Case: 09-3403 Document: 00319882502 Page: 1 Date Filed: 10/31/2009

U.S. District Court,

Eastern District of Pennsylvania Case Number: 09-cv-01898 ECR
Court of Appeals No. 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’ REQUEST FOR JUDICIAL NOTICE

_____________________

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

Please Take Notice that Appellants’, Lisa Liberi [hereinafter “Liberi”]; Philip J. Berg,

Esquire [hereinafter “Berg”], the Law Offices of Philip J. Berg; Evelyn Adams a/k/a Momma E

[hereinafter “Adams”]; Lisa Ostella [hereinafter “Ostella”]; and Go Excel Global by and through

their undersigned counsel, Philip J. Berg, Esquire, hereby submits this Request for Judicial

Notice of the Affidavit of Larry Sinclair filed in the United States District Court, Eastern District

of Pennsylvania, Case No. 09-cv-01898 ECR, Appellant’s (Plaintiffs’) Case herein.

Appellants’ request this Court to take Judicial Notice, pursuant to Federal Rules of

Evidence 201, of the Affidavit of Larry Sinclair attached hereto as EXHIBIT “1”.

Larry Sinclair’s Affidavit is imperative to the Appellants’ case herein as it shows further

libel and slander by Appellee Orly Taitz and the fact Orly Taitz has also filed falsified, altered

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and forged documents as genuine in Appellants’ (Plaintiffs’) case herein. Moreover, Appellants’

have pointed out documents which Appellee Orly Taitz, Appellee Neil Sankey and Appellee

Linda Sue Belcher have created; manipulated; and forged documents bearing Appellant’s Liberi

and Ostella’s names, while filing them with the Court as genuine, which further substantiates the

necessity of a Temporary Restraining Order and/or Injunction. Additionally, amongst other

things, Appellee Orly Taitz filed false police reports against Liberi and Ostella with several law

enforcement agencies; and Ms. Taitz requested Lisa Ostella to lie to the Federal Bureau of

Investigations to substantiate Ms. Taitz false police reports regarding hacking, which never

occurred. When Ms. Ostella denied Ms. Taitz request, Ms. Taitz began slandering, libeling and

threatening Ms. Ostella, her children and family. Again, this necessitates the need for an

emergency temporary restraining order and/or injunction. These are further criminal activities

against the Appellants’ and the Court.

“A judicially noticed fact must be one not subject to reasonable dispute in that it is either

(1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate

and ready determination by resort to sources whose accuracy cannot reasonably be questioned.”

Fed. R. Evid. §201(b); Easy Sportswear, Inc. v. Am. Econ. Ins. Co., 2008 U.S. Dist. LEXIS

51402 (D. Pa. 2008); Nationwide Life Ins. Co. v. Commonwealth Land Title Ins. Com., 2005 U.S.

Dist. LEXIS 24479 (E.D. Pa. 2005); In re NAHC, Inc. Sec Litig, 306 F.3d 1315 (3d Cir. 2002)

“[a] court shall take judicial notice if requested by a party and supplied with the necessary

information.” Fed. R. Evid. 201(d), Easy Sportswear, Inc., 2008 U.S. Dist. LEXIS 514002 (D.

Pa 2008) at *2.

It is firmly established that Requests for Judicial Notice are proper “only to the extent

that the noticed facts are relevant to an issue” that is before the Court. The attached Affidavit of

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Larry Sinclair is on file with the United States District Court, Eastern District of Pennsylvania,

Case No. 09-cv-01898 ECR, which Appellants’ are requesting Judicial Notice of, are of the type

that have previously been admitted by Judicial Notice in the Third Circuit. This includes

documents integral to or explicitly relied upon in the Plaintiffs’ Complaint and the reasons

Plaintiffs’ were forced to bring suit against the Appellees’. The Affidavit of Larry Sinclair,

which Appellants’ are requesting Judicial Notice of, are directly related to this within action and

are relevant to the issues herein. In re Ravisent Techs., Inc. Sec. Litig., 2004 U.S. Dist. LEXIS

132355 (D. Pa. 2004)

For the above aforementioned reasons, Appellants’ respectfully request this Court to take

Judicial Notice of the Affidavit of Larry Sinclair filed with the lower Court in Appellants’

(Plaintiffs’) Case,

Respectfully submitted,

Dated: October 31, 2009 ____________________________

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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EXHIBIT “1”
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Law Offices of:

PHILIP J. BERG, ESQUIRE
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531 Attorney for: Plaintiffs
Identification No. 09867
(610)825-3134

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LISA LIBERI, et al,

Plaintiffs, Assigned to Honorable Eduardo C. Robreno

vs.
Case No.: 09-cv-01898-ECR

ORLY TAITZ, et al,

Defendants.

AFFIDAVIT OF LAWRENCE W. SINCLAIR

I, Lawrence W. Sinclair am over the age of eighteen (18) and not a party to the within

action. I have personal knowledge of the facts herein and if called to do so, I could and would

competently testify under oath.

I declare as follows:

1. I received an email from Dr. Orly Taitz a Defendant in the within action, asking

me to testify on her behalf in a discovery hearing set for September 8, 2009 in the matter of

Captain Pamela Bennett, et al. v. Barack H. Obama, et al, U.S. District Court, Central

District of California, Southern Division, Case No. SACV 09-0082 DOC (ANx).

Affidavit of Lawrence W. Sinclair

 Case: 09-3403 Document: 00319882502 Page: 6 Date Filed: 10/31/2009

2. I agreed to testify on behalf of the Plaintiffs' in Dr. Taitz California case,

however, made it very clear that I would only testify to my statements and my Affidavit

provided to the Chicago Police Department concerning contacts between myself and Donald

Young. I was assured by Dr. Taitz that she was only seeking my testimony pertaining to

conversations I had with Donald Young.

3. I arrived in California on September 7, 2009 and met with Dr. Taitz at her dental

office located at 29839 Santa Margarita Parkway, Suite 100, Rancho Santa Margarita,

California. Also present was a woman introduced to me as Cynthia Davis and a young male

introduced to me as Lucas Smith.

4. Dr. Taitz left to go and pick up another individual and stated upon her return we

would go to her Law Office and discuss my testimony. Upon Dr. Taitz return, we walked

from Suite 100 to Dr. Taitz Law Offices in Suite 300 at the same address. Suite 300 was

identified as "The Law Offices of Orly Taitz". We sat at a black lacquer table wherein Dr.

Taitz began discussing with me what testimony she wanted me to give in her case.

5. Unfortunately, Dr. Taitz wanted me to give perjured testimony over events which

were not true and events I was not familiar with.

6. After this meeting, Dr. Taitz was driving me to the DoubleTree Hotel where I was

staying while in California. During the car ride, Dr. Taitz brought up Lisa Liberi. Dr. Taitz

stated to me "/ have transcripts from a police officer on a phone call between Lisa Liberi

and her husband from jail saying that Lisa was going to put the word out that her sister

was a rate (you know what they do to rats in jail) to have other inmates assault her sister"

Dr. Taitz continued stating "You know Lisa Liberi had her sister killed and had it look like

Affidavit of Lawrence W. Sinclair

 Case: 09-3403 Document: 00319882502 Page: 7 Date Filed: 10/31/2009

a suicide" "Everyone knows Lisa Llberl was behind the murder of her sister, even the

police but they just couldn 't prove it."

I. Unfortunately, Dr. Taitz did not stop with the above statements to me about Lisa

Liberi. Dr. Taitz went on further stating "My car had a hose that was tampered with that

could have caused an explosion and I know Lisa Llberl was the one who had a friend of

hers do It."

8. As a result of Dr. Taitz soliciting false and perjured testimony from me I refused

to testify on behalf of Dr. Taitz and I changed my return flight to leave on September 9,

2009.

9. Prior to Dr. Taitz statements about Lisa Liberi, I was aware that Lisa Liberi had a

sister who passed away from a self-inflicted accidental drug over-dose.

10. Once I returned home, I prepared an affidavit regarding Dr. Taitz request that I

testify untruthfully and I sent my affidavit to Judge Carter with the U.S. District Court,

Central District of California, Southern Division for filing in Dr. Taitz Case, see EXHIBIT

"A" attached hereto.

II. I emailed Lisa Liberi and informed her of the statements Dr. Taitz had made

about her. I also informed Mrs. Liberi about Dr. Taitz soliciting perjured testimony from me

in her (Dr. Taitz) California Case against President Obama and the fact that Dr. Taitz

admitted knowing the Kenyan Birth Certificates she filed in Court in her California case, as

genuine, claiming President Obama was born in Kenya, were fake and fraudulent.

Affidavit of Lawrence W. Sinclair

 Case: 09-3403 Document: 00319882502 Page: 8 Date Filed: 10/31/2009

I declare under the penalty of Perjury of the laws of the United States that the foregoing

is true and correct. Executed this /f£>*clay of September, 2009.

LAWRENCE W. SINCLAIR, Declarant

9 Spring Drive
Port Orange, Florida 32129
(386) 761-0606

State of Florida

County of Volusia

On this <2t)^~ day of September, in the year 2009, before me

Notary Public Name /
a notary public, personally appeared Lawrence W. Sinclair, and proved on the basis of

satisfactory evidence to be the person whose name is subscribed to this instrument, and

acknowledged he executed the same.

Witness my hand and official seal.

NOTARY PUBLIC
CAROL c
-
£ MY COMMISSION * DO91035*
EXPIRES July 23. 2013
(«07) 398-0153 Fto SEAL

My commission expires:

Affidavit of Lawrence W. Sinclair

 Case: 09-3403 Document: 00319882502 Page: 9 Date Filed: 10/31/2009

U.S. District Court,

Eastern District of Pennsylvania Case Number: 09-cv-01898 ECR
Court of Appeals No. 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’ Request for Judicial Notice was

served upon Appellee’s, this 31st day of October 2009 electronically and/or by first class mail

upon the following:

Orly Taitz
Defend our Freedoms Foundation, Inc. (unrepresented)
26302 La Paz Ste 211
Mission Viejo, CA 92691
Email: dr_taitz@yahoo.com

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
Case: 09-3403 Document: 00319882502 Page: 10 Date Filed: 10/31/2009

CERTIFICATE OF SERVICE, Continued

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

________________________
PHILIP J. BERG, ESQUIRE
Case: 09-3403 Document: 00319882503 Page: 1 Date Filed: 10/31/2009

EXHIBIT “A”
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