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Older patients with cirrhosis have significant functional disability, require twice the amount of informal caregiving, and contribute added strain on the health care system, according to U-M research published in Hepatology.
Given the increase in obesity and aging of those with hepatitis C (HCV), researchers expect the prevalence of cirrhosis to climb among older Americans.
Cirrhosis is a chronic condition that causes the liver to slowly deteriorate, with scar tissue replacing healthy tissue and impairing liver function. Studies have shown that non-alcoholic fatty liver disease (NAFLD) — ranging in severity from fatty liver to nonalcoholic steatohepatitis (NASH) to cirrhosis — has become the most prevalent cause of chronic liver disease worldwide, affecting up to 30 percent of the general population and found in 75 percent of obese individuals. The Action Plan for Liver Disease Research estimates that 5.5 million Americans have chronic liver disease or cirrhosis, which is one of the most expensive digestive diseases costing $1.6 billion annually in healthcare costs and lost work days.
"With the obesity epidemic contributing to a rise in NAFLD cases along with the aging HCV patient population, cirrhosis among the elderly is expected to become increasingly prevalent," says Mina Rakoski, M.D., a transplant Hepatology fellow in the University of Michigan Medical School's Division of Gastroenterology and Hepatology and lead author of the study.
"Therefore, understanding the health and economic burden on older cirrhotic patients, their caregivers, and the health system is extremely important."
Rakoski and U-M colleagues identified 317 patients with cirrhosis and 951 age-matched individuals without the disease from the Health and Retirement Study and Medicare claims files. Researchers assessed patients' health status and informal caregiving, measured by hours of care and associated cost.
Study results reveal that patients with cirrhosis were more likely to be Hispanic, have less education, and have lower net worth. Older cirrhotic patients had worse self-reported health status and more medical co-morbidities compared to those without the disease. Utilization of health care services, including physician visits, nursing home stays and hospitalizations, was more than double in those with cirrhosis compared to non-cirrhotic peers.
Greater functional disability was also significant among those with cirrhosis as measured by activities of daily living and instrumental activities of daily living. Given their inability to perform common everyday tasks, it is not surprising that informal caregiving was much higher in individuals with cirrhosis — twice the number of informal caregiving hours per week at an annual cost of $4,700 per person — compared to their elderly counterparts without the disease.
"Our population-based study confirms that cirrhosis in the elderly poses a significant burden to patients and their caregivers in terms of health-related and economic costs," says Rakoski. "A greater focus on comprehensive delivery of patient care by involving caregivers and improving care coordination will help to optimize disease management for older cirrhotic patients."
The authors recommend that future studies should investigate the impact of functional disability on outcomes such as hospital readmission and mortality in older patients with cirrhosis.
Hepatology is the official journal of the American Association for the Study of Liver Diseases.
Additional authors: All from University of Michigan. Ryan J. McCammon, John D. Piette, Theodore J. Iwashyna, Jorge A. Marrero, Anna S. Lok, Kenneth M. Langa and Michael L. Volk.
Journal citation: DOI: 10.1002/hep.24616
This study is published in Hepatology. Media wishing to receive a PDF of this article may contact firstname.lastname@example.com.
About U-M's Division of Gastroenterology: U-M is one of the largest gastroenterology practices in the country and is a leader in the prevention, diagnosis, and treatment of diseases of the gastrointestinal tract and liver. Our 50-plus physicians are experts in the diagnosis and treatment of all diseases of the gastrointestinal system, from simple to complex, including those of the esophagus, stomach, small intestine, colon, rectum, liver, gallbladder, pancreas and biliary tract.
Mary F. Masson | EurekAlert!
Further information:
Further reports about: > Antidepressants > Disease > Gastroenterology > HCV > Hepatology > NAFLD > chronic liver disease > fatty liver > functional disability > health care > health status > liver > liver disease > treatment of disease
NTU scientists build new ultrasound device using 3-D printing technology
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In recent years, lasers with ultrashort pulses (USP) down to the femtosecond range have become established on an industrial scale. They could advance some applications with the much-lauded "cold ablation" – if that meant they would then achieve more throughput. A new generation of process engineering that will address this issue in particular will be discussed at the "4th UKP Workshop – Ultrafast Laser Technology" in April 2017.
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In experiments with magnetic atoms conducted at extremely low temperatures, scientists have demonstrated a unique phase of matter: The atoms form a new type of quantum liquid or quantum droplet state. These so called quantum droplets may preserve their form in absence of external confinement because of quantum effects. The joint team of experimental physicists from Innsbruck and theoretical physicists from Hannover report on their findings in the journal Physical Review X.
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The Max Planck Institute for Physics (MPP) is opening up a new research field. A workshop from November 21 - 22, 2016 will mark the start of activities for an innovative axion experiment. Axions are still only purely hypothetical particles. Their detection could solve two fundamental problems in particle physics: What dark matter consists of and why it has not yet been possible to directly observe a CP violation for the strong interaction.
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Markets have been diverging lately. Spain and Italy are down over 11% in the last 4 weeks. The S&P500 is presently only 4% below its recent peak.
The U.S.
I have been writing that I expect the next leg of the bear market in the U.S. at any time, and have so far been wrong. The main reason for my bearish stance is that I believe fiscal stimulus is off the table for all Western economies, and monetary policy is weak at the zero bound of interest rates. The U.S. budget deficit for fiscal 2011-12 is going to come in somewhere between $1.2-1.3 trillion, almost exactly where it was for the previous fiscal year. There has been no sign of fiscal consolidation so far, but it cannot be far off. The present economic data have been weak, but not yet signaling recession. I estimate that growth has slowed from the 1.7-2% range to around the 1% level. This is based on the weakening in new orders, slower industrial production and ISMs (both manufacturing and non-manufacturing).
However the supporting data of rail traffic, port imports/ exports volumes, trucking volumes and withholding taxes have all held reasonably steady, at very low levels of growth. The first read on 2nd quarter GDP comes out on Thursday. The level of GDP will be very dependent on the level of the GDP deflator. If the deflator is lower, growth will be higher, and vice versa. I would suggest examining both, for a good read on the growth figure. I recently read this article from the Wall Street Examiner regarding the trend in new unemployment numbers. The article links to withholding tax data and comes to the conclusion that the data have not yet broken to the downside (although it does suggest it is close to breaking). I may be wrong in my favor, but it seems early for a recession without the fiscal consolidation that I have been waiting for.
When things get really bad in Europe, there will be another summit with lots of supporting statements. The market has not failed to rally on any of the summits, so far. We seem to be in the time when market worries dominate. These periods have typically been followed by some policy action that relieves the tension. I would suggest that the political situation will have to have deteriorated significantly for there to be no response to the next crisis. The ECB, although reluctant to restart their sovereign bond purchases, will surely jump in if rates fall off a cliff. None of this is a solution. If the Eurozone is to stay together, the periphery nations are going to have to go through internal devaluations that are all over 20% (The Telegraph). There is a good article by Cam Hui on the long term European plan. At present, Greece has completed an internal devaluation of around 12%, and is three quarters done, Spain has only completed around 9%, and Italy has not really begun. Ireland has also completed three quarters of the required devaluation. Here is a useful kink to the update on internal devaluation progress from May 2012. They suggest:
|% of devaluation required
Note: These devaluations restore the position back to the start of the Euro. They do not completely eliminate the uncompetitive positions of the periphery nations.
The crisis will roll on until these devaluations have completed and the sovereign debt levels have been reduced to below 60% of GDP for all of the periphery nations. In the 3 1/2 years since the crisis began, internal devaluations for the whole Eurozone have not yet reached the half way mark. There are several years of crisis left in Europe, if there is no breakup of the Union (which is another topic entirely).
So what about markets? I read this article by the Hard Trade on Seeking Alpha regarding European bourses. Looking at the above, despite the good analysis in the article, I believe this article's call is at least 2 years early. It is an interesting article, though, and it uses CAPE and Tobin Q valuations, which are much more reliable. Europe is not for me yet, although it will likely be my first buy. The Europeans are getting on with fixing their problems, even though they have a long road to travel. I expect European markets to remain soft for some time yet, as the solutions to the problems are nowhere near complete.
I remain bearish on America for the next 2-3 years. The U.S. recession looks set for 2013, as some fiscal consolidation comes out of the fiscal cliff. I am still thinking that $100-150 billion is taken out of the budget deficit for 2013. This will be enough to bring on the recession. QE3 is coming, but I continue to believe that it will not juice markets as it has done in the past. The backdrop is now not so favorable. Earnings growth is down to less than 3%, and the world economy is slowing. These are not the same conditions that QE1 and 2 were launched in. America will eventually be forced into facing their budget and entitlement problems, unless they wish to repeat the Japanese model. In the time up to the presidential election, the U.S. market may hold up, but I cannot see a rise, with the present backdrop. The past 2 years of seasonality would suggest a different story, however. This pattern is holding me back from outright bearishness. A sideways trade seems logical, with lots of volatility. I am not so sanguine about 2013. For the more bullish readers, I recently wrote of my worries concerning my bearish trade. If you don't like this article, the linked one may be more to your taste.
Disclaimer - This article is not intended as investment advice. Before taking any action, please do your own research. Do not rely on any opinions or facts included in this article for decision making.
Additional disclosure: Long (NYSEARCA:RWM), (RIMM), various U.K. corporate bonds, (NYSEARCA:USD) and (JPY(

subset: commoncrawl


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9 YO 16.2 hh thoroughbred chestnut gelding. Jorge has a great disposition, is a GREAT mover, and is well-broke on the flat and over fences. He has jumper…$5,000
AQHA registered weanling dun stud colt. Born June 2, 2016. Dam pedigree includes King and Leo, Sire pedigree includes Driftwood and Doc Bar. If interested…$1,000
Tall, handsome and kind, 'Hamilton' is the man everyone dreams of! Completely broke to harness and saddle, this super young gelding is 100% amateur or…$12,000
"Friday" has been a part of our lesson program. He can do walk-trot-canter lessons for beginner and up students. He is has the height for taller beginners…$5,000
A bold filly with attitude to spare, this young prospect will be sure to stand out in whatever division you choose! "Meadow" is a big, growing girl…$4,000
Venus is a very sweet, friendly, and pretty registered filly with a unique light bay color. Both her parents are first prize and are excellent riding…$6,500
Kleopatra from Sand Meadow is a tall and robust black five-gaited young mare. With her well raised neck, rich black color, long thick mane and tail, large…$10,000
Rispa is a very pretty bay dun imported Icelandic mare. She is very strong and stout and easily carries adult riders on long trail rides. She has received…$15,000


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It's hard to believe that our tiger triplets are almost 10 months old! Jan and I love having them here in the Feline/Primate house.
All adults in the group help raise baby Cotton-tops, even brothers and sisters.
"Ohhh I miss all the times I volunteered at this zoo. One of the best zoos I've ever been to!"
- Melissa V, Pinckney
Get events and information delivered to your inbox. No spam... promise.
Potter Park Zoo
1301 S. Pennsylvania Ave.
Lansing, MI 48912
Contact Us |


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This Ukrainian parkour dog might be the most badass dog you will ever see in your life.
Categories animals
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Cat gives dog hypnotherapy the little guy enjoys massaging the dog so much.
36,564 |1
After knowing not to be in that room, he got caught in the act and tries to walk away guiltily as ever.
92,832 |2
I think the answer to that question is pretty obvious after taking a quick look at all three dogs! You can tell he just knew he was in trouble.
797,658 |5
The eyes make this so much better, is your dog this disciplined?
20,426 |1
When it starts to rain, Cyrus loses it and demands to be let outside so he can do this.
111,483 |2
The dog is so fast that the players don't even try to run after the dog.
66,750 |2
Remember Denver the guilty dog, he is at it again this time he doesn't even attempt to hide it.
22,584 |1
Golden retriever refuses to leave the park.
25,531 |1
The rare situation where the music in the video is perfect.
49,335 |2
Don't worry about the other dogs, they can just swim across.
105,380 |2
VideoBash is your first and final stop for free funny videos, games and pictures guaranteed to brighten up your day. The funniest jokes and the most unbelievable pranks caught on tape have been collected in one spot for your viewing pleasure. This is entertainment at its best and no one does it better than VideoBash. These funny clips crackle with humor and they will definitely have you laughing till your sides hurt. Quality is our number one priority and the free funny vids here are the best of the best. There are no mediocre videos here. All the videos, jokes, pranks on VideoBash are the cream of the crop and you'll be hooked from the get go. The best part is you don't have to keep all this good stuff to yourself, you can share all the free entertainment videos with your friends.


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Last week, a former coworker sent me a text that one of my colleagues had died at a young age. It wasn't a complete surprise, as I had heard rumers of a rare, incurable, and rapidly progressing…Blog Forgiveness. 3 Likes 3-D Printed Bone Repair Print-on-demand bone could quickly mend major injuries Hyperelastic bone may soon enable easier major bone repairs. Screen grab from the impressive video. Researchers have created what they call "hyp… Discussion 3-D Printed Bone Repair 1 Like What Killed My Chicken - How To Know What Killed My Chicken - How To Know Justin tells what can kill chickens and how to identify the killer species. He does his usual drama presentation which is fun for me, not so for others. Go ahead… Discussion What Killed My Chicken - How To Know 2 Likes THE TANTALIZING PURPOSES OF PRAYER
Purpose no. 1.
Most common purpose of prayer is to ask God to do things – fulfill requests, grant favours, and generally use his…Blog THE TANTALIZING PURPOSES OF PRAYER 2 Likes 500M Yahoo accounts hacked. The company did… cbs news and many other websites. This is not an atheist issue but affects hundreds of millions of people. Yahoo apparently learned 2 months ago about the breach but did not announce it. The breac… Discussion 500M Yahoo accounts hacked. The company did… 1 Like Publish-Or-Perish Guarantees Flawed Research Why bad science persists Computer simulation of the academic publication process explained why "published studies in psychology, neuroscience and medicine" haven't improved validity in 50 years. ...… Discussion Publish-Or-Perish Guarantees Flawed Research 2 Likes New way to get kids to eat healthy Broccoli v. French fries: Appealing to teens' impulse to rebel can curb unhealthy eating ...young teens have a heightened sensitivity to perceived injustice and react against authority. And their new… Discussion New way to get kids to eat healthy 3 Likes
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A Bronx Tale
Favorite scene from "A Bronx Tale"
A Bronx Tale; Jane & Calogero (Taral Hicks & Lillo Brancato)
A Bronx Tale-one of the greats!
CAST: Robert De Niro, Chazz Palminteri, Lillo Brancato, Francis Capra, Taral Hicks, Kathrine Narducci, Clem Caserta, Alfred Sauchelli Jr., Frank Pietrangolare, Joseph D'Onofrio; DIRECTED BY: Robert De
A Bronx Tale (1993) A father becomes worried when a local gangster befriends his son in the Bronx in the 1960s. Robert De Niro, Chazz Palminteri, Lillo Brancato,,,TS drama
DOES ANYONE KNOW "THE DOOR TEST".....MY HUSBAND DOES......:)........A Bronx Tale - Sonny played by Chaz Palmentieri
A Bronx Tale movie quote.
i thought to myself she must have an exotic name like monique or danielle...jane thats it? hahaha
A Bronx Tale: My all time favorite line, its sad but very true. Not everyone is on "our team" sociologically its impossible.


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Lighting 101 - An Ideal Beginner's Lighting Kit
In addition to a flash, you'll need some basic gear to begin using that flash off-camera and shaping it into a much better quality of light. The good news: getting started with a basic Strobist kit is very inexpensive, compared to the cost of your cameras and lenses.
If you already have a flash, you can build a very good quality, wireless lighting kit for under $150. Even better, the gear is also small, light and very portable.
For starters, you'll want to work with a simple inexpensive one-light kit, which you can see in action above. If you stick with it and grow as a lighting photographer, you'll probably choose to add a second light later. A two-light kit will serve the needs of the majority of lighting photographers, across many circumstances.
Don't believe me? Take a look at my go-to camera kit: One camera, one zoom lens—and an easily transportable two-light studio. I could happily shoot assignments with this bag for years. I know that, because I have already done it.
Let's Build Your One-Light Kit
My ideal lighting kit recommendation for beginners is built around a Phottix Ares remote trigger and LumoPro grip equipment. (FYI, "grip" is a catch-all term for the gear that positions a light and modifies its quality.)
Below is each piece of recommended gear, along with why it was chosen. We'll discuss how to use it in subsequent lessons. If you already have some of the gear, you can buy the other pieces a la carte. If not, you'll save by buying them as a kit, as shown at the bottom of the page.
Remote Trigger: Phottix Ares
A remote trigger simply synchronizes your flash to your camera, even when they are not physically connected. This will marry your off-camera flash to your camera and sync it to your shutter, even when they are not physically connected.
Over the last few years, technology as advanced to the point where you can a great quality remote for under $100. (For a long time, this was not the case.) I currently recommend the Phottix Ares, which sell for $55 for the set. I have taught classes with them for several years and have found them to be very reliable and easy to use. They ship with all of the accessories you'll need — even including batteries and a nice case. They are well-built and come with a one-year factory warranty — but if you register them Phottix doubles it to two years.
PLEASE NOTE: If you shoot with Sony cameras, this and other standard remotes (or flashes, for that matter) may not fit your camera's nonstandard hot shoe. Sigh. (Thanks Sony.) Call or email the photo store help staff to find out how to work around this issue.__________
Light Stand: LumoPro LP605
Because your flash is not going to magically float in the air. So you'll need something to hold it up.
For a first light stand, I recommend a compact, five-section model. (Compact stands extend to 7 1/2 feet but fold down very small for easy transport.) These are made by a few manufacturers, but the LumoPro LP605 adds a few nice extra features.
The LP605 is a bit heavier build quality than its competitors, is reasonably priced and has a five-year warranty. It also has foldable ground spikes—unique to its class—that make it more stable when used outside.
At $40, it's an easy choice.
Umbrella Swivel: LumoPro LP679
Umbrella swivels typically go for under $20. Since the swivel will be supporting your flash, it is good not to scrimp here. There are also several different designs available.
I like the LP679, shown at left, ($16) for a variety of reasons. First, it has a friction elbow, as opposed to toothed. This gives you better — and faster — control when adjusting your light. And I feel that it is more secure, because the teeth (on the other kind of swivel) can grab when not fully tightened — and then come loose when jostled.
Second, it has a removable cold shoe (the thing that mounts to your flash) up top. This gives you a lot more flexibility than the models with a fixed cold shoe mount.
The LP679 swivel balances both usability and flexibility.
43" Umbrella: LumoPro 3-in-1 Double-Fold
An umbrella softens the light from your flash and gives it a beautiful, wrapping window light quality. There are three kinds of umbrellas: white translucent shoot-through, black-backed white reflective and black-backed silver reflective. Each of the three types can most useful in different situations.
Most people do not know which type they will use the most until they have been using off-camera light for a while. The LumoPro 3-in-1 double-fold umbrella solves this problem because it is convertible to any of the above three kinds.
For $30, the LumoPro LP735 3-in-1 is a standout choice.
That's Pretty Much It!
Compared to the price of your camera and lenses, basic lighting gear is refreshingly cheap. Take your small flash, add this kit, and you now have a portable, wireless studio. Dollar for dollar, lighting—and knowing how to use it—will improve your photography more than just about anything else can.
The kit savings (if you purchase the kit at once) is sufficient to cover the cost of a nice bag, seen above. This is a good thing, because your lighting gear is shaped differently than your camera gear and almost certainly will not fit in your normal bag. The included sling bag is well-made, and big enough to handle a second light kit if you expand later. It can even handle full-size modifiers, such as a 60" umbrella.
The flash (should you choose the kit that includes it) and the Ares remotes also include their own padded cases to further protect them within the bigger bag. The flash and remote also come with a nice selection of accessories: The flash includes gels, a stand and cord and the remote comes with cords, adapters, straps and batteries.
This is the exact small-light kit that I use and recommend for beginning lighting photographers. You can get it here:
Lighting Kit WITHOUT Flash ($142.99)
Lighting Kit WITH LumoPro LP180 Flash ($271.99)
And that's all you'll need to get your foot firmly in the door of studio-style lighting. While you're waiting for your gear to arrive, we'll go over the pieces a little more and then get into the lighting itself.
It'll all be "in theory" for now, but not to worry. About half-way through Lighting 101 we then assume your kit has arrived and we'll walk you through your first time out with it. But while we wait for that, let's learn some more.
Oh, and here's the resulting shot from the setup photo shown at top:
So that was a lot of gear talk to throw at you. Sorry. But we just wanted to get you started off on the right foot, with the basic equipment. And most important, not spending more than you needed to.
NEXT: L101: Get to Know Your Light Stand
New to Strobist? Start here | Or jump right to Lighting 101
Connect w/Strobist readers via: Words | Photos
Got a question? Hit me on Twitter: @Strobist
Save Money: Browse MPEX Weekly Strobist Deals


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American Idol Finale, Nokia Theatre L.A. LIVE, Los Angeles, Calif.
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March 22, 2016 |
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Joel Vanderheyden
A seasoned performer and clinician in both jazz and classical styles, Joel Vanderheyden is a saxophonist, composer and educator from Minneapolis, MN. He has served as Director of Jazz at both the University of Minnesota, Morris and Oakton Community College in the Chicago area, and has given masterclasses and appeared as a guest soloist and clinician with high school and collegiate ensembles around the country. His D.M.A. studies in classical saxophone with Kenneth Tse at The University of Iowa and M.M. studies in jazz with Chris Vadala at The University of Maryland have contributed to his well rounded approach to the saxophone and musical expression.Read more
CD/LP/Track Review
- Complete Life by Glenn Astarita
October 09, 2009
Fulfilling Graduation Requirement, Ui Saxophone Student's CD is Opening...
July 14, 2009
Primary Instrument
Iowa City, IA


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David Drake's Tawny Heatherton: A Brilliant Creation
Scott Alexander Hess | Posted 02.02.2016 | Queer Voices
Read More: David Drake, Tawny Tell Me True, Tawny Heatherton, David Drake Tawny, David Drake Tawny Heatherton, David Drake Tawny Tell Me True, Queer Voices News
Last year I went to see David Drake's Tawny Heatherton creation at the Laurie Beechman Theatre. I went in expecting a smart little drag show, but I walked away breathless and in awe of one of the most talented writer/performers of our time. I caught up with Drake as he prepped for Tawny's latest opening.


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Resources for you and anyone in our community. We invite you to join in and take an active part in improving your health and wellness.
Business Owners
We support improving the health and wellness of our employees and the community. We are working together to make our community stronger, and a better place to live and grow.
Teachers and Schools
We are working with the community to improve the health and wellness of the children in our community. This investment benefits the whole community.
We have an interest in improving the physical and emotional health of our clients. Our work is in and with the community to work for that change.
What you can do to help yourself, make a difference, and how to reach out and talk about tough subjects with your friends and family members.
Raising children can be both challenging and rewarding. This information contains general information designed to assist you in parent as you support and encourage your child's social, physical, and emotional wellness.
Resources for you and anyone in our community. We invite you to join in and take an active part in improving your health and wellness.
Resources for partnering organizations and individuals, working together to improve the health and wellness of everyone in our community.
HOPE Network
The HOPE Network is a community based effort to improve community wellness by Helping Others Provide Encouragement (HOPE) using evidence-based social and emotional resources.
Are You Satisfied With Your Health and Well-Being?
There are things in all of our lives that get in the way of being both happy and healthy. The following initiatives are how the Partnership for a Healthy Community has divided our work to bring you tools to help you improve your health and wellness.
These are the five initiatives of the Partnership for a Healthy Community. Select each initiative to see the goals. The initiatives are Active Living, Clinical Preventive Services, Healthy Eating, Social and Emotional Wellness, and Tobacco-Free Living.
These initiatives were created and originally funded by a Center for Disease Control (CDC) grant.
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After being delivered from Egypt the Lord promised the nation of Israel a land of their own, a land flowing with milk and honey. Before Israel entered the promised land, Moses told of all the good things that would happen if they obeyed the Lord. "The Lord will make you abound in prosperity, in the offspring of your body and in the offspring of your beast and in the produce of your ground, in the land which the Lord swore to your fathers to give you. The Lord will open for you His good storehouse, the heavens, to give rain to your land in its season and to bless all the work of your hand; and you shall lend to many nations, but you shall not borrow. The Lord will make you the head and not the tail, and you only will be above, and you will not be underneath, if you listen to the commandments of the Lord your God, which I charge you today, to observe them carefully, and do not turn aside from any of the words which I command you today, to the right or to the left, to go after other gods to serve them. (Deuteronomy 28: 11 – 14) Wait a minute. Aren't these the same blessings America enjoys today? Wonder who gave us our blessings? The blessings of the Lord begin in chapter 1 and run from verses 1 through 14. The promise for what will happen if Israel disobeyed start in verse 15 and end in verse 68. I'll record a portion of those verses. "But it shall come about, if you do not obey the Lord your God, to observe to do all His commandments and His statutes with which I charge you today, that all these curses will come upon you and overtake you: Cursed shall you be in the city, and cursed shall you be in the country. Cursed shall be your basket and your kneading bowl. Cursed shall be the offspring of your body and the produce of your ground, the increase of your herd and the young of your flock. Cursed shall you be when you come in, and cursed shall you be when you go out. The Lord will send upon curses, confusion, and rebuke, in all you undertake to do, until you are destroyed and until you perish quickly, on account of the evil of your deeds, because you have forsaken Me." (Deuteronomy 28: 15 – 20) If we'll just open our eyes we'll see the curses have already begun in America. As we read the books of Kings and Chronicles we see the Lord's blessings and destruction played out over and over again in Israel. Blessings came when the people obeyed the Lord. Destruction overcame the people when they disobeyed the Lord. And in every instance blessings came when the king obeyed the Lord wanting to do the right thing in His sight. When the King obeyed the Lord the people did the same and the land enjoyed prosperity. When an evil king took over, one who refused to follow the Lord, the country suffered great hardship and eventually was destroyed. Those not destroyed were forced off the promised land into exile. These events have been given to us as examples of what will become of America if we fail to turn away from evil and restore Jesus Christ as Lord in our country. "For whatever was written in earlier times was written for our instruction, so that through perseverance and the encouragement of the Scriptures we might have hope." (Rom 15: 4) America is in its darkest hour and I am not sure how much longer the Lord will withhold His wrath. He has warned us with Nine Eleven, killings by illegal aliens, mass killings at the hands of terrorists, bombings, citizens slaughtering each other throughout the land, and massive debt. "We The People," have polluted ourselves. How have we polluted ourselves? It's not only what we've done, it's also what we accept. We accept abortion, homosexuality, fornication, divorce, pornography, movies and television shows that curse our Father while revealing degrading behavior, and the list goes on and on. The worse act however is our acceptance of Jesus's removal from our society. Because we accept these things, and more, "…God will send upon them a deluding influence so that they will believe what is false, in order that they all may be judged who did not believe the truth, but took pleasure in wickedness." (2 Thess 2: 11 & 12) This Scripture is being played out right before our eyes because, "We The People," are taking pleasure in unbelievable wickedness.
The three branches of government, which are the Administration, Judicial, and Congressional, will have a lot to answer for on the last day if we fail to change. First the Administration. "I wrote you in my letter not to associate with immoral people; I did not at all mean with the immoral people of this world, or with the covetous and swindlers, or with idolaters, for then you would have to go out of the world. But actually, I wrote to you not to associate with any so-called brother if he is an immoral person, or covetous, or an idolater, or a reviler, or a drunkard, or a swindler – not even to eat with such a one. For what have I to do with judging outsiders? Do you not judge those who are within the church? But those who are outside, God judges…' (1Cor. 5: 9 – 13) Our Lord's message is clear and simple. Don't be involved with those inside the church who commit evil acts, and don't judge those outside the church because the Father Himself will judge them. The Lord really means it when He says we are not to judge those outside the church for, "…Michael the archangel, when he disputed with the devil and argued about the body of Moses, did not dare pronounce against him a railing judgement, but said, "The Lord rebuke you!" (Jude 1: 9) So in regards to the Administration, in the name of Jesus, "The Lord rebuke you!"
The Judicial branch of government is responsible for more death than all the wars ever fought in America because they legalized pornography, abortion, and homosexuality. Pornography: Ted Bundy, a notorious serial killer of women, stated before his execution, that he began his life of crime by feeding off pornography as a youngster. How many others have been murdered because of pornography? How many children have been abused because of child pornography? Abortion: One of the key issues the Supreme Court used to make abortion legal was that an unborn child is not considered alive until birth. I guess their education of higher learning didn't include, "…You formed my inward parts; You wove me in my mother's womb. I will give thanks to You, for I am fearfully and wonderfully made; Wonderful are Your works, And my soul knows it very well. My frame was not hidden from You, When I was made in secret, And skillfully wrought in the depths of the earth; Your eyes have seen my unformed substance; And in Your book were all written The days that were ordained for, When as yet there was not one of them. (Psalm 139: 13 – 16) Any questions? We have become so wicked we even dare to destroy His creations. Homosexuality: How many homosexuals will never repent because the Supreme Court legalized homosexuals to marry? Legalizing marriage gave consent to their behavior, and will lead to eternal destruction for the masses. Do we really think that this pitiful, short period of time we spent on earth compares to eternity. "You shall not lie with a male as one lies with a female; it is an abomination." (Lev 18: 22) Some will say, "well that's the Old Testament. It's not nearly as forgiving as the New Testament." Oh really. "Or do you not know that the unrighteous will not inherit the kingdom of God? Do not be deceived; neither fornicators, nor idolaters, nor adulterers, nor effeminate, nor homosexuals, nor thieves, nor the covetous, nor drunkards, nor revilers, nor swindlers, will inherit the kingdom of God. (1Cor 6: 9 & 10) Notice the Lord says do not be deceived. I am saddened on this account because most are deceived which means homosexuals are not hearing the message of salvation and ever lasting life. In reality our society is saying it is alright to be lost forever. The Justices have indeed fallen out of favor with the only real King. In this regard our Lord has a word for the Supreme Court of the United States. "Woe to those who call evil good, and good evil; Who substitute darkness for light and light for darkness; Who substitute bitter for sweet and sweet for bitter! Woe to those who are wise in their own eyes And clever in their own sight! (Isaiah 5: 20& 21) Lastly the Court's decision to remove Jesus from the Government, with separation of Church and State, has left the court without the Lord's presence or council. The Court listened to those who do not believe in God, and the whole country has, and will suffer for their decision. People will say, "Things are great in America, nothings really changed." That's what Israel was saying before they were slaughtered and taken into exile. If, "we the people," truly believed that Jesus Christ is the Son of God, how can the Supreme Court possibly remove His name from the government?
When it comes to the United States Congress we only need to understand one thing. The Constitution identifies Americans as, "We The People;" however, Congress has made themselves separate, identifying themselves as, "We The Me."
Now lets get down to the topic of this writhing which is "politics." For the most part a person doesn't chose a political party when they first become eligible to vote. They'll belong to the party their parents and grandparents belonged to from the beginning of time, and woe to the person who breaks the chain. Political parties have turned the American people into sheep, and indeed has become a religion itself. Sheep don't have the ability to think, and neither do we when it comes to politics. In fact politics has a stronger effect on people than religion. A person will quit one church, to attend another, and no one ever gives it a second thought. But to change from one party to another is a traumatic family event to say the least. There is however, a correlation between politics and religion.
I have read that eighty five percent of Americans claim to be Christian, and in Christianity I see three different groups. I will label each group and relate how each relates to politics. The first group are those who do not believe in our Father. The Lord has told us not to accuse this group because, those who are outside, God judges." Therefore I won't say anything further. In this group most don't bother to vote, and those who do look to family party lines to make their choices.
The second group are the believers. This group is very small in number, actually just a, "few." We'll see what I mean by just a "few" in the Scripture below. A couple of months ago I stopped by to get a blood test at the request of my doctor. My healthcare program requires me to get a blood test every three months so I am a frequent visitor to the clinic. I guess at my age it's the only sure way the doctor can determine if I am still alive. I always try to be the first one at the clinic so I get up early in the morning to be the first in line before the doors open. After all my scheming and hustling around early in the morning, to be number one, I have yet to be the first one in line. On this visit there was an elderly, gray haired lady, already waiting at the door before I arrived. I thought to my self, "some things just never change." We exchanged, "hellos," as I took my usual second place in line. We began talking and I mentioned the Lord in our conversation. When I mention His Name she gave me a piercing glance which sank deep into my soul, and said, "Are You A Believer?" She didn't ask me if I was a Christian or what church I attendant. She simply asked if I was a believer. I said yes, and from that point on our conversation was about the Lord. I came to find out she was a missionary with New Tribe Missions (NTM) which is located down the road from where I live in Sanford, Florida. Missionaries with NTM travel to the deepest jungles of the world to locate tribes that have never had contact with the outside world. Once the missionaries earn their trust they learn their language so they can record the Bible, or parts of Bible. The tribe then learns to read their own language and salvation follows. The missionaries are by themselves in the remotest parts of the earth and are completely reliant upon the Lord for all things. Believe me they know Him. I was at a prayer breakfast a number of years ago and several NTM missionaries were at the meeting. One of the missionaries was asked to offer the prayer before the meal. After the prayer I knew I was in the presence of a believer who had a deep, deep, personal relationship with Jesus. It was the most humble prayer I'd ever heard, and I felt Jesus was indeed present to hear his every word. The missionary was in the flesh but during this prayer he and Jesus were the only ones in the room. This brother was a indeed a believer. In regards to politics a believer is very cautious when it comes to voting not wanting to offend the Lord. Others refuse to vote knowing the evil that is part of the political process. If we doubt the, "evil" part, just listen to the way politicians talk to each other, and about each other, and that's just for starters. It should be noted that, although "few" in number, many believers do attend church services on Sunday.
The third group I will classify as religious people. Religious people are those who know of Jesus. They attend church on a regular bases, some wear the Lord's Cross around their necks, and some attach Christian bumper stickers on their cars. This group believes that Jesus is the Son of God. Of those who claim to be Christian this is the largest group, and the most likely to vote. They are also the most puzzling to me. I've heard political figures, who profess to be Christians say they don't believe in abortion even though their party does. Wh———–ah. How in God's name can we not believe in abortion then belong to a party whose major component in their platform is abortion. Yet that is exactly what we do when we say we don't believe in abortion then vote for the party that does. We go to church, wear the cross, and apply the bumper sticker, then walk into the voting booth and cast a vote for the destruction of God's creations. We say that we are Christians then walk into the booth and vote against the Precious One when He says that certain behavior is an abomination. We think its alright because our parents and grandparents are party members? I have news for religious folks. I am old to say the least, and I can tell you that many of the parents and grandparents in my generation would not have never voted for such obvious evil regardless of their party affiliation. We can't place the corrupt system of politics over the Kingdom of the most high God. And if we don't repent, and quit backing wickedness, we'll never enter the heavenly kingdom we are so sure our church membership guarantees.
The comment I most here about out our behavior is, "well things are different now." Well that may be true; however, God hasn't changed which means we're in trouble. We must remember what the Lord shared with us at the beginning of this message. "For this reason God will send upon them a deluding influence" And why will He send a deluding influence? "so that they will believe what is false, in order that they all my be judged who did not believe the truth, but took pleasure in wickedness." The message is very simple. If we are living by what is false the deluding influence is at work in our lives. We all know what sin is, and if the Lord doesn't cause us to give it up we shall be judged. When the Lord revealed His relationship to me I was very excited; however, I did hesitate because I was not sure I was ready to give up my old life. I am so glad the Lord kept me moving forward because there is absolutely no comparison between His light and the false hope a deluding influence has to offer.
I know people will say, "he's just trying to get votes for his party. No, this is the reason I am writing this message. "Enter through the narrow gate; for the gate is wide and the way is broad that leads to destruction, and there are many who enter through it. For the gate is small and the way is narrow that leads to life, and there are FEW who find it. (Matt 7: 13 & 14) There's that word again. The word "few" which I referenced above. Do we truly understand what our Lord is telling us? The operative word here is, "few." Few will find the narrow path that leads to ever lasting life. Now the question, why is it that way? What is it that leads the masses to destruction? Here's the answer, "Beware of the false prophets, who come to you in sheep's clothing, but inwardly are ravenous wolves. You will know them by their fruits…" (Matt 7: 15 & 16) It, "ain't rocket science," folks. If a person is telling us to do anything that is contrary to God's Word we are being led by a false prophet. We know their fruit because they are saying, and doing things that are totally against God's will. If we don't repent and stop listening to them we will be lost forever. You won't hear this message in churches on Sunday. Why? Because a pastor will lose most of his congregation. People in churches today, "…will not endure sound doctrine; but wanting to have their ears tickled, they will accumulate for themselves teachers in accordance to their own desires, and will turn away their ears from the truth and will turn aside to myths. (2 Tim 4: 4) The Lord knew how America would act one day so He wrote us a letter which He sent to the angel of the church in Laodicea. "The Amen, the faithful and true Witness, the Beginning of the creation of God, says this: 'I know your deeds, that you are neither cold nor not; I wish that you were cold or hot. So because you are luke-warm, and neither hot or cold, I will spit you out of my mouth. Because you say, 'I am rich, and have become wealthy, and have need of nothing, and you do not know that you are wretched and miserable and poor and blind and naked, I advise you to buy from Me gold refined by fire so that you may become rich, and white garments so that you may clothe yourself, and that the shame of your nakedness will not be revealed; and eye salve to anoint your eyes so that you may see.' " (Rev 3: 14 – 19) Even though the Lord admonishes us, and it would appear there's no way out, He finishes His letter by saying, "Those whom I love, I reprove and discipline; therefore be zealous and repent. Behold I stand at the door and knock; if anyone hears My voice and opens the door I will come in to him and will dine with him, and he with Me. He who overcomes, I will grant to him to sit down with Me on My throne, as I also overcame and sat down with My Father on His throne. He who has an ear, let him hear what the Spirit says to the churches." (Rev 3: 19 – 22)
Many will say, "why are you bringing the church into politics?" Because if the eighty five percent of people who say they are Christians would refuse to vote for false prophets we wouldn't have the problems we have today. What would happen if Christians stopped voting for all politicians who backed abortion? The practice of abortion would be stopped over night. Our government is a reflection of, "We The People." If we continue to back false prophets, and by our vote place them in positions of authority, things will continue to deteriorate. Do we really think our Lord will bless our nation's leaders with wisdom when they refuse to follow Him? When we threw Jesus out of government all righteousness went with Him. America will change when Christians become believers instead of church goers. Some will think these words to be harsh; however, it won't be as harsh as when our Lord decides to put an end to our foolish, evil behavior.
For thirty-five years of my life I was a religious person. However I did not want to be known as a religious person. I would have hated for people to say, "Oh, he's religious." That would have been too sissified for me. I wanted to be one of the guys, and my behavior indeed portrayed that imagine. Then one day, out of no where, I understood that God was my Father. It was not a religious experience, it was a relationship experience like I had with my earthly father. From that moment on His presence has never left me, and I do my best to obey Him in all things. All the things I use to do to have fun and pleasure in the world doesn't compare to the joy I've found through obedience to Him. When we think of the word, "father," do we think of religion? No, because the word, "father," identifies with a relationship. It's no different with our heavenly Father. He wants us to know Him, to be with Him, to talk with Him, to ask Him questions. He wants us to know Him in all things, and to totally rely on Him. When He allows us to be that close all things become new. Sin is the only reason He will not allow us to be close to Him. Simply sitting in the pew on Sundays, then doing our own thing during the week, will not cut it with the Father. Yet the masses are doing it this way which is the reason Jesus says, "…the gate is small and the way is narrow that leads to life, and there are few who find it." (Matt 7: 14) This is reality folks, and the only way we can personally change it is to die to the bondage of sin. The only way we can remove the bondage of sin is to be sanctified, and the only way we can become sanctified is by the truth, and the only way we can know the truth is by HIS WORD. "Sanctify them in the truth; Your word is truth." (John 17: 17 ) A word of caution my dear brothers and sisters. When a large number of religious people become believers, persecution will indeed follow. In its present condition America will not tolerate people who are totally reliant upon Jesus Christ.
Who are we going follow; false prophets or the Lord? "Now above the expanse that was over their heads there was something resembling a throne, like lapis lazuli in appearance; and on that which resembled a throne, high up, was a figure with the appearance of a man. Then I noticed from the appearance of His loins and upward something like glowing metal that looked like fire all around within it, and from the appearance of His loins and downward I saw something like fire, and there was a radiance around Him." (Ezekiel 1: 27 & 28) This is our Father. "Then I turned to see the voice that was speaking with me. And having turned I saw seven golden lampstands; and in the middle of the lamp stands I saw one like a son of man, clothed in a robe reaching to the feet, and girded across His chest with a golden sash. His head and His hair were white like white wool, like snow; and His eyes are like a flame of fire. His feet were like burnished bronze, when it has been made to glow in a furnace, and His voice was like the sound of many waters. In His right hand He held seven stars, and out of His mouth came a sharp two-edged sword; and His face was like the sun shining in its strength. (Rev. 1: 12 – 16) This is the Son. Now that we have a visual, whom shall we chose? The Father and His Son, or the False Prophet? Truth is most in our nation chose the false prophet. It's this way because we are looking through the eyes of religion not the eyes of relationship. Our Father and our Lord are not religious figures that we visit on Sunday mornings. They are eternal, and Their relationship with us is also eternal. Our relationship with the Father and Son begins right now, right here on earth. "even as You gave Him authority over all flesh, that to all whom You have given Him, He may give eternal life. This is eternal life, that they may know You, the only true God, and Jesus Christ whom You have sent. (John 17: 2 & 3) Eternal life begins when we know Him. Death has no place in this matter. And where do we find Him, how do we know Him? "And the Word became flesh, and dwelt among us, and we saw His glory, glory as of the only begotten from the Father, full of grace and truth. (John 1: 14) Jesus is the Word, They are One and the Same. So when we know Him (the Word), and obey Him (His Word) we walk in heavenly places with the One whose appearance is like …fire, and there was a radiance around Him, and whose…face was like the sun shining in its strength. Everything we know and see in the universe was created by His power which was fueled by His love for us. Do we know of anything, or anybody, who laid down their life for us so we might live with Him now, and for evermore? Love to all!
God Bless!!!
Roger D. Casterline
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Buying a budget friendly car
A Guide to Buying a Second-Hand Car
For today's drivers, the idea of going without their vehicles, even temporarily, is almost unthinkable. The ease and practicality of car ownership, the time-saving aspect and the convenience, all mean we're a nation of dedicated motorists. However, the expense of a new car can prove prohibitively expensive.
For some drivers choosing to purchase a second-hand car can seem like a more financially-friendly alternative. There are a number of money-saving measures you can take to make sure you get a great deal as well as a reliable vehicle.
Set your budget and know what you want
Start off with a clear budget and a defined list of requirements in mind. Consider who will use the car and how. Will it be used for long distance work trips or just tootling around town? Do you need certain entertainment features for the kids or space in the boot for two dogs? As well as setting a budget for the initial outlay, be prepared to look carefully into the running costs of any car that catches your eye. What will the fuel, maintenance, tax and insurance cost you over the course of a month or a year?
Do your research
Once you're clear on what you want, it's time to get searching. Today's car buyers are lucky in that they can turn to online driver reviews to find out which cars perform well and may be suitable for their needs. Take your time to understand the market and keep an open mind – the ideal car may be one you haven't considered before.
Take a test drive and check the vehicle's paperwork
When buying a secondhand car there are three essential pieces of paperwork to check. These are the Vehicle Registration Certificate or V5C (formerly known as the log book), the MOT certificate and the service history.
Test driving a car is like trying on a pair of shoes - you need to make sure the car is a good fit for you as a driver. A test drive will also give you the chance to experience how smoothly the car's engine feels. As well as a test drive, you should look out for flaws on the car's bodywork, such as dents or scuffs.
The Money Advice Service has a number of tips on what to look out for when buying a second hand car.
By knowing what you're after, researching what's on offer and using a little bit of know-how, you could bag yourself the ideal secondhand car at a budget-friendly price.


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ERIC Number: ED366002
Record Type: RIE
Publication Date: 1993-Nov-19
Pages: 6
Abstractor: N/A
Reference Count: N/A
Creative Writing in the Middle Schools.
Brooks, Lisa M.
In a collaborative project between School #74 in Buffalo, New York, and the Graduate School of Education at the State University in Buffalo, predominantly African American sixth graders enhance their writing skills through creative tasks. They also develop their writing voices and gain some exposure to university life. Graduate students in English and social studies, along with two professors, team up with the middle school students and their teachers to explore writing poetry, descriptions, and imagined narratives about college. Each year the students publish an anthology of their writing. The project is thriving, now into its fourth year. (SAM)
Publication Type: Speeches/Meeting Papers; Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: African Americans; Collaborative Learning; English Teachers; New York (Buffalo); State University of New York Buffalo
Note: Paper presented at the Annual Meeting of the National Council of Teachers of English (83rd, Pittsburgh, PA, November 17-22, 1993). For related papers, see CS 214 184-186.


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You are here
This position is now filled
HR Coordinator
Bullet points
- Permanent Opportunity
- Seven Hills Location
About Our Client
Our client is an Australian-owned Civil Contracting company chosen by clients in the land development sector. They produce excellent results for all their clients with a focus on timely delivery and excellence in presentation.
Job Description
Reporting to the CFO and General Manager, this role will assist with all general day to day HR operations.
The Main Responsibilities of this position include:
- Day to day general HR Administrative support
- End to end Recruitment (screening and sourcing)
- Run induction sessions for all employees
- Manage sick and annual leave
- Work within our accounting team with admin duties as required
- Processing all HR Invoices or general invoices
- Providing advise and support to managers and staff on all policies and procedures
- Ensure all HR administration is done effectively and in a timely manner
- Participate in 3 month probation reviews
- Manage company social events
The Successful Applicant
The successful candidate will have 2-3 years in General and HR administration roles with a relevant HR or Business qualification. This candidate will need good communication skills and the ability to build strong relationships with key stakeholders and have a passion for engaging colleagues at all levels of the business.
Exposure to Industrial environments is highly regarded.
What's on Offer
This is an exciting opportunity to join a reputable and established Australian owned company with an attractive salary package.


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Additional Info


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FOR ORDERS: Please Call or Visit a Showroom
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CTI Toolkit End of Support FAQs
|Knowledge Article Number
1. When will the End of Support for the Computer Telephony Integration (CTI) Toolkit take effect?
The End of Support for the CTI Toolkit took place with the Spring '15 release, in February 2015.
2. What exactly will happen after the End of Support date passes?
With the Spring '15 release*, we have ended support of the CTI Toolkit. This means support for technical or product issues is no longer be provided by Salesforce, and there will be no active development on the product. While your telephony partner may continue supporting the CTI Toolkit, support for technical or product issues is no longer provided by Salesforce.
3. Why is Salesforce making this change?
We are ending support for the CTI Toolkit, to focus on our development efforts on our Open CTI solution. Unlike the CTI Toolkit - a desktop application - Open CTI is a cloud-based solution that allows partners to create robust, customizable, web-based telephony integrations. While we realize that this may cause some disruption for those using CTI Toolkit, we are excited to share Open CTI with our customers.
4. What action must I take?
If you are currently using the CTI Toolkit, you will need to contact your telephony partners to begin migrating to the Open CTI. If your partner has already migrated your account to Open CTI, you will not need to take action.
5. What do you recommend?
If you are currently using the CTI Toolkit, we encourage you to migrate to our Open CTI alternative.
Alternately, you can visit the AppExchange to identify other CTI partner solutions supporting Open CTI.
6. Where can I find additional information?
To answer any questions you may have about this change, please contact your telephony partners. For additional resources to make the transition to Open CTI as smooth as possible, check out the following:


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New Jersey Superior Court, Law Division
April 3, 1995
Martin, J.s.c.
Rose Castner was declared incompetent on January 13, 1989, and Rose's husband Lawrence Castner was appointed her guardian. Together, Rose and Lawrence owned a home in Hawthorne, New Jersey, as tenants in the entirety. On May 25, 1989, Lawrence obtained a $200,000 loan from Great Falls Bank (the Bank) which was used to buy commercial property located in Paterson and titled solely in his name. As security for the loan, the Bank was given a mortgage by Lawrence on the Paterson property. The Bank requested additional security for the loan above and beyond the mortgage on the newly-purchased property. In response, Mr. Castner offered mortgages on additional pieces of property, including a mortgage on the Hawthorne residence. Mr. Castner signed the Hawthorne mortgage closing documentation individually and as guardian for Rose. The money was used to relocate his business, Workman's Uniforms, to Paterson. Throughout the course of negotiations for this loan, Mr. Castner, the Bank, and First American Title Insurance Company (the Title Company) which insured the purchased property were each represented by counsel. Mrs. Castner did not have an attorney.
On November 2, 1993, Lawrence Castner died. He is survived by Rose and two children, who are the new co-guardians of Mrs. Castner. By operation of law, Mrs. Castner possesses full title to the property in question. The Hawthorne property has been sold upon court approval of the co-guardians' application. Although it approved the sale of the incompetent's property, the court reserved on the issue of the mortgage's validity and, therefore, the right to the proceeds. The Bank wishes to collect its loan from the proceeds on the now first mortgage position it holds. Plaintiffs in this action, the co-guardians, take the position that the Bank's mortgage is invalid, since Lawrence Castner did not apply for court approval prior to mortgaging his and his wife's property. They argue that the mortgage is invalid due to the mandatory requirement of R. 4:94-6 for guardians to secure court approval prior to mortgaging their ward's property. The Bank's response is twofold. Its first position is that the court approval requirement of the rule, when read in light of N.J.S.A. 3B:14-23 is not mandatory. Secondarily, the Bank argues that any attempt to interpret the rule as requiring prior court approval would result in the rule establishing substantive rather than procedural law according to the distinction made in Winberry v. Salisbury, 5 N.J. 240, 74 A.2d 406 (1950), thereby rendering the rule unconstitutional.
The parties agree that according to N.J.S.A. 3B:1-2, as guardian, Lawrence Castner held the position of fiduciary with respect to his ward. The parties also agree that N.J.S.A. 3B:14-23 specifically authorizes fiduciaries to exercise certain powers, including the power to mortgage a ward's property under his control:
3B:14-23. Powers (of fiduciaries).
In the absence of contrary or limiting provisions in the judgment or order appointing a fiduciary, in the will, deed or other instrument...every fiduciary shall, in the exercise of good faith and reasonable discretion, have the power:
e. With respect to any property or any interest therein owned by an estate or trust...
(4) To mortgage the property.
N.J.S.A. 3B:14-23 is part of what is commonly known as the "new probate code", which replaced N.J.S.A. title 3A (the "old probate code") in 1982. The old probate code sections which governed the mortgaging of a ward's property, namely N.J.S.A. 3A:20-6, 3A:20-7, and 3A:20-8, were substantially different than N.J.S.A. 3B:14-23:
3A:20-E. Borrowing of money on security of estate of minor or mental incompetent for his support and education.
When it shall be made to appear to the superior court that the personal estate and the income of the real estate of a minor or mental incompetent is not sufficient for his proper support and education or that of his spouse, household, family or children, the court may direct the guardian of the minor or mental incompetent, or a fiduciary holding real estate under a will, deed or other instrument in trust for any such person, to borrow money upon security of the real estate in this state, or any part thereof or interest therein, belonging to the minor or mental incompetent or held in trust.
(Emphasis added.)
3A:20-7. Court approval; validity of security.
A bond and mortgage, or other security, given by a fiduciary mentioned in section 3A:20-6 of this title, if the court approve thereof, shall be valid and effectual in law, and, upon delivery, shall vest in the holder thereof all the estate, title and interest of the minor or mental incompetent in and to the real estate, subject, however, to the provisions in the mortgage or other security contained.
3A:20-B. Maintenance of mental incompetent; preservation of estate; payment of debts and advances.
A guardian of a mental incompetent may, if the superior court approve of it, mortgage or pledge real or personal estate for the purpose of borrowing money to pay the debts of such mental incompetent, or discharging any encumbrance on his property, or for his maintenance, or for the preservation of his estate, or for the payment of any advances made by the guardian on account of any of the above-mentioned purposes when such advances have been made within 6 years of the commencement of the action to secure such approval.
By comparison with the new code, the old code provisions are much more detailed in delineating a guardian's scope of power regarding the power to mortgage a ward's land. These statutes clearly require a guardian to gain court approval prior to mortgaging a ward's lands, and provide the specific conditions under which a guardian may be empowered to do so.
The court rule in effect at the time of the old probate code was R. 4:94-6. This rule remains in effect today, and in relevant part, has not been changed:
Mortgage of Lands.
Actions in the Superior Court under any statute providing for the borrowing of money on the security of, or the exchange of, any real estate of a minor, incompetent or other person, shall be commenced by filing a verified complaint of the guardian or other person authorized to proceed under the statute, and shall conform with the provisions of R. 4:94 insofar as they are applicable. If the action is to mortgage land, the court shall also ascertain the manner in which it is proposed to meet the interest to accrue upon the mortgage. If it appears that the best interests of the minor, incompetent or other person would be promoted by selling the real estate rather than by mortgaging it, the court in its discretion may direct the guardian or other designated person to take such proceedings to sell the whole or any part of the same.
Thus, when read in conjunction with the old probate code, the purpose of R. 4:94-6 is to set forth the procedural mechanics a guardian must follow in order to secure the statutory requirement of court approval for a mortgage under the old system.
In 1982, when the probate code was revised, R. 4:94-6 remained unchanged. The question raised is: to what extent did the Legislature intend the court to play a supervisory role in connection with guardians mortgaging their wards' lands under the new probate code? Neither party has submitted any legislative history concerning the probate code's revision showing the Legislature's intent regarding this issue. However, the court has compared the language of the old system with that of the new, and determines that the current statutes and rule no longer combine to require a guardian to obtain court approval prior to mortgaging his ward's lands, unless required to do so by the appointing authority.
The various old code statutes both authorized the guardian to mortgage wards' lands and specifically required him to obtain court approval prior to doing so. The new code statute authorizes a guardian to mortgage a ward's land. However, it is silent as to the requirement of a court approval process. The old code language describing the conditions and purposes for which a guardian may mortgage, and the language specifically requiring a court approval were written out of the new probate code. The court interprets this elimination as an indication that the Legislature intended to eliminate the requirement of court approval.
Nevertheless, given the fact that the rule contemplates a court approval process, the court must interpret the effect of this rule in the new code system. Having been written in light of the old code provisions, the rule dovetails more neatly with the old code statutes N.J.S.A. 3A:20-6, 7, and 8 than it does with N.J.S.A. 3B:14-23. The old code statutes are ones which in terms of the rule, "provide for the borrowing of money on the security of... real estate." Additionally, the old code statutes specifically require a guardian to gain court approval as is illustrated (supra) . The applicability of the procedure set forth in the rule is therefore beyond question with regard to the old code; the statute requires court approval and the rule defines the mechanics of that process. However, R. 4:96-4 appears to be somewhat of an anachronism in light of the new code provision. N.J.S.A. 3B:14-23 is a statute which in the language of the rule "provides for the borrowing of money on the security of...real estate"; however, unlike its predecessor statutes, it does not mention any requirement of a court approval process.
In sum, the court finds that the current probate system operates as follows: The statute provides the guardian with the inherent power to mortgage a ward's estate without obtaining prior court approval-- i.e., the statute itself requires no "action in the superior court" which would render the rule's court approval procedures applicable. Thus, R. 4:94-6 describes a procedure to secure court approval if and when it is required by court order or the facts involving the guardianship operation; it does not in and of itself require a court approval process prior to mortgaging the incompetent's lands. Because of this interpretation, the court does not need to address the additional question of the rule's constitutionality.
Although the court has interpreted the interplay of the statutes and R. 4:94-6 as not requiring a guardian to obtain court approval prior to mortgaging a ward's land, this analysis does not end the inquiry, since N.J.S.A. 3B:14-36 provides that certain sales, encumbrances and transactions are voidable:
Voidable sales, encumbrances or transactions; exceptions.
Any sale or encumbrance to the fiduciary, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the fiduciary, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless:
a. The will or contract entered into by the decedent expressly authorized the transaction; or,
b. The transaction is approved by the court after notice to interested persons.
Emphasis added).
The statute is phrased in the disjunctive. The word "or" has the effect of creating distinct parts to the statute. The voidability described in the statute applies equally to the various circumstances described, namely: sales to the fiduciary, encumbrances to the fiduciary, as well as any transactions affected by a substantial conflict of interest on the part of the fiduciary. The Title Company argues that this statute does not apply, emphasizing that there has been no sale or encumbrance to Mr. Castner. However this emphasis ignores an entire section of the statute. The phrase "or any transaction affected by a substantial conflict of interest" extends the effect of voidability to any transaction, not just to sales or encumbrances to a fiduciary or organization in which the fiduciary has an interest, as the Title Company suggests. The scope of the statute must be measured in terms of the inherent parens patriae doctrine so firmly rooted in our law. The ward's interest, whether personal or via a property interest, must be protected vigorously. See In re Matter of Conroy, 98 N.J. 321, 486 A.2d 1209 (1985).
The court finds that the voidability provisions of N.J.S.A. 3B:14-36 are applicable in this matter, by reason of the positions of the guardian and ward relative to one another and Mr. Castner's course of action throughout the transaction. As security for a loan to himself, Mr. Castner mortgaged property owned by him and his ward, Mrs. Castner, as tenants by the entirety. The court finds Mr. Castner's mortgage of his ward's interest in the Hawthorne property and subsequent use of the mortgage money to purchase the Paterson property titled solely in his name to be a "transaction affected by a substantial conflict of interest on the part of the fiduciary" according to the statute. Essentially, the substantial conflict of interest was in Mr. Castner's using his ward's legal interest in her home for his own purpose. The statute provides that voidability does not apply to parties who have consented after full disclosure. However, Mrs. Castner's condition prevented her from either consenting or being given full disclosure of the transaction. Having found the mortgage to be a transaction affected by a substantial conflict of interest on the part of the fiduciary, the court deems the mortgage to be voidable by the substitute guardians as persons who have interests in the estate.
Parts (a) and (b) of N.J.S.A. 3B:14-36 provide procedures whereby a fiduciary can insulate a transaction affected by a substantial conflict of interest from voidability. In this instance, Mr. Castner could have followed part (b) of the statute and filed an action according to the procedures of R. 4:94-6, seeking court approval of the mortgage and purchase transaction. Such a process would have given the court and interested parties an opportunity to analyze the transaction and evaluate the use of the loan proceeds, to ensure if it was fair to the ward and in her best interests, and to determine the degree of risk presented to the ward, since an incompetent's estate should be cautiously managed. By failing to secure court approval according to N.J.S.A. 3B:14-36b prior to entering into the transaction, Mr. Castner left the transaction open to attack.
In N.J.S.A. 3B:14-37 the probate code provides a "good faith" exception to the voidability of transactions under N.J.S.A. 3B:14-36. In relevant part, N.J.S.A. 3B:14-37 states: "a person who in good faith either assists a fiduciary or deals with him for value is protected as if the fiduciary properly exercised his power." The Bank claims that it has dealt with the fiduciary for value and in good faith and is therefore protected from the voiding of its mortgage transaction. The term "good faith" is not specifically defined for use in this particular section of the code. However, elsewhere in the probate code (Article 7, Uniform Fiduciaries Law, N.J.S.A. 3B:14-53e, good faith is given the following meaning: "A thing is done 'in good faith' within the meaning of this article, when it is in fact done honestly, whether it be done negligently or not."
Although good faith is not specifically defined for use in N.J.S.A. 3B:14-37, the court is satisfied that the Legislature has imparted a uniform definition of the term as it is used throughout the statutes, accordingly the court will follow a definition of good faith under N.J.S.A. 3B:14-37 that is consistent with N.J.S.A. 3B:14-53e and interpretive caselaw.
Caselaw developing the meaning of good faith emphasizes that good faith is determined by looking to the mind of the particular holder, and not to what the state of mind of a prudent man should have been. Breslin v. New Jersey Investors, Inc., 70 N.J. 466, 471, 361 A.2d 1 (1976). Thus, New Jersey courts determine good faith by making a subjective evaluation. Ibid. In using the aforementioned principles, the court finds that the Bank is not protected as a good faith dealer for value. The court finds a lack of good faith on part of the Bank, since the facts of this case reveal several points which indicate that the Bank's subjective, if not objective, awareness amounted to something less than good faith.
The Bank is a sophisticated investor, and one which is in the business of lending money on the security of mortgages. Additionally, the court notes that all parties involved in this transaction (the Bank, the Title Company, and Mr. Castner), with the notable exception of Mrs. Castner, were represented by attorneys. As such, the Bank is on notice of all laws which impose special requirements when guardianship and other fiduciary relationships are involved in transactions. Mortgages involving guardianships must, therefore, be handled differently, and with an additional level of scrutiny.
Examination of the interests of title holders to potential security is part of the regular lending process for banks. As the Bank underwent this process in making the loan to Mr. Castner, it discovered the joint interest the Castners held in the Hawthorne residence. By analyzing the closing papers, the Bank was also aware of the fact that Mr. Castner was taking the Paterson property solely in his name. Furthermore the mortgage documents indicate that the Bank was aware of the guardian/ward relationship of the Castners. The court must conclude that the Bank was therefore aware of the factors creating the substantial conflict of interest, in addition to the law governing such situations, and cannot be said to have taken the mortgage in good faith as against Mrs. Castner.
The court finds the mortgage encumbrance voidable by reason of equitable concerns as well. The bank knew or should have known via its loan procedures and requirements, as well as the knowledge of its attorney, that the closing was commercial in nature. However, the added security was a one-family residential dwelling, one owner of which was an adjudicated incompetent. The incompetency order involved in the adjudication waived the bond requirement, except for the sale of realty. Note in this regard the mortgage resulted in the transfer of equitable title; and the reference in the order, even if only obliquely referring to equitable title, should have alerted the Bank's attorney of the court's concern regarding the real property of the incompetent. Compounding the issue is Mr. Castner's position as the sole beneficiary of the commercial transaction, and Mrs. Castner's lack of representation throughout the entire transaction. The Bank's request to utilize the Hawthorne property as an additional protective layer of security above and beyond the mortgage on the purchased property gives rise to the implied knowledge that this property had a real risk of exposure to possible forfeiture, which has now occurred. The Bank in a sense was therefore responsible for the creation of the conflict situation when it made this request. However, it did not require Mr. Castner to first obtain court approval in order to insulate the transaction; instead, it took the mortgage, along with the voidability risk the transaction entailed. The court in its equitable power cannot allow the invasion of the ward's limited estate where, as here, the benefit to the ward was practically non-existent, without ignoring the parens patriae obligation it has to the ward. Matter of Conroy, 98 N.J. 321, 486 A.2d 1209 (1985); Matter of Grady, 85 N.J. 235, 426 A.2d 467 (1981); Fantony v. Fantony, 21 N.J. 525, 122 A.2d 593 (1955); Johnson v. State, 18 N.J. 422, 114 A.2d 1 (1955).
The court holds under the totality of the circumstances that the mortgage transaction is void and the encumbrance of the bank must be removed.
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Mamanista! » Friday Playgroup, Mommy Blogs, Parenting Blogs » Friday Playgroup: July 27, 2007
Friday Playgroup: July 27, 2007
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