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January 13, 2009
CHRISTINA SCHWARTZ, PLAINTIFF-RESPONDENT,v.ERIC C. SCHWARTZ, DEFENDANT-APPELLANT.
On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Bergen County, Docket No. FM-02-2494-02.
Submitted: December 10, 2008
Before Judges Parrillo and Lihotz.
Defendant Eric C. Schwartz appeals from a December 12, 2007 Family Part matrimonial order, which modified his alimony and child support obligations. Defendant argues the order is against the weight of the evidence in the motion record. We agree. Accordingly, we reverse the December 12, 2007 order and remand for further proceedings.
The parties were divorced on July 23, 2003. Incorporated into the final judgment of divorce (FJOD) was a negotiated property settlement agreement (PSA) resolving the collateral issues arising in the matrimonial matter. Defendant, who earned $250,000 annually as a National Vice President of Sales for Ferragamo, agreed to pay $2500 per month for the children's support, and $5000 per month alimony to plaintiff, Christina M. Schwartz.
The terms of the PSA provided the parties would share joint legal custody of the two children, born April 12, 1993 and June 2, 1997. Plaintiff was designated the parent of primary residence and defendant the parent of alternant residence. At the time, both parents resided in Englewood Cliffs and they stated, the children would remain "domiciled in the State of New Jersey[.]"
In the summer of 2004, defendant's employment with Ferragamo ended. He received twelve months' severance. Defendant obtained a job with a new company. However, his base compensation was set at $150,000. Defendant could earn an additional bonus based on the company's profitability.
In 2006, plaintiff requested to relocate to Florida. The parties discussed the proposed move, along with defendant's request for a reduction in the previously designated support obligations due to his changed employment. The framework for an agreement was reached. The comprehensive modifications of the PSA were placed in a proposed consent order. First, plaintiff and the children would relocate to Florida and defendant's parenting time would be modified. The actual schedule of parenting time needed to be finalized. However, defendant requested the children spend one weekend each month, half of the summer, and school breaks in New Jersey. He also agreed to visit with the children in Florida. Additionally, defendant's monthly support obligations were reduced to $3350 for alimony and $1650 for child support. This reduction was contingent upon defendant's verification of his change in income. Finally, defendant assumed the obligation to pay "all costs associated with his parenting time with the children in Florida and/or New Jersey," which included transportation costs and any expenses related to the exercise of parenting time for defendant or the children.
The parties agreed on a parenting time schedule. On July 1, 2006, plaintiff and the children moved to Florida. Defendant commenced making the reduced support payments. However, defendant neither executed the proposed consent order memorializing the agreement terms, nor provided documentation supporting his claims of reduced income.
Plaintiff filed a motion to enforce the support provisions of the PSA or, in the alternative, to modify support based upon defendant's income. She also sought payment of counsel fees and costs incurred to present the motion.
Defendant responded. He attached his 2006 W-2 from his new employer, Rafe Studios, LTD, reflecting annual wages of $164,139.64, and a pay stub, which stated defendant's year-to-date income as of October 31, 2007, was $144,045.77. Defendant noted he had paid the combined alimony and child support of $5000 since the move. Also, he paid the children's travel costs incurred during parenting time. Although the costs were not quantified, the children had traveled to New Jersey four times during the prior year and spent eight weeks with defendant during the summer.
Plaintiff argued the parties calculated alimony and child support applying a "formula" of forty per cent of defendant's gross income. Since defendant misstated his income as $150,000, she proposed the court order alimony and child support of forty percent of defendant's actual income. In this way, defendant underpaid and had accumulated an arrearage.
It appears the motion judge accepted plaintiff's argument. He stated:
Therefore, since the percentages was [sic] a reflection of the original agreement, I would have to decide now from a totality of the circumstances that just for equity those percentages should be used in regard to his earnings for '06 from July to December, and his earnings from the year --the entire year of 2007.
Therefore, based upon the one sixty-four and change for July through December, should have been [$]32,820. Thirty thousand was paid, so you get $2,820 as arrearages. . . . January 1st, '07 to December 31st, projected income of close to one seventy-three puts it at [$]5,760 per month. So that makes it [$]9,120. And I'm going to rule that the total arrearages . . . is [sic] $11,940 as of December 31, 2007 . . . .
The court also ordered a $500 counsel fee award to plaintiff.
The scope of our review is limited. "The general rule is that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." Cesare v. Cesare, 154 N.J. 394, 411-12 (1998). Moreover, "[b]ecause of the family courts' special jurisdiction and expertise in family matters, appellate courts should accord deference to family court factfinding." Id. at 413. "Trial court findings are ordinarily not disturbed unless 'they are so wholly unsupportable as to result in a denial of justice.'" Meshinsky v. Nichols Yacht Sales, Inc., 110 N.J. 464, 475 (1988) (quoting Rova Farms Resort, Inc. v. Investors Ins. Co. of Am., 65 N.J. 474, 483-84 (1974)); Roe v. Roe, 253 N.J. Super. 418, 432 (App. Div. 1992).
When confronted with a claim that the trial court erred in its determination of the facts, we consider "'whether the findings made could reasonably have been reached on sufficient credible evidence present in the record.'" Beck v. Beck, 86 N.J. 480, 496 (1981) (quoting State v. Johnson, 42 N.J. 146, 161-62 (1964)). See DeVita v. DeVita, 145 N.J. Super. 120, 123 (App. Div. 1976) (applying this standard in custody cases). Where our review addresses questions of law, however, we are not bound to defer to the legal conclusions of the lower court. See Balamides v. Protameen Chems., Inc., 160 N.J. 352, 373 (1999) (stating, matters of law are subject to de novo review).
In his appeal, defendant argues the implementation of a percentage of defendant's gross income to fix alimony and child support was error. We agree. Contrary to the court's determination, our review of the record discerns no support for an alleged agreement to fix support by using such a formula. Neither the PSA nor the proposed consent order contained such a provision. Moreover, the implementation of a formula percentage to determine child support or alimony, although attractive in its simplicity of application, ignores the clear requirements of the law and shirks the responsibilities of the court.
Agreements between divorcing spouses as to child support and alimony are "always subject to review and modification based on a showing of 'changed circumstances.'" Lepis v. Lepis, 83 N.J. 139, 146 (1980); Berkowitz v. Berkowitz, 55 N.J. 564, 569 (1970). "The party seeking modification has the burden of showing such 'changed circumstances'" as would warrant relief from the support . . . provisions involved." Lepis, supra, 83 N.J. at 157. Defendant could have requested a downward modification of support, based upon his modified ability to pay. Miller v. Miller, 160 N.J. 408, 420 (1999); N.J.S.A. 2A:34-23(a)(3). Recognizing this premise, the parties commenced negotiations to resolve the issues presented by defendant's reduced income and the parenting time changes brought by plaintiff's move.
The first issue for the trial court's resolution was whether, as a result of those negotiations, an agreement was reached to reduce defendant's financial obligations to the level stated in the proposed consent order. If the question could not be resolved after review of the parties' certifications, a plenary hearing should have been scheduled. See, e.g., Innes v. Innes, 117 N.J. 496, 520 (1990); Lepis, supra, 83 N.J. at 159; Accardi v. Accardi, 369 N.J. Super. 75, 87 (App. Div. 2004); Isaacson v. Isaacson, 348 N.J. Super. 560, 579 (App. Div.), certif. denied, 174 N.J. 364 (2002); Harrington v. Harrington, 281 N.J. Super. 39, 47 (App. Div.) ("[J]udges cannot resolve material factual disputes [based] upon conflicting affidavits and certifications."), certif. denied, 142 N.J. 455 (1995).
If the court found an agreement was reached, the terms of that agreement should have been enforced. If the court determined an agreement was not reached, it should have decided whether defendant's changed circumstances required a modification of support and, if so, fixed the appropriate level of alimony and child support based on the proven level of income.
We note neither party disputed a verified change in economic and other circumstances existed in 2007. Not only had defendant suffered a decrease in income, but also, plaintiff relocated with the children increasing the expenses incurred to effectuate parenting time. The motion judge's comments suggest he accepted the parties' agreement that defendant suffered an adverse financial change requiring a modification of his support obligations. The language of the proposed consent order states defendant must verify his income. Plaintiff argued the reduction was contingent on proof substantiating those assertions. Apparently, the judge also concluded the agreement for reduced support applied only if defendant earned only $150,000 per year. Unfortunately, the court expressed no findings on these issues.
The proposed consent order does not state what occurs if defendant's income deviated from the amount he represented as his base salary. Possibly, there would be no agreement as to the proposed modified level of support. Alternatively, if the parties agreed to accept the modified support amount when defendant's base salary was $150,000, a recalculation would have been necessary when the proofs evinced a modest deviation in 2006 to $164,139.64. The change necessary for a modification is a significant change. Such a standard requires more than a modest increase before the equitable remedy of modification is invoked. Glass v. Glass 366 N.J. Super. 357, 361 (App. Div.), certif. denied, 180 N.J. 354 (2004); Stamberg v. Stamberg, 302 N.J. Super. 35, 42 (App. Div. 1997). Similarly, the 2007 extrapolated income further rose to $172,854.92; would that cause an adjustment?
The motion judge set support at forty percent of defendant's gross income for 2006 and 2007. This cannot be sustained, as it was error. Although setting support rests in the sound discretion of the court, Innes, supra, 117 N.J. at 504, the limits of this discretion are breached when a motion judge calculates support as a percentage of gross income, rather than making crucial factual determinations and then determining the amount of alimony guided by N.J.S.A. 2A:34-23 and child support, by applying the provisions of the Child Support Guidelines, Rule 5:6A. Implementation of a percentage formula exercises no discretion and weighs no equities, two significant functions of a Family Part judge. The "standard" employed when fixing support is what "'the circumstances of the parties and the nature of the case shall render fit, reasonable and just.'" O'Neill v. O'Neill, 18 N.J. Misc. 82, 93 (Ch. 1939) (quoting N.J.S.A. 2A:34-23), aff'd, 127 N.J. Eq. 278 (E&A 1940).
Thus, we reverse the December 12, 2007 order, and remand to the Family Part for further proceedings. The court must determine the nature of the parties' agreement to modify support. If support must be redetermined, the court must review the current financial circumstances of the parties, as revealed in case information statements, which were not filed in this matter. As to alimony, the trial judge must consider and make specific findings under N.J.S.A. 2A:34-23(b) and evaluate the supported spouse's needs and the supporting spouse's ability to meet those needs, as well as his own needs. Following the alimony calculation, child support must be determined. The PSA calculated defendant's child support obligation in accordance with the Child Support Guidelines. See Child Support Guidelines, Pressler, Current N.J. Court Rules, Appendix IX to R. 5:6A (2007). We discern no basis to deviate from this general rule. Finally, the court must include an allocation of the extraordinary travel expenses incurred during parenting time resulting from plaintiff's relocation.
The absence of adequate findings, as we have identified in this opinion, necessitates a reversal to allow the trial judge to reconsider the issues. On remand, the judge must fully and specifically articulate findings of fact and conclusions of law.
R. 1:7-4; Curtis v. Finneran, 83 N.J. 563, 569-70 (1980); Heinl v. Heinl, 287 N.J. Super. 337, 347 (App. Div. 1996); Rosenberg v. Bunce, 214 N.J. Super. 300, 303 (App. Div. 1986).
Reversed and remanded for proceedings consistent with this opinion.
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text:
|Publication number
|Publication type
|Application number
|Publication date
|Nov 1, 2011
|Filing date
|Oct 27, 2008
|Priority date
|Oct 27, 2008
|Fee status
|Also published as
|Publication number
|Dennis Zeiber
|Original Assignee
|All-American Hose Llc
|Export Citation
|BiBTeX, EndNote, RefMan
|Patent Citations (38), Non-Patent Citations (2), Referenced by (1), Classifications (11), Legal Events (8)
|External Links: USPTO, USPTO Assignment, Espacenet
This invention is in the field of hose couplings.
U.S. Pat. No. 4,940,261 to Sommer-Vine states in the Abstract that: "[t]his invention relates to a pipe coupling and, in particular, to a Victaulic-type coupling which generally comprise a pair of half shells, together forming a sleeve which can be placed around adjacent flanged or grooved ends of a pair of pipes which have been located in co-axial end to end relationship for joining. The pipe coupling of the invention comprises a pair of discrete, substantially identical half shells which are engageable with one another to form a coupling sleeve. The half shells each include a hook formation on one end thereof which is interengageable with the hook formation of the other half shell, partly to secure the half shells to one another."
U.S. Pat. No. 5,297,822 to Sanders et al. discloses in the Abstract that: "[a] hose construction, coupling therefor and methods of making the same are provided, the hose construction comprising a tubular hose and a coupling secured to one end of the tubular hose, the inner peripheral surface of the tubular hose comprising an inner corrugated hose made of polymeric material and having inwardly convex projections with recesses therebetween and extending from one end of the tubular hose to the other end thereof, the coupling having an insert disposed in the one end of the tubular hose and being radially outwardly expanded into sealing relation with the inner corrugated hose, the insert having an outer peripheral surface defined by a plurality of outwardly convex projections with recesses therebetween, the projections of the insert being respectively received in the recesses of the inner hose and the projections of the inner hose being respectively received in the recesses of the insert whereby the interior of the tubular hose is substantially sealed to the interior of the coupling."
U.S. Pat. No. 5,413,147 to Moreiras et al. discloses at col. 2, Ins. 37 et seq. "[i]n accordance with the invention, a flexible hose comprises an inner corrugated tube of polymeric material impervious to the fluid to be conveyed through the hose, an intermediate layer of rubber material surrounding the inner corrugated tube, a braided layer of fiber reinforcement material, and an outer layer of rubber material surrounding the braided layer of fiber reinforcement. The corrugated tube has alternating radially outer ridges and radially outwardly opening grooves axially staggered in relation to alternating radially inner ridges and radially inwardly opening grooves with a void being left at the bottom of the radially outwardly opening grooves. The radially outer ridges of the inner corrugated tube preferably are flat for controlling the degree of penetration of the intermediate rubber layer into the radially outwardly opening grooves."
U.S. Pat. No. 4,593,942 to Loker states in the Abstract: "[a] coupling and method of coupling thin-walled/tubing and the like includes an inner member and an outer member in the form of a sleeve or band surrounding the inner member with the tubing therebetween. The inner member is provided with a pair of tubing grooves and a seal receiving groove between the two tubing grooves or at least between one groove and the tube receiving end of the coupling. By means of annular ridges, the tubing is forced into the tubing grooves, and by means of an annular ridge the tubing is pressed tightly against the seal in the seal receiving groove, thus forming a fluid-tight coupling member."
U.S. Pat. No. 4,486,036 to Storke et al states in the Abstract that: "[a] coupling and method of coupling thin-wall hose/tubing and the like includes an inner member, a sleeve surrounding the inner member and the tubing therebetween. The inner member is provided with a pair of tubing grooves and a seal material between the grooves. By means of compression rings or annular ridges the tubing is forced into the tubing grooves and stretched across the seal, thus forming a fluid-tight coupling member."
It is desirable, therefore, for a hose coupling to retain the hose at high pressure. A hose coupling which is capable of handling high pressure due to long pumping distances is required. For instance, in military applications fluid (which may be fuel) must be pumped long distances from a source to a destination. Longer transport distances (up to 660 feet) increase pump discharge pressures which may be up to 750 psig. Longer transport distances increase the demands on the pumping equipment, the length of the hose, and the number of couplings used to join the hoses together. It is common to run hose lines as long as 660 feet in length. High pressures have heretofore caused difficulties in that large stresses have been applied to hose at pinch points within the couplings. Linear part lines in hose couplings cause particularly prominent problems with leakage as the pinch points perforate the hose. Prior art hose couplings have linear part lines which create linear pinch points. Prior art hose couplings also have sharp edges in the coupling parts which engage the hose and restrict the hose from stretching thus causing excessive tension to specific areas of the hose causing the fabric liner to split.
It is desirable, therefore, to provide a hose coupling which prevents tearing of the hose by allowing the hose to uniformly stretch. It is also desirable to provide a hose coupling device which avoids pinch points and part lines which cause leakage in the hose.
A hose coupling which prevents the extraction of hose from the coupling is disclosed and claimed. The hose may be a liquid transfer hose or it may be a general purpose fire hose. The hose comprises a tailpiece, a sleeve and a collar. The tailpiece includes an exterior, first sinusoidally shaped contour. The tailpiece also includes a cylindrically shaped interior through which fluid passes.
The exterior, first sinusoidally shaped contour of the tailpiece includes diamond shaped ed portions which grip the fire hose in engagement with the tailpiece as described herein. The sleeve includes an interior, second sinusoidally shaped contour reciprocal to the first sinusoidally shaped contour of the exterior of the tailpiece. The sleeve includes first and second halves and each half of the sleeve includes two sets of reciprocal fingers. Each set of reciprocal fingers of the first half of the sleeve engages and interfits a respective set of reciprocal fingers of the second half of the sleeve and the fingers are then interdigitated.
The exterior, sinusoidally shaped contour of the tailpiece includes first peaks and first valleys and the second interior, sinsusoidally shaped contour of the sleeve includes second peaks and second valleys. A hose which may be a fluid transport hose is disposed between the sleeve and the tailpiece. The first peaks of the tail piece interfit the second valleys of the sleeve and the first valleys of the tailpiece interfit the second peaks of the sleeve. The collar includes first and second halves each of which interengage the sleeve. The collar urges the sleeve against the hose which engages the first sinusoidally shaped contour of the exterior of the tailpiece and the diamond shaped knurled portions of the first sinusoidally shaped contour of the exterior of the tailpiece preventing extraction of the hose from the coupling. The knurl may be a straight circumferential knurl or it may assume any pattern shape.
The hose coupling joins two sections of hose together. The hose may be fire hose, fuel transfer hose or any hose of any type. The coupling retains the hose at a high pressure as compared to current couplings being manufactured. Also, the hose coupling has a Victaulic type end for joining two sections of hose. This joining method can be done in different ways, for example the Victaulic type connection just mentioned or it may be threaded.
The tailpiece of the invention includes a wave form (sinusoidal or other waveform) which prevents pinch points. Current couplings, for instance those which meet the "mil spec", create sharp edges causing tears and the like in the liners of the hose and in the fabric which supports those liners. "Mil spec" stands for military specification. Pinch points are also created in the prior art devices between various clamping components. Pinch points prevent the hose from stretching any allowable amount thus causing excessive tension in specific areas of the hose causing the fabric liner to split. The wave form used in the invention applies a constant force across the hose, thus reducing the stress on the fabric liner. The sleeve includes interlacing reciprocal fingers (interdigitated fingers) which prevent a straight line pinch point on the hose when the sleeves are clamped together and retained by the collars. A straight line pinch point can cause a leak path for fluid to egress. The latch assembly is made up of a pivot bar, bolts and washers. Bolts are partially threaded into the pivot bar which is placed in a retaining groove on one collar then swung into place on the other collar. Clamping can also be accomplished by threading the bolts directly into one of the collar halves. The function of the gasket is to prevent fluid egress into the coupling.
The gasket is installed into the groove on the tailpiece, then the hose is slid onto the tailpiece until it reaches the shoulder. The two sleeves are then placed on the outside of the hose. The collars are then placed with the parting line offset from the interlacing fingers of the sleeves. The assembly is then clamped together by means of equally applying torque to the bolts of the latch assembly.
A method for coupling hose is also disclosed and claimed. The method includes the steps of drawing hose over the exterior of the tailpiece. The tailpiece includes an undulating exterior surface and the inside diameter of the hose is slightly larger than the largest outside diameter of the hose gripping portion of the tailpiece. A shoulder which resides relatively close to the hose gripping end portion of the tailpiece has a larger diameter than the hose and therefore the hose is slid over the tailpiece until it abuts the shoulder. After the hose is in place over the tailpiece, the step of placing first and second sleeves on the outside of the hose is performed. Each sleeve half has interdigitated fingers for interengagement with fingers of the other half of the sleeve. Each sleeve includes undulating interior surfaces. Next, the first and second collar halves are placed over the first and second sleeves such that the joint between the first and second collars is rotationally offset from the interengagement of the interdigitated fingers of the sleeves. In practice, one of the sleeves will be positioned within one of the halves of the collars and it will rest on a surface and then the other collar will be placed on the top. Once positioned, the bolts pass through the collars and are secured in a pivot rod thus clamping the first and second sleeves to the hose. The bolts will then be tightened by torqueing, uniformly, the collars to each other urging them into forceful engagement with the sleeves compressing the hose between the undulating exterior surface of the tailpiece and the undulating interior surface of the sleeves. The method is particularly useful where the tailpiece includes diamond shaped knurled portions thereof.
The method includes steps of clamping and torqueing which are performed with pivot rods. The pivot rods reside in J-shaped slots in the exterior portions of the first and second collar halves. The pivot rods are threadedly interconnected with bolts secured within a respective one of the first and second collar halves. Using J-shaped slots together with the pivot rods enables rotation of one of the first and second coupling halves with respect to the other enabling removal of the hose from the coupling for reuse thereof.
It is desirable, therefore, to provide a hose 101 using Vectran fiber. The hose includes 3 layers: a liner (unnumbered), a jacket and a cover. The liner and cover 110 are polyurethane. The yarn used for the jacket is Vectran� which has high tensile strength and good strength retention for a wide range of temperatures. Vectran� is a registered trademark of Kuraray Co. Ltd. of Japan. In the circumferential (Weft) direction the pattern is preferably 2-4-2-4 and in the axial (Warp) direction the pattern is 4-2-4-2. Fiber diameter is measured as Denier 10500 in the Warp, 13500 in the Weft. See
Referring to
Referring to
Referring to
Still referring to
Referring to
Peaks 162A-D and valleys 160A-D of the contour of the exterior surface of the tailpiece are illustrated in
Referring to
Referring to
Different hose sizes and differently dimensioned tailpieces, sleeves and collars may be used. The examples are given as ways to implement the invention and those skilled in the art will recognize that changes may be made without departing from the spirit and scope of the invention as claimed.
The method for coupling hose may accomplish clamping and torqueing with the use of pivot rods. The pivot rods reside in J-shaped slots in the exterior portions of the first and second collar halves. The pivot rods are threadedly interconnected with bolts secured within a respective one of the first and second collar halves. The J-shaped slots enable rotation of one of said first and second coupling halves with respect to the other enabling removal of the hose from the coupling for reuse thereof. Alternatively, instead of using the pivot rods the bolts may directly thread into the other half of the coupling.
Those skilled in the art will realize that the invention has been set forth by way of example only and that changes may be made to the examples shown herein without departing from the spirit and the scope of the claims which have been appended hereto.
|Cited Patent
|Filing date
|Publication date
|Apr 30, 1918
|Apr 15, 1919
|Oil Well Supply Co
|Hose-coupling nozzle and clamp.
|Jul 10, 1926
|Jan 28, 1930
|Greve Edgar E
|Hose connection
|Feb 3, 1930
|Feb 2, 1932
|James Clarence Perkins
|High pressure hose connection
|Sep 29, 1931
|Apr 5, 1932
|Farr James R
|Hose coupling
|Jun 1, 1931
|Nov 15, 1932
|George W Shaffer
|Hose coupling
|Oct 13, 1958
|Jan 15, 1963
|Aeroquip Corp
|Oct 14, 1963
|May 3, 1966
|Imp Eastman Corp
|Full grip clamp
|Oct 2, 1964
|Jul 25, 1967
|Imp Eastman Corp
|Hose construction
|Jun 6, 1966
|Jul 22, 1969
|Uniroyal Inc
|Electrically grounded hose
|Apr 10, 1968
|Oct 14, 1969
|Ingram Basil D
|Coupling for connecting a flexible tube to a rigid tube
|Jan 6, 1970
|Aug 29, 1972
|Goodall Semi Metallic Hose & M
|Hose coupling
|Jul 17, 1978
|Oct 21, 1980
|Boyer Jean Jacques
|Hose coupling
|Jul 22, 1981
|Aug 28, 1984
|Applied Polymer Technology, Incorporated
|Lined hose including a thermoplastic liner bonded to a casing by hot melt adhesive
|Sep 29, 1982
|Dec 4, 1984
|Hydrasearch Co Inc
|Reusable coupling
|Aug 27, 1984
|Jan 14, 1986
|Hydrasearch Co., Inc.
|Separable coupling for thin-walled flexible hose
|Jul 16, 1984
|Jun 10, 1986
|Hydrasearch Co., Inc.
|Coupling for thin-walled flexible hose
|Jul 6, 1987
|Nov 15, 1988
|Tyron, Inc.
|Wheel rim fastener
|May 13, 1988
|Jul 10, 1990
|Dorbyl Light And General Engineering (Proprietary) Limited
|Pipe couplings
|Nov 8, 1988
|Aug 28, 1990
|Parker Hannifin Corporation
|Hose construction
|Dec 11, 1992
|Mar 29, 1994
|Dayco Products, Inc.
|Hose construction and coupling therefor
|Apr 29, 1993
|May 9, 1995
|Parker-Hannifin Corporation
|Flexible hose and fitting assembly
|May 15, 1995
|Jan 14, 1997
|Snap-Tite, Inc.
|Double jacketed fire hose and a method for making a double jacketed fire hose
|Dec 8, 1995
|Feb 18, 1997
|Snap-Tite, Inc.
|Double jacketed fire hose and a method for making a double jacketed fire hose
|Mar 19, 1998
|Oct 26, 1999
|Snap-Tite Technologies, Inc.
|Piston valve
|Jun 3, 1999
|Aug 15, 2000
|Snap-Tite Technologies, Inc.
|Coupling half and method of making same
|Apr 28, 1997
|Jun 24, 2003
|Victaulic Company Of America
|Segmented pipe couplings employing T-bolts and improved T-bolts therefor
|Aug 26, 1999
|Dec 9, 2003
|Totaku Industries, Inc.
|Pipe-end-connecting joint
|Aug 2, 2004
|Dec 27, 2005
|Dyna-Flex, Inc.
|High pressure flexible hose
|Jan 23, 2001
|Jan 10, 2006
|Snap-Tite Technologies, Inc.
|Apparatus and method for continuously and endlessly vulcanizing rubber hose
|Mar 30, 2005
|Apr 3, 2007
|Snap-Tite Technologies, Inc.
|Apparatus and method for continuously and endlessly vulcanizing rubber hose
|Jun 27, 2006
|May 11, 2010
|Bhp Billiton Petroleum Pty, Limited
|May 18, 2001
|Nov 21, 2002
|Holland John E.
|Protective cover
|Aug 16, 2002
|Jun 19, 2003
|Hannigan Mark A.
|Bi-modulus reinforcement fabric
|Jul 3, 2003
|Dec 30, 2004
|Warren Anthony G.
|High pressure flexible conduit
|Dec 13, 2006
|Jun 19, 2008
|Nguyen Huy X
|Tubular composite structures
|Title not available
|Title not available
|Title not available
|Military Spec Photograph of Device, Circa 1998.
|www.victaulic.com, Pages From, Jul. 22, 2008.
|Citing Patent
|Filing date
|Publication date
|Oct 12, 2010
|Apr 14, 2011
|Ivg Colbachini S.P.A
|Corrugated flexible hose fitting and corrugated flexible hose including this fitting
|U.S. Classification
|285/242, 29/525.02, 285/419, 285/253, 285/373
|International Classification
|Cooperative Classification
|European Classification
|Oct 27, 2008
Owner name: SNAP-TITE TECHNOLOGIES, INC.,DELAWARE
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST;ASSIGNOR:ZEIBER, DENNIS;REEL/FRAME:021741/0005
Effective date: 20081027
Owner name: SNAP-TITE TECHNOLOGIES, INC., DELAWARE
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST;ASSIGNOR:ZEIBER, DENNIS;REEL/FRAME:021741/0005
Effective date: 20081027
|Jun 7, 2010
Owner name: ALL-AMERICAN HOSE LLC,PENNSYLVANIA
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST;ASSIGNOR:SNAP-TITE TECHNOLOGIES, INC.;REEL/FRAME:024492/0351
Effective date: 20100601
Owner name: ALL-AMERICAN HOSE LLC, PENNSYLVANIA
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST;ASSIGNOR:SNAP-TITE TECHNOLOGIES, INC.;REEL/FRAME:024492/0351
Effective date: 20100601
|Dec 20, 2011
|Certificate of correction
|Oct 25, 2012
Owner name: WELLS FARGO BANK, NATIONAL ASSOCIATION, NEW YORK
Free format text: SECURITY AGREEMENT;ASSIGNOR:ALL-AMERICAN HOSE LLC;REEL/FRAME:029190/0798
Effective date: 20121002
|Jun 12, 2015
|Maintenance fee reminder mailed
|Jul 9, 2015
|Surcharge for late payment
|Jul 9, 2015
|Fee payment
Year of fee payment: 4
|Nov 8, 2016
Owner name: ALL-AMERICAN HOSE ACQUISITIONS LLC, PENNSYLVANIA
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST;ASSIGNOR:ALL-AMERICAN HOSE LLC;REEL/FRAME:040249/0100
Effective date: 20161021


text:
It's too early yet to pick a presidential candidate, but two major problems facing Hillary Clinton have faded seriously in the past week. Her opponents claimed Mrs. Clinton as Secretary of State was to blame for deaths, and lied .
We're confident that reasonable people can figure out new rules related to noisy music in Manhattan with a little more time. We'd just like to make a couple of observations before that all gets worked out. First, the .
The governor took his children to a basketball game in Omaha and a football game in Memphis. The secretary of state traveled to political events. Other officials crisscrossed the state. All of them took a state-owned airplane, according to newly .
Riley County commissioners last week did something wrongheaded. They ought to reverse course. What they did: Commissioners reached a consensus on a plan to designate money to promote economic development outside the city limits of Manhattan. They took $20,000 out of .
It's the Fourth of July. Which means it's a day to be united. It's a day to reflect on the unity that got us here — to the point where we disagree and debate with each other, sometimes .
You've got a great chance to help young people in the Manhattan area. Readers who've been around a few years know about it already: The YES! Fund. For those of you who don't know, or need a .
This is the day that kids in the Manhattan area have been looking forward to for a year. Many adults, too. Fireworks went on sale today at noon. Not many of those people give a whole lot of thought to .
We'll give 1st District Rep. Tim Huelskamp this much credit: He motivated Bob Dole to use Twitter. Rep. Huelskamp wasn't, however, the subject of Mr. Dole's first tweet. In that, the 92-year-old former U.S. senator, Senate .
We're not in the habit of urging Kansans to get involved in political action committees. That's true even when four former Kansas governors get together to form one that challenges laws and policies put into effect during the .
The school funding equity bill that the Kansas Legislature approved Friday is worth applauding because the Kansas Supreme Court is expected to find that it complies with the constitution and thus allow public schools to remain open. The measure is .
It's hard to tell what, if anything, the Obama administration can do about the growing arms transactions between Russia and Iran, but the White House's silence is hardly a positive sign. Perhaps President Barack Obama's desire to .
Democratic members of the U.S. House of Representatives gained a little momentum — and relevance — earlier this week when they staged a sit-in to protest the Republicans' refusal to even allow a vote on a gun control measure Democrats supported. .
Subscribers can access a list of local public employees' 2014 pay records.
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text:
5307 S 44th Pl,Rogers AR, 72758
4 beds , 2 baths
2,303 sq. ft
Status: Active
Berkshire Hathaway HomeServices Solutions Real Estate
(479) 271-2424
Last Updated: 12/7/2016 4:14 PM
Description for 5307 S 44th Pl Rogers, AR 72758
Great location! Immaculate! Single level. Open living & family room with vaulted ceilings. Wall of windows looks onto the backyard. The master has tiered ceiling, large walk in shower, whirllpool & walk in closet. Beautiful cabinetry in kitchen, corner sink & under counter lighting. Formal dining room has built in buffet. Split floor plan. This is a home to enjoy and proudly entertain family & friends. Close to shopping and area amenities. AHS home warranty.
Listing Information
Ridgecrest Meadows
Electric Water Heater, Gas Water Heater
School Information
Room Information
Eat-In Kitchen
Interior Features
Ice Maker Hookup, Dishwasher, Garbage Disposal, Microwave, Range, Gas Appliances
Ceramic Tile, Carpet, Wood
Central Air, Electric, Ceiling Fan(s)
Gas Heat, Central
Window Blinds, Cathedral/vaulted Ceiling, Split Floor Plan, Walk-in Closets, Smoke Alarm
Exterior / Lot Features
Attached Garage, Garage
Composition Shingle
Privacy Fence
Landscaped Professionally, Landscaped, Cul-De-Sac, Subdivision, Public Roads, Level
Financial Considerations
Inside AccessTM
Current market conditions for 5307 S 44th Pl
Active Market Trends
Source:MLS DATA
Median list price$330,000
Days on market109
Properties for sale337
Sold Market Trends
Source:MLS DATA
Median sold price$200,000
Sales to list price9,746.0%
Properties sold339
Median sq ft price$99
Arrows indicate 90 day trend
Listing Price History for 5307 S 44th Pl
Rogers Real Estate
Rogers is located in Arkansas. Rogers, Arkansas 72758 has a population of 56,208.
The median household income in Rogers, Arkansas 72758 is $51,535. The median household income for the surrounding county is $53,515 compared to the national median of $53,046. The median age of people living in Rogers 72758 is 31.7 years.
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text:
8 Week Snowbird Session: Hand-Building Pottery January & February
•DATES: 8 Consecutive Classes from 3:30 to 5:30 PM each Wednesday starting January 4, 2017 and ending February 22, 2017.
•FEES: $200 per session; plus $25 for tools and $30 for materials (see below)
•REGISTRATION: Pre-payment for pre-registration is required. You can register by phone with a credit card by calling 321-292-0762 or in person at Outlaw Pottery. Call for hours. Classes are non-refundable.
•PROJECT TYPES: Hand-building classes using soft slabs of fresh clay may include the following type of projects: platters, mugs, luminaries, bird houses, garden art, wall pockets, slip trailing. Photos of hand-building projects that previous students have created are pictured to the right.
•FIRING SCHEDULE: Depending on the projects, your last 2 or 3 classes will be spent glazing your pottery. After you glaze your bisque fired projects are glazed, it will take 2 to 3 weeks to have them glaze fired. Most pottery can be picked up 2 to 3 weeks after your last class. If you have to leave to go back north sooner, speak to your teacher to make special arrangements.
•MISSED CLASSES: Because of the schedule of this special session, there are no opportunities to make up a missed class at a different time. However, if you have to miss a class, it is not the end of the world. You can pick right back up the next week with that week's project, just like missing a yoga class.
•$30.00 - One 25 lb bag of clay. Includes one bisque and one glaze kiln firing, and free dip glazes. Clay must be purchased at Outlaw Pottery.
•$25.00 - Potter's Pail DeluxeTool Kit. Available for sale at Outlaw Pottery. This kit is property of the student and can be used for all future wheel-throwing and/or hand-building pottery classes. (Students may bring in their own tools or purchase them elsewhere, but all tools listed here are required for class.) Outlaw Pottery's Potter's Pail DeluxeTool Kit includes one 2.5 qt. durable plastic bucket with steel handle, one 1 qt durable plastic bucket, round sponge, wooden rib tool, long wooden trim tool, aluminum scraper, large loop trimming tool, double sided ribbon trimming tool, heavy duty needle tool and clay cut off wire, one hand towel, and one clean-up rag.
•All materials are non-refundable.
A fun environment in a professional pottery studio where you can relax, laugh, and unleash your inner artist in a supportive learning environment. Really want to relax? Feel free to bring in your favorite bottle of wine!
Thousands of dollars in top-of-the-line professional grade wheel-throwing, hand-building and sculpture equipment available to all of our students to ensure that your pottery creations know no bounds:
•Exclusive easy to use Vertical Slab Roller
•Clay Extruders
•Slump, hump and sprig molds
•Stamps and texture tools
•5 Digital Kilns


text:
Retailers' holiday ad spending falls
Retailers shift their ad spending from TV, radio and print ads to digital ads.
Retailers' holiday ad spending falls
Retailers shift their ad spending from TV, radio and print ads to digital ads.
Retailers rack up big holiday gains on online marketplaces
Sellers say they are faring particularly well on the marketplaces of Amazon and Wal-Mart so far this holiday season.
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Online sales are up 13.6% on Thanksgiving Day over last year as of 3 p.m. Eastern time, Adobe says. Retailers offer big discounts and consumers in ever-larger numbers shop on their mobile devices.
Posted 11/24/2016James MeltonPost a comment
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Amazon and Walmart.com remain the top e-commerce destinations.
Posted 08/16/2016Don DavisPost a comment
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International sales increased an even faster 30%. The company also reported a record profit of $857 million during the second quarter and accelerated expansions of its U.S. fulfillment network.
Posted 07/28/2016Don DavisPost a comment
Related Content:Amazon | Amazon Q2 2016 | Amazon Earnings
Still, 38% of consumers' posts about Prime Day were related to 'sadness.'
Posted 07/12/2016Zak StamborPost a comment
Tower Paddle Boards sells about $11,000 in merchandise through Amazon on a typical day. But as a Deal of the Day, it sold nearly $400,000.
Posted 04/29/2016Allison EnrightPost a comment
Amazon's MyHabit is the latest flash-sale site to undergo changes as the model loses steam.
Posted 04/25/2016Allison EnrightPost a comment
Related Content:Flash Sale Sites
Amazon drops prices on its top-selling toys and Kmart enlists Peeps on social media.
Posted 03/21/2016Sandra GuyPost a comment
Nordstrom expects online sales to account for 30% of business by 2020.
Posted 03/10/2016Bloomberg NewsPost a comment
Related Content:Nordstrom
Amazon will lease 20 Boeing 767s in a push to build an air delivery network.
Posted 03/09/2016Bloomberg NewsPost a comment
Autozone's online sales increased 9.2% during the same quarter a year earlier. The retailer's CEO says online competition is tougher.
Posted 03/01/2016Sandra GuyPost a comment
Related Content:Automotive | Autozone


text:
As the ten-year ban on British beef exports is lifted, Professor Tony Minson from Cambridge University joins us to discuss what causes BSE, how it is spread and why it is such a problem. With another example of how animal diseases can be passed to humans is Dr Joanne Webster from Imperial College London who describes the life cycle of Toxoplasma gondii, how it makes mice as mad as hatters and a possible link to schizophrenia in humans. But it's not all doom and gloom as Professor Margaret Stanley from Cambridge University reveals how a cervical cancer vaccine is proving highly successful in clinical trials, and Derek Thorne has fun with food colouring in Kitchen Science.
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text:
The fatal combination of heavy snow and sub-zero temperatures have cost the retail and aviation industries many millions of pounds during one of the most crucial weekends of the retail year.
Black Friday, usually the busiest shopping day of the year, unfortunately saw some of the heaviest snow we've seen yet. The UK has grinded to a halt as a result, and the loss in revenue is sure to hit the high street hard.
Alexon, a women's fashion group, were the first retailer to issue a profit warning which blamed the extreme weather conditions on their loss in revenue. Alexon claims that the weather had forced many of their brands, such as Ann Harvey, to close shops in a bid to deter its older customers from venturing out.
It is very unlikely that Alexon is the only retailer to have seen their profits hit badly by the snow. Profit warnings from big retail chains are expected to follow before Christmas.
Figures released yesterday by Synovate Retail Performance show that the number of people out shopping in stores across the UK fell by 8.8pc. Figures do not include supermarkets, which are not expected to be hit as hard as high street stores.
In the aviation industry, the snow is thought to have cost British Airways a £40m loss in profit. BA has nearly 600 flights operating in and out of Heathrow airport each day, but because of the weather conditions, flights have been reduced to nearly a third of its regular schedule over the last four days.


text:
Chinese Ming Dynasty Blue & White Swatow Porcelain Covered Jar
Directory: Antiques: Regional Art: Asian: Chinese: Porcelain: Blue and White: Pre 1700: Item # 1343875
Please refer to our stock # M0514 when inquiring.
View Seller Profile
Brighton, Sussex,
United Kingdom
Tel: 01273 622152
Guest Book
This covered jar was made during the Wanli reign (1573 - 1620) of the Ming Dynasty. It has an underglaze blue decoration of floral patterns. The thick crackled glaze covers both inner and outer surfaces of the jar and the outer surface of the cover. The inside of the cover and the base of the jar remain unglazed. To the lower part of the jar the thick glaze has "crawled" in places and there is also kiln grit embedded within the glaze, a common feature of "Swatow" (also known as "Zhangzhou") ware of this period.
Diameter 10.5 cm (4 inches). There are chips to the inner and outer edges of the cover, but there is no repair or restoration.
*** TO ORDER THIS ITEM PLEASE EMAIL US QUOTING OUR STOCK NUMBER (see above) - WE SHALL THEN EMAIL YOU BACK WITH POSTAGE COSTS AND PAYMENT INSTRUCTIONS ***
*** FOR FULL DETAILS OF OUR GUARANTEE AND PAYMENT OPTIONS, PLEASE CLICK ON "Buying from us - All you need to know" ON OUR HOME PAGE ***


text:
Monro Muffler Brake, Inc.NASDAQ
Dec. 24, 2015, 10:02 AM
- Pep Boys' (PBY -0.2%) bidding process will continue into the new year, culminating with a breakup of the service and retail operations and Monro Muffler (MNRO -0.5%) or O'Reilly Auto Parts (ORLY -0.1%) as potential buyers, Sterne Agee CRT analyst Ali Faghri says, adding that a deal with either company would be a positive catalyst since both have strong track records of acquisition integration.
- Faghri says an Icahn Enterprises (IEP -0.1%) acquisition of PBY likely would result in a sale of the service operations, with MNRO as a potential buyer; should Bridgestone prevail, PBY's retail business would be viewed as non-core and the ~560 stores would be sold, with ORLY the mostly likely buyer in this scenario.
- At an $18.10 takeout price, the analyst says the current deal valuation of ~12.5x TTM EBITDA shows the strength of the auto aftermarket industry, justifying MNRO's premium valuation (~14x 2016 EBITDA) and underscoring the discount at which Advanced Auto Parts (AAP +0.1%) trades (~9x 2016 EBITDA).


text:
25% off Hoodies and Sweatshirts. 20% off everything else. Use MANICMON
Cafe Ambrosia, a favorite local hangout.
Awesome shot!Bravo my friend!
Wonderful image!
Thanks Antoine and niffer….just realized: this is also a self portrait! lol
Love it!:)
Excellent would look wonderful as a lets go for coffee card
Nice chilled out vibe, and like the people talking in the background :)
Thanks Louise, Luuezz and Denny….this just caught my eye as I was walking downtown on a shoot.
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text:
Young Hero says 20 days is the new 100days
Express raja which released for Sankranthi has scored a blockbuster hit at the box office with good collections.Now the movie is entering into 3rd week and speaking about the same, Sharwanand has shared the 20th-day poster of Express raja and claims that 20days are the new 100days.
In these days, if a movie plays successfully for 3 to 4 weeks then its considered as a super hit blockbuster.In early days, the movie used to run for 175 days or even more but now the maximum a movie runs for 3 or 4 weeks.So that is the reason why Sharwanand claims that statement.
Actually, sharwanand scored a hat-trick with the success of Express Raja.His earlier films i.e Run Raja Run and Malli Malli Idi Rani Roju are also box office winners and thus making a hat -trick for this hero.These days, we rarely see Heroes scoring a hat trick with their films.
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Daughtry Tickets PSU Bryce Jordan Center University Park Penn State College PA 3 Doors Down Pennsylvania.
Daughtry Tickets Snagajob.com Pavilion Glen Allen VA 5/22
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Daughtry Tickets Red Hat Amphitheater Festival Site Raleigh NC 3 Doors Down 7/3
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Daughtry Tickets Pier Six Concert Pavilion Baltimore MD 3 Doors Down 7/6
Daughtry Tickets Meadowbrook US Cellular Pavilion Gilford NH 3 Doors Down 7/9
Daughtry Tickets Darlings Waterfront Pavilion Park Bangor ME 7/10
Daughtry Tickets Bank Of America Pavilion Boston MA 7/12
Daughtry Tickets Summer Stage At Tags Big Flats NY 3 Doors Down 7/13
Daughtry Tickets War Memorial At Oncenter Syracuse NY 3 Doors Down 7/16
Daughtry Tickets Nikon at Jones Beach Theater Wantagh Long Island NY 7/17
Daughtry Tickets DTE Energy Music Theatre Detroit Clarkston MI 3 Doors Down 7/22
Daughtry Tickets PNC Pavilion at Riverbend Music Center Cincinnati OH 7/23
Daughtry Tickets The Venue at Horseshoe Casino Hammond IN 7/25
Daughtry Tickets County Fair Dubuque IA 7/26
Daughtry Tickets Washington County Fair Park West Bend WI 7/27
Daughtry Tickets Covelli Centre Chevrolet Youngstown OH 3 Doors Down 7/29
Daughtry Tickets Stir Cove At Harrahs Council Bluffs IA Omaha 3 Doors Down 7/31
Daughtry Tickets The Lawn At White River State Park Indianapolis IN 3 Doors Down 8/2
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"Just wanted to let you guys know that you are all awesome. I bought tickets for Blue Collar Comedy Tour at the First Mariner Arena in Baltimore, MD. Not only were my tickets delivered to me faster than I was told, I had some of the best seats in the house! I was able to get a high-five from all of the guys in the Tour! I will be coming back to this site for all of my future purchases of tickets! Thank you so much!"


text:
Physicians get little training on how to handle requests from terminally ill patients to help them end their lives, so Canadian palliative care physician Dr. Larry Librach created a training program at the University of Toronto's Joint Centre for Bioethics. The requests can be a sign of unidentified suffering that should be addressed, according to the course.
Full Story:National Post (Canada)


text:
Louisiana-Pacific Corp. (LPX) Misses Q3 EPS by 5c; New COO Named
- Record-setting rally pushes on as S&P ends week up 3 percent
- Trump's Cohn Pick Most Bullish Sign Yet for Banks - Cowen
- Unusual 11 Mid-Day Movers: (IDXG) (INVN) (EBS) Higher; (SCON) (DTEA) (DLTH) Lower (more...)
- 21st Century Fox (FOXA) offers to acquire Sky for GBP10.75/share
- Coca Cola (KO) Announces James Quincey to Succeed Muhtar Kent as CEO; Kent to Continue as Chairman
Get Alerts LPX Hot Sheet
EPS Growth %: +366.7%
Financial Fact:
Investment income: 2.5M
Today's EPS Names:
OPTT, LEE, FGP, More
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Louisiana-Pacific Corp. (NYSE: LPX) reported Q3 EPS of $0.32, $0.05 worse than the analyst estimate of $0.37. Revenue for the quarter came in at $596 million versus the consensus estimate of $600.78 million.
Executive Change:
Louisiana-Pacific announced that the Board of Directors has appointed Executive Vice President Brad Southern to the newly created position of chief operating officer for the purpose of implementing its orderly management succession plan.
This Smart News Release features multimedia. View the full release here: http://www.businesswire.com/news/home/20161031005199/en/
Brad Southern (Photo: Business Wire)
Southern will continue to oversee the oriented strand board (OSB) operations, a post he has held since 2014. General managers from the company's siding and engineered wood products, as well as sales and marketing and manufacturing services will report to Southern, who in turn will report to CEO Curt Stevens.
"I'm very pleased to have Brad in this position as his experience will be invaluable as we continue to take advantage of an improving housing market," Stevens said. "As the LP Board has done in the past, we are making sure we have qualified internal successors to assume leadership when the time comes."
Southern joined LP in 1999 as controller for the specialty business. He held a number of increasingly complex operating roles and became general manager of the Siding business in 2004. He held that job until moving to OSB in 2014.
"Brad was the primary architect of the siding segment strategy that we put in place during the housing downturn," Stevens said. "That strategy has played a large role in the phenomenal growth we have seen in siding. Since heading up OSB, he's been instrumental in improving our operating performance there, too."
Southern began his forest products career with MacMillan Bloedel as a forester, where he held a variety of jobs in forestry, strategic planning, finance, accounting and plant management. He has a B.S. and a master's degree in Forest Resources, both from the University of Georgia.
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TBS Cover Editor v126.96.36.199 | 27.12 Mb
Create 3D box shots, DVD Cases, Member Cards, CD and book covers in a single program! The TBS Cover Editor is a unique tool that will help you create any virtual cover image for your product presentation. Adding a photorealistic cover image to your website, banner, article, or print ad will attract more attention to your product and will bring more customers and sales to your business. With the TBS Cover Editor you can create your 3D box shot, DVD, CD or book cover design in a single flat worksheet. Say goodbye to separate designs for each side; no more design slices in many image files. The single-sheet concept of the TBS Cover Editor allows you editing of all box or cover sides on a single screen. The real time 3D preview immediately shows how your 3D cover output image looks like without switching between different windows or applications.
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limma: Linear Models for Microarray Data. A survey is given of differential expression analyses using the linear modeling features of the limma package. The chapter starts with the simplest replicated designs and progresses through experiments with two or more groups, direct designs, factorial designs and time course experiments. Experiments with technical as well as biological replication are considered. Empirical Bayes test statistics are explained. The use of quality weights, adaptive background correction and control spots in conjunction with linear modelling is illustrated on the β7 data.
Keywords for this software
References in zbMATH (referenced in 12 articles )
Showing results 1 to 12 of 12.
- Ruddy, Sean; Johnson, Marla; Purdom, Elizabeth: Shrinkage of dispersion parameters in the binomial family, with application to differential exon skipping (2016)
- Lithio, Andrew; Nettleton, Dan: Hierarchical modeling and differential expression analysis for RNA-seq experiments with inbred and hybrid genotypes (2015)
- Blocker, Alexander W.; Meng, Xiao-Li: The potential and perils of preprocessing: building new foundations (2013)
- Larese, Mónica G.; Granitto, Pablo M.; Gómez, Juan C.: Spot defects detection in cDNA microarray images (2013)
- Drăghici, Sorin: Statistics and data analysis for microarrays using R and Bioconductor. With CD-ROM. (2012)
- Klawonn, Frank: Significance tests to identify regulated proteins based on a large number of small samples (2012)
- Rossell, David: Gaga: a parsimonious and flexible model for differential expression analysis (2009)
- Xu, Ping; Brock, Guy N.; Parrish, Rudolph S.: Modified linear discriminant analysis approaches for classification of high-dimensional microarray data (2009)
- Tresch, Achim; Markowetz, Florian: Structure learning in nested effects models (2008)
- Angelini, Claudia; De Canditiis, Daniela; Mutarelli, Margherita; Pensky, Marianna: A Bayesian approach to estimation and testing in time-course microarray experiments (2007)
- Sánchez, Alex; Salicrú, Miquel; Ocaña, Jordi: Statistical methods for the analysis of high-throughput data based on functional profiles derived from the Gene Ontology (2007)
- Turner, Heather; Bailey, Trevor; Krzanowski, Wojtek: Improved biclustering of microarray data demonstrated through systematic performance tests (2005)


text:
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text:
Description from the manager
Description from the manager
Bedrooms: 5/
Bathrooms: 5/
Sleeps: 13/
Type: House
Book this 5 bedroom, 5 bathroom house in La Jolla today! A total of 13 people can sleep here comfortably.
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No travelers have shared a review of this property yet.
The owner last updated the property's calendar today.
About the manager
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decided: April 7, 1972.
SHOMO, ET UX.v.DERRY BOROUGH
Appeal from the Order of the Court of Common Pleas of Westmoreland County in case of Edward E. Shomo and Nancy L. Shomo, his wife v. Derry Borough, a Municipal Corporation or Body Politic, No. 3784, in Equity.
John M. Campfield, with him Henry E. Shaw and Scales & Shaw, for appellant.
William C. Stillwagon, with him Leonard R. Reeves, for appellees.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Kramer. Concurring Opinion by President Judge Bowman. Judges Mencer and Rogers join in this concurring opinion.
[ 5 Pa. Commw. Page 218]
This is an appeal from an Order of the Court of Common Pleas of Westmoreland County declaring as unconstitutional certain provisions of Derry Borough Ordinance No. 381 insofar as they are applicable to mobile homes.
The record indicates that the realty located at 215 Chestnut Street, Derry Borough, was owned by appellees' family since 1934. In 1965, Edward E. and Nancy L. Shomo (husband and wife) purchased the above-mentioned realty. Prior to the date of the deed of conveyance, the family home located thereon was destroyed by fire. Following the said conveyance, appellees cleared the land of the destroyed premises. The Ordinance (No. 381) in question was passed by Council on October 7, 1968. Some eight months prior to the passage of this Ordinance, appellees permitted the placement and use by a tenant of a mobile home upon the land. The mobile home remained in use upon the land until some time in the latter half of the month of April 1970. At that point the mobile home was removed from the land, leaving the land unoccupied for a week or so. On April 28, 1970, another mobile home was brought onto the land and was occupied by a tenant of the appellees. On May 15, 1970, appellees filed with the Borough Secretary an application for a written permit
[ 5 Pa. Commw. Page 219]
allowing the occupancy of a mobile home placed upon land within the Borough limits. The application filed by the appellees was rejected by the Borough Council on May 19, 1970, for the reason that the mobile home located upon appellees' property failed to satisfy the area requirement of Ordinance No. 381.
On June 16, 1970, the appellees filed a Complaint in Equity to enjoin the enforcement of Ordinance No. 381 on the grounds that it was an arbitrary, and therefore unconstitutional exercise by Derry Borough of its police powers. Appellees further asserted that the Ordinance was discriminatory in that it prevented them from using their property as they saw fit. The lower court found that the Ordinance "by its application, although indirectly, prohibits by legislation the legitimate use of mobile homes in Derry Borough." The court further found that this prohibition by ordinance of a property owner's free use of his property cannot be sustained under the police power. Appellant filed exceptions before the lower court on March 24, 1971, and on the 14th of September, 1971, they were dismissed by the Court en banc. Appellant appealed thereafter to this Court, arguing that the Ordinance was a valid exercise of its police powers as granted by The Borough Code, Act of February 1, 1966, P.L. 1656, 53 P.S. § 45101, et seq., and that the appellees had failed to meet the burden of proving the unconstitutionality of Ordinance No. 381.
Although the Borough contends that Ordinance No. 381 was passed for the purpose of "establishing certain size standards for single family dwellings," the court below properly found that the real purpose was to regulate and control the use of house trailers and mobile homes. The record discloses that the largest house trailer or mobile home rig permitted upon the public roads of the Commonwealth is 12 feet wide by 75 feet
[ 5 Pa. Commw. Page 220]
long. However, an allowance for the trailer hitch in the amount of 36 square feet must be made in the total computation. Therefore, the largest mobile home which could be transported to the Shomos' lot, or to any lot in Derry Borough, could not exceed 864 square feet. This is less than the minimum requirements of Ordinance No. 381, as is discussed below. Section 1 of the Ordinance establishes definitions for the terms "mobile home," "house trailer," and "person." Section 2 establishes that if a mobile home or house trailer is used for living or sleeping purposes for a period exceeding thirty days in any one year, it shall be considered as a single family dwelling for all purposes of the Ordinance. Section 3 of the Ordinance sets forth minimum floor areas for one, one and a half, and two-story dwellings and specifically provides that a dwelling with "one floor without basement" contain a minimum floor area of 900 square feet. Section 4 of the Ordinance sets forth specific room size requirements, e.g., "(f) Bedroom 140 square feet." Section 4 does not state whether or not these room sizes are minimum or maximum requirements. However, the lower court determined these provisions to be minimum requirements. Section 5 provides that no such dwelling be placed or constructed upon any lot having an area of less than five thousand square feet. Sections 6, 7 and 8 provide for permits. Sections 9 and 10 declare violations of this Ordinance to constitute public nuisances per se and provide for enforcement and penalties. Section 11 contains the standard severability clause in the event that some invalidity is found to be present in the Ordinance.
The Borough contends that it had the power to pass this Ordinance under Section 1202(24) of The Borough Code, 53 P.S. 46202, as amended, Section 1202(24) empowers boroughs to enact building, housing and plumbing code regulations. The appellate courts of this Commonwealth
[ 5 Pa. Commw. Page 221]
have held in at least two instances that municipal governments may provide by ordinance, e.g., building codes, for minimum floor areas in dwellings and buildings. See Commonwealth v. McLaughlin, 168 Pa. Superior Ct. 442, 78 A.2d 880 (1951); Lower Merion Township v. Gallup, 158 Pa. Superior Ct. 572, 46 A.2d 35 (1946). Inasmuch as Ordinance No. 381 was designed to act as a zoning-type regulation in furtherance of the Borough's right to regulate the construction of buildings and dwellings, we must first determine whether the lower court had jurisdiction sitting as a court of equity. For if there existed an adequate remedy at law, the court was without equitable jurisdiction. The question of jurisdiction is one which may be raised at any point in the proceedings, before both the trial and the appellate courts. In the event that neither party raises the question, the court on its own motion may raise and deal with the issue. See Balazick v. Dunkard-Bobtown Municipal Authority, 414 Pa. 182, 185, 199 A.2d 430, 432 (1964). The Borough Code, supra, 53 P.S. § 46010, provides for the filing of a complaint to test the legality of any ordinance. However, the statute does not provide an "adequate" remedy at law for the plaintiffs in this case. See Harris-Walsh, Inc. v. Dickson City Borough, 420 Pa. 259, 216 A.2d 329 (1966). The Ordinance contains no provision for appellate procedures, and anyone desirous of contesting its validity could have judicial review only after suffering a conviction thereof. We therefore hold that no adequate remedy at law existed; consequently the lower court was within legal bounds to sit as it did, as an equity court, and to grant the relief sought.
It is axiomatic that a borough has the power, under its police powers, to enact ordinances regulating the construction of dwellings within the confines of its municipal boundaries. Anyone attempting to contest the
[ 5 Pa. Commw. Page 222]
constitutionality of such legislation carries a heavy burden in proving the unconstitutionality of the ordinance in toto or of particular provisions thereof. In the case of Bilbar Construction Company v. Easttown Township Board of Adjustment, 393 Pa. 62, 70, 141 A.2d 851, 855 (1958), our Supreme Court said:
"The rule is well established that the burden of proving clearly and unmistakably the unconstitutionality of a legislative enactment is upon the person so asserting. In Gottschall v. Campbell, 234 Pa. 347, 363, 83 A. 286, it was said, -- 'That one who asks to have a law declared unconstitutional takes upon himself the burden of proving beyond all doubt that it is so, has been so often declared that the principle has become axiomatic.' A legislative enactment can be declared void only when it violates the fundamental law clearly, palpably, plainly and in such manner as to leave no doubt or hesitation in the minds of the court. Sharpless v. Mayor of Philadelphia, 21 Pa. 147, 164. In Erie & North-East Railroad Company v. Casey, 26 Pa. 287, 300-301, it was recognized that 'The right of the judiciary to declare a statute void, and to arrest its execution, is one which, in the opinion of all courts, is coupled with responsibilities so grave that it is never to be exercised except in very clear cases; one department of the government is bound to presume that another has acted rightly. The party who wishes us to pronounce a law unconstitutional, takes upon himself the burden of proving, beyond all doubt, that it is so.' Hadley's Case, 336 Pa. 100, 104, 6 A.2d 874, succinctly states as the practical effect of the rule, 'All presumptions are in favor of the constitutionality of acts and courts are not to be astute in finding or sustaining objections to them. . . .'
"The heavy burden resting upon the person asserting unconstitutionality of legislation is one of the most firmly established principles of our law: [Citing cases]."
[ 5 Pa. Commw. Page 223]
In concert with this well-settled principle of law, we commence our review of this case, mindful of the presumption that Ordinance No. 381, coming as it does within the police powers of the Borough, is in furtherance of the public health, welfare, safety or morals of the community. We apply this presumption, however, not in vacuo.
Most of the cases cited by the Shomos in support of their contention that Ordinance No. 381 is unconstitutional are those involving contested zoning ordinances. The finding of the lower court that the purpose of this Ordinance was the control of land use, is indeed supported by the record. We believe that it is appropriate to utilize the zoning case law in arriving at a determination of the constitutionality of this Ordinance. We begin with the proposition that a man may use his property as he sees fit, subject to restriction (1) if he violates any provision of the state or federal constitutions, or (2) if he uses his property so as to create a nuisance, or (3) if he violates any restrictive covenant, or (4) if he violates any valid laws, including zoning ordinances. See Lord Appeal, 368 Pa. 121, 81 A.2d 533 (1951). There can be little doubt that in this State, land use may be restricted for purposes of regulating density. See Bilbar, supra, and Volpe Appeal, 384 Pa. 374, 121 A.2d 97 (1956).
This Commonwealth has seen the development of a trend in the law indicating that blanket municipality-wide prohibitions of land use for otherwise legitimate purposes will not be countenanced. Only when the municipality is able to prove that such use is detrimental to the public health, welfare, safety and morals of the community, will the ordinance be permitted. In such instances of total exclusion through legislative prohibition, the courts have seen fit to alter the earlier standards relating to burden of proof, as was set forth
[ 5 Pa. Commw. Page 224]
in Bilbar, supra. See Daikeler v. Zoning Board of Adjustment, 1 Pa. Commonwealth Ct. 445, 275 A.2d 696 (1971), Beaver Gasoline Company v. Zoning Board of the Borough of Osborne, 1 Pa. Commonwealth Ct. 458, 275 A.2d 702 (1971). Mobile homes are not nuisances per se: see Anstine v. Zoning Board of Adjustment, 411 Pa. 33, 190 A.2d 712 (1963). In National Land and Investment Company v. Kohn, 419 Pa. 504, 532, 215 A.2d 597, 612 (1965), the Court held that a restrictive four-acre lot size requirement was an ordinance ". . . whose primary purpose is to prevent the entrance of newcomers in order to avoid future burdens, economic and otherwise, upon the administration of public services and facilities. . . ." and could not be held valid. In Exton Quarries, Inc. v. Zoning Board of Adjustment, 425 Pa. 43, 228 A.2d 169 (1967), the Court struck down an ordinance prohibiting quarrying activities anywhere within the municipality. In Ammon R. Smith Auto Company Appeal, 423 Pa. 493, 223 A.2d 683 (1966), the Court did not permit a municipality-wide ban on the maintenance of flashing signs. In Norate Corporation, Inc. v. Zoning Board of Adjustment, 417 Pa. 397, 207 A.2d 890 (1965), the Court struck down an ordinance prohibiting all off-site advertising anywhere in the municipality. In Girsh Appeal, 437 Pa. 237, 245-46, 263 A.2d 395, 399 (1970), the Court ruled that where an ordinance indicated an intention to "zone out" people through a blanket municipality-wide prohibition against the construction of apartments, such ordinance must be held to be unconstitutional. The Court there said: "This case deals with the right of people to live on land, a very different problem than whether appellee must allow certain industrial uses within its borders." (Emphasis added.) Lastly, we note that this Court in the case of Daikeler v. Zoning Board of Adjustment, supra, stated, at 454: "Where there is a total exclusion,
[ 5 Pa. Commw. Page 225]
(1970), we held that the constitutionality of a zoning ordinance which totally prohibits legitimate uses or fails to provide for such uses anywhere within the municipality should be regarded with particular circumspection. In light of these views, we must decide what is required of one who seeks to invalidate a zoning ordinance on the grounds of unconstitutionality
in overcoming the presumption of validity." 445 Pa. at 574-575, 285 A.2d at 503-4. Later, the Court said: "In situations involving the total prohibition of otherwise legitimate land uses, which, by common experience, appear to be as innocuous as the land use here contested [gasoline station], the applicant has met his burden of overcoming the presumption of constitutionality by showing the total ban. Thereafter, if the municipality is to sustain the validity of the ban, it must present evidence to establish the public purpose served by the regulation. It is not inconceivable, of course, that the municipality establish the validity of a total ban, but it is its responsibility to do so. In the instant case, the municipality offered no evidence to establish the validity of the regulation and has, consequently, failed to show that the regulation bears a relationship to the public health, safety, morals and general welfare." 445 Pa. at 577, 285 A.2d at 504-5.
In this case the lower court correctly found that the intent and purpose of Ordinance No. 381 was to exclude mobile homes from the municipality. Proof of the intent and purpose is found in a disclosure made in the record that the Borough, subsequent to the passage of Ordinance No. 381, permitted the construction and occupancy of wooden and masonry structures and dwellings not meeting the area requirements of the Ordinance. The record discloses that the Borough did not present evidence to establish the public purpose served by the enactment of the Ordinance, and failed to show that the
[ 5 Pa. Commw. Page 227]
Ordinance bears a substantial relationship to the public health, safety, morals and general welfare of the community.
We therefore affirm the Opinion and Order of the court below.
Concurring Opinion by President Judge Bowman:
To broadly state, as does the majority, that the doctrine of Beaver Gasoline Company v. Osborne Borough, et al., 445 Pa. 571, 285 A.2d 501 (1971), sets forth the law on the subject of the constitutionality of regulatory ordinances and the respective burdens of proof inaccurately states the holding in that case and, at least by dicta, extends it to all regulatory ordinances enacted under the police power.
Beaver was pronounced within the context of a constitutional attack upon a zoning ordinance which totally excluded a legitimate business use from an entire municipality. In such cases the Supreme Court declared the presumption of constitutionality is overcome by showing of a total ban and the responsibility then falls upon the governmental body to present evidence to establish the public purpose served by the regulation.
The examples are legion in building codes, housing codes, zoning codes and a host of other statutes and ordinances enacted under the police power containing total prohibitions or bans. To require a governmental body to come forward with evidence to establish the public purpose being served in all such cases simply because they are subjected to a constitutional attack, as the majority surprisingly declares, wholly lacks support in the reasons assigned by the Supreme Court in grafting an exception to the presumption of constitutionality in zoning cases totally banning an otherwise legitimate business use.
[ 5 Pa. Commw. Page 228]
In the instant case the lower court found on a record amply supporting its conclusion that the intent and purpose of the ordinance in question was to prohibit the use of mobile homes for residential purposes, a reason sufficient in itself for striking down the offending ordinance. I therefore concur in the result.
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(Blogger's Note: Every Friday an excerpt from the soon to be published book Faux Pas is French for Restaurant appears on this blog.)
The second night at Allen´s went better than the first. The neighborhood was in need of pseudo society café and Allen´s, by its second night had all the makings of a hang-out for the 69th Street high-rise dwellers.
The menus eventually showed up. By the third night, when the sandwich board sign hit the sidewalk on Second Ave. things were rockin. We had a dishwasher and enough dishes going into the kitchen to keep him busy. Eric joined the staff on Thursday afternoon and helped me set up the dining room. By then I had seniority and my confidence level as a new, New York waiter was over taking my common sense. I appointed myself the shift supervisor and took control of the room. Eric never asked anyone what was going on. He was four days late for his first shift and really had no idea that I had no idea. The management seemed pleased enough with my assertive moxie and let me take on more responsibility. Soon, I was seating people and also waiting on tables.
Capra, the "rope man", along with Kelly, the General Manager, diligently discussing the flow and quality of the food while sitting at the bar mingling with the customers. Dissecting the problem of not having a professional chef was the main topic of discussion and concern while the waiters, both of us, handled the front line serving Cobb´s culinary pieces complete with orange twist and chicory garnish.
By Friday night we were turning the table at least once, and seemed busy enough for another waiter, a prep cook and busser. None of those were expeditiously going to happen. At the end of each shift, which seemed to linger longer than needed, Kelly and Capra would nurse the kitchen analysis with Cobb into the later hours of dining accompanied by a few nightcaps.
When not at Allen´s I spent time promoting and marketing the new restaurant while sitting at corner stool at JG Melon. Only a few blocks away at 74th and Third Avenue, the saloon´s owners, Jack O´Neal and George Morgess worked with Cobb at his original restaurant, when Allen´s was just down the block at 73rd and they were familiar with his style, antics, and knowledge of the business. Hell, he taught it to them. Recognizing my naivety they also took me under their wings. They offered a different style of guidance. They made sure I knew to save as much money as I could and get out of the business as fast as possible.
And, once I had the nod from Jack and George, Melon´s bartenders became immediate friends and guides on what was going on in the neighborhood. Hal Sherman, PJ Rocco, Billy Connelly, Bob Torres, and Jimmy Mannix all offered direction on life, bar life. And, I needed that direction. But they didn´t just offer direction. They shared their income by introduced me to their customers always sure to point out that I was a new waiter at the new Allen´s. And, when introduced, I would buy a round. And then the customer would buy a round. And then the bartender would buy a drink or two. And the great American money swap began.
I finished my first week of work nearly replacing all of the money I had lost playing Three Card Monte, just six days earlier. On Saturday night I went home after my shift and made a plan to get up early on Sunday, go down to Melon´s at 11:30, secure the best seat in the house and begin marketing to the crowd who surely would be there to watch the football game. In a short period of time, I had become the restaurant´s self-appointed marketing department. An Ambassador of good will, telling stories, buying drinks, and inviting people to stop by for a great evening. Little did I know that I was getting my first taste of the business, and my addiciton to it was beginning to take hold.


text:
Intracapsular Fractures of the Neck of the Femur. Treatment by Internal Fixation.
SMITH-PETERSEN, M.N.; et al.
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Description: Profusely illustrated. 45 pages (pp. 715-759) IN: Archives of Surgery, vol. 23, no. 5. Tall 8vo, modern wrappers. Chicago, 1931. First Edition. Whole issue offered entire.
Comments: Smith-Petersen nail. With E.F. Cave and G.W. Van Gorder. GM 443.Binding: paperback
Language: English
Type: Books
Book ID: 12939