HomeMy WebLinkAbout08-25-09.,~~
IN THE MATTER OF 7 Q P~ERSON~ ~~~ 8' ~ 3
OF SEAN A. AVENTI, ~LE~~ ~-,F
AN ADULT INDIVIDUAL aRPH~,~!'~ ~a~RT
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:ORPHANS' COURT DIVISION
NO. ~ i - O ~ - C~ ~l ~S
PETITION TO ADJUDUCATE A PERSON INCOMPETENT AND FOR THE APPOINTMENT OF A
GUARDIAN OF THE PERSON
AND NOW, comes Anita M. Aveni, Petitioner in the captioned proceeding, by her counsel,
John M. Kerr, Esquire, pursuant to Rule 14.2 of the Orphans' Court Rules, and represents as follows:
1. Petitioner, Anita M. Aveni, is an adult individual residing at 51 Kensington Drive, Camp
Hill, Cumberland County. Pennsylvania 17011.
2. Anita M. Aveni (hereinafter, "Petitioner") is the natural mother of Sean M. Aveni, who is the
subject of this guardianship petition.
3. Sean M. Aveni (hereinafter, "Sean") was born on October 28, 1989 and is, consequently,
nineteen years of age; is single; and lives at 51 Kensington Drive, Camp Hill, Pennsylvania 17011.
4. Sean was born with Spinal Bifida and Hydrocephalus, more commonly known as "water on
1.~, ova ~
ohn M.~err
5020 Ritter Road
suite 1 os
Mechanicsburg, PA 17055
PHONIE: 717.766.4008
Fnx: 717.766.4068
the brain." He also suffers from restrictive lung disease and requires catherization four (4) times
daily. Although he can distinguish right from wrong, he suffers from a diminished mental capacity and
is incompetent.
5. For nearly twenty (20) years from his birth, Petitioner has been the primary caregiver for Sean
and provides such services on a 24/7 basis. After his birth, Petitioner resigned her full-time
employment to remain at home to provide for his needs.
6. Sean's Father is Mark R. Aveni (hereinafter, "Father"), who resides at 220 Hereford Lane,
Johnstown, Cambria County, Pennsylvania. Petitioner has filed a divorce action against Father, which
is docketed at No.09-5683 Civil in the Court of Common Pleas for Cumberland County, Pennsylvania.
7. Petitioner and Sean live with her parents, Carolyn and Patrick Holtzman, at 51 Kensington
Drive, Camp Hill, Pennsylvania 17011. The maternal grandparents have furnished, and will continue
to furnish, the financial, emotional, nurturing and physical support necessary to assist Petitioner in
caring for Sean. Consequently, Sean has a warm and loving relationship with his Mother and
maternal grandparents.
8. The alleged incompetent receives Social Security disability payments of $740.00 monthly to
assist in his care and maintenance. Petitioner is not aware of any other income from any source.
9. The alleged incompetent was never a member of the Armed Services of the United States, nor
1~wo~Q~
ohn M.~err
5020 Ritter Road
Suite 109
MechaNcsburg, PA 17055
Pt~onrE: 717.766.4008
Fnx: 717.766.4068
does he receive any benefits from the United states Veterans Administration or its successor.
10. The alleged incompetent is an incapacitated person within the meaning of 20 Pa. C.S. §5501,
in that his ability to receive and to evaluate information effectively and communicate decisions in any
way is impaired to such a significant extent that he is partially or totally unable to manage his financial
resources or to meet essential requirements for his physical health and safety.
11. The proposed guardian is Anita M. Aveni, whose residence is 51 Kensington Drive, Camp Hill,
Pennsylvania 17011. She is the mother of the alleged incompetent.
12. The proposed guardian has no interest adverse to the alleged incompetent.
13. No other court has ever assumed jurisdiction in any proceeding to determine the competency
of the alleged incompetent.
14. There is no guardian already appointed on behalf of the alleged incompetent.
WHEREFORE, it is requested that the Court grant a citation, directed to the alleged
incompetent, with notice thereof to his next of kin and to such other persons as the court may direct,
to show cause why he should not be adjudged an incompetent and a guardian of his person or estate
appointed.
Respectfully submitted,
ohn M. Kerr, Esquire
I.D. #26414
Law Office of John M. Kerr
5020 Ritter Road
Suite 109
Mechanicsburg, PA 17055
(717) 766-4008
Dated: August 24, 2009
Lw O~ae d
ohn M.~err
5020 Ritter Road
Suite 109
Mechanicsburg. PA 17055
PHOt~: 717.766.008
FAx: 717.766.4066
WRITTEN CONSENT TO GUARDIANSHIP
In accordance with Rule 14.2-1 of the Cumberland County Orphans Court Rules, Anita M. Aveni
consents to the Guardianship Appointment over the person and estate of her son, Sean A. Aveni.
. a, ~1.
Anita M. Aveni
VERIFICATION
The undersigned hereby states that she is the Petitioner in the foregoing "Petition For
Appointment of Guardian," and, as such, is authorized to execute this Verification, and that
any factual statement contained in the said Petition is true to the best of her knowledge,
information and belief. She understands that any false statements are subject to the penalties
prescribed at 18 Pa. C.S. §4904, relating to unsworn falsification to authorities.
Anita Aventi