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HomeMy WebLinkAbout06-02-11Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES SI2 Market Street Millersburg, PA 17061 717-692-2345 *phone 717-692-3554 *fax Jeff~7shafferengle. com ~~ 201 ~ JuN -2 ai-i 10= 32 QRPHAM~$ OURT CUMBERI.,gNp CQ,, RA 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 MOTION FOR CONTINUANCE AND NOW, this ls` day of June, 2011, comes the Petitioner, Mark R. Aveni, 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, Mark R. Aveni, filed a Petition for Modification of Guardianship and Request for Entry of an Emergency Order on or about May 23, 2011. 2. Petitioner, Mark R. Aveni, is represented by Jeffrey B. Engle, Esquire, of Shaffer & Engle Law Offices, LLC, 512 Market Street, Millersburg, PA 17061. 3. The undersigned counsel is unaware if Respondent, Anita Aveni, is currently represented by her prior counsel, John M. Kerr, Esquire. ~i 4. By Order dated October 24, 2011, the Court appointed Michael Whare, Esquire, as guardian ad litem for the Incapacitated Person, Sean A. Aveni. 5. By Order dated May 24, 2011, the Respondent is prohibited from relocating the subject incapacitated person outside the jurisdiction of Cumberland County. 6. Also, by Order dated May 24, 2011, a hearing was scheduled in this matter for June 10, 2011 at 1:00 p.m. 7. The undersigned counsel will be out of town from June 9-13, 2011. 8. The undersigned counsel is, therefore, respectfully requesting a continuance in this matter. 9. It is believed and therefore averred, that delay will not substantially prejudice the parties to this matter. 10. Opposing counsel, John Kerr, Esquire, has been contacted; however, there has been no response whether Attorney Kerr opposes this motion. 11. Michael Whare, Esquire, court appointed guardian ad litem for the incapacitated person has also been contact; however, there has been no reply as to whether Attorney Whare oppose this motion. WHEREFORE, the undersigned counsel respectfully requests that this Honorable Court grant Petitioner's Motion for Continuance. Dated: l t l Respectfully submitted, Jeffrey~S. ~i~fe,~s i I.D. 0.76644 SHAFFER & EN 512 Market Street Millersburg, PA 17061 (717) 692-2345 Attorney for Petitioner W OFFICES 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 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 Michael Whare, Esq. 37 E. Pomfret Street Carlisle, PA 17013 Attorney for Sean A. Aveni Daniel R. Lovett, Esq. 360 Stonycreek Street Johnstown, PA 15901 Anita M. Aveni 51 Kensington Drive Camp Hill, PA 17011 Date: ~- l ` ~ 1 v V V.J~ Melissa Wise, Paralegal to Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 512 Market Street Millersburg, PA 17061 (717) 692-2345