HomeMy WebLinkAbout09-09-09Jeffrey B. Engle, Esquire ~
SHAFFER & ENGLE LA W OFFICES ~'
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512 Market Street
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Millersburg, PA 17061 ~°'
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717-692-2345 *phone ~ ~~ ~:
717-692-3554 *fax
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IN THE MATTER OF THE PERSON OF IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
SEAN A. AVENI,
AN ADULT INDIVIDUAL
ORPHANS' COURT DIVISION
N0.21-09-0795
MOTION FOR CONTINUANCE
AND NOW, this day of September, 2009, comes the Respondent, by and through
his counsel, Shaffer & Engle Law Offices, more specifically Jeffrey B. Engle, Esquire, and
respectfully requests a continuance in the above-captioned matter, and in support thereof, avers
as follows:
1. Petitioner, Anita M. Aveni, filed a "Petition to Adjuducate [sic) a Person Incompetent
and For the Appointment of a Guardian of the Person" [hereinafter "Petition for
Guardianship"] in Cumberland County on or about August 25, 2009.
2. Petitioner filed an "Important Notice Citation With Notice" [hereinafter "Notice"] at the
above-referenced docket on or about August 31, 2009.
3. Respondent, Mark R. Aveni was served with the Petition and Notice by U.S. First Class
Mail on or about September 2, 2009.
4. A hearing on the Petition for Guardianship is scheduled for September 10, 2009 at 3:30
p.m. before this Honorable Court.
5. On or about September 9, 2009, contemporaneous with this filing, Respondent filed
Preliminary Objections in the Nature of a Petition to Transfer Venue with this Honorable
Court, raising improper venue, and respectfully requesting that this Court (1) sustain
Respondent's Preliminary Objections; (2) rule Cumberland County as improper venue
and transfer this matter to Cambria County; and (3) Ordering the Cumberland County
Orphan's Court to transfer the file to Cambria County.
6. Respondent is respectfully requesting a continuance in this matter.
7. Respondent is actively seeking appointment of plenary guardian of his son, Sean A.
Aveni.
8. Respondent has not had ample time to consult with counsel and prepare potential
witnesses, having only been served on September 2, 2009.
9. It is believed and therefore averred, that delay will not substantially prejudice the parties
to this matter.
WHEREFORE, the undersigned counsel respectfully requests that this Honorable Court
grant Respondent's Motion for Continuance.
Dated: ~ d
Respectfully submitted,
Millersburg, PA 17061
(717) 692-2345
Attorney for Respondent
512 Market Street
IN THE MATTER OF THE PERSON OF IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
SEAN A. AVENI,
AN ADULT INDIVIDUAL
ORPHANS' COURT DIVISION
N0.21-09-0795
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion for Continuance was
sent First Class U.S. Mail to the following:
John M. Kerr, Esquire
5020 Ritter Road, Ste. 109
Mechanicsburg, PA 17055
Attorney for Petitioner
Albert H. Masland, Esquire
Saidis Flower & Lindsay
26 W. High Street
Carlisle, PA 17013
Attorney for Sean A. Aveni
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Melissa Wise, Paralegal to
Jeffrey B. Engle, Esquire
SHAFFER & ENGLE LAW OFFICES
512 Market Street
Millersburg, PA 17061
(717) 692-2345