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.
Volumes A and B were assigned to President Judge James Gardner Colins. Volume E was assigned to Judge Bonnie B. Leadbetter and Volume F to Senior Judge James R. Kelly.
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.
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 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 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 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) 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 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 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) 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 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, 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 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 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 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, 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: 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 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 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) 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 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 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 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 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 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 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 IDF=NRA 42 33 + 17 = 50 struck Duplicates: 53 lines — 50 struck = 3 valid Page 399 (83 lines) 0 valid Struck at Hearing: 1-83 (83) Joint Exhibit No. 1: NA/OC NR NRA Not included in Joint Ex. 1 NRDS IDF=NRA 83 lines — 83 struck = 0 valid Duplicates: Page 399 struck in its entirety by stipulation per order of Judge Mirarchi. Page 400 (110 lines) 108 valid Struck at Hearing: 52, 53 (2) Joint Exhibit No. 1: NA/OC NR NRA Not included in Joint Ex. 1 NRDS IDF=NRA 110 lines — 2 struck = 108 valid Duplicates: Page 401 (88 lines) 0 valid Struck at Hearing: 1-88 (88) Joint Exhibit No. 1: NA/OC NR NRA Not included in Joint Ex. 1 NRDS IDF=NRA 88 lines — 88 struck = 0 valid Duplicates: Page 402 (53 lines) 0 valid Struck at Hearing: 1-53 (53) Joint Exhibit No. 1: NA/OC 19, 27, 34 NR 2, 6, 14, 21, 22, 26, 28, 29 NRA 1, 3, 4, 5, 7, 10, 11, 12, 16, 24, 25, 30, 32, 33 NRDS IDF=NRA 53 lines — 53 struck = 0 valid Duplicates: Page 403 (110 lines) 24 valid Struck at Hearing: 32, 35, 39, 42, 83, 90, 91, 103 (8) Joint Exhibit No. 1: NA/OC 9, 10, 12, 20, 25, 80, 84 NR 1, 19, 30, 31, 41, 43, 47, 49, 50, 55, 64, 65, 68, 69, 71, 72, 73, 76, 77, 78, 79, 81, 82, 85, 87, 93, 95, 96, 105 NRA 2, 11, 21, 22, 26, 27, 28, 29, 33, 34, 36, 37, 38, 40, 44, 45, 46, 48, 51, 52, 53, 54, 56, 57, 58, 60, 61, 62, 63, 74, 75, 86, 88, 89, 92, 99, 100, 104, 106 109 78 not otherwise listed NRDS 8 + 78 = 86 struck IDF=NRA 110 lines — 86 struck = 24 valid Duplicates: 13, 59 Page 404 (53 lines) 38 valid Struck at Hearing: 3, 11, 12, 13, 15, 16, 27, 28, 51 (9) 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) 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 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 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 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: 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 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 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 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.
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 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). 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.
Act of June 3, 1937, P.L. 1333, as amended, 25 P.S. §§ 2600-3591.
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.
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).
The challenges made by Petitioners from Western Pennsylvania were divided into six volumes for convenience of the parties and the Court: Volumes A, B, C, D, E, and F. For convenience, this Court has referred to the Philadelphia Nominating Pages in relation to the Volume in which such pages appear. Thus, challenges to pages 514 to 1189 of the Philadelphia Nominating Pages are set forth in Volumes E. and F.
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.
The Volume F pages commence on Philadelphia Nominating Page 686.
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.
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)
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),
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.
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.
The Page and Line numbers for each of these individuals, together with all other Serial Signers, are set forth in detail in the Notes of Testimony from the hearing before the undersigned occurring September 27 — October 4, 2004.
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)
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.
Reference is sometimes made in the Petitioners' challenges to Philadelphia Nominating Page 1033. Evidence deduced at our hearings revealed that there is no Page 1032. Rather, Petitioners' challenges are more accurately to Page 1032. It appeared that when the Candidates were numbering their nominating pages for submission to the Department of State, they inadvertently marked side 2 and side 4 of Page 1032 as "1033" and thereafter marked the immediately following page "1034." Thus, this Court permitted the Petitioners to amend their challenges to Page 1032, transferring those challenges originally lodged against Page 1033. Candidates' counsel agreed to this amendment.
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.
Please refer to the Notes of Testimony of the hearings held before the undersigned on October 4, 5, 7 and 8, 2004 for testimony describing the evidence that certain circulators and others affixed information required on the Philadelphia Nominating Pages to be set forth by the electors pursuant to the Election Code.
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 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. A subsequent Finding of Fact will detail the number of signature lines stricken by the undersigned.
On October 4, 2004, the President Judge assigned to the undersigned Philadelphia Nominating Pages found among the nominating pages 231-257 for review and disposition of challenges made thereto.
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, 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 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. 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.
Ms. Smith signed the following Philadelphia Nominating Pages: P. 99, L. 93; P. 181, L. 2; P. 185, L. 70; P. 198, L. 10; P. 204, L. 55; P. 217, L. 12; P. 218, L. 110; P. 239, L. 17; P. 252, L. 29; P. 348, L. 48; P. 377, L. 58; P. 407, L. 78; P. 409, L. 7; P. 409, L. 101; P. 518, L. 10; P. 523, L. 11; P. 552, L. 68; P. 556, L. 3; P. 556, L. 29; P. 698, L. 42; P. 1033, L. 101; P. 1037, L. 79.
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. 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.
The affiant of a Circulator's Affidavit swears or affirms, among other things, that the affiant is a qualified elector, that he or she has affixed her residence to the affidavit, that the signers of the page all signed with full knowledge of the contents thereof, and that to the best of the affiant's knowledge and belief, the signers are all qualified electors of the district designated in the paper. Form DSBE 210A PB Department of State (rev.1/04), Side 4.
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.
The other Philadelphia Nominating Pages signed by Hector Torres were P. 268, L. 23; P. 356, L. 27; P. 378, L. 20; P. 549, L. 92; P. 694, L. 44; and P. 1034, L. 32.
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. 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.
William Ward signed the following Philadelphia Nominating Pages: P. 34, L. 29; P. 88, L. 62; P. 177, L. 5; P. 177, L. 34; P. 240, L. 41; P. 328, L. 25; P. 356, L. 25; P. 363, L. 8; P. 388, L. 19; P. 393, L. 6; P. 485, L. 12; P. 574, L. 4; P. 587, L. 18; P. 686, L. 15; P. 1000, L. 32; P. 1035, L. 4; and P. 1037, L. 43.
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 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. 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:
Lines 16, 17, 35, 43, 61, and 79.
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.
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").
The Board of Elections uses the designation "NA/OC" to signify "non-existent address or out of county address."
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, 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:
a) 18 lines stricken as Dup: Lines 5, 12, 21, 23, 25, 38, 42, 47, 54, 56, 57, 71, 87, 93 and 94.
Evidence established that Page 242 contained three Duplicate Signatures more than set forth in the Interim Adjudication and Order filed October 7, 2004, i.e., Lines 67, 78, and 79.
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.
Line 97 lacked a signature, and the remaining lines were crossed out by the Candidates in ink. One can detect under the crossed-out names, the signatures of a number of Serial Signers.
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.
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, based on credible evidence, the following disposition was made:
On Page 256, signature lines were filled from Lines 1-82, and from Lines 101-105 only. Lines 83-100 were left blank, as were Lines 106-110.
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, 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. 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
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
Page 566: 15 signature lines
Page 571: 98 signature lines
Page 580: 109 signature lines
Page 583: 44 signature lines
Page 643: 100 signature lines
Page 682: 110 signature lines
Page 683: 100 signature lines
Running Total: 3708 signatures reviewed; 3438 signatures stricken; 270 valid signatures
7) Conclusion No. 1 is amended to read, with the added portions in bold and underline, as follows:
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,
536, 537,
552, 556, 557,
566, 571, 580, 583, 598,
643, 681,
682, 683, and 686. Further, the undersigned reviewed Duplicate Signatures occurring on Philadelphia Nominating Pages 514-1189.
8) Conclusion No. 2 is amended to read, with the added portions in bold and underline, as follows:
2) After review of these Pages and the Duplicate Signatures occurring on Philadelphia Nominating Pages 51-1189, the undersigned reports the following:
3708 Signatures Reviewed 3438 Signatures Stricken
270 Signatures Remain Valid
Oct. 12, 2004.
FINDINGS AND CONCLUSIONS RE: CHALLENGES TO PHILADELPHIA COUNTY NOMINATION PAPERS CONTAINED IN EXHIBIT 1, VOLUME E