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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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                  THOMAS C. DAY AND JOANNE DAY      : JULY TERM, 1998
         6                                          :
                         VS.                        :
         7                                          :
                  GERALD SCHARF, D.O.,              :
         8        HAHNEMANN NORTHEAST MEDICAL       :
                  CENTER, PHILADELPHIA              :
         9        CARDIOLOGY ASSOCIATES,            :
                  THE MEDICAL COLLEGE OF            :
        10        PENNSYLVANIA AND HAHNEMANN        :
                  UNIVERSITY, ALLEGHENY UNIVERSITY  :
        11        OF THE HEALTH SCIENCES,           :
                  ALLEGHENY HEALTH, EDUCATION       :
        12        AND RESEARCH FOUNDATION,          :
                  ALLEGHENY UNIVERSITY HOSPITALS    :
        13        AND HAHNEMANN UNIVERSITY HOSPITAL : 1643

        14                               -   -   -

        15                            DECEMBER 5, 2001
                                  COURTROOM 253, CITY HALL
        16                       PHILADELPHIA, PENNSYLVANIA
                            TESTIMONY OF WILFREDO TALAVERA, M.D.
        17                               -   -   -

        18        BEFORE:  HONORABLE VICTOR J. DI NUBILE, J.
                                         AND A JURY
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         3        APPEARANCES:

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         5                     SALTZ, MONGELUZZI, BARRETT &
                               BENDESKY, P.C.
         6                     BY:  MICHAEL F. BARRETT, ESQUIRE
                               FOR THE PLAINTIFFS
         7

         8
                               MC KISSOCK & HOFFMAN, P.C.
         9                     BY:  JOHN A. FILORETO, ESQUIRE
                               FOR THE DEFENDANTS
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                               GEORGE D'ANGELIS, ESQUIRE
        21                     OFFICIAL COURT REPORTER
                               COURT OF COMMON PLEAS
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                                         I_N_D_E_X
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         5        WITNESSES:
                  _________ 

         6                            DIRECT     CROSS

         7         WILFREDO TALAVERA    9          22
                                       39
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         1

         2                         MORNING_SESSION
                                   _______ _______

         3

         4                     (THE FOLLOWING TOOK PLACE IN OPEN

         5               COURT, OUT OF THE PRESENCE OF THE JURY:)

         6                           MR. FILORETO:  I HAVE ONE ISSUE

         7               TO BRING TO THE COURT'S ATTENTION.  THIS IS

         8               A MOTION TO AMEND THE DEFENDANTS IN

         9               ANSWERING PLAINTIFF'S COMPLAINT.  IN

        10               ANSWERING THE COMPLAINT ORIGINALLY, WE WERE

        11               ADVISED BY THE THEN EXISTING ADMINISTRATORS

        12               OF THE BANKRUPT ALLEGHENY ESTATE THAT DR.

        13               SCHARF WAS AN EMPLOYEE OF ALLEGHENY

        14               UNIVERSITY HOSPITAL EAST DOING BUSINESS AS

        15               ALLEGHENY UNIVERSITY HOSPITAL-HAHNEMANN.

        16               WE HAVE SINCE LEARNED THAT DR. SCHARF WAS

        17               ACTUALLY AN EMPLOYEE OF ALLEGHENY

        18               UNIVERSITY HEALTH SCIENCES.  ALLEGHENY

        19               UNIVERSITY HEALTH SCIENCES WAS AN

        20               ORIGINALLY NAMED DEFENDANT IN THE CASE.

        21               AND BY STIPULATION WE STIPULATED THEM OUT

        22               OF THE CASE ESSENTIALLY AND P