. LEXIS 22118, 2000 WL 1010261, at *2 (D. Del. July 13, 2000).
An analysis of the Doug Brady factors compels an entry of default judgment. First, review of the record reveals that Plaintiffs have a legitimate cause of action and none of the four Defendants has a meritorious defense. GTI was contractually and legally obligated to contribute to the Funds during the time periods covered by the Audits. See Exhibit A, GTI CBA, Article IX Section III, ECF No. 9-5; 29 U.S.C. § 1145 ("Every employer who is obligated to make contributions to a multiemployer plan under the terms of the plan or under the terms of a collectively bargained agreement shall, to the extent not inconsistent with law, make such contributions in accordance with the terms and conditions of such plan or such agreement."). The findings of the Audits determined that GTI failed to make contributions in the principal amount of $144,907.93, Moss Decl. ¶¶ 6-7, meaning that GTI failed to make the required contributions in accordance with its contractual obligations. Thus, GTI is liable to the Funds under the CBA and ERISA.
Colvere and J&J are liable for GTI's contributions because they are the alter-egos of GTI. "In order to decide if two facially independent employers are alter egos, [a court] considers whether the two entities have substantially identical ownership, management, supervision, business purposes, operation, equipment and premises, and customers." Trafford Distrib. Ctr. v. NLRB, 478 F.3d 172, 176 (3d Cir. 2007) (quoting Crawford Door Sales Co., 226 N.L.R.B. 1144 (1976)). GTI, Colvere, and J&J are all tile installation businesses. Guy Decl. ¶ 9. Four out of five of GTI's employees work for Colvere. See Exhibit F, ECF No. 9-10; Exhibit H, ECF No. 9-12. Warren Giacomelli explicitly told the trustees of the Funds that he and his family had formed a new company, Colvere, to perform tile installation work after GTI ceased operations in January 2009. Guy Decl. ¶ 8. Michelle Nallen, Mr. Giacomelli's sister, is the President and sole officer of Colvere and J&J, has held herself out as a representative of GTI and Colvere, and executed a separate collective bargaining agreement with the Union as President of Colvere. Guy Decl. ¶ 9; Exhibits C-E, L-M, ECF Nos. 9-7, 9-8, 9-9, 9-16, 9-17. Robert A. Schandler is the sole Agent for both Colvere and J&J. Exhibits L-M, ECF Nos. 9-16, 9-17. Based on these facts, the Court finds that Colvere and J&J are alter egos of GTI, as GTI, Colvere, and J&J have substantially identical business purposes, ownership, management, supervision, and operations. As alter egos of GTI, Colvere and J&J are liable for GTI's delinquent benefits contributions. Stardyne, Inc. v. NLRB, 41 F.3d 141, 145 (3d Cir. 1994) ("[I]f two entities are found to be alter egos, a collective bargaining agreement covering one entity is automatically deemed to cover the other.").
Warren Giacomelli is personally liable for any contributions that GTI failed to make in connection with work performed after April 16, 2006. New Jersey law governs whether it is appropriate to pierce the corporate veil with respect to GTI, as New Jersey is GTI's state of incorporation and New Jersey is the state with the greatest interest in resolving this dispute. See Las Vegas Sands Corp. v. ACE Gaming, LLC, 713 F. Supp. 2d 427, 443 (D.N.J. 2010) (internal quotations omitted) ("A court applying New Jersey law could either look to the target entity's state of incorporation, or conduct [a] governmental interest analysis" to determine whether to piece the corporate veil). The State of New Jersey revoked GTI's corporate charter on April 16, 2006, but Warren Giacomelli continued the company's business operations until January 2009. See Exhibit K, ECF No. 9-15; Guy Decl. ¶ 8. Because Mr. Giacomelli continued to operate the business after the company's charter expired, he is personally liable under New Jersey law for all of the company's conduct after April 16, 2006. See Leventhal v. Atlantic Rainbow Painting Co., 68 N.J. Super. 406, 413 (N.J. Super. Ct. App. Div. 1961) ("[P]ersons who carry on the business of a corporation or of a limited partnership association after the charter has expired, or after dissolution, become personally liable as general partners."); see also Matawan Bank v. Matawan Tile Co., 2 N.J. 116, 126-29 (1949).
Second, it is clear that Plaintiffs have been prejudiced by Defendants' failure to respond to the Complaint. It has been over eight months since Defendants were served, and Defendants have failed to contact the Court or defend their case. As a result of Defendants' failure to respond, Plaintiffs have been unable to move forward in the litigation; they have incurred additional costs, including the costs of filing and briefing this motion; and they have been delayed in receiving relief. Third, Defendants are presumed to be culpable for their failure to answer where, as here, there is nothing before the Court to show that Defendants' failure to file an answer was not willfully negligent. See Prudential Ins. Co. of America v. Taylor, No. 08-2108, 2009 U.S. Dist. LEXIS 16531, 2009 WL 536403, at *1 (D.N.J. Feb. 27, 2009). Accordingly, Plaintiffs are entitled to a default judgment and their motion is granted.
Section 502(g)(2) of ERISA provides that, upon a finding that an employer has violated section 515 of ERISA, a plan is entitled to (1) unpaid contributions, plus interest thereon, (2) liquidated damages at rates prescribed by the documents governing the plan, (3) reasonable attorney's fees and costs, and (4) such other legal or equitable relief as the court deems appropriate. 29 U.S.C. § 1132(g)(2)(D) (2011).
The amount of damages for which GTI, Colvere, and J&J are liable is sum certain. In support of their claim for damages against GTI, Colvere, and J&J, the Funds submitted an affidavit from Fred Moss, a principal of Marshall & Moss Payroll Compliance Services, LLC, the Funds' auditor, as well as an affidavit from Charles R. Virginia ("Virginia Decl."), Plaintiffs' attorney. The affidavits establish that GTI failed to make contributions in the principal amount of $144,907.93. Moss Decl. ¶¶ 6-7. The Funds are also owed $27,188.64 in liquidated damages (Moss Decl. ¶ 7; Virginia Decl. ¶ 3), and $71,243.12 in interest. Moss Decl. ¶ 7; Virginia Decl. ¶¶ 3, 4. Pursuant to Article IX, Section 3(M) of the CBA, the Funds are owed $21,673.75 for audit costs. See Moss Decl. ¶ 10. In addition, the Funds are owed attorneys' fees totaling $6,758.00 and litigation costs totaling $596.18. Virginia Decl. ¶¶ 5, 12. The Court finds the request for fees and costs to be reasonable. Finally, it appears that GTI made a $10,000 payment to the Funds in March 2011. Based on these figures, it appears that the total amount still owed to the Funds equals $262,367.62.
The amount of damages for which Warren Giacomelli is liable is not sum certain. Mr. Giacomelli is liable for delinquent contributions only with regard to work performed after April 16, 2006. Plaintiffs have not submitted any materials specifying the amount of damages owed after that date. Accordingly, Plaintiffs will be given 30 days to submit a filing setting forth the amount of monetary damages owed by Mr. Giacomelli. See Comdyne, 908 F.2d at 1149 (entry of default judgment where damages are not sum certain requires an application to the Court to prove damages).
For the foregoing reasons, Plaintiffs' motion for default judgment is GRANTED. Judgment shall be entered against GTI, Colvere, and J&J, jointly and severally, for $262,367.62. Plaintiffs shall have 30 days from the entry of this Court's Order to submit a filing setting forth the amount of damages for which Warren Giacomelli is personally liable. An Order accompanies this Opinion.
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LRC, Inc. About Us


text:
DidyTai Trageschule HamburgItem no. 14580
Material: 100% Organic Cotton
Surface weight: 200 g/m²
Please note our information regarding possible colour deviations. Read more Please take note that colours may be displayed differently on different screens or monitors which is due to different screen technologies or to individual screen settings. For this reason, the colours displayed on your screen/monitor may deviate slightly from those of our product photos. If you are not sure, please compare on another display or contact us.
Material: 100% Organic Cotton
Surface weight: 200 g/m²
One-size baby carrier of supreme comfort, very supportive and easy to put on. Ideally suited for carrying a newborn as well as an older baby on the front or back.
Made from the Trageschule Hamburg model which was designed in cooperation with the Trageschule Hamburg.
The pattern alternates stripes in scarlet red, purple, cyclamen, dark petrol and light grey and is made of 100% pure organic cotton.
Material: 100% Organic Cotton
Surface weight: 200 g/m²
Washable: Up to 60°C, Gentle Cycle
Colour: Scarlet Red,Purple,Cyclamen, Dark Petrol, Light Grey
Age of child: From Birth


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