HomeMy WebLinkAbout10-31-12IN THE MATTER OF THE PERSON : IN THE COURT OF COMMON PLEAS
AND ESTATE OF: :CUMBERLAND COUNTY, PENNSYLVANIAc ~~-=' --,
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:ORPHANS' COURT DIVISION ~ ~J
KATHLEEN M. KNISELY, ~,~ ~ : '. _' --~
An alleged incapacitated person : N0. 21-12-946 ~~= ~ _ ~~-~ ~ ' ~'
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MOTION TO REMOVE KATHLEEN M. KNISELY ,_., ::<,~
FROM THE STATE OF NEVADA ~ ~~ ``
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AND NOW, comes the moving party, James G. Knisely, pursuant to 20 Pa.
C.S.A. §5905 (a) (6), and files this Motion based upon the following:
1.
On October 26, 2012 a Hearing was held in this matter and, upon the
conclusion of the Hearing, an Order of Court was entered wherein James G. Knisely
and Barbara Lynn Knisely were appointed Co-Guardians of the person of Kathleen
M. Knisely.
2.
Subsequent to the Hearing of October 26, 2012, James G. Knisely, Barbara
Lynn Knisely, Lee Ann Knisely, and Kathleen L. Knisely flew to Las Vegas, Nevada
and determined that their mother, Kathleen M. Knisely, was located at 135 Harmon
Avenue, #3705, Las Vegas, Nevada 89109.
3.
The children contacted the police and requested a wellness check.
4.
The police went to the unit at 135 Harmon Avenue and determined that
Kathleen M. Knisely was there but she refused to leave the unit or talk to any of her
children.
5.
The police refused to assist the children any further despite being presented
with the Order of Court issued in Cumberland County, Pennsylvania on October 26,
2012 and the children were denied entry to the unit where their mother was
located.
6.
An attorney was contacted on .Monday, October 29, 2012 in Las Vegas,
Nevada by Barbara Lynn Knisely and was informed that it would be necessary to
have the Courtin Cumberland County, Pennsylvania issue an Order to pickup and
remove Kathleen M. Knisely from the state of Nevada and return her to the
Commonwealth of Pennsylvania.
7.
The moving party requests that an Order be issued which would authorize
the Co-Guardians of the Person of Kathleen M. Knisely, individually or jointly, to
seek the removal of Kathleen M. Knisely, even against her will, from the State of
Nevada and return her to the Commonwealth of Pennsylvania.
WHEREFORE, the moving party respectfully requests:
1. That James G. Knisely and/or Barbara Lynn Knisely, as Co-Guardians
of the person of Kathleen M. Knisely (the" Ward"), be authorized to remove the
Ward from the State of Nevada and return her to the Commonwealth of
Pennsylvania.
2. That James G. Knisely and/or Barbara Lynn Knisely be authorized to
remove the Ward, even against her will, from the custody, care and control of
Samuel Scott Knisely, including from his residence located at 135 Harmon Avenue,
#3705, Las Vegas, Nevada 89109, or any other premises.
3. That the Constable in Las Vegas, Nevada is hereby directed to remove
the Ward, even against her will, from the custody, care and control of Samuel Scott
Knisely, including from his residence located at 135 Harmon Avenue, #3705, Las
Vegas, Nevada 89109, or any other premises, and deliver her to the custody, care
and control of James G. Knisely or Barbara Lynn Knisely.
Respectfully Submitted,
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Anthony L. DeL ,Esquire
113 Front Street
P.O. Box 358
Boiling Springs, Pennsylvania 17007
(717) 258-6844
#18067