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The election is tomorrow, Tuesday, Nov. 6, and the heat is on.
The polls have been close and its hard to tell who's voting for who.
In these times of doubt and fear, fanatics and political leaders are taking their stance, and sharing their opinions with the public. Church leaders have also taken on the same role
One Sacramento pastor, Dr. Phillip Goudeaux, shared with his 20 thousand plus-member church that although Obama was his man in 2008, this time around, he won't be getting his vote. Shortly thereafter, he received death threats.
Check out this Fox 40 video report:
This Week's Celebrity Instagrams (11/26-12/2)
This Week's Celebrity Instagrams (11/26-12/2)
1. Little Legend and Puddy 😍😍😍😍Source:Instagram 1 of 30
2. "You on point Phife?" "all the time,Tip". 💥 #bannedfromnormalSource:Instagram 2 of 30
3. Vegan! The Impossible burger at CrossroadsSource:Instagram 3 of 30
4. Lawrence #BeforeandAfterEpisodes 1-4: 184lbs 13% body fatEpisode 8: 196lbs 8% body fat S/O @coachdaveboxing with the works outs and @kildareriordan with the nutritionSource:Instagram 4 of 30
5. Jus haaaanngin outSource:Instagram 5 of 30
6. Meanwhile back at home in Atlanta GA someone mad they not on the 🛳. 😳Source:Instagram 6 of 30
7. No limits... Photo cred: Chris Bridges @ludacrisSource:Instagram 7 of 30
8. new newSource:Instagram 8 of 30
9. Apparently my 260lbs is too much for the actual vines in the Hawaiian jungles to hold me without breaking and me falling hundreds of feet. So for safety purposes, I'm forced to swing thru #Jumanjj on wires strong enough to hold 12 adult buffaloes and 1 adult Rock. #OnSet #Jumanji #IronicallyIEatBuffaloDailyForLunch #MoreManThanNatureKnowsWhatToDoWithSource:Instagram 9 of 30
10. hey ma! 🎎#wcw 💙Source:Instagram 10 of 30
11. Surprise visit to our factories!!! #GoodAmerican #USASource:Instagram 11 of 30
12. 😍❤Source:Instagram 12 of 30
13. Peachy Keen 🔥✨⚡Source:Instagram 13 of 30
14. If this don't look thankful I don't know what does. Happy Thanksgiving to you and yours. #UltraBlessed #24kMagic #SweetPotatoFlySource:Instagram 14 of 30
15. Late nights @nbcmarlon with the writers... we in here!!!Source:Instagram 15 of 30
16. There goes my baaaaaaaaabbbbyyyyy #QueenKingMagic!!! We're up to something! Ira BIG!!! Stay out our buisness -Source:Instagram 16 of 30
17. You want to win every game you play but when you come home to these faces... who cares. #ILoveYouGirls best part of my day, everyday!Source:Instagram 17 of 30
18. Steady,steady..... full size jenga.. "I got this one "???? Or do I ?Source:Instagram 18 of 30
19. Cornrows kind of day 😉@dontaysavoy2 you convinced me and I love. ❤Source:Instagram 19 of 30
20. #BrotherlyLove #tbtSource:Instagram 20 of 30
21. MoreSource:Instagram 21 of 30
22. #basel #TeamLOVE @kingcombsSource:Instagram 22 of 30
23. Just introduced a special screening of @directher 's groundbreaking (must see) documentary @13thfilm with my brother @themichaelealy | @unitedblackout #blackoutblackfridaySource:Instagram 23 of 30
24. Me & Vanessa Williams giving #DuckLips #Pose on the set of #DaytimeDivas @vh1 - Coming Soon to a tv near you. Lol. - My make up done by @makeupsurgeonSource:Instagram 24 of 30
25. This picture just makes me wanna praise the Lord, you hear me!!!!!! Yes Lord brotha #TEDDYCAMPBELL What a #man !!! You are everything right on this picture husband ......... #gorgeous #stylish #classy #strong #masculine #king #sexy #debonair #gentlemenstyle And that #bible in your hand just seals the deal for me (probably cause i know that, that is what helped you become just as amazing as you look😘). While my heart and mind experiences the goodness of God at #church on Sundays, my eyes experiences the goodness of Teddy😍. Amen somebody🙌🏽. "Bless the Lord oh my soul and all that is within me bless his holy name" #myman #myhusband #goodman #blackman #dapperman #godlyman #goodfather #mybestfriendSource:Instagram 25 of 30
26. Yesterday was my mama's 53rd birthday!!!!! Got to celebrate with her all day. If this is what I have to look forward to I can't wait. Looking like a soft bucket a cocoa butter. Yaaaaaaaaaas! 😍😍😍 love you mommy!Source:Instagram 26 of 30
27. "Shout out to @PureAtlanta for getting the family right"....I'm loving this jogger. 😍😍Source:Instagram 27 of 30
28. This pic warms my heart ❤ #myLogiebeans and aunt aunt umba @itowandabraxton 😘Source:Instagram 28 of 30
29. You will always be my baby😜. #HappyBirthdayReginae #mybaby18Source:Instagram 29 of 30
30. GC "Gods Child" Red on Red SweatSuit available now at www.MonicaApparel.com ... Take Your Crown wherever you go!! I'm pictured in a Medium... Go to the site now for other options ... cc: @trukernellSource:Instagram 30 of 30
25 thoughts on "Black Pastor Tells Congregation No on Obama; Gets Death Threats"
as Billy explained I didnt know that a stay at home mom able to get paid $7613 in a few weeks on the computer. have you read this webpage Fox92.com
I don't support the death threats either but this pastor needs to understand that civil rights denied to anyone in this country should be unacceptable. President Obama understands that and also believes in traditional marriage but is intelligent enough to see that discrimination is discrimination no matter who's going through it! God will deal with all of us come judgement day but as president, Mr. Obama should never allow any American to be discriminated against for any reason! We can't say when it's okay to discriminate and when it's not! Discrimination can't be tolerated in a so-called "Free Society!"
This man is standing on conviction & previously voted for Barak. But now thatn Barak's stance flagrantly goes against the Bible he is stating his opinion (remember the constitution allows us to do that) you want to say he is not black and a snitch.
So now that he is obeying God rather than man (Obama) you want to call him a slave. That's silly mccarroll and poor logic
Because he voices his opinion and does not just follow along like a lemming and agree with Obama supporters he's a sell out? A man who can think for himself, vote his conscience and serve God is not a sell out but rather a principled and intelligent individual. The fact that those with an agenda would threaten his life for having a differing opinion is deplorable and not to be sidestepped in this story
It looks like BAW has been assaulted by Republicans not supporting our President.
That's my point exactly…………..
Barack Obama is the president not the pastor of the United States. His job is to represent the interests of all American citizens not just "Black Christians." Most people understand this. Too bad Dr. Phillip Goudeaux does not.
In my Bible, it's sin to lie about others, mislead others, and put mammon before love.
From Mitt Romney's bully pulpit, these are the only things I've heard.
If Dr. Phillip Goudeaux were my pastor, I'd be seeking a new shepherd.
Anybody supporting Romney has got 2 B a Fool! This is no man but rather a BOY without morals, Honesty & most of all Integrity! God Help this BOY!
This is not a black man but rather an OBEDIENT SLAVE that snitched on slaves that tried 2 escape! What an embarrassment 2 us all!
How can any woman vote 4 Romney? Hopefully, you're just admitting UR voting 4 him 2 shut UR husbands up & will vote 4 Prez Obama because he's 4 U! Republicans R putting U N UR places & R telling society 2 shut UR mouths & remain silent cuz UR voice means NOTHING!
they try 2 blame R Prez 4 breaking promises but if U listen 2 their crap U R more ignorant than the most illiterate people N R country! Republicans have done everything N their power 2 stop R Prez N not being able 2 fulfill his promises 2 us! Republicans have become so Un-American & anti-black that the Jim Crow era envies them! God help us ALL!
this is the kind of so-called Black man that holds us back. What an embarrassment! This clown is worse than Ron Christie, Clarence Thomas, Richard Steele & Allen West! What a sell-out!
AND, how are you going to let anybody tell you who to vote for, anyway! Is that what they call democracy?
Even the coons and the house slaves are entitled to vote for their choice. As for me and my house, it's OBAMA 2012 all the way!
People in my church including my wife are voting for Romney. Only because he approves of same sex marriage and he has refused to help Isreal. My point is, to those that believe this also, Obama is not God. He can't please everybody. Let God sort out same sex marriage. Move on with running the country. We don't know exactly what has been said between President Obama and Isreal's President, but if you all truly believe God answers prayers, then President Obama should have done what you all have prayed for. (Romney supporters)
Pastor Jamal Bryant said it best..President Barrack Obama is currently the defender of the Nation. And we as Christians are the Defender of our Faith. But because his views don't line up with mine directly on every issue, you think that would taint my vote? Never!! Any black person that can't see the storm coming needs to seriously check and rethink their history.
Africanwarrior – its funny that you would comment on what Clarkee had to say. When you know that most "Africans" have a certain prejudical view about Westerners as well. I totally agree with the words that he used. They are "mega jigga boo's and power whores" who have used the church to make money and state their personal opinion. He doesnt have to support President Obama, but he should have kept that to himself. How dare he have the right to use the church to influence 20,000 plus parishiners..he is not THE CHRIST. While, I don't agree with the death threat. I do agree that it's time for the masses to stand up to the black church and realize that churching is big business. And they should get back to the things of GOD!
Could his reason just possibly be that he may be in a new tax bracket. One that he might just benefit from if Romney is elected. My My how we forget. He may have 20K now and none tomorrow.
Pastors are not supposed to support one candidate or the other, they could lose their government "tax-free" status. Since he insists on combining church and state, he should request that his church pay taxes like any corporation. Furthermore, let him not forget the other verses in the Bible the dictate treatment of the widow, orphan, alien and poor….the rich should do more because they have more,…about being lukewarm and not firm. All of these things point to one candidate and should also be taken into consideration. God continue to bless us.
Isn't it strange that when news stories like this break out, Fox is the only network covering them? I'm sure either Bill O'Reilly or Sean Hannity will pick up on this story. Rush Limbaugh may add it to his menu.
We all have a right to vote for who we want to. I just hope he's not voting for a Mormon because of Christian values.
Is it necessary to use words like "mega jigga boo's" and "power whores/"
We African Americans must realize that other people have opinions that may conflict with yours and mine, we can respectfully disagree can't we?
How would you describe Black Men/Women choosing White women/Men in order to avoid producing dark skinned kids ? Aren't they also guilty of selling out our community ? How about Black Entertainers who called Black Women "Ho" and us freely the N word , demeaning our people for profit among these is Jay Z remember his " N…er In Paris " ? .
Your comments are inappropriate .
Iam an Nigerian ,Yorouba Naturalized America who support President Obama. I left Nigeria precisely because of un democratic political system .
America is a super great nation that values freedom of expression! Threatening someone with death is a serious crime .
Sometning about these mega jigga boo's. When they get a hugh church they forget that they are called to be ambassadors of liveration to the hurting masses. Too many of these white church wannabees, have bought into the gospel of wealth and money, and forgotten about the simple command of Jesus, "If you love me, feed my sheep." Thank God, MLK wasn't like these money hungry power whores.
The world continues to suffer from the wrath of the (self) righteous.


text:
- Product Details
Our Personalised Train Breakfast Set is complete with bone china plate, bowl and mug.
With it's cute patchwork train design it is sure to thrill any little boy, especially if trains are his favourite thing!
His name will be spelt out amongst the steam on all of the breakfast set pieces, up to a maximum of 12 characters.
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Each Item Measures:
- 8" Plate - 20.5cm in diameter x 1.5cm in depth
- Bowl - 16cm diameter x 4.5cm in depth
- Mug - 7cm in diameter x 8.5cm in height
- Customer Review
6 Customer Reviews
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- Delivery & Returns
We are aware of how important it is for you to receive your gifts in time. Therefore, once you place your order we will process straight away and dispatch as soon as they are ready to go. We usually dispatch all items within 1-3 days however, this may be a little longer during special occasions such as Christmas. If multiple items ordered, we may dispatch items separately or all together, depending on the process.
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subset: commoncrawl


text: Hi fellows. I was trying to follow swedishviking's guide to move my default applications installation directory but I keep getting the following error msg: Please Register or Log in to view images "inter-device move failed...unable to remove target. Operation not permitted". I did try a few more times. Note: I also ensured I'm in the real root, & not the /private/var/root. But even then, the mv command fails to execute. ls -la works, & cd .. works, so the session is active & my Touch is really connected via Putty(my SSH client). But the relocations commands just won't work. May I have u fellows' assistance to resolve this? Thanks in advance. P.S. I tried using BigBoss tools but it didn't work for me: I didn't get the "Apps Moved" button after trying clicking on the "Relocate Apps" buttons a few times; & the free space readings remains unchanged too.


text:
I'm Not Ready to Be a Princess
this wiki
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Everything seems crazy big
And I'm feeling unsteady
Mom says I'll be just fine
But I don't think I'm ready
New school, new friends, new family
And a ball where they want me to dance
I'm just a little girl from a small, small town
In this world I don't stand a chance
I'm not ready to be a princess
I don't have what it takes
I'm too short for gowns
I look bad in crowns
And I'm gonna make a bajillion mistakes
I'm too average to be a princess
I respectfully refuse
I don't know the rules
I don't want the jewels
And these feet were made for comfortable shoes
Shelves bursting with trinkets
That I'm afraid to touch
Fancy toys and ginormous pillows
It's all much too much
Too much
I'm not ready to be a princess
One look and that seems clear
Cancel my debut
Keep your royal crew
And if I ever find Mom's room
I'm outta here
Sofia, not a noble name
Sofia, even my wave is lame
I'm not ready
To be a princess...


text:
Spinach, Strawberry, and Hearts of Palm Salad (Paula Deen)
Total Time
Prep 10 mins
Cook 15 mins
From Paula Deen, Food Network. Not sure of size of can of hearts of palm
Ingredients Nutrition
- 1⁄3 cup cider vinegar
- 3⁄4 cup sugar
- 2 tablespoons fresh lemon juice
- 1 teaspoon salt
- 1 cup vegetable oil
- 1⁄2 small red onion, grated
- 1⁄2 teaspoon dry mustard
- 1⁄2 teaspoon paprika
- 1 1⁄2 lbs fresh spinach, washed and torn intp pieces
- 1 (4 ounce) can hearts of palm, drained and chopped
- 2 cups strawberries, stemmed and sliced
- 1 cup chopped walnuts
- For the dressing, combine the vinegar, sugar, lemon juice, and salt in a small non-reactive saucepan and heat over medium heat until the sugar dissolves, stirring frequently. Remove pan from heat and let cool to room temperature. When cooled, whisk in the oil, onion, poppy seeds, dry mustard and paprika until thoroughly combined. Set dressing aside.
- In a salad bowl, combine the spinach, hearts of palm, strawberries, and walnts. When ready to serve, add some of the dressing, and toss gently. Serve the remaining dressing alongside the salad so diners may add more, if desired.
Most Helpful
Great Salad. Both Men and Women love this salad and request it everytime I am supposed to bring the salad.
I was going to post this today and checked first and found you had done it already. This a wonderful recipe and a family favorite !!!Pollyw


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Prices, promotions, styles and availability may vary by store and online.
Action - Semi-Auto
Gauge - 12 Ga.
Chamber - 2-3/4" & 3"
Barrel Length - 26"
Weight - 6.8 Lbs.
The M2 is the workhorse of the Benelli semi-auto line. Light, nimble, but ruggedly built, the Benelli M2 is built around the ultra-reliable Inertia-Driven bolt mechanism. The Inertia-Driven system allows the M2 to digest nearly any 12-gauge cartridge, from 2-3/4" target loads to the heaviest 3" magnums. This shotgun features a ventilated rib, a red fiber-optic front sight, a cross-bolt safety, and an improved cylinder choke tube and comes with the original factory hard case. Its stock, metal, and bore are all in very good condition.


text: Is it worth hacking my PSP? If it is can someone give good reasons. If so, please refer a good hack site. Much appreciated Please Register or Log in to view images PS- Just saw that u can put ROMs on the PSP, if someone knows how or has done it please PM me!


text:
RAID Data Recovery
Definition - What does RAID Data Recovery mean?
RAID data recovery is the process of recovering and restoring data from a RAID storage architecture or infrastructure.
It uses a combination of automated and manual data recovery processes to extract and restore data from one or more RAID drives and storage components. RAID data recovery can be implemented on both hardware- and software-based RAID.
Techopedia explains RAID Data Recovery
RAID data recovery is different from standard data recovery processes as the RAID storage architecture uses a unique and complex method of storing and extracting data. RAID data recovery can be for any of the RAID levels including RAID 0, 2, 3, 4, 5, 6, 7 and 10. Recovery is usually required due to technical errors such as:
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- Data overwritten
- Application/software corruption
- Reformatting
RAID recovery generally requires reconstruction of all RAID storage arrays to original or last known good settings and configuration. The individual/software must know the RAID configuration at the hardware, software and firmware level to successfully retrieve data. Identifying the correct RAID array is an essential part of the RAID recovery process.
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You, you, you, you are welcome, th, tha, thank you, too
You, you, you, you are welcome, th, tha, thank you, too
Lovely interview with Louise Brealey by RedCarpetNewsTV (who very patiently waited until we and others were done interviewing her!). Louise is just so adorbs.
I was laughing hard at this. In the second gif, it looks like he's smelling the finger after he scratched there.
Ben was interviewed by Red Carpet News TV at the What's On Stage nominations launch party (3/12/2015).
Link to the video: http://youtu.be/dGwVsOm4diY
You can vote for Ben in the WOS Awards by copying this link in your browser: http://awards.whatsonstage.com/voting/
#benforster #redcarpetnewstv #wosawards #nomination #elfmusicaluk #elfmusical #video #interview
Floynter interview at the Children BAFTA's. Enjoy!!!
@RedCarpetNewsTV We swear @DiannaAgron was wearing a very pretty dress tonight but all our #BAFTAs photos seem to insist she was naked
Have a delightful Darling Bromance Day 28!
*credit to Celebitchy.com, Telegraph.co.uk, Standard.co.uk, Pinterest.com, and Redcarpetnewstv.com for pictures*
littlejenner, d-m-jonas, legion567, virtualgirlfriendsan, dearmisterhiddles, loki-in-winterfell, lokis-hiddleston, atthebottomofeverythingisloki, antyc67, angreav, littletime67, lividmilkshake, thekatfuzz, purplewoodcat, red-roses-forever, omg-i-cant-odd, puddin726, sarah0687, megsesvids, iamtopdrawer, nwadadnama, bellezebub, unhealthilyobssesed, @hellothereyoubeautifulcreature, so-easy-to-love-me, dragonslikesmaug, chynna-is-not-here, lokislittleelf, beecreature, start-the-madness, curator-at-large, tarrysmith, xdelayedgratification, jossisgod, damageditem, hibiscus1979, lokiloveravengerobsesser, lorrmorr, jenchan2, mariposaboricua01, loki-tomhazeldine94, coalea, pedeka, ginabaker1666, lisalisa007, real-jersey-girl, belowsights, ellie-anders12, lokihiddles2981, tomtothehiddleston, missscarlett1802, elegantmess100, hump-the-moist-cavewall, secret-night-of-hell, 50-shades-of-laufeyson, @clubbing-seals, sexyboysandnerdythings, obscurereferencewoman, avalonsangel, larouau12, tomforachange, fancy-bonanza2000, bitemehardtom, awolfbeneath, eeveebell, hiddleshoneybunny, alwaysfantasticlylaters, vampirewithbedsidemanners, rottenlittleboys, clojury, chocolatespaghettihoops, mollylovecharpentier, museofcherry, lokiofasgaard, yourkidney4lunch, barricadechap, littlewomanly1, twhiddlestonismyjam, wolfsmom1, dorito82, jadevallis, gutterfortunecookie, enchantedbyhiddles, ancientfinnishgoddess, i-have-a-serious-problem
Want to be added to the taglist? Drop me an ask or fanmail!
"@RedCarpetNewsTV: Funny how @ #BAFTAs the brightest stars still always seem to manage to stand out from the crowd… #TomHiddleston http://t.co/oNKh2lwzFI"
@RedCarpetNewsTV Don't be fooled by this lovely photo…we assure you Glee star @DiannaAgron was not really naked @ #BAFTAs red carpet


text:
Used Englehardt Process Equipment
Aaron Equipment has a large inventory of process equipment built by Englehardt. Aaron's inventory of Feeders. If you are looking to buy machinery from Englehardt submit a request for quote online and if you are looking to sell your used Englehardt equipment submit a request online or contact Michael Cohen at 630-238-7480.


text:
President Blair on "Piper's Pit"
Here is a classic edition of "Piper's Pit" as host "Rowdy" Roddy Piper is joined by special guests Tony Garea and current CAC president Brian Blair from March 10, 1984. Enjoy!Read more
CAC Leadership Appears in Charlotte this Weekend
CAC President Brian Blair and CAC Executive Vice President Morgan Dollar are on hand this weekend in Charlotte, NC for the NWA Legends Fan Fest. Here are some more details! Tickets for this summer's Fanfest Weekend and Hall of Heroes dinner and awards ceremony are now on sale. Charlotte's Hilton University Place hotel will again […]Read more
President Blair to be Honored this Weekend
By Paul Guzzo | Tribune Staff: The outcomes of professional wrestling matches may be pre-determined but the physical toll they take is real. Body slams and chair shots to the head are painful and lasting. Just ask Brian Blair, a marquee attraction for World Wrestling Entertainment before he turned to local politics and business. Blair […]Read more
President Brian Blair named to Professional Wrestling Hall of Fame
By Andy Warrener, Times Correspondent: Tampa native Brian Blair will receive a pair of honors July 10 and 11 in Waterloo, Ind. Blair was unanimously voted into the George Tragos/Lou Thesz Professional Wrestling Hall of Fame and will be receiving the Lou Thesz Award. "To be unanimously picked by the board to receive the Lou […]Read more
CAC Radio – Episode 38: Beth Phoenix
On this edition of CAC Radio, hosts David and Morgan are joined by two special guests! First, CAC president Brian Blair joins the show to chat about the upcoming 50th reunion celebration. Then David and Morgan talk with "The Glamazon" Beth Phoenix about her stellar wrestling career, a career which is being recognized with a […]Read more
Nick Bockwinkel steps down as CAC president
Effective immediately President Nick Bockwinkel has stepped down as CAC president. Simply put Nick feels its time for new leadership and he feels waiting until next April will just delay the great ideas that he and President Elect Brian Blair have discussed over the past few months. It is obvious to Nick that Blair is […]Read more
President Elect Brian Blair and EVP Elect Morgan Dollar this week in Charlotte, NC
Here's a nice photo of President Elect Brian Blair and EVP Elect Morgan Dollar spending time this week in Charlotte, NC. They official begin serving in these capacities this coming April after the grand 50th anniversary celebration. With President Bockwinkel and EVP Karl Lauer, the club is in great hands, and with Brian and Morgan […]Read more
Brian Blair named the next CAC President
It was announced at the 49th annual Cauliflower Alley Club reunion this past week that Brian Blair will become the new President of the club when current President Nick Bockwinkel retires in 2015. Mr. Bockwinkel will remain as president until April 2015, the club's 50th anniversary, at which time Mr. Blair will be instated into […]Read more


text:
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Overview of Position: We are seeking an experienced Process Development Engineer to be responsible for creating new processes and designing and documenting mechanical test equipment/tools/fixtures to support capacity, quality and safety of manufacturing processes for our10/22/2016 Lexington, MN Save This Job
Job Description Sr. Development Engineer - (02495) Description Location: Tewksbury, MA Summary: Under general supervision, conducts research and development leading to new or improved products to maintain the company?s competitive position and profitability. We are looking12/7/2016 Tewksbury, MA Save This Job
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Research, design and develop advanced clock tree synthesis technologies, including clock tree synthesis engine design, and optimization of design performance for advanced node processing. Research and design algorithms for timing optimization, including gate level power10/17/2016 Santa Clara, CA Save This Job
Research, design and develop computer-aided very large scales integrated circuit (VLSI) physical design and verification tools for application specific integrated circuits (ASIC) and system on chip (SoC) design for advanced nodes (nanometers) processing, including the design and10/17/2016 Santa Clara, CA Save This Job
Research, design and develop the detail router component of P&R (Place and Route) EDA (Electronic Design Automation) tools, including the DFM (Design for Manufacturability) and QoR (Quality of Result) at the latest (such as 20nm node) semiconductor processing. Implement10/17/2016 Santa Clara, CA Save This Job
www.bodylabs.com 37 East 18th St., 8th Floor, New York, NY 10003 email@example.com DESCRIPTION At Body Labs, we are building a software platform that can understand bodies, how they move, and how people?s body shape vary across the population, and across their life. Up until10/23/2016 New York, NY Save This Job
What you?ll do: Improve Second Life - the most successful Virtual World ever and a massive distributed system with thousands of servers and tens of thousands of concurrent users Work with graphics, sound, animation, physics engines, networking, real-time applications, massive12/2/2016 San Francisco, CA Save This Job
As a Frontend Software Engineer at E-Poll Market Research, you'll work as a member of our technology team to develop, test, and maintain our suite of web applications. You'll have the opportunity to work closely with senior backend and frontend software engineers and participate10/9/2016 LA Save This Job
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December 4, 1987
516 N.E.2d 1001, 163 Ill. App. 3d 308, 114 Ill. Dec. 846 1987.IL.1794
Appeal from the Circuit Court of Montgomery County; the Hon. David W. Slater, Judge, presiding.
APPELLATE Judges:
PRESIDING JUSTICE KARNS delivered the opinion of the court. HARRISON and LEWIS, JJ., concur.
The trial court granted defendant's motion for summary judgment on the modification of maintenance count, ruling that as a matter of law the judgment of dissolution precluded modification. After considering the evidence, the trial court also denied the three remaining counts of plaintiff's petition. Plaintiff appeals.
Alfred Paul Rosche, Jr., and Gayle Elizabeth Rosche were married on March 21, 1959. The marriage produced two children, Alfred Paul Rosche III, born on March 25, 1962, and Charles David Rosche, born on February
On January 10, 1986, Mr. Rosche filed a three-count petition requesting termination or modification of spousal maintenance payments and to set child support and educational payments for their handicapped child. Count I of his petition requested termination of maintenance payments pursuant to section 510(b) of the IMDMA, alleging that Mrs. Rosche was cohabiting with a man on a resident, continuing conjugal basis. Section 510(b) provides:
"Unless otherwise agreed by the parties in a written separation agreement set forth in the judgment or otherwise approved by the court, the obligation to pay future maintenance is terminated upon the death of either party, or the remarriage of the party receiving maintenance or if the party receiving maintenance cohabits with another person on a resident, continuing conjugal basis." Ill. Rev. Stat. 1985, ch. 40, par. 510(b).
"Except as otherwise provided in paragraph (f) of section 502, the provisions of any judgment respecting maintenance or support may be modified . . . only upon a showing of a substantial change in circumstances." (Ill. Rev. Stat. 1985, ch. 40, par. 510(a).)
Section 502(f), dealing with separation agreements, provides:
"Except for terms concerning the support, custody or visitation of children, the judgment may expressly preclude or limit modification of terms set forth in the judgment if the agreement so provides." (Ill. Rev. Stat. 1985, ch. 40, par. 502(f).)
In this case, both the separation agreement, which was incorporated into the judgment, as well as the judgment itself, expressly precluded modification of maintenance. Paragraph 9 of the separation agreement stated:
"Husband and wife agree pursuant to section 502(f) of the Illinois Marriage and Dissolution of Marriage Act that any judgment of dissolution of marriage which may be entered shall preclude modification of the terms of this agreement other than for the education of the children . . .."
The judgment of dissolution also provided for nonmodification of maintenance, stating that:
"This judgment shall not be modified nor shall the separation and property settlement agreement of the parties except by consent of the parties in writing or except by a further order of this court if required for future educational needs of the children after reaching majority, or except by operation of law."
Mrs. Rosche moved for summary judgment on counts I and II of the petition, arguing that the judgment of dissolution, which incorporated the separation agreement, precluded termination or modification under either section 510(a) or section 510(b). She argued that the language providing "unless otherwise agreed by the parties in a written separation agreement" in section 510(b) and "[except] as otherwise provided in paragraph (f) of section 502" of section 510(a) allowed the parties to preclude termination or modification of maintenance in a separation agreement and that the separation agreement in this case did so.
The trial court granted Mrs. Rosche's motion for summary judgment as to count II (modification of maintenance based on a substantial change in circumstances), ruling that the parties' stipulation in the separation agreement that the maintenance provision should not be modified precluded any modification based on a section 510(a) substantial change of circumstances argument. The trial court denied Mrs. Rosche's motion for summary judgment as to count I (termination of maintenance because of cohabitation), however. The trial court reasoned that section 510(b) provided three things that would terminate maintenance unless expressly otherwise agreed upon by the parties: (1) death of either party, (2) remarriage of the party receiving maintenance, or (3) cohabitation by the party receiving maintenance on a resident, continuing conjugal basis. Here, the parties agreed in paragraph 5 of the separation agreement that maintenance would terminate upon remarriage. Paragraph 5 did not say, however, that maintenance would terminate only upon remarriage. Thus, the trial court reasoned, maintenance could still terminate upon a showing of the death of either party or cohabitation by Mrs. Rosche on a resident, continuing conjugal basis as a "matter of law" as provided in the judgment.
Mr. Rosche introduced evidence that Mrs. Rosche and her friend had taken numerous trips together, dated on a regular basis, and that his car was seen overnight at Mrs. Rosche's apartment. The trial court concluded that such evidence implied a dating relationship and not a de facto marriage and found that there was no resident, continuing conjugal relationship. Based on this finding the trial court denied count I of Mr. Rosche's petition.
Count III of Mr. Rosche's petition requested the court to determine a level of child support to be paid by Mrs. Rosche for their disabled adult child, Charles, and to order Mrs. Rosche to pay all of Charles' educational and tutorial expenses. The trial court found that the evidence was conflicting as to the ability of Charles Rosche to support himself; that Charles' grandfather, Alfred Paul Rosche, Sr., not his father, was the one who had been supporting Charles; and that Mr. Rosche had not shown that Charles Rosche was unemployable and incapable of supporting himself. Based on these findings, the trial court denied count III of plaintiff's petition.
On May 16, 1986, Mr. Rosche filed a second amended petition adding count IV, which requested the court to order Mrs. Rosche to reimburse Mr.
Mr. Rosche's first argument on appeal is that the trial court erred in ruling as a matter of law that the provision of the settlement agreement pertaining to periodic maintenance was non-modifiable because the judgment of dissolution provides that the judgment may be modified "by operation of law." Section E of the judgment of dissolution states:
"E. This judgment shall not be modified nor shall the separation and property settlement agreement of the parties except by the consent of the parties in writing or except by a further order of this court if required for future educational needs of the children after reaching majority, or except by operation of law." (Emphasis added.)
Mr. Rosche argues that the phrase "by operation of law" was an express reservation by the court of the power to modify the judgment pursuant to section 510(a) of the IMDMA and that the court therefore erred in granting summary judgment.
We do not believe that the phrase "by operation of law" referred to section 510(a) of the IMDMA, but only section 510(b), which was the Conclusion of the trial court. At the time the judgment of dissolution was entered, section 510(b) did not contain the "[unless] otherwise agreed by the parties" introductory clause, but simply stated that the court shall terminate maintenance in the event of death, remarriage, or residing on a conjugal basis. On its face, the statute appeared to operate automatically upon one of the three listed events and did not appear to permit the parties to agree otherwise. We believe this is what the phrase "by operation of law" referred to.
In 1982, section 510(b) was amended to include the introductory clause, "unless otherwise agreed by the parties in a written separation agreement set forth in the judgment or otherwise approved by the court," which is similar to the introductory language of section 316(b) of the Uniform Dissolution of Marriage Act. Several courts had interpreted the original omission of the introductory clause to mean that prior to 1982, the terminating events of section 510(b) were mandatory regardless of any agreement to the contrary, which leads us to conclude that the 1979 decree at issue used the phrase "by operation of law" to refer to the events in section 510(b).
Our supreme court later rejected the idea that the events listed in section 510(b) were mandatory before the 1982 amendment in the case of In re Marriage of Kozloff (1984), 101 Ill. 2d 526, 463 N.E.2d 719. In Kozloff, the court held that an agreement precluding modification except for the death of the wife could not be modified because of her remarriage, even though it was entered into before the 1982 amendment of section 510(b), reasoning that the 1982 amendment was not a change in the law, but merely a clarification as it previously existed. Kozloff, 101 Ill. 2d at 532-34, 463 N.E.2d at 722-23.
Mr. Rosche argues that the phrase "by operation of law" in the judgment of dissolution supersedes the preclusion of modification of maintenance contained in the written separation agreement under the doctrine of merger. Contrary to Mr. Rosche's contention, we do not find the judgment and separation agreement contradictory and we reject this argument, the effect of which would be to render the non-modification provision of the agreement meaningless.
Mr. Rosche's second argument is that the trial court's finding that Mrs. Rosche was not cohabiting on a resident, continuing conjugal basis was against the manifest weight of the evidence. The trial court found, inter alia, that Mrs. Rosche and her friend dated other people as well as each other, that they took trips separately as well as together, that they maintained separate residences, and that they did not commingle assets.
Mr. Rosche cites several cases in which the court found that the parties in question were cohabiting on a resident, continuing conjugal basis, but in each case there was evidence showing that the parties resided together for some period of time in a manner indicative of a de facto husband and wife relationship. While no Illinois cases have stated this explicitly, our courts have generally looked to those facts which would lead a reasonable observer to believe they were husband and wife. (See In re Marriage of Sappington (1985), 106 Ill. 2d 456, 456 N.E.2d 376; In re Marriage of Reeder (1986), 145 Ill. App. 3d 1013, 495 N.E.2d 1383; In re Marriage of Stanley (1985), 133 Ill. App. 3d 963, 479 N.E.2d 1152.) The trial court's finding in this case that the relationship implied more of a dating relationship and not a de facto marriage is not against the manifest weight of the evidence and we find no error in the court's holding that Mr. Rosche failed to prove cohabitation.
Mr. Rosche also argues that the trial court erred in ruling that Mrs. Rosche was not obligated to pay post-majority child support. Based on the conflicting evidence as to Charles' ability to support himself, the trial court found that Charles was not disabled such that he was unemployable and incapable of supporting himself.
To support his contention that Charles is incapable of supporting himself, Mr. Rosche relies primarily on two facts. First, according to the testimony of Dr. Roger McFarlin, Charles' physician, Charles was permanently disabled and unemployable, and second, the fact that Charles flunked out of college as a result of his disability. In his own testimony, however, Charles contradicted Dr. McFarlin on several points, including testimony that he worked out on weight machines and swam laps at the local YMCA on a daily basis, things Dr. McFarlin said Charles could not do. Charles also stated that he had not tried to find work, instead spending his time "goofing around with his friends." He testified he would not have flunked out of college had he applied himself.
The evidence also indicates that at the time of the hearing, Charles was not living with either parent, but in an apartment in Springfield with two roommates where he did his own laundry and cleaning and managed his own financial affairs.
Based on the conflicting nature of the evidence, the trial court's finding that Mr. Rosche had failed to prove that Charles was unemployable and incapable of supporting himself was not against the manifest weight of the evidence and the court did not err in denying Mr. Rosche's request for post-majority child support for Charles Rosche, a request not joined in by Charles.
Finally, Mr. Rosche argues that the trial court erred in denying Mr. Rosche's petition for reimbursement of college expenses of the adult children. Mr. Rosche maintains that he incurred $4,000 in expenses while Charles was at Southern Illinois University and $60,000 in expenses while Alfred Paul III attended school in California. Mr. Rosche also maintains that Mrs. Rosche contributed nothing to the education of either child. The trial court denied Mr. Rosche's petition based on lack of evidence as to the factors set out in section 513 of the IMDMA and because the petition was untimely filed.
Section 513 of the IMDMA authorizes the court to provide for the educational needs of minor or adult children in the judgment of dissolution. In making such an award, the court "shall consider all relevant factors which shall appear reasonable and necessary, including:
(a) The financial resources of both parents.
(b) The standard of living the child would have enjoyed had the marriage not been dissolved.
(c) The financial resources of the child." Ill. Rev. Stat. 1985, ch. 40, pars. 513(a), (b), (c).
No evidence was introduced regarding the financial resources of the parents at the time the children were in college, the standard of living either child would have enjoyed had the marriage not been dissolved, or the children's financial resources other than Charles' current income and expenses. The evidence that was introduced indicates that most of Alfred Paul III's educational expenses were paid by his grandfather and that Mrs. Rosche did contribute $9,067.75 to Charles' education while he was at Brehm Academy. Given this evidence and the lack of evidence as to the section 513 factors, we conclude that the trial court did not err in ruling that Mr. Rosche failed to sustain his burden of proof under section 513 of the IMDMA.
The court also denied this part of Mr. Rosche's petition as being untimely. Mr. Rosche had petitioned the court in 1979 to modify the judgment of dissolution to provide for the children's college expenses. At that time the court denied his request but continued the matter until such time as Mr. Rosche introduced evidence as to expenses actually incurred in providing the children with an education. The present petition was filed in 1986, well after both children were out of school. Given the length of time that has elapsed between the court's initial order and the filing of the present petition, we believe the trial court was correct in ruling Mr. Rosche's request to be untimely.
For the aforementioned reasons, the judgment of the circuit court of Montgomery County is affirmed.
Judgment affirmed.
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If you ever read my comments on Paris you will know that I'm a fan, even more an addict, of Le Louvre and also that I propose the entrance of the Porte des Lyons as the one without lines
"Avoiding the queues" .
On Thursday 29/03/2012 I wanted to visit again Le Louvre and went to the Porte des Lions to find it closed with a notice: "Exceptionnellement fermé ce jeudi 29/03"! I swore "Verdomme" in Flemish so that no Frenchman would understand and went to queue at the Pyramid entrance as I had not pre-booked a ticket.
Fortunately as it was still early (09.30 h) the queue was small. Inside I avoided the ticket corners with lines and went to a ticket machine. At the first the software didn't like me and blocked although I used the French instructions. I tried a second machine in English and that worked (the advantages of the Lingua Franca).
After that I entered wing Richelieu and found a hidden elevator that took me to my believed Flemish and Dutch painters on the second floor. I looked for the two Vermeer's "La Dentellière" and "l' Astronome" and couldn't find them. I asked a museum attendant who told me that the rooms with the Vermeer's are closed on Thursday! I swore a silent "Verdomme" and said "Merci … je n'ai pas de chance!"
It was time to eat something and I went down to the floor -1 Entresol where there are some cafeterias. But the Entresol was occupied by striking personnel from the cleaning teams; members of the left-left syndicate CGT were making a hell of a noise with whistles and trumpets with compressed air as used at football matches (see my video). Impossible to stay in that hall and to sit there to eat. For the third time I swore "verdomme" and took again the elevator to find a hidden corner (visitors are not allowed to eat or drink in the museum rooms) to eat the survival waffle (from Brussels' of course) I have always with me.
With distance I think that things could have been worse. Actually I was very lucky that the museum was not closed, that I was not robbed by a pickpocket, that there was no strike on the Metro or RER, no strike on the French Rail and Thalys and not even a strike or incident on the Belgian Rail (what is frequent).
This could be read to-day in the French newspaper "Le Figaro":
"Le musée n'a pas pu ouvrir ce mercredi. Les agents de la surveillance ont exercé leur droit de retrait pour manifester leur exaspération devant les bandes qui s'attaquent à eux autant qu'aux touristes. Les visites reprendront jeudi matin.
Agés de moins de 26 ans, ceux-ci s'introduisent dans les murs en profitant de la gratuité. Ils dévalisent sans faire les visiteurs (dix millions cette année) et molestent ou agressent les agents de surveillance."
The museum was unable to open Wednesday (10/04/2013)
Surveillance officers have exercised their right of withdrawal to express their frustration with bands of youngsters who attack them as much as tourists.
Aged less than 26 years, they enter the museum taking advantage of the free entry. They rob visitors (ten million this year) and molest or assault surveillance officers.
Visits resume Thursday morning (11/04/2013). There are now policemen in uniform present.
The paradox with this free entry for youngsters is that organized gangs of minors are robbing visitors, often seniors unable to defend themselves; seniors who have to pay the full ticket price!
When the police catch these youngsters they are immediately released by justice because they are minors. A few days later these pickpockets are again at work not only at Le Louvre or Orsay but even more at the Trocadero, at the Tour Eiffel and in the Metro.
Some French politicians are well aware that this criminality is a treat for tourism but zero tolerance is not a priority presently in France.
If you are visiting the Louvre soley to feast your eyes upon the Mona Lisa you may be sorely disapointed. Your view will be severly tainted by many people such as yourself wanting to catch their own glimpse.
Unique Suggestions Perhaps, early in the morning you may be able to avoid some people. You really have to see this amazing work of art but just dont be disapointed that your view is obstructed and you may be nudged a little in the process.
Fun Alternatives Make sure that apart from the lovely Lisa you also take in some of the other richness that is the Louvre. Pick what interests you the most and prepare to be completely absorbed!
The Louvre is probably the world's most famous museum and one of Paris's most visited tourits attractions, yet I have never really enjoyed my visits here. I think you'd need a few days to fully explore each wing, and I have never had the patience or love or art to do so. I found it repetitive, vast, and not half as interesting as expected.
Many people just visit to see La Joconde (Mona Lisa) which is as much a let down as anything else here (it also takes forever to find it).
Unique Suggestions Go on Sundays when it is free or on afternoons after 3pm when it's either free or half-price (can't remember which).
Fun Alternatives I much preferred Musee D'Orsay (see my must-see activities). Some of the smaller museums such as the Dali, or Picasso, are a better option.
Buy a ticket in advance - also, enter by the metro entrance to avoid the queues at the pyramid entrance.
Unique Suggestions Most people rush to see the Mona Lisa and the Venus De Milo - don't miss Napoleons' Apartments - they are spectacular.
Fun Alternatives Avoid weekends or the free day (1st Sunday in month) as these are very busy.
Of course, you've gotta do the Louvre. It's a world's best destination. But there are the lines of people waiting in the courtyard to enter through the Pyramid. Intimidating, to say the least.
Unique Suggestions But the Louvre can be enjoyed with remarkable ease and comfort. First off, arrive early and watch the people queueing from your seat in Cafe Marly. Enjoy your espresso and croissant while you marvel at the international breadth of the queue's population. Take your time. Give up your spectator perch only when you are ready to enter the Louvre, and then walk across the courtyard (waving at the queued folks) and aim for the Arch du Carroussel. At the base of the Arch is a staircase that leads to the mall under the Louvre's courtyard and provides direct access to the Louvre.
Fun Alternatives The Louvre is huge, and seeing it is sensory overload in the extreme. Musee d'Orsay is far more managable, and the works of the Impressionists (1875-1910) is more representative of the romance of Paris. Actually, there's no crime in avoiding museums altogether. I've happily left friends to these two museums while I hang out in the Tuilieries Garden watching kids and their sailboats, killer lawnbowling, reading and people-watching. I don't seem to have suffered for it.
Everyone who visits the Louvre generally wants to get a good look at the Mona Lisa by DaVinci - especially now with all the publicity of the book and the motion picture "Mona Lisa's Smile" and the "Da Vinci Code." When you go see it, there will be a HUGE crowd infront of it and you won't even be able to get very close because there's lots of glass over top of it and ropping around.
Unique Suggestions Not to say at all that its not worth going to; but just make sure to set aside 15-20 minutes just for that painting because it might be a while before you make your way to the front of a crowd where you're actually close enough to even see it. Also, if you take a picture, it probably won't turn out. I think the glass over the painting is there to make flashes, so people can't reproduce it in any way, I'm not sure. If you want a picture of it, take it from a side angle so you won't get the flash. That what we did - but you can see it still turned out incredibly blurry.
Fun Alternatives If you don't have the time or patience to see the Mona Lisa, the Louvre - not to mention Paris itself, is full of many other interesting artifacts.
To all of you who consider going to the Louvre to admire the Mona Lisa painting by Leonardo Da Vinci and have high expectations : make sure to bring your binoculars ! :-)
Not only is room 13 of the first floor packed with people who had the same idea, the painting is really much smaller than one might think and on top of that it is covered with some kind of plexiglass.
Fun Alternatives Try the second floor, you'll find paintings that are more cheerful and larger ! ;-)
Although there was big signs in all languages saying no photos,everyone was busy taking hundreeds of pictures of the woman and complately ignoring the other works of art.
Unique Suggestions If you go to Louvre at least see the other works of art too.
The Louvre is one of the most visited Museum in Europe. The majority of visitors gets in by the pyramide entrance. Because of security you often have to wait a long time. They control every one one by one. Sometime, it can take hours to get into the museum. Notice that it's only a security problem. When you are inside, there are many tickets distributors and you don't have to wait to get a ticket.
Unique Suggestions Take an umbrella in case of rain, and in summer take water.
Fun Alternatives To avoid the pyramide entrance queue, there are 2 solutions, one is the entrance near the Carrousel on the left of it when you have the pyramide in your back. The other is to get in passing by the metro. You must go on the line #1 platform and walk to one of the end of it where the indication is not Musée du Louvre but CARROUSEL DU LOUVRE. Then you will arrive in the commercial mail that leads to the museum.
The true identity of Leonardo da Vinci's Mona Lisa has puzzled experts for years.
But a German now believes she was Countess Caterina Sforza from Italy. The countess is said to have been married three times, had 11 children and countless lovers.
According to Bild, Leverkusen-based Magdalena Soest says she was one of the best known courtesans of the Renaissance.
Ms Soest claims to have unearthed a second comtemporary picture by Italian artist Lorenzo di Credi to prove it.
She was 25 at the time and not as famous as when da Vinci apparently portrayed her in 1503 at the age of 40.
Well, avoid at all costs during the opening hours - at least if you're not that interested in the art. The building itself is gorgeous and at its best in the darker hours of the day. If there's one thing the French know how to do, it's illuminating their buildings and Louvre is no exception. In the evening the court yard etc has no tourists around even though it looks magnificent. So if you absolutely have to experience Louvre, I recommend this. The entire Louvre area is just plain gorgeous after dark, but all the tourists are at the Eiffel tower etc by then...


text: Having lived in the area for 30+ years I had never been to the Corn Dolly. I was pleasantly surprised to discover they serve soya milk with the hot drinks, its on the board, you dont have to enquire, such a treat! It was also very nice normal soya milk, not over sweetened. The coffee was very nice, my friend... More


text:
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Natural wood veneering can be used to create beautiful focal features within a living room or to achieve an impressive overall look that can be either contemporary or classic.
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Natural wood veneers are the environmentally responsible way to create beautiful finishes. One particular area that lends itself to wood veneering is the bathroom.
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Spectacular effects can be achieved with real wood veneers and there's nothing more spectacular than a veneered kitchen.
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The Environmental Benefits of Wood Veneers
Some people believe that wood veneers are a negative thing, and solid wood is preferable. However, veneers produce a very eye-catching finish and are used vastly within luxury interiors.


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filed: March 8, 1988.
JOSEPH FERKO AND ANN FERKO, HIS WIFE, APPELLEES,v.MICHAEL A. SPISAK AND PATRICIA SPISAK, HIS WIFE, THE BOROUGH OF NORTH EAST, ROCCO J. TONASINO AND DINAH JO TONASINO, HIS WIFE, DANIEL R. MORSE AND ELINOR MORSE, HIS WIFE, AND ROBERT B. HASLETT, EXECUTOR OF THE ESTATE OF LOCHNER TENNEY, APPELLANTS. APPEAL OF MICHAEL A. SPISAK AND PATRICIA SPISAK, HIS WIFE. JOSEPH FERKO AND ANN FERKO, HIS WIFE, APPELLANTS, V. MICHAEL A. SPISAK AND PATRICIA SPISAK, HIS WIFE, THE BOROUGH OF NORTH EAST, ROCCO J. TONASINO AND DINAH JO TONASINO, HIS WIFE, DANIEL R. MORSE AND ELINOR MORSE, HIS WIFE, AND ROBERT B. HASLETT, EXECUTOR OF THE ESTATE OF LOCHNER TENNEY, APPELLEES
Appeal from the Judgment entered February 13, 1987 in the Court of Common Pleas of Erie County, Civil Division, at No. 2431-A-1984.
Cathy M. Lojuewski, North East, for Spisak, appellants in No. 353 and appellees in No. 354.
Eugene J. Brew, Jr., Erie, for Ferko, appellants in No. 354 and appellees in No. 353.
Rowley, Del Sole and Montgomery, JJ. Rowley, J., concurs in the result.
[ 373 Pa. Super. Page 304]
Today we consider two consolidated appeals from the trial court Order which purportedly determined the parties' property rights to portions of certain paper streets as provided for in a subdivision plot plan. The facts are as follows. By conveyance dated June 17, 1946, the Ferkos acquired title to
[ 373 Pa. Super. Page 305]
a parcel of land located in a plotted subdivision referred to as the Orchard Park Addition in North East, Pennsylvania. The subdivision was mapped out in 1916. The Ferkos' deed was filed on June 18, 1946.
The parties agree that the Ferkos' deed was described by metes and bounds, not by lot numbers as contained in the subdivision's map. However, the deed made the following reference with the respect to the subdivision's paper streets:
[E]xcepting the public street[] known as Franklin . . . Street[]: also excepting the rights of any and all other parties in and to the plotted streets in the Orchard Park Addition to North East Borough.
Davis Street was a "plotted street" as referred to in the Ferkos' deed.
The Spisaks purchased their parcel of land by deed on February 20, 1981 and recorded it on March 6, 1981. The Spisaks' land, like the Ferkos' was originally contained in the Orchard Park Addition Plan. The deed described the eastern boundary of the Spisaks' property as abutting the western line of Franklin Street. The southern boundary of the land was determined to abut the northern line of Davis Street.
The record shows that development on the Orchard Park Addition never occurred. Other than being plotted out in the subdivision plan, neither Franklin nor Davis Streets were ever physically opened. In fact, North East Borough, by ordinance, relinquished any interest it might have possessed in the paper streets provided for by the plan, with exception to the areas of land in dispute.
Arguments occurred between the parties concerning the boundary line separating their properties. According to the parties' deed descriptions, certain sections of Franklin and Davis Streets form common boundaries between the two properties.*fn1 Franklin Street consists of a strip of land approximately 50 feet wide by 354.5 feet long and runs in a
[ 373 Pa. Super. Page 306]
north-south direction. Davis Street consists of a strip of land approximately 50 feet wide by 181.5 feet long and runs in an east-west direction. On June 21, 1984, the Ferkos filed an action to quiet title to the sections of the streets in question. Following a non-jury trial, the trial court rendered the following determinations:
1. The Spisaks have no property rights in the land known as Davis Street in the Orchard Park Addition.
2. The Ferkos have all right, title and interest in the land known as Davis Street in the Orchard Park Addition.
3. The Spisaks and the Ferkos have an easement over the land known as Franklin Street in the Orchard Park Addition.
These cross-appeals ensued.*fn2
By their appeal, the Ferkos contend that the trial court erred in finding that they did not have title to the disputed portion of Franklin Street. It is argued that North East Borough abandoned all rights it possessed to Franklin Street. Thus, the land in question should revert to them since it was originally contained within their deed description. In the alternative, the Ferkos claim that they have obtained title to the Franklin Street span through adverse possession.
We agree with the Ferkos' position that North East Borough has effectively abandoned its rights to Franklin Street. It is stated in 36 P.S. § 1961 that:
Any street, lane or alley, laid out by any person or persons in any village or town plot or plan of lots, on land owned by such person or persons in case the same has not been opened to, or used by, the public for twenty-one years next after the laying out of the same, shall be and have no force and effect and shall not be opened, without
[ 373 Pa. Super. Page 307]
the consent of the owner or owners of the land on which the same has been, or shall be, laid out.
In the case at bar, the Borough of North East did not use or open Franklin Street at any time subsequent to its dedication to the public in 1916. As a result, the public's right to that portion of the subdivision reserved for Franklin Street was effectively foreclosed after the 21 years had lapsed. In re: Penn Avenue, 386 Pa. 403, 126 A.2d 715, 717 (1956). Therefore, by ordinance and lapse of time, North East Borough retained no interest in Franklin Street.
With this settled, the next question to be resolved is whether or not the Ferkos possess title to the stretch of land which was to comprise Franklin Street. It was testified to at trial that, according to the deed description, the western boundary of the property described in the Ferkos' deed coalesced with the western boundary of Franklin Street (N.T., 7/30/86, 16-17). The Ferkos argue that, inasmuch as the disputed portion of Franklin Street was contained within the legal description of their property, and that since the Borough failed to accept Franklin Street within the prescribed 21 year time period, the land should revert back to them. However, upon analyzing the Ferkos' deed, we reach a contrary conclusion.
In examining the deed, we observe that the grantor described a general area of land, and then by exception, excluded the street involved herein. We refer to the deed:
[E]xcepting and reserving from the aforesaid premises a piece of land situated at the southwest corner . . . sold to Walter Green and Jacob J. Phancho by deed . . . and land sold to John L. Phancho and land sold to Bernice Phancho also excepting the public street[] known as Franklin . . . Street[]; also excepting the rights of any and all parties in and to the plotted streets in the Orchard Park Addition to North East Borough.
(N.T., 7/30/86, 26). Initially, we note that the deed does not contain any provision that expressly transfers title of the land reserved for Franklin Street to the Ferkos if that street was never opened by the Borough. Moreover, we
[ 373 Pa. Super. Page 308]
will not adopt the Ferkos' reasoning that the disputed portion of Franklin Street, by implication, should revert to them simply because it was referred to in the deed and its western line constitutes the western boundary of the general plot of land. This becomes readily apparent when the Phancho and Green transactions are interpreted in the manner by which the Ferkos would construe the reference to Franklin Street. Accepting the Ferkos' interpretation, if for any reason the sales of land to the Phanchos and Walter Green had been declared invalid, then title to these parcels of land would revert to the Ferkos. Clearly, this explanation of the deed description is illogical. For this reason, we find that the Ferkos have not acquired title to Franklin Street by way of the terms of their deed.
We have determined that the deed description does not automatically render the Ferkos owners of Franklin Street. However, this determination still does not resolve the underlying question of where title to Franklin Street rests. In addition, we need to consider what effect the Borough's abandonment of Franklin Street have on the rights of the adjoining landowners to the street?*fn3
In Rahn v. Hess, 378 Pa. 264, 106 A.2d 461, 464 (1954), our Supreme Court considered the plaintiffs' contention that, pursuant to 36 P.S. § 1961, "the subdivider merely makes an offer to dedicate the streets on his subdivision to public use, that title to the streets remains in him and at the end of twenty-one years he still has the option of rededicating the streets to public use or retaining the fee in himself." This argument was rejected and it was found that the abutting lot owners acquired the fee in the streets. Thus, the subdivider had divested himself of title to the streets by the terms of his deed and had no fee to rededicate. In holding that the abutting land owners acquired the fee to the streets, our Supreme Court explained:
[ 373 Pa. Super. Page 309]
It is settled law in Pennsylvania that where the side of a street is called for as a boundary in a deed, the grantee takes title in fee to the center of it, if the grantor had title to that extent, and did not expressly or by clear implication reserve it: See Paul v. Carver, 26 Pa. 223, Cox v. Freedley, 33 Pa. 124; Saccone v. West End Trust Company, 224 Pa. 554, 560, 73 A. 971, 24 L.R.A., N.S., 539. The reasons for the rule were set forth by Chief Justice Lewis in Paul v. Carver, supra, 26 Pa. at page 225: '* * * Where land is laid out in town lots, with streets and alleys, the owner receives a full consideration for the streets and alleys in the increased value of the lots * * * If the streets were to be vacated, of what value would they be to the original grantors, unless for the purposes of annoyance to the lot owners? A long strip of ground fifty or one hundred feet wide and perhaps several miles in length, without any access to it except at each end, is a description of property which it is not likely either party ever contemplated as remaining in the grantor of the lots on each side of it. Influenced by these considerations, the law has carried out the real intention of the parties by holding that the title passed to the center of the street subject to the right of passage. Where a street is called for as a boundary it is regarded as a single line. The thread of the road is the monument or abuttal: * * *'.
Id. 106 A.2d at 464.
Instantly, we are mindful that the western line of Franklin Street was demarcated as the western boundary of the Ferkos' property. At first blush, it would appear that the holding in Rahn is inapposite to the case at bar inasmuch as the Ferkos' deed sets the western boundary at a line which encompasses the entire width of Franklin Street. Thus, it is seemingly incongruous to apply the above-cited rule that the Ferkos, as the grantees, take to the center of the street. The street was already included in the description. However, as stated, supra, although the western line of Franklin Street was named as the western boundary of the Ferkos' property, the deed description expressly excluded
[ 373 Pa. Super. Page 310]
Franklin Street from being part of the land subject to the conveyance. Thus, in reality, the Ferkos' true western boundary is the eastern line of Franklin Street. With this fact elucidated, the applicability of Rahn to the case sub judice becomes obvious. Since the eastern side of Franklin Street was called for as the Ferkos' western boundary, Rahn directs the conclusion that title to the center of Franklin Street passed to the Ferkos. Id. 106 A.2d at 464. In so holding, we acknowledge that the Spisak's eastern boundary was marked as the western side of Franklin Street. Therefore, title to the remaining half of the street passed to the Spisaks.
Next, we must discuss what effect the Borough's abandonment of Franklin Street had on the parties' rights to traverse the street. Once again, Rahn is dispositive. In Rahn, our Supreme Court explicitly stated that "title passed [to the parties] to the center of the street subject to the right of passage." Id. 106 A.2d at 464. Likewise, in McLaughlin v. Cybulski, 192 Pa. Super. 7, 159 A.2d 14, 16 (1960), we decided that where the public's right to use a roadway had been extinguished, the owners of property abutting the street possessed an easement for right of way purposes over the entire proposed street. In essence, while the public easement in a street is lost as the result of the passage of time, purely private rights of easement of property owners are not extinguished. Riek v. Binnie, 352 Pa. Super. 246, 507 A.2d 865, 867 (1986). Instantly, the parties' ownership interests in the land comprising Franklin Street are subject to each other's rights to travel the street.*fn4
[ 373 Pa. Super. Page 311]
The Ferkos raise as an additional issue the allegation that they have obtained title to Franklin Street by adverse possession. By its opinion, the trial court stated that the Ferkos had failed to meet the burden of proof necessary for a finding of adverse possession. "[O]ne who claims title by adverse possession must prove that he had actual, continuous, exclusive, visible, notorious, distinct, and hostile possession of the land for twenty-one years." These elements must coalesce; otherwise, the possession will not confer title. Klos v. Molenda, 355 Pa. Super. 399, 513 A.2d 490, 492 (1986). We do not agree with the Ferkos' assertion that they have proven ownership of the disputed portion of Franklin Street by adverse possession. In their appellate brief, the Ferkos do not point to any evidence of record which would show that any, let alone all, of the necessary elements of adverse possession were demonstrated. When issues are not properly raised and developed in briefs, when the briefs are wholly inadequate to present specific issues for review, we shall not consider the merits thereof. Commonwealth v. Sanford, 299 Pa. Super. 64, 445 A.2d 149, 150 (1982).
Finally, we are aware that the Spisaks contend that they have acquired an express easement over Davis Street by virtue of their deed. However, we decline to consider any arguments made concerning the parties' rights to Davis Street. The Spisaks have failed to preserve through post-trial motions any issues with respect to the trial court's determination of that street. Thus, they are waived and that aspect of the trial court's Order shall not be disturbed. Ecksel v. Orleans Construction Co., 360 Pa. Super. 119, 519 A.2d 1021 (1987).
Judgment of the trial court finding that the Ferkos have all rights, title, and interest in Davis Street affirmed. Judgment
[ 373 Pa. Super. Page 312]
of the trial court finding only that the parties possess easements to Franklin Street reversed.
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Gustavo Dominguez 1
2016-10-03 18:27:22-05
I'm not someone who knows much about cars, so I took a picture of one of the lights on my Prius that are out. Thinking it would make it easy for them to help me. Nope. The man I spoke to had a bluetooth earphone in his ear, not a good sign. I show him the picture and ask him if he can help me purchase the bulb I need and he says he doesn't know. I say it might be the brake light and he says, "I'm not sure what it is, but it looks red. I don't have those."......ooookkkk..... so I say thanks and walk away. Honestly THE WORST customer service anywhere. He didn't want to be there and it showed. Very disappointed. Feedback: Literally ANYTHING.
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2016-06-22 20:21:40-05
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The average cost for a Power Steering Pump Replacement is between $400 and $789. Labor costs are estimated between $96 and $123 while parts are priced between $304 and $666. Get a personalized estimate based on your location and specific car. Estimate does not include taxes and fees.
Power Steering Pump Replacement Cost for Mitsubishi Mirage
Power Steering Pump Replacement Estimate (National Average)
Validated estimate range for national average.
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Parts & Labor Breakdown
Labor: $96 - $123
Parts: $304 - $666
Estimate does not include taxes and fees.
Best Practices
We recommend flushing the Mitsubishi Mirage's power steering fluid when replacing the power steering pump.
We recommend checking and replacing worn or leaking power steering hoses when replacing the pump.
Be sure to consult your Mitsubishi owners manual before adding power steering fluid. Many manufacturers require specific fluid, and use of an incorrect fluid can damage the system.
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Unusual noise or difficulty when steering can signal a failing power steering pump.
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