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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
MOTION FOR CLARIFICATION
REGARDING ORDER FILED JANUARY 3, 2013
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 20, 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
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
ti. the guardians of her person. The 24 hour access provided in this
U.) 0- paragraph is the minimum amount to which he is entitled.
' C Additional amounts may be had upon the agreement of either
ri E: k C> C-> guardian of her person.
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r r-+ C. Under no circumstances shall Samuel Scott Knisely remove Mrs.
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a= CC Knisely from the Commonwealth of Pennsylvania without the
ckl~ co express written consent of both guardians of her person or the
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LU approval of this Court.
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3. The undersigned, on behalf of Mrs. Knisely, has a motion pending to alter
the above arrangement; a hearing is currently scheduled for March 21, 2013.
4. In the meantime, the parties request clarification with regard to three
issues that are currently causing difficulty:
a. Samuel interprets the above provisions to guarantee him, at his option,
full 24 hour uninterrupted visits which allow him to remain at Mrs.
Knisely's residence overnight; the guardians and undersigned interpret
the above provisions to give the guardians discretion on selecting
reasonable visitation periods based upon days requested by Samuel
that total at least 24 hours over the course of any given week.
b. Samuel interprets the above provisions to guarantee him any time
period that he timely requests regardless of Mrs. Knisely's pre-
scheduled events, her scheduling preferences, and/or the guardians'
scheduling preferences; the guardians and undersigned interpret the
above provisions to require the guardians to make reasonable attempts
to accommodate Samuel's timely visitation requests in consideration
of Mrs. Knisely's pre-scheduled events, her scheduling preferences,
and the schedule of the supervisor (Henry Aldrete).
c. All parties request that portions of visits be permitted to take place at
locations outside of Mrs. Knisely's residence upon approval by the
guardians.
5. Delano M. Lantz, on behalf of Samuel Knisely, will object to the entry of
the attached order; Anthony L. Deluca, on behalf of the appointed guardians, concurs
with the entry of the attached order. It is believed that all parties desire for the Court to
clarify the above issues pending the scheduled hearing.
WHEREFORE, the undersigned requests entry of the attached order or entry of an
alternative order that resolves the above issues pending the currently scheduled hearing.
Respectfully submitted,
BAYLEY & MANGAN
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Mark F. Bayley, Esquire
17 West South Street
Carlisle, PA 17013
(717) 241-2446
Supreme Court I.D.#87663
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: 7 I 1
t ` Mark F. Bayley, Esq ire
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, and via fax addressed as follows:
Anthony L. DeLuca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
(Fax: 258-3902)
Delano M. Lantz, Esquire
4 North Hanover Street
Carlisle, PA 17013
(Fax: 422-5879)
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Mark F. Bayley, Esquire