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Home My WebLink About09-30-09~ V IN THE MATTER OF THE PERSON IN THE COURT OF COMMON PLEAS OF SEAN A. AVENTI, CUMBERLAND COUNTY, PENNSYLVANIA AN ADULT INDIVIDUAL ~ C~ ~ s:; 3 . ORPHANS' COURT DI `° ~~-' '--- c~-v rn ~t T , - ~ -~ ,- ......, ~, .~ PETITIONER'S ANSWER TO THE UNVERIFIED PRELIMINARY OBJECTIONS FILED BY-$E~ONDENT ~ ~,~_~ ;,,, ~ AND NOW, comes Anita M. Aveni, Petitioner in the captioned proceeding, by her counsel, John M. Kerr, Esquire, and files the within Answer To The Preliminary Objections Filed By Respondent, the nature of which is as follows: 1. ADMITTED. 2. ADMITTED in part and DENIED in part. It is admitted that Respondent is the biological father for Sean A. Aveni. It is denied that he is the caretaker. Instead, Petitioner Anita Aveni (hereinafter, "Petitioner") resigned her full-time position at the Fashion Bug at the birth of Sean Aveni (hereinafter, "Sean") in order to care for him full-time, which she has done for the past nineteen plus years. Respondent was employed full-time and provided care only in the evenings. 3. ADMITTED. 4. ADMITTED in part and DENIED in part. It is admitted that that the "Important Notice 1..,,O~oE ohn M.~err Citation With Notice was docketed on August 31, 2009. It is denied that this was the date on so2owtterl;oad which it was filed. Suite 109 MeahaNcsburg, PA 17055 >~'°"~' 717.766.4008 Fix: 717.766.4os6 5. DENIED. Petitioner lacks sufficient knowled a to form a belief as to when Res ondent g p was served with the Petition and Notice. Those documents were mailed by the Clerk of Orphans Court. By way of additional answer, undersigned counsel informed Respondent's counsel, James Pappas of Johnstown, Pennsylvania, in late August, 2009, that the Hearing on the Guardianship Petition was scheduled for September 10, 2009. 6. ADMITTED. 7. DENIED. The allegation contained at paragraph 7 of the Preliminary Objections represents a conclusion of law, to which no response is required under the Pennsylvania Rules of Civil Procedure. a. DENIED. It is expressly denied that Sean Aveni is domiciled in Cambria County. By way of further answer, Sean is enrolled in the West Shore School District in Cumberland County, Pennsylvania (see, Exhibit "A" appended to this Answer, confirmation that Sean Aveni is enrolled in the West Shore School District as a 12tH grade student with Cedar Cliff High School as his home school). In addition, his Pennsylvania Identification Card lists his address as 51 Kensington Drive, Camp Hill, Pennsylvania 17011 (see, Exhibit "B" appended to this Answer, copy of said identification card). Moreover, Sean is registered to vote at 51 Kensington Drive, Camp Hill, Cumberland County, Pennsylvania (see, Exhibit "C" appended to this Answer, copy of voter registration card issued by the Bureau of Elections in Carlisle, Pennsylvania). Finally, Sean's Social Security Card lists his address as 51 Kensington Drive, Camp Hill, Pennsylvania 17011 (see, Exhibit "D" appended to this Answer, copy of Social Security Card). ~~~ ohn M.~err 5020 Rltter Road Suite ~ oe MechaNcsburg. PA 17055 P, 7 i 7.7ss.4oos Fwx: 717.7ss.4os6 i. DENIED. The allegations and cited case law contained at sub- paragraph 7a.i. of the Preliminary Objections represents conclusions of law, to which no response is required under the Pennsylvania Rules of Civif Procedure. ii. ADMITTED in part and DENIED in part. It is denied that Sean Aveni currently resides in Cambria County. The balance of the averment is admitted. iii. ADMITTED. By way of further answer, Petitioner informed Respondent that she was going to live with her grandmother as a temporary separation from her husband. She did, in fact, travel to her grandmother's reasident and spent 1-2 hours there. She left because she did not want her grandmother to bear the brunt of what was occurring between herself and Respondent. iv. ADMITTED. v. DENIED. Respondent was at the marital residence. Sean, at the time, was at the residence of Petitioner's grandmother, with a nurse, e.g., Megan Miller. Petitioner told Respondent that he could go to her grandmother's residence and have pizza with Sean before they departed for Camp Hill, Pennsylvania. Respondent did avail himself of this opportunity. Indeed, Respondent was well aware Petitioner and Sean were about to travel to her mother`s residence in Camp Hill and never requested that she not take Sean with her. vi. ADMITTED. Lw office of ohn M.~en 5020 Ritter Road Suite 109 Mechanicslxug. PA 17055 PHO»: 717.766.4008 Fnx: 717.766.4066 vii. DENIED. Since August 12, 2009, Petitioner has only spoken to her husband once (other than answering the telephone when he has called to speak to Sean). In that conversation, she requested that Respondent send money for her and Sean. When Petitioner answers the telephone, her husband never asks to speak to her. viii. ADMITTED. By way of further answer, the averment at ~~~ ohn M.~err 5020 Rater Road Suite 1OB Mechanicsburg. PA 17055 Ptiorte: 717.768.4008 Fnx: 717.766.4066 subparagraph 7a viii of the Preliminary Objections undercuts Respondent's argument that Petitioner does not intend to remain in Cumberland County permanently. ix. DENIED. Sean knows that he is living in Cumberland County "because Mommy and Daddy fight a lot." When respondent asks his son if he is ready to come home, Sean responds, "Let it go, Dad." x. DENIED. As of October 1, 2009, Sean's Social Security checks will be sent to Camp Hill, Pennsylvania. By way of further answer, it is Petitioner who receives the social security funds on behalf of Sean (see, Exhibit "E" to this Answer, copy of Representative Payee Report, listing "Anita Aveni For Sean Anthony Aveni"}. Moreover, Respondent has wrongfully diverted Sean's Social Security funds for August, 2009 and not forwarded them to Petitioner. Respondent has forwarded the funds for September, 2009, but withheld Sean's funds for August, 2009. xi. ADMITTED in part and DENIED in part. Sean's funds are deposited at his bank in Camp Hill, Pennsylvania. That is where Social Security will be forwarding the funds as of October 1, 2009. xii. DENIED. As fully evidenced by Exhibit "A" to this Answer, Sean is enrolled in the West Shore School District, the Greater Johnstown School District having transferred his records to West Shore. Sean is receiving home bound instruction, having met his teacher on September 15, 2009 and begun instruction on September 17, 2009. He has also met with his speech therapist. xiii. DENIED. b. DENIED. Other than Sean's pediatrician, all treating physicians, nurses, therapists, etc. for Sean are located at the Spinal Bifida Clinic at Children's Hospital in Pittsburgh, Pennsylvania - a distance of two hours from Cambria County, Pennsylvania. Sean's teachers and aides are located in Cumberland County, Pennsylvania. 8. DENIED. The hearing has been continued until October 2, 2009. WHEREFORE, it is requested that the Court deny the Preliminary Objections, as venue is proper in Cumberland County, Pennsylvania. Respectfully submitted, Joh .Kerr, Esquire I.D. #26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 ~~~ ohn M.~err 502o hitter goad Suite 109 Mechanicsburg, PA 17055 PHOt~e: 717.766.4008 Fnx: 717.766.4066 Dated: September 30, 2009 VERIFICATION The undersigned hereby states that she is the Petitioner in the pending Guardianship Proceeding which is the subject of the instant Preliminary Objections and, as such, is authorized to execute this Verification, and that any factual statements contained in the Answer To Preliminary Objections are true and correct to the best of her knowledge, information and belief. She understands that false statements are subject to the penalties prescribed at 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. I Anita Aveni WEST SHORE SCHOOL DI • RICT Jemry L. Small Superintendent of Schools September 10, 2009 To Whom It May Concern: This letter verifies that Sean Anthony Aveni is currently enrolled as a student in the West Shore School District. Sean is a 12~' grade student. His home school is Cedar Cliff High School. Sean will be receiving homebound instruction. Our system shows he is living with his mother Anita Aveni at 51 Kensington Drive, Camp Hill, PA. If you need any further information, don't hesitate to contact me at 717-938-9577. My extension is 177. Sincerely, Shannon Schimp Child Accounting Clerk West Shore School District Commonwealth of Pennsylvania ) ss Exhibit A County of fork ) Before me, the undersigned officer, personally appeared the above-named employee of the West Shore School District, who being duly sworn according to law, deposes and says that the items set forth in the foregoing statement are true and correct. Sworn to and subscribed before me this ~ day of Si afore and al of Executin Officer CO N.WEALTH OF PENNSYLVANW ~ g Notarial Seat Dorothy M. Deckard, Notary Public Lower AUen Twp., Cumberland County 507 Fishing Creek Road, P. O. Box 803, New Cumberland, Pennsylvania 17070-0803 District Office, 507 Fishing Creek Road, Lewisberry, Pennsylvania 17339-9517 Phone 717-938-9577 Fax 717-938-2779 wwwwssd.kl2.pa.us An equal opportunity employer O C f9 ~ ~ C ~ O A ~ ~ C o z'~ err Q ~~~ A~~ 4 • y ~ z • • ,~ ~ ~ ~ ~?; K d~ ~ , ~ ~ y c ~ ~ ~ O r~r W y ~„y ~ ~ f9 ~. ~ ~ ~ n ~ C ~ ,~ ~ t9 D ..• ~ ~ ~ ^* y ... ~+ b fD ~ ~ -.r ~ a < ~ ~ ^ l 1 x~ ~~ ~~ ~~ y C c< 't O "'S ~ .~ v T . ~ Exhibit D ' CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Petitioner's Answer To Th~l Unverified Preliminary Objections of Respondent," on the below-named individuals in the manner indlbated: First Class Mail and Fascimile Hand-Delivered Jeffrey B. Engle, Esquire Albert H. Masland, Esquire Shaffer & Engle Law Offices Saidis Flower & Lindsay 512 Market Street 26 West High Street Millersburg, PA 17061 Carlisle, PA 17013 Joh .Kerr, Esquire La Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 1.~0~~ ohn M.~err Dated: September 30, 2009 5020 Ritter Road Sutte toe a-aNcsburg, PA 17055 :~: 71 ?.768.4008 x: 717.766.4068