When you post in public, you legally open yourself to public scrutiny! You want it?, this is certainly the place to do it…
This is the FIRST time I heard this man was waving a gun in which neighbors saw him. I wonder where this testimony is suddenly coming from? I think we have a NEW WINNER on who incited this death? Quit with the blaming of the parents, some of us quite frankly are getting sick of it! These GOOD PEOPLE wanted help for their son and this is what you get in Richland County?
Ok guys, I just got off the phone with Connie Garber who will be joining us soon! I told her we can help push the investigation with what we are hearing on the streets that need to be looked into.
This thing keeps getting BIGGER the more we know and find out, I’m just curious why the BCI is not acting on these leads or investigating? There appears to be some leads to drugs that could tie all the pieces together. Sounds like Brian’s wife is some kind of work telling folks she’s gonna be a Millionaire. Not so fast!, I believe that other piece of work John Mayer, brother of the prosecutor said the same thing – this group didn’t allow that to happen either did they? Ain’t that right Drew Tyler, infamous anonymous MP slayer? Speaking of which, where is the piece of doo, anyone see him/her, hasn’t said a word in months as I ROTFLMAO! – March to be exact as he/she changed their profile picture to one that hangs on my living room wall – hmmmm? https://www.facebook.com/drew.tyler.54?fref=ts
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Phil Sydnor I will leave you with Connie when she comes to fill you in on advice from Attorney’s and investigators working on the case, does not fair well for the corrupt surrounding this case. The Garbers I can assure you have enough friends to expose or find out enough to ruin ones chances for the upcoming election, IF you know who I mean?
Pam Sellards so who is Drew Tyler?
Phil Sydnor A fictitious anonymous poster of which we could find out has ties to much corruption in Richland County. They have been following me since the MNJ days, about 6 years. They wrote many defamatory untrue comments trying to deter readers from the truth I shared in the John Mayer case. They thought John would win his case, and thought Byron was gone for good as well knowing what he knows. Hopefully we will hear more in Byrons case as I hope he has his lawsuit started for wrongful imprisonment by the most overturned Judge in the State of Ohio.
Phil Sydnor Here’s some of Drews writings on the question politics page –http://www.mansfieldersperspective.com/questionpolitics.html – you can find more on the blog page if you search their fictitious name.
A place to comment on the news and not get censored for how you feel about the subject. We have a local News Agency who believes it is slanderous to speak out about public officals, hmmmm?.
Pam Sellards I have seen some of the stuff, but who is it really?
Phil Sydnor Nobody knows, and nobody I have contacted will investigate. They say…NOBODY knows who’s jurisdiction the internet is? That’s why I want them to investigate and attack us, because they don’t have or know who’s jurisdiction? They come after us, they will have to go after them – touche!
Randy Shepherd The answers will come from the executive branch of county government. NOt the legislature or the judiciary. Only Mr. Eds group needs to produce those answers and Mr. ed needs to asked the questions in public forum with recorded, either voice video or written documentation. That is why we the people have public meetings wiht the head of county admiinstration (executive branch) twice weekly.
Randy Shepherd I will tell you the people do have jurisdiction on the internet. the people also have an avenue of redress and lawful prosecution of internet crimes the only problem is it is for manetary damages not jail time and or prison. That is the duty of the prosecutor.
Phil Sydnor So, who’s duty would you say it is to handle the likes of Drew Tyler? Local Law Enforcement will tell you, it’s NOT their job, so who’s is it? Who do you report these liars to that attack business in the dark of the internet?
Randy Shepherd Certainly they will “tell” you itis not their job. The only thing that is their job is keeping dunkin doughnuts in busisness. Now if you should ask and or question their duty , It is to protect and serve the people. ergo if the people,are being harmed by internet fraud it is the responsibility of Mr. Ed to direct the Sheriff to investigate and procvide answers and or suspects. Just the saem as it is Mr. Ed’s duty to expedite investigations and provide answwers to your questions about our local executive branch government. when it comes to public safety every division subdivision and person associated with Law enforcement has a dity to provide that safety. They may call on other entities such as the FBI and or U.S. Marshalls who both have federal jurisdiction but only to support the county law enforcement not to overide it. Once again the three stooges we have in the county building are, The head of county administration that includes administering justice and administering enforcement of the law every law at every moment in every nook and cranny of this county.
Brian Moore I talked with her yesterday also.
Things are going to get really hot for certain individuals ..
Dave Schoenman He Is The Chicken Shit Who Won’t Be Real!!! COWARD!! Go Figure
Brian Moore Which chicken shit are you talking about, so many of them ?
Phil Sydnor Those exercising their right to remain silent
Nicholas Spognardi The officers didn’t do anything wrong. I have family members that live right down the street that said he was walking up and down the street waving a gun that day. He looked like he was HI on something or that there was something that was really wrong with him. This wasn’t the first time they were called there that day for a disturbance and each time and once from his family member that he had a gun, that he owned guns, and that he has assaulted them, along with that he was in a room up stairs. We can all sit around and make assumptions on what happened but again we weren’t there that day and really don’t know what was going through those officer’s mind that day. Until you can be in their shoes one day and put your life on the line everyday like they do, until you are a political figure in this country then it is easy to probe and hide behind computers and do pointless lobbying. But until there is hard evidence and they get indicted on something shouldn’t we allow the professional investigators do their job. That is why the Mansfield NJ is declining in readers because they don’t report on anything that is positive or anything that has a merit about this city. That is why Richland Source the online news paper is gaining traction and reports on the positive news in the area.
Brian Moore So since when did they teach in the academy that you run into a home, and start firing at a person, they started firing less then 5 seconds after entering the home, since when did they teach in the academy to unload your weapon into a suspect, since when did they teach in the academy that while running into a home, not declaring that they was an LEO.
They not only did they violate state laws, but dept SOP also.
When the firearms instructor gets on the stand, and says that they teach the following;
When an officers perceives a threat, they are to fire their weapons in a Tac-Tac type method into center mass, reassess the situation, and if not needed, holster their weapons, secure the scene.
There is a reason why they do this, after they fire two rounds center mass, they do not continue to fire, because after the suspect is down, any more rounds that are fired can hit an innocent person, little jimmy sleeping in his bed could have taken an round in the head, or old lady Ethel walking her poodle down the road could take an round.
They are NOT trained to empty their weapons into one person.
They are instructed to shoot to neutralize the threat against their lives, and others around them.
And by law they are suppose to call the coroner in a timely fast manner, not 8.5 hours later, they said they was waiting on a warrant, but you said in a post on another article that warrants are easy to get, so your contradicting yourself.
An warrant takes less then an hour to get, not 8.5 hours.
Wanna know what does take 8.5 hours, an person to sober up completely, showing double ZEROS on a portable breathalyzer device. Before the coroner is called.
Phil Sydnor Nicolas, you are full of shit! There was no neighbors reported saying this, I want to see these reports.
Brian Moore I’d like to see the GO’s and the MI’s info, until then you are guilty of slander, and with the amount attorneys wanting to take this case, if I was you I’d be really careful what you say, if you don’t have the proof to what you are saying, it’s just hear say, and slander, and that has caused a lot of people big money.
Since you say your not on an dept, here is what those letters mean.
GO – General Offense report.
MI – Minor Incident report.
But I bet you already knew that.
Brian Moore And didn’t they teach you in the academy about what ” assume ” means, with the sumptuous you are making.
Nicholas Spognardi What do you mean where did it go. It didn’t go anywhere. Well I do have family members that live down the road and that is what they had said at our cook out a few weeks ago. They didn’t talk about it to the local news paper because for what reason. The professionals are taking care of the investigation and the believe into the departments that protect us and wont step on no ones toes while the investigation is going on.
Brian Moore Yeah, an community BBQ, and the subject was about how he had a gun.
They didn’t know anything about him saying anything about a gun, until they read the text messages, after they shot him.
Nice disenformation your trying here.
Nicholas Spognardi No the guy was walking up and down the street that day with a gun.
Brenda Callahan-Collins Spognardi,hmmm. Any relation to the Spognardi’s that were on the police force here in Mansfield?
Brian Moore Have you heard about a little law here in Ohio called ” Open carry laws ”
Phil Sydnor I’m starting to think this Spognardi is high, maybe a pee test is in order?
Nicholas Spognardi I will take one for you. I just took one yesterday for a child custody case and passed it with flying colors. But I most certainly will take one.
Nicholas Spognardi Open carry laws is not aloud without a permit and if I remember it is called a CCW permit. Now if you have a mental disorder I pretty sure that you are not aloud to carry a gun or if you are under any type of drugs or alcohol.
Brian Moore No, now I know all about you.
There is NO permit required for any resident in the state of Ohio to open carry a firearm.
Permit required for CCL, not CCW.
Brian Moore And you are probably confusing having a weapon under a disability.
Brian was not permitted to own a firearm, if he was waving a gun, don’t you think on those different occasions, that they would have arrested him in the street.
You have no idea what you are talking about, so quit while your way behind as it is.
Brenda Callahan-Collins And my question goes unanswered. I don’t like to assume, but there’s some reason you avoided my question.
Brian Moore And that’s why he won’t answer you.
Brenda Callahan-Collins It sure takes some brass balls to have that last name and defend bad cops!! Spognardi’s have a reputation around here. Some of the old timers have lots of stories to tell about those boys.
A movement to exercise gun rights has some cities taking extra precautions.
Nicholas Spognardi Brian there is a great article for you to read and listen to about your gun law that. It will also help you realize that everyone that video tapes a law enforcement officer that they are looking for a payday. now that is a true story.
Nicholas Spognardi Now for Brenda yes that is my family and those stories are great. I loved have loved every last one of them and the best part about it was our county and city had less crime plus if there was a murder or something had happened the case didn’t go unsolved. Our crime rate in those days were way less because citizens feared if they did something illegal they would get caught. Now law enforcement has to be very careful on their investigation tatics because someone might sue them. If you can tell me any different then show me the statistics that can prove me wrong.
Brian Moore That’s nice, you want to post an news story by an anti-gun liberal ran media.
Here are some facts for you to read ;
Brian Moore No, back in the day people were afraid of ending up like so many others ” DEAD “..
That’s now Law Enforcement, that’s an criminal enterprise, so you can stop trying to justify their illegal actions.
I bet you wished the Weikle days would come back, don’t you ?
Nicholas Spognardi Oh come on. Your the one that needs to learn more about what actually is going on in the world and come out from behind a computer and actually work the streets just one day. Put your life on the line for one day. I bet you wouldn’t because you would be scared that you might die your self.
Brenda Callahan-Collins Yeah get caught lol More like beat down out at the quarry. It would be nice if which ever one of your family bought my dad’s house would do something with it rather than just let it sit there like an eye sore. Just another open house for the drug addicts. 585 Burns Street. Tell the slum lord to clean up the mess please.
Nicholas Spognardi There was nothing wrong with that. If you were doing wrong then you got caught. I bet it happened to you and that is why your so against them.
Nicholas Spognardi Well that is MINE.
Nicholas Spognardi Then why dont you buy it back and do it for me.
Brenda Callahan-Collins Why are on earth have you allowed that house sit in that condition for so long? That neighborhood used to be nice until people like you came along!
Brian Moore Umm, no.
I have over 8 years of Law Enforcent under my belt, along with 16 years in the Army, I’m a disabled vet from being injured in Iraq in my 3rd tour, so I think I might know what I’m talking about.
And yes, in a string believer in that thing called the IS Constitution and the Bill if Rights.
Ciara Holmes 1-2 Ken Hauser,Ronald Mowry
3. Gatha Bowman
4.Judy Bruce (believe hers was solved)
5-6 Ronald and Elaine Wright
7. Mark Mellick
8. Andre Murphy
9. Scott Brooks
10. Virgil Cates
11. Diana Shaw
12. Debra(Debbie) Miller
14. Patricia Kitts
15. Deborah Holbrook
16. Marcia Matthews
17. Willie Rembert
Brenda Callahan-Collins I don’t need to buy it. You bought it and it’s yours to take care of. However, I spoke with Mr Windham on the right side and he was interested in it. Sell it to him for the back taxes you owe!!
Ciara Holmes Nicholas,this is a list of the unsolved murders during the Weikle days.
Brian Moore Good ole Weikle days days when if you didn’t cowar down, you ended up dead.
Great Law Enforcement there, Capone couldn’t have done it better.
Nicholas Spognardi Ok and show me where you got those so called stats and how reliable was your source. But in the end it is still a COLD CASE. So be it.
Brenda Callahan-Collins Crooked coming to defend the crooked! Now that’s laughable! lol
Nicholas Spognardi Why would I sell it to him for the back taxes when I own it free in clear. If it wasn’t sold to me in that condition then It wouldn’t still be in that condition. I was helping someone out when I had purchased it.
Nicholas Spognardi Hey if it werent for the Italians America wouldn’t of been found. Thank you Mr. Christopher Columbus.
Nicholas Spognardi This is a fun group to be apart of. Hopefully your able to solve the cases that wont give you a time and a day to find out the true evidence or what really is going on.
Brenda Callahan-Collins You don’t even make sense!! If you’re not going to do anything with it then why wouldn’t you sell it for the taxes that you’re already behind on? No one is going to give you what you paid for it now and when that house was sold by my father it was livable! Now just about all the windows are busted out and the coppers all missing plus no telling what other damages. It’s an eyesore! Do something with it or at least tear it down. Why should you care though when you aren’t planning on living in it, but the people in that neighborhood do.
Nicholas Spognardi How do you know that all the cooper is out of it? hmmm maybe you took it. Its time to open up a case on you and let the NJ know so they can write a story about it.
Brenda Callahan-Collins Well I’ll be darned I guess you finally caught up on those taxes!
Brian Moore Then may be that house needs reported, I have a buddy in Codes and Permits, would love to hear his attitude on it.
Maybe some fines, or the city tearing it down, and sending him the bill would work, as the city gets an additions 25K from the Government for tearing such properties.
Brenda Callahan-Collins Hahaha not hardly moron. I was told by the people in the neighborhood.
Brenda Callahan-Collins I think that’s a brilliant idea Brian!!
Nicholas Spognardi I have a buddy to in a few places too like everyone here, and ok you can do that because they know about it and we have been in touch. It don’t work that way though they have already received a grant and now with the land bank they are using it to get other properties out of the way first. It takes longer than a phone call and a report. But you can try.
Brian Moore But it all starts with just a simple phone call, things get pushed up when it’s being used as a drug house, or it’s unsafe for the kids, we have to take care of the kids…
Brenda Callahan-Collins Plenty of kid’s in that neighborhood to worry about too!
Nicholas Spognardi If that is what you think then we should start by letting the PD do their job and getting the guns off of the streets and out of peoples hands that dont need them.
Brian Moore Yes, for the children..
Brenda Callahan-Collins I think we all know what kinds of buddies you have Spognardi. I’ll be sure to sleep with some extra security!
Nicholas Spognardi For what reason?
Brian Moore Nothing worse then the slumlord Dave Lacy types !
Nicholas Spognardi Because you cant afford to buy back your Daddy’s house and clean up your neighborhood like the Real Estate investors do in this town.
Brenda Callahan-Collins I think you know for what reason!!
Nicholas Spognardi I know that sucks to have SLUMLORDS.
Brenda Callahan-Collins You don’t know what I can or can’t afford Spognardi! It’s not worth anything but a lot now that you’ve gotten. CLEAN UP YOUR OWN MESS INSTEAD OF TRYING TO PUSH IT OFF ON SOMEONE ELSE!
Nicholas Spognardi I dont know but please fill me in on your reasoning.
Nicholas Spognardi Its cleaned up and Iam not trying to push it off on anyone. You are wanting me to push it off on to someone else.
Brenda Callahan-Collins No I said tear it down or sell it to someone who wants to do something with it! You have let it sit for at least 2-3 yrs and have done nothing with it! Why do that? We have enough empty shells sitting in this town and people like you are the ones whose helped to create the wasteland we call Mansfield.
Brenda Callahan-Collins Your last name alone is enough cause for someone to feel insecure. Enough said!
Brian Moore Hey Nicolas.
How’s business going with Bill Fox ..
Nicholas Spognardi I dont know. Why’s that?
Brian Moore And the dealings with Miracle Motors on PAW.
Nicholas Spognardi What dealings with Miracle Motors.
Brenda Callahan-Collins Nicholas is this you????http://www.justice.gov/opa/pr/1996/Oct96/485crm.htm
Pam Sellards Jd crow! Wow that’s an old scandal that got swept under the rug and only half the story told
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Nicholas Spognardi Well you have to know who JD Crow worked for….hmmm and that was my Father that never did anytime for that… Because they couldnt find anything that was against the law.
Brenda Callahan-Collins Well from looking at his pics I would say that this was his dad. Apple doesn’t fall far from the tree, obviously.
Brian Moore He’s a rich spoiled kid, that has never really worked a day in his life.
Everything given to him, that’s his problem, he’s never been told no before, and he does not take rejection too well.
Brenda Callahan-Collins Kinda, like Frazier and Zehner won’t do any time for their wrongdoings either, eh Nick? Birds of a feather shall all flock together. Protecting and serving their own since the 50’s.
Brenda Callahan-Collins Yep gold spoon from day one just like his relation Shellie Gorman, who has her dirty little hands in Richland Academy elbows deep!
Phil Sydnor This will make a KILLER blog come Thursday – The Spognardi tell all how the Italians founded America – lol! You will make your Sr High Teachers proud –
Brenda Callahan-Collins Ironic, she is the very person who created the situation that showed me first hand how dangerous Frazier is to the community.
Brian Moore Uhh Ohh ..
Phil found a new person to add to the wall of shame….See More
Brenda Callahan-Collins They should know by now that they can’t stop all of us! Too many people know too much about all of them now!!
Phil Sydnor Nicolas should ask dad about choir practice where the boys used to take underage girls out for drinks today these fella’s would be labeled sex offenders, IF some of these girls could still speak. Hmmm?
CHARACTER OF PROCEEDING: Civil Appeal from the Court of Common Pleas, Case No. 98-223-H
The opinion of the court was delivered by: Wise, P. J.
NICHOLAS A. SPOGNARDI v. SCORES OF MANSFIELD
Summary judgment – premises liability.
JUDGES: Hon. John W. Wise, P. J. Hon. W. Scott Gwin, J. Hon. Julie A. Edwards, J.
Appellant Nicholas Spognardi appeals the decision of the Richland County Court of Common Pleas which granted summary judgment in favor of Appellee Scores of Mansfield, Inc. (“Scores”) in a slip-and-fall lawsuit. Appellee is an Ohio corporation doing business as “Scores Sports Bar” in Mansfield, Ohio. On March 9, 1997, Scores sponsored a non-alcoholic dance function for teenage patrons. Scores provided a deejay and a fog machine for the dance floor. That evening, appellant and his friends Greg Porter, John Simmons, and Rusty Roth arrived there to participate in the event. Shortly thereafter, appellant attempted to walk down a set of steps near the dance floor, but lost his footing and fell, resulting in injury to his left ankle. On April 1, 1998, appellant filed a complaint in the trial court alleging that the condition causing him to fall was caused by appellee’s negligence. On April 27, 1998, appellant amended said complaint to reflect appellee’s corporate identity. On April 15, 1999, appellee filed a motion for summary judgment, to which appellant replied on May 14, 1999. On June 15, 1999, the trial court, having reviewed the briefs and evidentiary materials submitted, found in favor of appellee. Appellant timely appealed and herein raises the following two Assignments of Error:
I. THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT BECAUSE IT WAS DEFENDANT’S INSTRUMENTALITY THAT PREVENTED PLAINTIFF/APPELLANT FROM HAVING KNOWLEDGE OF THE EXACT CAUSE OF HIS FALL.
II. THE TRIAL COURT’S JUDGMENT DENIED PLAINTIFF/APPELLANT HIS RIGHT TO HAVE NEGLIGENCE COMPARED PURSUANT TO O.R.C. §2315.19.
Summary Judgment Standard of Review
Summary judgment proceedings present the appellate court with the unique opportunity of reviewing the evidence in the same manner as the trial court. Smiddy v. The Wedding Party, Inc. (1987), 30 Ohio St.3d 35, 36. As such, we must refer to Civ.R. 56 which provides, in pertinent part: Summary judgment shall be rendered forthwith if the pleading, depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence in the pending case and written stipulations of fact, if any, timely filed in the action, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. * * * A summary judgment shall not be rendered unless it appears from such evidence or stipulation and only therefrom, that reasonable minds can come to but one conclusion and that conclusion is adverse to the party against whom the motion for summary judgment is made, such party being entitled to have the evidence or stipulation construed most strongly in his favor.
Pursuant to the above rule, a trial court may not enter summary judgment if it appears a material fact is genuinely disputed. The party moving for summary judgment bears the initial burden of informing the trial court of the basis for its motion and identifying those portions of the record that demonstrate the absence of a genuine issue of material fact. The moving party may not make a conclusory assertion that the non-moving party has no evidence to prove its case. The moving party must specifically point to some evidence which demonstrates the non-moving party cannot support its claim. If the moving party satisfies this requirement, the burden shifts to the non-moving party to set forth specific facts demonstrating there is a genuine issue of material fact for trial. Vahila v. Hall (1997), 77 Ohio St.3d 421, 429, citing Dresher v. Burt (1996), 75 Ohio St.3d 280. It is based upon this standard that we review appellant’s assignments of error.
In his First Assignment of Error, appellant argues trial court erred in granting summary judgment, alleging that his inability to clarify the cause of the fall was due to appellee’s own instrumentality. We disagree. A shopkeeper owes business invitees a duty of ordinary care in maintaining the premises in a reasonably safe condition so as not to unreasonably expose its customers to danger. Paschal v. Rite Aid Pharmacy, Inc. (1985), 18 Ohio St.3d 203. However, a business owner is not an insurer of the customer’s safety. Id. A long-standing rule of law in Ohio demands that a plaintiff in a premises liability action be able to identify or explain the reason for the fall. Cleveland Athletic Association Co. v. Bending (1934), 129 Ohio St. 152. See also, Wafner v. Equitable Life Assurance (Sept. 4, 1997), Franklin App. No. 97APE05-609, unreported. In his deposition, appellant indicated the following regarding the incident:
Q Okay. What did you fall on?
A I – I do not recall, couldn’t tell you.
Q After you saw your girlfriend you indicate you came down the steps as the smoke was coming up, you can’t tell …
Phil Sydnor Give him and others time, they’ll get there
Ciara Holmes Nicholas looks like your sue-happy yourself!!
Brenda Callahan-Collins Hahaha who looks like the dumbass now Nick???
Nicholas Spognardi First I went to Madison and they would be proud. Please read. http://www.britannica.com/…/127070/Christopher-Columbus
Master navigator and admiral whose four transatlantic voyages (1492–93, 1493–96,…See More
Phil Sydnor @ Ciara – good one
Brenda Callahan-Collins LMAO your best retort is about Christopher Columbus?! Please stop, I’m laughing so hard, I’m crying.
Phil Sydnor I hate to break it to you – The Myth:
America was discovered in 1492 because Europeans were starting to get curious about the outside world thanks to the Renaissance and Enlightenment and Europeans of the time just generally being the first smart peop…See More
It turns out our teachers, Hollywood and whoever we got our Thanksgiving mytholo…See More
Phil Sydnor I think St Nick is looking for more internet facts – lol!
Explore the updated online encyclopedia from Encyclopaedia Britannica with hundr…See More
Brenda Callahan-Collins Ummm, Britianica is not a reliable source. College English 101.
Phil Sydnor So, I suppose you trust snopes as well. My family came over as early settlers, the place where they settled is known as Sydnorsville. Where is Spognardiville? Sydnorsville can be found just south of Roanoke VA –
Phil Sydnor See it here in the map? – http://www.mapquest.com/maps?city=Sydnorsville&state=VA
Use MapQuest for driving directions and maps. See local traffic and road conditi…See More
Phil Sydnor Hey Nicolas, aren’t you the one involved in the solar energy deal with Swan Cleaners, how did that scandal work out?
Ciara Holmes Bill Fox from Galion was involved also,anyone that knows Bill would know about his illicit operation!!
Brenda Callahan-Collins Hmm, I think Spognardi is hiding out. lol
Brenda Callahan-Collins Interesting…this article was taken down and I had to retrieve it from the cache copy, but yet I can get articles from the MNJ that are older. Somebody must have forced it to be taken down.http://webcache.googleusercontent.com/search…
Brian Moore Yeah, he needs to shut up and just go away ..
Phil Sydnor Looks like somebody did shut him up the old fashioned way!
Last comment made the following day! – July 23, 2014 7:45am