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text:
How many miles? 215 Miles / 346 Km
How many times? 3 hours 16 mins
Distance from Florence, KY to Henderson, KY is 215Miles or 346 Km. You can get this distance about 3 hours 16 mins. If you want to planning travel with plane for 180 Miles or 290 Km, You can get this distance about 53 mins .
A car with an average MPG will needs 9.95 gallons of gas to get the route between these points.
The estimated cost of gas to get between Florence, KY and Henderson, KY is $22.59.
During the route, an average car will release 194.94 pounds of CO2 to the atmosphere. Your carbon footprint is 0.91 pounds of CO2 per mile.
* Average US MPG used for calculations is 21.6 MPG.
* Average US gas price used for calculation is 2.27 per gallon.
* Coordinates of Florence, KY is 38.9989507, -84.6266077 and coordinates of Henderson, KY is 37.8359199, -87.590247
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text:
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■ wear Guide
Wedding (relatives, friends, guest of honor), receptions (wedding, restaurant etc), betrothal, face if, entrance ceremony, 綬勲 expression, Medal ceremonies, party ( formal ), tea party, dinner, theatre, concerts, etc. ( attire please help please help. )
Human national treasure Ueno homes two generations superior cortex for 2 (Ueno true)
Color tomesode (rubber no object processes) "castle town"
■ product number
■ price description
General market selling price 987,000 yen
⇒ dye source direct prices 283,500 yen
Introduction in the ornament with.
Houmongi tailoring and unplug Crest one-is your tailoring.
■ quality display
Product origin: Kyoto
Producer: 2 generations superior cortex for 2 (Ueno true)
Usage area: Tango Chirimen (co 八掛 w) silk 100%
■ detailed view
Your color: Wisteria rat
Your pattern: Castle
■ Zoom
Kimono: 180 cm (height 175 cm can be tailored)
Fabric width: about 38.5 cm (can be tailored to sleeve length 72 cm)
■ product description
Kyo Kyo Yuzen dyeing and Kaga Yuzen combines each attraction will introduce the work of two first inherited techniques mastered the techniques of the Ueno Kaga who made human national treasure one generation eye Ueno for Mr. Ueno to 2 (Ueno true)! Name of second generation Ueno for two based on the disgrace of the Ueno, Ueno for the second centenary after we succeed officially.
Beginning of a stain on NOE begins than Mr. Ueno Qing Jiang.
0/1871 ~ 18 Years of the Showa era.
That laid the Foundation of Yuzen dyeing workshop in the Ueno Ueno Qing Jiang said. And bases of delicate Yuzen art current Ueno Ueno Qing Jiang's elegant men and familiar paintings and haiku, pottery, such as refined artistic sense is both in Kyoto Yuzen dyeing and Kaga Yuzen give big impact now.
Father Ueno Qing Jiang's leadership under Ueno for the two said further developing of legitimate thorough classical architectural designs, dyeing research establishes a new format. 0/1955 Served in the establishment, textiles for the first time specified national treasure.
0/1931 From 0/1977.
Under father human national treasure Ueno Qing Jiang's guidance, Ueno t. said to leave to posterity on NOE techniques and its current Ueno factory was established.
Inherited technique of bottom Ueno Ueno t. guidance of his father. Two superior field for we are instrumental to leave posterity technique 2 (Ueno true) said.
We will introduce works is 2 generations superior field for uncompromising (Ueno true) Mr. color tomesode is created it is. Carefully in the Tango factory woven with little raised textured fabric. Is a hobby and was produced by a miniature Castle HDLC unity firmly while producing realistic dyed mauve white fabric is woven with thick rubber no object process piece. Is today Ueno Foundation placed Japanese-style painting, expressive. Rear view of your grace and unwavering strength directing us to do or know. So do not miss to greet world of Ueno.
■ delivery description
Also sells in the store, so may he get lost inventory. You might get the minimum 60-day period in the production. (No other processing period) tailoring with merchandise, plus minimum 30 days take. As you can contact by phone is very please if you are in a hurry, please.
■ secure set support
Is the kimono depending on this product to your taste and budget, Fukuro, nagajuban, sandals, bags, 帯締, 帯揚 on the set (extra charge) introduce our services. Please contact us by phone please feel free.
■ After-sales support
After your purchase is safe. Cleaning, adjustment, etc. (extra charge) of furnished with full support.
This product cannot be shipped to United States from the store.
Please contact the store for further information.


text:
|By PR Newswire
Article Rating:
|November 8, 2012 01:00 PM EST
SAN FRANCISCO, Nov. 8, 2012 /PRNewswire/ -- Firespotter Labs today announced the launch of UberConference Business, the corporate version of its award-winning teleconferencing service. UberConference Business gives a company the power to register and manage multiple individual conference calling numbers through a single platform with an administrative account and convenient, centralized billing.
(Photo: http://photos.prnewswire.com/prnh/20121108/SF08885)
"With companies spending over $3B annually in the U.S. on audio conferencing, users deserve a better experience than what they've put up with for the past 30 years," said Craig Walker, CEO and co-founder of Firespotter Labs. "UberConference Business offers entire organizations an experience far superior to any other conference calling service available today."
Businesses can also get UberConference from the Google Apps Marketplace thereby allowing everyone in a company's domain access to an UberConference account directly from the Google Apps menu bar under the "More" drop down list.
"UberConference is the first truly innovative conference calling solution I have used," said Tom Cochran, Chief Technology Officer, Atlantic Media Company. "The experience is significantly better than traditional conference calling services and I'm looking forward to deploying it across our entire organization."
UberConference Business includes a broad array of features:
- Increased Conference Size. Have up to 40 people on a single conference call.
- Outbound Dialing to Join. Check the outbound calling box when you schedule your conference call and UberConference Business will automatically dial you and the other participants when it's time for your call.
- Call Recording. Record any or all of your UberConferences. MP3s are available for each recording and saved as part of the call summary.
- Start Without Me. Set up a conference call without having to be on it.
- Removal of Branding. Remove the "this free conference call is provided by..." messaging at the start of every call.
- Dedicated Support. Chat or email with us if you have questions.
UberConference Business incorporates the full set of features from UberConference Pro and UberConference Free, including its visual interface; Social Caller ID and LinkedIn, Facebook, Google+ and Twitter information; Evernote integration; and the innovative "earmuffs" feature so that subsets of call participants can have sidebar conversations.
About Firespotter Labs
Launched in 2011, Firespotter Labs is a start-up founded by serial entrepreneur Craig Walker, focusing on making complex telephony products easy to use. With over 15 years experience as an entrepreneur in the emerging telephony space, Walker was CEO of Dialpad Communications, (acquired by Yahoo!, now Yahoo! Voice), and later co-founder and CEO of GrandCentral Communications (acquired by Google, now Google Voice). Products in the Firespotter family include UberConference, Nosh, NoshList, and Jotly. Firespotter Labs is funded by Andreessen Horowitz and Google Ventures. To learn more about Firespotter please visit www.firespotter.com.
SOURCE Firespotter Labs
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As data explodes in quantity, importance and from new sources, the need for managing and protecting data residing across physical, virtual, and cloud environments grow with it. Managing data includes protecting it, indexing and classifying it for true, long-term management, compliance and E-Discovery. Commvault can ensure this with a single pane of glass solution – whether in a private cloud, a Service Provider delivered public cloud or a hybrid cloud environment – across the heterogeneous enter...
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United States District Court, E.D. New York
March 27, 2014
CHRISTOPHER BAUNACH, Plaintiff,v.LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendant.
DORA L. IRIZARRY, District Judge.
Plaintiff Christopher Baunach ("Plaintiff" or "Baunach") brings this action against Liberty Mutual Fire Insurance Company ("Liberty Mutual" or "Defendant"), claiming that Defendant violated New York Criminal Procedure Law § 160.50. Liberty Mutual moves to dismiss all of the claims asserted against it pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff opposes. For the reasons set forth below, Defendant's motion is granted in its entirety.
The following facts are taken from the complaint and are assumed true for the purposes of this motion. Defendant Liberty Mutual issued an automobile liability insurance policy (the "Policy"), under which Plaintiff was an insured party. (Compl. ¶¶ 3, 6, Docket Entry No. 1.) The Policy included an "uninsured motorist coverage endorsement, " which provided that Liberty Mutual would pay benefits to insured parties for damages sustained during an accident with an uninsured motor vehicle. ( Id. ¶ 5.) On November 6, 2011, Plaintiff was injured as a result of an accident caused by the owner of an uninsured vehicle. ( Id. ¶ 7.) Plaintiff presented a claim for benefits under the Policy ( id. ¶ 9), but Liberty Mutual denied the claim. ( Id. ¶ 10.) On January 9, 2013, Plaintiff's insurance claim was referred to arbitration for resolution. ( Id. ¶ 11.)
On April 25, 2013, Plaintiff filed suit in New York State Supreme Court, Queens County. On May 24, 2013, the case was removed to this Court. The complaint alleges that: 1) in connection with the arbitration of Plaintiff's insurance claim, Liberty Mutual "conspired to unlawfully obtain [and obtained] certain records relating to the [P]laintiff which had been sealed pursuant to Criminal Procedure Law 160.50" (the "Records") ( id. ¶¶ 12-13); 2) Liberty Mutual unlawfully "disclose[d] to others, including the... arbitrator, the aforesaid records" ( id. ¶ 14); and 3) by "conspiring to obtain, obtaining and disclosing" the Records, Liberty Mutual "violated the covenant of good faith and fair dealing imposed... by virtue of the [Policy]." ( Id. ¶¶ 18-19.) Plaintiff seeks compensatory and punitive damages. ( Id. )
Liberty Mutual moves to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, claiming that New York Criminal Procedure Law § 160.50 does not create a cause of action against private entities. (Def.'s Mem., Docket Entry No. 5.) Plaintiff opposes. (Pl.'s Mem., Docket Entry No. 8.) For the reasons stated below, Defendant's motion to dismiss is granted in its entirety.
I. Legal Standard
Under Rule 8(a) of the Federal Rules of Civil Procedure, pleadings must contain a "short and plain statement of the claim showing that the pleader is entitled to relief." Pleadings are to give the defendant "fair notice of what the claim is and the grounds upon which it rests." Dura Pharms., Inc. v. Broudo, 544 U.S. 336, 346 (2005) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957), overruled in part on other grounds by Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007)). "The pleading standard Rule 8 announces does not require detailed factual allegations, ' but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at 555). "A pleading that offers labels and conclusions' or a formulaic recitation of the elements of a cause of action will not do.'" Id. (quoting Twombly, 550 U.S. at 555).
Under Rule 12(b)(6) of the Federal Rules of Civil Procedure, a defendant may move, in lieu of an answer, for dismissal of a complaint for "failure to state a claim upon which relief can be granted." To resolve such a motion, courts "must accept as true all [factual] allegations contained in a complaint, " but need not accept "legal conclusions." Iqbal, 556 U.S. at 678. For this reason, "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice" to insulate a claim against dismissal. Id. "[A] complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'" Id. (quoting Twombly, 550 U.S. at 570). Notably, courts may only consider the complaint itself, documents that are attached to or referenced in the complaint, documents that the plaintiff relied on in bringing suit and that are either in the plaintiff's possession or that the plaintiff knew of when bringing suit, and matters of which judicial notice may be taken. See, Roth v. Jennings, 489 F.3d 499, 509 (2d Cir. 2007).
II. Analysis
Defendant Liberty Mutual argues that the complaint should be dismissed in its entirety, because "a private claim for relief based on a violation of New York Criminal Procedural Law § 160.50 ("Section 160.50" or the "Statute") may only be maintained against governmental entities..." (Def.'s Mem. at 4.) Plaintiff counters that the purpose of Section 160.50 "would be completely undermined if private entities were allowed to obtain and disclose sealed records without consequence." (Pl.'s Mem. at 3.) The New York State Court of Appeals has not addressed the question at issue here - whether Section 160.50 creates a civil remedy against a private entity that obtains and discloses sealed criminal records. Where district courts are faced with a novel state law issue, they must "try to predict how a state court would rule." State Farm Mut. Auto. Ins. Co. v. Schepp, 616 F.Supp.2d 340, 346 (E.D.N.Y. 2008) (quoting Salve Regina College v. Russell, 499 U.S. 225, 241 (1991)).
Section 160.50 provides for the sealing of an individual's criminal records upon the termination of a criminal action in the individual's favor. The relevant provisions of Section 160.50 read as follows:
Upon the termination of a criminal action or proceeding against a person in favor of such person... the record of such action or proceeding shall be sealed and the clerk of the court wherein such criminal action or proceeding was terminated shall immediately notify the commissioner of the division of criminal justice services and the heads of all appropriate police departments and other law enforcement agencies that the action has been terminated in favor of the accused, and unless the court has directed otherwise, that the record of such action or proceeding shall be sealed. Upon receipt of notification of such termination and sealing:
(c) all official records and papers, including judgments and orders of a court but not including published court decisions or opinions or records and briefs on appeal, relating to the arrest or prosecution, including all duplicates and copies thereof, on file with the division of criminal justice services, any court, police agency, or prosecutor's office shall be sealed and not made available to any person or public or private agency;
N.Y. Crim. Proc. Law § 160.50 (McKinney).
Since the text of the Statute does not expressly provide a civil remedy, Plaintiff may seek recovery of civil damages only if a private right of action may be implied. See Sheehy v. Big Flats Cmty. Day, Inc., 73 N.Y.2d 629, 633 (1989). When determining whether a statute creates an implied private right of action, courts consider: "(1) whether the plaintiff is one of the class for whose particular benefit the statute was enacted, (2) whether recognition of a private right of action would promote the legislative purpose, and (3) whether creation of such a right would be consistent with the legislative scheme." Lino v. City of New York, 101 A.D.3d 552, 556 (1st Dep't 2012) (quoting Sheehy v. Big Flats Cmty. Day, Inc., 73 N.Y.2d at 633).
Section 160.50 was enacted "to remove any stigma' flowing from an accusation of criminal conduct terminated in favor of the accused, thereby affording protection... to such accused in the pursuit of employment, education, professional licensing and insurance opportunities." People v. Patterson, 78 N.Y.2d 711, 716 (1991). The protections of Section 160.50 are meant to be "consistent with the presumption of innocence, which simply means that no individual should suffer adverse consequences merely on the basis of an accusation, unless the charges were ultimately sustained in a court of law." Matter of Joseph M. (New York City Bd. of Educ.), 82 N.Y.2d 128, 131 (1993).
Implicit in Plaintiff's complaint is the claim that he was subject to a criminal prosecution that was terminated in his favor. ( See Compl. ¶¶ 12-15.) Therefore, taking Plaintiff's allegations as true, he apparently is part of the class for whose particular benefit Section 160.50 was enacted. Similarly, recognition of a right of action against private entities that obtain and disclose sealed records would promote the legislative purpose of "protecting people from the stigma flowing from public access to records of unsupported criminal charges." Lino v. City of New York, 101 A.D.3d 552, 557. Thus, the first two factors miliate in favor of finding an implied right of action against private entities in Section 160.50.
However, the Court finds that recognition of an implied right of action against private entities would be inconsistent with the legislative scheme of Section 160.50. Section 160.50 mandates that records of criminal actions terminated in favor of an individual "shall be sealed" and that the clerk of the court where the action was terminated "shall immediately notify" the appropriate government agencies. N.Y. Crim. Proc. Law § 160.50. Accordingly, Section 160.50 has been interpreted to create a private right of action against government entities that fail to seal criminal records in accordance with the Statute. See Lino v. City of New York, 101 A.D.3d 552, 556.
In contrast, there is no similar mandatory language in Section 160.50 pertaining to private entities. See Romero v. State, 33 Misc.3d 599, 602 (Ct. Cl. 2011) (finding that "every actor subject to [Section 160.50's] charge is a governmental entity dealing with their official records"). Nor has Plaintiff cited any cases enforcing Section 160.50 against a private entity. Thus, it would be inconsistent with the intent of the legislature, as expressed by the plain language of the Statute, to impose an obligation to refrain from obtaining or disclosing sealed records on private entities. The Court declines to expose the Defendant to liability without clear evidence of the legislature's willingness to do so. See Goddard v. Martino, 40 Misc.3d 1050, 1055 (Sup.Ct. 2013) (finding that "this third factor will not be satisfied unless there is clear evidence of the Legislature's willingness to expose the governmental entity to liability that it might not otherwise incur'"). Accordingly, the Court finds that a right of action against private entities may not fairly be implied in Section 160.50. See People ex rel. Spitzer v. Grasso, 42 A.D.3d 126, 137 (1st Dep't 2007) (finding that the third factor is considered the "most critical"), aff'd, 11 N.Y.3d 64 (2008); Goddard v. Martino, 40 Misc.3d 1050, 1055 (Sup.Ct. 2013) (finding that the third factor "is generally recognized as the most important factor").
In sum, Section 160.50 does not make an express provision for civil damages against private entities, and a private right of action against such entities cannot be fairly implied. Therefore, Plaintiff's claim that Defendant unlawfully obtained and disclosed sealed records in violation of Section 160.50 must be dismissed for failure to state a claim upon which relief can be granted. Plaintiff's remaining claims - for conspiracy and breach of the covenant of good faith and fair dealing - must also be dismissed, because they are both based on Defendant's alleged violation of Section 160.50. (Pl.'s Mem. at 3, 5.) Accordingly, Defendant's motion to dismiss the Complaint is granted in its entirety.
For the reasons stated above, Liberty Mutual's motion to dismiss is granted in its entirety.
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Cedar Creek 34RL
You will find room for everything in the triple slide Cedar Creek 34RL fifth wheel from Forest River RV.
This floorplan features rear living with two lounge chairs with an end table between them and overhead cabinets. The living/kitchen area is spacious thanks to slides opposite each other. A sofa and free standing table and chairs occupy one slide. Across the RV, a fireplace, entertainment center, refrigerator, and three burner range with microwave above fill the slide. A kitchen island with large double sink, and closet round out this beautiful space. An optional dishwasher is available in the kitchen island.
Step up to a side aisle bathroom with toilet, vanity with sink, medicine cabinet, and residential shower with a seat.
Enjoy a luxurious and spacious private bedroom with a slide out queen bed with shelves on either side. You may choose to add an optional king bed. Plenty of storage options are included with a linen cabinet with hamper, a vanity at the foot of the bed and a full width wardrobe closet with drawers at one end and shelves at the other. There is even washer/dryer prep inside the wardrobe, and more!Have a question about this floorplan?Contact Us
Sleeps 4 Slides 3 Length 36 ft 8 in Ext Width 8 ft Ext Height 13 ft Interior Color Autumn, Harvest, Paradise, Dom Exterior Color 5 Choices Hitch Weight 2173 lbs Gross Weight 16173 lbs Dry Weight 11440 lbs Cargo Weight 4674 lbs Fresh Water Capacity 69 gals Grey Water Capacity 80 gals Black Water Capacity 40 gals Tire Size ST/235/85R/16"G"
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Alabama State Troopers
Highway 31 Evergreen, Alabama 36401(251) 578-1315
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AboutAlabama State Troopers is located at the address Highway 31 in Evergreen, Alabama 36401. They can be contacted via phone at (251) 578-1315 for pricing, hours and directions.
Alabama State Troopers has an annual sales volume of 5M – 9,999,999. .For more information contact Terry Tate, Manager
For maps and directions to Alabama State Troopers view the map to the right. For reviews of Alabama State Troopers see below.
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Somebody delete this please :)
Groovy works great.
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The GD51 is a classy dreadnought-style guitar that features deluxe cosmetic appointments, solid-top construction and a warm, resonant sound that will bring out the best in your music. Combining a solid spruce top with rosewood back and sides, the GD51 pumps out all the big, bold tone players expect from a dreadnought. The slim mahogany neck and 12"-radius bound rosewood fingerboard provide great feel and playability, while the split-saddle design of the rosewood bridge provides superior intonation for sweeter-sounding chords and single-note runs. Other great features include a synthetic bone nut and bridge saddle, rosewood headcap, abalone rosette and mother-of-pearl dot inlays, gold die-cast tuners and a beautiful gloss finish.
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Book Buzz
Antoine de Saint-Exupery's enduring classic, The Little Prince, explores topics of great importance such as art, friendship, space travel, responsibility, proud flowers, and what a boa constrictor looks like after it has eaten an elephant. This cherished fable is narrated by a pilot whose plane crashed in the Sahara. After meeting the little prince in the desert, miles and miles from any inhabited place, our narrator gradually learns about the little prince's travels and world view.
The little prince comes from Asteroid B-612, a very small planet where he dutifully cleaned out the miniature volcanoes and tended to his beloved flower. His flower had many demands, and her haughty manner made the little prince feel confused and manipulated. As a consequence, he decided to leave his home and go exploring.
Emily and Navin have just moved into their grandfather's abandoned house with their mother. Their grandfather has been missing for decades, so Emily doesn't think twice about picking up the necklace she finds in his library. What she has awakened though, is a gateway to a bizarre and magical world. Suddenly her mother is swallowed whole by a hideous tentacled creature and it's up to Emily and Navin to get her back. So begins the first book in the Amulet series, The Stonekeeper.
It turns out that the necklace is a powerful amulet that can control and protect any surrounding life force. Emily's grandfather's last wish was for her to take up the stone and help save this strange world, known as Alledia, from an evil elf king. Emily also receives several robots that her grandfather single-handedly constructed to help her with this mission. The first robot we meet is the pink rabbit, Miskit, who wields a stun gun while piloting a giant mechanical exoskeleton.
Greetings, brave adventurers! So you are looking for uncharted territory to claim and conquer, eh? You've already climbed the highest peaks and had lunch in the craters of the moon. So, where do you go next to do your exploring? Look no further than this hidden gem. This is a land of mystery and danger, a land of wonder and fright, a land with Tyrannosaurs, tentacled creatures, and scariest of all....toll booths. Behold, Delaware!
Jasper Dash and the Flame-Pits of Delaware is part of M.T. Anderson's Pals in Peril series, a highly absurdist take on children's detective and adventure series of decades past, the most obvious being Nancy Drew, Goosebumps, and Tom Swift. The title character of this particular book is the star of his own fictional series that has fallen into obscurity. Just looking at Jasper Dash, you can see that he's from another time. Aviator goggles perched atop a perfectly parted swath of blonde hair. And that's when he opens his mouth and 19th-century slang falls out: "Hello, chums...What-ho and tippy tippy dingle and all."
You met Griffin Bing and his friends in Swindle and followed their escapades in Zoobreak. Now Gordon Korman has brought the gang back in his latest installment—Framed. Griffin always seems to find trouble even when he is not looking for it. In this latest adventure, Cedarville Middle School has become the recipient of of a Super Bowl ring. It is put on display in the school's trophy cabinet. Suddenly, it goes missing. Griffin is held responsible for the heist. His friends decide to prove his innocence and set out to find the real thief.
On a blazing summer's day, there's nothing quite like the aroma of piping hot...garbage. It's gross, slimy, and we each make about four pounds of it per day. The one thing that everyone can agree on is that no one wants to deal with garbage, and that notion is exactly what Here Comes the Garbage Barge! is all about.
In 1987, over 3,000 tons of Long Island, New York's garbage was loaded onto a barge and pulled by the tugboat Break of Dawn. The plan was to unload the cargo in North Carolina, where poor farmers had been paid to bury the waste. But when the barge and its captain arrived, they met a police boat which refused to let them dock there under any circumstances. So began a wild goose chase up and down the coast to find a place to store the disgusting floating dump.
Does your town have an elusive creature called an abaguchie roaming around and causing trouble? The abaguchie is the local legend in the town of Buckman, West Virginia. Ever since the Malloy girls moved across the street from the Hatford boys it has been a constant war of practical jokes and attempts at humiliating the other. The Hatford boys Jake, Josh, Wally and Peter just cannot stand Eddie, Beth and Caroline Malloy and want them to go back to Ohio. They scheme and plot in order to make the Malloy girls hate Buckman. However, the Malloy girls do not take this lying down and vow to get even.
The newest Hatford scheme is actually a town legend and that is the abaguchie. No one in Buckman has actually gotten a good look at the abaguchie but things mysteriously disappear when a townsperson has claimed to have seen it. The Hatford's use the legend of the abaguchie to scare the Malloy girls and it is a running theme throughout the book.


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Lyrics Depot is your source of lyrics to California Stars by Wilco. Please check back for more Wilco lyrics.
California Stars Lyrics
Artist: Wilco
Album: Mermaid Avenue
I'd like to rest my heavy head tonight
On a bed of California stars
I'd like to lay my weary bones tonight
On a bed of California stars
I'd love to feel your hand touching mine
And tell me why I must keep working on
Yes, I'd give my life to lay my head tonight
On a bed of California stars
I'd like to dream my troubles all away
On a bed of California stars
Jump up from my starbed and make another day
Underneath my California stars
They hang like grapes on vines that shine
And warm the lovers glass like friendly wine
So, I'd give this world
just to dream a dream with you
On our bed of California stars
Wilco Lyrics
Wilco Mermaid Avenue Lyrics
More Wilco Music Lyrics:
Wilco - At My Window Sad And Lonely Lyrics
Wilco - Birds and Ships Lyrics
Wilco - Casino Queen Lyrics
Wilco - ELT Lyrics
Wilco - Hummingbird Lyrics
Wilco - It's Just That Simple Lyrics
Wilco - Shake It Off Lyrics
Wilco - What's The World Got In Store Lyrics


text:
Description of this paper
A particular neuron (A) is post-synaptic to two other neurons (B and C)
A particular neuron (A) is post-synaptic to two other neurons (B and C). One of the pre-synaptic neurons (B) formed a synapse on cell A?s axon initial segment. Neuron C formed a synapse on one of A?s dendrites. Both B and C produce EPSPs (excitatory postsynaptic potentials) of the same magnitude in neuron A but one of these two pre-synaptic cells affects action potential generation by neuron A much more than the other. Which neuron, B or C, has the greater effect on neuron A? Explain how this effect is generated in neuron A and why one neuron has a greater effect than the other.
Paper#18281 | Written in 18-Jul-2015Price : $37


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Interlaken Resort - Lakeville
- Sarapan Eropah percuma, WiFi percuma dan tempat letak kenderaan percuma
Kemudahan utama
- Kolam renang terbuka
- Perkhidmatan bilik
- Pusat kecergasan
- Business center
- Bilik arked/permainan
- Bilik-biilik mesyuarat
- Golf mini
Untuk keluarga
- Dapur
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- Ketuhar gelombang mikro
- Peti sejuk
- Seterika/papan seterika
- Pengering rambut
Menarik di sini
- Muzium Rumah Holley-Williams (2 bt / 3.2 km)
- Perpustakaan Memorial Scoville (3.8 bt / 6.1 km)
- Taman Lime Rock (4.1 bt / 6.5 km)
- TriArts Sharon Playhouse (6.1 bt / 9.8 km)
- Sharon Audubon Center (8.2 bt / 13.3 km)
Interlaken Resort - Lakeville
- Suite Larangan Merokok dengan Pendiang
- Standard Room, 1 Katil Raja
- Standard Room, 1 Katil Raja
- Standard Room, 1 Katil Raja
- Standard Satu Katil Raja dengan Balkoni
- Standard Room, 1 Katil Ratu
- Standard Dua Katil Ratu dengan Balkoni
- Townhome
- Standard Room, 2 Katil Ratu
- Satu Katil Raja Pemandangan Desa Larangan Merokok
- Standard Pemandangan Hutan Kayu Haiwan Kesayangan Dibenarkan
- Satu Katil Raja Pemandangan Matahari Terbenam Larangan Merokok
Lebih banyak pilihan hebat
Hotel Satu Bintang yang berdekatan di Lakeville
Hotel terkemuka di Lakeville
Hotel yang berdekatan
Hotel yang disarankan
Cetakan kecil Interlaken Resort - Lakeville
Hartanah ini mempunyai bilik bersambung/bersebelahan, yang tertakluk pada ketersediaan dan boleh diminta dengan menghubungi hartanah menggunakan nombor pada pengesahan tempahan.
Bilik mesra haiwan peliharaan boleh diminta dengan menghubungi hartanah di nombor yang terdapat pada pengesahan tempahan.
Tempahan diperlukan untuk perkhidmatan urut dan rawatan spa dan boleh dibuat dengan menghubungi hartanah sebelum ketibaan, di nombor yang terdapat pada pengesahan tempahan.
Kami telah menyertakan segala caj yang disediakan kepada kami oleh hotel ini. Walau bagaimanapun, caj boleh berbeza-beza, misalnya, berdasarkan tempoh penginapan ataupun jenis bilik yang anda tempah.
Ulasan terkini
Baik 3.5 /5 from 13 reviews
Was very impressed with the cleanliness, warm caring staff. Beds were very comfortable. Shower lovely. Only drawback is the heat in the room. It runs by a fan that pushes out the heat, off and on all night. Breakast was very nice too.
I have stayed here many, many times and generally really like it. My room was very nice, clean and well equipped. It would be nice to have more outlets for power. My only issue this visit was the A/C in the room would run for 2minutes and shut off. After an "engineer" came to the room it was pronounced dead and they kindly put us in another room that was great. The Dinner service was as good as ever although the portions are fashionably puny. Very imaginative dinner menu. Breakfast there is like at a Holiday Inn Express. No imagination, nothing original, plain ingredients. Too bad the dinner chef did'nt plan the breakfast menu. I will stay again but just not EAT there.
I stayed in the townhome section, so I can't speak for the hotel portion. The room was very clean, spacious and quite comfortable. The only issue I had was that there was a light on the back porch that I couldn't figure out how to turn off, but I slept well regardless. The restaurant was a pleasant surprise - all the food is prepared fresh with many local ingredients and unique pairings. In all, I had a great stay.
Inn was fine. Staff were friendly and helpful. Arrived late and wanted room service. Menu in room was just a sample, had to call to get current menu. It was delivered quickly. Menu offerings were interesting and gourmet but the pricing was not too bad. Ordered the pumpkin gnocchi. It was excellent and was delivered in 15 mins. Had refrigerator and microwave in room which is always a bonus. Child left behind an iPad and headphones and hotel staff went out of their way to track us down after we had checked out to let us know. Super kudos for that!
A bit pricey for an overnight but there isn't much around! The room lacked proper lighting in my opinion and the room temp was tricky to balance. The in-house restaurant has good food albeit pricey and watch because they add 25% gratuitiy. THere is no place nearby to eat. Feels like a place you'd go stay a week at in the summer and enjoy like a resort. However the bedding and pillows and towels were fantastic and the staff was kind and helpful.
Adakah penerangan mengenai hotel ini tidak betul? Beritahu kami


text:
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text:
Playing his usual game of 'catch me if you can,' Al Skywalker dominated every step of the $100,000 Carolina First Carolina Cup(gr. I) steeplechase stakes before a crowd of 72,000 at Springdale Race Course.Co-owned by English sportsman Michael Watt and trainer Jennifer Majette, the winner opened an immediate lead on co-favorite Tres Touche and was never seriously challenged while winning by 6 3/4 lengths under regular jockey Tom Foley. Tres Touche (David Bentley) was second with Turkish Corner (Robbie Walsh) third. The winner, who also won this race in 2001, covered the 2
3/8 miles in 4:23 4/5.Al Skywalker, a 10-year-old son of Skywalker, mixed bold jumping and a strong gallop to control the pace. The early lead was 15 lengths at the third of 14 fences, but had decreased to three lengths at the race's midway point. Down the backstretch, Al Skywalker accelerated and the race was essentially over."He's probably the most natural jumper I've ever seen," said Foley. "I just try not to fall off. He pulls me along and comes right up in my hands when he jumps. They were about two or three lengths off me turning down the backside, but he saw the first fence and said 'the show's on.' He just took off."The victory, worth $60,000, was the 11th of Al Skywalker's career and pushed the horse's lifetime steeplechase earnings to $387,456 (16th on the all-time list). He improved to 2-for-2 this year, and is unbeaten in his last three U.S. starts (Al Skywalker was pulled up in England's Victor Chandler Bula Hurdle in December). Bred in California by Evergreen Thoroughbreds, Al Skywalker raced unsuccessfully on the flat with trainer Jenine Sahadi and was sold for the price of a van ride from California to North Carolina. In his hurdle debut in 1997, the bay gelding ran for an $8,000 claiming price.The Carolina Cup was the first of nine grade I steeplechases on the 2003 calendar. The Carolina Cup is scheduled to be televised on the NTRA's Wire to Wire racing news program Tuesday at 1 p.m. EST on ESPN2.
Al Skywalker Beats Tres Touche in Carolina Cup
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If there is a season 3, I wonder if Linden will decide to come back after all, or who they will get to replace her?
If there is a season 3, I wonder if Linden will decide to come back after all, or who they will get to replace her?
They left a lot of storyline available for Linden. Plus, she was more the main character than Holder. I really hated her the whole first season, and most of the second. I think I only mildly warmed up to her by the end of the second season.
Jamie admits what happened to Richmond. Soon after the police show up. Jamie commits suicide by cop when he points his unloaded gun at Linden. Holder shoots and kills Jamie.
I know I said I would never watch again, but I may try the third and last season. If it starts getting annoying again, I can drop it. I'm considering it.
She never did marry him. He came back at Holder's request to spring her from the loony bin, but then he disappeared once she got out.
There are plenty of loose ends to deal with in season three...
It was me. I let the dogs out.
That said, if another head writer was employed, I'd gladly watch a Holder-centric 3rd season.
The thing about empathy is it doesn't have a price tag; However, it will certainly cost you other things. it will cost you time to sit with someone you disagree with. It will cause you to swallow your pride... and it will cost you the victory of always being right.


text:
Four Years Later, Faith Hedgepeth Murder Case 'Very Active'
Wednesday marks four years since the murder of Faith Hedgepeth in Chapel Hill. The body of the UNC...
Wednesday marks four years since the murder of Faith Hedgepeth in Chapel Hill. The body of the UNC...
The Durham Mayor, Interim Police Chief and Sheriff gathered on Thursday to discuss violent crime...Read More
A Cary man faces attempted murder charges in connection with several hit and run accidents. Eric...Read More
A Chatham County man has been charged with murder in connection with a child abuse case. The...Read More
Three years after the murder of Faith Hedgepeth, Chapel Hill Police say they are still actively seeking her killer.Read More
The 20-year-old UNC student charged in the fatal crash on I-85 on Sunday made his first court...Read More
The Carrboro Police Department arrested a man, on Tuesday, who is wanted in connection with a...Read More
DA Woodall says that if North Carolina is going to continue with the death penalty as an option, then it needs to be reformed.Read More
Orange County District Attorney Jim Woodall will not be seeking the death penalty in the case of a...Read More


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2025 BRICKELL AVE # 1802 Miami, Florida 33129
Iconic building Atlantis on Brickell designed by Arquitectonica. Unobstructed views of Biscayne Bay from every room of this bright, spacious, and newly remodeled 1304 sq. ft. apartment with a split floor plan, floor to ceiling windows through out, two master bedrooms each with their own bath, and huge balcony with direct water views. Only 96 units, three on this floor. Amenities include a pool area and a spectacular "Tiffany House" for entertaining,brand new tennis courts,sauna and gym with new equipment.
EWM is not responsible for the accuracy of the information listed above. The data relating to real estate for sale on this web site comes in part from the Internet Data Exchange Program and the South East Florida Regional MLS and is provided here for consumers personal, non-commercial use, It may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Real Estate listings held by brokerage firms other than the office owning this web site are marked with the IDX logo. Data provided is deemed reliable but not guaranteed.


text:
Holiday Party Tickets
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Democrats weigh in on Ballot measures, more candidates, new vice chairsSubmitted by Anonymous on Fri, 2010-09-17 15:08
The membership of the Whatcom Democrats decided on the party position on a number of state-wide and local ballot measures at its monthly membership meeting September 16. The party decided to support two local tax measures, the Bellingham School Districts temporary supplementary levy and the Bellingham Transportation Benefit District's .2% sales tax to support restoration of some WTA cuts among other transportatoin pubilc works projects. See a full list of ballot measure positions HERE.
Dems To Take Ballot Measure PositionsSubmitted by Anonymous on Tue, 2010-09-07 09:24
The following are measures on the November general election ballot. The Whatcom Democrats membership will consider taking a position, for or against, or no position, at our September 16 meeting. The meeting starts at 7 pm, at Norway Hall, 1419 N. Forest St, Bellingham. All Democrats are welcome, but only those those are paid up members of the Whatcom Democrats as of September 2 may vote on endorsements and other business. PRE-MEETING supper starts at 5:45 pm, and you can buy tickets HERE.
November, Here We ComeSubmitted by Anonymous on Tue, 2010-09-07 09:21
Its campaign season again and we have a real fight on our hands. The Glenn Beck fans and the corporate interests are frothing at the mouth at a chance to undo all the good things President Obama, Sen. Murray, and Rep. Larsen have achieved. On the local level, our own Rep. Kelli Linville, after being praised as the all-star legislator we know she is, needs our help to return to Olympia and do the good work that needs to be done. We need to send her back with back-up in the form of Al Jensen and Pat Jerns in the 42nd, and Kris Lytton and Jeff Morris in the 40th.
Murray, Larsen and Lowry Light Up Eleanor Roosevelt EventSubmitted by Anonymous on Tue, 2010-09-07 09:15
Sen. Patty Murray, Rep. Rick Larsen and former Gov. Mike Lowry spoke at our annual Eleanor Roosevelt fundraiser on August 31st. Patty Murray and Rick Larsen talked at length about the need to push back this November and not take anything for granted. Gov. Mike Lowry praised our "Honored Dems" this year, Jean Dodd and Barrie Hull and presented them with their awards.
Dodd and Hull Recognized as 2010 "Honored Democrats"Submitted by Anonymous on Tue, 2010-09-07 08:59
The Whatcom Democrats recognizes annually local volunteers who have demonstrated exemplary service to our Democratic community over the past years and decades.
Where is our outrage?Submitted by Anonymous on Tue, 2010-09-07 08:55
by Terry Bornemann, Bellingham City Councilman
When George Bush began his presidency he was blessed with a budget surplus. Eight years later he had turned that surplus into the biggest deficit in U.S. history. He got us into two major wars without any plan to finance them or and without an exit strategy for Iraq or Afghanistan. His deregulation policies and lack of federal oversight set the stage for the biggest financial collapse since the great depression. This was the stage set for President Obama when he came to office. He was left with an economy on the brink of collapse, two unfunded wars, and an unprecedented budget deficit.
Tip of the Hat to our Primary CandidatesSubmitted by Anonymous on Tue, 2010-09-07 08:53
The Whatcom Democrats extend their thanks to all of our certified Democratic candidates that didn't make it past the primary. Running for public office is a challenge, but it represents a deep commitment to public service, and regardless of electoral success, that is to be valued.
Lynden Fair Wrap-UpSubmitted by Anonymous on Tue, 2010-09-07 08:52
A hearty THANK YOU to the people who helped make this year's Lynden Fair booth a success. Major planning and executing was done by Alyce Werkema, Margaret Irvine, Peggy Borgens, Judy Mullenix, Steve Lydolph, Steve Schuck, Riley Seeney and Bryna Hoffmeister.
2010 Primary Election RecommendationsSubmitted by Anonymous on Thu, 2010-07-29 13:05
|US. Senate
|Patty Murray
|2nd Congressional District
|No Endorsement yet
Rick Larsen
Diana McGinness
Larry Kalb
|42nd Legislative District
|Pat Jerns
|42nd Legislative District
|House of Rep, Position 1
|No endorsement yet
Richard May
Al Jensen
|42nd Legislative District
|House of Rep, Position 2
|Kelli Linville
|40th Legislative District
|House of Rep, Position 1
|No endorsement yet
Tom Pasma
Thomas Boucher
Kris Lytton
|40th Legislative District
|House of Rep, Position 2
|Jeff Morris
|Whatcom County
|Council District 1, Position B
|Jean Melious
|Washington State
|Supreme Court, Position 1
|WA State Democrats endorsement
|Washington State
|Supreme Court, Position 6
|WA State Democrats endorsement
Primary Election Analysis & Trivia ContestSubmitted by Anonymous on Thu, 2010-07-29 12:44
Thursday, August 19, 7:00 – 9:00 pm
1419 N. Forest St, Bellingham (between Champion & Magnolia)
All Democrats Welcome
The August monthly membership meeting will be a more fun and casual meeting complete with a zippy trivia contest. To get your trivia tastebuds tingling, we offer up a teaser: "What is Washington State's official state muffin?"
The Answer: Blueberry ELECTION RESULTS


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Staying with the Buffalo Theme.. Buffalo Bills fan sets himself on fire by jumping onto burning board twice.
- Will Quest
I've always said when ever an implosion of this magnitude is planned that bleachers should be built for the muslim community and an imam can led the pious in screams of allahu-ackbar as the building destructs !
Soothing the savage soul and all ~!?!
- tom_billesley
They'd need to be really close for maximum benefit.
- Will Quest
- Brett_McS
Bit of a cowardly drone, what?
He was a bit far.
- marty_p
What? All of that valuable space that could have housed Syrian refugees demolished. On the other hand, now we can organize field trips to the site for home sick former Damascus residents.
- Waffle
Uh, oh . . . song trigger:


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physiography of Benin
...where many have become marshes because of silting, and wider in the east, and some are interconnected. In the west the Grand-Popo Lagoon extends into neighbouring Togo, while in the east the Porto-Novo Lagoon provides a natural waterway to the port of Lagos, Nigeria, although its use is discouraged by the political boundary. Only at Grand-Popo and at Cotonou do the lagoons have outlets...


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filed: October 21, 1988.
MARLENE KASKEY DECHTER, APPELLANT,v.STANLEY KASKEY
Appeal from the Order entered in the Court of Common Pleas of Montgomery county, Civil Division, No. D-1466-82
Harold Einhorn, Philadelphia, for appellant.
Llynne Z. Gold-Bikin, Norristown, for appellee.
Cirillo, President Judge, and Cavanaugh, Rowley, Wieand, McEwen, Olszewski, Beck, Tamilia and Popovich, JJ. Cavanaugh, Rowley and Wieand, JJ., concur in the result. Beck, J., concurs and dissents.
[ 379 Pa. Super. Page 46]
This is an appeal from the Order of the Montgomery County Domestic Relations Court, reducing the amount of support for minor children, fixed by a separation/property settlement agreement and a support Order at $235 per week, to $150 per week, plus $25 per week on account of arrearages. The Court en banc considered this case at the same time and in conjunction with Sonder v. Sonder (E5009/87) as the issues are the same (in part) and involve opposite interpretations by two judges of the Montgomery County Court of a court-approved Decree and Order Form.
[ 379 Pa. Super. Page 47]
The issue presented in this appeal is whether the court had jurisdiction and authority to modify a support agreement which was incorporated but not merged in a subsequent decree of divorce. Briefly, the facts in this case are as follows.
The parties were married on April 13, 1969 and, from this union, three children were born. As a result of marital discord, the parties separated in 1983 and, on September 5, 1985, they entered into a 24-page counseled property settlement/separation agreement which provided for support for the children in the amount of $200 per week, retroactive to November 1, 1984 (until each is emancipated), and $235 per week as of January 1, 1985. Paragraph 25 of the agreement provided the agreement would not be modified or annulled by the parties thereto except in the same manner and with the same formalities of the agreement. Shortly thereafter, a divorce decree and Order were entered on September 16, 1985, which provided:
[T]erms, provisions and conditions of a certain property agreement between the parties, dated September 5, 1985, (attached as exhibit "A") is hereby incorporated into this Decree and Order by reference as fully as though the same were set forth herein at length. Said agreement shall not merge with but shall survive this Decree and Order.
Subsequently, appellee fell in arrears on the payment of support and, after issuance of six bench warrants for failure to pay, on February 26, 1986, he filed a petition to modify "Order of July 1, 1985."*fn1 The petition was heard
[ 379 Pa. Super. Page 48]
before a Master in Support and was dismissed. On July 10, 1986, a hearing on exceptions to the master's finding and decision were heard before the Honorable Gerald Corso. Following a hearing during which extensive testimony was taken, an Order was entered on July 14, 1986, granting appellee's petition and reducing the child support Order of July 1, 1985 from $235 to $150 per week.
The Order of July 1, 1985, which was identical in amount and provisions as contained in the agreement of September 5, 1985, appears never to have been vacated and continues in effect. The agreement of September 5, 1985 makes no mention of that Order and makes no provisions for its suspension or supersedance by the agreement. The agreement was entered into after several negotiations relating to payment (or nonpayment) of the support Order. In Judge Corso's Opinion, he referred to both the separation agreement and the support Order of July 1, 1985 and purported to reduce both, at least by implication.
Dealing with each separately, we affirm the reduction of the support Order of July 1, 1985 and vacate the reduction of the amount of support under the support agreement. The original permanent Order of support was entered on June 28, 1983, and there was considerable activity on that Order to bring about enforcement until the time of the agreement.
The record and evidence sustain the court's finding that due to a change of circumstance, including liquidation of appellee's prior business and reduced income in his present business (Slip Op. p. 2), he is unable to pay the amount of support ordered on July 1, 1985. We find no abuse of discretion in the trial judge's action and, therefore, he must be affirmed. Shindel v. Leedom, 350 Pa. Super. 274, 504 A.2d 353 (1986); D'Arciprete v. D'Arciprete, 323 Pa. Super. 430, 470 A.2d 995 (1984) (lower court's determination not to be disturbed absent clear abuse of discretion).
As to the modification of the agreement which the court lumped together with the support Order, the court's
[ 379 Pa. Super. Page 49]
determination that the agreement was merged into the decree and, therefore, is modifiable, is in error. Since we have dealt exhaustively with this issue in Sonder v. Sonder, 378 Pa. Super. 474, 549 A.2d 155 (1988) (Opinion by Tamilia, J.), which concerns the "Decree and Order, Form 2" of the Montgomery County Court, our determination that the agreement does not merge, pursuant to that form of decree, is controlling here. It is interesting to note that Judge Salus of the Montgomery Court, in Sonder, found he had no jurisdiction to entertain a petition for modification because the agreement was not merged, whereas Judge Corso, in the same court interpreting the same decree and Order form, found it did merge and a petition for modification could be entertained.
Having decided the support Order could be modified but the agreement could not, we will consider briefly the effect of our holding.
Pursuant to Sonder, we held both agreements and support Orders under certain circumstances could be given independent effect. Obviously, double recovery cannot be allowed on both the agreement and the support Order. To the extent the agreement is not completely satisfied by giving credit for the amount paid pursuant to the support Order, a debt is accumulated which may be recovered in an action of assumpsit or in equity. However, as we stated in Sonder, the enforcement remedies are not those pursuant to the support laws, therefore, attachment of the person and wage attachment are not permissible. In this respect, by retaining the validity of the agreement, we do not offend Millstein v. Millstein, 311 Pa. Super. 495, 457 A.2d 1291 (1983) (an agreement for child support may not be reduced by the court, although an Order to increase support is permissible when circumstances warrant) and Brown v. Hall, 495 Pa. Super. 635, 435 A.2d 859 (1981) (unless an agreement is merged into the divorce decree, it may not be modified by the court). By holding the agreement specifically rules out merger, we distinguish it from Tokach v. Tokach, 326 Pa. Super. 359, 474 A.2d 41 (1984) and rule in
[ 379 Pa. Super. Page 50]
accordance with McGough v. McGough, 361 Pa. Super. 391, 522 A.2d 638 (1987), Trumpp v. Trumpp, 351 Pa. Super. 205, 505 A.2d 601 (1985) and Madnick v. Madnick, 339 Pa. Super. 130, 488 A.2d 344 (1985). Appellee is incorrect in alleging incorporation of an agreement requires enforcement as a support Order but does not permit modification. To do so would permit attachment of the person for a debt arising out of contract, which is impermissible. See Commonwealth ex rel. Magaziner v. Magaziner, 434 Pa. 1, 253 A.2d 263 (1969); Silvestri v. Slatowski, 423 Pa. 498, 224 A.2d 212 (1966); Colburn v. Colburn, 279 Pa. 249, 123 A. 775 (1924); Pierce's Appeal, 103 Pa. 27 (1883).*fn2
The portion of the trial court's Order modifying the support Order of July 1, 1985 is affirmed; that portion of the Order, modifying the agreement of September 5, 1985, is vacated.
Jurisdiction relinquished.
BECK, Judge, concurring and dissenting:
This is an appeal from an order of the Montgomery County Court of Common Pleas reducing husband appellee's child support obligation from $235 per week to $150 per week plus $25 per week in payment toward arrearages.
Although the record as transmitted to this court is in a state of disarray, the facts pertinent to the issue on appeal
[ 379 Pa. Super. Page 51]
can be ascertained and stated as follows. The parties were married in 1969 and separated in 1982. It would appear that wife first filed a complaint seeking child support in July 1982 and thereafter attempted to conduct discovery concerning husband's financial condition. The record contains a report of a domestic relations officer dated February 22, 1983 indicating that husband did not appear at a hearing before that officer and that the facts were as yet so undeveloped that the officer could not make a recommendation as to support. However, on May 3, 1983 the Montgomery County Court of Common Pleas, on recommendation of a master, entered a temporary child support order directing payment of $225 per week, "plus payment of mortgage on family dwelling" and $25 per week toward arrearages. The order states that it is to be retroactively effective to July 22, 1982.
On June 28, 1983, a new order providing for $250 per week in spousal support and $220 per week in child support was entered. Husband was also ordered to pay dental and medical expenses and to pay $30 per week toward arrearages.
Wife thereafter continued to attempt to conduct discovery concerning husband's financial situation. Numerous contempt proceedings initiated by wife followed, with several bench warrants being issued for husband's arrest for noncompliance with his support obligation.
On April 23, 1984, husband filed a petition to modify the June 28th order and a hearing on his petition was scheduled. Prior to the hearing, however, Judge Brown of the Montgomery County Court entered an order dated July 10, 1984 directing husband to pay $150 per week in child support and indicating that a full hearing on the matter was to be scheduled.
The hearing on husband's petition to modify was conducted on November 21, 1984. No evidence was taken. In lieu thereof, counsel for both parties informed presiding Judge Brown that the parties had come to a verbal agreement as to all issues, including their divorce, custody of their children,
[ 379 Pa. Super. Page 52]
equitable distribution of their property and child support. Counsel stated this agreement on the record at length. We are concerned only with the child support aspect of this agreement. As to this, the parties agreed that husband would pay $200 per week retroactive to November 1, 1984, would pay all arrearages then due under Judge Brown's July 10, 1984 order, and that effective January 1, 1985, husband would pay $235 per week. Counsel stated that the parties agreed that this obligation would be entered as a court order and that the parties would execute, as promptly as possible, a written agreement including these terms. At the end of the hearing, Judge Brown solicited from both husband and wife a statement that they understood and consented to the terms of this "agreement".
We find nothing in this record to indicate that any order reflecting the parties' oral agreement was ever entered. The agreement was merely stated on the record at the November 21, 1984 hearing.
Following this hearing, and presumably while the parties' counsel undertook to draft and secure execution of the parties' agreement in written form, wife continued in her efforts to secure husband's compliance with his support obligations. Once again, at least one bench warrant had to be issued in order to secure compliance. Finally, on September 5, 1985, the parties' final separation agreement was fully executed and effective. It contained the following language:
In the event either Husband or Wife at any time hereafter obtain a divorce in the cause presently pending or hereafter pending between them, this Agreement and all of its provisions shall be incorporated, but not merged, into any such judgment for divorce, either directly or by reference. The court on entry of the judgment for divorce shall retain the right to enforce the provisions and the terms of this Agreement. This Agreement shall not be modified or annulled by the parties hereto except by
[ 379 Pa. Super. Page 53]
written instrument, executed in the same manner and with the same formalities of this Agreement.
On September 16, 1985, the parties were divorced. The divorce decree provided that the parties' Agreement was incorporated but not merged into the decree.
Husband thereafter continued to fail to pay the required amounts of child support and wife continued to attempt to enforce husband's obligation. Numerous bench warrants were issued.
On February 25, 1986, husband filed a petition to modify an order of support allegedly dated July 1, 1985, alleging a change of circumstances. As indicated above, no such order exists. In fact, at the July 10, 1986 hearing on husband's petition to modify, counsel for husband, although stating that she "thought" such an order had been entered, admitted that she had no copy thereof. The court also did not have a copy and the record before us contains no such order.
Thus, at the time of husband's petition to modify, his child support obligation was reflected in three places -- first, in the parties' oral agreement set forth in the transcript of the November 21, 1984 hearing before Judge Brown; second, in the parties' written agreement dated September 5, 1985; and third, in the parties' divorce decree into which the parties' agreement was incorporated but not merged. There was no child support order entered by any court after a full hearing on the merits. The hearing that in fact was held was only that conducted on November 21, 1984, concerning the parties' agreement. Notably, husband has never challenged the validity or enforceability of that agreement.
The trial court granted husband's petition to modify, apparently on the basis of two mistaken assumptions, one factual and one legal. First, the court assumed that it was acting on a support order entered on July 1, 1985 after a full hearing. The order on appeal specifically directs that "the previous support order, dated the 1st day of July, 1985, . . . is hereby modified . . . ." Thus, the trial court erroneously
[ 379 Pa. Super. Page 54]
acted upon a non-existent order. Second, the trial court supported its action based upon an erroneous interpretation of the law relating to the modification of support obligations arising from private agreements incorporated but not merged into orders or decrees of court. The trial court held that it had the power to modify husband's obligation under our decision in Tokach v. Tokach, 326 Pa. Super. 359, 474 A.2d 41 (1984), where we held that an agreement that is incorporated into a divorce decree is deemed merged therein and the obligations expressed in the agreement become fully modifiable. This resolution ignores the clear intent of the parties to this dispute and is contrary to the principles enunciated in Brown v. Hall, 495 Pa. 635, 435 A.2d 859 (1981), Millstein v. Millstein, 311 Pa. Super. 495, 457 A.2d 1291 (1983), and McGough v. McGough, 361 Pa. Super. 391, 522 A.2d 638 (1987).
As I have opined at length in this case's companion, Sonder v. Sonder, the intent of the parties' is the central issue in determining whether a child support obligation expressed in the parties' child support agreement will survive the entry of a divorce decree that incorporates that agreement. Here, as in McGough, supra, the parties' intent is clear. Their agreement states that it shall be incorporated but not merged into the judgment in their divorce action. The divorce decree, from which no appeal is taken, states that the agreement, although incorporated, is not merged. In other words, the obligations the agreement imposes survive the entry of the decree and cannot be modified downward by the court.
Therefore, I would reverse the order of the trial court reducing husband's child support obligation and deny husband's petition to modify.*fn1
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Bouncing Forward! Introduction to Resilience 10 January 2017 - Blackpool
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Ford must copy Toyota, which copied Ford
Excellent commentary here from columnist Tom Walsh. He says, in part:
GM and Ford butchered the lean-production system in subsequent decades and lost their zeal for rooting out waste. When Toyota and Honda and other carmakers set up shop on American shores in the 1980s, Detroit responded with denial and excuses for its loss of market share to foreign-owned rivals. But even after conceding the merits of Toyota's system, the Detroit Three have found it difficult to duplicate.
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NYSE Euronext expects to lose share to coming platforms
Michael Geltzeiler, chief financial officer of NYSE Euronext, said the transatlantic exchange expects to lose market share as new trading venues launch in Europe although NYSE also sees opportunities as it readies an electronic communication network for the region.
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The All Blacks have suspended scrumhalf Aaron Smith for one match for misconduct, over an "incident" in a Christchurch airport toilet.
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One witness wrote to the New Zealand Herald about it, saying Smith came out of the toilet after a few minutes, straightening his uniform.
"About a minute later the young lady comes out of the same toilet cubicle looking equally suspicious. I myself did not have a problem with this ... my wife however is protesting that this is disgusting for a public figure to do this."
All Blacks coach Steve Hansen says the incident only came to the team's attention this week, and Smith is now heading home from South Africa to deal with personal issues arising as a result.
"Clearly Aaron is bitterly disappointed in his behaviour and feels he has let the team down but just as importantly he feels bitterly disappointed in letting his family and his partner down," Hansen said.
Southern Cross Austereo Triple M


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Old calcutta
" Despite important differences, Calcutta seemed as its intricate map of body and mind would be laid open to bear a rather near resemblance to Paris."-Jibananda Das #kolkata #City_of_Art #Joy
Each terra cotta cup will only be used once for chai in Calcutta, which is beneficial to the impoverished people who make them.
A Sea of Yellow in Calcutta
Victoria Memorial, Calcutta, India
Saikat Basu
Morning walk in calcutta
The Resting Rickshaw. Calcutta, West Bengal, India.
Those famous yelllow taxis


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|Meeker District
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