Herbert Petition

Flannery, J.,

This matter comes before the court on a rule to show cause why funds, *477payable by the turnpike commission to Robert Herbert and Catherine Herbert for the taking of their property, should not be paid to Nicholas R. Degillio, their attorney, upon a charging lien for the fees and for costs incurred in the condemnation proceedings.

Counsel for the respective parties have entered a stipulation of the facts pertinent to the issue. We shall review them briefly.

A portion of the land of Robert Herbert and Catherine Herbert, located in Bear Creek Township, Luzerne County, was condemned by…