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IN RE: KATHLEEN M. KNISELY: IN THE COURT OF COMMON PLEAS OF
an incapacitated person: CUMBERLAND COUNTY, ~NNSYLVANIA
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ORPHANS' COURT DIVI~DbN ~-- ;~~, t'~
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. NO. 21-12-946 ,~ .?' P. ( C.J "
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ORDER OF COURT <> w,;~ c, y
AND NOW, this 20th day of December, 20'12-;:.,' after
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hearing it is hereby ordered and directed as follows: ''~' ~`'
1. The guardian of the estate is authorized to
work with the firm of Mette, Evans & Woodside to take
necessary steps to effectuate an estate and gift-giving plan
that makes maximum advantage of the remaining unified credit
available to Mrs. Knisely. Provided however, that no gift
will be made to or for the benefit of any specific
beneficiary. The gift shall be segregated in an acceptable
vehicle for the benefit of all or some of Mrs. Knisely's
children. This Court will determine at a later date which
children shall participate in said gift. The guardian is
authorized to execute any documents necessary or desirable
to implement the plan on behalf of Mrs. Knisely.
2. The guardian of the estate is authorized to
invade principal for the following:
A. To reimburse the income account for its
current deficit {approximately $48,000.00}.
B. To fund the estate plan referred to
above.
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C. To pay for the services of Mette, Evans &
Woodside in preparing said estate and gift-giving plan.
D. To pay for the installation of a security
system at Mrs. Knisely's home in an amount not to exceed
Sio,ooo.oo.
3. The guardian of the estate is authorized in
its discretion to allow Mrs. Knisely to maintain control of
her M & T Bank checking account and to continue to receive
the current monthly additions thereto from her deceased
husband's trust as well as her monthly social security
benefits and to dispose of those amounts as she sees fit.
4. With regard to access to Mrs. Knisely, it is
hereby ordered and directed as follows:
A. The guardians of the person shall allow
unfettered telephone and/or Internet access to Mrs. Knisely
by all of her children, including Samuel Scott Knisely.
B. Samuel Scott Knisely shall be entitled to
unfettered personal access to his mother for up to 24 hours
in any given seven day period. The personal access shall be
exercised at her home and one of the guardians of the person
or their appointed agent shall be in the home but not in the
same room. We will consider expanding this access once we
have had the opportunity to review the psychiatric
evaluation that had been done for Mr. Samuel Scott Knisely.
Provided further that the personal access may be exercised
only upon 48 hours written or electronic notice to one of
the guardians of her person. The 24 hour access provided in
this paragraph is the minimum amount to which he is
entitled. Additional amounts may be had upon the agreement
of either guardian of her person.
C. Under no circumstances shall Samuel Scott
Knisely remove Mrs. Knisely from the Commonwealth of
Pennsylvania without the express written consent of both
guardians of her person or the approval of this Court.
By the Court,
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Edward E. Guido, J.
Anthony L. DeLuca, Esquire
For the Petitioners
Delano M. Lantz, Esquire
For Samuel Scott Knisely
Mark F. Bayley, Esquire
For Kathleen M. Knisely
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In Re: KATHLEEN M. KNISELY
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CLJMBF.RLAND COUNTY
PF,NNSYLVANIA
NO. 21-12-0946
ORDER DATE:
JUDGE'S IhT'I'lALS: EEG
TIME S'LAMP DATE:
CERTIFICATE. OF SERVICE OF ORDER
[N RE: ORDF,R OF COURT
SERVICE TO: ANTHONY DELUCA 113 FRONT STREET' PO BOX 358, BOILING SPRINGS PA 17007
DF,T.ANO LANTZ 4 N HANOVER STREET. CARLISLE. PA 17013
MARK BAYLEY. 17 W SOUTH STREET. CARLISLE PA 17013
METHOD OF MAILING:
®L SPS
^ RRR
^ HAND DELIVERED
^ OTHER
!MAILED: Ol/03/12
ENVELOPES PROVIDED BY:
^ PF.TITiONER
® 7TJDGE
^ CLF,RK OF ORPHANS COURT
5ERVICE TO:
METHOD OF MAILING:
^ I,~SPS
^ RRR
^ HANll llLLIVERED
^ O'CIiER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ NDGE
^ CLERK OF ORPHANS COURT
Clerk of Oml4ans' Court