1


         1
                                IN THE COURT OF COMMON PLEAS
         2
                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
         3
                                    CIVIL TRIAL DIVISION
         4                               -   -   -

         5           DESIREE HARRIS             :  JUNE TERM, 2001
                                                :
         6                   VS                :

         7           POINT BREEZE PERFORMING    : NO 003130
                     ARTS CENTER                :
         8
                                         -   -   -
         9
                                      OCTOBER 16, 2002
        10                        COURTROOM 650, CITY HALL
                                 PHILADELPHIA, PENNSYLVANIA
        11
                                    DAVID FLEISHER, PE
        12                               -   -   -

        13
                     BEFORE:  HONORABLE SHELDON C JELIN AND A JURY
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        26

        27

        28
 
                                                                             2


         1
                     APPEARANCES:
         2

         3
                                  BY:  JEFFREY PENNEYS, ESQUIRE
         4                        COUNSEL FOR THE PLAINTIFF

         5

         6                        DRINKER, BIDDLE AND REATH
                                  BY:  TIMOTHY  J O'DRISCOLL, ESQUIRE
         7                        COUNSEL FOR POINT BREEZE PERFORMING
                                  ARTS CENTER
         8

         9

        10

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        19
                                  GEORGE D'ANGELIS, RPR
        20                        OFFICIAL COURT REPORTER
                                  COURT OF COMMON PLEAS
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        27

        28
 
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         1

         2
                                           INDEX
         3

         4           WITNESSES:

         5
                                          DIRECT  CROSS   REDIRECT
         6
                     DAVID FLEISHER        4       34       63
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        12

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        21

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        25

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        27

        28
 
                                                                             4


         1                        (THE WITNESS WAS EXCUSED)

         2                              THE COURT:  COUNSEL, YOU MAY

         3                  CALL YOUR NEXT WITNESS

         4                              MR PENNEYS:  YOUR HONOR, I'D

         5                  LIKE TO CALL DAVID FLEISHER

         6                              COURT CRIER:  PLACE YOUR RIGHT

         7                  HAND ON THE BIBLE  STATE YOUR FULL NAME

         8                              THE WITNESS:  DAVID H

         9                  FLEISHER, PROFESSIONAL CIVIL ENGINEER

        10                              COURT CRIER:  DO YOU SWEAR THAT

        11                  YOU WILL ANSWER TRUTHFULLY ALL QUESTIONS

        12                  PUT TO YOU TOUCHING THE MATTER NOW BEFORE

        13                  THIS COURT SO HELP YOU GOD?

        14                              THE WITNESS:   I DO

        15                              THE COURT:  PLEASE PROCEED

        16

        17

        18                                   -      -      -

        19

        20                                 DIRECT EXAMINATION

        21                                   -      -      -

        22           BY MR PENNEYS:

        23           Q     GOOD AFTERNOON

        24           A     GOOD AFTERNOON

        25           Q     WE'VE ALREADY HEARD YOUR NAME  WILL YOU

        26           PLEASE TELL THE JURY WHAT IS YOUR PROFESSION?

        27           A     I AM A CIVIL ENGINEER

        28           Q     WHAT DOES A CIVIL ENGINEER DO?
 
                                                                             5


         1           A     AS A CIVIL ENGINEER I SPECIALIZE IN THE

         2           EVALUATION OF SITES AS WELL AS STRUCTURES FOR

         3           CIVIL AND STRUCTURAL ENGI