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Home My WebLink About05-23-116~ Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 512 Market Street Millersburg, PA 17061 717-692-2345 *phone 717-692-3554 *fax Jeff~a shaf~erengle. com ~MV' •~V ).~I~'VY 20t! MAY ~3 Fri !~ 2s .(X~RIC (3F ~~a~ a~~ IN THE MATTER OF THE PERSON OF SEAN A. AVENI, AN ADULT INDIVIDUAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0.21-09-0795 PETITION FOR MODIFICATION OF GUARDIANSHIP AND REQUEST FOR ENTRY OF EMERGENCY ORDER Petitioner, MARK R. AVENI, by and through his attorneys, Shaffer & Engle Law Offices, LLC, more specifically, Jeffrey B. Engle, Esquire, files this Petition for Modification of Guardianship and Request for Entry of Emergency Order pursuant to 20 Pa.C.S.A. §5511 et. seq., and in support thereof avers as follows: 1. Petitioner, Mark R. Aveni, is an adult individual residing at 220 Hereford Lane, Johnson, Cambria County, Pennsylvania 15905. 2. The Petitioner, Mazk R. Aveni, is the biological father of Sean A. Aveni and is represented by the undersigned counsel. 3. The Respondent, Anita M. Aveni, is the biological mother and cazetaker of Sean A. Aveni, the incapacitated person. 4. It is believed and therefore averred that Anita M. Aveni is currently residing with her parents and the incapacitated person at 51 Kensington Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 5. A Petition to Adjudicate a Person Incompetent and for an Appointment of a Guardian of the Person was instituted by the Respondent, Anita Aveni, on or about August 25, 2009. 6. Mark R. Aveni was granted the right to intervene as Sean's natural father. 7. After a hearing in this matter, both parties were appointed plenary guardians of Sean A. Aveni. (See copy of Order entered October 7, 2009, attached hereto as Exhibit 1). 8. Pursuant to the Order of Court, Mr. Aveni has a shared visitation schedule with Anita M. Aveni as set forth in the Order. 9. The parties currently share transportation of the subject incapacitated person. REQUEST FOR EMERGENCY RELIEF 10. Averments 1 - 9 are contained herein by reference as if set forth below in full. 11. It is believed and therefore averred, that the Respondent, Anita Aveni, moved to Cumberland County from Cambria County on August 8, 2009, without prior notification to the Petitioner. 12. It is further believed and therefore averred, that Anita Aveni took the subject incapacitated person to Cumberland County for purposes of establishing his residency in that County, without first advising the Petitioner of same. 13. Since the time of the entry of the Order, it has come to the attention of the Petitioner that Respondent intends on relocating once more with the subject incapacitated person from Cumberland County, Pennsylvania, to Mount Holly, New Jersey. 14. It is believed and therefore averred, that the Respondent has not nor will give notice to the Petitioner of her proposed move based upon her past history. 15. It is believed and therefore averred, that the interests of justice would require that this Court maintain jurisdiction over this matter and the Respondent should be prohibited from relocating with the subject incapacitated person until such time as a hearing can be held on the merits of this issue. REQUEST FOR MODIFICATION OF GUARDIANSHIP 16. Averments 1 - 15 are contained herein by reference as if set forth below in full. 17. It is believed and therefore averred, that Petitioner can provide a more stable environment for the subject incapacitated person. a. The Respondent's numerous moves are not conducive to caring for Sean, who has spina bifida and other health concerns. b. The Petitioner has been able to care for Sean during alternating weekends and the summer. c. The Petitioner can arrange for the same type of nursing assistance received by the Respondent. 18. It is believed and therefore averred that the Respondent does not have Sean Aveni's best interest at heart. WHEREFORE, it is respectfully requested that This Court enter an Order granting the following: a. The Respondent, Anita Aveni, is hereby prohibited from relocating the subject incapacitated person outside the jurisdiction of Cumberland County; b. A hearing shall be held on the Petition to Modify the Guardianship and the Emergency relief requested on day of , 2011, at o'clock in the Courtroom of the Cumberland County Court of Common Pleas; and c. Modify the current order to appoint Mazk R. Aveni as plenary guazdian of his estate and primary plenary guardian of the person. Respectfully submitted, SHAFFER & ENGLE LAW OFFICES Jeffrey ~1"e, E u: ID # 7 44 512 azket S eet Millersburg, PA 1 06 717-692-2345 Attorney for Petitioner IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF SEAN A. AVENI, AN CUMBERLAND COUNTY, PENNSYLVANIA ADULT INDIVIDUAL ORPHANS' COURT DIVISION NO. 21-09-0795 ORPHANS' COURT ORDER OF COURT AND NOW, this 7th day of October, 2009, after hearing, we find Sean A. Aveni to be an incapacitated person. His mother, Anita M. Aveni, and his father, Mark R. Aveni, are appointed plenary guardians of his person. His mother, Anita M. Aveni is appointed plenary guardian of his estate. Anita M. Aveni shall be the primary plenary guardian of the person of Sean A. Aveni and he shall reside with her. Provided however, that he shall visit with his father as follows: 1. Every other weekend from Friday at 4:00 p.m. until Sunday at 6:00 p.m. 2. From the end of school in June until the beginning of school in July and from the end of school in July until the beginning of school in September. During the periods of Father's visitation with Sean, Mother may visit with Sean in Johnstown as often as she desires provided it does not reasonably interfere with Father's schedule. Transportation shall be handled by the parties meeting at a mutually agreed upon place in Breezewood, Pennsylvania. John M. Kerr, Esquire For the Petitioner Jeffrey B. Engle, Esquire For the Respondent Albert Masland, Esquire Guardian ad Litem A TRUE COPY FROM RECORD In Testimony wherof, I hereunto set my hand and the seal of said Court a~Carlisle, P~ Thi d s c..~~°~ / ~ of a Orphans Court ~~cnb~rland County n ca a -,~ ,v n i'c_ i-n . ~J~, ...~ rh LJ ~, C~ -n -~ --~ d 0 ..o 0 c-~ --~ cb N -I r^: - -~ ~~, ~~ cn r=,- ~'~~ . ,. r' ~~ +' ra _~, .- - ,:Yi ~:. --, Ob/21/2011 11:00 FA% 814255801b . WESTMONT ARUG STORE f~001/001 m5-za-•a1 IDy:1Y FRO[9-SHAFFEkt 8 ENC~LE 7176923554 T-897 P0002/6e82 F-746 VERiFICATIUN Y verify that the avdrn~etits in this Petition to ModlBcation of duardian:ihip and Entry of an Emea'gea-cy Order and are truo and correct. I understated that false statasrle: zts herein are tnede subject to the penalties of 1 S Pa. C.S. 4904, relating to twswom falsificadc n to authoretios. Marls R, Aveni, Petiti orrer DATE: 1N 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 Petition for Modification of Guardianship and Request for Entry of an Emergency Order 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 John M. Lovett, Esq. 360 Stonycreek Street Johnstown, PA 15901 Date: ~ ~ Z~ ' ~ ~ ~ ~ Melissa Wise, Paralegal to Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 512 Market Street Millersburg, PA 17061 (717)692-2345