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Added by Kim Suarez
Not only does this hike lead to multiple hidden labyrinths, but it is also at the site of an ancient ocean and volcano! A volcano existed here about 10 million years ago. It erupted and formed Round Top Peak, which you can now hike to. Also, years of quarrying have exposed ancient bedrock and a valley where one of the labyrinths exists.
From Skyline Blvd, pull into the staging area for Sibley Volcanic Regional Preserve, you'll see the sign. Parking here is usually easy to find. You'll find an unstaffed visitor center with a restroom, park maps and informational displays featuring the history and geology of the park.
Sibley is a 31-mile trail system, leading along the ridgeline between Wildcat Canyon and Anthony Chabot Park.
Take Quarry Road (the paved road to the right of the visitor center) up until it meets with Volcanic Trail. Follow the trail to the right. It will take you through a eucalyptus forest before opening up to grassy hills. Keep following the trail down to the left and it will open up above the quarry. Look down and you will find the first labyrinth. Keep following the trail to the left to ascend Round Top Peak and discover the second labyrinth along the way.
This is a short hike, only 2.5 miles total, but there are no water fountains along the way, only at the visitor center.
Pack List
- Day Pack (snacks, first aid kit, compass, whistle, bug spray, flashlight)
- Water
- Trail Map (You can pick one up at the visitor center)
- Comfortable Hiking Shoes
Please respect the places you find on The Outbound.
Always practice Leave No Trace ethics on your adventures. Be aware of local regulations and don't damage these amazing places for the sake of a photograph. Learn More
Skill Level:
Year Round
Trail Type:
2.5 Miles
Elev. Gain:
1763 Feet
Are we missing something?Suggest an edit
ReviewsLeave a Review
Lush Green Hike
Very green and fresh scenery in this hike. The directions were a little hard to follow from this site, but we eventually found the labyrinths. It was windy in the afternoon so dress warm!
Added by Kim Suarez
Day job in fashion, outdoor explorer on the weekends. San Francisco-based but I try to leave the city and explore the surrounding areas every weekend.Follow
More Adventures Nearby
Hike the Monte Bello Open Space Preserve Loop
San Francisco / Monte Bello Open Space Parking
This hike is best done in the late fall, winter, and spring so that the creek is running and the hills are green.
Hike Montgomery Woods State Nature Reserve Loop
San Francisco / Montgomery Woods SNR
This is a great find. We saw it on the map it was on the way from Mendocino to our next stop, Napa Valley. So glad we took the time to visit.


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14 Pet Care Jobs Found
feed one cat once a day
Posted by Laura K. on 12/10/2016
- Start date:
- 12/21
- 5 miles away (Saint Paul, MN)
- $15/visit
- 1 pet
I would like cat care from Dec. 21-Dec. 26, which involves feeding wet food and checking dry food. Cat box may require cleaning every other day. It's located next to the toilet so scooped right in. I live in an apartment on Grand Avenue.
Dog walks during the week
Posted by Tim E. on 12/6/2016
- 7 miles away (Vadnais Heights, MN)
- $12/60 min walk
- 1 pet
5 yr old english setter needs occasional dog walks during the week. 5 yr old english setter needs occasional dog walks during the week.
Vacation Pet Care
Posted by Vicki G. on 12/6/2016
- 9 miles away (Saint Paul, MN)
- $25/night
- 3 pets
We are in need of someone to stay in our home and care for our three dogs, 11 yr old Maltese, 3 yr and 1 yr old Alaskan Klee Kai's. I have put in your overnight rate because it was a required field, but we can talk about pay. If you are interested, I would love to chat with you.
Checking in on 12 chickens
Posted by Heidi L. on 12/7/2016
- Start date:
- Flexible
- 13 miles away (Stillwater, MN)
- $20/visit
- 4+ pets
Daily/Occasional Chicken Care (freshen coop, collect eggs, make sure heat lamps are operating, fed, fresh water, outdoor fun--weather permitting)
Need a very reliable and honest person....
Posted by Bernice N. on 12/6/2016
- 18 miles away (Minneapolis, MN)
- $10/day
- 2 pets
Applicants, I cannot see your contact info until after I pay for a monthly membership so I may not get back to you right away. I'm going to be away for 6-7 weeks from Jan-Feb and I need a reliable and trustworthy person to swing by on weekdays and spend at least 1hr with the kitties. I prefer... More
Looking for someone to watch my dog
Posted by Andrea H. on 11/30/2016
- Start date:
- 12/06
- 3 miles away (W Saint Paul, MN)
- $20/night
- 1 pet
Going to trucking school and need a sitter to watch him during the time of class because I don't have anyone to watch him.
Cat Sitter Needed for Christmas
Posted by Disa D. on 12/1/2016
- 13 miles away (Stillwater, MN)
- $12/visit
- 2 pets
Hello! I'm looking for a cat sitter to drop in and check on my two cats while I am out of town for Christmas. They are friendly cats who like people. I just need someone to clean the litter box, check the food and water, and make sure they didn't get into anything they shouldn't have! Ideally I... More
Frenchie dog walk at lunch m-f
Posted by Shannon G. on 11/29/2016
- Start date:
- 1/03
- 8 miles away (Minneapolis, MN)
- $12/visit
- 1 pet
Bella is a spoked six year old French bull dog. Anytime from 11-1, she wants to go outside do ten minutes or so...if it's raining or cold..she hates it!
Puppy sitter needed immediately
Posted by Bronwen W. on 11/21/2016
- Start date:
- 5 miles away (Saint Paul, MN)
- $20/night
- 1 pet
We have a 5 month old black lab in need of care beginning tomorrow 11/22/16, until Monday 11/28/16.
Occasional pet care for 3 adorable cockers
Posted by Nikki R. on 11/17/2016
- 25 miles away (Wyoming, MN)
- $40/day
- 3 pets
Need a reliable person who loves and enjoys animals to come to our home in Linwood, MN a couple times a day to take care of our fur babies whenever we are out of town - just need to feed them and let them outside to go do their business. There's Cady who is 10, Molly is 6 and Murphy is 2. They are... More
Boarding for a foster dog from 12/17 - 1/3
Posted by Marci S. on 11/15/2016
- 21 miles away (Eden Prairie, MN)
- $20/night
- 1 pet
Our rescue has a very sweet dog that gets along with people but not dogs or cats. We are in need for a loving home for this sweet dog for 12/17 - 1/3.
Dog walker and 'Hello' to Parrot
Posted by Jody D. on 11/9/2016
- Start date:
- Flexible
- 12 miles away (Minneapolis, MN)
- $15/60 min walk
- 2 pets
Looking for: Dog Walker- 30min Dog Attention-Outside Or In My House/Attention To Parrot- 30 min Dog-Buddy- Small St. Bernard; 100 pounds, a bit shy with new people, very friendly, not aggressive Parrot- Sugar-Amazon Yellow Nape; loud, social, talks, can be aggressive with strangers around... More
Two special dogs need food and easy...
Posted by Travis M. on 11/7/2016
- 2 miles away (Saint Paul, MN)
- $50/day
- 2 pets
We have a 55 pound Husky/Shepard mix named Lyla, and a 6 pound Chihuahua named Elsie. Lyla needs to eat three progressively larger meals, evenly spaced through the day. She also gets half a pill with breakfast and half a pill with dinner. Elsie gets a vitamin an hour before breakfast, and three... More
Need Someone to occasionally check in on 2...
Posted by Lesley S. on 9/29/2016
- 24 miles away (Chanhassen, MN)
- $20/visit
- 2 pets
Hi! We have two very friendly young male cats named Moby and Frankie. We are looking for someone who, during times when we are away for an extended period, could look in on them once a day, top up their food and water, and perhaps scoop da poop! :-) The first date we know for sure we will need... More

subset: commoncrawl


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What is the contribution of Ralph Waldo Emerson to American literature?
1 Answer | Add Yours
Ralph Waldo Emerson contributed to American by influencing other writers; calling for a national literature; imbuing his writings with the ideal of spiritual harmony as opposed to the dominance of material gain. Emerson look to Johann Wolfgang Von Goethe as the inspiration for literary thought of his day in the same way that American writers looked to Emerson for theirs. In this sense, Emerson brought the philosophy and thoughts of Germany's greatest poet into American literature.
Some of the American greats who were influenced by Emerson are Walt Whitman and Henry David Thoreau and Oliver Wendell Holmes, Sr. Emerson called for a New World Renaissance in literature to replace the past European Renaissance. He wanted a national literature to rise up that reflected the environs of America as well as the social and cultural concerns of America--advocating that a new voice be brought from the heart of the American experience to the collective of literary experience.
Emerson brought a note of spirituality to the new national literature because his emphasis was on harmony deriving from within, a harmony within one's self. In his writings, that harmony is reflected in his poetry celebrating Nature's wild life that surrounded him. His ideas were opposed to the notion that the ideal was the freedom to make money. His spiritual ideas feed the fuel of later eras with the idea that inner harmony is superior to the drive for wealth.
We've answered 318,915 questions. We can answer yours, too.Ask a question


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At UFC 198 workouts, Stipe Miocic shows off his agility by doing the "worm" during his session Wednesday afternoon. Subscribe: http://goo.gl/dYpsgH Check out our full video catalog: http://goo.gl/u watch video >>
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With possible title shot implications, the fight between Jacare Souza and Vitor Belfort will be an all out war. Catch their fight this Saturday in the co-main event of UFC 198. watch video >>
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They fight for the UFC heayvweight title on May 14th in Brazil. Miocic does a Werdum face impression as well. watch video >>
Stipe Miocic became the UFC's new heavyweight champion at UFC 198. Miocic knocked out Fabricio Werdum in the first round in Brazil. watch video >>


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In this book, we will explain how to convert a PDF file to a fixed layout ePub version 3 file. This is possible since the version 3 of the ePub format which includes now the fixed layout mode in addition to the traditional flowing text mode. We will use free open source tools, mainly pdf2htmlEX, with an example under Linux.A Practical Guide to Publish eBooks from PDF Files Eric DodAcmont ... pdf2htmlEX -0.12.7z a Unarchive the .7z file (with for example) in your home direcWinZip tory or somewhere else. a Open the ... It is available for several operating systems ( including Linux, Windows and Mac OS X) and is localized into 12 languages.
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Director of Counseling
This posting is no longer available. This is either because the employer has filled the position or the position has closed. Click here to find more jobs like this one.
His House Children's Home
Mami Gardens, Florida, United States
His House Children's Home located in Miami Gardens, Florida is a faith based non-profit organization dedicated to restoring the joy in the lives of children and families. The agency provides residential care for abused, neglected and drug exposed children in a campus home-like setting. Our goal is to restore the emotional and physical well being of children through an array of services in a loving and nurturing environment.
His House Children's Home is committed to breaking the cycle of abuse while meeting the emotional, medical, educational and social needs of the whole child. His House Children's Home addresses these needs so children excel to the best of their abilities and receive all social and health opportunities that are available to every child.
The organization provides services ranging from residential services, case-management, an in-house counseling center, The His House Academy, after-school tutoring, weekly athletic, art and dance programs, in addition to foster and adoption placement. All programs are specifically designed and targeted to meet the needs of the whole child.
Its model is unlike your typical shelter. The home is staffed with house parents and supporting caregivers. Each house provides a home for ten to twelve children. It is the goal of His House to give each cottage a family-feel and make the home as cozy and home-like, as possible. We are coloring away the darkness in little hearts all over South Florida.
Currently we are looking to fill the following position:
Director of Counseling will have the overall responsibility for the organization and administration of the Counseling department in support of the stated goals and mission of His House Children's Home. The Director is a service provider and team leader, delivering, supervising and coordinating developmental, therapeutic, psycho-educational, career, outreach and preventive counseling services to abused, neglected and drug-exposed children.
1) Building the counseling program from the ground up
2) Writing and implementing policies
3) Organizing, directing and coordinating the provisions of clinical services and as such is a member of the executive management team
4) Supervising counseling staff and interns
5) Providing crisis intervention and trauma counseling and consultation during emergency situations
6) Responding to court requests for reports or information about services and programs
1)Ph.D or Psy.D in Clinical/Counseling Psychology or Masters Degree with a LCSW, LMHC, LMFC
2)Must possess excellent organizational, administrative abilities
3)Effective writing and verbal skills
4)Well developed therapeutic and diagnostic skills
5)Minimum of 3 years experience in program management
Salary commensurate of experience. Benefits available include: health, dental, vision, life, AD&D, LTD, AFLAC insurance, vacation time, and personal days.
Please email resume to Maria Hurtado at: firstname.lastname@example.com or fax to 305-430-7135.
To apply for this job opening, please first post your resume.
Date Posted
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His House Children's Home
His House Children's Home is a faith based non-profit organization dedicated to restoring the joy in the lives of children and families. Established in 1989 by Jean Caceres-Gonzalez, the agency provides residential care for abused, neglected and drug exposed children in a campus home-like setting. Our goal is to restore the emotional and physical well being of children through an array of services in a loving and nurturing environment. Abused children need a place to call home during this turbulent time in their lives. His House Childr More...


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Check in from 12:00 AM / Check out prior to 12:00 AM
Hotel Kurfürstenhof Bonn: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Bonn, Germany.
Located within a 10-minute walk of Bonn Central Station, Hotel Kurfürstenhof is an ideal base when visiting Bonn. It is close to the Rheinisches Landesmuseum, dining options and shops.
Hotel description
All the rooms at Hotel Kurfürstenhof Bonn provide a telephone, a mini bar and a private bathroom. The bathrooms have a shower and provide a hair dryer.
Guests can start the day with breakfast each morning at the hotel.
The area surrounding Hotel Kurfürstenhof Bonn is well-known for its vibrant nightlife, with lots of places to go for a drink or dance. University of Bonn, Rheinsteig and the Beethoven-Haus Bonn are each within a 20-minute walk.
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MARIO DONDERORoma Exhibitions
Four sections in which you recognize the historical moments that have marked the last century, as well as places and personalities to the fore on the pages of newspapers and magazines that have marked changes from that time to the present.
The Superintendence for Archaeological Heritage of Rome with Electa promotes the exhibition, the first compendium of the life of a photojournalist as the mean Mario Dondero. About 150 shots among those that have marked his career, known for work in black and white that defines the "color of truth." These snapshots are added exceptional color photographs, mostly unpublished.
A simple layout will help to enhance the space of the Great Halls of the most magnificent spa facility ever built in Rome, once the center of aggregation that received up to three thousand people.
In throughout the tour route of exposure are recognized artists, politicians, journalists, actors who were able to meet the man over the lens of the photojournalist.
RomaThe Baths of Diocletian
- Opening of reservations for SAR sites until December 2016
From Monday, July 25, it will be possible to book for groups and individuals until the 30th of December 2016.
Info and booking
Monday to Friday from 9.00 am to 1.00 pm and from 2.00 pm to 5.00 pm,
Saturday from 9.00 to 2.00 pm
+39 06 399 67 700


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In Wikipedia, Due Diligence is described as, "a term used for a number of concepts involving either the performance of an investigation of a business or person, or the performance of an act with a certain standard of care. It can be a legal obligation, but the term will more commonly apply to voluntary investigations. A common example of due diligence in various industries is the process through which a potential acquirer evaluates a target company or its assets for acquisition"
Simply put, it is "open book" time where a buyer gets to investigate a potential acquisition in order to make sure that, either intentional or not, the business is in the condition as represented by the seller.
Small Business Due Diligence
Many business brokers for small business operate much like real estate brokers. A standardized asset purchase agreement is used and contingencies for due diligence are placed in the contract. In other words, a buyer agrees to buy the company with the caveat that various conditions are met. The most basic of these conditions is that the books and records of the business are satisfactory to the buyer. Many call this the "book check" and for very small businesses this may be the only due diligence that is done. Either the buyer or a buyer's agent (like a CPA) takes the books and reviews them for accuracy (hint: if you are reading this for guidance, an important aspect of book check is making sure that cash flow actually did flow – so get bank statements and confirm that the revenue and cash flow match up with deposits and withdrawals).
There may be other contingencies in the contract, and these should be ticked off (in writing) as they are taken care of during the due diligence period. When the last one is taken care of, voila, a binding contract to purchase is remaining, and (unless funding or other issues remain) you are ready to close. Until then, the buyer can usually figure a way out of the deal so if you are a seller you want the due diligence contingencies signed off in writing.
Medium/Large Business Due Diligence
Unlike a small company, due diligence typically starts with a non-binding letter of intent to purchase. A definitive purchase agreement is not created until after due diligence. For larger businesses, due diligence ranges from little more than book check to a team of 100 attorneys spending months digging and researching a company.
Typically due diligence will investigate the following areas of a company:
Financial books and records
Employee benefits, policies and compliance issues
Internal systems and procedures
Customer contracts
Intellectual Property
Condition of Assets
Any key area of concern identified while negotiating the letter of intent
The list can get very very long, and I have some examples of due diligence check lists that are many pages long. I thought about including one here, but one thing that irks me is when buyers use a standard list without cutting it down. It can be a tremendous time consuming effort by a seller (and his attorney will tell him not to leave any items blank) to go through hundreds of items so it isn't helpful to provide a lengthy list if many items obviously don't apply.
The purchase agreement is then written to address issues discovered in due diligence. For example, perhaps there were some outstanding warranty issues with customers that were discovered and the buyer has agreed to cover these. The agreement will lay out a structure to handle this (a hold back account, deductions from future payments, price adjustment, etc.).
Should I Disclose Everything in Due Diligence?
As a rule, yes. Your liability as a seller is far far less if you disclose rather than hide, especially during the due diligence phase. The only time you would not disclose something is if it is so proprietary that you only wish to disclose it after the sale is completed. For example, Coke probably isn't going to disclose their formula until a deal is actually closed, although a cautious buyer may want the formula held in escrow. Sometimes it matters who the buyer is. Coke may also hold back some marketing plans if a competitor were buying them, but would disclose them to a financial buyer.


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filed: January 9, 1981.
COMMONWEALTH OF PENNSYLVANIAv.MICHAEL D. KRAJCI, APPELLANT
No. 2440 October Term 1978 Appeal from Judgment of Sentence in the Court of Common Pleas of Phila. County, Trial Div., Criminal Sect., Nos. 1952, 1954, 1956 Aug. Term 1977.
Malcolm W. Berkowitz, Philadelphia, for appellant.
Ellen Mattleman, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Spaeth, Brosky and Van der Voort, JJ. Van der Voort, J., notes his dissent.
[ 283 Pa. Super. Page 490]
This is an appeal from judgments of sentence for robbery, criminal conspiracy, and possession of an instrument of crime.
On July 19, 1977, at approximately 9:30 a. m., Marcelo's Pharmacy in Philadelphia was robbed by two armed men. At least two hundred dollars was stolen, as well as quantities of dilaudid, percodan, desoxyn, quaalude, and valium. A principal issue at trial was whether appellant was one of the robbers.
Edmund Marcelo testified that appellant and one Daniel Cronin were the robbers. He also testified that several days after the robbery, he had identified appellant's photograph in a photo array, and that on August 17, 1977, he had identified appellant in a line-up. Marcelo said that during the robbery he was able to observe appellant for three minutes at a distance of three feet in good lighting while appellant was holding a gun on him, and that he remembered appellant's clothing and physical characteristics.
James Dunlevy, a postman, testified as follows. He walked into Marcelo's Pharmacy at the time of the robbery and was approached by Cronin, who pointed a silver revolver at his head and conducted him to the rear of the store, where he was forced to lie on the floor facing the wall. He remained in that position for five to six minutes until the robbery was over and the robbers had fled. During the robbery, Dunlevy saw only Cronin and one of Marcelo's children; he was therefore unable to identify appellant as one of the robbers. Several months after the robbery, Dunlevy identified Cronin's photograph and a photograph of the revolver used by Cronin.
[ 283 Pa. Super. Page 491]
No other eyewitnesses to the robbery testified.*fn1 Detective McNamee testified to the investigation that occurred immediately after the robbery. Detectives Henwood and Cashman testified to subsequent investigations that occurred, including their observation of appellant on the evening of the robbery wearing a full beard and mustache, and the search of appellant's residence on July 21, 1977, which search uncovered no incriminating evidence. Detective Caruso testified that on August 5, 1977, appellant was arrested when he went to a hospital in Bucks County to fill a drug prescription, and that when arrested, appellant was clean-shaven. Detective Margulis testified to the circumstances surrounding Marcelo's line-up identification of appellant.
Of appellant's numerous arguments in support of a new trial, we need address but one.*fn2
[ 283 Pa. Super. Page 492]
During his cross-examination of James Dunlevy, the postman who walked into the pharmacy at the time of the robbery, appellant's counsel asked that the photograph of Cronin's revolver, which Dunlevy had been shown after the robbery, be produced. The district attorney said that the photograph was not in his possession, but the court stated that it should be produced. The next day the district attorney called to the stand Officer Loub of the Collingswood, New Jersey, Police Department. Over appellant's objection, the officer was permitted to testify as follows. On November 5, 1977, he stopped a motorist, who was later identified as Cronin, because his car was carrying an invalid inspection sticker. Cronin was the only person in the car. When asked for identification, Cronin produced a Pennsylvania operator's license and a New Jersey car registration, both in the name of Richard Noble. Loub then asked for additional identification, explaining to Cronin that he wished to run a check to learn if Richard Noble had a revoked New Jersey operator's license. When Cronin began to reach into a gym bag that was inside the car, Loub told him to remove his hand from the bag and to face him. Cronin, however, continued to look over his shoulder to see Loub's position. Loub became alarmed and placed his hand on Cronin's back, saying, "Take your hands out of the bag." Cronin said he was getting his identification, but when he turned he had a metal object in his hand. Loub grabbed Cronin's wrist, but Cronin broke the wrist free and held the object, which Loub now recognized as a gun, in Loub's face. Loub quickly snapped Cronin's hand against the roof of the car and hit Cronin on the head with a flashlight. Cronin and Loub then
[ 283 Pa. Super. Page 493]
wrestled, each trying to overpower the other. Eventually, Loub was able to reach his own gun, and placed it against Cronin's head. Loub warned Cronin to drop his gun, but Cronin continued fighting, slapping the gun from his head. Loub shot twice. One bullet struck Cronin's neck, the second his head. When Cronin fell, he was dead.
Following this recitation, Officer Loub was asked by the district attorney to identify certain photographs that had been taken in connection with the shooting of Cronin. The first photograph showed Cronin lying on the pavement beside a car. A dark stream of what appeared to be blood was flowing from his head, and a gun lay nearby. The second photograph focused on the gun lying beside Cronin's body. The third photograph, which apparently was taken at a different time and place than the shooting, showed Cronin's gun on a table next to a ruler. The fourth photograph, the only one in color, portrayed Cronin's face and torso after the shooting; partially dried blood appeared on Cronin's forehead, neck, and right nostril.*fn3
After appellant's counsel had cross-examined Officer Loub, the Commonwealth recalled Dunlevy. Dunlevy identified the gun depicted in the third photograph as lying beside a ruler as the gun that Cronin had used in the robbery. He also identified the color photograph of Cronin. All four photographs were shown to the jury, although they did not go out with the jury during its deliberations. N.T. 1/26/78 at 91, 97-98.*fn3a
[ 283 Pa. Super. Page 494]
As mentioned, Officer Loub testified over appellant's counsel's objection; the only part of the testimony to which counsel did not object was when Loub stated that on November 15, 1977, he apprehended Cronin in New Jersey, and as a result recovered a gun that was photographed, which photograph was being offered as a Commonwealth exhibit. E. g., N.T. 1/25/78 at 28-29, 32-34, 47, 49. Counsel also objected to the introduction of the three photographs taken at the scene, i. e., the photograph of Cronin lying by the car, the photograph focusing on the gun beside Cronin's body, and the photograph of Cronin's face and torso, on the ground that they were irrelevant and inflammatory. E. g., N.T. 1/25/78 at 40.
In determining whether the lower court erred in allowing Officer Loub to testify to the circumstances of Cronin's apprehension and death, and admitting into evidence the photographs connected with Loub's testimony, we
[ 283 Pa. Super. Page 495]
begin with the general rule that the admission and exclusion of evidence is a matter within the discretion of the trial judge. E. g., Commonwealth v. Hart, 479 Pa. 84, 387 A.2d 845 (1978); Commonwealth v. Scott, 469 Pa. 258, 368 A.2d 140 (1976); Commonwealth v. Kivlin, 267 Pa. Super. 270, 406 A.2d 799 (1979). That discretion, however, may be abused, and abuse may be found if it appears that the judge admitted irrelevant evidence that was prejudicial to the accused, e. g., Commonwealth v. Story, 476 Pa. 391, 383 A.2d 155 (1978); Commonwealth v. Hickman, 453 Pa. 427, 309 A.2d 564 (1973), or evidence the probative value of which was outweighed by its prejudicial impact. E. g., Commonwealth v. Schroth, 479 Pa. 485, 388 A.2d 1034 (1978); Commonwealth v. Ulatowski, 472 Pa. 53, 371 A.2d 186 (1977); Commonwealth v. Bighum, 452 Pa. 554, 307 A.2d 255 (1973); Commonwealth v. Kramer, 247 Pa. Super. 1, 371 A.2d 1008 (1977); McCormick, Evidence § 185 (Cleary ed. 1972). First, therefore, we must appraise the relevance of Loub's testimony and the photographs, and then we must weigh that relevance against their prejudicial impact.
Evidence is relevant if it tends to make more or less probable the existence of some fact material to the case. Commonwealth v. Hickman, supra, 453 Pa. at 433, 309 A.2d at 567. See also Commonwealth v. Story, supra, 476 Pa. at 398, 383 A.2d at 158, quoting McCormick, Evidence § 185 at 438 (Cleary ed. 1972) ("Relevant evidence then, is evidence that in some degree advances the inquiry, and thus has probative value, and is prima facie admissible"). In the present case, the principal issue in dispute was not whether Marcelo's Pharmacy was robbed on July 19, 1977, by two armed men, but whether appellant was one of the robbers. It will be recalled that Edmund Marcelo was the only person to identify appellant as one of the robbers. Since James Dunlevy could identify only Cronin as one of the robbers, his testimony could be relevant to the issue of appellant's identity only to the extent that it supported, or contradicted, Marcelo's testimony. In certain respects, Dunlevy's testimony plainly did support Marcelo's, in particular, the testimony that Marcelo's
[ 283 Pa. Super. Page 496]
Pharmacy had indeed been robbed on July 19, and that the robber Dunlevy observed (Cronin) was armed. Dunlevy's testimony that several months after the robbery he was shown a photograph of a gun that he recognized as having been used by Cronin in the robbery, together with the introduction of the photograph, was relevant only by way of illustrating Dunlevy's earlier testimony, thereby giving the jury a better understanding of the kind of gun Cronin possessed. Loub's testimony that on November 5, 1977, he apprehended Cronin and recovered a gun that was subsequently photographed was relevant to establish a foundation for the photograph identified by Dunlevy. This testimony also tended to corroborate Dunlevy's identification of Cronin as a robber since it placed in Cronin's possession the gun used in the robbery. Thus, up to this point it may be said that Loub's testimony was relevant to the issue of appellant's identity only to the degree that it corroborated Dunlevy's corroboration of Marcelo's testimony, Loub's additional testimony, concerning the details of his apprehension and shooting of Cronin, and the photographs taken at the scene of the shooting, were relevant only in an even more attenuated way, for their only relevance was to bolster the credibility of Loub's testimony that on November 5 he apprehended Cronin and recovered a gun. In this regard, it should be noted that appellant did not attack Loub's credibility, other than to inquire why he brought a photograph of the gun to trial rather than the gun itself. Loub's credibility was not in issue, and the jury would have had no reason to disbelieve him. On balance the most that may be said regarding Loub's testimony and the photographs taken at the scene of the shooting of Cronin is that they were marginally relevant to the issue of appellant's identity.
On the other hand, the prejudice that resulted to appellant from the introduction of Loub's testimony and the photographs was substantial. Of course, as the Commonwealth asserts, it would have been illogical for the jury to impute to appellant Cronin's attempted murder of the officer, and had
[ 283 Pa. Super. Page 497]
Loub's description of the circumstances surrounding Cronin's death been briefer and the photographs taken at the scene not been introduced and displayed to the jury, any prejudice to appellant would have been minimal.*fn4 But Loub's description was not brief, and the photographs were introduced and displayed to the jury.
In addition, the danger this created that the jury would confuse Cronin's misdeeds with the charges against appellant was heightened -- and exploited -- by the district attorney in his closing argument, when he said:
Certainly from the evidence that you heard in this case there was an agreement to commit the crime, because two people don't just walk in a store accidentally, pull out guns accidentally, and one watches the place while the other one has the people crawling around on the floor. And they don't accidentally leave together, they don't accidentally jump in a car waiting outside with the engine running with a blond driving it. That's a conspiracy. There is an obvious agreement there.
Possession of instruments of a crime is possession of the gun. We don't have one of the guns or any of the pills, but we have the other gun, a gun which one of the co-conspirators tried to shoot a police officer in New Jersey with --
Mr. Berkowitz [defense counsel]: Your Honor, I object. I ask the court to strike that remark in this case.
The Court: Motion denied.
Mr. Castille [district attorney]: You are allowed to make reasonable inferences from the facts produced, and you are allowed to draw inferences from the evidence produced in this particular crime.
That was not only an inference, that's what the policeman said. What was the guy doing, sticks a gun at the
[ 283 Pa. Super. Page 498]
policeman's head? What was he trying to do to him? He was trying to shoot him, that's all.
So possession of a weapon by either person. You heard testimony two people had guns.
N.T. 1/26/78 at 27-28.
This intemperate statement confused Cronin's attempted murder of Officer Loub with appellant's culpability for the robbery of Marcelo's Pharmacy, and amounted to an invitation to the jury to do the same. The lower court should have sustained appellant's counsel's objection to the district attorney's argument, and should have done immediately what it had failed to do when Loub's testimony and the photographs were introduced -- i. e., give the jury a cautionary instruction as to the limited purpose for which the testimony and photographs had been admitted into evidence. Cf. Commonwealth v. Geho, 223 Pa. Super. 525, 302 A.2d 463 (1973) (when co-defendant pleads guilty during a consolidated trial court has duty "to give adequate and clear cautionary instructions to the jury to avoid 'guilt by association' as to the defendant being tried"). The lower court, however, never gave such an instruction, and the evidence was submitted to the jury to use as it saw fit.
It is settled that evidence of criminal activity not charged in the indictment or information on which the defendant is being tried cannot be introduced at trial except in certain limited circumstances. This principle is premised on the observation that although the commission of one offense is not proof of the commission of another, a fact-finder will often be reluctant to acquit a known criminal. E. g., Commonwealth v. Fuller, 479 Pa. 353, 388 A.2d 693 (1978); Commonwealth v. Roman, 465 Pa. 515, 351 A.2d 214 (1976); Commonwealth v. Fortune, 464 Pa. 367, 346 A.2d 783 (1975); Commonwealth v. Foose, 441 Pa. 173, 272 A.2d 452 (1971); Commonwealth v. Wable, 382 Pa. 80, 114 A.2d 334 (1955). This principle is frequently applied to exclude evidence of the accused's own prior and subsequent crimes; but a similar principle applies to exclude evidence that might
[ 283 Pa. Super. Page 499]
persuade a jury to convict an accused on the basis of unrelated criminal activity by another. Thus in Commonwealth v. DuVal, 453 Pa. 205, 213, 307 A.2d 229, 233 (1973), the Supreme Court held that it was improper for the district attorney to call to the stand a witness likely to be associated with the defendant in the minds of the jurors, when the district attorney knew that the witness would assert his privilege against self-incrimination. "[T]he inference to be drawn from the refusal to testify of the defendant's co-defendant, accomplice or associate has no probative value whatsoever in establishing the guilt of the defendant. It is rather an effort to cause the jury to think 'guilt by association.'" 453 Pa. at 213-14, 307 A.2d at 232-33 (original emphasis). Similarly, in Commonwealth v. Hales, 384 Pa. 153, 119 A.2d 520 (1956), the Court held that it was reversible error to permit the district attorney to question a defendant charged with murdering her six-week old baby about her weekly visits with her aunt, when the aunt was in no way connected with the crime but had been imprisoned for committing an unrelated murder. In Commonwealth v. Hoskins, 485 Pa. 542, 403 A.2d 521 (1979), the Court stated that it was improper for the district attorney to refer to the accused's membership in the Black Muslims, a group that had been the subject to widespread unfavorable publicity because of the criminal activity of some of its members, and in Commonwealth v. Truitt, 369 Pa. 72, 85 A.2d 425 (1951), the Court ordered a new trial because of the improper admission of evidence concerning the accused's Communistic connections. See also Commonwealth v. Bobko, 453 Pa. 475, 309 A.2d 576 (1973), and Commonwealth v. Trapp, 217 Pa. Super. 384, 272 A.2d 512 (1970) (disclosure of co-defendant's criminal history aggravated prejudice accused already suffered from improper disclosure of his own prior crimes); Commonwealth v. Greenwood, 488 Pa. 618, 413 A.2d 655 (1980) (new trial granted because of district attorney's irrelevant examination on defendant's participation in the Universal Life Church).
[ 283 Pa. Super. Page 500]
It is the duty of the district attorney to seek justice and not merely a conviction. Commonwealth v. Evans, 479 Pa. 100, 387 A.2d 854 (1978); Commonwealth v. Starks, 479 Pa. 51, 387 A.2d 829 (1978); Commonwealth v. Mayberry, 479 Pa. 23, 387 A.2d 815 (1978); ABA Project on Standards for Criminal Justice, Standards Relating to the Prosecution Function § 1.1(c) (Approved Draft, 1971). Here, the Commonwealth admits in its brief that it "had no intention of calling Officer Loub as a witness or presenting any evidence concerning the fatal encounter between Loub and Cronin" until appellant requested the production of the photographs, Commonwealth's Brief at 18, and further asserts that "[i]f defendant wished to keep Loub's testimony from the jury, he should have refrained from demanding the photograph."*fn5 Id. The lower court accepted this excuse.*fn6 We do not. Appellant's counsel had the right to demand the production of the photograph of the gun identified by Dunlevy. Indeed, the photograph should have been introduced when Dunlevy first testified that he had made the identification. Counsel also had the right to demand that a foundation be laid before the photograph was admitted into evidence. It should have been a simple matter for the district attorney to lay the necessary foundation without asking Loub to describe his shooting of Cronin, a collateral matter that was not probative of any matter in dispute. Instead, the district
[ 283 Pa. Super. Page 501]
attorney intentionally developed an inquiry into the circumstances of Cronin's violent death, displayed photographs of Cronin's dead body to the jury, and then, during closing argument, confused the charges against appellant with Cronin's misdeeds. The effect of this conduct was to punish appellant for exercising his right to insist that the Commonwealth be put to its proof. In these circumstances, the Commonwealth is in no position to argue that the potential prejudice caused by the conduct did not in fact materialize.*fn7 See generally Commonwealth v. DuVal, supra; Commonwealth v. Williams, 470 Pa. 172, 368 A.2d 249 (1977); Commonwealth v. Cannon, 453 Pa. 389, 309 A.2d 384 (1973). Nor can it be maintained in these circumstances, where only one eyewitness identified appellant at trial and no cautionary instructions were given by the court, that the prejudice suffered by appellant was harmless beyond a reasonable doubt. Commonwealth v. Story, supra.
Judgment of sentence reversed, and case remanded for new trial.
And now on this 7th day of January 1981 it is ordered that the opinion authored by me in the case of Commonwealth v. Krajci, filed on August 1, 1980 be withdrawn and that my revised opinion in this case be filed.
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The industry should stop debating on making the Open Market Option compulsory and should suggest ways to improve choice, said the Pension Income Choice Association (Pica).
Insurers must accept that improvements are required to ensure pensioners get a better deal, the lobby group said in a statement.
"Something has to be done because far too many people are losing out. This includes those who fail to secure the best rate on a standard annuity and, more worryingly, those who do not investigate their enhanced annuity options", the statement from Pica read.
"It is clear that the majority in the industry now realise improvements have to be made and that change will require new legislation. Voluntary action taken so far does not seem to be working and the big providers are not coming up with many ideas of their own", it added.
Making the OMO compulsory and imposing it on people will not solve the problem, the group said adding: "What we need is a truly informed shopping around process where the buyer has the power and the provider has to compete to win the business".
Not everybody avails OMO, Pica said adding: "Too many pensioners fail to engage with OMO and we believe many of those that do may still be losing out by taking conventional plans. Our suggestion is to improve the wake-up information that retiring workers receive to remove any bias and introducing a pension passport that gives them the details at their fingertips that they will need when shopping around and making decisions".
The suggested changes will benefit people with smaller pot also and will not force people to act, it said. The objective is to ensure that shopping around becomes easier as it is for customers to stick with current providers.
Pica's suggestion comes after the Phoenix Group and Legal & General protested against making OMO the default or compulsory option.
Pica was set up in 2009 and the lobby group campaigns for greater awareness of retirement option on behalf of IFAs and pension providers. It counts IFAs, employee benefits consultants in the annuities and retirement market, and product providers as members and is urging the government to replace the current system with a three-step pensions passport process.


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Orzo Pilaf With Peas, Pearl Onions, and Roasted Red Peppers
Total Time
Prep 5 mins
Cook 15 mins
From a Vegan Mediterranean cookbook that tastes more like a risotto than a pilaf because of its creamy texture.
Ingredients Nutrition
- 2 tablespoons extra virgin olive oil
- 2 garlic cloves, finely chopped
- 12 ounces orzo pasta
- 3 cups vegetable broth
- 1 1⁄2 cups frozen baby green peas and pearl onions
- 1 (7 1/2 ounce) jar roasted red peppers, drained and chopped
- salt and pepper
- In a large, deep-sided skillet with a lid, heat the oil over medium heat. Add the garlic and cook, stirring, for 2 minutes. Add the orzo and cook, stirring, for 2 minutes.
- Add the broth, peas and pearl onions, red peppers, salt, and black pepper. Bring to a boil over high heat. Reduce the heat, cover, and simmer, stirring a few times until the orzo is tender yet still firm to the bite and absorbed the liquids, about 15 minutes. Serve at once.


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Description of this paper
PSY - Dr. William Harley, author of the book, His Needs, Her needs
Question;Dr. William Harley, author of the book, His Needs, Her needs posits that there are 10 emotional needs which we seek to fulfill in intimate relationships. He notes that one should be aware of their needs as well as those of their partners. The needs are: Affection Sexual Fulfillment Conversation Recreational Companionship Honesty and Openness Physical Attractiveness Financial Support Domestic Support Family Commitment Admiration He provides a brief description of the needs at: http://www.marriagebuilders.com/graphic/mbi3300_needs.html How can psychologists and others interested in human sexual behavior help couples to identify and apply these data? What is the usefulness of these data in day to day life? Are there emotional needs which are important, but unaddressed from this framework?
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Lakers 96, Mavericks 91
On a night when the Lakers very much wanted to see them, they got some flashbacks to the championship mettle they showed last season.
The Lakers beat Dallas, 96-91, on Saturday night in a huge game for potential playoff standing as they seek another NBA title.
Ron Artest, who blew a key layup off a Kobe Bryant miss in the loss to Miami last game, made like Game 5 of the 2010 Western Conference finals vs. Phoenix with a clean-up and score after Bryant missed. The Lakers stepped up with impressive team play while Bryant was fighting injury, same as they did in a January 2010 game here when Bryant went half-speed because of back spasms.
Bryant was shooting 5 for 16 from the field -- hardly his best effort after all that extra shooting work he did after the loss in Miami on Thursday night -- when he got hurt. He shot 1 for 4 in the fourth quarter upon returning from a sprained left ankle, but Artest redeemed the miss with a layup with a minute to go for a 91-85 Lakers lead.
It still was close when Jason Terry missed a nine-foot shot over Andrew Bynum that could've cut the lead to 92-91. Bynum got the rebound and sank two free throws to secure the game with 11 seconds left. He logged 37 minutes -- more than anyone on either team.
Shawn Marion tied his season high with 25 points, matching Dirk Nowitzki's 25. But Artest continued his recent surge with 12 points and eight rebounds. So did Bynum with his 22 points (and 15 rebounds) that topped Bryant's 16 points. While Bryant resting, Steve Blake, Matt Barnes and Shannon Brown made key contributions off the bench.
With the victory, the Lakers finished their last significant road trip of the season with a 3-1 record and victories in San Antonio, Atlanta and Dallas despite the loss in Miami. The Lakers moved within a half-game of Dallas in the competition for the No. 2 seed (and potential home-court advantage in the Western Conference semifinals) -- and they could lock up the tiebreaker over the Mavericks with a March 31 victory over them at Staples Center.
The Lakers now don't have another road game until April 1, positioning them well to move ahead of Dallas in the standings.
Reporting from Dallas
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text:
LSE opening bell28 Oct 2009
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LSE eyes launch of 'opening bell' to boost brand
The London Stock Exchange intends to dump "The Source", a mobile sculpture in the lobby of its headquarters where balls are activated to herald the start of trading, in favour of an "opening bell".
The move is part of the LSE's strategy to boost its brand amid intense rivalry from competitors.


text:
Subject: [PATCH RFC] rcu: Make __rcu_read_lock() inlinable
Newsgroups: gmane.linux.kernel
Date: Sunday 25th March 2012 20:52:49 UTC (over 4 years ago)
The preemptible-RCU implementations of __rcu_read_lock() have not been inlinable due to task_struct references that ran afoul of include-file dependencies. Fix this (as suggested by Linus) by moving the task_struct ->rcu_read_lock_nesting field to a per-CPU variable that is saved and restored at context-switch time. With this change, __rcu_read_lock() references only that new per-CPU variable, and so may be safely inlined. This change also allows some code that was duplicated in kernel/rcutree_plugin.h and kernel/rcutiny_plugin.h to be merged into include/linux/rcupdate.h. This same approach unfortunately cannot be used on __rcu_read_unlock() because it also references the task_struct ->rcu_read_unlock_special field, to which cross-task access is required by rcu_boost(). This function will be handled in a separate commit, if need be. The TREE_RCU variant passes modest rcutorture runs, while TINY_RCU still has a few bugs. Peter Zijlstra might have some thoughts on hooking into the scheduler. Disallows use of RCU from within the architecture-specific switch_to() function, which probably runs afoul of tracing for at least some architectures. There probably are still a few other bugs, as well. TREE_RCU should be OK for experimental usage. Suggested-by: Linus Torvalds


text:
Moped Ride by habby.shaw on Flickr.
Moped Ride by habby.shaw on Flickr.
I need to hear this
I chose you long ago
Have you chosen me yet?
'Cause I'm starting to wear thin, find it harder to forgive
Every time you let us slip down your list of priorities
I'm waiting for you to finally say you're here and here to stay
But darling, if you know that it's through
You can't keep doing what you do
If it's time to let go of you
Now please don't take this wrong
You know I want you
But don't think I won't move on


text:
dba1461 Review
comfortable and durable
This is a great chair. I ordered 8 for my new office. We have all shapes and sizes of people including very short and very "hefty". Also one person has back problems. EVERYONE loves this chair. We sit in these chairs 8 hrs a day and have used them now for over 8 months. It was a great buy for us.
- How accurate was the sizing? Very
- Please tell us about the quality of the product. High quality
- Was the product free of any manufacturer defects? Yes
Was This Review Helpful?


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2 Pages
The Biblical Allusions in The Old Man and the Sea, a Novel by Ernest Hemingway
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Pages: 2
Word Count: 1,800
Category: English
Sub-Category: American Literature
Topic: Ernest Hemingway
Sub-Topic: The Old Man and the Sea
Word Count: 1,800
Pages: 2
Through time as distant as the early periods when Homo habilis first roamed the earth man has incessantly entered into conflict with nature As the primitive man has evolved he has become over-dependant on nature to the point where he takes advantage of its abundance of gifts Despite the fact that man has a tendency to desecrate nature there are those who recognize and praise its power and make an effort to become one with it Though it may sound refreshing to know that man can appreciate nature being truly considerate of nature is virtually impossible A person who has read Ernest Hemingways final novel The Old Man and the Sea and has interpreted the protagonist as a lover of all creatures is manipulated by Hemingways usage of biblical allusions to suggest a concealed Christ figure in the old man Santiago Hemingways novel uses the timeless theme of man versus nature to tell a story with the support of allusions to Christ of an old man who after losing his only reason for living strives to prove himself a superior individual and discover the meaning of life through nature The name Santiago is a biblical reference that translated into English means Saint James Those who are direly active with the Christian religion and have read The Old Man and the Sea perceive the old man as an indirect reference to Saint Francis of Assisi In the bible Saint Francis was born to a wealthy merchant and when he grew older he distributed his riches among the poor Saint Francis of Assisi was best known for his love of birds and was believed to have the ability to communicate with them While at sea Santiago speaks to all the birds that pass because of his loneliness caused by the absence of his fishing partner Manolin One fish in particular a warbler flew by Santiago and perched on the stern of his boat Santiago then tells
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This pair is moving sideways but looks like that we'll have a bearish movement. The price has tried to go higher but we have an important resistance at 1.5193, the price has tested this area, but was unable to jump above this obstacle. The rate can decrease again from this level with target somewhere at 1.5097 or lower at 1.5076. If the price will fall below these support levels, the next target will be at 1,5033.
We also have another scenario if the price will grow and take out the resistance area, so if the rate will jump above 1.5193 and we'll have a consolidation there, we can go long on this pair with target at 1.5273 or higher at the 23.6% retracement level. I want to remind you that this pair is still bearish and that the US Dollar is very strong, the buck can grow further.
Thanks for this; cable is an interesting one for sure. Consumer price inflation report today down to 0.6% and a fall in the producer prices as well as lower energy costs work in. gbp/usd still recovered though as there was a lack of dollar buying today. There is some risks in the forthcoming months with an election looming. If we see a break below 1.50 that would set the marker on the downside.
The price had another attempt to break the resistance, if the US economic data will be as expected (negative), the price will grow to reach the 23.6% level.Today we also have the BOE Gov Carney Speaks, maybe we'll have some volatility in the market.
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Akansha Resort
Mehragaon, Bhimtal, Uttaranchal - 263 001
Akansha Resort, Bhimtal - Overview
Akansha Resort offers Wi-Fi connectivity on chargeable basis within the premises.This property is situated 7 km from Bhimtal Lake. Each of the rooms are spacious and offers modern amenities. Conveniences like television, telephone, air-conditioner, wardrobe and make up mirror. All rooms have attached bathroom with hot/cold water supply.
This resort in Bhimtal offers 24-hour front desk and room service, travel agent, laundry, luggage storage space, security, medical service and power backup generator. Akansha Resort features a multi-cuisine restaurant that serves Indian, Chinese and Punjabi cuisines. Kathgodam Railway Station is 26 km and Pantnagar Airport is 60 km from the property. Tourist Attractions like Kasauni (100 km), Corbett Falls (50 km) and Naukuchia Taal (12 km).
Check-out time : Until 12:00 pm
Check availability for Akansha Resort, Bhimtal
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Akansha Resort, Bhimtal - Amenities
- 24 Hour Power Supply
- Doctor on Call
- Housekeeping
- Laundry facilities
- Medical services
- Parking
- Restaurant
- Room service
- Telephone
- Travel counter
- Attached Bathroom
- Cable/satellite TV
- H/C running water
- Housekeeping
- Wakeup-calls