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COMMONWEALTH OF PENNSYLVANIA ~,
COURT OF COMMON PEAS ~-+
CUMBERLAND COUNTY, PENNSYLVANIA ~:•
IN RE:
ESTATE OF MARY E. COLUMBUS
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§ ORPHANS' COURT D1IVISION
§ NO.:
PETITION TO ISSUE A CITATION AND TO GRANT
LETTERS OF ADMINISTRATION TO CHRISTINE M COLUN~BUS
TO THE HONORABLE JUDGE(S) OF SAID COURT:
AND NOW comes Christine M. Columbus, Petitioner, and requests that a Citation
be issued and Letters of Administration be granted to her in order to administer the estate
of the above-referenced decedent and, in support thereof, respectfully represents the
following:
1. The decedent, Mary E. Columbus (hereinafter referred to as "Dec~d~nt"), died
on October 1, 2008 at the Holy Spirit Hospital in Camp Hill, Cumberland
County, Pennsylvania.
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2. At the time of her death, Decedent was 15 years old.
3. At the time of her death, Decedent was domiciled in Dauphin County,
Pennsylvania with her last principal residence being at 4509 ~,ocust Ln.,
Harrisburg, PA 17109.
4. At the time of her death, Decedent did not own any property o~ significant
value.
5. After proper search, Petitioner has ascertained that Decedent left no will and
was survived by the following heirs: her natural parents, Christine M.
Columbus, the Petitioner herein, and Edward Clouser, Jr., the ~~Respondent
. herein. There are no other heirs.
6. Petitioner, Decedent's mother, is an adult individual presently li~inig at 4509
Locust Ln., Harrisburg, Dauphin County, Pennsylvania 17109.
7. Throughout her entire life, the Decedent has lived with her biological mother,
the Petitioner.
8. Respondent, Decedent's biological father, is an adult individual presently
incarcerated at the Cumberland County Prison at 1101. Claremont Rd.,
Carlisle, Cumberland County, Pennsylvania 17015.
9. Respondent, Decedent's natural father, never had any personal (contact with
Decedent at any point during Decedent's 15 years of life; he hats repeatedly
denied that he is the father of the child and has, refused to even see her.
10. Respondent, Decedent's estranged natural father is currently incarcerated for
theft related convictions.
11. On September 8, ZO 10, Respondent, Decedent's biological father responded
to an inquiry from counsel by sending a letter from prisons essentially
indicating that he would not cooperate with the mother b~ signing a
renunciation so she could administer the estate of her daughter.
12. Petitioner, Decedent's biological mother, has spent consid$rable time,
resources and energy over the past two years in the preparation of an action
for professional malpractice and wrongful death on behalf of the Decedent.
13. In order for Petitioner to bring a wrongful death action on behalf ~f Decedent,
she must first be named as Decedent's "personal representative". Pa.R.C.P.
2201.
14. The refusal ofDecedent'sbiological father/Respondent to sign a I~en~unciation
form has resulted in delay of the filing of any legal action, which must be filed
on or before October 1.2010, the statute of limitations.
15. Respondent, who is currently incarcerated, will be unable to (secure legal
counsel and bring any legal action on behalf of Decedent before tl~e bxpiration
of the statute of limitations.
16. For the sake of argument, even if the estranged father were not i~h j affil, or if he
were released, his theft convictions would ultimately prevent him from
serving as a fiduciary for the estate when the natural mother and'custodian of
the child is prepared to serve.
_ _ _ __
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17. If the estranged father truly has concerns about the estate, and is not simply
objecting in order to harass and cause hardship for the mother, tthen he can
certainly demand an accounting irregardless of whether he is in prison or out.
However, if his unreasonable refusal to cooperate is permittled to delay
appointment of an administrator, then the potential claim on blehalf of the
minor's estate risks being lost.
WHEREFORE, Petitioner respectfully requests that this Honorable Court:
1. Issue a Citation directed to the following individual:
Cumberland County Prison
ATTN: Edward Clouser, Jr., Inmate
1101 Claremont Rd.
Carlisle, PA 170.15
2. And enter a decree authorizing the Register of Wills of!Cumberland
County Pennsylvania to grant the Petitioner, Christine lv~. Columbus,
Letters of Administration for the Estate of Mary E. Cohnabus.
Respectfully submitted,
September 8, 2010 ~ •
Laura C. Reyes aloney, Esqu'
Supreme Court LD. No.: 78075
Attorney for Petitioner
LAGUNA REYES MAL4NEY, LLP
1119 North Front Street
Harrisburg, PA 17102
(717) 233-5292
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VERIFICATION
I verify that the statements made in the foregoing Petition to Issue a Citaation and to
Grant Letters of Administration to Christine M. Columbus are true and corredt to the best
of my knowledge, information and belief. Furthermore, as personal representative of the
Decedent, I swear or affirm that I ,will well and truly administer the Decec~ertt's estate
according to law. I understand that false statements made herein may subject me to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authoirities.
Christine M. Columbus
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
ESTATE OF MARY E. COLUMBUS
§ ORPHANS' COURT D~V~SION
§ NO.:
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Petition to Issue .a Citation
and to Grant Letters of Administration to Christine M. Columbus filed in the abo~Ve-captioned
matter upon the Respondent, Edward Clouser, Jr., via first-class U.S. mail, addressed as
follows:
Cumberland County Prison
ATTN: Edward Clouser, Jr., Inmate
1101 Claremont Rd.
Carlisle, PA 17015
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Date
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Laura C. Reyes Maloney, E quare