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Home My WebLink About11-01-07 o IN RE: ESTATE OF BRYAN A. KLEEMAN, DECEASED : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOD: September 29, 2005 SSN: 193-64-2941 : BEFORE THE REGISTER OF WILLS : NO: 21-2007-816 BRUCE J. WARSHAWSKY, ESQUIRE, Petitioner AMENDED PETITION FOR GRANT OF LETTERS AND NOW, comes your Petitioner, Bruce J. Warshawsky, Esquire, to petition this Honorable Court to grant letter of administration to your Petitioner and in support thereof avers as follows: .~ '"'\ r-..,,) 1'.'- C.:') --"",,-1 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. --I \..0 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 193-64-2941. 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, Linda K. (Kleeman) Metz ("Ms. Metz") and the Decedent's father, Bryan O. Kleeman ("Mr. Kleeman"), are the sole surviving heirs ofthe Decedent. 11. It is believed, and therefore averred, that Ms. Metz now resides at either: 336 Mine Bank Road, Wellsville, York County, Pennsylvania 17365 or at 97 Buttonwood Drive, Dillsburg, York County, Pennsylvania 17019 based upon information now known to your Petitioner. 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 or Ms. Metz. 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 ofthe Decedent for the reasons which follow: a. Mr. Kleeman and Ms. Metz refuse to Petition this Honorable Court for Letters of Administration in connection with the Decedent's Estate. b. Prior to the filing of the original Petition for Grant of Letters in this matter on September 5,2007, your Petitioner represented 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 ofthe Complaint in the Lawsuit is attached hereto as Exhibit "A". c. The statute of limitations for Walter R. Kortum's claim against the Decedent expired 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 Representativel. 20. Pursuant to the Pennsylvania Estate and Fiduciary Code and case law (See, Estate of Dilbon, _ Pa. Super. _ 690 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 of the Decedent, Petitioner will well and truly administer the Estate according to law. WHEREFORE, the Petitioner, Bruce J. Warshawsky, Esquire, respectfully requests that the Register of Wills (1) issue a Citation upon Linda K. (Kleeman) Metz in the form attached hereto, to show cause when Letters of Administration should not be granted to Bruce J. Warshawsky, Esquire as a fit person under 20 Pa.C.S.A. S3155(b)(5); and (2) after issuance of a Citation upon the known heirs of the Decedent to issue Letters of Administration to Bruce J. Warshawsky, Esquire, with the Letters of Administration Pendente Lite to lapse at that time. On September 17,2007, the Register ofWiIls issued a Decree granting Letters of Administration Pendente Lite to your Petitioner (same Letters of Administration Pendente Lite have been issued on September 20, 2007) and issued a Citation upon Bryan O. Kleeman to show cause why Letters of Administration should not be granted to your Petitioner. Thus the expiration of the Statute of Limitations was successfully, but only temporarily, avoided. Respectfully submitted, Date: November 1, 2007 CUNNINGHAM & CHERNICOFF, P.C. 12 // /,/ By'#" / Bruce J. W shawsky, Esquire LD. # 58799 2320 North Second Street P. O. Box 60457 Harrisburg, PAl 71 06-0457 Telephone: (717) 238-6570 F:\Home\BJW\DOCSIBryan.Kleeman\Estate\SupplementaIPetition4Granl.wpd ( . v. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. '),.OOb.C..V-~'):,~ WALTER R. KORTUM, Plaintiff IK SECOND STREET ASSOCIATES, LLC, CIVIL ACTION - LAW t-. .'q.4 .JT_'nV'1"'MT^T T"It;''a.f^1\Tnk'n ., ;. , \...~-.. .. COMPLADrT - ...J AND NOW comes Plaintiff. Walter R. Kortum. by his attorneys, Freeburn & Hamilton, and files the following Complaint: 1. f"ld.iJ..lLUl'. Walte,l' n. I{ortuft'1. io an o.dult indh>ic1ucU w'ho r.gid'IUl Q.t 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. S. 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 \'iolation of the Pennsylvania Liquor Code, including 47 P.S. 9S4-493( 1) and 4-497. 2 ( 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, willful, wanton, reckless and illegal actions, inactions and disregard by Defendant as follows: a. Negligently and carelessly serving intoxicating beverages in such into;tic~ted;-.. I'. ...... ,.~ ,~... ....... .... .... ......--......... .A_Ioo.. ...- ---.....-.- 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 mown 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; ._ NpsHsP,.,tly J:l,.,ti f"Ar...l"'Q~ll' TJ:lili,.,e; to iTlll;tn)(~t or train its se-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 sezve liquor, malt or brewed beverages to its patrons in excess; 1. Se:rv;ng liquor, malt or brewed beverages and permitting liquor, malt or bre\ved beverages to be sold, fun"lished or given to persons who are visibly intoxicated; J. Violating the terms and conditions of the liquor license issued to Defendant al1djor responsibility for agents, servants and/or employees who violate applicable laws; k. In failing to supervise its agents, servants and/or employees; 3 ;' I 1. In failing to adequately supervise and manage its agents, servants and/ or employees; and m. In failing to monitor the amount of aJcohol 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 inflnnity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future hann 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, hospitaJizations and similar expenses i.n 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 reasol1ably 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 eanled 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 honor. 25. As a result of the aforesaid injuries suffered by Plaintiff, he v,.ill continue to endure great mental an~ish, emotional distress, slJi::l..we:, \'\ouuy i::t.llJ angcl III tlJ.C:: future. 5 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: ~7~- Richard E. Freeburn, Esquire LD. No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Date: 8/,22/06 Counsel for Plaintiff 6 ..... _...._, V-LV VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.8. Section 4904, relating to unsworn falsification to authorities. Dated: "6/3/ZooG7 , , t'd~ ~ ~L~ Walter R. Kortum (- IN RE: ESTATE OF BR Y AN 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: BRUCE J. WARSHAWSKY, ESQUIRE, Petitioner CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant for the law office of Cunningham & Chernicoff, 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 -, "~, ." J J BYI"/ uJ.J1cLI...)eU C/;tOYCtL/U) Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PAl 711 0 (717)238-6570 t Home BJW' DOCS' W alterKortlJ111 ,PetltlOn4Granl. wpd IN RE: ESTATE OF BRYAN A. KLEEMAN, DECEASED : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOD: September 29, 2005 SSN: 193-64-2941 : BEFORE THE REGISTER OF WILLS : NO: 21-2007-816 BRUCE 1. WARSHAWSKY, ESQUIRE, Petitioner CERTIFICATE OF SERVICE I, Ju1ieanne Ametrano, Legal Assistant for the law office of Cunningham & Chemicoff, P.C., do hereby certify that a true and correct copy of the AMENDED 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, PA 17070 Linda K. (Kleeman) Metz 336 Mine Bank Road, Wellsville, York County, Pennsylvania 17365 and 97 Buttonwood Drive, Dillsburg, York County, Pennsylvania 17019 CUNNINGHAM & CHERNICOFF, P.C. Date: November 1,2007 ;1~ \ /} j By. 'J1LutlvlvL} (t1;1'17)~tLfvt Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, P A 17110 (717)238-6570 F: \Hom e\BJW\DOCS\Bryan. KI eeman \Estate\SupplementaIPeti ti on4Grant. wpd ~