text: Edited with additional personal playing experience Introduction Price: $2.99 iTunes Store link: Merlin's Legacy Merlin's Legacy Lite Developer: Oasys Mobile, Inc Although Merlin's Legacy is quite an old game, it nevertheless is one of my favourite games. The storyline is a cheesy "avenge your mentor" adventure; Merlin has just died, and you are to find out who is behind his death. Gameplay Long version (Scroll down to view simple short version) The actual mechanics of the game is very simple. Two wizards face each other on a long 2D field (varying fields include, desert, forest, snow). Difference between fields are purely aesthetic and do not impact game play. The field view is changed by dragging along the screen. You and the enemy wizard have access to spells that can be learned every few battles. Each wizard uses spells to attack or defend their life points respectively. Every spell has a different mana requirement ranging from one to four. There are three school of magic spells you may learn from. Please Register or Log in to view images Please Register or Log in to view imagesPlease Register or Log in to view images You can mix and match spells from any school of magic to your liking for each upcoming battle, although the game recommends at least one of each type of spell. First of all are missile spells, which can destroy enemy monsters, trees, graves or simply the enemy wizard. Each missile spell has a different effect and strength. For example "Ice Bolt" does medium damage and leaves behind an a temporary area of effect of ice which slows any monster that walks through it. All missiles share the common trait of having a splash effect, which monsters grouped together will all be damaged. Using missile spells require you tapping the icon once then tapping the area on the screen you wish to cast the spell (you do not have to choose each time, as it remembers your selection, defaults to enemy wizard in beginning of battle though), tap the spell icon again to cast. Missiles are cast from your wizard so there is a delay from initial launch to impact at chosen spot. Everyone likes visuals Please Register or Log in to view images Next, monster summons. With these spells you summon a monster from your wizard (or if they're undead, the closest gravestone to the enemy wizard). They travel along the field dealing damage to enemy monsters, shields, or the enemy wizard. Monster strength is also it's hp. The game is scaled so that stronger monsters can mow down several weaker monsters. For example a "Wood Spirit" which costs two mana and has a strength of two can defeat three imps, each costing one mana each. The game therefore favours single or few stronger monster as opposed to a mob of weaker monsters. Upon reaching shields, monsters whittle down the shield's hp without any strength loss, the same can be said upon reaching the enemy wizard. Lastly, shields provide some defense for your wizard. There are only three types of shields in this game, and only one that can attack enemy monsters. Shields are conjured the same way as missiles; A tap on the icon, a tap on the field, and a final tap on the the icon to summon. Ideally, summoning a shield in front of your wizard is the best defense, as it blocks incoming monsters and missiles. Shields summoned anywhere besides in front of your wizard provide only monster defense. Moar visuals Please Register or Log in to view images In addition to spells, there are magical artifacts that appear at beginning of battles that can be picked up by monsters. When a monster with an artifact is destroyed the artifact is dropped. The magical artifacts grant powers to the wizard such as increased missile damage or reduced mana cost for spells. I mentioned trees and graves earlier so, what do they do? Trees are in the field background and can only be generated by summoning a "Wood Spirit" or a "Wood Guardian". Trees can be destroyed by missiles only. When "Druidism" creatures have a tree in their direct background, they gain a one strength bonus. A certain "Druidism" creature gains a bonus for each tree on the field as well, making trees a valuable resource. Graves are summoning points for all "Necromancy" creatures and are a requirement for the spell "Necrotic Strength" which gives bonus strength for each grave. tl;dr Short version (Fiiiine, ignore the long version) Summon monsters, shoot missiles, defend with shields Please Register or Log in to view images A. Life bar. Whoever empties out first loses. B. Mana bar. Regenerates slowly, each slot corresponds to one mana. C. Shield. Must be conjured. Protects the wizard's life. D. Shield strength. Shield is destroyed when swords reach zero. The shield in the diagram can attack, but only this type. Shield strength is not related to shield attack strength. E. Monster strength. Monster is destroyed when swords reach zero. Monster strength is related to attack strength. F. Monster. Different monsters can be summoned with different spells. Monsters attack shields, wizards, and other monsters. G. Tree. Trees give several differing bonuses to "Druidism" spells. H. Missile. They can destroy trees, graves, monsters, and wizards. I. Grave. Graves give bonuses to "Necromancy" spells. Also a summoning point for "Necromancy" creatures. J. Spell bar. This shows the spells you have chosen and are available for this battle. Tap to use. There are three modes of play which I'll cover briefly. 1. Quest This is basically the Campaign and the first mode you will be able to play fully. As mentioned above, you follow the story of an apprentice who must avenge his mentor's death. The story progresses as each battle is fought and little by little the protagonist finds clues until at the end he defeats the murderer. 2. Tournament In this mode, you battle several wizards in a row. If you successfully defeat the string of enemies, you win perks that are applied in all modes of play. Examples of perks is a strength bonus to all "Druidism" creatures and a bonus to starting mana. 3. Endless This is my favourite mode, as this guarantees to a large degree, replay value. As assumed, you embark on endless battles with randomized enemy wizards that get progressively harder (you can choose three degrees of difficulty though). You cannot pick spells in between battles. Controls The controls in this game are well executed with simple taps. There is no difficulty concerning controls. Playing this game I had no trouble using spells, dragging the field, or flipping through the menu. I don't see how controls in this game can get any better. Extra information There is a Feats and Stats menu to view your... well, feats and stats. A picture speaks a thousand words. In this case, two thousand Please Register or Log in to view imagesPlease Register or Log in to view images Options Please Register or Log in to view images Help Please Register or Log in to view images There is no save button, you just exit the game. If you exit in the middle of a battle, you have to start the battle over again. This is good and bad, good because if you're about to die in Endless mode, just exit. It'll save, and continue at the start of the battle. Bad because if you get a call or accidentally exit and you're about to beat a wizard it's pretty much a "FFFFFUUUUU" moment. Thankfully, the battles are short. Glitches in this game are apparently non-existent as I've yet to find any bugs. It doesn't crash, even when backgrounded, which is impressive since I'm jailbroken and usually have Safari, Mail, and a game going at once. One further complaint I have however is the length of the Quest mode. It took me under an hour the first time to complete it and on subsequent completions it took around 20 minutes. This obviously begs the question of replayability. I touched upon this earlier and to reiterate, the Endless mode is the source of replay value in this game. Few times a week I find myself coming back to the game to play or continue Endless mode. Last Thoughts The game is surprisingly well done for such a simple concept. Strategy is a big factor here too. I'll suggest you try out Lite first, then decide. I haven't seen any other game like this in the app store. If you do know one like this please tell me. Ratings Gameplay/Controls: 8/10 - Very good controls, good gameplay. Presentation/Graphics: 7/10 - Graphics are decent and fit the game style. Audio: 7/10 - Nothing special about the sounds. Replay Value: 8/10 - Play it few times a week for months now Value for the Money: 8/10 - Little bit expensive for a short game, but currently no other game like it Overall: 7.6 - "Good"


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decided: March 17, 1976.
COMMONWEALTH OF PENNSYLVANIA, APPELLANT,v.LLOYD MINOR
F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., James A. Shellenberger, Philadelphia, for appellant.
Edward Griffith, Philadelphia, for appellee.
Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Jones, C. J., did not participate in the consideration or decision of this case. Pomeroy, J., filed a dissenting opinion in which Eagen, J., joins.
[ 467 Pa. Page 231]
On July 4, 1971, appellee Lloyd Minor was arrested and charged with aggravated robbery and carrying a concealed deadly weapon. On June 19, 1972, his pleas of guilty to both charges were accepted. During the colloquy
[ 467 Pa. Page 232]
which preceded the pleas, there was no explanation of either the elements which made out the crimes charged or of the relationship of the facts of appellee's case to those definitions. The only mention of the charges at the guilty plea hearing was:
"Q. [by defense counsel] Do you [Minor] understand the charges which you appear at the bar of the Court to wit: Aggravated Robbery and C.C.D.W., that you have an absolute right to have this matter heard by a jury?
A. [by Minor] Yes."
Following imposition of sentence, appellee appealed to the Superior Court, alleging that the failure to explain the elements of the crimes charged rendered the pleas unknowing and unintelligent. That court reversed the judgment of sentence, finding appellee's contention to be meritorious. The Superior Court, however, reversed not because the colloquy failed to satisfy Commonwealth v. Ingram, 455 Pa. 198, 316 A.2d 77 (1974), decided after appellee's guilty plea was accepted, which requires that the elements of the crimes charged be explained to a defendant who is about to plead guilty, but because the plea colloquy failed to satisfy pre- Ingram standards and rule 319(a).*fn1
The Commonwealth requested and was granted permission to file an appeal*fn2 to this Court to determine (1)
[ 467 Pa. Page 233]
whether Ingram controlled appellee's case, (2) if Ingram did not control appellee's case, whether the plea colloquy satisfied pre- Ingram standards, and (3) what the remedy should be if it is determined that a plea colloquy is inadequate to show a valid guilty plea. The issue has resolved itself to whether Ingram announced new law. We hold that it did not and, therefore, find that pre- Ingram and post- Ingram standards for guilty plea colloquies are the same. Accordingly, we affirm the order of the Superior Court reversing appellee's judgment of sentence.
In Pennsylvania, even before we decided Ingram, it has been the law that an understanding of the elements of the offense charged is necessary to an intelligent, knowing and voluntary guilty plea.
In United States ex rel. McDonald v. Pennsylvania, 343 F.2d 447, 451 (3d Cir. 1965), the third circuit stated that in Pennsylvania "the question whether the plea of guilty is voluntarily and intelligently made can only be determined if it is shown on the record what comprehension the accused had of the nature and elements of the charge against him . . . ."
In Commonwealth ex rel. West v. Rundle, 428 Pa. 102, 237 A.2d 196 (1968), we suggested that trial courts make
[ 467 Pa. Page 234]
a record which adequately reflects, inter alia, the defendant's understanding of the offense charged.*fn3 Since that decision we have frequently indicated that such an understanding is essential to a valid guilty plea. See Commonwealth v. Cushnie, 433 Pa. 131, 134-36, 249 A.2d 290, 292 (1969) (listing defendant's knowledge of elements of crime as aspect of voluntariness of plea); Commonwealth v. Enty, 442 Pa. 39, 40, 271 A.2d 926, 927, cert. denied, 402 U.S. 913, 91 S.Ct. 1396, 28 L.Ed.2d 656 (1971) ("understanding of the nature of the charges" an aspect of voluntariness); Commonwealth v. Belgrave, 445 Pa. 311, 317, 285 A.2d 448, 450 (1971) (quoting Enty); Commonwealth v. Jenkins, 449 Pa. 398, 296 A.2d 926 (1972) (Court satisfied itself that defendant knew elements of both crime charged and other forms of homicide in sustaining voluntariness of guilty plea); Commonwealth v. Maddox, 450 Pa. 406, 412, 300 A.2d 503, 506 (1973) ("Review of the record satisfies us that the appellant was aware of the nature of the offense with which he was charged and that he understood that his acts constituted that offense"); Commonwealth v. Jackson, 450 Pa. 417, 419, 299 A.2d 209, 210 (1973) ("Review of the colloquy . . . satisfies us that the trial judge properly determined that appellant pleaded guilty with an understanding of the nature of the charge and how his acts constituted the offense with which he was charged"); Commonwealth v. Campbell, 451 Pa. 465, 468, 304 A.2d 121, 122 (1973) ("The crucial elements of the offense . . . were sufficiently conveyed to appellant"); Commonwealth v. McNeil, 453 Pa. 102, 106, 305 A.2d 51, 54 (1973) ("The guilty plea colloquy must be considered in light of the overall objective which is to ensure that the plea is made with an understanding of the charge and an awareness of its consequences").
[ 467 Pa. Page 235]
These cases demonstrate that the defendant's understanding of the nature and elements of the charges against him has long been an essential part of a valid guilty plea in Pennsylvania. In this respect Ingram cannot be said to be new law.*fn4 A reading of Ingram itself reveals that it was not, and was not intended to be, a statement of new law:
"The revised comments to Rule 319, paragraph (a), specifically recommend that [appellant understand the nature of the charges to which he pleaded guilty as one of] three points [to] be among those 'minimum' points covered in the examination of the defendant. While we have not yet voided a plea because the presumption of innocence was not mentioned to a defendant, we have indicated that a factual basis for the plea must be demonstrated and that the defendant must understand the nature of the charges to which he is pleading. See Commonwealth v. Campbell, . . .; Commonwealth v. Jackson, . . .; Commonwealth v. Maddox, . . . . This is consistent with the comment to paragraph (a) of Rule 319 which suggests that the rule was intended to codify the 'preferred practice' suggested by our decisions in Commonwealth ex rel. West v. Rundle, . . . and Commonwealth v. Belgrave, . . . . This 'preferred practice' (which is now 'mandatory practice' under Rule 319) was that the trial court should 'conduct an on the record examination
[ 467 Pa. Page 236]
of the defendant which should include, inter alia, an attempt to satisfy itself that the defendant understands the nature of the charges . . . ."
Commonwealth v. Ingram, 455 Pa. 198, 201, 316 A.2d 77, 79 (1974).
This conclusion is strengthened by examination of Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), which set forth the constitutional requirements for a valid guilty plea colloquy.*fn5
Boykin plead guilty*fn6 to five counts of common law robbery, and was sentenced, by a jury,*fn7 to death on each of the five counts. On direct appeal, the Alabama Supreme Court affirmed the judgments and sentences.*fn8 The United States Supreme Court granted certiorari and reversed stating: "It was error, plain on the face of the record, for the trial judge to accept [Boykin's] guilty plea without an affirmative showing that it was intelligent and voluntary."*fn9
[ 467 Pa. Page 237]
The Court failed to specify the precise nature of the required showing. It did, however, emphasize the dual nature of a guilty plea as both a waiver of constitutional rights and an admission of criminal conduct. Further, the Court implicitly recognized that the decision to waive constitutional rights depends, in part, upon the defendant's actual knowledge that he committed the crime charged and the facts which the state would have to prove by competent evidence. To ensure that the defendant has the information necessary to decide intelligently how to plead, the Court suggested that an explanation of the elements of the crime charged and how the facts fit that definition was necessary to an intelligent, knowing and voluntary plea:
"'[B]ecause a guilty plea is an admission of all the elements of a formal criminal charge, it cannot be truly voluntary unless the defendant possesses an understanding of the law in relation to the facts.'"
395 U.S. at 243 n. 5, 89 S.Ct. at 1712 n. 5, quoting McCarthy v. United States, 395 U.S. 459, 466, 89 S.Ct. 1166, 1171, 22 L.Ed.2d 418 (1969) (construing Fed.R.Crim.P. 11 requirements for guilty plea colloquy in federal court).
Finally, the Court recognized that the best and surest way to assure both that the defendant's rights are protected and that the plea is validly taken is to make an adequate record at the plea hearing:
"What is at stake for an accused facing death or imprisonment demands the utmost solicitude of which courts are capable in canvassing the matter with the accused to make sure he has a full understanding of what the plea connotes and of its consequence. When the judge discharges that function, he leaves a record
[ 467 Pa. Page 238]
adequate for any review that may be later sought . . . and forestalls the spin-off of collateral proceedings that seek to probe murky memories."*fn10
Id. at 243-44, 89 S.Ct. at 1712-13.
Boykin has been recognized as requiring an on the record determination that the defendant understood the nature and elements of the charges against him. The Eighth Circuit Court of Appeals interpreted Boykin as holding that:
"an on the record examination conducted by the trial court accepting a guilty plea which includes, inter alia, an attempt by that Court to satisfy itself that the defendant understands the nature of the charges . . . [and] acts sufficient to constitute the offenses for which he is charged . . . is sufficient to insulate the plea [in state court] from subsequent attack in collateral proceedings [in federal court]."
Missouri v. Turley, 443 F.2d 1313 (8th Cir. 1971).*fn11
A commentator writing in the Harvard Law Review stated:
"Thus [the language] 'what the plea connotes' [in Boykin ] . . . seems to refer -- as does Federal Rule 11 -- to an understanding of the nature of the charge itself. The McCarthy Court specified that this rule 11 requirement is satisfied only if the record
[ 467 Pa. Page 239]
shows that the defendant understands the 'elements' of the crime to which he is pleading guilty. Since it is hard to imagine that any less might satisfy the [ Boykin ] requirement, the constitutional rule [imposed by Boykin ] will probably correspond to rule 11."*fn12
The commentator went on to say that "the court viewed the [defendant's "understanding of the law in relation to the facts"]*fn13 as part of the voluntariness and understanding requirement."*fn14
The law in Pennsylvania before Boykin, and in the rest of the nation after Boykin requires that the defendant understand the elements of the crimes charged. This aspect of Ingram was not a novel development, but rather a statement of established state and federal law.
Because the trial court failed to explain to appellee the nature and elements of the charges against him, and because that failure rendered the plea legally involuntary, we affirm the order of the Superior Court reversing appellee's judgment of sentence.
Order affirmed.
POMEROY, Justice (dissenting).
In my view the standards set forth in Commonwealth v. Ingram, 455 Pa. 198, 316 A.2d 77 (1974), are not applicable to pleas of guilty entered prior to January 24, 1974, the date of the Ingram decision. I am also of opinion
[ 467 Pa. Page 240]
that the colloquy which was conducted in the case at bar prior to the trial court's acceptance of the appellee's pleas of guilty to aggravated robbery and carrying a concealed weapon complied with the law as it stood prior to Ingram. Hence, I must dissent from the Court's affirmance of the order of the Superior Court reversing the judgments of sentence and remanding the case for trial.*fn1
In Commonwealth v. Ingram, supra, this Court held that a plea of guilty should not be accepted unless the record discloses that "the elements of the crime or crimes charged were outlined in understandable terms."*fn2 Ingram, supra at 204, 316 A.2d at 80. Today the Court concludes that this requirement constituted no new law and therefore that the question of retroactive application of Ingram does not arise. With respect, I disagree.
The Court bases its conclusion that no new law was announced in Ingram primarily upon decisions of this Court*fn3 expressing the view that the trial court should
[ 467 Pa. Page 241]
ascertain that the defendant understands the nature of the offenses to which he is pleading guilty. The Court's reliance upon these cases is misplaced for two reasons. In the first place, none of the cases cited requires the trial court to put on the record evidence of the defendant's understanding of the nature of the offenses charged. See the opinion of the Court, ante at 348 n. 3. As I read the opinions in those cases, they merely indicate that such an understanding is relevant to the question whether a plea of guilty was intelligently entered, and advise or suggest that showing that the defendant possessed such an understanding may aid in subsequent determinations of the validity of the plea. This reading is supported by the Ingram opinion itself in which the Court stated that our decisions in Commonwealth v. Campbell, and Commonwealth v. Jackson, note 3 supra, merely " imply " that an on-the-record showing of the defendant's understanding of the nature of the charges should be made, and concluded that "[w]e now expressly hold that there is such a requirement." 455 Pa. at 204, 316 A.2d at 80 (emphasis added). In the second place, contrary to what the Court implicitly suggests, the nature of an offense and an outline of its legal elements are not synonymous; the former is much broader and less specific than the latter. I submit that, at least in some situations, an understanding of the nature of an offense may be inferred from knowledge of the name by which it is called and the seriousness of the consequences of being convicted of it, and therefore that such an understanding may exist in the absence of knowledge of the legal elements of the crime. In Commonwealth v. Campbell, 451 Pa. 465,
[ 467 Pa. Page 242304]
A.2d 121 (1973), for example, we found that the defendant understood the nature of voluntary manslaughter even though the trial judge's explanation of voluntary manslaughter was incorrect and that the term "mens rea" had not been explained to the defendant. It is impossible to believe that this conclusion would be reached by the Court today if a post- Ingram plea entered upon an identical record to that in Campbell were to come before it. The reason, I submit, is that Ingram indeed wrought a change in the law governing the validity of guilty pleas.*fn4
In support of the view that Ingram announced no new law, the Court also relies upon the decision of the Supreme Court of the United States in Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). In Boykin, the Court had before it a guilty plea which had been entered upon a record which was entirely silent as to the defendant's comprehension of the nature and consequences of his plea. The Court held that, because a guilty plea necessarily involves a waiver of important federal constitutional rights,*fn5 it should not be accepted in the absence of an on-the-record showing that the defendant understands 'what the plea connotes and . . . its consequences." Boykin, supra at 244, 89 S.Ct. at 1712, 23 L.Ed.2d at 280. The Court expressed no view, however, as to what such an on-the-record showing
[ 467 Pa. Page 243]
should include; nor did it impose any affirmative requirement that the trial court convey any specific information to the accused. Indeed, the federal courts of appeals have repeatedly held*fn6 that Boykin does not require that the trial court inform the defendant of the federal constitutional rights which were enumerated in the Boykin opinion, see note 5 supra. As the Fifth Circuit said in McChesney v. Henderson, 482 F.2d 1101, 1106 (5th Cir. 1973):
"[N]o rule of criminal procedure was mandated by Boykin, and there is no express requirement that specific articulation of the three constitutional rights above mentioned be given to the accused at the time of the acceptance of a plea of guilty, but it is necessary that the record show that the guilty plea was intelligently and voluntarily made."
My reading of Boykin is well summed up by Mr. Justice Roberts in his concurring opinion in Commonwealth v. Godfrey, 434 Pa. 532, 538, 254 A.2d 923, 926 (1971):
"[W]e need never overturn a guilty plea simply because there was no on-the-record inquiry at the time the plea was entered, provided that a subsequent record establishes that the plea is otherwise valid. I do not believe that Boykin in any way compels a contrary result.
" Boykin, as I read it, deals with the following situation: at the outset, the trial judge accepted a guilty plea with absolutely no on-the-record inquiry of the defendant as to whether the plea was knowingly and voluntarily entered. The Alabama Supreme Court affirmed,
[ 467 Pa. Page 244]
with no further record before it, in effect approving this procedure, at least as a matter of state law. The case then moved on to the Supreme Court of the United States where that Court was faced with a guilty plea, apparently held valid under state law, that had no supporting record as to voluntariness. Under these facts, the Supreme Court of the United States had no choice but to reverse and invalidate the guilty plea." (Concurring opinion of Roberts, J., joined by Bell, C. J., and Pomeroy, J.)
Because Boykin is a "silent record" case which imposed no requirements as to the content of guilty plea colloquies, it cannot be authority for the very specific Ingram requirement that the record demonstrate that the elements of each offense charged be explained to the defendant.*fn7
Because I find that Commonwealth v. Ingram, supra, effected a change in the then existing law concerning the acceptance of guilty pleas, it is necessary that I address the question whether Ingram is applicable to cases, such as the one before us, in which pleas of guilty were entered before Ingram was decided.
As part I of this opinion demonstrates, Ingram was not required by federal constitutional law as set forth in Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), by prior decisions of this Court, or by Rule 319(a) of our Rules of Criminal Procedure. While Ingram was no doubt designed to implement and assure compliance with the constitutional requirements as to the voluntariness of guilty pleas, it is most appropriately viewed as a new rule of criminal procedure, in effect an amendment to Rule 319(a), resting for its authority upon our supervisory powers over the courts and law enforcement
[ 467 Pa. Page 245]
officials of this Commonwealth and adopted through the medium of an opinion rendered in a case on appeal rather than by the normal rule making procedures of the Court. See Article V, Section 10, of the Constitution of Pennsylvania; Commonwealth v. Campana, 455 Pa. 622, 314 A.2d 854 (1974) [addendum opinion to Commonwealth v. Campana, 452 Pa. 233, 304 A.2d 432 (1973)]; Commonwealth v. Milliken, 450 Pa. 310, 300 A.2d 78 (1973). See also Commonwealth v. Futch, 447 Pa. 389, 290 A.2d 417 (1972).
Decisions promulgating rules of procedure adopted under our supervisory powers generally have been applied in a wholly prospective fashion. See Commonwealth v. Jones, 457 Pa. 563, 319 A.2d 142 (1974); Commonwealth v. Milliken, 450 Pa. 310, 300 A.2d 78 (1973); Commonwealth v. Hynd, 230 Pa. Super. 114, 326 A.2d 434 (1974).*fn8 That is, such decisions have been applied only to conduct or proceedings occurring after the respective dates upon which their "rules" have been announced.*fn9 Accordingly, in a long line of cases the Superior Court has unanimously declined to apply Ingram retroactively.*fn10
[ 467 Pa. Page 246]
I agree with these decisions and would therefore hold that Ingram applies only to pleas of guilty entered after January 24, 1974, the date Ingram was decided.*fn11
Prior to this Court's decision in Commonwealth v. Ingram, supra, a guilty plea colloquy was sufficient if it demonstrated that the plea was "voluntarily and understandingly tendered." Pa.R.Cr.P. 319(a).*fn12 In the instant case, the record shows that Minor was informed that he was charged with taking money at knifepoint from the person of one Jack Orgiefsky in a taxicab in Philadelphia, and was advised of the constitutional rights he was waiving by pleading guilty. Minor stated that he knew where he was and what he was doing, that his plea was not induced by threats or promises, and that he was satisfied with the representation of his attorney. Nevertheless, Minor argues, and the Superior Court held, that
[ 467 Pa. Page 247]
the colloquy was deficient under pre- Ingram law because the record fails to demonstrate that he understood the nature of the charges against him. In my view this argument lacks merit for two reasons. First, before Ingram, there was no requirement that the defendant be informed of the nature of the charges against him. The comment to Rule 319(a) of our Rules of Criminal Procedure and our cases merely recommended that this be done. See Commonwealth v. Campbell, 451 Pa. 465, 467, 304 A.2d 121 (1973). Second, in any event, the record in this case shows that Minor did in fact understand the nature of the charges against him. In the course of the colloquy the trial court asked Minor, "Do you understand the charges which [sic] you appear at the bar of the Court, to wit: Aggravated Robbery and C.C.D.W., that you have an absolute right to have this matter heard by a jury?" Minor responded, "Yes." Although it would have been advisable for the court to state in full the name of the latter offense (carrying a concealed deadly weapon), I cannot say that failure to do so constitutes a fatal defect in the colloquy. The trial judge asked Minor whether he understood the charges against him; there is no reason to assume that the defendant did not respond truthfully. I agree with the following observations in the opinion of Judge Van der Voort, dissenting in the Superior Court:
"[A]ppellant by this question and answer indicated to the hearing judge that he did understand the charges against him. He had skilled counsel and there is no reason to assume that when he says that he did understand the charges against him that he nevertheless did not.
"[T]he fact that the one charge was identified by its initials would be the greater reason for appellant to indicate that he didn't understand that charge if in fact
[ 467 Pa. Page 248]
he did not." 231 Pa. Super. at 143, 332 A.2d at 497-98 (Dissenting opinion of Van der Voort, J.).
I am satisfied that the colloquy which preceded Lloyd Minor's pleas of guilty was adequate under the law as it stood prior to Ingram. Accordingly, I would reverse the order of the Superior Court which reversed the judgments of sentence.
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Blondie's Secret
Release Date: January 1st, 1948
Not Yet Rated|1 hr. 8 min.
Plot Summary
Stolen luggage and other delays keep the Bumsteads (Penny Singleton, Arthur Lake) from going on vacation.
Cast: Penny Singleton, Arthur Lake, Larry Simms, Marjorie Kent, Jerome Cowan, Thurston Hall, Jack Rice, Danny Mummert
Director: Edward Bernds
Genres: Comedy


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By shreya joshi
Makes my face feel washed out. I have to combine it with darker pink to make the color pop.
Posted on 9/28/2016
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Lynn Johnston is the creator of one of the world's most popular comic strips, For Better or For Worse, which began in 1979 and is published in more than twenty countries. A Pulitzer Prize nominee, Lynn's many honors include the National Cartoonists Society's Reuben Award and the prestigious Order of Canada. Farley, the Old English Sheepdog from her comic strip, is based on a beloved dog—of the same name—she once owned. Lynn lives in Northern Ontario, Canada.
" Royce and Hadrian are business partners. Their business? Crime. One a mercenary, the other a thief, they peddle their unique services to the wealthy aristocrats of the lands of Avryn. Or at least, ..."
> read more
" Narcotics officer Cal Moore was supposed to detail the lastest L.A. drug murder. Instead, he winds up in a motel room, his head busted open, with a suicide note stuffed in his back pocket. Long ago, ..."
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" Something About You, the first book in the FBI-US Attorney Series is perfect listening for a day at the beach or a long automobile trip. Author Julie James establishes suspense early in the plot with ..."
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text:
Announcement Welcome to my shop. Take a moment to look around. I will be adding items daily. Lots of new fun things to come in the future.
Welcome to my shop. Take a moment to look around. I will be adding items daily. Lots of new fun things to come in the future.
Bri Nicoletti on Nov 19, 2015
Extremely disappointed. I ordered these items in September and was told in October that they were on backorder in China (would have been nice to know before ordering). I asked to cancel the order in late October, as there is a small window during which my newborn niece can wear a fall onesie, and beyond the shop owner acknowledging my desire to cancel, I still have not gotten my money back. I am extremely displeased, and would advise that you go elsewhere.
denisecapps3 on Oct 17, 2015
I ordered the onesie on 9/20 and still have not received my item as of 10/17 I've emailed and convo twice with no response. It is now 10/22 no response and still no onesie.
tminshew1 on Jan 4, 2015
I do not usually do reviews. I decided to this time since I have yet to receive the owl ornaments I ordered around Thanksgiving with intentions of being gifts fir coworkers. I emailed the shop a couple of times without getting a response either time.
Bows, bows and more bows
I decided to put my creative side to use. I love seeing people smile.
Shop members
Chrissy Megginson
I have been sewing and creating items for many years now. I love being able to use my creativity to create the perfect item for you. I would love the opportunity to create something for you.
Shop policies
Accepted payment methods
- Accepts Etsy gift cards


text:
You won't be able to dismiss this by usual means (escape or click button), but you can close it programatically based on user choices or actions.
"I love the quality of the cards and the envelopes. The size of the cards are almost 4 1/2 x 5 1/2. A perfect size to realize that it's something important in your mailbox. It looks great on my refrigerator with a magnet and in my curio on display. I highly recommend the black and gold border."
"Loved the magnet! See it on all my friends refrigerators! Now they won't forget the date! Picture quality was great, loved the back and white and how easy it was to customized. Asked for them to add "Formal invite to follow" at the bottom and it looked amazing! Wish I had added my website also, but I will add that on the invite."
"the quality of the magnet is great, the print is beautiful, the colors are so vivid, the picture could be better, but thats because my picture was taken with a celphone, so the quality is not the same than one taken with a professional camera. My only complain, is that the picture on the magnet could of be bigger, the picture looks a bit small for the size of the card. In general, is a beautifuly made card, great quality."
"Very beautiful & sophisticated. Timeless & classic design. Beautiful colours that match similar real flowers. The font is great & easy to read. Highly recommend."
"Fell in love all over again! Our save the dates came out perfect. Perfect quality, services, & pricing! Would definitely recommend to everyone!"


text:
"This information was last updated on 31 July 2014 and the next update will occur in late August 2014."
So, we are hoping the date will be updated within 1/2 days.
Hi Guys,
Have you seen any change in your immi account? I have found a new section in my immi account
"Admin forms documents" with couple of column in it but saying "No attachments available." I am not sure what I have to do with that section or what I have to upload here or how to upload?
Another thing is below that section I found a new a line saying:
"Correspondence for this application is currently being sent to the Primary Applicant at the following email address: email@example.com"
And Previously , Main Applicant, Secondary Applicant and All Dependent Section had "Processing" but now for all applicant it is showing "Processing - Please wait for the department to contact you".
I just check with one of my friend who are also waiting and in his case, he found something else in his immi account. For him primary applicant, still showing " Processing" and for his wife it is showing "Processing - Please wait for the department to contact you". Another major change in his secondary applicant section is: he found a new link in his wife's section to complete character assessment Where as in my application I did not find any link in my secondary applicant to complete character assessment.
What about you guys did you find anything change in your immi account or not? Please share. Is it a good sign or not I am not sure? Just share in detail if it helps anyone.
"Correspondence for this application is currently being sent to the Primary Applicant at the following email address: email@example.com" can be seen in every one's account. This is to tell you that the correspondence has been or will be sent to the email account.
The IMMI account has been upgraded. You can now see more details in it. Your case officer will ask you if s/he needs anything from you.
Quick question folks: Not that we (me, wife, and child) have been granted Bridging Visas (applied for 887 a few days ago), do we qualify for medicare? I've been paying for private medical insurance for 2 years now (the 475 visa duration) and if we do qualify for medicare then I'd like to switch to that and cancel the costly private insurance. What is the procedure if we do qualify?
475 to 887--- Application Date: 22 Aug 2014---Team 10 Request: 12 Nov 2014
No Team 13 Request so far---Referred to ESC: 23 Nov 2014---Grant 27th July 2015 Waiting time 11+ months
Hello all,
Allocation dates for 887 just updated, and according to them , they are processing or working files lodged after 15/3/2014 , which is not right.


text: Videos Video: Jane Jarvis Plays "Meet the Mets" January 8, 2013 Mark Berman 0 Comment Well, it's audio actually — Jane Jarvis playing "Meet the Mets" on her famous Shea Stadium organ. You may also like ... Video: 2 Massive Shea Stadium Home RunsVideo: 10/1/85 — Best Mets Game I've Ever SeenVideo: Let's Go Mets Go!Video: Now the Fun Starts?!


text:
Market forecasting system that predicts daily more than 150 investment channels: stocks, currencies and commodities.
Leave a Reply
2 Comments on "I Know First"
August 6, 2015 3:35 pm
I am looking for member comments regarding market forecaster " I Know First" Any help would be greatly appreciated…….Vern
October 4, 2016 5:29 pm
Hello Vern,
Great algo that based on AI and ML, I am using it for 2 years already, I suggesting to start with the Top 20 stock picks. also the customized forecast is also really usefull (algorithmic forecsat for you own portfolio) Good luck


text:
Notify me of follow-up comments
Maternity hospitals in Adilabad take complete responsibility of woman and her child. For choosing hospital in Adilabad, many things should be in mind like provide safety to mom and baby, timely treatment, etc. There are various women healthcare centre having good reviews from patients, like Srinivasa Maternity Surgical and Orthopedic Nursing Home. Obstetricians of Adilabad suggest that women should take healthy food during pregnancy. The maternity hospital of Adilabad responsible for childbirth, infertility, abortion, contraception, etc. For getting rid of complications during pregnancy, women should keep in touch with their doctor in Adilabad.


text:
processed sucking air short transition
Simple bell. Feel free to download and use, just leave a comment, please.
Flash gun charging
This is an audio concept for the Flash vs Quicksilver video from Ismahawk https://youtu.be/VwcQY-d0I_g Jet rockets are the main element ...
A Bleep or Beep to censor words
This synthetic explosion sound is bigger than that of "ExplosionBombBlastAmbient", giving a hint of a large fireball that rises for ...
Synthesized sound of a bomb fall.
A pipe bursts, 8 explosions occur with one big explosion. All will be seen in Script-X Animation Studios film, The ...
Made on FM8 with some volume envelopes!! Directly synthesized, not layered.
This sound was made in Audacity using the in-build DTMF generator. Used some gentle wah-wah
This sound was made in Audacity using the in-build DTMF generator.
A delayed, melodic kinda instrumental loop. Probably useful for minimal techno.
A sci-fi sonic wave type sound
Acoustic wave that sounds balanced and harsh.
made in fl.


text:
Spy Break
Torrent Description
The torrent has 1 files, total 954.0MB, created at Dec. 17, 2014.
Torrent Tags
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The torrent has been downloaded 643 times, the speed is good.
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UpSkirt - Spring Break - Public Nudity Spy Voyeur Cam UpSkirt At Club With No Panties.rar.torrent6.0MB


text:
Set of eight tiny holiday bells, each just 1-inch tall with a "Merry Christmas" across the bottom edge. Shown here strung on a red velvet ribbon and fashioned into a hand-crafted door display. The bells can be easily removed for a display of your own design. Originally purchased in a box of eight. Four are round bells. Four are square. Three holiday pictures depicted. Imported and signed ''Japan.'' Hanging as a door display it measures 35 ½½ inches long on red velvet ribbon with a green satin backing.
A few things rare. The usual and unusual. A chance to jog old memories or start new ones.
Christmas Items Just Listed - More Than 300 Items Under $25
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text: High frequency reconstruction of audio signal based on chaotic prediction theoryYong-tao Sha, Changchun Bao, Mao-shen Jia, Xin LiuICASSP2010The quality of audio signals that have been encoded with low-bit rate audio coding standards is degraded because the high frequency information has been removed. The quality of such audio signals can, however, be improved by reconstructing the high frequency information which was lost. In this paper the principles of audio signal production and the… (More)


text:
House center next Balcon de Europa and the beach
From $89 / night
Description from the owner
Description from the owner
Bedrooms: 2/
Bathrooms: 2/
Sleeps: 6/
Type: House
Book this 2 bedroom, 2 bathroom house in Nerja today! A total of 6 people can sleep here comfortably.
Guests can enjoy a air conditioning and internet access among other amenities offered by this rental.
No travelers have shared a review of this property yet.
Costs vary, with the average weekly rate as low as $588.00 to as high as $833.00, depending on travel dates.
The owner responds to 100% of inquiries and last updated the property's calendar today.
Proximity to TripAdvisor's Top Nerja Attractions
Proximity to TripAdvisor's Top Nerja Attractions
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text:
Thread: need help setting up server
08-05-2005, 01:25 AM #1Junior Guru
- Join Date
- Jul 2005
- Location
- uk
- Posts
- 187
need help setting up server
this is the box i got recently
OS: FreeBSD 5.x
Hardware: AMD 3000+ Barton/1024MB/80GB
Control Panel: none
using webmin now
i know this would be considered a bit noobish but gotta learn one day
so here are the things we stuck on
no.1- do i need to setup a DNS server or not
no.2- whats supposed to be the name server (and how to set it up )ive got 4 domain names one is live three of them parked at godaddy and i got no idea about this name server stuff if some kind soul could atleast post a link to get a carpenters guide to seting up a server or a fisherman's guide to setting up a server .would be ever gratefull
we not thinking about reselling or anything if that makes any difference
no.3- would getting plesk make my life a bit easier considering that the things stated above are a problem for me
my friend (who takes care of the techie part ) is bent upon setting everything himself even if it takes 10 years so plz help us out of this crappy situation then i will ask about mysql crap aswell which is proving to be a nightmare
i have one site running www.desisensation.com wiht 1500+ unique hits a day and about 18000-20000 page views every day .if you are a hosting seller or want to advertise your site in return of your help i can offer you to have your link in my signature (i post in each and every thread on my forum )for a week.
please help help help help .........
thanks a trillion in advance
08-05-2005, 02:14 AM #2Aspiring Evangelist
- Join Date
- Apr 2004
- Location
- Australia
- Posts
- 419
Judging by what you are writing you aren't extremely experienced in the server industry. Don't take offence if this is not true. I believe that install cpanel will be your best bet, i would suggest perl if you had more knowledge on the industry but i think cpanel will be the easiest for you at this time.
If you mean your resolver DNS, then no, your DC should be able to supply you with the ips to put in your /etc/resolv.conf, it will save you caching all of the domains on the internet .
The nameserver is firstly) set at your domain registrar, by creating ns.domain.com and ns2.domain.com and forwarding them to the respective ips on your server. Secondly) Going to your server and adding (if using cpanel) in your server setup the name of the nameserver domain (ns.domain.com) and then add an ip to that nameserver.
Hope i explained a bit to you.
08-05-2005, 02:20 AM #3Junior Guru
- Join Date
- Jul 2005
- Location
- uk
- Posts
- 187
no offence taken i am a noob never had a dedicated server started running this forum 2 months back and now decided to get a dedicated server and here i am
thanks for replying
now we have 8 ips 5 usable out of then what do we do with those 3 which are not usable and if there is no use why do we have them
08-05-2005, 02:22 AM #4Aspiring Evangelist
- Join Date
- Apr 2004
- Location
- Australia
- Posts
- 419
You have them because its a set package, add them to your system but don't accept connections on them, just in case you need to use them down the track.
08-05-2005, 02:34 AM #5Web Hosting Master
- Join Date
- Jul 2004
- Posts
- 928
Get vhcs from vhcs.net its like plesk but nice for free


text:
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January 25, 2011
LORI WIGOD, ON HER OWN BEHALF AND ON THE BEHALF OF OTHERS SIMILARLY-SITUATED, PLAINTIFF,v.WELLS FARGO BANK, N.A. D/B/A WELLS FARGO HOME MORTGAGE, F/K/AWACHOVIA MORTGAGE, FSB, DEFENDANT.
In the midst of an unprecedented financial crisis, the U.S. government made nearly $700 billion in funds available to the country's largest financial institutions to stop the crisis from worsening. A key feature of the $700 billion bank bailout was the Home Affordable Modification Program, under which banks, including defendant Wells Fargo, received incentive payments from the government to provide mortgage loan modifications to homeowners, including plaintiff Lori Wigod.
At first, Wigod received a four-month modification, but has now filed suit against Wells Fargo alleging that it denied her a permanent modification in violation of its contractual obligations. Wigod contends that she is also a victim of Wells Fargo's alleged misrepresentations, its "immoral, unscrupulous, unfair, and oppressive" business practices, and its failure to properly hire and supervise its employees. She seeks damages and an order from the court directing Wells Fargo to permanently modify her mortgage loan.
Before the court is Wells Fargo's motion to dismiss Wigod's complaint in its entirety. For the reasons given below, the motion to dismiss is granted.
For purposes of the motion to dismiss, the court deems the following facts to be true, which are taken from Wigod's first amended complaint, or the various documents attached or referred to in the complaint and central to her claims. See Marshall-Mosby v. Corporate Receivables, Inc., 205 F.3d 323, 326 (7th Cir. 2000).
In September 2007, Wigod obtained mortgage financing from Wells Fargo's predecessor in the amount of $728,500 for a condominium in Chicago. Wigod made payments as due for about the first two years of the mortgage. Although she had not missed a payment, on April 3, 2009, Wigod reached out to Wells Fargo's loss mitigation department and made a written request for a loan modification under the Home Affordable Modification Program, or HAMP.
The HAMP program had been announced on February 18, 2009, and was intended to stave off a tidal wave of foreclosures by restructuring or refinancing the mortgage loans of homeowners already in default, or who were in imminent risk of default, by reducing monthly payments to a sustainable level of not more than 31% of their gross monthly income. All servicers of loans owned, securitized, or guaranteed by Fannie Mae or Freddie Mac were required to participate in HAMP as to those loans. Participation by servicers was voluntary as to loans not owned, securitized, or guaranteed by Fannie Mae or Freddie Mac, such as Wigod's loan.
Wells Fargo's participation in the HAMP program was governed by the Servicer Participation Agreement that it entered into with the Federal National Mortgage Association, or Fannie Mae, in its role as a financial agent of the United States. Under the Servicer Participation Agreement, Wells Fargo was required to evaluate all mortgage loans that had been delinquent for 60 days or more to determine whether they were eligible for modification under HAMP, and were also required to evaluate the mortgage loans of any of their borrowers who contacted them about a HAMP modification.
Under the terms of HAMP, a borrower is eligible for modification only if: (1) the mortgage involves the borrower's primary residence, (2) the amount owed does not exceed $729,750, (3) the borrower has a financial hardship, (4) the mortgage was originated before 2009, and (5) the monthly mortgage payments exceed 31% of the borrower's monthly income. See Supplemental Directive 09-01*fn1 (attached as Exhibit A to the Declaration of Steven Lezell) at 2-3. In addition, servicers are required to perform various evaluations of borrowers in order to determine whether the borrower is eligible for a permanent modification. Among the tests servicers perform is Net Present Value test, which evaluates a borrower's financial position to determine whether a modification would be profitable. Servicers also use a "waterfall" process to determine whether any combination of capitalizing unpaid interest and escrow fees, waiving late fees, reducing the interest rate to as low as 2%, and/or extending the term of the loan would reduce the borrower's monthly payment to no more than 31% of her monthly income. See Response [42-1] at 4 (citing various portions of Supplemental Directive 09-01).
A HAMP modification is carried out in two stages. First, an eligible borrower who has represented to her lender that she cannot afford the payments required under her mortgage loan receives a Trial Period Plan, or TPP, from her lender. The TPP requires the borrower to make reduced monthly mortgage payments during the trial period (Wigod's trial period was 4 months), while the lender suspends any scheduled foreclosure sale. The borrower also agrees to document her inability to pay under the terms of the mortgage loan if she has not already done so, and to obtain credit counseling if required by the lender.
The second stage consists of the borrower and lender entering into a Modification Agreement, under which the terms of the original mortgage loan are permanently modified. However, no permanent modification will occur if the borrower fails to make a required payment during the trial period, or if the lender determines that the borrower's representations about her financial condition are no longer true.
The parties dispute whether HAMP requires a lender to permanently modify a mortgage if the borrower makes all required payments and their financial representations remain true. Wigod alleges that because she satisfied both of those conditions, Wells Fargo was required to permanently modify her loan, citing in support the following language from the Trial Period Plan:
If I am in compliance with this Loan Trial Period and my representations in Section 1 continue to be true in all material respects, then the Lender will provide me with a Loan Modification Agreement, as set forth in Section 3, that would amend and supplement (1) the Mortgage on the Property, and (2) the Note secured by the Mortgage.
TPP (Exhibit A to the First Amended Complaint [23-1]) at 1. But Wells Fargo contends that it was not required to permanently modify a mortgage loan if it determined during the trial period that the borrower did not meet the requirements under HAMP for a modification, citing in support the following language from the Trial Period Plan:
I understand that the Plan is not a modification of the Loan Documents and that the Loan Documents will not be modified unless and until (I) I meet all of the conditions required for modification, (ii) I receive a fully executed copy of a Modification Agreement, and (iii) the Modification Effective Date has passed. I further understand and agree that the Lender will not be obligated or bound to make any modification of the Loan Documents if I fail to meet any one of the requirements under this Plan.
Id. ¶ 2(G).
After receiving Wigod's request for a loan modification under HAMP and financial disclosures she had also forwarded, Wells Fargo notified Wigod in mid-May 2009 that she qualified for a temporary loan modification. On May 28, 2009, Wigod received a Trial Period Plan from Wells Fargo, which she signed and returned "along with any final documents Defendant deemed were necessary to determine her eligibility." Am. Compl. [23-1] ¶ 33.
Beginning in July 2009, Wigod made each of the payments required during the four-month period covered by the Trial Period Plan. Wigod alleges that she also fully complied with all of the other terms of the Trial Period Plan, "such as keeping her information accurate and submitting all necessary paperwork." However, in a letter dated November 13, 2009, Wells Fargo notified Wigod that she was not eligible for a permanent modification of her mortgage loan:
Unfortunately, after carefully reviewing the information you've provided, we are unable to adjust the terms of your mortgage. You have not been approved for a mortgage loan modification because we were unable to get you to a modified payment amount that you could afford per the investor guidelines on your mortgage.
Letter of November 13, 2009 (attached as Exhibit C to the Amended Complaint [23-1]).
Although the four-month term of her Trial Period Plan ended in October 2009, Wigod has continued making mortgage payments in the reduced amount due under the Trial Period Plan rather than the full amount due under her original mortgage loan. She has also attempted to convince Wells Fargo that its calculations of her eligibility for a HAMP modification were flawed, but those attempts have been unsuccessful. In the meantime, Wells Fargo has sent Wigod monthly notices threatening to foreclose on her home if she does not pay the delinquency between her monthly payment amount due under her original home mortgage, and the reduced amount she has been paying since July 2009.
Wigod has now sued Wells Fargo based upon its decision not to permanently modify her mortgage loan. Specifically, she alleges claims of: (1) breach of the Trial Period Plan (Count I); (2) promissory estoppel, based upon promises Wells Fargo allegedly made in the Trial Period Plan (Count II); (3) breach of the Servicer Participation Agreement (Count III); (4) negligent hiring and supervision (Count IV); (5) fraudulent misrepresentation or concealment (Count V); (6) negligent misrepresentation or concealment (Count VI); and (7) violation of Illinois' Consumer Fraud and Deceptive Business Practices Act (Count VII). Wigod also sues on behalf of a class of similarly situated homeowners across the country. Although Wigod alleges jurisdiction only under the Class Action Fairness Act, see 28 U.S.C. § 1332(d)(2), the court notes that she is a citizen of Illinois while Wells Fargo is chartered in South Dakotah and its principal place of business is in California. Because the court therefore has diversity jurisdiction over Wigod's claims under 28 U.S.C. § 1332(a), it need not delve into the issue of whether it also has jurisdiction under § 1332(d)(2).
Wells Fargo has filed a motion to dismiss each of Wigod's claims. For the reasons stated, the motion to dismiss is granted.
I. Standard of Review
A complaint need only contain a "short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). However, a complaint must contain "enough facts to state a claim to relief that is plausible on its face" and also must state sufficient facts to raise a plaintiff's right to relief above the speculative level. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 547 (2007). In Iqbal, the Supreme Court stated that a claim has facial plausibility "when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009).
The court is neither bound by the plaintiff's legal characterization of the facts, nor required to ignore facts set forth in the complaint that undermine the plaintiff's claims. Scott v. O'Grady, 975 F. 2d 366, 368 (7th Cir. 1992). However, "in examining the facts and matching them up with the stated legal claims, we give 'the plaintiff the benefit of imagination, so long as the hypotheses are consistent with the complaint.'" Bissessur v. Ind. Univ. Board of Trustees, 581 F. 3d 599, 603 (7th Cir. 2009).
II. Breach of Contract (Count I) and Promissory Estoppel (Count II)
In these counts, Wigod alleges that Wells Fargo promised to permanently modify the terms of her original mortgage loan, as long as she met all of the requirements set out in the Trial Period Plan. In Count I, she alleges that the Trial Period Plan was a contract, and that Wells Fargo breached the contract by failing to permanently modify her mortgage loan even though she had fully complied with the terms of the Trial Period Plan. Alternatively, she alleges that Wells Fargo failed to honor its promise to permanently modify Wigod's mortgage loan, a promise on which she relied to her detriment.
Wells Fargo argues that the allegations in Counts I and II are nothing more than claims that Wells Fargo failed to comply with the terms of HAMP, under which Wigod alleges she was entitled to a permanent modification. The vast majority of courts that have considered the issue have agreed that HAMP provides no private right of action. See, e.g., Vida v. OneWest Bank, F.S.B., No. 10-987, 2010 WL 5148473, **3-4 (D. Or. Dec. 13, 2010) (collecting cases).Wigod contends that the lack of any private right of action under HAMP is irrelevant because her claims are grounded not in HAMP, but rather Wells Fargo's promises in the Trial Period Plan. The plaintiff in Vida made a similar attempt to distinguish her claims for breach of contract based upon statements in the Trial Period Plan from a claim under HAMP itself. The district court concluded that even though the plaintiff had couched her claim as one for breach of the Trial Period Plan, "the facts and allegations as pleaded in this case are premised chiefly on the terms and procedures set forth via HAMP and are not sufficiently independent to state a separate state law cause of action for breach of contract." Id. at *5.
As with the plaintiff in Vida, Wigod has alleged claims that rely "primarily on representations made in uniform HAMP documents," including the statement in the Trial Period Plan that as long as she complied with the requirements of that Plan, "'then the Lender will provide me with a Home Affordable Modification Agreement . . . that would amend and supplement (1) the Mortgage on the Property, and (2) the Note secured by the Mortgage.'" Id. (quoting plaintiff's Trial Period Plan). Because "the alleged offer to modify came about and was made wholly under the rubric of HAMP, as were [the plaintiff]'s alleged actions in acceptance of the offer, i.e., submitting the required documentation, and the alleged consideration, i.e. remitting reduced loan payments, [the plaintiff] fails to state a cause of action independent of HAMP, for which there is no private right of action." Id.
Consequently, the motion to dismiss Wigod's claims of breach of contract (Count I) is granted and the claim is dismissed with prejudice. The court also grants the motion to dismiss with prejudice Wigod's claim of promissory estoppel (Count II) which, like her claim of breach of contract, is premised primarily on representations made in uniform HAMP documents.
III. Breach of Servicer Participation Agreement (Count III)
In Count III, Wigod alleges that Wells Fargo breached the terms of the Servicer Participation Agreement that it entered into with Fannie Mae, and that she has standing to sue as an intended beneficiary. Because one of the parties to the Servicer Participation Agreement is Fannie Mae as an agent of the United States, the agreement is governed by federal common law. Speleos v. BAC Home Loans Servicing, L.P., No. 10-11503, 2010 WL 5174510, *3 (D. Mass. Dec. 14, 2010). Under federal law, federal courts apply the Restatement (Second) of Contracts to determine whether a third-party is an intended beneficiary to a government contract. Id. Under § 313 of the Restatement, a third-party is an intended beneficiary only if (a) the contract explicitly gives the third party the right to enforce the contract, or (b) the third party was intended to benefit from the contract and third-party claims are consistent with the terms of the contract. See RESTATEMENT (SECOND) OF CONTRACTS § 313.
Wigod has cited several portions of the Servicer Participation Agreement to show that the Agreement was intended to benefit borrowers like her. However, she has failed to acknowledge the significance of ¶ 11 (E):
The Agreement shall inure to the benefit of and be binding upon the parties to the Agreement and their permitted successors-in-interest.
Servicer Participation Agreement (attached as Exhibit B to the Amended Complaint [23-1])
¶ 11(E). A similarly-worded clause appeared in the Servicer Participation Agreement at issue in Speleos:
These rights and remedies are for our benefit and that of our successors and assigns.
Speleos, 2010 WL 5174510 at *5. In Speleos, the court concluded that such language is inconsistent with allowing third-party claims to enforce the Servicer Participation Agreement and, therefore, held that the borrower was not an intended beneficiary. The decision reached in Speleos that a borrower is not an intended beneficiary of a Servicer Participation Agreement is consistent with the decisions reached by most of the courts that have addressed the issue. See, e.g., id. at *3 (collecting cases).
As with the Servicer Participation Agreement in Speleos, the language in Wells Fargo's Servicer Participation Agreement is inconsistent with allowing third-party claims and, therefore, Wigod is not an intended beneficiary under that Agreement. Accordingly, she lacks standing to bring a claim alleging breach of the Agreement, and Count III is dismissed with prejudice.
IV. Negligent Hiring and Supervision (Count IV)
In Count IV, Wigod alleges that Wells Fargo hired temporary employees who were not qualified to determine a borrower's eligibility for a HAMP modification, and failed to safeguard Wigod against the unfitness of its employees. As a result, Wigod alleges, Wells Fargo's employees improperly determined that borrowers like Wigod were not eligible for a HAMP modification.
As was the case with Wigod's breach of contract and promissory estoppel claims, Wigod is alleging that Wells Fargo failed to adhere to the terms and procedures set forth under HAMP in that it failed to permanently modify her mortgage loan even though, she contends, she met the requirements. Her claim of negligent hiring and supervision is therefore premised on Wells Fargo's obligations as a HAMP servicer, a claim for which HAMP provides her with no private right of action to enforce. See Vida, 2010 WL 5148473, at *5 ("the facts and allegations as pleaded in this case are premised chiefly on the terms and procedures set forth via HAMP and are not sufficiently independent to state" separate state law claims).
Because Wigod's claim of negligent hiring and supervision are really claims that Wells Fargo failed to adhere to the terms and procedures of HAMP, Count IV is dismissed with prejudice.
V. Fraudulent Misrepresentation and/or Concealment (Count V)
Negligent Misrepresentation and/or Concealment (Count VI)
In Counts V and VI, Wigod alleges that she suffered damages after reasonably relying on misrepresentations made by Wells Fargo. Specifically, she identifies the misrepresentation as the statement in the Trial Period Plan that Wells Fargo would permanently modify the terms of her mortgage loan as long as she is "in compliance with this Loan Trial Period and [her] representations in Section 1 continue to be true in all material respects." Trial Period Plan [attached as Exhibit A to the First Amended Complaint [23-1]) at 1. Additionally, she alleges damages based upon Wells Fargo's failure to disclose that (a) it would consider her in default if she made the reduced payments required under the Trial Payment Plan rather than the full payments required under her original mortgage loan, and (b) Wells Fargo would "fail to adhere to applicable HAMP guidelines and directives" by denying her a permanent modification even though she qualified for one under HAMP guidelines.
A. Fraudulent Misrepresentation Negligent Misrepresentation
To succeed on her claim of fraudulent misrepresentation, Wigod must be able to establish each of the following: (1) a false statement of material fact; (2) known or believed to be false by the person making it; (3) an intent to induce the plaintiff to act; (4) justifiable reliance on the truth of the statement; and (5) damage resulting from such reliance. See Weidner v. Karlin, 932 N.E.2d 602, 605 (Ill. App. Ct. 2010). The elements of a claim of negligent misrepresentation are similar, except that (1) the defendant need not have known the statement was false, but rather was merely negligent or careless in failing to ascertain the truth, and (2) the defendant must have owed the plaintiff a duty to provide accurate information. See Kopley Group V., L.P. v. Sheridan Edgewater Properties, Ltd., 876 N.E.2d 218, 228 (Ill. App. Ct. 2007). Both claims require justifiable reliance, which is normally a question a question of fact, but "can be determined as a matter of law when no trier of fact could find that it was reasonable to rely on the alleged statements or when only one conclusion can be drawn." Cozzi Iron & Metal, Inc. v. U.S. Office Equipment, Inc., 250 F.3d 570, 574 (7th Cir. 2001).
Wigod alleges that she reasonably relied on the opening paragraph in the Trial Period Plan that Wells Fargo would permanently modify the terms of her mortgage loan as long as she made the four payments required under the Plan and that her representations of her financial condition remained true-it makes no mention of any other requirements. However, elsewhere in the Trial Period Plan, Wigod was advised that she must meet all of HAMP's requirements for modification: the Plan is not a modification of the Loan Documents and that the Loan Documents will not be modified unless and until (I) I meet all of the conditions required for modification . . . I further understand and agree that the Lender will not be obligated or bound to make any modification of the Loan Documents if I fail to meet any one of the requirements under this Plan.
Trial Period Plan (attached as Exhibit A to First Amended Complaint [23-1]) ¶ 2(G) (emphasis added).
The quoted paragraph is at odds with the opening statement that to obtain a permanent modification, she merely needed to make the four reduced payments required under the Trial Period Plan and supply accurate financial information. Given those inherently contradictory statements, Wigod could not reasonably have relied on just the opening statement because it would have required her to ignore the remainder of the contract which required her to meet all of HAMP's requirements. Indeed, the uniform Trial Period Plan has been interpreted as "explicitly not [being] an enforceable offer for loan modification." Vida, 2010 WL 5148473, at *6. Accordingly, in light of the language of the Trial Period Plan as a whole, any reliance Wigod placed on just the opening sentence was not reasonable and, therefore, as a matter of law, she cannot establish the elements of either a fraudulent or negligent misrepresentation. See Cozzi Iron, 250 F.3d at 574 (reliance is unreasonable as a matter of law "when no trier of fact could find that it was reasonable to rely on the alleged statements").
B. Fraudulent Concealment Negligent Concealment
Wigod also alleges that Wells Fargo either fraudulently or negligently concealed from her (1) "that by her entering into and complying with the [Trial Period Plan] Agreement, Defendant would consider and report her as being in default on her mortgage," and (2) that Wells Fargo "would fail to adhere to applicable HAMP guidelines and directives and would, in contravention of those directives, re-evaluate the Plaintiff's eligibility using different standards and calculations than those required under the directives." First Amended Complaint [23-1] ¶¶ 109, 114, 120. To establish a fraudulent or negligent misrepresentation based upon an omission or concealment, in addition to the elements of a fraudulent or negligent misrepresentation, a plaintiff must show that the defendant owed a duty to supply the omitted or concealed information. See Weidner v. Karlin, 932 N.E.2d 602, 605 (Ill. App. Ct. 2010) ("it is necessary to show the existence of a special or fiduciary relationship, which would raise a duty to speak") (internal quotation marks and citation omitted).
Wells Fargo seeks dismissal of Wigod's claims of alleged concealment based upon the absence of any fiduciary or other duty to speak. Specifically, Wells Fargo points out that under Illinois law, a "mortgagor-mortgagee relationship does not create a fiduciary relationship as a matter of law." Graham v. Midland Mortgage Co., 406 F. Supp. 2d 948, 953 (N.D. Ill. 2005) (internal quotation marks and citation omitted). Wigod responds that Wells Fargo owed her a duty not merely as a mortgagor, but rather because of its "position of influence and superiority over plaintiff" due to its role as "a HAMP servicer." Response [42-1] at 28. However, as was the case with Wigod's breach of contract, promissory estoppel, and negligent hiring and supervision claims, her concealment claims are premised on Wells Fargo's obligations as a HAMP servicer and, therefore, HAMP provides her with no private right of action to enforce those claims. See Vida, 2010 WL 5148473, at *5 ("the facts and allegations as pleaded in this case are premised chiefly on the terms and procedures set forth via HAMP and are not sufficiently independent to state" separate state law claims).
Accordingly, the motion to dismiss Wigod's claims of fraudulent and negligent misrepresentation and concealment (Counts V and VI) are dismissed with prejudice.
VI. Illinois Consumer Fraud Act (Count VII)
Finally, Wigod alleges violations of Illinois' Consumer Fraud and Deceptive Business Practices Act based upon the same statements or omissions at issue in its claims of fraudulent and negligent misrepresentations and omissions, namely: (1) Wells Fargo's purported promise that Wigod would obtain a permanent modification as long as she made the reduced payments required under the Trial Period Plan and her financial disclosures remained accurate; (2) Wells Fargo's alleged failure to disclose that it would consider her in default on her original mortgage if she paid no more than the reduced payments required under the Trial Period Plan; and (3) Wells Fargo's alleged failure to disclose that it would not follow HAMP guidelines when evaluating her eligibility for a permanent modification.
The Consumer Fraud and Deceptive Business Practices Act prohibits unfair methods of competition and unfair or deceptive acts or practices, including the use of any "deception, fraud, false pretense, false promise, misrepresentation or the concealment, suppression or omission of any material fact, with intent that others rely upon the concealment, suppression or omission." 815 Ill. Comp. Stat. § 505/2. To prevail on a claim under the Act, Wigod must establish the following: (1) an unfair or deceptive act by the defendant; (2) the defendant's intention that the plaintiff rely on the unfair or deceptive act; (3) the unfair or deceptive act occurred in the course of trade or commerce; and (4) the unfair or deceptive act proximately caused the plaintiff's damages. See Siegel v. Shell Oil Co., 612 F.3d 932, 934-35 (7th Cir. 2010) (applying Illinois law).
Wells Fargo argues that Wigod's complaint fails to plausibly suggest that she would be able to establish two of the required elements. First, it contends that Wigod's complaint does not plausibly suggest that she could establish an intent to deceive. The court agrees. Wigod argues that Wells Fargo lured her into pursuing a permanent modification all the while knowing that it would never offer those borrowers a permanent modification. But it also alleges that Wells Fargo's participation in HAMP was voluntary. If Wells Fargo was intent on denying permanent modifications to borrowers such as Wigod, it would make no sense for Wells Fargo to voluntarily participate in a program aimed at providing modifications. In other words, if Wells Fargo did not want to permanently modify its borrowers' mortgages, it would not have chosen to voluntarily participate in the government's modification program. Wigod contends that Wells Fargo's motivation was to "extract as much money as possible from borrowers Defendant identified as being at risk for default prior to foreclosure," but by sending Wigod a Temporary Payment Plan, Wells Fargo agreed to accept less from her each month for four months than she was previously obligated to pay. Thus, Wigod's allegations do not plausibly suggest an intent to deceive.
Second, Wells Fargo contends that Wigod's allegations do not plausibly suggest that she has suffered any injury. Wigod alleges that she was injured because she poured all her financial resources into making the four payments required under the Trial Payment Plan, and therefore was unable to "pursue other avenues for saving her home and credit." Am. Compl. [23-1] ¶ 125. However, the fact that Wells Fargo agreed not to foreclose on her home if she made substantially reduced payments for four months, as opposed to the full payment she was otherwise obligated to pay, would have left her with more financial resources to pursue other options, rather than fewer resources. Additionally, to establish damages under the Consumer Fraud Act, Wigod must be able to show that Wells Fargo's alleged "deception deprive[d] the plaintiff of the benefit of her bargain by causing her to pay more than the actual value of the property." Kim v. Carter's Inc., 598 F.3d 362, 365 (7th Cir. 2010) (internal quotation marks and citation omitted). Given Wigod's allegation that Wells Fargo agreed not to foreclose on her home even if she paid less than she owed, her complaint does not plausibly suggest that she suffered any actual pecuniary loss as a result of Wells Fargo's alleged deception. Id. (to establish claim under Consumer Fraud Act, plaintiff must have suffered an "actual pecuniary loss").
Accordingly, Wigod has not plausibly suggested an intent to deceive or an injury proximately caused by the alleged deception, and therefore Wells Fargo's motion to dismiss her claim under Illinois' Consumer Fraud and Deceptive Practices Act is granted. Because she cannot allege an intent to deceive or damages that would be consistent with her allegations that Wells Fargo agreed to a trial period of accepting monthly payments that were less than Wigod owed, the consumer fraud claim in Count VII is dismissed with prejudice.
For the reasons stated, the court grants Wells Fargo's motion to dismiss and dismisses Wigod's claims with prejudice. The clerk is directed to enter a Rule 58 judgment and terminate this case from the court's docket.
Judge Blanche M. ManningUnited States District Judge
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The Forbidden Dance
Release Date: March 16th, 1990
PG-13|1 hr. 37 min.
Plot Summary
An Amazon princess (Laura Herring) goes to Los Angeles and tries to save her rain forest by doing the lambada.
Cast: Laura Herring, Jeff James, Barbra Brighton, Miranda Garrison, Sid Haig, Angela Moya, Richard Lynch,
Director: Greydon Clark
Genres: Drama


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Explains the fundamentals of working with vocal tracks and how to correct pitch and intonation with Auto-Tune evo in Pro Tools.
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The Wasp in a Wig
CARROLL, Lewis
• Terms • Ask a Question
Place Published: New York
Publisher: Lewis Carroll Society
Date Published: 1977
Description: Preface Introduction & Notes by Martin Gardner. 68 pages. Slim 8vo, printed red wrappers. New York: Lewis Carroll Society of America, 1977. First Edition.
Comments: Carroll Studies No. 2Edition: First
Binding: paperback
Condition: fine
Language: English
Type: Books
Book ID: 216567
By This Author: CARROLL, Lewis
By This Publisher: Lewis Carroll Society


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About This is Rosemary
This Is Rosemary. We sound different, and we are different. With specialized products and innovative designs of the highest quality, we are confident you will love what you see. A customer recently said of one of our products, "Your craft is strong and thoughtful." We couldn\'t have said it better ourselves. Explore our site and find out for yourself how our products can help you.


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Sci fi/Fantasy image byMichael Morris
The S.S.V.5. This is a machine that Pinky pilots. I love the camouflage cool... She'll be carving a bloody path with this in my Pinky TA webcomic soon enough.
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Atlanta's breaking news, severe weather, & traffic
Posted: 5:47 a.m. Thursday, June 4, 2009
By Kirk Mellish
Satellite imagery, balloon soundings, and global lightning networks reveal clues about the weather that may have affected the Air France Airbus A330 last Sunday night. The plane flew into thunderstorms, and the updrafts or turbulence associated with those storms, in addition to lightning and maybe icing may have played a role. This is not unprecedented. Look up Pulkovo aviation flight 612 in August of 2006 and Northwest flight 705 in February 1963.
The projected flight path of flight 447 took the aircraft near Sao Luis, Brazil, where it may have first encountered thunderstorms. Later in the flight, the plane seems to have flown into a large cluster thunderstorms northeast of Fernando De Noronha, off Brazil's northern coast, and along the Intertropical Convergence Zone (ITCZ), the belt of low pressure that surrounds the Earth at the equator.
Based on upper-air data near Fernando De Noronha, the updrafts associated with the thunderstorms could easily have reached 50-100 mph, rain cooled air from vertical mixing of dry air could have lead to even stronger downdrafts. Such an updraft would lead to severe turbulence for any aircraft. In addition, the storms were towering up to at least 56,000 feet (some analysis suggests overshooting tops of over 65,000 feet--penetrating the Troposphere) and would have been producing lightning. The Air France plane would have encountered these stormy conditions, which could have resulted in either some structural failure or electrical failure as noted in the automated computer communications between the airplane and Air France headquarters.
Based on satellite images, the Air France flight had little chance of going around the storms because they stretched for over 400 miles and were along the flight path. The airplane was flying at cruising altitude of 35,000 feet. With the updrafts pushing the storms up to 56,000 feet or higher, the plane had to fly through the storms (without turning back) because it could not fly over or around them, they would have used on-board weather radar to navigate through, but this type radar would not show wind shear just rain. Commercial jetliners routinely go through or near thunderstorms at flight level but avoid them at take-off and landing.
Despite the presence of the storms Sunday night, the only lightning detected along the flight path was near Sao Luis, Brazil. Excessive lightning strikes were not being detected with the storms northeast of Fernando De Noronha and along the ITCZ at the time. However, the ITCZ is known for highly electrified storm clouds, and the nearest detectors may simply have been too distant for detection.
Tropical thunderstorms and the lightning patterns generated by them are different from storms that typically occur over the United States. Studies have shown that the top region of a tropical thunderstorm is highly charged and more conducive to lightning, which indicates that an airplane flying near the top of a tropical thunderstorm could be more susceptible to a lightning strike. Tropical thunderstorms are also notorious for producing frequent cloud-to-cloud, as well as cloud-to-air, lightning. The thermodynamics of the region at the time suggest minimal threats from large hail or icing, although some ice could be encountered. Severe turbulence pockets of heavy rain and lightning are more greatly supported by the thermal profile estimates. Flight track data indicate the aircraft would have flown through stormy conditions for some 12 minutes and 75 miles before contact was lost.
The ITCZ is one of Earth's largest and most influential weather systems. It is a year-round phenomenon that actually helps to drive the world's "weather engine." The ITCZ surrounds the Earth's tropics over both land and water, although it tends to be best developed over water. It is, as the name implies, a belt of converging winds known as the trade winds.
Driven by sub-tropical high pressure in both hemispheres, the trade winds tend to converge and pile up steamy, water-laden air that is squeezed aloft into showers and towering tropical thunderstorms. Vast clusters of such tropical rain have the power to alter the paths of storms in the middle latitudes as they release immense energy into the atmosphere. These ITCZ thunderstorms also have the potential to spin up to form tropical storms and hurricanes.
The Northern Hemisphere has more landmass than the Southern Hemisphere, and because of this, it heats more in the Southern Hemisphere during its summer. The ITCZ reaches farthest from the equator during the Northern Hemisphere summer. The average latitude of the ITCZ is 5 to 10 degrees north of the equator.
On Sunday night, Air France Flight 447 intersected the ITCZ north of the equator over the open Atlantic Ocean. At the time, there were thunderstorms within its belt of converging winds, which is a common occurrence. It's worth noting that flying through the ITCZ is not something out of the ordinary, as countless passenger flights have navigated this area routinely for many years, and no doubt countless tropical oceanic flights have encountered similar thunderstorm complexes without such a tragic incident. So it may have been a cascade of factors, including the weather, that lead to the crash.
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I too am having the same issues as others. My withdrawal for $2,500 was approved on 8/20 and my rep stated I would have a tracking number within 7 to 10 days. After several emails this week and last with no response I contacted the chat feature. I also received the same responses of others with conflicting information stating they were waiting on confirmation fthe processors, but then in the same chat said it was getting ready to go to the processors. Bottom line, they said they had no time frame for me but confirmed it has been escalated for a week or so. This is my first withdrawal so of course very nervous. But I enjoy playing at the site.
Dear @Courtneyhplayer,
Please let us know if there's some update on your issue.
Thank you Ask Gamblers! I received an email with tracking number today after all this time. Although I was trying to get them to wire the funds as I do not have a local bank branch. I will let you know if and when check is received.
Hi Courtney--
I've just checked the tracking on this and I'm very happy to see the payment was delivered earlier today.
Unfortunately, I won't be able to speak with Finance until morning to find out why the payment was sent as a check, but I'd like to apologize for the delays and frustration you've experienced with all this.
All the best,
I have sent the check by mail to my bank. Will update once che k has been accepted as I requested this to be wired. Thanks
Dear @courtneyhplayer,
Please makes sure to update your issue in a timely manner and let the AskGamblers Complaints Team know if you got the payment. Keep in mind that in case you fail to respond within the given time frame we will consider your issue as resolved and your complaint will be closed accordingly. Thank you for your cooperation.
I am happy to say my check has cleared and issue resolved. Thank you Ask Gamblers!
Based on submitter's last post AskGamblers Complaints Team consider this case as Resolved and it is officially closed now.
Thank you all for your cooperation.
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Photoluminescence (PL) behaviour in InN nanocolumns reveal decreasing, increasing and near invariant peak energies (EPL) as a function of temperature. Samples, having EPL~0.730 eV at 20 K, showed temperature invariance of EPL. Samples possessing EPL on the lower and higher energy side of 0.730 eV demonstrate a normal redshift and anomalous blueshift, respectively, with increasing temperature. This temperature evolution can be effectively explained on the basis of a competition between a conventional red shift from lattice dilation, dominant for low carrier density sample, on one hand, and a blue shift of the electron and hole quasi Fermi-level separation, dominant for high carrier density samples, on the other.
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Bacteria in the intestine influence motor dysfunction and neuroinflammation in a mouse model of Parkinson's disease.
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Associate Professor, Department of Mechanical Engineering, MIT. Age: 34