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Category Archives: Politics
The Politics of Friends
"Let us not seek the Republican answer or the Democratic answer, but the right answer. Let us not seek to fix the blame for the past. Let us accept our own responsibility for the future." ~ John F. Kennedy I … Continue reading
Taken from a conversation on the senseless killings by the police of black people and the coming revolution … Tess: So Stanley, what's next? I wasn't around for the 60s but what is the final catalyst for a complete and … Continue reading
Posted in Facebook, In the news..., Politics Tagged black lives matter, revolution Leave a comment
Warning! Rant in Progress
A most excellent rant from author LaMonte M. Fowler on Facebook this morning. I feel the need to drop a little truth on y'all. So buckle up…I'm about to be politically incorrect. We don't need to take America back. No … Continue reading
Posted in advice, Community, Politics, Tips and Tricks Tagged Lamonte Fowler 2 Comments
Not in my Neighborhood ~ Homeless Squatters
"You can spend the money on new housing for poor people and the homeless, or you can spend it on a football stadium or a golf course." ~ Jello Biafra Recently some homeless people were discovered squatting in a house … Continue reading
Posted in Bothell, Community, Education, Government, My World, Politics, Security, United States Tagged homeless, security Leave a comment
Superman is an Immigrant
Born on Krypton, he came to this country with the promise of Hope – the symbol he bears on his chest. Many of our families also have a history of immigration. We share Superman's hope and we continue his fight … Continue reading
Posted in Culture, Movies, Politics Tagged Man of Steel, Superman Leave a comment
Make Love, not Hate. No, really…
Associate Justice Anthony Kennedy: "The question is whether or not the federal government, under our federalism scheme, has the authority to regulate marriage." Chief Justice John Roberts (to Edith Windsor's lawyer, Roberta Kaplan): "You don't doubt that the lobby supporting … Continue reading
Posted in In the news..., Politics Tagged Anti-gay, DOMA, Upworthy Leave a comment


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North Redington Beachholiday rentals
From simple studios to luxe lofts, find holiday rentals that are right for you on Airbnb.
Holiday rentals in North Redington Beach
£67 Dreams of Sunset Gulf
1 review
Come visit a small, quiet, beachfront condo in the heart of North Redington Beach, steps away from the sand. Enjoy picturesque sunsets from the balcony and beautiful views of t... read more
£63 Sea Rkt 1 - Cozy Efficiency in N Redington Beach!
1 review
Sea Rocket is close to the beach, restaurants and dining, and family-friendly activities. Perfect for couples or solo adventurers. Sea Rocket 1 is bright, cheerful and cozy. It... read more

subset: commoncrawl


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All hotels in Durban, South Africa
1 room, 2 adults
170 Florida Road Morningside, Durban, Kwazulu-natal, 4001, South Africa, 800-491-6126
Florida Park Hotel, Durban
Lowest price
Price Guarantee
3-star hotel, convenient to Sahara Stadium Kingsmead
- Free cooked-to-order breakfast, free WiFi, and free parking
Main amenities
- 39 guestrooms
- Room service
- 24-hour front desk
- Air conditioning
- Daily housekeeping
- Laundry service
- Concierge services
- Luggage storage
- Tour/ticket assistance
For families
- Private bathroom
- Television
- Free toiletries
- Daily housekeeping
- Coffee/tea maker
- In-room climate control (air conditioning)
What's around
- Sahara Stadium Kingsmead (1.7 mi / 2.8 km)
- African Art Centre (0.2 mi / 0.3 km)
- St. Mary's (0.4 mi / 0.7 km)
- Greyville Race Course (0.6 mi / 1 km)
- Mitchell Park Zoo (0.7 mi / 1.2 km)
See all 8 Hotels.com reviews
Great location
TripAdvisor Traveller Rating: 4
From 71 reviews
Florida Park Hotel, Durban
Hotel Info: 866-539-8117from $60
- Standard Double Room
- Standard Triple Room
- Standard Twin Room
- Suite
More great choices
At a glance
Key facts
Hotel size
- This hotel has 39 rooms
- Check-in time starts at 2 PM
- Check-out time is 10 AM
Required at check in
- Credit card or cash deposit required
- Government-issued photo ID required
- Minimum check-in age is 18
Travelling with others
- No cribs (infant beds)
- Pets not allowed
- Free WiFi in public areas
- Free WiFi in rooms
- Free self parking
Nearby Three Star Durban hotels
In the hotel
Food and drink
- Free cooked-to-order breakfast daily
- Room service (during limited hours)
- 24-hour front desk
- Concierge services
- Tours/ticket assistance
- Dry cleaning/laundry service
- Luggage storage
- Designated smoking areas
In the room
Home comforts
- In-room climate control (air conditioning)
- Air conditioning
- Coffee/tea maker
Freshen up
- Private bathroom
- Shower only
- Free toiletries
Be entertained
- Satellite TV channels
Stay connected
- Desk
- Free WiFi
- Phone
- Daily housekeeping
- In-room safe
Top Durban hotels
Recently reviewed hotels in Durban
- Hilton DurbanFrom
"Check-in was quick, clean room and the food at each restaurant was excellent. The breakfast spread was amazing! This hotel is close to beaches and attractions."Nov 28, 2016
- Suncoast Sunsquare & Suncoast Towers
"OK for one person small rooms, if you just have a backpack it's OK but if you have luggage it's not the room for you and the rooms are very small bear from is actually in the…"Nov 20, 2016
- City Lodge Hotel Umhlanga RidgeFrom
"Conveniently located hotel. Staff are very attentive and efficient."Nov 17, 2016
- The Oyster BoxFrom
"Had a wonderful stay @ The Oyster Box. Property is beautiful; food was delicious; staff was knowledgeable, friendly & very accommodating. Room was amazing. Included towel…"Nov 17, 2016
Also popular with travelers from the USA
Recent reviews
Excellent 4.0 /5 from 8 reviews
Florida Park Hotel, Durban
It's already been said....
Everyone has already mentioned the noise from the nearby club. I killed roaches; worn towels that need replacing, and the shower had hair from a previous guests and needed a good scrubbing. This establishment could really be a great stay if not for the aforementioned.
Florida Park Hotel, Durban
It was for work, so not much time to have fun and enjoy the place.
Florida Park Hotel, Durban
Great Location
Great stay and staff
Florida Park Hotel, Durban
Assist with the misunderstanding
We had a huge fight with the hotel manager by the name of John, apparently the agency paid for two people instead of three and we were told to pay R3100 for the third person he is still calling me to say he is sending me an invoice and he wants me to pay. Can someone fix this mess cause he says he is going blacklist my name. I booked for three people not two.
Florida Park Hotel, Durban
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Bursting with color and health, serve this smoothie in tall glasses with straws.
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Review: Nuance Power PDF Mimics Acrobat for Less
Nuance Power PDF offers an upgrade path from its existing PDF Converter.
Nuance Power PDF offers an upgrade path from its existing PDF Converter.
PowerLite 4000 series professional projectors provide bright, high-resolution images with vibrant color.
The new Magazine UX is strangely reminiscent of Windows 8, and even has "Live Tiles."
Flexibility and expandability are the main advantages of Dell's low-cost, do-it-yourself server.
With its series of Venue tablets for Android and Windows, Dell could be on a winning streak.
Aimed at the high-end enterprise worker, MultiSync EA-series monitors are designed with multimonitor users in mind.
The latest Ultrabook from Hewlett-Packard performed well, but its new 'ForcePad' took some getting used to.
Dell's convertible Ultrabook serves all purposes well, but suffers from mediocre performance and battery life unbecoming of Haswell.
Logitech's latest sub-$1,000 videoconferencing system is as capable as systems costing five times as much and is far easier to navigate.
Netgear's latest low-cost access point delivers the goods.
GammaTech's latest ruggedized notebook can take a beating while minimizing damage to the budget.
Lenovo's latest AiO performs like a workstation, but is priced for most budgets.
Intel high-speed wireless networking and fourth-gen processor are now a part of all XPS 13 models.
The more powerful ProLiant MicroServer offers greater capacities and can now be remotely managed with iLO.
Samsung still stands alone in the tablet world. The stylus-based Galaxy Note 8 makes for easier note-taking, more precise graphical content creation and more efficient navigation.
5 Companies That Had A Rough Week
For the week ending Dec. 9, CRN looks at IT companies that were unfortunate, unsuccessful or just didn't make good decisions.
The 10 Biggest Apple Stories Of 2016
The introduction of new products, the elimination of older ones and an added emphasis on enterprise marked the year of change for Apple.
SimpliVity CEO Kempel On Huawei Deal, Courting HPE And How Solution Providers Can Manage The Transition To Hyper-Convergence
Doron Kempel says selling hyper-convergence can be challenging for solution providers, but success will come from taking business from competitors that are unprepared or hesitant to embrace the technology.
The 2016 Internet Of Things 50
The IoT market is quickly moving beyond smart homes and automated cars to the enterprise and verticals where solution providers play a big role.


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Zombieland 2009 iNTERNAL BDRip x264-MARS
The group MARS released BDRip of 2009's comedy horror movie Zombieland.
5 wins & 9 nominations.
Genre: Comedy, Horror
Synopsis: A shy student trying to reach his family in Ohio, and a gun-toting tough guy trying to find the Last Twinkie and a pair of sisters trying to get to an amusement park join forces to travel across a zombie-filled America.


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Ecological agriculture : Principles , practices , and constraints 1
Agriculture (2007)Get full text at journal
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Woman injured in hit-and-run accident on North Side
PITTSBURGH,None - A woman was hit by a car Tuesday on the North Side and the driver fled the scene, police said.
Officials said the hit and run happened on Sandusky and North Avenue at about 7:30 a.m.
Dearra Moore, 18, said a burgundy sports utility vehicle hit her less than 100 yards from where she dropped her son off at daycare.
"Her right headlight just hit me in the side and I jumped off my feet," Moore said. "What if I was with my baby? We could have been seriously hurt."
Moore said her badly bruised hip will cause her to miss some time at work.
"It really hurt my side and I was in panic," Moore said.
She also said she hopes the driver comes forward.
"She said sorry and rolled her window back up," Moore said. "When I turned around to get her license plate number she drove away really fast."
Anyone with information is asked to contact police.
Woman injured in hit-and-run accident on North Side
Woman caught on camera stealing Salvation Army kettle at Waycross Walmart
Trump takes to Twitter to mull loss of citizenship, jail time for flag burners
Rescued, injured bald eagle treated at Audubon Center
DECISION 2016 ELECTION RESULTS -- Uncontested Races


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Freedom Communications Lays Off 66 Workers
The other shoe has dropped in Freedom Communications' recent flurry of newspaper sales--including that of Santa Ana flagship the Orange County Register. Actually, the pink slips 66 employees just received may have to eventually be fashioned into shoes given the shitty job market they are entering.
Freedom has granted mandatory employment freedom to the 66 who work at Irvine headquarters or the corporate online department housed in the same building as the Register, whose staff is not included in this round of layoffs. The sale of the Reg to a Boston investor is still pending.
Here are the recent sales that prompted the corporate downsizing:
Orange County Register Sold to Boston Investor
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Freedom Fire Sale Continues as Register Owner Dumps Florida and North Carolina Papers
Freedom Communications Sells MORE Papers That Are Not the Register
Orange County Register's Freedom Overlords Sell 8 TV Stations to Conservative Concern
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Sign up for our Action Network
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Visit the Candidate Surveys
Organize your community
The Local Advocacy Network is a statewide network of local coalitions working to advance arts education in public schools. Each community brings a unique set of circumstances and often generates new strategies.
www.artsed411.org Home • firstname.lastname@example.com • California Alliance for Arts Education • copyright • 495 E. Colorado Blvd, Pasadena, CA 91101 • 626.578.9315


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One Piece
Eternal Friends! The Vowed Bell Echoes Across the Mighty Seas!
Episode 189 | TV-14
Montblanc Noland and the warrior Kalgara succeed in settling their difference before parting ways, but the laws of nature and man conspire to keep them apart - permanently!
Dub Expires: 07-15-2015
Official Site: www.funimation.com/shows/one-pieceHide Details


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Apple AAPL 0.9822646657571623% Apple Inc. U.S.: Nasdaq USD111.03 1.08 0.9822646657571623% /Date(1481148000184-0600)/ Volume (Delayed 15m) : 29349064 AFTER HOURS USD110.85 -0.180000000000007 -0.1621183463928668% Volume (Delayed 15m) : 649655 P/E Ratio 13.425634824667473 Market Cap 586287796788.596 Dividend Yield 2.053499054309646% Rev. per Employee 1846780 More quote details and news » is rolling in cash, and ought to return more of it to shareholders. The question is how best to do so.
Two weeks ago, Barron's recommended that the company nearly double its dividend to 4%, as the move likely would attract income-oriented investors and lift Apple's depressed shares (ticker: AAPL), then trading for $440 each (see "Rx for Apple: The 4% Solution," Jan. 28).
Others think Apple should boost its meager buyback program, as the shares, which closed for the week at $475, trade for less than 11 times projected profit of $44.75 a share for the fiscal year ending in September. The effective price/earnings multiple falls to 7.5 if Apple's $137 billion, or $145 a share of cash, is excluded.
Investor David Einhorn of Greenlight Capital has an intriguing third alternative that involves issuing preferred stock. His advocacy of that idea, and a lawsuit he filed against Apple, elicited a surprise statement from the company last week that Apple has "been in active discussions about returning additional cash to shareholders." The stock rose 5% on the week.
Einhorn thinks Apple initially should issue about $50 billion of preferred stock to shareholders—one preferred share with a face value of $50 for each common share. He argues the two pieces of paper would be worth more than Apple's current price because investors would put a higher P/E multiple on the preferred than the common, because of demand from income investors.
Einhorn estimates that the Apple preferred could yield just 4% and trade at about face value, or par. This means $1 of Apple earnings would be capitalized at a P/E of 25 as preferred, versus just 11 for the common shares. The common shares would decline after issuance of the preferred because net income would be diverted to pay preferred dividends, but the common-price drop would be much less than the value of the preferred.
"We think for every $50 billion of preferred that Apple issues, it would unlock about $32 a share in Apple," Einhorn told CNBC. He seems to be saying investors would get $50 of preferred and see the common fall about $18 a share. If Apple issued $500 billion of preferred and allocated about half its earnings to preferred dividends, it could unlock $320 a share of value.
Einhorn first broached the preferred idea at the Ira Sohn conference in New York last May, suggesting five companies that could benefit: Apple, Dell (DELL), Microsoft msft 2.3686405337781484% Microsoft Corp. U.S.: Nasdaq USD61.37 1.42 2.3686405337781484% /Date(1481148000334-0600)/ Volume (Delayed 15m) : 28931203 AFTER HOURS USD61.32 -0.0499999999999972 -0.08147303242626691% Volume (Delayed 15m) : 1877766 P/E Ratio 29.504807692307693 Market Cap 466132302831.536 Dividend Yield 2.5419586116995276% Rev. per Employee 745325 More quote details and news » (MSFT), General Motors gm 3.507271171941831% General Motors Co. U.S.: NYSE USD36.3 1.23 3.507271171941831% /Date(1481148126079-0600)/ Volume (Delayed 15m) : 25784511 AFTER HOURS USD36.25 -0.0499999999999972 -0.13774104683195593% Volume (Delayed 15m) : 837867 P/E Ratio 4.158075601374571 Market Cap 53550241346.7551 Dividend Yield 4.18732782369146% Rev. per Employee 753874 More quote details and news » (GM), and Marvell Technology mrvl 2.204836415362731% Marvell Technology Group Ltd. U.S.: Nasdaq USD14.37 0.31 2.204836415362731% /Date(1481148000343-0600)/ Volume (Delayed 15m) : 6250026 AFTER HOURS USD14.39 0.0200000000000014 0.13917884481558804% Volume (Delayed 15m) : 150960 P/E Ratio 68.42857142857143 Market Cap 7199296894.54846 Dividend Yield 1.6701461377870563% Rev. per Employee 448373 More quote details and news » (MRVL).
Einhorn cites multiple benefits, including no immediate use of cash and no refinancing and default risk, since the preferred presumably would be perpetual. Apple could omit preferred dividends without causing a default since preferred is equity, not debt. A key impediment to the Einhorn idea is that no company is believed to have tried it. His response: "Some may object that there is no precedent for this idea. That is because this is a new idea."
Others say that the preferred might have to yield closer to 5% to trade at par.
Despite the merits of the Einhorn preferred, a conservative Apple probably won't be the first to try it out. It's a better bet that Apple takes a more conventional route. Boosting its dividend and buyback programs this year would be welcome news for Apple holders.
-- Andrew Bary
A High-Stakes Poker Game at Caesars: Bondholders vs. Shareholders
Apollo Global Management APO 3.7344398340248963% Apollo Global Management LLC Cl A U.S.: NYSE USD20 0.72 3.7344398340248963% /Date(1481148024932-0600)/ Volume (Delayed 15m) : 2054051 AFTER HOURS USD20 % Volume (Delayed 15m) : 29397 P/E Ratio 16.129032258064516 Market Cap 3576054444.98596 Dividend Yield 7% Rev. per Employee 1633250 More quote details and news » and TPG Group, the private-equity firms that control Caesars Entertainment, CZR -0.6060606060606061% Caesars Entertainment Corp. U.S.: Nasdaq USD8.2 -0.05 -0.6060606060606061% /Date(1481148000183-0600)/ Volume (Delayed 15m) : 1554918 AFTER HOURS USD8.1984 -0.01951219512195122% Volume (Delayed 15m) : 2652 P/E Ratio N/A Market Cap 1212444728.85132 Dividend Yield N/A Rev. per Employee 136455 More quote details and news » have been working feverishly for years to create some equity value in the overleveraged company, which has casinos in Las Vegas, Atlantic City, and other U.S. locales.
Caesars (ticker: CZR) went public a year ago in a tiny initial offering, after it was taken private in a top-of-the-market $30 billion leveraged buyout in 2008. Its shares came public at $9, and were at $14 when our skeptical article was published ("Is Caesars a Sucker's Bet?" Feb. 13, 2012). We urged investors to consider other, less-leveraged regional casino outfits, such as Ameristar Casinos (ASCA). These shares are up sharply since then.
Caesars shares spiked last week, rising 78%, to $13.91, on renewed hopes that Congress will legalize online poker after New Jersey Gov. Chris Christie said he supports the idea. Caesars amounts to a wager on whether online poker is legalized nationally. It has one of the best brands in the World Series of Poker and believes it would be one of the biggest beneficiaries. The shares look pricey because of Caesars' enormous debt load. The stock, however, is dangerous to short since the public float is just a fraction of the 125 million outstanding shares.
The Christie development may not mean much. New Jersey may legalize online poker, but that wouldn't generate much revenue for Caesars. It needs national action—and it's not clear how Christie changes that calculus. Congress refused to legalize online poker late last year.
Caesars has a byzantine capital structure with net debt of $22 billion, 11 times annual cash flow. Its key unit, Caesars Entertainment Operating, which controls most of its assets, will burn through an estimated $450 million to $600 million in cash in 2013 and 2014, according to Fitch Investors Service.
There appears to be no equity value in Caesars core casino business, but the company controls some assets not directly pledged to bondholders, including Caesars Interactive, the online-gaming unit. The key issue: Can the private-equity sponsors hand these businesses to equity holders without lawsuits from bondholders? This is tricky to handicap, given the wording of Caesars' bond indentures. Wall Street firms active in the junk and distressed-debt market are rumored to have spent lots of time and money trying to figure this out.
Last week, Caesars took a step toward separating those assets by announcing that it will create Caesars Growth Venture Partners, an entity that would hold the online business, two casinos, and $1.1 billion face amount of Caesars' debt.
"The company is trying to extend the runway by pushing out its debt maturities and create value for equity holders," says John Kempf, an analyst at RBC Capital Markets. He values the proposed Venture Partners at about $2 billion or more and assumes that equity holders may get half.
There could be no equity value in Caesars, if bondholders get all of its assets. Reflecting that possibility, some Caesars debt trades for just 70 cents on the dollar and yields 20%. "The story may be bondholders versus shareholders," Kempf says.
It is hard to say who will win. Apollo (APO) and TPG are sitting with large paper losses and are working overtime to derive value from one of the past decade's sorriest big leveraged buyouts. Regardless of whether they or the bondholders have the better hand, the poker game will be fascinating to watch.
E-mail: email@example.com


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Was Obama's Latest LGBT Executive Order In Exchange For Cash?
June 17, 2014 9:00am PST
Mr. "pen and phone" is at it again as he most recently bypassed Congress in order to enact an Executive Order prohibiting the workplace discrimination of those within the LGBT community. As it turns out, he was pushed to go through with yet another unconstitutionality by one of his largest donors.
The question here is; if you have enough money, can you buy legislation or even the presidency?
(See also: Obama Tells Kids He Was Too Drunk to Remember High School Graduation)
According to the Washington AP:
The president has resisted signing the order in hopes Congress would pass a broader non-discrimination measure that would apply to nearly all employers. While the Senate passed the legislation last year, the measure has languished in the Republican-led House and there is little sign that lawmakers will take it up in an election year.
As it turns out, one of the men responsible for raking in some of the largest amounts of donations for Obama, Chad Griffin, is cheering the loudest for his most recent action. President of the Human Rights Campaign, Chad Griffin, stated, "By issuing an executive order prohibiting federal contractors from discriminating against LGBT people, the president will not only create fairer workplaces across the country, he will demonstrate to Congress that adopting federal employment protections for LGBT people is good policy and good for business."
According to Sweetness & Light, "Chad is the guy who forced Obama to publicly support gay marriage before he would do any more fundraising for him in the 2008 campaign."So what's effectively happened here is Obama has done something – which mind you he spoke out against before his presidency – in exchange for donations (a.k.a. cash), proving he's nothing more than your average sell out.
(See also: Obama Sending Special Forces To Iraq)
Proving this point even further, the AP also "coincidentally" noted, "The announcement comes a day before Obama attends the Democratic National Committee's annual gay and lesbian fundraiser in New York." Hmmmmm – what a coinkdink! Can you say, "ka-ching?"
What do you guys think – is Obama really a sellout looking for as big a payout that he can get before he departs? Let us know in the comments below.
You must login in order to leave a comment.
You may also like to read:
- BREAKING: Obama Panicking After This State Files Massive Lawsuit Against Him
- Dolly Parton Risks Everything To Defy Major Obama Agenda
- BREAKING: Liberal Governor Signs Executive Order That Could CHANGE Election Forever
- Trey Gowdy Drops Bombshell On Obama – White House Panicking
- Supreme Court Gives Obama Some Devastating News


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Hello to everyone!
After a relatively busy work period I traveled a lot, I was able to make time in March-April to make Israel trail!
At the same time I want to upgrade my equipment, and customize it for different weather types thus saving weight.
I want to do Israel trail without a tent, but I already buy equipment that will be suitable for hiking during pretty:
The options are:
1. two tent that can be separated by can travel only with contains and if rain rain cover set
2. buying a + purchase/prepare Tharp. I have time and I love the ' 90s so I have no problem making Tharp
3. non-Word importantly slept without a tent, a few only covered places and places I've ever known. Anyone have any experience like that for Israel?
What really matters is weight. I am a hiker with double Rainbow, but I'm looking to Israel for ohel/single word only, not required to be priistanding, and I'm pretty open about price-good equipment investment (from my experience) and for years.
Is the difference between option 1 and 2 would be meaningful in terms of weight? Testimonials from experience are welcome! :)
Does anybody have experience in sewing a? Of course get easier than store-bought product. Or ahataks and weight savings would be irrelevant?
Sure you hear me soon with more questions, but for now we start with that.
Thank you for answering!!!
Wanna join the discussion?! Login to your Long distance hiking trails forum accountor Register a new forum account. Or Connect via Facebook
I forgot the bivvy-option to those who'd like to try the recommendations!
Hello Ali2. I purchased a night patrol and incised simple word I added footnotes network fabric called tulle. These I tuck under the mattress so that you get an enclosure and protected. These margins provide another person's accommodation, although btzpipot. Contained just lift door missed the margins and leave/enter. You can exit from both sides, and I think it's convenient and preferable prior to installing the wall. Weight 380 g after installing. When such night + cost of the tool is about 100 shekels. The measurement of cutting and sewing lasted about an hour per person and her right-hand ITER. The contains/Rod hanging on the walk, and it serves me. (I'm going to make a new Word easier in some weird, but since she is not yet a proven effective, should not treat her right now).3. sleep without sleeping with a night and without it (especially in winter). In March and April, I think we should prefer that contains, as bugs are expected to be more active. Smart and experienced may have me share about it. By the way, contains additional benefits; Equipment and almost no chance of losing it. In addition, decreases the chance of paint or one of the canine tries to drag one of your items (I heard at least three testimonies about such attempts, while all f who visited me fondly looks nights (covet bodhisattvas?) and maybe this attitude should not contain personal integrity but to the specific information then?
Edited by user Friday, December 26, 2014 5:59:03 AM(UTC)
| Reason: Not specified
I have so much experience with netting-putting the sides underneath the mattress, this does not mean that had copulated with you at night and then its efficiency drops? (A contact with you = mosquitoes, bugs in contact with you)
By the way-it is recommended that network type and lightweight that you know for sewing a?
Thanks again!
There is no contact between the contained and the body. Imagine a network with each pup tent made of spinning. He meets with two rods, and corners anchored to the ground with pegs (or stones). To add floor while maintaining the option to log in without install zip, add a footnote (dopanot one side sewn in, alongside the other tucked under the mattress, for sealing.(If any of the boys will be freed to help me, I try to upload an image).Incidentally, the dimensions are 210 90 width and height 130. You can purchase a in shops.
The network that I use called "tool". This is very common fabric, and I think you will find it in any store.
If you are going to sew a Word, and not on the basis of an existing Word, perhaps you should consider a dark color and white.
In addition to existing market Scouts chilet nets of two types:
Pyramid nets – I think they fit in to the bevelled.-Rectangular nets have four rods (in the absence of trees).


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Prices, promotions, styles and availability may vary by store and online.
Action - Bolt Action
Gauge - 12 Ga.
Chamber - 2-3/4" & 3"
Barrel Length - 22"
Weight - 7.4 Lbs.
Mossberg's bolt-action Model 695 is a shotgun that you can treat like a big game rifle. The 695 is built on a sturdy synthetic stock. The shotgun's 22-inch barrel is fully rifled for accuracy and ported to reduce felt-recoil. This shotgun features a ported barrel, adjustable rifle sights, and a 2-position safety and comes with two 2-round magazines. Its stock and metal are in good condition and its bore is in very good condition.


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"Drottningholm Palace" Drottningholm Things to Do Tip by spidermiss
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I spent a day at Drottingholm Palace and its grounds on my Stockholm Stay in August 2003. The Palace which was built in the late 17th Century and is currently the home of the Swedish royal family. It is a UNESCO world heritage site, the first site in Sweden to be added on, and is known as 'little Versailles'.
I visited the impressive Chinese Pavilion that King Adolf Fredrik had built as a surprise birthday present for Lovisa Ulrika in 1743. I also toured Drottningholms Slottstheater which is known as the oldest theatre in the world where the interior hasn't changed much since it was built and performances still continue today.
Address: Drottningholm
Directions: By boat from Stadshuskajen (City Hall Quay) to Drottingholm in Summer (Contact Str�mma Kanalbolaget at +46-8-587 140 00 for further information).
othercontact: +46 8 402 62 80
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established by Przysucha
...for his intense spirituality. For a time he was a disciple of Jacob Isaac Horowitz of Lublin, who was known as "the Seer." Przysucha gradually established a new form of Ḥasidism, Pshishkhah Ḥasidism, based on his belief that the wholehearted observance of one's duty as a Jew was of greater value than the performance of miracles, which he felt appealed to the ignorant...


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We present a theoretical framework for the generation and scattering of second-harmonic and sum-frequency light from the surface of particles of arbitrary shape in the limit of low index of refraction contrast. For homogeneous and isotropic surfaces, light scattering can be described by a finite set of scattering functions. Selection rules regarding these scattering functions are presented. We also find that the scattering functions associated with achiral and chiral surfaces are directly related to the bulk and surface linear optical form factors, respectively. Finally, we derive explicit expressions for particles of ellipsoidal shape, for which we calculate angular scattering patterns as a function of particle orientation and for ensembles of particles.
© 2011 Optical Society of AmericaFull Article | PDF Article
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Download these study guides from Via Afrika to help Grade 11 learners prepare for their upcoming exams.
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Rite Aid Pharmacy — Saint Stephens Road
Prichard, AL Hours and Location
Category: Pharmacies
Hours street map for all businesses nearby.
Rite Aid Pharmacy is currently Open.
Rite Aid Pharmacy Hours
Mon -
Tue -
Wed -
Thu -
Fri -
Sat -
Sun -
Other Rite Aid Pharmacy Locations
Hours for other Prichard stores...
4739 Saint Stephens Road
Prichard, AL 36613Driving DirectionsPhone: (251)457-6666(251)457-6666 Maps & Directions
Mon-Thurs: 8:00am-8:00pm
Friday: 8:00am-8:00pm
Saturday: 9:00am-6:00pm
Sunday: 10:00am-6:00pm
Additional Store Information
- Located at 4739 Saint Stephens Road At The Corner Of St. Stephens Rd And Lott Road
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As of: 1:48 pm (CST) Sat Dec 3, 2016. [Change]
As of: 1:48 pm (CST) Sat Dec 3, 2016. [Change]


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January 9, 2012
LINDEL L. FARGHER, ET AL., PLAINTIFFS,v.ARGENT MORTGAGE COMPANY LLC, ET AL., DEFENDANTS.
Plaintiffs, proceeding in this action pro se, have requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule 302(21), pursuant to 28 U.S.C. § 636(b)(1).
Plaintiffs have submitted an affidavit making the showing required by 28 U.S.C. § 1915(a)(1). Accordingly, the request to proceed in forma pauperis will be granted.
The determination that plaintiffs may proceed in forma pauperis does not complete the required inquiry. Pursuant to 28 U.S.C. § 1915(e)(2), the court is directed to dismiss the case at any time if it determines the allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against an immune defendant.
A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir. 1984). The court may, therefore, dismiss a claim as frivolous where it is based on an indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. The critical inquiry is whether a constitutional claim, however inartfully pleaded, has an arguable legal and factual basis. See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir. 1989); Franklin, 745 F.2d at 1227.
A complaint must contain more than a "formulaic recitation of the elements of a cause of action;" it must contain factual allegations sufficient to "raise a right to relief above the speculative level." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S. Ct. 1955, 1965 (2007). "The pleading must contain something more...than...a statement of facts that merely creates a suspicion [of] a legally cognizable right of action." Id., quoting 5 C. Wright & A. Miller, Federal Practice and Procedure 1216, pp. 235-235 (3d ed. 2004). "[A] complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949 (2009) (quoting Twombly, 550 U.S. at 570, 127 S.Ct. 1955). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id.
Pro se pleadings are liberally construed. See Haines v. Kerner, 404 U.S. 519, 520-21, 92 S. Ct. 594, 595-96 (1972); Balistreri v. Pacifica Police Dep't., 901 F.2d 696, 699 (9th Cir. 1988). Unless it is clear that no amendment can cure the defects of a complaint, a pro se plaintiff proceeding in forma pauperis is entitled to notice and an opportunity to amend before dismissal. See Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987); Franklin, 745 F.2d at 1230.
The complaint, filed October 18, 2011, appears to be mostly boilerplate, containing few facts pertinent to these plaintiffs. Plaintiffs allege, inter alia, that defendants committed various violations in connection with the lending process in regard to their home which led to foreclosure proceedings against them. Defendants are alleged to have failed to properly disclose the terms and conditions of the mortgage in violation of the Truth in Lending Act (" TILA"), (Compl. ¶¶ 57, 66.) Other claims are for unfair and deceptive trade practices, unfair competition under state law, "Federal Trade Commission Act Non-compliance," "failure to ratify commencement of the action Fed. R. Civ. P. Rule 17(a)(3)," Fair Debt Collection Practices Act, "U.S.C. section 556(d) [sic] Non-Compliance," unjust enrichment, "(Fraud) Attempted Fraud," and "injunctive relief for unclean hands." The complaint alleges that defendant Argent Mortgage Company entered into the residential mortgage transaction with plaintiffs on June 28, 2007, and the deed of trust was recorded on July 3, 2007. (Id. at ¶¶ 13, 16.) Plaintiffs do not indicate whether the transaction was for an initial purchase or a re-finance or whether it involved a residential mortgage transaction.*fn1
Although the complaint alleges that equitable tolling is permitted under TILA, plaintiffs provide no facts concerning the statute of limitations or why equitable tolling should apply. (Compl. ¶¶ 59, 60.) Plaintiffs state only in a conclusory manner that the statute of limitations should be tolled due to fraud. (Id. at ¶ 54.)
TILA violations include the failure to provide the required disclosures pursuant to 15 U.S.C. § 1631. To recover damages arising from alleged TILA violations, a plaintiff must file an action to recover damages "within one year from the date of the occurrence of the violation," and any claim for rescission must be filed within three years. 15 U.S.C. §§ 1640(e), 1635(f). However, in certain circumstances, equitable tolling of civil damages claims brought under TILA might be appropriate. See King v. State of California, 784 F.2d 910, 915 (9th Cir. 1986). The doctrine of equitable tolling may be appropriate when the imposition of the statute of limitations would be unjust or would frustrate TILA's purpose "to assure a meaningful disclosure of credit terms so that the consumer will be able to ... avoid the uninformed use of credit." Id. (quoting 15 U.S.C. § 1601(a)).
In regard to any claim under the Fair Debt Collection Practices Act ("FDCPA"), foreclosures are not covered by this act. "[F]oreclosing on [a] property pursuant to a deed of trust is not the collection of a debt within the meaning of the FDCPA." Izenberg v. ETS Services, LLC, 589 F. Supp.2d 1193, 1199 (C.D. Cal. 2008) (quoting Ines v. Countrywide Home Loans, 2008 WL 4791863, at *2 (S.D. Cal. Nov. 3, 2008)). Plaintiffs are advised that if they amend their complaint to include this claim, it will be dismissed without leave to amend.
Plaintiffs allege "(fraud) attempted fraud." (Compl. ¶¶ 140-53.) Federal Rule of Civil Procedure 9, titled "Pleading Special Matters," provides as follows with regard to claims of "Fraud or Mistake; Conditions of Mind:"
In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person's mind may be alleged generally.
Fed. R. Civ. P. 9(b). "Rule 9(b) serves not only to give notice to defendants of the specific fraudulent conduct against which they must defend, but also 'to deter the filing of complaints as a pretext for the discovery of unknown wrongs, to protect [defendants] from the harm that comes from being subject to fraud charges, and to prohibit plaintiffs from unilaterally imposing upon the court, the parties and society enormous social and economic costs absent some factual basis.'" Bly-Magee v. California, 236 F.3d 1014, 1018 (9th Cir. 2001) (quoting In re Stac Elec. Sec. Litig., 89 F.3d 1399, 1405 (9th Cir. 1996)). Accordingly, pursuant to Rule 9(b), a plaintiff at a minimum must plead evidentiary facts such as the time, place, persons, statements and explanations of why allegedly misleading statements are misleading. In re GlenFed, Inc. Sec. Litig., 42 F. 3d 1541, 1547 n.7 (9th Cir. 1994); see also Vess v. Ciba-Geigy Corp. USA, 317 F.3d 1097, 1106 (9th Cir. 2003); Fecht v. Price Co., 70 F.3d 1078, 1082 (9th Cir. 1995).*fn2
Here, plaintiffs allege only that unnamed doe defendants failed to disclose information "pertaining to the securitization process." (Compl. ¶ 142.) Also alleged is that the lender made false statements and concealed information, but the complaint does not specify what the false statements were or what information was concealed from plaintiffs. (Id. at ¶¶ 143, 144.) If plaintiffs intend to proceed with this claim, they must amend their complaint under the standards set forth above. Plaintiffs are warned, however, that to allege such a state law claim without any other federal claims in their amended complaint, there must be independent grounds of subject matter jurisdiction.*fn3
The remainder of plaintiffs' state law claims have not been reviewed. If plaintiffs are unable to cure the defects in their TILA claim as set forth above, there will be no independent federal question jurisdiction and the state law claims would have to be dismissed unless there is diversity jurisdiction.
In sum, the court finds the allegations in plaintiff's complaint so vague and conclusory that it is unable to determine whether the current action is frivolous or fails to state a claim for relief. The court has determined that the complaint does not contain a short and plain statement as required by Fed. R. Civ. P. 8(a)(2). Although the Federal Rules adopt a flexible pleading policy, a complaint must give fair notice and state the elements of the claim plainly and succinctly. Jones v. Community Redev. Agency, 733 F.2d 646, 649 (9th Cir. 1984). Plaintiffs must allege with at least some degree of particularity overt acts which defendants engaged in that support plaintiffs' claim. Id. Because plaintiffs have failed to comply with the requirements of Fed. R. Civ. P. 8(a)(2), the complaint must be dismissed.
If plaintiffs can allege a claim that is not time barred, consonant with their obligations under Federal Rule of Civil Procedure 11, then they may file an amended complaint. If plaintiffs choose to amend the complaint, plaintiffs must set forth the jurisdictional grounds upon which the court's jurisdiction depends. Fed. R. Civ. P. 8(a). Further, plaintiffs must demonstrate how the conduct complained of has resulted in a deprivation of plaintiffs' federal rights. See Ellis v. Cassidy, 625 F.2d 227 (9th Cir. 1980).
Finally, plaintiffs are advised that argument is not necessary or desired in a complaint. The complaint should contain facts which lead to the ultimate conclusion that a specific law has been violated, by whom, and when.
Plaintiffs are informed that the court cannot refer to a prior pleading in order to make plaintiff's amended complaint complete. Local Rule 220 requires that an amended complaint be complete in itself without reference to any prior pleading. This is because, as a general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended complaint, the original pleading no longer serves any function in the case. Therefore, in an amended complaint, as in an original complaint, each claim and the involvement of each defendant must be sufficiently alleged.
IT IS ORDERED that:
1. Plaintiffs' request for leave to proceed in forma pauperis is granted.
2. Plaintiffs' complaint is dismissed for the reasons discussed above, with leave to file an amended complaint within twenty-eight (28) days from the date of service of this Order. Failure to file an amended complaint will result in a recommendation that this action be dismissed.
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decided: July 15, 1975.
WORKMEN'S COMPENSATION APPEAL BOARD OF THE COMMONWEALTH OF PENNSYLVANIA AND JOSEPH LABUTISv.UNIVERSAL CYCLOPS SPECIALTY STEEL DIVISION OF CYCLOPS CORPORATION, APPELLANT
Appeal from the order of the Workmen's Compensation Appeal Board in case of Joseph Labutis v. Universal Cyclops Specialty Steel Division of Cyclops Corporation, No. A-68449.
Harold V. Fergus, Jr., with him Fergus, Martin and Fergus, for appellant.
Alexander J. Pentecost, with him James N. Diefenderfer, for appellees.
Judges Crumlish, Jr., Wilkinson, Jr., and Blatt, sitting as a panel of three. Opinion by Judge Crumlish, Jr.
[ 20 Pa. Commw. Page 263]
This is a direct administrative appeal from an order of the Workmen's Compensation Appeal Board affirming a referee's decision setting aside a final receipt executed by claimant, Joseph Labutis, and reinstating total disability payments to claimant under a supplemental compensation agreement.
Claimant suffered an accident in the course of his employment with Appellant on April 1, 1968 when he slipped into a pit and injured his back. The parties thereafter entered into a compensation agreement and supplemental agreements for total disability payments for various periods throughout 1968. On January 9, 1969, claimant executed a final receipt. Claimant was hospitalized in May of 1969 for a laminectomy and spinal fusion. Alleging total disability as a result of this operation which, in turn, was causally related to the April 1968 accident, claimant filed a claim petition in July of 1969 which was subsequently amended to a petition to set aside a final receipt. On April 12, 1974 the referee granted the petition and reinstated compensation as of May 11, 1969, and on appeal, the Board affirmed. We similarly affirm.
In an action to set aside a final receipt under Section 434 of the Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 1001 (Supp. 1974-1975), the burden is upon the claimant to prove conclusively that all disability attributable to the prior accident has not, in fact, terminated. Where, as here, the referee has found in favor of the party with the burden of proof and the Board has not taken additional evidence, our review is limited to a determination of whether or not constitutional rights were violated, an error of law was committed, or any necessary findings of fact made by the referee were unsupported by substantial competent evidence. Universal Cyclops v. Workmen's Compensation Appeal Board, 13 Pa. Commonwealth Ct. 375, 320 A.2d 449 (1974).
[ 20 Pa. Commw. Page 264]
Appellant initially contends that claimant's medical testimony was not sufficiently unequivocal to establish the necessary causal relationship between his accident in April 1968 and his present total disability occurring after his hospitalization in May of 1969. We disagree. Dr. John A. Perri, an orthopedic surgeon and claimant's attending physician, testified that claimant suffered from degenerative arthritis at levels L-4 and L-5 dating back to at least 1965 when two discs were surgically removed; that the injury sustained in 1968 was the precipitating and aggravating factor which necessitated further surgery on this pre-existing condition; and that the May 1969 surgery -- a laminectomy and spinal fusion at L-4 and L-5 and L-5 to S-1 -- resulted in his total disability. Appellant argues that this testimony was rendered equivocal by the doctor's frank answers on cross-examination that he could not say whether or not claimant would be in the same condition were it not for the accident. We agree with the Board that this response to a highly speculative and hypothetical question was irrelevant in light of this witness's positive testimony that the 1968 accident did, in fact, aggravate and precipitate a pre-existing degenerative condition, and that the injury thus sustained necessitated the May 1969 surgery. Since the 1968 accident is not disputed, the injury resulting therefrom is compensable though in part attributable to a pre-existing condition. See Stump v. Follmer Trucking Co., 448 Pa. 313, 292 A.2d 294 (1972); Czankner v. Sky Top Lodge, Inc., 13 Pa. Commonwealth Ct. 220, 308 A.2d 220 (1973).
[ 20 Pa. Commw. Page 265]
Finally, appellant argues that the referee erred in finding claimant totally disabled after it had presented evidence of the availability of light work for which claimant was physically qualified. Because claimant's physician testified that his disability precluded a continuation in his prior job as a welder, the burden of proof was on appellant to establish that other positions for which claimant was qualified were available to him. Barrett v. Page 265} Otis Elevator Co., 431 Pa. 446, 246 A.2d 668 (1968); Northern Metal Co. v. Workmen's Compensation Appeal Board, 14 Pa. Commonwealth Ct. 283, 320 A.2d 453 (1974). The employer need not prove an actual job offer, only that jobs within a claimant's physical capacity and qualifications are available within the relevant labor market. Don-Mark Realty Co. v. Milovec, 11 Pa. Commonwealth Ct. 448, 314 A.2d 349 (1974); Matrunics v. Ruffsdale Coal Company, Inc., 6 Pa. Commonwealth Ct. 420, 295 A.2d 629 (1972).
Appellant presented an employment specialist who testified that there were five watchman's jobs available, a position which claimant's physician had previously stated claimant was capable of performing. One such job was described as a "fire watch" at a construction site, allegedly involving limited climbing or lifting. Dr. Perri, however, qualified his opinion by the observation that he would have to review the specific duties of each watchman position before recommending claimant for it. The claimant, in turn, testified that because of his back condition he cannot stand for more than a half-hour or walk more than fifty yards, and even after this limited activity he must lie down for two hours. It is apparent to us that the referee accepted this evidence in finding that appellant had failed to prove that claimant was physically able to work as a watchman, and it is clearly sufficient to rebut appellant's evidence of the availability of such jobs.
Consistent with the foregoing, we enter the following
And Now, July 15, 1975, the appeal of Universal Cyclops Specialty Steel Division of Cyclops Corporation is dismissed; and said Appellant and/or Pennsylvania Manufacturers' Association Insurance Company are directed to pay Joseph Labutis total disability compensation at the rate of $60.00 per week beginning May 11, 1969 into the indefinite future, together with interest at the rate of 6% per annum on all deferred payments, all within the limits of the Pennsylvania Workmen's Compensation
[ 20 Pa. Commw. Page 266]
Act. Said defendants are further ordered to pay Aetna Casualty and Surety Company, as subrogation, the sum of $2,497.72; and to pay Alexander J. Pentecost, Esq., attorney for Joseph Labutis, a sum equal to 10% of all past and future compensation becoming due claimant on or after May 11, 1969 as attorney's fees.
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decided: September 29, 1981.
PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, ASA D. BURKHOLDER, LEON LANKFORD, AND VINCE CHARPENTIER, APPELLANTS,v.RICHARD L. THORNBURGH, GOVERNOR OF THE COMMONWEALTH OF PENNSYLVANIA, ROBERT E. CASEY, TREASURER OF THE COMMONWEALTH OF PENNSYLVANIA, ETHEL D. ALLEN, SECRETARY OF THE COMMONWEALTH OF PENNSYLVANIA, FRANKLIN COUNTY BOARD OF ELECTIONS, BUCKS COUNTY BOARD OF ELECTIONS, YORK COUNTY BOARD OF ELECTIONS, PENNSYLVANIA STATE ETHICS COMMISSION, DISTRICT ATTORNEY OF FRANKLIN COUNTY, DISTRICT ATTORNEY OF BUCKS COUNTY, AND DISTRICT ATTORNEY OF YORK COUNTY
No. 56 May Term, 1979, Appeal from Order of the Commonwealth Court at No. 417 C.D. 1979
Thomas L. Wenger, Harrisburg, for appellants.
Robert B. Hoffman, Deputy Atty. Gen., for appellees Thornburgh, Casey and Allen.
David Rittenhouse Morrison, Deputy Atty. Gen., for appellee Pennsylvania State Ethics Com'n.
John R. Walker, Dist. Atty., for appellee Franklin County.
Kenneth G. Biehn, Dist. Atty., for appellee Bucks County.
John C. Uhler, Dist. Atty., for appellee York County.
O'Brien, C. J., Roberts, Nix, Larsen, Flaherty and Kauffman, JJ. O'Brien, C.j., files an Opinion in Support of Affirmance which Kauffman, J., joins. Nix, J., would affirm the order of the Commonwealth Court. Roberts, J., files an Opinion in Support of Reversal which Larsen and Flaherty, JJ., join. Flaherty, J., files an Opinion in Support of Reversal.
[ 496 Pa. Page 325]
The Court being equally divided, the Order of the Commonwealth Court is affirmed.
[ 496 Pa. Page 326]
O'BRIEN, Chief Justice.
This is an appeal from an Order entered in the Commonwealth Court sustaining the Preliminary Objections of appellees and dismissing appellants' Petition for Review.
Appellants are three individual supervisors of townships of the second class and the Pennsylvania State Association of Township Supervisors. On February 26, 1979, appellants filed a Petition for Review on behalf of themselves and the class they represent, in Commonwealth Court. Named as respondents were the Governor, the Treasurer, the Secretary of the Commonwealth, and the Auditor General*fn1 as individuals, and the Franklin, Bucks and York County Boards of Election and District Attorneys individually and as representatives of classes, and the Pennsylvania State Ethics Commission.
By their Petition for Review appellants alleged the Public Officials Ethics Law, 65 P.S. §§ 401, et seq., is violative of the Constitutions of the United States or of this Commonwealth, in eleven particulars. By their prayer for relief appellants requested that Commonwealth Court declare the Act unconstitutional, and further that it enjoin respondents, appellees herein, from enforcing it.
Appellees filed Preliminary Objections raising a question of jurisdiction and a demurrer. The latter was sustained by the Commonwealth Court and appellants' Petition for Review was, on August 31, 1979, dismissed. Hence this appeal.
Appellants now advance four arguments, each of which asserts a constitutional defect in the Act.*fn2
[ 496 Pa. Page 327]
First, appellants contend the financial disclosure requirements contained in the Act unconstitutionally infringe upon their right of privacy. The challenged statutory provision is as follows:
"(a) The statement of financial interests filed pursuant to this act shall be on a form prescribed by the commission and shall be signed under penalty of perjury by the person required to file the statement.
"(b) The statement shall include the following information for the prior calendar year with regard to the person required to file the statement and the members of his immediate family:
"(1) The name, address and position of the person required to file the statement.
"(2) The occupations or professions of the person required to file the statement and those of his immediate family.
"(3) Any direct or indirect interest in any real estate which was sold or leased to the Commonwealth, any of its agencies or political subdivisions; purchased or leased from the Commonwealth, any of its agencies or political subdivisions; or which was the subject of any condemnation proceedings by the Commonwealth, any of its agencies or political subdivisions.
"(4) The name and address of each creditor to whom is owed in excess of $5,000 and the interest rate thereon. However, loans or credit extended between members of the immediate family and mortgages securing real property which is the principal residence of the person filing or of his spouse shall not be included.
"(5) The name and address of any person who is the direct or indirect source of income totaling in the aggregate $500 or more. However, this provision shall not be construed to require the divulgence of confidential
[ 496 Pa. Page 328]
information protected by statute or existing professional codes of ethics.
"(6) The name and address of any person from whom a gift or gifts valued in the aggregate at $200 or more were received, and the value and the circumstances of each gift. However, this provision shall not be applicable to gifts received from the individual's spouse, parents, parents by marriage, siblings, children or grandchildren.
"(7) The source of any honorarium received which is in excess of $100.
"(8) Any office, directorship or employment of any nature whatsoever in any business entity.
"(9) Any financial interest in any legal entity engaged in business for profit.
"(c) The statement of financial interest need not include specific amounts for any of the items required to be listed." 65 P.S. § 405 (1980-81 Supp.).
In Snider v. Thornburgh, 496 Pa. , 436 A.2d 593 (1981), we held that the statute's minimal intrusion into the area of protected privacy of elected school directors was outweighed by the substantial legislative interests vindicated by the Act.
Appellants in the instant case appear to concede the correctness of our Snider holding as it would apply to statewide officials; they complain, rather, that the Act is unconstitutional when applied to them.
"As contrasted to local officials, state office holders, generally have greater public resources at their disposal, greater authority to make appointments and more important decisions, greater opportunity to influence people and, consequently, greater opportunity and temptation to engage in the mischief at which the statute is directed." (Brief for appellants at 17-18).
The argument advanced by appellants would be more persuasive if the intrusion into their private lives were more significant. But a review of section five of the Act, which describes those facts which must be disclosed, clearly demonstrates
[ 496 Pa. Page 329]
that the intrusion into appellants' privacy occasioned by the Act is minimal.
Moreover, appellant's disingenuous argument concerning their limited opportunity for mischief is inapt. For the negative implication of that argument is that there exists nevertheless some opportunity. See 53 P.S. §§ 65510, 65516. Having conceded the propriety of the Legislature's concern in reducing corruption in government, and in concomitantly increasing public confidence in government, a concession which in our view must be made, the elements to be weighed become clear. On the one hand is the legitimate expression of legislative concern; on the other is appellants' rights to privacy in their financial affairs. The fulcrum between them upon which the balance rests is the Act and the minimal intrusion it effects.*fn3 I conclude that, so struck, the balance tips clearly in favor of the Legislature, in the face of whose interests appellants' privacy must yield.
Appellants next claim the Act deprives them of the equal protection of the laws in that its scope is overbroad. The gravamen of appellants' complaint is that the Act imposes identical burdens upon all public officials, whether they function at the local level or throughout the state. This is but a paraphrasing, in equal protection language, of the argument appellants earlier make in a privacy context.
While it is true that the public responsibilities of local officials are more limited than those of officials who serve the entire Commonwealth, the mischief at which the Act is directed is present for both. Excluded from the strictures of the Act is a myriad of officials who perform purely ministerial functions. 65 P.S. § 402. But upon public servants who perform more than merely ministerial tasks, whether they
[ 496 Pa. Page 330]
function on a grand or more limited scale, the Legislature has determined to impose a uniform burden.
In Snider v. Thornburgh, supra, we reaffirmed that a legislative classification must bear a "fair and substantial relation to the object of the legislation . . .". Moyer v. Phillips, 462 Pa. 395, 341 A.2d 441 (1971). In the face of this standard appellants' "overbreadth" equal protection argument must fail. The Legislature failed to distinguish between, and treat differently, state and local officials because the object of the legislation applies equally to both.
Appellants next assert the Act is violative of the due process clause of the Fourteenth Amendment of the Constitution of the United States in that it is "so vague that men of common intelligence must necessarily guess at its meaning . . .". Connally v. General Construction Company, 269 U.S. 385, 46 S.Ct. 126, 70 L.Ed. 322 (1926). Specifically appellants assail the provisions of sections 3 and 4 of the Act as being impermissibly vague.*fn4
[ 496 Pa. Page 332]
The Commonwealth Court summarily disposed of appellants' claim. I conclude, as appellees argue, that appellants were without standing to raise the issue at all.
"It is well established that vagueness challenges to statutes which do not involve First Amendment freedoms must be examined in the light of the facts of the case at hand. [citation omitted]" United States v. Mazurie, 419 U.S. 544, 95 S.Ct. 710, 42 L.Ed.2d 706 (1975).
The holdings in our cases are completely consistent with Mazurie. See, Commonwealth v. Hughes, 468 Pa. 502, 364 A.2d 306 (1976); Commonwealth v. Heinbaugh, 467 Pa. 1, 354 A.2d 244 (1976). To do otherwise "would require us to adjudicate the rights of parties not presently before the Court, at the insistence of a party who does not have standing to assert such rights. It is for this reason that facial attacks on the validity of statutes are not generally permitted." Heinbaugh, id., 467 Pa. at 4, 354 A.2d 244.
In the instant case appellants do not argue the presence of First Amendment implications. Rather appellants contend the Act regulates or proscribes certain conduct in terms impermissibly vague.*fn5 Appellants do not allege they have
[ 496 Pa. Page 333]
engaged in the conduct regulated by the Act. They do not assert an intention to engage in such conduct. Neither do appellants argue a desire to engage in such conduct, which desire has been "chilled" by the existence of the Act.
Moreover, section seven of the Act provides that parties may request of the Ethics Commission an opinion, written or unwritten, "with respect to such person's duties under [the] Act". Upon receipt of such request the Commission must issue an opinion. "No person who acts in good faith on an opinion issued to him by the Commission shall be subject to criminal or civil penalties for so acting . . .". 65 P.S. § 407(9). In Civil Service Commission v. Letter Carriers, 413 U.S. 548, 93 S.Ct. 2880, 37 L.Ed.2d 796 (1973), the Supreme Court remarked in a very similar context, that "it is . . . important . . . that the Commission has established a procedure by which an employee in doubt about the validity of a proposed course of conduct may seek and obtain advice from the Commission and thereby remove any doubt there may be as to the meaning of the law, at least insofar as the Commission itself is concerned." Id., 413 U.S. at 580, 93 S.Ct. at 2897.
I agree that the procedure is important, particularly in that parties situated as are these appellants will presumably be excused from fulfilling the requirement of standing, other than establishing that they are covered by the Act.
[ 496 Pa. Page 334]
Accordingly I conclude that appellants have failed to demonstrate they have standing to advance a challenge to the Act alleging it is vague on its face. I would hold, moreover, that appellants in fact do not have standing to do so.
Finally appellants assail section 3(d) of the Act as constituting an impermissible delegation of legislative power.
We have often held that "the legislature cannot delegate its power to make laws to any other body or authority . . . . [citations omitted] . . . 'While not specifically set forth in the Constitution, the non-delegation rule is a natural corollary to Article II, § 1 since it requires that the basic policy choices involved in "legislative power" actually be made by the Legislature as constitutionally mandated.'" State Board of Chiropractic Examiners v. Life Fellowship of Pennsylvania, 441 Pa. 293, 297, 272 A.2d 478 (1971).
Section 3 of the Act identifies certain specific conduct which constitutes "Restricted Activities". Section 3(d) provides that:
"Other areas of possible conflict shall be addressed by the Commission pursuant to Paragraph (9) of Section (7)." 65 P.S. § 403(d).
Section 7(9), 65 P.S. § 407(9), authorizes the Commission to issue opinions and/or advice to parties requesting it and also to conduct independent investigations of possible conflicts of interest. It is the authority granted to the Commission by section 3(d) which appellants claim violates the constitutional prohibition against delegation of legislative authority.
When presented with this question the Commonwealth Court observed:
"Given the thousands of public officials who are subject to the Act, each with private circumstances presenting at least the potentiality of a conflict of interest with the public trust, we must conclude that the legislature provided the Commonwealth with sufficient statutory direction and guidelines . . .". 405 A.2d 614 at 617.
This observation comports with the analysis we have utilized in the past. We have recognized that it can be "impractical"
[ 496 Pa. Page 335]
or "almost impossible" for the legislature to provide precise standards encompassing all potential situations. Commonwealth, Water & Power Resources Board v. Green Spring Co., 394 Pa. 1, 9, 145 A.2d 178 (1958). Consequently we have held that the Legislature may confer significant rule making discretion upon an administrative agency, subject to the proviso that the "legislation must contain adequate standards which will guide and restrain the exercise of the delegated administrative function." Chartiers Valley Joint Schools v. Allegheny County Board of School Directors, 418 Pa. 520, 529, 211 A.2d 487 (1965).
In ascertaining the sufficiency of the standards provided by the Legislature, we look to "the purpose and scope of the Act, the subject matters covered therein, the duties prescribed, and the broad or narrow powers granted." Dauphin Deposit Trust Co. v. Myers, 388 Pa. 444, 449, 130 A.2d 686 (1957).
Appellants in the instant case have advanced a facial attack upon the statute. The record before us discloses no action taken by the Commission pursuant to section 3(d) or 7(9). My review of the statute convinces me that by section 1, 65 P.S. § 401, section 3, 65 P.S. § 403, section 4, 65 P.S. § 404, and section 5, 65 P.S. § 405, the Act provides, on its face, adequate standards by which to guide the Commission in the exercise of its discretion.
It is of course not inconceivable that the Commission at some future time may invoke its authority under sections 3(d) and 7(9) in such a fashion as will amount to a usurpation of the Legislature's authority. In such an event we may declare that action unconstitutional. But on its face, as appellants have presented the matter to us, I conclude the Legislature has properly fashioned the statute with adequate and sufficient standards under which the Commission may act.
Accordingly, I would affirm the order of the Commonwealth Court.
[ 496 Pa. Page 336]
ROBERTS, Justice.
For the reasons set forth in Snider v. Thornburgh, 496 Pa. 159, 436 A.2d 593 (1981) (Roberts, J., Part II of Opinion in Support of Reversal), I would hold unconstitutional the mandatory financial disclosure requirements relating to spouses, and the sanctions imposed for non-compliance. Clearly, where an office seeker or holder is unable to comply with the spousal disclosure requirements because the spouse's financial interests are beyond his or her knowledge or control, disqualification from public office and imposition of criminal sanctions violate due process of law.
Opinion IN SUPPORT OF REVERSAL
FLAHERTY, Justice.
*fn1 The Auditor General was subsequently dropped as a party.
*fn2 Appellants have not specifically challenged the statutory disclosure requirement relating to the families of those persons required to file. The only argument advanced by appellants at any point in the instant case which concerns the financial disclosure requirements is that which asserts a violation of their rights of privacy. The decision by the members in support of reversal to create and then dispose of a due process argument contravenes our well settled principle that courts will restrict themselves to those issues properly presented and will not usurp the role of the litigants in the management of a lawsuit. Cf. Weigand v. Weigand, 461 Pa. 482, 337 A.2d 256 (1975). See also, Witt v. Commonwealth, Department of Banking, 493 Pa. 77, 425 A.2d 374, 376-377 (1981).
*fn3 Compare the information required with the materials which concerned the Court in Nixon v. Administrator of General Services, 433 U.S. 425, 97 S.Ct. 2777, 53 L.Ed.2d 867 (1977): "extremely private communications between [Nixon] and among others, his wife, his daughters, his physician, lawyer and clergyman, and his close friends, as well as his personal diary, dictabelts and his wife's personal files." 433 U.S. at 459, 97 S.Ct. at 2798. The privacy interests asserted over these materials did not prevail.
"(f) All statements of financial interest filed pursuant to the provisions of this act shall be made available for public inspection and copying during regular officer hours." 65 P.S. §§ 403, 404.
g. Section 4 is unclear as to how often office holders must file their financial disclosure statements.
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My wife and I have a great little boy. He is 13 months old, and is the light of our lives. We show him off every chance we get, and love every bit of him. Nothing can change the way he makes us feel. Even after spats between the two of us, all we have to do is look at our son's smile or watch him sleep, and we know that it will all be okay.
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