HomeMy WebLinkAbout01-27-15 REG"ORDIED OFFIVGE.'G.
Neil W.Yahn,Esquire REC,JS�IER OF WILLS
Attorney I.D.No. 82278 911127 P11 2 21
JSDC Law Offices
P.O.Box 650
Hershey,PA 17033 (,'LER!"11 OF
Attorneys for Petitioner 0 R P HGF,N S" 0 0 lu"RT
IN RE: CALENE M. CLOUSE, IN THE COURT OF COMMON PLEAS
an alleged incapacitated person CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
On the Petition of n( q
J.,Edward Clouse NO. I
PETITION TO ADJUDICATE INCAPACITATED AND APPOINT PLENARY
GUARDIAN OF THE PERSON AND ESTATE OF CALENE M. CLOUSE
TO THE HONORABLE JUDGE OF SAID COURT:
1. Calene M. Clouse(herein"Calene'% the alleged incapacitated person, resides at 4
E. Linden Drive, Carlisle, Cumberland County, Pennsylvania 17015.
2. Calene is seventy-four(74)years old having been born on December 29, 1939.
3. Calene is married to Petitioner, J. Edward Clouse (herein"Edward' or
"Petitioner"), though Calene and Edward have been separated since late 2001/early 2002, they
remain married and continue to maintain a harmonious relationship, including vacationing
together, until recently however, in which Calene's illness has been a detriment to her
relationships with everyone as reflected in further detail herein.
4. Edward is also Calene's appointed agent for health care decisions as.reflected in
the attached Exhibit"A".
5. Edward currently resides at 2075 Ritner Highway, Carlisle, Cumberland County,
Pennsylvania 17015.
6. Calene is not a current patient in a mental hospital,however Calene was recently
Involuntarily Committed as outlined in further detail below.
7. Edward and Calene have three(3) children who would be intestate heirs (or next
of kin),however one (1) child, namely Tiffany B. Clouse, recently passed away(in or about May
of 2012) who was a special needs individual and resided with Calene during her lifetime.
8. The names and addresses of Edward and Calene's other two (2) children are as
follows:
i. Heather R. Clouse who resides at 2215 Ritner Highway, Carlisle,
Pennsylvania 17015; and
ii. Vallery A. Clouse who resides at 1348 Boiling Springs Road, Boiling
Springs, Pennsylvania 17007.
9. Calene was never a member of the Armed Services of the United States and
Calene is not receiving benefits from the United States Veterans Administration.
10. Edward is currently'the appointed agent for Calene pursuant to a certain Durable
Special Power of Attorney for Health Care Decisions dated March 8, 2011 (see Exhibit"A").
11. Petitioner respectfully requests that he be appointed as Plenary Guardian of
Calene's Person and Estate.
12. The proposed guardian has no interests which are adverse to the interests of
Calene provided however, Petitioner and Calene are involved in mutual active and passive
businesses including Clouse Trucking which is a locally operated trucking company and certain
partnerships that own a'series of farms and other real properties.1
13. Petitioner believes and therefore avers that no Court has ever assumed jurisdiction
in a proceeding to determine whether Calene is incapacitated.
14. Petitioner believes and therefore avers Calene does not have a guardian already.
15. The reasons why this Plenary Guardianship is being sought are as follows:
i. For years, Calene has suffered from Bipolar Disorder and has taken certain
prescription medications related thereto;
ii. In recent months, Calene's health has declined and she is becoming hostile
with family members and others around her which has been exacerbated
since the passing of her daughter, Tiffany;
iii. In August of 2014, Calene was Involuntarily Committed as a result of an
incident at a theatre in which Calene made dangerous threats towards other
individuals, including statements such as "don't turn your head because
1 Petitioner will also involve James"Kirby"' unlap of Clouse Trucking,to assist Calene in the understanding and
appreciation of the complex business matters on a daily basis.
you're going to get a hole in the back of it, but don't worry you won't feel
it and definitely won't see it";
iv. Since being discharged from the hospital last month, Calene is objecting to
taking her medicine and has made continuous threats that"she is not going
to live like this anymore";
v. Petitioner believes and therefore avers that Calene is a threat to herself and
others around her; and
vi. Equally unfortunate, Calene has also bounced numerous checks in recent
weeks and made overdrafts on her bank accounts (see examples marked
collectively as Exhibit`B").
16. Calene is also being preyed upon and exploited financially including advancing
unnecessary purchases of"paperweights"at extraordinary prices (see invoices marked
collectively as Exhibit"C").
'17. On or about December 4, 2014, Dr. Thomas G. Bowers, Ph.D. (herein"Dr.
Bowers") completed the attached written report set forth as Exhibit"D" (herein the "Medical
Opinion"), which provides in relevant part that Calene suffers from "Bipolar Affective Disorder"
and has "demonstrated significant, and at times severe, difficulties in her memory functioning"
(see Page 5 of Exhibit"D").
18. Dr. Bowers concludes that this "can lead to frequent errors and difficulty when
managing complex day-to-day transactions" (see Page 5 of Exhibit"D").
19. As a result, Dr.Bowers "feels the assistance of a Co-Guardian for [Calene] may
very well be helpful to her. Because her estate and financial circumstances appear to be complex
and represent a degree of affluence, it is wise to seek the possibility of Co-Guardianship(s) to
help ensure [Calene's] best needs are carefully guarded" (see Page 5 of Exhibit"D").
20. This recommendation is consistent with the complex estate planning procedures
both Edward and Calene have advanced in their lifetimes through the creation of the Family
Limited Partnership and related entities outlined in further detail below.
21. The following steps have been.taken, in order to find less restrictive alternatives to
the appointment of a Guardian, however none have been successful:
i. numerous family discussions;
ii. regular visits with a Licensed Psychiatrist; and
iii. Involuntary Commitment referenced above for a period of thirty(30) days.
22. Petitioner believes and therefore avers that Calene cannot manage her own
personal.finances and that Calene can be easily preyed upon by designing or deceitful persons.
23. Petitioner believes and therefore avers that Calene is a threat to herself and others
around her.
24. Petitioner requests that he, as the proposed Guardian,be granted the powers to act
for both Calene's Person and his Estate.
25. The proposed Guardian avers that he is qualified to act as Guardian for Calene.
26. The gross value of Calene's estate is reflected in the attached compilation marked
as Exhibit"E" including her retirement accounts, social security income and respective interests
in the Clouse Trucking and family limited partnership.
27. Both the Petitioner and Calene have made substantial gifts as part of their
business succession planning as it relates not only to Clouse Trucking,but also in the context of
discounted gifts as part of the family limited partnership.
28. The prior gifts have been a critical part of navigating the potential Federal Estate
Tax issues that Petitioner and Calene face despite the current Federal Estate Tax Exemptions.
29. Given Calene's condition and that all of Calene's potential intestate heirs are
either the Petitioner herein or consent to the proposed Guardianship, in accordance with 20
Pa.C.S. § 5511(a), Petitioner does not intend to secure counsel on behalf of Calene,however
should this Honorable Court conclude that independent counsel is necessary, Petitioner
welcomes.the appointment of an attorney,to represent Calene's interests'in the matter herein.
WHEREFORE, Petitioner respectfully requests that this Honorable Court issue a
citation to Calene, Calene's intestate heirs and to such other persons as the Court directs, to show
cause why Calene should not be adjudged to be an incapacitated person and why Petitioner
should not be appointed as the Plenary Guardian of Calene's Person and Estate
Respectfully submitted,
JSDC W OFFICES
Date: + 2 c .f By:
Uahn; ,
.N . $2278enun, A 17036
80 P itioner
4
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn
falsification to authorities.
(4a rd Clouse
Date:
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF �4upjj rY
On this,the_6 day of �,'� , 2015, before me, the undersigned officer,
personally appeared J. Edward Clouse and, who,being duly sworn according to law, does depose
and say that the facts set forth in the foregoing Petition are true and correct to the best of his
knowledge, information and belief.
IN WITNESS WHEREOF, we hereunder set our hands and official seals.
e. Edw"ard Clouse
SWORN to and subscribed before me this day of , 2015.
Notary Public
A10 r6Ll C
COMMON�LE4,1a OF PENNSYLVANIA
xWoNal 5031
Deniltl A W9,Notary Public
00AV'i vP,,Dauphin County
�I OM100on Iron MaX 25,2015
O Pa fii SYLVANYA W=MMON OF NOTARIES
Neil W.Yahn,Esquire
Attorney I.D.No. 82278
JSDC Law Offices
P.O.Box 650
Hershey,PA 17033
Attorneys for Petitioner
IN RE: CALENE M. CLOUSE, ) IN THE COURT OF COMMON PLEAS
an alleged incapacitated person ) CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
On the Petition of )
J. Edward Clouse ) NO.
CONSENT TO APPOINTMENT AS GUARDIAN
1. The name of the proposed guardian is J. Edward Clouse.
2. J. Edward Clouse, the proposed guardian, resides at 2075 Ritner Highway,
Carlisle; Cumberland County, Pennsylvania 17015 and is employed as the President of Clouse
Trucking, Inc. however he is committed to taking time away from work to assist in his wife's
care and needs.
3. The proposed guardian speaks, reads and writes the English language.
4. The proposed guardian does not have an interest adverse to the alleged
incapacitated person.
5. The proposed guardian is not a fiduciary, or officer or employee of a corporate
fiduciary, of an estate in which the alleged incapacitated person has an interest; and is not the.
surety, or officer or employee of a corporate surety of such fiduciary.
6. The proposed guardian consents to act as guardian of the Person and Estate for
Calene.
Dated: l' �� IS ✓��i'
J. Edward Clouse
EXHIBIT A
DURABLE SPECIAL POWER OF ATTORNEY
FOR HEALTH CARE DECISIONS
1,CALENE M. CLOUSE,of 4 East Linden Drive,Carlisle,Cumberland county,Pennsylvania,
appoint the persons named below to be my health care agent to make health and personal care
decisions for me.
I appoint the following health care agent:
Health Care Agent: J.EDWARD CLOUSE Mouse
Name Relationship
Address: 2075 Rittner Highway
Carlisle,PA 17015
Telephone No: (717)448-9418 (C)
if my health care agent is not readily available,I appoint the following health care agents,to act
jointly or severally:
I
ALTERNATES:
Health Care Agent: HEATHER R.CLOUSE dauahter
Name Relationship
Address: 2215 Kitner Highway
Carlisle PA 17015
Telephone No: (717)448-9420(C)
AND
Health Care Agent: VALLERY A.CLOUSE daughter
Name Relationship
Address: 1348 Boiling Springs Road
Boiling Springs,PA 17007-9244
Telephone No: (717)574-2562
Effective immediately and continuously until my death or revocation by a writing signed by me
K
or someone authorized to make health care treatment decisions for me, I authorize all health care
providers or other covered entities to disclose to my health care agent, upon my agent's request,
any information, oral or written,regarding my physical or mental health,including, but not
limited to,medical and hospital records and what is otherwise private,privileged,protected or
personal health information,such as health information as defined and described in the Health
Insurance Portability and Accountability Act of 1996(Public Law 104-191, 110 Stat. 1936),the
regulations promulgated thereunder and any other State or local laws and rules. Information
disclosed by a health care provider or other covered entity may be redisclosed and may no longer
be subject to the privacy rules provided by 45 C.F.R.Pt. 164.
My Health Care Agent's Powers
My Health Care Agent may make decisions regarding medical attention and services for me. Such
decisions shall include,but shall not be limited to: y
• Choice of physician and choice of hospital or nursing home.
+ The unrestricted power to determine,upon advice of a physician,whether I urn in need of
surgery or medication and to arrange for and consent to medical,therapeutic and surgical
procedures for me,as well as the administration of drugs.
• To authorize my admission or discharge from a medical,nursing,residential or similar
facility,and to execute any consents or admission forms required by such facility and enter
into agreements for my care and health insurance for my care,including the retention of
nurses for me,hospice and/or palliative care.
e To hire and fire medical,social service and other support personnel responsible for my care.
• To make an anatomical gift of all or part of my body.
« Any decision concerning other care,comfort,maintenance,and support as my Agent may
determine,including the power to exercise any written consents or approvals which may at
any time be required with respect to any such medical decisions regarding my physical or
mental condition.
Legal Protection:
Pennsylvania law protects my health care agent and health care providers from any legal liability
for their good faith actions in following my wishes as expressed in this form or in complying
with my health care agent's direction. On behalf of myself,my executors and heirs,I further hold
my health care agent and my health care providers harmless and indemnify them against any
claim for their good faith actions in recognizing my health care agent's authority or in following
my treatment instructions.
IN WITNESS WHEREOF,L CALENE M.CLOUSE,have hereunto set my hand and seal
on this •��,L g" a�2011.
WITNESS:
CALENE M.CLOUSEfry
COMMONWEALTH OF PENNSYLVANIA ) -
)SS
COUNTY OF DAUPHIN
On this
A? 2011,before me,a Notary Public,the undersigned officer,
personally appeared,CALENE M.CLOUSE,known to me(or satisfactorily proven)to be the
person whose name is subscribed to the within instrument and acknowledged that she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF,I hereunto set my hand and official seal.
COMMONWEALT H.OF MffSYLVAMA
Notatm sem
Coamdra T.Rwd�baum.11,0r,Public
LMW POW T"B"Dot ZDIZal DRUPIgn CDMW Notary Public
CMMRWM 4
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Member.FWarAnn1a Assodatlon of MWes
EXHIBIT B
s
- 07-W14
M$04M1AF41474r18M284000da 4Wi-1 4
CALENE M CLOUSE
4 E LINDEN DR
CARLISLE PA 17015-5906
Re:Account number ending in 3324
Dear CALENE M CLOUSE.
Our records indicate that in the 30-day period ending 07-07-2014 you incurred$595.00 in overdraft fees.In an effort to assist
you in avoiding additional fees from ging assessed,we will begin to decline any transaction that would result in an overdraft fee.
We will do this beginning on 08-06-2014.There may be instances where we are not able to do this,but we will generally decline
most transactions that would overdraw your account.This means that any check,electronic payment,online banking transfer or
other transaction for which there are insufficient funds in your account will generally not be paid.
After a period of six(6)months,we will re-evaluate your account.At that time,we may resume paying transactions even if you
do not have sufficient available funds and charging you any applicable overdraft fees.We will notify you approximately thirty(30)
days before we do this.
At Santander,we offer options to help ensure your transactions will be paid even when you do not have sufficient available funds
in your account.You can link another deposit account,such as a savings account,to your checking account and qualified
customers may also link their checking account to a Santander Easy Access Line of Credit.The available credit in your Santander
Easy Access Line'dKeedit can also'beused-tcrfund major purchases or allaw you to-have emergency cash-son hand.Overdraft . ,
transfers from a savings account or Santander Easy Access Line of Credit are subject to a$12 transfer fee,and the Santander Easy
Access Line of Credit is subject to finance charges and other fees.
If you have any questions about this letter or want more information on our overdraft protection products and services,call us at
1-877-768-2265,stop by a Santander Sramh,or visit us online atsantanderbank.c m.
Sincerely,
Maria Rousseaux
Vice President '
Consumer Services
Santander Bank,NA.is a Member FDIC and a wholly owned subsidiary of Banco Santander,S.A. 02013 Santander Bank.NA.ISantander and Its
logo are registered trademaft of Banco Santander,S A.or Its affiliates or subsidiaries In the united States and other countries.
LC-RErN0088
Satitanf
er Fee Reversal Notice
July 17,2014
M88GI4a4F0 f 077 7161246-00000=4=-1 0
CALENE M CLOUSE
4 E LINDEN DR
CARLISLE PA 17015-6906
Processing Date:07/1712014
Account Number: M1103324
The fees listed below have been refunded to your account:
Fee Destr on Amount
Overdraft Fee - 35.00
Ove raft Fee 35.00
For checking,savings and money market accounts(other than Premier Checking accounts)that remain overdrawn 6
I consecutive business days,we will assess a one-time$35 Sustained Overdraft Fee after the 6th business day the
account is overdrawn as long as the account remains overdrawn. For information on overdraft protection, please call
877-768-2265 or visit a branch.
Thank you,
Maria Rousseaux
Vice President
Consumer Services
4 ,
EXHIBIT C
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Calene Clouse
4 East Linden Drive
Carlisle, PA 17015
May 17, 2014
14M19 Paul Stankard"Orif with fruit, flowers&bees (ret- $6500) $5500.00
13M96 Rick Ayotte bouquet paperweight entitled"House of Blues" (ret: $2400) 1900.00
14M91 Melissa Ayotte"Barn Owl"with red rose eyes (ret: $1650) 1400.00
14M86 Colin Richardson paperweight with spider flowers and purple fruit (ret: 750.00
$850)
14M61 David Graeber"Orb"with pinecones and red berries (ret; $3000) 2400.00
9M54 Peter McDougall paperweight with a two-cane flower bouquet on white 300.00
muslin (ret: $350)
12M5 Peter McDougall faceted"cane flower"bouquet pap6rwelght (ret: $850) 750.00
RP Delmo Tarsitano red lizard with pink flower on earth ground (ret: $1100) 950.00
328 Melissa Ayotte tiger lilies in russet stone (ret: $650) 575.00
KLR52 Paul Ysart early double fish on rocky ground (ret: $1950) 1600.00
Rounding ou ... 16,125.00
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You wear a coat of many colors, ftrics, and *duvs.
D is made of friends and family who are here and
no longer here, for and not so far.
1W are a I I part of the coat that keeps you warm
wherever you go.
Dear Linda, August 26, 2014
Please find enclosed a copy of Calene's returned check presented to me in payment
for goods purchased at my stand at the St. Anthony's-flea market on Sunday,
August 17, 2014. As per our phone conversation this morning, also find a bill for
the same plus a return check fee of$15 that was debited to my account for this
action, I await your response of payment to this debt.
ITEMS PURCHASED: $563.50
RETURN CHECK FEE.-
4
TOTAL DUE: $578.50
I felt a strong connection to Calene while she visited with me last Sunday for 2 and
V2hours. She presented herself as a good person with very caring tendencies i6d"_'
high moral values. I came to think of her as a friend and was looking forward to
meeting her for lunch or dinner at some future time. When I heard she was
hospitalized, I was very concerned with her welfare and will keep her in my prayers.
I hope she, will soon return to the love and warmth of her family..,in good health and
spirits.
I thank you in advance for your prompt attention to this matter. Please send
Payment to the following:
Bonnie Allison
5212 Rookery Road
Spring Grove, PA 17362
I can be reached at (717) 225-1603 if you have any questions.
Respectfully submitted,
Bonnie L. Allison
Ms.Bonnie Allison
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`. 4pring Grove,PA 17362-8034
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Receipt
LH Selman,Ltd. Dates Sale#
410 S.Michigan Ave.Ste.#207
i2-Aug-2014 232223
Chicago,IL 60605
(312)583-1177
Sold To Shlo To _
Caisne Clouse Colons,Clouse
4 East Linden Drive 4 East Linden Drive
Carlisle, PA 17015 Caftle,PA 17015
(717)250-1239 (717)258-1238
Items Sold MY Price
AM 1064BR Total $150.00
Antique Gillinder molded glass turtle paperweight.A brown metal turtle,with movable legs,head and
tats,Is suspended within a circular,molded,hollow,clear glass dome.Ribbed sides and brown paper
base within the dome,wooden base to underside.Diameter 31/0".
VTO1 OCL Total $600,00
Victor Trabuc co 1984 red and yellow flame Illy paperweight. A red and yellow flame My with black
accents droops gracefully from a long stem shared with six gently twisting bladed leaves and a
promising red bud.Clear ground.Signature cane.Signed/dated. Edition#32 of a limited edition of 50.
Diameter 31116".
PS935BK Total $1,600.00
Paul Stankard 1977"First Bouquar floral design paperweight.The colorful bouquet consists of yellow
meadowreath,red St.Anthony's tire,blue forget-me-nots,white bellflowers,white chokeberry
blossoms,stems of red chokeberries,various buds and assorted green leaves,over clear ground.
Two signature canes.Olamatar2151160.
RA1032SE Total $5,000.00
Rick Ayotte 1991 rainbow-colored hummingbird faceted magnum paperweight. A rainbow-colored
hummingbird,bright yellow with bright blue wings and orange markings,dives into a cluster of
trumpet-shaped blooms of the some hues,over clear ground. Seven and one facets. Limited edition
of 10. Signedidatad. Diameter 4112".
,i
... Total $1,200.00
Jim butterfly paperweight. Eighth In the Su"series. A Paradises
mad green and yellow wings,hovers over yellow-centered white cosmos
en leaves,on clear ground. Signed/dated. Limited edition of 50. Diameter 3
S�
Total $3,260.00
ingbirds paperweight. A pair of gray and whits mockingbirds sings gaily from
h tree,thick with pink blossoms and green leaves,on clear ground.
edition of 50. Diameter 3 5B00.
1
LH Selman,Ltd. Date Salle*
410 S.Michigan Ave.Ste.#207
Chicago,IL 60606 12-Aug-2014 232223
(312)583-1177
Sold To Ship To
Calene Clouse Calene Clouse
4 l=ast Linden Drive 4 East Linden Drive
Carlisle, PA 17015 Carlisle,PA 17015
(717)258-1239 (717)258-1239
Items Sold city Price
RA282AW Total $1,800.00
Rick Ayotfe 1894 spotted owls paperweight. Two spotted owls,one perched on a branch and the
other in a hollow of the same tree,gaze Into the night with wide eyes,a full yellow moon hung from
the sky behind them. Signed/datad. Limited edition of 60. Diameter 3 7/8".
JT092 Total $600.00
Jesse Taj Glass"Sea Cave"extra large marble.The piece contains assorted fish,turtles,jellyfish,
coral,and starfish,and has a pebbly dark yellow Interior wall,with a drds of blue on the side opposite
W- the curved front window.Half of the exterior Is covered with a layer of speckled tan,green,and blue.
' 'Taj 2004"aignaturefdate cane.Diameter 3 6/8".
BB315JS Total $1,000.00
Bob Banford entwined black snake with spider and lady bugs paperweight.A black snake,studded
from head to tell with small red-centered yellow spots,Is cunningly wrapped within the follage of a
creeping,leaf-covered vine,in prey perhaps of a brown-bodied spider with a splay of black legs,itsetf
seemingly M prey of two bright red lady bugs who are distractedly dining on ft plant.The plant,we
assume,is in prey of nothing.Pebbly ground.Signature cane.Diameter 3 3116".
KR555 Total $600.00
Ken Rosenfeld 2013 orange flowers with a lavender morning glorybouquet
paperweight.Two exotic
orange flowers,each with six shaded petals and a plethora of exuberant red-tipped,white stamens
thrusting from its core,dominate a motif that Is otherwise shared by small orange buds,three small
r blue blossoms and one large deep lavender morning glory with furling bud.Leaves and tendrils
complete the bouquet which float above an opaque green ground.Signature cane/date cane.
Diameter 3 5/16".
KR572MM Total $300.00
Ken Rosenfeld 2000 pine cone with white blossoms petite pedestal paperweight A single pine cone
hangs amid a duster of leaves and pine needles along with a small white blossom and white
companion bud,over clear ground.Black,footed base.Signature cane.Signed/dated-Diameter 2
7/16".
KR580 Total $329.00
?' Ken Rosenfeld 2013 mistletoe and a bow petite Christmas paperweight A pretty dump of mfttietoe,
its many green leaves cleaved with yellow veins,is brightened with small white berries,and hangs
from a long bare stem tied at the top with a trailing ruby aventudne bow,over dear ground.
Signature/date cane.Diameter 2 7/16
i
LH Selman,Ltd. Date Salle#
410 S.Michigan Ave.Ste.#207 12-Aug-2014 232223
Chicago,IL 60605
(312)583-1177
Sold To Shin To
Calan Clouse Coterie Clouse
4 East Linden Drive 4 East Linden Drive
Carlisle, PA 17015 Carlisle,PA 17015
(717)258-1239 (717)256-1239
items Sold QtY Pricer
EB238VS Total $460.00
Drew Ebelhare 2004 red flowers In a snowy field paperweight. A generous cluster of snow-dusted red
five-petalled,yellow-stamened blooms push through a snowy landscape with green leaves and stems;
red,brown and green thin rods scattered on the white crusty ground resemble winter grass showing
through snow. Signed/dated. Diameter 2 7116'.
HN009 Total $460.00
Larry Henderson 2013 blue)ay mun ini and vines paperweight.A large blue(ay murrina,with an
opaque apple green ground,seems to hang,Rowan-like from three arcing green vines springing iron
two tufts of leafy foliage,along with three black and white flower canes,on clear ground.Hand-
engraved scroll work on the base completes the design.Signed/dated.Diameter 2112".
RH023SB Total $260.00
Ronald Hanson"Bunt-Orange Rose"crystal ring holder.A burnt-orange Sandwidrstyie rose,
mounted atop a slender,leaf-fianked curving stem and crowned by three additional green leaves,
rests on an opaque orange ground_.A clear spire emerges from the cantor of the pipe&to receive
rings.Diameter 19/16',height 2112".
DE372KM Total $600.00
John Deacons 1999 dear-encased double overlay paperweight. A pink double clematis,with single
white stripes on each petal and a crown of leaves,site atop a short curved leafy stem over a cushion
of white radiating latUdInio ribbons within a blue-over-white double overlay. Top facet and two mors of
circular side facets as well as fancy cuts to the overlay which is set within a dear encasement,again
with top facet and two rows of circular side facets."JD 1999"signatuns/date cane.Diameter 3 3/8".
JG015CL Total $350.00
"J"Glass 1981 faceted milleflod butterfly and garlands paperweight,by John Deacons.A central
milleflorl butterfly is encircled by a ring of blue and white complex canes,which Is surrounded by a
pair of Interlaced cinquefoil garlands,one in blue,and one In white,on opaque purple ground.Top
facet and spaced aideAnger facets.Limited edition of 101.Signature/date cane.Diameter 215/18".
DE402.1 Total $300.00
John Deacons 2012 three butterflies on upset muslin paperweight.A colorful central ring is comprised
first of a large complex rainbow-colored stardust cane,then a ring of eight pink and green Clichy-style
noses and finally a garland of alternating orange and pink complex canes.Set within a ground of white
upset muslin,this figure is then ringed by three large crimson butterflies alternating with three purple
and cream-colored Clichy-style roses.Signature/date cane.Diameter 3 3/16".
PPS81.7RG Total $2,600.00
Perthshire Paperweights 1981 honeycomb-faceted honeybees magnum paperweight.The piece
contains three honeybees which appear as a swarm,under a high,honeycomb-faceted dome.Clear,
diamond-cut ground.Limited edition of 200.Diameter 31/2".
LH Selman,Ltd. Date safe#
410 S.Michigan Ave.Ste.#207
Chicago,IL 60605 12-Aug-2014 232223
(312)583-1177
Sold To Ship To
Calene Clouse Galena Clouse
4 East Linden Drive 4 East Linden Drive
Carlisle, PA 17015 Carlisle,PA 17015
(717)258-1239 (717)2584239
Items Sold Qty Price
PPS97.7Ao Total $660.00
Perthshire Paperweights 1997 three-dimensional bouquet paperweight. Two pretty clematis blooms,
one orange and the other pink,are flanked by two smaller blossoms in white and sky blue,and sit
within a nest of veined loaves atop a swirling white latflcinio cushion,three orange buds crowning the
composition. Top facet and three rows of eight circular side facets. Limited edition of 200. Scratch-
signed"P"on base. Diameter 215116".
PP2074MM Total $140.00
Perthshire Paperweights 1998 pink damatis flower on latticinio paperweight.A central pink lampwork
clematis blossom with a complex cane center,encircled by six sprigs of green leaves,rests on
radiating white latticinio ribbons and spaced green segments of a steve basket.Signatureldate cane
on baso.Limited edition of 260.Diameter 2112".
SC932.2 Total $200,00
Correia Art Glass green frog on a black orb paperweight A three-dimensional,bladcspotted green
frog,hands clasped as if in eager anticipation of a meal,straddles the crest of an opaque black orb
girded by a ring of spaced green Nly pads.Signed/dated.Diameter 2 511611.
ST3324KA Total $300.00
Saint Louis milleflori glass cufflinks. A set of cufflinks with"SL"signature canes in each are carded by
a ring of white star canes and red and yellow cog canes. Diameter 11118".
MA500 Total $226.00
Possibly Bohemian antique trumpet flowers faceted paperweight. Five symettrketly placed multi-
colored trumpet flowers,each with a bubble at Its center,extend from a mottled translucent green
cushion at the base of a vertical dear glass dome.All over faceting.Diameter 2 3140,height 3 71160.
1-1-041.1 Total $276.00
Smallhouse Art Glass Dyeing Poison Frog paperweight Athree-dimensional,black-atrlped,muRicolor
frog,rests on dark!mown leaves,an a spaded light brown base.Signed/dated.Diameter of base 3
114'.
AM1859MD Total $200.00
Unidentified makerAmerican motto"Cheer Up"robin faceted paperweight.The wards'CHEER UP"In
blue block letters are above the dark brown outline of a robin with a pink breast holding a worm above
turquoise foilage,on opaque white ground.One tilted facet.Diameter 3112".
COMM Total $4,663.00
200A Auction Commission
Shipping Total $0.00
LH Selman,Ltd, Date sale#
410 S.Michigan Ave.Ste.#207
Chicago,IL 60605 12-Aug-2014 232223
(312)563-1177
Sqld To ahiD To
Calene Clouse Calene Clouse
4 East Linden Drive 4 East Linden Drive
Carlisle,PA 17015 Carlisle,PA 17015
(717)256-1239 (717)258-1238
items sold tAt Price
1st payment($10,550)mailed Monday,Aug 25th 'fax $0.00
2nd payment($9,890)mailed Monday,Sept 221h Total,Due $►28,098.00
3rd payment($7,658)mailed Monday,Oct 27th
Amount Paid $0.d0
f3a{ante $28,098.00
Family Development Services,P.C.,
56 Erford Road,Camp Hill,Pennsylvania 17011-2395-Telephone(717)901-9280-Fax(717)909-1288
fanidevsery@comcast.net
r CONFIDENTIAL REPORT
OF PSYCHOLOGICAL EVALUATION
Name: Calene M. Clouse : r
Dates of Evaluation: 12/04/2014
Date of Birth: 1229/1939 ;
Age at evaluation: 74 years
Examiner: Thomas G. Bowers, Ph.D.
Place cif Evaluation: Family Development Services,P.C.-
Referred
C:Referred by: JSDC Law Offices;Neil Warner Yahn,Esq.
Reason for referral: Assess for recent decline in health, assist in understanding her capacity.
--- CONFIDENTIAL---
I. HISTORY AND BACKGROUND
Calene Clouse, a 74-year-old female nearing 75 years of age, arrived on time for her appointment
accompanied by her husband. "She appeared to be about her stated age'. She explained that-she
has been,depressed recently,and that she has been treated for a Bipolar Disorder apparently over
the last eight years or so. She also complained that her depression becomes more difficult over
the winter months. Mrs' Clouse explained that she had lost her daughter, Tiffany, when Tiffany
was 48years old in May 2012.`Tiffany apparently'suffered from Down's Syndrome,and was a ;
special needs individual who resided with her mother, Calene, for many.years. Mrs. Clouse cried' '
while discussing Tiffany, as did her husband during later interviewing.
' Mrs. Clouse grew up with her brother who is two years her junior. She appeared to feel that she
hada happy life whilegrowing up. She completed high school and she also attended the Carlisle
Commercial College: She did'work;with a trucking company for many years. She'inarried and
had three children from that union. Her,daughter, Tiffany,ainoted earlier,had'suffered"from
Down's Syndrome and died about two years ago: Mrs. Clouse also has two girls,Heather and
Vallery. Both daughters'are said•'ty be doing well, one iivirig in Florida and another daughter
CLOUSE, CALENE M. Page 2 of 6
lives locally,is a bus driver for handicapped services. Mrs. Clouse indicated that she lives by
herself. She explained that she obtained her own house, and has lived apart from her husband for
about tenor twelve years. Nevertheless; they apparently manage to get along well. Although
Mrs. Clouse acknowledged earlier difficulties in their.marriage that led to her living
independently over the years.
In-terms of her overall health, Mrs. Clouse has been followed for a Bipolar.Disorder by
Dr. Moola. She is treated with Lithium and another type of medication. Those records were`
requested to verify the history of treatment of medications. She had her knee replaced about ten
years ago through Johns Hopkins Hospital. She stated however that she has some trouble
Walking and hence, she may need follow-up in this area.
Mr. Clouse was also briefly interviewed. He indicated, as did the available records provided, .
that Mrs. Clouse has begun to spend money excessively and impulsively. She has been treated
for the Bipolar Affective Disorder for some years, but apparently her functioning has worsened
since Tiffany's death. Mrs.Clouse had a collection of guns in her household and she was said to
be a skillful shot. However,her daughter,Heather,had removed the guns at the recommendation
of the Pennsylvania State Patrol. Mrs. Clouse's difficulties with her Bipolar Disorder became '
severe enough that she was involuntarily hospitalized August 2014 in a hospital in Reading,
Pennsylvania.
II. TESTS ADMINISTERED
Dementia Rating Scale-II (DRS-II)
Wechsler Memory Scale-IV(WMS-IV)
Test of Premorbid Functioning(TOPF)
Texas Functional Living Scale(TFLS)
III. EVALUATION RESULTS
Mrs. Clouse's overall approach to the evaluation was marked by good humor with a pleasant and
thoughtful demeanor. She appeared to be highly motivated to do her best on the evaluation.
Accordingly, the results were thought to be a valid indication of her level of functioning. '
Mrs. Clouse's overall cognitive capacity was at least average in terms of premorbid.expectations.
Estimates of her premorbid functioning, on the basis of her TOPF reading recognition scores,
indicated apredictea level of intellectual functioning of 82, in the low-average range. However,
demographic expectations and expectations an the basis of her history and background suggested
at least average intellectual capacity,and likely somewhat better abilities. Her predicted intellect
levels on the basis of the TOPF demographic scores was.111, which agreed well with her history.
CONFIDENTIAL REPORT
CLOUSE, CALENE M. Page 3 of 6
Cognitive functioning
Much of Mrs. Clouse's current cognitive functioning appeared to be intact in important areas
such as attention,initiation'and perseveration,construction,.and conceptualization. However,
she demonstrated a mild but still significantly weak performance on her memory abilities relative
towards her expected levels of functioning.
Mrs. Clouse's overall pattern of functioning on the DRS-II were,
Subtest Scaled Score* Percentile
Attention 12 72-81%
Initiation/Perseveration 10 41-59%
Construction 10 41-59%
Conceptualization 10 41-59%
Memory 7 * 11-18%
*Mean or average score= 10, (standard deviation plus/minus 3)
Overall, Mrs. Clouse's performance on the Dementia Rating Scale was relatively intact.
However, she demonstrated significant difficulty with memory, which is one of the most
sensitive measures of overall cortical and cerebral integrity. Overall, her age-corrected average
scaled score was roughly low-average, hence significantly below her expected level of
functioning.
Memory abilities
Mrs. Clouse was also administered the Brief Cognitive Status Exam from the WMS-IV. Her
performance here was highly similar to her performance as noted on the Dementia Rating Scale,
indicating an overall classification level of borderline memory functioning. Her overall pattern
of performance indicated relatively adequate orientation and good abilities for time estimation.
She was also able to manage good attention and mental control. However, Mrs. Clouse's
incidental recall was quite weak, and her overall pattern of performance while executing these
tasks was also notably slow-paced.
Functional and Adaptive Skills
Given the concern that Mrs. Clouse may'possibly'have difficulty managing her everyday
functional abilities and adaptive skills, she was administered the Texas Functional Living Scale
(TFLS). Her pattern of performance here was highly similar to her memory results, as she-.
demonstrated adequate.abilities in judging time and orientation, and good abilities managing
monetary calculations and processing. However, she had significant difficulty managing
communication,and significant difficulty when required to demonstrate memory abilities.
Overall,her TFLS total T-score was'41, which was below the average levels of scores and
CONFIDENTIAL REPORT
'CLOUSE, CALENE M: Page 4 of 6
significantly below her predicted levels of functioning on,the basis of demographically expected_
scores,although not so relative to her reading recognition.scores. Her overall functional and
adaptive skill results are below:
Scale -Percentile
Time 5145%
Money& Calculation 51 '75W
Communication 3-9%
Memory 3-9% * A.
Total T Score 41 18% * `
Overall, when compared to various normative comparison groups, Mrs. Clouse's pattern of '
scores were most similar to those individuals who have experienced chronic neuropsychiatric
difficulties, rather than individuals who experienced frank or severe dementia.'
IV. SUMMARY, FUNCTIONAL LIMITATIONS,RECOMMENDATIONS,AND
OUTLOOK
Calene Clouse, a 74-year-old female nearing 75 years of age at the time of this evaluation, was
evaluated on her neuropsychological functioning to help assist with the understanding of her
current functioning abilities,to include her everyday capacity to manage everyday life demands.
She has experienced a Bipolar Affective Disorder over many years. She has been treated in
follow-up for these difficulties with Dr. Moola through outpatient services at Holy Spirit
Hospital. Her functioning apparently has worsened in recent years and at this juncture, her
husband and her daughter, Heather,are petitioning the court to be appointed Co-Guardians for
her Person and her Estate.
Mrs. Clouse's estimated premorbid intellectual functioning was at least average; although her
scores on the Test of Premorbid Functioning suggested abilities in the low-average range. '
However, on the basis of her long history of sound functioning, it is felt most likely that Mrs.
Clouse's intellectual capacity is at least average.and possibly high average. Demographic scores
from the,TOPF suggested high average functioning.
Currently;Mrs. Clouse demonstrated relatively adequate and sound-abilities managing attention,
as well as initiation and perseveration. Her conceptual abilities and visual/motor construction `
skills and abilities also appeared to be adequate. However, she demonstrated significant
impairment in memory abilities. She also demonstrated a pattern of significantly weak memory
abilities. Her adaptive skills and behaviors are relatively well preserved, she has adequate
orientation and time estimation awareness, and reasonably average abilities in terms of managing
money and calculation. However again, Mrs. Clouse demonstrated problems with
t communication, including problems demonstrating adequate memory and,recall.
CONFIDENTIAL REPORT
CLO.USE, CALENE M. Page 5 of 6
Overall, this pattern of difficulties is consistent with an individual who historically has coped
with a Bipolar Affective Disorder over,many years. Her functioning along these lines has
probably worsened by the loss of her daughter, Tiffany, about two years ago in May 2012. In '
addition, her memory and communication problems also suggest relatively new mild
neurocognitive problems. Overall, her overall pattern of functioning indicated the following:
Bipolar Affective Disorder., by history(296.80)
Major Neurocognitive Disorder(294.10)
In terms of recommendations,there are four areas which may be helpful for Mrs. Clouse. First
of all, it is recommended that she have a follow-up with neurology,particularly with individuals
experienced in;geriatric neurology. There are many resources for these types of services.
Locally, the Hershey Medical Center,is a good resource. It may well be useful for Mrs. Clouse
to also-receive a radiological study,to the extent that she is able to tolerate this procedure, to help
identify.any other possible sources for her demonstrated memory problems. At times,geriatric
neurological treatment can stabilize neurocognitive difficulties such as memory problems.
Second, Mrs. Clouse is certainty encouraged to continue her involvement with psychiatry, such
as with Dr. Moola. Individuals with Bipolar Disorders can often benefit greatly from
medications. At times,one's functioning is highly fluid and hence, is subject to temporary
inefficiencies. Yet other times they can function at a relatively high level. In addition,there is
usually family counseling available through psychiatric services which may be helpful to Mrs..
Clouse, her husband, and her family.
Third, in terms of her overall capacity to manage her everyday functioning, Mrs. Clouse has
adequate abilities in terms of orientation, abstraction, as well as maintaining adequate attention
and concentration. However, she also demonstrated significant,and at times severe,difficulties
in her memory functioning. This can lead to frequent errors and difficulty when managing
complex day-to-day transactions. As a result,this examiner feels the assistance of a Co-
Guardian for Mrs. Clouse may very well be helpful to her. Because her estate and financial
circumstances appear to be complex and represent a degree of affluence, it is wise to seek the
possibility of Co-Guardianship(s)to help ensure Mrs. Clouse's best needs are carefully guarded.
In addition, this examiner would suggest an annual independent review of her estate by
accountants to help monitor the Co-Guardianship arrangement(should one be granted)and to
ensure that Mrs. Clouse's best interests are being well attended to.-Individuals at Mrs. Clouse's `
stage of life are often concerned with generational legacy. Mrs. Clouse may well wish to
develop her financial circumstances in these areas, but it would be wise for her to have the
assistance of Co-Guardians and indepeAdent financial review to help her attain her wishes and to
guard against unintended problems due to memory or communication difficulties.
Finally,the general outlook for an individual with the types of difficulties as Mrs. Clouse.
presented with is one of stability,marked by gradual,but slow decrements in functioning. ;
Individuals with Bipolar Affective Disorders may well behave in a fairly fluctuating fashion;
CONFIDENTIAL REPORT
CLOUSE, CALENE M. Page 6 of 6
sometimes becoming much better, while other times becoming notably worse. Therefore,
t continued regular psychiatric follow-up is likely to be very.helpful for Mrs:Clouse in this regard.
The usual pattern of functioning for a major neurocognitive disorder is that there is a significant
subset of individuals who gradually become worse and require additional care and treatment. As
a result, Mrs. Clouse's overall outlook in terms of her overall abilities and functioning is guarded.
Thomas G. Bowers, Ph.D.
Clinical Psychologist
License Number: PS005101 L
TGB/mah/lmb
CONFIDENTIAL REPORT
EXHIBIT A
Clouse Farms Family Limited Partnership
Plan of Division
The terms and conditions of the division of Clouse Farms Family Limited Partnership are
as follows:
1. Clouse Farms Family Limited Partnership is the limited partnership effecting the
division and Clouse Farms U Family Limited Partnership is the new limited
partnership.
2. Prior to division,the following constituted the ownership interests of Clouse
Farms Family Limited Partnership:
JECL,LLC General Partner 1%
CMCL,LLC General Partner 16/0
J.Edward Clouse Limited Partner 21%
Calene A Clouse Limited Partner 23.22%
Heather Clouse Limited Partner 28%
Vallery A. Clouse Limited Partner 25.78%
3. After division,the ownership of Clouse Farms Family Limited Partnership,
the surviving limited partnership,will be as follows:
JECL,LLC General Partner 1.85%
CMCL,LLC General Partner 1.85%
J.Edward Clouse Limited Partner 26.97%
Calene M. Clouse Limited Partner 17.43%
Heather Clouse Limited Partner 51.890/0
4. The ownership of Clouse Farms H Family Limited Partnership,the new
limited partnership resulting from the division,will be as follows:
Clouse Farms Family Limited Partnership, 40/c
General Partner
Clouse Farms Family Limited Partnership 96%
Limited Partner
5. Clouse Farms Family Limited Partnership,the dividing limited partnership,will
survive the division.
6. After division,the new name of the surviving limited partnership shall be
Clouse Farms I Family Limited Partnership.
c,6'ese b,s 4,
CLOUSE ASSETS (2/2012) C a
Assets(Ed only) Value
Clouse Trucking,Inc(47.93%) $ 1,142,486
Clouse Farms FLP(22°lo Limited PS interest) 1,904,522
Frequency Technologies,LLC(2%or 20 units) 987,865
Frederick Maryland properties(2) _ 3.123.753
$ 7,158,626
Assets(Calene only)
Clouse Trucking,Inc. (47.93%) $ 1,142,486
Clouse Farms FLP(49%Limited PS interest) 4 2__,_41,890
$ 5,384,376
CMCL,LLC(1%General Partner of Clouse Farms)
Calene's house
Life Insurance
Clouse Trucking Group Life(Ed) $ 50,000
Clouse Trucking Group Life(Calene) 50,000
Nationwide(Ed) 10,000
Pacific Life (Fd)(net of loan) 2647,123
$2,757,123
Retirement
AIG/Sun America IRA annuity(Ed) $ 1,380,204
Clouse Trucking 401(k)/Rollover IRA(Ed) _ 721.602
$2,101,806
Clouse Trucking 401(k)/Rollover IRA(Calene)
Correction 5/2012
Annuities Value
American Skandia at) $ 118,272
Annuitant=Calene
American.Skandia at) _ 59,589
Annuitant=Ed $ 296,133 $177,861
Joint Assets
2071 and 2079 Ritner Highway $ 885,774
Claremont Road _ 100,000
$ 985,774
Total Assets
(excluding Calene's house,Rollover IRA and assets
in sole name)
Ed only $7,158,626
Calene only 5,384,376
Life Insurance 2,757,123
Retirement 2,101,806
Annuities 296,133 177,861
Joint Assets 985.774
$18,583,833
Corrected Total $18,5651,566
Income Sources-Calene
Social Security
$23,313/yr gross
Retirement Accounts(required minimum distributions/RMD)
2011 2012
Rollover IRA
Clouse Trucking 401(k)
Income Sources-Ed
Social Security
$26,155/yr gross
Retirement Accounts(required minimum distributions/RMD)
2011 2012 (figures provided by C.Telfer)
Rollover IRA $ 55,233
Clouse Trucking 40 1(k) $29,224
----------- —--------—----- —------—-------—---------------------