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DELANO M. LANTZ & ASSOCIATES C> rte, C>
By: Delano M. Lantz, Esquire m cn
Identification No. 21401 ;:0 n r- r °a ►
4 North Hanover Street F--►
Carlisle, PA 17013 ' ' ~a r
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717-422-5874 C' s ► r~
717-422-5879 (fax) r~3 ri
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IN RE: KATHLEEN M. KNISELY, IN THE COURT OF COMMON PLEAS
an incapacitated person CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-12-946
ANSWER OF SAMUEL SCOTT KNISELY
TO MOTION FOR CLARIFICATION REGARDING ORDER FILED JANUARY 3, 2013
AND NOW COMES Samuel Scott Knisely (hereinafter "Scott"), by and through
his attorney, Delano M. Lantz, Esquire, and submits the following Answer to Kathleen
M. Knisely's Motion for Clarification Regarding Order filed January 3, 2013.
1-3. Admitted.
4. Admitted that the parties request clarification of Paragraph 4 of the order.
Scott has a home in North Carolina and generally travels from that home to his mother's
home to exercise his personal access to his mother. The practical way for him to
exercise his minimum 24 hour access per seven day period is during a continuous 24
hour period. Scott wants to and has taken into account his mother's schedule and her
wishes as expressed to him and the schedule of Mr. Hank Aldrete, the person chosen
by the guardians to supervise the access. Since the guardians are not personally
involved in monitoring the access, their schedules are seemingly irrelevant.
So far, Scott has exercised his access on December 27, January 4, and January
28 for 24 hour periods. He traveled from North Carolina on January 11 under the belief
that he would have access to his mother on that date. However, he was not allowed to
see her due to not providing 48 hours written notice. (Counsel for Scott was at least
partially responsible for the failure because he had not communicated the written notice
requirement to Scott before that date.)
During the access on January 28-29, Scott and his mother reviewed schedules
and chose February 1 as the date for his 24 hour access during the next seven day
period. He is currently exercising that access that is being monitored by Mr. Hank
Aldrete who previously said he was available.
During his access to his mother, Scott wants her to be able to go with her to
various places in the local area such as Boscov's and Barnes and Noble and other
shops, restaurants and the like. He and his mother went to such places during his last
access on January 28. Mr. Aldrete monitored those trips. There would seem to be no
reason why Mrs. Knisely should not be able to go to such places with Scott so long as
Mr. Aldrete monitors the trip, and no reason why each such trip would need to be
approved by a guardian. Mrs. Knisely should be allowed to exercise her free will to at
least that extent. The trips are good for her.
The above provisions seemly are consistent with paragraph 4 of the January 3,
2013 order. Scott requests the court to enter an order that approves these provisions.
5. Mr. Lantz objects to the portions of the proposed order inconsistent with
this answer and requests an order setting forth the clarifications requested above.
WHEREFORE, Samuel Scott Knisely requests the Court to clarify its order to:
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allow for 24 hours of continuous access during each seven day period; permit Mrs.
Knisely to leave her home to go with Scott to various local destinations such as
Boscov's, Barnes and Noble, other shops, restaurants and the like that Mrs. Knisely and
Scott want to go to during those periods so long as Hank Aldrete monitors the trips; and
provide that the day for each 24 hour period shall be exercised on at least 48 hours
written or e-mail notice to one of the guardians taking into account Mrs. Knisely's and
Mr. Hank Aldrete's schedules (but not the guardians' schedules) to the extent possible
consistent with the requirement of one such visit during each seven day period.
Respectfully submitted,
DELANO NTZ & ASSOCIATES
By:
ano M. Lantz
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: February 1, 2013
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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 (also via facsimile)
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
Mark F. Bayley, Esquire (also via facsimile)
17 West South Street
Carlisle, PA 17013
Y-a4'111 -
Delano M. Lantz
Date: February 1, 2013