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Maybelline Full 'N Soft Mascara Waterproof
1163 reviews
71% would repurchase
Package Quality: 3.8
Price: $$
Package Quality: 3.8
Price: $$
INGREDIENTSPetroleum Distillates, C8 9 Isoparaffin, Disteardimonium Hectorite, Cera Alba (Beeswax), Carnauba (Copernicia Cerifera) Wax, Water (Aqua), Synthetic Beeswax, Allyl Stearate/VA Copolymer, Beeswax (Apis Mellifera), Propylene Carbonate, Polyvinyl Laurate, Silica, Oryza Sativa (Rice) Starch, Panthenol, Hydrolyzed Corn Starch, Methylparaben, Isoceteth 20, Lecithin, Octylacrylamide/Acrylates/Butylaminoethyl/Methacrylate Copolymer, Tocopheryl Acetate (Vitamin E), Disodium Cocoamphodiacetate, 2 Oleamido 1,3 Octadecanediol, Simethicone, Diazolidinyl Urea, Propylparaben, Disodium EDTA, May Contain (+/-):, CI 77492, CI 77499, CI 77491 (Iron Oxides), Carmine (CI 75470) (Carmine), CI 77007 (Ultramarines), CI 77288 (Chromium Oxide Greens) (Chromium Oxide Green), CI 77299 (Chromium Hydroxide Green), Mica, Titanium Dioxide (CI 77891) (Titanium Dioxide), CI 77510 (Ferric Ferrocyanide)
Where to Buy
on 11/6/2016 4:12:00 PM
Age: 25-29
Skin: Normal, Fair, Not Sure
Hair: Red, Straight, Other
Eyes: Blue
Love love love. I have blonde, invisible eyelashes with watery eyes and this is my go to holy grail product for daytime wear. Great coverage, very waterproof, and just the right amount of volume for daytime wear. When I'm going out it's not what I grab, but I wear it literally every day and it will come to the grave with me.
on 11/1/2016 2:50:00 AM
Age: 19-24
Skin: Acne-prone, Fair-Medium, Warm
Hair: Brunette, Other, Other
Eyes: Brown
- volume without clumpiness
- easiest waterproof mascara to remove by far, and doesn't leave black flakes everywhere
- cheap as
best daytime drugstore mascara in my opinion, doesn't get any better than this
To Read all 1162 Reviews, Login or Join
on 9/24/2016 12:17:00 PM
Age: 30-35
Skin: Combination, Fair, Not Sure
Hair: Blond, Other, Other
Eyes: Blue
Holds a curl and gives great length for my very fine lashes, BRAVO! I do use an eyelash curler and put on two coats, but after that there is some serious staying power. I do need to use a spoolie to brush through and make sure I don't have a little clumpiness after that second coat, but my lashes are so fine that happens with most mascara so nothing new. I end up trying new mascaras all the time and this drug store option tends to be one of the best.
on 6/24/2016 8:53:00 AM
Age: 19-24
Skin: Normal, Fair, Not Sure
Hair: Blond, Other, Other
Eyes: Blue
LOVE LOVE LOVE. I need a waterproof mascara because throughout the day my eyes get teary and non-waterproof smudges. This one is awesome. It stays all day and removes gently with a little bit of oil. It does what it says. It leaves your eyelashes soft, full, and long! I just repurchased a second one after a few months. Love this!
on 6/14/2016 2:11:00 PM
Age: 25-29
Skin: Dry, Fair-Medium, Neutral
Hair: Brown, Wavy, Medium
Eyes: Brown
This mascara holds a curl really really well, and adds nice volume. Pretty good length. (I boost the length by using Cils Booster underneath.) The only thing I don't like is that it's difficult to remove. So even with eye make up remover, I end up getting mascara on my towels.
on 6/7/2016 3:08:00 AM
Age: 36-43
Skin: Normal, Fair-Medium, Not Sure
Hair: Blond, Other, Other
Eyes: Blue
At first glance I didn't mind it then after a few uses it started getting super clumpy! It's also not as waterproof as it claims to be. I think I would like something that's not so heavy and separates
on 5/17/2016 9:42:00 AM
Age: 18 & Under
Skin: Normal, Medium, Warm
Hair: Black, Straight, Fine
Eyes: Black
This mascara is fantastic if you're looking for a very waterproof mascara that holds a curl and gives defined but still natural looking lashes.
I preferred this about a month after it was opened as it was at that point of time it gave the most definition, held the curl best and didn't flake. A straight open tube has the tendency to go on a little wet which can drag the curl down again. As it nears three months, the mascara has the tendency to flake under the eye after about 6-7 hours of wear. This will need either an oil based cleanser or a biphase make up remover as it is quite seriously waterproof.
on 5/15/2016 6:59:00 PM
Age: 30-35
Skin: Acne-prone, Fair-Medium, Not Sure
Hair: Brown, Other, Other
Eyes: Hazel
I bought this for a beach trip in a hot, humid climate and it served its purpose! I did not extensively swim with this on, but it did not smear or run in full submersion in the pool and fresh water or in the heat with sweat dripping down my face. Pretty impressed with this stuff! It smeared when I accidentally rubbed my eyes, but otherwise it stayed all day and was easily removed with facial wipes. Highly recommend
on 5/4/2016 9:03:00 AM
Age: 36-43
Skin: Combination, Olive, Warm
Hair: Black, Straight, Fine
Eyes: Brown
I don't know how it took me so long to try this. I think the name suggested that it was for a natural look and as a mascara junkie it didn't appeal to me. I love making my lashes pop above all other makeup techniques. It seems that every mascara I love gets discontinued, so I'm always on the hunt for a HG that's not likely to get the axe.
After seeing many good reviews and knowing this has been around forever, I got some. And fingers crossed because it was more than $7 which may not seem like a lot but when you throw away as much garbage products as I do, it is. Anyhow, I love it! If you apply it with a light hand it's very full and soft indeed. You can use a heavier hand for more of a dramatic look. Thick and long and I find the clumping is almost none. No flaking or smudging. And mainly it holds a curl! Thank the Heavens!
The wp is a little hard to get off so be aware of that.
on 4/11/2016 1:33:00 PM
Age: 19-24
Skin: Very Oily, Medium, Warm
Hair: Black, Straight, Fine
Eyes: Brown
Good stuff! I'm on my second tube.
This is probably the only American drugstore mascara I'd buy again and again. It doesn't add a lot of volume but it does separate, lengthen/darken my lashes and the most important attribute of all: Holding a curl. That aspect is important for me personally because I have medium-length, Asian, straight lashes. This mascara also doesn't flake or smudge. Price is good, and it's quite easy to find at most drugstores/ULTAs. The brush is old-school and doesn't poke you like the new rubber ones do (I point unpleasantly to Benefit's 'They're Real!' as an example).
Removal-wise... easy with oil cleanser or any oil-based eye makeup remover.
The non-waterproof version is also very good - very creamy formula (read: buildable), water-resistant, but doesn't hold a curl. I recommend that one for those who already have lush, beautiful lashes.
So anyways, Asian schoolgirls/teenagers or those with pin-straight lashes with not a lot of money to their name should buy this. It's easily accessible and inexpensive. People who rarely wear waterproof mascara but want an inexpensive option just in case (hot/humid weather, long days, ect.) should buy this.
Those who like a bit of luxury but fit my prototype of Asian eyelashes, use curlers everyday, and will purchase WP 9 times out of 10, may I point you to Urban Decay's Cannonball, YSL Faux Cils WP, or even Heroine Kiss Long&Curl. Those are also very good.
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- Look suave and sharp in this purple patterned jacquard shirt from Van Heusen. Featuring an all over jacquard, this purple shirt also has a two tone sheen. Tailored for a comfort fit, this shirt is made from premium cotton. Wear this with slim fit trousers and a matching jacket with brogues and be ready to shine at any event.
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The late Donna Summer, rap group Public Enemy, musician/producer Quincy Jones and bluesman Albert King are among the acts to be inducted into the Rock and Roll Hall of Fame this Spring.
Rock bands Rush and Heart also made the cut, while Jones and his friend Lou Adler will enter the hall as Ahmet Ertegun Award winners for their contributions to rock beyond performance
"Well, it's about time, man," Jones told the AP late Monday night in an interview from his home in Los Angeles. "But I promise you I'm not sitting around worrying about it."
The 79-year-old entertainment icon's fingerprints are all over the hall of fame. He pops up often at key moments in rock 'n' roll history and was even Ray Charles' presenter during the soul singer's induction at the inaugural 1986 ceremony. He never expected to wait so long for his own entry.
"I was pissed off about it at first because I saw how it was going down and who was going in and who wasn't," Jones said with a laugh. "But I'm used to it, man. I've been around a long time, and I know how it works, you know. It's still an honor, man."
Summer, who passed away at age 63 in May, gains entry after six years as a nominee. King, a deep influence on Jimi Hendrix and Stevie Ray Vaughn who died in 1992, now takes his place along all the other legendary blues guitarists in the hall.
Public Enemy, which introduced black power rap in the late 80s, was inducted on its first ballot appearance, swelling the ranks of hip-hop entries. Leader Chuck D said the group's induction is about more than simple membership.
"It's a great piece of news for the genre and our intention was to spread the light that our music is as legitimate as any other music," said the rapper as the group traveled through Wyoming on tour Monday. " … So this is significant to be alongside Grandmaster Flash and The Furious Five, Run DMC and the Beastie Boys and just to be able to say this accomplishment, we don't think it's solely due to us."
The class of 2013 will be inducted into the hall of fame April 18 in Los Angeles.
(Photo: AP)
This Week's Celebrity Instagrams (11/26-12/2)
This Week's Celebrity Instagrams (11/26-12/2)
1. Little Legend and Puddy 😍😍😍😍Source:Instagram 1 of 30
2. "You on point Phife?" "all the time,Tip". 💥 #bannedfromnormalSource:Instagram 2 of 30
3. Vegan! The Impossible burger at CrossroadsSource:Instagram 3 of 30
4. Lawrence #BeforeandAfterEpisodes 1-4: 184lbs 13% body fatEpisode 8: 196lbs 8% body fat S/O @coachdaveboxing with the works outs and @kildareriordan with the nutritionSource:Instagram 4 of 30
5. Jus haaaanngin outSource:Instagram 5 of 30
6. Meanwhile back at home in Atlanta GA someone mad they not on the 🛳. 😳Source:Instagram 6 of 30
7. No limits... Photo cred: Chris Bridges @ludacrisSource:Instagram 7 of 30
8. new newSource:Instagram 8 of 30
9. Apparently my 260lbs is too much for the actual vines in the Hawaiian jungles to hold me without breaking and me falling hundreds of feet. So for safety purposes, I'm forced to swing thru #Jumanjj on wires strong enough to hold 12 adult buffaloes and 1 adult Rock. #OnSet #Jumanji #IronicallyIEatBuffaloDailyForLunch #MoreManThanNatureKnowsWhatToDoWithSource:Instagram 9 of 30
10. hey ma! 🎎#wcw 💙Source:Instagram 10 of 30
11. Surprise visit to our factories!!! #GoodAmerican #USASource:Instagram 11 of 30
12. 😍❤Source:Instagram 12 of 30
13. Peachy Keen 🔥✨⚡Source:Instagram 13 of 30
14. If this don't look thankful I don't know what does. Happy Thanksgiving to you and yours. #UltraBlessed #24kMagic #SweetPotatoFlySource:Instagram 14 of 30
15. Late nights @nbcmarlon with the writers... we in here!!!Source:Instagram 15 of 30
16. There goes my baaaaaaaaabbbbyyyyy #QueenKingMagic!!! We're up to something! Ira BIG!!! Stay out our buisness -Source:Instagram 16 of 30
17. You want to win every game you play but when you come home to these faces... who cares. #ILoveYouGirls best part of my day, everyday!Source:Instagram 17 of 30
18. Steady,steady..... full size jenga.. "I got this one "???? Or do I ?Source:Instagram 18 of 30
19. Cornrows kind of day 😉@dontaysavoy2 you convinced me and I love. ❤Source:Instagram 19 of 30
20. #BrotherlyLove #tbtSource:Instagram 20 of 30
21. MoreSource:Instagram 21 of 30
22. #basel #TeamLOVE @kingcombsSource:Instagram 22 of 30
23. Just introduced a special screening of @directher 's groundbreaking (must see) documentary @13thfilm with my brother @themichaelealy | @unitedblackout #blackoutblackfridaySource:Instagram 23 of 30
24. Me & Vanessa Williams giving #DuckLips #Pose on the set of #DaytimeDivas @vh1 - Coming Soon to a tv near you. Lol. - My make up done by @makeupsurgeonSource:Instagram 24 of 30
25. This picture just makes me wanna praise the Lord, you hear me!!!!!! Yes Lord brotha #TEDDYCAMPBELL What a #man !!! You are everything right on this picture husband ......... #gorgeous #stylish #classy #strong #masculine #king #sexy #debonair #gentlemenstyle And that #bible in your hand just seals the deal for me (probably cause i know that, that is what helped you become just as amazing as you look😘). While my heart and mind experiences the goodness of God at #church on Sundays, my eyes experiences the goodness of Teddy😍. Amen somebody🙌🏽. "Bless the Lord oh my soul and all that is within me bless his holy name" #myman #myhusband #goodman #blackman #dapperman #godlyman #goodfather #mybestfriendSource:Instagram 25 of 30
26. Yesterday was my mama's 53rd birthday!!!!! Got to celebrate with her all day. If this is what I have to look forward to I can't wait. Looking like a soft bucket a cocoa butter. Yaaaaaaaaaas! 😍😍😍 love you mommy!Source:Instagram 26 of 30
27. "Shout out to @PureAtlanta for getting the family right"....I'm loving this jogger. 😍😍Source:Instagram 27 of 30
28. This pic warms my heart ❤ #myLogiebeans and aunt aunt umba @itowandabraxton 😘Source:Instagram 28 of 30
29. You will always be my baby😜. #HappyBirthdayReginae #mybaby18Source:Instagram 29 of 30
30. GC "Gods Child" Red on Red SweatSuit available now at www.MonicaApparel.com ... Take Your Crown wherever you go!! I'm pictured in a Medium... Go to the site now for other options ... cc: @trukernellSource:Instagram 30 of 30
One thought on "Quincy Jones, Public Enemy Added to Rock and Roll Hall of Fame"
Pingback: #TheTJMSReport: Public Enemy, Donna Summer, Albert King and Quincy Jones Inducted Into 2013 Rock & Roll Hall of Fame | 106.7 WTLC


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Homewood Suites by Hilton Colorado Springs
9130 Explorer Drive, Colorado Springs, United States Show Map
Check in from 3:00 PM / Check out prior to 12:00 AM
Homewood Suites by Hilton Colorado Springs: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Colorado Springs, United States.
Homewood Suites by Hilton Colorado Springs offers comfortable 3-star accommodation in Colorado Springs. It also features meeting rooms, a 24-hour reception and an express check-in and check-out feature.
Hotel description
Homewood Suites Colorado Springs offers a golf course, room service and luggage storage. There is a BBQ area on-site for guests to use.
All of the unique rooms at Homewood Suites by Hilton Colorado Springs feature a microwave, a refrigerator and a dishwasher. Each provides a private bathroom with a bathtub, a shower and a hair dryer.
A satisfying breakfast is available each morning at Homewood Suites North Colorado Springs, and there are numerous restaurants and eateries close by.
Colorado Springs Airport is less than a 30-minute drive from Homewood Suites by Hilton. Colorado College, Monument Valley Park and Colorado Springs Fine Arts Center are within an easy car ride from the hotel.
Hotel features
Room Service, Air Conditioned, Refrigerator, Cable / Satellite TV, Microwave, Hair Dryer, TV, Shower, En suite, Private Bathroom
Business Center, Elevator / Lift, 24 Hour Reception, Dry Cleaning, Safe-Deposit Box, Wake-up Service, Meeting Rooms, Laundry service, Shops, Photocopier, Luggage Storage, Shops in Hotel, Express Check-In/Check-Out, Self Laundry
Fitness Room/Gym, Golf Course, Bath / Hot Tub
Private Toilet, Picnic Area/Tables, Souvenirs/Gift Shop
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Users who viewed Homewood Suites by Hilton Colorado Springs also viewed these 3 stars Colorado Springs hotels:
Oakwood At Village At Westmeadow Hotel
1265 Capistrano Pt, Colorado Springs
1265 Capistrano Pt, Colorado Springs
SilverWood Hotel & Conference Center
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505 Popes Bluff Trail, Colorado Springs
Radisson Hotel Colorado Springs Airport
1645 N. Newport Road, Colorado Springs
1645 N. Newport Road, Colorado Springs
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Nearest hotels
- Hilton Garden Inn Colorado Springs
0.1 miles
- Howard Johnson Inn Colorado Springs
1 miles
- RED ROOF INN Alxa Zuoqi
1.1 miles


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Having unnecessary fat in various locations of your body can have a substantial influence on your health and self-esteem. While conventional weight reduction through workout and diet is a fantastic method to reduce weight in general, even the best exercises cannot target problem locations like the stomach, inner thighs, arms, and buttocks. Liposuction is a time evaluated treatment that is used to eliminate excess fat from specific locations of the body, enabling a specific to form and contour their body to their preference. Is liposuction right for you? Discover now.
Pros of Liposuction
There are many advantages to this cosmetic treatment, including:
• Immediately visible changes. Unlike traditional weight loss, liposuction produces changes that are instantly noticeable in the body. Some difference is visible immediately, and the preferred results are usually attained in simply a few days.
• Proven and safe. This cosmetic treatment has actually been carried out by skilled surgeons all over the world for years and the strategy has been improved over and once again to be safe and effective.
• Recovery time is typically quick. The downtime needed after having this kind of treatment is usually much less than what is needed for other kinds of cosmetic treatments, consisting of tummy tucks, breast reduction, and more. Individuals who have had the treatment can often go back to work much more rapidly than they prepared for and can get back to living a healthy, active way of life.
• Weight loss can be long-term. With the best upkeep methods, the fat that was eliminated throughout the liposuction procedure will not return.
• Complete control over your body. With liposuction, an individual can have complete control over how they wish to look, beyond exactly what standard diet plan and workout can supply. Providing individuals this power over their bodies enhances self-esteem and aid individuals feel their very best.
While there many benefits to liposuction, there are of course a couple of cautions that should be considered prior to making the final decision to move forward with the treatment.
Cons of Liposuction
Before having actually liposuction done, it is necessary to examine the possible disadvantages of the procedure and identify if the benefits outweigh the risks in your certain case. Your cosmetic surgeon can assist you learn more about the dangers associated with the treatment and can assist you choose if moving on is the best thing for you.
• Issues with general anesthesia. Because liposuction is performed under general anesthesia, the procedure carries the exact same threats as any other kind of surgery where basic anesthesia is utilized. Hidden medical conditions might increase these dangers.
• Adverse reactions. Bruising, bleeding, and discomfort are all to be anticipated, however, in unusual cases can trigger more significant complications.
• The possible to get the weight back. After having actually liposuction done, it is important to keep a healthy diet plan and workout effectively as recommended by your physician. Failure to do so could cause getting back the weight that was lost or potentially much more.
Although there are threats connected with liposuction, for many people, the benefits far surpass them. Inform yourself about the treatment by having extensive discussions with your cosmetic surgeon and think about how liposuction has the prospective to impact you as a distinct person. Only you and your specialist can identify if liposuction will offer you with the results you are looking for within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Deep River Iowa
Laser liposuction is a newer, minimally intrusive procedure that involves heating the fat cells to melting point and getting rid of the melted fat through a small cannula. The treatment is normally done right in your physician's office and is an outstanding option for individuals who have less than 500 ml of fat to get rid of from any one location. Laser liposuction can be a safe, complementary treatment to weight loss in order to shape the body you have actually constantly desired.
Contact a Specialist in your Deep River Iowa today.
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The 33rd edition of FAMUFEST, a competition display of films made by students of Prague's FAMU, will be held on November 23 to 27 at Prague's Letná District. Like in the past year, it will take place at Bio Oko, plus at the new venues of Studio Hrdinů and Café Jedna.
News on the DAFilms portal
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Why is the documentary film an important medium for a state where a lot of civic protests and political actions are taking the place? Find out in the interview with the director of One World Romania festival Alexandru Solomon.
- 10.3.2014 -
Doc Tank: Cross-Media Projects in Central and Eastern Europe
In the first week of March, while international audiences have a chance to virtually watch the Silver Eye Nominees selection, Prague will host the third edition of meetings of film professionals called East Doc Platform. DAFilms.com has discussed the platform as well as other new projects focused on the support and development of European documentary with IDF representative Filip Šebek.
- 3.3.2014 -
ZagrebDox celebrates the 10th anniversary!
ZagrebDox, one of the most popular documentary festivals in the region of Eastern Europe, celebrates the 10th anniversary of being an important member of the film festival community. DAFilms.com asked festival director Nenad Puhovski how the story of ZagrebDox started and if there is a happy-ending.
- 24.2.2014 -
The Czech Lion was "tamed" again
An interview with the executive director of the Czech Film and Television Academy Tereza Rychnovska inviting you behind the official scene for a discussion about the importance and the (in)visible changes of the most prestigous Czech film award.
- 17.2.2014 -
I am not interested in any kind of genre. I am interested in cinema
In co-operation with DOX European Documentary Magazine, DAFilms.com brings you a unique interview with worldwide known experimental filmmaker and artist Peter Liechti. Enjoy the text by journalist Sevara Pan while watching the the online retrospective of Liechti´s films from February 10 until February 16 for free!
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From Doc Alliance to Monty Python and Back. From the whole of Europe to Prague and Back.
A report from the annual meeting of festival members of Doc Alliance platform in Prague. Read more to learn what is it like to be a member of Doc Alliance team!
- 3.2.2014 -
The Spirit of ´45: A History of the Ideas
The critical review by th Czech film critic Jan Prasilu devoted to the new documentary film Spirit of ´45 by British director Ken Loach. Available only in Czech language.
- 3.2.2014 -
When film making became a life obsession...
The first complex retrospective of Portuguese documentarist Catarina Mourão represents a unique chance to get to know the personality of a filmmaker not only through her film language but also through her everyday speech. Read a special online interview with our virtual director guest!
- 27.1.2014 -
The Strength of Documentary Lies in Its Cultural and Political Role in the 21st Century
The Apordoc Portuguese Documentary Association has become in the course of 16 years one of the leading platforms of documentary film development in Southern Europe. What programme does it offer? What audiences does it address? And why support documentary film at all?
- 20.1.2014 -
Search for quality documentaries online via Institute of documentary film
With the arrival of the new year 2014, the international collaboration of DAFilms.com portal and one of Europe's leading documentary organizations, Institute of Documentary Film (IDF), has gone one step further. We are currently working on the interconnection of the film databases of the two projects. Enjoy this part of our long-term collaboration!
- 13.1.2014 -


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- Worldwide Rank #111,191,086
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@002Migueltaco - Tracking miguel Twitter profile since June 17, 2012
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The face of an angel and the body of a playboy bunny - meet the very delicious sxygal ...
Another in the continuing set that is Luke's hot wife. hope you enjoy.
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December 29, 2009
ADELPHIA RECOVERY TRUST, PLAINTIFF,v.BANK OF AMERICA, N.A., ET AL., DEFENDANTS.
(Judge McClure)
The present matter before this Court arises out of the bankruptcy proceedings of Adelphia Communications Corporation ("ACC"). After ACC filed for bankruptcy in 2002, a recovery trust called the Adelphia Recovery Trust ("ART") was created. ART, the plaintiff in the present matter, has since filed an action in the United States District Court for the Southern District of New York against more than forty financial institutions and their respective investment banking firms ("Bank Defendants"). In this action, ART claims that the Bank Defendants "knowingly aided and abetted a fraud by the ACC's majority shareholders and directors . . . " by providing loans to particular subsidiaries of ACC. (Rec. Doc. No. 13 at 2). ART alleges billions of dollars in damages. Id.
As part of the underlying litigation in the Southern District of New York, this Court issued two subpoenas to appear for depositions and produce documents to two non-party witnesses living in Coudersport, Pennsylvania. The two non-party witnesses are Colin Higgin, the former Deputy General Counsel of ACC, and Karen Chrosniak Larsen, the former Director of Investor Relations. (Rec. Doc. Nos. 11 and 13). Both Higgin and Larsen appeared for their depositions, at which they invoked their Fifth Amendment right against self-incrimination to nearly all of the questions asked by the Bank Defendants' counsel.
On October 30, 2009, the Bank Defendants filed motions to compel the deposition testimony of Higgin and Larsen. (Rec. Doc. Nos. 11 and 13). Also on October 30, 2009, the Bank Defendants filed a motion to expedite consideration of their motions to compel the testimony of both Higgin and Larsen. (Rec. Doc. Nos. 12 and 14). On November 2, 2009, we granted the Bank Defendants' motion for expedited consideration of their motions to compel deposition testimony from Higgin and Larsen. (Rec. Doc. Nos. 15 and 16).
Pursuant to this expedited briefing schedule, Higgin filed a response to the Bank Defendants' motion to compel on November 9, 2009. (Rec. Doc. No. 18). Plaintiff ART filed a brief opposing the Bank Defendants' motions to compel the testimony of Higgin and Larsen also on November 9, 2009. (Rec. Doc. No. 20).
On November 16, 2009, the Bank Defendants filed reply briefs in support of their motions to compel the deposition testimony of Larsen and Higgen. (Rec. Doc. No. 23 and 24).
On November 24, 2009, we denied the Bank Defendants' motion to compel the deposition testimony of Higgin and Larsen and ordered an in camera hearing to determine the scope of Higgin and Larsen's Fifth Amendment privilege against self-incrimination. In our November 24, 2009 Memorandum and Order, we noted that relevant statutes of limitations had yet to run for federal crimes as to both Higgin and Larsen and that a real danger of self-incrimination existed for each witness. As such, we ordered an in camera hearing for both Higgin and Larsen to determine the scope of each witness's Fifth Amendment privilege against self-incrimination.
This Court conducted an in camera hearing with Higgin and Larsen on December 15, 2009, and December 28, 2009, respectively. Now, for the following reasons, we will grant in part the Bank Defendants' motion to compel with respect to Higgin and deny the Bank Defendants' motion to compel with respect to Larsen.
The issue before this Court is whether Larsen and Higgin properly have invoked their Fifth Amendment privilege against self-incrimination in the context of a subpoena to testify at a deposition.
Rule 26(b)(1) of the Federal Rules of Civil Procedure sets the contours for discovery and provides that "[p]arties may obtain discovery of any matter, not privileged, that is relevant to any party's claim or defense." The rule further states that "[r]elevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence." It is well-settled that Rule 26 establishes a liberal discovery policy. Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 351 (1978); Hickman v. Taylor, 329 U.S. 495, 507-08 (1947); Great West Life Assurance Co. v. Levithan, 152 F.R.D. 494, 497 (E.D. Pa. 1994). As a general rule, therefore, discovery is permitted of any items that are relevant or may lead to the discovery of relevant information. Hicks v. Big Bros./Big Sisters of Am., 168 F.R.D. 528, 529 (E.D. Pa. 1996); Transcontinental Fertilizer Co. v. Samsung Co., 108 F.R.D. 650, 652 (E.D. Pa. 1985).
A. The Privilege Against Self-Incrimination
The Fifth Amendment to the United States Constitution states, in part, that "[n]o person . . . shall be compelled in any criminal case to be a witness against himself . . . ." A person may invoke the privilege against self-incrimination in a civil or criminal proceeding, at an administrative or judicial hearing, or in a setting that is adjudicatory or investigatory. Kastigar v. United States, 406 U.S. 441, 445 (1972) (citing Murphy v. Waterfront Comm'n, 378 U.S. 52, 94 (1964); McCarthy v. Arndstein, 266 U.S. 34, 40 (1924)). While the privilege protects an admission that on its own would support a criminal conviction, the privilege also protects admissions "which would furnish a link in the chain of evidence needed to prosecute the claimant for a federal crime." Hoffman v. United States, 341 U.S. 479, 487 (1951) (citing Blau v. United States, 340 U.S. 159 (1950)).
Importantly, it is not enough for the witness simply to claim a privilege against self-incrimination under the Fifth Amendment. A person claiming a privilege under the Fifth Amendment "must be 'confronted by substantial and real, and not merely trifling or imaginary, hazards of incrimination.'" United States v. Doe, 465 U.S. 605, 614 (1984) (citing Marchetti v. United States, 390 U.S. 53 (1968)) (internal quotations omitted). The privilege against self-incrimination "protects against real dangers, not remote and speculative possibilities." Zicarelli v. New Jersey State Comm'n of Investigation, 406 U.S. 472, 479 (1972). However, it is also well-established that "[t]he witness is not exonerated from answering merely because he declares that in so doing he would incriminate himself -- his say-so does not of itself establish the hazard of incrimination." Hoffman, 341 U.S. at 487.
Generally, a witness should be required "'to answer questions only if it is perfectly clear, from a careful consideration of all the circumstances in the case that the answer cannot possibly tend to incriminate the witness.'" Nelson v. Pilkington PLC (In re Flat Glass Antitrust Litig.), 385 F.3d 350, 371 (3d Cir. 2004) (quoting United States v. Washington, 318 F.3d 845, 856 (8th Cir. 2003)).
There are, of course, exceptions to the general rule that an individual may invoke the privilege against self-incrimination. For example, "if a prosecution for a crime, concerning which the witness is interrogated, is barred by the statute of limitations, he is compellable to answer." Brown v. Walker, 161 U.S. 591, 598 (1896). In addition, "[s]uspects who have been granted immunity from prosecution may . . . be compelled to answer; with the threat of prosecution removed, there can be no reasonable belief that the evidence will be used against them." Hiibel v. Sixth Judicial Dist. Court, 542 U.S. 177, 190 (U.S. 2004) (citing Kastigar, 406 U.S. at 453).
B. The Scope of Larsen's Fifth Amendment Privilege
We are constrained to conclude that Larsen's anticipated deposition testimony would fall within the purview of the privilege against self-incrimination under the Fifth Amendment. If Larsen were to answer any of the remaining questions from the October 1, 2009 deposition, she would face a substantial and real danger of incrimination. Certainly it is not "perfectly clear" that Larsen's anticipated answers could not "possibly tend to incriminate" her. See Nelson, 385 F.3d at 371. The questions asked of Larsen at her October 1, 2009 deposition go directly to her duties, responsibilities, and actions related to her former position as Director of Investor Relations for Adelphia. These duties, responsibilities, and actions are potentially incriminatory to Larsen to a very real and substantial degree. We therefore find the Bank Defendants' argument that the deposition questions fail to raise a substantial risk of self-incrimination to be without merit.
Additionally, the Bank Defendants overstate the scope of the non-prosecution agreement reached between Larsen and the United States Attorney's Office for the Southern District of New York. First, that agreement was reached only between Larsen and the United States Attorney's Office for the Southern District of New York.*fn1 Second, while the agreement does provide immunity to Larsen for crimes she may have committed from approximately February of 2000 through May of 2002 as part of a scheme to defraud Adelphia creditors and investors, such immunity was granted only "to the extent any such crimes have been disclosed to this Office as of the date of the signing of this Agreement." (Rec. Doc. No. 13, Exhibit A-2, at 2) (emphasis added). Third, inter alia, the agreement requires that Larsen "shall truthfully testify before the grand jury and at any trial and other court proceeding with respect to any matters about which this Office may request her testimony . . . ." Id. at 3 (emphasis added). Fourth, it is also clear, pursuant to the agreement, that a prosecution "not time-barred by the applicable statute of limitations on the date of the signing of [the agreement] may be commenced against [Larsen], notwithstanding the expiration of the statute of limitations between the signing of [the agreement] and the commencement of such prosecution." Id. (emphasis added).
In light of the above, we conclude that Larsen has properly invoked her Fifth Amendment privilege and properly has answered those questions not implicated by the privilege. If Larsen were to answer the remaining questions asked of her at the October 1, 2009 deposition, she would risk incrimination to a substantial and real degree. As such, we will deny the Bank Defendants' motion to compel her deposition testimony.
C. The Scope of Higgin's Fifth Amendment Privilege
We are also constrained to conclude that Higgin, to an overwhelming degree, has similarly invoked his Fifth Amendment privilege against self-incrimination in a proper fashion. However, we do conclude that Higgin should be required to answer a number of questions asked of him at his October 2, 2009 deposition. As such, we will grant the Bank Defendants' motion to compel in part pursuant to our discussion below.
There are several categories of questions asked at Higgin's deposition which on their face are "facially innocuous" and to which Higgin should be compelled to answer. See Donovan v. Spadea, 757 F.2d 74, 78 (3d Cir. 1985) (agreeing with the district court that particular questions asked of the witness "are facially innocuous and do not appear likely to elicit incriminatory responses"). Higgin should be compelled to answer those questions asked of him that pertain to his education and employment prior to his beginning employment with Adelphia in 1992. In addition, Higgin should be required to answer those questions pertaining to when his work with Adelphia began and ended and whether he has ever been party to a lawsuit. We also conclude that Higgin should be compelled to answer those questions asked at his deposition relating to whether he was previously interviewed by attorneys in connection with his employment at Adelphia.
We conclude that the above questions are "facially innocuous" and that Higgin has failed to show that he would face a substantial or real risk of incrimination if he were required to answer these questions. Higgin's say-so does not establish a per se risk of incrimination, and we conclude that answers to the above questions "cannot possibly tend to incriminate" him. Nelson, 385 F.3d at 371.
In light of the foregoing, we conclude that the Bank Defendants' motion to compel as to Larsen must be denied. The motion to compel as to Higgin will be granted in part, in accordance with the reasoning above.
1. The Bank Defendants' "Motion to Compel Deposition Testimony from Nonparty Colin Higgin" is GRANTED IN PART AND DENIED IN PART in accordance with the accompanying Memorandum. (Rec. Doc. No. 11).
2. The Bank Defendants' "Motion to Compel Deposition Testimony from Non-Party Karen Chrosniak Larsen" is DENIED. (Rec. Doc. No. 13).
3. The clerk is directed to provide a copy of this memorandum and order to Colin Higgin and Karen Chrosniak Larsen.
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decided: November 9, 1987.
Appeal from the order of the Court of Common Pleas of Northampton County, in case of Re: The Upset Sale of properties against which delinquent 1981 taxes were returned to the Tax Claim Unit on or about the First Monday of May, 1982 (Skibo Property), No. 1983-CM-6737.
Jill F. Fackenthal, with her, Leo V. DeVito, Jr., and John J. Bartos, for appellant.
Erv McLain, with him, Thomas J. Maloney, for appellee.
Judge Craig, and Senior Judges Barbieri and Kalish, sitting as a panel of three. Opinion by Senior Judge Barbieri.
[ 111 Pa. Commw. Page 34]
This is an appeal by the Tax Claim Unit of Northampton County (TCU) from an order of the Court of Common Pleas of Northampton County dismissing TCU's exceptions and entering judgment in favor of Windrift Real Estate Associates (Windrift) in the amount of $901.25. Windrift's claim against TCU arose out of a tax claim sale held on November 17, 1983, whereat Windrift purchased a property which sale was later voided by the common pleas court on the basis of a defective notice sent to the property owner by TCU. The common pleas court held that Windrift was damaged
[ 111 Pa. Commw. Page 35]
by TCU's negligence and entitled to recover its costs of borrowing the funds used to purchase the property at the voided sale. We will affirm.
The material facts were stipulated by the parties and are as follows. In 1983, the TCU notified Alyce Skibo that claims for delinquent taxes had become absolute and that the property would be sold to satisfy those delinquent taxes. The TCU held an auction on November 17, 1983, at which auction Windrift was the successful bidder on Skibo's property for $25,200.00. The tax sale was made subject to certain publicized terms.*fn1 In January,
[ 111 Pa. Commw. Page 361984]
, Skibo filed objections to the sale based in part on the TCU's failure to adequately inform her of her redemption rights, specifically her right to apply for a one-year extension of the redemption period granted under Northampton County Ordinance No. 72. On October 2, 1984, the common pleas court sustained Skibo's exceptions and set aside the sale of her property at the November 17, 1983, auction. Subsequently, the TCU refunded to Windrift the $25,200.00 purchase price as well as $1,999.62 in interest that the TCU had earned on the purchase price while it was held in escrow. Windrift sought from the TCU reimbursement for its entire interest expense of $2,900.87, as well as counsel fees in the amount of $1,992.50 that it expended in defending its interest in the sale property during Skibo's challenge to the sale. The common pleas court held that the TCU negligently failed to provide Skibo with the proper notice as required by law and that Windrift's additional interest expense incurred in borrowing the funds to purchase Skibo's property at the tax sale was reasonably foreseeable, making the TCU liable to Windrift for the entire amount of its interest expense incurred, $2,900.87, less the interest TCU earned on the escrow funds that were already paid to Windrift, $1,999.62, leaving a liability of $901.25, upon which the common pleas court entered judgment in favor of Windrift against the TCU. The court denied Windrift's claim for attorney's fees.
The sole issue presented in this appeal is whether a tax collection unit of a municipality is liable to a disappointed purchaser for costs the purchaser incurred in
[ 111 Pa. Commw. Page 37]
bidding on and purchasing property at the unit's tax sale where, through the negligence of the tax collection unit, the sale is voided and the purchaser does not obtain the property it successfully bid upon.*fn2 The TCU argues that there is no right of reimbursement for costs incurred by a disappointed purchaser at a tax sale if the sale is later held to be invalid. In the alternative, the TCU argues that if there is such a right of reimbursement, it must be limited to the funds earned by the TCU while the purchase price is held in escrow.
There is no serious question that a disappointed purchaser at a tax sale cannot recover its costs incurred in participating in that sale from the property owner if the sale is later held to be invalid. Fidei v. Underwood, 291 Pa. Superior Ct. 375, 435 A.2d 1275 (1981); Gaul v. McLaughlin, 207 Pa. Superior Ct. 434, 217 A.2d 757 (1966). In Fidei, however, the Superior Court held that a disappointed purchaser of property has no right of reimbursement against the true owners where those owners were not notified of the tax sale and the costs were incurred by the purchaser without the owners' knowledge, request or consent. 291 Pa. Superior Ct. at 380-81, 435 A.2d at 1277-78. There, the owners were the heirs of the former record owner of the property and
[ 111 Pa. Commw. Page 38]
the county assessor had never recorded the heirs as the owners of the property in question, still listing the decedent, who died in 1947, as the owner, as late as 1956. The facts in Gaul are similar; there the record owner had died intestate in 1934 with a list of heirs being filed with the Letters of Administration that same year. The assessment office also listed the property as belonging to a "James McLaughlin," wherein it was in fact owned by "John J. McLaughlin." The McLaughlin heirs received no notice of the 1950 tax sale at which time the property was sold. The sale was voided in 1961 when the heirs challenged the purchaser's quiet title action. The common pleas court ordered the heirs to reimburse the purchaser for all taxes paid since the sale as well as all monies expended by the purchaser at the tax sale. The Superior Court reversed holding that the purchaser, not being legally obligated to expend any monies on the property, had the status of a volunteer. As such, the Superior Court held that it is well established law that volunteers have no right to reimbursement. See also Lohr's Estate, 132 Pa. Superior Ct. 125, 129, 200 A. 135, 136 (1938).
In the case at bar, however, a different set of circumstances is present. Here, the disappointed purchaser is seeking reimbursement for costs expended not from the true owner of the property, but from the municipal agency whose negligence caused the tax sale to be voided. In order for the TCU's negligence to impose liability upon it for damages the voided sale caused Windrift, the TCU must owe some kind of duty to Windrift. If the TCU owed Windrift no duty, then its negligence in failing to properly notify the property owner of her redemption rights does not impose any liability upon it for Windrift's damages no matter how foreseeable those damages may have been. See e.g., Morena v. South Hills Health System, 501 Pa. 634, 462 A.2d 680
[ 111 Pa. Commw. Page 39]
(1983); Dorn v. Leibowitz, 387 Pa. 335, 127 A.2d 734 (1957).
We begin our analysis of whether a municipal tax claim unit owes a duty to prospective bidders at its tax sales by noting that our Supreme Court has held that the presumption that acts of public officials are regular is fully applicable to tax sales. Hughes v. Chaplin, 389 Pa. 93, 132 A.2d 200 (1957). Thus, in the absence of evidence to the contrary, courts presume that taxing authorities comply with the applicable statutory requirements prior to placing a property for sale to satisfy delinquent taxes. Pennsylvania Bank & Trust Co., Youngsville Branch v. Dickey, 232 Pa. Superior Ct. 224, 335 A.2d 483 (1975). By inviting prospective buyers to bid at its tax auction, the TCU is representing or warranting to those prospective buyers that the statutory requirements for conducting such a sale have been met and that the successful bidder will be buying a parcel of real estate, not a lawsuit. The condition of sale that informs purchasers that they take only what title there is to sell pertains only to the state of the title held by the delinquent taxpayer, it in no way refers to or excuses any defects in the sale procedure caused by the TCU's negligence. That provision only alerts prospective buyers that the subject property may be encumbered by mortgages, judgment liens, municipal liens, and the like. In view of the foregoing, we are satisfied, as was the common pleas court, that a tax claim unit or bureau, such as the TCU, owes a duty to prospective tax sale bidders and purchasers to comply with the statutory requirements of exposing a property to sale for delinquent taxes and, where that duty is breached through negligence, the TCU can be held liable to the disappointed purchaser for damages that were reasonably foreseeable and proximately caused by the TCU's negligence in holding the sale.
[ 111 Pa. Commw. Page 40]
We now turn to the TCU's alternative argument that any damages to which a disappointed purchaser is entitled following the voiding of a tax sale are limited to the amount the TCU actually earned on the purchase price while it was held in escrow. The TCU points to no authority for so limiting damages and we can see no policy reason to so limit the recovery where damages have been sufficiently proven. Generally, damages are to be compensatory to the full extent of the injuries sustained and are limited only by the amount of the loss suffered. Incollingo v. Ewing, 444 Pa. 263, 282 A.2d 206 (1971); Holmes Electric Protective Co. of Philadelphia v. Goldstein, 147 Pa. Superior Ct. 506, 24 A.2d 161 (1942). Here, Windrift proved that it was required to expend $2,900.87 to borrow the funds required by the TCU to purchase the Skibo property at its tax sale. The TCU returned to Windrift only $1,999.65, along with the purchase price, leaving Windrift with remaining out-of-pocket costs of $901.25. The measure of damages where a party has been harmed by a breach of a duty owed by another party is to place the injured party in, or as nearly as possible, in the same position that the party would have been in had the breach of duty not occurred. Harman v. Chambers, 358 Pa. 516, 57 A.2d 842 (1948); Emerman v. Baldwin, 186 Pa. Superior Ct. 561, 142 A.2d 440 (1958). Therefore, in order to be made whole, Windrift is entitled to be reimbursed the additional $901.25 in interest that it was obliged to incur to complete its attempted purchase of the Skibo property at the November 17, 1983, tax sale. Reimbursement of that sum would place Windrift as nearly as possible in the same position it occupied prior to that sale and its subsequent voiding by the common pleas court.
Having disposed of the TCU's contentions in favor of Windrift, we shall affirm the common pleas court's order entering judgment in favor of Windrift and against the TCU in the amount of $901.25.
[ 111 Pa. Commw. Page 41]
Now, November 9, 1987, the Order of the Court of Common Pleas of Northampton County at Docket No. 1983-CM-6737, dated July 22, 1985, denying the exceptions of the Tax Claim Unit of Northampton County, Pennsylvania, and directing the Prothonotary of Northampton County to enter a final judgment in accordance with that Court's Order of May 13, 1985, is hereby affirmed.
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filed: May 6, 1983.
NATHANIEL MOORE, APPELLANT,v.RALPH B. MCCOMSEY, JR., JAN B. WALTERS, HERMAN SIMMS, LIEUTENANT MARTIN, LAWRENCE RUGGIANO AND THOMAS HARTING, APPELLEES
No. 2708 Philadelphia, 1980 Appeal from Order of the Court of Common Pleas, Civil Division, of Lancaster County, No. 273 March Term, 1979.
Nathaniel Moore, in propria persona.
John P. Hohenadel, Lancaster, for appellees.
Brosky, Wieand and Beck, JJ. Brosky, J., files a concurring opinion.
[ 313 Pa. Super. Page 266]
Nathaniel Moore was arrested on September 16, 1972 and charged with the fatal shooting of Edward Bruce Wiker. He was tried by jury and found guilty of murder in the first degree and was sentenced to imprisonment for life. The judgment of sentence was affirmed by the Supreme Court on July 7, 1975. See: Commonwealth v. Moore, 462 Pa. 231, 340 A.2d 447 (1975).
On February 8, 1979, Moore brought a civil action in trespass to recover damages against the public defenders
[ 313 Pa. Super. Page 267]
assigned to represent him, alleging that their negligence had caused his conviction and incarceration.*fn1 His complaint also contained a claim against the police officers who had placed him under arrest.*fn2 Although his pro se complaint was inartfully drafted, we are able to discern therefrom causes of action for (1) civil rights violations under 42 U.S.C. § 1983, (2) false arrest, (3) false imprisonment, (4) assault and battery, and (5) malicious abuse of process. After the pleadings had been closed, the trial court granted all defendants' motions for summary judgment on grounds that Moore's alleged causes of action were barred by the statute of limitations contained in the Judicial Code at 42 Pa.C.S. § 5524. Moore appealed. We affirm.
[ 313 Pa. Super. Page 268]
"Under Pa.R.C.P. 1034, a motion for judgment on the pleadings may be granted in cases which are so free from doubt that a trial would clearly be a fruitless exercise. Such a motion is in the nature of a demurrer; all of the opposing party's well-pleaded allegations are viewed as true but only those facts specifically admitted by him may be considered against him . . . . Unlike a motion for summary judgment, the power of the court to enter a judgment on the pleadings is further circumscribed by the requirement that the court consider only the pleadings themselves and any documents properly attached thereto." Bata v. Central-Penn National Bank of Philadelphia, 423 Pa. 373, 378, 224 A.2d 174, 178-179 (1966), cert. denied, 386 U.S. 1007, 87 S.Ct. 1348, 18 L.Ed.2d 433 (1967) (footnote and citations omitted). Accord: Karns v. Tony Vitale Fireworks Page 268} Corporation, 436 Pa. 181, 184, 259 A.2d 687, 688 (1969); Del Quadro v. City of Philadelphia, 293 Pa. Super. 173, 176-177, 437 A.2d 1262, 1263 (1981); Balush v. Borough of Norristown, 292 Pa. Super. 416, 419, 437 A.2d 453, 454 (1981); Nevling v. Natoli, 290 Pa. Super. 174, 177, 434 A.2d 187, 188 (1981); Zelik v. The Daily News Publishing Co., 288 Pa. Super. 277, 279, 431 A.2d 1046, 1047 (1981); Puleo v. Broad Street Hospital, 267 Pa. Super. 581, 584, 407 A.2d 394, 396 (1979).
The Judicial Code, at 42 Pa.C.S. § 5524(1) and (2), establishes two year limitations for the commencement of actions "for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process" and "to recover damages for injuries to the person . . . caused by the . . . negligence of another."
Appellant's alleged causes of action against the arresting police officers accrued when he was arrested on September 16, 1972. The actions were barred after two years had elapsed. The present action, commenced more than six years after causes of action arose, was untimely, and the trial court properly entered judgment on the pleadings in favor of the arresting policemen.
[ 313 Pa. Super. Page 269]
Appellant contends that an action for violations of the federal civil rights statute cannot be barred by a statute of limitations enacted by a state legislature. His contention is clearly incorrect. There is no federal statute of limitations applicable to civil rights actions under 42 U.S.C. § 1983. The applicable statute of limitations is the state statute which is applicable to the conduct alleged to have violated the plaintiff's civil rights. Polite v. Diehl, 507 F.2d 119, 122 (3rd Cir. 1974); Ammlung v. City of Chester, 494 F.2d 811, 814 (3rd Cir. 1974); Henig v. Odorioso, 385 F.2d 491, 493 (3rd Cir. 1967), cert. denied, 390 U.S. 1016, 88 S.Ct. 1269, 20 L.Ed.2d 166 (1968), rehearing denied, 391 U.S. 929, 88 S.Ct. 1814, 20 L.Ed.2d 671 (1968); Salaneck v. State Trooper Olena, 558 F.Supp. 370, 371 (E.D.Pa. 1983); Carpenter v. Dizio, 506 F.Supp. 1117, 1120-1121 (E.D.Pa. 1981), aff'd without opinion, 673 F.2d 1298 (3rd Cir. 1981); Chappelle v. Chase, 487 F.Supp. 843, 846 (E.D.Pa. 1980); Wilkinson Page 269} v. Ellis, 484 F.Supp. 1072, 1078 (E.D.Pa. 1980); Getz v. Bruch, 400 F.Supp. 1033, 1035 (E.D.Pa. 1975).
Appellant also argues that his cause of action for false imprisonment cannot be barred because he continues to be in prison and the offense, therefore, is continuing. Although it is correct that appellant is still incarcerated, he is not presently being detained by virtue of any continuing conduct on the part of the present appellees. Rather, he is presently detained because of a valid judgment of sentence imposed following conviction for murder.
A novel and more difficult issue is the period of limitation applicable to a civil action for legal malpractice against a public defender whose negligence is alleged to have been the cause for plaintiff's criminal conviction and incarceration. If such an action is for "injuries to the person" negligently inflicted, the applicable limitation is two years. 42 Pa.C.S. § 5524(2). If the action is based on an alleged breach of an oral contract of hiring or a contract implied in law, the limitation is four years. 42 Pa.C.S. § 5525(3) and (4). Finally, if the cause of action is based upon a written contract or if no other statute of limitations is applicable, the action must be commenced within six years. 42 Pa.C.S. § 5527(2) and (6).
Prior decisions have usually treated the default or malpractice of an attorney as a breach of contract between attorney and client and have applied the six year statute of limitations contained in the Act of March 27, 1713, 1 Sm.L. 76, 12 P.S. § 31, now repealed. See: Huffman Estate, (No. 3), 349 Pa. 59, 36 A.2d 640 (1944); Rhines' Administrators v. Evans, 66 Pa. 192 (1871); Campbell's Administrator v. Boggs, 48 Pa. 524 (1855); Skyline Builders, Inc. v. Kellar, 50 D & C.2d 19 (Leh.C.P. 1970). In the instant case, however, there was no contract of employment between appellant and trial counsel, for counsel had been court appointed. Similarly, we deem it unrealistic to attempt to confer upon appellant the status of a third party beneficiary to a contract between the Commonwealth and appointed counsel. We conclude, rather, that appellant's cause of action was based not upon breach of contract by his counsel but upon
[ 313 Pa. Super. Page 270]
the alleged negligence of counsel in handling his criminal case.
The two year statute of limitations is applicable to actions where the wrongful act or negligence of another has caused "injuries to the person." 42 Pa.C.S. § 5524(2). We must determine, then, whether appellant's claim in this action is for injury to his person. We conclude that it is. "Personal injury" is defined in Black's Law Dictionary (5th Ed. 1979) as follows:
"Personal injury. In a narrow sense, a hurt or damage done to a man's person, such as a cut or bruise, a broken limb, or the like, as distinguished from an injury to his property or his reputation. The phrase is chiefly used in this connection with actions of tort for negligence and under worker's compensation statutes. But the term is also used (chiefly in statutes) in a much wider sense, and as including any injury which is an invasion of personal rights, and in this signification it may include such injuries to the person as libel or slander, criminal conversation, malicious prosecution, false imprisonment, and mental suffering."
Appellant's pro se complaint describes his cause of action in various ways, but his claim for damages is based upon conduct of counsel which allowed his conviction and subsequent incarceration. This, in a broad sense, is a claim for injury to his person. As such, we hold that it must be commenced within two years.
The general rule is that the statute begins to run from the time the negligent act is done. Med-Mar, Inc. v. Dilworth, 214 Pa. Super. 402, 405-406, 257 A.2d 910, 912 (1969). The purpose of a statute of limitations is to expedite litigation and to discourage stale claims. Insurance Company of North America v. Carnahan, 446 Pa. 48, 51, 284 A.2d 728, 729 (1971); Ulakovic v. Metropolitan Life Insurance Co., 339 Pa. 571, 575-576, 16 A.2d 41, 42-43 (1940). One who asserts a claim against another has a duty to use all reasonable diligence to inform himself of the facts and to institute the suit within the prescribed period. Schaffer v. Larzelere, 410 Pa. 402, 405, 189 A.2d 267, 269
[ 313 Pa. Super. Page 271]
(1963); Platts v. Government Employees Insurance Co., 301 Pa. Super. 379, 381, 447 A.2d 1017, 1018 (1982); Med-Mar, Inc. v. Dilworth, supra 214 Pa. Super. at 406, 257 A.2d at 912. Mere mistake, misunderstanding or lack of knowledge is not sufficient to toll the running of the limitations period. Walters v. Ditzler, 424 Pa. 445, 449, 227 A.2d 833, 835 (1967); Nesbitt v. Erie Coach Company, 416 Pa. 89, 93, 204 A.2d 473, 475 (1964); McNair v. Weikers, 300 Pa. Super. 379, 387, 446 A.2d 905, 909 (1982); Henry v. Control Products Company, 284 Pa. Super. 417, 420, 426 A.2d 116, 118 (1981), appeal dismissed, 496 Pa. 229, 436 A.2d 982 (1981); Acker v. Palena, 260 Pa. Super. 214, 221, 393 A.2d 1230, 1233 (1978); Courts v. Campbell, 245 Pa. Super. 326, 330, 369 A.2d 425, 427 (1976). The only exception to this general rule is where the existence of an injury is not known to the complaining party and such knowledge cannot reasonably be ascertained within the prescribed statutory period. In such cases, the prescribed statutory period does not begin to run until discovery of the injury is reasonably possible. William B. Tenny, Builder & Developer v. Dauphin Deposit Bank & Trust Co., 302 Pa. Super. 342, 345, 448 A.2d 1073, 1076 (1982); Taylor v. Tukanowicz, 290 Pa. Super. 581, 585, 435 A.2d 181, 183 (1981); Wallace v. Horvath, 283 Pa. Super. 179, 183, 423 A.2d 1047, 1049 (1980); Acker v. Palena, supra 260 Pa. Super. at 219, 393 A.2d at 1232.
To come within this exception, it was essential that appellant have made reasonable efforts to protect his interests and explain why he was unable to discover promptly the operative facts necessary to plead his cause of action. Bickell v. Stein, 291 Pa. Super. 145, 150, 435 A.2d 610, 612 (1981). No such averments have been made. Imprisonment alone is insufficient to extend the prescribed limitation. 42 Pa.C.S. § 5533. The fact that appellant filed a P.C.H.A. petition in the criminal action alleging ineffective assistance of counsel was entirely inadequate to toll the running of the statute on the civil action.
Appellant contends that he was deceived by his attorneys because they did not disclose to him that they had made
[ 313 Pa. Super. Page 272]
mistakes at trial and on appeal which subjected them to a civil action for damages.*fn3 However, he has not alleged that he was unaware of counsel's acts of misfeasance or the injury caused thereby. On the contrary, he was present during the trial and also when the verdict was returned and, subsequently, when sentence was imposed. The errors of counsel, if any, were not committed in secret. Not only were they committed in public, but they were perpetuated in a record continuously available for examination. Appellant simply failed to act promptly to preserve his rights. He will not be excused from the consequences of his delay because, as he contends, his public defenders didn't tell him that they had been negligent. Rather, it is patently clear that appellant failed to "use all reasonable diligence necessary to inform himself of facts and circumstances . . . and to institute the suit within the statutory period." Platts v. Government Employees Insurance Co., supra. Therefore, "trial would be a fruitless exercise." Blumer v. Dorfman, 447 Pa. 131, 137, 289 A.2d 463, 467 (1972); Coyne v. Porter-Hayden Company, 286 Pa. Super. 1, 6, 428 A.2d 208, 210 (1981).
The order entering judgment on the pleadings is affirmed.
BROSKY, Judge, concurring:
I concur in the result reached by the majority. I write separately to comment upon the question of what statute of limitations should apply to appellant's suit against his former court appointed counsel.
The majority concludes that the suit alleges injuries to the person and that a two-year statute of limitations governs the case. I agree.
Appellant filed an answer in response to new matter that had been raised by his former counsel. In his new matter,
[ 313 Pa. Super. Page 273]
Mr. Moore's former attorney indicated some uncertainty as to what was the nature of the complaint. Appellant wrote, "Plaintiff filed a writ of summons which indicated that the action, although inclusive of multiple causes of action, should lie in trespass to the person and personal rights." Although appellant has represented himself throughout these proceedings and might not be held strictly to our rules, or expected to employ legal terminology correctly, his answer indicates clearly that he intended his action as one for personal injury.
The record provides sufficient basis for our decision, and I would limit our comments to the facts of that record. That is, I would refrain from commenting, as does the majority, that suits against public defenders should not be construed as breach of contract cases. While I agree that this case should not be treated as a contract case, I have not had occasion to consider whether some other malpractice suit against a public defender might allege breach of contract. The issue was not argued or briefed in this case, and I believe that we should refrain from general comment.
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|Tips: Large Chuck Jaws for Reverse Turning
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Large Chuck Jaws for Reverse Turning
I made large wooden jaws for my chuck to reverse turn bowls. Glue up three layers of MDF that are slightly larger than the size of the jaws needed. Cut the stack into four squares. Cut a small miter off of the inside corners to match the inner circle of the metal chuck jaws. Then, attach the jaws to the wood and mount them on the lathe. Put a 1" (25mm) dowel in the center and clamp it in place. There should be a gap between all the jaws. This will give plenty of adjustment to the jaws when finished.
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Submit News
Engineered Bacteria Could Make High-Octane Biofuels, Replace Gasoline
Tiffany Kaiser
June 26, 2013 1:43 PM
Recipient E-mail
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(Source: ksj.mit.edu)
E. coli was used to make fatty acids of the correct length
A biofuel that acts similar to gasoline minus the carbon dioxide seems like an ideal solution to staying green, keeping current vehicles relevant and the dwindling oil supply -- and researchers may have found the first steps toward that direction.
Harvard University researchers -- led by Pamela Silver, Ph.D., a Wyss Institute Core Faculty member and Professor of Systems Biology at Harvard Medical School -- have
engineered bacteria
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The problem with gasoline is that its oil supply is running low, and gives off large amounts of carbon dioxide. But gasoline isn't all bad -- it can produce a lot of energy when burned in an internal combustion engine, and it stays in a liquid form no matter the temperature.
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This study was published in
Proceedings of the National Academy of Sciences
"And boy have we patented it!" -- Steve Jobs, Macworld 2007
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Herschel Supply Co. Heritage Backpack Caramel Rubber Herschel Supply Co on Sale UK Stockist Sale stock
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Rutland Water, Northumberland - A reservoir
HideShow resource information
- Created by: JCSL
- Created on: 17-04-16 12:26
When was the damn built?
Built in 1970's
1 of 10
How big is the reservoir?
2 of 10
Which 2 rivers fill the reservoir?
Welland / Nene
3 of 10
Give 2 economic advantages
Jobs created / Boosts local economy, popular tourist attraction
4 of 10
How much farmland was flooded to create the reservoir?
6km2 of farmland flooded, making some farmers lose their livelihoods
5 of 10
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6 of 10
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Osprey / Waterfowl
7 of 10
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Large area of land flooded destroying habitats
8 of 10
Give 3 social advantages
Creates an attraction for recreational actives / Employs local people to built, maintain and run it / School educational visits
9 of 10
What social disadvantage is there?
Two villages were demolished to make way for the reservoir
10 of 10
Other cards in this set
Card 2
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Card 3
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Warning: CHOKING HAZARD: Small Parts. Not for children under 3 yrs.
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text: I have downloaded jellycar and ttr2 which are both free from the appstore. However, after a while, they do not launch. Both games show that they are loading but it crashes back to springboard before it is successfully loaded. Anyone know what to do? I have tried the following: Changing permission via SSH Re-installing them numerous times over and over. (note that these two are the only free appstore games I have so I can't say if this happens to all free games or just these two) Any helps greatly appreciated.


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About Valérydesignwrks
Bonjour et bienvenue to Valérydesignwrks. I sell original art prints of my illustrations, line drawings, and illustrative products of all kinds. Please let me know if you have any questions before purchasing. I do commissions and special prints as well, so let me know if there is something you'd like that you don't see in my shop.