HomeMy WebLinkAbout04-14-14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA, ORPHANS'COURT DIVISION
In Re: 3 p,..,,
The Disposition of the Remains of : Orphans' Court 2�"/4 c,�
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Maxwell N. Duesterhoeft: : � � � ; �
Deceased : No. � o � �, U, °
: Civil Action No. � � r- � � °
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Julie L. Simmons, Mother of : �:� �-, � -n ��, --n
Maxwell N. Duesterhoeft, : � ° � � =� �'
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Petitioner : = � '-' r r"
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PETITION TO DETERMINE THE
DISPOSITION OF THE REMAINS OF MAXWELL N. DUESTERHOEFT
1. Maxwell N. Duesterhoeft, age 21, is a deceased individual found dead in
Swatara Creek to the rear of 606 Pine Road, Hanovever Township, Dauphin
County . He was pronounced dead on March 28, 2014. (See Exhibit A attached
hereto.)
2. The Decedent had never married and has no children.
3. Petitioner Julie L. Simmons is the mother of the decedent. Her current address
is 954 Brick Church Road, Enola, Cumberland County , PA 17025.
4. Scott S. Duesterhoeft is the Decedent's father. His current address is 329 Lamp
Post Lane, Etters, York County, PA 17319.
5. Decedent's place of residence on his driver's license at time of death is 329
Lamp Post Lane, Etters, York County PA 17319.
6. In mid-February, 2014 the Decedent had packed his personal property in boxes
at Etters and began sleeping at the home of his mother the Petitioner, which he
considered his residence. He was in the process of moving the boxes of his
personal property at the time of his death. The address on his phone bill had
been changed to Enola.
7. This Court has jurisdiction regarding this matter pursuant to 20 Pa.C.S.A. Sec.
305 (c) which provides in relevant part:
"If there is not a surviving spouse, . . . the next of kin shall have sole
authority in all matters pertaining to the disposition of the remains of the
decedent."
"Next of Kin" is defined by the statute as follows:
"The spouse and relatives by blood of the deceased in order that they be
authorized to succeed to the deceased's estate under Chapter 21 (relating
to intestate succession) as long as the person is an adult or an
emancipated minor."
8. On March 30, 2014 the Petitioner called Malpezzi Funeral Home, 8 Market Plaza
Way, Mechanicsburg, Pa 17055 requesting professional services.
9. On March 31,2014 at the Arrangements Conference with Jeremy Shartzer, FD,
the Petitioner selected cremation as the best way to comply with the Decedent's
often-stated desire that if anything happened to him he wanted to come back as
a tree. Decedent's father, Scott S. Duesterhoeft was not present.
9. On April 1, 2014 Mr. Shartzer called Mr. Duesterhoeft to obtain his written
permission for cremation. Mr. Duesterhoeft stated that:
He had verbally released his rights of disposition and gave
authority to Julie Simmons to handle funeral arrangements.
He did not care what method of disposition was selected.
He could not bring himself to sign any documentation.
He did not object to cremation.
He only refused to sign any type of documentation.
His verbal statement to funeral home and coroner's office should be enough for
Malpezzi Funeral Home to continue with cremation:
"You need to do what you need to do but I have drawn a hard line and I am not
about to cross it."
10. Venue is vested in this Court pursuant to 20 Pa.C.S.A., §721:
"When a Pennsylvania court has jurisdiction of a decedent's . . .estate, except as
otherwise provided by law, the venue for all purposes shall be as follows:
(1) Decedent's Estates. In the case of a decedent's estate, in the county where
the letters are granted to the personal representative. . ."
11. On April 1'I, 2014 Petitioner opened probate for the estate of the Decedent in the
office of Register of Wills, Cumberland County Court and was granted letters of
administration.
12. Due to the fact that Mr. Duesterhoeft, the father, has refused to sign a statement
authorizing cremation, Petitioner is seeking court approval for the cremation with
the cremated remains to be returned to her.
WHEREFORE, it is respectFully requested that this Honorable Court grant Petitioner's
request to order the cremation of the remains of Maxwell N. Duesterhoeft, with the
cremated remains to be returned to his mother, Julie L. Simmons.
Respectfully submitted,
_�� (� • ��
Date: April 11, 2014 Benjamin A. Cero, Esquire
I.D. #19586
Counsel for Petitioner
28 Paddock Lane,
Camp Hill, PA 17011
(717) 737 1870
VERIFICATION
I, Julie L. Simmons, mother of the Decedent Maxwell N. Duesterhoeft, 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.
� ,
J li L. Simmons
Date: � lll �y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA, ORPHANS'COURT DIVISION
In Re:
The Disposition of the Remains of : Orphans' Court
Maxwell N. Duesterhoeft: :
Deceased : No.
: Civil Action No.
Julie L. Simmons, Mother of :
Maxwell N. Duesterhoeft, :
Petitioner :
PETITION TO DETERMINE THE
DISPOSITION OF THE REMAINS OF MAXWELL N. DUESTERHOEFT
CERTIFICATE OF SERVICE
I hereby certify that on ��� 1� , 2014, I have caused notice to
be given of the within Petition by Certified Mail, to the individual listed below:
Scott S. Duesterhoeft
329 Lamp Post Lane
Etters, PA 17319
Respecifully submitted,
� a. ��-
Benjamin A. Cero, Esquire
I.D. #19586
Counsel for Petitioner
28 Paddock Lane,
Camp Hill, PA 17011
(717) 737 1870
Date: April 8, 2014