IN THE COURT OF COMMON PLEAS

OF LUZERNE COUNTY

PENNSYLVANIA

SUNANCE VACATIONS, INC.,

Plaintiff,

CIVIL ACTION

ALBERT WHITEHEAD,
Defendant

NO. 8006

of

2012

TRANSCRIPT OF PROCEEDINGS

BEFORE:

The Honorable Fred W. Pierantoni, III, J. Courtroom No. 5 Luzerne County Court House 200 North River Street Wilkes-Barre, Pennsylvania 18711-1001

Commencing Friday, January 18th, 2012

APPEARANCES: DONNA WALSH, Esq. For The Plaintiff

MATTHEW J. CARMODY, Esq. For The Defendant

COPY

INDEX TO WITNESSES

PLAINTIFF'S WITNESSES

DIRECT
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CROSS

REDIRECT

RECROSS

Dennis Dean Cheng

John M. Downs

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John Dowd

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THE COURT: We have Plaintiffs petition,

emergency petition for contempt sanctions and for

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We sent a draft letter to Mr. Whitehead's counsel asking that he send that letter to Facebook

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order compelling compliance with October 23rd, 2012 amended order. Correct?

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asking them to take down the page and they have

blatantly refused to do that.

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MS. WALSH: Thafs right, Your Honor. THE COURT: Let me just have the introduction of counsel for the record. MS. WALSH: Donna Walsh for Sundance

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THE COURT: Was that the November 1st letter

attached to your petition?

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MS. WALSH: There were two letters, Your Honor, October 24th and November 1st. THE COURT: They were prepared by your office

Vacations, Your Honor.

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MR. CARMODY: Mat Carmody for the Defendant,

Albert Whitehead.

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and not sent as far as you know?

MS. WALSH: Correct, Your Honor.

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THE COURT: Attorney Walsh.

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THE COURT: You may continue.

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MS. WALSH: Your Honor, we moved for sanctions

as a result of Mr. Whitehead's wiiiflii failure to comply with Your Honor's October 23rd preliminary Injunction which barred him from in any way posting messages in any online forums relating to Sundance Vacations, and also compelled him to cooperate with
Sundance Vacations In removing a page on Facebook

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MS. WALSH; So that's the first area in which

there's been a violation of Your Honor's order. In addition to that, Judge, Mr. Whitehead has refused

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to take any action to remove posts that he made on

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other Internet sites. For example, we've confirmed

that he's posted on three blog spots using false names. We've confirmed that through discovery and Mr. Whitehead refuses to remove those posts. But the real kicker, Your Honor, is we've

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called Boycott Sundance Vacations.

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By way of background. Judge, there was an employment discrimination case that began in 2004
that resulted in a settlement agreement in February of 2007. Pursuant to that agreement Mr. Whitehead promised he would never again post In any fashion

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learned through discovery that Mr. Whitehead, after

Your Honor ordered him to stop posting, he began another false name. He began to administer the

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same Boycott Sundance Vacations page using the

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in any forum any messages in any way referencing

Sundance Vacations.

false name Mary Smith. He did that from October

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17th, 2012 continuing thereafter. We have witnesses here today that I would like
to present that will verify and confirm that Mr.

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We filed this lawsuit in April of 2012 contending that he breached his obligations by administering a page on Facebook called Boycott

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Whitehead is, in feet, Mary Smith; that he administered the Facebook page Boycott Sundance Vacations after October 23rd, and that he continued
to post messages on that page after that date in

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Sundance Vacation, and we also brought a claim for

tortious interference. Through the course of

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discovery we were able to confirm that Mr. Whitehead had administered the page using the false name John Flannagan, and that prompted us to move
for a preliminary Injunction before Your Honor, and

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willful violation of the Court's order. So we have

three witnesses, Your Honor, we would like to present testimony from concerning these matters. THE COURT: Mr. Carmody.

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Your Honor entered, with the consent of Mr. Whitehead, the injunction on October 23rd again preventing him from posting -- prohibiting him from
posting in any online forum and also requiring him
to cooperate with us in removing the Boycott

MR. CARMODY; Thank you. Your Honor. Just to

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try to address each issue that Plaintiffs counsel

addressed. She mentioned In paragraph seven of her
motion there were three blogs that they found after

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Sundance Vacations page that he actively administered under the false name John Flannagan.
Subsequent to that date, Your Honor, we discovered three things. First, Mr. Whitehead refuses and continues to refuse to cooperate with Sundance in removing the page. Your Honor clearly

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the Court's order. These are the printouts of those blogs. As you could see, those blogs are March of '09, August of '09, and March of 2010, two

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years after your October 2012 order. Those blogs

on the last page will show that they were drafted or written by Dolores, who's been proven through
discovery -

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directed him on October 23rd that he is required to cooperate with Sundance to get the page down and he
has refused.

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THE COURT; Your position is these were

before?

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MR. CARMODY: Correct. And those were by Dolores who, discovery has shown, has been a display name that my client has used In the past.

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create it and therefore he doesn't have the right

or the authority to tell Facebook you got to take

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this down. Frankly, he would have been out of line. THE COURT: Out of an abundance of caution,

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Exhibit F of Plaintiff's motion shows that Dolores was a display name for JohnF712@hotmail.com, and
for trubbiinparadise@aol.coni. And if you look at

couldn't a letter have been sent? MR. CARMODY:

what you would like.

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Exhibit E of the motion, both lnjbbllnparadise@aol.com and JohnF@hotmail.com have

both been deleted.
I'm not sure if Your Honor is aware, but if

We could send a letter if that's

THE COURT:

I think If you sent a letter, even

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If It had no effect, at least you would have

complied more thoroughly with the order.
MR. CARMODY: Correct.

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you create an email account, go on the Internet and

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put a blog on the Internet, and subsequent to that you delete that email address, you can't go back and remove something from cyberspace. It's there
permanently. So my client has no ability to go

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THE COURT:

Continue.
Third, the Plaintiff presents

MR. CARMODY:

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Exhibits G, H and I, and she claims that - the Plaintiff claims that these exhibits identify my client, the Defendant, as the current administrator of the Facebook page.

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back to a blog from 2009 and 2010 and remove them

at this time.

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The next issue that Plaintiff's counsel has is

with the Boycott page. As Your Honor is aware, we

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If you take a look at these exhibits they

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submitted an affidavit from our client saying that

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don't say any of that. They identify a user name

and they identify Facebook records, but they don't
show what pages this person was on. It doesn't show ~ it doesn't say he was an administrator or

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he was not the creator of that page, and because he is not the creator of that page, he doesn't have

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the authority or the ability to take that down.

THE COURT: Did you ever correspond with
Facebook?

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not an administrator. It says nothing. It just shows that this was a Facebook name and he was

MR. CARMODY: No.

I felt it was inappropriate

logged in on Facebook. It doesn't say what pages

for Plaintiffs counsel to send me a pre-drafted

he was logged in on, and most importantly,

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letter for me to sign and for me to send to

Facebook. I didn't think It was ethical on my part to submit a letter that I knew not to be true

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Plaintiff alleges in their motion that there were

defamatory statements made, yet there is not one

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defamatory statement made in any of the exhibits

that they attached.

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factually, based upon my client's representations, for me to send a letter to Facebook stating facts or allegations that I knew not to be true and based upon my client's representations I knew not to be
true. Nothing in your court order ~ THE COURT: Part of the order from October

Based on that, Your Honor, the motion lacks

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any evidence and, therefore, Plaintiff didn't meet

their burden to sustain a motion for sanctions.

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THE COURT: You are prepared to offer

testimony today?

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23rd contains an entry that your client would cooperate with Sundance in directing Facebook to remove the Boycott Sundance Vacations page. Did
you undertake any attempt to contact Facebook by
your own letter?

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MS. WALSH: Yes, Your Honor.

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THE COURT: I could understand Mr. Canmody's concern about sending a letter to Facebook that may

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be composed by your office, but if such a letter

was forwarded to Facebook, would that solve the
problem in any way for you?

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MR. CARMODY: No. Respectfully, Your Honor,

we disagreed with that portion of your order.
THE COURT: You may disagree with it, but it's

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MS. WALSH: It would go toward solving the

problem, Judge, but the real problem here is that
Mr. Whitehead, once he's caught using one name, he Just changes his name. We caught him as John
Flannagan so he became Mary Smith.

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an order. What harm would there have been to send

a letter?

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MR. CARMODY: The response to your order was

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to get a sworn affidavit from our client saying that, Your Honor, I understand you made this part
of your order, but the fact is that he didn't

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THE COURT:

Do you have any belief that he

could direct Facebook to take any page down?

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MS. WALSH: I do, Your Honor, and we have

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proof here today that we'll establish that ~ THE COURT:

Carmody?

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University. Training there Included data management

analysis, computer networking, and advanced mathematics

Did you discuss that with Mr.

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We have discussed, not In great

Q.

Can you tell the Court, please, about your

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MR. CARMODY:

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work experience In the area of Information technology.

detail, but we have discusses It.

networking, and computer forensics?

THE COURT:

I will give everybody a 20-mlnute

If there still

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A.

Since about 1995 I've been employed In various

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recess to discuss your differences.

positions that Indude the management, upkeep, development

of computer Infrastructure. I have served as advisor to

Is an Issue we'll come back and we'll take

testimony.

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numerous Internet operations. I have served as HIPAA

MS. WALSH: Thank you. Your Honor.

[Whereupon, after recess:]

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security officer for medical operations, and I have

performed forensic analysis for legal cases.

THE COURT:

I appreciate counsel's discussion

Q.

Do you have any spedalized training In

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of the matter before coming back.

MR. CARMODY: Your Honor, I spoke with my

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computer technology?

A.

I have attended numerous courses hosted by

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dient. In regards to your suggestion about

Access Data Corporation that makes forensic tools.

submitting the letter to Face book and requesting them to take the page down, he Is In agreement that

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Q.

Your r^sum^ Identifies you as a security

officer, that you served as security officer for a period of

time in the go's at Clinical Laboratories. Can you describe

he would do that. I have exchanged that message

with counsel.

that for the Court, please.

THE COURT:

Let's start with that point. You

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A.

Part of that included the protection of health

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will send a letter on behalf of your client, your

information, data protection, and incident response and

Investigation.

dlent will correspond with Facebook to undertake

whatever he can. Understood? We'll have that done
within five days.

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Q.

Did you have an opportunity to work with law

enforcement?

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MR. CARMODY:

Okay.

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A.

We have. As part of the HIPAA security

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THE COURT:

Attorney Walsh.

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officer, as well as internal employee investigations, we

worked with law enforcement.

MS. WALSH: Your Honor, we would call Dennis

Cheng. Your Honor, If I could hand up a copy of
our exhibits. THE COURT: Proceed.

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Q.

Now you are the founder and you work at Two By

Two Solutions, correct?

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A.
Q. A.

Correct.
What is the business of Two By Two Solutions? Two By Two Solutions provides consulting

.....

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DENNIS DEAN CHENG, called as a witness on

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behalf of the Plaintiff, having been duly sworn,

was examined and testified as follows:

services for legal firms.

Q.

How long have you worked in the field of

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BY MS. WALSH;
DIRECT EXAMINATION

information technology working In computer forensks?

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A.

Full-time since 1995. MS. WALSH: Your Honor, I'd offer Dennis Cheng

as an expert in the area of information technology. infrastructure and networking, as well as computer
forensics.

Q.

Dennis, can you turn, please, to what's been

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marked Exhibit R In the binder before you.

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A. Q.

Sure. Can you tell us, please, whether that is a

THE COURT; Any voir dire, Mr. Carmody?

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VOIR DIRE EXAMINATION

true and correct copy of your curriculum vltae?

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A.
Q.

It is.
Can you tell the Court about your educational

BY MR. CftRMPPY?
Q. Mr. Cheng, we're here today -- a large basis
of the daims here today are dealing with the Facebook

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background, please.

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A.

The relevant parts of my educational

background, I attended the University of Michigan Ann Arbor

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website. What's your experience with Facebook In terms of

IT?

for my undergraduate studying, among other things, computer science and advanced mathematics. Graduated Johns Hopkins

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A.

I am familiar with Facebook's operation. Any

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claims that we will be talking about here today I've tested.

As you know, Facebook Is a public company, secretive. Even
within Facebook somebody can't say this is exactly how it

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Q.

Can a person have more than one persona on

Facebook, or more than one name on Facebook?

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A.

In practice, yes.

behaves because of something called A. B. Testing, which I'm

happy to explain.

Q.
A.

How does that work?

Ifs as simple as filling out another

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We'll recognize you as an expert,

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MR. CARMODY: I have no objection to him as an

expert

enrollment to create another account^ although it's expressly forbidden in the Terms of Use.

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THE COURT: sir. Proceed.

Q.
A.

But ifs possible to do it?

Very possible.

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PY MSi WfttiSH'
Q. Dennis, have you had an opportunity to examine
a page on Facebook called Boycott Sundance Vacations?

Q.

Were you able to reach any conclusions as to

the location of the person using the name marysmith4158?

A.

Yes, all accesses from that user account

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A.
Q. A.

I have.
What Is that, please. It is a Facebook page apparently devoted to

originated from the same IP address. I performed analysis

on that IP address and it was registered to Verizon as a
consumer DSL.

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discussions of Sundance Vacations, and specifically devoted

to stopping business with the organization.

Q.
a little bit.

Dennis, I'm going to ask you to slow this down

Q. A.

Is that a page that's open to the public? It is.

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A.

It was located In the metropolitan

Philadelphia area.

Q.
A.

Ifs viewable by members of the public?

It is.

Q.

Thank you. Can you show us, please, where in

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the Facebook records you see an IP address associated with

marysmith4158@hotmaii,com.

Q.

I'm going to ask you to turn to Exhibit H In

the binder In front of you. As the certificate suggests. these are records that were produced to Sundance Vacations

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though.

A.

Ifs in Exhibit H. There's no page numbers.

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by Facebook in response to our subpoena for information

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Q.

In Exhibit H, about half of the way through

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identifying the administrators of the Boycott page, and the

response identifies five different administrators for the

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there's a reference to marysmith4158@hotmail.com.

MS. WALSH: Your Honor, the exhibits are

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page, and the names would be Fran Wilson, Mary Smith,

marYsmithl2079 and marysmith4158, Nancy Vosicka, and Mark
Adomo.

printed in the binder that was handed up.

THE COURT: Thank you.
BY MS. WALSH;

Before we get into those details, can you teO

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Q.

So Is the IP address Information for all of

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us, what are administrators of a Facebook page?

the marysmith4158 logins the same.

A.

A Facebook page Is a site on Facebook devoted

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A. Q.

Yes. What research did you do to Identify the

to a cause, a business or a group. Because of that there

are individuals or user accounts that are assigned as
administrators. So an administrator has elevated privileges

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person or persons associated with that IP address?

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A.

We had, as I said, we have identified It as a

on that page so that they can post, delete, manage, and otherwise manipulate the operations of the page.
Q.
the page?

Verizon IP address. We happen to have a subpoena response

from Verizon, and cross-referring that IP address it was Indeed the IP address of Albert Whitehead.

Are administrators basically the managers of

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Q.
A.

Tell the Court what an IP address is.

An IP address is computer terminology that is

A.
Q,

Yes, they are.

In this case there are five administrators.

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used In networking that essentially operates much like a

phone number where a public computer endpoint has this

Is this common with Facebook that more than one person can
serve as an administrator?

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address, so that it is used to broker communications.

A.
Q.

There's nothing preventing that.

Do administrators have the ability to post

Q.

Are IP addresses unique to the user, or can

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many different users share the same IP address.

messages on a Facebook page?

A.
location.

The IP address is usually restricted to one

A.

They have the ability to post both as

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themselves and as the page itself. They can use either

identity.

Q.
A.

Who assigns IP addresses?

In the case of something like home DSL or

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residential services. It's done by the ISP, or in this case

Verizon.

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A. Q.
account?

It is. When did marysmith4158 register for a Facebook

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Q.

So you've traced this IP address in the Mary

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Smith records to Verizon?

A,

It was listed In the Facebook exhibit. First

A.

Correct.

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use or registration?

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Q. You mentioned DSL or home account, is that a

common Internet service that's provided to individuals?

Q.

When did she register for a Facebook account?

A.

Thafs at the end of the records. Looks like

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A.

Most civilians or most regular people have

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August 13th, 2012.

residential service, so either by cable modem or DSL

Q. If 1 have Internet access In my home, there

Q,

Help us put into context this individual using

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the name Mary Smith, when this individual logged on to the

Facebook account. We had a preliminary injunction ~ a

would be an IP address associated with my address?

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A. Q.

Correct. Did you reach any conclusion as to the IP

hearing, I should say, on this case on October 19th. When

did the person using the name marysmith4158 first logon to

Facebook?

address that the person claiming to be Mary Smith used to logon to Facebook?

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A.
16th, 2012.

The first logon indicated here is November

A.

Yes, that IP address was, as I said, the one

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that was allocated to Albert Whitehead. Q. Can you identify for the record the number of

Q.
last logon.

I'm sorry, is that the first logon? Not the

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that IP address?

A.

I apologize, this Is sort of in reverse order.

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A.
Q.

It Is 72.78.191.60.
I'm going to ask you to turn to Exhibit I in

It should be, and It Is, October 17th, 2012. My apologies. Q. So the first logon for Mary Smith is October

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the records before you.

17, 2012. What page are you referring to?

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MR. CARMODY; I'm sorry, the IP address you

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A.

Marysmith4158 there is a section mid page it

stated, what number was that?

THE WITNESS: 72.78.191.60.

says logout. It's the entry right above that.

Q. Is that the first login for marysmlth4158?

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MS. WALSH: For clarification. Your Honor,

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A. Q.

It appears to be, yes. During what period of time do these records

there are two Mary Smiths associated, and it's the

marysmith4158@hotmaii.com that's associated with

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show that marvsmith4158 was logging on to Facebook?

this IP address. THE COURT: Is that correct, sir?

THE WITNESS; Yes.

A.

According to these records from October 17th,

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2012 through November 16th, 2012. I noted that the records

were generated on the 16th of November, so ifs not to say
that it stopped at that point.

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THE COURT:
BY MS. WALSH!

Continue.

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THE COURT: It stopped on that date? THE WITNESS: The records were generated obviously they couldn't go into the future, so it was current as of generation. THE COURT: Was there any check to see if
they're current today?

Q. Turn please to Exhibit I. MS. WALSH: I will represent to the Court these are records that were subpoenaed from Verizon with regard to IP addresses associated with Mr.
Whitehead's residence.

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MS. WALSH: That's in process, Your Honor.

THE COURT: So be It.

Q.

Dennis, tell the Court, please, what is the

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last known IP address associated with Mr. Whitehead

according to these records?

MS. WALSH: Facebook is In California and as

Your Honor

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A.

The last known IP address as of the Verizon

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THE COURT:

Go ahead.

letter was 72.78.191.60.

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Q.

Can you tell us, please, what page of the

Q.

Dennis, what on these records tells us that

exhibit you're referring to?

the records are printed only through 11/16/2012?

A.

It Is, I believe, the last page of the exhibit

A.

At the head of each target page there is a

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and there's a table for Albert Whitehead.

Q. Is that the same IP address associated with

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field called date range, and in this report it Indicates

creation, so account creation to November 16th, 2012.

marysmlth4158 In the Facebook records?

Q.

Did you do an investigation to determine

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whether marysm(th4158 posted messages on the Boycott page during this period of time from October 17, 2012 to November
16, 2012.

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we'll go through specifically some of the examples?

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A.

Okay. Any one of these communications or

messages that were identified as coming from the

A.

Yes, I did.

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administrator, they're time-stamped. So we compared the

time stamp of that message to the windows of time between a

Q. A.

And what did you conclude? I concluded that there were a number of times

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login and logout event, and eliminating periods of dme where there were multiple parties logged In concurrently, we

that we could prove marysmlth4158 did Indeed post to the

Boycott Sundance Vacation page.

could Identify periods of time where only Mr. Whitehead was logged on.

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Q. There were other administrators. Were you

able to rule out that the other administrators posted In

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Q.

Can you tell us, please, what Exhibit N

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lieu of or Instead of Mary Smith?

represents, N as In Nancy?

A. Q.

I did. How could you determine that she was the

A.
response.

N Is summary data inputted from the Facebook

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exclusive poster of messages during this period?

Q.

Does this show the particular administrator's

A.

We have comprehensive login and logout times

login and logout Information?

for all the other users and so we could Identify windows of

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A,

It does.

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time where marysmith4158 was the only user with

administrator privileges logged In to Facebuok.

Q.

Have you done anything to make this

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presentation consistent with local time as opposed to UTC

time?

Q.

Let's go through some of those records. First

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of all, I ask If you can Identify for the record what we

have marfced as Exhibit M? A, These appear to be screen shots of posts to

A,

Yes, I directed and supervised the conversion

of UTC timestamps to eastern localized time.

Q.
conversion?

Why did you do that? Why did you make that

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the Boycott Sundance Vacations page.

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Q.

During what period of time?

A.

Because the screen shots from Facebook are

A.

This one, it appears to be November 5th, 2012.

displayed in eastern time, so just for the sake of simple

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Q.

Did you do an investigation to analyze the IP

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comparison and not having to know daylight savings rules, we

performed that conversion.

data received from Facebook with respect to the

administrator appearing on these pages?

Q.
correct?

So you're trying to compare apples to apples,

A.
Q.

I did.
First, can you tell the Court how you can

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A.

Correct.

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Identify a message that was posted by the administrator as

opposed to a user of the site?

Q.

Let's go back to Exhibit M and let's go

through some of these examples. There's a post on the

bottom of the page from the Boycott Sundance Vacations
administrator dated November 9th, 2012 at 4:43 p.m. Do you

A.

The messages are the - the comments In this

8
9 10 11 12

9 10 11
12 13 14 15
16 17

case are identified with the name Boycott Sundance Vacations

and happens to have the logo of the - I dont know what you
call that, the red cross through Sundance Vacations.
Q. Looks like it's the Sundance Vacations name

see that on the first page of Exhibit M? A.

Q,

I do.
What can you tell us about the Identity of the

with a cross through it? A. Q. Uh-hum. Is that the sign that this post Is from an

13
14
15

administrators who were logged on on November 9, 2012 at

4:43 p.m.

A.

I referenced the last page of the Facebook

administrator as opposed to a user?

16
17
18

logs and, this is sorted by date and time, identified a window of time from November 9th at 1:34 p.m. -- I'm sorry.

A.

Yes, It is.

18

Q. You were telling us about the investigative work that you did to determine whether any particular administrator post was made by marysmith4158 or one of the

November 9th at 4:21 p.m. until 9:41 p.m. where

marysmlth4158 was logged in. I then compared other administrators and see that the latest time In proximity to that was 4:33. So any time after 4:33 until some period after the 9th the only administrator logged in was marysmlth4158.

19
20

19 20 21 22
23
24

21
22

other administrators. I wonder If you could walk us through what you did to make that determination?
A. Okay. Should we speak to a specific post

23
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here, maybe the November 9th one?

Q. Tell the Court generally what you did and then

Q. On November 9th at 4:43 p.m. the only

administrator logged on was marysmlth4158?

25

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1 2 3
4 5 6

A.

Correct.

1 2

A.

We ran tests and It Indicated that any single

Q. Let's go to the third page in Exhibit M.

There Is a reference there to a post made by the Boycott

administrator had rights to take down the page with Immediate effect.

3
4 5 6 7 8 9 10

Sundance Vacations administrator on October 30, 2012 at 7:51

a.m. Did you do any Investigation to determine whether one

Q. Can you describe for the Court, please, the

process by which an administrator can remove a Facebook page?

or more than one administrator for the Boycott page was logged In on that date at that time?

7
8

A.

Ifs fairly simple. There are either one or

A.

Yes, I did. It Identified marysmlth4158 as

two steps. The first step is to remove other administrators

the sole login at that time.

from the page, and then under one of the settings pages for
the page there Is a quick link to delete the page, Ifs a one dick deal and two confirmations.

10 11 12
13 14

Q.
In Exhibit N?

Is that also apparent from the charts that are

11 Yes, I believe so.

12 13
14

A.

Q. I ask you please to turn to Exhibit K and I

will ask you to Identify Exhibit K for the Court, please.

Q. Can you explain that? A. Forgive me, this Is difficult to parse. There

A.

Yes, this Is the page settings page that I

15 16 17
18

Is a login event for marysmlth4158 on October 28th, and It

15 16 17 18 19 20
21 22 23
24

awkwardly described previously.

stays logged In -- thafs the login for marysmlth4158.

Q. Is that the page that the administrator would

go to In order to complete the process of removing a

During that time unti the 30th there was one Mark Adomo
logged out on the 29th, but then we have the post on the

Facebook page?

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22 23
24

30th at 7:51 a.m., so by the process of elimination again,

A.

Correct. At the bottom of the page there's a

It was the only person that was logged on at that time.

Q. So there was no other administrator logged on

bottom that says, save changes, and Immediately before that there Is a section that says, delete page. One just has to dick the link and then confirm the choice. MS. WALSH: I will represent to the Court the information blacked out is the personal Information of the Facebook user that formed the basis for

on October 30 at 7:51 a.m. other than marysmith4158? A. Q. Correct. Lefs go through one last example for October

25

19, 2012, which Is the date that we were here In court on

25

27

29

1
2 3 4

the preliminary injunction hearing. I ask you, Dennis, to

printing this page.

turn to the 19th page, which I apologize, the pages are not appropriately numbered, but the 19th page of Exhibit M. I

2
3
4

BY MS. WAkSH:
Q. How long would It take an administrator to

ask If you can see a post there dated October 19, 2012 at
9:53 a.m. on the bottom of the page?
Yes, I do.

remove a Facebook page?

5
6 7 8

5 6 7 8 9 10 11 12 13
14 15

A.

Being generous with mouse skills and time, I

would say less than a minute.

Q.

Is that a post that was made by the Boycott

Q.

What Information or resources would a user

Sundance Vacations administrator?

need to have to delete a page?

9 10 11
12 13 14 15 16 17
18

A. Q.

It was. Did you do an investigation to determine

A.
Q.

A computer and a working login.

Mr. Whitehead daims in papers filed in this

whether one or more than one of the administrators was logged on to Facebook on that date at that time? A. My determination was that only marysmlth4158

court that only creators can delete a Facebook page; is that

accurate?

A. Q.

That is not accurate. Did you also perform an investigation to

was logged In at that time.

Q.

We've gone through some examples. Are there

determine whether Mr. Whitehead posted messages on other

other examples that would show us that marysmith4158, which is associated with Mr. Whitehead, was the only administrator
logged on making posts during the period covered by the
Facebook records?

16
17

Internet sites that made reference to Sundance Vacations,

that Is aside from the Boycott page?

18 19 20 21
22

A. Q.
A.

I did. What did you condude?

I conduded that there are a number of Wog

19 20 21 22 23
24

A.
Q.

I'm sure of it.

Who has the ability to remove a Facebook page?

spot sites that are actively referenced by the Boycott

Sundance Vacations Facebook page that are, like I said. actively referred to. I think there are three of them.

A.
Q.

An administrator of that page.

Is it sufficient for one administrator to take

23
24

down the page, or do all of the administrators need to join

together to do that?

Q.

Can you Identify for the Court, please, what

25

25

we have marked as Exhibits P, Q and R in the binder before

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1 2 3 4 5

you?

Q. You concluded that independently based on your

investigation, connect?

A,

P Is a printout of one of these pages, I

believe the title of It Is the Sundance Vacations Sweepstakes versus Do Not Call.

3
4
5

A.

Correct.

Q. I ask you to turn briefly to Exhibit E of the

binder In front of you, and I represent to the Court that
Exhibit E Is the response that we received from AOL to the

Q. Can you tell us what Exhibit Q Is?

A. Q Is another one of these blog spot pages

6 7

6 7 8 9

titled Sundance Vacation Manipulations.

subpoena that was served seeking screen name and account

information for Albert Whitehead. Dennis, can you turn please to page six of

8
9

Q. And R?

A.

R Is ~

10 11
12 13 14
15 16

Q. I apologize, Exhibit 0?
A. 0 is Sundance Vacations Complaints and

10 11
12

Exhibit E and tell us what are the screen names that appear
on Exhibit 6?

Cancellation Procedures blog spot page.

A.

Would you like me to read them all?

Q. Are Exhibits 0, P and Q reflective of online

posts made by Mr. Whitehead?

13
14 15

Q.

Lefs see If we can cut through this. What is

an AOL screen name and how Is It used?

A. Q.

Yes. After my analysis, yes. Can you tell the Court briefly what you did In

A.

In AOL there is a master account and from that

16
17 18

one can create multiple identities. The proper use of It Is

17 18 19 20 21
22

terms of your analysis to Identify Mr. Whitehead as the

author of these biogs?

sort of a family might want to get an email address for the

wife and the kids. In this instance one can make numerous Identities that would have capabilities of both sending and receiving email and communicating via Instant Messenger,

A.

All three biogs have their publicly facing

19
20
21 22 23 24

identification, or the person who's responsible for this are

false names. I believe there's a Google response somewhere

among other things.

in here that identifies the true owner of these biogs. Q. A, I ask you please to turn to Exhibit F? Yes. MS. WALSH; I will represent to the Court that

Q.

Would a person with an AOL account, would

23 24

their AOL email address include their chosen screen name?

A.

They could send and receive email. For

25

25

example this Deserie account, Deserie@aol,com would be a

31

33

1
2 3
4

this Is a response that we received from Google In

response to a subpoena that was served for records Identifying the author of three biogs. Including
SundancevacatlonsCCP, Nasklewlcz2.blog.spot, and
Sundancevacatfonsmanlpulatlon.

1
2

valid email address.

Q.

The screen names associated with Mr. Whitehead

3
4

include the term Beware Sundance and Sundance Vac. Do you see that?

5
6

5 6

A.

I do, yes.

Q. What does that mean? Does that mean that Mr.

Whitehead Is sending and receiving emails using the account

Q.

What do these records tell you about the email

7 8 9 10

8 9
10

address associated with the Individual who posted on the

bewaresundance@aol.com and sundancevac@aol.com?

three biogs that 1 mentioned. MR. CARMODY: Your Honor, we already

essentially admitted this morning that my client

A.
Q.

Very well could have, yes,

Does he also have the ability to communicate

11
12 13 14 15

11
12

online through Instant messaging using these screens name?

did author these three biogs back In 2009 and

2010 --

A. Q.

Yes. Or did. Do the AOL records show the IP address

13
Prior to the order. So noted. I
Move on to another area.

THE COURT:
have them here.

14 15

associated with Mr. Whitehead.

A.
yes.

There are a number of IP addresses listed but.

16
17 18

MS. WALSH: Thank you. Your Honor. WLMS. WAUSH=

16
17 18

Q.

Do you see an IP address in these that you've

Q.

For the record, please, can you tell the Court

seen before In the Facebook records or the Verizon records?

19 20
21

the email address thafs associated with these biogs?

19 20 21
22

A. Q.

I have. What is that?

A.

Ifs a misspelling but in English translation

it's tnjbbilnparadlse@aol.com.

A.
Q.

Our familiar 72.78.191.60.

During what period of time, did Mr. Whitehead

22

Q.

Thafs a service associated with Mr.

23
24

Whitehead, correct, pursuant to the stipulation we've Just

heard?

23
24

use that IP address?

A.

As late as November 5th, I believe, and as

25

A.

Yes.

25

early as it has to be August of 2012.

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6

Q. Just so the record Is dear, the dates of use

would be apparent from the IP session logs that are Induded
in Exhibit E, correct?

1
2

A.

Yes.

Q.
A.

What Is that opinion?

My opinion Is that he has Indeed posted on

3
4 S

A.

Numerous ones, yes.

other sites other than Facebook.

Q. There's been an allegation that once an

Individual makes a post on a blog that that cant be
removed; is that accurate?

Q.
A.

Do those posts remain viewable by the public?

They do.

6 7

7 8

Q.
those posts?

Does Mr. Whitehead have the ability to remove

A.

No, that's not accurate.

8
9

9 10
11
12

Q. Can you tell us what an individual would need

to do In order to take down a post he or she made in a post such as this?

A.

I believe he does.

10 11

Q.

Do you give these opinions within a reasonable

degree with professional certainty?

A.

We are spedficaliy speaking to blog spot.

12 13 14
15 16

A.

I do.
MS. WALSH: No further questions.

13 14
15
16

Although the email address might no longer be valid, the

account Is separate and exduslve of the email address. So

If the credentials for that account are still available, one

THE COURT: Thank you. Cross. MR. CARMODY: Your Honor, without my dlent

could login and destroy the post. Alternatively, if the

having a similar expert to review documents that we

17

account credentials are no longer available, one could

request the host of the blog to take It down providing adequate proof of ownership.

17 18 19 20
21 22

received last month, and additional documents that we received today, I don't believe I would have any appropriate cross-examination questions for Mr.
Cheng, and with that -- so I have no

18 19
20

Q. In your experience, does it usually work to

ask a blog to be taken down?

21
22

cross-examination. I would ask If Plaintiff's

counsel - are you going to submit additional
witnesses?

A.

I've seen It done, yes.

23 24
25

Q. The blog spots that we have identified, which

are Exhibits 0, P and Q, are those visible on the Internet
today?

23

24
25

MS. WALSH: Yes. Two very brief witnesses.

Your Honor.

35

37

1
2 3
4 5

A.
Q.

They are.
Viewable by the public?

1
2 3

THE COURT:

Let me ask you. You believe that

an Individual can have a page or post removed.

THE WITNESS: Yes.

A.
Q.

They are.
Do you have an opinion as to whether Mr.

4
5

THE COURT: Other than the administrator? THE WITNESS:

blog spots, yes.

Whitehead administered the Boycott page on Facebook under

Speclflcally speaking to the

6 7
8

the page marysmlth4158 after October 23, 20X2?

A. Q. I do. What is your opinion?

6 7
8 9

THE COURT: How would that be done? What

would an individual have to do? THE WITNESS: They have a login and password,

9 10 11
12

A.

My opinion Is that Albert Whitehead did

administer the Boycott Sundance Vacations page under the

marysmlth4158 alias.

10 11
12 13

and If they still have that login and password they could login and destroy the page. Lefs Just say that that Information is no longer available. I

Q.
this period?

Did he also post messages on Facebook during

13
14 15

believe that the individual or the Court could

request, with proper documentation, the takedown of
those pages.

A.
Q.

Yes.
Do those posts remain viewable by the public?

14
15

16
17 18

A.
Q,

They do.
Do you have an opinion as to whether Mr.

16
17 18 19

THE COURT:

Anyone want to follow up? Call

your next witness. Anyone plan to recall this

witness?

Whitehead has the ability to remove the Boycott Sundance

Vacations page?

19

MS. WALSH: THE COURT:

Not at the present time. Sir, you are free to stay or

20
21
22

A.
Q. A.

I do.
What Is your opinion? My opinion Is that he does have that ability.

20
21
22

leave, whatever your schedule dictates.

MS. WALSH; We call Joe Downs.

23
24

Q.

Do you have an opinion as to whether Mr.

23
24

Whitehead authored messages on other Internet sites that are

disparaging of Sundance Vacations?

2BSEPH M. POWNS, called as a witness on behalf

of the Plaintiff, having been duly sworn, was

25

25

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examined and testified as follows:

-

1
2

her sister when she was 16 years of age and she had a daughter by Mr. Whitehead.

DIRECT EXAMINATION

3
4

Q. Did you do anything to investigate the

Identity of the other Individuals associated with the
Facebook page, and I will go through them one by one. Mark Adomo. Were you able to, through your investigative
efforts, locate an individual named Mark Adomo who Is

BY MS. WALSH:
Q. Can you please state your full name for the
record.

5
6 7

6
7 8 9
10

A.

Joseph M. Downs, D-o-w-n-s.

8 9
10

affiliated with the Facebook page?

Q.
A.

What Is your occupation, sir?

1 am a licensed private detective in the State

A.

Yes, ma'am, I was.

Q. Were you able to confirm that Mark Adomo Is

the administrator, is the poster, or did your investigation

11
12

of Pennsylvania.

11
12 13 14

Q.

Can you describe your work background, please.

prove fruitless in that regard?

13 14 15

A.

Yes. 1 spent almost 25 years with the Federal

A.

I learned that Mark Adomo is actually Mark

Bureau of Investigation. Prior to that I spent 14 years in

Martin who resides at 76 Village Drive in Shanksvilie,

the Philadelphia police department serving as a highway

patrol officer, detective for the District Attorney, and
also a street sergeant.

IS

Pennsylvania, and that his wife is Ruth Martin with a maiden name of Adomo. It was my understanding that the Facebook
page was registered to a Mark Adomo, which Is his wife's
maiden name.

16
17 18 19 20

16
17 18 19
20

Q.

Did you do anything to investigate to

determine whether the administrator, or I should say, the

Q. Is there an individual named Mark Adomo based

on your Investigation, or is that a conglomeration of other names?

person Identified as an administrator of the Facebook page

going by the name Nancy Vosicka, whether she has any
connection to that page?

21 22
23
24

21 22 23 24 25

A.
person as

Weil, I believe that Mark Adomo Is the same

A.

Yes. I spoke to Miss Vosicka on January the

2nd by telephone --

MR. CARMODY; Objection. THE COURT: Sustained. Calls for conjecture.

25

MR. CARMODY: Your Honor, I object to the

39

41

1
2 3 4 5 6
7

hearsay.

Rephrase your question.

BY MS. WALSH:

MS. WALSH:

I believe It fits within an

2
3 4 5

exception, Judge. I would like to ask what this

Q.

To summarize, sir, were you able to locate any

witness' investigative steps were. I intend to ask him about family and reputationai information which
falls within an exception to the Hearsay Rule, and
I plan to ask about the witness' expression of her
state of mind.

Individuals, any real, live, in-person Individuals that

share the name of the administrator - strike that.
Were you able to locate the real live

6
7

individuals whose names are associated with the Facebook page Boycott Sundance Vacations, or did your investigation
show something else?

8
9

So none of the information is being offered

9 10 11
12

10
11
12

for the truth of the matter asserted, I Just want

to get into this witness' investigative steps.

A.

Yes, ma'am, the answer Is yes to your former

question. I did locate a Richard Harris and I did speak to

him.

And, as I said, the information about family and

reputationai background which fails within the
exclusion under P.A. Rule of Evidence 80319.
THE COURT:
to another area.
BY MS. WALSH:

13 14 15 16 17 18 19

13
14 IS

Q. A.

What did you determine from Mr. Harris? That he was not
MR. CARMODY: Objection.
THE WITNESS: -did not give permission to

Objection is sustained. Move on

16 17
18

anyone to use his

Q.

Were you able to track down a Nancy Vosicka

THE COURT:
questions?

Sustained. Stricken. Any other

with a link to the Facebook page? A. Yes, ma'am, I was.

19
20
21 22

20
21

MS. WALSH: THE COURT:

No, Your Honor. Mr. Carmody, any questions? No, Your Honor.

Q. Was ~ does Nancy Vosicka have any connection

or relationship with Albert Whitehead?

22
23 24

MR. CARMODY: THE COURT:

A.

Yes, ma'am, she does.

23
24

Counsel approach. Off the record.

Q. What is that relationship?

[Whereupon, an off-record discussion occurred

25

A.

About 40 years ago Mr. Whitehead Impregnated

25

at sidebar, after which a short recess was taken.]

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THE COURT: Continue, please, Attorney Walsh.

1
2

MS. WALSH: Your Honor, we call John Dowd.

CROSS EXAMINATION

3
JOHN DOWD. called as a witness on behalf of

BY MR. CARMODY;

the Plaintiff, having been duly sworn, was examined

and testified as follows:

5
6 7

Q.

Mr. Dowd, you said you're the president, CEO

6 7 8 9 10 11 12 13 14
15

of Sundance Vacations?

A.

Yes.

PIRECT EXAMIWAHQN

8 9

Q.

How many stores does that Indude, or how many

business locations?

BY MS. WALSH:

10

A.

Currently there are four sales locations.

Q.
Vacations?

John, what is your relationship with Sundance

11
12

Q. A.

Where are they located? One In New Jersey, one In King of Prussia,

A.
Q.

Owner and president.

How long have you been associated with the

13
14
15
16

Pennsylvania, one in Harrisburg, and one In Illinois.

Q.
Vacations?

How long have you been president of Sundance

business of Sundance Vacations?

16
17 18

A. Q.

Since 1991. Just briefly, can you tel the Court the

A.
Q.

Since It started In '91.

In the last 20-plus years as president of

17
18

business that Sundance Vacations is In?

Sundance Vacations, in your position as president, have you become aware of complaints about Sundance Vacations?

19 20 21 22 23
24

A. Q.

Marketing sales of wholesale vacations. Did you have an opportunity to investigate

19 20

MS, WALSH: Objection, Your Honor. It exceeds

whether the persons who are identified as Facebook administrators, whether they were ever customers of Sundance Vacations or affiliated with the company In any way?

21
22

the scope of direct. Ifs not relevant to any

Issue ~

23
24 26
sir.

THE COURT: Overruled. If you can answer,

A.

We checked our databases, which we keep

25

extensive databases, and five people that are administrators

THE WITNESS: Again, please

43

45

1 2

of the page have never had any contact with our company,

1
2

BY MR. CARMOPY:
Q. In your role as president of Sundance ever the

never received any marketing calls, have never visited any of our locations, never purchased any of our products.
Q. How has the Boycott page affected the business

3
4 5 6
7 8

3
4 6

last 20 years, have you received complaints about Sundance

Vacations service or products?

of Sundance Vacations?

A.

As with any business, our business is not

A.

Ifs the single worse thing that's happened to

6 7 8 9 10 11
12

perfect. We've had complaints from legitimate customers

from time to time.

our business since we started it. Ifs cost us millions of dollars over the past few years. We laid off over a hundred people as a result of problems caused by this page. People believe what they see on the Internet. They think that
stuff is credible.

Q.

Are you aware of any local television

9 10

reporting that's been shown on television regarding

complaints about Sundance Vacations?

11
12

A.

I am not.

Q,
Court for?

What is the relief that you are asking this

Q.

Are you aware of any newspaper ads that have

13
14

13

been written from aggrieved customers of Sundance Vacations?

A.

Mr. Whitehead signed an agreement not to do

14 15 16

A. Q.

I am not. So, as you sit here today, the only complaints

15 16

this in a federal court case In '07 and he continues to do

It since then. I don't know what he will listen to. I

you're familiar with are ones that were submtted personally

to you?

17 18
19
20

don't know what language he listens to. He hasn't listened

to your order to date. I don't know what we could do to
force him to stop other than Jail time.
MR. CARMODY: Objection.

17
18 19 20
21

A.

That's a broad question. I don't want to say

the wrong thing.

Q.

Let me back up. You said you were aware of

21
22

THE COURT: Sustained.

past complaints from customers. How did you become aware of

those complaints?

MS. WALSH: Thank you. No other questions.

THE COURT : Dowd? Mr. Carmody, any questions for Mr.

22
23 24

23
24

A.

We have a large customer service department

that fields calls for anybody that might have any Issues
regarding any contact with our company. They could have a

25

MR. CARMODY:

Yes, Your Honor.

25

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6

problem with a vacation they've taken.

1
2 3
4

Whitehead Is In contempt of
THE COURT ;
testimony, sir? MR. CARMODY: No, Your Honor. As I

Q.
A.

How would you have been notified?

I'm not necessarily notified of every

Mr. Carmody, are you offering any

complaint Many complaints are handled by the people who do that everyday.

5
6

represented to this Court, based on my client's

health, he has not appeared for any of these hearings. THE COURT: III come back to your argument Let me come back to Ms. Walsh. Go ahead.
MR. CARMODY: Yes, Your Honor.

6 7 8
9 10

Q.

But you're not aware of any news programs on

television that have broadcasted stories about Sundance Vacations?

7 8

A.
Q,

I am not.
And you're not aware of any newspaper ads that

9
10

11
12 13
14

have been written as editorials regarding complaints about

Sundance Vacations?

11 12 13 14
15

MS. WALSH: Your Honor, we'd ask for a finding

based on the unrebutted expert evidence that we've entered today. We ask first. Your Honor, I'd move for the admission of Exhibits A through R
which are In the binder that was handed up earlier today.

A.

There was an op-ed piece in the Philadelphia

They were customers. This was not an

paper some time ago.

op-ed.

15 16 17 18
19 20

Q.
A.

Who was the author of that?

I don't recall.

16
17

THE COURT: Any objection, Mr. Carmody? MR. CARMODY; No objection.

THE COURT; So moved. We admit all exhibits

Q.
that story?

Do you know the what was the synopsis of

18
19

A.

I would say on balance it was just

20 21
22

In that binder. Go ahead.

21
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Informative. It was neutral. Someone had just investigated

MS. WALSH; We'd ask Your Honor for a finding that Mr. Whitehead is In contempt of Your Honor's
October 23rd, 2012 order by, first of all.

their Interactions with the business and published what they found. I don't recall the specifics. Q. Did that article involve complaints about

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continuing to administer the Boycott Sundance

Vacations page under the name Mary Smith 4158 after

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Sundance Vacations services?

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A.

I don't recall.

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the entry of the October 23rd order. We'd also ask for a finding that Mr. Whitehead
Is In contempt of this Oourt's order by refusing to
cooperate with Sundance Vacations In asking Facebook to take down the Boycott Sundance
Vacations page.

Q.

You testified that because of Mr. Whitehead

your business has suffered tremendously?

A. Q. It has. How do you know that to be true?

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A.

When customers ask to have refunds for travel

packages they purchased because they've seen the Boycott

Finally, we'd ask for a finding that Mr.

Whitehead Is In contempt for refusing to remove

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Sundance page and have Interacted with him. We have gotten

letters from customers saying they wanted to obtain refunds
that were written by Albert Whitehead.
Q. Did these customers, did they Identify news

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posts that he made on other pages using pseudonyms containing messages disparaging of Sundance
Vacations.

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stories that they saw on television regarding Sundance

Vacations services?

We'd ask Your Honor that Mr. Whitehead be

compelled to send a letter to Facebook requesting

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A. Q.

No, because there have been none. Did they reference any newspaper ads

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that the page be taken down. We'd ask that Your

Honor compel him to remove the Boycott Sundance

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concerning services of Sundance?

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Vacations page pursuant to the method that was outlined In evidence here today, and we ask that Your Honor give a date certain to do that or face a certain consequence, which would be a term of
conditional Imprisonment until he complies, or In

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A.

The newspaper article you are referring to I

believe was seven or eight years ago, so Ifs not recent

history. '

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MR. CARMODY: That's aH I have. THE COURT: Any redirect?

MS. WALSH: No, Your Honor.

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the alternative a daily fine of $500 per day until

he compOes.
Finally, Your Honor, we'd ask that Mr.

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THE COURT; Anything else. Attorney Walsh? MS. WALSH; Just to summarize. Judge. We'd ask the Court to enter an order finding that Mr.

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Whitehead be compelled to reimburse Sundance

Vacations for the costs and fees Incurred In coming

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back to this Court repeatedly for relief. Respectfully, Judge, we had an agreement in 2007 and Mr. Whitehead has continually failed to

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complaints of Plaintiff.
THE COURT: Anything else, counsel?
MS. WALSH: Very briefly, Your Honor.

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live up to It. When we found out that he was posing as John Flannagan we came to the Court and

The Defendant has had the documents that were

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produced by Facebook and Yahoo and Google for weeks now. There was nothing new presented today from

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asked for relief, and Mr. Whitehead conceded that

relief was appropriate. And now it's been established through the evidence today that he defied that order. He's broken his own promise yet
again.

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any of those entities. With regard to the order, we respectfully disagree. We need a finding of contempt by this Court and an appropriate entry of an order of
sanctions Just to enforce the agreement, to enforce

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We ask that Your Honor impose an order or

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enter an order with appropriate sanctions and appropriate teeth just to prevent us from having to come back here again.

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Your Honor's order, and to prevent us from having to come back here today. THE COURT:
say?

Mr. Carmody, anything you want to

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THE COURT: Attorney Carmody, we'll hear from

you, sir.

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MR. CARMODY: That's Just not correct. There

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MR. CARMODY: Thank you, Your Honor.

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were certain documents that were not provided to me until 10:00 this morning, so I did not have the
appropriate amount of time to review it or consult

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The last half of Ms. Walsh's argument, we have agreed at the outset before testimony was taken
today that the Defendant was going to submit a

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with my client on his thoughts of those documents.

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letter within five days. The meat and potatoes of

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THE COURT: In accordance with the Plaintiffs

emergency petition for contempt sanctions and order

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this whole case is this Facebook page, the Boycott page. This letter that you've already ordered my
client to submit within five days should clean up any issues that the Plaintiff has, assuming their
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compelling compliance with the October 23rd, 2012 amended order, and after evidentiary hearing on same along with counsel, the order will be as

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allegations are correct that he is the

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follows:

Number one. Defendant Albert Whitehead is

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administrator or he has the authority or capability

to do it, that this letter should be sufficient to

found in contempt of court, the order dated October 23rd, 2012. Number two. Defendant shall send a

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take the page down, thereby addressing any concerns

and needs the Plaintiff may have. In regards to the testimony that was presented

letter to Facebook within five days requesting

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removal of the Boycott page In accordance with the

October 23rd, 2012 court order. Number three, the

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here today, a lot of these exhibits, specifically the exhibits regarding at what time a person made a
post, one of the administrators, these are

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defendant shall undertake efforts to personally remove the Boycott page from Facebook and/or any other platforms within three days of the date of this order. Number four, failure of Defendant to
comply with the above-stated will result in a sanction of $250 per day thereafter. Number five,

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documents. Your Honor, that I just received when we

came up before you. I did not have appropriate

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time to review that. I would ask that any further

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order beyond compelling the letter within five

days, I would ask that the Court holds off or gives

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Defendant shall reimburse Plaintiff for counsel

fees and filing costs associated with this

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the Defendant an extension of time to, number one,

look at these new documents. Number two, get a

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Plaintiff's Emergency Petition and hearing this

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date. Six, Defendant shall comply with this and

all previous court orders. That will conclude the proceeding. I thank both counsel for their presentations. Thank you. MS. WALSH: Thank you, Your Honor. MR. CARMODY: Thank you. Your Honor. [Whereupon, the proceeding was concluded.]

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copy of the transcript so that I may present that

to my client. And that In the event he believes

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that certain testimony was not correct, or in the event he Is willing to spend money on an expert of

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his own, that he may want to rebut certain

allegations.

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At the end of the day I believe that your

order to submit this letter within five days should

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dean up most of or should address most of the

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CERTIFICATION

I HEREBY CERTIFY that the proceedings are contained fully and

accurately in the notes of testimony taken by me on the proceedings of the above matter, and that this is a true and correct transcript of the same.

isitDanklfl. @oJi
Daniel J. Coll, Official Court Reporter