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"