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May 19, 2011
LINDA HASBROUCK, PLAINTIFF,v.ARROW FINANCIAL SERVICES LLC, DEFENDANT.
Plaintiff Linda Hasbrouck ("Hasbrouck" or "plaintiff") commenced the within action seeking damages as a result of defendant's alleged violation of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq . Specifically, plaintiff alleges that defendant violated §§ 1692e; 1692e(10); and 1692f of the FDCPA. Presently before the Court is defendant's motion for summary judgment and an award of attorney's fees and costs (Dkt. No. 22) and plaintiff's cross motion for summary judgment (Dkt. No. 27).
FACTS AND BACKGROUND *fn1
Plaintiff is a citizen of the State of New York and resides within the Northern District of New York. Defendant Arrow Financial Services, LLC ("Arrow" or "defendant") is a Delaware limited liability company authorized to do business in the State of New York.
Prior to July 2008, Arrow, a debt collection agency, purchased a credit card account under the name of Linda Hasbrouck from HSBC Bank Nevada ("HSBC" or "Household"). At the time of the purchase, Arrow obtained electronic account information regarding Hasbrouck's account from Household. This information, which defendant refers to as the "Boarding File" included: plaintiff's name; address; social security number; telephone numbers; the account number on plaintiff's Best Buy account; the date the account was opened; the date of the charge off; the balance at the time of the charge off; and the date and amount of the last payment. Arrow concedes that, at the time it purchased the account, Household did not provide the following: the original application for credit as signed by plaintiff; the cardholder agreement; proof that the cardholder agreement was provided to plaintiff; copies of monthly statements; or proof that payment of the balance due had been demanded.
On July 14, 2008, Arrow commenced a lawsuit against Hasbrouck in Schenectady City Court. *fn2 In the complaint, Arrow alleged, "[u]pon information and belief [Hasbrouck] in person or through an agent made credit card purchases or took money advances under a credit card or line of credit account or promissory note/loan - which a copy was furnished to [Hasbrouck]. [Arrow] purchased this account for value and [Hasbrouck] was notified of same". Arrow also alleged, "[t]here remains an agreed balance on said account of $3,224.43 due and owing on [Arrow's] cause of action, no part of which has been paid although duly demanded".
On October 31, 2008, Arrow moved for a default judgment against Hasbrouck. In support of that motion, Arrow submitted an Affidavit entitled "Affidavit of Facts Constituting The Claim The Default and The Amount Due" setting forth the facts supporting its claim and the amount owed. On July 1, 2008, Geamen Izdou, an authorized agent/officer employed by Arrow, executed the affidavit. Izdou stated, "[o]n information and belief, the defendant through an agent made credit card purchases or took property advances under a credit card or line of credit account or promissory note/loan which a copy was furnished to defendant". The affiant further stated that Hasbrouck was delinquent on the credit card account that Arrow purchased from HSBC, the original creditor. The affiant based his conclusions on, "a review of plaintiff's (Arrow's) books and records as well as account information provided to plaintiff (Arrow) by Household [HSBC]". *fn3
Arrow obtained a default judgment against Hasbrouck in the amount of $3,224.43 together with statutory interest and costs. In November 2008, Hasbrouck learned of the default judgment. On December 1, 2008, Hasbrouck retained counsel to represent her in the Schenectady City Court action. On December 8, 2008, the parties agreed to vacate the default judgment. On May 18, 2009, the parties stipulated to discontinue the City Court action without prejudice.
On June 30, 2009, plaintiff filed the within action alleging that defendant violated the FDCPA by, "submitting an affidavit in a state court collection action which falsely represent [sic] that the affiant has personal knowledge of the material facts constituting the allegations and possessed documents which support the action's claims". Plaintiff further alleged, "Arrow, on the date of the affidavit and otherwise, never had anything from Household and had no books and records regarding any account in my name".
On July 15, 2009, Paul C. Ziebert, Arrow's Vice-President and Senior Corporate Counsel, requested additional account documentation from Household. Household responded by providing Arrow with the following: copies of the Best Buy credit card application executed by Hasbrouck dated January 13, 2006; the cardholder agreement; and copies of monthly account statements covering the period January 2006 through May 2007. *fn4 Ziebert claims that these documents were provided to Hasbrouck's counsel on August 3, 2009, prior to Arrow responding to the complaint. *fn5
On September 30, 2009, Arrow filed an Answer to the complaint.
On November 20, 2009, defendant filed a motion for judgment on the pleadings. On March 26, 2010, District Judge Gary L. Sharpe issued an order denying defendant's motion noting that, "Hasbrouck's complaint gives rise to at least a plausible inference of falsity, and alleges a potentially viable claim under the FDCPA."
A. Standard on Motion for Summary Judgment
Summary judgment is appropriate where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See Fed. R. Civ. P. 56(c). Substantive law determines which facts are material; that is, which facts might affect the outcome of the suit under the governing law. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 258 (1986). A party moving for summary judgment bears the initial burden of demonstrating that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c); see Celotex Corp. v. Catrett , 477 U.S. 317, 323 (1986). If the Court, viewing the evidence in the light most favorable to the non-movant, determines that the movant has satisfied this burden, the burden then shifts to the non-movant to adduce evidence establishing the existence of a disputed issue of material fact requiring a trial. See id . If the non-movant fails to carry this burden, summary judgment is appropriate. See id .
Summary judgment pursuant to Federal Rule of Civil Procedure 56 is only appropriate where admissible evidence in the form of affidavits, deposition transcripts, or other documentation demonstrates the absence of a genuine issue of material fact, and one party's entitlement to judgment as a matter of law. See Viola v. Philips Med. Sys. of N. Am. , 42 F.3d 712, 716 (2d Cir. 1994). No genuinely triable factual issue exists when the moving party demonstrates, on the basis of the pleadings and submitted evidence, and after drawing all inferences and resolving all ambiguities in favor of the non-movant, that no rational jury could find in the non-movant's favor. Chertkova v. Conn. Gen 'l Life Ins. Co. , 92 F.3d 81, 86 (2d Cir. 1996) (citing Fed. R. Civ. P. 56(c)).
B. 15 U.S.C. § 1692e; 15 U.S.C. § 1692e(10) ; 15 U.S.C. § 1692f
"The Fair Debt Collection Practices Act, is intended to eliminate 'abusive debt collection practices' and imposes civil liability on any 'debt collector' who does not comply with its provisions." Gargiulo v. Forster & Garbus Esqs ., 651 F.Supp.2d 188, 191 (S.D.N.Y. 2009). Section 1692e provides, in relevant part:
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
15 U.S.C. §§ 1692e, 1692e(10); see also Maguire v. Citicorp Retail Servs., Inc. , 147 F.3d 232, 235 (2d Cir. 1998) (quoting 15 U.S.C. § 1692e). "In evaluating potential violations of the FDCPA, the court must use an objective standard based on whether the 'least sophisticated consumer' would be deceived by the collection practice." Id . (citations omitted). The least-sophisticated-consumer standard applies to violations of § 1692e(10), as well as § 1692f. Grden v. Leikin, Ingber & Winters, P.C. , 2010 WL 199947, at *4 (E.D.Mich. 2010) (citing Lewis v. ACB Bus. Servs., Inc ., 135 F.3d 389, 400 (6th Cir.1998)). For the purposes of § 1692e, if a statement would not mislead the unsophisticated consumer, it does not violate the FDCPA - even if it is false in some technical sense. Wahl v. Midland Credit Mgmt., Inc ., 556 F.3d 643, 646 (7th Cir. 2009) (citation omitted). In Wahl, the Court of Appeals held:
Wahl can't win simply by showing that Midland's use of the term "principal balance" is false in a technical sense; she has to show that it would mislead the unsophisticated consumer.
The "unsophisticated consumer" isn't a dimwit. She may be "uninformed, naive, [and] trusting," but she has "rudimentary knowledge about the financial world" and is "capable of making basic logical deductions and inferences."
Id . at 645- 46 (internal citations omitted).
Commenting on the "unsophisticated consumer" standard, the Second Circuit has held, "this standard serves the dual purpose of protecting all consumers, including 'the naive and the trusting', from deceptive debt collection practices, and protecting debt collectors 'against liability for bizarre or idiosyncratic interpretations of collection notices'". Clomon v. Jackson , 988 F.2d 1314, 1320 (2d Cir.1993).
Mere speculation that a document confuses the unsophisticated debtor is not enough to survive a motion for summary judgment filed by a debt collector. Beler v. Blatt, Hasenmiller, Leibsker and Moore, LLC , 2006 WL 1423118, at *3 (C.D. Ill. 2006). The debtor must establish evidence of confusion with more than his own self-serving assertions. Id . (the plaintiff admitted in open court that she owed money to the defendant and had no difficulty understanding her relationship with the entities; the defendant was entitled to summary judgment). To succeed in an action based upon the FDCPA, "a showing of more than literal falsity is required" . Berg v. Blatt, Hasenmiller, Leibsker & Moore LLC , 2009 WL 901011, at *6 -7 (N.D.Ill. 2009) (an "affidavit's inaccurate recitation of the debts and interest owed will not in themselves carry the day for [the plaintiff]"); Gargiulo , 651 F.Supp.2d at 192 (it is not enough to allege that statements were false).
Moreover, there is a materiality requirement for allegedly false statements under § 1692e. Hahn v. Triumph P'ships LLC , 2009 WL 529562, at *2 (7th Cir. 2009) ("as a logical extension of Wahl , '[a] statement cannot mislead unless it is material, so a false but non-material statement is not actionable'"); see also Miller v. Javitch, Block & Rathbone , 561 F.3d 588, 596 -97 (6 th Cir. 2009) ("Appraising the complaint in a common sense way convinces us that, just as [the plaintiff] "pretty much" understood [the] language, so too would the least-sophisticated consumer"). An immaterial statement or information does not contribute to the objective of the FDCPA nor does it undermine it. Hahn , 557 F.3d at 757-58. Statements are material if they influence a consumer's decision-to pay a debt or if they would impair the consumer's ability to challenge the debt. O'Rourke v. Palisades Acquisition XVI, LLC , 635 F.3d 938, 942 (7 th Cir. 2011) ; see also Hale v. AFNI, Inc ., 2010 WL 380906, at*8 (N.D.Ill. 2010) (citations omitted) (finding that the statement that the defendant was "unable to investigate due to insufficient information" was material as it impaired the consumer's ability to challenge the debt and her decision to pay the debt); see also Midland Funding LLC v. Brent , 644 F.Supp.2d 961, 971 (N.D. Ohio) (statements by an affiant that he had personal knowledge of the debt, account and the debtor were material to the issue of whether the debt was valid).
Here, when read in a light most favorable to plaintiff, the complaint includes two allegations: (1) Arrow lacked proof of the debt when it filed the state court action; and (2) Arrow submitted a false affidavit in City Court in violation of the FDCPA.
1. Proof of Debt
In opposition to defendant's motion, plaintiff provided an Affidavit stating:
Whether I owe the debt or not is irrelevant to the question at hand, it does not excuse Arrow's conduct, Arrow took a default judgment against me without having actual proof of the debt, then tried to take my property, too. When they were called on the question, they folded.
Plaintiff's Affidavit at para 5.
Defendant argues, "[t]o the extent that plaintiff is suggesting that Arrow violated the FDCPA because it did not have sufficient documentation to prove that she owed the debt, she is mistaken". The Court agrees.
The majority of district and appellate courts have routinely held that, "the filing of a collection lawsuit without the immediate means of proving the debt does not violate the FDCPA".
See Krawczyk v. Centurion Capital Corp ., 2009 WL 395458, at *10 (N.D. Ill. 2009) (citing Harvey v. Great Seneca Fin. Corp ., 453 F.3d 324, 330-31 (6 th Cir. 2006) (even when viewed from the perspective of an unsophisticated consumer, the filing of a [ ] suit . . . does not have the natural consequence of harassing, abusing or oppressing a debtor")); see also Deere v. Javitch, Block and Rathbone LLP , 413 F.Supp.2d 886 (S.D. Ohio 2006) (the court granted the defendant's motion to dismiss noting that the plaintiff did not allege that the state court collection complaint or the affidavit attached contained a false representation); see also Clark v. Unifund CCR Partners , 2007 WL 1258113, at *4 (W.D. Pa.2007) (the allegation that the defendant law firm made a false or misleading representations by attaching an affidavit to a state court complaint without documentary evidence of the debt is insufficient to establish a claim under the FDCPA).
Accordingly, the Court grants this portion of defendant's motion for summary judgment and dismisses plaintiff's FDCPA claims based upon defendant's commencement of the Schenectady City Court action without sufficient documentation or proof of plaintiff's debt.
2. Affidavit Submitted in Support of Default Judgment
Plaintiff further claims that the Izdou affidavit contained hearsay and false, misleading or deceptive statements. Specifically, plaintiff alleges that the Izdou Affidavit contained the following misleading statements:
1. Arrow had no proof that a copy of the cardholder agreement had been furnished to Hasboruck, making the statement false, even if made on information and belief, since there was no such information in the boarding file. The fact that such a statement is an element of the prima facie case makes it false and misleading in a material way.
2. The statement that "there remains a balance on said account of $3224.42, due and owing on the plaintiff's cause of action as of this date is patently untrue, contradicted by the only information Arrow had, which is the $3002.20 indicated in the boarding file.
3. The statement that the affidavit was based on a review of Arrow's "books and records" as well as, "account information provided to plaintiff by Household" infers the statements are based on substantial evidence when the only thing Arrow had was the data-laden boarding file.
As an initial matter, the Court notes that these allegations include claims relating to defendant's filing of the Schenectady City Court suit without the immediate means to prove the debt owed. As stated previously in this Order, any such allegation is subject to summary judgment and dismissal.
In support of the motion for summary judgment, defendant relies upon the Izdou Affidavit. *fn6 While plaintiff alleges in the complaint that Arrow submitted an affidavit, ". . . which falsely represent [sic] that the affiant has personal knowledge of the material facts constituting the allegations", nowhere in the affidavit does Izdou make such an assertion. Izdou avers that the affidavit is based upon, "a review of plaintiff's books and records as well as account information provided to plaintiff by Household". In further support of the motion, defendant relies upon an affidavit executed by Tonia Easterling. *fn7 At the time Easterling executed the affidavit, on December 29, 2009, she was an Outsourcing Manager for defendant. Easterling states, "our application for default judgment was based on Arrow's books and records and on account information that we received from Household. Nowhere does the affidavit say that Arrow had in its possession at the time of securing the default the account level statements sent to Hasbrouck during the eighteen months in which the account was open."
In opposition to the motion and in support of the cross motion,
plaintiff relies solely upon her own affidavit. *fn8
In the affidavit, plaintiff takes issue with defendant's
failure to prove the debt and defendant's conduct. This evidence is
insufficient to defeat defendant's motion. Not only has plaintiff
failed to provide competent and admissible evidence to prove that any
of the aforementioned statements are false, plaintiff also failed to
provide any evidence proving that the alleged false statements would
mislead the least sophisticated consumer. See Jenkins v.
Centurion Capital Corp. , 2009 WL 3414248, at *5 (S.D. Ill.
2009) (the plaintiff offered no evidence to show that the Credit Card
Account Agreement did not govern the plaintiff's account and
therefore, summary judgment was granted to the defendant). While the
Court views the evidence in a light most favorable to the non-movant,
plaintiff fails to satisfy her burden of establishing a genuine issue
of fact. Plaintiff improperly relies upon speculation and conclusory
assertions in an attempt to defeat defendant's motion for summary
Even assuming plaintiff could establish that the affidavit
contained statements that were false and/or deceptive, plaintiff has
not proven that the statements are material to the issues at hand.
Plaintiff's affidavit is completely devoid of any claim that plaintiff
was confused or that she did not understand any aspect of Izdou's
affidavit or the underlying City Court action. Plaintiff claims, "I
was upset, anxious and confused as to why they had taken my bank
account without me knowing anything about it beforehand. I felt
abused, oppressed and insecure in my daily business activities, and
shameful in surprise". Plaintiff does not claim that any confusion
contributed to her failure to challenge the debt or her decision to
pay the debt. Moreover, plaintiff does not claim that she was unaware
of her obligations, that the debt was not hers, or that she was
confused regarding the validity of the debt. See Miller
, 561 F.3d at 596 -597 (the plaintiff
admitted that she was aware of the credit card at issue, that she
stopped paying on it and further, that she "pretty much" understood
the complaint when she received it as being an attempt to collect);
but see Midland , 644 F.Supp.2d at 971 (the debtor
claimed that she was unaware of any obligation owed and had to
evaluate the affidavit and whether the debt was valid). Indeed,
plaintiff states, "whether I owed the debt or not is irrelevant to the
question at hand". Furthermore, plaintiff cannot claim that the
alleged false statements impaired her ability to challenge the debt
because immediately upon learning of the default judgment, plaintiff
retained counsel and the judgment was vacated.
Plaintiff has failed to establish the existence of a genuine issue of material fact requiring a trial in this matter. Thus, defendant's motion for summary judgment and dismissal of plaintiff's FDCPA claims as related to defendant's alleged false and misleading affidavit is GRANTED. *fn9
Defendant moves for an award of attorney's fees and costs pursuant to 15 U.S.C. § 1692k(a)(3). If the court finds that an action under the FDCPA "was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs." See 15 U.S.C. § 1692k(a)(3). Defendant must provide evidence of plaintiff's bad faith (as opposed to counsel's bad faith) and proof that the suit was instituted for the purpose of harassment. Kahen-Kashani v. Nat'l Action Fin. Servs., Inc., 2004 WL 1040384, at *7 (W.D.N.Y. 2004). In this regard, defendant provided an affidavit executed by Paul C. Ziebert. Ziebert details Arrow's efforts to obtain additional information from Household after plaintiff commenced the within action. Ziebert states, "[t]hese documents were provided to Hasbrouck's counsel on August 3, 2009, prior to Arrow responding to the complaint, to establish that Hasbrouck had no good faith basis for pursing the action". The Court finds defendant's proof insufficient and upon a review of the record, further finds that an award of fees and costs is not appropriate under the circumstances. Accordingly, defendant's motion is DENIED. See Bank v. Cooper , 2009 WL 1491227, at *5 (E.D.N.Y. 2009).
For the reasons previously stated, defendant's motion for summary judgment is granted. Accordingly, plaintiff's cross motion for summary judgment is DENIED as moot.
Accordingly, it is hereby
ORDERED that defendant's motion for summary judgment and dismissal of plaintiff's complaint (Dkt. No. 22) is GRANTED; and it is further
ORDERED that defendant's motion for attorneys' fees and costs (Dkt. No. 22) is DENIED; and it is further
ORDERED that plaintiff's cross motion for summary judgment (Dkt. No. 27) is DENIED.
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subset: commoncrawl


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skid - 2015-05-11
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Imagine, you go through a fantastic world with great environmental changes, interesting enemies, an interesting story, adventure MMO RPG game. I know that this description fits most good games, so now imagine, in this online game, you get to one of the hundreds of different characters, each with his or her own playing skills, special moves and powers, You've got new Lego game, Funcom's LEGO Minifigures online (LMO) [Free], the iOS version of the original PC game. The game offers a variety of interesting world and the environment, one included in the game and four more for the disengagement plan, the number of characters to play ridiculously amazing, and fighting, crushing, and the usual Lego building game fee.
Now, not all is beautiful; the game has a lot of great deceleration performance problems, rather than a very rare crash, can be used as part of a three-player group, especially when playing really mess with your fun. In addition, although the game to control the whole problem, such as automatic targeting system, with too strong opinions can infuriate. Finally, in an attempt to make the game safe for children, social interaction between players Funcom restrictions, which makes this online game more fun when you play when you play in LAN mode (in a room with other people), but the real Online multiplayer elements of the game hurt random player. Despite these problems, if you like Lego games, you have to play with friends or family, this game belongs to your collection.
When we wrote about recently, LMO started as a F2P computer games mainly for the younger players. The game focuses primarily on collecting many Minifigures, building a three-person team to explore a variety of environments. However, the first attempt was not successful way Funcom, the company hopes, it re-imagine the game, and released for computers and mobile phones. Developers join dubbing, film clips, scenes, scripted events, also switched F2P premium. Although this game is definitely for young players (in the registration, the game asked me to make sure my parents to let me play LMO), because it has a very smooth difficulty curve, healthy abundance around each level to find, and the relative – basic game, I think this is a lot of fun, especially since I've been a fan of LEGO, since I was a child. So, I have to agree with Funcom company claims LMO is a game for the people of all ages.
The game's performance easily at any time for the most lovely features, and plasticky charm, only Lego has (at least in my opinion) exudation. Calling the game a strange childlike sense, while also operating with good design standards, in the traditional LEGO way, the theme of the theme from the transition with ease. You might go in the land was filled with pirates, discovered ice cream truck, it still does not appear weird. Some might say that this topic does not feel out of place coherent in a network game, especially to play the horizon and the world of WOW gamers, and to some extent they are right, because a theme of the game often can help players soaked. However, the consistency of a network game theme tire also consider the number of hours spent like those players to play the game. Therefore, LMOs abilitiy mix and match theme creates a refreshing MMO is to be visually stimulating, most other online games can not be achieved the way. Graphics of the game is relatively sharp, and not too relegation from the PC version, although the nature of Lego plaza is certainly tolerance. Game music is quite lovely, with your lovely Minifigures actions and adapt to the environment of music themes.
Speaking Minifigures, and one of the pleasures of living modified organisms are collected and assembled over a hundred Minifigures game offers. The Minifigures There are three main categories, guard, forward and generators, all self-evident. All figures can attack or construction, but, for example, if you need to build a gun shot to the shore pirate, a builder will do a lot faster than the defender. Different people have a crazy variety of skills in order to really change the way you play the game; people have a jump of laser guns, while another can use honey slow incoming enemies. You can collect or by completing the task, from different works, you find along the way to assemble them, or even later in real life Minifigures Minifigures, you can play how you want to easily change the game or what Minifigures trio entertain you Most (some are really fun to watch). You can level up each character using you complete all hit the front to earn stars, although the upgrade is very similar to all the characters, including as many more injuries, causing more damage, moving speed and other skills. Developers have said they do not want to create a complex system upgrade, to avoid confusion of young players, but the leveling system still allows some customization.
The method of LMOs also control the display, developers hope the game can be for everyone to use. You can control your minifigure or by tapping the screen or using the joystick on the screen, and can attack and use the button on the right side of the screen, use your skills. These buttons are quite sensitive US joystick, but I hope they are more personalized little screen position and size aspects. In addition, automatic aiming mode, apparently to help young players, often force you to attack the wrong target, for example, you might try to kill the enemy boss, but the game forces you to adhere to the mob attack around him. Also switch minifigures, this is not much help when you are under attack by the five skeletons, two tigers and a few monkeys, a small delay occasionally. The menu is rich and colorful, well-designed, and how many did not force you to dig display all the necessary information. The screen can display information Minifigure with people skills, his description, or even a fun section, located within the character Lego Universe.
The story of the game is surprisingly entertaining and good production values. LMO using powerful voice actor, helping the story come alive, the game is filled with cutscenes, and there are a lot of humor throughout. The rhythm of the story is very good, do not drag, and all of the quests is very short, but interesting, mostly for the goal of "crush all of X" or "kill all Y" type varieties, but some of the original too like artillery fire boat built target. To be honest, I was surprised at how consistent the whole story is, and how it is to guide the player along a path much fun and there is no limit.
Bearing in mind the huge, ambitious LMOs is how, I'm not surprised encountered many technical problems and failures. I've been playing games on my iPad Air, or I already have quite a bit of sabotage. In addition, I have collapsed and panic, you can stand in the single-player game, but can be quite annoying when you are playing with other people. To Funcom company's credit, the company has continued to update the game the last few days, I can already see some improvement; however, the problem still exists, but they are definitely damaged the cross-platform aspects of the game, because they make the play on the computer Friends slightly embarrassed.
Even without performance problems, LMOs multiplayer side is not the most fascinating, because there are conducive to making the game safe for children (it really is) is, Funcom decided to limit player interaction. Add friends to your forum is very easy, because you can see them in your area to add all the other players and the click of a button, you can even use their player code to add specific friends or family. However, the LMO does not provide a team, you really can not communicate with other players sense; in a way, they are likely to become the preparations. I understand the need to protect children online, but you can not have a fun online games without good players to communicate.
Finally, when it comes to monetization decisions, Funcom's designers gave an interesting interview in GameSpot, they explained that they decided to switch from the F2P premium. Obviously, they are tired of the walls behind their content, they want to purchase through the elimination of unilateral action plan for children, as if the world ends tomorrow, any set of parents worry about the players at ease. In addition, they claim that it is difficult to make a F2P game than one premium, because "you feel kind of dirty, when you create a micro transaction based game." I have to admit, I like to enter the game Shops, contains only four projects, additional world, priced at $ 2.99, rather than unilateral action plan a long list. With about $ 17 you can get a great game, play it, and not worry about wage wall (though you still need to reach a certain level to unlock new worlds, much like most games).
Lego Minifigures OnlineOverall, LMO is a very fun game large amount of content that will entertain young and old (ER) players. Lot Minifigures also trigger the need "to collect all", which add another layer of games. The game is not perfect, it has tarnished the entertainment value of the game's technical problems, especially when playing with others. For me, though, the biggest regret of the game is the relative lack of interaction with other players, to the detriment of one of the game's biggest features, its MMO properties. However, if you can play the game with the players in the same room, you will have lots of fun, crazy world Lego Universe through the crossing.
EverQuest II server time locking PROGRESSION GO life today
"I have always been too lenient with you, and for that I apologize. Perhaps if I had been stricter, it would not have come to this. But I want you to know that everything I do now, I do because I admire you… because I have faith in what you can one day become."
EverQuest II will be launched some time 2:00 today, locking the progress of the server. Stormhold, PVE server, and Deathtoll, PVP server, will allow players to determine the fate of EQ2 each server players jump into the free play games, MMORPG experience because in the original version, and by the subsequent expansion of new players experienced.
Although EQ2 is free to play, the time progress of servers are not locked. Players To access these servers will have to be a member of all visits. USD $ 14.99 per month when all access is paid monthly subscription fee.
I do not know what time locked progress server? I'll answer you EQ2 Q & A:
These are for those on a period of history of EverQuest II membership Lock ALL ACCESS particular server. Over time, additional expansion content unlocked on these servers. YOU CAN unlock the preference vote in our survey starting today. We will also launch each server community poll SO those players can determine the future of their servers.Read More
DEVILIAN live stream shows Dungeons & More
"I know what he did. And I know what you did." Zelkyr flung open Viryx's window. He reached toward the group of kaliri perched outside. The high sage stroked the feathers of one bird. It cooed softly.
If you are in the west, you probably do not know a whole lot about Devilian online. The Ginno by the Bluehole developed and was released later in the year in the West Trion World, Devilian online is kind of a hybrid of Diablo-style game and between traditional MMO. Free to play title features an open world, underground city queuing system, like the Rift Valley Rift events.
If you missed Friday's game live stream and interest from Devilian team, it certainly is worth the watch. Not only team to take you through an example of a dungeon (solo and group dungeons dungeons), but many other basic questions answered as stream expanded. Movement or mouse clicks or WASD to move (the player chooses), pets are not fighting pet, but provide similar robbery and sales from outside or enthusiast project allowance, equidistant from the camera is not locked, but could be reduced to a third more People map, and more.
There are many practical Devilian proposed form, players can become once they Devilian meter is full of information. There will be no cash shop type of project, allowing the player to always stay in Devilian form. All players will have to learn how / when to use this ability is limited, you will actually leveling Whether your character and your Devilian form. The two sides even has its own skills development and gear. In PvP, however, all the players are always in Devilian form.
Auction houses, the daily challenges, and gear statistical issues were answered.
The team also poke a growing need for cash key to open the shop, say they hate the mechanism, it will not have fun Devilian online gaming box. Drop in on the screen is that you take, there is no "Need Before Greed" function, if it drops on the screen, it is yours.
Be sure to check out the latest knowledge and first-class reveal, and when you register on beta Devilian online sites.Read More
Why Wow Won't (or Shouldn't) Go F2P
Tomorrow will bring some form of big announcement for Blizzard's (and the industry's) flagship title, World of Warcraft. We're most likely to get news of some new expansion loaded with lots of new and rehashed features, but rampant speculation points toward the possibility of some F2P announcement. I'm pretty sure that one is still many years away.
Blizzard has made a business of keeping WoW's course steady as she goes. WoW has been about raiding since 2005. They could have changed that model to try and attract more people, but they don't. There's no need to change a sure thing, even if your numbers are only making you 100M a month. The cash flow is still fantastic, and WoW's subscription numbers will skyrocket once again. Even if the numbers grow to HALF of what they were in Q1, that represents ENORMOUS growth. When your product bounces back that well in the next iteration, you don't change. You wait until it stops bouncing back — at least Blizzard can afford to wait when it still generates that much cash. Change of this magnitude is far too radical to make simply for the sake of change.
The changes to the game itself to accommodate F2P would alter the very essence of WoW, and that itself would ignite a loss in players. Players, especially WoW players, do not want change. They don't. Again, that's why WoW has stayed the same game and simply become easier over the years. You have the same game providing the same experience, and doing everything it can to continue to provide that same experience with the least amount of friction possible.
Read More
Melee Hunters May Bring Me Back for WoW Legion
Demon Hunters look neat, but the one class I'd be interested in playing if I returned to WoW is the Melee Hunter. Hunters have always been special to me. My first class in WoW was a Hunter. I was the first level 60 Hunter on my server, first with any set items, first with full hunter set items, and first with the Rhok'delar. I was all about the Hunter class! Throughout my tenure as a Hunter, I always wished for the ability to go Melee Spec (and be viable) like Rexxar.
When I saw the Eagle Spear artifact I was originally thinking Druids. When they said Hunter I was a bit shocked. A spear? for a Hunter? Could this be the return of Keen to the Hunter class?
If WoW ultimately brings me back, I might have that chance. Here are the confirmed roles for Hunters in WoW's Legion Expansion:
Survival: Melee Spec (with pet)
Beast Mastery: Ranged spec (with pet)
Marksmanship: Ranged spec (no pet)
Thea idea of a hunter fighting alongside a pet is awesome to me. I'm a pet class fan. Most people play the pet class because it's usually the solo friendly option. In EverQuest, I was a Necromancer as my main — the epitome of solo friendly. However, I grouped most of my time in-game. Why? I like being social, but at the same time I like having a companion. I like having my pet feel like an extension of my character. The more my class interacts with the pet, and synergizes with it, the more I enjoy playing.
Introducing a melee hunter as a legit way to play is quite a change. Hunters are known for their ranged DPS. I'm curious if Hunters will be given the same respect as melee characters and actually allowed to put out competitive DPS. I could actually see the spec being utility, though. Maybe buffs or… maybe become a tank class?
I hope that the hunter class with a pet offers more to a group. I'm a little skeptical since most of WoW has gone to way of pure DPS, pure Heals, or pure Tanking. There isn't much left for strategic play or the need for support, but I still have hope for the class to be more than sending your pet in to attack and raptor striking non-stop.
I'd also love more of the game to revolve around the pets. Pets had really neat features and mechanics back in the early days of WoW. Catching a pet and finding the perfect one was a lot of fun. I hope the Hunter class hall has some neat activities centered around pets.
Anyone else as interested in a Melee Hunter? I fear asking the question might reveal I am once again interested in the most popular class/spec.Read More


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Look Around You
A friend reminded me today about the brilliant BBC series Look Around You.
Every episode seems like a science lesson from 1981 (even if some are dedicated to Reggae or Ghosts), but both seasons date respectively from 2002 and 2005. Everything looks and sounds at first like the real thing, but if you're alert you'll see that a lot of what is said and done is slightly nonsensical, or just downright absurd. It masterfully captures the details and quirks of 1980s Britain, right down to the pasty white complexions of the characters and the common distrust of foreign things (germs, like the Windsors, come from Germany).
Even if it's (loosely) about science, Look Around You could also be about the designed things around us: the show manages to recreate the look and feel of the 1980s by getting the props, the clothes and the mustaches of the era right; but the best part about it is the overall enthusiasm over electric, electronic and even (blimey!) digital tools and inventions, portrayed in a both ironic and nostalgic way.
This post was part of a series published on http://maydaypost.wordpress.com for Liz Danzico and Khoi Vihn's segment of the Print Meets the Web course.
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Dan Cohen, managing director and head of government relations at the Depository Trust & Clearing Corp., touts the principle of "open access" as mandated in the Dodd-Frank Act, saying it protects the reporting process for over-the-counter derivatives trades. However, he argues that disruptions to the reporting chain could occur unless regulators make sure that the principle is reinforced in the implementation of the Dodd-Frank measures.
Full Story:Roll Call (free content)


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+ 912 925 6996
387 Canebrake Rd. Savannah 31419 USA
Facilities The hotel comprises a total of 63 rooms. Services and facilities at the hotel include room service and a business centre. Wireless internet access is available to travellers in the public areas. Those arriving in their own vehicles can leave them in the car park of the establishment. Rooms Each of the rooms is appointed with air conditioning and a bathroom. A sofabed ensures a good night's sleep. Cots are available for younger guests. Guests will also find a fridge included as standard. Internet access, a TV and WiFi add to the comfort of the holiday. A hairdryer is provided in the bathrooms. The accommodation offers non-smoking rooms. Sports/Entertainment The hotel offers a gym (for a fee) to travellers. Meals Bed and breakfast is bookable. It is also possible to order breakfast.


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ISSUES AND ARTICLES MOST READ eTOC
Indexed/Abstracted in: e-psyche, EMBASE, PubMed/MEDLINE, Neuroscience Citation Index, Science Citation Index Expanded (SciSearch), Scopus
Impact Factor 1,651
Arutyunyan G. G. 1, Clarke M. J. 2
1 Orthopedic Surgery, Mayo Clinic Rochester, MN, USA;
2 Neurosurgery, Mayo Clinic Rochester, MN, USA
Tumors of the spine, though rare, may significantly impact quality of life. The management depends not only on clinical presentation, but also on histology, stage and grade of the tumor. Primary benign tumors usually are a focal problem, however, may be focally aggressive. Primary malignant tumors are always considered aggressive and are managed in a multidisciplinary fashion. Surgical treatment often requires aggressive en bloc resection to maximize potential for cure. Metastatic tumors of the spine may cause a significant impact on the quality of life. In select cases with spine instability, pain and neurologic deficit surgical management is indicated.
language: English


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The stock of Valhi, Inc. (NYSE:VHI) hit a new 52-week high and has $3.16 target or 6.00% above today's $2.98 share price. The 9 months bullish chart indicates low risk for the $1.08 billion company. The 1-year high was reported on Nov, 25 by Barchart.com. If the $3.16 price target is reached, the company will be worth $64.80M more.
The 52-week high event is an important milestone for every stock because it shows very positive momentum and is time when buyers come in. During such notable technical setup, fundamental investors usually stay away and are careful shorting or selling the stock. About 16,199 shares traded hands. Valhi, Inc. (NYSE:VHI) has risen 41.71% since April 22, 2016 and is uptrending. It has outperformed by 36.30% the S&P500.
Analysts await Valhi, Inc. (NYSE:VHI) to report earnings on March, 10.
Valhi, Inc. (NYSE:VHI) Ratings Coverage
Out of 2 analysts covering Valhi Inc (NYSE:VHI), 0 rate it a "Buy", 2 "Sell", while 0 "Hold". This means 0 are positive. Valhi Inc has been the topic of 3 analyst reports since August 28, 2015 according to StockzIntelligence Inc. The firm has "Strong Sell" rating by Zacks given on Wednesday, September 2.
According to Zacks Investment Research, "Valhi Inc. operates through majority-owned subsidiaries or less than majority-owned affiliates in the chemicals, component products, waste management and titanium metals industries. These subsidiaries and affiliates are NL Industries, Inc. , CompX International Inc., Waste Control Specialists LLC, and Titanium Metal Corporation."
Insitutional Activity: The institutional sentiment increased to 2.36 in Q2 2016. Its up 1.18, from 1.18 in 2016Q1. The ratio is positive, as 3 funds sold all Valhi, Inc. shares owned while 14 reduced positions. 5 funds bought stakes while 15 increased positions. They now own 3.52 million shares or 1.02% more from 3.48 million shares in 2016Q1.
Ladenburg Thalmann Fincl Service, a Florida-based fund reported 90 shares. State Board Of Administration Of Florida Retirement Sys accumulated 11,227 shares or 0% of the stock. Greenbrier Ptnrs Cap Limited Liability accumulated 344,790 shares or 0.15% of the stock. Sg Americas Llc has 67,129 shares for 0% of their US portfolio. Royal Commercial Bank Of Canada has 1,408 shares for 0% of their US portfolio. The Germany-based Deutsche Savings Bank Ag has invested 0% in Valhi, Inc. (NYSE:VHI). Morgan Stanley holds 0% or 2,850 shares in its portfolio. Citadel Advsrs Ltd Liability Company holds 0% or 64,590 shares in its portfolio. The New York-based Ny State Common Retirement Fund has invested 0% in Valhi, Inc. (NYSE:VHI). Cibc Asset Mngmt Inc, a Ontario – Canada-based fund reported 12,658 shares. Panagora Asset Management, a Massachusetts-based fund reported 10,314 shares. Nationwide Fund Advisors holds 0% or 10,804 shares in its portfolio. Vaughan David Il last reported 11,421 shares in the company. Horrell Inc last reported 0.02% of its portfolio in the stock. Kcg Hldgs holds 0% of its portfolio in Valhi, Inc. (NYSE:VHI) for 15,788 shares.
More news for Valhi, Inc. (NYSE:VHI) were recently published by: Streetinsider.com, which released: "Valhi, Inc. (VHI), EnergySolutions to Defend Acquisition of WCS Against U.S …" on November 17, 2016. Streetinsider.com's article titled: "Valhi, Inc. (VHI) Will Sell Waste Control Specialists Unit in ~$367M Deal" and published on November 19, 2015 is yet another important article.
VHI Company Profile
Valhi, Inc., incorporated on June 1, 1971, is a holding company. The Firm operates through four divisions: Chemicals, Component Products, Waste Management, and Real Estate Management and Development. The Firm operates through its subsidiaries, including NL Industries, Inc., Kronos Worldwide, Inc. (Kronos), CompX International Inc. (CompX) and Waste Control Specialists LLC (WCS).
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MadeIn Gallery is dedicated to the promotion of talented international artists, holding high quality art events and exhibitions, with an accent on contemporary culture development and communication. MadeIn Gallery was established in 2014 in Shanghai by MadeIn Company.
MadeIn Company, founded by Xu Zhen in 2009, is a contemporary art creation corporate, focused on the production of creativity, and devoted to the research of contemporary culture's infinite possibilities.


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For us, children's mental health is as important as their physical well-being. We are here to help children and parents in our communities achieve healthier, better balanced lives.


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BROOKLYN - Police arrested seven people and confiscated a gun at a Bay Ridge house Friday on charges that drugs were being sold from it.
Neighbors say the brothers who owned the home had been dealing drugs from the house for several years. They witnessed people coming and going and frequent fights at night.
The Community Board 10 chairperson says the board has been getting an increase in complaints about drug activity in neighborhood and hopes that the arrests will bring a drastic decline in drug sales.
An NYPD Mobile Command Center remains on 93rd Street while police continue to investigate alleged drug activity in the house.


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November 14, 1961
COMMONWEALTH EX REL. EDWARDS, APPELLANT,v.MYERS.
Appeal, No. 440, Jan. T., 1961, from judgment of Superior Court, Oct. T., 1960, No. 351, affirming order of Court of Common Pleas No. 7 of Philadelphia County, June T., 1960, No. 185, in case of Commonwealth ex rel. Harry Edwards v. David N. Myers, Superintendent. Judgment of Superior Court affirmed.*fn*
Harry Edwards, appellant, in propria persona.
Louis F. McCabe and Arlen Specter, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Bok, Eagen and Alpern, JJ.
[ 405 Pa. Page 191]
On January 27, 1957, Harry Edwards, the appellant in this case, was arrested by the police of Philadelphia and charged with armed robbery. Shortly thereafter he conferred with a reputable attorney at the bar, Joseph Skale, who on February 8, 1957 withdrew his appearance. On March 14, 1957, an appearance in behalf of Edwards was entered by H. Pollock as Voluntary Defender. On July 10, 1957, Mr. Pollock withdrew as defense counsel.
On July 23, 1957, Edwards' case was called for trial and in open court the following colloquy took place between the defendant and the trial assistant district attorney, Alfred P. Filippone: "MR. FILIPPONE: I have just talked with the defendant and he is not represented by anyone in this case, your Honor. It has been listed seven times, according to the sheet, and the last time it was continued because he had no attorney. I spoke to him today and he said he wants to get the case over with and he wants to go on without his attorney. BY MR. FILIPPONE: (To Defendant) Q. Is that right, Mr. Edwards? A. Yes, sir. THE COURT: Does he want a jury trial? MR. FILIPPONE: He said he wanted your Honor to decide the case. Q. Is that right? A. Yes.
[ 405 Pa. Page 192]
THE COURT: All right. (The defendant having been arraigned pleads not guilty and waives jury trial.)"
Later on Mr. Filippone verified that this colloquy had been duly recorded by the court reporter.
The first witness in the trial, Leon A. Kligman, identified the defendant as the man who had robbed him. After he testified, the trial court said to the defendant: "You are entitled to ask him anything you want to now in your cross-examination. You can question him, if you wish." The defendant replied: "I have nothing to ask him, sir."
The next witness was the arresting officer. The defendant asked him several questions in cross-examination.
Then a Frank Craddock testified to circumstances highly incriminatory of the defendant. The defendant cross-examined him.
At the termination of the Commonwealth's case, the court addressed the defendant: "Now, Edwards, you can call any witnesses to testify for you or you can testify yourself, if you wish. Do you want to call any witnesses?"
The defendant said he would like to have Detective Zeitman testify. Zeitman took the stand and the defendant put several questions to him. The defendant himself then took the stand. His defense was an alibi. He stated that he was in a barroom at the time the robbery occurred and mentioned the names of two persons who could substantiate his alibi. Mr. Filippone asked him if he would like to have these persons called as witnesses. Edwards replied: "... I would rather go on and be tried and get it all over with, I mean, it's a strain on me, and so forth; I would rather be tried and get it over with."
Later on he changed his views in this respect and said: "Well, if you can get them in here tomorrow that will be all right, sir."
[ 405 Pa. Page 193]
Mr. Filippone at this juncture addressed a query to an attorney Sprague who, it appears, had been a Voluntary Defender for the defendant, asking him if he had the names and addresses of persons who would testify in the defendant's behalf. Mr. Sprague suggested that whatever information Edwards had imparted to him was in the nature of a privileged communication. The attorney apparently feared that the witnesses being mentioned might not help the defendant. Mr. Filippone then asked Edwards if he wanted the witnesses to be summoned. The defendant replied: "Judge, your Honor, we can forget about the witnesses, I would rather go on and be sentenced right here and now, sir."
The court repeated that the defendant had the right to have witnesses called, and then, after some demurring, the defendant agreed to have the witnesses appear. The judge adjourned court until the following day when a Robert Seymore appeared and the defendant questioned him. Another summoned witness, a Mr. Waldo, did not show up. Mr. Filippone now asked Edwards: "Would you rather have this case be continued on trial to see if we could locate Waldo for you or would you rather have it disposed of today?"
Edwards replied: "I would rather have it disposed of today."
The court found Edwards guilty and sentenced him to from 6 to 20 years in the Eastern State Penitentiary.
On June 8, 1960, Edwards petitioned the Court of Common Pleas of Philadelphia County for a writ of habeas corpus, asserting that he had been denied due process of law in that the court failed to provide him counsel. The court of common pleas, after hearing argument but without taking evidence, dismissed the petition. This appeal followed.
In his brief filed with this Court the appellant alleges that the trial judge asked him: "Do you want a lawyer?" and that he replied, "Yes, sir." He then
[ 405 Pa. Page 194]
states: "Whereupon, the said trial judge turned to the general court room audience (spectator section) sic! and verbally inquired thereto: 'Are there any attorneys in the audience?'"
Without the slightest bit of evidence to support this averment, and with all the practice, customs and procedure of our criminal courts arguing against its verisimilitude, it is apparent that the petitioner has drawn on a very active imagination in portraying this scene which he has obviously confused with the proverbial query coming from the platform or stage (when one of the principals has collapsed in mid-act or midspeech), namely, "Is there a doctor in the house?"
In Commonwealth v. Kadio, 179 Pa. Superior Ct. 196, the appellant claimed that he had been overreached in being deprived of counsel. The Superior Court said: "There is a presumption that the proceedings were regular and that the court properly performed its duty to appellant regarding his right to counsel... He cannot sustain his burden of showing irregularity or unfairness by general, vague, undetailed averments, and conclusions unsupported by competent evidence."
The petitioner obviously produces another piece of manufactured melodrama when he says that the assistant district attorney, while in court, approached him and sotto voce (the appellant describes it as "beyond the earshot of trial court stenographer") asked him whether he wanted to go on trial that day. The petitioner says that he agreed to go on trial provided he had a court-appointed attorney and that he would be satisfied to be tried without a jury. Then, the petitioner says: "Said district attorney then stepped to the bar of the court and verbally (in earshot of stenographer) employed deceit and trickery on your relator by compiling several propositions in one statement, and presenting the whole to relator in the form of one question."
[ 405 Pa. Page 195]
This bold but wild shot fails to hit any target of credibility because, as was said in Commonwealth v. Kadio, supra, it is "unsupported by competent evidence."
With regard to the proposition of being tried without counsel in a non-capital case, this Court said in Commonwealth ex rel. McGlinn v. Smith, 344 Pa. 41, 49: "The fact that the Supreme Court of Pennsylvania has never during its two and a half centuries of existence deemed it the duty of trial courts to provide (except in capital cases) counsel for accused persons where none was asked for strongly supports the postulate that the failure to provide counsel under the circumstances here present is not a denial of 'due process of law,' a fundamental of Anglo-Saxon justice which has been expressed in every constitution of this state and upheld by its judiciary since the American Union was formed."
In Commonwealth ex rel. Uhler v. Burke, 172 Pa. Superior Ct. 108, 114, President Judge RHODES said: "Our courts have repeatedly said that failure to provide counsel when none is requested, or to advise a defendant that counsel will be assigned to him upon request does not constitute, ipso facto, a denial of due process or other violation of the defendant's constitutional rights in non-capital cases."
Of course, no court worthy of the name would deny counsel to an accused simply because he did not ask for one in a formal manner or if it was apparent that he was ignorant of his rights or if, because of circumstances beyond his power to direct, he had no opportunity to ask for counsel. On the other hand no court worthy of respect as a deliberative tribunal would release a dangerous criminal, convicted after a fair trial, to prey on society when all the facts demonstrate that he was allowed the fullest chance to ask for counsel and patently was satisfied to go to trial without counsel.
[ 405 Pa. Page 196]
Especially is this true when the trial court exerted itself in every possible manner to help the defendant in presenting his defense through cross-examination of Commonwealth witnesses and production of witnesses of his own.
The trial judge in this case leaned backward to a Tower of Pisa angle in protecting the defendant's rights in every phase of the case. The trial spanned two days mostly because the judge adjourned court the first day to allow the defendant to get witnesses. The defendant could at any time have simply stated: "I want a lawyer." He certainly knew the functions of a lawyer. He had counseled with two and possibly three attorneys prior to the trial.
The record would suggest that the reason Edwards did not ask for a lawyer at his trial is that he saw some advantage in being his own lawyer. By being lawyer-client in one, he could testify in the guise of asking questions, which he did. Nor was his performance as his own counsel a blundering job. While it cannot be said that he performed as an amateur Clarence Darrow, neither can it be said that he was wholly ignorant of the manner of putting questions so as to elicit answers which he assumed would be helpful to his case.
Harry Edwards has had his day in court. His crime was a vicious one. In broad daylight he walked up to his victim with a pistol in his hand and said: "Okay, bud, get in if you don't want to get your brains blowed out you will do just as I tell you."
He thrust the pistol into his victim's ribs and compelled him to drive to an abandoned shack where, assisted by a confederate, he threw him into a dark room, tied and gagged him, and made off with the victim's car after taking all his money, a total of $4500.
Edwards' petition for a writ of habeas corpus is a crude attempt to deceive the Court through the utterance of blatantly patent falsehoods. It is the spirit of
[ 405 Pa. Page 197]
our law, and it should never be otherwise, that even a criminal of the basest dye, has the right to bring such an action as was initiated in this case because to limit its use could someday prejudice the rights of a defendant whose petition has merit in form or substance. The appellant's has neither - in abundance.
Judgment of the Superior Court affirmed.
* : On April 2, 1962 the Supreme Court of the United States denied a petition for a writ of certiorari.
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I'm always amazed when I read tips about "how to be professional" because some of the suggestions seem so obvious. Don't show too much skin. Don't wear clothing with rips or holes in it. Do make sure you know what the company you're interviewing at does. Do wear a swim suit in the public pool.
But the sad truth is, those warnings exist because people break them. All the time.
I wish I could say that salespeople are smarter than that and don't need warnings. Unfortunately, that's not true. Many salespeople make the most glaring mistakes over and over again. And the mistakes they make are the ones that are so obvious that most sales experts don't even bother writing about them (because they don't believe people can be so stupid.)
Recently, however, I was talking to one of my clients, the president of small technology firm. She was livid. Earlier that morning, a salesperson had contacted her firm and infuriated her by asking the two questions that should never be said in a cold call.
The conversation went like this:
"Who am I talking to?" the seller immediately demanded. She gave him her name – which isn't a typical one.
"How do you spell that?" he asked. She slowly spelled it out. Confused, he asked her to repeat it several times, which she graciously did.
"What does your company do?" he asked next.
That was the final straw. She finally butted in: "Are you selling something?"
"Yes," he said. Then, undaunted, he continued his interrogation. "So, what does your company do?"
"I can't believe you're asking me this," she said in disbelief. "You expect me to take up my time to educate someone who's too lazy to even visit my website and find that out? Why would you think I'd do that?"
He sputtered a couple of times and then apologized. But he'd already blown it. No recovery was possible.
I hate having to say this, but I will. Never, ever, ever ask a prospect who they are and what their company does. It's the fastest way to signify to the prospect that all you care about is getting the sale. It shows that you haven't even tried to find out anything about their company, and have no clue why your offering can solve their unique challenge.
Worst of all, it shows disrespect for the decision-maker's time. Instead of doing your homework ahead of time, you're making them stop their own work so they spoon-feed you information you should already know.
If you ask them to do that, you have already lost the sale.
There is no way that they will believe your offering will make their lives easier – because you've already made their lives more difficult.
The lesson: Contacting prospective customers before you've invested time learning about their business is a sure recipe for disaster. Don't do it!


text:
Southern Gardening: Liriope is an effective groundcover
Liriope is an old standard when the Mississippi landscape calls for a groundcover.
It is reliable in both full sun or shade, and as long as the soil is well drained, liriope will thrive in heat and drought.
Liriope is commonly known as monkeygrass or lilyturf. It is a versatile groundcover, effective under large trees where sunlight is limited or mass planted on slopes. It also creates soft borders for paved areas and foundations.
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The Equalizer 2014 480p BRRip XviD AC3 HQ TOPOL-M
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In The Equalizer, Denzel Washington plays McCall, a man who believes he has put his mysterious past behind him and dedicated himself to beginning a new, quiet life.
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BLOOMFIELD - A Bloomfield man has turned himself in to police in connection with a crash that killed a Bloomfield teen.
Nicholas Camasco, 23, faces charges of vehicular homicide and aggravated assault by auto.
According to police, 16-year-old Christina Lembo, of Bloomfield, was a passenger in the backseat of a Honda Civic when it collided with Camasco's Chevy Camaro. The accident happened just blocks from Lembo's home on Broughton Avenue.
Witnesses say Lembo was pinned in a fetal position in the back of the car.
Lembo was later pronounced dead at University Hospital.
Four others - two occupants of the car Lembo was riding in along with two of Camasco's passengers - sustained non-life threatening injuries in the crash.
Bloomfield H.S. junior killed in crash
Bloomfield community mourns loss of teen girl


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text:
How to Get Rid of Chipmunks Humanely
The trick to effective chipmunk control is an integrated strategy; using multiple control methods will help ensure long-term success. Below, Havahart® provides step-by-step instructions to help you get rid of chipmunks, as well as other useful trapping and repelling information.
- Facts
- How to Get Rid Of
1Eliminate Food and Shelter
Chipmunks are attracted to areas that offer food and shelter. Eliminate these attractants and always maintain a clean yard.
Clean up fallen berries, nuts, fruits, birdseed, etc.
Remove piles of debris, rocks and/or wood that provide shelter.
Landscaping should not be planted continuously against the building, as it would provide ample ground cover near your home's foundation. Use mesh or caulking in foundation openings to block entry to your home.
Place bird feeders at least 15 ft. from buildings so that spilled birdseed does not attract chipmunks towards your house.
TIP: Use a type of birdseed that chipmunks aren't fond of - like thistle.
2Identify Areas of Damage
Identifying chipmunk damage areas, where they frequently visit, and their travel paths will help you to choose the best solution to get rid of chipmunks.
Common signs of chipmunk damage include:
- spots eaten on plants/veggies
- dug up bulbs or seedlings
- droppings or wood gnawed in your attic
- knocked over bird feeders
- burrows under the porch
- holes in lawn, foundation or structures
3Choose the Right Control Method
Once you've targeted your problem areas, you will be able to choose the control method that's right for you. Applying more methods of control/solutions will greatly enhance your chances of successfully getting rid of chipmunks and keeping the damage to a minimum.
Live Chipmunk Trap
Using a live trap to manually remove a chipmunk living inside your home or on your property is one of the most efficient control methods for this animal. A small or extra-small-sized trap is best for these tiny critters, as the smaller mesh openings will not allow for escapes. Operating a chipmunk trap is simple:
- Wearing gloves, properly position your trap in an area with damage.
- Bait the trap by placing peanuts (or another chipmunk bait) towards the back of the trap - behind the trigger plate.
- Set your trap and check it frequently. Never keep a chipmunk - or any animal - inside the cage for an extended period of time.
For more trapping tips, read How to Trap Chipmunks »
Chipmunk Repellents
Repellents that work as taste irritants are best to deter pesky chipmunks. Pepper-based repellents work best and are proven to keep chipmunks off objects and surfaces and away from homes.
- Use granular repellents to create a barrier around your mulch beds, gardens, and structures.
- Spray liquid repellents onto surfaces like bird feeders, bulbs, and ornamentals for more targeted protection.
It's important to carefully follow all repellent label directions; proper application and reapplication are critical in successfully repelling chipmunks.
For more repelling tips, read How to Repel Chipmunks »
Electronic Repellents
Another option for chipmunk control is to use an electronic repellent to frighten the animal with sudden bursts of water. Electronics are chemical-free and can be used to protect:
- vegetable gardens
- plants
- mulch beds
- pathways
- flowerbeds
- pool areas
- yards/lawns
- structures
- koi ponds
- entryways
- garbage cans
- trees
Electronic solutions rely on sight to activate. Therefore, repelling a very small animal, such as a chipmunk, may be difficult depending on your situation. The use of electronic solutions alone may not be ideal for permanent chipmunk removal, but they are great additions to traditional liquid and granular repellents as part of an integrated approach.
For more information, read Why Electronics »
Mesh Fencing
Mesh fencing, while not being the most visually appealing solution, is a very effective and economical choice for chipmunk exclusion. Use 1/4" galvanized wire mesh to exclude chipmunks:
- Create an "L"-shaped barrier to exclude chipmunks from foundations or access to crawlspaces/porches. The mesh should penetrate the ground about 1 foot.
- Lay mesh along the ground where chipmunks may dig, and cover it with soil, mulch or grass.
Make sure you do not accidentally fence in a chipmunk during installation.
Expert Tips
Chipmunks commonly raid bird feeders. Place bird feeders at least 15 feet away from buildings, so that spilled birdseed does not attract chipmunks towards them.
Plantings, woodpiles and debris surrounding your home provide shelter for chipmunks, making them more likely to enter your house or burrow underneath the foundation. Minimizing ground cover will prevent this destructive behavior.
Chipmunks enter buildings for shelter and nesting. Females birth litters of babies in the spring and in the fall. If chipmunk control is not implemented, the population of chipmunks living in or around buildings will continue to grow.
Utilizing multiple chipmunk control solutions will result in the most effective defense.
- How to Trap
- How to Repel
- Baits
Related Articles:
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text: Home > Metro Manila Pregnant woman hurt in another EDSA bus mishap ABS-CBN News Posted at Jul 05 2012 10:46 AM | Updated as of Jul 06 2012 12:12 AM Share Facebook Twitter GPlus LinkedIn Pinterest MANILA, Philippines (UPDATE) – A pregnant woman was injured after a bus rammed 5 vehicles along EDSA-Magallanes' southbound lane on Thursday morning. An Alabang-bound Cher bus went out of control and rammed two taxis, two cars and an FX. Taxi passenger Cristian Mae Gonzales, 26, was rushed to St. Luke's Medical Center in Global City, Taguig. Gonzales, who was 8 months pregnant, did not sustain any wound but complained of pain in the stomach. Doctors did not require her to be confined. The accident caused traffic buildup that reached EDSA-Ortigas. On Wednesday afternoon, a Don Mariano bus rammed the railing of the EDSA-Ortigas flyover. The accident also caused heavy traffic in the area. The bus driver was allegedly using his mobile phone when the accident occurred. Authorities said that if not for the MRT walls that blocked the bus, the vehicle would have fallen straight into the service road. – with a report from Dexter Ganibe, dzMM Share Facebook Share on Twitter GPlus LinkedIn Pinterest Read More: EDSA Magallanes /news/12/06/16/new-us-envoy-to-ph-meets-duterte/news/12/06/16/duterte-creates-office-of-participatory-governance/video/entertainment/12/06/16/in-the-loop-karel-marquez-gifts-husband-a-bmw/news/12/06/16/p350-m-drug-treatment-rehab-center-to-rise-in-davao-city/business/12/06/16/coca-cola-to-invest-1b-more-in-philippines-palace