alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT OF PENNSYLVANIA 

EASTERN DISTRICT 

COMMONWEALTH OF PENNSYLVANIA, 

 Respondent 

 v. 

CLAY D. WILLIAMS, 

 Petitioner 

:

:

:

:

:

:

:

:

:

:

:

No. 582 EAL 2015 

Petition for Allowance of Appeal from 

the Order of the Superior Court 

ORDER 

PER CURIAM 

AND NOW, this 8th day of March, 2016, the Petition for Allowance of Appeal is 

DENIED. 

Justice Eakin did not participate in the consideration or decision of this matter.
**EXHIBIT 32.2**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of Tennessee Commerce Bancorp, Inc. (the “Registrant”) on Form 10-Q for the quarter ended March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)                The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

(2)                The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.

 
| Date:   May 16, 2011 | By:    | /s/   Frank Perez         |
|---------------------------|--------|---------------------------|
|                      |   | Name:   Frank Perez       |
|                      |   | Chief   Financial Officer |

 

----
Exhibit 10.06D


FOURTH

EXTENSION AND MODIFICATION

OF

EMPLOYMENT AGREEMENT


THIS FOURTH EXTENSION AND
MODIFICATION OF EMPLOYMENT AGREEMENT (the “Extension”) is entered into as of March
14, 2005 by and between California Coastal Communities, Inc., a Delaware corporation
(“Employer”), and RAYMOND J. PACINI (“Executive”).


W I T N E S S E T H:


WHEREAS, Executive and
Employer have entered into an Employment Agreement dated as of May 1,
1998, an Extension and Modification of Employment Agreement dated
December 7, 1999,  a Second
Extension and Modification of Employment Agreement dated April 30, 2001, and
a Third Extension and Modification of Employment Agreement dated March 17, 2003
(collectively, the “Employment Agreement”), through which Executive has
provided various executive capacities to Employer and Employer has obtained
various executive services by Executive; and


WHEREAS, Employer desires
to obtain the benefit of continued service from Executive by extending the
Employment Agreement, and Executive desires to render continued services to
Employer by extending the Employment Agreement pursuant to the terms and
conditions of this Extension;


NOW, THEREFORE, in
consideration of the foregoing recitals and the mutual promises and covenants
herein contained, the parties agree as follows:


SECTION 1.           CONTINUING
EFFECTIVENESS OF EMPLOYMENT AGREEMENT.  Except to the extent of any modification made
pursuant to the terms of this Extension, the Employment Agreement shall
continue to remain in full force and effect following the date hereof.


SECTION 2.           EXTENSION OF
TERM.  Employer and Executive
hereby agree to extend the term of the Employment
Agreement until April 30, 2007.


SECTION 3.           BASE SALARY.  Effective January 1, 2005 and until the
expiration of the term set forth in Section 2 above, Employer agrees to
pay Executive a base salary of at least Three Hundred and Thirty Thousand
Dollars ($330,000) per year in semi-monthly installments on the same
dates the other senior officers of Employer are paid.


SECTION 4. 
OUTSIDE CONSULTING.  Subject to the prior approval of the Compensation
Committee of Employer’s Board of Directors, Executive may be permitted to act
as an outside consultant or director to companies and businesses that are not
in competition with Employer.   There
shall be no reduction in the compensation to be paid to Executive under the
Employment Agreement, provided that the consulting services rendered by
Executive do not have a material adverse effect on Executive’s ability to render
services to Employer under


 


1





















 


the Employment Agreement.


IN WITNESS
WHEREOF, the parties have executed this Extension as of the date first above
written.


 




	
  “EMPLOYER”

  
	
   

  
	
  CALIFORNIA
  COASTAL COMMUNITIES, INC.

  
	
   

  
	
  By 

  	
          /s/ 
  SANDRA G. SCIUTTO

  
	
   

  	
  Sandra G.
  Sciutto

  
	
   

  	
  Chief Financial
  Officer

  
	
   

  	
   

  
	
  “EXECUTIVE”

  
	
   

  
	
  /s/  RAYMOND J. PACINI

  
	
  Raymond J.
  Pacini

  






 


 


2
2007 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

3-6-2007

Silva-Rengifo v. Atty Gen USA

Precedential or Non-Precedential: Precedential

Docket No. 04-4302

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2007

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2007 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"Silva-Rengifo v. Atty Gen USA" (2007). 2007 Decisions. Paper 1398.

http://digitalcommons.law.villanova.edu/thirdcircuit_2007/1398
PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

_____________________

Nos: 04-4302, 05-3423

_____________________

CARLOS SILVA-RENGIFO,

 Petitioner

 v.

ATTORNEY GENERAL 

OF THE UNITED STATES; UNITED STATES 

DEPARTMENT OF HOMELAND SECURITY,

 Respondent

____________________

Consolidated Petitions for Review Of a Final Order of Removal 

From the Board of Immigration Appeals

____________________

Argued September 27, 2006

Before: McKEE and AMBRO, Circuit Judges, and

RESTANI,* Judge 

_____________________

(Opinion filed: January 8, 2007)

_____________________

* The Honorable Jane A. Restani, Chief Judge of the United States Court of International

Trade, sitting by designation.
2

ORDER AMENDING PUBLISHED OPINION

MCKEE, Circuit Judge

It is now ordered that the published Opinion in the above case filed January 8,

2007, be amended as follows:

In the first sentence of footnote six, page 65, replace the word “and” with the word

“or”, so that the phrase reads: “Governmental acquiescence under the Torture Convention

has been defined to include governments who are unable or unwilling to protect their

citizens from persecution.”

By the Court, 

/s/ Theodore A. Mckee Circuit Judge 

Dated: March 6, 2007

CMD/cc: Alexander E. Eisemann, Esq.

 Mark DesNoyer, Esq.

 Alison R. Drucker, Esq.

 Douglas E. Ginsburg, Esq.

 Donald E. Keener, Esq.

 William C. Peachey, Esq.

 Jonathan Potter, Esq.
Served: October 20, 2010

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

------------------------------------------------------------

CHAMPLAIN ENTERPRISES, INC. d/b/a COMMUTAIR

-----------------------------------------------------------

NOTICE OF REGISTRATION OF TRADE NAME

On October 6, 2010, Champlain Enterprises, Inc. d/b/a CommutAir (“CommutAir”), a U.S. 

commuter air carrier,1 requested that the Department register the trade name “United Express”

for use in certain air transportation operations. 

Part 215 (14 CFR Part 215) of the Department’s regulations provides that any air carrier wishing 

to use an alternative trade name must first register that name with the Department. The rule 

further states that the Department may register such name after the air carrier gives notification 

to similarly named air carriers of the proposed use of the name. In this case, CommutAir states 

that it currently operates under the trade name “Continental Connection,” and in light of the 

recent merger of United Air Lines Inc. (“United”) and Continental Airlines, Inc. (“Continental”), 

CommutAir requires flexibility to operate as a United Express air carrier as well. 

We note that CommutAir states that it has been fully authorized by United to use the United 

Express trade name, and that United will make all required disclosures of the identity of the 

operating air carrier and trade name in accordance with the provisions of Part 257 of the 

Department’s regulations (14 CFR Part 257). In addition, CommutAir states that the aircraft to 

be used to operate service on behalf of United will clearly indicate that CommutAir is the 

operating carrier. 

Since CommutAir has complied with the requirements of Part 215, we acknowledge the

registration of the trade name “United Express” for immediate use in its operations.

Dated at Washington, D.C., October 20, 2010

TODD M. HOMAN

Director

Office of Aviation Analysis

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov

 

1 CommutAir’s commuter certificate was last reissued by Order 89-7-1, on August 1, 1989.
Attachment A 

SERVICE LIST FOR CHAMPLAIN ENTERPRISES INC. d/b/a COMMUTAIR

 MS MISSY KELSEN

 VICE PRESIDENT OF FINANCE 

 COMMUTAIR

 240 VALLEY ROAD

 SOUTH BURLINGTON VT 05403

 

MR BERNARD STANKUS RTS-42

OFFICE OF AIRLINE INFORMATION

DOT/RSPA/BTS E-36

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

MR BRUCE RABINOVITZ

WILMER HALE

1875 PENNSYLVANIA AVENUE NW 

WASHINGTON DC 20006

MR WILLIAM J WEBER

CERTIFICATION MANAGER

FAA AFS-900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166

 MR R BRUCE KEINER

 CROWELL AND MORING LLP

 1001 PENNSYLVANIA AVENUE NW

 WASHINGTON DC 20004

 

MR PETER LYNCH 

ASST CHIEF COUNSEL FOR ENFORCEMENT 

FAA/AGC-300

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

 

 MR CLAY MORITZ

 OFFICE OF AIRLINE INFORMATION

 DOT/RSPA/BTS E-36

 1200 NEW JERSEY AVE SE

 WASHINGTON DC 20590
UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

TRAVEL GROUP, INC., D/B/A REPUBLIC AIR TRAVEL AND SCOT SPENCER AIRLIFT GROUP, INC. AND RICHARD BERNARD 

### UnauthorizedAir Transportation, Unfair andDeceptivePractices and UnfairMethods of Competition, and Violations of Public CharterRules EXPRESS ONE INTERNATIONAL, INC. 

### Unfair andDeceptivePractices and Unfair Methods of Competition, and Violations of Public CharterRules Enforcement Proceeding

STATUS REPORT . __::-

DOT-OST-1995-272 

### formerly Docket 49233

The Office ofthe Assistant General Counsel for Aviation Enforcement and Proceedings ("Enforcement Office"), pursuantto Your Honor's March 22, 2006, Order staying this proceeding, files this report detailing the current status ofthis proceeding and settlement negotiations. The Department has not ruled on the outstanding motions filed by Respondents and opposed by the Enforcement Office inAscend Aviation Group, Docket OST-2004- 17486.2 There have been no further settlement discussions. Date: August 29,2014
Respectfully submitted,

# /!;6df~ Blane Workie Acting Assistant General Counsel for Aviation Enforcement and Proceedings
Vinh 

### Q. Nguyen Senior Trial Attorney United States Department ofTransportation Office ofAviation Enforcement and Proceedings 1200 New Jersey Avenue, S.E. Room 96-429 Washington, D.C. 20590 TEL: 202-366-9342**F~:** 202-366-71523 Docket No. DOT-OST-1995-272 I hereby certify that onthis 29th day ofAugust, 2014, a true and correct copy ofthe foregoing Status Report was served in the following manner to the following: Original U.S. Department ofTransportation Docket Operations, M-30 West Building Ground Floor Room W12-140 1200 New Jersey Avenue, S.E. Washington, D.C. 20590 By First Class Mail The Honorable Ronnie A. Yoder ChiefAdministrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation Washington, D.C. 20590 TEL: (202) 366-2142 FAX: (202) 366-7536 By First Class Mail Scot Spencer SBD Aircraft Services 255 S Leland Norton Way Sam Bernardino, CA 92408 Scot Spencer 22604 Esplanada Circle Boca Raton, Florida 33433
EXHIBIT 10.3
 
  
 RE:
    
    Employment Agreement
   BASE PAY COMPENSATION
  INCENTIVE PAY COMPENSATION
  PARTICIPATION PLAN
  VACATION
  BENEFITS
    American Commercial Lines




---



##### 



RETIREMENT
  BUSINESS EXPENSES
  CELL PHONE
  RELOCATON EXPENSES
   §
    
    Weekly flights home to MN, with flight times to accommodate office presence from 8AM Monday
through EOD Thursday (with Friday to be worked from home office) or noon Monday to noon
Friday. With no incremental cost to ACL this weekly flight can be arranged as a coach class
flight from MN to Louisville to accommodate the travel of Mrs. Huls;§
    
    Temporary living in an apartment in Louisville area, which includes the cost of associated
utilities;§
    
    Transportation costs to / from Minneapolis and Louisville airports to include either taxi
or parking charges in these respective locations as well as local transportation during the
commuting period in the Louisville area.§
    
    For purposes of house-hunting, travel costs for four trips during the commute period may be
made, for which ACL will purchase 3 coach class tickets with at least two weeks advance
notice.
  PRE-EMPLOYMENT SCREEN
  American Commercial Lines




---



##### 



SEVERANCE
  AT WILL EMPLOYMENT
  RETURN OF COMPANY PROPERTY
  TRADE SECRETS/CONFIDENTIALITY
  NON-SOLICITATION
  American Commercial Lines




---



##### 



EXISTING AGREEMENT VIOLATION
  GENERAL
    /s/ Michael Ryan

Michael RyanPresident and Chief Executive OfficerAmerican Commercial Lines (ACL)
 By signing below, I agree to accept employment with ACL under the terms outlined herein. I
acknowledge and agree that my employment with ACL does not breach any agreements with any other
employer and I further agree to maintain the secrecy of, and not to use in any way, any
confidential or proprietary information or trade secrets belonging to any other employer in the
performance of my duties for ACL. I agree that I am not subject to any confidentiality or
non-compete agreement that might be violated by accepting this Offer or that restrict my ability to
fully perform my job with the Company. I understand and agree that this letter is provided for
information purposes only and does not guarantee employment for any definite duration. I understand
that my employment with the Company is at will and either party can terminate this relationship at
any time with or without cause. I acknowledge that this offer letter represents the entire
agreement between me and the Company and that no verbal or written agreements, promises or
representations that are not specifically stated in this offer are or will be binding on the
Company.
 /s/ David Huls
    
    7-27-11David Huls
    
    Date
 American Commercial Lines
| Olympic NP, WA                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |  |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--|
| **What's New**Please read newsletter 3 below.Planning Documents- General Management Plan - Newsletter 1
- General Management Plan - Newsletter 2
- General Management Plan - Newsletter 3 - (a) Introduction
- General Management Plan - Newsletter 3 - (b) Table 1, Alternative Parkwide Prescriptions
- General Management Plan - Newsletter 3 - (c) Maps, Alternative Area, Specific Prescriptions
- General Management Plan - Newsletter 3 - (d) Table 2, Zone Definitions
Other Links For This Plan- Park Expanded Website
- Park Home Page
Click Here for Acrobat Reader
**Experience             Your America**Update Planning Documents | Update Links For This Plan |
Case 3:94-cr-03073-RV-MD   Document 103   Filed 03/15/06   Page 1 of 1
#### § 240.10 Unobligated funds.

State agencies shall release to FNS any funds paid to them under this part which are unobligated at the end of each fiscal year. Release of funds by any State agency shall be made as soon as practicable, but in any event, not later than 30 days following demand by FNS. Release of funds shall be reflected by a related adjustment in the State agency's Letter of Credit where appropriate or payment by State check where the funds have been paid by United States Treasury Department check.
Fr om: Gormas, Michael (OST)

Sent: Wednesday, January 21, 2015 8:48 AM

To: john.cox@prescott

- az.gov; gboyd@ci.show

- low.az.us; lona@cityofpage.org; citymanager@cityofpage.org; 'Rick Olson'

Cc: Mike Matthews; chowell@flygreatlakes.com; dvoss@flygreatlakes.com; shawn@boutiqueair.com; Devany, Dennis (OST); Schlemmer, Kevin (OST) Subject: Essential Air Service at Page, Prescott, and Show Low proposals

Hello everyone,

I would like to update you on the Essential Air Service (EAS) situation at Page, Prescott, and S how Low, Arizona, as well as give you an opportunity to offer any comments on the record before we submit a recommendation to the Assistant Secretary for Aviation and International Affairs.

We issued Order 2014

- 11

- 15 (November 25, 2014), requesting prop osals from airlines interested in providing EAS for a new term. In response to our request, two air carriers submitted proposals: Great Lakes Aviation and Boutique Air (Page/Show Low only).

I have attached each air carrier’s proposal for your review and I expect them to be uploaded on www.regulations.gov soon. I request that you review the proposals and submit any comments you may have as soon as possible, but no later than Friday, February 20, 2015. Please sen d your comments directly via e

- mail to michael.gormas@dot.gov

. Also, please forward this to all relevant parties that I

have not included on the distribution list.

Please direct all questions regarding thes e proposals to Michael Gormas at michael.gormas@dot.gov

.

Michael D. Gormas United States Department of Transportation Office of Aviation Analysis
1200 New Jersey Ave SE Washington, DC 20590

202.366.1853
#### Joseph J. Amato, as Trustee, Respondent, v. Osarwald Construction Corp., Appellant, et al., Defendants.

Appeal by defendant Osarwald Construction Corp., as limited by its brief, from so much of an order of the Supreme Court, Orange County, dated August 1, 1968 and made on reargument and renewal of plaintiff’s motion for summary judgment, as adhered to a decision granting plaintiff’s said motion. Order reversed insofar as appealed from, on the law, with $10 costs and disbursements, and plaintiff’s said motion denied. The action is to foreclose a mortgage. In its answer appellant interposed the affirmative defense of the Statute of Limitations, alleging that the cause of action accrued more than six years prior to the date on which the action was commenced. On the renewal motion, appellant also asserted that the defense of usury was available to it. In our opinion plaintiff’s motion for summary judgment was improperly granted. While it is clear that the defense of usury is unavailable to appellant, as the loan was made to a corporation and none of the exceptions of the General Obligations Law applies (see General Obligations Law, § 5-521), in our view there are factual issues present at least as to whether the action is time barred. The factual issues arise out of the contrary positions taken in the papers before us as to whether an interest payment was made on the account of the subject mortgage or on a separate loan agreement. These matters ought to be explored at a plenary trial. Christ, Acting P. J., Brennan, Rabin, Munder and Martuscello, JJ., concur.
February 23, 1999

Richard S. Dondero
37 Hillside Avenue
Riverdale, NJ 07457

Re:  Employment Agreement
     --------------------

Dear Richard:

     This letter sets forth an amendment to your employment agreement, dated
as of April 30, 1994 (the "Employment Agreement") with Cistron Biotechnology,
Inc.  The Employment Agreement is hereby amended as follows:

1.   Paragraph 1.2 of Section 1, "Employment and Terms" is deleted in its
     entirety and replaced by the following:

     "1.2  This Agreement ("Term") shall continue until April 30, 2004, unless
     sooner terminated as provided herein."

2.   Paragraph 4.1 of Section 4, "Compensation Payable to the Executive" is
     deleted in its entirety and replaced by the following:

     "4.1  In consideration for all the services rendered by the Executive
     pursuant to this Agreement, the Company shall pay to the Executive during
     the Term, a salary of ONE HUNDRED FOUR THOUSAND ($104,000.00) DOLLARS
     per annum and any increments which may be approved by the Board."

<PAGE> 1

3.   Paragraph 9.7 of section 9, "Termination" is deleted in its entirety and
     replaced by the following:

     "9.7 In the event this Agreement is terminated pursuant to paragraph 9.4
     hereof or if the Company upon the Executive's written request refuses
     within thrity (30) days of such request to renew this Agreement for an
     additional two (2) year period upon the same terms and conditions contained
     herein, the Company shall have no obligations to the Executive from and
     after the effective date of termination or the end of such thirty (30)
     day period, as the case may be, other than to (i) pay the Executive an
     amount equal to nine (9) months' salary and benefits as severance, such
     severance to be payable in equal monthly installments commencing the
     month in which the termination occurs, and (ii) enter into a consulting
     contract for a minimum period of three (3) months at full salary and
     benefits in addition to the severance in Paragraph 9.7 (i)."

     Please indicate your agreement and acceptance of the foregoing by
executing this letter in the designated space below.  This letter shall
constitute an amendment of your Employment Agreement, which shall remain in
full force and effect in all other respects.

                                        Very truly yours,


                                        CISTRON BIOTECHNOLOGY, INC.

                                        By: /S/BRUCE C. GALTON
                                            ----------------------
                                            BRUCE C. GALTON
                                            Chairman and Chief Executive Officer

ACCEPTED AND AGREED:

/S/ RICHARD S. DONDERO
----------------------
    Richard S. Dondero

<PAGE> 2