HomeMy WebLinkAbout04-21-15 RHOADS & SINON LLP C < �a
By Scott Alan Mitchell t o
Attorney ID No. 76124 r'"ry 0 -'u
One S.Market Square, 12"Fl. =`' r> r— r.� —t �
P.O.Box 1146 `N M m
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Harrisburg,PA 17108-1146
(717)231-6602 1 1" y
Fax: (717)260-4402 ,
Email: smitchell@rhoads-sinon.com r- M
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IN RE: IN THE COURT OF COMMON PEAS
CUMBERLAND COUNTY, PENNSYLVANIA
KATHLEEN M. KNISELY
ORPHANS' COURT DIVISION
An Incapacitated Person
No. 21-12-946
MOTION FOR PROTECTIVE ORDER
NOW COMES The Bryn Mawr Trust Company, by and through its counsel, Scott Alan
Mitchell, Rhoads & Sinon LLP, and files the below Motion for Protective Order pursuant to
Pa.R.C.P. No. 4012, and in support thereof avers as follows:
1. On or about February 18, 2015, The Bryn Mawr Trust Company (hereinafter
`BMTC"), plenary guardian of the estate of Kathleen M. Knisely, filed with this Court a Petition
For Approval To Expend Ongoing Principal By Plenary Guardian Of Estate For Monthly
Expenses And Charitable Giving.
2. By Order dated March 12, 2015,this Court scheduled a hearing on the
aforementioned petition for April 22, 2015, at 1:30 p.m.
3. By letter dated March 23, 2015, Delano M. Lantz, Esquire, counsel for Samuel
Scott Knisely, a son of Kathleen M. Knisely, provided counsel for BMTC with a Notice to
Produce Directed to Bryn Mawr Trust Company, a copy of which is attached hereto as "Exhibit
A" and incorporated herein by reference.
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983727.2
4. In the aforementioned Notice, Samuel Scott Knisely requests (1) federal tax
returns of Mrs. Knisely from 1992 through 2013; (2) documentation regarding Mrs. Knisely's
current and ongoing living expenses, "including any and all expenditures going to any of her
children, grandchildren or any entities owned or controlled by her children or grandchildren";
and (3) documentation for Mrs. Knisely's expenditures for periodic trips/vacations and
entertainment expenses.
5. Additionally, by letter dated March 30, 2015, a copy of which is attached hereto
as "Exhibit B" and incorporated herein by reference, Samuel Scott Knisely requests a copy of
Mrs. Knisely's Declaration of Trust, dated December 28, 2012,prepared by Mette Evans &
Woodside pursuant to prior order of this Court dated December 20, 2012.
6. As a result of prior actions of Samuel Scott Knisely, matters involving Mrs.
Knisely's person and estate have been the subject of numerous petitions filed with this Court
resulting in various Orders of Court issued by the Court.
7. In short, in 2012, Samuel Scott Knisely abducted his mother from Pennsylvania
and took her to Las Vegas,Nevada, whereupon he embarked upon a course of action of
financially exploiting his mother while neglecting her health care needs.
8. To the best of the knowledge of Mrs. Knisely and her other children, Samuel
Scott Knisely converted hundreds of thousands of dollars from his mother, including
approximately $500,000 to $600,000 used to purchase an elaborate condominium in Las Vegas,
where Samuel Scott Knisely currently resides, and converting several years of income tax returns
due Mrs. Knisely.
9. As a result of the foregoing, in this Court's Order of December 20, 2012, the
Court specifically limited the access of Samuel Scott Knisely to Mrs. Knisely, even providing
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that the guardians of the person must be in the house during such times as Samuel Scott Knisely
visits Mrs. Knisely,pending the Court's review of a psychiatric evaluation of Samuel Scott
Knisely, which counsel for BMTC believes has not been provided to the Court.
10. Samuel Scott Knisely is not a party to the instant guardianship matter and has no
standing to request the production of documents.
11. Rule 4009.1 of the Pennsylvania Rules of Civil Procedure provides that only a
party to an action may serve discovery requests upon other parties in the action.
12. Additionally, BMTC submits that Samuel Scott Knisely's request for over twenty
(20) years of income tax returns is designed to be an unreasonable annoyance and oppression to
Mrs. Knisley.
13. Additionally, in light of the history of financial exploitation of Mrs. Knisely by
Samuel Scott Knisely, and in light of this Court's imposition of safeguards to prohibit Samuel
Scott Knisely from exploiting Mrs. Knisely, BMTC submits that the documents requested by
Samuel Scott Knisely are part of his pattern of exploitation of Mrs. Knisely and will contain
confidential information to which it would be highly inappropriate for Samuel Scott Knisely to
have access and which he certainly could use for further financial exploitation.
14. BMTC submits that any evidence necessary to support its Petition should be
presentable to and reviewable only by the Court - and not by Samuel Scott Knisely.
15. Rule 4012 of the Pennsylvania Rules of Civil Procedure gives the Court broad
powers to protect a party and witness from the unreasonable annoyance, oppression burden and
expense and to issue a protective order prohibiting that discovery:
Upon motion by a party or by the person from whom discovery or deposition is
sought, and for good cause shown, the court may make any order which justice
requires to protect a party or person from unreasonable annoyance,
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embarrassment, oppression, burden or expense, including one or more of the
following.
(1) that the discovery or deposition shall be prohibited;
(2) that the discovery or deposition shall be only on specified terms and
conditions, including a designation of the time and place;
(3) that the discovery or deposition shall be only by a method of discovery or
deposition other than that selected by the party seeking discovery or deposition;
(4) that certain matters shall not be inquired into;
(5) that the scope of discovery or deposition shall be limited;
(6) that discovery or deposition shall be conducted with no one present except
persons designated by the court;
(7) that a deposition shall be sealed and shall be opened only by order of the
court;
(8) that the parties simultaneously shall file specified documents or information
enclosed in sealed envelopes to be opened as directed by the court;
(9) that a trade secret or other confidential research, development or
commercial information shall not be disclosed or be disclosed only in a
designated way.
16. Additionally, in Stenger v. Lehigh Valley Hosp. Ctr., 554 A.2d 954, 960
(Pa. Super. 1989), our Superior Court confirmed that a court has wide latitude in
fashioning protective orders to minimize discovery abuses, and may enter any order
which justice requires.
WHEREFORE, Petitioner, The Bryn Mawr Trust Company, respectfully requests that
this Honorable Court grant its Motion for Protective Order and enter the Order attached hereto,
directing that The Bryn Mawr Trust Company, Guardian of the Estate of Kathleen M. Knisely, is
not required to respond to the requests of Samuel Scott Knisely and that Samuel Scott Knisely
shall have no access to financial records or other exhibits submitted to the Court in support of the
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Petition For Approval To Expend Ongoing Principal By Plenary Guardian Of Estate For
Monthly Expenses And Charitable Giving
Respectfully submitted,
RHOADS & SINON LLP
Dated: 4/ L.2°�/� By:
Scott Alan Mitchell
Attorneys for Petitioner
One S. Market Square, 12" Fl.
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 231-6602
Sup. Ct. Attorney ID #76124
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Delano M. Lantz & Associates
Attorneys & Counselors at Law
4 North Hanover Street,.Carl isle, PA 17013
(717)422-5874 (717)422-5879(fax)
(717)448-8634(cell)
dlantz(a-Mlantz1aw.corn
Delano M. Lantz
Attorney at Law
March 23, 2015
Scott Alan Mitchell, Esquire
Rhoads & Sinon LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
IN RE: Kathleen M. Knisely, an incapacitated person
C.C.P. Cumberland County No. 21-12-946
Dear Mr. Mitchell:
I hereby enclose and serve upon you a Notice to Produce for the hearing
scheduled on April 22, 2015, at 1:30 p.m. in Courtroom No. 3 in the Cumberland County
Courthouse. If possible, I would appreciate receipt of the documents in advance of the
hearing so that I have an opportunity to review them prior to the hearing and thereby
avoid any delays at the hearing.
Very truly yours,
Delano L M.Msitz &Associates
'0* L
By:
Delano M. Lan
DML:nfc
Enclosure
c whancl.: Mark F. Bayley, Esq.
Anthony L. DeLuca, Esq.
DELANO M. LANTZ&ASSOCIATES
By: Delano M. Lantz, Esquire
Identification No. 21401
4 North.Hanover Street
Carlisle, PA 17013
717-422-5874
717-422-5879 (fax)
GUARDIANSHIP : IN THE COURT OF COMMON PLEAS
ESTATE OF CUMBERLAND COUNTY, PENNSYLVANIA
KATHLEEN M. KNISELY CP - 21 - 2012-946 ORPHANS' COURT:
NOTICE TO PRODUCE DIRECTED TO BRYN MAWR TRUST COMPANY
TO: BRYN MAWR TRUST COMPANY
You are directed to produce the following:
1. The federal tax returns for Kathleen M. Knisely from 1992 through
2013, specifically including Schedule A, together with supporting materials to
show the itemization of all charitable gifts made by Kathleen M. Knisely and/or
Kathleen M. Knisely and her husband for each year;
2. Documentation for Mrs. Knisely's current and ongoing living
expenses from the date Bryn Mawr Trust was appointed guardian, specifically
including any and all expenditures going to any of her children, grandchildren or
any entities owned or controlled by her children or grandchildren;
3. Documentation for Mrs. Knisely's expenditures for periodic
trips/vacations and sporadic expenses for entertainment and the like from the
date Bryn Mawr Trust was appointed guardian to the present;
at Courtroom No. 3 in the Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, Pennsylvania 17013 on April 22, 2015 at 1:30 p.m.
If you fail to produce the documents or things required by this Notice to Produce,
you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania
Rules of Civil Procedure.
Dated: March 23, 2015 DELANrMTZ&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
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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:
Scott Alan Mitchell, Esquire
Rhoads & Sinon LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
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
Delano M. Lantz
Date: March 23, 2015
Delano M. Lantz & Associates
Attorneys & Counselors at Law
4 North Hanover Street, Carlisle, PA 17013
(717)422-5874 (717)422-5879 (fax)
(717)448-8634(cell)
dlantzCa_)dlantzlaw.com
Delano M'. Lantz
Attorney at Law
March 30, 2015
Scott Alan Mitchell, Esquire
Rhoads & Sinon LLP
One'South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
IN RE: Kathleen Mr Knisely, an incapacitated person
C.C.P. Cumberland County No. 21-12-946
Dear Mr. Mitchell:
As you know, I represent Samuel Scott Knisely. The Court Order of
December 20, 2012, authorized the Guardian of the Estate to work with the firm of
Mette Evans &Woodside to establish a gift-giving plan to take advantage of the unified
credit. In the Petition of Bryn Mawr Trust filed with the Court on February 17, 2015, in
Paragraph 9, reference is made to the "Declaration of Trust dated December 28, 2012,
for the benefit of her children, which Trust is administered by Petitioner and has a
current balance of$4,385,000." Please provide us with a copy of Trust agreement. I
will appreciate receipt of that agreement before the April 22 hearing.
Very truly you ,
Delano M. a tz &Associ tes
By:
Delano M. L tz
DML:nfc ,
c: Mark F. Bayley, Esq.
Anthony L. DeLuca, Esq.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this 'Zo-n- day of 2015,
served the foregoing Petition upon the person and in the manner indicated below. Service by
first-class mail, addressed as follows:
Delano M. Lantz, Esquire
4 North Hanover Street
Carlisle, PA 17013
RHOADS & SINON LLP
By:
Scott Alan Mitchell
Attorneys for Petitioner
One S. Market Square, 12" Fl.
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 231-6602
Sup. Ct. Attorney ID #76124
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