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December 10, 2004
THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,v.RONALD A. HILL, DEFENDANT-APPELLANT.
Appeal from Circuit Court of Macon County No. 03CF1221. Honorable Scott B. Diamond, Judge Presiding.
In October 2003, the State charged defendant, Ronald A. Hill, with (1) armed robbery (720 ILCS 5/18-2(a) (West 2002)); (2) possession of a stolen firearm (720 ILCS 5/16-16(a) (West 2002)), (3) reckless discharge of a firearm (720 ILCS 5/24-1.5 (West 2002)), (4) aggravated unlawful use of a weapon (720 ILCS 5/24-1.6(a)(3)(A) (West 2002)), (5) resisting a peace officer (720 ILCS 5/31-1 (West 2002)), and (6) battery (720 ILCS 5/12-3(a)(1) (West 2002)). These charges arose out of the State's allegation that around 4 a.m. on October 18, 2003, defendant forced his way into a Decatur bar, displayed a gun, demanded money, fired a shot into the ceiling, and took money from a bar patron.
During the State's case in chief at defendant's January 2004 jury trial, the prosecutor moved for a mistrial after he learned that some of the State's witnesses had committed perjury. The trial court discussed the motion with both counsel, granted it, and declared a mistrial.
In February 2004, defendant filed a motion to dismiss the charges against him, arguing that his reprosecution was barred by double jeopardy. Following a hearing later that month, the trial court denied defendant's motion.
Defendant appeals, arguing that the trial court erred by denying his motion to dismiss the charges against him on double-jeopardy grounds because (1) he did not consent to the mistrial and (2) no manifest necessity existed for a mistrial. Because we disagree with defendant's first argument, we affirm.
At defendant's January 2004 jury trial, three State witnesses testified regarding who was present at the bar when the armed robbery occurred. A fourth State witness, John Moran, then testified that in addition to the six individuals the previous witnesses had identified, a man named "Matt" was present.
Before testimony began the next morning, the prosecutor informed the trial court and defense counsel that the first time he had heard that Matt was present during the incident was during Moran's testimony the previous day. The prosecutor explained that after Moran testified, the prosecutor had a discussion with all of the State's witnesses regarding Matt's identity. The witnesses conceded that Matt was present at the time of the incident but had left the bar prior to the arrival of the police. During the discussion, one of the witnesses said to Moran, "I thought we were going to leave [Matt] out of this." That witness also conceded that although he had testified that he used his cellular phone to call police, he had in fact used a cellular phone provided by Matt. Matt's name did not appear in any of the police reports. Based on that discussion, the prosecutor believed that he was obligated to inform the court that some of the State's witnesses had committed perjury. He thus moved for a mistrial.
Defense counsel responded as follows:
"First, I commend [the prosecutor] for his ethics and calling this to the [c]court['s] and my attention and second, Your Honor, that may well be the only course that's available. We certainly can't let the jury rely on perjured testimony, but I'd like about [10] minutes to see if Westlaw gives me any guidance. I've been practicing since [19]75, and I've never had a situation occur where either I or the State, in fact, knew that we've had perjured testimony."
The trial court then inquired of counsel whether the first three State witnesses could be recalled to explain why they had lied and thus "save the trial." The prosecutor stated that he would need time to locate Matt and conduct additional investigation. The court then made the following statement:
"The question is going to be after you make your motion for mistrial, if I grant it, there's no question the defendant is going to file a [m]otion to [d]ismiss on the grounds that the [State] caused the mistrial. Now, I think maybe the cases say it depends if it was willful or not willful, but I'm thinking about what's coming down the line."
The prosecutor responded, in pertinent part, that he anticipated defendant's filing of a motion to dismiss based on the State's having caused the mistrial. The conversation then turned to the question of what to tell the jury, and the court granted the State's motion for a mistrial. The trial court's January 22, 2004, docket entry states, in pertinent part, as follows: "Motion by the [State] for a mistrial, no objection by the [d]efendant, motion allowed."
In February 2004, defendant filed a motion to dismiss the charges against him, alleging that double-jeopardy principles barred his reprosecution. Specifically, defendant argued that the trial court had erred by granting the State's motion for a mistrial because no manifest necessity existed.
At the February 2004 hearing on defendant's motion to dismiss, the trial court and counsel reviewed the transcript of the January 22, 2004, proceeding, in which the State moved for a mistrial. Defense counsel acknowledged that the record did not show an objection to the court's granting a mistrial, but he did not believe that his silence "was tantamount to no objection or an acquiescence to it," especially in light of his having requested an opportunity to research the issue. The State argued that under People v. Segoviano, 189 Ill. 2d 228, 725 N.E.2d 1275, (2000), defendant's failure to object to the mistrial constituted acquiescence such that his reprosecution would not be barred by double jeopardy. The trial court agreed with the State, found that double jeopardy did not bar reprosecution, and denied defendant's motion to dismiss the charges against him.
This appeal followed.
A. Standard of Review
Defendant first argues that we should review de novo both the trial court's denial of his motion to dismiss the charges against him and its underlying determination that defendant consented to the mistrial. The State responds that the court's determination should be reviewed under a deferential standard. We agree with the State.
Initially, we note that jeopardy had obviously attached in this case. See People v. Camden, 115 Ill. 2d 369, 376, 504 N.E.2d 96, 99 (1987) ("[s]ince the trial judge declared the mistrial after the jury had been selected and sworn, there is no question that jeopardy had attached"); 720 ILCS 5/3-4(a)(3) (West 2000) (reprosecution for the same crime is barred if the first trial "[w]as terminated improperly after the jury was impaneled and sworn"). However, reprosecution of a defendant following the declaration of a mistrial is constitutionally permissible if (1) the mistrial was attributable to the defendant by virtue of his motion or consent (Camden, 115 Ill. 2d at 376-77, 504 N.E.2d at 99) or (2) the mistrial was warranted by "manifest necessity" (People ex rel. Roberts v. Orenic, 88 Ill. 2d 502, 508, 431 N.E.2d 353, 356 (1981)).
In People v. Campos, 349 Ill. App. 3d 172, 175, 812 N.E.2d 16, 20 (2004), the Second District held that abuse of discretion was the proper standard for reviewing the trial court's denial of the defendant's motion to dismiss the charges against him on the ground that the State intentionally provoked a mistrial. In so holding, the Second District acknowledged that although "generally, *** review is de novo when a constitutional right is at stake" (Campos, 349 Ill. App. 3d at 174, 812 N.E.2d at 19), that is not always the case, and wrote as follows:
"[W]hen a defendant has filed a motion to dismiss on double[-]jeopardy grounds, arguing that the prosecutor goaded him into moving for a mistrial, reviewing courts have declined to reverse the trial court's ruling on the motion absent an abuse of discretion. This court has held that the proper standard of review in a case such as the one before us is 'whether the trial court abused its discretion in denying defendant's motion to dismiss based upon its finding that the State did not intend to provoke a mistrial.'" Campos, 349 Ill. App. 3d at 175, 812 N.E.2d at 19, quoting People v. Wilson, 309 Ill. App. 3d 235, 242, 722 N.E.2d 315, 321 (1999).
The Campos court further explained that when determining whether the prosecution provoked a mistrial, the key issue is the intent of the prosecutor, and the trial court is in the best position to assess the prosecutor's credibility. Campos, 349 Ill. App. 3d at 175, 812 N.E.2d at 19. Accordingly, the court held that a trial court's factual determination on that issue will not be overturned unless it is against the manifest weight of the evidence. Campos, 349 Ill. App. 3d at 175, 812 N.E.2d at 20.
The Campos court's analysis is sound and applicable to the case before us. Just as the trial court is in the best position to evaluate whether the prosecutor intentionally provoked a mistrial, that court is also best situated to evaluate the conduct of the attorneys before it and determine whether defense counsel consented to a mistrial. We thus will defer to the trial court's determination on that matter unless it is against the manifest weight of the evidence.
We further agree with the Campos court's holding that abuse of discretion is the appropriate standard for reviewing a trial court's ultimate ruling on a motion to dismiss charges on double-jeopardy grounds. We find further support for this holding in Segoviano, in which the Supreme Court of Illinois applied an abuse-of-discretion standard when reviewing a trial court's grant of a mistrial based on manifest necessity. Segoviano, 189 Ill. 2d at 241, 725 N.E.2d at 1281. In Segoviano, our supreme court recognized that declaring a mistrial based on a finding of manifest necessity is a "drastic" measure "'"[w]here for reasons deemed compelling by the trial judge, who is best situated intelligently to make such a decision, the ends of substantial justice cannot be attained without discontinuing the trial."'" (Emphasis added.) Segoviano, 189 Ill. 2d at 241, 725 N.E.2d at 1281, quoting People v. Chaffin, 49 Ill. 2d 356, 362, 274 N.E.2d 68, 71 (1971), quoting Gori v. United States, 367 U.S. 364, 368, 6 L.Ed. 2d 901, 904, 81 S.Ct. 1523, 1526 (1961). The Segoviano court further explained as follows:
"The trial court's evaluation of whether this threshold has been reached is reviewed only for abuse of discretion [citations], and must be afforded the 'highest degree of respect,' as the trial court 'is far more "conversant with the factors relevant to the determination" than any reviewing court can possibly be.'" Segoviano, 189 Ill. 2d at 241, 725 N.E.2d at 1281, quoting Arizona v. Washington, 434 U.S. 497, 511, 514, 54 L.Ed. 2d 717, 732, 733, 98 S.Ct. 824, 833, 834 (1978), quoting Wade v. Hunter, 336 U.S. 684, 689, 93 L.Ed. 974, 978, 69 S.Ct. 834, 837 (1949).
See also People v. Largent, 337 Ill. App. 3d 835, 839, 786 N.E.2d 1102, 1106 (2003) (applying the abuse-of-discretion standard of review to the trial court's decision that a mistrial was warranted by manifest necessity).
B. The Trial Court's Denial of Defendant's Motion To Dismiss
Defendant next argues that the trial court erred by denying his motion to dismiss the charges against him because he did not consent to a mistrial. We disagree.
As previously discussed, we will not reverse the trial court's finding that defendant consented to the mistrial unless it was against the manifest weight of the evidence, meaning that all reasonable and unbiased persons would agree that the evidence clearly points to the opposite finding (People v. Schmitt, 346 Ill. App. 3d 1148, 1151, 806 N.E.2d 1257, 1260 (2004)). We review the trial court's ultimate denial of defendant's motion to dismiss under an abuse-of-discretion standard. "A trial court abuses its discretion when it makes a decision that is 'clearly against logic.'" Largent, 337 Ill. App. 3d at 839, 786 N.E.2d at 1106, quoting Bodine Electric of Champaign v. City of Champaign, 305 Ill. App. 3d 431, 435, 711 N.E.2d 471, 474 (1999).
In Camden, 115 Ill. 2d at 378-79, 504 N.E.2d at 100, the Supreme Court of Illinois concluded that the defendant's silence and failure to object to the trial court's declaration of a mistrial (despite having an adequate opportunity to do so) evinced the defendant's "acquiescence" to the mistrial. The supreme court then held that the defendant's acquiescence constituted implicit consent. The court thus further concluded that the defendant's reprosecution was not barred by double jeopardy. Camden, 115 Ill. 2d at 378-79, 504 N.E.2d at 100.
In this case, as in Camden, the record shows that defense counsel had an adequate opportunity to object to the mistrial but failed to do so. Defendant suggests that defense counsel's request for an opportunity to research the law on perjured testimony should be construed as an objection to the mistrial. We are not persuaded. After defense counsel made his request for time to research the matter, the discussion continued, and defense counsel, though present, neither reiterated his request for an opportunity to research the law nor made any objection to the action the trial court decided to take.
Reviewing the record under the appropriate standard of review, we conclude that the trial court's finding that defendant had acquiesced to the mistrial was not against the manifest weight of the evidence. Moreover, as the supreme court held in Camden, acquiescence constitutes implicit consent to a mistrial and precludes a later double-jeopardy claim. Camden, 115 Ill. 2d at 378-79, 504 N.E.2d at 100. We further conclude that the trial court did not abuse its discretion by denying defendant's motion to dismiss the charges against him.
We find additional support for our conclusion in the development of the law on the statutory right to a speedy trial. Prior to a 1999 amendment to section 103-5 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/103-5(a) (West 1996)), a criminal defendant's silence did not constitute agreement to a trial delay or waiver of his speedy-trial right. People v. Reimolds, 92 Ill. 2d 101, 106, 440 N.E.2d 872, 875 (1982). However, in 1999, the General Assembly amended section 103-5(a) of the Code to provide as follows: "Delay shall be considered to be agreed to by the defendant unless he or she objects to the delay by making a written demand for trial or an oral demand for trial on the record." Pub. Act 90-705, §5, eff. January 1, 1999 (1998 Ill. Law 3671, 3672) (amending 725 ILCS 5/103-5(a) (West 1996)).
The amendment to section 103-5 of the Code evinces the intent of the policy makers of this state to require some affirmative action on the defendant's part to preserve the right to seek dismissal of the criminal charges against him on speedy-trial grounds. Similarly, in the double-jeopardy context, a defendant should not be allowed to (1) fail to state his objection to a mistrial while the trial court and counsel discuss whether one should be declared and (2) later argue that the charges must be dismissed because the defendant did not consent to the mistrial. To hold otherwise would have the effect of encouraging defendants to conduct themselves in an ambiguous manner when the trial court is considering declaring a mistrial.
We conclude that looking to section 103-5 of the Code for guidance is appropriate because of the following similarities that are present when a defendant seeks (1) dismissal under that section (on the one hand) and (2) to bar further prosecution due to double jeopardy (on the other hand): (1) if a defendant succeeds under either effort, he can never be prosecuted for the crime he allegedly committed; and (2) this bar of further prosecution has nothing to do with the facts of the case and is present even if the proof of the defendant's guilt is overwhelm-ing. Thus, as a matter of sound policy, a defendant wishing to avail himself of these extraordinary protections should be required (at a minimum) to make clear his intent to do so. In the mistrial context, that requires a defendant to state his clear objection on the record, a requirement we view as minimally burdensome.
Having concluded that (1) the trial court's finding that defendant consented to the mistrial was not against the manifest weight of the evidence and (2) the court did not abuse its discretion by denying defendant's motion to dismiss the charges against him, we need not address defendant's argument that the trial court erred by denying his motion to dismiss because no manifest necessity existed for a mistrial. See Camden, 115 Ill. 2d at 379, 504 N.E.2d at 100.
For the reasons stated, we affirm the trial court's ruling.
APPLETON, J., concurs.
COOK, P.J., dissents.
PRESIDING JUSTICE COOK, dissenting
I respectfully dissent and would reverse the decision of the trial court. This case bears little resemblance to Camden, where there was a problem with a juror, or to Segoviano, where the motion for mistrial was denied.
A defendant has a "'"valued right to have his trial completed by a particular tribunal."'" Largent, 337 Ill. App. 3d at 842, 786 N.E.2d at 1108, quoting Washington, 434 U.S. at 503, 54 L.Ed. 2d at 727, 98 S.Ct. at 829, quoting Wade, 336 U.S. at 689, 93 L.Ed. at 978, 69 S.Ct. at 837. Once the defendant has been put in jeopardy, the trial court may not declare a mistrial without the defendant's consent unless there is a "manifest necessity" to do so or the ends of public justice would otherwise be defeated. Largent, 337 Ill. App. 3d at 840, 786 N.E.2d at 1107.
The question of double jeopardy following a mistrial arises in a number of very different contexts. For example, the prosecution may move for mistrial because of defense counsel's improper and prejudicial comments in opening statement. In that situation, there may be a second prosecution even if the defendant objects to the mistrial because there was a "manifest necessity" for the mistrial. On the other hand, defense counsel may move for mistrial because of the prosecutor's improper and prejudicial actions in the case. In that situation, double-jeopardy principles may bar reprosecution because defense counsel was "goaded" into making the motion for mistrial. In that second situation, even if the prosecutor moves for mistrial and defense counsel does not object, the controlling feature may still be the conduct of the prosecution. Defense counsel may be "goaded" into failing to object, just as defense counsel may be "goaded" into moving for a mistrial. Defense counsel is not required to choose between proceeding with an unfair trial and allowing a second prosecution.
Why would a defendant ever consent to a mistrial, knowing that a second prosecution would follow? "In the event of severely prejudicial error a defendant might well consider an immediate new trial a preferable alternative to the prospect of a probable conviction followed by an appeal, a reversal of the conviction, and a later retrial." United States v. Dinitz, 424 U.S. 600, 610, 47 L.Ed. 2d 267, 275, 96 S.Ct. 1075, 1081 (1976); see 5 W. LaFave, J. Israel & N. King, Criminal Procedure §25.2(a), at 649-50 (2d ed. 1999). Likewise, the trial court, recognizing that prejudicial error has been committed, may choose to grant a retrial rather than go through the needless process of conviction, reversal, and retrial. Illinois v. Somerville, 410 U.S. 458, 464, 35 L.Ed. 2d 425, 431, 93 S.Ct. 1066, 1070 (1973). The situation is different, however, where the prosecution's error, such as the failure to subpoena a witness, makes acquittal probable. Why would defense counsel ever agree to a mistrial when it is likely the present tribunal will acquit?
I disagree with the majority's analysis that a defendant forfeits his rights under the double-jeopardy clause unless he makes a demand for them, similar to a demand for a speedy trial. The issue here is not forfeiture but consent. A defendant's consent may be implicit, but there must in fact be a consent. A defendant's silence cannot amount to consent where the defendant is given no opportunity to object or where the court expresses an intent to grant the mistrial in any event. United States v. Jorn, 400 U.S. 470, 484, 27 L.Ed. 2d 543, 556, 91 S.Ct. 547, 557 (1971) (trial court acted so abruptly that parties were given no opportunity to object).
When the mistrial was granted here, the parties were uncertain what the consequences would be. Defense counsel stated that he had never experienced such a situation and asked for time to do some research. The prosecutor stated that he anticipated a motion to dismiss based on the State causing the mistrial when he made the motion, but he decided that "the truth was the only way to go." The trial court recognized there was a possibility the case would have to be dismissed and "maybe the cases say it depends if it was willful or not willful." The dialogue was between the trial court and the prosecutor and focused on the question whether the prosecution really wanted to go this route. No one recognized that defendant had any choice in the matter, and defendant was never asked whether he had any objection to the mistrial.
This is a difficult case. Where a prosecutor, even acting in good faith, has failed to subpoena necessary witnesses, there is no "manifest necessity" that will justify a mistrial. See Downum v. United States, 372 U.S. 734, 10 L.Ed. 2d 100, 83 S.Ct. 1033 (1963). The mistrial in Downum "operated as a post-jeopardy continuance to allow the prosecution an opportunity to strengthen its case." Somerville, 410 U.S. at 469, 35 L.Ed. 2d at 434, 93 S.Ct. at 1073. The "strictest scrutiny is appropriate when the basis for the mistrial is the unavailability of critical prosecution evidence." Washington, 434 U.S. at 508, 54 L.Ed. 2d at 730, 98 S.Ct. at 832. That is the situation here. Because of the perjury of the prosecution witnesses, the prosecutor was unaware of the witness "Matt." When the trial court attempted to "save the trial," the prosecutor stated that he would need time to locate Matt and conduct additional investigation. The mistrial here operated as a post-jeopardy continuance to allow the prosecution an opportunity to strengthen its case.
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Deities-Death, Bastet, Nyx
Element-Shadows, Light, Darkness, Fire
I read tarot communicate with spirits I am a spiritual werecat as physically i cant shift though anythings possible, I am more things spiritally but im not going to say the you can ask me about them though.
My sister and I are looking to start a Pride outside of the SOM community. A pride is such are rare occurrence in the supernatural community and we would like to offer all breeds of cat an outlet. A Pride operates much like at Wolf pack with a couple differences. For one, it is all Were-cats, wild and un-wild cat shifters, neko's or those wishing to become such. The key points of a Pride are a family that can help our members establish a foundation on which they can accomplish their goals. A Pride is bound by loyalty, trust and faith in one another, this keeps us strong. If you are interested in joining please message me. If I don?t respond right away don?t worry, I promise that I will get back to you in some time. or you may message LadyRaye. We will then question you about things please be honest on your answers.
So I guess I need to tell everyone what a werecat is it is not like the movies where a wolf changes at a full moon that is just childish to think and actually rather disrespectful to felines all together as well as wolves. Werecats feline thereans and the like are where your spirits are not like a humans. This means we do not identify as humans we do not like to be called humans it is like calling a trans girl a boy vice versa it is fine that you dont think so your are entitled to your opinions but do not waste your time messaging me about it.
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text:
Peer reviewed
ERIC Number: EJ676626
Record Type: CIJE
Publication Date: 2003
Pages: N/A
Abstractor: N/A
Reference Count: 0
Does Father Absence Place Daughters at Special Risk for Early Sexual Activity and Teenage Pregnancy?
Ellis, Bruce J.; Bates, John E.; Dodge, Kenneth A.; Fergusson, David M.; Horwood, L. John; Pettit, Gregory S.; Woodward, Lianne
Child Development, v74 n3 p801-21 May-Jun 2003
Longitudinal studies in two countries investigated impact of father absence on girls' early sexual activity (ESA) and teenage pregnancy. Findings indicated that greater exposure to father absence strongly related to elevated ESA and adolescent pregnancy risk. Elevated risk was not explained (U.S. sample) or only partly explained (New Zealand sample) by familial, ecological, and personal disadvantage. (Author/KB)
Publication Type: Journal Articles; Reports - Research
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: Child Development Project; Cross National Studies; New Zealand; Timing; United States


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filed: November 4, 1983.
STEPHEN HARMERv.DAVID HULSEY, APPELLANT
No. 1353 Philadelphia 1982, Appeal from the Order of the Court of Common Pleas of Delaware County, Civil Division, at No. 81-12121.
Jon Auritt, Media, for appellant.
David J. Otis, Media, for appellee.
Cercone, President Judge, and Montgomery and Hoffman, JJ.
[ 321 Pa. Super. Page 12]
Appellant contends that the lower court erred in holding his counterclaim barred by the statute of limitations. We find this contention without merit and, accordingly, affirm the lower court's order.
On August 24, 1981, appellee instituted suit against appellant to recover for injuries received in a September 21, 1979 motor vehicle accident. Appellant was served with the complaint on September 8, 1981. On September 30, appellant filed an answer and a counterclaim alleging damages resulting from his own injuries sustained in the accident. Appellee replied, asserting in new matter that appellant's counterclaim was barred by the two-year statute of limitations. Appellant then filed a reply to the new matter averring that the limitations period was tolled because
[ 321 Pa. Super. Page 13]
appellee filed his complaint so late in the two-year period. Appellee subsequently filed a Motion for Judgment on the Pleadings on appellant's counterclaim. The motion was granted and the counterclaim dismissed. This appeal followed.
The appropriate statute of limitations, found in 42 Pa.C.S.A. § 5524, provides that an action must be commenced within two years "to recover damages for injuries to the person . . . ." Id., § 5524(2). Here, appellant's counterclaim seeking to recover for his injuries, was raised two years and nine days after the automobile accident. Appellant maintains that the statute of limitations should have been tolled pending the filing of his counterclaim because appellee waited until a short time before the two-year period ran to serve him with the complaint. Our Court has held that "when a demand arising from the plaintiff's negligence . . . is set up by the defendant as a counterclaim . . . [it is] . . . subject to the bar of the statute." Enterline v. Miller, 27 Pa. Superior Ct. 463, 470 (1905); see Woodland Oil Co. v. A.M. Byers & Co., 223 Pa. 241, 72 A. 518 (1909). Our research reveals no Pennsylvania Appellate Court case since the early part of this century restating the above premise.*fn1 We reiterate, therefore, that a counterclaim provoked by the plaintiff's alleged negligence must be raised within the time allotted for an action under the appropriate statute of limitations.
[ 321 Pa. Super. Page 14]
Appellant's argument that his action was hindered and prejudiced because appellee chose to file his complaint late in the two-year period is patently meritless. Appellant was entitled to the same two-year period as appellee in which to bring an action for damages for his own injuries arising from the accident. That appellant was either unaware of his potential claim or the two-year limitation, or chose not to bring an action until appellee sued, does not suffice to toll the statute of limitations. A cause of action raised as a counterclaim may be potentially as stale as a cause of action asserted in an original complaints. See Insurance Company of North America v. Carnahan, 446 Pa. 48, 51, 284 A.2d 728, 729 (1971) ("The purpose of any statute of limitations is to expedite litigation and thus discourage delay and the presentation of stale claims which may greatly prejudice the defense of such claims.").
In support of his argument, appellant erroneously relies on the distinction between a counterclaim that is a recoupment and one that is a set-off.*fn2 A recoupment involves only the claim averred by the plaintiff and raises no possibility of affirmative relief for the defendant. A set-off, on the other hand, "will permit an affirmative judgment for defendant." Stulz v. Boswell, 307 Pa. Superior Ct. 515, 521, 453 A.2d 1006, 1008 (1982). Counterclaims asserted as recoupments have traditionally been permitted, even if raised after the limitations period has run, whereas set-offs will not be permitted if late because a set-off, in effect, raises a new cause of action. Id., 307 Pa. Superior Ct. at 521, 453 A.2d at 1009; see also Household Consumer Discount Co. v. Vespaziani, 490 Pa. 209, 415 A.2d 689 (1980); Woodland Oil Co. v. A.M. Byers & Co., supra, 223 Pa. at 247, 72 A. at 520. In Stulz, a panel of our Court permitted the portion of defendant's counterclaim that sought only "to reduce the award obtained by [the] plaintiff . . . notwithstanding . . . the defendant['s] failure to assert
[ 321 Pa. Super. Page 15]
[it] before the statute of limitations ha[d] run." Stulz v. Boswell, supra, 307 Pa. Superior Ct. at 521, 453 A.2d at 1008. Similarly, in Household Consumer Discount Co. v. Vespaziani, supra, our Supreme Court determined that the counterclaim at issue, based on the Truth in Lending Act, 15 U.S.C.A. § 1601 et seq., constituted a recoupment and could, therefore, be raised after the statute had run. Here, however, appellant's counterclaim must clearly be characterized as a set-off because it raises the possibility of affirmative relief for appellant. As such, it should have been raised before the end of the two-year statute of limitations period.
Accordingly, finding no merit in appellant's contention, we affirm the order of the lower court.
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Möchtest du als deine Standardwährung festlegen oder nur für diese Sitzung behalten?
ab 51 €
Die Lage ist ausgezeichnet
Tiere auf Anfrage erlaubt. Gegebenenfalls fallen Gebühren an.
very few light bulbs in any of the fixtures, bare drywall exposed, loose and cracked tiles in the bathroom, a/c unit barely hanging on to the wall.
The location in the city was good. The room was extremely dirty. Stains on the carpet, bed skirts, and furniture in the room. The pool water was very dirty. Walls were thin so you could hear everyone moving around. Garbage cans in the parking lot were overflowing and trash everywhere.
Pet friendly Everything in the room was old, television was missing buttons Shower/toilet was not clean Coffee maker had broken plastic pieces Sheets had small rips throughout bed skirt had stains chairs had stains
clean sheet, beds and towels. Changed room when A/C didn't work. Staff were accommodating. Poor appearance.
Staff friendliness Refrigerator wasn't working Ac was in bad condition and was not working properly Bathroom flush was making noise the whole night
to start the day off there was no breakfast left.ask it took 20mim to make some coffee & nothing was made up some10 others just left,pool chairs were broken,bath tub did not have a stopper to take a bath,tryed to shower head leaked and got my clothing wet see above was the worst time ever and i filed a claim against the owner and waiting to hear back i rate this place a minus 10
Ice machine Cardboard walls, terrible pillows, the free breakfast sucked
Shower didnt have a handle, was all nice and clean ....so hmmm howd it get that way without water. Arrived late so didnt notice til morning...didnt feel like getting another room just to shower...when i told staff of situation and asked for a discount.
The price. I expected a --- room that is what I paid but when we checked in we were pleasantly surprised NO
The shower was broken which we realized as soon as we arrived. But the staff did fix it immediately. Other than that, it was a nice place.
TV didn't work. Switched to another room where TV didn't work either. Iced over entry to office. Told front desk they should put down some salt. During our stay they never did. Very dangerous hazard!
Was safe A little on the old side
Not too bad location in Carson City. Some amenities okay such as bathroom, bed, simple furniture, etc. If not specifying WiFi, You might get a room with spotty or no WiFi and there are four such rooms. In this case you have to go to the lobby for WiFi, which is not convenient. Our room ran out of showing lotion. The complimentary breakfast was not good, so we had to check out and went to McDonald a mile away. Our price looked cheap except when compared with Motel 6 next it, which was 30% lower and advertising Free WiFi. I don't think I'll stay at this hotel next time. There are many other better choices nearby in Carson City.
Spacious room, fridge and microwave, modern flat screen tv . Decent amount of channels Pool was not operational in 95 degree weather, very disappointing. Shower not very good.
Die Lage am Stadtrand sowie der uneingeschränkte Zugang zur Lounge, wo jederzeit ein Kaffee oder ein Tee genossen werden konnte. Wir haben uns im Hampton Inn sehr sehr wohl gefühlt. Auch das Frühstückbüffet war super. Schade dass es die Reinigungsleute nicht so genau mit dem Abstauben nehmen. Das ist wirklich der einzige Punkt der nicht in die Kategorie "sehr gut" fällt. Ansonsten war das Zimmer immer perfekt gemacht.
saubere Anlage in der Hauptstadt von Nevada, am Ende der Hauptstraße. Gutes Preis-, Leistungsverhältnis, für Stops bei Round Trips zu empfehlen.
This guest did not leave comments about this hotel.
This guest did not leave comments about this hotel.
It was really nice and they were very friendly and helpful A little confusion at first cause I booked and paid on line
The location was great. Close to shopping and resturants.
Not that far from Tahoe area - 35 mins away - yet about a third the cost of similar quality accommodation by the Lake. You need to put on snow chain - or be in a 4 wheel drive SUV - to drive to Tahoe from Carson City, if it snows just a couple of inches.
This guest did not leave comments about this hotel.
This guest did not leave comments about this hotel.
Location and clean, only recommend compared to the other places available. They charged me $196 on top of the XXX I paid to Priceline and this is not the first time this happened
Yes during check in we were put into a room that already was being occupied. We had to wait 30 minutes when we first arrived for being checked in and once we finally checked in they overbooked our room and we had to go into another room which was an addit
Location, decor, facilities. Even cheaper hotels have some sort of complimentary breakfast. This place didn't even have complimentary coffee (except in the room) as it was included with other breakfast items they charged for.
This guest did not leave comments about this hotel.
Room was large and staff was friendly and helpful Limited facilities and construction going on. We had to eat off of paper plates in the restaurant and had to walk through the smoky casino to get there.
We enjoyed the free breakfast each morning. Our was near an easy access to the parking lot. Didn't overly smell like cigarettes. Great location, easy access to the highway. The only negative was our room had a very noise AC unit. It would go off every 20 minutes and it was unusually loud!
Plenty of TV channels. When I arrived, they gave me an electronic room key. When it didn't work I brought it back. They gave me another one which also did not work. On the third try, they checked it themselves with another key, which also did not work. It was late and I was hungry so I left to get a bite to eat while they worked it out. When I returned they gave me a different room. They should have either given me a different room immediately or gone to check the second key themselves, given that I was a traveler and exhausted. Additionally, while the room was clean and functional, it was stark/bare, the bed was as hard as a rock, and the pillows uncomfortably thin.
Everything was disgusting. It was so bad we wouldn't even stay there. We walked out and went and booked somewhere else. They wouldn't give us our money back because they have a 48 hour cancellation policy because they know if you show up to their property you won't want to stay there.
Very nice and helpful staff; good location in center of Carson City; great restaurant a few steps away -- Reds 395 Grill. There were some negative comments about this hotel, but for the price, we thought it was an excellent value and really had no complaints.
It was quite. Very easy to find. The carpets looked stained.
Easy to find Need new beds and linens.
It was spacious and comfortable although somewhat old and needing some remodeling. Staff is very accommodating and friendly.
Very cozy hotel made the stay very comfortable. Nothing much. Wish breakfast had some waffles or pan cake.
None Location and heating system.
This guest did not leave comments about this hotel.
the room had unclean/old carpet. The ceiling was not noise free - guests walking upstairs was loud below. breakfast was basic, but okay.
Super friendly staff! Cozy and comfortable!
The hotel has its charms. It is an interesting building and the location was convenient for me. There were a lot of homeless people near the hotel. There is also a Jack in the Box behind the hotel and at 2am, a carload of screaming women went through, waking me up. If you are a light sleeper, this might be an issue for you too.
The staff was very freindly,they had coffee 24 hours. And a continental breakfast. The location was great, there is a restaurant/bar a block away a Casino, and Museums you can walk to. I was very happy with my stay and look forward to staying there again!
Room was clean Beds were hard and not compfortable. Breakfast was poor. Only eggs were hard boiled no hot food Very little selection. Overall a C minus.
The friendly and always helpful staff. No, this is the CLEANEST hotel we've ever stayed in!!
Liked the location in downtown. They should clean the patio entrance, eg sweeping and picking up trash.
Large room and friendly staff No pool
Rooms were clean, day staff very friendly. Fridge and microwave were a nice touch. Rooms were quiet - couldn't hear any outside traffic Toilets overflowed (not just ours - another friend who stayed in a different room had the same problem) and after calling down to the desk I was asked to pick up a plunger from the custodial closet and fix it myself. There is apparently only one staff member onsite at any time, so you are told to "do it yourself" for most things - whether that is getting a plunger to fix a toilet, or getting some extra supplies for your room.
We were very happy with our stay. The exterior could use a little updating. However, the rooms have been updated and were nice. We couldn't beat the price. We had two meals in the restraint and those were good as well. Everything was wonderful!
Rooms were good. Wifi sucks. No breakfast.
Price was good. Rooms are nice, and clean. Friendly staff. Casino was small but nice. No complaints. Nice place to stay if you want somewhere laid back
Room and hallways clean. Quiet on the 4th floor. Comfortable beds. Nice wi-fi, although tricky to access for some. I missed the complimentary breakfast, refrigerator in-room and convenient electrical outlets for cell phones and other electronics.
excellent location. just a very old motel that has gone thru mgmt. & ownership changes. in serious need of full upgrade. still for $60 nite, not a bad place. but I confess, we only stayed here because the Marriott Courtyard was full. kind of an old fashioned café within. I don't know if there is an actual chef on staff, I don't think so. we had din and following am b'fast. soup of the day on salad bar line had almost boiled completely down. what was supposed to be Friday special clam chowder, not home made...and by the time we went to check it out, had mostly simmered down to consistency of wet concrete. on the up side, b'fast was excellent. dog friendly. I would stay here again...if courtyard sold out. courtyard has a magnif pool which any papa would agree is excellent for the grand munchkins.
There needs to be an exercise room.
Water sink doesn't drain well.
Room and bath very clean. Staff did a great job. Diner was very convenient. Water temp varies from scalding to freezing, like someone in our room flushed the toilet. But no one did. Very Dangerous.
Quite and clean Microwave was lacking
The staff was very nice. Rooms were very clean and comfortable and did not smell smoky at all. i would stay here again. The restraint is closed/under construction which we didn't find out about until we checked in. The casino and to the elevators smelled heavily with smoke.
Good central location Small facility
Enjoyed the rooms, and the view of the mountains was gorgeous! The restaurant was closed for changes. No real alternative except a snack bar in a smoke area.
The bed was very comfortable and the air conditioner worked wonderfully especially since it was so hot. It was very quite as well. The breakfast was great. Good variety and had a pancake maker. I had to try it out. It was good. My floors ice machine was out of commission and the staff were mostly friendly but there were a couple that you could tell weren't happy to be there. While in the lobby I overheard them dealing with another guest who obviously called down for something and they just sounded rude and annoyed with the guest and told them to come down and get their own towels. That was just an instance and I witnessed several others.
My reservation was inadvertently made for the next day. The manager helped me change the date and receive a full refund. Also, the motel was very clean, quiet and took pets, our main reason for choosing it. Rather an old, plain, very basic motel.
Extremely friendly owner and staff. Small variety for breakfast but still something for everybody. Still in need of a few repairs but nothing too much.
Quiet, clean, comfortable room. Staff was friendly. Hotel and area was clean and nice. Everything was fine.
The staff was friendly. There were guest laundry facilities. The "newly renovated room" was done sloppily. Our room had a few new items in it but was untouched other than that. The shower creaked everytime you moved like it was put in incorrectly, there wasn't any hand towels and only one bar of soap. Pretty small stuff in the grand scheme but it certainly wasn't a$ 120.00 room. The soda machine was not working correctly and some of the grounds were dingy around that area. Overall...mediocre at best.
The room was clean and since we were on motorcycle, it was really nice that they had the coffee maker and hairdryer. I didn't have to think about bringing, or trying to get those extras. The staff was very friendly and conscientious. The breakfast was a little on the skimpy side. Too many starches, i.e. breads, that type of thing.
This is the second time we have stayed here and we were not disappointed. Our room was clean, smelled nice, roomy, and quiet. We will stay here again. The front desk staff was extremely nice and helpful--Ruth Ann and Laura--Thank you!
Our room was very clean. Beds were comfortable and staff was helpful and nice. Location was good for the purpose we came there for. Little pricey for not having any continental breakfast. Lots of construction around so made it a little hard getting in and out.
Great Service Older hotel
Great location. Beautiful beach. Enjoyed the paddle board and kayak rentals.
The hotel is of relatively modest size. The lobby has been remodeled (not sure when) and is very very nice. Has a Tahoe lodge look, is dimly, but adequately lit, and is very welcoming. Our room did not have the best view, so we requested an upgrade. The manager on duty offered us one of their cabins by the lake as a free upgrade. Initially, we declined, but changed our mind. Not only did they give us the free upgrade, but they did the same for our friends! Thanks to Taylor, who was very gracious, professional and friendly. The room we initially had was on the fourth floor and did not have a view of anything but the roof and ventilation equipment. That was remedied, however.
My wife and I were blown away, not only with the property, but with the amazing service. I have a young child and she will be vacationing at this hotel throughout her child hood. You couldn't ask for a better place to stay. Great for adult and child activities. Well done Hyatt.
The first few days of my stay I was solo and was there for business. My wife flew in for the weekend and we had a great stay at our home away from home. The Hyatt in Incline always does a great job and has the best staff of anywhere I have stayed. Keep doing a GREAT job. One elevator was not working for a couple of days on Presidents weekend which made for very long lines and wait times. Need to reinstall the chandeliers at the Loan Eagle.
Cleanliness Facilities Staff Restaurant Complentary champagne at check in. We staid in room 346 , beside the fact that we had to walk a lot to get to the room , the way the bathroom was built was no way you can get any heat in there , the showers were a nightmare to take. He had to keep the heat at 78 in room to get not even 68 in the bathroom. I was disappointed with the room we got, because I know for sure the hotel was not busy 1.5 weeks before Christmas. Overall I would recommend the hotel but not the room 346
Facilities were nice, and staff was friendly. Not impressed with Lone Eagle Grille. Hostess and waitstaff were not competent. Gave us a wine list on a locked iPad. Did not provide the correct dinner menu. Options were limited, with few fresh vegetable options. Cafe was uncomfortable with hovering waitstaff.
Beach Casino
Pool area Wait staff not the friendliest at times
The pool was an outdoor heated pool but wasn't warm enough. The property is very spread out, which is nice but can be difficult at the end of the day with young children.
Loved the location, just a mile or two from our family we were visiting. Heater worked well on a cold night. Coffee maker in room. Bare bulb light fixture and cob webs behind the bathroom door in 205, too soft bed for old backs, breakfast room was a dark cave where we had to resupply items by searching under cupboards as no staff was evident, overpriced based on our travel experience(S (we understand it's the LOCATION but it shouldn't be more than $100/night even given Incline Village, not $168 with tax!)
Location was great and the bed was very comfortable! I loved that fact that it was clean and our room was very spacious. A little dark, incovinient if you want to do your makeup. You can hear people in the hallway.


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Mamanista! » Appliances, Featured » Home, Home on the Range
Home, Home on the Range
The last of the sweet suite of Frigidaire appliances I received distinguishes itself with its intuitive features. Actually, this is two appliances: the Range and the mounted Microwave. Like the rest of the Gallery appliances, the range and microwave look sharp. Even more importantly, they have a large number of time-saving and convenient options.
My favorite features are the ones that heat things up quickly–the quick pre-heat on the stove and the quick boil. I don't use the microwave for cooking very much, but I like the soften/melt and the sensor defrost buttons.
Concentric circles on the cook top allow even heating of pots small, medium, and large. A fifth burner is perfect for keeping soups or water for tea warm. The flat cook top is also easy to clean.
The oven has three wire racks, one of which opens with the door, a real handy feature. Another rack has one removable side, allowing more flexibility and making it easier to prepare large meals.
I do not rely too much on the one-push settings for the oven–we do not make too many chicken nuggets–but they are handy for me with the microwave. I could probably be just fine with fewer features and a more streamlined set of possibilities but there are a few conveniences that really come in handy for me.
The oven and cook top heat up more quickly than my earlier appliances, which definitely saves me time. And while there are a lot of options, the intuitive design makes choosing the right settings simple.
Filed under: Appliances, Featured · Tags: Frigidaire Test Drive Mom, FrigidaireTeam
2 Responses to "Home, Home on the Range"
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We went here to celebrate my sisters birthday while my whole family was in town. It was a great place to go with a large group of people. We all were able to share multiple dishes since the portions are huge!
Is this restaurant good for dining on a budget?
Does this restaurant specialize in Soups?
Is this restaurant good for business meetings?
Does this restaurant have private dining rooms?
Is this restaurant good for dinner?
Is this a pizza restaurant?
Is this restaurant good for special occasions?
Is this restaurant good for lunch?
Is this restaurant good for brunch?
Does this restaurant offer free wifi?
Thanks for helping!Share another experience before you go.
We went here to celebrate my sisters birthday while my whole family was in town. It was a great place to go with a large group of people. We all were able to share multiple dishes since the portions are huge!
Do you have family comí g to your house and don't feel like cooking? Let Buca do it. Awesome menu - salads are off the charts. And lemon chicken is a must have. Meatballs are the size of baseballs. Really really good food and reasonable price. Always friendly too. Will go again and again.
Reserved the Pope Room for a birthday celebration with family (a dozen or so of us). Staff did a great job helping me plan and organize the event in advance and making sure it all ran smoothly on the big day. The food was superb and we loved it all. One thing was better than the next. Baked Rigatoni (Spicy... More
If taking a group here I would highly recommend reserving the Pope room seen below. Beforehand for a large group I recommend contacting their Sales Manager and choosing a pre planned menu. It not only is affordable but keeps time at a minimum so all can enjoy and still get home at a reasonable hour. And great food and service... More
Our family reserved the party room - complete with pictures of Popes - for 11 people. I wouldn't recommend more than 12 in the Pope room or there will not be enough elbow room. Food was preordered and brought out by course - appetizer, salads, entrees and dessert. The large lazy Susan in the center meant food could quickly be... More
We eat here with family. We had an great first experience. We had left overs for two days since they serve such large portions with family style eating. Everything tasted great! Good for large groups!
We visited here after going to the Louisville flea market. We had visited here during the holidays & loved it. This place has large portions so we shared the chicken Alfredo. My husband wanted to add chicken so there was a $4. Up-charge for doing that & boy were they cheap scrapes on that. There was not hardly any chicken... More
Food was good no air conditioner it was hot asked for Togo cup no Togo cups will go back when it gets cold outside
Thank you so much for taking the time to write this review as our customer's feedback is very important to us. We apologize your experience was not the greatest as this is certainly not the impression we would like to leave with our guests. We will contact management and make them aware of the situation to ensure it does not... More
Great family style Italian food. Great for birthdays. If you go during the summer, they give you a free birthday cake and sing. Be sure to set your reservations online and keep the coupon code. Love, love, love the place.
We love you too! Thank you for your kind words and we can't wait to celebrate with you again soon! More
The ladies wanted Italian, so we took them to Buca's. Most had not ordered family style before, but once we worked out what we were eating and who would pay the bill it worked out fine. Took 11 women here. Loved the lasagna.
Happy to hear you ladies enjoyed your meals! Hope to celebrate with you all again soon! More
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Stock Water Info Meeting
The Moose Jaw River Watershed Stewards will be hosting a workshop in Mortlach on December 13, 2016 from 1 pm - 5pm at the Mortlach Memorial Hall. Topics that will be discussed include: water quality, blue green algae, wells and more.
Please register by December 9, 2016. For more information please call 306-691-3396 or visit www.mjriver.com.


text: What is your favorite animal? (1) Sometimes animals can be nice. Other times, animals can be crazy! Which one will you like best? Do you like dogs, cats, or tigers? Which one? This quiz will tell you. sparklecat published on March 3061 responses 5 4.0★ / 5 Questions in vertical order Somebody wanted you to become a football player, but you want to become an artist. What would you do? I would never want to be an artist. Hmm...I would complain to my mom and tell her that I want to be an artist. I choose what I do. I want to be a spy. I would growl at my mom and tell her that I REALLY want to be an artist. I would wait till the right time to tell my mom (or whoever told me.) that I want to be an artist. Whaaaaaaaaaaaat? Your mom is upstairs and will be back downstairs soon. You spill your milk everywhere before she comes down. What will you do? I am fast. I would clean everything up before she comes back. I would tell my mother that it was an accident. Then, I would change. I would lick all the milk up before she could come back. I would walk away and blame it on my little brother. There isn't really much I CAN do. I believe i can fly... What is your favorite animal? (Right now, and out of these animals.) A house cat. a house dog. a tiger a wolf. a fish. a whale. a shark. a bird. Your friend is sad and you don't know why, but whenever you ask them, they whale. What will you do? I would be sad with them. I try to be sad if they are, even if i don't know why. I would try to cheer them up, but they learned their lesson. They cannot just not tell them why they are sad. I would tell their parents that they are sad. I would ask them again and again why they are sad until they tell me. You broke your leg because your friend was mad at you for doing the monkey bars without him. What will you do? That is a stupid reason to break my leg. They should pay. Hey what now...ooh a puppy! I would have my parents talk this over. Then, they would decide what i do. Somebody is hurt badly and you are the only one who knows what happened. They broke there arm. What will you do? I would tell their parents. It isn't anybody Else's bizzznuz. Well, let them suffer. They should pay for breaking my leg, but i will help them. I would let them suffer for a little while, then i would help.


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Grants and Corporate Partnerships
ALSC is grateful for the generous support from the Dollar General Literacy Foundation in support of youth literacy. With robust support of El día de los niños/El día de los libros (Children's Day/Book Day), the Foundation has helped to establish Día as a nationally recognized celebration connecting children and books, Visit the Día webpage to find out more and to check out all of the resources available to incorporate Día everyday.
In September 2016, ALSC received a Youth Literacy grant from the Dollar General Literacy Foundation in the amount of $124,153 to help libraries provide out-of-school time STEAM learning for children.
Strengthening Communities Through Libraries
ALSC will award twelve $5,000 Strengthening Communities Through Libraries minigrants to ALSC personal members in public libraries whose libraries are within 20 miles of a Dollar General corporate or retail location. In addition to minigrants, ALSC will also develop supplemental resources that will be made widely available to support the out-of-school time programming of libraries and their community partners.
ALSC is no longer accepting applications for this minigrant. Recipients will be announced by December 17, 2016.
Corporate Sponsorship Opportunities
ALSC works with corporations and foundations who understand the importance of library service to children and who assist ALSC in providing our membership with resources, tools, and funds to enhance their resources and outreach. If you are a corporation or foundation who is interested in working with ALSC please visit the Corporate Sponsorship Opportunities web page to find out more about our initiatives, our corporate sponsorship guidelines, and to find our sponsorship proposal form.


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Hot Rod Hullabaloo
Release Date: November 1st, 1966
Not Yet Rated|1 hr. 21 min.
Plot Summary
A student hopes to pay for his college tuition by winning a demolition derby, unaware that his main competitor plays dirty and packs a pistol.
Cast: John Arnold, Val Bisoglio, Gene Bua, Ron Cummins, William Hunter, Kendra Kerr, Marsha Mason, Robert Pagat
Director: William T. Naud
Genres: Drama


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Summary | Excerpt | Reviews | Readalikes | Genres & Themes | Author Bio
If you liked The Great Influenza, try these:
On the 100th Anniversary of its sinking, King and Wilson tell the story of the Lusitania's glamorous passengers and the torpedo that ended an era and prompted the US entry into World War I.
Read-Alikes are one of the many benefits of membership. To see the complete list of this book's Read-Alikes, you need to be a member.
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I have always imagined that paradise will be a kind of library
Click Here to find out who said this, as well as discovering other famous literary quotes!
The Big Holiday Wordplay:
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BookBrowse seeks out and recommends books that we believe to be best in class. Books that will whisk you to faraway places and times, that will expand your mind and challenge you -- the kinds of books you just can't wait to tell your friends about.


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Where Did The Domesticated Chicken Come From?
Ever wonder where the first chicken came from? Or how the wild bird became a domesticated one? Or why the animal became such a staple in so many meals?
We wondered the same thing!
The domesticated chicken is really a subspecies of a combination of many many other species, some of which are no longer around! But where did it first start?
It was once thought that the domesticated bird originated from the red jungle fowl, a wild bird found in India and many other countries, including China, Malaysia, and even the Philippines. The Red Jungle Fowl even resembles our modern day domesticated chicken. But a recent study (Web edition of PLoS Genetics) has found that the Grey Jungle Fowl is a closer cousin.
How did the domesticated bird make it's way over the ocean? One theory is that Spanish explorers brought the bird back after one of their journeys, landing in South America, in what is now known as Peru. Another theory is that Asian explorers may have brought the birds over much earlier than that. One this is for certain, the bird became wildly popular in these areas and quickly spread throughout.
Slowly, these birds were mated and other popular breeds became available, including Cornish Hens and White Rock Hens - the two birds that are believed to be the ancestors to our modern day hens raised for meat.
These wild birds have now calmed down and become the social creatures you see now a days! Who would have thought!
Today, our domesticated birds are now immune to many diseases that used to cause problems, but they've also come with their fair share of new diseases and illnesses. Veterinarian care is also available to help keep your birds healthy for the long haul. Just like humans, the average lifespan of the chicken has increased tenfold, with proper care and handling!
These birds are great companions now, and will continue to be for the long haul!
More by this Author
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When it comes to backyard flocks, there are many common chicken diseases that you should become familiar with. It is essential to learn chicken diseases symptoms and even the signs of diseases respiratory based in these...
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Showing all newswire headlinesView by date, instead?
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Final report from the internationalisation team meeting in Extremadura
*.buntu 6.10 Knot 3 Screenshot Tours
Rob Levin -- aka lilo -- killed in traffic accident
Develop Java EE app on Apache Geronimo with Spring
Fedora Core 6 Test 3 Screenshot Tour
The Linux Gamers' Game List
Update: Software Upgrades Available directly from Segway
New virus worth $80bn to EC economies
Didn't God say "...and the geeks shall inherit the earth"?
How To Combat Viruses Using Your Postfix Configuration
Software Freedom Day - Charlotte Pics
Here are the pics for Software Freedom Day - Charlotte. We held our event yesterday afternoon at the Cone Center at the University of North Carolina - Charlotte. Enjoy!
Web Hosting Provider Verizon Business Expands Managed Hosting ...
Dr. Garth Gibson to Lead Petascale Data Storage Institute
Beginning Google Maps Applications with PHP and Ajax
In New Dot-Com Flourish, Copper Wire Sparks Silver Shoestring Philosophy
[Article is more about shoestring business strategy, but mentions OpenOffice.org as one example. Of course, we already knew that, didn't we? - dcparris]
One Week Until Akademy 2006
New KBOX Appliances Bring Enterprise-Grade, Cross Platform IT Automation to Mid-Market
[More non-libre software. Give me some news about libre management solutions being released. - dcparris]
VMware demonstrates para-virtualized Linux
Welcoming MS Windows users to Linux
Dear Windows user,
You are looking into the world of Linux? Welcome to another world of computing. As an MS Windows user you are familiar with one way of doing things. Be prepared to familiarize with a different way of doing things. This can sometimes be confusing, sometimes frustrating.
IBM Eclipse VPA for Java on Linux Released
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- Professionally Installed Sunrooms in Bloomington, IL
- Experienced Bloomington Sunroom Professionals
- Free Estimates on Sunrooms in Bloomington, IL
Sunrooms in Bloomington, IL
Sunroom installation services in Bloomington, IL will provide you with a great new area of your house to relax in anytime you want. Another benefit associated with having this type of room built is that you will be able to bring more sun into your home. If you feel as though the inside of your house could use more sun, it is definitely a good idea to look into these installation services. Lots of homeowners have sunrooms built because they provide them with more light as well as a nice place to entertain guests or just relax by themselves.
Avg Costs for Sunroom
Min Cost
Max Cost
Avg Cost
$45,057.94 - $66,608.88
Find the Best Quality Sunrooms - Bloomington, IL
Quality Bloomington sunroom installation services will provide you with the new area of your house that you need to brighten it up while having the perfect place to read a book or do anything else you want. You will find that a sunroom can also provide your children with a nice place to play when the weather does not allow for going outside. These days many homeowners choose to have these rooms built onto their homes because they can serve so many different purposes. If your lock is lacking natural sunlight, a sunroom could be the perfect addition to make onto it.
Sunroom Companies
JE Rolison Remodeling & Construction
Rainbow Ave.
Bloomington, IL 61704
Jordan Company II
College Hills Mall Ste C5
Normal, IL 61761


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Palladino: Forget Money Already Spent, Alderson Has More Big Holes To FillIf anyone thinks the moves the Mets have made so far this offseason put them among the two best teams in the NL, they'd be wrong.
Palladino: Final 5 Games Will Unveil Giants' True IdentityStarting Sunday and continuing until New Year's Day, the curtain of uncertainty that has shrouded the Giants' 8-3 start will rise gradually, but steadily.
Palladino: Belichick's Coaching History Offers Lessons For Bowles' FutureThere are always second chances in the NFL. And Todd Bowles needed only to look across the field at his coaching counterpart, Bill Belichick, at any point during the Jets' 22-17 loss on Sunday to the Patriots to understand that.
Palladino: Giants Finally Have A Secondary Thanks To Collins And JenkinsThe statistics say the Giants' secondary is less than average, having allowed 262.7 yards per game through the first 10. But as coaches and players have said ad infinitum, stats are for losers.
Palladino: Giants Have The Motivation To Avoid Trap Against BrownsTeam records have never meant much to the Giants, which is why Sunday's game against the 0-11 Browns looms so dangerous.
Palladino: Jets Need A Leader Like Romo To Be A True Playoff TeamWhether the Jets come out with a win, lose close, or get their brains beaten in next Sunday against the Patriots, one gnawing problem will remain constant. They need a quarterback. A real one.
Palladino: Long View Of Chapman Could End Up A Big Win For YankeesBrian Cashman might well have been looking toward 2017 when he traded Aroldis Chapman to the Cubs for a gaggle of prospects. But he never took his mind off the dominant closer.
Palladino: McAdoo's Gutsy Call On Fourth Down Put Entire NFL On NoticeAt long last, Ben McAdoo finally veered away from the two-yard run and wait-for-Odell Beckham, Jr.-to-do-something ways of the previous eight games.
Palladino: Keeping Colon While Pursuing Cespedes Would've Helped MetsLooking at it in purely accounting terms, Bartolo Colon's departure Friday for Atlanta saved the Mets around $12 million, which should now be added to the effort to re-sign Yoenis Cespedes.
Palladino: Victor Cruz's 30th Birthday Proving BittersweetIf the final eight games go like last week's win against the Eagles, Cruz will spend a portion of his time on the sidelines, demoted from starter in the three-wide set to reserve.
Palladino: Jets' Dysfunction Might Just Cost Todd Bowles His JobThe cracks in Bowles' once-solid wall widened over the last couple of days, and it wouldn't be surprising if the whole thing comes tumbling down over the seven remaining games.
Palladino: Giants Must Change To Regain Moral High GroundLong known as the classiest team in the NFL, the Giants have had a rough first half. Put in simple football terms, they've committed plenty of turnovers, and their reputation has taken a huge sack as a result.


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Bike Tour 2012: Taking the high road in Colorado
Bike Tour 2012: Taking the high road in Colorado
Hoosier Pass, Colorado - the highest point on our route
Today we are taking our time getting on the road because we can happily say that it is all downhill from here. It took us 3 long days to ride into Summit County, Colorado from Rawlins, then 2 days of rest and play in "America's playground," and then one day of climbing to land us here in the tiny town of Guffey, Colorado. We continue to enjoy the time of year that we are traveling, as nature truly puts on a show in Autumn in Colorado. We have had a few cold nights, but so far we have had the right gear for the job and haven't had any real issues with weather.
Stealth camping just north of the Colorado border
Our trip out of Rawlins began with a 10-mile stretch along the very busy, very loud I-80, and then a stop through the town of Sinclair, the home base of the large refinery by the same name. We continued to face very high winds, but fortunately this time they were at our back, which could be how we managed an average speed for the day of over 14 mph. We also out-biked a storm right around the town of Riverside, Wyoming. We would feel a couple drops of rain, bike harder and faster, and then glance behind us at the dark, approaching clouds. It would have been thrilling if we weren't so concerned about getting caught in the middle of it. We ended the day with a respectable climb and a night of beautiful stealth camping along a quite stretch of road about 12 miles north of the Colorado border.
Thrilled to be entering the state of Colorado
The next day was spent mostly in the North Park of Colorado where we saw mountainsides of fall colors, lots of open space, and a climb over Willow Creek Pass at the Continental Divide. We stealth camped once again while still in our descent through the canyon, right alongside Willow Creek. Our newest ritual, in order to manage the cold weather, includes a quick set-up of the tent and weather-proofing of our bikes, then we climb into our sleeping bags with our Crazy Creek chairs, and that is where we stay for the evening as we cook and eat dinner, look over maps, and read. We have certainly gotten an efficient system down, from shared responsibilities to homes for items in the various pockets of our tent. It makes for many cozy evenings in our home away from home.
Colorado River near Hot Sulphur Springs and autumn in Summit County
In the morning we woke up excited to be arriving in the much-anticipated Summit County, Colorado. I used to live in the town of Frisco and Don had never been there, so I looked forward to showing him all of my favorite restaurants and hang-outs and also seeing some old friends. Even from about 30 miles away, Don was enamored by the beauty of the county. I, too, was reminded of just how special this area was, especially when compared to all of the many places that we had already biked through. We decided to spend two layover days in the county in order to fit in all that we wanted to see and do. By a lucky series of events, Don's friends from Michigan were able to meet us for our first layover day and we had fun exploring the area and eating some delicious food. The next day Don and I biked to Breckenridge, a little closer to our big climb, where we played tourists and contemplated whether we should ever leave. We ended up spending the night with a nice couple that we found through Warm Showers, the bike tourists' website.
Approaching the top of Hoosier Pass
Yesterday we had to motivate ourselves to get back on our bikes after a very relaxing two days off. Our morning began with the highest climb of our trip, over Hoosier Pass at an elevation of 11,539 feet. It was surprisingly manageable, and we celebrated our success at the top with lots of pictures. From there it was mostly downhill through the old mining towns of Alma and Fairplay. At the end of the day a very cold wind forced us to set up our tent and stealth camp a little sooner than planned. We were happy to be climbing into our little shelter right as some huge snowflakes began falling on our heads. We did stay warm enough throughout the night, and now we feel confident that we have made it through our coldest weather, since tonight we should be camping at an elevation that is at least 3,000 feet lower than where we have been. We are very sad to be leaving the mountains, but we know there is plenty of beauty and adventure waiting for us as we venture into the second half of our trip.


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پايگاه اطلاع رساني شيعيان
Cemhaber İslam'ın Muhammed Ali Yolunda Ehlibeyt ve Kuran emanetlerine bağlı Dört peygamberi hak bilen hakikati arayanların sesi olmaya gayret ediyor
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Ali Saffari's Homepage
Welcome to my personal website. My name is Zakeria Ali and I am a software developer currently living in London, United Kingdom.
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Please feel free to comment or ask any question regarding Website Value Calculator (Website Worth) or SEO Tips


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Rabin The Last Day 2015 LIMITED BDRip x264-BiPOLAR
Rabin The Last Day 2015 LIMITED BDRip x264-BiPOLAR
Genre :Drama / History
Bitrate :981 kb/s| Video Resolution :720x390| Video Frame-rate :23.98 fps(r) (eng)
Audio : aac, 48000 Hz, stereo (heb)
File Size : 1.08 GB
Itzhak Rabin's murder ended all efforts of peace, and with him the whole left wing of Israel died. The movie shows the last of his days as prime minister, and what led to his murder.
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Gender: Girl
Meaning: Lakshmi
Origin: Hindi, Indian
Religion: Hindu
Abhijitha is a Hindu Girl name, meaning of the name is Lakshmi and origin of the name is Hindi, Indian. This name is mostly used in Hindu.
If you select the name Abhijitha for your baby, Congratulations! But if you don't like Abhijitha then please continue searching our site.
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341 posts tagged with headphones.
Displaying 151 through 200 of 341. Subscribe:
Can I use one set of headphones for two audio sources?
I'd like to plug one pair of headphones into two sound sources, and hear one, the other, or both. Help me find a "headphone toggle"? [more inside]
Why do my headphones sound louder when I switch them around?
Why do in-ear headphones sound much louder when I put the left-labelled one in my right ear and the right-labelled one in my left ear? [more inside]
How can I fix my headphones, without buying a new pair?
I broke the jack on my nice headphones. :( Is there some way to fix them? [more inside]
Headphone Help
So I had a pair of Shure E4c-n I really liked that got destroyed. I am thinking about buying a pair of Shure SE425s. Are there any comparable earbuds I should be checking out? A couple other things inside. [more inside]
Protecting my Precisssioussesss...
Headphone(NOTearbuds)Filter: Looking for a protective case for Beyerdynamic DT 770-PROs which were, apparently, designed for--and by--God himself! ;) [more inside]
Best earbuds for iPod?
What are the best reasonably-priced earbud-style headphones? I need a good set for use with an iPod and am looking to improve on Apple's white earbuds.
Block Out The Noise, Block Out The Funk
Great headphones for a noisy office in the $80-$120 range? [more inside]
MeFites, Countrymen, lend me your ear(phones) (suggestions)!
If money were no object, what are the best noise canceling headphones I could buy? [more inside]
Vintage find, so vintage there's no info.
I picked up a set of old headphones today at a yard sale for the princely sum of $1. They are Mura Sp-302. I can't seem to find any information about them via googling. [more inside]
I need a way for people to get my attention while I am wearing heaphones.
How to attract the attention of a be-headphoned person in a cube across an aisle facing away from the entrance without touching them? Ideally this would be inexpensive and not require any hardwiring. [more inside]
Hooking up RCA-out Record Player to headphones?
Hooking up RCA-out Record Player to headphones? [more inside]
Silent headphones?
I need help building a quiet work environment in a noisy house. Headphone recommendations needed. [more inside]
Recommendations for headphones and alarm clocks
What are your recommendations for 1] headphones I can wear to bed and 2] an alarm clock that will vibrate and wake me up? [more inside]
£50 in-ear headphones.
I'm looking for an all purpose (mainly speech) set of in-ear headphones. My budget is £50.
Can you hear me, that when it rains and shines?
What are good headphones for people with mild hearing loss? [more inside]
iPod headphone jack... of DOOM???
I think my iPod's (5G; 30 GB) headphone jack may be screwy. It seems to make headphones that penetrate it permanently screwy. Am I just screwed? [more inside]
Digital piano headphones speakers
using headphones with digital piano allowing piano speakers to function [more inside]
Headphones for motorcycle riding
When I ride my motorcycle long distances on the highway, I like to use sound isolating headphones to listen to quiet music and block the wind noise. I've tried several different headphones and nothing is quite right. [more inside]
Please help me find my ideal headphones.
Please help me find my ideal headphones. My price range is up to $200. [more inside]
Wireless headphones under $40
Recommendations for cheap wireless headphones? (Under $40) I've just destroyed my latest pair of headphones by tripping over the wire. [more inside]
Looking for a good quality noise cancelling neckband headset
What's the best noise cancelling neckband headset that's adjustable and similar in sound/noise cancellation quality to the Sennheiser PXC 150/250 series? [more inside]
Good, cheapish headphone recommendations please!
A simple question that has led me down many dead ends: what cheap-ish headphones would you recommend for someone (in the UK) who primarily wants to listen to music and recorded songs? [more inside]
I care too much about earbuds I break.
Another earbud question with maddening specificity. [more inside]
Headphone mania
Help me find USB headphones for Ubuntu. [more inside]
Am I Hearing Things?
Why do my headphones whine when going through security sensors? [more inside]
What are some great headphones for city walking?
I'm looking for headphones I can use while walking around town. Ideally, they will allow some noise to filter in (i.e., if I'm about to be run over by a bus!) but still allow me to hear podcasts and audiobooks clearly. Also, it would be great if they were compatible with an iPhone (mic and controls). I have trouble with two styles: earbuds (they are very uncomfortable) and over the ear loops, because they interfere with my eyeglasses. So far, I've not found anything remotely useful because I'm so picky. Thanks for any thoughts!
Which headphones are these?
In flapjax's Put A Spell On You post today, what headphones are they wearing? (The big flat white ones.)
Why does one side of my headphones keep dying?
My headphones keep running into the same problem: after several months of use, one side stops working. Why does this happen, and how can I fix them? [more inside]
How can I keep my ear buds IN MY EARS?
How can I keep my ear buds IN MY EARS? XL foam covers? Clamps? Rubber bands? [more inside]
Noise canceling headphones & the like: Help me stop the beat from going on.
My husband's been playing drums for about a year, and he's getting really good. Yay! Unfortunately, I sometimes have a really hard time concentrating on my work when he's practicing. Help me find some gear that will give me the quiet I need. [more inside]
Which iPod cable to use with my Sennheiser HD650 headphones?
Any recommendations for a high-quality iPod cable for my Sennheiser HD650 headphones? I've been a using a Cardas cable, but the cable's so heavy that it appears to be damaging the headphone jack on my iPod.
Good headphones for a corporate office environment?
What are good headphones (specific models) for a corporate office environment? I don't want to use noise-cancelling, but I also can't have the sound leaking out and disturbing people. But I don't want to lose all the low-end bass frequency!
Looking for headphones for listening stations
Headphone solution x 2. I'm looking for two pairs of headphones to mate with some listening stations at my record store. One is for a unit that's on the floor and accessible to everyone so should be corded so it can't be stolen (it connects to the unit inside the machine). The other we'd like a wire-free pair... however, the listening station has no wireless/bluetooth. Is there a dongle or something that can solve this? In addition, what headphones would you recommend in general, that give good sound, fit many size heads, and are reasonably priced? Obviously, earbuds are not appropriate. Thanks!
disable iphone auto-pause
When I am playing music on my iphone (3Gs) and the headphone plug is yanked out, the music automatically pauses. Can I disable this behaviour? [more inside]
The opposite of noise-canceling headphones.
Does there exist such a thing as headphones that allow/amplify/mix ambient noise in addition to the audio coming from whatever source they're plugged into? More or less the opposite of noise-canceling headphones. [more inside]
Upgraaade Me.
I hearts my Grado SR80s. But I need punchier bass. What are my options (for other cans, or whatever)? [more inside]
What kind of hardware jack does my Sleek Audio SA1 headphones use?
Help me identify this audio jack. [more inside]
Sturdy Headphones?
Can anyone recommend a DURABLE pair of headphones, primarily for computer use? [more inside]
My wife doesn't like the cord on her earbuds...
...so can anyone recommend a pair of earbuds with a cord that looks like a capital y (Y), not a lowercase y (y)?
I need a recommendation for an iPhone earbud/mic/controller combo that doesn't suck.
I need a recommendation for an iPhone earbud/mic/controller combo that doesn't suck. [more inside]
Earphones for a person with sensitive skin who travels on a bus
How can I keep listening to music on the bus without exacerbating my easily irritable skin with earbuds, or causing hearing loss? [more inside]
Champion Sound
Why does music on my MP3 player sound better with small earphones than with big headphones? [more inside]
Sing Me To Sleep
What kinds of earphones/earbuds can I wear to bed? [more inside]
What is the best in-ear headphone under $100 for use on long airplane flight?
I am in urgent need of in-ear earphones for use on a number of long flights I have to take in the coming months. I've narrowed down my choices to the Shure e2c or the Sony MDRNC22. The Shure is noise isolating, the Sony is noise cancelling. Which is better? The shure's seem to go deeper into the ear. Will that get uncomfortable?
Best sub $100 headphones?
Headphone Filter: Looking for a pair of quality headphones, but cant try them on because im out of the country. [more inside]
Help my desk buddy not kill me.
In search of: Headphones under $50 with low sound-leak. Bonus points if they are cute. [more inside]
headphones for my head
Another headphone buying question: what is the style/make/model/etc for me? [more inside]
Headphone buying help, please!
Big sale on headphones in Canada! But which ones to get? [more inside]
Oh nos! My favorite headphones are dying!
I love these headphones because the cord retracts. Brilliant, right? Yeah, Sony stopped making them. What other headphones can do this too? [more inside]
Headphones to take a licking and keep on ticking
What are the sturdiest headphones you've ever owned? [more inside]