HomeMy WebLinkAbout11-17-08Courtney Ihishel Powell, Esquire
Attorney I.D. No. 8109
James Smith Dietterick ~ Connelly, LLP
P.O. Box 6~0
I Iershey, PA 1 i 033
.~rtorneys for Petitioner
IN RE: DANIEL W. JENKS,
ON THE PETITION OF RICHARD A
JENKS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUN^",Y, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. ~ ~~()OC 2008
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EMERGENCY PETITION TO DETERMINE_
THE RIGHT TO DISPOSE OF
DANIEL W. JENK'S REMAINS
TO THE HONORABLE JUDGE OF SAID COURT:
1. Petitioner is Richard A. Jenks, an adult individual who resides at 833 York Road,
Carlisle, Cumberland County, Pennsylvania.
2. Petitioner is the biological father of Daniel W. Jenks, (hereinafter "Decedent"),
who passed away on Friday, November 14, 2008
3. At the time of his death, Decedent was residing with his father, the Petitioner
herein.
4. Petitioner has been advised by the funeral director that h~ cannot dispose of his
son's body, because Decedent was married at the time of his death.
~. Decedent was man-ied to Raven Meredith-Motter Jerks, (hereinafter "Wife") on
March 26, 2006.
6. At the time of his death, Decedent was separated from his wife, and had been for
at least one year.
7. On September 17, 2007, Decedent filed for divorce from his Wife. Said divorce
was pending at the time of Decedent's Death, and is filed in the Cumberland
County Court of Common Pleas, docketed at 2007-DV- C15481.
8. Pursuant to PEF 305, a spouse shall have the sole authority to dispose of the
remains of a decedent, absent "enduring estrangement."
9. It is believed aid therefore averred that Raven Meredith-Motter Jenks was
estranged from the Decdent at the time of his death to such a degree which would
constitute "enduring estrangement" as identified under the Act.
10. Pursuant to PEF 305(c), if a spouse is deemed to be estranged under the Act, then
the next of kin shall determine the disposition of the body.
11. Accordingly to PEF 305 (d), a Court may order that the !:mal disposition of a
decedent's body be stayed pending final determination of a petition.
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«'HEREFORE, for the foregoing reasons, Petitioner requests th~.s Honorable Court rant
the emergency hearing to determine if Raven Meredith-Motter Jei~lcs is so estranged from Daniel
W. Jenla, as to constitute "enduring est-angemenf' and award Petitioner the right to dispose of
Decedent's remains.
Respectfully submitted,
JAMES, SMITH, DIETTERICK
8c CONNELLY, LLP
Date: November 17, 2008 By:
Courtney Kisl~tel Po 11, Esquire
Attorney LD. o. 815 9
134 Sipe Avenue
Hummelstown, PA 17036
(717) 533-3280
Attorneys for Petitioner, Richard A. Jenks
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VERIFICATION
I, Richard A. Jenks, verify that the statements made in the foregoing document are true and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa.GS.
Section 4904 relating to unsworn falsification *^ ^"+~'^r'f'P`
Date:
IN RE: DANIEL W. JENKS, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ON THE PETITION OF RICHARD A. No. OC 2008
1 ENK S
CERTIFICATE OF SERVICE
L Courtney Kishel Powell, Esquire, do hereby certify that Ise~ved a t1-ue and correct copy of
the foregoing Emergency Petition to Determine the Right to Dispose of'Daniel W. Jenk's
Remains, upon the following below-Warned individuals by U.S. Mail, first class postage prepaid,
at Hershey, Pennsylvania this 17'x' day of November, 2008.
SERVED UPON:
Raven Meredith-Motter Jenlcs
108 Earl Street
Boiling Springs, PA 17007
Courtney Kishel P~Sw
Attorney I.D. #81 ~09
James, Smith, Dietter
P.O. Box 650
Hershey, PA 17033
eXi, Esquire
& Connelly LLP