alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
J. S52030/16

NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37

S.E.D. :

:

IN THE SUPERIOR COURT OF

PENNSYLVANIA

v. :

:

G.D.M., : No. 53 EDA 2016

:

 Appellant :

Appeal from the Order Entered December 7, 2015

in the Court of Common Pleas of Philadelphia County

Domestic Relations Division at No. #0C0513395

BEFORE: FORD ELLIOTT, P.J.E., STABILE AND STRASSBURGER,* JJ.

DISSENTING MEMORANDUM STATEMENT BY FORD ELLIOTT, P.J.E.:

FILED NOVEMBER 18, 2016

I respectfully dissent. I would remand to the trial court to make a final 

custody determination utilizing the 23 Pa.C.S.A. § 5328 factors. Clearly, 

Mother did not voluntarily agree to any custody arrangement; rather, she 

believed this was the best deal she could get from Father. However, it was 

not up to Father to make this determination. It was for the trial court when 

Mother obviously expressed her inability to deal with Father. To date, there 

has never been a final determination as to why a physical and legal change 

of custody was made in this case. This is the basis of Mother’s appeal.

 

* Retired Senior Judge assigned to the Superior Court.
<PAGE>

                                                                    EXHIBIT 23.1

                         INDEPENDENT AUDITORS' CONSENT

The Board of Directors
Edge Petroleum Corporation:

     We consent to the incorporation by reference in the registration statements
(No. 333-61890, 333-22571, 333-93209 and 333-106484) on Form S-8, and the
registration statements (No. 333-79759 and 333-112462) on Form S-3 of Edge
Petroleum Corporation and subsidiaries of our report dated March 12, 2004, with
respect to the consolidated balance sheets of Edge Petroleum Corporation and
subsidiaries as of December 31, 2003 and 2002, and the related consolidated
statements of operations, stockholders' equity, and cash flows for each of the
years in the three-year period ended December 31, 2003, which report appears in
the December 31, 2003 annual report on Form 10-K of Edge Petroleum Corporation.

     Our report refers to changes in accounting for asset retirement obligations
in 2003 and derivative instruments in 2001.

                                                         KPMG LLP

Houston, Texas
March 23, 2004
. 

·~ .. 

'• .. 

SI.ff- I? 

OPERATION OF 

COMBINED NAVAL COMMUNICATION 

INTELLIGENCE ORGANIZATIONS 

• 

SE6RET
**Exhibit 31.2**

**Certification of Chief Financial Officer**

**Pursuant to Rule 13a-14(a) of the SecuritiesExchange Act of 1934**

I, Dorothy M. Cipolla, the principal financial officer of LightPath Technologies, Inc. certifythat: 

1. I have reviewed this annual report on Form 10-K of Light Path Technologies, Inc.; 

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

3. Based on myknowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periodspresented in this report; 

4. The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

a) Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared; 

b) Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

c) Disclosed in this report any change in the registrant’s internal controls over financial reporting that occurred during the registrant’sfourth fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal controls over financial reporting; and 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee ofthe registrant’s board of directors (or persons performing the equivalent functions): 

a) All significant deficiencies and materialweaknesses in the design or operation of internal controls over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal controlover financial reporting. 

Date: September 26, 2006
EX-10.3 Amendment to the Time Warner 1997 Stock






Exhibit 10.3




AMENDMENT TO THE

TIME WARNER 1997 STOCK OPTION PLAN




     1. This Amendment to the Time Warner 1997 Stock Option Plan (the “Plan”) shall become
effective on October 1, 2008 (the “Effective Date”).



     2. The terms “Fair Market Value,” “fair market value” and “Market Value,” as applicable, and
their respective definitions, as may be set forth in the Plan shall be amended by replacing any
such terms with “Fair Market Value” and replacing their respective definitions with the following:




“Fair Market Value” means, on a given date, (i) if there should be a public market
for the shares of Common Stock on such date, the closing sale price of the shares of
Common Stock on the New York Stock Exchange Composite Tape, or, if the shares of
Common Stock are not listed or admitted on any national securities exchange, the
average of the per share closing bid price and per share closing asked price on such
date as quoted on the National Association of Securities Dealers Automated Quotation
System (or such market in which such prices are regularly quoted) (the “NASDAQ”),
or, if no sale of shares of Common Stock shall have been reported on the New York
Stock Exchange Composite Tape or quoted on the NASDAQ on such date, then the
immediately preceding date on which sales of the shares of Common Stock have been so
reported or quoted shall be used, and (ii) if there should not be a public market
for the shares of Common Stock on such date, the Fair Market Value shall be the
value established by the Board of Directors or authorized Board committee in good
faith.



     3. This Amendment shall apply with respect to the administration of awards under the Plan for
any and all awards granted under the Plan that are outstanding on or after the Effective Date,
provided however, that this Amendment shall not amend or affect the exercise price of any stock
options granted under the Plan prior to October 1, 2008.



Date: September 10, 2008




 

TIME WARNER INC.




	 	 	 
	By:
	 	/s/ Harry L. Spencer

	 	 	 

	 	 	Harry L. Spencer

	 	 	Vice President, Global Benefits & HR Operations
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-1684

DENNIS M. O’HARA,

Petitioner - Appellant,

v.

COMPTROLLER OF MARYLAND; COMMISSIONER OF INTERNAL REVENUE 

SERVICE,

Respondents - Appellees.

Appeal from the United States District Court for the District of 

Maryland, at Greenbelt. Theodore D. Chuang, District Judge. 

(8:14-cv-04044-TDC)

Submitted: November 17, 2016 Decided: November 21, 2016

Before GREGORY, Chief Judge, and MOTZ and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Dennis M. O’Hara, Appellant Pro Se. Michael Joseph Salem, OFFICE 

OF THE ATTORNEY GENERAL OF MARYLAND, Annapolis, Maryland; Bruce R. 

Ellisen, Jennifer Marie Rubin, UNITED STATES DEPARTMENT OF 

JUSTICE, Washington, D.C., for Appellees.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Dennis M. O’Hara appeals the district court’s orders

dismissing his petition for writ of mandamus for lack of subject 

matter jurisdiction and denying reconsideration. We have reviewed 

the record and find no reversible error. Accordingly, we affirm 

for the reasons stated by the district court. O’Hara v. 

Comptroller of Md., No. 8:14-cv-04044-TDC (D. Md. Nov. 3, 2015 & 

May 12, 2016). We dispense with oral argument because the facts 

and legal contentions are adequately presented in the materials 

before this court and argument would not aid the decisional 

process.

AFFIRMED
# EXHIBIT 32.5

# CERTIFICATION 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 Iomega Corporation (the
Company) on Form 10-Q for the period ended June 27, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the
Report), I, Werner T. Heid, President and Chief Executive Officer of
the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to
section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

(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 Company.

/s/ Werner T. Heid
Werner T. Heid
President and Chief Executive Officer
August 5, 2004

A signed original of this written statement required by Section 906 has been provided to Iomega Corporation and will be retained by
Iomega Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
**Ex. 10.21**SEPARATIONAGREEMENT AND GENERAL RELEASE
1. Agreement. ThisSeparation Agreement and General Release (“Agreement”) is entered intoby and between Iomega Corporation, a Delaware corporation with its principalheadquarters in Roy, Utah, on behalf of itself and each of its subsidiaries(“Iomega” or the “Company”), and **Charlotte L. Miller**(“Employee”) for the purpose of amicably concluding theiremployment relationship. By entering into this agreement neither party admitsany deficiency, wrongdoing or liability, expressly or by implication. 

2.       Last  Working  Day.  Employee's  last  regular  working  day at Iomega  will be  **January 1, 2002**("Last  Working  Day").  Theeffective date of Employee's termination of employment with Iomega will be **January 1, 2002** (the "Termination Date").

3.       Consideration.
Exhibit
32.2

CERTIFICATION 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 Annual
Report on Form 10-K of Revlon Consumer Products Corporation (the
"Company") for the period ended December 31,
2003, as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), I, Thomas E. McGuire,
Chief Financial Officer of the Company, hereby certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

(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
Company.

/s/ Thomas E.
McGuire
 Thomas E. McGuireChief Financial
OfficerFebruary 24, 2004

---
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### Bureau of Land Management

          - [LLCO956000 L14400000.BJ0000]

# AGENCY:

Bureau of Land Management, Interior.

# ACTION:

Notice of Filing of Plats of Survey; Colorado

# SUMMARY:

The Bureau of Land Management (BLM) Colorado State Office is publishing this notice to inform the public of the intent to officially file the survey plat listed below and afford a proper period of time to protest this action prior to the plat filing. During this time, the plat will be available for review in the BLM Colorado State Office.

# DATES:

Unless there are protests of this action, the filing of the plat described in this notice will happen on April 20, 2015.

# ADDRESSES:

BLM Colorado State Office, Cadastral Survey, 2850 Youngfield Street, Lakewood, CO 80215-7093.

# FOR FURTHER INFORMATION CONTACT:

Randy Bloom, Chief Cadastral Surveyor for Colorado, (303) 239-3856.

Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, seven days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

# SUPPLEMENTARY INFORMATION:

The plat and field notes of the dependent resurvey and survey in Township 19 South, Range 71 West, Sixth Principal Meridian, Colorado, were accepted on March 5, 2015.

Randy Bloom,

Chief Cadastral Surveyor for Colorado.

[FR Doc. 2015-06395 Filed 3-19-15; 8:45 am]

 BILLING CODE 4310-JB-P
#### The State of Ohio, Appellant, *v.*Bruni, Appellee.

[Cite as *State v. Bruni*(1999), 86 Ohio St.3d 1220.]

(No. 98-2276

Submitted September 15, 1999

Decided October 6, 1999.)

*1221
      *Robert D. Horowitz,*Stark County Prosecuting Attorney, and *Frederic R. Scott,*Assistant Prosecuting Attorney, for appellant.

*Kenneth R. Spiert,*for appellee.

The appeal is dismissed, *sua sponte,*as having been improvidently allowed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
<PAGE>   1
                                                                    EXHIBIT 23.2


                          Independent Auditors' Consent




The Board of Directors
PLD Telekom Inc.:

We consent to incorporation by reference in the registration statement (no.
333-35139) on Form S-8, in the Post-Effective Amendment No. 1 to Form S-4
Registration Statement on Form S-8 (no. 333-18713), in the registration
statement (no. 333-5396) on Form S-3, and in the registration statement (no.
333-5400) on Form S-3 of PLD Telekom Inc. of our report dated March 21, 1997,
related to the consolidated statements of operations, shareholders' equity, and
cash flows for PLD Telekom Inc. for the year ended December 31, 1996, which
report appears in the Annual Report on Form 10-K for the year ended December 31,
1998 of PLD Telekom Inc.




KPMG LLP
Chartered Accountants

Calgary, Canada
March 30, 1999
# Delegation of Authority Pursuant to Section 1209(b)(2) of the National Defense Authorization Act for Fiscal Year 2015

# Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate the functions and authorities vested in the President by section 1209(b)(2) of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291) (the “Act”) to the Secretary of State.

Any reference in this memorandum to the Act shall be deemed to be a reference to any future Act that is the same or substantially the same as such provision.

                    You are authorized and directed to publish this memorandum in the                     *Federal Register.*

[FR Doc. 2015-06068

Billing code 4710-10
Exhibit 12(b)

                               Xerox Corporation
                  Computation of Ratio of Earnings to Fixed Charges

                        Nine months ended                Year ended
(In millions)             September 30,                 December 31,
                          2000*   1999   1999   1998** 1997  1996     1995
Fixed charges:
  Interest expense      $  739  $  606  $ 803  $ 749  $ 617 $ 592    $ 603
  Rental expense            92      94    132    145    140   140      142
Total fixed charges
  before capitalized
  interest and preferred
  stock dividends of
  subsidiaries             831     700    935    894    757   732      745
Preferred stock dividends
  of subsidiaries           41      41     55     55     50     -        -
Capitalized interest         9       3      8      -      -     -        -
  Total fixed charges   $  881  $  744  $ 998  $ 949  $ 807  $ 732   $ 745

Earnings available for
  fixed charges:
  Earnings***            $(325) $1,671 $2,104   $837 $2,268 $2,067  $1,980
  Adjustment to reflect
    distributed income
    from minority owned
    companies              (20)    (39)   (68)   (27)   (84)   (84)    (90)
  Add fixed charges before
    capitalized interest
    and preferred stock
    dividends of
    subsidiaries           831     700    935    894    757    732     745
  Total earnings
    available for
    fixed charges       $  486  $2,332 $2,971 $1,704 $2,941 $2,715  $2,635

Ratio of earnings to
    fixed charges (1)(2)    *     3.14   2.98   1.80   3.64   3.71    3.54

(1) The ratio of earnings to fixed charges has been computed based on the
    Company's continuing operations by dividing total earnings available for
    fixed charges, excluding capitalized interest and preferred stock
    dividends of subsidiaries, by total fixed charges.  Fixed charges
    consist
    of interest, including capitalized interest and preferred stock
    dividends
    of subsidiaries, and one-third of rent expense as representative of the
    interest portion of rentals.

(2) The Company's ratio of earnings to fixed charges includes the effect of
    the Company's finance subsidiaries, which primarily finance Xerox
    equipment.  Financing businesses are more highly leveraged and,
    therefore, tend to operate at lower earnings to fixed charges ratio
    levels than do non-financial businesses.

*   Earnings for the first nine months of 2000 were inadequate to cover
    fixed charges.  The coverage deficiency was $395 million. Excluding
    charges for special items - the 2000 restructuring, CPID in-process R&D
    charge, and Mexico provision - the ratio of earnings to fixed charges
    would be 1.48.

**  Excluding the effects of the charges recorded in connection with the
    1998 restructuring plan, the ratio of earnings to fixed charges would be
    3.55.

*** Sum of "Income (Loss) before Income Taxes (Benefits), Equity Income and
    Minorities' Interests" and "Equity in Net Income of Unconsolidated
    Affiliates."
#### Dennis Carter, Appellant, v Lauren E. Barth et al., Respondents.

[774 NYS2d 780]

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Lifson, J.), dated March 19, 2003, as granted the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject motor vehicle accident *(see Toure v Avis Rent A Car Sys.,*98 NY2d 345 [2002]; *Gaddy v Eyler,*79 NY2d 955 [1992]). The affirmation of the plaintiffs physician submitted in opposition to the defendants’ motion was insufficient to raise a triable issue of fact.

Accordingly, the defendants were entitled to summary judgment dismissing the complaint. Santucci, J.P., Smith, Luciano and Adams, JJ., concur.
Exhibit24.5

POWER OF ATTORNEY

KNOWN ALLMEN BY THESE PRESENTS, that the undersigned hereby constitutes andappoints each of Barry F. Schwartz, Robert K. Kretzman and Michael T.Sheehan or any of them, each acting alone, his true and lawfulattorney-in-fact and agent, with full power of substitution, for himand his name, place and stead, in any and all capacities, in connectionwith the REVLON CONSUMER PRODUCTS CORPORATION (the"Corporation") Annual Report on Form 10-K forthe year ended December 31, 2005 (the "Form10-K") under the Securities Exchange Act of 1934, asamended, including, without limiting the generality of the foregoing,to sign the Form 10-K in the name and on behalf of the Corporation oron behalf of the undersigned as a director or officer of theCorporation, and any amendments to the Form 10-K and any instrument,contract, document or other writing, of or in connection with the Form10-K or amendments thereto, and to file the same, with all exhibitsthereto, and other documents in connection therewith, including thispower of attorney, with the Securities and Exchange Commission and anyapplicable securities exchange or securities self-regulatory body,granting unto said attorneys-in-fact and agents, each acting alone,full power and authority to do and perform each and every act and thingrequisite and necessary to be done in and about the premises, as fullyto all intents and purposes as he might or could do in person, herebyratifying and confirming all that said attorneys-in-fact and agents,each acting alone, or his substitute or substitutes, may lawfully do orcause to be done by virtue hereof.

IN WITNESS WHEREOF, theundersigned has signed these presents this 1st day of March,2006.

|  | /s/ BARRY F.SCHWARTZ                  BARRY F.SCHWARTZ |
|--|---------------------------------------------------------------------------------------------------------------------------------------------|

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