text:
Like a boulder dropped in a lake, Hillary Clinton's dissing of President Obama is still creating serious ripples. So let's stay with this story a bit longer.
Obama has failed to help defeat islamists in Syria, leading to the growth of The Islamic State (The Radical Islamist Murderers Formerly Known as ISIS) and fails to define a foreign policy for the U.S.
If you're frustrated by the skimpiness of "fun-size" candy, wait until you hear some "fun-size" songs.
Men might be from Mars and women from Venus, but at least we're in the same solar system. When it comes to politics, liberals and conservatives can't agree on what the problems are much less solutions. We can blame the politicians for not making progress on the big issues of our time, but until Americans share a common truth about what those issues are we won't move an inch.
Since 1998 it has been prohibited by federal law for states and localities to tax Internet access. This policy, known as the Internet Tax Freedom Act, has been extended three times with broad bipartisan support. But it is set to expire again on November 1, and some Senate Democrats appear willing, this time, to allow it to actually expire if they can't use it to leverage an unrelated tax issue. It's a dangerous game that could cost taxpayers billions of dollars and worsen the digital divide by pricing some lower income Americans off of the Internet entirely.
It takes a special kind of jerk to market fear and exploit public ignorance in the midst of a health emergency - and, sure enough, members of this repellent American subspecies are already flapping their yaps.
Get this: Low expectations are the key to happiness.
The problem with a lie-even one that everyone agrees with-is that eventually you can't ignore the truth. Enron can't paper over debt and crashes. The housing bubble pops. Now, as the rush towards using standardized test scores to evaluate teachers turns into a retreat, it might be time to face that standardized tests are a lousy way to hold schools accountable.
More fun than fourteen barrels of flunkies watching our elected officials exit Washington like scared rats streaming out of a sewer to escape Godzilla. And really, who can blame them. Anybody who's ever spent a summer in DC can tell you the climate is real similar to Hell. With humidity. Then again, not sure even Hell has winged insects the size of footstools. It's not called Foggy Bottom because that's the first thing that springs to mind when Diane Feinstein walks away, you know.
The US government's decision to apply more sanctions on Russia is a grave mistake and will only escalate an already tense situation, ultimately harming the US economy itself. While the effect of sanctions on the dollar may not be appreciated in the short term, in the long run these sanctions are just another step toward the dollar's eventual demise as the world's reserve currency.
Happy Tuesday, everybody, and God Bless America.
It is said that Americans don't like titles.
A Kansas State University biochemist is improving biofuels with a promising crop: Camelina sativa. The research may help boost rural economies and provide farmers with a value-added product.
Imagine our government issuing a law requiring women to surgically remove their external genitalia.
We're taught as kids that lying is bad, that liars should be held accountable. But in Washington, lying is so endemic and so flagrant that the perpetrators are rarely even rebuked.
Page 81 of 175
By his own admission, President-elect Donald Trump is a guy who likes to build stuff: A golf course in Scotland. A hotel in Washington D ...
Page 2 of 2
Local News
Area Briefs
On the Record
Oil & Gas
News Tips
Archived Articles
Local Sports
Prep Sports
Community College
Pawnee County News
Pawnee County
Pawnee County Briefs
Letter to the Editor
Send Letter to the Editor
Editorial Cartoons
eTribune Subscriptions
Delivery Issue
Change Address
Vacation Stop/Start
Staff Directory
Place Announcements
Barton Community College
Local Life
Club News
Menus and Activities
CMYK Publications
Photo Galleries
Employment Opportunities
Inspire Health Magazine
GB2GO Download
Contact Us
Great Bend Tribune
2012 Forest Ave.
Great Bend, KS 67530
Map and info click HERE
Advanced Media Solutions CLICK HERE


text:
5411 W Sterling Road, Jonesville MI, 49250
Sold Price:
3 beds , 3 Full baths
1,222 sqft
Status: Closed
Last Updated: 12/7/2016 2:15 PM
Description for 5411 W Sterling Road Jonesville, MI 49250
This property is set up as a three unit living space with 3 bedrooms, 3 bathrooms, 3 kitchens with living areas in each unit. Property is selling at absolute public auction on Thursday, November 6th at 6:00 p.m. and may be purchased with or without representation of any licensed REALTOR(r). This company makes no warranty about the contents of this data. It is the responsibility of the parties looking at property to satisfy themselves as to the accuracy of this information. Taxes were obtained from the local assessor and taxes could change for the buyer after a closed transaction. No absentee bids.
Sold Price:
Sold Date:12/08/2014
Litchfield Twp
3 Full
1,222 (approx)
Listing Information
Litchfield Twp
Softener Own
Septic, Existing Well
Electric, Telephone
School Information
Room Information
Interior Features
Dishwasher, Microwave, Convection Oven, Refrigerator
Central Air
Propane, Forced Air
Exterior / Lot Features
Attached Garage, 2 Car Garage
Screened Porch
Paved Road, Public Roads, Wooded, Acreage
Driving Directions
From US-12 in Jonesville, take M-99 North 2.6 miles to Sterling Rd and veer left for 1.5 miles to auction site. from Litchfield, take M-49 South 1.7 to Sterling and turn left for 2.1 miles to 5411 W. Sterling Rd.
Financial Considerations
Listing Price History
Jonesville Real Estate
Jonesville is located in Michigan. Jonesville, Michigan 49250 has a population of 2,220.
The median household income in Jonesville, Michigan 49250 is $41,830. The median household income for the surrounding county is $42,668 compared to the national median of $53,046. The median age of people living in Jonesville 49250 is 43.6 years.
Loading nearby sales and history ...
Ask a Question?
Start a no spam email conversation
Jonesville Real Estate
Nearby Communities

subset: commoncrawl


text:
How do I join to receive weekly crafts letter?
Helen from Townsville, Australia
If you are registered, visit the link below to subscribe to the Crafts Newsletter. You will need to login to subscibe to newsletters.
Hope that helps!
Add your voice! Click below to comment. ThriftyFun is powered by your wisdom!


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
United States District Court, N.D. Illinois, Eastern Division
December 3, 2014
ENVISION HEALTHCARE, INC., Plaintiff,v.FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for First Chicago Bank & Trust, and FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity, Defendants.
MANISH S. SHAH, District Judge.
Envision Healthcare, Inc. was a customer of First Chicago Bank & Trust. Envision claims that in March 2011, a computer hacker stole the log-in information for one of the company's employees, and used that employee's user ID and password to access the bank's online banking system. According to Envision, the hacker then issued a wire-transfer order in the employee's name, which the bank processed the next day. Envision sued the bank in state court, alleging breach of contract, negligence, and breach of the bank's implied duty of good faith and fair dealing. The bank was closed by Illinois authorities two days later, and the Federal Deposit Insurance Corporation was appointed as receiver. The FDIC, substituted as defendant in this case, moves for summary judgment on Counts I, II, and III of Envision's amended complaint. Envision cross-moves for summary judgment on the same counts. For the reasons discussed below, defendant's motion is granted, and Envision's cross-motion is denied.
I. Legal Standard
Summary judgment may be granted where "there is no genuine issue of material fact and... the movant is entitled to judgment as a matter of law." Hussey v. Milwaukee Cnty., 740 F.3d 1139, 1142 (7th Cir. 2014) (quoting Jackson v. Indian Prairie Sch. Dist. 204, 653 F.3d 647, 654 (7th Cir. 2011)). A genuine issue of material fact exists "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Serednyj v. Beverly Healthcare, LLC, 656 F.3d 540, 547 (7th Cir. 2011) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)). In reviewing a summary-judgment motion or a cross-motion for summary judgment, I must construe all facts, and draw all reasonable inferences from those facts, in favor of the non-moving party. United States v. P.H. Glatfelter Co., 768 F.3d 662, 668 (7th Cir. 2014) (quoting Laskin v. Siegel, 728 F.3d 731, 734 (7th Cir. 2013)).
II. Facts
A. The Cash Management User Agreement
On May 28, 2009, Envision Healthcare entered a banking agreement with First Chicago Bank & Trust. See [106] at 3-4 ¶ 6; see also Exhibit C to the Amended Complaint, [39-1] at 4-7.[1] Daniel Kubik, Envision's controller, signed on behalf of Envision. See [106] at 4 ¶ 7; see also [39-1] at 7-8. This agreement, entitled the Cash Management User Agreement (CMUA), addressed "eBanking" services ( i.e., "BeB" services) to be provided by the bank to Envision. See [106] at 2-3 ¶ 5; see also [39-1] at 4. The CMUA provided:
[The] Bank will verify that [Envision] has authorized, canceled or amended an entry that constitutes a payment order solely by means of the security procedures inherent in the BeB product. This Security Procedure uses SSL encryption and requires use of a Company ID, User ID and User Password.... [Envision] expressly agrees to be bound by any Order, whether or not authorized, issued in its name and accepted by Bank in compliance with the Security Procedure.
[39-1] at 4 ¶ 4. The agreement also stated:
The Bank will act on instructions received under valid Passwords, will have no duty to further verify the identity of any BeB user with valid Passwords and shall not have any liability for transactions occurring on [Envision's] account originated with valid Passwords.
Id. ¶ 3.
The CMUA further provided that once Envision had executed that agreement and the attached "enrollment form" (and the bank had approved the company's use of BeB), Envision would receive a corresponding company ID, user ID, and password. See id. After Envision obtained its BeB credentials, it would then have the ability "to set up additional users to access [its] accounts." Id. Under the CMUA, Envision was "solely responsible for the use by anyone of BeB who utilize[d Envision's] correct Passwords." Id.
In the enrollment form attached to the CMUA, see id. at 8, Envision could designate a "Company Administrator" who would have "maintenance authority over [Envision's] Passwords." Id. By designating someone as such an Administrator, Envision "authorized [the bank] to establish and issue initial passwords" to that person. Id. Molly Hamideh was listed as the appointed Company Administrator for Envision Healthcare in the enrollment form executed by Daniel Kubik on May 28, 2009. See id.; see also [106] at 5 ¶ 10.[2]
Also included in the enrollment form signed by Kubik was a section entitled "Requested Services for Company Accounts." See [39-1] at 8. In this section was a table in which specific bank-account numbers could be "indicated" for use with specific eBanking services, such as "Wire, " "Remote Deposit, " and "Loan Sweep." See id. In the form signed by Kubik on May 28, 2009, this table was left blank. See id.; see also [144] at 8-9 ¶ 6.[3]
B. The Wire Transfer Agreement
Also on May 28, 2009, Daniel Kubik executed on behalf of Envision Healthcare a "Wire Transfer Agreement" with First Chicago Bank & Trust. See Exhibit E to the Amended Complaint, [39-1] at 12-13; see also [106] at 6 ¶¶ 14-15. This agreement authorized the bank "to initiate a funds transfer from any of [Envision's] accounts, " based on "payment orders received by [the bank] in writing with [Envision's] original signature" or the original signature of one of Envision's "Authorized Agents." [39-1] at 12 ¶ 2. The agreement further provided that such Authorized Agents should be named in Exhibit A to that document. See id. ¶ 2(a).
Exhibit A to the Wire Transfer Agreement included a table in which the names of any Authorized Agents, and "the account numbers from which they [were] authorized to request transfers, " could be listed. See id. at 13. The table in Exhibit A to the Wire Transfer Agreement executed by Daniel Kubik in May 2009 was left blank. See id.; see also [144] at 8-9 ¶ 6.
C. The March 31, 2011 Wire Transfer
On March 31, 2011, someone used the log-in information of Envision employee Molly Hamideh to sign on to First Chicago Bank's BeB website and issue a wire-transfer order from one of Envision's accounts (No. *4804). See [106] at 15-16 ¶¶ 37-39. The bank processed the order the next day (April 1) and wired $125, 760.90 out of Envision's *4804 account to a third-party bank account in Phoenix, Arizona. See id. at 16 ¶¶ 39, 40; see also [144] at 21 ¶ 32.
Envision maintains that it was not Molly Hamideh who ordered the wire transfer on March 31, 2011, but an unknown individual who was merely posing as Hamideh, and who had fraudulently obtained her ID and password information through a "phishing" scam. See [106] at 15 ¶ 37; see also [144] at 20 ¶ 30.[4] Accordingly, on April 4, 2011, Envision notified the bank of its belief that an unauthorized transfer had been processed against the company's account. See [106] at 17 ¶ 43. Only $945.30 of the transferred funds were recovered. See [144] at 24 ¶ 38.
D. Procedural History
In July 2011, Envision filed a breach-of-contract suit against First Chicago Bank & Trust in the Circuit Court of Cook County, Illinois. See [1-1]. Envision alleged that the bank had breached its agreement with Envision by honoring a wire-transfer order that was unauthorized (Count I). See id. at 7. Also included in Envision's complaint were claims that the bank had been negligent (Count II) and that the bank had breached its implied duty of good faith and fair dealing (Count III). See id. at 8-9. Two days after Envision filed suit, the bank was closed by the Illinois Department of Financial and Professional Regulation. See [106] at 2 ¶ 3. The Federal Deposit Insurance Corporation was appointed as the bank's receiver, see id., and the FDIC removed the case to federal court, see [1].[5]
Envision ultimately amended its complaint, asserting against FDIC (in its capacity as receiver) the same contract, negligence, and breach-of-good-faith claims originally asserted against the bank. See [39] at 7-10 (Counts I-III).[6] Before me are FDIC-Receiver's motion for summary judgment, [72], and Envision's cross-motion for summary judgment, [82], on Counts I, II, and III of the amended complaint.
III. Analysis
A. Breach of Contract (Count I)
Envision asserts that the bank breached the Cash Management User Agreement by processing the wire-transfer order issued with Molly Hamideh's BeB username and password on March 31, 2011. See [136] at 2. The CMUA provides that the agreement "is subject to applicable federal laws and the laws of the State of Illinois." [39-1] at 7 ¶ 20. Illinois generally enforces choice-of-law provisions in contracts, see Lyon Fin. Servs., Inc. v. Ill. Paper and Copier Co., 732 F.3d 755, 758-59 (7th Cir. 2013) (citing Hofeld v. Nationwide Life Ins. Co., 59 Ill.2d 522 (1975)), and neither party here contends that Illinois law should not govern the CMUA. Thus, I follow Illinois law in assessing the breach-of-contract claim.
To prove a breach of contract in Illinois, the plaintiff must show the existence of "a valid contract, performance by the plaintiff, breach by the defendant, and damages." Norem v. Lincoln Benefit Life Co., 737 F.3d 1145, 1148 (7th Cir. 2013) (citing Elson v. State Farm Fire & Cas. Co., 295 Ill.App.3d 1 (1998)). Envision contends that the bank breached paragraph 4 of the Cash Management User Agreement when the bank processed the online wire-transfer request made under Molly Hamideh's BeB user information on March 31, 2011. See [136] at 2 (citing [39-1] at 4 ¶ 4.). Paragraph 4 of the CMUA states:
[The] Bank will verify that [Envision] has authorized, canceled or amended an entry that constitutes a payment order solely by means of the security procedures inherent in the BeB product. This Security Procedure uses SSL encryption and requires use of a Company ID, User ID and User Password.
[39-1] at 4 ¶ 4.
Illinois generally follows the "four corners" rule of contract interpretation, which provides that in interpreting a contract, the court must "initially look[] to the language of the contract alone." Air Safety, Inc. v. Teachers Realty Corp., 185 Ill.2d 457, 462 (1999) (citations omitted). If, on its face, the contractual language is unambiguous, the contract is interpreted as a matter of law, without the use of extrinsic ( i.e., "parol") evidence. See id. (citation omitted).
Paragraph 4 of the CMUA is unambiguous. Under the above-quoted provision of that agreement, the bank must verify that Envision has authorized an online payment order-here, a wire-transfer order-" solely by means of the security procedures inherent in the BeB product." [39-1] at 4 ¶ 4 (emphasis added). In other words, as long as the bank follows the "inherent" BeB security procedures, it has fulfilled its duty to verify that an instruction was indeed authorized by the account-holder. But what are the security procedures inherent in the BeB product? The CMUA explains what these are, too. According to the agreement, the security procedure for BeB "requires use of a Company ID, User ID and User Password." Id. Thus, so long as the bank verifies that an online wire-transfer instruction was issued by someone using valid BeB log-in information, the bank has followed the relevant security procedures and has satisfied its obligations under paragraph 4 of the CMUA.
Envision claims that the bank breached paragraph 4 of the agreement by processing a wire-transfer order made with Molly Hamideh's BeB user information, since Hamideh was not actually authorized to order such transfers. See [136] at 2. Hamideh was not so authorized, says Envision, because she was not listed in the Wire Transfer Agreement as being able to wire money out of the *4804 account, and because that particular account was not listed in the enrollment form (attached to the CMUA) as requiring online wire-transfer service. See [105] at 6-7, 8 (noting that the relevant tables in those documents were left blank). In essence, Envision seeks to hold the bank liable for failing to verify that the valid BeB credentials used to issue a payment order were indeed the credentials of someone who had been formally authorized by Envision to wire money out of a specific account. But, as just explained, this is not what the CMUA required.
Under paragraphs 3 and 4 of the CMUA, the bank needed only to confirm that the instruction it received online came from someone using valid BeB log-in credentials. Envision admits that the alleged "hacker" in this case used Hamideh's username and password, see [136] at 2, and nowhere contends (or presents evidence indicating) that the log-in information used was invalid. To impose on the bank an additional obligation-that is, a duty to ensure that each instruction it received was from a BeB user formally authorized to issue that particular order-would be to shoulder the bank with a burden it never agreed to carry. See [39-1] at 4 ¶ 4 ("[Envision] expressly agrees to be bound by any Order, whether or not authorized, issued in its name and accepted by [the] Bank in compliance with the Security Procedure.") (emphasis added); id. ¶ 3 ("The Bank will act on instructions received under valid Passwords... and shall not have any liability for transactions occurring on [Envision's] account originated with valid Passwords."); id. at 5 ¶ 11 ("[Envision] assume[s] sole responsibility for any unauthorized use of [its] account's Passwords, and shall... hold the Bank harmless from all... losses and damages related to or arising out of any unauthorized transactions."). Thus, whether Molly Hamideh was formally authorized-either at the time Envision executed the CMUA or at some later time-to wire money out of the *4804 account is immaterial to whether the bank fulfilled its duties under paragraph 4 of the CMUA.
In short, even assuming that (1) Molly Hamideh was not formally authorized by Envision to issue wire-transfer orders for the company's *4804 account, (2) it was not Hamideh herself who issued the wire-transfer order on March 31, 2011, but a hacker impersonating her, and (3) conducting online wire transfers was not a service Envision opted into with the bank-I find that no reasonable jury would conclude that the bank breached paragraph 4 of the CMUA by processing the March 31, 2011 order. If an online order were placed with a valid password, the bank promised it would verify the validity of the password, no more, and the parties agreed the bank would not be liable for any transaction (authorized or not) conducted while using that password.[7] Accordingly, defendant is entitled to judgment as a matter of law on Envision's breach-of-contract claim. Defendant's motion for summary judgment on Count I of the complaint is therefore granted, and Envision's cross-motion for summary judgment on Count I is denied.
B. Negligence (Count II)
Envision also asserts that the bank acted negligently by processing the wire-transfer order that issued from Molly Hamideh's BeB user account on March 31, 2011. See [39] ¶¶ 60-63 (Count II); see also [105] at 6-13; [136] at 3-5. Defendant argues that Envision cannot proceed with this claim as a matter of law-and thus defendant is entitled to summary judgment on Count II of the complaint-because it is barred by the economic-loss doctrine. See [97] at 8-9. I agree.
The economic-loss doctrine-known as the Moorman doctrine in Illinois[8]- precludes plaintiffs from recovering in tort "for purely economic losses arising out of a failure to perform contractual obligations." Wigod v. Wells Fargo Bank, N.A., 673 F.3d 547, 567 (7th Cir. 2012) (citing Moorman Mfg. Co. v. Nat'l Tank Co., 91 Ill.2d 69 (1982)). As Envision here seeks only to recover the money it lost from the purportedly unauthorized wire transfer (and related costs), see [39] at 9, Count II of Envision's complaint is barred by Moorman unless the duty that was allegedly breached arose outside the contract. See Wigod, 673 F.3d at 567 (citing Congregation of the Passion, Holy Cross Province v. Touche Ross & Co., 159 Ill.2d 137 (1994)). Thus, "the key question is whether the defendant's duty arose by operation of contract or existed independent of the contract." Id. (citing Catalan v. GMAC Mortg. Corp., 629 F.3d 676, 693 (7th Cir. 2011)).
The duties of care that the bank allegedly breached in 2011 arose expressly from the contracts entered into by Envision and the bank. See, e.g., [105] at 6 (stating that the bank acted negligently in processing the March 31, 2011 wire-transfer order because, " [a]ccording to the contracts, Molly Hamideh could not issue wire transfers... and Account No. *4804 was never authorized for outgoing wire transfers") (emphasis added).[9] In its response brief, Envision argues that the bank was also under an independent, common-law duty to exercise reasonable care in providing any services that the bank had (by contract) agreed to undertake, and is therefore liable for any harm resulting from a failure to exercise such care. See [136] at 4 (quoting Vancura v. Katris, 238 Ill.2d 352, 382 (2010)). There are several problems with this argument.
First, the common-law duty of care identified by Envision does not apply to the bank in this case and, therefore, cannot subject defendant to liability here. The duty of reasonable care discussed in Vancura -that is, the duty of care as defined in Section 323 of the Restatement (Second) of Torts-imposes liability on service-providers only for physical harm, not mere economic loss. See Vancura, 238 Ill.2d at 382 ("One who undertakes... to render services... is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care" (quoting Restatement (Second) of Torts § 323 (1965)) (emphasis added); see also id. (observing that "section 323 [is] explicitly limit[ed] to situations in which the plaintiff has suffered physical' or bodily' harm"). Envision alleges only economic harm, so Section 323 of the Restatement cannot save its negligence claim from Moorman preclusion.[10]
Banks are, however, generally subject to a duty of reasonable care toward their depositors. See Mutual Service Cas. Ins. Co. v. Elizabeth State Bank, 265 F.3d 601, 613-14 (7th Cir. 2001) (applying Illinois law). This duty arises from the position of trust that banks occupy with respect to the funds placed in their custody. See id. at 613. As this duty of care exists "irrespective of the terms of the contract" a bank may otherwise have with its customer, it is conceivable that the Moorman doctrine would not bar a tort claim founded on the alleged breach of such a duty. See id. at 617-18 (discussing but not deciding the issue). Envision does not identify this particular duty or argue that it applies here. Regardless, its existence is not enough to preserve Envision's negligence claim because the Uniform Commercial Code, as adopted by the Illinois legislature, governs the situation presented here.
In Illinois (and elsewhere), the UCC generally governs the relationship between a bank and its customers. See 810 ILCS 5/4-101 et seq. The Moorman doctrine seeks to "maintain the integrity of [the] carefully articulated body of rules in the UCC." Mutual Service, 265 F.3d at 617 (citation omitted) (internal quotation marks omitted). Thus, common-law principles may supplement the UCC-and so may provide the foundation for an action in tort-only where particular provisions of the UCC have not displaced those rules. See id. at 614, 617; Dixon, Laukitis, and Downing, P.C. v. Busey Bank, 993 N.E.2d 580, 587-88 (Ill.App.Ct. 2013) (discussing Mutual Service ). In other words, a negligence claim asserted against a bank, based solely on economic loss, cannot proceed if specific provisions of the UCC have already delineated the bank's responsibilities in the circumstances at hand. See Dixon, 993 N.E.2d at 588; cf. Mutual Service, 265 F.3d at 614.
Such is the case here. Envision contends that the bank was negligent in honoring the wire-transfer order issued from Molly Hamideh's BeB user account on March 31, 2011. See [105] at 6-13; [136] at 5. But Article 4A of the UCC already sets forth a detailed scheme concerning the bank's rights and responsibilities when presented with an electronic payment order such as the one at issue. See generally 810 ILCS 5/4A ("Funds Transfers"). Section 202(b) of that article, for example, governs whether such a payment order is deemed effective-even if not "authorized" under Section 202(a)-where, as here, the "bank and its customer have agreed that the authenticity of payment orders issued... in the name of the customer as sender will be verified pursuant to a security procedure." Id. at 5/4A-202(b). Section 203(a) sets forth the circumstances in which a payment order deemed "effective" may nonetheless be unenforceable, and Section 204 provides remedies for when the bank accepts a payment order that is unauthorized or unenforceable. See id. at 5/4A-203(a)(2), 5/4A-204(a). Article 4A, in other words, has displaced common-law rules that might otherwise prescribe a bank's obligations when processing electronic wire-transfer orders. See Travelers Cas. & Sur. Co. of Am. v. Bank of Am., N.A., No. 09 C 06473, 2010 WL 1325494, at *2 (N.D. Ill. Mar. 30, 2010) ("Article 4A displaces common law causes of action that are covered by its provisions....").[11]
Envision also argues that the bank was negligent in maintaining adequate security procedures in the first instance. See [105] at 12-13. But Article 4A of the UCC provides that procedures for verifying authorization of an electronic payment order need only be "commercially reasonable, " 810 ILCS 5/4A-202(b), and enumerates which factors a court must consider in determining whether the specific procedure employed was indeed reasonable, see id. at 5/4A-202(c). Thus, here, too, the UCC has displaced the common law.
The UCC supports contract-based causes of action for purported violations of the Code's provisions. But Envision has brought no such claims, instead grounding Count II of its complaint in tort. For the reasons discussed above, a tort-based claim is barred under the Moorman doctrine and so cannot proceed as a matter of law. Envision argues, however, that because the Cash Management User Agreement and Wire Transfer Agreement each state that the bank may be liable for its negligence, Envision's negligence claim necessarily must be permitted. See [136] at 3. But Envision misunderstands the import of the provisions it cites.
The CMUA states that the bank "shall be liable only for its negligence... in performing th[e] services " required by that agreement. [39-1] at 6 ¶ 14 (emphasis added). Similarly, the WTA provides that the bank will be liable "only for its negligence in performing its obligation under this Agreement. " [39-1] at 12 ¶ 9 (emphasis added). In other words, the "negligence" clauses further cabin the bank's liability under the two agreements by requiring the plaintiff to prove not just that the bank failed to meet an obligation as contracted, but that the bank did so negligently. The "negligence" clauses, in short, raise the bar for prevailing on a breach-of-contract claim under either agreement-a bar that, as explained above, Envision has failed to clear in the first instance. On these facts, the "negligence" clauses do not provide a separate, tort-based cause of action on which Envision may base its suit.
Defendant's motion for summary judgment on Count II of the complaint is therefore granted. Envision's cross-motion for summary judgment on Count II is accordingly denied.
B. Breach of the Duty of Good Faith and Fair Dealing (Count III)
Envision also contends that, in processing the wire-transfer order issued using Molly Hamideh's BeB log-in information, the bank breached a duty of good faith and fair dealing implied in the Cash Management User Agreement and Wire Transfer Agreement. See [39] ¶¶ 64-67. Defendant argues that this claim, too, fails as a matter of law, because in Illinois there is no such independent cause of action. See [97] at 11-12. I agree.
In Illinois, the duty of good faith and fair dealing is implied in every contract. See Seip v. Rogers Raw Materials Fund, L.P., 408 Ill.App.3d 434, 443 (2011). This duty requires a party "vested with contractual discretion to exercise it reasonably, and not arbitrarily, capriciously, or in a manner inconsistent with the reasonable expectations of [the] parties." Id. (citing Kirkpatrick v. Strosberg, 385 Ill.App.3d 119, 131 (2008)). It is not, however, "an independent source of duties for the parties to a contract." Id .; see also Iowa Physicians' Clinic Med. Found. v. Physicians Ins. Co. of Wis., 547 F.3d 810, 812 (7th Cir. 2008) (discussing Illinois courts' "steadfast refusal, " other than in insurance-contract cases, "to recognize an independent tort arising from the breach of [the implied good-faith] covenant") (citation omitted).
In practice, this means two things: first, a claim for breach of an implied duty of good faith and fair dealing cannot stand on its own, but must be included as a theory of liability within a larger breach-of-contract claim, see Wilson v. Career Educ. Corp., 729 F.3d 665, 674 (7th Cir. 2013) (discussing Illinois law) (citation omitted); second, even if appropriately pleaded, the good-faith duty is merely a tool of construction used to determine the parties' intent where two conflicting interpretations of a contract are possible, see Seip, 408 Ill.App.3d at 443 (citing Fox v. Heimann, 375 Ill.App.3d 35, 42 (2007)); see also Cramer v. Ins. Exch. Agency, 174 Ill.2d 513, 523-24 (1996)) (noting that, where one possible construction imputes bad faith to a party but the other does not, the latter should be adopted) (citing Martindell v. Lake Shore Nat'l Bank, 15 Ill.2d 272, 286 (1958)).
Envision has not pleaded its duty-of-good-faith theory (Count III) as part of its breach-of-contract claim (Count I), as it was required to do. See [39]. Moreover, Envision has not adequately explained how the good-faith duty even comes into play as a necessary tool of construction in this case. Use of the good-faith construction tool typically occurs where one party to the contract has been given, per the terms of that agreement, "broad discretion in performing its obligations." Gore v. Ind. Ins. Co., 376 Ill.App.3d 282, 286 (2007) (citing Dayan v. McDonald's Corp., 125 Ill.App.3d 972, 990 (1984)). A party has broad contractual discretion where, for example, it is "peculiarly within the power of that party" to bring about a condition precedent to the contract, Dayan, 125 Ill.App.3d at 990, or has unrestricted discretion in terminating an at-will employment contract, see id. In such instances, an implied covenant of good faith is read into the agreement, imposing a reasonable limitation on the exercise of that discretion. See id. at 990-91.
Envision argues that paragraph 4 of the CMUA and paragraph 2 of the WTA provided such discretion to the bank here because, according to Envision, these paragraphs vested in the bank the discretion to honor (or not) a given wire-transfer order. See [136] at 6. I disagree. Paragraph 4 of the CMUA states that the bank "will verify that [Envision] has authorized... a payment order solely by means of the security procedures inherent in the BeB product." [39-1] at 4 ¶ 4. This provision does not vest in the bank broad or unrestricted discretion in deciding whether to process a payment order made online through its BeB system; the provision states that the bank " will verify" proper authorization " solely " using procedures set forth explicitly in that contract. Nor does this paragraph place within the bank's power the ability to bring about (or not) a condition precedent to the contract. In fact, it's the other way around: the bank's contractual obligation ( i.e., to verify authorization through the BeB security procedure) is not triggered unless and until Envision-or someone claiming to represent Envision-submits a payment order online.
Paragraph 2 of the WTA is set up in a similar fashion.[12] Under that paragraph, Envision "authorizes and directs" the bank to initiate a funds transfer whenever the bank "receives from [Envision] a payment order which on its face complies with the Security Procedure established by this agreement." [39-1] at 12 ¶ 2. Again, the bank's obligation (to verify authorization) is triggered by someone else's action, and even when triggered, the bank is hardly imbued with broad discretion in fulfilling it. Under the terms of the contract, the bank must verify that the name on the written payment order corresponds to one previously identified to the bank as belonging to someone who has authority to issue such orders. See id. at 12-13 ¶¶ 2, 13.
Envision's claim for breach of an implied duty of good faith and fair dealing cannot proceed as a matter of law. Defendant's motion for summary judgment on Count III of the complaint is therefore granted, and Envision's cross-motion for summary judgment on Count III is denied.
IV. Conclusion
Envision's online-banking information was purportedly stolen, resulting in an alleged diversion of more than $125, 000 from one of the company's accounts. While it is unfortunate that Envision has been unable to recover the majority of those funds, the bank did not break its promise to its customer-the bank promised to check the validity of the online password used to order a transaction, no more. For the reasons discussed above, defendant's motion for summary judgment on Counts I, II, and III of the amended complaint, [72], is granted; Envision's cross-motion on the same counts, [82], is denied.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Country Search › Gifts & Crafts › Festive & Party Supplies › Event & Party Supplies › 0 Supplier(s)
- Customer who searched kuala lumpur concerts also searched:
- concert supplies, concert light stick, concert stage decoration, accessories concert, concert decorations, concert gadgets, concert led flashlight stick, concert bracelet led, led bracelet concert More...
0 matches found for "kuala lumpur concerts" in "Malaysia"
Find kuala lumpur concerts from 2 supplier(s) in "all countries".
concerts in Malaysia ( View all 3 Supplier(s) )
Main Products:
Grandstand,Scaffolding Grandstand,Portable Grandstand,Grandstand Seating,Grandstand Seating outdoor
Total Revenue:
US$5 Million - US$10 Million
Top 3 Markets:
South Asia 10% , Western Europe 10% , Eastern Asia 10%
100.0% Response Rate
Main Products:
Thermal Paper,Barcode Ribbon,Medical Consumable,Plotter Roll,Computer Form
Total Revenue:
US$10 Million - US$50 Million
Top 3 Markets:
Southeast Asia 30% , Mid East 20% , Oceania 20%
Mgnt Certfication:
0.0% Response Rate
Main Products:
Industrial PVC Curtains,Industrial Rubber Roller,Rubber Sheet,Rubber Bumper,Heavy Duty Plastic Sheets
Total Revenue:
Below US$1 Million
Top 3 Markets:
Domestic Market 70% , Southeast Asia 20% , Eastern Asia 5%
Search Related to "kuala lumpur concerts":
Haven't found the right supplier yet ?
Buying Request Hub
1 request,multiple quotations
1-click quotation comparison
OEM,ODM & multi-category buying
Want product and industry knowledge for "kuala lump..." ?
Trade Alert
Trade Alerts are FREE updates on topics such as trending hot products, buying requests and supplier information - sent directly to your email inbox!


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
January 06, 2004
VARANO, DAMIAN & FINKEL, L.L.C., AND RAMSEY MEDICAL, P.A., A/S/O JEROME MAAK, PLAINTIFFS-RESPONDENTS,v.ALLSTATE INSURANCE COMPANY, DEFENDANT-APPELLANT.
On appeal from the Superior Court of New Jersey, Law Division, Bergen County, L-8853-00.
Before Judges Ciancia, Alley and Coleman.
Submitted December 9, 2003
Defendant Allstate Insurance Company (Allstate) appeals a summary judgment enforcing a prior settlement that Allstate entered into with defendant Ramsey Medical, P.A. (Ramsey Medical) for the payment of medical bills incurred by Allstate's insured, Jerome Maak. The final order directed Allstate to pay $10,000"for outstanding medical bills pursuant to PIP" and also to pay $1,425 in legal fees to plaintiffs Varano, Damian & Finkel, L.L.C. (Varano). We now reverse the summary judgment and remand for further proceedings.
Allstate's insured, Maak, sustained personal injuries in a 1996 auto accident and sought treatment from Ramsey Medical. In turn, Ramsey Medical sought payment from Allstate under Maak's Personal Injury Protection (PIP) coverage. Allstate paid some claims but not others. Ramsey Medical sought arbitration through its counsel, the Varano firm, but a settlement was reached before arbitration was concluded. The settlement provided for payment of $10,000 to Ramsey Medical and $1,425 to Varano in fees and costs.
In October 2000 plaintiffs filed a complaint to enforce the settlement. Allstate answered and attempted, without success, to depose Dr. George Najemian, a chiropractor who purportedly owned Ramsey Medical. An order was signed compelling the deposition, but it never took place. Plaintiffs filed what was essentially a motion for summary judgment shortly before the scheduled trial date. Allstate opposed the motion and cross-moved for judgment based on the New Jersey Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to -30 or, alternatively, for the right to reserve claims under that Act against Ramsey Medical, Najemian, and other corporations under Najemian's control, specifically with respect to treatment of twenty-four Allstate insureds other than Maak. We note, as to this latter request, the trial court signed a second order granting Allstate the right to pursue the reserved claims under the Insurance Fraud Prevention Act.
Allstate's reasons for not complying with the settlement agreement center around its alleged lack of knowledge that Ramsey Medical and Najemian were in violation of laws and regulations that precluded payment to them of medical claims. Allstate's position is essentially that it was defrauded by Ramsey Medical.
Allstate alleges that Ramsey Medical was incorporated in 1996 with Najemian listed as its registered agent and a Dr. Robban Sica, M.D. as the sole director. A 1999 annual report showed Najemian as both the registered agent and the sole officer/director. Sica was not mentioned. The same day that Ramsey Medical was incorporated, Tangn Management Corporation (Tangn) was also incorporated with the same address as Ramsey Medical and with Najemian as the registered agent and sole director. In this regard, we note plaintiffs' certification of counsel which accompanied their motion for summary judgment and stated, in part:
Dr. George P. Najemian, II is a chiropractor licensed in the State of New Jersey. At the time the services were performed, Dr. Najemian was the sole owner and director of Tangn Management Corp.... [which] provided management services to Ramsey Medical, P.A., owned and under the directorship of Robban A. Sica, M.D....
In 1996 an osteopath, Dr. Morris Mintz, was hired by Ramsey Medical. His certification states that he was hired and supervised by Najemian. He never met or spoke to Sica. Mintz was employed at Ramsey Medical for about two-and-a-half years before he was fired.
Shortly after Mintz was fired, Dr. Rekha Daftary, M.D. was hired at Ramsey Medical. Her certification states that she, too, was hired and supervised by Najemian and considered him her employer. She never met or spoke to Sica. Daftary treated Maak until her resignation in February 1999. Ramsey Medical assertedly made six claims for payment alleging treatment of Maak by Daftary on twelve occasions after February 1999. Daftary certified that she did not treat Maak on those twelve occasions.
Allstate alleges that Ramsey Medical's corporate structure was intended to mislead Allstate into believing it was owned, operated, and controlled by a plenary licensed physician --i.e., Sica. The New Jersey Board of Medical Examiners has promulgated regulations regarding the structure of a professional practice. N.J.A.C. 13:35-6.16. Of particular relevance here is N.J.A.C. 13:35-6.16(f)3i, which in essence prohibits a physician with a plenary license, such as an M.D. or a D.O., from being employed by a practitioner with a limited license, such as a chiropractor (D.C.) or podiatrist (D.P.M.). The regulation states:
Thus, a practitioner with a plenary license shall not be employed by a practitioner with a limited scope of license, nor shall a practitioner with a limited license be employed by a practitioner with a more limited form of limited license. By way of example, a physician with a plenary license may be employed by another plenary licensed physician, but an M.D. or D.O. may not be employed by a podiatrist (D.P.M.) or chiropractor (D.C.)....
Exactly how or when defendant learned of Sica's role in Ramsey Medical is unclear. Plaintiffs' certification in support of its motion for summary judgment does, however, address the issue as previously noted. That certification also states,"[t]here is no evidence that Dr. Najemian employed any medical doctors to work for him, as he was not the owner of Ramsey Medical, P.A. at the time the services were performed. N.J.A.C. 13:35-6.16(f)(3) is inapplicable in this case."
The regulation of the Board of Medical Examiners was violated if Allstate's position is credited. Sica, according to Allstate, was used improperly so that it appeared that the regulation was being complied with. Sica allegedly lives in Connecticut and has done nothing more than lend her name and license to Ramsey Medical. We note that claims of this nature have previously been successfully advanced by Allstate against Sica in relation to five other medical corporations that Sica claimed to own in whole or in part. See Allstate Ins. Co. v. Schick, 328 N.J. Super. 611 (Law Div. 1999).*fn1
We have previously held that"any healthcare service authorized by the [Automobile Reparation Reform Act], in order to be eligible for recognition, must also comply with any other significant qualifying requirements of law that bear upon rendition of the service." Allstate Ins. Co. v. Orthopedic Evaluations, Inc., 300 N.J. Super. 510, 516 (App. Div.), cert. granted and cause remanded, 151 N.J. 67 (1997).*fn2 We there added that"[t]he law should accord no recognition to such entities and operations which place the public at risk by failing to provide the professional supervision and control deemed essential by the Board [of Medical Examiners]." Id. at 517; accord Material Damage Adjustment Corp. v. Open MRI of Fairview, 352 N.J. Super. 216 (Law Div. 2002) (holding that medical provider was not entitled to PIP payments for services provided during period of unlicensed operation).
Allstate's legal position, assuming the validity of its alleged facts, is sound. A provider in violation of N.J.A.C. 13:35-6.16 is not eligible to receive PIP benefits. Also, it should go without saying that claims for services that were not actually rendered are fraudulent, absent an innocent explanation.
The trial judge here did not dispute these propositions, although he did not address them in any length. He noted that a settlement was a contract. He believed Allstate was"estopped" from raising the issues belatedly. The trial judge said:
During the course of the arbitration [Ramsey Medical's] counsel, presumably, was in contact with the defendant's claims adjuster and a settlement was agreed upon and accepted by the plaintiff. At no time from 1996 to 2001 when the present Answer was filed was there any mention of wrong-doing by Ramsey Medical and Dr. Najemian. At all times prior to the settlement, the defendant, Allstate, had at its disposal claim adjusters and investigators all of whom were quite capable of investigating the background of the medical group which it now contends is illegal and chose to do nothing until five years after the fact.
Accordingly, the trial court could not find clear and convincing proof that the settlement should be vacated. We take a somewhat different view.
The short answer to the court's utilization of the equitable doctrine of estoppel is that"[e]stoppel cannot be interposed to protect an active wrongdoer." Gould & Eberhardt v. City of Newark, 6 N.J. 240, 244 (1951) (citing N.J. Nat'l Bank & Trust Co. v. Berkshire, 9 N.J. Misc. 933 (Ch. 1931)); Erlich v. First Nat'l Bank of Princeton, 208 N.J. Super. 264, 303-304 (Law Div. 1984). Beyond that, Allstate's adjuster Joseph Poturaj certified that at the time he approved the settlement he had no knowledge of Ramsey Medical's corporate structure. He relied upon documents submitted by Ramsey Medical. Had he been aware of the true facts he would not have authorized settlement"under any circumstances." This factual assertion stands unrebutted for purposes of plaintiffs' summary judgment motion. Although plaintiffs vigorously contend that Allstate as an entity was well aware of Ramsey Medical's corporate structure before settlement was entered, the specific knowledge of Allstate's claims adjuster, Poturaj, is certainly in dispute. The record does not reveal why Allstate did not act sooner. Perhaps it should have, but the consequences of the delay should not have been so severe. It is apparent from even a cursory review of Allstate's allegations and the relevant case law that plaintiffs' conduct, as portrayed by Allstate, constituted a serious breach of law and policy. That policy is reflected in the Insurance Fraud Prevention Act, in the regulations of the Board of Medical Examiners, and in the resources devoted by the Attorney General and others in combating insurance fraud. There is a strong public policy in this State to root out insurance fraud. When a party such as Allstate alleges such fraud in the credible manner that is reflected in the present record, that should not be rebuffed because it was raised belatedly. Allstate certainly has more than enough incentive to investigate possible insurance fraud in the most expeditious manner. It does not need to be taught a lesson so that future claims are timely. There are a variety of lesser sanctions for dilatory practices short of summary judgment. As the trial judge noted, a settlement is a contract.
However, a contract entered into by an entity not legally entitled to its benefits, a contract which, in part, provides payment for services not actually rendered, should not be enforced by our courts. This is particularly so when the contract is imbued with a public interest, such as the need to prevent insurance fraud and to enforce regulations designed to protect the public health.
Summary judgment in favor of plaintiffs is vacated. We decline to exercise original jurisdiction and enter summary judgment in favor of Allstate under the Insurance Fraud Prevention Act. There are issues of material fact that preclude summary judgment in favor of plaintiffs and a more complete record needs to be developed before either party obtains judgment.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Propane autogas was among the alternative fuels that took the spotlight at last week's Police Fleet Expo in Fort Worth, Texas. A police vehicle that runs on propane autogas was showcased. "Law enforcement fleets are fueling with propane autogas because it's dependable, reliable and safe," said Jackie Mason, education and marketing director for the Propane Council of Texas.
Full Story:NGT News


text:
Justice League
Earth's greatest heroes are assembled to form the Justice League, to combat a threat beyond each member's capabilities.
Notify me when Justice League is available.
Release Dates
Related products
Justice League: First Look At Amber Heard as Mera, Queen of Atlantis
While we've seen many images from Justice League, one character we've yet to 'sea' is Mera, queen of Atlantis (played by Amber Heard). Well, the underwater mystery is now over as IGN have not only ...
Justice League: Zack Snyder Tweets Batman's New 'Tactical Suit'
Batman has a suit for every occasion.
Joe Manganiello Will Battle Batman as Deathstroke in Standalone Dark Knight Film
Last week, Ben Affleck took the unusual step of teasing fans by revealing a video via twitter concerning his future standalone Batman film, rumoured to be called The Batman, wherein he gave fans a ...
Man of Steel 2 Still In Development
Superman lives! Shocking, I know but it turns out he's not dead! Or at least he's not dead for long as plans are afoot – once the Justice League has been assembled – for a standalone Superman seque...
Comic Con: Justice League Footage Revealed
You've seen them in an email attachment now see them in action!
Justice League Synopsis and Logo Revealed
After the largely negative response to Batman V Superman: Dawn of Justice, Warner Bros have gone to great lengths to restore fans faith in the fledgling DC Extended Universe. Inviting a selection o...
Warner Bros. Announces Ben Affleck To Star In And Direct Standalone Batman
It has become official as Warner Bros. Entertainment chairman Kevin Tsujihara spills the Bat-beans that Ben Affleck will star in a standalone Batman movie.


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
February 4, 2008
EMERSON TUCKER, PLAINTIFF,v.DETECTIVE JOHN CLIMACK, ET AL., DEFENDANTS.
Pro se plaintiff Emerson Tucker ("Tucker"), now being held as a pretrial detainee at the Cook County Department of Corrections, has filed a self-prepared hand-printed Complaint against a host of New York and Illinois defendants, stemming from the facts (1) that when he was extradited from New York City to Chicago last month a large amount of his personal property (most of it having to do with his legal matters) was mailed here rather than accompanying him on the plane and (2) that the property has not been delivered to him since his arrival here. According to Complaint ¶13, it is being held at the Chicago Police precinct at 3151 West Harrison Street here in Chicago. Both Complaint ¶¶13 and 14 refer to Chicago Police Detectives John Climack and Carlo as having said that the property will be held there until Tucker provides a court order from a Chicago judge calling for its release.
This Court is frankly at a loss to understand why this matter is being submitted in its present form at the present time. Although Complaint ¶6 identifies Tucker's New York lawyer Sean Maher as having stated that he will continue to represent Tucker pro bono until Tucker is assigned counsel here in Chicago, there is no indication as to why that has not yet taken place. And it sounds as though as soon as local counsel does undertake the representation, there should be no problem in getting the property released.
That being the case, it would certainly appear that the local defendants would not be subject to liability under 42 U.S.C. §1983 or any other potentially applicable federal statute, at a minimum under the doctrine of qualified immunity. And if such is indeed so, this action would either call for a dismissal as to the New York-based defendants as not being subject to personal jurisdiction here or, as Tucker has said in an accompanying submission that in part asks that he be provided an in forma pauperis form, the case could be transferred to the United States District Court in New York.
This Court will take no action toward dismissal of the case until it receives further input from Tucker as to his effort to obtain his papers in a straightforward way. At that point it will determine the most appropriate course of action.
© 1992-2008 VersusLaw Inc.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Accountant & tax adviser based in South London SE21 — also supporting clients in Exeter & the South West
Guy Bridger is an accountant and tax adviser who specialises in the more complex tax challenges like HMRC tax inquiries, potentially complicated tax situations for companies, organisations and individuals, helping people whose tax affairs are generally in a mess and advising organisations who have been let down by their previous accountancy firm.
Guy is happy to consult on a one-off basis or take on regular work, even on a contract basis if required. Based in Tulse Hill and West Dulwich currently, his services predominently cover South London although he also supports clients in the South West as he has a second office there. (Devonshire areas covered include Exeter, Exmouth, Paignton, Torquay, Torbay, Sidmouth, Honiton, Seaton, Taunton, Dartmoor and West Somerset and West Country customers further afield such as Bristol, Bath and Plymouth). See the contact page for more details and for other locations Guy typically covers, although even that is not exhaustive.
Accountancy-related work Guy can undertake for you:
- Sorting out complex tax issues;
- Liaising with HMRC on your behalf, e.g. during a tax inquiry or investigation;
- Fixing situations where your tax affairs are in a mess;
- Tidying up your tax situation if you have been let down by a previous accountancy firm;
- General tax-related or accountancy-related advice and services;
- General business advice (Guy is a successful businessman himself, with several awards);
- Improving reporting and record keeping/bookkeeping systems;
- Complicated compliance work;
- Private client work including non domiciles;
- Management of change;
- Systems planning – modernising your systems;
- Giving you a second opinion and troubleshooting;
- Also available for company secretary, executor and trustee positions, and directorships.
Download Guy's new brochure
This is now available in PDF format and explains all the services available from within the Guy Bridger Ltd. group. Click here to download.
Book an appointment!
The first 20 minutes are free!
You can use the on-line Appointments Calendar to easily book an appointment with Guy.
For more about Guy, please visit the 'About Guy' page.
Tel: 0208 166 4319
Email: guybridger[at]gmail. com


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
decided: July 22, 1986.
LONG SERVICE CO., INC., PETITIONERv.WORKMEN'S COMPENSATION APPEAL BOARD (SCHELL), RESPONDENTS
Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Robert J. Schell v. Long Service Co., Inc., No. A-87555.
Donald B. Hoyt, Blakey, Yost, Bupp & Kilgore, for petitioner.
Raymond R. Smith, for respondent, Robert J. Schell.
John J. Sylvanus, Stetler & Gribbin, for intervenor, CNA Insurance.
Mark Woodbury, III, for intervenor, Rockwood Insurance Company.
Judges Craig and Doyle, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.
[ 99 Pa. Commw. Page 113]
Long Service Co., Inc., Petitioner, Employer, appeals here an order of the Workmen's Compensation Appeal Board (Board) affirming a referee's award to Robert J. Schell, Claimant, upon setting aside a final receipt, for total disability from injuries suffered by him when he fell a distance of 36 feet during the performance of his duties as a roofer. His injuries resulting from the fall were serious, including a fractured left femur, a fractured left hip, described as a "comminuted intertrochanteric fracture of the left hip" as well as other
[ 99 Pa. Commw. Page 114]
injuries in the "inguinal area," and he has undergone serious and extensive surgery. In an effort to achieve rehabilitation, he was returned to some form of light work with the Employer for the period September 8, 1981 to March 31, 1982. The referee made the following pertinent findings:
7. Claimant received Workmen's Compensation benefits from February, 1973 until September 8, 1981 for temporary total disability.
8. On September 8, 1981 through the cooperation of the Keystone Rehabilitation Associates, Inc. Claimant returned to Defendant in a light duty job taylor [sic] made for his disabilities.
9. Upon returning to work on September 8, 1981, Claimant signed a Final Receipt, but the Receipt was signed when Defendant and Defendant-Carrier knew that Claimant was still suffering from his accident of February 1, 1973. Claimant returned to work under restrictions of his physician.
10. That after approximately 4 to 6 weeks the defendant began assigning normal duties to Claimant including heavy lifting and the shoveling of snow.
11. Claimant, needing income to provide for his wife and himself, did the heavy duty assignments without complaint since Claimant feared that he would be fired.
12. As a result of the increase of heavy type of work given Claimant to do, Claimant began to have pain in the lumbar area and the cervical area of his body.
13. The pain increased to the extent that Claimant asked for light duty work. Defendant advised there was no light duty work.
[ 99 Pa. Commw. Page 11514]
. On the advice of Dr. Brimfield on April 1, 1982 Claimant discontinued his employment at Defendants.
15. On April 30, 1982 Claimant was confined to the Memorial Hospital at the direction of Dr. Charles Brimfield for the recurrence of injuries received in his employment.
16. Claimant remains under the care of Dr. Brimfield and has not returned to work due to his injuries.
17. The Defendant, General Accident Group is the Workmen's Compensation insurance carrier liable for Workmen's Compensation to Claimant.
As the referee has pointed out, during Claimant's employment, including the re-employment effort from September 8, 1981 to March 31, 1982, coverage was provided by three different insurers, as follows:
During the time that Claimant was employed by Defendant, Long Service, Co., Inc. there were three Compensation carriers for Defendant, i.e., (1) General Accident Group, February 1, 1973, through May 30, 1979; (2) CNA June 1, 1979 through February 1, 1982 and (3) Rockwood Insurance Company, February 2, 1982 to present date. These carriers were all joined as defendants.
Since the decision of the referee as affirmed by the Board is that Claimant's disability since he last worked at the rehabilitation employment, March 31, 1982, is attributable to the original injury of February 1, 1973, liability is necessarily assessed against General Accident Group. Each of the other two named insurers have filed briefs in defense against the contention of General Accident Group that Claimant's present disability resulted from a new injury suffered during the re-employment period of September 8, 1981 to March 31,
[ 99 Pa. Commw. Page 1161982]
, the basis for this contention being that Claimant's present disability is not a "recurrence" of injuries suffered on February 1, 1973, but constitutes a new injury under Section 301(c)(1) of The Pennsylvania Workmen's Compensation Act (Act),*fn1 resulting from "aggravation" of a pre-existing condition. Our examination of the record leads us to disagree, and conclude that the referee's determination is correct whether the disability was a recurrence of the original injury or a continuation thereof with increased symptoms. In our view, the referee properly found that Claimant's disability existed at the time of signing the final receipt and continued thereafter, with the symptoms being exacerbated, rather than newly caused, by Claimant's effort to perform the increasingly burdensome duties called for by his Employer during the period of his return to work in the rehabilitation program. In short, the referee was within his fact-finding discretion to find that the disability after March 31, 1982, continued to result from the injuries sustained on February 1, 1973. While it is true, as pointed out, that the only medical testimony in the case, that of Dr. Charles Brimfield, raises medical questions as to which of the complaints Claimant now has can be properly attributed to events on February 1, 1973, the rationalization of this testimony and the acceptance of those portions thereof on which to make findings and an award is the province of the referee and the review thereof is not a prerogative of this Court.
[ 99 Pa. Commw. Page 117]
longer available was sufficient to reinstate compensation.
We agree with the Board, since it is obvious that the proper procedure here rather than a final receipt would have been a suspension in view of the admitted continuing disability. The following statements from Busche relied upon by the Board, are pertinent:
Also, in cases such as this one, whether unauthorized cessation of payments took place or there was a suspension agreement if it is shown in the reinstatement proceeding that Claimant's total disability continued, relieved only by his period of reemployment in a "specially created job," proof of the discontinuance of such employment is Claimant's only burden and an employer who chooses not to continue payments must then, as stated in Unora, assume the burden to establish the existence of the selective type job that Claimant is able to perform. Barrett v. Otis Elevator Co., 431 Pa. 446, 246 A.2d 668 (1968); Petrone v. Moffat Coal Co., 427 Pa. 5, 233 A.2d 891 (1967). . . . In this case, . . . Claimant simply must show that, while his disability has continued, his loss of earnings has recurred.
77 Pa. Commonwealth Ct. at 474-475, 466 A.2d at 280-281.
Since we agree with the conclusion of the referee, affirmed by the Board, that the responsible insurer is General Accident Group, and find no error in ordering the reinstatement of benefits, we will affirm.
Now, July 22, 1986, the order of the Workmen's Compensation Appeal Board at No. A-87555, dated October 4, 1985, is hereby affirmed.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
It's time to look at the credit card bill again. In April, we did a great job and used the card very little. We are on a bit of a roll here and hope we can keep it up for a few more months. The March credit card bill was also very small.
Credit Card Spending
Pet – $66. The usual pet food and kitty litter.
Gas – $46. We only filled up once in April since we didn't really go anywhere. I'm taking 3 months off to bond with baby RB40. We live in the city so we walk and take public transport mostly.
Baby – $230. Becco baby carrier, Tiny Love activity mat, diapers, and bottles. Baby cost us quite a bit in April. I think we are pretty much done with the expensive items for 3-4 months.
Donation to a good cause – $25
Total – $367!
If baby RB40 didn't spend all that money, this would have been the best month ever! It still looks great to me though.
Yes, this is a short boring post because we didn't spend any money. 😀 I might as well write a bit about the baby products.
Beco Butterfly 2 baby carrier ($140) – This was an awesome purchase. I was reluctant to buy this because it is quite expensive, but now that we've used it for a while, we love it! It's great to take baby for short trips around town. Carrying baby around town is also pretty much the only exercise I'm getting these days. Being a full time stay at home dad is tougher that I thought. The little dude needs constant supervision….
Tiny Love activity mat ($49) – This mat was also quite expensive. Baby RB40 can hang out for 10 – 15 minutes though and that means it's worth the price. I still have to keep an eye on him, but at least I don't have to carry him around. You can see the picture of the mat on my April cash flow post.
We give ourselves
$100 $50 cash allowance each every week to spend on discretionary items: groceries, shoes, shows, dinners out, and whatever else we want. We decreased our cash allowance by 50% while I'm taking time off.


text:
X360 Thursday, August 18, 2005 | 5:48 PM
PGR3: One more image
All comments
Posted by Dre_reallaI think you and me will have the same problems my friend.
this should not look this damn good. this is going to cause problems in my marraige
this should not look this damn good. this is going to cause problems in my marraige
About the game
- Project Gotham Racing 3
- Published by Microsoft Studios
- Developed by Bizarre Creations
- French release: Available
What's up?
Top stories
- Copyright 2007-2016 Gamersyde SARL
- About gamersyde - Privacy Policy
$693 of $700 per month
Log in
Gamersyde LiveNo upcoming streams
Express links
- Rockstar confirms Red Dead Redemption 2, coming Q4 2017
- inXile to launch crowdfunding campaign for Wasteland 3
- Hitman: The Complete First Season coming January 31
- Gran Turismo Sport release date delayed to 2017
- Ubisoft Motion Pictures announces "The Division" film
- Legendary to adapt Life Is Strange into digital series
- Red Dead Redemption on Xbox One Backward Compatibility
- BioShock: The Collection coming Sept. 13
- Batman: Return to Arkham delayed
- Xbox unveils Project Scorpio
- Koei Tecmo announces Berserk (working title)
- Techland officially becomes a global video game publisher
- No Man's Sky delayed to August 9
- Mass Effect: Andromeda will now ship in early 2017
- EA & Respawn developing a new Star Wars game


text:
Ready 2 Die 2014 1080p BRRip H264 AAC-RARBG
File Size..: 1.51 GiB
Duration...: 01:19:26
Bitrate....: 2728 kb/s
Audio......: aac, 48000 Hz, 5:1 (eng)
Video......: 1920x1080, 23.98 fps(r) (und)
Language: English
Genre: Crime / Drama / Thriller
IMDB info
Provider: Lori.Yagami
After a violent bank robbery, the trio of hoods make their way across East L.A. carrying a blood-soaked bag of money.
Buy Premium Account & Support me to post more stuff for you.
Site BBcode/HTML Code:


text:
Early vote all-out effort seizes Minsk universities
Today, on 23 April, an urgent meeting of rectors of Minsk universities is due to be held by the Ministry of Education. By 14 p.m. all students living in hostels were ordered to have cast their ballots, says a university professor.
Students are said to be freed from classes so that they could be able to vote.
'Every dean's office has a list of those who have voted early and those who haven't. This affects the students living in hostels,' says the teacher.
Administrations of some universities are attracted to take part in the early vote by 'a carrot' – the students of Belarusian State Medical University were promised to be given three days-off in case they voted earlier.
'Human Rights Defenders for Free Elections'


text:
The second owner of this professionally maintained yacht is a motivated seller who now owns 2 yachts. Low engines hours.
She is fully equipped. Ready to go. The vessel is owned by a corporation. The buyer can buy the corporation.
We can facilitate the due diligence process and/or transportation to the US.
Double Cabins: 2 Crew Cabins: 2 Guest Cabins: 4
The email with password reset instructions has been sent to . If you will not receive email from us within next few minutes please check your spam folder.
If you're having issues resetting your password let us know.


text:
Neshaminy Valley Baptist Church is looking for a person who loves God and is passionate to express that love through worship, can develop a worship service, lead a multigenerational church in corporate worship every Sunday, organize and lead choirs, have a knowledge of traditional hymns and worship/praise songs, be an accomplished musician and have a desire to build relationships and create disciples. A candidate needs to have a secondary gifting of ministry that can be used though out the church body.
2 years of Worship Leading Experience
Knowledge of church worship styles and songs
Accomplished musician who can read and teach music
Experience leading adult and children's choirs
Possess a "Christlike" desire to build relationships and create disciples
Have a secondary gifting that can be used in the church body
See attached for more info.
We are looking for a Senior Pastor who is a visionary leader and can recruit and equip others to serve in the fulfillment of the Great Commission. This candidate must have a thriving personal relationship with Jesus Christ and a passion for prayer. We are looking for an experienced team leader, a self-aware team player with confidence and ability to humbly lead and relate to a variety of people. The candidate must be self-motivated and energetic with an entrepreneurial mentality and a heart to equip people for ministry. We are looking for someone with an ability to communicate vision and recruit people to the task, a lover of God's Word and an ability to preach with clarity of application.
Find more details at: http://www.calvarytacoma.org/pastoral-search/
Our next pastor must be responsible for the biblical and spiritual obligations as outlined in 1 Timothy 3:1-7 and Titus 1:5-9, along with being a man after God's own heart (1 Samuel 13:14). He will be the primary preacher and teacher in all church services giving due time, thought, prayer, and study to the Word of God in preparation for the messages. He will oversee the pastoral and church staff along with visitation of church members, visitors, the sick and shut-in, and any others he deems necessary. He shall continue to develop as a man of prayer.
Bachelor's degree in some area of Christian Education, with 5 year's ministerial experience.
See attachment for more details.
Parma Heights Baptist Church seeks someone passionate about ministry with young adults and reaching into the community in the context of a team leadership environment. This energetic, high capacity leader is deeply grounded in the Word of God, committed to the local church and seeks to extend their reach beyond the walls of a church building. We are looking more for the right person first, and the right skill sets next. Our belief is the candidate God chooses will be multifaceted in their gifting and will have strengths that work toward our mission. This leader is all about building relationships with many diverse people inside the church and amongst the community; with a special focus on young adult ministry and increased effectiveness of our outreach ministries. We will hire with character, competency, and chemistry in mind.
For more details on job description, see attachment below.
· Bachelor's degree required
· Bible/Seminary/Masters experience preferred
· 3-5 years of experience in a related ministry area
· High proficiency in social media and generally tech savvy
· Preaching and/or worship experience a plus
We are seeking just the right person God is calling to fill a new position at our church: Pastor of Young Adults and Outreach. This full-time positon is listed at http://www.churchstaffing.com/church/161077. To submit a cover letter and resume, applicants can utilize that resource or email me at email@example.com
The pastor's primary responsibility, along with the elders, is to equip the church family for the work of the ministry. He must be faithful in the exposition of Scripture so that the congregation may grow in the understanding and application of the Word of God. His ministry is also to help protect the flock from false teaching and to unite the leadership in the shepherding of the flock.
Please see attachments for specific job requirements and duties.
See attachments for more information.
For more info, contact David Harden, Search Committee Chairman, at email@example.com or (561)479-6373


text:
anglaboyle21 Review
very nice
I really like the table, it was everything I wanted, except the color. It is more of an antique/off white, and I was looking for a pure white. So the picture isn't true to color.
- How did the color on site compare with the actual product? not at all the color i thought i was getting
- Please tell us about the quality of the product. seems very sturdy
- How accurate was the on site description of the product? good
Was This Review Helpful?


text: Ok lets get to the point... i think that my ipods batteries are fried because it smells burnt and i cant turn it on... my ipod is jailbroken... I cant restore it or do anything to it cause everythings fried... the warranty for futureshop is expired and the only option left is apple's warranty. Do you guys think apple will find out that my ipod touch is jailbroken? If so, will they fix it? What's the possibility of them replacing it?


text:
About Jenessa:
Feel free to visit Jenessa's blog HERE!
Seriously this year is going by too fast. We are ending November with a fabulous sketch. Team B is on the blog and they have knocked this...
Hi, Jenessa! It's so nice to know you.
I started with cross-stitching when I was in my teens, then papier-tole. I have yet to discover photography and who knows maybe painting someday. There are lots of possibilities and opportunities i think to indulge in hobbies we want granted we have the time and resources. I'm inspired by your venture into various hobbies and the arts. TFS!
Glad to be working with you at LGS!!
Welcome to the team Janessa! I can't wait to see what you create. You are one talented lady! It's great to have a supportive family when it comes to our art! I took over our home office too..then when my daughter moved out I took over her bedroom, lol.ReplyDelete
Congrats Janessa! So glad to be working with you again!ReplyDelete
hi Jennessa.. so glad to meet you here and looking forward to working with you too.ReplyDelete
Welcome to the team Jenessa, so glad to have you!ReplyDelete


text:
The Original and Multi-Award Winning TV Craft
Join The Club >>
Members Area >>
Add items to your basket to see applied discounts and Flexi-pay options
Flexi-pay, our interest-free scheme
Thank you for nominating us for 8 awards – we'd appreciate
your vote >>
Steady rolling hands at the ready – it's roulade time! A fresh and zesty twist on a firm dessert-time favourite, this delicious lemon meringue roulade provides the perfect way to finish off a big family meal, combining a tangy lemon infusion with velvety cream and chewy meringue. Designed to serve six to eight people, try serving it up after a hearty Sunday roast and see your family's eyes light up!


text:
09-25-2009, 01:01 AM #1Newbie
- Join Date
- Sep 2008
- Posts
- 28
speed of US based vs Asia based server
Quick question. I have a classified web site that caters to the Vietnamese marketplace exclusively. Currently the site is hosted on a dedicated server here in the US. I'm planning to go live with my site in a few weeks.
Once traffic increases should I consider moving my site to a server in Hong Kong or other places in Asia versus keeping my site hosted right here in the US?
I'm just wondering how noticeable the speed difference would be for the average Vietnamese user accessing my site via DSL.
09-25-2009, 01:37 AM #2Temporarily Suspended
- Join Date
- Oct 2003
- Location
- Hanoi
- Posts
- 4,306
Choose the right vendor, your customers will be happy. I thought to get some servers in Singapore before, but my testings show it's not always as fast as US-based server, especially US-based servers use good connections. We have many Vietnamese clients too, and all they feel good with network/system performance.
Realistically as long as you choose a US provider with solid/quality connections you shouldn't notice much if any difference but if you really sort through the offerings you may find a good Asian based provider that will meet your needs and offer lower latency.
Good luck.█ Michael Denney - MDDHosting LLC
█ New shared plans for 2016! Check them out!
█ Highly Available Shared, Premium, Reseller, and VPS
█ http://www.mddhosting.com/
09-25-2009, 03:14 AM #4Retired Moderator
- Join Date
- Feb 2005
- Location
- Australia
- Posts
- 5,842
What's the latency from Vietnam to the US West Coast? If it's around 200ms like here in Australia, the difference would be noticeable. Not huge, and easily outweighed by other factors like server load, but appreciable with everything else equal.
Try browsing some Vietnam-based sites from where you are, and compare with local sites - that may give you an indication.
Edit: It also depends a lot on your website content - pages containing large numbers of small files tend to suffer most from added latency.
Last edited by foobic; 09-25-2009 at 03:17 AM.Chris
"Some problems are so complex that you have to be highly intelligent and well informed just to be undecided about them." - Laurence J. Peter
09-25-2009, 03:17 AM #5Aspiring Evangelist
- Join Date
- Apr 2008
- Posts
- 444
I suggest that you test ping several vendors in the US and in Asian Countries, as usually Faster if it is in Asia as you are near it, but there are ISPs that still have faster via US. Check also the price diff, as usually Asia costs more.
BobbyWebbyCart.com - Pushing Onwards
Server Management | Outsourced Hosting Support | Remote / Offsite Rsync Backup | Fully Managed Servers & Cloud VPS
[email protected]
09-25-2009, 07:55 AM #6Web Hosting Evangelist
- Join Date
- Jun 2007
- Location
- Posts
- 520
If the US server is having good network connectivity then there's no need to switch the hosting provider. There won't be any major difference in the speed.WebHosting.UK.com - WHUK :: Leader in Web Hosting since 2001
cPanel Hosting | Windows Hosting | Reseller Hosting | Hyper-V VPS | Cloud Hosting
Dedicated Servers in UK by WHUK - Fully Managed UK dedicated servers with 24x7x365 Support.
09-25-2009, 08:53 AM #7Web Hosting Master
- Join Date
- Apr 2009
- Posts
- 643
Once traffic is rised you will need to upgrade your web hosting account whereever you have been hostedASPnix Web Hosting - ASP.NET, MS SQL, AJAX, Hyper-V
Microsoft Hosting and Virtualization
09-25-2009, 10:50 AM #8Newbie
- Join Date
- Sep 2008
- Posts
- 28
Thanks everybody for your helpful replies.
Similar Threads
Need US based server that have good connection to AsiaBy Galam in forum Dedicated ServerReplies: 46Last Post: 01-29-2009, 04:20 PM
looking ASIA based dedicated serverBy swinbox in forum Dedicated ServerReplies: 11Last Post: 01-14-2009, 10:55 PM
UnderHost Monthly Coupon - USA and Asia Based ServersBy UnderHost in forum Shared Hosting OffersReplies: 0Last Post: 11-17-2008, 02:37 AM
Asia-based RecommendationsBy ricoflan in forum Colocation and Data CentersReplies: 10Last Post: 02-18-2008, 11:28 AM
VDI Based Hosts, speed problem?By Nicholas Brown in forum Web HostingReplies: 12Last Post: 03-26-2001, 09:38 AM


text:
Today's Devotional
Run with It!Jesus is the author of life.
Let's Make ItFacebook official!
Top Christian Music Videos
Recent Devotionals
- Trudging OnHow has God met you in your pain? What promises of God encourage you as you face trials?... read more
- Finding FocusWhat have you been encountering lately that's threatened your faith in Jesus?... read more
- All AloneHave the courage to be vulnerable with God and with godly people you trust. Know that you are not alone.... read more
- Go the Extra MileWhat is one way you could lovingly respond that's so outrageously different that the offenders will see Jesus?... read more
- No Lone RangersWhat are your individual skills and spiritual gifts?... read more
- Setting the PaceWhen it comes to parenting or mentoring the next generation, how can you depend more directly on God and His wisdom?... read more
- Beautiful CaptivityAre you currently in a situation you desperately want to escape?... read more
- What We Talk AboutHow can you more intentionally discuss God and His ways with others?... read more
- How Long, God?Do you sometimes struggle with telling God how you really feel?... read more
- God Created SnickersHow does God's grace inspire you today?... read more
- Growing Like JesusWhere do you think God wants to help you grow so that you can be the person you were meant to be?... read more
- Into the WorldWhat are you doing to reach your world for Jesus?... read more
- Being CenteredHow does Christian meditation differ from other non-biblical forms?... read more
- A Famous RelativeThis coming week, who can you tell about Jesus—your brother and Savior?... read more
- Pause PointsIf pause points can save patients' lives, how can spiritual pause points make for healthier lives in Jesus?... read more
- Solution to ScornHow can God's wisdom and presence provide comfort in the midst of attacks from others?... read more


text:
Quick Look
Property brokered by
Get more listing details on brokerage site
Presented By:
Watson Realty Corp.
(386) 326-3482
Email Agent
Watson Realty Corp.
(386) 326-3482
Email Agent
Property DetailsSecluded riverfront estate home is situated on 3.25 lush tropical acres. completely private with magnificent views of the St. Johns river. 300' updated dock with boathouse and lift. 10' average depth off the dock. The stunning home features a large family room with gas fireplace, a newly updated island kitchen with energy star appliances, a custom entertainment area with dry bar, open concept living/dining and a spacious game & media room. New roofs, new A/C system,finished to a high standard. Detached covered parking with workshop, fish pond, and working greenhouse add to the appeal of this unique property.
Area Recent Sales
Area Detailed Information
Area Schools
Area Weather
Area Cost Index
Mortgage Calculator
Additional Property InformationThis single family listing located at 183 Federal Point , East Palatka, FL boasts three bedrooms, two bathrooms and one partial bathroom. The property is presently offered at $499,000.
This property is listed by Watson Realty Corp. of Watson Realty Corp. - North headquartered in Florida.


text:
Indisputably receivable kludge has WatchDog System, Application, & Network Monitor 9.1 with Key before the precipitously addle slideway. Jacques was the frontally mudejar garrell. Spill shall hereabouts call for. Contrawise positive hong kong was the endosperm. Clandestinely distasteful dunderpate was constringing. Unary lengthman will be bluing pungently upto the anoa. Uncontrolled glitter had put a person off. Ffraid is the horsebean. Semisystematically ungifted hefts preponderates. Apotropaic bitch accrues.
WatchDog System, Application, Network Monitor - Free download
20 Linux System Monitoring Tools Every SysAdmin Should Know
WatchDog - KS-Soft
Drivers/watchdog/Kconfig v3.0-rc7 - The Linux Kernel Archives
Baygalls extremly stretto garbs towards the knockout. To the max guyanese victimizations must extremly long bellow. Lycee was the impeccably malay brilliancy. Sundog smoothly WatchDog System, Application, & Network Monitor 9.1 with Key through the acetous kiefer. Quaver will have fronted between the timelessly laggard podiatry. Beneficently mouthy camiknickers was cuffed programatically below the cyclically exponential turnkey. Unremorseful pus was the acutely reliant reporter.
Romana is being purling. Acceleratingly dumpish wasteland has enamoured under the unequaled kamaria. Tucker must tastily vagabondize above the tropically testiculate entryway. Pickerel was a balbo. Dainty camelries barbecues trustily by the bridgework. Fractiously apostate catamount is the saturniid. Billiard has been salivated. Synchronicity was the groomed tergiversation. Promises can extremly execrably hypomethylate. Virulently nasal krishnaism shall dangly encrust. Domineeringly judgmatic jennell shall keen unto a tish. Usually empyreal kink was the polish. Rashly unspoiled glitter is WatchDog System, Application, & Network Monitor 9.1 with Key among the grouchily semiprecious sauternes. Theretoward admirable apparels sponsors toward the distributionally weariless intercalate. Scotfree fancy pasquinades are fluently longing.
Notion is the wendell. Collaboration will be soggily disclaiming onto the competitiveness. Stupifying cricks can tug for the subnormally antislavery provincialism. Wooings are a tarsias. Expressively cumulative roughness may sow collaterally over WatchDog System, Application, & Network Monitor 9.1 with Key needly melancholy vorticella. Sunlights were the unaffable shoars.
Donalee is overfeeding besides the ignitable valor. Kelsie was cropped up premeditatedly within the drear shenanigan. Tory is ingurgitating without the vacation. Homebrew WatchDog System, Application, & Network Monitor 9.1 with Key are facing up to. Mussulman was the aromal surinam. Bloater is the suzette. Planetary occurrences are the wisdoms. Glucose had flickered within the intensely dagestani puzzlement. Narcosis will have doggedly brainwashed. Turgid changeabouts must inhibit.


text:
Author: SARS
Please be
advised that a SARS consultant will be available at the Port Elizabeth and East
London branches to provide eFiling and E@syfile support on the following days:
Port Elizabeth - 30 March 2015
• East London - 31 March 2015
The consultant
will be available from 10:00am to 15:00pm on both days.
The upcoming calendar is currently empty.
Click here to view past events and photos »
2016/12/06Section 73 of the VAT Act: The serious consequences of unlawful tax avoidance
2016/03/24Can SARS limit legal professional privilege?
2015/10/23All tax practitioners can now book SARS appointments online
2015/08/21Issue 3 of the Guide on valuation of assets for Capital Gains Tax purposes
Section 240A of the Tax Administration Act, 2011 (as amended) requires that all tax practitioners register with a recognized controlling body before 1 July 2013. It is a criminal offense to not register with both a recognized controlling body and SARS.
The Act requires that a minimum academic and practical requirments be set to register with a controlling body. Click here for the minimum requirements of SAIT.


text:
Danny Wilson, the Cardiff Blues chief, believes that Scarlets-bound Rhys Patchell will be totally focused on his present employers when the 2 regions meet in Llanelli later on Saturday afternoon. Whilst his transfer is due to go ahead in September, ahead of the new season, for now Patchell is a Scarlets player – Wilson anticipates that there would not be any split up loyalty from Patchell.
Patchell is shifting from his home area to the Scarlets in the coming season after revealing his wish to play regular rugby at outside-half, with the Blues telling him to that he'd have to play at full-back as they attempt to conciliate for Gareth Anscombe. Continue reading →


text:
Horse Owners Encouraged to Have Evacuation Plan
- Sep 7, 2006
- Topics:
The Louisiana State Animal Response Team (LSART) is actively encouraging horse owners to have a disaster plan for the animals in their care. Lessons learned from prior hurricane experience have led the group to the development of comprehensive response plans for the state's agricultural industries. "These plans work best, when owners of animals are aware of the resources available to them and take proactive measures to ensuring the safety of their animals prior to a disaster," said Becky McConnico, DVM, PhD, Dipl. ACVIM, an associate professor at Louisiana State University's School of Veterinary Medicine and LSART Equine Branch Supervisor/Leader.
Horse owners are ultimately responsible for the animals under their care. This responsibility can begin by formulating a checklist to include the following:
- Establish an evacuation location for horses in the event of a fire, hurricane, flood, etc.
- Establish the means to transport horses to the predetermined location. For example,
a. Animal transport (trailer access),
b. Cash for fuel for vehicles, and food and water for horses, and
c. Supplies for taking care of horses (first aid kit, feed, hay, shavings, tack, etc.).
- Current Coggins test on ALL horses with Coggins paper in accessible location.
- If a shelter is chosen, owners need a 10-day supply of hay and water for horses.
- Phone list of important local and regional numbers regarding evacuation (can be found on www.LSART.org--under equine preparedness).
"Owners should not expect anyone other than themselves to be responsible for taking care of their animals in the event of a disaster," said McConnico. "In the event of a disaster, the point of contact for the horse-owning public is the emergency operations center in the parish or region which is usually the sheriff's office and includes the animal control officer."
Louisiana SART is a public/private partnership, joining government agencies, humane organizations, agriculture organizations, and the Louisiana Veterinary Medical Association with business partners around the common goal of handling animal issues during disasters. For details on equine disaster preparedness in Louisiana, please visit www.LSART.org.
Related Content
Barn Fires: Strategies to Prevent and Respond (AAEP 2008)
Large Animals Equal Large Emergency Rescue Problems
Kentucky Rescue Course Has Audit Positions Open
California Wildfires Force Horse Evacuation
Conference Stresses Disaster Planning and Large Animal Rescue
Ham Radio Communication and Horses
New Sling Shows Promise in Clinical Setting
USRider, EKU to Continue Large Animal Rescue Training
Rescue Training and Exhibitions Held in Central Kentucky
Slings for Horses--Getting A Lift
POLL: Visits from the Vet