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, M.D.,     :
                     ENDOCRINE ASSOCIATES, P.C.,:
                     AND HARRIET B. SCHWARCZ,   :
                     M.D.                       : 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, M.D.



















                                       GEORGE D'ANGELIS, R.P.R.
                                       OFFICIAL COURT REPORTER
                                        COURT OF COMMON PLEAS
                                                                              3





         1

         2

         3                                    I_N_D_E_X
                                              _ _ _ _ _

         4

         5

         6

         7           WITNESSES:

         8

         9                              DIRECT   CROSS   REDIRECT   RECROSS

        10

        11           DR. PAUL E. MARIK    11       60       111

        12                                22                113

        13

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24

        25
                                                                              4





         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 35.4 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
                                                                              5





         1                  COURT, JURY NOT PRESENT:)

         2                              MR. TANNER:  YOUR HONOR, THE

         3                  PLAINTIFFS WOULD MOVE INTO EVIDENCE THE

         4