3 Travel Stops For Edgar Allan Poe Fans

Do you listen to ravens … wondering if they'll ever say "Never more"? Does the clicking of your clock sound just a little too much like a tell tale heart? When you shop for wine, do your eyes linger over that bottle of Amontillado? Then you're probably a genre traveler with a soft spot for the work of Edgar Allan Poe.

This American writer, poet, editor and literary critic was best known for his tales of mystery and the macabre. Born in Boston, Mass., He moved to Richmond, Va. after his mother died when he but a toddler. He, himself, died in Baltimore, Md, when he was only 40 years old.

If you'll be traveling the North East of the United States and would like to pay homage to this very talented American writer, here are a few suggested stops for your itinerary.

Boston, Massachusetts
There is a plaque mounted on Carver Street mounted near the place where Poe was born. The plaque appointments other Boston place you might want to see, such as the corner of Washington and State Streets, where Poe's first book, Tamerlane and Other Poems, was published.

Baltimore, Maryland
There are several stops in Baltimore that you can visit on your EAP tour. There is the Baltimore Poe House and Museum at 203 Amity street. The Edgar Allan Poe Society of Baltimore rescued this building demolition in 1941. If you visit in October, you can attend the annual Halloween celebration, held at the Poe House on the weekends before and after October. 31. Also, the weekend nearest January 19 marks the Edgar Allan Poe Birthday Celebration, held every year at the Poe House.

Poe's grave can be found at the Westminster Burying Ground. It is marked by an 80-inch tall monument that features a bas-relief bust of Poe. Tours of the Westminster Burying Grounds and Catacombs are held the first and third Fridays of each month, April through November.

Other Baltimore Poe stops may include the Sir Moses Ezekiel statue of Poe located in the plaza of the Law School of the University of Baltimore and Church Hospital, the Site of Poe's Death.

Richmond, Virginia
The Poe Museum "boasts the world's finest collection of Edgar Allen Poe's manuscripts, letters, first editions, memorabilia and personal belongings" … at least that's what their website says. Poe moved to Richmond when he as about about two years old. The museum, opened in 1922, is just blocks away from Poe's first home in the area, as well as his first place of employment, the Southern Literary Messenger.

Source by Carma Spence

Rebate Programs With Solar Energy

Latest Rebate Programs for Solar Energy

Solar energy is one of the most important and most abundant of the resources in the universe. This is one renewable energy resource that will not be depleted even if we, and future generations use it to the full. The following are some of the rebate programs for the rebate on green energy.

The first and the foremost is the new thermal rebate program in Massachusetts.

The program begins by stating that one of the easiest ways to bring down the residential expenses of a house is to install a solar water heater. The solar energy thermal panels are relatively low cost in terms of their installation, especially when you consider the benefits of free endless hot water at little or no cost.

No electricity is now required to wash clothes and to take a warm and relaxing shower. The new thermal rebate program in Massachusetts promises to lower the cost of the renewable system to a larger extent. The solar rebate program is looked after by the Massachusetts Clean Energy Center and provides a bonus of about $1000 back on the 2-panel solar water heater. This is a huge reduction and also comes with the benefits of the healthy living for both ourselves and for our future generation.

The next in line is the California Solar Initiative that was started in the 2006 and aims to distribute the incentive of $3 billion by 2016. In order to make sure that the installation of the photovoltaic uses the current efficient technology designs and methods the California Solar Initiative has transitioned towards a performance based incentive. The levels of these incentives are reduced annually. The rebate offered currently is of the standard of $1.55 per watt and 41.90 per watt for the service takers.

The third in this category is the Boston new pilot program that encourages residential homeowners to invest in their own green energy and solar power station installations. Mayor Thomas M. Menino launched Renew Boston residential solar pilot program that offers the rebate to lower costs.

The program was possible due to the American recovery and reinvestment act energy efficiency and conservation block grant for small residential solar photovoltaic installation by providing matching rebates with the Massachusetts clean energy centers commonwealth solar program II.

The residential debates are expected to be the ranging from $1000 to $3000 in no less than three years. The participating people that are the local residents of Boston should invest in these energy efficiency improvements.

Source by J H Johnson

Mercy Otis Warren, Second-Class Citizen

America was settled by Europeans primarily from Great Britain who came seeking religious freedom, economic opportunity, and the chance to establish new communities and social organizations and by slaves. In 1619, the first slaves were bought by Dutch traders.

Life was not easy. Colonists (both Europeans and slaves) faced Indian raiders and diseases like malaria and typhus. Life in the colonies was different from life overseas in other ways, too. Many children died in infancy; adults died leaving children to grow up with relatives, family friends or foster parents. Remarriage and the formation of step families were common.

This was a departure from the norm the colonists had been used to in Europe where the nuclear family prevailed. (Steoff, 2003, p. 57)

In the seventeenth and eighth centuries, the roles of men and women were established by parents and the religious leaders of their communities. Colonial men worked at trades or owned businesses like farms. Colonial women spun, wove and sewed garments; cooked; cleaned; gardened; washed and ironed; chopped wood, and raised and educated their children.

Women were expected to be obedient to their fathers, husbands or other male relatives and to become wives and mothers. (Micklos, 2013, pp. 5-12)

Nonetheless these differences and hardships propelled some women to stand out from the rest.

Mercy Otis Warren was born into a wealthy family in West Barnstable, Massachusetts. Mercy was not a typical girl even for the times in which she lived. Her father was a traveling lawyer and a member of the Massachusetts House of Representatives who would bring home the latest political news from Boston. His two oldest children, Mercy and her brother James (Jemmy), found the colonists' conflicts with Great Britain fascinating.

Like her sisters, Mercy was educated at home in the domestic arts. Mr. Otis, however, believed that girls as well as boys should learn to read and write so the two oldest children, Mercy and Jemmy, were tutored at home by a minister. Mercy loved reading and history. Her favorite book was Sir Walter Raleigh's The History of the World.

When he grew older, Jemmy joined at Harvard. Mercy stayed home because women were not allowed to go to college. She could, however, devour the books that Jemmy bought home especially the writings of the radical philosopher John Locke.

Locke wrote about freedom and the natural rights of man. He also wrote about the social contract. Individuals, he believed, created Governments in order to protect their lives, liberty and prosperity. When a government threatened those rights, it broke the social contract. This meant that the people could change or even unmake their government. (Woelfle, 2012, p. 5)

Although the colonists created new communities and social organizations, they considered themselves subjects of Great Britain. Influenced by the ideas of Locke and the Enlightenment, the colonists began to question this relationship arguing that they should have more control over their local government. (Steoff, 2003, p. 96)

When Jemmy graduated from college, Mercy attended his graduation ceremony and graduation parties. She met Jemmy's friend and her future husband, James Warren, there. He was a farmer and like her father, a politician. James was not afraid of smart women. They married and together raised five sons on a farm in Plymouth, Massachusetts.

Mercy raised their children and ran the family farm but secretly wrote and published poems and plays in her spare time.

While life in Plymouth was quiet and busy for the Warren family, Samuel Adams and the Sons of Liberty were opposed against the taxes imposed on the colonists by the British government in nearby Boston.

Neighboring communities like Plymouth joined the protests which initially laid the groundwork for the American Revolution.

Women like Mercy who were influenced by the ideas of the Enlightenment and the colonists' protests, would soon join their husbands, fathers and brothers in the struggle for the creation of a new republic. Women visited army camps and sewed clothes, nursed and fed the soldiers. They spied for the patriots and even worn men's clothing and cooked in numerous battles.

The Warren's home became a meeting place for revolutionaries and intellectuals. They laid the plans for the Continental Congress there prompting Mercy to call her house "One Liberty Square."

Mercy proudly and boldly participated in the planning sessions.

During this period, she began a regular correspondence with Benjamin Franklin, Thomas Jefferson and Abigail Adams, whose husband John became the second President the United Sates. These friendships lasted most of her life.

Mercy continued to write and publish political poems and plays that were supportive of the rebels and the revolution during the period of the war for independence.

She used the pseudonym Fidelia for these poems and dramas which were intentally anti-British. In Model Celebration, mermaids and other sea creatures enjoy sipping British tea during the Boston Tea Party of 1773. In Blockheads, Mercy made fun of the King George III.

The British did not know who wrote these works otherwise Mercy would have been hung for treason.

In 1775, James became General James Warren but the aftermath of the war bought tragedy to Mercy's family. In 1783, Jemmy was stuck by lightning and died. Mercy and James lost their son Charles in 1785 to tuberculosis. Another son, Winslow, joined the army and was killed in an Indian raid in 1791. In 1800, George died of a fever.

Warren was noted for the three-volume History of the Rise, Progress and Termination of the American Revolution Interspersed with Biographical, Political and Moral Observations published in 1805 when she was seventy-seven years old. She was able to sign the manuscript, "Mrs. Mercy Warren of Plymouth, Massachusetts." It is considered the first history of the conflict between America and Britain.

Colonial widows, unlike most women, enjoyed a life of independence. Many had the experience of helping their husbands with the family farm or business and when their spouse died, they took over day-to-day operations.

Mercy Otis Warren was no different. Throughout all the personal tragedies, Mercy continued to write, operate the farm and support the new nation, the United States of America.

Mercy died in 1814. Mercy and James are buried in the Old Burial Hill in Plymouth, Massachusetts.


Micklos, John. The Brave Women and Children of the American Revolution. Berkeley Heights, NJ: Enslow Publishers, Inc. 2009

Steoff, Rebecca. Colonial Life. NY: Marshall Cavendish, 2003.

Woeffle, Gretchen. Write On, Mercy! The Secret Life of Mercy Otis Warren. Honesdale, PA: Calking Creek Books, 2012.

Source by Marion A Constantinides

So, You Want to Know about the Salem Witch Trials – Part Five – How it Ended and Bibiliography

Note: This is the last part of a five-part series. For those using this series to write a report, the bibliography at the end relates to all five parts.

How the Salem Witch hysteria ended

On October 12, 1692, the Massachusetts General Court held a meeting to figure out what to do about the situation. They decided to forbid further imprimination for witchcraft.

On October 26, 1692, The church leaders of Massachusetts called for a statewide day of fasting, hoping God would give them the answer to the witch problem.

Although the accusations were still coming in, people accused were now let out on bail, instead of thrown into the already overflowing jails. People were beginning to see the mistakes that had been made, and now the leaders were trying to figure out how to put a stop to it. They were caught between a rock and a hard place. They could not very well pardon all of the witches and admit to putting 20 (including Giles Corey) innocent people to death, but they could not in good conscience allow the trials to continue. The questions went on for another 4 months while 150 of the accused sat in jail. Finally, in May, all accused witches were discharged, and could be released from prison as long as their jail costs were paid.

After many petitions, in October, 1710, The General Court reversed all of the convictions against those who had family to ask. Bridget Bishop, Susannah Martin, Alice Parker, Ann Prudeator, Wilmott Redd, and Margaret Scott were not clear because they did not have family to petition on their behalf.

On December 17, 1711, the families of the executed witches were given the sum of 578 pounds and 12 shillings to be distributed among 24 relatives of accused witches.

The family of John Procter, the most affluent of those hung, was given 150 pounds.
The family of George Jacobs was given 79 pounds.
The family of George Burroughs, the minister who said the perfect "Our Father," was given 50 pounds.
The family of Elizabeth Howe, who was fairly wealthy, was given 12 pounds.
Sarah Good's husband, William, was given 30 pounds.
Abigail Hobbs was allotted 10 pounds.

What happened to …

Mrs. Parris died in 1696.

Samuel Parris tried to keep his job in Salem Village, but the friends and relatives of Rebecca Nurse and Sarah Cloyce were able to get rid of him. He went on to Stowe, once again arguing over terms of his employment. He rented there only a year. After Mrs. Parris' death, Samuel married a prosperous woman. He died in 1720.

Some of the "afflicted" girls, Betty Parris, Elizabeth Booth, Sarah Churchill, and Mercy Lewis all married (Mercy married after giving birth to an illegitimate child).

No one knows what became of Abigail Williams, Elizabeth Hubbard, Susannah Sheldon, and Mary Warren.

Ann Putnam never married. Both of her parents died in 1699, Thomas at 46, and Ann Sr.. at 37, and Ann was left to care for her 9 younger brothers and sisters. At 26, Ann wrote a formal apology that was read to the congregation by the new minister, Joseph Green. In her words, "I justly fear I have been instrumental, with others, though ignorantly and unwittingly, to bring up myself and this land the guilt of innocent blood … As I was a chief instrument of accusation Goodwife Nurse and her two sisters , I desire to lie in the dust, and to be humbled for it. " Ann grew into a sickly woman and died at the age of 37, like her mother.

Authors Note-In researching, I read extensively on the subject and found the best sources of information to be Marion Starkey, The Devil in Massachusetts. And A Delusion of Satan, by Frances Hill. In my work, I cited my information in parenthesis after every quotation, but unfortunately the citations did not make it through the switch-over program. I apologize for any inconvenience. Krista Delle Femine

Source by Krista Delle Femine

Convert Your Single Family Home Into A Legal Multi Family Home

Will it really be legal?

It can’t be done legally! I’ve heard it literally hundreds of times, yet in my concrete cutting business, one that is crucial in the conversion process, I have seen it done hundreds of times. How you may ask? It’s actually not any more difficult than most major home renovations. And if you ask what are the benefits? That is a simple one: it can increase the value of your home by 50% and sometimes double. It also allows you to legally rent your new apartment(s) out to cut your personal living expenses.

Still sound impossible? Well, if you call your local building department and ask if it can be done, you may get laughed at but depending on your city or town’s local by-laws you may be surprised to find out that it isn’t at all uncommon. However, there are several conditions that must be in place before a building inspector would even consider handing you an application for a building permit. You may or may not already meet the criteria for this undertaking, but if you don’t, you may be able to easily make the necessary changes.

These conditions in most cases are/but not limited to:

* Ample parking for each unit – usually two parking spaces for each unit are necessary depending on the amount of bedrooms. If space permits, parking can easily be increased on your property with some excavating and/or by adding concrete retaining walls.

* Ceiling height – If the basement or attic is to be converted to an apartment there are limits to how low the ceiling can be. Lowering a concrete basement floor can be accomplished, in most cases, by cutting and removing the existing concrete, digging the dirt out and pouring a new concrete slab.

* Egress – This is the ability to enter and exit the new unit. There must be a set amount of windows and doors of certain widths and lengths. This is where our expertise comes in to play. We are a professional concrete cutting service. We cut egress windows and doors into concrete foundations and openings for the installation of basement stairs and bulkheads.

* Each unit must have a bathroom and kitchen in order to be considered legal.

We once cut in some egress windows for a woman in Revere, MA who already had an “illegal” in-law apartment that she easily converted it to a “legal” apartment. She had been asking $259,000 for her single family home but couldn’t sell it. After seeing her neighbor convert her home into a two family she did the same. She completed the conversion and ended up selling her property for $379,000.

I remember doing a job for a man in the prestigious community of Brookline, MA in Boston. He owned a condominium in a six unit building which each came with a storage unit that was one sixth of the basement of the building. He told the other five-condo owners that he needed additional storage and that he was willing to pay them to purchase their storage units. He ended up buying the other five storage areas for $15,000 each, 1,200 sq feet of prime real estate for a total of $75,000. We ended up cutting and removing the concrete slab and cutting in a doorway in the foundation for him. He lowered the basement floor and converted it into a beautiful condo and sold it for over $1,000,000.

These examples are evidence that anything is possible. By checking with your local building department and doing your homework, you too may be able to convert your single family into a multi-unit property.

(c) 2007 New Hampshire Concrete Cutting and Core Drilling, All Rights Reserved

Source by Robert Short

Boston Foreclosure Listings – The Ultimate Place to Be

Boston, being the capital and the largest city of the state of Massachusetts, United States, is one of the favorite residential places here. The Boston Foreclosure Listings shall tell you the best residential property and it shall make it available to you at the minimum price possible. If you are wondering why you should live here, the city gives you various reasons.

The Boston Foreclosure Listings provides you with tons of options to choose your house from. There are several things that you can do while living in this city and thus, these listings shall guide you through the best suitable deal for you and that too at discounted prices. The city is home to various activities, concerts, festivals and feasts. So if you are a kind of person who enjoys all these things alone or with your friends and family and kids then Boston is the ultimate place to be.

The college students in Boston have a wide variety of options. The city houses many universities such as Art Institute of Boston, University of Massachusetts Boston, and School of the Museum of Fine Arts, Massachusetts College of Pharmacy and Health Sciences etc. Thus the students can pick an accommodation near one of these colleges using the Boston Foreclosure Listings. The kids and teens can enroll themselves as a part of the Boston Youth Zone and be a part of the various programs and activities conducted by them in the field of health, science, sports, culture etc.

Many Feasts and Festivals are also organized in the city round the year to keep the citizens of Boston entertained and in tuned with the city culture. Boston has events being held such as The North American Chinese Volleyball Tournament, The Boston Arts Film Festival and St. Rosalie Procession. Thus, one should definitely use the Boston Foreclosure Listings to choose a home in this city which is buzzing every minute of every day.

Special events of this city also include Waterfront Performing Art Series, Boston Urban Music Festival, The Strand Theatre (hosts plays and theatre of Gospel to Shakespeare), Arts on the Arcade (lunchtime performance program), Gospel Fest (showcasing national and local talent) and Caliente (Celebration of Latin Music). Other famous things of this city are its shopping and dining avenues. You can go and eat at the most recently opened Cafe Bello Island Style, Latino Restaurant, The River Grille or you can shop in the Main Street.

Source by Fiona Livnat

Plimoth Plantation, One of the Great New England Museums

New England is rich in many things; prevalent among them are history, art and many diverse cultures. There are museums throughout the region that chronicle the past in many contexts. The best New England museums are, in fact, packed with all manner of fascinating artifacts, books, articles, furniture and the keepsakes of Native Americans, presidents, statesmen, the works and wisdom of our Founding Fathers, farmers, manufacturers, art, science and the sea faring, to name but a few.

For the purposes of this article about the Best New England Museums, I've chosen a "living history" institution from Massachusetts for its exemplary exhibits and realism.

Plimoth Plantation in Plymouth, Massachusetts, serves as a microcosm of what life was like when the Pilgrims arrived here in 1627.

The sense of history here at the Plantation resonates from every part of it. There's great and reverent balance here. It's not just about the English Colonists (the Pilgrims), the first Massachusetts settlement or the first Thanksgiving.

The curators have taken great care to place emphasis on the important role the Wampanoag Native People played in the opening act of American history.

In addition, the curators explain the evolution of Thanksgiving from its true origins, the food on that first Thanksgiving table and explores its evolution from how it began to the turkey-and-football event we know it to be today.

The Plantation enterprises six major attractions: The 1627 Pilgrim Village; Hobbamock's Homesite; The Mayflower II; Nye Barn; Thanksgiving: Memory, Myth & Meaning; and the Crafts Center.

The 1627 Pilgrim Village has been explored in minute detail and the staff members, in period dress, go about their daily activities as if the Plantation was still the epicenter of the New World.

The that-roofed buildings offer a plethora of period artifacts that give ample insight into how the English Colonists lived, dressed, ate and interacted back in 1627, as well as how they lived against daunting odds. The staff members are extremely well versed in the history of Plimouth, and can expound at length on virtually any relevant topic.

Hobbamock's Homesite gives visitors a very realistic view of how the Wampanoag People, who have lived in Southeastern New England for thousands of years, went about their daily lives. A traditional wetu (house) provides the same level of detail found in the English houses and realistically displays how different the native lifestyle was from the colonists'.

When one compares the luxury and spaciousness of today's ocean-going cruise ships to the Mayflower II, an exact replica of the original Mayflower, one wonders how the English colonists made the voyage, safe, sound and sane.

The size of the ship and the quarters of those who sailed aboard her are highly suggestive of a claustrophobic encounter of the worst kind. Imagine yourself 1 of 102 passengers and 18 crew on a ship 106 feet long with a beam 25 feet wide for a day, much less months.

Nye Barn preserves a great deal more than just history and architecture. The Plantation's staff members are the caretakers of breeds of animals common during the 1600s, but extremely rare now. Breeding stocks for these beasts of burden are very low, but the Plantation is doing an exemplary job of helping the animals thrive and multiply.

The Crafts Center offers basket weaving, as well as pottery, joiner (furniture making) and tailoring as it was done by the colonists. Skilled craftspeople are happy to answer your questions about how they ply their trades, many near extinct, as well as how what they were crafted at a time when there was no electricity.

There's realism here that is neither contrived nor dispassionate. Everyone engaged in the day-to-day activities makes it truly living history, and it's a New England museum that is worth every second of the visit.

Source by James Hyde

Green Light to Expunge Fraudulent Restraining Orders?

Green light to expunge? Can records of fraudulently obtained 209A Restraining Orders finally be expunged in Massachusetts?

Records of 209A orders live long and are unforgiving. Even an ex parte order that lasts a mere 10 days and is not renewed creates a record that will haunt the Defendant if there is ever another 209A case against him or in bail proceedings, just to name a few instances. Two recent decisions by Massachusetts courts may well have paved the road to expunge some of these records. These cases and their implications are discussed below.

In March of 2006 the Massachusetts Appeals Court ruled on a case that was been dragging for four years, and the ruling shed light on an issue that was being dragged on the minds of falsely accused 209A Defenders for much longer: does a District Court judge have the inherent power to expunge a 209A Restraining Order from the statewide domestic violence registry when the order was obtained through fraud on the Court. In short, perhaps surprising but much welcomed: YES. The case was Commissioner of Probation v. Adams , 65 Mass. App. Ct. 725 (2006).

The case commended when a couple (for reference, court designed pseudonyms of Jones and Adams will be used) obtained mutual 209A Restraining Orders against one another, which were later extended for one year. Sometime during this time period, after Jones was charged with violations of the 209A Order and criminal harassment in two different courts, Adams filed a motion to vacate the 209A Order against her and to expunge all records of the order. Here ensued the typical game of judicial pong pong. The judge granted the motion to vacate after finding 19 statements made by Jones to be false, but denied the motion to expunge. Adams filed a second motion to expunge the now vacated 209A Order, which the Commissioner of Probation (the office maintaining these records) opposed. The judge granted Adams' motion to expunge, but the Commissioner filed a motion to reconsider. The judge denied the Commissioner's motion, and the Commissioner appealed claiming that the judge had no authority to allow the expungement. The Commissioner argued that, while the Legislature specifically authorized and directed the development and implementation of a system containing records of all issuances and violations of 209A orders in Massachusetts, there was no provision for expungement of data because, according to the Commissioner, the purpose of the system was to preserve "complete information about a Defendant."

The Commissioner was correct in that the 209A Law did not contain any provisions allowing for expungement of even incorrectly issued orders. While it is no surprise and no secret that the 209A statute is a poorly written and overly broad piece of legislation, short of the legislationature specifically saying that no expunements are allowed, this vagueness left a hole and an opportunity for sentences to make some good law on top of bad, for a change. This is exactly what the Appeals Court decided to do by returning to the lower court sentences the power that was never expressly taken away by the Chapter 209A, but which the sentences were timid to exercise in 209A settings: the power to fix judicial errors and to attempt "to secure the full and effective administration of justice" when there has been a finding of fraud on the court. In such instances, said the Appeals Court quoting various earlier cases, "lack of statutory authorization is immaterial," moreover, such power "can not be restricted or abolished by the legislature."

In this case, vacating the 209A Order against Adams is insufficient to protect the integrity of the courts and does not send an appropriate message to the public. Vacating the order leaves a record of the order in the system. Not only does this leave a permanent mark against Adams, but it also leaves, in perpetuity, a record of a fraudulently obtained court order. Although labels such as "dismissed" or "closed" are applicable to records in the system, no explanation is provided as to why the order was dismissed or the case closed. Many vacated 209A orders are vacated because of the victim's failure to suspect. Law enforcement officials will not be informed that the order was vacated because it was obtained by fraud on the court. Rather, they may presume it was vacated because of the victim's failure to prove or because of insufficient evidence. The perpetuation of a fraud amounts to a defiling of the court itself when law enforcement officials rely on inaccurate information produced by the court. Just as vacating the order is an insufficient remedy in those circumstances, sealing the record of the order is equally inadequate. When records are sealed, they do not disappear. While sealed records become unavailable to the public, the raw data continues to be available to law enforcement officials (police, probation officers, and courts). Law enforcement officials would retain access to information that is inaccurate and misleading and was obtained through fraud on the court. Therefore, sealing would not remedy the defiling of the court.

Id. at 731-732 (citations omitted).

Bravo? Can we run and request that all vacated 209A orders now be expunged? Not quite. First, the court made it clear that only orders procured through fraud on the court are subject to expungement. As an example of the type of orders NOT to be expunged the court cited the Vaccaro v. Vaccaro case, where a 209A order was vacated because there was not enough evidence to extend it, as opposed to an order initially obtained by fraud. 425 Mass 153 (1997). The court said that, in the case of a merely vacated order or a surrender for failure to prosecute, but where there is no finding of fraud, there exists "value" to law enforcement officials in retaining records of its issuance.

Second, the court set out a rather Stern definition of what it considers fraud, where "where it can be demonstrated, clearly and convincingly , that a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system's ability impartially to adjudicate a matter by improperly influencing therier or unfairly hampering the presentation of the opposing party's claim or defense. " Adams , at 729-730 (citations omitted).

Third, the court spoke of the timing for a motion to expunge, ruling that 209A defenders "have adequate opportunity to assert [the fraud] argument" at the 10 day and the extension hearings. "If the judge does not make a finding of fraud on the court, the defendant will have no basis for a consequent motion to expunge the record of the order from the system. Nothing in GL c. 209A, or in this opinion, requires a hearing on a defendant's motion for expungement. "Furthermore, the 'clear and convincing evidence' standard of proof required for demonstrating a fraud on the court finding will necessarily limit the number of instances when expungement may even be considered as an appropriate remedy." Id. at 736-737.

Far short of an open floodgate, the Adams case seems to offer an ever so slow crack in the door for expunging certain 209A orders when backed by strong evidence of fraud and thought at the precisely right time.

Less than six months after the Appeals Court determined Adams , much closer to the daily reality of 209A Orders, Judge Gregory Flynn in the Waltham District Court rendered a decision applying the new standards from Adams . The case was Chamberlain v. Khanlian , Waltham District Court Docket No. 0651-RO-99. Here the Plaintiff failed to appear at the 10 day hearing and the 209A Order against the Defendant expired on that day. Another 11 days after that, the Defendant brought a motion to expunge the record alleging fraud on behalf of the Plaintiff. The Defendant supported his motion with several affidavits that set out facts in support of the fraud. The Plaintiff failed to appear at the hearing on the motion to expunge, but the Commissioner of Probation appeared and opposed the expungement in this case as well, although this time claiming that its sole purpose in opposing the motion was to make sure that the standards set out in Adams are followed.

"In light of the allegations made in the relevant pleadings, the factual support presented by the accompanying affidavits, the failure of the petitioner to appear to be heard on the allegations of fraud, the court is clearly reconciled that the original restraining order was granted only upon a fraudulent set of facts presented to the Court, "wrote Judge Flynn. "Correspondingly, in conformity with the standards set forth in Commissioner of Probation v. Adams , the motion to expunge was allowed."

This being an "unpublished" District Court case, no further light into Judge Flynn's reasoning or ratione is submitted from his brief decision. It is interesting to note, however, that seemingly the timing standards set in Adams by the Appeals Court were not met here. In Adams , the Appeals Court noted that the Defendant's only opportunities to raise allegations of fraud would be at the 10 day hearing or any further extension hearings. Here the 10 day hearing came and went without a motion to expunge. Yet, Judge Flynn still allowed the expungement when the motion was bought 11 days later. It is also interesting to note that both defenders in the two cases discussed above were women, and both had career motivated reasons for seeking expungements: one was an attorney while the other was a licensed pharmacist.

Whether other judges will see Adams as Judge Flynn did, and whether dozens of the falsely accused men in Massachusetts will be able to obtain relief from this turn in the law – only time will tell.

Source by Dmitry Lev

How Lexington and Concord Was About Gun Control

The United States has a very interesting approach to our history with gun control. On the one hand, Massachusetts residents proudly assemble in April to reenact the battles that occurred at the historic sites of Lexington and Concord. Patriot’s Day is even set aside as a legal holiday in honor of the battles. State leaders do not ever wish the world to forget who fired the shot heard round the world. Yet, the same state shudders at tying their own history to the debate on gun ownership, the Second Amendment, and the current battles to protect these rights with their celebration of these historic events.

However, there is no denying the purpose of those battles. The seven hundred British soldiers dispatched to Lexington and Concord were not there to collect tax revenues. British leaders ordered the elite British infantry to Concord to confiscate and destroy weapons and ammunition the colonists had been storing. British leaders hoped to quell further rebellion by setting an example. They would seize weapons and round up local leaders for trial in England.

British leaders recognized that gun control was a powerful weapon for population control. Occupation troops sent to quell rebellion and restore order already intimated citizens in Boston. Many feared there was little colonists could do against one of the most powerful armies on the planet. However, the British government saw things differently. As long as residents remained armed, there was a potential threat of citizens uprising against the King’s troops. Seizing guns and powder left locals unable to defend themselves and far more likely to relinquish even more of their rights as British citizens.

The residents of Massachusetts had broken no laws in possessing weapons. On many occasions, the British leaders in Massachusetts had demonstrated they had no issue with trampling on the colonists’ rights as English citizens. Sending armed troops into the country to seize legally owned weapons was just one more statement that the British government did not see any need to respect the colonists’ rights when they felt there was a crisis that justified their actions.

When modern Massachusetts residents participate in celebrating the battles of Lexington and Concord, it is important to remember that the British did not come to stop the residents from having a local militia. They brought no orders ordering the Minutemen to disband. They came for the guns and powder. Without weapons, the Minutemen were not much of a threat to the British government. That is why the second amendment is not about supporting a modern National Guard loyal to the government. The Second Amendment harkens back to citizens who chose to stand and defend their rights as citizens.

The experiences of the Revolution made gun ownership so important that the writers of the Constitution made it the Second Amendment in the Bill of Rights. They left no confusion in their writing about the value they placed on gun ownership. The experiences with British gun control efforts at Lexington and Concord, had taught them the importance of making gun ownership a Constitutional right. It then became the citizens’ duty to make the new government respect it.

Source by Andrew Sheridan

Proceed With Your Roofing Plan After a Fair Roofing Estimate

When you are planning to install or repair your roof the first thing that you require is the roofing estimates. The estimate is essential because based on this you would have to lay your plan. If you really require a fair estimate of the roofing, you need to hire Massachusetts roofing contractors. Only when you find a good contractor to provide service for you, you can expect to get fair roofing estimates. So make a point that you would have to find good contractors.

You can ask your friends or relatives to give you suggestions regarding the best Massachusetts roofing contractors. You can also take the help of a referral service who can make some recommendations. By using all these different means you can definitely get hold of a good contractor.

Now that you find a contractor, it is time for knowing the roofing estimates. Accurate estimate is required and this estimate can be calculated in different ways. The contractor can help you to acquire the roofing estimate either by using the square footage of the home and the roof or it can be calculated by using the square footage of the home as well as the roof angle.

You must have some knowledge of roofing so that you can understand well the estimate that the contractor is giving you. It is the work of the contractor to inspect the kind of roof. On the basis of the roof, he would give the estimate. Along with the kind of roof there are few other things that are considered by the Massachusetts roofing contractors before giving the correct roofing estimates.

The layers of shingles that have to be removed, the damages if any to the decking underneath, the water damages or other damages are all first considered by the contractor before giving the estimate. The measurement of the roof would be done by multiplying the height of the roof by the length. The calculation would be done in feet. The square feet are then divided by 100 in order to make the exact estimate.

By doing this the cost of the material that has to be used in laying the roof can be determined. The estimates also include the cost of the materials like the nails as well as the roof felt. Apart from the cost of the material, the cost of the labour and the service charge of the contractor are also calculated. Along with these if there are other kinds of repairs required you would have to pay extra charges for that.

Based on the roofing estimates that you get, you should prepare your budget and proceed ahead with you plan.

Source by Subhash Chand Bohra