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Home My WebLink About08-22-11VICKIE L. WALLICK, 1N THE COURT OF COMMON PLEAS OF Plaintiff THE 9TH JUDICIAL DISTRICT, PENNSYLVANIA v. t i - _: ~ CUMBERLAND COUNTY ;' ~ j ~ ~ - EDWIN J. FEUCHTENBERGER, ORPHANS COURT DIVISION ~ - + ~ Defendant . NO. 21-11-0508 ~=-' ` ' ' ` ' ~~~ =~ ~'•' JUDGE OLER ` ~ `~ ~c~-~, ~- - F ~A :, JOINT MOTION FOR APPROVAL OF SETTLEMENT 1. Plaintiff, Vickie L. Wallick, and Defendant, Edwin J. Feuchtenberger, have both executed the Stipulation attached hereto as Exhibit "A" to settle and resolve the matters at issue in the above-captioned matter. 2. This Joint Motion for Approval of Settlement is being filed and submitted on behalf of counsel for Plaintiff and counsel for Defendant. It is signed only by counsel for Defendant as a matter of expediency. 3. A hearing previously started on May 31, 2011 is scheduled to be reconvened on August 24, 2011. 4. The parties request that the Court enter the attached proposed Order approving their Stipulation and setting forth the terms of the settlement as an order of court, and further request that the hearing scheduled for August 24, 2011 be cancelled. WHEREFORE, Plaintiff and Defendant respectfully request that this Honorable Court enter the attached proposed Order approving their stipulation and setting forth the terms of settlement as an order of court, and further request that the hearing scheduled for August 24, 2011 be cancelled. Respectfully submitted, SAIDIS, SULLNAN & ROGERS Daniel L. Sullivan, Esquire Attorney Id. 34548 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendant EX~-IIBIT A VICKIE L. WALLICK, IN THE COURT OF COMMON PLEAS OF Plaintiff THE 9TH JUDICIAL DISTRICT, PENNSYLVANIA v. ' CUMBERLAND COUNTY EDWIN J. FEUCHTENBERGER, ORPHANS COURT DIVISION Defendant NO. 21-11-0508 STIPULATION This STIPULATION is made between Vickie L. Wallick ("Wallick") and Edwin J. Feuchtenberger ("Feuchtenberger"): Wallick and Feuchtenberger are sister and brother. This Stipulation is entered into for the purpose of resolving disputes between Wallick and Feuchtenberger concerning a Power of Attorney executed by their mother, Doris R. Widra ("Doris") on September 28, 2009 ("Power of Attorney"), which is at issue in the above captioned lawsuit. Doris is currently a resident at Green Ridge Village, Newville, Pe~msylvania. 2. Feuchtenberger agrees to relinquish his asserted claim to authority under the Power of Attorney and will so advise Green Ridge Village promptly upon entry of the Court Order provided for in this Agreement. Feuchtenberger agrees not to assert a claim to authority under the Power of Attorney unilaterally in the future, but reserves all rights to seek an Order of Court in the future to challenge Wallick's status or actions as agent under the Power of Attorney. 3. Wallick agrees that she will not use her authority or status as agent under the Power of Attorney to restrict or interfere in any manner with the right of Feuchtenberger and their siblings to visit their mother, to have access to their mother, and/or to pick their mother up for visits in their homes or elsewhere away from Green Ridge Village. Feuchtenberger agrees that during any out-of-facility visit he will not leave Doris alone with Joseph Widra or permit Joseph Widra to drive a vehicle with Doris in the vehicle. 4. The provisions of this Stipulation are non-severable. 5. The parties agree to submit this Stipulation to the Court for entry of an Order of Court in the form attached hereto. Should the Court refuse to enter the Order in the form attached hereto, this Stipulation shall be null and void. If the Court enters an order inconsistent with the terms of this Stipulation, either party may appeal such Order or pursue whatever steps are available at law or equity to challenge the Order. 6. Wallick and Feuchtenberger are entering into this Stipulation freely after having the opportunity to review and discuss the Stipulation with their respective attorneys. Intending to be legally hr~und hereby, the parties have executed this Stipulation as of August ~, 2011. _, s C . ~ ~ _ Edwin J. Feuchtenberger 1?9 Beetem Hollow Road Newville, PA 17241 ~, , t _ Vickie L. Wallick 109 Beetem Hollow Road Newville, PA 17241 VICKIE L. WALLICK, Plaintiff IN THE COURT OF COMMON PLEAS OF THE 9TN JUDICIAL DISTRICT, PENNSYLVANIA v. EDWIN J. FEUCHTENBERGER, Defendant AND NOW, this day of CUMBERLAND COUNTY ORPHANS COURT DIVISION NO. 21-11-0508 ORDER 2011, upon consideration of the Stipulation of the parties attached hereto, it is hereby ORDERED as follows: 1. Defendant, Edwin J. Feuchtenberger, shall not assert any claim to authority as agent for his mother, Doris R. Widra, under a Power of Attorney executed by Doris on September 28, 2009; 2• Upon receipt of this signed Order, Feuchtenberger shall advise Green Ridge Village (the facility where Doris R. Widra currently resides) that he has relinquished his asserted claim to authority under the Power of Attorney; 3. Feuchtenberger's relinquishment of authority under the Power of Attorney is without prejudice to his right to challenge in court the status or actions of his sister, Vickie L. Wallick (Plaintiff herein), as agent under the Power of Attorney in the future. 4• Wallick shall not use her authority or status as agent under the Power of Attorney to restrict or interfere in any manner with the rights of Feuchtenberger and their siblings to visit their mother, Doris R. Widra, to have access to their mother, or to pick their mother up for visits away from Green Ridge Village at their home or elsewhere. 5. At any time when Feuchtenberger and his siblings have taken Doris Widra for a visit away from Green Ridge Village, they shall not allow their mother to be alone with Joseph Widra or to permit Joseph Widra to operate a vehicle in which Doris is a passenger. 6. This Order shall remain in effect unless and until modified by the Court upon petition by an interested person. BY THE COURT, J. CERTIFICATE OF SERVICE I hereby certify that on this 22°d day of August, 2011, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Via First Class Mail and Facsimile: 762-6544 Donald L. Kornfield, Esquire 100 Walnut Street Waynesboro, PA 17268-1219 Via Facsimile: 240-6462 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 SAIDIS, SULLIVAN & ROGERS ~\~Y ~-~,~~L Daniel L. Sullivan, Esquire Attorney Id. 34548 26 West High Street Carlisle, PA 17013 717-243 -6222