HomeMy WebLinkAbout01-04-79
IN RE: ROBERT E. CLOUSE,
AN ALLEGED INCOMPETENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
45 ORPHANS' 1978
RE: MOTION FOR APPROVAL OF SETTLEMENT
ORDER OF COURT
AND NOW, January 3, 1979, hearing on the above motion is
fixed for Monday, January 15, 1979, at 3:00 p.m. in Courtroom
No. 1 of the courthouse in Carlisle.
By the Court,
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/' Dale F. Shug a , P.J.
John McCrea, III, Esquire
For Robert E. Clouse
Robert C. Saidis, Esquire
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904
IN RE: ROBERT E. CLOUSE,
AN ALLEGED INCOMPETENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 45 ORPHANS' 1978
MOTION FOR APPROVAL OF SETTLEMENT
TO THE HONORABLE THE JUDGES OF THE SAID COURT:
Comes now, Robert E. Clouse, by and through his counsel, John McCrea III,
and does move this Honorable Court to approve the settlement of his claim for
personal injuries arising from an automobile accident on or about March 25,
1976, in accordance with this Honorable Court's Preliminary Decree entered in
the above-referenced matter on January 31, 1978, by President Judge Dale F.
Shughart, and does represent the following:
1. That Robert E. Clouse, by and through his counsel, John McCrea III,
Esquire, did file on March 23, 1978, a claim against John Watts, Riteway
Rentals, Inc., Martin BrONer Corporation and the Clorox Company in the United
States District Court for the MiddlejDistrict of Pennsylvania, Civil No. 78-274
for personal injuries arising out of the above-mentioned automobile accident
which occurred March 24, 1976.
2. Counsel for Plaintiff in that United States District Court action
together with counsel for the Defendants, John Watts, et aI, have negotiated a
settlement of any and all claims on behalf of Robert E. Clouse against John
Watts, et aI, in the total amount of $135,000.00.
3. Counsel for Robert E. Clouse has negotiated the above settlement figur
in good faith and consideration of all the circumstances surrounding
Mr. Clouse's claim including but not limited to his present physical and mental
health, work capacity, and marital status and that said sum is a reasonable
value of the claim.
4. That by Order filed December 1, 1978, to the above-referenced United
States District Court Civil No. 78-274, The Honorable Judge Muir acknowledged
MCCREA & DAVIS
ATTORNEYO AT LAW
NEWV1LLt & SHIFPENSEURG
FE~NA.
settlement of the personal injuries claim, such settlement to be consummated
within four months of the date of said Order.
MOK 10.5 P,\r.,- 901
- 1
MCCREA & DAVIS
ATTORNEYS AT LAW
NEWVI~l.E & SHlflPEHSeUU
Ptt:NA.
to consummate the above settlement in the amount of $135,000.00.
5. That Defendants by and through their counsel stand prepared and willin
WHEREFORE, Robert E. Clouse, by and through his counsel, John McCrea III,
Esquire, moves this Honorable Court to approve the settlement of his personal
injury claims arising out of an automobile accident occurring on March 24, 1976
Respectfully submitted,
McCREA & DAVIS
I
per:
John McCrea III
rney for Robert E. Clouse
eOOK 105 fME 902
- 2 -
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
I, John McCrea III, Esquire, counsel for Robert E. Clouse, being first
duly sworn according to law, depose and say that the facts set forth in the
foregoing Motion for Approval of Settlement are true and correct to the best of
my knowledge, information and belief.
Sworn to and subscribed before me
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MCCREA & DAVIS
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IN RE: ROBERT E. CLOUSE,
AN ALLEGED INCOMPETENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 45 ORPHANS' 1978
ORDER
AND NOW, this
day of
, 1979, upon consideration
of the within Motion for Approval of Settlement, a rule is issued upon
Robert C. Saidis, Esquire, attorney for Genevieve Clouse, to show cause why
the Settlement of personal injuries arising out of an automobile accident
March 24, 1976, for the total sum of $l35,OOO.00 should not be approved by the
Court in accordance with the Preliminary Decree of this Honorable Court entered
January 3l, 1978, in the above-captioned matter, rule returnable 20 days from
this date. Service of a true copy of the foregoing to be served upon Robert C.
Saidis, Esquire, by ordinary mail.
BY THE COURT,
Dale F. Shughart, President Judge