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HomeMy WebLinkAbout95-07073 ,\ I..' ~;;s.~ii 2~~f;' ~'t' Ii lX:, ......,.. _ ,_,. _.J.~ i\ ~.. ., I. ~ . PLIWlIHas/ ~..J,."....I3.28.rnJ.1. DEVEN JON HARDY and BRENDEN LUTHER, Minor Brothers, by RENEE P. HARDY, their Mother and Natural Guardian, IN THE COURT OF COMMON PLEAS CUMBERLAND COllNTY, PENNSYLVANIA NO. 95-7073 CIVIL TERM CIVIL ACTION - LAW Plaintiffs v. ADIN LOUIS OTTO, JR. and JOHN F. WALTER EXCAVATING, Defendants PRABCIPB TO: Prothonotary Attached please find, pursuant to Pa.R.C.P. 2039(b) (2), proof of deposit of the settlement funds for Deven Jon Hardy and Brenden Luther in the above-captioned matter. Said accounts were opened with funds as approved by the Honorable Kevin A. Hess by Order dated January 24, 1996. HEPFORD, SWARTZ & MORGAN By: WJ(.~ Dennis Rt Sh tter Attorney 1.0. #39182 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 Date I 3- U -96 ATTORNEYS FOR PLAINTIFFS 'lIi"""*" _~OJ lllMISF[ItABll! Mnrhnnir!hura B.ron'" ".,.,.. Certificate of Deposit 800-019261 Accountholder(s): RENEE P I~RDV CUST (FIDl eRENDEN F HARDV o."qf 0",",", AlI"""II'" 1""'" R,,,,"'" AMual Il<>"qf ,.,...,oqqf 1- lal,,,,,, Ia"'- M.""'ry r,,", """"*'If E:4m....' C....".....",. 11190,"d 0." 'kid ",..4_ 03/05/9~ 100.00 03/05/02 72 HONlIlS 05.;1300 05. i!OOO I4llNTlt.V Ml!rhanirsbufQ iranf" 800-019262 Certificate of Deposit . Account"older(s): , RENEE P HARDV rUST (FIDJ DEVnl J ilARDI' DoIIqf 0","'"' MI"""""' initial 11I",...1 A"_I -of ,.,....,..,." 1- IaIa"CO lalan<< M.",,/ry r,,", P,rcttfldlf E:4m,",' C~'JL .. IIIqoftwd 0." ,,"d P" .4_ 03/05196 100.00 03/05102 72 HlJITHS 05.3300 . 05.i!OOO . IOII1LV " . \ i . . \ ,. .'r - f: ; II ~ " I t! II J~ .1....:: ( ) , I"~ J-.' 1., ~.l,. u'> -, :;J { ".1 '_;L I ,. - l..: I ". C : -':,j I " .t~ . " ,., " , . '. ;.-J '-' .., u ~ ! ::Eo 5 -... = !::- ~ III c:l eI:!6!~~ g",:.a;;:: .s~j~~1 Q - ! a "'= ;1- ~ . .. . ... . :c III , . PLIWlINas/ hardy ,..1..112, 7'9y'1. The balance of Two Thousand Dollars ($2,000.00) payable to the Minor, shall be deposited in one or more savings accounts in the name of "Deven Jon Hardy, a Minor" in a bank. building and loan association, or savings and loan association, deposits in which are insured by a federal governmental agency, provided that the amount deposited in anyone such savings and loan institution shall not exceed the amount which accounts are thus insured. No withdrawals shall be made from any such account until the Minor attains his majority, except as authorized by a prior order of this Court. Proof of the deposit shall be promptly filed of record, pursuant to Pennsylvania Rule of civil Procedure 2039(b) (2). 3. Upon payment of the aforesaid sums in the manner above described, Adin Louis Otto, Jr., John F. Walter Excavating and Penn National Insurance shall thereby be fully released from all claims which Deven Jon Hardy, a Minor, had against Adin Louis Otto, Jr., John F. Walter Excavating and Penn National Insurance by reason of the injuries he received in a motor vehicle accident that occurred on August 9, 1994. Plaintiff/Petitioner, Renee P. Hardy, and any other necessary individual(s) are hereby authorized on behalf of Deven Jon Hardy, a Minor, to execute a Release in favor of Adin Louis Otto, Jr., John F. Walter Excavating and Penn National Insurance. 2 PLIWlIHQS/hordV,..././/2,1,9s1.1. COUNT II BRDmBN LUTH.R 4. The settlement of the personal injury claim of Brenden Luther, a Minor, brought under and by virtue of the injuries he sustained in a motor vehicle accident that occurred on August 9, 1994, for the sum of Two Thousand Dollars ($2,000.00) is hereby approved as being fair and equitable. 5. The settlement amount of Two Thousand Dollars ($2,000.00) is hereby ordered to be distributed as follows: Brenden Luther, balance of settlement $2,000.00 The balance of Two Thousand Dollars ($2,000.00) payable to the Minor, shall be deposited in one or more savings accounts in the name of "Brenden Luther, a Minor" in a bank, building and loan association, or savings and loan association, deposits in which are insured by a federal governmental agency, provided that the amount deposited in anyone such savings and loan institution shall not exceed the amount which accounts are thus insured. No withdrawals shall be made from any such account until the Minor attains his majority, except as authorized by a prior order of this Court. Proof of the deposit shall be promptly filed of record, pursuant to Pennsylvania Rule of Civil Procedure 2039(b) (2). 3 PLlWllHas /hardy ,..1,/12, 7-951.(, 6. Upon payment of the aforesaid Bums in the manner above described, Adin Louis Otto, Jr., John F. Walter Excavating and Penn National Insurance shall thereby be fully released from all claims which Brenden Luther, a Minor, had against Adin Louis Otto, Jr., John F. Walter Excavating and Penn National Insurance by reason of the injuries he received in a motor vehicle accident that occurred on August 9, 1994. plaintiff/Petitioner, Renee P. Hardy, and any other necessary individual(s) are hereby authorized on behalf of Brenden Luther, a Minor, to execute a Release in favor of Adin Louis Otto, Jr., John F. Walter Excavating and Penn National Insurance. Ad- J. 4 PLWlIHas/ ~..1"r,VI2,7,')5I.1. DEVEN JON HARDY and BRENDEN LUTHER, Minor Brothers, by RENEE P. HARDY, their Mother and Natural Guardian, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA plaintiff NO. 95-7073 CIVIL TERM CIVIL ACTION - LAW v. ADIN LOUIS OTTO, JR. and JOHN F. WALTER EXCAVATING, Defendants PB~i:~~~ :~ ~PPROVAL OF SBTTLBMBNTS AND B 0 OF PROCBBDS FOR MINORS TO THE HONORABLE, THE JUDGES OF SAID COURT: The Plaintiff/Petitioner, Renee P. Hardy, mother and natural guardian of Deven Jon Hardy, a Minor, and his brother Brenden Luther, a Minor, through their counsel, HEPFORD, SWARTZ & MORGAN, petitions this Honorable Court for an Order pursuant to 20 Pa.C.S. g5103 and respectfully represents as follows: 1. Plaintiff/petitioner, Renee P. Hardy, is an adult individual who resides at 1021A West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. She is the mother and natural guardian of Deven Jon Hardy, a Minor (hereinafter one of the "Minors"), and Brenden Luther, a Minor (hereinafter one of the "Minors") who sustained personal injuries on August 9, 1994, when they were involved in a motor vehicle accident. PLWlIHOS/ ~.""'r,';12,7-9:J1.1. 2. The plaintiff/Petitioner, Renee P. Hardy, is Deven Jon Hardy's and Brenden Luther's mother and natural guardian, and has primary physical custody of uoth minors. 3. Plaintiff/Petitioner, Renee P. Hardy, as mother and natural guardian of the Minors, brought a claim against Adin Louis Otto, Jr., John F. Walter Excavating and Penn National Insurance. John F. Walter Excavating carried insurance with Penn National Insurance on the date of the incident. 4. Renee P. Hardy requests authorization, as mother and Natural Guardian, to execute a Release on behalf of Deven Jon Hardy, a Minor, and Brenden Luther, a Minor, in favor of Adin Louis Otto, Jr., John F. Walter Excavating, Inc., and Penn National Insurance. (See the Releases, attached hereto, marked Exhibit "A" and incorporated herein.) COUNT I DI!:VBN JON HARDY 5. Deven Jon Hardy sustained a contusion of the face and suffered temporarily from headaches due to the accident. He has recovered with no residual problems. All of his medical expenses for treatment of injuries sustained in the accident of August 9, 1994, have been paid. Deven Jon Hardy's date of birth is September 10, 1990. He resides with the Plaintiff/Petitioner. 2 PLIADIHas/ ~...JW.p,';n,7,"s/,t. 6. Penn National Insurance has offered to pay Two Thousand Dollars ($2,000.00) for the Minor's claim arising from his injuries. 7. The plaintiff/Petitioner considers the offer of Two Thousand Dollars ($2,000.00) to be a fair settlement and she believes that it is in the best interest of the Minor to accept that offer. 8 . The following are the medical expenses accrued as a result of treatment Deven Jon Hardy received for the injuries he sustained in the accident: Lower Allen Township Emergency Medical Service $270.00 $148.50 Harrisburg Hospital Total I $~18.50 All of said expenses have been paid. 9. The plaintiff/Petitioner retained Dennis R. Sheaffer, Esquire, of the law firm of HEPFORD, SWARTZ & MORGAN, to represent the Minor, and they entered into an agreement with said attorney under which said attorney is to be paid Thirty-Three and One-Third Percent (33-1/3%) of any settlement for professional services rendered. Additionally, said fee agreement provided for the 3 PLIlADIHGS/ ~..J"I..';IU,9s1.1. payment of costs advanced and incurred by the attorney. HEPFORD, SWARTZ & MORGAN has agreed to waive their fees and collection of costs in this case. (See HEPFORD, SWARTZ & MORGAN ATTORNEY'S AGREEMENT, attached hereto, marked Exhibit "B" and .incorporated herein. ) 10. The balance of Two Thousand Dollars ($2,000.00) payable to the Minor, shall be deposited in one or more savings accounts in the name of "Deven Jon Hardy, a Minor" in a bank, building and loan association, or savings and loan association, deposits in which are insured by a federal governmental agency, provided that the amount deposited in anyone such savings and loan institution shall not exceed the amount which accounts are thus insured. No withdrawals shall be made from any such account until the Minor attains his majority, except as authorized by a prior order of this Court. Proof of the deposit shall be promptly filed of record, pursuant to Pennsylvania Rule of civil Procedure 2039(b) (2). COUNT II BRENDEN LUTHER 11. Brenden Luther sustained scratches on his abdomen and had temporary complaints of pain in his left shoulder, mid to lower back, and left knee due to the accident. He has recovered with no residual problems. All of his medical expenses for treatment of injuries sustained in the accident of August 9, 1994, have been 4 PLIWlIHas/ ~..1"1"1I/2.7,951.1. under which said attorney is to be paid Thirty-Three and One-Third Percent (33-1/3\) of any settlement for professional services rendered. Additionally, said fee agreement provided for the payment of costs advanced and incurred by the attorney. HEPFORD, SWARTZ & MORGAN has agreed to waive their fees and collection of costs in this case. (See HEPFORD, SWARTZ & MORGAN ATTORNEY'S AGREEMENT, attached hereto, marked Exhibit "B" and incorporated herein. ) 16. The balance of Two Thousand Dollars ($2,000.00) payable to the Minor, shall be deposited in one or more savings accounts in the name of "Brenden Luther, a Minor" in a bank, building and loan association, or savings and loan association, deposits in which are insured by a federal governmental agency, provided that the amount deposited in anyone such savings and loan institution shall not exceed the amount which accounts are thus insured. No withdrawals shall be made from any such acco~nt until the Minor attains his majority, except as authorized by a prior order of this Court. Proof of the deposit shall be promptly filed of record, pursuant to Pennsylvania Rule of civil Procedure 2039(b) (2). WHEREFORE, your Plaintiff/Petitioner respectfully requests the Court to enter an Order pursuant to the Probate, Estates and Fiduciary Code, 20 Pa. C. S. ~5103, approving distribution of the proceeds as requested herein, and authorizing the execution of a 6 VLaAIltHas/ ~.,J"I..VI2, 7,9s!.1. Release on behalf of Deven Jon Hardy, a Minor, and Brenden Luther, a Minor, in favor of Adin Louis Otto, Jr., John F. Walter Excavating, Inc., and Penn National Insurance. Respectfully submitted, HEPFORD, SWARTZ & MORGAN Dated: I It f./t'/tJ, I I 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF/PETITIONER 7 Parents' Release and Indemnity Agreement KNOW ALL MEN BY THESE PRESENTS That .........~~n.t;!.~_~:....!~.:.!!X____..._.._...~ UIC ............_...__._.__.__...____..___~ indh'iduall)' and as Ihe paren_lncl nalUral guardia~of ._..l&'mn..lZgn.l!.~.._..__....__ In infant aged._2..__Years who residq with ~ If .!9nl'..W.Trindle Rd., tor and . , ~\cchanTc:'ii'iiirg, PA 'm~ . in considemion ot the sum ot.._-'&2-Tb9uf!2!~L_..___Oollars (Sa,ooo.oo ), and at Of her good and valuable consideralilln, lhe receipt whereot is hereby acknowledged, do, jointly Ind severally for~ and for said intanf: I. Release and forever dilcharge..._I'l?ln..~tl!..Q.t:.tp..t..:!E,~,.:!.~...f..: Walter ~~~~ng, , Inc. hi. or their heirs, administrato.s. SU"o.SOrJ and aSllilf1s, lInd ail other pers.,n., tirm~, or corpora- lioas who or which ate or might be liable in fhe premises, tram any and all claima at any kind or character which ~ at said infant have or mighr have apinlt him or them, especially becaule ot all damqcs, JOIICS Ot injuriCil fO person or property or both, whether developed at unde- veloped, resulting or to result from an accident which occurred on or about fhe__1ttI ..----.._-:__day of _.l\u9Ufilt _____, 19.2L. at 1ill.OOll '4rlis1e Pike. ~ HQ1.._at abour..li~2 _...f...M. z. Hir~by arree to indemnity and hold forC'Yet harmlcsl lhe said .Min.J.mLi&.,gj;~..ilL and ~~..l'.Wi~.~~atingL.. trom and liainu any and ail claims and acrion. which hereafter Inc, i It Iny ame may be made or instifUfed apinn fhe said J)!!!!l.,~~..!L~_Jr, 'ffid Jol!!..f~..!i'!}.ter Excavating, Inc. me by Iny one for fhe purpole ot enforcing a claim tor damages sustained by lQI(or by .aid infant resuhing from Ilid Iccidenf. WITNESS ~ hand. and seall this_,___day of .__ , 19..l6.- Witness: -----------.--..----..--------.... Renee1>>7-ilaray------- L. S. _L. S. .-----------....-....---.--.....-. ....--..---.---------- STATE OF ....E~~X!:.~u..__..... ] II. : COUNTY OF ~!JE!1ru....._..._,..._ On this ..-..-..__day at ,..-.--..-........-_....19.9.6...., betore me personally came ...~ll!t.r.....Utl,r!i\y.....tooJy.i9w.Ll.l:t..i!Il!Li!n..l?R.1;~t..AW..M.t.~-W'l'1;lj <lD lJ! .!I<"/f'D Jcn.JIiu:~, fo me known and known ro me 10 be che personlCdescribed in and who e."Cecufed the wirh:n in- mument, and sb3 duly SlElo-n\b.r acknowledge:! 10 me that she executed lhe same of her, own trce will and accord, and lhat before such execution the various provisions thereot had been specilically called 10 her mention and explained 10 her, and that she fully underslood each and every one of Ihcm. -0''''' IO.U. .......-.----.-. ----.-.--.--.--..--- N'..... "'..ff, Parents' Release and Indemnity Agreement KNOW ALL MEN BY THESE PRESENTS That ~__~~!!.':.!U~:....~!!!.~~__~____ r.l\jC ...-...-...--._.._.__n____ ' ---- indh'iduall)' and as rhe paren~aliii namral guardia/IPCof '__!!.':~en Luther _______ an infane aged.-Jl..__years, who reside. wich ;1at...l.QIlJl W.Trirdlo ru-I., , for and in coruiderarion of rhe sum oL~9...!.housnnd_ Mocllilfl011~~s1$i!~'bob:0J56 ), and of orher good and valuable considerarion, rhe receipl whereof is hcreby .1cknowlcdged, do, joinrly ntysel.f and se\'crally fOI ~ and tor laid inh.nl: I. Rc!elfe and tarc"e~ di"harge..~.Qtto. ..l1:...-'lIld..Jchn..L..Wa1tL'.r Rv""VaHng, 100, his or cheir heirs, admini~rraro.5, SU'C~lOrs and as.,il:r.s, ;lnd all or~er per.m',. lirrn~. (lr corpura- rioas who or which are: or mighe be: liable in fhe: premises, from any and all claims of any kiad I or characeer which lIll& or said in fane have: or mighe have: againsr him or man, especiaJly because of all damages, lo..es or injUries co person or prope:rty or borh, whe:ther dev~lopcd or unde- veloped, resulting or ro result from In accidene which occurre:d on or about the_ Ll:I1-__-:__day of _AuClUst ----I 192L-. ae SROll Carlisle Pike. ~ Hil:r.._lt abouf 1:12 .L...M. PA :z. Here:by agree to indemnify and hold forever harmless che: said l':flln..boui/3 otl;Q~~ and .Tnhn '" W:>l""r, Rv,.,..,,,Hng,_ from and againn any and all claims and acrions which hereafter It any time may be mld:~~'in.tifUte:d Ipinn the: said Jldln TqW.S otm.....Jl.r. and John F, Walter Excavating. Inc, me by anyone for fhe: purpose: of enforcing a c1lim for damages su5tame:d by III: or by said infant resulting from Ilid Iccidem. WITNESS :x handlelnd se:all this- day of . . J9~ Witnesl:' ------------------- Renee P. llardY--- - L. S, _L, S. -----------..---------- .---- ---- STATE OF P.!WfilltYlm!IL....__..._ ] . a: COUNTY OF .Jl!I.Y.!'LUJL._u_._._ On this .-.._._day of ... -"'---%9JL6..., be:fore me personally came ~,~.l'.,..Iii\rdy, In;1j,yJdllilUy..4\Ud..aa.J1ilrnnt ilW Jl<'ltllrul..t;lJ,,,mi,m...cf.l\rnnd,,n .LIJ.th<>r, to me known and known ro me to be: che persoQf describe:d in and who e.uc:ured rhe within in- Ilcumenr, and she duly severally acknowle:dged ro me: thar she execured the ume: of her, own free will and accord, and Ihar before: such excc:ution the various provi.ion. rhe:re:of had be:en specifically called to' ror attention and explained to Itlr, and rhat she fully und~nfood each and e:v'e:y one: of rhem. 'Or_ 10.2.. -..--- EXHIBIT "1\" H.&8... Pat.u. ..f .. ( (' LAN OFFICES HEPFORD, SNARTZ , MORGAN ATTORNEY'S AGREEMENT THIS AGREEMENT, entered into this ~l. day of /\v,~'r , 19~, by and between HEPFORD, SWARTZ /; MORGAN, Attorneys-at-Law (hereinafter "Attorney"), and Robert Hardy and Renee P. Hardy, individually and as guardians for Ilrendon Hardy and D.J. Hardy, (hereinafter "Client"). WIT N E SSE T II That Attorney, for the consideration horeinafter atipulatp.d, hd:J undertaken and doea hereby undertake ilnd agree with Client to act 115 legal counsel in negotiatlng a set.t.lement, and If the same is not affect.ed, in bringing, conducting and prosecuting an action aguinst all responsible partie3 to recover darr.agec for porsonal injuries to me which occurred on or about 8/9/94 ATTORNBY FEB I In consideration for services so rendered by Attorney, it is hereby agreed by and between the parties hereto that Attorney shall be compensated as followsl (a) Thirty-three and one-third (33 1/3%) percent of gross recovery if the caae is settled before jury aeloction in a jury trial case, befot'e commencement of trial in a non- jury trial case, or before the commencement of the hearing in a matter first heard by arbitrators; or (b) Forty (40%) percent of the gross recovery if the case ia settled, proceeds to trial or if a gross recovery is obtained in any other manner at or after the aelection of the jury in a jury trial case, after commencement of the trial in a non-jury trial case or after the commencement of the hearing in a matter firat heard by arbitrators. "Gross recovery" shall mean the full amount of settlement proceeds or the full amount,of verdict, including any prejudgment interest, without reduction for expenses or coats advanced or incurred. Attorney shall have a lien on any sum or sums recovered, whether by settlement or judgment, for aervices rendered, coata advanced and expenses incurred under this Agreement. If for any reaaon the services of the Attorney are terminated, either by the Attorney or by the Client, Attorney ahall have a right to be comperillated for the reasonable value of the services provided to Client. The roasonable value of the Attorney's EXIIIDJ'r "n" ( (" services shall be the greater of the amounts determined as followsl By applying the hourly rates ordinarily charged by the Attorney during the time of Attorney's representation to the time expended by Attorney in this matter; or (b) Thirty-three and one-third (JJ 1/3%> percent of the highest offer to settle Client's case received prior to termination. (a) The right o( Attorney to receive any such compensation will be contingent upon Client obtaining a J:eco'/ery ill this case by settlement, veruict cr otherwitle. EXPENSES OF LITIG~TIONI Any necessary and reasonable CObts advanced by Attorney in the preparation and presentation of Client's claim, and all expenses attendant thereto, shall be the responsibility of the Client to pay regardless of the outcome of the case. Attorney shall be reimbursed for said costs and expenses upon billing Client or from the proceeds of any recovery. Attorney may apply any funds held in escrow on behalf of Client to the costs and expenses of litigation. SETTLEMENT PROVISIONS: All offers to settle, adjust or compromIse the above claim shall be reviewed between Client and Attorney before any such offer is either accepted or rejected. Client further agrees to consider seriously any recommendation for settlement made by Attorney and not to unreasonably withhold consent to such settlement recommendation. DISCHARGE OR WITHDRAHALI In the event that Attorney subsequently determines that the claim or suit lacks merit, or Client unreasonably withholds consent to any bona fide settlement recommendation made by Attorney, or Client refuses or fails to cooperate with Attorney, or Client conceals or misrepresents facts regarding the above claim, or Client commits a breach of this Agreement, Attorney shall have the right to terminate his services upon giving reasonable notice to Client. ... - _\-. VERIFICATION I, Renee P. Hardy, as Parent and Natural Guardian of Brenden Luther, a Minor, verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, iniormation and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ,C}. \l'!; fr. 1r In '- -- r-J~ M E; - C) !:j..~ '1 .'- (~\l<: ~n ,'- '_J;',. ~;~: ll- (:'1~j g' " - ! : r- ; .~,., J".- iy'::,: , 1'1 .... "im 4 r'~ ....1: 1(')'1. -1 ~~ 15 \() cl U' :;: ~ Ii la !~1~~~ .~E ,61 j~,-~~ I ~ I ~ = II: " ~ . , . , . JM. , , iJ::Jll &t- . ~ N .... In ~- 7 1- .. .. 5" ~9 ,,) . '. " -,' , i~ - u.' ... " 0.- '");,J r: -~ - N ::!.~~') u... , 41:1,.. . l-'J :.~ ii1~ j,. ~l" ...~ rr' , r~ -, ~ I:i \J) 0' ~ i ~ ~ iL :Ie E~ j~ III fi S ~ I:!s~... .i~~6;:1 jlll!O:~ Q ~ ,; III - ~ l- S! - ! .. , ... = ::c . '-. ~ .,.., ~ -. .-- '<J ~ ~ N [:; ~~'~ N ~ \" r .. get; - Q - ?;: ~ jf::> ~ ~ ~ G~ ~ "'"' , ft} N ;.(fl r\ 1"'\'"') f~~ rf) - III u ~ ('l F l,..J ~. c.. r- Co ~ In a ~ 0' ~ , -l " ~ ""'-- ~ ~.) - ~r:Q .. ~ 5 !- ~= r::t:! e.-s~&ii ~~,UH: ~~=o~1 .. (/) ! a; II: . z oj Q - ! ~ = 2'" ... . .. . ... . = III ~ l o. .. "