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HomeMy WebLinkAbout02-19-13 t ^ C Q w M co Co_ DELANO M. LANTZ & ASSOCIATES m c-> CM By: Delano M. Lantz, Esquire r- ?m M r-• ` Identification No. 21401 cp 4 North Hanover Street -?t py`k Carlisle, PA 17013 c,' 3 717-422-5874 - - c 717-422-5879 (fax) r~- r v u, ca -Y7 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 SAMUAL SCOTT KNISELY TO MOTION TO ALTER PROCEDURE REGARDING VISITS INVOLVING SAMUEL KNISELY AND NOW COMES Samuel Scott Knisely (hereinafter "Scott"), by and through his attorney, Delano M. Lantz, Esquire, and submits this Answer to the Motion filed by Mark F. Bayley, Esquire, to alter procedure regarding visits involving Samuel Knisely. 1. Admitted. 2. Admitted that paragraph 4 of the January 3, 2013, Order provides as set forth in this paragraph. 3. Admitted that Mr. Henry Aldrete has been present during Scott's periods of access to his mother. 4. Denied. Between December 20, 2012, and the date the Motion was filed on January 22, 2013, Scott had been able to exercise his access to his mother on December 27-28 and January 4-5 for two 24-hour overnight periods. He traveled from North Carolina to Camp Hill on January 11 under the belief that he would have access to his mother on that date for another 24-hour period. However, the co-guardian, James Knisely, refused to allow him to exercise access on the basis that he had not given 48 hours written notice pursuant to a provision that was included in the January 3, 2013 Order (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). From the date the Motion to Alter was filed on January 22 to the date of this Answer, Scott had access to his mother on January 28-29 and February 1-2 for 24-hour overnight periods. He also had access to his mother on February 11 from 1 p.m. to 6 p.m. and was not allowed to have any other access. 5. Denied. Scott is without knowledge or information sufficient to form a belief as to what discussions occurred between Mr. Aldrete and Mark Bayley, Esquire, and the averments are there denied and proof thereof demanded. Scott denies that the visits with his mother have "gone poorly due to Samuel's action/behavior". On the contrary, Scott's periods of access with his mother have gone reasonably well. Mrs. Knisely benefits from and enjoys the opportunity to spend time with Scott. 6. Denied. When Scott has been allowed by the co-guardians to exercise his periods of access to his mother without inference from them, the periods of access have gone well for Mrs. Knisely. Scott and Mrs. Knisely together discuss when Scott should exercise his periods of access taking into account her schedule, activities and desires as well as Mr. Aldrete's schedule. However, the co-guardians have not cooperated to the extent they should in the scheduling process, in permitting Mrs. Knisely to participate in activities with Scott and in allowing Mrs. Knisely to exercise her free will and her expressed wishes so that the guardianship is the least restrictive that it can be under the circumstances. 2 7. Denied. As set forth above, Scott discusses the scheduling with his mother and Mr. Aldrete to plan the periods of access taking into account the availability and schedules of these three people. The co-guardian, James Knisely, has used various reasons to unreasonably interfere with these plans. Scott, Mrs. Knisely and Mr. Aldrete agreed to the schedule for January 11-12. However, the co-guardian, James Knisely, refused to allow the access. Likewise, Scott, Mrs. Knisely and Mr. Aldrete scheduled a period of access and Scott provided written notice for access on February 6-7. The co-guardian, James Knisely, again did not allow the visit. As events developed, it appears the co-guardians' concerns involved an upcoming 80th birthday party for Mrs. Knisely that was not disclosed by the co-guardians to Scott. Denied that Scott has not been timely in following through with scheduled visits. 8. Denied. As set forth above, Scott's periods of access have been beneficial for Mrs. Knisely and she enjoys engaging in various activities with him. As to the averments that Mrs. Knisely "referenced suicide and on one occasion wandered down the roadway", after reasonable investigation Scott is without knowledge or information sufficient to form a belief as to the truth of those averments and the averments are therefore denied and proof thereof demanded. In any event, any alleged reference to suicide or wandering could not be properly characterized as "due to agitation after a visit" by Scott. 9. Denied. No such restriction should be placed on Scott's access to his mother. Indeed, his periods of access should be increased and restrictions removed. Mrs. Knisely should be granted greater opportunities by the Court to exercise her free will and to make her own decisions on matters such as whether and when she wants to 3 spend time with Scott or her other children and what activities she wants to engage in from time to time. The guardianship of her person should be the least restrictive possible taking into account all relevant factors. WHEREFORE, the Court should expand Scott's access to his mother and grant Mrs. Knisely much greater control over her personal life in matters that do not involve significant financial decisions, including when she wants to spend time with Scott Knisely, whether she wants to go on a trip with him and similar matters. The Court is also requested to remove the requirement for supervision during Scott's periods of access. Respectfully submitted, DELANO M. TZ & ASSOCIATES By: De 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 14, 2013 4 VERIFICATION I verify that the statements made in the foregoing Answer to Motion to Alter are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. -All L4 ai~~ Pa e Sa uel Scott Knisely Dated: 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 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 'J~ -k7 elano M. Lantz Date: February 19, 2013