Electronically Filed 09/12/2013 11:04:05 AM ET IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: THE ESTATE OF HELEN M. Probate Division Case No. (IX) (Previously proceeding in Division 12, but transferred to Division 1X by way afar: Order ofrhis Court dated January 31?, 2013) Deceased, THOMAS H. MAYES Petitioner/Counter-Respondent, v. RONALD O. MAYES, Respondent/Counter?Petitioner, and DANIEL MAYES, Respondent. NOTICE OF CONFIDENTIAL INFORMATION WITHIN COURT FILING FILED: PALM BEACH COUNTY, FL SHARON BOCK, Pursuant to Florida Rule of Judicial Administration Petitioner/Counter- Respondent, THOMAS H. counsel hereby gives notice that con?dential information is included within the document(s) being ?led, has identi?ed the con?dentiality provision that applies to the identi?ed information, and has identi?ed the precise location of the con?dential information within the document as follows: Title/Type of Document(s): Thomas H. Mayes? Petition for Removal of Curator and for Surcharge Identi?ed Information: Bank Account Numbers and Bank Account Statements which Include Detailed Account Information Social Security, bank account, charge, debit, and credit card numbers in court records. ?l Fla. Stat. (Unless redaction is requested pursuant to ?1 19.07140), this information is exempt only as of January 1, 2011.) In re Estate of Helen M. O?Grady Case No.: I Will? CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via email to: Sheri Hazeltine, Esq. (counsel for Curator, Elizabeth Savitt) 800 Palm Trail Plaza, Suite 3, Delray Beach, Florida 33483 infofahazeltinelawcom]; via e? mail to: Stephanie J. Chambers, 1008 Arbor Meadows, Derby, Kansas 67037 schambersol coxnat via e-mail to: Kathleen M. Osterbuhr, 1300 Cresthill, Derby, Kansas 67037 and via e?mail to Daniel Mayes, 3742 NW 5th Ave, Boca Raton, FL 33431 [whodawatdar?ihotmail.com] on this 11th day of September, 2013. I furthermore certify that Formal Notice of the ?ling of this Petition has been served on all parties named above, with proof of formal notice to timely be ?led with this Court. Bv: fsr? Andrew M. Schwartz. Esquire Attorney for Petitioner Counter- Respondent Personal Representative Andrew M. Schwartz, Esq. Florida Bar No.: 821802 mm Christopher S. Salivar, Esq. Florida Bar No.: 0057031 cs@amslaw.hiz Andrew M. Schwartz, PA. 101 Plaza Real South, Suite 218 Boca Raton, Florida 33432 Telephone (561) 347-6767 Secondary e-mail addresses: cmg??amslawbiz recentionist@amslaw.biz In re Estate of Helen M. O?Grady Case No.: 5 rm: 1 IN RE: THE ESTATE OF HELEN M. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Probate Division Case No. (IX) (Previously proceeding in Division IZ, but transferred to Division by way of an Order of this Deceased, Court dated January 31, 2013) THOMAS H. MAYES Petitioner/Counter-Respondent, V. RONALD 0. MAYES, Respondent/Counter-Petitioner, and DANIEL MAYES, Respondent. i THOMAS H. PETITION FOR REMOVAL OF CURATOR AND FOR SURCHARGE The Petitioner/Counter-Respondent, THOMAS H. MAYES, by and through the undersigned counsel, hereby Petitions this Court for the entry of an Order removing Elizabeth Savitt as Curator of the Estate of Helen M. O?Grady and for the entry of an Order surcharging the Curator for all unnecessary costs and fees incurred by the estate due to her actions, upon proffer of the following: 1. As all parties to this action well know, this case began alter the passing of the decedent on May 29, 2012, and the ?ling of a Petition for Administration of her May 19, 2010 last will and testament. This Petition was ?led by THOMAS H. MAYES, who now stands as the appointed personal representative of the estate of Helen M. O?Grady. As a result of a Counter-Petition ?led by RONALD O. MAYES, ?nal disposition of the Petition for Administration did not occur until July 11, 2013, when the Court entered the Order attached hereto as Exhibit By way of said Order, the subject May 19, 2010 will was admitted to probate, and THOMAS H. MAYES was appointed personal representative of the estate of Helen M. O?Grady. Attached hereto as Exhibit is a COpy of the Letter(s) of Administration issued in favor of THOMAS H. MAYES as personal representative of the estate of Helen M. O?Grady. While the subject will contest remained pending, on or about March 19, 2013, this court held a hearing on DANIEL Petition for Appointment of Curator, and after a hearing, this Court made the determination to appoint ELIZABETH SAVITT, existing Guardian of the deceased ward, as the Curator of the estate of Helen M. O?Grady. By way of the Order attached hereto as Exhibit ELIZABETH SAVITT was formally appointed as Curator and ordered to ?le (within ?ve days her designation of resident agent and oath. In re Estate of Helen M. O?Grady Case No. 5 10. For some unknown reason, it became necessary for the Curator to obtain a duplicate Order Appointing Curator and directing the issuance of Letters of Curatorship. Same is attached hereto as Exhibit Thereafter, ELIZABETH SAVITT occupied the position of Curator of the estate of Helen M. O?Grady, and therewith she was authorized to exercise any powers expressly vested in her by Order of the Court, and she remained subject to all restrictions, obligations, and duties of a duly appointed Curator. Under Florida law, this also encompasses any restrictions, obligations, and duties of a duly appointed Personal Representative. . Speci?cally, Rule 5.122 of the Florida Probate Rules expressly states: Powers. By order, the court may authorize the curator to' perform any duty or function of a personal representative, including publication and service of notice to creditors, or if a will has been admitted, service of notice of administration Subject to Other Provisions. Curators shall be subject to the provisions of these rules and other applicable law concerning personal representatives.? Pursuant to Florida Statutes 733.602, (1) A personal representative is a fiduciary who shall observe the standards of care applicable to trustees. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of the decedent?s will and this code as expeditiousb: and efficiently as is consistent with the best interests of the estate. A personal representative shall use the authority conferred by this code, the authority in. the will, if any, and the authority of any order of the court, for the best interests of interested persons, including creditors.? Fla. Stat. ?7 33.602 (2009). As noted abOVe, pursuant to Rule 5.122 of the Florida Probate Rules, all duties obligations set forth within Florida Statutes ?733.602 are directly applicable to any Curator appointed by Order of the Court. Furthermore, Pursuant to FIOrida Statutes 733.501, any Curator appointed shall be subject to removal and surcharge. The statutory basis for removal of an appointed Curator or Personal Representative are set forth within Florida Statutes 733.504, which states as follows: A personal representative may be removed and the letters revoked for any of the following causes, and the removal shall be in addition to any penalties prescribed by law: (1) Adjudication that the personal representative is incapacitated. (2) Physical or mental incapacity rendering the personal representative incapable of the discharge of his or her duties. In re Estate of Helen M. O?Grady Case 5020120P002908m? Will"? ll. 12. 13. (3) Failure to comply with any order of the court, unless the order has been superseded on appeal. (4) Failure to account for the sale of property or to produce and exhibit the assets of the estate when so required. (5) Wasting or maladministration of the estate. (6) Failure to give bond or security for any purpose. (7) Conviction of a felony. (8) Insolvency of, or the appointment of a receiver or liquidator for, any corporate personal representative. (9) Holding or acquiring con?icting or adverse interests against the estate that will or may interfere with the administration of the estate as a whole. This cause of removal shall not apply to the surviving spouse because of the exercise of the right to the elective share, family allowance, or exemptions, as provided elsewhere in this code. (10) Revocation of the probate of the decedent?s will that authorized or designated the appointment of the personal representative. (11) Removal of domicile from Florida, if domicile was a requirement of initial appointment. (12) The personal representative would not now be entitled to appointment. Fla. Stat. 733.504 (2009) (emphasis added). As denoted below, it is the belief of THOMAS H. MAYES, appointed Personal Representative of the estate of Helen M. O?Grady, that the present Curator, ELIZABETH SAVITT, is 1) presently taking action which is causing detriment and harm to the estate, 2) is placing the appointed Personal Representative, THOMAS H. MAYES, in a precarious position of liability clue to a directed misinformation being fed to him combined with the Curator?s intentional withholding of information pertaining to actions she is performing with estate assets, and 3) as a result of what appears 'to be a newly derived and clear con?ict of interest. To address each of these issues in turn, pursuant to the Order attached hereto as Exhibit the Curator was to ?le her Petition for Discharge and Final Accounting on or before July 31, 2013. Rather than comply with this Order, the Curator and her Counsel, SHERI HAZELTINE, ESQ, ?led on July 16, 2013 two (2) Petitions for Payment of Fees in this action, and two (2) Petitions for Payment of Fees in Case No.: (IX). Same are attached hereto as Composite Exhibit During this period, the Personal Representative requested that the Curator provide an informal accounting of the estate, denoting the present status of the estate?s assets as of July 11, 2013, so that the Personal Representative had a clear picture of those assets which would be subject to administration. See attached Exhibit In re Estate of Helen O?Grady Case No. Ira?. 1 I 14. Despite repeated requests for this information, nothing was provided in response to this request until August 13, 2013, more than a month later. Again, the Personal Representative was denied an up-to-date picture of the assets of the estate of Helen M. O?Grady for more than a month, despite his requests for this information from the Curator, ELIZABETH SAVITT. 15. During the intervening period, the Curator left the County on a two (2) week vacation, and then on August 6, 2013, nearly a week after the time-frame had expired for the ?ling of the Curator?s Petition for Discharge and Final Accounting, the Curator ?led the attached Motion for Extension of Time. See Exhibit 16. Despite objections raised by the undersigned at an inappropriately quick?set uniform motion calendar hearing held on August 8, 2013 to address the merits of the Curator?s Motion, this Court entered the Order attached hereto as Exhibit granting the Curator up through August 30, 2013 to ?le her Petition for Discharge and Final Accounting. This unfortunately stood as the tipping point for numerous unauthorized, unexplained, and wholly actions of the Curator which followed in the subsequent three (3) week period. 17. On August 8, 2013, when this Court entered the Order attached as Exhibit the Court expressly refused to rule on any pending Petitions for Attorney?s fees. However, thereafter somehow an Agreed Order was submitted to the Court, and Entered, which granted two (2) Petitions for Payment of Fees pending in Case No.: (IX). Again, on August 8, 2013, Christopher Salivar, Esq., counsel for the Personal Representative, THOMAS H. MAYES, appeared before this Court, along with ELIZABETH SAVITT and her Counsel, SHERI HAZELTINE, ESQ., and at that time the Court speci?cally stated that it was not hearing all petition for payment of fees. In light of this, the undersigned, and THOMAS H. MAYES, are at a loss as to how this ?Agreed Order? was entered. The undersigned has speci?cally asked the Curator (by and through her counsel, SHERI HAZELTINE, ESQ.) to explain the entry of this Order, but to date the undersigned has received no response whatsoever. 18. Of note, the undersigned did not agree to the entry of any such Order. urtherrnore, the Personal Representative was not in the State of Florida on August 8, 2013, and had in no way indicated to the Curator or her counsel that he was in agreement with the Petitions for Fees ?led by the Curator and her Counsel in Case No.: I (IX). 19. Thereafter, on August 12, 2013, the Curator issued herself a draft ?om Estate Account in the sum of $1,725.00; See Composite Exhibit attached hereto, which is a copy of pages three (3) and four (4) of the Final Accounting ?led by the Curator. Curiously, this payment was supposedly made pursuant to a Court Order dated August 18, 2013. The Personal Representative and the undersigned are unaware of any Order of this Court entered on August 18, 2013 authorizing any such payment, and presume that this is a scrivener?s error, and is meant to reference the improperly obtained Agreed Order entered on August 8, 2013. In re Estate of Helen M. O?Grady Case Na: 5 0201 ?Hurt 20. On August 13, 2013, the Curator issued her counsel a draft ?om Estate Account 21$1,745.36. See Composite Exhibit Again, this payment too is referenced as made pursuant to a Court Order dated August 18, 2013. The Personal Representative and the undersigned are unaware of any Order of this Comt entered on August 18, 2013 authorizing any such payment, and presume that this is a scrivener?s error, and is meant to reference the improperly obtained Agreed Order entered on August 8, 2013. Next, on August 14, 2013, the Curator, ELIZABETH SAVITT, issued herself a draft in the amount of $7,000.00 (denoted on Exhibit as ?Held in Trust?) from Estate Account and as of this date no reason whatsoever has been given for the issuance of this draft. The undersigned has requested, multiple times, an explanation for this action, and no response whatsoever has been given. See attached Exhibit On August 14, 2013, the Curator, ELIZABETH SAVITT, also issued herself a draft in the amount of $13,000.00 (denoted on Exhibit as ?Held in Trust?) ?om Estate Account 34. Again, as of this date no reason whatsoever has been given for the issuance of this draft, and despite the undersigned?s requests, no response has been given to the undersigned?s inquiries regarding this action. See attached Exhibit ?1 Then, on August 22, 2013, the Curator, ELIZABETH SAVITT, issued a draft to her counsel, SHERI HAZELTINE, ESQ, in the amount of $10,000.00 (denoted on Exhibit as ?Held in Trust?) from Estate Account As with the other two (2) August 14, 2013 drafts referenced above, despite repeated requests by the undersigned for an explanation for this action, no response or explanation has been given to date for this payment. . Of note, each and every action set forth above wastaken after the appointment of H. .MAYES as Personal Representative of the estate of Helen M. Q?Grady, and each and every action set forth above was unilaterally; performed by ELIZABETH SAVITT without prior consultation or discussion with the, Personal Representative. Prior to such action being taken, the undersigned conversed via e-mail with counsel for ELIZABETH SAVITT about concerns regarding unilateral action being taken without consultation with the Personal Representative. See Exhibit Thereby, the undersigned was assured that no unilateral action was being taken, or would be taken. Again, see Exhibit This ultimately was not the case, as none of the foregoing actions were discussed with the Personal Representative before same were taken. At this point, and without Court Order authorizing such action, ELIZABETH SAVITT has taken $30,000.00 of estate assets and removed them from the estate?s accounts. She has also precluded any access to these assets by the Court Appointed In re Estate of Helen M. 0 ?Grady Case No.: 5 f-w 28. 29. 30. 31. 32. 33. Personal Representative, and to date the Curator has proffered no explanation whatsoever for such action. This action, without Order of the Court authorizing same, is a direct deprivation of the estate?s property without the Curator possessing any authority to do so, and without the Curator possessing any recognized property interests in the assets taken. This is, by de?nition, an act of conversion. Finally, after taking the foregoing improper and unauthorized action, the Curator ?led (on September 2, 2013, three (3) days after the time-frame set forth within Exhibit her Petition for Discharge and Final Accounting. As part thereof, the Curator and her Counsel have ?led two (2) Petitions for Payment of fees seeking a sum total between them in excess of $1 10,000;00. See Exhibit As the undersigned and the Personal Representative have separately ?led objections to these Petitions denoting the baseless nature of the SHERI HAZELTINE petition, and the apparent unreasonableness of the ELIZABETH SAVITT petition, the undersigned and the Personal Representative will not unnecessarily restate all argument set forth within those Objections here. However, the Personal Representative herein incorporates by direct reference all argument set forth within said Objections. What the Personal Representative will reassert is the complete impropriety of the requests made by the two aforementioned Petitions for Fees. On or about July 16, 2013, the Curator and her Counsel ?led the Petitions for fees attached hereto as Exhibit Therein, ELIZABETH SAVITT requested payment of the time she asserts was reasonably expended in furtherance of the good of the estate at a rate of $150.00 hour (which inexplicably is twice the rate she previously billed as Guardian - of the now-deceased ward). Therein, SHERI HAZELTINE, ESQ. billed at an hourly rate of $325.00 hr, and requested payment for all time she asserted she reasonably expended in furtherance of the good of the estate. Now, by way of Exhibit the Curator and her Counsel have withdrawn their July 16, 2013 Petitions, and assert that they are somehow entitled to a blanket ?fee? each of $55,222.60. Of note, the period of time to be covered by these new blanket ?fees? expressly incorporates the period from March 19, 2013 through July 16, 2013 which was previously covered by the Petitions attached hereto as part of Exhibit The undersigned and the Personal Representative cannot fathom how the Curator, as. a ?duciary of the estate, can honestly claim that she believes that she was previously entitled (as of July 16, 2013) to payment of $6,624.10 as compensation for all services rendered from March 20, 2013 through July 10, 2013, and then at the time subsequently allege that she is now entitled t9 an additional $48,598.50 for any services rendered from July 11, 2013 through September 2, 2013. Equally confusing is how SHERI HAZELTIN E, ESQ, as counsel for the Curator, can previously allege that she believes she is entitled (as of July 16, 2013) to payment of $11,274.16 for all services rendered from March 19, 2013 through July 9, 2013, and then at the same time subsequently allege that she is now entitled to an additional $43,948.44 for any services rendered from July 10, 2013 through September 2, 2013. In re Estate of Helen M. O?Grady Case No. ?~77 A 34. Furthermore, where the Curator was previously communicating ex?parte with the bene?ciaries of the estate of Helen M. O?Grady regarding the need for a Curator in the ?rst place, and where the Curator requested that the bene?ciaries instruct their respective counsel(s) and representatives to allow the Curator to handle interim administration of the estate until such time as the prior will contest matter was concluded in the guise of providing a cost reduction bene?t to the estate (see attached Exhibit the Personal Representative and the undersigned cannot fathom how the Curator honestly believes the recently ?led Petitions are in any way reasonable or appropriate. 35. At this point, it is the Personal Representative?s belief that the foregoing actions are being perpetrated by the Curator and her Counsel solely for the purpose of seeking to maximize their ?nancial gain in connection . with ELIZABETH appointment as Curator for this estate. This is the underlying basis of the Personal Representative?s belief that a present con?ict of interest exists: the Curator?s (and her counsel?s) interest in maximizing the fees generated from the handling-of this estate, playing against the ?duciary duty owed by the Curator and her retained agents to the estate and its bene?ciaries. 36. It is the Personal Representative?s ?rm belief that the foregoing also establishes clear misadministration of estate assets, an act of conversion perpetratedby ELIZABETH SAVITT and SHERI HAZELTINE, ESQ, a violation of the ?duciary duty which ELIZABETH SAVITT owes to the estate and all bene?ciaries thereof, and a clear over-stepping of any authority vested in ELIZABETH SAVITT as Curator of this estate . 37. Furthermore, the foregoing actions have required the Personal Representative to expend his time and effort meeting with the undersigned counsel, and directing the undersigned counsel to take action to prevent and/or remedy the actions of the Curator and her counsel set forth above. This is ultimately time and expense of the estate which is wasted, and which never should have been incurred, and which would not have been incurred but/for the foregoing actions of the Curator and her Counsel. 38. In light of the foregoing, the Personal Representative seeks the entry of an Order of this Court 1) immediately removing ELIZABETH SAVITT as Curator of the estate of Helen M. O?Grady; 2) entering an Order specially setting a hearing to determine the amount of damage(s) sustained by the estate for purposes of the entry of a ?nal judgment of Surcharge against ELIZABETH 3) Directing ELIZABETH SAVITT and SHERI HAZELTINE, ESQ. to immediately return to the Personal Representative of the estate the $30,000.00 sum presently being held by ELIZABETH SAVITT and SHERI HAZELTINE, ESQ, and 4) Reserving jurisdiction over ELIZABETH SAVITT and her retained counsel, SHERI HAZELTINE, ESQ, to enter such other and further Orders as this Court may ?nd just and proper. WHEREFORE THOMAS H. MAYES, as Personal Representative of the estate of Helen M. O?Grady and as a bene?ciary of the estate of Helen M. O?Grady, hereby requests that In re Estate of Helen M. O?Grady Case No.: 5 this honorable Court enter an Order granting THOMAS H. MAYES and the estate of Helen M. O?Grady such relief as this Court may deem just and proper, including but not limited to: 1) Immediately removing ELIZABETH SAVITT as Curator of the estate of Helen M. O?Grady; I AH: 2) Specially setting a hearing to determine the amount of damage(s) sustained by the estate for purposes of the entry of a ?nal judgment of Surcharge against /2 ELIZABETH SAVITT (which shall include all costs and fees incurred by ll, (0 I counsel for the Personal Representative to address the foregoing conduct of a? the Curator and her retained counsel); 3) Directing ELIZABETH SAVITT and SHERI HAZELTINE, ESQ. to immediately return to the Personal Representative of the estate the $30,000.00 sum presently being held by ELIZABETH SAVITT and SHERI HAZELTINE, and 4) Reserving jurisdiction over ELIZABETH SAVITT and her retained counsel, SHERI HAZBLTINE, ESQ., to enter such ether and further Orders as this Court may ?nd just and proper. VERIFICATION OF PETITIONER Under penalties of perjury I declare that I have read the foregoing and the facts alleged are true to the best of my knowledge and belief. a, (L. Executed this Cf day of September, 2013. rum-d ra?OMAs H. MAYES, as: Pennants-r, Personal Represent tive, and Bene?ciary I CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was ?rmished via email to: Sheri Hazeltine, Esq. (counsel for Curator, Elizabeth Savitt) 800 Palm Trail Plaza, Suite 3, Delray Beach, Florida 33483 [sheri@hazeltinelaw.cem; via e-mail to: Stephanie J. Chambers, 1008 Arbor Meadows, Derby, Kansas 67037 [schambers?l comet via e?mail to: Kathleen M. Osterbuhr, 1300 Cre'sthill, Derby, Kansas 67037 and via e?mail to Daniel yes, 3742 NW 5"1 Ave., Boca Raton, FL 33431 [whodawatda@liotmail.ccm] on thisgl?h day of September, 2013. I furthermore certify that Formal Notice of the ?ling of this Petition has been served on all parties named above, with proof of formal notice to timely be ?led with this Court. By: Attorney for Petitioner Counter-Respondent Personal Representative Andrew M. Schwartz, Esq. Florida Bar No.: 821802 In re Estate of Helen M. O?Grady Case No. 5 Fe 1_ ams@amslaw.biz . Christopher S. Salivar, Esq. Florida Bar No.: 0057031 Andrew M. Schwartz, PA. 101 Plaza Real South, Suite 218 Boca Raton, Florida 33432 Telephone (561) 347-6767 Secondmy e?mail addresses.- omp?agamslawbiz . In re Estate of Helen M. O?Grady Case No.: 1117' ET 1 1 HT EXHIBIT IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: THE ESTATE OF HELEN M. Probate Division Case No. (IX) (Previously proceeding in Division 12, but Deceased, ironmrred to Division 1X byway afar: Order of this Court dated January 31, 2013) THOMAS H. MAYES Petitioner/Counter-Respondent, it . . I. ?gs RONALD O. MAYES, Respondent/Counter-Petitioner, and DANIEL MAYES, Respondent. . gig." mil". sa- .6 . ORDER APPROVING AGREEMEQT '4 THIS CAUSE, having come to be considered before this Court on the Parties submission for in camera inspection of a con?dential Mediation Settlement Agreement, and the Court having reviewed same and being otherwise duly advised in the premises, IT IS HEREUPON ORDERED AND ADJUDGBD as follows: ET 1. The Parties? Mediation Settlement Agreement dated I is hereby approved by this Court. 2. All parties obligated to take action pursuant to the Mediation Settlement Agreement are hereby authorized to take such action. 3. Within ?ve (5) days of the entry of this Order, RONALD O. MAYES shall ?le a Notice of Voluntary Dismissalwith Prejudice of all claims which he has and which are pending in this action. 4. Within ?ve (5) days of the entry of this Order, all parties to this action shall execute the General Releases which shall immediately hereafter be circulated by Andrew M. Schwartz, P.A. Elizabeth Savitt, as Curator of the Estate and Guardian for the property of the decedent, is hereby authorized to immediately take such action as is necessary to comply with all payment obligations imposed upon her by the Mediation Settlement Agreement dated 33:14 Min; 6. By way of this Order, the May 19, 2010 will submitted by THOMAS H. MAYES and referenced within the Petition for Administration ?led on June 26, 2012 is hereby admitted to probatethis Order, THOMAS H. MAYES is hereby appointed Personal Representative of the Estate of Helen M. O?Grady, to serve in such capacity and may? l'l Case No. (IX) Pan 2 of; exercise such powers as are authorized by Florida law. Letters of Administration shall hereafter immediately be issued to THOMAS H. MAYES as Personal Representative of the Estate of Helen M. O?Grady. 8. Within ?ve (5) days of the entry of this Order, THOMAS H. MAYES shall ?le his Oath of Personal Representative and Designation and Acceptance of Resident Agent. 9. Within days of the entry of this Order, Elizabeth Savitt, as Curator of the Estate and Guardian for the property of the decedent, shall ?le her Petition for Discharge and Final Accounting. . I 714- (i'drr'r'i Er .r l-j?p? ?pf? It?s (31{an elf} ctr/?2y (3: Mfg/'- ?reworks: TL. IT IS SO DONE AND ORDERED, in Chambers at Pal day ofJuly,2013. The Honorable Edward Garrison h?d 33: an *x Beach Conn Florida, this 1L Jl-fldell hereby entity that the lam II a true copy . In omen. Jami Huber, Esq. Jami L. Huber, P.A., (Counsel for Ronald O. Mayes), 2101 NW Corporate Boulevard, Suite 400, Boca Raton, Florida 33431 Jordan R. Hammer, Esq., (counsel for Daniel Mayes), Clark Skatoff; 2925 PGA Boulevard, Suite . 103, Palm Beach Gardens, Florida 33410 Sheri Hazeltlne, Esq. (counsel for Guardian, Elizabeth slum 800 Palm Trail Plaza, Suite 3, Delray Beach, Florida 33433 . - Stephanie J. Chambers, 1008 Arbor Meadows, Derby, Kansas 67037 - Kathleen M. Osterbuhr, 1300 Cresthill, Derby, Kansas 67037 . I 3 females! (?fwhw?t 6m? amid?: (inc. M50 died; (la/Aadzu?? 7b {551/ fit? 5:72:74 Madge.? 3? 553.5%, Shauna .164. {7'9 5:5 genus/v ?"17 72? lwk' ("has ?'?i?iff?l?m 5a., Tauan am rim a may-fag lam ?n swim wi- ly?cm; Ml. 0o All/la? [inn/mam 7p ?aw/ mayo- 54 (f 5? 5,.m77b at? l. I :1 1 TE EXHIBIT ?nlillm?lH?"f IN RE: THE ESTATE OF IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Probate Division Case No. (IX) (Previously proceeding in Division 12, ?but HELEN M. trans?rred to Division IX by way of an Deceased, Order of this Court dated January 31, 2013) THOMAS H. MAYBS Petitioner/Counter-ReSpondent, :Zn- RONALD O. MAYES, Respondent/Counter-Petitioner, and DANIEL MAYES, Respondent. . Egg; LETTERS 0E ADMNISTRATION 333$;- Tc? El C3 TO ALL WHOM IT MAY CONCERN . WHEREAS, Helen M. O?Grady, a resident of Boca Raton, Palm Beach County, Florida, died on May 29, 2013, owning assets in the State of Florida, and WHEREAS, H. MAYES, has been appointed personal representative of the estate of the decedent and has performed all acts prerequisite to issuance of Letters of Administration in the estate, NOW, THEREFORE, I, the undersigned Circuit Judge, declare THOMAS H. MAYES, to be duly quali?ed under the laws of the State of Florida to act as personal representative of the estate of Helen M. O'Grady, deceased, with power to administer the estate according to law; to ask, demand, sue for, recover, and receive the property of the decedent; to pay the debts of the decedent as far as the assets of the estate will permit and the law directs; and to make distribution of the estate according to the law. ORDERED on this ?1 day of (rt/6 5 Jeff - .h til I myo?ice and the JUDGE EDWARD A. GARRISON By 11SEW 33432 (Counsel for Plaintiff) Case No. (no Rage 1 of2 Jordan R. Hammer, Esq., (counsel for Daniel Mayes), Clark& Skato??, PA. 2925 PGA Boulevard. Suite 103, Palm Beach Gardens, Florida 33410 Sheri Hazeltine, Esq. (counsel for Guardian, Elizabeth Savltt) 800 Palm Trail Plaza, Suite 3, Delray Beach, Florida 33483 Stephanie J. Chambers, 1008 Arbor Meadows, Derby, Kansas 67037 Kathleen M. Osterbuhr, 1300 Cresthill, Derby, Kansas 67037 Case No. sazarchaamsmn (120 Page 2 of 2 EXHIBIT 1 WW1 [3 day?or" rte-'17" ,2013. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA - PROBATE DIVISION: 1v . - File No: IN RE: THE ESTATE OF HELEN M. Deceased 0RDE PETITION-FOR PP INTMENT 0F CURATO THIS MATTER having come before the Court on March 19, 2013 on Daniel W. Maye?s Petition for Appointment of Curator and the Court having heard of counsel and being otherWise fully advised in the premises, it is hereby: ORDERED and ADJUDGED that the Petition for Appointment of Curator is GRANTED. That is appointed as Curator of the estate, and shall serve without bond. The curator is authorized to ask, demand, sue for, recover and receive the property of the decedent; to pay the debts of .the decedent as far as the: assets of the estate will permit .and the law directs; and to inake distribution of the estate.- The curator shall ?le a designation of resident ?agent and oath\Upon such ?ling, letters of curatorship shall issue. W1 IN- . a I and ORDERED in Chambersr?lDe ach, aim Beach County, Florida this dward Garrison Circuit Court Judge Copies ?imished to: Jordan R. Hammer, Esq. Andrew Schwartz, Esq. Jami Huber, Esq. Sheri Hazeltine. Esq. Stephanie Chambers Kathleen Osterbuhr tile EXHIBIT - - .-- @opv IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA DIVISION: 1x IN RE: ESTATE OF CASE NO. HELEN M. . 211$sz 93mg. APEOILITINQ After a hearing held on March 19, 2013 on the issue of appointment of a curator of the estate of HELEN M. deceased, the court ?nding that the decedent died on May 29, 2012 and that ELIZABETH is entitled to appointinent as curator; it is - ADIUDGED that ELIZABETH is appointed curator of the estate of the? decedent, and that upon taking the prescribed oath, ?ling designation and acceptance of resident agent, and entering into bond in the sum of 0- letters of curatorship shall be issued. - - in DelrayBeach, Palm Beach 3, 20? County. Florida. - CIRCUIT JUDGE EDWARD GARRISON Sheri L. Hazeltlne. Esq.. 800 Palm Trail. Ste. 3. Dclray Beach, FL 33483 1 $53 a me a; mum STATE OF FLORIDA - PALM BEACH COUNTY 7, thereby cartll'y that the gnu foregoing ls attue cow the recur um 0F 20:12 :iLj" Err-i GEMPIFIULLER By I 1/ BEPIJTY CLERK EXHIBIT IN THE CIRCUIT COURT FOR THE FIFTEBNTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: ESTATE OF FILE N0.: 5020120P002908ICCGISB HELEN DIVISION: Probate Deceased. PETITION FOR ORDER AUTHMEG PAYMENT OF CQIVIPENSATIONAND OF CURATOR ELIZABETH SAVITT COMES NOW, ELIZABETH SAVITT, by and through her attorney, SHERI L. HAZELTINE, ESQ., and hereby submits this petition for order authorizing payment of compensation and expenses of the curator of the estate of Helen O'Grady. The grounds for this petition are as follows: 1. Petitioner, ELIZABETH was appointed by the ecurt as the emergency temporary guardian of the person and property of HELEN (the now-deceased Ward) on January 11, 2012 and appointed as the permanent plenary guardian of the person and property on April 2, 2012. 2. Helen O'Grady passed away on May 29, 2012, was domiciled in Palm Beach County, Florida, and was survived by one or more lineal" descendants. The guardian of the estate, Ms. Savitt, was appointed curator of the estate on March 26, 2013. 3. The total amounts of all prior fees paid or costs previously awarded to petitioner in this proceeding as curator are: Fees: $0 Coats: $0 4. Petitioner, ELIZABETH SAVITT, has rendered services as curator of the estate and incurred expenses from March 20, 2013 to July 10, 2013, as more fully its-m ?Is?ltad??znf jiabmpm??d? ?ip?m??mti?nif?n I 3; wqw?mmw W?mi?i?g?. andi'?'i??eaifg'gg t?atgsuulilamg'a?nsa?h? '565mE9?*3?i??i?z??vi?mai? ?g ?aw .33.- . 1' is?i?ti9?i?l"??% f. 2:11: fi?i?m -- #313? fi I Savitt Guardians 4101 Satin Leaf Ct. Delray Beach FL 33445 Phone: 561-573-1292 Fax: 561-496-1559 Estate of Helen O'Grady Invoice Date: June 17, 2013 Invoice Number: 10020 Invoice Amount: $5,669.10 Matter: Curator of Estate Curator Fees 3/20/2013 Sign and discuss documents at Hazeltine of?ce, ES. .50 $75.00 3/21/2013 Responce to e?mails from Hazeltine/ Schlatter and ES. .50 $75.00 Salivar, ?ling documents. 3/21/2013 Meeting with S. Hazeltine to discuss curat0rship. ES. .50 $75.00 3/29/2013 Travel to court house to get original documents. ES. .20 $30.00 4/2/2013 Read and respond to emails from Jami Huber re: ES. .50 $75.00 sale of stock and estate values. Filing and inventory work. T.C. to S. Hazeltine re: getting signed letters.- 4/5/2013 E?mail to S. Hazeltine for petition to establish ES. .20 $3 0.00 homestead property and sale. 4/5/2013 Work on inventory and tax preparation. 13.8. 2.20 $330.00 4/5/2013 E-mail to Sheri Hazeltine re: petitions for sale of EB. .30 $45.00 home and early distributions. E?mail to Morgan Stanley for accounting and questions. Payments sent in today. 4/7/2013 . Veri?ed Inventory work continued ES. .40 $60.00 4/8/2013 Travel to PNC Bank to close out account and ES. 1.00 $150.00 transfer assets to. Curator account at Wells Fargo. 4/8/2013 T.C. Wells Fargo re: Kraft and Mondelese 1099's ES. .50 $75.00 and Obtaining documents for Curator. 4/1 012013 T.C. PNC Bank documents ready. Picked up at ES. .50 $75.00 bank. 4/ 1012013 T.C. (2) to Wells Fargo. Scan Letters and Orders of ES. .60 $90.00 Curator to bank. 4/11/2013 E-mail to S. Hazeltine re: distribution and sale of BS. .30 $45.00 Homestead property not in estate. 4/ 12/2013 Meet realtor at O'Grady home. Discuss condition of E.S. 1.50 $225.00 home with Dan. Discuss pricing with realtor. Look over comparables. 9 li? 4/ 15/2013 4/ 17/2013 4/19/2013 5/2/2013 5/6/2013 5/ 13/2013 5/13/2013 5/14/2013 5/14/2013 5/15/2013 5/16/2013 5/19/2013 5/21/2013 5/23/2013 5/23/2013 5/29/2013 5/31/2013 E-mail S. Hazeltine re: meeting at O'Grady home. T.C. Realtor, e-mail previous estimates. Veri?ed Inventory ?nalization. T.C. Tom O'Grady for veri?cation of disbursements. T.C. First Choice Credit Union. T.C. Morgan Stanley for Mondelez totals. Obtain stock prices. Copy all statements and confirm dates. Email to Sheri Hazeltine re: billing at the Boca Raton home. Work on pleading for listing and selling home, and inspection. Reply to e-mails from S. Hazeltine re: scheduling of hearings. E-mail and telephone to Hazeltine office re: UMC set for Tuesday on Motion to inspect home and list for sale. Send taxpayer Id forms to Wells Fargo, billing and ?ling forms to Shareholder Services re: accounts. Read e?mail answers from attorney. Compose e-mail to family members re: estate home. Review correspondence from attorney Hazeltine re: petitions concerning the home, depositions, mediation. T.C. Terry Rasmussen at Morgan Stanley, re: statements. T.C. to Wells Fargo shareholder services. Fill out forms ?'om Wells Fargo holding company for stock power. Sending: orders of curator, 4 stock power forms, and original stock certi?cate insured for 2% of value and traceable postage, voided check for Estate of Helen O'Grady, request for ?nancial con?rmation statements of both accounts, account authorization forms. Travel to Wells Fargo for Medallion signature stamps, and post all. Read and reSpond to E-mail from Sheri Hazeltine re: June 19th special set hearing on Boca Raton Home. T.C. to Computershare re: stock certi?cate. Compose letter of instruction, download forms. Travel to Wells Fargo for veri?cation and medallion stamp.Mail package with court orders, stamped forms, blank check, and instructions, insurance and return card to Computershare. T.C. S. Hazeltine re: Review request from J.Huber for HJPAA signatures sent from S. Hazeltine. Receive letter from Computershare, travel to Wells Fargo for additional bank stamp needed. . Receive additional forms from Wells Fargo, travel to bank for additional medallion stamp. Send all mail back. Furnish Billing for Home to S. Hazeltine for Petition 4 ES. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. ES. ES. ES. .20 6:50 .20 .50 .30 .50 .50 .50 .20 2.80 .20 1.00 .20 .60 .60 .40 $30.00 $60.00 $975.00 $30.00 $75.00 $45.00 $75.00 $75.00 $75.00 $30.00 $420.00 $30.00 $150.00 $30.00 $90.00 $90.00 $60.00 illii?i' 5/31/2013 5/31/2013 6/5/2013 6/11/2013 SUBTOTAL: Costs 5/1 8/2013 5/21/201 3 SUBTOTAL: for instructions. Signed I-IIPAA forms for Ron O'Grady. E.S. Received mail and ?ling. E.S. Furnish information on Helen requested by Jami E.S. Huber. Mediation E.S. Postage for stock forms and 2% insurance for Stock Certi?cate. Postage for Computershare plus insurance. .30 $45.00 .30 $45.00 .15 $22.50 11.00 $1,650.00 37.05 $5,557.50 $67.30 $44.30 $1 1 1.60 TOTAL: $5,669.10 PREVIOUS BALANCE DUE: $0.00- CURRENT BALANCE DUE AND OWING: $5,669.10 i Him/Fur Savitt Guardians 4101 Satin LeafCt. Delray Beach FL 33445 Phone: 561-573-1292 Fax: 561-496-1559 Account Statement Prepared for Estate of Helen O'Grady Re: Curator of Estate Previous Invoice Amount Last Payment Received Previous Balance Current Charges Total Due $5,669. 10 $0.00 $5,669.10 $1,005.00 $6,674.10 Savitt Guardians 4101 Satin Leaf Ct. Delray Beach FL 33445 Phone: 561?573-1292 Fax: 561-496-1559 Estate of Helen O'Grady Invoice Date: July 10, 2013 Invoice Number: 10023 Invoice Amount: $1,005.00 Matter: Curator of Estate 6/19/2013 T.C. Sheri Hazeltine re: settlement agreement and ES. .30 $45.00 hearing today. E-mail and receive e-mail re: same. Discuss 10 day time frame for completion. Setting for UMC on 6/27. 6/19/2013 Review e-mails concerning settlement. ES. .20 $30.00 6/19/2013 Print and send payment to Mediator less Ron Mayes ES. .10 $15.00 share. 6121/2013 Receive and review agreement. E?mail to S. 13.8. - .50 $75.00 . Hazeltine with additions. 6/24/2013 e-Mail to S. Hazeltine re: agreement. ES. .20 $30.00 6/27/2013 Read and respond to e-mails re: agreement ES. .40 $60.00 7/2/2013 Read and respond to e-ma'ils re: Having payment ES. .60 $90.00 ready for the July I 1th deadline, and hearing date. Review agreement and respond. 714/2013 E-mail response to S. Hazeltine re: settlement ES. .20 $30.00 agreement 7/5/2013 T.C. Morgan Stanley, execute trade of Phillip Morris ES. .40 $60.00 for payment to Ron Mayes on July 11. 1,145 shares 87.7577. Discuss timing of ?xture trading, to raise ?mds. . 7/8/2013 Reading of letters from Kathleen and Stephanie ES. .30 $45.00 objecting to Global Settlement. 7/9/2013 Prepare answer to letters, review agreement for ES. .40 $60.00 meeting with S. Hazeltine. 7/10/2013 Receive and read through e-mails on status of the ES. 1.00 $150.00 home. T.C. Morgan Stanley re: statements and payments. Prepare for hearing. 7/10/2013 T.C. S. Hazeltine re: hearing for settlement. ES. .70 $105.00 7/10/2013 T.C. Computerserve re; account statements not ES. .40 $60.00 7 ?11111211? received. 7/10/2013 Attend settlement hearing SUBTOTAL: Costs SUBTOTAL: . 13.8. 1.00 $150.00 6.70 $1,005.00 $0.00 TOTAL: $1,005.00 PREVIOUS BALANCE DUE: $5,669.10 CURRENT BAIANCE DUE AND OWING: $6,674.10 1 1C OFSE ICE I hereby certify that a true copy of this Petitign f9: Qrder Authorizing Payment of Com ensatiun and Ex ense tor with attached mm, copy of invoices for Curator?s fees and expenses ?'om Elizabeth Sevitt, was served via E~Serviee on tl?s??-th day of July, 2013 to the parties, attorneys, and/or persons of interested on the attached Service]::t. WW S?e? L. Hazeltine, Esq. Florida Bar No. 0674567 In- "Fr; I mm: In. Raj:- Q-?Gira; case Na; 50201209002510 '?h?i?f99h?; Salk?; 1.339%- mt Eliza-Rial, Suite 5271?s? 51mm. 334.32 a HEM 511.313 t} 4?31" um 11;: "i-?r?b?zt-J Ib?i'da? Emma; Hag. Amway for Dm?eiymyesv IRainm??agsh?afd?nggl?a??a: sans-10.. . Imi- Hubm Em.- anajl? Mam; 509 Wm?Pia'lmBea??, EL 3-3401 Mm 1.123%: It L'399'5gsthilli. I 1199:1333 52913-7" ?m?t?rb 311114. @?pylgia jib?; IF WW by IN THE CIRCUIT COURT FOR THE IFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: ESTATE OF FILE NO.: HELEN DIVISION: Probate Deceased. FOR 0RD AYMENT OF FEES AND EXPENSES Petitioner, Sheri L. Hazeltine, Esq. alleges: 1. Petitioner is an attorney engaged in the practice of law in Palm Beach County and elsewhere in the State of Florida. 2. Petitioner is the attorney for ELIZABETH SAVITT, Curator and guardian for the now-deceased Ward, HELEN Mrs. O'Grady died testate on May 29, 2012, was domiciled in Palm Beach County, Florida, and was survived by one or more lineal descendants. The guardian of the estate, ELIZABETH was appointed curator of the estate on March 26, 2013. 3. To-date petitioner has rendered legal services for the bene?t of the estate, from March 19, 2013 to July 9, 2013, as more fully described and set forth in the itemized scheduled of services and expenses attached hereto as Exhibit A, for which petitioner has not been paid yet. 4. Petitioner?s records indicate that during the period of time above mentioned 46.50 attorney hours and 7.25 paralegal hours have been devoted to the representation of ELIZABETH as curator in the estate of Helen O'Grady. 5. Based upon the criteria established by Section 733.6171 of the Florida Probate Law, petitioner believes that a reasonable fee for the services performed by the petitioner during that period of time is: w? Hourly rate: 325.00 Atty. Hours worked: 46.80 Paralegal rate: 3 120.00 Paralegal Hrs. workedz$ 7.25 Total fees: 11,261.50 Total costs: 12.66? Total amount of Fees and Compensation: $11,374.16 WHEREFORE, Sheri L. Hazeltine, Esq. respectfully requests that this Court enter an Order awarding attorney fees and expenses provided on behalf of the and made payable from the probate estate. Under penalties of perjury I declare that have read the foregoing, and the facts alleged are true to the best of my knowledge and belief. DATED this 10th day of July, 2013 at Delray Beach, Florida. L. HAZELTINE ASSOCULTES, P.A. By: Sheri L. Hazeltine, Esq. Florida Bar No. 0674567 sheri@hazeltinelaw.com 800 Palm Trail Plaza, Ste. 3 Delray Beach, Florida 33483 (561) 243-4655 (of?ce) (561) 243-6933 (fax) I HEREBY CERTIFY that a true and comet copy of this Petition for Attorneys Fees and Costs has been ?tmished via am on this lath day of July, 20l3 to the following parties or persons of interest listed on the attached Seryjce List. L. HAZELTINE P.A. By: - Sheri'L. Hazeltine, Esq. Florida BarNo. 0674567 r?r-?l?rt 1 I: