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West Elm
Consumer Reviews and Complaints
It was a great experience and everyone was great. I'd definitely go back again. I love shopping at West Elm! Every time I go I find something new.
The customer service here was great. They have really friendly as well as knowledgeable staff in this place. Very kind staff and they are also very helpful. The delivery options were great here at this place. Always on time. They are very professional. A lot of brands and shades. Never disappointing when you come here because they have so many items to choose from. Great elements and themes. Over the top quality. Excellent in all aspects. The type of quality you would be willing to pay high prices for. I love this place and the quality of the items.
Our customer service experience with Ashley Furniture was good. They were very professional and kind. They cared for our concerns and took very good care of us. We didn't need delivery but they told us of all available options and they were very detailed in their explanation. The variety at the furniture store we visited was minimal at best. The store was huge however the variety wasn't what we expected at all. We were told the product was top of the line and that it would be sturdy and well usable without problems. The sofa and chair are both broken after less than 2 years.
They were friendly at the store and helpful to find what I needed. The wrong sized pillow case was in the package that I bought. I called the store when I realized it and they were able to locate the correct size in stock for me, even though the item was on final sale and they had very limited supply. I did not order anything via delivery. Store has a good variety. Wish more of their items were on sale at the same time though. Good quality. Washes well. No problems so far.
They offer timely help and great service. Always ready to help when needed. They also inspire us in buying new designs. They inform us about new offers and upcoming designs and offers. Delivery options are many to choose from free home delivery to store pick up. They ship domestically and internationally. They offer express and standard shipping services as well. They have up to date designs. They have many options to choose from and designs to offers. They have degree of excellence in quality. The standard of maintaining the quality to up to the mark. Distinctive attribute in maintaining the quality of the store and the designs.
How do I know I can trust these reviews about West Elm?
- 634,774 reviews on ConsumerAffairs are verified.
- We require contact information to ensure our reviewers are real.
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Knowledgeable, friendly, great service all around. Not pushy sales people or keeping on your toes to sell you something. Comfy furniture and clean showrooms. On time, fast, reliable and knowledgeable of equipment and furniture - the placement of furniture they make sure you are satisfied before leaving you. Great variety of furniture and quality is outstanding and strong and tough... get thru my 3 year jumping on the furniture even when asked not to take a licking and keeps standing. Strong reliability, nice colors and fabrics, comfy all around, the best furniture I have owned out of others. Yes I would recommend it.
Customer service was pretty standard to the norm. Nothing too fancy. Were somewhat attentive to our needs as a whole in general. Was a reasonably good experience overall. Delivery options were pretty acceptable. They were flexible in setting up a time that would better suit their customer than rather arranging events to better suit themselves. They had many varieties of home furnishings to choose from that were colorful and had a modern appeal to them. Most items were designed with high quality appeal them. The quality of their home furnishings was pretty good overall. They carried many top name brand items to choose from.
They are awesome. They gave me options and I picked what the best option for me was. Great and helpful employees. They are wonderful! I would recommend them just based off of service! They have wonderful variety - many different options to choose from and all great pieces. I was actually very impressed with the variety of products available! The quality of their products superseded my expectations. I was actually pleasantly surprised by how well built and quality these products are!
Very attentive and informative. We had questions about a certain item, as well as shipping and a promotion that was going on, and the person we were working with was very knowledgeable, friendly, and attentive. Made us feel welcome and like we weren't being a bother. Had shipping available and we discussed with the associate we were working with and the pricing of delivery, if we could get it free, and what steps we needed to take. The store had a lot of variety, with different styles of furniture and pricing. We were able to find a few items that for our styles within a price range that fit our budget. Good quality with good variety. Haven't had any issues with our purchase and it holds up well to pets. We bought some nice items that look expensively made, but we're bought at a reasonable price.
Easy customer service. Everything was so great and easy. If I had any questions for any associate they always had the answers and I was never left waiting.
I was able to get all questions answered quickly and efficiently. I love my purchase, and I can thank the sales associate for her recommendation. I could choose to have home delivery or pick up from the store. I picked up at the store, because it was easier for me at the time. Very easy to do. Great variety of items. There was so much selection of gorgeous, trendy pieces. I loved the variety! I searched several different stores before I found the perfect piece at West Elm. The furniture I bought is the highest quality, and is holding up so nicely. I absolutely love how well made the item is and how gorgeous it looks in my home.
I ordered a very expensive table and it was shipped to a different address. They shipped me a new one the very next day. With expedited shipping at that. Their delivery options are the best of the best. They have standard shipping which is usually free after a certain amount is spent. With expedited shipping, you get your items the very next day. They have so many items to choose from. It's very hard to shop there because I can never make my mind up what I want. But it's so fun! I will continue to shop there. The quality of the product you order is top of the line. The price does reflect that but the product is something that you will use for years.
Expert Review
ConsumerAffairs Research Team
The ConsumerAffairs Research Team believes everyone deserves to make smart decisions. We aim to provide readers with the most up-to-date information available about today's consumer products and services.
West Elm is a branch of Williams-Sonoma, Inc., that was founded in 2002. Ninety percent of their products are designed in-house from organic and sustainably sourced materials.
- Fair Trade Certified™: All of West Elm's products are Fair Trade Certified™. Fair Trade is a movement that creates sustainable opportunities for workers through trade agreements. A percentage of product cost at West Elm is paid directly to a worker's fund.
- West Elm LOCAL: The West Elm LOCAL program finds local workers and features their products in West Elm stores. This program builds local economy and grows small business.
- Design services: West Elm offers services like room planners, inspiration articles and consultations with stylists and designers. Costs for consultations can vary.
- West Elm blog: West Elm's blog contains posts about company news, design trends, lifestyles and consumer profiles. The blog also contains links to guest features from publications like Architecture Digest and The Atlantic.
- Brand extensions: West Elm's various branches include West Elm Workspace, West Elm Hotels and West Elm To the Trade. These groups focus on workspace products, hospitality products and trade deals for brands respectively.
- Best for West Elm is best for businesses and consumers who want to support local workers and Fair Trade with their purchases.
Compare Lighting Stores
West Elm Company Profile
- Company Name:
- West Elm
- Website:
- http://www.westelm.com/


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Endless Complications, Endless JoySaturday, February 06, 2016
Life is complicated because humans are complicated. Relationships — at any level, from business to romantic — require working through the complications.
If you cut out everyone who complicates your life, you will have no one in your life.
And let's not fool ourselves: each of us is complicating someone else's life as well. An endless amount of joy can be found in the gratitude for the people who lovingly put up with us, flaws and all.
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Potential Plant Protection Strategies
Potential Plant Protection Strategies
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Preface Plant protection has become one of the important inputs in crop production. In the context of the changing cropping pattern and the environment degradation, strategies are needed to minimize use of organic inputs hence, eco-friendly means and options are presently required and have special significance. During the past few decades, the science of plant protection has developed rapidly resulting in many diverse techniques to manage a variety of pests, pathogens and nematodes. The prospects of use of pesticides do not appear good because of accidental and incidental trauma encountered in the field of chemical pesticides. Therefore, vigorous research efforts for the control of various pests become imperative. A number of methods like cultural, biological and physical means of them are modification of the agro-practices being followed by the farmers since ages, were also developed either for economic or environmental reasons, but very soon thought and realized that none of these techniques individually could serve as a panacea against target pests and pathogens including nematodes. After invoking them resulting in resurgence of the target species or suppression of useful enemies. Therefore, the approach should be multifaceted to combat the disease complex. The book Potential Plant Protection Strategies is an attempt to analysis the problems and purpose, suitable measures for the effective management of the insect pests, plant diseases and plant parasitic nematodes. Therefore, an effort was made to compile possible data base information in this book which contains 39 exhaustive and thought provoking chapters written by specialists in their field of plant protection. There are 15 chapters on Entomological problems as a whole covering chemo sterility, Transgenic technology, Insect pests of Mung and Urdbean, IPM, modified atmosphere for control of insects in storage. Eco-friendly management of potato pests, use of biotechnological tools in pest management and tissue culture and transgenic crops in pest management. There are 18 chapters deals with Plant Diseases like Wilt of chick pea, Citrus canker, Bacterial diseases of fruit crops. Biocontrol of chick pea with and soil pathogens, Antifungal activity of essential oils, Management of rice diseases through induced resistance crop loss by viral diseases, Viral diseases of orchids, Trichoderma spp. for disease management, Pathotype, Management of red rot in sugarcane, Biocontrol agents and Mechanisms of action. There are 4 articles on Nematology that highlights eco-froendly management of nematode in vegetables, Nematophagous fungi of plant parasitic nematodes, Biocontrol agents and Bacterial antagonists of plant parasitic nematodes. There are few chapters of common interest such as paradigm shift in Lac application, Seed production in sugar cane, Genetic engineering approaches for detoxification and decontamination of pesticides and Attraction behaviour of Discolaimus major to prey nematodes.
viii Preface Besides these, 3 chapters on Importance of weeds, Integrated weed management and Role of composting in organic farming. The book Potential Plant Protection Strategies not provides references but also serve as guide and inspiration for future research into the realm of biological, chemical, physical and quarantine aspects and onslaughts of modern agriculture on it. The scientist, teachers, students, scholars, administrators and policy makers dealing with pest and disease management strategies in particular and plant protection in general expected to be, this book very useful and informative. I am grateful to all the contributors and their valuable articles and kind cooperation, I am also thankful to I.K. International Publishing House Pvt. Ltd., New Delhi for the technical guidance and help in bringing on this book.
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Benler Hotel Istanbul: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Istanbul, Turkey.
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The hotel provides comfortable accommodation and is an ideal base for holiday makers or business travellers alike. Airport transfers and a dry cleaning service are available upon request.
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The stock of Williams Partners LP (NYSE:WPZ) is a huge mover today! The stock decreased 1.77% or $0.67 during the last trading session, hitting $37.19. About 2.44M shares traded hands or 70.63% up from the average. Williams Partners LP (NYSE:WPZ) has risen 88.59% since February 29, 2016 and is uptrending. It has outperformed by 78.17% the S&P500.
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According to Zacks Investment Research, "Williams Partners L.P. is a master limited partnership. The company is engaged in gathering, processing, transportation and storage of natural gas and natural gas liquids. It operates primarily in U.S. and Canada. Williams Partners L.P., formerly known as Access Midstream Partners, L.P., is headquartered in Oklahoma City."
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WPZ Company Profile
Williams Partners L.P., formerly Access Midstream Partners, L.P, incorporated on January 21, 2010, is an energy infrastructure master limited partnership with activities across the natural gas value chain from gathering, processing and interstate transportation of natural gas and natural gas liquids to petchem production of ethylene, propylene and other olefins. The Company's operating divisions include Central, Northeast G&P, Atlantic-Gulf, West, and NGL & Petchem Services. The Firm is focused on connecting North America's hydrocarbon resource plays to growing markets for natural gas, natural gas liquids (NGLs) and olefins through its gas pipeline and midstream businesses. The Company's activities are located principally in the United States, but span from the deepwater Gulf of Mexico to the Canadian oil sands.
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Matchup: Los Angeles Angels vs. Boston Red Sox
Date/Time: June 9th, 1:35 PM ET
Television: TBS
MLB Betting Odds from TopBet
Probable Starters: Blanton (Los Angeles) vs. Dempster (Boston)
Moneyline: Red Sox -165
Total: 10.5
The Los Angeles Angels and the Boston Red Sox have been battling against Mother Nature quite a bit over the course of this series, but they should get in Sunday afternoon's clash at Fenway Park in MLB betting action.
The Halos have been hitting the heck out of the baseball over the course of the last several games, and they had a good doubleheader on Saturday as well. They're going to need all of the offense they can get on Sunday with RHP Joe Blanton scheduled to pitch. Blanton has been the worst money pitcher in the American League for most of the year, and that remains the case for a man who has led his team to just a 2-10 record in his 12 starts. Blanton is personally only 1-9 this year, and he has already allowed a stunning 103 hits in those 12 games. Blanton has a 5.53 ERA and a 1.62 WHIP, but he has at least been pitching better ball over the course of the last few weeks. The righty has allowed just a total of seven runs in his last three starts, which has spanned 21.1 innings of work. He has struck out 17 batters in that stretch and hasn't walked a batter in there either. Of course, he has faced three of the worst lineups in baseball in those starts, but successful outings are successful outings, and however Blanton can get them, he'll take them.
The Sox are still in the midst of the fight in the AL East, and this is the type of game that they feel like they should win. Of course, they have all sorts of problems with their starting rotation at the moment, and after playing a long doubleheader on Saturday, there is going to be a lot of pressure on RHP Ryan Dempster to go deep into this one. Dempster though, is only 3-6 this year, and he has been awfully suspect to say the least. He's striking out batters, which is great, but he is just getting hit too hard for his own good. He has gotten rather lucky from the standpoint that batters are only hitting .228 against him, but the fact that he still has a 4.39 ERA is certainly suspect to say the least. Dempster has already walked 33 batters this year, including at least three in three of his last four starts, and that isn't going to get the job done.
It's a joke that the Red Sox are such big favorites in this game. This is a lousy pitching matchup between two guys that are probably over the hill and should be on the verge of retirement. That said, we still think that, in spite of all of their flaws, the Halos still have the better of these two lineups, and that might make the difference on Sunday.
Los Angeles Angels @ Boston Red Sox Pick: Los Angeles Angels +155


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Alipay, China's biggest third-party online payment platform, has been recently making several deals to expand its reach into new markets outside China. Thanks to the latest arrangement, The Body Shop will start accepting payments made through Alipay's mobile wallet in 3 of its brick and mortar stores in London. The Alipay-equipped POS launched on October 1st, in conjunction with the...
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Klasse14,the famous watch brand created in August 2014 in Hong Kong, has recently revamped its international online store thanks to TLG's eCommerce solution. Klasse14's website, which has become an overnight sensation in the the Asian market, is a showcase of some of the best ecommerce functionalities offered by TLG's proprietary software, LogiCommerce An eCommerce to drive sales Thanks to LogiCommerce capabilities and...
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We all are aware of the eCommerce giants globally, Amazon, Alibaba (Tmall, JD, Taobao) in China, Hong Kong and Asia. Most businesses use these channels to increase sales and boost their brand's presence. However, the draw backs are: No control over customer data or data analytics Inability to upsell and gain proper margin with different...
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With Oculus, Samsung, Sony, Google and Xiaomi all competing for positions in the market, VR is rapidly growing. Researchers predicted that there will be 2 million—non-Google Cardboard—virtual reality headsets in consumers' hands by the end of this year and 36.9 million by the end of 2020. It is estimated that the VR industry will be...
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Wechat just reached a milestone of over 800 million monthly active users in Q2, up from 762 million in Q1. The data was disclosed by Tencent, the tech giant which owns Wechat, and reported by various Chinese news outlets. Along with the monthly users, Tencent grew in advertising sales revenue, reaching 6.5 billion yuan, a massive 60%...
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TLG commerce is proud to announce the development of integrated WeChat stores: our online shops in China are now able to accept WeChat Payment when opened through WeChat's internal browser (QQ browser). Due to WeChat's fast growth both in terms of users as well as a payment platform, brands and merchants are trying to leverage the...
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China Cross-Border eCommerce has been growing steadily in the last few years, and it's showing no sign of stopping. According to estimations, cross-border eCommerce transactions reached over 250 billion renminbi (USD 40 billion) in 2015. According to a report published by Paypal, 81% of Chinese consumer shoppers purchased products online, of which 35% also engaged in...
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TLG eCommerce Agency is proud to announce one of the most awaited development in China eCommerce: the WeChat Payment integration for online stores. WeChat Payment has been steadily expanding in China, and it has from a platform for transferring small amount of money between friends and relatives to a fully-fledged platform where all kind of transactions take...
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Wild at Heart (TV Series)
Watch Wild at Heart episodes online for free here at Telepisodes via the links provided in each episode page. Wild at Heart is a British show about Danny Trevanion (Stephen Tompkinson), a Bristol-based veterinarian and his family as they relocate to South Africa to set up a game park. Danny's wife Sarah (Amanda Holden) and her two children Evan (Luke Ward-Wilkinson) and Olivia (Rafaella Hutchinson) joined Danny's child Rosie (Lucy Jo-Hudson) who met Anders Du Plessis (Deon Stewardson) who was already at the park before the Tevanion's bought it.
Share on Facebook Share on Google+ Twit on Twitter
Released Date: January 29, 2006 (US)
Genre: Drama
Network: ITV1 (IMDb, Official Website)
Latest episode: Wild at Heart Season 8 Episode 1


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Game Stop - Truxel Road - Sacramento, CA
in Used Video-Game Stores
A Game Stop in a large shopping center on Truxel Rd in Sacramento, CA.
posted by: saopaulo1
location: California
date approved: 2/2/2014
last visited: never
Game Stop - Marconi - Sacramento, CA
A Game Stop on Marconi in Sacramento, CA.
Game Stop - Roseville Galleria - Roseville, CA
A Game Stop at the Roseville Galleria Mall in Roseville, CA.
date approved: 1/30/2014
Game Stop - Lycoming Mall - Muncy, PA
Center Court!
posted by: fossilgirlerin
location: Pennsylvania
date approved: 1/15/2014
EB games, Galeries de Granby, Granby, Québec
Magasin située à l'intérieur des Galeries de Granby.
Located Inside Galeries de Granby, shopping center
posted by: MAMOUE
location: Quebec, Canada
date approved: 12/31/2013
last visited: 10/1/2016
Game Stop - Hayward, CA
A Game Stop on Hesperian in Hayward, CA.
date approved: 12/21/2013
Game Stop - Meadowood Mall - Reno, NV
Game Stop has a good assortment of pre-owned games and is located within Meadowood Mall in Reno, NV.
posted by: thebeav69
location: Nevada
date approved: 12/18/2013
Game Stop - Hollister, CA
A Game Stop in Hollister, CA.
date approved: 11/21/2013
EBGames - Kanata Centrum - Kanata, Ontario
Take care, driving through the parking lots at Centrum is a challenge.
posted by: elyob
location: Ontario, Canada
date approved: 11/2/2013
last visited: 2/7/2015
Game Stop - Southampton Rd - Benicia, CA
A Game Stop on Southampton Rd in Benicia, CA.
Gamestop - Novato, CA
A Gamestop in a shopping center in Novato, CA.
date approved: 10/22/2013
Delta Waters Rd Gamestop - Medford, OR
Located just off I5 in a shopping complex.
posted by: ChapterhouseInc
location: Oregon
date approved: 10/5/2013
last visited: 8/31/2014
Jedi Collectibles - Westerly, RI
Jedi Collectibles is located in the downtown area of Westerly, Rhode Island. They buy, sell, and trade video games and games systems, among other things.
posted by: Chasing Blue Sky
location: Rhode Island
date approved: 9/18/2013
last visited: 10/14/2016
GameStop - El Camino Real - Redwood City, CA
A Gamestop in a shopping center on El Camino Real in Redwood City, CA.
date approved: 8/18/2013
Game Stop -Linda Mar Shopping Center - Pacifica, CA
A Game Stop at the Linda Mar Shopping Center in Pacifica, CA
date approved: 7/28/2013
Game Stop - Union City, CA
A Game Stop in Union City, CA. This store is at Union Landing.
date approved: 7/26/2013
GameStop - Santa Barbara, CA
This GameStop is located at
803 Paseo Nuevo
Santa Barbara, CA 93101
posted by: Metro2
date approved: 6/23/2013
last visited: 4/22/2013
GameStop - San Luis Obispo, CA
This GameStop is at the back of the Promenade Center in San Luis Obispo.
posted by: linkys
date approved: 6/20/2013
Gamestop - Fair Oaks, CA
This GameStop is located at 8854 Madison Avenue in Fair Oaks.
date approved: 6/15/2013
GameStop - Garfield - Sacramento, CA
This GameStop is located at the corner of Garfield and Greenback.
date approved: 6/12/2013
Game Stop - Los Banos, CA
A Gamestop on Pacheco Blvd in Los Banos, CA.
Gamestop - Madison - Sacramento, CA
This Gamestop is located on Madison Avenue near the Auburn Blvd intersection.
date approved: 5/21/2013
EB Games, Fairview Pointe-Claire, QC, Canada
EB Games is located in Fairview Pointe-Claire, QC, Canada.
posted by: stonefly626
date approved: 5/14/2013
last visited: 9/7/2014
Vintage Stock - Edmond, OK
Edmond's only Vintage Stock, a great place to find Used Video Games, DVDs, Comic Books, Record Albums, CDs, and toys.
posted by: Max and 99
location: Oklahoma
date approved: 5/7/2013
Gamers Clique - San Jose, CA
Gamers Clique is a used video store.
date approved: 5/2/2013
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Sci fi/Fantasy image bySamantha Witlox
i drew this one a while ago. she might be bathing, she might be rejoining with the sea, she might be watching the moon, or she might be trying to drown herself.... i myself can't choose, so feel free to decide her situation.
Published More than a year ago
Category Fantasy
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Age: 21 (almost 22)
Pet: Zach my dog
Food: pizza, fish, pork, rice, and frys
Music: Toybox, Aqua, Avril Laigne, DDR
Hobbes: Drawing, Bead Art, Orgami and Clay art......un!
Comedy: DANE COOK!
Horoscope: Aries- symbol of fire
Chineze Zodiac Animal: Dog- symbol of Yang meaning fire
Native animal in Canada: Hawk (my dad looked it up on a birthday wed sight)
Native flower in Canada: Lily
Birth stone: Diamond
The truth is that I suffer from three big problems.
1. Depression
2. Anger
3. Reading and spelling problems
4. Talking to others
The things that I doing is DRAWING and ORIGAMI!
Likes: Animals, Paranormal stuff, Art, Dinosaur, My little Pony, Cartoon Network (Adventure Time, Steven Universe, The Amazing World of Gumball) Games (The Legend of Zelda, Pokemon
Update on Cat in real life:
He is gone (My 31 year older brother) and I'm happy that he is gone; but a new problem has come up. My Old man (dad) has told me that he never wanted me to be alive! Like calling me a big Mistake that can never be fixed! I really hate to say this; but my X friend Loser as I call her was right about my old man (dad) he dose not care for me or he never has.
Viewing 8 of 8 friends
Fun time!
Viewing 5 of 5 comments.


text:
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The Witches of Gambaga
The University of Tulsa Institute for Trauma, Adversity, and Injustice (TITAN) presents:
"The Witches of Gamgaga" by Amina Mama and Yaba Badoe
On Thursday, February 13th & Monday, February 17th at 7:00 p.m.
Tickets are $9.00 for General Admission & $7.00 for Students.
The Witches of Gambaga is the extraordinary story of a community of women condemned to live as witches in Northern Ghana, in Western Africa. Painful experience and insight come together to create an intimate potrait of the lives of women ostracized by their communities.
-A panel discussion will be held on February 13th following the film. A photo exhibit of women and children living in witch camps will be on display in the lobby. Ghanaian jewelry will be available for sale.
Advance tickets available at www.circlecinema.com or at the box office at 10 S. Lewis Avenue


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decided: October 24, 1980.
WILLIAM A. SCHMIDT, T/A A. J. SCHMIDT & COMPANY, PETITIONERv.COMMONWEALTH OF PENNSYLVANIA, RESPONDENT
Appeal from the Order of the Board of Finance and Revenue in case of In Re: William A. Schmidt, t/a A. J. Schmidt & Company, Docket No. RST-2652.
Joseph K. Pierce, Tive, Hetrick & Pierce, P.C., for petitioner.
Robert Patrick Coyne, Deputy Attorney General, for respondent.
President Judge Crumlish and Judges MacPhail and Williams, Jr., sitting as a panel of three. Opinion by Judge MacPhail.
[ 54 Pa. Commw. Page 360]
Petitioner, William A. Schmidt, t/a A. J. Schmidt and Company, has filed with this Court a petition for review of an order of the Board of Finance and Revenue (Board) refusing jurisdiction of an appeal from a reassessment of sales and use taxes based on the untimely filing of that appeal. We affirm the order of the Board.
Petitioner's business was audited for the time period beginning January 1, 1973 and ending August 31, 1976 and was assessed a total of $16,723.86 for sales and use taxes, including interest and penalties. This assessment was mailed to Petitioner on or about December 28, 1976. Petitioner thereafter petitioned for a reassessment pursuant to Section 232 of the Tax Reform Code of 1971 (Code), Act of March 4, 1971, P.L. 6, 72 P.S. § 7232. The Board of Review's reassessment decision and order, which abated the penalties imposed in the original assessment, was issued on March 21, 1978. The parties have stipulated that the Department of Revenue's (Department) records show that the decision and an undated transmittal letter were also mailed to the Petitioner on March 21, 1978. The Board of Review, in addition, sent a notice of reassessment to the Petitioner which was dated March 24, 1978. Petitioner
[ 54 Pa. Commw. Page 361]
filed a petition for review of the reassessment decision with the Board on May 23, 1978.
Section 234 of the Code, 72 P.S. § 7234 provides, in pertinent part: " Within sixty days after the date of mailing of notice by the department of the decision on any petition for reassessment filed with it, the person against whom such assessment was made may, by petition, request the Board of Finance and Revenue to review such decision." (Emphasis added.) Using March 21, 1978 as the date of mailing, the petition for review was filed one day late. Petitioner argues, however, that the Department had a duty to formally notify him of the date of mailing and, in default of such notice, that he was justified in considering March 24, 1978, the alleged date of mailing of the notice of reassessment,*fn1 as the start of his appeal period. The petition would, of course, have been timely filed using the later March 24 date.
The issue presented for our consideration is whether the language of Section 234 of the Code cited above, imposes a duty on the Department to notify potential petitioners of the date on which notice of a reassessment decision is mailed. We hold that it does not.
[ 54 Pa. Commw. Page 362]
This Court has previously decided that a petition for review under Section 234 is deemed filed only upon actual receipt by the Department. Department of Revenue v. Niemeyer Oldsmobile, Inc., 12 Pa. Commonwealth Ct. 388, 316 A.2d 152 (1974). We have also ruled, in Commonwealth v. J. & R. Equipment Rental Page 362} Co., 28 Pa. Commonwealth Ct. 558, 368 A.2d 1389 (1974), affirmed 477 Pa. 442, 384 A.2d 240, appeal dismissed 439 U.S. 804 (1978), that "Section 234 gives all taxpayers a sixty-day period in which to bring their appeals, and we do not find it unreasonable that the act of mailing of notice is used as a guidepost for determining the start of this period." Id. at 562, 368 A.2d at 1391. We note again that the parties have stipulated that Department records demonstrate that the decision involved in the instant case was mailed on March 21, 1978. Accordingly, the appeal period began to run on March 21 unless the Code imposes an affirmative duty on the Department to notify Petitioner of the date of mailing, the breach of which duty would require this Court to deem Petitioner's appeal timely filed.
We find that the language used in Section 234 of the Code*fn2 does not impose an affirmative duty to notify a petitioner of the mailing date of a reassessment decision. We also find no reason presented for reading such a requirement into the language of the statute.*fn3 Finally, in order to justify a waiver of a valid time limitation the petitioner must prove fraud or wrongful or negligent conduct of administrative authorities. Unemployment Compensation Board of Review v. Hart, 22 Pa. Commonwealth Ct. 225, 348 A.2d 497 (1975). Petitioner has offered no proof of administrative irregularity. In fact, the Department acted promptly in mailing the decision of reassessment to the Petitioner thus commencing without delay the sixty day appeal period.
Therefore, the appeal period in the instant case commenced with the act of mailing of the decision on
[ 54 Pa. Commw. Page 363]
March 21 and ended sixty days later on May 22.*fn4 Because the statutory appeal period is mandatory, Commonwealth v. Niemeyer Oldsmobile, Inc., supra and Petitioner filed his appeal after the end of that period, we agree that the Board lacks jurisdiction over the appeal.
Order affirmed.
And Now, this 24th day of October, 1980, the order of the Board of Finance and Revenue, dated September 13, 1978 refusing the Petition for Review of William A. Schmidt, t/a A. J. Schmidt and Company, is affirmed.
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LRC, Inc. About Us


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"Go to KAMPEN, 20 km away from..." Zwolle Off The Beaten Path Tip by heinwvm
Zwolle Off The Beaten Path: 12 reviews and 14 photos
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I'm often asked — by friends, television hosts, people I've just met — whether Chicago's public schools have gotten any better after decades of reform. I know they'd like a simple yes or no, but I find neither satisfying. Rather, it's been more like yes and no, or two steps forward, one step back.
Cover Stories
Local School Councils: 'Catalysts for change'
Of the all the reforms that have swept through Chicago Public Schools in the past 25 years, the creation of local school councils is one of the few that persists. Although their authority has been curtailed over the years and not all new or struggling schools have them, the councils in many ways continue to deliver on the initial vision of allowing parents and community members to be catalysts for change at their schools.
Belmont Cragin
From timid to tough
All in the family
Sabrina Jackson says she never really wanted to send her children anywhere but the school down the street, Perkins Bass Elementary. "They say churches can be a stabilizing force in a neighborhood, but schools are too, especially if they've been in the neighborhood forever," says Jackson, whose four children have or are currently attending Bass.
By the numbers
Twenty-five years by the numbers
In the past two and a half decades, the number and types of schools in the Chicago Public Schools have risen dramatically even as enrollment has declined. The face of the student body and teaching corps has undergone significant change. And although the system still lags behind the state on many measures, CPS has seen improved test scores and rising high school and college graduation rates.


text:
Jazz Articles | Blog
Vietnamese trumpeter Cuong Vu has been a frequent Pat Metheny collaborator dating back to the guitarist's Speaking Of Now (Warner Bros., 2002). It has taken well over a decade for Vu to flip the table, putting Metheny in a role he is seldom seen in, that of a sideman. In fact, across almost fifty albums, the guitarist's non-leader entries could be counted on one hand. It speaks volumes about Metheny's regard for Vu and the results on Cuong Vu Trio ...read more
Cuong Vu Trio With Pat Metheny: Cuong Vu Trio Meets Pat Metheny
One of the most distinctive jazz sounds to have appeared this millennium has been shaped by Cuong Vu. Beginning with his It's Mostly Residual (ArtistShare, 2005) through Vu-Tet (ArtistShare, 2007) and into Leaps of Faith, (Origin Records 2011), the modernistic and often plugged-in trumpeter has crafted an assault of sound: a thick, sludgy, glow-in-the-dark, pugnaciously percussive music that reaches out of the speakers and grabs you by the front of the shirt. Cuong Vu Trio Meets Pat Metheny ...read more
Cuong Vu Trio Meets Pat Metheny
A good chunk of the jazz-consuming public first became aware of Cuong Vu's virtuoso trumpet playing via his work with the Pat Metheny Group during the 2000s. For those of us already familiar with Vu's work, the move seemed a bit out-of-character, as the young trumpeter was a prominent player in the hyper-adventurous downtown NYC scene that coalesced around the Knitting Factory. To some, Metheny was a part of the jazz establishment; the very thing that the Knitting Factory scene ...read more
Cuong Vu Trio With Pat Metheny: Cuong Vu Trio Meets Pat Metheny
When trumpeter/composer Cuong Vu became a member of the Pat Metheny Group--he contributed to Speaking Of Now (Warner Bros., 2002) and The Way Up (Nonesuch, 2005)--it came as a bit of a shock to anyone familiar with his work in the downtown New York City scene. While Pat Metheny has made music that fits in with Knitting Factory acts, the PMG always had a big, wide-screen approach. Their World Music sounds and rhythms and breezy melodies gave them a broad ...read more
Cuong Vu Trio With Pat Metheny: Cuong Vu Trio Meets Pat Metheny
There's a bit of a role reversal going on with this one. Trumpeter Cuong Vu--a Pat Metheny devotee from the time he first heard the guitarist's Travels (ECM, 1983) as a teenager--eventually came to join the Pat Metheny Group, enhancing the sound of the band on a pair of Grammy-winning albums: Speaking Of Now (Warner Bros. 2002) and The Way Up (Nonesuch, 2005). Now Metheny returns the favor, joining Vu's crew for this expansive outing. The concept ...read more
Indigo Mist: Cuong Vu - Richard Karpen: That The Days Go By And Never Come Again
Pioneering trumpeter, composer Cuong Vu and pianist Richard Karpen push the envelope by not releasing a cut and dry tribute to Duke Ellington and his counterpart Billy Strayhorn . With a standard jazz quartet supported by iPad and electronics performers, to say this album follows mainstream jazz guidelines would be a miscue of sorts. Unconventional wisdom and atypical treatments accentuate this production of three Ellington-Strayhorn compositions and several originals by the quartet. According to Vu, the spirit of ...read more
Naked Truth: Shizaru
Naked Truth is the brain child of Italian bassist Lorenzo Feliciati, who has made a name for himself throughout Europe since 2005 as both a leader and collaborator. Feliciati has said that Naked Truth came from his desire to create a band where each voice is equal and contributes to the musical conversation," and where no instrument dominates the melodies or solos. Instead, each composition is based upon a riff or sonic motif, with the players all responding with improvised ...read more
Cuong Vu: Agogic Logic
New York may be the major incubator for all that's best in American jazz but there are healthy signs that vibrant scenes are emerging in other cities. Long-term New York-resident, alto saxophonist David Binney recently expressed a desire to spend more time in the jazz scene in Los Angeles, where he says: there's something really happening." Further north, in Seattle, there's something going on too; an exciting scene is developing around a core of young musicians who see the jazz ...read more


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EWM is not responsible for the accuracy of the information listed above. The data relating to real estate for sale on this web site comes in part from the Internet Data Exchange Program and the South East Florida Regional MLS and is provided here for consumers personal, non-commercial use, It may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Real Estate listings held by brokerage firms other than the office owning this web site are marked with the IDX logo. Data provided is deemed reliable but not guaranteed.


text:
My bike and I went to lunch today. Nowhere fancy, just Subway. Not the Subway across the street, mind you, but the one 3.5 miles away. My bike and I found every single hill between here and there, hills that I would swear aren't there when I drive down the same streets in my car. What a workout! Seven miles later, my legs were screaming. And that was with a break for lunch.
Wanting to spend as little time as possible on busy roads, I mapped a meandering route through various subdivisions. I get really nervous (and unsteady) when I hear a car approaching from behind and riding on less-traveled roads seemed the way to go. Even so, I had to hit a major thoroughfare for about 50 yards. It was the fastest I've pedaled yet! Fortunately for me, no cars passed me for the duration.
I also completed the second day of my Exercise Challenge. We voted to work on core this month, and my core appreciates it. Since this is in addition to my 3-a-week workouts with the trainer, I'm starting out sort of easy. Today I did 4 30-second planks and one for a full minute, 3 sets of 15 bridge lifts, 3 sets of 10 reverse crunches, and 3 sets of 15 regular crunches. Add that in to the 50 minute bike ride and I came up with 60 minutes of exercise today. That pushes me over the 2500 minute mark for exercise again and you know what that means: Cake Day!
Tomorrow I have to work late so I'll miss my workout with the trainer. I'll also miss my weigh-in, so I'll have to wait for Wednesday to see if I squeezed any mercy from the scale this week. If I get off work in time, I'm going for a walk around the neighborhood. I have a pretty decent 3-mile walk mapped out. I wonder how many surprise hills it has. I'm not going to try any strength training without the trainer. I'm having a little bit of knee pain and some slight swelling, so I think it might be wise to leave the squats and lunges alone for the time being. I'll do another core workout instead.
I hope you all have a happy, healthy week!


text:
Jen Bricker
Jen Bricker is an aerial artist, acrobat, and motivational speaker. A state champion in power tumbling, she has traveled internationally with Britney Spears's World Tour and appeared as the headliner at the prestigious Palazzo hotel in Las Vegas, New York's Lincoln Center, and the Shangri-La Hotel in Dubai. She has been featured on numerous news shows, including HBO's "Real Sports", ABC's "20/20", and "Good Morning America". She is currently living in Los Angeles and has added a successful speaking career to her list of accomplishments, including a feature in TED talks.
Everything is Possible
Jen Bricker, Nick Vujicic, Nick Vujicic, Sheryl Berk$19.99


text:
Roll Blogs
I, together with my husband started the site Mommy Stroller to help parents pick out the best and.. most suitable stroller for their family!
Owner: mommystroller
Listed in: Parents
Other Tags: parenting, mom blog, mommy blogger, stroller, baby product
The rants, raves, reviews, news, and express written opinion of a writer celebrating his life long.. love affair with music that rocks. Whether it's mainstream, classic, hard, grunge, alternative,.. classical, jazz, or heavy metal, it's covered here
Owner: RyoVie
Listed in: Music
Other Tags: rock, alternative, rock and roll, rock blog, grunge
Electronics, Arduino, PIC16F84A, PIC16F877A microcontrollers projects with simple and easy to.. understand codes. Codes are generated by the best compilers for PIC microcontrollers.
Owner: spokba
Listed in: Technology
Other Tags: Electronics, Microcontroller, Arduino, PIC16F877A, Motor Controller
Microchip Provides Micro Controller and Analog Semiconductors, with Low-risk Product Development,.. Lower Total System Cost and Faster Time To Market
Owner: rheyank
Listed in: Technology
Other Tags: microchip, pic, controller, analog, technology
The Carroll Foundation Trust Criminal Case is one of the largest ongoing organised criminal.. conspiracy and corruption affairs in modern economic history.
Owner: carrolltrust
Listed in: Environment
Other Tags: Carroll Australasia Corporation, Carroll Foundation Trust, Money Laundering, Carroll One Billion Dollar Fraud, Queensland Police
Australia's Attorney General's office has called for action in Britain's biggest.. ongoing organised criminal conspiracy and corruption case in modern economic history.
Owner: carrolltrust
Listed in: Business
Other Tags: Australia, Attorney General, Fraud, Forged Share Certificates, Burenda Stud
Desarrollo, Software Libre, Seguridad Informatica y puntos de vista personales
Owner: gomezbjesus
Listed in: Computers
Other Tags: security, linux, software, php, freesoftware
Further disclosures which been revealed in American and British media reports on the massive Carroll.. Foundation Charitable Trust national security case.
Owner: carrolltrust
Listed in: Finance
Other Tags: US Senate, US Congress, Banking Regulations, Social Responsibilty, Office of Integrity
FBI Atlanta Field Office - BULLITT CARROLL*TRUST MI6 - US National Security Case
Owner: carrolltrust
Listed in: Resources
Other Tags: FBI Atlanta Field Office, BULLITT CARROLL*TRUST, CARROLL*TRUST MI6, US National Security, National Security Case
New York Police Department - *Power *Purpose *Justice - Carroll Maryland Trust Case
Owner: carrolltrust
Listed in: Law
Other Tags: New York Police, New York Police Biggest Fraud Case, New York Police Department, NYPD Billion Dollar Fraud Case, Carroll Trust


text:
[tps_header]Upworthy, the social news sharing website, is known for its interesting and engaging headlines, such as "You'll Wonder Why This Video Is Edited Weirdly. Keep Watching For The Reveal" or "One Guy Is Responsible For Producing Most Of Your Favorite Songs, And You've Never Even Heard Of Him."
However, many are unaware of Upworthy's failed military section, oft plagued with poorly-worded headline choices or links that just failed to gain traction. Duffel Blog staff obtained 9 of those headlines and is reproducing them here.[/tps_header]
The First 8 Minutes Of First Sergeant's Libo Brief Will Amaze You. The Last 90 Will Move You To Tears
You bastards; I shit my pants. Gonna have to tell DW it was because of the sushi I got at the Chevron station up the road.
It's high time someone called out Upworthy. Chuck is right. I hate their stuff.
Headline says 98 minute video. Slider bar says 39 seconds.
Mwahahaha, made my day!
Video will not open


text: i've had my ipod touch jailbroken since the summer but never been able to get SSH to work on it...... i followed the step by step guide and downloaded it but it never came up. i've never been able to use it. my ipod is a gen 1 with 1.1.4 software (never bothered upgrading coz i'd have to do it all again)


text:
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June 30, 1987
al., Petitioners-Appellants, v.
Clayton J. McCarthy, Respondent-Appellee)
510 N.E.2d 555, 157 Ill. App. 3d 377, 109 Ill. Dec. 687 1987.IL.945
Appeal from the Circuit Court of McHenry County; the Hon. Haskell Pitluck, Judge, presiding.
APPELLATE Judges:
JUSTICE WOODWARD delivered the opinion of the court. NASH and HOPF, JJ., concur.
Petitioners Raymond C. Wenk, Patricia Wenk, Dianna Miller, and Ronald Miller appeal from a decision by the trial court: (1) granting respondent's motion to dismiss their motion for temporary permanent custody of minors, Nicole and Clayton McCarthy, Jr., and (2) denying petitioners leave to intervene under section 601(c) of the Illinois Marriage and Dissolution of Marriage Act (Act) (Ill. Rev. Stat. 1985, ch. 40, par. 601(c)). Petitioners Raymond Wenk and Patricia Wenk are the maternal grandparents of the minor children. Petitioner Dianna Miller is the children's maternal aunt and Ronald Miller is her husband. Respondent Clayton McCarthy is the natural father of the minor children.
On May 24, 1984, the children's mother, Yvonne M. McCarthy, filed a petition for marital relief, seeking legal separation or dissolution of marriage against Clayton J. McCarthy. A judgment for dissolution of the marriage was entered on February 13, 1985. The settlement agreement incorporated in the judgment provided for Yvonne to have custody of the minor children and gave respondent visitation rights of one day per week. Respondent was ordered to pay $85 per week in child support.
On July 12, 1985, Yvonne McCarthy was killed in an automobile accident. On July 15, 1985, respondent filed an emergency affidavit and petition seeking temporary and permanent custody of the minor children and permission to remove the children to the State of Wisconsin. On this same date, the court entered an order granting custody of the minor children to the petitioner Dianna Miller until July 24, 1985.
On July 22, 1985, petitioners Dianna L. Miller and Ronald N. Miller and/or in the alternative Raymond Wenk and Patricia Wenk filed their petition for custody of the minor children pursuant to section 601(b)(2) of the Act (Ill. Rev. Stat. 1985, ch. 40, par. 601(b)(2)). On July 24, 1985, respondent filed his answer to the petitioners' petition for custody and therein moved to strike on the grounds that section 601(b)(2) did not provide for alternative pleadings, but he did not raise the question of petitioner's standing under section 601(b)(2). The court denied the respondent's motion to strike the alternative relief sought in the petition of the petitioners for custody. Then, on July 29, 1985, respondent filed a motion for temporary custody pending temporary hearing. The court entered an order on August 2, 1985, which denied respondent's motion for temporary custody pending the hearing and provided that the minor children should remain in the temporary custody of Dianna Miller. The children remained in her custody throughout the permanent custody hearings. The respondent married Candy Kamen on July 31, 1985.
From and including July 15, 1985, through June 11, 1986, the court conducted a continuing hearing regarding the permanent custody of the minor children. The court heard the testimony of over 30 witnesses. Approximately 3,000 pages of transcript were taken. Petitioners put on 26 witnesses, and respondent put on 10 witnesses.
The petitioners ended their case in chief on October 29, 1985. Respondent moved for a finding in his favor. The court denied this motion on November 12, 1985. Respondent proceeded with his case in chief, which he closed on May 23, 1986. At that time, both petitioners and respondent moved for findings in their favor. The court denied these motions, and petitioners put on several rebuttal witnesses. On May 1, 1986, respondent filed a motion to dismiss, alleging for the first time that the petitioners had no standing to bring a child custody action pursuant to section 601(b)(2) of the Act (Ill. Rev. Stat. 1985, ch. 40, par. 601(b)(2)). On August 29, 1986, the court entered an order which granted the respondent's motion to dismiss and ordered the minor children transferred to him on September 1, 1986. The court retained jurisdiction of the cause, permitting the respondent to temporarily remove the minor children to Wisconsin for purposes of residence and enrollment in school. This appeal followed. It should be noted that on July 15, 1985, the trial court appointed a guardian ad litem to represent the children in the custody proceeding. The guardian ad litem has chosen not to take part in the appeal. This court draws no inferences or assumptions from the guardian's lack of participation.
On appeal, the petitioners raise three issues: (1) petitioners have standing under section 601(b)(2) of the Act (Ill. Rev. Stat. 1985, ch. 40, par. 601(b)(2)) to initiate an action for child custody; (2) respondent waived his right to object to petitioners' standing by failing to make a timely motion to dismiss; and (3) the trial court abused its discretion by failing to allow petitioners to intervene, pursuant to section 601(c), in the custody proceeding properly commenced and before the court.
We first address the issue of whether or not respondent waived his right to object to petitioners' standing by failing to make a timely motion to dismiss. Lack of standing has been deemed an affirmative defense and, therefore, is subject to section 2-619(a)(9) of the Civil Code of Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2-619(a)(9)). (Hermes v. Wm. F. Meyer Co. (1978), 65 Ill. App. 3d 745.) Section 2-619(a) provides that a motion to dismiss must be brought "within the time for pleading." (Ill. Rev. Stat. 1985, ch. 110, par. 2-619(a).) In the present case, respondent clearly did not file the motion to dismiss within the time for pleading. The motion was filed nine months after evidentiary hearings began. At that time, the court had heard testimony on 16 different days. Nevertheless, the trial court has the discretion to allow the withdrawal of an answer and the subsequent filing of a tardy motion to dismiss based on a defense not raised in the answer. (Midwest Bank & Trust Co. v. Village of Lakewood (1983), 113 Ill. App. 3d 962.) Unless it can be demonstrated that the opposing party was prejudiced by the late filing of the motion to dismiss, the trial court does not abuse its discretion by allowing tardy pleadings. Illinois Housing Development Authority v. Sjostrom & Sons, Inc. (1982), 105 Ill. App. 3d 247, 253.
Generally, we note the purpose of affirmative defenses, such as lack of standing, is to afford the defendants the means of obtaining at the outset of litigation summary Disposition of issues of law or easily proved issues of fact. (Stanley v. Chastek (1962), 34 Ill. App. 2d 220.) In other words, these defenses can obviate the need for parties and courts to become mired in causes that could be quickly dispatched. With that purpose in mind, we look at the relevant facts of the instant case to determine if petitioners were prejudiced by the trial court's allowance of respondent's tardy motion to dismiss.
Within days after Yvonne McCarthy's death on July 12, 1985, petitioners and respondent sought legal custody of Nicole and Clayton McCarthy, Jr. Petitioners filed their petition for permanent custody on July 22, 1985, and respondent filed his answer on July 25, 1985. As noted above, the respondent's answer did not object to the petitioners' standing under section 601(b)(2). The trial court began hearings in regard to the petition for permanent custody over a period from July 24, 1985, through June 11, 1986. Both petitioners and respondent moved for findings in their favor, and the court denied these motions. The motion to dismiss on the basis of petitioners' lack of standing was filed on May 1, 1986, and decided on August 29, 1986, at which time the petitioners were ordered to turn over Nicole and Clayton, Jr., to their father.
The court order was evidently based on by In re Custody of Peterson (1986), 112 Ill. 2d 48, which was decided on April 6, 1986. In Peterson, maternal grandparents petitioned for modification of custody to obtain custody of their granddaughter after her mother died in May 1984. The child's natural father filed a petition for modification of the divorce decree in order to obtain custody of his child. He then filed a motion to dismiss the grandparents' petition alleging lack of standing. On July 2, 1984, the trial court dismissed the grandparents' petition for custody for lack of standing and ordered that custody be turned over to the father.
Respondent contends that Peterson is controlling on the issue of petitioners' standing. But, in fact, this case differs appreciably from Peterson, in which the natural father made a timely motion to dismiss for lack of standing. The principal issue in Peterson was whether or not the maternal grandparents had standing. The principal issue in the instant case is whether the petitioners were prejudiced by granting respondent's tardy motion to dismiss.
Contrary to the instant case, Peterson, exemplifies the value of affirmative defenses that are timely put forward. In Peterson, the motion to dismiss for lack of standing obviated the need to put the litigants and the court through a time-consuming and difficult custody hearing. Here, petitioners had to endure a prolonged and difficult custody hearing which was spread out over almost 11 months. They, undoubtedly, incurred large legal fees. The emotional toll of the proceeding must have been significant. Also, petitioners and the minor children were doubtless growing accustomed to living with the petitioners. Petitioners were severely prejudiced when the trial court granted the late motion to dismiss. We find that petitioners have shown that they were prejudiced by the granting of the tardy motion to dismiss, and, therefore, the trial court abused its discretion by dismissing petitioners for lack of standing.
In support of our position, we cite Midwest Bank & Trust Co. v. Village of Lakewood (1983), 113 Ill. App. 3d 962. In Midwest Bank the defendant's answer was on file, and the trial of the cause was beginning when defendant's oral motion to dismiss was made. The reviewing court concluded that this motion to dismiss was clearly not within the time for pleading. It noted that the trial court did have the discretion to allow a defendant to withdraw an answer and then file a motion to dismiss based upon a defense not raised in the withdrawn answer. But the Midwest Bank trial court had granted the motion after defendant's answer was filed and the trial had begun. The reviewing court concluded that this constituted an abuse of discretion. In the instant case, the hearing for permanent custody had almost concluded when the motion to dismiss was granted.
We therefore find that respondent had waived all objections to petitioners' standing by his failure to make a more timely motion to dismiss on the basis of petitioners' lack of standing. To hold otherwise would be to allow a gross inJustice to the petitioners.
Though it is not necessary for the Disposition of this cause, we address the issue of petitioners' standing under section 601(b)(2) of the Act. Petitioners claim they have standing to bring the instant custody action pursuant to section 601(b)(2) of the Act, which reads as follows:
"A child custody proceeding is commenced in court:
(2) by a person other than a parent, by filing a petition for custody of the child in the county in which he is permanently resident or found, but only if he is not in physical custody of one of his parents." (Emphasis added.) Ill. Rev. Stat. 1985, ch. 40, par. 601(b)(2).
Under the Act (Ill. Rev. Stat. 1985, ch. 40, par. 101 et seq.), nonparents must meet the standing requirement of section 601(b)(2) of the statute before they will be considered as a custodian for a minor child under the Act.
To have standing under section 601(b)(2), petitioners must prove that, upon the death of Yvonne McCarthy on July 12, 1985, Nicole and Clayton, Jr., were not in the physical custody of the respondent. It has long been the law in Illinois that the death of a custodial parent after a final divorce judgment has been entered does not automatically revert custody to the surviving parent. (Milenkovic v. Milenkovic (1981), 93 Ill. App. 3d 204, 212.) When a divorced custodial parent dies, the court has the power to determine who should have custody of a child even though the legal custody of the child is not in anyone immediately following the death of the legal custodian. (93 Ill. App. 3d 204, 212.) This reasoning arises from the well-established concept that the best interests of the children are the foremost considerations in the custody determinations. Ill. Rev. Stat. 1985, ch. 40, par. 602; In re Wheat (1979), 68 Ill. App. 3d 471.
In the instant case, respondent did not have physical custody of the minor children immediately after Yvonne's fatal accident. Respondent sought physical possession by filing a petition for custody on July 15, 1985. On the same day, the trial court denied respondent's motion and granted temporary custody of the children to petitioner Dianna Miller to July 24, 1985. Petitioners filed their motion for temporary and permanent custody of the children on July 22, 1985. Evidence on the petitioner's petition began being heard on July 24. Respondent filed a motion for temporary custody pending the temporary hearing on July 29, 1986. The trial court, on July 30, 1986, found that there had been a prior hearing as to temporary custody and, therefore, denied respondent's motion for physical custody pending a determination of the issue of permanent custody.
Petitioner Dianna Miller retained custody of the children throughout the custody proceeding and until September 1, 1986.
From these facts, it is clear that the trial court had ample opportunity to transfer temporary custody (which obviously includes physical custody) to the respondent. At no time did it exercise that option. Rather, it awarded temporary custody to petitioner Dianna Miller on July 15, 1985, and reaffirmed that order on July 30, 1985. Petitioner's temporary custody of the children lasted until September 1, 1986. For purposes of section 601(b)(2), the respondent never had physical custody of Nicole and Clayton, Jr., in the relevant period following Yvonne's death. The court had vested that physical custody in the petitioner Dianna Miller who asserts that she had standing under section 601(b)(2) because the surviving parent did not have physical custody of the minor children. The petitioners have met the requirement of showing that the children were not in the physical custody of one of the parents, and, accordingly, the trial court erred in holding that the petitioners did not have standing under section 601(b)(2).
There being no question as to the standing of the petitioners in this proceeding, this cause is remanded to the trial court for determination based on the evidence adduced at the prior custody hearings, and any further evidence the parties may desire to adduce, and the trial court is directed to decide the issue of permanent custody of Nicole and Clayton, Jr., pursuant to the "best interest of the child" standard. In re Custody of Townsend (1981), 86 Ill. 2d 502, 508.
For the reasons stated above, we reverse the trial court's decision and remand the cause for further proceedings consistent with this opinion.
Reversed and remanded.
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The internets is full of smart, beautiful people…actual complaints about the Google Pac-Man Doodle (edit)
The internets is full of smart, beautiful people...actual complaints about the Google Pac-Man Doodle (edit)
The Google Doodle will only be live as Pac-Man for the next few hours(approx after the Champions League Final Tomorrow). I read a few blog entries on the anniversary celebration and some of the comments from "users" that accompany the stories are particularly odd. I have left off the names of the people who submitted these, and I sincerely hope they are all fake...but I just don't know anymore.
It seems that many people must have Google.com set as their default home page in their browser. Some of them must not understand how computers or the internet work.
Maybe on some browsers the sound in the swf that is used has a problem, but in all of the browsers I tried it works fine. I have to assume that these people are nuts, stupid, or just ignorant. Some people also had trouble realizing that they could still use the search box search with the Doodle changed to the game. Since when has the doodle not allowed someone to search (it changes all the time, just not to a game).
Note: We realize that the game is in Javascript. We took deep dive look at the code to figure out how they were playing the sounds because sound in Javascript games is notoriously awful (and difficult to code). The Google guys used a unique solution - they embedded a swf on the page with the sounds and played them with the Javacript to Flash external interface. Brilliant! So, when we said "swf" above (and further down) we don't mean the actual game (it is n Javascript, not HTML5 or Flash) but the sounds package.
Some of these comments are from people who didn't like the idea, some from those with technical problems, some from people who just don't like Pac-Man (explains their insanity), and some are just idiotic inbreeds. You be the judge. I am speechless at some of these, so I won't add any more comments here.
I will leave that up to you:
Note: After reading all of the below comments I have come to the
conclusion that there must have been some sort of problem with some
browsers and the sfw used to play the game sounds. In any case I will
still make fun of the comments because there were not posted on a Google
board, but they were posted as comments on various blog and news sites.
I think some of these people actually thought that by complaining on
some random site they could get their "home page fixed" (sic).
"The noise coming from the google site is insane and can drive anyone
insane. Are you trying to reduce your customer numbers? Well you are
doing a great job at killing your appeal to customers. This is so called
celebration was very stupid and immature. I see that you can not even
call to complain. You must have been bombarded by angry people. I am
sadly disappointed in google... And I thought you were so great."
"Google is not my front page. Just heard the din when openning web.
Thought this was a virus.
Wasted hours trying to get rid of it without use of web. Now I know
what it is I am disgusted that google could be so iresponsible."
"Enough! get rid of this crap"
"The noise was confusing to me, I couldn't figure out where it was coming
from, finally I realize something was going on in the background&
saw that it was a game, I tried everything to delete it, without any
"Please stop that sound."
"please turn of the pacman sound i can't stand it
"Google changed the home page for hundreds of us without giving us the
option of opting out. That sucks!!!!!!!!!"
"The Pacman is so annoying. At first I thought it was a virus, and no
matter how much I tried, I couldn't get rid of it. Please just tell me
how to remove it from my home page"
"I am a teacher and found this to be extremely annoying today! Students
were playing pac man instead of doing research for projects."
"My Google home page only shows a tiny square box with the pacman logo.
How do I get to get on my google home page?"
"How dare YOU Google invade my private space with that screaming noise
from pacman.
Good bye Google.....!"
" dont want this on my screen the noise is grating on me and i cant stop
it without muting my computer can you remove it now!!!!!
"How can I get rid of this google doodle, I did not ask for it and I
don't want it, do I have to change my browser ?"
"I thought it was a virus.
Hope it goes away soon"
"Help - the noise is driving me mad. How stupid to put this on Google
home page. I am fed up with intrusions like this! Tell people how to
switch the blinking noise off!!!!!!!!!!!"
"how to delete this stupid game it disturb me"
"Please get rid of this load of rubbish called Pac_Man"
"How do I get rid of this pac man nonsense"
If you want to read comments from actual sane people (read those who like Pac-man) the Joystiq article and comments are "bad ass".
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5 Bedrooms Detached House for sale
Littleworth Hill, Hednesford, Cannock, Staffordshire
The express estate agency is proud to offer this realistically priced 4 bedroomed detached house with income generating 1 bedroomed annex attached all interest and offers are invited.
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text:
One of our members, Thomas McMillan a product marketing manager at Lowe's Companies Inc., recently reviewed our new Path to Success Premium Report on his blog MarketingClimber.
"If you are a young professional, especially within 5 years of college graduation, I highly suggest you taking this assessment and opting for the premium report … It could be a useful tool in helping you create the best path to your own career success."
Thomas created the blog Marketing Climber to share great advice and tips for young people launching careers in marketing. We recommend checking it out! You can also follow Thomas on Twitter @thomasmcmillan.


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$1,695—$1,970 1—2 bed 550 Paularino Ave, Costa Mesa CA, 92626
from $1,695 1—2 bed
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A few nearby public transportation options.
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