HomeMy WebLinkAbout1982(NO DATE)
. .
~
,
,-
IN RE: ESTATE OF ROBERT
W. ROLAND, SR., DECEASED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-78-209
ORDER
In consideration of the foregoing Petition it is hereby
ordered and decreed that Commonwealth National Bank, Administrator
of the Estate of Robert W. Roland, Sr., deceased, is hereby author-
ized to borrow from the Commercial Division of Commonwealth National
Bank, the sum of $22,000.00 together with interest thereon at the
discount rate plus five (5%) percent on a fluctuating basis, interest
only payable quarterly, and principal and accrued interest due and
payable within two (2) years, evidenced by a demand note and to
collateralize said loan with the premises situate at 607 Magaro Road,
East Pennsboro Township, Cumberland County, Pennsylvania and the
verdict rendered on September 25, 1981 in the amount of $602,954.05.
BY THE COURT,
P.J.
CLECKNER III FEAREN
ATTORNEYS AT LAW
HARRISBURG. PENNSYLVANIA
'.
IN RE: ESTATE OF ROBERT
W. ROLAND, SR., DECEASED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-78-209
PETITION TO BORROW FUNDS TO
PAY CERTAIN LITIGATION EXPENSES
The Petition of Commonwealth National Bank, Administrator
of the Estate of Robert W. Roland, Sr., deceased, respectfully
represents that:
1. On April 20, 1978 your Petitioner was appointed by
the Register of Wills of Cumberland County, Pennsylvania as Admin-
istrator of the Estate of Robert W. Roland, Sr., deceased.
2. Your Petitioner, as Administrator of the Estate of
Robert W. Roland, Sr., deceased, brought a Wrongful Death and Sur-
vival Action against the Hershey Foods Corporation in the Court of
Common Pleas of Dauphin County, Pennsylvania, docketed to No. 2968
"s" 1978.
3. On September 25, 1981, after two full weeks of trial,
the jury in the aforementioned Wrongful Death and Survival Action
made the following awards in favor of the Plaintiff Administrator
and against Hershey Foods Corporation:
Wrongful Death Action
$127,083.63
Survival Action
475,870.42
TOTAL VERDICT
$602,954.05
CLECKNER a FEAREN
ATTORNEYS AT LAW
HARRISBURG. PENNSYLVANIA
-1-
t,.
. .
4. Defendant, Hershey Foods Corporation, has filed
motions for a new trial and for judgment novo
5. Petitioner entered into a Contingent Fee Agreement,
in its capacity as Administrator of the Estate of Robert W. Roland,
Sr., deceased and guardian of the interests of the heirs of Robert
W. Roland, Sr., which Agreement is dated January 22, 1978 and pro-
vides among other things, "costs, filing fees, investigative expenses
and general expenses other than attorney fees shall be paid by Com-
monwealth National Bank, Administrator of the Estate of Robert W.
Roland, Sr.".
6. Petitioner, as Administrator and Plaintiff in the
Wrongful Death and Survival Action against Hershey Foods Corporation
has incurred trial expenses in the gross amount of $24,185.16, of
which $19,219.86 is still outstanding and unpaid.
7. The only asset in the Estate of Robert W. Roland, Sr.,
deceased is the premises situate at 607 Magaro Road, East Pennsboro
Township, Cumberland County, Pennsylvania, which property is occupied
by the three surviving children of the deceased, to wit: Robert W.
Roland, Jr., Christina Ann Roland and David G. Roland, together with
said childrens' natural mother, Andrea Roland.
8. Petitioner is, therefore, unable to pay these properly
incurred trial expenses without borrowing said funds.
9. The Commercial Division of your Petitioner has agreed
to loan your Petitioner, in its capacity as Administrator of the
CLECKNER Ilo FEAREN
ATTORNEYS AT LAW
HARRISBURG. PENNSYLVANIA
-2-
...
,.
. .
Estate of Robert W. Roland, Sr., deceased, the sum of $22,000.00,
together with interest thereon at the discount rate plus five (5%)
percent on a fluctuating basis, interest only payable quarterly,
and principal and accrued interest due and payable within two (2)
years, evidenced by a demand note and to accept as collateral for
said loan the real estate situate at 607 Magaro Road, East Pennsboro
Township, Cumberland County, Pennsylvania, and the verdict rendered
on September 25, 1981 in the amount of $602,954.05.
WHEREFORE, your Petitioner prays your Honorable Court to
authorize your Petitioner to obtain a loan from the Commercial
Division of the Commonwealth National Bank in the amount of $22,000.00
and upon the terms and conditions hereinbefore set forth.
Respectfully submitted,
COMMONWEALTH NATIONAL BANK
By ,~~ '/f. Jtir~
Administrator of the Estate of
Robert W. Roland, Sr., deceased
CLECKNER 8r FEAREN
ATTORNEYS AT LAW
HARRISBURG. PENNSYLVANIA
-3-
. ~
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
Personally appeared before me, a Notary Public in and for
the aforesaid Commonwealth and County, LOIS B. COPELAND
who, being duly sworn according to law, deposes and says that she
is a Trust: Off icer of Commonwealth National Bank and as such is
duly authorized to act on its behalf, and that the facts set forth
in the foregoing Petition are true and correct to the best of
knowledge, information and belief.
;/, CY/J/;" /"
,~~ ;5T~L.f
Susbscribed and sworn to before me
this
day of
, 1982.
Notary Public
My Commission Expires:
CLECKNER II FEAREN
ATTORNEYS AT LAW
HARRISBURG, PENNSYLVANIA