Filing 42632229 E-Filed 06/12/2016 11:08:32 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 5020 Division: IN RE: GUARDIAN SHIP OF FRANCES BERKOWITZ MOTION FOR REHEARING OF OMNIBUS ORDER Petitioners, WILLIAM WEBSTER MILLSAPS (?Millsaps?) and DONNA GREENSPAN SOLOMON (?Solomon?) (together, ?Petitioners?), pursuant to Florida Rule of Civil Procedure 1.530, hereby move for rehearing of the Omnibus Order On Motion to Dismiss Petition for Removal of Guardian, Motion to Strike Request for Notices and Copies of Pleadings, Motion for Attorney?s Fees and Petition to Vacate Settlement of Underlying Actions and to Set Aside Dismissals Based on Fraud on the Court in Failing to Obtain Court Approval for Settlement (?Omnibus Order?), entered on May 27, 2016, following a hearing on May 16, 2016, and in support thereof state as follows: 1. The Omnibus Order granted in part and denied in part a Motion to Dismiss Petition for Removal of Guardian, Elizabeth Savitt (?Motion to Dismiss Petition for Removal of Guardian?) and a Motion to Strike Request for Notices and Copies of Pleadings (?Motion to Strike?) ?led by ELIZABETH SAVITT (?Savitt? or ?Guardian?), as Limited Guardian of the Person and Property of FRANCES BERKOWITZ (the ?Ward? or ?Mrs. Berkowitz?). 2. The Omnibus Order also dismissed with prejudice, based on a lack of standing, Petitioners? Petition to Vacate Settlement of Underlying Actions and to Set Aside Dismissals Based On Fraud On the Court in Failing to Obtain Court Approval For Settlement (?Petition to FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 06/12/2016 11:08:32 PM Vacate 3. At the May 16, 2016 hearing, Savitt made misrepresentations to the Court, through her attorney, Ellen S. Morris. Speci?cally, Savitt falsely advised the Court, through her attorney, that the settlement agreement that she had entered into on behalf of the Ward (?Settlement Agreement?) had been properly authorized by the Court. 4. Section 744.387 (?Settlement of claims?) requires a guardian to petition the Court for authorization before ?nalizing a settlement on behalf of the ward. The petition state ?the facts of the claim, question, or dispute and the proposed settlement? (hereinafter, the ?Guardian?s Mandatory Disclosure Petition for Court Approval of Settlement?). 5. Upon information and belief, Savitt never provided the Guardian?s Mandatory Disclosure Petition for Court Approval of Settlement. 6. The Settlement Agreement is annexed hereto as ?Exhibit and the clerk?s docket from the instant action (?Docket?) is annexed hereto as ?Exhibit 7. Notably, the Settlement Agreement does not contain the requisite court approval or mention authorization from the Court as a condition precedent. Further, the Docket lacks any indication that the Guardian?s Mandatory Disclosure Petition for Court Approval of Settlement was ever filed. 8. Without the Mandatory Disclosure Petition for Court Approval of Settlement, the Court could not have validly approved the Settlement Agreement according to Florida Law. 9. At the May 16, 2016 hearing, Savitt sat next to Attorney Morris at counsel table. Savitt knew or should have known that Attorney Morris?s representation to the Court that the Settlement Agreement had been authorized by the Court was categorically false. Nevertheless, The Omnibus Order also denied Savitt?s Motion for Attorney?s Fees. Savitt never attempted to correct her attorney?s misstatements to the Court on her behalf. 10. Savitt?s Motion to Dismiss Petition for Removal of Guardian and Motion to Strike also contain misstatements. Both Motions state that Savitt?s lawsuit against Petitioners (?Lawsuit?) is being prosecuted on a contingency basis ?causing absolutely no expense to the Ward.? While Savitt?s attorney might be handling the Lawsuit on a contingency basis, Savitt herself has been charging fees to the Ward in connection with the Lawsuit. (See yellow highlighting on Savitt?s petition for compensation annexed hereto as ?Exhibit Thus, Savitt?s statement to the Court that the Lawsuit is causing ?absolutely no expense to the Ward? is, again, categorically false. 11. Moreover, Petitioners have ?led motions pursuant to section 57.105, Florida Statutes (?57.105 Motions?), against Savitt, as Guardian, for her baseless Lawsuit against Petitioners. Despite several attempts after a full year since the Lawsuit was ?led, Savitt has failed to state a cause of action suf?cient to survive a motion to dismiss. Unfortunately, any award on Petitioners? 5 7.105 motions may impact the ?nances of the Ward, rather than Savitt, despite Savitt?s recklessness and greed in ?ling the baseless Lawsuit to begin with, in a clear attempt to increase fees by pursuing unnecessary litigation. 12. In fact, Savitt has a long history of complaints in connection with pursuing unnecessary litigation to increase her fees. The Palm Beach Post has just published another article, titled ?Judge?s wife facing more complaints about guardianship fees? in their series, ?Guardianships: A Broken Trust,? a copy of which is annexed hereto as ?Exhibit 13. The Court found that Petitioners have standing to challenge the initial appointment of Savitt as Guardian, but not the actions taken by Savitt as Guardian. Thus, the Omnibus Order essentially grants Petitioners a ?partial? or ?limited? type of standing. 14. However, there does not appear to be any case law or other authority to support such a partial or limited standing in a guardianship case. In fact, the case law presented to the Court at the May 16, 2016 hearing indicates that ?standing? is an ?either-or? proposition: a person either has standing or the person does not have standing. 15. Further, the issue of Petitioners? standing should not have been determined without an evidentiary hearing as to whether the relationship between Petitioners and Mrs. Berkowitz was suf?cient to give Petitioners standing in this guardianship proceeding. Petitioners have asserted standing based on their relationship with Mrs. Berkowitz. Not only were they Mrs. Berkowitz?s counsel, but they obtained the very guardianship at issue. Further, Petitioner Millsaps has asserted a close personal relationship with Mrs. Berkowitz and her deceased husband. See, Ramurmo v. erranova, So. 2d, 2007 WL 2480980 (Fla. 4th DCA Sept. 05, 2007); Demello ex rel. Jerome Adams Trust, Irene V. Adams Trust v. Buckman, So.2d, 2008 WL 2906652 (Fla. 4th DCA Jul 30, 2008); Faerber v. D.G., 2006 WL 287322 (Fla. 2d DCA Feb 08, 2006) (trial court erred in making factual determinations without evidentiary hearing). 16. The Omnibus Order is inherently contradictory. If Petitioners show that the appointment of Savitt as Guardian was improper or the result of fraud at the outset, then it is inconsistent for her actions as an improperly appointed Guardian to be immune from challenge especially from parties such as Petitioners, who have standing to challenge her initial appointment. 17. Moreover, the Omnibus Order holds that Petitioners have standing with respect to ?any matter? pertaining to the Lawsuit. However, the Omnibus Order also holds that Petitioners do not have standing with respect to the litigation underlying the Lawsuit (?Underlying Litigation?). This again is contradictory. 18. In the Lawsuit, Savitt alleges that Petitioners charged Mrs. Berkowitz excessive attorney?s fees in the Underlying Litigation. However, those attorney?s fees were recoverable in the Underlying Litigation, until Savitt acting as Guardian settled the Underlying Litigation, without authorization, and without recovering the attorney?s fees that Savitt now claims as excessive in the Lawsuit. Thus, there is a direct nexus between the settlement of the Underlying Litigation and the claims asserted in the Lawsuit against Petitioners. 19. Since the Omnibus Order holds that Petitioners have standing with respect to ?any matter? pertaining to the Lawsuit, and since the settlement of the Underlying Litigation directly pertains to and impacts the Lawsuit, it follows that Petitioners have standing with respect to the settlement of the Underlying Litigation. However, the Omnibus Order contradictorin holds that Petitioners do not have standing with respect to the settlement of the Underlying Litigation. 20. If Mrs. Berkowitz herself had terminated Petitioners as her counsel and settled the Underlying Litigation for pennies on the dollar (giving up her claim to attorney?s fees) after directing aggressive litigation for some 18 months, she would have been estopped from claiming that Petitioners? fees were ?excessive.? Here, the Guardian stood in the shoes of the Ward and settled the Underlying Litigation for pennies on the dollar yet, the Guardian?s inexplicable position is that Petitioners do not have ?standing? to counter-claim against the Guardian or the Ward. This is a manifestly unfair and unreasonable position: it was the Guardian?s decision to settle the Underlying Litigation and forever bar the Ward?s recovery of attorney?s fees. 21. In order for a party to have standing in a guardianship case, that party must be an ?interested party.? Section Florida Statutes, de?nes an ?interested party? as any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved. Petitioners are unquestionably affected by whether or not the Guardian properly settled the Underlying Litigation. The Court should have an evidentiary hearing on this issue before denying standing to Petitioners as interested parties. 22. In sum, the Omnibus Order should be vacated with respect to the dismissal with prejudice of the Petition to Vacate Settlement, and with respect to the ?nding of a lack of standing by Petitioners to challenge Savitt?s actions as Guardian. At the very least, a decision on Petitioners? standing to challenge the Settlement and Savitt?s actions as Guardian should be abated until Petitioners have had an opportunity to show that Savitt was improperly or fraudulently appointed as Guardian in the ?rst instance. WHEREFORE, Petitioners respectfully request that this Court enter an order vacating the Omnibus Order with respect to the dismissal with prejudice of the Petition to Vacate Settlement, and with respect to the finding of a lack of standing by Petitioners to challenge Savitt?s actions as Guardian, and for all and other relief that the Court deems appropriate under the circumstances. Respectfully Submitted, By: Donna Greenspan Solomon DONNA GREENSPAN SOLOMON Florida Bar No.: 59110 Donna@30lomonAppeals.com SOLOMON APPEALS, MEDIATION ARBITRATION 901 South Federal Hwy, Ste. 300 Ft. Lauderdale, FL 33316 Telephone: 561-762-9932 WEBB NIILLSAPS Florida Bar No: 0032414 webb@webmillsapslawcom WEBB MILLSAPS LAW FIRM, PA 160 West Camino Real, #190 Boca Raton, FL 33432 Telephone: (561) 900-7238 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served via ?ling through the Florida e-?ling portal on Ellen S. Morris, Esq., Attorney for the Guardian, Elizabeth Savitt, Elder Law Associates, P.A.. 7284 W. Palmetto Park Road, Ste. 101, Boca Raton, FL 33433, on this 12th day of June, 2016. By: Donna Greenspan Solomon DONNA GREEN SPAN SOLOMON SETTLEMENT AGREEMENT This Settlement Agreement (the ?Agreement?) is being entered into on this day of May, 2015. The parties to the Agreement are: ELIZABETH SAVITT, as Guardian for FRANCES BERKOWITZ, individually and as personal representative of the Estate of erry Berkowitz, - and - NEW YORK COMMUNITY BANK - and PRESTIGIOUS LIFECARE FOR SENIORS LLC, ilk/a PL Firm, LLC - and PRINCELLA LEWIS, an individual Elizabeth Savitt, New York Community Bank Prestigious Lifecare for Seniors LLC ("Prestigious Lifecare"), and Princella Lewis ("Lewis") are sometimes referred to hereafter collectively as the ?Parties? and individually as a ?Party.? WHEREAS, Princella Lewis is the owner and manager of Prestigious Lifecare; WHEREAS, Prestigious Lifecare maintains two bank accounts at NYCB. with account numbers ending in and respectively (collectiVely, the "Disputed Accounts?); WHEREAS, Frances Berkowitz was the wife of Jerry Berkowitz, who died on July 10, 2013, with Frances Berkowitz becoming appointed as personal representatiVe of Jerry Berkowitz's estate; WHEREAS, prior to the death of Jerry Berkowitz, Jerry Berkowitz and Frances Berkowitz ?led a lawsuit in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida against Prestigious Lifecare and Princella Lewis (the Lawsuit") alleging, among other things, that Jerry Berkowitz and Frances Berko'witz Were entitled to possession of ?mds in the DiSputed Accounts, which case remains pending as Case No. 2013- WHEREAS, after the death of Jerry Berkowitz, Frances Berkowitz, individually and as personal representative of the Estate of Jerry Berkowitz, filed a lawsuit in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida against NYCB (the "Negligencc Lawsuit") alleging, among other things, that Frances Berkowitz and the Estate of Jerry Berkowitz were entitled to possession of fonds in the Disputed Accounts, which case remains pending as Case No. EXHIBIT A . WHEREAS, in the Negligence Lawsuit, Frances Berkowitz also asserted claims against NYCB based 0n allegations that NYCB committed negligence and other improper conduct with reapect to the Disputed Accounts; WHEREAS, NYCB has been noti?ed of other possible claims by other third parties to funds held in the Disputed Accounts; WHEREAS, NYCB has frozen all funds maintained in the Disputed Accounts; WHEREAS, on January 16, 2014, NYCB filed an interpleader lawsuit against Prestigious Lifecare and Frances Berkowitz, individually and as personal representative of the Estate of Jerry Berkowitz, in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida (the "lnterpleader Lawson"), by which interplead funds in the amount of $268,544.50 (the "lnterplead Funds"), which represented all funds in the Disputed Accounts that were traceable to Jerry Berkowitz and Frances Berkowitz, with the Interpleader Action remaining pending as Case No. WHEREAS, Frances Berkowitz, individually and as personal representative of the Estate of Jerry Berkowitz. filed an Answer and Af?nnative Defenses to Complaint in Interpleader. and Counterclaim (the "Interpleader Counterclaim") which asserted counterclaims against NYCB in the lnterpleader Lawsuit; WHEREAS, on January 7, 2015, Elizabeth Savitt was appointed as the Guardian of Frances Berkowitz in Case No. pending in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida; .. WHEREAS, Elizabeth Savitt, as Goardian for Frances Berkowitz, individually and as personal representative of the Estate of Jerry Berkowitz, has been substituted in as a party to the PL Lawsuit, the Negligence Lawsuit, and the lnter-pleader Lawsuit in the place of Frances Berkowitz; WHEREAS, pursuant to an Order of the Court in the Interpleader Action dated February 26, 2015, NYCB disbursed $100,000.00 of the lnterplead Funds to Frances Berkowitz in the care of Elizabeth Savitt; WHEREAS, pursuant to? her appointment as Guardian for Frances Berkowitz, Elizabeth Savitt has full authority to settle all claims at issue in the PL Lawsuit, the Negligence Lawsuit, and the Interpleader Lawsuit; WHEREAS, NYCB denies any and all wrongdoing and any and all liability to Frances Berkowitz and to the Estate of Jerry Berkowitz; WHEREAS, Princeila Lewis and Prestigious Lit?ecare deny any and all Wrongdoing and any and all liability to Frances Berkowitz and to the Estate of Jerry Berkowitz; WHEREAS, "Berkowitz" as used in this Settlement Agreement shall hereinafter refer to "Elizabeth Savitt, as Gnardian for Frances Berkowitz, both individually and as personal representative of the Estate of Jerry Berkowitz"; -2- WHEREAS, the Parties, each of whom is represented by counsel, recognize their respective rights and obligations, and are desirous of settling fully and ?nally the following: the PL Lawsuit; (2) the Negligence Lawsuit; (3) the lnterpleader Lawsuit; (4) all claims and counterclaims which were asserted by any of the Parties in the PL Lawsuit, the Negligence Lawsuit, and/or the lnterpieader Lawsuit; and (5) any and all claims and/or rights of any kind that any of the Parties may possess against each other relating to any other matters whatsoever (the ?Settled Claims?); WHEREAS, prior to signing this Agreement, each Party had an opportunity to and in fact has had counsel review this Agreement and explain that Party?s rights and obligations under this Agreement; WHEREAS, the Parties have signed this Agreement of their own free will and volition, with the full recognition and understanding of their rights and obligations under this Agreement, NOW, THEREFORE, for and in consideration of the following COVenants and agreements, or other valuable consideration, the receipt and suf?ciency of which are hereby acknowledged and conclusively established, the Parties covenant and agree as follows: i. Recitals: All parties represent and warrant that the foregoing recitals are true and correct. The foregoing recitals are expressly incorporated into this Agreement. 2. Nothing in this agreement to Act as Admission by Any Para: Neither this Agreement nor anything in it shall act as or constitute an admission by any Party that such Party, or any of such Party's respective past or present of?cers, directors, shareholders, agents, employees, independent contractors, agents, accountants or attorneys, committed any wrongful act, or violated or breached the terms of any agreement or any duty owed to any other Party, whether statutory or otherwise. 3. Settlement of Lawsuit and All Other Claims Possessed by the Parties: in full and ?nal settlement of: the PL LaWSuit; (2) the Negligence Lawsuit; (3) the Interpleader Lawsuit; (4) all claims and counterclaims which were asserted by any of the Parties in the PL Lawsuit, the Negligence Lawsuit, and/or the Interpleader Lawsuit; and (5) any and all claims and/or rights of any kind that any of the Parties may possess against each other relating to any other matters whatsoever, the Parties agree as follows: The Parties, through their counsel in the interpleader Lawsuit, within seven (7) days of the execution of this Agreement by all Parties, shall execute and tile with the Court in the Interpleader Lawsuit a Joint Stipulation for Dismissal with Prejudice of Counterclaims and for Entry of Consent Final Judgment in the form attached hereto as Exhibit Within thirty (30) days of the Court's entry of the Consent Final Judgment in the lnterpleader Lawsuit, NYCB shall disburse to Berkowitz the amount of $161,000.00 (the ?Disbursement Payment") from the remaining Intenplead Funds, as provided in the Court's Consent Final Judgment; .. - . Berkowitz and NYCB, through their counsel in the Negligence Lawsuit, within seven (7) days of the execution of this Agreement by all Parties, shall execute and ?le with the Court in the Negligence Lawsuit a Joint Stipulation and Notice of Dismissal with Prejudice ofAll Claims in the form attached hereto as Exhibit Berlcowitz and Prestigious Lifecare, through their counsel in the PL Lawsuit, within seven days (7) days of the execution of this Agreement by all Parties, shall execute a Joint Stipulation and Notice of Dismissal with Prejudice of All Claims for the PL Lawsuit in the form attached hereto as Exhibit Prestigious Lifecare represents and warrants that it will obtain the agreement of Glenn Ricardo Miller to and the signature of Glenn Ricardo Miller?s counsel on the Joint Stipulation and Notice of Dismissal with Prejudice of All Claims attached hereto as Exhibit After obtaining the signallire of Glenn Ricardo Miller's counsel on the Joint Stipulaticn and Notice of Dismissal with PrejudiCe of All Claims, and no later than ten (10) days after the execution of this Agreement by all Parties, Prestigious Lifecare shall ?le the Joint Stipulation and Notice of Dismissal with Prejudice of All Claims with the Court in the PL Lawsuit. The Parties agree to and do hereby effectuate the releases contained in paragraphs 4, 5, and 6 of this Agreement. 4. Release from to NYCB: Elizabeth Savitt, as Guardian for and on behalf of Frances Berkowitz. individually and as personal representatiVe of the Estate of Jerry Berkowitz, hereby remises, releases, acquits, satis?es and foreVer discharges NYCB (including each of NYCB's respective past and present affiliates, parent companies, of?cers. partners, employees, members, managers, shareholders. agents, investors. lenders or lender representatives, real estate brokers or real estate agents, attorneys, successors, heirs, administrators, executors, and assigns, all of the foregoing hereinafter collectively referred to as the Releasees?), of and from? any and all, and all manner of, claims, actions, causes of action, suits, debts, sums of money. a'ceount's, reckonings, contracts, controversies, agreements, promises, damages, and demands whatsoever, in law or in equity, which Frances Berkowitz or the Estate of Jen?y B'erkowitz had 0r now has, or whiCh any successor or assign of Frances Berkowitz or the Estate of Jerry Berkowitz herea?er can, shell or may have, against any of the NYCB Releasees for, upon, or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the date of this Agreement, whether known or unknown, direct or indirect, vested or contingent. Without limiting the generality of the feregoing, this Release includes the release of any and all claims, rights, and causes of action, of any type or kind whatsoever, which were or could have been raised or asserted by Frances Berko'witz or the Estate of Jerry Berkowitz against the NYCB Releasees in the Negligence Lawsuit and/or the lnterpleader Lawsuit. Nothing in this Release or any other part of this Agreement constitutes or effects a release of any claims or rights that Berkowitz? possesses against any of the attorneys that represented Frances Berkowitz in the Inter-pleader Lawsuit, the Negligence Lawsuit, or the PL Lawsuit. 5. Release from Prestigious Lifeearc to NYCB: Prestigious Lifecare hereby remises, releases, acquits, satis?es and forever discharges NYCB (including each of NYCB's respective past and present affiliates, parent companies, officers, directors, partners, employees, members, managers, shareholders, agents, inVestors, lenders or lender representatiVes, real estate -4- brokers or real estate agents, attorneys, shocessors, heirs, administrators, executors, and assigns, all of the foregoing hereinafter collectively referred to as the Releasees?), of and from any and all, and all manner of, claims, actions, causes of action, suits, debts, sums of money, accounts, reckonings, contracts, controversies, agreements, promises, damages, and demands whatsoever, in law or in eduity, which Prestigious Lifecare had or now has, or which any successor or assign of Prestigious Lifecare hereafter can, shall or may have, against any of the NYCB Releasees for, upon, or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the date of this Agreement, whether lmown or unknown, direct or indirect, vested or contingent. 6. Release front Princolla Lewis to NYCB: Lewis hereby remises, releases, acquits, satis?es and forester discharges NYCB (including each of NYCB's respective past and present affiliates, parent companies, officers, directors, partners, employees, members, managers, shareholders, agents, investors, lenders or lender representatives, real estate brokers or real estate agents, attorneys, successOrs, heirs, administrators, exaoutors, and assigns, all of the foregoing hereinafter collectively referred to as the Releasees?), of and from any and all, and all manner of, claims, actions, causes of action, suits, debts, sums of money, accounts, reckonings, contracts, controversies, agreements, promises, damages, and demands whatsoever, in law or in equity, which Lewis had or now has, or which any successor or assign of Lewis hereafter can, shall or may have, against any of the NYCB Releasees for. Upon, or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the date of this Agreement, whether known or unknown, direct or indirect, vested or contingent. 7. Unfreezing of Disputed Accounts and Indemnitj: NYCB shall unfreeze the amOUnts remaining in the Disputed Accounts and allow Prestigious Lifecare to withdraw all such amounts from the Disputed Accbunts within ten (10) days of the date that all of the following have occurred: (I) the Disbursement Payment has been made as provided in paragraph of this Agreement and the Consent Final Judgment: (2) the Court in the Negligence Lawsuit has entered the Final Order of Dismissal with Prejudice requested in the Joint Stipulation and Notice of Dismissal with Prejudice of All Claims provided for in paragraph 3(c) of this Agreement; and (3) the Court in the PL Lawsuit has entered the Final Order of Dismissal of All Claims with Prejudice requested in the Joint Stipulation and Notice of Dismissal with Prejudice of All Claims provided for in paragraph 3(d) of this Agreement. Prestigious Life and Princella Lewis,jointly and severally, hereby agree to indemnify NYCB and hold NYCB harmless for any and all claims that may at any time be brought by any person seeking possession of any funds that are alleged to have ever been held in the Disputed Accounts. 8. Closing of Accounts: Within forty-?ve (45) days of the date that NYCB unfreezes the amounts remaining in the Disputed Accounts as provided in paragraph 7 of this Agreement, Prestigious Lifecare shall withdraw all funds from the DiSputed Accounts. Upon the withdrawal by Prestigious Lifecare of all of the funds in the Disputed Accennts, NYCB shall close the Disputed Accounts. if Prestigious Lifec'are does not withdraw all funds from the Disputed Accounts within forty-?ve (45) days of the date that NYCB unfreezes the amounts remaining in the Disputed Accounts, NY CB shall be entitled on its own accord to pay all of the amounts remaining in the Disputed Accounts to Prestigious Lifecare in certified funds made payable to Prestigious Lifecare for Seniors LLC and delivered to the care of Prestigious Lit?ecare's counsel, Bruce 8; RoSenwater, Esq., i601 Forum Place, Suite 6l0, West Palm Beach. Florida 3340], and NYCB shall thereafter close the Disputed Accounts. 9. Attorneys? Fees: The Parties agree that each of them will be responsible for paying their own attorneys? fees, costs and expenses arising out of or Connected with the PL Lawsuit, the Negligence Lawsuit, and the Interpleader Lawsuit, including but not limited to the preparationand execution of this Agreement. Paragrth Headings: The headings of the paragraphs of this Agreement are inserted only for the purpose of convenience of reference, and the Parties recognize and agree that these headings may not adequately 0r accorately describe the contents of the paragraphs which they head. Such headings shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning. or intent of the provisions of this Agreement Or any part or portion thereof, nor shall they otherwise be given any legal effect. It. Parties: This Agreement, as well as the obligations created and the bene?ts conferred hereunder, shall be binding on and inure to the benefit of the Parties as well as their personal representativos, heirs, successors, assigns, and past and present attomeys, accountants, and insurers. Each Party hereby represents and warrants, with respect to all of the Settled Claims, that: no other person or entity is entitled to assert any such claims against any other Party; and no Party has assigned, transferred, hypothecated, or in any other way disposed of all or any portion of any of the Settled Claims. 12. No Other Pending Matters. The Parties each af?rm that they have not ?led or caused to be ?led, and, except for the Lawsuit, are not presently a party to, any claim, complaint, legal proceeding, or other action against each other. 13. Authority: Each person signing this Agreement on behalf of a Party represents and warrants that he or she has full power and authority to enter into this Agreement and to fully, completely, and ?nally settle the Settled Claims. Enforcement Action: The Parties agree that in the event any Party brings an actit'm to enforce any of the provisions of this Agreement, the Party or Parties prevailing in any such action shall be entitled to recover, and the losing Party or Parties shall be obligated to pay, the reasonable attorneys? fees and costs incurred in such proceeding, including any attorneys? fees and costs incurred in any appellate proceedings. THE PARTIES AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ENFORCEMENT PROCEEDING, ACTION, OR LITIGATION ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS AGREEMENT. 15. Entire Agreement: THE PARTIES ACKNOWLEDGE THAT THIS AGREEMENT CONTAINS THE FULL AND COMPLETE AGREEMENT BETWEEN AND AMONG THEM, AND THAT .THERE ARE NO ORAL OR IMPLIED AGREEMENTS OR UNDERSTANDIN GS NOT. SPECIFICALLY SET FORTH HEREIN. Each Party acknowledges that no other Party, or agent or attorney of any other Party, or any person, firm, corporation or any other entity has made any promise, representation, or warranty, whatsoever, eXpres's, implied, or statutory, not contained herein, concerning the subject matter .6- Id. I?a herml'. tn int] the execution of this Agreement. Eueh nignaittry ulsu hereby acknowledges that lte or she hte: not executed thin Agreement in reliunce nn nny promise. teptc?entntiun. ur warranty not eenmineil herein. The Parties further agree that no mrxji?eetihns or this Agreement me? he made except by means on; twitter: agreement signed By each or the Parties. Hardly. the Parties agree tint the waiver or any breach at?: this Agreement by any Partylehail not he nit-alter or any other an {sequent or prior breach. From time to time at the requester any at the Parties In this Agreement, without further consideration and within a renewable period ef?time nl'ter' requeSi hereunder is made. the Parties hereby agree In execute and deliver any and all further decumenle and instruments end in do all nets nny er the Parties tn'this Agreement may reesnnahiy request which may be unwary or to fully implement the prdrisiens of lhilsAgreernent. 16.. Countem "rte; This Agreement may be executed in equnterperts? Enesimilc nndlor pdt? slgnetures shall be considered for a] l_ littqu as origin-113.. 1 Executed and delivered this' day of May. 2015. ELIZABETH SAVITT PRINCEL A 133: g?zy Elizab?eth Sm?l? Fer Iterselfl es en uni As Guardinri for end on Behalf of. F?l??l?ttl? Bert-tenth, both individually and as personal rcseniath?e ul'llte Estate of 1m Demon-n2 new dert Communean SENIORS - by: Princeth [Signature] As Managerrand on behalf of A - . . - rm- Seniers,?LLC An) 1 'IPrinl Heme] EFT/jim?nZs 5323ch 77.725: 531/73?. [Title] Exhibit A IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA NEW YORK COMMUNITY BANK. Plaintiff. CASE 2014-CA-000606-MB v. FRANCES BERKOWITZ, individually and as Personal Representative oflhe ESTATE OF JERRY BERKOWITZ. and PL FIRM, LLC, Defendants. I JOINT STIPULATION FOR DISMISSAL WITH PREJU DICE OF COUNTERCLAIMS AND FOR ENTRY OF CONSENT FINAL Plaintiff, New York Community Bank Defendant Elizabeth Savitt, Guardian for FRANCES BERKOWITZ, individually and as Personal Representative of the Estate of JERRY BERKOWITZ, and Defendant PL Firm, LLC Firm"), now known as Prestigious Lifeeare for Seniors, LLC Firm"), by and through undersigned counsel, hereby file this Joint Stipulation fer Dismissal With Prejudice of Counterclaims and for Entry of Consent Final Judgment, and state: On January 16, 2014, NYCB ?led its Complaint in lnterpleader by which NYCB interplead to the Court funds in the amount of $268,544.50 (the ?Interplead Funds?). Complaint asserted that Defendants Frances Berkowitz and PL Finn have made competing claims to the lnterplea'd Funds. 2. NYCB is holding the interplead Funds in a 'frozen account pending a determination by the Court of entitlement thereto. 3. On April 19? 2014, Defendant Frances Berkowitz ?led an Answer and Af?rmative Defenses to Coinplaint in Interplcader, and Counterclaim, which asserted counterclairns against NYCB for: (1) Conversion (Count (2) Action for Writ of Replevin (Count ll); (3) Action for Accounting (Count Ill); and (4) Negligence (Count 1V). 4. On February 26, 2015, pursuant to a stipulation ot?the Parties, this Court entered an Order directing that $l00,000.00 of the Interplead Funds be disbursed to Frances Berkowitz or her legal guardian. Tltese funds were properly disbursed to Frances Berkowitz in the care of her guardian, leaving $168,544.50 of the interplead Funds remaining at issue in this action (the ?Remaining Interplead Funds"). 5. On March ll, 2015, this Court entered an Order substituting "Elizabeth Savitt. Guardian for FRANCES BBRKOWITZ, individually and as Personal Representative of the Estate of JERRY as a. party in this matter in place of BERKOWITZ. individually and as Personal Representative of the Estate of JERRY 6. I The Parties have reached a resolution of the Defendants' competing claims to the Remaining Interplead Funds and the COunterclaims asserted by Defendant Elizabeth Savitt (which such counterclai?ms Were originally ?led by Frances Berkowitz before Elizabeth Savitt was Substituted into this action in the. place of Frances Berkcwitz). 7. Speci?cally, the Parties hereby agree and stipulate that Frances Berkowitz shall receive $161,000.00 of the Remaining Interplead Funds and that such amount may be immediately disbursed to Frances Berkowitz in the care of her guardian, Elizabeth Savitt. 8. Frances Berkowitz af?rmatively disclaims any right, title or interest in the remaining $7,544.50.of the Remaining lnterplead Funds and af?rmatively disclaims knowledge of or opinion as to entitlement to remaining funds. 9.. The Parties further give notice and hereby agree and stipulate that Elizabeth Savitt's Counterclaims, filed by Frances Berkowitz before Elizabeth Savitt was substituted into this action in the place of Frances Berkowitz, are hereby dismissed with prejudice. Accordingly, Plaintiff NYCB, Defendant PL Firm, and Defendant Elizabeth Savitt hereby agree and stipulate to entry of the Consent Final Judgment attached hereto as Exhibit which provides for the release of the Remaining inter-plead Funds as stipulated here-in, for the dismissal of Frances Berkowitz's Counterclaims, and for this action to be concluded and closed. WHEREFORE, Plaintiff. New York Community Bank, Defendant PL Firm, LLC. now known as Prestigious Lifecare for Seniors, LLC, and Defendant Elizabeth Savi?d, Guardian for FRANCES BERKOWITZ, indiy-idually and as Personal Representative of the Estate of JERRY BERKOWITZ, hereby respectfully request that the Court enter the Consent Final Judgment attached hereto as Exhibit and direct that this matter be closed. [Signatu re Black on Next Page] Mira/i Eleni] loseubaeli, Esq. Florida ar No,: 1524 36 Marsha E. Rosenbach, Esq. Florida Bar No.: 698032 Law Of?ces of Marshall E. Rosenbach 1430 US. Highway 1 North Palm Beach, Florida 33408 (561) 627-8990 Telephone 694-1359 Facsimile Email 1: marshall@marshalli?osenbacheom Email 2: djrl@bellsouth.net Email 3: service@marshallrosenbach.oom A?orneysfor Defender", Elizabeth Savm, Guardian for FRANCES BERKOWITZ. individually and as Personal Representative of the ESTA TE 0F JERRY BERKOWIYZ 1153/ Bruce SWW Florida Bar 5l07 Bruce S. Rosenwater Associates, P.A. 1.60] Forum. Place, Suite 1200, Centurion Tower West Palm Beach, Florida 33401 Phone: (561) 688-0991 Fax: 688-0581 Email: bS'rl BI or term] Attorneys for Defendants, PRINCELLA LEWIS and PRESTIGIQ US LIFECARE FOR SENIORS, LLCf/k/a THE PL FIRM, LLC Virginia B. Townes, Esq. Florida Bar Number: 361879" virginla.townes@akerman.com (primary) (secondary) Joshua A. Mize, Esq. Florida Bar Number 0086163 josllua.mlze@akerman.com (primary) barbara.morrison@akerman.com (secondary) AKERMAN LLP Post Box 23] Orlando, FL 32802-0231 Phone: (407) 423-4000 Fax: (407) 843-6610 Attorneys for the Plaintf?,? NEW YORK COMMUNITY BANK Xh?b?it 11 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA NEW YORK COMMUNITY BANK, Plaintiff, CASE NO.: 2014-CA-000606-MB v. FRANCES BERKOWITZ, individually and as Personal Representative of the ESTATE OF JERRY BERKOWITZ, and PL IRM, LLC, Defendants. CONSENT FINAL JUDGMENT This cause having come before the Court on the Joint Stipulation for Dismissal with Prejudice of Counterclaims and for Entry of Consent Final Judgment filed by Plaintiff New York Community Bank, Defendant PL Firm LLC. now known as Prestigious Lifecare for Seniors. LLC, and Defendant Elizabeth Savitt, Guardian for FRANCES BERKOWITZ, individually and as Personal Representative of the Estate of JERRY BERKOWITZ. and the Court having reviewed the record and being otherwise duly advised in the premises, and the Parties having stipulated, it is hereby THE FINDING OF THIS COURT THAT: 1. On January 16, 2014, NYCB ?led its Complaint in Interpleader by which NYCB interplead to the Court funds in the amount of $268,544.50 (the ?lnterplead Funds?). Complaint asserted that Defend-ants Frances Berkowitz and PL Firm, LLC have made competing claims to the Jnterplead Funds. 2. NYCB is holding the Interplead Funds in a frozen account pending a determination by the Court of entitlement thereto. 3. On April 19, 2014, Defendant Frances Berkewitz ?led an Answer and Affirmative Defenses to Complaint in Interpleader, and Counterclaim, which asserted counterclaims against NYCB for: (1) Conversion (Count (2) Actidn for Writ of Replevin (Count (3) Action For Accounting (Count Ill); and (4) Negligence (Count IV). 4. On February 26, 2015, pursuant to a stipulation of the Parties, this Court entered an Order directing that $100,000.00 ot? the interplead Funds be disbursed to Frances Berkowitz or her legal guardian. These funds were properly disbursed to Frances Berkowitz, leaving $168,544.50 of the lnterplead Funds remaining at issue in this action(the "Remaining Interplead Funds"). 5. On March 2015, this Court entered an Order substituting "Elizabeth Savitt, Guardian for FRANCES BERKOWITZ, individually and as Personal RepresentatiVe of the Estate of JERRY as a party in this action in place of BERKOWITZ, individually and as Personal Representative of the Estate of JERRY 6. The Parties have stipulated that Frances Berkowitz shall receive $l6l,000.00 of the Remaining Interplead Funds and that such amount may be immediately disbursed to Frances Berkowitz in the care of her guardian, Elizabeth Savitt. 7. Frances Berkowitz has disclaimed any right, title or interest in the remaining $7,544.50 of the Remaining Interplead Funds and does not object to such portion of the Remaining Interplead Funds being released. 8. The Parties have further agreed and stipulated that Elizabeth Savitt?s counterclaims, ?led by Frances Berkowitz before Elizabeth Savitt was substituted into this action in the place of Franc-es Berkowitz, are dismissed with prejudice. Accordingly, it is ORDERED AND ADJUDGED that: 9. The Joint Stipulation for Dismissal With Prejudice of Counterclaims and for Entry oi?Consent Final Judgment is GRANTED. l0. Final Judgment is hereby entered as follows: a. Frances Berkowitz shall receive $161,000.00 of the Remaining Inteiplead Funds. NYCB is authorized to and shall disburse to Frances Berkowitz, in the care Elizabeth Savitt, $161,000.00 of the remaining funds that are the subject of this lhterpleader action and which are currently being held by NYCB pending a determination by the Court of entitlement thereto. b. NYCB is authorized to release to PL Firm, LLC $7,544.50 of the remaining funds that are the subject of this lnterpleader action and which are currently being held by NYCB pending a determination by the Court of entitlement thereto. ll. Elizabeth Savitt's Counterclaims, ?led by Frances Berkowitz before Elizabeth Savitt was substituted into this action in the place of Frances Berkowitz, are dismissed preiudice. 12. This clerk is directed to close this matter. DONE AND ORDERED in Chambers at. Palm Beach County, Florida on this day ofMay, 2015. LISA SMALL, CIRCUIT JUDGE Comes furnished to: Marshall B. Rosenbach, Esq,, Law Of?ces of Marshall E. Rosenbach, H430 U.S. HighWay l. North Palm BeaCh, Florida 33408, dirlf?lbellsoutlmet. Virginia B. Townes. Esq. and Joshua A. Mlze, Esq, Akerman, LLP. 420 Sauth Orange Ave., Suite 1200, PO Box 23], Orlando, Florida 32802-0231. Viminiatownes?akeman.com. Jeanninebainsf??takarmamcom. Joshuamizefa}akcrn1an.cum, Barbaramnrriscnt?lakerman?um; Bruce S. Rosenwater. Esq.. Bruce S. Rosenwatcr Associates. P.A., lGOl Forum Place. Centurion Tower, Suite 1200, West Palm Beach, FL 33401, Elizabeth Savitt, Esq.. 501 N. Country Club Road, Atlantis, Florida 3346-2, SavittguardiansgagmaiI.com; Exhibit IN THE CIRCUIT COURT OF THE FIFTEENTH UDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA FRANCES BERKOWITZ, individually and as personal representatiVe of the ESTATE OF JERRY BERKOWITZ, Plaintiff, CASE NO.: 2013CAOI7397 v. DIVISION: AG AMTRUST BANK and NEW YORK COMMUNITY BANK, Defendants. JOINT STIPULATION AND NOTICE OF DISMISSAL WITH PREJUDICE OF ALL CLAIMS The Plaintiff, ELIZABETH SAVITT, as Guardian for FRANCES BERKOWITZ, individually and as Personal Representative of the Estate of JERRY BERKOWITZ, and the Defendant. NEW YORK COMMUNITY BANK, by and through their undersigned counsel: hereby ?le this .loint Stipulation and Notice of Dismissal with Prejudice of All Claims, and hereby give notice, agree, and stipulate that all claims and counterclaims which yvere asserted by any of the parties in this action against any other party in this action are hereby dismissed mm preiudice, with each party to bear its own costs and attorney?s fees. The Parties further agree and stipulate to and request entry of the proposed Final Order of Dismissal with Prejudice attached hereto as Exhibit "1 [Signature Block on Next Page] DATED: May .2015. Aw? Desln . Re?tnbach, Esq. Florida Bar 0.: 152486 Marshall E. Rosenbach, Esq. Florida Bar No.: 698032 Law Of?ces of Marshall E. Rosenbach 11430 US. Highway 1 North Palm Beach, Florida 33408 627-8990 Telephone (561) 694-1359 Facsimile Email i: marshall@marshallrosenbach.com Email 2: djrl@bellsouth.net Email 3: service@marshailrosenbach.com Attorneys for Guardian quendanr, Elizabeth Savi?. FRANCES BERKOWITZ. Arromeys?irthe Plainti?; Virginia 13. Townes, Esq. Florida Bar Number: 361879 virginia.townes@akerman.com (primary) cindy.miller@akerman.com (secondary) Joshua A. Mize, Esq. Florida Bar Number 0086163 joshuu.mize@akerman.com (primary) barbara.morrison@akerman.com (secondary) AKERMAN LLP "Post Of?ce Box 23l Orlando, FL 32802-0231 Phone: (407) 423-4000 Fax: (407) 843-6610 individually and as Personal Repl-exentaiive of NEW YORK COMMUNITY BANK the ESTATE OF JERRY BERKOWITZ Xhibf?t E1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA FRANCES BERKOWITZ, individually and as personal representative of' the ESTATE OF JERRY Plaintiff, v. DIVISION: AG AMTRUST BANK and NEW YORK COMMUNITY BANK, Defendants. I FINAL ORDER OF DISMISSAL WITH PREJUDICE This cause having come before the Court on the Joint Stipulation and Notice of Dismissal with Prejudice ofAll Claims ?led by the Plaintiff, ELIZABETH as Guardian i?or FRANCES BERKOWITZ, individually and as Personal Representative of the Estate of JERRY BERKOWITZ, and the Defendant, New York Community Bank, and the Court having reviewed the record and being otherwise duly advised in the premises, and the Parties having stipulated, it is hereby ORDERED AND ADJUDGED that: i. The Joint Stipulation and Notice of Dismissal with Prejudice of All Claims is GRANTED. 2. All of the Plaintiff?s claims in this action are hereby dismissed mm prejudice. This. clerk is directed to close this matter. DONE ORDERED in Chambers at Palm Beach County, Florida on this dayofMay,,2015. JAIMIE GOODMAN CIRCUITJUDGE Cogies furnished lo: Counsel of Record Exh?b?t (C IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JERRY BERKOWITZ AND FRANCES BERKOWITZ, Plaintiff. CASE NO.: v. PRINCELLA LEWIS, PRESTIGIOUS LIFECARE FOR SENIORS. LLC, f/k/a PL FIRM, LLC, and GLENN RICARDO MILLER Defendants. JOINT STIPULATION AND NOTICE OF DISMISSAL WITH PREJUDICE OF ALL CLAIMS The Plaintiff, ELIZABETH SAVITT, as Guardian for FRANCES BERKOWITZ, individually and as Personal Representative of the Estate of JERRY BERKOWITZ, and the Defendants. Princella Lewis, Prestigious Lifecare for Seniors. LLC, and Glenn Ricardo Miller. by and through undersigned counsel and pursuant to Florida Rule of Civil Procedure hereby ?le this Joint Stipulation and Notice of Dismissal with Prejudice of All Claims, and hereby give notice, agree, and stipulate that all claims and counterclaims which were asserted by any or all of the parties in this action against any other party in this action are hereby dismissed with preiudice, with each party to bear its own costs and attorney's fees. The Parties further agree and stipulate to and request entry of the proposed Final Order of Dismissal of All Claims with Prejudice attached hereto as Exhibit "1 1'55" bean J. Wsunbach, Esq. Florida Bar No.: 152486 Marshall E. Rosenbach, Esq. Florida Bar No.: 698032 Law Of?ces of Marshall E. Rosenbach 11430 US. Highway 1 North Palm Beach, Florida 33408 (561) 627-8990 Telephone (561) 694?1359 Facsimile Email marshall@marshallrosenbach.com Email 2: Email 3: service@marshallrosenbach.com Armrneysfor Plaimflf ELIZABETH SA VITT, Guardiaan FM NCES BERKO WJTZ. individually and as Personal Represenrarlve of the ESTATE OF JERRY BERKO WITZ Leon E. Sharpe, Esq Florida Bar No.: 250120 Leon E. Sharpe, PA. .4770 Biscayne Blvd., Suite 960 Miami, FL 33137-3242 Phone: (305) 573-3823 Fax: (305) 576-0065 Email: Attorneys for Defendant. GLENN RICARDO MILLER Bruce S. Rosenwater, Esq. Florida Bar No: 71510? Bruce S. Rosenwater 8: Associates, PA. 1601 Forum Plac'e, Suite 1200, Centurion Too/er West Palm Beach, Florida 33401 Phone: (561) 688-0991 Fax: (561) 688-0581 Email: 115 ml.rosemvntemnm, Attorneys-for De?ndants, PRINCELLA LEWIS and PRESTIGIOUS LIFECARE FOR SENIORS. THE PL FIRM, LLC Exh?bm IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JERRY BERKOWITZ AND FRANCES BERKOWITZ, Plaintiff. CASE NO.: v. PRINCELLA LEWIS, PRESTIGJOUS LIFECARE FOR LLC, f/k/a PL FIRM, LLC, and GLENN RICARDO MILLER Defendants. FINAL ORDER OF DISMISSAL OF ALL CLAIMS WITH This cause having come before the Court on the Joint Stipulation and Notice of Dismissal, with Prejudice of All Claims filed by Plaintiff} ELIZABETH SAVITT, as Guardian for FRANCES BERKOWITZ, individually and as PersOnal Representative of the Estate of JERRY BERKOWITZ, and the Defendants, Princeila Lewis, Prestigious Lifecare For Seniors. and Glenn Ricardo Miller. and the Court having reviewed the record and being otherwise duly advised in the premises, and the Parties having stipulated, it is hereby ORDERED AND ADJUDGED that: I. The Joint Stipulation and Notice of Dismissal with Prejudice of All Claims is GRANTED. 2. All claims, counterclaim, and cross?claims asserted by any and all parties in this action are hereby dismissed with grejudiee. 3. This clerk is directed to close this matter. DONE AND ORDERED in Chambers at Palm Beach County. Florida on this day of'May. 2015. JAIMIE GOODMAN CIRCUIT JUDGE Cogies furnished to: Counsel of Record Report Selection Criteria Case ID: Docket Start Date: Docket Ending Date: Case Description Case ID: 502014GA00063 Case Caption: FRANCES BERKOWITZ GA Division: 12 - TICKTIN Filing Date: Wednesday, December 03rd, 2014 Court: GA - GUARDLANSHIP Location: SB - SOUTH BRANCH Jury: N-Non Jury Type: PP - GUARDIANSHIP - Status: R0 - REOPEN Related Cases Case Event Schedule No case events were found. Case Parties Expn Seq Assoc Date Type ID Name 1 INCAPACITATED @3571324 BERKOWITZ, Aliases: none PERSON FRANCES 2 PETITIONER 0032414 MILLSAPS, Aliases: none WEBB EXHIBIT 3 03? JUDGE COLIN, JUDGE MARTIN 2014 4 JUDGE TICKTIN, JUDGE JESSICA 5 PETITIONER (603518203 SAVITT, ELIZABETH 6 5 ATTORNEY 0674567 HAZELTINE ESQ., SHERI 7 1 GUARDIAN @3518203 SAVITT, ELIZABETH Docket Entries Docket Number Docket Type Book and Page 0. 00000 - ADDITIONAL COMMENTS Filing Date: 03-DEC-2014 Filing Party: Disposition Amount: Docket Text: none. 500FF - Filing Date: Filing Party: 03-DEC-2014 MILLSAPS, WEBB Disposition Amount: Docket Text: none. Aliases: none Aliases: none Aliases: none Aliases: none Aliases: none Attached To: PE - PENDING Filing Date: 03-DEC-2014 Filing Party: Disposition Amount: Docket Text: none. RCPT - RECEIPT FOR PAYMENT Filing Date: 03-DEC-2014 Filing Party: MILLSAPS, WEBB Disposition Amount: Docket Text: A Payment of -$401.00 was made on receipt SBCV294911. PETG - PETITION APPTG EMER TEMP GDN Filing Date: O3-DEC-2014 Filing Party: MILLSAPS, WEBB Disposition Amount: FOR APPOINTMENT OF EMERGENCY TEMPORARY GUARDIAN 2 NOTCF - NOTICE OF CONFIDENTIAL FILING Filing Date: 03-DEC-2014 Filing Party: MILLSAPS, WEBB Disposition Amount: Docket Text: NOTICE OF CONFIDENTIAL INFORMATION WITHIN COURT FILING 3 ORAC - ORDER APPOINTING COUNSEL Filing Date: 04-DEC-2014 Filing Party: TICKTIN, JUDGE JESSICA Disposition Amount: Docket Text: ORDER APPOINTING COUNSEL ON PETITION FOR D??ket Tex? APPOINTMENT OP EMERGENCY TEMPORARY GUARDIAN 4 OETG - ORDER APPTG EMER TEMP Book 27200 - Page GDN 144 Filing Date: 04-DEC-2014 Filing Party: JUDGE JESSICA Disposition Amount: Docket Text: ORDER APPOINTING EMERGENCY TEMPORARY GUARDIAN 5 LETP - LTRS EMER TEMP GDN 0F Book 27200 - Page 141 Filing Date: Filing Party: TICKTIN, JUDGE JESSICA Disposition Amount: Docket Text: LETTERS OF EMERGENCY TEMPORARY GUARDLANSHIP 6 NOAP NOTICE OF APPEARANCE Filing Date: Filing Party: Disposition Amount: Docket Text: ATTY HAZELTINE 7 EMOT - EMERGENCY MOTION Filing Date: 08-DEC-2014 Filing Party: Disposition Amount: TO COMPEL SUNTRUST BANK TO PROVIDE ACCESS TO FINANCIAL AND MOTION TO DIRECT SUNTRUST Docket Text: BANK TO DISTRIBUTE ANY AND ALL FUNDS OF WARD OF HER TRUST TO THE GUARDIAN ATTY HAZELTINE OBO ELIZABETH SAVITT 8 APLG - APPLICATION OF GUARDIAN Filing Date: 08-DEC-2014 Filing Party: Disposition Amount: FOR APPOINTMENT OF ELIZABETH SAVITT AS PLENARY Docket Tex? GUARDISN 9 OATH OATH Filing Date: 08-DEC-2014 Filing Party: Disposition Amount: OF PLENARY GUARDIAN ELIZABETH SAVITT AND Docket Text: DESIGNATION OF RESIDENT AGENT AND ACCEPTANCE ELIZABETH SAVITT E-FILED 10 NOUN - NOTICE OF UNAVAILABILITY Filing Date: 08-DEC-2014 Filing Party: Disposition Amount: Docket Text: EDWARD A SHIPE ESQ E-FILED ll AGOR - AGREED ORDER Filing Date: 08-DEC-2014 Filing Party: TICKTIN, JUDGE JESSICA Disposition Amount: AGREED ORDER GRANTING EMERGENCY MOTION TO COMPEL SUNTRUST BANK TO PROVIDE IMIVIEDIATE ACCESS TO GUARDIAN TO ALL FINANCIAL AND AGREED Docket Tex? ORDER GRANTING MOTION TO DIRECT SUNTRUST BANK TO DISTRIBUTE ANY AND ALL FUNDS OF WARD OF HER TRUST TO THE GUARDIAN 12 NOUN - NOTICE OF UNAVAILABILITY Filing Date: 18-DEC-2014 Filing Party: HAZELTINE ESQ, SHERI Disposition Amount: Docket Text: SHERI HAZELTINE ESQ E-FILED l3 PEA - PETITION FOR APPOINTMENT Filing Date: 05-JAN-2015 Filing Party: SAVITT, ELIZABETH Disposition Amount: Docket Text: OF PERMANENT GUARDIAN PETITIONER E-FILED DJ - DISPOSED BY JUDGE Filing Date: 07-JAN-2015 Filing Party: Disposition Amount: Docket Text: none. 14 NOAP - NOTICE OF APPEARANCE Filing Date: 07-JAN-2015 Filing Party: HAZELTINE ESQ., SHERI Disposition Amount: Docket Text: ATTY HAZELTINE 15 OGPN - ORDER APPOINTING GDN Book 27264 - Page OF PERSON 695 Filing Date: 07-JAN-2015 Filing Party: Disposition Amount: APPOINTING ELIZABEHT SAVITT AS LIMITED GUARDLAN JUDGE JEFFREY GILLEN 16 LTRS - LETTERS Filing Date: 07-JAN-2015 Filing Party: Docket Text: Disposition Amount: Docket Text: OF LIMITED GUARDIAN JUDGE JEFFREY GILLEN 17 CPY - COPY Filing Date: 07-JAN-2015 Filing Party: Disposition Amount: COPY OF ORDER DETERMINING LIMITED SIGNED BY JUDGE GILLEN DTD 7-JAN-2015 18 OAEC - ORDER APPT EXAMININ COMMITTEE Docket Text: Filing Date: 08-JAN-2015 Filing Party: Disposition Amount: FOR GUARDIAN TO PAY EXAM JUDGE JEFFREY GILLEN RO - REOPEN Docket Text: Filing Date: Filing Party: Disposition Amount: Docket Text: none. 19 PEAF - PETITION FOR FEES Filing Date: 09-JAN-2015 Filing Party: Disposition Amount: Docket Text: ATTY HAZELTINE RO - REOPEN Filing Date: 26-FEB-2015 Filing Party: Disposition Amount: Docket Text: none. 20 MEXT - MOTION FOR EXTENSION OF TIME Filing Date: 26-FEB-2015 Filing Party: Disposition Amount: TO INITIAL GUARDIANSHIP PLAN AND VERIFIED INVENTORY ATTY HAZELTINE 21 IGDP - INITIAL GUARDIANSHIP PLAN Filing Date: 06-MAR-2015 Filing Party: Docket Text: Disposition Amount: Docket Text: FOR PERIOD 12/4/14-1/31/16 E-FILED BY ELIZABETH SAVITT 22 NOTCF - NOTICE OF CONFIDENTIAL FILING Filing Date: 06-MAR-2015 Filing Party: Disposition Amount: Docket Text: E-FILED BY SHERI L. HAZELTINE, ESQ. 23 IV IV - INITIAL VER INVENTORY Filing Date: 1 5 Filing Party: Disposition Amount: Docket Text: E-FILED BY ELIZABETH SAVIT RO - REOPEN Filing Date: 1 5 Filing Party: Disposition Amount: Docket Text: none. 24 PET - PETITION Filing Date: 12-MAR-2015 Filing Party: SAVITT, ELIZABETH Disposition Amount: FOR AUTHORIZATION TO ACT ATTY HAZELTINE OBO Docket Text: GUARDIAN RO - REOPEN Filing Date: 16-MAR-2015 Filing Party: Disposition Amount: Docket Text: none. 25 PET - PETITION Filing Date: 1 5 Filing Party: SAVITT, ELIZABETH Disposition Amount: Docket Text: FOR AUTHORITY TO ACT ATTY HAZELTINE OBO ELIZABETH SAVITT 26 NOH NOTICE OF HEARING Filing Date: 1 5 Filing Party: HAZELTINE ESQ., SHERI Disposition Amount: Docket Text: ON 03/25/15 AT 8:45 AM ATTY HAZELTINE AS - REDISPOSED Filing Date: 24-MAR-2015 Filing Party: Disposition Amount: Docket Text: none. AS - REDISPOSED Filing Date: Filing Party: Disposition Amount: Docket Text: none. 27 AGOR - AGREED ORDER Filing Date: 24-MAR-2015 Filing Party: Disposition Am0unt: Docket Text: AUTHORIZING PAYMENT OF ATTORNEYS FEES AND COSTS JUDGE JEFFREY GILLEN 28 AGOR - AGREED ORDER Filing Date: 24-MAR-2015 Filing Party: Disposition Amount: Docket Text: ON MOTION FOR EXTENSION OF TIME OF 45 DAYS TO FILE REPORTS SIB JUDGE JEFFREY GILLEN AS - REDISPOSED Filing Date: 25-MAR-2015 Filing Party: Disposition Amount: Docket Text: none. 29 AGOR - AGREED ORDER Filing Date: 25-MAR-2015 Filing Party: Disposition Amount: Docket Text: FOR AUTHORIZATION TO ACT JUDGE JEFFREY GILLEN R0 - REOPEN Filing Date: 1 5 Filing Party: DispositionAmount: Docket Text: none. R0 - REOPEN Filing Date: 15-APR-2015 Filing Party: Disposition Amount: Docket Text: none. 30 CAVI - CLERK AUDIT VERIFIED INVENTORY Filing Date: Filing Party: Disposition Amount: Docket Text: none. 31 CRPL - CLERKS REVIEW OF PLAN Filing Date: Filing Party: Disposition Amount: Docket Text: none. AS - REDISPOSED Filing Date: 21-APR-2015 Filing Party: Disposition Amount: Docket Text: none. AS - REDISPOSED Filing Date: 21 -APR-2015 Filing Party: Disposition Amount: Docket Text: none. 32 OAGP ORDER APPROVING PLAN Filing Date: 21-APR-2015 Filing Party: Disposition Amount: Docket Text: FOR 12/4/15 - 1/31/ 16 JUDGE JEFFREY GILLEN 33 OAII - ORDER APPROVING INVENTORY Filing Date: 21-APR-2015 Filing Party: Disposition Amount: Docket Text: JUDGE JEFFREY GILLEN R0 - REOPEN Filing Date: 22-APR-2015 Filing Party: Disposition Amount: Docket Text: none. 34 PEAF - PETITION FOR FEES Filing Date: 5 Filing Party: HAZELTINE ESQ., SHERI Disposition Amount: Docket Text: ATTY HAZELTINE AS - REDISPOSED Filing Date: 01-MAY-2015 Filing Party: Disposition Amount: Docket Text: none. 35 AGOR AGREED ORDER Filing Date: 04-MAY-2015 Filing Party: Disposition Amount: AUTHORIZING PAYMENT OF ATTORNEYS FEES AND COSTS Docket Text: JUDGE JEFFREY GILLEN RO - REOPEN Filing Date: 25-AUG-2015 Filing Party: Disposition Amount: Docket Text: none. 36 PF 0 - PETITION FOR ORDER Filing Date: Filing Party: SAVITT, ELIZABETH Disposition Amount: AUTHORIZING PAYMENT OF COMPENSATION AND Docket Text: EXPENSES OF GUARDIAN ATTY HAZELTINE OBO GUARDIAN AS - REDISPOSED Filing Date: . 22-SEP-2015 Filing Party: Disposition Amount: Docket Text: none. 37 AGOR - AGREED ORDER Filing Date: 22-SEP-2015 Filing Party: TICKTIN, JUDGE JESSICA Disposition Amount: Docket Text: COMPENSATION AND EXPENSES OF GUARDIAN SIB JESSICA 1 R0 - REOPEN Filing Date: 11-DEC-2015 Filing Party: Disposition Amount: Docket Text: none. 38 OTSC - ORDER TO SHOW CAUSE Filing Date: 1 1-DEC-2015 Filing Party: TICKTIN, JUDGE JESSICA Disposition Amount: FOR 1fo1 6 AT 9 MAGISTRATE SARAH WILLIS - cancelled DOCket Tex? requirement met 39 AGDP ANNUAL GUARDLAN SHIP PLAN Filing Date: 14-DEC-2015 Filing Party: Disposition Amount: Docket Text: E-FILED FOR PERIOD 2/1/2016-1/31/2017 R0 - REOPEN Filing Date: 11-JAN-2016 Filing Party: Disposition Amount: Docket Text: none. 40 PEAF - PETITION FOR FEES Filing Date: 11-JAN-2016 Filing Party: Disposition Amount: Docket Text: SHERI HAZELTINE Filing 31261621 E-Filed 08/25/2015 09:59:42 AM 'lN m?mcurr COURT OF THE JUDICIAL CIRCUIT 1N AND FOR PALM BEACHICOUNTY, FLORIDA Case No. 502014GA000630WSB Division: 12 IN RE: GUARDIANSHIP 0F FRANCES BERKOWITZ. PETITION FOR ORDER AUTHORIEIEQ PARENT OF COWENSATION AND EXPENSES OF GUARDIAN Petitioner, ELIZABETH SAVITT, by and through her attorney, L. HAZELTINE, ESQ. was appointed by the court as the emergency temporary guardian of the person and property of FRANCES BERKOWITZ (the Ward) on December 8, 2014 and limited guardian of person and property of the Ward on January 7, 2015. The total amounts of all prior fees paid or costs awarded to petitioner in this proceedingiare: Fees: 3-0- Costs Petitioner has rendered services as limited guardian of the Ward and incurred expenses ?'om December 8, 2014 through August 21, 2015, asmore fully described and set forth in the itemized schedule of services and expenses attached hereto as Mira, for which petitioner has not been paid. Based upon the criteria established by Section Florida Guardianship Law, petitioner is of the Opinion that reasonable compensation for the services performed by petitioner during that time period is: Fees: $13,395.00 Costs: 3 45.30 Total: $13,440.30 Petitioner requests that an order be entered awarding petitioner; reasonable compensation for the services rendered and expenses incurred by the petitioner for. the 1 FILED: PALM BEACH COUNTY, FL SHARON BOCK, CLERK. 8/25/2015 9:59:42 AM EXHIBIT bene?t?of. the Ward and the Ward?s estate. and authorizing and directing that such compensation and expenses be paid from the assets ofthe Ward?s 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. . Signed on thisg? day of gust. By: 2015 at Delmy Bench, Florida 13TH SAVITT. Petitioner and Limited Guardian DATED on 11599195,; of August, 2015 at Delrny Beach, Florida. SHERI A CIATES.P.A. By: Sheri L. Hmltine. Esq. Attorney for Limited Guardian Ms. Savitt Florida Bar No. 0674567 800 Palm Trail. Suite 3 Delray Beach, Florida 33483 (561) 243-4655 (of?ce) (561) 243-6933 (fax) ERTI OF VICE I HEREBY CERTIFY that a true copy afthis ti for rder i was transmitted via-email on this [1 $91.55 day of AW By: Huzcltine. Florida Bar" No. 0674567 Savitt Guardians Elizabeth ?Betsy? Savitt 501 Country Club Dr. Atlantis, FL 33462 Phone: 561-573-1292 I Fax: 561-439-6765 Account Statement Prepared for. Frances Berkowitz Re: Guardianship Previous Invoice Amount Last Payment Received Previous Balance Current Charges Total Due Matter: Guardianship Frances Berkowitz $0.00 $0.00 . $0.00 $13,440.30 $13,440.30 Savitt Guardians Elizabeth ?Betsy? Savitt 501 Country Club Dr. Atlantis, FL 33462 Phone: 561-573-1292 Fax: 561?439-6765 Frances Berkowitz Invoice Date: August 21, 2015 Invoice Number: 10090 Invoice Amount: $13,440.30 Guardian?s Fees I I 12/8/2014 Travel to SunTrust to open accounts. E.S. 2.00 12/8/2014 T.C. Webb Millsaps re: case history and history of ES. .50 law suits. 12/9/2014 B?mails, Webb Millsaps to: accounting of EB. .40 funds, Withdrawing from cases. 12/9/2014 T.C. S. Hazeltine re; case history ES. .40 12l10/2014 T.C. Webb Millsaps of?ce for all of clients billing ES. .20 and receivables. 12/10/2014 T.C. S. Hazeltine for. emergency petition for access ES. .50 to trust account at SunTrust Bank. Review of petition, signing and scan. 12110/2014 T.C. Frances, Webb Millsap, re: background on ES. .70 ?nances. '12/11/2014 T.C. Sheryl Taylor re: case history ES. .30 12/12/2014 T.C. Bruce Resenwater re: settling law Suits and ES. .30 wants to know if we are hiring another attorney. 12/ 15/2014 Blurne, wants to Coordinate meeting with ES. .20 Frances as she is home alone during the day. 12/ 16/2014 Meeting with Frances at home. E.S. 1.50 12/19/2014 T.C. Sheryl Taylor. Went? over guardianship and ES. .40 expecting Dr. visits. Review of ?mds paid to Webb and case as it relates to the husband and wife's involvement. 12/22/2014 Travel to SunTrustBank for additional statements E.S. 1.20 and copies of all checks. Review. 12/26/2014 Met with Dean Rosenbach re: transfer and review of ES. .80 bank documentation. 12/27/2014 E-mails ?'om Webb re: ?nances and withdrawing ES. .20 from cases. 12/31/2014 Discussion of case with S. Hazeltine. ES. .20 1/4/2015 T.C. Sheryl, spoke about the interview with Judith ES. 1.30 $190.00 $47.50 $3 8.00 $38.00 $19.00 $47.50 $66.50 $28.50 $28.50 $19.00 $142.50 $38.00 $1 14.00 $76.00 $19.00 $19.00 $123.50 1/6/2015 1/7/2015 1/7/2015 1/7/2015 1/7/2015 1/8/2015 1/10/2015 1/10/2015 1/13/2015 1/13/2015 1/13/2015 1/13/2015 1/15/2015 1/15/2015 1/15/2015 1117/2015 1/ 18/2015 1/19/2015 1/19/2015 Chandler. Stated she had a storage bill and needed rent from Frances for her home. Read all exam committee reports. File. E-mail D. Rosenbach for accounting of attorney fees paid. E-mails ?'om S. Hazeltine, Webb Millsap, Sheryl Taylor, Dean Rosenbaeh re: incapacity hearing, billing, ?nances. Attend hearing on incapacity. Consult with Ct. appointed attorney and S. Hazeltine alter hearing about new attorney and care managers. giseussion with Sligqu and Frances after hearing rail ?nances and Webb Milsau's billing. T.C. S. Hazeltine of?ce re: guardianship paperwork. Set up guardianship ?le and review. T.C. Dean Rosenbach, re: contract for services. Discuss plan of action. E-mail S. Hazeltine same. Create contact sheet for ?le. T.C. Frances, she can not ?nd her sister. Wants to discuss case. T.C. Sheryl Taylor. She is not a care manager but. inherited Frances from the company she worked for and Brought her home from the Carlisle. She needs a maid, food, and sundries. ASked her, for a budget. Informed me that the lease was up and Frances could not longer live with them. T.C. Frances, informed her that she could call the police to helpiher try to locate her sister who is not answering the phone. Pen letter to Sheryl Taylor. Pick up ?le from attorney. T.C. placement services. T.C. Frances, getting very anxious, 8 calls. T.C. St. Andrews residence for application and appointment. T.C. Peggy Nagel for aides. T.C. Carla Newman to pick up? Frances for touring facilities on Sat. Possible hiring as aide for apartment. T.C. Frances, wants to live near the resting place of her husband. More complaints about Webb and Pricilla?s ?nancial abuse. Wants something to happen immediately a?er waiting a year. and 1/2. T.C. Carla re: case history and instruction for appointment with Frances today. Email Sheryl, she is now willing to help Frances ?nd an apartment close to her so she can continue care 3 messages ?om Frances, she is depressed about moving, her husband wanted her well taken care of. She only wants to mOVe close to his resting place. T.C. Frances re: update on apartment search. . Research locations. T.C. Frances, T.C. Sheryl re: apartment at Century Village, moving necessities. T.C. Marshall Rosenbach re: case as. as. as. as. as: as. as. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. ES. .80 .80 .30.70 .80 .30 .50 .50 .50 .30 $76.00 $76.00 $28.50 $10.00 $14.25 $76.00 $38.00 $28.50 $19.00 $38.00 $28.50 $28.50 $66.50 $76.00 $28.50 $47.50 $47.50 $47.50 $28.50 1/20/201 5 1/20/2015 1/23/2015 1/23/2015 1/23/2015 1/26/2015 1/26/2015 1/26/2015 1/27/2015 1/28/2015 1/30/2015 1/30/2015 2/4/2015 2/5/2015 2/8/2015 2/9/2015 2/10/2015 2/10/2015 2/10/2015 2/13/2015 2/13/2015 2/13/2015 Receive contract and application ?om Century Village. T.C. Frances for ID. T.C. Relator. Travel to Frances to pick up ID for condo application. Discuss issues with moving, application. T.C. Frances, does not want us to keep her ID overnight. Travel to SunTrust to get cashiers checks for deposit to apartment. T.C. to apartment of?ce re: renting and moving. Travel to see Frances, return ID. Fill out forms for rental. T.C. Frances, she is packed and ready, Sheryl is not moving until Sat. Pick up rental application at Joseph?s Village, tour facility and apartment, drop off security deposit. Pay Ed. Shipe, court appointed attorney. Filling documents, review of Sun Trust accounting. T.C. Joseph's the apartment will not be ready until Feb. 9th. T.C. Sheryl, she will keep Frances until then. T.C. Movers, Frances, Sheryl re: move and visiting apartment. T.C. Sheryl, Frances. They are extending one Week. Discussions about her care. T.C. Frances, T.C. Sun Trust to set up on line. Meeting with Frances. Request for medical records. Travel to Social Security to become rep-payee. T.C. to Josephs place and movers to set up for Feb. 9th move. T.C. Frances to review what she is taking from storage. Coordination with movers. T.C. to movers, storage, Sheryl Taylor coordinating move. Travel to storage to pay past due bill, meet with manager re: getting into tmit under S. Taylor's name. No keys to lock. Letter to Dean Rosenbach re: 55.000 owed from loan to Sheryl Taylor. T.C. S. Taylor re: payoff. Meet aide, pay for packing, shopping. T.C. Frances for additional help tomorrow. T.C. Joseph's for problems in apartment. T.C. aide for tomorrow. Meet movers at storage. Asses items for moving, get lock taken off. T.C. Frances to let them in at oseph's. Conf. with Dean Rosenbach re: case. Update E-mail to S. Hazeltine. T.C. Sherri Cunningham. She thinks Frances needs more help, needs socializing, possibly assisted living. She is wandering into the of?ce for conversation. T.C. Sheryl Taylor re: the multitude of manic phone calls from Frances. Received more history of her 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. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. 1.00 .60 .40 .20 .70 .20 1.00 .40 .40 .70 .50 .50 1.30 1.80 .20 2.20 .40 .80 1.50 .70 .20 .30 $95.00 $57.00 $38.00 $19.00 $66.50 $19.00 $95.00 $38.00 $38.00 $66.50 $47.50 $47.50 $123.50 $171.00 $19.00 $209.00 $38.00 $76.00 $142.50 $66.50 $19.00 $28.50 2/13/2015 2/14/2015 2/ 15/2015 2/16/2015 2/16/2015 2/ 17/2015 2/ 17/2015 2/17/2015 2/18/2015 2/18/2015 2/1 812015 2/19/2015 2/19/2015 2/19/2015 2/ 19/2015 2/20/2015 2/20/2015 personality. Suggest she needs medication. Review, scan-and sign retainer agreements. T.C. Aides to get food for Frances. Frances ranting about all of her issues and states she is not hungry, possibly starving herself. Medical intervention may be necessary. T.C. Frances, she remembers her husband giving Webb Milsaps a #3 0,000.00 retainer but does not remember signing an agreement. Multiple phone calls ??om Frances and aides visiting her today. She is extremely distraught. E-mail's S. Hazeltine re: baker act. T.C. Dean Rosenbach re: case's pending. Time line for funding. T.C. to Sheryl for list of Dr.'s and appointments. Travel to Frances after 12 phone messages increasineg suicidal and depressed and despondent. Ranting incoherently. Screaming at apartment. Removed her and transported her to Dr. Pierre Andre, and he advised to admit her to Fair Oaks for stabilization. Ward will need medication and A.L.F. Not able to cat, has trouble bathing, some incontinence. Drove her to Fair Oaks for admitting, providing records and information Notes to ?le, Dr.'s information. T.C. Fair Oakes Hospital. T.C. Dr. Exstein. Research assisted/independent living facilities. T.C. Dr. Ekstein re: background of Frances. They have had 2 meetings with her at the hospital. Mail transferred. T.C. FPL, Sheryl had the home in name of Frances. 600.00 deposit was used for last bill. T.C. Hospital re: permission to give medication. T.C. Dr. re: update on medical status, possible undiagnosed Bi-Polar, history of lithium medication. Refusal to take meds, placement, wants to extend. her stay until stabilized. T.C. re: placement facilities. T.C. Dean Rosenbach re: lawsuits. Progress on demand. Scan and e?mail more documentation for lawsuits. Review reports. History of non compliance with medication. T.C. Dr. re: keeping Frances for possibly 2 weeks until stabil. Will try injection of long temt medications. .C. Fair Oaks staff with update and permission for medications. Copy, sign, scan all substitution documents for. Dean Rosenbach. E-mails to S. Hazeltine re: petition for substitution as P.R. in Estate of Jerry Berkowitz. T.C. Frances from Fair Oaks, she does not want to be there but sounds more civil that she was before. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. ES. E.S. E.S. E.S. E.S. E.S. E.S. ES. .20 .50 .30 1.50 .30 5.50 .30 .80 .80 .90 1.20 .20 .20 .30 .50 .20 $19.00 $47.50 $28.50 $142.50 $28.50 $19.00 $522.50 $28.50 $76.00 $76.00 $85.50 $114.00 $19.00 $19.00 $28.50 $47.50 $19.00 2/22/201 5 2/23/201 5 2123/2015 2/24/2015 2/24/2015 2/25/2015 2/26/2015 2/26/2015 2/26/2015 2126/20 1 5 2/27/20 1 5 3/1/2015 3/1/2015 3/2/2015 3/2/2015 3/2/2015 3/3/2015 3/5/2015 3/5/2015 3/5/2015 3/5/2015 3/5/2015 3/5/2015 3/5/2015 Injection of Haldol taking effect. Visit to Fair Oaks. Speak with sta??. Frances calm but ready to leave. Still wants no meds. Dean Rosenbach re: case und??. hearing on Friday and Moreslife. Pen notes to case history. T.C. Frances, they did not give her clothes, 101d her to go and ask for them.rold me she wants Frieilla?. T.C. Dean Rosenbach re: hourly vs contingency payment on cases ?led. Update for hearing on offer from Pricilla?. T.C. Staff at Fair Oaks re: update on Frances, possible placement locations. T.C. Anguilla Cay re: placement. Give history and background of ward. They will go interview her tomorrow at Fair Oaks. T.C. Morselife. T.C. Paula at ?rst choice. E-mails from Sheryl about her concern for Frances. Another offer to pay back loan at $200.00 per month. T.C. Frances T.C. Frances, demands to see me in message. Visit her at Fair Oaks, calm her down, update her on release of funds from bank. E-mail Sheryl Taylor re: credit card bill, water bill, FPL bill. Have not received any checks. T.C. Anquilla Cay, Newport, Regal for placement. T.C. Fair Oaks for staff update. T.C. Frances she is getting agitated again and does not understand last meeting. Review e-mails from Att. Rosenbach re: case. Travel to Fair Oaks to meet with Frances, go over results of case, placement, her mental state, how she can cope better. Review response e-mail from Att. Rosenbach. T.C. Frances E-mails from S. Hazeltine of?ce re: inventory. T.C. Frances T.C.'s Frances re: getting her money back. T.C. Staff at 4 possible facilities. Review of interview from Anguilla Cay, she will not ?t in. Set up interview with Rn who runs 2 small facilities. T.c. Frances, they are giving her a shot of Medicine tonight, she does not think it is safe. 'TOTDean_Rosenbaeh, update on settlement. Fi? check arrivin toda T.C. Frances, she was seen by owner of ALF. She asks that they serve Kosher food. Said it will be dif?cult to place her. Work on Guardianship Plan and Inventory. (4) messages ?om Frances. Listen and pen to ?le. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. ES. E.S. 1.40 .50 .20 .50 .60 .40 .20 1.50 .30 .80 .20 1.20 .20 .20 1 .20 .30 $133.00 $47.50 $19.00 $47.50 $38.00 $57.00 $38.00 $19.00 $142.50 $28.50 $76.00 $19.00 $114.00 $19.00 $19.00 $19.00 $28.50 $28.50 $95.00 $19.00 19.00 $19.00 $114.00 $28.50 3/6/2015 3/6/2015 3/7/2015 3/8/2015 3/9/2015 3/9/2015 3/10/2015 3/ 10/2015 3/11/2015 3/11/2015 31/11/2015 3/11/2015 3/11/2015 3/11/2015 3/12/2015? 3/12/2015 3/13/2015 3/15/2015 3/16/2015 3118/2015 3113/2015 E-mails from Att. Roscnbach Travel to Sun Bank for more documents. Finalize inventory and guardianship plan. Send to S. Hazeltine. Billing and ?lling. Receive settlement check from Am Trust bank. Review bank records for Sheryl Taylors billing. T.C. Frances, re: discharge, money, treatment at Fair Oaks. Deposit settlement. T.C. Fair Oaks re: discharge plans. T.C. Anquilla Cay. T.C. Kimberly at Anquilla, discuss moving, they are going to do assessment today. T.C. Joseph's village, re: payment. T.C. Fair Oaks, they can discharge her tomorrow. Discuss placement. T.C. Anquilla Cay to discuss move. T.C. Frances to explain move to her. T.C. Anguilla to arrange moving out of Joseph's Place. E?mails from Att. Rosenbach re: case Travel to Anquilla to sign documents and pay rent and deposit. They state she is incontinent. T.C. Fair Oaks, states she is not wearing diapers. Frances told them she was leaking. Visited two possible rooms, one with shared bath. T.C. Frances, (3) explained she would be moving today. Review of billing from Attorney Rosenbach. Preparation of E-mail on revisions to his billing and instructions concerning the handling of interpleader case. T.C. Fair Oaks to go over discharge agreements. Receive fax of all medications and discharge instructions. T.C. Kimberly re: moving. Review petition for authorization to act. Make changes, e-mail return. T.C. Anguilla, Frances will not go upstairs. Discuss roommates. Fax over signatures for room change to Anguilla. T.C. Frances. T.C. S. Hazeltine re: petition to replace Frances for PR of Jerry Berkowitz estate in litigation. T.C. Aide re: setting up payment for her extra food. T.C. Frances. Visit to Frances. Visit with Frances, check out her room, discuss what she wants to move into Anguilla. Frances re: living situation, past history review. Visit with Frances, calm her down, assure her we will get everything she needs. .C. Kimberly at Anguilla re: adjustments for Frances. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. ES. E.S. ES. E.S. E.S. E.S. E.S. E.S. E.S. ES. E.S. ES. .25 .60 .50 .20 .70 .50 .60 .20 .25 1.50 .30 1.80 .50 .20 .40 .20 .70 .40 .30 .80 .40 $23 .75 $57.00 $47.50 $19.00 $66.50 $47.50 $57.00 $19.00 $23.75 $142.50 $28.50 $171.00 $47.50 $19.00 $38.00 $19.00 $66.50 $38.00 $28.50 $76.00 $38.00 3/18/2015 3/ 19/2015 3/ 19/2015 3/19/2015 3/20/2015 3/21/2015 3/23/2015 3/23/2015 3/23/2015 3/25/2015 3/27/2015 3/28/2015 3/28/2015 3/29/2015 3/29/2015 3/3 0/2015 4/ 1/2015 4/1/2015 4/2/2015 4/3/2015 4/8/2015 4/9/2015 4/9/2015 4/9/2015 T.C.'s Frances, wants me to come over to see her. She can't ?nd her ID's. T.C. Anguilla, they have them in omce. Gave permission to give back to her. Scan Death Certi?cate to Dean Rosenbach of?ce for Jerry Berkowitz. I T.C. Dean Rosenbach. Receive and review petition for Jerry Berkowitz. .C.'s Frances ghe is not happy, hates to have} @j?i?f?l cation. wants to move. wants toltalm [to rm}: T.C. Anguilla re: issues with Frances. Frances. T.C. staff nurse re: medications. T.C. movers re: setting up schedule. T.C. 's Frances re: continuation of her life issues. E-mails from Att. Rosenbach re: case Review 18 messages from Frances, make notes and delete. T.C. Frances, wants to see T.C. Frances, set up meeting. Meeting with Dean and Frances. Meeting with staff - re: moving ?nniture and care of Frances. Meeting with Frances to discuss moving. T.C. Discuss Case with Dean T.C. Frances - T.C. Aide to schedule pick up of Frances to take to apartment. T.C. Frances. Prepare items for packing Frances. Meet aide to transfer keys and give instructions. T.C. Movers. Billing and ?lling. T.C. Frances. T.C. 's to set up mOVe. T.C. Anquilla Cay re: Frances belongings needing to be placed. T.C. Capitol One to cancel credit card. Travel to Anquilla to meet movers. Anguilla did not move ?imiture out, have to ?nd a place to store it there. T.C. Frances, (8) thinks her clothes and plates are not there. T.C. to aide to go to show her where they were placed as Anguilla did not have room empty for moving. Frances is ?xating on returning to the apartment. T.C. Anguilla re; Passover. T.C. to local Chabad for services. Ordered, picked up and delivered Seder meal to Anguilla. T.C. Frances. Meeting with Kimberly, Anguilla re: issues. E-mails from Att. Rosenbach re: case. Review ?le. T.C. Frances. Return e-mails for aide. T.C. to forgotten soldiers to pick up couch and break?'ont ?rom apt. T.C. Joseph's place asking when We will have apt; empty. E.S. E.S. as. E5) 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. E.S. E.S. ES. .30 .10 .50 .50 .40 .20 .30 1:50 .20 .50 .15 .50 .40 ..80 .40 .30 .40 .30 :20 $28.50 $9.50 $47.50 $38.00 $47.50 $38.00 $19.00 $47.50 $28.50 $19.00 $142.50 $19.00 $19.00 $47.50 $14.25 $47.50 $38.00 $763.00 $38.00 $28.50 $38.00 $28.50 $38.00 $19.00 4/21/2015 4/22/2015 4/22/2015 4/22/2015 4/23/2015 4/23/2015 4/24/2015 4/24/2015 4/27/20] 5 4/29/2015 5/5/2015 5/6/2015 5/7/2015 5/7/2015 5/8/2015 5/8/2015 5/9/2015 5/ 10/2015 5/11/2015 5/11/2015 5/ 12/2015 5/ 12/2015 5/12/2015 T.C. Frances T.C. Terry Loud the ombudsman Frances called. Described the issues with Frances. Informed me the owner of Anguilla was a born again Christian already investigated for proselytizing. T.C. Marshal Rosenbach? re: settlement discussions about case. T.C. Frances (15) re: food, lost items, visiting her husband. Visit with Frances. Take her to the room where her things are stored and open the boxes for her to review so she would stop telling people her things are missing. Told her we to move to MorseLife where they serve Kosher food. E-mail attorney re: settlement. T.C. Att. Rosenbach re: help with Moreselife. T.C. Frances, T.C. Morselife. Billing and ?lling for Marisol. T.C. Marisol for update. Review. language and amounts dismissed on interpleader. Respond with changes. T.C. Sheryl Taylor, attempt to collect debt. Research wine company loan made to. E-mails from attorney discussing settlement issues, communicating facts ?tom Frances. T.C. the Berkowitz's accountant. T.C. Ombudsman. She is receiving from Frances every day. Issues are food, housing, visiting her husband, getting a new phone. Review doctunents from bank and corresPond with attorney re: settlement of Am Trust interpleader. Review billing ?om Companion. billing and ?lling; E-mails with Att. Rosenbach re: case T.C. Anquilla re: medications, T.C. Frances re: wants us to meet with the banker. Receive Joint stipulation on negligence action, interpleader consent, joint stipulation of dismissal of counterclaims, and settlement draft. Review and respond. T.C. Frances, they are calling her names, she is lonely, told her we would schedule to go to Morselife. T.C. Moreslife. E-mail to aide for update. File documents from Frances's apartment. Review the re-writes and draft additional language concerning the disposition of remaining interpleader funds. . T.C. Morselife to set up for t0ur. T.C. Frances, and arrange transportation and aide. Travel to Morselife to meet director and tour. T.C. Michelle at Morselife, suggest ALF E.S. E.S. E.S. E.S. E.S. as. as: as. as. E.S. E.S. E.S. E.S. E.S-. E.S. E.S. E.S. E.S. E.S. ES. ES. .20 .50 .40 .40 1.30 .20 .70 .70 .40 .50 .40 .80 .50 .20 .30 .40 .30 .50 1.20 .60 1.50 .20 $19.00 $47.50 $38.00 $38.00 $123.50 $19.00 $28.50 $66.50 $66.50 $38.00 $47.50 $38.00 $76.00 $47.50 $19.00 $28.50 $133.00 $28.50 $47.50 $114.00 $57.00 $142.50 $19.00 5/13/2015 5/14/2015 5/15/2015 5/15/2015 5/15/2015 5/15/2015 5/18/2015 5/18/2015 5/ 19/2015 5/20/2015 5/21/2015 5/22/2015 5/25/2015 5/26/2015 5/26/2015 5/27/2015 5/27/2015 5/28/2015 5/28/2015 6/1/2015 6/3/2015 6/3/2015 6/6/2015 616/2015 6/7/2015 6/8/2015 6/ 15/2015 6/ 16/2015 with Kosher delivery. Review engagement contract. T.C. Murphy nurse giving injections to Frances. She is refusing medication. Pay medical bill. Request to get her on pills as the cost is 200 per month for the injections. Change deliVery for statements. Check online account, update accounting. T.C. to request new checks with correct address. T.C. Frances, (8) needs bra's, Kosher food, visit to cemetery. Review notes from advisor on high interest accounts for investment of the upComing settlement. Billing and ?ling for aide. Review e-mail from Att. Rosenbach re: interpleader Multiple calls ?'om Frances. Schedule to meet her this week. T.C. Frances, Anguilla Cay sta?'. Speak to Mirasol re: getting her to memorial park. T.C. Ombudsman. T.C. Frances to set up trip to bank. Travel to SunTrust Delray branch for Frances. Meet Frances and complete banking. T.C. to Sheryl requesting additional documents. Billing and e?mail to accountant. T.C. Frances,lwants to talk to attorney) Review and respond to Att. Rosenwater re: case Travel to Sun Trust to open additional account with debit to order Kosher food delivery, etc. T.C. Anguilla, Sheryl is calling. T.C. Frances (5) re: Sheryl stepped payment on her phone. Billing and ?lling. T.C. SunTrust bank investment advisor. Review settlement ?'om Am Trust. Discuss with attorney. Pick up phone from Frances, research new plan for seniors she wants. T.C. Frances wants to meet today, obsessing over past issues. E?mails with Att. Rosenbach re: getting paperwork from Priscilla. Visit with Frances re: new phone and documents from Sheryl. Update on case. E-mail to Att. Rosenbach re: paperwork found in France's boxes. Visit with Frances to pick up additional paperwork. T.C. Frances, need to get her FS help. T.C. Frances concerned over money. Meeting at Wells Fargo re: new investment plan. Meeting with Frances. T.C. Pharmacy, nurse Murphy, Wellcare. Download E.S. E.S. I ES. E.S. as. as. E.S: E.S. as. ES. .20 .40 .80 .30 .40 .15 .30 .30 .30 1.20 .60 .40 1.20 .80 .20 .30 1.00 .20 .80 .30 .40 .60 1.00 $19.00 $3 8.00 $76.00 $28.50 $38.00 $14.25 $19.00 $28.50 $28.50 $28.50 $114.00 $28.50 $19.00 $23.75 $66.50 $57.00 $38.00 $114.00 $76.00 $19.00 $28.50 $95.00 $19.00 $76.00 $28.50 $3 8.00 $57.00 $95.00 6/19/2015 6/23/201 5 6/23/201 5 6/23/201 5 6/23/2015 6/23/20 1 5. 6/26/2015 6/26/2015 6/28/2015 6/29/2015 7/1/2015 7/2/2015 7/6/2015 7/8/2015 7/13/2015 7/ 13/2015 7/ 16/2015 7/ 17/2015 7/ 17/2015 7/ 17/2015 7/ 1812015 7/19/2015 7/20/20 15 7/2 0/20 15 7/20/201 5 7/21/2015 7/21/2015 forms, submit. Pick up Frances and go out to Veterans cemetery to see where she has plot pro-purchased. Meeting with staff re: changing medication to pill, discontinuing the injections per Frances agreement. T.C. Nurse at Anguilla re: new medication, change to generic, covered by insurance. Conference with Attomiey re: funding of account. T.C. Frances re: various issues. T.C. Independent small home for possible placement. . T.C. Frances, they are starting her on the pills Sunday, and she is willing to comply. States she is lonely and wants me to contact her over the weekend. Work on ?nding additional aid and telephone companion. T.C. Frances, it is her 63 wedding anniversary today. Discussed getting her into the boynton beach senior center for additional activities and socialization. E-mails with Att. Rosenbach re: settlement. T.C. Frances, tums 85 today. Spoke about getting her into activities. Review ?nal order on dismissal. Copy and take to Frances. Meet and discuss Boynton Senior Center. E-mails from Att. Rosenbach re: payment. T.C. Boynton Senior Center. T.C. Frances. Discuss visit to Boynton and Lake Worth senior centers. Requirements for additional services, tranSportation. Review June 30th billing ?om Rosenbach on interpleader case. T.C. Frances, she now wants to move, has had an altercation with another resident. M35515- T.C. SunTrust, ?mds arrived. Set up appt. with adviser. T.C. Frances Discussion with Dean Rosenbach concerning reductions to bill and preparation of E-mail memorializing same. Meeting with Frances re: senior center. Brought her to dinner and spoke with kitchen staff re: getting her food she wants to eat. Discussion with new nursing sta?? re: attending senior center with urinary problem. Review ?les for original billing. T.C. Frances re: getting aide to take her out. Additional review of billing on interpleader case. B- mails to Dean Rosenbach. Interview additional aid. Set up meeting. as. as. as. as. as: E.S. ES. E.S. E.S. E.S. E.S. E.S. E.S. E.S. E.S. IBIS) as. ES. as, as. as. as. as: E.S. 1.50 .20 .30 .30 .20 .20 .30 .30 .25 .20 1.30 .10 .30 1.50 .20 CEO) .20 .20 1.25 1.25 .30 .30 .40 .60 $142.50 $19.00 $28.50 $23.50 $23.75 $19.00 $19.00 $28.50 $28.50 $23.75 $19.00 $123.50 $9.50 $28.50 $28.50 $142.50 $19.00 05230 $19.00 $19.00 $118.75 $118.75 $28.50 $28.50 $19.00 $38.00 $57.00