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                                   IN THE COURT OF COMMON PLEAS
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                             FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
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                                       CIVIL TRIAL DIVISION
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                                            -   -   -
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                     JOSEPH CAMM AND MARY CAMM  : MAY TERM, 2000
         6                                      :
                                                :
         7                  VS                 :
                                                :
         8                                      :
                     ALFRED P MARCHETTI, DO, : NO 3983
         9           ET AL                     :

        10                                  -   -   -

        11                               FEBRUARY 3, 2003
                                     COURTROOM 253, CITY HALL
        12                          PHILADELPHIA, PENNSYLVANIA

        13                                  -   -   -

        14                                   VOLUME II

        15                                  -   -   -

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                     BEFORE:  HONORABLE VICTOR J DI NUBILE, J
        17                                  AND A JURY

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                     APPEARANCES:
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                                  LAYSER & FREIWALD
         6                        BY:  AARON FREIWALD, ESQUIRE
                                       PATRICIA GIORDANO, ESQUIRE
         7                        COUNSEL FOR THE PLAINTIFF

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                                  STAHL AND DE LAURENTIS, PC
        10                        BY:  JAMES F GALLO, ESQUIRE
                                  COUNSEL FOR THE DEFENDANT,
        11                        DR ALFRED MARCHETTI

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                                  GEORGE D'ANGELIS, RPR
        21                        OFFICIAL COURT REPORTER
                                  COURT OF COMMON PLEAS
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         3                                  I_N_D_E_X
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                     WITNESSES:
                     _________ 
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                                        DIRECT  CROSS   REDIRECT   RECROSS
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                       JOSEPH CAMM        77     125       172        180
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                       TODD BROAD, MD  182     191
         8                               196

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         1                        THE COURT:  YOU CAN ALL SIT DOWN

         2                  SOMEONE, I THINK AN ATTORNEY, CALLED MY

         3                  OFFICE AND SPOKE TO MY LAW CLERK  I GUESS

         4                  IT WAS MR LYNCH, I PRESUME  AND THEY ARE

         5                  ASSERTING A LIEN ON THE -- I GUESS IN THIS

         6                  CASE  BUT I BELIEVE UNDER THE MCARE ACT,

         7                  EVEN ASSUMING FOR THE SAKE OF ARGUMENT, AND

         8                  I KNOW YOU CONTEST THE FACT THAT ANY

         9                  ADDITIONAL INJURIES ARE RELATED TO WORK

        10                  YOU ARE SAYING THAT HE WOULD HAVE STILL

        11                  LOST THE WORK DESPITE ANY NEGLIGENCE ON THE

        12                  PART OF DR MARCHETTI  NOT WITHSTANDING

        13                  THAT FACT, I THINK THE MCARE ACT PRETTY

        14                  MUCH, THE WAY I VIEW IT, PRECLUDES THE

        15                  ASSERTION OF THE LIEN BECAUSE YOU ARE

        16                  PRECLUDED FROM RECOVERING FOR LOST WAGES

        17                  AND MEDICALS THAT HAVE BEEN COVERED,

        18                  REGARDLESS OF WHETHER THEY ARE SUBJECT TO A

        19                  LIEN OR NOT IT APPEARS

        20                              MR FREIWALD:  YOUR HONOR, A

        21                  COUPLE OF POINTS  NUMBER ONE, I DID SPEAK

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