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Dream Hunter
Cynthia Courtland is career driven. She wants nothing more than a promotion at work. When some trouble at the office derails her focus, she is determined to get to the bottom of things. Gabe's life is work too, but his job is Cynthia's guardian angel, and his focus is on keeping her out of trouble – any way he can.
About the author
Maya Tyler is a wife, mother of two young boys, writer, and blogger. She has a degree in commerce, but her first love is creative writing. She works in finance by day and writes paranormal romance by night. All her stories end with a happily ever after. She lives in Port Hope, Ontario, Canada, a small town just an hour east of Toronto on the shores of Lake Ontario. Her debut book is Dream Hunter. You can find her online Twitter @mayatylerauthor; Facebook https://www.facebook.
Do you ever have dreams tht were so vivid, so exciting you thought they were real. Is it difficult sometimes to distinguish between dreams and reality. Well, this is what Cynthia has been experiencing. Sometimes she dreams even when she is awake and it's difficult to tell what is real and what isn't. When she is put in jeopardy by a threat at work, Gabe, the man who is her protector from her dreams comes to her rescue. But all isn't as it seems.I likes the premise of this paranormal story as the author blurred the lines between dreams and reality and I found myself wondering what was real and what wasn't. The story will make you think as you attempt to unravel the mystery surrounding Gabe and the goings on in Cynthia's office.
This is an easy quick read and should appeal to fans of romantic suspense as well as paranormal romance. A good first outing for a debut author.
I'd recommend anyone to read this book to feed their appetite for suspense, strong plot background, and hot male guardians. I'd say dig in!
I have received a free copy of Dream Hunter and have found it intriguing. I loved the storyline and the Cynthia is a fun character. I liked her personality and wit. She fell in love with her guardian angel-Gabriel and they teamed up to help Cynthia solve the mystery about her boss threat made at his office. This becomes a detective work for both protagonists and is full of excitement,laughter and uncertainty.In my opinion this novel is captivating and will definitely keep you reading it until the end of it.
This book definitely has potential but it felt like something was missing. The characters lacked substance and I felt that Cynthia trusted Gabe far to quickly. I feel it could be improved if it was taken slower and perhaps the danger was increased. A promising start.
This week I read Dream Hunter by Maya Tyler upon request. Maya is a new author for me, so I did not go into this book expecting any certain style format. I also purposely did not read the synopsis so I would go into the story "blind".Dream Hunter is a fast action, jump right into it book. The writing is clean (grammar, errors) and vividly descriptive. A couple times in the story I thought I was confused, only to find out that the author had weaved the story in a direction I did not expect. Well done, because I love twists and turns and surprises, but am rarely treated to the experience as most authors follow the same story format.
The guardian concept and how the author went with this story is a new path, so that was also fun and exciting (ie: it wasn't another OOTB paranormal).
I did read most of the other reviews. I am glad that most other readers also find this book well done. I think that some people that were critical forget that this is a novella, so much of the back story and "underbelly" are not there to fully flesh this book out. I think that the author's writing is well developed and if she chose to make this into full blown novel, she would have a book that I would definitely read more than once. Would I like to read a full 200-300pgs? Absolutely!
For anyone reading reviews that are not sure about this book, I would encourage you to go ahead and read this book and form your own opinion. I use these novellas as a way to decide if I like a new author's style and concepts. I definitely like Maya Tyler's book and look forward to her next work…
Jennifer Kost, Freelance Proofreader / Copy Editor and Book Reviews
P.S. Totally unrelated to the book review, I wanted to note that I don't love the cover.


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Ms. Zelenock represents national and regional lenders, mortgage bankers and loan servicers, with emphasis on capital markets, conduit and bank financing, including Fannie Mae and Freddie Mac multifamily and manufactured housing lending. Ms. Zelenock has served as closing or supervising counsel for several billion dollars in commercial mortgage loans destined for securitization, including a variety of loan sizes and property types (multifamily, office, manufactured housing communities, nursing homes, shopping centers, etc.). She has extensive leadership experience in connection with the organization, structuring, loan program design and day-to-day multistate operation and compliance of portfolio, conduit and MBS and ABS loan originators and contributors. She also has extensive experience in matters related to the operations and licensing of mortgage bankers, correspondents and servicers, and negotiation of loan modifications, workouts, and management of related litigation.
Ms. Zelenock makes use of innovative transacation management and document automation software that she helped to develop as as part of her practice.

subset: commoncrawl


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Mercer Mayer is a well-known name in the world of childrens books. His various titles have always been on the shelves of schools and libraries, as well as in families' homes. However, it is his Little Critter series that often gives him most notice. With well over thirty books written with the little guy, Mercer Mayer has created a classic character that kid everywhere can relate to in many different ways.
Just So Thankful is a great book for the holidays, particularly Thanksgiving.
At first, Little Critter isn't so happy. There are so many cool things he wants, but his family just won't buy them for him. Why can't he have a Super Streak scooter or a cell phone? Less than pleased, Little Critter sulks until a new kid moves into town. This kid has everything Little Critter has ever wanted – or could want! So when he gets to play at his new friend's house, it's a blast! Eventually with a bit of nudging by mom, Little Critter invites the boy over to his house. He doesn't think it's as great as the boy's since he doesn't have a bunch of cool toys. But the boy has a wonderful time with the things Critter has that he doesn't. A dog, a sister, and a big, loving family.
Little Critter realizes in the end that toys aren't everything and learns to appreciate what he does have – a family.
Just So Thankful has a great little message for kids wrapped up in a fun story about friendship and love. Mayer gives each page a wonderful illustration to show Little Critter's frustration, fun times with the boy, and a moment he has with his entire family and discovers how special they are. As usual, each page also has a few extra creatures that kids will love taking the time to search out.
Just So Thankful also includes Thank You cards at the end of the book that kids can remove and send to friends or family members to show appreciation for anything they like. This makes it a great choice for kids ages 3 and up.


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Loki Tattoo
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Loki tattoo! Wow Idk if I'm that committed but u rock on!
Morse tattoo
Thor and Loki (the avengers) traditional tattoo by NikCasDesigns on tumblr
Snakes Of Loki by Cleave. The intertwined snakes of Loki, the god of mischief and illusion. The father of the Midgard Wyrm, Jormurgandr and Fenris Wolf
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rozenn-blog: " Bunch of kitties ♥ I'll probably make a set of stickers with thoses (•v• )/ "


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Sleep Paralysis Is it a Normal Phenomenon or a Psychic Event?
Throughout history there have always been stories and legends of Demons and monsters visiting us in the dark of the night. Dreams turning to nightmares as we lay our heads down to sleep.
As the shadows form, and the moon slides down the sky, we awaken to find that we cannot breath. A heavy weight sits upon our chest, and to our horror a ghastly form leers at us from the darkness. We push up off of the bed, trying to escape, but find that we can't move.
We are paralysed. The demon starts to stalk us from across the room, closer and closer until finally it climbs up onto our beds and leans towards us. Hearts beating so fast that we think they will burst from our chest, we silently scream. but nobody can hear us. Then darkness as we fall backwards into sleep, or is it a faint? No, It's Sleep Paralysis.
We wake hours later, still covered in sweat. Our hands shake as we recall the demon in the night. Getting dressed we rush to the priest for absolution. 'Father please help me I am being possessed by a demon'. We wail. But is Sleep Paralysis a Normal Phenomenon or a Psychic Event?
The Priest tries to comfort us. 'Don't worry my son, I will exorcise you, and cast the demon out, it seems that you have drawn an Incubbus to you, I will send it back to hell'. You weep in gratitude, and pray for your recovery from this possession.
(c) Nell Rose
Succubus and Incubus.
Incubus and Succubus. In legend, an incubus is a male Demon that prays on women at night. The demon mates with the human woman to produce a child. It is thought that if the demon continues to assault the woman, then she will eventually die. In the same way that a Succubus will attack a human male. these legends stem from many countries, in fact the first documented evidence was from Mesopotamia, 2400bc. Scholars believed that many of the stories were made up by the human women to explain pregnancy outside of marriage. Over the years there are many different derivatives of the story, and of course many different names to identify the Demons.
The Truth Behind Sleep Paralysis
My Experience
Sleep paralysis used to be believed to be paranormal, in fact in some countries that are still very superstitious, they believe it is a form of possession For example the Exorcist film. In fact it is usually a state brought on by stress.
At night your body produces a chemical that rushes through your body to stop you sleepwalking, your brain will sleep in co-ordination with your body. If you suffer from stress, the chemicals in your brain deviate from the norm, causing a part of your brain to wake up. But of course the chemicals don't go away.
If all your brain woke up then the chemicals will dissipate. I suffer with hyperthyroid and hypothyroid. high and low bad thyroid. When it was high, I suffered with sleep paralysis a lot. Because my brain wouldn't let me sleep properly.
Sleep paralysis will cause hallucinations, which is the origin of the Succubus and Incubus legends. Demons sitting on your chest in the night, aliens abducting you etc. The reason why you hallucinate is because, unlike other hallucinations caused by illness or drugs, in sleep paralysis you are literally just dreaming while you are awake.
In other words, most of your 'asleep' brain is just dreaming, but the part that wakes up is still dreaming! Therefore the hallucination reflects off of your retina in your eye, and makes you believe that you are seeing an alien etc.Believe me when I say it is terrifying! I have had two really bad Sleep Paralysis episodes.
The first one involved me being completely numb from the top of my head to me toes, and 'feeling' a hand pushing against my skin. It seemed to get closer and closer, starting at my feet and working it's way up my body. When it got to my chest, I started to panic.
Common sense told me that I was hallucinating, but the primal part of my brain screamed Demon! All sorts of ideas went through my head. Was it real? Has science tried to explain away a real phenomena? Maybe it really was a Demon, or some sort of being. It felt Evil. I knew that it was probably my mind panicking that made me feel this way, but to be on the safe side I started praying.
In my mind I yelled for God, and then settled on Angels. It seemed to work. Psychology? maybe. Perhaps by praying I calmed myself down. Or maybe it really did work and get rid of the Demon. Who Knows? The second time that I saw something, I realised what was happening, and watched a person walk around my bedroom! The funny thing was, it wasn't scary or frightening. It was a boy with a backpack on! Strange.
So what is the truth? I can fully understand 'seeing' somebody. As I explained above, it is a classic hallucination. But to feel somebody's hand running up my body? Not sure about that!
Maybe we are all wrong. Maybe it is another dimension overlapping this one. When Sleep Paralysis occurs, maybe our brains slow down, or speed up, to the exact vibration of another world. Scientists believe there are hundreds of Dimensions out there, overlapping this world. Who am I to argue with a scientist? I have had other Sleep Paralysis moments, but I don't very often see anything. All I can say is that, to see something is one thing. To feel them on your body is quite something else!
Symptoms of Sleep Paralysis
So what does Sleep Paralysis feel like? Every episode can be different for individuals. Some say they just go to sleep and then a noise wakes them, only to find that they are paralysed, but others have the same experience as me.
It can happen even if you haven't gone to sleep yet. Imagine going to bed, feeling really tired but you can't shut your brain down. Thoughts spiral around your head. you just want to sleep. Then all of a sudden you hear a really loud buzzing noise. But it is not from outside, it seems to be coming from your own head. It gets louder and louder.
Then the numbness starts. It is like your body is fed up of waiting for you to go to sleep so it decides to release the chemical to make you stay still while you are sleeping. Sometimes I have heard a choir in my mind. A sound so vast it seems that I am in an auditorium, listening to people singing and playing. It feels as though my head is hollow and as big inside as St. Paul's Cathedral. And then the numbness invades your body.
Incubus and Succubus
There are a number of ways to try to stop Sleep paralysis.
1. Try not to get too tired. When we sleep to heavy, this can cause us to go into a very comatose type sleep. If a noise awakens us, then we are sluggish, and often it can cause this to happen.
2. Try not to get too hot. This can cause you to keep waking up, and if your body is very tired, it can bring on sleep paralysis.
3. Please don't go to bed stressed. If you do, you may suffer for it later in the night. Make sure you drink a hot milky tea or warm milk with honey, or just take a bath. Anything that will sooth you. And if all this doesn't work, try reading a book. Lot's of people fall asleep whilst reading.
And most of all, if you do have a night paralysis, please do not panic. Try and breath calmly, don't struggle as this will tire you out. And just lay there until it starts to go off. Count sheep, count to ten, pray, even sing in your mind. let your body start to realign.
When you do wake up fully, don't panic. Just get up, put the light on and drink some water. When you feel ready to go back to sleep, keep the light on and open your window. Get comfortable. And be reasured that it should only happen once in a night. When you fall back to sleep you should be fine. And remember, it is all in your mind.
I hope.
Copyright Nell Rose
Succubus The Ultimate Sexual Demon
- Succubus The Seductive Demon
In Medieval legend the name Succubus would send shivers down the spine. From Lilith to Naamah, Eisheth Zenunim and Agrat Bat Mahlat, the Queens of the Succubi would seduce entice and steal mens souls.
- Nell Rose on HubPages
Nell writes articles on the Paranormal, Health, Celebrities and many other topics that she finds interesting, annoying or just downright unjust. Click on the link to read more. (c) Copyright Nell Rose All Rights Reserved.
This was my experience, if any of you have had this horrible experience, please let me know below, thanks.
My Sleep paralysis was caused, mainly, by my bad thyroid. I was unaware that I had it at the time. Since then it makes sense. So please contact your Doctor for a blood test if you do start to experience this. Nine times out of ten it is because of a problem with your health. And please remember.
You are not alone.
Demon Possession is it Real?
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Comments 367 comments
I have had a number of such events and they all occurred when I got too hot while asleep. I try to make sure I don't overheat - just sleep with very only a sheet and no blankets - I recommend people give it a try if they are having trouble with these episodes. The actual things that you see are just dreams that appear to be occurring while you think you are awake.
Sleep paralysis is actual demons trying to get into contact with you. It ends when you accept Jesus Christ as your savior, because by doing that you close yourself off from the demonic realm that people falsely call "spiritual".
I can say that my sleep paralysis had/has nothing to do will anything wrong with me physically. This thing has happened to me and others in the same house but at different times. It has happened several times to me and is so terrifying each time. I believe it is demonic in nature. When it happens to me the first thing I do is try to say the word Jesus. Seems simple enough but no it isnt and with great effort and struggling to move my mouth I will get it out. Once that is done I repeat that and each time I get the word Jesus out it becomes easier until I am unparalized. I feel very uneasy afterwards and my surroundings also seem slightly different. Maybe that ecplains why my dog will all of a sudden fixate on what appears to be a section of wall and bare her teeth and growl. You think maybe she sees something like one of them.???
I have experienced this a few times, it's a little different now though. When my room was on the other side of my house, i would be floating in the air but could look down and see my body laying on the bed. Now that my room is on the other side of the house, I'm feeling as though I'm being seduced and my breath is being sucked out of me. I wake up to catch my breath, tell it to leave me alone, go to bathroom, then go back to bed. Onve I fall back to sleep it will happen again. I can't say this is mental/psychological when I've studied psychology and what's happening to me is different, but the same, in different rooms, but the same house.
Your medical thyroid explanation makes perfect sense, except...I had a friend who was as rational and non mystical as can be who had one of these experiences. Everything for him was pretty much as you describe, except when he woke up he had finger mark bruises where this thing had grabbed him. I believe him, because he wasn't the type to make up flighty stories. I would like to believe it is strictly a medical condition, but why the bruises? Have you heard this described in any of the cases you have researched? Great hub!
As someone who suffers from this sleeping disorder I found this a very interesting read. Though the succubus isn't the only supernatural culprit tied to it. For many Germanic peoples it was a hag or she troll sometimes called a mare who would ride your back and claw at you while you slept.
My wife has a problem of Sleep Paralysis. I have bookmarked the page for further reference. Thanks for sharing the information.
Ive had the attacks but never paid enough attention to know frequency. Its the usual smothering paralysis effect and once I can utter something Im released. Im still not sure if I believe it to be a spiritual thing or the body doing something on its own but I wonder....has there been a report of what happens if you dont resist it?
I've had at least 20 episodes of sleep paralysis in the last 10 years, & the main thing I'd like to stress is that "nothing" bad has ever come from mine....They we're all truly terrifying experiences at the time, & all happened as i was falling to sleep & i never had any whilst waking up....I've been studying mindfulness & meditation & emotions & feelings control in the last year or so, & know for a fact i had my last SP episode when i was awake & in fairly deep meditation about 3 months ago....I know people will disagree but i was defo awake the last time i had an attack, & i am an experienced meditate'r....The last one i was ready for as I'd worked out what to do for my next episode, & that was to try being mindful then open my eyes & take a look....Now I'd never done that before because of the fear, but as an experienced mindful meditate'r i had more awareness than ever before & i was aware what was happening....So i told myself nothing ever comes of these attacks (as i was laid there paralysed), & then mindfully pictured my hand in my mind (mindful meditating)....Doing that was enough to distract my mind from the fear of what i was feeling, & i was then able to break free & open my eyes....Now I'm not going to say what i saw or what i did next, but i will say this....What i saw I'm pretty sure was being projected by my mind, & i reckon by my ego mind....It's my ego mind (negative mind) that thinks about negative things, & I'm pretty sure that it's the good caring people that get SP.....In my investigations & i have done a lot of research on a lot of different subjects, all the people i personally know that get SP are all good caring people.....Those people have things on their mind because they care, & i reckon it's a combination of caring & maybe thinking too much + reading up on the very subject of SP, that causes their mind to project that negativity out when trying to sleep or first thing as they wake up....If you do get attacks often I'd suggest practising mindfully "doing stuff" & mindful meditating using only your senses, because that will give you more awareness in general of your actual awareness level....So as you get more episode of SP you'll hopefully become more aware at the time as to what's happening, & will then be able to break free easily....The worst one i ever had, i saw a vision of an oil tanker sinking, i couldn't move, & i couldn't breathe....That one went on for what seemed like a long time, & every few now & again i felt a slap across my face & then got a quick breath....I could hear all my workmates in the next room as it was happening, & i once had an attack on a work bus & could see my mates across from me but could move or speak ....All very scary, but now i find it all fascinating.....Remember nothing bad will ever come from them, & all i would personally advise is learning about your awareness. :-)
Thanks, Nell. Be in touch.


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12 people, including seven men, two women and children in Coromo, Dan- Anacha and Mutum Biyu communities in Gassol Local Government Area of Taraba state have been reportedly killed by suspected herdsmen.
The suspected Fulani herdsmen also injured eighteen persons were also injured while 13 houses were burnt down in the melee.
ALSO READ: AGF Directs DPP To Prosecute Senators Involved In Senate Standing Order Forgery
The affected communities were dominated by Tiv speaking people of Benue. The Fulani herdsmen reportedly launched the attack during the weekend following a long standing land dispute.
It was gathered that they stormed the three communities in the night and started attacking Tivs who had come back to farm on their lands.
The Tiv people have since fled the area for fear of further attacks despite the presence of armed security men.


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In Church
Pastor's Sons R*pe Two Sisters Inside Church In Ebonyi
Two brothers, suspected to be children of one Jude Nnamani, a pastor of the Assemblies of God Church in Kafuso Ogwu of Ishiagu community in Ivo Local Government Area of Ebonyi state, have been arrested by the police over an alleged rape.
The duo, Nnaemeka Nnamani and Chiemerie Nnamani allegedly lured two sisters simply identified as Favour and Uloma to a corner in the church and had carnal knowledge of them.
A resident of the area, who identified himself as Igwe Moses, […]


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Students from all over the world have discovered Iceland for graduate study. With a Master in Iceland, students will experience world-class academic programs. In addition to having excellent graduate programs, Iceland is a country of stunning natural beauty that attracts people from all over the globe. The natural scenery includes arctic deserts, hot springs, mountains, volcanoes, waterfalls, and glaciers, and these provide many adventurous activities.
With a Master in Iceland, students have several options for graduate education in different disciplines. Some of the more popular areas of study for a Master in Iceland include engineering, marine management, geography, earth sciences, energy, computer science, economics, finance, and education. Several Master in Iceland programs offer students the option of full-time or part-time studies for earning their degree.
Read more about the opportunities for a Master in Iceland below. Take the next step and you may find the education you have been searching for!
Geo-information science and earth observation for environmental modelling and management is essential for development issues all round the world. This successful programme is taught by world class faculties in five countries: Iceland, the UK, Sweden, Poland and the Netherlands. [+]
*Note! This is a European joint Master's programme (previously Erasmus Mundus)
Programme overview
Geo-information science and earth observation for environmental modelling and management is essential for development issues all round the world. Spatial data, such as maps and global databases, as well as satellite imagery play a central role in the search for reliable environmental information for scenario studies and viable policies. Knowledge and skills in this field will therefore continue to be crucial for industry, government and NGOs.
The programme has a duration of 22 months and is taught by world class faculties in five countries: Iceland, the UK, Sweden, Poland and the Netherlands. While spending time in at least two of the five countries and studying in a multicultural environment, students will gain valuable insights into the academic, social and cultural diversity of Northern and Central Europe. On graduation they will receive a multiple MSc degree from the consortium universities... [-]
Master in Coastal and Marine Management is a cross-disciplinary resource management program that focuses on coastal and marine issues and mainly draw... [+]
Coastal and Marine Management is an international, interdisciplinary Master's degree in the field of resource management. The programme emphasises ideas and methods from ecology, sociology, economics and business studies. Students completing the programme have knowledge of the diverse and valuable resources of the coast and the sea, understand their current condition, and have gathered tools and expertise to drive the sustainable use of marine resources.
The course language, including all teaching, is English. The University Centre of the Westfjords offers this programme in co-operation with the University of Akureyri. Teaching takes place in Ísafjörður.
Entry requirementsThe main condition for acceptance is that applicants have completed a Bachelor's degree; whether a BA, BSc or BEd. Emphasis is placed on the applicant justifying their reasons and explaining how they hope to link the programme to their previous education and experience. An application form is available, in both electronic and pdf format, on the University Centre website.... [-]
This is a two-year study programme of 120 ECTS. The MA-programme in music composition provides the student the means to establish and develop his/her area of speciality as a composer. [+]
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We now use the term "design" about thinking that reaches far beyond the traditional area of design, as design revolves first and foremost around shaping the space inside the human mind and spotting new possibilities. [+]


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As Seen On TV Wobble Wag Giggle Dog Toy
Wobble Wag Giggle Dog Toy is the best way to keep your dog entertained when you're away. This interactive toy allows dogs to entertain themselves! It makes fun giggly noises when pushed around, shaken around, or picked up by the easy clutches. Wobble Wag Giggle Dog Toy helps keep dogs fit and healthy even when they don't get to go out and run around! No batteries required.
Features: Makes fun, giggly noises
Includes: 1 Wobble Wag Giggle
Intended For: Dogs
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Material: Polyester Fibers
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H1N1 Man Made Disaster
Lewis Farrakhan is one of the great leaders of the Nation of Islam. He is most recognized in the ghettos of the larger cities in the United States of America.
This past week Mr. Farrakhan addressed a large gathering celebrating The Day of Atonement. During this speech he made certain comments that have outraged many across our nation.
Be that as it may, for the first time I am in agreement with Mr. Farrakhan. I have never before agreed with him, so this is a first for me. I am sure that as this story develops many of my fellow citizens will also agree with him.
During his speech, Mr. Farrakhan advanced the theory that the vaccine for the H1N1 flue was designed to kill most people taking it. He pointedly said that the powers that be developed this vaccine to kill people because the world is over populated. He said that the world can no longer feed its population.
Mr. Farrakhan is a highly respected leader among the black community. And, we know for a fact that all leaders do what is in the best interest of their followers. Mr. Farrakhan is no different.
Mr. Farrakhan has devoted his life to helping the Black Muslim Nation. It would not be fair to him or his life's work to disobey his carefully thought out advice.
Mr. Farrakhan is advocating that Muslims not get the vaccine for the H1N1 flue. I could not agree with him more. Muslims should not get the flue vaccine, especially those Muslims in favor of holy war.
As for me, I am ready to die for my country. I will take the H1N1 vaccine and gladly die for a country that has given me everything. If you are Black or Muslim DO NOT TAKE THE VACCINE. Listen to your Leader Mr. Farrakhan.
Comments 2 comments
Well, I'm neither black or Muslim, but they can take the H1n1 shot and stick it where the sun don't shine. Thanks!
I refused to take it and am getting an Other than Honorable discharge from the Air National Guard in June. My religious beliefs do not allow me to take it. I am not Black or Muslim but believe in clean/unclean. Keep the Holy days and understand the importance of not taking this vaccine. I don't follow Mr. Farrakhan. I have to say he has a valid point. have to ask anyone taking the shot..Do you really know what the WHO has given you?


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Online Class
Perfecting the Pie Crust
with Evan Kleiman
Please describe the type of cuisine. Canadian Blueberry Share a little about the ingredients and techniques used to create this dish/item. Used my hand-picked blueberries to make this fantastic pie as part of the "Perfecting the Pie Crust" class. What are you most proud of? The flakiness of the crust, and the perfect balance between crust & filling. What advice would you give someone starting this project? Follow Evan's instructions, and have fun!
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Having undesirable fat in different locations of your body can have a substantial influence on your health and self-confidence. While conventional weight reduction through workout and diet is a fantastic way to drop weight overall, even the very best exercises can't target issue locations like the belly, inner thighs, arms, and butts. Liposuction is a time checked treatment that is utilized to remove excess fat from particular locations of the body, permitting an individual to form and contour their body to their taste. Is liposuction right for you? Find out now.
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September 28, 2011
FREDERICK B. HOLLIE, PLAINTIFF,v.ANTHONY SMITH, ET AL., DEFENDANTS.
Frederick Hollie, proceeding pro se, has sued his former union, the International Brotherhood of Teamsters, Local Union 639 ("Union"), as well as his union representative, Anthony Smith, seeking damages resulting from gross negligence, breach of contract, and breach of the duty of fair representation. The Union has moved to dismiss Hollie's claims, pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). For the following reasons, the Union's motion will be granted in part and denied in part.
Hollie was employed by the United Parcel Service ("UPS") and was a member of the Union. (Am. Compl. at 1.) On December 12, 2008, Hollie was discharged by UPS. (Id.) The Union successfully reversed the discharge, and Hollie was allowed to return to work on January 12, 2009. (Id.) On January 15, Hollie's manager told him that he needed to take a physical in order to continue working because his most recent physical was insufficient. (Id. at 1-2.) On February 19, Hollie was fired for taking an unauthorized leave of absence. (Id. at 2; see also Compl. Ex. C, at 2.) On March 19, Hollie filed a grievance with the Union. (Compl., Chronology of Events ("Chronology"), at 3.) Hollie alleges that the Union never responded to the grievance he filed. (Am. Compl. at 2.)
Hollie also alleges that on October 20, 2010, he attended a panel hearing of the Atlantic Area Parcel Grievance Committee, after which he was discharged for "not filing a timely grievance in response to the February 19" discharge. (Id.) Moreover, he alleges that the Union "reversed" his reinstatement from his December 12, 2008, discharge on December 22, 2010. (Id.)
Hollie filed suit against Smith and the Union in Superior Court on February 22, 2011. (Notice of Removal, Ex. A, at 1.) He alleged that defendants failed to "investigate grievances in January and February" 2009, that he had not received "back pay for wrongful terminations," that he received "unfair representation" when he was not allowed to present his case "verbally" at the 2010 "hearing panel," that they failed to "return calls or contact" him about his grievances, and that they had failed to contact him. (Id. at 5.) The Union removed the case on March 16, 2011, on the grounds that Hollie claimed a breach of the federal "duty of fair representation." (Notice of Removal at 2-3.) The Union moved to dismiss HollieDefs."s claims on March 24, 2011. (Defs.' Mot. to Dismiss ("Defs.' Mot.") at 11.) Hollie filed an amended complaint on May 5, 2011.*fn2
To survive a motion to dismiss for failure to state a claim under Rule 12(b)(6), a complaint "must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face,'" such that a court may "draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556 (2007)). In ruling on a 12(b)(6) motion, a court may consider facts alleged in the complaint, documents attached to or incorporated in the complaint, matters of which courts may take judicial notice, and documents appended to a motion to dismiss whose authenticity is not disputed, if they are referred to in the complaint and integral to a claim. U.S. ex rel. Folliard v. CDW Tech. Servs., Inc., 722 F. Supp. 2d 20, 24-25 (D.D.C. 2010).
II. HOLLIE'S COMPLAINT ONLY ALLEGES BREACH OF THE DUTY OF FAIR REPRESENTATION Although Hollie has "attempt[ed] to bring a state law action," the Union argues that his state law claims are pre-empted because his complaint also alleges a breach of the Union's duty of fair representation. (Defs.' Mot. at 5.) Hollie's original complaint did not cite any statutory basis for his action. Rather, it alleged that the Union and Smith failed to investigate Hollie's grievances and failed to successfully win him his back pay, that he was unfairly represented at a recent hearing, and that the Union and Smith failed to return his calls and to contact him. (Compl. at 1.) Hollie's amended complaint alleges that the "Union never responded to grievances as agreed by Union Representative Anthony Smith," and that "a breach of an explicit or implied contract of employment or an employer-union collective bargaining agreement" led to his constructive discharge. (Am. Compl. at 2.) Moreover, Hollie alleges that damages were "increased by the Union's gross negligence, breach of contract and its statutory duty of fair representation." (Id.) Thus, Hollie now explicitly alleges that the Union and Smith breached their duty of fair representation.
Even if Hollie had not specifically raised this claim, the Court would read his complaint to allege a breach of the duty of fair representation because he alleges that the Union and Smith failed to follow the grievance procedure detailed in the collective bargaining agreement with UPS. See Price v. Union Local 25, No. 10-1865, 2011 WL 2144564, at *2-*3 (D.D.C. June 1, 2011) (where plaintiff made no "specific legal claim," the court construed his complaint as asserting a duty of fair representation claim because it alleged that his union "arbitrarily ignore[d] a meritorious grievance or process[ed] it in perfunctory fashion") (quoting Vaca v. Sipes, 386 U.S. 171, 191 (1967)).Moreover, "[t]o the extent that the Union had a duty to [Hollie], that duty is defined . . . by a collective bargaining agreement . . . as well as applicable federal statutes," and is, therefore, governed by § 301 of the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 185. Ramey v. Int'l Bhd. of Elec. Workers, 580 F. Supp. 2d 44, 47-48 (D.D.C. 2008) (construing claim of conspiracy against union as one for breach of the duty of fair representation). Thus, no matter how Hollie has labeled his claims, the Court would construe them as claims brought pursuant to § 301 of the LMRA. Id. at 48 (quoting Taylor v. Giant Food, Inc., 438 F. Supp. 2d 576, 581 (D. Md. 2006)).
To the extent Hollie alleges that the same conduct also gives rise to claims under state law, these claims are preempted because they do not "arise wholly outside the ambit of those obligations circumscribed by a union's duty of fair representation under the collective bargaining agreement." Condon v. Local 2944, United Steelworkers of Am., AFL-CIO, 683 F.2d 590, 595 (1st Cir. 1982); see also May v. Shuttle, Inc., 129 F.3d 165, 179 (D.C. Cir. 1997) (agreeing that "the federal duty of fair representation preempts identical state law claims"); Price, 2011 WL 2144564, at *4 n.3 ("identical state law claims based on the same conduct" are "preempted by the federal" duty of fair representation claim"). To the extent Hollie states claims other than a breach of the duty of fair representation, these claims will be dismissed.
A. Failure to Exhaust Internal Remedies
The Union argues that Hollie's claim that it breached its duty of fair representation should be dismissed because he failed to exhaust his internal union remedies. (Defs.' Mot. at 9.) The Union argues that "ordinarily, . . . an employee is required to attempt to exhaust any grievance or arbitration remedies provided in the collective bargaining agreement." Majewski v. B'Nai B'Rith Int'l, 721 F.2d 823, 824 n.6 (D.C. Cir. 1983) (quoting DelCostello v. Int'l Bhd. of Teamsters, 462 U.S. 151, 163 (1983)). This requirement, however, applies to suits brought against an employer by an employee, not to suits against the union itself. See id. at 824; DelCostello, 462 U.S. at 163. Because Hollie sued his union under the LMRA, the Court "ha[s] the discretion to decide whether to require exhaustion of internal union procedures."*fn3 Clayton v. Int'l Union, United Auto., Aerospace, and Agric. Implement Workers of Am., 451 U.S. 679, 689 (1981); see also O'Hara v. Dist. No. 1-PCD, 56 F.3d 1514, 1522 (D.C. Cir. 1995)(courts "may enforce" union constitution's "requirement of exhaustion of internal union remedies . . . under appropriate conditions").When exercising this discretion: at least three factors should be relevant: first, whether union officials are so hostile to the employee that he could not hope to obtain a fair hearing on his claim; second, whether the internal union appeals procedures would be inadequate either to reactivate the employee's grievance or to award him the full relief he seeks under § 301; and third, whether exhaustion of internal procedures would unreasonably delay the employee's opportunity to obtain a judicial hearing on the merits of his claim. If any of these factors are found to exist, the court may properly excuse the employee's failure to exhaust.
Clayton, 451 U.S. at 689. Thus, the Court must first determine whether
Hollie has shown that the Union's internal procedures cannot
reactivate his grievance or "grant [him] full relief."*fn4
Id. at 696. If the Union's internal procedures are
inadequate, Hollie will not be "required to expend time and resources
seeking a necessarily incomplete resolution of his claim prior to
pursuing judicial relief."*fn5 Id.
Hollie argues that the Court should excuse his failure to exhaust because the Union's internal procedures are inadequate to reactivate his grievance and reinstate him. (Pl.'s Reply at 3.) As proof, Hollie attaches the decision from the October 2010 hearing panel, which clearly states that a decision by the panel is "final, conclusive and binding with no appeal." (Pl.'s Reply, Ex. J, at 3.) Moreover, after the panel issued its decision, Smith informed Hollie that his "claim [was] untimely and would fail at any attempt to adjudicate it." (Id., Ex. J. at 1.) Finally, although the Union suggests that Hollie can pursue disciplinary action against union officers, it does not argue that his grievance could be reactivated. (Defs.' Mot. at 9.) Therefore, the Court concludes that the Union's internal procedures cannot reactivate Hollie's grievance.
Requiring Hollie to seek money damages through the Union's internal
grievance process would also be futile. Clayton, 451 U.S. at 689
(internal remedies must be unable "either to
reactivate the employee's grievance or to award him the full relief he
seeks under § 301").Although the Union argues that its Constitution
provides "a damages and injunctive remedy," (Defs.' Mot. at 9 (citing
Tinsley v. United Parcel Serv., 665 F.2d 778, 779-80 (7th Cir. 1981)),
Article XIX of the Union's Constitution does not appear to provide for
an award of money damages to an individual union member.*fn6
(Defs.' Mot., Ex. A, at 89-90 ("[i]f a fine is assessed
against a Local Union by a Joint Council, the payment shall be to the
treasury of the Joint Council").) Moreover,the Court of Appeals has
read the Union's constitution to prevent a plaintiff from "obtain[ing]
money damages through union disciplinary channels." Winter, 569
F.2d at 149 (plaintiff "probably could not" obtain money damages);
see also Beyene v. Coleman Sec. Servs., Inc. 854 F.2d 1179, 1181 (9th
Cir. 1988) ("[o]n its face," Teamsters Constitution "does not
authorize the payment of money damages to a union member who
successfully asserts an internal charge against a Local Union.").
Thus, because the Union's internal procedures cannot provide Hollie
the full relief he seeks, it would be futile to require him to exhaust
his internal remedies. Clayton, 451 U.S. at 696.
B. Statute of Limitations
In its Reply brief, the Union argues that Hollie's claims are also barred by the statute of limitations.*fn7 (Defs.' Reply at 2-5.) A six-month statute of limitations applies to claims against a union for breach of the duty of fair representation. George v. Local Union No. 639, Int'l Bhd. of Teamsters, Chauffeurs, Warehousemen & Helpers of Am., AFL-CIO, 100 F.3d 1008, 1014 (D.C. Cir. 1996). The six months begin to run when the claimant "discovers, or in the exercise of reasonable diligence should discover, the acts that form the basis of his claim." McConnell v. Air Line Pilots' Ass'n, Int'l, 763 F. Supp. 2d 37, 41 (D.D.C. 2011). When a series of actions allegedly violated the duty of fair representation, the "timeliness of the action is generally measured from . . . when the employee knows or should have known of the last action taken by the union which constituted the alleged breach of its duty of fair representation." Watkins v. Commc'ns Workers of Am., Local 2336, 736 F. Supp. 1156, 1159 (D.D.C. 1990); see also Plain v. AT&T Corp., 424 F. Supp. 2d 11, 21 (D.D.C. 2006) (quoting Watkins, 736 F. Supp. at 1159).Thus, Hollie's cause of action did not accrue as long as he "reasonably thought that the grievance process had not reached a final breakdown." Watkins, 736 F. Supp.at 1160.
Hollie's claim is not untimely because the statute of limitations period did not begin to run until October 2010. The Union argues that Hollie's claim can be "traced back" to his discharge on February 19, 2009, because Hollie alleges that it failed to investigate the grievances he filed on January 22, 2009, and February 6, 2009. (Defs.' Reply at 5.) Hollie replies that the "primary basis" for his complaint was the panel hearing held on October 20, 2010, and that his lawsuit was filed on February 18, 2011, well within the six-month statute of limitations. (Pl.'s Reply at 2.) Hollie alleges that he was "unfair[ly] represent[ed] at recent hearing panel where [he] was never allowed to present [his] case verbally," (Compl. at 1) and that this hearing related to his February 2009 discharge. (Am. Compl. at 2.) Construing Hollie's complaint liberally, and assuming that all of the facts he alleges are true, Toolasprashad v. Bureau of Prisons, 286 F.3d 576, 583 (D.C. Cir. 2002), Hollie has alleged that he reasonably thought that the grievance process had not reached a final breakdown prior to the October 2010 hearing. Thus, because Hollie's cause of action had not accrued until October 2010, the Court will deny the Union's motion to dismiss on the basis of the statute of limitations.
The Union also argues that Hollie's claim against Smith should be dismissed because he cannot bring a claim for breach of the duty of fair representation against an individual. (Defs.' Mot. at 8.) The LMRA provides that "[a]ny money judgment" following an alleged breach of the duty of fair representation "shall not be enforceable against any individual member" of a union "or his assets." 29 U.S.C. § 185(b). Thus, a money judgment "cannot be sought or enforced against a union representative when the union violated its duty of fair representation." McMickle v. Aragon, 736 F. Supp. 2d 129, 130 (D.D.C. 2010) (dismissing claim against union representative); see also Atkinson v. Sinclair Refining Co., 370 U.S. 238, 247-48 (1962) ("when Congress passed" 29 U.S.C. § 185, "it declared its view that only the union was to be made to respond for union wrongs, and that the union members were not to be subject to levy"); Price, 2011 WL 2144564, at *2-*3 (courts in this Circuit have "uniformly dismissed" fair representation claims for damages "brought against individual union agents or officers"). Hollie's claim against Smith is solely based on Smith's failure to adequately communicate with him during the grievance process. (Compl. at 1 (alleging "failure to return calls or contact me regarding my grievances"); Am. Compl. at 2 ("The Union never responded to grievances as agreed by Union Representative Anthony Smith").) Because Hollie cannot bring a claim against an individual union officer, his claim against Smith must be dismissed. Price, 2011 WL 2144564, at *3.
For the foregoing reasons, the Union's Motion to Dismiss (Dkt. No. 2) will be granted in part and denied in part. The Union's motion to dismiss Hollie's state law claims and Hollie's claims against Anthony Smith will be granted. The Union's motion to dismiss Hollie's claim against it for breach of the duty of fair representation will be denied. A separate Order accompanies this Memorandum Opinion.
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decided: October 20, 1981.
WILKES-BARRE GENERAL HOSPITAL, PETITIONERv.GEORGE LESHO AND MARY LESHO, ADMINISTRATORS OF THE ESTATE OF ROSEMARY LESHO ET AL., RESPONDENTS. GEORGE LESHO AND MARY LESHO, ADMINISTRATORS OF THE ESTATE OF ROSEMARY LESHO V. HENRY B. FRIEDMAN, M.D. ET AL. HENRY B. FRIEDMAN, M.D., CHARLES E. MEYERS, M.D., ASSOCIATED INTERNISTS OF KINGSTON, PETITIONERS. GEORGE LESHO AND MARY LESHO, ADMINISTRATORS OF THE ESTATE OF ROSEMARY LESHO V. HENRY B. FRIEDMAN, M.D. ET AL. DAVID B. LUCCHINO, M.D., PETITIONER
Appeals from the Order of the Administrator of the Arbitration Panels for Health Care in the cases of George Lesho and Mary Lesho, Individually and as Administrators of the Estate of Rosemary Lesho v. Henry B. Friedman, M.D.; Charles E. Meyers, M.D.; David B. Lucchino, M.D.; Associate Internists of Kingston, P.C., and Wilkes-Barre General Hospital, No. M78-0515.
Howard M. Levinson, Rosenn, Jenkins & Greenwald, for petitioner, Wilkes-Barre General Hospital.
Joseph P. Mellody, Jr., Hourigan, Kluger & Spohrer, for petitioners, Henry B. Friedman, M.D., Charles E. Meyers, M.D., and Associated Internists of Kingston, P.C.
Joseph R. Rydzewski, with him Paul A. Barrett, Nogi, O'Malley & Harris, P.C., for petitioner, David B. Lucchino, M.D.
Frank J. McDonnell, with him Joseph J. O'Brien, Jr., Haggerty, McDonnell and O'Brien, for respondents, George Lesho and Mary Lesho.
Judges Blatt, Craig and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail.
[ 62 Pa. Commw. Page 223]
Our Court has permitted this appeal from an interlocutory order because the order from which the appeal was taken specified that it involved a controlling question of law as to which there was a substantial ground for difference of opinion and because an immediate appeal would materially advance the ultimate termination of the matter. 42 Pa. C.S. § 702(b) and Pa. R.A.P. 1311(a).
In the instant case the subject order was issued by Arthur S. Frankston, Administrator of Arbitration Panels for Health Care (Administrator) which order denied motions for summary judgment filed by the Petitioners.*fn1
[ 62 Pa. Commw. Page 224]
The relevant facts as set forth in the pleadings are that Rosemary Lesho died June 19, 1977, allegedly as the result of negligent acts of one or more of the Petitioners. Approximately two months later George and Mary Lesho (Leshos) parents of the decedent, filed a petition in the Orphans' Court of Luzerne County to settle their daughter's estate under the provisions of Section 3102 of the Probate, Estates and Fiduciaries Code, 20 Pa. C.S. § 3102, which petition was granted. On June 14, 1978, a "Notice Complaint" was filed by the Leshos in the filing office of the Arbitration Panels for Health Care, the caption of which identified the Leshos as "Administrators". On August 14, 1978 the Leshos filed their complaint in the same office identifying themselves in the caption and body of the complaint as individuals and as Administrators of the Estate of Rosemary Lesho. Preliminary objections were filed to the complaint whereupon an amended complaint was filed under the same caption. Thereafter, answers and amended answers were filed which raised, inter alia, the issue of the bar of the statute of limitations.
Within the appropriate time period, motions for summary judgment were filed by all defendants (Petitioners here) alleging that since letters of administration had not been applied for nor granted to the Leshos until October 3, 1979, their complaint*fn2 should be dismissed because not filed within the appropriate statute of limitations.*fn3 The Administrator denied the
[ 62 Pa. Commw. Page 225]
motions for summary judgment, reasoning that the doctrine of "relation back" applied to the facts of the case. Our task in this appeal is to determine whether the Administrator has ruled correctly. We hold that he has.
Suits by or against an estate must be brought by or against the personal representative of the estate. Ehrhardt v. Costello, 437 Pa. 556, 264 A.2d 620 (1970). Simply stated, the doctrine of relation back as applied to cases where an estate is a party means that the courts under certain circumstances will validate the acts of the personal representative of the estate which preceded the date of his official appointment.
While not as well known nor frequently applied as other principles of Pennsylvania law, the doctrine of relation back does have a long history in our courts. One of the earliest cases applying the doctrine in circumstances similar to those now before us is Leber v. Kauffelt, 5 Watts & Serg. 440, 446 (1843) where our Supreme Court said:
[T]he relation back will be admitted for the purpose of supporting the rights of the intestate, and of ratifying acts for the benefit of his estate, and giving a remedy where otherwise there would be none. . . .
The doctrine has remained viable over the years. In McGuire v. Erie Lackawanna Railway Co., 253 Pa. Superior Ct. 531, 385 A.2d 466 (1978) suit was instituted by the decedent's father as administrator. In fact, the father had not been granted letters of administration before suit was filed although he had applied for such letters. Judge Spaeth observed that over the years the courts had restricted the application of the doctrine of relation back to actions beneficial to the estate, but the Judge suggested that a better test was "whether in all the circumstances 'relation back' will achieve a just result". McGuire, 253 Pa. Superior Ct.
[ 62 Pa. Commw. Page 226]
at 535, 385 A.2d at 468. The issue in McGuire was the same as that in the instant case: should the action be barred by the statute of limitations because the plaintiff had not been granted letters of administration until after the statute had run? Judge Spaeth observed that the purposes of statutes of limitations are to expedite litigation so as to avoid stale claims and to promote finality and stability in the law. He then analyzed the complaint before the court and found that notwithstanding the fact that letters had not been granted to the plaintiff until after the statute of limitations had run, all of the objectives of the statute of limitations had been met within the statutory period. Accordingly, the court held that the doctrine of relation back should be applied.
McGuire was cited with approval by our Supreme Court in Estate of Gasbarini v. Medical Center of Beaver County, Inc., 487 Pa. 266, 409 A.2d 343 (1979) where it was held that the doctrine should be applied to factual circumstances "on all fours" with those in McGuire. And, as one would expect, McGuire was also followed in D'Orazio v. Locust Lake Village, Inc., 267 Pa. Superior Ct. 124, 406 A.2d 550 (1979), another case almost factually identical to McGuire.
Petitioners urge, however, that the important difference between the McGuire case and its progeny and the case now before us is that in each of those cases the administrator had at least applied for letters before the statute ran and there was a substantial assurance that the letters would be granted to the person alleging his or her fiduciary capacity in the pleading. For example, in Lovejoy v. Georgeff, 224 Pa. Superior Ct. 206, 303 A.2d 501 (1973) the court found the doctrine of relation back inapplicable. The facts of that case were unique. A young boy was injured in an automobile accident. His parents sought to recover their expenses from the operator of the vehicle who had died
[ 62 Pa. Commw. Page 227]
the day following the accident, a fact known to the parents of the injured child. Shortly before the statute of limitations would have expired the father of the injured boy caused citations to be issued by the office of the Register of Wills to the parents of the deceased driver notifying them that an application for letters of administration had been applied for by the father of the injured child. The citations gave the parents of the deceased an opportunity to respond. Before the parents responded and prior to the expiration of the statute of limitations, the father of the injured boy instituted suit against the father of the decedent as administrator of the decedent's estate. Within the time permitted by the citations issued to them but after the expiration of the statute of limitations and after suit had been commenced, the mother of the decedent renounced her right to letters and letters were granted to the father. That duly appointed personal representative then filed a motion for summary judgment which was granted. The Supreme Court held that the failure of the plaintiff to have an administrator appointed in the defendant-decedent's estate within the two year statute of limitations barred the action and the doctrine of relation back would not apply.
Several matters must be emphasized concerning Lovejoy. First, the estate was being sued and therefore had the doctrine of relation back been applied it would have been to the estate's detriment. Second, the court distinguished a lower court case, Stephenson v. Wildasin Estate, 48 Pa. D. & C.2d 684 (1969) because the equities in Stephenson were with plaintiff. Finally, the court pointed out that the purpose of dating back of letters was to validate the acts of the personal representative and not for other purposes.
It is true that in every case cited by counsel, where the doctrine has been applied, an application for letters was made before the statute of limitations expired.
[ 62 Pa. Commw. Page 228]
Nevertheless, we feel compelled to apply the doctrine here because our analysis of the reasoning used in McGuire and reiterated in the Estate of Gasbarini demonstrates that it must likewise prevail here. Absolutely nothing was changed in the Leshos' complaint by virtue of letters of administration having been granted to them after the statute of limitations had run. From the time the original complaint was filed, the Petitioners were aware that they were being sued for their alleged negligence resulting in the death of a named decedent. Every element necessary to establish the two causes of action against the Petitioners was set forth in the complaint, including the erroneous fact that the Leshos had been appointed administrators of their daughter's estate. Interestingly, none of the Petitioners' answers specifically denied that the Leshos were the administrators of their daughter's estate. It was only when leave was granted for the filing of an amended answer that the issue was raised. It is possible that the Leshos really thought they were the administrators of their daughter's estate because of their previous petition and proceeding before the Orphans' Court of Luzerne County. At the very least, the fact that both parents had been petitioners in that proceeding would discount the possibility of a renunciation by one of them, such as occurred in Lovejoy, supra.
In any event, it is our opinion that by permitting the doctrine to apply to the circumstances of this case, the acts of the administrators will have been validated, a just result will have been achieved, the estate will have been benefited and a remedy will not have been lost. Neither will the objectives of the statute of limitations have been disturbed.
Finally, we must add that while prejudice is not a consideration in most cases where the bar of the statute of limitations may apply, the virtue of the "just
[ 62 Pa. Commw. Page 229]
result" test becomes more evident when we observe in the instant case that no prejudice has been alleged or demonstrated by the Petitioners by reason of the application of the doctrine of relation back. In fact, we believe there is no such prejudice.
Order affirmed.
And Now, this 20th day of October, 1981 the order of Arthur S. Frankston, Administrator of Arbitration Panels for Health Care, entered August 29, 1980 denying the motions for summary judgment filed by Henry B. Friedman, M.D., Charles E. Meyers, M.D., David B. Lucchino, M.D., Associated Internists of Kingston, P.C. and Wilkes-Barre General Hospital, is affirmed.
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MACRO targetfriendplayer
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|General guides
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→ Commands
Sets your current target to a nearby friendly player.
/targetfriendplayer options name
Aliases Edit
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Arguments Edit
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17 February 2012
WA Spatial Excellence Awards now open
Welcome to the Western Australian Spatial Excellence Awards, hosted by
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As well as the category winners, judges will make an Award for overall


text: The Smiths - This Charming Man (Luis Leon Bootleg) by Blankhaus Music published on 2012-12-01T05:08:15Z As we write this review, listening to This Charming Man (the original version), we really want to thank you the amazing feedback that we've got in this few weeks and let you know that we really appreciate the love and sharing the same passion for music in which has been the success of the "Iconic Bands Bootleg Series". We tried to stay true to the original because of course, like fans of "The Smiths", we don't want to mess up a true masterpiece and we think that we made it. With the touch of a rhythmic bass line entwined with the classic vocals, this is a track that will stand the test of time, and of course, Free For Download! We know so much about these things..! Blankhaus Team facebook.com/blankhausmusic twitter.com/blankhausmusic Genre Deep Haus Comment by Leo Tellier sublime! 2016/12/01 14:43:32 +0000 Comment by Liam Jones 44 Amazeeeeeng 2016/11/19 18:36:42 +0000 Comment by ILLEGAL intern Radio ohhhh 2016/09/21 04:33:09 +0000 Comment by Blankhaus Music @spencer-baughman: Great song! Thanks Spencer! 2016/09/17 23:22:21 +0000 Comment by Eduardo Sousa 4 Muito Boa versáo!! Parabens!! 2016/09/12 22:27:52 +0000 Comment by karloff muy bueno!! 2016/08/18 20:04:22 +0000 Comment by Caro Duncan sooooo pretty 2016/07/28 18:30:27 +0000 Comment by Ukien Bstrd i'm into deep! deeper and deeper!! Awwww 2016/07/19 17:48:42 +0000 Comment by Humberto Thigre tuta que pariu,legal! 2016/06/19 22:14:32 +0000 Comment by Humberto Thigre nossaaaaa!que som da hora 2016/06/19 22:13:37 +0000 Comment by Humberto Thigre obaaaaaaaaaaaaaa! valeu a pena 2016/06/19 22:13:01 +0000 Comment by Humberto Thigre vou pro embalo 2016/06/19 22:11:49 +0000 Comment by Humberto Thigre lindo 2016/06/19 22:11:28 +0000 Comment by Humberto Thigre amei 2016/06/19 22:10:59 +0000 Comment by Tuna This is right 2016/06/06 23:14:44 +0000 Comment by plugplay.mx B R U T A L ! 2016/06/03 16:57:53 +0000 Comment by Izabella Machado Abertura de festa 2016/05/24 01:55:22 +0000 Comment by Hipster_Micki Ace ♠ ! 2016/05/16 19:00:07 +0000 Comment by foleycolorado @silly_cibin: <3 2016/05/01 15:46:49 +0000 Comment by Spencer Baughman this reminds me of the Love is Lost Hello Steve Riech mix James Murphy did w/ David Bowie for The Next Day Extra EP. Nice job dude. Beautiful, relaxing remix. Totally loving the vibe 2016/04/28 01:26:01 +0000 Comment by Blankhaus Music @cleptosaurios: sure you do 2016/03/08 21:54:42 +0000 Comment by Cleptosaurios Do I really like this song? 🙌 2016/03/08 05:04:58 +0000 Comment by MorellaM love this charming man xxxx 2016/03/07 17:59:53 +0000 Comment by Dean Harrison 1 Heard this track while lounging on a daybed at Carpe Diem in Barcelona, amazing remix, 2016/02/28 09:33:37 +0000 Comment by daliladelilah amazing remix! would you mind if I use it for a youtube video? 2016/02/21 16:02:33 +0000 Comment by Zain this takes me to a deserted beach in thailand 2016/02/17 22:06:26 +0000 Comment by Zain sooooo sexy 2016/02/17 22:05:25 +0000 Comment by Maurizio Benvenuti great rmx!! 2016/01/28 06:26:30 +0000 Comment by Juliana Acosta WOW 2016/01/19 18:12:33 +0000 Comment by killingtheteratoma This isn't a bootleg but rather a remix! 2016/01/14 20:21:58 +0000


text:
Seeking VP Candidates! Deadline December 8
The Executive Committee is currently soliciting interest for the position of Vice-President for the Alaska Chapter of the American Fisheries Society. This position is a 4-year commitment with 1-year terms for each of the positions of Vice-President (2017–2018), President-Elect (2018–2019), President (2019–2020), and Past-President (2020–2021). Read More
2017 Chapter Meeting – Abstract Submission now OPEN
Abstract submission is now open online at: https://www.surveymonkey.com/r/7HV9GT2
Abstract submission closes 11:59 pm Friday, February 10, 2017, this includes student presentations.
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text:
Doctor insights on:
Bumps On My Feet Symptoms
What causes small bumps on my feet?
Uncertain: There are a # of possible causes. The best way to get an accurate diagnosis would be dermatological evaluation. ...Read more
I keep getting these bumps on my feet when i bust them another will come. I only get these bumps when its hot . They leave black marks on my feet.?
Athletes Foot: More then likely it is athletes foot which is a form of skin fungus. Try using an antifungal cream. Using antifungal powders in your shoes and changing sock twice a day can help with moisture. ...Read more
I have itchy little bumps on my feet and ankle only at night?
Hard to say but: How long has it been going on? Are they really like the size of an eraser head.. & are gone by the morning(& gone the whole next day)? ..&no where else on your body? Bed bugs would be unlikely..Unless someone else sleeps in the same bed & they have it too? If bumps look more like welts(small mosquito bites) maybe are hives..But if going on more than few days take few pix & see your dr. ...Read more
Small red slightly raised circular bumps on my feet. It's not itchy and I assume some sort of bug bite. I was in a swampy area and this skin exposed.
You want: to make sure you don't have an infection. An antihistamine can be taken and a topical steroid can be applied. similarly ice application should be helpful. ...Read moreSee 1 more doctor answer
Bumps on my feet n hands itching my feet raw?
Dermatologist: This could be a condition called dyshidrosis. A dermatologist is best qualified to evaluate and advise you for this symptom. ...Read more
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Warts: Could be small warts.Get a more detailed answer ›
I have tiny white itchy bumps on my feet and moving to my ankles?
Allergic reaction: From bites or material in shoes, socks or grass etc. Could be fungal or other type of infection or skin reaction. See a podiatrist, . ...Read moreSee 2 more doctor answers
What are the pimple-like bumps on my feet? I get one every so often. They're small & only itch. Water comes out when I pop them with a needle. Not red
Foot lesions?: Best to see a Podiatrist for evaluation. DO NOT SELF Treat!!!! ...Read more
Small itchy red bumps on my feet and ankles. What is this?
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I have small raised bumps on my feet that are very itchy (especially at night) but not red or inflamed-also some (less) around the knees. Suggestions?
Acute athlete's foot: The first thing that comes to mind is that this is one of the presentations of acute athlete's foot. Use drying soaks (epsom salts or dilute vinegar) and a topical antifungal... I prefer patients use lotrimin ultra or Lamisil cream. You can use certain-dry pads or solutions to decrease perspiration. If this doesn't work, see a podiatrist and be sure to inform them of what you have tried already. ...Read moreSee 1 more doctor answer
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text:
Where a U.S. District Court judge dismissed a plaintiff's complaint related to a mortgage foreclosure, the judge properly applied New Hampshire's economic loss doctrine.Read More »
'First contact' doesn't bar solicitation lawsuit
A rare appellate decision addressing the enforceability of non-solicitation agreements in employment contracts shows that such provisions will be broadly construed in Massachusetts, according to attorneys who practice in the field.
Tagged with: EmploymentRead More »
Criminal – Money laundering – Sentencing – Guilty plea
Where a defendant (1) pleaded guilty to conspiracy to commit promotional money laundering, (2) stipulated to the amount of money laundered and (3) received a within-the-range prison sentence, the facts of the case supported the approval of the guilty plea and there was no sentencing error.Read More »
Search and seizure – Extraterritorial arrest
Where a federal law enforcement officer arrested a defendant beyond the territorial limits of the officer's jurisdiction, suppression of post-arrest evidence is not called for.Read More »
Attorneys – Sanctions – Motions in limine
Where a U.S. District Court judge imposed a $2,000 sanction upon a criminal defense attorney and his client for filing motions in limine immediately before the client's anticipated retrial, the judge was unwarranted in imposing the sanction.
Tagged with: SanctionsRead More »
Appeals – Waiver – Plea – Restitution
Where a defendant whose plea agreement contained an appeal waiver has filed an appeal challenging the restitution component of the sentence he received, the appeal must be dismissed on account of the waiver.
Tagged with: RestitutionRead More »
Mortgages – Flood insurance
Where a plaintiff, alleging that the defendant bank required him to purchase more flood insurance than was required under the terms of his mortgage, asserted claims of breach of contract and breach of the implied covenant of good faith and fair dealing, a U.S. District Court judgment for the bank must be affirmed because the 1st Circuit judges, sitting en banc, are equally divided.
Tagged with: Flood insuranceRead More »
Constitutional – Tobacco – Sales – Pricing
Where plaintiffs have challenged two Providence ordinances regulating the sale of tobacco products, the ordinances are neither preempted nor otherwise invalid.
Tagged with: tobaccoRead More »
Immigration – Removal – Motion to reopen – 'Post-departure bar'
Where the Board of Immigration Appeals found that it did not have jurisdiction to consider a motion to reopen removal proceedings, the BIA was relying on a set of federal regulations (the "post-departure bar") in conflict with federal statutory law.Read More »
Immigration – Removal – Motion to reopen – 'Post-departure bar'
Where (1) the Department of Homeland Security ordered the removal of a Dominican petitioner who had pleaded guilty to a drug offense, (2) the petitioner later moved to reopen his removal proceedings after successfully obtaining an order vacating the drug conviction and (3) the Board of Immigrations Appeals denied the motion based on the fact that the petitioner had already been removed to the Dominican Republic, the BIA's order must be reversed, as the "post-departure bar" (8 C.F.R. §1003.2(d)), which precludes a noncitizen from filing a motion to reopen "subsequent to his or her departure from the United States," is unenforceable.Read More »


text:
The global geothermal heat pumps market players are struggling to achieve a steady and noticeable position in the market through product improvement while the level of rivalry amongst them is extreme. The global geothermal heat pumps mar�
Sales, means the sales volume of Abscisic acid(ABA)
Revenue, means the sales value of Abscisic acid(ABA)
This report studies Abscisic acid(ABA) in China market, focuses on the top players in China market, with capacity, production, price, revenue and market share for each manufacturer, covering
- TCI America
- Hangzhou Dayangchem Co.,Ltd.
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- BioWorld
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Split by product Type, with production, revenue, price, market share and growth rate of each type, can be divided into
- Type I
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text:
Sci fi/Fantasy image byRebecca Kofoed
Like the equulf, the equuat is a rather mixed up beast, part horse, and part not. But what is the other part? Who knows! Thus, it is the equuat (pronounced ek-what). Pencil 2005
Published More than a year ago
Category Fantasy
Be the first to favourite this image.


text:
The Woeful Second World War
Written by Terry Deary
Illustrated by Martin Brown
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The Woeful Second World War by Terry DearyIt's history with the nasty bits left in! Want to know: \* Who made a meal out of maggots? \* Which smelly soldiers were sniffed out by their enemies? \* Why white knickers could kill you? Discover all the foul facts about the Woeful Second World War \- all the gore and more!
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144 pages
Terry Deary
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1st September 2011
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