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WARNING: The following article contains very explicit language meant for an adult audience. I do not recommend reading this at work, school, libraries, or any place where someone could be looking over your shoulder. In fact, I suggest only reading this in your bedroom with the door locked, under your covers, hidden deep within the comforting embrace of darkness.
That being said, what the hell is up with modern fuck sites? Remember a time when you could type in the perversion that you wanted to see, hit enter, and then see perverted perverts doing that perverted perversion? Maybe it makes me sound old to say that I miss those days, but modern porn sites have gotten flat-out weird. For instance ...
5People Keep Spitting On Each Other's Filth
Roger Weber/Photodisc/Getty Images
Several years ago, I was watching a standard "blowjob, return the favor, bone-it-up, money shot" porn. There was nothing special about it. No specific fetishes, no extra props, no weird costumes or contortionist positions. But right in the middle of the oral sex part, the girl pulled back, looked the dude dead in the eyes, and aggressively spit right on his big ol' hog. I stopped the video about a quarter of a second later and made the "ewww" face.
It was weird and gross, but I figured I had just stumbled upon some oddball video meant for spit fetishists. I wrote my dong an apology letter and moved on.
Andrea Chu/DigitalVision/Getty
"Hi, Dong. No, there's no need to stand up. I'll be quick."
However, slowly, over the course of the next few years, I started seeing more of that. It got to where someone was spitting on genitals every 20 videos. Then every 10. Now it's damn near a staple of the average porno, and it's goddamn weird and gross, and PLEASE STOP DOING THAT!
To be clear, I'm not talking about porn stars who are just being liberal salivators during the "lick my crotchal zone" scenes. I'm talking about people who are rearing back, pursing their lips, allowing anger to wash over their bodies ... then spitting on someone else's genitals like a war movie spy spitting in the face of his interrogator. Then they just go back to work like that didn't just happen.
If my wife ever pulled back and full force spit on my floppy region, I'd assume it was an act of revenge. Or, at the very least, a challenge to a naked MMA match. I'd wonder what I did to make her angry. Or maybe my dick insulted her while I wasn't paying attention? Did she see a spider on it, and that was her attempt to drown it?
Duncan Smith/Photodisc/Getty
You're welcome!
The thing is, these aren't fetish videos at all. Well, I suppose the very act of watching porn could be considered a fetish, but you know what I mean. It's not like they're labeled "awesome cock spitting scene" or "butthole spitter has perfect velocity." They are perfectly normal sex videos in every other way. But somewhere along the line some porn director saw it happen in someone else's video and thought, "That is so hot! I have to have that in my next movie!" Then another one, and another, and another ... until it became a normal thing to do. You lick that vagina, and then angrily spit on it. That's a totally normal part of sex to them.
4The Search Results Can Be ... Um ... Disturbing
Milan_Zokic/iStock/Getty Images
There's a long-running, behind-the-scenes joke at Cracked in which we're pretty sure that our Google searches have landed us all on some government watch list. It's probably closer to the truth than a joke, because we've had to research articles on pedophilia, mass murder, terrorism ... hell, I've personally researched suicide, murder, and "how many Tramadol would it take to kill a person" in the same day. There's a reason I'm telling you this, so don't get your nuts in a bunch. Yes, it relates to porn.
Knowing that I use a couple hundred search terms per day, and knowing that I use the same account for all of that, it's not surprising that Google regularly asks me things like, "Did you mean 'how large is Bigfoot's dick'?" Which, of course that's what I meant. Nice save, Google. Now imagine how weird that gets if I decide to type in some porn search terms.
Well, that exists. And now I know.
That thought is disturbing on its own, but wait, because it gets worse. A lot worse ...
What's really disturbing is when I get a brand-new computer. Perfectly clean hard drive. I'm not signed into any accounts at all. There is no search history connected to my computer in any way. If I start searching for basic porn, I will inevitably get at least one return that suggests incest. And there's a reason for that: Among the most popular porn search terms in the world is "mom," "step-mom," and "aunty."
So now we run into tons of cases where even if the video itself is just a plain ol' everyday MILF flick, the porn sites will throw in titles like this:
They're catering to their audience. And their audience is searching for those videos en masse. Check out the view counts on this search, and keep in mind that I didn't include the words "brother" or "sister" at all. I used just a blunt, average search for "sucking dick":
Note the ratings. Evidently, some of this was just incesty enough to be above average. While others were apparently a solid B+ in the "sister blowjob" category. I dunno ... if I'm searching for basic porn, and the sites start trying to show me that sweet mom-on-son action, that's my cue to shut that shit down for the night and consider all of the ways my life would be different if I finally said fuck this and shot my computer out of a cannon.


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Berried in Chocolate Cocktail
Total Time
Prep 3 mins
Cook 0 mins
This is adapted from a cocktail I had at Crown Casino in Melbourne. I tried to re-create it at home & think I made it even better than they did. Hope you enjoy!
Ingredients Nutrition
- 6 large strawberries, hulled
- 30 ml white Creme de Cacao
- 30 ml chocolate liqueur or 30 ml chocolate schnapps
- 30 ml Malibu rum
- 15 ml strawberry liqueur or 15 ml strawberry schnapps
- 60 ml cream
- ice
- chocolate syrup, optional to line glass (optional)
- strawberry syrup, optional to line glass (optional)
- Line martini glass with syrups if using.
- Place remaining ingredients in a blender & blend until smooth.
- Serve.


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Taking place at Lincoln Center in New York City, The Fragrance Foundation's 2011 FiFi Awards ceremony celebrated excellence in fragrance creation and marketing.
2011 FiFis Celebrate Fragrance Winners
July 20, 2011
Fill out my online form.
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4/6/2016, Arcadi Boix Champs


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Refried Bean Soup
Total Time
Prep 10 mins
Cook 10 mins
When I make this recipe I usually just use the beans, broth and salsa. Sometimes, however, it's just fun to spice it up. 1 point per serving for Weight Watchers. This recipe is core.
Ingredients Nutrition
- 2 teaspoons olive oil
- 1 large onion, chopped
- 1 medium green pepper, chopped
- 2 teaspoons garlic, minced
- 1 (14 ounce) can refried beans
- 1 (5 ounce) can corn
- 1 (14 1/2 ounce) can chicken broth
- 1 (16 ounce) jar salsa
- 1 (15 ounce) can black beans
- 1 (15 ounce) can kidney beans
- 1⁄2 teaspoon cumin
- Heat oil.
- Add onion and green pepper.
- Cook until tender.
- Add garlic, broth, salsa and corn.
- Raise heat to medium high and bring to a boil.
- Rinse beans and add to the pot.
- Bring back to a boil.
- Stir in refried beans and cumin.
- Stir well and simmer.
Most Helpful
I tried this soup last night and really enjoyed it. It' so easy and quick. My vegetarian daughter liked it too.
This is a very good soup recipe, however upon further investigation, this recipe is too good to be true. You cannot count the 23 grams of fiber to calculator the WW points. You can count only up to 4, which would make the soup 9 points per serving. Even under the old WW plan, you can only count up to 10 grams of fiber. A great soup recipe for those not counting points.


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We are providing Import Export Services. We export Fresh Indian Vegetables, Fresh Flowers, Fresh Fruits, Turmeric, Red Chilli, Coriander, Garlic, Red Onions, Small Onions and other commodities per clients requirement.
Ssv Imports And Exports
I Main Road, Iyer Thottam, Lic Colony, Kk Nagar, Trichy - 620021, Tamil Nadu , India


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I will write an Online Company marketing plan(212) 1 Orders in Queue
About This Gig
★24/7/365 Customer Support★
Full Online Marketing + Business Plan (each 18 pages) + 1 Day Delivery - $20.
- We hope you will enjoy your Online marketing plan half as much as we will enjoy creating it for you!
- Start your online business now!
Our highly qualified team of business consultants and professionals will write a Perfect OVERALL Online Company Marketing Plan.
We can write a marketing plan for different Online Companies:
✓ Online Store.
✓ Online Retailer/Wholesaler.
✓ Online E-commerce Websites.
✓ Online Boutique.
✓ Online Platform Websites.
✓ Online Social Networking Websites.
✓ Online Businesses, Directories, Matchmakers.
✓ Online E-commerce Websites.
✓ Online Boutique.
✓ Online Platform Websites.
✓ Online Social Networking Websites.
✓ Online Businesses, Directories, Matchmakers.
What we need from you?!
- Your Company name.
- The Online Company Marketing Plan which you want.
What you will get?!
★ A specially created marketing plan, which contains the most important information for your business: Marketing Vision, Goals, Market Needs, Marketing Mix, Strategic Goals, Keys to Success, Critical Factors, Picture, Marketing Description, Core Strategy, Product/Service Innovation, Marketing Materials, Web Plan, Social Media Plan, SWOT.
How many pages and what format?!
★ 20 Pages + New Document Design in Word Format.
Frequently Asked Questions
Who We Are?We are a young team, consisting of different marketing planners and enthusiasts that are looking to help, upgrade, or change your business for good. Our team is creating a wide range of business and marketing plans on a daily basis for each kind of business you may know, so we BELIEVE we can help!
Why to Choose Us?We are the Top Marketing Planning Solution in Fiverr with more than 12,000 completed orders and more than 6600 profile reviews. We are not looking for clients only, but for a long-term relationship, where you can trust us and ask for anything you want to know after getting your finished product :)
What will be included in My Marketing Plan?Your plan will include: Marketing Vision, Goals, Market Needs, Marketing Mix, Strategic Goals, Keys to Success, Picture, Marketing Description, Core Strategy, Product/Service Innovation, Marketing Materials, Web Plan, Social Media Plan, and Different Marketing Strategies.
What is the Delivery Time?You will get your plan within 1 day for FREE :) With the Super fast delivery you will get your plan within 4 HOURS Delivery (GET IT NOW FACTOR) for (+$5). Our team will make sure to provide you with the fastest way to get your plan :)
What is the Information that we need from You?We need some very simple but helpful information, including: Business name (so we can include it in your plan), History of the Company, Products or Services, Industry, Location, Target Market & Possible Clients, Business owner (so we can include your name). Let us help you :)
How we Create the Plan?Hey! Minutes after providing the needed information, we would start your plan by carefully checking everything you sent - based on our gig description & gig Points. Please note that we create the plan only Based on Your Business and Our Description. Let us help you :)
Will I get some Extras/Freebies?100% Yes!! For Each order Above $10, you will get Freebies from our Gig Extras. Our Mission and Vision is to enhance your business in each possible way, so we will really do our best to help you! The more Extras you purchase, the more Freebies you will get :) Warmest Regards, Lubo
Will I get some Revisions if needed?We promise that you will get at least 2 Absolutely Free Revisions if you need them. Our hard working team will make sure that you will get your revision within 24 hours as we know that you need the Finished Product in a great quality! Let us help you :)
TOP Packagesa) LIMITED OFFER - $20 (Marketing + Business Plan = 18+ PAGES Each & 1 Day Delivery. b) BIZ TOP MATE - $45 (Marketing + Business Plan = 20 PAGES Each + Financial Samples & 1 Day Delivery. c) BIZ TOP MATE with 4 HOURS Delivery - $55. d) BIZ TOP MATE + Company Profile Presentation - $70.
What are the Extra Pages?Thank you for your interest! With the Extra Pages you will get more content based on your Business, Industry, and our gig Description (Points). You will get more strategies and quality information for your company, idea, or start-up. Let us help you!


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American recording artist Kendrick Lamar is set to take to the stage tonight at the annual iTunes Festival.
The festival which streams live from the Roundhouse in London all this month has featured and will feature some of the biggest names in music including Lady Gaga, Chic featuring Nile Rodgers, The 1975, Arctic Monkeys, Kings of Leon and many more.
While the festival doesn't have long to go the lineup still has plenty to give. The iTunes Festival still has Haim, Ellie Goulding, Jessie J, Robin Thicke, Pixies, Primal Scream, Tinie Tempah, Dizzee Rascal, John Legend, Justin Timberlake and Katy Perry all set to perform.
Tonight though will see Kendrick Lamar take to the stage from 9pm with support from Schoolboy Q at 7:45pm.
Kendrick Lamar gained attention after he released his fourth mixtape 'Overly Dedicated' in 2010. Following this release he went onto release his independent debut album 'Section.80' which was received well by fans and was made available exclusively through iTunes.
The album went onto be one of the most successful hip hop albums of the year.
Lamar had a large following on the internet early into his career and before releasing his debut album he had already worked with Drake, Young Jezzy, Dr. Dre, Busta Rhymes, Lil Wayne and many more.
He released his debut studio album 'good kid, m.A.A.D city' on the 22nd of October 2012 which once again was hugely successful.
From the album he released a number of tracks which performed well in the Official UK Top 40 including 'Swimming Pools (Drank)'. 'Bitch, Don't Kill My Vibe' and 'Poetic Justice'.
The album had continued success as it eventually was made platinum by the RIAA (Recording Industry Association of America) and in early 2013 Kendrick Lamar was crowned the 'No.1 Hottest MC in the Game' on the MTV annual list.
Kendrick Lamar will take to the stage from 9pm tonight while Schoolboy Q will perform from 7:45pm. The stream for both will be available on your iTunes app which is also available on select smartphones and tablet devices.


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Social Community Manager
We're looking for a talented Social Community Manager to grow ThirdLove's brand awareness by owning some of our most important customer touch points. This role will be responsible for posting and optimizing all social channels and will assist in special marketing projects.
What You'll Do
- Work with Marketing Manager to create an on-brand social strategy to increase engagement across all channels
- Post on Facebook, Instagram, and Snapchat, develop and test plans to increase engagement and provide monthly status reports
- Create boards on Pinterest and Polyvore with on-brand and trend relevant content
- Join the conversations and post on Twitter when it's brand or business relevant
- Publish 1 compelling blog post per week that corresponds with overall marketing/editorial calendar.
- Manage the flow of creative assets between the creative team and photographer, ensuring that all deliverables are met
- Assist with special projects for PR and Marketing
About You:
- 2-4 years in a social marketing or community management role
- You're a social expert who knows each native platform inside and out
- Hands-on experience posting and engaging across all platforms
- Understands the importance of brand and can interpret appropriately for social
- Demonstrated ability to work cross-functionally
- Excellent writer and communicator
To apply, please send an email to email@example.com attaching your resume and any other information you'd like to share.


text:
Stock #112458 -
If you are in the market for a fishing, look no further than this 2002 Boston Whaler 220 Dauntless, priced right at $22,495 (offers encouraged).
This boat is located in North Falmouth, Massachusetts and is in good condition. She is also equipped with a Mercury engine that has 512 hours.
This listing is new to market. Any reasonable offer may be accepted. Submit an offer today! Reason for selling is original owners just don't use it enough At POP Yachts, we will always provide you with a TRUE representation of every vessel we market. We encourage all buyers to schedule a survey for an independent analysis. Any offer to purchase is ALWAYS subject to satisfactory survey results. We appreciate that you took your time to look at our advertisement and we look forward to speaking with you!
The email with password reset instructions has been sent to . If you will not receive email from us within next few minutes please check your spam folder.
If you're having issues resetting your password let us know.


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PC Games
This page contains Cheats for Jersey Devil organized by sections for PC. If you can't find a hint or secret in our list, then please check this page periodically for the latest updates.
Boxshot & Details
- Developer: Not Set
- Publisher: Not Set
- Genre: Not Set
- Release: Not Set
- ESRB: Not Set
From: bobo007
From: chimabloskee
From: max3925
Submit Cheats
If you know cheat codes, secrets, hints, glitches or other level guides for this game that can help others leveling up, then please Submit your Cheats and share your insights and experience with other gamers.
Ask a Question
Stuck in this game? Set a specific, clearly defined question and let other gamers answer your question or view answers to previously asked questions. If you think you are an expert then please try to help others with their questions.
Your Question
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text:
- Worldwide Rank #86,277,904
- Follower/Following Ratio 0.2
- Daily New Followers 0
Desiree bull Twitter Stats
@01Gherasm - Tracking Desiree bull Twitter profile since January 23, 2014
Desiree bull Tweets
@01Gherasm has posted 0 tweets in the last 13 days, which translates to an average of 0.0 tweets per day.
Desiree bull Twitter Followers
@01Gherasm has 32 followers on Twitter.
This account is #86,277,904 in the worldwide rank of the most popular Twitter users.
Desiree bull Following on Twitter
@01Gherasm is following 164 Twitter accounts.
Last month this account stopped following 5 users.
Desiree bull Predictions & Milestones
@01Gherasm will hit 33 followers in the next 3 months, and 35 in one year.
You are on Desiree bull's Twitter stats page
We track these Twitter stats since January 23, 2014 . You can see how many followers Desiree bull lost or gained and what the prediction is for tomorrow or the next 15 days, together with all kinds of other stats like rank compared to all Twitter users, tweets etc.
Why don't you give it a try and compare Desiree bull to yourself ? Or if you are Desiree bull get even more feature rich & up-to-date stats with our premium Twitter Stats.
Twitter Counter is the #1 Twitter stats site powered by Twitter. It all started in June 12, 2008 and we grew rather rapidly because of our Twitter Counter badge. The button is a nice small image that shows your visitors how many followers you have on Twitter. Within a year the button was on many many blogs around the world and we displayed more than 100 million buttons in one month. We track follower stats for over 180 million users now.


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About the Petition
LGBT refugees seeking asylum in Australia are being relocated to Papa New Guinea, where being gay could land them in prison. The Australian government recently announced they will turn away any refugee who doesn't have a visa without taking sexual orientation into consideration.
The change in refugee policy came in July after Australia saw a sharp incline in asylum-seekers. However, by turning away refugees, they are violating the United Nations Refugee Convention. Currently, Papua New Guinea has no plans to decriminalize homosexuality, and Australia does not intend to pressure the PNG government to change their laws.
Australia needs to protect these refugees; it is one of the few countries in the area that accepts LGBT people. Stand with All Out and urge the Australian government to harbor LGBT refugees seeking asylum.
Photo Credit: Daniel Munoz


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Spacious town house in a very secure complex. Beautiful spacious bedrooms with wooden flooring. Well designed kitchen which can accommodate three appliances and a double door fridge. The entire property upgraded with exquisite finishes. Fully tiled 6x8m double garage linked to kitchen. Located within walking distance to English and Afrikaans schools. Small garden with irrigation system. Great value for money. Extras include: Intruder-proof windows. 5X Air conditioners.
Agent's Professional Fee is included in the price advertised.


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Send Victoria a message explaining your needs and you will receive a response shortly. Have you already emailed Victoria or another tutor? If so, you have an account! Sign in now
If you select this option, Wyzant will ask interested tutors to contact you by email if they are able to help. A maximum of five different tutors will email you and none of your personal information, including your email address, will be released.
Wayne State University (Elementary Education)
Hello and welcome to my profile! My name is Victoria and I recently graduated from Wayne State University with a degree in Elementary Education. Through my experience working with children and my own experience as a student, I have come to realize that patience is what makes a successful student.
I first realized that tutoring is something I greatly enjoy when I got the opportunity to tutor my junior class in high school. I love providing my services to people and I love that expression when I am explaining something and someone finally gets it. My tutoring style is very simple: patience. I believe that every student learns differently and I always keep that in mind when I am tutoring. When explaining materials in a subject, I use everyday ideas to explain what I am trying to teach.
My most recent tutoring experience was when I worked with some elementary children at a local school. I helped them with all areas of their school work including math, science and some Spanish (I am not fluent in Spanish but I do understand some words). Students seek me because they enjoy the way I present their course information in story form which makes it a little easier to understand. I am a very patient person with a passion for providing my help to people. The best feeling comes from seeing the expression on a student's face when we have worked on a certain subject area and they finally understand it. Hello and welcome to my profile! My name is Victoria and I recently graduated from Wayne State University with a degree in Elementary Education. Through my experience working with children and my own experience as a student, I have come to realize that patience is
Approved subjects are in bold.
In most cases, tutors gain approval in a subject by passing a proficiency exam. For some subject areas, like music and art, tutors submit written requests to demonstrate their proficiency to potential students. If a tutor is interested but not yet approved in a subject, the subject will appear in non-bold font. Tutors need to be approved in a subject prior to beginning lessons.
I am in the College of Education at Wayne State University and I am currently working towards my bachelors in elementary education with a focus in science. I was previously a premedical student so I was required to take many advanced science courses. I have taken a majority of the biology courses dealing with plants, animals and human development. In the area of chemistry, I have taken up to organic chemistry. Biology is my strongest point but I am also very proficient in the chemistry area. This past summer, I took my Physical Science for Elementary teacher course required for my program and passed with an A. Science is my favorite subject and it is the one I am most comfortable teaching.
I am a very patient person and have lots of experience working with children. I have volunteered at Harms Elementary school in Detroit and have enjoyed helping the students with their reading, spelling, science and math. Teaching is my passion and I love working with kids because I believe all is needed is a little patience.
Michigan Elementary Education Teaching Certificate- received May 2015
Pre-Algebra is one of my strongest areas in math. I have taken up to Pre-calculus in my math education.
Patience is Key (Certified Teacher)


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Steamboat Lake State Park Campground is a lightly trafficked trail located near Clark, CO and features a lake. The trail is primarily used for hiking and camping and is accessible from May until October. Dogs are also able to use this trail.
dog friendly
hiking4 months ago
It's not a bad hike. The scenery is beautiful. We hiked ~1.5m out and back from the visitor center to the campground. There is about 1/2 mile just on the side of the road which wasn't great. We had limited time so we had to head back. I think a better hike given our time constraint might have been starting at the campground and walking around the lake a bit.


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Super 8 Waltham hotels are listed below. Search for cheap and discount Super 8 hotel rooms in Waltham, MA for your group or personal travels. We list the best Super 8 Waltham properties so you can review the Waltham Super 8 hotel list below to find the perfect place.
This website will also provide discounted Waltham, MA properties that have similar star rating to Super 8.Need 5+ Rooms? Lock in a group rate for Waltham MA
How should we direct your call?
Located in Brockton, Super 8 Brockton is convenient to Brockton Fire Museum and Fuller Craft Museum.


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Search For Missing Woodbury Man Could Lead To More Drone UseMinnesota Sheriffs' Association officials said the recent use of a drone in the search for a vulnerable man who had disappeared from his Woodbury home is a sign that drone use is going to increase.
Police: Missing Teen With Autism FoundOfficials in Woodbury are asking for the public's help in locating a missing teen with autism. According to Woodbury Public Safety, 18-year-old Austin Sager has been missing since Tuesday afternoon. He was last seen at 4 p.m. near Woodbury or Cottage Grove.
Report: Chicago-Based Portillo's Eyeing Woodbury For Next LocationChicago is making a move on the Twin Cities. Or, at the very least, their food franchises are. Last year, Giordano's opened a pizzeria in Minneapolis' Uptown neighborhood. Now, Portillo's is following suit.
Prep Blog: Week 8, Previewing 'The Big 4'It's a short week of preparation as most high school football games are Wednesday night, and many sub-district titles are on the line.
Chemist Pleads Guilty For Role In Woodbury Teen's Fatal OverdoseThe man who made a hallucinogenic drug that killed a 17-year-old Woodbury teen in January 2014 has pleaded guilty in connection to the case.
Wisconsin Veterinarian Charged In Sex Trafficking InvestigationA Wisconsin veterinarian is facing sex trafficking charges after a weeks-long investigation in Minnesota.
WCCO Radio Rally: August 31stIt's week #1 of the high school football season! Here's the WCCO Radio Rally Power Poll and Games to Watch for the start of football this week.
London Has Unfinished Business At East RidgeMaybe Dominik London is successful because he likes it at Woodbury's East Ridge High School, where the toughest part of the game is on the practice field.
4 Things To Do Today From Saturday, August 6, 2016It's a #Top10WxDay Saturday, and there's plenty to do in the Twin Cities. Here are four ways to get out and enjoy this gorgeous summer day!
Woman Accused Of Treating Nanny Like Slave Denies ChargesThe attorney for a Minnesota woman accused of beating and starving a woman she brought from China to work as a nanny says his client denies the charges.
Woodbury Woman Charged With Human Labor TraffickingA Woodbury woman has been charged with multiple counts related to human labor trafficking.
Dashcam Shows Motorcyclist Crashing Into Unsecured Load On I-94Minutes after buying protective gear, a Hudson motorcyclist needed it in a major crash on I-94.


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Slide to see the images
Piper is a 2 year old scruffy Yorkie/Dachshund mix. He weighs 12 pounds and came into rescue thru no fault of his own. This little guy is friendly and outgoing. He gets along well with other dogs and I suspect cats too. When he wags his tail, his whole body wags too. Piper is now neutered, fully vaccinated, known to be heartworm negative and is on monthly heartworm and flea preventive. His adoption fee is a tax deductible donation to the rescue in the amount of $450.


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A bit better today
Monday, July 08, 2013
It's late but today was a little bit better day. DH and I talked last night. I laid it all out on the table about going out to Colorado and to Illinois. He might have come up with a way for us to both but we'll just have to see. He knows how I feel about this feeling like I need to go out to Colorado to visit my grandpa. So, right now we've got some possible ways to make it happen for both of us to go out to Colorado but for now we just have to do what we can and wait to see what happens. Things always work out for the best it seems but the waiting to see what is going to happen is enough to drive me insane at times.
As for the hospital bill, I've decided to make payments on it. We could pay it off but they are willing to accept payments and that's what I'm going to do for now. I feel like I need to go see my grandpa and paying off the hospital is less important to me at the moment than going out to Colorado. I don't like being in debt. That's why it's the ONLY debt we have right now. So, I'm not too terribly worried about it. I know the hospital will get paid all of the money I owe them in the end.
I haven't touched that blasted sewing machine today and my mood has been better because I haven't.
Who would have guessed that something like that could affect your mood?! I'm going to try to mess with the stupid thing a little more to see if I can get it to work. If I can't I guess I'll just have to do the sewing by hand. I don't want to but I will if I have to.
I did get plenty of movement this past week. I only did 2 days of formal exercising, so to speak. However, I did do around 45 minutes of walking Thursday and another day this past week. Plus I mowed our yard which took me about an hour with pushing the thing up and down hills and such. I just need to remember to have patience with the process. I usually am but sometimes I just get tired of having patience with the process.
I've been letting too many things get under my skin and I need to stop. It's not always easy to keep emotions under control. Anyway, I appreciate all of you and letting me gripe and cry on your shoulders. I will try to make more positive blogs.
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Wow sounds like we were both needing to let off some steam yesterday. I hope you guys get everything worked out for a trip to Colorado. Its good that y'all talked everything out because now you can be on the same page with everything.
and prayers for you, my friend. Hope today was better.
1247 days ago
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It's wonderful that you and your DH have talked and come to an agreement and a plan - that's what a partnership is all about!
And yes, a payment plan for the bill is great (as long as they don't charge interest) - so much easier on you bank account!
Hope it all works out!
1247 days ago
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I SOOO know where you are coming from. You've got a raw nerve, just try to stay calm and do what you can to get by.
1247 days ago
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You are very raw emotionally right now, so things that normally wouldn't seem a big deal seem huge. I'm glad things are looking up for you, and I hope you can work out a way for you both to get to Colorado. If making payments to the hospital is the way that you can make it happen, then that's what needs to happen. You can always make bigger payments as you are able and pay them off quicker when you get back.
Sewing machines and I are like oil and water. Seriously. I've tried on more than one machine, but always end up with tangled thread, broken needles, torn material, etc. At this point if I need something more complicated than replacing a button it falls in hubby's domain.
1248 days ago
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Glad things are looking a little better!
1248 days ago
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I hope everything works for you both-that would be
Have a great day!
1248 days ago
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I hope you can have a safe trip out to see your grandpa. Forget about the darn sewing machine, it will be there for you whenever. Hugs.
1248 days ago
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What a blessing to work toward a solution with your partner.
1248 days ago
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Setting priorities is always a good place to start when trying to figure something out. Sounds like its working for you. You know, the last sewing machine I had did the same thing to me-- not cooperate! Now I sew everything by hand, which means no really big projects, but, what the heck. Glad to hear life is back on track, and you're feeling better. If you need to vent again, we're here for you.
1248 days ago
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It is healthier to vent than to keep things bottled up inside..I hope you feel better for it.
1248 days ago
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Biotene Dental Products, Dry Mouth Gum, Sugar Free Mint, 16 Pieces (Discontinued Item)
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Shipping Weight:?0.12 lbs (0.05 kg)Shipping WeightThe Shipping Weight includes the product, protective packaging material and the actual shipping box. In addition, the Shipping Weight may be adjusted for the Dimensional Weight (e.g. length, width & height) of a package. It is important to note that certain types of products (e.g. glass containers, liquids, fragile, refrigerated or ice packed) will often require protective packaging material. As such, these products will reflect a higher Shipping Weight compared to the unprotected product.
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|Supplement Facts
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Brilliant couldn't live without it. We can't get it anymore in Britain so really glad I can order it from you.
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Loses flavor rather quickly. I didn't notice any help with dry mouth. This gum just made me more thirsty. Wasn't to badly priced. Maybe this works for you.
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I keep these in my purse and in the car always. I have dry mouth and prone to cavities because of the issue. This gum brings real relief and is a part of my overall care for healthy gums and teeth.
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|Art of the Mustang
|Motorbooks - 2015-08-01


text:
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- Lightweight and foldable for easy portability
- Unique twist valve provides customized comfort
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- For use in scooters, office chairs and in the car
- Dynamically adusting cells for even pressure distribution
ROHO LTV Seat
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daniel m. from bellville, oh (caregiver)
Female 68 years old. Stroke, left leg and arm paralyzed.
Easy to use.
Not knowing how much air to inflate.
Reviewed on 09/26/2016
irene w. from clark, nj (caregiver)
My husband is in a wheelchair due to a BKA of his left leg. His use of a prosthesis is happening, but for now most of his time is spent in the w/c.
Pump provided to inflate the cushion.
A little too small.
Reviewed on 09/22/2016
william c. from phoenix, az (caregiver)
My wife is over 65 and developed a bedsore in 2009 while recovering from surgery. She has a Roho she received then but this one fits in her chairs.
Size and portability.
Haven't discovered a weakness.
Reviewed on 09/07/2016
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I am a 67 year old male paraplegic, T9 level.
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I like the cushion because it is easy to take with you and it is very comfortable. I am thinking about geting another one.
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The cushions are better than solid cushions to relieve pressure
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Both people that use the cushion are mostly chair bound.
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Not provided
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Senior citizen in a wheelchair. Uses it in wheelchair and recliner
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text: Hey, So I have an iPhone 3G with Rogers. It was previously jailbroken, and I wanted to remove it and go back to default. It was all successful! However, I'm wondering if there are still anyway they'd know I jailbroke? I did a shift+restore to a firmware I downloaded off the internet which was un-touched but this was because I have dial-up so I downloaded it when I had WiFi access at a hotel. Thanks again, Brendan


text:
Och-Ziff loss03 Aug 2011
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Och-Ziff unveils widened second-quarter loss
Och-Ziff Capital Management unveiled a second-quarter net loss of $93.4m (€65.6m), higher than the $89.4m registered during the year-ago period, as earnings remained hampered by charges related to its 2007 flotation.
However, the quoted hedge-fund manager said its "distributable earnings", which calculate cash flow to investors and which analysts track, rose 19% on a year-on-year basis to $67.7m as total revenue surged 13% to $128m, driven by higher management fees and incentive income.


text:
- Score:
- rated 4.32 / 5 stars
- Views:
- 88,677 Views
- Share Links:
- Genre:
- Adventure - Point 'n Click
- crime
- tnt
- pastelgames
Credits & Info
- Uploaded
- Aug 8, 2011 | 3:40 PM EDT
- Frontpaged August 9, 2011
- Daily 2nd Place August 9, 2011
If you liked this, check these out!
Author Comments
Rated 4.5 / 5 stars
Well done and a little creeepy!!!
Very good art and ambient music.
Riddles not too hard.
Rated 3 / 5 stars
It's a pretty great game, but I encountered a bug. I managed to skip getting painting #2 while examining the crime scene, so I couldn't complete the game since I couldn't link the paintings. I checked the walkthrough when I got stuck to find the exact spot (since it was weird that "Painting #1" and "Painting #3" were there but not #2), but it had disappeared by that point....
Rated 5 / 5 stars
I feel like i'm playing L.A Noire all over again. Great game LOVED IT!!!!! please make more......MORE!!!!!
Rated 5 / 5 stars
This game is really great, but I thought I was going to play Rizzoli and/or Isles, not a detective separate from them. Still, you did an awesome job making this so kudos to you!
Rated 4.5 / 5 stars
I wish there was a full game like this that would be so cool


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February 9, 2011
GERALD WILSON, PLAINTIFF,v.M. MCDONALD, ET AL., DEFENDANTS.
Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a complaint filed pursuant to 42 U.S.C. § 1983. Pending before the court is defendant Clark's motion to dismiss plaintiff's first amended complaint, filed June 10, 2010. Plaintiff opposes the motion.
On March 25, 2010, plaintiff filed a civil rights complaint alleging violations of his Eighth Amendment rights. On May 25, 2010, plaintiff's complaint was screened pursuant to 28 U.S.C. § 1915A and dismissed for failure to state a claim. Plaintiff, who was granted leave to amend, filed a first amended complaint ("FAC") on June 10, 2010.
By order dated September 15, 2010, the court determined that plaintiff's amended complaint stated a cognizable claim for relief against defendants Clark, Diaz and Lopez.*fn1 On December 17, 2010, defendants Diaz and Lopez filed an answer. Also on December 17, 2010, defendant Clark filed the instant motion to dismiss for failure to state a claim. Plaintiff filed an opposition on January 3, 2011.
Plaintiff's allegations as to Clark are reproduced here in their entirety: On May 13, 2008, Plaintiff was assigned to be transfer [sic] to High Desert State Prison [from Corcoran State Prison]. At this time about 8:00 p.m. on May 13, 2008, Plaintiff was seen by (LVN) Clark who ask [sic] Plaintiff do [sic] he have any medical concerns. At that time I Plaintiff explain [sic] to (LVN) Clark that I have a back injury from a fall out of a [sic] upper bed at Corcoran State Prison, I have a bed order for a lower bed in my medical file and I have been order [sic] some pain medication. (LVN) Clark said I would be seeing a doctor within
(10) day [sic] which never happen [sic], and I was not assigned a lower bed, and did not receive any pain medication until September 25, 2008. [Citation omitted.] (FAC at 7.)
Rule 12(b)(6) of the Federal Rules of Civil Procedures provides for motions to dismiss for "failure to state a claim upon which relief can be granted." Fed. R. Civ. P. 12(b)(6). In considering a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), the court must accept as true the allegations of the complaint in question, Erickson v. Pardus, 551 U.S. 89, 127 S.Ct. 2197 (2007), and construe the pleading in the light most favorable to the plaintiff. Scheuer v. Rhodes, 416 U.S. 232, 236 (1974). In order to survive dismissal for failure to state a claim a complaint must contain more than "a formulaic recitation of the elements of a cause of action;" it must contain factual allegations sufficient "to raise a right to relief above the speculative level." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 554 (2007). However, "[s]pecific facts are not necessary; the statement [of facts] need only 'give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.'" Erickson, 551 U.S. 89, 127 S.Ct. at 2200 (quoting Bell Atlantic at 554, in turn quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)).
Although the court previously issued a screening order that expressly stated that plaintiff stated a cognizable claim against Clark, the court finds that this finding does not foreclose Clark's right to bring a motion to dismiss on the same grounds. See Teahan v. Wilhelm, 481 F. Supp. 2d 1115, 1119 (S.D. Cal. 2007) (finding that the screening and dismissal procedure under the Prison Litigation Reform Act "is cumulative of, not a substitute for, any subsequent Rule 12(b)(6) motion that the defendant may choose to bring"). The court will consider the merits of defendant's motion to dismiss.
On October 18, 2010, plaintiff received the notice required by Wyatt v. Terhune, 305 F.3d 1033 (9th Cir. 2002), for opposing a motion to dismiss for failure to exhaust administrative remedies pursuant to Rule 12(b) of the Federal Rules of Civil Procedure.
Defendant seeks dismissal on the ground that plaintiff did not identify him as a defendant in the FAC and did not allege any facts establishing liability. Plaintiff argues that his failure to identify Clark as a defendant should be excused because he is proceeding in pro per. Plaintiff next argues that Clark is liable for the delayed provision of medical care upon plaintiff's transfer to High Desert State Prison ("HDSP"). That is, plaintiff claims for the first time in his opposition that Clark failed to inform custody staff that plaintiff was to be housed in a lower bunk and failed to ensure that plaintiff would be seen by a doctor within ten days. Plaintiff asserts that this theory is implicit upon examination of the documents attached to the FAC.
Plaintiff is correct that federal courts have been instructed by the Supreme Court "to liberally construe the 'inartful pleading' of pro se litigants." See Eldridge v. Block, 832 F.2d 1132, 1137 (9th Cir. 1987) (citing Boag v. MacDougall, 454 U.S. 364 (1982) (per curiam). Nonetheless, federal courts may not invent theories of liability or factual allegations for pro se plaintiffs. Unfortunately for plaintiff, he did not identify his theory that the delayed provision of medical care at HDSP was attributable to Clark and did not detail any factual evidence to support that theory. Plaintiff is informed that any theories of liability that he deems are implicit shall be made explicit before a claim may proceed against Clark. Accordingly, defendant's motion to dismiss should be granted.
"In dismissing for failure to state a claim under Rule 12(b)(6) a district court should grant leave to amend even if no request to amend the pleading was made, unless it determines that the pleading could not possibly be cured by the allegation of other facts." Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000) (en banc). Here, the court finds that leave to amend is warranted.
Accordingly, IT IS HEREBY RECOMMENDED that:
1. Defendant's motion to dismiss be granted; and
2. Plaintiff be granted leave to amend.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any response to the objections shall be filed and served within fourteen days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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decided: September 29, 1971.
LINDA DEVELOPMENT CORP.v.PLYMOUTH TOWNSHIP, ET AL. LINDA DEVELOPMENT CORP. V. MUIR, ET AL.
Appeals from the Orders of the Court of Common Pleas of Montgomery County in the cases of Linda Development Corp. v. Plymouth Township, Albert T. Cox, Jr., Planning Director, and Carl Strand, Building Inspector of Plymouth Township at No. 70-01032; John J. Muir, et ux. and numerous other residents v. Linda Development Corp., et al. at No. 69-13643; and John J. Muir, et ux. and numerous other residents v. Linda Development Corp., et al. at No. 18 September Term, 1969; the latter two cases being transferred to the Commonwealth Court of Pennsylvania from the Supreme Court of Pennsylvania, September 14, 1970.
Milton S. Lazaroff, with him Techner, Rubin & Shapiro, John G. Kaufman and Bean, DeAngelis, Kaufman & Giangiulio, for appellant.
Paul W. Callahan, with him Fox, Differ, Mazer & Callahan, for appellee, Plymouth Township.
Gerald D. Garfinkle, for appellees, Muir, et al.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer and Rogers. Opinion by Judge Crumlish, Jr. Dissenting Opinion by Judge Mencer.
[ 3 Pa. Commw. Page 336]
Before this Court are three appeals all brought by Linda Development Corporation and all involving the proposed development of a high rise apartment on a tract in Plymouth Township, Montgomery County. Cases 941 T.D. 1970 and 993 T.D. 1970 are appeals from orders of the Court of Common Pleas of Montgomery County dismissing Linda's preliminary objections to the complaints filed below by residents of the Township. Case 68 C.D. 1971 is an appeal from the denial by the Court of Common Pleas of a mandamus to compel the Township to issue a building permit for the proposed apartment. With some modification, we are in accord with the positions advanced by Linda.
All three cases arise out of the same factual situation. On September 8, 1969, Plymouth Township amended its zoning ordinance by changing the district in which Linda's land is located from "A-Residential" to "High Rise Apartment". In the latter part of September, certain area residents filed two actions appealing the enactment of this amendment. Number 941 T.D. 1970 arises from civil action number 69-13643 of the Law Division of the Court of Common Pleas of Montgomery County contesting the procedural and substantive propriety of the amendment. Number 993 T.D. 1970 is an appeal from Number 18 September Term
[ 3 Pa. Commw. Page 3371969]
of the Quarter Sessions Division (Criminal) of the Court of Common Pleas of Montgomery County contesting the procedural propriety of the amendment. Linda filed preliminary objections to both actions in the lower court which on August 5, 1970 dismissed the preliminary objections and the appeals followed.
While these actions were proceeding below, Linda attempted to secure a building permit for its proposed project. On December 8, 1969 the Township refused to consider Linda's application giving two reasons: the pending suits; and the failure of Linda to supply certain data in support of its application which the Township official contended was required. Meanwhile, on November 4, 1969, two new members of the Board of Commissioners of Plymouth Township were elected after a vocal campaign in which one of the major issues was Linda's proposed plan. With these two new members, the Board on January 5, 1970 set a zoning hearing to consider further amendment to the ordinance which would rezone the Linda "High Rise Apartment" tract back to "A-Residential". Advertisement for the hearing was published January 14, 1970. Thereafter, on January 21st Linda filed another application for a building permit which was rejected because of the pending ordinance and of Linda's failure to supply complete drainage plans. Linda thereafter filed civil action number 70-01032 seeking a writ of mandamus in the Court of Common Pleas of Montgomery County which found for the Township. Following argument and the adverse decision upon the exceptions, Linda appealed to this Court in Number 68 C.D. 1971. Because of its effect upon our disposition of the other two appeals, we will first discuss the appeal of the mandamus.
The court below, in its opinion on all three consolidated cases, assigned two reasons for dismissing Linda's
[ 3 Pa. Commw. Page 338]
exceptions to the mandamus ruling: (1) the zoning ordinance under which Linda applied for a permit was the subject to two suits attacking its validity; and (2) the pending rezoning of this land "A-Residential" precluded the issuance of a permit. As discussed herein, the two suits attacking the September 8th amendment should have been dismissed by the lower court upon Linda's preliminary objections. This being so, the pendency of these suits would no longer affect Linda's right to a permit under that ordinance.*fn1
As to the second reason advanced by the court below, we need not consider, as was done above, the issues of determining whether the rezoning was pending at the time of the application or whether the Township impeded Linda's effort to make application at the proper time. The rezoning has become effective, and as a consequence the Linda tract is now zoned "A-Residential". Ancillary to, and now more important than the question of whether the rezoning was pending, is the question of the validity of the rezoning ordinance itself. Where an applicant has been denied a permit because of a pending ordinance he may challenge on appeal the constitutionality of that ordinance as finally enacted. Commercial Properties, Inc. v. Peternel, 418 Pa. 304, 211 A.2d 514 (1965).
We agree with Linda's contention that the new rezoning is unconstitutional. Commercial Properties, Inc., supra. There the Supreme Court found the rezoning to be unconstitutional, saying: "In the opinion entered in support of the court's decision below, it was said, '. . . there is not the slightest doubt that the sole purpose of this [proposed rezoning] Ordinance was to prevent these plaintiffs from constructing the project
[ 3 Pa. Commw. Page 339]
they planned. . . . We think that plaintiffs have met their burden of proving the invalidity of this Rezoning Ordinance. . . . [T]he conduct of the Township officials in their relations with the plaintiffs and the action of the Township Commissioners in introducing the Rezoning Ordinance were not in good faith, but were contrived for the sole purpose of preventing the legal use by plaintiffs of their property, and therefore constituted "arbitrary and unreasonable intermeddling with the private ownership of property," which the Supreme Court has condemned in Medinger Appeal, [377 Pa. 217, 104 A.2d 118 (1954)]. It is impossible to escape the conclusion that the Rezoning Ordinance here involved was "'special legislation, unjustly discriminatory, arbitrary, unreasonable and confiscatory in its application, in that it was aimed at this particular piece of property:'" Shapiro v. Zoning Board of Adjustment, 377 Pa. 621, 628.' (Emphasis in original.)
"It makes no difference whether it is a 1/4 acre lot or a 50 acre industrial complex area which is the subject of the rezoning. If it is aimed at preventing a theretofore legal use of an integrated unit owned by one common interest, the action cannot be supported as valid rezoning. In so saying, we do not mean to stagnate zoning classifications. However, under the peculiar facts of this case, it cannot be said that the purpose was for the health, safety and general or moral welfare of the community. The sole purpose, . . . was to prevent a then lawful use of this land by these plaintiffs." (Emphasis added.) 418 Pa. at 311-12.
We disagree with the court below that Commercial Properties, Inc. is inapplicable here because the ordinance granting the lawful use of the land was under attack and in the skirmish doubt was cast as to the legality of the proposed use. There is no doubt that at the time the new ordinance was proposed and passed,
[ 3 Pa. Commw. Page 340]
high rise apartments was a permissible and legal use of the Linda tract. Neither can there be any doubt, as the record amply reveals, that the "sole purpose" of the rezoning ordinance was to "prevent" that lawful use of the tract by Linda. The rezoning ordinance of Plymouth Township was "special legislation, unjustly discriminatory, arbitrary, unreasonable and confiscatory in its application, in that it was aimed at this particular piece of property" with the intent of preventing "a then lawful use" of that property by appellants.*fn2
Since the rezoning ordinance is unconstitutional and since the two suits pending against the original "high rise apartment" zoning amendment are herein dismissed, Linda has a clear and unfettered right to its building permit upon compliance with the Township's regulations governing the issuance of such permits. The Township has raised in this appeal the question of the compliance with these regulations, and while the record contains some evidence on this issue, the court below failed to make any finding on it. Therefore, we condition our order to issue the building permit upon Linda's future compliance with the Township's issuance requirements.
On the other two appeals, appellee strongly contends that the appeals are interlocutory in nature and therefore are not appealable. We have been directed to Vendetti v. Schuster, 418 Pa. 68, 208 A.2d 864 (1965) and McWilliams v. McCabe, 406 Pa. 644, 179 A.2d 222 (1962), which would seem to prohibit any appeal of the disposition of preliminary objections unless that objection goes to "whether a Court has jurisdiction of the subject matter . . . [as measured by] . . .
[ 3 Pa. Commw. Page 341]
the competency of the Court to determine controversies of the general class to which the case presented for its consideration belongs . . .". McWilliams, 406 Pa. at 648. This language while vague would seem to preclude appeal of at least the dismissal of Linda's motion to strike in 993 T.D. 1970 (failure to file the required bond). It could also be interpreted to preclude appeal in 941 T.D. 1970. However, while this Court is dedicated to follow procedural standards, our adherence to this line of cases in the instant situation would only lead to further confusion and be a waste of time. The actions filed in the court below challenging the September 8, 1969 ordinance are both fatally defective for the reasons advanced by appellant. However, their continued existence creates a stumbling block to the proper disposition of Linda's mandamus request, and may even jeopardize the legal rights of the protestants. By hearing 941 and 993 T.D. 1970 upon the merits, this Court can place this confused situation in its proper perspective and assist in making ripe the controversy surrounding the September 8, 1969 amendment. In this way, the contentions of all parties may be properly aired in the proper forum in a proper action.*fn3
In dismissing Linda's preliminary objection in case number 69-13643 in the Law Division of the Court of Common Pleas, Judge Honeyman set forth the following commentary:
"In the first suit, (69-13643), brought under the Act of July 31, 1968, Act No. 247, (53 P.S. 10101), the petitioners sought to challenge the validity of the
[ 3 Pa. Commw. Page 342]
zoning change pursuant to the provisions of the Municipalities Planning Code. Defendant, Linda Development Corp., filed preliminary objections contesting this Court's jurisdiction under said act, which objections were opposed by both the plaintiff and the other defendants, Plymouth Township and the Commissioners thereof. Defendant, Linda Development Corp., contends that there is no provision for an appeal to the Court of Common Pleas from action by the Township Commissioners established by the provisions of the Municipalities Planning Code. Further, Linda Development Corp. contends that the nature of the appeal by plaintiffs is a test of the procedural requirements involved in the passing of an ordinance and, as such, exclusive jurisdiction for this type of action is vested in the Court of Quarter Sessions by reason of the Act of June 24, 1931, (53 P.S. 56502) as amended. There is a two pronged argument contained in the preliminary objections of the defendant, Linda Development Corp., and the rebuttals thereto. First, there is the question of the inclusion in the Municipalities Planning Code of the right to take an appeal, testing the validity of an enacted ordinance by the Township Commissioners, to the Court of Common Pleas. Secondly, there is the question of whether or not this appeal raises questions of procedural irregularities and thus should have been brought under the Act of June 24, 1931, (53 P.S. 56502) as amended, or whether it raises substantive errors which would remove it from that Act's jurisdiction. It is precisely due to these complex questions arising under a relatively new and untested comprehensive act such as the Municipalities Planning Code that the Court decided not to strike plaintiff's Complaint at this stage in No. 69-13643. Under the Municipalities Planning Code a case can be made out to support both plaintiff's and defendant's position as to jurisdiction."
[ 3 Pa. Commw. Page 343]
We agree with appellant that the Pennsylvania Supreme Court has spoken to both of these issues in Roeder v. Hatfield Borough Council, 439 Pa. 233, 266 A.2d 626 (1970). On the question of the procedural validity of a zoning ordinance in the footnote at page 246 of its opinion, the Supreme Court stated: "As to testing defects in the process of enactment of an ordinance by a borough, the MPC § 915, states that these issues may be raised in a proceeding before the Board only within 30 days of the effective date of the ordinance. Even though the MPC thus creates a statute of limitations, it does not create a formal procedure by which such questions may be raised. As § 910 explicitly states that the Board has no such power to pass on the validity of an ordinance and as such questions will rarely involve issues within the special competence of the Board, issues concerning the process of enactment should be brought before the Court of Common Pleas (formerly the Court of Quarter Sessions) within 30 days of the date of enactment pursuant to § 1010 of the Borough Code." (emphasis added).
In the instant case, the First Class Township Code, Act of June 24, 1931, P.L. 1206, Art. XV, Section 1502, 53 P.S. § 56502(c) provides that "complaint as to the legality of any ordinance or resolution may be made to the Court of Quarter Sessions . . . within 30 days after any ordinance or resolution takes effect." Since the Municipalities Planning Code "does not create a formal procedure by which such questions may be raised" the procedure in the First Class Township Code still governs attacks on the procedural validity of the ordinance, and requires that such actions be filed in the Criminal Division of the Court of Common Pleas. Linda's Preliminary Objection seeking the dismissal of the procedural validity claims in action number 69-13643 must be sustained.
[ 3 Pa. Commw. Page 344387]
, we stated that, 'ordinarily, the proper time to contest the constitutionality or validity of a zoning ordinance is immediately after issuance of a building permit '." (emphasis added). 439 Pa. at 248-49.
The instant case involves "an attack by an individual on an ordinance which grants permission to a landowner to use his land in a certain way." This action was brought prior to the issuance of a building permit under that ordinance and therefore it "will not be ripe for adjudication until either someone is granted a building permit pursuant to . . . [the Ordinance] . . . or action is taken pursuant to M.P.C., § 801." Roeder, 439 Pa. at 249. Linda's preliminary objections to action number 69-13643 should be sustained.
Action number 18 September Term 1969, was brought in the Criminal Division of the Court of Common Pleas pursuant to the First Class Township Code as discussed above. It challenges the procedural validity of the September 8, 1969 zoning amendment. Linda filed a motion to strike appellees' complaint for failure to file a bond as required by Section 1502 of the First Class Township Code. The court below granted leave to file the bond nunc pro tunc and dismissed Linda's motion. This was error.
Section 1502 provides that an action may be taken "upon entering into bond with sufficient security to be approved by the Court . . .". The Courts of Common Pleas have interpreted this language to indicate that the entering of a bond is a condition precedent to the filing of a complaint. Appeal from Six Ordinances of the Township of Penn, 42 West. L.J. 133 (1961); Logan v. Upper Moreland Township, 76 D. & C. 579, 583 (1950). We agree. In New Castle Metal Products Co. v. Campbell, 131 Pa. Superior Ct. 367, 200 A. 118
[ 3 Pa. Commw. Page 346]
(1938), the Superior Court stated: "where a defective recognizance or bond for costs has been filed by the appellant . . . the established practice is to permit the appellant to perfect the recognizance or bond or file an amended one nunc pro tunc, and not dismiss the appeal until an opportunity to do so has been given the appellant: . . . But that rule is not applied where no bond or recognizance whatever is filed. Where such a statutory requirement is wholly lacking the appeal will be dismissed . . . ." 131 Pa. Superior Ct. at 368-69.*fn4 The court below did not have the authority to allow the filing of a bond nunc pro tunc. Linda's motion to strike should have been granted.
And Now, this 29th day of September, 1971, the consolidated appeals of Linda Development Corp., numbers 68 C.D. 1971, 941 T.D. 1970 and 993 T.D. 1970 are disposed of as follows:
1. The appeal of Linda Development Corp., number 68 C.D. 1971 is sutained; the appropriate township official of Plymouth Township, Montgomery County, is hereby directed to grant issuance of the requested building permit upon the filing by Linda Development Corp. of all required forms and plans;
2. The appeal of Linda Development Corp., number 941 T.D. 1970 is sustained; the complaint of John J. Muir and Anne S. Muir, his wife, Jack Levy and Marilyn Levy, his wife and numerous other residents is dismissed without prejudice.
[ 3 Pa. Commw. Page 3473]
. The appeal of Linda Development Corp., number 993 T.D. 1970, is sustained; the complaint of John J. Muir and Anne S. Muir, his wife, Jack Levy and Marilyn Levy, his wife, and numerous other residents is dismissed.
Reversed and issuance of building permit ordered conditionally.
Dissenting Opinion by Judge Mencer:
I respectfully dissent. The lower court was confronted with a request to mandamus the issuance of a building permit to the plaintiff under a zoning ordinance, the validity of which was the subject of two unresolved lawsuits. The plaintiff, in bringing its action to compel the issuance of a building permit, had to depend on the validity of the ordinance under which it could apply for a permit. Until those two lawsuits were decided, there simply was no way the plaintiff could establish its clear right to mandamus relief, nor could the lower court grant such relief in the face of the two suits challenging the validity of the zoning ordinance.
Mandamus is an extraordinary writ which lies to compel the performance of a ministerial act or mandatory duty where there is a clear legal right in the plaintiff, a corresponding duty in the defendant, and a want of any other appropriate and adequate remedy. Travis v. Teter, 370 Pa. 326, 87 A.2d 177 (1952). However, even in such cases its issuance is not a matter of right but in certain circumstances is a matter for the sound discretion of the court. Waters v. Samuel, 367 Pa. 618, 80 A.2d 848.
Here no such clear right was present. The two suits challenging the validity of the ordinance under which the permit could be issued were very much alive. Preliminary objections in both suits had been dismissed by the lower court and the pleadings had not been closed in either suit. The majority now takes upon itself the task of disposing of these two outstanding lawsuits and, having done so, then concludes that there
[ 3 Pa. Commw. Page 348]
is now a clear right in the plaintiff to have the mandamus relief it sought. However, where was that clear right when the lower court refused the mandamus relief in the face of the two lawsuits which the majority, just today, dismisses? Appellate hindsight cannot so easily be equated to lower court foresight.
Compounding the matter is that the majority has ended the two outstanding lawsuits which challenged the validity of the ordinance and which served to darken any clear right to the issuance of a building permit by the allowance of appeals in those suits from interlocutory orders. The majority acknowledge that Vendetti v. Schuster, 418 Pa. 68, 208 A.2d 864 (1965), and McWilliams v. McCabe, 406 Pa. 644, 179 A.2d 222 (1962), would seem to preclude the appeals in the two companion lawsuits but blithely concludes that "our adherence to this line of cases in the instant situation would only lead to further confusion and be a waste of time".
Appellate jurisdiction of an interlocutory order may not be assumed even with consent of the parties. Sullivan v. Philadelphia, 378 Pa. 648, 107 A.2d 854 (1954). Interlocutory orders are not appealable, unless expressly made so by statute. Branna Construction Corporation v. West Allegheny Joint School Authority, 414 Pa. 251, 199 A.2d 414 (1964). Here the orders of the court below did no more than dismiss the defendant's preliminary objections. They did not dismiss the complaints or otherwise put an end to the actions. They were not definitive orders, decrees, or judgments, which finally determined the actions and, in the absence of a special right to appeal expressly given by statute, were not appealable and the appeals therefrom should have been quashed. Stadler v. Mt. Oliver Borough, 373 Pa. 316, 95 A.2d 776 (1953).
I would affirm on the opinion of Judge Honeyman.
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July 21, 2011
HICA EDUCATION LOAN CORPORATION, PLAINTIFF,v.JUAN J. MUNOZ, DEFENDANT.
Presently before the Court is a motion by Plaintiff HICA Education Loan Corp. ("Plaintiff" or "HICA") for default judgment on its claims against Defendant Juan J. Munoz ("Defendant" or "Munoz") for failure to appear or otherwise respond to Plaintiff's Complaint of January 21, 2011. For the reasons set forth below, Plaintiffs' motion will be GRANTED.
I. Background
On January 21, 2011, Plaintiff filed a Complaint against Defendant alleging that on or around August 2, 1995, Defendant signed a promissory not payable to the Student Loan Marketing Association in an original principal amount of $72,398.75 (the " Note"). Compl. ¶ 5. At some subsequent and unidentified date, Plaintiff became the owner and/or holder of the Note. Compl. ¶ 7. At some point, Defendant failed to make payments due and owing under the terms of the Note. Although Plaintiff alleges that it has made a demand on Defendant for payments due under the Note, no payments have been forthcoming. Compl. ¶ 11. Thus, at this time, Plaintiff contends that Defendant owes unpaid principal in the amount of $75,140.94, together with interest calculated under the terms of the Note through April 27, 2011, in the amount of $3,570.63, with interest continuing to accrue after that date at the variable rate set forth in the Note, which, currently is at the rate of $6.68 per day, plus late fees in the amount of $86.01. Compl. ¶ 14.
Defendant was served with the Complaint on February 10, 2011, thus he was required to answer by March 3, 2011. However, Defendant has failed to answer or otherwise appear in response to Plaintiff's Complaint. Thereafter, on May 5, 2011, Plaintiff requested that the Clerk of the Court enter default pursuant to Fed. R. Civ. P. 55(a), and default was entered on May 6, 2011. On June 16, 2011, Plaintiff filed the instant Motion for Default Judgment which was returnable on July 18, 2011. However, as of July 21, 2011, Defendant has not responded to nor opposed this Motion.
II. Standard for Default Judgment
Federal Rule of Civil Procedure 55 governs the entry of default judgment. To obtain a default judgment pursuant to Fed. R. Civ. P. 55(b)(2), a litigant must first obtain an entry of default from the clerk of the court pursuant to Fed. R. Civ. P. 55(a). Once this procedural hurdle has been met, it is within the discretion of this court whether to grant a motion for a default judgment. Chamberlain v. Giampapa, 210 F.3d 154, 164 (3d Cir. 2000). Moreover, when a defendant is in default, the Court treats all pleadings and allegations of the plaintiff as true. See Comdyne I, Inc. v. Corbin, 908 F.2d 1142, 1149 (3d Cir.1990). However, even after properly following the requirements of Rule 55, parties are not entitled to default judgment as of right and it is left to the "sound judicial discretion" of the Court. Hritz v. Woma Corp., 732 F.2d 1178, 1180 (3d Cir.1984). Furthermore, the preference is to dispose of cases on the merits whenever practicable. Id. at 1181 (citations omitted).
III. Discussion
In the instant matter, since January 2011, Defendant has failed to appear and defend Plaintiff's claims against him. Moreover, in May 2011, pursuant to an application by the Plaintiff, an entry of default was made by the Clerk of the Court against Defendant. Subsequently, on June 16, 2011, Plaintiffs filed the instant Motion for Default Judgment. Defendant has failed to oppose this motion. Moreover, the Court notes that the documents attached to the Complaint, including the Note itself, demonstrate Plaintiff's liability in this matter, and, therefore, the Court finds that a grant of default judgment is appropriate.
IV. Conclusion
For the foregoing reasons, Plaintiffs' motion for default judgment against Defendants is granted and Plaintiffs may recover the sum of $78,797.58 plus pre-judgment interest at the rate of $6.68 per day from April 28, 2011 through the date of judgment. An appropriate order will follow.
Freda L. Wolfson The Honorable Freda L. Wolfson, United States District Judge
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