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         1

         2                      IN THE COURT OF COMMON PLEAS

         3                FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

         4                          CIVIL TRIAL DIVISION

         5                               -   -   -

         6        ROBERT F WILLIAMS AND     : JANUARY, 1998
                  JUDY WILLIAMS, H/W         :
         7                                   :
                         VS                 :
         8                                   :
                  MICHAEL KNEAFSEY,          :
         9        AN INDIVIDUAL D/B/A        :
                  MICHAEL KNEAFSEY, GENERAL  :
        10        CONTRACTOR                 : NO 770

        11                              -    -    -

        12                              MAY 5, 1999

        13                              -    -    -

        14        BEFORE:  HONORABLE VICTOR J DI NUBILE, J
                                         AND A JURY
        15

        16        APPEARANCES:

        17
                               E ALFRED SMITH, ESQUIRE
        18                     CHRISTINE L SERBANIC, ESQUIRE
                               ATTORNEYS FOR PLAINTIFF
        19

        20                     TOUCH, RUZZI, MCKEE
                               BY:  J MARK PECCI, II, ESQUIRE
        21                     FOR THE DEFENDANT

        22

        23
                               GEORGE D'ANGELIS, RPR
        24                     OFFICIAL COURT REPORTER
 
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                                        I_N_D_E_X
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         3        WITNESSES:
                  __________
                                     DIRECT   CROSS   REDIRECT
         4
                  ANDREW VERZILLI     11        31      41
         5
                  ROGER FARBER        43        83     105
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        24
 
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         1

         2                           MORNING_SESSION
                                     _______ _______

         3

         4

         5                     (THE FOLLOWING TOOK PLACE IN OPEN COURT,

         6               ALL PARTIES PRESENT:)

         7                     (WHEREUPON, THE VIDEOTAPED DEPOSITION OF

         8               MICHAEL FAIRLEY WAS CONTINUED TO BE VIEWED BY

         9               THE JURY)

        10                     (THE FOLLOWING TOOK PLACE IN OPEN COURT,

        11               JURY NOT PRESENT:)

        12                           THE COURT:  LET ME TELL YOU WHAT

        13               IT'S ABOUT  IT'S ON MR FAIRLEY  AND YOU'VE

        14               GOT THE BLOWUP OF HIS REPORT  A QUESTION

        15               AROSE YESTERDAY ON THAT

        16                           MR SMITH:  YES, SIR  I AM

        17               PREPARED TO MAKE ARGUMENT ON THAT

        18                           THE COURT:  LET ME SAY THIS

        19               DURING THE VIDEOTAPE OF MR FAIRLEY YOU WANTED

        20               TO SHOW WHILE HE WAS TESTIFYING AS TO HIS

        21               REPORT  YOU OBJECTED, MR PECCI, AND I DID

        22               NOT PERMIT MR SMITH NOR MISS SERBANIC FROM

        23               SHOWING IT TO THE JURY  HOWEVER, IN THE

        24               VIDEOTAPE QUESTIONS WERE ASKED OF IT AND MR
 
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         1               FAIRLEY READ FROM IT  SO THAT'S CLEARLY IN

         2               THE RECORD  WHAT WAS YOUR OBJECTION?

         3                           MR PECCI:  YOUR HONOR, THE ONLY

         4               OBJECTION AT THIS POINT IN TIME IS UNLESS THE

         5               DOCUMENT AND THAT IS ITS ENTIRETY RATHER THAN

         6               PORTIONS THAT MR FAIRLEY WROTE ARE

         7               AUTHENTICATED BY THE AUTHOR I BELIEVE THAT AT

         8               THIS POINT IT'S STILL HEARSAY  AND THERE HAS

         9               NOT BEEN THE REQUISITE ESTABLISHMENT OF THE

        10               BUSINESS RECORDS EXCEPTION  I DON'T BELIEVE

        11               THAT'S ANYWHERE IN MR FAIRLEY'S VIDEOTAPE

        12               DEPOSITION TRANSCRIPT

        13                           THE COURT:  IS THERE ANYTHING IN

        14