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Home My WebLink About09-11-87 " ~, ~'1O t> t' ... p ,~ it fi' " CXXJRl' OF COMMON PLEAS OF CllMBERIAND OXJN'I'Y, PENNSYLVlINIA ORPHANS I CXXJRl' DIVISION E'SI'ATE OF ROBERI' W. ROIAND, SR., DECEASED lATE OF OOROUGH OF ENOlA FIRST AND nNAL ACCXJUNl' OF THE ~ ~ONAL BANK, AIMINISTRATOR Date of Death: April 6, 1978 Letters Granted: April 20, 1978 First ~lete Advertisement of Grant of Letters: Patriot Evenin;J News - May 12, 19 & 26, 1978 cumberland law Journal - May 12, 18 & 26, 1978 stated to July 31, 1987 will No. 21-78-209 Purpose of Account: Cammonwealth National Bank, Administrator, offers this Account to acquaint interested parties with the transactions that have occurred during its administration. It is i:mportant that the Account be carefully examined. Requests for additional infonnation or questions or objections can be discussed with: commonwealth National Bank P. O. Box 1010 Ha=isburg, PA 17108 lois B. Copeland, Senior Trust Officer (717) 780-3043 OR Cleckner & Fearen 31 North Second street Ha=isburg, PA 17101 (717) 238-1731 AC.62 , 1'1'-; '" r ~ r.>::;; BGuK I rilL: fiu.J ~ ~ , ir.. Principal Receipts Net Gain On Conversions Adjusted Balance Less Disbursements Balance Before Distributions Distributions To Beneficiaries Investments Principal Balance On Hand lliCXJME Receipts Less ni.sburse.ments Income Balance On Hand Combined Balance On Hand r'\ t\ r SUmmarv Of Account Paqes 3- 4 4 5- 8 8 9 8 10 10-12 13 BOOK 117 P^GE 436 2 $140,373.37 9.300.00 149,673.37 134.738.14 14,935.23 965.00 $ 7,534.05 6.098.97 .,'J' r; $ 13,970.23 1.435.08 S 15.405.31 1. # ,~ t,1 .p " IS: " Principal Receipts Per copy of Inventory attached $ 46,266.99 Adiustment 1b Inventor\' Adjustment to CCNB Checking Account #7480643, Item #7 on Inventory Balance received after outstanding checks $ 22.40 Inventoried at 1156.50) (134.10) Subseauent Receipts 07/18/78 Death benefits received from Social Security, forwarded by funeral home 03/12/79 !Dan from Charles W. Roland as Trustee 05/17/79 Refun:l from 1978 Federal Personal Income Tax 06/30/82 Canunonwealth National Bank - loan prnoe><'<'lc: 07/15/82- Cash from COllImOnwealth National Bank, Guardian 07/16/84 of Estate of Christine A. Roland - advance to pay mortgage 08/15/84- Cash from COllImOnwealth National Bank, Trustee 08/15/86 under Agreement of Christine A. Roland - advance to pay mortgage 07/15/82- Cash from COllImOnwealth National Bank, Gual:di.an 08/15/86 of the Estate of David G. Roland - advance to pay mortgage 07/15/82- Cash from COllImOnwealth National Bank, Trustee 08/15/86 under Agreement of Robert W. Roland, Jr. - advance to pay mortgage 04/26/84 American Home Insurance Group - settlement p~c: per Settlement Agreement and Court Order* 255.00 6,000.00 518.00 22,000.00 1,227.11 1,231.27 2,458.14 2,458.50 58,009.19 *Estate sued Hershey Foods Corp. for wrongful death and survival claim of 0.......,"<:00. Claim settled for $346,394.00 and disbursements made in accordance with Court approval, Order attached. BC!], 117 PAGE 437 3 " , . 'f J ." T"'." ~~.- 'f .(oj " Princioal Receipts (Continued) 07/24/87 Reimbursement of Real Estate CountyjTownship Taxes - 607 Magaro Road, per settlement sheet Total Principal Receipts 83.27 $140.373.37 Conversions Into Cash Gain Loss OS/24/79 Motorcycle, 1973 Honda Account Value $ 1,200.00 Proceeds 850.00 $ $ 350.00 12/03/84 Automobile, 1972 Chevrolet Iropala Account Value $ 750.00 Sold to Andrea Roland, JIIOther of beneficiaries, via Note for $750. Note forgiven by beneficiaries 0.00 750.00 07/24/87 Real Estate at 607 Magaro Road, Enola, Fa., sold to ~in G. and IDrraine C. O'Neill Proceeds $ 49,900.00 Canying Value 39.500.00 Total Gain and Loss Less lDss 10.400.00 $ 10,400.00 $ 1,100.00 (1.100.00) Net Gain On Conversions $ 9.300.00 Conversions Into Cash - No Gain Or IDss Commonwealth National Bank CoImnon Fund A-2 09/12/78- 30,695 units 08/26/82 $ 30,695.00 Master Reserve Trust - CoImnonwealth National Bank Goverrnnent Portfolio 05/02/84- 54,167.21 units 05/09/85 54,167.21 Dreyfus Goverrnnent Cash Manaaement Series OS/21/85- 53,900.68 units 07/28/87 53,900.68 /. .,"" p',r'E ,t?8' BGGK l..t { "" ~~ 4 ~ l "".. " ..;:."t , Principal Disbursements 04/27/78 CUlI1berland law Joumal - legal advertising $ 10.00 05/15/78 East Pennsboro Township - sanitation service for quarter ending 3/31/78 12.00 05/15/78 PP&L - electric service 3/29/78 to 4/27/78 89.51 05/15/78 Bell Telephone - telephone service and equipment 4/1/78 to 4/30/78 7.21 05/18/78 Sammons Communications, Inc. - cable service for 4/78 7.02 05/30/78 Patriot-News Company - legal advertising 34.95 06/06/78 CUlI1berland law Joumal - legal advertising balance due 8.00 06/06/78 Harry M. wimer - appraisal of personal property at 607 Magaro Road 30.00 06/06/78 William J. Caylor - appraisal of real property at 607 Magaro Road 125.00 06/30/78 Robert B. Fackler - funeral expenses balance due 160.00 08/22/78 Mr. K. Ginter - Real Estate School Tax for 1978 on 607 Magaro Road 205.80 04/06/78- lDmas & Nettleton (fonnerly Advance Mortgage Coq>~- 07/24/87 mortgage payments, including escrow for taxes and insurance 9,911.96 10/02/78 Rays Sporting Goods - appraisal of motorcycle 11/21/78 George Geiger Reporting Service - professional service re litigation 10.60 208.60 11/27/78 Patriot News Company - advertising motorcycle for sale 7.50 01/16/79 Register of wills - filing costs Inheritance Tax Return 6.00 02/13/79 Register of wills - filing costs for Inventory 03/22/79 Patriot News Company - advertising motorcycle for sale 3.00 7.50 03/26/79 Bob's Indian - battery for motorcycle 42.08 A ,,5 '')9 BGOK .11 i PI,GE 4..>' -T " ;' , i j , '. Il\ .,~ '" Principal Disbursements (Continued) 03/27/79 Fry Communications - advertisin;J motorcycle for sale 04/30/79 Register of Wills, CUmberland County - filin;J fee, Supplemental statement of D:lbts and Deductions 05/16/79 '!he Guide - advertisin;J motorcycle for sale 05/16/79 The Paxton Herald - advertisin;J motorcycle for sale 06/06/79 Cedar Cliff Texaco - storage and maintenance for motorcycle 07/25/79 Register of wills - Pennsylvania Inheritance Tax 08/21/79- Charles W. Roland - loan re payments 08/25/81 01/04/80 George Geiger Reportin;J Service - deposition for litigation 05/12/81 Cleckner & Fearen - partial reill1bursement of litigation expenses 06/09/82 Register of wills - fee for one short certificate 06/30/82 Commonwealth National Bank, Guardian of Estate of Qlristine A. Roland - reilllbursement 1/3 share cost of Court transcript 06/30/82 Connnonwealth National Bank, Guardian of Estate of David G. Roland - reill1bursement 1/3 share cost of Court transcript 06/30/82 Commonwealth National Bank, Guardian of Estate of Rebert W. Roland, Jr. - reill1bursement 1/3 share cost of Court transcript 07/08/82 Register of Wills - payment for one short certificate 07/08/82 Cleckner & Fearen - reillIbursement of litigation expenses 07/08/82 sil C. Bozzacco - payment for litigation expenses, expert witness fee 07/08/82 Investigative Consultant Services, Inc. - payment for litigation expenses 10/26/82 Connnonwealth National Bank, Mortgage Dept. - reilnburse- ment of filin;J fees on second mortgage re loan 6 BGGK 1i7 PhCE 4AO 5.00 3.00 2.50 1.00 85.00 3,268.78 2,500.00 756.70 4,000.00 2.00 640.00 640.00 640.00 2.00 4,931. 70 6,895.00 8,253.30 22.00 ">' '" 'i . r' 1 ..... 't., PrinciPal Disbursements (Continued) 08/09/84 FMA Insurance Company - fire insurance prenU.UlII, 607 Magaro Road 04/30/84 Charles W. Roland, Trustee - payment for balance of loan to Estate 04/30/84 Commonwealth National Bank - principal payment in full for balance of loan to Estate 11/14/85 Col'l'nronwealth National Bank - Administrator's fee generated by extra efforts of litigation described above 0l/13/86 Register of wills - filing of SUpplemental Inheritance Tax Return 07/05/86- William P. Hoover - Yard work and removal of all debris 05/06/87 and appliances fram house at 607 Magaro Road, Eno1a 07/24/87- Expenses as per settlement sheet on sale of real 07/27/87 estate at 607 Magaro Road, Eno1a: 0Jmber1and Coilllty Tax Collector - pro rata share of School Tax, 1987 $ 32.51 0Jmber1and Coilllty Recorder of Deeds - for 1% Transfer Tax 499.00 Century 21 Breneman & Rernax - for 6% carnmission 2,994.00 Bowers Pest Control Sendce 35.00 East Pennsboro ToWnship - trash removal 346.85 Eichelberger Well Drilling - chlorinator and water ratability test 736.18 Lamas & Nettleton - IIIOrtgage payoff 8.097.12 07/24/87 0Jmber1and Coilllty Register of wills - one short certificate per phone request 07/27/87 Register of Wills, OJmberland Coilllty - balance due on Inheritance Tax ilrposed because discounted litigation value not a=epted 07/27/87 Cleckner and Fearen - legal services re Workmens Compensation litigation and settlement, and eviction proceedings, re 607 Magaro Road per statement .; '''''j 7 · · -'I BGOK Ll, PIM {i'l~ ., 337.00 3,500.00 22,000.00 28,250.00 10.00 658.00 12,740.66 2.00 6,394.07 13,561. 70 ,\, .>, T T .' , . Principal Disbursements (Continued) :Reserves : Christine A. Rolani - 1/3 of family exerrption David G. Rolani - 1/3 of family exemption Robert W. Rolani, Jr. - 1/3 of family exerrption Cleckner ani Fearen - legal fees for filing Aocounting Filing costs Commonwealth National Bank - fee as Administrator Total Principal Disbursements PrinciPal Distributions $ 666.67 666.67 666.66 500.00 250.00 1.000.00 04/08/78- Tangible Personal Property - delivered to Christine A., 04/10/87 David G. ani Robert W. Rolani, Jr. Total Principal Distributions PrinciPal Balance On Hand Dreyfus Government Cash Management Series Balance Before Reserves Less Reserves Principal Balance On Hand 8 -' j >-i P , A ~ 2 BGO,. 1. _ ( He -Fie, current Value 7/31/87 $ 17.720.23 $ 17,720.23 13.750.00) $ 13.970.23 " 3.750.00 $134.738.14 965.00 $ 965.00 Carrying Value $ 17.720.23 $ 17,720.23 13.750.00) $ ]3.970.23 , '. 'J' f. ...:; , f -. '. b t 4 Principal Investments Ccmmonwealth National Bank Common Fund A-2 07/05/78- 30,695 units 07/01/82 $ 30,695.00 Master Reserve Trust - Ccmmonweal th National Bank Goverrnnent Portfolio 08/26/82- 54,167.21 units 04/16/85 54,167.21 Drevfus Goverrnnent Cash Manaaernent Series 05/09/85- 70,987.43 units 08/15/86 70,987.43 BGtJK il? pm -1.43 9 " i 'r, c, '" .-j r Income Receiots 01/09/85- Rent on 607 Magaro Road, Enola (with the exception 06/10/85 of this pericxi, no rent was collected because property was occupied by beneficiaries or by licensees of beneficiaries without rent being charged) CCNB savinos Account #0060605029 07/03/78 Interest Cammonwealth National Bank Cammon Fund A-2 09/12/78- Earnings 08/26/82 Master Reserve Trust - Cammonwealth National Bank Government IUrtfolio 09/02/82- Interest 05/31/85 Master Reserve Trust - Cammonwealth National Bank Monev Market 05/08/84- Interest 05/31/85 Drevfus Cash Manaqement Series 06/05/85- Interest 10/03/85 Drevfus Government Cash Manaqement Series 06/06/85- Interest 07/03/87 Total Income Receipts Income Disbursements 05/18/78 David Carr Agency - liability insurance premium on 607 Magaro Road 07/17/79 Pennsylvania Deparbnent of Revenue - 1978 Pennsylvania Fiduciary Income Tax 10 BG0ri i17 PI.GE 444 " $800.00 16.33 1,671.28 2,870.28 131. 01 90.08 1,955.07 S 7.534.05 $ 35.00 8.99 , , . "I ;- i,I. Income Disbursements (Continued) 07/26/79 :Register of wills, Cumberland County - interest on Inheritance Tax 07/17/80 Pennsylvania Deparbnent of Revenue - 1979 Fiduciary Income Tax 07/15/81 David Carr p,qency - payment for 3-year blanket liability insurance on 607 Magaro Road 07/13/81 Pennsylvania Oepartn\ent of Revenue - 1980 Fiduciary Income Tax 07/15/82 Pennsylvania Department of Revenue - 1982 Fiduciary Income Tax 01/26/84 FMA Insurance Co. - payment of liability insurance premium on 607 Magaro Road, Enola 04/30/84 Carranonwealth National Bank - final loan interest payment to 4/30/84 05/03/84 C1larles Roland - payment of 6% interest re loan to Estate 10/26/84- Marsh & Mclennan - payment of liability insurance 12/31/85 premium on 607 Magaro Road, Enola 01/17/85 Factory service Company, Inc. - installation of cook top and wall oven at 607 Magaro Road, Enola 05/30/85 District Justice Edward T. carl - landlord/tenant actions, 607 Magaro Road 06/26/85 District Justice Edward T. carl - eviction proceedin:Js, 607 Magaro Road 07/12/85 Pennsylvania Department of Revenue - 1984 Fiduciary Income Tax 03/18/86 W. G. LeVan - installing locks and winterizing property, 607 Magaro Road 06/02/86- William P. Hoover - lawn maintenance, 607 Magaro Road 06/16/87 06/03/86 united IDcksmi.ths, Inc. - knob sets, 607 Magaro Road 06/23/86 Lester G. Connor - real estate appraisal fee, 607 Magaro Road BOOK 117 PIM 445 11 ., 104.70 9.77 32.42 7.39 7.61 5.40 982.77 1,297.53 221. 00 164.14 42.50 25.00 4.35 15.00 315.50 33.71 150.00 , "i f 1'"1. ., Income Disbursements (Continued) 07/09/86 Internal Revenue service - 1985 Federal Fiduciary Income Tax 07/09/86 Pennsylvania Dept. of Revenue - 1985 Fiduciary Income Tax 10/03/86- Johnson & Higgins - fire and liability insurance to 02/20/87 9/30/87, 607 Magaro Road, Enola 07/01/87- w. s. Carey - repaired electrical system, broken 07/17/87 fixture and repaired heating system at 607 Magaro Road 07/16/87 Dillsburg septic service - septic tank service and inspection, 607 Magaro Road 07/24/87 Lamas & Nettleton - interest @ 6% on $8,097.12 mortgage balance, 607 Magaro Road 07/24/87 Lamas & Nettleton - satisfaction fee on 607 Magaro Road - payoff 07/27/87 Register of wills - interest portion of Inheritance Tax liability to May 20, 1987 - estate disputed iltposition of tax on litigation value without discount Reserves: Additional interest on Inheritance Tax liability from 5/21/87 to date of payn-ent on 7/27/87 $ 125.00 Commonwealth National Bank - commission on income collected 452.04 Total Disbursements Of. Income BGOK 117 PAGE 446 12 . 58.68 2.61 226.20 429.71 115.00 40.49 12.00 1,174.46 577.04 S 6.098.97 ~ i .. . ';' ,. cx:lMMONWFAIIIH OF PENNSYLVANIA ) OXJNTY OF IlAIlPHIN ) aJMM::lNWFAIJIH NATIONAL BANK, by LOIS B. CDPElAND, Senior Trust Officer, Administrator of the Estate of Rebert W. Roland, Sr., deceased, hereby declares under oath that it fully and faithfully discharged the duties of its office; that the foregoing First and Final Account is tnIe and correct and fully discloses all significant transactions occurring during the acccn.inting period; that all known clailns against the Estate have been paid in full; that, to its knowledge, there are no clailns now outstanding against the Estate; and that all taxes presently clue fram the Estate have been paid. 'mE cx:lMMONWFAIIIH NATIONAL BANK By~Lt~ Senior Officer Sworn to and subscribed before me this dJ//7 day of ~~-7~ A.D. 1987. ,:",,,>(I1f:/ff/ r ~dJ1ff- .,"''\" T "'f;." Notary ':PUbl1.c ~.." .'~(~ '.....;.I.I.Ll;.:;;:. ./~: :>;.:::.".: ":::~~.>~:!it% .. .~.' . ..-' "'~'- <:A..... ... \:~~;;!;~~f~!J ~ '~fy r't\/~ ........ ...,-r-,......,.~.i'. MICHElE T. C~_M~CCI. !IOTARY PUBLIC HARRiSBURG. OAUPHI~ COUNTY MV COMMISSiON EXPIRES JULY 31. 19&9 Me-mber. PenMyt\'sni3 AssGei~Uon of Notaries 14 "C '" A -I >-;. '" 4.... b )1;" .l_ P,\GE '1: _ ( , , .. :i. , c Income Balance on Hand current Value can:ying 7/31/87 Value Dreyfus Government Cash Management $ 2.012.12 $ 2.012.12 Balance Before ReseJ:ves $ 2,012.12 $ 2,012.12 Less ReseJ:ves (577.04) (577.04) Total Income Balance on Hand ~ 1.435.08 $ 1.435.08 THE CXl'Jl.K)NWElII.JIH NATIONAL BlINK, AIMINISTRA'IOR OF THE ESTATE OF ROBERI' W. ROIAND, SR., DECEASED By~t:r~ Be'DK i 17 PtlCE 4:.18 13 r ',' ,~ t... Inventory of th'e'reol all'd personal estate of "A'-"'""~""";"""'r;",- .... -"-'. -'.,.,....- ~'?'"':1;,tt~~~j~_J:~~~.,./~!'.~?,{';r~.'/~<l..?:.~~~?hf>i!in.;~'..-b.e~ ~1n;"f'If.!:,- -nA;I~and-.(a:,S- ;~j...~.....~...x,."i'lI.-~......1<._;.H'~. .. ,_',,_-, "__,"'~', '_" ," . -' " -,,' :7.r\U- r~",'1'-!:"._rvJ,t. .,---~ I_".-'.'--~~'-""""_..""'~"-'" :'#~e.'~~~i(t~:;'-h~"1': '-':~)~'~>~~1'~t"'~'" ~,~:...~ .,;.:~.,?,." ~. REAL ESTATE 1. Property situate and known as 607 Magaro Road. Enola, Cumberland County, Pennsylvania. being a brick ranch dwe11ing. Recorded in Deed Book B, Volume 20. Page 952 appraised at $39.500 00 Total Realty $39.500 00 TANGIBLE PERSONAL PROPERTY 3. Automobile: 1972 Chevrolet Impala Sedan; sold at 4. Motorcycles; 1973 Honda appraised at - 965tOO 750 00 1.200 00 2. Household goods and furnishings. appraised at INTANGIBLE PERSONAL PROPERTY 5. . Savings Account No. 0060605029 with CCNB Bank. N.A. 6. Interest accrued on item 5 to 4/6/78 1,747 96 1 15 156.50 7. Checking Account No. 7480643 with CCNB Bank. N.A. 8. Final paycheck from General Electric S~rvice Co.. Inc. 9. Payroll deduction deposited to I.B.E.W. 143 Credit Union account after death by decedent's employer. General Electric Service Co.. Inc. 10. Balance in account with I. B. E. W. 143 Credit Union 235.18 156.00 622.08 11., Insurance proceeds from CUNA Mutual Insurance Society Group policy # 037-1991- with I.B.E.W. 143 Credit Union 933.12 Total Personalty 6.766.99 Total $46.26E .99 , . r " . , 'j-"'.. .- 0." -; ~.' COMMONWEALTH NATIONAL BANK, ADMINISTRATOR OF THE ESTATE OF ROBERT W. ROLAND, SR., Plaintiff : IN THE COURT OF COM/-ION PLEAS DAUPHIN COUNTY, PENNSYLVANIA : NO. 2968 - S - 1978 : v., : IN TRESPASS : HERSHEY FOODS CORPORATION, Defendant : ORDER AND Nmv, this c..'S' day of ~ , 1984, upon consideration of the foregoing Petition, IT IS HEREBY ORDERED AND DECREED: ,1. The settlement and compromise of the action of Commonwealth National Bank, Administrator of the Estate of Robert W. Roland, Sr., deceased, instituted under and by virtue of the "Survival Act" of the ComP.lonwealth of Pennsylvania for the sum of Two Hundred Ninety-Four Thousand One Hundred T~Tenty-Four ($294,124.00) DOllars, is hereby approved as fair and reasonable. 2. The settlement and compromise of the action of Commom.;ealth National Bank, Administrator of the Estate of Robert W. Roland, Sr., deceased, instituted under and by virtue of the "Iirongful Death Act" of the Commonwealth of Pennsylvania on behalf of Robert vi. Roland, Jr., Christina Ann Rol and and David Roland for tile sum of One Hundred Eighty Thousand'THo Hundred Seventy ($180,270.00) Dollars, is hereby approved as fair and equitable. 3. The attorneys I fee s of Cleckner and F'earen and Knupp CLECKNER. "'lIVid Andre"ls, in the sum of TI'lO Hundred Forty-S i x Thousanct ,lnORtlEVS AT U.W ~t"RRIS3URG. ftEN:<S":'lV"':-:I'" "I ". . . , . '" ..-"" . " " , ($246,000.00) Dollars are approved as fair and equitable. . 4. Distribution in accordance with the "Structured Settlement" attached hereto and marked Exhibit "A" is hereby directed as follows: (a) Commonwealth National Bank - repayment of loan $ 22,000.00 (b) Cleckner and Fearen costs advanced and interest 3,560.20 (c) Knupp and Andrews - costs advanced and interest 2,824.61 (d) Charles Roland - r~payment of loan 2,500.00 (e) Commonwealth National Bank - Administrator and Guardian fees 28,250.00 (f) Cleckner and Fearen, Knupp and Andrews - attorneys' fees 246,000.00 (g) Reserve for costs 5,259.19 (h) Commonwealth National Bank - Guardian of the Estate of Christine Ann Roland, a minor 12,000.00 (i) Commonwealth National Bank - Guardian-of the Estate of David Georqe Roland, a minor' 12,000.00 (:i) Robert;q. Roland, Jr. 12,000.00 Total Cash Disbursement $346,394.00 5. In addition to the distribution set forth in Paragraph 4 hereof the other provisions of the "Structured Settlement", marked Exhibit "A" are approved and payment thereof shall be made as follows: CU:CKNER & F'EAREN .ilHOilNnS AT I.AW t!J.HIJ;!lIl1lG, P(NNSHVAKI" "'.. -, , '-' CLECKnER 8: FEA~Et; ..nO'il:NElS AT U'-.V ..,."t;l;IS&URG. !>!:mts'tl.,,'.:.m~ ~ _.'1. A. Monthly Payments (1) Commencing 45 days from the date of the "Structured Settlem'ent" to Robert W. Roland, Jr. or his estate Seventy-Two (72) monthly payments in the amount of $375.50. (2) Commencing 45 days from the.date of the "Structured Settlement" to Commonwealth'National Bank, Guardian of Christine Ann Roland during her minority and then to Christine Ann Roland or her estate Eighty-Four (84) monthly payments in the amount of $339.20. (3) Commencing at age 19 to David George Roland or his estate Eighty-Four (84) monthly payments in the amount of $426.67. B. Lump Sum payments (1) Each child or their respective estate shall receive the sum of $20,000.00 during their respective 26th year of life on the anniversary date of the annuities to be purchased in accordance with the terms of the "Structured Settlement" attached hereto, marked Exhibit "A" and made a part hereof. (2) Each child or their respective estate shall receive the sum of ($lOO,OOO.OOl during their respective 35th year of life on the anniversary date of the annunitiesto be purchased in accordance with the terms of the "Structured Settlement" attached here'to. marked Exhibit "A" and made a part hereof. , , , .,', .."i'. 6. Upon payment of the sums set forth herein and the payments to be made in accordance with the .Structured Settlement" marked Exhibit "A", attached hereto and made a part hereof, the Commonwealth National Bank, Administrator of the Estate of Robert w. Roland, Sr., deceased, is hereby directed to discontinue the action brought on behalf of said Estate and on behalf of the next of kin of Robert W. Roland, Sr., deceased, and the release of all claims of whatsoever kind or nature of the Estate of Robert W. Roland, Sr., deceased, and his next of kin, against Hershey Foods Corporation, and all other persons, firms or corporations, arising by reason of or as a result of theinjuries to and the death of Robert W. Roland, Sr., deceased as set forth in the "Structured Settl~ment. is approved. 7. Payment of the aforesaid sums and compliance with the terms and conditions of the "Structured Settlement" marked Exhibit "A", attached hereto and made a part hereof, will constitute conclusive evidence of complete satisfaction of all claims and demands of whatsoever kind or nature of the Estate of Robert w. Roland, Sr., deceased, and his next of kin against Hershey Foods Corporation, and all other persons, firms or corporations arising from or as the result of injuries and the death of Robert w. Roland, Sr., deceased, from the accident described in the foregoing Petition. BY THE COURT, ClA~~::~:E~$aA:EL:~VEN ~ ~ ~5--_ 19~. ",,,,,,,o.''''''g!''nereby certi& th3.t the forego~n'i\{'\ _ .' is a true and correct copy of the ~~~ original filed. . '. . \ ~;:t 0A. .j~' l'rottrdnotarY' . ~. \\\ ~\.J~1) J. , , , ... .;:t. ,_J_ . -. COMMONWEALTH NATIONAL BANK, ADMINISTRATOR OF THE ESTATE OF ROBERT W. ROLAND, SR., Plaintiff : IN THE COURT OF Cor-IHON PLEAS DAUPHIN COUNTY, PENNSYLVANIA : : NO. 2968 - S - 1978 . . v. : IN TRESPASS HERSHEY FOODS CORPORATION, Defendant PETITION FOR APPROVAL OF COt-lPRmlISE SETTLE~\ENT TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Commonwealth National Bank, Administator of the Estate of Robert W. Roland, Sr., deceased, respectfully represents: 1. Your Petitioner is the Administrator of the Estate of Robert W. Roland, Sr., deceased, by virtue of Letters of Adminis- tration granted unto them on April 20, 1978 by the Register of wills of Cumberland County, Pennsylvania, and has an office at 10 South Market square, Harrisburg, Pennsylvania, 17108. 2. The Defendant, Hershey Foods Corporation, is a Delaware corporation having a place of business at 19 East Chocolate Avenue in Hershey, Derry Township, Pennsylvania, 17033. 3. The events hereinafter described occurred on or about April 6, 1978, on the premises of the Defendant, Hershey Foods Corporation, known as Building "No. 40, Mezzanine floor level, 19 East Chocolate Avenue, Hershey, Derry To,mship, Pennsylvania. CLECKNER a FEAREN 4. At the aforesaid time and place, the decedent, Robert ATrCIIN(1'S AT LA~Y HAa;USBU~C. P[r;NSYlV;\N.t~ 7 ,.,-. -~. 'i: > - ' W. Roland, Sr., was employed as a journeyman electrician by General Electric Services Company, an independent contractor, and was in the process of installing conduit wire for an emergency lighting system., While so engaged he sat on the. edge of a conveyor at which time the conveyor was activated and the decedent was carried backward by the rollers into the elevator and to his ultimate death. 5. As a result of the death of the decedent, two causes of action arose; one under the "survival Act" of the Commonwealth of Pennsylvania for the benefit of the decedent's estate, and one under the "\~rongful Death Act" df the Common,.,ealth of Pennsylvania for the benefit of the decedent's surviving relatives. 6. The matter was tried before the Honorable Clarence C. Morrison and, after a two week trial in September 19B1, the jury returned a verdict in favor of the Plaintiff and against the Defendant which after being molded amounted to $118,224.95 for the wrongful death action and $442,774.00 for the survival action. 7. Judgment was entered in favor of your Petitioner and against the Defendant in an amount of $602,954.05. 8. On October 2, 1982, the Defendant filed Motions for a Judgment N.O.V. and for a New Trial which Motions were denied by the Court en bane on March 11. 1983. 9. On April 6, 1983, the Defendant filed an appeal with the Superior Court of pennsylvania, entered to NO. III Harrisburg CLECKNER. flt FE:;':!:~H AfTOIUIUS "1 \.....-... MARIlISS!JRtio. PE1H.SY~ .....NIA -2- , ",'j. ., " ~ r. 1983, which appeal is presently pending argument and disposition by the Superior Court. 10. While denying 1iabiity for the injuries to and the death of Robert W. Roland, Sr., deceased, the Defendant, Hershey Foods Corporation, has offered to compromise all claims which have arisen or may arise as a result of the injuries to and the death of Robert W. Roland, Sr., deceased, by a General Release and Structured Settlement Agreement ("Structured Settlement"), attached hereto, marked Exhibit "A" and made a part hereof, and in accordance with said agreement the following total payments will be made: Upon approval of. compromise: (a) For fees, costs and expenses $310,394.00 12,000.00 (b) To Robert W. Roland, Jr. (c) To Commonwealth National Bank Guardian for Christine Ann Roland 12,000.00 (d) To Commonwealth National Bank Guardian for David George Roland 12,000.00 Future payments: (a) To Robert W. Roland, Jr. or his estate 147,036.00. 148,492.00 (b) To Christine Ann Roland or her estate (g) To David George Roland or his estate 155,840.00 TOTAL PAYt4ENTS $797,762.00 CL.ECKNER tr fEA!H:rl AnO"-l'lE'fS :.ll)':1 K"1't~ISBtl,l;!~. PEHI:SYJ,.Y:':;IA -3- . '., . .,- . '.,". 11. The present value of all of the payments set forth in paragraph ten (10) hereof is Four Hundred Seventy-Four Thousand Three Hundred Ninety-Four Dollars ($474,394.00). 12. In view of the disputed liability of the Defendant, your Petitioner considers the "Structured Settlement" attached hereto, marked Exhibit "An and made a ~art hereof, to be a fair, just and equitabl~ settlement and to be in the best interests of the decedent's estate and his three children and sole intestate heirs, Robert W. Roland, Jr., Christine Ann Roland and David George Roland. 12. Robert H. Roland, Jr. was born June 6, 1964, and has reached majority, and consents to and joins in the prayer of this Petition attached hereto, marked Exhibit "B" and made a part hereof. 13. Christine Ann Roland was born May 20, 1966, and is a minor, .and the Commonwealth National Bank is her Court appointed Guardian. Commonwealth National Bank as the Court appointed Guardian of Christine Ann Roland consents to and joins in the prayer of the petition which consent is attached hereto, marked Exhibit "CO, and made a part hereof. Christine Ann Roland, being 17 years of age, consents to and joins in the prayer of the petition, which consent is attached hereto, marked Exhibit "D" and made a part hereof. CUCKNER a fEA!E:N "nOUtEn. AT LA,'" H.U.qlSBURC. 'tN~SYL.'::'NI" -4- ~ " , 14. David George Roland was born October 1, 1967, and is a minor, and the Commonwealth National Bank is his Court appointed Guardian. Commonwealth National Bank as the Court appointed Guardian of David George Roland. consents to and joins in the prayer of the Petition ~hich consent is attached hereto, marked Exhibit .Cn and made a part hereof. David George Roland, being 16 years of age, consents to and joins in the prayer of the Petition, which consent is attached hereto, marked Exhibit "E" and made a part hereof. 15. All expenses arising as a result of the injuries to and the death of the decedent have been paid or will be provided .. for as set forth herein. 16. Your petitioner, as Administrator of the Estate of Robert W. Roland, Sr., deceased and Guardian of the interests of the heirs of RobertW. Roland, Sr., entered into a Contingent Fee Agreement with Attorneys Knupp and Andrews and Cleckner and Fearen, copy of which is attached hereto, marked Exhibit "F" and made a part hereof, under which said attorneys are to receive for their compensation for professional services rendered, at this stage of the proceedings, fifty (50%) percent of any settlement. The parties to the agreement have agreed on a lesser amount \vhich is set forth in the "Structured Settlement" in the amount of $246,000.00. CLECKNER 2: FEARE~t .ATfOR~j(yS AT 1AIV HJ,IHIlSaIJitG. P(NNSYt.VH:U -5- '.:.0'.0 .-. .... , 17. petitioner feels, in light of the facts set forth in this petition, that the settlement should be distributed in accordance with the "Structured Settlement" attached hereto, marked Exhibit "A" and made a part hereof. WHEREFORE,.your Petitioner respectfully prays your Honorable Court to enter an Orderapprbving the foregoing compromise settlemen~, directing the distribution of the proceeds thereof as set forth in the "Structured Settlement" attached hereto, marked Exhibit "A" and made a part hereof, and authorizing the Petitioner, upon payment and agreement to make payments as set forth in the said "Structured Settlement", to discontinue the ,. action brought to the above term and number and approving the -' release of any and all claims by said estate, themselves, and the surviving relatives of Robert W. Roland, Sr., against Hershey Foods Corporation and all other persons, firms or corporations arising out of or as a result of the death of Robert W. Roland, Sr. as set forth in the "Structured Settlement". COi'li-lONHEALTH NATIONAL BANK By CLECIWrR a ff:.\P.;:N ATTOIt:l1EYS.\1 lAW li~iI"lIl.iIlLlRG: "E~NSY~VANU -6- ...;" " .-., . "'" COW10N~1EALTH NATIONAL BANK, Administrator of the Estate of ROBERT W. ROLAND, SR., Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA .' NO. 2968 S 1978 v. IN TRESPASS HERSHEY FOODS CORPORATION, Defendant JURY TRIAL DEMANDED GENERAL RELEASE AND STRUCTURED SETTLEMENT AGREEMENT KNOW ALL t1EN BY THESE PRESENTS, THAT: HHEREAS, Commonwealth National Bank is the Administrator of the Estate of Robert W. Roland, Sr., by virtue of Letters of Administration isslledby the " Register of Wills of Cumberland County, Penrsylvania, on April 20, 1975~ and HHEREAS, Robert W. Roland, Sr., who resided at 607 t1agaro Road, Enola, Cumberland County, Pennsylvania 17025, died on April 6, 1978; and HHEREAS, o~ April 6, 1978, Robert W. Roland, Sr., was employed by General 'Electric Services Company, Inc., to perform certain electrical installation work at Hershey Foods Corporation, Hershey, Dauphin County, Pennsylvania; and WHEREAS, on April 6,' 1973, Robert W. Roland, Sr., (hereinafter referred to as "Roland") \':as performing v:ork in prcAimity to a fully automated pallette elevator kno~m as Alvey Elevator No. 37 \;hich, after he sat on the outer carriage of said elevator, a photoelectric ~ell activated said elevator carriage and transported Roland into the elevator shaft, and thereafter said ele'lator rose in the shaft and Roland was caused to be struck in the back of the head by a beam at the top of the shaft, resulting in his death; and WHEREAS, a Complaint was filed to the above Term and No. or. behalf of Robert YI. Roland, Sr., by CommoR\lealth National Bank, Administrator of the , 7::J.~.E'!~~.7~,:'::',~'~~:~;~r~~1l!.~:.~,).'B?~?Et;:~:,::,..,~~:;~-:'""::n.;~~;'5!;~~'::t~~~;~~fr7.T~f.~<.;.~::~;-:::,.~fI;-:::.~~~~~~:::,,,:~~..,,-~~~'~~""~:.~~7:.:.:o;~'7;"~'%:?':";\wr-;':~::::~ ~ , , ,_.,' . ~4 " . .' ,r '. Estate of Robert W. Roland, Sr. on behalf of the Estate of Robert W. Roland, Sr., and those persons entitled to recovery by virtue of the Wrongful Death Act of the Commom~ea1th of Pennsylvania, in which it was alleged that Defendant, Hershey Foods Corporation, was legally liable fOf. the injuries suffered by Robert ~l. Roland, Sr., and the death of Robert W. Roland, Sr., ~Ihich liability l'Ias denied by said Defendant; .and WHEREAS. the persons entitled to recover damages under the Wrongful Death Act of the Commonl'lealth of Pennsylvania \~ere and are Robert tL Roland, Jr., son, of 607 /1agaro Road, Enola, Cumberland County, Penn,sylvania, born on June 6, 1964, Christine Ann Roland, daughter, of 607 l1agaro Road, Enola, Cumberland County, Pennsylvania, born on Hay 20, 1966, and David George Roland, son, of 607 liagaro Road, Enola, Cumberland County, Pennsylvania, born on Octobe.( 1, 1967; and -2- ."'7~;:?'~~:-:::.'~:?::..!:"":~T.~:7~~~~i~_:~~?';,':~C~~::.:.s^:OS:~~~~fi!;?-r:~;,~~r:;;;:;~Z;-;~:._?~~'J?f~~.q?:::,~?~-~;'':"::~';l~~:':?_;;D''~~'~''.1~::.e~-~;.'~~::::~;:'t~~:"~ .'., . ( ..-. .- ~.; ...~.. '-. recovel' damages for wrongful death, and all other persons entitled by law to recover damages as a result of the injuries to and death of Robert W. Roland, Sr., in which event, Commonwealth National Bank, Administrator of the Estate of Robert W. Roland, Sr., will discontinue, upon proper approval of the Court of Common Pleas of Dauphin County, the aforesaid action in consideration of the present and future payments. set forth herei n to be made by Defendant or designees on behalf of Defendant, and mark satisfied the judgment entered therein, and Defendant \~il1 ~Iithdraw its appeal to the Superior Court of Pennsylvania. NOW THEREFORE, in consideration of the mutual promises, considerations and guarantees made by Defendant and in consideration of the future guarantees made by ~~erican Home Assurance Company Commonwealth. National Bank, Administrator of the Estate of Robert \{. Roland, Sr. ,realizing that.. there is doubt and uncertainty as to the liability of Hershey Foods Corporation as to the liability of Defendant for the injuries to and death of Robert H. Roland, Sr., does release and by these presents does for itself, its heirs, executors, . administrators, and assigns, successors for the heirs, executors, . administrators, successors and assigns of Robert W. Ro I and, Sr., decea sed, re lease, acquit and forever di scharge Hershey Foods Corporati on, its hei rs, offi cers, representatives, employees, insurers, executors, successors and assigns, and all other persons, firms or corporations from any and all actions, causes of action, claims, damages, demands of whatsoever kind or nature arising out of or ever to arise out of the injuries to and death of Robert H. Roland, Sr., and in consideration of the above, the Defendant; by and through its insurer, American Home Assurance Company agrees to pay the follo'ding sums as a full and complete settlement of all claims against Hershey Foods -3- " ...,," '! ,.. ~ . ' .'.. .. .:. " Corporation, including specifically all claims under the ~Jron9ful Death and ,Survival Acts of the Commonwealth of Pennsylvania to pay the following sums: 1. Lump sum payments \~ithin forty-five (45) days "of the date of the execution of this Agreement as follows: a. To Robert W. Roland, Jr. $ 12,000.00 b. To Common\'lealth National Bank, guardian of the Estate of Christine Ann Roland 12,000.00. c. To Commonwealth National Bank, guardian of the Estate of David George Roland 12,000.00 2. Lump sum payments as follows: a. To Robert W. Rol~nd, Jr., during his 26th year of life on the anniversary date of the annuity to be purchased in accordance with the terms of this agreement and during his 35th year of 1 ife on the anniversary date of the annuity to be . purchased in accordance with the terms of this agreement $ 20,000.00 100,000.00 b. To Christine Ann Roland, dur~ng her 26th year of life on the annlversary date of the annuity to be purchased in accordance with the terms of this agreerr:ent and during her 35th year of life on the anniversary date of the annuity to be purch~sed in accordance wi'th the terms of this agreement 20,000.00 100,000.00 c. To David George Roland, during his 26th year of life on the anniversary date of the annuity to be purchased in accordance with the terms of this agreeiT.ent and during his 35th year of life on the anniversary date of the annuity to be purchased in accordance with the terms of this agreement 20,000.00 100,000.00 -4- __ ~._..... -..",-_...~.....~~~_..",,~__..=~ ~,...t...,._. ....-!.-...=.~."'..~.~..~"!-t.:..f::..~.^....~~.',..;.r........~3~:r;"-s:.~....,--::':.s.-~~-:,.'" ....~:~.,~.:~:*..~~:::~-:;;...~:o-.:-t'r-:::-~~;':.'~1.'?;._;;r~~..;:'.i.....~>'r> ....u;.,:v;:,,~~:. ,~,'-i!".::Ror.~;~';>(''-_\''::';.~,,~~-: ';': ..-__.~., ,'$~ .:.:..." "~~l'. .__i~-,--:'",;"~",, ,;.... ~ ,- /.-. ,"",". .... .." ".~' .. -.'. , " . ... 3. Monthly payments in accordance with the following Schedule: a. Seventy-two (72) monthly payments in the amount of $375.50 to Robert W~ Roland, Jr., commencing within forty-five (45) days from the date of the execution of this Release. b. Eighty-four (84) monthly payments in the amou~t of $339.20 commencing within forty-five (45) days of the date of this Release to the Commo~wea1thNational Bank, guardian of the Estate of Christine Ann Roland, .during her minority and then to Christine Ann Roland thereafter. c. Eighty-four (84) monthly payments in the amount of $426.67 each to David. George Roland commencing at age .19. 4. The fo110\"ling additional sums ~re .,to be paid \'Iithin forty-five. (45) days of the execution of this.Release on account of fees and costs incurred by Plaintiff and in settlement of all claims as aforesaid: a. Commonwealth National Bank, Administrator of the Estate of Robert W. Roland, Sr. -- loan repayment. b. Richard Cleckner, Esquire - costs advanced and interest $ 22,000.00 3,560.20 c. Robert Knupp, Esquire - costs advanced and interest d. Charles Roland - repayment of loan e. Commonwealth National Bank, Administra- tion and guardianship fees 2,824.61 2,500.00 28,250.00 , f. Cleckner and Fearen, Knupp and Andrews; and Jerome T. Foster - attorneys fees 246,000.00 g. Reserve for costs 5,259.19 -5- ;. . .' .,; , ..-... ~.4 . "J '-./ ,IT IS UNDERSTOOD AND AGREED that all future payments are guaranteed and will be paid monthly or as they become otherwise due, pursuant to the terms of this Agreement, to the Estates of Robert \1. Roland, Jr., Christine Ann Roland and/or David George Roland, in the event of any of their deaths, until the full payments set forth in this agreement have been completed. IT IS SPECIFICALLY UNDERSTOOD AND AGREED that this Agreement constitutes a full and 'complete release of any and all claims of Common'tlealth National Bank, Administrator of the Estate of Robert W. Roland, Sr., and of the heirs and assigns of Robert H. Roland, Sr., against Defendants and all other persons, firms, insurers and corporations for all claims arising out of the injuries to and death of Robert W. Roland, Sr.;' this agreement constituting the full agreement between the parties hereto. IT IS FURTHER AGREED that as the method for securing payment of all period payments'set forth above, Defendant, by the American Home Assurance Company \1ill purchase an annuity corrtract or contracts with Robet't W. Roland, Jr., Commonwealth National Bank, guardian of the Estate of Christine Ann Roland, Christine Ann Roland, Commonwealth National Bank, guardian of the Estate of DaviG George Roland and David George Roland, as the beneficiaries, and with the ~~er~~an Home A~surance Company as the owner of sa i d annuity contract or contracts. In no event, however, shall the OI'lner of said annuity contract or contracts have the pO\'Jer Ot' authority to change the beneficiaries mentioned above, nor sha 11 any such o',mer have the authori ty to alter the other terms of 'this agreement. Payments made pursuant to said annuity contract shall operate as a pro tanto discharge of the periodic payment obligations set forth herein. -6- -':.3':..:':":"~r~:~:::~.!.l.~J.:fU;n~;...r.:;'.;E-::-':;~~;~~f"?";t~~&:~0~~;?::~?:f~~?:...'!;~~~':..~~;'=3,~!;,~,,:~.:'.f:.T:rS~c.;.::.:>=;:~.:.1~~~~~~- . '.' T. ~ ~, .' ~ r ,0'" -'. ..' J:/'l .} ". IT IS FURTHER AGREED that the Defendant is not legally liable for any obligation assumed herein, all liability being assumed by the American Ho~e Assurance Company,: and. it is further agreed that no other person, firm or corporation, other than the American Home Assurance Comp~qy is so liable, but that Defendant, Hershey Foods Corporation, its heirs, executors, administrators, . . successors and assigns, is fully and completely released from any action, causes of action, damages and demand of whatsoever kind or nature arising 'out of the injuries to and death of Robert H. Roland,' Sr. In the event of any default by the American Home Assurance Company under the terms of this agreement, all rights are reserved herein to proceed under the terms of this agreement against the American Home Assurance Company and no one else. This General Release and Structured Settlement Agreement is drawn, prepared and executed in accordance \lith the Order of the Court of CorrJ:lon Pleas of Dauphin County, Pennsylvania, dated~, 1984. It is agreed that upon execution of thi~ Release, that Plaintiff will mark satisfied the judgment recorded against Defendant herein in the Court of Common Pleas of Dauphin County, and Defendaut will 1vithdraw its appeal filed to the Superior Court of Pennsylvania. WITNESS l~E DUE EXECUTION THEREOF: ..... ATTEST:. . ~t:f~ '--9f.:a"f/ . ~V~ '. :~. 0' vr Cf/i' . ' . I'.,! \ 1 ATTE~ S; ,\~,~..< \J., #' / !..,!.V~~ _ ~__ ~~__~.;.::A~ 'Secretary, .cr _~.GC~ Sfl:;'1''::''O:::lrx By ., ., .... , \ , , AHERI~JtE. AS~:R'J cm-~A)lY B . r~'7', . tI., ~ y . " .-;-,/ ~..:L/,-..y /~./f/ _ro-" /'1,1 . ..rt . P-i'es'(c'Ciilto'r J{.i'0i'~relid'Qrlt ~ v ..;V '--:-' C./' '-- -' ~. './ Ii, . .~.. \. i< ., ", .'.. ....... '. II' " ,. " ,\" . . -7- '. ' " ';:~~~...~s.:-.~_. -,.....-,,_,~.,~~~... _~....,~~4~.::"""'...~___-""""'_ --~...,.".,.~._~~ 'f. ~ r , _< ~''1 .~.. .' ill ~ .:.~;. '~" .. CONSENT A~D JOINDER Robert W. Roland, Jr., one of the .intestate heirs of Robert W. Roland, Sr., deceased, being nineteen (19) years of age, does hereby consent to and join in the prayer set forth in the attached Petition for Approval of Compromise Settlement. WITNESS: -,rwJ lJ ::t~~ /): ft,. '1 , ; " t-- /(~'L" If), R:OBERT \v. ROLAN tJ 17 (7; . I {T~1vf1/'I7.. , JR. ./1 CLECK1IER a FE^?~N ATTO;fN'EVS J,T L.lW HAMIU!lURG.I'Et>h:;1:...,l,SlJIl EXB::'BIT UgH t'- ~,f " .",". f"', ~ '.... .:' .i iil ::.... '.. : CONSENT AND JOINDER Co~~onwealth National Bank, as Court appointed Guardian of Christine Ann Roland and David George Roland, intestate heirs of Robert W. Roland, Sr., deceased, does hereby consent to and join in the prayer set forth in the attached petition for Approval. of Compromise Settlement. COMMONWEALTH NATIONAL BANK By ClECIWER a FEAR~N ATTORr;EYS AT U.W EXHIBIT "c" H....~i!IS9tl;rG. p.t"'N5nV.l~ilA r 'K.1 '" " ..... ""'_ (.'. ':1:. t .~ 'I." ")' " .. CONSENT AND JOINDER Christine Ann Roland, one of the intestate heirs of Robert w. Roland, Sr., deceased, being seventeen (17) years of age, does hereby consent to and join in the prayer set forth in the attached petition for Approval of Compromise Settlement. \VITNESS: Mtt ;[):fjA tf~~ C },>-11'f\+1~Q. C'tmrn t2tmnmcL CHRISTINE ANN ROLAND CI.ECIUJER a FEARfrJ ATTORI1EfS AT LAW fUIO!lS11URG. PEHHsn......r>l,r, EXHIBIT "D" -,- ... .......,1;-' ..... .~~ i ~.... . . ~ ~ 'Jl' \...\ ; .' CONSENT AND JOINDER David George Rolana, one of the intestate heirs of Robert W. Roland, Sr., deceased, being sixteen (16) years of age, does hereby consent to and join in the prayer set forth in the attached petition for Approval of Compromise Settlement. vHTNESS: 1dAA(} A9,JI~~ TIf\:'-"\~ ~'l~\ DAVID GEORGE ROLAND CLECKNER it rEAP-EN AnOItNEYS",1 U,"" "A!l~ISBURC. p(rlNSYLV,l.;,:", EXHI RIT "E" 11'-,......',1 ... -..,;.:.. ~ i~" '"., "'. " ~ 'J.t" yeta .... ".' f ' " CO~TINCENT FE8 AG?S8~E~T / cO:-1.:'Jmli-iEAL'l'H 'NATIONAL BA;-iK. l,dministrator of the Estate of Rober t 'd. Roland, 5r. , Deceased, and Guara ian of the interests of the lH)ir3 of Ropert W. Roland, Sr., does hereby nominate and appoint the law firms'of, KnuP? and Andre~s and Cleckner & Fearen as its attorneys Idth respect to a cause of action arising out of an accident: woich occun:<.!d April .6, " 1978, in Hershey, Derry 'l'ownship, Dauphin ,Cou~ty, Pennsylvania, said accioent having resulted in the aeath of Robert N. Roland, Sr. ~ the said attorneys shall have tull power to make any inquiries, to n,,,got1.ate or settle, bring" I conduct, pro5ecute, sue. or cor-prc~ise any action or suit wi~h the concurrence of the said Bank, and to cKercise and endorse any paper:, checks or order on its behalf in conn,~ction thercwl th. For their services, Attorneys sh,:tll be entitl.~d to. a contingent fee from al~ recovery made 0: sDcured of 25 percent if said cause of action is settled without tha i!ilititution of , . s.uit; 33-1/3" p~rcent if suit is cO.m!\renceo tlnd settlewE!nt !:!Gce before or during trial; 40 percent afte= suit is commenced and tr ial is held and coney.uded by favor nble ,. ~ verdlC\..g and an <iddi tio:-wl 10 percent in the event of an appc,:l to an ],ppel1ate Court. Costs, filing fees, investigative expenses EXHIBIT, n F" Ii, .~... I" .... ....~ <rr".., '-.,.-. " : ~ 'l.-')-'.t;" .., " and general e~?ens~~othe~ than Attorney fee3 sb~ll be paid by Cm,ll-1O!:1'.'jSALTTI Nt\TIONA1. BANK, 1\d;ainistrator of the Estate of , Robert ;~. Roland, 5r. !N NIT~ES.s ~qBEnEC?, the said CO?I~iO~l~"lE.;L'I'3 Ni\TIONl\L nA~I;~, Administrator of the Es tat..~ of Rober t ~,. Roland, '5r., and Guardi:m of the intere3ts of the heirs of Robert: ~1. Roland, 'Sr., has caused this Contingent Fee Agieement t~ be executed thi s RJ..l day of :s '~:~-",,,-'""'t/, 1973'.' U '. ccYr?,~o~r:;1::A~T3 H..;TIONll"L B;'-.,Nt( i Administrator of the Estate of Robert W. Rolanj, 54.' Dece~sed Guardian oE the Interests of the Heirs of Robert ,g. Roland, Sr. By: ~,~<"0._____._ "'- V'vr;.r " ' "J Ie <, c~. .L \) .~~ ".",~;,,~\i J I 'lc'':l; 11it . The above Agreenent is her~by approv~a and ac~~ot~d this ~c1ay of&~, 1978. lWUPP NiD A:lDill::i~S . . ~ _ -11 ",' BY~~~~X:-_L"'L~ '-9-/ The above Ag~e~ment is hereby approved ana accepted this "?--?-. day of ~ ' 1978. CL'ECfalER & PEARiJiJ By: f\ ,-=-~- -V~-L-L r~A-<!..~ ,": '~,: l 't. .... ~~:.~ "-y . . ~ " ~.. ~." \.-fJ,. . .' COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF DAUPHIN said Commonwealth and County, personally appeared before me, a Notary Public, Janws /-I6-t's, I in and for tit c.-e as ~ trv s r Officer of the Commonwealth National Bank, petitioner herein, who, being authorized on' behalf of the Commonwealth National Bank does hereby depose and say that the facts set forth in the fo'regoing petition are true and correct to the best of knowledge, information and belief. COMMONWEALTH NATIONAL BANK By Sworn and subscribed to before me this "2-,:/1 day .of ~L , 1984. );1..~ IJ. J1,-,--~ ~OTARY PUBLIC . MMlhH O. ~AGlll. NOTAEY puauc ~ft.RGiSBURO. DAUi'Hi~ COUNiY M'{ CQ~r.msION HPIRES JIH,E 21. m. MemciH, r.C!fti'l.sJN~Ilf..l A!:scciatior, of Not:wu CLECKNER a FEAR;:rl ATTORNE:YS AT L....N V.,tRillSDU:lG. PtNNS'l'......l.la" '.,-.'--'[-. .....-......-