alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Potter Title & Trust Co., Appellant, *v.*Quilter.

*Mortgages*— Defenses—Payment—Evidence—Admissibility.

On a scire facias sur mortgage given by a sister to her brother, both dead at the time the writ issued, to secure money which she borrowed for the purchase of the mortgaged premises in which she lived with him, evidence of f.aets, circumstances and declarations by the parties, from which could be inferred an agreement by the brother that amounts due the sister for board should go in liquidation of the mortgage was admissible in support of the defense of payment and was not objectionable as an attempt to vary by parol the terms of a written instrument.

Argued Oct. 14, 1914.

Appeal, No. 92, Oct. T., 1914, by plaintiff, from judgment of O. P. Allegheny Co., April T., 1912, No. 1998, on verdict for defendant, in case of Potter Title & Trust Company, Administrator of the Estate of Lawrence P. Mangan, Deceased, v. Richard J. Quilter, Executor of the Estate of Bridget E. Mangan, Deceased.

Before Fell, C. J., Brown, Potter, Elkin and Moschzisker, JJ.

Affirmed.

Scire facias sur mortgage. Before Carnahan, J.

The opinion of the Supreme Court states the facts.

Verdict for defendant and judgment thereon. Plaintiff appealed.

*Errors' assigned*were rulings on evidence referred to in the opinion of the Supreme Court.

*356*W. Héber Ditrich,*with him *Thomas & Arthur,*for appellant.

*Samuel H. Gardner,*with him *Edward J. I. Garmon,*for appellee.

January 2, 1915:

Per Curiam,

The parties to the mortgage on which action was brought were sister and brother and both had died before the scire facias issued. Each had a small income from separate earnings and they had lived together a number of years in a house owned, furnished and maintained by the sister and paid for in part with money borrowed from her brother and Secured by the mortgage in suit. The defense was payment and in support thereof testimony was offered to show facts and circumstances and declarations of the parties from which an agreement by the brother that the amounts due for board should go in liquidation of the mortgage, might be implied. - The ádmission of this testimony is' the only error assigned. It was objected to as an attempt to vary by parol the terms of a written agreement. It was not offered or admitted for that purpose but to show payment in a manner agreed to and carried into effect by the parties. For this it was admissible: Somerset Colliery Co. v. John, 219 Pa. 380.

The judgment is affirmed.
EXHIBIT 21  MATERIAL SUBSIDIARIES OF THE REGISTRANT

|Subsidiary                              |  | State or Country
of Incorporation |  | Percentage of
Ownership
|--------------------------------------- |  | --------------------------------- |  | -----------------------
|Advanced Enterprise Solutions, Inc.     |  | Delaware                          |  | 100                    
|Banner Solutions Limited                |  | United Kingdom                    |  | 100                    
|Knowledge Revolution, Inc.              |  | California                        |  | 100                    
|MARC Analysis Research Corporation      |  | California                        |  | 100                    
|MARC Overseas, Inc.                     |  | California                        |  | 100                    
|MSC Acquisition II Corp.                |  | Delaware                          |  | 100                    
|MSC Brasil Software e Engenharia Ltda.  |  | Brazil                            |  | 100                    
|MSC International Company               |  | California                        |  | 100                    
|MSC.Software AS                         |  | Norway                            |  | 100                    
|MSC.Software Australia Pty Ltd.         |  | Australia                         |  | 51                     
|MSC.Software B.V.                       |  | Netherlands                       |  | 100                    
|MSC.Software China (Hong Kong) Limited  |  | Hong Kong                         |  | 100                    
|MSC.Software GmbH                       |  | Germany                           |  | 100                    
|MSC.Software Korea Corporation          |  | Korea                             |  | 51                     
|MSC.Software Limited                    |  | United Kingdom                    |  | 100                    
|MSC.Software Ltd.                       |  | Japan                             |  | 100                    
|MSC.Software Partner Solutions GmbH     |  | Germany                           |  | 100                    
|MSC.Software Partner Solutions S.A.R.L. |  | France                            |  | 100                    
|MSC.Software S.r.l.                     |  | Italy                             |  | 100                    
|MSC.Software s.r.o.                     |  | Czech Republic                    |  | 100                    
|MSC.Software SARL                       |  | France                            |  | 100                    
|MSC.Software Simulating Reality, S.A.   |  | Spain                             |  | 100                    
|MSC.Software Sp. zo.o                   |  | Poland                            |  | 100                    
|PDA Engineering                         |  | California                        |  | 100                    
|PDA Engineering International           |  | California                        |  | 100                    
|Tyra Technologies, Inc.                 |  | California                        |  | 100                    

---

QuickLinks
EXHIBIT 10.3




                                                              March 15, 2000


Richard Beckwitt
1901 Ascension Blvd., Suite 100
Arlington, Texas  76006

Dear Rick,

         In connection with your  resignation as an officer and employee of D.R.
Horton,  Inc. (the "Company"),  you and the Company hereby agree that your bonus
for the fiscal year 2000 under the D.R.  Horton,  Inc. 2000 Incentive Bonus Plan
(the "Plan") shall be 45.83% of whatever Donald J. Tomntiz  ("Tomnitz") would be
entitled  to receive  under the Plan,  assuming  that he remained an employee in
good  standing  with the  Company  throughout  the fiscal  year  (subject to any
adjustments to Tomnitz's award permitted or required under the Plan).

         In the event  Tomnitz's  bonus is for less than a full fiscal year, for
the  purpose  of  calculating  your  bonus  in  accordance  with  the  preceding
paragraph, the amount of Tomnitz's bonus shall be annualized.  That is, it shall
be multiplied by a fraction, the numerator of which is the number of days in the
fiscal year,  and the  denominator  of which is the number of days in the fiscal
year for which Tomnitz received a bonus. That amount shall then be multiplied by
45.83% to determine your bonus.

         This  letter  agreement  is entered  into  subject to  approval  of the
Compensation Committee.  Please confirm your agreement to this letter by signing
in the space provided below.

                                                 Very truly yours,

                                                 D.R. HORTON, INC.



                                                 By:   /s/ Donald R. Horton
                                                     -----------------------
                                                      Donald R. Horton,
                                                      Chairman of the Board


AGREED TO:         /s/ Richard Beckwitt
                 -------------------------
                    Richard Beckwitt
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Action No. 11-cr-00355-MSK

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. WAUNITA WEINGART

2. JOHN PHILLIP GALLEGOS

3. ALOIS CRAIG WEINGART

Defendants.

UNOPPOSED REQUEST FOR LEAVE TO APPEAR TELEPHONICALLY FOR HEARING 

SCHEDULED MONDAY, SEPTEMBER 17, 2012

Darlene Bagley, counsel for Defendant John Gallegos, hereby requests leave of 

this Court to appear via telephone for the hearing scheduled Monday, September 17, 

2012. As grounds, counsel states as follows:

1. On September 6, 2012, counsel received this Court’s order via ECF 

setting a non-evidentiary hearing on the law and motion calendar for scheduling 

purposes pertaining to the Amended Motion for Daubert Hearing under Fed. R. Evid. 

702. [Doc. 141] Pursuant to said order, the hearing was set for Monday, September 

17, 2012, at 9:00 a.m.

2. Undersigned counsel respectfully requests permission from this Court to 

appear via telephone for this hearing. Prior to this Court setting this hearing, she made 

plans to be out-of-town on September 17, 2012. She can be present by phone, and cocounsel William Taylor will be present in court along with Mr. Gallegos. 

3. If authorized to appear by phone, counsel will call in to Ms. Glover, as 

Case No. 1:11-cr-00355-MSK Document 142 filed 09/07/12 USDC Colorado pg 1 of 3
directed in MSK. Cr. Practice Standard II.B.3, to arrange for the telephonic appearance.

4. Counsel has conferred with Linda Kaufman and Marty Paluch, the 

assigned Assistant United States Attorneys, who have authorized counsel to state that 

they do not oppose this request.

WHEREFORE, Darlene Bagley, counsel for Mr. Gallegos, respectfully requests

leave of this Court to appear via telephone at the upcoming hearing on September 17, 

2012.

Respectfully submitted this 7th day of September, 2012.

/s/ William L. Taylor 

William L. Taylor, #21098

/s/ Darlene A. Bagley 

Darlene A. Bagley, #35728

Ridley, McGreevy & Winocur P.C.

303 16th Street, Suite 200

Denver, CO 80202

(303) 629-9700

Case No. 1:11-cr-00355-MSK Document 142 filed 09/07/12 USDC Colorado pg 2 of 3
CERTIFICATE OF SERVICE

I hereby certify that on this 7th day of September, 2012, I served a true and 

correct copy of the foregoing Unopposed Request for Leave to Appear 

Telephonically for Hearing Scheduled Monday, September 17, 2012, via CM/ECF 

filing addressed to all counsel/parties subscribed for service of CM/ECF filings in this 

matter.

/s/ Suzy M. Kamps

Suzy M. Kamps

Case No. 1:11-cr-00355-MSK Document 142 filed 09/07/12 USDC Colorado pg 3 of 3
GRANTED The moving party is hereby OR-DERED

to providc a copy ofthls Order to rny pro

se partles who have entered rn

ippearlnce in this action wlthin l0 days

from the date ofthis order. Dennis Jo Hall

Jefferson District COurt Judge

DATE OF ORDERINDICATED ON AT「 ACHMENT

OF COLORADO

Court Address: 10o Jefferson COunty Parkway

Golden,Colorado 80401

Phone Numberi(303)271-6145

Plainti∫∫:

GEORGE MAGNANI

V.

Defendant:

MARIE DALTON

(iO JcffersOn(:oullty District COurt ist

Filing Datc:Nov 18 2011 8:43Aヽ 1■lST

Fili:lg ID:40959650

Rcvicw Clcrk:Roxanna卜 IC

▲ COURT USE ONLY▲

D

Casc No.:201lCV2134

Divi ctm:

ORDER GRANTING DEFAULT JUDGMENT AGAINST DEFENDANT PIARIE

DALTON

The District Court, having examined the file of the above captioned case and the documents

contained therein, finds that Marie Dalton was served with Plaintiff s Complaint on September 20, 20ll via substituted service, more than 20 days have expired from the date of service, and no

responsive pleadings have been filed.

Therefore, the Court orders as follows:

Judgment is hereby entered in favor of Plaintiff George Magnani.

Default judgment is hereby granted against Defendant Marie Dalton.

Venue has been considered and is proper.

Plaintiff George Magnani is entitled to the full amount of $540,000.00, which represents

his principal invesfinent of $100,000.00 plus twenty-percent monthly interest from

December 12,2009 to December 12,2010 on that investment pursumt to the terms of the

Agreement entered into between the parties.

Pursuant to C.R.S. $ l8-4-405, Paintiff is entitled to treble damages on all actual damages

in the amount of $ 1,620,000.00.

In light of the facts presented in this case, the Court frnds that Marie Dalton was

improperly transferred, has improperly exercised control over, and did convert at least

$910,356.44 from fuchard Dalton/Universal ConsultingResources,Inc., whichrepresents

investor funds that should have been issued to Plaintiff.

1

2

3.

4.

5.

6.

§ GOVERNMENT

目 EXHIBIT

l 13

8

V

Case No. 1:11-cv-02106-PAB-CBS Document 78-13 filed 10/24/13 USDC Colorado pg 1

of 2
7

′

Therefore, Plaintiffis entitled to and awarded $910,356.44 from Defendant.

PlaintiffGeorge Magnani is arso entitred to attomeys' fees and costs that have accrued up

to the date of the entry of this judgment, in support of which plaintifls counsel shail

provide a verified statement within fifteen (15) days ofthe entry of this order.

Finally' Plaintiff will be entitled to post-judgment interest on this award in the amounr of

eight-percent per annum.

Intotal, Plaintiffceorge Magnani is awarded $910,356.44 in damages, plus attomeys fees

and costs to be assessed hereafter, prus post-judgment interest fr-om the date of iefaurt judgment at the rate of eight-percent per annum.

9

10

Dated this 2011

BY THE COURT:

Distnct Court Judge

Case No. 1:11-cv-02106-PAB-CBS Document 78-13 filed 10/24/13 USDC Colorado pg 2

of 2
Release dates | Full version (300 KB PDF)Actions by the Board | Actions   under delegated authority  Applications and reports:Boston |New York |Philadelphia |Cleveland |Richmond |AtlantaChicago |St. Louis |Minneapolis |Kansas City |Dallas |San FranciscoDistrict: 8Federal Reserve Bank of: St. LouisFilings received during the week ending July 3, 2010FilerFiling TypeFiling ProposalEnd of Comment PeriodNONE
IN THE SUPREME COURT OF PENNSYLVANIA

IN RE:

AMENDMENT OF RULE 219 OF THE

PENNSYLVANIA RULES OF

DISCIPLIN A RY ENFORCEMENT :

:

:

:

: NO. 222

DISCIPLINARY RULES DOCKET

ORDER

PER CURIAM

AND NOW , this 9 th day of May , 20 2 2 , upon the recommendation of the Disciplinary

Board of the Supreme Court of Pennsylvania ; the proposal having been submitted without

publication in the interests of justice and efficient administration pur suant to Pa.R.J.A. No.

103(a)(3),

IT IS ORDERED pursuant to Article V, Section 10 of the Constitution of

Pennsylvania that Rule 219 of the Rules of Disciplinary Enforcement is amended in the

attached form.

This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b) and shall

be effective immediately

.

Additions to the rules are in bold and are underlined.

Deletions from the rules are shown in bol d and brackets.
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the Annual Report on Form 10-K of First National Corporation for the year ended December 31, 2006, I, M. Shane Bell, Executive
Vice President and Chief Financial Officer of First National Corporation, hereby certify pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:



|(1) | such Form 10-K for the year ended December 31, 2006, 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 such Form 10-K for the year ended December 31, 2006, fairly presents, in all material respects, the financial condition and results of operations
of First National Corporation.
|--- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |                                                     
|-------------------- |  |  |  | ----------------------------------------------------
|                     |  |  |  | /s/ M. Shane Bell                                   
|Date: March 23, 2007 |  |  |  | Executive Vice President and Chief Financial Officer



73
Case No. 1:11-cr-00355-MSK Document 15 filed 09/07/11 USDC Colorado pg 1 of 9
Case No. 1:11-cr-00355-MSK Document 15 filed 09/07/11 USDC Colorado pg 2 of 9
Case No. 1:11-cr-00355-MSK Document 15 filed 09/07/11 USDC Colorado pg 3 of 9
Case No. 1:11-cr-00355-MSK Document 15 filed 09/07/11 USDC Colorado pg 4 of 9
Case No. 1:11-cr-00355-MSK Document 15 filed 09/07/11 USDC Colorado pg 5 of 9
Case No. 1:11-cr-00355-MSK Document 15 filed 09/07/11 USDC Colorado pg 6 of 9
Case No. 1:11-cr-00355-MSK Document 15 filed 09/07/11 USDC Colorado pg 7 of 9
Case No. 1:11-cr-00355-MSK Document 15 filed 09/07/11 USDC Colorado pg 8 of 9
Case No. 1:11-cr-00355-MSK Document 15 filed 09/07/11 USDC Colorado pg 9 of 9
Release dates |     Full version (300 KB PDF)Board Actions |     Actions under delegated authority        Applications and reports received:Boston | New York | Philadelphia   | Cleveland | Richmond   | AtlantaChicago | St. Louis | Minneapolis   | Kansas City | Dallas   | San Francisco

# Board Actions

## Actions taken during the week ending July 30, 2022

----

Forms            Forms -- initial Board review to extend without revision the Savings Association Holding Company Report (FR LL-(b)11).            -Approved, July 26, 2022                        Forms -- final Board review to extend with revision the Request for Extension of Time to Dispose of Assets Acquired in Satisfaction of Debts Previously Contracted (FR 4006).            -Approved, July 26, 2022                        Forms -- final Board review to extend without revision the Interagency Policy Statement on Funding and Liquidity Risk Management (FR 4198).            -Approved, July 26, 2022                        Forms -- final Board review to extend without revision the Recordkeeping Provisions Associated with Guidance on Leveraged Lending (FR 4203).            -Approved, July 26, 2022            Personnel            Division of Reserve Bank Operations and Payment Systems -- appointment of Laura Mayer as assistant director for a one-year assignment.            -Approved, July 27, 2022            Supervision and Regulation            Voyager Digital, LLC, Jersey City, New Jersey -- joint letter demanding Voyager Digital cease and desist from making false or misleading representations of deposit insurance status.            -Announced, July 28, 2022            Enforcement            United Bank of El Paso del Norte, El Paso, Texas -- cease-and-desist order dated December 30, 2019, terminated July 18, 2022.            -Announced, July 28, 2022            
Release dates |     Full version (300 KB PDF)Board Actions |     Actions under delegated authority    Applications and reports received:
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 Mobius Management Systems, Inc. (the
"Company") on Form 10-Q for the period ending March 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Mitchell Gross, 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:

      (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.



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



/s/ Mitchell Gross
---------------------------
Mitchell Gross
Chief Executive Officer
May 10, 2005
GENWORTH FINANCIAL, INC.  


        This Corporation will furnish without charge to each stockholder who so requests, a copy of the designations, powers, preferences and relative, participating,
optional or other special rights of each class of stock or series thereof and the qualifications, limitations or restrictions of such preferences and/or rights. Any such requests may be addressed to
the Secretary of the Corporation. 


        The
following abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they were written out in full according to applicable laws or
regulations: 



	TEN COM

TEN ENT

JT TEN	 	—

—

—	 	as tenants in common

as tenants by the entireties

as joint tenants with right of survivorship and not as tenants in common	 	UNIF GIFT MIN ACT	 	—	 	                 Custodian                 

(Cust)                                (Minor)

under Uniform Gifts to Minors

Act                             

        (State)
	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	UNIF TRF MIN ACT	 	—	 	             Custodian (until age         )

(Cust)

                under Uniform Transfers

(Minor)

to Minors Act                         

                            (State)




Additional
abbreviations may also be used though not in the above list. 


For
Value received,                                  hereby sell, assign and transfer
unto 



	PLEASE INSERT SOCIAL SECURITY OR OTHER

IDENTIFYING NUMBER OF ASSIGNEE	 	 	 	 
	
	 	 	 	 
	 	 	 	 	 
	
	 	 	 	 
	 	 	 	 	 
	
 PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING POSTAL ZIP CODE, OF ASSIGNEE
	 	 	 	 	 
	

	 	 	 	 	 
	
	 	Shares
	 	 	 	 	 
	of Class A Common Stock represented by the within Certificate, and do hereby irrevocably constitute and appoint
	 	 	 	 	 
	
	 	Attorney
	 	 	 	 	 
	to transfer the said shares on the books of the within named Corporation with full power of substitution in the premises.





	 	 	 	 	 	 	 
	

Dated	
 	

	
 	

 	
 	

 
	 	 	 	 	X 

	 	 	 	 	 	 	 
	 	 	 	 	X 

	 	 	 	 	NOTICE:	 	THE SIGNATURE(S) TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME(S) AS WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR WITHOUT ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATEVER.





Signature(s) Guaranteed:  



	 By	 	
 THE SIGNATURE(S) MUST BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (BANKS, STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH MEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEE MEDALLION
PROGRAM), PURSUANT TO S.E.C. RULE 17Ad-15.




BANKNOTE CORP. OF AMERICA o WALL STREET (NYC) o BROWNS SUMMIT (NC) o GENWORTH FINANCIAL INC o 1-403023-942 o PROOF #3 o 6:20 AM o 4/27/04 o DPA o