The URL can be used to link to this page

Home My WebLink About03-5704F:\WP Directories\JJV~MinorsComp\lex.wpd ANDREW LEX, a minor, by and through his natural parents and legal guardians, LEASE LEX and CHARLES LEX, Vo KRISTINA BAUER, Petitioners, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . .' .' : : CIVIL COURT DIVISION : MINOR'S COMPROMISE . PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTION Pursuant to Pennsylvania Rule of Civil Procedure Number 2039, Lease and Charles Lex, natural parents and legal guardians of minor, Andrew Lex, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by David H Rosenberg, Esq., petition this Honorable Court to enter an Order permitting settlement and compromise of this action, and in support thereof aver: 1. Andrew Lex was born on June 13, 1986, and, therefore, is 17 years old and a minor. He currently resides with his parents, Lease and Charles Lex, at 3 Mandy Lane, Dillsburg, York County, Pennsylvania 17019. 2. Kristina Bauer is an adult individual currently residing at 13 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. At all times material hereto, the minor, Andrew Lex was a passenger in a 1997 Mercury Villager (hereinafter "Petitioner's vehicle") bearing Pennsylvania registration number WWD 833 which was owned and operated by his mother, Lease Lex. 4. At all times material hereto, Kristina Bauer (hereinafter "Respondent") was the operator of a 1989 Pontiac 600-LE (hereinafter "Respondent's vehicle") bearing Pennsylvania registration number CBV-8715 and was owned by Thomas R. MacGregor, 5. At all times material hereto, Petitioner's vehicle was lawfully traveling southbound on South York Street approaching the intersection of Diehl Road in Upper Allen Township, Cumberland County, Pennsylvania. 6. On or about August 31, 2001, Respondent, Kristina Bauer, was operating Respondent's vehicle on Diehl Road traveling eastbound and approaching the intersection with South York Street in Upper Allen Township, Cumberland County, Pennsylvania. 7, Respondent failed to obey the posted stop sign on Diehl Road and proceeded into the intersection, striking Petitioner's vehicle. (Attached hereto, made a part hereof and marked "Exhibit A" is a copy the police report.) 8. As a direct and proximate result of the negligence of the Respondent, the minor, Andrew Lex, suffered some hearing loss, tinnitus and pain with noise exposure as a result of his head colliding with the air bag, 9. Andrew was initially seen in the Holy Spirit Hospital in Camp Hill, Pennsylvania. He was treated and released the same day. 10. Following this visit to the emergency room, Andrew was treated by Dr. John 2 Fornadley and by Dr. Wesley VanderArk. He was released from care on February 14, 2003. (Attached hereto, made a part hereof and marked "Exhibit B" is a copy of Dr. Fornadley's written report.) 11. The Respondent's vehicle was insured under a policy of motor vehicle insurance issued by Allstate Insurance Company that was in effect at the time of the collision which provided $25,000 in insurance coverage. 12. After protracted negotiations, Allstate Insurance Company offered to settle Andrew Lex's injury claim for the policy limit of twenty five thousand dollars ($25,000.00). 13. David H Rosenberg, Esq., certifies and believes the amount of the settlement is reasonable in light of the nature of Andrew's injuries and the fact that this represents the policy limits. 14. Petitioners, Lease and Charles Lex, believe said settlement is in the best interests of their minor son, Andrew Lex, and propose to accept said settlement offer of $25,000.00 from Allstate Insurance Company, thereby releasing Respondent from any and all claims, suits and/or other actions in the future. 15. David H Rosenberg, Esq., of HANDLER, HENNING & ROSENI~ERG, LLP, has been the attorney for the minor in this action and he requests counsel fees of six thousand two hundred fifty dollars ($6,250.00) for services rendered, plus costs and expenses of two hundred twenty dollars and eighty seven cents ($220.87) pursuant to the Contingent Fee Agreements signed by Petitioners. The 25% fee represents a reduction from the 33 I/3% fee agreement signed by Lease Lex on behalf of Andrew Lex. Thus, the total amount requested by counsel for representing Andrew Lex is six thousand four hundred seventy dollars and eighty seven cents ($6,470.87). (Attached hereto, made a part hereof and marked "Exhibit C" is a copy of the Contingent Fee Agreement and billing statement.) 16. Petitioners request this Honorable Court order payment of the balance of eighteen thousand five hundred twenty nine dollars and thirteen cents ($18,529.13) to be placed in an account investing only in securities guaranteed by the United States Government or by a Federal Government agency managed by responsible financial institutions, bearing the name of the minor, Andrew Lex, that is marked, "Not to be withdrawn until minor reaches the age of 18 or without the Order of a Court of competent jurisdiction." Proof of deposit to be filed with this Court. 4 WHEREFORE, Petitioners request this Honorable Court to: a. Authorize Lease and Charles Lex to sign the release; b. Approve the Compromise stated above; c. Authorize the payment of fees and expenses stated above from funds due to the minor; and d. Direct payment of the net funds due, in accordance with the Compromise stated above. Date: Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP I.D. # 2~)569 1300 Lihglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Petitioners ~.REFER TO OVERLAY SHEETS Por,I CE NUMBER ~OOJ.-O~-4~ /' .~ '70MMO~TH OF PENNSYLV/ t POLICE ACCIDENT REPORT REPORTABLE ~ NON-REPORTABLE [~ PENNDOT USE ONLY INFORMAT TON ACC[DENT LOCAT1 ON 2.AGENCY NAME Upper Allen Township Police 3.STATION/ [ 4.PATROL PREC INCT ZONE 5. INVESTIGATOR BADGE Je[emv Tappan n NUMBER 2306 6. P OV Y BADGE 7. mVEBTIGATION / I 8.ARRIVAL .. BA~E---- 08/3]_/200]_ TIME 15:30 ACCIDHNT 1 NF'ORMATION ll.TIME OF 12.NUMBER DAY lS:28 OF UNITS 2 13.# KILLEDo Ii4'#2INJURED 15.PRIV.PROP.AcCiDENT Y [] N [] 16.DID VEHICLE HAVE TO BE 17.VEHICLE DAMAGE REMOVED FROM THE SCENE? O-NONE UNIT 1 I Q ( UNIT 1 UNIT 2 1'LIGHT I- I 2-MODERATE 3-SEVERE UNIT 2 18.HAZARDOUS 19.PENNDOI MATEBIALS Y []N [] PROPERTY Y [] "[] hNT ff 21oMUN1CIPALITY Up~r Allen Tot, ms~p CODE 104 PRINCIPAL ROADWAYINFORMATION 22.ROUTE ND.OR STREET NAME 23.SPEED LIMIT 35 South York Street ~TYPE 2~-~y~ AC CE S S H GHWAY 0 CONTROL INTERSECTING ROAD: IFNOTATINTERSECTION: 30.DROSS STREET OR SEGMENT MARKER 31.DIRECTION 32.DISTANCE FROM SITE N S E W FROM S TE FT. 33.DISTANCE WAS MEASURED [] ESTIMATED [] 4 CONSTRUCTION [~TRAFFIC PRINCIPAL GONTBOL ) 0 1 __ DEVICE MI. INTERSECTING ' ' ~i~ 0 ~ ) 'I~L~'~'E C~V87]-5 I ' PA "~ARKI~b? [--~[:] } 'PLATE ~8~3 39.PA TITLE OR OUT-OF-STATE VIN ~2~753~0 40,OWNER ~I~CX'P~S R. MacProof ADDRESS ~3 ~st Keller Street 42.CITY,STATE ~C~csb~, PA 17055 & ZIPCODE 43.YEAR 1989 [44,MAKE Pontiac 45.MODEL-(NOT BODY TYPE) 6000T'~ ~BODY 4~BPEOIAL TYPE 04 USAGE 0 ~INITIAL IMPACT ~VEHICLE POINT 9 STATUS 0 ~VEHIELE ~DRZVER GRAD ENT i --PRESENCEI ]_ I b0.DBIVER NUMBER 26585128 )58.DRIVER NAME KrisCin~ N. Bauer 59.DRIVER ADDRESS 13 East Keller Street 60.CITY,STATE Mechanicsburg, PA 17055 & ZIPCODE [4°'I Bs NU UNK[ 4~VEHICLE OWNERSHIP Jb/.STATE 61.SEX 162.DATE OF F J BIRTH 64.COMM.VE~ Ob.DRIVER 67.CARRIER j63,PHONE 717-766-3837 68.CARRIER ADDRESS 69.CITY,STATE & ZIPCODE 7O.USDOT # [ ICC # ~),VEH. J~.CARGO CONFIG. --BODY TYPE 75.N0. OF 7~.HAZARDOUS AXLES MATERIALS PUC # 74.GV~R 77.RELEASE OF HAZ MAT Y[~ N ~ UNKF] 39.PA TITLE OR OUT'OF'STATE VIN 509~0584202 40.OgNER L~a~e 41 .OWNER 42.CITY,STATE ]])ill~bl,]~ ~ji~ ]`70]-9 & Zl PCODE 43.YEAR !997 J 44.MAKE 45.MODEL- (NOT BODY TYPE) V!!±ager ~INITIAL IMPACT POINT 12 GRADIENT 1 NUMBER 22]-4~798 58.DRIVER NAME hea~e 59.DRIVER ADDRESS 3 60.CITY,STATE Dillsburg, PA 17019 & ZIPCODE 61 .SEXF [ 62.DATEBiRTHOF 05/29/1970 Ob.DRIVER O~,.COMM.VEB. jY [-] N [~CLASS I 67.CARRIER 68.CARRIER ADDRESS 69.CITY,STATE & ZIPCODE 70.USDOT # |ICG # VE,. I CARGO CONFIG, BODY TYPE 75.N0. OF ~HAZARDOUS AXLES MATER ALS PAGE: j46.]~s~ N~ UNK~_ 4~SPECIAL ~%VEHICLE USAGE 0 OWNERSHIP - I~iTRAVEL 63.PHONE 717-432-7499 PUC # 74. GVWR ??.RELEASE OF BAZ MAT Y~] R [] UNK[~ CENTER FOR HIGHWAY SAFETY TS.RESPONDING EMS AGENCY West Shore P~S 79.MEDICAL FACILITY Hershey Medical senter ~PEOPLE INFORMATION A B C D E F 1 1 F 17 3 1 2 1 F 31 3 1 2 3 M 15 3 1 ~NCIDENT ~ :2001-08-447 j 2IDENT DATE: 08/31/2001 G NAME ADDRESS 0 Unit ~1 Operator 1 Unit #2 Operator 1 Andrew L. Lex 3 Mandy Lane Dillsburg PA 17019 H I J K L M 3 2 3 A 6 1 ~ 9 5 B 0 0 0 0 0 N 0 0 ~ILLUMINATION~-~ ~.WEATHER ~-] ~ROAD SURFACE 84.PENNSYLVANIA SCNOOL DISTRICT (IF APPLICABLE) 86. DIAGRAM: 87.NARRATIVE-IDENTIFY PRECIPITATING EV~NTS~ CAUSATION FACTORS, SEQUENCES OF EVENTS, ~ITNESS STATEMENTS~ AND PROVIDE ADDITIONAL DETAILS, LIKE INSURANC~ INFORMATION AND LOCATION OF TOWED VEHICLES~ IF KNOWN. c~ ~ut5 Yo~k Street. ~it ~1 ~a~1~ to see ~iC Street. ~it ~2 st~ck ~it ~1 ~d ~th ~ts con~ued ~o travel southeast ~d c~ to rest ~ a ~ass field at 1017 ~uth York Street. ~t ~1 o~rator stat~ t~t she applied her braes prior to the stop si~ but ~s ~le to st~ ~d slid t~ the ~tersecticn. ~t ~2 o~rator said t~t ~t ~1 "c~ ou~ of nowhere" ~d she ~d nee ev~ brave ti~ react. ~t ~1 ~d leave 36.3 feet of s~d ~ on Died R~d, jus5 prier to Scunh York Stree5. m~_~ before Scunh Ycr:< Witness Fo~ney said that he saw Unit #1 on Diehl Road akxPut 1/'4 ~'= ' Street. Forney said that Unit MI operator was using her cellular phone and was driving ix I the opposing travel lane for a short time and made a sharp turn onto Diehl Road. IN R CE COMPANY IN~oL~A~ION) All State WITNESSES N;%ME ::~:~::~q:!~:!e~. VIOLATIONS INDICATED UNIT 1 Stop Signs/Yield Signs UNIT 2 :~:!::?!:~PROBABLE ~.TYPE !ii!!:{{ii!i{iiiii~i{ll USE WiST ~. RESULTS I 0 o. INSUR CE COMPANY I"FOR~AN~ION I Xenloer Znsturance UNIT I POLICY NO 2 j 9015814 ADORE5~ PHONE Fornev 663 Old Grove Road, Mechanicsburu, PA 17055 717-697-7240 ADDRESS PHONE ~ [ i{il f:f:i i::!i!:: :.! i?i] ~. PROABLE NO TEST USE [22]r'-'] REFUSEuNK ~ 0 PAGE: 90. SECTION NUMBERS (ONLY IF CHARGED) TC ~.TYPE~EsT 14'INVESTIGATION ~RESULTS[~] NO TEST COMPLETE? o. YES [] CENTER FOR HIGHWAY SAFETY 890 POPLAR CHURCH ROAD CAMP HILL, PA 17011 (717) 763-7400 ' FAX (717) 763-4177 I01 WEST CHERRY STREET PALMYRA, PA 17078 (717) 832-0500 ' FAX (717) 832-1955 February 14, 2003 Charles Darowish, D.O. 885 S. Arlington Avenue Harrisburg, PA 17109 RE: LEX, ANDREW Dear Dr. Darowish: It was my privilege to evaluate Andrew Lex. As you know, he is 16-year-old who was a restrained passenger in a motor vehicle accident where the airbags deployed and he was hit in the right ear in August 2002. By his report and his Mother's, there ~vas no evident loss of consciousness. He was evaluated at an emergency facility but did not require any medical or surgical intervention. He notes no vertigo or drainage, but feels decreased hearing, tirmitus which is occasional, and a marked difficulty with loud noises. Whenever a relatively loud noise occurs, it causes Andrew substantial discomfort. On examination, he has normal extraocular motions without nystagmus or diplopia. Cranial nerve function appears normal with the exception of the eighth nerve. His communication skills are good. The external canals are normal bilaterally. The tympanic membranes are intact without retraction. There is an aerated middle ear space bilaterally. The nose is mildly congested but without mass, polyps, purulent discharge. The nasopharynx is clear and the eustachian tube orifices are non-obstructed. The oral cavity and hypopharynx have no mucosal based lesions, and the anterior cervical examination shows no thyromegaly or adenopathy. Tuning fork examination reveals the Weber to be midline to slightly right, air is greater than bone bilaterally with the Pdnne. An audiogram shows normal heating in the left ear. The right ear is showing a mild-to-moderate mixed heating loss. The pure tone average is 7 decibels to the left and 25 decibels to the ri~t. Speech reception is 10 decibels in the left and 30 decibels in the right. Unaided speech discrimination is 100% in the left and 96% in the right. A conductive heating loss is 20 decibels at 500 Hz, and t5 decibels at 1000 and 2000 Hz. A conductive loss resolves at 3000 and 4000 Hz. We had a considerable discussion over these findings. There is no perforation to the tymparfic membrane and no fluid retained in the middle ear space. It appears very likely that ossicular chain n'auma is responsible for the conductive component to his heating loss. Unfortunately it does appear that he has sustained a moderate sensorineural loss that appears to be related to the accident. There is no surgical procedure or medical therapy to restore the sensorineural component to his loss. Surgical exploration of the middle ear to evaluate the ossicles and determine site of lesion is certainly possible. However, the conductive hearing loss, ~hil,e_~ significant, is small enough that it is unlikely to expect surgical therapy to provide 9 benefit. He has experienced no dysequilibriurn. I expect he will accommodate ar~Ve~xp~nL~e less discomfort with loud noises as he completes the first year post trauma. However, the JoI4N A. FORNADLEY, MD, FACS ROO~R J. LEVlN, MD, FACS ANI)!ZEW M. SH^?IRO, MD, FAAP ~'. DONALD COOPE¥, MD KEVIN C. GORDON, PA-C CHRISTI MONCAVAGE, MS, CCC-A, ABA APR n 7 JODY S. BUP. KHART, MA, CCC-SLP CIATED TOLARYNGOLOGISTS Charles Darowish, D.O. February 14, 2003 RE: LEX, ANDREW Page 2 890 POPLAR CHURCH ROAD CAMP HJLL, PA 17011 (717) 763-7400 ' F^X (717) 763-4177 10l WEST CHERRY STREET PALMYRA, PA 17078 (717) 832-0500 o F^X (717) 832-1955 tirmitus, hearing loss and some aspects of pain with noise exposure may continue indefinitely. A hearing aid evaluation may be beneficial for the right ear because of the mixed hearing loss. However, I think it is best to hold off on this for now because of the pain that comes with loud noises in the right ear. He should wear hearing protection in all loud noise environments and may choose to place an ear plug in the right ear when there is a substantial chance he will be exposed to loud noises. I certainly would like to recheck his hearing in one ear, sooner should the situation change. Sincerely, JoiA. Fo~D., F.A.C.S. JAF/mjv cc: Lease Lex 3 Mandy Lane Dillsburg, PA 17O19 File JOHN A. FORNA~)LE¥, MD, FACS ROGER J. LEVIN, MD, FACS ANI)RSW M. SHAPIRO, MD, FAAP F. DONALD COOP£¥, MD KEVIN C. GOI~DON, PA-C CHKISTI MONCAVAGE, MS, CCC-A, ABA JILL A. HOFFMAN, MA, CCC-A JODY S. BUKKHART, MA, CCC-SLP eondle. r' nnmg& senberg ATTORNEYS AT LA~./ BILL NO: 9039 BILL DATE: October 21, 2003 1300 Linglestown Road, Harrisburg, PA 17110 ANDREW LEX C/O LEASE & CHARLES LEX 3 MANDY LANE DILLSI3URG, PA 17019 Client No: 206423 Matter: 00000 Attorney: DHR INVOICE PAYMENT DUE UPON RECEIPT EXPENSES 5479 10~2/2001 '7343 11~7/2001 ~CASE 12/03/2001 [CASE 02/06/2002 CASE 11/05~002 CASE 03/28~003 CASE 09~9~003 BIND 10/13/2003 COPY 10/31/2003 [ISI 10/31/2003 IPoS lo/31~003 [POST 10/31/2003 10/22/200l 15.00 Lower Allen Township Police 11/07/2001 26.34 ELECTRONIC HEALTH INFORMATION 12/03/2001 17.00 VendorENT SURGICAL ASSOC LTD;GenemlCaseExpense 02/06/2002 19.00 VendorE N T FACIAL PLASTIC SURGERY GROUP;OeneralCaseExpense 11/05/2002 22.00 VendorE N T FACIAL PLASTIC SURGERY GROUP;GeneralCaseExpense 03/28/2003 23.00 Vendor ASSOCIATED OTOLARYNGOLOGISTS OF PA GeneralCaseExpense 09/29/2003 55.50 VendorPROTH OF CUMBERLAND CO;GeneralCaseExpense 10/13/2003 2.00 Book Binding Costs 10/31/2003 5.20 DocumentReproduction 10/31/2003 22.40 DocumentReprodu~ion 10/31/2003 8.64 Postage Costs 10/31/2003 4.79 Postage Costs TOTAL EXPENSES Total due this invoice 15.00 26.34 17.00 19.00 22.00 23.00 55.50 2.00 5.20 22.40 8.64 4.79 $220.87 $220.87 TOTAL BALANCE DUE $220.87 CONTINGENT FEE AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that We, Charles Lex and Lease Lex, Parents and Guardians of Andrew Lex, do hereby retain HANDLER, HENNING and ROSENBERG, of Harrisburg, Pennsylvania, as my attorneys in this matter to represent us and to process, negotiate and/or arbitrate a settlement or to institute for us in my name any legal proceedings or actions that, in their judgment are necessary, against any and all individuals as a result of any and all injuries or damages sustained by our son in an incident that occurred on August 31, 2001. We agree not settle, negotiate or adjust the above claim or any proceedings based thereon without the written consent of our said attorneys. NOW, THEREFORE, in consideration of the services so to be rendered by Handler, Henning & Rosenberg, we hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 1./3%) of whatever sum is recovered as a result of settlement without suit; or FORTY PERCENT (40%) in the event of arbitration, mediation or if suit if filed. We will reimburse Handler, Henning and Rosenberg for any necessary expense and costs advanced on our behalf in pursuing this claim. I also authorize counsel to destroy our file three (3) years after the case is closed. Counsel reserves the right to withdraw if, after complete investigation, they determine that there is no merit to the claim. WE ACKNOWLEDGE that we have read, approved and understood the above Contingent Fee Agreement and we acknowledge having received a copy of the same. The terms set forth are accepted. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of ~./L~ , 2001. Charles Lex, Parent and Guardian of Andrew Lex Lease Lex, Parent and Guardian of Andrew Lex (SEAL) (SEAL) VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counseL, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Lease Lex VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Charles Lex ANDREW LEX, a minor by and through his natural parents and legal guardians, LEASE LEX AND CHARLES LEX, PETITIONERS : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA KRISTINA BAUE~R, RESPONDENT · 03-5704 CIVIL TERM AND NOW, this ORDER OF COURT day of November, 2003, a hearing on the within petition to!approve a settlement of a minor's action shall be conducted in Courtroom Numl~er 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 4:00 p.m., Monday, NOvember 24, 2003. ,,'/David H. Rosenberg, Esquire For Petitioners By the Cou Edgar B. Bayle~,. :sal ANDREW LEX, a minor by and through his natural parents and legal guardians, LEASE LEX AND CHARLES LEX, PETITIONERS KRISTINA BAUER, RESPONDENT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 03-5704 CIVIL TERM ORDER OF COURT -~.-~'day of November, 2003, IT IS ORDERED: AND NOW, this (1) Approval of the settlement of this minor's claim for $25,000 for Andrew Lex, born June 13, 1986, IS GRANTED. (2) From the settlement of $25,000, a counsel fee of $6,250 and costs of $220.87, ARE APPROVED. (3) The net proceeds of $18,529.13 shall be placed in an interest bearing insured account at the PSECU, Harrisburg, Pennsylvania, in the name of Andrew Lex, born June 13, 1986. (4) The account shall contain the following notation: "NO WITHDRAWAL CAN BE MADE PRIOR TO ANDREW LEX, BORN JUNE 13, 1986, OBTAINING HIS MAJORITY EXCEPT BY AN ORDER OF A COURT OF COMPETENT JURISDICTION." (5) Lease Lex and Charles Lex, as parents and natural guardians of Andrew Lex, are authorized to sign any release necessary to effectuate this settlement, and to then settle and satisfy the docket. Counsel for plaintiff, David H. Rosenberg, Esquire, shall file with the Prothonotary, and forward a copy to this chambers, proof of compliance with this order. David H. Rosenberg, Esquire For Petitioners :sal