text:
Judge Nugent
10-13765 Pratt (Doc. # 112) - Document Text
- Details
- Category: Judge Nugent
- Published: 04 June 2012
- Written by Judge Nugent
SIGNED this 18th day of May, 2012.
JOHN T. PRATT, ) Case No. 10-13765
DOROTHY R. PRATT, ) Chapter 13
Debtors. )
Timbercreek Community Homeowners Association (HOA) filed a proof of claim in this case
for the many years of unpaid homeowners' dues and special assessments owed by the debtors John
and Dorothy Pratt. The Pratts objected to the HOA's claim.1 A creditor's claim is presumed valid;
only if the party objecting to it meets the presumption of validity does the burden of proof shift to
1 Dkt. 43.
Case 10-13765 Doc# 112 Filed 05/18/12 Page 1 of 20
the claimant.2 The debtors' objections are three: first, they claim that the HOA has not provided
maintenance and repair services in an amount commensurate with the dues being charged; second,
that the HOA should credit the Pratts' claim for the amount that the Pratts' insurer paid to replace
roofs that were destroyed in a hailstorm; and third, that the net proceeds of the sale of any four-plex
should only be applied to the dues that are owing on that unit. After trial and consideration of the
evidence and the parties' briefs, I conclude that the debtors failed to meet the presumption of validity
concerning the dues and that the HOA's amended claim is enforceable. The Pratts did meet the
presumption concerning the roof expense credit, but failed to demonstrate that they are entitled to
a larger credit than that already allowed by the HOA in the amended claim. Finally, I agree with the
debtors that the sale proceeds of the units sold during the case should be applied only to the dues
owed on that unit with any surplus being retained by the trustee for distribution under the plan.3
When they filed this case, the Pratts owned eight town homes in two fourplexes in the 74unit
residential Timbercreek Community, located in Lee's Summit, Missouri. They originally
purchased 12 units (3 fourplexes) new in 1989. They sold one fourplex before filing and another
fourplex has been sold pursuant to § 363(f) during the case. The Pratts are older and retired. They
reside in Wichita, but their son lives in one of the units. They rent out the other seven.4
2 § 502(a) and (b)(1); Fed. R. Bankr. P. 3001(f); In re Harrison, 987 F.2d 677 (10th Cir.
1993); In re Broadband Wireless Intern. Corp., 295 B.R. 140 (10th Cir. BAP 2003).
3 The Court has jurisdiction over this core, contested matter under 28 U.S.C. § 1334 and §
157(b)(2)(B). Debtors appear by their attorney Mark J. Lazzo. Timbercreek Community Home
Owners Association, Inc. appears by its attorney Rod Hoffman of Slagle, Bernard & Gorman,
According to HOA's counsel, the properties are town homes, not condominiums.
Case 10-13765 Doc# 112 Filed 05/18/12 Page 2 of 20
Timbercreek is governed by three organic documents that run with the land and allocate
various management and operational responsibilities among the unit owners and the HOA. These
are the Declaration, the Covenants and Restrictions, and the Bylaws.5 It is the duty of the HOA to
repair, restore and replace elements of the townhomes as necessary. This work is funded by
assessments that the HOA may levy on the homeowners.
Duties of the Association: Maintenance
Article V of the Declaration outlines the duties of the HOA.6 Section 5.1 imposes a duty of
maintenance of the Common Areas and Structures and the laying and collecting of assessments to
accomplish that.7 The word "Structures" is defined in Article I of the Covenants as: "all buildings
located on the Property, including however only the external and structural or load-bearing portions
of such buildings and not including the internal portions thereof which constitute the livings [sic]
areas of the Units."8 The HOA is responsible for roof replacement and can impose special
assessments to fund that work.9
Dues and Assessments
Article VI of the Declaration authorizes regular and special assessments in accordance with
5 Ex. 1, 3, and 2.
6 Ex. 1.
7 Ex. 1, § 5.1. Maintenance includes the duty to repair, restore, and replace as necessary.
The Covenants also obligate the HOA "for major maintenance and repair of the Structures." Ex.
3, § 4.1 and § 4.2(l). See also, Ex. 2, § 4.17(c), (e), and (f) (similar Bylaws provisions).
8 Ex. 3, § 1.1(p). It does not include the improvements on the common areas. See § 1.1(j)
defining Facilities.
9 See Ex. 3, § 4.1(b) and § 4.2(c), (f), and (l).
Case 10-13765 Doc# 112 Filed 05/18/12 Page 3 of 20
sections 6.5 of the Declaration of Covenants and Restrictions (Covenants).10 The regular assessments
(also referred to as "dues" in this Order) fund the ongoing operations of the HOA and Common
Expenses.11 Article VI of the Covenants provides that the HOA may levy these assessments and that
unpaid assessments become liens on the units.12 A special assessment may be approved by a simple
majority of voting unit owners without regard to the presence of a quorum.13 The lien that secures
an unpaid assessment is subordinate to any pre-existing lien for real estate taxes or mortgages that
encumber the unit.14 The HOA may foreclose its lien on a non-paying unit, or it can sue the unit's
owner for a money judgment without waiving or foreclosing its lien.15
Insuring the Structures
In many town home communities, the Association contracts for insurance that covers loss
to the external portions of each structure and the premiums for that insurance are borne ratably by
the unit owners. Article VII of the Timbercreek Declaration requires the HOA to maintain casualty
insurance on the Structures.16 Section 7.2(c) makes the premiums for that insurance a common
expense to be allocated among the unit owners at the Board's discretion and billed in addition to the
assessments. In the event of an insured loss, the benefits are payable to the HOA, the unit owners,
10 Ex. 1, § 6.1 and § 6.2. See also, Bylaws, Ex. 2, § 8.7(a), authorizing special
assessments for maintenance, repair, restoration of Structures.
11 See Ex. 3, § 1.1(f), defining "Common Expenses."
12 Ex. 3, § 6.5 and § 6.10.
13 Ex. 3, § 6.5.
14 See also, Ex. 2, § 8.3
15 Ex. 3, Covenants, § 6.10(c) and (d).
16 Ex. 1, § 7.2(b). This coverage is for "full replacement costs."
Case 10-13765 Doc# 112 Filed 05/18/12 Page 4 of 20
and any lienholders on the units.17 If the cost of repairing an insured loss exceeds the benefits paid,
the unit owner is responsible for paying the balance of the repair cost.18
In June of 2007, the members of the HOA voted not to place the common casualty insurance
that the Declaration requires. The HOA's board filed a notice in the Jackson County Recorder's
Office stating that the HOA would cease providing the casualty insurance on the Structures and that
unit owners should secure coverage on their own units from insurers of their choosing at their
expense.19 The Board reminded the unit owners that the regular monthly homeowners dues do not
include the cost of casualty insurance.20 Because the Pratts' mortgage lender required them to
maintain casualty insurance as a condition of their mortgage, the Pratts already maintained separate
The Roof Assessment
At the February 20, 2008 annual meeting, the HOA approved a special assessment of $2,625
per unit to replace the roofs and billed that assessment on April 30, 2008.21 The HOA had negotiated
17 Ex. 1, § 7.2(e).
18 Ex. 1, § 7.2(f).
19 Ex. E. According to Ms. Doris, the HOA actually dropped the casualty insurance in
2002 as a result of the September 2001 terrorist attacks because following the attacks the
casualty insurance premiums skyrocketed. The unit owners declined to approve an assessment
for the increased insurance premiums and at that point, decided to purchase their own casualty
20 The HOA continued to provide public liability insurance for the common areas and
assess the unit owners for that premium. See Ex. 1, § 7.1.
21 Ex. K and J. The total special assessment approved and billed included not only the
roof assessment, but also included a $1,250 assessment for painting and a $375 assessment for
concrete repairs, for a total special assessment of $4,250 per unit. This calculates as a total
special assessment of $34,000 for the Pratts' 8 units and the roof assessment of $2,625 per unit
computes to an assessment of $10,500 for each four-plex. Shelly Doris testified that the HOA
Case 10-13765 Doc# 112 Filed 05/18/12 Page 5 of 20
with a roofer to replace each unit roof for a discounted amount and, had the Pratts paid the
assessment, they would have received new roofs. According to a meeting notice, owners who had
already "individually paid for these repairs will have their remaining credit deducted from the
special assessment amount."22 Payment of the special assessment was due within one year. Because
the Pratts never paid the April 2008 special assessments, they did not receive new roofs.
The HOA's Claim and the Pratts' Objections
The Pratts quit paying regular dues sometime in 2006. They did not pay the 2008 special
assessment for roofs. In the fall of 2009, the HOA sued them to collect the dues and assessments,
but that action was stayed when they filed their chapter 13 case on November 4, 2010. As of the
petition date, according to the HOA's proof of claim, the Pratts had a past due balance of $66,410.54
including all of their unpaid regular monthly assessments and the $4,250 special assessment billed
in April of 2008.23 As will be more thoroughly discussed below, the HOA reduced its claim by an
amount equal to the special roof assessment, $21,000 ($2,625 X 8 units) after the Pratts replaced
their roofs with insurance proceeds following a 2011 hail storm.24 The amended claim amount of
$45,410.54 also includes attorneys fees and expenses incurred by the HOA in attempting to collect
had negotiated a volume discount with a roofing contractor for replacement of a four-plex roof
for $12,000 but had bids as low as $10,500. But because the Pratts had not paid the special
assessment at the time of the hail storm, they could not get their roof replaced through the HOA.
Had the Pratts paid the special assessment, the HOA would have had the Pratt roofs replaced
within 30 days by their roofing contractor.
22 Ex. K.
23 See Ex. 4.
24 See Ex. 4 and 5 (Proof of Claim No. 1 as amended). Timbercreek's original claim in
the amount of $66,410.54 was timely filed November 5, 2010. It was later amended to
$45,410.54 on September 29, 2011 to give the Pratts a $21,000 credit for replacing the roofs of
their units after a storm.
Case 10-13765 Doc# 112 Filed 05/18/12 Page 6 of 20
the Pratts' dues and assessments.
In April, 2011, a severe hail storm in Lee's Summit totally destroyed the Pratts' units' roofs.
Before they replaced the roofs, they sought the HOA's approval. Acting through its agent,
Community Association Management (CAM), the HOA approved the proposed installation in the
following e-mail message from CAM's Shelley Doris to Mr. Pratt:
The legal council [sic] for Timbercreek was consulted as the approval of this item
alters the physical structure25 and the balance on accounts . . .
1. Credit can be applied to the aged balance for the amount originally assessed for
roof work on each unit. No additional credit will be given if actual cost is more than
original assessment. . . .
Homeowner must reply with final receipt/proof of installation and payment rendered
to vendor in order to trigger the credit to account.26
The Pratts went ahead with the repairs and received the $21,000 credit, considerably less than the
$44,085 their insurer paid for the new roofs.27
The Pratts also replaced the garage doors on one of the fourplexes (100-106 Greystone) in
25 The Pratts replaced the roofs with composition shingles; the four-plexes previously
were roofed with wood shakes. This modification would have required the consent of the
Architectural Control Committee of the HOA. See Covenants, Ex. 3, § 5.1(l) and § 7.2.
26 Ex. O [emphasis added].
27 Ex. 6-9. As the insurance adjuster's claim summary reflects, the Pratts submitted a
claim for damage for more than their roofs; it included guttering and downspouts, and
replacement of window and door screens and glass. See Ex. 7 and 9. The roofing contractor's
invoice on one four-plex was $22,174 and covered by insurance proceeds but the contractor's
invoice on the other four-plex was $22,091 of which the insurer paid $21,911. But the roofing
contractor's invoice also reflected work other than the roof (including siding, HVAC, gutters,
and unspecified "miscellaneous") and the invoices were not itemized and the cost was not
allocated among the work described. See Ex. 6 and 8. The Pratts paid out-of-pocket the amount
of the invoice in excess of the insurance proceeds, some $180 on the one four-plex, plus a $2,500
deductible on each four-plex.
Case 10-13765 Doc# 112 Filed 05/18/12 Page 7 of 20
late August of 2011. That cost the Pratts $1,114 in materials and $675 for installation.28 The $675
installation cost was paid from the sale proceeds when this fourplex was sold but the materials were
not.29 The Pratts seek to offset the HOA's claim by these unpaid garage door costs because they
contend that these repairs were the obligation of the HOA.
During the pendency of this case, the Pratts sold the fourplex at 100-106 Greystone and, after
paying the mortgage lienholder and back property taxes, the trustee holds $47,933 in proceeds, some
of which should be applied to pay the past-due assessments and dues for those four units.30 The
Pratts argue that these funds should only be applied to any amounts that remain past-due and unpaid
on these four units with any surplus being reserved for distribution under the confirmed plan.
In summary, the Pratts object that (1) they have not received value commensurate with the
amount of dues the HOA claims; (2) they should be reimbursed in full for the cost of the roofs they
or their insurer replaced; and (3) that the surplus funds held by the Trustee should be disbursed only
to those dues found to be owed the HOA for the 100-106 Greystone duplex and the surplus should
be distributed to their unsecured creditors.
A. Procedure and Proof on Claims Objections
The Bankruptcy Code provides that the claim of a creditor is presumed to be valid unless a
party in interest objects to it.31 The bankruptcy court may not allow any part of a claim that is
28 Ex. 17 and 18.
29 Ex. 12.
30 See Ex. 12 and 13; Dkt. 44, 52. The sale of the fourplex by private treaty was approved
in the amount of $240,000.
31 § 502(a).
Case 10-13765 Doc# 112 Filed 05/18/12 Page 8 of 20
unenforceable as a matter of applicable nonbankruptcy law.32 When a party objects to the allowance
of a claim, that party had the burden of meeting the presumption of validity by producing competent
evidence to demonstrate that an actual dispute regarding the claim's validity or amount exists.33 The
first step, then, is to determine whether the debtors have presented enough proof to meet the
presumed validity of the HOA's claim. Doing so requires examining the organic documents and
determining what law governs their interpretation.
B. Choice of Law: Missouri Law Applies
I interpret the provisions of the Declaration and the Covenants like any other contract and
the familiar rules of contract interpretation apply.34 The terms, conditions and restrictions of the
Declaration run with the land. When the Pratts acquired their four-plexes in 1989, they became
bound by the terms of these instruments.35 Neither the Declaration nor the Covenants contains a
choice of law provision. The Tenth Circuit has held that a federal court sitting in diversity and
32§ 502(b)(1).
33 Fed. R. Bankr.P. 3001(f); 11 U.S.C. § 502(a) and (b)(1). See In re Broadband Wireless
Intern. Corp., 295 B.R. 140, 144 (10th Cir. BAP 2003).
34 Wildflower Community Ass'n, Inc. v. Rinderknecht, 25 S.W. 3d 530, 534 (Mo. App.
2000); DeBaliviere Place Ass'n v. Veal, 337 S.W. 3d 670, 676-77 (Mo. S.Ct. 2011); Kauffman v.
Roling, 851 S.W. 2d 789 (Mo. App. 1993); Falkner v. Colony Woods Ass'n, 40 Kan. App. 2d
349, 353, 198 P.3d 152 (2008); North Country Villas Homeowners Ass'n v. Kokenge, 38 Kan.
App. 2d 254, 260, 163 P.3d 1247 (2007).
35 Ex. 1, opening paragraph. See also, Ex. 3, § 3.1 (a unit owner's acceptance of a deed to
his unit "shall be deemed to have contractually agreed to be bound by all terms and provisions of
both Declarations [the Declaration and Covenants]." See Maryland Estates Homeowners' Ass'n
v. Puckett, 936 S.W. 2d 218 (Mo.App. 1996) (restrictions were a contract to which each
homeowner in subdivision became a party when acquiring property in the subdivision; by
acquiring property, owners agreed to terms of restrictive covenants).
Case 10-13765 Doc# 112 Filed 05/18/12 Page 9 of 20
adjudicating state law claims must apply the forum state's choice of law principles.36 Bankruptcy
courts have also applied their forum state's choice of law principles when considering a debtor's
objection to proof of claim.37 While the Tenth Circuit has not spoken on whether bankruptcy courts
should apply federal or state choice of law rules, I conclude that as the issues in this matter revolve
around state law, Kansas' choice of law rules should determine the applicable state law governing
the HOA's claim.38
Kansas' choice of law rules for contracts generally provide that the interpretation and
36 Dang v. UNUM Life Ins. Co. of America, 175 F.3d 1186, 1190 (10th Cir. 1999), citing
Klaxon Co. v. Stentor Electric Mfg. Co., 313 U.S. 487 (1941).
37 See In re Rottiers, 449 B.R. 133 (Bankr. D. N.M. 2011) (observing that a bankruptcy
court's jurisdiction is not based upon diversity but applying state law of forum, New Mexico's
choice of law rules). Other courts have noted that a bankruptcy court's jurisdiction is not based
upon diversity, but federal bankruptcy law, and therefore apply federal common law choice of
law rules and follow the Restatement (Second) of Conflict of Laws, see In re Miller, 292 B.R.
409, 413 (9th Cir. BAP 2003) (citing In re Vortex Fishing Sys., Inc., 277 F.3d 1057, 1069 (9th Cir.
2002). A third set of courts have held that a bankruptcy court need not apply federal common
law choice of law rules where there is no significant federal bankruptcy policy to enforce, and
may apply the forum state's choice of law rules. See In re Gaston, 243 F.3d 599, 606-07 (2d Cir.
2001) (concluding that breach of contract claim asserted in bankruptcy did not implicate
significant federal policy to justify applying federal choice of law rules); In re Merritt Dredging
Co., 839 F.2d 203, 205-06 (4th Cir. 1988) (applying Klaxon choice of law rules of the forum state
where bankruptcy court is determining the extent of a debtor's property interest which is defined
by state law under Butner).
38 As a practical matter, it may not matter whether Kansas or federal choice of law rules
apply to determine which state's law applies to the HOA's claim as the outcome of those choice
of law rules likely yield the same result. The federal choice of law rules governing contract
matters provides that the state with the most significant relationship to the transaction and the
parties is the state substantive law that should govern the contract. See Restatement (Second) of
Conflicts of Laws, § 188 (1971). On the surface, it is not apparent that the legal principles
governing the interpretation and construction of contracts differ widely between Kansas and
Missouri law.
Case 10-13765 Doc# 112 Filed 05/18/12 Page 10 of 20
construction of a contract is governed by the law of the state where the contract was made.39 A
contract is "made" where the last act necessary for its formation occurs.40 The Timbercreek
residential community is located in Lee's Summit, Missouri. Its developer, Todd George Investors,
was a Missouri general partnership, but executed the Declaration and Covenants in Johnson County,
Kansas in June of 1989. Those documents were then recorded with the Jackson County, Missouri
Recorder in October of 1989. As a matter of Missouri law, the owner of the property to be governed
by a declaration and covenants must record them for them to be valid.41 When the Pratts took title
to the fourplexes, they became contractually obligated to abide by the Declaration and Covenants.
Missouri law applies to this dispute.
The interpretation and legal effect of the Declaration and Covenants should be made
according to the intent and purpose of the instruments after examining the entire document. If the
written instruments are clear, the intent of the parties is determined from the language of the
contract, without applying rules of construction.42 The written instruments are not ambiguous unless
two or more meanings could be construed from their terms. With these rules in mind, we move to
the three elements of the debtors' claim objection.
C. Merits of the Objections
39 Dragon v. Vanguard Industries, Inc., 277 Kan. 776, 89 P.3d 908 (2004) (Kansas
follows the lex loci contractus rule); Restatement (First) of Conflict of Laws, § 332 (1934).
40 Layne Christensen Co. v. Zurich Canada, 30 Kan. App. 2d 128, 38 P.3d 757 (2002).
41 See V.A.M.S. § 448.020. Kansas has a similar statute, K.S.A. 58-3115(a).
42 See Mullin v. Silvercreek Condominium Owner's Ass'n, 195 S.W. 3d 484, 490 (Mo.
App. 2006); Clampit v. Cambridge Phase II Corp., 884 S.W. 2d 340, 345 (Mo. App. 1994);
Wildflower Community Ass'n, Inc. V. Rinderknecht, 25 S.W. 3d 530, 534 (Mo. App. 2000); Hills
v. Greenfield Village Homes Ass'n, Inc., 956 S.W. 2d 344 (Mo. App. 1997).
10-13765 Doc# 112 Filed 05/18/12 Page 11 of 20
1. The HOA is Entitled to Collect Unpaid Dues and Assessments.
The Pratts claim that the HOA did not provide repair and maintenance services of a value
commensurate to the dues it charged. Specifically, they pled that:
Timbercreek has not complied with its obligations to maintain the exterior structures
of the 4-Plexes. Timbercreek is not due the amounts it claims. Timbercreek has not
incurred expenses close to the $66,410 it claims is owed for work done or to be done
on the 4-Plexes.43
They have failed to meet the HOA's presumption of validity in several ways. First, there is no
evidence that would support an assertion that exterior structural maintenance has somehow been
ignored. As noted above, the HOA has the duty to maintain the Structures. Nothing presented by the
debtors remotely suggests that structural maintenance or repairs have been ignored. Similarly, the
allegation that "Timbercreek has not incurred expenses close to the $66,410 it claims" has no record
support. The Pratts offered no evidence of the value of the services provided by the HOA. More
importantly, the regular assessments that the Covenants authorize are affirmative obligations of the
unit owners that are in no way tied to the actual expenses of the HOA.
Finally, the Pratts' assertion that the HOA neglected its duty to maintain the Structures is
disingenuous at best. Three years before the 2011 storm, after giving notice of the unit owners' vote
and approval, the HOA levied a special assessment for roof replacement, painting, and concrete
work, on all unit owners to carry out its duty to maintain, repair or replace the Structures as it was
authorized to do by §§ 4.2(l) and 6.5 of the Covenants. The Pratts refused to pay these assessments.
Their failure to pay can in no way be construed as neglect or breach of duty on the part of the HOA.
Part of the Pratts' objection relates to the garage doors that the HOA did not replace. Neither
43 Dkt. 43, ¶ 5.
Case 10-13765 Doc# 112 Filed 05/18/12 Page 12 of 20
the Declaration nor the Covenants refer to"garage doors," but the Covenants clearly place repair
liability for "doors" on the unit owner under § 4.1(a).44 That section allocates duties of maintenance
and repair between the HOA and individual owners and specifies that the unit owner shall have the
obligation to "repair and maintain that portion of the Structure in which the Unit Owner's Unit is
housed . . . if the same does not involve the structural integrity of the Structure." Among the
enumerated repairs that fall to the unit owner are the "repair and maintenance of screens, doors and
locks." Garage doors are "doors" and are not part of the Structure; they are not "load-bearing"
external portions of the building.45 The Pratts can not claim an offset to the amended proof of claim
for the cost of replacing their garage doors, nor can they rely on this expense in support of their
objection that the HOA has somehow breached its duties to them under the Covenants.
In short, except as to their objections concerning the insurance and the roof reimbursement,
the Pratts did not meet the presumption of validity of the claim as amended. The HOA assessed the
dues and the Pratts simply did not pay them. Indeed, the Pratts stopped paying dues in 2006, long
before any issues surrounding roofs, garage doors, or their other complaints arose. The Pratts, not
the HOA, breached their obligations under the Covenants. This part of their objection should be
The HOA's Discontinuation of the Common Casualty Insurance was not an
Actionable Breach that Justified the Pratts' Breach.
The Pratts met the presumption of validity as to the discontinuation of the common insurance
coverage and the requested roof reimbursement, and shifted the burden of proof on those claims to
44 Ex. 3.
45 Ex. 3, § 1.1(p).
Case 10-13765 Doc# 112 Filed 05/18/12 Page 13 of 20
the HOA. The HOA met its burden of proof concerning the amount and basis of its claim while the
Pratts failed to demonstrate the validity of their defenses or that they were damaged in any way by
the Board's discontinuing the insurance. Accordingly, the amended claim should be allowed as filed.
The Pratts complaint that the HOA breached its obligation to provide casualty insurance has
some validity. Like the Pratts' duty to pay dues, the HOA's duty to provide insurance is an
affirmative covenant that imposes a duty on a party to perform an affirmative act.46 But that duty was
not without conditions, one of which was that the HOA could recover the premiums from the unit
owners. If the HOA's declining to provide the insurance was a breach, so were the Pratts' numerous
previous failures to perform. In no way does this purported breach invalidate the HOA's claim for
unpaid dues and assessments that arose beforehand. The Pratts produced no evidence that the HOA's
claim included any charges or assessments for casualty insurance after it ceased carrying the same.
In fact, the Declaration provides that premiums for this insurance were to be ratably divided among
the units and billed to their owners in addition to the regular monthly dues.47 Then in 2008, when
the unit owners refused to approve the casualty insurance premium, the HOA was precluded by the
Declaration from funding that expense. It opted to drop the casualty insurance, leaving each unit's
owner to place its own insurance at its own expense. The only budgeted "insurance" expense for the
2008 budget and funded by the monthly dues was the common areas public liability insurance.
Section§ 7.1(c) of the Declaration makes the premiums for common areas insurance part of the
Common Expenses that are paid from regular assessments and different in character from the
46 Hills v. Greenfield Village Homes Ass'n, Inc., 956 S.W.2d 344 (Mo. App. 1997)
47 Ex. 1, § 7.2 ("Such bills shall be in addition to, and shall not be a part of Assessments
levied against Unit Owners. . . .).
Case 10-13765 Doc# 112 Filed 05/18/12 Page 14 of 20
premiums for the casualty coverage.
The Pratts failed in their burden to go forward in support of their defenses. They were not
damaged by the lack of common casualty insurance. When the owners did not approve the premium
assessment in 2008, they implicitly undertook to insure the structures themselves on an individual
basis. The HOA gave notice of this change and filed it of record, giving notice to prospective
owners and members of the HOA that they needed to maintain separate casualty insurance on their
individual units.48 The Pratts were already required by their lender to carry their own individual
casualty insurance on their units and had apparently done so before; the lack of common casualty
insurance did not damage them because they already maintained insurance.49 Nor did the unilateral
change in the way the HOA handled the insurance materially change the positions of the parties.
Before 2008, the Pratts and their neighbors were liable for their ratable share of the casualty policy
premiums as denoted in § 7.2. During and after 2008, the Pratts were required to pay their own
premiums. And, whether the HOA paid the insurer or the Pratts did, they were liable for any
shortfall after applying the insurance proceeds to their losses.50 In either case, the Pratts and the other
unit owners were ultimately responsible for damage to their units. If the HOA was in breach, the
48 Ex. E. The notice made clear that the monthly homeowners' dues did not include the
cost of casualty insurance on the structures.
49 Kansas State Bank v. Overseas Motosport, Inc., 222 Kan. 26, 563 P.2d 414 (1977)
(Recovery may not be had where damages or loss are not the proximate result of the breach of
contract); Guidry v. Charter Communications, Inc., 269 S.W. 3d 520 (Mo. App. 2008) (essential
element of breach of contract action requires that plaintiff suffered damages and those damages
must be proximately caused by the breach or reasonably contemplated by the parties); Kforce,
Inc. v. Surrex Solutions Corp., 436 F.3d 981 (8th Cir. 2006) (Under Missouri law, party injured
by breach of contract can recover damages that are the direct and natural consequences of the
breach or were within the contemplation of the contracting parties).
50 See Ex. 1, § 7.2(f).
Case 10-13765 Doc# 112 Filed 05/18/12 Page 15 of 20
Pratts did not show that they were damaged by it.
At trial, for the first time, the Pratts alleged that the HOA had also breached the Declaration
by hiring CAM to manage the Timbercreek Community, claiming that the HOA is prohibited from
entering into a "professional management contract" and that CAM is a professional manager.51 But
as with the casualty insurance breach, the Pratts have not demonstrated that they have been damaged
by this alleged breach or to what extent, even if the Court were to conclude that retention of CAM's
administrative services violated § 10.5. The Pratts were already past due on their assessments by
the time CAM entered the picture in 2009. Nor did the Pratts make any showing of the amount of
their monthly dues that were attributable to CAM management fees. And, as Ms. Doris testified,
CAM provides various services to the HOA, but is not its sole managing agent. This "defense"
should be disregarded.
The Pratts' argument about the sufficiency of their roof reimbursement is similarly without
weight. They contend that they are entitled to an offset against the HOA's claim for the cost they
incurred in replacing their roofs and guttering after the 2011 hail storm. By amending its claim, the
HOA has already credited the Pratts $21,000, essentially giving them credit for having paid the
special roof assessment ($2,625 x 8 units) that was levied in 2008, leaving a balance due of
The Pratts argue that they are owed another $20,000 because the roofs cost more than
$40,000 to replace using composition shingles instead of the original wood shakes. To allow this
credit would be to allow the Pratts far more than they were entitled to under the Declaration and
51 See Ex. 1, § 10.5.
52 Ex. 5.
Case 10-13765 Doc# 112 Filed 05/18/12 Page 16 of 20
Covenants. As § 7.2(f) of the Declaration provides, if the HOA-provided casualty insurance was not
sufficient to pay the entire cost of remedying a loss, "the deficiency shall be paid by the Unit
Owner." Whether the HOA or the Pratts insured the roofs, the Pratts were responsible for any
replacement cost that exceeded the insurance proceeds or the special assessment.53 Under the express
terms of the Declaration, the Pratts remain liable for any costs in excess of their insurance coverage
and the roof assessment for which they have already received credit.
In short, the Pratts still owe the HOA many years of unpaid monthly homeowner's dues and
special assessments because they haven't paid them since 2006 while continuing to receive the
management services the HOA provides. They did not sustain their burden to prove these defenses
and offsets to those claims and, accordingly, the HOA's amended proof of claim should be allowed
in the amount of $45,410.54.54
Timbercreek Retains a Lien in the Sale Proceeds of 100-106 Greystone in the
Amount of $22,764.06 plus Attorneys Fees.
When the debtors completed the § 363(f) sale of 100-106 Greystone free and clear of liens,
the lien of the unpaid homeowners' assessments attached to its proceeds in the hands of the debtor.55
Under the order approving that sale, the Trustee was to hold the net proceeds after payment of sale
costs, ad valorem taxes and the real estate mortgage pending further court order. Unpaid dues are
53 Ex. 1, § 7.2(f) makes the unit owner responsible for a deficiency in the case of an
insured loss.
54 I note that this amount is equal to more than 50% of the community's budgeted
revenue for 2008. See Ex. I. This is a significant financial burden on a small town home
55 See §§ 363(f) and 1303 (trustee's powers under § 363(f) delegated to chapter 13
Case 10-13765 Doc# 112 Filed 05/18/12 Page 17 of 20
liens on the units to which they apply, but not upon any other units.56 Thus the HOA's lien on the
proceeds of 100-106 Greystone is limited to the amount of unpaid dues, fees, expenses, and interest
that is attributable to those four units, or $33,264.06.57 This amount should be reduced by the roof
credit of $2,625 per unit, or $10,500, for a remaining lien of $22,764.06 plus any attorneys fees or
other collection expenses that the HOA incurred after the petition date. The balance of the proceeds
of 100-106 Greystone remaining after payment of that part of the claim should be retained by the
Trustee and distributed as contemplated by the plan.
D. HOA's § 506(b) Claim for Attorneys Fees and Expenses
By separate pleading, the HOA seeks to be reimbursed its attorney's fees and expenses
incurred in enforcing its claim and defending this objection. It seeks $5,940 in attorney's fees and
expenses for the period running from the date of the bankruptcy petition through the post-trial
preparation of its brief, plus $250 for preparation of the application itself, for a total of $6,190.58
Section 506(b) authorizes an oversecured creditor to recover any interest or reasonable fees
and charges that the creditor incurs in pursuing the claim to the extent they are authorized either by
the underlying agreement or state law. The Covenants authorize the recovery of attorney's fees and
expenses. Section 6.10 is titled "Lien for Assessments."59 Subsection (a) provides that unpaid
assessments, "including penalties, interest which may be imposed by the Board or the Association
[sic] costs and reasonable attorneys' fees, shall constitute a lien" upon the unit owner's unit.
56 Ex. 3, Covenants, § 6.10 (All Assessments imposed but unpaid by a Unit Owner . . .
including attorneys fees . . . shall constitute a lien on such unit . . . .).
57 See Claim no. 1-2, part 2.
58 Dkt 91.
59 Ex. 3.
Case 10-13765 Doc# 112 Filed 05/18/12 Page 18 of 20
Subsection (c) provides for enforcement of the assessment lien by foreclosure of the lien in which
case "the Unit Owner shall be required to pay all of the costs and expenses of such foreclosure
proceeding, the costs and expenses for filing the notice or claim of lien, and all reasonable attorney's
fees and expenses incurred by the Association." Subsection (d) provides that, "in addition to the
above [remedies]," the HOA may seek a money judgment for unpaid assessments against the unit
owner without foreclosing the assessment lien. Because this relief is cumulative to the collection and
foreclosure remedies referenced in subsections (a) and (c), I conclude that attorneys' fees are an
element of the recovery in such a suit.
In addition, the § 363(f) sale of the units free and clear of liens is akin to a foreclosure; the
lien is transferred from the real estate and attaches instead to its proceeds in the hands of the debtor
under § 1303. Subsection (c)'s provision for attorneys fees incurred in a foreclosure applies here as
Having independently reviewed the itemization of fees and expenses, I find them to be
reasonable both as to time expended and the amounts charged. However, the HOA's recapitulation
of legal services reflects that the first statement dated January 10, 2011 is in the amount of $336.50
but the statement attached in Exhibit A is in the amount of $254.00, reflecting a deduction for a
previous balance of $82.50. Accordingly, the HOA's application for attorney's fees and expenses
in the amount of $6,107.50 ($6,190.00 - $82.50) is approved. There is no record of a formal offer
of judgment and the HOA has been allowed its amended claim as filed. Therefore, there is no legal
basis upon which to reduce these reasonable fees. The HOA may seek reimbursement of one-half
of the fees from the net sale proceeds of 100-106 Greystone in addition to the unpaid dues and
assessments on those four units. The remaining balance of the HOA's attorneys fee award will be
Case 10-13765 Doc# 112 Filed 05/18/12 Page 19 of 20
added to the HOA's remaining allowed claim that is secured by its lien on the unsold four units at
108-114 Greystone.
Conclusion and Order
The Pratts' objections to Timbercreek Community Homeowner Association's claim no. 1-3
are OVERRULED and thes claim is ALLOWED in the amount of $ 45,410.54.60 In addition, the
HOA's motion for attorneys fees and expenses is ALLOWED in the amount of $6,107.50, the same
to be allocated equally between the two four-plexes as set forth above. That portion of the HOA's
claim attributable to 100-106 Greystone, including attorneys fees and expenses, $25,817.81 shall
be paid by the Trustee with the net proceeds of sale. The remaining proceeds, $22,115.19, shall be
retained by the Trustee and distributed in accordance with the Pratts' plan. The remaining balance
of the HOA's allowed claim for unpaid dues and assessments, including attorneys fees and expenses
and equaling $25,700.23, plus any future unpaid assessments, attorneys fees, or expenses relative
to 108-114 Greystone shall be secured by the lien of the assessment on those units.
# # #
60 The supporting statements attached to the HOA's proof of claim reflect that the total
claim should be allocated $33,264.06 to the 100-106 Greystone four-plex and $33,146.48 to the
108-114 Greystone four-plex. Each of those amounts must be reduced by $10,500 for the roof
assessment credit to arrive at the total amended and allowed claim of $45,410.54.
Case 10-13765 Doc# 112 Filed 05/18/12 Page 20 of 20
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text:
For example at the end of the mission Citadel: Volus Ambassador, if you choose the renegade option, you will gain the Volus Bombing Fleet with a war assets value of 75 and lose 10 points in Turian Sixth Flee but if you choose the paragon one of saving the colony, you will gain nothing.
What are the renegade conversation options that yield more war assets value than the paragon counterpart?
During the Grissom Academy mission choosing to use the students as Artillery instead of Support gives you 75 instead of 50 TMS, for a gain of 25.
After the Quarian/Geth war, if the Quarians are still alive, Tali and Xen argue about whether to prioritize ships for rescuing survivors or salvaging Reaper tech. The latter grants you Advanced AI Relays for 45 TMS, and seems like a "Renegade" option.
Just about everything else I can think of can be resolved with charm/intimidate or is better off with the paragon choice.

subset: commoncrawl


text:
Is there a liability to using the path for pedestrians and bikers while training on a racing bike - in Florida? Can I use the path, too?
Sign up
- Anybody can ask a question
- Anybody can answer
- The best answers are voted up and rise to the top
I would suggest not training or riding on the bike path at higher speeds. If it's allowable in your locality. Get back on the road with the cars! I believe it is safer, although data doesn't exist to support that claim (bike path crashes generally aren't reported).
I've had 2 higher speed (25+mph) collisions with pedestrians (Dc Area), both caused by pedestrians suddenly veering across my path and I was unable to avoid. 1 was a small child who disobeyed her parents and ran across the path.
The second was a runner w/ ipod and didn't hear my audibles and changed direction at a point on the path where you wouldn't expect (he was turning around and heading back). This was actually quite common and I had numerous near-crashes with runners who couldn't hear anything over their music.
This was the reason I stopped using the bike paths for training/commuting when I realized it wasn't safe for anyone (either cyclist or pedestrian) if the cyclists are travelling that fast.
Training on a bike path?
Not sure about Florida, but, training on a bike path can be great....
All you need to do is to determine the bike path usage. I've found several paved pedestrian/bike paths mainly used on weekends. And, during the weekdays, the path is mine.
I also note that the paths I use are generally empty once the weather is cold.
Florida? Who knows about your bike paths? I'd bet that this time of year, your bike paths are getting crowded?
And it's not complicated... you don't train on a bike path full of other users. ...you are more than welcome to train on an empty path... Use your judgement.
This will differ by locality, but in general the rule is that cyclists yield to pedestrians. This means that if you are involved in a collision with a pedestrian there will be a presumption that you were in some way at fault or negligent and will likely have to prove instead that the pedestrian was at fault before any claim for liability can be made.


text:
Blog Archives
Giants beat Redskins – everyone is shocked that Washington's team is still called the Redskins
Sunday's contest against the Giants and the Redskins (Seriously, guys – you're still the Redskins? Why not be the "Cottin' Pickin' Good Fer Nuttin' —" well, you see where I'm going with this. And if you don't get it, let me speak plainly: your team nickname is racist. Very Racist.) was sloppy, but given how few games the NFL plays, every win is important, and all that matters is you win. The Giants didn't look especially good doing it, but they got it done.
Mr. Robert Griffen III sure can play. I know that's not news, but jeez, that dude has some moves, some legs and a serious arm. I do think he's a catastrophic knee injury waiting to happen (based on the way he pivots and scrambles), but wow. He's an amazing player, and yesterday, it often looked like he had to deal with the ineptitude that Eli Manning usually has to do deal with – although this weekend, Manning contributed a bit of that bad play himself. Anyway, much props to RG3 (as the kids say… right? kids still say that?), but in the end, Eli decided that he preferred to win the game rather than loose it and KABOOM – touchdown! Just like that. Victor Cruz and Eli Manning make it look so easy, don't they? And that's how it goes – if you let Eli Manning have the ball with time left late in the game and it's a one score game, you are screwed. Very, very screwed.
It's good to be a Giants fan.


text:
Northwest winds add to area's wings
|A Northern Parula. Credit: contributed
Hawks were on the wing around the state, with major flights logged at both Lighthouse Point in New Haven and Quaker Ridge in Greenwich.
I was doing hawk-watch duty at Lighthouse on Monday, when we logged more than 800 diurnal raptors, including 14 bald eagles. Sharp-shinned hawks, as expected, were the most numerous species at this coastal site, but the strong winds pushed a couple of hundred broad-winged hawks off their preferred inland route.
The next day was even better for broad-wingeds at Lighthouse with well over 1,000 recorded.
Other birds were also on the move. At Lighthouse we recorded more than 300 each of chimney swifts and cedar waxwings, and about 900 bobolinks.
A couple of common nighthawks, an American golden-plover and a solitary sandpiper were welcome additions to the mix.
On Tuesday I checked out a number of places in rural Watertown and Woodbury, encountering nice feeding groups of migrants at several locations.
The best bird was a Philadelphia vireo, always a scarce migrant, and it appeared in an interesting mix of more common vireos and warblers. The dominant warbler species on Tuesday, and again Wednesday morning at Hop Brook Lake in Naugatuck, was the northern parula.
There were also multiple black-throated green, chestnut-sided and black-and-white warblers, along with a sprinkling of several other species.
There also a lot of sparrows around, predominantly chipping and song sparrows. The first Lincoln's sparrows have begun to appear, as well as a few white-throated sparrows. The numbers and variety of this group will really hit their stride in October.
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- Annual migratory bird conservation stamp artistic competition begins
- Chickadee find turns out to be dee-lightful
- Golf and the definition of insanity
- Hop to Granby for a farm tour
- Thoughts of wind, waves and whales
- Avocet trip turns up much, much more
- A sweet time of year
- Cat walks may not be a stretch
- Northwest winds add to area's wings
- Ceramic cooking contraption snares cult following


text:
We have a windows 2008 domain. We used to have roaming profiles which were pointing to "\nas\homes\\Profile.V2". Now we want to switch to local profile + redirected folders (Desktop and My Documents).
That's what we've done:
- go in A.D. and emptied "Profile path" and "Home folder" attribute.
- go phisically to the user computer, then go Computer > User profiles > changed from "Roaming" to "Local"
- applied desktop & My documents redirection policy.
Now, the desktop & My documents folders have been redirected correctly. The problem is the profile. For instance, the AppData folder is still the one used with the roaming profiles, so if I delete it, the user profile on the client computer become unusable.
How can I tell to the clients that they need to keep the profile on the local computer?
I hope I've explained the problem in a clearly way.
Thanks in advance.
I didn't mention that there was a policy which redirected the AppData onto a shared folders, but now it's disabled (checked through gpresult on the client). Unfortunately the AppData folder still points there.


text:
When was Naughts and Crosses first released in its current form?
I see there were Egyptian and the Roman versions, but these are very different games.
When was Naughts and Crosses first released in its current form?
I see there were Egyptian and the Roman versions, but these are very different games.
Having spent a little while looking into this, the only clear thing is that there is no firm evidence for any distant historical first date for Tic Tac Toe. Although many people claim the Romans played this game, in the form of Terni Lapilli, and point to the large number of historical boards that exist, scratched into walls, this seems unlikely, not least because Tic Tac Toe isn't a very interesting game:
Three Men's Morris, on the other hand, which uses an identical board, is much more challenging, and has a board from Egypt dated to 1400 BCE.
One suggestion is that the etymology of "Tic-Tac-Toe" is based on "Tit-Tat-Toe" (as in tit-for-tat retaliation), apparently from the 16th Century, but this is completely unsubstantiated.
Wikipedia's information, dated definitively to 1864 and widely re-gurgitated across the internet, is based on the OED, which quotes a Boston periodical, The Living Age:
You can read the full reference for yourself online: The Living Age, 22 October 1864, p.182.
It is known is that there are many historical examples of so-called "games of alignment", from all around the world:
It seems very likely that the game existed in the distant past, but being a less than engrossing pastime for anyone other than young children, distant historical references are lacking.
Key references for further research:
Noughts and Crosses/Tic Tac Toe belong to a family of games, (and in my opinion Noughts and Crosses is the runt of the litter.)
Achi, (from Ghana) and Tapatan, (from the Philippines) show that such games are well distributed across the world. If we search for the oldest abstract board games we usually run into one of the Mancala family of games, (Bao, Kalah...) which are clearly very old. This family includes Oware, (again from Ghana) which resembles Achi, and I would not be surprised if Achi is a simplification of Oware, (a child's version or someone partly remembering the rules). Staying in Africa but returning to the original question we find Three Men's Morris in North Africa 1400 BCE AND carved into English cathedrals. This leads us to the game of Nine Holes which is another alteration of the rules of TMM. (There are records of people being punished for carving Nine Holes boards into Cathedral - and I believe it was suppressed or banned in some parts of England.)
Over and over we see simplification and efficiency until we find Noughts and Crosses emerging as a rather childish descendant. Despite claims that, "The Romans played tic-tac-toe" I would suggest that this is false: They were limited to three playing pieces each which is clearly not the case with "modern Naughts and Crosses", (thank you, alan2here, for a well worded question), which seems to have emerged in the middle of the 19th Century, but as it was not patented and no one seems to have taken credit it probably evolved naturally from Nine holes in many locations at similar times, (hence the other name for it in North America.)
Wikipedia mentions the following under http://en.wikipedia.org/wiki/Tic-tac-toe
'The first print reference to "noughts and crosses", the British name, appeared in 1864. The first print reference to a game called "tick-tack-toe" occurred in 1884, but referred to "a children's game played on a slate, consisting in trying with the eyes shut to bring the pencil down on one of the numbers of a set, the number hit being scored".'
And since this game is mostly played by children, I would assume that this would be the first reference to the current form.
The game evolved from Three Men's Morris where each player had to keep 3 pieces each alternately on any of the 9 boxes and move the pieces around to form a straight line. To simplify it to children, the latter part of the game was replaced by continuing to keep more pieces and fill all 9 boxes.


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Lillypilly Tab Shell Round Pendant 15mm - Egyptian Eye
This 15mm tab shell round pendant features a detailed laser-engraved Egyptian eye. This symbol, which is also known as The Eye of Horus, is a symbol thought by the ancient Egyptians to bring protection. Use this translucent brown shell pendant to add a unique look to your jewelry designs. Because this pendant is made from natural shell, the coloring and thickness will vary from piece to piece. Be sure to browse our other styles and sizes of
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What is the theoretical/mathematical basis for the valuation of [C]MBS and other structured finance products? Is the methodology mostly consistent across different products?
I can't speak for all structured products but valuing a MBS is straight-forward, but not easy. It's straight-forward because you just need to calculate the net present value of the discounted cash flows. That said, accurately determining those cash flows is hard.
The most difficult cash flows to determine--prepayments and defaults/severity--also have the largest impact on MBS value. Prepayments are highly dependent on interest rates, so an OAS (option-adjusted spread) approach is superior to a static assumption.
The valuation is fairly consistent across different MBS, especially for MBS from the GSEs. A private MBS would likely be more complicated because they don't have the pooling restrictions of the GSEs. CMOs are even more complicated to value because of the tranche structure.
The framework for valuing structured finance products in general is based on the nature of the cashflows in the product.
Mortgage backed securities are valued by calculating the net present value (NPV) of cash flows they are expected to generate. These cash flows are predicted using a model that incorporates all the contractual characteristics of the security and the underlying loans, as well as assumptions on things like prepayment speed, default speed, loss severity, and forward interest rates. Discount rates are generally determined by adding a spread to the yields on the pricing yield curve. This spread is an observed or assumed market option adjusted spread (OAS) in the case of securities with embedded options or Z-spread in the case of option free bonds.


text:
- I'd like to introduce you to this technology.
- I'd like to introduce this tech to you.
Which one is right and what are appropriate uses?
Which one is right and what are appropriate uses?
I think the conventional phrasing is, "I'd like to introduce you to this new technology." You can debate the significance of saying it either way, but I think that's how most people say it.
From etymonline's entry for introduction...
Obviously there are lots of other usages - you can introduce another variable into [an equation], or introduce a bill [to Parliament/to ban unicorn hunting/etc.], for example.
But I would find both "Let me introduce you to [thing]" and "Let me introduce [thing] to you" equally incorrect/insulting in most contexts. All such usages are based on the definition above, which implies two people meeting and acknowledging each other.
Standard etiquette is you introduce the lower-status person to the one with higher status, but using this form with inanimate objects is usually facetious, mock-ceremonial, or outright sarcastic/rude.
There are obviously differences of opinion here, and I may in the minority in seeing an element of disrespect when someone offers to introduce me to [something] (or indeed, the other way around).
But as to the matter of low/high status, I would just note that Google Books claims over 31,000 hits for "introduced him to the king", but not a single instance of "introduced the king to him".
As to OP's specific question, note that GB claims 4520 hits for "introduced him to the concept", but only 5 for "introduced the concept to him". Whether or not you perceive any "slight" in this usage, the person is invariably introduced to the abstract concept, not the other way around.
You would normally say "I'd like to introduce this technology to you".
Reversing an introduction could possibly give offense, or create confusion, but many people would never notice the difference. In any case, it would not be in any way ungrammatical.
The meaning of introduce is to "[b]ring a subject to the attention of (someone) for the first time". (Google Dictionary) This is consistent with the history of the word: introduce was borrowed from a Latin verb with the sense of "to lead (or bring) in", so literally to bring a subject to someone. (Online Etymology Dictionary)
Because you are bringing the technology to a person's attention, then, the conventional direction of the introduction is "to you".
The word has also long been used to mean a formal presentation of one person to another; again, the common meaning is "to lead (or bring) in", and in the case of a formal presentation this may literally mean to bring a person to someone. It has correctly been pointed out in other answers and comments that the social custom is that a subordinate will be introduced to (led to) a superior, not the other way around. In a situation of equality, one social formula is "introduce you to one another".
There might be some politically correct answer, but I'd say that you should introduce the one you know less well to the one you know better. Either one is fine is with me, and I won't be offended (i.e., I won't choose to take offense) no matter which way the introduction goes. But this is a question for Miss Manners, not for ELU.
According to the Longman English Dictionary Online, both are fine:


text:
We have a circle and two families of $n$ red arcs and $n$ blue arcs, positioned on the circle so that every two arcs of different colors intersect. Can one show that there is a point in the perimeter which is part of at least $n$ arcs?
(The statement sounds very simple. It makes me think the answer should be very simple too, but I've been struggling with this one for a bit and got nowhere.)
After reading Suresh's answer below, I can't help but think that there must be some colorful Helly theorem on manifolds, of which the question above is a special case. At the moment I don't even have a meaningful formulation of what this theorem could be, has it been treated before?


text:
LIS summer update for 2015 — and welcome, class of 2019!
Welcome Back to Campus! Here's what's new in Library and Information Services (LIS): new services and resources for you.
New students: To help you quickly settle in and find your way around campus, here are 6 quick tips for getting started with the library and technology at Wheaton.
Vision Statement
Library and Information Services (LIS), as a recognized partner in the use and provision of information resources and technology for learning and teaching, will foster — with clarity, agility, and efficiency — a community of self-sufficient, life-long learners.
We will create environments conducive to intellectual vitality, exploration, and discovery.
We will mindfully set direction through continuous cooperative planning and prioritization for information services at Wheaton College.
Mission Statement
Our services, resources, and technologies support the mission, curriculum, and business operations of Wheaton College. Entrusted with the stewardship of significant College resources, we shepherd our community through the ever-changing world of information and technology.
Organizational Information
Staff listing -- A listing of staff within Library and Information Services.


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I created a shapefile, calculated geometry then went to grab the stats, the statistics was ghosted, not allowing me to grab those numbers. I am using 10.1 ArcView.
I deleted the field and created a new field in ArcCatalog but no luck, same results. Not sure why that is happening.
Some help, please.


text:
Charlotte, N.C. – Charlotte 49ers men's basketball senior guard Ben Cherry was named to the Conference USA All-Academic team for the second straight season. Cherry was named to the All-Academic team as an undergraduate student at Tulane last year.
"We are extremely excited for Ben," Charlotte coach Alan Major said. "It has been a thrill to have him on our team this year. He exemplifies what it means to be an athlete on the court and an outstanding student off the court."
Cherry, who transferred to Charlotte last May, ranks among Conference USA leaders in three-point field goal percentage. This season, he has recorded five double-figure scoring games including a career-high 20 points in the 49ers win over USC Upstate. He has had 13 games where he has connected on at least two three-point field goals. He connected on a season-high six three-point field goals in Charlotte's wins over Northeastern and USC Upstate. He also knocked down five threes in the 49ers win over FIU. Cherry has played in all 28 of Charlotte's games with 25 starts.
Cherry, who graduated from Tulane with a degree in Business Marketing last May, is currently working on a Master's degree in Real Estate Finance and Development.
Cherry and the rest of the 49ers men's basketball team concludes the regular-season on the road at Marshall, Thursday, March 6 at 7 pm.


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If I have a coat that is slit up the side rov of the way up so that it is chayav in tzitzit, if I sew on some buttons (snap? regular?) to keep it closed below rov, is it no longer chayav in tzitzit, or do I need to properly sew it closed? Sources always appreciated.
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A case of sewing the corners does not exempt you from tzitzis because we assume 'if he didn't want the corner, he should have cut it and thrown it away'. Rather, he is planning on undoing them at some point and the corners are still considered a significant part of the garment. (SA OC 10:3 and MB)
We see (at least) 2 halachos:
Based on the above, it would seem that snap would not exempt. Sewing would, since there is no logic of 'if he didn't want the corner...' (Also, note the Biur Halacha there who says that you don't apply the above "if he..." if that is the normal manufacturing method.
I think it would still require tzitzit if you snap, button, or tie it.
I was making tzizit with my local-Rabbi, and I decided I wanted to cut the sides of an undershirt and attach tzizit to it, then button the sides together so that my tzizit wouldn't get bunched and out of place. My Rabbi said it would be kosher, but I should make sure the sides are open when I put them on, say the brucha, and then button the sides.
I also remember seeing (I think in the Jewish Encyclopedia) a drawing of a Shepherd's Coat, similar to this, but without the shoulder pieces, which required tzizit, even though it had buttons up the front.


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I've got a recipe that asks for meringue powder and I have no idea what it is. So my question is what is meringue powder and what purpose does it serve in recipes?
Meringue powder is a pasteurized egg product - "dried egg whites with stabilizers and anti-clumping agents such as cornstarch".
It is used to stiffen recipes and I think there are two main reasons for using it (as opposed to egg whites):
1) Reduced risk of salmonella
2) Less time/labour/effort used - you don't have to beat the egg whites for a long time to stiffen them
I would guess as well that it would have more consistent results. When making meringues with egg whites you have to be careful not to get any yolk or other fat into the mixture or it won't stiffen properly. There is no real risk of this with meringue powder.


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In many Whodunit mystery stories, there's a scene when the detective (e.g., Hercule Poirot) discovers (or overhears) the final clue (or a phrase another characters says) that makes this detective realize who did the crime. This is of course before the "Reveal". Does this event have a name?
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What is the name of the moment when the detective solves the mystery or realizes who the murderer is?
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This question came from our site for authors, editors, reviewers, professional writers, and aspiring writers.
Some excerpts from Wikipedia:
From Dictionary.com:
i.e, an epiphany has two modes of operation —
Anagorisis is the term used by Aristotle (and many subsequent critics) for the moment when the protagonist achieves "discovery" or "recognition" or "realization".
Aristotle regards anagnorisis as most effective when it leads directly to the peripeteia or "turning point" of a drama, which occasioned considerable debate among old-fashioned theorists of the well-made play about how to handle Shakespeare's typical pyramidal structure, which turns on a pivot somewhere around the end of the third act.
In the murder mystery, likewise, the detective's anagnorisis may be distinguished from everybody else's anagnorisis, which coincides with the climactic peripeteia—what you call the reveal. Much of the author's art lies in disguising this earlier recognition, burying it in a barrel of red herrings.
The "aha!" moment? The "Eureka!" moment? The "Dr. House does that thing where he stops mid-conversation and runs out of the room" moment?


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After enduring the sting of a tough loss to Beatrice on Thursday, the Nebraska City American Legion Seniors baseball team bounced back and swept decisions against Falls City and Auburn to win the Calvert Sheridan Days Tournament on Saturday and Sunday at Auburn.
Both decisions were close ones as the Seniors beat Falls City 4-3 and took down the host team, 5-2.
Those results raised Nebraska City's season mark to 3-1.
NC 4, Falls City 3
Trever Kreifel hit a towing three-run walk off homer to left field in the seventh inning to push the Seniors past Falls City in opening round action at Auburn on Saturday.
Nebraska City's only other score of the game came in the bottom of the fifth inning.
Tanner Faris reached base on a triple and scored on an RBI sacrifice by Kreifel. Kreifel also had one other hit. Faris had three hits on the game while Rob Beasterfield and Gabe Sammons had one each.
Faris and Kreifel also combined to pitch the win. Faris started on the mound, worked four frames, struck out seven, walked two and allowed two earned runs on six hits.
Kreifel worked three innings of shut out ball and struck out two.
NC 5, Auburn 2
Gabe Sammons pitched 11 strikeouts, walked just four and allowed two unearned runs on two hits in the Seniors championship game win over tourney host Auburn on Sunday.
Trever Kreifel struck out three in 1.1 innings of releif and was credited with the save.
Nebraska City struck for three runs in the fifth inning and ended up with five runs on nine hits.
Kreifel had three hits including a triple, two RBI and a run scored and Tanner Faris had three hits, an RBI and two runs scored. Jake Pierce had a double while Bladen Bales and Josh Peterson had one hit.
Beatrice 4, NC 3
A two-out RBI hit by Beatrice in the top of the sixth inning provided a slim margin of victory for the visiting team on May 24.
Nebraska City scored three runs, all of that coming in the first inning, and ended up with five hits on the game.
Tanner Faris had two hits, one of them being a double. Other hits were by Bladen Bales, Trever Kreifel and Brett Sasse.
Trevor Rinne pitched 10 strikeouts in five frames and allowed just two earned runs on eight hits.
Sasse struck out six in two innings or releif
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April 5, 2012
The Award Recognizes Independent Filmmakers of Exceptional Talent
Award Presented at the 8th NYU Orphan Film Symposium, April 11-14 at the Museum of the Moving Image
As part of the 8th Orphan Film Symposium taking place April 11-14, New York University's Department of Cinema Studies and the Moving Image Archiving & Preservation program jointly with the University of South Carolina and the Nickelodeon Theatre of Columbia will present the 2012 Helen Hill Award to independent filmmakers Jo Dery and Jeanne Liotta.
The Award honors the legacy of artist Helen Hill and her accomplishments as a filmmaker, educator, and animator. It supports independent filmmakers of exceptional talent in film, especially within animation, who celebrate and embody Hill's creative spirit, passion, and activism.
The 2012 Helen Hill Award recipients will screen their work for the 8th Orphan Film Symposium audience, comprising artists, scholars, archivists, curators, collectors, distributors, and others within the film world.
Jo Dery engages with a variety of media, in both experimental and narrative modes: animated film and video, drawing, illustration, installation, and artist books. She holds a BFA in Film/Animation/Video from the Rhode Island School of Design and an MFA from Goddard College. As of 2011, she teaches animation at DePaul University's School of Cinema and Interactive Media. Jurors for the award found Dery's 16mm film Echoes of Bats and Men (2005) and her "paper puppet and computer animation" Woodpecker in Snowshoes (2008) of particular distinction. Her work is viewable online at JoDery.com.
Jeanne Liotta's work of over 30 films ranges from Super 8 films, 16mm films, and digital video. Her first film, Blue Moon, is currently being preserved by Bill Brand of BB Optics and NYU graduate students in the Moving Image Archiving and Preservation program. Liotta has been on the faculty at the University of Colorado Boulder since 2008. Film Comment named Liotta's acclaimed Observando del Cielo (2007) one of the ten best experimental films of the decade. Her own work can be viewed at JeanneLiotta.net.
This year's Orphan Film Symposium will be held April 11-14, 2012 at the Museum of the Moving Image, Astoria, NY. For detailed information, visit www.nyu.edu/orphanfilm.
This Press Release is in the following Topics:
Tisch School of the Arts
Type: Press Release
Press Contact: Richard Pierce | (212) 998-6796


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Inspired by this question on the Doppler shift, suppose there is buoy somewhere on the surface of the ocean emitting a pure frequency.
You get to place some boats wherever you want on the surface of the ocean, moving whatever direction you want with whatever speed you want.
The boats listen to the pure frequency, which will in general be Doppler shifted due to the relative motion between buoy and boat. If you do not know ahead of time the frequency the buoy is emitting, is it possible to deduce the buoy's location simply by observing the frequency measured by the boats? What is the minimum number of boats necessary, how should they be positioned, and what velocities should they have?
This is a toy problem with the mathematics of the Doppler effect, so let's leave out attenuation of sound over distance and assume the surface of the ocean is a plane. Also, if the boats could continuously monitor the Doppler shift, they could collect extra information based on their own changes in position and velocity, so imagine locating the buoy based solely on a single frequency measurement from each boat.


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Four Movie Presidents Who Would Never Get Reelected
#2. Tommy "Tiny" Lister as United Federation President Lindberg (The Fifth Element)
Lister showing off his acting range by demonstrating the hard-to-pull-off facial expression denoting "I am about to poop myself."
How He Fucked Up
When a noted expert who you yourself called in to advise you in a troubling situation tells you maybe, just maybe, it's not such a good idea to provoke the massive, ancient blob of universe-devouring evil, you might want to listen. Just sayin'.
"Mr. President, we have common sense on the line, any interest in listening?"
Why He'd Never Get Re-Elected
To his credit, Lister does a great job of portraying the way a cross-eyed former wrestler elected to public office might handle a difficult situation. When confronted with the strange phenomenon of a big ol' confusing thing that seems to be made of spreading darkness, President Lindberg calls in High Priest Vito Cornelius (Ian Holm) for a consult, hobbits being respected authorities on big balls of inky nothingness.
Cornelius tells Lindberg that the blackness is seriously bad juju and that the very last thing Lindberg should do is fuck with it. Lindberg thanks Cornelius for his frankness, and with his next breath gives the order to fuck with the blackness like it was going out of style.
Okay, so we totally get the concept of fearing what we don't understand. We get it, we really do. Strange things are scary, and we just want them go to away. Kind of like Alexis Arquette. However, at some point you have to stop and consider whether or not lashing out due to fear is a wise course of action, especially when what you're afraid of is the physical incarnation of the concept of evil (whoa, that's deep.) We're thinking that in that case, maybe it's not such a good idea to shoot first and ask questions later.
After screwing the pooch by ignoring the priest (who we'd like to remind you was present both as an advisor and as a freakin' expert on the phenomenon,) and launching an ill-fated attack on evil, the president does the only thing he can think of: he enlists a cab driver to save the universe. Because nothing makes us feel safer than knowing our lives are in the hands of someone like Judd Hirsch.
Okay, so it could have been worse.
What He Should Have Done Instead
What the hell is the point of having advisors if you're just going to ignore them and do what you want anyway? What's the point of having experts around to tell you what you should and shouldn't do, and how royally screwed you'd be if you don't listen to their counsel, if you're not planning on doing the actual listening?
While we fully understand how a president might feel safe putting his life in the hands of Bruce Willis, we find it shocking to believe that there was no one, let alone an entire tactical team with big futuristic weapons, who could be trusted to protect Milla Jovovich and her ridiculously annoying alien language.
Oh yeah, this has gotta work.
And another thing: if your only hope of saving the universe is a scantily clad and underfed alien, you may want to concoct a better plan than putting her on what amounts to a glorified Carnival Cruise with your heroic cabbie. What is this, Scooby-Doo?
#1. Bill Pullman as President Thomas Whitmore(Independence Day)
Along with hoping that our leaders will tell us that everything is okay in the face of a crisis, we also hope that they'll be reasonable and use logic and, maybe, oh, "foresight." We hope that whatever their decision, they don't rush into it, and they've fully thought through all of the potential consequences. Especially when they're thinking about whether or not they want to detonate a nuke on American soil.
Why He'd Never Get Re-Elected
Aliens sure can be a nuisance, and if Independence Day taught us anything, they have a knack for trying to ruin beloved American holidays. When they're not preventing us from getting drunk at a barbeque, they're trying to take over our planet and destroy us all. On the bright side, at least there weren't any anal probes.
With the majority of the world's major cities completely destroyed within 36 hours, President Thomas Whitmore did the only thing he can think of: he nuked the shit out of Houston, presumably because he figured the quicker our cities were annihilated, the sooner the aliens would leave.
While the aliens were eventually defeated thanks to the quick thinking of DJ Jazzy Jeff Goldblum and the fists of fury of the Fresh Prince, we find it hard to believe the American public would forgive Whitmore for launching a nuclear attack on one of his own cities. And even if the voters were able to look past the initial destruction caused by Whitmore, we have a tough time believing they would have been able to ignore the years of fallout and the ensuing slew of mutants soon to be roaming around Houston. You know, like Yao Ming.
Aliens just don't understand.
What He Should Have Done Instead
For one thing, he could have waited more than a day to choose the most extreme solution possible. While the aliens posed one hell of a threat to our continued existence, Whitmore chose to act brashly and basically do their job for them, thus expediting their goal of conquering Earth. In an effort to cover his ass with a heroic act, Whitmore chose to hop in a fighter jet and fight the aliens himself, wasting his missiles and ultimately using a drunk crop duster pilot to take down one of the alien ships.
It's also hard to ignore that within hours of his rash decision making that resulted in the destruction of a major American city a brilliant plan was hatched that would ultimately defeat the space invaders. Granted, it was a plan that hinged on whether the aliens had updated their Norton Anti-Virus software, but that doesn't change the fact that waiting more than a couple hours before blowing the shit out of Houston might have been a smart move.
Malcolm Says: "Norton Anti-Virus actually gave a computer I had a few years ago some hideous form of computer super-AIDS. The aliens might have been smarter than you think."
In the end, the biggest change Whitmore should have made was to simply sit down and chill for a second rather than rushing to conclusions and making spur of the moment decisions. Realistically, Whitmore should have realized that moving from city to city with only a handful of ships was probably going to take awhile, so making the quickest possible decision no matter how irresponsible or dangerous, might not have been the smartest idea. We can only assume that Whitmore just wanted to make sure to get this whole thing over as quickly as possible, so as not to ruin Labor Day too.
Check out more from Jeff and Malcom at The Last Gaffe.


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Top Definition
When you take a shit and it lands on a piece of toilet paper or floats in the water, causing the illusion of an island made by your shit.
Man, I just stunk up the whole bathroom when I pulled off a shitter island the size of a small panda.
door dangletown 1 november 2010
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Now,I created upper that table and in order to test I will give 3 textboxes values as below.
SqlCommand cmd = new SqlCommand
("Insert Into dbo.PrnInf(PrnName, PrnSurName, PrnEgn ) Values
('"+txtPrnName.Text+", "+txtPrnSurName.Text+","+txtPrnEgn.Text+"')", conn);
However,I'm getting the error in the "cmd.execute".Also,I defined the primary key and identity specification on the primary key. the moral of the story,is it require to fill all tables inside of the database?
Best Regards,


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Walgreens: 15% off any order
coupon code: MOM15
Use code MOM15. Free shipping with $24+ * Coupon code MOM15 valid up to 1 use per order, 3 uses per customer through May 11, 2013. Code must be entered at time of checkout to apply discount. Discount does not apply to electronics, contacts, diapers, formula, pharmacy or photo orders, gift card purchases, taxes or shipping charges. Code cannot be combined with other codes. Orders must be placed by May 11, 2013 at 11:59 p.m. Central Time to qualify. Timing will be determined by Walgreens server clock. Offer valid online only.


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Marvin's Best Christmas Present Ever (Paperback)
Christmas is coming...
... and Marvin is worried. His big sister, May, always makes great presents for their parents, and Marvin's are never as good. But this year, he is determined to make the best Christmas present ever -- one that will last forever.
About the Author
Katherine Paterson was born in China, where she spent part of her childhood. After her education in China and the American South, she spent four years in Japan, the setting for her first three novels. Ms. Paterson has received numerous awards for her writing, including National Book Awards for The Master Puppeteer and The Great Gilly Hopkins, as well as Newbery Medals for Jacob Have I Loved and Bridge to Terabithia. Ms. Paterson lives with her husband in Vermont. They have four grown children.


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Tokyo Game Show exhibitors announced, Microsoft and Sony confirmedWritten by: / / 2 Comments
The organisers of the Tokyo Game Show have released an exhibitor list, confirming that over 180 companies will be present at this year's show in September.
Microsoft, absent at the show in 2012, will return to the expo once again. This despite an announcement last year that the publisher would skip Gamescom and the Tokyo Game Show in favour of focusing on "smaller, more localised promotions and experiences for press, partners, retailers and customers around the world."
Sony will join Microsoft as one of the console makers to exhibit, while a strong line-up of third-party publishers will also be present. These include EA, Capcom, Square Enix, Namco Bandai, Bethesda Softworks and Sega.
There will also be a number of peripheral and smartphone companies as well as social game makers and many more on show at this year's Tokyo Game Show which takes place from September 19 to 22.
Tags: microsoft, sony, tokyogameshow


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Koh Gen Do
Oriental Plants Cleansing Cream
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Experience three textural changes as you cleanse. From Soft-to-Heavy-to-Smooth. Glides smoothly over skin and absorbs quickly to remove makeup, dirt and dead skin cells. Contains moisture-retaining ceramides.
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Inspired by actress and founder Ai Saotome's quest for skincare that protected her sensitive skin from the effects brought on by stress and harsh conditions, Koh Gen Do's high-performance cosmetics and skincare lines use traditional Asian botanicals and homeopathy to naturally restore skin's beauty. Perfect for all-day wear and developed for Hi-Def cameras, the brand's best-selling cosmetic bases use ultrafine particles that blur imperfections and protect skin.
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I'm following an example of finding the splitting field for $f(X)=X^3-2$ over $\mathbb{Q}$. It reads, if $\alpha$ is the positive cube root of $2$, then the roots of $f$ are $\alpha$, $\alpha(-\frac{1}{2}+i\frac{1}{2}\sqrt{3})$, and $\alpha(-\frac{1}{2}-i\frac{1}{2}\sqrt{3})$.
My question is, how does one know what those two latter roots are so quickly? Is there a general way to find all the other roots of a polynomial if you can find the obvious one, in this case $\sqrt[3]{2}$?


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Hot/Cold Faucet Indicator | Home Health Medical for $63.99 + free shipping
SALE price - was $75.99!
The Faucet Light changes color based on the water temperature. It's blue when the water is cold or simply turned "on." When the temperature reaches 89°F, it changes to red alerting you that the water is getting hot. The Faucet Light turns an ordinary faucet into a streaming crystal blue light source. Simply turn on the water, and the internal pressure switch activates the light source. Turn off the water, and the light goes off.Works on most USA faucets and includes universal adapters for 95% coverage.
2 Comments add a comment
I've seen these free with 2.99 shipping on some deal sites. Someone has no idea what they are selling. Def a no buy here.


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WASHINGTON — Executives at Amazon, Kohl's, Crocs and lululemon have been named recipients of the National Retail Federation's annual awards.
Amazon founder and CEO Jeff Bezos received the Gold Medal Award, for serving the industry with distinction and achieving a national reputation for excellence. Recipients of this award have displayed creative genius and inspirational leadership and won the respect of fellow merchants for their devotion to the retail craft, according to NRF.
Kohl's senior EVP of logistics Ken Bonning received the Silver Plaque Award. The award is presented to a senior executive with an NRF member company or retail-related organization who has achieved prominence in his or her individual field and, who has shown outstanding leadership in his or her NRF council or committee work, making a major contribution to the retail industry or to NRF.
Crocs president and CEO John McCarvel received the Retail Innovator of the Year Award, for successfully distinguished himself as a retail pioneer through the use of new, innovative or imaginative techniques, formats or service. Recipients of the award demonstrate an ability to sustain and build this concept in the face of challenges.
Lululemon athletica CEO Christine Day received the International Retailer of the Year Award for achieving international recognition for excellence in their native country and internationally.
The award winners are selected each year by select members of the NRF board who make up its Award Committee. The recipients, each company's top-ranking executive, will accept their awards during the Annual Retail Industry Luncheon at NRF's Annual Convention and EXPO, Retail's BIG Show, Tuesday, January 15, 2013. The convention will be held at the Jacob Javits Center in New York City, January 13-16, 2013. Donna Karan, chief designer, Donna Karan New York and founder Urban Zen, will be the guest speaker for the industry luncheon.
"In this highly competitive industry, it's important for retailers to continue to evolve with their customers' expectations, while also thinking outside the box when it comes to innovation and consumer value," said NRF president and CEO Matthew Shay. "We know we don't have to look far to find our award winners each year as retailers are some of the most ground-breaking companies in the world, setting examples for other industries in customer service and experience, innovation and leadership. We applaud our winners this year and are thrilled to honor them in front of their peers."
Retail's BIG Show and EXPO serve as the world's leading retail event, bringing 25,500 retail executives and vendors from more than 75 countries together for educational and networking opportunities. The convention has been ranked as one of the Top 200 events in North America, as well as one of the 50 fastest-growing events. Other speakers at Retail's BIG Show 2013 include executives from Coca-Cola, Starbucks, the Container Store and Whole Foods.


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Our Adjustable Clarity Waterproof Binoculars are perfect for birdwatchers, sportsmen and boaters, or anyone who needs to use high quality 8x40 binoculars in less than perfect weather conditions. Our Adjustable Clarity Waterproof Binoculars are 8 x 40 binoculars hermetically sealed to withstand downpours, ocean waves – they can even survive being completely immersed in one meter of water for up to 30 minutes! These are tough composite marine binoculars with an amazing advantage – switchable internal filters that provide you with different modes to see clearly in difficult lighting. Contrast Mode is used to see more clearly in foggy conditions, or any lighting where you need more contrast. Reflection Mode minimizes dazzling light reflection off water, snow, ice or glass.
See more details
Item # 200030
If you're looking for a light and durable pair of waterproof binoculars, your search is over. These marine binoculars feature unmatched optical quality based on an innovative Porro prism design. Exterior filters protect the optics from sand, dust and moisture, while switchable interior filters allow you to adjust these 8x40 binoculars for optimal viewing in difficult lighting. Fighting foggy conditions? Use the Contrast Mode. Battling bright reflections from snow or water? Switch these marine binoculars to Reflection Mode to minimize dazzling light.
The hermetically sealed carbon body of these 8x40 binoculars are highly resistant to shock and vibration, and is able to withstand punishing weather conditions without damaging the optics. These waterproof binoculars are built to withstand rain, ocean waves or even total immersion in shallow water for up to 30 minutes. The sealed construction makes these 8x40 binoculars an ideal pair of marine binoculars.
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At 2:41 p.m. on Tuesday, September 18, Bowling Green Police received a call that Hancock Bank and Trust, on Crossing Boulevard, was being robbed.
Witnesses told police a man with a white mask entered the bank, presented a gun, and demanded money. After taking an undisclosed amount of money the robber fled to a waiting car. Police located the white Suzuki Verona a few blocks away, running and unoccupied. It was quickly determined the vehicle had been reported stolen earlier in the day.
The man was wearing a black ball cap, black sun glasses, a white mask covering his entire head, a black sweatshirt, blue jeans, and black and white Reebok shoes. One identifiable characteristic for the man, he has a long ponytail. It is not known if the man is American or of foreign descent.
If you have any information about this or any crime, please call South Central Kentucky Crime Stoppers at 781-CLUE, toll free at 866-842-CLUE, or click here to go to their web site.
Crime Stoppers only wants your information, not your name. Their telephone lines are not recorded and they don't use caller ID or *69.


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One of the things I do which makes handling paper documents much easier, is to print out in booklet format. With a duplex A3 printer, I can print out a document of 60 A4 pages onto 15 sheets of A3 (in the US, I presume that you would make a booklet of Letter pages onto Tabloid sheets). Three staples, one near the top and bottom edge and one in the middle make a really secure binding.
Below around 60 pages this works really well, but above I start to get problems. Most long-arm staplers say they can cope with up to 25 sheets. Unfortunately, my experience is that at around 15 sheets, most long-arm staplers require you to make several attempts to staple (removing the mangled staple on each failed attempt) which makes the stapling process take much longer (even with a staple extractor).
When I get above 100 page documents, I have even more problems.
I have tried using a heavy duty stapler, which can staple up to 100 sheets (so 400 page documents, though above 50 sheets gets too unwieldy anyway) but you can only ever staple at the top and bottom edge, and even then you have to staple at an angle, since the width of the page doesn't fit into the throat of the stapler.
I've found a few long-arm staplers that are described as heavy duty but they look no different to normal long-arm staplers, so I doubt their claims to staple more than 25 sheets. What I'm really after is a long arm version of the Rexel Giant, with it's cantilever action to reduce the force required to staple many sheets, but I can't find one.