Real Estate Agents Who Practice Law: Why It's a Bad Thing ...

(Craig authored this post)? I just commented on a post on Rain City Guide by the prolific and highly-regarded blogger Ardell DellaLogia.? She raises an interesting issue regarding the interplay between an unsolicited cover letter enclosing an offer?from a potential buyer and laws that prohibit discrimination.? As I note in my comment, the issue is worthy of some in-depth analysis.? But having just returned to the office from a one-week vacation ? :-( ? I simply don?t have the time for such research and thought.?

However, her post also wonderfully illustrates the fact that many agents routinely exceed their legal authority in regards to the practice of law.? In the seminal case of Cultum v. Heritage House, the Washington Supreme Court granted agents the authority to practice law but only to a very limited extent.? Specifically, agents can complete blanks in pre-printed forms that have been drafted and approved by attorneys.? That?s it, that?s the only service that an agent can provide that otherwise must be provided by a licensed attorney.? I have no doubt that an agent is not authorized to identify applicable laws or to counsel clients as to how to comply with them.?

Do agents routinely cross the line into the unauthorized practice of law?? As reflected by Ardell?s post, and in my experience, I think the answer is pretty clearly ?yes.?? There is admittedly an argument to be made that this limitation is bad for consumers, inconsistent with how the system routinely operates, and only serves to protect attorneys? economic interests.? But without getting into that deeper issue, it?s apparent that agents routinely provide legal services for which they are neither trained nor authorized to provide.

Why is that bad?? At least two reasons.? First, it should be a concern anytime a professional exceeds the scope of his or her training and licensing.? Quite simply, the professional is not qualified to provide the service, and therefore the quality of the service must be suspect.? Second, and as I note in my comment, you can rest assured that the agent (or, more accurately, the attorney appointed by the agent?s insurance carrier) will disavow any obligation to provide this service.? In other words, there is a reasonable chance that you will rely on the advice given to your detriment without any recourse against the professional who provided the bad advice in the first place.

So beware the agent who provides legal advice.? If you want legal advice, you should hire?a lawyer.? Does a buyer or seller benefit from having to access to legal advice?? Absolutely, as Ardell?s post suggests.? Just don?t rely on your agent to provide it.

On a completely unrelated note, have I mentioned that, when you hire WaLaw, you also hire Blackmon Holmes, a law firm focused on residential real estate?? ;-)

Related posts:

  1. The Economist view on traditional agents: ?the realtor rip-off?
  2. Real Estate Agent Commissions and Fees: How They Work and How To Pay Less
  3. Buying or Selling a Home with a Real Estate Agent: How They ?Earn? Their Commission
  4. The Home Buying Process with WaLaw Realty: Using a Lawyer as a Real Estate Agent
  5. Can a Buyer or Seller Sue her Real Estate Agent? Yes, But?

Posted by Craig

Source: http://walawrealty.com/2012/08/real-estate-agents-who-practice-law-why-its-a-bad-thing/

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Electronic cigarettes do not damage the heart, study suggests

ScienceDaily (Aug. 25, 2012) ? Smoking is the most preventable risk factor for cardiac and lung disease and is expected to cause 1 billion deaths during the 21st century. Electronic cigarettes have been marketed in recent years as a safer habit for smokers, with several millions of people already using them worldwide.

Electronic cigarettes simulate the effect of smoking by producing an inhaled vapor. The device consists of a battery, a cartridge containing liquid and a heating element which gets warm and evaporates the liquid. Laboratory analyses of the liquids show that they are less toxic than regular cigarettes. Most studies have found no nitrosamines, but even in studies where nitrosamines were found, the levels detected were 500-1400 times less than the amount present in one tobacco cigarette. This means that electronic cigarettes must be used daily for 4-12 months to get the amount of nitrosamines present in a single tobacco cigarette.

Since heart disease is the main cause of morbidity and mortality in smokers, with 40% of deaths in smokers due to coronary artery disease alone, the research team decided to perform the first clinical study of the acute effects of electronic cigarettes on cardiac function. They decided to compare their results with the acute effects of regular cigarettes on cardiac function since electronic cigarettes are marketed to smokers only, as an alternative habit.

Previous studies from the research group and several others have shown that acute smoking inhalation produces significant defects in myocardial function. This indicates that subclinical dysfunction is already present in apparently healthy asymptomatic young people who smoke tobacco cigarettes. The goal was to evaluate whether these signs of preclinical disease appear in a similar population after using electronic cigarettes.

The researchers measured myocardial function in 20 healthy young daily smokers aged 25-45 years before and after smoking one tobacco cigarette and 22 daily electronic cigarette users of similar age before and after using the device for 7 minutes.

Experienced users of electronic cigarettes were studied because they use the device more intensively than first-time users. Although both groups were of equal age, users of electronic cigarettes had a 44% higher lifetime tobacco smoking exposure compared to current smokers.

For the electronic cigarettes, a commercially available liquid with a nicotine concentration of 11mg/ml was used (NOBACCO USA Mix). This was tested by an independent toxicology laboratory and found to contain no nitrosamines or polycyclic aromatic hydrocarbons.

Myocardial function was examined using cardiac ultrasound (echocardiography) and hemodynamic measurements (blood pressure and heart rate).

The researchers found that smoking one tobacco cigarette led to significant acute myocardial dysfunction but electronic cigarettes had no acute adverse effects on cardiac function. Smoking a tobacco cigarette had important hemodynamic consequences, with significant increases in systolic and diastolic blood pressure and in heart rate. In contrast, electronic cigarettes produced only a slight elevation in diastolic blood pressure. Dr Farsalinos said: "This is an indication that although nicotine was present in the liquid used (11mg/ml), it is absorbed at a lower rate compared to regular cigarette smoking."

The echocardiography examination focused on the function of the left ventricle, the part of the heart that receives oxygenated blood from the lungs (filling or diastolic phase) and then delivers the blood to the whole body (pumping or systolic phase). The investigators found significant defects in the diastolic phase of left ventricular function after smoking one cigarette, with four echocardiographic parameters indicating worsening function. In contrast, none of the echocardiographic parameters showed any significant worsening in subjects after using the electronic cigarette. "Diastolic dysfunction is very important because it is usually the first defect that is detected before any clinically-evident cardiac disease develops," said Dr Farsalinos.

He added: "It is too early to say whether the electronic cigarette is a revolution in tobacco harm reduction but the potential is there. It is the only available product that deals with both the chemical (nicotine delivery) and psychological (inhaling and exhaling 'smoke', holding it, etc) addiction to smoking, laboratory analyses indicate that it is significantly less toxic and our study has shown no significant defects in cardiac function after acute use."

Dr Farsalinos continued: "More clinical studies need to be done before suggesting that this is a revolutionary product. However, considering the extreme hazards associated with cigarette smoking, currently available data suggest that electronic cigarettes are far less harmful and substituting tobacco with electronic cigarettes may be beneficial to health."

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The above story is reprinted from materials provided by European Society of Cardiology (ESC).

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Disclaimer: This article is not intended to provide medical advice, diagnosis or treatment. Views expressed here do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/top_news/top_health/~3/S1jZSotFW3g/120825155658.htm

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Fox Sports: Majerus to take leave of absence from SLU

Rick Majerus is taking a leave of absence from his duties as head coach at Saint Louis University for health-related reasons.

After leading the Billikens program to its first NCAA Tournament appearance since 1998, Majerus has decided to step away from the game due to cardiovascular issues. ?

"Rick is in a California hospital undergoing evaluation and treatment for an ongoing heart condition," Director of Athletics Chris May said. "His health is the most important issue right now, and our hope is for full and complete recovery."

Assistant Jim Crews will take over as head coach.

Crews spent 17 years as the head coach at Evansville, where he amassed a 294-209 record. He also played at Indiana under Bob Knight.

"Jim Crews is a long-time professional and is all-in with the task of leading the program this year," May said. "He has led teams to numerous NCAA Tournaments, which is our goal. We welcome and encourage the Billiken faithful and the community to rally around this group of young men as we continue to prepare for what promises to be an exciting basketball season."

Saint Louis has not made a decision about the head coaching position for the 2013-14 season.

"Coach Majerus is not only a colleague, but a dear friend, so this is a difficult time," Crews said. "We are fortunate to have a group of outstanding young men. This past year, they have been a delight to work with, and our staff is excited to serve them. Hopefully, our fans will rally behind this team and enjoy a great season."

Majerus took over Saint Louis in 2007, compiling a 95-69 record in five seasons on the bench, including the Billikens first NCAA Tournament win since 1998. Majerus? 25-year career record of 517-216 stands among the elite in college basketball for active coaches.

Majerus began his head-coaching career at Marquette, his alma mater, where he served in the role from 1983 to 1986. He coached Ball State from 1987 to 1989 after a short stint as an assistant coach with the NBA?s Milwaukee Bucks. Utah hired him before the 1989 season and led the Utes to the Final Four in 1998. He left Utah in 2004.

Academic records were as much of the Majerus mantra as his wins on the court, always gushing over his players achievements in the classroom whenever he had the chance. In five seasons with the Billikens, he had eight players earn Academic All-Conference honors, the most by any A-10 program during that span. Included in that group was Brian Conklin, who was named an Academic All-American last season.

"I appreciate what Rick has done to return SLU men?s basketball to national prominence," University President Lawrence Biondi, S.J. said. "I know that he would like to be here with his players and coaches this season, and all of us at SLU will keep Rick in our thoughts and prayers during this difficult time."

Source: http://www.bbstate.com/news/577965

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Amazon and NBCUniversal expand Prime Instant Video deal, let you stream Parks and Rec in one place

Amazon and NBCUniversal Cable & New Media Distribution today announced a deal that will expand the mega-retailer's streaming selection by hundreds of episodes, including the likes of Parks and Recreation, Parenthood, Friday Night Lights, Heroes and Battlestar Galactica. Prime users will be able to check out older seasons of those shows on their computers, iPads, Xbox 360s, PlayStation 3s and, of course, Kindle Fires. Non-Prime subscribers can also try out Prime Instant Video's 22,000 movies and TV shows for one month, gratis. More information and lots of excited quotes about the deal can be found after the break.

Continue reading Amazon and NBCUniversal expand Prime Instant Video deal, let you stream Parks and Rec in one place

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European stocks recover from nervous session

European stock markets recovered from early losses Friday, as investors struggled to find direction amid receding hopes of fresh economic stimulus from the Fed and diplomatic manoeuvring on Greece.

London's benchmark FTSE 100 index of top companies ended the day unchanged at 5,776.6 points, while in Frankfurt the DAX 30 gained 0.31 percent to 6,971.07 points and in Paris the CAC 40 edged up 0.02 percent to 3,433.21 points.

US stocks also reversed gear in midday trading with the Dow Jones Industrial Average up 0.49 percent and the tech-heavy Nasdaq rising 0.40 percent.

The European single currency fell to $1.2532 from $1.2562 late in New York on Thursday, when it had struck a seven-week peak at $1.2590.

Markets crawled back into the green in the final minutes of trade on "reports the European Central Bank was exploring setting yield targets on market borrowing prices," said Alexandre Baradez, analyst at Saxo Bank in Paris.

Sentiment was bearish most of the session with continued speculation over new stimulus measures in the United States after minutes released this week from the Federal Reserve's latest policy meeting showed US central bankers worried about slowing growth.

British growth figures, showing gross domestic product shrank 0.5 percent between April and June, also weighed on the mood. That tallied with expectations and marked an upgrade from the prior estimate of a 0.7-percent contraction.

Britain was already in recession after posting two successive negative quarters since late 2011. The economy shrank by 0.4 percent in the fourth quarter of last year and by 0.3 percent in the first quarter of 2012.

Concerns about Greece added to the nervous day, with Prime Minister Antonis Samaras meeting German Chancellor Angela Merkel as Athens struggles to meet reform conditions for continued financial aid.

Merkel offered Samaras a ray of hope, stressing that she wanted debt-burdened Greece to stay in the eurozone and pledging German help.

"I am deeply convinced that the new Greek government, under the leadership of Prime Minister Samaras, is doing everything to solve the problems that Greece is facing," the German chancellor said following the talks.

Merkel has said she is waiting for the so-called troika of auditors from the European Union, International Monetary Fund and the European Central Bank to complete a review of Greece's performance under the bailout plan before agreeing to revisit any terms.

Samaras goes on to meet French President Francois Hollande in Paris on Saturday.

Borrowing costs for Italy and Spain rose meanwhile, with the interest rate or yield on 10-Italian bonds at 5.716 percent on public debt markets, compared with 5.699 percent on Thursday.

Spain's 10-year rate rose to 6.419 percent from 6.346 percent on Thursday.

Poor industry-related data from China and the eurozone released Thursday increased concerns about the slowdown in the global economy. In Asian trade Friday, Tokyo dipped 1.17 percent and Hong Kong fell 1.25 percent.

Source: http://news.yahoo.com/european-stocks-recover-nervous-session-165903760.html

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Lenovo Passes Apple For Second Place In China Smartphone Market

Aug. 24 (Bloomberg) -- Lenovo Group Ltd. overtook Apple Inc. during the second quarter for second place in smartphone sales in China, the world?s largest handset market.

Lenovo vaulted from seventh place in the first quarter to claim 11 percent of China?s smartphone sales in the three months ended June 30, market researcher IDC said in an e-mailed statement today. Apple?s share fell to 10 percent from 19 percent, IDC said. Both trailed leader Samsung Electronics Co.?s 19 percent share, which was unchanged from the first quarter.

Lenovo, the world?s second-largest maker of personal computers behind Hewlett-Packard Co., is stepping up development of smartphones, tablets and Internet-ready televisions to widen its offerings, following Apple and Samsung.

?Lenovo had a huge second-quarter due to increased volumes through operators, and a continued push into retail, leveraging on its PC retail stores and partnerships,? Teck-Zhung Wong, a Beijing-based analyst with IDC, said in an e-mail.

Lenovo, whose headquarters are in Beijing and Morrisville, North Carolina fell 1.2 percent to HK$6.40 as of 3:32 p.m. in Hong Kong trading. The shares have gained 23 percent so far this year, compared with a 7.8 percent rise in the Hang Seng Index.

Apple?s market share decline was due to ?seasonality? and a drop off after a big first quarter when China Telecom Corp. was added as a second carrier partner in the country, Wong said. Apple also faces increased competition from high-end Android handsets from Samsung and HTC Corp., he said.

ZTE Corp., based in Shenzhen, rose to third place from fourth, Wong said. Cross-town rival Huawei Technologies Co. dropped to fifth, from third, he said.

Smartphones out-shipped feature phones for the first time in China in the second quarter with 44.4 million units, or 51 percent of total shipments of 87 million, he said.

?

--Edmond Lococo. Editors: Subramaniam Sharma, Robert Fenner

?

To contact Bloomberg News staff for this story: Edmond Lococo in Beijing at elococo@bloomberg.net

?

To contact the editor responsible for this story: Michael Tighe at mtighe4@bloomberg.net


Source: http://feedproxy.google.com/~r/businessinsider/~3/EljAeokdPUY/lenovo-passes-apple-for-second-place-in-china-smartphone-market-2012-8

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Fit Brains, online portfolio of cognitive games, reaches milestone of 75 million brain scores

[ Back to EurekAlert! ] Public release date: 23-Aug-2012
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Contact: Darlene Hollywood
darlene@hollywoodpr.net
781-378-1731
Hollywood Public Relations

Company announces charitable donation

Fit Brains, a top online brain fitness platform, announces its 75 millionth brain game score achieved. And, in celebration, challenges users to play more mind strengthening games this September it being Back-to-School and Healthy Aging Month with a charitable incentive.

Fit Brains, launched in 2008, has had more than 5 million people train their brains with over 75 million brain games played. To commemorate this spectacular achievement, and in support of brain health, Fit Brains pledges to donate $10 to a top brain research foundation for each new membership on their site in September. For every membership to Fit Brains, up to the first 100 memberships, the funds will be donated to a philanthropic organization that supports brain research.

Michael Cole, CEO of Fit Brains, said, "We are proud of our recent 75 million brain scores milestone. Not only does this number attest to the popularity of our brain games, but the scores also provide us with strong data to continue to grow and improve our overall brain fitness program." Cole continued, "Another way we intend to keep minds sharp is by donating to a cause that aligns with our goal to support brain health."

Fit Brains is comprised of scientifically-designed brain games that stimulate and strengthen five key areas of the brain: language, memory, executive functions, visual and spatial skills and concentration. The site includes a portfolio of 30 casual games, personalized tracking and recommendations, and a motivational rewards system. The award-winning Neuroscientist Dr. Paul Nussbaum is the co-founder of Fit Brains and Chief Scientific Officer.

###

For more information, visit us online at www.fitbrains.com, on Facebook or Twitter.

About Vivity Labs

Vivitity Labs, creator of Fit Brains, is an online platform featuring fun and engaging games designed by neuroscience professionals. The games are developed to exercise the five key cognitive areas of the brain. Fit Brains offers a variety of activities that help users of all ages maximize and round-out brain skills in an entertaining fashion. Fit Brains games have been played on Prevention.com, myLifetime.com, Reader's Digest.com, Yahoo, MSN, and more.


[ Back to EurekAlert! ] [ | E-mail | Share Share ]

?


AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.


[ Back to EurekAlert! ] Public release date: 23-Aug-2012
[ | E-mail | Share Share ]

Contact: Darlene Hollywood
darlene@hollywoodpr.net
781-378-1731
Hollywood Public Relations

Company announces charitable donation

Fit Brains, a top online brain fitness platform, announces its 75 millionth brain game score achieved. And, in celebration, challenges users to play more mind strengthening games this September it being Back-to-School and Healthy Aging Month with a charitable incentive.

Fit Brains, launched in 2008, has had more than 5 million people train their brains with over 75 million brain games played. To commemorate this spectacular achievement, and in support of brain health, Fit Brains pledges to donate $10 to a top brain research foundation for each new membership on their site in September. For every membership to Fit Brains, up to the first 100 memberships, the funds will be donated to a philanthropic organization that supports brain research.

Michael Cole, CEO of Fit Brains, said, "We are proud of our recent 75 million brain scores milestone. Not only does this number attest to the popularity of our brain games, but the scores also provide us with strong data to continue to grow and improve our overall brain fitness program." Cole continued, "Another way we intend to keep minds sharp is by donating to a cause that aligns with our goal to support brain health."

Fit Brains is comprised of scientifically-designed brain games that stimulate and strengthen five key areas of the brain: language, memory, executive functions, visual and spatial skills and concentration. The site includes a portfolio of 30 casual games, personalized tracking and recommendations, and a motivational rewards system. The award-winning Neuroscientist Dr. Paul Nussbaum is the co-founder of Fit Brains and Chief Scientific Officer.

###

For more information, visit us online at www.fitbrains.com, on Facebook or Twitter.

About Vivity Labs

Vivitity Labs, creator of Fit Brains, is an online platform featuring fun and engaging games designed by neuroscience professionals. The games are developed to exercise the five key cognitive areas of the brain. Fit Brains offers a variety of activities that help users of all ages maximize and round-out brain skills in an entertaining fashion. Fit Brains games have been played on Prevention.com, myLifetime.com, Reader's Digest.com, Yahoo, MSN, and more.


[ Back to EurekAlert! ] [ | E-mail | Share Share ]

?


AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.


Source: http://www.eurekalert.org/pub_releases/2012-08/hpr-fbo082312.php

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Romney: Big business is fine, helped by tax havens

HOPKINS, Minn. (AP) ? Creating a potential headache for his campaign, Republican presidential candidate Mitt Romney said big businesses in the U.S. were "doing fine" in part because they get advantages from offshore tax havens.

His comments echoed similar assertions about the state of big business by President Barack Obama which Romney has criticized. They're also a reminder that the GOP candidate has kept some of his personal fortune in low tax foreign accounts.

"Big business is doing fine in many places," Romney said during a campaign fundraiser Thursday. "They get the loans they need, they can deal with all the regulation. They know how to find ways to get through the tax code, save money by putting various things in the places where there are low tax havens around the world for their businesses."

Romney's assertions resembled Obama's declaration earlier this summer that the "private sector is doing fine." Romney and other Republicans pounced on the president's comments and cast them as an indication that he was out of touch with the nation's economic struggles.

Romney didn't mention Thursday that he has kept some of his personal money in offshore tax havens, including accounts in Switzerland and the Cayman Islands.

The presumptive GOP nominee was to join up with his running mate, Paul Ryan, on Friday for a rally in Michigan. The duo also planned to appear together Saturday in Ohio.

Romney was campaigning and fundraising as his party readied for him to officially become its nominee for president. Republican delegates to the Republican convention will begin the roll call vote to officially nominate Romney on Monday, which could allow him to accept the GOP nomination earlier in the week than has occurred at previous conventions.

Republican officials said the formal presidential nomination process would begin earlier in part because of concerns about supporters of Ron Paul, one of a number of Republicans who challenged Romney during the primary, could seek to disrupt the roll call. Officials were also discussing the impact of Tropical Storm Isaac on the convention.

Ahead of the four-day GOP gathering in Tampa, Fla., Romney has sought to refocus his campaign on the economy after a week dominated by comments Missouri Republican Senate candidate Todd Akin made about rape. Akin said in an interview that victims of "legitimate rape" can biologically avoid pregnancy, prompting Romney and other top Republicans to call on him to leave his race. Akin rejected those calls.

Romney made no mention of Akin or hot-button social issues Thursday. He rolled out an energy policy that his campaign says would create more than three million jobs and centered his fundraising remarks on the economy.

Romney's campaign sought to mitigate any potential distractions from his comments on big business and tax havens. Spokeswoman Andrea Saul said Romney "has long said we need to simplify the tax code, close loopholes and create a more level playing field for American businesses."

In his remarks, Romney drew a distinction between big business and small businesses. He said that, if elected, he would seek to make it easier for small businesses to succeed.

The extent of Romney's offshore investments is unclear because the presumptive GOP presidential nominee has only released his 2010 personal tax returns.

Romney's campaign says he plans to release his 2011 returns later this year when the documents are ready. Romney has said he paid at least 13 percent of his income in taxes over the past 10 years.

Obama and his surrogates say Romney has a responsibility to give the public a fuller picture of his finances. They often cite the dozen years of tax returns Romney's father, George Romney, released during his presidential campaign as a standard for candidates.

Many Republicans have also called on Romney to be more forthcoming about his personal wealth and income.

Meantime, Romney wrote an op-ed in The Wall Street Journal touting "what I learned at Bain Capital."

"The lessons I learned over my 15 years at Bain Capital were valuable in helping me turn around the 2002 Winter Olympics in Salt Lake City," he said in the article published Friday. "They also helped me as governor of Massachusetts to turn a budget deficit into a surplus and reduce our unemployment to 4.7 percent. The lessons from that time would help me as president to fix our economy, create jobs and get things done in Washington."

As Romney pushed toward his party's convention, Democrats unveiled more plans for their convention, which follows the GOP events.

Democratic Party officials announced a new slate of speakers, including two prominent businessmen: CarMax co-founder and former CEO Austin Ligon and Costco co-founder and former CEO Jim Sinegal.

Newark Mayor Cory Booker will also speak at the convention, a sign that tensions have eased between him and the Obama campaign after he criticized the president's attacks on Romney's private sector background.

___

Associated Press writer Kasie Hunt in Washington contributed to this report.

___

Follow Julie Pace at http://twitter.com/jpaceDC

Source: http://news.yahoo.com/romney-big-business-fine-helped-tax-havens-074359322.html

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Enter your tip here and it will be sent straight to Lizabeth Gray, Diana Forsthoffer, David Peters, Senior Regional Editor / Midwest Don Wyatt, Kathleen Sauers, Katelynn Metz, Timothy McAteer, Zandy Dudiak, Richard Cook, and Jill Taylor Spero, North Hills Patch's (incredibly grateful) editors.

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