HomeMy WebLinkAbout05-06-15 IN RE: CALENE M. CLOUSE, IN THE COURT OF COMMON PLEAS
An alleged incapacitated person OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
On the Petition of No. 21-2015-0093
J. Edward Clouse
ANSWER TO MOTION
AND NOW,comes Calene M. Clouse,hereinafter"Calene",by and through her attorneys,
Saidis, Sullivan& Rogers, who,upon valid information and belief,hereby reply to the Motion for
Status Conference as follows:
1. Admitted in part and denied in part. It is admitted that the Petition was filed,but the
alleged facts and conclusions stated therein are denied.
2. Admitted.
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3. Admitted.
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4. Admitted.
5. Admitted.
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6. Denied. On the contrary, the parties' interaction has continued od thsame psis
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since their separation, approximately twelve years ago. In addition, since the summer of 2044,the
relationship has become more stable. During the course of the parties' separation, Calene washes
Edward's clothes,prepares meals, delivers food to his home,buys all his clothes and continues to
see Edward several times each week. Edward calls Calene every day and even takes her out to
lunch and to other social activities.
7. Denied. On the contrary,the allegations of threats to Edward are unsubstantiated.
Calene's expressions concerning her life, if any, are by reason of the provocation and bullying of
Edward, on almost a daily basis.
8. Exhibit"B" of Edward's Motion speaks for itself and, in part, states: "She is
capable of making decisions affecting her everyday life including financial matters." The answer to
paragraph 7 is herein incorporated by reference.
9. Denied. Calene specifically denies that she has taken any action to jeopardize any
business interest and the parties have continued their relationship as more fully set forth in
paragraph 6,which is incorporated by reference. In further response, any increased stress exhibited
by Calene is as a result of Edward's Petition seeking to adjudicate Calene, an incapacitated person.
10. Denied. The answer to paragraph 9 is incorporated herein by reference. Exhibit"C"
to Edward's Motion specifically states to the contrary of the allegation by providing: "Obviously,
the Trustee and CPA are not going to permit any transfers that will cause adverse tax consequences
or transfers,which would be contrary to the documents." As indicated above,the business
formation documents were unavailable to both counsel at the time the Motion was filed.
11. Denied. On the contrary, Calene has been under the treatment of Dr. Moola,M.D.
for in excess of twelve years.
It is further averred that, on three separate occasions, Edward has had psychiatric or
other evaluations conducted on Calene, including one in New York and one at Calene's home.
None of which have been shared with Calene or her counsel. In addition, Exhibit"D"to the
original Petition to Adjudicate prepared by a Ph.D. and, in fact,except for concluding some
memory deficiencies, stated, "She demonstrated adequate abilities in judging time and orientation,
and good abilities managing monetary calculations and costs."
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12. No answer is required.
13. No answer is required.
WHEREFORE, Calene M. Clouse respectfully requests that your Honorable Court enter an
Order staying the Preliminary Guardianship Hearing.
Respectfully submitted,
SAIDIS SULLIVAN & ROGERS
Dated: May , 2015
Obert C. Sai is
Attorney ID. #21458
26 West High Street
Carlisle, PA 17013
Phone: (717) 243-6222
Email: rsaidisgssr-attorneys.com
Attorney for Calene M. Clouse
VERIFICATION
I, Calene M. Clouse, the undersigned, hereby state that the facts set forth in the foregoing
document are true and correct to the best of my personal knowledge or information and belief; I
am aware that false'statements herein are made subject to the penalties of 18 Pa. C.S. §4904,
relating to unsworn falsification to authorities.
Calene M. Clouse
IN RE: CALENE M. CLOUSE, IN THE COURT OF COMMON PLEAS
An alleged incapacitated person OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
On the Petition of No. 21-2015-0093
J. Edward Clouse
CERTIFICATE OF SERVICE
I hereby certify that on this V day of May, 2015, a true and correct copy of the
foregoing document was served upon the party listed below, via First Class Mail, postage
prepaid, addressed as follows:
Neil W. Yahn, Esq.
134 Sipe Avenue
Hummelstown, PA 17036
SAIDIS, SULLIVAN & ROGERS
PhyllisjTMcCoy