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Home My WebLink About07-23-82 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION FIRST AND PARTIAL ACCOUNT OF COMMONWEALTH NATIONAL BANK GUARDIAN UNDER COURT ORDER DATED 05/12/78 OF THE ESTATE OF DAVID G. ROLAND, MINOR ACCOUNT STATED FOR THE PERIOD JUNE 22, 1978 TO APRIL 30, 1982 PRINCIPAL Receipts Less Disbursements Balance Before Distributions Distributions to Beneficiaries Investments Capital Changes Principal Balance Remaining INCOME Receipts Less Disbursements Balance Before Distributions Distributions to Beneficiaries Income Balance Remaining Combined Balance Remaining SUMMARY AND INDEX PAGES 7 4 $ 15,493.73 3,745.80 $ 11,747.93 6,622.00 5 5-6 7 7 $ 1,806.83 1,190.25 $ 616.58 L'"E;) 1'1 (lir>- .,"') I:) -n ';~,...; r kuL l:tU;:J $ 5,125.93 $ 616.58 $ 5,742.51 COMPOSITION OF NET BALANCES PRINCIPAL John Hancock Mutual Life Insurance Co. No. 363770698 1/3 undivided interest Wrongful Death Action Cash and amounts temporarily invested in Commonwealth National Bank Common Fund A-I TOTAL PRINCIPAL INCOME Cash and amounts temporarily invested in Commonwealth National Bank Common Fund A-I TOTAL INCOME COMBINED PRINCIPAL AND INCOME Li~Er~ ~lU~ P~Cl (Sa 2 Account Value $ 1. 00 1. 00 5,123.93 5,125.93 616.58 616.58 $ 5,742.51 Market Value as of 4/30/82 $ 1. 00 1. 00 5,123.93 5,125.93 616.58 616.58 $ 5,742.51 Principal Conversions No Gain/Loss (continued) 3/24/82 202 units Commonwealth National Bank Common Fund A-I 4/23/82 577 units Commonwealth National Bank Common Fund A-I 10/24/78 - 4/21/82 7/21/81 - 3/12/82 *NOTE: PRINCIPAL DISBURSEMENTS Advance Mortgage Corp. - 1/3 share of payment on mortgage no. 12096768-0268 per Court Order dated 10/16/78. Payments made to secure property owned by father's estate at 607 Magaro Road, Enola, Pa., where ward and brother and sister now reside Commonwealth National Bank - guardian fee on principal Reserves: Filing fee Commonwealth National Bank - guardian fee 5% of $15,493.73 less fees on account $535.99 Commonwealth National Bank - reserve for guardian fee $2,100 based on 5% of 1/3 of $127,083.63 Wrongful Death Action* verdict, to be reduced proportionately if actual award or settlement is less than verdict, payable from proceeds of settlement Cleckner & Fearen - legal fee Knupp & Andrews - legal fee Cleckner & Fearen and Knupp & Andrews - legal fees $21,180.61 based on 50% of 1/3 of $127,083.63 Wrongful Death Action* per copy of Contingent Fee Agreement attached. Note: If no appeal filed, fee is based upon on 40% of recovery, not 50% reflected here TOTAL PRINCIPAL DISBURSEMENTS Relative to law suit carried in Principal Receipts. Li~~R ~H;;'.; r:.cc If .-~ , 1~ ;j J_ 4 202.00 577.00 $ 2,004.74 539.99 200.00 172.07 733.00 100.00 $ 3,745.80 INCOME RECEIPTS CCNB Certificate of Deposit No. 122327, % due 8/31/79 Interest $ 109.71 Commonwealth National Bank Common Fund A-I 8/01/78 - 4/01/82 Earnings 1,697.12 $ 1,806.83 TOTAL INCOME RECEIPTS INCOME DISBURSEMENTS 1/31/79 Sears Roebuck & Co. - 1/3 share well pump at 607 Magaro Road 05/31/79 12/31/79 - 1/23/80 11/18/80 1/16/80 4/15/81 - 10/01/80 7/21/78 - 4/12/82 $ 57.38 Lawrence E. Dipeto, D.D.S. - professional services 100.00 Quality Craftsman, 1/3 share renovation of bathroom and roof vents 576.76 Andrea Roland - reimbursement for 1/3 share purchase of stove 176.80 Andrea Roland - reimbursement for 1/3 cost of water heater 23.67 Internal Revenue Service - Federal income tax 250.16 Commonwealth National Bank - guardian fee on income collected 5.48 $ 1,190.25 TOTAL INCOME DISBURSEMENTS COMMONWEALTH NATIONAL BANK By: Guardia 5/12/78 of the Roland, minor .., .... .-.... . - ~.., ,-....-", /..i.~ ~..;~~ rh0L ':L,j~ LI~,~j\ ' 7 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF (Ut4BERU\ND'~f>\\\\\ ) I, Lois B. Copeland, Senior Trust Officer of The Commonwealth National Bank, accountant in the annexed Account, being duly sworn according to law, depose and say that the foregoing Account is true and correct to the best of my knowledge and belief. THE COMMONWEALTH NATIONAL BANK By Sworn to and subscribed before me '1} I ~ Sf this ~day of ~,~ A. D. 1982. 4Ch m ()!li?~ "'\'''' Notary P 1 c 10 ItV"~. ~~,.,~i,.. ~". ';11 I- ."'~s~~:t\:\,~ ~42>1.'NI)A M. MclAUGHliN, NOTARY PUBLIC / ''il'' .' ",.... eo- . ". G' ":~ HARRISBURG &AUPHIN COUNTY : ~:' c'/ ~A2"-~~. ~~OMMISSION '[)lPIRESFEB. 18, 1985 -_ . <..l ;.; ~mbtf. Pl'nn$v1vanta ASSGClatlOn of Notaries :-- or ~.....~ -:;."..J -0 ~:;;: ::. -~, .:;:- : ;' -', 'y. . '~I.,s,J< ~v.: .".9 _~ I~ '-") .. ( . \.a .' ",:" ...... , l'" .' c:;>'V ' """ 4 't'y ?~ ,,/ Ill/ ,~\' ""'''UUH'''' Li;,=~ 1.. ,: ' ,......h.. p~cc " c. ') :&'.,-,0 J~" .~) ( :. '- . . I () ;.L--_ . COLv1l10NHEALTII NATIONAL BANK, ADMINI srrRATOR OP THE ESTATE OF ROBERT W. ROLAND, SR., Plaintiff IN THE COURT OF Cm.lt.lm~ PLEAS DAUPHIN COUNTY, PENNSYLVANIA : : : v. NO. 2968. II Sill 978 : HERSHEY FOODS CORPORATION, Defendant JURY TRIl\.L m::r.1ANDED ORDER AND NON, this ~. -\- \ J~ day of ~tober, 1981, upon consideration of the Motion to Add Delay Damages and Hold the Verdic t, it is hereby ordered and decreed that the verdict in the above matter. shall l:e rnoldcdto be in favor of the plClintiff and against the d(~fendant in the amount of $127,083.63 in the. \'lrongful Death action and in the amount of $475,870.42 in the Survival action for a total of $602,954.05. BY THE COURT (\"-" V~'- ~) l\~\ r:, ,J: (~ ,...... ~_. '\ ('0, ....... ~ \\ \ \ i'''- \' \', " r,- ~ \ .....J 'l... H _f,-~__l~' ':) J. f.--..... \ /',\ h.....l~.~r.> .~. ...:.!...".."....."..19 "t) I ~c !'l(.;;'>~~,-:..v~ G~~ll' ::..: ~'I:/ tl~~:".t. '::h~..: .fc~"~,,~,~-' .'-..:- -.. .. ." ~.,,- - . or' .,... ',.. -...!~ c.:;:.:: ~.~. :~"j:~',:;g,.~):'~ '. ":': 1 ;'/:'.~::_...~_:.:.,~~;/l~:,~"~~_';l':" !~J r~. ~.!_:. ..J'\ ,..~ '_ '.~ ... ....(;~ . (. r- \- r - \ ..\ .' '\ (\ "_'~ r. :.. \.'-'\' .. '...\ ';;'";.:' ~: "":-:-;:.~ -"~ i':; "~~ .:'i, t'~:'".: ...,.~ ( c- . . " J -- ~ !~ FLUl'" ~d Opinion Letter of Colnlse1 rJTF Jlnle 14, 1978 The Commonwealth National Bank, Administrator of the Estate of 'Robert W. Roland, Sr., Deceased, and Guardian of the Heirs of Robert W. Roland, Sr. 10 South Market Square Harrisburg, Pennsylvania 17108 In re: Estate of Robert W. Roland, Sr. Gentlemen: The undersigned ar-e counsel to The Commonwealth National Bank, both as Administrator of the Estate of Robert W. Roland, Sr., Deceased, and Guardian of the Heirs of Robert W. Roland, Sr., Deceased. There has been presented to you a proposed "contingent fee agreement" per a letter dated May 18, 1978 from Robert D. Kodak, Esquire, of Knupp and Andrews. This opinion letter has been requested of us as an inducement to The Commonwealth National Bank in entering into that "contingent fee agree- ment". In this connection, we have examined the "contingent fee agree- ment", we represent to you that we are familiar with the assets and liabilities of the Estate of Robert W. Roland, Sr., that we have deter- mined that the proposed "contingent fee agreement" is reasonable under all the circumstances related to the possible claims in connection with this matter, and in the light of the financial status of the Estate of Robert W. Roland, Sr., and we have concluded that The Commonwealth National Bank, as Administrator and Guardian is fully authorized and empowered to execute the "contingent fee agreement", and the execution of such "contingent fee agreement" by The Commonwealth National Bank in both capacities constitutes a prudent and lawful arrangement for handling the claims arising out of the death of Robert W. Roland, Sr. This opinion letter is issued to you for the purpose of assuring you that this arrangement is lawful and proper and, further, that it is our interpretation of the "contingent fee agreement" that no lawsuit, nor any final settlement of any claim on behalf of Robert W. Roland, Sr. within the scope of the "contingent fee agreement" shall be initiated or finally made without prior approval and concurrence of The Commonwealth National Bank. , ~ ( C' \ 0(." J -,. . The Commonwealth National Bank June 14, 1978 Page Two Furthermore, we represent to you that, on the basis of our experience in matters of this kind, the expenses which The Commonwealth National Bank will be called upon to pay in connection with costs, filing fees, investi- gative expenses and general expenses other than attorneys' fees, should not exceed $ lq.~o_oe> In addition, we wish to make clear to you that the existence of this "contingent fee agreement" in no way contractually or otherwise obligates The Commonwealth National Bank, as Administrator of the Estate of Robert W. Roland, Sr. or Guardian of the interests of the Heirs of Robert W. Roland, Sr., fron selecting counsel for the Estate and the Guardianship in any other matters which might arise in connection therewith, if the Bank, in its discretion, felt that other counsel are required properly to represent the interests of the Bank as Administrator and Guardian. Very truly )Ours, KNUPP A1'-IO ANDREWS BY~, .-::~~ ~ and CLEC/IJ~ER AND FEAREN B~ A~ 1:fre44~ ... ./' <, CONTINGENT FEE AGREEMENT COMMONWEALTH NATIONAL BANK, Administrator of the Estate of Robert W. Roland, Sr., Deceased, and Guardian of the interests of the heirs of Robert W. Roland, Sr., does hereby nominate and appoint the law firms of Knupp and Andrews and Cleckner & Fearen as its attorneys with respect to a cause of action ar ising out of an accident which occurred Apr il 6, 1978, in Hershey, Derry Township, Dauphin County, Pennsylvania, said accident having resulted in the death of Robert W. Roland, Sr.; the said attorneys shall have full power to make any inquiries, to negotiate or settle, bring, conduct, prosecute, sue or compromise any action or suit with the concurrence of the said Bank, and to exercise and endorse any papers, checks or order on its behalf in connection therewith. For their services, Attorneys shall be entitled to a contingent fee from any recovery made or secured of 25 percent if said cause of action is settled without the institution of suit; 33-1/3 percent if suit is commenced and settlement made before or during trial; 40 percent after suit is commenced and tr ial is held and concluded by favorable verdict, and an additional 10 percent in the event of an appeal to an Appellate Court. Costs, filing fees, investigative expenses " .. , and general expenses other than attorney fees shall be paid by COMMONWEALTH NATIONAL BANK, Administrator of the Estate of Robert W. Roland, Sr. IN WITNESS WHEREOF, the said COMMONWEALTH NATIONAL BANK, Administrator of the Estate of Robert W. Roland, Sr., and Guardian of the interests of the heirs of Robert W. Roland, Sr., has caused this Contingent Fee Agreement to be executed this a~~day of .s ~ , 1978. .;~~i4~*~t~~~~~~r~~\~ COMMONWEALTH NATIONAL BANK Administrator of the Estate of Robert W. Roland, Sr., Deceased Guardian of the Interests of the Heirs of Robert W. Roland, Sr. .~ ~--= ~~--j) U~ :.. -'. :",TJ:i.n,,_ The above Agreement is hereby approved and accepted this By: ~~ day of .-{~ , , 1978. KNUPP AND ANDREWS <::) --,\.- By: ""'~....~ c::::::J " OQ The above Agreement is hereby approved and accepted this ~;;z... day of ~ 1978. --- CLECKNER & FEAREN l~-rk~ By: -2- + -- ,. f--- --- (,', (,'; 1'./, -- r. ~ E~ '~:i '. r c' f':: ( ~' >-\ :) ,- I'''''' I v ~. : ::~ )> ('": " ::0 () ;:;-' rc '-; ::0 r- ~". 0- (JJ ~ M ~. . , W z )> () ~, r," C 0 --I ^ ~.J --I ::0 Jl 0 Z 0 ;,) Gl -l ~ , \.-, I ::0 fTl ,> I, II (fl Z ;0 v J f1l 1'1 f1l H-, Z () -< ~ 7:" Z 0 (f) ;Z ? ..' :':-" T " (f) Z )> 0 , :, -< 0 --I r- " ~ (fl ~ r M ~ ~ -l )> ," Z 1] ~ )> ~ A," 1'1 ::0 f': 1", ; 1'1 o!;L )> -l M r; Z ~) : "" UJ , .-.~ r'-' a (";. r: .... C ~ ., . .".J ~. -, .. .., ,. 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