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HomeMy WebLinkAbout01-31-78 IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF ROBERT CLOUSE, AN ALLEGED INCOMPETENT ORPHANS COURT DIVISION NO. 1.15 DttJl<. ",: 1978' PRELIMINARY DECREE AND NOVv, this 31 day of ~ ' 1978, upon consideration of the annexed Petition it is Ordered and Decreed that a citation issue directed to Robert Clouse, to show cause why he should not be adjudged an incompetent and a guardian of his estate appointed; hearing to be held in Court Room No. I Cumberland County Court House, Carlisle, Pennsylvania, on ilJ,-#./L/!J~ at /1,'3 cJ o'clock} ~-, ~ L:_ ~ /l u,r.. At least twenty (20) days notice of the Hearing shall be given to Robert Clouse, the alledged incompetent, by personal service of a copy of said Petition and Citation, and by service of notice upon the next of kin who are sui juris by registered ma i 1. .N(>t-iCg OId!,Ir-also be given to: cjY is hereby appointed to examine the report in writing to It is further Ordered and Decreed that pending the deter- mination of Robert Clouse's competency no settlement be made of the alleged incompetent's claim for personal injuries arising out of the accident which occurred on or about April, 1976 without prior approval of This Court. i\(l \1 \\ v~ ' ;:. ,; ,\ ,/ ..,., wl.'/ }/~ !\1'l 10 .' 'l "., o,ot, Jfir... '''''aJ~'J IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF ROBERT CLOUSE, AN ALLEGED INCOMPETENT ORPHANS COURT DIVISION NO. FINAL DECREE AND NOW, th is day of , 1978 upon consideration of the annexed Petition and after a Hearing held following due notice, it is Ordered and Decreed that: 1. Robert Clouse is adjudged incompetent. 2. Dauphin Deposit Bank and Trust Co~,is appointed guardian of the Estate of Robert Clouse. 3. Said guardian is directed to file an inventory of the incompetent's estate. By The Court P.J. IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF ROBERT CLOUSE, AN ALLEGED INCOMPETENT ORPHANS COURT DIVISION NO. PETITION FOR APPOINTMENT OF GUARDIAN TO THE HONORABLE, THE JUDGES OF SAID COURT: The petition of Genieve Clouse respectfully represents: 1. That petitioner is the wife of Robert Clouse and resides , at 121 Ambridge Avenue, Fair Oaks, Pennsylvania. 2. That Robert Clouse is thirty eight years of age and his home is at 6 Broad Street, Newville, Cumberland County, Pennsylvan ia. 3. That Robert Clouse is not a patient in a mental hospital. 4. That Robert Clouse, because of mental deficiency, is unable to manage his property and is liable to dissipate it or become the victim of designing persons. 5. That Robert Clouse was a member of the Armed Services of the United States but it is unknown to your Petitioner whether he is receiving any benefits from the United States Veterans Administration or its successor. 6. That the value of the gross estate of Robert Clouse is unknown to your Petitioner but consists in principal of a cause of action for personal injuries arising from an accident which occurred on or about April, 1976. 7. That the names, addresses and relationship of the next of kin of the alleged incompetent are: (1) Ruth Clouse - mother 6 Broad Street Newville, Pennsylvania 17241 _no' 40t, P~f.f 35'> lo'''. ~ .I. ,..I . -.,'.. t. t.:t James Clouse - brother 1010 Harrisburg pike Carlisle, Pennsylvania 17013 8. That Dauphin Deposit Bank and Trust Company has agreed to act as guardian for the alleged incompetent. A copy of the Acceptance of Proposed Guardian is attached hereto, made a part hereof and marked Exhibit "A". 9. That Dauphin Deposit Bank and Trust Company has no adverse interest to the alleged incompetent. 10. No other court has ever assumed jurisddction in any pro- ceeding to determine the competency of Robert Clouse. 11. The alleged incompetent has no guardian of his estate or pers on. WHEREFORE, your petitioner prays: (a) That a citation issue directed to the alleged incompetent with notice thereof to the next of kin to show cause why he should not be adjudged an incompetent and a guardian of his estate be appointed; and (b) That your Honorable Court appoint a physician to examine the alleged incompetent who shall submit his report to the Court and the parties before the hearing; and (c) That an order be entered requiring any proposed settlement of the alleged incompetent's claim for personal injuries arising out of the accident which occured on or about April 1976 be approved by your Honorable Court pending the determination of Robert Clouse 's compete::_~__:.__-:~ ff Robert C."S-~d's Attorney for Petitioner By : -1J~~ eJliJ-t1A5 lenevie Clouse 800;; 105 FAFf :354 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY Before me, the undersigned authority, personally appeared GENIEVE CLOUSE, the within Petitioner, who being duly sworn according to law, deposes and says that the averments contained in the with Petition of which she has personal knowledge are true and correct and those averments based on information received from others she believes to be true and correct. Sworn to and subscribed ,1978. ; t: ~~'c;y '. i>"':':~:':~:;~i,L .~~ ~ .' ~"'.c,~.~ ;. . D...... \ ' ~]I':.tlrii .\': 18!R.ICHlI1~1J5';;3.:ot':t ,".H.C $.:.fi.,UsstDN EX..~.P)~ ~.i.<;' ~411i1iI,n;l* ,JA1t~HJ ,..'~,t ,I L Lt;~"",,, '."\.~ ..,,~~~ MC': 105 PAGE J~5 ACCEPTANCE OF PROPOSED GUARDIAN DAUPHIN DEPOSIT BANK AND TRUST COMPANY, having no interest adverse to the alleged incompetent and not being the fudiciary of an estate in which the alleged incompetent has an interest nor the surety of such a fiduciary hereby agrees to accept the appointment as Guardian of the Estate of Robert Clouse, an alleged incomptent. Dauphin Deposit Bank and Trust Company By: 8;;: <A.-ilJ JJ. &/LAC.~_ :.L<JAU~~,J: Ju.~ 1fi-u~,/ EXHIBIT "A"