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This week we're giving away a $500 Hyatt gift card that can be used at nearly 500 of the hotel chain's properties worldwide. You can use your $500 for stays, dining and more at any participating property, including Andaz, Grand Hyatt and Park Hyatt hotels.
You'll also have an opportunity to earn a whole lot of Gold Passport points thanks to Hyatt's fall promotion where you can earn up to 75,000 bonus points after staying 25 nights at participating properties. You can earn even more free stays by signing up for the Hyatt Credit Card, which is currently offering a sign-up bonus of two free nights at any Hyatt property worldwide after you spend $1,000 within the first three months of account opening. Additionally, you can transfer points instantly from the Ultimate Rewards program, earned with cards like the brand-new Chase Sapphire Reserve.
If you're looking for inspiration as to where to use your winnings, check out the Park Hyatt Mendoza (pictured above), a category 2 hotel requiring 8,000 points or just $95 for a one-night stay. Alternatively, you could relax poolside on Mexico's Riviera Maya at the Grand Hyatt Playa del Carmen Resort, a category 5 hotel costing 20,000 points or $199 per night.
Enter to win no later than 11:59pm ET on Monday, September 5. To enter this giveaway, send us a tweet (@thepointsguy) or Instagram a photo (including @thepointsguy in the caption) with a picture of your favorite Hyatt property in the world. Be sure to include the hashtag #WinTPGHyatt in both your tweets and Instagram posts.
Last week's winners: Last week, we gave away a $500 American Airlines gift card. Congratulations again to Heather R., who won by visited our Facebook page. Stay tuned for more great giveaways on the blog, as well as on TPG's Twitter, Facebook, Instagram and Snapchat accounts.
Good luck with this week's giveaway!
Featured image courtesy of the Grand Hyatt Playa del Carmen Resort.
Chase Sapphire Preferred® Card
|Intro APR
|Regular APR
|Annual Fee
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|16.24%-23.24% Variable
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|Excellent Credit


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7112 Mid Pines Dr., Montgomery, AL 36117
- $265,000
- reduced $5,000 on 11/ 8/2016
- 158 Days on site
- Est: $982/month
Estimate Your Monthly Payment
Data provided by Informa Research Services. Payments do not include amounts for taxes and insurance premiums. The actual payment obligation will be greater if taxes and insurance are included. Click here for more information on rates and product details.
- Mortgage Center
- Beds: 3
- Baths: 2 Full
- Single Family Home
- 2,378 sq ft
Beautiful one owner home on desirable Mid Pines Drive in Wynlakes. This well cared-for home has an open floorplan with high ceilings, lots of windows and natural light. Very spacious formal dining room opening to the foyer and kitchen. The great room features a pretty fireplace with gas logs and views of the gorgeous private backyard. From the great room you can control the surround sound that travels throughout the home and onto the covered patio. Great house for entertaining! The kitchen features granite countertops, Jennaire cooktop & grill and work island. A large breakfast room adjoins the kitchen. The master bedroom is spacious with 2 walk-in closets and sitting area. Both bathrooms have double vanities. The master bath also has a jetted tub and separate shower. The two-car garage is nicely finished with bead board wainscoating. There is a stairway in the garage leading to an attic that would be the perfect bonus room once finished. Click here to learn more about this listing.
- Year Built: 1999
- 158 Days on site
- Single Family Home
- Beds: 3
- Baths: 2 Full
Listing Details
- Appliances
- Cooktop-Electric, Dishwasher, Disposal, Microwave, Refrigerator
- Flooring
- Tile
- Parking
- Attached Garage
- Features
- BBQ, Brick Exterior, Patio
- Security
- Yes
- Cooling
- Ceiling Fan, Central Air, Central Cooling
- Heating
- Gas
- Security System
- Yes
- Assessed Taxable Amount
- $29,360
- Tax Amount
- $1,072
- Property Type
- Single Family Residence
- Bedrooms
- 3
- Bathrooms
- 2
- Rooms
- 5
- Floors
- 2
- Home Size (Sqft)
- 2,378
- Lot Size (Sqft)
- 9,622
- Lot Size (Acres)
- 0.22
- Year Built
- 1999
- Units
- 1
- Fireplace
- Single
- Parking
- Garage
- Heating System
- Forced Air
- Cooling System
- Yes
- Exterior Type
- Brick/Wood
- Foundation Type
- Slab
- Roof Type
- Asphalt
Public Facts: As provided by County Assessor and Recorder offices. May not reflect recent additions or improvements. If you see any errors, the best way to get the records updated is to contact your local county records office. If any of the information in this section conflicts with property information provided by a listing agent or broker, agent-provided information should be deemed more reliable.
Local Info
| Median Household Income
| Median Years In Residence
| Median Homeowner Age
| Households with Children
| Percent of Homes Rented
Nearby Elementary Schools
- Halcyon Elem Sch
- 1501 Parkview Dr S
- Churchill Academy
- 395 Ray Thorington Rd
- William Silas Garrett Elem Sch
- 555 Mclemore Dr
Nearby Primary Schools
- Mckee Prek Center
- 4015 Mcinnis Dr
Nearby Middle Schools
- Churchill Academy
- 395 Ray Thorington Rd
- Georgia Washington Jr High Sch
- 696 Georgia Washington Rd
- Johnnie R Carr Jr High Sch
- 1610 Ray Thorington Rd
Nearby High Schools
- Churchill Academy
- 395 Ray Thorington Rd
- Det Ctr
- Industrial School Rd
- Camps
- Industrial School Rd
These are the closest schools to your requested location. Proximity does not guarantee enrollment eligibility. Please consult your real estate agent or school district to confirm the schools you are zoned to attend.
Mortgage Rates
Data provided by Informa Research Services. Payments do not include amounts for taxes and insurance premiums. The actual payment obligation will be greater if taxes and insurance are included. Click here for more information on rates and product details.
Property Contact Info
Need More Information?
Please fill out this form to request more photos or more information regarding this property.

subset: commoncrawl


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What a remarkable art nouveau brooch! The high relief pattern shows a beautiful rose with foliage surrounded by an oval frame with four smaller roses. And the finish of this "still life" is of high quality. The brooch is in very good vintage condition. It is marked "630TN" but we couldn't make out what this means. Approximately 1¾ x 1¼" (45 x 32 mm). It is fitted with a safety clasp. This lovely brooch will ship Priority registered airmail for $6 in the countries neighboring Switzerland and $10 anywhere else in the world.
Another shopper has this item in their Cart or Wish List .
Genuine art deco treasures (porcelain, glass, jewelry & more) and obsolete diecast toys
Quality art deco - powder jars, figurines, half dolls, glass, costume jewelry - and diecast toys - Dinky, Corgi, Matchbox & more.


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Colonization of Skilled-Care Facility Residents with Antimicrobial-Resistant Pathogens
Presented at the Ninth Annual Meeting of the Society for Healthcare Epidemiology of America.
Address correspondence to William E. Trick, MD, Galter Carriage House, Suite 701B, 215 E. Chicago St., Chicago, L. 60611.
OBJECTIVES: To determine the frequency of and risk factors for colonization of skilled-care unit residents by several antimicrobial-resistant bacterial species, methicillin-resistant Stuphylococcus aweus (MRSA), vancomycin-resistant enterococcus (VRE), or extended-spectrum-B-lactamase-producing (ESBL-producing) (ceftazidime resistant) Klebsiella pneumoniae or Escherichia coli.
DESIGN: Point-prevalence survey and medical record review.
SETTING: The skilled-care units in one healthcare facility.
PARTICIPANTS: 120 skilled-care unit residents.
MEASUREMENTS: Colonization by each of the four antimicrobial-resistant pathogens during a point-prevalence survey, using rectal, nasal, gastrostomy-tube site, wound, and axillary cultures, June 1–3, 1998; 117 (98%) had at least one swab collected and 1 14 (95%) had a rectal swab collected. Demographic and clinical characteristics were evaluated as risk factors for colonization. All isolates were strain typed by pulsed-field gel electrophoresis of total genomic deoxyribonucleic acid.
RESULTS: Of 117 participants, 50 (43%) were culture positive for ≥1 antimicrobial-resistant pathogen: MRSA (24%), ESBL-producing K. pneumoniae (18%) or E. coli (15%), and VRE (3.5%). Of 50 residents culture positive for any of these four antimicrobial-resistant species, 13 (26%) were colonized by more than one resistant species; only three (6%) were on contact-isolation precautions at the time of the prevalence survey. Risk factors for colonization varied by pathogen: total dependence on healthcare workers (HCWs) for activities of daily living (ADLs) and antimicrobial receipt for MRSA, total dependence on HCWs for ADLs for ESBL-producing K. pneumoniae, and antimicrobial receipt for VRE. No significant risk factors were identified for colonization by ESBL-producing E. coli. Among colonized patients, there was a limited number of strain types for MRSA (24 patients, 4 strain types) and ESBL-producing K. pneumoniae (21 patients, 3 strain types), and a high proportion of unique strain types for VRE (4 patients, 4 strain types) and ESBL-producing E. coli (17 patients, 10 strain types).
CONCLUSION: A large unrecognized reservoir of skilledcare-unit residents was colonized by antimicrobial-resistant pathogens, and co-colonization by more than one target species was common. To prevent transmission of antimicrobial-resistant pathogens in long-term care facilities in which residents have high rates of colonization, infection-control strategies may need to he modified. Potential modifications include enhanced infection-control strategies, such as universal gloving for all or high-risk residents, or screening of high-risk residents, such as those with total dependence on HCWs for ADLs or recent antimicrobial receipt, and initiation of contact-isolation precautions for colonized residents.


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Apple's Encryption Fight With The Government Continues In New York
The Department of Justice is moving forward with a court case which could compel Apple to help them unlock a seized iPhone.By Matt Picht | April 8, 2016
The federal government's battle with Apple over encryption isn't over. The Department of Justice is pressing forward with an appeal for Apple to break into an impregnable iPhone.
The previous legal fight over a phone used by the San Bernardino, California, shooter fizzled after the FBI found a way to subvert Apple's security. But the agency says its solution only applies to a subset of older phones.
One phone the DOJ apparently can't get into belongs to Jun Feng, a New York drug dealer who has pleaded guilty to conspiracy. The government wants to get Apple to unlock the phone, and it's using the same legal justification used in the San Bernardino case.


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Pastor Trina mentioned in her sermon today a sculpture at the UN of a gun twisted into a knot. We were at the UN two weeks ago and took a picture of the sculpture (commissioned by Yoko Ono for John Lennon; originally displayed in Central Park):
Burlington Presbyterian Church
Dreamers and doubters, seekers and believers
Pastor Trina mentioned in her sermon today a sculpture at the UN of a gun twisted into a knot. We were at the UN two weeks ago and took a picture of the sculpture (commissioned by Yoko Ono for John Lennon; originally displayed in Central Park):
The Burlington Interfaith Clergy, together with State Representative Ken Gordon, will host a vigil Sunday June 19 from 1:30 to 2 p.m. on the Burlington town common in memory of the innocent lives that were lost in the senseless and unprovoked attack in Orlando this week. The entire community is welcome to gather as we pay tribute and remember the victims of the tragedy. We stand in solidarity with all who mourn in the spirit of caring and concern.
All, we'll be having services per normal despite the unseasonable weather. I've been out driving the streets of Burlington this morning and, for the most part, they are in good shape. 3A in particular is fine. Weather reports seem to indicate that the storm is moving through faster than predicted and the snow done before 10am.
However, give yourself some extra time this morning, drive safe, and use your best judgement. If you don't feel safe coming to church, please stay at home. The wind maybe a more serious hazard than the snow as it may deposit branches in the road.
We learned on Sunday that our beloved friend Steve Ross died unexpectedly Friday morning, to our great grief and loss.
Visiting hours will be Thursday, December 17th from 5 PM – 8 PM at the Edward V. Sullivan Funeral Home at 43 Winn St. in Burlington. Memorial Service will be Saturday, December 19 at 11 AM at Burlington Presbyterian Church at 335 Cambridge St. in Burlington.
A Family Tradition with Crèche, Carols and Candlelight
Thursday, December 24 − 7:00 p.m.
It's a long-lived tradition at BPC. There will be nativity tableaux vivants (or living scenes) featuring young folks in the roles of Mary and Joseph, angels, shepherds and wise men. Choir and congregation will join in many carols. The service will end with a spreading of candlelight throughout the sanctuary. Pastor Mike will give a brief message. The Christmas Joy Offering will be received. This service is a wonderful way to introduce friends and neighbors to the church – and maybe to make a difference in their lives.
Christmas Cards for George
We would like George to have a multitude of Christmas greetings. There will be cards on the table (along with labels) for you to take to send to George for Christmas. He loves to receive mail. Please help to make him smile this holiday season.
Stewardship Report
This offering, one of four special offerings designated by the General Assembly, has been in existence since the 1930s. Half of the offering is used to assist active and retired church workers in times of need. The fund supplies supplemental income for retirees and emergency assistance grants for workers with special financial needs or emergencies. The other half provides scholarships for minority students who would otherwise be unable to attend the racial ethnic schools and colleges supported by the Presbyterian Church (USA).
In order to continue providing this much-needed assistance, the Christmas Joy Offering depends on congregations like ours. These grants show our faithful response to God's charge to love one another as Christ commanded. Recipients of the grants say as important as the financial assistance was, the knowledge that the church was standing with them in time of need was even more important. As always, the Christmas Eve offering will be used for the Christmas Joy Offering. There will be envelopes in the pews for those unable to attend that service.
Food Pantry Needs
Volunteers needed at the Food Pantry. Can you volunteer a couple hours per week, or biweekly, or monthly? There are many tasks that we need help with, including helping clients to their vehicles with their groceries, organizing, shelving, and so many others. Find out more by calling 781-270-6625, or email: email@example.com, or online:peoplehelpingpeopleinc.org. Thank you!
"Wish Tree" Volunteers Needed
The Wish Tree at the Burlington Mall runs from Nov. 27 to Dec. 16. Families who are currently served by PHP have the opportunity to request gifts, or "wishes" for their children. Our goal is to provide four wishes for each child through high school age. The wishes are printed on cards to be taken by folks willing to provide that gift. When the gift is brought back to the Wish Tree a snowflake goes on the Wish Tree to indicate that wish has been met. The gifts are collected each day and then sorted to be picked up and wrapped by family members on December 21. Our days to staff the table are Tuesday, December 1 from 10 a.m. to 5 p.m. and Sunday, December 6 from noon to 6 p.m. There is a signup sheet in Fellowship Hall for folks to indicate when they can take a two hour slot to sit at the table to collect gifts. If you'd like to take a slot, but none are available, please speak to Colette Greco or Linda Roscoe, as subs are sometimes needed. Help is also needed for folks willing to pick up gifts each evening at 9 p.m. and deliver them to the sorting place. If you can help do that, see Linda.
We are in need of volunteers for December 6!
PJ and Underwear Drive
We are once again participating in the PJs and Underwear Christmas Drive for People Helping People. This year we have been asked to provide 30 such items. The specifics are written on the cards. If you have taken a card or cards, please make sure that the gifts match the sizes, styles and departments written on the wish cards. If you bring in any of these items, please do so no later than Sunday, December 13. Label the gift(s) by securely taping the wish cards onto the matching gifts. The gifts are to be unwrapped. Thank you again for your continued generosity!
Poinsettia Sales will be continuing Nov 22, 29 and December 6. Please give your order form and money to Annette Chapman-Adisho or Jackulin David. The offering this year will be to support Presbyterian Disaster Assistance in providing relief to Middle East refugees. Thank you.
Come usher in the season of Advent with fellowship and singing at our Pot-luck Advent Dinner and Sing-Along on Saturday, December 5th, 5:00 – 8:00. Bring a main dish, side dish, or dessert to share. Also, if possible, bring a pair of new mittens, gloves or hat (child-size or adult) to decorate our mission Christmas tree – we will donate them to People Helping People. Children are welcome! We will have crafts & puzzles for them. Let us know your favorite Christmas carol or song. Sign-up sheets in Fellowship Hall and back of bulletin.
Book Discussion
We are starting a book discussion on Nov 29. It will continue on Dec 13 and 20 after worship service. The book is "Year of Plenty" by Craig L. Goodwin. Snacks will be provided. Books are for sale for $13 and my email is email@example.com phone #979-777-9055 .
Letters have gone out to parents of children in 3rd grade and above for the Christmas Tableaux. Please return them as soon as possible to the box on the table in the narthex or mail them to the church, no later than November 24th. If you did not receive your letter, there are some available on the table in the narthex.
Christmas Music
The carols of Christmas touch our hearts in ways beyond any other music-reminding us of our past, bringing joy to our present, promising hope for our future.
We will be selling the Legacy Christmas CDs again this Advent season. There will be limited copies available. The cost is $15.00 each. These make wonderful Christmas gifts. The offerings this year will be split between Living Waters for the World and our congregation.
This Sunday we're going to hear from two very different voices in the Bible. The first voice is from a man called "Koheleth" (Hebrew for "the Preacher") who wrote the Book of Ecclesiastes. Folks of my generation (and older) may remember the song "Turn, Turn, Turn (To Everything There is a Season)" in which the late Pete Seeger put the words of Ecclesiastes Chapter 3 to music: "For everything there is a season, and a time for every matter under heaven: a time to be born, and a time to die; a time to plant, and a time to pluck up what is planted; a time to kill, and a time to heal; a time to break down, and a time to build up" and so on.
The focus on Sunday will be on Chapter 1, in which Koheleth writes, "Vanity of vanities, says the Preacher, vanities of vanities! All is vanity! What do people gain from all the toil at which they toil under the sun? . . .What has been is what will be, and what has been done is what will be done; there is nothing new under the sun. . .I saw all the deeds that are done under the sun, all is vanity and a chasing after the wind."
Oh, my! What a downer, we might say. Apparently there was some debate among the rabbis when they were putting together the canon of the Hebrew Bible as to whether Koheleth's voice should be included. Ultimately, his voice is heard, and in fact the whole book of Ecclesiastes is read during the Jewish festival of Sukkoth, or the Feast of Tabernacles, an especially joyous time. Koheleth's voice is read to add a serious note to the festivities. Presbyterian minister and author Frederick Buechner summarizes Koheleth's message this way: "There is nothing new under the sun, Koheleth says, with the result that everything that there is under the sun is both old, and as you might imagine in all that heat, it stinks."
Over against Koheleth we will hear the voice of Jesus in Mark's Gospel, the 5th chapter, where he heals a woman who has suffered a terrible physical condition over the course of many years, finding no relief in doctors or other helpers. In the midst of a chaotic crowd pressing in on Jesus, who is on his way to respond to another request for help, she touches his cloak—and is healed, with Jesus saying "Daughter, your faith has made you well; go in peace, and be healed of your disease. " She can live once again in wholeness.
Jill Duffield, editor of the Presbyterian Outlook points out that out of chaos and confusion, there can be newness and healing as she reflects on the church murders in Charleston SC, and the powerful voices of forgiveness that have been raised. Little did Jill know and little would Koheleth suspect that by the end of the week, many states, corporations, and institutions would take the step of removing the Confederate flag, due to its association with past terror and racism. Yes Koheleth, there is much that does not change, but as Jesus said in Revelation, "Behold, I make all things new."
Passion/Palm Sunday, March 29
Remembering Jesus' entry into Jerusalem to confront the power of sin and death.
10:30 a.m. Worship
In keeping with tradition, there will be a palm procession, special music, and the dedication of our One Great Hour of Sharing offering.
Youth will be confirmed. Children will share in a special activity.
Maundy Thursday, April 2
Remembering the Last Supper
"Maundy Thursday" gets its name from Jesus' "new commandment" (mandatum in Latin) to love one another as He has loved us.
6:30 p.m.
Family teaching supper about communion. Gathering for all families with conversation about the sacrament. Then they may remain for:
7:30 p.m.
A brief service with celebration of the Lord's Supper — on the night we remember Jesus' last meal with his disciples. Communion is served around the communion table.
Good Friday, April 3
The Day of Jesus' Crucifixion
It is "good" Friday because, despite appearances, it is God's Friday.
7:30 – 8:30 p.m.
A vigil of prayer, readings, and extinguishing of candles in the darkened sanctuary, as we reflect on the meaning of Jesus' crucifixion, of our lives, and our world.
Easter Sunday, April 5
The Day of Resurrection
9:00 a.m.
With cries of "He is risen!" we greet one another at our annual Easter Breakfast. Coordinated by Mark and Cheryl Wells.
10:30 a.m. ALLELUIA!
Christ is risen! He is risen indeed!
Worship will celebrate the heart of the Good News, with jubilant music. This is the love that overcomes death!
No Sunday School – worship will be for the whole family. There will be child care for infants and toddlers only.
Deacon's Corner
The new Board of Deacons met for the first time on Feb 4th. Kathleen Stegall was elected Moderator and Caitlin Rivet will continue as Coordinator.. The new deacons are Colette Greco (returning for a 2nd term), Linda McCusker and Jackulin David. Please see the attached list for the offices. The new board has been active already … making sure that the members of our congregation have been safe during these horrible winter storms.
Beth Denier Co-chair – Stewardship committee
"I was hungry and you gave me food, I was thirsty and you gave me something to drink."
Matthew 25:38
One Great Hour of Sharing offering for the Presbyterian Church, USA goes to support water and hunger projects, disaster relief and empowerment programs. Thanks to our gifts, people affected by disaster are helped to rebuild their lives and their communities. The ministries of the Presbyterian Hunger Program and Self-Development of People help individuals and communities to battle hunger, disease, unemployment and environmental problems.
The One Great Hour of Sharing offering will be received on Palm Sunday. Our offering for
2014 was $1879.00. We would like to do better this year. The need is great both here in the United States and throughout the world. It is more blessed to give than to receive.
Is It Spring Yet?
Are you sick of the cold and the snow? Here comes Farmer Dave to rescue us!
It has been a really tough Winter, so far. We have 90+ inches of snow on the ground. It will all eventually melt. While we are waiting, Farmer Dave will begin to give us a little taste of Spring, starting March 2. Farmer Dave has been working hard getting veggies ready for us. Look at that beautiful baby elegance mix. Soon you will be eating it! Pick-up times for spring are 4-6:30 pm. If you have not signed up yet, hurry! You don't want to miss out on the tender baby vegetables that will soon be here. It's not too late. For more information, see Jane or Amanda.
4th Annual Wine Tasting & Charity Auction
Café Escadrille/Burlington
26 Cambridge Street
March 8, 2-5 pm
All proceeds to benefit People Helping People
The event will feature wine tasting, gourmet appetizers, live auctions and silent auctions. Auctioneer is Steve DiOrio (from Billerica). Only 200 tickets will be sold. Tickets can be purchased at Spencer Cleaners, 271 Cambridge St. and 240 Middlesex Turnpike; at A Whole Bunch of Flowers, 326 Cambridge St.; or by contacting Linda Roscoe, 781-273-2083.
The World Famous Glenn Miller Orchestra
The most popular and sought after big band in the world today for both concert and swing dance engagements, you will certainly recognize memorable hits of the Glenn Miller Orchestra including, "In the Mood," "Moonlight Serenade," and "Chattanooga Choo-Choo."
Co-sponsored by Burlington Public Schools and the Burlington Area Chamber of Commerce, this is a concert for the entire family with no worries of lyrics that will make anyone uncomfortable.
This is music that has spanned the generations for generations and stands the test of time!
Tickets are now available for the Glenn Miller Orchestra and can be purchased online at BurlingtonTheatre.com, by phone at 781-A-FUN-TIC or at the door. Ticket prices are $20 for senior citizens and students, $25 for adults. All seats are reserved.
The Fogelberg Performing Arts Center, an accessible venue, is located at Burlington High School, 123 Cambridge Street, Burlington.


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Hotel Rainbow Accommodations
Service & facilities
|Earliest check-in
|Latest check-out
Service & facilities
Hotel facilities
- Number of rooms with air conditioning 3
- Number of luxury rooms 0
- Number of business rooms 0
- Elevator
- Coach parking space at hotel
Room facilities
- WLAN with Internet access in rooms Hourly rate 0,00 EUR Cost per day 0,00 EUR
- Cable TV
- TV remote control
- Radio
- Desk
In-house services
- English-speaking staff available during the day
- English-speaking staff available at night
- Washing machine for guests
- Gift vouchers available for 0,00
- Shuttle service to the central station Fee 10,00 EUR
Style of hotel and ambience
The Bucharest Rainbow Accommodations are a very good choice for a long holiday, and offer a comfortable place to stay. The individually designed apartments, featuring different colours and artistic elements, comprise a kitchen and free Internet access.
Special features of the hotel
Free wi-fi internet.
Hotel data
Total number of rooms 3, Number of single rooms 0, Number of double rooms 3, of which have 2 separate beds 0, of which have a double bed 3, of which are suitable as three-bed rooms 0, of which are suitable as four-bed rooms 0, Rooms with connecting door 0, Number of suites (separate rooms) 0, Number of junior suites 0, Number of apartments 3, Hotel, Apartment/Suite hotel
Service times
Reception open:
12:00 AM to 12:00 AM
Reception manned at weekends:
12:00 AM to 12:00 AM
Earliest check-in:
Latest check-out:
Accepted payment methods
- Visa
- Eurocard/MasterCard
Luterana Street, 1, 010161 Bucharest - Sector 1
Centrally located in Bucharest's Sector 1, this apartment building is close to Universitate underground station and offers you a good starting point from which to discover the city's well-known sights such as the delightful Cismigiu Park, Revolution Square, and the National Museum of Art in the splendid Royal Palace.
- 14.66 km
- 10.0 km
- 0.2 km
- Bike rental: 1.0 km


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Hotels, Baltimore, MD
Rachael's Dowry BED And Breakfast, LLC
637 Washington Blvd, Baltimore, MD 21230
1.9 Miles
"We were flying into Baltimore on a last minute trip to see the Red Sox Orioles game. When w...">
Hilton Garden Inn Baltimore White Marsh
5015 Campbell Blvd, Baltimore, MD 21236
9.6 Miles
"We looked at Hilton Gardens Inn at White Marsh and it was a ok sized room (probley for 130-1...">
Motel 6
110 W North Ave, Baltimore, MD 21201
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Hotel Brexton
868 Park Ave, Baltimore, MD 21201
.7 Miles
Hotel Indigo Baltimore Downtown
24 W Franklin St, Baltimore, MD 21201
1.1 Miles
Kimpton Hotel Monaco Baltimore Inner Harbor
2 N Charles St, Baltimore, MD 21201
1.5 Miles
Hotel RL Baltimore Inner Harbor
207 E Redwood St, Baltimore, MD 21202
1.6 Miles
Renaissance Baltimore Harborplace Hotel
202 E Pratt St, Baltimore, MD 21202
1.7 Miles
Sheraton Inner Harbor Hotel
300 S Charles St, Baltimore, MD 21201
1.9 Miles
Pier 5, An Ascend Hotel Collection Member
711 Eastern Ave, Baltimore, MD 21202
2.0 Miles
Home2 Suites By Hilton Baltimore Downtown, MD
8 E Pleasant St, Baltimore, MD 21202
1.2 Miles
Inn At The Colonnade Baltimore - A Doubletree By Hilton Hotel
4 W University Pkwy, Baltimore, MD 21218
1.6 Miles
MT. Vernon Baltimore
612 Cathedral St, Baltimore, MD 21201
1.0 Miles
Admiral Fell Inn, An Ascend Hotel Collection Member
888 S Broadway, Baltimore, MD 21231
2.5 Miles
The Inn At Henderson's Wharf, An Ascend Hotel Collection Member
1000 Fell St, Baltimore, MD 21231
2.7 Miles


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Black Leopard Print Anchor Dress
$ 20.00
AWW, SUPER CUTE!! We can't get over how amazing this Black Leopard Print Anchor Dress truly is! This adorable piece is perfect for those days you want to be stylish and comfortable too. The front features a large animal print anchor which adds a fun, unique touch! MUST HAVE! See other awesome short dresses at our trendy online dress boutique!
- 95% rayon
- 5% spandex
- Model is 5'4, 32 B bust, size 0/2 pants, size small top and is wearing a size small.
- Runs true to size. Scoop neck. Long sleeves. Animal print anchor. Colors - black, brown, and taupe.


text:
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Meic meets Syd
In a previous post it was told how Margaretta Barclay and Rusty Burnhill took Syd Barrett to acid-folk singer Meic Stevens in Wales, trying to raise Syd's appetite to play some music again. None of the Barrett biographies, including the most recent one from Rob Chapman, have mentioned this, although it was not exactly a secret as Stevens recalls the visits in his autobiography that appeared in 2003.
The Church is much obliged to Prydwyn who guided us towards Meic Stevens's autobiography and who was so friendly to translate the texts from Welsh to English. This article has mainly been written by him.
Meic meets Syd (by Prydwyn)
Meic Stevens is as huge and influential a name in the Welsh-language folk, rock, and pop scene as Bob Dylan is (was) in the English-speaking world. Meic has been recording since 1965 (mostly in Welsh, although for those not willing to take him on in the language of Heaven, his outstanding 1970 psychedelic masterpiece Outlander has recently been reissued on CD).
For the most part he has performed under his own name, although in the late 60s he was a member of Gary Farr's backing group in London (playing with Farr at the Isle of Wight Festival in 1969, the festival Syd went to with Margaretta Barclay [note from FA]). Meanwhile in Wales (and in Welsh) he, Heather Jones, and Geraint Jarman performed as 'Y Bara Menyn' as well (late 60s).
Meic Stevens: "I got a contract in 1965 for a record I'd written myself called Did I Dream. Decca were going to try to market me as another Donovan or Bob Dylan. But it all got too much for me, I had a nervous breakdown and ended up back at Solva."
Meic returned to his home village of Solva, Pembrokeshire, to recover, a time he details in his first autobiography, Solva Blues, and he soon became a feature of the Welsh-language folk and blues scene. In 1969 he was signed by Warner Brothers but after his first album Outlander, the contract was abandoned by mutual consent. (Taken from: Wales Online, interview by Robin Turner.)
The following extracts are from Meic Stevens first biography, Hunangofiant y Brawd Houdini (2nd edition 2009, originally from 2003), with translations following. An English version of this autobiography has also been issued, although I haven't read it and so am not 100% sure it contains the same information. (The Church is currently trying to catch the English version of the book through one of its many believers, note from FA.)
Syd Barrett with Meic Stevens in a lost BBC documentary
The first piece refers to 1969. It must have been spring or summer, as the next section in Stevens's autobiography is about the Isle of Wight Festival. Meic Stevens, his partner and children were living in a farmhouse (called Caerforiog) near Solva in rural southwest Wales.
Ro'n i'n dal i wneud peth gwaith i'r BBC yng Nghaerdydd pan gwrddes i â chyfarwyddwr ifanc, Gareth Wyn Jones, oedd am ffilmio rhaglen ddogfen amdana i a 'mywyd. Cymeradwyodd y pennaeth rhaglenni y syniad o gael y cywaith 'ma yn rhan o bump o raglenni dogfen am Gymry cyfoes. Roedd un ohonyn nhw am waith gwneuthurwr drymie o Gasnewydd.
Daeth criw ffilmio i lawr am wthnos a ffilmio yng Nghaerforiog, Solfach, a Thyddewi. Wedyn wthnos arall lan yng Nghaerdydd a Llunden. Y cwbwl wnaeth Gareth oedd ffilmio ein bywyd arferol ni o ddydd i ddydd...
Ymhlith y rhai eraill a ymddangosodd yn y ffilm roedd Heather a Geraint, Gary Farr a Mighty Baby yn Llunden, a Syd Barrett o Pink Floyd fydde'n dod i'n gweld ni yng Nghaerforiog.
Yn nes ymlaen, ffraeodd Gareth 'da'r BBC a mynd i weithio yn Singapore, gan adael y ffilm heb ei golygu. Beth amser wedyn, rhoddodd y BBC ganiatâd i gyfarwyddwr arall olygu portread pum munud ohona i mas o gesys ffilm Gareth, a chafodd beth oedd yn weddill ei daflu mas. Wyth rîl o ffilm un milimedr ar bymtheg oedd yn gyfnod o'n bywyde ni yn 1969! Bachan drwg, Rhydderch Jones!
English translation:
I was still doing a bit of work for the BBC in Cardiff when I met a young director, Gareth Wyn Jones, who wanted to film a documentary about me and my life. The chief programming approved the idea of getting this joint effort as a part of five documentary programs about contemporary Wales. One of the other ones was about a drum-maker from Casnewydd.
The film crew came down for a week and filmed in Caerforiog, Solva, and St. Davids. Then another week in Cardiff and London. All Gareth did was to film our normal day-to-day life…
Among the others who appeared in the film were Heather [Jones] and Geraint [Jarman], Gary Farr and Mighty Baby in London, and Syd Barrett from Pink Floyd, who came to see us in Caerforiog.
Later on, Gareth quarrelled with the BBC and went to work in Singapore, leaving the film unedited. Some time later, the BBC gave permission to another director to edit a five-minutes portrait of me out of the cases of Gareth's film, and what was left over got thrown out. Eight reels of 16mm film that were a record of our lives in 1969! Shame on you, Rhydderch Jones!
Rhydderch Jones was a producer/director for the BBC's Welsh-language service at the time. This excerpt doesn't make it fully clear if Syd appeared in the London or Wales parts of the shooting, although it is hinted that it was made while Syd visited Meic in Wales (note from FA). Neither do we know if any of Syd's footage survived at all in the five-minute segment that was eventually broadcast. But it does confirm the year (1969) and the place (Caerforiog near Solva) where Syd visited Meic.
A message from the Church: We leave it up to other Syd scholars to contact the Welsh branch of the BBC in order to locate the missing reels of the original documentary. Some of the people mentioned above are still around and can be contacted through the BBC or are present on social network websites. And if you do find something, please let us know!
Outlander sessions
The next bit is part of the description of the recording sessions for Meic's 1970 (mostly) English LP, Outlander. As the album was recorded in 1969 it fixes the date of this anecdote also in that year.
Y dyddie hynny, fe fydden ni'n recordio gefen nos fel arfer. Bydde rhai o'r sesiyne'n para tan orie mân y bore – neu drwy'r nos ambell waith – ac wedyn bydden ni'n cael brecwast mewn caffi yn Soho tua saith neu wyth o'r gloch... Allwn i ddim ymdopi ag Olympic, oedd yn hen sgubor fawr o le 'da pentyrre Marshall ar hyd y lle ym mhobman, gwifre spaghetti, a blyche llwch gorlawn.
Daeth Syd Barrett lawr yno un noson pan o'n i ar fy mhen fy hun yno 'da gitâr acwstig, ac ro'n i'n falch pan gyrhaeddodd Syd y tresmaswr 'da'i gariad, mynd â'r gitâr, iste ar lawr, a dechre chware iddo fe'i hun. Ro'n i wedi recordio trac y noson honno, o'r enw 'One Night Wonder', ac mae e ar Ghost Town, Tenth Planet Records. Ar lawr y bydde Syd wastad yn iste; doedd dim celfi yn ei stafell, dim ond estyll pren moel neu rai wedi'u peintio'n oren neu'n las, ffôn gwyn, a Fender Telecaster.
Fi oedd un o'r ychydig oedd yn cael mynd yno; dwi'n credu 'i fod e'n hoffi bod ar ei ben ei hun lawer o'r adeg. Ambell waith, fe fydde'n chware'i Telecaster heb ei chwyddo. Dro arall, syllu trwy'r ffenest neu i'r gwagle fydde fe. Doedd Syd ddim fel 'se fe moyn llawer mewn bywyd, dim ond bod ar ei ben ei hun 'da'i feddylie. Roedd e'n foi golygus iawn, wastad 'da merch hardd ar ei fraich pan oedd e mas neu'n gyrru'i Mini Cooper, yn dene fel styllen, ac yn gwisgo dillad ecsotig few siwtie satin croendynn, cryse sidan ffriliog, sgarffie hirlaes, a bŵts croen neidr!
English translation:
Those days, we usually recorded in the middle of the night. Some of the sessions would continue until the wee hours of the morning – or right through the night sometimes – and afterwards we'd have breakfast in a café in Soho around seven or eight o'clock… I couldn't cope with Olympic [Studios], which was an old barn of a place with Marshall stacks everywhere throughout the place, wires like spaghetti, and overflowing ashtrays.
Syd Barrett came down there one night when I was on my own with an acoustic guitar, and I was glad when Syd trespassed his way in with his girlfriend, took the guitar, sat on the floor, and started playing to himself. I had been recording a track that night called One Night Wonder, which is on Ghost Town, Tenth Planet Records. Syd would always sit on the floor; there was no furniture in his room, just bare wooden planks or ones painted orange or blue, a white phone, and a Fender Telecaster.
I was one of the few who got to go there; I believe he liked being on his own most of the time. Sometimes, he would play his Telecaster unamplified. Other times, he would stare through the window or into empty space. Syd didn't seem to want much in life, just being on his own with his thoughts. He was a very good-looking boy, always with a beautiful girl on his arm when he was out or driving his Mini Cooper. He was as thin as a rail, and wore exotic clothes like skin-tight satin suits, frilly silk shirts, long scarves, and snakeskin boots.
Probably NOT Syd
Finally, there is mention of a Syd somewhere in 1964 or 1965, although I don't think the man in question is Syd Barrett. Still, just in case.
Ro'n i'n iste ar y stâr yn Chalk Farm un noswaith yn trial chware fel Big Bill Broonzy, pan ddaeth Syd, y boi oedd yn byw drws nesaf, mas a sefyll yno'n edrych arna i. Ymhen dipyn, medde fe, "Can you play what you're thinking?" Wedyn, yn ôl â fe at ei deipiadur a chau'r drws. Do'n i rioed wedi meddwl am chware beth o'n i'n feddwl; ro'n i wastad yn trial copïo cerddoriaeth pobol eraill. Ar chwap fel 'ny, fe wnaeth e i fi feddwl yn wahanol am gerddoriaeth, a dwi'n fwy gofalus byth ers hynny.
English translation:
I was sitting on the stair in Chalk Farm one evening trying to play like Big Bill Broonzy, when Syd, the boy who lived next door, came out and stood there looking at me. After a while, he said, "Can you play what you're thinking?" Then, back he went to his typewriter and closed the door. I'd never thought about playing what I was thinking; I was always trying to copy other people's music. Just like that, he made me think differently about music, and I've been more careful ever since then.
Chalk Farm is an area lying in the London borough of Camden. In 1964 Syd Barrett was living in Mike Leonard's house in Stanhope Gardens, Highgate. The next year he moved to the West End, renting rooms at 12, Tottenham Street. As none of these addresses are next door to Chalk Farm it probably was another Syd Meic Stevens is talking about. Also if Meic had met Syd Barrett (who was still an amateur musician at that point) in 1964 or 1965 he would certainly have stressed this a bit more... (Note from FA.)
Sources: (other than internet links mentioned above)
Chapman, Rob: A Very Irregular Head, Faber and Faber, London, 2010, p. 81.
Stevens, Meic: Hunangofiant y Brawd Houdini, Y Lolfa, Talybont, 2009, p. 138, p. 190-191, p. 202 .
Many thanks to Prydwyn for his writing and translating skills.
Edited on: 2010-07-03 6:56 PM CEST
Categories: Bio-Bits
The Big Barrett Conspiracy Theory
This (quite controversial) review has been previously published at Felix Atagong's Unfinished Projects. Some amendments and updates have been made.
Syd Barrett: A very irregular head - Rob Chapman
There are now more Syd Barrett biographies around (in the English language alone) than Syd Barrett records and several Pink Floyd biographies consecrate the same amount of pages for the first three years of the Floyd than for the next 30. So obviously there must be something mysterious going on with this Syd character.
The last in line to open Pandora's box is Rob Chapman. He was actually one of the few people (around 30 to 50) who saw Syd's mythical band Stars at the Corn Exchange in Cambridge (24 February 1972) and is still relatively sane enough to recall it. Young chap Robert Chapman even wrote a review for Terrapin magazine, that would disappear a few years later for 'lack of Syd' but also because no three Syd Barrett fans can come together without having a tremendous fight. Try running an Internet joint for that lot nowadays and you'll see what I mean.
Writing a biography is a difficult job and I once remarked in a (quite pompous) review that biographers are situated on a scale, ranging from those who meticulously verify, double verify and triple verify tiny facts to those that will not hesitate to add a good, albeit probably untrue, anecdote just because it goes down so well.
Rob Chapman is, and often quite rightly so, annoyed with the many legends around Barrett and wants to set the record straight. I kind of like this way of working. But he doesn't indulge us either in an ongoing shopping list of facts and figures. The art of writing biographies is not in adding details, that is the easy bit, but in weeding out the superfluous so that a readable book (rather than a shopping list) remains.
But sometimes I have the feeling that he weeded a bit too much. The trouvaille of the name Pink Floyd (p. 53) is literally dealt with in a single line. Of course ardent Pink Floyd and Syd Barrett fans alike already know the story about Philips BBL-7512 and its liner notes by heart, but the occasional reader might as well benefit from an extra wee bit of information. And quite frankly it is about time that David (Dave) Moore gets the credits for the mail he sent to Bryan Sinclair on the 14th of March 2005 entitled: "RE: [pre-war-blues] Pink Anderson / Floyd Council."
Chapman, the fearless vampire killer
You might say, that piece of information is too anoraky and Rob Chapman was right not to include it, but why then, when he can lash out at previous Syd Barrett biographers, doesn't he apply his own rules anymore? Every new biography should have its new findings, otherwise there would be no necessity to write it, and I do understand that you can point out a flagrant mistake that has been made in a previous biography, but Chapman acts repeatedly as a vindictive (and verbally abusive) Von Helsing, wooden stake in his hand, ready to stick it through the heart of a vampire on the loose. Only, in my book, a fellow biographer should not be treated as a vampire but rather as a colleague, perhaps an erring colleague, but still a colleague... Writing that some biographies should have a government health warning on their cover is not nice and is better left to amateur blog authors like yours truly and journalists of The Sun.
We have established by now that Rob Chapman does not like false and superfluous information, but on top of that he also has some theories of his own. David Gilmour recalls how he was invited at the See Emily Play recording session (officially the 21st of May 1967, but, according to David Parker, a first session could have taken place on the 18th) and how he found that 'the golden boy had lost the light in his eyes'. Somewhere around that date Syd turned 'crazy' so we have been lead to believe for the past 40 years…
Inside Out
Chapman is of the opinion that Barrett didn't turn mad, but rather that he was alternatively wired and that, what other people have described as mad behaviour, was really Syd playing cosmic jokes on the rest of the world or setting up dadaist and misinterpreted avant-garde performances.
Just like the proverbial fish in a fisherman's story gets bigger and bigger so have Syd legends accumulated weight over the years. Rob Chapman doesn't like these apocryphal stories and wants to debunk these once and for all. He does a good job at that, but - once again - weeds to much. It is not because you can correct a couple of false rumours that - by definition - all memories from all witnesses have to be categorised untrue. And that is what Chapman implies. Even more, in order to prove his theory, he deliberately skips several events that have happened but that he can't immediately minimise or contradict.
It is good to counterbalance the Syd Barrett articles and biographies that have thriven upon sensationalism (Le premier Pink Floyd from Emmanuel Le Bret comes to mind, luckily that 2008 biography was written in French and completely ignored by the Anglo-Saxon world) but that is not a reason to indulge into a fairytale world of Barrett the mystic, but misinterpreted, genius. That is unethical and close to historical revisionism and it turns the middle part of the biography (covering the Piper and Madcap years) into a somewhat misplaced hagiography.
You will probably not believe me when I tell I didn't do it on purpose,
but when Chapman quotes Nick Mason's autobiography Inside Out on
page 198, saying that Nick writes that 'Syd went mad' during the
American tour of 1967, I grabbed my copy (actually, I carefully took and
opened it, as it is quite heavy) and read pages 87 till 97 over again.
Three times.
I can't find it. I will not conclude that Nick may never have written (or said during an interview) that 'Syd went mad' but it isn't there where Chapman claims it is.
Update October 2010: By accident I stumbled upon the Syd is crazy quote (or one of the Syd is crazy quotes) from Nick Mason in Barry Miles' The Early Years book:
"You can't believe that someone's deliberately trying to screw it up and yet the other half of you is saying 'This man's crazy - he's trying to destroy me!'"
Nick however does write that on two different occasions on the American tour Syd detuned his guitar, one time even 'until the strings fell off'. This apparently made Roger Waters so angry that he 'gashed his hand in a furious attack on his bass guitar', smashing the (lend) instrument to pieces at the end of the show.
Rob Chapman doesn't see where the problem is and remarks joyfully that Syd had been deliberately detuning his guitar in the past (during the Floyd's early free-form jams) and that it was tolerated and even encouraged then. He seems not to realise that there might have been a time and place to detune a guitar and a time and place NOT to detune a guitar. When I visit my doctor, who is looking gorgeous by the way, and unbutton my trousers in front of her she will not be offended, but if I catch her at the local supermarket, choosing a deep-freeze pizza (the living proof that deep-freeze pizzas are healthy, by the way) and dangle my ding-a-ling in front of her, I will be in hell of a trouble. Not that I have done that, those rumours are incredibly exaggerated and I am again allowed to enter the supermarket anyway.
The Big Barrett Conspiracy
Chapman more or less suggests that, over the years, there has been a Big Barrett Conspiracy going on, claiming that Syd went mad while he was just being artistically misunderstood. It is obvious that Waters, Mason and Wright, and to a lesser extent Gilmour, were behind the conspiracy. They quit their studies and promising architectural career to follow the narrow path of psychedelic pop music and when money was finally starting to come in a whimsical Barrett wanted to turn the clock back (probably through a washing machine) and concentrate on experiment again (proto-Floyd members Bob Klose and Chris Dennis had left the band in the past just because their profession stood in the way). Chapman doesn't even try to hide his disgust for post-Syd Floyd, but more about that later.
What is less understandable is that Peter Jenner and Andrew King are part of the conspiracy as well, because when Syd and Pink Floyd went separate ways, they choose to manage Syd instead of following the goose with the golden eggs. Jenner assisted Barrett during his first batch of sessions for The Madcap Laughs (1968) but commented later that these were 'chaos'. The sessions had been going on from May till July and Jenner reported that they weren't getting anywhere.
Chapman disagrees, he states that during the 6 studio sessions in 1968 Barrett recorded half a dozen of rough tracks dispelling the myth of a 'muse run dry'. I count 9 sessions, by the way, making Barrett's tracks per sessions ratio one third less performing as Chapman wants us to believe, but that is not the issue here. The main problem is not that Barrett was out of songs. Six of them still doesn't make an album, unless you would add the 18 minutes of the avant-garde (read: tedious) Rhamadan. The main problem with Barrett was that the songs never outgrew the rehearsal or demo stadium. Simply said: Barrett wasted a lot of studio time. And these were still the days that a record company expected an artist to cut an entire album in three or four sessions, the only exception perhaps being The Beatles.
Update October 2010: after 40 years Rhamadan has been issued as a free download with the An Introduction to Syd Barrett compilation. The track isn't half as bad as everyone - especially those who never heard it - claimed it to be, but it needs some serious weeding to be presentable as a 'real' album track. More info: Gravy Train To Cambridge
I see in Rob Chapman a man with a passion and he is at his best when he
analyses Syd's songs. It takes him 7 pages to scrutinise Clowns &
Jugglers (re-titled later as Octopus),
making it clear to the outside world that Syd wasn't just a young
innocent bloke whose lyrics came to him in a psychedelic, LSD-induced,
dream. Chapman traces back references (and quotes) from:
Huff the Talbot and our Cat Tib (Mother Goose rhyme),
Thomas Nashe's Summer's Last Will and Testament (an Elizabethan masque play),
Shakespeare's King Henry VI Pt. 1,
Kenneth Grahame's The Wind In The Willows
and poems from
Anonymous (Mr Nobody),
John Clare (Fairy Things),
Sir Henry Newbolt (Rilloby-Rill) and
William Howitt (The Wind in a Frolic).
Unfortunately I have in my small collection of Barrett related works a 12-page essay, written in 2005 by Paul Belbin, published at the Madcapslaughing and Vegetable Friends mailing groups, titled: Untangling the Octopus. It describes in detail, almost verse per verse, where Syd Barrett sampled the lines from Octopus from. Although Chapman nearly literally copies the information for 7 pages long, he neglects to mention the source of his findings.
Update October 2010: Paul Belbin has authorised the Holy Church of Iggy the Inuit to host the 2006 version of his essay: Untangling the Octopus v2 (PDF file).
In 2009 a revised and updated version of Untangling The Octopus was published by Julian Palacios, a Syd Barrett biographer who doesn't even appear in Chapman's bibliography, but as Chapman spifflicates the biographies he does mention that probably is a compliment.
Demythologising Syd
Chapman can get downright cynical when he wants to take the myth out of Barrett and this is where the biography as a biography goes astray. Although a biographer may be unconditionally in love with his subject he (she) must at the same time keep a certain distance, be unprejudiced and should approach the subject with at least a glimpse of unbiased neutrality.
Debunking the brylcreem and mandrax anecdote is not bad, but it is not directly original either. Chapman isn't the first one to have done this as shows this forum post by Julian Palacios and also Mark Blake has put some question marks concerning the event.
Apart from some anecdotes that happened at family parties or random encounters on the street with old friends and (past) lovers, we don't know a lot about Syd Barrett's life in Cambridge. So if a witness does turns up it would perhaps be a chance to check him (or her) out. But in a Q&A that was published on the official Syd Barrett website Chapman tells why he didn't contact the Barrett neighbour who has not always been positive about the rockstar next door:
My thoughts, clearly and unambiguously are that I didn't want to give this individual a scintilla of publicity. (…) I did check him out, quite extensively as it happens, and my enquiries lead, among other places, to a website where he gives his enlightened views on capital punishment and who should receive it – most of us, by the look of it.
It is not because someone has a dubious opinion about capital punishment that his memories about Barrett are - by definition - untrue or unreliable. However Chapman is not that reluctant when a witness turns up who has got some positive things to say about Barrett.
On pages 365 and following, Chapman recites the charming anecdote of a young child who ran into Barrett's garden to ask him a pertinent question about a make-believe horse. Not only did Barrett patiently listen to her dilemma, he also took the time to explain her that in fairy tales everything is possible, even flying horses.
It is in anecdotes such as this that Chapman shows his unconditional love for Barrett, and I confess that it made my grumpy heart mellow as well. Here is the man, who invariably smashed the door to any fan approaching his house, earnestly discussing fairy tales figures with a neighbourhood's kid.
Wish You Where... where exactly?
One of the greatest legends about Syd Barrett is how he showed up at the Wish You Were Here recording settings on the fifth of June 1975. A Very Irregular Head merely repeats the story as it has been told in other biographies, articles and documentaries, including Rick Wright's testimony that Barrett kept brushing his teeth with a brush that was hidden in a plastic bag. Roger Waters however claims that Barrett only took sweets out of the bag. As usual different witnesses tell different stories.
The toothbrush myth is one Chapman doesn't know how to demystify but recently Mark Blake may have found a plausible explanation.
The 'toothbrush' and 'bag of candies' may have come out of the story I heard from somebody else that was at Abbey Road that day. They claimed Syd Barrett had a bag filled with packets of Amplex. For those that don't know or remember, Amplex was a breath-freshener sweet that was popular in the 70s. This eyewitness claims that Syd Barrett was nervously stuffing Amplex sweets into his mouth... another story to add to the pile... but you can see how the story of 'breath-freshener sweets' could turn into a 'toothbrush' and/or 'a bag of candies'. (Taken from May 5, 2010 Roger Waters TV interview at Late Night.)
The Madcap Laughs
Another mystery Chapman can't solve is the exact time frame of the shooting of The Madcap Laughs album cover. He still situates this between August and November 1969 although there is a slightly obscure website on this world that maintains that the pictures date from the beginning of that year.
Chapman does a good, what do I say, a great job by describing Syd's later years. He still can't say a lot about Syd's lost weekend between the mid-Seventies and the early Eighties, although there must be people around who knew or even visited him. Perhaps that insane Holy Church of Iggy the Inuit should try to locate some of them.
In 1982, in the midst of Wall-mania, Barrett left his Syd-character behind by walking the distance between London and Cambridge. For the remainder of his life he would prefer to be known as Rog or Roger.
Chapman managed to talk to Rosemary Breen, Syd's sister, and it is through her that we know a great deal of Barrett's later life. It is a sad story, but one with many laughs, as Rosemary remembers mainly her brother's latter-day sense of humour. That and the story of Syd's life as an adolescent, thanks to the many letters that Libby Gausden has kept for all these years, are the strongholds of this, his, biography.
Pink Fraud
Just when you thought this review was finally going to end it is time to get personal.
I started reading this biography and was genuinely intrigued by the author's style, his wit, his knowledge, but also his unhealthy habit of demeaning anyone who doesn't share his ideas. But I could live with it, despite the odd tsk-tsk that would leave my mouth once in a while.
The passage that made me loose my marbles can be found halfway the book on page 213. It describes how Syd Barrett and Pink Floyd legally split up. Peter Jenner and Andrew King stayed with Barrett, the rest of the band had to choose a new agency, a new manager and a new recording contract. The rest of the band's history, so writes Rob Chapman, is accountancy.
The Early 70 Tours with the Embryo suite: accountancy?
Meddle (with Echoes): accountancy?
Dark Side Of The Moon: accountancy?
Wish You Where Here: accountancy?
Animals: accountancy?
The Wall: accountancy?
Update October 2010: When Barrett and Pink Floyd split up there was the small matter of a 17,000 British Pounds debt that the band had. The Abdab accountants didn't burden Syd Barrett, nor Peter Jenner and Andrew King with that.
On page 317 Chapman infuriates me a little bit more by writing that Waters, Mason, Wright and Gilmour sound like a firm of chartered surveyors. I find this remark as insulting as deliberately mistaking Rob Chapman for Mark David Chapman.
His opinion that, on Wish You Were here, Pink Floyd uses sixth-form imagery to describe their former bandsman (and friend) didn't hurt me anymore. By then Rob Chapman had already become something I usually pick out of my nose.
In Chapman's opinion an entire generation of musicians (in the Seventies) began to make music 'more appropriate to the rocking chair than to the rocket ship'. The man has a way with words, that I have to admit.
I had heard of these Pink Floyd haters before, people who really think that the band died when Barrett left the gang. The problem is that most of these people are aware of Syd Barrett thanks to the fame and glory of a dinosaur called Pink Floyd.
Without Syd Barrett no Pink Floyd, I agree (although it was Roger Waters who invited Barrett to join the band, not the other way round). But without Pink Floyd most of us, myself included, would never have heard of Syd Barrett either.
Thanks to the success of the classic Pink Floyd concepts EMI kept the Barrett solo records in their catalogue. The 1974 vinyl compilation Syd Barrett was a direct result of the interest for early Floyd, after A Nice Pair (1973) had proven successful. Poor Barrett earned 'two and a half million quid' in one year thanks to the Echoes compilation alone.
The backside is that due to Dark Side, Wish You Were Here and The Wall fans from all over the globe started to look for Barrett, hoping he would explain them the meaning of life. Probably Syd would have preferred to be left alone even if it meant not to have all those millions on the bank. But if there is one thing we can't do, it is to change past history, although Chapman tries, more than once, to do so.
Until finally Julian Palacios comes up with a revised edition of Lost in the Woods, Rob Chapman deserves my sincere felicitations for writing one of the most readable Barrett biographies ever. But for constantly exposing himself as an infallible Barrett-prophet, pooh-poohing all those who don't think like him and deliberately ignoring facts that don't fit in his gospel, he deserves nothing more than a good kick on the nose.
Sources: (other than internet links mentioned above)
Belbin, Paul: Untangling the Octopus v2, 2006. PDF version, hosted at the Holy Church of Iggy the Inuit with Paul Belbin's permission.
Blake, Mark: Pigs Might Fly, Aurum Press, London, 2007, p. 95, p. 231.
Mason, Nick: Inside Out: A personal history of Pink Floyd, Weidenfeld & Nicolson, London, 2004, p. 94-95.
Miles, Barry: Pink Floyd The Early Years, Omnibus Press, London, 2006, p.111.
Parker, David: Random Precision, Cherry Red Books, London, 2001, p. 136, p. 138.
A quite nice (promotional) interview with Rob Chapman can be found at Youtube.
Other Pink Floyd related books that were trashed by me can be found here:
Pigs Might Fly by Mark Blake: Si les cochons pourraient voler…
Pink Floyd by Jean-Marie Leduc: Si les cochons pourraient voler…
Syd Barrett, le premier Pink Floyd by Emmanuel Le Bret: Barrett: first in space!
Syd Barrett, le rock et autres trucs by Jean-Michel Espitallier: Cheap Tricks
The Rough Guide To Pink Floyd by Toby Manning: The Rough Guide To Pink Floyd (on Felix Atagong's Unfinished Projects)
Edited on: 2010-10-30 4:47 PM CEST
Categories: A Syd Thing


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by A verified traveler from benicia
Only if it on 30% off specialPosted Dec 5, 2016
our stay was booked a few months back on a super special deal that gave us a rate of $99 a night. For that price it was a great deal and I truly can't complain. The room look like they were in the process of updating and ran out of money and had to rent out rooms. The walls look freshly textured lacking a new coat of paint. You have an in wall heater that gets the room warm slowly. The bathroom was 90% completed. The update did not include radiant heating in the floor so when you step into the bathroom it's cold. but for the price I would probably stay here again with slippers.
by A verified traveler
Posted Oct 4, 2016
Mooi hotel in een zeer mooi rustig dorpje. Het strand in de buurt is ook zeer mooi om te wandelen.
by A verified traveler from P
bem licalizadoPosted Sep 21, 2016
mobiliário antigo e escuro, pintura não ajuda, café caprichado é bem licalizado
by A verified traveler from Oregon
Poorly managed motelPosted Sep 15, 2016
Pros: Location
Cons: Virtually everything except for the location.
Location: shopping, spending time on the beach
I understand this is an old and small facility. However, that doesn't mean you can neglect the management and maintenance. During night, there is no staff on duty. Breakfast basket, which is supposed to be delivered by 8:15 AM, is not coming until you go and pick it up at the office. Guests are drinking and talking at a gazebo right next to the rooms till midnight. Next door is a restaurant kitchen, where they wash dishes till 10 PM. I wish the owner, or management team, stays at the motel (I can hardly call it a hotel) to see what can be improved. Of course, the location will guarantee its survival. But, I won't stay there any more.
by A verified traveler from Honolulu
DisappointedPosted Sep 6, 2016 on Hotels
Room looks very good. The fireplace/heater did not work. The ice machine was not working - had to drive to get ice. Needed the handicapped parking but it was occupied with rolls of carpet. Will not stay there again.
by A verified traveler
Location LocationPosted Sep 5, 2016
Pros: Location
Cons: It would have been nice to know they were in renovations or about to close?? Expensive for what we received and very disappointed in quality.
They appear to be remodeling the hotel, it looks and feels dated but there are some nice touches, breakfast is brought to your door, the location is fantastic and the staff are polite. But for price (Expedia will not let me say the price but it was expensive) I would have expected more, expensive for the return on investment and for that reason alone I would not recommend it. I also wish Expedia had let me know it was being renovated, I would have likely found another place. Never thought I would need to ask that question when booking but I will in the future. We will return to the area just not this property. I will also be more cautious when using Expedia.
by A verified traveler
Posted Sep 5, 2016 on Hotels
by A verified traveler
Quaint and picturesque villagePosted Sep 4, 2016 on Orbitz
I would stay again. Very convenient to town and beach. At night however due to low lighting difficult to see
by A verified traveler
Gutes, zweckmässiges HotelPosted Aug 24, 2016 on Hotels
Das Zimmer war zweckmässig eingerichtet und hatte genügend Platz. Da es Kalt war, war der elektrische Kamin im Zimmer ein Highlight. Das Frühstück am Morgen wurde in einem Korb vor dem Zimmer deponiert. Restaurants zu Fuss erreichbar. Genügend Parkplätze vorhanden.
by A verified traveler
Graziosi motel in un piccolo paesinoPosted Aug 22, 2016
Paesino stupendo e molto caratteristico,motel in centro e vicino a negoziati e ristorantini. Carina l'idea della colazione servita fuori dalla porta in un cestino. Camera ampia e spaziosa


text:
I've just completed my trip report on our first trip to CR (Dec 20-Jan 6). We stayed at Lost Iguana in Arenal area, Decary B & B at Lake Arenal, Manatus Lodge in Tortuguero, Aquila de Osa in Drake Bay and Bosque del Cabo, an hour south of Puerto Jimenez, also on the Osa Peninsula. This next trip we want to explore different areas.
What do you think of this plan:
fly into Liberia from Los Angeles stay at Hotel Javy Casa del Papel B & B (neither look thrilling) in Liberia 2 nts
rent car and drive to Blue River Rainforest Resort (1 hr from Liberia) or Borinquen Mountain Resort, 1 hr 15 from airport 2 to 3 nights
drive to Playa Hermosa Villa Belmar or Bosque del Mar 2-3 nights
turn in car in Tamarindo and fly to Montezuma (must fly thru San Jose & then to Tambor + shuttle down the coast) OR somehow drive to Montezuma (how?) & overnight on way if necessary
Montezuma: Ylang Ylang Beach Resort looks like it has everything I like 3 (or 4?) days
is Montezuma very different in flavor from the beaches at Playa Hermosa and Coco??? Is one area less hot and humid in high season? Which would you choose and why?
fly to San Jose or drive
2 nights splurge at Finca Rosa Blanca or Peace Lodge
fly home from San Jose
We can get away most easily over Christmas holiday or last two weeks in January.
All comments and suggestions greatly appreciated
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Need Itinerary Help for 2nd Trip to Costa Rica
I've just completed my trip report on our first trip to CR (Dec 20-Jan 6). We stayed at Lost Iguana in Arenal area, Decary B & B at Lake Arenal, Manatus Lodge in Tortuguero, Aquila de Osa in Drake Bay and Bosque del Cabo, an hour south of Puerto Jimenez, also on the Osa Peninsula. This next trip we want to explore different areas.
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We took a shuttle van from Montezuma to Tamarindo. That may be an option to consider.
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So we could do the reverse. Take a shuttle van to Montezuma. Do you recall how long it took? Would we want a car down around Montezuma? Maybe we should just drive the whole way if the roads are OK , perhaps stop overnight en route?
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Robbie, you've been back five minutes, and you're already planning the next trip, you're my kind of woman. I always hear good things about Ylang Ylang - will be fun to hear about your next trip.
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Yes, volcanogirl, I'm planning this one very early and hoping dear friends will join us. This time I want to avoid the Christmas stampede and improve my chances of less rain by going the last two weeks in January.
I'm wondering if this new itinerary gives us enough wildlife without strenuous hiking and reasonable driving.
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So what do you think about this itinerary? Are we close to national parks with rich bird life?
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Robbie, I wish I could help. You hit all our favorite spots on your last trip. We have been to the Peace Lodge and that's a nice way to end the trip. Love the waterfall hike there and the nocturnal frog tour. Xandari is another spot that's nice for a couple of nights if you wanted to be closer to the airport.
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decided: March 3, 1994.
FRANK C. SCHOONEJONGEN; WESLEY L. LOSSON; JOHN S. DUNNING; WILLIAM MARTONE; WILLIAM V. HANZALEK; EDWARD F. ZIEK; MELVIN DEBLOCK; JOSEPH COLQUHOUN; JOSEPH MAJERSCAK; GERARD ABBAMONT; AND OLGA WOLSEY, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATEDv.CURTISS-WRIGHT CORPORATION, APPELLANT IN NO. 92-5695, FRANK C. SCHOONEJONGEN, WESLEY L. LOSSON, JOHN S. DUNNING, WILLIAM MARTONE, WILLIAM V. HANZALEK, EDWARD F. ZIEK, MELVIN DEBLOCK, JOSEPH COLQUHOUN, JOSEPH MAJERSCAK, GERARD ABBAMONT, AND OLGA WOLSEY, ON THEIR OWN BEHALF AND ON BEHALF OF THE CLASS OF PERSONS THEY REPRESENT, APPELLANTS IN NO. 92-5710
On Appeal From the United States District Court For the District of New Jersey (D.C. Civil Action No. 84-04542)
Before: Stapleton, Roth and Lewis, Circuit Judges
IT IS ORDERED that:
1. The petition for panel rehearing in No. 92-5695 is granted.
2. The opinion filed on December 28, 1993, is hereby vacated.
3. A revised panel opinion is hereby issued in the form attached to this Order.
4. The pending petition for rehearing before the full court in No. 92-5695 will be acted upon in due course following circulation of the attached amended opinion. This Order is without prejudice to the filing of a petition for rehearing addressed to the new portions of the attached opinion.
By the Court,
Walter K. Stapleton
Circuit Judge
Dated: March 3, 1994
Opinion OF THE COURT
STAPLETON, Circuit Judge:
This appeal and cross-appeal involve a controversy precipitated by defendant Curtiss-Wright's (CW's) termination of health insurance benefits for former employees who had retired from a plant in Wood-Ridge, New Jersey. The district court found that CW had reserved the right to amend its benefits plan to allow termination of benefits, but that CW had violated ERISA § 402(b)(3), 29 U.S.C. § 1102(b), by failing to include an amendment procedure among the plan's provisions. The court concluded that the lack of an amendment procedure rendered invalid a purported amendment authorizing termination of plaintiffs' benefits. As a result, the district court entered a judgment in excess of $2 million in favor of the plaintiffs' class. It declined, however, to find a non-terminable lifetime right to benefits for the plaintiffs' class. We will affirm.
The facts are largely undisputed. CW owns a number of industrial plants. One, in Wood-Ridge, New Jersey, opened during World War II and did defense-related work for forty years. Following a period of declining business, this plant closed in late 1983. At that time, CW notified a class of individuals who had retired from the Wood-Ridge plant that their health benefits were being terminated.
In 1984, a number of retirees who had their benefits terminated brought this suit as a class action on behalf of "all those retired Wood-Ridge employees who were not members of the bargaining unit represented by the United Auto Workers at the time of their retirement and whose post-retirement medical benefits were terminated or denied on or about December 1, 1983." The complaint alleged that CW's termination of benefits was wrongful and that the plaintiffs had a vested right to retiree health benefits for life. Plaintiffs sought damages as well as declaratory and injunctive relief.
A. The Benefit Program: 1966-82
In 1966, CW established a post-retirement health benefits program for the Wood-Ridge facility. CW was the plan sponsor and administrator of the plan, as well as its sole source of funding. From 1966 to 1983, the benefits were provided by a succession of health insurance plans provided by several different carriers. Each time a plan terminated and a new one was initiated, notice was apparently sent to the plaintiffs. From 1966 through 1970, Liberty Mutual provided the insurance benefits. During this period two booklets were sent to retirees stating that benefits would terminate upon death or "if the Group Policy terminates." From 1971 through 1972, Prudential was the insurance carrier for retiree health benefits. Apparently, little, if anything, was provided during this period in the way of documentation. From 1973 through 1974, Blue Cross/Blue Shield provided benefits and CW sent retirees a letter summarizing those benefits. The letter stated that coverage would terminate upon death or "the date the class of persons of which the retiree is a member ceases to be covered by the program" and also stated that CW "reserves the right to modify, revoke, suspend, change, or terminate the program, in whole or in part." The term "class of persons of which the retiree is a member" was not defined. However, the contract between CW and Blue Cross/Blue Shield included in the classification of employees eligible for benefits: "All full-time salaried non-bargaining exempt and non-exempt Employees retired prior to January 1, 1973" and "All full-time salaried, non-bargaining exempt Employees retired on or after January 1, 1973."
In September, 1976, CW established a welfare benefit plan in accordance with the recently enacted ERISA statute. The plan had a written Constitution and Trust Agreement. The Constitution provided in part that "the Company reserves the right at any time and from time to time to modify or amend, in whole or in part, any or all of the provisions of the Plan." It also provided that "the Company reserves the right to terminate the Plan established hereby for any reason at any time." The Constitution did not specify any particular benefits but simply incorporated any "plan or plans" CW might "from time to time adopt." Also at that time, CW changed the manner in which it provided benefits: it began to self-insure, at least with respect to the medical-surgical benefits, and contracted with various carriers to administer the program.
In accordance with ERISA's requirements, Summary Annual Reports (SARs) were provided to plan participants. Starting in 1979, CW added the following reservation language to these SARs: "The company expects and intends to continue this plan indefinitely, but reserves the right to discontinue or amend it."
Plaintiffs claim that from 1976 through 1983, although active employees received Summary Plan Descriptions (SPDs), retirees did not. CW insists that SPDs were sent to retirees. In any event, the 1976 SPD, which was prepared by CW and Prudential and not replaced until 1983, provided in part: "When your employment terminates, or you cease to be a member of a class eligible for insurance under any part of the plan, your insurance under that part of the plan will cease. . . . Your insurance under the group policy will also terminate upon discontinuance of the group policy." Nothing in the SPD defined "class," although the underlying agreement between CW and Prudential listed sixteen classes of employees including:
"14. All full-time exempt retired salaried employees located in the United States" and "15. All full-time Retired Employees . . . [who] (ii) are classified as full-time non-bargaining non-exempt employees."
A five-page "highlight summary" of exempt retiree benefits, first distributed to exempt retirees in 1973 and revised in 1975 to reflect the change from Blue Shield to Prudential, explained:
Termination of Coverage
A retiree's coverage will terminate on the date of his or her death or on the date the class of persons of which the retiree is a member ceases to be covered by the Program.
App. 296-97, 428-29.
B. The Benefit Program: 1982-84
In 1982, CW began adding the following language to all letters, or other documents, involving the benefit plan: "Although the company fully expects to continue this benefit, you should be aware that unlike your retirement benefit which is a vested benefit, the retirement health care coverage is not a guaranteed benefit and therefore is subject to change or termination."
In 1983, concurrent with a change in carriers, a new SPD was issued and distributed to active employees. Plaintiffs and CW dispute whether the SPD was distributed to retirees. This SPD stated: "Coverage under this Plan will cease for retirees and their dependents upon the termination of business operations of the facility from which they retired." In addition, it stated: "Although the Company expects this Plan to continue in its present form for an indeterminable period, this Plan is not a vested Plan and as such is subject to modification or termination at any time." CW contends that the provision allowing termination of retiree benefits in the event of a plant closure was intended as a clarification; plaintiffs claim it was an amendment.
In November 1983, CW announced that the Wood-Ridge plant would close and that in accordance with the provision in the 1983 SPD, retiree benefits would be cut off for non-bargaining unit employees who retired from the Wood-Ridge plant. This termination of benefits allegedly contradicted oral representations made to many of the retirees that their health benefits would continue for life.*fn1 The plaintiffs brought this suit in 1984 alleging breach of contract and violations of ERISA.
C. The District Court's Decision
After six years of litigation, the district court issued its decision in 1990 following a bench trial. The court found that CW had reserved the right to amend its plan. In particular, it referred to the express reservation of such a right in the 1976 Plan Constitution, although it noted that other documents also evidenced such a reservation. The district court further found that the term in the 1983 SPD permitting termination of retiree benefits upon closure of the plant at which they had worked was not a clarification of an already existing plan term, but rather was a new term. Accordingly, the district court held that this new term could only be effective if it had been added to the plan as an amendment.
The district court observed that, contrary to ERISA § 402(b)(3), 29 U.S.C. § 1102(b)(3), the plan did not specify procedures for amendment of the plan's terms. It further concluded that the manner in which the amendment was added to the plan in this case did not comply with any unpublished amendment procedures. As a result, the district court held that the amendment was invalid. It followed that the termination of plaintiffs' retiree benefits was contrary to the terms of the plan.
CW appeals from the district court's judgment against it; plaintiffs cross appeal from its determinations that CW reserved the right to amend the plan and that plaintiffs have no vested health benefits.*fn2
A. Curtiss-Wright's Failure to Provide an Amendment
CW insists that: (1) its plan contained an amendment procedure in compliance with ERISA § 402(b)(3) and the 1983 amendment was adopted in accordance with that procedure; and (2) even if there was a violation of ERISA § 402(b)(3), striking a plan term is not an appropriate remedy for a violation of that subsection.
1. Was ERISA § 402(b)(3) Violated?
The provision of CW's plan relating to amendments is the statement in the Constitution and other documents that "the Company reserves the right at any time and from time to time to modify or amend, in whole or in part, any or all of the provisions of the plan." CW contends that this suffices to satisfy the requirements of § 402(b)(3) which provides in part that: "Every employee benefit plan shall-- . . . (3) provide a procedure for amending such plan, and for identifying the persons who have authority to amend the plan . . . ." 29 U.S.C. § 1102(b)(3) (1988). We disagree.
A simple reservation of a right to amend is not the same as a "procedure for amending [the] plan"; nor does it provide a procedure "identifying the persons who have authority to amend the plan." A primary purpose of § 402(b)(3) is to ensure that all interested parties will know how a plan may be altered and who may make such alterations. Only if they know this information will they be able to determine with certainty at any given time exactly what the plan provides. The reservation in the CW plan does not accomplish these objectives, and acceptance of CW's argument would render requirements of § 402(b)(3) essentially meaningless.
CW cites Huber v. Casablanca Industries, Inc., 916 F.2d 85 (3d Cir. 1990) in support of its position. In Huber, we concluded that a plan provision stating that "the Trustees may amend or modify this plan in whole or in part" specified an acceptable amendment procedure; namely "modification by the Trustees" in a context where amendments had been formally adopted by resolutions at a regularly constituted board meeting in accordance with the established process of the trustees. Id. at 106. CW argues by analogy that there was an acceptable amendment procedure specified here; namely, modification by the Company. Section 402(b)(3) states, however, that the procedure provided by the plan must permit the identification of the persons who have the authority to modify the plan; "the Trustees" clearly identifies the authorized persons, "the Company" does not. An individual reading the Huber plan could recognize the provision in question as describing a specific procedure for amending the plan; here, one is unable to tell what individuals or bodies within the Company could promulgate an effective amendment. Had the CW plan stated that the plan could be modified by the "Board of Directors," rather than "the Company," then Huber might provide an appropriate analogy.*fn3
We conclude that Huber is distinguishable. We agree with the district court that CW's plan was in violation of § 402(b)(3).*fn4
2. Does a Violation of § 402(b)(3) Warrant Striking the Purported Amendment?
In at least three previous cases, we have noted that a violation of § 402(b)(3) might prevent any purported amendment from taking effect, but we have expressly declined to decide that question. See, e.g., Deibler v. Local Union 23, 973 F.2d 206, 210 n.7 (3d Cir. 1992) ("Arguably, . . . a plan cannot be amended unless and until an amendment procedure is added to the plan and complied with.") (quoting Frank v. Colt Industries, Inc., 910 F.2d 90, 98 (3d Cir. 1990), citing Hozier v. Midwest Fasteners, Inc., 908 F.2d 1155, 1163 n.9 (3d Cir. 1990)). This case requires that we now reach that issue.
CW argues that the invalidation of the purported amendment due to the failure of CW to comply with § 402(b)(3) would be inconsistent with our decision in Hozier. CW reads Hozier as holding that creation of "a substantive remedy for procedural violations of ERISA would contravene ERISA's statutory scheme" and that "procedural violations do not create rights to benefits in disregard of the plan terms." As a general matter, these propositions make sense. However, they are inapplicable here.
Hozier addresses the issue of whether a failure to comply with ERISA's notice or reporting requirements confers a right to receive benefits not provided for in the plan. There is something at stake here far more fundamental than a failure to comply with ERISA's procedural requirements pertaining to reporting and notice. The basic premise of ERISA is that a plan sponsor will be free to determine what benefits the plan will provide, but that once such a determination has been made, the benefits must be described in a written plan that is available to participants at any time upon request. Thereafter the participants are entitled to rely upon the plan document as defining the benefits currently being provided. Unless and until the written plan is altered in a manner, and by a person or persons, authorized in the plan, neither the plan administrator nor a court is free to deviate from the terms of the original plan. It is in this way that ERISA provides certainty and protects participants against frustration of their legitimate expectations.
Unlike the situation in Hozier where the plaintiffs sought benefits not provided for in the plan, the plaintiffs' right to benefits in this case is derived exclusively from the terms of the plan; all the district court did was enforce the plan as written. The case law expressly recognizes that amendments which are not adopted substantially in accordance with a plan's amendment procedures are ineffective to alter the terms of a plan. See, e.g., Albedyll v. Wisconsin Porcelain Co. Revised Retirement Plan, 947 F.2d 246, 255 (7th Cir. 1991); Frank, 910 F.2d at 98 ("Where a plan has complied with ERISA by setting forth a method for accomplishing amendment, of course each putative amendment will be evaluated with reference to that method."). The same result is required where there are no amendment procedures at all. To hold otherwise would place those who violate § 402(b)(3) by including no procedure for amendment in a plan in a better position than those who comply with that requirement and would thereby discourage employers from complying with § 402(b)(3).
We therefore hold that the absence of an amendment procedure in CW's plan documents renders invalid its purported 1983 amendment allowing termination of plaintiffs' benefits. Contrary to CW's suggestion that such a holding will "undermine the integrity of the plan documents," we conclude that such a holding is necessary to assure the integrity of those documents.
By so holding, we do not suggest that a plan sponsor that reserves a right to amend its plan but neglects to include a provision complying with § 403(b)(3) is forever foreclosed from effectively utilizing its reserved power. The congressional scheme embodied in ERISA will be best served by a rule that an amendment designed solely to bring a plan into compliance with § 403(b)(3) can be effectively adopted by formal action of those who possess the sponsor's final management authority, in the case of CW by formal action of its board of directors. However, unless and until CW's board thus brings its plan into compliance and thereafter a further amendment terminating plaintiffs' benefits is adopted in accordance with the procedures thus designated, plaintiffs are entitled to receive the benefits specified in the plan.*fn5
B. Curtiss-Wright's Right to Terminate Benefits
Alternatively, CW suggests that we should sustain the November 1983 announcement as a termination of its entire welfare benefit plan and the institution of a new plan without benefits for the retirees of the Wood-Ridge plant. It points out that it reserved the right to terminate its plan as well as to amend it and that § 402(b)(3)'s requirement of a plan provision specifying a process for amendments does not apply to plan terminations. Because CW could have terminated its entire plan without implicating § 402(b)(3) and could then have instituted a new plan without benefits for the Wood-Ridge retirees, CW insists that it should be held to have accomplished the same result in "one step rather than two." We are unpersuaded.
CW's alternative theory will simply not fit the facts of this case. The record is devoid of any evidence that anyone at CW, much less a body having authority to terminate the plan, gave any consideration whatever to the business, public relations, tax or other legal implications of doing so. Moreover, after the announcement, no one at CW treated it as effecting a termination of the plan. No notice of plan termination was sent to all of the plan's participants, for example, as would have been required by ERISA if CW had intended to terminate it. 29 U.S.C. § 1024(b)(1). Most important, it is incumbent on us to look at the economic reality of transactions involving a ERISA plans. To characterize the November 1983 announcement as a termination of CW's welfare benefit plan would be to ignore the reality of the matter. That announcement was nothing more than an application to the Wood-Ridge plant of the 1982 plan amendment, an amendment that CW regarded as only a "clarification" of a continuing plan.
We are confident that the drafters of § 402(b)(3) would view the situation before us as one involving an attempted amendment to the plan in 1982, an amendment that could be effected only in a manner consistent with the requirements of that section. We are not disposed to indulge in a legal fiction in order to sanction an end run around the safeguards Congress there imposed.
A. Reservation of Right to Amend
Turning to the cross-appeal, plaintiffs argue that the district court erred in concluding that CW reserved the right to amend its plan. They note that the district court, in so concluding, relied heavily on the reservation language contained in the Plan Constitution. Plaintiffs then stress that the Constitution, by its terms, facially refers only to "employees," not retirees. They further point out that one of CW's witnesses gave testimony susceptible of an interpretation that the Constitution was understood not to apply to the Blue Cross hospitalization program. Thus, according to the plaintiffs, the district court's Conclusion about CW's reservation of a right to amend is without record support.
The district court understandably declined to hold that the Constitution and other plan documents were unambiguous as a matter of law. It held a trial in order to put itself in a position to consider all available evidence bearing on the sponsor's intent, the participants' reasonable understanding, and the past practice of the parties. Having considered all of this evidence, the district court made a finding of fact, in accordance with the teachings of Alexander v. Primerica Holdings, Inc., 967 F.2d 90 (3d Cir. 1992), on whether the power to amend had been reserved. We may not disturb that finding unless, viewed in the context of all of the evidence, it is clearly erroneous. We decline to so characterize it.
First, while it is true that the Constitution does not specifically refer to retired employees, there is ample support for the district court's understanding of that document. On its face, the Constitution refers only to employees. It defines employees as individuals who are "intended to be employed for one thousand or more hours in a calendar year or a period of twelve months from an employee's date of hire." According to CW and its witnesses, the employee definition was meant only to distinguish between full-time and part-time employees and was understood to include those employees who had retired from full-time employment. Moreover, such an intent is reflected in several contemporary documents and is confirmed by the practice of the parties in the administration of the plan. Indeed, it was stipulated by the parties that retiree benefits were provided and administered in accordance with the framework established by the Constitution. Finally, CW's witnesses testified that when retirees asked to see plan documents they would be shown the Constitution as well as other documents.
Moreover, while the district court relied upon the Constitution, it relied as well on the clear and express reservation of the right to amend contained in every SPD following 1979 and in the summary of exempt retiree benefits first distributed in 1973 and revised in 1975.
B. Right to Lifetime Benefits
Plaintiffs acknowledge that the vesting requirements of ERISA do not apply to retiree health benefits. They correctly point out, however, that a sponsor can voluntarily create vested retiree health benefits, and they insist that CW did so. More particularly, they "contend that the Court below erred in failing to recognize that the documents in this case, when considered in light of all the surrounding evidence, created a non-terminable right to receive retiree health insurance benefits for so long as Curtiss-Wright Corporation maintains a post-retirement health insurance program." Plaintiffs' Reply Brief, p. 7. It is apparent from the plaintiffs' brief that they regard this argument as being independent of the preceding argument that the court erred in finding a reserved right to amend. It seems to us, however, that our Conclusion in the preceding section is a complete answer to this argument. Even if the plan contained unambiguous assurances that all retirees would have health insurance benefits for life so long as CW maintained a post-retirement health insurance program, the general reserved right to amend the terms of the plan in whole or in part would render the right of any retiree or group of retirees terminable by the adoption of a legally effective amendment.*fn6
As we understand plaintiffs' briefs, they seek to avoid the effect of the court's finding of a reserved right to amend by implying that a general right to amend somehow does not authorize an amendment like the one CW purported to adopt in 1983. They explain:
Plaintiffs' Reply Brief, pp. 7-8.
While the court may not have expressly addressed this issue, it is apparent from the court's opinion that it properly decided it in CW's favor. One important and proper purpose of reserving a general right to amend is to permit the conditioning or cessation of any participants' benefits not vested by virtue of the mandate of ERISA in ways not originally foreseen in order to meet unanticipated changes of circumstance.*fn7
The judgment of the district court will be affirmed.
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Starbucks expands Mobile Order & Pay to 3400 more stores
Jealous because of other Starbucks customers' ability to order their beverage from afar (the mobile app), and pay for it at the same time? You might be getting access to the same mobile feature soon. Starbucks is expanding its Mobile Order & Pay system to a bunch of new states, and as such will be expanding the number of stores where the ordering method is possible by more than three thousand. The feature, as we've previously reported, first arrived late last year in Portland.


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Discussion in 'iOS Jailbreak & Cydia' started by raffi23, Aug 25, 2010.
Any news about up coming jailbreakme for ios 4.1 or there is one ?????
as of rite now, the jailbreakme is not working.....
I don't think there will b a jaibreakme.com for iOS 4.1. The reason for that is it's way too easy for apple to patch it, I remember comex tweeting about it a while ago.
Plus they would need to find another exploit that could work over the internet.
Very true. Jailbreakme.com was pretty sweet but it did have it's problems which ppl were complaining about. I think going back to simpler but done via pc is the better way to go. Besides this way apple wouldn't be pissed about people jailbreakin the iDevices on display at the apple store
Yeah give me a pc jailbreak anyday. Theres something fun about doing it.
PC jailbreaks are good and I believe they're simpler as well :3
i like PC jailbreaks (they keep away noobs that think . oh i need to get on the computer pffft screw it)
i dont mind getting on the computer, but i prefer jailbreakme cuz its very simple. i just slide and wait.
I prefer Computer jailbreaks. It charges while it jailbreaks. Win Win!
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