HomeMy WebLinkAbout06-02-15 RHOADS& SINON LLP cz (J-1
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By Scott Alan Mitchell
Attorney ID No. 76124
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One S.Market Square, 126 Fl,
P.O.Box 1146
Harrisburg, PA 17108-1146
(717)231-6602
Fax: (717)260-4402 rn
Email: smitchell@rhoads-sinon.com
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IN RE: IN THE COURT OF COMMON PEAS
CUMBERLAND COUNTY, PENNSYLVANIA
KATHLEEN M. KNISELY
OR_ PHANS' COURT DIVISION
An Incapacitated Person
No. 21-12-946
MOTION TO FILE ANNUAL REPORTS UNDER SEAL
NOW COMES The Bryn Mawr Trust Company, by and through its counsel, Scott Alan
Mitchell, Rhoads & Sinon LLP, and files the below Motion to File Annual Reports Under Seal,
and in support thereof avers as follows:
1. By Order of this Court dated November 15, 2012, The Bryn Mawr Trust
Company(hereinafter"BMTC") was appointed plenary guardian of the estate of Kathleen M.
Knisely. Additionally, under the said Order of Court, James G. Knisely and Barbara Knisely
were appointed co-guardians of the person of Mrs. Knisely.
2. Under 20 Pa.C.S.A. § 5521(c), "Each guardian of an incapacitated person shall
file with the court appointing him a report, at least once within the first 12 months of his
appointment and at least annually thereafter, attesting to the following:
(i) Guardian of the estate:
(A) current principal and how it is invested;
(B) current income;
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(C) expenditures of principal and income since the last report; and
(D) needs of the incapacitated person for which the guardian has provided since
the last report."
3. Although many counties in the Commonwealth hold guardianship files and
guardianship reports under seal, at the present time, Cumberland County does not maintain such
files and reports under seal. As a result, any third party can access and review guardianship files
and annual reports at the Clerk's office, thus subjecting incapacitated persons to possible
financial exploitation.
4. In the instant case, guardians of Mrs. Knisely's person and estate were appointed
as a result of alleged financial and other exploitation of Mrs. Knisely by her son, Samuel Scott
Knisely.
1 5. In or around 2012, Samuel Scott Knisely is alleged to have coerced his mother to
travel with him from Pennsylvania to Las Vegas, Nevada, whereupon he is alleged to have
embarked upon a course of action of financially exploiting his mother while neglecting her
health care needs.
6. 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 converted several years of income tax refunds
due Mrs. Knisely.
7. Most recently, upon BMTC filing a petition seeking approval to expend Mrs.
Knisely's principal on an ongoing monthly basis for monthly expenses and for charitable giving,
Samuel Scott Knisely sought to obtain twenty-two (22) years of federal income tax returns of
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Mrs. Knisely (1992 through 2013), documentation regarding Mrs. Knisely's current monthly
living expenses, and documentation regarding Mrs. Knisely's expenses for trips, vacations, and
entertainment throughout the year. Additionally, Samuel Scott Knisely sought to obtain copies
of certain estate planning documents of Mrs. Knisely.
8. The aforementioned efforts of Samuel Scott Knisely were denied by this Court at
the hearing on BMTC's aforementioned petition on April 22, 2015.
9. As a result of the foregoing and continuing actions.of Samuel Scott Knisely, and
to protect private and confidential financial information regarding Mrs. Knisely from being
accessible by Samuel Scott Knisely or any third parties, BMTC has not previously filed its
annual reports as guardian of the estate under 20 Pa.C.S.A. § 5521(c).
10. BMTC presently has prepared its Annual Report for the periods of November 15,
'2012 through November 14, 2013, and November 15, 2013 through December 31, 2014, and
desires to file the Annual Reports under seal with the Court.
11. BMTC hereby requests that its Annual Report covering November 15, 2012
through November 14, 2013, and November 15, 2013 through December 31, 2014, and all
further and subsequent Annual Reports filed by BMTC, be filed and maintained under seal to
protect the confidential nature of the financial information contained in the Annual Reports, and
to preclude disclosure to persons or entities not authorized by the Court.
WHEREFORE, Petitioner, The Bryn Mawr Trust Company, respectfully requests that
this Honorable Court grant its Motion to File Annual Reports Under Seal and enter the Order
attached hereto, directing The Bryn Mawr Trust Company, Guardian of the Estate of Kathleen
M. Knisely, to file its Annual Reports under seal, and directing the Clerk of the Orphans' Court
to hold and maintain such Annual Reports under seal unless otherwise directed by this Court.
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Respectfully submitted,
RHOADS & SINON LLP
Dated: t-P 1 1 15- 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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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this /s.4 day of 0 _ , 2015,
served the foregoing Petition upon the person and in the manner indicated below. Service by
first-class mail, addressed as follows:
Mark F. Bayley, Esquire Anthony L. DeLuca, Esquire
17 West South Street 113 Front Street
Carlisle, PA 17013 P.O. Box 358
Boiling Springs, PA 17007
Delano M. Lantz, Esquire Lee Ann Knisely
4 North Hanover Street 485 Front Street
Carlisle, PA 17013 Louisville, CO 80027
Kathleen L. Knisely
9008 Avis Court
Vienne, VA 22182
RHOADS & SINON LLP
By:
Scott Alan Mitchell
Attorneys for Petitioner
One S. Market Square, 12th Fl.
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 231-6602
Sup. Ct. Attorney ID #76124
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