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Home My WebLink About06-29-11r r,. - . _ - ... ~ , ~ 3 ~ ~;~. _ ~~ IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS ARTHUR A. ZIMMF f I~ ~ 9 Alf f'~ ~ ~ .,CUMBERLAND COUNTY, PENNSYLVANIA Cf_ERK Of=: ~RPHh~'S COURT ORPHANS' COURT DIVISION CIJP~~RER~. ~~~f ~ ~,~? , PA NO. ~ ~ -- ~ ~ --1 ~~ EMERGENCY PETITION TO RAISE AN ESTATE AND APPOINT A PERSONAL REPRESENTATIVE AND NOW, comes PETITIONERS, Donna and Richard Evans, by and tJhrough their attorneys, Metzger, Wickersham, Knauss & Erb, P.C., and petitions Your Honoralblf; Court to compel the opening of an Estate and the appointment of a personal representative for the Estate of ARTHUR A. ZIMMERMAN for the following reasons: 1. Petitioners, Donna Evans and Richard Evans, are adult individuals who currently reside at 15 Violet Drive, Etters, Pennsylvania 17319. 2. On July 6, 2009, Petitioner, Donna Evans, was a passenger in a van that was being operated by Decedent, Arthur A. Zimmerman. 3. The Decedent, Arthur Zimmerman was operating a passenger van. owned by Autohaus Acquisition, Inc. and was traveling west and exiting a business on High Pointe Commons Boulevard, Harrisburg, Dauphin County, Pennsylvania. As Decedent:, Arthur Zimmerman approached the intersection at High Point Commons Boulevard he was required to stop at a red traffic stop sign controlling the intersection. 4. At the same time, another vehicle being driven by Philibert Ouellet was travelling southbound on High Point Commons Boulevard and was also subject to a red traffic stop sign that controlled the intersection. 5. The Decedent, Mr. Zimmerman and Mr. Ouellet failed to properly heed to the right a way at the intersection that was controlled by a three way stop sign resulting in a collision 472040-1 r • where Mr. Ouellet's vehicle struck the passenger side of the van that Decedent, Mr. ;~i~nmerman was operating and Petitioner, Donna Evans was a passenger in. 6. The resulting collision caused damage to the passenger side of t:he van and personal injuries to the Petitioner, Donna Evans. 7. Petitioner, Donna Evans, sustained serious personal injuries in the a~cc;ident and has gone through extensive treatment for such injuries. As a result of injuries sustaired by his wife, Petitioner, Richard Evans, also suffered a loss of consortium. 8. As a result of injuries sustained in the accident, Petitioners have a cause; of action against Mr. Ouellet, Autohaus Acquisition, Inc. and the Estate of Arthur Zimmerman. 9. As Petitioner was preparing to file a Writ of Summons naming; the above referenced Defendants in the Dauphin County Court of Common Pleas, Petitioners learned that the Decedent, Arthur Zimmerman, unfortunately passed away on or about Friday, Jurie 24, 2011. 10. At the time of his death, it is believed that Decedent, Arthur Zimmerman, resided with his wife, Margaret A. Zimmerman, at 1408 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 1 1. Petitioners, through their counsel, checked with Offices for the Regi;~te;r of Wills for Cumberland and Dauphin Counties, Pennsylvania, and no Will has been filedl rior has an Estate been opened on behalf of Decedent, Arthur Zimmerman, to date. 12. Petitioners, through their counsel, are requesting Zachary D. Campbell, Esquire and Metzger, Wickersham, Knauss, & Erb, P.C. be appointed as Personal Representative for the Estate of Arthur Zimmerman. 13. Given the fact that Petitioner was involved in an accident resulting in injuries on July 6, 2009, Petitioners are required to file a Writ of Summons in the Dauphin County Court of 472040-1 Common Pleas naming Philibert Ouellet, Autohaus Acquisition, Inc. and The Estate of Arthur Zimmerman as Defendants prior to July 6, 2011. 14. 20 Pa.C.S.A. §3155(b)(5) allows the Plaintiffs in an action for damages to apply for Letters of Administration and to open the Estate on a deceased Defendant, if no F?state exists, though the Estate should designate as the personal representative the deceased's farriil:y member or spouse, 20 Pa.C.S.A. §3155(b)(5) allows the Register of Wills in his or her discretic-n to issue Letters of Administration to any "fit person." 15. In a similar situation, the Pennsylvania Superior Court upheld the appointment by the Orphan's Court through the Register of Wills of the Plaintiff's attorney in a personal injury action. See In Re: Estate of Dilbon, 690 A.2d 1216, 456 Pa.Super. 490, (Pa.Super.199i'). 16. In Re: Estate of Dilbon, the Court determined that the fact that the statute of limitations period on [plaintiff's] personal injury action was about to expire constituted good cause to diverge from the order of preference (as set forth in 20 Pa.C.S.A. §3155(b)) and appoint the plaintiff's attorney as the personal representative of the defendant's estate. See In Re: Estate of Dilbon, 690 A.2d 1216, 1219 456 Pa.Super. 490, 497 (Pa.Super.l997). 17. Petitioners request the Court to appoint Zachary D. Campbell, .Esquire and Metzger, Wickersham, Knauss, & Erb, P.C. as personal representative to serve for the purposes of opening an Estate so Petitioners can proceed forward with suit. 18. Undersigned Counsel has no objection to and will immediately renounce the appointment as personal representative if Decedent's spouse, Margaret A. Zimme~m.an, would like to be appointed as personal representative at a later date. 472040-1 19. In the alternative, Undersigned counsel has no objection to the appointment of Margaret A. Zimmerman as personal representative at this time if the Register of ~JViills deems necessary at her discretion. 20. Counsel has submitted alternate, proposed Orders for review and consideration. 21. Time is of the extreme essence given the approaching statute of lirnit:ations for Petitioner's claim and undersigned counsel is requesting emer eg ncy review and consideration of this Petition. 22. Name and residence of persons to whom. letters are requested to be granted are Zachary D. Campbell, Esquire, Metzger, Wickersham, Knauss, Erb, P.C., 3211 North Front Street, Harrisburg, Pennsylvania 17110 or in the alternative, Margaret A. Zimmerman, at 1408 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 23. Petitioner has provided a copy of this instant Emergency Petition to Decedent's spouse, Margaret A. Zimmerman at the above listed address. WHEREFORE, Petitioners, Donna Evans and Richard Evans requests Your Honorable Court to compel the opening of an Estate and the appointment of a personal representative for the Estate of Arthur Zimmerman. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. f By _ ~` Zac D. Campbell, Esquire e Court ID #93177 Metzger Wickersham Knauss & Erb. P.C. 3211 North Front Street Harrisburg, PA 17110 (717) 238-8187 Attorneys for Petitioners 472040-1 VERIFICATION The undersigned hereby certifies that he is the attorney for the Petitioners and that the facts in the foregoing Emergency Petition to Raise an Estate and Appoint a Personal Representative are true and correct to the best of his knowledge, information, and belief, and that said matters relating to the Petitioners, are as known to the undersigned as to the client, Petitioners, Donna. Adams and Richard Adams, said knowledge being based upon information contained in the attorne,y's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. /. ha ampbell, Esquire Dated: ~'~-J~ 2~C , 201 l 472040-1 CERTIFICATE OF SERVICE I, Zachary D. Campbell, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the fore oing document with reference to /~p ~ the fore oin action b certified mail, postage prepaid, this ~`-t day o~~~ ___, 2011, on g g Y the following: Margaret A. Zimmerman 1408 Carlisle Road Camp Hill, PA 17011 r~~ Zachar .Campbell, Esquire 472040-1