HomeMy WebLinkAbout01-04-79 (2)
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: RULE TO SHOW CAUSE WHY
PETITION FOR APPOINTMENT OF GUARDIAN
SHOULD NOT BE DISMISSED
ORDER OF COURT
AND NOW, January 3, 1979, upon consideration of the within
petition, a Rule is issued upon the petitioner, Genevieve Clouse,
to show cause why the petition for appointment of a guardian
should not be dismissed; the Rule to be returnable and to be
heard on Monday, January 15, 1979, at 3:00 p.m., in Courtroom
No. 1 of the courthouse in Carlisle. At the same time and place
a hearing be and is hereby fixed on the petition of Genevieve
Clouse for the appointment of a guardian for Robert E. Clouse,
an alleged incompetent. Upon failure to appear, the petition
for appointment of a guardian will be dismissed.
By the Court,
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Dale F. ShUghart,~.
John McCrea, III, Esquire
For Robert E. Clouse
Robert C. Saidis, Esquire
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MCCREA & DAVIS
ATTORNEYS A.T LAW
NEWVILLE & SHIPPENSBURlJ
PENNA.
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 Rule to Show Cause Why Petitioner's Petition for
Appointment of Guardian Should Not be Dismissed, a rule is issued upon Robert C.
Saidis, Esquire, Attorney for Petitioner, Genevieve Clouse, to show cause why
the Petitioner's Petition for Appointment of Guardian Should Not be Dismissed,
rule returnable 20 days from this date. Service of a true copy of the fore-
going to be served upon Robert C. Saidis, Esquire, by ordinary mail.
BY THE COURT,
Dale F. Shughart, President Judge
'.
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 RULE TO SHOW CAUSE WHY
PETITIONER'S PETITION FOR APPOINTMENT
OF GUARDIAN SHOULD NOT BE DISMISSED
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
Comes now, the alleged incompetent, Robert E. Clouse, by and through his
counsel, McCrea & Davis, and represents the following concerning Petitioner's
Petition for Appointment of Guardian:
1. That pursuant to this Court's Preliminary Decree entered to the above-
titled matter on January 31, 1978, a hearing was to be held in Court Room No. 1
Cumberland County Courthouse, Carlisle, Pennsylvania, on March 15, 1978, at
11:30 a.m.
2. That proper notice of that aforesaid hearing was given to Robert E.
Clouse.
3. That no hearing has been held to date for the determining of the
competency of Robert E. Clouse.
4. That counsel for Petitioner, Genevieve Clouse, has not pursued his
right to a medical examination to determine mental competence as authorized by
this Honorable Court Order of February 24, 1978, entered to this matter.
5. That Robert E. Clouse is presently employed at the Naval Supply Depot,
Mechanicsburg, Pennsylvania, and otherwise capable of handling his own affairs.
6. That counsel for Petitioner filed Interrogatories to Alleged Incompe-
tent which were served March 1, 1978, and to which Objections were filed by
counsel for Robert E. Clouse on March 13, 1978.
7. No further action has been pursued by Petitioner to complete her
discovery or set a hearing date to determine competency.
8. That the purpose of the Petition for Appointment of a Guardian was to
MCCREA & DAVIS
ATTORNEY!! AT LAW
NEWVILLE & SHIFPENseURO
PE~NA.
determine the nature and status of Robert E. Clouse's claim filed against John
Watts, et al arising out of an automobile accident occurring March 24, 1976.
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MCCREA & DAVIS
ATTORNEYS AT LAW
NEWVILLE & SHIPPENSBURG
PENNA.
9. That the inaction by Petitioner and Robert E. Clouse's present ability
to maintain employment at the Naval Supply Depot, Mechanicsburg, Pennsylvania,
indicate there exists no ground for appointment of a guardian of the estate of
Robert E. Clouse.
WHEREFORE, Robert E. Clouse, by and through his counsel, John McCrea III,
Esquire, moves this Honorable Court to issue a Rule to Show Cause Why the
Petitioner's Petition for Appointment of a Guardian Should Not be Dismissed in
light of the Petitioner's inaction and the lack of good faith in pursuing
discovery or requesting a hearing to determine the competency of Robert E.
Clouse, an alleged incompetent. In the alternative, Robert E. Clouse by and
through counsel moves this Honorable Court to dismiss the Petition for Appoint-
ment of a Guardian.
Respectfully submitted,
per:
co
John McCrea III
torney for Robert E. Clouse
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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 Rule to Show Cause Why Petitioner's Petition for Appoint-
ment of Guardian Should not be Dismissed are true and correct to the best of
my knowledge, information and belief.
,~wo~Yc~~nd subscribed before me
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