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filed: April 15, 1983.
FLOYD S. HENRY AND CAROL L. HENRY, HIS WIFE, APPELLANTS,v.FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF GREENE COUNTY V. CHARLES W. RHODES, INDIVIDUALLY AND T/D/B/A WAYNE INDUSTRIALIZED BUILDING COMPANY
No. 1303 Pittsburgh 1981, Appeal from the Order of October 15, 1981 in the Court of Common Pleas of Fayette County, Civil Action, Law No. 240 of 1980.
Stephen Paul McCloskey, Washington, for appellants.
Louis M. Tarasi, Jr., Pittsburgh, for appellees.
Hester, McEwen and Johnson, JJ.
[ 313 Pa. Super. Page 130]
Appellants, Floyd and Carol Henry, appeal from an order granting summary judgment pursuant to Pa.R.Civ.P. 1035 in favor of appellee, First Federal Savings & Loan Association of Greene County.
When reviewing a motion for summary judgment, we adhere to the following guidelines:
[W]e are to accept as true all well-pleaded facts in the non-moving parties' pleadings, as well as the admission on the file, giving to them the benefit of all reasonable inferences to be drawn therefrom; the record must be examined in the light most favorable to them; and in passing upon a motion for summary judgment, it is no
[ 313 Pa. Super. Page 131]
part of our function to decide issues of fact but solely to determine whether there is an issue of fact to be tried and all doubts as to the existence of a genuine issue as to a material fact must be resolved against the party moving for summary judgment.
Kotwasinski v. Rasner, 436 Pa. 32, 258 A.2d 865 (1969). We note additionally that the moving party bears the burden of establishing the absence of genuine issues as to material facts. Lehigh Electric Products Company, Inc. v. Pennsylvania National Mutual Casualty Insurance Co., 257 Pa. Super. 198, 390 A.2d 781 (1978). Mindful of these guidelines, we now affirm the order granting summary judgment.
Appellants filed a complaint against appellee alleging causes of action for breach of contract and implied warranty in assumpsit, and causes of action for negligence and gross negligence and malfeasance in trespass.*fn1 From appellants' pleadings and the three depositions of record, we adduce the following facts.
Appellants contracted with Charles W. Rhodes to have a dwelling built upon property they purchased near Smithfield, Pennsylvania. To finance the construction, they entered into a construction loan agreement with appellee through its employee Scott O'Neil. The agreement provided for five progress payments upon completion of specified construction work. As the construction progressed, approximately six inspections of the property were conducted by Mr. O'Neil. These inspections simply consisted of Mr. O'Neil ascertaining whether the construction had progressed to the point where various items listed on his progress report did indeed exist. None of the inspections were conducted to determine the quality of the workmanship done.
The periodic progress payments provided for under the construction loan agreement were accomplished by a check
[ 313 Pa. Super. Page 132]
drawn in the name of both the appellants and Mr. Rhodes. Most of the checks were disbursed directly to appellants, and not to the contractor (Mr. Rhodes) as was appellee's right under the agreement. They were disbursed after appellee had determined by means of inspection of the quantity of the work done, that the progress payment was due.
Acting upon the assumption that appellee had done a quality inspection, appellants perfunctorily endorsed the checks, allowing them to be cashed by Mr. Rhodes by affixing his signature. Appellants did not have an inspection to determine the quality of the work done until after their house was completed. It then became apparent that there were numerous deficiencies in the construction work. Appellants first sought recompense for these deficiencies from Mr. Rhodes by filing a separate action. They obtained a judgment against him, which remains unsatisfied. Thereafter, they filed the action now before this court.
We will first consider whether appellants' claims are ones upon which relief may be granted. It is axiomatic that in order to state a cause of action for negligence, appellants must have been owed some duty by appellee to conduct quality inspections for their benefit. See Boyce v. U.S. Steel Corp., 446 Pa. 226, 285 A.2d 459 (1971). Since gross negligence is simply a greater degree of negligence, it must also be predicated upon some duty owed to appellant by appellee. For purposes of the assumpsit counts appellants must have been the beneficiaries of some contractual duty. Unless appellants have stated a claim upon which relief can be granted, we need not consider appellants' allegations as to the invalidity of the exculpatory language in the construction loan agreement. Nor do we need consider appellee's affirmative defenses of statute of limitations, collateral estoppel, and contributory negligence.
The central issue herein for our determination is whether appellee was under a duty to inspect the construction work for quality of the workmanship as well as quantity of work before disbursing the construction loan funds. We begin
[ 313 Pa. Super. Page 133]
our analysis by determining whether appellants' counts in trespass are actionable because appellee owed appellants a legal duty.
In Federal Land Bank of Baltimore v. Fetner, 269 Pa. Super. 455, 410 A.2d 344 (1979), Fetner filed counterclaims averring that the bank fraudulently withheld from him knowledge of the fact that an easement burdened the property he purchased. Fetner contended that the bank had an affirmative duty to inform him that an easement burdened his property. Citing Grace et ux. v. Moll, 285 Pa. 353, 355, 132 A. 171, 171 (1926), a panel of this court stated that "[o]rdinarily, the relationship between borrower and lender does not create a confidential relationship." It was further stated that:
Ordinarily, there is no duty on the part of a lender to inspect the mortgaged property to determine that the borrower is obtaining that which he may have been promised by the vendor or that which he believes he is obtaining. Unless some further obligation is assumed, the lender's inspection of the premises to be mortgaged is made only to ascertain whether the property has sufficient value to secure the loan and is made by the lender for its benefit only.
Fetner, supra, 269 Pa. Super. at 462, 410 A.2d at 348. Finding that the bank had in no way assumed such a duty, the panel affirmed the dismissal of Fetner's counterclaim. Thus, the general rule, as enunciated by the Fetner court, is that ordinarily the law does not impose a duty upon the mortgagee/lender to inspect the mortgaged property for the benefit of the mortgagor/borrower,*fn2 unless the mortgagee/lender has otherwise assumed such a duty.
[ 313 Pa. Super. Page 134]
In their brief, appellants maintain that appellee contractually assumed a duty to inspect for their benefit. Underlying their argument is the assertion that the construction loan agreement as supplemented by parol representations of Mr. O'Neil at the time the agreement was executed creates a contractual duty to inspect for their benefit. They further maintain that appellee negligently performed this duty.
At this point we note that our analysis of the validity of appellants' counts in both trespass*fn3 and assumpsit will depend upon what obligations are imposed on appellee by the construction loan agreement. We therefore, must interpret it to determine the extent of appellee's obligations.
The interpretation of the construction loan agreement is a question of law for the court. While it is the court's province to interpret the agreement, it is still inappropriate to enter a summary judgment if there are substantial disputes as to the facts regarding the interpretation or application of its terms. Murray v. Yoe, 170 Pa. Super. 348, 85 A.2d 623 (1952). However, if the terms of the construction loan agreement are clear and unambiguous, we believe that summary judgment is appropriate if the court
[ 313 Pa. Super. Page 135]
is able to apply those terms to the facts of the case because of the absence of substantial factual disputes.
We begin the task of interpreting the construction loan agreement by examining its terms. From our examination of the agreement, it is apparent that the agreement imposes few obligations upon appellee, while vesting appellee with various other rights. As to appellee's obligation to inspect, we focus our attention on paragraphs 9 and 16. Paragraph 9*fn4 gave appellee the right to enter the premises and conduct inspections "for its own protection" and not as agent for the appellants. Both paragraphs 9 and 16*fn5 stipulate that appellee assumes "no responsibility for the completion of said building . . . according to the plans and specifications . . ." Thus the plain and unambiguous language of the construction loan agreement clearly negates the existence of the duty appellants assert.
Appellants assert that oral representations contrary to the terms of the agreement were made by Mr. O'Neil prior to its execution. Appellee disputes that these representations were made. This, in appellants' view, raises a "genuine issue of material fact." We disagree because we believe the representations alleged are barred by the parol evidence rule.
[ 313 Pa. Super. Page 136]
In Clancy v. Recker, 455 Pa. 452, 458 n. 5, 316 A.2d 898, 902 n. 5 (1974), the court stated the parol evidence rule as follows:
In the absence of fraud, accident or mistake, parol evidence as to preliminary negotiations or oral agreements and as to a prior or contemporaneous oral promise or representation or agreement is not admissable in evidence if it adds to or modifies or contradicts or conflicts with a written agreement which purportedly contains the entire agreement between the parties.
Thus, the parol evidence rule would bar the admission of the oral representations alleged by appellants if we determine the construction loan agreement is the complete agreement between the parties.
For guidance, we look to the landmark case of Gianni v. Russell & Co., 281 Pa. 320, 126 A. 791 (1924). In Gianni, the supreme court stated that "[w]here the parties . . . have deliberately put their agreement in writing, the law declares the writing to be not only the best, but the only, evidence of their agreement." Also, the following approach for determining the completeness of a writing was advanced:
[T]he writing will be looked at, and if it appears to be a contract complete within itself, "couched in such terms as import a complete legal obligation without any uncertainty as to the object or extent of the engagement", it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, were reduced to writing.
Id., 281 Pa. at 323-24, 126 A. at 792. (Citation omitted). It was further stated in Gianni that "where the cause of action rests entirely on an alleged oral understanding concerning a subject which is dealt with in a written contract it is presumed that the writing was intended to set forth the entire agreement as to that particular subject." Id. Since the construction loan agreement does not contain an integration clause that recites that the parties have set forth their entire agreement, we must examine its text to determine its completeness.
[ 313 Pa. Super. Page 137]
As we have indicated in our discussion supra, the construction loan agreement contains provisions that clearly address the matters of inspection of the property and for whose benefit that inspection will be conducted. Thus, we deem it to be complete as to those matters.
Finding the construction loan agreement to be complete as to matters regarding inspection, evidence of the parol representations of Mr. O'Neil is barred unless appellants allege and prove fraud, accident or mistake by clear and convincing evidence. Appellants have not alleged fraud, accident, or mistake in their complaint and reply to new matter, nor is it established by any facts of record. We therefore conclude that the parol representations asserted by appellants are not admissible to contradict the terms of the construction loan agreement.
In summary, we conclude that no duty was imposed upon appellee by law or contract, to inspect the mortgaged premises for the quality of the construction work performed before disbursing funds from the construction loan fund. We hold that appellants have failed to state causes of action upon which relief may be granted because the parol evidence rule bars the only proof that would permit appellants' complaint to be actionable. In such cases, it has been held that summary judgment is an appropriate disposition. Rose v. Food Fair Stores, Inc., 437 Pa. 117, 262 A.2d 851 (1970).
Because of our holding, we need not consider appellants' argument that genuine issues of material fact exist relative to the validity of the exculpatory clauses in the construction loan agreement. While it has been held that genuine issues of material fact arise when the validity of exculpatory clauses is disputed, see Leidy v. Deseret Enterprises, Inc., 252 Pa. Super. 162, 381 A.2d 164 (1977), we find no underlying cause of action that would invoke the exculpatory clause. Similarly, we need not consider appellee's affirmative defenses.
Finding that appellee is entitled to judgment as a matter of law and that no triable issues of fact exist, we therefore
[ 313 Pa. Super. Page 138]
affirm the order granting summary judgment in favor of appellee.
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Queen Silvia of Sweden
Daily Forecast for December 5th 2016
Queen Silvia of Sweden is a female celebrity.
She was born on Thursday December 23rd 1943, in Heidelberg, Germany.
December 5th 2016 finds Queen Silvia of Sweden full of self-doubts. She also suffers from inability to see the simple solutions, and a tendency to make things complicated.
Queen Silvia should take a break, rest, and most importantly - spend time alone.
While studying the color and flavor of the day, it is a good practice to keep in mind the greater meaning of December and the master plan of 2016 in Queen Silvia's life.
You and Queen Silvia
About Queen Silvia's Numerological Forecast & Personal Day Cycle
Just as Queen Silvia of Sweden evolves through a nine-year cycle and experiences the nine-month cycle, she is also subjected to nine-day cycles, even though their impact is subtle compared to the Personal Year and even Personal Month cycles. The Personal Day cycles proceed according to the same pattern - 1 through 9 - that the Personal Year and Personal Month cycles do. The numbers within the daily cycles have a similar impact on Queen Silvia to the yearly and monthly cycles - though less pronounced.
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Audio-Technica SonicSport Clip-On Waterproof Headphones CKP200MCMultimedia Headphones
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Audio-Technica SonicSport Clip-On Waterproof Headphones CKP200MC - Designed especially for active use, the ATH-CKP200 Sonic Sport in-ear headphones have a hinged ear hook that adjusts around the ears to provide custom comfort for any wearer. Featuring high-quality drivers for clear, detailed and dynamic sound, the headphones come with both standard silicone and newly designed ridged XS/S/M and L eartips to provide a choice of greater sound isolation or allowing in a low amount of ambient sound for greater safety outdoors. The headphones have IPX5 Waterproof Certification* that allows them to be washed after use. They come with a cord clip and 2 ft. (0.6 m) extension cord. They are available in black, red, white and blue.
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text:
Foraging in towns and cities
Foraging isn't just for country dwellers, there are ways for urbanites to get stuck in too, says Sally-Jayne Wright.
If you don't have a garden and can't get an allotment, you can still experience the pleasure of picking Autumn's glut of apples and pears. And it's free. Unlike foragers who gather free food from the wild, urban harvesters pick fruit on private land. Each year, in cities, hundreds of fruit trees in private gardens and public spaces go unpicked because the owner can't do it or nobody bothers.
Abundance is a project to harvest the seasonal glut of local fruit. With the tree owner or council's permission, volunteers pick fruit, give an agreed amount to the owner, then share out the rest. They also make jams, jellies, chutneys and juices and sell surplus fruit to restaurants and shops on a non-profit basis. Money raised goes back into the project or to local charities.
Why do it?
- Reduce food waste
- Get a taste of country life even if you live in a high-rise flat
- Be more aware of the seasons and where your food comes from
- Taste fruits you usually can't buy at the supermarket such as Worcester Pearmains and Keswick Codlings and increase your food knowledge
- Enjoy unsprayed fruit at its seasonal best, full of flavour and nutrition
- Help elderly gardeners physically unable to pick fruit themselves
- Show your kids where food comes from
- Have a cheap, fun day out in leafy surroundings
- Get inspired. I turned my spoils into Summer pudding, Apple cake, Tarte tatin, compote and Apple flapjack crumble.
- It's free!
How to get involved
There are Abundance projects in Chiswick, Haringey, Brixton, Hackney, Sheffield and Manchester. The organiser sends you an email about two days before a pick. You don't get much notice because it depends when the fruit ripens and which day suits the owners.
What to bring
Sensible shoes, old clothes, a hat, plastic washing-up basins, boxes and large, strong shopping bags.
What you'll be picking
In September, expect to be picking apples, pears, quinces and grapes.
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The average cost for a Exhaust Muffler Replacement is between $267 and $295. Labor costs are estimated between $96 and $123 while parts are priced between $171 and $172. Estimate does not include taxes and fees.
Exhaust Muffler Replacement Cost for GMC Vandura 1500
Exhaust Muffler Replacement Estimate (National Average)
Validated estimate range for national average.
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Parts & Labor Breakdown
Labor: $96 - $123
Parts: $171 - $172
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Venus in Gemini
Venus, the love goddess, traipses into Gemini, a realm that highlights her charms and simultaneously lessens her interest in holding on to the love she attracts. Love is carefree and interesting during this transit, though it tends to be more about friendly intellectual connection than soulful emotional connection.
ARIES (March 21-April 19). You have to start somewhere. Let it be bad, but don't think of it as "bad." Call it an early effort and move on to the next thing. You'll learn with each step, and eventually you'll look back and say, "Pretty good!"
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Interacting with the customer for the discussion of product roadmap, work plan, and release procedure.
Participating and coordinating with team on technical role.
Taking care of product deployment, and release process as required.
The candidates who have completed studies from these institutes: IIT, NIT, BITS Pilani, COEP, VJTI, VIT, IT BHU or ISM will be considered.


text:
WASHINGTON (AP) — President Barack Obama said Tuesday that the U.S. will do everything it can to help Nigeria find nearly 300 teenage girls missing since they were kidnapped from school three weeks ago by an Islamist extremist group that has threatened to sell them. Obama said the immediate priority is finding the girls, but that the Boko Haram group must also be dealt with.
"In the short term our goal is obviously is to help the international community, and the Nigerian government, as a team to do everything we can to recover these young ladies," Obama said in an interview with NBC's "Today," in some of his first public comments on what he said was a "terrible situation" in the West African nation.
"But we're also going to have to deal with the broader problem of organizations like this that … can cause such havoc in people's day-to-day lives," Obama said of Boko Haram.
The brazen April 15 abduction has sparked international outrage and mounting demands, including by some in Washington, for Nigeria to spare no effort to find and free the girls before they can be sold into slavery or otherwise harmed.
Nigeria's police have said more than 300 girls were abducted from their secondary school in the country's remote northeast. Of that number, 276 remain in captivity and 53 managed to escape. Obama said he was glad the Nigerian government was accepting help from U.S. military and law enforcement advisers.
"Obviously, what's happening is awful, and, as a father of two girls, I can't imagine what their parents are going through," he told CBS News in an interview. Obama said the U.S. has long sought to work with Nigeria to contain Boko Haram.
"You've got one of the worst regional or local terrorist organizations in Boko Haram in Nigeria. They've been killing people ruthlessly for many years now and we've already been seeking greater cooperation with the Nigerians," Obama said in an interview with ABC News.
He said the kidnapping and subsequent outrage over Nigeria's inability to rescue the girls "may be the event that helps to mobilize the entire international community to finally do something against this horrendous organization that's perpetrated such a terrible crime."
The technical experts heading to Nigeria will include U.S. military and law enforcement personnel skilled in intelligence, investigations, hostage negotiating, information sharing and victim assistance, as well as officials with expertise in other areas, White House spokesman Jay Carney said. U.S. armed forces were not being sent, Carney noted.
Obama commented during a series of previously arranged television interviews conducted in the White House Rose Garden, shortly after the Senate passed a bipartisan resolution urging the girls' safe and immediate return. Some lawmakers also observed a moment of silence on the Capitol steps calling for their release, and dozens of people also protested outside the Nigerian Embassy in Washington.
All 20 female senators urged Obama in a letter to pursue severe international sanctions on Boko Haram. A smaller group of mostly male senators urged Nigerian President Goodluck Jonathan to address the root causes of unrest in his country.
Secretary of State John Kerry said the U.S. had been in touch with Nigeria "from day one" of the crisis. But repeated offers of U.S. assistance were ignored until Kerry got on the phone Tuesday with Jonathan amid growing international concern and outrage over the fate of the girls in the weeks since their abduction.
Kerry said Nigeria apparently wanted to pursue its own strategy, but now realizes more needs to be done.
"I think now the complications that have arisen have convinced everybody that there needs to be a greater effort," Kerry said at a State Department news conference. "And it will begin immediately. I mean, literally, immediately."
A statement from Jonathan's office said the U.S. offer "includes the deployment of U.S. security personnel and assets to work with their Nigerian counterparts in the search and rescue operation." The statement added that Nigeria's security agencies are working at "full capacity" to find the girls and welcomes the addition of American "counter-insurgency know-how and expertise."
Nigeria's Islamic extremist leader, Abubakar Shekau, has claimed responsibility for the abduction and has threatened to sell the girls. Shekau also warned that Boko Haram will attack more schools and abduct more girls. Boko Haram means "Western education is sinful."
The State Department on Tuesday warned U.S. citizens against traveling to Nigeria.
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This Week's Celebrity Instagrams (11/26-12/2)
This Week's Celebrity Instagrams (11/26-12/2)
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3 thoughts on "Obama Vows To Help Nigeria In Student Abductions"
I Have Told You Before, fellow victimized Nigerians and Africans, about the 'Super Secret' on the disgusting nefarious 'Hidden Links' between the pre-Hired so called "Boko Haraam" and their 'Super Wealthy' over-Greedy Political Patrons 'West and East of the North Atlantic'. I Have absolutely Told You a few years ago, fellow deceived Nigerians and Africans, when they were ruthlessly NATO-Ballisting your mosques and churches and homes and schools and hospitals 'From AIR', and simultaneously triggering lies after lies about it into your eyes and ears through their pre-Hired media tools, and fake-telling you it was "Boko Haraam" that On Its Own is exploding cars 'From Their Insides'. – And now they want, through escalated attacks and 'limited scale' massacres, to jump to another worse agenda-phase of deploying more of their 'Fast Kill' troops into Nigeria and Africa, and invent much more escalated attacks and 'extended scale' massacres. – With Faith and Reliance on God do something brave and smart and organized to change your obscure origined "Badluck", Nigerians and Africans, and Face Your Traitor "Fifth Column" with Facts into their Ugly Bribed Faces. And Remember : Such Athiest Devils are always Cowards, and frequently fight from behind Walls.
Now look also, you Africans and Billions of others from All other continents, at the ways those "North Atlantic Pseudo-Globalist Patrons of Desolation" are tricking your minds with and channeling your efforts away off the right tracks with. Look at how those "One-World Corruptors and Terminators" are encouraging you innocent peoples around the World, through their well-paid slyly luring agents, to chant and write and hold and post "Free Our Girls", without directing all that to the Khazary Real Patrons of the on-ground partial undertakers of the kidnapping operation. Ain't it already very clear that all those messages should urgently and mostly be directed to names of North Atlantean "World Controllers", like : Bohner; Kerry; Obaama; Holande; Fabius; Cameron; Merkel; … etc; and many of those 'Stuck in Stolen Wealth' who's surnames end with: "-mann"; "-stein"; "-berg"; "-wicz"; … etc ??!! — Matching what I have tried to tell you numerously, the so called "Boko Haraam" is just a "Covert-Allowing Facade" and a "Sins-Bearer Decoy" through which the horrible preliminary phase tasks of 'Ending the Very Existance of Nigeria the Country and the Population' are made possible without Having to Expose Who's Dirty Business was All That, Too Early. The more horrible following phase tasks of that 'Ending the Very Existance of Nigeria' are Now Being Startingly Undertaken, which are being made by pretending that they are 'feeling sorry for the poor girls' and then sending North Atlantean colonization/annihilation troops to Nigeria, and then after some harmless 'Symbolic Encounters' with their secret ally "Boko", that very helpful "Boko" is desmissed and vanishes in thin Air, just like in Mali and Central Africa, and then then the Pseudo-Globalists propagate through their all-owned media that they have discovered that the Nigerian People comprise many "terrorists" and that they have attacked the so called 'International Rescue Force', and then they come to when they plainly and openly 'Pound' and 'Strike' over the Millions of Nigerians with artilliary and rockets and helicopters and drones … etc, right after their very helpful "Fineluck" and his local government are ordered to flee the country..
Reblogged this on The Voice for Dj J Watts, TMMG & TMMG Dj's (www.jwattslive.com).


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9 Must-Have Tools for Working with Electrical Wiring
As more integrators get electrical licenses, it requires a whole different set of tools that your technicians may not have.
Jason Knott · February 19, 2013
While CE pros tend to work primarily in the low-voltage world, there are several products that often require line-voltage electrical work. Among the more common tasks include moving outlets for mounting flat panels on walls, bringing proper power needs to the equipment room where the rack is located, and power needs for lifts, motorized mounts, motorized window treatments and even central vacuum.
In recent years, more integrators have taken on electrical licenses so they can solve these power requirements without having to work around the schedule of an electrician.
But while most service trucks are readily stocked with the necessary tools for audio, video and data work, they may not have the proper tools for working with electrical wires.
We previously showed you 10 Go-To Tools for low-voltage work, so here are nine must-have products, courtesy of Klein Tools, that technicians need to have for line voltage work.
Click here for 9 must-have tools for working with electrical wiring.
Jason has covered low-voltage electronics as an editor since 1990. He joined EH Publishing in 2000, and before that served as publisher and editor of Security Sales, a leading magazine for the security industry. He served as chairman of the Security Industry Association's Education Committee from 2000-2004 and sat on the board of that association from 1998-2002. He is also a former board member of the Alarm Industry Research and Educational Foundation. He is currently a member of the CEDIA Education Action Team for Electronic Systems Business. Jason graduated from the University of Southern California. Have a suggestion or a topic you want to read more about? Email Jason at [email protected]
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decided: October 6, 1977.
COMMONWEALTH OF PENNSYLVANIAv.JAMES C. KRALL, APPELLANT
No. 75 March Term, 1977, Appeal from the Sentence of the Court of Common Pleas of York County, imposed in No. 267, January Sessions, 1975.
John R. Gailey, Jr., York, for appellant.
Floyd P. Jones, Assistant District Attorney, with him Donald L. Reihart, District Attorney, York, for Commonwealth, appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Watkins, President Judge, and Price and Van der Voort, JJ., dissent.
[ 249 Pa. Super. Page 435]
Appellant contends that the lower court erred when it granted the Commonwealth's petition to extend the period in which to try the appellant pursuant to Rule 1100(c), Pa.R.Crim.P., 19 P.S. Appendix.*fn1 The only allegation of due diligence in the Commonwealth's petition was that ". . . a trial cannot commence within the required period because [t]his case could not be tried during the May, 1975 Session of Court." Although in its order extending the period the court refers to a hearing on the petition, there are no notes of testimony in the record. In a similar situation, we remanded for completion of the record, for without transcription of the hearing, we could not determine the causes of the delay as required by Commonwealth v. Mayfield, 469 Pa. 214, 364 A.2d 1345 (1976). Commonwealth v. Tome, 248 Pa. Super. 242, 375 A.2d 78 (1977). Thus, we believe that we must remand the instant case to determine what evidence was produced by the Commonwealth at the original Rule 1100(c) hearing.
Case remanded for completion of the record.
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by KindaLooksLikeCocaine / 09/23/2015 at 7:56pm / United States (California) / Miscellaneous
Today, I slipped in my own vomit while dashing to the bathroom to puke. My knee hit and shattered the toilet; the toilet shattered my knee. FML
by kunjac0945 / 09/14/2015 at 1:21am / United States (New York) / Health
Today, I got called into the school by my daughter's teacher. Apparently my daughter informed her class that over the weekend she spent her time with her daddy watching porn stars while her mummy was at work. It took a long time to convince her they were actually watching a TV show called "Pawn Stars". FML
by auraya1985 / 09/12/2015 at 5:34pm / United Kingdom / Kids
Today, I told my nephew to be careful when crossing the street in front of a bus because it might eat him. We then watched as a bus slowed down and stopped in front of a group of people. When the bus moved away, all the people were gone. My nephew is terrified, and won't stop crying. FML
by busmonster / 09/11/2015 at 8:32pm / United States (Virginia) / Kids
Today, in the early hours of the morning, I woke up in sleep paralysis, hallucinating the sight of children hanging from the ceiling. Now I'm scared to sleep. FML
by bwoolf96 / 09/10/2015 at 8:32am / Health
Today, I was at the park when I saw a homeless man. I gave him my sandwich, since he needed it more than me. Seconds later, he was attacked by a flock of birds. FML
by NightHawk4926 / 09/09/2015 at 6:15pm / United States (Nevada) / Animals
Today, I was driving down a completely empty street when a cop pulled me over for no reason at all. When he approached my window, I began to get defensive until he informed me I was driving the wrong way down a one way street. FML
by Anonymous / 09/09/2015 at 5:12pm / United States (California) / Miscellaneous
Today, I was visiting my grandmother at her retirement community. Bingo is really popular there and she loves it, so I went thinking it would be a fun activity for us. I won the jackpot and my car got keyed by a group of angry old people. FML
by earlytermination / 09/05/2015 at 11:31pm / United States / Miscellaneous
Today, my boyfriend was putting baby powder on my bare ass, when his dad walked into the room, casually set a laundry basket next to the bed, and walked out like nothing happened. FML
by ManderDander / 09/05/2015 at 2:48pm / United States (California) / Intimacy
Today, my boyfriend was putting baby powder on my bare ass, when his dad walked into the room, casually set a laundry basket next to the bed, and walked out like nothing happened. FML
by ManderDander / 09/05/2015 at 2:48pm / United States (California) / Intimacy
Today, my psycho cat stood on my toilet seat and challenged me to a stand-off. After 10 minutes, I couldn't hold it in any more and asked to use my neighbor's bathroom instead. I told him my toilet was broken. FML
by I'm a pussy, yeah yeah / 09/05/2015 at 1:56am / United States (California) / Animals
Today, for the first time in my life, a girl hit on me. Specifically, a lesbian who thought I was a girl. FML
by Anonymous / 09/05/2015 at 12:58am / United States (Pennsylvania) / Love
Today, I discovered that my 100-pound Rottweiler is absolutely terrified of (drumroll please) orange peels. Yup. A byproduct of my lunch will turn this hulking monolith with teeth into a whimpering puddle of pee. FML
by pansypup / 09/02/2015 at 10:30pm / United States (New Mexico) / Animals
Today, I let my 9-year-old daughter use my tablet while I made her dinner. A few minutes later, she let out a blood-curdling scream. Turned out she'd searched for My Little Pony pictures and stumbled upon a drawing of Rainbow Dash giving another pony a blowjob. FML
by Anonymous / 09/02/2015 at 11:26am / Canada (Manitoba) / Kids
Today, I realized I could make more money being on welfare than I can at my current job. FML
by Silver_Jet / 08/30/2015 at 10:09am / Canada (Ontario) / Money


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Pacific Beach Hotel's array of on-site services and amenities is sure to enhance your stay. Our friendly staff is happy to provide you with additional information on our many hotel services and amenities.
Hotel Services:
- Concierge Services
- Self Service Business Center
- Self and Valet Parking ($25 and $33/day)
- Coin Laundry, Valet Laundry and Dry Cleaning Services
- In-House Fitness Center (included with Amenity Fee)
- Sun deck with pool and whirlpool spa (check redevelopment schedule for updates)
- Tennis Courts and Golf Cages (Temporarily Closed)
- Travel Desk, Rental Car Desk
- Meeting and Banquet Facilities
- ADA Compliant Guestrooms (On Request)
- 100% Non-Smoking
- More Details and Other Services
Hotel Amenity Fee
As a convenience to our guests, we have combined our most widely used services and amenities in the daily amenity fee. The amenity charge of $20 (plus tax) per occupied room is a daily charge and includes:
- Wireless Internet access (in-room and throughout the property - using own personal computers or devices)
- In-house fitness center for hotel guests only, open 24 hours
- Self Service 24-hour Business Center – Complimentary boarding pass printing and copying services
- Surfboard Storage: self-serve locking surfboard racks with unlimited use during your stay
- Children 4 and under eat free at the Breakfast Buffet with a paying adult
- Local, toll free and 60 minutes of long-distance calling to the mainland USA or Canada
- Eco-friendly logo water bottle


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418 - 06/05 - Working Hours - Worldwide
- Date: 31/05/2005
Bulletin 418 (26 kB)
This bulletin highlights a ship visit aboard a well maintained Member vessel where commercial pressure and minimum manning leading to fatigue made 'an accident waiting to happen'.
The ship was loading pet coke and the terminal had a fixed loading arm, which required the ship to "shift ship" at the end of every pour (approx every three hours). This involved most of the ship's staff. The ship was loading for 2.5 days and at the end of this period the "awareness" of the officers and crew onboard was at risk of being extremely low due to them being stressed and fatigued. At the time the UK Club's ship inspector came onboard the chief officer was very tired, having been involved with ballasting operations for over 24 hours. At the end of the loading period the chief officer was required to trim the ship to ensure that she was not overloaded both for sailing and for arrival at the destination port and he also had to maximise the cargo for freight purposes. A calculation error at this stage would have been very costly.
The master advised that pressure was exerted on him by the shore terminal staff to restrict the number of pours and to load each hatch to the full in a single pour. It is likely that the terminal staff were on a time related bonus incentive. They also advised the master that loading each hatch to the limit in one single pour was common practice on other ships that visited the port - so why couldn't his ship do it? The master was professional enough to resist such pressure.
The master included himself on watches and "stations/shifting ship" and had re-arranged watch schedules so that one officer and one crew member managed six hours rest before sailing. This was the best he could do given the disruption to the ship every three hours.
Loading a hatch in one single pour is both unprofessional and extremely dangerous; there is a high risk of the ship exceeding the 'in- port condition' sheer forces and bending moments, which could result in fractures and other damage to the ship's frames and bulkheads.
The Marine Accident Investigation Branch (MAIB) Chief Inspector reiterated, in the recently published 2004 Year Report, his continuing concern regarding fatigue and safe manning issues. The Chief Inspector said with regard to the worrying number of ship collisions and near misses that the fundamentals behind these events, which remain depressingly consistent, included fatigued crews due to undermanning, a classic symptom of which is poor situational awareness/anticipation/judgement by officers of the watch.
In 2004 the MAIB conducted a safety study which showed conclusively that poor manning levels and fatigue were major casual factors in collisions and groundings. The main concern was dry cargo vessels on short sea trades with the master and mate being the only bridge watchkeepers onboard. Running the typical working hours of the master/mate working six hours about through a fatigue model, the MAIB produced a graph illustrating that beyond day 40 the mate was dangerously fatigued – and many of the days before that badly fatigued.
Source of information:
Ship Inspection Department
UK P&I Club
Industry developments
Polar Shipping
Legal, navigational and environmental resources, news and updates on the development of polar shipping. Read more
US VRP Compliance
With effect from 30th January 2014 non-tank as well as tankships calling at US ports will be required to submit VRPs. For Club and other resources to assist in compliance click here
International Environmental compliance
Environmental Compliance resource page collates material in respect of International environmental compliance issues affecting our Members. Information from the Club, Loss Prevention and external resources has been collated in one place for ease of reference.
The Maritime Labour Convention enters into force in August 2013 - resources, news & advice on implementation can be found in this dedicated section. READ MORE
International sanctions
Essential precautions and preparation against piracy, as well as additional information and resources, loss prevention advisories and useful external web links


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"Everyone wants to help a campaign that has a reasonable chance of success. In this particular case the perception was this was not a competitive race and overnight she's turned it into one. The conversation in Washington today is totally different than it was a week ago."
Related quotes
"I definitely don't look my age, ... So I actively look for roles that will help people change their perception of me."
"Coach Downing has the ability to chance the perception and change the culture here at Northern Colorado. He will build with upperclassmen, bring in great recruiting classes and definitely outwork the competition."
"I think that this is going to help change that perception in people's minds and that we're going to get tourists from all over the United States to come."
"It seems to be easier to judge a failure, or at least the perception of one, than it is to claim a success."


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Random Thoughts: Sell Hope, Buy Despair?
Take high percentage jabs and cover up in this market.
- And you thought Wal-Mart was pushing the envelope?
- Television's JeffMacke, fresh from his road show in
Miami, drew the parallels between South Florida real estate and San Francisco after the tech bubble imploded. In his words, "when every potential light at the end of the tunnel seemed more like an oncoming train."
- I agree with my follicly challenged friend, as discussed in my Five Reasons for Optimism missive from late January. The opportunities are selective but there are deals to be made, particularly for those with patience and dry powder.
- Dude, Professor Ryan Krueger was like so over this a few years ago. Nothing like the financial news you need to know before you know you need it.
- Seriously, Sisyphus had nothing on my inbox.
- Braveheart or Gladiator?
Jeff "Coops DeVille" Cooper offered on the Buzz that March is one of the key turning points of the year. That's food for thought in the following context:
The Following Buzz appeared at 11:07 AM:
Monday Forecast? Crimson, with a scattered chance of giggles!
This is one fakakta tape. One day it feels like the doom is too gloomy and the next session feels like we need a good, strong flush for perception to ketchup with reality. I'll tell ya, Mama used to say I should be a veterinarian but I had no idea I would be treating the wounded egos of bulls and bears!
As per my morning Buzzes, I bought some Baidu (BIDU) into the first dip but was quick to parcel out into the subsequent blip. It was a flat trade but I wanted to share the thought process as it has broader implications.
We always talk about how you can learn a lot just by watching. My eyes, during that Snapper off the lows, were spying heavy financials and struggling beta. There's a rule of thumb that says when Goldman (GS) and Google (GOOG) are pointing the same way, the tape has a tendency to follow. That, along with the tenor outside energy and metals, was cause for pause and remains a principal point of concern.
I'm well aware of the bearish flair in the media. The contrarian in me wants to to sell hope and buy despair but I'm yet unconvinced that we're at a pain fulcrum (the VXO is about 50% there). We've been stuck in a range between the January lows and from where we broke (S&P 1405, DJIA 12,800) and my sense is that this "churn" will resolve to the downside.
How much am I betting on that sweat? As of right here, right now, not much. I'm "powder rich" and "trigger disciplined," which is to say that I want to take quick, high percentage jabs and cover up when the market swings wildly. It's the Winky in me, a stylistic approach I've been consistent in sharing. I'll always share my best thoughts with ye faithful, however, and these are pretty much them.
Good luck, friends, and be careful.
We now resume with the regularly scheduled Randoms:
Raise your hand if February is officially your least favorite month?
March Madness should be a colorful affair. Unfortunately, that spectrum likely won't include any Orange.
And I was born in Newark. No, seriously. Exit 14.
You wonder why we're so worried about the credit card delinquencies and the other side of zero-percent financing?
There was deep discourse on The Exchange regarding the top three guitar players ever. That debate continues to rage.
R.I.P Jeff Healy, who succumbed to cancer at the age of 41.
Remember that Wachovia Bank $30 vibe? Wachovia (WB) got there this morning and it-along with American Express (AXP)-has since flipped the upside switch.
And the bond insurer bail-out deal is where?
- Have you checked out Minyanville's newest premium product, the FlexFolio by Quint Tatro? Give it a look and take a 14 day free trial.
Todd Harrison is the founder and Chief Executive Officer of Minyanville. Prior to his current role, Mr. Harrison was President and head trader at a $400 million dollar New York-based hedge fund. Todd welcomes your comments and/or feedback at firstname.lastname@example.com.
The information on this website solely reflects the analysis of or opinion about the performance of securities and financial markets by the writers whose articles appear on the site. The views expressed by the writers are not necessarily the views of Minyanville Media, Inc. or members of its management. Nothing contained on the website is intended to constitute a recommendation or advice addressed to an individual investor or category of investors to purchase, sell or hold any security, or to take any action with respect to the prospective movement of the securities markets or to solicit the purchase or sale of any security. Any investment decisions must be made by the reader either individually or in consultation with his or her investment professional. Minyanville writers and staff may trade or hold positions in securities that are discussed in articles appearing on the website. Writers of articles are required to disclose whether they have a position in any stock or fund discussed in an article, but are not permitted to disclose the size or direction of the position. Nothing on this website is intended to solicit business of any kind for a writer's business or fund. Minyanville management and staff as well as contributing writers will not respond to emails or other communications requesting investment advice.
Copyright 2011 Minyanville Media, Inc. All Rights Reserved.
Daily Recap Newsletter
entertainment, education and
smart market commentary.


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The Reds brass must have read Dave's Corey Patterson post last week, because they've finally decided to call up Jay Bruce.
From Mark Sheldon:
Bruce, considered the consensus top prospect in all of professional baseball, will be promoted to the Reds from Triple-A Louisville on Tuesday and make his Major League debut in Cincinnati against the Pirates.
In 49 games with Louisville this season, Bruce led the International League with a .364 batting average and 67 hits. The outfielder also had 10 home runs, 37 RBIs and an on-base plus slugging percentage of 1.023.
Not sure what happens to Patterson (the Reds are on the hook for $3 mil) or who takes over the leadoff spot (whoever they put there can't possibly do any worse than Patterson's .242 OBP, including his 0-8 performance on Sunday).
Needless to say, OMGReds is pretty excited about this announcement.


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Connect are a specialist Financial Recruitment agency based in Milton Keynes, Buckinghamshire. We operate in the Financial Recruitment market and our team has specialist knowledge and insight in the industry.
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|Page (1) of 1 - 12/23/13
|email article
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The latest Camry earns top 'good' ratings from the Insurance Institute for Highway Safety (IIHS), and the Institute's Top Safety Pick accolade; but it should be noted that in the latest test from the IIHS, the small-overlap frontal test, the Camry scored 'poor' (while the Honda Accord, for instance, earned a top 'good'). From the federal government, the Camry is a five-star vehicle overallalthough it's earned four out of five stars for frontal impact, its excellent five-star side result made the difference.
|2014 Toyota Camry Crash Tests
Source:GrabNetworks (c). All Rights Reserved


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We recommend upgrading to the latest Internet Explorer, Google Chrome, or Firefox.
If you are using IE 9 or later, make sure you turn off "Compatibility View".
Free shipping on all domestic orders
If you haven't seen Cody Townsend's 2015 Line of the Year from "Days of My Youth", brace yourself.


text:
Login/Create Account
Check Out the new Remax App
Ask About This Home
Meticulously and lovingly maintained, this single story house has everything! Easy access, golf course view, almost flat lot and everything on one floor. The great room area features a raised hearth stone fireplace with space for seating at one end and a comfortable seating nook for TV watching at the other. The dining room even has a tongue and groove wood 'rotunda' ceiling. The eat in kitchen has vaulted ceilings creating a light and airy feel. The master bedroom and bath are very spacious with the bonus of an attached den\study just off the master. The guest wing features two bedrooms with en suite baths. Lots of outdoor space including a screened porch and loads of room on the open deck. A definite must see.


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You can make a special present for your parrot or bird with materials that are safe for them. Ickle balls are perfect for adding to your homemade parrot toys and bird toys. You can make the right size toy for your parrot or bird and use the Ickle balls to place treats inside for hours of parrot fun.
Taking care of a parrot can be challenging with great rewards if done correctly. Choosing the best parrot food is the most important thing you can do for your parrot.Find Pet Care Answers
All Parrot Products is the best source in the world for buying high quality parrot food and supplies for pet birds.
All Parrot Products is dedicated to providing the best parrot food and supplements for your parrot. All Parrot Products carries Goldenfeast, Harrision's, and Top's Parrot Food. Along with the leading seed diets made by Abba Seed and Volkman Seed
All Parrot Products offers the largest selection of parrot vitamin supplement from The Birdcare Company, Avitech, Vetafarm and Nekton.
All Parrot Products carries all of the top brands of organic and healthy foods, along with the best parrot supplements, treats, parrot perches, and parrot toys all in one location for easy access access to the world's best parrot nutrition providers.
We have a great rewards program and offer free shipping at $95.00
Parrots require fresh foods to stay healthy and active. Organic, human grade, and food that is not repackaged is the best way to provide optimal care and keep your parrots healthy.
Feeding your parrot right is much more in depth then just feeding a seed or a pelleted diet. Trusting leading brands is also not enough either. It's up to you, you need to read labels, and know what your feeding. All parrot food is not created equal. You will find that all ingredients are listed on all brands of parrot food so you can make the best choice for your type of parrot.
Because of the special needs of the Eclectus we have also labeled the foods that are safe for the Eclectus.
Please contact All Parrot Products if you have any questions or if I can be of any help.
Thank you for stopping bye.
All prices are in USD.


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Hi Connected Investors, My name is Lannetta Abrams with Muñeca Investments, LLC.
Muñeca Investments, LLC is a private investment company that purchases non-performing and REO products secured by residential and commercial real-estate throughout the contiguous United States.
These apartment complexes are "B" or "C" properties in emerging markets "A" class areas, typically, 100 units or more and I do this by giving great returns to my investors, 12% or better over a period of 5 years.
My investors get to own a portion of the property in return for their funds and my partner and I own a portion of the building for putting the deal together, running the deal and raising the money for the deal.
Here are some additional details relating to the type and use of funds that we are looking for. Muneca Investments,LLC currently plans to use any raised funds primarily for the following purposes: -Commercial Mortgage With that in mind, Muneca Investments,LLC is most interested in receiving capital from these types of funding sources: -Equity Funding (Venture Capital, Angel, Private Equity, etc.)
Thank you for your time and I look forward to hearing from you soon.
Lannetta Abrams CEO
#Indiana REO# #Florida REO# #Ohio REO# #Kentucky REO# #South Carolina REO# #Indiana REO#
I sell distressed investment properties in KY/IN/FL/SC/OH/IL. Contact me at 843-715-4492 or email me at Show email for the link to our portfolio.
I sell distressed investment properties in KY/IN/FL/SC/OH/IL. Contact me at 843-715-4492 or email me at Show email for the link to our portfolio.
- Dec 17, 2015 2015-12-17 13:14:02
- Union City, OH


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Möchtest du als deine Standardwährung festlegen oder nur für diese Sitzung behalten?
This place had everything that we expected and the Beach was great you could go rite from your hotel snorkeling I recommend this place a return Everything
Price and upgade
Our one bedroom unit worked well. We ate in or out as suited us. Nice 3.5 mile beach trail starts in a park just south of the property; good for running and walking, but could be contested in spots. we had full access to the timeshare immediately south, and frequented the happy hour at their beach/pool bar and their lounge chairs. Grounds were lush and attractive. Beach was nice to look at, but not very useable, as it was small and the surf was high. Too small even for lounging. Next door was better.
The view and the pools are very nice and I was impressed with them. The food and drinks were just average. I understand that more people cook themselves in this type of property and not to expect a five star experience. The service was weak and inattentive in the restaurant, enough to get you your meal, but mostly feeling in different.
Huge room. Gorgeous views. Huge tub. Beautiful tile work. Big kitchen. Washer and dryer The beds were just awful. They were rock hard and not comfy at all. The pillows were small. Had a very hard time sleeping. No coffee maker!!!
It was on the ocean. Grounds were clean. The room we initially were assigned to had not been cleaned. Beds were torn apart and toiletries were sitting on the vanity. Our subsequent room had ants.
It was quiet and the staff accomodated us when we asked for a different room. It is an older hotel and even though the hallways are covered, they are still accessible from the outside so anyone walking by could enter and come to your room door. The original ocean front unit was right next door to a luau and with the west exposure, the air conditioner could not keep up with the sun shining in and it got quite warm. Free internet is in the lobby only of the larger hotel several doors down but not in the room. There is a $10 self parking charge and the room has a shower only, no bathtub. There is also no elevator.
I had a wonderful time with absolutely no complaints. Nothing.
We actually never stayed at the Ka'anapali Ocean Inn...when we checked in, they were over-booked so they put us up in 1st floor, oceanfront cottage room at the Royal Lahaina...it was great. Just a few steps to the beach, a few more steps to the pool and a wonderful view out the sliding glass doors. Every member of the staff, from checking in, to taking us to our room, to the breakfast buffet, to checking out...everyone was great. We live on Oahu and came over for 1 night for our son's birthday...we would stay here again. There was a damp, moldy smell, but we wrote it off as being close to the ocean and the cottages being older. However, as we were leaving, we noticed in the closet, that the wall between the shower and the closet was moldy, the carpet there was wet and the base board was starting to disintegrate.
Facilities Location
The location was wonderful and the pools and grounds were very nice. The staff was very friendly and helpful. Our roof leaked when it rained. We had to move one of the beds over because it was dripping on the bed. The television was old and hard to figure out the stations.
1.) Trotz Grösse der Anlage sehr gutes Essen in allen Restaurants (insbesondere "Tropica"). 2.) Gestaltung des Swimmingpool-Bereiches (inkl. Kinder-/Erwachsenenpools, Flamingo-/Koy-Teich, Höhlen etc.) 3.) Freundliche Angestellte. 1. Zimmer: Grösse und Zustand (eine Renovation wäre erforderlich - ein anderer Flügel des Hotels wurde kürzlich renoviert). Sehr kleines Bad. Waschbecken offen (in Küche integriert). 2.) Grösse des Hotels: ergibt ein eher anonymes Hotelerlebnis. Zudem gibt es nicht immer genug Liegestühle für alle Leute. 4) Liegestühle/Sonnenschirme (Anzahl und Preise) 5.) Lift: sehr alte und langsame Liftanlage
* People/service was great! * View of ocean from room was wonderful * always restocked amenities everyday * very clean bathrooms, room, lobby, etc. * Food was very good Everything was overpriced, but we were in Maui, and Hawaii is expensive ... getting there is only the beginning when it comes to spending $$$$
I liked the beauty of the resort. All the flowers and the way the pool was designed. Very beautiful grounds. The rooms need to have some upgrades done. Get rid of acustic ceilings old and outdated. The door to the bathroom at the bottom was chipped up and discolored. Moldings in bathroom needed to be recaulked.
room service was awesome...food outstanding. Front desk personnel were very friendly and accommodating. Went to Japengo for dinner...sat us in the lounge area...even though the lanai was ready for seating and to catch the sunset...were told it wasn't open yet although hours of operation stated 5:30...sat with our backs to the water and couldn't see the sunset through the bar...after 10 minutes about 20 Japanese tourists were seated in the restaurant. felt shunned. The floor/carpet was dirty in our room (201). Nasty stains (by the nightstands and throughout the floor) we wore slippahs in the room! Coming from Honolulu, expected more. We were on the second floor and couldn't sit on our lanai since the people next door were out there smoking cigarettes and it smelled disgusting. For $400/night felt ripped off! Also feel parking should be a couple dollars a day...not $16! Then an additional $30 hotel fee???? Hyatt residence club employees were shoving the "timeshare" experience down our throats! Didn't spend that kind of money to try to be persuaded to purchase anything.
Top shelf overall. The beach. Too much coral and rock.
The view was stunning, and the amenities top notch. That I was unable to stay longer.
The design of the resort: the pools, the waterfalls, the wildlife lawns, etc. The staff are consistently nice and patient, the shuttle service within Ka'anapoli area, the size of the rooms. Compares to other resorts in the area such as Marriott and Westin, Hyatt's rate is very reasonable about average of $350/night. Son'z restaurant food was terrible for 5-star, fine-dinning categorization. The popcorn ceilings in the rooms can be upgraded. It has no beach - we'd have to walk further the Marriott resort for the beach. Hyatt should do a better job enforcing the no-smoking policy on floors designated as non-smoking floors, it's never pleasant to be out on lanai and having to deal with someone next to your unit smoking up a storm.
Nice room, cleanly, beach front, nice pool area and not too bad a price for the area...being close to Lahaina was great! The hotel room we stayed in was a bit of a ways from the lobby and we had to walk through a row of shops to get to the front, but towards the end it wasnt that bad being away from commotion. The breakfast was expensive for what was being offered. It wasnt bad, just not worth $30/person. Parking was $18/day which hurt after we were there for so many days.
Wish I was still there. I left my camera charger in the room. They shipped it back to me. Loved it and would stay again if I can.
It was a nice $200 a night hotel. Unfortunately I paid $600 a night The valet took 15 minutes to get our car and I had to ask twice to get the car. Two of the three elevators were broken so we eventually carried out bags down 5 flights of stairs after waiting 10 minutes. The bartender used his hands to put ice in people's glasss.
Lots of hidden fees. Overpriced food and drinks. They would not give me a complete bill when I checked out. Cost to park my vehicle!
The room, the staff, pool, location Dont think that guests need to pay for sofa or seet on the pool.


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Coma Berenicids (IMO designation: CBE; IAU shower number: 20) is a minor meteor shower, originating from the constellation Coma Berenices. The shower appears from December 8 to January 23 with the estimated maximum on December 2029 (approximately). The radiant during that time is at =165, =+30. The shower's population index is 3.0 with the speed of 64 kilometres per second (40mi/s). Coma Berenicids were first detected within the framework of Harvard Radio Meteor Project. The shower's existence was discovered by Richard Eugene McCrosky and A. Posen in 1959. Coma Berenicids have an orbit very similar to Leo Minorids and were originally referred to as 'December Leo Minorids'.
Contributions by Brandmeister, 188.8.131.52, and GoingBatty.


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Christian Slater
- Beverly Hills News – Christian Slater's Father Ordered to Stop Writing "Hateful" letters to Judge in Defamation Suitbhcourier.com
- Leonard Cohen was the Natural Born King of Movie Soundtracksvariety.com
- This Season's Most Fashionable Psycho ThrillersAnOther
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text:
PhotoshopUser TV #65: Who was that floating man?
Matt and Dave serve up some unusual fare and answer your questions.
So What Have We Learned?
- Matt shows you how to create funky 3D text effects using simple strokes and the Warp tool
- Dave demonstrates some of the functions in Photoshop you may never have used before - Apply Image
Ask the Photoshop Guys:
Matt and Dave answer some questions we've received from viewers:
- How do you make your own custom color gradient?
- How do you unlink the Layers Mask?