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HomeMy WebLinkAbout04-22-15 (2) a \5 Can . M a M DELANO M. LANTZ&ASSOCIATES 0 o'. By: Delano M. Lantz, Esquire Identification No. 21401 r 4 North Hanover Street Carlisle, PA 17013 717-422-5874 717-422-5879 (fax) rT' rTj IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN M. KNISELY No. 21-12-946 An Incapacitated Person ORPHANS' COURT DIVISION: ANSWER TO BRYN MAWR TRUST COMPANY'S MOTION FOR PROTECTIVE ORDER AND NOW comes Samuel Scott Knisely, by and through his attorneys, Delano M. Lantz & Associates, and files this Answer to Bryn Mawr Trust Company's Motion for Protective Order. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. With respect to the tax returns, the letter specifically refers to the "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." 5. Admitted. -t 6. Admitted in part and denied in part. Admitted that various petitions have been filed with the Court for various reasons and it is denied that the various petitions can be classified as being filed "as the result of prior actions of Samuel Scott Knisely...". 7. Denied. The "Answer Of Samuel Scott Knisely To The Rule To Show Cause And Petition Seeking Clarification Of Guardianship Powers And Requesting The Court To Substitute Its Judgment For That Of The Incapacitated Person Pursuant To 20 Pa. C.S. § 5536(b)" filed on December 19, 2012, incorporated herein by reference. As stated in the introduction of that Answer: As set forth below this matter presents serious issues of capacity, abuse of confidential relationships, undue influence, conflicts of interests, what is truly in Kathleen M. Knisely's best interest and what she would do regarding gifting if not incapacitated and not subject to undue influence and abuse of confidential relationships. As stated in Paragraph 10 of that Answer: "Scott did not 'remove' his mother from her home. His mother willingly accompanied him at all times during this period as she stated in her August 31, 2012, testimony. Transcript page 6-7." Further, as stated in Paragraph 11; "Mrs. Knisely willingly returned to the residence in Nevada where she had spent substantial time over the last several years. She has enjoyed her time in Nevada with Scott and should be allowed to do so in the future." Mrs. Knisely did not want to return to Pennsylvania and was forced to do so by the personal guardians. Denied that Scott embarked on a course of action to financially exploit his mother while neglecting her healthcare needs. 8. Admitted in part and denied in part. Admitted that a condominium was purchased in Las Vegas and that Mrs. Knisely willingly contributed funds for that 2 purchase. She resided much of time at the condominium and had a Nevada driver's license and filed taxes in Nevada. Denied that he "converted" other funds. 9. Admitted in part and denied in part. Admitted that the Court imposed provided limitations on Scott's access to his mother. After the psychiatric evaluation of Samuel Scott Knisely was completed and the psychiatrist, Mark Fabi, M.D., testified that Mr. Knisely did not suffer from any mental infirmity, the Court removed various restrictions. In the Order dated March 14, 2012, Mrs. Knisely may have "unfettered access to Scott by telephone or e-mails so long as she initiates the contact. Also, she may visit Scott so long as that visit is arranged by a neutral third party. 10. Denied. As set forth above, Scott has filed an Answer with New Matter raising issues of capacity, abuse of confidential relationships, undue influence, and conflicts of interests, all of which are involved in the proceedings before the Court. The Court has entered Orders that involve Samuel Scott Knisely directly. Clearly, he is a "party" to these proceedings. The Petition filed by Bryn Mawr Trust that is before the Court makes references to the "children" but fails to indicate that Scott Knisely has been excluded from all discussions and has not been contacted by Bryn Mawr Trust as to his views on any of the issues raised in the Petition. 11. The answer to Paragraph 10 is incorporated herein by reference. Samuel Scott Knisely is a party to this action for purposes of Rule 4009.1. 12. Denied. Paragraph 17 of the Petition filed by Bryn Mawr Trust states "Petitioner has been provided by Mrs. Knisely's CPA with an itemization of charitable gifts from 1996 through 2013 ranging from nominal amounts to as high as approximately $12,000 per year to various charitable organizations." The request for 3 Schedule A to the tax returns and supporting documents relative to the charitable giving at least from 1996 through 2013 is appropriate in view of Paragraph 17 of Bryn Mawr's Petition. 13. Denied that Scott has participated in any financial exploitation of Mrs. Knisely. Any concerns about future financial exploitation are misplaced since the financial estate is in the hands of Bryn Mawr Trust Company and the Court. In any event, only the information relating to charitable giving (Schedule A) is pertinent to the issue before the Court and all other portions may be redacted. The other requested documents should be produced. 14. Denied. As an interested party, Samuel Scott Knisely through his counsel should be permitted to participate in these proceedings and review the information. 15. Admitted. 16. This paragraph states a legal conclusion. The Stenger case involved newspaper access to pre-trial discovery materials and is not on point as to the issues before the Court. Clearly, the Court has wide latitude to fashion appropriate discovery orders. However, no reason exists to restrict Samuel Scott Knisely's access to the requested materials in view of the present Petition filed by Bryn Mawr Trust. WHEREFORE, Samuel Scott Knisely requests the Court to require Bryn Mawr Trust Company to produce the portions of the federal tax returns relevant to charitable gifts made for the period from 1996 through 2013, the opportunity to review the 4 .J documentation relating to Mrs. Knisely's current and ongoing living expenses, and the documents relating to periodic trips and vacations and entertainment expenses for Mrs. Knisely. Respectfully submitted, DELANO M. NTZ &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: April 22, 2015 5 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing document was e-mailed to counsel and intended to be hand-delivered prior to the scheduled hearing as follows: 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 JZX,.", Delano M. Lantz Date: April 22, 2015