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HomeMy WebLinkAbout10-27-09IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, ORPHANS' COURT DIVISION In Re: The Disposition of the Remains of Elizabeth Rose Jaroszewski Deceased Stephen K. Parthemore, FD Petitioner « N Orp~h/~/ans' Court No. ? T' _.,., ;. Civil Action No. -' ~ ' ~,~ .,., 0 PETITION TO DETERMINE THE DISPOSITION OF THE CREMAINS OF ELIZABETH ROSE JAROSZEWSKI 1. Elizabeth Rose Jaroszewski is a deceased individual having died at Holy Spirit Hospital, Cumberland County, Camp Hill, PA 17011 on or about September 11, 2009. (See Exhibit A attached hereto.) 2. Petitioner, Stephen K. Parthemore, is a licensed funeral director at Parthemore Funeral Home & Cremation Services, Inc., 1303 Bridge Street, New Cumberland, PA 17070. 3. This Court has jurisdiction regarding this matter pursuant to 20 Pa.C.S.A. Sec. 305 (D) (2) which provides in relevant part: "If two or more persons with equal standing as next of kin disagree on disposition of the decedent's remains, the authority to dispose shall be determined by the court, with preference given to the person who had the closest relationship with the deceased." 4. Venue is vested in this Court pursuant to 20 Pa.C.S.A. §721. 5. Decedent's last place of residence was 115 Old Mill Road, Shermans Dale, PA 17090. 6. Elizabeth Rose Jaroszewski is survived by: MOTHER: Deborah Lee Rose 115 Old Mill Road Shermans Dale, PA 17090 FATHER: Andrew Vincent Jaroszewski 8200 Sunbury Lane 1502 Houston, TX 77095 7. On September 12, 2009, Petitioner contacted Ms. Rose and an arrangement conference was scheduled for that evening. Present at the arrangement conference were Ms. Rose, Mr. Jaroszewski, Daniel Jaroszewski, paternal grandfather of decedent along with the boyfriend of and female friend of Decedent. Arrangements were made for a two viewings at the funeral home with services at St. Theresa Catholic Church, New Cumberland, on Tuesday, September 15, 2009, to be followed by cremation. 8. At the arrangement conference, it was verbally agreed upon by Ms. Rose and Mr. Jaroszewski that Mr. Jaroszewski would take the cremated remains and inter them in a cemetery in Buffalo, New York. 9. At the viewing on Tuesday, September 15, 2009. Ms. Rose told Petitioner that she changed her mind and she wanted a portion of the cremated remains and that friends of Decedent wanted a portion of the cremains. 10. Following the church services on September 15, 2009, Ms. Rose went to the funeral home and again told Petitioner that she wanted a portion of the cremated remains and also that the Decedent's friends wanted a portion of them. 11. After the services on September 15, 2009 Mr. Jaroszewski spoke to Petitioner regarding the cremains and indicated he was aware Ms. Rose had changed her mind. He reminded Petitioner that at the arrangement conference he and Ms. Rose had agreed that he would take all of the cremains of Decedent and inter them in Buffalo. 12. Petitioner was contacted on Wednesday, September 16, 2009, by the paternal grandmother of Decedent who indicated that she was returning to Buffalo and wanted to stop by the funeral home to pickup the cremains. Petitioner advised the grandmother that the cremated remains had not been returned from the crematory. Further, that the parents of Decedent disagreed on the final disposition of the cremated remains. 13. On or about Monday, September 21, 2009, Mr. Jaroszewski contacted Petitioner stating that he was returning to Texas and that Petitioner should expect a call from his attorney. 14. On or about September 22, 2009, Ms. Rose contacted Petitioner to find out about the delivery of the cremated remains. He told her that a petition would be filed with the court to resolve the matter. 15. On Saturday, September 26, 2009, Joe Lombardo, F.D. at the Lombardo Funeral Home in Buffalo, who is a friend of Mr. Jaroszewski contacted the Parthemore Funeral Home and spoke to Bruce Parthemore, F.D. regarding the distribution of the cremains. Mr. Lombardo was told that this matter had become a legal issue between surviving family members. 16. On or about Wednesday, September 30, 2009, Ms. Rose communicated with Petitioner by email requesting visitation for herself and Decedent's boyfriend with the cremains at the funeral home. Subsequently, she called Petitioner and indicated she was working out the details for the visitation with the boyfriend of Decedent. As of the filing of this Petition, Ms. Rose has not contacted Petitioner further about this matter. 17. Petitioner has been placed into the middle of a family disagreement and cannot proceed with the release of cremains to Mr. Jaroszewski without reprisal from Ms. Rose. Petitioner was not able to work out an amicable resolution between the parties in this matter. WHEREFORE, the Petitioner respectfully requests that this Court enters an order directing the disposition of the cremains of Elizabeth Rose Jaroszewski. Respectfully submitted, Kathleen K. Ryan, Esquire I.D. #65344 Counsel for Petitioner 7441 Allentown Boulevard Harrisburg, PA 17112 (717) 545-7215 Dated: October -~~-~-, 2009 VERIFICATION I, Stephen K. Parthemore, F.D., am a licensed funeral director in the Commonwealth of Pennsylvania. I verify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that all statements contained herein are made subject to the penalties of 18 Pa.C.S.A., Sec. 4904 relating to unsworn falsification to authorities. Stephen K. Parthemore Date: Oc.~a6a- Z7a Z~q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, ORPHANS' COURT DIVISION In Re: The Disposition of the Remains Orphans' Court of Elizabeth Rose Jaroszewski Deceased No. Civil Action No. Stephen K. Parthemore, FD Petitioner CERTIFICATE OF SERVICE I hereby certify that on ®~~'~~ a 7~ , 2009, I have caused notice to be given of the within Petition by Certified Mail, to the individuals listed below: MOTHER: Deborah Lee Rose 115 Old Mill Road Shermans Dale, PA 17090 FATHER: Andrew Vincent Jaroszewski 8200 Sunbury Lane 1502 Houston, TX 77095 Respectfully submitted, athleen K. Ryan, Esquir Counsel for Petitioner Attorney I.D. No.: 65344 7441 Allentown Blvd. Harrisburg, PA 17112 717-545-7215