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Case: 09-3403 Document: 003110024549 Page: 1 Date Filed: 02/17/2010

U.S. District Court,


Eastern District of Pennsylvania Case Number: 09-cv-01898 ECR
Court of Appeals No. Case Number: 09-3403

UNITED STATES COURT OF APPEALS


FOR THE THIRD CIRCUIT
_____________ Ο _____________

LISA LIBERI, et al,


Plaintiffs’ – Appellants’,
v.
ORLY TAITZ, et al,
Respondents’ – Appellees’.
____________ Ο _____________

APPELLANTS’ REPLY TO JOAN CARR’S RESPONSE TO


THIS COURT’S ORDER TO SHOW CAUSE
_____________________

Philip J. Berg, Esquire


555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
(610) 825-3134
Attorney for the Appellants’

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Case: 09-3403 Document: 003110024549 Page: 2 Date Filed: 02/17/2010

Appellant’s filed the within Appeal on or about August 17, 2009.

Appellant’s filed their Appeal opening documents on or about August 29, 2009, at

which time a request for transcript was filed.

Counsel herein mailed a copy of the Transcript Order form to Joan Carr on

August 29, 2009, the same date the documents were filed with this Court.

On or about August 18, 2009, my office contacted the U.S. District Court,

Eastern District of Pennsylvania to find out the cost of the transcript being ordered

due to the appeal. A message was left for David Hayes who handles the pricing for

the transcripts. On August 31, 2009 at 3:13 p.m. another call was placed to Mr.

Hayes and a message left again asking for the cost of the transcript for the hearing

in Liberi, et al v. Taitz, et al, Case No. 09-cv-01898-ECR. Mr. Hayes did call back

stating the hearing was sealed and a Court Order was necessary. Messages were

left back and forth between Mr. Hayes and my Office.

On or about September 24, 2009, another conversation took place with Mr.

Hayes regarding the August 7, 2009 transcript. It was explained to Mr. Hayes that

the 3rd Circuit Court of Appeals issued an Order to Joan Carr on September 2,

2009, see the Docket for September 2, 2009 which states “Order to Court Reporter

Ms. Joan Carr Directing Transcripts Ordered on 09/02/2009, to be filed by

10/05/2009”. See EXHIBIT “A”.

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Case: 09-3403 Document: 003110024549 Page: 3 Date Filed: 02/17/2010

It was also relayed to Mr. Hayes, that Plaintiff’s had to seek leave prior to

the filing of any motion, pursuant to Judge Robreno’s June 25, 2009 Order and an

Order was sent from the 3rd Circuit Court of Appeals. Mr. Hayes was also notified

that I also sent the transcript request to Ms. Carr, however, to date, I had not

received any calls or anything pertaining to the cost of the transcript. Mr. Hayes

first stated that he did not know who Joan Carr was. When it was again explained

that Ms. Carr was the Court Reporter for the Hearing of August 7, 2009, Mr. Hayes

stated he was unable to reach Ms. Carr. It was reiterated to Mr. Hayes that this

Court had Ordered the transcript to be filed on or before October 5, 2009 and I

could not pay for a transcript, which I did not have the costs for.

The call ended with Mr. Hayes stating he would continue his attempts to

reach Ms. Carr and would notify us of the costs for the transcript.

Calls were again placed to Mr. Hayes on October 26, 2009. To date, the

undersigned still does not have the cost of the transcript.

Joan Carr now states she never received the Transcript Order Form, which is

untrue. Not only did I send it to her, this very Court sent it to her. See Exhibit

“A”. Ms. Carr attached to her response a transcript Order form, however, she has

failed again to put any dollar amount for the price of the transcript. Moreover, the

date Ms. Carr states she received the transcript order form is February 16, 2010,

which ironically was the date her response was due to this Court. It should also be

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Case: 09-3403 Document: 003110024549 Page: 4 Date Filed: 02/17/2010

noted, there still is not any cost associated with the transcript on the transcript

order form or the number of pages in the transcript. Another important factor is

Joan Carr failed to sign her Response to this Court.

The undersigned is more than willing to pay for the transcript and has made

many attempts to learn the cost of the transcript to make the proper arrangements

for payment. However, to date, neither Ms. Carr nor Mr. Hayes has provided the

undersigned with the cost for the August 7, 2009 transcript.

Respectfully submitted,

s/ Philip J. Berg
Dated: February 17, 2010 ____________________________
Philip J. Berg, Esquire
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
(610) 825-3134
Attorney for the Appellants’

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Case: 09-3403 Document: 003110024549 Page: 5 Date Filed: 02/17/2010

EXHIBIT “A”

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Case:
Case:09-3403
09-3403 Document:
Document:003110024549
00319794991 Page:
Page:16 Date
DateFiled:
Filed:09/02/2009
02/17/2010

TRA~SCRIPT PURCHASE ORDER


Fur Third 'l«uIC (oDd or Appe."

District Court U.S. District Court, Eastern District of PA Court of Appeals Docket No. 09-3403
--------------------~
District Court Docket No. 2:09-cv-01898-ECR

Short Case TItle Liberi, et al v. Taitz, et al


-----------------------------------------------------------
Date Notice of Appeal Filed by Clerk of District Court August 17, 2009
NOTE: A SEPARATE FORM IS TO BE TYPED FOR
Part 1. (To be completed by party responsible for orderinl transcript) EACH COURT REPORTER IN THIS CASE.
A. Check one of the following and serve ALL COPIES:
TRANSCRIPT:
None Vnnccesury for appeal purposet.

Already on file in the District.Coun Clerk's omc•.

4 This is to order a transcript of the proceedings heard on the date lisled below from Joan Carr (COIIIt RlJIOIfer)

(Specify on lines below exact date of proceedings to be transcflbed).1f requesting only partial transcript of the proceedings. specify exactly
what portion 01 what witness testImony Is desired.
August 7, 2009

Ifproceeding to be transc;ribed Will a trial, al50 check a~ appropriate box below for special requesll; otherwise, this material will NOT be
incIuded ill the trial tninscriplS.
Voir dire Opening Statement of Plaintiff Openins Statement of Defendant
OosinS Argument of Plaintiff Closing Argument of Defendant
Jury fnstruaions Sentencing Hearings

FAILURE TO SPECIFY IN ADEQUATE DETAIL THOSE PROCEEDINGS TO BE TRANSCRIBED OR FAILURE TO


MAKE PROMPT SATISFACTORY FINANCIAL ARRANGEMENTS FOR TRANSCRIPT ARE GROUNDS FOR
DISMISSAL OF THE APPEAL OR IMPOSITION OF SANCTIONS.
B. This is 10 certifY that satisfactory linancial arrangcmenll ha~e been completed with the court reporter for payment of the cost of the
transcripl. The method of payment will be:

CJA Form submitted to District Court Judge Motion for Transcript bas been submitted to District Court
CJA Form submitted to Court of AppealJ 4 Private Funds

Signature Date August 29, 2009


Print NlUllc Philip J. Berg, Esquire Coun..1for Petitioners (Appellants)
Address 555 Andorra Glen Court, Suite 12, Lafayette Hill, PA 19444 Tclcphono (610) 825-3134

Part II. COURT REPORTER ACKNOWLEDGEMENT (To be completed by the Coun Reporter and rorwarded 10 the Court of AppealJ on the sarne
day transcript order is received.)
Date transcript order Estimated completion date; if not within 30 days of date financial Estimated number
received OlrrBn2ements made motion for extension to b~ made to Court of ADoealS of 1'81"

Arrangements for payment were made on


Arrangements for paymenl ha~e not been made punuant to FRAP 100b)

Date Name ofCoUJ1 Reporter Telephone

Part III. NOTIFICATION THAT TRANSCRIPT HAS BEEN FILED IN THE DISTRICf COURT (To be completed by court reporter on date of
tiling transcript in District Court. Notification musl be forwarded to Coun ofAppeals on the same date.)
This is to certify that the transcript has been completed and filed with the District Court today.
Actual Number of Pages Actual Number of Volumes

Date Signature ufCourt Reporter


mmr2005100]dow
Case:
Case:09-3403
09-3403 Document:
Document:003110024549
00319794994 Page:
Page:17 Date
DateFiled:
Filed:09/02/2009
02/17/2010

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

09-3403

Lisa Liberi, et al v. Orly Taitz, et al

2-09-cv-01898

TRANSCRIPT SCHEDULING ORDER

TO: Joan Carr, Court Reporter

The Transcript Purchase Order Form was received on 08/29/2009. Accordingly, Joan Carr is
hereby directed to file the transcripts on or before 10/05/2009.

In the event the ordering party has not made the requisite financial arrangements for the
transcripts, the court reporter must immediately advise the Clerk in writing.

For questions please contact Shannon L. Craven 267-299-4959

For the Court,

Marcia M. Waldron, Clerk

Dated: September 2, 2009

SLC/cc: Philip J. Berg, Esq.


Ms. Joan Carr
Lloyd T. Hoppe Jr., Esq.
Orly Taitz
Case: 09-3403 Document: 003110024549 Page: 8 Date Filed: 02/17/2010

U.S. District Court,


Eastern District of Pennsylvania Case Number: 09-cv-01898 ECR
Court of Appeals No. Case Number: 09-3403

UNITED STATES COURT OF APPEALS


FOR THE THIRD CIRCUIT
_____________ Ο _____________

LISA LIBERI, et al,


Plaintiffs’ – Appellants’,
v.
ORLY TAITZ, et al,
Respondents’ – Appellees’.
_____________ Ο _____________

CERTIFICATE OF SERVICE
_____________________

I, Philip J. Berg, Esquire, hereby certify that Appellants’ Reply to Joan

Carr’s Response to this Court’s Order to Show Cause was served upon the

following this 17th day of February 2010 electronically upon the following:

Joan Carr
Court Reporter
United States District Court
for the Eastern District of Pennsylvania
601 Market Street
Philadelphia, PA 19106-1797

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Case: 09-3403 Document: 003110024549 Page: 9 Date Filed: 02/17/2010

CERTIFICATE OF SERVICE, Continued

Orly Taitz
Defend our Freedoms Foundation, Inc. (unrepresented)
26302 La Paz Ste 211
Mission Viejo, CA 92691
Email: dr_taitz@yahoo.com
And by Fax to (949) 766-7603

Neil Sankey
The Sankey Firm, Inc. a/k/a The Sankey Firm (unrepresented)
Sankey Investigations, Inc.
2470 Stearns Street #162
Simi Valley, CA 93063
Email: nsankey@thesankeyfirm.com

Linda Sue Belcher


201 Paris
Castroville, Texas 78009
Email: Newwomensparty@aol.com and
Email: starrbuzz@sbcglobal.net

Ed Hale
Caren Hale
Plains Radio
KPRN
Bar H Farms
1401 Bowie Street
Wellington, Texas 79095
Email: plains.radio@yahoo.com; barhfarms@gmail.com;
ed@barhfarnet; and ed@plainsradio.com

s/ Philip J. Berg
________________________
PHILIP J. BERG, ESQUIRE