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September 21, 2011
MVP ASSET MANAGEMENT (USA) LLC, A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFF,v. STEVEN VESTBIRK, JEFFREY BALLIET AKA JEFF BALLIET, ALLISON HANSLIK, JAMES GRANAT AKA JIM GRANAT, ARK ROYAL ASSET MANAGEMENT, LTD, A BERMUDA LIMITED COMPANY, VESTBIRK CAPITAL MANAGEMENT, LTD, A BERMUDA LIMITED COMPANY, ARK ROYAL ASSET MANAGEMENT, LLC, A NEVADA LIMITED-LIABILITY COMPANY, ARK DISCOVERY, LLC, A BUSINESS ENTITY OF UNKNOWN FORM, ARK ROYAL HOLDINGS, LLC, A NEVADA LIMITED-LIABILITY COMPANY, ARK ROYAL SERVICES, LLC, A NEVADA LIMITED-LIABILITY COMPANY, ARK ROYAL CAPITAL, LLC, A TEXAS LIMITED-LIABILITY COMPANY, ARK ROYAL CAPITAL FUNDING, LLC, A NEVADA LIMITED- LIABILITY COMPANY, ARK ROYAL CAPITAL, INC, A NEVADA CORPORATION, ARK ROYAL RESOURCES, LLC, A NEVADA LIMITED-LIABILITY COMPANY, ARK ROYAL ASSURANCE LLC, A NEVADA LIMITED-LIABILITY COMPANY, AND ARK ROYAL INVESTMENTS, LLC, A NEVADA LIMITED-LIABILITY COMPANY, AND DOES 1 THROUGH 10, INCLUSIVE,DEFENDANTS.
Certain Defendants move for dismissal of Plaintiff's First Amended Complaint ("FAC") under Federal Rule of Civil Procedure ("Rule") 12(b)(1). (ECF No. 56.) Defendants argue, inter alia, that Plaintiff MVP Asset Management (USA) LLC ("MVPAM") lacks Article III standing to pursue this securities fraud action since MVPAM "has failed to properly allege its putative standing as an assignee to assert claims purportedly held by MVP." (Mot. to Dismiss under 12(b)(1) ("Mot.") 1:13-14.) MVPAM opposes the motion. (ECF No. 64.)
"A suit brought by a plaintiff without Article III standing is not a 'case or controversy,' and an Article III federal court therefore lacks subject matter jurisdiction over the suit. In that event, the suit should be dismissed under Rule 12(b)(1)." Cetacean Cmty. v. Bush, 386 F.3d 1169, 1174 (9th Cir. 2004) (citation omitted).
[T]o satisfy Article III's standing requirements, a plaintiff must show that (1) it has suffered an "injury in fact" that is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) the injury is fairly traceable to the challenged action of the defendant; and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.
Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167, 180-81 (2000). "The existence of federal jurisdiction ordinarily depends on the facts as they exist when the complaint is filed." Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 830 (1989). Plaintiff has the burden of establishing jurisdiction. See Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 377 (1994).
"A Rule 12(b)(1) jurisdictional attack may be facial or factual." Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004). "In a facial attack, the challenger asserts that the allegations contained in a complaint are insufficient on their face to invoke federal jurisdiction. By contrast, in a factual attack, the challenger disputes the truth of the allegations that, by themselves, would otherwise invoke federal jurisdiction." Id.
Defendants argue their motion is both a facial and a factual attack on subject matter jurisdiction. (Mot. 5:11-13, 20-22.) Since Defendants prevail on their facial attack arguments, only this portion of the motion is reached. Therefore, the factual allegations in Plaintiff's FAC are assumed to be true, and all reasonable inferences capable of being drawn therefrom are drawn in Plaintiff's favor. Wolfe v. Strankman, 392 F.3d 358, 362 (9th Cir. 2004). However, "the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions." Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009).
MVPAM alleges it is "the investment manager to the MVP Fund of Funds Ltd. ("MVP"), an Investment Company organized and existing under the laws of the British Virgin Islands, with unrestricted decision making authority to control, and act as MVP's attorney-in-fact with respect to, all investments and litigation relating thereto." (FAC ¶ 3 (emphasis added).) MVPAM alleges it "brings this action as assignee pursuant to an assignment by MVP for collection[.]" Id. MVPAM further alleges:
In February 2009, pursuant to its power of attorney for MVP . . . , MVPAM caused MVP to enter into an agreement with MVPAM under which MVP assigned its claims arising out of and relating to the Ark Discovery Fund ("MVP Claims") to MVPAM for collection in return for MVPAM's agreement to account to MVP for any recovery obtained, net of the cost of prosecuting the MVP Claims. Stratford, as the sole voting shareholder of MVP with the authority to bind MVP, confirmed and approved on behalf of MVP the assignment of the MVP Claims for collection to MVPAM. As a result of the assignment, MVPAM holds legal title and MVP holds beneficial title to the assigned MVP Claims.
Id. ¶ 87.
Since MVP is "organized and existing under the laws of the British Virgin Islands," the law of the Brith Virgin Islands applies when interpreting MVP's Articles of Association and corporate actions. (FAC ¶ 3.) Defendants request that the Court take judicial notice of "the law of the British Virgin Islands as set forth in the Declaration of Michael Fay[.]" (Request for Judicial Notice ("RJN") 5:14-17, ECF No. 58; Mot. 26:9-18.) While the Court can take judicial notice of the laws of a foreign country, the Court will not take judicial notice of those laws as interpreted by the declarant. See MCA, Inc. v. U.S., 685 F.2d 1099, 1104 n.12 (9th Cir. 1982) ("Under Federal Rule of Civil Procedure 44.1, when the parties have given written notice of intent to raise an issue of foreign law, a federal court may take judicial notice of the laws of a foreign country."). Therefore, the Court takes judicial notice of the British Virgin Islands Business Companies Act of 2004 ("british Virgin Island law"), "[a]n Act to provide for the incorporation, management and operation of different types of companies, [and] for the relationships between companies and their directors[.]" British Virgin Islands Business Companies Act of 2004, http://www.bvifsc.vg/Legislation Library/tabid/211/DMXModule/626/Default.aspx?EntryId=55 (follow "BVI Business Companies Act, 2004 (with 2005 Amendments)" and view page 13 of pdf document).
Defendants argue, inter alia, that "the power of attorney, even as alleged . . . , does not grant MVPAM the authority to transfer MVP's property, or specifically a chose in action, from MVP to MVPAM[ since] . . . [t]he alleged power of attorney speaks only to control over investments and litigation, not rights to transfer property[.]" (Mot. 9:3-5, 7-8.) MVPAM counters: "[as MVP's] attorney-in-fact, [it] has the power to bind [MVP] to contracts governing investments and litigation[,]" and "the assignment of [MVP's] Ark Discovery claims for collection is a contract relating to the Ark Discovery investments and the related litigation." (Opp'n 4:5-8.) Defendants reply that "such arguments are mere legal conclusions that contradict case law and are inconsistent with the scope of the power of attorney as actually alleged." (Reply 3:22-23.)
MVPAM alleges it has power of attorney "with respect to[] all investments and litigation relating thereto." (FAC ¶ 3.) British Virgin Islands law provides that:
(1) Subject to its memorandum and articles, a company may, by an instrument in writing appoint a person as its attorney either generally or in relation to a specific matter.
(2) An act of an attorney appointed under subsection (1) in accordance with the instrument under which he was appointed binds the company.
British Virgin Islands Business Companies Act of 2004, page 70, § 106(1)-(2) (emphasis added). MVPAM's alleged power of attorney is not a general power of attorney, it is specific to investments and litigation related to those investments. As alleged, MVPAM's specific power of attorney does not establish that MVPAM has the power to assign MVP's claims.
Defendants further argue the sole voting shareholder's purported ratification does not save the assignment since "this purported shareholder ratification is not premised upon allegations of fact, but instead on conclusions of law that need not be accepted as true." Id. 11:22, 12:10-11. Defendants also argue "this allegation runs contrary to MVP's governing documents as well as the law of the British Virgin Islands[ since] MVP's Articles of Association provide that its business is to be conducted through its Directors, not its shareholders" and "the law of the British Virgin Islands requires a company's business to be conducted through its directors, not its shareholders." Id. 12:13-18.
MVPAM alleges that "Stratford, as the sole voting shareholder of MVP with the authority to bind MVP, confirmed and approved on behalf of MVP the assignment of the MVP Claims for collection to MVPAM." (FAC ¶ 87.) However, this allegation contains factual allegations and a legal conclusion that the sole voting shareholder of MVP has the authority to bind MVP. Only the factual allegations are assumed to be true.
British Virgin Island law provides that:
(1) The business and affairs of a company shall be managed by, or under the direction or supervision of, the directors of the company.
(2) The directors of a company have all the powers necessary for managing, and for directing and supervising, the business and affairs of the company.
(3) Subsections (1) and (2) are subject to any modifications or limitations in the memorandum or articles.
British Virgin Islands Business Companies Act of 2004, page 70-71, § 109(1)-(3) (emphasis added). Therefore, under British Virgin Islands law, the directors of MVP have the power to manage, direct, and supervise the business and affairs of MVP, unless MVP has modified this general rule in its Articles of Association. MVPAM has not alleged that MVP's Articles of Association modified the general rule as set forth in the Act. Therefore, MVP's directors have the power to confirm MVPAM's assignment of MVP's claims, and the shareholder's confirmation does not bind MVP and make MVPAM's assignment valid. Since MVPAM's allegations are insufficient to allege a valid assignment, MVPAM has not established Article III standing. Therefore, Defendants' motion under Rule 12(b)(1) is GRANTED.
MVPAM is granted ten (10) days from the date on which this order is filed to file a Second Amended Complaint addressing the issues raised in this order. Further, MVPAM is notified that this action may be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) if MVPAM fails to file an amended Complaint within the prescribed time period.
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decided: November 14, 1969.
EDWARDSv.JOHNSON ET AL., APPELLANTS
Appeal from orders of Court of Common Pleas of Allegheny County, July T., 1967, No. 1040, in case of Mary Louise Edwards et al. v. Metropolitan Life Insurance Company.
Justin M. Johnson, with him Johnson, Johnson & Johnson, for appellants.
Alexander Black, with him K. Sidney Neuman, and Buchanan, Ingersoll, Rodewald, Kyle & Buerger, for appellee.
Lisle A. Zehner, for appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Cercone, J. Concurring Opinion by Spaulding, J.
[ 215 Pa. Super. Page 393]
Mary Louise Edwards, claimant, employed the law firm of Johnson, Johnson & Johnson of Pittsburgh, to represent her in her claim against the Metropolitan Life Insurance Company as beneficiary under a family policy issued on the life of one Joseph Rumble, who died July 10, 1959, just four months after purchasing the policy. A written agreement between the Johnson firm and claimant provided that the attorneys were to receive forty (40%) per cent of any recovery, whether by settlement or trial. The insurance company at first refused payment on the ground that despite her designation in the policy as "wife", claimant was not legally married to decedent and that she and the deceased had defrauded the company in so misrepresenting a material fact in a family policy of the kind issued to the deceased, Joseph Rumble. Upon learning of the company's refusal and position in the matter, the Johnson firm upon request of the claimant filed a complaint in her behalf against Metropolitan. Metropolitan filed an answer formally denying liability on the ground that fraud had been practiced upon it by both the decedent and the claimant.
Nothing happened in the case until November, 1965, when Metropolitan advised Johnson that it was prepared to amicably settle the suit for the commuted value of the policy, and on December 2, 1965, claimant authorized Johnsons, her lawyers, to accept one of the optional modes of settlement made available to her under the policy and this acceptance was communicated to Metropolitan which in turn replied
[ 215 Pa. Super. Page 394]
that a release would issue as soon as birth certificates of the children and of the claimant's intervening marriage to a Mr. Edwards were forwarded. The total proposed settlement amounted to $20,091.92 consisting of $17,323.99 cash and policies valued at $2,767.93. The attorney's fee of forty (40%) per cent under the written agreement with claimant amounted to $8,036.77.
However, after receipt of the birth and the marriage certificates, Metropolitan refused to send a check for the total settlement amount which check they had already prepared as payable to claimant and Johnsons because the Company had received word from a member of the Allegheny County Bar Association, with whom claimant, without Johnsons' knowledge, had conferred, that the forty (40%) per cent fee was being contested.*fn1
Claimant then brought the matter before the Allegheny County Bar Association and Attorney William Jacob, Vice President of the Committee on Offenses of the Common Pleas Court of Allegheny County, made an investigation of the case studying the Johnson files and submitting a report to the Committee in which he concluded that there was no impropriety in the case on the part of the Johnson firm and that the attorneys had earned their fees. Metropolitan nevertheless did not release the settlement. The Johnson firm in order to further expedite the settlement, and by agreement with Metropolitan, secured from claimant an express assignment to the Johnsons of the forty (40%) per cent of the recovery amount, the assignment having
[ 215 Pa. Super. Page 395]
been prepared by Mr. Jacob of the Committee on Offenses. The assignment was then forwarded to Metropolitan. Despite the assignment which would have entitled the Johnson firm to receive a check for the forty (40%) per cent fee in their name alone, they were agreeable to having the Company issue one check to claimant for her portion of the cash settlement and one check jointly to claimant and themselves for their forty (40%) per cent fee. Claimant thereafter, without any knowledge or notice of Johnsons, notified Metropolitan not to honor the assignment claiming she was coerced into signing the same. Metropolitan never advised Johnsons of the communication from claimant and yet permitted Johnsons to secure court approval of the settlement, to mark the case settled and discontinued, and to forward a certificate of satisfaction to Metropolitan.
Despite knowledge that claimant would not honor or endorse the check for the attorneys' forty (40%) per cent fee, Metropolitan, nevertheless, sent to claimant the check for her portion of the settlement. Johnsons, because of claimant's refusal to sign the check jointly payable to her and the Johnsons, did not receive their fee and Metropolitan refused to pay them directly because of the revocation of the assignment by claimant. At this point in the case, Metropolitan asked that one of the parties bring suit against it in order that it could interplead the funds.
Claimant thereupon instituted an action in assumpsit against Metropolitan for the amount still unpaid to her, that is, of the attorneys' fee, plus interest. Metropolitan then interpleaded, joining Johnsons as adverse claimants to the fund, and paying into court the $8,036.77 plus interest. The Johnsons petitioned for a rule to show cause why the order granting the interpleader should not be vacated and the interpleader stricken, which petition was denied
[ 215 Pa. Super. Page 396]
and from which no appeal was taken by Johnsons. Upon rejection of their petition to strike the interpleader, Johnsons filed their claim in the interpleader proceedings setting forth the history of the case, the contingent fee agreement and the assignment. They claimed that by virtue of agreement and assignment, the $8,036.77 should be paid to them. Claimant filed no answer to this complaint and as a result, after due notice to her, and after hearing, the Honorable Albert A. Fiok entered judgment against her and in favor of Johnsons. Claimant filed a petition to open, vacate or modify that judgment, but the petition was denied by Judge Aldisert. The said orders of Judge Fiok, granting judgment in favor of the Johnsons, and of Judge Aldisert, refusing to open, vacate or modify that judgment, were appealed by claimant to this Court as Nos. 27 and 28 April Term, 1968, and we affirmed per curiam the lower court in both instances (Edwards v. Metropolitan Life Insurance Company, 212 Pa. Superior Ct. 751). Claimant filed with the Supreme Court of Pennsylvania a Petition for allowance of appeal to that Court, which petition was denied at Miscellaneous Docket No. 3042-A on August 13, 1968.
Metropolitan then petitioned for discharge from liability and for allowance of costs and attorneys' fees from the interpleader fund. Johnsons added their petition for payment of the entire fund to them. Hearing was held on said petitions before His Honor Judge Wessel, in which Metropolitan sought to acquit itself of the charges that it had unlawfully interfered with Johnson's contingent fee agreement and that it was not an impartial stakeholder. Claimant sought to show that the Johnsons had not earned a forty (40%) per cent fee and had not treated her properly in the case.
After an extensive hearing, Judge Wessel handed down an opinion concluding that claimant had been
[ 215 Pa. Super. Page 397]
fully informed by Johnsons as to the content of the 60-40% contingent fee contract when she signed the same, that Johnsons "acted for the best interest of their client, they have done good work, and certainly deserve the compensation to a good steward, so to speak;" but that, "on the basis of the plaintiff's complaint of this dire need of funds and because of the minors involved -- we feel that the claim of 60-40 should be reduced." Accordingly the court reduced the Johnsons' fee from $8,036.77 to $6,500 and allowed Metropolitan costs and attorneys' fees not to exceed $500.00, and awarded claimant an additional $1,132.84. Judge Wessel discharged Metropolitan of all liability to Johnsons.
Johnsons have appealed from the December 3 and 5, 1968, orders of Judge Wessel contending: (1) the pattern and course of conduct of Metropolitan in interfering in the attorney-client relationship here involved was such as to absolutely preclude its asserted right to recover costs and counsel fees, and bars its discharge from an interpleader action brought about solely through its own deeds; (2) the parties may not relitigate an issue once it has finally been decided on appeal, nor will equity permit the unjust enrichment of a party such as claimant who knowingly contracts for, accepts, and benefits from her attorneys' services.
Johnsons also appealed from the refusal of their Petition for Rule To Show Cause why the Order Granting the Interpleader should not be vacated and the Interpleader Stricken. However, it is now too late to appeal from the grant of the interpleader since the refusal of the Johnsons' Petition to strike off the interpleader was, under the facts of this case, a final and not an interlocutory order. This is so, because in their Petition Johnsons denied the following: that Petition for Interpleader was filed in good faith, that it was not in collusion with any party to the actions,
[ 215 Pa. Super. Page 398]
that Metropolitan had no interest in the money in controversy; they set forth Metropolitan's stated interest in the fund, and further alleged various improper actions on the part of Metropolitan in its conduct toward the other parties in the case. The Johnsons denied therein that Metropolitan had not admitted the claim of one of the parties. In effect, Johnsons contended that on the basis of their denials and allegations of their petition to strike, the interpleader was not a proper action because Metropolitan was not an impartial stakeholder. Thus, the court's order granting the interpleader and rejecting Johnsons' petition was a final and appealable order and Johnsons should have appealed from that order if they had so desired. Having failed to timely appeal therefrom it was now too late to do so. As stated in Fisher v. Stevens Coal Co., 136 Pa. Superior Ct. 394, at pages 396-397: "But where the petition for interpleader shows on its face that the petitioner is not a mere stakeholder, but has an interest in the controversy, or has taken some action recognizing the claim of one of the parties as valid, as over against the other, or has incurred a personal liability to either claimant or to both claimants, or has taken any other position that is inconsistent with that of an impartial stakeholder, so that the order of the court directing the money to be paid into court and the claimants to interplead with reference thereto will affect the substantive right of recovery which either of the parties claimant may have against the petitioner as a debtor growing out of a contractual obligation between them, -- or where this fact otherwise clearly appears on the rule granted on the petition -- the order of the court in such event is not interlocutory but is definitive and determinative of substantive rights and is therefore appealable."
The later case of Winnet v. Brenner, 409 Pa. 150, noted such to be the general rule and after quoting
[ 215 Pa. Super. Page 399]
from the Fisher case, distinguished it by holding that the party interpleading was a naked stakeholder with no interest in the fund.
We need not determine the further issue raised by Metropolitan that since the additional plaintiffs (Johnsons) were served and brought on the record only after the order of Interpleader was made only the original plaintiff can attack the Interpleader.
It does not follow, however, that because Johnsons cannot now appeal from the grant of the Interpleader that they cannot appeal from the lower court's distribution of the interpleaded fund and the grant of the costs and attorney fee to Metropolitan. Metropolitan argues that once an interpleader is granted and the money is paid into court, the court is without any discretion but to discharge it from further liability and from further costs and to allow it costs and a reasonable attorney fee. However, we do not agree. Rule 2307 of the Pennsylvania Rules of Civil Procedure provides: "(a) Upon granting a petition for interpleader, the court shall make such order as may be deemed just under the circumstances relating to the payment or delivery into court, or to such person as the court shall direct, of any money or property in controversy disclaimed by the defendant." (Emphasis supplied)
The lower court's decision as to what payment it deemed just under the circumstances is subject to review by this court and if same constitutes an abuse of discretion under the facts and governing law we are constrained to reverse the same. The same is true with the order discharging Metropolitan and allowing its costs and attorney fee. Subsection (b) of the above stated Rule 2307 of the Pennsylvania Rules of Civil Procedure provides: "(b) When the defendant has complied with such order, the court shall enter an order discharging him of all liability
[ 215 Pa. Super. Page 400]
to the plaintiff and to any interpleaded claimant who has been served as required by these rules in respect to the money or property so paid or delivered. If the defendant has disclaimed all interest in the action the court in its order shall also discharge him from all liability for any costs accruing after the entry of the order and shall allow him the costs incurred by him in the action, to be paid from such money or property in the first instance and taxed as costs in the action."
Metropolitan argues that its discharge from liability should be affirmed regardless of what evidence the Johnsons might have been able to adduce in support of their claim of impartiality or collusion and cites Rule 2307(b) of the Pennsylvania Rules of Civil Procedure which sets forth the provision for such an order of discharge without any stated requirements of impartiality and lack of collusion. Metropolitan also argues that the only requirements for an order granting it costs and allowing it attorney fees is that it shall have disclaimed all interest in the action, and that it met this requirement.
The allowance of attorneys' fees to the stakeholder is authorized by the Act of May 21, 1943, P. L. 471, 12 P.S. § 583, which provides: "Whenever hereafter any person, partnership or corporation having in possession money which is claimed by two or more persons or corporations, shall come into any court of record in this Commonwealth, either at law or in equity, and disclaim all interest in the funds, procure an interpleader between the rival claimants to determine the true ownership of the funds, and pay the said funds into court, or as the court may direct, the court shall allow to the stakeholder out of the funds paid into court, its costs and such reasonable counsel fee as the court may determine to be proper, to be taxed as costs of the proceeding."
[ 215 Pa. Super. Page 401]
Where, however, it is shown that the interpleader has ceased to be a disinterested party or a mere stakeholder faced with conflicting claims, or has not acted in good faith in the matter, or has sought to protect its own interests in the matter, such interpleader cannot be allowed costs and counsel fees under the above Act: Nell v. McCrea, 16 Pa. D. & C. 2d 555, 9 Cumb. 12; Shain v. DiDio, 15 Pa. D. & C. 2d 173, 20 Monroe L.R. 101, 74 Montg. 255; In re Bunn Estate, 12 Bucks 671, affirmed 413 Pa. 467, 198 A.2d 518.
When Metropolitan permitted Johnsons to secure court approval of the settlement and to have the docket marked settled and discontinued and a certificate to that effect forwarded to it, without divulging to Johnsons that claimant, their client, had communicated directly with Metropolitan's counsel that she would not honor any assignment made by her, Metropolitan at that point, if not before, became a partial participant in the controversy. By its silence, it knowingly and intentionally set in motion a chain of events which no impartial viewer of the facts would have tolerated or permitted. Metropolitan's lack of impartiality in the matter is clearly demonstrated by the fact that it regarded communications to it by Johnsons' client as privileged communications, and refused to divulge any information with regard thereto even after the Johnsons had learned that there had been some negotiation behind the scenes and had requested information concerning them.
Metropolitan seeks to justify its actions on the ground that it was effectuating company policy by attempting to get into the hands of the beneficiary under a family policy as much of the proceeds thereof as possible, while at the same time arguing it had no interest in the fund. However, regardless of the motives that prompted the Company into so actively participating in behalf of claimant, its actions in this
[ 215 Pa. Super. Page 402]
case constituted unjustifiable interference with the client-attorney relationship that existed between claimant and the Johnsons. Its failure to notify the Johnsons about claimant's communication was an act of bad faith on the part of Metropolitan which cannot be absolved by indications of intent to benefit the beneficiary or to effectuate some company policy of securing to the beneficiary as much of the insurance proceeds as possible. Metropolitan, through its counsel, improperly communicated behind the scenes with claimant and an attorney other than Johnsons, the retained counsel. This was contrary to the Canons of Professional Ethics of the American Bar Association, more particularly Canon 9 which provides: "A lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel; much less should he undertake to negotiate or compromise the matter with him, but should deal only with his counsel . . ."
It is clear from the record that rather than conciliate the dispute between claimant and her lawyers, Metropolitan acted in an unusual and partisan fashion, working to effectuate a payment to claimant that would by-pass the Johnsons in their rightful role of attorneys for claimant. We do not condone such action. We must, therefore, hold that the hearing judge erred in discharging Metropolitan from further liability and in holding that Metropolitan was entitled to an attorney's fee and court costs.
We turn now to the question of the propriety of the Johnson fee and the reduction thereof by the court below. The hearing judge obviously refused to believe the testimony of claimant relating to the Johnsons' treatment of her as a client, which described treatment if believed, would fall below the professional standards required of members of the bar. Her credibility, however, was a matter for the hearing judge,
[ 215 Pa. Super. Page 403]
and the record reveals no abuse of discretion in his conclusion that "We feel that the (Johnsons) have acted for the best interest of their client, they have done good work, and certainly deserve the compensation to a good steward, so to speak." This determination is substantiated by the report and testimony of Attorney William Jacob, Vice-Chairman of the Committee on Offenses of the Court of Common Pleas of Allegheny County, who had investigated the matter after complaint by claimant.
The hearing judge determined that the Johnsons were not guilty of the misconduct testified to by claimant, that they had done good work in her behalf, and that the contingent fee contract had been knowingly signed by her and was not invalid for any reason. Having made this determination, he could not thereafter proceed to reduce the agreed-to fee on the basis of the "dire need" of Mrs. Edwards and the minor children. The Court stated: "And while we feel that there may be some question, or at least (Edwards) questions the power of attorney awarding this compensation on a 60-40 basis, as I understand it, we feel in fairness -- not because of lack of work or not because of inconsistencies or irregularities of the (Johnsons), as complained of by (Edwards), but on the basis of the overall coverage in this case, the overall return; and on the basis of the plaintiff's complaint of this dire need of funds and because of the minors involved -- we feel that the claim of 60-40 should be reduced."
It is our opinion that the court was powerless to so rewrite the agreement between the parties once it upheld the validity thereof. As stated by the Supreme Court in DiPompeo v. Preston, 385 Pa. 512: "The defendants here are seeking to take Equity into a realm where it has no right or duty to enter. While Equity stands ready to rescue the lambs from the wolves, it has no obligation to guide persons who are sui juris
[ 215 Pa. Super. Page 404]
in the conduct of their own affairs or to save them from the results of their own imprudence, if there be imprudence. Equity cannot contract for the parties. It is only where circumstances come to light which so shock the concept of fairness and justice that it would be unconscionable to enforce the bargain that Equity intervenes."
As a last addition, it must be noted that Judge Fiok had already entered judgment against claimant and in favor of the Johnsons when claimant failed to file Answer to the allegations of the new matter of Johnsons' Complaint that she was liable to them for the forty (40%) per cent fee under the contingent fee agreement and the assignment. Such judgment would preclude her further litigating the issue of her liability therefor to the Johnsons. In Breckline v. Metropolitan Life Insurance Co., 406 Pa. 573, the Supreme Court held that the lower court had improperly entered judgment on the pleadings against the widow-claimant for the reason that: "The widow-claimant's answer effectively denied the execution and existence of the designation in favor of the plaintiff, and demanded proof thereof. In view of this, the court below erred in entering judgment on the pleadings. Such a denial requires proof before the execution of the instrument, which is vital to plaintiff's case, may be deemed to exist . . ."
It would follow from the above that when no answer was filed to Johnsons' New Matter by claimant, a judgment on the pleadings can be entered against her, with all the full force and effect of any other judgment on the pleadings.
We accordingly find that the court below erred in its orders granting an award to claimant and awarding costs and fees to Metropolitan and discharging it from all liability and from future costs. We find that the record in this case, for the reasons hereinbefore
[ 215 Pa. Super. Page 405]
set forth, requires a reversal of those orders and a grant to the Johnsons of the full amount of the interpleaded fund, to-wit, $8,036.77 with interest from April 6, 1967, the date the Johnsons marked the case settled and discontinued and delivered to Metropolitan a certificate of Satisfaction, Settlement, and Discontinuance.
We see no reason for remanding the matter for further hearing in this already unreasonably protracted matter, the rights of the parties clearly appearing of record. This Court, under the Act of June 24, 1895, P. L. 212, § 8, par. 8 (17 P.S. § 192), has the authority and power to reverse and modify any order, judgment or decree as it may think to be just. We remand the case solely for the purpose of having the Prothonotary enter the judgment as herein modified on the appropriate dockets.
Orders of December 3, 1968 and December 5, 1968 are hereby reversed, costs to be borne by appellee.
Appeal from the Order of Judge McKenna of June 2, 1967 is hereby quashed.
Upon compliance with the judgment herein modified, the Metropolitan Life Insurance Company shall be entitled to have entered in its favor an order of discharge.
Case remanded for entry of judgment as modified.
Concurring Opinion by Spaulding, J.:
Although concurring in the result, I do not fully agree with the reasoning of the majority in two phases of this litigation.
First, since the appeal from judgment in Edwards v. Metropolitan Life Ins. Co., 212 Pa. Superior Ct. 751, 242 A.2d 281 (1968), was a final determination of the propriety of Judge Fiok's order granting interpleader, it is not now necessary to determine whether that order was interlocutory or final and appealable. In Fisher v. Stevens Coal Co., 136 Pa. Superior Ct. 394, 7 A.2d 573 (1939), an order granting equitable
[ 215 Pa. Super. Page 406]
interpleader was held final and appealable where the entry of the order affected the substantive right of the interpleaded parties to recover against the petitioner. As indicated in Winnet v. Brenner, 409 Pa. 150, 185 A.2d 318 (1962), Fisher is an exception to the general rule that orders granting interpleader are interlocutory.
Fisher is not applicable in the instant case. The dispute between the parties is limited to which of them are entitled to the interpleaded fund; unlike Fisher, there is no suggestion that Metropolitan may have an aggregate liability to both parties beyond the interpleaded amount.
Secondly, as against Edwards, I conclude that Johnson, Johnson & Johnson is entitled to the entire interpleader fund solely upon the principle of res adjudicata. In Edwards v. Metropolitan Life Ins. Co., supra, Edwards asserted that orders directing entry of judgment in favor of Johnson, Johnson & Johnson and denying Edwards' petition to open, vacate, or modify the judgment were in error due to the impropriety of the Johnsons' professional conduct. As this Court upheld the propriety of the contingent fee agreement in Edwards, the court below erred in again reviewing it.
[ 215 Pa. Super. Page 407]
In relying upon DiPompeo v. Preston, 385 Pa. 512, 123 A.2d 671 (1956), the majority suggests that contingent fee agreements must be enforced to the same extent as other contracts. I cannot agree. Unlike other contracts, contingent fee agreements are subject to the inherent powers of the courts to supervise the administration of justice and may be reduced whenever found, under the particular facts of individual cases, to be unreasonable. A.B.A., Canons of Professional Ethics, Canon 13; Thompson Estate, 426 Pa. 270, 232 A.2d 625 (1967); Richette v. Pennsylvania R.R., 410 Pa. 6, 187 A.2d 910 (1963); Topton National Bank Page 407} v. Holland, 190 Pa. Superior Ct. 501, 154 A.2d 252 (1959). Consequently, I do not concur in the implication that contingent fee agreements are fully enforceable unless governed by the equitable doctrine of unconscionability. The Johnsons' right to the entire fee in this case has been fully considered previously and finally determined, and it is unnecessary to consider again whether it should be reduced.
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They actually looked the same LOL.
In my contact with Katie, I had sent a picture of what my bouquet would look like and request and assortment that was close to that.. and viola! I was happy with both Marvin and Zuniga and had no regrets in my decision. If Zuniga's prices are the same, make it easy on yourself and simply go with them.
They are already approved MP vendors so you avoid any extra fees
You don't have to worry about if someone is late or not
You don't have to worry about if someone got stuck at the gate etc...
Originally Posted by CafeDelMar21
Would you say the flowers were better from Zuniga or Marvin?


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Ciao Italia
Macaroni/MaccheroniSeries Website »
Episode Guide »
Cold outside? It's comfort food inside when Mary Ann breaks out the pasta to prepare winter favorites that taste fantastic all year-round, starting with rich and cheesy Baked Ziti, and then her mom's favorite, Baked Macaroni and Cheese Mini-Macs; rich, filling, uncomplicated, and hearty too. Does it get any better than this? No.
CommentsShare your thoughts, questions, and comments on "Ciao Italia" here.
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Pet bunny refuses to eat dirty apples
Be the first to suggest a tag
Sometimes pets can be so strange. When this adorable bunny rabbit is given a cup of apples, he picks it up and forces his owner to take it back! We've seen bunnies eat carrots off the ground! Come on bunny, haven't you ever heard that you should never look a gift horse in the mouth!
uploaded 1 year ago by AFV in Rumble > Funny & Cute Animals, 1,088 views, Virality: 12%


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Looking for a cake that is easy to make and ideal for celebrations? Try this scrumptious Chocolate Tiramisu Cake!
Add gorgeous Marbling to your Oreo Cookies!
Browned butter sugar cookies are so simple, but are packed with amazing flavor. Perfect for your Christmas cookie tray.
This ice cream is gluten free, vegan, and paleo. It will be your #1 official favorite holiday treat.
Red Wine Risotto
Every party needs something sweet, something salty, something light and something indulgent. This ranch slow cooker chex mix is both salty and addicting!
Old Fashioned Molasses Crinkles are one of the chewiest, yummiest cookies to make for the holidays, you will absolutely love them!
Make an easy and simple but yummylicious treat that both kids and adults will love with this foolproof jam donuts recipe!
Coronation Turkey Salad for Thanksgiving Leftovers
This potato salad was going to be a classic but then we roasted the potatoes and it took things to a whole new lever! We love warm roasted potato salad!
We've tried many a ham recipe, but this is probably the World's Best Brown Sugar Ham. The best part is, you can make it in the oven or slow cooker.
I love finding old fashioned, favorite family recipes that you may have grown up eating at Grandma's house, like this Cinnamon Raspberry Buckle Cake.
If pork is your favorite thing to cook, try this scrumptious apple pork loin recipe! It makes a great dish for entertaining or just a family dinner!
These potato rolls don't require any kneading and are hands down the best rolls we've ever had. Our number one most requested recipe
Hearty yet tender dumplings packed with the nutritional goodness of butternut squash and drenched in a buttery sage sauce
This recipe for Cheesy Chicken Melts is an easy dinner idea made with slices of bread, red pepper jelly and chicken topped with 100% real, natural cheese from Sargento®.
Double Chocolate Brookies - a delicious combination between brownies and cookies!
No room in your oven? That's no problem with this easy and incredibly tasty Slow Cooker Butternut Squash and Apples side dish!
If you are a cauliflower hater this brown butter cauliflower soup is for you. It's creamy, silky, and takes no milk or cream plus it tastes like potato!
This cranberry orange cake with cream cheese frosting is bursting with holiday flavors.
Holiday cocktail with fresh, in-season flavors of citrus and cranberry, mixed with amaretto.
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Perfectly moist, perfectly chocolate and perfectly perfect for any gathering or holiday this simple chocolate peppermint cake is the best holiday cake.
This Quick Parmesan Garlic Bread is super-easy, better than store-bought, and a great way to use up leftover bread or rolls!
Enjoy this perfect fall Apple Cider mule cocktail at your next party!


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Heinlein was also devoted to space flight and humanity's future in space, and he was a commanding presence to all around him in his lifetime. Given his desire for privacy in the later decades of his life, the revelations in this biography make for riveting reading.


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German translation of swan
Schwan m
intransitive verb(British, informal)
- to swan off
abziehen (inf)
⇒ to swan around (the house)
zu Hause herumschweben (inf)
Example Sentences Including 'swan'
If he chose to swan off with Nicola Richmond... The pencil she was holding tightly between her fingers suddenly broke.The Book Lady
And any minute now, Maartens would swan in and demand an update.THE LAST TEMPTATION (2002)
The figure in the biggest fountain was in the shape of a huge golden swan , water spouting from its beak.Desperadoes
Trends of 'swan'
View usage over:
'swan' in Other Languages
- Arabic: إِوَزٌّ عِرَاقِيّ
- Brazilian Portuguese: cisne
- Chinese: 天鹅
- Croatian: labud
- Czech: labuť
- Danish: svane
- Dutch: zwaan
- European Spanish: cisne
- Finnish: joutsen
- French: cygne
- German: Schwan Schwäne
- Greek: κύκνος
- Italian: cigno
- Japanese: 白鳥
- Korean: 백조
- Norwegian: svane
- Polish: łabędź
- Portuguese: cisne
- Romanian: lebădă lebede
- Russian: лебедь
- Spanish: cisne
- Swedish: svan
- Thai: หงส์
- Turkish: kuğu
- Ukrainian: лебідь
- Vietnamese: con thiên nga
Translation of swan from the Collins English to German Dictionary
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Several organizations and groups in Grant County are making plans to help families in need this holiday season.
The Salvation Army of Grant County is seeking help from the community in its efforts to make sure everyone in the community can celebrate this winter.
There are several ways to get involved with the Grant County Unit of Salvation Army.
There is a need for bell ringers. Bells will be ringing outside Wal-Mart in Dry Ridge on Friday and Saturdays.
Grant County Schools will honor the dedicated service of Superintendent Ron Livingood, along with school board members Jim Colson and Dr. Alice Heeger-Hartman.
A reception will be held from 2:30 to 6 p.m. Thursday, Dec. 8 at the Grant County Board of Education office, located at 820 Arnie Risen Blvd. in Williamstown.
Following the reception, the school board will have a special presentation at 6 p.m. to begin its meeting.
Livingood has served as the district's superintendent since 2011 and will be retiring at the end of December.
Grant County Clerk Tabatha Clemons has made many upgrades and changes to the clerk's office in her first two years.
However, there is another change she hopes to bring with the help of the county.
Clemons wants to make the clerk's office more handicap accessible.
Currently, the handicap entrance is at the back of the building, where once inside an elevator can be taken upstairs to the clerk's office.
A video of a Grant County school bus caught under a Dry Ridge railroad crossing gate as a train closely passes by has some in an uproar.
The video, which was posted on social media, was taken from inside the bus and shows the arm of the crossing gate coming down on top of the bus at the south crossing on Needham Lane. Outside the bus window, a train can be seen passing dangerously close by on a second track.
Comments posted on Facebook ranged from demanding the bus driver be fired to being thankful the situation did not end in tragedy.
With each ring of the bell, smiles from Williamstown Elementary kindergartners and first graders grew bigger.
The Grant County Public Library held its inaugural Literacy Bell event Nov. 21 to celebrate local students who have learned to read.
Santa Claus is literally coming to town on Saturday, Dec. 3 when Grant County celebrates A Country Christmas in downtown Williamstown.
The festival gets underway at 4:30 p.m. with a pancake supper with Santa at Williamstown Baptist Church. The free pancake supper is sponsored by the Williamstown Kiwanis and will last until 6 p.m. Santa will be available for photos. Bring your own camera.
After their biannual leadership elections, the Kentucky Senate Majority caucus announced their leaders for the 2017-2018 Sessions of the Kentucky General Assembly.
Senate Majority Floor Leader Damon Thayer of Georgetown was again chosen by the Senate Majority members to lead them on the Senate floor. Thayer was first elected to the Senate in 2003 and was selected as the majority floor leader in 2012 after Senator Robert Stivers of Manchester departed the position to become the Senate President.
As providers of funeral services in our community since 1881, the staff of the Stanley Funeral Homes and McDaniel Funeral Homes are aware the holidays are often a difficult time for those who have experienced the death of a loved one.
The staff of the Elliston-Stanley Funeral Homes in Williamstown and Crittenden will host the 22nd annual Celebration of Remembrance at 3 p.m. Sunday, Dec. 4 at the Elliston Stanley Funeral Home in Williamstown.
Name of competition: 2016 Bands of America Grand National Championships
Location and date: Lucas Oil Stadium in Indianapolis, Indiana on Nov. 10 through Nov. 12
Ranking and any awards:
The Band Of Spirit performed on Friday evening at 8:45 p.m. in front of their largest audience of the season.
There were 100 competing bands performing in the quarterfinals at this event from across the country, which 36 bands were selected for the semi-finals.
Copyright © 2016
The Grant County News is your source for local news, sports, events, and information in Dry Ridge, KY and the surrounding area.


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Swedish Flat Bread
Total Time
2hrs 15mins
Prep 15 mins
Cook 2 hrs
A lowfat, high fiber recipe from "Healthy Vegetarian Cookery" by Nicole Oakley
Ingredients Nutrition
- 225 g stone ground whole wheat flour
- 225 g rye meal or 225 g barley flour
- 1 teaspoon salt
- 250 -350 ml tepid water
- Blend flours and salt together.
- Mix in sufficient water to bind into a dough- the quantity will depend on the types of flour used.
- Beat until the dough leaves the sides of the bowl, then turn on to a floured board and knead thoroughly.
- Heat a griddle or frying pan over a moderate heat and grease it.
- Divide the dough into four and roll out one quarter into a round as thin as possible.
- Using a plate about 20 cm (8 inch) wide, trim the edges into a neat circle.
- Prick all over to prevent the dough bubbling during cooking.
- Transfer to the griddle or frying pan and cook over a moderate heat for about 15 minutes or until slightly coloured, then turn and cook the other side.
- Repeat with the rest of the dough, working up the trimmings for re-rolling and baking.
- Cool on a wire tray.
Most Helpful
Extra crisp, real chewy & healthy! Easy to make, good with soup!


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Spacious living room and remodeled kitchen. Updated flooring, bathroom and newer roof. Lots of natural light. Attic space refinished. Super size backyard with private patio area ready for expansion and entertainment. Close to downtown, transportation, schools, park and Greenhouse shopping center.


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text: More for Stop than anything else but ive got to ask, what's with this punishment if I don't rate? I understand trying to gain activity but isn't this forcing people to do something not rewarding those who do? Didn't post this in the section as I didn't want to clutter it but you're welcome to move it of you wish.


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Praying For Keeps "Prayer Conditioning" Blog #2
If you want to learn how to pray based on the authority of God's Holy Word, you must first understand the purpose of prayer. It is not to ask God for your will to be done, but to submit and conform to His. Prayer is also the vehicle through which God shares His purpose and direction for our lives and for the world around us. He wants us to talk to Him. He deeply desires intimacy with us. And the great thing is He is never too busy, He will never place you on hold, and He will never ask to call you back later. He is there waiting 24/7 for a chance to speak with you and me.
After understanding the purpose of prayer, every believer should meet three basic prayer conditions. And the first is making it a top-drawer priority for your life.
Parent Map: "The Adoption Option" Blog
Do you remember the day you were adopted? Now, you might be thinking, "Ed, uh, I was born to and raised by my biological parents". That is great! However, in a real sense, every single person on the planet falls into one of two categories: the adopted and the orphaned. The word "orphan" simply refers to a child who has been deprived of parental care and has yet to be adopted. Sadly, far too many people are spiritual orphans. But the good news is, is that because of God's love adoption is an option.
Juicy Fruit "Patience" Blog
God wants to teach us while He tests us. The Holy Spirit guides us through these situations to learn a new look. Did you notice my emphasis on the three "I" words: interruptions, inconveniences, and irritations? This is the exact problem with our impatience—we are completely self-focused and me-istic: my schedule, my agenda, my feelings, my finances, my commitments. When we focus on, "I" we do not have "eyes" the way God wants us to see. However, if we cooperate with the Holy Spirit, He will softly take our head in His hands and shift our focus from "I", "me", and "my" to the sky. And suddenly, when we take our eyes off ourselves, we will have a new look allowing God to build patience in our lives. For example, I recently ate lunch at a little Chinese restaurant. When you enter, you order at the counter, receive it, and then take it to a table. After waiting for several minutes, with tray in hand, I saw an open table. Well, I took one-step forward, when a woman four people deep in line, bolted in front of me with a romance novel in one hand, her purse in the other, and threw both items on the table. She gave me a look that said, "The early bird gets the worm, baby". For a second I fumed, until the Holy Spirit told me to quit looking at myself and focus on Him—a new look. And, when I thought of God's patience with me, it put a new spin on the entire situation. Proverbs 14:29 states, "A patient man has great understanding, but a quick-tempered man displays folly". Patience is a marker of spiritual maturity. I define this as waiting without worry.
That Thing We Do "The Finest Hour" Blog #1 Preparation
When we are prayed up, linked up, rested up, dressed up, and fessed up for the finest hour, we are showing God the respect He deserves. Because we are prepared, we are open to God's voice, and better equipped to respond to His identity and activity by what we say and do in every facet of life. Something supernatural transpires as we unite as the body of Christ to praise His name.
Maybe you are thinking, "Well Ed, I am not a believer—I mean I can't extend my hand to God, even though you claim He is extending His hand to me. Can I just extend a pinky?" Jesus is saying, "Yes!" He said if you have a pinky-sized faith, the faith of a tiny mustard seed, you can know Him personally. When my kids were small I would grasp their hands before crossing the street. I could feel them trying to wiggle free, but because I am their father and stronger I would not let go. God is the same way! He loves you! You are His child! Extend your pinky and He will lead you into a life of worship! He will rain down blessings upon your life—blessings so great they would make Bill Gates' fortune seem like chump change!
Your Relationship With God
After that, I'll pronounce them and then I'll say, "You may kiss the bride." [Ed turns to Chris and Yanci] Now, I won't have you kiss right now. Remember, I talked about what you don't do before you say, "I do." I'm kidding, it's OK to kiss. I'm joking around. [The congregation laughs] You see, the people that laughed have been here for the whole series. Those who didn't laugh didn't even get it. That's all right.
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Occupational Path Is A Bunch Of Relational Wreckage by Pastor Ed Young
Maybe that is not your reaction. Maybe you don't do the Tupperware thing. Maybe you do the U-HAUL thing. Maybe that is how you deal with difficult people. When a difficult person rears his or her ugly head, instead of really coming clean and speaking the truth in love, what do you do? You just go back to your office, you pack up your things and you leave. You move. You move from office to office, occupation to occupation, workspace to workspace thinking you can move away from irregular people. I have got news for you. They are everywhere. You can't get away from them. Nor can I. Do we have anybody doing the U-HAUL thing? Moving from job to job, occupation to occupation, just because you have a little relational turmoil? Could that be you?
Some of us do something else, a kind of aggressive reaction. We do the monster truck think. We probably have a lot of monster truck men and women in the house. A difficult person rears his or her ugly head and instead of doing the Tupperware thing and containing it, instead of doing the U-HAUL thing and moving, you just fire up those big engines. You look at them like a little tin car and you fire up those engines and you just dominate them. You yell at them. You get on their case. You just nail them and you run right over them. And now and then during your semiannual moments of introspection, over the roar of the engine you may look in the rearview mirror and all you see in your occupational path is a bunch of relational wreckage.
Well maybe you don't do the Tupperware thing. Maybe you are not doing the U-HAUL thing, nor the monster truck thing. Maybe just maybe you are doing the satellite thing.
Boy what a spiritual giant, man, hey Jonah, amen and amen there.
Put God In The Top Slot by Pastor Ed Young
Come with me and I will show you the EZ method on how to drive." I was wondering what my parents had done to me.
I had to be behind the wheel with Tony Sellers for hours and hours and hours, looking that the nerdy jumpsuit. He would say, "OK, Ed, excelerate, excelerate. Stop, stop, stop." One time he had to override my brakes and slam on the brakes for me. But he was always telling me one thing. "Ed, check in the rearview mirror, please. Every 30 seconds, check. Ed, you haven't checked. Check. Ed, one more time. Check."
I want you to check in the rearview mirror of your life because I am going to do the same thing. If we put God in the top slot, worship Him as God, honor Him as God, let me tell you what the evil one is going to do. The evil one will have something chasing God, trying to overtake God, trying to elbow God out, trying to take our sovereign Savior and put Him on the back burner and this god or goddess wants to run the show. I have got something chasing Christ in my life and so do you. What? How will you know? When you have idle mind, kind of in neutral, hanging out, what occupies your mind? Is it yourself? Your problem is selfism. Selfism is chasing you. Is it maybe the thrills and chills of life? Well, thrillism could be your deal. Are you always thinking about things, dreaming and scheming and acquiring things? That could be in second place. Or maybe it is knowledge. What is chasing you? Constantly look in the rearview mirror of your life. When you do, when you watch it like a hawk, it will help you to reorganize and constantly reprioritize your life. So today, ladies and gentlemen, I pray that we have taken off our shoes and turned them over. And I pray that we have begun to polish our scarred up and scuffed up soles. This is going to be a ten-part process of polishing. When we really begin to polish our soles, no longer will we ever, ever deal with idol minds.
You've got to thank God for the wind. Jonah, though, didn't pay that much attention. And the Bible says the winds were blowing at such a force, force-ten winds, that the sailors were frightened.
To Get an Opportunity to do that by Pastor Ed Young
What if, for example, my stomach said to me, "Hey, Ed, man, I don't want to work anymore. I just want you to feed me." If I could talk back to my stomach, I'd say, "Get to work!" In several weeks I'm going to Atlanta to speak before about 2500 young leaders, most being pastors—I get an opportunity to do that now and then.
And, now and then, these pastors will say to me, "Ed, I meet people in my church who come up to me and say, "Hey, I just want to get fed." If someone ever tells you that, and I challenge these leaders, just tell them this, "Get to work!" You don't grow just by saying, "Feed me, baby, feed me." You grow and you're blessed and you mature by getting to work. Just think, we've got some people right now who are sitting on the stands.
Touchdowns for The Glory of God by Pastor Ed Young
You're sitting on your blessed assurance right now. And it's time to leave the stands and hit the field. But if you are not using your God-given skill set within this context of a local church, you are keeping this body of Christ from being all it can be, of scoring more and more touchdowns for the glory of God. You are keeping it, you are holding it back. You're stagnating it. Don't let that be you.
I'm drafted, I'm signed, I'm gifted. Number four: Colossians 3:23, I'm coached. "Whatever you do, work at it with all of your heart, as working for the Lord." See, I'm not speaking for you. I'm not speaking to try and impress somebody. I'm speaking for an audience of One. Every time I say, "God, I want to please you. I'm about you. I'm worried about your eyes, your agenda. You're the coach.
A Mature Believer by Pastor Ed Young
You're the man," then my life soars. The moment I say, "Oh, I wonder what they're thinking about what I said. I wonder what that group thinks. I wonder what these pastors over here think." That's when I mess up, and you're the same way when you start comparing yourself to others. "I wonder what they think. I wonder what she thinks. I wonder how I look. I wonder…" It's about God.
Let me tell you what a mature believer says. A mature believer says, "How can I help you? How can I serve you? How can I get outside of myself and do something for you? How can I work in the most important thing around: the local church?" The immature believer is the stomach believer. "Feed me, baby, just feed me. I don't want to work. I'll just sit and soak and sour. Just feed me." I'll say it one more time: get to work! Get to work.


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James Bradley - James Bradley (1979)
Artist: James Bradley
Title Of Album: James Bradley
Year Of Release: 1979
Label: Malaco Records
Genre: Funk / Soul, Disco
Format: MP3
Quality: CBR 320 kbps
Total Time: 00:43:49
Total Size: 127 mb (+5%rec.)
01. Let's Paint The Town
02. Wrapped Up In Your Love
03. I'm In Too Deep
04. I Can't Get Enough Of Your Love
05. Knowing You're My Everything
06. Never Too Far Away
07. Let's Do It Together
08. The Night We Called It A Day
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Islamabad, Sep 17 (IANS) The death toll has gone up to 28 in Pakistan's Mohmand Agency after a suicide bomber blew himself up in a mosque during Friday prayers, authorities said.
A suicide bomber targeted a mosque in Mohmand Agency's Anbar tehsil, leaving at least 24 people dead, including five children, and 31 others injured.
The injured were transported to hospitals in Bajaur Agency, Charsadda and Peshawar for treatment.
The bombing took place in the village of Butmaina in the Mohmand tribal district bordering Afghanistan, where the army has been fighting against Taliban militants.
Akbar said that the bomber came in as Friday prayers were in progress and blew himself up in the main hall. A curfew was later imposed in the area.


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27643 Country Ln. Rd., Laguna Niguel, CA 92677
- $1,199,000
- 62 Days on site
- Est: $4,442/month
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Data provided by Informa Research Services. Payments do not include amounts for taxes and insurance premiums. The actual payment obligation will be greater if taxes and insurance are included. Click here for more information on rates and product details.
- Mortgage Center
- Beds: 4
- Baths: 3 Full
- Single Family Home
- 2,730 sq ft
This Spectacular "Panoramic View" Property is Situated in a Premier End of Cul-de-Sac Location. This Stunning Property was Built in 2012 and is a Fiora Model with 4 Spacious Bedrooms (One Bedroom Downstairs and Full Bath). It is Situated in the Prestigious Guard-Gated Neighborhood of "San Joaquin Hills" which features Two Community Pools and Spas, and an area with a Tot Lot, Sports Court and Small Park. This Property is Light, Bright and Immaculate! Beautifully Upgraded Throughout with a Gourmet Kitchen with Large Center Island, Granite Countertops, Top of the Line Stainless Appliances and Opens to a Large Family Room which overlooks the Lovely Backyard. Beautifully Landscaped and Hardscape Backyard with a Lovely California Room with Outdoor Fireplace and Pre-Wired for a Media/TV Too-Perfect for All of Your Entertaining Needs. Luxurious Master Suite with Exquisite Marble Bath with Jetted Spa Tub Overlooking Breathtaking Endless and Forever Sunsets Views. Click here to learn more about this listing.
- Year Built: 2012
- 62 Days on site
- Single Family Home
- Beds: 4
- Baths: 3 Full
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Listing Details
- Family Room
- Yes
- Appliances
- Built-In Appliances, Dishwasher, Microwave, Range-Freestanding-Gas, Refrigerator
- Flooring
- Wood
- Lot Features
- City View
- Lot Size
- Approximately 4356 Square Feet
- Parking
- Garage, Parking Space (3)
- Roof
- Tile Roof
- Features
- Stucco Exterior
- Cooling
- Central Air, Central Cooling
- Heating
- Forced Air
- Assessed Taxable Amount
- $884,596
- Tax Amount
- $8,835
- Last Transaction Date
- 12/13/2012
- Last Transaction Purchase Price
- $850,500
- Property Type
- Single Family Residence
- Bedrooms
- 4
- Bathrooms
- 3
- Home Size (Sqft)
- 2,730
- Lot Size (Sqft)
- 4,723
- Lot Size (Acres)
- 0.11
- Year Built
- 2012
- Parking
- Garage
Public Facts: As provided by County Assessor and Recorder offices. May not reflect recent additions or improvements. If you see any errors, the best way to get the records updated is to contact your local county records office. If any of the information in this section conflicts with property information provided by a listing agent or broker, agent-provided information should be deemed more reliable.
Local Info
| Median Household Income
| Median Years In Residence
| Median Homeowner Age
| Households with Children
| Percent of Homes Rented
Nearby Elementary Schools
- Tutor Time
- 24291 Avila Rd
- Laguna Niguel Elementary
- 27922 Niguel Heights Blvd
- Laguna Niguel Montessori Center
- 28083 Moulton Pkwy
Nearby Middle Schools
- Journey
- 27102 Foxborough
- Community Roots Academy
- 23431 Knollwood # p31
- Aliso Viejo Christian School
- 1 Orion
Nearby High Schools
- Aliso Niguel High
- 28000 Wolverine Way
- California Connections Academy @ Ripon
- 580 North Wilma Ave
- Capistrano Connections Academy Charter
- 26800 Aliso Viejo Pkwy
These are the closest schools to your requested location. Proximity does not guarantee enrollment eligibility. Please consult your real estate agent or school district to confirm the schools you are zoned to attend.
Mortgage Rates
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Property Contact Info
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Habib Kairouz
Habib Kairouz is a managing partner of Rho Capital Partners and Rho Ventures as well as a member of the Investment Committees of Rho Canada Ventures and Rho Fund Investors.
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Il Pastaio Articles — Things To Know Before You Go
While Italian cuisine involves many meats, cheeses, seafood, and vegetables, most of us associate Italian cuisine first and foremost with pasta. Pasta comes in many shapes and sizes, and each shape... read more
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6 Courses Chefs Tasting Menu
Antipasto Casarecci
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