alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 5
AUG 3 1 2020

S. HARVEY, JR.

CONTROL NO. 20080358 CIVIL TRIAL DIVISION

v. COMMERCE PROGRAM

PHILADELPHIA INDEMNITY INSURANCECOMPANY

Defendants

ORDER

AND NOW, this 3 1st day ofAugust, 2020, upon consideration of the preliminary

objections filed by defendant Philadelphia Indemnity Insurance Company to plaintiffs amendedcomplaint, and any response thereto, it is hereby

Ridley Park Fitness, LI-ORDER

ORDERED

l that the preliminary objections are OVERRULED, without prejudice. 20050109300043

1 Pursuant to Pa. R.C.P. 1028(a)(4), a party may raise a preliminary objection due to legal

insufficiency of a pleading (demurrer). When considering preliminary objections, all material

facts and reasonable inferences set forth in the challenged complaint must be admitted as true.Haun v. Cmty. Health Sys. Inc.. 14 A.3d 120, 123 (Pa. Super. 201 1) (citation omitted). A courtmay not consider facts that are not contained within the challenged pleading. See Detweiler v.

School Dist. Of Borough of Hatfield, et al.. 104 A.2d 110, 113 (Pa. 1954). Additionally, a court

need not accept conclusions of law. See Dominski v. Garrett 419 A.2d 73, 75 (Pa. Super. 1980).

This litigation arises from the denial of insurance coverage for business losses at a fitness

center as a result of the COVID-19 pandemic and the resulting state and local orders mandating

that all non-essential businesses be temporarily closed. Defendant alleges in the instant

preliminary objections that plaintiffs failure to attach the insurance agreement in total

constitutes a failure to plead, which defendant has cured by attaching the agreement in full, thatcertain clauses including a virus exclusion and "direct physical loss" bar coverage, and finally,that plaintiff is not entitled to a declaratory judgment.

At this very early stage, it would be premature for this court resolve the factual

determinations put forth by defendants to dismiss plaintiffs claims. Taking the factualallegations made in plaintiffs complaint as true, as this court must at this time, plaintiff has

20050109300043
successfully pled to survive this stage ofthe proceedings. As such, the preliminary objections are

overruled.
**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 United PanAm Financial Corp. (the
“Company”) on Form 10-Q for the quarter ending March 31, 2008 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, Ray
      Thousand, certify in my capacity as Chief Executive Officer and President of
      the
      Company, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the
      Sarbanes-Oxley Act of 2002, that:




(a)
            The
                Report fully complies with the requirements of Section 13(a) or 15(d)
                of the Exchange Act of 1934, as amended, and




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




IN
      WITNESS WHEREOF, the undersigned has hereunto signed this Certification as
      of
      May 8, 2008.




/s/    Ray
                Thousand**Ray
                Thousand****Chief
                Executive Officer and
                President**
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 16**  **- 6953** 

DANNY MCCOY MILES, JR. , Plaintiff

- Appellant ,
v. DR. TAYLOR, Doctor at Western Tidewater Regional Jail; MRS. DARDEN, Head of Medical at Western Tidewater Regional Jail , Defendants

- Appellees
.

Appeal from the United States District Court for the Eastern District of Virginia , at Alexandria
. Leonie M. Brinkema , District Judge. ( 1:16

- cv - 00602

- LMB

- JFA )

Submitted : October 1 8 , 2016 Decided: October 21, 2016

Before WILKINSON , KING , and FLOYD , Circuit Judges.

Affirmed by un published per curiam opinion
. Danny McCoy Miles, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Danny McCoy Miles, Jr. appeals the district court ’ s order denying relief on his 42 U.S.C. § 1983 (20 12 ) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district
court. Miles v. Taylor , No. 1:16

- cv - 00602

- LMB

- JFA (E.D. Va. July 6, 2016) . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before th is court and argument would not aid the decisional
process.
AFFIRMED
IV

105TH CONGRESS

1ST SESSION H. RES. 234

Congratulating the City of Gonzales, California, on the 50th anniversary

of its incorporation and recognizing the contribution of the city’s residents to the Nation.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 18, 1997

Mr. FARR of California submitted the following resolution; which was referred

to the Committee on Commerce

RESOLUTION

Congratulating the City of Gonzales, California, on the 50th

anniversary of its incorporation and recognizing the contribution of the city’s residents to the Nation.

Whereas in 1872 the Southern Pacific Railroad laid tracks

through what is now Gonzales, California;

Whereas soon after the tracks were laid the railroad erected

a depot at the present location of Gonzales to allow

trains to stop for freight and passengers;

Whereas in 1874 a town of 50 blocks was laid out around

the depot by Mariano and Alfredo Gonzales on land deeded from Mexico to their father;

Whereas by 1894 the population of the town had reached 500

residents;
2

•HRES 234 IH

Whereas in the 1890’s Swiss immigrants established in the

town what became a thriving dairy industry;

Whereas the process for producing condensed milk was discovered by a local resident;

Whereas the Alpine Condensary was established in the town

at the turn of the century to produce the world’s first

condensed milk;

Whereas the town continued to grow after vegetable farming

displaced the dairy industry in the 1920’s as the region’s

most important industry;

Whereas the City of Gonzales was incorporated on January

14, 1947;

Whereas the City of Gonzales has grown into an important

economic center for the surrounding region, one of the

richest and most fertile in the state of California; and

Whereas, despite its growth, the City of Gonzales has maintained its small town charm: Now, therefore, be it

1 Resolved, That the House of Representatives—

2 (1) congratulates the city of Gonzales, Califor3 nia, on the 50th anniversary of its incorporation,

4 and on its growth into a major economic center

5 which has maintained its small town charm; and

6 (2) recognizes the contribution that the resi7 dents of Gonzales have made to the development and

8 improvement of the Nation.

Æ
EXHIBIT 32.46

 

 

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 on Form 10-Qof Dollar Thrifty Automotive Group, Inc. (the “Company”) for the period ended September 30, 2007, as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, Steven B. Hildebrand, Chief Financial Officer of the Company,certify pursuant to 18 U.S.C. §1350, as adopted pursuant to §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. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

 

/s/ Steven B. Hildebrand

Steven B. Hildebrand

Chief Financial Officer

November 7, 2007

 

 

 

 

 

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Dollar Thrifty Automotive Group, Inc. and will be retained by Dollar Thrifty Automotive Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 324 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                     November 12, 1997.
    Resolved, That upon adoption of this resolution it shall be in order to take 
from the Speaker's table the bill (H.R. 2607) making appropriations for the 
government of the District of Columbia and other activities chargeable in whole 
or in part against the revenues of said District for the fiscal year ending 
September 30, 1998, and for other purposes, with Senate amendments thereto, and 
to consider in the House, any rule of the House to the contrary notwithstanding, 
a single motion offered by the chairman of the Committee on Appropriations or 
his designee that the House concur in the Senate amendment to the text with the 
amendment printed in the report of the Committee on Rules accompanying this 
resolution and disagree to the Senate amendment to the title. The Senate 
amendments and the motion shall be considered as read. The motion shall be 
debatable for one hour equally divided and controlled by the chairman and 
ranking minority member of the Committee on Appropriations. The previous 
question shall be considered as ordered on the motion to final adoption without 
intervening motion or demand for division of the question.
            Attest:

                                                                          Clerk.
```
#### John McElwain *v.*W. J. Wright.

Trust — Action Against Trustee to Subject Trust Property — Necessary Allegation and Prayer — Amendment.

If tbe original petition did not authorize the direction in the judgment, that it should be levied of trust estate in.the hands of the defendant, the amendment filed' after the judgment was rendered could not cure the defect.

*451APPEAL PROM HENRY CIRCUIT COURT.

June 28, 1871.

*Scott, for appellant.*

*Webb & Barbour, for appellee.*

Opinion by

Judge Hardin :

If the original petition did not authorize the direction in the judgment that it should be levied of trust estate in the defendant’s hands, the amendment filed after the judgment was rendered could not cure the defect; and as the petition contained no allegation nor prayer as to trust property, much less such a presentation of facts as were necessary to enable the court to know what judgment it might render as to such property without injustice to rights secured by the trust, the court erred in doing more than to render an ordinary personal judgment.

Wherefore the judgment is reversed and the cause remanded for further proceedings not inconsistent with this opinion.
**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 American Cordillera Mining Corp., a Nevada corporation (the “Company”), on Form 10-K for the year ended November 30, 2104, as filed with the Securities and Exchange Commission (the “Report”), I, Frank H. Blair, President and Chief Executive Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:

(1) the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods indicated.

This Certification has not been, and shall not be deemed, “filed” with the Securities and Exchange Commission.

Date: March 17, 2015

|  

By:

/s/ Frank H. Blair

 

 

Frank H. Blair

 

 

President, CEO, Director |
|-----------------------------------------------------------------------------------------------------------|
**Exhibit 31.1**

**CERTIFICATION**

I, Robert H. Mullen, certify that: 

1. I have reviewed this Quarterly Report on Form 10-Q of The Newark Group, Inc.; 

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

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

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

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

(b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about theeffectiveness 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 control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control 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 of the registrant’sboard of directors (or persons performing the equivalent functions): 

(a) All significant deficiencies and material weaknesses in the designor operation of internal control 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: December 14, 2006 

 

A signed original of this written statement required by Section 302 has been provided to the Company andwill be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
`[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 242 Reported in House (RH)]






                                                  House Calendar No. 96
105th CONGRESS
  1st Session
H. RES. 242

                          [Report No. 105-267]

Waiving points of order against the conference report to accompany the 
 bill (H.R. 2266) making appropriations for the Department of Defense 
 for the fiscal year ending September 30, 1998, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 1997

     Mr. Goss, from the Committee on Rules, reported the following 
resolution; which was referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________

                               RESOLUTION


 
Waiving points of order against the conference report to accompany the 
 bill (H.R. 2266) making appropriations for the Department of Defense 
 for the fiscal year ending September 30, 1998, and for other purposes.

    Resolved, That upon adoption of this resolution it shall be in 
order to consider the conference report to accompany the bill (H.R. 
2266) making appropriations for the Department of Defense for the 
fiscal year ending September 30, 1998, and for other purposes. All 
points of order against the conference report and against its 
consideration are waived. The conference report shall be considered as 
read.
                                     





                                                  House Calendar No. 96

105th CONGRESS

  1st Session

                              H. RES. 242

                          [Report No. 105-267]

_______________________________________________________________________

                               RESOLUTION

Waiving points of order against the conference report to accompany the 
 bill (H.R. 2266) making appropriations for the Department of Defense 
 for the fiscal year ending September 30, 1998, and for other purposes.

_______________________________________________________________________

                           September 24, 1997

        Referred to the House Calendar and ordered to be printed`
<TABLE> <S> <C>

<ARTICLE> 5
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<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
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<CASH>                                             989
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## Court of Appeals Sixth Appellate District of Texas

JUDGMENT

Tommy D. Simmons, Appellant

No. 06

- 13

- 00248

- CR v.

The State of Texas, Appellee Appeal from the 124th District Court of Gregg County, Texas (Tr. Ct. No. 42581

- B ). Opinion delivered by Chi ef Justice Morriss, Justice Carter and Justice Moseley participating.

As stated in the Court’s opinion of thi s date, we find that the motion of the appellant to

dismiss the appeal should be granted. Therefore, we dismiss the appeal.

We note that the ap pellant, Tommy D. Simmons, has adequately indicated his inability to

pay costs of appeal. Therefore, we waive payment of costs.

RENDERED JULY 18, 2014

BY ORDER OF THE CO URT JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk