alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Harrisburg Light and Power Company v. Begelfer.

*Practice*— *Practice Act of 1915*— *Set-off*— *Endorsement on affidavit of defence*— Omission—Amendment *to correct.*

It is too late, upon the trial of a case two years after filing the affidavit of defence, to permit an amendment for the purpose of correcting a failure to endorse upon the affidavit the notice required by section 15 of the Practice Act of May 14, 1915, P. L. 483, when making a claim of set-oif.

Motion for new trial. C. P. Dauphin Co., June T., 1919, No. 51.

*Spencer Gilbert Navmian, J. E. B. Cunningham*and *Charles H. Bergner,*for plaintiff.

*Rosenberg & Rosenberg,*for defendant.

Dec. 19, 1921.

Wickersham, J.,

The defendant bases his motion for a new trial largely upon our ruling that he was not entitled to amend his affidavit of defence at the trial in order that it might comply with the requirements of the Practice Act of 1915.

The affidavit of defence in this case was filed by the defendant May 3, 1919. In it he attempted to plead a set-off to the plaintiff’s statement in the following language: “The pipes installed on the first floor are faulty, in that they leak, as a result of which merchandise belonging to your deponent was damaged to the extent of Eleven Hundred Dollars.” He failed to comply with section 15 of the Practice Act by endorsing upon his affidavit of defence the notice therein required. Having failed to comply with the necessary requirements of the act for a period of two years which elapsed between the filing of the affidavit of defence and the trial of the case, we declined to permit him to correct this defect at the trial. After carefully considering our action in the matter, we are not convinced that we erred in declining to permit the defendant to file an amended affidavit of defence at the trial: Greth *v.*Fisher, 12 Berks Co. L. J. 126, 29 Dist. R. 836. The motion for a new trial is, therefore, overruled, and judgment is directed to be entered in favor of the plaintiff for the amount of the verdict upon the payment of the jury fee.

Prom William Jenkins Wilcox, Harrisburg, Pa.
Cause No. 06-14-00237-CR

MARSHALL DESHUN PARKER § IN THE COURT OF 

VS. § APPEALS, SIXTH DISTRICT

THE STATE OF TEXAS § STATE OF TEXAS 

MOTION TO WITHDRAW

Now comes the undersigned attorney for the Appellant MARSHALL

DESHUN PARKER, and respectfully moves to be allowed to withdraw as

attorney of record. In support hereof, Movant would show:

I.

This motion is based on good cause as follows:

Undersigned counsel was appointed to represent the Appellant in this appeal

on December 11, 2014 Since that time undersigned counsel has reviewed the

record and concluded that no reversible error occurred at trial. A brief is submitted

contemporaneously with this motion discussing the arguable points of appeal. The

withdrawal is not sought for delay alone. 

II.

A copy of this motion has been delivered by certified mail to MARSHALL

DESHUN PARKER, inmate #01955225, 3899 Hwy 98, New Boston, TX 75570 

no telephone number. MARSHALL DESHUN PARKER has been notified in 

writing of his right to object to this motion, and has not informed Movant whether

he consents or does not consent to the motion. Notice has also been given to the

ACCEPTED

06-14-00237-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

3/24/2015 9:21:29 AM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 3/24/2015 9:21:29 AM DEBBIE AUTREY Clerk
Appellant that he has the right to file a pro se brief on his own behalf.

III.

There are currently the following settings in this case that the undersigned

has been made aware of:

March 25, 2015, - date for submission of appellant’s brief.

WHEREFORE, Scott Rectenwald, respectfully requests that this court make

an order permitting him to withdraw from this cause. Movant further requests

that the Court adjust the deadlines in this case to provide Appellant the

opportunity to review the record and submit a pro se appellate brief if he should so

desire.

RESPECTFULLY SUBMITTED,

SCOTT RECTENWALD

110 W. Fannin

Marshall, Texas 75670

(903) 938-3300

(903) 938-3310- FAX

/s/ Scott Rectenwald

Scott Rectenwald

SBOT # 00794510
Certificate of Service

The undersigned hereby certifies that a true and correct copy of the

foregoing Motion f was hand delivered to the office of the Harrison County

District Attorney on March 24, 2015, and was also posted for electronic delivery

during electronic filing .

/s/ Scott Rectenwald
EXHIBIT 32.1





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





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 filing of the Annual Report on Form 10-K for the Year Ended December 31, 2010 (the "Report") by Atrinsic, Inc. ("Registrant"), each of the undersigned hereby certifies that, to the best of their 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 Registrant.





Date: April 7, 2011
/s/ Raymond MusciRaymond MusciExecutive Vice President & Director(Principal Executive Officer)Date: April 7, 2011
/s/ Thomas PlottsThomas PlottsChief Financial Officer





A signed original of this written statement required by Section 906 has been provided to Atrinsic, Inc. and will be retained by Atrinsic, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.


EX-7
**EXHIBIT 31.2**

 

CERTIFICATION

 

I, Lance Thibault,Chief Financial Officer, certify that:

 

1. I have reviewedthis Amendment No. 1 to Annual Report on Form 10-K/A of deCODEgenetics, Inc.; and

 

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

 

 
|   | /s/ LANCE THIBAULT       |
|--------|--------------------------|
|   | Lance Thibault           |
|   | Chief Financial  Officer |

 

Dated: April 30, 2009

 

----
#### Charles Marvel v. E. W. Marvel.

1. *Gambling—Burden of Proof in Suits to Recover Money Invested in Option*Deals.—Where a defendant in a suit to recover money invested in option deals claims items of the account sued upon were in their nature mere gambling in options or differences, the burden is upon him to prove it.

Assumpsit, to recover money invested in options. Appeal from the Circuit Court of De Witt County; the Hon. William G. Cochrane, Judge, presiding.

Heard in this court at the May term, 1901.

Affirmed.

Opinion filed September 11, 1901.

Feed Ball, John Fullee and Geo. K. Ingham, attorneys for appellant.

George B. Marvel and Warner & Lemon, attorneys for appellee.

Mr. Justice Wright

delivered the opinion of the court.

This suit was in assumpsit by appellee against appellant to recover certain items of account against the latter, and a jury having been waived the trial by the court ended in a finding and judgment against appellant for $501.80, to reverse which he brings this appeal, and to effect such reversal has argued that the finding and judgment are contrary to the law and the evidence of the case.

The general issue was pleaded to the declaration, also set-off and that the transactions in suit were mere option deals, or gambling on differences in the prices of grain. Appellee proved the items of his account by his own testimony and his books of account to the extent of the finding, and also the further item of Marvel and Baker, $106.15, which the ■ court rejected. Appellant claimed the major part of the items of account were in their nature mere gambling in options or differences, but. the evidence fails to show that appellee knew it was the intention of appellant to settle differences merely, when he procured appellee, as he did, to make the deals and advance the money for him, and of this the burden was upon appellant. Appellant also insists that *610he gave his note to appellee for $300, and paid it afterward, but the evidence does not affirmatively show it had relation to the matters in controversy here; but the evidence does show there were divers transactions between the parties besides those in suit, and the burden was upon appellant to show the $300 note and its payment included the items now claimed by appellee in this suit.

Upon the whole evidence we are not inclined to disturb the finding of the trial judge, who saw and heard the witnesses and had a better opportunity to judge the credibility of the witnesses than we have, and we therefore affirm the judgment. Affirmed.
Exhibit 32.2(1)

STATEMENT OF CHIEF FINANCIAL OFFICER UNDER 18 U.S.C. § 1350

I, Shelly Schaffer, the chief financial officer of Support.com, Inc. (the Company), certify for the purposes of section 1350 of chapter 63 of title 18 of the United States Code that, to
the best of my knowledge,



|(i) | the Quarterly Report of the Company on Form 10-Q for the quarter ended September 30, 2010 (the Report), fully complies with the requirements of
section 13(a) of the Securities Exchange Act of 1934, and
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|---- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                       |  |  |  |  |  |                              
|---------------------- |  |  |  |  |  | -----------------------------
|Date: November 5, 2010 |  |  |  |  |  | /s/ SHELLY SCHAFFER          
|                       |  |  |  |  |  | Shelly Schaffer              
|                       |  |  |  |  |  | Chief Financial Officer and  
|                       |  |  |  |  |  | Executive Vice President     
|                       |  |  |  |  |  | of Finance and Administration

A
signed original of this written statement required by 18 U.S.C. § 1350 has been provided to Support.com, Inc. and will be retained by Support.com, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.





|(1) | The material contained in this Exhibit 32.2 is not deemed filed with the SEC and is not to be incorporated by reference into any filing of the Company
under the Securities Act of 1933 or the Securities Exchange Act of 1934, whether made before or after the date hereof and irrespective of any general incorporation language contained in such filing, except to the extent that the registrant
specifically incorporates it by reference.
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Notices]
[Page 18234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07748]


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

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION


Sunshine Act Notice

March 2015

TIME AND DATE:  10 a.m., Tuesday, April 14, 2015.

PLACE:  The Richard V. Backley Hearing Room, Room 511N, 1331 
Pennsylvania Avenue NW., Washington, DC 20004 (enter from F Street 
entrance).

STATUS:  Open.

MATTERS TO BE CONSIDERED:  The Commission will hear oral argument in 
the matter Brody Mining, LLC v. Secretary of Labor, Docket Nos. WEVA 
2014-82-R et al. (Issues include whether the Administrative Law Judge 
had jurisdiction to adjudicate the validity of a Pattern of Violations 
notice and whether he erred in dismissing the notice.)
    Any person attending this oral argument who requires special 
accessibility features and/or auxiliary aids, such as sign language 
interpreters, must inform the Commission in advance of those needs. 
Subject to 29 CFR 2706.150(a)(3) and 2706.160(d).

CONTACT PERSON FOR MORE INFO: Emogene Johnson (202) 434-9935/(202) 708-
9300 for TDD Relay/1-800-877-8339 for toll free.

Sarah L. Stewart,
Deputy General Counsel.
[FR Doc. 2015-07748 Filed 4-1-15; 11:15 am]
 BILLING CODE 6735-01-P
<PAGE>

                                  Exhibit 32.1

                            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 of Ultra Petroleum Corp. (the "Company") on
Form 10-K for the period ended December 31, 2004, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Michael D.
Watford, Chairman, Chief Executive Officer, President and Chief Financial
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, to the best of my
knowledge, 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
      Company.

Date: March 11, 2005            By: /s/ Michael D. Watford
                                    ----------------------
                                    Michael D. Watford
                                    Chairman, Chief Executive Officer,
                                    President and Chief Financial Officer

This certification is being furnished solely for purposes of compliance with 18
U.S.C. Section 1350 and shall not be deemed "filed" for purposes of Section 18
of the Securities Exchange Act of 1934, as amended, or otherwise subject to the
liabilities of that Section. Registration Statements or other documents filed
with the Securities and Exchange Commission shall not incorporate this exhibit
by reference, except as otherwise expressly stated in such filing.

A signed original of this written statement required by Section 906 has been
provided to Ultra Petroleum Corp. and will be retained by Ultra Petroleum Corp.
and furnished to the Securities and Exchange Commission or its staff upon
request.
STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

TONI FLAD ROSSI

VERSUS

ANTHONY ROSSI

NO. 2023 CW 0705

AUGUST 14, 2023

In Re: Toni Flad Rossi, applying for supervisory writs, 22nd

Judicial District Court, Parish of St. Tammany, No. 

2016-11187. 

BEFORE: McCLENDON, HESTER, AND MILLER, JJ. 

WRIT DENIED. The criteria set forth in Berlitz

Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 

396 So.2d 878 ( La. 1981) ( per curiam) are not met. However, we

note that unless otherwise agreed to by the parties, the report

of a licensed mental health professional prepared pursuant to

La. R. S. 9: 331 (B) is not admissible unless the licensed mental

health professional is present at trial for crossexamination. See Barker v. Barker, 2014-0775 ( La. App. 1st Cir. 

11/7/14), 167 So.3d 703, 705; Evans v. Evans, 2017-0627 ( La. 

App. 4th Cir. 5/16/18), 247 So.3d 120, 124. 

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT

FOR THE COURT

PMc

CHH

SMM
[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Notices]
[Page 17119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07422]


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

SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Public Law 94-409, that the Securities 
and Exchange Commission will hold a Closed Meeting on Thursday, April 
2, 2015 at 2:00 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the Closed Meeting. 
Certain staff members who have an interest in the matters also may be 
present.
    The General Counsel of the Commission, or her designee, has 
certified that, in her opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the 
scheduled matter at the Closed Meeting.
    Commissioner Piwowar, as duty officer, voted to consider the items 
listed for the Closed Meeting in closed session, and determined that no 
earlier notice thereof was possible.
    The subject matter of the Closed Meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed, please contact the Office of the 
Secretary at (202) 551-5400.

    Dated: March 26, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-07422 Filed 3-27-15; 11:15 am]
BILLING CODE 8011-01-P
EXHIBIT 32 

SECTION 906 OF THESARBANES-OXLEY ACT OF 2002 

```

In connection with the Quarterly Report on Form 10-QSB of Alexandria Holdings, Inc. ("Registrant") for the quarterly period ended
September 30, 2003 as filed with the Securities and Exchange Commission on the date hereof ("Report"), I, Ruairidh Campbell, chief
executive officer and chief financial officer, hereby certify, pursuant to 18 U.S.C.ss.1350, as adopted pursuant toss.906 of the
Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

(1)      This Report complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
(2)      The information contained in this Report fairly represents, in all material respects, the financial condition of Registrant
         at the end of the period covered by this Report and results of operations of Registrant for the period covered by this
         Report.

/s/ Ruairidh Campbell
Ruairidh Campbell
Chief Executive Officer and Chief Financial Officer
October 30, 2003

This certification accompanies this Report pursuant toss.906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent
required by the Sarbanes-Oxley Act of 2002, be deemed filed by Registrant for the purposes ofss.18 of the Securities Exchange Act of
1934, as amended. This certification shall not be incorporated by reference into any filing under the Securities Act of 1933, as
amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of this Report), irrespective of
any general incorporation language contained in such filing.

A signed original of this written statement required byss.906 has been provided to the Registrant and will be retained by the
Registrant and furnished to the Securities and Exchange Commission or its staff upon request.
```
EX-10.11



  Exhibit 10.11 
 REGADO BIOSCIENCES, INC. 
 December 22, 2008 

David J. Mazzo, Ph.D. 
 Dear David: 

The following amendment to your employment agreement dated July 25, 2008 (the “Agreement”) is intended to comply with Section 409A of
the Internal Revenue Code of 1986, as amended. 
 This letter agreement amends the Agreement by deleting the first sentence in the fifth bullet
point and replacing it with the following: 
 In the event your employment is terminated by the Company (or its subsidiary)
without cause (as defined below), (A) you will receive payments equal to the sum of twelve (12) months of salary and the target bonus (less taxes and authorized deductions), to be paid bimonthly in accordance with the Company’s
customary payroll practices, commencing sixty (60) days following such termination of employment (the “Severance Payments”); and (B) if you then participate in the Company’s (or its subsidiary’s) medical and/or dental
plans and you timely elect to continue and maintain group health plan coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended, the Company (or its subsidiary) will pay monthly on your behalf a portion of the cost
of such coverage for the twelve (12) months after the date of your termination, which payments will be equal to the amount of the monthly premium for such coverage, less the amount that you would have been required to pay if you had remained an
active employee of the Company. Each of the Severance Payments shall be treated as a separate payment for purposes of Code Section 409A. 

Your entitlement to Severance Payments under the Agreement continues to be subject to your execution of a separation agreement and general release within
the time period specified in the Agreement. 
 The Agreement is further amended by adding the following paragraph at the end: 

This letter agreement is intended to comply with the requirements of Code Section 409A and regulations promulgated thereunder. To the
extent that any provision in this letter agreement is ambiguous as to its compliance with Code Section 409A, the provision shall be read in such a manner so that no payments due under this letter agreement shall be subject to an
“additional tax” as defined in Code Section 409A(a)(1)(B). In no event may you, directly or indirectly, designate the calendar year of payment. All reimbursements provided under this letter agreement shall be made or provided in
accordance with the requirements of Code Section 409A, including, where applicable, the requirement that (i) any reimbursement is for expenses incurred during your lifetime (or during a shorter period of time specified in this letter
agreement), (ii) the amount of expenses eligible for reimbursement during a calendar year may not affect the expenses eligible for reimbursement in any other calendar year, (iii) 







 Please indicate your acceptance of this amendment to the Agreement by signing this letter where indicated
below. 
  

	
	Sincerely,
	
	/s/ Dennis G. Podlesak
	Dennis G. Podlesak
	Chairman

  

									
	ACCEPTED:	 	/s/ David J. Mazzo	 		 	DATE:	 	 12/22/2008

		 	David J. Mazzo, Ph.D.	 		 		 	


  
 -2-
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D2024-1100

_____________________________

SUSAN MATTE,

Appellant,

v.

DAWN BARNES,

Appellee.

_____________________________

On appeal from the County Court for Santa Rosa County.

Robert Hilliard, Judge.

September 25, 2024

PER CURIAM.

DISMISSED.

ROBERTS, RAY, and TANENBAUM, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________

Susan Matte, pro se, Appellant.

Dawn Barnes, pro se, Appellee.