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MCCREA & MCCREA
ATTORNEYS AT LAw
NEWVILLE & SHIPPENSBURO
PENNA..
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
NO. 45 ORPHANS 1978
ESTATE OF ROBERT CLOUSE,
AN ALLEGED INCOMPETENT
ANSWER TO MOTION FOR PHYSICAL EXAMINATION
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
The Answer of Robert E. Clouse to the petition of
Genieve Clouse for a physical examination respectfully
states, by and through his attorney, John McCrea III:
1. It is denied that Robert E. Clouse is unable to manage
his property because of mental deficiency. It is denied that
he is liable to dissipate his property or become the victim
of designing persons.
2. It is denied that Robert E. Clouse needs or requires
any medical examination to be ordered in connection with the
proceedings which seek to adjudge him incompetent and have a
guardian appointed.
NEW MATTER
3. It is believed, and therefore averred, that the only
purpose for which a physical examination is sought by Genieve
Clouse is to obtain information about the cause of action which
Robert E. Clouse has for personal injuries arising out of an
accident which occurred in March, 1976.
4. It is believed, and therefore averred, that the motion
for physical examination, and the entire proceedings for appoint-
ment of a guardian, are brought in bad faith by the estranged
wife of Robert E. Clouse, from whom he has been separated, by
her choice and direction, since August, 1972, the separation
having occurred under circumstances which amount to desertion
on the part of Geneieve Clouse.
MCCREA & MCCREA
ATTORNEYS AT LAw
NEWVILLE &: SHIPPENSBURG
PENNA.
5. From the time of the accident in March, 1976, until
the institution of the proceedings for appointment of a
guardian, Geneieve Clouse made no communication with Robert
Clouse or his next of kin and made no attempt to learn the
condition of Robert Clouse, although for a period of months
following the acc~dent, Robert Clouse was hospitalized in
serious condition, both physically and mentally. Since
the accident, Robert Clouse has made a slow, steady improvement
in physical and mental functioning and in the restoration of
a normal life pattern.
Robert Clouse continues to receive
medical, psychological and rehabilatative treatment on a
regular basis.
It is believed, and therefore averred, that
further involvement of Robert Clouse in this incompetency
proceedings, and any order for his examination by physicians
other than those who have been treating him during the interval
of time following the accident, can and will cause a setback
in the process of rehabilitation and normalization which has
been ongoing for two years.
6. It is believed, and thereforeaverred,that the order
of any medical examination of Robert E. Clouse at this time
will cause unreasonable annoyance, embarrassment and oppression
at this stage of the healing process of his injuries.
WHEREFORE, it is prayed that Your Honorable dismiss the
Motion for Physical Examination and enter an order limiting
and prohibiting any further discovery or attempts by petitioner
to obtain a mental examination of Robert Clouse in this
proceeding.
MCCREA & DAVIS
Attorneys for Robert E. Clous
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John McCrea III
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