Wilson et al v. Fletcher et al

Filing 71

MEMORANDUM AND ORDER regarding pending motions. 1. The parties shall respond to each statement posed in the attached "Questions to Parties," and on or before January 20, 2014, they shall mail their completed and signed response s to the court.2. The parties shall answer and sign the "Settlement Agreement Questions" attached hereto, and on or before January 20, 2014, they shall mail their completed and signed response to the court.3. All documents provided to the court by the defendants were delivered to Gracy Sedlak. Sedlak is not only a named plaintiff, but has the authority to act as plaintiff Harold Wilson's power of attorney. Accordingly, Harold Wilson's motion for productio n, (Filing No. 65 ), is denied as moot.4. In light of the "Questions to Parties" served by the court on all parties, plaintiff Harold Wilsons motions to compel and his requests for admissions, (Filing Nos. 62 and 69 ), are denied as moot. 5. Harold Wilson's motions for partial summary judgment and for injunctive relief, (Filing Nos. 64 , 68 , and 70 ), are denied without prejudice to re-filing, if necessary, after the court and all parties receive responses to the "Questions to Parties," and the 'Settlement Agreement Questions." Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se parties)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HAROLD B. WILSON, GRACY SEDLAK,
Plaintiffs,

4:12CV3061

vs.
MEMORANDUM AND ORDER
JOSEPH FLETCHER, ORA THOMAS
FLETCHER,
Defendants.
The court has reviewed the documentation from Joseph Fletcher, Gracy Sedlak,
Harold Wilson, and Ora Thomas Fletcher produced in response to the Memorandum and
Order dated September 25, 2013, (Filing No. 63).1 During that hearing, the court agreed to
review the facts reflected in those documents. The court’s interpretation of those facts is
outlined in the attached “Questions to Parties.” The court also agreed to recommend terms
for final settlement of this case. The court’s proposed settlement terms are outlined in the
attached “Settlement Agreement Questions,” and the explanation provided below.

Although substantial documentation was provided to the court, the undersigned
magistrate judge cannot track all the receipts and distributions of Harold Wilson’s money by
Joseph Fletcher. And the remaining questions will likely never be answered no matter how
much work the parties and court invest into the project. Without substantial expenditures on
expert witnesses, subpoenas, and depositions, the money trail cannot be fully understood and
even then, questions will likely remain. The court therefore recommends to the parties that
they settle this case under the following terms:
Joseph Fletcher and Ora T. Fletcher will jointly and severally owe to Harold Wilson
the amount of $25,000 for funds given to Ora T. Fletcher without Harold Wilson’s
permission. Jointly and Severally means either Joseph Fletcher and Ora T. Fletcher
can pay it all back, or they can share that responsibility: But either way, they both

1

The original documents submitted to the court by Joseph Fletcher have been
returned to him by mail. The court has maintained a copy of the documents.

owe Harold Wilson for the $25,000 of Wilson’s funds received and used by Ora T.
Fletcher.
In addition to the $25,000 owed for funds given to Ora T. Fletcher without Wilson’s
permission, Joseph Fletcher would be required to pay:
 $26,000 to Gracy Sedlak, which represents the amount of Wilson’s money
that Joseph Fletcher was told to give to Gracy Sedlak, but which Joseph
Fletcher kept for himself instead.
 $36,300 to Harold Wilson, which represents the total amount of Wilson’s
money received by Joseph Fletcher through checks from the MidWestOne
Bank, ($44,516.00), plus one-half of the distributions for which there is no
documentation indicating who received the money (1/2 of $13,988.67), plus
the money that is simply missing with no documentation whatsoever,
($10,786.78), minus the $26,000 amount Joseph Fletcher owes to Gracy
Sedlak.
Based on the court’s review of the documents and the parties statements, it is likely
some of the money documented as distributed by Joseph Fletcher, but to unknown persons,
was given out with Wilson’s permission. Some was not. There is no way to figure out
which of these expenditures were authorized. So in the interest of resolving the case now
rather than face the same unanswered questions at trial, the parties should split that amount
($13,988.67), with Joseph Fletcher owing half of it to Harold Wilson.

But as to the money which is simply missing, Joseph Fletcher should be required to
pay all of that back. By way of explanation:
 Until Joseph Fletcher opened a separate account for Wilson’s money at the
MidWestOne Bank, he deposited Wilson’s money in his own account.
 At the time the new account was set up in April 2011, there remained
$34,456.75 of Wilson’s money that Joseph Fletcher had received but has no
record of distributing to anyone on Wilson’s behalf.
 Joseph Fletcher transferred only $1800.00 of this money into the MidWestOne
account when that account was opened.

 Joseph Fletcher later moved money into the MidWestOne Bank account on
two occasions without receiving a new institutional distribution from Wilson;
on April 25, 2011 in the amount of $10,500, and on June 9, 2011 in the
amount of $10,400. Presumably these amounts were from Wilson’s money
which remained in Joseph Fletcher’s account even after the MidWestOne
Bank account was opened.
 So of the $34,456.75 that remained in Joseph Fletcher’s account when the
MidWestOne Bank account was opened, it appears more than $11,000 was
never transferred out of that account to the MidWestOne Bank account, and
there is no record of what happened to it. This amount likely includes the
$10,786.78 of Wilson’s money that is missing. It appears Joseph Fletcher kept
it and as such, he should be ordered to pay it back.
If the parties do not settle the case under the terms suggested, the court will need to
decide which facts are disputed and, if any, set this case for trial. The parties will be required
to respond to statements outlined in the attached Questions to Parties” so it can determine
how to best proceed if this case is not fully settled.

Accordingly,
IT IS ORDERED:
1)

The parties shall respond to each statement posed in the attached “Questions to

Parties,” and on or before January 20, 2014, they shall mail their completed and
signed responses to the court. As to the Questions to Parties:
a.

If the statement is admitted, the party must circle “Admit.”

b.

If the statement is denied, the party must circle “Deny,” and explain why the
statement is denied.

c.

The parties are warned that if they deny a statement without providing a
reason, the court may ignore the denial and consider the statement admitted.

d.

The parties are further warned that they must make reasonable efforts to find
the information, including within the documentation provided to the court,
before denying a statement for lack of information. If a statement is denied for
lack of information, the party denying the statement must explain what efforts

were made to find the answer before denying the statement. If the court
considers those efforts insufficient, the court may consider the statement
admitted.
e.

The parties’ answers must be signed. The parties are advised that by signing
the document and returning it to the court for filing, they are providing
statements to the court under oath.

f.

The failure to answer any question within the “Questions to Parties” will be
deemed an admission as to that question.

g.

The failure to sign the “Questions to Parties,” or to timely return the answers
to the court, will be deemed an admission as to every statement in the
document.

h.

The “Questions to Parties” must be completed and signed, or they will be
deemed admitted as to all questions, even if the answering party agrees to
settle the case under the terms proposed by the court.

i.

The completed and signed “Questions to Parties,” shall be returned to the
undersigned magistrate judge’s chambers by mailing it to:
Cheryl R. Zwart
Magistrate Judge
United States District Court-Nebraska
100 Centennial Mall N. #566
Lincoln, NE 68508

2.

The parties shall answer and sign the “Settlement Agreement Questions”

attached hereto, and on or before January 20, 2014, they shall mail their completed
and signed response to the court. As to Settlement Agreement Questions:
a.

By completing the document to indicate they agree to the settlement terms,
signing the document, and returning it to the court, the signing party agrees to
be bound by the settlement terms, the case will be settled if the opposing
parties also agree to those terms, and a judgment will be entered accordingly.

b.

If the signing party does not agree to the settlement terms, or the opposing
parties do not agree to the terms, the case is not settled and the court will
resolve all or part of the case on the parties’ responses to the “Questions to
Parties,” or it will set the case for trial.

c.

Irrespective of whether the party agrees or disagrees with the court’s proposed
settlement terms, the party must timely answer, sign, and return the Settlement

Agreement Questions to the court. The failure to do so will result in an order
imposing monetary sanctions on the non-complying party.
d.

The completed and signed “Settlement Agreement Questions,” shall be
returned to the undersigned magistrate judge’s chambers by mailing it to:
Cheryl R. Zwart
Magistrate Judge
United States District Court-Nebraska
100 Centennial Mall N. #566
Lincoln, NE 68508

3.

All documents provided to the court by the defendants were delivered to Gracy

Sedlak. Sedlak is not only a named plaintiff, but has the authority to act as plaintiff Harold
Wilson’s power of attorney. Accordingly, Harold Wilson’s motion for production, (Filing
No. 65), is denied as moot.
4.

In light of the “Questions to Parties” served by the court on all parties, plaintiff

Harold Wilson’s motions to compel and his requests for admissions, (Filing Nos. 62 and 69),
are denied as moot.
5.

Harold Wilson’s motions for partial summary judgment and for injunctive

relief, (Filing Nos. 64, 68, and 70), are denied without prejudice to re-filing, if necessary,
after the court and all parties receive responses to the “Questions to Parties,” and the
“Settlement Agreement Questions.”
December 20, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 1 of 22

Questions to Parties
1)

Plaintiff Harold B. Wilson is an inmate at the Lincoln Correctional Center. His address is
Lincoln Correctional Center, P. O. Box 22800, Lincoln, Nebraska 68542-2800.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

2)

Plaintiff Gracy Sedlak does not have a permanent address, but she receives mail at the
home of her mother, Beth Jirovsky, at 1035 Hartley, Lincoln, Nebraska 68521. Gracy
Sedlak is also known as John Jirovsky.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

3)

Defendant, Joseph Fletcher lives at 815 G Avenue West, Oskaloosa, Iowa 52577.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

4)

Defendant, Ora Thomas Fletcher lives at 515 South D Street, Oskaloosa, Iowa 52577. He
is also known as T.J. or Tom Fletcher.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 2 of 22

5)

Wilson signed two Power of Attorney documents: 1) A General Power of Attorney
document signed on January 24, 2011 named Gracy Sedlak as Wilson’s Power of Attorney
beginning on January 17, 2011 and continuing through January 17, 2016; and 2) A Short
Form Power of Attorney signed on August 5, 2011 named both Cynthia Blodgett-Fletcher
and Joseph Fletcher as Wilson’s Power of Attorney. Cynthia Blodgett Fletcher is a relative
of Harold Wilson.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

6)

Under the General Power of Attorney, Sedlak is authorized to act in Wilson’s name, as if
Wilson were personally present, with respect to all matters, including all business
transactions, any claims and litigation, and all records, reports, and statements.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

7)

Under the Short Form Power of Attorney, Joseph Fletcher is authorized to act in Wilson’s
name, as if Wilson were personally present, with respect to all matters, including all bank
and financial transactions, any disputes and litigation, and all records, reports, and
statements, and “to act in any appropriate capacity as required by the needs of my spousallife partner with regard to all the Grantor’s property and financial assets, except those
granted to my brother by my living will.”
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

8)

After conducting a hearing on the record, the court entered an order requiring all parties to
submit their documentary evidence to the undersigned magistrate judge for review. Harold
Wilson, Gracey Sedlak, and Joseph Fletcher submitted documents in response to the order;
Ora Thomas Fletcher did not.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 3 of 22

9)

Due to restrictions placed on Wilson by the state penal institution, Wilson has been unable
to send and receive discovery from the defendants. Therefore, as stated in the order and on
the record, the court made copies of the documents produced by Joseph Fletcher so they
could be supplied to the plaintiffs, with Sedlak picking up those copies from my chambers.
Gracy Sedlak received copies of all documents produced by the defendants.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

10) Upon the death of Wilson’s parents, Gene and Virginia Wilson, Wilson received money
from their estates. James D. McFarland, an attorney in Lincoln, Nebraska, administered
the estates.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
11) The majority of the money received by Wilson from his parents’ estates was placed in his
Wilson’s institutional account.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
12) Although Wilson has a romantic relationship with Sedlak, since Sedlak is a relative, Wilson
could not send money to her from his institutional account.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 4 of 22

13) Since Wilson could not send money to Sedlak, he sent money, or directed the attorney for
the estate, James McFarland, to send money to Wilson’s half-bother, Joseph Fletcher.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
14) Wilson provided verbal and written instructions to Joseph Fletcher on how and to whom
the Wilson’s money should be distributed.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
15) The plaintiffs allege Joseph Fletcher disobeyed Wilson’s directions on how to distribute the
money, including making unauthorized payments to himself and to defendant Ora T.
Fletcher.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
16) Wilson sent money to Joseph Fletcher and directed him to use a portion of the money to
care for Sedlak.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
17) Joseph Fletcher distributed some money to Sedlak, but did not follow all of Wilson’s
directions for sending money to Sedlak.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 5 of 22

18) With the money received from Joseph Fletcher, Sedlak bought an old tow truck for $3,500
and three cars to repair for under $1,000; rented a two stall garage for $850.00 per month,
and paid $650.00 per month in apartment rent.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
19) Wilson convinced Sedlak to purchase a residential trailer for $17,000.00, and promised to
give Sedlak $2,000 per month for living expenses and $10,000 for moving expenses.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
20) The trailer was purchased for Sedlak from a friend of Cynthia Blodgett Fletcher.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
21) After the trailer was purchased, the trailer court denied Sedlak’s application to lease a
trailer lot because Sedlak had been convicted of a crime within the last seven years.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
22) Wilson wants to move the trailer from the trailer court so Sedlak can live in it.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 6 of 22

23) Sedlak has the keys to the trailer at this time, but claims the title was never transferred to
her.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
24) Cynthia Blodgett Fletcher states the title to the trailer has been transferred to Sedlak.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
25) Any money distributed to Sedlak by Joseph Fletcher from Wilson’s funds was distributed
in accordance with the directions received from Wilson and with Wilson’s consent.
Admit
Deny. I deny this statement because ___________________________________
________________________________________________________________.
26) Skincare of Lafayette provided skin care treatments, including waxing and facial
treatments, to Sedlak to facilitate Sedlak’s gender transition.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
27) Wilson directed Joseph Fletcher to pay for these treatments on Sedlak’s behalf.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 7 of 22

28) Joseph Fletcher made payments to Skincare of Lafayette in payment for treatment received
by Sedlak.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
29) All money distributed to Skincare of Lafayette by Joseph Fletcher from Wilson’s funds was
distributed in accordance with the directions received from Wilson and with Wilson’s
consent.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
30) Ora T. Fletcher is Joseph Fletcher’s brother and Wilson’s half-brother.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
31) Ora T. Fletcher wrote Wilson a letter asking for money, explaining that: 1) Ora T.
Fletcher’s daughter needed a surgical procedure anticipated to cost $6,600.00 and that he
lacked medical insurance coverage for this surgery; 2) the transmission had failed in the
vehicle driven by Ora T. Fletcher’s wife; and 3) Ora T. Fletcher was $40,000 behind in his
house payments.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
32) Wilson told Joseph Fletcher that Wilson was unsure of what amount to provide to Ora T.
Fletcher, but any amount provided would need to be a loan and any distribution would need
to be approved by Sedlak.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 8 of 22

33) Wilson sent Ora T. Fletcher a letter stating any amount provided to Ora T. Fletcher would
need to be a loan and any distribution would need to be approved by Sedlak.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
34) In December of 2011, Joseph Fletcher distributed $25,000 of Wilson’s money to Ora T.
Fletcher without Wilson’s permission.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
35) In December of 2011, Joseph Fletcher distributed $25,000 of Wilson’s money to Ora T.
Fletcher without Sedlak’s permission.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
36) Ora T. Fletcher knew the $25.000 he received from Joseph Fletcher was Wilson’s money.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
37) Ora T. Fletcher knew at the time he received $25,000 from Joseph Fletcher that Wilson had
not agreed to give money to Ora T. Fletcher or directed Joseph Fletcher to do so.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
38) Ora T. Fletcher knew at the time he received $25,000 from Joseph Fletcher that Sedlak had
not agreed to distribute $25,000 of Wilson’s money to Ora T. Fletcher, and had not directed
Joseph Fletcher to make this distribution.

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 9 of 22

Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
39) In response to Wilson’s statement that any amount provided would be a loan, not a gift,
Ora T. Fletcher wrote angry letter to Wilson.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
40) Wilson never agreed to provide any money to Ora T. Fletcher, either as a gift or as a loan.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
41) Velvet Rieth, a Reverend in the Wiccan faith, requested money from Wilson to help
recover from damage to her home caused by Hurricane Katrina.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
42) Wilson directed Joseph Fletcher to pay money to Reverend Rieth.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
43) Joseph Fletcher made payments to Reverend Rieth from Wilson’s funds.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 10 of 22

44) All money distributed to Reverend Velvet Rieth by Joseph Fletcher from Wilson’s funds
was distributed in accordance with the directions received from Wilson and with Wilson’s
consent.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
45) Cynthia Blodgett Fletcher requested money from Wilson, stating she planned to use the
funds to start a foundation for helping people released from prison.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
46) Wilson directed Joseph Fletcher to pay money to Cynthia Blodgett Fletcher.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
47) Joseph Fletcher made payments to Cynthia Blodgett Fletcher from Wilson’s funds.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
48) All money distributed to Cynthia Blodgett Fletcher by Joseph Fletcher from Wilson’s funds
was distributed in accordance with the directions received from Wilson and with Wilson’s
consent.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 11 of 22

49) Beginning in October 2010, Wilson sent money to Joseph Fletcher to place in an account
for Wilson.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
50) Wilson instructed Joseph Fletcher to distribute the money received from Wilson in
accordance with Wilson’s directions.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
51) Wilson instructed Joseph Fletcher to use the money to take care of Sedlak.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
52) Joseph Fletcher did not open a separate bank account for depositing amounts received from
Harold Wilson until April 6, 2011.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
53) On April 6, 2011, Joseph Fletcher set the account up in his own name at MidWestOne
Bank in Oskaloosa, Iowa and deposited Wilson’s money in that account.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 12 of 22

54) The bank would not open an account under Wilson’s name at Joseph Fletcher’s direction
on April 6, 2011, because Wilson had not yet named Joseph Fletcher as Wilson’s Power of
Attorney.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
55) Over time, Joseph Fletcher decided he no longer wanted to carry out the responsibility of
handling Wilson’s money.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
56) In the second half of 2011, Wilson instructed Joseph Fletcher to distribute $26,000 to
Sedlak.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
57) Joseph Fletcher never distributed $26,000 to Sedlak in accordance with the instructions
received from Wilson during the second half of 2011.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
58) On December 6, 2011, Joseph Fletcher distributed $25,000 of Wilson’s money to Ora T.
Fletcher without Wilson’s permission.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 13 of 22

59) On December 6, 2011, Joseph Fletcher distributed $25,000 of Wilson’s money to Ora T.
Fletcher without Sedlak’s permission.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
60) On December 9, 2011, Joseph Fletcher closed the MidWestOne Bank account into which
Wilson’s money had been deposited.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
61) At the time the MidWestOne Bank account holding Wilson’s money was closed, the
account balance was $26,266.00.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
62) Joseph Fletcher kept the $26,266.00 of Wilson’s money received upon closing the
MidWestOne Bank account.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
63) Joseph Fletcher used the $26,266.00 of Wilson’s money received upon closing the
MidWestOne Bank account for his own purposes.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 14 of 22

64) Joseph Fletcher kept and used the $26,266.00 of Wilson’s money received upon closing the
MidWestOne Bank account without Wilson’s permission.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
65) Wilson asked Joseph Fletcher to send any money remaining his Wilson’s bank account to
Barney, Wilson’s long-time friend.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
66) After being asked to send the remaining money in Wilson’s bank account to Barney,
Joseph Fletcher told Wilson that the money was gone.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
67) Wilson sent an angry letter to Joseph Fletcher and Ora T. Fletcher.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
68) Joseph Fletcher and Ora T. Fletcher responded by writing the prison and asking the prison
to prohibit Wilson from sending any further mailings to Joseph Fletcher and Ora T.
Fletcher.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 15 of 22

69) The prison now prohibits Wilson from sending anything to Joseph Fletcher and Ora T.
Fletcher, including any discovery requests or responses for this case.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
70) Joseph Fletcher admits he received and used for himself a portion of Wilson’s money
without Wilson’s permission.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
71) As verified by Harold B. Wilson’s institutional statement, Harold Wilson sent the
following amounts from his institutional account to Joseph Fletcher to deposit into a bank
account for Wilson.
10/22/10
12/01/10
01/05/10
02/07/11
03/14/11
03/14/11
04/01/11
05/12/11
06/22/11
07/27/11
07/01/11
08/04/11
09/02/11
Total

$3,400
2,000
300
2,000
620
8,000
65,000
5,000
50,000
15,000
10,000
35,000
50,000
$246,320

Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 16 of 22

72) At Wilson’s direction, Attorney Jim McFarland sent the following amounts to Joseph
Fletcher on Harold Wilson’s behalf.
07/09/10 $ 5,162.62
09/07/10
10,000.00 (Deposited in Joseph Fletcher’s Acct #2176)
02/02/11
10,000.00
02/28/11
20,000.00 (Deposited in Joseph Fletcher’s Acct #2176)
Total
$45,162.62
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
73) The total amount received by Joseph Fletcher, either directly from Harold Wilson or from
Attorney James McFarland at Wilson’s direction was $291,482.62.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
74) Fletcher deposited the following amounts in the MidWestOne Bank account.
04/06/11
04/06/11
04/25/11
05/23/11
06/09/11
06/30/11
07/15/11
08/02/11
08/10/11
09/09/11
Total

$ 65,000.00
1,800.00 (Transferred from Joseph Fletcher’s Acct #2176)
10,500.00
5,000.00
10,400.00
50,000.00
10,000.00
15,000.00
35,000.00
50,000.00
$252,700.00

Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 17 of 22

75) The $65,000 amount used for the initial deposit into the MidWestOne Bank account was
received as a check from Wilson’s institutional account.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
76) The bank statements from April 2011 through December 2011 for the MidWestOne Bank
account list the following debits.
TO:

DATE:

??
??
Pat Wiese
KZUM
Tammy Greene
Cynthia Blodgett-Griffin
??
??
??
??
Velvet Rieth
Velvet Rieth
Velvet Rieth
??
??
??
??
??
??
Skincare by Lafayette
Skincare by Lafayette
Skincare by Lafayette
??
Carla Cooper
??
??
Jillian Glover
Charles Griffin
Joseph Fletcher
Joseph Fletcher
Joseph Fletcher
Joseph Fletcher
Joseph Fletcher
Joseph Fletcher
Joseph Fletcher

04/08/11
04/11/11
04/11/11
04/11/11
04/11/11
04/11/11
04/12/11
04/18/11
04/25/11
04/26/11
04/28/11
06/15/11
08/18/11
04/25/11
04/26/11
04/29/11
05/31/11
06/02/11
06/06/11
06/06/11
07/11/11
08/03/11
06/09/11
06/24/11
07/05/11
07/08/11
07/27/11
07/26/11
08/12/11
08/23/11
08/24/11
08/24/11
09/07/11
09/13/11

CK #

AMOUNT:
$

1004

1003

1001
1002
1005
1011
1010
1012
1013
1014
1015

300.00
1,100.00
1,205.00
2,005.00
4,005.00
5,005.00
45.00
900.00
1,000.00
150.00
10,405.00
10,405.00
2,000.00
1,000.00
150.00
100.00
1,400.00
550.00
300.00
1,505.00
22,005.00
9,000.00
120.00
2,005.00
450.00
5,000.00
15,000.00
7,200.00
300.00
100.00
1,000.00
5,000.00
100.00
1,250.00
3,000.00

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 18 of 22

Joseph Fletcher
Joseph Fletcher
Joseph Fletcher
Joseph Fletcher (Closing Acct)
Gracy Sedlack
Gracy Sedlack
Gracy Sedlack
Earl Barnawall (Gracy’s Trailer)
Sue Ellen Wall
??
Ora T. Fletcher

09/26/11
10/13/11
10/19/11
12/09/11
04/29/11
09/13/11
10/21/11
10/21/11
11/18/11
11/14/11
12/06/11

1016
1019
1021

1017
1022
1024
1025
1027
1028

1,000.00
5,500.00
1,000.00
26,266.00
50,005.00
2,500.00
2,000.00
18,000.00
4,000.00
500.00
25,000.00
Total $249,676.00

Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
77) The following receipts for money orders are included within the record but cannot be
traced back to the MidWestOne Bank account.
TO:
??
Inez
??
??
??
Next Millennium
Azure Green
??
??
Humi Hom NewAge
Surrogate Sister
WPE
Cynthia Blodgett
Harold
Dawah International
Michael Lindgren
Ethel Phillips
Convicthouse.com
Margaret Zanca
Margaret Zanca
Karen Rhodes
Dawn Theisen
Toni Cooper
Toni Cooper
Doris Crippen
Carla Dixon

DATE:
07/16/10
07/16/10
07/16/10
07/16/10
07/16/10
07/28/10
07/28/10
08/10/10
08/10/10
09/22/10
09/22/10
09/22/10
09/22/10
09/22/10
09/22/10
09/22/10
09/22/10
09/22/10
11/15/10
11/15/10
11/22/10
11/22/10
12/08/10
04/11/11
04/11/11
04/11/11

AMOUNT:
900.00
500.00
500.00
100.00
75.00
406.54
187.90
98.67
400.00
174.45
50.00
125.00
500.00
60.00
40.00
1,000.00
1,000.00
51.00
500.00
500.00
200.00
1,000.00
300.00
500.00
200.00
300.00

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 19 of 22

GSP LLC
Cory Walker
Azure Green
Steve Labato
Cheryl Danilyk
Beth Jirovsky
Thelma Bullion
Llewellyn Publications
Azure Green
Troyana Thompson

01/04/11
01/07/11
01/24/11
02/07/11
02/25/11
03/09/11
04/02/11
06/02/11
06/02/11
06/27/11
Total

271.71
250.00
285.60
500.00
50.00
17,000.00
600.00
173.57
360.40
200.00
$29,359.84

Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
78) The following signed Receipts for Cash were included in the documents submitted to the
court.
TO:
Mark Francis
Gracy Sedlack
Gracy Sedlack
Clifton Smith

DATE:
07/25/11
07/27/11
07/28/11
07/30/11

AMOUNT:
1,000.00
100.00
160.00
400.00
Total
$1,660.00

Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
79) Columns 1 and 2 of the Itemization attached hereto correctly outlines the amounts received
by Joseph Fletcher from Harold Wilson and from Attorney James McFarland on Harold
Wilson’ behalf.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 20 of 22

80) Column 3 of the Itemization attached hereto correctly outlines the money owned by Harold
Wilson which Joseph Fletcher deposited into a MidWestOne bank account for distribution
of those funds at Harold Wilson’s direction.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
81) Column 4 of the Itemization attached hereto identifies people and entities who received
distributions of Harold Wilson’s money from Joseph Fletcher.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
82) Column 5 of the Itemization attached hereto outlines amounts of Harold Wilson’s money
distributed by Joseph Fletcher through money orders.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
83) Column 6 of the Itemization attached hereto outlines amounts of Harold Wilson’s money
distributed by Joseph Fletcher through checks.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
84) Column 7 of the Itemization attached hereto outlines amounts of Harold Wilson’s money
distributed by Joseph Fletcher as cash.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 21 of 22

85) The total disbursements of Wilson’s funds as reflected in bank account statements, receipts
from money orders, and receipts for cash total $280,695.84.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
86) Of the $280,695.84, Joseph Fletcher received $44,516.00 in checks from Harold Wilson’s
funds.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

87) Joseph Fletcher did not have Harold Wilson’s permission to receive $44,516.00 in checks
from Harold Wilson’s funds.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.
88)

Of the $280,695.84, a total of $13,988.67 was received by persons who are not identified
in the record now before the court.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

89) The total amount received by Joseph Fletcher from Harold Wilson for distribution to
others, including Gracy Sedlak, was $291,482.62 which, after subtracting $280,695.84,
leaves $10,786.78 of expenditures for which there are no receipts.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

4:12-cv-03061: Wilson et al v. Fletcher et al
Page 22 of 22

90) Defendant Joseph Fletcher wrongly distributed to Ora T. Fletcher $25,000 in funds owned
by plaintiff Harold Wilson.
Admit.
Deny. I deny this statement because ___________________________________
________________________________________________________________.

I declare under penalty of perjury that the foregoing is true and correct.
Executed on _________________
(Date)

Signed by:

________________________________________
Print name here:____________________________

ITEMIZATION
Column 1

Column 2

Column 3

Column 4

Date

Received
from estate
counsel
5,162.62

Rec’d from
Institutional
Account

MidWestOne
deposits

07/09/10
07/16/10

Column 5

07/28/10
08/10/10

Column 7

Column 8

Column 9

Money
orders

??
Inez
??
??
??
Next Millennium
Azure Green
??
??

Column 6

Checks

Cash
receipts

Balance

900.00
500.00
500.00
100.00
75.00
406.54
187.90
98.67
400.00

10,000.00 1

09/07/10
09/22/10

Humi Hom NewAge
Surrogate Sister
WPE
Cynthia Blodgett
Harold
Dawah International
Michael Lindgren
Ethel Phillips
Convicthouse.com
Margaret Zanca
Margaret Zanca
Karen Rhodes
Dawn Theisen

10/22/10
11/15/10

174.45
50.00
125.00
500.00
60.00
40.00
1,000.00
1,000.00
51.00
500.00
500.00
200.00
1,000.00

3,400.00

11/22/10
12/01/10
12/08/10
01/04/11
01/05/11
01/07/11
01/24/11
02/02/11
02/07/11

2,000.00
Toni Cooper
GSP LLC

300.00
271.71

Cory Walker
Azure Green

250.00
285.60

Steve Labato
Cheryl Danilyk

500.00
50.00

300.00

10,000.00
2,000.00

02/25/11
02/28/11
03/09/11
03/14/11
03/14/11
04/01/11
04/02/11
04/06/11

20,000.00 2
Beth Jirovsky

17,000.00

620.00
8,000.00
65,000.00
Thelma Bullion

600.00

65,000.00
1800.00 3

04/08/11
04/11/11

??
Toni Cooper
Doris Crippen
Carla Dixon
??
Pat Wiese
KZUM
Tammy Greene

04/11/11

1

Deposited in Joseph Fletcher’s Account #2176.
Deposited in Joseph Fletcher’s Account #2176.
3
Transferred from Joseph Fletcher’s Account #2176.
2

300.00
500.00
200.00
300.00
1,100.00
1,205.00
2,005.00
4,005.00

5162.62
4262.62
3762.62
3262.62
3162.62
3087.62
2681.08
2493.18
2394.52
1994.51
11994.51
11820.06
11770.06
11645.06
11145.06
11085.06
11045.06
10045.06
9045.06
8994.06
12394.06
11894.06
11394.06
11194.06
10194.06
12194.06
11894.06
11622.35
11922.35
11672.35
11386.75
21386.75
23386.75
22886.75
22836.75
42836.75
25836.75
26456.75
34456.75
99456.75
98856.75
98856.75
98856.75
98556.75
98056.75
97856.75
97556.75
96456.75
95251.75
93246.75
89241.75

Cynthia Blodgett-Griffin
??
??

04/12/11
04/18/11
04/25/11

5,005.00
45.00
900.00

3,000.00
2,500.00
1,000.00
5,500.00
1,000.00
2,000.00
18,000.00

84236.75
84191.75
83291.75
83291.75
82291.75
82141.75
71736.75
71636.75
21631.75
26631.75
26631.75
25231.75
24681.75
24508.18
24147.78
23847.78
22342.78
22342.78
22222.78
11817.78
61817.78
59817.78
59617.78
59617.78
69617.78
69167.78
64167.78
42162.78
42162.78
41162.78
33962.78
48962.78
33962.78
33862.78
33702.78
33302.78
33302.78
24302.78
59302.78
59302.78
59002.78
58902.78
56902.78
55902.78
50902.78
50802.78
100802.78
99552.78
99552.78
96552.78
94052.78
93052.78
87552.78
86552.78
84552.78
66552.78

500.00
4,000.00
25,000.00
26,266.00

66052.78
62052.78
37052.78
10786.78

10,500.00
??
??
Velvet Rieth
??
Gracy Sedlack

04/26/11
04/28/11
04/29/11
05/12/11
05/23/11
05/31/11
06/02/11

1,000.00
150.00
10,405.00
100.00
50,005.00

5,000.00
5,000.00
??
??
Llewellyn Publications
Azure Green
??
Skincare by Lafayette

06/06/11
06/09/11

1,400.00
550.00
173.57
360.40
300.00
1,505.00

10,400.00
??
Velvet Rieth

06/15/11
06/22/11
06/24/11
06/27/11
06/30/11
07/01/11
07/05/11
07/08/11
07/11/11
07/15/11
07/25/11
07/26/11
07/27/11

120.00
10,405.00

50,000.00
Carla Cooper
Troyana Thompson

2,005.00
200.00

50,000.00
10,000.00
??
??
Skincare by Lafayette

450.00
5,000.00
22,005.00

10,000.00
Mark Francis
Charles Griffin

1,000.00
7,200.00

15,000.00
Jillian Glover
Gracy Sedlak
Gracy Sedlak
Clifton Smith

07/28/11
07/30/11
08/02/11
08/03/11
08/04/11
08/10/11
08/12/11

15,000.00
100.00
160.00
400.00

15,000.00
Skincare by Lafayette

9,000.00

Joseph Fletcher
Joseph Fletcher
Velvet Rieth
Joseph Fletcher
Joseph Fletcher
Joseph Fletcher

300.00
100.00
2,000.00
1,000.00
5,000.00
100.00

Joseph Fletcher

1,250.00

35,000.00
35,000.00

08/18/11
08/23/11
08/24/11
08/24/11
09/02/11
09/07/11
09/09/11
09/13/11

50,000.00
50,000
Joseph Fletcher
Gracy Sedlack
Joseph Fletcher
Joseph Fletcher
Joseph Fletcher
Gracy Sedlack
Earl Barnawall (Gracy’s
Trailer)
??
Sue Ellen Wall
Ora T. Fletcher
Joseph Fletcher (closing
account)

09/26/11
10/13/11
10/19/11
10/21/11

11/14/11
11/18/11
12/06/11
12/09/11
$45,162.62

$246,320.00

$252,700.00

$29,359.84

$249,676.00

$1,660.00

Total Receipts = $291,482.62
Difference = $10,786.78
Total of Question Marks = $13,988.67
Joe Fletcher Checks and Money Received from Closing Acct = $44,516.00

Total Spent = $280,695.84

4:12-cv-03061: Wilson et al v. Fletcher et al

SETTLEMENT AGREEMENT QUESTIONS

The court has proposed settling this case under the following terms:
1)
Joseph Fletcher and Ora T. Fletcher will jointly and severally owe to Harold
Wilson the amount of $25,000 for funds given to Ora T. Fletcher without Harold
Wilson’s permission.
2)
In addition to the $25,000 owed for funds given to Ora T. Fletcher without
Wilson’s permission, Joseph Fletcher will pay:


$26,000 to Gracy Sedlak, and



$36,300 to Harold Wilson.

In response to the court’s proposal, (check the answer that applies):
_______

The party signing this document agrees to the settlement terms proposed
by the court.

_______

The party signing this document does not agree to the settlement terms
proposed by the court.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on _________________
(Date)

Signed by:

________________________________________
Print name here:___________________________