| COCKPIT, FLIGHT & GROUND CONTROLS |
 |
| Hytrel Dual Control Wheels |
| Stainless Steel Control Cables |
Flight Trim Controls
- Rudder with Indicator
- Stabilator with Indicator
|
Engine Controls - Pedestal with Friction
Lock
- Throttle
- Propeller
- Mixture (with Lock)
|
| Alternate Induction Air |
| Stall Warning Horn |
| Steerable Nosewheel |
Heavy Duty Brake System
- Pilot's Toe Brakes
- Copilot's Toe Brakes
- Parking Brake
|
Death
On July 16, 1999, Kennedy was killed along with Carolyn and sister-in-law Lauren Bessette when his Piper Saratoga II HP crashed into the Atlantic ocean while flying from Essex County Airport in New Jersey to Martha's Vineyard. The National Transportation Safety Board (NTSB) determined that the probable
cause of the crash was: "[Kennedy]'s failure to maintain control of the airplane during a descent over water at night, which
was a result of spatial disorientation."[10] The cremated remains of Kennedy, his wife, and sister-in-law were later scattered off the coast of Martha's Vineyard.
AUG 19, 2009
LIVE FROM
 JFK, JR CRASH SITE
   DADDY I LOVE YOU
SEE ARTICLE FOR JFK,JR'S CESSNA 182
April 22, 1998
John passed his private pilot flight test. After receiving his
private pilot certificate, John flew solo in his Cessna 182 and received instruction in it by certified flight instructors
(CFIs) local to New Jersey. He also received instruction at
Million Air
a flight school in New Jersey,
and
flew their airplanes.
During calendar year 1998, John flew approximately 179 hours, including about 65 hours without
a CFI onboard.
http://tlc.discovery.com/tv/specials/death-jfk-jr/timeline.html
SOME MAGICAL FUEL SWITCH UHHH????
THIS MAGICAL SWITCH KICKS PRESIDENT KENNEDY'S
MAGIC BULLET'S ASS
WALTER CRONKITE
REPORTING ON CURRENT DEVELOPMENTS BESIDES PRESIDENT KENNEDY'S DEATH
JOHN JOHN'S
FIRST WORDS
AT
THE WHITE HOUSE
CESSNA 182 - N9253N
WITH THE CURRENT CORRECT PIN STRIPES
PIPER SARATOGA N529JK
THAT WAS SOLD AND HAS NOTHING TO DO WITH THIS JFK,JR CRASH SITE WEBPAGE
UNKNOWN
PIPER SARATOGA
THAT WAS PROBABLY USED FOR JFK,JR'S TRAINING AT MILLION AIR FLIGHT SCHOOL
WITH THE PIN STRIPES THAT DON'T MATCH THE CURRENT CESSNA 182
&
PIPER SARATOGA INSTRUMENT FLIGHT MANUAL
THAT TELLS YOU WHERE THE MAGICAL SWITCH IS LOCATED ON
2 OF THE SAME KIND
OF
PIPER SARATOGAS
WITH
CAROLYN BESSETTE KENNEDY
(NEE)
CAROLYN JEANNE BESSETTE
SEE BIG DADDY I LOVE YOU WEBSITE - CHRON
https://bigdaddymacdonald.tripod.com/id18.html
 BABYCAKES = = SLAMJACKS
AUG 15, 2009
LIVE FROM
DESIGNER
OF
ELECTRIC
DADDY I LOVE YOU
CAROLINE MACDONALD KENNEDY
&
FAMILY
 Les Paul
J
L
Induction Year: 1988
Induction Category: Early Influence
Les Paul (guitar; born June 9, 1915, died August 13, 2009)
The name Les Paul is synonymous with the electric guitar. As a player, inventor and recording artist,
Paul has been an innovator his entire life. Born Lester William Polfus in 1915 in Waukesha, Wisconsin, Paul built his first
crystal radio at age nine - which was about the time he first picked up a guitar. By age 13 he was performing semi-professionally
as a country-music guitarist and working diligently on sound-related inventions. In 1941, Paul built his first solid-body
electric guitar, and he continued to make refinements to his prototype throughout the decade. It’s safe to say that
rock and roll as we know it would not exist without his invention.
But Les Paul didn’t stop there. He also refined the technology of sound recording, developing
revolutionary engineering techniques such as close miking, echo delay, overdubbing and multitracking. He also busied himself
as a versatile bandleader and performer who could play jazz, country and pop.
The guitar that bears his name – the Gibson Les Paul – is his crowning achievement. It
grew out of his desire, as a musician and inventor, to create a stringed instrument that could make electronic sound without
distorting. What he came up with, after almost a decade of work, was a solid bodied instrument – that is, one that didn’t
have the deep, resonant chamber of an acoustic guitar.
As he told writer Jim O’Donnell, “What I wanted to do is not have two things vibrating.
I wanted the string to vibrate and nothing else. I wanted the guitar to sustain longer than an acoustical box and have different
sounds than an acoustical box.” The fact that the guitar’s body was solid allowed for the sound of a plucked string
to sustain, as its vibrating energy was not dissipated in a reverberant acoustic chamber.
He experimented with different designs until he had his non-vibrating guitar body, which he called
“The Log.” Gibson Guitars initially turned him down, calling his invention “a broomstick with pickups”
and pointing out that this meant guitarists would now have to carry around two instruments – one electric and one acoustic
– which they viewed as prohibitively inconvenient. As a result, Paul was beaten to the marketplace by Leo Fender, whose Fender Broadcaster – the first mass-produced solidbody electric guitar – was introduced
in 1948. That same year, however, Paul unveiled overdubbing, a breakthrough recording technique that would forever change
music. Capitol Records released the Paul’s experimental eight-track recordings of “Lover (When You’re Near
Me)” and “Brazil,” which he’d made in his garage workshop.
Paul’s career as a musician nearly came to an end in 1948, when he suffered near-fatal car accident
in Oklahoma, skidding off a bridge into a river during a snowstorm. The guitarist shattered his right arm and elbow, and he
also broke his back, ribs, nose and collarbone. He managed to salvage his career as a musician by instructing surgeons to
set his arm at an angle that would allow him to cradle and pick the guitar. It took him a year and a half to recover.
Paul subsequently made his mark as a jazz-pop musician extraordinaire, recording as a duo with his
wife, singer Mary Ford (who was born Colleen Summers). Their biggest hits included “How High the Moon” (1951)
and “Vaya Con Dios” (1953), both reaching #1. The recordings of Les Paul and Mary Ford are noteworthy for Paul’s
pioneering use of overdubbing - i.e., layering guitar parts one atop another, a technique also referred to as multitracking
or “sound on sound” recording. He also speeded up the sound of his guitar. The results were bright, bubbly and
a little otherworldly - just the sort of music you might expect from an inventor with an ear for the future.
In 1952, Les Paul introduced the first eight-track tape recorder (designed by Paul and marketed by
Ampex) and, more significantly for the future of rock and roll, finally saw the release of the the gold-top solid body electric
guitar that bears his name. Gibson’s Les Paul Standard went on to become one of the most popular of all models of electric
guitar. Built and marketed by Gibson, with continuous advances and refinements from Paul in such areas as low-impedance pickup
technology, the Les Paul is a staple instrument among many of rock’s greatest guitarists. He introduced the latest model
in 2008. According to Gibson U.S.A., its design amendments include “a new asymmetrical neck profile that makes it one
of the most comfortable and playable necks ever offered on any guitar.”
The list of musicians associated with the Gibson Les Paul include Jeff Beck, Eric Clapton,, Duane Allman, Mike Bloomfield, Eddie Van Halen and Jimmy Page. Paul is guitarist Steve Miller’s godfather. Jimi Hendrix consulted him about the construction of Electric Lady Studios. In a British periodical, Led Zeppelin’s
Page once wrote of Paul, “He’s the man who started everything. He’s just a genius.” While sharing
a stage with Paul, Eddie Van Halen once told him, “Without the things you’ve done, I wouldn’t be able to do half the things
I do.”
Over the ensuing decades Les Paul has remained active on all fronts. He recorded a Grammy-winning album
of instrumental duets with Chet Atkins, Chester and Lester, in 1977. From the mid-Eighties through the mid-Nineties, he performed weekly at
Fat Tuesday’s, a New York City jazz club. In 2005, at the age of 90, he released American Made/World Played, which featured
guest spots from several of his most illustrious rock and roll disciples and won him a pair of Grammys.
Paul performed weekly – at New York’s Iridium Jazz Club – and indulged his inventor’s
curiosity in a basement workshop at home in Mahwah, New Jersey up until his death on August 13, 2009.
TIMELINE
June
9, 1915: Lester William Polsfuss – a.k.a. Les Paul – is born in Waukesha, Wisconsin.
1928: Les Paul begins performing country music as “Rhubarb Red” at the age of 13.
1939: Les Paul’s jazz trio performs at the White House at the request of President Roosevelt.
1941: Les Paul invents the first solidbody electric guitar.
1946: Les Paul temporarily drops out of music to work on a new guitar sound and recording style.
1947: The technique of multitracking is introduced to the world when Les Paul releases his first eight-track
recordings.
1948: Les Paul nearly dies when his car skids off a bridge in a snowstorm.
1949: Les Paul marries singer Mary Ford, with whom he forms a highly successful musical duo.
1950: The Les Paul Show, featuring Paul, Ford and rhythm guitarist Eddie Stapleton, debuts on NBC Radio.
1951: “How High the Moon,” by Les Paul and Mary Ford, becomes a #1 single.
1952: The Les Paul gold-top solidbody electric guitar is brought to the market by Gibson Guitars.
1953: “Vaya Con Dios,” by Les Paul and Mary Ford, becomes a #1 single. The song’s
title translates as “May God Be With You.”
1954: Les Paul commissions Ampex to build the first eight-track tape recorder. It features a head,
designed by Paul, that can record or play back tracks. Paul’s “Sel-Sync” (Selective Synchronization) design
becomes the industry standard for 30 years.
1961: Gibson introduces the new Les Paul model, which has design changes made without Paul’s
knowledge. At his request, it is renamed the Gibson SG, and the guitarist temporarily drops his endorsement contract with
the guitar maker.
1967: Les Paul Now!, which features updated version of the guitarist’s earlier hits, is released
on London Records.
1976: Chester and Lester, and album of guitar duets by Les Paul and Chet Atkins, is released on RCA. It will win a Grammy Award for Best Country Instrumental Performance.
1978: Les Paul and Mary Ford are inducted into the Grammy Hall of Fame.
1983: Les Paul receives the Trustees Award from the Recording Academy in recognition of his “significant
contributions to the field of reocrding.”
1984: Les Paul begins a Monday-evening residency at a Greenwich Village club called Fat Tuesday, which
will continue until 1995.
January 20, 1988: Les Paul is inducted into the Rock and Roll Hall of Fame at the 3rd annual induction
dinner. Jeff Beck is his presenter.
February 2005: Les Paul is inducted into the National Inventors Hall of Fame.
June 7, 2005: The Best of the Capitol Masters: 90th Birthday Edition, a remastered collection of Les
Paul and Mary Ford’s classic Fifties recordings, is released.
August 30, 2005: American Made/World Played, credited to Les Paul & Friends, is released on Capitol
Records. It includes appearances by Eric Clapton, Joe Perry, Jeff Beck, Keith Richards and Buddy Guy.
May 9, 2007: A film documentary entitled Chasing Sound: Les Paul at 90 debuts in Milwaukee, Wisconsin.
November 10-15, 2008: Les Paul is honored as the 2008 American Music Master, part of the Rock and Roll Hall of Fame and Museum’s annual series.
August 13, 2009: At age 94, Les Paul died of complications from pneumonia at White Plains Hospital.
AUG 14, 2009
LIVE FROM
THE LOUVE - MONA
LISA
is the most famous painting in the history of art and
continues
to inspire reproduction, parody, scientific theory, and more.
In 2003-2006 we celebrate the
500th anniversary
of the painting
which now has it's own room at the Louve. The
painting has achieved
celebrity status and is continually appearing as subject
of news articles around the globe.
I HAVE THIS SPLENDID BOOK SITTING RIGHT IN FRONT OF ME UNDER MY READING LAMP ALL THE TIME
WHILE I WORK
Check here often for the latest Mona Lisa news.
Articles:
MONA LISA IN CAMELOT
Online Articles:
"Fans hail Mona Lisa's new setting " BBC
News
"Mona Lisa 'happy' computer finds" BBC News
"Edinburgh creates Mona Lisa as you've never
seen her" BBC Press Office
Birthday: 1503-1506
Birthplace: Florence, Italy
Current
home: The Louvre, Paris, France
Stats: 20 7/8" x 30", oil on poplar wood.
Marital Status: Married to Francesco del Giocondo
since
1495
Working On: Being most celebrated painting in the world
I stay home to watch:
Singers, musicians, jesters
and The Sopranos
Favorite singer: Nat
King Cole
Favorite dish: Savino Sorbet
Prized possessions: *Sfumato, *Chiaroscuro, my new room
Personal hero: Leonardo
Da Vinci
Nobody knows: Why I’m smiling
If I could do it over: I’d have a contract with royalties
I’d give anything to meet: Madonna
My fantasy is: To model for
Versace
The one thing I can’t stand: Paparazzi
If I could change
one thing about myself: I’d be larger
My most irrational act: Being stolen in 1911
Most humbling experience: *L.H.O.O.Q.
The
words that best describe me: Lisa Gherardini, Mona Lisa, La Gioconda
Mona Lisa has been spotted
making the rounds with
Leo da Vinci in Italy and Paris. Ever the trend setters they've
attracted the likes of Raphael,
and a host of other Leo
wanna be's who imitate their trendy styles. Lisa is not into
jewelry or frills, preferring a
more natural look. She doesn't
like to sign autographs and rarely does interviews guarding her
privacy. Leo will sign
autographs, backwards.
*Sfumato is the famous invention
of Da Vinci - light and shade that allow one form to blend in with another leaving something to the imagination. He did this
to the corners of Mona Lisa' mouth and eyes which explains why she may look different and different times.
*Chiaroscuro the distribution
of light and shade in a picture
*L.H.O.O.Q. in 1919 Dada painter
Marcel Duchamp put a mustache and goatee on a reproduction of the Mona Lisa. The letters read phonetically in French: Elle
a chaud au cul (she has a hot arse.)
BABYCAKES
WALTER CRONKITE
FIRST LADY
OF
THE UNITED STATES OF AMERICA
JACQUELINE BOUVIER KENNEDY
THE INCREDIABLE WOMAN WHO WITH HER PASSION FOR THE FINE ARTS WAS ENTIRELY RESPONSIABLE
FOR RECEIVING AS MYSTERIOUS AS HERSELF THE PAINTING OF MONA LISA PAINTED BY LEONARD DA VINCI
PRINCESS
ISABELLA OF ARAGON
CRIVELLI VISCONTI
DUCHESS OF MILAN
SFORZA DA VINCI
AKA
MONA LISA
http://www.monalisamania.com/aammain.htm
AUG 12, 2009
LIVE FROM SALZBURG
DADDY I LOVE YOU
jfk
LOOK WHAT I FOUND UNDER MY YAHOO EMAIL ADDRESS THEY PROVIDE MY DAILY NEWSPAPER
g
SALZBURG, Austria – Mozart's momentous legacy grew Sunday as researchers unveiled two
piano pieces recently identified as childhood creations by the legendary composer.
The works — an extensive concerto movement and a fragmentary prelude — are part
of "Nannerl's Music Book," a well-known manuscript that contains the Austrian master's earliest compositions,
the International Mozarteum Foundation revealed while presenting the pieces in Mozart's native Salzburg.
"We have here the first orchestral movement by the young Mozart — even though the orchestral
parts are missing — and therefore it's an extremely important missing link in our understanding of Mozart's development
as a young composer, Mozarteum's research leader Ulrich Leisinger said.
Mozart, who was born in 1756, began playing the keyboard at age 3 and composing at 5. Before his death
from rheumatic fever on Dec. 5, 1791, he had written more than 600 pieces.
Leisinger said Mozart likely wrote the two newly attributed pieces when he was between 7 and
8 years old, with his father, Leopold, transcribing the notes as his son played them at the keyboard.
A series of analyses confirmed the writing as Leopold's, and at the time Mozart was not yet
versed in musical notation. But Leopold himself was ruled out as the author
of the pieces based on stylistic scrutiny, the Mozarteum said in a statement.
"There are obvious discrepancies between the technical virtuosity and a certain lack of compositional
experience," it said.
At Sunday's presentation at the Mozart residence, Austrian musician Florian Birsak, an expert
for early keyboard music, played the two pieces on the maestro's own fortepiano
for a throng of reporters, photographers and camera crews.
Both works were identified as part of a larger investigation of the foundation's Mozart-related
materials, including letters, documents and more than 100 music manuscripts
— some in the hand of the composer, others transcribed by contemporaries.
While "Nannerl's Music Book" has been in the foundation's
hands for more than a century, the pieces were considered anonymous creations — until Leisinger and his team took a
closer look.
"These two pieces struck us because they were so extravagant," Leisinger said, adding that the
two works share a number of similarities but that the prelude — believed to have been written after the concerto movement
— was "much more refined."
"One could almost get the impression that Leopold said to his son, 'look, you've written this
crazy concerto movement, try to do it better, a little bit more concise,' and as a result we ended up with this prelude-like
movement," he said.
Posthumous discoveries of Mozart pieces are rare — but not unheard of.
In September, Leisinger announced that a French library had found another previously unknown
piece of music handwritten by Mozart.
That work, described as the preliminary draft of a musical composition, was found in Nantes in western France
as library staff members were going through its archives. Leisinger said the library contacted his foundation for help authenticating
the work.
Still, the latest finds add "important details" to what we know about the young Mozart's work,
said Christoph Wolff,
professor of music history at Harvard University who also serves as director
of the Bach Archive in Leipzig, Germany.
"The Salzburg discovery offers significant insight into the earliest accomplishments of Mozart,"
Wolff said in an e-mail to The Associated Press.
The Salzburg-based foundation, established
in 1880 and a prime source for Mozart-related matters, seeks to preserve the composer's heritage and find new approaches for
analyzing him.
___
On the Net:
International Mozarteum Foundation: http://www.mozarteum.at/
  THE NANNERL NOTENBUCH
The Nannerl Notenbuch, or Notenbuch für Nannerl (English:
Nannerl's Music Book) is a book in which Leopold Mozart, from 1759 to about 1764, wrote pieces for his daughter, Maria Anna Mozart (known as 'Nannerl'), to learn and play. His son Wolfgang also used the book, in which his earliest compositions were recorded. The book contains simple
short keyboard (typically harpsichord) pieces, suitable for beginners; there are many anonymous minuets, some works by Leopold, and a few other composers including Carl Philipp Emanuel Bach and the Austrian composer Georg Christoph Wagenseil. There are also some technical exercises, a table of intervals, and some modulating figured basses
SEE LINK FOR MORE INFO
CAROLINE MACDONALD KENNEDY
&
Shriver's family issued a statement upon her death,
"It's hard for us to believe: the amazing Eunice Kennedy Shriver went home to God this morning
at 2 a.m.
She was the light of our lives, a mother, wife, grandmother, sister and aunt who taught us by
example and with passion what it means to live a faith-driven life of love and service to others. For each of us, she often
seemed to stop time itself - to run another Special Olympics games, to visit us in our homes, to attend to her own mother,
her sisters and brothers, and to sail, tell stories, and laugh and serve her friends. How did she do it all?
Inspired by her love of God, her devotion to her family, and her relentless belief in the dignity
and worth of every human life, she worked without ceasing - searching, pushing, demanding, hoping for change. She was a living
prayer, a living advocate, a living center of power. She set out to change the world and to change us, and she did that and
more. She founded the movement that became Special Olympics, the largest movement for acceptance and inclusion for people
with intellectual disabilities in the history of the world. Her work transformed the lives of hundreds of millions of people
across the globe, and they in turn are her living legacy.
We have always been honored to share our mother with people of good will the world over who
believe, as she did, that there is no limit to the human spirit. At this time of loss, we feel overwhelmed by the gifts of
prayer and support poured out to us from so many who loved her. We are together in our belief that she is now in heaven, rejoicing
with her family, enjoying the fruits of her faith, and still urging us onward to the challenges ahead. Her love will inspire
us to faith and service always.
She was forever devoted to the Blessed Mother. May she be welcomed now by Mary to the joy and
love of life everlasting, in the certain truth that her love and spirit will live forever."
http://en.wikipedia.org/wiki/Eunice_Kennedy_Shriver
Following graduation, she worked for the U.S. State Department in the Special War Problems Division.
In 1950, she became a social worker at the Penitentiary for Women in Alderson, West Virginia, and the following year she moved
to Chicago to work with the House of the Good Shepherd and the Chicago Juvenile Court. In 1957, Shriver took over the direction
of the Joseph P. Kennedy, Jr. Foundation.
http://www.eunicekennedyshriver.org/articles/article/131
JFK's sister Eunice Kennedy Shriver dies at 88
BOSTON – Eunice Kennedy Shriver, the presidential sister
who founded the Special Olympics and helped demonstrate that the mentally disabled can triumph on
the field of competition and lead productive lives outside the walls of institutions, died Tuesday at age 88.
Shriver had suffered a series of strokes in recent years and died at a hospital on Cape
Cod in the company of her husband, her five children and her 19 grandchildren, her family said.
"She understood deeply the lesson our mother and father taught us: Much is expected
of those to whom much has been given," said her sole surviving brother, Sen. Edward Kennedy, who is battling
a brain tumor.
She was also the sister of President John
F. Kennedy and Sen. Robert F. Kennedy; the wife of 1972 vice presidential candidate R. Sargent Shriver; the mother of former NBC newswoman Maria Shriver; and the mother-in-law of California Gov. Arnold Schwarzenegger.
Shriver was credited with helping to bring the mentally disabled into the mainstream
and transforming America's view of them from institutionalized patients to friends, neighbors and athletes.
Her efforts were inspired in part by the struggles of her mentally disabled sister,
Rosemary, who was given a lobotomy at age 23 and spent the rest of her life in an institution.
At the time, those with mental retardation
were often a secret source of shame to their families and were quietly put away in institutions.
Shriver revealed her sister's condition to the nation during her brother's presidency
in a 1962 article for the Saturday Evening Post.
"The truth is that 75 to 85 percent of the retarded are capable of becoming useful citizens
with the help of special education and rehabilitation," Shriver wrote. "Another 10 percent can learn to make small contributions,
not involving book learning, such as mowing a lawn or washing dishes."
Realizing they were far more capable of playing sports than the experts said, Shriver
in 1968 started what would become the world's largest athletic competition for the mentally disabled. The first Special Olympics — a two-day event in Chicago — drew more than 1,000 participants from
26 states and Canada.
Now more than 3 million athletes in more than 160 countries participate in Special Olympics.
The games have given rise to countless uplifting stories of success against great odds.
"She believed that people with intellectual
disabilities could — individually and collectively — achieve more than anyone thought possible. This much
she knew with unbridled faith and certainty," said her son Timothy, chairman of the Special Olympics.
President Barack Obama said
Shriver will be remembered as "as a champion for people with intellectual disabilities, and as an extraordinary woman who,
as much as anyone, taught our nation — and our world — that no physical or mental barrier can restrain the power
of the human spirit."
Former Special Olympics athlete Kester
Edwards credited Shriver and the games with helping him "find a place."
"Mrs. Shriver wasn't making cars, she wasn't selling houses, she was changing human
lives," said Edwards, 35, who works as an athlete coordinator at Special Olympics
headquarters in Washington and was an athlete from 1981 to 1999. "She taught me to accept me as I am."
Shriver was born in Brookline, Mass., the fifth of nine children to Joseph P. Kennedy
and Rose Fitzgerald Kennedy.
She earned a sociology degree from Stanford University in 1943 after graduating
from a British boarding school while her father served as ambassador to England.
Her sister Rosemary learned to read and write with the help of special tutors and for
a while had a lively social life of tea dances and trips to Europe. She
and Eunice used to swim and sail together.
But as Rosemary got older, her father worried his daughter's condition would lead her
into situations that could damage the family's reputation, and he authorized a lobotomy in the hope of calming her mood swings.
She ended up in worse condition and lived out the rest of her days in an institution, dying in 2005.
Shriver was a social worker at a women's
prison in Alderson, W.Va., and worked with the juvenile court in Chicago in the 1950s before taking over the Joseph P. Kennedy
Foundation with the goal of improving the treatment of the mentally disabled. The foundation was named for her oldest brother,
who was killed in World War II.
When JFK was in the White House, Shriver
successfully pressed for efforts to help the mentally disabled. In 1961, the president signed a bill she championed to form
the first President's Committee on Mental Retardation — then handed
his pen to her as a keepsake.
In 1953, she married R. Sargent Shriver.
He became JFK's first director of the Peace Corps, was George McGovern's running mate in 1972, and ran
for president himself briefly in 1976.
She was the recipient of numerous honors, including the nation's highest civilian award,
the Presidential Medal of Freedom, which she received in 1984. Well into
her 70s, she remained a daily presence at the Special Olympics headquarters.
With her death, Jean Kennedy Smith becomes the last surviving Kennedy daughter.
"When the full judgment on the Kennedy legacy is made — including JFK's Peace
Corps and Alliance for Progress, Robert
Kennedy's passion for civil rights and Ted Kennedy's efforts on health care, workplace reform and refugees —
the changes wrought by Eunice Shriver may well be seen as the most consequential," Harrison Rainie, author of "Growing Up Kennedy," wrote in U.S. News & World Report in 1993.
Survivors include her husband, who was diagnosed with Alzheimer's
disease in 2003, and the couple's children: Maria, who is married to Schwarzenegger; Robert, a city councilman in Santa
Monica, Calif.; Timothy; Mark, an executive at the charity Save the Children;
and Anthony, founder and chairman of Best Buddies International, a volunteer
organization for the mentally disabled.
Funeral arrangements were not immediately announced.
___
On the Net: http://www.specialolympics.org http://www.eunicekennedyshriver.org
SEE LINK http://news.yahoo.com/s/ap/20090811/ap_on_re_us/us_obit_eunice_kennedy_shriver
AUG 4, 2009
LIVE FROM SALZBURG
DADDY I LOVE YOU
LOOK WHAT I FOUND UNDER MY YAHOO EMAIL ADDRESS THEY PROVIDE MY DAILY NEWSPAPER
g
SALZBURG, Austria – Mozart's momentous legacy grew Sunday as researchers unveiled two
piano pieces recently identified as childhood creations by the legendary composer.
The works — an extensive concerto movement and a fragmentary prelude — are part
of "Nannerl's Music Book," a well-known manuscript that contains the Austrian master's earliest compositions,
the International Mozarteum Foundation revealed while presenting the pieces in Mozart's native Salzburg.
"We have here the first orchestral movement by the young Mozart — even though the orchestral
parts are missing — and therefore it's an extremely important missing link in our understanding of Mozart's development
as a young composer, Mozarteum's research leader Ulrich Leisinger said.
Mozart, who was born in 1756, began playing the keyboard at age 3 and composing at 5. Before his death
from rheumatic fever on Dec. 5, 1791, he had written more than 600 pieces.
Leisinger said Mozart likely wrote the two newly attributed pieces when he was between 7 and
8 years old, with his father, Leopold, transcribing the notes as his son played them at the keyboard.
A series of analyses confirmed the writing as Leopold's, and at the time Mozart was not yet
versed in musical notation. But Leopold himself was ruled out as the author
of the pieces based on stylistic scrutiny, the Mozarteum said in a statement.
"There are obvious discrepancies between the technical virtuosity and a certain lack of compositional
experience," it said.
At Sunday's presentation at the Mozart residence, Austrian musician Florian Birsak, an expert
for early keyboard music, played the two pieces on the maestro's own fortepiano
for a throng of reporters, photographers and camera crews.
Both works were identified as part of a larger investigation of the foundation's Mozart-related
materials, including letters, documents and more than 100 music manuscripts
— some in the hand of the composer, others transcribed by contemporaries.
While "Nannerl's Music Book" has been in the foundation's
hands for more than a century, the pieces were considered anonymous creations — until Leisinger and his team took a
closer look.
"These two pieces struck us because they were so extravagant," Leisinger said, adding that the
two works share a number of similarities but that the prelude — believed to have been written after the concerto movement
— was "much more refined."
"One could almost get the impression that Leopold said to his son, 'look, you've written this
crazy concerto movement, try to do it better, a little bit more concise,' and as a result we ended up with this prelude-like
movement," he said.
Posthumous discoveries of Mozart pieces are rare — but not unheard of.
In September, Leisinger announced that a French library had found another previously unknown
piece of music handwritten by Mozart.
That work, described as the preliminary draft of a musical composition, was found in Nantes in western France
as library staff members were going through its archives. Leisinger said the library contacted his foundation for help authenticating
the work.
Still, the latest finds add "important details" to what we know about the young Mozart's work,
said Christoph Wolff,
professor of music history at Harvard University who also serves as director
of the Bach Archive in Leipzig, Germany.
"The Salzburg discovery offers significant insight into the earliest accomplishments of Mozart,"
Wolff said in an e-mail to The Associated Press.
The Salzburg-based foundation, established
in 1880 and a prime source for Mozart-related matters, seeks to preserve the composer's heritage and find new approaches for
analyzing him.
___
On the Net:
International Mozarteum Foundation: http://www.mozarteum.at/
THE NANNERL NOTENBUCH
The Nannerl Notenbuch, or Notenbuch für Nannerl (English:
Nannerl's Music Book) is a book in which Leopold Mozart, from 1759 to about 1764, wrote pieces for his daughter, Maria Anna Mozart (known as 'Nannerl'), to learn and play. His son Wolfgang also used the book, in which his earliest compositions were recorded. The book contains simple
short keyboard (typically harpsichord) pieces, suitable for beginners; there are many anonymous minuets, some works by Leopold, and a few other composers including Carl Philipp Emanuel Bach and the Austrian composer Georg Christoph Wagenseil. There are also some technical exercises, a table of intervals, and some modulating figured basses
SEE LINK FOR MORE INFO
AUG 3 2009
WELL I'M GLAD TO SEE YOU PICKING UP THE BALL AND YELLING GO LONG
I HAVE TO ADMIT THAT THE FOLLOWING MADE ME PEE ON THE YELLOW PLASTIC RAIN COAT BECAUSE I
COULDN'T MAKE IT TO THE BATHROOM
My take is that there never would have been a Beer Summit is the President hadn't made
his impromptu comment that the "police acted stupidly" without knowing any facts and knowing who the people involved were.
So, it cost him i.e. the taxpayer a few beers for damage control.
That's better than billions for bailout bonuses.
AND AS FAR AS ADVERTISING GOES I GUESS YOU HAVEN'T SEEN THE LASTEST ON OUR FAVORITE SUBJECT
OF
THE BEER SUMMIT
YEAH THEY MADE A GODDAMN
CALENDAR
CAN YOU BELIEVE THAT!!!!!
I FOUND THIS AT DISCOUNT CITY AND HUNG IT ON THE WALL AND TOOK A PICTURE BECAUSE MY TIGHT
BUGET WON'T ALLOW ME TO GET ONE FOR YOU AND THEY MAY ALL BE GONE SOON
HEY GOTTA GO TO THE FARMERS MAKET AND GET SOME STUFF TALK TO YOU TOMMORROW
AUG 3, 2009
DADDY I LOVE YOU
LIVE FROM
OBAMA ASKS MOMS TO RETURN TO SCHOOL
HEY!!!! LOOK
WORK
THAT'S GREAT BUT I'M IN EARLY RETIREMENT
AS OF
AUG 28, 2009
BABY AVA MICHAEL & WALTER CAKES = = SLAMJACKS
AUG 1 2009
LIVE FROM THE BEER SUMMIT DADDY I LOVE YOU
AUG 1 2009
JUL 30, 2009
Dear magicJack User:
You received a new 0:10 minutes voicemail message, on Thursday, July 30, 2009 at 02:45:05
PM in mailbox 5102145387 from 8009452288.Dear magicJack User:
WHO ACTIVATED THIS ACCOUNT????
JUL 30, 2009
THE ENTIRE UNIVERSE HAS HEARD THAT YOU ARE AS FAMOUS
AS
JOHN F. KENNEDY, JR.
YOU WERE NOT BORN WHEN
PRESIDENT KENNEDY
DIED SO I HAVE POSTED FOR YOUR VIEWING ONE DAY
TO SHOW YOU WHO THEY BOTH WERE
THEY WERE THE FINEST OF MEN OF THEIR TIME
BUT
THEY ARE GONE NOW JUST LIKE
YOUR FATHER
MICHAEL JOSEPH JACKSON
THESE ARE THE MEN WE WILL ALL MISS THROUGH OUT HISTORY
I WOULD ALSO LIKE TO
WELCOME
YOU TO THE
PAGES
OF
HISTORY
PARIS JACKSON
MOURNS HER FATHER
AT
STAPLES CENTER
THE WHOLE WORLD
MOURNS AND DOES NOT UNDERSTAND WHY THEY HAD TO LEAVE US
YOU
AND
YOUR BROTHERS
ARE
THE ONES WHO WILL REPRESENT YOUR FATHER AND WE WILL ALWAYS TREASURE YOU LIKE
WE DO
PRESIDENT KENNEDY
&
HIS SON
JFK
LIVE FROM USS HORNET
BOB FISH
AUTHOR
HORNET + 3
DADDY I LOVE YOU
THIS IS BOB FISH WHO ESCORTED ME TO THE MEMBERSHIP DESK
AND
MADE SURE THEY SHOWED ME I WAS ON THE LIST AND GAVE ME MY MEMBERSHIP NO.
BECAUSE I DIDN'T RECEIVE MY MEMBERSHIP CARD IN THE MAIL BEFORE THE EVENT WHICH I PURCHASE
4TH OF JULY
(LIKE MY NEW PIN FROM US BANK BUT I DID RECEIVED THE CARD & THEN I WENT DOWN AND
CANCELLED THE CARD ALTOGETHER)
HE DID
THE TRUSTEE
"I WILL FIX THIS MAMAM"
AFTER
WE TALKED WHILE HE WAS PAUSING BEFORE HIS TALK
AND
I FELT LIKE A
 LAME O
AFTER HE ASKED THE QUESTION DID YOU BUY A BOOK??
AND
ALL I COULD SAY WAS NO ALL I HAVE IS $10.00
BUT DON'T WORRY I WILL BUY US BOTH A BOOK
AND
AUNTIE SARAH TOO
WHEN I GET MY MONEY FROM McSTUPID
CELEBRATING THE 40TH ANNIVERSARY
OF
BUTCH CASSIDY & THE SUNDANCE KID
ON AMC @ 8:00 PM
BABYCAKES = = SLAMJACK
HEY!!!!!!
JUST GOT COMCAST BACK ON LINE YESTERDAY BUT WILL BE  CUT OFF WED JUL 22, 2009 AND ALAMEDA MUNICIPAL POWER WILL BE TOO
 I NEED TO BORROW FUNDS TO COVER THESE AMOUNTS BECAUSE EVEN IF I GET $1,500.00 IN AUG I WILL NOT HAVE ENOUGH
TO PAY RENT AND LAST TILL AUG 28
I HATE TO ASK BUT I THOUGHT IF YOU AND JULIE CAME DOWN WHEN I CALLED LAST
MONTH AND PRESSED CHARGES AGAINST JIM I COULD SEE THE JUDGE SOONER THAN AUG 28 BECAUSE THAT'S WHAT THE COURT
CLERK WHO SITS BY THE JUDGE TOLD ME TO DO
ALSO $10.00 WILL NOT BUY BEER FOR THE REST OF THE MONTH AND COULD I BORROW A TINY HIT FROM AMERICAN
EXPRESS LALALALALA FOR THIS WORTHY CAUSE
I FEAR NO BEER
 EXCEPT NO BEER
AUGUST 28, 2009 THERE WILL BE HUGH FAMILY CELEBRATION AND LOANS WILL BE REPAID
THERE ARE 2 APTS AVAILABLE HERE SO I CAN PUT THE KIDS IN THEM BUT THEY DON'T KNOW THIS YET
AND THEY WON'T LISTEN TO ME DUE TO MR & MS McSTUPID CLAIMING I AM HARRASSING THEM THROUGH THE
KIDS
2 MONTHS PAST DUE THANKS TO
MR & MS McSTUPID
BABYCAKES = = SLAMJACK
LIVE FROM WALTER CRONKITE'S DESK
FROM
CAROLINE E. KENNEDY
&
FAMILY
HEY REMEMBER WHEN I WORKED AT MODERNO AND BRASS & GLASS?
DO YOU REMEMBER ONE OF THE GUYS WHO WORKED AT BOTH PLACES
HE IS IN THE VIDEO OF MICHALCAKES JACKSON
SEE THIS LINK
FOR
MICHAEL JACKSON
VIDEO
AND
THEN CLICK ON VIDEOS
SEE PICTURE BELOW AND WHAT TO LOOK FOR WHEN YOU GET THERE
AND
CLICK
FOGEL!!! WHY THE FUCK McLOVIN???
P
BABY AVA & MICHAELCAKES = = SLAMJACKS
McLOVIN - FOGEL HEY GANGSTERS
HEY GUESS WHAT WHEN I WAS AT THE  POOL ONE DAY I SPOKE WITH A LADY WHO LIVES HERE TOO AND IS A NURSE WHO WORKS AT SAN QUENTIN
I ASKED HER IF SOMEONE IS GUILTY OF A CONTEMPT ORDER WHAT PRISON WOULD THEY GO TOO
SHE SAID SAN QUENTIN
JIM DIDN'T PLAY  THE RIGHT WAY ACCORDING TO THE FOLLOWING
Contempt - General Concepts
A party subject to a valid court order who, with knowledge of the order and the ability
to comply, fails to comply with the terms of the order is subject to a contempt adjudication and statutory contempt penalties
(Ca Civ Pro §§ 1218 & 1219). As an enforcement remedy, exercise of the contempt power enables the court to compel compliance
with its valid orders.
In a "civil contempt," the punishment is "remedial, and for the benefit of the complainant."
In a "criminal contempt," the sentence is "punitive, to vindicate the authority of the court."
The face of the Judicial Council Affidavit for Contempt form expressly states "A contempt
proceeding is criminal in nature" and advises the citee that "the possible penalties
include jail sentence . . ." Consequently, at least one court concludes any contempt proceeding brought on the standard
Judicial Council contempt form is per se a criminal (not a civil or "remedial") contempt matter.
Family law orders and judgments are enforceable by contempt unless punishment by contempt
would violate the constitutional guaranty against imprisonment for nonpayment of "debt" (U.S. Const., Amend. XIII; Ca Const.
Art. I, § 10). However, an order or judgment is not a "debt" within the meaning of the constitutional guaranty against imprisonment
for "debt" simply because it requires the payment of money. As developed below, most (but not all) family law orders and judgments
are deemed based on a law-imposed obligation (not "money judgments in civil actions for debts") and thus are enforceable by
the court's contempt power
Orders Enforceable By Contempt
Support Orders: Child, spousal and family support orders are based on an obligation
arising out of marriage and parentage and are imposed by law. They are not money judgments in civil actions for the payment
of a "debt" within the meaning of the constitutional guaranty against imprisonment for debt and thus clearly are enforceable
by contempt.
Child Custody & Visitation Orders: Child custody and visitation orders do not
impose a "debt" obligation. Thus, e.g., the court may invoke its contempt power against
a parent who unjustifiably interferes with the other parent's court-ordered visitation rights or violates an injunction
restraining relocation with the children.
Attorney Fees/Costs Orders: Need-based attorney fees and costs are awardable by statute
in marital proceedings (Ca Fam §§ 2030/2032). The award is based on a law-imposed obligation (not arising out of a money judgment
for a "debt") and thus is enforceable by contempt.
Property Division Orders: A spouse who refuses to relinquish a specific item of property or to pay over a portion of a specific fund of money
pursuant to a community property division order is subject to enforcement by contempt. The obligation is "law-imposed" (not
a "debt") because based on the parties' statutory right to an equal division of community property upon termination of marital
status (Ca Fam § 2550 et seq.).
Restraining Orders & Family Court Protective Orders: The court may properly invoke
its contempt power to compel compliance with valid protective orders and restraining orders issued in a domestic relations
proceeding. [Ca Penal § 273.6 (misdemeanor penalty for intentional and knowing violation of Ca Fam § 6218 protective orders)]
Failure To Comply With "Declaration Of Disclosure" Requirements: A spouse who has
complied with the statutory "declaration of disclosure" requirements in marriage dissolution proceedings (Ca Fam § 2100 et
seq.) has various statutory remedies against the other spouse who has failed to comply. One such remedy is a motion to compel
a further response (Ca Fam § 2107(b)(1)). If the noncomplying spouse fails to file a sufficient response, the complying spouse
may seek monetary sanctions "in addition to any other remedy provided by law" (Ca Fam § 2107(c))--including an OSC re Contempt]
Orders Enforceable By Contempt
Marital Settlement Agreement Obligations Not Merged Into Judgment: Obligations arising out of a marital settlement agreement are not enforceable as court orders unless "merged" or
incorporated in the judgment. Consequently, breach of a marital settlement agreement (or any other contract) is not remediable
by contempt where the defaulted obligation was never made a part of the judgment.
Marital Debt Liability Orders: An order pursuant to a division of the community estate
requiring a spouse to make specified payments in satisfaction of a community liability is a "debt" not enforceable by contempt
. . . unless the obligation is an integral part of a support order.
Statute Of Limitations
The contempt remedy for noncompliance with a court order made under the Family Code is subject to a
statute of limitations (Ca Civ Pro § 1218.5)
Support Orders: For an alleged failure to pay child, family or spousal support, the
contempt action must be commenced no later than three years from the date the payment was due. [Ca Civ Pro § 1218.5(b)
A contempt cause of action for nonpayment of support may be broken down into separate "counts" for
each month payment was not made in full. Thus, the fact the obligor stopped (or fell short in) payments over three years ago
is not fatal to a contempt remedy: Each month within the three-year period for which payments were in default is separately
punishable as separate counts of contempt. [See Ca Civ Pro § 1218.5(a)]
Other Family Court Orders: A contempt action to enforce any other order made under
the Family Code must be brought within two years "from the time that the alleged contempt occurred." [Ca Civ Pro § 1218.5(b)]
Due Process Protections
If the contempt proceedings are criminal in nature, the U.S. Constitution guarantees the citee the
full panoply of due process safeguards afforded criminal defendants.
Notice Of The Charge: The citee must be formally notified of the charge and of the
time and place for the court hearing on the charge. Service of the notice must be effected in a manner authorized for service
of summons; an OSC re Contempt is not properly served by the more liberal Ca Civ Pro § 1010 et seq. methods for service of
motions or OSCs generally.[Ca Civ Pro § 1016; Ca Fam § 215]
Opportunity To Be Heard: Unlike ordinary motion and OSC proceedings, contempt cannot
be decided on the moving and responding papers alone. The citee is entitled to a formal hearing as a matter of right and must
be allowed to testify, to call and cross-examine witnesses, and to introduce evidence in defense of the charge. [Ca Civ Pro
§ 1217]
Right To Counsel: Contempt citees clearly have a due process right to be represented
by an attorney they have retained for that purpose. Additionally, where the potential penalty includes a jail sentence, an
indigent citee has the due process right to court-appointed counsel at county expense.
Application Of The 5th Amendment: The citee must be afforded the testimonial privileges
of a criminally accused: He or she is entitled to exercise the privilege not to be called as a witness, and can decline to
answer specific questions, claiming the privilege against self-incrimination. These privileges are not waived by filing an
answer to the charging declaration.
Criminal Burden Of Proof: As a general rule, the citee also has the same rights as
a criminally accused to proof of a prima facie contempt case by competent evidence beyond a reasonable doubt. The contempt
must be discharged if the charging party fails to carry this burden on each element of the prima facie case.
Right To Jury Trial: The Sixth Amendment to the U.S. Constitution guarantees the right
to a jury trial for all "serious" criminal contempts--i.e., when the contempt is punishable by more than six months' imprisonment.
The right to a jury trial under the California constitution is broader: It extends to all criminal
prosecutions above an "infraction." Thus, there is a right to jury trial in criminal contempt proceedings that carry a maximum
penalty comparable to a felony or misdemeanor (six months' imprisonment plus $1,000 fine) regardless of what the Legislature
has labeled the offense.
However, there is no right to jury trial where the court invokes its general summary contempt power
under Ca Civ Pro § 1209 and imposes only a maximum five-day sentence and/or $1,000 fine (Ca Civ Pro § 1218(a)). That punishment
is not akin to a misdemeanor penalty and thus does not trigger the state constitutional jury trial provision.
If the court proceeds to trial on contempt charges without a jury, and the citee has not expressly
waived the right to a jury, the maximum sentence that may be imposed is 180 days (six months). A longer sentence in violation
of the jury trial right will not invalidate the contempt conviction or require retrial by jury; but the court must reduce
the sentence to six months or less.
Double Jeopardy: Constitutional "double jeopardy" protection guarantees that a person
will not be subject to duplicate punishment or duplicate prosecution for the same criminal offense (U.S. Const., 5th Amend;
see also Ca Penal § 1387). Double jeopardy protection fully attaches in a nonsummary criminal contempt prosecution to the
same extent as it does in other prosecutions for a criminal offense.
Initiating Contempt Proceedings
Contempt proceedings to enforce a civil judgment or order are commenced by presenting a prescribed
"charging affidavit" to the court. [Ca Civ Pro § 1211(a)] Based on the affidavit (which recites the facts constituting the
prima facie contempt), the court must then issue and sign an order to show cause directing the alleged contemnor to appear
and be heard on the charge at a specified date and time. [Ca Civ Pro § 1212]
In family law cases, the contempt proceedings must be initiated by filing and serving an FL-410 Order
to Show Cause and Affidavit for Contempt, along with an applicable Affidavit of Facts Constituting Contempt (FL-411 or FL-412).
These forms have been adopted for mandatory use.
The facts constituting the contempt must be alleged by an "affidavit of facts," setting forth the type
of order violated, the date the order was issued, how the order was violated, and when the violation occurred. Jurisdiction
to adjudicate a contempt ordinarily exists only if the charging affidavit alleges evidentiary facts showing a prima facie
case of contempt (as developed below). [Ca Civ Pro § 1211(a)] However, a deficient charging affidavit may be amended at any
stage of the proceeding (Ca Civ Pro § 1211.5(b)). And, if there is no objection to the sufficiency of the charging affidavit,
jurisdiction to adjudicate contempt may be established by facts proved at the contempt hearing (in which case, the court "shall
cause the affidavit or statement to be amended to conform to proof"). [Ca Civ Pro § 1211.5(a)]
Elements Of A Cause Of Action For Contempt:
The facts generally necessary to establish a prima facie contempt of a family law order are: (i) rendition
of a valid order; (ii) the citee's knowledge of the order; and (iii) the citee's willful disobedience of the order.
Valid Order: A contempt adjudication cannot stand if the underlying order is invalid.
The charging affidavit must identify the underlying order by date of entry and type. For purposes of sustaining a prima facie
case, the court can presume validity unless the order is void on its face; the citee thus normally bears the burden of showing
invalidity, either as an affirmative defense in the answer or by motion to discharge the contempt citation.
Knowledge Of The Order: The charging affidavit must set forth facts showing the citee's
notice or knowledge of the underlying order (a jurisdictional prerequisite to a valid contempt adjudication).
Knowledge can be shown by personal service of a copy of the order, the citee's presence in court when
the order was made, the citee's signature on a stipulation upon which the order was based, or proof that the citee previously
sought relief related to the order (e.g., modification).
Order Willfully Disobeyed: To complete a prima facie case of contempt, the charging
party must allege facts showing the citee's willful disobedience of the underlying order.
Support Cases: In making a family law support or attorney fees/costs order, the family court
necessarily must determine the obligor's ability to pay (Ca Fam §§ 4320(c) (spousal support), 4053(c),(d) (child support),
270, 271(a), 2030(a) (attorney fees and costs)). Since the court has already determined the obligor/citee's ability to pay
the underlying order, present ability to pay is not an element of a prima facie contempt case predicated on nonpayment. Rather,
inability to pay is an affirmative defense that must be proved by the citee.
Custody/Visitation Cases: A custodial parent can be held in contempt of a visitation order only
when he or she has sufficient control over the child so as to have the ability to make the child available for visitation.
This is a fact question in each case. A parent probably has sufficient control over minor children of "tender years" to compel
them to visit with the other parent; failure to make such children available for visitation probably would be punishable as
contempt. But the result may be otherwise when the children get older and it becomes more difficult to exert parental "control."
If a teenage child refuses to visit with the noncustodial parent, through no fault of the custodial parent, the custodial
parent lacks the ability to comply with the order and cannot be held in contempt; in these cases, the noncustodial parent
is probably left without a remedy.
Filing And Service
Filing With Court Clerk: The completed OSC
and affidavit form(s) are taken to the court clerk, who will obtain the judge's signature on the OSC and then file the papers.
Personal Service Required: Conformed copies of the charging affidavit and OSC must
be served on the citee at least 21 calendar days before the hearing (Ca Civ Pro § 1005(b)). The citee must be served personally, in a manner authorized for service of summons. Service on the citee's
attorney will not suffice in a contempt proceeding. [Ca Civ Pro §§ 1015, 1016; see also Ca Fam § 215 (postjudgment proceedings)]
Exception Were Citee Conceals Him/Herself: "Substitute service" on the citee's attorney of record
might suffice where the citee has concealed himself or herself to avoid service of the contempt papers. [Shibley v. Super.Ct.
(1927) 202 Cal. 738, 742-743, 262 P 332, 334; see also Cedars-Sinai Imaging Med. Group v. Super.Ct. (Moore), supra, 83 Cal.App.4th
at 1286, 100 Cal.Rptr.2d at 324--personal service on citee required "(u)nless the citee has concealed himself from the court"]
However, a charging party seeking to invoke this exception to personal service must provide the court with evidentiary facts
showing reasonable efforts to ascertain the citee's whereabouts and the efforts taken to attempt service on the citee.
Responding To The Charge
The citee may answer the charge, admitting or denying it, or may move for a discharge without answering.
In response to the contempt charge, and before the hearing, the citee can file an opposing affidavit
(declaration under penalty of perjury; Ca Civ Pro § 2015.5), questioning the adequacy of the moving party's charging affidavit
or raising a sufficient "excuse or justification" in defense. The opposing affidavit together with the charging affidavit
frame the issues to be tried in the proceeding.
Common Defenses: Contempt charges are commonly defended on the ground that any failure
to comply with the underlying order was not "wilful" because the citee lacked the ability to comply. The citee does not meet
this burden, however, with conclusory declarations. He or she must set forth evidentiary facts showing why complete performance
was impossible. Moreover, default under the order will not be excused if the responding allegations disclose that the inability
to comply was self-imposed for the purpose of avoiding compliance.
Note also that disobedience of a lawful court order is not excused
by the fact the citee was acting on advice of counsel. Moreover, attorneys who encourage such defiance can be held in contempt
themselves for their own recalcitrant conduct. THIS IS FAITH RUSCH - FORD
Motion For Discharge: In lieu of an answer, the citee can move for a discharge of
the contempt citation on the following grounds:
- The charging affidavit does not make out a prima facie case of contempt.
- The order expired before the alleged violation. (But if the order was in effect at the time of the
violation, discharge will not be granted simply because it has expired or been superseded at the time of the contempt proceedings)
- The same charge was previously made on the same facts and the citee was discharged on the merits.
The Hearing
Appearance At The Hearing: Normally, either the citee or his or her attorney must
appear at the hearing; and, if neither appears, a bench warrant can issue to secure their presence. But it is error for the
court to proceed in the absence of the alleged contemnor or his or her attorney, unless it finds the OSC and Affidavit for
Contempt forms were validly served and the failure to appear was voluntary. [Ca Civ Pro § 1217]
Admissable Evidence: The charging and opposing affidavits are hearsay and thus inadmissible
over objection. [Ca Evid §§ 1200(a),(b)]
Contempt Penalties
The penalties upon a contempt adjudication are prescribed by Ca Civ Pro §§ 1218 and 1219.
Mandatory Community Service Or Imprisonment: Upon a contempt adjudication for failure
to comply with a court order made under the Family Code, the court "shall order" community service and/or imprisonment as
prescribed by Ca Civ Pro § 1218(c).
First Contempt: Upon a first finding of contempt, the contemnor must be ordered to perform community
service of up to 120 hours, or to be imprisoned up to 120 hours (five days), for each count of contempt. [Ca Civ Pro § 1218(c)(1)]
Second Contempt: Upon a second finding of contempt, the contemnor must be ordered to perform
up to 120 hours of community service, in addition to imprisonment of up to 120 hours (five days), for each count of contempt.
[Ca Civ Pro § 1218(c)(2)]
Third Contempt: Upon the third or any subsequent finding of contempt, the contemnor must be
imprisoned for up to 240 hours (10 days) and be ordered to perform up to 240 hours of community service, for each count of
contempt. [Ca Civ Pro § 1218(c)(3)(A)]
The contemnor must also be ordered to pay an "administrative fee," not exceeding the "actual cost"
of the contemnor's administration and supervision, while assigned to a community service program. [Ca Civ Pro § 1218(c)(3)(B)]
Calculating "Counts" Of Contempt In Support Nonpayment Cases: With regard to child, family or
spousal support contempts, each month in which there was a default may be alleged as a separate count of contempt and punishment
imposed for each count proved. [Ca Civ Pro § 1218.5(a)]
Read together with § 1218(c), above, this provision means that each count alleged in one charging affidavit
may result in one "finding of contempt"; but that the specified community service and imprisonment penalties may be aggregated
for each of the counts proved.
Example: One charging affidavit alleges five months' default in support payments, each as a
separate count. If the citee has not yet been adjudicated in contempt of a Family Code order, proof of each count in a single
proceeding will amount to a "first finding of contempt" under § 1218(c)(1); but the citee may be ordered to perform up to
600 hours of community service or be imprisoned for up to 600 hours (25 days).
Attorney Fees And Costs: In addition to the fine, community service and imprisonment
penalties discussed above, a party (or party's agent) found in contempt for violating a court order "may" be ordered to pay
the charging party's reasonable attorney fees and costs incurred in connection with the contempt proceeding. [Ca Civ Pro §
1218(a)]
Fees & Costs:
|
Attorney Fees: |
$250 per hour with a minimum fee varying with the size and complexity of the case. |
|
Costs: |
Initial filing fee approximately $40. Other fees which may or not be necessary in your particular
case are: motion fees, fees for service of process, deposition fees. | .
SEE LINK FOR BACKUP INFO http://www.kinseylaw.com/clientserv2/famlawservices/enforce/contempt/contempt.html
4TH OF JULY 2009
CAROLINE AVA MICHAEL
McLOVIN - FOGEL HEY GANGSTERS
D
McLOVIN - FOGEL HEY GANGSTERS
McLOVIN - FOGEL HEY GANGSTERS
McLOVIN - FOGEL HEY GANGSTERS
BIG DADDY
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BIG DADDY - DOUGAL C. MACDONALD, ESQ.
BIG DADDY - DOUGAL C. MACDONALD, ESQ.
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