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Home My WebLink About09-29-06 INRE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF WILLIE C. BENNER LATE OF MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, P A : ORPHANS COURT DIVISION NO. 21-05-0789 r--.> (") g :0 ~~ ~ FgfIj ~ lJ ", C;-) 0 :.DjE'P -0 ~-:3 ~ ~~93 ~ ~l~ ej CJC)~ CJO (JO-n ):loa -:,-'-1, QC ::x: -,;: ::!J ;:.D _ :::"~,~ CJ ::u-l .. t= m )> ...., <j) C) J '" -;-1 AND NOW, Bryan Thomas, a creditor of the Estate of Willie C. Benner, deceased, o"bjects OBJECTIONS TO FIRST AND FINAL ACCOUNT OF JOSHUA C. BENNER, ADMINISTRATOR OF THE ESTATE OF WILLIE C. BENNER. DECEASED to the Account filed by Joshua C. Benner, Administrator for the Estate of Willie C. Benner, deceased, filed with the Clerk of the Orphans Court Division ofCumberIand County, Pennsylvania, on or about September 8, 2006, for the following reasons: I. The Administrator failed to account for the one-half interest of Bryan Thomas in the 1968 Rally Sport Chevrolet Camaro Tube Chassis Drag Car of which Mr. Thomas and the Decedent were co-owners. 2. In support of Bryan Thomas's claim of co-ownership of said vehicle, he states as follows: A. Thomas and the Decedent began building together the subject drag car with a shell of a Camaro body in 1994. B. Thomas and the Decedent each expended significant sums of money toward the construction of the drag car, which was completed in early 2001. C. Thomas and the Decedent entered the drag car in shows and races in 200 I, 2002, and 2003 under the name "Benner and Thomas Racing". D. Despite discussions between the parties to do so, at no time prior to his death did Decedent compensate Thomas for his one-half interest in said drag car. E. Unbeknownst to Thomas, Decedent fraudulently obtained a Pennsylvania title for the drag car in April 2004, based upon a bill of sale from the State of Michigan dated 1998, four years after the acquisition of the original Camaro body that began the drag car construction process. 3. Thomas believes, and therefore avers, that the value of the subject drag car at the time of Decedent's passing was in excess of $30,000.00. 4. Thomas, by letter from his counsel to the Administrator's counsel dated October 19, 2005, advised the Administrator of his estimate as to the value. A copy of said letter is attached as Exhibit "A". 5. Thomas, by the same letter from his counsel to the Administrator's counsel dated October 19,2005, offered either to sell his one-half interest to the Estate for the sum of$15,000.00 or, at the Estate's option, acquire the Estate's one-half interest for the sum of $15,000.00. 6. Upon receiving no response whatsoever, including unanswered telephone calls, Thomas filed his claim with the Register of Wills/Clerk of Orphans Court on November 9, 2005, a copy of which is attached as Exhibit "B". 7. The Accounting filed of record indicates that the subject vehicle was sold for the sum of $10,000.00, significantly less than the actual value of the vehicle at the time of Decedent's passing and less than the Objectant's offer to pay the estate for his one-half interest. 8. Based upon the review of the Accounting and the anticipated time and effort involved, it is the position of the Bryan Thomas, the Objectant, that the Administrator's commission and attorneys fees claimed as set forth on the Accounting are excessive in light of the limited assets available to the Estate. 9. Bryan Thomas, the Objectant herein, requests this Court: A. Award to Bryan Thomas the sum of $15,000.00 from the gross proceeds of the Estate for his share in the one-half ownership of the 1968 Rally Sport Chevrolet Camaro Tube Chassis Drag Car; B. In the alternative, award to Bryan Thomas the full amount received by the Estate ($10,000.00) for the sale of the 1968 Rally Sport Chevrolet Camaro Tube Chassis Drag Car, together with a proportionate share of the remaining funds to be distributed to the creditors of the Estate, up to a total sum of $15,000.00. Respectfully submitted, 2<'0 S~ ~ Date Q~, ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Bryan Thomas ROBERT P. KLINE, ESQ.. October 19,2005 George Porter, Esquire 909 E. Chocolate Avenue Hershey, P A 17033 Re: Estate of Willie C. Benner Dear Mr. Porter: I represent Bryan Thomas. Mr. Thomas and the late Mr. Benner were co-owners of a 1968 Rally Sport Chevrolet Camaro Tube Chassis drag car, which they constructed together and took to various shows over a period of a number of years. Prior to Mr. Benner's passing, my client and Mr. Benner had discussed the possibility of Mr. Benner buying out my client's interest and the figure of$15,000.00 was discussed between the two of them. My client believes the vehicle is worth in excess of $30,000.00, but is willing to accept the sum of$15,000.00 to sell his one-half interest to the estate for that same amount. Further, should your client so desire, my client would be interested in purchasing the estate's one-half interest for that same figure he discussed with the late Mr. Benner, assuming the vehicle has been kept in good condition since my client last saw the vehicle prior to Mr. Benner's death. I look forward to hearing from you on this matter. My client requests the courtesy of a response to this letter within fourteen days. Very truly yours, Robert P. Kline, Esquire RPK/srf cc: Bryan Thomas -,!_, f-~l-;..,.:~..:',,~ ~;;) '~"i F;; ,\ _l:': ,'l"I;)I:rf:,!nr,i ;:.:--\ ~:'; " . Exhibit "A" -; ..,; -~ .:.:;; ,P ROBERT P. KLlm:, ESQ.' November 9, 2005 Glenda Farner Strasbaugh Register of Wills/Clerk of Orphans Court Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Re: Estate of Willie C. Benner Date of Death: August 23, 2005 File No.: 21-2005-007~ Dear Glenda: This letter will serve as the claim of my client, Bryan Thomas, against the Estate of Willie C. Benner, in the amount of $15,000.00, representing one-half of the value ofa 1968 Rally Sport Chevrolet Camaro II Chassis Drag Car jointly owned by my client and the late Mr. Benner, which was in the possession of Mr. Benner at the time of his death. Kindly file this Notice of Claim in the above-referenced estate file. A check payable to you in the amount of$IO.OO is enclosed with this letter. Please return the enclosed copy of this letter, time-stamped, to my office in the enclosed postage paid envelope, together with a receipt for the filing fee, to confirm the filing of this claim. Very truly yours, Robert P. Kline, Esquire RPK/srf Enclosures cc: Joshua C. Benner George Porter, Esquire Bryan Thomas -:'14 8rid~e Slj"e~t P.O. So, -li-.1 \..kw CUlnherli.illd. pl\ 17n7:) '/17 i 77n-~.)Jf) Exhibit "B" 717 i :~_;.~~}J.(J ~.:::: 717) :7i)_2::'~.:; VERIFICATION I verify that the statements made in the foregoing Objections to First and Final Account of Joshua C. Benner, Administrator of the Estate of Willie C. Benner, Deceased, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. <\,~5-CX; Date ~\~~~ BRY THOMAS CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Objections, by depositing same in the United States Mail, first class, postage pre-paid on the ~ay of September, 2006, from New Cumberland, Pennsylvania, addressed as follows: Joshua C. Benner, Administrator c/o George W. Porter, Esquire 909 E. Chocolate Avenue Hershey, P A 17033 Sears (Citibank USANA) c/o Bologh Becker Limited 4150 Olson Memorial Highway #200 Minneapolis, MN 55422 Nicholas Ortega 1316 Shuman Drive Mechanicsburg, P A 17055 Gordons' Jewelers (Citicorp Credit Services) c/o Bologh Becker Limited 4150 Olson Memorial Highway #200 Minneapolis, MN 55422 Capital One Estate Information Services, Inc. 5330 E. Main Street, Suite 200 Columbus,OH 43213 HSBC Bank (Omnium Worldwide, Inc.) 7171 Mercy Road, Suite 400 P.O. Box 6618 Omaha, NE 68106 Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, P A 17055 PPL Electric Utilities 2 N. 19th Street Allentown, P A 18101 Verizon Wireless 26935 Northwestern Highway, Suite 100-CFS Southfield, MI 48034 Comcast Cable P.O. Box 3005 Southeastern, PA 19398-3005 Statewide Recovery, Inc. P.O. Box 752 Sunbury, PA 17801 Citibank USANA c/o Bologh Becker Limited 4150 Olson Memorial Highway #200 Minneapolis, MN 55422 ~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Bryan Thomas --