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         1
                               IN THE COURT OF COMMON PLEAS
         2
                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
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                                    CIVIL TRIAL DIVISION
         4
                                         -   -   -
         5
                  THOMAS C DAY AND JOANNE DAY      : JULY TERM, 1998
         6                                          :
                         VS                        :
         7                                          :
                  GERALD SCHARF, DO,              :
         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 6, 2001
                                  COURTROOM 253, CITY HALL
        16                       PHILADELPHIA, PENNSYLVANIA

        17                               -   -   -

        18        BEFORE:  HONORABLE VICTOR J DI NUBILE, J
                                         AND A JURY
        19

        20

        21

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        24
 
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         3        APPEARANCES:

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

         8
                               MC KISSOCK & HOFFMAN, PC
         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
        22

        23

        24
 
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                                         I_N_D_E_X
                                         _ _ _ _ _
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                  WITNESSES:
                  _________ 
         6
                                      DIRECT  CROSS  REDIRECT  RECROSS
         7

         8
                    MELVIN PRATTER      5     14      107
         9                             16     43

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         1

         2

         3                     (THE FOLLOWING TOOK PLACE IN OPEN

         4               COURT IN THE PRESENCE OF THE JURY:)

         5                           THE COURT:  GOOD AFTERNOON,

         6               EVERYONE  WHAT WE ARE GOING TO DO, WE ARE

         7               GOING TO TAKE A DEFENSE WITNESS OUT OF

         8               TURN, SO THAT THE RULES THAT I TOLD YOU

         9               ABOUT, FIRST THE PLAINTIFF AND THEN THE

        10               DEFENSE, WE HAVE GOING TO DEPART FROM THEM

        11               A LITTLE BIT  YOU ARE ALL SOPHISTICATED

        12               ENOUGH  YOU'VE HEARD THIS CASE  YOU ARE

        13               SOPHISTICATED ENOUGH TO HANDLE IT

        14                     WITH THAT IN MIND, WE ARE GOING TO

        15               JUMP FROM THE PLAINTIFF'S CASE FOR THE REST

        16               OF DAY AND WE ARE GOING TO PROCEED WITH THE

        17               DEFENSE CASE  MR FILORETO

        18                           MR FILORETO:  THANK YOU, YOUR

        19               HONOR  I CALL MELVIN PRATTER, MD,

        20               PLEASE

        21                           COURT CRIER:  PLEASE STATE YOUR

        22               FULL NAME FOR THE RECORD

        23                           THE WITNESS:  MELVIN R

        24               P