IN THE COURT OF COMMON PLEAS

                               FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                         CIVIL TRIAL DIVISION

                                              -   -   -

                     FRANK FAZIO, ADMINISTRATOR : MAY, 2001
                     OF THE ESTATE OF DEBORAH   :
                     FAZIO, DECEASED            :
                                                :
                                VS             :
                                                :
                     ANDREW R QUINT, MD,     :
                     ENDOCRINE ASSOCIATES, PC,:
                     AND HARRIET B SCHWARCZ,   :
                     MD                       : NO 0659

                                              -   -   -

                                           DECEMBER 9, 2003
                                       COURTROOM 483, CITY HALL
                                      PHILADELPHIA, PENNSYLVANIA

                                              -   -   -

                     BEFORE:  THE HONORABLE GARY F DIVITO, J
 








                     APPEARANCES:



                              FELDMAN, SHEPHERD, WOHLGELERNTER & TANNER
                              BY:  MARK W TANNER, ESQUIRE
                                   RIKI R REDENTE, ESQUIRE
                              COUNSEL FOR PLAINTIFFS



                              KILCOYNE & ASSOCIATES, LLC
                              BY:  MICHAEL O PITT, ESQUIRE
                              COUNSEL FOR DR QUINT AND ENDOCRINE
                              ASSOCIATES



                              KANE, PUGH, KNOELL & DRISCOLL
                              BY:  WILLIAM H PUGH, ESQUIRE
                              COUNSEL FOR HARRIET B SCHWARCZ, MD



















                                       GEORGE D'ANGELIS, RPR
                                       OFFICIAL COURT REPORTER
                                        COURT OF COMMON PLEAS
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         7           WITNESSES:

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         9                              DIRECT   CROSS   REDIRECT   RECROSS

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        11           DR PAUL E MARIK    11       60       111

        12                                22                113

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         1                         (THE FOLLOWING TOOK PLACE IN OPEN

         2                  COURT, ALL PARTIES PRESENT:)

         3                              MR TANNER:  YOUR HONOR, AT

         4                  THIS TIME, THE PLAINTIFFS HAVE NO MORE

         5                  WITNESSES TO PRESENT  WE WOULD LIKE TO

         6                  MARK A FEW ADDITIONAL EXHIBITS  FIRST AS

         7                  PLAINTIFF'S EXHIBIT 9 WE WOULD MARK THE

         8                  CERTIFICATE OF DEATH OF DEBORAH FAZIO

         9                  INDICATING SHE WAS 46 YEARS OLD AT THE TIME

        10                  SHE DIED

        11                         AS PLAINTIFF'S EXHIBIT 37 WE WOULD

        12                  MARK THE UNITES STATES CENSUS BUREAU'S

        13                  ROSES LIFE TABLES INDICATING THAT A FEMALE

        14                  WHO IS 46 YEARS OLD, MRS FAZIO'S STATED

        15                  AGE IN 1999, HAD AN ADDITIONAL LIFE

        16                  EXPECTANCY OF 354 YEARS  WITH THAT, YOUR

        17                  HONOR, AND SUBJECT TO MOVING PLAINTIFF'S

        18                  EXHIBITS INTO EVIDENCE, THE PLAINTIFFS

        19                  RECESS

        20                              THE COURT:  VERY WELL  IN VIEW

        21                  OF THAT, WE ARE GOING TO TAKE ABOUT A 15

        22                  MINUTE RECESS BECAUSE WE WILL HAVE SOME

        23                  EVIDENTIARY MATTERS TO DISCUSS  SO IF YOU

        24                  WILL BE BACK HERE AT 10:45

        25                         (THE FOLLOWING TOOK PLACE IN OPEN
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         1                  COURT, JURY NOT PRESENT:)

         2                              MR TANNER:  YOUR HONOR, THE

         3                  PLAINTIFFS WOULD MOVE INTO EVIDENCE THE

         4