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Home My WebLink About12-17-12 (3) DELANO M. LANTZ & ASSOCIATES By: Delano M. Lantz, Esquire Identification No. 21401 4 North Hanover Street Carlisle, PA 17013 717-422-5874 717-422-5879 (fax) IN RE: KATHLEEN M. KNISELY, an incapacitated person C"~ r._~ r_-~ ~ ;~ ~ ~ - - ca rn ~,:,, ca - ~ , d.,: ~ a ~x;~~ ,~ . .. ` _~ -W ;. .. ~ .. $~ .. _.. y~ ... ,. ,~ . ~-- :r..~ k. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-12-946 REQUEST FOR CONTINUANCE OF HEARING SCHEDULED FOR DECEMBER 20, 2012, AT 1:00 P.M. ON PETITION SEEKING CLARIFICATION OF SCOPE OF GUARDIANSHIP POWERS AND REQUESTING THE COURT TO SUBSTITUTE ITS JUDGMENT FOR THAT OF THE INCAPACITATED PERSON PURSUANT TO 20 PA. C. S. 5536(b) AND NOW COMES Samuel Scott Knisely, by and through his counsel, Delano M. Lantz, Esquire, and requests a continuance of the hearing scheduled for December 20, 2012, for the reasons set forth below. 1. On late Friday afternoon, December 14, 2012, Samuel Scott Knisely retained Delano M. Lantz, Esquire, as his counsel in this matter. Thomas E. Flower, Esquire entered his appearance on Mr. Knisely's behalf for the November 15, 2012, hearing. However, Mr. Flower has not been retained to represent him regarding the above-referenced Petition filed on December 7, 2012. Mr. Lantz entered his appearance for Mr. Knisely and Mr. Flower withdrew his appearance this morning. See attached copies. 2. Mr. Knisely requests a continuance of the hearing on the Petition so that his counsel can complete his review the record in this matter and conduct appropriate discovery on material issues and prepare for a hearing on those issues after the discovery is completed. The material issues involve: A. The capacity of Mrs. Knisely from the middle of 2011 through the filing of the Petition now before the court; B. Whether Mrs. Knisely lacked capacity to validly sign documents during this time period; C. Whether there has been an abuse of confidential relationships and/or the exercise of undue influence over Mrs. Knisely with respect to: the Will signed on February 3, 2012; the revised Will signed on April 18, 2012; the QPRT signed on June 5, 2012; and the time during which certain gifting was allegedly discussed as averred in paragraphs 39-65 of the Petition. D. Whether conflicts of interest exist as to the Guardians under these circumstances and what is truly in the best interests of Kathleen M. Knisely 3. The mere fact that certain changes in the tax laws may or may not occur as discussed in paragraphs 44 through 53 of the Petition are not sufficient reason for the Court to act on the requests until discovery is complete and a full record can be developed for presentation to the Court. Mr. Knisely requests the opportunity to develop that record before a hearing is held on these issues. 4. Mr. Lantz sought the concurrence of Anthony L. DeLuca, Esquire, and Mark Bayley, Esquire, in this request. Mr. DeLuca stated that he does not concur in this request for continuance because he considers certain issues to be time sensitive. Mr. Bayley stated a similar position. WHEREFORE, for the reasons above, Samuel Scott Knisely seeks a continuance of the hearing in this matter until discovery is completed on all material issues. Respectfully submitted, DELANO QA^I..ANTZ & ASSOCIATES By: Delano M. Lant I.D. No. 21401 4 North Hanover Street Carlisle, PA 17013 717-422-5874 717-422-5879 (fax) Attorney for Respondent Samuel Scott Knisely Dated: December 17, 2012 DELANO M. LANTZ & ASSOCIATES By: Delano M. Lantz, Esquire Identification No. 21401 4 North Hanover Street Carlisle, PA 17013 717-422-5874 717-422-5879 (fax) IN RE: KATHLEEN M. KNISELY, IN THE COURT OF COMMON PLEAS an incapacitated person :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-12-946 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Delano M. Lantz, Esquire, and Delano M. Lantz & Associates as counsel for Samuel Scott Knisely. ~- c=~ DELANO NTZ & ASSOCIATES ca ~ r, -- ., ~~~~ r~=; ~ ; ,_ !., .~ t: t..'.. t;~ . ~~ _ . > .. fir ~ ~ -, ,m d~~ -_ ~. ~ . ~~ ~ ~~ ~' no M. Lantz ~c~ -~- ~~: ~» ~ ~; ~ w I . D. No. 21401 ,~ c o ~ 4 North Hanover Street ~ ~ ~ ~ Carlisle, PA 17013 ~~~ ~ 717-422-5874 717-422-5879 (fax) Attorney for Respondent Samuel Scott Knisely Dated: December 17, 2012 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing document was served by first class mail, postage prepaid, upon the fallowing: Anthony L. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 Thomas Flower, Esquire 10 West High Street Carlisle, PA 17013 Kathleen L. Kniseiy 9008 Avis Court Vienna, VA 22182 Lee Ann Knisely Cast 485 Front Street Louisville, CO 80027 Date: December 17, 2012 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division In re: Kathleen M. Knisely, Alleged incapacitated person O.C. No. 21-12-0946 Praecipe to Withdraw Appearance To the Orphans' Court Clerk: Kindly withdraw my appearance in this matter as counsel for Samuel S. Knisely. Respectfully submitted, FLOWER LAW, LLC Dated: ~~ ~ ~ Z._. Y` _ i ~._- .. ~.: .. i..._.. ,.... ~~" f ~ ~_' iY' ~ ' ~ U ~ W ~'' _ C9 ~, - m :E U ~ o W LL ~ =~ ~ . ~r, V ~, _-~ ~~ Thomas E. Flower 5. Ct. #83993 FLOWER LAW, LLC 10 W. High St. Carlisle, PA 17013 Phone (717} 243-5513 Fax (717) 241-4021 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Anthony L. DeLuca, Esquire (via facsimile) 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 Mark F. Bayley, Esquire (via facsimile) 17 West South Street Carlisle, PA 17013 Kathleen L. Knisely (via U.S. mail) 9008 Avis Court Vienna, VA 22182 Lee Ann Knisely Cast (via U.S. mail) 485 Front Street Louisville, CO 80~ Date: December 17, 2012