Stonyfield Farm, Londonderry, N.H., introduced limited-edition Oh My Yog! in a New England Maple flavor, available from December 2015 to April 2016.
Made from organic whole milk and featuring maple syrup sourced from New Englanders, Oh My Yog! features a unique 3-layer format, with maple on the bottom, honey-infused yogurt in the middle and a decadent layer of cream on top.
"Oh My Yog! has been a big hit with consumers since we introduced the product earlier this year," says Lizzie Conover, brand manager. "It's the perfect blend of rich, satisfying flavors and wholesome organic whole milk. With the limited-edition New England Maple flavor, we are thrilled to celebrate seasonal ingredients found right here in our own backyard in New England."
Stonyfield's Oh My Yog! New England Maple is organic, certified gluten-free, non-GMO and made without the use of toxic-persistent pesticides, artificial hormones or antibiotics. Each 6-ounce container contains 7 grams of protein per cup and boasts a suggested retail price of $1.59.


text:
Q: Binary Search Tree Array Imp. C++ I'm just having trouble with Inserting into the array...And having the children branch off from the root, or "parent"..
I've been trying to insert data into an array based implementation of a BST:
BST::BST(int capacity) : items(new item[capacity]), size(0)
{
     // define the constructor to the BST Class.
}

void BST::insert (const data& aData)
{
    if ( items[root].empty ) // make the first data the root.
    {
        items[root].theData = aData;
        items[root].empty = false;
        size++;
    }
    else if ( items[root].theData.getName() < aData )
    {
        items[leftChild].theData = aData; // will be overwritten...
        this->insert(aData);
    }
    else if ( aData < items[root].theData.getName() )
    {
        items[rightChild].theData = aData;
        this->insert(aData);
    }
}

A few things are wrong with this. Let me start by saying that the first incoming data will be the root. All other data will be compared against it. When I make the recursive calls to "insert" that is essentially how I "think" i am "traversing" (if it were a linked list). The main problem for me is knowing that my left and right children will be overwritten. I'm wondering How I can keep branching from the child "nodes"...?
Here is my header file for the BST class, I'm also concerned if I have set the members up right and everything..?
class BST
{
public:
    BST(int capacity = 5);
    BST(const BST& aTable);

    void insert(const data& aData);
         ....
 private:
    int size;  // size of the ever growing/expanding tree :)

    struct item
    {
        bool empty;
        data theData;
    };

    item  * items;    // The tree array
    int   rightChild; // access to the RHS
    int   leftChild;  // access to the LHS
    int   root;   // index to the root
};

I have another source file, "data" to which i am making the calls, "getname". Three simple methods I have defined so far are the assignment operator overload, comparison '<' overload and the ctor to the data class:
data::data(char const * const name) : name(new char[strlen(name)+1])
{
    if (name)
    {
        strcpy(this->name , name);
    }
    else this->name = NULL;
}

data& data::operator=(const data& data2)
{
    if ( this != &data2 ) // check for selfassignment
    {
        delete [] name;
        name = NULL;

        this->name = new char[strlen(data2.name)+1];
        strcpy(this->name , data2.name);
    }
    return *this;
     }

bool operator< (const data& d1, const data& d2)
{
    if ( strcmp( d1.getName(), d2.getName() ) == -1 )
    {
        return false;
    }
    else if ( strcmp( d1.getName(), d2.getName() ) == 1 )
    {
        return true;
    }
    return false; // if they are equal return false
}

A: I see a few problems.  leftChild and rightChild should be members of the item struct, not of BST, because they are different for every item (or they should not exist as fields and be computed dynamically).  I see no code that ever sets leftChild and rightChild to anything.
It looks like you're trying to recursively define insert.  You should probably define an insert helper function that takes both an item and an index of the insertion point.  That should set you on the right track.
The wikipedia article has more pseudocode you can look at.

redpajama_set_name: RedPajamaStackExchange


text:
Man With Fractured Penis Offers Important Anatomy Lesson
Mr. Dai was enjoying vigorous sex with his wife when he heard a sudden crack. The pain started immediately, and it was excruciating. Mr. Dai had fractured his penis.
The unfortunate Guangxi-based gentleman was rushed to the hospital on April 8, where doctors found his penis swollen like an eggplant and bent at an odd angle, the New Zealand Herald reports. It was a classic case of penile fracture, an affliction that researchers say is "uncommon."
You may be asking yourself: How can a dick break if it doesn't have a bone? Most people who have encountered an erect penis know that, while a boner certainly feels bone-hard, it does not, in fact, contain a bone. But as Mr. Dai and a surprising amount of medical literature have shown, a penis doesn't need a bone to break.
In a 2014 paper in Advances in Urology about the conditions that most often lead to a broken penis, a team of Brazilian scientists outlined the process by which it can break. Consider this cross section of a dick:
The two big bulges are the corpora cavernosa — latin for "cave-like bodies" — which is spongy tissue that's densely threaded with blood vessels. When a penis gets hard, it's because blood is rushing in to fill those caves. All that hot blood needs to be contained, however, and that's where the fibrous envelope known as the tunica albuginea — a hardy sheath of connective tissue — comes in. This ensures the blood in a hard penis stays put. Until it doesn't.
What happened to poor Mr. Dai is that his tunica albuginea ruptured, causing the loud popping sound. The blood rapidly spilled out — being mid-intercourse, his body was still channelling his blood toward his genitals — which is why he showed up at the hospital with a swollen, purple dick. Fortunately, doctors can suture the broken tunica albuginea during emergency surgery, and one Urology study pointed out that it doesn't really matter how much time you spend freaking out before you get to the hospital — whether you get there ASAP or wait up to a week, recovery seems to be the same.
Fractured penises could look a lot like this eggplant.
Luckily, recovery usually also means full restoration of the ability to get a boner. But while it heals, having erections can be painful — that's why some doctors recommend taking drugs like diazepam or stilboestrol to suppress unwanted ones; others, however, say that the pain usually prevents one from forming, anyway.
The Brazilian researchers did point out that there are ways that penile fractures can be avoided. They found that cowgirl-style, woman-on-top sex is the position that puts a penis at most risk of breaking, but more generally any position (or activity) that risks only partial entry of a dick into a thing can be dangerous.
In a recent interview with Broadly, Indiana University School of Public Health professor Debby Herbenick explained that "penile fracture is more likely to occur in sex positions in which the penis fully comes out of a partner's body before going back in, with the risky moment being the re-entry into the vagina or anus or mouth." Other researchers have pointed out that "vigorous masturbation" can also hurt a dick.
It's not clear what position Mr. Dai was trying out that painful night, though we do know that, whatever it was, he was giving it all he had. Still, only he can answer what's really the most important question about penis fracture: Was it worth it?
Infection expert answers 7 top questions about Covid-19's "Kraken" subvariant
By The Conversation and Sameer Elsayed
New mRNA cancer vaccine has a key difference from most jabs
By Mark R. O'Brian and The Conversation
Tripledemic: How viruses may outcompete each other
By Amber Dance and Knowable Magazine

redpajama_set_name: RedPajamaCommonCrawl


text:
Cross harbor barge movements in New York?
Ken Hocke
Decades after losing its deepwater cargo trade to New Jersey, New York City Mayor Bill de Blasio and other city leaders say they are ready for an aggressive plan to redevelop the South Brooklyn Marine Terminal.
The U.S. Maritime Administration and U.S. Department of Transportation on Monday formally recognized the city-owned South Brooklyn Marine Terminal in Sunset Park, and the nearby Red Hook Container Park as part of the national Marine Highway System. That could put New York in line for federal support to re-establish cargo operations close to the heart of the city.
"This is a big step towards putting our waterfront back to work. Soon, cargo ships that would have docked in New Jersey will be docking here in Brooklyn, bringing good jobs, taking trucks off our streets and helping spur this growing industrial hub," de Blasio said.
Along with generating new work for the region's tug and barge fleets, city officials tout the future port's potential for creating hundreds of well-paying union jobs.
New York's deep and storied merchant shipping trade began to erode in the 1950s and '60s, as passenger liner service to Europe was replaced by airline travel, and shippers began migrating to Port Newark on New Jersey's west side of the harbor, with its easier highway and rail access.
Now the city's planning for the Brooklyn terminals actively involves those New Jersey port users, to envision an integrated cross-harbor transportation system that can deliver goods directly into the city by water. Within five years, use of the Red Hook terminal alone could eliminate 275,000 truck trips and their diesel emissions from city neighborhoods, de Blasio said.
That plan for a New York Harbor Container and Trailer Barge Service shows "the collaborative atmosphere prevalent in the Port of New York and New Jersey," said John Nardi, president of the New York Shipping Association. One barge of containerized cargo crossing the harbor can eliminate 250 trucks from city streets, and the towboats emit 20 times less nitrogen oxide and sulfur dioxide per ton of cargo moved compared to trucking, according to the mayor's office.
Cross-harbor barge movements would help ease congestion on the region's bridges and tunnels too. Longer-term rail line improvements could give Brooklyn some of the intermodal advantage of the New Jersey ports, but developing those links will take years.
The plan stalled last winter amid disputes between the de Blasio administration and Brooklyn leaders, who wanted more community control and assurances that other private redevelopment near the waterfront would not hamper port development and its local jobs.
Ken Hocke has been the senior editor of WorkBoat since 1999. He was the associate editor of WorkBoat from 1997 to 1999. Prior to that, he was the editor of the Daily Shipping Guide, a transportation daily in New Orleans. He has written for other publications including The Times-Picayune. He graduated from Louisiana State University with an arts and sciences degree, with a concentration in English, in 1978.
Barges over trucks in New York City
The water cure for New York congestion
Marine highways called answer to interstate jams
Barges are big in New York's $100 million freight plan


Sports forums and message boards about favorite players and teams. Predict scores and trash talk.
Providing discussions on any sport.
Message boards for NASCAR, football, baseball, basketball, hockey and college sports. Forums organized by sport and team.
Features links to sports resources such as news, media, and fan sites for football, baseball, basketball and college sports.
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Offering worldwide sports news and sport-by-sport links.
Links to pro and college teams, soccer teams, newspaper sports, radio sports and opinion polls.
Guide to sports teams, schedules, local newspaper sports sections, internet radio and sports scores.
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Search engine and directory to find baseball, basketball, football, hockey, racing and soccer sites.
Links for clubs, magazines, manufacturers, competition, news, and retailers.
NASSH promotes and encourages study and research and writing of the history of sport; and supports local, national, and international organizations having the same purposes.
Coverage of best-of-7 MLB, NBA, and NHL playoff series, featuring series, inter-game, and intra-game historical victory probabilities.
Downloadable databases. Sort, query, limit, and display all player and team statistics.
The history of professional team sports in Birmingham, Alabama.
Archive of sports history including the top 3 finalists from Olympics and major championships worldwide.
Providing sports history on esoteric topics that often fall below the collective sports radar.
Information about the U.S. collegiate hall of fame.
Promotes the study of the history of sport; offers profile, blog, details of events, and contacts.
Covers breaking stories from across the globe, ranging from the latest sponsorship agreements and broadcast rights deals, to the announcement of major events and movement of the industry's major players.
Contains coverage of college and professional sports with articles, game summaries, current standings and statistics.
Free sports portal that allows members to custom configure the site's content based on their preferences.
Site for regional Asia as well as international sports news with results, rankings and full details.
Sports news, scores, games and fun.
Community-based weblog featuring categories for boxing, basketball, hockey, football, and general discussions.
A look at the world of sports and the bad things that athletes do from the schoolyards to the professional ranks.
Video highlights, live streams and scores for Formula 1, tennis, football, cricket and basketball.
Designed to be a gateway to sports broadcasting and a haven for sports fans of all ages.
Sports headlines and original columns.


May appeal to more mature middle school listeners.
This complex tale is aptly bittersweet and invites reflection about justice, judgment, and loyalty. A strong purchase for fans of layered, realistic mysteries and drama.


In most homes, windows are more vulnerable than front doors. Window locks are less comprehensive and secure compared to door locks. Although windows are more difficult to reach, intruders may still target properties that have inadequate window security. In recent years, home alarms have been expanded to cover window security needs.
The ideal choice is to install a home alarm system. It provides window contacts that keep track of open or shut windows, enhancing all ground level window security. Moreover, it provides security to every door, to detect motions in specific areas to give you all-round home security.
Besides cracking window locks, burglars may break the glass to intrude into your home. A glass break alarm is another alternative for protecting large spaces with multiple, fixed windows.


Workspace ONE UEM can manage custom B2B applications acquired with managed distribution codes but it cannot manage custom B2B applications acquired with redemption codes.
The ability of Workspace ONE UEM to manage the custom B2B application determines the push modes available to distribute the application.
Workspace ONE UEM can manage custom B2B applications acquired with managed distribution codes.
Workspace ONE UEM cannot manage custom B2B applications acquired with redemption codes.
To read about more support for VPP and custom B2B applications in Workspace ONE UEM, see Custom B2B Applications and Apple's VPP.


text:
RULES & REGULATIONS for GMC Kenya 2019-2020 Edition
The Global Management Challenge Kenya is a strategy and management competition hosted in Kenya by Tarpo Industries Ltd., primarily as an experiential learning platform. A small team within Tarpo Industries Ltd., acts as the "organisers".
The Global Management Challenge Kenya 2019-2020 includes four phases: a trial run, one national round, one national final, and one international phase where the winning team of the national final will have the opportunity to represent Kenya in the International Global Management Challenge to be held in Lisbon, Portugal.
The Global Management Challenge Kenya will take place in accordance with the schedule published on the web site(s). The event organizers reserve the right to change the expected dates for the Decisions in the case of unforeseen circumstances, including for example, but not limited to, failures of the ISP (Internet Service Provider) which hosts the event organizer's website. Any changes to the schedule shall when practical be notified to all team leaders by email to all the addresses notified by the same when registering.
In the Trial run, all registered teams will have the opportunity to play the game for one week where two sets of decisions will be submitted. The aim of the trial run will be for participants to familiarize themselves with the game.
In the First Round, all registered teams shall be identified by numbers and assigned to groups, through a draw. The draw is done by the simulator software.
Each round (First Round and National Final) of the Global Management Challenge includes five sets of decisions corresponding to five "Quarterly Management Reports".
At the end of each round of the Global Management Challenge, the team with the highest price for its company's shares will be declared the winner thereby proceeding to the next round.
If, within the same group, several teams achieve the same highest price per share, first place shall be attributed to the team which, in the last set of decisions of the respective Round, obtains the highest positive value for the Net Worth position.
The National and International Final of the Global Management Challenge shall be held at a hotel, a corporate facility, or an alternative appropriate venue as decided by the organisers. Teams are not allowed to contact each other during the Finals, except interaction during the lunch break. Failure to respect this rule shall result in disqualification.
The attribution of prizes, whether individual or team-based, relating to the National and International Final requires the attendance and participation of the team members (properly identified) at the respective event.
Only those with a valid passport in good standing will be eligible to participate in the National Final
The prize for the Winner of the national phase of the Global Management Challenge shall be attributed to the team that achieves the highest share price for its "company" in the last Decision of the National Final.
The winner of the National Final will have the opportunity to represent Kenya in the International Final of the Global Management Challenge. The winning team shall within fourteen (14) days after the National Final confirm the availability of all its team members to participate in the International Final of the Global Management Challenge. In the event that a team cannot participate in the International Final, the event organizers reserve the right to nominate the team that is to participate according to the order of classification of the National Final.
Costs of airfares, visas, accommodation and any other expenses related to participation at the International Final in Lisbon, Portugal will be the responsibility of the winning team members.
The Organizers will continue to look for corporate and institutional sponsors who may be willing to contribute towards such costs but will not be held liable should such an outcome not be possible
In order to participate in the Global Management Challenge, the teams must complete the online registration form that shall be accepted only if properly filled out and validated by the event organizers before the start date of the Competition.
Participation is restricted to those who have completed secondary school education
Applications for the Global Management Challenge Kenya will not be accepted from persons not residing in Kenya.
Each team in the Global Management Challenge must have a minimum of three, and a maximum of five members.
The composition of each team is personal and exclusive in its nature, with it being expressly prohibited to form teams including members who are simultaneously registered in other teams of the competition.
The provisions of the preceding rule apply to all the teams, and in all the phases / rounds of the competition.
Irrespective of the competition phase, a breach of the provisions of rule 15 shall result in the immediate and automatic disqualification of all teams having a composition that does not respect its terms.
Any changes to the members of the teams must be communicated to the event organizers, in writing, before the third Decision of the Opening Round, without prejudice to the provisions of the final part of rule 17.
If one or more teams qualifying for the Second Round or the National Final withdraw, at the discretion of the organisers they may be replaced by the team(s) in the respective qualification group(s) with the next highest classification.
Each team must complete and send its Decisions via (internet) the designated site (competition portal) in compliance with the competition schedule. Failure to do so, (and in particular, internet failures and/or other reasons not attributable to the event organizers), default values, as described in the Manual, shall be automatically entered as that team's decisions. Teams that do not send at least three of the five sets of decisions in each round of the Global Management Challenge are automatically disqualified from the Competition.
Each team is responsible for checking that its decisions, as reproduced in the Management Report, are correct and correctly sent. Possible errors arising from the transmission / receipt of the data relating to the decisions (for example, the corruption of files), can only be corrected if reported to the event organizers within a maximum period of 24 hours after of the Management Report is made available on the designated site.
At the time of registration, each team member must declare that they have knowledge of the content of these rules and the respective manual provided to it, expressly recognizing that all the decisions relating to the interpretation and application of these rules shall be exclusively decided by the organizers. Each participant acknowledges and expressly accepts that the decisions made by the organizers are final and irrevocable in nature, and are therefore not capable of being appealed or opposed.


text:
Tax rates & allowances
Latest News for Business
01423 581050 contact@djnaccountants.com
If you can't find what you are looking for on our website then here are some useful sites that could help you.
www.startups.co.uk
This is aimed at SMEs. It has a clear and simple design and combines news with practical advice. There's plenty of practical advice in a no-nonsense style.
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An independent organisation aiming to foster success in young people to start and develop their own businesses. Also hosts a national competition for start-ups to accelerate young business ideas. Free advice for 16 to 30 year olds.
www.newbusiness.co.uk
A comprehensive website dedicated to new businesses.
www.livewire.shell
Provides the latest information on how Shell Livewire assists people aged 16-30 who are looking to start their own business.
www.britishchambers.org.uk
This is the site of the British Chamber of Commerce, the national voice of local business providing a range of services including international trade, training and cost-effective commercial services.
www.fsb.org.uk
The Federation of Small Business is the leading political lobby for British small business.
www.yell.com
Home of the online version of the Yellow Pages. Search by keywords and browse by category. A hugely impressive site with massive investment.
www.accountingweb.co.uk
A website designed for the accountancy community providing accounting and taxation information.
www.gov.uk
This site aims to tell you "everything" about the UK government.
www.gov.uk/hmrc
Advice from HMRC for small businesses and those going self-employed. It's surprisingly helpful and full of useful information.
beta.companieshouse.gov.uk
This provides information for limited companies, including name searches and basic company information.
www.gov.uk/government/organisations/department-for-business-energy-and-industrial-strategy
The Department for Business, Energy & Industrial Strategy (BEIS).
Government health and safety advice.
www.statistics.gov.uk
This is the site of the National Statistics Office. It's updated regularly.
www.google.co.uk
The world's most used search engine.
www.bing.co.uk
Microsoft's popular search engine.
www.yahoo.co.uk
A very popular search engine.
www.ft.com
Up to the minute news, information and analysis.
www.bbc.co.uk
Find the latest news on the BBC's website.
MTD for ITSA delayed for two more years
The Treasury has announced that Making Tax Digital for income tax self assessment (MTD for ITSA) will be delayed for two more years until April 2026.
Tax non-compliance during pandemic
Tax non-compliance during the pandemic cost the UK government £9 billion, according to a report from the National Audit Office (NAO).
Government extends mortgage guarantee scheme
The Mortgage Guarantee Scheme will be extended by a year to the end of December 2023, helping people with 5% deposits on to the property ladder, the UK government has announced.
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The House of the Seven Gables was Hawthorne's follow-up to The Scarlet Letter. The book tells the story of an evil house, cursed by a man who was hanged centuries before for witchcraft. The house is haunted by the ghosts of its past, and wrapped in the fear of the living. The riveting psychological drama focuses on the Pyncheon family, who have lived for generations under a dead man's curse. It is only through love that their house is finally exorcised of its sinful past.
Nathaniel Hawthorne (1804–1864) was an American author who is perhaps best known for The Scarlet Letter and the short-story collection Twice-Told Tales.
Donada Peters is one of AudioFile magazine's Golden Voices and has won over a dozen AudioFile Earphones Awards.
Half-way down a by-street of one of our New England towns, stands a rusty wooden house, with seven acutely peaked gables facing towards various points of the compass, and a huge, clustered chimney in the midst. The street is Pyncheon-street; the house is the old Pyncheon-house; and an elm-tree, of wide circumference, rooted before the door, is familiar to every town-born child by the title of the Pyncheon-elm. On my occasional visits to the town aforesaid, I seldom failed to turn down Pyncheon-street, for the sake of passing through the shadow of these two antiquities; the great elm-tree and the weather-beaten edifice.
The aspect of the venerable mansion has always affected me like a human countenance, bearing the traces not merely of outward storm and sunshine, but expressive also of the long lapse of mortal life, and accompanying vicissitudes that have passed within. Were these to be worthily recounted, they would form a narrative of no small interest and instruction, and possessing, moreover, a certain remarkable unity, which might almost seem the result of artistic arrangement. But the story would include a chain of events extending over the better part of two centuries, and, written out with reasonable amplitude, would fill a bigger folio volume, or a longer series of duodecimos, than could prudently be appropriated to the annals of all New England during a similar period. It consequently becomes imperative to make short work with most of the traditionary lore of which the old Pyncheon-house, otherwise known as the House of the Seven Gables, has been the theme. With a brief sketch, therefore, of the circumstances amid which the foundation of the house was laid, and arapid glimpse at its quaint exterior, as it grew black in the prevalent east wind pointing, too, here and there, at some spot of more verdant mossiness on its roof and walls, we shall commence the real action of our tale at an epoch not very remote from the present day. Still, there will be a connection with the long past; a reference to forgotten events and personages, and to manners, feelings, and opinions, almost or wholly obsolete; which, if adequately translated to the reader, would serve to illustrate how much of old material goes to make up the freshest novelty of human life. Hence, too, might be drawn a weighty lesson from the little-regarded truth, that the act of the passing generation is the germ which may and must produce good or evil fruit, in a far-distant time; that, together with the seed of the merely temporary crop, which mortals term expediency, they inevitably sow the acorns of a more enduring growth, which may darkly overshadow their posterity.
The House of the Seven Gables, antique as it now looks, was not the first habitation erected by civilized man on precisely the same spot of ground. Pyncheon-street formerly bore the humbler appellation of Maule's Lane, from the name of the original occupant of the soil, before whose cottage-door it was a cow-path.
1. Hawthorne considered this novel to be a romance, which in literary terms refers to a narrative, allegorical treatment of heroic, fantastic, or supernatural events. Do you think this term accurately describes the book? Why or why not?
2. What do you make of the relationship between interior consciousness and external appearance in the novel? How does this conflict, as experienced by each of the central characters, inform the novel? And how does the house serve as a metaphor for this struggle?
3. Discuss the theme of class and social structure in the novel. What do you think Hawthorne intends in his depiction of Hepzibah's and Clifford's slow decline, and the curse on the Pyncheons' house? Are these related in any way? What about the role of the Maules?
4. Is the house a kingdom or a prison? Neither, or both? What is the curse that afflicts the Pyncheons? Discuss.
5. Discuss the role played by Holgrave in the novel. How does his nomadic, rootless existence stand in contrast to the Pyncheons? How does his marriage to Phoebe complicate this?
6. Discuss the scene in which Clifford attempts to join the procession. How does this illuminate the fundamental struggle of the Pyncheon family?
The House of the Seven Gables 3.3 out of 5 based on 0 ratings. 56 reviews.
I thought this book was great and did give off certain eerie vibes. It's true that there were many passages that were long, but if truly taken in they were filled with such depth that would truly make us question our own morals and way of thinking. I would recommend this book to not just any extreme literature buff, but to anyone looking to engross themselves in history and who dare to look into their own hearts and break the binds of society.
Hawthorne combines 3 centuries of American history and 2 families misfortune in one of the greatest novels ever written by one of the greatest American writers ever known. If you like history, mystery, irony and think for yourself you will love this book.
I fell in love with Hawthorne after reading The Scarlet Letter in high school, so I decided to check out this book. I must say, I love it. You definitely do need an understanding of the time period to tolerate the writing as has been said by other reviewers. I don't mind his long-winded descriptions at all, and I think a lot of people that complain about it just don't know how to read anything that isn't modern. Anyways, great story, and it made me that much more excited when I actually got to travel and see the real house. Must read!
Before you read the House of 7 Gables, fly to Salem and go to the actual house! Seeing the house and walking down the dark corridors while smelling the musty, old odor of the home makes reading the book 150 times easier and better. The book follows a family and a house for about 300 years. The majority of the book is focused on the last (?) generation, but it begins with the acquiring of the land and the building of the house. The Wealthy Colonel Pyncheon covets the carpenter Mathew Maule¿s land. A few years later during the witch hysteria in Salem Matthew Maule is brought before a judge on witchcraft charges. Maule is sentenced to death by hanging. Before he was hung, Maule curses the Pyncheon family. The Colonel is undaunted and continues to buy the land and build an extravagant house on Maule¿s property. When the house is finished and the Colonel throws a huge house warming party. Just before the party started the Colonel was found dead and a deed to a large amount of property is missing. Generations search in vain for that piece of parchment. Hawthorne then fast forwards to the current Generation. You meet Hephzibah Pyncheon; an old maid who is one of the last Pyncheon¿s and lives in the old mansion. The great fortune is gone and the poor woman is forced to open a store to survive. She is not very good at tending shop and is delighted when her young cousin, phoebe comes into town from the country and helps her with the shop. Later Hephzibah¿s brother Clifford returns from Prison, where he has spent the better part of his life. Phoebe helps bring some sunlight into their dreary lives but their other cousin, Judge Pyncheon drains what the house doesn¿t with his visits. I can¿t say anymore because I¿ll tell you too much and you won¿t need to read the book. Oh one more word of advice make sure you get a good copy with a glossary because many of Hawthorne¿s words were outdated and confusing in his time.
This copy is practically illegible, the editing is so bad.
To begin with, while I have not read any of Hawthorne's other works, I do enjoy reading the "classics," which is one of the reasons I decided to read this book. It was approaching Halloween and I was in the mood for a classic horror/ghost story in the old Gothic style of literature. However, after struggling through the book page-by-page and inch-by-inch, I cannot recommend this novel to anyone but the most extreme literature buffs. Where it wasn't boring, it was long winded. Where it wasn't long winded it was repetitive. It wasn't scary at all, and I understand that it has been a while since the book was written, but it just didn't give off any scary vibes at all. The atmosphere was instead just dreary and depressing. And worst of all, by the end, I honestly did not care what happened to any of the characters. I did not feel engaged or empathetic to their plight in the least, and this is perhaps Hawthorne's greatest failure. He failed to get his reader to want to finish his story.
This was the worst book that I've ever attempted to read. It is so boring that reading a text book is more intresting. Hawthorne is way to wordy, I just couldn't get into this book.
It did last a bit long, and the old English was somewhat hard to follow, but overall was good. It's not, however, Hawthorne's finest. The Scarlet Letter is one of the most amazing books I've ever read, and perhaps that's why I was slightly disappointed with this.
This piece of is a gothic romance cloaked in the history of Salem Massachusetts written by prolific Nathaniel Hawthorne whose writings, by chance, are considered by many in literary circles to be required reading because they are considered to be 'classics'. The trouble here is defining 'classic'. I chanced to do this once, just prior to graduating with a BA in literature from a private college of a professor from the literary department and received the much expected and equally disappointing answer 'you just know'. By correlation 'you just know' when a book is a bad read and such is the case here. Slow, methodical and plodding, little of interest takes place within or without the walls of the famed 'House of Seven Gables' that captures a readers interest. This is one books whose pages, much like the doors and windows of the house central to this novel, should remain shut and barred to the outside world.
I read this book for an english book report and it put me to sleep everytime i started to read it! The author seems to have never ending chapters about absolutely nothing. I don't recommend this novel to anyone who doesn't want to bore themselves to death. Speaking of death that is the only interesting part of the book!
I have never in my life found another book with such a slow start that ended in such a delightful read! I gave it a three-star rating but the beginning of the book deserves a two while the second half pushes the upper limits of a four. I originally chose this title to fill a dual purpose: First, we needed an American pre-civil war author, preferably one who wrote a mystery representative of the popular literature of that era. Secondly, I was looking for something that would stretch a student's vocabulary. This book delivered on both objectives, and the touch of romance didn't hurt either.
Hawthorne, I will admitt, gets a bit caught up in details, but if you can wade through them, it really gives the story a tangible setting, which the reader can feel part of. I was more able to appreciate it when finished because I could look back on it as a whole. If you enjoy the strange subtleties of the Gothic Romance novel, than you should enjoy The House of Seven Gables!
I was mistaken in thinking that I was in for a literary treat with this novel. A choppy, misguided story with a ho-hum ending doesn't make for an entertaining read. Don't bother.
I liked this book. It seemed mysterious and vague at first, and I realized that it was vague throughout the entire book. Although Hawthorn described scenes in a very intricate way, the story stayed in one scene for almost four pages. Of course, since people back then didn't have television, Hawthorn had to discribe with as much detail as possible the scenery, so that viewers could imagine. The thing he is really creative at is putting you into the scenery. Like a bistandard just whatching the comings and goings of everyday lives. The mystery involved was deep and rather hard to ever figure out. It is never completely revealed, even in the end, but, it does keep you on the edge of your seat. I recommend this to readers of Classic titles.
Phoebe Pyncheon arrives at her cousin's old house to help her cousion Hepzibah. But thre is mystery in the house.In the story, landscape is calm and nice.The mysterious mood is also good.
After 20 years of dragging the book around I finally got past page 7. As a Boston native and spending a great deal of time in Salem near "The House of Seven Gables," I felt as a teacher I should read the book. It was quite difficult to get into...very slow in the beginning, but about half-way through the story picks up and the Pyncheon family become interesting. The characters are eccenctric and twisted, and the story well is interestingly weird.
I've had a copy of the House of Seven Gables sitting on my bookshelf for a number of years. The poor little book is slightly out of place between a plethora of fantasy and science fiction novels. Every once in a while I try to venture into a different realm of subject. That's the reason I finally picked up this book to read. I would have read it sooner but I was forced to read "The Scarlet Letter" in high school and never had the heart to read another Nathaniel Hawthorne novel.Not expecting much, I have to say I was very impressed with this book. The details got to be a bit much at times. I have to admit there were parts of the book that I scanned quit quickly because I just didn't need to know that much description about a certain thing.That being said, Hawthorne was very good at clearly painting a picture in my head. I could smell the mustiness of the house, feel the joy when Phoebe entered a room, and feel Clifford's sadness and confusion. What took me by surprise was the sharp wit throughout the book and intellectualness of this wit. Quit often I found myself laughing out loud at some of the dry humor in this book. Also of course there was the mystery of the book which kept you hanging on until the end.I don't know that I will read any additional Hawthorne novels but I would recommend this as a good example of his work. It is much more interesting and engaging than the Scarlet Letter.
"This contrast, or intermingling of tragedy with mirth, happens daily, hourly, momently. This gloomy and desolate old house, deserted of life, and with awful Death sitting sternly in its solitude, was the emblem of many a human heart, which, nevertheless, is compelled to hear the thrill and echo of the world's gaiety around it." The incredible detail of The House of Seven Gables left me feeling extreme pity one moment and laughing out loud to myself the next. This was just about everything I could ask for in a novel - a curse that spans generations, a haunted house and a wealth of description. A great read.
I was intrigued by the back cover and the promise of a ghost story and came away fustrated and disappointed. a great, creepy set-up in the early passages but the endless pages of minute descriptions were repetitious and interrupted the flow of the story. the supernatural elements appeared to be after thoughts crammed into the story rather than driving it.
Though Gothic in style, the comparative lightness of this book's themes (as opposed to The Scarlet Letter) allows the full wryness of Hawthorne to blossom. God, especially in the descriptions of Hepzibah. Don't get me wrong, there is full creepiness at some points, but it's light hearted in a way, as terrible things happen to the Pyncheons because they're Pyncheons, though they feel that that particular attribute¿being Pyncheons¿should be protecting them from such degradation and horror.
Hawthorne is the equivalent of nudging someone and winking without actually thinking of anything interesting, risque, beautiful, or even useful. It is sad that a man with such a voluminous writing ability was seemingly devoid of any notion of what to do with it.
The usual Hawthorne makes for some long sentences, but not necessarily unwieldy; it just takes a little more concentration than some. I enjoyed very much this story of an old house and the family that lives in (and through) it. It reminded me a little of Poe's Fall of the House of Usher. An enjoyable read, but just note that it's from an earlier era when we had longer attention spans.
The House of the Seven Gables, one for each deadly sin; The scene for the allegory of the corrupted soul of man is set. But who is/are the corrupted soul-s? The present inhabitants of the house, Hepzibah and Clifford, a sister and brother with so refined tastes combined with lack of means that they come through as half-witted? Beside them there is but a very respectable and very rich cousin, Jugde Pynchon. Then along comes Holgrave, a daguerrotypist who is taken in as a lodger in the house, and little Phoebe, a young poor but levelheaded cousin, from a distant branch of the family, wandering from the countryside.The evil will be revealed, through the very architecture of the house and garden, through their small daily tasks and even through the daguerrotypes; The evil trancends superficial traits, and will eventually reveal who it works upon and how.A satire, a cultural critic and a romance at the same time. All done in a style demonstrating the theory of Trancendentalism. At first difficult to read; But once you decide to stay focused, you are treated to precise characterizations that only can be made using figuratively and poetic language, language that conjures up pictures revealing truths that in themselves are far from poetic.


There is currently just the 1 ferry route running between Lanzarote and La Palma operated by 1 ferry company – Trasmediterranea. The Arrecife to Santa Cruz de La Palma ferry crossing operates weekly with a scheduled sailing duration from about 32 hours 1 minute.
Whilst we've taken great care to ensure the information on this page is correct, as the frequency and duration of crossings on all routes can vary from time to time we'd advise that you get a live quote for current availability on this Lanzarote La Palma crossing between Arrecife and Santa Cruz de La Palma.
Lanzarote is the fourth largest and the most easterly of the Canary Islands, located in the Atlantic Ocean off the coast of Africa.
Born out of volcanic activity more than twenty million years ago, Lanzarote features spectacular countryside and out of this world scenery. With constant warm, spring weather, it truly is a great holiday destination to be enjoyed all year round.
To the south east of the island you'll find Arrecife, its capital and main departure port. From here you can connect with other canary islands including Tenerife, Gran Canaria and La Palma.
Ferry crossings between Lanzarote and mainland Spain are long but operated by modern ferries which provide a pleasant journey.
Playa Blanca on the south western side is the port of departure for crossings from Lanzarote to neighbouring Fuerteventura.


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You are at:Home»Records»This Week in Records
Image via albumoftheyear.org
This Week in Records
By Alice Hearing and Amy Wootten	on	 April 4, 2016 Records
This week sees the return of The Lumineers with their second album, Cleopatra, as well as the latest album from Frightened Rabbit. The singles side of things is headed by Stereophonics and Leon Bridges.
The Lumineers are back this week with second album Cleopatra. The band have recently announced a world tour in anticipation of the album's release, beginning in the UK next week. Latest single 'Ophelia' is already out to please your ear drums whilst you wait. Out Via Dualtone.
As a tribute to old fashioned TV shows, M83 will be releasing Junk this Friday. This will be their 7th studio album and their first in four years since Hurry Up, We're Dreaming gained huge popularity. They'll be bringing their electronic sound to Latitude this summer. Out Via Naive.
Scottish Indie Rock band, Frightened Rabbit, will be releasing their 5th album, Painting of of Panic Attack this week, announced with a trailer on their social media showcasing album track 'Lump Street'. The band worked with Aaron Dessner of The National to create this record. Out Via Atlantic.
'River' is the latest track to be taken from Leon Bridges' critically acclaimed debut album, Coming Home. It opens with a gentle guitar melody, which is played out among tambourine shimmers and Bridges' slick, soulful vocals. Out via Columbia.
From last year's Keep The Village Alive, the ninth studio album from Stereophonics, is 'White Lies'. The album follows the Welsh four-piece's 2013 album Graffiti On The Train. 'White Lies' gives us what we expect from the band, but with small synth inflections thrown in to change the setting a little. Out via The Stereophonic Ltd.
'Euphoria' is the latest project from University of Southampton student Ricky Derson. It emerges from distant footsteps into gentle synth caresses, as the vocals enter with "just like a bird I've been set free" are layered over the soft falls of waves. It brings us laid-back, soulful R'n'B, gentle and euphoric throughout. Available via Soundcloud.
Alice Hearing
Wessex Scene Editor 2016-17, History Student, avid writer and music geek.
Amy Wootten
Third year English student, Records Editor, list maker and lover of Kinder Buenos.


When it comes to perfect posture, the popular advice is to "stand up straight." But is that really an accurate way to describe good posture? In reality, posture is all about balance, alignment and curves.
Good standing posture is achieved when the chin is parallel to the floor, shoulders are even, the spine is neutral (no flexing or arching), hips and knees are even and body weight is distributed evenly on both feet. When sitting, the chin should be parallel to the floor, hips and knees at even heights and knees and feet pointing straight ahead.
Why is it important to focus on good posture? Good posture helps the body retain muscle flexibility and balance, both of which are key for prolonged mobility. Poor posture can, over time, make it difficult or painful to walk, get out of a chair, climb or descend stairs, carry things or twist and turn your body. What's more, there are numerous benefits to maintaining good posture, like easier breathing, healthier joints and better focus.
You can easily improve your posture while standing or walking by making a few quick adjustments and taking periodic checks in front of a mirror. However, if you're like many Americans, you likely spend the majority of your day sitting, whether at a desk, in front of the television or in a classroom.
It is possible to maintain proper posture while sitting. Simply remember to keep your ears, shoulders and hips in a straight vertical line. You can even use an ergonomic prop, like a lumbar pillow or a footrest, to keep your body aligned and properly curved.
Another option is to find an alternative to sitting in a chair at work, like a standing desk or a yoga ball. There are standing desks available for every budget, but no matter which one you choose, make sure it allows you to look straight ahead at your screen and keeps your keyboard at elbow height. Standing desks put less pressure on your back and make it easier to maintain good posture throughout the day. It also has other health benefits, including reduced risk of obesity, diabetes, cardiovascular disease and more.
You can also swap out your office chair for a yoga ball, which helps keep your pelvis positioned properly and allows you to bounce, which is good for your spinal discs.
If a standing desk or yoga ball aren't an option in your workspace, check out these ways to stay active in the office. If you need more information on how you can maintain good posture, talk with a specialist at Goshen Health Orthopedics and Sports Medicine.


The presence of its warm sense will make everybody stay comfort around the room with this type of furniture. All the wood quality is also pretty good so it makes a powerful impression for any corner of the room. You can maximize the final impression by giving some other supportive elements of your room interior.
Tags: bush furniture, bush furniture reviews, bush office furniture replacement parts, bush industries office furniture.


With the snow around Bozeman last week we decided to escape it. We went up to the ranch Friday night for an evening of fire and cocktails. Then left early for a couple days in Billings.
We rode Zimmerman trail Saturday and it was so fun that we did it again the next day instead of Weatherman Draw. This trail is just too much fun. It has it all.....slickrock, flowy singletrack, and a fun view. It even has some long wooden ladders (skinnies) to play on. The whole trail is along the rims over looking town. Billings might have to start replacing Lewis & Clark Caverns and Helena for new spring and fall riding.


Remodeling will encompass one among three phases. Our customer consultant will kindly reply all of the questions and concerns you could have on your next dwelling remodeling challenge. Lars Remodeling & Design is proud to have acquired national recognition as probably the greatest remodeling corporations in the US and looks ahead to even more years of providing the San Diego neighborhood with exceptional residence renovation companies.
The Owner Assisted Remodeling group of people, coupled with our financial depth and expertise, collectively provide the dear reassurances to these extraordinarily vital questions. Licensed Contractor, Josh Scheff , and his elite workforce of designers, master carpenters, painters, electricians, plumbers, customized cupboard builders, and flooring specialists have been remodeling homes in and around the Twin Cities since 2006.
Lars is an award-profitable dwelling remodeling company that focuses on house renovation projects of all sizes. We have now been remodeling properties for over 24 years. Our process ensures a timely challenge the place you'll be guided by way of the phases with confidence. Whether you want inside painting or a brand new kitchen or toilet design and set up, Maryland's Greatest Remodeling has the data, ability and expertise to transform your current area into the house of your goals.
That is our 4th job with Foster Remodeling Options so that speaks volumes proper there. We give a warranty on all work and labor and supply a design studio to plan your projects. Alicia has taken Remodeling by Traditional Homes to the subsequent stage. Converting current flooring house – Changing current ground area into a household room costs about $7,500 to $25,000 or extra, relying on features and materials.
Had my outdated rental remodeled with them, Toilet, Kitchen & Patio. HDR Remodeling is an award winning residential Design + Build remodeling service. As a way to greatest tailor the remodeling experience, we first begin our course of with a lot of energetic listening. A friendly customer consultant will contact you to reply all your questions or considerations about your next residence remodeling undertaking.


The work Cloudburst represents a distinct intellectual or artistic creation found in Randwick City Library. This resource is a combination of several types including: Work, Language Material, Books.
Since being taken in by wealthy Mrs. Jordan March and living in her exquisite home like a daughter, Sasha Porter's traumatic past, destitute on the streets, and the shattering accident that killed her mother, seems like a fading nightmare. Beautiful and sophisticated, as bold and daring as her 'sister', Kiera March, Sasha still keeps her mother's wise words close to her heart: never fully trust anyone. Inside her privileged new world, it's advice that will prove more precious than gold. Against the wishes of Jordan's husband, Donald, Sasha attracts the attention of Duane Banks, a shy, handsome athlete, and manoeuvres her way into his heart. But Duane's hidden torment soon explodes in a horrific tragedy that pulls Sasha into a flood of guilt and despair. And when someone she thought she could trust targets her vulnerability, Sasha recalls her mother's warnings, and a violent storm of dark deceptions and shocking family secrets is unleashed. Will she sink or swim?


The Conversion Group (TCG) has today announced its expansion into the arts domain through a joint venture with London based curator Tina Ziegler to found The Art Conference (TAC). Bringing together leaders in technology, art and culture, TAC will act as a meeting point for the creative community encouraging dialogue, critical reflection and inspiring immediate action through its London based conferences.
The launch of The Art Conference will take place on 23rd – 24th July 2016 at the Ugly Duck, 47/49 Tanner Street near London Bridge, starting as a two-day conference event presenting 15+ international keynote speakers, film screenings, panel discussions, exhibitions and digital art installations.


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TKMS Launches Two Type 218SG Submarines for Singapore
Posted on 15th December 2022 by sonistics
Two state-of-the-art submarines for the Republic of Singapore were launched in a festive ceremony at the thyssenkrupp Marine Systems (TKMS) shipyard in Kiel on December 13, 2022.
"Impeccable" and "Illustrious" are the second and third boats in a series of four Type 218SG submarines for the Republic of Singapore Navy.
Among the 350 guests invited to the event were German Chancellor Olaf Scholz, Singapore's Prime Minister Lee Hsien Loong, Minister for Defence Dr. Ng Eng Hen and other high-ranking representatives of Germany and Singapore. Lady Sponsor of both vessels was Ms. Ho Ching, wife of the Prime Minister. At the push of a button, she launched both boats simultaneously, giving them the sonorous names "Impeccable" and "Illustrious".
"We can be proud that German companies like thyssenkrupp Marine Systems are leaders in the construction of submarines," Chancellor Scholz explained in his speech. "Each of these submarines … is a one-off with a lot of manual work and maximum precision. That is a clear signal. … And I am therefore also extremely pleased that thyssenkrupp Marine Systems will expand its production in Germany and will also start production at the Wismar site from 2024."
Prime Minister Lee stated: "Our collaboration on this strategie capability underscores the depth of partnership and the trust between our navies and our defence industries. I am confident that the relationship between Germany and Singapore will grow from strength to strength, and I look forward to more meaningful interactions between our militaries."
TKMS picture
"The partnership with Singapore is of strategic importance for Germany and thyssenkrupp," said CEO Oliver Burkhard. "The boats launched today belong to a new, state-of-the-art generation of submarines that is truly unrivalled in the world. The technologies being applied are world-leading. This is also only possible thanks to the long-standing, trusting and successful cooperation with the Republic of Singapore."
The "Impeccable" and the "Illustrious" are the second and third boats in a series of four Type 218SG submarines ordered by the Republic of Singapore Navy. They are among the most modern diesel-electric submarines in the world and feature numerous customized solutions and new technologies. They are designed with a low acoustic signature. The external air-independent propulsion system allows the boats to remain under water for a longer duration. With a length of approximately 70 meters and a displacement of around 2,000 tons, they are currently the largest submarines ever built at Marine Systems. Once further intensive trials have been conducted, the "Impeccable" and the "Illustrious" will be handed over from 2023 onwards.
Following the double naming ceremony, thyssenkrupp Marine Systems and Singapore-based ST Engineering signed a teaming agreement. It formalizes and strengthens the long-term cooperation between the two companies. The agreement covers both warranty services as well as in-service support for the four Invincible-class submarines, ensuring that they are well maintained in Singapore during their operational lifetimes.


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You are here: Home / Windsor v. Windsor
Windsor v. Windsor
April 14, 1998 – October 22, 1998
Present: WARNER, C.J., GILLERMAN, & LAURENCE, JJ.
The record of a divorce proceeding did not support a Probate Court judge's assertion of personal jurisdiction over the out-of-State husband or his property for purposes of support orders or a division of property, either under G. L. c. 223A, s. 3(g), as amended by St. 1993, c. 460, s. 86 [651-652, 653-655], or under G. L. c. 209D, s. 2-201(5) [655-656].
COMPLAINT for divorce filed in the Barnstable Division of the Probate and Family Court Department on June 9, 1995.
A motion to dismiss was heard by Robert E. Terry, J., and the case was heard by him.
Robert C. Lawless for the defendant.
Jeremy M. Carter for the plaintiff.
LAURENCE, J. In April, 1959, Beverly Ann Windsor (wife) married James Harry Windsor (husband) in Massachusetts. [Note 1] The couple left Massachusetts in 1966. In June, 1977, while living in Florida and pregnant, the wife left the husband and moved back to Massachusetts, where a daughter was born in September, 1977. In June, 1995, the wife filed a complaint for divorce in Barnstable Probate and Family Court, alleging cruel and abusive treatment by the husband. In her complaint, she requested that the court "order a suitable amount for [her] support" and that of the parties' then seventeen year old daughter who lived with her.
The husband, who had resided since 1975 in Florida, where
he was served, filed a "motion to dismiss [the complaint] pursuant to 12(b)(2) for lack of personal jurisdiction," arguing insufficient contacts with Massachusetts. After a non-evidentiary hearing in October, 1995, attended by the wife but not the husband, the court denied the motion. (The court entered findings of fact and conclusions of law on its denial on February 7, 1996.) The husband took no further part in the proceedings, except to assert once again the court's lack of in personam jurisdiction in opposition to a contempt complaint brought by the wife following the husband's failure to comply with temporary support orders. On October 23, 1996, the court granted the wife a divorce and ordered the husband to pay weekly child support, to maintain medical insurance for the wife and their daughter, and to pay one-half of the daughter's educational expenses. In addition, the court awarded the wife a one-half interest in the husband's military pension plan. [Note 2]
In his appeal, the husband principally contends that the court erred by denying his motion to dismiss and ruling that it could exercise personal jurisdiction over him. [Note 3] We agree with his contentions, because the wife failed to provide the court (as was her burden) with facts sufficient to establish the in personam
jurisdiction that was a prerequisite to the court's right to issue binding orders for support and property division against him. [Note 4]
1. Jurisdictional fundamentals. To mandate a support obligation or property division as part of a divorce decree, the court must have in personam jurisdiction over the obligor spouse. See Vanderbilt v. Vanderbilt, 354 U.S. 416, 418 (1957); Kulko v. Superior Ct. of Cal., 436 U.S. 84, 91 (1978); Blitzer v. Blitzer, 361 Mass. 780 , 782-783 (1972); Morrill v. Tong, 390 Mass. 120 , 129 (1983). "Generally, a claim of personal jurisdiction over a nonresident defendant presents a two-fold inquiry: (1) is the assertion of jurisdiction authorized by statute, and (2) if authorized, is the exercise of jurisdiction under State law consistent with basic due process requirements mandated by the United States Constitution? Jurisdiction is permissible only when both questions draw affirmative responses." Good Hope Indus., Inc. v. Ryder Scott Co., 378 Mass. 1 , 5-6 (1979). A paramount due process requirement is that there exist "minimum contacts" between the nonresident defendant and the forum state. International Shoe Co. v. Washington, 326 U.S. 310, 316-317 (1945). Such contacts must not be merely casual or accidental, but must rather reflect acts performed by the defendant "by which [he] purposefully avails [himself] of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws." Hanson v. Denckla, 357 U.S. 235, 253 (1958).
Whether the exercise of personal jurisdiction over a defendant is permissible under this analysis is dependent upon the particular facts of each case. Good Hope Indus., Inc., supra at 2. When, as here, the assertion of in personam jurisdiction has been challenged under rule 12(b)(2), "the plaintiff[] bear[s] the
burden of establishing sufficient facts on which to predicate [that] jurisdiction." Good Hope Indus., Inc., supra at 3. "In resolving the issue [of whether the plaintiff has satisfied her burden], we accept as true only the uncontroverted facts as they appear in the materials which were before the . . . judge." Heins v. Wilhelm Loh Wetzlar Optical Mach. GmbH & Co. KG, 26 Mass. App. Ct. 14 , 16 (1988).
2. The facts as to jurisdiction. The wife's unverified complaint alleged that the parties were married at Otis Air Force Base (located on Cape Cod) in April, 1959. They had four children, three of whom were emancipated at the time of the complaint. The couple last lived together in Florida in June, 1977. "On or about June, 1977, the parties suffered an irretrievable breakdown of the marriage. The [husband] was also guilty of cruel and abusive treatment on this date and other divers dates and occasions." The youngest child was born in September, 1977. The wife filed no affidavit elaborating upon any of these facts.
The husband supported his motion to dismiss with his affidavit. It stated that the couple had last lived in Massachusetts in 1966. Thereafter, he was transferred to various military bases, eventually moving to Florida with his wife in 1975. He has resided in Florida since 1975. The wife "left [him] in Florida" in June, 1977. The parties' youngest child was conceived in Florida and born in Massachusetts in September, 1977. He has never owned any real estate in Massachusetts and has transacted no business in Massachusetts since 1966. He has visited Massachusetts only once since 1977, to see his daughter graduate from Falmouth High School (apparently in June, 1995). The wife filed no affidavit controverting any of these averments.
The court's hearing on the motion to dismiss occupies only six pages of transcript. It essentially consisted of arguments of counsel and questions by the court. No witnesses were sworn nor any testimony taken. The only evidentiary matter presented was the husband's affidavit in support of his motion to dismiss. The wife was present at the hearing but did not testify under oath. [Note 5]
3. The motion to dismiss. The court's determination of the
husband's motion to dismiss – asserting its exercise of jurisdiction over him on two grounds – was not supported by the exceedingly meager record.
a. The court first concluded that in personam jurisdiction lay under s. 3(g) of our long-arm statute, G. L. c. 223A, "since the Defendant 'maintain [ed] a domicile in the Commonwealth while party to a marital relationship out of which arises the claim for divorce,' namely cruel and abusive treatment." [Note 6] No appellate decision appears to have discussed the present version of s. 3(g) relied on by the court. Its plain language would confer jurisdiction over the nonresident husband here only if the wife could demonstrate, at the time of the motion to dismiss, that the cause of action for the 1995 divorce arose while the parties maintained a marital domicile in Massachusetts, namely from 1959 to 1966. She failed, however, to allege, much less to establish, any facts bringing the husband within s. 3(g).
The unverified complaint identifies no conduct by the husband giving rise to the divorce between 1959 and 1966, and describes no cruel or abusive treatment by him during that period of time. The wife failed to submit an affidavit specifying the dates or occasions when any act constituting the claimed cruel and abusive
treatment occurred, and no evidence on the issue was introduced at the hearing on the motion to dismiss. Consequently, no facts exist on this record justifying the court's assertion that the cruel and abusive treatment complained of by the wife occurred while the parties maintained a marital domicile in Massachusetts. The record did not, therefore, permit the court's exercise of jurisdiction over the husband under G. L. c. 223A, s. 3(g). [Note 7]
b. The court saw a second and independent basis for jurisdiction over the husband in G. L. c. 209D, s. 2-201(5), "since 'the child resides in the Commonwealth as a result of acts of the [husband],' namely continued cruel and abusive treatment of the Mother which caused her and the children to flee to Massachusetts." [Note 8] We agree with the husband that, once again, no facts were presented by the wife, nor developed in the record, on which the court could base a finding bringing the case within s. 2-201(5).
No affidavit, testimony, or authenticated or verified document even intimates, let alone establishes, that the wife and her children were caused "to flee" from Florida to Massachusetts as a result of any cruel and abusive acts of the husband or any "directive" he made. Contrast Franklin v. Virginia, 27 Va. App. 136 (1998) (the only other State decision construing the "acts and directives" jurisdictional provision of the Uniform Interstate Family Support Act [UIFSA], on which G. L. c. 209D, s. 2-201[5], was modeled, holding that jurisdiction was properly exercised on proof that after physically assaulting the wife, the husband had ordered her and their children out of their home in Africa, causing the wife to have to return to their prior home in Virginia; the Virginia court contrasted the situation in Franklin with several cases decided under a pre-UIFSA Texas statute
similar to s. 2-201[5], in which the fact that nonresident husbands had acquiesced or had registered no objection when the mother moved out of State with the child was held insufficient to confer personal jurisdiction on the Texas courts).
Nor does anything in the record show that whatever causative conduct the court thought attributable to the husband was the sort of affirmative, purposeful action which is necessary to satisfy the demands of due process. Compare Kulko v. Superior Ct. of Cal., 436 U.S. at 93-94 (New York father's acquiescence in daughter's living with mother in California was not purposeful enough to confer personal jurisdiction on California courts to issue child support orders against him under the due process clause). See comment to UIFSA s. 201, 9 U.L.A. 345 (Supp. 1998) (noting that in circumstances almost identical to those of the instant case – parents and child live in State A for many years, then move to State B for many years, then one parent unilaterally decides to return with child to State A – many, and perhaps all, State courts will conclude that assertion of personal jurisdiction over the absent parent would offend due process).
4. Conclusion. The wife having failed to discharge her burden of establishing sufficient facts upon which to base personal jurisdiction over the husband, those provisions of the "corrected judgment of divorce nisi" dated October 23, 1996, ordering various dispositions of the husband's assets, namely paragraphs numbered 1, 3, 4, 8, 11, and 13, are vacated. The remainder of that judgment is affirmed. [Note 9]
[Note 1] The facts are taken from the undisputed portions of the record, including the Probate Court's findings of fact not challenged by the appellant husband.
[Note 2] The final judgment of divorce ultimately entered in the action, which was a precondition to the husband's entitlement to our hearing his appeal, see Mancuso v. Mancuso, 10 Mass. App. Ct. 395 , 398-402 (1980), was not included in the record appendix, contrary to Mass.R.A.P. 18(a), as amended, 378 Mass. 940 (1979). It was, however, attached to the entry statement in our clerk's office folder, and we have accordingly considered it.
[Note 3] The husband conceded, both below and here (in oral argument), that the Probate Court had jurisdiction to order dissolution of the parties' Massachusetts marriage on the complaint of the Massachusetts domiciliary wife. See G. L. c. 208, s. 4 & 5; Williams v. North Carolina, 317 U.S. 287 (1942). Consequently, his motion to dismiss the wife's entire complaint under Mass. R.Dom.Rel.P. 12(b)(2) (1975), was technically inappropriate, since he has consistently challenged not the court's in rem jurisdiction to grant the divorce but only its assertion of personal jurisdiction over him and his property. See 2 Kindregan & Inker, Family Law and Practice s. 26.15, at 52 n.6 (2d ed. 1996) (suggesting the propriety of raising the defense of lack of in personam jurisdiction in the responsive pleading rather than by motion). Presumably, the husband feared expressly acceding to jurisdiction to determine the divorce because it might be deemed an admission that the cause of action occurred within Massachusetts (see G. L. c. 208, s. 4 & 5), whereas he asserts, in challenging long-arm jurisdiction under G. L. c. 223A, s. 3(g), that any cause or claim for child support and property settlement arose when the parties resided in Florida, not Massachusetts. See section 3.a., infra.
[Note 4] The wife asks us to reject the husband's appeal on the ground that he waived his right to challenge personal jurisdiction by filing his motion to dismiss sixty-four days after service of the complaint upon him without seeking an enlargement of time. See Mass.R.Dom.Rel.P. 12(a)(1), (g), & (h)(1) (1975). Suffice it to say that this argument was not made to or mentioned by the court below, which heard and decided the personal jurisdiction issue on its factual merits, so we will not address it. See Anthony's Pier Four, Inc. v. HBC Assocs., 411 Mass. 451 , 471 & n.25 (1991). The argument is also premised on an overly strict interpretation of rule 12 not required by its language. See 5A Wright & Miller, Federal Practice and Procedure s. 1391, at 754-755 (2d ed. 1990). Cf. Williams v. Life Sav. & Loan, 802 F.2d 1200, 1202 (10th Cir. 1986); Reynolds v. International Amateur Athletic Fedn., 23 F.3d 1110, 1120 (6th Cir. 1994), cert. denied, 513 U.S. 962 (1994) (defense of lack of personal jurisdiction is not waived by default).
[Note 5] The wife interjected two brief, unsolicited comments at the hearing to buttress representations by her counsel as to the child's educational status (attending college) and the defendant's supposed voluntary monthly payments of child support (from Florida) for eighteen years. The "fact" of the voluntary support payments was never established (so far as this record reveals) by affidavit, testimony, or documentation as of the date the court denied the motion to dismiss. The wife's opposition to the husband's motion contended that the husband "has had substantial contacts with the Commonwealth," but identified only three: he "recently appeared in Massachusetts to attend his daughter's high school graduation"; he "recently submitted checks to the Plaintiff covering a partial college tuition payment"; and he had supposedly made a general appearance by virtue of his counsel's filing the motion attacking jurisdiction. No mention was made of the purported eighteen years of monthly voluntary support payments. in his brief on appeal, however, the husband appears to concede the fact of having "sent voluntary payments to the plaintiff," at least for the purpose of determining whether personal jurisdiction existed under G. L. c. 223A, s. 3(a), on the basis of his "transacting . . . business" in Massachusetts. See note 9, infra.
[Note 6] Section 3(g) empowers the court to exercise personal jurisdiction over any person "who acts directly or by an agent, as to a cause of action in law or equity arising from the person's . . . maintaining a domicile in this commonwealth while a party to a personal or marital relationship out of which arises a claim for divorce, alimony, property settlement, parentage of a child, child support or child custody; or the commission of any act giving rise to such a claim. . . ." This provision was inserted by St. 1993, c. 460, s. 86, which completely rewrote the original s. 3(g), that, inter alia, had contained a requirement of recent marital residence, i.e., that the parties' marital domicile had been in Massachusetts for at least one year within the two years immediately preceding commencement of the action.
[Note 7] Our analysis makes it unnecessary to decide whether, as the husband argues, it would offend "every notion of due process" and fair play to base personal jurisdiction on one or more vague and unspecific incidents that might have occurred over twenty-nine years earlier in Massachusetts, especially when the parties continued to live together for eleven more years. His argument, in any event, is devoid of citation to any supportive authority, contrary to Mass.R.A.P. 16(a)(4), as amended, 367 Mass. 921 (1975).
[Note 8] Section 2-201(5) of G. L. c. 209D (the Massachusetts codification of the Uniform Interstate Family Support Act), as pertinent to the instant case, authorized jurisdiction to establish, enforce, or modify a child support order against a nonresident if "the child resides in the commonwealth as a result of the acts or directives of the [nonresident]." G. L. c. 209D, s. 2-201(5), as inserted by St. 1995, c. 5, s. 87.
[Note 9] In view of our reasoning, there is no need to address the husband's other contentions, most of which are too conclusory and bereft of authority to rise to the level of adequate appellate argument under Mass.R.A.P. 16(a)(4). We do agree, however, with his argument that two other long-arm provisions, unmentioned by the Probate Court, do not afford alternative grounds for exercising in personam jurisdiction over him. Recognizing that we may affirm a correct decision even if the trial court's stated ground is unsound, West Broadway Task Force v. Boston Hous. Authy., 414 Mass. 394 , 398 (1993), the husband correctly asserts that neither G. L. c. 223A, s. 3(a) (conferring jurisdiction "arising from . . . [the defendant's] transacting any business in this commonwealth"), nor c. 223A, s. 3(h) (conferring jurisdiction to modify or enforce previous domestic relations orders entered in actions in which the court had personal jurisdiction over the defendant) applies to the present facts. Even were the husband's attendance at his daughter's graduation (but see Kulko v. Superior Ct. of Cal., 436 U.S. at 92-93), combined with his hypothesized support payments (but see Morrill v. Tong, 390 Mass. at 130-133), deemed sufficiently purposeful acts of transacting business to pass constitutional muster (which we doubt but do not decide), s. 3(a) would not apply because the wife's claim here did not arise from that transaction of business. See Tatro v. Manor Care, Inc., 416 Mass. 763 , 767, 770-772 (1994). Section 3(h) does not sanction in personam jurisdiction because there is no evidence in the record that the Probate Court ever entered any domestic relations order against the husband in any action instituted prior to the wife's 1995 complaint.


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AP poll release offers a prelude to playoff race
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In Week 2, No. 2 Ohio State hosts No. 7 Oklahoma (Sept. 9, ABC & WatchESPN, 7:30 p.m. ET). The committee has taught us not to eliminate a team early, but the losers of these games will undoubtedly face more pressure to finish the rest of the season undefeated -- unless this is the year a two-loss team gets in. While that's certainly possible, the Crimson Tide (SEC West) and Seminoles (ACC Atlantic) play in arguably the two toughest divisions in the country, and don't forget FSU also Authentic Dwayne Harris Youth Jersey plays No. 17 Florida. The Iron Bowl is at No. 12 Auburn this year. And despite going undefeated in conference play and winning the Big 12 last season, OU couldn't recover from early nonconference losses to Houston and Ohio State. Crossover opponents, or the lack thereof, will come into play: The Pac-12's two highest-ranked teams, and top CFP contenders, No. 4 USC and No. 8 Washington, won't play each other in the regular season. Neither Ohio State nor No. 6 Penn State play No. 9 Wisconsin, though No. 11 Michigan does. Alabama doesn't play Florida or No. 15 Georgia. Ideally, we'll see teams face off in the league title game with each hoping to play themselves into the top four. If a team stumbles, though, not having http://www.nygiantsofficialstore.com/dw … -c-44.html those quality crossover opponents could be a drag on its overall strength of schedule. If two teams from the same conference make the CFP, it's likely to be the ACC: No. 5 Clemson and No. 3 Florida State are both ranked in the top five and each have strong nonconference opponents from the SEC West. It's possible that the loser of their matchup wouldn't be disqualified from the CFP race, even if it would disqualify them from the ACC title race. Ohio State got in last year without winning its division. Somebody else can, too. Will the Big 12 be vindicated by its decision to have a conference championship game? 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Posted 19 Oct 16 By: Genieve S. Posen No comments yet
South Valley's first Starbucks joining high-profile development
Starbucks aggressively expanded in the Albuquerque market last year, with activity on at least five new stores in several neighborhoods throughout the city. But one area the Seattle-based company hadn't ventured yet was into the South Valley. The closest location was Downtown.
Now the developers behind Las Estancias, the $70 million retail development near Rio Bravo and Coors boulevards, have announced Starbucks will open a drive-thru there.
The 2,000-square-foot store will be built between Dion's and McDonald's, fronting Coors Boulevard.
Las Estancias broke ground in early 2013 and has been steadily adding tenants. It's being developed by Steve Maestas, CEO of Maestas Development Group, and Mike Mechenbier, a prominent New Mexico landowner and rancher, among other things.
"Starbucks has been one of the most requested brands at Las Estancias from the community," Maestas said.
Maestas said they had been talking to Starbucks' people for a couple of years, waiting until Starbucks felt it made sense for them to move forward with a new location. Las Estancias was represented by NAI Maestas & Ward's Clayton King and Keith Meyer. Starbucks was represented by Linda Davis with CBRE.
Maestas said the South Valley wasn't a hard sell for Starbucks, it just took some time.
"I think it's the continuing story of people learning about the opportunities in the South Valley and the broad and deep market that's available for businesses," Maestas said. "Once someone spends the time to educate themselves and understand what the market is, it's a compelling opportunity for businesses."
Construction on the new Starbucks location has started. The general contractor is Albuquerque-based Wilger Enterprises. Starbucks is scheduled to open in February.
Maestas said work to open more stores at Las Estancias is ongoing.
"The process always seems to take longer than you'd like. But we expect to have a fairly robust lineup of national brands in this next phase," Maestas said.
The next phase is about 150,000 square feet of large-scale tenants, including fashion retailers and some food brands, which will be announced next year. Maestas said construction on that 150,000 square feet will start in 2017.
By: Stephanie Guzman, Reporter-Albuquerque Business First
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