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Donald L. Kornfield, Esq. '~-~4"~
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Attorney for Plaintiff _~~' ~ ~- _ _
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Kornfield and Benchoff , LLP i~ -'' ~ ~ `'
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17 North Church Street ~`y `' ~
Waynesboro, PA 17268 r.
(717) 762-8222
FAX 762-6544
don@kornfield.net
Atty. I.D. #19242
VICKIE F. WALLICK, as Agent IN THE COURT OF COMMON PLEAS OF
For DORIS R. WIDRA Under :THE 9TH JUDICIAL DISTRICT, PA.
Power of Attorney dated
September 28, 2009, :CUMBERLAND COUNTY
Plaintiff .
~ :ORPHANS' COURT DIVISION
EDWIN J. FEUCHTENBERGER,
. No. .~ ~ - ~i - a~u~
Defendant :Judge:
PETITION FOR DETERMINATION OF
PROPER AGENT UNDER POWER OF ATTORNEY
NOW COMES Vickie F. Wallick, as Agent For Doris R. Widra Under Power of
Attorney dated September 28, 2009, and sets forth this Petition for Determination of
Proper Agent Under Power of Attorney, as follows:
1. Plaintiff is Vickie F. Wallick, a sui juris adult of 109 Beetam Hollow Road,
Newville, PA 17241, duly appointed as Agent under a General Power of Attorney of
Doris R. Widra, Principal, dated September 28, 2009 ("the POA"), a copy of which POA
is attached hereto as Exhibit P-1, and incorporated herein by reference.
2. Defendant is Edwin J. Feuchtenberger, asui juris adult of 129 Beetam Hollow
Road, Newville, PA 17241, appointed successor Agent under the POA in the event
certain conditions are met; i.e., "if Vickie F. Wallick, for any reason fails or ceases to act,
(determined in the opinion of the successor named as Agent)".
3. Plaintiff and Defendant are the children of Doris R. Widra.
4. On March 15, 2011 Defendant sent Plaintiff a letter acknowledging that Plaintiff
did, in fact, act, but disagreeing with Plaintiff's decision to terminate the visiting
privileges of Joseph Widra with Doris R. Widra, his wife, at Green Ridge Village where
she resides, and taking the position that the POA allows Defendant to determine not
whether Plaintiff is acting, but whether in his opinion Plaintiff is acting in the best
interests of Doris R. Widra. A copy of the said letter is attached hereto as Exhibit P-2,
and incorporated herein by reference.
5. Plaintiff has not failed to act on behalf of Doris R. Widra; rather, she acted to
terminate Joseph Widra's visiting privileges because she reasonably believed he was
abusive toward Mrs. Widra, and was causing Mrs. Widra emotional distress and the
necessity of increased medication, and it is believed and therefore averred that Plaintiff
continues to act in the best interests of her mother to prevent continued abuse to her from
Joseph Widra.
6. The POA does not give Defendant the ability to determine whether or not Plaintiff
is acting in the best interests of Mrs. Widra; rather, the POA only gives Defendant the
ability to determine whether Plaintiff has failed or ceased to act.
7. On March 15, 2011 Defendant also sent a letter to Walter Kingera, Executive
Director, Green Ridge Village, requesting that Joseph Widra's visiting rights be
reinstated. A copy of the said letter is attached hereto as Exhibit P-3, and incorporated
herein by reference.
8. On March 23, 2011 Andrew J. Bender, Esq. sent a letter to Plaintiff regarding Mr.
Feuchtenberger's position and reiterating that the POA allows Defendant to determine
not whether Plaintiff is acting, but whether in his opinion Plaintiff is acting in Doris R.
Widra's best interests. A copy of the said letter is attached hereto as Exhibit P-4, and
incorporated herein by reference.
9. On March 28, 2011 Walter Kingera, Executive Director, Green Ridge Village,
sent a letter to Plaintiff advising her that Green Ridge Village would be accepting
Defendant as Mrs. Widra's Agent under the POA. A copy of the said letter is attached
hereto as Exhibit P-5, and incorporated herein by reference.
10. On March 31, 2011 the undersigned sent a letter to Attorney Bender regarding the
POA and Attorney Bender's March 23, 2011 letter to Plaintiff. A copy of the said letter
is attached hereto as Exhibit P-6, and incorporated herein by reference.
11. On March 31, 2011 the undersigned also sent a letter to Walter Kingera,
Executive Director, Green Ridge Village. A copy of the said letter is attached hereto as
Exhibit P-7, and incorporated herein by reference.
12. On March 31, 2011 Plaintiff sent a letter to Defendant, copied to Mr. Kingera,
regarding a possible compromise of the issues surrounding Joseph Widra's visitation with
Mrs. Widra. A copy of the said letter is attached hereto as Exhibit P-8, and incorporated
herein by reference.
13. On April 5, 2011 Attorney Bender sent the undersigned a letter with enclosures
regarding tax liability related to an IRA distribution, which letter acknowledges
Plaintiff's ability to act for Mrs. Widra. A copy of the said letter with enclosures is
attached hereto as Exhibit P-9, and incorporated herein by reference.
14. On April 12, 2011 Attorney Bender sent the undersigned a letter in response to
the undersigned's March 31, 2011 letter to Attorney Bender. A copy of the said letter is
attached hereto as Exhibit P-10, and incorporated herein by reference.
15. On April 14, 2011 the undersigned sent Attorney Bender a letter advising that
Plaintiff would make arrangements for Mrs. Widra to file a tax return individually. A
copy of the said letter is attached hereto as Exhibit P-11, and incorporated herein by
reference.
16. Section 711 of the Probate, Estates and Fiduciaries ("PEF") Code, 20 Pa.C.S.A. §
711, sets forth those matters for which court of common pleas jurisdiction "shall be
exercised through its orphans' court division."
17. Pursuant to 20 Pa.C.S.A. § 711 all matters relating to the exercise of powers of
attorney by agents are exercised through the orphans' court division.
18. Plaintiff avers that she did not fail to act under the POA with regard to the actions
she undertook to prevent Joseph Widra from visiting Mrs. Widra at Green Ridge Village.
19. Plaintiff believes and therefore avers that Defendant's actions and second-
guessing of Plaintiffs actions with regard to Green Ridge Village were unreasonable
based upon the circumstances and void under the POA.
20. The Declaratory Judgment Act authorizes the Court to declare, settle and make
certain the rights, status and other legal relations between the parties. 42 Pa.C.S.A.
§7532.
21. The Court may grant declaratory relief where an actual controversy exists or is
imminent or inevitable. Hain v. Board of School Directors, 641 A.2d 661 (Pa. Cmwlth.
1994).
22. The Court may declare the respective rights and liabilities of the parties before a
situation develops which might require the unnecessary expenditure of funds or before
harm actually occurs. Mid-Centre Count~Authority v. Bo~~s, 384 A.2d 1008 (Pa.
Cmwlth. 1978).
23. There is an actual controversy between Plaintiff and Defendant regarding their
respective actions, as set forth above and incorporated herein by reference, and this
Honorable Court has jurisdiction to determine the appropriateness of them and who shall
serve as Agent for Mrs. Widra moving forward under 20 Pa.C.S.A. § 711 and under 42
Pa.C.S.A. § 7532.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court declare
that Plaintiff is the proper Agent for Mrs. Widra under the POA, Plaintiff properly acted
and did not fail or cease to act, and that Defendant may only act under the POA if it is
reasonably determined by Defendant that Plaintiff has failed or ceased to act.
KfiRNFIELD and >~NC~OFF, LLP
By
HSnald L. K rn field, Esq.
Attorney for 1 ntiff
17 North Ch h Street
Waynesboro, PA 17268
(717) 762-8222 Phone
(717) 762-6544 Fax
Attorney I.D. No. 19242
I verify that the statements made in this Petition are true and correct to the best of
my knowledge, or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn
falsification to authorities.
Vickie F. Wallick
02101/2011 11:25 7172431213 PAGE 06111
. .
... .~~
POWER OF ATTORNEY
BY
DOf~tS R. WIDRA
NQTICI`e
THE PURPOSE: OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU
DESIGNATE {YOUR "AGE'dT"} BROAD POWERS TO HANDLE YOUR PROPI=RTY, WH1CH MAY
INCLUDE POWERS TO SEI.,L OR OTWERWISE DISPOSE OF ANY REAL OR PERSONAL, PROPERTY
WITHOUT ,gpVANCE NOTI;:;E TD YOU DR APPROVAL BY YOU-
THIS POWER OF A'i faRNEY 130ES N(3T IMPOSE A DUTY ON YOUR AGENT TO EXERCISE
GRANTED POWERS, BUT'.VHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE
TO ACT FOR YOUR E3ENEF T AND 1N ACCORDANCE WITH THIS POWER OF ATTORNEY.
YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR
LIFETIME, EVEN AFTER Y'DU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE
DURATION OF THOSE PC INERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON
YOUR BEHALF TERMINATE: S YOUR AGENTS AUTHORITY.
YOUR AGENT ~nvsT KEl=P YOUR PUNDS SEPARATE FRDM YOUR AGENT'S s=UNDS.
A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF ET FINT7S YOUR AGENT
IS NOT ACTING PROPERL'°'.
THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE
EXPLAINED MORE FULLY IW 20 Pa.C,S. Ch. 56. (20 Pa.C.S. §6601 et seq.)
IF THE1~E IS ANYTHING ABOUT THES FORM THAT YOU DO NOT UNDERSTAND, YOU
SHOULD ASK A LAWYER CIF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU.
I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND 1 UNDERSTAND ITS
CONTENTS.
MY ATTORNE'(, GLEN AND GLEN, HAS EXPLAINED THIS NOTICE, POWER OF
ATTORNEY AND ACKNOV1f ~EDGEMENT OF AGENT TO ME; I HAVE HAD THE OPPORTUNITY TO
ASK MY ATTORNEY ANY O.UESTIONS I MAY HAVE REGARDING THE CONTENTS OF THESE
DOCUMENTS AND I UNDEI';STAND THAT MY AGENT MUST EXECUTE THE ACKIVbWLEDGEMEyNT
OF THEIR RIGHTS, DU'1"IE 3 AND OBLIGATIONS BEFORE THEY ARE ABLE t0 PROPERLY ACT
UNDER THIS POWER OF ATTORNEY ON MY E3E1-IALF,
(Da e) Doris R. Widr~
I~i,w (ifRc:r.n
r;iaL•'N ~~ Gf,EN
I a Nm~th Mnkn Rtrret • Sulto 3(19
C;hambcr~l~urta. f'n
17201-IiSR~
EXHIBIT
P-1
02101/2011 11:25 7172431213 PAGE 07111
....
u
CEfuERAL IPOWEI~ OF ATTORNEY
I, Davis R. Wiidra, of 231 High Mountain Road, Shippensburg, Pennsylvania
17257, do hereby nominate, constitute and appoint Vickie F. Wallick, of 109 Beetern
Hollow Road, Newville, ~'ennsylvania 17'2~.1,as my Agent, for me and an my behalf and
hereby state that this power of attorney shall not be affected by my subsequent
disability or incapacity- 'rovided that if Vickie F. Wallick, far any reason fails or ceases
to act, (determined in th~~ opinion of the successor named as Agent) I appoint Edwin J.
Feuchtenberger, of 124: Beetem Hallow Road, Nevwille, Pennsylvania 17241, to act in
place of my original Age~it. For purposes ar reliance by third parties, the presentation of
this power by the succe+,~,sor named as Agent shall be deemed conclusive proof that the
previous Agent has failef~ to act or ceased to serve.
My said Agent may exerci$e any power or take any action on my behalf as fully
and completely as I co~.ald dv myself, which my Agent in my Agent's sole discretion,
believes to be in my bs~st interest, including, without being limited ta, the powers and
actions hereinafter described:
1. To open, close, drill (if necessary), and have unlimited access to my safety
deposit box;
2. To draw cr• ecks against any bank account in my name; to make deposits
or withdrawals ar-d to transfer funds from one account to another; to open and
close bank accounts and to sign signature cards and any other documents
required far such ~~urpase;
3. To engage in retirement plan transactions;
4. To pay my bills and other financial obligations and to collect monies owed
to me;
5. To borrow rnoney for me far any purpose, including the acquiring of United
States Treasury s ~curities redeemable at par for Federal estate tax purposes, or
to lend my mone~~, on such terms and wi#h such security, if any, as my Agent
deems advisable;
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S. To manag ~, lease, sell ar transfer any real estate or interest therein
belonging to me, and to purchase real estate upon such terms and for such
prices as my Agent deems advisable;
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7172431213 PAGE 68111
7. To sell, transfer or purchase shares of stack,, bands, securities,
mortgages, vehi~,les, tangible personal property, and Uni#ed States Treasury
securities or - any other securities of agencies, instrumentalities, or
establishments of the United States, upon such terms and for such prices as my
Agent deems ad~~~isable;
8. To invesE, reinvest and keep invested or uninvested without liability
monies and ass~~ts belonging to me in such stocks, bonds, and other instruments
of indebtedness and investment, including without limitation United States
Treasury securit'es redeemable at par for Federal estate tax purposes, as my
Agent deems der-;irable;
9. To make application far registration of any vehicle that l own, and to
purchase in my name insurance covering the ownership and operation of any
vehicle;
10. To vote, appoint or revoke proxies, execute any waiver of consent,
attend any meeting, and otherwise to act without restriction in my behalf in
connection with any stock, security, membership, proprietary, or other rights
which I may ha~~e in any corporation, association, partnership, business trust,
joint venture ar other entity; to commence, prosecute, defend, settle or
compromise any claim, suit, action, or other proceeding at law or in equity as my
Agent deems adti.~isable and for these purposes to employ counsel;
71. 7'o creat~:~ and execute legal documents on my behalf, including without
limitation, the exercise of options, elections under or against wills and trusts,
releases, disclaimers and renunciations of interest, property and powers,
contracts, and r~:vacable or irrevocable trusts far my benefit, and to fund such
trusts with property belonging to me;
12. To appe~ir for me and to execute powers of attorney for others to appear
for me before th~~ Treasury Department of the United States and any state or
municipal autharities,~ in all matters pertaining to 1=ederal, State ar iacai taxes; to
examine records and receive confidential information and communications with
reference to such taxes; to execute income, gift and other tax returns and
declarations of estimated tax, waivers, claims for refund, agreements of
settlement or compromises, and consents extending the statutory period for
assessment or c;oilection of taxes; to make any and all elections afforded a
taxpayer with reG;pecfi to the filing of returns; and far these purposes to employ
counsel and accc:untants;
02/01!2011 11:25 7172431213 PAGE 09111
13. To exer~,ise any rights which I have with respect to any policies of
insurance on m;,f life of which I am the owner or in which I have any rights,
including but not limited fio the fallowing: the right to cancel. and/ar surrender the
policy and to receive the cash value; the right to borrow all or part of the cash
value; the right t~:~ convert the policy to a paid-up status; and the right to exercise
any settlemenfi oi~tions;
14. To make' such gifts of my property to others as I may from time to time
direct;
15. To makR:: such gifts of my property to one or more of my children ar
charities in suc ~ form and amounts as my Agent believes would be in
accordance with ry wishes,
16. With resiaect to any trusts created by me or for my benefit, to withdraw
and receive the income or corpus of such trust or trusts;
17. To creatF:r a trust for my benefit to be funded by property belonging to me
ar to make additif~ns to any existing trust for my benefit;
18. To clairr~~ an elective share of the estate of my deceased spouse, to
disclaim any interest in property under that estate or any other transfer to me and
to renounce fidur,: iary positions;
19.' To enter into contracts or arrangements for necessities of life, such as
load, nursing, rriedical care and expenses, to consent to operations, medical
examinations ar~d treatment of any type, to employ physicians, nurses and
medical assistants, and to arrange and provide for my maintenance, care and
medical treatment in private homes, nursing homes or hospitals.
I~AW C)fflCarr
GLEN ~~ GLEN
In Nar4U fa~~ln Simm. °iilu: one
C:n;,eu,~,ranuPg. rn
r ,:,n ~., ni~9
0210112011
In witness whereo ~, I have hereunto set my hand and official seal.
No ry Public
Al()'I'AltlAt. SIiAL
i.,.~W i~rnc,~:~~ SAI.[,Y 1.51IF'{"fiitL Nc»AryTh~h!'~e
GY~EN ~ C,f.r~'~N Chumbcrshurg, !'tanklin (:o. !'A
IA Nnrch Mr,in k4rnn4 • S~i1tA;ahn ~~' CrnnrnikRlAn 1JCplr'CRlAI1. ~], 2(1!2
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7172431213
PAGE 10111
20. i authori:~:e my Agent to appoint in writing firvm time, to time one or more
persons as a su astitute or substitutes in the place of my Agent and to revoke
such appointments, granting to any such substitute full power and authority to act
in the place of m;,' Agent for me and on my behalf.
i hereby ratify ar~d confirm aA that my said Agent or substitutes shall lawfully do
5r cause to be done by ~rirtue of this power of attorney.
1 hereby revoke ~+ny general power of attorney that I have previously given to any
aerson or institution.
iN WITNESS Ww~~EREOF, I have hereunto set my hand and seal this 28t" day of
September, 2Q09,
ilVitness:-
~r.~- /°~ ~ ~ (SEAL}
~~ ~ Doris F2. 111/idra
ti--~.
STATE OF PENNSYLVI=NIA
COUNTY OF FFtANKLIh;
ss,
On this, the 28t" ~iay of September, 2009, before me, Sally L_ Sheffer a notary
public, personally appe~ •ed Doris R. Widra, known to me or satisfactorily proven to be
the person whose namE, is subscribed to the within general power of attorney and
acknowledged that she executed the same for the purposes therein contained.
02/01!2011 11:25 7172431213 PAGE 11/11
ACI~CNaW~.~DGEIVIENT BY AGENT(5)
I, the undersign~sd, have read the attached Power of Attorney and am the person
identified as fihe Agent(s) for the Principal. I hereby acknowledge that in the absence of
a specific provision to the contrary in the power of attorney or in 20 Pa.C.S.Ch.56 when
I act as Agent(s):
! shall exercise tl~~e powers for the benefit of the Principal.
I shaA keep the ~: ssets of the Principal separate from my assets.
I shall exercise r:;asonable caution and prudence.
I shall keep full send accurate regard of ail actions, receipts and disbursements on
behalf of the Principal.
f~
(Date)
_._.._J ~~ " ° ~ .
(Date)
Vickie F. Wallick
dwin J. Feuchtenber er
Lflw Urna!:a
CL.EIV ~~. (;1.~I~,N
t~ N~r[h Mnln Htirrn~ - EuILO JCII
ChUfrIhC1'BhUrN, PA
17111 I • I LRt;l
March 15, 2011
Edwin J. Feuchtenberger
129 Beetem Hollow Road
Newville, PA 17241
RE: Power of Attorney for Doris R. Widra
Vickie F. Wallick
109 Beetem Hollow Road
Newville, PA 17241
Dear Vickie:
As you are aware, I am listed as the successor Agent on our mother, Doris R. Widra's,
Power of Attorney dated September 28, 2009. Our mother's Power of Attorney states, "that if
Vickie F. Wallick, for any reason fails or ceases to act, (determined in the opinion of the
successor named as Agent) I appoint Edwin J. Feuchtenberger, of 129 Beetem Hollow Road,
Newville, Pennsylvania 17241, to act in place of my original Agent."
It has come to my attention that you have ordered our mother's nursing home, Green
Ridge Village, to terminate our mother's husband, Joseph Widra's, visiting privileges. It is my
opinion that you have clearly failed to act in our mother's best interest by eliminating her ability
to visit with her husband of over forty (40) years. This can in no way be considered beneficial to
our mother's medical treatment. As such, I am exercising my power to act under our mother's
Power of Attorney and am notifying Green Ridge Village to allow Mr. Widra to visit our mother.
Additionally, I am requesting that within ten (10) days you provide me with a full and
complete accounting of the financial assets and tangible items of personal property which you
have taken control of pursuant to the Power of Attorney. You should forward this accounting to
my attorney Andrew J. Bender, Esquire of Allied Attorneys of Central Pennsylvania, L.L.C., 61
West Louther Street, Carlisle, PA 17013. If you do not comply with this request, or if you
persist in your attempt to estrange our mother from her husband, I will consider taking legal
action with the courts. Your cooperation in this matter is greatly appreciated.
Sincerely,
~~
EXHIBIT Ed in .Feuchtenberger
a
~ P-2
March 15, 2011
Edwin J. Feuchtenberger
129 Beetem Hollow Road
Newville, PA 17241
RE: Power of Attorney for Doris R. Widra
Walter Kingera, Executive Director
Green Ridge Village
210 Big Spring Road
Newville, PA 17241-9486
Dear Mr. Kingera:
As you are aware, my mother, Doris R. Widra, is a resident at your facility. My sister,
Vickie F. Wallick, has notified your facility to terminate my mother's husband, Joseph R.
Widra's, visiting privileges. My sister made this request in her capacity as Agent under a Power
of Attorney my mother executed on September 28, 2009. I have enclosed a copy of this Power
of Attorney for your reference.
As you can see, the first paragraph of page two of the Power of attorney states:
Provided that if Vickie F. Wallick, for any reason fails or ceases to
act, (determined in the opinion of the successor named as Agent) I
appoint Edwin J. Feuchtenberger, of 129 Beetem Hollow Road,
Newville, Pennsylvania 17241, to act in place of my original
Agent. For purposes of reliance by third parties, the presentation
of this power by the successor named as Agent shall be deemed
conclusive proof that the previous Agent has failed to act or ceased
to serve.
It is my opinion that Vickie F. Wallick has failed to act in my mother's best interest by
eliminating my mother's husband's visiting rights at your facility. As such, I am exercising my
ability to act as successor Agent under the Power of Attorney dated September 28, 2009, and am
requesting that your facility reinstate Joseph Widra's visiting rights.
Please contact me upon receipt of this letter and notify me whether Green Ridge Village
will honor my request to have Joseph Widra's visiting privileges reinstated.
EXHIBIT
.~
s P-3
PAGE TWO (2)
March 15, 2011
Should you have any questions or concerns, or require any additional information, please
contact my attorney, Andrew J. Bender, Esquire, Allied Attorneys of Central Pennsylvania,
L.L.C., 61 West Louther Street, Carlisle, PA 17013.
Sincerely,
~~' ~ .
Edwin J. Feuchtenberger
Enclosures: Power of Attorney dated 09/28/09
cc: Vickie F. Wallick
ALLIED ATTORNEYS
OF CENTRAI, PENNSYLVANIA, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
Stephanie E. Chertok, R.N., Esquire -Managing Partner F. Clayton Merris, IV, Esquire
Andrew J. Bender, Esquire
VIA CERTIFIED MAIL, RETURN
RECEIPT REQUESTED
Vickie F. Wallick
109 Beetem Hollow Road
Newville, PA 17241
March 23, 2011
RE: Power of Attorney for Doris R. Widra
Dear Ms. Wallick:
Please be advised that this office represents Joseph Widra and Edwin Feuchtenberger.
Mr. Widra received a letter from Green Ridge Village dated January 6, 2011 notifying him that
you had directed Green Ridge Village to terminate his visitation privileges with your mother.
The letter states that you ordered the termination of his visiting privileges pursuant to your role
as Agent under your mother's Power of Attorney dated September 28, 2009.
As you are aware, your mother's Power of Attorney states, in pertinent part, "if Vickie F,
Wallick, for any reason fails or ceases to act, (determined in the opinion of the successor
named as Agent) I appoint Edwin J. Feuchtenberger ... to act in place of my original Agent."
(Emphasis added). Given the language of Ms. Widra's Power of Attorney, it is our position that
Mr. Feuchtenberger has the sole discretion to determine whether you are failing to act in your
mother's best interest, and thereby invoke l:is right to step in as successor Agent.
It is Mr. Feuchtenberger's position that it is not in your mother's best interest to be
estranged from her husband of over forty (40) years. As such, we have notified Green Ridge
Village of the language contained in the Power of Attorney allowing Mr. Feuchtenberger to
assume his role of successor Agent, and requested that Green Ridge Village lift the restriction
preventing Mr. Widra from visiting his wife. We are requesting that you contact Green Ridge
Village in writing and inform them that you no longer wish to have this restriction in place.
Additionally, we are requesting that you provide, within ten (10) days of today's date, a
full and accurate accounting of all your mother's moneys, accounts, funds, investments,
retirement accounts, personal property and other assets over which you have assumed control
pursuant to the Power of Attorney, including a detail of all expenditures which have been made.
EXHIBIT
P-4
PAGE TWO (2)
March 23, 2011
If you do not comply with our request that you notify Green Ridge Village to lift the visitation
restriction preventing Mr. Widra from visiting his wife, and our request for an accounting, legal
action may be taken against you.
Enclosed you will find a letter from Mr. Feuchtenberger addressed to you notifying you
of his requests that you contact Green Ridge Village and provide an accounting, along with a
copy of a letter from Mr. Feuchtenberger addressed to Walter Kingera at Green Ridge Village.
Please take this letter to your attorney for his or her review and ask your attorney to
contact me to discuss this matter. If you choose not to hire an attorney, I will speak with you
directly, however, I recommend that you seek legal advice.
I look forward to hearing from you or your attorney.
Very truly yours,
Andrew J. Bender, Esquire
Enclosures: Feuchtenberger Letter dated 03/15/11
Feuchtenberger Letter to Ki::gerk dated 03/15/11
Letter from Ed to Kingera
cc: Joseph Widra
Edwin Feuchtenberger
~~~~~-~ GREEN RIDGE VILLAGE
~~_"~~'~~~'~ a pai°t of PI2ESBYTI/RiAN SEN10R LIVING
March 28, 2011
Ms. Vickie F. Wallick
109 Beetem Hollow Road
Newville, PA 17241
RE: Power of Attorney Determination for Doris R. Widra
Dear Ms. Wallick,
As you may know, Mr. Edwin J. Feuchtenberger is listed as the successor Agent for your
mother, Doris Widra, on the Power of Attorney document we have on file. The Power of
Attorney document grants him sole discretion to determine whether you, as current
Power of Attorney, are acting in the best interest of your mother. Mr. Feuchtenberger has
informed us that he has determined you are not acting in the best interest of your mother,
and therefore, is invoking his right to step in immediately as the recognized legal Power
of Attorney.
After careful review of this request from Mr. Feuchtenberger and his legal counsel, we
are complying with the terms of the document and are designating him as the legal Power
of Attorney for Doris Widra as of this date.
Questions on Mr. Feuchtenberger's decision to step in as Power of Attorney should be
directed to him or his attorney.
Sincerely,
C~~~
Walter ngera
Executive Director
Cc: Edwin J. Feuchtenberger
Andrew Bender, Esq.
EXHIBIT
~ P-5
Phone (717) 776-8200 • (800) 969-4450 • Fax (717) 776-6266 •210 Big Spring Road • Newville, PA 17241-9486 • www.greenridgevillage.org
Kornfield and Benchoff, LLP
Attorneys At Law
17 North Church Street
Waynesboro, PA 17268
R'~'~'~'.kornfieldandbenchoff.com
Donald L. Kornfield, Esq.
Andrew J. Benchoff, Esq.
~ ~, -~~ , _
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Phone: 717-762-8222
Fax: 717-762-6544
don@kornfield.net
andrew@kornfield.net
Kimberly S. Runshaw
Paralegal
March 31, 2011
Andrew J. Bender, Esq.
61 West Louther Street
Carlisle, PA 17013
Re: Doris R. Widra
Dear Mr. Bender:
Your letter to Vickie Wallick is before me for reply. The clear language of the power of
attorney is that "if Vickie F. Wallick, for any reason fails or ceases to act, (determined in the
opinion of the successor named as Agent)..." then she may be replaced. There are no facts upon
which to make the determination Ms. Wallick has failed or ceased to act. Your letter gives the
reason for replacing her as the termination of visits by the abusive Mr. Widra as not in mother's
best interest. That very reason demonstrates that Ms. Wallick has neither failed or ceased to act
but has vigorously protected her mother.
It is also important to note that Mr. Feuchtenberger does not have sole discretion to
replace Ms. Wallick. The power states that if in his opinion there has been a failure or cessation
of action he may become the attorney in fact. Opinion is not unfettered discretion and must be
exercised reasonably. Such clearly is not the case here.
The purpose of this letter is to reject the replacement of Ms. Wallick as her mother's
attorney in fact. Absent recognition of her continuing office, Ms. Wallick intends to place this
matter before the Cumberland County Court.
Please advise.
Sincerely,
Donald L. Kornfield
cc: Green Ridge Village
EXHIBIT
a
~ P-6
Kornfield and Benchoff, LLP
Attorneys At Law
17 North Church Street
Waynesboro, PA 17268
www.kornfieldandbenchoff.com
Donald L. Kornfield, Esq.
Andrew J. Benchoff, Esq.
Kimberly S. Runshaw
Paralegal
Walter Kingera
Green Ridge Village
210 Big Spring Road
Newville, PA 17241
~ ,. _ March 31, 2011
~..~ ~
Re: Doris Widra
Dear Mr. Kingera:
Phone:717-762-8222
Fax:717-762-6544
don@kornfield.net
andrew@kornfield.net
Enclosed are copies of letters from and to Attorney Bender which are self-explanatory.
The purpose of this letter is first to put you and Green Ridge Village on notice that you
and the home will be held strictly liable for any physical injury or mental distress to Ms. Widra
caused by Joseph Widra. On many past documented occasions Ms. Widra has had to be
medicated after visits from Mr. Widra which constituted mental distress.
The second purpose of this letter is to request prompt receipt of all incident reports in
your possession concerning Ms. Widra and Mr. Widra.
The home is well aware of the abusive nature of Mr. Widra and is best advised to
continue to recognize Ms. Wallick as the attorney in fact for Doris Widra and to exclude Joseph
Widra.
Please advise. Thank you.
Sincerely,
Donald L. Kornfield
EXHIBIT
P-7
03131/2011 13:46 7172431213
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EXHIBIT
RE~E-`:/~ a A~2 ~ 1 2011
ALLIED ATTORNEYS
OF CENTRAL PENNSYLVANIA, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
Stephanie E. Chertok, R.N., Esquire -Managing Partner
Andrew J. Bender, Esquire
F. Clayton Merris, IV, Esquire
Donald L. Kornfield, Esquire
Kornfield and Benchoff, LLP
17 North Church Street
Waynesboro, PA 17268
Apri15, 2011
RE: Power of Attorney for Doris R. Widra
Dear Mr. Kornfield:
Enclosed please find a copy of a letter I sent to your client prior to receiving your March
31, 2011 correspondence. As you can see, the letter is in regard to potential tax obligation of Ms.
Widra's due to your client's removal of $67,876.47 from Ms. Widra's IRA. Your attention to
this matter is greatly appreciated.
I will review your March 31, 2011 letter with my clients and respond in the near future.
In the meantime, if you have any questions or concerns, or require any additional information,
please do not hesitate to contact me.
Very truly yours,
Andrew J. Bender, Esquire
Enclosures: Correspondence to Vickie Wallick dated 03/31/11
cc: Joseph Widra
Edwin Feuchtenberger
EXHIBIT
~ P-9
,.
ALLIED ATTORNEYS
OF CENTRAL PENNSYLVANIAN L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
- ax
Stephanie E. Chertok, R.N., Esquire -Managing Partner
Andrew J. Bender, Esquire
F. Clayton Merris, IV, Esquire
March 31, 2011
Vickie F. Wallick
109 Beetem Hollow Road
Newville, PA 17241 '
RE: Power of Attorney for Doris R. Widra
Dear Ms. Wallick:
Enclosed please find a copy of a 1099-R from Wells Fargo Bank, N.A. issued to Doris R.
Widra. As you can see, the 1099-R shows a taxable distribution from Ms. Widra's IRA in the
amount of $67,876.47, with no withholding, resulting from the distribution you had made from
Ms. Widra's account.
As this is a taxable distribution from Ms. Widra's retirement account, Ms. Widra will
have to file income tax returns for tax year 2010. Please advise immediately whether you have
arranged for income tax preparation and filing for Ms. Widra. If you have not yet done so I will
instruct Mr. Feuchtenberger to arrange for this. However, as a tax obligation will likely result
from this taxable distribution, Mr. Feuchtenberger will need to know what funds are available to
pay the 2010 income taxes, and he will likewise need access to these funds. As such, we require
an accounting of the $67,876.47 in funds which have been withdrawn. Please provide this
information to us when you provide your response regarding whether tax returns have been filed.
It may be beneficial from a tax standpoint for Ms. Widra to file jointly with Mr. Widra.
A tax professional should look into this issue, and Mr. Feuchtenberger would like to take care of
this. However, the April 18, 2011 filing deadline is rapidly approaching and this issue needs to
be resolved quickly. As such, we need to know whether tax returns have been prepared and
filed. Kindly advise immediately whether this has been done. I look forward to hearing from
you or your attorney on this issue.
Very truly yours,
Enclosures: 2010 Form 1099-R
cc: Joseph Widra
Edwin Feuchtenberger
Andrew J. ender, Esquire
U CORRECTED (if checked)
PAYER'S .~,me, street address, city, stale, and ZIP code, and telephoneN (800)GG9-2136
-WELLS%ARGO BANK, N.A.
2801 MARKET STREET
ST LOUIS, MO 63103
PAYER'S Federal Identification number RECIPIENT'S identification number
56-1354525 210-26-9095
RECIPIENT'S name Street address(Including apt. no.) City, state, and ZIP code
4 W MAIN ST
PO BOX 155
WALNUT BOTTOM PA 172660000
Account number (see instructions) t st Year of desig. Roth Contrib.
75 0210269095-7
1 Gross Distribution 2b Taxable amount
G7,876 47 _ not determined a
28 Taxable amount
67.876.47 Total
distribution
3 Capital gain (Included q Federal income tax
in box 2a) withheld
$ 0.00
5 Employee/Rolh Designated
contributions or Insurance 6 Net unrealized appreciation
'
premiums in employer
s securities
OMB No. 1545-0119bt~y(I
2010
Form 1099-R
Distributions
From Pensions,
Annuities,
Retirement or
Profit-Sharing
Plans, IRAs,
Insurance
~-- COPY B
on
7 sl X LE your Federal tax
--- °o ret~lrn. If this form
9a Your percentage of total T SNOWS ederal Income
distribution 9b otal employee contributions tau withheld in Box 4,
% attach this copy to
_ our return.
10 State tax withheld 11 StatelPayer's state no. 12 Slate distribution
'Y ..............................
13 local tax wllhheld 1q Name of locality 15 Local distribution
Form 1099-R Department of the Treasury- Internal Revenuo Service ~_
-- - WachoHa Bank isa dnnsaao(-Wei-Fargo-Bank.-N A.
^ CORRECTED (it checked)
PAYER'S name, street address, city, slate, and ZIP code, and telephoneN (KUU)GG9-2136
WELLS FARGO BANK, N.A.
2801 MARKET STREET
ST LOUIS, MO 63103
PAYER'S Federal identification number RECIPIENT'S identification number
56-1354525 210-26-9095
RECIPIENT'S name Street address(Including apt. no.) Clty, stale, and ZIP code
DORIS R WIDRA
4 W MAIN ST
PO BOX 155
WALNUT BOTTOM PA 172660000
Account number (see instructions) 7 st Year of desig. Roth Contrib.
75 0210269095-7
Form loss-R
Department of the Treasury- Internal Revenue Service
Wachovia Bank is a division of We(s Fazgo Bank, N.A.
^ CORRECTED (if checked)
PAYER'S name, street address, city, state, and ZIP code, and telephoneF (gpO)GG9-2136
WELLS FARGO BANK, N.A.
2801 MARKET STREET
ST LOUIS, MO 63103
PAYER'S Federal identification number RECIPIENT'S identification number
56-1354525 210-26-9095
RECIPIENTS name Street address(Including apt. no.) City, state, and ZIP code
DORIS R WIDRA
4WMAINST
PO BOX 155
WALNUT BOTTOM PA 172660000
Account number (see Instructions) t st Year of desig. Roth Contrib.
75 0210269095-7
Form 1099-R Department of the Treasury- Internal Revenue Service
nr~R Nn ise~_nsta
1 Gross Distribution
$ 67,876.47 2b Taxable amount
not determined
~ LO ~ O
FGrm 1099-R
Distributions
28 Taxable amount
$ 67,876.47
Total
distribution Q From Pensions
Annuities
Retirement a
Profit-Sharinc
3 Capital gain (included
in box 2a
000 qw~ hheldlncome lax Plans, IRAs,
Ir1SUfanCe
Contracts, etc.
T
i
f
i
5 Employee/Roth Designated
contributions or Insurance
premiums
6 Net unrealized appreciation
in employer's securities h
s In
ormat
on Is being
furnished to the Internal
Revenue Service
COPY C
7D(stribution code(s)
7 IRA/SEP!
SIMPLE
x a Other
~-
°
/0 FOr
R
ci
i
'
Your percenta a of total
93 9
disiributi°^
9b Total employee contributions p
e
ent
s
Records
10 State tax withheld 11 State/Payer's slate no. 12 Stale distribution
13 Local lax wllhheld
.~.......---~ .......................... t4 Name of locality
........................................ 1g Local distribullon
!o...-~----.......----.......---
nua u.. ~eea_m~e
1 Gross Distribution 2b Taxable amount 20 ~ 0
$ 67
876
47 not determined 0 Form 1099-R
,
. Distributions
2a Taxable amount From Pensions
Total
~ Annuities
R
ti
t
$ 67,876.47 distribullon remen
e
o
Profit-Sharinc
3 Capital gain (included q Federal income tax PIanS, IRAs,
in box 2a) withheld IrISUfanCe
$ 0.00 Contracts, etc.
5 F.mployepJROth Designated
contributions or insurance
Net unrealized appreciation
6 This information is being
furnished to the Internal
premiums in em to
p yor's securities
Revenue Service
$ ~ COPY 2
'
7 Distribution code(sA ~~L~Pr
L gOther Fiie this copy with
7 x ~ ° your state, city,
Your Percents r of total
9a distribution g
9bT°tal employee contributions or local income
tax return, when
°
__ /° required
t Q State tax withheld 11 Slate/Payer's state no. 12 Stale distribution
13 Local tax withheld iq Name of locality 15 Local distribution
A:'R-1 ~--''011 10 : 41 Ahl
ALLIED ATTORNEYS
OF CENTRAL PENNSYLVANIA, L.L.C.
61 West Loather Street
Carlisle, PA 17013
{717) 249-1177
{717) 249-4514 Fax
Stephanie E. Chertok, R.N., Esquire -Managing Partner
Andrew J. Bender, Esquire
April 12, 2011
VIA FACSIMILE 717-762-6544 &
REGULAR MAIL
Donald L. Kornfield, Esquire
Kornfield and Benchoff, LLP
17 North Church Street
Waynesboro, PA 17268
RE: Power of Attorney for Doris R. Widra
Dear Mr. Kornfield:
P. 2
F. Clayton Merris, N, Esquire
This letter is in response to your correspondence of March 31, 2011. Mr. Feuchtenberger
has acted reasonably in determining that your client should be removed as Agent under Mrs.
Widra's power of attorney.
Ms. Wallick has persisted in a course of conduct over the past year which clearly
demonstrates that she is abusing the power of attorney granted by her mother and is using it as a
mechanism to attempt to control Mr. Widra and take property away from him for reasons which
are unknown to my client.
Your client obtained a power of attorney from Mrs. Widra without Mr. Widra's
knowledge. She then removed approximately $3,000.00 from Mr. and Mrs. Widra's joint bank
accounts without Mr. Widra's knowledge or consent, cashed in Mrs. Widra's entire IRA without
so much as consulting with Mrs. Widra's husband of over 40 years, and entered Mr. Widra's
home without his consent while he was hospitalized whereupon she removed Mrs. Widra's
jewelry, documents and insurance policies belonging to Mr. and Mrs. Widra, $480.00 in cash
and a brand new leaf blower belonging to Mr. Widra which has never been returned to him.
Ms. Wallick at one point kept Mrs. Widra from the rest of the family for several days
after ahospitalization-without disclosing her whereabouts to the family-and ultimately had
Mrs. Widra admitted to a nursing home without so much as consulting with Mrs. Widra's
husband or her other children. Finally, in January 2011, your client had Mr. Widra barred from
visiting his wife under the pretense that Mr. Widra was abusive.
EXHIBIT
P-10
APR-12-?011 10 42 AM P, 3
PAGE TWO (2)
April 12, 2011
Mr. Widra has never abused his wife and he can produce an ample number of witnesses
to support his position. He has been a loving and supportive husband to Doris for over 40 years
and supported Doris's children, including your client, financially after he and Doris married. If
your client wishes to place this matter before the court Mr. Feuchtenberger and Mr. Widra are
prepared to litigate the issues, and they can introduce witnesses who will testify to your client's
actions. It is our belief that this evidence will adequately demonstrate that Ms. Wallick should
not remain as the Agent under Mrs. Widra's power of attorney.
That being said, it is my hope that litigation will not be required to resolve this unpleasant
dispute. It is my understanding that your client and Mr. Feuchtenberger have had preliminary
discussions about a possible out-of--court resolution of this matter which would involve some
level of shared responsibility. If your client has a formal proposal please advise and I will
deliver it to my clients for their consideration.
I look forward to hearing from you.
Very truly yours,
Andrew J. ender, Esquire
cc: Joseph Widra
Edwin Feuchtenberger
Kornfield and Benchoff, LLP
Attorneys At Law
17 North Church Street
Waynesboro, PA 17268
www.kornfieldandbenchoff.com
Donald L. Kornfield, Esq.
Andrew J. Benchoff, Esq.
Kimberly S. Runshaw
Paralegal
April 14, 2011
VIA FAX 249-4514
Andrew J. Bender, Esq.
61 West Louther Street
Carlisle, PA 17013
Dear Mr. Bender:
Re: Doris R. Widra
Ms. Wallick will arrange for Doris to file individually.
Thank you.
EXHIBIT
P-11
Phone: 717-762-8222
Fax: 717-762-6544
don@kornfield.net
andrew@kornfield.net
~ ~ ~ Communication Result. Report (Apr.14. 2011 8:34AM) ~ ~ ~
,)
2)
Date/Time; Apr.14. 2011 $:32AM
file Page
No. Mode Destination Pg(s) Result Not Sent
----------------------------------------------------------------------------------
3627 Memory TX 2494514 P. 1 OK
------------------------------------------------------------------------------------------------
Reason for error
E. 1) Hang up or 1 ine fiai 1 E. 2) Busy
E. 3) No answer E. 4) No fiacsimile connection
E. 5) Exceeded max. E-ma i 1 size
Korn9dd ..d Baacho~ LLP
Atloeoeye At Lw
17 Noe16 CY~eek 84sd
Wayaasb~ro, PA 17268
www.tora0dduil~okofLoa~
B0°~M L• >1M• Phorc ?17-762-8222
A~draw J. 8cae3aR~ Faq. Faa: 717-762-6544
don®lwmfTeid.~
Ki~baly & RmMaw mdrew®IromSdd.net
Panlapl
April 14, ZOl l
VIA FAX 249.4514
Andrew 7. Hendm, Eq.
6l Weat I.gther 3kCN
l~rlillq PA 17013
Ra: Dor1e R Widra
Dmr Mr. Beads
Ms. Wallict will srrm8e for Daa1e to 8k'adividruily.
77~eok you.
S'
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