alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
J-A26023-14

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

SANDRA A. CHRISTMAN,

ADMINISTRATRIX OF THE ESTATE OF 

ESTER I. STRAUSE, DECEASED,

IN THE SUPERIOR COURT OF

PENNSYLVANIA

Appellee

v.

MANOR CARE OF WEST READING PA, 

LLC, D/B/A MANORCARE HEALTH 

SERVICES – WEST READING NORTH, 

AND MANORCARE HEALTH SERVICES, 

INC. AND HCR MANORCARE, INC. AND 

MANORCARE INC. AND HCR 

HEALTHCARE, LLC, AND HCR II 

HEALTHCARE, LLC, AND HCR III 

HEALTHCARE, LLC AND HCR IV 

HEALTHCARE, LLC

Appellants No. 1226 MDA 2013

Appeal from the Order June 13, 2013

In the Court of Common Pleas of Berks County

Civil Division at No(s): 12-4389

BEFORE: BOWES, J., MUNDY, J., and JENKINS, J.

CONCURRING STATEMENT BY MUNDY, J.: FILED JANUARY 05, 2016

I agree with the Majority’s application of Taylor v. Extendicare 

Health Facilities, Inc., 113 A.3d 317 (Pa. Super. 2015), appeal granted, 

122 A.3d 1036 (Pa. 2015) to this case. However, I cannot agree with 

footnote 3, where the Majority concludes, albeit in dicta, that our Supreme 
J-A26023-14

- 2 -

Court’s recent decision in Wert v. Manorcare of Carlisle PA, LLC, --- A.3d 

---, 2015 WL 6499141 (Pa. 2015) (plurality) does not apply in this case.1

As I recently explained, Wert held that an arbitration agreement 

which required the arbitration forum to apply the NAF Code of Procedure, 

was unenforceable because “the NAF Code states that only the NAF can 

administer its own code, [rendering] this [clause] an ‘integral and nonseverable’ provision of the arbitration agreement.” MacPherson v. Magee 

Mem. Hosp. for Convalescence, --- A.3d ---, 2015 WL 7571937, at *15 

(Pa. Super. 2015) (en banc) (Mundy, J., dissenting), quoting Wert, supra

at *5, 10.

In this case, like the agreement at issue in MacPherson, the 

arbitration agreement states that whoever the arbitration panel is, “[t]he 

Panel shall apply NAF’s Code of Procedure[.]” Memorandum of Law in 

Support of Appellant’s Preliminary Objections, 8/17/12, Exhibit B, at 2. In 

my view, consistent with our Supreme Court’s conclusion in Wert, the 

exclusivity of the choice of law in the arbitration agreement renders this 

provision “integral and non-severable”. Wert, supra at *5, 10. As a result, 

____________________________________________

1 Although Wert is a plurality opinion, “three justices out of five in Wert

agreed that the NAF Code issue rendered the arbitration agreement 

unenforceable.” MacPherson, supra at *16. “Thus, the portion of Wert

pertaining to the requirement in Rule 1(A) [of the NAF Code of Procedure] 

that NAF administer its own Code, which is central to the conclusion in Wert

that the arbitration agreement therein was unenforceable, is precedential 

and binding on this Court.” Id.
J-A26023-14

- 3 -

I cannot agree with the Majority’s conclusion that Wert does not apply in 

this case. Accordingly, I respectfully concur in the result only.
[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Notices]
[Page 49356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23153]


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

DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Inland Waterways Users Board Meeting Notice

AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.

ACTION: Notice; correction.

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

SUMMARY: The notice of an open meeting scheduled for November 3, 2017 
published in the Federal Register on September 29, 2017 (82 FR 45583) 
has a new meeting location. It will now be held at the U.S. Army Corps 
of Engineers Vicksburg District Office Building, main Multi-purpose 
Conference Room, 4155 East Clay Street, Vicksburg, MS 39183.

FOR FURTHER INFORMATION CONTACT: Mr. Mark R. Pointon, the Designated 
Federal Officer (DFO) for the committee, in writing at the Institute 
for Water Resources, U.S. Army Corps of Engineers, ATTN: CEIWR-GM, 7701 
Telegraph Road, Casey Building, Alexandria, VA 22315-3868; by telephone 
at 703-428-6438; and by email at <a href="/cdn-cgi/l/email-protection#84c9e5f6efaad4ebedeaf0ebeac4f1f7e5e7e1aae5f6e9fdaae9ede8"><span class="__cf_email__" data-cfemail="703d11021b5e201f191e041f1e3005031113155e11021d095e1d191c">[email protected]</span></a>. 
Alternatively, contact Mr. Kenneth E. Lichtman, the Alternate 
Designated Federal Officer (ADFO), in writing at the Institute for 
Water Resources, U.S. Army Corps of Engineers, ATTN: CEIWR-GW, 7701 
Telegraph Road, Casey Building, Alexandria, VA 22315-3868; by telephone 
at 703-428-8083; and by email at <a href="/cdn-cgi/l/email-protection#612a040f0f0415094f244f2d080209150c000f2114120002044f00130c184f0c080d"><span class="__cf_email__" data-cfemail="e8a38d86868d9c80c6adc6a4818b809c858986a89d9b898b8dc6899a8591c6858184">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: None.

Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2017-23153 Filed 10-24-17; 8:45 am]
 BILLING CODE 3720-58-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
I 

111TH CONGRESS 

1ST SESSION H. R. 3428 

To amend the Emergency Economic Stabilization Act of 2008 to require 

a corresponding reduction in the authorization to purchase each time 

a repayment is made for assistance received under the Troubled Asset 

Relief Program. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2009 

Mr. REICHERT introduced the following bill; which was referred to the 

Committee on Financial Services 

A BILL 

To amend the Emergency Economic Stabilization Act of 

2008 to require a corresponding reduction in the authorization to purchase each time a repayment is made for 

assistance received under the Troubled Asset Relief Program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reclaiming Bailout 

5 Funds for Taxpayers Act’’. 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 3428 IH

1 SEC. 2. CORRESPONDING REDUCTION IN AUTHORIZATION 

2 TO PURCHASE. 

3 (a) IN GENERAL.—Title I of the Emergency Eco4 nomic Stabilization Act of 2008 (12 U.S.C. 5201 et seq.) 

5 is amended by adding at the end the following new section: 

6 ‘‘SEC. 137. CORRESPONDING REDUCTION IN AUTHORIZA7 TION TO PURCHASE. 

8 ‘‘Each time a financial institution makes a repayment 

9 of assistance provided under this title, the authorization 

10 to purchase authority under section 115 shall be reduced 

11 by a corresponding dollar amount.’’. 

12 (b) CONFORMING AMENDMENT.—The table of con13 tents for such Act is amended by inserting after the item 

14 relating to section 136 the following new item: 

‘‘137. Corresponding reduction in authorization to purchase.’’. 

Æ 


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I 

111TH CONGRESS 

1ST SESSION H. R. 345 

To amend the Internal Revenue Code of 1986 to increase the standard 

mileage rate for charitable purposes to the standard mileage rate established by the Secretary of the Treasury for business purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2009 

Mr. PLATTS introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to increase 

the standard mileage rate for charitable purposes to the 

standard mileage rate established by the Secretary of 

the Treasury for business purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. STANDARD MILEAGE RATE FOR CHARITABLE 

4 PURPOSES SAME AS FOR BUSINESS PUR5 POSES. 

6 (a) IN GENERAL.—Subsection (i) of section 170 of 

7 the Internal Revenue Code of 1986 (relating to standard 

8 mileage rate for use of passenger automobile) is amended 


pwalker on PROD1PC71 with BILLS
2 

•HR 345 IH

1 by striking ‘‘14 cents per mile’’ and inserting ‘‘the stand2 ard mileage rate for business purposes prescribed by the 

3 Secretary for purposes of this chapter which is in effect 

4 on the date of the contribution’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 subsection (a) shall apply to taxable years beginning after 

7 December 31, 2008. 

Æ 


pwalker on PROD1PC71 with BILLS
**Exhibit 32**Certification of the Principal Executive OfficersPursuant to 18 U.S.C. 1350(Section 906 of the Sarbanes-Oxley Act of 2002)We, Morris H. Wheeler, the President and Chief Executive Officer and Robert W. Pawlak, the ChiefFinancial Officer of Cohesant Technologies Inc. (the “Company”), certify that to the best of ourknowledge, based upon a review of the Company’s Annual Report on Form 10-KSB for the year endedNovember 30, 2006 (the “Report”):(1) The Report fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934, as amended; and(2) The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.   /s/ Morris H. Wheeler   Morris H. Wheeler  President and Chief Executive Officer  February 23, 2007     /s/ Robert W. Pawlak   Robert W. Pawlak  Chief Financial Officer  February 23, 2007
1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 39429

STATE OF IDAHO

,

Plaintiff-Respondent

,

v.

WESTON KENNETH NELSON

,

Defendant-Appellant

. ) ) ) ) ) ) ) ) ) ) 2012 Unpublished Opinion No. 598

Filed: August 21, 2012

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bingham County. Hon. Darren B. Simpson

, District Judge.

Order denying I.C.R. 35 motion for reduction of sentence, affirmed

.

Sara B. Thomas, State Appellate Public Defender; Sarah E. Tompkins , Deputy Appe llate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming , Deputy Attorney General, Boise, for respondent.

________________________________________________

Before GRATTON, Chief Judge; LANSING, Judge; and GUTIERREZ, Judge

PER CURIAM

Weston Kenneth Nelson pled guilty to burglary , Idaho Code § § 18

- 1401, 18

- 1403 . The

district court imposed a unified sentence of ten years with six years determinate

. Nelson filed an

Idaho Criminal Rule 35 motion, which the district court denied. N elson appeals from the denial

of his Rule 35 motion.

A Rule 35 motion is a request for leniency which is addressed to the sound discretion of

the sentencing court. State v. Knighton , 143 Idaho 318, 319, 144 P.3d 23, 24 (2006); State v.

Allbee , 115 Idaho 845, 846, 771 P.2d 66, 67 (Ct. App. 1989). In presenting a Rule 35 motion,

the defendant must show that the sentence is excessive in light of new or additional information

subsequently pr ovided to the district court in support of the motion. State v. Huffman , 144 Idaho

201, 159 P.3d 838 (2007). Our focus on review is upon the nature of the offense and the2 character of the offender. State v. Reinke , 103 Idaho 771, 772, 653 P.2d 1183, 118 4 (Ct. App.

1982). Where a sentence is not illegal, the appellant must show that it is unreasonably harsh in

light of the primary objective of protecting society and the related goals of deterrence,

rehabilitation and retribution. State v. Broadhead , 120 Idaho 141, 145, 814 P.2d 401, 405

(1991), overruled on other grounds by State v. Brown , 121 Idaho 385, 825 P.2d 482 (1992);

State v. Toohill , 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982).

Having reviewed the record, including any new information submitted with Nelson ’s

Rule 35 motion, we find no abuse of discretion in the district court’s denial of the motion.

Accordingly, the district court’s order denying Nelson ’s I.C.R. 35 motion is affirmed.
EXHIBIT 32.1

Certification of Chief Executive Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act Of
2002

(18 U.S.C. § 1350)

In connection with the Annual Report of Basin Water, Inc. (the Company) on Form 10-K for the period ended December 31, 2008 (the Report), I, Michael M. Stark, Chief Executive Officer of
the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §1350), that:



| | 1) | to my knowledge, 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 31, 2009 |  | BY: |  | /s/    MICHAEL M.
STARK
|                     |  |     |  | Michael M. Stark       
|                     |  |     |  | Chief Executive Officer

The foregoing certification is being furnished solely to accompany the Report pursuant to
18.U.S.C.1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof,
regardless of any general incorporation language in such filing. 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.
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 Form 10-Q for NetScreen
Technologies, Inc. (the Company) for the quarter ended June 30, 2003, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Remo E. Canessa, 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, 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 for the quarter covered by the
Report.
| | --- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/ REMO E. CANESSARemo E. Canessa Chief Financial Officer NetScreen Technologies, Inc.Date:

August 14, 2003




This certification accompanies
this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
---

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 Royaltech Corp. (the
Company) on Form 10-KSB for the period ended September 30, 2007 as
filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Chenxi Shi, the President and Chief Executive Officer
(Principal Executive Officer, Principal Financial Officer and Principal
Accounting 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 result of operations
      of the Company.

Dated: January 15, 2008

|By: | */s/ Chenxi Shi*                                        | 
|--- | ------------------------------------------------------- | 
|    | Chenxi Shi, President and Chief
      Executive Officer | 
|    | (Principal Executive Officer,
      Principal Financial | 
|    | Officer and Principal Accounting
      Officer)         | 

---
Exhibit 10.34


                                      NOTE

$1,954.01                                             Date: January 31, 2001


     FOR  VALUE  RECEIVED,   Archer  Systems  Limited,   Inc.,  the  undersigned
("Payor"), hereby promises to pay to the order of GRQ Financial, Inc. a Delaware
corporation,  ("Holder"), the principal amount of $1,954.01, payable twenty four
(24) months after the date first set forth above.  The  principal  amount hereof
from time to time  outstanding  shall bear  interest  at the rate of six percent
(6%) per annum,  payable on the date set forth  above.  All  payments  hereunder
shall be in lawful  money of the United  States of America at the address of the
Holder  hereof or at such  address as shall be specified by the Holder to Archer
Systems Limited, Inc.

     If any default shall be made in the payment of interest or principal,  then
the Holder, by written notice to the Payor, may exercise all of its legal rights
to collect  the  balance due unless  within  five (5)  business  days after such
notice the default  shall be cured by Payor.  Such notice  shall be deemed given
three (3) days after having been  deposited in the United  States Mail  properly
addressed  and  sent by  registered  mail to the  particular  addressee,  return
receipt requested.

     Prepayments may be made in this note  voluntarily at any time and from time
to time, without penalty.



                                            Archer Systems Limited, Inc.


                                            BY:/s/Walter J. Krzanowski
                                            --------------------------
                                                  Walter J. Krzanowski
                                                  Secretary/Treasurer


                                        7
Exhibit 32.1

Certification of Chief Executive Officer and Chief Financial Officer Pursuant to

18 U.S.C. Section 1350, as Adopted Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

Pursuant to the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended (the Exchange Act), and
Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. §1350), Douglas F. Garn, Chief Executive Officer of Quest Software, Inc. (the Company), and Scott J. Davidson, Chief Financial Officer of the Company,
each hereby certifies that, to the best of his or her knowledge:



|1. | The Companys Quarterly Report on Form 10-Q for the three months ended March 31, 2010, to which this Certification is attached as Exhibit 32.1 (the
Quarterly Report) fully complies with the requirements of Section 13(a) or Section 15(d) of the Exchange Act, and
|-- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|2. | The information contained in the Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------

In Witness Whereof, the undersigned have set their hands hereto as of the
7thday of May, 2010.



|                        |  |  |  |                         
|----------------------- |  |  |  | ------------------------
|/s/    Douglas F. Garn  |  |  |  | /s/    Scott J. Davidson
|Douglas F. Garn         |  |  |  | Scott J. Davidson       
|Chief Executive Officer |  |  |  | Chief Financial Officer 

This certification
accompanies the Form 10-Q to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of Quest Software, Inc. 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 the Form 10-Q), irrespective of any general incorporation language contained in such filing.
Exhibit 32.1





Certification of the Chief Executive Officer pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002





In connection with the amended annual report of AGR Tools, Inc. (the "Company") on Form 10-K/A for the period ended June 30, 2010 as filed with the Securities and Exchange Commission (the "Report"), the undersigned, in the capacities and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. 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.






Dated:   April 29, 2011





By:        /s/ Rock Rutherford


Rock Rutherford


President, Chief Executive Officer and Director
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT WHITNEY K. HALL, ) ) Appellant, ) ) v. ) Case No. 2D18-3577 ) STATE OF FLORIDA, ) )

Appellee. ) ) Opinion filed September 27, 2019. Appeal from the Circuit Court for Polk County; Kelly P. Butz, Judge. Howard L. Dimmig, II, Public Defender, and Lisa Lott, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Affirmed.

SILBERMAN, MORRIS, and LUCAS, JJ., Concur.