HomeMy WebLinkAbout09-05-07
IN RE: ESTATE OF
BRYAN A. KLEEMAN,
DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
DOD: September 29, 2005
SSN: UNKNOWN
: ORPHANS' COURT DIVISION
: BEFORE THE REGISTER OF WILLS
: DOCKET NO:
iJ..1 ~ 01 -- oq 1(;
BRUCE J. W ARSHA WSKY, ESQUIRE,
, '""
c~:5
r"-,)
c;:::t
=
-'
(/)
Pl
"
I
(J":
-0 i.~
::!r. 1
W :-1
PETITION FOR GRANT OF LETTERS
o
c=:; 0
._j:O
:::go
:;;;;--
c'-,~r>
: .;?-'
,..1", ,../,
Petitioner
--".
AND NOW, comes your Petitioner, Bruce 1. Warshawsky, Esquire, to pe~,!~ this
en
Honorable Court to grant letter of administration to your Petitioner and in support thereof avers
as follows:
1. The Decedent is Bryan A. Kleeman ("Decedent").
2. The Decedent was born on September 16, 1982.
3. The Decedent died September 29,2005 at the age of23.
4. At the time of his death, Decedent had his last family or principal residence at 413
Fourth Street, New Cumberland, Cumberland County, Pennsylvania 17070.
5. The Decedent's social security number is unknown to your Petitioner.
6. The Decedent died at Harrisburg, Dauphin County, Pennsylvania.
7. It is believed, and therefore averred, that the Decedent died intestate without a
Will.
8. It is believed, and therefore averred, that the Decedent was unmarried at the time
of his death.
~
9. It is believed, and therefore averred, that the Decedent fathered no children prior
to his death nor adopted any child prior to this death.
10. It is believed, and therefore averred, that the Decedent's Mother predeceased the
Decedent.
11. It is believed, and therefore averred, that the Decedent's father, Bryan O. Kleeman
("Mr. Kleeman"), is the sole surviving heir of the Decedent.
12. The Decedent and Mr. Kleeman lived together at the time of the Decedent's death.
13. Decedent was domiciled in Cumberland County, Pennsylvania at the time of his
death.
14. It is believed, and therefore averred, that the Decedent owned no real estate in
Pennsylvania at the time of his death as the Decedent's residence was owned by
Mr. Kleeman.
15. The amount of the Decedent's personal property owned at the time of his death is
unknown by your Petitioner, however, it is believed, and therefore averred, that,
due to the Decedent's age and status at the time of his death, the amount of such
personal property was less than $25,000.00.
16. Your Petitioner is Bruce 1. Warshawsky, Esquire, an attorney in good standing in
the Commonwealth of Pennsylvania who resides at 4426 Saybrook Lane,
Harrisburg, Dauphin County, Pennsylvania 17110.
17 . Your Petitioner is unaware of any other individuals entitled under the Intestate
Law to serve as the Administrator of the Estate, other than Mr. Kleeman.
18. Your Petitioner is unaware that the Decedent had any principal creditors at the
time of his death, although none have been identified.
19. Your Petitioner is a fit person, as such term is defined in 20 Pa.C.S.A.
~3155(b)(5) to serve as the Administrator of the Estate of the Decedent for the
reasons which follow:
a. Mr. Kleeman refuses to Petition this Honorable Court for Letters of
Administration in connection with the Decedent's Estate.
b. Your Petitioner represents Walter R. Kortum, who was injured in an
accident ("Accident") which occurred on September 29, 2005. The salient
facts of the Accident are set forth in a lawsuit which has been commenced
by Walter R. Kortum against IK Second Associates, LLC in connection
with the Accident docketed to 2006-CV-3732, Dauphin County,
Pennsylvania ("Lawsuit"). A true and correct copy of the Complaint in the
Lawsuit is attached hereto as Exhibit "A".
c. The statute of limitations for Walter R. Kortum's claim against the
Decedent will expire on September 28, 2007.
d. If Letters of Administration for the Estate of the Decedent are not granted,
Walter Kortum will be unable to prosecute his claim against the
Decedent's Estate, because no Administrator will be appointed and a
lawsuit may not commence against the Decedent, individually, or against
his Estate, without an Administrator serving as Personal Representative.
20. Pursuant to the Pennsylvania Estate and Fiduciary Code and case law ( See, Estate
ofDilbon, _ Pa. Super. _ 6190 A.2d. 1216 (1997)), this Honorable Court has
the authority to grant Letters of Administration to your Petitioner. The Petitioner
is prepared to post a bond in the amount to be determined by the Register in
connection with the requested Grant for Letters of Administration in the above-
referenced matter.
21. Your Petitioner swears and affirms the statement made in the foregoing Petition
are true and correct to the best of the Petitioner's knowledge and belief and that
Petitioner, as Personal Representative ofthe Decedent, Petitioner will well and
truly administer the Estate according to law.
WHEREFORE, the Petitioner, Bruce 1. Warshawsky, Esquire, respectfully requests that
the Register of Wills (1) grant your Petitioner Letters of Administrationpendente lite in the form
of the Decree attached hereto in the Estate of Bryan A. Kleeman; (2) issue a Citation upon Bryan
O. Kleeman, in the form attached hereto, to show cause when Letters of Administration should
not be granted to Bruce 1. Warshawsky, Esquire as a fit person under 20 Pa.C.S.A. g3155(b)(5);
and (3) after issuance of a Citation upon the known heirs ofthe Decedent to issue Letters of
Administration to Bruce J. Warshawsky, Esquire, with the Letters Pendente Lite to lapse at that
time.
Respectfully submitted,
Date: September 5, 2007
By:
../
ruce J. Warshawsky,
J.D. # 58799
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
F:\HomeIBJW\DOCS\ WalterKortumlPetition4Grant. wpd
..." --_, VLV
/;,..",,-
, ',J/.',~,"
\ (,,'''' fU J'''' ~..) .,....
-'''.-' i I.,......
, .. . "
" . J (_I i ,;
---- /J,........../ ~ i .;,:>~
1./
WALTER R. KORTUM,
Plaintiff
IN THE COURT OF COMMON PLEAS'
DAUPHIN COUNTY, PENNSYLVANIA
v.
NO, Q. 00 b - c-'V - ~ ") 2:J ;..
IK SECOND STREET
ASSOCIATES, LLC,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
'--R
-
...J
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this
Complaint and Notice are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims
set forth against you. You are warned that if you fail to do so the case may proceed
wiU1UUt yuu C:UHl i:l.jull~Ult:ut .1.lld.Y Ut: t:utt:lt:ll i:I.~i:u..u:sL yuu uy Ult: CUUl't without fUl,tht:l
notice :for c::u::lY :money clab::nod in tho Co:rnpla.in.1: or :for <U1.)' uthur ul....uu ur ruliul'
requested by the Plaintiff. You may lose money or property or other rights important
to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO I"RO'VIDO YOU ....VITII INPOrU-..fATION .....nOUT ~"OONOIEO TIIAT M....V OPPEn LEa.'\!,
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
~C,U..IJ.l1.LU.&. 0...,&.4.1..&."'_" Liuvv_v,"".1 ~~.n....J..&.c..t.1 O\"... "J,\".o....,
213 North f<'ront Street
Hams Ourg, 1-' J\ 1'1 1 U4
717-232-7536
U.c2~~
Rid1Arn R. Frp.p.hllm. E!=:ouire
FREEBURN 0<, HAMILTON
Date: 8/22/06
~....~r...J.!.,","rs r~-r--~.~-~......_,J
(717) 671-1955
I.D. #30965
Attorney for Plaintiff
"C:.I--...., v.....v
WALTER R. KORTUM,
Plain tiff
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
v.
NO. ~ 00 b . c..V - ~ "') b ?..
.- ~
r::--::.
.u'" 0C,......Vi'lLl 011'U.:.<.L:'d
A:::i:::iUCLATl:!.;:::i, LLC,
"""'~ y ..U.,J .I....~....-.J:\JJ... %M-...-n-
Det'endant
JURY TRh\L'DE:hIANDI3B
.l'U 11\,;.1:'..
....r')
.,
....l
USTED HA sma DEMANDADO I A EN CORTE. Si usted quiere defenderse de
estas demandas expllP.RtRR en laR paginaR Riguientes, usted tiene viente (20) dias de
plazu a1 1-'artll de la feeha de la dema11.da y la l'lotification. Ustcd debe preaentnr un.
RpRrienr.;R P.RritR 0 en persona 0 :Dor aboe-ado y archivar en la corte en forma escrita
t:lut:; d~t~nt:;at:; u t:;ut:; vLjtl\.:iu.ut::lIl .... 1....... oleuJ.Cll.u.ol....l:> eu \':' 'J.I'J.~ .-1",. ,." p~~"'<:>J::l."'----.Or~_,",,~
que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra
usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la
peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos
importantes para usted.
US:TIU\ n2R~ J.J..~TAR 'R'.ATAT~ nnr.TTM''F.N1'O A ~TJ AROGADO
IMM:EDJAT~NTE. Sl UST~D NO 'flENE UN A~UUAl)U, LLAMl:!,; U VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A r.RRr.A
non <'"'\0"""...... ro.......?~"'on......T 7TT": t11'~ ATl<.ClAno.
SI USTED NO PUEDE PAGAR POR LOS SERVICIO~ U.I:!; UN AKUuAUU, l:!.;::S
PO SIBLE QUE ESTA OFICINA LE PUEDA PRO VEER INFORMACION SOBRE
AU~.Nt.;V\~ <.c!UJ:!; V.F~:.!.~Al'l S~I<Vl<'::lOS J...t!;UAL.l:!.;lS:; SIN CAR-G';:) C. BAJa caSTo;:) A
PERSONAS QUE CUALIFICAN. .
Date: 8/22/06
Dauphin Counly Lawyer R~f~rral Selvice
213 North Front Street
Harrisburg, P A 17104
717-232-7536
\:j2 dL
Richard E. Freeburn, Esquire
FREEBURN & HAMILTON
4415 North Front Street
Harrisburg PA 17110
(717) 671-1955
LD. #30965
Attorney for Plaintiff
WALTER R. KORTUM,
Plain tiff
v.
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
')...OOb. C...V - ~I'):, ~
NO.
IK SECOND STREET
ASSOCIATES, LLC,
CIVIL ACTION - LAW
.-.:-,
,
..-.. r... .,. _ _..
JLTr>V TnT ^ T 1""\'C'1I1f ^ l\TT"\k'T"\
f'. :.
COMPLAINT
..._o!<~'"
..
....J
AND NOW comes Plaintiff, Walter R. Kortum, by his attorneys, Freeburn &
Hamilton, and files the following Complaint:
1. Pli::liuLi1T, WCl.lt.;.~- R. !{ortU1'n, io CU'1 adult indi....iducu who r.~id.Q l:lt 704
Brigman Coulee Road, Belt Montana 59412.
2. Defendant, IK Second Street Associates, LLC, is a limited liability
corporation doing business as the Hardware Bar at 236 North Second Street,
Harrisburg, Dauphin County, Pennsylvania.
3. On September 29, 2005, and September 30, 2005, Defendant was
engaged in the business of serving alcoholic beverages at the Hardware Bar to
members of the public pursuant to a retail liquor license issued by the Pennsylvania
Liquor Control Board for the sale of liquor and malt or brewed beverages to patrons at
its premises.
4. At all times relevant hereto, it was Defendant's policy to get its patrons
"hammered" or "nailed" by continuing to sell, furnish or give them liquor and malt or
brewed beverages after they were obviously and visibly intoxicated.
5. On September 29, 2005, and September 30, 2005, Bryan A. Kleeman,
was a patron at the Hardware Bar.
6. On September 29, 2005, and/or September 30, 2005, Defendant, its
employees, servants and agents, sold, furnished or gave liquor or malt or brewed
beverages or permitted liquor or malt or brewed beverages to be sold, furnished or
given to Bryan A. Kleeman at a time when he was visibly and obviously intoxicated.
7. On September 30, 2005, at or about 3:18 a.m., Bryan A. Kleeman was
operating an automobile in the wrong direction on State Route 83 North in the city of
Harrisburg, Dauphin County, Pennsylvania, near the second street exit.
8. On September 30, 2005, at or about 3: 18 a.m., Plaintiff, Walter R.
Kortum, was operating an automobile in the proper, lawful direction on State Route 83
North, near the second Street exit.
9. At or about said time and place, Plaintiff, Walter Kortum, was driving
behind a truck on State Route 83 North which blocked his view of conditions directly
in front of the truck.
10. At or about said time and place, the truck traveling ahead of Plaintiff,
Walter R. Kortum, on State Route 83 North suddenly swerved to the right, revealing
the headlights of the oncoming automobile operated by Bryan A. Kleeman.
11. At or about said time and place, the front of the automobile operated by
Bryan A. Kleeman violently collided with the front of the automobile operated by
Plaintiff, Walter R. Kortum.
12. Defendant's conduct, as set forth above, was in violation of the
Pennsylvania Liquor Code, including 47 P.S. 994-493(1) and 4-497.
2
~ ---. .....a.v
13. The foregoing accident and all of the injuries and damages set forth
hereinafter suffered by Plaintiff are the direct and proximate result of the negligent,
careless, \villful, wanton, reckless and illegal actions, inactions and disregard by
Defendant as follows:
a. Negligently and carelessly serving intoxicating beverages in such
iiitoXi~~i:ed;'" ........ ,'. ............ .... ... ....-..- .~... ~~ _______
b. Negligently and carelessly continuing to serve intoxicating
beverages to Bryan A. Kleeman at a time when the agents,
servants, representatives and/or employees of Defendant knew or
should have lmown that Bryan A. Kleeman was intoxicated;
c. Negligently and carelessly continuing to serve intoxicating
beverages to Bryan A. Kleeman when he was visibly intoxicated;
d. Employing incompetently trained bartenders, waiters/waitresses
and/or other employee, agents, representatives and/or servants;
.. 1\1pgl;gP1'ltly Ann (,ATP1PQ~ly fA;t;ng to in~tn)('~t or train itR ae-ents.
servants, representatives and/or employees regarding the
amounts of intoxicating beverages to be served to patrons;
f. Negligently and carelessly failing to instruct or train its agents,
servants, representatives and/or employees to recognize the sign
of visible intoxication;
g. Having policies which promote and encourage drinking to excess;
h. Having policies to sen'e liquor, malt or brewed beverages to its
patrons in excess;
1. Senring liquor, malt or brewed beverages and permitting liquor,
malt or brewed beverages to be sold, fumished or given to
persons who are visibly intoxicated;
J. Violating the terms and conditions of the liquor license issued to
Defendant a.nd/or responsibility for agents, sen'ants and/or
employees who violate applicable laws;
k. In failing to supervise its agents, sen'ants and/or employees;
3
1. In failing to adequately supervise and manage its agents, servants
and/ or employees; and
m. In failing to monitor the amount of alcohol served, sold, fun1.ished
or given to its patrons.
14. As a result of Defendant's negligence, carelessness recklessness,
wantonness, willfulness, actions, inactions and disregard for the safety of others,
Plaintiff suffered painful and severe injuries to his nerves, bones and soft tissues,
which include, but are not limited to, Grade 4 splenic laceration, right lower lobe
contusion, left pneumothorax, bilateral rib fractures, left radial head fracture, bilateral
maxillary sinus fractures, nasal bone and septal bone fracture, right orbital wall
fracture, right zygomatic fracture, mandible fracture, bilateral calcaneal fractures,
right acetabular fracture, left renal contusion, left temporal/parietal contusion.
15. By reason of the aforesaid injuries suffered by Plaintiff, he has suffered a
heightened possibility that he will suffer other or additional injury in the future, and
claim is made therefore.
16. The aforesaid injuries suffered by Plaintiff may have aggravated or been
aggravated by an existing infirmity, condition or disease, resulting in a prolongation or
worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is
made therefore.
17. By reason of the aforesaid injuries suffered by Plaintiff, he was forced to
incur liability for reasonable and necessary medical tests, medical examinations,
medical treatment, medications, hospitalizations and similar expenses in an effort to
diagnose his injuries and to restore himself to health, and claim is made therefore.
4
18. Plaintiff has not fully recovered from his injuries and it is reasonably
likely that he 'will incur similar expenses in the future, and claim is made therefore.
19. By reason of the aforesaid injuries suffered by Plaintiff, he has suffered a
loss of earnings and earning capacity and is entitled to recover the value of the time,
earnings and employment benefits he has lost and which he might reasonably have
earned in the pursuit of his ordinary calling, and claim is made therefore.
20. By reason of the aforesaid injuries suffered by Plaintiff, he has suffered a
loss or impairment of future earning capacity, and claim is made therefore.
21. By reason of the aforesaid injuries suffered by Plaintiff, he has incurred
incidental costs and expenses, the exact amount of which cannot be ascertained at
this time, and claim is made therefore.
22. As a result of the aforesaid injuries suffered by Plaintiff, he has
undergone and in the future will undergo great physical and mental pain and
suffering, great inconvenience in carrying out his daily activities, loss of life's
pleasures and enjoyment, and claim is made therefore.
23. As a result of the aforesaid injuries suffered by Plaintiff, he has been
subjected to humiliation, embarrassment, shame, worry and anger.
24. As a result of the aforesaid injuries suffered by Plaintiff, he has been
subjected to severe mental anguish, emotional distress, nervous shock, fright and
horror.
25. As a result of the aforesaid injuries suffered by Plaintiff, he will continue
to endure great mental anguish, emotional distress, ::ibwl!t::, WUllY aud anger ill the
future.
5
"C:.I............, V.LV
26. By reason of the aforesaid injuries suffered by Plaintiff, he has been
deprived his enjoyment of the pleasures of life.
27. Plaintiff continues to be plagued by persistent pain and limitation and,
therefore, avers that his injuries may be of a permanent nature, causing residual
problems for the remainder of his lifetime, and claim is made therefore.
28. As a result of the aforesaid injuries suffered by Plaintiff, he has suffered
a disfigurement, and claim is made therefore.
WHEREFORE, Plaintiff, Walter R. Kortum, demands judgment in his favor and
against Defendant, IK Second Street Associates, LLC, in an amount in excess of
THIRTY-FIVE THOUSAND & 00/100 ($35,000.00) DOLLARS, exclusive of interest and
costs and in excess of any jurisdictional.amount requiring compulsory arbitration.
Respectfully Submitted,
FREEBURN & HAMILTON
By:
~czP-
Richard E. Freeburn, Esquire
J.D. No. 30965
4415 North Front Street
Harrisburg PA 17110
(717) 671-1955
Date: 8/22/06
Counsel for Plaintiff
6
'e:I "....VI V..LV
VERIFICATION
I hereby verify that the statements in the foregoing document are
true and con-ect. I understand that false statements herein are made
falsification to authorities.
subject to the penalties of 18 Pa.C.S. Section 4904, rela.ting to UnSWOlTI
Dated:
=6/3/200lv
, .
~~ /? ~y~~
Walter R. Kortum
IN RE: ESTATE OF
BRYAN A. KLEEMAN,
DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
DOD: September 29, 2005
SSN: UNKNOWN
: ORPHANS' COURT DIVISION
: BEFORE THE REGISTER OF WILLS
: DOCKET NO:
BRUCE 1. WARSHAWSKY, ESQUIRE,
Petitioner
CERTIFICATE OF SERVICE
I, Julieanne Ametrano, Legal Assistant for the law office of Cunningham & Chemicoff,
P.C., do hereby certify that a true and correct copy of the PETITION FOR GRANT OF
LETTERS in the above-captioned matter was sent first class U.S. Mail, First Class Mail,
postage prepaid on this date, to the following:
Mr. Bryan O. Kleeman
413 Fourth Street
New Cumberland, P A 17070
CUNNINGHAM & CHERNICOFF, P.C.
Date: September 5, 2007
By
iLCwiuJ i~~
Julieanne Ametrano
2320 North Second Street
P.O. Box 60457
Harrisburg, P A 1711 0
(717)238-6570
F:\HomeIBJW\DOCS\ WalterKortumIPetition4Granl. wpd