HomeMy WebLinkAbout01-23-13IN RE: KATHLEEN M. KNISELY : 1N THE COURT OF COMMON PLEAS OF
an incapacitated person :CUMBERLAND COUNTY, PENN~YLVANI~-
~ ~„r
~ '~ ~-'__ ~°a
ORPHANS' COURT DIVISION ~, ~! :: .
`'°' ~,
r ' ---" ..
NO. 21-12-946 R,; :•, c..> ;
e . ~ -',> <
MOTION TO ALTER PROCEDURE REGARDING
VISITS INVOLVING SAMUEL KNISELY ~:
.__ _.
.:.~ a:/,
AND NOW, comes Kathleen M. Knisely by and through her court-appointed '~+
attorney, Mark F. Bayley, and in support of the within motion avers as follows:
1. The Honorable Edward E. Guido is assigned to the within matter.
2. By order dictated December 2Q, 2012 (and entered of record on January 3,
2013) the Court directed at paragraph 4 as follows:
A. The guardians of the person shall allow unfettered telephone
andlor 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 maybe
exercised only upon 4$ 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.
3. Henry Aldrete was since retained by the guardians to act as supervisor of
Samuel's visits.
4. To date Samuel has had in excess of six visits.
5. Mr. Aldrete has reported to undersigned counsel that large portions of the
visits have gone poorly due to Samuel's actions behavior.
6. For this reason and others currently ordered visits are overwhelming to
Mrs. Knisely and cause difficulty in her being able to go about her usual routine and
participate in her usual activities.
7. The current notice requirement of only 48 hours is causing scheduling
complication and confusion to all involved; Samuel has been erratic with scheduling
requests and timely following through with scheduled visits.
8. The visits have thus far resulted in stress, agitation and depression to Mrs.
Knisely; she has been crying, has referenced suicide, and on one occasion wandered
down the roadway due to agitation after a visit.
9. Undersigned counsel avers that the following alterations may offer better
chances of successful contact between Mrs. Knisely and Samuel:
a. Reduce visits to a minimum of 8hour bi-weekly periods.
b. Increase required notice to one week; require that scheduling be made
in consideration of Mrs. Knisely's pre-scheduled events, regular
activities and preferences.
c. Require Samuel's adherence to timeliness regarding said periods.
d. Limit Samuel's access to defined parts of Mrs. Knisley's residence so
that she may reasonably maintain her privacy.
WHEREFORE, entry of the attached orders is requested.
Respectfully fitted,
/ ~rl ~
Mark F. Bayley, Es ire
17 West South Street
Carlisle, PA 17013
(717) 241-2446
VERIFICATION
Mark F. Bayley, states that he is the attorney in relation to the within matter; that he
makes this affidavit as attorney because he has sufficient knowledge or information and belief,
based upon his investigation of the matters averred or denied in the foregoing document; and that
this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn
falsification to authorities.
Date: f ~ ~/
Mark F. Bayley, Esquire
IN RE: KATHLEEN M. KNISELY : IN THE COURT OF COMMON PLEAS OF
an incapacitated person :CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-12-946
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the
forgoing document upon the following by depositing same in the United States mail,
postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Anthony L. DeLuca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
Delano M. Lantz, Esquire
4 North Hanover Street
Carlisle, PA 17013
~~ ~
Mark F. Bayley, Esquire