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In re 37-02 Plaza LLC | Chapter 11 Cases

387 B.R. 413 (2008)

In re 37-02 PLAZA LLC, Debtor.

No. 07-40313-ess.

United States Bankruptcy Court, E.D. New York.

May 9, 2008.

415 *415 Avrum J. Rosen, Esq., The Law Offices of Avrum J. Rosen, Huntington, NY, for 37-02 Plaza LLC.

Michael Tsang, Esq., The Tsang Law Firm, P.C., New York, NY, for Kam Chan.

MEMORANDUM DECISION ON THE DEBTOR?S MOTION TO EXPUNGE CLAIM NO. 17

ELIZABETH S. STONG, Bankruptcy Judge.

Before the Court is the motion of 37-02 Plaza LLC (the ?Debtor?) to expunge claim number 17 pursuant to Sections 502(a) and 502(b)(1) of Title 11 of the United States Code (the ?Bankruptcy Code?) in the above-captioned bankruptcy case, and the objection brought by Kam Chan (?Chan?), the claimant in claim number 17.

JURISDICTION

This Court has jurisdiction over this contested matter pursuant to 28 U.S.C. ?? 1334, 157(a), and 157(b)(1). This matter is a core proceeding under 28 U.S.C. ?? 157(b)(2)(A), 157(b)(2)(B), and 157(b)(2)(0).

BACKGROUND

On January 22, 2007, the Debtor commenced this case by filing a voluntary petition for relief under Chapter 11 of the Bankruptcy Code. Docket No. 1. The Debtor is a limited liability corporation (?LLC?) organized under New York law, and Vincent Tomasino Sr. (?Tomasino?) is its manager, principal, and as of the petition date, managing agent. See Affidavit of Vincent Tomasino, Sr. (?Tomasino Aff.?) ? 1; Motion for an Order Reducing, Reclassifying and/or Expunging Claim Nos. 12, 15, and 17 (?Motion to Expunge?) ? 3; Docket No. 1 (Petition, Official Form 1) at 4.

Procedural History

On July 11, 2007, the Debtor filed an Application for an Order Establishing Deadline for Filing Proofs of Claim, and on the same date, the Court granted the Debtor?s application and set a bar date of August 28, 2007, for filing proofs of claims. Docket Nos. 64, 66. On August 16, 2007, Chan filed a timely proof of claim for an unsecured nonpriority claim in the amount of $1,427,629.86 (?Claim No. 17?). Claims Register; No. 17-1.

On September 4, 2007, the Debtor filed this Motion to Expunge and supporting affidavit of Vincent Tomasino. Docket Nos. 73, 74. [1] On October 11, 2007, Chan filed an Objection to the Motion to Expunge (the ?Objection?). Docket No. 79. On October 15, 2007, the Debtor filed a Reply to the Objection (the ?Reply?). Docket No. 80. On December 5, 2007, the 416 *416 Debtor filed a Supplemental Memorandum of Law in Support of Debtor?s Motion for an Order Expunging Claim No. 17 Filed by Kam Chan (the ?Supp. Mem. in Support?). Docket No, 91. On December 18, 2007, Chan filed a Memorandum of Law in response to the Debtor?s Supplemental Memorandum in Support arid in further support of the Objection (the ?Chan Mem. in Further Support?). Docket No. 93. Hearings were held on the Motion to Expunge with respect to Claim No. 17 at which counsel for the Debtor and counsel for Chan appeared and were heard, and the matter was submitted for decision on April 22, 2008.

Factual Background

Claim No. 17 states that the Debtor owes Chan payment on two promissory notes (the ?Notes?), each dated July 26, 2005, in the amounts of $1,090,000 (?Note 1?), and $58,000 (?Note 2?). Claims Register, No. 17-1, Promissory Notes dated July 26, 2005. The Notes identify Tomasino and the Debtor as ?Maker? and Chan and Robert Yip (?Yip?) as ?Payee.? Claims Register, No. 17-1, Promissory Notes dated July 26, 2005. See Motion to Expunge ? 18; Supp. Mem. in Support at 3. The Notes state that the Maker promises to pay monthly interest of $6,333.33 and $290 for Note 1 and Note 2 respectively, from July 26, 2006, to the maturity date of July 25, 2010. Claims Register, No. 17-1, Promissory Notes dated July 26, 2005. The Notes are signed by Tomasino in his individual capacity and by the Debtor by Vincent Tomasino, Junior, as its ?Managing Member.? Claims Register, No. 17-1, Promissory Notes dated July 26, 2005. Note 1 is also signed with the approval and consent of Margaret Song (?Song?) on behalf of Song & Wu Realty Ltd. Claims Register, No. 17-1, Note 1. Yip transferred his rights and interests in the Notes to Chan pursuant to an Assignment of Promissory Notes dated July 3, 2007. Claims Register, JNO. 17-1, Assignment or Promissory Notes. See Objection ? 1 n. 2; Motion to Expunge ? 18.

The Notes were executed in connection with an Agreement for Sale dated June 29, 2005 (the ?Agreement for Sale?). Objection, Exh. A (Agreement for Sale) at 1. See Objection ? 3; Motion to Expunge ? 17; Supp. Mem. in Support at 2; Chan Mem. in Further Support at 1. The Agreement for Sale lists Chan and Yip as ?Seller? and Tomasino as ?Buyer.? Objection, Exh. A (Agreement for Sale) at 1. It is signed by Chan and Yip as ?Seller,? Tomasino as ?Buyer,? Chan as the Debtor?s ?Managing Member,? and Song on behalf of Song & Wu Realty Ltd. Objection, Exh. A (Agreement for Sale) at 3.

The Agreement for Sale provides for Chan and Yip to sell their seventy percent interest in the Debtor to Tomasino for $1.19 million, and for payment to include the execution and delivery of a promissory note by Tomasino in the amount of $1.09 million and a term of the note to be that ?the note shall be guaranteed of payment by 37-02 Plaza LLC.? Objection, Exh. A (Agreement for Sale) ? 1(b). See Objection, Exh. A (Agreement for Sale) at 1, ? 1; Motion to Expunge ?? 17-18; Objection ? 2. Tomasino and the Debtor executed Note 2 as additional consideration for Chan?s and Yip?s sale of their seventy percent interest in the Debtor. Motion to Expunge ? 18; Objection ? 3; Supp. Mem. in Support at 2; Chan Mem. in Further Support at 1. On July 26, 2005, Chan and Yip resigned from all offices in the Debtor with immediate effect. Motion to Expunge, Exh. B (Resignation of Kam Chan, Resignation of Robert Yip). See also Motion to Expunge, Exh. B (Consent of Members of 37-02 Plaza LLC) (reflecting transfer of shares from Chan and Yip to 417 *417 Maltese Realty Corp. and resignations of Chan and Yip).

DISCUSSION

Section 101 of the Bankruptcy Code provides that a ?claim? encompasses, among other things, a ?right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, legal, equitable, secured, or unsecured?.? 11 U.S.C. ? 101(a)(5)(A). The Supreme Court has observed that Congress ?intended by this language to adopt the broadest available definition of `claim.,?? Johnson v. Home State Bank, 501 U.S. 78, 83, 111 S.Ct. 2150, 115 L.Ed.2d 66 (1991) . See S.REP. NO. 989, 95th Cong., 2d Sess. 5807-08 (1978), as reprinted in 1978 U.S.C.C.A.N. 5787 (stating that Congress adopted the ?broadest possible definition? of claim in order to permit ?the broadest possible relief in the bankruptcy court.?). According to one commentator:

By fashioning a single definition of ?claim? in the Code, Congress intended to adopt the broadest definition of that term. The Supreme Court has repeatedly reiterated this principle and has declined all invitations to exclude rights from the definition of claim.

2 COLLIER ON BANKRUPTCY ? 101.05[1] (15th ed. rev.2007).

Section 501(a) of the Bankruptcy Code provides that to claim an interest in a debtor?s bankruptcy estate, ?[a] creditor? may file a proof of claim.? 11 U.S.C. ? 501(a). Bankruptcy Rule 3001(f) states that ?a proof of claim executed and filed in accordance with these rules shall constitute prima facie evidence of the validity and amount of the claim.? FED. R. BANKR.P. 3001(f).

Section 502 of the Bankruptcy Code provides that ?[a] claim or interest, proof of which is filed under section 501 ? is deemed allowed unless a party in interest objects.? 11 U.S.C. ? 502(a). ?[I]f such an objection to a claim made, the court, after notice and a hearing, ? shall allow such claim ? except to the extent that ? such claim is unenforceable against the debtor and property of the debtor under any agreement or applicable law?.? 11 U.S.C. ?? 502(b), 502(b)(1).

The party objecting to a properly filed claim has the burden of introducing sufficient evidence to overcome that claim?s prima facie validity. In re Rockefeller Ctr. Props., 272 B.R. 524, 539 (Bankr.S.D.N.Y.2000) . See 9 COLLIER ON BANKRUPTCY ? 3001.09[2] (15th ed. rev. 2007). The ultimate burden of proof with respect to a disputed claim lies with the claimant. See In re Allegheny Int?l, Inc., 954 F.2d 167, 174 (3d Cir.1992) (?If the objector produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts to the claimant to prove the validity of the claim by a preponderance of the evidence.?).

Here, Chan filed a timely proof of claim and identified the Debtor?s indebtedness under the Notes as the basis for his claim. Claims Register, No. 17-1. The Debtor argues in this Motion to Expunge that the Notes are legally unenforceable for lack of consideration and that any payments made on the Notes would violate Section 508 of New York?s Limited Liability Company Law (the ?New York LLC Law?). Motion to Expunge ?? 18-22; Supp. Mem. in Support at 6. The ultimate burden of proof, then, lies with Chan to demonstrate that the Notes are enforceable against the Debtor.

Whether the Notes Are Supported by Consideration

The Debtor argues that the Notes are not enforceable against it because they 418 *418 are not supported by consideration. Motion to Expunge ? 18. Specifically, the Debtor argues that it did not receive an interest in Chan?s or Yip?s stock, or any other benefit, in exchange for its obligation on the Notes. Motion to Expunge ?? 18-20; Reply ? 1; Supp. Mem. in Support at 3, 7. The Debtor cites the New York Court of Appeals case of Torelli v. Esposito, 63 N.Y.2d 903, 483 N.Y.S.2d 204, 472 N.E.2d 1032 (1984), where the court reinstated the trial court?s denial of a plaintiffs motion for summary judgment seeking to enforce a promissory note received by the plaintiffs decedent in connection with the sale of certain stock. Torelli, 63 N.Y.2d at 904, 483 N.Y.S.2d at 205, 472 N.E.2d at 1032 . The court found that the lower court correctly determined that a question of fact was presented as to the defendant?s obligation to pay on the promissory note, in? light of evidence supporting the allegations that the plaintiffs decedent ?did not own the subject stock, that the sale had never in fact occurred, and that the obligation to pay therefore lacked consideration.? Torelli 63 N.Y.2d at 904, 483 N.Y.S.2d at 205, 472 N.E.2d at 1032 . See Motion to Expunge ?? 19-20.

Chan argues that the Debtor received consideration in exchange for its obligations under the Notes. Objection ?? 3, 5, 21-34. He argues that consideration requires either that the promisor receive a, benefit or that the promisee suffer a detriment. Objection ?? 27-28; Chan Mem. in Further Support at 8-10. Chan cites Bulger v. Colonial House of Flushing, 281 A.D. 847, 119 N.Y.S.2d 233 (App. Div.2d Dep?t 1953), in which the Appellate Division affirmed the entry of summary judgment in favor of plaintiffs who sued to recover on a promissory note signed by the defendant. Bulger, 281 A.D. at 847, 119 N.Y.S.2d at 234 . See Objection ?? 25-27; Chan Mem. in Further Support at 8. There, the defendants argued that consideration was absent because in exchange for the promissory note, the plaintiffs transferred their stock to individuals other than the defendant, and the defendant itself did not receive any stock. Bulger, 281 A.D. at 847, 119 N.Y.S.2d at 234 . The Appellate Division concluded that consideration was present as a result of the detriment to the plaintiffs who transferred their stock. Id. Chan argues that because a detriment to a promisee may constitute consideration, there is consideration here because Chan and Yip transferred their stock in the Debtor in reliance on the Debtor?s obligation on the Notes. Objection ?? 27, 29; Chan Mem. in Further Support at 2, 10.

Chan also argues that the adequacy of consideration is generally determined by parties to an agreement, and should not be reviewed by the court unless there is reason to suspect fraud or unconscionability. Objection ?? 31-33. He also states that consideration may be deemed insufficient only where the inequality is so great as to shock the conscience, and that no such inequality is present here. Objection ? 33.

?Consideration, or a substitute such as promissory estoppel, is necessary for an agreement to be enforceable.? BLACK?S LAW DICTIONARY 1552 (8th ed.2004). The doctrine of consideration requires performance or a returned promise that has been bargained for by each party to an agreement. RESTATEMENT (SECOND) OF CONTRACTS ? 71(1) (2007). Discerning the existence, rather than the adequacy, of consideration is the court?s primary task. Richard A. Lord, WILLISTON ON CONTRACTS ? 7:21 (4th ed.2007). As the New York Court of Appeals observed, ?[a]bsent fraud or unconscionability, the adequacy of consideration is not a proper subject for judicial scrutiny.? Apfel v. Prudentialr-Bache Sec, Inc., 81 N.Y.2d 470, 476, 600 N.Y.S.2d 419 *419 433, 435, 616 N.E.2d 1095, 1097 (1993) (citation omitted). Exceptions to this rule are rare indeed. See, e.g., Mandel v. Liebman, 303 N.Y. 88, 94, 100 N.E.2d 149, 152 (1951) (explaining that courts may consider the adequacy of consideration where the contract is ?such as no man in his senses and not under a delusion would make on the one hand, and as no honest or fair man would accept, on the other?) (quotations omitted). See also Torelli, 63 N.Y.2d at 904, 483 N.Y.S.2d at 205, 472 N.E.2d at 1032 (a question of fact is presented where the evidence shows that, among other things, the sale at issue ?never in fact occurred?).

A benefit to a third party may satisfy the requirement of consideration. As one court found, ?under contract law, a contract is supported by consideration even if the consideration flows solely to a third party.? In re Asia Global Crossing, Ltd., 344 B.R. 247, 252 (Bankr.S.D.N.Y. 2006) . See RESTATEMENT (SECOND) OF CONTRACTS ? 71, cmt. e (2007) (?It matters not from whom the consideration moves or to whom it goes. If it is bargained for and given in exchange for the promise, the promise is not gratuitous.?).

Detriment to a promisee may also satisfy the requirement of consideration. 22 N.Y. JUR.2D CONTRACTS ? 76 (2008) (?A benefit to the promisor or a detriment to the promisee is sufficient consideration for a contract.?) See Richard A. Lord, WILLISTON ON CONTRACTS ? 7:4 (?It is often stated that the consideration required to support a promise is a detriment incurred by the promisee or a benefit received by the promisor at his request.?).

Here, the Debtor was a maker on the Notes in connection with the Agreement for Sale pursuant to which Chan and Yip sold their seventy percent interest in the Debtor to Tomasino. Objection, Exh. A (Agreement for Sale) at 1, ?? 1, 1(b). See Motion to Expunge ?? 17-18; Objection ? 2. Chan, Yip, Tomasino, and the Debtor signed the Agreement for Sale, and Chan and Yip suffered a detriment when they transferred their stock. Objection, Exh. A (Agreement for Sale) at 3. The Agreement for Sale provides that in exchange for their stock, Chan and Yip received the benefit of the Notes, of which the Debtor is a Maker. Claims Register, No. 17-1, Promissory Notes dated July 26, 2005. Tomasino, not the Debtor, received the benefit of the stock sold by Chan and Yip. That is, the Debtor bargained for a benefit to a third party, namely Tomasino, in exchange for its obligation under the Notes. That benefit to a third party is consideration for the Debtor?s obligation under the Notes.

In addition, under the Agreement for Sale, Chan and Yip transferred their seventy percent interest in the Debtor in reliance on the obligations of Tomasino and the Debtor under the Notes. Chan?s and Yip?s relinquishment of their stock interests was a detriment which was bargained for by the Debtor in exchange for its liability under the Notes. That is, the Debtor bargained for a detriment to Chan and Yip as promisees in exchange for its obligation under the Notes. That detriment to Chan and Yip as promisees is also consideration for the Debtor?s obligation under the Notes.

For all of these reasons, and based on the entire record, Chan has shown that the Notes are supported by consideration and may be enforced against the Debtor.

Whether the Debtor?s Payments Under the Notes Violate the New York LLC Law

The Debtor argues that payments on the Notes violate Section 508 of the New York LLC Law. Supp. Mem. in Support at 6. The Debtor notes that Section 508 prohibits distributions to members of an LLC when the entity is insolvent or the distributions 420 *420 will render it insolvent. [2] Supp. Mem. in Support at 5-6. The Debtor argues that it made payments on the Notes beginning in July 2006, when it was insolvent. Supp. Mem. in Support at 5. The Debtor argues that its insolvency is apparent from the fact that the Debtor was unable to pay its rent at that time. Supp. Mem. in Support at 5.

The Debtor also argues that payments on the Notes by it or by the Debtor?s bankruptcy estate to Chan amount to distributions to both Chan and Tomasino that violate Section 508 because ?both [have been] members of the Debtor at some point in time.? Supp. Mem. in Support at 6. See Supp. Mem. in Support at 5-7. The Debtor asserts that payments to Chan represent ?a distribution to ? a former member of the Debtor for his interest in the Debtor,? as well as distributions to Tomasino, because ?[t]he Debtor?s assumption of the financial obligations of its member, Vincent Tomasino Sr., is a distribution to [him].? Supp. Mem. in Support at 1. See Supp. Mem. in Support at 6.

Chan argues that the Debtor?s payments under the Notes do not violate Section 508 because ?there were no `distributions? that were made to any `member? of the Debtor.? Chan Mem. in Further Support at 5. See Chan Mem. in Further Support at 4-6. Chan notes that he has not been a member of the Debtor since he sold his stock under the Agreement for Sale and resigned his offices in the Debtor. Chan Mem. in Further Support at 4-6.

Chan also argues that any recovery of a purported distributions to Tomasino should be sought from Tomasino, not from him. Chan Mem. in Further Support at 4, 7. At the same time, Chan argues that the Debtor?s payments did not violate Section 508, because at the time of the payments, Tomasino had already sold his interests to another entity, Maltese Realty Corporation, and was no longer a member of the Debtor. Chan Mem. in Further Support at 6.

Chan further argues that Section 508 does not impose liability on a member who receives a distribution that violates Section 508 but is unaware of the violation. Chan Mem. in Further Support at 6. See N.Y. LTD. LIAB. Co. LAW ? 508(b). Chan asserts that even if the Debtor made a prohibited distribution to Chan or Tomasino, the Debtor has not shown that either Chan or Tomasino knew that the distribution ran afoul of Section 508 or exceeded the Debtor?s assets. Chan Mem. in Further Support at 6.

Finally, Chan argues that the Debtor made five interest-only payments of approximately $6,000, each under Note 1 and did not make any payments under Note 2. Chan Mem. in Further Support at 7. See Claim No. 17, Rider. He argues that the Debtor has not shown that the payments rendered the Debtor insolvent. Chan Mem. in Further Support at 7.

As an LLC, the Debtor is subject to the New York LLC Law. Section 508(a) states:

A limited liability company shall not make a distribution to a member to the extent that, at the time of the distribution, after giving effect to the distribution, all liabilities of the limited liability company, other than liabilities to members on account of their membership interests and liabilities for which recourse of creditors is limited to specified property of the limited liability company, 421 *421 exceed the fair market value of the assets of the limited liability company, except that the fair market value of property that is subject to a liability for which the recourse of creditors is limited shall be included in the assets of the limited liability company only to the extent that the fair value of such property exceeds such liability.

N.Y. LTD. LIAB. CO. LAW ? 508(a). See Die Fliedermaus LLC v. Shallo (In re Die Fliedermaus LLC), 323 B.R. 101, 108 (Bankr.S.D.N.Y.2005) .

Section 102(1) of the New York LLC Law defines a ?distribution? as ?the transfer of property by a limited liability company to one or more of its members in his or her capacity as a member.? N.Y. LTD. LIAB. CO. LAW ? 102(i). Section 102(q) of the New York LLC Law defines a ?member? as:

[A] person who has been admitted as a member of a limited liability company in accordance with the terms and provisions of this chapter and the operating agreement and has a membership interest in a limited liability company, with the rights, obligations, preferences and limitations specified under this chapter and the operating agreement.

N.Y. LTD. LIAB. Co. Law ? 102(q).

The Agreement for Sale, dated June 29, 2005, provides for Chan and Yip to sell their stock in the Debtor to Tomasino. Objection, Exh. A (Agreement for Sale) at 1, ?? 1, 1(b). See Motion to Expunge ?? 17-18; Objection ? 2. On July 26, 2005, Chan and Yip resigned from all offices in the Debtor with immediate effect. Motion to Expunge, Exh. B (Resignation of Kam Chan, Resignation of Robert Yip). Having sold their stock in the Debtor and resigned from their positions in the Debtor, as of July 26, 2005, Chan and Yip no longer had any position or membership interest in the Debtor.

The Notes provide for the Maker ? that is, Tomasino and the Debtor ? to make interest payments to Chan and Yip commencing as of July 26, 2006. The Debtor began to make payments in approximately July 2006. Supp. Mem. in Support at 5; Chan Mem. in Further Support at 6. So when the Debtor made payments under the Notes, beginning in July 2006, Chan and Yip were not ?members? for the purposes of Section 508. As a result, the Debtor?s payments were not impermissible distributions to Chan and Yip under Section? 508. For the same reasons, payments to Chan from the Debtor?s bankruptcy estate would? not violate Section 508.

Tomasino is the Debtor?s manager, principal, and as of the petition date, managing agent. See Tomasino Aff. ? 1; Motion to Expunge ? 3; Docket No. 1 (Petition, Official Form 1) at 4. Pursuant to the Agreement for Sale, he also purchased seventy percent of the membership units of the Debtor. Objection, Exh. A (Agreement for Sale) ? 1. For these reasons, he was, ?at some point in time,? a member of the Debtor under Section 102(q) of the New York LLC Law. Supp. Mem. in Support at 6. See N.Y. LTD. LIAB. Co. Law ? 102(q).

The Debtor?s payments to Chan and Yip may be viewed as providing a benefit to Tomasino to the extent that they reduced the amount due under the Notes, which are a shared obligation of Tomasino and the Debtor. Claims Register, No. 17-1, Promissory Notes dated July 26, 2005, See Motion to Expunge ? 18; Supp. Mem. in Support at 3. But the Debtor made those payments pursuant to its contractual obligation as a Maker on the Notes, not as a distribution to Tomasino ?in his ? capacity as a member? of the Debtor. N.Y. LTD. LIAB. Co. LAW ? 102(i). As a result, 422 *422 the Debtor?s payments were not impermissible distributions to Tomasino under Section 508, For the same reasons, payments to Chan from the Debtor?s bankruptcy estate would not violate Section 508.

For all of these reasons, and based on the entire record, the Debtor?s payments to Chan and Yip under the Notes did not violate Section 508 of the New York LLC Law, and future payments to Chan from the Debtor?s bankruptcy estate under the Notes would not violate Section 508.

CONCLUSION

Based on the entire record, after consideration of the submissions and the argument of counsel, and for the reasons set forth herein, the Debtor?s Motion to Expunge is denied with respect to Claim No. 17. An order in accordance with this Memorandum Decision will be entered simultaneously herewith.

[1] On October 16, 2007, the Motion to Expunge was granted as to claim number 12, an unsecured nonpriority claim in the amount of $4,000, filed on April 10, 2007, by A Plus Travel Corp.; and claim number 15, an unsecured nonpriority claim in the amount of $5,431, filed on June 22, 2007, by the City of New York. Docket Entry dated October 16, 2007. See Docket No. 82 (Order Expunging Claim Nos. 12 and 15 and Adjourning Objection to Claim No. 17).

[2] The Debtor also argues that Sections 513 and 514 of New York?s Business Corporation Law provide that a corporation may not purchase its own stock when the corporation is insolvent or would be made insolvent by the purchase. Reply at 2-3; Supp. Mem. in Support at 1.

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What You Need To Know About Assisted Living ? Caregiver ...

Assisted living residences and communities looks like single-family dwellings or apartments or condos including common visiting and dining areas. In home care enables people to stay in the comfort of their unique home, assisted living gives you flexibility and nursing facilities provide constant health care bills. Most seniors would prefer to keep their independence whenever possible. Assisted living permits you the independence and adaptability to manage your life without the restrictions with the nursing home facility.

Assisted Living Rossmoor CA

These communities are an equalizing melting pot stuffed with people who require assistance everyday and the people who care for them. Assisted living homes are popular alternatives to convalescent homes not only because of the independence issue, and also because they are less expensive in comparison. In an assisted living facility, support is provided to individuals that still wish to live as independently as possible but additionally need a hand with certain lifestyle activities. She did start to struggle with simple things like dressing and washing, neither of which was helped through the emergence of arthritis. That?s why assisted living homes generally offer numerous methods for patients to get acquainted with facility programs.

Assisted living for seniors may be the middle ground in-between a normal home and an elderly care facility. However, assisted living does not provide the non-stop medical needs that an elderly care would. You can check with all the programs director at any facility to explore particular programs, but here are a few in the types of activities you?ll be able to commonly find. Assisted living provides you while using ability to live in an apartment, probably comparable to one you lived within your younger years, with medical staff and the ones your own age offered to suit your medical and personal needs. Prepare a report on specific way of life activities that you would like assistance with and ask about the services available from each residence you are considering.

Caregiver Rossmoor CA

The health care, let alone the constant supervision, inflates the buying price of running an elderly care, and thus inflates your costs. The atmosphere in the suites and studios in an assisted living community are usually home-like including kitchenettes supplying the resident the choice to dine alone or perhaps in a community dining-room. Housekeeping, dressing, laundry, transportation and taking medications are some examples; there are numerous ways in which guidance is generally provided. Assisted living has emerged as one of the most viable options in elder care, and it is no wonder. If you are someone who will not have big health care demands, home based care may be the best option for you.

One section of staying healthy is staying busy all night . an active social life. For those who need to continue living the unrestricted life they have got always known, it appears as a blessed alternative to nursing home care. Ever single person who works in an assisted living is a caregiver in a single way or some other. There are a lot of possibilities when referring to finding a place to live outside of your own home. As we and our family members age, choosing between home based care, assisted living and assisted living facilities is a big and important decision.

For more details please visit http://www.inhomecarerossmoor.com

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Autism Expressed Helps Autistic Children Learn About The Internet

The internet is an incredibly powerful tool, but it's also a very dangerous place. Because of this, children with autism and other disabilities often can't leverage the power of the web, which is a place where you should be able to learn anything. But Autism Expressed, a startup we discovered on our TC Philly Mini Meetup, is looking to educate autistic children about the internet so that they can have a safe surfing experience and enjoy social media like the rest of us.

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Sandusky lawyers raise appeal issue on timing

BELLEFONTE, Pa. (AP) ? Jerry Sandusky's lawyers said Saturday they tried to quit at the start of jury selection in his child sex abuse trial because they weren't given enough time to prepare, raising an argument on the trial's speed that could become the thrust of an appeal.

And one of the jurors who convicted Sandusky of 45 child sex abuse counts said Saturday he was swayed by the "very convincing" testimony of eight accusers who said the ex-Penn State assistant football coach molested them for years.

"It's hard to judge character on the stand, because you don't know these kids," juror Joshua Harper told NBC's "Today" show. "But most were very credible ? I would say all."

A day after Sandusky's conviction, his lawyers disclosed they felt too unprepared to adequately defend him because of how quickly the case was brought to trial. Experts have said the seven months between Sandusky's November arrest and trial was fast-paced by Pennsylvania standards.

"We told the trial court, the Superior Court and the Supreme Court we were not prepared to proceed to trial in June due to numerous issues, and we asked to withdraw from the case for those reasons," attorney Joe Amendola told The Associated Press.

The issues included a scheduling conflict with a defense team member and the need to read a cache of documents produced by a lengthy grand jury investigation. Judge John Cleland denied their request.

The attorneys raised other issues that could be part of the future appeal, saying a mistrial was sought and denied over a repetition at trial of a brief part of a November interview Sandusky had with NBC's Bob Costas.

Jurors in the two-week trial convicted Sandusky of 45 of the 48 counts against him, meaning Sandusky, 68, likely will die in prison.

Harper said the accusers who testified one by one of horrific abuse at Sandusky's hands were each believable, "but then also the fact that we saw this corroborating story between all of them. It was very convincing."

Then Sandusky's impassive face when the verdict was read was confirmation for the jury, he said.

"I looked at him during the reading of the verdict and just the look on his face. No real emotion," he said, "because he knew it was true."

Harper said jurors had some issues with the testimony of Mike McQueary, a then-assistant who said he saw Sandusky assaulting a boy in the Penn State showers in 2001; jurors acquitted Sandusky on one count relating to the incident.

The case is poised to move to an investigation of university officials' role in reporting the charges; two ex-school administrators face trial on charges they didn't properly report McQueary's account of the suspected abuse in 2001.

Almost immediately after the verdict, Penn State President Rodney Erickson signaled an openness to quickly settle potential civil lawsuits arising from the convictions, saying the school "wants to provide a forum where the university can privately, expeditiously and fairly address the victims' concerns and compensate them for claims."

The university recently reported a $1.8 billion endowment. But both sides have reasons not to want to go to court, said Jason Kutulakis, a Harrisburg-area lawyer who specializes in child welfare and juvenile law. Victims are reluctant to get on the stand and have their credibility attacked, he said.

But "Penn State's got so much egg on their face, they probably just want to make it all go away," he said.

For now, the school is facing one lawsuit from an accuser, Travis Weaver, who was not among those represented in the criminal case against Sandusky.

Lawyers for McQueary, who testified against Sandusky, have signaled their intent to sue, along with a lawyer for one accuser, so-called Victim 5.

Jeff Anderson, who represents Weaver, said that he represents more victims of Sandusky's and that he will ask the court to allow him to begin seeking information from Penn State in Weaver's case.

The next step is to determine the extent of Penn State's culpability, lawyers say. In part, that means finding out who in the university's upper ranks knew Sandusky was preying on boys and could have stopped it.

The former Penn State officials facing charges, athletic director Tim Curley and retired vice president Gary Schultz, are charged with lying to a grand jury about what they knew of a 2001 incident in which McQueary said he saw Sandusky assaulting a boy in a football team shower.

A separate investigation by ex-FBI director Louis Freeh, who was hired by Penn State's board of trustees to investigate the university's handling of the Sandusky allegations, is due later this summer.

Hall of Fame coach Joe Paterno was fired for a failure of leadership for not going to the police after McQueary told him about that incident. The scandal also caused the departure of university president Graham Spanier.

Philadelphia-based lawyer Fortunato Perri Jr., who followed the trial, said the jury's dismissal of the charge involving the 2001 shower incident could help Curley and Schultz' defense.

"You've now had a jury kind of preview your case with respect to the credibility of McQueary, and they didn't believe him," Perri said. "Who knows if the next jury would believe him or not believe him?"

But the administrators' attorneys would probably be precluded from introducing the acquittal evidence at the separate trial, Perri said.

Sandusky's sentencing should be in about three months; an exact date hasn't been set. Because of the severity of the charges and mandatory minimum sentences he faces an effective life sentence.

Until his next court date, Sandusky is one of 272 inmates at the Centre County Correctional Facility, seven miles from the Penn State campus. He was kept under watch overnight and is allowed access to some personal items including a prayer book, and can get visits from family, friends and attorneys.

Rominger said he planned to visit him on Sunday.

___

Associated Press writer Marc Levy in Harrisburg, Pa., contributed to this report.

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China to conduct manual space docking

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Charlie Sheen to play prez in 'Machete' sequel

Mario Anzuoni / Reuters

By Bruna Nessif, E! Online

Can you imagine a country run by Charlie Sheen??Well, now you don't have to!?Director Robert Rodriguez announced via Twitter that he has cast the former "Two and a Half Men" star as the president of the United States for his upcoming film, "Machete Kills."

READ: American Idol's Jessica Sanchez in talks to join "Glee!"

"I just cast Charlie Sheen in #machetekills as the President of the United States! Who better? More soon...?http://yfrog.com/h38lgnuj," Rodriguez tweeted along with a photo of himself and our future onscreen commander in chief.

GALLERY: Charlie Sheen: Quote machine?

And, of course, Sheen forwarded the news to his own Twitter family with the proper lead-in, "My Fellow Americans!" He's got this role down pat.The film, which also stars Michelle Rodriguez, Amber Heard and Mel Gibson, is a sequel to the 2010 film ?"Machete" and is slated for a 2013 release.?

Does this casting make you want to see the movie? Tell us on Facebook.

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U.S. expects record $60 billion in arms sales in 2012

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Google Maps live traffic updates served up to seven new regions, 19 more get 'expanded coverge'

Ready for yet another dose of news related to Google Maps? The service's live traffic update functionality has been expanded yet again, and now seven more cities including the likes of Mexico City and Greater Johannesburg, South Africa can join in on the action. Better yet, 19 other major areas that already get traffic information are receiving "expanded coverage" for their roads. Naturally, all of the new goods are accessible through Google's various Maps apps by simply enabling the traffic layer. If you're eager to start scouting the traffic flow, you can hit up source link below to find out whether your locale is on the list.

Google Maps live traffic updates served up to seven new regions, 19 more get 'expanded coverge' originally appeared on Engadget on Fri, 22 Jun 2012 10:27:00 EDT. Please see our terms for use of feeds.

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Online video of NY bullying stirs passion, anger

In this June 20, 2012 photo, Karen Klein, 68, of Greece, N.Y., talks about the verbal abuse she endured from Greece middle school students while she was school bus monitor. Since the incident was captured in a 10-minute video posted to YouTube, more than $120,000 has been raised to send the grandmother on vacation. The Greece School District is investigating the incident. (AP Photo/Democrat & Chronicle, Jamie Germano) MAGS OUT; NO SALES

In this June 20, 2012 photo, Karen Klein, 68, of Greece, N.Y., talks about the verbal abuse she endured from Greece middle school students while she was school bus monitor. Since the incident was captured in a 10-minute video posted to YouTube, more than $120,000 has been raised to send the grandmother on vacation. The Greece School District is investigating the incident. (AP Photo/Democrat & Chronicle, Jamie Germano) MAGS OUT; NO SALES

A video of four seventh-grade boys mercilessly taunting a 68-year-old bus monitor in New York state that went viral has turned the victim into an international fundraising juggernaut and opened her tormentors to an onslaught of threats and abuse.

From around the world, small donations for Karen Klein poured into the crowd-funding site indiegogo.com, at one point crashing the site and pulling in a staggering $443,057 by early Friday.

At the same time, police in the Rochester suburb of Greece, N.Y., were stepping up patrols around the houses of the middle-schoolers accused of taunting her. Police didn't name the boys but their purported identities leaked out on the Web.

Greece Police Capt. Steve Chatterton was compelled to warn against vigilante justice. One boy received more than a thousand death threats and commenters online were clear ? and sometimes venomous ? in their desire that the boys be severely punished.

"A threat for a threat does not make the situation better," Chatterton said at a news conference Thursday afternoon.

The verbal abuse was captured in a 10-minute cellphone video recorded Monday by a student of Athena Middle School and later posted to YouTube. The video shows Klein trying her best to ignore the stream of profanity, insults and outright threats. One student taunted: "You don't have a family because they all killed themselves because they don't want to be near you."

Klein's oldest son killed himself 10 years ago.

Eventually, she appears to break down in tears.

The swell of support for Klein follows a recent surge in awareness of bullying that has brought the issue from the classroom to the stage and screen to the White House. Bullying expert Stephen Birchak, a professor of counseling at Albany's College of Saint Rose, said the enormous flow of money for Klein is no surprise given the shame we feel as a society over the incident.

The stickier question is: How could the students be so cruel?

Birchak noted that the kids are growing up in a world of harsh political debates and reality TV shows in which berating people is part of the entertainment. Meanwhile, taking videos of people in humiliating situations and sharing the images has become all too normal among many adolescents, "Kids are growing up saying, 'OK, this is how you treat your fellow human being and it's OK to do those things,'" he said.

Police said Klein does not want the boys to face criminal charges, partly because of the storm of criticism leveled at them.

Klein told NBC's "Today" show Thursday that it took "a lot of willpower" not to respond to the jeers from the four boys riding the bus operated by the Greece Central School District. Klein said she was "amazed" at the support she received.

"I've got these nice letters, emails, Facebook messages," she said. "It's like, wow, there's a whole world out there that I didn't know. It's really awesome."

Klein did not immediately return a call from The Associated Press seeking comment.

The fundraiser flew past its goal of $5,000, initially designed to send the grandmother of eight on a "vacation of a lifetime." Some 20,875 people had donated by early Friday, many in denominations of $20 or less.

"You want to jump into that bus and you want to grab those kids and say 'Knock it off!' And you want to hold her," said Amy Weber, a 43-year-old independent filmmaker from the Detroit area who pledged $100.

"I think we hear about bullying every day and we become a little desensitized to it. This puts it in our face" said Weber, who is making a feature film about a bully.

Slava Rubin, Indiegogo's chief executive officer and co-founder, called the outpouring "an incredible campaign."

"We're seeing good Samaritans come together to support this brave woman, and we hope that this campaign contributes positively to the important national discussion about bullying," Rubin said in a prepared statement.

The boys had not yet apologized to Klein as of Thursday afternoon, though police said they regretted their acts. The district will pursue disciplinary actions against all four students.

___

Carola and Hill reported from Albany. Associated Press writer Mary Esch in Albany contributed.

Associated Press

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Putin hopes to visit London Olympics to watch judo

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Megan Smolenyak: Does Accuracy in History Matter? The Case of ...

I reviewed American Tapestry, a book about Michelle Obama's ancestors by Rachel Swarns, a couple of weeks ago, but with the release imminent, a number of articles associating me with the book have appeared, necessitating some clarification. In 2009, I spent eight months researching the first lady's family tree back four or five generations on all branches. A portion of my findings found their way to the front page of the New York Times in an article by Ms. Swarns and Jodi Kantor, while considerably more of my discoveries were shared online. And as can be seen from these blue flags indicating snippets of my research, quite a bit also turned up in American Tapestry, which is why I'm uniquely situated to comment on the book.

American Tapestry by Rachel Swarns includes many details first unearthed by Megan Smolenyak in 2009 (as shown by post-its)

In my previous review, I shared my disappointment that so little new information had been uncovered during the past two years and my bafflement over the exclusion of more than a third of Mrs. Obama's ancestry, including the minimal attention given to southern Virginia, the region that holds more of her heritage than any place else. And that, I thought, was that, but a recent article by the author has unexpectedly pulled me back to remark further.

It Wasn't Me!

In preparation for the book's release, Ms. Swarns published a piece in the New York Times featuring the use of DNA testing to confirm the long-suspected link of Dolphus Shields (a second great-grandfather) and his mother Melvina to the Shields family that once owned Melvina. In short, the father of Dolphus appears to have been Charles Marion Shields, whose mother inherited Melvina from her father's estate. To many, this is no surprise. It is, in fact, a depressingly familiar tale to those of us who dwell in the genealogical world.

For a number of reasons, the emphasis on this part of the first lady's family history has led to the impression that I was involved. Perhaps it's because some kindly recall my original research or are aware of my long-time involvement with genetic genealogy. During the last election cycle, I traced Barack Obama's roots to Moneygall, Ireland, so the Irish origins of this Shields family may have caused some to assume that I had done the same for his wife. But in spite of the fact that my research is evident throughout and Ms. Swarns briefly mentions me as "the genealogist who discovered Melvinia and Dolphus Shields and many other ancestors of Michelle Obama," I did not participate in this book. In essence, my original research produced a road map that the author followed, but I didn't go on the journey with her.

It's true that as the co-author of a popular book on genetic genealogy, I'm well-versed in how to use DNA testing to confirm or refute whispered family tales, and as an Irish-American genealogist, I enjoy ferreting out previously hidden Irish heritage in the family trees of notables, but this case is different. I'll confess that I was sorely tempted to delve into genetic testing to solve the Shields and other family riddles. After all, I've done it on my own and a number of other families, ranging from the Haleys (of Roots fame) to Cory Booker's, but in those instances, the principals were aware of the testing. And though I'm a strong proponent of genetic genealogy, I ultimately could not make my peace with DNA testing a sitting first family by proxy (that is, by testing distant cousins). As to Mrs. Obama's apparent Irish heritage, it cannot be ignored that the circumstances are entirely different from her husband's, so my usual tendency to celebrate such a discovery is considerably dampened, even though my own mother was also a (non-related) Shields of Irish ancestry.

How Much Speculation Is Okay?

There's a curious parallel between my presumed participation in this book and my biggest concern about American Tapestry, and that's that they both involve our tendency to jump to conclusions -- and that, in turn, affects accuracy. If something seems plausible and comes from what's regarded as a reliable source, people will often believe it - which explains why media outlets from three countries have reached out to me as I've been writing this. In my case, the misunderstanding is easy to rectify, but what about the book which will leave a far more permanent imprint?

I alluded to this concern in my earlier review when I mentioned "areas of confusion and leaps of faith" and noted "an element of wishful thinking and embellishment that wasn't necessary given how fascinating the first lady's family story is on its own merits." Since then, Edward Ball, author of Slaves in the Family, has raised similar issues in his review:

Another problem is the heavy use of plot points that "probably" happened. In the absence of letters and written remembrance, Swarns relies too much on the conditional mood. Characters "would have," "could have" and "may have" done things, until speculation becomes a stylistic tic.

At what point does such intensive speculation become misleading and how much responsibility does the writer of a book of this nature have to accurately portray events? Being so well acquainted with Michelle Obama's family tree, I immediately spotted places where the author ventured off the road map and into fields of family lore and flimsy evidence. For instance, a chapter titled "Exodus" explores the Moten branch's escape from slavery -- not surprisingly, one of the more compelling chapters of the book. Just one problem: she never proves that it happened.

A browse of the end notes reveals that the "substantiation" is a combination of family lore provided by one individual and an 1870 census record. This 1870 document records a child in the family as having been born around 1863 in Illinois, suggesting that they may have been in this free state before Emancipation -- but there's no mention of the multiple documents for this same person indicating that she was born in Kentucky, which was a slave state at the time. So is the story true or not? It's hard to say.

One of the most frustrating aspects of genealogical research is that proof often eludes us, and family lore is a shaky edifice upon which to construct our history (the fact that this same chapter discusses possible Cherokee heritage, again based purely on family lore, should cause even non-genealogists to raise an eyebrow). So does this mean this story shouldn't be included? Not necessarily, but is it reasonable to lavish an entire chapter on an alleged escape from slavery, leaving readers the impression that it actually happened?

While I've scratched my head over the recent trend of trying to hold public figures like Marco Rubio and Elizabeth Warren accountable for the veracity of inherited family lore (you'd be surprised how many Americans are convinced that they're part Cherokee or that their names were changed at Ellis Island simply because Grandpa said it was so), it seems sensible that anyone writing a family history book for public consumption should make every effort to aim for the truth. Why would the standard be higher for those who unwittingly inherit embellished tales than for those who write books about them?

Of Strivers and Schmucks

Edward Ball also remarked on another pattern I noticed in the book:

A drawback of the book is that Mrs. Obama's ancestors are presented as having an obsession with uplift. They seem always to be seeking and striving. ... Personal journeying is not what ordinary folks, swamped with work and kids and grief and laughter -- and weighed down by the additional burden of racism -- have tended to do. Striving is a sentiment we like to project back onto the dead.

While I agree with Mr. Ball, I think the author is simply following a trend I wish we could find a way to put the brakes on. Having worked on a number of TV shows, I'm struck by the frequent sanitization of history and herofication of our ancestors. As someone who mucks about in genealogy on a daily basis, let me tell you the truth. Some of our ancestors were noble and worthy of our admiration. In fact, many of those grim-faced forebears captured in sepia make us look like wimps by comparison. But just like us, some of them were total schmucks, and frankly, those relatives can often be the most interesting, so I would like to see Ms. Swarns and others find the courage to share more balanced renditions of our predecessors' stories going forward. Ancestor worship is not a requirement.

Perhaps many reading this will consider me a relic to place so much weight on accuracy. If so, I suppose it's an occupational hazard as a genealogist's worth is measured largely in credibility, but what do you think? Does accuracy in history matter or is it just a quaint notion?

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Follow Megan Smolenyak on Twitter: www.twitter.com/megansmolenyak

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Rock Climbing ? When Was The Last Time You Challenged ...

When was the last time you challenged yourself? You don?t have to climb Mount Everest to conquer something extraordinary. The renowned mountains around Boone, North Carolina can provide the same sense of adrenaline-rich accomplishment. Mountain climbing is not simply the act of scaling a mountain, but it encompasses a unique engagement with nature. Far removed from the hustle and bustle of drab city life, one can truly be consumed by the beauty and peace that Mother Nature has to offer. Work alongside her as you utilize the mountain?s natural landscape to aid in your quest. Untouched by human interference, it is easy to get lost in the moment, as you take advantage of this incredible opportunity to build character and connect with nature.Realized as early as the Victorian era, mountaineering has been a prominent practice in Britain since the late 19th century. Originally purposed to seize enemy castles, build alters for Mountain spirits, or construct watchtowers, mountain climbing evolved from a tactical necessity to a recreational sport. Along with the objective, the tools developed gradually. Safety has become prominent, with the introduction of carabiners, harnesses, descenders, helmets, pitons and anchors. The technique has remained basically the same over the years, but the sport has become more tailored to include adventurers from all aspects of ability.The Appalachian Mountains encompass hidden gems of exploration and adventure. Grandfather Mountain with its mile high swinging bridge, has some of the most stunning and exposed mountain terrain you?ll ever experience. Panoramic views add to the thrill of this engineering marvel. The vast wildlife will create unforgettable encounters. It?s no coincidence visitors travel from far away to witness the incredibly expansive landscape. Don?t be left out this spring ? check off Grandfather Mountain from your bucket list.While navigating your own mountain tour may be a bit intimidating, a good tour guide can craft an equally challenging course that is attainable for any skill level. Whether you?re master of mountains or a willing novice, you?re sure to be challenged. An experienced guide will lead you through an Appalachian expedition while incorporating a little geological knowledge. Combining recreation, education, and of course safety, a guide in Boone, NC is sure to deliver an unforgettable experience. A good Retreat Lodge can help you book a day trip for your convenience and can provide facilitators for your group. Experience is no criteria for this adventure. The facilitator will advise the degree of expertise needed. So what are you waiting for? Accomplish your personal Mount Everest.

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Peter Baksa: Is Respect Key to Creating Greatness?

Wise actions flow naturally from the right principles. When respect directs our daily choices, all our interactions are in harmony with our greater good. Respect for ourselves, one another, and for life itself should be at our core lighting the path for us. Knowing this basic principle, wise actions and words flow naturally. Founders of the Myers-Briggs personality test suggest that no matter how much people differ in background or temperament, three basic qualities underlie any enduring relationship, and they are: understanding, appreciation, and respect. Buddhism teaches compassion for all living things, Confucianism upholds jen, "human heartedness," respect for others as a foundation of all virtue.

Living respectfully is an essential leadership principle. I posit that respect is the key to personal power. Our real power as humans comes when we can relate to others from our hearts rather than from our brains. Our energies contract when we concentrate on ourselves and the way we look. (See my book, It's None of My Business What You Think of Me.) Instead of self-consciously posing or performing, I suggest that one takes a "host" mentality, focusing on how to serve others. Instead of talking -- listen, observe, and seek the spark of greatness in the person you are with. We inspire others by making that spark come alive.

We are flooded in the media with the stereotyped hero, often violent, flashy, tough, emotionally repressed and ultimately unreal. Real strength is strength of character. Real heroes combine courage and compassion living respectfully and transcending difficulty to create new possibilities, like bamboo, flexible yet strong. How can we be more gentle and kind -- now this is true strength and the mark of a true hero.

In this competitive, confusing world that emphasizes the bottom line and short-term economic gains, we see our leadership rise and fall with each cycle. Those who rise above draw on deeper principles, inspiring trust and loyalty in the people around them. Without respect, life is like a roller coaster ride from one sensational experience to the next. Relationships are superficial, and people become ruthless. Without mutual respect, the alchemy of cooperation and creativity cannot exist. Without trust that engenders respect, we will not take risks. The new paradigm of cooperative leadership is impossible without respect.

The lesson of respect is holistic. We can only love another to the extent that we love ourselves. One way to increase self-respect is through advancement in self-discipline. We must unlearn self-limiting habits by replacing them with healthy ones. Self-respect requires self-discipline -- in fact, self-discipline is the backbone of self-respect. I have been running three to five miles per day since the age of 14. I often head out in the middle of January along the shores of Lake Michigan with the Chicago windchill factor falling below negative 14 degrees. My neighbors and the doorman at my building are often shocked as they see me either leaving or coming back from these painful runs. I find that this ritual has a positive effect on my self-esteem and self-respect, and is an example of how I ritualize my advancement of self discipline. The trick or ritual I offer up here is very simple. Make your exercise routine slightly tougher than you would like it. Make it a daily ritual vs. an on-and-off idea that you can skip if something comes up. This ritual must become a part of your life vs. a diversion. I also suggest setting routines for any other area in your life that you seek improvement in. You will find that by ritualizing, you leave out inconsistency as a factor and your advancement is tenfold.

Self-respect requires time for regular tending. I use the example of tending to yourself as though you were tending to a garden. Like a plant that requires water, pruning, or further cultivation, take time daily to affirm your spiritual connection and affirm your physical health -- and most importantly, we must tend to the other humans in our life. By tending to others, we begin the cycle of giving; we put gratitude into action. When gracious, we cannot be fearful or angry at the same time. By making this into a habit, we begin the transformation process of the soul. We alter our frequency, our consciousness, and we begin to attract better, matching life situations, people and circumstances. We are spiritual beings having human experiences. It is crucial to acknowledge this fact to remain close to our source. Separation is when we are in ego, when we believe we are our bodies. When in ego, we respond with anger and fear. When in spirit, we respond with love, compassion, understanding. Like water removed in a cup from the ocean (its source) and placed on a table in the sun, it changes form, evaporating into the sky always to be returned to source (the ocean). We are like the water, always in spirit, always connected but in a different form. As we recognize that we, like the water, are always the same as source, we see our power. We are spirit; we are God; we are immortal. This is self-respect; this is self-esteem at the highest attainable level. It is from this level of consciousness that we can move mountains, attract miracles, heal ourselves, love our neighbors and our partners more aptly. Be gracious, be humble, be open -- you will begin to see the synchronicity as your self-discipline turns into self-esteem and how the quality of life immensely improves as a result of this newfound ritual and higher level of self-respect.

Many thanks for your "likes" and thoughtful commentary. Your participation is appreciated and your recognition is always honored. Best, Peter

For more by Peter Baksa, click here.

For more on spiritual development, click here.

"Think Yourself Young" now available on Kindle -- I discuss diet and meditational techniques according to the Tibetan Monks that I was able to interview living amongst them while at the Lama Temple in Beijing, China. These folks appear to be able to stop physiological time dead in its tracks, with the net result being a high-quality life beyond 120 years.

Peter Baksa has written The Point of Power and It's None of My Business What You Think of Me! available now on Amazon.

Bonus: Like Peter on Facebook today and receive a free chapter of The Point of Power.

Follow Peter Baksa on Facebook.

Follow Peter Baksa's blog.

Check out this live interview.

Copyright 2011, 2012.

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Follow Peter Baksa on Twitter: www.twitter.com/peterbaksa

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Summer Solstice: 8 Sunny Ways to Celebrate

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