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DaniJude
You're My Home <3
Member since 11/06 14815 total posts
Name: Danielle
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I am SO upset!!! *UPDATE*
UPDATED ARTICLE:
http://www.newsday.com/news/local/ny-pobari0820,0,3265108.story
UPDATED...
What a day!
Well, things were sorted out today. I'm glad I posted, I won't remove the post - it will have no bearing on our "relationship" with the lawyer because he is NO longer our lawyer. I hope he reads this - what he did was calculated and wrong.
...BUT, I do appreciate those helpful tips because if we did continue to use this person I understand how this would effect things - so I appreciate everyone's concern so much.
I posted because I was terrified everyone on here who has been so supportive would read that article and go W T H is wrong with them?!
What really stinks is that my father told him, flat out, he never wants to sue the county so filing the papers should never have been done. I understand the 90 day limit for a municipality but since we NEVER want to sue them and made that clear like 487493875845 times (lol) WHY would you ever need to file anything??
He figured he could get publicity from this, get some quick, easy money from the county -- and, honestly, we probably could cash in on the county - regardless of what happened, a good lawyer could find SOME way to make us rich -- but you know what? it means nothing to us - we are not rich people by any means, my brother lives with my sister in her condo and pays her rent lol he worked over-time to pay for christopher to do activities and sports -- but we STILL won't take an opportunity to cash in if it isn't ETHICAL. The only way we will take action in a suit is against the person who HIT him, the person he had to pull over b/c they just HAD to drive drunk that morning or the state of NJ for giving the person that hit him a license when he had NO BUSINESS having one. Only the ones who were negligent should be blamed and one of the things we look to achieve is making improvements to the "license system" which so many criminals are able to beat. It is actually a big homeland security breach but that's a whole other issue.
Other than that, I don't care if we can get 400 million dollars - we just won't do it... because it is not right and it is not where our priorities are. Our priority is Kenneth - him getting better and the safety of other officers and civilians from the epidemic that is drunk driving.
It upsets us to see the lawyer back peddling SO much and we worry that people who saw the article this morning will NOT see the article tomorrow saying it was false. At the end of the day, it is fine and it was just extra stress we didn't need but it is upsetting to be lied to and then, just because the attorney is trying to cover his butt, he still can't admit the wrong doing and continues to call it a 'misunderstanding'. My Dad actually told me that one of the lawyers at the firm said something to the effect of (this was a while ago) "wow, i commend you for not wanting to go after the county - that is really impressive" and my Dad just said "it is the right thing to do - it shouldn't be commended" but nowadays - so many people are "sue happy" that i guess he was pretty surprised by our stance.
Thanks so much for all the kind words about me and my family -- we just try and always do what is right and hope that in the end, things will work out for us. I'm glad things SEEM to be calming down a bit. I hope people walk away realizing how great the County has been to us and that not everyone sues no matter what.
Thanks again everyone! This is why I come here - You have all been so very helpful and supportive, as always.
..................................................
I don't know whether to be sad or angry - I feel a mixture of both. I was just reached for comment (on the phone) by a Newsday reporter. She asked me to comment on the LAWSUIT WE HAVE FILED AGAINST THE COUNTY OF NASSAU for my brother's accident.
That was me. I said, since the beginning my parents have been vehemently opposed to a lawsuit against the county. They made that abundantly clear to everyone from the county we have had contact with since the crash. My father told the lawyer we spoke to, FLAT OUT, I will never sue the county. They have been wonderful to us and had NOTHING TO DO WITH why Kenneth was hurt.
NEWSDAY article - so upsetting! and FALSE.
That article sounds HORRIBLE -- people are going to think this is TRUE and think we are greedy and terrible people. Sure, my brother works for the county but he was hurt b/c someone decided to DRIVE DRUNK -- not because of the roadway not being properly maintained
I issued comments via the reporter on the phone that this is FALSE FALSE FALSE but I'm afraid a lot of the damage is already done being that it was already released without our knowledge. I can't BELIEVE how things that are not true can get reported like this - NEVER believe anything you read!!
My parents are SO upset... after the department and county did all they did for us -- this is what happens??
My Dad is putting a call into that Lawyer first thing tomorrow AM.
Message edited 8/19/2008 8:12:07 PM.
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Posted 8/18/08 9:10 PM |
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saraH
happy birthday sweet kate!

Member since 5/05 16555 total posts
Name: I know that God exsists, I held her in my arms...
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Re: I am SO upset!!!
I would not make anymore comments to any reporters. Let your lawyer clear it up.
Sorry, I;m sure it sucks
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Posted 8/18/08 9:12 PM |
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Beth
The Key to your new home....

Member since 2/06 24849 total posts
Name: Beth
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Re: I am SO upset!!!
wow! that is so messed up!
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Posted 8/18/08 9:12 PM |
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happytobreathe
The Lazy Days of Summer

Member since 10/06 1413 total posts
Name:
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Re: I am SO upset!!!
It is amazing how people - reporters included- will create a story. I am so sorry!
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Posted 8/18/08 9:14 PM |
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Gertyrae
Peace out Homies!

Member since 5/05 20046 total posts
Name: Gerty ®
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Re: I am SO upset!!!
Does your family know the lawyer? Is he suing the state? If so, maybe he HAS to sue the county in order to cover the bases....
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Posted 8/18/08 9:16 PM |
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SweetestOfPeas
J'taime Paris!

Member since 3/06 32345 total posts
Name:
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Re: I am SO upset!!!
OMG!!!!!!! I would SUE NEWSDAY for slander! make them write a retraction AND an apology to your family.
your family has been through SO much, how can they do this to you?!!!!!!!!!!!!!!!
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Posted 8/18/08 9:17 PM |
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4PsInaPod
My Loves <3

Member since 7/07 10079 total posts
Name: D
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Re: I am SO upset!!!
I hope they pull that story and also make this reporter issue a false report and an apology.
Did you contact newsday?
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Posted 8/18/08 9:18 PM |
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JenMarie
One day at a time

Member since 11/07 7397 total posts
Name: Jennifer
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Re: I am SO upset!!!
I'm so sorry! After everything your family has been through, it is so wrong for someone to do this to you.
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Posted 8/18/08 9:18 PM |
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Jenn627
Laaaaaaaambert!

Member since 5/08 9818 total posts
Name: Jenn
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Re: I am SO upset!!!
Posted by DaniRella
I don't know whether to be sad or angry - I feel a mixture of both. I was just reached for comment (on the phone) by a Newsday reporter. She asked me to comment on the LAWSUIT WE HAVE FILED AGAINST THE COUNTY OF NASSAU for my brother's accident.
And in the article they say you couldn't be reached for comment?!?!? Seriously screwed up.
I'm so sorry for what you and your family have been going through.
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Posted 8/18/08 9:19 PM |
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summerBaby10
let's be nice

Member since 9/07 10208 total posts
Name: Wifey
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Re: I am SO upset!!!
wow, that is so messed up. Sid Cassese should check his facts before writing an article.
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Posted 8/18/08 9:23 PM |
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DaniJude
You're My Home <3
Member since 11/06 14815 total posts
Name: Danielle
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Re: I am SO upset!!!
The problem lies w/ the lawyer, quoted in the article. My Dad made it VERY clear that if he wanted to "look into" suing the state regarding the roadway he could do what he wants but that we don't feel that has ANYTHING to do with it and do NOT want to pursue a suit against the state... Then, and he has said this like fifty times - he will NEVER, EVER sue the county or do anything that is even closely related to the county. The problem is this lawyer went ahead and made the claim anyway -- which we can AND WILL speak to him about and have him retract any notice of suit -- but the other problem is Newsday runs with this, like it is the gospel truth, and NEVER tried to reach me for comment -- they just reached me at around 9pm AFTER the story was already sent to print to be in tomorrow's paper AND was put on Newsday.com!!!!
I would go to the lawyer to have him make comments against what happened but he is the one who FILED the suit! My Dad is going to have an INTERESTING convo with HIM on the phone tomorrow.
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Posted 8/18/08 9:25 PM |
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HoneyBadger
YourWorstNightmare.

Member since 10/06 15979 total posts
Name: BahBahBlackJeep
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Re: I am SO upset!!!
OMG that is SO awful!!! I'm so sorry!!!!
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Posted 8/18/08 9:27 PM |
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KateDevine
*
Member since 6/06 24950 total posts
Name:
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Re: I am SO upset!!!
How could the lawyer have filed papers without your brother or your family's consent? I don't understand...this lawyer does not represent your brother?
ETA: He can't file those papers unless your brother (or his POA) retained him. That Notice of Claim has to be signed by your brother (or his POA)
Message edited 8/18/2008 9:31:13 PM.
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Posted 8/18/08 9:29 PM |
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Stacey1403
Where it all began....
Member since 5/05 24065 total posts
Name:
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Re: I am SO upset!!!
Who is able to make legal decisions for your brother right now? I can't believe a lawyer would do that without consulting your parents Hopefully they can print a big retraction!!
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Posted 8/18/08 9:29 PM |
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Gertyrae
Peace out Homies!

Member since 5/05 20046 total posts
Name: Gerty ®
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Re: I am SO upset!!!
So, most likely what happened is that the lawyer - in order to gain publicity regarding the suit - called Newsday to tell them the family was suing. They didn't really try to call the family because they assumed that the lawyer wasn't lying. If I were your parents, I would call a different lawyer and find out about a libel suit against this lawyer. IF your father said to "look into" a suit against the state and only the state, yet he already filed suit and is publicizing it...that's wrong. But, the lawyer is going to make as big a deal as he can about the suit cuz he stands to make a ton of $$$$$$$ off the settlement.
So sorry you have to deal with this now....
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Posted 8/18/08 9:29 PM |
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seaside
LIF Adult
Member since 6/08 3101 total posts
Name:
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Re: I am SO upset!!!
Outrageous Can you get a PR firm to donate some PR to help you combat these people. They have no decency. If not maybe a letter to the editor and a demand for a retraction--a "have you no decency" campaign to shame them into telling the truth.....
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Posted 8/18/08 9:33 PM |
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Reese1106
Family of 4! :o)

Member since 8/06 6655 total posts
Name: Theresa
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Re: I am SO upset!!!
OMG! Can you file a complaint against the lawyer? That is horrible! With all your family has gone through, this is the last thing you all needed. I am so sorry.
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Posted 8/18/08 9:33 PM |
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DaniJude
You're My Home <3
Member since 11/06 14815 total posts
Name: Danielle
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Re: I am SO upset!!!
Posted by KateDevine
How could the lawyer have filed papers without your brother or your family's consent? I don't understand...this lawyer does not represent your brother?
ETA: He can't file those papers unless your brother (or his POA) retained him. That Notice of Claim has to be signed by your brother (or his POA)
We retained him, through a recommendation, we were interested in looking into suing the DRIVER that hit my brother, the DRIVER who he originally pulled over and/or the state of NEW JERSEY for illegally issuing the drunk driver who hit my brother a license he should have NEVER had. THOSE are reasons -- those two drivers are liable for their illegal/criminal behavior -- and the state of NEW JERSEY for not having a good system for checking people to see if they are legally obtaining a license (they have a system that he was able to beat by dropping his middle initial!!!) --- they are negligent - NO ONE ELSE.
Even though we made this clear -- he still went ahead, FOR SOME REASON, and sent papers to Nassau County and stated this is our intention--- we can now, and WILL, pull it and keep it from happening -- that is where our rights come in at this point - to drop the suit. But, in this case bc of the media, the damage is done and it looks BAD.
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Posted 8/18/08 9:35 PM |
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DaniJude
You're My Home <3
Member since 11/06 14815 total posts
Name: Danielle
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Re: I am SO upset!!!
Posted by Stacey1403
Who is able to make legal decisions for your brother right now? I can't believe a lawyer would do that without consulting your parents Hopefully they can print a big retraction!!
He'll probably back track and say it was a big misunderstanding -- meanwhile, my Dad made it SO SO SO CLEAR that we will NEVER sue the county or do anything that involves them... Either way, I don't think he'll be our lawyer anymore come tomorrow.
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Posted 8/18/08 9:36 PM |
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DaniJude
You're My Home <3
Member since 11/06 14815 total posts
Name: Danielle
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Re: I am SO upset!!!
Posted by Gertyrae
So, most likely what happened is that the lawyer - in order to gain publicity regarding the suit - called Newsday to tell them the family was suing. They didn't really try to call the family because they assumed that the lawyer wasn't lying. If I were your parents, I would call a different lawyer and find out about a libel suit against this lawyer. IF your father said to "look into" a suit against the state and only the state, yet he already filed suit and is publicizing it...that's wrong. But, the lawyer is going to make as big a deal as he can about the suit cuz he stands to make a ton of $$$$$$$ off the settlement.
So sorry you have to deal with this now....
BINGO!
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Posted 8/18/08 9:37 PM |
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KateDevine
*
Member since 6/06 24950 total posts
Name:
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Re: I am SO upset!!!
Posted by DaniRella
Posted by KateDevine
How could the lawyer have filed papers without your brother or your family's consent? I don't understand...this lawyer does not represent your brother?
ETA: He can't file those papers unless your brother (or his POA) retained him. That Notice of Claim has to be signed by your brother (or his POA)
We retained him, through a recommendation, we were interested in looking into suing the DRIVER that hit my brother, the DRIVER who he originally pulled over and/or the state of NEW JERSEY for illegally issuing the drunk driver who hit my brother a license he should have NEVER had. THOSE are reasons -- those two drivers are liable for their illegal/criminal behavior -- and the state of NEW JERSEY for not having a good system for checking people to see if they are legally obtaining a license (they have a system that he was able to beat by dropping his middle initial!!!) --- they are negligent - NO ONE ELSE.
Even though we made this clear -- he still went ahead, FOR SOME REASON, and sent papers to Nassau County and stated this is our intention--- we can now, and WILL, pull it and keep it from happening -- that is where our rights come in at this point - to drop the suit. But, in this case bc of the media, the damage is done and it looks BAD.
He still can't file the papers without a signature.
Listen, just b/c you (or this lawyer) filed a NOC, doesn't mean you are suing the county, it just means you are reserving the right to sue the county. There is a strict statute for it.
I am NOT really sticking up for the lawyer, but he may have felt it would have been legal malpractice to not cover this base in the long run, honestly, I'd blame Newsday....
I'm sorry, the whole thing suxx
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Posted 8/18/08 9:37 PM |
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donegal419
St. Gerard, pray for us.

Member since 7/07 7650 total posts
Name: K
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Re: I am SO upset!!!
I love how they say Kenneth has filed the suit in the first paragraph and then towards the end of the article they say how he still unable to speak or move his legs. LIke he would even WANT to worry about something so trivial right now!!
What JERKS! you all have more than enough to worry about right now. this is so not right or fair.
Continued prayers and good wishes to you all!!!!
Message edited 8/18/2008 9:41:37 PM.
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Posted 8/18/08 9:41 PM |
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DaniJude
You're My Home <3
Member since 11/06 14815 total posts
Name: Danielle
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Re: I am SO upset!!!
Posted by KateDevine
Posted by DaniRella
Posted by KateDevine
How could the lawyer have filed papers without your brother or your family's consent? I don't understand...this lawyer does not represent your brother?
ETA: He can't file those papers unless your brother (or his POA) retained him. That Notice of Claim has to be signed by your brother (or his POA)
We retained him, through a recommendation, we were interested in looking into suing the DRIVER that hit my brother, the DRIVER who he originally pulled over and/or the state of NEW JERSEY for illegally issuing the drunk driver who hit my brother a license he should have NEVER had. THOSE are reasons -- those two drivers are liable for their illegal/criminal behavior -- and the state of NEW JERSEY for not having a good system for checking people to see if they are legally obtaining a license (they have a system that he was able to beat by dropping his middle initial!!!) --- they are negligent - NO ONE ELSE.
Even though we made this clear -- he still went ahead, FOR SOME REASON, and sent papers to Nassau County and stated this is our intention--- we can now, and WILL, pull it and keep it from happening -- that is where our rights come in at this point - to drop the suit. But, in this case bc of the media, the damage is done and it looks BAD.
He still can't file the papers without a signature.
Listen, just b/c you (or this lawyer) filed a NOC, doesn't mean you are suing the county, it just means you are reserving the right to sue the county. There is a strict statute for it.
I am NOT really sticking up for the lawyer, but he may have felt it would have been legal malpractice to not cover this base in the long run, honestly, I'd blame Newsday....
I'm sorry, the whole thing suxx
I see what you are saying. But my father must have not realized SOMEHOW b/c he would NEVER knowingly pursue a suit against the county or even SUGGEST a pursuit against the county --- and had a STROKE when we called him to tell him about this -- the problem is we have never done this before, don't know what we are doing and thought we could trust the lawyer to listen to us and be completely OPEN about what he is doing/planning to do.
I need this like I need a HOLE in the head
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Posted 8/18/08 9:41 PM |
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MrsRJP
Happy Spring!!!

Member since 12/07 2151 total posts
Name: Rena Marie
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Re: I am SO upset!!!
Dani, I am so sorry that this has happened. I would threatened to get a new lawyer if this guy does not comply with your families wishes. I understand suing the DRIVER and NJ but where did he get Nassau County out of that. Seems fishy. I would also go after Newsday threatening them with a lawsuit if they don't retract and put a public apology to your family and Nassau County. That is just flat out wrong especially after what Nassau did for your brother. Newsday has some nerve just printing something without your knowledge and they said in the article that your family couldn't be reached too.
Here are some and I hope your family and Kenneth teach Newsday a lesson.
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Posted 8/18/08 9:42 PM |
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DaniJude
You're My Home <3
Member since 11/06 14815 total posts
Name: Danielle
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Re: I am SO upset!!!
we should NOT have listened when 100 people told us "just to cover yourselves - you should look into getting a lawyer" meanwhile we were like lawyer?! we can't even think ahead to TOMORROW -- but after so many people kept "warning" us to do so we did and figured - let him handle all the crap - we'll just tell him what we DON'T want and what we are OK with and be done with it.
Not so simple.
Thanks for letting me vent and TRY to get the truth out there.
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Posted 8/18/08 9:44 PM |
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