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DELANO M. LANTZ&ASSOCIATES
201 1 NOV
By: Delano M. Lantz, Esquire
Identification No. 21401
r,U M B E IR L XP0�D 'U 14 T",' c:D
4 North Hanover Street
P E P,l N S Y LVA M A
Carlisle, PA 17013
717-422-5874
717-422-5879 (fax) i:z:
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GUARDIANSHIP IN THE COURT OF COMMON PLEAS
ESTATE OF CUMBERLAND COUNTY, PENNSYLVANIA
KATHLEEN M. KNISELY CP - 21 2012-946 ORPHANS' COURT:
RESPONSE OF SAMUEL SCOTT KNISELY TO
REQUEST FROM BRYN MAWR TRUST COMPANY
AND NOW COMES Samuel Scott Knisely by and through his attorney, Delano
M. Lantz, Esquire, and, pursuant to the Order dated November 5, 2014, submits the
following Response to Request from Bryn Mawr Trust Company.
1. Samuel Scott Knisely objects to Bryn Mawr Trust Company's request for
the following reasons below.
2. As noted by Bryn Mawr Trust Company in its October 24, 2014, letter, the
Guardianship estate does not have record title to the home. Rather, record title to the
home is held by the Kathleen M. Knisely Qualified Personal Residence Trust (APRT)
dated June 5, 2012. Samuel Scott Knisely has raised issues elsewhere in the record
challenging the validity of the APRT. See ANSWER OF SAMUEL SCOTT KNISELY
TO THE RULE TO SHOW CAUSE AND PETITION SEEKING CLARIFICATION OF
SCOPE OF GUARDIANSHIP POWERS AND REQUESTING THE COURT TO
SUBSTITUTE ITS JUDGMENT FOR THATOF THE INCAPACITATED PERSON
PURSUANT TO 20 PA. C.S. §5536(b) filed on December 19, 2012, paragraphs 30-
38 at pages 10-12. Since the property is not owned by the estate, the estate should not
pay for this type of capital improvement.
2. Further, the request should be denied or deferred pending receipt of
additional estimates. Samuel Scott Knisely is very familiar with the tennis court since he
was involved when it was first constructed and worked with local contractors in the
1970's and 80's regarding improvements and repairs to the tennis court and the
surrounding fence. He believes the $20,000 cost is excessive and additional estimates
should be retained. He requests an opportunity to provide such estimates from
contractors that previously worked on the tennis court improvements. Since winter is
approaching, this matter is not urgent and ample time is available to obtain additional
estimates.
3. If the Court deems it appropriate to permit the Bryn Mawr Trust Company
to pay for the renovation cost based on the $20,000 estimate, Samuel Scott Knisely
requests the Court to include the same provision as is set forth in Paragraph 3 of this
Honorable Court's March 15, 2013, Order.
WHEREFORE, Samuel Scott Knisely requests the court to deny the request of
Bryn Mawr Trust Company. In the alternative, he requests the court to require
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additional cost estimates and allow him time to obtain such estimates. If the Court
grants the request, he requests the court to include in the order the same provision that
is in paragraph 3 of the March 15, 2013 order.
Respectfully submitted,
DELANO M. LANTZ &ASSOCIATES
By:
Delano 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: November 20, 2014
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RECEIVED 11/19/2014 04:26PM 7174225879 DELANO LANTZ
702797615401:36:20 p.m. 11-19-2014
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VERIFICATI!QN
I verify that the statements made in the foregoing Response of Samuel Scott
Knisely to Request from Bryn Mawr Trust Company 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.
S6mue( tt Msely
Dated: November/I 2014
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
Susan O'Donnell, Senior Vice President
The Bryn Mawr Trust Company
10 South Bryn Mawr Avenue
Bryn Mawr, PA 19010
n Delano M. Lantz
Date: November , 2014