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Superior Court of Pennsylvania
February 9, 2015
COMMONWEALTH OF PENNSYLVANIA, Appellantv.RAHIEM CARDEL FANT, Appellee
Argued: October 29, 2014.
Appeal from the Order Entered February 26, 2014, of the Court of Common Pleas of Clinton County, Criminal Division, No: CP-18-CR-0000415-2013. Before MILLER, J.
Karen E. Kuebler, Assistant District Attorney, Lock Haven, for Commonwealth, appellant.
Robert T. Rosamilia, Lock Haven, for appellee.
BEFORE: BOWES, OTT, and STABILE, JJ. OPINION BY STABILE, J.
Page 776
The Commonwealth appeals from the February 26, 2014 order entered in the Court of Common Pleas of Clinton County granting the suppression motion filed by Rahiem Cardel Fant (Appellee).[1] Following review, we reverse.
In its opinion accompanying the order, the trial court explained:
[Appellee] is charged with four (4) counts of alleged criminal conduct, i.e., Aggravated Assault, a felony of the first degree, Aggravated Assault, a felony of the second degree, Simple Assault, a misdemeanor of the second degree, and Recklessly Endangering Another Person, a misdemeanor of the second degree. All allegations of [Appellee's] criminal conduct arise out of an incident that occurred on North Grove Street in the City of Lock Haven on May 11, 2013, wherein [Appellee] allegedly stabbed an adult male in the abdomen and the arm. [Appellee] is scheduled for jury trial to commence on Thursday, February 27, 2014. [Appellee] filed a Motion in Limine to Exclude Evidence Relating to Telephone Recordings and Personal Belongings on February 21, 2014. This [c]ourt conducted a hearing on February 25, 2014. At the hearing, the Commonwealth offered the testimony of Jackie Motter, Warden of the Clinton County Correctional Facility and Jenifer Bottorf, Victim/Witness Coordinator of Clinton County. The Commonwealth also offered four (4) exhibits which were entered into evidence.
[Appellee's] Motion seeks the exclusion of recordings made at the Clinton County Correctional Facility between [Appellee] and unknown persons and the subsequent receipt by law enforcement personnel of a bag of clothing and other personal belongings formerly owned by [Appellee] which were in the basement of Angela Monks, the previous paramour of [Appellee]. [Appellee] argues numerous reasons why these items should not be admitted into evidence.
Trial Court Opinion (T.C.O.), 2/26/14, at 1-2.
The trial court granted Appellee's suppression motion and prohibited the introduction of, and references to, recordings made during Appellee's visitation sessions at the Clinton County Correctional Facility (the facility) as well as the introduction of, and references to, personal belongings discovered as a result of the recordings. Trial
Page 777
Court Order, 2/26/14, at 1. The Commonwealth filed this timely appeal from the February 26, 2014 order. On March 16, 2014, in accordance with the trial court's directive, the Commonwealth filed its Rule 1925(b) statement of errors complained of on appeal asserting five errors, which are condensed into the three issues presented to this Court as follows:
I. Did the court err in finding that the recordings made of Appellee's correctional facility visitation calls were not telephone calls which fell within the exception to the Wiretap Act?
II. Did the court err in suppressing evidence without finding that Appellee had a reasonable expectation of privacy in the correctional facility visitation calls?
III. Did the court err in suppressing the personal belongings of Appellee seized as the seizure was based upon lawfully obtained information?
Commonwealth Brief at 5.[2]
We begin by setting forth our scope and standard of review. As this Court has recognized:
When reviewing a grant of a suppression motion, the appropriate scope and standard of review are as follows:
[W]here a motion to suppress has been filed, the burden is on the Commonwealth to establish by a preponderance of the evidence that the challenged evidence is admissible. In reviewing the ruling of a suppression court, our task is to determine whether the factual findings are supported by the record. If so, we are bound by those findings. Where, as here, it is the Commonwealth who is appealing the decision of the suppression court, we must consider only the evidence of the defendant's witnesses and so much of the evidence for the prosecution as read in the context of the record as a whole remains uncontradicted.
Moreover, if the evidence supports the factual findings of the suppression court, this Court will reverse only if there is an error in the legal conclusions drawn from those findings.
Commonwealth v. Burgos, 2013 PA Super 26, 64 A.3d 641, 647 (Pa. Super. 2013) (quoting Commonwealth v. Powell, 2010 PA Super 51, 994 A.2d 1096, 1101 (Pa. Super. 2010) (citations omitted)).
As noted, this Court is bound by the findings of the suppression court that are supported by the record. Because this is an appeal by the Commonwealth, we must consider only the evidence of Appellee's witnesses and the evidence of the Commonwealth that remains uncontradicted in the context of the record. Id.
Here, Appellee did not present any witnesses at the suppression hearing. The only two witnesses who testified were the facility's warden and the Clinton County victim/witness coordinator, both of whom were called by the prosecution. Four exhibits were admitted in the course of their testimony. The exhibits included Policy Number 100:15, " Telephone Regulations for Inmates," from the Clinton County Correctional Facility Policy and Procedure Manual; the Clinton County Correctional Facility Inmate Handbook; The Inmate I.D. Card Agreement and Acknowledgement of Inmate Rules and Regulations, both of which were signed by Appellee; and the Clinton County Correctional Facility Inmate Telephone ID Number Release
Page 778
Form signed by Appellee. Absent any witnesses for Appellee, this Court must determine whether the suppression court's factual findings are supported by the evidence of the Commonwealth that remains uncontradicted in the context of the record.
At issue are recordings of conversations that took place between Appellee and visitors in the facility's visitation room and whether the recorded calls were " telephone calls" under § 5704(14) the Pennsylvania Wiretap Act, 18 Pa.C.S.A. § 5704(14). Regarding the suppression court's factual findings, no Findings of Fact or Conclusions of Law were announced at the conclusion of the suppression hearing. Instead, the court " ordered that [the court] will take this matter under advisement, attempt to do some legal research, and reach a decision tomorrow morning." N.T., 2/25/14, at 38. In its opinion and order issued the following day, the court stated:
[Appellee's] first argument in support of excluding the recordings is that it violates § 5704 of the Pennsylvania Wiretap Statute. 18 PaC.S.A. § 5704. The Commonwealth has argued that § 5704(14) permits these recordings. A close examination indicates that " telephone calls" may be intercepted and recorded by the correctional facility and then forwarded to law enforcement for the prosecution or investigation of any crime. Initially, although this [c]ourt attempted to seek clarifications throughout the proceedings because of the intricacies of the Wiretap Statute, this [c]ourt must note that all the recordings but two (2) are not what this [c]ourt would refer to as " telephone calls." The District Attorney admitted at the hearing on February 25, 2014 that no case law exists regarding this case.
The system in place at the Clinton County Correctional Facility for visitation is that Defendant picks up an apparatus that resembles a telephone and punches in an i.d. number and the other individual across the glass from Defendant picks up that apparatus and a discussion ensues. These are the discussions except for two (2) short phone calls that were intercepted. This [c]ourt does not believe that this was what the Legislature contemplated when it indicated that it was allowing telephone calls from the correctional facility to be intercepted and recorded. Clearly, the conversation is between a visitor at a correctional facility and an inmate. These conversations do not involve the use of a telephone company, telephone lines or equipment outside the correctional facility. The every day common sense use of the word telephone does not include this scenario. Therefore, this Court rules that the " visit" conversations are not telephone calls and are not subject to the Wiretap accession under § 5704(14). Therefore, the Commonwealth has offered no other argument for any exception and therefore, those calls must be suppressed.
T.C.O., 2/26/14, at 2-3.
As is evident from the excerpt quoted above, the trial court made few " factual findings." Cf. Pa.R.Crim.P. 581(I) (" At the conclusion of the hearing, the judge shall enter on the record a statement of findings of fact . . . ." ). Essentially, the findings of fact were limited to (a) describing the facility's visitation system as one in which the inmate and his visitor carry on a discussion through a glass partition using an apparatus that resembles a telephone activated by the inmate punching in an I.D. number, and (b) announcing that all but two of the recorded conversations did not involve the use of a telephone company, telephone lines or equipment outside the correctional facility. A fair reading of the trial court's opinion does not reveal any additional findings of fact. To the extent those findings are supported by the
Page 779
record, we are bound by them.[3] However, our review of the suppression hearing transcript reveals additional uncontradicted facts not enunciated by the trial court that must be considered to determine whether error in the trial court's legal conclusions warrants reversal of its order.
From our review of the suppression hearing transcript, we glean the following. The uncontradicted testimony of the facility's warden established that the facility's Inmate Handbook contains information regarding the recording of telephone calls. N.T. Suppression Hearing (N.T.), 2/25/14, at 6; Commonwealth Exhibit 2. Section 3001 on page 7 of the handbook provides in bold typeface that " [t]elephone calls are subject to monitoring, recording, and may be intercepted or divulged." Id. at 6-7. Appellee signed an acknowledgement of receipt of his Inmate ID Card Agreement and an acknowledgement of the Inmate Rules and Regulations on his booking date, May 12, 2013. Id. at 7-8; Commonwealth Exhibit 3. Appellee also signed a release form on the same date that explains the inmate telephone system and the unique telephone ID number assigned to him. Id. at 8; Commonwealth Exhibit 4. The form includes an acknowledgement that telephone calls are subject to monitoring, recording and interception. Id.
An inmate uses his telephone ID number to initiate calls outside the facility as well as visitation calls within the facility for face-to-face visits using a telephone to communicate through glass. Id. at 13-17. Both external and internal calls are recorded on the same system and are stored on the prison's computer server. Id. at 9-10; 12-14. Calls are designated as calls to an outside number or a visitation call. Id. at 14. Visitation calls go through and are recorded by the inmate phone company. Id. at 14; 16.[4] Those having access to the stored calls include the warden, the deputy warden, the lieutenants, and the office and records manager who has been designated to record phone calls during the warden's one year tenure as warden and during the 13 years she served as deputy warden. Id. at 10-12. According to the uncontradicted testimony of the victim/witness coordinator, the recordings in question here, with the possible exception of two outside calls, were from visitation calls within the facility during face-toface visits using a telephone activated by Appellee entering his telephone ID number. Id. at 25. The request for the recordings stemmed from a February 3, 2014 call from a Commonwealth witness who expressed concern about " the players involved and the possibility of somebody reaching out to her to . . . talk to her about what she was going to say." Id. at 19.
In his motion to suppress, Appellee contended that " [b]y letter dated February 18, 2014, the office of the District Attorney provided [Appellee's] counsel with three (3) CDs containing recordings of telephone conversations taken during various visits at the Clinton County Correctional Facility between [Appellee] and various visitors." Motion in Limine to Exclude Evidence Relating to Telephone Recordings and Personal Belongings, 2/21/14 at ¶ 4 (emphasis added). Much of Appellee's motion focused on the Commonwealth's delay in producing voluminous amounts of discovery material relating to the recordings and the burden on the defense of reviewing the materials in the short time remaining
Page 780
before trial. Id. at ¶ ¶ 5-8 and ¶ ¶ 11-19. However, Appellee also challenged the anticipated use of the recordings at trial based on the alleged failure of officials at the facility to follow the process and regulations outlined in the Pennsylvania Wiretap Act with respect to the recordings. Id. at ¶ 10.
Section 5704(14) of the Wiretap Act provides, in pertinent part, that:
It shall not be unlawful and no prior court approval shall be required under this chapter for: . . .
(14) An investigative officer, a law enforcement officer or employees of a county correctional facility to intercept, record, monitor or divulge any telephone calls from or to an inmate in a facility under the following conditions:
(i) The county correctional facility shall adhere to the following procedures and restrictions when intercepting, recording, monitoring or divulging any telephone calls from or to an inmate in a county correctional facility as provided for by this paragraph:
(A) Before the implementation of this paragraph, all inmates of the facility shall be notified in writing that, as of the effective date of this paragraph, their telephone conversations may be intercepted, recorded, monitored or divulged.
(B) Unless otherwise provided for in this paragraph, after intercepting or recording a telephone conversation, only the superintendent, warden or a designee of the superintendent or warden or other chief administrative official or his or her designee, or law enforcement officers shall have access to that recording.
(C) The contents of an intercepted and recorded telephone conversation shall be divulged only as is necessary to safeguard the orderly operation of the facility, in response to a court order or in the prosecution or investigation of any crime.
18 Pa.C.S.A. § 5704(14) (emphasis added).
The Commonwealth and Appellee both acknowledge that the Wiretap Act does not define the word " telephone." Commonwealth Brief at 12; Appellee Brief at 7. The Commonwealth offers the Webster's Dictionary definition of a telephone as " [a]n instrument for reproducing sounds, especially articulate speech, at a distance," and an alternate definition of " an electrical device for transmitting speech, consisting of a microphone and receiver mounted on a handset," from Collins English Dictionary -- Complete & Unabridged 10th Edition 2009. Appellee offers a Merriam-Webster Online Dictionary definition indicating that a telephone is " a device that is connected to a telephone system and that you use to listen or speak to someone who is somewhere else." (http://www.merriam-webster. com/dictionary/telephone?show=0& t=1409159323.) Another online source, BusinessDictionary.com, explains that a " telephone consists of two essential parts; a microphone and a speaker. This allows the user to speak into the device and also hear transmissions from the other user." (http://www.businessdictionary.com/definition/telephone.html#ixzz3O4MV4 vqJ).
Appellee argues that the Commonwealth's selected definitions are selfserving and suggests that his definition should be accepted because it includes an important distinction, i.e., that a telephone must be connected to a telephone system and used to listen or speak to someone who is somewhere else. Appellee Brief at 7. However, the uncontradicted evidence from the suppression hearing reveals that the telephones in the facility's visitation room are connected to the " inmate phone
Page 781
company." N.T., 2/25/14, at 16. Calls on both the inmate phone system and the facility's Verizon telephone system are recorded by the same computer system. Id. Further, the telephones in the visitation room are used to listen or speak to someone who is somewhere else, i.e., on the other side of a glass partition that would otherwise prevent prisoners and their visitors from communicating audibly. Those facts bring the visitation calls within Appellee's proffered definition.
Under any of the " common meanings" of telephone, as listed above, we conclude the record does not support the trial court's legal conclusion that the " apparatus that resembles a telephone" is not a telephone and that the recorded telephone " visit" conversations are not subject to the exception set forth in § 5704(14) of the Wiretap Act. The Act does not distinguish between external and internal telephone calls from or to an inmate in a county correctional facility. Because the motion to suppress was granted based on an unwarranted distinction between the two, we reverse the trial court's order suppressing the recorded conversations as well as the evidence obtained as a result of those conversations.[5]
Order reversed. Case remanded. Jurisdiction relinquished.[6]
Judgment Entered.
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Today, I went to my son's school soccer game. Unfortunately, I couldn't get excited about it because my idiot son kept diving the moment anyone so much as breathed on him. It eventually earned him a penalty shot that won him the game. I was so ashamed, I snuck out to avoid being seen with him. FML
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Attorney Search
Kenneth Craig Cochrane - #53309
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The information below was provided by the attorney and has not been verified or monitored. The State Bar does not recommend or endorse any attorney.
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The following information is from the official records of The State Bar of California.
|Bar Number: 53309
McCormick Barstow LLP
1125 I St Ste 1
Modesto, CA 95354
Map it
Phone Number:
(209) 524-1100
Fax Number: (209) 524-1188
e-mail: email@example.com@firstname.lastname@example.com@email@example.com@firstname.lastname@example.com@firstname.lastname@example.com@firstname.lastname@example.com@firstname.lastname@example.com@firstname.lastname@example.com@email@example.com@email@example.com@fhehsca.net
|Undergraduate School:
Univ of California Davis; Davis CA
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UC Hastings COL; San Francisco CA
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kckcplszlr bu filmle birlikte sitemize 747 film eklemiştir.
Filmin eklenme zamanı: Çrş, 20 Ağu 2014, 02:52 (2 yıl önce)
The Better Half, a web series created by Leyla Perez and her girlfriend Christine Ng, bites into a morsel of the ins-and-outs of a lez couple. Real-life girlfriends Lindsay Hicks and Amy Jackson Lewis came into the picture to write and star as the leading ladies. Have the hot fires that once burned in those tender, sexy beginnings a romance become comfortable? -çeviri bekleniyor-


text:
SHERIDAN — The Auxiliary of Sheridan Memorial Hospital will host the Christmas Trees of Love open house on Sunday from 4-5 p.m.
The trees will be lit at 5 pm. Refreshments will be served.
The trees provide residents the opportunity to dedicate a light in honor or memory of a friend or family member. White lights memorialize a deceased loved one; green lights honor a relative or friend; and red lights honor a child or a pet.
"Lights can be dedicated to a loved one with a donation of $5 or more any time until Dec. 31. However, donations that are received after the tree lighting may not be acknowledged until after the first of the year," said Joan Kalasinsky, chairperson for the Trees of Love project.
The $5 donation will include a card sent to the honoree or the family informing them of the dedication from the Auxiliary. The honoree's name is then inscribed in the Book of Love, which will be on display in the hospital lobby during the holidays.
Application forms are available at the hospital's reception desk and on the hospital's website at www.sheridanhospital.org.
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SHERIDAN — The Trail End State Historic Site, or the Kendrick Mansion, will host a holiday open house on Dec. 2-4 from 4-7 p.m. The mansion will be fully decorated for the season with the sights, sounds and scents of Christmas in the early 1900s during the three-day event.
The event will feature live performances by local musicians and figgy pudding.
For more information, call the Kendrick Mansion at 674-4589 or see www.trailend.org.
Trail End State Historic Site is located at 400 Clarendon Ave.
SHERIDAN — The Sheridan College choir will perform a concert "Community Sing" on Dec. 6 at 7:30 p.m. at the Whitney Center for the Arts concert hall.
The concert will feature an arrangement of songs from the holiday favorite "A Charlie Brown Christmas" and other holiday classics arranged and edited by Christian Erickson of Sheridan College.
Tickets for the performance are available to purchase at the WYO Theater box office at $15 for adults, $10 for veterans and seniors and $5 for students.
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SHERIDAN — University of Wyoming President Laurie Nichols and other UW leaders will visit Sheridan on Dec. 8 from 12:15-1:45 p.m. at Sheridan College to solicit statewide input on a strategic plan to guide the university for the next five years.
The event will take place in the University of Wyoming Watt building in rooms 131 and 132. The listening session is free and open to the public.
"These sessions are for us to hear from the people of Wyoming about their land-grant university," Nichols said. "Creating a strong five-year plan is so important as it sets priorities and indicates areas of focus. I want to be there personally to listen to people's hopes and dreams for Wyoming's university, as well as the obstacles to achieving those dreams and ideas on how those challenges can be overcome."
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SHERIDAN — Children, Horses and Adults in Partnership, or CHAPS, will host an ugly Christmas outfit 5K run on Dec. 10 at noon at Thorne-Rider Park.
Proceeds raised will benefit CHAPS Equine Assisted Therapy in Sheridan. The run will begin at Thorne-Rider park and take place eon the Sheridan running trail system.
The cost to participate is $30 for those who pre-register and $40 if you sign up the day of the race.
For more information about the event, see www.chapswyo.org or contact Kristen Marcus at email@example.com or 673-6161.


text:
Supporting Standard WMI Blocks
Each driver should support any standard blocks defined for drivers of its type. Standard blocks provide WMI clients with consistent data for all devices of a given type, regardless of vendor.
To support a standard block, a driver:
Registers the block with WMI, along with the other standard and custom blocks supported by the driver, as described in Registering as a WMI Data Provider.
Handles all WMI requests that specify the driver's device object pointer at Parameters.WMI.ProviderId and the GUID of the standard block at Parameters.WMI.DataPath, as described in Handling WMI Requests.
MOF classes for standard blocks are published in system-supplied MOF files. A driver must not redefine a standard block in its own MOF file, because doing so would duplicate the block in the WMI database.
Currently, class definitions of standard blocks are published in the file wmicore.mof, which is included in the Windows Driver Kit (WDK).


text:
Large | Male
This adorable guy is Canyon. He is about 2 years and super chill. He loves to hang out and watch some TV or catch some sun in the yard. Canyon is great with other dogs and kids; he is not fond of cats. Canyon would make a great addition to any family!


text:
Advances in Imaging and Electron Physics, Volume 114
1st Edition
Advances in Imaging & Electron Physics merges two long-running serials-Advances in Electronics & Electron Physics and Advances in Optical & Electron Microscopy. The series features extended articles on the physics of electron devices (especially semiconductor devices), particle optics at high and low energies, microlithography, image science and digital image processing, electromagnetic wave propagation, electron microscopy, and the computing methods used in all these domains.
Researchers in electrical engineering, optical science and technology, materials science, image processing, and mechanical engineering.
- No. of pages:
- 333
- Language:
- English
- Copyright:
- © Academic Press 2000
- Published:
- 2nd June 2000
- Imprint:
- Academic Press
- eBook ISBN:
- 9780080526195
- Hardcover ISBN:
- 9780120147564
"Editing by P.W. Hawkes is immaculate and the production, in the usual style of Advances in Electronics & Electron Physics, results in a volume that will be a handsome addition to any bookshelf." --MRS BULLETIN "With the accelerating pace of research and development in so many areas of microscopy, keeping abreast of the widespread literature is becoming increasingly time-consuming. In Advances in Optical & Electron Microscopy the Editors are to be congratulated on bringing together in a convenient and comprehensible form a variety of topics of current interest." --J.A. Chapman in LABORATORY PRACTICE
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Affiliations and Expertise
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Tom Mulvey Serial Volume Editor
Affiliations and Expertise
Aston University, Department of Electronic Engineering and Applied Physics, U.K.


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Dakota Grizzly Clark Plaid Shirt - Flannel, Long Sleeve (For Tall Men)
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Hotfrog INDIA provides information regarding Societe Generale in Sanand Gujarat. Societe Generale is located at Unit No 101/A, 1st Floor, Sarvoday Co-opHsg Society, Sub Plot No6 Near Sanand Bus Station Sarkhej-Sanand Highway, Sanand Gujarat 382110 and provides Banking services. Contact them on 02717 223037 or by visiting them on their website http://www.societe-generale.co.in.
Is Societe Generale in Unit No 101/A, 1st Floor, Sarvoday Co-opHsg Society, Sub Plot No6 Near Sanand Bus Station Sarkhej-Sanand Highway, Sanand Gujarat 382110 your business? Claim your listing and attract more leads by adding more content, photos and other business details.
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Umiya Roadways, Near Gayatri Tample Viramgam Road Sanand Gujarat 382110
Behind Eagle Weigh Bridge Sanand GIDC Sanand Gujarat 382110
Sanand Gujarat 382110
Sanand Gujarat
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text: Dwell Magazine's Dwell on Design Conference highlights modern design and sustainability. September 14-16 in San Francisco. Design Dwell Magazine sustainability 16 Aug 07 Published by Charlie Livingston I'm Charlie, I run aThemes as well as a couple of other web properties. I'm currently living in SE Asia but originally from the UK. Posts by Charlie Livingston


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In November 2010 Marie Colvin spoke at a service in St Bride's church London, held to honour the 49 journalists, photographers and support staff killed in war zones since the turn of the century. She spoke about the risks she and her colleagues take to bring us the truth about what is happening to innocent victims of conflict around the world.
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Sportful Pista Ls Jersey Full Zip
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Go from ghoul-friend to zombie bride in the Bride of Doom Costume from Dreamgirl! This delightfully scary costume features the tattered wedding gown with a skeletal ribcage screen print and a full, layered overskirt. The tattered veil headband and skull choker are included. Stockings not included.
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Sweet Pork With Garlic
Total Time
Prep 10 mins
Cook 40 mins
Serve this with steamed broccoli and rice. This dish is really good.
Ingredients Nutrition
- 4 garlic cloves, minced
- 1 tablespoon hoisin sauce
- 1 tablespoon Dijon mustard
- 1 tablespoon ketchup
- 2 tablespoons light soy sauce, divided
- 6 teaspoons honey, divided
- 1 (3/4 lb) pork tenderloin
- vegetable oil cooking spray
- 2 teaspoons rice wine vinegar
- 1 teaspoon sesame oil
- 1 teaspoon chili-garlic sauce
- 2 cups chopped green onions
- 1⁄2 teaspoon chopped fresh cilantro
- Stir first 4 ingredients, 1 tablespoon soy sauce, and 2 teaspoons honey.
- Spoon garlic mixture evenly over pork, rub well into pork.
- Place pork on a rack coated with cooking spray in an aluminum foil lined roasting pan.
- Bake at 350°F for 30 minutes or until a meat thermometer reads 155°F Remove from oven;cover pork loosely with aluminum foil, and let stand 10 minutes.
- Cut pork diagonally into thin slices. Place slices on a serving platter. Whisk together vinegar, sesame oil, chili garlic sauce, soy sauce, and honey. Drizzle evenly over pork. Sprinkle evenly with green onions and chopped cilantro.


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THE BRONX - Authorities say they executed a $10 million drug bust in the Bronx Thursday morning.
Police say they removed about 2 million packets of synthetic marijuana from a garage on Poplar Street. The NYPD tweeted pictures of the bust, showing the drug - referred to as K2 or spice - pre-packaged for sale in laundry bags.
The DEA told News 12 that the raid is an extension of last week's arrests of people suspected of selling the synthetic drug. They say the synthetic marijuana crackdown has resulted in dozens of arrests.
MORE: Bronx Crime Stories
Police say manufacturing the drug is classified as a health-code violation.


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"No government of the left has done as much for the poor as capitalism has. Even when it comes to the redistribution of income, the left talks the talk but the free market walks the walk. What do the poor most need? They need to stop being poor. And how can that be done, on a mass scale, except by an economy that creates vastly more wealth? Yet the political left has long had a remarkable lack of interest in how wealth is created. As far as they are concerned, wealth exists somehow and the only interesting question is how to redistribute it." ~ Thomas Sowell
Letter From Lompoc
Submitted by Mark Laythorpe on Fri, 2007-01-26 16:00
"""I author this letter to inform the conscience of the legal community about the ruinous collapse of prisoner attitude since I was last here incarcerated. The attitude has gone from appreciation for being placed in a ?camp? to disdain and hostility toward it. I share the present mood of antipathy for this penal colony. I am silently disturbed and at times outraged."" Not unlike what a lot of us feel, residing in the even larger prison ?camp? known as Amerika."
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Launceston/Camelford area - The Best Of Both Worlds
In the very epicentre of nowhere within reach of everywhere, this wonderful detached luxury studio is located on the edge of Bodmin Moor. Here you can immerse yourself in true peace. Within easy driving distance of the North Cornwall coast with its beautiful wild beaches, yet out of the way and one of the quietest places you'll ever find, even at the height of the season. Teeming with wildlife, especially birds, with delightful walks and the most ancient holy well and chapel in Cornwall within walking distance. If you're lucky you might spot the wild deer roaming the countryside.
High spec accommodation, with an open plan living area with enormous bespoke hand crafted French windows which bring the outside in and bathe the studio in natural light. There's an intimate, secluded and private cottage garden, not overlooked by anyone, with garden seating. Also a large balcony area where you can take in those views, eat, paint, or just sit and enjoy the peace. The Studio has underfloor heating, a double shower head with large shower, and a separate hallway leading to the bathroom facilities. There is also a dedicated parking space.
Whatever time of year you choose to come this area is a feast for the eyes and a balm for the soul.
This is a true studio, so if you're an artist the easel is there for your use, and there's also a portable easel. If you'd like canvas or artists materials to be provided for your stay please let us know in your booking request and for an additional cost they will be provided, though if you'd like to bring your own please do.
It's also ideal for photographers, birdwatchers, nature lovers, or those who love peace or want to escape from the hustle and bustle for a while.
To view a video of the Studio please go here: https://www.youtube.com/watch?v=MvaL6BpO7dA
Please note: This is a no smoking property.
We do not accept any pets, however small.
While we can accommodate babies who haven't started moving around (though you would need to bring your own travel cot, highchair etc), for safety reasons we cannot accept older babies and children.
Top Traveller Review
Wonderfully Peaceful
The studio is well laid out, clean and comfortable.
The booklet of the area was full of good information and tips, to where to go in and around the area.
Sitting out on the veranda, having a coffee or having a beer was bliss.
I would 100% recommend the studio to anyone who wants a peacful, relaxing holiday..
Thank you Cathy for making ours, just that..
About the Owner
I'm an artist, writer, poet, photographer, video maker and educator. I love nature and the countryside which is why I chose this beautiful place to live. While the studio had been used by an artist previously I refurbished it to a high specification to take advantage of the views, light, and proportions of the building.
Guestbook comments from the owner
Thank you Cathy for a most relaxing week. Waking up late every morning feeling well rested. We both found the Studio perfect and your hospitality so friendly. Thank you for the lovely scones, eggs etc. Being in the middle of Cornwall everywhere is reachable but we still haven't seen all we wanted, a return visit is required. Many thanks for a stressless week.
12 Reviews
4.8 based on 12 holidaymaker reviews
Wonderfully Peaceful
The minute we arrived we were welcomed by Cathy and from that moment we felt at home. We walked in to scones, home made jam, Cornish butter and cream.. Everything there to start off our week.
The studio is well laid out, clean and comfortable.
The booklet of the area was full of good information and tips, to where to go in and around the area.
Sitting out on the veranda, having a coffee or having a beer was bliss.
I would 100% recommend the studio to anyone who wants a peacful, relaxing holiday..
Thank you Cathy for making ours, just that..
Tranquil and relaxing stay, couldn't have asked for more!
Myself and my partner stayed at The Woodpecker Studio for three nights over the Easter break. We booked last minute, which meant we couldn't stay in our usual seaside town, but we are so glad we did!! It did not disappoint.
From the minute we booked Cathy was helpful and easily contactable. On arrival we were greeted by Cathy who assured us if we needed anything at all she was just across the way in the neighbouring cottage. It was nice to know she was on hand, but at the same time we were left with complete privacy.
As soon as we entered the studio we knew we were in for a wonderful stay. There were fresh flowers, home made scones, jam and clotted cream ready for us and basics in the fridge which was perfect after a long journey. The views from the studio are breathtaking and the studio itself and its facilities are modern. The studio is light and airy, the perfect size for two and decorated in such a unique way- we loved it.
The surrounding areas are beautiful, we felt hidden away in the countryside with the added bonus of being in easy reach of the seaside towns with the car. During our short stay we managed to visit Port Isaac, Padstow, Crowdy reservoir, Perranporth and spend time exploring the local scenery in St Clether. The Woodpecker Studio is great value for money, in a beautiful and peaceful location- would definitely recommend! We came back feeling refreshed and ready to face the world again.
Thank you Cathy! April 2016.
Absolutely stunning retreat for a couple
An utterly enjoyable stay. When we arrived we were greeted very warmly by Cathy and after a great introduction to the area and studio we commenced a wonderfully private and secluded week away together, made perfect with the addition of the plate of scones upon arrival. The studio is incredibly well insulated so no matter the weather we enjoyed the great views in comfort. Cathy was as good as her word and we spent the entire week with our privacy well respected and any issues she assured us she was only a door away. Would highly recommend to any couple wanting a holiday secluded together, perfect place for it. Hope to return ourselves in the future!
Relaxation and comfort in a beautiful place
The cottage is comfortable and the perfect size for two. The view from the balcony is superb and on a clear night the stars are sublime. If you follow your satnav it is easy to miss, look out for the white cottage with the woodpecker; just next to the red phone box.
We were within striking distance of most of Cornwall and Devon and we could easily have filled another week with holiday activities, so the location is brilliant. A car ,however, is an absolute necessity.
Cathy was really helpful and communicative during the booking process and filled the fridge with lovely local produce for when we arrived. We would definitely visit again.
A wonderful, relaxing, peaceful place to stay ....
Woodpecker studio is in an idyllic setting with fantastic views of the surrounding countryside. The studio is sparkling clean, with great facilities including wifi which worked perfectly, lashings of hot water, a brilliant shower, a basketful of fluffy towels, in fact everything you could want for a perfect holiday. Cathy gave us a wonderful welcome and provided some lovely touches including freshly cooked scones and other delicious homemade goodies. We visited some great places all within easy reach of the studio by car, however, a particular favourite was a walk from the studio to the Holy Well Chapel which is a very special place to visit.
A perfect place in the cornish countryside
Woodpecker studio. The studio had everything we needed and was exceptionally clean and well presented. Because of its central location everywhere is within a short car journey with the exception of the extreme south west. The balcony presents stunning views over the Cornish countryside and the peace and quiet unbelievable, if you want a night out then Launceston is only a 20 minute drive to clubs and pubs, there is also a Tesco there. The nearest pub/restaurant is the Rising Sun a 10 minute drive away serving excellent food. The Jamaica Inn is also not to be missed. The owner ,neighbour welcomed us with homemade scones (still warm) strawberry jam and fresh Cornish cream, what a treat. Help and advice on where to go and how to get there was always available and we visited places not on the tourist trail which turned out to be real gems. The parking problem experienced by a previous review seems to have been resolved as we had no problems with a large car. We found no faults with this studio at all and spent a most enjoyable and comfortable week there. We will definitely be going again and can highly recommend it
From the Owner
"I chose this area due to the secluded location, which is also within reach of the coast and its wonderful beaches. All year round it's peaceful and wildlife abounds. The light here is extraordinary, ideal for painting and photography. Each season is different, and the creatures who live and visit here, especially the birds are fascinating. In winter you can see the Starling murmurations every sunset and in the summer housemartins play. And yes, there are Woodpeckers too. The cuckoo comes in late spring, there is a often buzzard majestically soaring on the air currents. Down by the river is a kingfisher, and numerous other birds. At night there is no light pollution so you can watch the Milky Way and find your way by the light of the Moon"
Activity and Interests
Special interest holidays:
As a true studio there is a full size easel, and 2 portable easels for your use. Please feel free to bring your own equipment. However, if you would like equipment provided please let us know and for an additional charge the following can be made available to you:
Paint (acrylics, watercolours, enamels)
Paper, canvas.
The North Cornwall coast is within easy driving distance (about 20 minutes). This means you can easily spend time at (from East to West) Bude, Widemouth Bay, Crackington Haven, Boscastle, Tintagel, Trebarwith Strand, Port Isaac. If you'd like to travel a little further there are numerous other beautiful beaches further down the coast.
It would not be possible to stay at the Studio without your own transport. The Studio is a few miles from the A30 & A395.
Located in the tiny hamlet of St Clether. The largest and most ancient Holy Well in Cornwall is within walking distance of the Studio. The nearest main towns are Launceston & Camelford, which are 10 and 8 miles away respectively. Both are ancient and interesting places. There are many ancient and beautiful lanes to walk from the Studio, where nature and wildlife proliferates. Numerous beaches are within around 10 miles, and a vast array of places of interest within easy driving distance.
Further Details:
The area has a variety of restaurants and pubs with eating facilities. The nearest shops are however approximately 10 miles away, so be sure to bring or collect supplies on your way.
Prices and Availability
Rental rates
|Rental Period
|Minimum Price
|Additional Nights
|Weekend Night
|Event Price
Winter 1
27 Nov 2016 - 18 Dec 2016
3 night minimum stay
for 3 nights
Christmas/New Year
19 Dec 2016 - 8 Jan 2017
3 night minimum stay
for 3 nights
Winter 2
9 Jan 2017 - 1 Mar 2017
3 night minimum stay
for 3 nights
2 Mar 2017 - 31 May 2017
3 night minimum stay
for 3 nights
1 Jun 2017 - 9 Sep 2017
3 night minimum stay
for 3 nights
10 Sep 2017 - 30 Nov 2017
3 night minimum stay
for 3 nights
My Standard Rate
3 night minimum stay
for 3 nights
Additional pricing information
|No additional mandatory fees
Changeover Day:
Days are flexible, depending on availability. Minimum booking 3 nights.
Notes on prices:
For longer stays please send enquiry email.
If you have the need to pay in two instalments please contact me to make arrangements. I will be happy to accommodate this.
Owner's Cancellation Policy
- 12
- Available arrival
- 12
- Available
- 12
- Unavailable
From the Owner
"The Studio is both comfortable and practical. All you might need for both a holiday, retreat and artistic inspiration is here. If you're an Artist, photographer, birdwatcher, nature lover, or just in need of a break from a busy life you will find what you seek. The area is utterly beautiful. with stunning views, quiet country lanes and paths, historical sites and places to explore. It is a feast for the eyes and soul. As I live in a nearby cottage I'm able to ensure the Studio is maintained to a high standard. I'm also available for artistic advice or opinion should you feel the need for it, or information about the surrounding area and some hidden gems. I can also leave you in complete peace. The choice is yours. My wish to ensure you have the holiday you would like."
Property Type
- cottage
- Away From It All
- Historic
- Romantic
- Hair Dryer
- Heating ...
- Internet ...
- Iron & Board
- Linens Provided ...
- Living Room ...
- Parking ...
- Towels Provided ...
- Tumble Dryer ...
- Coffee Maker ...
- Dishes & Utensils ...
- Kitchen ...
- Microwave
- Oven
- Pantry Items ...
- Refrigerator
- Hob
- Toaster ...
- Dining ...
- Dining Area
- Books ...
- DVD Player ...
- Games ...
- Television ...
- Video Library ...
- non smoking only
- not suitable for children ...
- pets not allowed ...
Location Type
- rural
- autumn foliage
- churches
Leisure Activities
- beachcombing
- bird watching
- scenic drives
- sight seeing
- walking
Sports & Adventure Activities
- golf
Floor Area
- 356 sq. ft.
- Shower room 1 - Shower Enclosure
- Separate WC and shower room. Large shower with dual shower & sink. Both shower room and WC have heated towel rails.
- 1 Bedroom, Sleeps 2
- Bedroom 1
- Description of sleeping capacity: Sleeps 2 (1 Bedroom) Notes on bedrooms: Open plan. Double bed, wardrobe, chest of drawers, shelving, additional drawer space. TV
- Balcony ...
- Golf ...
- Garden ...
- Self-catering
Learn more about this holiday rental at the owner's website
- Notes on accommodation: Please note, this is a studio, so the living accommodation is open plan, ie the living, kitchen, dining and bedroom areas are all part of the same space, though they have their own quite distinct areas. One of the distinct advantages of this is that the TV & DVD are on a pivot so you can move it about and comfortably watch either in the living area or in bed. The hall, shower room and WC are of course separate. This is a no smoking property. Outside: The French windows lead to a large balcony with a bistro style table and chairs which overlooks the garden and the Moor. There are steps leading down to the private cottage garden, which has a garden bench, additional seat and small table. Wild flowers abound. Views from the garden are also to the Moors. On a clear day you can see Rough Tor. Cleaning / Towels / Linen / Maid service: Towels, bed linen, tea towels, kitchen roll, washing up sponges, courtesy soaps and shower gel are provided. Bedding and towels are changed either weekly or per visit. Please bring your own beach towels. We clean thoroughly between every visit. Other: There is an entrance hallway which has an antique chest and a hanging rail like your grandma used to use for clothes drying, which leads to both the living area and the shower room & WC. It also houses the fridge.


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Mark Zuckerberg: Hacking Hollywood – 10 Stars Who Have Been Hacked
| May 26, 2012 - 3:08 pm
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Eurofase Lighting Amesbury 32"e 4 Light Bath Vanity Light in Aged Bronze
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Quiescent shades softly illuminate with an unrivaLED complexity. The ribbing of the opaque ivory glass subtly adds an elegant touch, and contrast boldly with the glossed wrought iron framework. A blossom lip allows the uplight to diffuse radiantly. Combined, these effects result in a daring yet aristocratic style - a Eurofase classic. 4 Light Bath Vanity Light in Aged Bronze
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Creme De Menthe Pickup
|1 Tablespoon
|1 Tablespoon
|Cold milk
|1⁄2 Cup (8 tbs)
|Plain yogurt
|1⁄2 Cup (8 tbs)
|Creme de menthe
|1⁄4 Cup (4 tbs)
|2 Tablespoon
Pour grenadine into small, shallow bowl.
Place sugar in second dish.
Dip rims of glasses in grenadine, then in sugar.
Blend milk, yogurt, creme de menthe, and Cointreau in blender until smooth.
Pour into prepared glasses
Recipe Summary
Rate It
Nutrition Rank
Nutrition Facts
Serving size: Complete recipe
Calories 555 Calories from Fat 68
% Daily Value*
Total Fat 8 g11.7%
Saturated Fat 4.5 g22.6%
Trans Fat 0 g
Cholesterol 26 mg8.7%
Sodium 106.6 mg4.4%
Total Carbohydrates 75 g25.1%
Dietary Fiber 0 g
Sugars 72.1 g
Protein 8 g15.2%
Vitamin A 4.5% Vitamin C 0.94%
Calcium 26.6% Iron 0.89%
*Based on a 2000 Calorie diet


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Home › Pet Owners and Animal Lovers › Cat › Gifts › Paw Print Reading Glasses
Paw Print Reading Glasses
Read in style with these Paw Print Reading Glasses. Available in a wide range of prescriptions, these sturdy Reading Glasses come with a matching black and white paw print soft case, perfect for storage and cleaning.
Paw Print Reading Glasses features:
Groomers Expert Tips: From the manufacturers of the fabulous Bass brushes!
Please browse our full Dog Gifts range.
We endeavour to have your order with you as soon as possible. Expected delivery times for orders despatched using our main postal services are as follows:
• Standard UK delivery: 2-3 working days.
• Express delivery: 1 - 2 working days if placed before 2pm (Monday – Friday).
• Standard EU delivery: 4 – 10 working days.
Groomers offer FREE DELIVERY on all UK orders that exceed £100 and contain light goods items.
• Orders over £100 LIGHT GOODS: Free, same day despatch (Monday - Friday).
• Orders over £100 HEAVY GOODS: Freight charges apply - typically £40 per pallet, 5 - 10 working days approx (Monday - Friday).
Heavy goods include most tables, baths and drying cabinets. Please see individual products for exact delivery charges, which are near the top of the page.
Delivery Charges Light Items (for mainland UK only - please contact us for destinations outside mainland UK)
• Up to 0.25Kg = £3.30
• Up to 0.5Kg = £3.65
• Up to 0.75Kg = £3.95
• Up to 1kg = £4.40
• Over 1Kg = £6.70
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• Up to 1Kg = £5.49
• Over 1Kg = £6.87
Scottish Highlands, Northern Ireland and offshore islands may be subject to a surcharge. Please check with one of our sales advisors, call 01635 581 958.
Please email us for an overseas shipping quote - email@example.com.
To find out more, please see our shipping and returns page.


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For now, it's advantage Team Blue. Now that the Raw brand his its own pay-per-view event, Clash of Champions, how will this show better the one Smackdown Live a few weeks ago? How can WWE figure out how to write storylines that are effective without being to overdramatic and still show Raw is the better of the two programs?
It's tougher than it seems. At Clash of Champions, the McMahons have a chance to write a best-selling novel for each title match, as well as its undercard. Can Stephanie McMahon and Mick Foley deliver after big brother Shane McMahon and Daniel Bryan have proven they are hungry for more?
While there are more matches and a better undercard, it remains to be seen if more is better, if the Seth Rollins-Kevin Owens match can deliver without outside interference and whether Rusev will continue to win fans over by taking down Roman Reigns? Does the addition of Bayley to this match make the Women's Title tilt with Sasha Banks and Charlotte better or just more clouded?
Hopefully, all those questions will be answered on Sunday night. In the meantime, here are predictions for every match on the card.


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The ultimate in recognition, the Master of the American College of Cardiology (MACC) designation is awarded to no more than four cardiovascular professionals each year who have consistently contributed above and beyond to the goals and programs of the College, and who have provided leadership in important College activities. Reserved for those who have been in good standing for more than fifteen years, MACC recognizes those who have served the College with distinction.
Click the plus (+) signs beside the headings below to learn more about the MACC designation.
|The Awardees
|Criteria for MACC
|How to Nominate a Colleague
|Contact Us


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August 28, 2013
Jan Robert Horsfall was named CEO of Universal Lubricants, manufacturer and distributor of the Eco Ultra line of sustainable motor oils and transmission fluids, in July 2013. A veteran leader of organizational and strategic change, Horsfall oversees the company's 430 employees and national operations, which include a re-refinery in Wichita, Kansas. Through its closed loop process, the company collects, re-refines, blends and re-distributes its own engine oils and lubricants never losing guardianship within the chain.
In 1996, he joined Internet search firm Lycos where he served on the senior team as vice president of marketing.
We offer e-newsletters that deliver targeted news and information for the entire fleet industry.
The expert, Shawn Whitacre from Chevron Delo, will answer your questions
The expert, Steve Carlson from Xantrex, will answer your questions
The expert, Brian Fletcher from Eaton, will answer your questions
On the Spot: Drive the Future With Volvo's SuperTruck [Video]
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App Helps Truckers Report Accidents
Charger Keeps Batteries Topped Off in Winter
Tool Designed to Remove Tie Rods and Ball Joints
Driver Wellness Courses Address 3 Key Concerns


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Wednesday, August 10, 2016
Allegany County: 57-year-old woman admits to selling morphine
In Allegany County court Tuesday, Beverly J. Adams, 57, of Hunt Road in New Hudson, pleaded guilty to a felony count of selling morphine in town. Judge Terry Parker sentenced her to five years probation and told her to pay $160 in restitution. District Attorney Keith Slep said that on at least two occasion in 2014, Adams possessed and sold morphine to a confidential informant working with the Sheriff's Department.


text:
In search of stocks that should continue to perform well in this shaky market, Newsweek reported that S&P's equity research team ran a scan with the following four guidelines:
- Positive momentum: 'a 13-week relative strength ranking of 90 or better, based on S&P's proprietary measure. That places their performance in the top 10% of stocks over that time.'
- Technicals: 'most favorable rating according to S&P's proprietary technical-investing model'
- S&P rating: 4 STARS (buy) or 5 STARS (strong buy) from S&P equity analysts
- Non-speculative: market cap above $1 billion and share price over $5.00
The results (alphabetical):
- American Eagle Outfitters (AEOS)
- Archer-Daniels-Midland (NYSE:ADM)
- BT Group (NYSE:BT)
- Disney (NYSE:DIS)
- FMC Technologies (NYSE:FTI)
- Four Seasons Hotel (FS)
- ImClone Systems (IMCL)
- Kohl's (NYSE:KSS)
- TXU Corp. (TXU)
- Tyson Foods (NYSE:TSN)
(The article is available at BusinessWeek.)
Now, I must admit I find this kind of list amusing. The Ten Best XXX Stocks always makes for a grabbing headline, and business and investing magazines love this sort of story. But there's no explanation of what "S&P's proprietary technical-investing model" actually is, nor its predictive value.
And there's no discussion of the stock picking track record of the S&P analysts.
And momentum -- well, that's just momentum. It won't appeal to value investors or long term investors.
And do you really avoid "speculative issues" by requiring a minimum market cap of over $1 billion? Not clear, particularly since these are stocks with "positive momentum" that could be the recent darlings of momentum investors.
Looks to me as though this is a concentrated large cap portfolio with no exposure to technology and no meaningful explanation as to why these constituents are included. Surprising, given Business Week's usually high standards.


text:
Talk:Runic Games
From Wikipedia, the free encyclopedia
|WikiProject Companies
|(Rated Start-class, Low-importance)
Independent Studio?[edit]
Yes, No? --188.8.131.52 (talk) 03:17, 29 October 2009 (UTC)
Max Schäfer[edit]
The Max Schäfer in Wikipedia is not the developer ... 22.214.171.124 (talk) 23:05, 23 April 2010 (UTC)
External links modified[edit]
Hello fellow Wikipedians,
I have just added archive links to 2 external links on Runic Games. Please take a moment to review my edit. If necessary, add
{{cbignore}} after the link to keep me from modifying it. Alternatively, you can add
{{nobots|deny=InternetArchiveBot}} to keep me off the page altogether. I made the following changes:
- Added archive https://web.archive.org/20110711070941/http://www.gamecyte.com/?p=2930 to http://www.gamecyte.com/?p=2930
- Added archive https://web.archive.org/20120323075127/http://www.g4tv.com/games/pc/62407/torchlight/articles/68712/Torchlight-Interview-With-Runic-Games-CEO-Max-Schaefer/ to http://g4tv.com/games/pc/62407/torchlight/articles/68712/Torchlight-Interview-With-Runic-Games-CEO-Max-Schaefer/
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text:
Roman edition
Creative Director: Gaetano Del Pizzo
Art Director: Emanuele Basso
Copywriter: Mattia Canovaro
Photographer: LSD
Highest Rated
l'ho vista un po' ovunque a roma, la trovo molto carina, pulita e delicata...
bravi anche gli lsd...
Not really loving it. Kinda "soooo...." and yes, I know it's supposed to be the Coloseum.
Too many cooks in the kitchen....
It's not an italian matter have cultural and important symbols as Colosseum. Frenches put alway Eiffel's tower.
It's a link to Rome and Gazzetta Rome's edition. Nice link.
Gazzetta dello Sport is pink colored from ages... It's its feature!
l'ho vista un po' ovunque a roma, la trovo molto carina, pulita e delicata...
bravi anche gli lsd...
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text:
- Jan 28th - 29th, 2017
- Saturday 9:00am – 5:00pm
- Sunday 9:00am – 4:00pm
- General: $13.00
Children: $4.00
VIP Tickets also available
The R.K. Tulsa Gun Show will be held on Jan 28th - 29th, 2017 in Tulsa, Oklahoma. This Tulsa gun show is held at Tulsa Fairgrounds and hosted by R.K. Shows Inc of Oklahoma. All federal, state and local firearm ordinances and laws must be obeyed.
800 Tables
Dealer Setup:
Friday Noon - 7:00pm
Saturday 7:30am - 8:30am


text:
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|£26k - 32k per year + bonuses
|Date Posted
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|Expiry Date
Job Description
Team Leaders - Contact Centre
London, England
£26,000 gross per year + shift allowances and bonuses.
Candidates should have at least 3 years experience in a management role gained within a contact centre environment.
it is essential candidates read, speak and write fluent English.
There is a Quarterly bonuses and also excellent package ie health insurance, pension, subsidised candidate etc.
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February 2, 2012
JIMENEZv.BANK OF AMERICA HOME LOANS SERVICING LP, ET AL.
Present: The Honorable MARGARET M. MORROW
Deputy Clerk Court Reporter
Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
None None
Proceedings: Order to Show Cause Why Action Should Not Be Dismissed For Lack of Subject Matter Jurisdiction
On November 15, 2011, plaintiff Silvia Jimenez ("Jimenez") filed this action against defendant Bank of America Home Loans Servicing LP ("BOA"), Bank of New York Mellon ("BNYM"), Recontrust ("Recon"), Maria Zendejas ("Zendejas"), and Does 1-10 inclusive.*fn1 Plaintiff does not allege the citizenship of any party and asserts no specific basis for the court's jurisdiction.*fn2
On or about July 7, 2007, Jimenez went to BOA and acquired the subject property pursuant to a Deed of Trust.*fn3 Jimenez alleges that defendants never fully disclosed the terms of the mortgage loan and engaged in unfair and deceptive lending practices.*fn4 Defendants pushed teaser rates at Jimenez, while selling their loans to third parties and often earning increased profits for riskier loans.*fn5
On or about April 25, 2011, Recon served Jimenez with a Notice of
Default and Election to sell under the Deed of Trust.*fn6
Jimenez asked Recon to comply with all relevant Federal
Mortgage Assistance programs and California Mortgage Assistance
programs, but a Notice of Sale was set for September 2,
2011.*fn7 Prior to the foreclosure sale, Jimenez
alleges that she made improvements on subject property that exceed
$50,000 in value.*fn8 The cover sheet of her complaint
lists nine causes action for intentional fraud, breach of fiduciary
duty, negligence, quiet title, cancellation of deed, "injunctive
relief (2 counts)," cancellation of trustee's deed, declaratory
relief, and recission.*fn9 The of the complaint,
however, pleads only three causes of action for (1) cancellation of
the trustee's upon sale, (2) cancellation of the trustee sale, and (3)
violation of the Unfair Competition Law ("UCL"), Cal. Bus. & Prof.
Code § 17200 et seq.*fn10
A. Legal Standard Governing Assertion of Federal Jurisdiction
As the party invoking federal jurisdiction in this case, plaintiff has the burden of establishing the existence of subject matter jurisdiction. See Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 377 (1994); In re Ford Motor Co., 264 F.3d 952, 957 (9th Cir. 2001); Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996). This burden, at the pleading stage, can be met by alleging sufficient facts to show that there is a proper basis for jurisdiction. FED.R.CIV.PROC. 8(a)(1) (a complaint "shall contain a short and plain statement of the grounds upon which the court's jurisdiction depends"); see McNutt v. Gen. Motors Acceptance Corp., 298 U.S. 178, 189 (1936) ("The prerequisites to the exercise of jurisdiction are specifically defined and the plain import of the statute is that the District Court is vested with authority to inquire at any time whether these conditions have been met. They are conditions which must be met by the party who seeks the exercise of jurisdiction in his favor. He must allege in his pleading the facts essential to show jurisdiction").
The pleading must show "affirmatively and distinctly the existence of whatever is essential to federal jurisdiction, and if [it] does not do so, the court, on having the defect called to its attention or on discovering the same, must dismiss the case, unless the defect be corrected by amendment." Tosco Corp. v. Communities For A Better Environment,236 F.3d 495, 499 (9th Cir. 2001). Since subject matter jurisdiction must be affirmatively alleged, courts will not infer allegations supporting the exercise of jurisdiction. See Watson v. Chessman, 362 F. Supp.2d 1190, 1194 (S.D. Cal. 2005); see also Tosco Corp.,236 F.3d at 499; Century Southwest Cable Television, Inc. v. CIIF Assocs., 33 F.3d 1068, 1071 (9th Cir. 1994).
B. Whether the Court Has Federal Question Jurisdiction Over This Action
Absent diversity of citizenship, federal question jurisdiction is required for a case to be heard in federal court. Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987); see also 28 U.S.C. § 1441(b). Under 28 U.S.C. § 1331, district courts "have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States" (emphasis added). Federal question jurisdiction is presumed to be absent unless plaintiff has alleged a federal cause of action, American Well Works Co. v. Layne & Bowler Co., 241 U.S. 257, 260 (1916) ("a suit arises under the law that creates the action"), a state cause of action that turns on a substantial and dispositive issue of federal law, Franchise Tax Bd. v. Construction Laborers Vacation Trust, 463 U.S. 1, 9 (1983); Smith v. Kansas City Title & Trust Co., 255 U.S. 180, 199 (1921), or a state cause of action that Congress has transformed into an inherently federal cause of action by completely preempting the Avco Corp. v. Aero Lodge No. 735, 390 U.S. 557, 560 (1968).
Whether a claim "arises under" federal law must be determined by reference to the "well-pleaded complaint." Franchise Tax Bd., 463 U.S. at 9-10. It is not sufficient for a complaint to identify the statutory or constitutional provision under which the claim arises; it must also allege sufficient facts to show that the case arises under federal law. Martinez v. U.S.O.C, 802 F.2d 1275, 1280 (10th Cir. 1986); see also Kirkland Masonry, Inc. v. Commissioner, 614 F.2d 532, 533 (5th Cir. 1980).
For federal question jurisdiction to attach,"a right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of the plaintiff's cause of action." Gully v. First Nat'l Bank in Meridian, 299 U.S. 109, 112 (1936). Only where the "right to relief under state law requires resolution of a substantial question of federal law in dispute between the parties" does a state law cause of action "arise under" the laws of the United States. Franchise Tax,463 U.S. at 13 (1983). A claim does not present a "substantial question" of federal law merely because a federal question is an "ingredient" of the cause of action. Indeed, "the mere presence of a federal issue in a state cause of action does not automatically confer federal question jurisdiction." Merrell Dow, 478 U.S. at 813.
Here, all the causes of action listed on the complaint's cover sheet and in the body of the complaint plead claims arising under state law, and no federal causes of action are evident. Although refers to violations of the "Federal Truth in Lending Act TILA provisions [sic] and violations the "Home Owners Loan Act of 1933, 12 USC 1461 [sic]," she pleads no claims for relief under statute.*fn11 "The mere mention of federal statutes, absent assertion of a claim under those statutes, does not provide grounds for federal question jurisdiction." Moore v. City of Los Angeles, No. 09-02587, 2009 WL 1705682, *3 (C.D. Cal. 2009).
To the extent that plaintiff relies on these violations as a basis of her UCL claim, the fact that a federal law serves as an "ingredient" of one of her state law claims is insufficient to confer jurisdiction. See Lippitt v. Raymond James Fin. Services, Inc., 340 F.3d 1033, 1041-43 (9th Cir. 2003) (holding that federal law was not "necessary element" of UCL claim, since plaintiff"does not have to rely on a violation of the Exchange Act nor an infraction of an NYSE rule or regulation to bring a UCL claim in California state court. He merely has to allege that Defendants' conduct was either unfair or fraudulent. . . . Rather, [plaintiff] seeks to use a state statute, namely California's Unfair Competition Law, as a vehicle to hold Defendants liable for misleading and deceptive practices . . ." ). Consequently, plaintiff has not shown that federal question jurisdiction exists here.
C. Whether Plaintiff Has Established the Existence of Diversity Jurisdiction
Absent a federal question, federal courts have jurisdiction only where
there is complete diversity: the plaintiff's citizenship must be
diverse from that of each named defendant. 28 U.S.C. §§ 1332(a)(1),
1332(c)(1); see Caterpillar, Inc. v. Lewis, 519 U.S. 61, 68 n. 3
(1996). In any case where subject matter jurisdiction is premised on
diversity, there must be complete diversity, i.e., all plaintiffs must
have citizenship different than all defendants. See Strawbridge v.
Curtis, 7 U.S. (3 Cranch) 267 (1806). For diversity purposes, a
corporation may be a citizen of multiple states. "[A] corporation [is]
deemed a citizen of any State by which it has been incorporated and of
the State where it has its principal place of business. . . ." 28
U.S.C. § 1332(c)(1). A person is a citizen of the state in which he
has his domicile, i.e., a permanent home where he intends to remain or
to which he intends to return. See Gilbert v. David , 235 U.S. 561,
569 (1915); Kanter v. Warner-Lambert Co., 265 F.3d853, 857 (9th Cir.
2001) ("A person's domicile is her permanent home, where she resides
with the intention to remain or to which she intends to return").
Plaintiff does not allege the citizenship of any of the parties. In
fact, the allegations suggest that all parties are citizens of
California, which would defeat complete diversity.*fn12
As a result, plaintiff has failed to demonstrate that the
parties are completely diverse.
Further, diversity jurisdiction requires that the amount in controversy exceed $75.000. Matheson v. Progressive Specialty Ins. Co., 319 F.3d 1089, 1090 (9th Cir. 2003); see 28 U.S.C. § 1332(a)(1) ("The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between . . . citizens of different States. . ."). "In measuring the amount in controversy, a court must assume that the allegations of the complaint are true and that a jury will return a verdict for the plaintiff on all claims made in the complaint." Korn v. Polo Ralph Lauren Corp., 536 F.Supp.2d 1199, 1205 (E.D. Cal. 2008) (citing Kenneth Rothschild Trust v. Morgan Stanley Dean Witter, 199 F.Supp.2d 993, 1001 (C.D. Cal. 2002)). "The ultimate inquiry is what amount is put 'in controversy' by the plaintiff's complaint, not what a defendant will actually owe." Id. (citing Rippee v. Boston Market, 408 F.Supp.2d 982,986 (S.D. Cal. 2005), and Scherer v. Equitable Life Assurance Society of the United States, 347 F.3d394, 399 (2d Cir. 2003) (emphasis original)).
Here, the complaint contains no allegation that the jurisdictional threshold is satisfied in this case or that the amount in controversy exceeds $75,000. It is the complaint's allegations that the court typically looks to in order to ascertain jurisdiction. Geographic Expeditions, Inc. v. Estate of Lhotka ex rel. Lhotka, 599 F.3d 1102, 1106 (9th Cir. 2010) ("Where the plaintiff originally files in federal court, 'the amount in controversy is determined from the face of the pleadings.'" (quoting Crum v. Circus Circus Enterprises, 231 F.3d 1129, 1131 (9th Cir. 2000)).
The court notes that shortly after filing the complaint, plaintiff filed an application for a temporary restraining order and a supporting memorandum of points and authorities, in which she stated that the purchase price of the home was $289,000.*fn13 This assertion is unsupported by any evidence. As the party asserting jurisdiction, plaintiff bears the burden of establishing the existence of an amount in controversy above the jurisdictional threshold. See Singer v. State Farm Mutual Automobile Ins. Co., 116 F.3d 373, 376 (9th Cir. 1997) (noting with approval Fifth Circuit's holding that "[t]he district court may consider whether it is 'facially apparent' from the complaint that the jurisdictional amount is in controversy. If not, the court may consider facts in the removal petition, and may 'require parties to submit summary-judgment-type evidence relevant to the amount in controversy at the time of removal,'" citing Allen v. R & H Oil & Gas Co., 63 F.3d 1326, 1335-36 (5th Cir. 1995)). Therefore, plaintiff should adduce summary judgment type evidence indicating that the amount in controversy exceeds $75,000.
For the reasons stated, the court orders plaintiff to show cause by February 27, 2012, why the action should not be dismissed for lack of subject matter jurisdiction. Failure to respond by this date will result in immediate dismissal of plaintiff's complaint. Defendant may file a response on or before March 5, 2012.
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text:
Spring Break in Florida
So deep down I was a little excited to be going to Florida for
Spring Break a quick work trip because of the proximity of crazy spring break kids possibility for good sunsets and the prospect of a good work environment. But instead of bringing suntan lotion and a Borat "mankini" I should have brought an umbrella and rain booties. Tampa experienced one of the fiercest storms on record dumping as much as 4" of rain in an hour, 80mph winds and was in an all-day tornado warning. Two tornados touched down within a mile of where I was working which put the base on lockdown and the building power went out.
Being the typical Californian, I wanted to go out in the middle of it to experience the crazy weather, so I drove to Clearwater Wednesday afternoon hoping for a sunset, but instead got an intense electric storm. I met another guy there who was much more experienced in photographing lightning and was willing to share some secrets. I positioned this shot straight down the middle of the old slabs used to keep the pier up, and was safe under the existing part of it (as you can see from the map to the right) I was doing rapid-fire 15" shots and then commanded lightning to strike right in the middle (yes, I pointed like Babe Ruth), and sure enough a couple minutes later… I got it. I was thrilled but he was upset because he's been trying to get that shot for years. Beginner's luck.
This was all I got from my trip. Literally. Well besides the drunken shots of us all salsa dancing at night.
First Place - Ventura County Fair 2011 - Professional Division - Scenery/Nature


text:
King of the Hill
Season 6
Ep 1
Bobby Goes Nuts
To Hank's chagrin, Bobby learns to protect himself by kicking boys in the groin.
Ep 2
Soldier of Misfortune
When Dale is ridiculed by the Arlen Gun Club for accidentally misfiring a weapon, his friends must come up with a plan to help restore Dale's self-esteem.
Season 5
Ep 18
The Trouble With Gribbles
Nancy decides she needs a face-lift, and Dale comes up with a not-so-foolproof scheme to acquire the money.


text:
Bideo.js is a javascript library that makes it super easy to add fullscreen background videos.
jQuery fatNav is a chubby fullscreen menu with nice hamburger toggle.
Nex slider is a blazing fast fullscreen slider optimized for best performances and compatible with all platforms. It allows you to embed images, videos and even google maps in the same slider.
Bootstrap Fullscreen Select is a custom fullscreen select / multiselect for Bootstrap using buttons or User defined elements, designed for mobile devices. This plugin makes it super easy for a user to use the 'select' on small touch screen devices.
A full page menu, that replaces the current content by pushing it off the screen.
Bouncy Navigation is a full-screen navigation, with floating menu items. CSS animations and jQuery used to animate navigation items, and let them bounce in and out the screen.
A call-to-action button that animates and turns into a full-size modal window. It's created by using jQuery, CSS transition and transformations.
3D page fullscreen animated transition with CSS3 and jQuery.
Simple, basic and elegant CSS3 and jQuery driven fullscreen menu.
An experimental fullscreen form concept where the idea is to allow distraction-free form filling with some fancy animations when moving between form fields.
A jQuery plugin for textarea in fullscreen mode.
Intense Images is a stand alone javascript library for viewing images on the full, full screen. Using the touch/mouse position for panning.
jQuery Full Screen Nav plugin makes a
<nav> menu overlay the full screen & calculate a size for links on page load and window resize.
This is a supersized slideshow that automatically expands to fill up the container it's in to let you display a slideshow that either covers the entire visible screen, or a certain section inside the page.
Each image is randomly panned, zoomed in or out to add flare, with an optional caption and persistent description also supported. Set the slideshow to stop after x cycles or run continuously, execute custom code after each image change, etc.


text:
Florida Georgia Line Grow Old
"Grow Old" is a new song by American country duo Florida Georgia Line from the album Dig Your Roots. The track reached the Billboard Top Country Songs chart.
Music Video
The official music video for "Grow Old" premiered on YouTube at the end of August 2016. Watch Florida Georgia Line perform the song.
Grow Old Lyrics
The lyrics to "Grow Old" were written by Zachary Kale and Canaan Smith.Florida Georgia Line Songs


text: Check this out. I just found it on the internet. It's called Crayon Physics. *Requirements : A Nice CPU *Note : It wastes up many RAM and memory so be sure to close all the things before playing *Bugs : May crash if you open RealPlayer after playing this game (Require A Full Reboot) Instructions You play with crayons and physics. The goal of the game is to move the red ball so that it collects the stars. You can cause the red ball to move by drawing physical objects. With left mouse button you can draw and with right you can remove objects. Space - Will reset the level. Esc - Will open the menu. Alt + enter - Will toggle fullscreen. Alt + F4 - Will quit the game. Download Mirror 1: http://www.kloonigames.com/download.php?file=crayon.zip&mirror=1


text:
We stayed in an ocean front room. It was pricey but well worth it. The sunsets in Key West are nothing short of amazing and they were right outside our window. We had Sunday brunch on the pier and it was excellent. The free mimosas didn't hurt either. The staff was courteous, helpful and accommodating.
- Official Description (provided by the hotel):
- Natural beauty and local charm make the Westin Key West Resort & Marina a remarkable destination. Located on the waterfront in the heart of Old Town, this resort is positioned on the sunset side of the island within walking distance of famous Duval Street. It is also one of the country's largest private ports which welcomes cruise ships from around the world. As the only full-service resort in Key West to hold the AAA Four-Diamond rating since 1999, The Westin Key West Resort and Marina boasts a reputation of unmatched hospitality and offers an ideal setting for any occasion. ... more less
- Reservation Options:
- TripAdvisor is proud to partner with Starwood, Hotels.com, Booking.com, Expedia, Odigeo, Priceline and Jetsetter so you can book your The Westin Key West Resort & Marina reservations with confidence. We help millions of travelers each month to find the perfect hotel for both vacation and business trips, always with the best discounts and special offers.
- Also Known As:
- The Westin Key West Resort & Marina Hotel Key West
- The Westin Key West Resort And Marina
- Key West Hilton
- Key West Westin


text:
Sci fi/Fantasy image byJessy Ross
A cute little spring-themed picture of Ekai climbing an apple tree. She is very happy. Sketched a few weeks ago and now finally coloured. I may add a background, however I don't want it to be too complicated. Enjoy!
Published More than a year ago
Category Fantasy
Be the first to favourite this image.


text:
New Media Investment Group Inc. reported a drop in net income, an increase in revenue, and plans to acquire a North Carolina publishing company in its earnings report released Thursday. more
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By Eli Sherman