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 lines50 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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