Feuding family takes sweetness out of Boyer Candy business

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A year after Boyer Candy Co.’s president died after heart surgery, business is turning sour — his ex-wife and two of her children are battling for control of the company that makes Mallo Cups and Smoothies.“It has been an unbelievable distraction,’’ said president and CEO Roger Raybuck, who was left in charge by Anthony Forgione but is being challenged by Forgione’s former wife.Deborah Forgione, who was separated from her husband since the mid-1990s and divorced him two days before he died, sued two weeks later to oust Raybuck and regain control of a trust that holds a majority stake of shares in Boyer.Opposing her in court and supporting Raybuck are two of the couple’s children, who say their mother never showed any interest in the company until their father died.In the midst of this family fight is a candy company trying to grow. Raybuck, now president and CEO, said the court case is taking a toll on Boyer, with banks hesitant to offer credit to a business where questions of ownership exist.Who controls Boyer might be decided Sept. 18 in a Palm Beach County, Fla., court, when attorneys for Deborah Forgione, who lives in Boca Raton, take the case before Judge Timothy P. McCarthy. Her attorneys argue she was forced to resign under duress as a co-trustee of the fund overseeing approximately 400 shares in Boyer Candy.Although their parents controlled the trust, the shares are in the children’s names.If she wins, Deborah Forgione would effectively wrest control of the company, located about 85 miles east of Pittsburgh.Brothers William and R.J. Boyer started the company in the early 1930s, selling candy door-to-door during the Great Depression, and in 1969 sold it to American Maize Products, a corn syrup manufacturer. American Maize in turn sold Boyer to the Forgione family in 1984.Two weeks after her husband died in March 2001, Deborah Forgione filed suit to oust Raybuck, claiming he was “attempting some form of hostile takeover.’’ In the lawsuit, Forgione said Raybuck was using company money to pay off “sham transactions,’’ which she claimed her ex-husband used to hide money before their divorce was final.Two of the couple’s children, Anthony and Danielle Forgione, have sided with Raybuck and are fighting their mother in court.“She was never forced out in any way,’’ said Charles Lichtman, an attorney representing Anthony and Danielle Forgione. “She resigned a couple of times as trustee. That should give you an idea of her dedication to this company.’’Jonathan Forgione, the third and youngest child who initially joined his siblings in the lawsuit, now says he was coerced into fighting his mother by Raybuck. He asked to withdraw from the suit last year.Thomas Frampton, an attorney for Deborah Forgione in Pennsylvania, said he could not comment on the case. Forgione’s attorney in Florida, Thomas Graner, did not return phone calls from The Associated Press.The case has bounced from state courts in Pennsylvania and Florida to the federal courts and this summer, back to the 15th Judicial Circuit in Florida.In the meantime, Boyer, which does not disclose financial information, is trying to expand. It is currently negotiating a deal with Ben and Jerry’s ice cream that would use the candy company’s new Triple Twist, a pretzel covered with chocolate and peanut butter, as an ingredient, Raybuck said.Staffers at the company, which employees about 150 people, are eager for the questions over control to be settled.“It’s certainly been an upward battle since Mr. Forgione’s passing,’’ said Boyer saleswoman Denise Bailor. “We’re looking forward to getting this trial behind us so we can get back to what we do best. We’ve got a great product here.’’Family members and company officials described Raybuck, who joined Boyer a decade ago, as a confidant of Anthony Forgione’s and the most qualified candidate to lead the firm.“Roger was Anthony’s right-hand man,’’ said Dennis Forgione, Anthony’s brother. “They were friends. Working together as much as they did, Anthony was not one to count hours and he found a kindred spirit in Roger Raybuck.’’Dennis and his brother Richard Forgione helped run the company for a time, but both brothers moved on to other business pursuits in the early 1990s.For Anthony Forgione, however, the candy business became a passion. He moved to Altoona shortly after acquiring Boyer to run the company himself.“It was his heart and soul — he ate, drank and slept Boyer,’’ Dennis Forgione said. “He took to the business instantly and became very well known in the industry. He knew all the players.’’