alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
J-S55003-18

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

J.M.S.-M. 

Appellant

v.

D.L.M., III

:

:

:

:

:

:

:

:

:

 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 620 EDA 2018

Appeal from the Order January 23, 2018

In the Court of Common Pleas of Philadelphia County 

Civil Division at No(s): No. OC1200429

BEFORE: OLSON, J., STABILE, J., and FORD ELLIOTT, P.J.E.

JUDGMENT ORDER BY OLSON, J.: FILED NOVEMBER 08, 2018

Appellant, J.M.S.-M (“Mother”) appeals from the January 23, 2018 order 

transferring this action from the Court of Common Pleas of Philadelphia County 

to the Court of Common Pleas of Delaware County. We affirm. 

Prior to addressing the issues Mother raises on appeal, we must first 

determine whether she has preserved those issues for our review. See Cook 

v. Cook, 186 A.3d 1015, 1026-1027 (Pa. Super. 2018). “Our law is 

unequivocal that the responsibility rests upon the appellant to ensure that the 

record certified on appeal is complete in the sense that it contains all of the 

materials necessary for the reviewing court to perform its duty.” Ignelzi v. 

Ogg, Cordes, Murphy & Ignelzi, LLP, 160 A.3d 805, 808 (Pa. Super. 2017), 

appeal denied, 174 A.3d 1030 (Pa. 2017) (citation omitted). The failure of an 

appellant to comply with Pennsylvania Rule of Appellate Procedure 1921 by 
J-S55003-18

- 2 -

ensuring all necessary documents are included in the certified record results 

in the appellant waiving his or her challenges to the trial court’s order. 

Kessler v. Broder, 851 A.2d 944, 950 (Pa. Super. 2004), appeal denied, 868 

A.2d 1201 (Pa. 2005) (citation omitted). 

The certified record is devoid of any factual details regarding this case. 

There is no complaint seeking custody. There is no custody order. The first 

document that appears in the certified record is a petition to transfer 

jurisdiction. However, without the custody complaint and custody order, it is 

impossible to determine what jurisdiction Mother sought to have transferred 

or whether the trial court’s action in relation to the petition was correct. As 

Mother’s failure to ensure that a complete certified record was transmitted to 

this Court has hampered our review of this case, we conclude that Mother 

waived all of her appellate issues and we affirm the trial court’s order.1 

Order affirmed. 

____________________________________________

1 We may not sua sponte raise the issue of standing under Pennsylvania 

Rule of Appellate Procedure 501. In re Duran, 769 A.2d 497, 501 n.2 (Pa. 

Super. 2001). Nevertheless, we note that had D.L.M., III raised the issue 

before this Court, we would have held that Mother was not an aggrieved 

party under Rule 501 and would have dismissed the appeal on that basis. 

Mother wanted the custody case to be handled in Delaware County. She got 

what she wanted.
J-S55003-18

- 3 -

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 11/8/18
I

103D CONGRESS

1ST SESSION H. R. 2541

To provide that pay for Members of Congress may not be increased in

any fiscal year if, in the immediately preceding fiscal year, total budget

outlays of the Government exceeded its total revenues.

IN THE HOUSE OF REPRESENTATIVES

JUNE 28, 1993

Mr. KYL introduced the following bill; which was referred jointly to the

Committees on Post Office and Civil Service and House Administration

A BILL

To provide that pay for Members of Congress may not be

increased in any fiscal year if, in the immediately preceding fiscal year, total budget outlays of the Government

exceeded its total revenues.

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 ‘‘Congressional Pay

5 Freeze Act of 1993’’.
2

•HR 2541 IH

1 SEC. 2. PAY INCREASES NOT PERMITTED UNLESS THE

2 BUDGET IS BALANCED.

3 (a) PAY INCREASES NOT PERMITTED.—Notwith4 standing any other provision of law, the rate of pay for

5 a Member of Congress may not be adjusted to reflect any

6 increase scheduled to take effect in a fiscal year if total

7 budget outlays of the Government for the preceding fiscal

8 year exceeded total revenues of the Government for such

9 preceding fiscal year, as determined under subsection (b).

10 (b) METHOD FOR DETERMINING IF THE BUDGET IS

11 BALANCED.—Not later than 2 months after the end of

12 each fiscal year, the Director of the Office of Management

13 and Budget shall—

14 (1) determine whether total budget outlays of

15 the Government for such fiscal year exceeded total

16 revenues of the Government for such fiscal year and,

17 if so, the amount by which the former exceeded the

18 latter; and

19 (2) submit a written report to the Congress as

20 to its findings under this subsection.

21 (c) DEFINITION.—For the purpose of this Act, the

22 term ‘‘Member of Congress’’ means an individual serving

23 in a position referred to in section 601(a)(1) of the Legis24 lative Reorganization Act of 1946 (2 U.S.C. 31(1)).

25 SEC. 3. EFFECTIVE DATE.

26 (a) IN GENERAL.—This Act—
3

•HR 2541 IH

1 (1) shall become effective as of—

2 (A) the 30th day after the date of the en3 actment of this Act; or

4 (B) if implementation of this Act based on

5 the date under paragraph (1) is held to be un6 constitutional, the first day of the first Con7 gress as of which this section may constitu8 tionally be given effect; and

9 (2) shall apply with respect to any pay adjust10 ment scheduled to take effect on or after the effec11 tive date of this Act.

12 (b) INITIAL DETERMINATION.—The Director of the

13 Office of Management and Budget shall, not later than

14 2 months after the date of the enactment of this Act, carry

15 out the requirements of section 2(b) with respect to the

16 last fiscal year ending before the effective date of this Act.

Æ
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<RECEIVABLES>                                        0
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<CHANGES>                                            0
<NET-INCOME>                                  (63,910)
<EPS-PRIMARY>                                        0
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</TABLE>
Exhibit 32.1

EVERGREEN ENERGY INC.

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,  AS ADOPTED PURSUANT TO SECTION 906  OF THE SARBANES-OXLEY ACT OF 2002

I,
Thomas H. Stoner, Jr., state and attest that:



/s/ THOMAS H. STONER, JR. Thomas H. Stoner, Jr.Title:Chief Executive Officer and DirectorDate: March 14, 2011


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

---



QuickLinks
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
Kentucky USA Energy, Inc. (the “Company”) on Form 10-K for the year ended
October 31, 2008 as filed with the Securities and Exchange Commission on the
date hereof (the “Report”), I, Steven D. Eversole, 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/
      Steven D. EversoleName:
                      Steven
      D. EversoleTitle:
                      Chief
      Executive OfficerDate:
                      March
      16,
2009
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     (Replace this text with the legend)
</LEGEND>
<CIK>                         0000912061
<NAME>                        NATURAL HEALTH TRENDS CORP.
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   DEC-31-1998
<EXCHANGE-RATE>                                1
<CASH>                                         294,220
<SECURITIES>                                   0
<RECEIVABLES>                                  21,331
<ALLOWANCES>                                   2,000
<INVENTORY>                                    314,367
<CURRENT-ASSETS>                               881,288
<PP&E>                                         95,985
<DEPRECIATION>                                 17,549
<TOTAL-ASSETS>                                 6,852,716
<CURRENT-LIABILITIES>                          2,898,022
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    1,439,500
<COMMON>                                       6,231
<OTHER-SE>                                     2,508,963
<TOTAL-LIABILITY-AND-EQUITY>                   6,852,716
<SALES>                                        1,191,120
<TOTAL-REVENUES>                               1,191,120
<CGS>                                          454,370
<TOTAL-COSTS>                                  454,370
<OTHER-EXPENSES>                               3,277,047
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             199,757
<INCOME-PRETAX>                                (2,740,054)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (2,740,054)
<DISCONTINUED>                                 636,406
<EXTRAORDINARY>                                815,636
<CHANGES>                                      0
<NET-INCOME>                                   (1,288,012)
<EPS-PRIMARY>                                  (.037)
<EPS-DILUTED>                                  (.037)
        


</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

###### Internal Revenue Service 

# AGENCY:

Internal Revenue Service (IRS), Treasury. 

# ACTION:

Notice. 

# SUMMARY:

An open meeting of the Brooklyn District Citizen Advocacy Panel will be held in Brooklyn, New York. 

# DATES:

The meeting will be held Wednesday, March 28, 2001. 

# FOR FURTHER INFORMATION CONTACT:

Eileen Cain at 1-888-912-1227 or 718-488-3555. 

# SUPPLEMENTARY INFORMATION:

Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an operational meeting of the Citizen Advocacy Panel will be held Wednesday, March 28, 2001, 6 p.m. to 9:20 p.m. at the Internal Revenue Service Brooklyn Building located at 625 Fulton Street, Brooklyn, NY 11201. For more information or to confirm attendance, notification of intent to attend the meeting must be made with Eileen Cain. Mrs. Cain can be reached at 1-888-912-1227 or 718-488-3555. The public is invited to make oral comments from 8:30 p.m. to 9:20 p.m. on Wednesday, March 28, 2001. 

Individual comments will be limited to 5 minutes. If you would like to have the CAP consider a written statement, please call 1-888-912-1227 or 718-488-3555, or write Eileen Cain, CAP Office, P.O. Box R, Brooklyn, NY, 11201. The Agenda will include the following: various IRS issues. 

# Note:

Last minute changes to the agenda are possible and could prevent effective advance notice.

Dated: February 16, 2001. 

Cathy VanHorn, 

National Project Manager, Taxpayer Advocate Service. 

[FR Doc. 01-4778 Filed 2-28-01; 8:45 am] 

BILLING CODE 4830-01-P
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS FOR THE PERIOD ENDED JUNE 30, 1999 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                             197
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                    339,459
<CURRENT-ASSETS>                               339,656
<PP&E>                                          57,546
<DEPRECIATION>                                  16,374
<TOTAL-ASSETS>                                 399,052
<CURRENT-LIABILITIES>                        1,203,711
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        10,728
<OTHER-SE>                                 (2,913,219)
<TOTAL-LIABILITY-AND-EQUITY>                   399,052
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                  108,750
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              21,916
<INCOME-PRETAX>                              (123,149)
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<EXTRAORDINARY>                                      0
<CHANGES>                                            0
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<EPS-BASIC>                                      (.01)
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</TABLE>
<TABLE> <S> <C>



<ARTICLE>                     5


<CIK>                         0000830260
<NAME>                        Oregon Steel Mills, Inc.
<MULTIPLIER>                                   1000

<S>                             <C>
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<PERIOD-END>                                   JUN-30-1999
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<TOTAL-LIABILITY-AND-EQUITY>                   941445
<SALES>                                        428973
<TOTAL-REVENUES>                               428973
<CGS>                                          360467
<TOTAL-COSTS>                                  360467
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             1842
<INCOME-PRETAX>                                22200
<INCOME-TAX>                                   8546
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<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   13654
<EPS-BASIC>                                  0.52
<EPS-DILUTED>                                  0.52



</TABLE>
[Federal Register Volume 66, Number 42 (Friday, March 2, 2001)]
[Notices]
[Page 13065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5103]


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

DEPARTMENT OF ENERGY

Federal; Energy Regulatory Commission

[Docket No. EG01-132-000]


Kentucky Pioneer Energy L.L.C., Notice of Application for 
Commission Determination of Exempt Wholesale Generator Status

February 26, 2001.
    Take notice that on February 21, 2001, Kentucky Pioneer Energy 
L.L.C. (KPE) filed an Application for Determination of Exempt Wholesale 
Generator Status pursuant to Section 32(a)(1) of the Public Utility 
Holding Company Act of 1935, all as more fully explained in the 
Application.
    Any person desiring to be heard concerning the application for 
exempt wholesale generator status should file a motion to intervene or 
comments with the Federal Energy Regulatory Commission, 888 First 
Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 
of the Commission's Rules of Practice and procedure (18 CFR 385.211 and 
385.214). The Commission will limit its consideration of comments to 
those that concern the adequacy or accuracy of the application. All 
such motions and comments should be filed on or before March 19, 2001, 
and must be served on the applicant. Any person wishing to become a 
party must file a motion to intervene. Copies of this filing are on 
file with the Commission and are available for public inspection or on 
the Internet at 
http://www.ferc.fed.us/online/rims.htm (please call (202) 208-2222 for 
assistance). Comments and protest may be filed electronically via the 
internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the 
instructions on the Commission's web site at http://www.ferc.fed.us/efi/doorbell.htm.

David P. Boergers,
Secretary.
[FR Doc. 01-5103 Filed 3-1-01; 8:45 am]
BILLING CODE 6717-01-M
#### DAIRYLAND INSURANCE COMPANY, Plaintiff-Appellee, v. William CREWS, Defendant-Appellant, Nancy Bland, as guardian and natural parent of Dennis Bland, II, et al., Defendants.

No. 06-16617

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

April 30, 2007.

John Stewart Mills, Mills & Carlin, P.A., Jacksonville, FL, for Defendant-Appellant.

Julie K. Linhart, Matthew L. Litsky, Phelps Dunbar, LLP, Tampa, FL, for Plaintiff-Appellee.

Before DUBINA, CARNES and MARCUS, Circuit Judges.

PER CURIAM:

William Crews appeals the district court’s entry of summary judgment in favor of Dairyland Insurance Company (“Dairyland”). Dairyland brought this action for a declaratory judgment on the issue of whether it properly cancelled Crews’s automobile liability insurance policy for non-payment of the premium. If the cancellation was proper, Dairyland has no obligation to provide coverage, and no duty to defend an action, for damages arising from a car accident involving Nancy Bland’s minor son. These damages are the subject of an underlying action in state court. On appeal, Crews argues the district court improvidently granted summary judgment based on Florida’s Uninsured Motorist Statute. *See*§ 627.727, Fla. Stat.

We review the district court’s order granting summary judgment *de novo. See Madray v. Publix Supermarkets, Inc.,*208 F.3d 1290, 1296 (11th Cir.2000). A motion for summary judgment should be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). In our review, we “must view all the evidence and all factual inferences reasonably drawn from the evidence in the light most favorable to the nonmoving party,” *Stewart v. Happy Herman’s Cheshire Bridge, Inc.,*117 F.3d 1278, 1285 (11th Cir.1997), and “resolve all reasonable doubts about the facts in favor of the non-movant.” *United of Omaha Life Ins. v. Sun Life Ins. Co.,*894 F.2d 1555, 1558 (11th Cir.1990).

In a succinct and well-reasoned opinion, the district court entered summary judgment based on the unambiguous terms of Crews’s insurance policy, including the provision for Uninsured Motorist coverage and the requirement for timely payments of premiums, and in accordance with Florida law. In its order, the district court addressed virtually every argument raised in this appeal. After our own review of the record and careful consideration of the parties’ arguments, we discern no reversible error in the district court’s disposition of this case and affirm its judgment in all respects.

AFFIRMED.