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Home My WebLink About02-23-78 (2) ROBERT C. SAlOIS EOWARO It. GUIDO SAlOIS Be GUIDO ATTORNEYS AT LAW 28 W. HIGH ST. F'. O. BOX 560 CARLISLE. PENNSYLVANIA 17013 February 23, 1978 AREA CODE 717 TE'-IIPHONE 243-fS222 SUBJECT: Robert Clouse, An Alleged Incompetent No. 45 Orphans 1978 TO: Honorable Dale F. Shughart Said~?S On Tuesday, February 21, 1978 a Motion for Physical Examination was presented in regard to which you have re- quested a memo. FROM: Robert C. I represent Genieve Clouse, your Petitioner and the wife of the alleged incompetent~ Robert Clouse was injured in an automobile accident on or about March 25, 1976 and is residing with his mother in Newville, Pennsylvania. Mr. McCre~ who is representing the alleged incompetent with regard to his personal in injury action, has declined to make Mr. Clouse or his medical records available for our examination and inspection. Accordingly I have filed the Motion for Examination pursuant to Pa. R.C.P. 4010. It is my position that Rule 3.1 of the Supreme Court conforming Orphans Court procedure to equity practice makes the Pennsylvania Rules of Civil Proced- ure concerning discovery applicable to the instant case. Pa. R.C.P. 4001 provides in part "The rules of this chapter apply to any civil action or proceeding at law or in equity.. .". Pa. R.C.P. 4010 (a) permits the court to order a physical examination when the condition of a party is in controversy. Here the condition of the alleged incompetent is the only point in controversy. Goodrich-Amram Procedural Rules Service ~ 4010-6 illustrates the situation an exam- ination would be appropriate when the mental incompetency of a party is in issue in a contest over the validity of a contract. ROBERT C. SAlOIS EDWARD E. GUIDO SAlOIS Be GUIDO ATTORNEYS AT LAW 26 W. HJGH ST. P. O. BOX 560 CARLISLE. PENNSYLVANIA 17013 AREA COol! 717 TEL.KPHONE 24S.CS222 Honorable Dale F. Shughart Page 2 February 23, 1978 The petition for appointment of a guardian filed in this matter also requested a physical examination, pursuent to 20 PA. C.S.A. 5511 which allows the court to appoint a physician to examine the alleged incompetent who shall submit a report in writing to the court and parties before the Hearing. You declined to sign that portion of the Order when the Petition was filed. I would request, therefore, that an Order be entered pursuant to Pa. R.C.P. 4010 ordering the examination.