alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE JUNE 30,
1997 COMPANY FINANCIAL STATEMENTS OF ERGOBILT, INC. AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                       1,790,593
<SECURITIES>                                         0
<RECEIVABLES>                                4,496,929
<ALLOWANCES>                                         0
<INVENTORY>                                  2,306,193
<CURRENT-ASSETS>                             8,944,786
<PP&E>                                       3,137,574
<DEPRECIATION>                                 120,663
<TOTAL-ASSETS>                              22,986,059
<CURRENT-LIABILITIES>                        2,987,183
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           606
<OTHER-SE>                                  18,093,195
<TOTAL-LIABILITY-AND-EQUITY>                22,986,059
<SALES>                                      9,695,358
<TOTAL-REVENUES>                             9,695,358
<CGS>                                        5,225,064
<TOTAL-COSTS>                                5,225,064
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              20,896
<INCOME-PRETAX>                              1,745,408
<INCOME-TAX>                                   640,912
<INCOME-CONTINUING>                          1,104,496
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,104,496
<EPS-PRIMARY>                                      .20
<EPS-DILUTED>                                        0
        

</TABLE>
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

United States of America

 v. Case No. 08-cr-18-01-SM

Benjamin Varona

O R D E R

Defendant's assented-to motion to continue the trial (document no. 15) is

granted. Trial has been rescheduled for the February 2009 trial period. Defendant

shall file a Waiver of Speedy Trial Rights not later than December 22, 2008. On the

filing of such waiver, his continuance shall be effective.

The court finds that the ends of justice served by granting a continuance

outweigh the best interest of the public and the defendant in a speedy trial, 18 U.S.C.

§ 3161(h)(8)(B)(iv), in that failure to grant a continuance would unreasonably deny

the defendant the reasonable time necessary for effective preparation taking into

account the exercise of due diligence under the circumstances.

Case 1:08-cr-00018-SM Document 16 Filed 12/10/08 Page 1 of 2
2

Final Pretrial Conference: February 9, 2009 at 4:00 PM 

Jury Selection: February 18, 2009 at 9:30 AM

SO ORDERED.

December 10, 2008 _________________________

Steven J. McAuliffe

Chief Judge

cc: Counsel of Record

 U. S. Probation

 U. S. Marshal

Case 1:08-cr-00018-SM Document 16 Filed 12/10/08 Page 2 of 2
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

)

In re: )

)

SIMPLY MEDIA, INC., )

)

Debtor. )

)

)

STEVEN M. NOTINGER, as he is Trustee in )

Bankruptcy of Simply Media, Inc. and David )

D. Brown )

) Civil No. 08-cv-5-SM

Plaintiff )

)

v. )

)

CHRISTINA BROWN a/k/a CHRISTINA RAGO, )

individually and in her capacity as TRUSTEE OF )

FIRST MARCUS TRUST, ELIZABETH BROWN, )

MARIA SCHULMAN, ANGELIKA THUMM )

and KATHRYN SAN FILIPPO, )

Defendants. )

)

PRELIMINARY INJUNCTION AGAINST CHRISTINA BROWN, INDIVIDUALLY, 

AND AS TRUSTEE OF THE FIRST MARCUS TRUST

Upon the Motion (the “Motion”), dated June 17, 2008, of Steven M. Notinger, as he is 

the Trustee in Bankruptcy of David D. Brown and Simply Media, Inc. for a preliminary 

injunction, the Court grants the Motion as set forth below. 

NOW THEREFORE, IT IS HEREBY ORDERED that:

1. Christina Brown, in her capacity as Trustee of the First Marcus Trust, is 

preliminarily enjoined from taking any action to sell, convey, transfer or 

otherwise dispose of or encumber any part or all of the property located at 59 

South Great Road, Lincoln, Massachusetts. (For title see Deed dated February 14, 

Case 1:08-cv-00005-SM Document 76 Filed 06/18/08 Page 1 of 2
2

1992 to Glenn Shaye, as Trustee of the First Marcus Trust, recorded with 

Middlesex South Registry of Deeds on February 20, 1992 at Book 21775, Page 

503 and Appointment of Christina Brown as Successor Trustee dated February 

24, 1992 and recorded with Middlesex South Registry of Deeds on June 16, 1995 

at Book 25414, Page 107);

2. Christina Brown, individually, is preliminarily enjoined from transferring or 

encumbering any beneficial interest she may hold in the First Marcus Trust under 

Declaration of Trust dated February 14, 1992 and recorded with Middlesex South 

Registry of Deeds on February 20, 1992 at Book 21775, Page 491. 

3. Christina Brown is preliminarily enjoined from changing, in any manner, her 

status as sole Trustee of the First Marcus Trust.

Dated: June 18, 2008 /s/ Steven J. McAuliffe

 ___________________________ 

 Honorable Steven J. McAuliffe

 Chief Judge, United States District Court

Case 1:08-cv-00005-SM Document 76 Filed 06/18/08 Page 2 of 2
#### Juan Jose FLORES, Petitioner-Appellant, v. Michael MAHONEY, Warden, Montana State Prison, Respondent-Appellee.

No. 01-35897.

D.C. No. CV-00-00042-DWM.

United States Court of Appeals, Ninth Circuit.

Submitted March 10, 2003.*

Decided March 13, 2003.

Before CANBY, O’SCANNLAIN, and T.G. NELSON, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Juan Jose Flores appeals the district court’s dismissal of his § 2254 habeas petition challenging his Montana state conviction for aggravated assault. We have jurisdiction pursuant to 28 U.S.C. § 2253, and affirm.

The record supports the district court’s finding that Flores proeedurally defaulted his federal fair trial claim by failing to fairly present it to the Montana Supreme Court. *See Lyons v. Crawford,*232 F.3d 666, 668 (9th Cir.2000) (“[T]he petitioner must make the federal basis [of the claim] explicit either by citing federal law or the decisions of federal courts, even if the federal basis of a claim is “self-evident,” or the underlying claim would be decided un*347der state law on the same considerations that would control resolution of the claim on federal grounds.”) (internal citations omitted) *as amended by*247 F.3d 904 (9th Cir.2001); *see also Johnson v. Zenon,*88 F.3d 828, 829 (9th Cir.1996) (stating that a petitioner has not exhausted his state remedies as to a federal claim, if in his state petition he has merely asserted, without reference to federal constitutional law, that he was denied a fair trial).

Alternatively, Flores contends that even if the fair trial issue was not fairly presented, the Montana Supreme Court *sua sponte*considered the claim as arising under the fair and impartial trial clause of the U.S. Constitution. A review of the Montana Supreme Court’s decision in the matter does not support this contention.

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW HAMPSHIRE 

PFIP, LLC. 

 v. 

BODY TRANSIT, INC 

 d/b/a Rascals Fitness; and 

MARC POLIGNANO 

07-cv-365-JM

SPECIAL APPEARANCE

Please enter my special appearance for the defendant Marc Polignano. 

 Respectfully submitted, 

 

December 12, 2007 /s/_Andrew R. Schulman_________ 

 Andrew R. Schulman,, NH Bar 2276 

 Brian T. Lee, NH Bar 13883 

 GETMAN, STACEY, 

 SCHULTHESS & STEERE, P.A. 

 Three Executive Park Drive – Suite 9 

 Bedford, New Hampshire 03110 

 603/634-4300 

CERTIFICATE OF SERVICE

 I, Andrew R. Schulman, hereby certify that a copy of this Appearance was served on 

counsel for the plaintiff, Teresa C. Tucker, Esq., Grossman, Tucker, Perrault & Plfeger, PLLC, 

55 S. Commercial Street, Manchester, NH 03101, on December 12, 2007, via the Court’s ECF 

facilities. 

December 12, 2007 /s/_Andrew R. Schulman_________ 

Case 1:07-cv-00365-JM Document 10 Filed 12/12/07 Page 1 of 1
UNITED STATES DISTRICT COURT 

DISTRICT OF NEW HAMPSHIRE 

____________________________________ 

 ) 

UNITED STATES OF AMERICA, ) 

 ) 

 ) 

v. ) Docket No. 1:09 Cr-0054-PB 

 ) 

JERRY MARINO, ) 

 Defendant ) 

 ) 

____________________________________) 

ASSENTED-TO MOTION TO CONTINUE

APRIL 1, 2009 WAIVER AND PLEA HEARING

 NOW COMES the Defendant, Jerry Marino, by and through his attorney, Patrick E. 

Donovan, Esq., and respectfully submits this motion to continue the waiver and plea hearing 

currently scheduled for April 1, 2009. In support of this Motion, Accused submits the following: 

1. The Government has filed a single count of mail fraud against the Accused in the 

above referenced matter. 

2. This Court has scheduled a hearing for April 1, 2009 during which it is 

anticipated that the Accused will waive the indictment requirement and enter a plea of guilty 

to the pending charge. 

3. The Accused is required to travel by car from his residence in Florida to this 

Court to attend the hearing and enter the anticipated waiver and plea. 

4. Upon information and belief, the Accused’s wife is required to undergo an 

unanticipated medical procedure during the week of the hearing. Mrs. Marino’s medical 

condition and her convalescence will require that the Accused attend to the needs of his wife 

and their young daughter for a short period after April 1st

. 

Case 1:09-cr-00054-PB Document 8 Filed 03/27/09 Page 1 of 2
2 

5. As a result, the Accused’s family requires his presence in Florida for 

approximately thirty (30) days, thereby requiring a short continuance of the April 1st hearing. 

6. Undersigned counsel has discussed this motion and the requested relief with 

Assistant United States Attorney Robert M. Kinsella, who assents to the motion. 

WHEREFORE, the Accused requests that this Honorable Court: 

 A. Grant this motion; 

 B. Reschedule the waiver and plea hearing to a date after May 1, 2009; and 

C. Grant such further relief as may be deemed just and equitable. 

 Respectfully submitted, 

 Jerry V. Marino, 

 By His Attorney, 

 

 Law Office of Patrick E. Donovan, PLLC, 

 /s/ Patrick E. Donovan, Esquire 

 By: Patrick E. Donovan, Esquire 

 NH Bar ID No: 8532 

 23 Main Street 

 Salem, NH 03079 

 TEL: (603) 893-1177 

 FAX: (603) 893-5553 

CERTIFICATE OF SERVICE

 I, Patrick E. Donovan, Esquire, hereby certify that a duplicate of this Appearance was, 

this 27th day of March, 2009, electronically served upon Robert M. Kinsella, Assistant U.S. 

Attorney, Department of Justice, Concord, New Hampshire. 

/s/ Patrick E. Donovan, Esquire

Patrick E. Donovan 

Case 1:09-cr-00054-PB Document 8 Filed 03/27/09 Page 2 of 2
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1877 Referred in Senate (RFS)]

  2d Session
                                H. R. 1877

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2002

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

 
 To amend title 18, United States Code, to provide that certain sexual 
 crimes against children are predicate crimes for the interception of 
                communications, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Sex Crimes Wiretapping Act of 
2002''.

SEC. 2. AUTHORIZATION OF INTERCEPTION OF COMMUNICATIONS IN THE 
              INVESTIGATION OF SEXUAL CRIMES AGAINST CHILDREN.

    (a) In General.--Section 2516(1)(c) of title 18, United States 
Code, is amended--
            (1) by striking ``2251 and 2252'' and inserting ``2251, 
        2251A, 2252, and 2252A''; and
            (2) by inserting ``section 2423(b) (relating to travel with 
        intent to engage in a sexual act with a juvenile),'' after 
        ``motor vehicle parts),''.
    (b) Transportation for Illegal Sexual Activity.--Section 2516(1) of 
title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (q);
            (2) by inserting after paragraph (q) the following:
            ``(r) a violation of section 2422 (relating to coercion and 
        enticement) and section 2423(a) (relating to transportation of 
        minors) of this title, if, in connection with that violation, 
        the intended sexual activity would constitute a felony 
        violation of chapter 109A or 110, including a felony violation 
        of chapter 109A or 110 if the sexual activity occurred, or was 
        intended to occur, within the special maritime and territorial 
        jurisdiction of the United States, regardless of where it 
        actually occurred or was intended to occur; or''; and
            (3) by redesignating paragraph (r) as paragraph (s).

            Passed the House of Representatives May 21, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```
### IN THE S UP REME COURT OF TENNESS EE AT NAS HVILLE O ct obe r 5, 200 5 S es sio n STATE OF TENNESS EE v . WI LLI AM GLENN ROG ERS A ut om at ic A pp ea l f

ro m t he C ou rt

of C ri m in al A pp ea ls Circ uit C ourt f

or Mont gom ery C ounty N o. 389 39 R ob er t W. We de m ey er , Ju dg e

No. M2002- 01798-SC-DDT-D D 

### - F ile d F eb ru ar y 17 , 200 6

AD OLPHO A. B I RCH , JR., J., c on c ur ri ng in p art

a nddis se nti ng in p art . I concur in the conclusion of the ma jority that R o ger s ’ convictions shoul d be af firmed. As to the sentenc e of de ath, howeve r, I respe ctfully

dissent. I

continue to adhe re to my view that the c omp arativ e pr op ortio na lity re vie w p ro toc ol c ur

re ntl y e mbr a c e d b y

thema jority is i na de qu a te to sh ie ld d e fe nd a nts fr om the arb itr ary a nd dis pr op ortio nate imp os iti on of the de a th pe na lty . Se e State v. Reid, 1 6 4 S
. W
. 3 d2 8 6 , 3 2 3 -3 2 5 (T en n . 2 0 0 5 )( Bi rc h , J
. , co n cu rr i n g an dd i s s en t i n g), an dca s es ci ted there in. Accor dingly , I

respe ctfully

dissent f rom that portion of the majority opinion affirming the imposit ion of the death penalty in this case.

___________________________________

AD OLPHO A. B I RCH , JR.
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Christopher Palermo

V .

Rockingham County Department of

Corrections. Superintendent, et al .

Civil No . 08-cv-87-JD

ORDE R

I herewith approve the Report and Recommendation of Magistrate Judge

Muirhead dated January 13, 2009, no objection having been filed .

SO ORDERED.

February 3, 2009 /s/JosephA. DiClerico, Jr.

Joseph A. DiClerico, Jr.

United States District Judg e

cc: Christopher Palermo, pro se

Brian J. S . Cullen, Esq.

Case 1:08-cv-00087-JD Document 25 Filed 02/03/09 Page 1 of 1
B.2. Delinquent Non-real-estate Farm Loans Held by Insured Commercial Banks

Share of outstanding farm production

Estimated volume (billions of dollars) loans (percent)

Nonperforming Nonperforming 

Past due Past due

30 to 89 Past due 30 to 89 Past due

days, 90 days, Non- days, 90 days, NonPeriod Total accruing Total accruing accruing Total accuring Total accruing accruing

1993...... .8 .3 .5 .1 .4 2.2 .8 1.4 .2 1.2

1994...... .8 .3 .4 .1 .3 2.0 .9 1.1 .2 .9

1995...... .8 .4 .4 .1 .3 2.1 .9 1.1 .3 .9

1996...... 1.0 .5 .5 .1 .4 2.4 1.2 1.3 .3 1.0

1997...... .9 .4 .5 .1 .4 2.0 .9 1.1 .2 .9

1998...... 1.0 .5 .5 .1 .4 2.2 1.0 1.2 .3 .9

1999...... .9 .3 .6 .1 .5 2.1 .8 1.3 .2 1.1

2000...... 1.0 .4 .6 .1 .5 2.1 .9 1.2 .2 1.0

2001...... 1.3 .5 .7 .1 .6 2.7 1.2 1.5 .2 1.3

2002...... 1.2 .5 .7 .1 .6 2.6 1.0 1.6 .3 1.3

2003...... 1.0 .4 .7 .1 .5 2.3 .8 1.5 .3 1.2

1996: Q3... 1.0 .3 .6 .2 .4 2.3 .8 1.5 .4 1.0

 Q4... 1.0 .5 .5 .1 .4 2.4 1.2 1.3 .3 1.0

1997: Q1... 1.3 .7 .6 .2 .4 3.3 1.7 1.5 .5 1.0

 Q2... 1.0 .4 .6 .2 .4 2.4 1.0 1.4 .5 .9

 Q3... .9 .3 .6 .1 .4 2.0 .7 1.3 .3 .9

 Q4... .9 .4 .5 .1 .4 2.0 .9 1.1 .2 .9

1998: Q1... 1.3 .8 .6 .2 .4 3.2 1.8 1.3 .4 .9

 Q2... 1.1 .5 .6 .2 .4 2.4 1.1 1.3 .5 .8

 Q3... 1.0 .4 .6 .2 .4 2.1 .8 1.3 .4 .9

 Q4... 1.0 .5 .5 .1 .4 2.2 1.0 1.2 .3 .9

1999: Q1... 1.6 .9 .7 .2 .4 3.7 2.1 1.5 .5 1.0

 Q2... 1.3 .5 .7 .2 .5 2.8 1.2 1.6 .5 1.1

 Q3... 1.0 .4 .6 .2 .5 2.2 .8 1.4 .4 1.0

 Q4... .9 .3 .6 .1 .5 2.1 .8 1.3 .2 1.1

2000: Q1... 1.3 .6 .6 .2 .5 3.0 1.5 1.5 .4 1.1

 Q2... 1.0 .4 .6 .1 .4 2.2 .9 1.3 .3 1.0

 Q3... .9 .3 .6 .1 .5 1.9 .7 1.2 .2 1.0

 Q4... 1.0 .4 .6 .1 .5 2.1 .9 1.2 .2 1.0

2001: Q1... 1.7 1.0 .8 .2 .6 3.9 2.2 1.7 .4 1.3

 Q2... 1.4 .6 .8 .2 .6 2.9 1.2 1.8 .4 1.3

 Q3... 1.3 .5 .8 .2 .7 2.8 1.0 1.8 .4 1.4

 Q4... 1.3 .5 .7 .1 .6 2.7 1.2 1.5 .2 1.3

2002: Q1... 1.7 .9 .8 .2 .6 3.9 2.1 1.8 .4 1.4

 Q2... 1.4 .5 .8 .2 .6 2.9 1.2 1.8 .5 1.3

 Q3... 1.3 .4 .8 .2 .6 2.7 .9 1.8 .4 1.4

 Q4... 1.2 .5 .7 .1 .6 2.6 1.0 1.6 .3 1.3

2003: Q1... 1.7 .9 .8 .2 .6 4.0 2.1 1.9 .4 1.5

 Q2... 1.4 .5 .9 .2 .7 3.1 1.1 2.0 .5 1.5

 Q3... 1.2 .4 .8 .2 .6 2.7 .9 1.8 .4 1.4

 Q4... 1.0 .4 .7 .1 .5 2.3 .8 1.5 .3 1.2

 Note. Data are estimates of the national totals for non-real-estate farm loans. Reported amounts are adjusted to exclude foreign

results for large banks that report farm delinquencies on a consolidated basis and for small banks that are allowed to report

delinquencies according to their internal definition of agricultural loans. Yearly data are as of December 31. Quarterly data

are as of end of quarter.

22
#### Anastasia Archer, Appellant, v New York City Transit Authority, Respondent.

[806 NYS2d 582]

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered August 10, 2004, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

Defendant’s bus stopped in advance of a bus stop to let passengers off, two to three feet from the curb at the intersection of 145th Street and Eighth Avenue. Plaintiff stepped down from the rear exit of the bus into a pothole and fell, injuring her ankle.

Defendant moved for summary judgment on the ground that it did not own or maintain the street where plaintiff fell. The court granted the motion, holding, “[t]here is no evidence to show that [New York City Transit Authority (NYCTA)] had any notice of the condition that caused the accident nor is there evidence to show that the property where the accident occurred belonged to [NYCTA].”

*352The court misapprehended the duty owed to the plaintiff by the defendant common carrier.

Our recent decision in *Malawer v New York City Tr. Auth.*(18 AD3d 293 [2005]) is determinative of the instant appeal. In *Malawer,*we noted that the plaintiff was allegedly left to disembark on an icy subway grating, upon which he fell. We reversed the grant of summary judgment in favor of the NYCTA, holding: “[a] common carrier owes a duty to its passengers to stop at a place where they may safely disembark and leave the area. Liability rests upon a ‘finding that the placement of the bus dictates that the passenger, in order to board [or exit] the bus, must negotiate a dangerous or defective path.’ Whether a common carrier has breached its duty in this regard is generally a question of fact to be determined by the jury. To prevail on their motion for summary judgment, defendants were required to set forth evidentiary facts sufficient to entitle them to judgment as a matter of law (CPLR 3212 [b]). Defendants did not meet this burden.” (18 AD3d at 294-295 [citations omitted]). The mere fact that Archer did not see the pothole in time as she stepped off of the bus rear exit door some three feet from the curb does not negate the inference that the bus driver could have been aware of the hazard. Therefore a question of fact exists precluding summary judgment.

This holding is in accord with recent appellate decisions *(Miller v Fernan,*73 NY2d 844, 846 [1988]; *see Jenkins v New York City Tr. Auth.,*262 AD2d 455 [1999]). Concur—Mazzarelli, J.P., Saxe, Sweeny, Catterson and Malone, JJ.
Exhibit 32.1

                CERTIFICATIONS UNDER SECTION 906

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and
(b) of section 1350, chapter 63 of title 18, United States Code), each of the
undersigned officers of GK Intelligent Systems,, Inc., a Delaware corporation
(the "Company"), does hereby certify, to such officer's knowledge, that:

The Quarterly Report for the quarter ended June 30, 2004 (the "Form 10-QSB")
of the Company fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934, and the information contained in the
Form 10-QSB fairly presents, in all material respects, the financial condition
and results of operations of the Company.

Dated:  August 18, 2004




                                By    /s/ Gary F. Kimmons
                                      -----------------------------------
                                      Gary F. Kimmons
                                      President, Chief Executive Officer
                                      and Chief Financial Officer
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 Quarterly Report of Western Pennsylvania Adventure Capital Fund, LLC on Form 10-Q for the period ended September 30, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, G. Richard Patton, President, Chief Executive Officer of Western Pennsylvania Adventure Capital Fund, LLC certify to the best of my knowledge, pursuant to 18 U.S.C.
(S) 1350, as adopted pursuant to (S) 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 Western Pennsylvania Adventure Capital Fund,
LLC.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                               
|-----------------------------------------------
|/s/ G. Richard Patton                          
|G. Richard Patton                              
|President, Chief Executive Officer and Director
|                                               
|November 8, 2005                               



A signed original of this written
statement required by Section 906 has been provided to Western Pennsylvania Adventure Capital Fund, LLC and will retained by Western Pennsylvania Adventure Capital Fund, LLC and furnished to the Securities and Exchange Commission or its staff
upon request.