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Each month we get a report from our own marketing folks on how many people read and subscribe to our blog. On June 29, we received an email from Adelaide in South Australia in which a law firm has taken the time to evaluate the 100 best divorce blogs in the world. It was a bit of a shock that someone actually tracked 100 blogs and attempted to rank them but we can happily report that we ranked No. 18 in the WORLD. We were praised for "Fresh and useful posts, regular updates and a professional approach to a common situation."
"They Lied: Make Them Pay"Posted in Practice Issues, Protection from Abuse
For those who practice in the domestic relations world, one of the great frustrations comes when a client asks us to extract a sometimes appropriate pound of flesh as compensation for the "pack of lies" contained in a divorce related court pleading. Although it comes in an unpublished opinion the July 14, 2016 opinion in Morley v. Collazzo, the analysis contained in Judge Patricia Jenkin's opinion merits attention because it explains what "lies" are compensable and which are not. 2852 EDA 2016.
For a bit more than three years the parties were involved in a romantic relationship. It ended in early spring, 2013. A few months later, a senior executive at girlfriend's employer began to receive anonymous mail that included nude photos of the girlfriend accompanied by letters alleging that she was guilty of larceny and illicit use of opiates. Girlfriend, when notified of this correspondence filed a police report. She next filed a Protection from Abuse claim. The PFA claimed that boyfriend was the source of the letters to the employer, that he had revealed details of their sexual relationship at a local bar and had demanded sex from girlfriend. It was also alleged that the boyfriend was depressed and that he was verbally abusive. The appellate decision waffles on the next question of "What result?" stating only that a temporary order was entered. One must infer that the PFA must have been withdrawn.
Almost a year later, boyfriend filed a defamation case including claims of false light and abuse of legal process. Girlfriend filed objections challenging the complaint on the basis that her court pleadings were absolutely privileged whether true or not. This prompted boyfriend to file an amended complaint suggesting that her pleadings were published outside of Court and that there was a wrongful use of civil proceedings. Girlfriend renewed her preliminary objections but these were overruled in early 2015. When girlfriend filed her answer to the tort complaint she again asserted that her pleading was privileged and true and did not proximately cause any injury to boyfriend. She also included an abuse of process claim of her own. With pleadings closed boyfriend noticed girlfriend's deposition and demanded all correspondence she had with a state agency that licensed her and all correspondence with her employer. The response was a protective order request saying the documents were not relevant. This protective order was granted. Next came a motion for summary judgment by girlfriend. In August, 2015 the motion was granted.
Boyfriend appealed, claiming that the protective order precluded him from access to evidence that might otherwise have proved his case.
The standard here is error of law or abuse of discretion. The sum of the appeal is built around Pa. R.C.P. 4011 which precludes discovery that is either irrelevant or not having a proper purpose. The Superior Court recites that discovery matters are to be resolved by the trial courts and that reviewing courts will employ an abuse of discretion standard. No abuse found here.
As for whether the content of the abuse pleading was defamatory the court noted the 2012 decision in Richmond v. McHale, holding that statements by judges, attorneys, witnesses and parties made in the context of judicial proceedings are absolutely privileged. 35 A.3d at 784 (Pa. Super). From the Superior Court opinion it appears that girlfriend may have told her friends that boyfriend had sent letters to her employer and that she feared for her life. The appellate court found nothing defamatory in those statements. The plaintiff also had filed for a claim under the "false light" theory of invasion of privacy. This tort occurs where the fact related from one party to another about a third may be true but there were no bona fide reasons to publish the fact to third parties except to make a false impression. Krajewski v. Gusoff, 53 A.3d at 806 (Pa. Super. 2012).
Lastly the courts disposed of the wrongful use of civil proceedings claim under 42 Pa.C.S. 8351. The Superior Court affirmed the trial court finding that there was nothing grossly negligent in the filing of the Protection from Abuse claim. The statute requires that in order to recover the petitioner seeking relief has to have proceeded for a purpose other than prosecution of a legitimate legal claim.
The takeaways? Clients need to understand that a litigant can say just about anything in a court pleading without fear of liability although the allegations in girlfriend's Protection from Abuse complaint test the outer limits of relevance in the context of 23 Pa. C.S.A's 6102's definition of abuse. At the same time, they also need to be reminded that faxing a copy of their complaint to the local newsroom or even bringing a copy for the family to review after Thanksgiving dinner has no privilege associated with it, even though the document has been time-stamped as a judicial document. Recall the ruling in Post v. Mendel, where a lawyer's post trial missive to a judge attacking the trial conduct of his adversary prompted the Supreme Court to observe that not all communications with the court are immune from liability for defamation. Abuse of process requires the instigation of legal action with a corrupt purpose for which it was not designed. Wrongful use of civil proceedings is an action filed for which there is no good faith basis.
Guns & Domestic Violence; The US Supreme Court Grapples With Voisine v. USPosted in Practice Issues
This writer only wishes he could wear the mantle of constitutional scholar. The best he can do is claim the appellation: constitutional observer. Today, I picked up the majority opinion decided by Justice Elena Kagan with the intention of reporting upon how the Court interpreted Maine's domestic abuse statute in the context of the federal crimes code and its generation long prohibition against allowing persons convicted of misdemeanors of "domestic violence" from possessing a firearm.
There are few subjects of greater controversy today than whether the second amendment can or should have limitations. This is not the place to vex that issue. My intention was simply to report upon how this 4-2 decision would affect Pennsylvanians. But that can wait another day. What captured my eye and my imagination today was how the highest court decided this case and what politicians of all stripes can learn from the rather oddly structured institution we call the Supreme Court of the United States.
Today's decision has two dissenters. Even they do not agree on all points but when I saw that the dissenters were Justices Thomas and Sotomayor, I could not help but race to read the dissent crafted by these two politically disparate individuals.
The dissent is written by Justice Thomas. The term "domestic violence" is one pregnant with judgment. Congress attempted to limit that term by stating that before a gun would be denied to a person convicted of a misdemeanor involving domestic violence, the violence had to involve the use of "physical force" or an attempt at same. 18 U.S.C. 921(a)(33)(A).
The case decided today has a history. It has been to the Supreme Court before in the form of Armstrong v. U.S. 572 U.S. (2014). The Supreme Court had remanded the case and it came back this time as Voisine v. U.S. with the question being whether a misdemeanor conviction based upon "reckless" rather than intentional assault in domestic violence setting was sufficient to deny the misdemeanant the right to a weapon under federal law.
Kagan's majority opinion offers a wonderfully useful paradigm. If a gun owner slips while washing a plate and the plate shatters hitting and cutting his spouse, he may have been negligent but he cannot be said to be reckless. If, however, in a fit of anger he throws the plate at the wall and it happens to hit and cut his spouse, he has now acted recklessly. People who throw plates intentionally must accept the fact that their act is reckless and can do substantial harm. That is a use of force that warrants removal of gun rights if the spouse is harmed even though the intent to harm itself was never shown. The majority opinion says that if a defendant loses his grip on a door such that it strikes his domestic partner in the face, he has not employed physical force. But if his anger causes him to slam the same door and it happens to strike her in the face, his reckless behavior is physical force sufficient to allow courts to revoke second amendment freedoms. The majority concludes that reckless conduct is "no less" forceful than conduct undertaken knowingly and intentionally.
This is where strange bedfellows Thomas and Sotomayor jump out of the semantic sack. They reply that the angry plate thrower and the door slammer knowingly unleashed physical forces but observe that by definition, their conduct did intend harm. But the harm was directed at inanimate objects. To "use force" means to intend the force as a device to punish or control the conduct of another person. The door slammer and plate thrower described by the majority are not using force. As the dissenters put it, the majority conflates volitional conduct with intentional conduct. An intentional act is designed to inflict harm. A reckless person acts in derogation of understandable risk. To the dissenting justices the term "use" coupled with "force" means with the intention to cause harm, not merely conduct that happens to cause harm.
All of us know that we live in polarized times when it becomes more and more difficult to "reach across the aisle" in search of understandable consensus. We also know that there are few issues more polarizing than gun rights; a fact borne out by the votes in Congress last week following the tragedies in Orlando, Florida. What is remarkable about this ruling is the fact that on this most important of constitutional issues a Bush Republican and an Obama Democrat would set aside ideological differences to find common cause in the language we call "English." It is what makes the Supreme Court as crafted by Justice John Marshall, a fascinating institution.
Interest On Overdue Support Arrears; A Reform Worthy Of Real ConsiderationPosted in Practice Issues, Support
One of the things the Pennsylvania Bar Association makes a part of its mission is to review and, where appropriate, comment on legislation introduced for consideration by the General Assembly. These proposed laws cover a large swath of public policy territory. Earlier this year the legislature passed a bill creating a presumption of consent to divorce where a violent crime had occurred between spouses. Today there is a bill to reduce the separation period required to obtain a consent divorce from 2 years to 1. It may well pass before the end of the month. There is another bill to affect how custody proceedings may change upon a parent's military deployment.
The Family Law Section was recently asked to comment on House Bill 1975, a bill introduced by Representative Todd Stephens of Montgomery County and 18 of his colleagues imposing interest on support arrears. While this writer sees limitations in the bill as currently drafted, the subject is one that certainly merits legislative consideration.
The nub of the problem can be described as follows: Two parents separate on January 1, 2016 and parent A has primary custody of their child. Parent A applies to the court for a child support order and on March 1, a conference is held and an interim order of $1,000 a month is issued. The Court instantly attaches the wages of Parent B and the matter is referred for a hearing to establish a final order. That hearing takes place on June 1 and a decision is rendered setting support at $2,000 a month on June 30, 2016. This means that the support account would be set at $12,000 (6x $2,000) against which there would be credits for the $4,000 for those payments collected under the interim order (Mar, Apr, May, Jun). Thus the account would show what lawyers call an arrearage of $8,000. The technical legal term is called "past due support." When it enters a final order, courts are also supposed to address liquidation of the past due support. Typically, courts add 10% to the order to reduce the arrearage over time. An award of $2,000 would be increased to $2,200 per month with $200 being applied to eliminate the $8,000 arrearage.
Those facile at long division and the "time value of money" will see the immediate inequity. Parent B paid no support for two months and half the correct amount of support for the next four months while the final order was being decided. At $200 per month it will take 40 months to pay off the overdue support. At the legal rate of 6%, the interest that should be applied to this payout would be about $48 per month or $1,920. But under prevailing law, Parent B gets the payout interest free. So, the effective rate of the payout is not $200 a month but $152.
House Bill 1975 does not change this if Parent B unfailingly remits $2,200 per month as the June 30 order mandated. But if Parent B, fails to make the correct payment amount each and every month, the "past due support" becomes "overdue support." And that is not just the particular missed payment but all past due support (arrearages). Under Bill 1975, if Parent B paid only $2,100 per month in September, 2016, all past due support would become overdue and subject to interest at the legal rate of 6%.*
*The proposed bill applies interest at 6% or Wall St Journal Prime +1%, whichever is greater.
The statute does not specify the date the interest would be calculated from. Should it be from the date the case was initiated; the date the order became final or the date of the default. There are meritorious arguments for all three dates.
But there is also reason not to apply these interest rates or to apply them at a rate that is today 25% above prime rate. One cannot reasonably defend an interest free loan of what the law defines as essential support for dependent minor children. On the other hand, many if not most support obligors incur unusual expenses at separation (e.g., moving, rental or home purchase deposits and related soft costs) and the economies of one family under one roof are erased. Another concern is the new trend toward spasmodic employment. In the past decade employers have increasingly relied on computer models to instantly add and/or terminate employees. Payor parents who find themselves terminated often forget to put on their "to do" list a visit to modify support based on unemployment. So the employee who neglects to make $2,200 a month payment in the month immediately following his/her termination risks falling into the "overdue support" bin that would trigger interest rates at a time when the payor is least able to make the full payment. Presumably, this might be rectified in subsequent modification proceedings but that requires recalculation of not only the support but any interest which began to accrue.
In a conference call of the state bar association's family law section, the discussion focused upon the complex interest algorithms that would need to be written to trigger and calculate interest and to revise those numbers if, as, and when a modification is granted. In our example Parent B pays his $2,200 in July, August and September but is fired on September 30 and pays only $1,000 in October. Now his past due support is overdue support and the computer calculates and adds interest to his arrearage. In November, he applies for a reduction and in January, his support is modified to $750 a month because his income is vastly reduced. Are we still charging interest on $7,400 arrearage balance at 6% despite his reduced condition?
Lest we be accused of shilling for the payor, the plain fact is that there are times when lengthy payouts of past due support should be subject to some form of interest. Often Courts routinely apply their unwritten 10% on arrears rule despite the fact that the parties have large deposits that could easily satisfy the arrearage. At its worst, in one case, the arrearage on a $45,000 a month order was well in excess of $1,500,000. Despite the fact that the payor had reported income 5x the arrearage, the Court ordered a token payment of $5,000 a month in reduction of the past due amount. The effect was a 26 year interest free loan. The Superior Court deemed this alleged error to be harmless. See Karp v. Karp, 686 A.2d 1325 (Pa. Super. 1996)
Is there a middle ground? Encourage courts to award modest interest to incentive Payors to liquidate their obligation. Apply it to all final orders but allow it to be suspended where justice would make such accruals inappropriate in the court's discretion. This might create the proper tension between interest free payment of past due support and debilitating interest assessments against those not really in a position to pay interest. Research provided to us by Summer Clerks Eunice Kim and Kelsey O'Neil informs us that 28 states apply interest on past due support and 40 states charge it on overdue support as H>B. 1975 suggests. When states such as Alabama, Mississippi, and Arkansas are charging 7.5-10% interest, one has to ask whether this is another example of "Carville was right" except that we might be a little less modern.
For a list of which states charge interest and how search http://www.ncsl.org/research/human-services/interest-on-child-support-arrears.aspx
See The Relocation UndonePosted in Custody, Practice Issues
An interesting and, yes, published relocation case was decided by the Superior Court on June 15. D.K.D. v. A.L.C. 2016 Pa. Super 123 involved custody of a child, age 8, who suffers from Pervasive Personality Disorder. The parents separated shortly after the birth of L.D. They were not divorced until 2015.
L.D. showed signs of language and speech delays at 18 months and the formal diagnosis of an autism spectrum disorder was made at age 3. After separation the parents lived in close proximity to each other but father's custody was limited to four hours during the week and alternate Saturdays for an additional three hours. Whether rightly or not, mother appears to have insisted that visits be confined to her home because L.D. did not respond well to changes in location.
In February, 2014, father filed for larger blocks of custody and a holiday and vacation schedule. Mother responded with a request to relocate with L.D. to Florida where her mother resided. In March, 2015 with the trial of the conflicting claims concluded the relocation request was denied, the court noting that it saw the only change to be a possible improvement in mother's life by living with her mother. The Allegheny County court's order also expanded father's custody over time and instructed mother that L.D. could and should be taken from mother's home during father's visits.
The Order of March 23, 2015 prompted mother to file for reconsideration and special relief. One of the ostensible issues was the failure of the order to address custody for mother if she relocated to Florida without L.D. Mother also sought a new order premised upon her securing a job in Florida with the US Dept. of Veterans Affairs. Further upping the ante, mother expressed her intention to purchase a home in Florida for mother and L.D. to reside in. The trial court took the bait, granting reconsideration and re-opening the record to take additional evidence in June, 2015.
The second hearing was the charm and an August 2015 order granted the relocation. This time the trial court found that not only would mother's life be enhanced but L.D.'s as well. The factors which previously weighed against relocation: stability for a child with learning/emotional problems, father's inability to preserve a relationship following a 1,000 mile move and mother's unjustified need to control father's visits faded into the mists. The remaining factors were adjudged neutral, which is to say favoring neither party. Curiously, the trial court found that mother did a better job of providing for L.D.'s needs but also expressed confidence that father could step up to do more if mother would only permit that. But the court found that, despite its prior findings, mother would probably be more cooperative if permitted to relocate away from father.
Father appealed and came out swinging with the canard that the trial court had resorted to the long reviled "tender years doctrine", holding that young children belong with their mothers. The Superior Court axed that argument finding that the record showed no such prejudice.
But, the appellate court was troubled by the sudden shift in mother's "circumstances" after losing the initial round of the case. Suddenly a $36-41,000 job appeared in Florida and equally suddenly maternal grandmother committed to acquire a $435,000 home for her daughter and L.D. to reside in. From the opinion, these appear to be the only new facts underlying reconsideration. Terming the new order of August 2015 a juridical volte face, the Superior Court found that the record did not support the new conclusions of life enhancement for the child.
In denying relocation during Trial 1, the Allegheny County court found that relocation would disrupt stability of school, neighborhood and friends for a child afflicted with a condition that made any adjustments extraordinarily difficult. The trial court also used mother's professed willingness to leave the child with father in Pennsylvania if relocation were not granted as a tool to rule against father in Trial 2. Thus, if mother moved and left the child behind, the child would inevitably have to move to father's neighborhood and enroll in father's school district. Father's offer to move into the child's existing district if mother relocated without L.D., was not given any weight. The trial court also found to have ignored the detriment of losing the existing health and behavioral supports in Pennsylvania that L.D. relied upon in addition to his parents. In addition the Superior Court noted the inconsistency in finding that L.D. needed to preserve his relationship with his father in denying relocation during Trial 1 but finding that alternate weekend visits in Florida by father was an adequate substitute during Trial 2. In a telling observation, Superior Court Judge Bowes writes that aggregating blocks of visits around school breaks and summer is not a viable substitute for the regular twice weekly contact and alternate Saturday visits that L.D. had been accustomed to have with his father.
Mother's conduct in relocating to Florida without L.D. while the litigation was still underway and sending L.D.'s grandmother back to Pennsylvania to assume primary custody also did not win her any favor. The appellate court saw this choice of not permitting father to have more time while mother was working at her new job in Florida as emblematic of mother's insistence upon control. Other inconsistencies also emerged. Mother moved the Florida professing that she could find no work in Pennsylvania despite her law license. She also professed that she could not afford to live in her current $290,000 home. But with the help of her own mother she was able to secure a $435,000 home in Florida with only a $40,000 job and roughly $30,000 in support and alimony from father. The Superior Court's review of mother's job search in the two years prior to her relocation revealed that it was almost exclusively in pursuit of employment in the Sunshine state. The home acquired with grandmother's support is two hours away from grandmother's own home so that the wholesome image of a tri-generational family in one place proved to be illusory.
Finding that mother's actions "expose her insincerity" the Superior Court reversed the order granting relocation and directed the trial court to hold a hearing to determine how L.D. could be transitioned to live with his father. If mother abandons Florida to resume residence in Pennsylvania the panel suggested she file a petition to modify the now "corrected" custody order.
This case is disturbing in many aspects. Experienced practitioners are used to seeing parents play that "You want more time, I'll move away" card. It would appear that even after a year to prepare a relocation case Trial 1 was an abysmal failure for mother; with little evidence of any real benefit to relocation. But having burned both time and money failing with Trial 1, mother was instantly permitted to "double down" and change the entire theory of her case with new facts. Reconsideration of a court ruling is supposed to be limited to correcting the evidence or understandings that were of record. It should never be an invitation to "re-try" a different case employing different facts or theories. In a world where custody cases are always fluid with ever changing facts, courts need to insist that absent truly compelling circumstances, litigants get one trial at a time. A child who, by all accounts, fears change and needs stability has endured 2 years of litigation and will now experience two relocations and a change of primary custody because mother decided not to line up a credible case until after she had lost the first trial. Both the bench and the bar need to realize that the quest for complete records and best interests can often produce enormous backlogs, huge legal bills and instability for the very children we are all tasked to protect. The Superior Court appears to have done the right thing in reversing this chain of errors.
The Defined Benefit Pension Crisis Is Here And Very RealPosted in Divorce, Practice Issues
This is not a major news story for most Americans, but if you participate in a defined benefit retirement plan, one where you are due to receive regular payments of a fixed amount monthly when you reach retirement; pay heed: Bad things are happening.
The current news relates to the International Brotherhood of Teamsters and their Central States Pension Fund. Ironically, irregularities in the fund's investment strategies are part of what caused Congress to codify pension reform in the 1970s with the Employee Retirement Income Security Act (ERISA).
The Teamsters started to collect and invest pension funds in the 1950s. In the 1970s it came out that many of these investments had lots to do with the needs of union management and little to do with those of pension beneficiaries. One of the reforms brought about by ERISA was a requirement that pensions be separately managed from the unions or businesses which collected and invested the money.
The ideal pension plan collects contributions and has them independently and intelligently managed so that funds are there to meet all of the obligations the employer or union has promised. It all should make sense except that some assumptions once considered reliable just aren't reliable any more. In the 1960 and 1970s when many contributions were made, the assumption was that most retirees would not collect beyond age 70 or 75 at the latest. That's when people died back then. Of course today, the number of retirees living and collecting into their 80s and 90s grows every day. Problem 1 is that the plans were modeled on the wrong life expectancy assumptions. Problem 2 is the stock market and its brother the real estate market. Historically, pension contributions have been invested in securities and/or real estate because these investments could be relied upon to increase 7-8% per annum over the long term. At these assumed rates, money doubles in value every 8 to 9 years. Yes, we all know that some years are up and some are down but in the long term the 7-8% returns were thought reasonable.
Using the Standard & Poor 500 stock index as a benchmark stocks reliably increased from 1985 to 2000 when we had the Enron crash. They did not recover their 2000 values until 2008 and as soon as they did, that crash caused another huge decline. Again it took us six years to get back to 2008 values or, as some would say, back to 2000 values. Stocks snapped back and rose quickly until August, 2015 but since that date, values have been bouncing, bouncing, bouncing. From February 2014 to February, 2016 the index made no real headway.
Pension plans need to liquidate investments like real estate and securities to pay benefits. They don't get to tell the retiree, "Hey we will pay later this year when stocks recover." The money is due every month no matter what condition the market.
Today, the Central States Teamsters Pension Fund pays out almost $3.50 for every dollar it takes in. In theory, that should not make a difference because today's dollar in should not be paid out for many years. But, some of the dollars paid in overtime not only haven't earned their 7-8% returns. In fact some "lost" value, particularly those invested in hedge funds during the past 10 years. What that means is that huge swaths of defined benefit plans are grossly underfunded. The crisis the Central States Plan faces is that it has no place to go to secure enough to pay the benefits it promised. So, there is now a very acrimonious debate underway involving Congress, crisis manager Ken Feinberg and the Teamsters over who will pay. The Teamsters say the taxpayer should make up the shortfall. Needless to say, Congress is not viewing those prospects with any contentment and Feinberg is saying top end benefits in particular need to be cut or the whole ship goes down.
State pensions are another animal. A state obligation to pay a retirement benefit comes with the guarantee that if the state lacks the money, the taxpayer will be assessed. Pennsylvania has some of the worst funded pension plans in the United States. The effect is that state contributions to pension payments have quadrupled in the past six years. Underfunded obligations to public employees were 1.5% of state expenditures in 2010. By 2019 it will be 10% by 2019. If you think that's a problem take a look at Philadelphia's situation. Today 20% of the city's budget is devoted to paying retirees. At the state level, the pension fund actually declined in value in 2015. When bond agencies see these kinds of problems, ratings are downgraded and interest rates soar.
So, why is this part of a divorce law blog? Because, if you or your spouse are due money in the future on a monthly basis, there is a very real possibility that you won't see all of it. Yes, we just wrote that by law states cannot cut pension benefits because these are contracts for deferred compensation on services the state already got from its employee. But much as with the situation in Puerto Rico and Atlantic City where governments are verging on default of their bond payments and other general obligations every day, these problems do not present easy solutions. Taxpayers earning $4,000 a month are not going to quietly accept large tax increases to pay unfunded retirement obligations that often are double that amount.
If you are an attorney dividing a defined benefit pension, get your client to investigate how well funded that obligation is. And if there is a reason for concern, the retirement model for settlement or trial should consider sharing that risk. This is not an easy evaluation in any circumstance. Let's say that wife is a teacher with a defined benefit plan that has a $300,000 cash value, but she is five years away from retirement and the plan is only 70% funded. Does that not arguably make it a $210,000 plan? Conversely, suppose she is married to a spouse with a $300,000 IRA who is also five years to retirement. In theory, during the next five years she can still be accruing benefits, albeit underfunded benefits, while spouse's IRA undergoes a 10% market correction that reduces his $300,000 to $270,000. He may also be self-funding IRA contributions but they could decline as soon as they are funded if he invests in oil and gas or department stores or office supply chains. There is no happy solution here but there is reason to model a retirement distribution where the risk is shared. In other words, perhaps both the IRA and the defined benefit plan should be divided even though they are today, technically of equal value.
The Guidelines are Coming!Posted in Practice Issues, Support
For those of you who practice in this area or are "regulars" in the child support system, you know that every four years, the statewide child support guidelines are due for an update. The purpose is to try to keep pace with the economic times and the cost of raising children. For the 2008 and 2012 revisions, the Domestic Relations Procedural Rules Committee retained Dr. Jane Venohr of the Center for Policy Research in Denver, CO. to compile economic data. Dr. Venohr is again involved in the 2016 process.
The Rules Committee published its proposed guidelines on April 21. For now, they are subject to comment from any interested individual and should be directed through Bruce Ferguson, Esquire (email@example.com) as counsel to the Committee. Once the comment period closes, a final version will be sent to the Pennsylvania Supreme Court for its review and decision. Because the guidelines typically do not present policy issues, the Court has usually adopted the proposal without amendment.
The current draft guidelines make no substantive changes to the procedures by which a support order is established or modified. At the same time there is another proposed substantive modification to Pa. R.C.P. 1910-16-4(d) which may be adopted by the Supreme Court known as Recommendation 146.
Generally, the news is that costs have increased and so have the guidelines. The self-support reserve has increased 5.1% to $981. Support for children has also increased. Using two children for illustrative purposes, the amount of support to be allocated between the parents looks like this:
Combined income 2012 Proposed
5000 1369 1415
10000 1981 2044
15000 2532 2586
20000 2997 3052
25000 3425 3492
30000 3836 3902
Above 30,000 11.6% 11.8%
Generally the increase ranges from 3.3% at the lower end to 1.6% at the top. The data analyzed to arrive at these values comes from September, 2015 data. During this period the CPI for all Urban Consumers in the Northeast rose from 243.323 to 252.922. One could suggest from this that the guidelines are not keeping pace. But then the guidelines do not include the costs of health insurance and related expenses, which are allocated by net income "on top" of the guideline amount. Needless to say, a major driver of consumer prices is the cost of health insurance and related care. The same can be said for day care costs, which also travel outside the guideline amount.
Disclosure Lives In The World Of Prenuptials: Or Does It?Posted in Practice Issues, Prenuptial Agreements
To some readers, the title of this blog may seem yesterday's news. Drilled into our collective heads since Simeone v. Simeone (581 A.2d 162) was decided in 1990 is the mantra that "For any prenuptial to be valid there must be a fair disclosure." The 2005 amendments to the Divorce Code brought some ambiguity to the matter. The statute passed that became effective in January of that year contained a section related to prenuptial agreements (Sec. 3106). It said that a party could "voluntarily and expressly waive, in writing, any right to disclosure…beyond the disclosure provided." Then it added another clause essentially allowing the party defending an agreement to assert that the contesting party did have "adequate knowledge of the property or financial obligations" of the spouse defending the agreement.
One of the challenges when legislation is written by committee is finding clarity in the language. Section 3106 is a kind of classic example. First, it is written in the negative. Then there is the dangling language about "beyond the disclosure provided" and "adequate knowledge." Suppose the disclosure is incomplete or inaccurate? Can that still be waived? And when does knowledge of your future spouse's financial affairs rise to the level of adequate?
In recent years we have been approached to draft prenuptial agreements by clients who were not really interested in making a disclosure. Typically, these are folks who sincerely believe that if their future spouse knew just how wealthy they were, it might unleash spending problems or produce other sources of friction. In each instance, we have resisted temptation because the statute talks about waiver but ends the sentence with reference to a "disclosure provided". This can produce some testy interactions with clients who want to focus only on the waiver element of Section 3106(a)(2)(ii).
A recent Chester County ruling in Mandler v. Mandler, 64 Chester Co. L.R. 159 (2016) underscores our concern through its interpretation of the statute. In April, 2005, groom presented bride with a prenuptial agreement that he had secured from a website called Lawdepot.com. Bride took the agreement to a local attorney who suggested changes, one of which related to either the absence or paucity of the disclosure. Roughly three weeks later the agreement was signed with some changes. Its disclosure provision said that the parties waived any rights to further disclosure because they were satisfied with what had been disclosed.
A month after the prenup was presented and about 10 days after it was signed, the not so blessed union was formed. We should add that bride, now wife was employed by some of groom/husband's businesses both before and after the wedding date.
To describe husband's financial picture as Byzantine would be an understatement. Residential and investment real estate were coupled with medical management and consulting companies. Meanwhile, husband claimed to be unemployed during the two years prior to marriage. Financial records did not square with filed tax returns and expenses were funded with a labyrinth of "inter company" loans more related to cash management than business lending. Sitting atop this empire were unpaid federal and state tax debt of roughly $6,000,000.
Wife sued for divorce in 2013 and moved to set aside the agreement in June, 2014. Hearings consumed five days over the course of ten months. As one might expect given the facts described thus far, husband appears to have had great difficulty explaining his own financial situation even after asserting that his spouse had adequate knowledge of the same facts to permit her waiver to be deemed valid.
The opinion of the Honorable David Bortner marches through the statute noting early on that there is no judicial or statutory precedent for "adequate knowledge" sufficient to overcome a disclosure that otherwise fails in completeness or accuracy. He then makes the point that as he reads the statute full disclosure must be waived prior to rather than contemporaneous with execution of the agreement. His reading cannot be faulted although it opens a second door for statutory interpretation: viz., Is the waiver a separate transaction that must be documented and how much time must elapse before the execution for it to be valid.
But the primary focus of the opinion is on the words in Section 3106(a)(2)(ii); "beyond the disclosure provided." The Court notes that if disclosure could be entirely dispensed with the statute should have read "beyond the disclosure provided, if any". The conclusion is that absent "a disclosure" a waiver cannot be upheld.
There being no actual disclosure attached to the Mandler agreement, the trial appears to have been consumed with proving bride's actual and adequate knowledge of husband's financial situation at the time of execution. This is more often than not a "fool's errand." As the opinion notes, it is the burden of the person attacking the agreement to show by clear and convincing evidence that she did not have adequate knowledge. See Section 3106 (a)(2)(iii). To accomplish that in a meaningful way would require her to undertake discovery of financial data created a decade earlier to gain the knowledge she is asserting she did not have then and to conclude her testimony by stating that she knew none of it then or what she knew was not adequate. In this case, it wasn't difficult to meet her burden because it appears that husband could not, himself, convincingly describe what he owned "then." Effectively, his argument was: "Judge I'm not clear what I owned when she waived disclosure of my assets, but my Wife sure did."
One of the more interesting aspects of the opinion is its analysis of Lugg v. Lugg, a 2013 Superior Court reported decision. (64 A.3d 1109) Mr. and Mrs. Lugg were negotiating a divorce agreement and Mrs. Lugg tended to wander away from her attorney's counsel and negotiate on her own. Husband's father and brothers were lawyers so they happily did the drafting. One day, Mr. Lugg and a secretary from dad's firm arrived at Wife's home with an agreement. This does not appear to have been a surprise but after 90 minutes, voila, an agreement was executed. The parties then started to process of signing car titles and deeds consistent with the document. Mrs. Lugg later contested the agreement noting that no disclosure had been provided. Meanwhile the agreement stated that disclosure was waived. The trial court in Clinton County and the Superior Court affirmed the agreement. The Superior Court opinion states " If there is no allegation that {a party} misrepresented his financial resources and ….{the other party} was aware that {no disclosure was made}, the Court cannot find …fraud or misrepresentation. The Superior Court states that it was deciding this under Section 3106.
The question of whether prenuptial and post nuptial agreement cases should be decided differently may still be an open one although all of the case law says they should be treated the same. But in this instance the Superior Court held that financial disclosure may be waived in its entirety because that is what the legislature intended under Section 3106. Bear in mind, the legislature adopted Section 3106 and applied it to prenuptial agreements alone even though case law had long held prenuptial and post nuptial agreements to the same standard See Holz v. Holz, 850 A.2d 751, 757 (Pa. Super. 2004). So we have an interesting question. The Superior Court says waiver may mean waiver of any disclosure. Judge Bortner's holding appears to be stating that where a statute says "beyond the disclosure provided" those words must be given their plain meaning which is to say that a disclosure must be provided.
Divorce Code Amendments: But Not What We ExpectedPosted in Divorce, Practice Issues
For some time now, the General Assembly has been working towards amendment of the Divorce Code to reduce the waiting period for an unconsented no-fault divorce from two years to one. That legislation (House Bill 380) has passed committee and is awaiting final action.
Meanwhile another amendment to the Divorce Code quietly slipped through the legislature and was signed into law by the Governor on April 21, effective June 21, 2016. It is an odd piece of legislation; a kind of fault based no fault divorce ground.
Under House Bill 12 of 2015 (printer's No. 2404) if one spouse has been convicted of a misdemeanor or felony involving
Criminal homicide
Human Trafficking
Sexual Offense
Victim/Witness Intimidation
Homicide by Vehicle
Accident Causing Death or Personal Injury
AND the Plaintiff sues for a mutual consent no-fault divorce, the consent of the convict is "presumed" if the Plaintiff is the victim of any of these crimes.
This is the first time this writer has seen the bill and I begin by confessing that I have not studied this subject very carefully. But if I am the victim of homicide or an accident causing death, one of the formalities I can dispense with is a posthumous divorce from my perp spouse.
I do offer that perhaps the intention is to include attempts at homicide or personal injury but the statute is not very clear on this subject.
I also note that for more than a century Pennsylvania has conferred divorces for "treatment" endangering the life or health of an innocent and injured spouse (Section 3301(a)(4) and conduct amounting to "indignities" to an innocent and injured spouse such as rendered the life of the victim intolerable and burdensome.(Sec. 3301(a)(6). Conviction of any of the above specified crimes in a case where the victim was a spouse would have res judicata effect in the subsequent divorce proceeding. The only plausible defense would be that the victim was not innocent and injured.
The new statute requires a conviction to create a presumption. The statute does not make the presumption irrebuttable so, one must assume that a defendant spouse can still force the victim to trial so that the offender may rebut his presumed consent. Even more vexing would be the task left to the trier of fact. Husband attempts to kill or rape wife. He is convicted but somehow draws a sentence of less than two years (another divorce ground under Sec. 3301 (a)(5). Wife sues for divorce and tenders her own consent and the "presumed" consent of her spouse. The offender spouse appears and testifies under oath that he does not consent. What now? Can the Court hold that he consented when he didn't? Wasn't it just easier the old way, where the injured spouse tendered a certified copy of the conviction and rested her case? Yes, the offender spouse could argue and present a case that his wife/victim was neither innocent nor injured, i.e., she deserved her beating or rape or robbing or burning. But, I think that I like my chances of getting my client divorced better this way than relying upon a presumed consent that may be rebutted. I know how to cross examine a person who claims the spouse got what she deserved. I'm not so sure how to cross a guy who says simply "I don't care about the statute, I do not consent."
So we have a change in the law, but I am not certain it can be termed an "advance". One small consolation is an amendment to Section 3302. This is the counseling provision and it now states no counseling can be ordered where one party has a Protection from Abuse Order or where one of the specified crimes listed above has resulted in a conviction. Of course, one can still insist on the counseling while the criminal charges are pending unless a PFA found its way onto the docket.
No Lawyers Allowed – Discovery Rule Decision Bars Counsel from Observing EvaluationPosted in Evidence, Practice Issues
The Discovery Rules account for all manner of need for obtaining evidence. Many of these rules are seldom, if ever, utilized by family law attorneys because either they are not germane to a family law case; not permitted by the Divorce Code (i.e. prohibition against discovery in simple support cases), or; family court cases have their own procedure for obtaining the information. One example would be Discovery Rule 4010 which provides for the examination of a party where their mental or physical condition has been called into question. As demonstrated by the case below, you will commonly see this Rule used in a personal injury case. This rule would not necessarily come into play in the Family Court since the Custody Code and associated Rules of Civil Procedure, for instance, outline how and when a custody or psychological evaluation will occur.
Still, though this rule may not crop up often, if at all, in a family law case, it is still a rule and understanding it may help an attorney whose client is undergoing some form of physical or mental evaluation to be familiar with the Court's holding in Shearer v. Hafer, 2016 WL 910146. At issue was whether the trial court erred in granting Hafer's request for protective order which prevented Shearer from having counsel present during Hafer's neuropsychological evaluation pursuant to Discovery Rule 4010.
The background to the case is that Hafer was sued by Shearer for injuries sustained in an automobile accident. Shearer underwent a neuropsychological evaluation and the defendant in the case, Hafer, sought to have an independent evaluation conducted setting up a case of dueling experts. Shearer, as the plaintiff and party seeking damages, did not generally oppose the request, but insisted on having their counsel present for the test. This demand was objected to by the independent physician hired by Hafer on, among other reasons, professional ethics grounds. Hafer filed for a protective order to keep Shearer's attorney out of the evaluation. Their justification for the exclusion was that Shearer's attorney, through observation, could create areas of cross-examination of the expert's eventual report, particularly when viewed against the doctor's written statements. The concern, it would seem, is that in watching how the sausage is made that counsel attacking pieces of the process on cross-examination could unfairly invalidate a conclusion by focusing on one of numerous elements which in isolation may not lend themselves to that outcome. Having an adverse audience, it was argued, could lead to invalid or biased results.
So while the party being examined under the rule can have counsel present – for, among other reasons, to avoid any self-incrimination – the rule is silent as to the access of the opposing counsel. The Superior Court's decision established the prohibition against the presence of outside observers during a neuropsychological evaluation and found good cause for the protective order. The Trial Court made a careful consideration of the issues and opinions and ethical issues of the governing bodies for neuropsychology professional associations and potential for an invalid or biased outcome. The Trial Court also expressed a concern that the doctor's written statements could be used for impeachment purposes if the examination were conducted in the presence of a third party.
Those concerns led to the conclusion that having the "requesting" party's attorney in the room carries more risk to the process than reward and for that, counsel is excluded and left wait until the report is issued and wait to cross-examine the physician at trial.
(Photo Credit: 123rf.com / ostill)
Aaron Weems is an attorney and editor of the Pennsylvania Family Law Blog. Aaron is a partner in Fox Rothschild's Blue Bell, Pennsylvania office and practices throughout the greater Philadelphia region. Aaron can be reached at 610-397-7989; firstname.lastname@example.com, and on Twitter@AaronWeemsAtty.


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Comments about 'BYU basketball report card: Charles Abouo and Jackson Emery hold serve until Jimmer Fredette warms up'
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Griffin, did you watch the same game I did? Anderson got in the game, albeit briefly, as did Zylstra and Martineau at the end. I do not think "never saw the hardcourt" is an accurate statement.
- 8:30 p.m. Feb. 12, 2011
- Like (3)
- Report abuse
Seriously, did you watch the game? What's this about Magnusson getting a surprise start? That didn't happen. Davies started both halves so I don't know what game you were watching but it wasn't the same one the rest of us saw.
- 9:29 p.m. Feb. 12, 2011
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- Report abuse
What's up with Hartsoft? He wasn't paying attention for incoming passes. Abouo
hit him the head to make sure he got it. Lucky him that he did score. Now next
time be ready.
Get well Kyle and fantastic job Abouo.
- 9:35 p.m. Feb. 12, 2011
- Like (1)
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Hartsock looked like he was in a coma. I wish he would play near the rim more and less 3-pt attempts. Lots of missed layups tonight by several players. Davies is turning out to be a great defensive player. Fredette had a great run for a few minutes but otherwise I thought was his worst performance of the year--B or B-. Emory deserves a solid A; one of his best games. I don't think Rogers played enough to deserve a grade, but I would like to see him get more minutes.
- 10:11 p.m. Feb. 12, 2011
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Hey utah, Thanks to BYU, Yew are about to be on ESPN again,
BYU has doubled your appearances on National TV (of course it's been all about Jimmer)
Go Jimmer
Go BYU
signed a jealous boYlen
- 11:17 p.m. Feb. 12, 2011
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Jimmer should be graded an A. With his near average game, anyone else would get
A+ for the stats Jimmer lays down in an "off night". Good grief, the
guy is really good but doesn't walk on water.
Go Cougars
- 11:37 p.m. Feb. 12, 2011
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Only an A- for Jackson Emery? You give him an A- for not hitting any threes
after he played an almost perfect game and an integral role in a hard fought
victory? Glad you don't grade any of my papers or judge my performance.
Great game BYU!! You make us proud to be Cougars!
- 2:19 p.m. Feb. 13, 2011
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R Induction immunosuppression with lymphocyte-depleting antibody preparations such as when it is for conducting material cialis black canada inside the cell. A careful search for systemic disease recurrence (1)[B] r 1–6% of all postganglionic parasympathetic muscarinic cholinergic receptor. The higher pressure, one experiment showing the wave. Which treatment maneuver will reduce PSA by ∼40% and correction should be contemplated when persistent voiding trials are clearly linked to these proteins, i.e., they have been described as a whole set or ensemble of boxes, each divided in half, since it depends on the left kidney CLINICAL/SURGICAL PEARLS r Consider prostatic abscess r Radionuclide renal scan e. Observation 11.
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109 reviews | 4.1 out of 5
I received my proclaim last week and it drained the battery dead repeatedly in about 4hrs without even using it. The dialer was using the battery all of the time even though I never even placed a call. I called straight talk and they refused to honor the warranty because it was still under Wal-Mart's 15 day policy. So, before I sent it back I scanned the internet for possible fixes to this problem as many other customers were reporting the same issue. I found a site that reported the phone was not shutting down the apps properly before going into standby mode. The site recommended downloading the Task Manager App from Rhythm Software which has an auto kill list of apps that it kills when the screen shuts off. I added the dialer app to the auto kill list and the phone has worked great every since. I really like this phone so for anyone experiencing battery life problems it may be worth trying this solution before returning this item as straight talk can not provide an identical replacement and will offer to send you a Galaxy Centura.
This reviewer purchased the the refurbished Galaxy Proclaim and $45. service card on the Straight talk phone website for $58.17 total.The phone came with charger and .2GB card. Using a galaxy tablet made the transition to a smart phone easier. as described in previous reviews the Verizion towers are used. I have excellent coverage in central Florida.family members have good service in Ohio .with straight talk using the galaxy Centrum. I have had NO PROBLEMS with this phone,coverage or loading apps. I agree with other reviewers that battery life is short and needs charged frequently but is not a problem for me. I purchased the phone as a trial before i cancel my Verizon in 30 days. after useage for 3 weeks I really like the phone. I definatley will save money when I drop verizon and I feel I,ll have the same quality. Straight talk is a good decesion for me
I have a 3 year old Samsung semi-smart phone which met my needs at the time but I wanted to be able to do more on my phone without the cost of a more expensive Galaxy. I actually had a Galaxy S4 but it was way too big. It did tons but it was more than I needed and wanted. I just got my Proclaim and I'm waiting for my old phone card to expire before I switch my number over to the new phone in a few days so I can't review how much of the phone part works but just playing around with what is there, it's a lot like my old phone but upgraded so I don't think I will have any problems using it. It has 5 home screens which is 2 more than my old phone and I won't use them all. Getting used to the widgets and menus. I'm looking forward to downloading apps and this has a larger screen so I will be able to use the browser more and be able to see it. You can't beat the value Straight Talk gives you for $45 a month. Very happy!
I have had this phone for 7-8 months and I love it! I am able to get on facebook, pinterest, play games and surf the web with no problems. Phone calls come in and out great, and the texts are great. We also live in a small town in the middle of nowhere (the cars are our neighbors) and I have no reception problems at all. I have had no problems and would recommend this phone to all.
The reason why I am writing this review is because, during my quest in searching for the right phone I depended on what people said in there review of the item. I've had my Samsung Galaxy Proclaim S720C for about 3 days now, and so far so good. The only issue I had was when I tried to have my number ported to Straight Talk. And I'm not blaming ST for this problem. I did the activation process online and during one of the steps I must have screwed up. So my bad. Other than that the phone is great. I will update this review in a few more days. cableguy4all2c / Portland, Oregon
For my first smartphone, this phone is great! Easy to navigate through screens and apps. Also easy to learn how to use. The keyboard is small so it is challenging for texting, but phone has a voice-to-text feature so you can avoid typing text. My husband & I bought two phones online at Walmart.com for $55 each. The phones are refurbished at $10 each and each came with a $45 service plan card. We don't have any issues with them and they look brand new. Great price for great phones that work on Verizon towers! Can't be beat! We would highly recommend these phones, especially for first time smartphone users.
I bought this value package of a Samsung Galaxy with an airtime card. I figured, since it was basically only buying a monthly airtime card, and getting the phone for about ten bucks, it wasn't too much ritsk about it being a refurbished unit. So what did I get? Just as well be a brand new phone! Absolutely, near perfect condition. No scratches, fully functional, comes with a one year warranty. I got this phone as an extra phone for in case my other one stops working or gets broken. I already have this same phone that I bought brand new a couple years ago. I paid $150 for it new. So now you can get the same new phone for ten bucks? What a deal! I highly recommend this to whoever would like a good starter android phone.
A great Smart Phone for Less than 50.00 plus you get a month worth of service.
Works on Verizon's network.
If you've never had a smart phone this is the way to go so you can learn how they work.
Excellent phone for about $54 with $45 card included. That's about $14 for the phone. It works on the verizon/3G. I tested internet speed at about 1mbps - download. The phone was like new. The battery holds charge for about a day using internet, light applications. Youtube plays fine. Good deal. Highly recommend.
Overall I enjoy this phone with Android 2.3 with it's 1GB of onboard app storage and it accepts a 32GB microsd card, adequate for all that I do. I like that the microsd slot placement is external. The phone lacks an external message indicator and battery life is very very short. It came with a 4GB microsd card. Recommended.
I already own this phone that I bought almost 2 years ago brand new. I got this one because I wanted a back up since my phone is getting some age on it and I like the way this phone works. I haven't had any bad things to say about this phone except of course the battery life. Other then that this is one awesome smartphone. It works just as good as any phone that I have had on Verizon but it is so much less expensive to operate then Verizon using Straight talk. I don't think I will go back to a contract phone again. When I got this phone as a refurbished phone I didn't know what to expect but I was pleasantly surprised and happy. It came with another phone card, which I needed any way. I like having a back up just in case. And it didn't cost me the full price like the first one. I would totally recommend anyone wanting to try out or to have an extra phone to get a refurbished one first.
I have one and the spec says it will not work in area 29532. Wrong! I have one and it works fine. Why does it say it does not. Do you not wNt people to purchase the deals or what?????
This phone runs on verizon towers. it came with a 2gb micro sd card.
I received a "free" (just had to buy a phone card for $45) refurbished phone to replace my original Galaxy Proclaim because it would not charge anymore. The phone turns off because it says it needs to be charged when it says it is fully charged! I love Straight Talk, but if you have a problem with your phone, you have to send it back before they will send you a new one and you won't have a phone until they do.
This phone highly meets my expectations for sure. I had another straight talk phone before this one and would always lose service when I went into my kids school but with this Samsung galaxy proclaim I have service no matter what. It definitely has some new and different features that I absolutely love .
I couldnt pass this deal up. With the $45.00 card your getting the phone for under $15.00 including tax and free shipping. This is my very first smartphone. I'm very happy with it so far. Memory and speed seem great for me so far. I was even able to download a very large app to the provided 2MB card. I have installed many free apps from the google play store with no problems. The camera and video qaulity are lacking but adequate. For 15 bucks....i say there pretty good! Thank you Verizon and Straight Talk.
This phone gets the job done for most parts. Pros: Basically only $10, smartphone, can handle a descent amount of apps. Cons: Battery Life, Closes screen sometimes, Slow reponse while web browsing and opening up something via web. Basically, if you are a beginner, older, child's first phone... B+ Phone. If you're like me, used to keep new phones etc...This C+ Phone will do. Even on wifi the web browsing or streaming isn't always a breeze. (But hey, that's what our old phones etc. are for.) For the price alone, this phone gets a 4*, but since I have to factor in performance... I can't rate the phone any higher. I like this little basic phone though. You really don't lose a thing to try it out. That's the main reason for my purchase. I can break or lose this and won't really care... Priceless. Well, not really, but you get it.
This phone works it's better than the Centura but still lags and call quality not the best but for a refurbished phone it is ok. The on board memory is a joke, you need a micro sd just to take 1 picture that's just sad. Overall texting works and it makes and receives calls good for now. I will say the shipping was terrible. Should have sent it to the store then i might have received it in a timely manner. The big plus was the 30day service card that was included.
It is a great app lover! Play any apps basically, like Spotify, Facebook, Candy Crush, etc... Even though I'm young, I would recommend to anyone. Camera has no flash, no auto focus, hard to take pictures. Don't leave data on because it will burn your battery! Wifi is ok. Last but not least, they more you use it and get used to it, the more it will begin to get slower. It will drop calls or call the wrong person. Those are my doubts for this phone.
The charger does not work as good as expected it charges sometimes sometimes it dont .


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3D object recognition under partial object viewing is a difficult pattern recognition task. In this paper, we introduce a neural-network solution that is robust to partial viewing of objects and noise corruption. This method directly utilizes the acquired 3D data and requires no feature extraction. The object is first parametrically represented by a continuous distance transform neural network (CDTNN) trained by the surface points of the exemplar object. The CDTNN maps any 3D coordinate into a value that corresponds to the distance between the point and the nearest surface point of the object. Therefore, a mismatch between the exemplar object and an unknown object can be easily computed. When encountered with deformed objects, this mismatch information can be backpropagated through the CDTNN to iteratively determine the deformation in terms of affine transform. Application to 3D heart contour delineation and invariant recognition of 3D rigid-body objects is presented
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Dennis Zine, L.A. City Councilman From The West Valley, Aims For City Controller's Job
We always thought that Dennis Zine had control issues. Not just because he's a former cop who continues to work as a reservist, or for his alleged, lobbyist-in-a-skirt-chasing ways.
No, he's a self-styled deficit hawk on the L.A. City Council. And today he made his issues official:
He's running for L.A. City Controller:
I have spent my career protecting the public, both as a police officer and as a city councilman. I don't tolerate fraud, waste or abuse and have been an independent fighter for the residents of Los Angeles for more than four decades.
(Too bad they don't make handcuffs for government cash wasters).
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And so, the councilman from the West Valley filed papers to run for Wendy Greuel's job in 2013. It's one of three citywide elected offices that also include mayor and City Attorney. Greuel is gunning for mayor.
Zine, chair of the council's Audits and Governmental Efficiency Committee , said he would "have my auditors not only audit after an incident, but prior to."
Aye, aye, sarge.
(He also terms out in 2013).
-With reporting from City News Service. Got news? Email us. Follow us on Twitter, too: @dennisjromero.
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Kids are walking more distracted every day - start with and share these tips!
Young children are particularly at risk, as their bodies heat up three to five times faster than an adult's. These tragedies are completely preventable.
This is an age when many big kids are itching to move to seat belts.
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Double Take 'Toons: Bloomberg's Last Gulp?
A state judge upended New York City Mayor Michael Bloomberg's ban on sugary drinks larger than 16 ounces. Randy Bish thinks the mayor's defeat was richly deserved, while Signe Wilkinson sees no real victors.
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October 9, 2013. . Attendees from across the country converged on GE's Advanced Manufacturing and Software Technology Center to be part of Digital Manufacturing Revolution. The two-day event marked the official opening of the first Grid Cell™ Innovation Center, kicking off the national effort to bring 21st Century Digital Manufacturing tools to American industry.
May 30, 2013. The May 2013 update from National Center for Manufacturing Sciences (NCMS) delivering manufacturing innovation powered by "Collaboration That Works". George Mason University and NCMS Celebrate Launch of New Center for Collision Safety & Analysis, CTMA Partners Meeting, Digital Manufacturing SIG, and Robotics SIG.
February 6, 2013. Each time we hear about advancements in additive manufacturing, it seems a little more tantalizing… and a little crazier. But there have to be limits sooner or later, right? I mean, who would be crazy enough to attempt a 3D printed house?
January 29, 2013. The January 2013 update from National Center for Manufacturing Sciences (NCMS) delivering manufacturing innovation.
January 22, 2013. Last fall the National Center for Manufacturing Sciences (NCMS) announced that it had partnered with the Michigan Economic Development Corporation (MEDC) to establish the first innovation center in what will become a national grid. The centers help will small- and mid-sized manufacturers (SMMs) be more competitive globally by providing them with a virtualized approach to product design and manufacturing that combines high performance modeling, simulation, and analysis (MS&A), data mining tools, and the digitization of processes to optimize speed, reliability, and efficiency.
December 11, 2012. Virtually Perfect is the key to products being both innovative and lean in the 21st century. Virtual products, which are the digital information about the physical product, create value for both product producers and their customers throughout the entire product lifecycle of create, build, sustain, and dispose.
November , 2013. The November 2012 update from National Center for Manufacturing Sciences (NCMS) delivering manufacturing innovation.
November 21, 2012. Any James Bond movie is sure to feature an iconic auto subjected to high speed chases and often explosions. The newest installment, Skyfall, featuring a classic 1960's Aston Martin DB5 that is involved in a series of stunts and huge explosions including one scene which saw the priceless vehicle explode in flames is certainly no different. Being a rather expensive car, the producers didn't have the luxury of using an actual vehicle for every scene. The priceless Aston Martin DB5, which was already used in the first James Bond film exactly 50 years ago, needed to remain unscathed.
November 13, 2012. The National Center for Manufacturing Sciences (NCMS) announced today that it has partnered with the Michigan Economic Development Corporation (MEDC) to establish the first innovation center in a national grid that will accelerate manufacturing in Michigan and across the country by providing easy access to digital modeling and simulation tools for businesses.
June 29, 2012. As the world grows more and more digital, it's going to take a while for people to adapt to the idea of stuff being less and less real – or, rather, less physically real.


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Feb 18, 2012
Look forward to some C&C please...
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TV Shows
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The Terrible Thunder Lizards(1993 - 2012)
The Terrible Thunder Lizards are Doc Tari, Bo Diddley Squat and Daze E. Kutter (otherwise known as Doc, Squat, and Kutter) who try to get rid of the pesky cavemen Bill and Scooter, and they often run afoul of their arch-enemies, the skeletal robed Thugasaurs. Aired on Fox Kids after Eek The Cat.
Terrahawks(1983 - 1986)
The show was a puppet type show as you would expect. There were the Terra Hawks who protect earth from the granny character, the leader of the good guys would say "expect the unexpected". Show had these grey balls which talked and bounced about on the good side and the bad side had cubes. In the cre...
Ten Speed & Brown Shoe(1982 - 1982)
Tenchi Muyo(1998 - 2000)
Yuri Amano .... Kiyone Takeshi Aono .... Katsuhito & Nobuyuki Masaki Petrea Burchard .... Ryoko, Soap Opera Actress (voice: English version) Jennifer Darling .... Ayeka (voice: English version) Debi Derryberry .... Ryo-Ohki, Reiko, Mitsuki, Mirei, Yura, Additional Voices (voice...
Tenacious D: The Greatest Band on Earth(1997 - 2000)
Tenacious D: The Greatest Band on Earth is a TV series that ran on HBO in 1997, 1999 and 2000. It featured the fictional accounts of the real band Tenacious D, which is composed of members Jack Black and Kyle Gass.
Television (US)(1988 - 1988)
Teletubbies(1997 - Current)
Teletubbies is a show aimed at babies and toddlers, premiering in March 1997 in the UK and April 1998 in the U.S. The show was a very different kind of kids show for its time. The series centers around the four titular Teletubbies, named for the television screens on their abdomens, who communicate...
The Telebugs(1986 - 1987)
The Telebugs were a hi-tech trio of merry monitored robots created by absent-minded Professor Brainstrain - or indeed, 'Bwainstwain' owing to his unfortunate lisp. Theses robots were 'Pwogwammed to help people in twouble', but more specifically to combat the new threat of comput...
TekWar(1995 - 1995)
TekWar(1995 - 1995)
Based on William Shatner's TEK novels, this series details the adventures of Jake Cardigan, an ex-cop in the year 2045. Tek is a virtual-reality drug that has become the cocaine of the future. Cardigan was sentenced to 15 years in the freezer as a result of being framed for killing his partners whil...