HomeMy WebLinkAbout09-18-07
IN RE: .
AIDAN RUSSELL MACALUSO, a minor
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND
COUNTY, PENNSt~VANIA g
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ORPHANS COURT~V~IO~
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AND NOW come Russell A. Macaluso and Jean M. Macaluso, his wife, by their
attorney, Samuel L. Andes, and petition the court to appoint them the guardian of their
grandchild, Aidan Russell Macaluso, born 1 September 2007, on an emergency basis, as
follows:
1. The Petitioners are Russell A. Macaluso and Jean M. Macaluso, his wife, adult
individuals who reside at 1000 Walnut Street in Carlisle, Cumberland County,
Pennsylvania, 17013.
2. The Petitioners are the parents of Caitlin E. Macaluso, a 19 year old adult who
currently resides with them.
3. On 1 September 2007, the child who is the subject of this action, Aidan Russell
Macaluso, was born to the Petitioners' daughter Caitlin.
4. Petitioners request this court to appoint them both the guardian of the person
and the guardian of the estate of the said child. Their appointment as such is in the best
interests of the child, for the following reasons:
A. The child currently resides in their household and they are involved
on an intimate and day-to-day basis in caring for and raising the child; and
B. Their daughter, although an adult, is also a student who intends to
return to college and is not able to properly care and provide for the child
without the assistance of Petitioners; and
C. The father of the child, Jeffrey Kroon, a 20 year old adult male, is
not involved with the child in any way and is not able, and apparently not
willing, to provide for the child or assist in raising the child; and
EMERGENCY PETITION FOR APPOINTMENT OF GUARDI~
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D. Petitioners do not believe that either of the parents of the child
have sufficient maturity at this time to make the type of decisions required
for the best care of the child or are otherwise in a position to make those
decisions for the child.
E. Petitioners have the financial ability and the lovel experiencel and
qualifications to raise and provide for the child and are willing to do so; and
F. Without Petitioners being appointed guardianl they cannot provide
health insurance for the child and the child will lose the temporary health
insurance coverage now available to him.
5. In support of their petition and their request to be appointed guardians of the
childl the Petitioners submit the following information:
A. The child which they seek to be appointed guardian is Aidan
Russell Macalusol born 1 September 20071 who currently resides in
Petitionerls home and is now under their care.
B. The mother of the child is Caitlin E. Macaluso; who also resides
'-with Petitioners and who has consented to their appointment as the child/s
guardian. That consent is attached hereto and marked as Exhibit A.
C. The father of the child is Jeffrey Kroonl now age 201 who resides
with his parents at 806 Dunbar Road in Carlislel Cumberland County I
Pennsylvania 17013. Jeffrey Kroon is a full time student at Notre Dame
University and currently makes no contribution to the financial care for the
child or the personal or emotional care or upbringing of the child. Father has
had little or no contact with the child since the child/s birth.
D. The child has no assets or estate and has no income from any
source. At the present timel the child/s sole source of financial support is the
Petitioners in whose home he resides.
E. The child has no heirs other than his motherl Caitlin Macaluso and
his father Jeffrey Kroon. The child has no children or dependants.
F. There has not been any application to this or any other court prior
to the date of this Petition seeking the appointment of a guardian for the
child.
G. Because the child's young age he is unable to make decisions for
himself or to care or to pr.ovide properly for himself without the assistance of
others, including Petitioners. As such, he needs a guardian to make
decisions for him and to care and provide for him.
6. Action by the court appointing Petitioners guardian of the child is urgent
because the current health insurance for the child, provided by Petitioners through the
child's mother, is set to terminate at the end fo September, when the chilcJ obtains the
age of one month. petitioners cannot continue the insurance on the child unless they
have been appointed guardian of the child and are legally and financially responsible for
the child and able to make decisions on the child's behalf.
WHEREFORE, Petitioners pray this court to appoint them the guardian of the
estate and the person of the minor child, Aiden Russell Macaluso, born 1 September 2007
and to continue such guardianship until modified by subsequent order of this or any other
court of appropriate jurisdiction.
sa~~~V
Attorney for Petitioners
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I
understand that any false statements in this document are subject to the penalties of 18
Pa. C.S. 4904 (unsworn falsification to authorities).
Date:~- \~O1- \. t , bC'(tY--
~MACALUSO
CONSENT
I am the mother of Aiden Russell Macaluso, an infant born to me on 1 September
2007. I am nineteen years of age and was a college student at the time I became
pregnant with the child and I intend to return to college as soon as possible to complete
my education.
The father of the child is Jeffrey Kroon who, to my knowledge, is a full time college
student in Indiana. Since the child's birth, the father has had little or no involvement with
the child and has provided no financial assistance and exercises no rights regarding the
child.
I hereby consent to the appointment by the court of my parents, Russell A.
Macaluso and Jean M. Macaluso. I believe such appointment will be in the child's best
interest because the child resides with my parents, they are currently providing financial
and personal care for the child, and they have the experience, affection, and ability to
make proper decisions for him.
Date:
q/I'oJO/
Ifd&tf/ll:u~
~aitlin E. Macaluso
I verify that the statements made in this document are true and correct. I
understand that any false statements in this document are subject to the penalties of 18
Pa. C.S. 4904 (unsworn falsification to authorities).
Date:
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CaU~~~or-
Caitlin E. Macaluso