Opinion

In Re Nader

  • 865 A.2d 8
Court
Commonwealth Court of Pennsylvania
Filed
Oct 13, 2004
Status
Published
On the bench
Colins, President
Cited by
7 cases
Authority
More cited than 62.9%

noting many pages that the candidate withdrew upon which no evidence was presented as signatures thereon were no longer at issue

How later courts described this case

  • noting many pages that the candidate withdrew upon which no evidence was presented as signatures thereon were no longer at issue

Written by the judges who cited it.

The opinion

865 A.2d 8 (2004)

In Re: Nomination Paper of Ralph NADER and Peter Miguel Camejo as Candidates of an Independent Political Body for President and Vice President in the General Election of November 2, 2004.

Linda S. Serody, Roderick J. Sweets, Ronald Bergman, Richard Trinclisti, Terry Trinclisti, Bernie Cohen-Scott, Donald G. Brown and Julia A. O'Connell, Petitioners.

Commonwealth Court of Pennsylvania.

Argued September 27 through October 12, 2004.

Decided October 13, 2004.

*12 Jeffrey J. Bresch, Pittsburgh, William S. Gordon, Philadelphia, Christopher K. Walters, Philadelphia, Daniel I. Booker, Pittsburgh, Ira S. Lefton, Philadelphia, Jeremy D. Feinstein, Pittsburgh, Milind Madhukar Shah, Philadelphia, Barbara Kiely, Philadelphia, Efrem M. Grail, Pittsburgh, Nicholas R. Sabatine, III, Wind Gap, Cynthia E. Kernick, Pittsburgh, James M. Doerfler, Pittsburgh, Andrea B. Simonson, Philadelphia, Melissa J. Oretsky, Philadelphia, Mark L. Tamburri, Pittsburgh, John M. McIntyre, Pittsburgh, Kim M. Watterson, Pittsburgh, Lisa M. Campoli, Pittsburgh, James P. Williamson, Philadelphia, Brian A. Gordon, Philadelphia and Gregroy M. Harvey, for Petitioners.

Michelle Stirman Pierson, Wexford, Marcus J. Lemon, Harrisburg, J. Matthew Wolfe, Philadelphia, Ronald L. Hicks Jr., Pittsburgh, Andrew L. Noble, Pittsburgh, Michael E. Barrett, Pittsburgh, Basil Culyba, Washington, DC, for Respondents.

Ross A. Dreyer, Sausalito, CA, Sujay Mooss, Brooklyn, NY, Jonah Paisner, Lake Oswega, OR, James L. Cook III, Pittsburgh and Louis L. Boyle, Harrisburg, for Respondents.

Before COLINS, President Judge, MCGINLEY, J., SMITH-RIBNER, J., PELLEGRINI, J., FRIEDMAN, J., LEADBETTER, J., COHN JUBELIRER, J., SIMPSON, J., KELLEY, S.J., FLAHERTY, S.J., MIRARCHI, S.J., and JIULIANTE, S.J.

CONSOLIDATED FINDINGS, OPINION AND ORDER

COLINS, President Judge.

On September 20, 2004, the Supreme Court of Pennsylvania remanded this matter to this Court with directions to review every signature contained in the nomination papers of Ralph Nader and Peter Camejo (Candidates) to determine whether the Candidates had gathered a sufficient number of valid signatures to be listed on the Commonwealth's general election ballot. With the general election scheduled for November 2, 2004, and the 67 counties of this state waiting patiently to print their ballots, this Court, immediately upon receipt of the Supreme Court's directive, *13 dispatched 11 of its 13 judges [1] to various counties to review the challenges to the signatures submitted by the Candidates.

President Judge Colins, Judge Smith-Ribner, and Senior Judge Mirarchi [2] presided over the Philadelphia signature review, reviewing the signatures contained in Volumes A, B, C, D, E, and F of the Objections to the Candidates Nomination Papers. Judge McGinley and Judge Pellegrini presided in Allegheny County and reviewed the challenges involving Allegheny County. Senior Judge Kelley reviewed the challenges for the nomination papers circulated in the counties of Armstrong, Beaver, Blair, Butler, Cambria, Centre, Clearfield, Fayette, Fulton, Indiana, Jefferson, Somerset, Washington, and Westmoreland, and later assisted in the Philadelphia review. Senior Judge Jiuliante presided over the review of signatures for the nomination papers circulated in the counties of Clarion, Crawford, Elk, Erie, Lawrence, Mercer, Venango, and Warren; while Judge Friedman presided over the review of nomination papers circulated in Bucks County, and Judge Leadbetter presided over the nomination papers circulated in Montgomery County, later completing the review of Volume F of the Philadelphia challenges. Judge Cohn Jubelirer presided over the review of nomination papers circulated in Adams, Lancaster, Lebanon, Lehigh, Luzerne, Lycoming, Monroe, and Schuylkill Counties. Judge Simpson presided over the nomination papers circulated in Berks, Bradford, Columbia, Cumberland, Dauphin, and Lackawanna Counties, as well as those circulated in Montour, Northampton, Perry, Susquehanna, Wyoming, and York Counties. Senior Judge Flaherty presided over the signature review for those nomination papers circulated in Delaware and Chester Counties. There were four counties to which no challenges to the nomination papers were filed. Those counties are Carbon (total signatures 3), Franklin (total signatures 1), Greene (total signatures 3), and Bergen County, New Jersey [sic] (total signatures 1), for a total of 8 unchallenged signatures.

This line-by-line review of individual signatures was both exhaustive and exhausting. Several Judges of this Court worked nonstop, 16 hours a day in order to complete the Supreme Court's mandate within a reasonable timeframe. Our final review indicates that 1,183 pages of nomination papers were filed, containing a total of 51,273 [3] signatures submitted by the candidates.

By this Court's Order of August 20, 2004, both sides were directed to be prepared to present their case in the various forums commencing Monday September 27, 2004 and were told that cooperation from both sides was necessary if the review were to be done in anything approaching a timely manner and that the Court would not tolerate intemperate or obstructionist conduct on the part of either the Candidates or the Objectors. The Candidates, through then counsel Samuel Stretton, Esq., were warned that a *14 review of over 50,000 signatures was an ominous undertaking requiring a great deal of manpower and expense and that the Candidates' pre-hearing cooperation in examining challenged signatures with the Objectors, such that potentially valid and invalid signatures could be stipulated to, would be essential to an efficient and timely review. The Candidates chose to ignore this Court's warning and proceeded to do as little as possible prior to the hearings, in an initial attempt to prevent an accurate tally of the signatures.

The review of signatures in Philadelphia was conducted in three ad hoc courtrooms that were made available to the Court by the Philadelphia Voter Registration Division of the Philadelphia City Commissioners. With the assistance of Commonwealth Court's Computer Department, each courtroom contained three computer monitors on which could be displayed voter registration information and scanned copies of voter signatures contained in the voter registration database of the Voter Registration Division. A fourth courtroom was subsequently added. The voter registration data reviewed by the Court was a true and accurate record of voter information contained in the Voter Registration Division's database as attested to by the Commission's Urban Registration Administrator, Robert Lee. A civil service employee of the Voter Registration Division operated a computer terminal in each courtroom. The Objectors provided the Court and the Candidates with three exhibits filed with the petitions to strike exhibit 1, being a six volume document detailing the Philadelphia Objections; exhibit 2 set forth the "Global" [4] challenges; and exhibit 3 set forth the forgery challenges. Exhibit 1 was distributed among President Judge Colins, who was initially assigned Volumes A and B, Judge Smith-Ribner, who was initially assigned Volumes C and D, and Senior Judge Mirarchi, who was initially assigned Volumes E and F. Prior to the hearing date of September 27, 2004, at the direction of this Court, Robert Lee, and members of his staff, prepared a detailed report of each signature challenged and prepared a detailed report setting forth their line-by-line findings regarding the Objectors' challenges to individual signatures. Copies of these reports were supplied to the candidates. The Court takes this opportunity to thank Mr. Lee and his entire staff for their tireless work on this project. Faced with an initial lack of cooperation from the Candidates, he and his staff produced records that were invaluable to this Court in resolving this matter.

When this Court's review began on September 27, 2004, the Candidates, in total disregard of this Court's order of August 20, 2004, were unprepared to respond to the allegations set forth in the Objectors Petition and chose instead to focus on delay and obfuscation. From the very outset of the Philadelphia hearings, the Candidates repeatedly, and without foundation, charged that this Court had improperly shifted the burden of proof from the Objectors to the Candidates, ignoring the fact that, at all times, the burden of proof would rest with the Objectors. Rather than focus on the task at hand, the Candidates raised groundless issues of due process violations and repeatedly challenged the validity of our Supreme Court's decisions in In re Nomination Petition of Silcox, 543 Pa. 647 , 674 A.2d 224 (1996), and In re Nomination Petition of Flaherty, 564 Pa. 671 , 770 A.2d 327 (2001), decisions that had been re-affirmed by our Supreme Court in opinions filed as late as September *15 29, 2004, two days after these hearings began. In that opinion, In Re: Nomination Papers of Ralph Nader, et al., No. 154 MAP 2004, ___ Pa. ___, 858 A.2d 1167 , 2004 WL 2185351 , Madame Justice Newman writing for a majority of the Supreme Court, (unanimous in reaffirming the holding of Flaherty and Silcox ), held that

The Commonwealth Court identified the correct standards that we have mandated in Flaherty and Silcox, regarding late registrations and the requirements for review of signatures and addresses. Further, Candidates' due process rights were not violated by the Secretary's rejection of signatures. Candidates' request for application of lesser standards may well portend their inability to meet the requirements we have established.

Id. at 32, at ___, 858 A.2d at 1185 .

After three weeks of hearings and the expenditure of nearly a quarter of a million dollars of the taxpayers' money, this Court concludes that the Candidates have submitted only 18,818 valid signatures, and are thus not eligible to have their names placed on the November 2004 ballot as candidates for President and Vice-President. The following procedures were employed to reach this conclusion.

The Candidates challenged the work product and methodology employed by the voter registration offices. Additionally, Candidates challenged the original election petitions, advancing the notion that there was no explanation for "black lines" and "red lines" that allegedly inexplicably appeared on the original nomination papers. In order to address these concerns, a joint hearing was held before President Judge Colins, Judge Smith-Ribner, and Senior Judge Mirarchi beginning on September 27, 2004.

The Court addressed the issue by placing on the record the procedures employed to maintain the chain of custody of the original nomination papers. The procedures are detailed as follows. The Department of State transported the nomination papers filed by the Candidates to the Harrisburg offices of the Commonwealth Court where the papers were immediately placed into the custody of an armed security officer of Commonwealth Court. That official transported the Philadelphia nomination papers to the office of this Judge. This Judge then caused the nomination papers to be distributed to both Judge Smith-Ribner and Senior Judge Mirarchi. At all times the papers have been in the custody and control of the Court. Having explained that procedure to the Candidates, Candidates continued to proffer the argument that there was no explanation of the black line or red markings on the nomination papers. This Judge then referenced the August 24, 2004 filing of the Department of State wherein the Department set forth that it reviewed the nomination papers and in instances where a defect was ascertained, the Department marked the signature with an "x" to the left of the line and circled the defect. This Court further noted that such is the Department of State's usual practice in reviewing all nomination petitions and papers it receives. (See Department of State August 24, 2004 filed title "Reply to the Order of the Court.") The Candidate continued to assert that there was no explanation for the black lines on the nomination petitions and sought to question Mr. Lee regarding the procedure employed for uploading information to the City of Philadelphia's voter registration database, and the manner employed to review signatures.

On direct examination by the Candidate, Mr. Lee testified as to his duties and qualifications as Urban Registration Administrator for the City of Philadelphia. Further, he described the procedures by which voter registration records are received *16 and maintained by the Division. Mr. Lee testified that he oversees the daily operations of the Voter Registration Division including maintaining the accuracy of the voter registration files. That process includes maintaining a file of eligible voters that is used at polling places for determining voter eligibility; a knowledge of and compliance with the National Voter Registration Act of 1993, P.L. 103-21, 42 U.S.C. §§ 1973gg-1 — 1973gg-10, Pennsylvania Voter Registration Act (PVRA), Act of June 30, 1995, P.L. 170, as amended, 25 P.S. §§ 961.101 — 961.5109; and the Voting Rights Act, Act of June 29, 1982, 42 U.S.C. § 1973aa-6. (Notes of Testimony September 27, 2004, pp. 8-9.) Regarding the technology employed by the Division, Mr. Lee testified that the system used is a CICS operation, with an installed imaging add-on that allows the Division to scan and index the signatures and affidavit images to the data record for each voter in the mainframe. This in turn eliminates paper documents. He further explained that the system is isolated and not on the City of Philadelphia's computer network or any other network. There is no outside access; the system is password protected at various levels. Only specific people in voter registration can access the system for maintenance and data input. (Notes of Testimony, September 27, 2004, pp. 9-12.) Finally, Mr. Lee testified that the system is designed so that once registrations have been entered; access is available to individual records by name, list of voters, and addresses. Mr. Lee testified that when preparing the reports for the Court, he did not use the original nomination papers but rather was working from copies of the nomination papers. The three Judges all found Mr. Lee's testimony 100% credible.

After it became obvious that the nomination papers were rife with forgeries, the campaign attorneys called Mr. Dominic Martino as a fact witness on September 29, 2004. Mr. Martino testified that he is the Campaign Coordinator for Pennsylvania. He testified that by June 2004 the campaign had gathered only 1,500 signatures on the nomination papers. (Notes of Testimony, September 29, 2004, p. 55.) John Sleven, proprietor of a professional "ballot access company", was called in to gather the remaining 24,000 signatures. That company prepared and distributed a flyer that stated:

CASH NOW!

$100.00 to $200.00

per day

Petition to allow Ralph Nader on

The November Ballot

* * * *

We pay Daily Cash Advances! Paid by Signature!

See Exhibit marked "Objector -2", 9/29/04, appended hereto.

Mr. Martino further explained that he and John Sleven were both aware that individuals were repeatedly signing the petitions, and that many of the signatures were not authenticated. Further, he testified that he himself, and other campaign workers, in reviewing the petitions prior to filing, "black lined" signatures that were obviously deficient. (See Notes of Testimony, September 29, 2004, pp. 55-60.) These "blacklined" signatures were tabulated by President Judge Colins as "withdrawn by candidate prior to submission." (This was in direct contravention of Mr. Nader's attorney's previous statements regarding the "blacklined" signatures.)

Based on the testimony presented this Judge makes the following findings.

*17 FINDINGS OF FACT

1. This Judge finds Mr. Lee's testimony credible.

2. This Judge accepts the work papers prepared by Mr. Lee and presented to this Judge at the hearings held September 27, 28, 29, 30, October 1, 4, 5, 7, 8, and 12. The findings made by Mr. Lee were reviewed by this Judge and have been incorporated into the document appended to this opinion and order and labeled findings of President Judge Colins.

3. Further, as to those signatures found to be a forgery, this Judge's findings are based on the credible testimony of Objectors' handwriting expert Ms. Renee Martin, as well as the Court's physical examination of the nomination papers.

4. This Judge finds the testimony of Mr. Martino credible as it relates to the gathering of signatures, and the "black lining" of signatures by Martino.

5. This Judge finds credible Mr. Martino's testimony that the campaign had knowledge that false signatures were submitted on the nomination papers of Candidates.

6. This Judge personally reviewed every line of those Philadelphia Nomination Papers occurring on Pages 4 to 230 from the whole of the nominating papers filed by the Candidates (referred to as the Volumes A and B pages).

7. This Judge incorporates by reference the findings of fact of Senior Judge Mirarchi as set forth at length as to the duplicate signatures.

8. This Judge incorporates fully the conclusions of Senior Judge Mirarchi regarding the fraud and impropriety involved in the Objector's circulation process.

9. This Judge's findings regarding the striking of individual signatures by page numbers and lines is set forth in the document attached hereto and named President Judge Colins Nader Summary Totals. This Judge merged the category of "forgery" and "signatures signed in the hand of another." ( Silcox issue). This Judge merged the categories of Data Omitted and Printed Signatures.

10. This Judge's findings regarding the striking of signatures, represented in totals, are as follows:

Total Signatures Reviewed 10794

Total Signatures Not Registered 2304

Total Signatures Not Registered at the

Address 2100

Total Signatures Not Registered on the

Date Signed 714

Total Signatures marked Non-Existent

or Out of County 271

Total Signatures Illegible 72

Total Signatures where data omitted 237

Total Signatures deemed forgeries 568

Total Signatures marked duplicates 168

Total Signatures withdrawn by Candidate

at hearing 791

Total Signatures Blacklined Prior to

Submission by Candidate 291

Total Signatures Stricken 7516

Total Signatures Valid 3278

CONCLUSIONS

1. This Judge reviewed a total of 10,794 signatures.

2. After reviewing the 10,794 signatures this Judge finds that

10,794 Signatures Reviewed

7,516 Signatures Stricken

3,278 Signatures Valid

3. With respect to Mr. Justice Saylor's concurring opinion in In re Nomination Papers of Nader, (No. 171 MM 2004, filed October 1, 2004), directing that we consider grounds for striking signatures other than the fact that the electors are not registered, we report that the following signatures were stricken only on the grounds that the elector was not registered (2,304) (however, the Court does not make the corollary finding that all of the electors were subsequently validly registered), not registered at the address at the *18 time of signing (2,100), and was not registered at the time of signing (714). The specific page numbers and line numbers are set forth in the exhibit marked President Judge Colins Nader Summary Totals.

In addition, this Court wishes to commend Basil Culyba, Esquire, admitted pro hac vice, who represented candidates commencing October 1, 2004 for showing the highest standards of professionalism and integrity. Mr. Culyba's conduct, legal knowledge, and ethics, as well as those of objectors' attorney, Gregory Harvey, are of the highest caliber ever witnessed by this Judge.

COURT CONSOLIDATED FINDINGS and CONCLUSIONS

1. The President Judge finds that the Candidates and Objectors, particularly in the nomination papers denominated the "Allegheny Petitions" entered various stipulations relating to withdrawn signatures. The President Judge finds that the total number of signatures submitted on the Candidates' nomination papers equals 51,273, 1,119 less than the recorded by the Department of State.

2. The President Judge incorporates all findings and conclusions of the Judges of this Court which and sets forth that the totals for all nomination papers are as follows:

Total Signatures Not Registered 7506

Total Signatures Registered After the

Date of Signing 1470

Total Signatures Not Registered at the

Address 6411

Total Signatures Data Omitted 1869

Total Signatures Information Written

in the Hand of Another 7851

Total Signatures Printed 8

Total Signatures Illegible 166

Total Signatures Forged 687

Total Signatures Nicknames or Initials 32

Total Signatures Duplicates 1087

Total Signatures Affidavit Problems 1855

Total Signatures Other 3513

Total Signatures Reviewed 51273

Total Signatures Stricken 32455

Total Signatures Valid 18818

3. After reviewing the 51,273 signatures this Court finds that

51,273 Signatures Reviewed

32,455 Signatures Stricken

18,818 Signatures Valid

4. With respect to Mr. Justice Saylor's concurring opinion in In re Nomination Papers of Nader, (No. 171 MM 2004, filed October 1, 2004), directing that we consider grounds for striking signatures other than the fact that the electors are not registered, we report that the following signatures were stricken solely on the grounds that the elector was not registered at the time of signing (1,470), and that adding this number to the valid signatures would still leave the candidates 5,409 short. The specific page numbers and line numbers are set forth in the exhibit marked President Judge Colins Nader Summary Totals.

CONCLUSION

In conclusion, the President Judge must state that that he has served longer on the Commonwealth Court than any other Judge in the Court's history and, as a result thereof, has reviewed more nomination petitions than any other Judge in the Court's history. I am compelled to emphasize that this signature gathering process was the most deceitful and fraudulent exercise ever perpetrated upon this Court. The conduct of the Candidates, through their representatives (not their attorneys), shocks the conscience of the Court. In reviewing signatures, it became apparent that in addition to signing names such as "Mickey Mouse," "Fred Flintstone," "John Kerry," and the ubiquitous "Ralph Nader," there were thousands of names that were created at random and then randomly assigned either existent or non-existent addresses by the circulators.

*19 A detailed line-by-line breakdown of the pages and lines reviewed and the reasons for disqualification has been prepared by each judge and follows. Accordingly, the Court enters the following

ORDER

AND NOW this 13th day of October 2004, upon consideration of the Petitioner's Petition to set aside the nomination papers of Ralph Nader and Peter Miguel Camejo for the Office of President and Vice-President in the General Election of November 2, 2004 and the hearings related thereto conducted throughout the Commonwealth of Pennsylvania, we find as follows: that the number of signatures required on the nomination papers for the office of President and Vice-President is 25,697 (25 P.S. § 2911). The nomination papers consist of 51,273 signatures. Based on the evidence presented by Petitioner at the hearings, and the parties' various stipulations, the Court concludes that 18,818 valid signatures were submitted; therefore, the nomination papers contained 6,879 signatures less than the required 25,697 signatures. Accordingly, the petition to set aside is GRANTED.

Further, the Secretary of the Commonwealth is directed not to certify the names of Ralph Nader and Peter Miguel Camejo as candidates for President and Vice-President of the United States in the November 2, 2004 general election.

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*39 Filed: October 12, 2004

SMITH-RIBNER, J.

Eleven days of hearings were conducted from September 27, 2004 through and including Saturday, October 9, 2004 on challenges filed by Petitioners (hereafter Objectors) to the Nomination Papers of Ralph Nader and Peter Miguel Camejo as Candidates of an Independent Political Body for President and Vice President of the United States, respectively. Candidates seek Pennsylvania ballot status in the General Election scheduled for November 2, 2004. This writer heard challenges to signature lines in pages contained in Volumes C and D of Exhibit 1 to Objectors' petition to set aside the nomination papers (Philadelphia nomination pages). Volumes C and D contained 159 pages: 258-270, 300-353 (303 omitted), 355-374, 376-393, 395-417, 419-427, 429-430, 456-466 and 480-489, with appropriate gaps for those circulated elsewhere. The signature lines for these volumes totaled 12,818, including those struck by the Secretary of State. [1]

Hearings were conducted in Courtroom B created at the facilities of the Philadelphia County Board of Elections, Voter Registration Division, located at 540 Delaware Avenue, Philadelphia, Pennsylvania, from September 27, 2004 through October 7, and at the Commonwealth Court Courtroom located in the Widener Building, Philadelphia, Pennsylvania, on October 8 and 9. Hearings generally began at 9:30 a.m. and adjourned 9 to 12 hours later on any given day.

On Monday, September 27, 2004, a three-judge panel of the Court (President Judge Colins, Judge Smith-Ribner an Senior Judge Charles P. Mirarchi) convened a hearing for the sole purpose of taking testimony from Mr. Robert Lee, Voter Registration Administrator, in connection with his office's review of voter registration records pursuant to the September 20, 2004 order of this Court. On Wednesday, September 29, 2004, the three-judge panel convened another hearing, at Candidates' request, for the purpose of taking testimony from Mr. Dan Martino, who serves as the campaign coordinator for "Nader 2004." Their testimony was incorporated into all hearing transcripts for the Philadelphia nominating pages. Ms. Dale Fries, Acting Supervisor of the Imaging Unit of the Voter Registration Division, testified in Courtroom B on October 6 and on October 7, 2004 regarding her supervisory functions in connection with the review of voter records, including deleted data files, in connection with the Court's September 2004 order.

FINDINGS AND CONCLUSIONS (PHILADELPHIA)

(A)

1. Mr. Lee credibly testified regarding his office's review of all registration-related challenges to the nomination papers, and he indicated his availability along with other supervisory staff, Mrs. Dale Fries and Mr. Gregory Irving, to testify in each of the courtrooms created for these hearings.

2. Mr. Lee credibly testified regarding the duties and functions of his office as well as his daily oversight of the operations of his office, the current status and accuracy of voter registration records maintained in the voter registration division's files, the determination of voter eligibility to vote and his knowledge of compliance with state and federal voting laws.

*40 3. Mr. Lee described in great detail the computer system that the voter registration division utilized as well as its date of installation and the stringent internal security controls in place, which limit access to voter registration records only to authorized personnel. He reviewed procedures for data entry of voter registration records and the multi-step process for completing this function and verifying the reliability and accuracy of the process.

4. Mr. Lee testified that he reviewed this Court's September 20, 2004 order directing a review of voter registration records in conjunction with the objections, and he explained the process for his office's review of voter records related to registration challenges to Philadelphia nominating pages. He noted the availability of 12 to 14 staff persons working in some cases of up to 18-hour days to facilitate the review of voter records with representatives of Objectors and Candidates.

5. Mr. Lee meticulously detailed the process followed by his office in preparing the Report identified as Court Exhibit 1, which included an Excel spread sheet prepared solely by Mr. Lee showing a compilation of the review of Philadelphia nominating pages' registration-related challenges, along with supporting worksheets. Court Exhibit 1 represents a compilation of the number of signers who listed a non-existent address or resided out of the county (NA/OC), who were not registered (NR), who were not registered at the address listed (NA), who were not registered at the date of signing (NRDS) or who were determined to be registered voters (RV). See Court Exhibit 1 (Volumes C/D), October 7, 2004. Mr. Lee described the added step of reviewing deleted data files for signers not registered on the date of signing.

6. Mr. Lee's testimony was credible as to the reliability of the voter registration record system that is maintained by his office, the procedures followed for complying with the Court's September 2004 order and his assessment of the accuracy of the Report that he prepared to comply with the order.

7. Candidates were given multiple opportunities to review voter registration records and to obtain assistance from Mr. Lee's staff during the review process. Mr. Lee and Mrs. Fries reported to the Court and to counsel in open court on various occasions that staff would be made available to assist Candidates' counsel or any of their volunteers from 8:30 a.m. each day until 9:30 p.m. on most days and until midnight on several days. Staff was made available also to assist any of the parties or their representatives in reviewing deleted data files in an effort to ascertain the status of signers recorded as not registered on the date of signing.

8. Ms. Fries described the extensive multi-step process in place for data-entry staff verification of the accuracy of voter information entered into the computers and the process for assigning voter registration numbers to persons who register to vote. She explained the instructions given to staff for their review of voter records in this case, see Court Exhibit 2, and she detailed her review of deleted data files to ascertain whether further voter information existed regarding electors who were reported as not registered on the date of signing. Thereafter, Ms. Fries provided a thorough analysis of the results contained in Court Exhibit 1 for Volumes C and D.

9. Mr. Martino was engaged by the campaign on June 18, 2004, when the campaign had gathered only 1500 signatures. He provided testimony regarding the campaign's signature gathering process and the campaign's review of that process before filing the nomination papers with the Secretary of State. Regarding the review *41 of voter records, Mr. Martino asserted that the search was incomplete as he was unaware of the deleted data file and that a thorough search could not be performed if all of the signatures are not viewed in this file.

10. On July 5, 2004, at Mr. Martino's behest, the Washington, D.C. campaign headquarters engaged Mr. John Slevin, owner of a petition circulation company, to conduct the signature gathering process. Mr. Slevin paid individuals cash advances at the end of each day to gather signatures on the nomination pages, see Objector Exh. 2, and when it came to Mr. Martino's attention that fraud was occurring in this process he informed Mr. Slevin, who already was aware that problems existed with some of the circulators.

11. Mr. Martino actually observed circulators signing the pages multiple times, and he stated that the campaign attempted to get rid of some of the bad pages either by not filing them or by drawing lines through forged names and crossing out duplicates. See, e.g., Objectors' Exhs. 4A-4B. In one instance, he crossed out 104 of 110 lines on page 558 because of forgeries. Objectors' Exh. 5A.

12. The Philadelphia nomination pages show in countless instances evidence of pervasive or massive and wholesale fraud and forgery and other irregularities throughout nomination pages. See, e.g., Nomination page 267.

13. The evidence of fraud and forgery was established, inter alia, by testimony from Ms. J. Wright Leonard and Mr. William J. Kelly, experts in forensic document examination and handwriting analysis called as witness for Objectors.

14. The evidence included, among other things, evidence of individuals who evidently took turns signing names in cursive, printing the names in the printed name column and inserting addresses and dates; evidence of a series or pattern of cursive signatures, printed names, addresses and numerous telephone numbers inserted in one hand; evidence of obviously fictitious or non-existent residential addresses, including but not limited to downtown Philadelphia office buildings and other facilities; evidence of disguised signatures throughout numerous pages; evidence indicating that one person filled in all of the dates on an entire side or sides of a page; evidence of "frequent" signers throughout the pages; and evidence of specific circulators who submitted pages that clearly were the product of fraud.

15. Through various legal representatives, Candidates conceded on many occasions that Objectors' evidence demonstrated fraudulent conduct by some of the circulators or signers during the signature gathering process as well as forgeries and repetitive signing of the nomination papers by particular individuals.

16. Because Candidates' agents had notice of such conduct prior to filing the nomination papers, Candidates likewise had notice.

(B)

1. Senior Judge Mirarchi issued an interim adjudication and order on October 7, 2004 striking duplicate signatures from nomination pages included in Volumes C and D, more fully set forth below and adjusted accordingly in the final rulings made regarding these volumes.

2. Senior Judge Mirarchi issued another order on October 8, 2004 striking nomination pages 399 (83 lines) and 461 (58 lines) because they were not in the hand of the electors whose names appeared on the pages and nomination pages 322 (51 lines) and 489 (80 lines) because Candidates withdrew the nomination pages with prejudice *42 due to the number of irregularities appearing in those pages.

(C)

1. Objectors initially presented evidence of the global challenges raised to the nomination pages, including, inter alia, objections based on claims of defective notarization or circulator affidavit and on claims of fraud and forgery and other irregularities. The specific evidence related to these challenges is contained in the record.

2. Counsel stipulated many of the strikes by the Secretary of State where challenged, and when counsel could not stipulate the Court heard evidence on the challenge or took judicial notice where the defect was apparent on its face.

3. Once Mr. Lee's Report was completed for Volumes C and D and Court Exhibit 1 was formally moved for admission into the record, Objectors then presented their registration-related challenges to the nomination pages.

4. Counsel for Objectors and Candidates entered into a stipulation identified as "Joint Exhibit 1," admitted into the record on October 8, 2004. The Joint Exhibit includes a listing for the majority of the nomination pages of all of the registration-related challenges that Objectors raised. Several pages were not included either because the parties could not agree or because they decided not to review the pages in light of the extraordinary time constraints imposed upon all participants to these proceedings. The Joint Exhibit was formulated based upon counsel's review of Court Exhibit 1, and it includes another listing "IDF=NRA" intended by counsel to refer to voters who were located in the deleted data file but who Candidates acknowledge were not registered at the address listed.

5. Objectors then moved the Court to strike all registration-related challenges to the signature lines in the nomination pages from Volumes C and D that were identified in the Joint Exhibit, and upon review of the parties' stipulation as to the preparation of this document and the limitations therein along with the objections stated for the record by Candidates, the Court granted Objectors' motion to strike all of the lines so identified in the Joint Exhibit.

6. Candidates raised objections throughout the hearings, among other matters, to the Court's consideration of Objectors' challenges to lines where, for example, the elector was not registered on the date he or she signed the nomination page but was registered at some later date; where the elector listed an out-of-county residence but nevertheless resided in Pennsylvania; where the elector listed an address identified as a homeless shelter although clearly no signature was invalidated for that reason; where the elector appeared by his or her signature to be elderly or disabled; or where the elector's residence in the voter registration records did not match the address listed on the nomination page. Candidates raised global objections to the creation of the Report (Court Exhibit 1) by elections officials. Candidates also claimed that they were prevented from adequately reviewing voter registration records despite repeated offers made by Mr. Lee and by Ms. Fries to make themselves available along with many other staff as often as 7 days per week, beginning at 8:30 a.m. and ending as late as midnight on some days, to assist Candidates in their review of voter registration records in general and the deleted data files in particular.

(D)

1. Based upon the credible evidence of record the Court concludes that Objectors *43 met their burden to prove a substantial portion of their challenges to Candidates' nomination pages as more fully set forth hereafter.

2. Where a particular signature line was struck at hearing and it was included as well in the Joint Exhibit or among the duplicates, it was counted only once as being struck. The listing hereafter uses underscoring to identify the entries that were not counted more than once. Due to time constraints, Objectors rested on the Joint Exhibit and/or duplicates for their remaining challenges to nomination pages not presented at hearing.

3. The rulings for each nomination page include the identification of each page number challenged, the total number of lines for each page, the lines struck at hearing based on the global and/or fraud and forgery related challenges or other irregularities, the lines struck due to registration-related challenges pursuant to the parties' Joint Exhibit, identification of the lines struck due to duplicate signatures pursuant to Senior Judge Mirarchi's October 7, 2004 order, the total tally for each category and, finally, the total tally for valid signatures remaining on each nomination page. The Court hereby makes the following rulings:

Page 258 (50 lines) 21 valid

Struck at Hearing: (9/28) 10, 11, 12, 13, 46, 47 (6)

(10/4) 1, 2, 5, 18, 28, 29, 30, 36, 37, 39-42, 47 (14)

Joint Exhibit No. 1:

NA/OC

NR 12, 42

NRA 2, 4, 5, 18, 28, 29, 30, 36, 37, 39, 40

NRDS 9 not otherwise listed

IDF = NRA 1 6 + 14 + 9 = 29 struck

Duplicates: 3, 4, 6, 7, 19, 20 50 lines - 29 struck = 21 valid

Page 259 (54 lines) 21 valid

Struck at Hearing: 22, 24-27, 32-34, 36, 41, 48-50, 54, 55 (15)

2, 3, 5, 10, 12, 15, 21, 23, 30, 31, 37, 40, 43, 46, 47, 48, 52, 53 (15)

Joint Exhibit No. 1:

NA/OC 24, 25, 26, 32, 33, 34, 36, 54

NR 3, 21, 23, 30

NRA 2, 5, 12, 37, 40, 43, 46, 52, 55

NRDS 19 3 not otherwise listed

IDF=NRA 15 + 15 + 3 = 33 struck

Duplicates: 1, 4 54 lines - 33 struck = 21 valid

Page 260 (100 lines) 42 valid

Struck at Hearing: 1, 2, 6, 11, 33, 34, 58, 61, 62, 64, 73-76, 82, 84, 85 (17)

3-5, 7-9, 14-17, 23, 24, 32, 38, 43-49, 51-53, 59, 67-69, 72, 78, 79,

82, 83, 87, 90, 91, 95, 97, 98, 100 (40)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS 1 not otherwise listed

IDF=NRA 17 + 40 + 1 = 58 struck

Duplicates: 31 100 lines - 58 struck = 42 valid

Page 261 (52 lines) 20 valid

Struck at Hearing: 1-3, 6, 7, 10, 31-32, 40, 41, 50 (11)

*44

8, 12, 14, 15, 17, 19, 20, 21, 22, 25, 28, 29, 30, 33, 35, 43, 44, 46, 49 (19)

Joint Exhibit No. 1:

NA/OC 1, 2, 3, 8, 29, 30, 49

NR 10, 12, 20, 21, 22, 31, 44

NRA 14, 15, 17, 25, 28, 32, 33, 43, 46

NRDS 2 not otherwise listed

IDF=NRA 11 + 19 + 2 = 32 struck

Duplicates: 23, 24 52 Lines - 32 struck = 20 valid

Page 262 (102 lines) 36 valid

Struck at Hearing: 24, 31, 35, 46, 51, 58, 59, 73, 81-84, 95, 96 (14)

1, 4, 5, 8, 9, 13, 15-22, 25, 27-29, 32, 34, 36, 39, 40, 45, 52, 55, 56,

61, 63, 65, 70-72, 75, 77, 78, 85-89, 91, 92, 101, 102 (47)

Joint Exhibit No. 1:

NA/OC

NR 5, 9, 16, 19, 21, 32, 39, 40, 55, 63, 65, 72, 77, 82, 86, 95, 98, 99,

101, 102

NRA 1, 4, 8, 13, 15, 17, 18, 20, 27, 28, 29, 36, 45, 52, 61, 70, 71, 75, 78,

85, 87, 88, 91, 96

NRDS 34, 56 5 not otherwise listed

IDF=NRA 22, 25, 35, 89, 92 14 + 47 + 5 = 66 struck

Duplicates: 30 102 lines - 66 struck = 36 valid

Page 263 (102 lines) 37 valid

Struck at Hearing: 10, 25, 35, 36, 38, 39, 41, 48, 49, 57, 57, 84-86, 88, 98-100 (18)

7-9, 11-16, 20-23, 26-33, 37, 40, 44, 52, 53, 55, 56, 60, 62, 63, 65-67, (44)

69, 75, 78-80, 87, 90, 91, 92, 93, 102

Joint Exhibit No. 1:

NA/OC 37, 57

NR 7, 11, 26, 55, 60, 78

NRA 8, 9, 10, 15, 20, 21, 27, 30, 39, 40, 44, 49, 52, 54, 58, 65, 67, 75, 79,

80, 85, 91, 93, 98, 99

NRDS 62 3 not otherwise listed

IDF=NRA 12, 28, 32, 33, 40, 87, 90, 96 18 + 44 + 3 = 65 struck

Duplicates: 102 lines - 65 struck = 37 valid

Page 264 (57 lines) 15 valid

Struck at Hearing: 2, 6-9, 11, 13, 19-26, 31, 32, 34, 36, 39-44, 46, 51, 54, 55, 57 (30)

Joint Exhibit No. 1:

NA/OC 1, 2, 3, 8, 29, 30, 49

NR 10, 12, 20, 21, 22, 31, 44

NRA 14, 15, 17, 25, 28, 32, 33, 43, 46

NRDS

IDF=NRA

Duplicates:

Page 265 (105 lines) 3 valid

Struck at Hearing: 1-26, 28-51, 53-67, 69-105 (102)

Joint Exhibit No. 1:

NA/OC

NR 4, 5, 8, 10, 18, 19, 23, 24, 26, 28, 29, 30, 32, 33, 34, 36, 38, 50, 51,

57, 58, 61, 63, 66, 67, 69, 70, 75, 76, 79, 80, 85, 86, 89, 90, 91, 94,

95, 97, 99, 101, 102, 105

NRA 9, 20, 31, 35, 37, 39, 40, 43, 46, 48, 64, 65, 72, 74, 82, 83, 92, 93,

100

NRDS 0 not otherwise listed

IDF=NRA 14 105 lines - 102 struck = 3 valid

Duplicates: 1, 2, 7, 12, 49, 71, 77, 87, 103

*45

Page 266 (52 lines) 21 valid

Struck at Hearing: 4, 8, 13, 26, 32, 39, 47 (7)

Joint Exhibit No. 1:

NA/OC 21, 28, 33, 40

NR 11, 12, 24, 30, 52

NRA 3, 5, 6, 10, 16, 20, 22, 38, 45, 46, 48, 50

NRDS 24 not otherwise listed

IDF=NRA 2, 14, 15 7 + 24 = 31 struck

Duplicates: 52 lines - 31 struck = 21 valid

Page 267 (51 lines) 2 valid

Struck at Hearing: 7-9, 11-15, 17-29, 31-41, 45, 47-51 (38)

3-6, 10, 16, 30, 42-44, 46 (11)

Joint Exhibit No. 1:

NA/OC

NR 3, 11, 12, 13, 15, 17, 20, 21, 22, 23, 24, 26, 27, 28, 30, 31, 33, 34,

36, 37, 38, 40, 49, 51

NRA 5, 6, 7, 8, 10, 14, 25, 32, 35, 39, 42, 44, 45, 47, 48, 50

NRDS

IDF = NRA 38 + 11 = 49 struck

Duplicates: 51 lines - 49 struck = 2 valid

Page 268 (110 lines) 0 valid

Struck at Hearing: 1-110 (110)

Joint Exhibit No. 1:

NA/OC

NR 6, 7, 10, 11, 12, 29, 22, 24, 26, 28, 29, 31, 32, 33, 38, 40, 42, 43, 54

59, 67, 70, 76, 77, 78, 79, 81, 82, 87, 89, 91, 102, 109

NRA 2, 8, 13, 14, 27, 30, 35, 37, 45, 46, 47, 48, 49, 50, 51, 62, 63, 64, 71,

74, 75, 80, 83, 85, 86, 88, 92, 95, 96, 97, 101, 105, 108

NRDS 18

IDF=NRA 16, 36, 39, 44, 53, 56, 65 110 lines - 110 struck = 0 valid

Duplicates: 1, 3, 4, 9, 15, 23, 41, 52, 100, 106, 110

Page 269 (101 lines) 5 valid

Struck at Hearing: 1-5, 7, 8, 10-13, 18-39, 41, 44, 46, 48-54, 56-59, 63-67, 69-71, 73,

75, 77-80, 83-94, 97, 98, 100 (76)

6, 9, 14, 15, 42, 43, 47, 55, 60, 61, 68, 74, 76, 82, 95, 97-100 (19)

Joint Exhibit No. 1:

NA/OC 2, 41, 42, 59, 63, 65, 67, 70, 71, 73, 77, 78, 79, 80, 83, 88, 89, 90,

91, 92, 97

NR 24, 26, 31, 32, 37, 38

NRA 4, 6, 13, 18, 20, 22, 29, 44, 50, 60, 61, 68, 74, 82, 87, 93, 95, 98, 99,

100

NRDS 23, 56, 94 1 not otherwise listed

IDF=NRA 7, 11, 19, 53, 55 76 + 19 + 1 = 96 struck

Duplicates: 8, 9, 28, 72 101 lines - 96 struck = 5 valid

Page 270 (110 lines) 8 valid

Struck at Hearing: 1-7, 9-39, 41-47, 49-53, 55-87, 89-97, 99, 100, 102-108, 110 (102)

Joint Exhibit No. 1:

NA/OC

NR 2, 3, 13, 21, 28, 35, 37, 38, 42, 46, 79, 90, 94, 95, 102, 110

NRA 4, 5, 6, 9, 11, 16, 17, 20, 25, 27, 33, 34, 39, 41, 44, 49, 55, 57, 66,

71, 77, 78, 83, 85, 89, 92, 97, 99, 100, 103

NRDS 14, 32, 64, 65, 69

IDF=NRA 45, 58

Duplicates: 10, 15, 51 110 lines - 102 struck = 8 valid

*46

Page 300 (110 lines) 3 valid

Struck at Hearing: 7-10, 14-15, 16-17, 19-30, 44-52, 57, 62-63, 67, 69-70, 75-85, 87-90,

95, 97-103, 106-110 (63)

1-6, 11-13, 18, 31-42, 53-55, 58-61, 64-66, 71-74, 86, 91-94, 96, 104,

105 (44)

Joint Exhibit No. 1:

NA/OC

NR 4, 27, 34, 39, 40, 41, 45, 47, 48, 53, 55, 58, 62, 64, 70, 75, 79, 85,

86, 87, 89, 90, 93, 94, 95, 96, 99, 100, 102, 103, 106, 109, 110

NRA 8, 16, 17, 19, 20, 25, 26, 28, 30, 31, 32, 33, 35, 36, 37, 38, 42, 44,

49, 50, 52, 54, 60, 63, 66, 71, 72, 73, 76, 78, 80, 82, 92, 97, 101, 107

NRDS

IDF=NRA 51 63 + 44 = 107 struck

Duplicates: 2, 5, 7, 9, 84, 88, 98 110 lines - 107 struck = 3 valid

Page 301 (100 lines) 1 valid

Struck at Hearing: 1-7, 9-23, 25-60, 62-66, 69-73, 76-78, 80-83, 85-89, 91-93, 95-100 (88)

8, 24, 61, 67, 68, 74, 75, 79, 84, 90, 94 (11)

Joint Exhibit No. 1:

NA/OC 33, 34

NR 34, 36, 39, 40, 42, 57, 60, 61, 66, 67, 69, 70, 72, 73, 74, 76, 77, 87,

88, 90, 92, 95, 97

NRA 35, 37, 38, 44, 46, 49, 51, 54, 55, 58, 59, 64, 65, 75, 78, 82, 86, 91,

93, 94, 96, 98, 100

NRDS 47, 85 88 + 11 = 99 struck

IDF=NRA 100 lines - 99 struck = 1 valid

Duplicates: 20, 30, 46, 48, 56, 63, 78, 79, 81, 83

Page 302 (110 lines) 5 valid

Struck at Hearing: 6, 7, 10-14, 16, 20, 21, 28, 29, 36, 37, 41, 46, 47, 51-55, 59, 60, 63,

64, 70, 71, 76-79, 82, 89, 91, 92, 94, 95, 104 (39)

1, 2, 4, 5, 8, 9, 17, 19, 22-27, 30-35, 38-40, 42-45, 50, 56, 58, 61, 62,

65, 66, 72, 73, 80, 81, 83-88, 90, 93, 96-103,

105, 110 (60)

Joint Exhibit No. 1:

NA/OC

NR 13, 21, 22, 24, 27, 31, 32, 33, 34, 37, 44, 46, 53, 58, 59, 62, 63, 64,

65, 71, 72, 86, 90, 105

NRA 1, 7, 12, 17, 23, 26, 28, 29, 30, 36, 38, 39, 42, 47, 51, 52, 54, 56, 66,

78, 79, 81, 83, 85, 95, 97, 98, 107, 108, 110

NRDS 106

IDF=NRA 19, 35, 45, 70, 73, 84, 87, 89, 100

Duplicates: 5, 9, 19, 31, 35, 36, 37, 38, 40, 42, 43, 44, 48, 50, 54, 57, 58,

69, 73, 83, 88, 93, 98, 105, 107 6 not otherwise listed

39 + 60 + 6 = 105 struck

110 lines - 105 struck = 5 valid

Page 304 (63 lines) 0 valid

Struck at Hearing: 1-63 (63)

Joint Exhibit No. 1:

NA/OC 40

NR 4, 12, 15, 16, 23, 28, 39, 42, 43, 45, 48, 50, 63, 89

NRA 2, 3, 5, 7, 10, 17, 18, 19, 20, 21, 25, 44, 49, 51, 53, 55

NRDS

IDF=NRA 100 63 lines - 63 struck = 0 valid

Duplicates: 38

Page 305 (100 lines) 0 valid

Struck at Hearing: 1-100 (100)

*47

Joint Exhibit No. 1:

NA/OC 18, 46

NR 8, 10, 12, 15, 17, 19, 20, 21, 41, 47, 48, 49, 50, 51, 52, 54, 55, 57,

58, 60, 61, 63, 65, 68, 69, 70, 71, 72, 74, 75, 76, 82, 83, 84, 87, 88,

89, 90, 96, 97, 100

NRA 4, 5, 6, 7, 9, 16, 25, 27, 28, 29, 31, 32, 34, 36, 40, 42, 43, 45, 53,

56,59, 62, 64, 66, 67, 73, 77, 79, 80, 81, 85, 86, 92, 93, 94, 95 98, 99

NRDS 51

IDF=NRA 28, 43 100 lines - 100 struck = 0 valid

Duplicates:

Page 306 (54 lines) 1 valid

Struck at Hearing: 1-24, 26-28, 30-53 (51)

Joint Exhibit No. 1:

NA/OC

NR 15, 21, 23, 26, 27, 36, 37, 41, 52

NRA 2, 8, 9, 10, 11, 17, 18, 24, 30, 32, 32, 33, 34, 35, 42, 46, 48, 49

NRDS 51

IDF=NRA 28, 43

Duplicates: 7, 8, 9, 10, 11, 12, 14, 19, 20, 21, 25, 26, 28, 29, 30, 39, 40, 44,

47, 51, 52 2 not otherwise listed

51 + 2 = 53 struck

54 lines - 53 struck = 1 valid

Page 307 (110 lines) 8 valid

Struck at Hearing: 1-44, 47-49, 51-66, 69-95, 97, 98, 100, 102-107, 109, 110 (102)

Joint Exhibit No. 1:

NA/OC 63, 73

NR 2, 4, 5, 8, 18, 29, 40, 66, 69, 75, 81, 82, 91, 93, 100, 102

NRA 1, 6, 7, 9, 12, 16, 61, 71, 74, 76, 83, 84, 86, 87, 89, 94, 95, 109

NRDS 23, 30

IDF=NRA 15, 22, 33, 58, 77, 85 110 lines - 102 struck = 8 valid

Duplicates:

Page 308 (92 lines) 10 valid

Struck at Hearing: 4, 5, 8-10, 12, 13, 15-18, 20-26, 29, 30, 34-36, 38-42, 48-51,

58-62, 67, 70, 76-80, 82, 86-92 (52)

Joint Exhibit No. 1:

NA/OC 90, 92

NR 5, 7, 11, 16, 17, 24, 29, 52, 53, 55, 56, 60, 61, 62, 67, 68, 69, 76, 77,

80, 81, 83, 84, 86, 88

NRA 2, 3, 12, 18, 23, 26, 30, 39, 43, 44, 48, 49, 51, 57, 58, 59, 64,

66, 70, 79, 82, 85, 89, 91 30 not otherwise listed

NRDS 15 52 + 30 = 82 struck

IDF=NRA 1, 6, 38, 50 92 lines - 82 struck = 10 valid

Duplicates: 1, 2, 6, 7, 18, 31, 32, 33, 36, 37, 40, 41, 42, 43, 44, 45, 46, 47, 50,

51, 65

Page 309 (49 lines) 6 valid

Struck at Hearing: 9-26, 31, 36, 42, 48, 50, 51, 101, 102 (26)

Joint Exhibit No. 1:

NA/OC 10

NR 7, 15, 16, 17, 19, 20, 24, 27, 40, 49

NRA 18, 22, 26, 28, 30, 33, 38, 39, 43, 47, 52, 53

NRDS 25 17 not otherwise listed

IDF=NRA 26 + 17 = 43 struck

Duplicates: 8, 9, 26, 32, 35, 46, 52 49 lines - 43 struck = 6 valid

Page 310 (57 lines) 14 valid

*48

Struck at Hearing: 4, 6, 17, 19-21, 28, 36, 43, 44, 45, 47 (12)

Joint Exhibit No. 1: 31 not otherwise listed

NA/OC 31 12 + 31 = 43 struck

NR 15, 16, 18, 57 57 lines - 43 struck = 14 valid

NRA 2, 8, 9, 13, 14, 22, 26, 27, 30, 32, 33, 34, 38, 42, 46, 48, 56

NRDS 25

IDF=NRA

Duplicates: 1, 3, 4, 7, 8, 10, 19, 21, 24, 25, 28, 39, 41, 48

Page 311 (107 lines) 31 valid

Struck at Hearing: 32, 46, 56, 83-85, 95, 98, 99, 107 (10)

Joint Exhibit No. 1:

NA/OC 79

NR 1, 4, 5, 6, 9, 11, 12, 13, 15, 16, 17, 24, 26, 30, 33, 35, 38, 39, 41, 42,

43, 47, 49, 50, 53, 54, 55, 57, 59, 62, 64, 67, 69, 75, 76, 77, 78, 81,

86, 87, 88, 89, 90, 91, 92, 93, 94, 97, 100, 104, 106

NRA 3, 8, 14, 19, 20, 21, 22, 25, 52, 58, 72, 73, 96, 102

NRDS 66 not otherwise listed

IDF=NRA 10 + 66 = 76 struck

Duplicates: 6 107 lines - 76 struck = 31 valid

Page 312 (96 lines) 43 valid

Struck at Hearing: 9, 13, 17, 19, 26-29, 35 36, 38-40, 42, 43, 68, 72, 82, 91, 94 (21)

Joint Exhibit No. 1:

NA/OC 7, 94

NR 2, 6 10, 22, 37, 44, 51, 57, 61, 69, 79, 80, 88

NRA 1, 3, 7, 11, 15, 16, 21, 49, 58, 63, 70, 75, 83, 84, 90

NRDS 5 32 not otherwise listed

IDF=NRA 21 + 32 = 53 struck

Duplicates: 86, 90, 93 96 lines - 53 struck = 43 valid

Page 313 (53 lines) 6 valid

Struck at Hearing: 3-6, 14-16, 21, 22, 36, 37, 39-43, 49, 50-52 (20)

Joint Exhibit No. 1:

NA/OC

NR 2, 7, 10, 20, 23, 24, 25, 26, 28, 29, 30, 31, 33, 34, 35, 44, 46 53, 54

NRA 8, 12, 17, 18, 19, 32, 38, 47

NRDS 27 not otherwise listed

IDF=NRA 20 + 27 = 47 struck

Duplicates: 53 lines - 47 struck = 6 valid

Page 314 (100 lines) 60 valid

Struck at Hearing: 5, 6, 8, 9, 29, 41, 52, 65-68, 76, 86, 89, 99, 100 (16)

35, 39 (2)

Joint Exhibit No. 1:

NA/OC 71, 79, 99

NR 28, 45, 63, 87, 95

NRA 1, 5, 6, 8, 9, 11, 15, 29, 37, 38, 40, 42, 50, 57, 60, 61, 64, 70, 76

NRDS 56 22 not otherwise listed

IDF=NRA 84 16 + 2 + 22 = 40 struck

Duplicates: 100 lines - 40 struck = 60 valid

Page 315 (101 lines) 5 valid

Struck at Hearing: 2-5, 9-21, 23, 25-29, 32, 34-41, 43-47, 49-53, 55, 57, 58, 60-65,

67, 68, 70-101 (88)

Joint Exhibit No. 1:

NA/OC 16

NR 1, 2, 19, 20, 35, 51, 52

NRA 7, 8, 10, 14, 15, 17, 18, 21, 23, 26, 28, 31, 33, 38, 39, 41, 48,

*49

49, 50 8 not otherwise listed

NRDS 11, 30 88 + 8 = 96 struck

IDF=NRA 6, 12 101 lines - 96 struck = 5 valid

Duplicates: 1, 3, 6, 9, 11, 16, 27, 29, 30, 31, 33, 36, 37, 39, 101

Page 316 (48 lines) 5 valid

Struck at Hearing: 2-6, 14-18, 25, 26, 29, 34 (16)

Joint Exhibit No. 1:

NA/OC

NR 1, 8, 9, 19, 23, 30, 31, 33, 36, 38, 40, 41, 42, 45, 47

NRA 10, 11, 15, 20, 22, 24, 27, 32, 35, 37 39, 48

NRDS 27 not otherwise listed

IDF=NRA 13 16 + 27 = 43 struck

Duplicates: 48 lines - 43 struck = 5 valid

Page 317 (92 lines) 76 valid

Struck at Hearing: 4, 8, 9, 10, 16, 17, 24-26, 30, 34, 43, 57, 58, 76, 77 (16)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 92 lines - 16 struck = 76 valid

Duplicates:

Page 318 (106 lines) 12 valid

Struck at Hearing: 3-8, 10, 12-15, 17, 23, 25-32, 35, 38-43, 46, 47, 52, 53, 55-58,

60-63, 65, 67-69, 71-73, 75, 76, 79-106 (78)

Joint Exhibit No. 1:

NA/OC

NR 2, 19, 20, 21, 24, 34, 54, 64

NRA 16, 18, 36, 37, 45, 49, 66, 70

NRDS 16 not otherwise listed

IDF=NRA 78 + 16 = 94 struck

Duplicates: 106 lines - 94 struck = 12 valid

Page 319 (100 lines) 14 valid

Struck at Hearing: 15-17, 23, 27-29, 35-37, 47, 49, 50, 53, 55, 73, 74, 91, 96,

99, 100 (21)

Joint Exhibit No. 1:

NA/OC 22, 32, 60, 63, 71

NR 8, 25, 31, 34, 57, 58, 59, 61, 62, 69, 70, 80, 81, 82, 83, 85, 86, 87,

88, 90, 98, 100

NRA 1, 2, 3, 5, 7, 9, 12, 13, 14, 19, 20, 21, 30, 39, 40, 41, 42, 43, 44, 45,

51, 53, 54, 56, 65, 66, 68, 76, 78, 84, 89, 93, 94, 95

NRDS 65 not otherwise listed

IDF=NRA 21 + 65 = 86 struck

Duplicates: 4, 6, 9, 14, 33, 36, 37, 38, 40, 65 100lines - 86 struck = 14 valid

Page 320 (110 lines) 29 valid

Struck at Hearing: 2-6, 14-18, 25, 26, 29, 34 (16)

Joint Exhibit No. 1: 65 not otherwise listed

NA/OC 16 + 65 = 81 struck

NR 110 lines - 81 struck = 29 valid

NRA 1, 2, 3, 6, 8, 10, 11, 12, 14, 15, 16, 18, 20, 25, 28, 29, 30, 35, 36, 39,

43, 46, 48, 49, 51, 54, 59, 60, 61, 64, 66, 67, 73, 74, 82, 84, 86, 87,

89, 90, 91, 92, 93, 95, 96, 98, 99, 100, 101, 106

NRDS 32, 57, 72

IDF=NRA 9, 33, 37, 38, 65, 69, 70, 71

*50

Duplicates: 1, 2, 11, 12, 21, 23, 29, 33, 36, 38, 44, 48, 50, 51, 53, 57, 63, 69, 76,

93, 95, 98, 99, 100, 101 106

Page 321 (110 lines) 12 valid

Struck at Hearing: 17, 18, 27, 29, 49, 51, 54-110 (63)

Joint Exhibit No. 1:

NA/OC 3, 5, 6, 8, 11, 16, 19, 21, 24, 25, 28, 33, 34

NR 4, 7, 12, 13, 23, 35, 36, 41, 43

NRA 9, 10, 22, 26, 30, 31, 37, 38, 42, 44, 46, 47

NRDS 35 not otherwise listed

IDF=NRA 14 63 + 35 = 98 struck

Duplicates: 110 lines - 98 struck = 12 valid

Page 322 (51 lines) 0 valid

Struck at Hearing: 1, 2, 4, 11, 13, 17, 23, 29, 30, 35, 36, 39, 40, 50 (14)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 51 lines - 51 struck = 0 valid

Duplicates: 27, 30, 36

Page 322 struck in its entirety by stipulation per order of Judge Mirarchi.

Page 323 (60 lines) 14 valid

Struck at Hearing: 13, 18, 35, 39, 48, 54, 56 (7)

Joint Exhibit No. 1:

NA/OC 5, 6, 8, 15, 16, 27, 38, 42, 44, 50, 57

NR 6, 19, 22, 23, 28, 41, 42, 43, 46, 50, 55, 57, 58

NRA 9, 11, 12, 29, 30, 36, 37, 45, 47, 49, 59

NRDS 39 not otherwise listed

IDF=NRA 7 + 39 = 46 struck

Duplicates: 1, 2, 5, 7, 59 60 lines - 46 struck = 14 valid

Page 324 (110 lines) 32 valid

Struck at Hearing: 12, 16, 17, 21, 32, 39, 40, 53, 63, 64, 90 (11)

Joint Exhibit No. 1:

NA/OC

NR 7, 8, 10, 15, 23, 25, 26, 27, 30, 33, 48, 56, 60, 62, 73, 82, 85, 88, 95,

96, 97, 102, 103, 106, 107

NRA 2, 4, 9, 11, 13, 19, 22, 34, 36, 49, 51, 58, 66, 67, 70, 72, 74, 89, 91,

92, 93, 94, 99, 100, 101, 104, 105, 109

NRDS 17, 20, 29, 31, 44

IDF=NRA 3, 41, 83

Duplicates: 5, 7, 19, 22, 36, 40, 41, 42, 45, 48, 63, 65, 70, 83, 96, 97, 99,

101 67 not otherwise listed

11 + 67 = 78 struck

110 lines - 78 struck = 32 valid

Page 325 (110 lines) 15 valid

Struck at Hearing: 7, 13, 15, 17, 19, 20, 22, 24, 42, 45, 46, 57, 68, 70, 71, 76, 82,

103, 106 (19)

Joint Exhibit No. 1:

NA/OC

NR 1, 3, 5, 6, 8, 9, 10, 11, 12, 14, 16, 25, 26, 27, 28, 31, 33, 34, 37, 40,

41, 43, 44, 47, 49, 51, 52, 53, 54, 55, 56, 60, 61, 62, 63, 65, 66, 67,

77, 79, 80, 84, 85, 87, 90, 91, 92, 95, 97, 98, 99, 100, 101, 102, 105,

107, 108, 110

NRA 48, 50, 59, 64, 69, 72, 73, 75, 78, 83, 86, 96, 109

*51

NRDS 29 76 not otherwise listed

IDF=NRA 4 19 + 76 = 95 struck

Duplicates: 58, 59, 69, 74, 78 110 lines - 95 struck = 15 valid

Page 326 (45 lines) 11 valid

Struck at Hearing: 2, 3, 24, 27, 28, 36, 40 (7)

Joint Exhibit No. 1:

NA/OC 27, 28

NR 4, 5, 7, 17, 18, 19, 20, 31, 32, 33, 37, 39, 42, 45

NRA 12, 14, 16, 21, 22, 35, 37, 39, 45

NRDS 6, 11 27 not otherwise listed

IDF=NRA 30, 34 7 + 27 = 34 struck

Duplicates: 45 lines - 34 struck = 11 valid

Page 327 (60 lines) 14 valid

Struck at Hearing: 1-3, 10, 16, 28, 41, 51, 54, 55 (10)

Joint Exhibit No. 1:

NA/OC

NR 5, 9, 11, 17, 18, 22, 24, 30, 32, 33, 34, 37, 39, 42, 43, 44, 46, 48, 49,

52, 59

NRA 6, 7, 8, 13, 14, 23, 27, 31, 47, 56, 58, 60

NRDS

IDF=NRA 15 36 not otherwise listed

Duplicates: 2, 3, 4, 16, 57 10 + 36 = 46 struck

60 lines - 46 struck = 14 valid

Page 328 (65 lines) 5 valid

Struck at Hearing: 1, 2, 11, 12, 15-17, 23, 26-28, 31, 36, 37, 39, 48, 57, 65 (18)

Joint Exhibit No. 1:

NA/OC 4, 6, 31, 34, 35, 36, 42, 57, 62, 64, 65

NR 6, 10, 29, 32, 33, 41, 43, 44, 45, 52, 53, 55, 56, 61

NRA 5, 8, 13, 18, 21, 30, 40, 46, 47,

49, 60 42 not otherwise listed

NRDS 18 + 42 = 60 struck

IDF=NRA 9 65 lines - 60 struck = 5 valid

Duplicates: 3, 5, 12, 13, 20, 21, 25, 29, 34, 36, 37, 38, 40, 41, 49, 50

Page 329 (100 lines) 22 valid

Struck at Hearing: 5, 6, 10-12, 21, 23, 24, 36, 37, 40, 42, 47, 51, 57, 59, 62, 68-70,

72, 75, 78, 79, 81, 83, 89, 95, 98, 100 (30)

Joint Exhibit No. 1:

NA/OC 3, 47, 63, 67

NR 2, 43, 44, 45, 53, 54, 56, 58, 60, 64, 77, 88, 90, 91, 92, 93, 99

NRA 1, 4, 7, 13, 15, 20, 22, 26, 29, 30, 35, 38, 46, 49, 76, 81 84, 94

NRDS 48 not otherwise listed

IDF=NRA 31, 61, 73, 85, 96 30 + 48 = 78 struck

Duplicates: 2, 3, 6, 19, 28, 80, 85, 86 100 lines - 78 struck = 22 valid

Page 330 (100 lines) 16 valid

Struck at Hearing: 1, 2, 7, 9, 10, 12, 16-19, 22, 24, 27-29, 32, 33, 38, 40, 42, 44,

45, 48, 52, 53, 69, 70, 72, 81, 88-90, 94, 96, 100 (35)

Joint Exhibit No. 1:

NA/OC 11, 18

NR 3, 5, 6, 41, 46, 49, 50, 58, 63, 67, 75, 77, 78, 82, 86, 90, 93, 95, 98

NRA 13, 14, 15, 23, 25, 34, 35, 36, 37, 39, 47, 57, 59, 60, 61, 62, 66, 68,

71, 73, 74, 76, 79, 85, 87, 92, 97

NRDS 49 not otherwise struck

IDF=NRA 26, 83 35 + 49 = 84 struck

Duplicates: 93 100 lines - 84 struck = 16 valid

*52

Page 331 (53 lines) 5 valid

Struck at Hearing: 1, 3, 4, 5, 10, 12-15, 17-19, 21, 24-26, 28, 30-32, 35, 37, 39-43,

48, 53 (30)

Joint Exhibit No. 1:

NA/OC 9, 11, 29

NR 6, 8, 9, 11, 20, 31, 34, 43, 49, 50

NRA 7, 23, 33, 36, 44, 45, 51

NRDS 2 18 not otherwise listed

IDF=NRA 16 30 + 18 = 48 struck

Duplicates: 53 lines - 48 struck = 5 valid

Page 332 (104 lines) 40 valid

Struck at Hearing: 1-5, 8, 9, 11, 13, 20, 31, 32, 36, 37, 47, 53, 59, 63, 71, 81-84,

89, 91, 94, 99, 102, 104 (29)

Joint Exhibit No. 1:

NA/OC 99

NR 6, 23, 25, 48, 69, 96

NRA 10, 14, 15, 16, 17, 19, 24, 28, 35, 39, 40, 44, 46, 54, 55, 56, 67, 74,

77, 88, 92, 95, 97, 98

NRDS 29 35 not otherwise listed

IDF=NRA 22, 30, 50 29 + 35 = 64 struck

Duplicates: 101 104 lines - 64 struck = 40 valid

Page 333 (103 lines) 49 valid

Struck at Hearing: 26, 27, 37, 38, 44-47, 51, 54, 55, 65, 67-70, 73, 74, 79, 80, 83,

88-90, 93 (26)

Joint Exhibit No. 1:

NA/OC 65, 83, 90

NR 8, 19, 35, 49, 78

NRA 4, 5, 7, 16, 18, 28, 33, 41, 43, 52, 75, 84, 87

NRDS 22, 24 28 not otherwise listed

IDF=NRA 13, 25, 59, 66 26 + 28 = 54 struck

Duplicates: 1, 2, 3, 4, 59, 67, 68, 102 103 lines - 54 struck = 49 valid

Page 334 (81 lines) 46 valid

Struck at Hearing: 40, 50-53, 78-81 (9)

Joint Exhibit No. 1:

NA/OC

NR 1, 4, 12, 26, 29, 31, 32, 46, 47, 63, 73

NRA 20, 21, 28, 33, 34, 41, 43, 48, 65, 71, 81

NRDS 27 26 not otherwise listed

IDF=NRA 16, 25, 80 9 + 26 = 35 struck

Duplicates: 10 81 lines - 35 struck = 46 valid

Page 335 (93 lines) 30 valid

Struck at Hearing: 9, 17, 18, 21-26, 30, 34, 35, 39, 53, 61, 65, 66, 74, 80, 82,

91 (21)

Joint Exhibit No. 1:

NA/OC 22, 82, 91

NR 8, 10, 11, 12, 22, 23, 28, 29, 37, 44, 55, 67, 84, 93

NRA 2, 3, 4, 5, 6, 14, 15, 19, 21, 33, 38, 45, 52, 57, 58, 63, 64, 68, 70, 71,

79, 88, 90

NRDS 56, 78 42 not otherwise listed

IDF=NRA 41, 69, 92 21 + 42 = 63 struck

Duplicates: 77, 83, 89 93 lines - 63 struck = 30 valid

Page 336 (110 lines) 47 valid

Struck at Hearing: 1-3, 7-10, 15-17, 32-34, 37-40, 42, 44-49, 51, 52, 55-57, 72, 73,

*53

75-78, 86-91, 96, 97 (43)

Joint Exhibit No. 1:

NA/OC

NR 59, 82

NRA 4, 12, 18, 19, 23, 29, 62, 84, 85, 92, 95, 105

NRDS 41 20 not otherwise listed

IDF=NRA 27, 58, 66, 79, 100 43 + 20 = 63 struck

Duplicates: 110 - 63 = 47 valid

Page 337 (105 lines) 102 valid

Struck at Hearing:

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 3 not otherwise listed

Duplicates: 1, 7, 22 105 lines - 3 struck = 102 valid

Page 338 (51 lines) 20 valid

Struck at Hearing:

Joint Exhibit No. 1:

NA/OC

NR 1, 11, 12, 13, 18, 39

NRA 5, 6, 8, 9, 10, 16, 17, 30, 32, 33, 44, 49, 50

NRDS 25 31 not otherwise listed

IDF=NRA 51 lines - 31 struck = 20 valid

Duplicates: 6, 11, 12, 16, 33, 35, 36, 37, 38, 42, 51

Page 339 (53 lines) 51 valid

Struck at Hearing:

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 2 not otherwise listed

Duplicates: 1, 41 53 lines - 2 struck = 51 valid

Page 340 (45 lines) 15 valid

Struck at Hearing:

Joint Exhibit No. 1:

NA/OC

NR 1, 2, 3, 8, 14, 15, 20, 29, 30, 33, 36, 45

NRA 4, 12, 18, 19, 22, 23, 26, 31

NRDS 30 not otherwise listed

IDF=NRA 11 45 - 30 struck = 15 valid

Duplicates: 8, 10, 11, 14, 16, 18, 19, 26, 28

Page 341 (110 lines) 0 valid

Struck at Hearing: 1-110 (110)

Joint Exhibit No. 1:

NA/OC 5

NR

NRA 4

NRDS 110 lines - 110 struck = 0 valid

IDF=NRA

Duplicates:

*54

Page 342 (71 lines) 0 valid

Struck at Hearing: 1-71 (71)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS 71 lines - 71 struck = 0 valid

IDF=NRA

Duplicates:

Page 343 (105 lines) 13 valid

Struck at Hearing: 8, 12-17, 24-105 (89)

Joint Exhibit No. 1:

NA/OC

NR

NRA 7

NRDS 3 not otherwise listed

IDF=NRA 4, 9 89 + 3 = 92 struck

Duplicates: 105 lines - 9 struck = 13 valid

Page 344 (110 lines) 36 valid

Struck at Hearing: 3, 7, 9, 11, 15, 18, 19, 30, 37, 39, 64, 65, 69, 74, 79, 80, 89, 90,

93, 95 (20)

Joint Exhibit No. 1:

NA/OC 7, 8, 46, 80, 83, 95

NR 13, 23, 24, 29, 32, 35, 38, 43, 45, 49, 57, 58, 62, 66, 67, 73, 84, 87,

105, 106, 110

NRA 4, 5, 6, 21, 25, 26, 27, 34, 42, 48, 50, 54, 59, 70, 75, 76, 78, 83, 88,

92, 96, 98, 100, 103

NRDS 54 not otherwise listed

IDF=NRA 36, 55, 56, 63, 91, 97 20 + 54 = 74 struck

Duplicates: 110 lines - 74 struck = 36 valid

Page 345 (36 lines) 10 valid

Struck at Hearing: 21, 23-26, 31, 32 (7)

Joint Exhibit No. 1:

NA/OC 2, 25

NR 1, 4, 13, 14, 16, 19, 20, 29, 33, 36

NRA 8, 10, 11, 12, 15, 22, 30

NRDS 19 not otherwise listed

IDF=NRA 7 7 + 19 = 26 struck

Duplicates: 36 lines = 26 struck = 10 valid

Page 346 (100 lines) 0 valid

Struck at Hearing: 1-100 (100)

Joint Exhibit No. 1:

NA/OC

NR 31, 34, 43, 49, 71, 75, 99, 100

NRA 7, 8, 9, 11, 14, 16, 18, 19, 20, 21, 27, 29, 33, 38, 39, 40, 53, 59, 60,

74, 79, 88

NRDS 28, 35

IDF=NRA 17, 84 100 lines - 100 struck = 0 valid

Duplicates: 6

Page 347 (110 lines) 71 valid

Struck at Hearing: (0)

Joint Exhibit No. 1:

NA/OC 20, 21, 38, 40, 53, 88

NR 10, 19 30, 31, 21, 49, 57, 66, 72, 78, 83, 90, 104, 106

*55

NRA 16, 23, 26, 28, 34, 54, 56, 58, 59, 60, 65, 74, 75, 77, 97, 98

NRDS 87

IDF=NRA 29, 102 39 not otherwise listed

Duplicates: 110 lines - 39 struck = 71 valid

Page 348 (110 lines) 23 valid

Struck at Hearing: 8, 13, 18, 24, 36, 37, 42, 44, 45, 50, 60-63, 65, 68, 69, 80, 83,

97, 100 (21)

Joint Exhibit No. 1:

NA/OC

NR 1, 3, 5, 11, 14, 15, 27, 28, 32, 33, 34, 35, 36, 41, 43, 46, 49, 51, 52,

53, 57, 58, 66, 67, 73, 79, 81, 82, 84, 87, 89, 91, 92, 94, 99, 102,

103, 104, 106, 108, 109

NRA 2, 4, 10, 21, 22, 29, 30, 31, 40, 47, 48, 70, 71, 75, 77, 86, 88, 93

NRDS 16 66 not otherwise listed

IDF=NRA 9, 90 21 + 66 = 87 struck

Duplicates: 2, 6, 9, 38, 47, 48, 77, 93, 95 110 lines - 87 struck = 23 valid

Page 349 (64 lines) 14 valid

Struck at Hearing: 4, 6, 7-14, 16, 17, 19, 20, 23, 24, 27, 30-32, 34, 38-40, 42, 43,

47, 48, 50-53, 59-62 (36)

Joint Exhibit No. 1:

NA/OC 36, 40

NR 7, 10, 21, 22, 35, 41, 43, 52, 63

NRA 1, 3, 4, 9, 14, 15, 16, 20, 29, 31, 34, 55, 60

NRDS

IDF=NRA 8, 13, 53, 58 14 not otherwise listed

Duplicates: 1, 2, 3, 64 36 + 14 = 50 struck

64 lines - 50 struck = 14 valid

Page 350 (103 lines) 2 valid

Struck at Hearing: 1-63, 65-81, 83-103 (101)

Joint Exhibit No. 1:

NA/OC

NR 3, 8, 9, 14, 15, 19, 23, 24, 32, 37, 38, 46, 48, 53, 58, 68, 69, 75, 76,

83, 98, 100

NRA 12, 47, 67

NRDS 77

IDF=NRA 103 lines - 101 struck = 2 valid

Duplicates:

Page 351 (25 lines) 2 valid

Struck at Hearing: 2, 5, 6, 13, 22, 23 (6)

Joint Exhibit No. 1:

NA/OC 19, 24

NR 2, 3, 8, 10, 25

NRA 4, 7, 9, 14, 15, 16, 17, 20, 21

NRDS 11, 12 17 not otherwise listed

IDF=NRA 6 + 17 = 23 struck

Duplicates: 12 25 - 23 struck = 2 valid

Page 352 (50 lines) 14 valid

Struck at Hearing: 4-10, 12-15, 17, 19-24, 26-32, 34-38, 43-45, 47, 49, 50 (36)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 50 lines - 36 struck = 14 valid

*56

Duplicates:

Page 353 (110 lines) 67 valid

Struck at Hearing: 2, 3-6, 8, 10, 12, 14-16, 18-25, 28, 30, 33-41, 45, 46-48, 50, 59,

67, 76, 85, 95, 98, 104-107 (43)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 110 lines - 43 struck = 67 valid

Duplicates:

Page 355 (106 lines) 14 valid

Struck at Hearing: 5, 15, 21, 22, 31, 32, 43, 44, 48, 51-53, 57-60, 62, 64-66, 74,

75, 77, 81-87, 103, 105, 106 (33)

Joint Exhibit No. 1:

NA/OC 10, 15, 20, 21, 22, 31, 32, 42, 44, 45, 50, 51, 52, 53, 54, 57, 58, 59,

60, 62, 64, 65, 66, 74, 75, 77, 78, 81, 82, 83, 84, 85, 86, 87, 93, 101,

103, 105, 106

NR 3, 4, 5, 6, 7, 11, 16, 23, 24, 25, 26, 27, 28, 29, 33, 35, 36, 39, 40, 41,

43, 48, 55, 61, 67, 68, 69, 71, 73, 88, 89, 91, 92, 95, 97, 100

NRA 1, 8, 12, 14, 19, 34, 38, 46, 47, 49, 63, 70, 90, 94, 99, 104

NRDS 13 59 not otherwise listed

IDF=NRA 33 + 59 = 92 struck

Duplicates: 106 lines - 92 struck = 14 valid

Page 356 (59 lines) 54 valid

Struck at Hearing: (0)

Joint Exhibit No. 1:

NA/OC

NR Not included in Joint Ex. 1

NRA

NRDS 5 not otherwise listed

IDF=NRA 59 lines - 5 struck = 54 valid

Duplicates: 24, 25, 39, 58, 59

Page 357 (55 lines) 28 valid

Struck at Hearing: (0)

Joint Exhibit No. 1:

NA/OC 14, 45, 50

NR 1, 10, 23, 40, 48

NRA 2, 5, 9, 13, 18, 22, 24, 25, 26, 28, 29, 30, 39, 44, 46, 47, 49, 55

NRDS

IDF=NRA 27 27 not otherwise listed

Duplicates: 55 lines - 27 struck = 28 valid

Page 358 (35 lines) 7 valid

Struck at Hearing: 1, 6, 14, 23, 24 (5)

Joint Exhibit No. 1:

NA/OC 12, 18

NR 3, 7, 9, 10, 26, 27

NRA 5, 15, 16, 17, 19, 20, 25, 28, 30, 31

NRDS 8, 29 23 not otherwise listed

IDF=NRA 21 5 + 23 = 28 struck

Duplicates: 5, 23, 35 35 lines - 28 struck = 7 valid

Page 359 (48 lines) 9 valid

Struck at Hearing: 11, 13 (2)

*57

Joint Exhibit No. 1:

NA/OC 7, 8, 12, 16, 18, 23, 24, 25, 26, 30, 31, 37, 40, 42, 46, 47

NR 2, 3, 4, 6, 10, 27, 34, 36, 38, 44, 48

NRA 5, 17, 20, 21, 33, 41, 43

NRDS 9, 22 37 not otherwise listed

IDF=NRA 29 2 + 37 = 39 struck

Duplicates: 48 lines - 39 struck = 9 valid

Page 360 (50 lines) 0 valid

Struck at Hearing: 1-50 (50)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 50 lines - 50 struck = 0 valid

Duplicates:

Page 361 (50 lines) 29 valid

Struck at Hearing: 1, 4-8, 15-17, 24-27, 32, 36, 38-43, 45 (20)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1 1 not otherwise listed

NRDS 20 + 1 = 21 struck

IDF=NRA 50 lines - 21 struck = 29 valid

Duplicates: 10, 45

Page 362 (50 lines) 32 valid

Struck at Hearing: 1, 2, 7, 10-13, 17, 19, 21, 28, 29, 32, 34, 35, 43, 44, 50 (18)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 50 lines - 18 struck = 32 valid

Duplicates:

Page 363 (58 lines) 11 valid

Struck at Hearing: 6, 17-19, 21, 33, 34-36, 38, 42, 44, 46, 49 (14)

Joint Exhibit No. 1:

NA/OC

NR 7, 14, 22, 23, 45, 51, 53, 58

NRA 12, 23, 26, 28, 39, 40, 47, 48, 52, 54, 56

NRDS

IDF=NRA 4, 5, 15, 29 33 not otherwise listed

Duplicates: 6, 8, 9, 10, 11, 13, 16, 24, 50, 14 + 33 = 47 struck

55, 57

58 lines - 47 struck = 11 valid

Page 364 (34 lines) 11 valid

Struck at Hearing: 1 (1)

Joint Exhibit No. 1:

NA/OC 9

NR 8, 11, 19, 26, 27, 34

NRA 7, 10, 12, 13, 14, 20, 29 22 not otherwise listed

NRDS 1 + 22 = 23 struck

IDF=NRA 34 lines - 23 struck = 11 valid

Duplicates: 15, 17, 18, 21, 22, 23, 25, 31

*58

Page 365 (60 lines) 34 valid

Struck at Hearing: 1-8, 11, 18, 23, 24, 34-36, 41-44, 47, 49, 50, 52, 55-57 (26)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS 60 lines - 26 struck = 34 valid

IDF=NRA

Duplicates:

Page 366 (53 lines) 33 valid

Struck at Hearing: 24, 30, 31, 33, 36, 37, 40, 49-51, 53 (11)

Joint Exhibit No. 1:

NA/OC

NR 19, 21, 23

NRA 25, 32, 34, 38, 42, 48

NRDS 9 not otherwise listed

IDF=NRA 11 + 9 = 20 struck

Duplicates: 53 lines - 20 struck = 33 valid

Page 367 (80 lines) 0 valid

Struck at Hearing: 1-80 (80)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 80 lines - 80 struck = 0 valid

Duplicates:

Page 368 (6lines) 22 valid

Struck at Hearing: 2-5, 9, 12, 13, 16, 18-20, 24-31, 33-38, 40-44, 50-55, 58-60 (39)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 61 lines - 39 struck = 22 valid

Duplicates:

Page 369 (95 lines 29 valid

Struck at Hearing: 4, 24, 25, 29, 45, 58, 61, 69, 71, 76, 93, 94 (13)

Joint Exhibit No. 1:

NA/OC 15

NR 19, 22, 27, 28, 40, 42, 43, 68, 72, 87

NRA 3, 14, 16, 20, 25, 26, 32, 33, 35, 41, 46, 47, 51, 53, 58, 59, 64,

81, 89, 91, 95 53 not otherwise listed

NRDS 18, 31, 36, 66, 80 13 + 53 = 66 struck

IDF=NRA 8, 50, 60 95 lines - 66 struck = 29 valid

Duplicates: 2, 7, 10, 30, 67, 74, 75, 78, 79, 82, 83, 84, 85, 86, 88

Page 370 (110 lines) 43 valid

Struck at Hearing: 53, 104 (2)

Joint Exhibit No. 1:

NA/OC 106

NR 12, 18, 20, 33, 44, 45, 57, 70, 87, 93

*59

NRA 5, 6, 7, 8, 19, 22, 24, 26, 27, 28, 30, 31, 39, 40, 42, 46, 48, 54, 59,

60, 62, 63, 74, 66, 68, 69, 71, 72, 73, 74, 75, 76, 79, 82, 85, 88, 89,

90, 92, 97, 99, 100, 101, 103, 110

NRDS 65 not otherwise listed

IDF=NRA 2 + 65 = 67 struck

Duplicates: 2, 3, 4, 11, 13, 32, 51, 61, 91 110 lines - 67 struck = 43 valid

Page 371 (35 lines) 13 valid

Struck at Hearing: 8, 9, 10, 13, 23, 32, 35 (7)

Joint Exhibit No. 1:

NA/OC 8, 10, 23, 27

NR 1, 5, 20

NRA 4, 7, 14, 15, 16, 18, 25, 26, 28, 31

NRDS 15 not otherwise listed

IDF=NRA 3 7 + 15 = 22 struck

Duplicates: 35 lines - 22 struck = 13 valid

Page 372 (110 lines) 26 valid

Struck at Hearing: 71, 75, 94, 99, 104 (5)

Joint Exhibit No. 1:

NA/OC 7

NR 3, 9, 14, 15, 18, 26, 27, 28, 33, 39, 44, 49, 52, 54, 60, 62, 64, 72, 74,

77, 78, 80, 84, 85, 87, 88, 93, 98

NRA 2, 5, 6, 8, 10, 17, 19, 21, 25, 29, 30, 35, 36, 38, 40, 43, 46, 47, 58,

61, 65, 66, 81, 82, 83, 86, 90, 95, 96, 97, 101, 102, 103, 105, 106,

107

NRDS 37 79 not otherwise listed

IDF=NRA 4, 20, 50, 51, 68, 79, 91 5 + 79 = 84 struck

Duplicates: 1, 2, 6, 22, 31, 59 110 lines - 84 struck = 26 valid

Page 373 (40 lines) 25 valid

Struck at Hearing: 2, 5, 6, 7, 28, 33, 39, 40 (8)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS 7 not otherwise listed

IDF=NRA 8 + 7 = 15 struck

Duplicates: 17, 21, 22, 31, 32, 34, 36 40 lines - 15 struck = 25 valid

Page 374 (104 lines) 32 valid

Struck at Hearing: 2, 8, 10, 18, 19, 21, 26, 30, 32, 42, 44, 51, 61, 62, 63, 72, 73,

78, 79, 80, 81, 94, 101 (23)

Joint Exhibit No. 1:

NA/OC 55

NR 16, 34, 39, 43, 48, 54, 59, 68, 85, 87, 96, 98, 100

NRA 9, 15, 17, 20, 22, 24, 27, 29, 40, 41, 45, 46, 56, 58, 60, 66, 70,

76, 77, 88, 99 49 not otherwise listed

NRDS 4 23 + 49 = 72 struck

IDF=NRA 11, 23, 38, 90 104 lines - 72 struck = 32 valid

Duplicates: 44, 50, 61, 62, 63, 64, 65, 67, 69, 71, 72, 82, 93

Page 376 (110 lines) 46 valid

Struck at Hearing: 1, 13, 14, 15, 21, 23, 24, 26, 27, 33, 34, 36, 37, 38, 42, 58, 69,

70, 79, 100 (20)

Joint Exhibit No. 1:

NA/OC 35, 49, 53, 81, 86, 88, 99

NR 4, 8, 28, 30, 32, 60, 63, 76, 84, 85, 89, 104, 105, 106

NRA 12, 17, 44, 47, 54, 61, 72, 80, 87, 95, 97, 102, 103, 107, 109, 110

*60

NRDS 5 44 not otherwise listed

IDF=NRA 10, 22, 25, 39, 64, 66 20 + 44 = 64 struck

Duplicates: 110 lines - 64 struck = 46 valid

Page 377 (110 lines) 0 valid

Struck at Hearing: 1-110 (110)

Joint Exhibit No. 1:

NA/OC

NR Not included in Joint Ex. 1

NRA 110 lines - 110 struck = 0 valid

NRDS

IDF=NRA

Duplicates: 27, 30, 34, 35, 40, 55, 56, 58, 68, 70

Page 378 (110 lines) 16 valid

Struck at Hearing: 1, 9, 30, 31, 34, 35, 37, 46, 47, 49, 57, 62, 63, 68, 69, 78, 79,

80, 86, 87, 98, 101, 107 (23)

Joint Exhibit No. 1:

NA/OC

NR 6, 10, 11, 12, 15, 25, 28, 33, 36, 38, 43, 51, 52, 53, 56, 59, 60, 61,

65, 66, 67, 72, 73, 81, 82, 84, 85, 89, 90, 92, 95, 97, 100, 102, 103,

104, 108, 109

NRA 3, 8, 13, 14, 18, 22, 27, 29, 40, 41, 44, 48, 50, 55, 64, 70, 71, 74, 75,

77, 83, 91, 93, 94, 96, 105, 106, 110

NRDS 7 71 not otherwise listed

IDF=NRA 23 + 71 = 94 struck

Duplicates: 4, 17, 20, 23 110 lines - 94 struck = 16 valid

Page 379 (100 lines) 100 valid

Struck at Hearing:

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 100 lines - 0 struck = 100 valid

Duplicates:

Page 380 (100 lines) 0 valid

Struck at Hearing: 1-100 (100)

Joint Exhibit No. 1:

NA/OC

NR 2, 5, 8, 12, 14, 15, 19, 20, 28, 30, 31, 34, 41, 45, 46, 56, 58, 64, 68,

69, 73, 74, 75, 80, 86, 89, 91, 94, 95, 96, 99, 100

NRA 4, 10, 18, 27, 43, 48, 57

NRDS

IDF=NRA 100 lines - 100 struck = 0 valid

Duplicates:

Page 381 (110 lines) 52 valid

Struck at Hearing: 1, 3, 7, 8, 10, 20, 21, 33, 34, 36, 37, 64, 68, 81, 92, 99, 100,

106 (18)

Joint Exhibit No. 1:

NA/OC 101

NR 59, 75, 78, 86, 87

NRA 4, 16, 17, 18, 23, 28, 52, 58, 60, 62, 63, 65, 67, 69, 71, 76, 77, 79,

82, 83, 85, 89, 90, 91, 94, 98, 102, 104, 108, 109

NRDS 40 not otherwise listed

IDF=NRA 6, 19, 70, 88 18 + 40 = 58 struck

*61

Duplicates: 110 lines - 58 struck = 52 valid

Page 382 (100 lines) 30 valid

Struck at Hearing: 9, 10, 11, 12, 16, 27, 3, 35, 37, 38, 39, 40, 41, 42, 43, 60, 61,

62, 63, 64, 65, 72, 81, 88, 89, 92, 94, 96, 97, 98, 99, 100 (33)

Joint Exhibit No. 1:

NA/OC 79, 84

NR 17, 47, 48, 54, 55, 56, 66, 83

NRA 15, 18, 20, 21, 23, 24, 30, 36, 44, 46, 50, 51, 52, 53, 67, 68, 69, 76,

78, 82, 85, 86, 87, 91

NRDS 37 not otherwise listed

IDF=NRA 13, 25, 73 33 + 37 = 70 struck

Duplicates: 100 lines - 70 struck = 30 valid

Page 383 (60 lines) 36 valid

Struck at Hearing: 5, 9, 16, 17, 18, 19, 20, 21, 22, 23, 30, 34, 37, 53 (14)

Joint Exhibit No. 1:

NA/OC

NR 15, 31, 42

NRA 33, 38, 40, 41, 45

NRDS 10 not otherwise listed

IDF=NRA 11, 44 14 + 10 = 24 struck

Duplicates: 60 lines - 24 struck = 36 valid

Page 384 (110 lines) 7 valid

Struck at Hearing: 2, 8-14, 17-53, 54-74, 75-78, 84, 86, 88-90, 96-100, 103,

105, 110 (86)

Joint Exhibit No. 1:

NA/OC 14, 48

NR 2, 4, 15, 18, 30, 38, 49, 58, 62, 69, 80, 110

NRA 3, 7, 19, 21, 27, 36, 42, 43, 46, 53, 60, 65, 68, 71, 79, 81, 82, 83, 84,

85, 86, 87, 88, 91, 96, 98, 107, 109

NRDS 17 not otherwise listed

IDF=NRA 6, 10, 92, 97, 103 86 + 17 = 103 struck

Duplicates: 45, 59 110 lines - 103 struck = 7 valid

Page 385 (110 lines) 8 valid

Struck at Hearing: 2, 3, 11, 12, 15-53, 54-100, 101-107, 108, 109 (96)

Joint Exhibit No. 1:

NA/OC

NR 2, 5, 8, 14, 18, 20, 22, 24, 27, 31, 33, 47, 52, 58, 59, 60, 63, 65, 67,

68, 69, 71, 72, 73, 80, 88, 90, 97, 99, 103

NRA 1, 3, 4, 6, 15, 21, 26, 28, 29, 34, 40, 41, 44, 53, 55, 61, 104, 105, 106

NRDS 6 not otherwise listed

IDF=NRA 43, 49, 62, 74, 92, 93 96 + 6 = 102 struck

Duplicates: 32, 102 110 lines - 102 struck = 8 valid

Page 386 (82 lines) 58 valid

Struck at Hearing: 5, 10-11, 13, 14, 26-30, 32, 33, 34, 35, 41, 42, 52, 53, 56, 57,

65, 67, 71, 72 (24)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 82 lines - 24 struck = 58 valid

Duplicates:

Page 387 (55 lines) 25 valid

*62

Struck at Hearing: 23, 24, 26-28, 30-32, 34, 37, 45, 46, 53 (11)

Joint Exhibit No. 1:

NA/OC 34

NR 5, 7, 9, 11, 13, 31, 37, 40, 44, 46

NRA 6, 14, 15, 16, 19, 22, 23, 24, 25, 27, 38, 48, 49, 54

NRDS 19 not otherwise listed

IDF=NRA 4 11 + 19 = 30 struck

Duplicates: 55 lines - 30 struck = 25 valid

Page 388 (110 lines) 29 valid

Struck at Hearing: 8, 23, 35, 43, 44, 51, 53, 61, 74, 91, 95, 102 (12)

Joint Exhibit No. 1:

NA/OC 84

NR 1, 5, 15, 20, 24, 36, 39, 41, 42, 45, 46, 54, 56, 72, 75, 78, 80, 90, 96,

100, 108, 109

NRA 3, 4, 6, 11, 13, 14, 18, 25, 26, 27, 28, 29, 31, 34, 48, 49, 50, 59, 62,

63, 70, 79, 82, 83, 85, 93, 94, 104, 107

NRDS 69 not otherwise listed

IDF=NRA 33, 40, 55, 58, 66, 67, 87, 98,

103 12 + 69 = 81 struck

Duplicates: 16, 19, 35, 37, 51, 57, 60, 69,

76, 81 110 - 81 struck = 29 valid

Page 389 (53 lines) 10 valid

Struck at Hearing: 20, 44 (2)

Joint Exhibit No. 1:

NA/OC 42

NR 3, 8, 41, 45, 46, 47, 48, 52

NRA 2, 5, 6, 9, 10, 11, 12, 16, 19, 21, 23, 24, 28, 29, 30, 32, 33, 35, 36,

37, 38, 40, 43, 50, 51, 53

NRDS 41 not otherwise listed

IDF=NRA 1, 7, 26, 39, 49 2 + 41 = 43 struck

Duplicates: 15 53 lines - 43 struck = 10 valid

Page 390 (110 lines) 28 valid

Struck at Hearing: 5, 19, 21, 28, 29, 50, 52, 53, 66, 73, 85, 90, 95, 96 (15)

Joint Exhibit No. 1:

NA/OC 37

NR 3, 11, 12, 18, 25, 35, 47, 48, 49, 54, 63, 67, 68, 70, 71, 77, 81, 84,

86, 91, 93, 94, 99, 100, 105, 109, 110

NRA 9, 15, 17, 24, 26, 27, 31, 36, 41, 43, 44, 45, 56, 57, 59, 60, 62, 72,

74, 75, 79, 83, 87, 88, 89, 97, 101, 102, 107

NRDS 67 not otherwise listed

IDF=NRA 7, 20, 23, 30, 51, 58, 61, 69, 82,

108 15 + 67 = 82 struck

Duplicates: 110 lines - 82 struck = 28 valid

Page 391 (110 lines) 38 valid

Struck at Hearing: 10, 20, 26, 27, 28, 29, 30, 31, 42, 45, 46, 47, 48, 49, 50, 51, 52, 53,

61, 62, 63, 66, 68, 69, 72, 73, 76, 78, 80, 85, 86, 87, 88, 91,

92, 93, 95, 96, 97, 105, 109, 110 (42)

Joint Exhibit No. 1:

NA/OC 6, 12, 17

NR 2, 7, 37, 41, 44, 57, 58, 106

NRA 1, 9, 15, 32, 34, 35, 36, 54, 59, 60, 74, 75, 81, 82, 83, 84, 94

NRDS 30 not otherwise listed

IDF=NRA 39, 98 42 + 30 = 72 struck

Duplicates: 110 lines - 72 struck = 38 valid

*63

Page 392 (106 lines) 57 valid

Struck at Hearing: 27, 28, 33, 38, 39, 55, 56, 57, 58, 59, 60, 68, 93, 94, 95, 96,

98, 106, 108, 109, 110 (21)

Joint Exhibit No. 1:

NA/OC 18, 87, 99

NR 16, 19, 35, 67, 83, 90, 97, 104

NRA 9, 10, 12, 13, 17, 37, 46, 61, 88, 92, 101

NRDS 1 28 not otherwise listed

IDF=NRA 8, 21, 30, 42, 66 21 + 28 = 49 struck

Duplicates: 106 lines - 49 struck = 57 valid

Page 393 (61 lines) 43 valid

Struck at Hearing: 29, 30, 49, 50, 54 (5)

Joint Exhibit No. 1:

NA/OC

NR 13 not otherwise listed

NRA Not included in Joint Ex. 1 5 + 13 = 18 struck

NRDS 61 lines - 18 struck = 43 valid

IDF=NRA

Duplicates: 3, 6, 8, 18, 20, 23, 24, 26, 37, 38, 53, 56, 57

Page 395 (60 lines) 34 valid

Struck at Hearing: 30, 32, 39 (3)

Joint Exhibit No. 1:

NA/OC

NR 5, 13, 16, 24, 25, 27, 31, 36, 45, 58, 59

NRA 17, 18, 26, 28, 38, 43, 50, 53

NRDS 23 not otherwise listed

IDF=NRA 22, 41, 44, 52 3 + 23 = 26 struck

Duplicates: 60 lines - 26 struck = 34 valid

Page 396 (52 lines) 26 valid

Struck at Hearing: 13, 14, 25, 31, 37, 38, 43 (7)

Joint Exhibit No. 1:

NA/OC

NR 12, 15, 22, 27

NRA 3, 4, 11, 16, 17, 18, 20, 30, 40, 41, 47, 50

NRDS 19 not otherwise listed

IDF=NRA 9, 39 7 + 19 = 26 struck

Duplicates: 42 52 lines - 26 struck = 26 valid

Page 397 (41 lines) 12 valid

Struck at Hearing: 5, 34, 35 (3)

Joint Exhibit No. 1:

NA/OC 1

NR 10, 11, 18, 25, 29, 37, 38, 41

NRA 4, 7, 12, 13, 14, 17, 19, 21, 24, 26, 28, 30, 31, 40

NRDS

IDF=NRA 2

Duplicates: 32, 36

Page 398 (53 lines) 3 valid

Struck at Hearing: 2, 7-11, 14-19, 24-29, 31-40, 42-44, 47, 51 (33)

Joint Exhibit No. 1:

NA/OC 31, 49

NR 14, 15, 16, 50

NRA 2, 3, 5, 9, 10, 11, 12, 13, 17, 18, 19, 20, 21, 24, 25, 26, 29, 34, 35,

37, 41, 45, 48, 51, 52

NRDS 17 not otherwise listed

*64

IDF=NRA 42 33 + 17 = 50 struck

Duplicates: 53 lines—50 struck = 3 valid

Page 399 (83 lines) 0 valid

Struck at Hearing: 1-83 (83)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 83 lines - 83 struck = 0 valid

Duplicates:

Page 399 struck in its entirety by stipulation per order of Judge Mirarchi.

Page 400 (110 lines) 108 valid

Struck at Hearing: 52, 53 (2)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 110 lines - 2 struck = 108 valid

Duplicates:

Page 401 (88 lines) 0 valid

Struck at Hearing: 1-88 (88)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 88 lines - 88 struck = 0 valid

Duplicates:

Page 402 (53 lines) 0 valid

Struck at Hearing: 1-53 (53)

Joint Exhibit No. 1:

NA/OC 19, 27, 34

NR 2, 6, 14, 21, 22, 26, 28, 29

NRA 1, 3, 4, 5, 7, 10, 11, 12, 16, 24, 25, 30, 32, 33

NRDS

IDF=NRA 53 lines - 53 struck = 0 valid

Duplicates:

Page 403 (110 lines) 24 valid

Struck at Hearing: 32, 35, 39, 42, 83, 90, 91, 103 (8)

Joint Exhibit No. 1:

NA/OC 9, 10, 12, 20, 25, 80, 84

NR 1, 19, 30, 31, 41, 43, 47, 49, 50, 55, 64, 65, 68, 69, 71, 72, 73, 76,

77, 78, 79, 81, 82, 85, 87, 93, 95, 96, 105

NRA 2, 11, 21, 22, 26, 27, 28, 29, 33, 34, 36, 37, 38, 40, 44, 45, 46, 48,

51, 52, 53, 54, 56, 57, 58, 60, 61, 62, 63, 74, 75, 86, 88, 89,

92, 99, 100, 104, 106 109 78 not otherwise listed

NRDS 8 + 78 = 86 struck

IDF=NRA 110 lines - 86 struck = 24 valid

Duplicates: 13, 59

Page 404 (53 lines) 38 valid

Struck at Hearing: 3, 11, 12, 13, 15, 16, 27, 28, 51 (9)

*65

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS 6 not otherwise listed

IDF=NRA 9 + 6 = 15 struck

Duplicates: 1, 5, 10, 20, 21, 53 53 lines - 15 struck = 38 valid

Page 405 (62 lines) 50 valid

Struck at Hearing: 6, 9, 11, 13, 16, 30, 31, 32, 33, 34, 59, 60 (12)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 62 lines - 12 struck = 50 valid

Duplicates: 59

Page 406 (110 lines) 30 valid

Struck at Hearing: 3, 4, 5, 7, 12, 15, 35, 40, 48-51, 53, 56, 69, 70, 71, 72, 76, 103 (20)

Joint Exhibit No. 1:

NA/OC 109

NR 11, 39, 41, 42, 43, 44, 47, 64, 73, 74, 80, 83, 85, 86

NRA 2, 6, 13, 14, 16, 18, 20, 21, 24, 26, 30, 31, 33, 34, 36, 37, 45, 59, 60,

78, 79, 81, 82, 84, 87, 93, 94, 95, 96, 110

NRDS 57, 65

IDF=NRA 22, 62, 63, 75

Duplicates: 4, 5, 8, 9, 10, 19, 38, 51, 55, 56, 99, 102, 105

60 not otherwise listed

20 + 60 = 80 struck

110 lines - 80 struck = 30 valid

Page 407 (100 lines) 6 valid

Struck at Hearing: 1-3, 7, 11, 12, 14, 20, 22, 26, 29, 31, 42, 45, 48, 50, 51, 57, 58,

60, 70, 72, 86, 87 (25)

Joint Exhibit No. 1:

NA/OC 17, 18, 24, 25, 53, 69, 99

NR 8, 13, 19, 27, 30, 37, 40, 49, 55, 56, 61, 69, 83, 85, 90, 92, 94

NRA 4, 16, 21, 23, 28, 33, 34, 35, 38, 41, 44, 46, 47, 54, 64, 65, 67, 71,

75, 81, 84, 88, 89, 90, 93, 95, 96, 97

NRDS 5, 36, 73

IDF=NRA 32, 39, 52, 62, 63

Duplicates: 1, 6, 7, 9, 10, 12, 13, 22, 29, 57, 60, 72, 76, 78, 79, 80, 91, 98

69 not otherwise listed

25 + 69 = 94 struck

100 lines - 94 struck = 6 valid

Page 408 (48 lines) 18 valid

Struck at Hearing: 16, 17, 19, 22, 25, 33, 39, 41, 45 (9)

Joint Exhibit No. 1:

NA/OC 7

NR 4, 6, 8, 9, 11, 14, 29, 31, 35, 46

NRA 5, 30, 38, 43, 44

NRDS 21 not otherwise listed

IDF=NRA 9 + 21 = 30 struck

Duplicates: 1, 13, 26, 36, 42 48 lines - 30 struck = 18 valid

Page 409 (106 lines) 7 valid

Struck at Hearing: 6, 22, 30, 41, 46, 50, 105, 106 (8)

*66

Joint Exhibit No. 1:

NA/OC 9, 33, 38, 39, 61, 76, 83 95

NR 3, 11, 15, 16, 17, 20, 21, 23, 24, 25, 28, 43, 45, 52, 54, 55, 57, 58,

62, 63, 65, 74, 75, 80, 82, 84, 87, 93, 98, 99, 100, 103

NRA 1, 2, 4, 8, 19, 26, 27, 29, 31, 33, 34, 36, 37, 40, 42, 44, 47, 48, 51,

53, 56, 59, 60, 64, 66, 67, 68, 69, 70, 71, 72, 73, 77, 78, 79, 81, 85,

88, 90, 92, 94, 96, 104

NRDS 91 not otherwise listed

IDF=NRA 10, 49, 86, 97 8 + 91 = 99 struck

Duplicates: 5, 7, 101, 102 106 lines - 99 struck = 7 valid

Page 410 (58 lines) 7 valid

Struck at Hearing: 11, 14, 35, 50-52, 55, 56, 49 (9)

Joint Exhibit No. 1:

NA/OC

NR 2, 9, 15, 16, 17, 18, 19, 21, 23, 24, 25, 26, 27, 30, 31, 32, 33, 34, 36,

37, 38, 39, 40, 42, 46, 48, 49, 53, 54, 57

NRA 7, 12, 13, 29, 41, 44, 45, 47

NRDS 4 42 not otherwise listed

IDF=NRA 20 9 + 42 = 51 struck

Duplicates: 6, 8 58 lines - 51 struck = 7 valid

Page 411 (84 lines) 0 valid

Struck at Hearing: 1-84 (84)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 84 Lines - 84 struck = 0 valid

Duplicates:

Page 412 (50 lines) 9 valid

Struck at Hearing: 3, 6, 7, 8, 11, 13, 14, 16, 18, 20, 21, 23, 28, 37, 43, 44, 46-48 (19)

Joint Exhibit No. 1:

NA/OC

NR 9, 12, 17, 19, 24, 32, 33, 42, 49

NRA 22, 29, 34, 35, 36, 39, 41, 50

NRDS 22 not otherwise listed

IDF=NRA 30 19 + 22 = 41 struck

Duplicates: 4, 5, 10, 15 50 lines - 41 struck = 9 valid

Page 413 (53 lines) 14 valid

Struck at Hearing: 1, 5, 6, 9-12, 16, 21, 22, 25-30, 37, 38, 40-46, 58 (26)

Joint Exhibit No. 1:

NA/OC 36

NR 31, 34, 35

NRA 8, 17, 33, 57

NRDS 13 not otherwise listed

IDF=NRA 26 + 13 = 39 struck

Duplicates: 3, 4, 19, 59, 60 53 lines - 39 struck = 14 valid

Page 414 (36 lines) 8 valid

Struck at Hearing: 15, 16, 20, 28 (4)

Joint Exhibit No. 1:

NA/OC 4, 23, 24, 25, 31

NR 6, 12, 30, 34

NRA 19, 29, 32, 35

NRDS 14 not otherwise listed

*67

IDF=NRA 33 4 + 14 = 28 struck

Duplicates: 36 lines - 28 struck = 8 valid

Page 415 (88 lines) 0 valid

Struck at Hearing: 1-88 (88)

Joint Exhibit No. 1:

NA/OC 5, 14, 71, 78, 79, 80, 81, 87

NR 18, 36, 39, 40, 52, 61, 64, 66, 67, 68, 72

NRA 1, 13, 34, 41, 46, 47, 53, 54, 55, 57, 58, 62, 65, 69

NRDS

IDF=NRA 88 lines - 88 struck = 0 valid

Duplicates:

Page 416 (110 lines) 24 valid

Struck at Hearing: 2, 3, 5, 17, 19-23, 34, 37, 41, 42, 44, 45, 47, 48, 50, 55-57,

60-62, 64-73, 80-82, 84-102, 105-110 (73)

Joint Exhibit No. 1:

NA/OC 12

NR 1, 2, 3, 7, 8, 13, 15, 16, 35, 38, 39, 41, 42, 43, 44, 45, 46, 83, 101,

107, 108

NRA

NRDS 105 13 not otherwise listed

IDF=NRA 73 + 13 = 86 struck

Duplicates: 110 lines - 86 struck = 24 valid

Page 417 (30 lines) 5 valid

Struck at Hearing: 2, 3, 5, 6, 12-21, 23-26, 28-30 (21)

Joint Exhibit No. 1:

NA/OC

NR 7, 11

NRA 8, 10

NRDS 4 not otherwise listed

IDF=NRA 21 + 4 = 25 struck

Duplicates: 30 lines - 25 struck = 5 valid

Page 419 (53 lines) 0 valid

Struck at Hearing: 1-53 (53)

Joint Exhibit No. 1:

NA/OC 52

NR 6, 12, 14, 19, 21, 24, 28, 32, 34, 35, 37, 39, 40, 41

NRA 2, 3, 4, 5, 10, 16, 17, 20, 26, 27, 30, 33, 36, 38, 47, 49, 51

NRDS

IDF=NRA 53 lines - 53 struck = 0 valid

Duplicates:

Page 420 (73 lines) 25 valid

Struck at Hearing: 4, 5, 25, 26, 33, 48, 53, 68 (8)

Joint Exhibit No. 1:

NA/OC

NR 1, 2, 3, 14, 22, 29, 30, 32, 36, 45, 49, 51, 63

NRA 7, 10, 12, 13, 15, 31, 35, 40, 44, 47, 50, 55, 56, 57, 66, 69, 70, 73

NRDS 11, 64 40 not otherwise listed

IDF=NRA 16 8 + 40 = 48 struck

Duplicates: 18, 28, 34, 39, 58, 65 73 lines - 48 struck = 25 valid

Page 421 (50 lines) 1 valid

Struck at Hearing: 2, 5, 8-10, 19, 24-31, 33, 38, 39, 42, 45 (20)

Joint Exhibit No. 1:

NA/OC 1, 13, 14, 18

*68

NR 13, 15, 16, 17, 20, 21, 22, 34, 35, 43, 48, 49, 50

NRA 3, 4, 7, 11, 12, 23, 32, 36, 37, 44, 46, 47

NRDS 40 29 not otherwise listed

IDF=NRA 20 + 29 = 49 struck

Duplicates: 50 lines - 49 struck = 1 valid

Page 422 (100 lines) 10 valid

Struck at Hearing: 4, 7, 13, 26-28, 33, 39, 42, 46, 54-100 (57)

Joint Exhibit No. 1:

NA/OC 20, 25, 41

NR 2, 15, 17, 18, 22, 23, 32, 45, 48, 49, 50, 51, 53

NRA 6, 14, 16, 21, 24, 30, 34, 35, 36, 37, 38, 40, 44, 47, 52

NRDS 20 33 not otherwise listed

IDF=NRA 3, 5 57 + 33 = 90 struck

Duplicates: 28 100 lines - 90 struck = 10 valid

Page 423 (110 lines) 52 valid

Struck at Hearing: 6, 12-14, 16-22, 24-28, 31, 36-38, 43, 44, 46, 55-59, 62, 65, 66,

68, 70, 74-76, 81, 84, 85, 87, 88, 90, 92-103 (54)

Joint Exhibit No. 1:

NA/OC

NR 5

NRA 1, 2, 4

NRDS 4 not otherwise listed

IDF=NRA 54 + 4 = 58 struck

Duplicates: 110 - 58 struck = 52 valid

Page 424 (110 lines) 22 valid

Struck at Hearing: 5, 6, 9, 11, 12, 14, 15, 17-20, 26-28, 30, 32, 36-38, 45, 52, 59,

64, 66, 83, 88, 106 (27)

Joint Exhibit No. 1:

NA/OC 34, 35, 54, 65, 67, 78, 92

NR 7, 8, 16, 21, 22, 23, 29, 31, 33, 40, 55, 60, 70, 77, 79, 87, 89, 94, 99,

100, 101, 104, 105, 107

NRA 2, 3, 4, 10, 13, 42, 44, 46, 47, 53, 57, 58, 62, 81, 82, 90, 93, 95, 97,

110

NRDS 39, 48, 72, 84, 85, 98, 103 61 not otherwise listed

IDF=NRA 1, 25 27 + 61 = 88 struck

110 lines - 88 struck = 22 valid

Duplicates: 30, 88, 108

Page 425 (110 lines) 14 valid

Struck at Hearing: 3, 7, 13-15, 25-27, 31, 36-110 (84)

Joint Exhibit No. 1:

NA/OC

NR 8, 12, 21, 22, 30, 32, 38, 43, 51, 52, 62, 69, 71, 72, 76, 87, 94, 104,

106, 110

NRA 11, 24, 27, 34, 38, 70, 86

NRDS 9, 10, 44, 61 12 not otherwise listed

IDF=NRA 50 84 + 12 = 96 struck

Duplicates: 110 lines - 96 struck = 14 valid

Page 426 (101 lines) 68 valid

Struck at Hearing: 4, 6, 10, 12-14, 27, 29, 37, 38, 46-49, 52, 53, 62, 65, 73, 78, 83,

86, 87, 93 96 (25)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1 8 not otherwise listed

*69

NRDS 25 + 8 = 33 struck

IDF=NRA 101 lines - 33 struck = 68 valid

Duplicates: 3, 10, 67, 69, 71, 77, 79, 92, 99

Page 427 (103 lines) 0 valid

Struck at Hearing: 1-103 (103)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 103 lines - 103 struck = 0 valid

Duplicates: 19, 90

Page 429 (103 lines) 0 valid

Struck at Hearing: 1-103 (103)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 103 lines - 103 struck = 0 valid

Duplicates:

Page 430 (100 lines) 0 valid

Struck at Hearing: 1-100 (100)

Joint Exhibit No. 1:

NA/OC

NR 1, 3, 4, 12, 13, 14, 16, 17, 24, 29, 32, 33, 34, 42, 48, 49, 59, 65, 67,

70

NRA 2, 15, 19, 26, 35, 58, 60, 62, 69

NRDS

IDF=NRA 100 lines - 100 struck = 0 valid

Duplicates:

Page 456 (62 lines) 11 valid

Struck at Hearing: 2-4, 7-16, 20, 21, 24, 25, 54, 55 (19)

Joint Exhibit No. 1:

NA/OC 27, 28, 43, 44, 45, 57, 59

NR 2, 4, 25, 29, 30, 31, 51, 52

NRA 1, 5, 6, 17, 22, 26, 33, 34, 35, 37, 38, 46, 47, 48, 49, 50, 53, 58, 60,

62

NRDS 32 not otherwise listed

IDF=NRA 19 + 32 = 51 struck

Duplicates: 62 lines - 51 struck = 11 valid

Page 457 (40 lines) 3 valid

Struck at Hearing: 2-6, 9-12, 16-33, 35-39 (32)

Joint Exhibit No. 1:

NA/OC

NR 18, 20, 22, 27, 29, 30, 31, 40

NRA 12, 13, 14, 21, 23, 24, 25, 28, 32, 34, 38, 39

NRDS 5 not otherwise listed

IDF=NRA 32 + 5 = 37 struck

Duplicates: 1, 2, 6, 14, 15, 16, 36, 39 40 lines - 37 struck = 3 valid

Page 458 (53 lines) 11 valid

Struck at Hearing: 1, 4, 13, 14, 26, 28, 30, 31, 33, 35-38, 43, 45, 46, 52 (18)

Joint Exhibit No. 1:

*70

NA/OC 8, 9, 20

NR 7, 11, 12, 15, 17, 25, 27, 28, 32, 37, 41, 47, 48, 50

NRA 2, 5, 6, 13, 14, 23, 24, 34, 49, 53

NRDS 24 not otherwise listed

IDF=NRA 16, 36, 38 18 + 24 = 42

Duplicates: 43 53 lines - 42 struck = 11 valid

Page 459 (100 lines) 2 valid

Struck at Hearing: 8-100 (93)

Joint Exhibit No. 1:

NA/OC 37

NR 6, 7, 9, 12, 13, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31,

32, 33, 35, 39, 40, 41, 42, 44, 45, 46, 48, 51, 61, 62, 63, 65, 67, 68,

69, 73, 76, 78, 79, 81, 82, 84, 87, 88, 89, 90, 92, 93, 95, 96, 98, 99,

100

NRA 4, 5, 8, 10, 11, 14, 15, 19, 28, 34, 36, 38, 43, 47, 49, 50, 52, 53, 54,

55, 56, 57, 58, 59, 64, 66, 70, 71, 72, 74, 75, 77, 80, 83, 85, 86, 91,

97

NRDS 5 not otherwise listed

IDF=NRA 93 + 5 =98 struck

Duplicates: 3 100 lines - 98 struck = 2 valid

Page 460 (57 lines) 43 valid

Struck at Hearing:

Joint Exhibit No. 1:

NA/OC

NR 6, 32, 50

NRA 2, 4, 8, 14, 24, 27, 33, 52, 53

NRDS 14 not otherwise listed

IDF=NRA 1 57 lines - 14 struck = 43 valid

Duplicates: 7

Page 461 (58 lines) 0 valid

Struck at Hearing:

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 58 lines - 58 struck = 0 valid

Duplicates: 49

Page 461 struck in its entirety by stipulation per order of Judge Mirarchi.

Page 462 (51 lines) 30 valid

Struck at Hearing: 2, 6, 11, 15, 16, 18, 23-27, 30, 31, 34-37, 40, 42, 48 (20)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS 1 not otherwise listed

IDF=NRA 20 + 1 = 21 struck

Duplicates: 51 51 lines - 21 struck = 30 valid

Page 463 (72 lines) 0 valid

Struck at Hearing: 1-72 (72)

Joint Exhibit No. 1:

NA/OC

NR 13, 28, 32, 34, 35, 39, 43, 46, 55, 61, 65, 68

*71

NRA 2, 3, 9, 11, 14, 15, 16, 17, 19, 24, 25, 26, 37, 41, 49, 50, 53, 54, 60,

63

NRDS

IDF=NRA 48 72 lines - 72 struck = 0 valid

Duplicates:

Page 464 (98 lines) 30 valid

Struck at Hearing: 5, 15, 30, 44, 61-63, 79, 91 (9)

Joint Exhibit No. 1:

NA/OC 26, 80

NR 16, 17, 23, 25, 26, 27, 28, 29, 31, 32, 37, 38, 40, 41, 42, 45, 68, 72,

78, 85, 86, 87, 93, 94, 95, 97

NRA 2, 9, 10, 14, 18, 20, 24, 34, 35, 36, 39, 46, 52, 54, 69, 70, 77, 82, 83,

84, 92, 96, 98

NRDS 8 59 not otherwise listed

IDF=NRA 3, 6, 7, 21, 47 9 + 59 = 68 struck

Duplicates: 43, 55 98 lines - 68 struck = 30 valid

Page 465 (61 lines) 14 valid

Struck at Hearing: 4-8, 11, 14, 18, 28, 32, 48, 49, 55, 57, 59, 61 (16)

Joint Exhibit No. 1:

NA/OC 36

NR 15, 17, 23, 25, 26, 27, 29, 30, 34, 35, 37, 42, 43, 45, 56, 50

NRA 2, 3, 9, 24, 33, 40, 41, 44, 52, 53, 54

NRDS 31 not otherwise listed

IDF=NRA 16 + 31 = 47 struck

Duplicates: 1, 10, 12, 28, 32, 56, 60 61 lines - 47 struck = 14 valid

Page 466 (110 lines) 24 valid

Struck at Hearing: 5, 7, 9, 10, 21, 27-32, 39-42, 47, 51, 54, 66, 69, 76, 84, 85, 95,

100, 103, 105, 110 (28)

Joint Exhibit No. 1:

NA/OC

NR 18, 19, 20, 23, 26, 35, 36, 44, 46, 48, 49, 50, 52, 53, 56, 67, 73, 77,

83, 86, 88, 102, 104, 108

NRA 2, 8, 11, 12, 13, 22, 59, 60, 61, 71, 72, 75, 78, 80, 81, 82, 87, 90, 91,

101, 106, 109

NRDS 57

IDF=NRA 107

Duplicates: 1, 6, 9, 10, 14, 15, 16, 17, 25, 33, 34, 79

58 not otherwise listed

28 + 58 = 86 struck

110 lines - 86 struck = 24 valid

Page 480 (102 lines) 24 valid

Struck at Hearing: 9, 11-13, 23, 25, 27, 28, 32-36, 38-102 (78)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 102 lines - 78 struck = 24 valid

Duplicates:

Page 481 (55 lines) 11 valid

Struck at Hearing: 11, 13-55 (43)

Joint Exhibit No. 1:

NA/OC

NR Not included in Joint Ex. 1

*72

NRA 1 not otherwise listed

NRDS 43 + 1 = 44 struck

IDF=NRA 55 lines - 44 struck = 11 valid

Duplicates: 12, 20, 23, 30, 32, 40, 47, 51, 52

Page 482 (52 lines) 20 valid

Struck at Hearing: 2, 6, 9, 10, 18, 25, 26, 31, 32, 34, 39, 43-46 (15)

Joint Exhibit No. 1:

NA/OC Not included in Joint Ex. 1

NR 17 not otherwise listed

NRA 15 + 17 = 32 struck

NRDS 52 lines - 32 struck = 20 valid

IDF=NRA

Duplicates: 1, 3, 4, 5, 7, 11, 12, 13, 15, 16, 17, 19, 35, 37, 47, 50, 52

Page 483 (100 lines) 61 valid

Struck at Hearing: 7, 8, 9, 10, 13, 16, 29, 30, 36, 37, 39, 40, 41, 43, 44, 45, 47, 48,

52, 57, 58, 63, 69, 70, 73, 74, 77-81, 87-89, 92, 93, 96, 98 (38)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS 1 not otherwise listed

IDF=NRA 38 + 1 = 39 struck

Duplicates: 1 100 lines - 39 struck = 61 valid

Page 484 (71 lines) 36 valid

Struck at Hearing: 2, 3, 5, 7, 8, 9, 16, 18, 22-24, 30-40, 43, 44, 47, 49, 51-53,

59, 62, 66, 67, 71 (34)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS 1 not otherwise listed

IDF=NRA 34 + 1 = 35 struck

Duplicates: 50 71 lines - 35 struck = 36 valid

Page 485 (64 lines) 0 valid

Struck at Hearing: 1-64 (64)

Joint Exhibit No. 1:

NA/OC

NR Not included in Joint Ex. 1

NRA

NRDS 64 lines - 64 struck = 0 valid

IDF=NRA

Duplicates: 1-5, 8, 9, 12, 14, 17, 19, 20, 22, 24, 26, 35, 38, 39, 42, 50, 53, 56, 59,

63

Page 486 (110 lines) 0 valid

Struck at Hearing: 1-110 (110)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 110 lines - 110 struck = 0 valid

Duplicates:

Page 487 (110 lines) 34 valid

*73

Struck at Hearing: 7, 8, 12, 16, 26-35, 38, 44-47, 49, 51, 54, 58, 59, 62-66, 68-72, 75,

81, 84, 93, 94, 104, 108-110 (42)

Joint Exhibit No. 1:

NA/OC

NR 9, 11, 14, 23, 24, 40, 48, 50, 53, 73, 79, 83, 87, 95, 105, 106, 107

NRA 1, 6, 39, 52, 56, 57, 61, 70, 85, 92, 96

NRDS 20, 37, 41, 42, 103 34 not otherwise listed

IDF=NRA 99 42 + 34 = 76 struck

Duplicates: 110 lines - 76 struck = 34 valid

Page 488 (110 lines) 20 valid

Struck at Hearing: 2, 4-7, 9-11, 13-22, 24-28, 30, 33, 34, 38, 40-53, 57, 59, 60-62,

65-79, 81, 83, 85, 86, 88-90, 94, 96, 98, 102-104, 106-110 (81)

Joint Exhibit No. 1:

NA/OC Not included in Joint Ex. 1

NR 9 not otherwise listed

NRA 81 + 9 = 90 struck

NRDS 110 lines - 90 struck = 20 valid

IDF=NRA

Duplicates: 3, 12, 16, 18, 19, 23, 29, 31, 32, 39, 56, 64, 90

Page 489 (80 lines) 0 valid

Struck at Hearing: (0)

Joint Exhibit No. 1:

NA/OC

NR

NRA Not included in Joint Ex. 1

NRDS

IDF=NRA 80 lines - 80 struck = 0 valid

Duplicates: 4

Page 489 struck in its entirety by stipulation per order of Judge Mirarchi.

4. The number of lines included in nomination pages ranging from 258 — 489 in Volumes C and D total 12,818, the number of lines struck total 9,437 and the number of valid lines total 3,381.

Heard Sept. 27-30 and Oct. 1-2, 4-5, 2004.

INTERIM ADJUDICATION AND ORDER

MIRARCHI, Senior Judge.

AND NOW, this 7th Day of October 2004, after hearings held in the above-captioned matter before the undersigned on September 27th, 28th, 29th, 30th, and October 1st, 2nd, 4th and 5th, 2004 on Petitioners' objections to the Nomination Papers of Ralph Nader and Peter Miguel Camejo, Candidates of an Independent Political Body for President and Vice President in the General Election of November 2, 2004 (Candidates), filed in the City of Philadelphia, and upon consideration of Petitioners' challenges to certain signatures, i.e., signatures which were signed by individuals more than once or affixed by someone other than those individuals, the Court makes the following findings.

1. At the hearings, counsel for the Candidates conceded that all the signatures challenged by Petitioners as duplicate signatures, except approximately 80 signatures, should be stricken as invalid.

2. Counsel for the Candidates further stipulated that the individuals who signed the Nomination Papers five times or more committed fraudulent acts and that all signatures *74 of those individuals should be stricken.

3. Based on the parties' concession and stipulation and the credible evidence presented at the hearing, this Court finds that the following signatures should be stricken as invalid duplicate signatures. In the event that the same signatures invalidated in this order have been or will be stricken on any other ground, they will be counted only once in calculating the total signatures stricken by this Court:

Page Line

Number Number

5 27

5 68

8 10

15 93

34 11

34 12

34 13

34 14

34 17

34 23

34 24

34 25

34 29

34 35

34 91

35 66

48 55

48 63

48 90

49 10

57 20

57 29

57 30

57 32

57 37

57 38

58 11

58 69

58 100

58 103

58 104

66 20

66 26

68 1

68 110

69 16

71 21

71 22

71 109

72 4

72 14

72 27

72 30

72 33

72 34

72 36

72 38

72 41

72 42

72 44

72 57

72 60

72 70

72 74

72 81

72 91

73 21

73 34

74 25

77 26

77 66

77 75

78 4

79 1

79 5

79 10

79 11

79 12

79 14

79 15

80 2

80 4

80 6

81 78

87 37

88 50

88 54

88 62

88 64

89 6

89 42

89 55

89 79

92 40

94 23

96 15

96 34

98 36

99 25

99 57

99 73

99 83

99 92

99 93

100 29

100 38

101 12

102 59

119 4

*75

Page Line

Number Number

119 22

119 24

119 46

119 53

119 79

120 2

120 5

120 13

120 17

120 19

120 22

120 24

120 31

120 32

120 33

120 40

120 42

120 45

120 94

120 97

121 1

121 4

121 15

121 17

121 28

127 40

138 67

139 10

139 79

160 81

161 3

161 4

161 5

161 6

161 14

161 26

161 43

161 49

161 84

173 1

173 12

173 84

176 7

177 5

177 6

177 18

177 20

177 28

177 29

177 30

177 31

177 33

177 34

177 36

177 39

177 41

177 73

177 76

177 104

178 78

178 88

180 1

180 22

180 54

181 1

181 2

181 4

182 1

182 4

182 5

182 9

183 4

183 16

183 19

183 22

183 26

183 28

183 29

183 31

183 39

183 46

183 48

183 54

183 67

183 88

183 93

185 1

185 4

185 5

185 12

185 15

185 50

185 63

185 64

185 67

185 70

185 88

186 1

186 29

187 1

187 3

187 6

187 29

187 38

187 40

187 54

189 61

189 95

190 9

190 11

190 15

190 17

190 58

190 60

190 63

190 70

*76

Page Line

Number Number

190 75

190 78

190 87

190 93

190 94

190 96

190 97

194 2

194 3

194 9

194 21

194 24

194 27

194 46

194 50

194 54

194 55

194 82

194 87

195 1

195 3

195 7

195 8

195 9

195 10

195 12

195 13

195 15

195 18

196 9

196 22

196 28

196 30

196 31

196 34

196 40

196 41

198 10

199 49

200 2

200 3

200 9

200 10

200 11

200 12

200 20

200 28

202 13

202 24

202 32

204 2

204 3

204 4

204 6

204 7

204 12

204 13

204 15

204 20

204 21

204 27

204 30

204 34

204 38

204 44

204 45

204 47

204 55

204 58

204 61

204 65

204 67

204 68

204 74

205 6

205 40

207 9

207 34

207 35

207 60

207 95

208 65

209 59

209 60

211 32

211 39

212 5

212 11

212 21

212 25

212 32

212 33

212 34

212 36

212 37

212 38

215 86

215 87

215 103

217 6

217 9

217 11

217 12

217 13

217 21

217 22

217 25

217 30

217 58

217 62

217 63

217 65

217 70

218 4

218 36

218 43

*77

Page Line

Number Number

218 54

218 61

218 65

218 75

218 85

218 109

218 110

219 2

219 3

219 15

220 37

224 7

224 17

224 56

236 85

236 100

237 1

237 2

239 1

239 3

239 4

239 5

239 6

239 10

239 12

239 16

239 17

239 18

239 20

240 11

240 32

240 37

240 38

240 40

240 41

240 45

240 46

240 48

240 49

241 25

241 60

241 88

241 89

242 5

242 12

242 21

242 23

242 25

242 38

242 42

242 47

242 54

242 56

242 57

242 71

242 87

242 93

242 94

243 2

243 69

244 1

244 10

244 42

244 43

244 47

244 48

244 50

244 52

244 61

244 65

244 66

244 67

244 80

244 83

244 90

244 92

245 54

245 60

245 82

248 10

248 27

248 37

248 48

248 49

248 51

248 77

248 97

248 99

249 22

249 25

249 31

249 70

249 90

249 91

249 97

249 99

121 4

121 15

121 17

121 28

127 40

138 67

139 10

139 79

160 81

161 3

161 4

161 5

161 6

161 14

161 26

161 43

161 49

161 84

173 1

173 12

*78

Page Line

Number Number

173 84

176 7

177 5

177 6

177 18

177 20

177 28

177 29

177 30

177 31

177 33

177 34

177 36

177 39

177 41

177 1

177 76

177 104

178 78

178 88

180 1

180 22

180 54

181 1

181 2

181 4

182 1

182 4

182 5

182 9

183 4

183 16

183 19

183 22

183 26

183 28

183 29

183 31

183 39

183 46

183 48

183 54

183 67

183 88

183 93

185 1

185 4

185 5

185 12

185 15

185 50

185 63

185 64

185 67

185 70

185 88

186 1

186 29

187 1

187 3

187 6

187 29

187 38

187 40

187 54

189 61

189 95

190 9

190 11

190 15

190 17

190 58

190 60

190 63

190 70

190 75

190 78

190 87

190 93

190 94

190 96

190 97

194 2

194 3

194 9

194 21

194 24

194 27

194 46

194 50

194 54

194 55

194 82

194 87

195 1

195 3

195 7

195 8

195 9

195 10

195 12

195 13

195 15

195 18

196 9

196 22

196 28

196 30

196 31

196 34

196 40

196 41

198 10

199 49

200 2

200 3

*79

Page Line

Number Number

200 9

200 10

200 11

200 12

200 20

200 28

202 13

202 24

202 32

204 2

204 3

204 4

204 6

204 7

204 12

204 13

204 15

204 20

204 21

204 27

204 30

204 34

204 38

204 44

204 45

204 47

204 55

204 58

204 61

204 65

204 67

204 68

204 74

205 8

205 40

207 9

207 34

207 35

207 60

207 95

208 65

209 59

209 60

211 32

211 39

212 5

212 11

212 21

212 25

212 32

212 33

212 34

212 36

212 37

212 38

215 86

215 87

216 103

217 6

217 9

217 11

217 12

217 13

217 21

217 22

217 25

217 30

217 58

217 62

217 63

217 65

217 70

218 4

218 36

218 43

218 54

218 61

218 65

218 75

218 85

218 109

218 110

219 2

219 3

219 15

220 37

224 7

224 17

224 56

236 85

236 100

237 1

237 2

239 1

239 3

239 4

239 5

239 6

239 10

239 12

239 16

239 17

239 18

239 20

240 11

240 32

240 37

240 38

240 40

240 41

240 45

240 46

240 48

240 49

241 25

241 60

*80

Page Page

Number Number

241 88

241 89

242 5

242 12

242 21

242 23

242 25

242 38

242 42

242 47

242 54

242 56

242 57

242 71

242 87

242 93

242 94

243 2

243 69

244 1

244 10

244 42

244 43

244 47

244 48

244 50

244 52

244 61

244 65

244 66

244 67

244 80

244 83

244 90

244 92

245 54

245 60

245 82

248 10

248 27

248 37

248 48

248 49

248 51

248 77

248 97

248 99

249 22

249 25

249 31

249 70

249 90

249 91

249 97

249 99

251 35

252 5

252 29

252 30

252 104

253 42

254 14

256 24

256 43

256 103

257 27

258 3

258 4

258 6

258 7

258 19

258 20

259 1

259 4

260 31

261 23

261 24

262 30

265 1

265 2

265 7

265 12

265 49

265 71

265 77

265 87

265 103

268 1

268 3

268 4

268 9

268 15

268 23

268 41

268 52

268 100

268 106

268 110

269 8

269 9

269 28

269 72

270 10

270 15

270 51

300 2

300 5

300 7

300 9

300 84

300 88

300 98

301 20

301 30

301 46

301 48

*81

Page Line

Number Number

301 58

301 63

301 78

301 79

301 81

301 83

302 5

302 9

302 19

302 31

302 35

302 36

302 37

302 38

302 40

302 42

302 43

302 44

302 48

302 50

302 54

302 57

302 58

302 69

302 73

302 83

302 88

302 93

302 98

302 105

302 107

304 38

306 7

306 8

306 9

306 10

306 11

306 12

306 14

306 19

306 20

306 21

306 25

306 26

306 28

306 29

306 30

306 39

306 40

306 44

306 47

306 51

306 52

308 1

308 2

308 6

308 7

308 18

308 31

308 32

308 33

308 36

308 37

308 40

308 41

308 42

308 43

308 44

308 45

308 46

308 47

308 50

308 51

308 85

309 8

309 9

309 26

309 32

309 35

309 46

309 52

310 1

310 3

310 4

310 7

310 8

310 10

310 19

310 21

310 24

310 25

310 28

310 39

310 41

310 48

311 6

312 86

312 90

312 93

315 1

315 3

315 8

315 9

315 11

315 16

315 17

315 29

315 30

315 31

315 33

315 36

315 37

315 39

315 101

319 4

319 6

*82

Page Line

Number Number

319 9

319 14

319 33

319 36

319 37

319 38

319 40

319 65

320 1

320 2

320 11

320 12

320 21

320 23

320 29

320 33

320 36

320 38

320 44

320 48

320 50

320 51

320 53

320 57

320 63

320 69

320 76

320 93

320 95

320 98

320 99

320 100

320 101

320 106

322 27

322 30

322 36

323 1

323 2

323 5

323 7

323 59

324 5

324 7

324 19

324 22

324 36

324 40

324 41

324 42

324 45

324 48

324 63

324 65

324 70

324 83

324 96

324 97

324 99

324 101

325 58

325 59

325 69

325 74

325 78

327 2

327 3

327 4

327 16

327 57

328 3

328 5

328 12

328 13

328 20

328 21

328 25

328 28

328 34

328 36

328 37

328 38

328 40

328 41

328 49

328 50

329 2

329 3

329 6

329 19

329 28

329 80

329 85

329 86

330 93

332 101

333 1

333 2

333 3

333 4

333 59

333 67

333 68

333 102

334 10

335 77

335 83

335 89

337 1

337 7

337 22

338 6

338 11

338 12

338 16

338 33

*83

Page Line

Number Number

338 35

338 36

338 37

338 38

338 42

338 51

339 1

339 41

340 8

340 10

340 11

340 14

340 16

340 18

340 19

340 26

340 28

346 6

348 2

348 6

348 9

348 38

348 47

348 48

348 77

348 93

348 95

349 1

349 2

349 3

349 64

351 12

356 24

356 25

356 39

356 58

356 59

356 5

358 23

358 35

361 10

361 45

363 6

363 8

363 9

363 10

363 11

363 13

363 16

363 24

363 50

363 55

363 57

364 15

364 17

364 18

364 21

364 22

364 23

364 25

364 31

369 2

369 7

369 10

369 30

369 67

369 74

369 75

369 78

369 79

369 82

369 83

369 84

369 85

369 86

369 88

370 2

370 3

370 4

370 11

370 13

370 32

370 51

370 61

370 91

372 1

372 6

372 22

372 31

372 59

373 2

373 17

373 21

373 22

373 31

373 32

373 34

373 36

374 44

374 50

374 61

374 62

374 63

374 64

374 65

374 67

374 69

374 71

374 72

374 82

374 93

377 27

377 30

377 34

377 35

377 40

*84

Page Line

Number Number

377 55

377 56

377 58

377 68

377 70

378 4

378 17

378 20

378 23

384 45

384 59

385 32

385 102

388 16

388 19

388 35

388 37

388 51

388 57

388 60

388 69

388 76

388 81

389 15

393 3

393 6

393 8

393 18

393 20

393 23

393 24

393 26

393 37

393 38

393 53

393 56

393 57

396 42

397 32

397 36

403 13

403 59

404 1

404 5

404 10

404 20

404 21

404 53

405 59

406 4

406 5

406 8

406 9

406 10

406 19

406 38

406 51

406 55

406 56

406 99

406 102

406 105

407 1

407 6

407 7

407 9

407 10

407 12

407 13

407 22

407 29

407 57

407 60

407 72

407 76

407 78

407 79

407 80

407 91

407 98

408 1

408 13

408 26

408 36

408 42

409 5

409 7

409 101

409 102

410 6

410 8

412 4

412 5

412 10

412 15

413 3

413 4

413 19

413 59

413 60

420 18

420 28

420 34

420 39

420 58

420 65

422 28

424 30

424 88

424 108

426 3

426 10

426 67

426 69

426 71

426 77

*85

Page Line

Number Number

426 79

426 92

426 99

427 19

427 90

457 1

457 2

457 6

457 14

457 15

457 16

457 36

457 39

458 43

459 3

460 7

461 49

462 51

464 43

464 55

465 1

465 10

465 12

465 28

465 32

465 56

465 60

466 1

466 6

466 9

466 10

466 14

466 15

466 16

466 17

466 25

466 33

466 34

466 79

481 12

481 20

481 23

481 30

481 32

481 40

481 47

481 51

481 52

482 1

482 3

482 4

482 5

482 7

482 11

482 12

482 13

482 15

482 16

482 17

482 19

482 35

482 37

482 47

482 50

482 52

483 19

483 88

484 50

485 1

485 3

485 2

485 4

485 5

485 8

485 9

485 12

485 14

485 17

485 19

485 20

485 22

485 24

485 26

485 35

485 38

485 39

485 42

485 50

485 53

485 56

485 59

485 63

488 3

488 12

488 16

488 18

488 19

488 23

488 29

488 31

488 32

488 39

488 56

488 64

488 90

489 4

514 6

514 15

514 16

514 18

514 21

514 23

514 24

514 27

514 34

514 35

*86

Page Line

Number Number

514 44

517 12

518 1

518 2

518 5

518 6

518 7

518 8

518 9

518 10

518 12

518 14

518 15

518 18

518 19

518 20

519 16

519 17

519 35

519 43

519 61

519 79

520 2

520 3

520 7

520 9

520 17

520 81

520 109

522 12

522 29

522 38

523 3

523 4

523 6

523 8

523 9

523 10

523 11

523 12

523 14

523 23

523 24

523 25

523 26

523 28

523 34

523 38

523 39

523 43

523 44

523 46

523 47

523 52

523 56

523 57

523 58

523 63

523 81

523 97

523 99

523 105

523 106

524 3

524 5

524 6

524 7

524 11

524 12

524 13

524 14

524 16

524 38

524 54

524 59

524 62

524 64

524 65

524 66

524 67

524 69

524 82

525 1

525 34

525 47

525 57

526 12

526 36

526 39

526 82

526 84

526 85

526 88

526 89

526 91

526 95

526 96

527 2

527 19

527 42

527 48

527 52

527 59

527 63

529 5

531 63

531 74

531 83

533 30

535 5

535 6

535 21

535 53

535 107

536 6

537 82

*87

Page Line

Number Number

538 2

538 3

538 12

538 13

538 19

538 23

538 30

538 37

543 67

543 71

545 1

545 4

545 5

545 6

545 62

545 68

545 76

547 75

548 4

548 5

549 2

549 54

549 55

549 57

549 60

549 81

549 85

549 86

549 89

549 92

549 94

549 95

550 1

552 11

552 13

552 15

552 23

552 38

552 41

552 46

552 47

552 48

552 50

552 51

552 53

552 54

552 55

552 57

552 68

552 71

552 95

555 14

556 1

556 2

556 3

556 8

556 12

556 13

556 19

556 29

557 3

557 5

557 10

557 49

557 59

559 38

559 50

559 52

559 53

559 83

560 37

567 16

571 1

571 4

571 5

571 6

571 25

571 28

571 54

572 2

572 4

572 5

572 7

572 8

572 10

572 11

572 12

572 31

572 38

572 74

573 13

573 14

573 37

574 4

574 5

574 15

574 18

574 21

574 24

574 25

574 26

574 27

574 28

574 31

578 2

578 9

583 10

583 12

583 13

583 36

583 41

583 45

583 46

583 47

583 52

586 1

*88

Page Line

Number Number

586 2

586 5

586 7

586 9

586 11

586 21

586 29

586 38

586 40

586 41

586 45

587 3

587 8

587 10

587 11

587 12

587 14

587 16

587 18

587 20

587 21

587 22

587 23

587 24

587 25

587 30

587 33

587 34

587 35

587 36

587 37

597 3

597 5

597 10

597 11

597 18

606 28

607 2

634 1

634 5

634 8

634 9

634 24

686 1

686 3

686 5

686 8

686 15

686 16

686 26

689 4

689 6

689 7

694 32

694 44

695 1

695 3

697 7

697 8

697 12

697 15

697 17

697 18

697 20

697 21

697 22

697 23

697 24

697 26

697 31

697 35

697 36

697 38

697 40

697 43

697 48

697 50

697 69

697 86

697 88

697 90

698 1

698 20

698 22

698 30

698 40

698 41

698 42

752 22

753 3

753 4

753 5

765 10

765 13

765 15

855 14

855 16

855 44

856 3

856 4

856 15

856 24

856 25

856 27

856 31

856 33

856 34

856 42

856 47

856 51

856 54

856 55

856 81

856 82

856 86

856 92

970 1

*89

Page Line

Number Number

970 16

978 42

978 85

978 88

978 91

978 92

978 95

978 105

978 106

978 110

982 6

984 3

1000 26

1000 27

1000 31

1000 32

1000 33

1002 78

1008 14

1012 7

1028 13

1029 11

1029 12

1029 14

1029 23

1029 43

1029 53

1031 43

1031 56

1031 63

1032 2

1032 3

1032 7

1032 8

1032 10

1032 11

1032 12

1032 16

1032 17

1032 21

1032 23

1032 26

1032 28

1032 30

1032 31

1032 33

1032 34

1032 35

1032 36

1032 38

1032 43

1032 47

1032 48

1032 49

1032 50

1032 66

1032 68

1032 69

1032 70

1032 76

1032 79

1032 84

1032 87

1032 96

1032 101

1032 102

1032 103

1032 104

1032 105

1032 106

1032 108

1034 1

1034 2

1034 10

1034 18

1034 25

1034 32

1034 35

1035 1

1035 2

1035 3

1035 4

1035 5

1035 8

1035 9

1035 11

1035 13

1035 14

1035 16

1035 17

1035 18

1035 23

1035 28

1035 29

1035 31

1035 38

1035 42

1035 45

1035 46

1035 49

1036 41

1036 42

1036 43

1037 33

1037 41

1037 43

1037 45

1037 46

1037 47

1037 51

1037 53

1037 54

1037 61

1037 62

1037 68

1037 70

1037 71

1037 74

*90

Page Line

Number Number

1037 78

1037 79

1037 81

1126 13

1156 3

1156 4

1156 12

1159 3

1159 10

1159 11

1159 12

1159 14

1159 17

1188 21

ORDER

AND NOW, this 8th day of October, 2004, pursuant to stipulation of the parties made during the hearing on October 7, 2004, the Nomination Papers of Ralph Nader and Peter Miguel Camejo of an Independent Political Body for President and Vice President in the November 2, 2004 General Election (Candidates) filed in the County of Philadelphia are disposed of as follows:

1. The following Nomination Papers are stricken for the reason that they are in the hand of the circulators or other persons, not in the electors whose names appear in the Nomination Papers: # 117 (74 lines); # 162 (41 lines); # 163 (75 lines); # 164 (59 lines); # 244 (101 lines); # 248 (101 lines); # 249 (100 lines); # 251 (84 lines); # 253 (49 lines); # 399 (83 lines); # 461 (58 lines); # 681 (110 lines); # 1000 (33 lines); # 1031 (80 lines); # 1032 (110 lines); and # 1042 (75 lines).

2. The following Nomination Papers are stricken for the reason that the circulators filled in the electors' information: # 245 (100 lines); # 246 (110 lines); # 682 (110 lines); # 683 (100 lines); and # 643 (100 lines).

3. The signatures on lines 7 through 110 of the Nomination Paper # 1112 are stricken for the reason that the circulator filled in the electors' information.

4. The following Nomination Papers are withdrawn by the Candidates with prejudice due to a number of irregularities including the electors' information filled in by the circulators: # 198 (44 lines); # 218 (110 lines); # 322 (51 lines); # 489 (80 lines); # 536 (60 lines); # 571 (105 lines); # 580 (109 lines); and # 583 (53 lines).

Heard Sept. 27-30 and Oct. 1, 2, 4, 5, 7 and 8, 2004.

FINDINGS AND CONCLUSIONS

MIRARCHI, Senior Judge.

Linda S. Serody, Roderick J. Sweets, Ronald Bergman, Richard Trinclisti, Terry Trinclisti, Bernie Cohen-Scott, Donald G. Brown and Julia A. O'Connell (Petitioners) have filed objections to the Nomination Papers of Ralph Nader and Peter Miguel Camejo (Candidates) as Candidates of an Independent Political Body for President and Vice President of the United States in the General Election scheduled for November 2, 2004. This opinion disposes of challenges to nomination papers circulated in the City of Philadelphia (Philadelphia Nominating Pages) assigned to this Judge, as more particularly described in the Findings of Fact.

INTRODUCTION

On September 29, 2004, Dominic Daniel Martino, the 2004 Campaign Coordinator in Pennsylvania for the Candidates testified before a three-judge panel of this Court, including the undersigned. With great passion, he explained his belief in the necessity of third-party participation in the national and local political process to insure that competitive and innovative views *91 are available to the electorate. These are indeed laudatory ends. Mr. Martino and the Candidates, however, should take heed that in a genuine, mature, and functioning democracy, the ends are not justified by the means; rather the ends are inherent in the means.

During ten days of hearing before the undersigned, evidence has come to light of fraudulent and/or other improper behavior in the "creation" of many if not most of the nominating papers pertaining to Philadelphia electors submitted by the Candidates, in a scale, boldness, and transparency never before witnessed by this Judge in his thirty-three years on the bench. On October 7, 2004, the undersigned entered an Interim Adjudication and Order striking as void from the Philadelphia Nominating Papers, 1549 duplicate signatures, that is, signatures which were signed by individuals more than once or affixed by someone other than those individuals (Duplicate Signatures). What that Interim Adjudication and Order did not set forth, for reasons of brevity, is the fact that many of these Duplicate Signatures were signed in great numbers by persons who were also circulators for the Candidates, at least 37 times by one individual alone. Moreover, evidence established that certain circulators and other individuals set forth by their hand, on many of the Philadelphia Nominating Papers, the critical data required to be written by the electors pursuant to the Pennsylvania Election Code (Election Code). [1] An interim Order entered by the undersigned on October 8, 2004, and Court rulings from the bench voided many Philadelphia Nominating Papers on these grounds, as more particularly described in the below Findings of Fact. Some signatures were clearly forged. The following Findings of Fact detail only some of the fraudulent activity by persons procuring signatures for the Candidates revealed during the hearing.

FINDINGS OF FACT

1) Hearings were held by the undersigned on September 27, 28, 29, and 30, and October 1, 2, 4, 5, 7 and 8, 2004 in the above matter.

2) Three witnesses testified before the undersigned. Dale Fries, Supervisor of the Motor Vehicle Division of the County Board of Elections for the City and County of Philadelphia (Board of Elections), testified regarding the procedures taken by the Board of Elections to review the Petitioners' challenges to the Philadelphia Nominating Pages and the creation by the Board of Elections of Petition Page Worksheets, which set forth the records of the Board of Elections pertaining to each elector whose signature the Petitioners had challenged. William T. Dolbow III, Voter Registration Trades Helper of the County Board of Elections, brought forth computer data from the records of the County Board of Elections in the undersigned's courtroom during the ten days of hearings and testified with respect to the data requested by the Court and the parties. William J. Kelly, a handwriting expert employed by the Petitioners, testified with respect to whether certain electors completed signature lines in their hands or whether information was supplied by other hands. He further testified as to whether circulators supplied or completed information that was required by the Election Code to be set forth by the electors on such pages.

3) The undersigned finds the testimony of Ms. Fries, Mr. Dolbow, and Mr. Kelly to be credible and persuasive.

*92 4) Robert Lee, Voter Registration Administrator of the County Board of Elections, and the aforesaid Mr. Martino testified before a three-judge panel consisting of President Judge Colins, Judge Smith-Ribner, and the undersigned. Mr. Lee testified with respect to the security system and procedures regarding the voter registration records of the County Board of Elections and further testified with respect to the review by the County Board of Elections of the challenges made to the Philadelphia Nominating Pages and the creation of the aforesaid Worksheets setting forth the data regarding electors whose signatures had been challenged. The undersigned finds the testimony of Mr. Lee to be credible and persuasive.

5) The undersigned was originally assigned to review those Philadelphia Nominating Pages occurring on Pages 514 to 1189 from the whole of the nominating papers filed by the Candidates (sometimes referred to as the Volumes E and F pages). [2]

6) The undersigned made rulings on several Volume E and F pages, as described in subsequent Findings of Fact. The balance of the Volume E pages was thereafter assigned to Judge Leadbetter, and the balance of the Volume F pages was subsequently assigned to Senior Judge Kelley for disposition. [3]

7) On the afternoon of the first day of hearing, September 27, 2004, the undersigned was directed by our President Judge to postpone a page and line review of Pages 514 to 1189 of the Philadelphia Nominating Pages and to immediately undertake an examination of Duplicate Signatures occurring within all of the Philadelphia Nominating Pages originally assigned not only to the undersigned (those Philadelphia Nominating Pages found from Pages 514 to 1189) but also to those Philadelphia Nominating Pages originally assigned to President Judge Colins and Judge Smith-Ribner (those Philadelphia Nominating Pages found collectively from Pages 1 to 513, or sometimes referred to as the Volumes A, B, C, and D pages).

8) An exhaustive review of signatures challenged as invalid Duplicate Signatures resulted in the striking as void of 1549 Duplicate Signatures, pursuant to the undersigned's Interim Adjudication and Order filed in this matter on October 7, 2004. The Page and Line numbers for each stricken Duplicate Signature are set forth in the undersigned's Interim Adjudication and Order filed on October 7, 2004.

9) All but approximately 80 of the Duplicate Signatures were conceded by the Candidates to be invalid Duplicate Signatures. Many of the stricken Duplicate Signatures were stipulated by the parties to be invalid Duplicate Signatures, and the Court accepted such stipulation. Further, credible evidence of record supported the striking as invalid of all of the 1549 Duplicate Signatures set forth in the undersigned's Interim Adjudication and Order filed in this matter on October 7, 2004. All but approximately 10 of the Duplicate Signature challenges made by Petitioners were sustained by the undersigned.

*93 10) Although the undersigned was striking Duplicate Signatures throughout the whole of the Philadelphia Nominating Pages contemporaneously with the voiding by President Judge Colins and Judge Smith-Ribner of some of these same signatures on other grounds, the tabulation of stricken signatures maintained by this Court (Court Daily Tallies) only registered the striking of a page and line number one time.

11) Thus, the undersigned recorded in the Court Daily Tallies only those Duplicate Signatures stricken against Pages 514 to 1189 of the Philadelphia Nominating Pages, and only if such page and line numbers had not been previously stricken on other grounds.

12) When Judge Leadbetter and Senior Judge Kelley thereafter, commencing October 7 and 8, 2004, respectively, conducted their page and line review of these Volume E & F signatures, they did not record in the Court Daily Tallies those Duplicate Signatures previously stricken by the undersigned.

13) Many individuals signed, or their names appeared on the Philadelphia Nominating Pages more than one time. Many individuals signed five or more times (Serial Signers).

14) In an effort to distance themselves from the evidence of fraudulent activity that was emerging from the undersigned's review of the Philadelphia Nominating Pages, counsel for the Candidates agreed that the signatures of all persons signing five or more times, the Serial Signers, should be stricken as void.

15) Forty-four Serial Signers, and those who merely signed the Philadelphia Nominating Pages four times, were also circulators of the Philadelphia Nominating Pages. Their identities are set forth below, setting forth the number of times they signed Philadelphia Nominating Pages, the page numbers of the Philadelphia Nominating Pages they circulated, and whether they also signed a page or pages that they circulated:

Alan Andrews (signed 21 Philadelphia Nominating Page Lines), Circulated pages 1000, 1031, and 1032 (signed L. 47)

Daryl Baird (signed 13 Philadelphia Nominating Page Lines), Circulated page 194

Earl Boone (signed 11 Philadelphia Nominating Page Lines), Circulated pages 217 and 219

Edward Chappell (signed 19 Philadelphia Nominating Page Lines), Circulated pages 177 and 189

LeRoy Curtis (signed 12 Philadelphia Nominating Page Lines), Circulated page 196

James Bennett (signed 8 Philadelphia Nominating Page Lines), Circulated page 374

Ravenna Bey (signed 4 Philadelphia Nominating Page Lines), Circulated pages 978 and 1001

Michael Costner (signed 9 Philadelphia Nominating Page Lines), Circulated pages 98, 119, 300, 306, 318, 321, 552, and 856

Yolanda DeLeon (signed 9 Philadelphia Nominating Page Lines), Circulated pages 386 and 387

Kevin Dickson (signed 12 Philadelphia Nominating Page Lines), Circulated pages 198 and 583

Kim Dow (signed 7 Philadelphia Nominating Page Lines), Circulated pages 301, 302, and 1037

Terri Glenn (signed 12 Philadelphia Nominating Page Lines), Circulated page 244 (signed L. 66)

*94 James Glover (signed 20 Philadelphia Nominating Page Lines), Circulated pages 309 and 310

Michael Gross (signed 11 Philadelphia Nominating Page Lines), Circulated pages 242, 696, 697, and 991

Gregory Hamlett (signed 8 Philadelphia Nominating Page Lines), Circulated page 524

Janet Hawkins (signed 5 Philadelphia Nominating Page Lines), Circulated pages 457, 458, 459, and 522

Donzel Henderson (signed 4 Philadelphia Nominating Page Lines), Circulated pages 72, 90, 263, 520, 529, 530, 531, and 970

Juan Hill (signed 7 Philadelphia Nominating Page Lines), Circulated pages 239 (signed L. 1) and 391

George Hunt (signed 9 Philadelphia Nominating Page Lines), Circulated pages 182 and 240 (signed L. 49)

Quintincy Hunt (signed 7 Philadelphia Nominating Page Lines), Circulated pages 97, 342, and 597

Thomas Jimenez (signed 15 Philadelphia Nominating Page Lines), Circulated page 523 (signed L. 8)

Anthony Johnson (signed 11 Philadelphia Nominating Page Lines), Circulated page 356 (signed L. 50)

Bobby Johnson (signed 11 Philadelphia Nominating Page Lines), Circulated pages 356 and 357

Nuri Jones (signed 5 Philadelphia Nominating Page Lines), Circulated pages 95, 203, 204, 206, 210, 753, and 1166

Anthony Kearse (signed 5 Philadelphia Nominating Page Lines), Circulated pages 48, 175, 257 (signed L. 29), 351, 369, and 601

Dan Lindsey (signed 23 Philadelphia Nominating Page Lines), Circulated pages 67 and 333

Malik Harper (signed 4 Philadelphia Nominating Page Lines), Circulated pages 525, 526, and 527

Willis Petty (signed 6 Philadelphia Nominating Page Lines), Circulated pages 329 and 413

Michael Reed, Sr. and Michael Reed, Jr., (together signed a total of 67 Philadelphia Nominating Page Lines), [4]

Circulated pages 338, 339, 404, 405, 481, 482, 514, 579, 586, 1035, and Michael Reed, Jr. signed Page 338 at Line 12.

Roosevelt Rivers (signed 12 Philadelphia Nominating Page Lines), Circulated page 485 (signed L. 4)

Valerie Rogers (signed 6 Philadelphia Nominating Page Lines), Circulated pages 68, 70, 80, and 633

Larry Russell (signed 5 Philadelphia Nominating Page Lines), Circulated pages 578 and 587

Andrew Shaw (signed 15 Philadelphia Nominating Page Lines), Circulated page 328

Note: Andrew Shaw was not registered to vote when he circulated Page 328 or affixed his signature to 15 Philadelphia Nominating Page Lines.

Barry Shaw (signed 6 Philadelphia Nominating Page Lines), Circulated pages 308, 315, 532, 560, 567, and 573

Note: Barry Shaw was not registered to vote at the address he set forth when he signed or circulated the Philadelphia Nominating Pages.

*95 Annette Smith (signed 23 Philadelphia Nominating Page Lines), Circulated page 556 (signed L. 29)

Troy A. Smith (signed 9 Philadelphia Nominating Page Lines), Circulated pages 131 and 984 (signed L. 3)

Lola Thompson (signed 11 Philadelphia Nominating Page Lines), Circulated page 551

Hector Torres (signed 7 Philadelphia Nominating Page Lines), Circulated pages 16, 268 (signed L. 23), 557 (signed L. 10), 559

William Ward (signed 17 Philadelphia Nominating Page Lines), Circulated page 686 (signed L. 15)

Chris Watson (signed 14 Philadelphia Nominating Page Lines), Circulated pages 207 (signed L. 14), 400, and 401

Earl Watson (signed 12 Philadelphia Nominating Page Lines), Circulated page 420

Gregory White (signed 28 Philadelphia Nominating Page Lines), Circulated pages 79 and 218 (signed L. 11)

Note: Gregory White signed as circulator at a different address than as an elector on the same date. In fact, he signed petitions under three different addresses all within a three-day period.

Daniel Williams (signed 5 Philadelphia Nominating Page Lines), Circulated pages 58 and 550 (signed L. 1)

16) The undersigned personally viewed each of the signatures of the Serial Signers/Circulators identified in the preceding Finding of Fact, further noting that the address set forth by their signatures matched, except in the case of Gregory White. His signature, however, matched for all 28 times he signed Philadelphia Nominating Page Lines. [5]

17) Other individuals, not circulators, signed five or more times, as well. The following is a partial list of these individuals:

Lavelle Campbell (signed 10 Philadelphia Nominating Page Lines)

Carl Fletcher (signed 19 Philadelphia Nominating Page Lines)

Keith Grant (signed 23 Philadelphia Nominating Page Lines)

Lindsey Mackie (signed 14 Philadelphia Nominating Page Lines)

Samuel Johnson (signed 15 Philadelphia Nominating Page Lines)

Sanniyyah Jones (signed 8 Philadelphia Nominating Page Lines)

Charles Martin (signed 5 Philadelphia Nominating Page Lines)

Charles McCready (signed 5 Philadelphia Nominating Page Lines)

James Poindexter (signed 10 Philadelphia Nominating Page Lines)

Charles Ray (signed 5 Philadelphia Nominating Page Lines)

Ricardo Rivera (signed 5 Philadelphia Nominating Page Lines)

Brian Rosell (signed 8 Philadelphia Nominating Page Lines)

Donniece Roundtree (signed 11 Philadelphia Nominating Page Lines)

Charles Sarlo (signed 9 Philadelphia Nominating Page Lines)

Robert Simmons (signed 8 Philadelphia Nominating Page Lines)

Leon Spann (signed 5 Philadelphia Nominating Page Lines)

Jasmine Speller (signed 5 Philadelphia Nominating Page Lines)

Thomas Spruill (signed 5 Philadelphia Nominating Page Lines)

*96 Aaron Taylor (signed 6 Philadelphia Nominating Page Lines)

Robert Terrell (signed 8 Philadelphia Nominating Page Lines)

Anthony Walker (signed 12 Philadelphia Nominating Page Lines)

Alex Walley (signed 11 Philadelphia Nominating Page Lines)

Darren Wardlaw (signed 8 Philadelphia Nominating Page Lines)

Chris Watson (signed 14 Philadelphia Nominating Page Lines)

Darnell Webb (signed 5 Philadelphia Nominating Page Lines)

Ray Williams (signed 17 Philadelphia Nominating Page Lines)

Marc Wise (signed 11 Philadelphia Nominating Page Lines)

18) A review of the Duplicate Signatures revealed that many of the Serial Signer/Circulators and other Serial Signers signed many of the same Philadelphia Nominating Pages, giving evidence that such pages were "manufactured" rather than circulated among the electorate, at least in significant part, if not in whole. See, e.g., Philadelphia Nominating Pages 34, 58, 72, 80, 81, 88, 102, 120, 177, 181, 190, 195, 200, 204, 212, 239, 244, 306, 308, 310, 327, 328, 333, 369, 480, 485, 514, 519, 523, 559, 1029, 1032, and 1035. [6]

19) Evidence at the hearing, based on the credible testimony of Mr. Kelly, also established that data required to be filled out by the electors was filled out in the hand of certain circulators or other unknown individuals. This led to the withdrawal of many of the Philadelphia Nominating Pages by the Candidates or their stipulation on the record that many other such pages should be stricken. [7]

20) The Philadelphia Nominating Pages withdrawn, on record, at the hearings before the undersigned on October 7 and 8, 2004 by the Candidates, are as follows: Pages 12, 101, 115, 198, 218, 226, 227, 230, 322, 489, 536, 552, 571, 580, and 583.

21) Because these pages were under assignment to Judges other than the undersigned, the undersigned did not report the stricken lines in the Court Daily Tallies, but supplied the information to the Judges assigned to dispose of these pages for proper accounting.

22) The Philadelphia Nominating Pages stricken for fraud or other irregularities, based on the stipulation of the parties on record before the undersigned at the hearings on October 5 and 7, 2004 by the Candidates, are as follows: 117, 162, 163, 164, 239, 244, 245, 246, 248, 249, 251, 253, 399, 461, 519, 643, 681, 682, 683, 1000, 1031, 1032, and 1042. Additionally, Lines 7 through 110 of Page 112 were stricken by stipulation because the circulator filled in the electors' information.

23) The undersigned accepted the stipulations of the parties to strike the Philadelphia *97 Nominating Pages set forth in the immediately preceding Finding of Fact. Further, the undersigned's review of these pages clearly establishes that the stipulations to strike these pages were appropriate.

24) On October 8, 2004, the undersigned filed an Order in this matter disposing of Philadelphia Nominating Pages 117, 162, 163, 164, 244, 245, 246, 248, 249, 251, 253, 399, 461, 643, 681, 682, 683, 1000, 1031, 1032, and 1042, and Lines 7 through 110 of Page 112. Prior to filing this order, the undersigned requested that counsel for the parties review the order for accuracy as to its representation. Counsel for both parties consented to the filing of this order.

25) Because some of the pages stricken by stipulation were under assignment to Judges other than the undersigned, the undersigned reported only the number of signature lines stricken pertaining to those Philadelphia Nominating Pages assigned to him in the Court Daily Tallies, and supplied information regarding the other pages to the respective Judge assigned to dispose of these pages for proper accounting.

26) The Philadelphia Nominating Pages stricken by stipulation that were assigned to the undersigned are as follows: 239, 244, 245, 246, 248, 249, 251, 253, and 519. [8] A subsequent Finding of Fact will detail the number of signature lines stricken by the undersigned.

27) Because the proceedings before the undersigned established a broad picture of pervasive fraud in the creation of the Philadelphia Nominating Pages, which involved (1) many serial signers, (2) circulators that were also serial signers, and (3) circulators and others who literally filled in the blanks on many Philadelphia Nominating Pages, the Candidates agreed to withdraw or have stricken many thousands of signature lines and whole pages.

28) Although the following "Rulings on Pages Assigned to Senior Judge Mirarchi" reflect a review and disposal of 2970 signature lines, the undersigned in actuality reviewed and disposed of many thousands' more signature lines, as indicated by the preceding Findings of Fact. The signature lines not addressed in the following "Rulings on Pages Assigned to Senior Judge Mirarchi" are dealt with under the Findings and Conclusions of the other four Judges assigned to review the Philadelphia Nominating Pages.

RULINGS ON PAGES ASSIGNED TO SENIOR JUDGE MIRARCHI

29) The following Philadelphia Nominating Papers are struck as invalid because the Affidavit of Qualified Elector (Circulator's Affidavit) on such papers lacked the acknowledgment by a notary public or another person qualified to take acknowledgments. Counsel for the Candidates conceded that these Philadelphia Nominating Papers be stricken on that ground.

Page 518: 21 signature lines

Page 534: 36 signature lines

Page 537: 110 signature lines

Page 598: 26 signature lines

Page 681: 110 signature lines

Running Total: 303 signatures reviewed; 303 signatures stricken, 0 valid signatures

30) For informational purposes only, the Philadelphia Nominating Papers described in the immediately preceding Finding of Fact contained numerous Duplicate Signatures, *98 which were not reported for the Court Daily Tallies, as the page and line numbers were already stricken for the reasons set forth in the immediately preceding Finding of Fact. These Duplicate Signatures are as follows:

On Page 518: Lines 1, 2, 5, 6, 7, 8, 9, 10, 12, 14, 15, 18, 19, 20

On Page 534: 0 Duplicate Signatures

On Page 537: Line 82

On Page 598: 0 Duplicate Signatures

On Page 681: 0 Duplicate Signatures

31) The number of Duplicate Signatures appearing on pages 514 through 1189 of the Philadelphia Nominating Pages, and stricken as invalid by the undersigned as such, except where such signatures had been previously stricken, is 476.

Running Total: 779 signatures reviewed; 779 signatures stricken, 0 valid signatures

32) The following Philadelphia Nominating Papers were struck as invalid by the undersigned on the basis of fraudulent activity of the circulators or Serial Signers of such pages, based upon credible evidence placed on the record:

Page 515: 100 signature lines

Page 556: 30 signature lines

Page 557: 70 signature lines

Page 686: 28 signature lines

33) The Court previously struck as invalid Duplicate Signatures on the pages described in the immediately preceding Finding of Fact as follows:

Page 515: 0 Duplicate Signatures

Page 556: 8 Duplicate Signatures (Lines 1-3, 8, 12, 13, 19, and 29)

Page 557: 5 Duplicate Signatures (Lines 3, 5, 10, 49, and 59)

Page 686: 7 Duplicate Signatures (Lines 1, 3, 5, 8, 15, 16, and 26)

34) Accordingly the signatures stricken for the pages described in the two immediately preceding Finding of Fact are as follows:

Page 515: 100 signature lines

Page 556: 22 signature lines

Page 557: 65 signature lines

Page 686: 21 signature lines

Running Total: 987 signatures reviewed; 987 signatures stricken, 0 valid signatures

35) Lines 1, 2, and 4 on Page 556 are also invalid on the grounds that the individuals who signed on those lines set forth a date one day after the circulator and notary completed the Circulator's Affidavit on this Page.

36) With respect to Page 515, handwriting expert Edward J. Kelly credibly testified that information concerning the address, date of signing, and even printed name of the electors appearing on numerous lines on this page were either set forth in the hand of the circulator, David Otero, or in the hand of other individuals rather than the elector. These lines are as follows: 2, 5, 6, 8, 9, 10, 12, 13, 14, 15, 23, 24, 25, 26, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 42, 43, 44, 45, 55, 57, 60, and 90. Other lines probably had such defects as well. Counsel for the Candidates conceded that Page 515, Lines 2, 5, 8, 9, 10, 13, 14, 23, 24, 25, 31, and 32 should be stricken on the grounds that the evidence established that either the circulator, David Otero or other individuals, not the electors, set forth information regarding address, date, or, in some instances, the name of the elector.

37) Because the circulator, David Otero, and other unknown individuals clearly affixed information represented to be that of many of the electors on Page 515, Mr. Otero's Circulator Affidavit is rendered unreliable, a violation of his sworn affidavit, and fraudulent. Accordingly, the entire *99 Philadelphia Nominating Page 515 is invalid.

38) With respect to Page 556, credible evidence established that the circulator and affiant of this page, Annette Smith not only swore to the Circulator's Affidavit, but also signed Line 29 of Page 556 as an elector. She also affixed her signature to 22 other Philadelphia Nominating Pages all generally within the four-day period from July 20 — 24, 2004. [9] She signed two Philadelphia Nominating Pages twice (Page 409, Line 7, and Page 409, Line 101; and Page 556, Line 3, and Page 556, Line 29). Further, Ms. Smith set forth on Page 556 one address as an elector and another address as a circulator. She was not registered to vote at either address on the date of her signing.

39) When Annette Smith completed her Circulator's Affidavit for Page 556, it was done with the knowledge that she had signed numerous other Philadelphia Nominating Pages and with the knowledge that she was not registered to vote at the different addresses she set forth for herself in this document. [10] Her Circulator's Affidavit is therefore rendered unreliable, a violation of her sworn affidavit, and fraudulent. Accordingly, the entire Philadelphia Nominating Page 556 is invalid.

40) With respect to Page 557, credible evidence established that the circulator of this page, Hector Torres, was also a Serial Signer, having signed at least 7 Philadelphia Nominating Pages, including Line 10 of Page 557 as an elector. [11]

41) When Hector Torres completed his Circulator's Affidavit for Page 557, it was done with the knowledge that he had signed numerous other Philadelphia Nominating Pages. His Circulator's Affidavit is therefore rendered unreliable, a violation of his sworn affidavit, and fraudulent. Accordingly, the entire Philadelphia Nominating Page 557 is invalid.

42) With respect to Page 686, credible evidence established that the circulator of this page, William Ward, was also a Serial Signer, having signed at least 17 Philadelphia Nominating Pages. [12] He also signed Line 15 of Page 686 as an elector. Further, Mr. Ward set forth on Page 686 one address as an elector and another address as a circulator, and he signed Page 177 two times, at Lines 5 and 34.

43) Because William Ward completed his Circulator's Affidavit for Page 686 with the knowledge that he had signed numerous other Philadelphia Nominating Pages, and because he failed to set forth in his *100 Circulator's Affidavit the address for which he is a registered voter, his Circulator's Affidavit is rendered unreliable, a violation of his sworn affidavit, and fraudulent. Accordingly, the entire Philadelphia Nominating Page 686 is invalid.

44) Counsel for the Candidates conceded to strike as void the crossed-out portions of Page 527, consisting of Line 53 and Lines 64 — 110, for a total of 48 stricken lines. It is apparent that Lines 64 — 110 of Page 527 are forgeries, where two or three individuals signed and filled out all of these lines.

45) The undersigned did not review the balance of the signature lines for Page 527. Judge Leadbetter was assigned to perform that review.

Running Total: 1035 signatures reviewed; 1035 signatures stricken, 0 valid signatures

46) The parties stipulated that the following Philadelphia Nominating Pages should be stricken for the reason that they are in the hand of the circulators or other persons, not in the electors whose names appear in the Nomination Papers or for the reason that the circulators filled in the electors' information:

Page 239: 110 signature lines

Page 244: 101 signature lines

Page 245: 100 signature lines

Page 246: 110 signature lines

Page 248: 101 signature lines

Page 249: 100 signature lines

Page 251: 84 signature lines

Page 253: 49 signature lines

Page 519: 100 signature lines

47) The undersigned accepted the stipulation of the parties to strike the Philadelphia Nominating Pages set forth in the immediately preceding Finding of Fact. Further, the undersigned's review of these pages clearly establishes that the stipulation to strike these pages is appropriate.

48) Philadelphia Nominating Page 519 contains 6 Duplicate Signatures that were previously stricken by this Court. [13] No Duplicate Signatures were stricken from the other Philadelphia Nominating Pages set forth in Finding of Fact No. 46. Accordingly, the signature lines struck from the Philadelphia Nominating Pages set forth in Finding of Fact No. 46 are as follows:

Page 239: 110 signature lines

Page 244: 101 signature lines

Page 245: 100 signature lines

Page 246: 110 signature lines

Page 248: 101 signature lines

Page 249: 100 signature lines

Page 251: 84 signature lines

Page 253: 49 signature lines

Page 519: 94 signature lines

Running Total: 1884 signatures reviewed; 1884 signatures stricken, 0 valid signatures

49) Page 237, consisting of 43 signature lines, lacked the signature of the circulator in the Circulator's Affidavit. The Court permitted Candidates to amend this defect by producing the circulator to affix his signature by noon, October 8, 2004. The circulator failed to appear before the Court to effectuate the amendment. At the hearing held before the undersigned on October 8, 2004, Counsel for the Candidates conceded that because he was unable to produce the affiant to amend the Circulator's Affidavit, Page 237 should be stricken as void. The undersigned accordingly struck Page 237, with its 43 signature lines as void.

*101 Running Total: 1927 signatures reviewed; 1927 signatures stricken, 0 valid signatures

50) The undersigned conducted a page and line review of the following Philadelphia Nominating Pages: Pages 231 (100 signature lines), 234 (110 signature lines), 236 (110 signature lines), 240 (50 signature lines), 241 (110 signature lines), 242 (110 signature lines), 243 (100 signature lines), 252 (110 signature lines), 254 (77 signature lines), 256 (87 signature lines), and 257 (41 signature lines).

51) The following designations will be used to describe the disposition of the signature lines for the above Philadelphia Nominating Pages:

a) Valid signatures ("Valid Signatures").

b) Signatures stricken because the signature is a Duplicate Signature ("Dup").

c) Signatures stricken because the elector is not registered to vote and was not registered at the date of signing the Philadelphia Nominating Page ("NR").

d) Signatures stricken because the elector registered to vote after the date of signing the Philadelphia Nominating Page ("NRDS").

e) Signatures stricken because the elector is not registered to vote at the address set forth in the Philadelphia Nominating Page ("NRA").

f) Signatures stricken because the elector omitted required information, such as signature, address, printed name, and date signed ("DO").

g) Signatures stricken because some or all of the information required by the Election Code pertaining to an elector was written by an individual or individuals other than the elector ("Information Written by Others").

h) Signatures stricken as forged ("Forged").

i) Signatures stricken as illegible ("Illegible").

j) Signatures stricken because the "electors" affixed addresses that are not in the City and County of Philadelphia ("NA/OC"). [14]

52) With respect to Page 231, with 100 signature lines, based on credible evidence, the following disposition was made:

a) 36 lines stricken as NR: Lines 6, 7, 8, 9, 10, 11, 12, 15, 18, 23, 24, 27, 29, 30, 31, 32, 34, 37, 39, 42, 43, 46, 48, 49, 53, 54, 56, 62, 63, 64, 67, 76, 79, 80, 99, 95 and 97.

b) 25 lines stricken as NRA: Lines 2, 4, 12, 13, 19, 25, 33, 41, 45, 50, 51, 52, 58, 59, 65, 66, 74, 81, 84, 87, 88, 91, 92, 94 and 96.

c) 13 lines stricken for DO: Lines 16, 22, 35, 38, 40, 44, 55, 57, 61, 69, 71, 73 and 83.

d) 5 lines stricken as Forged: Lines 72, 78, 86, 89 and 97.

e) 2 lines stricken as NA/OC: Lines 47 and 67.

f) 19 Valid Signatures.

Running Total: 2027 signatures reviewed; 2008 signatures stricken, 19 valid signatures

53) With respect to Page 234, with 110 signature lines, based on credible evidence, the following disposition was made:

a) 16 lines stricken as NR: Lines 1, 9, 13, 21, 41, 45, 55, 64, 67, 70, 71, 78, 79, 88, 89 and 105.

b) 26 lines stricken as NRA: Lines 3, 8, 12, 16, 17, 27, 31, 32, 40, 42, 43, 49, 50, 52, *102 58, 65, 83, 86, 87, 90, 91, 92, 95, 97, 108 and 109.

c) 8 lines stricken as NRDS: Lines 2, 7, 16, 19, 69, 77, 100 and 101.

d) 6 lines stricken for DO: Lines 5, 19, 28, 29, 75 and 107.

d) 1 line stricken for having Information Written by Others: Line 4.

e) 1 line stricken as Illegible: Line 93.

f) 52 Valid Signatures.

Running Total: 2137 signatures reviewed; 2066 signatures stricken, 71 valid signatures

54) With respect to Page 236, with 110 signature lines, based on credible evidence, the following disposition was made:

a) 2 lines stricken as Dup: Lines 85 and 100.

b) 30 lines stricken as NR: Lines 5, 13, 15, 18, 24, 26, 29, 32, 35, 40, 43, 44, 48, 53, 54, 59-62, 67, 71, 72, 80, 83, 86, 91, 96, 101, 102 and 107.

c) 15 lines stricken as NRA: Lines 3, 9, 10, 14, 31, 39, 45, 52, 63, 65, 79, 87, 90, 93 and 106.

d) 10 lines stricken as NRDS: Lines 16, 22, 36, 47, 57, 68, 82, 94, 108 and 109.

d) 7 lines stricken for DO: Lines 7, 11, 12, 58, 64, 75 and 77.

e) 1 line stricken for having Information Written by Others: Line 17.

f) 1 line stricken as Illegible: Line 89.

g) 7 lines stricken for being NA/OC: Lines 4, 30, 47, 70, 98, 99 and 103.

h) 37 Valid Signatures.

Running Total: 2247 signatures reviewed; 2139 signatures stricken, 108 valid signatures

55) With respect to Page 240, with 50 signature lines, based on credible evidence, the following disposition was made:

a) 10 lines stricken as Dup: Lines 11, 32, 37, 38, 40, 41, 45, 46, 48 and 49.

b) 12 lines stricken as NR: Lines 3, 4, 8, 10, 14, 17, 19, 20, 23, 30, 34 and 36.

c) 12 lines stricken as NRA: Lines 6, 9, 12, 16, 18, 21, 26, 27, 33, 39, 43 and 47.

d) 2 lines stricken as NRDS: Lines 22 and 26.

e) 4 lines stricken for DO: Lines 1, 24, 28 and 29.

f) 1 line stricken as Illegible: Line 42.

g) 1 line stricken for being NA/OC: Line 31.

h) 8 Valid Signatures.

Running Total: 2297 signatures reviewed; 2181 signatures stricken, 116 valid signatures

56) With respect to Page 241, with 110 signature lines, based on credible evidence, the following disposition was made:

a) 4 lines stricken as Dup: Lines 25, 60, 88 and 89.

b) 26 lines stricken as NR: Lines 2, 5, 7, 13, 15, 22, 35, 38, 50, 51, 56, 61, 68, 82, 85, 87, 90, 91, 98, 100, 102 and 105.

c) 42 lines stricken as NRA: Lines 3, 6, 8, 11, 17-20, 22, 25, 32, 34, 36, 37, 41, 42, 44, 45, 47, 52, 53, 54, 58, 62, 67, 70-72, 73, 78, 83, 84, 86, 92-96, 99, 104, 106 and 107.

d) 11 lines stricken as NRDS: Lines 14, 27, 29, 57, 59, 64, 65, 75, 77, 79 and 109.

e) 2 lines stricken as Illegible: Line 30 and 33.

f) 25 Valid Signatures.

Running Total: 2407 signatures reviewed; 2266 signatures stricken, 141 valid signatures

57) With respect to Page 242, with 110 signature lines, based on credible evidence, the following disposition was made:

*103 a) 18 lines stricken as Dup: Lines 5, 12, 21, 23, 25, 38, 42, 47, 54, 56, 57, 71, 87, 93 and 94. [15]

b) 24 lines stricken as NR: Lines 24, 28, 39, 45, 49, 58, 60, 62, 63, 66, 70, 72-74, 77, 80, 89, 91, 92, 95, 96, 99, 107 and 108.

c) 21 lines stricken as NRA: Lines 1-4, 6, 16, 18, 19, 30, 32, 35, 40, 44, 64, 68, 82, 86, 91, 104 and 110.

d) 1 line stricken as NRDS: Line 48.

e) 31 lines stricken for DO: Lines 7-9, 11, 13-15, 17, 22, 26, 27, 29, 31, 34, 36, 37, 41, 43, 46, 50-53, 55, 59, 61, 81, 85, 88, 97, 98 and 105. [16]

f) 1 line stricken as Illegible: Line 38.

g) 14 Valid Signatures.

Running Total: 2517 signatures reviewed; 2362 signatures stricken, 155 valid signatures

58) With respect to Page 243, with 100 signature lines, based on credible evidence, the following disposition was made:

a) 2 lines stricken as Dup: Lines 2 and 69.

b) 14 lines stricken as NR: Lines 6, 32, 37, 38, 40, 41, 47, 53, 67, 76, 77, 78, 97 and 98.

c) 37 lines stricken as NRA: Lines 1, 3, 4, 7, 8, 10, 11-13, 16, 17, 22-24, 26, 28, 30, 33, 35, 39, 42, 48, 51, 57, 61, 62-65, 79, 82, 88, 90, 93, 94, 96 and 100.

d) 7 lines stricken as NRDS: Lines 14, 25, 66, 68, 80, 81 and 95.

e) 3 lines stricken for DO: Lines 49, 59 and 73.

f) 1 line stricken as Illegible: Line 83.

g) 1 line stricken for being NA/OC: Line 74.

h) 35 Valid Signatures.

Running Total: 2617 signatures reviewed; 2427 signatures stricken, 190 valid signatures

59) With respect to Page 252 with 110 lines, based on credible evidence, the following disposition was made:

a) 4 lines stricken as Dup: Lines 5, 29, 30 and 104.

b) 25 lines are stricken as NR: 7, 14, 18, 27, 32, 33, 35, 36, 39, 44, 45, 46, 49, 63, 67, 79, 80, 82, 88, 93, 94, 95, 96, 105 and 109.

c) 28 lines are stricken as NRA: 3, 9 through 16, 21, 54, 55, 59, 61, 65, 68, 70, 73, 74, 76, 80, 83, 84, 92, 97, 99, 107, 108 and 110.

d) 7 lines for NRDS: 41, 48, 51, 60, 66, 90 and 98.

e) 13 lines are stricken for DO: 1, 2, 6, 19, 20, 37, 42, 56, 57, 71, 72, 91 and 100.

f) 4 lines are stricken for being NA/OC: 17, 40, 43 and 89.

g) 29 valid signatures.

Running Total: 2727 signatures reviewed; 2508 signatures stricken, 219 valid signatures

60) With respect to Page 254 with 77 lines, based on credible evidence, the following disposition was made:

a) 1 line stricken as Dup: Line 14.

b) 30 lines are stricken as NR: 1, 6, 8, 10, 12, 13, 15, 17, 20, 22, 24-29, 34, 35, 40, 42, 46, 48, 49, 54, 55, 57, 59, 62, 67 and 71.

c) 9 lines are stricken as NRA: 5, 7, 23, 33, 37-39, 43 and 68.

*104 d) 4 lines are stricken as NRDS: 30, 44, 64 and 69.

e) 4 lines are stricken for DO: 9, 26, 31 and 60.

f) 8 lines stricken for being NA/OC: 2-4, 58, 61, 65, 66 and 72.

g) 21 valid signatures.

Running Total: 2804 signatures reviewed; 2564 signatures stricken, 240 valid signatures

61) With respect to Page 256, with 87 signature lines, [17] based on credible evidence, the following disposition was made:

a) 3 lines stricken as Dup: Lines 24, 43 and 103.

b) 20 lines stricken as NR: Lines 10, 13, 15, 17, 21, 39, 42, 47-51, 55, 56, 60, 62, 64, 68, 76 and 77.

c) 34 lines stricken as NRA: Lines 8, 11, 14, 16, 18, 19, 22, 23, 29, 30, 31, 38, 40, 41, 44, 45, 46, 52, 59, 61, 63, 65-67, 69, 70-72, 79, 81, 82, 101, 104 and 105.

d) 3 lines stricken as NRDS: Lines 1, 12 and 73.

e) 11 lines stricken for DO: Lines 2-4, 9, 27, 28, 57, 58, 75, 78 and 102.

f) 16 Valid Signatures.

Running Total: 2891 signatures reviewed; 2635 signatures stricken, 256 valid signatures

62) With respect to Page 257, with 41 signature lines, based on credible evidence, the following disposition was made:

a) 1 line stricken as Dup: Line 27.

b) 7 lines stricken as NR: Lines 2-4, 15, 26, 31 and 40.

c) 6 lines stricken as NRA: Lines 13, 25, 29, 30, 32 and 35.

d) 12 lines stricken as NRDS: Lines 5-7, 9, 11, 12, 19, 28, 33, 34, 38 and 39.

e) 1 line stricken for DO: Line 1.

f) 14 Valid Signatures.

Running Total: 2932 signatures reviewed; 2662 signatures stricken, 270 valid signatures

63) Philadelphia Nominating Page 247, consisting of 38 signature lines, was withdrawn by counsel for the Candidates because of irregularities appearing throughout the page, based on clear evidence that the affiant had completed most if not all of the information set forth therein. This evidence was corroborated by the credible testimony of Mr. Kelly. Counsel for the Candidates moved for the withdrawal of Page 247, and the Court granted this unopposed motion.

Running Total: 2970 signatures reviewed; 2700 signatures stricken, 270 valid signatures

CONCLUSIONS

1) The undersigned reviewed the following Philadelphia Nominating Pages for which he reported numbers in the Court Daily Tallies: 231, 234, 236, 237, 239-249, 251-254, 256, 257, 515, 518, 519, 534, 537, 556, 557, 598, 681, and 686. Further, the undersigned reviewed Duplicate Signatures occurring on Philadelphia Nominating Pages 514-1189.

2) After review of these Pages and the Duplicate Signatures occurring on Philadelphia Nominating Pages 51-1189, the undersigned reports the following:

2970 Signatures Reviewed

2700 Signatures Stricken

270 Signatures Remain Valid

3) The undersigned made a page and line review of Philadelphia Nominating Pages 231, 234, 236, 240-243, 252, 254, 256, *105 and 257, in accordance with the standards of review for same set forth in In re Nomination Papers of Nader, --- Pa. ___, 858 A.2d 1167 , 2004 WL 2185351 (No. 154 MAP 2004, filed September 29, 2004).

4) With respect to Justice Saylor's concurring opinion in In re Nomination Papers of Nader, (No. 171 MM 2004, filed October 1, 2004), directing that we consider grounds for striking signatures other than the fact that the electors are not registered, we report that the following signatures were stricken only on the grounds that the elector was not registered at the time of signing or by the time of the hearing (NR: 240 signatures), was not registered at the address affixed to the nominating page (NRA: 255 signatures), and was not registered at the time of signing (NRDS: 65 signatures). The page and line numbers of these individuals are set forth in Findings of Fact Nos. 52-62.

5) The Candidates conceded to the striking of the great majority of all other signature lines stricken by the undersigned.

6) The review of the Philadelphia Nominating Pages set forth in Conclusion No. 1, together with many other Philadelphia Nominating Pages as partially described in the Findings of Fact, revealed extensive impropriety and/or fraudulent activity in the creation of many Philadelphia Nominating Pages.

7) The evidence established that many Philadelphia Nominating Pages were simply manufactured, in whole or in part, by Serial Signer/Circulators, other Serial Signers, and other Circulators.

8) The evidence does not link the activities of the individuals described in the preceding Conclusion with the Candidates themselves, but the efforts of the Candidates to be on the ballot in November are clearly negatively impacted by this activity.

9) The legitimacy and integrity of the electoral process is negatively impacted by the activities of the Serial Signer/Circulators, other Serial Signers, and other Circulators, who, with obvious intent, attempted to pad the numbers for their Candidates in the Philadelphia Nominating Pages by fraud, deceit, and dishonesty.

10) Thus, the legal argument of the Candidates that the strict requirements of the Election Code and a thorough and timely review of their nominating pages is somehow fundamentally, and thus constitutionally unfair to them and serves to "disenfranchise" their supporters, is proven a clear farce.

11) On the contrary, the whole of the electorate is disenfranchised when the thorough and outrageous assault on the legitimacy and integrity of the electoral process, as revealed during our hearings on the Philadelphia Nominating Pages, is not prevented by judicial review based on firmly established standards of law.

12) In an effort to distance themselves from the clear evidence of fraud and impropriety that began emerging from the evidence deduced at the hearings, counsel for the Candidates ultimately agreed to withdraw a number of Philadelphia Nominating Pages in their entirety and conceded to the striking as void of many others and to the Duplicate Signatures.

13) Although legal counsel for the Candidates has not always been forthright and cooperative with the Court ( see, e.g., the Memorandum Opinion and Order of President Judge Colins entered in this matter on September 23, 2004), there were attorneys for the Candidates who met or rose above the standards of their profession during the hearings. The undersigned would particularly wish to commend B. *106 Patrick Costello, Jr., Esquire, who acquitted himself with scrupulous honesty, integrity, and candor. While advocating with vigor for the Candidates, he nevertheless recognized his duty as an officer of the Court when faced with undeniable evidence of the fraud and other impropriety set forth in the Philadelphia Nominating Papers, and performed with great expeditiousness to aid the Court in properly disposing of these matters while maintaining the signatures of electors not tainted by the fraud and impropriety.

ORDER

AND NOW, this 13th day of October, 2004, the Court having been informed that Philadelphia Nominating Pages 536, 552, 566, 571, 580, 583, 643, 682, and 683, and the disposition of challenges, motions, and stipulations made thereto, were never previously counted in the Court Daily Tallies or in the Findings and Conclusions of the Judge to whom they had been assigned, and in an effort to ensure an accurate counting and disposition of all nominating pages filed by the Candidates, the undersigned, who received and accepted the motions to withdraw some of these Pages and the stipulations to strike the others, as more particularly described in the undersigned's Findings and Conclusions in this matter filed on October 12, 2004, hereby amends his Findings and Conclusions filed on October 12, 2004, as follows:

1) Finding of Fact No. 20 is amended to include Philadelphia Nominating Page 566 among those Philadelphia Nominating Pages withdrawn on the record by counsel for the Candidates on October 7 and 8, 2004.

2) Finding of Fact No. 22, second sentence, is amended to read, with the amended portion in bold and underline, as follows:

Additionally, Lines 7 through 110 of Page 1112 were stricken by stipulation because the circulator filled in the electors' information.

3) Finding of Fact No. 24, first sentence, is amended to read, with the amended portion in bold and underline, as follows:

On October 8, 2004, the undersigned filed an Order in this matter disposing of Philadelphia Nominating Pages 117, 162, 163, 164, 244, 245, 246, 248, 249, 251, 253, 399, 461, 643, 681, 682, 683, 1000, 1031, 1032, and 1042, and Lines 7 through 110 of Page 1112.

4) Finding of Fact No. 64 is added to find:

64) Because the following Philadelphia Nominating Pages, withdrawn by counsel for the Candidates, as set forth in Finding of Fact No. 20, or stipulated by the parties to be stricken as set forth in Finding of Fact No. 22, have not been previously counted in either the Court Daily Tallies as reviewed, withdrawn, or stricken, nor counted as reviewed, withdrawn or stricken in the Findings and Conclusions of the Judge to whom such pages were assigned at the time of their withdrawal or striking, the undersigned adds to his total of Reviewed and Stricken Signatures, the following Pages:

Page 536: 80 signature lines

Page 552: 101 signature lines

Page 566: 15 signature lines

Page 571: 105 signature lines

Page 580: 109 signature lines

Page 583: 53 signature lines

Page 643: 100 signature lines

Page 682: 110 signature lines

Page 683: 100 signature lines

*107 5) Finding of Fact No. 65 is added to find:

65) The Court previously struck as invalid Duplicate Signatures on the pages described in the immediately preceding Finding of Fact as follows:

Page 536: 1 Duplicate Signature (Line 6)

Page 552: 18 Duplicate Signatures (Lines 11, 13, 15, 23, 38, 41, 46-48, 50, 51, 53-55, 57, 68, 71 and 95)

Page 566: 0 Duplicate Signatures

Page 571: 7 Duplicate Signatures (Lines 1, 4-6, 25, 28 and 54)

Page 580: 0 Duplicate Signatures

Page 583: 9 Duplicate Signatures (Lines 10, 12, 13, 36, 41, 45-47 and 52)

Page 643: 0 Duplicate Signatures

Page 682: 0 Duplicate Signatures

Page 683: 0 Duplicate Signatures

6) Finding of Fact No. 66 is added to find:

66) Accordingly, the signatures stricken for the pages described in the two immediately preceding Findings of Fact are as follows:

Page 536: 79 signature lines

Page 552: 83 signature lines

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