IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.:50-2014-GA-000630-XXXX-NB FOURTH DISTRICT CASE NO.:4D16-2132 WILLIAM WEBSTER MILLSAPS RECEIVED, 8/9/2016 9:50 AM, Clerk, Fourth District Court of Appeal Appellant(s), VS. GUARDIANSHIP OF FRANCES BERKOWITZ, ET AL. Appellee(s) INDEX TO RECORD ON APPEAL COPIES FURNISHED TO: DONNA GREENSPAN SOLOMON, ESQ DONNA@SOLOMONAPPEALS.COM WEBB MILLSAPS, ESQ WEBB@WEBMILLSAPSLAW.COM ELLEN S. MORRIS, ESQ EMORRIS@ELDERLAWASSOCIATES.COM RECORDS ON APPEAL 000001 ____________________________________________________________________ IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ____________________________________________________________________ Record on Appeal Index Thursday, August 04, 2016 Case #: 502014GA000630XXXXNB Case Description: WEBB MILLSAPS DateFiled INSTRUMENT Page 12/04/14 ORDER APPOINTING COUNSEL: ORDER APPOINTING COUNSEL ON PETITION FOR APPOINTM 0008-0008 12/04/14 ORDER APPTG EMER TEMP GDN: ORDER APPOINTING EMERGENCY TEMPORARY GUARDIAN Fi 0009-0010 12/04/14 LTRS EMER TEMP GDN OF PER/PROP: LETTERS OF EMERGENCY TEMPORARY GUARDIANSHIP 0011-0012 12/08/14 EMERGENCY MOTION: TO COMPEL SUNTRUST BANK TO PROVIDE ACCESS TO FINANCIAL RE 0013-0015 12/08/14 APPLICATION OF GUARDIAN: FOR APPOINTMENT OF ELIZABETH SAVITT AS PLENARY GUA 0016-0019 12/08/14 OATH: OF PLENARY GUARDIAN ELIZABETH SAVITT AND DESIGNATION OF RESIDENT AGEN 0020-0021 12/08/14 AGREED ORDER: AGREED ORDER GRANTING EMERGENCY MOTION TO COMPEL SUNTRUST BAN 0022-0023 01/05/15 PETITION FOR APPOINTMENT: OF PERMANENT GUARDIAN F/B PETITIONER E-FILED File 0024-0027 01/07/15 ORDER APPOINTING GDN OF PERSON: APPOINTING ELIZABEHT SAVITT AS LIMITED GUAR 0028-0030 01/07/15 LETTERS: OF LIMITED GUARDIAN S/B JUDGE JEFFREY D GILLEN 0031-0032 01/07/15 COPY: COPY OF ORDER DETERMINING LIMITED INCAPACITY; SIGNED BY JUDGE GILLEN 0033-0034 01/08/15 ORDER APPT EXAMINING COMMITTEE: FOR GUARDIAN TO PAY EXAM COMMITTEE S/B JUDG 0035-0036 01/09/15 PETITION FOR ATTORNEY'S FEES: F/B ATTY HAZELTINE 0037-0044 02/26/15 MOTION FOR EXTENSION OF TIME: TO INITIAL GUARDIANSHIP PLAN AND VERIFIED INV 0045-0046 03/12/15 PETITION: FOR AUTHORIZATION TO ACT F/B ATTY HAZELTINE OBO GUARDIAN Filed by 0047-0048 03/16/15 PETITION: FOR AUTHORITY TO ACT F/B ATTY HAZELTINE OBO ELIZABETH SAVITT File 0049-0050 03/24/15 AGREED ORDER: AUTHORIZING PAYMENT OF ATTORNEYS FEES AND COSTS S/B JUDGE JEF 0051-0051 03/24/15 AGREED ORDER: ON MOTION FOR EXTENSION OF TIME OF 45 DAYS TO FILE REPORTS S/ 0052-0052 03/25/15 AGREED ORDER: FOR AUTHORIZATION TO ACT S/B JUDGE JEFFREY D GILLEN 0053-0054 04/15/15 CLERK AUDIT VERIFIED INVENTORY 0055-0059 04/15/15 CLERKS REVIEW OF GDNSHP PLAN 0060-0061 04/21/15 ORDER APPROVING GDNSHP PLAN: FOR 12/4/15 - 1/31/16 S/B JUDGE JEFFREY D GILL 0062-0062 04/21/15 ORDER APPROVING INVENTORY: S/B JUDGE JEFFREY D GILLEN 0063-0063 04/22/15 PETITION FOR ATTORNEY'S FEES: F/B ATTY HAZELTINE Filed by ATTORNEY SHERI L 0064-0070 05/04/15 AGREED ORDER: AUTHORIZING PAYMENT OF ATTORNEYS FEES AND COSTS F/B JUDGE JEF 0071-0071 08/25/15 PETITION FOR ORDER: AUTHORIZING PAYMENT OF COMPENSATION AND EXPENSES OF GUA 0072-0086 09/22/15 AGREED ORDER: AUTHORIZING COMPENSATION AND EXPENSES OF GUARDIAN S/B JESSICA 0087-0087 12/11/15 ORDER TO SHOW CAUSE: FOR 1/5/16 AT 9 S/B MAGISTRATE SARAH WILLIS - cancelle 0088-0088 01/11/16 PETITION FOR ATTORNEY'S FEES: F/B SHERI HAZELTINE 0089-0093 01/12/16 CLERKS REVIEW OF GDNSHP PLAN 0094-0095 01/13/16 PETITION FOR ORDER: PETITION FOR ORDER AUTHORIZING PAYMENT OF COMPENSATION 0096-0101 01/19/16 ORDER APPROVING GDNSHP PLAN: FOR 2/1/16 - 1/31/17 DTD 1/14/16 S/B JUDGE JES 0102-0102 01/26/16 STIPULATION: FOR SUBSTITUTION OF COUNSEL F/B ATTY HAZELTINE E-FILED 0103-0104 02/03/16 PETITION FOR ATTORNEY'S FEES: F/B ATTY HAZELTINE E-FILED 0105-0109 02/03/16 AFFIDAVIT OF CLERK: AND APPLICATION FOR 3RD PARTY SUBPOENA F/B ANTHONY PALM 0110-0112 02/04/16 CORRESPONDENCE: TO ELLEN MORRIS FROM ANTHONY PALMIERI DEPUTY CLERK & SENIOR 0113-0115 02/10/16 ORDER OF RECUSAL/REASSIGNMENT: DTD 2/1/16 S/B JUDGE JESSICA TICKTIN 0116-0116 000002 ____________________________________________________________________ IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ____________________________________________________________________ Record on Appeal Index Thursday, August 04, 2016 Case #: 502014GA000630XXXXNB Case Description: WEBB MILLSAPS 02/11/16 NOTICE OF REASSIGNMENT CIVIL 0117-0117 02/13/16 PETITION: FOR REMOVAL OF GUARDIAN, ELIZABETH SAVITT, BASED ON WASTING, EMBE 0118-0144 02/13/16 APPENDIX: SUMMARY OF BANK STATEMENT 0145-0145 02/19/16 PETITION FOR ORDER: AUTHORIZING GUARDIAN TO ACT F/B ELIZABETH SAVITT 0146-0148 02/19/16 PETITION FOR ORDER: AUTHORIZING GUARDIAN TO ACT F/B ELIZABETH SAVITT 0149-0150 02/25/16 ORDER: AUTHORIZING GUARDIAN TO ACT DTD 2/25/16 JDG HOWARD COATES 0151-0151 02/25/16 ORDER: AUTHORIZING GUARDIAN TO ACT DTD 2/25/16 JDG HOWARD COATES 0152-0152 02/26/16 MOTION TO DISMISS: PETITION FOR REMOVAL OF GUARDIAN, ELIZABETH SAVITT F/B 0153-0156 03/01/16 MOTION TO STRIKE: REQUEST FOR NOTICES AND COPIES OF PLEADINGS - F/B ATTY MO 0157-0161 03/02/16 OBJECTION: PETITIONER'S OPPOSITION TO GUARDIAN'S MOTION TO STRIKE REQUEST F 0162-0171 03/02/16 OBJECTION: PETITIONER'S OPPOSITION TO GUARDIAN'S MOTION TO DISMISS - F/B AT 0172-0199 03/08/16 AGREED ORDER: AUTHORIZING COMPENSATION AND EXPENSES OF GUARDIAN DTD 3/7/16 0200-0200 03/14/16 ORDER AWARDING ATTORNEY FEES: AND COSTS DTD 3/10/16 JDG HOWARD COATES 0201-0201 03/14/16 AGREED ORDER: AUTHORIZING PAYMENT OF ATTORNEYS FEES AND COSTS - SIGNED 3/1 0202-0202 03/22/16 MOTION: FOR ATTORNEY'S FEES AND INTEREST - F/B ELIZABETH SAVITT 0203-0204 04/19/16 PETITION FOR ORD DESIG DEPOSIT: F/B ATTY MORRIS OBO PETITIONER 0205-0208 04/25/16 MOTION TO STRIKE: GUARDIAN'S NOTICE OF SPECIAL SET HEARING F/B ATTY SOLOMON 0209-0211 04/29/16 PETITION TO EXTEND TIME: FOR FILING ANNUAL ACCOUTING F/B GRD 0212-0212 05/03/16 ORDER EXTENDING TIME: FOR FILINGANNUAL ACCOUNTING S/B JUDGE HOWARD K. COATE 0213-0213 05/03/16 PETITION: TO VACATE SETTLEMENT OF UNDERLYING ACTIONS & TO SET ASIDE SISMISS 0214-0226 05/03/16 MOTION TO STRIKE: NOTICE OF SPECIAL-SET HEARING FILED BY DONNA GREENSPAN SO 0227-0229 05/19/16 ORDER DESIGNATING DEPOSITORY: FOR ASSETS WITH INVESTMENT POWERS AND APPROVI 0230-0232 05/27/16 ORDER: (OMNIBUS) ON MOTION TO DISMISS PETITION FOR REMOVAL OF GUARDIAN, M 0233-0235 06/12/16 MOTION: FOR REHEARING OF OMNIBUS ORDER - F/B WILLIAM MILLSAPS & DONNA GREEN 0236-0314 06/15/16 RESPONSE TO:: PETITIONERS' MOTION FOR REHEARING OF OMNIBUS ORDER - F/B ELIZ 0315-0316 06/16/16 ORDER DENYING: PETITIONER'S MOTION FOR REHEARING OF OMNIBUS ORDER DTD 06/16 0317-0317 06/21/16 NOTICE OF APPEAL CIVIL: F/B ATTY SOLOMON 0318-0324 08/04/16 CERTIFICATE OF CLERK 0325-0325 000003 Case #: 502014GA000630XXXXNB Case Description: WEBB MILLSAPS # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Effective Date Count 12/3/2014 12/3/2014 12/3/2014 12/3/2014 12/3/2014 12/3/2014 12/4/2014 12/4/2014 12/4/2014 12/5/2014 12/8/2014 12/8/2014 12/8/2014 12/8/2014 12/8/2014 12/18/2014 1/5/2015 1/7/2015 1/7/2015 1/7/2015 1/7/2015 1/7/2015 1/8/2015 1/9/2015 1/9/2015 2/26/2015 2/26/2015 3/6/2015 3/6/2015 3/6/2015 3/12/2015 3/12/2015 3/16/2015 3/16/2015 3/18/2015 3/24/2015 3/24/2015 3/24/2015 3/24/2015 3/25/2015 3/25/2015 4/15/2015 4/15/2015 4/15/2015 Description ADDITIONAL COMMENTS CPFF/FO-PP-PR-GA PENDING PETITION APPTG EMER TEMP GDN NOTICE OF CONFIDENTIAL FILING RECEIPT FOR PAYMENT ORDER APPOINTING COUNSEL ORDER APPTG EMER TEMP GDN LTRS EMER TEMP GDN OF PER/PROP NOTICE OF APPEARANCE EMERGENCY MOTION APPLICATION OF GUARDIAN OATH NOTICE OF UNAVAILABILITY AGREED ORDER NOTICE OF UNAVAILABILITY PETITION FOR APPOINTMENT NOTICE OF APPEARANCE DISPOSED BY JUDGE ORDER APPOINTING GDN OF PERSON LETTERS COPY ORDER APPT EXAMINING COMMITTEE REOPEN PETITION FOR ATTORNEY'S FEES REOPEN MOTION FOR EXTENSION OF TIME INITIAL GUARDIANSHIP PLAN NOTICE OF CONFIDENTIAL FILING INITIAL VER GDNSHP INVENTORY REOPEN PETITION REOPEN PETITION NOTICE OF HEARING REDISPOSED REDISPOSED AGREED ORDER AGREED ORDER REDISPOSED AGREED ORDER CLERK AUDIT VERIFIED INVENTORY CLERKS REVIEW OF GDNSHP PLAN REOPEN Page 1 of 4 000004 Case #: 502014GA000630XXXXNB Case Description: WEBB MILLSAPS # 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Effective Date Count 4/15/2015 4/21/2015 4/21/2015 4/21/2015 4/21/2015 4/22/2015 4/22/2015 5/1/2015 5/4/2015 8/25/2015 8/25/2015 9/22/2015 9/22/2015 12/11/2015 12/11/2015 12/14/2015 1/11/2016 1/11/2016 1/12/2016 1/12/2016 1/13/2016 1/13/2016 1/15/2016 1/19/2016 1/25/2016 1/25/2016 1/26/2016 2/3/2016 2/3/2016 2/4/2016 2/4/2016 2/5/2016 2/10/2016 2/11/2016 2/11/2016 2/13/2016 2/13/2016 2/17/2016 2/19/2016 2/19/2016 2/19/2016 2/22/2016 2/23/2016 2/23/2016 Description REOPEN REDISPOSED REDISPOSED ORDER APPROVING GDNSHP PLAN ORDER APPROVING INVENTORY REOPEN PETITION FOR ATTORNEY'S FEES REDISPOSED AGREED ORDER REOPEN PETITION FOR ORDER REDISPOSED AGREED ORDER REOPEN ORDER TO SHOW CAUSE ANNUAL GUARDIANSHIP PLAN REOPEN PETITION FOR ATTORNEY'S FEES REOPEN CLERKS REVIEW OF GDNSHP PLAN REOPEN PETITION FOR ORDER INACTIVE DIVISION ORDER APPROVING GDNSHP PLAN NOTICE NOTICE STIPULATION PETITION FOR ATTORNEY'S FEES AFFIDAVIT OF CLERK CORRESPONDENCE NOTICE OF PRODUCTION NON PARTY SUBPOENA ISSUED ORDER OF RECUSAL/REASSIGNMENT DIVISION ASSIGNMENT NOTICE OF REASSIGNMENT CIVIL PETITION APPENDIX NOTICE OF HEARING PETITION FOR ORDER PETITION FOR ORDER NOTICE OF HEARING NOTICE OF HEARING NOTICE NOTICE Page 2 of 4 000005 Case #: 502014GA000630XXXXNB Case Description: WEBB MILLSAPS # 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 Effective Date Count 2/23/2016 2/23/2016 2/23/2016 2/25/2016 2/25/2016 2/25/2016 2/26/2016 2/26/2016 3/1/2016 3/2/2016 3/2/2016 3/8/2016 3/14/2016 3/14/2016 3/22/2016 3/22/2016 3/23/2016 3/24/2016 4/19/2016 4/21/2016 4/25/2016 4/29/2016 5/3/2016 5/3/2016 5/3/2016 5/3/2016 5/3/2016 5/3/2016 5/19/2016 5/27/2016 6/1/2016 6/1/2016 6/6/2016 6/12/2016 6/15/2016 6/16/2016 6/16/2016 6/21/2016 6/21/2016 6/23/2016 6/23/2016 6/27/2016 6/27/2016 6/28/2016 Description AFFIDAVIT CLERK SUBPOENA ISSUED CLERK SUBPOENA ISSUED REQUEST ORDER ORDER MOTION TO DISMISS REQUEST FOR COPIES MOTION TO STRIKE OBJECTION OBJECTION AGREED ORDER ORDER AWARDING ATTORNEY FEES AGREED ORDER MOTION NOTICE OF HEARING NOTICE OF HEARING NOTICE OF HEARING PETITION FOR ORD DESIG DEPOSIT NOTICE OF HEARING MOTION TO STRIKE PETITION TO EXTEND TIME NOTICE OF HEARING ORDER EXTENDING TIME PETITION RE-NOTICE OF HEARING MOTION TO STRIKE RE-NOTICE OF HEARING ORDER DESIGNATING DEPOSITORY ORDER ANNUAL GUARDIANSHIP ACCOUNTING NOTICE OF CONFIDENTIAL FILING PAID ON RECEIPT MOTION RESPONSE TO: ACCEPTANCE ORDER DENYING NOTICE OF APPEAL CIVIL APPEALS CALENDAR EVENT AUTOMATIC RECEIPT APPELLATE FILING PAID ON RECEIPT ORDER ACKNOWLEDGMENT OF NEW CASE PETITION Page 3 of 4 000006 Case #: 502014GA000630XXXXNB Case Description: WEBB MILLSAPS # 133 134 135 136 137 138 139 140 141 142 143 144 145 146 Effective Date Count 6/29/2016 6/29/2016 6/30/2016 7/14/2016 7/14/2016 7/18/2016 7/18/2016 7/21/2016 7/21/2016 7/21/2016 7/21/2016 7/21/2016 7/21/2016 7/28/2016 Description MOTION MOTION PETITION FOR ATTORNEY'S FEES NOTICE OF HEARING NOTICE OF HEARING PETITION FOR ORDER NOTICE OF HEARING REQUEST REQUEST REQUEST REQUEST NOTICE NOTICE ORDER Page 4 of 4 000007 - -.--·.::.:-!-' ' . ;:. , . -- ' :.;--( --. -- ..• ;· ·' --:..~ . . . .. _... -~ .,~_- . .... IN THE CIRCUIT COURT OF THE FIFTEENm JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA PROBATE/GUARDIANSHIP DIVISION "IZ" CASE NUMBER: 502014GA000630SB IN RE: GUARDIANSHIP OF, FRANCIS BERKOWITZ, Alleged Incapacitated Person. ORDER APPOINTING COUNSEL ON PETITION FOR APPOINTMENT· OF EMERGENCY TEMPORARY GUARDIAN THE COURT hereby ORDERS that EDWARD SHIPE, Esquire, is hereby appointed counsel to represent FRANCIS BERKOWITZ an alleged ,incapacitated person, in all pending matters under 744.3031( 1), Petition for Determination of Emergency Temporary Guardian, Florida Statutes. DONE AND ORDERED at Delray Beach, Palm Beach County, Florida, on this 4TH day of DECEMBER, 2014. Copies furnished to: FRANCIS BERKOWTIZ ALLEGED WARD 8925 WOODGROVE RIDGE COURT BOYNTON BEACH, FL 33473 WEBB MILLSAPS, ESQUIRE ATTORNEY FOR PETITIONER 160 W. CAMINO REAL #190 BOCA RA TON, FL 33486 561-900-7238 EDWARD SHIPE, ESQUIRE ATTORNEY FOR ALLEGED WARD 350CAMINO GARDENS BLVD., #301 BOCA RA TON, FL 33432 561-347-7070 ELIZABETH SA VITT, ESQ. PROFESSIONAL GUARDIAN 501 N. COUNTRY CLUB RD ATLANTIS, FL 33462 561-573-1292 Copies furnished by e·mail 000008 IN THE CIRCUIT COURT FOR PALM BEACH COUNTY, FLORIDA IN RE: GUARDIANSHIP OF Frances Berkowitz Division -;[°1,,,.- ORDER APPOINTING EMERGENCY TEMPORARY GUARDIAN On the petition of Webb Millsaps for appointment of emergency temporary guardian for Frances Berkowitz, an alleged incapacitated person, who is represented by counsel in these proceedings, and it appearing to the court that there is an imminent danger that the physical or mental health or safety of the alleged incapacitated person will be seriously impaired or that the property of that person is in danger of being wasted, misappropriated or lost unless immediate action is taken; and the court havingjurisdiction and being fully advised; it is ADJUDGED as follows: is qualified to serve and is-hereby appointed as plenary I. emergency temporary guardian of the person of Frances Berkowitz (the "AIP" or "Ward"). 2. Upon taking the prescribed oath, filing designation of resident agent and acceptance and entering into bond in the amount of$ _ L payable to the Governor of the State ofFlorida and all successors in office, conditioned on th~ faithful performance of all duties ·by the guardian, letters of emergency temporary guardianship shall be issued to the plenary emergency temporary guardians granting the following powers and duties: pL6.tJ it{l~ CFN 20140448534, OR BK 27200 PG 144,RECORDED 12/05/2014 12:27:17 Sharon R. Bock,CLERK & COMPTROLLER, Palm Beach County, NUM OF PAGES 2 000009 AMT: 4. T?e Court is not aware whether the Ward has executed any va:fid advance directive l under Chapter 765, Florida Statutes. If any such advance directive exists, the guardian shall exercise no authority over a health care surrogate until further order of this Court. 5. Unless further extended by order of this Court, the authority of the plenary emergency temporary guardian will expire ninety (90) days after the date of this order, or when a guardian is appointed pursuant to Florida Statutes Section 744.344, whichever occurs first ORDERED on vG'Q!t\'3a?R Lf t'3{). l(jj\k)~ S\:\ '-~t, <2 S~. , 2014. ~R. ~u-~ v~ l - C(oo- rtd. 38 5~ \ - 3 4 Al- 'ZD l/ V ( CnvJI~ f\QPY-) r_ui-~fb<:C.·rc; SA\ftll, ~Slt. '5!e\- :5fl.3- t~'f ;;i 000010 145, 2 OF 2 CFN 20140448534 BOOK 27200 PAGE - ··~ .. --.: .. -•.r-.-.. IN THE CIRCUIT COURT FOR PALM BEACH COUNTY, FLORIDA IN RE: GUARDIANSHIP OF Frances Berkowitz Division ~ .J..'t- LETTERS OF EMERGENCY TEMPORARY GUARDIANSHIP TO ALL WHOM IT MAY CONCERN: has been appointed emergency temporary guardian ofthe person and property of Frances Berkowitz (the Ward) and has taken the prescribed oath and performed all other acts prerequisite to issuance of letters of emergency temporary guardianship of the Ward; NOW THEREFORE, I, the undersigned circuit judge, declare tL12-A 6 O&-t SA-vt l \ , duly qualified under the laws of the State of Florida, to act as emergency temporary guardian of the person and property of the Ward with full power to exercise the following powers and duties: 'fl t LJd= n. "( The guardian shall not exercise authority over any health care surrogate appointed by any valid advance directive executed by the Ward under Chapter 765, Florida Statutes, nor designate a healt.h care surrogate pursuant to Chapter 765, Florida Statutes, except upon further order of this Court. -1- Copies f:yrnished by e-mail - CFN 20140448532, OR BK 27200 PG 141,RECORDED 12/05/2014 12:26:27 Sharon R. Bock,CLERK & COMPTROLLER, Palm Beach County, NUM OF PAGES 2 000011 AMT: . . ......-7·:·· .~...: ' ;· .- ..!·· . . The authority of the emergency temporary guardians expires ninety (90) days after the date hereof, unless earlier terminated by the appointment of a guardian or extended by order of this court. ORDERED on VELi:HOf·I~ t-J , 2014. -2- 000012 142, 2 OF 2 CFN 20140448532 BOOK 27200 PAGE Filing# 21339560 Electronically Filed 12/08/2014 12:29:23 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: GUARDIANSHIP OF DIVISION: IZ FRANCES BERKOWITZ. CASE NO. 502014GA000630XXXXSB EMERGENCY MOTION TO COMPEL SUNTRUST BANK TO PROVIDE ACCESS TO FINANCIAL RECORDS; AND MOTION TO DIRECT SUNTRUST BANK TO DISTRIBUTE ANY AND ALL FUNDS OF WARD AND/OR OF HER TRUST TO THE GUARDIAN COMES NOW Sheri L. Hazeltine, Esq., attorney for ELIZABETH SAVITT, the guardian of the person and property, and files this Emergency Motion to Compel SunTrust Bank to provide access to financial records of the Ward to the guardian, and motion to direct SunTrust Bank to immediately distribute any and all funds held in the Ward's personal name and/or joint owners, or in the name of her revocable Trust to the guardian, and states as follows: 1. Ms. Savitt was appointed the guardian of the person and property of the Ward, FRANCES BERKOWITZ, on December 4, 2014 by the Honorable Circuit Judge Gillen. 2. Since her appointment, the guardian has discovered the Ward holds financial accounts in her personal name and/or in the name of her revocable Trust at SunTrust Bank. The guardian is concerned as she believes funds are in danger of being stolen or transferred into new accounts, or improperly withdrawn, accounts closed, and funds transferred into new accounts by other persons, including PRINCELLA LEWIS and/or her company, "Prestigious Lifecare for Seniors LLC" and/or PL Firm, LLC; and/or GLENN RICARDO MILLER. 3. A complaint was filed and is pending in Case No. 502013CA005491XXXXMB -AJ (Frances Berkowitz v. Princella Lewis, Prestigious lifecare for Seniors LLC F/K/A PL Firm, 1 000013 LLC, a limited liability company, and Glenn Ricardo Miller) on behalf of the Ward by her attorney Webb Millsaps, Esq. A copy of a second amended complaint was attached as Exhibit A to the petition for appointment of emergency temporary guardian and contains a detailed description of the accounts belonging to Frances Berkowitz that were liquidated, closed, and transferred to SunTrust Bank. 4. Since her appointment, the guardian has contacted SunTrust Bank in an attempt to gather, preserve and protect the Ward's funds. The institution has denied her initial access to information and records regarding the Ward's personal accounts and policies and also trust accounts, in addition to denying her requests to transfer the Ward's funds into a new guardianship account. 5. Based on the foregoing information, there is imminent danger that some or all of the Ward's remaining personal and trust funds located at SunTrust Bank will be depleted, removed, or transferred unless immediate action is taken to preserve these funds. It is important that records be obtained immediately in order to ascertain which accounts were closed, when they were closed, and by whom in order to pursue further legal proceedings to obtain their return. 6. The guardian requests the Honorable Court order SUNTRUST BANK to provide immediate access to any and financial records pertaining to any and all accounts (solely or jointly owned) in the personal name of FRANCES BERKOWITZ, and/or in the name of her Trust(s). This includes any and all accounts that include the Ward's name, the name of her Trust(s), and/or include the names of joint owner(s) on joint personal and/or Trust accounts with FRANCES BERKOWITZ. 7. Finally, the guardian requests that the Honorable Court direct SUNTRUST BANK to distribute any and all remaining funds belonging to FRANCES BERKOWITZ, of her Trust(s), 2 000014 and/or funds belonging to FRANCES BERKOWITZ listed in her personal name along with a joint owner or joint owners in a personal account or accounts and/or any and all Trust accounts, immediately to the guardian ELIZABETH SAVITT, for transfer into a new guardianship account(s). DATED this 8th day of December, 2014 at Delray Beach, Florida. IATES, P.A. SHERI Sheri L. Hazeltine, Esq. sheri@hazeltinelaw.com Florida Bar No. 0674567 Attorney for the guardian Elizabeth Savitt. 800 Palm Trail, Suite 3 Delray Beach, Florida 33483 (561) 243-4655 (office) (561) 243-6933 (fax) CERTIFICATE OF SERVICE This is to certify that a true and correct copy of this 'EMERGENCY MOTION TO COMPEL SUNTRUST BANK TO PROVIDE ACCESS TO FINANCIAL RECORDS; AND MOTION TO DIRECT SUNTRUST BANK TO DISTRIBUTE ANY AND ALL FUNDS OF WARD AND/OR OF HER TRUST TO THE GUARDIAN was sent via E-Service to the following parties and/or persons of interest on this 8th day of December, 2014: 1.) Webb Millsaps, Esq., petitioner 160 W. Camino Real, #190 Boca Raton, FL 33483 (561) 900-7238 (office) webb@webbmillsapslaw.com 2.) Edward Shipe, Esq., court appointed counsel 350 Camino Gardens Blvd. Ste. 301 Boca Raton, FL 33432-5825 eddieshi e b ns uth net eri . Hazeltine, Esq. Florida Bar No. 0674567 3 000015 Filing# 21349020 Electronically Filed 12/08/2014 02:24:29 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: GUARDIANSHIP OF DIVISION: IZ FRANCES BERKOWITZ. CASE NO. 502014GA000630XXXXSB APPLICATION FOR APPOINTMENT OF ELIZABETH SAVITT AS PLENARY GUARDIAN Pursuant to Section 744.3125, Florida Statutes, the undersigned, ELIZABETH SAVITT, submits this application for appointment as plenary guardian for FRANCES BELO WITZ, and submits the following information: 1. Name of Applicant: ELIZABETH SAVITT 2. Social Security Number: • • • • 3. Date and Place of Birth: 09/09/1955 4. Residence address: 501 North Country Club Drive, Atlantis, Florida 33462 5. Mailing Address: same 6. U.S. Citizen? yes 7. Employer's name and address: Savitt Guardians, 501 North Country Club Drive, Atlantis, Florida 33462 8. Marital status and name of spouse, if any: Martin H. Colin 9. Home telephone number: 561-573-1292 Work telephone number: 561-573-1292 10. Length of residence in county wherein application is filed: 15 years 11. If currently serving as guardian for any other ward, list names of each ward, case number(s), circuit court(s) where case(s) is/are pending and whether each guardianship is limited or plenary: Roberta Cooper, Limited Guardian #502012GA000482XXXXSB Carol Dobrzynski, Guardian Advocate# 502010GA000556XXXXSB Danielle Peterson, Guardian Advocate# 502010GA000431XXXXSB Wendy Schmid, Plenary Co-Guardian 502009GA000028XXXXMB Shannon Gillis, Guardian Advocate, #502012GA000500XXXXSB Shelby Lafountain, Guardian Advocate, #502012GA000564XXXXSB 1 000016 Sarah Goodfriend, Guardian Advocate, #502003GA0000652XXXXSB Betty Heizenroth, Plenary Co-Guardian, #502014GA000047XXXXSB Dolores Thur, Plenary Guardian, #502013GA000262XXXXSB Carla Simmonds, Plenary, #502014GA000327XXXXSB Albert Vassallo, Limited, #502014GA000369XXXXSB Robert Wein, Plenary, #502014GA000472MBXXXXMB Frances Berkowitz, Plenary, $502014GA000630XXXXSB 12. Does applicant have any physical disabilities? Yes [ ] No [ x] If yes, please describe and state whether such disability will affect applicant's ability, in any degree, to serve as guardian: 13. Has applicant ever been treated for the following: a. Mental condition? Yes[ ]No[x] b. Alcohol? Yes[ ]No[x] c. Drugs? Yes[ ]No[x] d. Other? Yes [ ] No [ x] If "yes" was answered to any of the above, please state date, time, location of treatment and name of physician or professional involved: 14. Has applicant ever been judicially determined to have committed abuse or neglect against a child or adult as defined by Florida Statute? Yes [ ] No [ x] 15. Has applicant ever been the subject of a confirmed report of abuse, neglect, or exploitation which has been uncontested or upheld pursuant to the provisions of Sections 415.104 and 415.1075 of the Florida Statutes? Yes [ ] No [ x] 16. Has applicant ever been charged with fraud, misrepresentation or perjury in a judicial or administrative proceeding? Yes [ ] No [ x ] If yes, please give date and complete details: 17. Has applicant ever been charged with, arrested for or convicted of a felony? Yes [ ] No [ x ] . If yes, please furnish details including date, type of offense, location and final disposition: 18. Has applicant ever been charged with, arrested for or convicted of any other crimes? Yes [ ] No [ x ]. If yes, please furnish details including date, type of offense, location and final disposition: 19. Has applicant ever held a position which required bonding? Yes [ x] No [ ]. If yes, please describe position, date, amount of bond and name of surety: 2 000017 Professional Guardian, 50,000.00 Jurisco 20. Has applicant, in the past, ever served as guardian of a person or of a person's property? Yes [ x] No [ ]. If yes, please describe below, including reason for termination of fiduciary position: Guardianships are all ongoing except for Barry Stone, deceased. 21. Has applicant ever been held in contempt of court or removed as guardian? Yes [ ] No [ x ]. If yes, please describe below: 22. Has applicant ever filed for bankruptcy? Yes [ ] No [ x ]. If yes, please state date and location of court: 23. What is applicant's relationship to the alleged incapacitated person? None 24. At the present time, is applicant, or applicant's business, corporation or other business entity, providing professional, personal or business services to the incapacitated person? Yes [ ] No [ x ]. If yes, please furnish details: 25. At the present time, is applicant employed by a business, corporation or other business entity which is providing professional, personal or business services to the incapacitated person? Yes [ ] No [ x ]. If yes, please furnish details: 26. Is applicant a health care provider for the alleged incapacitated person? Yes [ ] No [ x ] 27. Educational history of applicant: Degree/Date B.E.D. 1977 Name and Address University of Miami 28. List applicant's employment experience for the past ten (10) years beginning with the most recent date: Name and Address Date Reason for Leaving Savitt Guardians 2010 present Buena Vida, 1961 Via Buena Vida, Wellington, Fl. 33411 2008 -2010, present job 3 000018 Avalon Estates, 1093 Hagen Ranch Road 2004 2008 present job 29. Has applicant ever been discharged from employment? Yes [ x] No [ ]. 30. Has applicant ever been a member of the armed forces of the U.S.? Yes [ No[ x]. If yes, provide branch, dates and military serial number. 31. PERSONAL REFERENCES. Please give the names, addresses and telephone numbers of three responsible persons who have been closely associated with applicant and who have known applicant for five (5) years or more, not including relatives or spouse: ADDRESS 800 Palm Trail, Delray Beach, Fl 33483 4111 Satin Leaf Ct. Delray Beach Fl. 33445 6899 Perdido Bay, Lake Worth, Fl 33463 NAME Sheri Hazeltine Joanne McNamara Marius Dragan TELEPHONE NO. 561-243-4656 561-929-354 561-512-9601 32. Does applicant possess any special educational qualifications (financial, business or other) that uniquely qualifies applicant to be appointed as guardian? Yes [ x] No [ x ]. If yes, please describe below: I am presently guardian for 9 persons with disabilities, three of which reside in group homes and attend the same UCP day program. 33. Has applicant received instruction and training which covered the legal duties and responsibilities of a guardian, the rights of an incapacitated person, the availability of local resources to aid a ward, and the preparation of habilitation plans and annual guardianship reports, including financial accounting for the ward's property? Yes [x] No [ ]. If so, indicate when and where training was received: Guardianship course completed in Boca Raton, Fl. 2010 20 hours additional C.E.U. Statewide Guardianship convention. 2012 Signed this gth day of December, 2014. 4 000019 Filing# 21349020 Electronically Filed 12/08/2014 02:24:29 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: GUARDIANSHIP OF DIVISION: IZ FRANCES BERKOWITZ. CASE NO. 502014GA000630XXXXSB I OATH OF PLENARY GUARDIAN ELIZABETH SAVITT AND DESIGNATION OF RESIDENT AGENT AND ACCEPTANCE STATE OF FLORIDA COUNTY OF PALM BEACH ) )S.S. ) I, ELIZABETH SAVITT, (Affiant), state under oath that: I. I will faithfully perform the duties of plenary guardian over FRANCES BERKOWITZ (the Ward), according to law. 2. My place ofresidence is: 501 North Country Club Drive, Atlantis, Florida 33462, and my post office address is the same. 3. I hereby designate Sheri L. Hazeltine, Esq. who is a member of the Florida Bar, a resident of Palm Beach County, Florida, whose office address is 800 Palm Trail Plaza, Suite 3, Delray Beach, Florida 33483 and whose post office address is the same, as my agent for the service of process or notice in any action against me, either in my representative capacity, or personally, if the personal action accrued in the performance of my duties as such guardian. 1 000020 Sworn to and subscribed before me on this gth day of December, 2014 by Affiant, ELIZABETH SAVITT, who produced a Florida Driver's License as identification. 1 (Signature of Notary) Printed Name: Sheri L. Hazeltine My Commission Expires: My Commission Number is: (Affix Notarial Seal) ACCEPTANCE I CERTIFY that I am a permanent resident of Palm Beach County, Florida, and my office address is indicated above. I hereby accept the foregoing designation as Resident Agent. Signed on this gth day of December, 2014. Shen . Hazeltine, Esq., Resident Agent 2 000021 "'L; ' IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: GUARDIANSHIP OF DNISION: IZ FRANCES BERKOWITZ. CASE NO. 502014GA000630XXXXSB AGREED ORDER GRANTING EMERGENCY MOTION TO COMPEL SUNTRUST BANK TO PROVIDE IMMEDIATE ACCESS TO GUARDIAN TO ALL FINANCIAL RECORDS; AND AGREED ORDER GRANTING MOTION TO DIRECT SUNTRUST BANK TO DISTRIBUTE ANYAND ALL FUNDS OF WARD AND/OR OF:HER TRUST TO THE GUARDIAN THIS CAUSE, having been filed on an emergency basis upon the motion to compel SunTrust Bank to provide immediate access to financial records belonging to the Ward, FRANCES BERKOWITZ and motion to direct SunTrust Bank to distribute any and all funds of the Ward and/or of her Trust to the guardian, filed on December 8, 2014 by the guardian ELIZABETH SAVITT, by and through her attorney, Sheri L. Hazeltine, Esq., and the Court having examined the file and finding that the material allegations of the emergency motions are true, and the parties being in agreement and the Court being otherwise fully advised, it is ORDERED AND ADJUDGED: 1. That the motion to compel SunTrust Bank·to provide access to financial records and emergency motion to direct Suri.Trust Bank to distribute any and all funds of the Ward and/or of her Trust to the guardian, is hereby GRANTED. SunTrust Bank is hereby Ordered to provide immediate access to the guardian ELIZABETH SAVITT to financial records pertaining to any and all accounts (solely or jointly owned) in the personal name of FRANCES BERKOWITZ, and/or any Trust accounts belonging to FRANCES BERKOWITZ. This includes any and all accounts that include the Ward's name, the name of her Trust, and/or include the n8Dles of joint owner(s) on joint peI'Sonal and/or Trust accounts; and tn o~~ c:,..- ~~~ ncoo -.f"Tlz: -:a n· ~:cr:.a :zo.nO z:o~ na. 7~o ~=<~ r·. ""'.'.'"I~ c;,r- 1 000022 -c ,,, Sj· z- n I. ... QI :s .... Cl> ~: ""' I I I t,_-· .. . _... -.-:::· . ... ·.. 2. That the emergency motion to direct SunTrust Bank to distribute and/or transfer immediately and any all funds of the Ward, FRANCES BERKOWITZ, to th~ guardian, ELIZABETH SAVITT, is hereby GRANTED. All sole or joint accounts with other owners, containing funds belonging to FRANCES BERKOWITZ_ in the personal name of FRANCES BERKOWITZ, and/or any Trust agreement shall be transferred immediately to the guardian for deposit into the guardianship account on behalf of the Ward, FRANCES BERKOWITZ. ~ Ordered on this_$__ day of D Coplt!Sent to; Sheri L Ha7.eltine. Esq., attorney for the guardian, Ms. 800 Palm Trail, Suite 3 Delray Beach, FL 33483 sheri@bazeltinelaw.com Webb Millsaps, Esq., petitioner 160 W. Camino Real, #190 Boca Raton, FL 33493 webb@webtimillsapslaw.com Edward Shipe, Esq., court appomted attorney for the Ward - 350 Camino Gardens Blvd., Suite 301 Boca Raton, FL 33432 eddieshipc@bcllsouth.net 2 000023 Filing# 22181301 E-Filed 01/05/2015 05:00:04 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: GUARDIANSHIP OF DIVISION: IZ FRANCES BERKOWITZ. CASE NO. 502014GA000630XXX:XSB - - - - - - - - - -I PETITION FOR APPOINTMENT OF PERMANENT GUARDIAN (Incapacity - person and property) Petitioner, ELIZABETH SAVITT, by and through her attorney, Sheri L. Hazeltine, Esq., alleges as follows: 1. Petitioner, ELIZABETH SAVITT, a professional guardian, residence is 501 North County Club Drive, Atlantis Florida 33462 and Petitioner's post office address is the same. 2. FRANCES BERKOWITZ (the alleged Ward) is an alleged incapacitated person whose date of birth is July 30, 1930, who is 84 (eighty-four) years of age. Ms. Berkowitz's permanent mailing and physical address is 8925 Woodgrove Ridge Court, Boynton Beach, Florida 33027. She is a permanent resident of Palm Beach County, Florida. 3. According to the examining committee members Mrs. Berkowitz requires assistance immediately with her affairs and is mentally agitated, depressed, obsessed with recovering her financial losses, and talks about "not wanting to continue living." Additionally, she is delusional and paranoid. It is clear she requires regular psychiatric care to maintain mental health. It is necessary that a permanent guardian be appointed to exercise all delegable rights of the Ward. 1 000024 R BOCK, CLERK. 1/5/2015 5:00:04 PM*** ***FILED: PALM BEACH COUNTY, FL SHARON 4. The names and addresses of all persons known to petitioner who have knowledge of such facts through personal observations are: ADDRESS NAME RELATIONSHIP 8925 Woodgrove Ridge Court, Boynton Beach, FL 33027 8925 Woodgrove Ridge Court, Boynton Beach, FL 33027 Sheryl Taylor Michael Telson None None 5. The alleged incapacitated person is incapable of exercising the following rights: Plenary ( X )to marry ( X) to vote ( X ) to contract ( X ) to travel ( X ) to sue and defend lawsuits ( X ) to have a driver's license ( X ) to determine her residency ( X ) to seek or retain employment ( X ) to consent to medical and mental health treatment ( X ) to personally apply for government benefits ( X ) to manage property or to make any gift or disposition of property ( X ) to make decisions about her social environment or other social aspects of her life 6. The names, addresses, and relationships of all known next of kin of the alleged incapacitated person are: RELATIONSHIP ADDRESS NAME Unknown. 7. The alleged incapacitated person's attending or family physician is: Marie Carmel Tromans, M.D., 3003 S. Congress Avenue, Suite 2E, Palm Springs, Florida 33461, telephone (561) 432-6959 or 16244 South Military Trail, Suite 770, Delray Beach, Florida 33484, telephone (561) 860-2312. 8. The nature and value of the property subject to guardianship is as follows: NATURE OF PROPERTY Funds in Frances Berkowitz Living Revocable Trust account. AIPs Funds held in Interpleader Action with AmTrust Bank Legal Claims for Civil Theft and various other counts 2 000025 VALUECNET) $15,000.00 or less $268,544.00 against Princella Lewis, PL Firm, and against Am Trust Bank Estimated at $400K to I+ million 9. A reasonable search has been made for all information required by Florida law and by the applicable Florida Probate Rules. Any such information that is not set forth in full above cannot be ascertained without delay that would adversely affect the Ward or the Ward's property. 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. Signed on January 5, 2015. By: DATED THIS 5th day of January, 2015 at Delray Beach, Florida. zeltine, Esq. sheri@hazeltinelaw.com Florida Bar No. 0674567 800 Palm Trail, Suite 3 Delray Beach, Florida 33483 (561) 243-4655 (office) (561) 243-6933 (fax) 3 000026 PROOF OF SERVICE I, Sheri L. Hazeltine, Esq., certify that a true and correct c~f this Petition to appoint Permanent Guardian was transmitted via E-Service on this~ day of January, 2015 to: Edward A. Shipe, Esq., court appointed attorney on behalf of Ms. Berkowitz; and Webb Millsap, Esq. P.A. By: --'-=7~~~~~=--=------'-¥,----'-¥,~· i L. Hazeltine, Esq. sheri@hazeltinelaw.com Florida Bar No. 0674567 Attorney for Elizabeth Savitt 800 Palm Trail Plaza, Suite 3 Delray Beach, Florida 33483 (561) 243-4655 (Office) (561) 243-6933 (Fax) 4 000027 . ....... -~ . . rN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA . .~. ·.'; -·-r~.,./. ,~--- ,;,~..... 1· CFN 20150006835 OR BK 27264 PG 695 RECORDED 01/08/2015 11 :02:54 Palm Beach County, Florida AMT Sharon R. Bock CLERK & COMPTROLLER Pgs 0695-0697;. (3Pgs~ ~(,, cl'>:i:; . c::> - ::C~::Jl <-.. ~f:"'"~ DIVISION: IZ CASENO. 502014GA000630XXXXSB c.n "°'o > '"'-ir>"l;;::; :z:: -< > ;;_-., ·1 c:i0'.. ::u:Z:~ IN RE: GUARDIANSHIP OF _,. 0 ;;g:;:~J -~ ("'.")C.;- ~~~~ -r1 """' •... i='" -·!:::: ,.....,"">"!····· ..,~r- :::<. FRANCES BERKOWITZ. ORDER APPOINTING LIMITED GUARDIAN OF THE PERSON AND PROPERTY (Incapacitated Person) ~ )ci> "' •• ' ....... • 'V "'Cin On the petition of ELIZABETH SAVITT for the appointment of gy.ardian of the person and property of FRANCES BERKOWITZ, (the Ward), the Court finding thatthe Ward is incapacitated.at a hearing on January 7, 2015, where Sheri L. Hazeltine, Esq., the petitioner's attorney, and Edward Shipe, Esq., the court-appointed.attorney forthe Ward, were present, and that it is necessary for a limited guardian to be appointed for the person and the property of the Ward. 1. The Court having considered alternatives to guardianship, found that no alternatives to guardianship will .sufficiently address the needs of the Ward and that the restrictions imposed upon the Ward's rights .and liberties are consistent with the Ward's welfare and safety, and are the least restrictive appropriate alternatives, reserving the Ward the right to make decisions in all matters commensurate with the Ward's ability to do so, 2. Petitioner having met the burden or establishing to the satisfaction of the Court that the Ward lacks decision making abilities to make informed decisions in the following areas: a.) b.) c.) d.) e.) f.) to marry. to contract. to sue and defend lawsuits. to consent to medical and mental health treatment. to personally apply for government benefits. to manage property or to make any gift or disposition of property. 1 000028 ~ .. ' I ,/ I ~ '.~ . . . -; . f'··' CFN 20150006835 BOOK 27264 PAGE 696 2 OF 3 -.'' .. ' . .· 1:._ _.. g.) to travel. h.) to have a driver's license i.) to seek orretain employment. f': '.:. 11!, -. :·; · I_ .. ·.. . - . ·1 3. Petitioner met the burden of establishing to the satisfaction of this CoUrt the I I legal disability of the Ward to manage all of the property of the Ward. 4. The nature of the guardianship is limited and. it is necessary to appoint a limited guardian ofthe person and property of the Ward. The Court having jurisdiction and being fully advised, it is ADJUDGED as follows: 1. ELIZABETH SAVITT is qualified to serve and is hereby appointed as limited guardian of the person and property for FRANCES BERKOWITZ. 2. The specific legal disabilities to which the Ward is subject are: a.) to marry. b.) c.) d.) e.) f.} g.) h.) i.) to contract. to sue and defend lawsuits. to consent to medical and mental health treatment. to personally apply for government benefits. to manage property or to make any gift or disposition ofproperty. to travel. to have adriver's license to seek or retain employment. 3. The following rights ofthe Ward are delegated to the limited guardian appointed by this Order: (X) the right to contract. (X) the right to sue or be sued. (X) the right to manage property or to make a gift or disposition of property. (X) the. right to consent to medical treatment. 4. Upon taking the prescribed oath, designation of resident agent and acceptance and entering bond in the amount of- 0 - payable to the Governor of the State of Florida and to all 2 ,_._. ,.•., ..., ,_ 000029 - '· ' ~' -.. ~-! '. • ,_,;r CFN 20150006835 BOOK 27264 PAGE 697 30F3 successors in office, conditioned upon the faithful performance of all duties by the limited guardians, letters of guardianship shall be issued. 5. The Ward has not executed any valid advance directive pursuant to chapter 765, .; : Florida Statutes. , 015 at Delray Beach, Palm Beach DONE and ORDERED this 7th d ".:.· County, Florida. Copies furnished to: Sheri L. Hazeltine, Esq. 800 Palm Trail, Suite 3 Delray Beach, FL 33483 Webb Millsaps, Esq 160 W. Camino Real, #190 Boca Raton, FL 33486 Edward Shipe, Esq. court appointed counsel 350 Camino Gardens Blvd., Ste. 301 Boca Raton, FL 33432-5825 3 ..... · 000030 . .,-:-.~. '~JI' ·~- :- JN THE CIRCUIT COURT OF THE : EIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA DIVISION: IZ CASE NO. 502014GA000630XXXXSB IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ. LETTERS OF LIMITED GUARDIAN TO ALL WHOM IT MAY CONCERN: WHEREAS ELIZABETH SA VITT has been appointed limited guardian of the person and property of FRANCES BERKOWITZ, (the Ward), and has taken the prescribed oath and performed all other acts prerequisite to issuance of limited letters of guardianship of the person and property of the Ward. NOW THEREFORE, I, the undersigned circuit judge, declare ELIZABETH SAVITT duly qualified under the laws of the State of Florida to act as limited guardian of the person and property of FRANCES BERKOWITZ, with full power to exercise the following powers and duties pertaining to the Ward's person and property: a.) b.) c.) d.) e.) f.) g.) h.) i.) to marry. to contract. to sue and defend lawsuits. to consent to medical and mental health treatment. to personally apply for government benefits, to manage property or to make any gift or disposition of property. to travel. to have a driver's license to seek or retain employment. DONE and ORDERED this 7th day of January~2015 at Delray Beach, Palm Beach County, Florida. By: ~~-:--1~'-/P'-ci.cr-~~~~~+f-~~~ CI E JEFFREY D 1 ,,·' .,, 000031 ,. .! : :: : . • • .: ' '· ~ ·... - , -~ ' ;~ ~. ' . ;. :·- ri·'. -:-. ·~. ... :.-·:· .:........- //-"'''.~ r:<.:·: ;., .,_ l_,' Copies furnished to: Sheri L. Hazeltine, Esq. 800 Palm Trail, Suite 3 Delray Beach, FL 33483 Webb Millsaps, Esq. 160 W. Camino Real, #190 Boca Raton, FL 33486 Edward Shipe, Esq. court appointed counsel 350 Camino Gardens Blvd,, Ste. 30 l Boca Raton, FL 33432-5825 2 ~· 000032 _ " -~ : .. ... , -=I IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA DNISION: ~IZ~----"""""""=.--"""'1 CASE NO 502014GA000630XXXXSB 5D . OD X'~XC5 6 IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ. ORDER DETERMINING LIMITED INCAPACITY F.S. 744.331(5) AFTER NOTICE, this proceeding came before the Court on heariilg upon the verified Petition to Determine Incapacity, at which time, the alleged person __ was ._x_was not present and was represented by counsel. The Court, having considered the reports of the Examining Committee appointed by this Court and the evidence adduced at the hearing, having considered all alternatives to guardianship, and being fully advised in the premises, finds, based on the clear and convincing evidence presented, that FRANCES BERKOWITZ is incapacitated and that the scope of the incapacity is _ _Plenary -.X_Limited. 1. The nature and scope of the incapacity are: The Ward has mental impairment which has resulted in her incapacity. 2. The areas in which FRANCES BERKOWITZ lacks capacity to make informed decisions about care and treatment services or to meet the essential requirements for the Ward's physical or mental health or safety are: ( X ) to marry ( ) to vote ( X ) the contract ( X ) to travel . 1--.> = c.n ( X ) to have a driver's license ( X ) to sue and defend lawsuits ( ) to determine his or her residency ( X ) to seek or retain employment ( X ) to consent to medical and mental health treatment ~ ::z: I .....J ~ :x •cia ....... . .:· ( X ) to personally apply for government benefits ( X ) to manage property or to make any gift or disposition of property ( c_ ) to make decisions about his or her social environment or other social aspects of her life 3. The specific rights which.are removed from FRANCES BERKOWITZ are as follows: ( X ) to marry ( X ) the contract 1 000033 - . ~ .. . --· - J~: - /:.. ! ·. .·::·"r· : ( ( ( { ( ( ( X X X X X X X "·· ) to travel ) to sue and defend lawsuits ) to have a driver's license ) to seek or retain employment ) to consent to medical and mental health treatment ) to personally apply for government benefits ) to manage property or to make any gift or disposition of property 4. After consideration of reasonable alternatives to guardianship, the Court finds that no alternatives to guardianship will sufficiently address the. problems and needs of the Ward. 5. It is in the best interests of the Ward that a limited guardian of the person and property of the Ward be appointed; accordingly it is ACCORDINGLY, IT IS ADJUDGED that FRANCES BERKOWITZ is hereby determin.ed to be incapacitated within the meaning of F.S. 744. l 02(10) and a ---~plenary X limited guardian should be appointed to provide for the welfare and safety of the Ward. The Ward shall retain those rights set forth in section 744.3215(1), Florida Guardianship Law, and all other rights except those the court has hereinabove adjudged that the Ward is incapable of exercising. ch, Palm Beach DONE and ORDERED this 7t County, Florida. By: Copies furnished to: Sheri L. Hazeltine, Esq. 800 Palm Trail, S11ite 3 Delray Beach, FL 33-483 Webb Millsaps, Esq 160 W, Camino Real, #190 Boca Raton, FL 33486 Edward Shipe, Esq. court appointed counsel 350 Camino Gardens Blvd., Ste. 301 Boca Raton, FL 33432-5825 2 000034 '..._.· .-- ,:• .. ' IN THE cmCUIT COURT OF THE FIFTEENTH JUDICIAL CffiCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA PROBATE/GUARDIANSHIP DIV. "IZ" CASE NUMBER: 502014GAOOO SB ,·, ,,., IN RE.: GUARDIANSHIP OF, FRANCES BERKOWITZ, Alleged Incapacitated Person. ORDER FOR PAYMENT OF EXAMINING COMMITTEE The members of the examining committee for the alleged incapacitated person, appointed by this court under Fla. Stat. 744.331(3) have filed their reports and the court finds the following are reasonable fees to which they are entitled: $350.00 DR. STANLEY BLOOM, M.D. for services performed by a psychiatrist or other physician (Fee per Administration Order 6.30 I) $300.00 DR. PHILIP HELLER, Ph.D. or Psy.D. for services performed by a psychologist (Fee per Administration Order 6.301) $75.00 JUDITH CHANDLER, LAYPERSON for services performed by (Fee per Administration Order 6.301) ,, \• /. $400.QQ EDWARD SHIPE, ESQ. fer e6ttrt appoi11tcd att6ffley ACCORDINGLY, IT IS ADJUDGED that: '' ·'.' The G. uardian(s) .shall pay t.he a.foresaid fi.ees to the persons de. s. ignated a.bo. ve. as required by. Florida 331(7). The Guardian shall pay the fees of the examining committee members within thirty (30) days of this Order. FAILURE OF THE GUARDIAN TO PAY THE FEES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER MAY RESULT IN THE GUARDIAN BEING SUBJECT TO CONTEMPT OFCOuRT. _ _ _ _ EXAMINING COMMITTEE FEES - INDIGENT WARD: The State of Florida shall pay the aforesaid fees pursuant to Florida Statue 744.33 i (7) due to the indigence of the ward. Invoices ,shall be submitted to the State of Florida, c/o the Administrative Office of the Court, 15th Judicial Circuit, Palm Beach County Courthouse, 205 North Dixie Highway, Suite 5.2500, West Palm Beach, Florida 33401. The Guardian(s) shall reimburse the State of Florida within thirty (30} days of realization of any assets of the ward. Failure of the Guardian(s) to comply may result in the Guardian(s) being subject to contempt of Court. - - -COURT APPOINTED ATTORNEY FEES-INDIGENT WARD: The Petition, affidavit and itemized schedule of the time and effort shall be submitted to the State of Florida through, Justice Administration Commission, 227 N. Bronaugh, Suite 2100 Tallahassee, Florida 32302. Upon complying with the requirements of Page 1 of2 000035 !I' , ' ,, \. the Justice Administrative Commission, the State of Florida shall pay the fees of the court appointed attorney pursuant to Florida Statute 744.331(7) and the Fifteenth Judicial Circuit Administrative Rule 6.301-9/08 for his/her services in connection with the incapacity. This Order is without prejudice for the court appointed attorney to seek additional fees for additional services provided beyond the flat fee if warranted notto exceed $1,000.00. DONE AND ORDERED at Delray Beach, Palm I ach County, Florida, on this y JANUARY, 2015. 1!: day of ,,'·.'- :C · Copies furnished: FRANCIS BERKOWTIZ ALLEGED WARD . 8925 WOODGROVE RIDGE COURT B'OYNTON BEACH, FL 33473 I. -:.· f' {· WEBB MILLSAPS, ESQUIRE ATTORNEY FOR PETITIONER 160 W. CAMINO REAL #190 BOCA RATON, FL 33486 561-900-723 8 '.j ~· .~) . c.f EDWARD SHIPE, ESQUIRE ATTORNEY FOR ALLEGED WARD 350 CAMINO GARDENS BLVD., #301 BOCA RA TON; FL 33432 ,. •' •.\.: ;~:~/. '{~ , ~.-:.o. j DR. STANLEY BLOOM 10760 NORTHGl,lEEN DR. WELLINGTON, FLORIDA 33449 DR. PHILIP HELLER, PSYD ,. _,...l.t" • -,·,-, 2200 NW _<:;:ORPORATE BLVD., #110 BOCARATON, FLORIDA 33431 ! . -·,. JUDITH CHANDLER 6349TALL CYPRESS CIR. GREENACRES, FLORIDA 33463 SHERRI HAZELTINE, ESQ. ELIZABETH SAVITT, ESQ. '. '~( f ~. ;, .- " ·' ·~. . ·_-:-:· ' r- •( . ~-= '· Page 2of2 . ;·!~ ':, .'/ ' . f. . - ·' ~·. ..," 000036 1' , --.,: ·.'' Filing# 22377756 E-Filed 01/09/201502:16: 18 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000630XXXXSB Division: IZ IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ. PETITION FOR ORDER AUTHORIZING PAYMENT OF ATTORNEY'S 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, the limited guardian of FRANCES BERKOWITZ (the Ward). 3. Petitioner has rendered legal services for the benefit of the Ward, from December 51\ 2014 to January 8th, 2015, as more fully described and set forth in the itemized schedule of services and expenses attached hereto as Exhibit A, for which petitioner has not been paid. 4. Petitioner's records indicate that during the period of time above mentioned in excess of 5.25 attorney hours and 5.1 paralegal hours have been devoted to the representation of the co-guardians of the Ward. 5. Based upon the criteria established by Section 744.108(2) of the Florida Guardianship Law, petitioner believes that a reasonable fee for the services performed by the petitioner during that period of time is: Hourly rate: $ Atty. Hours worked: $ Paralegal rate: $ Paralegal Hrs. worked:$ 325.00 (350.00 after 12/31/14) 5.25 120.00 (125.00 after 12/31/14) 5.1 000037 R BOCK, CLERK. 1/9/2015 2:16:18 PM*** ***FILED: PALM BEACH COUNTY, FL SHARON Total fees: Total costs: $ $ 245 I .25 8.00 Total amount of Fees and Compensation: $2,459.25. 6. That this attorney's fees have a reasonable value of $2,459.25. 7. That previous fees and costs have been billed in the amount of $NIA. WHEREFORE, Sheri L. Hazeltine, Esq. respectfully requests that this Court enter an Order awarding attorney fees and expenses provided on behalf of the Ward and made payable from the guardianship estate. 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. DATED this 9th day of January, 2014. CIA TES, P.A. By: Sheri L. Hazeltine, Esq. Florida Bar No. 0674567 800 Palm Trail Plaza, Ste. 3 Delray Beach, Florida 33483 (561) Fax(561)243-6933 2 000038 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of this Petition for Attorney's Fees was sent via E-Service to the following parties and/or persons of interest on this 9th day of January, 201 Edward Shipe, court-appointed attorney. By: Sheri L. Hazeltine, Esq. Florida Bar No. 0674567 3 000039 SHERI L. HAZEL TINE & ASSOCIATES, P.A. Attorney at Law 800 Palm Trail Plaza, Suite 3 Delray Beach, Florida 33483 Phone: 561-243-4655; Fax. 561-243-6933 Member, National Academy of Elder Law Attorneys; of Florida Elder Law Attorneys; Florida Guardianship Association; Palm Beach Guardianship Association; Florida Bar Association; Elder Law Section. Palm Beach County Bar Association; South Palm Beach County /Jar Association; Florida's Voice on Developmental Disabilities; Admitted in Alaska and Florida. Elizabeth Savitt, Guardian 501 N. Country Club Dr. Atlantis, FL 33462 Case: Case No.: Invoice Date: January 09, 2015 Invoice Number: 11946 Invoice Amount: In re Guardianship of Frances Berkowitz 5020 l 4GA000630XXXXSR Attorney Fees 5.25 Hours I I I 12015) 12/5/2014 12/5/2014 1215/2014 121512014 12/5/2014 1215/2014 1218/2014 1218/2014 1218/2014 12/8/2014 1218/2014 12/8/2014 ($350 as of I I I 12013); Paralegal Fees 5.1 Hours Review of rec'd Petition for Appointment of l·rr1pr,rT0r1rv Temporary Guardian and attached exhibits (204 pgs. long). Preparation of draft motion to compel SunTrust Bank to provide records to guardian and to transfer any and all funds to the guardian. Preparation of email to Client along with attached draft motion for her review. Review of emails from Client regarding case. Preparation of responses to emails. for Preparation of email to Mr. Millsaps, of order appointing counsel for Mrs. Berkowitz; plus a copy of her revocable trust and all amendments. Preparation of Notice of Appearance. E-filed Notice of /\ppcan1.nce. 1339560. E-filed emergency motion to compel, ref. Prepare e~mail to Mr. Shipe attaching motion to compel (he is court-appointed counsel). Prepare cover letter to Judge Gillen enclosing the petition and order. Prepare application and oath for Ms. Savitt. E-filed application and oath for Ms. Savitt, ref. 1349020. E-mailed to Client and Mr. Shipe, Esc1. Preparation of Order granting cmcrgcm:y motion to compel SunTrust Bank to provide access to financial records and to transfer all funds to guardian. 1 EXHIBIT A 000040 $120/hr. ($125 as of R.B. .20 S.L.H. .90 S.L.H. .10 No Charge S.L.H. .10 $32.50 R.B. S.L.H. R.P. R.P. .10 .10 .10 .10 $32.50 $32.50 No Charge No S.L.H .10 S32.50 R.P. R.P. .30 .10 S36.00 No Charge S.L.H. .40 $130.00 $65.00 12/8/2014 12/8/2014 12/8/2014 12/8/2014 12/9/2014 12/9/2014 12/9/2014 12/9/2014 12/9/2014 12/912014 12/9/2014 12/9/2014 12/9/2014 12/9/2014 12/10/2014 12/1712014 12/18/2014 12/1812014 12/1812014 12/18/2014 Filed emergency Order in person with clerk of court at South County. Courthouse Telephone call from Client asking us toe-file the emergency motion today; wants order signed asap. Review of email from Mr. Edward Shipe, Esq. stating he did not object to the emergency motion. Sent msg. to Client stating emergency motion had been efiled and Order dropped off at courthouse for court to sign. Review of response msg. from Client. Receipt and review of notice of unavailability from Edward Shipe, Esq. - 12.11 and 12.12. E-mailed to Ms. Savitt. Review of copy of petition to determine incapacity filed by Mr. Webb, Esq. and sent to us by him. Forwarded copy of the petition to determine incapacity to Client Ms. Savitt. Review of email and attached signed Emergency Order from Judge Gillen's JA. Emailed copy of the signed emergency Order to Client. Review of Notice of Unavailability from Mr. Shipe, Esq. Review of Notice of Unavailability from Mr. Shipe for Dec. 11and12. Travel to and from courthouse to obtain certified copies (2) of the signed Emergency Order; obtained certified copies from clerk of court. This is needed by SunTrust Bank (certified copies). Telephone call to SunTrust Bank (561) 243-6773 (Susan). She said that Ashanti was the one to speak to and that she will be in at 9 am tomorrow. Ms. Hazeltine to go to bank tomorrow morning to drop off the certified copy of the order with bank clerk. Receipt and review of agreed order granting emergency motion to compel. Drop off and speak with Ashanti (bank clerk) of the certified copy of the signed Emergency Motion at SunTrust Bank. Review of case file. Still need copies of the order setting hearing and order appointing examining committee. Prep of email to Mr. Millsap, Esq. asking him to forward us copies. Review of email from Mr. Shipe, Esq. stating the hearing on permanent guardianship is on January 7 at 2:30 pm, in front of Judge Gillen. Prepare notice of unavailability. E-filed notice of unavailability - 12I12-1I6115, ref. #21765037. Received copies of the Order appointing examining committee and Order setting court hearing from Mr. 2 EXHIBIT A 000041 S.L.H. .10 $32.50 S.L.H. .10 $32.50 S.L.H. .10 No Charge S.L.H. . 10 $32.50 R.P. .10 $12.00 S.L.H. .10 $32.50 S.L.H. .10 No Charge S.L.H. .10 $32.50 S.L.H. S.L.H. S.L.H. .10 .10 .10 No Charge No Charge $32.50 R.B. .90 $108.00 S.L.H. .10 $32.50 R.P. .10 No Charge S.L.H. .25 $81 .25 S.L.H. .10 $32.50 S.L.H. .10 $32.50 R.P. R.P. .20 .20 $24.00 No Charge S.L.H. .10 No Charge 12/18/2014 12/18/2014 12/29/2014 12/29/2014 1/5/2015 1/5/2015 1/5/2015 1/5/2015 1/5/2015 1/5/2015 1/5/2015 1/5/2015 1/5/2015 1/6/2015 117/2015 11712015 l /7/2015 l/7/2015 1/7/2015 Millsap, Esq. Forwarded copies to Client Ms. Savitt. Review of rec'd Orders - appting examining committee and setting court hearing. Review of report from Mr. Edward Shipe, Esq. filed with court stating that one of the examining committee members (Calder) told him he was unable to he on the examining committee. Mr. Shipe was requesting that another person be appointed to replace Calder. Preparation of email to Client asking her for update on the accounts at SunTrust Bank. Preparation of email to Mr. Shipe asking him if Mr. Calder had been replaced yet or not, as he had sent a Memo to the clerk of court asking for replacement of this examining committee member. Receipt and review of report from court-appointed attorney, Mr. Shipe. Ms. Savitt received a copy. Prepare petition to appoint permanent guardian. We do not have copies of the reports and need them in order to prepare the petition to appoint permanent guardian. Telephone call to Dr. Heller's office - they will fax us a copy of the report now. Telephone message left with Dr. Stanley Bloom requesting a copy of his report. Telephone message left with Judith Chandler requesting a copy of her report. Receipt and review of amended order appointing examining committee member Judith Chandler in place of Gregory Calder. Telephone call from Client Ms. Savitt regarding Ms. Berkowitz. Review of draft petition to appoint permanent guardian; review of examining committee reports; made changes to draft petition. Prep of email to Client with attached draft petition for her review. E-filed petition for appointment of permanent guardian, ref. #22l81301. Prepare order appointing guardian, letters of guardianship, order for payment of examining committee members and order determining incapacity. Preparation of emailed letter to Mr. Shipe, Esq. with attached proposed orders for his review, prior to the court hearing today. Telephone call again to Judith Chandler E.C. member asking for her report. Left another phone msg. Preparation of entry of appearance on behalf of Ms. Savitt. Made further changes to orders. Attendance at court hearing in front of the Honorable Circuit Judge Gillen. Also present was Edward Shipe, 3 EXHIBIT A 000042 S.L.H. .10 $32.50 S.L.H. .10 $32.50 S.L.H. .10 No Charge S.L.H. .10 $32.50 R.P. .10 No Charge R.P. S.L.H. 1.00 .10 $125.00 $35.00 R.P. .10 No Charge R.P. .10 No Charge R.P. .10 No Charge S.L.H. .10 $35.00 S.L.H. .50 $175.00 R.P. .20 No Charge R.P. 1.00 $ 125.00 S.L.H. .10 $35.00 S.L.H. .10 No Charge S.L.H. R.P. S.L.H. .10 .50 1.00 $35.00 $62.50 $350.00 , the Ward Mrs. Berkowitz, and Ms. ETG. Court signed limited letters of guardianship. The Ward retains her right to vote, right to determine her residence, and right to determine who to socialize with. Review examining committee report of Judith Chandler. Review file, draft initial guardianship plan, draft verified inventory. Gave to for review. Review of rec'd attorney foe petition from Edward Shipe, Esq. Review of draft letter to guardian, along with the initial forms. Made changes to docs; finalized for sending to guardian. Prepare e-mail to Ms. Savitt attaching guardianship instruction letter, initial guardianship plan and verified inventory. Prepare draft attorney foe petition for attorney review. I 17/2015 1/8/2015 1/8/2015 1/8/2015 1/8/2015 1/8/2015 SUBTOTAL: S.L.H. R.P. .10 .80 s100.00 S.L.H. .10 $35.00 S.L.H. . JO 35.00 R.P. .10 R.B. .40 12.85 .00 Costs 12/9/2014 Cost for obtaining certified copies (2) of the 2014. Order signed Dec. 3, $8.00 $8.00 SUBTOTAL: TOTAL: PREVIOUS BALANCE DUE: $0.00 CURRENT BALANCE DUE AND OWING: $2,459.25 Thank you for your business. We do payment promptly, so please oroocss this invoice within 14 days. There will be a late payment charge of 1.5 percent, in 30 day increments, applied to any past-due unpaid balance of accounts. SHERI L. HAZEL TINE & AS SOCIATES, P.A. Attorney at Law 800 Palm Trail Plaza, Suite 3 Delray Beach, Florida 33483 Phone: 561-2./3-./655: Fax: 561-2./3-6933 Member. National Academy of Elder Law Allorneys: Academy of Florida Elder Law Attorneys; Florida Guardianship Association; Palm Beach Guardianship Association: Florida Bar Association; Elder Law Section, Palm Beach County Bar Association; South Palm Beach County Bar Association; Florida's Voice for the Developmentally Disabled. Admitted in Alaska and Florida. Account Statement 4 EXHIBIT A 000043 Prepared for Elizabeth Savitt Re: Berkowitz, Frances - Guardianship $0.00 $0.00 $0.00 $2,459.25 $2,459.25 Previous Invoice Amount Last Payment Received Previous Balance Current Charges Total Due 5 EXHIBIT A 000044 Filing# 24255841 E-Filed 02/26/2015 03:32:33 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000630XXXXSB Division: IZ IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ. MOTION FOR EXTENSION OF TIME TO FILE INITIAL GUARDIANSHIP PLAN AND VERIFIED INVENTORY COMES NOW Sheri L. Hazeltine, Esq., attorney for the limited guardian, ELIZABETH SAVITT, and hereby files her Motion for Extension of Time to File Initial Guardianship Plan and Verified Inventory, and in support thereof states: 1. ELIZABETH SAVITT was named emergency temporary guardian on December 4, 2014 and permanent limited guardian on January 7, 2015. 2. The guardian was recently forced to admit the Ward to Fair Oaks after she was Baker Acted by a psychiatrist at the South County Mental Health Center. It was determined she must be Baker Acted because of her extreme mental instability and failure to take her medications. Additionally, the guardian is missing bank statements in order to properly prepare the Verified Inventory. The guardian has not had a chance to properly prepare these documents. WHEREFORE, it is respectfully requested that this Court allow the guardian an additional thirty (30) days within which to file the Initial Guardianship Plan and Verified Inventory in this matter. 1 000045 R BOCK, CLERK. 2/26/2015 3:32:33 PM*** ***FILED: PALM BEACH COUNTY, FL SHARON DATED this 261h day of February, 2015 at Delray Beach, Florida. . HAZELTINE & A SOCIATES, P.A. ri L. Hazeltine, sheri@hazeltinelaw.com Florida Bar No. 0674567 Attorney for the guardian Elizabeth Savitt. 800 Palm Trail, Suite 3 Delray Beach, Florida 3 3483 (561) 243-4655 (office); (561) 243-6933 (fax) CERTIFICATE OF SERVICE This is to certify that a true and correct copy of this Motion for Extension of Time was transmitted via E-Service on this 26 1h day of February, 2015 to: Edward Shipe, Esq., court appointed counsel, 350 Camino Gardens Blvd. Ste. 301, Boca Raton, Florida 33432 eddieshipe~.,i.;~.~~~=~~"'""- By: Shen . Hazeltine, Esq. Florida Bar No. 0674567 2 000046 Filing# 24824604 E-Filed 03/12/2015 04:23:29 PM COURT OF JUDICIAL CIRCUIT IN AND FOR PALM COUNTY, FLORIDA IN BERKOWITZ. NOW Petitioner, and and files this petition for through attorney, SHERI L. authorization to hire civil attorney, Mr. Dean Rosenbach, to prosecute and defend three (3) lawsuits on behalf the Ward, and as as follows: 1. (3) on Dean Rosenbach, a.) York Cof!mzunity Bank v. Berkowitz, Palm Beach County No. 5020 l 4CA000606XXXXMB. Palm Beach County H1n•lrn'L111t- No. V. Firm, a Limited Liability Company, and RICARDO Palm Beach County Case No. 50-201 ,_,,,.,.. 0005491-XXXX-MB-AJ. prosecution and of these claims are in the of the the guardian respectfully requests that this Honorable Court authorize the above-mentioned actions. Under penalties of perjury, I declare that I alleged are to the best of and and facts on th Savitt, plenary guardian 1 000047 R BOCK, CLERK. 3/12/2015 4:23:29 PM*** ***FILED: PALM BEACH COUNTY, FL SHARON DATED this_ day of March, 2015 at Delray Beach, Florida. SHERI L HAZELTINE & ASSOCIATES, P.A. By: 800 Palm Trail, Suite 3 Delray Beach, Florida 33483 (561) 243-4655 (office) (561) 243-6933 (fax) was I hereby certify that a copy of this transmitted via E-mail on this day of March, 2015 to: Elizabeth Savitt, guardian; Edward Shipe, court-appointed att mey. 2 000048 Filing# 24944263 E-Filed 03/16/2015 06:07:44 PM IN RE: GUARDIANSHIP OF BERKOWITZ. and through authorization to hire civil of+r.rtt""' three lawsuits on behalf of the 1. guardian requests approval from the Honorable Court to pursue three (3) claims on behalf of the Ward, BERKOWITZ, by and through attorney Rosenbach, County Palm Beach Company. and County Case No. 50-201 three (3) claims are in the best interests The prosecution and aeHmse of the Ward. the guardian res1oectt1 '"'''""'"'~"" that the above-mentioned nr>T•~-n Honorable Court the facts By: th Savitt, plenary guardian 1 000049 R BOCK, CLERK. 3/16/2015 6:07:44 PM*** ***FILED: PALM BEACH COUNTY, FL SHARON DATED this of March, 2015 at Delray Beach, Florida. By: Sheri L. Hazeltine, Esq. sheri@hazeltinelaw.eom Attorney for Elizabeth Savitt, guardian. Florida Bar No. 0674567 800 Palm Trail, Suite 3 Delray Beach, Florida 33483 (561) 243-4655 (office) (561) 243-6933 (fax) of this Petition for Authorization to Aet was I hereby certify that a transmitted via E-mail on this of March, 2015 to: Elizabeth Savitt, guardian; Edward Shipe, Esq., court-appointed attorney. Sheri L. Hazeltine, Esq. Florida Bar No. 0674567 2 000050 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000630XXXXSB Division: IZ IN RE: GUARDIANSHIP OF: FRANCES BERKOWITZ. AGREED ORDER AUTHORIZING PAYMENT OF ATTORNEYS FEES AND COSTS On the petition filed January 9, 2015 of Sheri L. Hazeltine, Esq. for an order authorizing payment of attorney's fees for services rendered and expenses incurred for her representation of ELIZABETH SAVITT, the limited guardian of the Ward, for the benefit of the Ward, FRANCES BERKOWITZ, the court having examined the file in this proceeding id having considered the evidence presented regarding the criteria established under the Florida Guardianship law, and that the material allegations of the petition are true and being otherwise ,..., c::> c:;; :s ~ fully adjudged, it is N ADJUDGED as follows: ,:s 1. The sum of $2,459 .25 is a reasonable fee for the services of Sheri L. Hazeltine, I§. ,&:- Esq. for the period from December 4, 2014 through January 8, 2015. 2. The guardian of the Ward is authorized and directed to pay that fee of $2,459.25 to Ms. Hazeltine from the assets of the Ward's estate, for a total of $2,459.25 within five (5) days from the date of this Order. County) Florida. Copy provided to: Sheri L. Hazeltine, Esq., 800 Pa 000051 .. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000630XXXXSB Division: IZ IN RE: GUARDIANSHIP OF: FRANCES BERKOWITZ. AGREED ORDER ON MOTION FOR EXTENSION OF TIME TIDS MATTER having come before the Court upon ELIZABETH SAVITT's Motion for Extension of Time to File Initial Guardianship Plan and Verified Inventory, and the Court being fully advised in the premises, it is ORDERED AND ADJUDGED that the limited guardian, ELIZABETH SA VITT, has thirty (45) days from the date of this Order to file the Initial Guardianship Plan and Verified Inventory for the period December 4, 2014 through on January 31, 2016. DONE AND ORDERED in Chambers in Delray Beach, Palm Beach County, Florida on this 2-3'.Q.day of~~, 2015. ~ ' GEJEFFRE Copies provided to: Sheri L. Hazeltine, Esq. 800 Palm Trail, Suite 3 Delray Beach, Florida 33483 (/)~ .... gJ:>o~. Edward Shipe, Esq. 350 Camino Gardens Blvd., Suite 301 Boca Raton, Florida 33432 ,...., c::;) _,r:-);> c.n :x: 0 ~~:z -;:::; n· :::0 N 3.:::u a:l:cr..::; ~no oG c->C:~ :x:z,~ ,. :x ........ 3 -trt::!!:n of ETO I,,etters): NO ~~~ -~ ~eport timely filed {60 days) : NO Minor sui juris: 9/2/2016 -i-~::;; -Extensions granted by order: YES # of orders: 1 ~~i -_ .: ...._,c_,?::. ···:It SUCCESSOR/STAND BY GUARDIAN If Successo~/S_tandby Guardian: End_ing balance of Final Accounting - · Begtnning balance of Initial Inventory All assets correspoa"d . NI A NIA Does the ·report use software Are the totals of each ·schedule the same as the totals on the summary page? Was the guardianship initiated due to a settlement? Ifyes: Has an Order to Approve Settlement been signed? Ifyes, the Final settlement sheet filed? D~~s the amour1t of cash rece.iv~d by the· ward coincide with lirte 8 of the summary page? ~a~~ ·:_;_c.~. ...,·-<· m4i~ ·en 8F":;:s; .-~ $ $ NIA NIA NIA NIA NIA .Was REAL PROPERTY: SCHEDULE A-1 (A) ·.:.. NIA Description and location listed: Value listed as Full asset value: Appraisal or cost basis/copy of property appraiser valuation Is there joint ownership? • · IS 100% of the value listed? • Is the percentage of ownership listed? NIA NIA NIA NIA NIA REAL ESTATE LIABILITIES: SCHEDULE A-2 Any mortgages, notes or liens against the real property: - Any inconie producing property? • Is the income listed? • Fuli balance listed? • Is tl1~ perc~ntage of ward's liability listed? Is a statement attached which lists the principal amount owed and the amount of monthly payments due? NIA NIA NIA NIA NIA YES CASH ASSETS: SCHEDULED-HA) YES YES Nrune of institution listed: Address listed: 000055 -~ . 'l . •.< ':~ .. r:''" i Account number listed on statement: Full asset amount listed: ·Percentage owned by ward listed: Money Market Account: · ,Certificate of Deposits: Checking Account: Savings Account: Statement of account attached? D9es statement reflectthe balance at the time of the guardian's appointment? Location of other cash assets (ex: cash in ward's home): INTANGIBLE ASSET: SCHEDULE B-2CAl Name of institution listed: Address listed: Account number listed on statement: Brokerage Account: bidividual Stocks: • Number of shares and value per share listed Bonds/Treasury Notes: Annuity • Is net present value listed? • Is percentage owned by ward listed? Other: Life insurance investment of the ward? • Estimated current value listed • . Face amount of the policy listed . ·savings Bonds listed at fair market value? Note that Series EE accrue interest, but Series HH are deferred interest & therefore should be listed at face value see www.savingsbonds.govlservlet/SBPrice Statement of account attached? . PERSONAL PROPERTY ASSETS: SCHEDULE B-2(C) Does the inventory list no personal property? If no, list as discrepancy. Description listed? Tue· des.cription listed is general. If general, list as discrepancy. Location listed: Appraisal obtained: If no, what is the explanation of how the value was determined? Is the ·personal property valued at zero? Given the total asset value, is the value of the personal property reasonable? Explain: For any automobiles listed, is a copy of the "blue book" value attached? If no, list as discrepancy. .. Inventory attached: ~· Name and address and occupation of witnesses present during the initial inventory of ward's personal .. property YES YES NIA NIA NIA YES NIA YES NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA YES NIA NIA NIA NIA NIA NIA NIA NIA NIA PERSONAL PROPERTY LIABILITIES : SCHEDULE B-3 NIA Description listed: «·Full liability amount listed: . Percentage owed by ward listed: .. Statement of account attached? NIA NIA NIA 000056 ....... -;, , '-~" .._,---: ~·\ ':-i.'~~·- . ~~;' _.-:. . -~. " SOURCES OFINCOME: PART 1 ... TY1Je and source of income listed: Amoilnt received listed: · Name and address of payer listed? Frequency of payment listed? (' YES YES YES YES LAWSUITS AGAINST WARD/OUTSTANDING UNSECURED DEBT: PART 2 • • • • Is the description ofsecurity listed? Is the claimant's name and address listed? Is date of debt occurrence listed: Is amount of claim listed? NIA NIA NIA NIA WARD'S RIGHT TO SUE: PART 3 NIA NIA NIA NIA Type of action listed: Status. listed: Date of action listed: Estimated amount listed: TRUST FOR WARD: PART 4 NIA NIA NIA NIA · Is name and address of trustee listed? ·· Is date Trust created listed? ·;, · :.Is.accountand t)rpe of Trust listed? Is amount of Trust listed? .JOINT OWNERS OF ASSETS: PART 5 · Are all assets jointly owned listed? Is asset desciiption listed? Are joint owner(s) name(s) and relationship to ward listed? · Is street address of joint owner(s) listed? Is joint °'\:'ner's percentage listed? Is joint owner's value listed? NIA NIA NIA NIA NIA NIA SAFE DEPOSIT BOX ~; - , .. , . • Date Safe Deposit Inventory filed: Safe·Depositlnventory Witnessed and verified by employee of the institution where box located: • If contents removed, date of corresponding order: • Copy provided to ward if limited: Are the contents of the Safe Deposit box listed on the initial inventory? NIA NIA NIA NIA NIA GENERAL AREAS Order for BCC/SOF to pay • ~xamining committee fees - amount owed e Coilrt appointed attorney fees - amount owed Clerk's filing fees- amount owed Does waid·have·more than $2,000 cash? Order for guardian to pay committee costs dated 118115. Committee/Court Appt attorney costs paid? 000057 NIA NIA NO YES YES NIA -::-' "·! Audit fees paid: • If riot, is court order waiving fees in file Guardian's signature under penalties of perjury: If standby GD signed report, are Order/Letters signed? Signature, name~ address, phone and Florida Bar number of attorney: ,.. . ·Note; Guardian.must be represented by an attorney pursuant to Florida Probate Rule 5.030. '.t C~rtifi~ate or-service filed? .. s~rvi~e required on th~ following:( check court file & "!"screen and update) · • · _0n ward, ifETG, limited or voluntary, minor over 14 yrs of age • Ward's CourtAppointed Attorney (NIA for suc.cessor OD) • Department of Revenue • VA, if ward receives VA benefits of more than $90.00lmonth ~ • (if ward receives only widow's benefits - VA is not an interested person) • If minor, hatural parents (if not guardians) • Trustee • .Surrogate Guardian Name(s). and date of notice . Is there ano!ice for pleadings filed by interested person(s)? Does the GM's report, recommendation or Order of Incapacity/Appointment of GD list interested i'' · person(s)? Name(s) and date of order If ~es, was a copy sent to the following interested person(s?): Acknowledgement by ward if voluntary: (F.S. 744.367(4) & F.S. 744.341(3)) YES NIA YES NIA YES NO -.l, ·- t BOND COVERAGE value of guardianship: Tqtal value of liquid assets: (all assets except real property) . Tota} value of real property assets: · Has an order to sell an asset been entered? If yes, does this increase the value of liquid assets? CU!rent bond coverage: . Frozen assets: • Freeze order on file: • Receipt of Depository Date: . Is the am01µ1t on the Receipt of Depository less than the amollnt listed on the inventory? • Does the Receipt of Depository coincide with the account#, account type and the bank name listed on the initial inventory and/or Freeze Order? Additional bond required:$ Ifyes, list as discrepancy. To~l i i'.· I. NIA NIA NIA NIA NIA NIA NIA NIA NIA · PROFESSIONAL GUARDIANS Fee for background investigation paid? Date: Date of waiver: ·DCF releaSe:fonn: Date: Date of waiver: ·.Registered with Statewide Public Guardianship Office? 4115115 • 'GD not listed on SPGOwebsite as of for. any county. • If no, is ~ere notification of suspension or revocation from SPGO? Fingerprint card of guardian (F.S. 744.3135) Date: •. ·IF :FILED ELECTRONICALLY, check guardian file for FDLE record If record, copy sent to SPGOIGM office? 000058 N/A N/A $18,145.64 $18,145.64 NIA NO NIA $0 $0 N/A NO NIA NIA NIA NIA NIA YES NIA NIA NIA ·< j.-·. ~-~ #_. --·\:: NON-PROFESSIONALGUARDIANS Fee fof'background investigation paid? Date: Date of waiver: Fingerprintcardof gliardian (F.S. 744.3135) Date: Date of waiver: 0 Ifelectronic, check guardian file for FDLE record. If record, copy sent to GM office? Date of waiver: DCF release form: Date: If a familylnon~professional guardian, a certificate(s) and/or notarized statement by the guardian that the eight (8) hour guardian education course is completed per Florida Statute 744.3145(3). Proof due on (125 days after date of Letters): .• Date of waiver: If due. date is after the date of audit, manuallv input tick for due date 'listed above. GUARDIAN CONTACT INFORMATION: Is the guardian's social security number listed on the signature page? Is .the guardian's address in the compute: aoolic:ition the same as listed on the report? NIA NIA NIA NIA NIA NIA I NIA I Initial Review of Report Recommendations _Worksheet Prepared 004/15115 by Sheri Paige, Deputy Clerk and an Order Approving Verified Inventory was sent to Judge. ., .•' r. 000059 IN THE CIRCUIT COURT, FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COl,JNTY, FLORIDA GUARDIANSHIP DIVISION Clerk's Review of Initial Guardianship Plan Pursuant to F.S. 744.368(1) & (2) Guardianship of: FRANCES BERKOWITZ UCN: 502014GA000630XXXXSB LIMITED Type of Guardianship: Is the ward's Social Security Number on file? NO Guardianship of the Person Only: NO Guardian's Attorney: Sheri L Hazeltine Esq. Guardian: Professional Is the ward deceased? NI A if yes, the date of death is Date of Audit: 4115115 ~~~ c.n Date ofETG Letters: 1214114 <=r)I> Date of Letters: 117115 Standby Guardian name: :t~~ ~ Date of Letters of Successor GD: Surrogate Guardian name: S~; :::o Date of Order of Standby GD: acted from to :r.·~~: c.n Date of Order/Letters confirming Standby GD: Date c;>f Order of Surrogate.'..GD~ -o Report timely filed (60 days): YES Extensions granted by order: NIA ~~~o@ders: ETG report timely filed (30 days after expiration of ETG Letters): NIA ~~~ Extensions granted by order: NIA # of orders? g;:.-;;x -' THE INITIAL GUARDIANSHIP REPORT CONTAINED THE FOLLOWING REQUIRED INFORMATION Ward's current address including name of facility. Medical, mental or personal care services for ward. Social & personal services for the ward. Place & type of residential setting best suited for ward. Application for health & accident insurance & other private benefits Notes: Governmental benefits which the ward may be entitled. Notes: Any physical & mental exams needed to determine the ward's medical and mental health treatment needs. Statement that the plan is based on the recommendations of the examining committee's examination. Are medications taken by ward listed? Rate of ADLs listed? Demographics of the ward listed? Are disabilities listed? Are assistive devices listed? If limited, attestation that the guardian consulted with the ward and to the extent reasonable, hon9red the ward's wishes consistent with the rights retained by the ward. Guardian's signature under penalties of perjury. Signature of the Attorney including name address, telephone number & Florida Bar. Note: Guardian must be represented by an attorney pursuant to Florida Probate Rule 5. 030. GENERAL AREAS Certificate of service filed? Service required on the following:(check court file & "!"screen and update) • On ward, if ETG, limited or voluntary or minor if 14 yrs of age • Ward's Court Appointed Attorney (NIA for successor GD) • VA, if ward receives VA benefits of more than $90.00lmonth • (if ward receives only widow's benefits - VA is not an interested person) Is there a notice for pleadings filed by interested person(s)? Name(s) and date of notice Does the GM's report, recommendation or Order ofincapacitylAppointment of GD list interested person(s)? Name(s) and date of order (F.S. 744.367(4) & F.S. 744.341(3)) Acknowledgement by ward if voluntary: 000060 YES YES YES YES YES YES YES NIA YES YES YES YES YES YES YES YES NO NO NIA NIA NIA NIA NIA NIA NIA ,- !H "f. , - ·~ .-~' : ~·' :- .. ~ •, PROFESSIONAL GUARDIANS for background investigation paid? . Date: Date of waiver: DCF release form: Date: ])ate of waiver: "'Registered wi_th Statewide Public Guardianship Office? Date: 4115/15 • . If no, is the;e notitfoation 9f suspension or revocation from SPGO? (check guardian file) :Fingerprint card· of guardian (F.S. 7443135) Date: • IF FIL:EP ELECTRONICALLY, check guardian file for FDLE record ·_If record, copy·sent to SPGOIGM office? . ,_- .. '' •• •. F.e~ NIA NIA YES NIA NIA NIA ',;'. NON-PROFESSIONALGUARDIANS Fee for:backgtound investigation paia? '!Ja.te: Date of waiver: Date of waiver: r·- ~- ·Fit;1.gerptjitt ~ard 9f guardian(F.S. 744.3135) Date: · -- · _• . Ifelectronic, check guardiari file for FDLE record. If record, copy sent to GM office? Date:[)ate of waiver: _DCE.release fonii: ' . ,, .. ·1ni family/Jlon-professionatguardian, a certificate(s)' arid/or notarized statement by the guardian that.the . :eJght,{8f~otir-gu'ardian education course is completed per florida Starute 744.3145(3). Proof due on (125 days after date of Letters): ·.• :Date of Waiver: If due date is-after the_date of audit, manually input tick for due-date listed above. ,. .. - NIA NIA NIA NIA NIA • • .• ! · GUARDIAN CONTACT INFORMATION: Is th~ ard_ian:s social secUrit ri!imber'Jisied OIJ. the si atur_e age? · Isthe_·guardian's address in the computer application 'the-same as listed' on the re ort? . .. . NIA NIA Initial Review of Report Recommendations Wqrksheet Prepared on 4/1511'5-by Shed Paige, Deputy Cler_kand an Order Approvinglnitial Plan was s~rit' to: the Judge. ' - •: .· ' . ,:" ~. 000061 -:- ·· . • :_·•.; ,-·<-· ·:• IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No: 502014GA000630XXXXSB IZ Division: Probate/Mental Heath RE: GUARDIANSHIP OF FRANCES BERKOWITZ ORDER APPROVING INITIAL PLAN OF GUARDIAN OF ADULT PERSON The Court has reviewed the Initial guardianship report consisting of an initial guardianship plan covering the Period of 12/4/l 5 through I/31116; and the Court finds and detennines that said reports (a) Meets the needs of the Ward; (b) Authorizes the guardian to act only in areas in which the Ward has been declared incapacitated; and (c) Confonns to all other req_uirements of the Florida Guardianship Law (F.S. 744.363). It therefore is ADJUDGED said initial plan is approved and constitutes the authority for the guardian to act in the ). .- · .forthcoming year and the guardian's powers are limited as set forth in said plan. ORDERED this ~I sr day Af'RtL- of201 s. .; Copies furnished to: SHERI L HAZELTINE ESQ . . 800 PALM TRAIL SUITE 3 DELRAY BEACH FL 33483 ELIZABETH SAVITT 501 NORTH COUNTY CLUB DRIVE ATLANTIS FL 33462 ; : ·:~· ;· .-..· ~-,;:r.; ;) ' _(-'. Ii" L •, 000062 - ~ '_,·'.:..'.·,.,_. r ' '. . ! .- ' ·::;. __.., . j ·-. ~,,.:;-'"' IN THE CIRCUIT CO{JRT OF TH:E FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY; FLORIDA Case No. 5020 l4GA000630XXXXSB IZ Division: Probate/Mental Heath · RE: GUARDIANSHIP OF FRANCES' BERKOWITZ ORDERAPPROVING VERIFIED .INVENTORY OF GUARDIAN OF PROPERTY In accordance with Florida Statute 744.365, an initial report consisting of a verified inventory was filed by the guardian of the property on 316115. The verified inyentory was audited by the Clerk of the Circuit Court in accordance with Florida Statute 744.368, there having been no objections filed within the time provided by law, and .the Court having reviewed the inventory in accordance with F.S. 744.369, it is ORDERED the above-referenced initial inventory is approved. § ORDERED this '?. J day of. f1PRlL- '2015. Copies furnished to: SHERI L HAZELTINE ESQ. 800 PALM TRAIL SUITE 3 DELRAY BEACH FL 33483 ELIZABETH SAVITT 501 NORTH COUNTY CLUB DRIVE ATLANTIS FL 33462 ." \ .. .\~"~ .~ ~. \.:_.,~;: - .:1:·"'·~ .. . ~ ;• ~,. .. 000063 o ____ ,,.; 1 Filing# 26420171 E-Filed 04/22/2015 04:43:08 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case/Vo. 502014GA000630}(X)()(SB Division: IZ IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ. PETITION FOR ORDER AUTHORIZING PAYMENT OF ATTORNEY'S 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, the limited guardian of FRANCES BERKOWITZ (the Ward). 3. Petitioner has rendered legal services for the benefit of the Ward, from January 9t1t, 2015 to April 16th, 2015, as more fully described and set forth in the itemized schedule of services and expenses attached hereto as Exhibit A, for which petitioner has not been paid. 4. Petitioner's records indicate that during the period of time above mentioned in excess of 1.95 attorney hours and 1.4 paralegal hours have been devoted to the representation of the co-guardians of the Ward. 5. Based upon the criteria established by Section 744.108(2) of the Florida Guardianship Law, petitioner believes that a reasonable fee for the services performed by the petitioner during that period of time is: $ Hourly rate: Atty. Hours worked: $ Paralegal rate: $ Paralegal Hrs. worked:$ 350.00 1.95 125.00 1.4 1 000064 R BOCK, CLERK. 4/22/2015 4:43:08 PM*** ***FILED: PALM BEACH COUNTY, FL SHARON Total fees: Total costs: Total amount of $ $ 857.50 1.65 and Compensation: $859.15. 6. That this attorney's have a reasonable value of $859.15. 7. That previous fees and costs have been billed in the amount of $2,459.25. WHEREFORE, Sheri L. Hazeltine, an Order awarding attorney respectfully requests that this Court enter and expenses provided on behalf of the Ward and made payable from the guardianship estate. 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 DATED this lief. day of April, 2015. SHERIL. P.A. By:-~= Sheri L. Hazeltine, Esq. Florida Bar No. 0674567 800 Palm Trail Plaza, Ste. 3 Delray Beach, Florida 33483 (561) 243-4655, Fax (561) 243-6933 2 000065 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of this Petition for Attorney's was sent via E-Service to the following parties and/or persons of interest on this of April, 201 Edward Shipe, Esq., court-appointed attorney. By: ~21. S Hazeltine, Esq. Florida Bar No. 0674567 3 000066 SHERI L. HAZELTINE & ASSOCIATES, P.A. Attorney at Law 800 Palm Trail Plaza, Suite 3 Delray Beach, Florida 33483 Phone: 56/-2./3-./655; Fax: 561-2./3-6933 ofFlorida Elder Law Florida Guardianship Association; Member, National Academy of Elder Law Attorneys; Palm Beach Guardianship Association; Florida !:Jar Association; Elder Law Section. Bar Association; Palm Beach County !:Jar Association; South Palm Beach Disabilities,· Florida 's Voice on Admitted in Alaska and florida. Elizabeth Savitt, Guardian 501 N. Club Dr. Case: Case No.: Invoice Date: April 16, 2015 Invoice Number: 12072 Invoice Amount: 59.15 In re Guardianship of Frances Berkowitz Attorney Fees 1.95 Hours 117/2015 1/9/2015 1 10/2015 I/ 12/2015 1/12/2015 1/12/2015 1I12/2015 I/16/2015 1/20/2015 112712015 I/28/2015 Fees 1.4 Hours $125 /hr. from from Client, with Review of Sheryl Taylor. Preparation of #for this attorney fee petition# 11946; filing is 22377756. to hold off just on Review of email Prep of scheduling the response. Review of e-mail from Ms. Savitt us to permission from Gillen to substitute Webb Millsaps in the 4 lawsuits with Dean Rosenbach. Prepare e-mail to Edward Shipe, stating that our client is in with his petition. disregard email about from Client substitution and Mr. Millsaps. Receipt and review of e-mail from Mr. Shipe. He has no to Ms. attorney fee of Mr. Shipe's order to Client for Emailed payment. Gillen for Mr. Shipe's Review of 20. in amt. of p,.,~,.".,." e-mail to Ms. Savitt reminding her about completing the initial guardianship plan and verified inventory. Review of second from Client hold off on preparing the petition for the probate case on Jerry Berkowitz. 1 EXHIBIT A 000067 S.L.H. .10 35.00 R.B. .20 No S.L.H. .10 No R.P. .10 No R.P. 10 S.L.H. .10 No R.P. .10 No R.P. .10 No S.L.H. .10 35.00 R.P. .10 12.50 S.L.H. .10 No Charge No 1128/2015 1/29/2015 1/29/2015 1/29/2015 1/31/2015 1/31/2015 1/3112015 1/31 /2015 1/3112015 2/25/2015 2/26/2015 2/26/2015 2/26/2015 2/27/2015 3/2/2015 3/3/2015 Review of email from Client stating that she may have to substitute in for Frances in a probate matter involving a relative Jerry Berkowitz. She will be giving me more information on this. Receipt and review of Order approving stipulation of counsel for defendant Frances Berkowitz, individually, and as personal representative of the estate of Jerry Berkowitz. Receipt and review of agreed order on attorney's fees and reimbursement for Edward Shipe, Esq. Receipt and review of e-mail stating that Ms. Hazeltine will have to do the petition to substitute her as personal representative. Telephone call with Client regarding status of case. She informed me of Mr. Rosenbach's efforts in the pending probate case with Frances' husband Jerry Berkowitz. Receipt of signed Order from Judge Gillen for Edward Shipe's fees. Prep of emailed letter to Client regarding the initial documents; told her I was working this weekend and can assist. Review of case and recent emails regarding the pending probate matter regarding Jerry Berkowitz. Preparation of emailed letter to Client regarding entry of appearance of Dean Rosenbach, Esq. in the case on 01/26/ 15. Also asked Client for a copy of Frances' Trust and Will (signed copies) documents. Preparation of email to Client and paralegal explaining deadline to file initial report was not until March 7th. Receipt and review of Order approving stipulation for substitution of counsel for plaintiffs. Review of draft motion for extension of time. Signed and f malized for e-filing. Prepare motion for extension of time to file initial plan and verified inventory. E-nle Motion for extension of time to file Initial Guardianship plan and Vcrified Inventory; Reference # for this filing is 24255841. Telephone call with Client. Discussion of case. She had asked me to substitute in as the attorney of record in the probate matter for Jerry Berkowitz - I told her that Mr. Rosenbach Esq. had already entered an appearance in the probate matter; she said then do not enter an appearance. Prepare letter to Judge Gillen attaching attorney fee petition, agreed order and self-addressed, stamped envelopes. Prepare letter to Judge Gillen enclosing motion of extension of time to file initial plan and verified inventory; agreed order and self-addressed, stamped envelopes. 2 EXHIBIT A 000068 S.L.H. .10 $35.00 R.P. .10 No Charge R.P. .10 No Charge R.P. .10 No Charge S.L.H. .10 No Charge S.L.H. .10 No Charge S.L.H. .10 No Charge S.L.H. .30 $105.00 S.L.H. .10 No Charge R.P. .10 No Charge S.L.H. .10 $35.00 R.P. .20 $25.00 R.B. .20 No Charge S.L.H. .10 $35.00 R.P. .30 No Charge R.P. .20 $25.00 3/3/2015 3/6/2015 3/6/2015 3/6/2015 3/9/2015 3/11/2015 3/11/2015 3/12/2015 3/12/2015 3/12/2015 3/16/2015 3116/2015 3/18/2015 3/18/2015 3124/2015 3/25/2015 3/25/2015 3/25/2015 3/27/2015 4/2/2015 4/16/2015 Prepare order on motion for extension of time. E-ftled notice of filing confidential information and verified inventory, ref. #24581339. E-mailed copy to Ms. Savitt. E-filed initial guardianship plan, ref. #24580905. Emailed copy to Ms. Savitt. Review of completed initial plan and inventory. Signed and fmalized fore-filing. Review of email from Client Ms. Savitt. Asked us to prepare a petition for authorization to act under 744.447 and 744.441 for the guardian to hire Mr. Dean Rosenbach, Esq. to prosecute and defend the claims as set forth in the 3 lawsuits. Prep of response email. Made changes to the draft petition for authorization to act. Prep of email to Client and attached draft copy of petition for her review. Prepare petition for authorization to hire civil attorney. Further work on draft petition for authorization to act, for Mr. Roscnbach, Esq. to act in the 3 lawsuits he has substituted in. Review of email from Client stating the revised petition was now correct. Preparation of email to Client Ms. Savitt with attached draft of petition for authorization to act, in the 3 lawsuits where Mr. Rosenbach Esq. has substituted in for Mr. Millsaps, Esq. E-ftled the petition for authorization to act. Signed and fmalized rec'd signed petition from Client. Prepare notice of hearing. E-filed notice of hearing, ref. #25032382. E-mailed copy to Ms. Savitt. Prepare Order on petition for authorization to act. Receipt and review of agreed order authorizing payment of attorney's fees. E-mailed to Ms. Savitt. Attendance at court hearing in front of the Honorable Circuit Judge Gillen. Court signed the Order on petition for authorization to act authorizing Dean Rosenbach, Esq. to pursue 3 claims on behalf of the Ward. Receipt and review of agreed order on motion for extension of time to file verified inventory. Review of signed order on motion for extension of time, granting guardian additional time to file the initial plan and verified inventory. Payment received in the amount of $2,459.25, check #1020. Review of file. Preparation of email to Client reminding her to complete the initial plan and inventory. SUBTOTAL: 3 EXHIBIT A 000069 R.P. R.P. .20 .20 $25.00 No Charge R.P. .20 No Charge S.L.H. .10 $35.00 S.L.H. .10 $35.00 S.L.H. .20 $70.00 R.P. S.L.H. .30 .20 $37.50 $70.00 S.L.H. .10 No Charge S.L.H. .10 $35.00 S.L.H. S.L.H. R.P. R.P. .10 .10 .20 .20 No Charge No Charge $25.00 No Charge R.P. R.P. .20 .10 $25.00 No Charge S.L.H. .25 $87.50 R.P. .10 No Charge S.L.H. .10 $35.00 R.P. .10 No Charge S.L.H. .10 $35.00 6.75 $857.50 Costs 3/3/2015 SUBTOTAL: Postage. $1.65 $1.65 TOTAL: $859.15 PREVIOUS BALANCE DUE: $0.00 CURRENT BALANCE DUE AND OWING: $859.15 Thank you for your business. We do expect payment promptly, so please process this invoice within 14 days. There will be a late payment charge of 1.5 percent, in 30 day increments, applied to any past-due unpaid balance of accounts. 4 EXHIBIT A 000070 -. IN.THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000630XXXXSB Division: IZ IN RE: GUARDIANSHIP OF: FRANCES BERKOWITZ. AGREED ORDER AUTHORIZING PAYMENT OF ATTORNEYS FEES AND COSTS ·Off the pe~ition filed. April 22, 20 l 5 of Sheri L Hazeltine, .Esq, for an order /.. . ~. :".' authorizing payment of attorney's fees for services rendered and expenses incurred for her representation of ELIZABETH SAVITT, the limited guardian of the Ward, for the benefit ofthe ~- . ~ CQ 0:?>{..~,. c::,,,,.. ::z:: --· Ward, FRANCES BERKOWITZ, the court having examined the file in th.is proceea3.#~an&it OCO'-'' ':ti:. ""<1>.-•, . ...,,;(11~ -< .[,,_ ..-· having considered the evidence presented regarding the criteria established tinder t!J§?filori.s;kt. . Guardianship l>(:')·o . l~w, and thatthe material allegations of the petition are.true and bei~h~~se i2~.~ ar·~ fully adjudged, it is ·11& .'-&; ADJUDGED as follows: 1. The sum of$859.15 is a reasonable fee for the services of Sheri L. Hazeltine, Esq. for the period from January 9, 2015 through April 16, 2015. · 2. Jihe limited guardian.of the Ward is authorized and direct~dto pay tha.t f~~ qf. $g59, 15 to Ms. Hazeltine from the assets of the Ward's estate, for a total of $859 .15 within five (5) days from the date of this Order. DONE and ORDERED on this t 'tW day Beach County, Florida. Copy provided to: Sheri L. Hazeltine, Esq., 800 Palm T 000071 Filing# 31261621E-Filed08/25/2015 09:59:42 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000630XXXXSB Division: IZ IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ. PETITION FOR ORDER AUTHORIZING PAYMENT OF COMPENSATION AND EXPENSES OF GUARDIAN Petitioner, ELIZABETH SAVITT, by and through her attorney, SHERI 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 proceeding are: Fees: $-0Costs $-0Petitioner has rendered services as limited guardian of the Ward and incurred expenses from December 8, 2014 through August 21, 2015, as more fully described and set forth in the itemized schedule of services and expenses attached hereto as Exhibit A, for which petitioner has not been paid. Based upon the criteria established by Section 744.108(2), 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: $ 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 000072R BOCK, CLERK. 8/25/2015 9:59:42 AM*** ***FILED: PALM BEACH COUNTY, FL SHARON benefit of the Ward and the estate, and that such from the assets of the I declare that I have read the tori>.ucrmu. and the facts belief Limited Guardian DATEDonthi 2 000073 Savitt Guardians Elizabeth "Betsy" Savitt 501 N Country Club Dr. Atlantis, FL 33462 Phone: 561-573-1292 I Fax: 561-439-6765 Account Statement Prepared for Frances Berkowitz Re: Guardianship $0.00 $0.00 $0.00 $13,440.30 $13,440.30 Previous Invoice Amount Last Payment Received Previous Balance Current Charges Total Due Matter: Guardianship Frances Berkowitz 000074 Savitt Guardians Elizabeth "Betsy" Savitt 501 N Country Club Dr. Atlantis, FL 33462 Phone: 561-573-1292 I Fax: 561-439-6765 Frances Berkowitz Invoice Date: August 21, 2015 Invoice Number: 10090 Invoice Amount: $13,440.30 Guardian's Fees Travel to SunTrust to open accounts. 12/8/2014 T.C. Webb Millsaps re: case history and history of 12/8/2014 law suits. E-mails, T.C.'s Webb Millsaps re: accounting of 12/9/2014 funds, withdrawing from cases. T.C. S. Hazeltine re; case history 12/9/2014 T.C. Webb Millsaps office for all of clients billing 12/10/2014 and receivables. T.C. S. Hazeltine for emergency petition for access 12110/2014 to trust account at SunTrust Bank. Review of petition, signing and scan. T.C. Frances, Webb Millsap, re: background on 12/10/2014 finances. 12/11/2014 T.C. Sheryl Taylor re: case history T.C. Bruce Rosenwater re: settling law suits and 12/12/2014 wants to know if we are hiring another attorney. T.C. Dr. Blume, wants to coordinate meeting with 12/15/2014 Frances as she is home alone during the day. Meeting with Frances at home. 12/16/2014 T.C. Sheryl Taylor. Went over guardianship and 12/19/2014 expecting Dr. visits. Review of funds paid to Webb and case as it relates to the husband and wife's involvement. 12/22/2014 Travel to SunTrust Bank for additional statements and copies of all checks. Review. Met with Dean Rosenbach re: transfer and review of 12/26/2014 bank documentation. 12/27/2014 E-mails from Webb re: finances and withdrawing from cases. 12/31/2014 Discussion of case with S. Hazeltine. 114/2015 T.C. Sheryl, spoke about the interview with Judith 000075 E.S. E.S. 2.00 .50 $190.00 $47.50 E.S. .40 $38.00 E.S. E.S. .40 .20 $38.00 $19.00 E.S. .50 $47.50 E.S. .70 $66.50 E.S. E.S. .30 .30 $28.50 $28.50 E.S. .20 $19.00 E.S. E.S. 1.50 .40 $142.50 $38.00 E.S. 1.20 $114.00 E.S. .80 $76.00 E.S. .20 $19.00 E.S. E.S. .20 1.30 $19.00 $123.50 116/2015 1/7/2015 1/7/2015 11712015 1/7/2015 118/2015 1110/2015 1110/2015 1113/2015 1113/2015 1/13/2015 1113/2015 1115/2015 1115/2015 1115/2015 1117/2015 1118/2015 1119/2015 1119/2015 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 from S. Hazeltine, Webb Millsap, Sheryl Taylor, Dean Rosenbach re: incapacity hearing, billing, finances. Attend hearing on incapacity. Consult with Ct. appointed attorney and S. Hazeltine after hearing about new attorney and care managers. Discussion with Sheryl and Frances after hearing re: finances and Webb Milsap's billing. T.C. S. Hazeltine office re: guardianship paperwork. Set up guardianship file and review. T.C. Dean Rosenbach, re: contract for services. Discuss plan of action. E-mail S. Hazeltine same. Create contact sheet for file. T.C. Frances, she can not find 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 help her try to locate her sister who is not answering the phone. Pen letter to Sheryl Taylor. Pick up file 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 financial abuse. Wants something to happen immediately after waiting a year and 112. T.C. Carla re: case history and instruction for appointment with Frances today. E-mail Sheryl, she is now willing to help Frances find an apartment close to her so she can continue care 3 messages from 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 000076 E.S. .80 $76.00 E.S. E.S. .80 .30 $76.00 $28.50 E.S. .20 $19.00 E.S. E.S. E.S. .15 .80 .40 $14.25 $76.00 $38.00 E.S. E.S. .30 .20 $28.50 $19.00 E.S. .40 $38.00 E.S. .30 $28.50 E.S. E.S. .30 .70 $28.50 $66.50 E.S. .80 $76.00 E.S. .30 $28.50 E.S. .50 $47.50 E.S. .50 $47.50 E.S. .50 $47.50 E.S. .30 $28.50 1120/2015 1/20/2015 1123/2015 1123/2015 1123/2015 1126/2015 1126/2015 1126/2015 1127/2015 1128/2015 1130/2015 l/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 from 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 office 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 unit 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 Joseph'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 office for conversation. T.C. Sheryl Taylor re: the multitude of manic phone calls from Frances. Received more history of her 000077 E.S. 1.00 $95.00 E.S. .60 $57.00 E.S. .40 $38.00 E.S. E.S. .20 .70 $19.00 $66.50 E.S. .20 $19.00 E.S. 1.00 $95.00 E.S. .40 $38.00 E.S. .40 $38.00 E.S. .70 $66.50 E.S. .50 $47.50 E.S. E.S. E.S. .50 1.30 1.80 $47.50 $123.50 $171.00 E.S. .20 $19.00 E.S. 2.20 $209.00 E.S. .40 $38.00 E.S. .80 $76.00 E.S. 1.50 $142.50 E.S. .70 $66.50 E.S. .20 $19.00 E.S. .30 $28.50 2/13/2015 2/14/2015 2115/2015 2/16/2015 2/16/2015 2/17/2015 2/17/2015 2/17/2015 2/18/2015 2/18/2015 2/18/2015 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. T.C.'s 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 #30,000.00 retainer but does not remember signing an agreement. Multiple phone calls from 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 increasingly 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 eat, has trouble bathing, some incontinence. Drove her to Fair Oaks for admitting, providing records and information Notes to file, 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 psychological reports. History of non compliance with medication. T.C. Dr. re: keeping Frances for possibly 2 weeks until stabil. Will try injection of long term medications. T.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. 000078 E.S. E.S. .20 .50 $19.00 $47.50 E.S. .30 $28.50 E.S. 1.50 $142.50 E.S. .30 $28.50 E.S. E.S. .20 5.50 $19.00 $522.50 E.S. E.S. .30 .80 $28.50 $76.00 E.S. .80 $76.00 E.S. .90 $85.50 E.S. 1.20 $114.00 E.S. .20 $19.00 E.S. .20 $19.00 E.S. .30 $28.50 E.S. .50 $47.50 E.S. .20 $19.00 2/22/2015 2/23/2015 2/23/2015 2/24/2015 2/24/2015 2/25/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/27/2015 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 staff. Frances calm but ready to leave. Still wants no meds. T.C. Dean Rosenbach re: case update, hearing on Friday and Moreslife. Pen notes to case history. T.C. Frances, they did not give her clothes, told her to go and ask for them. Told me she wants Pricilla and Sheryl behind bars. T.C. Dean Rosenbach re: hourly vs contingency payment on cases filed. Update for hearing on Friday. Settlement 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 first 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 office 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 fit 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. T.C. Dean Rosenbach, update on settlement. First check arriving today. T.C. Frances, she was seen by owner of ALF. She asks that they serve Kosher food. Said it will be difficult to place her. Work on Guardianship Plan and Inventory. (4) messages from Frances. Listen and pen to file. 000079 E.S. 1.40 $133.00 E.S. .50 $47.50 E.S. .20 $19.00 E.S. .50 $47.50 E.S. .40 $38.00 E.S. .60 $57.00 E.S. .40 $38.00 E.S. E.S. .20 1.50 $19.00 $142.50 E.S. .30 $28.50 E.S. .80 $76.00 E.S. E.S. .20 1.20 $19.00 $114.00 E.S. E.S. E.S. E.S. E.S. E.S. .20 .20 .20 .30 .30 1.00 $19.00 $19.00 $19.00 $28.50 $28.50 $95.00 E.S. .20 $19.00 E.S. .20 $19.00 E.S. .20 $19.00 E.S. E.S. 1.20 .30 $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 3/11/2015 3/11/2015 3/11/2015 3/11/2015 3/12/2015 3/12/2015 3/13/2015 3/15/2015 3/16/2015 3/18/2015 3/18/2015 E-mails from Att. Rosenbach Travel to Sun Bank for more documents. Finalize inventory and guardianship plan. Send to S. Hazeltine. Billing and filling. 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. T.C.'s Frances re: living situation, past history review. Visit with Frances, calm her down, assure her we will get everything she needs. T.C. Kimberly at Anguilla re: adjustments for Frances. 000080 E.S. E.S. .25 .60 $23.75 $57.00 E.S. .50 $47.50 E.S. .20 $19.00 E.S. .70 $66.50 E.S. .50 $47.50 E.S. .60 $57.00 E.S. .20 $19.00 E.S. E.S. .25 1.50 $23.75 $142.50 E.S. .30 $28.50 E.S. 1.80 $171.00 E.S. .50 $47.50 E.S. .20 $19.00 E.S. .40 $38.00 E.S. .20 $19.00 E.S. .70 $66.50 E.S. .40 $38.00 E.S. .30 $28.50 E.S. .80 $76.00 E.S. .40 $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 3/30/2015 4/112015 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 find her ID's. T.C. Anguilla, they have them in office. Gave permission to give back to her. Scan Death Certificate to Dean Rosenbach office for Jerry Berkowitz. T.C. Dean Rosenbach. Receive and review petition for Jerry Berkowitz. T.C.'s Frances, she is not happy, hates to have injection of medication, wants to move, wants to talk to the attorney. T.C. Anguilla re: issues with Frances. T.C.'s 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 psychiatrist. T.C. Frances, set up meeting. Meeting with Dean and Frances. Meeting with staff. re: moving furniture 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 filling. 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 furniture out, have to find 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 fixating 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: psych issues. E-mails from Att. Rosenbach re: case. Review file. T.C. Frances. Return e-mails for aide. T.C. to forgotten soldiers to pick up couch and breakfront from apt. T.C. Joseph's place asking when we will have apt. empty. 000081 E.S. .30 $28.50 E.S. .10 $9.50 E.S. .50 $47.50 E.S. .40 $38.00 E.S. .50 $47.50 E.S. .40 $38.00 E.S. E.S. .20 .50 $19.00 $47.50 E.S. E.S. E.S. .30 .20 1.50 $28.50 $19.00 $142.50 E.S. E.S. E.S. .20 .20 .50 $19.00 $19.00 $47.50 E.S. E.S. .15 .50 $14.25 $47.50 E.S. .40 $38.00 E.S. .80 $76.00 E.S. .40 $38.00 E.S. .30 $28.50 E.S. .40 $38.00 E.S. E.S. E.S. .30 .40 .20 $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 4/27/2015 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 5112/2015 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 Anquilla 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 would try 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 filling for Marisol. T.C. Marisol for update. Review language and amounts discussed 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 from Frances. T.C. the Berkowitz's accountant. T.C. Ombudsman. She is receiving T.C.'s from Frances every day. Issues are food, housing, visiting her husband, getting a new phone. Review documents from bank and correspond with attorney re: settlement of Am Trust interpleader. Review billing from Companion. Monthly billing and filling. 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 appointment for tour. T.C. Frances, and arrange transportation and aide. Travel to Morselife to meet director and tour. T.C. Michelle at Morselife, suggest Psychiatric ALF 000082 E.S. E.S. .20 .50 $19.00 $47.50 E.S. .40 $38.00 E.S. .40 $38.00 E.S. 1.30 $123.50 E.S. E.S. E.S. .20 .30 .70 $19.00 $28.50 $66.50 E.S. .70 $66.50 E.S. .40 $38.00 E.S. .50 $47.50 E.S. .40 $38.00 E.S. .80 $76.00 E.S. .50 $47.50 E.S. E.S. .20 .30 $19.00 $28.50 E.S. 1.40 $133.00 E.S. .30 $28.50 E.S. .50 $47.50 E.S. 1.20 $114.00 E.S. .60 $57.00 E.S. E.S. 1.50 .20 $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 6/6/2015 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 filing for aide. Review e-mail from Att. Rosenbach re: interpleader Multiple calls from Frances. Schedule to meet her this week. T.C. Frances, Anquilla Cay staff. 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, wants 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 stopped payment on her phone. Billing and filling. T.C. SunTrust bank investment advisor. Review settlement from 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 JFS 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 000083 E.S. E.S. .20 .40 $19.00 $38.00 E.S. .80 $76.00 E.S. .30 $28.50 E.S. .40 $38.00 E.S. E.S. E.S. .15 .20 .30 $14.25 $19.00 $28.50 E.S. .30 $28.50 E.S. .30 $28.50 E.S. 1.20 $114.00 E.S. E.S. E.S. E.S. .30 .20 .25 .70 $28.50 $19.00 $23.75 $66.50 E.S. .60 $57.00 E.S. E.S. .40 1.20 $38.00 $114.00 E.S. .80 $76.00 E.S. .20 $19.00 E.S. .30 $28.50 E.S. 1.00 $95.00 E.S. .20 $19.00 E.S. E.S. E.S. E.S. .80 .30 .40 .60 $76.00 $28.50 $38.00 $57.00 E.S. 1.00 $95.00 6/19/2015 6/23/2015 6/23/2015 6/23/2015 6/23/2015 6/23/2015 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 7/18/2015 7/19/2015 7/20/2015 7/20/2015 7/20/2015 7/21/2015 7/21/2015 forms, submit. Pick up Frances and go out to Veterans cemetery to see where she has plot pre-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 Attorney 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 finding 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, turns 85 today. Spoke about getting her into activities. Review final 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 from Rosenbach on interpleader case. T.C. Frances, she now wants to move, has had an altercation with another resident. Review lawsuit against Webb Millsap. T.C. SunTrust, funds arrived. Set up appt. with advisor. 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 staff re: attending senior center with urinary problem. Review files for original billing. T.C. Frances re: getting aide to take her out. Additional review of billing on interpleader case. Emails to Dean Rosenbach. Interview additional aid. Set up meeting. 000084 E.S. 1.50 $142.50 E.S. .20 $19.00 E.S. .30 $28.50 E.S. E.S. E.S. .30 .25 .20 $28.50 $23.75 $19.00 E.S. .20 $19.00 E.S. .30 $28.50 E.S. .30 $28.50 E.S. E.S. .25 .20 $23.75 $19.00 E.S. 1.30 $123.50 E.S. E.S. E.S. .10 .30 .30 $9.50 $28.50 $28.50 E.S. 1.50 $142.50 E.S. .20 $19.00 E.S. E.S. .50 .20 $47.50 $19.00 E.S. E.S. .20 1.25 $19.00 $118.75 E.S. 1.25 $118.75 E.S. .30 $28.50 E.S. E.S. E.S. .30 .20 .40 $28.50 $19.00 $38.00 E.S. .60 $57.00 7/21/2015 7/23/2015 7/23/2015 7/26/2015 7/26/2015 7/27/2015 7/28/2015 7/31/2015 8/2/2015 8/2/2015 8/3/2015 8/3/2015 8/10/2015 8/10/2015 8/11/2015 8/12/2015 8/13/2015 8/14/2015 8/16/2015 8/16/2015 8/17/2015 8/20/2015 8/20/2015 8/21/2015 8/21/2015 SUBTOTAL: Communicate to Frances. Fill out forms for day center. Update new profile sheet. Research address for Sheryl Taylor. Interview new aide with Frances. Travel to Lake Worth Senior Center. Submit applications for dining and attending. Tour facility with Frances and select classes to participate in. Fill and submit application for Palm Tran. T.C. Frances, loney, wants visitors. Arrange aide for afternoon. Review of request for admissions from defendant Greenspan and 4 PDF's of attachments. Multiple calls (12) from Frances re: going to the senior center. She is anxious about doing anything new. States she only wants to talk. T.C. Anguilla, issues with Frances. T.C. Aide will show at 3:00 and go to senior center. T.C. Aide, emergency, had to cancel. T.C. Frances, inconsolable. Visit to France's, meet with staff re: medications, food. Review of revised final bill on interpleader case. T.C. Frances (12), distraught, lonely, wants her husband back. T.C.'s Frances re: getting more help. T.C. Frances re: scheduling. Billing and filling. Billing and filing. T.C.'s from Frances, still having abdominal pain. T.C. Nurses to check with Dr. Coordinate new aide. T.C. Anguilla, Frances needed extra attention for bowls. Coordinate shopping and meeting new aide. T.C. aide to review Frances requests and scheduling. T.C. SunTrust managers. Review debit card, accounting, review billing on complete matter. Visit to Frances at home. Preparation of answers to interrogatories and responses to request for admissions. Conf with council. Preparation of revisions to same. Met with Dean Rosenbach to review contingency cases against Webb and Taylor. T.C. Dean Rosenbach re: interrogatories, request for medical records. T.C. and Fax to Dr. Tromans. T.C. to schedule aides. Pay bills. Reconcile online account. Revise budget for investment meeting. T.C. Jeff Edglo at SunTrust re: discussed petition to invest. Trust fund and cd and high interest account. Suntrust 000085 E.S. .80 $76.00 E.S. 2.00 $190.00 E.S. E.S. .20 .20 $19.00 $19.00 E.S. 2.50 $237.50 E.S. .50 $47.50 E.S. .50 $47.50 E.S. 1.20 $114.00 E.S. E.S. 1.00 .20 $95.00 $19.00 E.S. E.S. E.S. E.S. .20 .20 .40 .30 $19.00 $19.00 $38.00 $28.50 E.S. .30 $28.50 E.S. .30 $28.50 E.S. E.S. .20 1.20 $19.00 $114.00 E.S. E.S. .50 2.50 $47.50 $237.50 E.S. 1.00 $95.00 E.S. .50 $47.50 E.S. .60 $57.00 E.S. .40 $38.00 E.S. .10 141.00 $9.50 $13,395.00 Costs 117/2015 1118/2015 1118/2015 7/3/2015 8/4/2015 SUBTOTAL: Clerk of court fees for court orders. Postage 10 x .49 Printing 3 5 X .25 Printing 35 x .25 Postage 10 x .49 $18.00 $4.90 $8.75 $8.75 $4.90 $45.30 TOTAL: $13,440.30 PREVIOUS BALANCE DUE: $0.00 CURRENT BALANCE DUE AND OWING: $13,440.30 000086 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case!./o. 502014GA000630){)(}{)(SB Division: IZ IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ. AGREED ORDER AUTHORIZING COMPENSATION AND EXPENSES OF GUARDIAN On the petition of ELIZABETH SAVITT, the limited guardian of FRANCES BERKOWITZ, the Ward, by and through her attorney, Sheri L. Hazeltine, Esq., for an order authorizing payment of guardian's fees for services rendered and expenses incurred; and the court having examined the file in this proceeding and having considered the evidence presented regarding the criteria established under the Florida Guardianship law, and that the material allegations of the petition are true and being otherwise fully adjudged, it is ADJUDGED as follows: 1. The sum of $13,395.00 is reasonable compensation for the services of ELIZABETH SAVITT for the period from December 8, 20 I 4 through August 2 I, 2015. 2. The limited guardian of the person and property of the Ward is entitled to reimbursement for expenses in the amount of: $45.30. 3. The limited guardian of the person and property of the Ward is authorized and directed to pay that compensation and those expenses from the assets of the Ward in the total amount of $13,440.30. ORDERED on this:l.l 5t°ay of ~15 at Delray Beach, Florida . c .3' COfvpr~to: sCsti L.~fl~ine, Esq. CIRCUIT JUDGE JESSICA TICKTIN -8~alm'.V-WJ, Suite 3 uelray B~~;.Florida 33483 ._.J N N """"" .-:.;i;2l :-::'.~b- 000087 (\;1:' '\ :-:1 p . : ~! L. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM :SEACH COUNTY, FLORIDA CASE NO: 502014GA000630XXXXSB IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ NOTICE OF DELINQUENCY AND ORDER SETTING SHOW CAUSE HEARING THE GUARDIAN or guardians are delinquent in filing the following item(s) (indicated by XXX) as required by Chapter 744, Florida Statutes: Initial Guardianship Plan (initial report of guardian of person) for the period 5/16/12- 5/31112 Verified Inventory (initial report of guardian of property). (Must include bank verification of cash assets and property appraisal for property assets Proof of service of guardianship report(s) on ward and the attorney for the ward, if appMf-!We ~ Sf:-1:. XXX Annual Guardianship plan for the period 2/1/16-1/31/17 ~~:- ~ ~ Annual Accounting for the period of 9/1114 - 8/31115 (plus appropriate audit fee) ... i . ,, '. ~ . l \ Appropriate documents to close Guardianship Case Accordingly, it is ORDERED AND ADJUDGED: f. The guardian(s) shall file the delinquent item(s) no later than DECEMBER 29™, 2015. IF ANY REPORT IS NOT FILED BY THE DEADLINE, THEN THE GUARDIAN(S) FOR THE PREPARATION OF THE REPORTS AND THE ATTORNEX FOR THE GUARDIAN(S) SHALL APPEAR : , .. BEFORE THE COURT AT 9:00 AM on JANUARY 5n9f'n hearing room D, South County Courthouse, 200 '!' ... , ; West Atlantic Avenue, Delray Beach, Florida 33444 to show cause why the guardian(s) should not be held in contempt. 3. If you are unable to meet the above referenced deadline you must file a written Motion for Continuance with the Court. All parties including the General Magistrate's office must be copied. You must appear at General Magistrate WILLISs Uniform Motion Calendar, which is held each Thursday at 8:30 AM, with all appropriate paperwork for the Magistrate's consideration and /or signature. The time and date for the new hearing will be · provided at or immediately after the UMC hearing \ \ 1' 1J ~ DONE AND ORDERED at Delray Beach, Palm Beach County, Florida this-f+-- day of LX.- CJ_ 2015 . 2. .... 1'.- Court Auditor/Court file SHERI L HAZELTINE ESQ. 800 PALM TRAIL SUITE 3 DELRAY BEACH FL 33483 ELIZABETH SAVIT 501 NORTH COUNTY CLUB DRIVE ATLANTIS FL 33462 . . 000088 Filing# 36396364 E-Filed 01/11/2016 02:41:09 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000630XXXXSB Division: IZ IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ. PETITION FOR ORDER AUTHORIZING PAYMENT OF ATTORNEY'S 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, the limited guardian of FRANCES BERKOWITZ (the Ward). 3. Petitioner has rendered legal services for the benefit of the Ward, from April 17th, 2015 to January 11th, 2016, as more fully described and set forth in the itemized schedule of services and expenses attached hereto as Exhibit A, for which petitioner has not been paid. 4. Petitioner's records indicate that during the period of time above mentioned in excess of 0.6 attorney hours and 1.3 paralegal hours have been devoted to the representation of the co-guardians of the Ward. 5. Based upon the criteria established by Section 744.108(2) of the Florida Guardianship Law, petitioner believes that a reasonable fee for the services performed by the petitioner during that period of time is: Hourly rate: $ Atty. Hours worked: $ Paralegal rate: $ Paralegal Hrs. worked:$ 350.00 0.6 125.00 1.3 000089 R BOCK, CLERK. 1/11/2016 2:41:09 PM*** ***FILED: PALM BEACH COUNTY, FL SHARON Total fees: Total costs: Total amount of $ $ and Compensation: $375.41. 6. That this attorney's 7. That previous 372.50 2.91 have a reasonable value of 1. and costs have been billed in the amount of $3,318.40. WHEREFORE, Sheri L. Hazeltine, respectfully requests that this Court enter an Order awarding attorney fees and expenses provided on behalf of the Ward and made payable from the guardianship estate. 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. DATED this 11th day of January, 2016. SHERI L. HAZEL TINE & ASSOCIATES, P.A. Sheri L. Hazeltine, Esq. Florida Bar No. 0674567 800 Palm Trail Plaza, Ste. 3 Delray Beach, Florida 33483 (561) Fax (561) 243-6933 2 000090 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of this Petition for Attorney's was sent via E-Service to the following pa11ies and/or persons of interest on this 11th day of January, 2016: Elizabeth Savitt. Sheri L. Hazeltine, Florida Bar No. 0674567 3 000091 SHERI L. HAZELTINE & ASSOCIATES, P.A. Attorney at Law 800 Palm Trail Plaza, Suite 3 Delray Beach, Florida 33483 Phone: 561-243-4655; Fax: 561-243-6933 sheri@hazellinelaw.com Member, National Academy ofElder Law Attorneys; Academy ofFlorida Elder Law Attorneys; Florida Guardianship Association; Palm Beach Guardianship Association; Florida Bar; Law-Related Education Committee, Chair; Florida Bar Association, Elder Law Section; Palm Beach County Bar Association; South Palm Beach County Bar Association; Florida Bar, law-Related Education Committee, Chair; Florida's Voice on Developmental Disabilities, vice-president; Justice Teaching Program. Winner ofthe 2015 Justice Teaching Program Volunteer ofthe Year Award Admitted in Alaska and Florida. Elizabeth Savitt 501 N. Country Club Dr. Atlantis, FL 33462 Case: Case No.: Invoice Date: January 11, 2016 Invoice Number: 12545 Invoice Amount: $375.41 In re Guardianship of Frances Berkowitz 5020 l 4GA000630XXXXSB Attorney Fees 0.6 Hours@ $350/hr.; Paralegal Fees 1.3 Hours@$125/hr. 4/16/2015 4/23/2015 4/24/2015 4/24/2015 4/24/2015 4/25/2015 4/27/2015 4/27/2015 4/27/2015 5/11/2015 7/6/2015 Prepare draft attorney fee petition for attorney review. E-ftle attorney fee petition; Reference # for this filing is 26420171. Prepare e-mail to Mr. Shipe, Esq. asking if he was in agreement with Ms. Hazeltine's attorney fee petition. Receipt and review of Order approving initial guardianship plan and Order approving verified inventory. Prepare e-mail to Ms. Savitt attaching attorney fee petition. Asked if she was in agreement. Receipt and review of e-mail from Mr. Shipe. He is no longer on the case as the initial guardianship plan and verified inventory have been approved. Prepare letter to Judge Gillen; prepare Agreed Order on attorney fee petition. Receipt and review of e-mail from Ms. Savitt. She is in agreement with the attorney fee petition. Review of letter to Judge Gillen and attached agreed Order and petition for attys. fees. Signed and gave to paralegal RP for sending to court. Payment received in the amount of $859.15, check #1062. Receipt and review of letters of limited guardian and order appointing limited guardian from Ms. Savitt. 1 EXHIBIT A 000092 R.B. R.B. .30 .20 No Charge No Charge R.P. .10 No Charge S.L.H. .10 $35.00 R.P. .10 No Charge S.L.H. .to $35.00 R.P. .30 No Charge R.P. .to No Charge S.L.H. .10 No Charge R.P. .10 No Charge R.P. .10 No Charge 7/20/2015 7/20/2015 8/24/2015 8/24/2015 8/24/2015 8/25/2015 8/25/2015 8/25/2015 9/24/2015 9/29/2015 10/13/2015 10/13/2015 11/15/2015 11/25/2015 12/14/2015 12/14/2015 12/14/2015 12/16/2015 SUBTOTAL: Costs 4/27/2015 8/25/2015 SUBTOTAL: Receipt and review of e-mail from Client attaching the final billing for Dean Rosenbach, Esq. on the interpleader case; advising us to keep this billing for the records in guardianship case. Review of email from Client to paralegal R.P. regarding final billing from Mr. Rosenbach, Esq. in the civil case. Review of petition for guardian fees and invoice. Signed and finalized fore-filing. Receipt and review of Ms. Savitt's invoice for Frances Berkowitz. Prepare guardian fee petition for attorney review. Prepare agreed order on guardian fee petition. E-filed petition for guardian fees, ref. # 31261621. Transmit copy to Ms. Savitt via e-mail. Prepare letter to Judge Ticktin enclosing guardian fee petition, agreed order and a self-addressed, stamped envelope. Receipt and review of signed Order authorz.ing guardian fee. Transmit via e-mail to Ms. Savitt. Review of signed Order for guardian fees for Ms. Savitt. File review; prepare draft Annual Guardianship Plan. Prepare e-mail to Client attaching draft Annual Guardianship Plan and Physician's Report. Review of email from Client regarding new due dates for plan and physician's report. Prep of response email. Preparation of Rocket task to paralegal instructing her to relay to Client new due dates, etc. for the annual documents. Receipt and review of signed annual guardianship plan. Gave to attorney for review and signature. Review of completed plan and physician's report. Signed and finalized fore-filing. E-filc annual guardianship plan, ref. #35520258. Transmit copy to Ms. Savitt via e-mail. Receipt and review of notice of delinquency and order setting show cause hearing. This crossed with the annual plan filed on December 14th. R.P. .10 $12.50 S.L.H. .10 No Charge S.L.H. .10 $35.00 R.P. .10 No Charge R.P. R.P. R.P. .30 .20 .20 $37.50 $25.00 No Charge R.P. .20 $25.00 R.P. .10 No Charge S.L.H. R.P. R.P. .10 .50 .10 $35.00 $62.50 No Charge S.L.H. .10 $35.00 S.L.H. . 10 No Charge R.P. .10 No Charge S.L.H. .10 $35.00 R.P. .20 No Charge R.P. .10 No Charge 4.40 $372.50 Postage for mailing documents to Judge Gillen along with a self-addressed, stamped envelope for return of the Order. Postage. $1.38 $1.53 $2.91 TOTAL: $375.41 PREVIOUS BALANCE DUE: $0.00 CURRENT BALANCE DUE AND OWING: $375.41 2 EXHIBIT A 000093 IN THE CIRCUIT COURT, FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA GUARDIANSHIP DIVISION Clerk's Review of Annual Guardianship Plan Pursuant to F.S. 744.3675 & F.S. 744.368 Guardianship of: FRANCES BERKOWITZ UCN: 502014GA000630XXXSB LIMITED Type of Guardianship: Is the ward's social security number on file? NO Guardianship of the Person Only: NO Order to establish any type of trust after inception of guardianship? what type of trust? Is the trust accounting filed? Guardian: Elizabeth Savitt Guardian's Attorney: Sheri L Hazeltine Esq. Date of Audit: January 12, 2016 Date ofETG Letters: 12/4/14 Date of Letters: 117115 Standby Guardian name: Date of Letters of Successor GD: Surrogate Guardian name: acted from to :J>-:;,(f'I c; Date of Order of Standby OD: Date of Order/Letters confirming Standby GD: Date of Order of Surrogate GD:g~i :;--_1 (c) Conforms to all other requirements of the Florida Guardianship Law (F.S. 744.363). c:::;n· ~==r:::• ~,.nC· ~:;:i;· :r~:, It therefore is ~:-m SHERI£. liAZELTINE & ASS()CIATES, P.A. 800Palm Trail, Suite 3 · · · · · · Delray Beach, Florida 33483 Telephone: (561)243'4655 >/If BY:~--BY: .0/1..£1.y.._~~ ELLEN .s. MORRJS, ESQ. ·.· FLORIDA BAR NO,: 850306 . shcii@hazeltinelaw.com . SHERIL, HAZELTINE, ESQ, ' FLORIDA BARNO;: 0674567 Consented to by: ~42~ ELIZABETH SAVITT FILED: PALM BEACH COUNTY, SHARON R. BOCK, CLERK, 01/26/2016 03:02:17 PM 000103 Respectfully submitted, SHERI L. HAZELTINE & ASSOCIATES, P.A. Sheri L. Hazeltine, Esq. sheri@hazeltinelaw.com 800 Palm Trail, Suite 3 Delray Beach, Florida 33483 (561) 243-4655 (office) (561) 243-6933 (fax) ~'cf BY: f-- SHERI L. HAZELTil\J :ESQUIRE Florida Bar No.: 0674567 CERTIFICATE OF SERVICE The undersigned, Sheri L. Hazeltine, Esq., certifies that a copy of this Stipulation of Substitution of Counsel hereof has been furnished on this 26th day of January, 2016 to: Ellen Morris, Esq. and Elizabeth Savitt. By: ~A ,rl Ll- Sheri:Hazeltine, Esq. Florida Bar No. 0674567 2 000104 Filing# 37362096 E-Filed 02/03/2016 01:46:43 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000630XXXXSB Division: IZ IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ. PETITION FOR ORDER AUTHORIZING PAYMENT OF ATTORNEY'S 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, the limited guardian of FRANCES BERKOWITZ (the Ward). 3. Petitioner has rendered legal services for the benefit of the Ward, from January 12th, 20165 to February 2nd, 2016, as more fully described and set forth in the itemized schedule of services and expenses attached hereto as Exhibit A, for which petitioner has not been paid. 4. Petitioner's records indicate that during the period of time above mentioned in excess of 0.2 attorney hours and 0. 7 paralegal hours have been devoted to the representation of the co-guardians of the Ward. 5. Based upon the criteria established by Section 744.108(2) of the Florida Guardianship Law, petitioner believes that a reasonable fee for the services performed by the petitioner during that period of time is: Hourly rate: $ Atty. Hours worked: $ Paralegal rate: $ Paralegal Hrs. worked:$ 350.00 0.2 125.00 0.7 1 000105 FILED: PALM BEACH COUNTY, SHARON R. BOCK, CLERK, 02/03/2016 01:46:43 PM Total fees: Total costs: $ $ 157.50 2.38 Total amount of Fees and Compensation: $159.88. 6. That this attorney's fees have a reasonable value of $159.88. 7. That previous fees and costs have been billed in the amount of$3,693.81. WHEREFORE, Sheri L. Hazeltine, Esq. respectfully requests that this Court enter an Order awarding attorney fees and expenses provided on behalf of the Ward and made payable from the guardianship estate. Under penalties of perjury I declare that I have read the foregoing, and the facts alleged are true to the best of my knowledge;~ belief. DATED this 2ii.d day of February, 2016. SHERI L. HAZELTINE & AS SOCIATES, P.A. By: ~~?L Sheri L. Hazeltine, Esq. Florida Bar No. 0674567 800 Palm Trail Plaza, Ste. 3 Delray Beach, Florida 33483 (561) 243-4655, Fax (561) 243-6933 2 000106 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of this Petition for Attorney's Fees was sent via E-Service to the following parties and/or persons of interest on this '2hd day of February, 2016: Ellen Morris, Esq . ., 3rd d ""! I By: She~~ Florida Bar No. 0674567 3 000107 SHERI L. HAZELTINE & ASSOCIATES, P.A. Attorney at Law 800 Palm Trail Plaza, Suite 3 Delray Beach, Florida 33483 Phone: 561-243-4655; Fax: 561-243-6933 sheri@hazeltinelaw.com Member, National Academy ofElder Law Attorneys; Academy ofFlorida Elder Law Attorneys; Florida Guardianship Association; Palm Beach Guardianship Association; Florida Bar; Law-Related Education Committee, Chair; Florida Bar Association, Elder Law Section; Palm Beach County. Bar Association; South Palm Beach County Bar Association; Florida Bar, Law-Related Education Committee, Chair; Florida's Voice on Developmental Disabilities, vice-president; Justice Teaching Program. Winner ofthe 2015 Justice Teaching Program Volunteer ofthe Year Award Admitted in Alaska and Florida. Elizabeth Savitt 501 N. Country Club Dr. Atlantis, FL 33462 Case: Case No.: Invoice Date: February 02, 2016 Invoice Number: 12589 Invoice Amount: $159.88 In re Guardianship of Frances Berkowitz 502014GA000630XXXXSB Attorney Fees 0.2 Hours@$350/hr.; Paralegal Fees 0.7 Hours@$125/hr. 1/11/2016 1/11/2016 1/13/2016 1/13/2016 1/13/2016 1/13/2016 1/13/2016 1/14/2016 1/14/2016 1/19/2016 1/19/2016 1/25/2016 E-ftle attorney Fee Petition; Reference # for this filing is 3639636. Prepare draft attorney fee petition for attorney review Receipt and review of e-mail from Client stating she is in agreement with Ms. Hazeltine's attorney fee petition. Prepare e-mail to Ms. Savitt attaching attorney fee petition. Asked if she was in agreement so we may prepare an agreed order. Review of petition for guardian fees and costs; signed and fmalized for e-ftling. Prepare letter to Judge Ticktin attaching attorney fee petition, agreed order and a self-addressed, stamped envelope. E-file Guardian fee petition; Reference # for this filing is 36522177. Prepare letter to Judge Ticktin enclosing guardian fee petition, agreed order and self-addressed, stamped envelope. Prepare Agreed Order authorizing guardian fee petition. Receipt and review of Order approving annual guardianship plan. Review of Order approving annual plan. E-ftle notice of withdrawal of counsel, ref. #36946969. 1 EXHIBIT A 000108 R.B. .20 No Charge R.B. R.P. .40 .10 No Charge No Charge R.P. .10 No Charge S.L.H. .10 $35.00 R.P. .30 No Charge R.B. .20 $25.00 R.P. .20 $25.00 R.P. R.P. .20 .10 $25.00 No Charge S.L.H. R.P. .10 .20 $35.00 No Charge 1/25/2016 1/26/2016 1/26/2016 1/26/2016 1/27/2016 1/27/2016 1/27/2016 1/28/2016 Copies transmitted to all parties via e-mail. Prepare notice of withdrawal of counsel. Receipt and review of signed Stipulation. Prepare Agreed Order granting motion to withdraw and substitution of counsel. E-file Stipulation with Court, ref. 37015339. Copies transmitted to Ms. Savitt and Ms. Morris via e-mail. Review of signed order on granting motion to withdraw and substitution of counsel. Receipt and review of signed Agreed Order on stipulation of counsel. Transmit copy to Ms. Savitt. Prepare e-mail to Judge French attaching Stipulation and Agreed Order. Prepare e-mail to Ellen Morris, Esq. attaching Agreed Order for Authorization to Act (Dean Rosenbach) pursuant to Ms. Savitt's request. R.P. R.P. R.P. .20 .10 .20 No Charge No Charge No Charge R.P. .20 No Charge S.L.H. .10 No Charge R.P. .10 No Charge R.P. .20 No Charge R.P. .10 $12.50 3.40 $157.50 Postage for mailing attorney fee petition, order setting hearing, and a selfaddressed, stamped envelope to Judge French's JA. Postage for mailing petition, order and self-addressed, stamped envelope. $1.17 SUBTOTAL: Costs 1/13/2016 1/14/2016 SUBTOTAL: $1.21 $2.38 TOTAL: $159.88 2 EXHIBIT A 000109 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA GUARDIANSHIP DIVISION IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ, Ward. CLERK'S AFFIDAVIT AND APPLICATION FOR THIRD PARTY SUBPOENA . . In compliance with section 744.368, Florida Statutes, the Clerk and Comptroller for Palm Beach County, Division of Inspector General, states: 1. The records and/or documents set forth in Exhibit "A" attached hereto are necessary to audit the guardianship reports in the instant matter 2. [8J On 02/03/16, the Clerk asked the Guardian to submit the records and/or documents by 02/18/16. D The Clerk did not request records and/or documents from the Guardian because he/she was known not to be the holder of the relevant document/record. 3. The Guardian: failed to comply with the Request for Information. was not able to comply because he/she was not the holder of the document/record. D D NIA 4. The noncompliance was D total I D partial [8J N/A. 5. Good cause exists for the production of documents/records for the reasons: [8J The documents/records are necessary to verify the annual accounting or inventory. Page 1 of3 000110 ~ ~ The documents/records are necessary to trace the Ward's assets. The documents/records are necessary to review fees charged to the guardianship. D D 6. The Clerk's Inspector General ~ will I will not issue a non-party subpoena duces tecum pursuant to section 744.368(7), Florida Statutes. 7. The Clerk's Inspector General hereby requests: D ~ the Court order the Guardian to produce the records and documents within a specific period unless the Guardian shows good cause. NIA The Clerk and Comptroller for Palm Beach County, Division of Inspector General, affirms this Affidavit to be true and correct to the best of his or her knowledge and belief at West Palm Beach, FL, this _,0=3_ _day of February , 2016. SHARON R. BOCK CLERK OF THE CIRCUIT COURT PALM BEACH COUNTY, FLORIDA O~·-· By:._ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ANTHONY PALMIERI Deputy Clerk & Senior Internal Auditor Division of Inspector General Clerk & Comptroller Palm Beach County STA TE OF FLORIDA COUNTY OF PALM BEACH Sworn to (or affirmed) and subscribed before me this _3_day of February I 2016 by --=R=o"-Eg>=e=-r. ._T"""rc=a_ _ _ _ _ ___,, who is personally known to me. SHARON R. BOCK Page 2 of3 000111 ... ·: Addendum "A" All SunTrust Bctnk, Inc. Ban_k Acc:ount Statements, with<:frawal slips, bank transfers, and wire transfers for the Gua,rdian, Elizab~th Savitt ($avitt Cµardians) and tbe Ward, Frances Berkowitz (Guardianship of Frances Berkowitz) from the inception, on or about December 4, 2014, of the account to most current statement period. · ·,. - '}-. ' .·-~ Page3-of3 ,.. 000112 February 3, 2016 Elder Law Associates, PA Ellen Sue Morris, Esq. 7284 W Pahnetto Park Rd, Suite 101 Boca Raton, FL 33433-3406 SHARON R. BOCK Oerk & Comptroller Palm Beach County ia email: emorris@elderlawassociates.com Guardianship of Frances Berkowitz Case File No.: 2014GA000630 Request for Information V>-,,(/) ......... O)>:c ..,. c,l> x:t.:o ,..,, ,:-1C'O~ -.r•"l""- - •• Guardianship Matters to be Audited by Oer~~d Eomptroller, r1m1n1c::t-r.ative Order No. 6.306, in fulfillment of Florida Statute 744.368, erein, the Oerk & Comptroller will perform a Level 2 audit of the uardianship of Frances Berkowitz (2014GA000630). lease find the attached addendum with requested documents. The ocuments are necessary to complete the review. The review will examine d attempt to verify selected significant items pertinent to guardianship eports. If requested, a statement from the guardian answering the questions ould be made within an affidavit and should include a statement of truth d an attestation clause. Please ensure the affidavit is notarized. Division of Inspector General Public Integrity Unit 301 North Olive Avenue 9th Floor West Palm Beach, FL 33401 Phone: 561-355-6782 Fax: 561-355-7050 he affidavit should be submitted and all documents should be made vailable for ins ection review and du lication at 301 North Olive venue 91h Floor West Palm Beach Florida within 10 workin da s from he date of this letter. contact me at (561) 355-6782 or via email at palrnieri@mypalmbeachclerk.com to arrange a convenience date and time or you have any questions. Guardianship Fraud Hotline: 561-355-FRAUD set a Show Cause Hearin to hear wh sanctions should not be fraud®mypalmbeachclerk.com www.mypilmbeachcerk.com/fraud 000113 . ,_ ·• There may be subsequent requests. cooperation. Guardianship of Frances Berkowitz 2014GA000630 Thank you in advance for your asffistance and Sincerely, o~~· Anthony Pahnieri Attachment cc: Court File: 2014GA000630 Clerk & Comptroller Office - Division of Inspector General 000114 Page2 Guardianship of Frances Berkowitz 2014GA000630 Request for Information Please provide all supporting documents for the following items. Alternatively, if the guardian would like the Oerk & Comptroller's office to sort through the guardian's case file and make copies of supporting documents, please make pick up arrangements with the Oerk's IG. Upon the completion of the sorting and copying task, the Clerk's IG will return the original documents to the guardian. # 1 Description of Support Document A copy of all available bank statements containing all of the ward's assets from December 4, 2014 until the most period. There may be subsequent requests for information. Clerk & Comptroller Office - Division of Inspector General 000115 Page3 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA PROBA TE DIVISION IZ CASE NO. 502014GA000630XXXSB INRE: FRANCES BERKOWITZ, ~ <.f'.-0~ - - - - - - - - - - - - - - - - - - - -I ORDER OF RECUSAL AND REASSIGNMENT ..-n ~~v. ~~~ ~ d> .,., ~7~ 0 <>%~ ~.;~~~\ -;_ ~~7-- The above-captioned case is presently pending in Division IZ of the PRO BATE ~ l~n~ <"--n~ presided over by JESSICA TICKTIN. The presiding Judge hereby sua sponte recuses ~elf from the above-styled cause. This case is referred to the Clerk of the Circuit Court for reassignment to a judge in the PROBATE Division at the North County Courthouse. All parties shall be notified by the Clerk of said reassignment. DONE AND ORDERED in Chambers, at Delray Beach, Palm Beach County, Florida, this 1 day of February, 2016. JESSICA TICKTIN Circuit Judge Copies furnished to: Sheri L. Hazeltine, Esquire, 800 Palm Trail Plaza, Suite 3, Delray Beach, Florida 33483 sheri@hazeltinelaw.com Ellen S. Morris, Esquire, 7284 W Palmetto Park Road, Suite 101, Boca Raton, FL 33433 emorris@elderlawassociates.com lrubin(a),elderlawassociates.com Page 1of1 000116 -., THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE ID: DIVISION: 50-2014-GA-000630-XXXX-NB IJ: North Branch Probate - IJ (Civil) FRANCES BERKOWITZ CLERK'S NOTICE OF DIVISION REASSIGNMENT Pursuant to directions of the Court, please take notice that the within cause of action has been reassigned from Division IZ to Division IJ: North Branch Probate - IJ (Civil). The Honorable HOWARD K COATES is presently presiding within said division. All papers or pleadings subsequently filed must contain the case number and division assignment as appears in the above caption. WITNESS my hand and seal on 02/11/2016. Sharon R. Bock Clerk & Comptroller ~\>~ (J By: Paige, Sheri as Deputy Clerk cc: SHERI L HAZELTINE ESQ. ELLEN MORRIS ESQ. ELIZABETH SAVITT FILED: PALM BEACH COUNTY, FL SHARON RBOCK, CLERK. 02/11/2016 11:08:06 AM 000117 Filing# 37788250 E-Filed 02/13/2016 07:09:15 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000630XXXXNB Division: IZ IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ PETITION FOR REMOVAL OF GUARDIAN, ELIZABETH SAVITT, BASED ON WASTING, EMBEZZLEMENT AND/OR MISMANAGEMENT OF WARD'S PROPERTY Petitioners, DONNA GREENSPAN SOLOMON and WILLIAM WEBSTER MILLSAPS, pursuant to section 744.474, Florida Statutes, and Florida Probate Rule 5.660, hereby petition the Court for the removal of ELIZABETH SAVITT as the guardian of the person and property of FRANCES BERKOWITZ, and in support thereof state as follows: PARTIES 1. At all times material hereto, Petitioner Donna Greenspan Solomon ("Solomon") was and is a resident of Palm Beach County, Florida. 2. At all times material hereto, Solomon was and is an attorney and active member of The Florida Bar with authority to practice law in the State of Florida. Solomon is one of two attorneys Certified by the Florida Bar as both Business Litigation Expert and Appellate Specialist. Solomon is the principal of Donna Greenspan Solomon, P.A. d/b/a Solomon Appeals, Mediation & Arbitration, a Florida Professional Association. 3. At all times material hereto, Petitioner William Webster Millsaps ("Millsaps") was and is a resident of Palm Beach County, Florida. 4. At all times material hereto, Millsaps was and is an attorney and active member of The Florida Bar with authority to practice law in the State of Florida. Millsaps is Certified by 000118 FILED: PALM BEACH COUNTY, SHARON R. BOCK, CLERK, 02/13/2016 07:09:15 PM The Florida Bar as a Health Care Specialist. Millsaps is the principal of Web Millsaps Law, PL ("Millsaps PL"), a Florida Limited Liability Company. 5. Pursuant to section 731.201, Florida Statutes, Solomon and Millsaps are "interested persons" who may reasonably be expected to be affected by the outcome of the instant Petition. 6. At all times material hereto, Respondent Elizabeth Savitt ("Savitt") was and is a resident of Palm Beach County, Florida. On December 4, 2015, Savitt was appointed the emergency temporary guardian of the ward, Frances Berkowitz ("Mrs. Berkowitz"). On January 7, 2015, Savitt was appointed the limited guardian of Mrs. Berkowitz. JURISDICTION AND VENUE 7. The amount in controversy exceeds $15,000.00, excluding interest, costs and attorney's fees. 8. Venue in this action is proper in Palm Beach County, Florida. INTRODUCTION 9. In 2013 and 2014, Millsaps and Solomon represented Mrs. Berkowitz and her late husband, Jerry Berkowitz (together, the "Berkowitzes"). A wide-ranging fraud had depleted the Berkowitzes of their entire life savings of over $1.2 million. During the course of heavilycontested litigation, Millsaps and Solomon recovered over $835 thousand from the fraudster for the benefit of their clients. 10. In late 2014, Millsaps and Solomon became concerned that Mrs. Berkowitz was suffering from diminished capacity and/or the undue influence of her caregivers. It appeared that significant additional recoveries were being put at risk. As a result, Millsaps and Solomon petitioned for the appointment of a professional guardian for Mrs. Berkowitz. 2 000119 11. Unfortunately, the guardian appointed by the Court was Elizabeth ("Betsy") 12. Savitt has wasted, embezzled, and/or mismanaged the property of the ward, Mrs. Savitt. Berkowitz. Savitt has failed to account for or attempt to locate funds in excess of $400K that should have been remaining in Mrs. Berkowitz's accounts when Savitt took possession of such accounts. 13. Further, Savitt misused her authority as Guardian to settle Mrs. Berkowitz's pending litigation on terms that no reasonable Guardian familiar with the allegations would have done. The terms were grossly negligent and extremely unfavorable to Mrs. Berkowitz. Due to Savitt, Mrs. Berkowitz is forever barred from seeking the very same significant additional recoveries that caused Millsaps and Solomon to petition for the appointment of a professional guardian in the first place. Moreover, Savitt is using Mrs. Berkowitz's remaining funds to file unnecessary litigation that serves no purpose but to line the pockets of Savitt and her attorneys. 14. Savitt should never have been appointed as Guardian of Mrs. Berkowitz. The Guardianship was initially assigned to Judge Colin but, without explanation, a different judge immediately appointed Judge Colin's wife, Savitt, as Guardian. Notably, the Petition for Emergency Guardianship showed on its face that Mrs. Berkowitz had substantial assets. 15. Judge Colin was recently removed from the probate division in the wake of The Palm Beach Post's investigation into the role of Judge Colin and Savitt in the guardianships of incapacitated seniors. 16. Savitt should likewise be removed as Guardian of Mrs. Berkowitz. Savitt should not be allowed to profit from a Guardianship that she should never have been assigned to in the first place. 3 000120 MATERIAL FACTS 17. In early 2013, Sheryl L. Taylor ("Taylor") contacted Millsaps seeking legal representation for the Berkowitzes. Upon meeting with the Berkowitzes separately, the Berkowitzes told Millsaps that Taylor's former employer had misappropriated virtually their entire life savings. Taylor corroborated the Berkowitzes' allegations, explaining that the Berkowitzes, an elderly couple, had indeed been victimized by Taylor's former employer, Prestigious Lifecare for Seniors LLC f/k/a PL Firm, LLC ("PL Firm") and its owner Princella Lewis ("Lewis"). Taylor advised that Lewis and the PL Firm had misappropriated significant amounts of the Berkowitzes' money through various means, including convincing the Berkowitzes to sign powers of attorney that gave Lewis unfettered access to their funds. Taylor advised that the Berkowitzes requested their money be returned to them. Mrs. Berkowitz alleged that Lewis had scared and threatened her and told her she would never return the money. Taylor and other witnesses corroborated these allegations, stating that Lewis had boasted she was keeping the Berkowitzes' money and would not return it. 18. At this time, Mr. Berkowitz was living m a nursmg home, Manor Care of Boynton Beach ("Manor Care"). Mrs. Berkowitz was then living in an assisted living facility ("ALF") in Lake Worth. Subsequently, Mrs. Berkowitz moved into a different ALF in Boynton Beach, closer to Manor Care and her husband. Mr. Berkowitz died the following summer, and shortly thereafter, Mrs. Berkowitz moved from the ALF to live with Taylor and her husband, Michel Telson ("Telson") in their home. 19. Taylor and Mrs. Berkowitz stated that Lewis had threatened Mrs. Berkowitz in early 2013. In particular, Lewis threatened that she would claim that the Berkowitzes lacked mental capacity and then use the "Designation of Healthcare Surrogate" that she had obtained to 4 000121 run the Berkowitzes' affairs and keep all of their money. According to Mrs. Berkowitz and Taylor, Lewis was malicious and gleeful, boasting directly to Mrs. Berkowitz and to Taylor that there was nothing Mrs. Berkowitz could do to stop Lewis from absconding with the money. Accordingly, as a matter of due caution, Millsaps arranged for a clinical and forensic psychologist to examine the Berkowitzes and evaluate their capacity to assure that when the Berkowitzes signed new legal documents (such as revocations of the powers of attorney that had been granted to Lewis) there would be a concurrent record that the Berkowitzes had capacity. 20. On or about May 2013, the psychologist reported his findings to Millsaps as follows: I found Mrs. Berkowitz to be completely capacitated but somewhat angry and depressed at being taken advantage of by someone [Lewis] whom she thought was a friend .... My impression of [Mr. Berkowitz] was that he had decisional capacity despite his advanced illness .... 21. After being retained by the Berkowitzes, Millsaps engaged Solomon and Solomon Appeals, Mediation & Arbitration to assist and act as co-counsel in connection with prosecuting the lawsuit captioned Jerry Berkowitz and Frances Berkowitz, vs. Princella Lewis, Prestigious Lifecare For Seniors, LLC f/k/a PL Firm, LLC, and Glenn Ricardo Miller, Case No. 50-2013CA-005491-:XXXX-MB-AJ, Fifteenth Judicial Circuit, Palm Beach County, Florida (hereinafter, the "Fraud Action"). 22. In the course of close to two years of litigation and highly contested discovery, Millsaps and Solomon discovered evidence to support the following facts which they asserted in a Second Amended Complaint on behalf of their client: A. When the Berkowitzes met Lewis in June 2012, they were an elderly, childless couple with no close living friends or relatives. They were frightened by Jerry Berkowitz's failing health. Mr. Berkowitz had been diagnosed with cancer and 5 000122 hospitalized at Delray Medical Center, where he was subsequently transferred to Manor Care. Manor Care referred the Berkowitzes to Lewis and PL Firm for a consultation about potentially qualifying Mr. Berkowitz for Medicaid benefits. B. As a senior citizen of more than sixty-five (65) years, Jerry Berkowitz already had Medicare coverage in effect in June of 2012. Moreover, Mr. Berkowitz was not eligible for Medicaid. C. Nevertheless, Lewis told the Berkowitzes, who were in a particularly vulnerable state, that Mr. Berkowitz would not receive necessary healthcare services unless the Berkowitzes applied for Medicaid. Further, Lewis told the Berkowitzes that they could "protect" their life savings of $1.2 million, but only if they did as Lewis directed in applying for Medicaid. D. On or about July 3, 2012, Lewis had the Berkowitzes sign a contract with PL Firm for "Medicaid Planning," "Asset Protection Planning," and "Monthly Care Management." For the "Medicaid Application" portion of the contracted services, PL Firm charged the Berkowitzes $55,000, which Lewis falsely represented was the "going rate" for the preparation of a Medicaid Application. E. On July 19, 2012, Lewis met privately with attorney Glenn Ricardo Miller ("Miller") in his Miami-Dade office. They discussed the Berkowitzes' financial situation and agreed that Lewis would bring Mrs. Berkowitz to Miller's office a few days later. In the meantime, Miller would prepare a Durable Power of Attorney for each of Mr. Berkowitz and Mrs. Berkowitz to execute and sign over financial control of their money to PL Firm and Lewis. F. On July 24, 2012, Lewis told Mrs. Berkowitz that she must consolidate all of her 6 000123 money, which until that date had been intentionally deposited in four (4) different banks. By insisting that the Berkowitzes consolidate their accounts into a single bank, Lewis contradicted the Berkowitzes' longstanding plan of diversification to avoid default risk. G. Also on July 24, 2012, a PL Firm employee transported Mrs. Berkowitz (who does not drive) around Palm Beach County to three (3) of the four (4) different banks where the Berkowitzes held accounts, specifically: Chase, PNC, and SunTrust. The Berkowitzes' funds in Chase and PNC were held almost exclusively in CDs. H. First, the PL Firm employee drove Mrs. Berkowitz to Chase. The PL Firm employee escorted her inside, where PL Firm expressly required her to close her accounts without regard to the cost of any penalty for prematurely cashing her CDs. I. Next, Mrs. Berkowitz was driven to PNC. The same process was followed: "Tell the bank you need to close all your bank accounts because you need to be strong for Mr. Berkowitz." J. Then, PL Firm brought Mrs. Berkowitz to SunTrust, where PL Firm instructed Mrs. Berkowitz to consolidate all of the withdrawn money into her SunTrust account. Mrs. Berkowitz did as she was told and deposited into SunTrust the funds that had been "liquidated" at Chase and PNC earlier that day. K. Second, Mrs. Berkowitz was told to obtain a cashier's check from SunTrust payable directly to the "PL Firm" in the amount of $55,000. PL Firm told Mrs. Berkowitz that this $55,000 was the fee for the "Medicaid Application" that PL 7 000124 Firm was preparing for Mr. Berkowitz. Mrs. Berkowitz did as she was told and obtained a $55,000 cashier's check from SunTrust, made payable to PL Firm. L. After what had already been a long day of driving around Palm Beach County from bank to bank, Mrs. Berkowitz was driven by Lewis and the PL Firm down to Miami to meet with attorney Miller in his office. Mrs. Berkowitz was told that Miller had prepared legal documents that Mrs. Berkowitz needed to sign in order to help her husband get medical care under Medicaid. M. When Mrs. Berkowitz arrived, Miller had already prepared two (2) documents, a "Durable Power of Attorney" and a "Designation of Healthcare Surrogate," printed and ready for Mrs. Berkowitz to sign. Miller instructed Mrs. Berkowitz to execute the documents making PL Firm and Lewis her "agent" under the Power of Attorney. N. The Durable Power of Attorney that Miller had Mrs. Berkowitz sign on July 24, 2012 gave immediate, blanket authority to PL Firm and Lewis over Mrs. Berkowitz's financial assets. Miller billed Mrs. Berkowitz for legal fees and advised Mrs. Berkowitz that he was acting as her attorney. However, Miller never met alone with Mrs. Berkowitz, but only in the presence of Lewis and PL Firm and its agents after first meeting alone with Lewis to take direction regarding his engagement. 0. Miller never gave Mrs. Berkowitz either the originals or copies of the Durable Power of Attorney or the Healthcare Surrogate Designation that he had prepared in advance and had Mrs. Berkowitz execute on July 24, 2012. Instead, Miller had Mrs. Berkowitz's original documents hand-delivered to Lewis. 8 000125 P. Once Lewis received Mrs. Berkowitz's original Durable Power of Attorney and Designation of Healthcare Surrogate documents from Miller, Lewis withheld both the originals and copies of the documents from Mrs. Berkowitz. In fact, Lewis failed and refused to release the documents until Millsaps subpoenaed same and PL Firm produced them to Millsaps on June 21, 2013 - almost eleven (11) months after Lewis and Miller had Mrs. Berkowitz execute the documents in favor of PL Firm and Lewis. Q. On July 27, 2012, three (3) days after Miller had Mrs. Berkowitz execute the Durable Power of Attorney and Designation of Healthcare Surrogate documents giving immediate power and control over money and healthcare decisions to Lewis and PL Firm, Miller travelled from Miami-Dade County to Manor Care in Palm Beach County to have Mr. Berkowitz execute similar legal documents preprepared by Miller. Miller never spoke with Mr. Berkowitz prior to arriving at his bedside at Manor Care. When Miller arrived, he instructed Mr. Berkowitz to execute the pre-prepared Durable Power of Attorney and Designation of Health Care Surrogate documents giving immediate control of his financial and healthcare decisions to Lewis and PL Firm. R. On August 3, 2012, Lewis met with a representative of New York Community Bank d/b/a AmTrust Bank ("NYCB" or "AmTrust") seeking to open a "trust account" for PL Firm. S. Lewis's purpose in opening a "trust account" was to assist her in fraudulently convincing the Berkowitzes that money transferred to the PL Firm's "trust account" would be held "in trust" for the benefit and care of the Berkowitzes. 9 000126 T. NYCB has two types of "trust accounts": (i) an Interest on Lawyer's Trust Account ("IOLTA account"), which is appropriate only for attorneys and their law firms; and (ii) a non-IOLTA "trust under agreement account," in which case a trust agreement is required before the account is opened. U. Lewis and PL Firm never entered into a written trust agreement with the Berkowitzes and therefore could not have provided same to NYCB as required to open a non-IOLTA "trust under agreement account." V. Since Lewis is not an attorney and PL Firm is not a law firm, it should likewise not have been able to open an IOLTA Account for PL Firm. W. Thus, Lewis and PL Firm should not have been able to open a "trust account" that could be used to fraudulently convince the Berkowitzes that their funds were being held in "trust." X. However, NYCB violated its own policies and procedures by opening an IOLTA Account for PL Firm, despite the fact that Lewis is not an attorney and PL Firm is not a law firm. Y. By wrongfully opening an IOLTA account for a non-attorney such as Lewis, NYCB skirted its own policies and procedures of requiring and reviewing a trust agreement before opening a trust account for a non-lawyer. Z. Lewis and PL Firm opened the IOLTA account (hereinafter, the "321 Account") in the name of "PL Firm Trust" on August 3, 2012 with $20,000 of the $55,000 SunTrust cashier's check previously made payable to PL Firm by Mrs. Berkowitz for the illegal "Medicaid Application." Also on August 3, 2012, Lewis and PL Firm opened a commercial business account (the "311 Account") with the 10 000127 remaining $35,000 of the $55,000 cashier's check. AA. By wrongfully opening the 321 Account as an IOLTA account in the name of"PL Firm Trust," NYCB provided Lewis and PL Firm with both a means for defrauding the Berkowitzes and a receptacle for depositing and laundering the funds fraudulently obtained. BB. Lewis used the newly-opened 321 Account to convince the Berkowitzes that funds transferred to the "PL Firm Trust" would be held "in trust" for their benefit and use. Lewis insisted that the Berkowitzes needed to "protect" their life savings and get Mr. Berkowitz his necessary health care services by transferring their funds to this purported "trust" account. CC. On August 30, 2012, Lewis took Mrs. Berkowitz to BB&T bank - the one bank that PL Firm had not previously taken Mrs. Berkowitz to on June 24, 2012, when PL Firm drove her to her three other banks before transporting Mrs. Berkowitz to attorney Miller in Miami. DD. Lewis instructed Mrs. Berkowitz to write a check from her BB&T bank account payable to "The PL Firm Trust" in the amount of $17,000. Further, Lewis directed Mrs. Berkowitz to liquidate all her BB&T CDs, regardless of the penalties for early withdrawal. Lewis instructed Mrs. Berkowitz to utilize the proceeds from the liquidated CDs to obtain three (3) BB&T cashier's checks payable to "The PL Firm Trust" in the amounts of $55,999.67, $58,325.36 and (another) $58,325.36. EE. Also on August 30, 2012, Lewis and agents of PL Firm drove Mrs. Berkowitz back to SunTrust, where the funds liquidated at Chase and PNC had earlier been 11 000128 deposited. The Berkowitzes also had approximately 130 U.S. Government Series EE Savings Bonds ("Government Bonds") in their safety deposit box at SunTrust. The Government Bonds had been accumulating tax-deferred interest for decades, and cashing them all in at once would trigger a substantial income tax liability. Nevertheless, Lewis told Mrs. Berkowitz that she must cash in all of the Government Bonds. Mrs. Berkowitz, who had held the bonds for up to 30 years, vigorously and repeatedly stated that she did not want to cash in the Bonds. FF. Lewis responded that she alone had legal authority over Mrs. Berkowitz's finances due to the Power of Attorney prepared by Miller, and demanded that Mrs. Berkowitz cash in all of the Government Bonds. GG. The Government Bonds had a cash value of at least $450,000. Of this total amount, approximately $320,000 was taxable interest income, which was triggered by the redemption of the Bonds. Cashing in all of the Government Bonds on this date in 2012 caused an additional federal income tax liability for the Berkowitzes in the approximate amount of $82,000. HH. It took several days for SunTrust to liquidate the Government Bonds through the U.S. Treasury. On September 14, 2012, after all of the Government Bonds had been cashed and the proceeds deposited into the Berkowitzes' SunTrust account, Lewis went to SunTrust alone and emptied out virtually all of the Berkowitzes' remaining funds at SunTrust. Using the Powers of Attorney that Miller had the Berkowitzes execute in favor of PL Firm, Lewis converted the Berkowitzes' money into two (2) cashier's checks payable to "The PL Firm Trust" in the amounts of $500,000.00 and $514,473.08. 12 000129 II. On September 11 and 17, 2012, PL Firm deposited approximately $1,204,123.47 of the Berkowitzes' converted funds - all payable to "The PL Firm Trust" into the AmTrust 321 Account, as follows: Date 09/11/12 BB&T BB&T $17,000.00 $55,999.67 $58,325.36 $58,325.36 Subtotal $ 189,650.39 $514,473.08 $500,000.00 Subtotal $1,014,473.08 $1,204,123.47 BB&T BB&T 09/17/12 SunTrust SunTrust Total JJ. Amount Source Thus, between August 3, 2012 and September 17, 2012, PL Firm deposited $1,224,123.47 (the initial deposit of $20,000 plus $1,204.123.47 as per above) of the Berkowitzes' money into the 321 Account and $35,000.00 of the Berkowitzes' money into the 311 Account, for a total of $1,259,123.47. KK. PL Firm then used the Berkowitzes' money in the 321 Account to pay itself for services purportedly provided to the Berkowitzes. By paying itself for such alleged services, PL Firm violated Florida law, which has strict criteria that an "agent" under a power of attorney is not permitted to pay itself fees for non-agent duties, unless the power of attorney specifically authorizes such payments and, even with such express authorization, only if the agent is acting strictly and solely in the interest of the beneficiary. LL. Lewis and PL Firm did not use the money in the 321 Account for the benefit of the Berkowitzes. As just one example, on September 17, 2012 - three (3) days after emptying out the SunTrust account - PL Firm wrote a check to itself from the 321 Account in the amount of $56,000 for "auto reimbursement 9/12 care 13 000130 management." However, the funds were actually used to purchase a 2013 Mercedes Benz, registered to "Princella Lewis," which was never used to transport or for the benefit of the Berkowitzes. MM. In a letter dated October 22, 2012, The Florida Bar Foundation advised Lewis that she had not provided the "Notice to Bar Foundation" form required for IOLTA accounts. In a letter dated November 6, 2012 to The Florida Bar Foundation, Lewis stated: "[O]ur agency is not practicing law neither is it the intention of our agency to assume we are practicing law. We are a Senior Care Consulting Agency." Lewis further stated: "In regards to the IOTA [sic] account opened, it was the recommendations of the representative at Amtrust Bank to title the account in such manner." NN. On or about December 4, 2012, Lewis faxed a copy of The Florida Bar Foundation letter and her response to same to her NYCB account representative. 00. In December 2012, after realizing that Account 321 had been improperly opened as an IOLTA account for a nonlawyer, NYCB simply "re-titled" the IOLTA trust account as a non-trust commercial "Business" interest-bearing checking account. PP. Despite the fact that trust accounts for nonlawyers can only be properly opened as non-IOLTA "trust under agreement" accounts, NYCB never investigated whether there was in fact a written trust agreement to cover the deposits that had been made with checks payable to "PL Firm Trust Account." QQ. Despite the fact that checks payable to "PL Firm Trust Account" had been deposited into an IOLTA account improperly opened by NYCB for a nonlawyer, NYCB never considered the interests of or attempted to contact the beneficial 14 000131 owners of the funds that had been deposited "in trust." RR. Despite the fact that over $1.2 million in checks payable to the "PL Firm Trust Account" had been deposited into the 321 Account due to NYCB's error in opening an IOLTA account for a nonlawyer, NYCB simply converted the 321 Account from an IOLTA trust account to a commercial business checking account, whereby PL Firm became the apparent beneficial as well as legal owner of the account. SS. NYCB never attempted to inform the beneficial owners of the funds that had been deposited "in trust" that their funds were now sitting in a commercial business checking account. TT. Upon learning that PL Firm was not a law firm and its principals were not attorneys, NYCB did not investigate and did not learn that no written trust agreement existed to cover the deposits that had been made with checks payable to "PL Firm Trust Account," and thus did not thereupon close the 321 Account, and freeze or implead PL Firm's assets (until Mrs. Berkowitz filed suit, as discussed below). UU. Since September 14, 2012, when the PL Firm took the Berkowitzes' money from SunTrust, Mrs. Berkowitz repeatedly insisted on knowing the location of her money and to see statements and documentation regarding the funds. PL Firm refused all such requests. PL Firm and Lewis refused to provide the Berkowitzes with any statements, receipts, or accounting of what had happened to the Berkowitzes' money. VV. Eventually, after months of the Berkowitzes' repeatedly requesting information 15 000132 regarding their money, Lewis told Mrs. Berkowitz directly that she was "never" returning her money. Lewis told Mrs. Berkowitz that Mr. Berkowitz was going to die soon and that when Mr. Berkowitz passed away, there would be nothing that Mrs. Berkowitz could do whatsoever to obtain the return of the money. WW. Lewis also told Mrs. Berkowitz that she had the legal authority to put Mrs. Berkowitz in a mental hospital and that if Mrs. Berkowitz persisted in regard to requesting statements of the funds or having the money returned, Lewis would have Mrs. Berkowitz "declared incapacitated" and institutionalized. 23. The Berkowitzes subsequently retained attorney Millsaps, who engaged Solomon, and demanded a return of the Berkowitzes' funds. Lewis refused to return the money, citing a series of improper excuses and justifications. 24. Eventually, after the Berkowitzes, through Millsaps and Solomon, initiated the Fraud Action and moved for emergency injunctive relief, the PL Firm stated, through its thencounsel, Ruby Seymour-Barr ("Barr"), that hundreds of thousands of dollars of the Berkowitzes' money had been taken by PL Firm for undefined, unauthorized, and unaccounted-for "services" allegedly performed by PL Firm for the Berkowitzes, but that $750,000 remained unspent. 25. Through the efforts of Millsaps and Solomon, and at the behest of the Court, PL Firm finally returned the $750,000 admittedly belonging to the Berkowitzes through a check drawn on the 321 Account. However, Lewis refused to return the remaining funds (over $544,000) or to provide a full explanation for what had happened to the missing money. In lieu of providing a response, Lewis attempted to justify keeping the remaining money by arguing it was compensation for services provided by the PL firm. 16 000133 26. After extensive and contested discovery efforts, on or about June 21, 2013, during a deposition, Lewis stated her belief that she and PL Firm owed the Berkowitzes an additional amount of $85,148.92, which they paid in two checks ($84,675.84 + $473.08) during the deposition. However, Lewis again refused to return the remainder of the Berkowitz's funds or to give an explanation for what had happened to the remainder of the missing money. 27. Lewis also complicated the record and accounting efforts by stating that funds from other PL Firm "clients" had been commingled with the Berkowitzes' funds deposited into the 321 Account, but that the PL Firm had kept no records or receipts of amounts collected from the Berkowitzes (or from the other "clients") nor had they provided records or statements to the Berkowitzes for amounts charged to the Berkowitzes for alleged "services" provided by PL Firm and Lewis. 28. Mr. Berkowitz died on July 10, 2013; Mrs. Berkowitz subsequently appeared in the Fraud action on behalf of both herself and as the court-appointed personal representative of Mr. Berkowitz's estate. 29. During a continued deposition of Lewis, as the PL Firm's corporate representative on November 15, 2013, PL Firm admitted to possessing an additional $289,650.39 of Mrs. Berkowitz's funds. In connection therewith, on November 21, 2013, Ms. Lewis' attorney Ms. Bar emailed: "I expect to have a check out to your office by early next week." 30. However, instead of the promised check, on December 11, 2013, a new attorney, Bruce Rosenwater, appeared in the Fraud Action and took over the representation of Lewis and PL Firm. Despite demand, PL Firm did not tender the additional amount of $289,650.39 that Ms. Lewis had admitted belonged to Mrs. Berkowitz. 17 000134 31. PL Firm and Lewis subsequently produced in discovery a "Summary of Bank Statement Activity," a copy of which is annexed hereto as "Exhibit 1." According to the "Summary of Bank Statement Activity," the 321 Account had a balance of $326,433 as of December 31, 2013, and $312,244 of this amount admittedly belonged to Mrs. Berkowitz. In addition, Lewis did not dispute that the $35,000 plus interest in the 311 Account belonged entirely to Mrs. Berkowitz. 32. Despite demand, PL Firm and Lewis did not tender the amount of $347,244 ($312,244 plus $35,000), although they did not dispute that at least that amount was due and owing to the Berkowitzes. 33. Meanwhile, on November 22, 2013, Mrs. Berkowitz filed a complaint against NYCB alleging various counts including negligence ("Negligence Action"). On January 16, 2014, NYCB filed a Complaint in Interpleader against the Berkowitzes and PL Firm (hereinafter, the "lnterpleader Action") with respect to the funds held in the 321 Account and the 311 Account. 34. Millsaps and Solomon represented Mrs. Berkowitz in the Negligence Action and lnterpleader Action as well as the Fraud Action (collectively, the "Underlying Actions"). 35. In its complaint in the lnterpleader Action, NYCB acknowledged that $1,259,123.47 of the Berkowitzes' funds had been deposited into the 321 Account and $35,000 into the 311 Account. However, NYCB took the position that only $268,544.50 of the funds remaining in the combined 321 and 311 Accounts belonged to Mrs. Berkowitz - far less than the $347,244 already conceded by Lewis and PL Firm (and far less than was actually still due to Mrs. Berkowitz). According to NYCB, "$92,916.93 [was] deposited for the benefit of PL clients other than Mrs. Berkowitz." 18 000135 36. Throughout the course of Millsaps' and Solomon's representation in the Underlying Actions, Mrs. Berkowitz consistently made known both verbally and in writing that her goal was not solely to recover her own funds wrongfully taken by Lewis, but also to "stop Lewis" from being "able to do this to other people." Mrs. Berkowitz specifically wanted to to "stop Lewis" to honor her late husband, Mr. Berkowitz, who had testified from his hospice bed on July 3, 2013 - one week before he died-as follows: Q. So you are very angry with Princella Lewis? A. Right. Q. Why are you angry? A. How can you rob two sick old people out of their life savings? And most of the things she was saying was all a lie. 37. Pursuant to Mrs. Berkowitz's wishes and instructions, Millsaps retained private investigators who assisted Millsaps and Solomon in uncovering additional victims of the widespread fraud perpetrated by Lewis and PL Firm. 38. On June 27, 2014, Mrs. Berkowitz filed an Amended Complaint in the Negligence Action. Solomon thereafter informed NYCB's counsel, Joshua Mize, that Mrs. Berkowitz would be filing a motion to file a Second Amended Complaint. Pursuant to agreement of counsel, on July 11, 2014, NYCB filed a motion for extension of time to respond to the Amended Complaint until after disposition of Mrs. Berkowitz's motion to file a Second Amended Complaint. 39. On October 23, 2014, the State of Florida, Agency for Health Care Administration, presented a Statement of Claim to Mrs. Berkowitz, as the Personal Representative to the Estate of Mr. Jerry Berkowitz, to repay to the State of Florida, $33,751.38 paid on behalf of Mr. Berkowitz by the Medicaid program. 19 000136 40. On November 6, 2014, a Second Amended Complaint was deemed filed in the Fraud Action, pursuant to an Order entered that day granting Mrs. Berkowitz's October 31, 2014 amended motion to file second amended complaint. 41. On December 3, 2014, Millsaps filed a Petition for Appointment of Emergency Temporary Guardian for Mrs. Berkowitz ("Petition"). Millsaps explained that Lewis had filed a lawsuit against Taylor and Telson, in whose home Mrs. Berkowitz still resided. After Lewis sued Taylor and Telson, Mrs. Berkowitz made conflicting statements to counsel about how she wished to proceed and Taylor/Telson pressured Millsaps, stating that Mrs. Berkowitz wanted to immediately dismiss her pending lawsuits against Lewis with prejudice, despite her prior instructions and against her own self-interest. Millsaps was concerned that Taylor/Telson might have a conflict of interest in their desire to settle their lawsuit with Lewis and might be unduly influencing Mrs. Berkowitz to dismiss her lawsuits with prejudice due to Taylor/Telson's desire to have the lawsuit pending against them dismissed. 42. Millsaps noted that if Mrs. Berkowitz had legal capacity and desired to terminate the pending litigation with prejudice, that was her prerogative. However, pending the determination of the legal capacity of Mrs. Berkowitz to make decisions about litigation, contracts, and finances, there was an imminent risk of loss if the pending litigations were to be dismissed with prejudice or resolved without legal guidance and with the possible conflict of interest with Taylor/Telson influencing Mrs. Berkowitz to resolve the pending litigations in a manner that would otherwise not be as Mrs. Berkowitz desired (if she in fact was lacking legal capacity) and/or in Mrs. Berkowitz's best interest. 43. Millsaps further noted that through litigation, Lewis had already been forced to turn over the sum of $835,148.92 (the initial $750,000 in open court plus the $85,148.92 during 20 000137 deposition), but that anticipated future recoveries were being jeopardized potentially by the diminished capacity of Mrs. Berkowitz, the undue influence of caregivers Taylor/Telson who had an apparent conflict of interest, or a combination of both. 44. Millsaps also noted that the $55,000 Medicaid application, the $33,751.38 repayment demanded by Medicaid, and the $82,000 in additional federal income tax payable due to the cashing in of the Government Bonds represented damages to Berkowitz that remained to be recovered, in addition to the remaining principal expropriated by Ms. Lewis. 45. Millsaps further noted in the petition for guardianship that Mrs. Berkowitz had remaining an estimated $400 thousand in liquid assets. 46. In view of the pending petition for guardianship for their client, Millsaps and Solomon determined they were no longer able to continue as Mrs. Berkowitz's counsel, and on December 4, 2014, they moved to withdraw as Mrs. Berkowitz's attorneys in the Underlying Actions. 4 7. The court docket shows that the guardianship proceeding was assigned to Savitt' s husband, Judge Martin H. Colin ("Judge Colin"). However, Judge Colin did not enter any orders in the proceeding. 48. Instead, on December 4, 2014, a different judge granted Millsaps' petition for emergency guardianship and appointed Savitt as the emergency temporary guardian of Mrs. Berkowitz. On January 7, 2015, Savitt was appointed as the limited guardian ("Guardian") of Mrs. Berkowitz. 49. Savitt was not a family member or friend of Mrs. Berkowitz, whom she had never met before. Savitt was appointed as a "professional guardian." The Statewide Public Guardian 21 000138 Office requires such professional guardians to undergo credit and criminal history checks before being appointed. 50. Despite the requirement for credit and criminal history checks before appointment, Savitt and her husband had just had a final judgment of foreclosure entered against them. On November 17, 2014 -- less than a month before the guardianship appointment---the final judgment of foreclosure was rendered, showing a balance due of $308,328.04. A foreclosure sale was scheduled for March 17, 2015. 51. On December 8, 2014, Savitt filed an emergency motion to compel Mrs. Berkowitz's bank to provide her with access to Mrs. Berkowitz's financial records and to distribute all of her funds to Savitt as Mrs. Berkowitz's temporary guardian. The emergency motion was granted that same day. Also on December 8, 2014, Savitt went to Mrs. Berkowitz's bank to "open accounts." 52. However, on December 26, 2014, Savitt told Millsaps that Mrs. Berkowitz had "no money left" in her accounts, despite Millsaps' advising Savitt that Mrs. Berkowitz should have had close to half a million dollars remaining. 53. On March 11, 2015, the bank in Savitt's foreclosure action filed a motion to cancel the pending sale scheduled for March 17, 2015, vacate the judgment and dismiss the action, stating: "The parties have reached settlement whereby the indebtedness of Ms. Savitt to [the bank] has been satisfied." (emphasis supplied). On March 28, 2015, the bank executed a release of the mortgage of Savitt' s property. 54. Meanwhile, on January 26, 2015, Dean Rosenbach ("Rosenbach") and the Law Offices of Marshall E. Rosenbach substituted in as counsel for the Guardian (Savitt) and Mrs. 22 000139 Berkowitz in the Underlying Actions. Rosenbach is a personal friend of Savitt's husband, Judge Colin. 55. Savitt and her counsel Rosenbach never attempted to understand the complexities, difficulties encountered and overcome, or procedural postures of the Underlying Actions, the funds still due and owing to Mrs. Berkowitz from the 321 and 311 Accounts, the various claims asserted (including claims for attorney's fees and costs incurred), the damages suffered by Mrs. Berkowitz in addition to the loss of her savings, the roles the various parties (Lewis, PL Firm, attorney Miller, and AmTrust/NYCB) played in causing same, the recoverability of such damages, and the stated goal of Mrs. Berkowitz to "stop Lewis" from continuing to harm other victims. 56. Instead, Savitt and Rosenbach moved almost immediately to settle the Underlying Actions for essentially whatever they could get without actually having to engage in litigation, despite the extensive work completed by Millsaps and Solomon as predecessor counsel to support Mrs. Berkowitz's claims. Within two (2) weeks of his January 26, 2015 substitution of counsel in the Underlying Actions, Rosenbach was engaged in discussions with counsel to set up a face to face settlement conference during mid-February 2015. 57. Settlement between the Guardian and Lewis, PL Firm, Miller, and NYCB (the "Settlement") was arranged in principal shortly thereafter and ultimately finalized during late May or early June 2015. 58. The Settlement failed Mrs. Berkowitz on many levels. After the total recovery of $835,148.92 obtained by Millsaps and Solomon, Mrs. Berkowitz was still due $423,974.55 from the $1,259,123.47 fraudulently obtained by Lewis and PL Firm. She also suffered out-of-pocket expenses as damages including the $82,000 in additional federal income tax payable. 23 000140 In addition, she had paid her counsel's reasonable attorney's fees and costs to pursue Ms. Lewis and her confederates. All of these amounts were potentially recoverable in the Underlying Actions. 59. Nevertheless, the Settlement provided Mrs. Berkowitz with total disbursements of only $261,000 ($100,000 and $161,000) - more than $85,000 less than the $347,244 previously conceded to be due to Ms. Berkowitz by Lewis and the PL Firm. It was even less than the $268,544.50 previously conceded by NYCB! 60. The Settlement dismissed with prejudice the claims against not only Lewis, PL Firm, and NYCB, but also against attorney Miller - without Miller having to pay so much as a penny to Mrs. Berkowitz in settlement of the malpractice claim against him. 61. Most shockingly, the Settlement allowed Lewis and PL Firm to obtain all of the remaining funds in the 321 Account and 311 Account (together, the "Disputed Accounts"). In the Interpleader Action, NYCB had taken the position that $92,916.93 of the commingled funds in the 321 Account was "deposited for the benefit of PL clients other than Mrs. Berkowitz." This was the very reason why NYCB had maintained that Mrs. Berkowitz was entitled to only $268,544.40 of the funds in the Disputed Accounts. In the Settlement, NYCB acknowledged that it had "been notified of other possible claims by other third parties to funds held in the Disputed Accounts." Nevertheless, the Settlement provided: "NYCB shall unfreeze the amounts remaining in the Disputed Accounts and allow [PL Firm] to withdraw all such amounts from the Disputed Accounts." 62. Thus, the Settlement not only failed to effectuate Mrs. Berkowitz's stated desire to "stop Lewis," but instead released her victims' monies to Lewis to allow her to fund her continued fraudulent operations. 24 000141 63. In addition to their negligent handling of the Underlying Actions, Savitt and Rosenbach never attempted to "find" the funds in excess of $400K that should have been remaining in Mrs. Berkowitz's accounts when Savitt took possession of such accounts. 64. Instead, Savitt continues to racket up unnecessary fees for herself and her lawyer by using Settlement money to fund specious and unnecessary litigation against Millsaps and Solomon. Savitt's complaint was so baseless that the Court ordered it dismissed in its entirety, without prejudice, on February 8, 2016. 65. Serious concerns have been raised about Savitt's conduct as guardian, including those raised in The Palm Beach Post's investigative reporting series entitled "Guardianships: A Broken Trust." 66. Petitioners have performed all conditions precedent, or they have occurred been waived, or otherwise been excused. COUNT I - REMOVAL OF SAVITT AS GUARDIAN 67. Petitioners adopt by reference, as if set out fully and completely in this Count, the following statements of this Third-Party Complaint: Paragraphs 1 through 66. 68. Pursuant to section 744.474(7), a guardian may be removed for the wasting, embezzlement, or other mismanagement of the ward's property. 69. Here, Savitt has wasted, embezzled, and/or mismanaged the property of Mrs. Berkowitz. Savitt has failed to account for or attempt to locate the funds in excess of $400K that should have been remaining in Mrs. Berkowitz's accounts when Savitt took possession of such accounts. Savitt unnecessarily settled the valuable Underlying Actions on terms extremely unfavorable to Mrs. Berkowitz. Inexplicably, capriciously, and/or suspiciously, Savitt settled all claims against all Defendants in the Underlying Actions ("Defendants") for far less than two (2) 25 000142 of such Defendants had previously offered and admitted that they indisputably owed to Mrs. Berkowitz. 70. Savitt jettisoned Mrs. Berkowitz's valuable claims against all Defendants for pennies on the dollar, apparently claiming it was necessary because Mrs. Berkowitz purportedly had no money. Unfortunately for Mrs. Berkowitz, once the funds were obtained, Savitt has not sought to cautiously preserve said funds, nor has Savitt pursued claims against such persons who took the money that Millsaps and Solomon had recovered for Mrs. Berkowitz in the Underlying Actions. Instead, Savitt has used Settlement money to enrich herself and her lawyer. 71. Savitt should not be allowed to continue to waste what is left of the $261,000 in funds from the unfortunate Settlement. It is time for Mrs. Berkowitz to have the benefit of a professional guardian who does not have the baggage that Savitt has clouding her judgment. WHEREFORE, Petitioners hereby request that the Court remove and replace Savitt as the guardian of Mrs. Berkowitz, and order an accounting and transfer of property as required by Florida Probate Rule 5.660. Respectfully Submitted, By: Isl Donna Greenspan Solomon DONNA GREENSPAN SOLOMON Florida Bar No.: 59110 Donna@SolomonAppeals.com SOLOMON APPEALS, MEDIATION & ARBITRATION 901 South Federal Hwy, Ste. 300 Ft. Lauderdale, FL 33316 Telephone: 561-762-9932 Webb Millsaps, Esq. Florida Bar No: 0032414 webb@webmillsapslaw.com WEBB MILLSAPS LAW FIRM, PA 160 West Camino Real, # 190 26 000143 Boca Raton, FL 33432 Telephone: (561) 900-7238 Fax: (866) 741-0009 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served via filing through the Florida e-filing portal to Elizabeth Savitt, Savittguardians@gmail.com, on February 13, 2016. By: /s/ Webb Millsaps WEBB MILLSAPS 27 000144 .. I Filing# 37788256 E-Filed 02/13/2016 07:23:03 PM Prestigious llfe~are Summary of Bank Statement ActMty (Accoun From August 2012·Throu_gh Qecember ·2013 · - Berkowitz rel~ted Deposits Return of monies checkS Interest income l,2?4,123 (835,i49) 388,974 (79,386). 2,656. All li\t~rest aliocated to Berkowiti rrnmies 312,244 ~ti~~ · Deposit 155,sQil checks (141,523) pebit n1eino. (checks) (&&) 14,189 Balance{per "Miinthly"tabl 326,433 Proof O EXHIBIT I M/Compcl002 000145 FILED: PALM BEACH COUNTY, SHARON R. BOCK, CLERK, 02/13/2016 07:23:03 PM Filing# 38017069 E-Filed 02/19/2016 10:13:26 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: GUARDIANSHIP OF PROBATE DIVISION "U" FRANCES BERKOWITZ CASE NO. 502014GA000630XXXXNB PETITION FOR ORDER AUTHORIZING GUARDIAN TO ACT Petitioner, ELIZABETH SAVITT, as Limited Guardian of the Person and Property of Frances Berkowitz (the Ward), hereby petitions for an order authorizing the guardian to act pursuant to F.S. 744.447 and 744.441 and to hire a civil attorney, Dean Rosenbach, Esq., and to prosecute a lawsuit on behalf of the Ward, as follows: l. Petitioner is the duly appointed and acting Limited Guardian of the Person and Property of the Ward, having been appointed by Order and Letters dated January 7, 2015. 2. The Ward has been adjudicated incapacitated to act with respect to her rights to contract and to sue and defend lawsuits. 3. By Order dated March 25, 2015, Judge Gillen authorized the Guardian to hire a civil attorney, Dean Rosenbach, Esq., and to prosecute TWO (2) separate lawsuits on behalf of the Ward and to defend the Ward in ONE (1) lawsuit. 4. Those lawsuits were initiated prior to the adjudication of the Ward's incapacity and the appointment of the Guardian. 5. At the time the lawsuits were initiated, the Ward was represented by William Webster Millsaps, Esq. ("Millsaps") of the law finn of Webb Millsaps Law, PL and Donna Greenspan Solomon, Esq. ("Solomon") of the law firm of Donna Greenspan Solomon, PA d/b/a Solomon Appeals, Mediation & Arbitration. 6. Millsaps and Solomon charged the Ward a total of $439,549.48 in fees. 7. The Guardian asserts that Millsaps and Solomon charged unreasonable attorney's fees and costs to the Ward and committed elder abuse and exploitation of the elderly in connection with their representation of the Ward. 8. As such, the Guardian further retained her civil attorney, Dean Rosenbach, Esq., to file suit against Millsaps and Solomon on behalf of the Ward for overcharging the Ward, elder abuse and exploitation of the elderly, which is currently pending under Palm Beach County Circuit Civil Case No. 502015CA005019XXXXMB. 000146 FILED: PALM BEACH COUNTY, SHARON R. BOCK, CLERK, 02/19/2016 10:13:26 AM 9. A copy of the confidential retainer agreement and/or the terms of the retainer shall be made available to the Court for review at an in camera hearing on this Petition. 10. .Petitioner requests the Court ratify the retention of Dean Kosenbach, ~· in connection with this fourth lawsuit and authorize the Guardian to continue prosecuting the lawsuit against Millsaps and Solomon on behalf of the Ward. 11. F.S. 744.441(11) authorlzai a guatdlan, upon oourt approval, to p~utc or defend claims or proceedings for the protection of the Waid and her estate. 12. Petitioner asserts that the relief requested in this Petition is in the best interest of the Ward during the Ward's probable lifetime because if it is sue<:essful it will return a significant amount of assets to the Ward, which she needs for her care and maintenance. WHEREFORE, Petition requests that the Court enter an order, as follows: 1) ratifying the guardian's retention of Dean Rosenbach, Esq, in the civil lawsuit against William Webster Millsaps, Esq. and Donna Greenspan Solomon. Esq. under the terms of the fee agreement known to the court; and 2) authorizing the guardian to continue to pursue an action against William Webster Millsaps, Esq. and Donna Greenspan Solomon, Esq. on behalf of the Ward. DATED this /'("'day of February, 2016. ~~ g (} _:_If)_ /)~.,._.. El" Ellen S. Morris, Esq. Attorney for the Petitioner Florida Bar Number: 850306 ELDER LAW ASSOCIATES PA 7284 W. PaJmetto .Parle Road, Suite 101 Boca Raton, FL 33433 Telephone: (561) 750-3850 Fax: (561)750-4069 E-Mail: AA)Ottls@eldcdaw~.W!ii Secondary E-Mail: lrubin@eldedawgoclates.com Secondary E-Mail: clawrence@elderlawassociates.com 000147 Savitt, Peti1iOllel' CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing was furnished via regular U.S. Mail on this \'\~day of February, 2016 to Mrs. Frances Berkowitz, Anguilla Cay Senior Living, 1021 N. Ridge Road, Lantana, Florida 33462. Ellen S. Morris, Esq. Florida Bar No. 850306 000148 Filing# 38017069 E-Filed 02/19/2016 10:13:26 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: GUARDIANSHIP OF PROBATE DIVISION "IJ'' FRANCES BERKOWITZ CASE NO. 502014GA000630XXXXNB PETITION FOR ORDER AUTHORIZING GUARDIAN TO ACT Petitioner, ELIZABETH SAVITT, as Limited Guardian of the Person and Property of Frances Berkowitz (the Ward), hereby petitions for an order authorizing the guardian to act pursuant to F.S. 744.447 and 744.441(11) and to hire an attorney, Ellen S. Morris, Esq., and to prosecute a lawsuit on behalf of the Ward, as follows: 1. Petitioner is the duly appointed and acting Limited Guardian of the Person and Property of the Ward, having been appointed by Order and Letters dated January 7, 2015. 2. The Guardian is currently represented in this guardianship by the undersigned counsel, Ellen S. Morris, Esq. of the law firm of ELDER LAW ASSOCIATES PA, pursuant to an Order substituting counsel dated January 27, 2016. 3. On or about February 13, 2016, William Webster Millsaps, Esq. ("Millsaps") of the law firm of Webb Millsaps Law, PL and Donna Greenspan Solomon, Esq. ("Solomon") of the law firm of Donna Greenspan Solomon, PA d/b/a Solomon Appeals, Mediation & Arbitration filed a Petition for removal of the Guardian. 4. Petitioner asserts that the allegations made by Millsaps and Solomon, neither of whom is an interested party in this guardianship, are frivolous and are merely an attempt by Millsaps and Solomon to thwart litigation the Guardian will be bringing against them for overcharging the Ward, elder abuse and exploitation of the elderly in connection with their prior representation of the Ward. 5. F.S. 744.441(11) authorizes a guardian, upon court approval, to defend claims or proceedings for the protection of a guardian in the performance of his or her duties. 6. Petitioner requests that the Court authorize the guardian to retain Ellen S. Morris, Esq. of the law firm of ELDER LAW ASSOCIATES PA to defend her in the removal action filed by Millsaps and Solomon. Petitioner will be filing a Motion to Dismiss the Petition and a 57 .105 Motion against the Petition and hopes to dispose of the matter expeditiously. 000149 FILED: PALM BEACH COUNTY, SHARON R. BOCK, CLERK, 02/19/2016 10:13:26 AM 7. Petitioner asserts that the relief requested in this Petition is in the best interest of the Ward during the Ward's probable lifetime because if the defense is successful it will prevent additional funds of the Ward being used to hire and educate a new guardian and it wilt prevent Millsaps and Solomon from being able to seek fees for filing this frivolous petition. WHEREFORE. Petition requests that the Court enter an order, as follows: 1) authorizing the guardian to retain Ellen S. Morris, Esq. of the law finn of ELDER LAW ASSOCIATES PA to represent her in the removal action filed by William Webster Millsaps, Esq. and Donna Greenspan Solomon, Esq. at tlte rate of $450 per hour for attorney time and $185 per hour for paralegal time as this is a highly litigious matter and requires skill and experience; and 2) authorizing the guardian to defend against the removal action filed by William Webster Millsaps, Esq. and Donna Greenspan Solomon, Esq. on behalf of the Ward. DATED this I-;--- day of February, 2016. Ellen S. Morris, Esq. Attorney for the Petitioner Florida Bar Number: 850306 ELDER LAW ASSOCIATES PA 7284 W. Palmetto Parle Road, Suite 101 Boca Raton, FL 33433 Telephone: (561) 750-38.50 E-Mail: £iiiQtfls@cl®di&Wil$$(J!.Clf!t%,Wm Seoondary E-Mail: lrubin@eldedawassociates.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing was furnished via regular U.S. Mail on this \G\ '\-"-day of February, 2016 to Mrs. Frances Berkowitz, Anguilla Cay Senior Living. 1021 N. Ridge Road. Lantana, Florida 33462. Ellen S. Morris, Esq. Florida Bar No. 850306 000150 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: GUARDIANSHIP OF PROBATE DIVISION "IJ" FRANCES BERKOWITZ CASE NO. 502014GA000630XXXXNB ORDER AUTHORIZING GUARDIAN TO ACT THIS CAUSE came before the Court for hearing upon the Petition of ELIZABETH SAVITT, as Limited Guardian of the Person and Property of Frances Berkowitz (the Ward), for an order authorizing the guardian to act pursuant to F.S. 744.447 and 744.441(11), and having reviewed the Petition as being otherwise fully advised, it is ORDERED AND ADJUDGED: 1. The Guardian is hereby authorized to retain Ellen S. Morris, Esq. of the law firm of ELDER LAW ASSOCIATES PA to represent her in the removal action filed by William Webster Millsaps, Esq. and Donna Greenspan Solomon, Esq. at the rate of$~er hour for attorney time and $~per hour for paralegal time. 2. The Guardian is hereby authorized to defend against the removal action filed by William Webster Millsaps, Esq. and Donna Greenspan Solomon, Esq. on behalf • oftheWard; ...,1() -\-a c:~ ,(\~ ~ e·f--i"lS-19°_~~ ~~'':!~~-~Ji fi.Dt,1 ~c.o.~ ~4..0C ~~r-1<-v C\f(;vo~ 4 \.'t"" ~~ v.rW\.- '~ DONE AND ORDERED on this 2~day of February, 2016, at Palm Beach Gardens, Palm Beach County, Florida. _r.d #/k J., ~TES, JR. Circuit Judge i1 r rn Copies furnished to: Ellen S. Morris, Esq. ELDER LAW ASSOCIATES PA 7284 W. Palmetto Park Road, Suite 101 Boca Raton, FL 33433 0 000151 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: GUARDIANSHIP OF PROBATE DIVISION "IJ" FRANCES BERKOWITZ CASE NO. 502014GA000630XXXXNB ORDER AUTHORIZING GUARDIAN TO ACT THIS CAUSE came before the Court for hearing upon the Petition of ELIZABETH SAVITT, as Limited Guardian ofthe Person and Property of Frances Berkowitz (the Ward), 'for an order authorizing the guardian to act pursuant to F.S. 744.447 and 744.441(11), and having reviewed the Petition as b~ing otherwise fully advised, it is ORDERED AND ADJUDGED: 1. 2. The Guardian's retention of Dean Rosenbach, E_sq. in the civil lawsuit against William Webster Millsaps, Esq. and Donna Greenspan Solomon, Esq. under the terms of the fee agreementknown to the Coµrt is hereby ratified and approved. . 'r~ 1 ~ (l.C \C-1N G . . . The Guardian is hereby· authorized to continue to pursue an acticm against William Webster Millsaps, Esq. and Doiirta Greenspan Solomon, Esq. on behalf of the Ward. .!1.<'f( . DONE AND ORDERED on this "' day of February, 2016, at Palm Beach Gardens, 1{. · Palm Beach County, Flonda.~t-f'/J~ ~ 11 HO,WARI) K. COATES, JR. Circuit Judge i1 - r, Copies furnished to: n7 Ellen S. Morris, Esq. · EI.'..DER LAW ASSOCIATES PA 7284 W. Palmetto Park Road, Suite 101 Boca Raton, FL 33433 u 000152 ,.,__ ...... Filing# 38344255 E-Filed 02/26/2016 03:56:22 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502014GA000630XXXXNB Division: "IJ" IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ MOTION TO DISMISS PETITION FOR REMOVAL OF GUARDIAN, ELIZABETH SAVITT COMES NOW ELIZABETH SAVITT ("Elizabeth"), as Limited Guardian of the Person and Plenary Guardian of the Property of FRANCES BERKOWITZ (the Ward), by and through her undersigned counsel, pursuant to Fla. R. Civ. P. 1.140, hereby moves to dismiss the Petition for Removal of Guardian filed by DONNA GREENSPAN SOLOMON and WILLIAM WEBSTER MILLSAPS, as follows: Introduction 1. Petitioners are attorneys and are not related to the Ward. 2. Prior to the guardianship, Petitioners represented Frances in three (3) civil matters. 3. After the appointment of Ms. Savitt as guardian, Judge Gillen authorized Ms. Savitt to continue to prosecute those cases on behalf of the Ward and to hire Dean Rosenbach, Esq. as her attorney. 4. Petitioners thereafter had no involvement in the guardianship or with the Ward. 5. In the course of Dean Rosenbach's prosecution of those cases he and Ms. Savitt discovered that Petitioners, Solomon and Millsaps, received excessive fees from representation of Mrs. Berkowitz in the amount of $439,549.48 and Mr. Rosenbach filed suit against Petitioners, Solomon and Millsaps, for malpractice 000153 FILED: PALM BEACH COUNTY, SHARON R. BOCK, CLERK, 02/26/2016 03:56:22 PM and excessive fees to recover assets for the Ward under Circuit Court Case No. 502015CA005019XXXXMB in front ofJudge Oftedal. 6. A Motion to Dismiss was granted as to the malpractice count with leave to amend and an amended complaint for excessive fees is currently being drafted. 7. Petitioners, Solomon and Millsaps, have retaliated personally against Ms. Savitt and Mr. Rosenbach. 8. Petitioners filed suit against Mr. Rosenbach personally alleging contribution and defamation. 9. Petitioners make irrelevant, immaterial, inflammatory and scandalous personal attack allegations against Ms. Savitt which have nothing to do with whether Ms. Savitt has breached her fiduciary duty and should be removed as guardian in Paragraphs 13, 14, 15, 16, 50, 53, 64, 65, 70 and 71. 10. Petitioners have filed this Petition for Removal of Ms. Savitt in furtherance of their pattern to personally retaliate against Ms. Savitt for her pursuit of a claim against them for excessive fees which they reference very generally in Paragraphs 13 and 70 and which is being prosecuted on a contingency basis causing absolutely no expense to the Ward. Legal Standard to Qualify as Interested Persons In order for Petitioners to be determined to be "interested persons" as defined by the Florida guardianship and probate code, they must be affected by the outcome of the removal petition. If they are not affected by the outcome, then they are not interested persons and they lack standing to petition in the guardianship case. § 731.201(23), Fla. Stat. (2013). Although appellate Courts have not established a bright-line rule to determine a person's status as an 000154 "interested person" in a guardianship proceeding, they have clearly ruled that the trial court must evaluate the nature of both the proceeding and the interest asserted to determine whether a petitioner is an interested person Rudolph v. Rosencan, 154 So. 3d 381, 385 (Fla. 2014) and Swan v. Trost, 100 So. 3d 1205, 1210 (Fla. 2012). Further, in Hayes v. Guardianship of Thompson, 952 So. 2d 498, 506 (Fla. 2006), the Supreme Court held "if the person is entitled to notice or is authorized to file an objection under the Florida Guardianship Law or the Florida Probate Rules, that person has standing to participate in the guardianship proceeding." Argument Petitioners Lack Standing As Interested Persons Petitioners conclusively allege they are interested persons pursuant to F.S. 731.201 but completely fail to assert any specific facts demonstrating how they will reasonably be affected by the outcome of the petition to remove Ms. Savitt. The Petitioners were counsel for Frances prior to the guardianship and Millsaps was the initial petitioner of a determination of incapacity and appointment of a professional guardian. However after the appointment of Ms. Savitt Petitioners have never appeared in the guardianship case, have never filed a Notice of Interested Person and have never been notified or served on any pleading in the guardianship case. The Hayes opinion established three (3) elements the courts find relevant when determining who is an interested party in a guardianship case: (1) whether the person has requested notices and copies under 5.060; (2) whether the person has the right to object to a particular proceeding in the case; or (3) whether the person falls under the definition of an "interested person." 000155 Petitioners have never filed a written request for notice under Ruled 5.060. Petitioners will not be affected in any way by the outcome of the removal petition and are not authorized to file, nor have they ever filed, an objection in any proceeding in this case until they filed this Petition for Removal. Even if Petitioners were successful in their Petition, the relief they seek is removal and replacement of Ms. Savitt as guardian for Mrs. Berkowitz and an accounting and transfer of property of Mrs. Berkowtiz' s funds. Said requested relief has nothing to do with them. They will not be affected in any way by any of the relief sought in their Petition. WHEREFORE Elizabeth Savitt respectfully requests the entry of an Order dismissing the Petition for lack of standing of Petitioners and grant such and other further relief the Court deems just and proper. I HEREBY CERTIFY that a copy of the foregoing was served via thee-Portal on this '1~ thday of February, 2016, to Donna Greenspan Solomon, Esq., SOLOMON APPEALS, MEDIATION & ARBITRATION, 901 South Federal Highway, Suite 300, Fort Lauderdale, FL 33316 and Webb Millsaps, Esq., WEBB MILLSAPS LAW FIRM, PA, 160 West Camino Real, #190, Boca Raton, FL 33432 and via regular U.S. Mail to Mrs. Frances Berkowitz, Anguilla Cay Senior Living, 1021 N. Ridge Road, Lantana, Florida 33462. Ellen S. Morris, Esq. Attorney for the Guardian Florida Bar Number: 850306 ELDER LAW ASSOCIATES PA 7284 W. Palmetto Park Road, Suite 101 Boca Raton, FL 33433 Telephone: (561) 750-3850 Fax: (561) 750-4069 E-Mail: emorris@elderlawassociates.com Secondary E-Mail: lrubin@elderlawassociates.com 000156 Filing# 38428321E-Filed03/01/2016 10:05:27 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502014GA000630XXXXNB Division: "U" IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ MOTION TO STRIKE REQUEST FOR NOTICES AND COPIES OF PLEADINGS COMES NOW ELIZABETH SAVITT ("Elizabeth" or the "Guardian"), as Limited Guardian of the Person and Plenary Guardian of the Property of FRANCES BERKOWITZ (the Ward), by and through her undersigned counsel, and moves to strike the Request for Notices and Copies of Pleadings filed by DONNA GREENSPAN SOLOMON and WILLIAM WEBSTER MILLSAPS, as follows: 1. Donna Greenspan Solomon ("Solomon") and William Webster Millsaps ("Millsaps") have filed a Request for Notices and Copies of Pleadings pursuant to Fla. Prob. R. 5.060 stating that they are interested persons. 2. Fla. Prob. R. 5.060(a) directs that any interested person who desires notice of proceedings in the estate of a ward may file a written request for notice of further proceedings. 3. Solomon and Millsaps are not interested persons in this guardianship. 4. Solomon and Millsaps are attorneys and are not related to the Ward. 5. Solomon and Millsaps have filed a separate Petition under the above-styled case seeking the removal of the Guardian (the "Petition for Removal). 6. A Motion to Dismiss their Petition for Removal is currently pending. 000157 FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 03/01/2016 10:05:27 AM 7. The basis of the Motion to Dismiss is that Petitioners are not interested persons in the guardianship pursuant to F.S. 731.201 and lack standing to bring an action for removal of the Guardian. 8. For the same reasons set forth in the Motion to Dismiss, Solomon and Millsaps are not considered interested persons entitled to notice or copies of pleadings under Fla. Prob. R. 5.060. 9. Prior to the guardianship, Petitioners represented Frances m three (3) civil matters. 10. After the appointment of Ms. Savitt as guardian, Judge Gillen authorized Ms. Savitt to continue to prosecute those cases on behalf of the Ward and to hire Dean Rosenbach, Esq. as her attorney. 11. Petitioners thereafter had no involvement in the guardianship or with the Ward. 12. In the course of Dean Rosenbach's prosecution of those cases, he and Ms. Savitt discovered that Solomon and Millsaps, received excessive fees from representation of Mrs. Berkowitz in the amount of $439,549.48 and Mr. Rosenbach filed suit against Solomon and Millsaps, for malpractice and excessive fees to recover assets for the Ward under Circuit Court Case No. 502015CA005019XXXXMB in front of Judge Oftedal. 13. A Motion to Dismiss was granted as to the malpractice count with leave to amend and an amended complaint for excessive fees is currently being drafted. 14. Solomon and Millsaps have retaliated personally against Ms. Savitt and Mr. Rosenbach. 000158 15. Solomon and Millsaps filed suit against Mr. Rosenbach personally alleging contribution and defamation. 16. In their Petition for Removal, Solomon and Millsaps mace irrelevant, immaterial, inflammatory and scandalous personal attack allegations against Ms. Savitt which have nothing to do with whether Ms. Savitt has breached her fiduciary duty and should be removed as guardian in Paragraphs 13, 14, 15, 16, 50, 53, 64, 65, 70 and 71. 17. Solomon and Millsaps have filed their Petition for Removal of Ms. Savitt in furtherance of their pattern to personally retaliate against Ms. Savitt for her pursuit of a claim against them for excessive fees which they reference very generally in Paragraphs 13 and 70 and which is being prosecuted on a contingency basis causing absolutely no expense to the Ward. Legal Standard to Qualify as Interested Persons In order for Solomon and Millsaps to be determined to be "interested persons" as defined by the Florida guardianship and probate code, they must be affected by the outcome of the removal petition. If they are not affected by the outcome, then they are not interested persons and they lack standing to petition in the guardianship case. § 731.201(23), Fla. Stat. (2013). Although appellate Courts have not established a bright-line rule to determine a person's status as an "interested person" in a guardianship proceeding, they have clearly ruled that the trial court must evaluate the nature of both the proceeding and the interest asserted to determine whether a petitioner is an interested person Rudolph v. Rosencan, 154 So. 3d 381, 385 (Fla. 2014) and Swan v. Trost, 100 So. 3d 1205, 1210 (Fla. 2012). 000159 Further, in Hayes v. Guardianship of Thompson, 952 So. 2d 498, 506 (Fla. 2006), the Supreme Court held "if the person is entitled to notice or is authorized to file an objection under the Florida Guardianship Law or the Florida Probate Rules, that person has standing to participate in the guardianship proceeding." Argument Solomon and Millsaps Lack Standing As Interested Persons In their Petition for Removal, Solomon and Millsaps conclusively allege they are interested persons pursuant to F.S. 731.201 but completely fail to assert any specific facts demonstrating how they will reasonably be affected by the outcome of the petition to remove Ms. Savitt. Solomon and Millsaps were counsel for Frances prior to the guardianship and Millsaps was the initial petitioner of a determination of incapacity and appointment of a professional guardian. However, after the appointment of Ms. Savitt, Petitioners have never appeared in the guardianship case, have never filed a Notice of Interested Person and have never been notified or served on any pleading in the guardianship case. The Hayes opinion established three (3) elements the courts find relevant when determining who is an interested party in a guardianship case: (1) whether the person has requested notices and copies under 5.060; (2) whether the person has the right to object to a particular proceeding in the case; or (3) whether the person falls under the definition of an "interested person." 000160 Solomon and Millsaps will not be affected in any way by the outcome of the Petition for Removal and are not authorized to file, nor have they ever filed, an objection in any proceeding in this case until they filed the Petition for Removal. Even if Petitioners were successful in their Petition, the relief they seek is removal and replacement of Ms. Savitt as guardian for Mrs. Berkowitz and an accounting and transfer of property of Mrs. Berkowtiz' s funds. Said requested relief has nothing to do with them, and they will not be affected in any way by any of the relief sought in their Petition. WHEREFORE Elizabeth Savitt respectfully requests that Petitioners' Request for Notices and Copies of Pleadings be stricken. I HEREBY CERTIFY that a copy of the foregoing was served via the e-Portal on this 1st day of March, 2016, to Donna Greenspan Solomon, Esq., SOLOMON APPEALS, MEDIATION & ARBITRATION, 901 South Federal Highway, Suite 300, Fort Lauderdale, FL 33316 and Webb Millsaps, Esq., WEBB MILLSAPS LAW FIRM, PA, 160 West Camino Real, #190, Boca Raton, FL 33432 and via regular U.S. Mail to Mrs. Frances Berkowitz, Anguilla Cay Senior Living, 1021 N. Ridge Road, Lantana, Florida 33462. Ellen S. Morris, Esq. Attorney for the Guardian Florida Bar Number: 850306 ELDER LAW ASSOCIATES PA 7284 W. Palmetto Park Road, Suite 101 Boca Raton, FL 33433 Telephone: (561) 750-3850 Fax: (561) 750-4069 E-Mail: emorris@elderlawassociates.com Secondary E-Mail: lrubin@elderlawassociates.com 000161 Filing# 38539457 E-Filed 03/02/2016 11:22:50 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000630XXXXNB Division: IJ IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ PETITIONERS' OPPOSITION TO GUARDIAN'S MOTION TO STRIKE REQUEST FOR NOTICES AND COPIES OF PLEADINGS Petitioners/Interested Persons WILLIAM WEBSTER MILLSAPS ("Millsaps") and DONNA GREENSPAN SOLOMON ("Solomon," together with Millsaps, "Petitioners") hereby file this Opposition to the Motion to Strike Request for Notices and Copies, and state: 1. In her Motion to Strike Request for Notices and Copies ("Motion to Strike"), Elizabeth Savitt ("Savitt"), as Limited Guardian of the Person and Plenary Guardian of the ward, Frances Berkowitz ("Mrs. Berkowitz"), asserts that Millsaps and Solomon are not interested parties in the instant proceeding. 2. However, Attorney Millsaps filed the Petition for Appointment of Emergency Temporary Guardian that resulted in Savitt's appointment as Guardian in the first place. 3. As the Petitioner in the instant Guardianship, attorney Millsaps was and is entitled to notice in the instant proceedings, and thus has standing to participate in the guardianship proceedings. See Hayes v. Guardianship of Thompson, 952 So. 2d 498, 509 (Fla. 2006) (concluding that a person "entitled to notice ... has standing to participate in the guardianship proceeding"). 4. A copy of the current docket in this Guardianship proceeding, annexed hereto as "Exhibit A," shows "Millsaps, Webb" as "Petitioner" under "Case Parties." Further, a copy of 000162 FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 03/02/2016 11 :22:50 PM the E-Filing Portal, showing "Webb Millsaps" as "Petitioner" under "Current Parties," 1s annexed hereto as "Exhibit B." 5. In her Motion to Dismiss, Savittfalsely claims that Petitioners "have never been notified or served on any pleading in the guardianship case." 1 That is patently untrue. In fact, Savitt herself, through counsel, initially served attorney Millsaps with pleadings in this case. See Exhibit C. Apparently, Savitt and her counsel have affirmatively "de-selected" Millsaps from the service list to intentionally, and improperly, avoid notice to Millsaps as a party to this action. 6. Further, Millsaps and Solomon are "interested parties" based on the facts set forth in Petitioners' Opposition to Guardian's Motion to Dismiss and Petitioners' Petition for Removal of Guardian, Elizabeth Savitt, both of which are incorporated by reference herein. 7. In addition, Millsaps and Solomon are "interested parties" in as much as they knew the Ward prior to her incapacity. No one involved in this guardianship, other than Millsaps and Solomon, have knowledge of the Ward and her wishes prior to incapacity. In fact, Millsaps was, at Mrs. Berkowitz's request, with Mrs. Berkowitz when her husband was dying and in hospice, and witnessed Mr. Berkowitz's death with Mrs. Berkowitz. 8. There would be no guardianship but for Millsaps' and Solomon's concern that their client was being exploited, which caused Millsaps to petition for guardianship. Now, Millsaps has bona fide concerns that as a result of the guardianship for which he himself petitioned, Savitt is exploiting the Ward, wasting the Ward's resources, and breaching her fiduciary duty to the Ward. If Millsaps had standing as an interested party to petition the State of Florida to examine his client and protect such client from exploitation, then such standing as an 1 See the fourth page of Savitt' s unnumbered Motion to Strike. 2 000163 interested party is not (and should not be as a matter of policy) severed merely because Savitt seeks to enrich herself and waste the Ward's resources. 9. Millsaps and Solomon also are interested parties because if any assets remain after the guardianship, Millsaps and Solomon would have a claim on those assets. For example, the Ward owed Millsaps outstanding legal fees at the time of Millsaps' petition, and such amounts would be recoverable if Savitt and Rosenbach do not waste the assets of the Ward enriching themselves. 10. In her Motion to Strike, ii 17, Savittfalsely states that the lawsuit against Millsaps and Solomon is "being prosecuted on a contingency basis causing absolutely no expense to the Ward." (emphasis supplied). As Savitt knows, that statement is categorically false. Savitt herselfhas charged fees as Guardian for time related to the baseless lawsuit. 11. Further, Savittfalsely states in ii 12 that Solomon and Millsaps received fees from Mrs. Berkowitz in the amount of $439,549.48. Such statement is also categorically false. 12. Savitt also states that Judge Gillen authorized Savitt to prosecute and to hire Dean Rosenbach as her attorney in the three (3) cases in which Millsaps and Solomon previously represented Mrs. Berkowitz. However, Savitt and Rosenbach settled those cases without first seeking authorization from the Court for such settlement. Savitt now seeks to bar Millsaps and Solomon from this proceeding so that the unauthorized settlement can be "retroactively" authorized without the context that Millsaps and Solomon can provide to this Court. 13. For example, Millsaps and Solomon had explicitly informed Savitt that as the result of their efforts, they had obtained written admissions from the parties defrauding Mrs. Berkowitz that they owed Mrs. Berkowitz a minimum of $34 7 thousand. Millsaps and Solomon offered to continue their representation of Mrs. Berkowitz to obtain such amount through a 3 000164 motion for summary judgment. Savitt never disclosed such offer to this Court. Instead, she hired attorney Rosenbach, who promptly settled with all defendants for the total sum of $261,000 - almost exactly 75% of the amount previously conceded by the fraudster. ARGUMENT In Hayes v. Guardianship of Thompson, 952 So. 2d 498, 505 (Fla. 2006), the Supreme Court addressed "the criteria for determining who qualifies as an 'interested person."' Id. at 507. "The meaning, as it relates to particular persons, may vary from time to time and must be determined according to the particular purpose of, and matter involved in, any proceedings." Id. The Hayes Court explicitly held: "[I]f the person is entitled to notice ... that person has standing to participate in the guardianship proceeding." Id. at 506 (emphasis supplied). Here, Millsaps as Petitioner in the Petition for Appointment of Emergency Temporary Guardian is indisputably entitled to notice and thus has standing to participate in this guardianship proceeding. Further Millsaps and Solomon are interested persons, and have filed a Request for Notices and Copies of Pleadings as Interested Persons pursuant to Florida Probate Rule 5.060. "In guardianship proceedings, the overwhelming public policy is protection of the ward." Id. at 505. An adversarial system promotes that public policy with its checks and balances. If Millsaps and Solomon are not allowed to remain as interested persons, Savitt' s attempt to retroactively approve the Settlement and fees to Rosenbach will go forward as a non-adversarial "agreed-upon" matter, to the detriment of Mrs. Berkowitz. Respectfully Submitted, By: Isl Donna Greenspan Solomon DONNA GREENSPAN SOLOMON Florida Bar No.: 59110 Donna@SolomonAppeals.com SOLOMON APPEALS, MEDIATION & ARBITRATION 901 South Federal Hwy, Ste. 300 4 000165 Ft. Lauderdale, FL 33316 Telephone: 561-762-9932 Webb Millsaps, Esq. Florida Bar Number: 0032414 WEBB MILLSAPS LAW FIRM, PA 160 West Camino Real, # 190 Boca Raton, FL 33432 Telephone: (561) 900-7238 Fax: (866) 741-0009 E-Mail: webb@webmillsapslaw.com CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served via filing through the Florida e-filing portal to 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 2nd day of March, 2016. By: Isl Donna Greenspan Solomon DONNA GREENSPAN SOLOMON 5 000166 Report Selection Criteria Case ID: 502014GA000630XXXXSB Docket Start Date: Docket Ending Date: Case Description Case ID: Case Caption: Division: Filing Date: Court: Location: Jury: Type: Status: 502014GA000630XXXXSB FRANCES BERKOWITZ GA IZ-TICKTIN Wednesday, December 03rd, 2014 GA - GUARDIANSHIP SB - SOUTH BRANCH N-NonJury PP - GUARDIANSHIP - PERSON/PROPERTY RO-REOPEN Related Cases 502014M H002294XXXXSB Case Event Schedule No case events were found. Case Parties Seq Assoc Expn # Date 1 T ype ID Name INCAPACITATED PERSON @3571324 BERKOWITZ, FRANCES PETITIONE~ 0032414 MILLSAPSJ ~BB·--· Aliases: none Aliases: none EXHIBIT A 1 000167 JUDGE IY COLIN, JUDGE MARTINH Aliases: none 4 JUDGE IZ TICKTIN, JUDGE JESSICA Aliases: none 5 PETITIONER @3518203 SAVITT, ELIZABETH Aliases: none Aliases: none 03DEC2014 3 6 5 ATTORNEY 0674567 7 1 GUARDIAN @3518203 SAVITT, ELIZABETH 2 000168 HAZELTINE ESQ., SHERI L Aliases: none Current Parties Please selectan parties on whose behalf you.are ~ubmlttlng this filing. ~ote.: to select multiple .Items, use CTRL·CLIC.~ for selection: ~Ess:MILLSAes_[eETITIONER ]) ELIZABETH SAVITT [PETITIONER J JUDGEHOWARD KCOATES JR [Judge l FRANCES BERKOWITZ [INCAPACITATED New Parties· If vour oartv does not aooear above. add the oartles ~ere. EXHIBITB 000169 from: fl~Nire@m~m~~cr~.mm [mailOO:~l~Nire@m~m~~crf$.mm] ~!nt: ~~~~a~, ~t~m~r ~I WH n~ ~~ · ~uDj!ct: ~c~~Kt ~~ m~~r ~~rn~c~r ~c ~~~~c~ ~ijimijijijijOJij~~ ~otite of ~ervite of tourt Dotuments ~·servite red~ients selette~ for servite: 000170 rex@hazeltinelaw.com Webb Millsap~ webb@webbmillsaP-slaw.com) wmillsaP-s@gmail.com) webb@webbmillsaP-slaw.com) wmillsaP-s@gmail.com) E-service recipients deselected for service: Name IEmail Address No Matching Entries Filing Information Filing#: 21349020 Filing Time: 12/08/2014 02:24:29 PM ET Filer: Sheri L Hazeltine 561-243-4655 Court: Fifteenth Judicial Circuit in and for Palm Beach County, Florida Case#: 502014GA000630XXXXSB Court Case #: 2014GA000630 Case Style: IN RE: Guardianship of Not Available Documents Title File Application Of Guardian Berkowitz.Franes.Application of E Berkowitz.Frances.Oath of Guardi1 Oath This is an automatic email message generated by the Florida Courts E-Filing Portal. This email address does not receive email. Thank you, The Florida Courts E-Filing Portal request_id#: 21349020 ;Audit#: 72770516;UCN#: 502014GA000630XXXXSB; Page 2 of 2 000171 Filing# 38539457 E-Filed 03/02/2016 11:22:50 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000630XXXXNB Division: IJ IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ PETITIONERS' OPPOSITION TO GUARDIAL~'S MOTION TO DISMISS Petitioners/Interested Persons WILLIAM WEBSTER MILLSAPS ("Millsaps") and DONNA GREENSPAN SOLOMON ("Solomon," together with Millsaps, "Petitioners") hereby file this Opposition to the Motion to Dismiss Petition for Removal of Guardian, Elizabeth Savitt, and state: 1. In her Motion to Dismiss, Elizabeth Savitt ("Savitt"), as Limited Guardian of the Person and Plenary Guardian of the ward, Frances Berkowitz ("Mrs. Berkowitz"), asserts that Millsaps and Solomon lack standing with respect to their Petition for Removal of Guardian, Elizabeth Savitt, Based on Wasting, Embezzlement and/or Mismanagement of Ward's Property ("Petition for Removal of Savitt as Guardian"). 2. However, Attorney Millsaps filed the Petition for Appointment of Emergency Temporary Guardian that resulted in Savitt's appointment as Guardian in the first place. 3. As the Petitioner in the instant Guardianship, attorney Millsaps was and is entitled to notice in the instant proceedings, and thus has standing to participate in the guardianship proceedings. See Hayes v. Guardianship of Thompson, 952 So. 2d 498, 509 (Fla. 2006) (concluding that a person "entitled to notice ... has standing to participate in the guardianship proceeding"). 000172 FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 03/02/2016 11 :22:50 PM 4. A copy of the current docket in this Guardianship proceeding, annexed hereto as "Exhibit A," shows "Millsaps, Webb" as "Petitioner" under "Case Parties." Further, a copy of the E-Filing Portal, showing "Webb Millsaps" as "Petitioner" under "Current Parties" is annexed hereto as "Exhibit B." 5. In her Motion to Dismiss, Savittfalsely claims that Petitioners "have never been notified or served on any pleading in the guardianship case." That is patently untrue. 1 In fact, Savitt herself, through counsel, initially served attorney Millsaps with pleadings in this case. See Exhibit C. Apparently, Savitt and her counsel have affirmatively "de-selected" Millsaps from the service list to intentionally, and improperly, avoid notice to Millsaps as a party to this action. 6. Solomon and Millsaps have filed a Request for Notices and Copies of Pleadings as Interested Persons pursuant to Florida Probate Rule 5.060. Of course, Millsaps should have been receiving notice all along as a party to this proceeding. 7. Millsaps and Solomon knew the Ward prior to her incapacity. 8. Millsaps, in particular, was close to the Ward and her husband prior to his death, and spent many, many hours with the Ward prior to her incapacity, both in person and by telephone. 9. Millsaps was with Mr. Berkowitz (the Ward's husband when he died) and attended Mr. Berkowitz's funeral. 10. Millsaps estimates that he did not charge for at least 100 hours spent with the Ward and/or her husband prior to her incapacity. Savitt and Rosenbach have the temerity to complain about legal fees. However, they never bothered to learn that Millsaps had spent 1 Savitt' s claim that Solomon and Millsaps received fees from Mrs. Berkowitz "in the amount of $439,549.48" is likewise patently untrue. 2 000173 substantial personal time with the Berkowitzes, having grown close to them in the course of his representation. 11. During their representation of Mrs. Berkowitz, Millsaps and Solomon discovered a number of elderly victims who had been fleeced in a conspiracy of fraud. The fraud was a serious pattern of exploitation of the elderly in South Florida. But for Millsaps' and Solomon's diligence in pursing these matters, the theft of funds from these elderly victims would never have been brought to light. Ultimately, Millsaps and Solomon had standing to petition the State of Florida to protect three (3) of these elderly victims. As Savitt very well knows, Millsaps even volunteered his services for free to serve as attorney to the Guardian if such would benefit the ward(s) and preserve assets. Savitt declined. The only reasonable explanation is that Savitt has an interest in making sure that Millsaps and Solomon are not "interested persons" because Savitt prefers less accountability and oversight. 12. Further, Millsaps and Solomon are "interested parties" with standing to file the Petition for Removal of Guardian based on the following facts: 2 13. During 2013 and 2014, attorneys Millsaps and Solomon represented the Ward, Frances Berkowitz ("Mrs. Berkowitz") and her late husband, Jerry Berkowitz (together, the "Berkowitzes") in several complex, interrelated matters. The Berkowitzes had been the victims of a massive fraud perpetrated by Princella Lewis ("Lewis") and her company, Prestigious Lifecare for Seniors LLC f/k/a PL Firm, LLC ("PL Firm"). Lewis had defrauded the Berkowitzes of their entire life savings of over $1.2 million. 14. Attorney Glenn Ricardo Miller ("Miller") had aided and assisted in the fraud by having the Berkowitzes execute powers of attorney and designations of healthcare surrogate 2 These facts are further detailed in Petitioners' Petition for Removal of Guardian, Elizabeth Savitt, filed on February 13, 2016, which is hereby referenced and incorporated herein. 3 000174 documents that gave Lewis and PL Firm immediate power and control over the Berkowitzes' money and healthcare decisions. 15. New York Community Bank d/b/a AmTrust Bank ("NYCB" or "AmTrust") also assisted in the fraud by opening an "IOLTA" trust account for PL Firm, despite the fact that Princella Lewis is not an attorney and PL Firm is not a law firm. Lewis was able to use the IOLTA account to convince the Berkowitzes that monies given to Lewis would be held "in trust" for the care and benefit of the Berkowitzes. When NYCB realized that PL Firm is not a law firm and thus was not authorized to open an IOLTA account, it simply, and negligently, converted the "IOLTA" account into a regular commercial account belonging to PL Firm, without any regard for the substantial funds that had been deposited "in trust" into the account. 16. Mrs. Berkowitz, through her counsel Millsaps and Solomon, sued Miller and NYCB, as well as Lewis and PL Firm (collectively, the "Underlying Actions"). In the Underlying Actions, Mrs. Berkowitz sought attorney's fees and costs, as well as damages. It appeared that judgments would be recoverable against each and all of Miller, NYCB, Lewis and PL Firm. 17. Throughout the course of Millsaps' and Solomon's representation in the Underlying Actions, Mrs. Berkowitz consistently made known both verbally and in writing that her goal was not solely to recover her own funds wrongfully taken by Lewis, but also to "stop Lewis" from being "able to do this to other people." Mrs. Berkowitz specifically instructed and authorized her counsel to hire investigators that would find the evidence necessary to compel and support a criminal prosecution of Lewis. 18. During the course of the heavily contested Underlying Actions, Millsaps and Solomon traced the transfer of $1,224,123.47 of the Berkowitzses' money and other financial 4 000175 assets into the PL Firm's "IOLTA" account (hereinafter, the "321 Account"), where it allegedly was co-mingled with the funds of other PL Firm "clients." Millsaps and Solomon traced the transfer of another $35 thousand of the Berkowitzes' money into a separate NYCB account (hereinafter, the "311 Account"). 19. During the course of the Underlying Actions, Millsaps and Solomon recovered the sum of $835,148.92 from Lewis and PL Firm for the benefit of Mrs. Berkowitz, which was paid from the funds in the 321 Account. Also due to the efforts of Millsaps and Solomon, NYCB "froze" the remaining funds in the 321 Account and 311 Account (together, the "NYCB Accounts"). 20. Due to the continued efforts of Millsaps and Solomon, Lewis eventually conceded that at least another $312,244 of the funds remaining in the 321 Account belonged to Mrs. Berkowitz. See "Summary of Bank Statement Activity" for Account 321 produced by Lewis and PL Firm in the Underlying Actions, annexed hereto as "Exhibit D." Lewis also did not dispute that the $35,000 remaining in the 311 Account belonged solely to Mrs. Berkowitz. In sum, Lewis admitted that an additional $34 7,244 of the funds in the NYCB Accounts belonged to Mrs. Berkowitz (the "Undisputed Funds"). 21. Despite demand, Lewis failed and refused to return either the Undisputed Funds or the additional significant damages sought by Mrs. Berkowitz (the "Additional Disputed Damages"). 22. On April I, 2014, PL Firm proposed to return $326,000 that remained in the 311 Account. 3 PL Firm's proposal would have allowed PL Firm to retain the $35,000 in the 311 3 Notably, Lewis's proposal to return the $326 thousand balance in the 311 Account included $14 thousand that Lewis claimed belonged to clients other than Mrs. Berkowitz. See Ex. B. 5 000176 Account that undisputedly belonged solely to Mrs. Berkowitz. Moreover, the proposal required Mrs. Berkowitz to execute a full release of all of her claims related to the Undisputed Funds, the significant Additional Disputed Damages, and her claim to attorney's fees and costs. Mrs. Berkowitz specifically instructed Millsaps to not accept this proposal. 23. Subsequently, Millsaps and Solomon prepared to move for summary judgment with respect to the Undisputed Funds which admittedly belonged to Mrs. Berkowitz and were sitting in the two frozen NYCB Accounts. 24. However, in late 2014, Millsaps and Solomon became concerned that Mrs. Berkowitz was suffering from diminished capacity4 and/or the undue influence of her caregivers, Sheryl Taylor ("Taylor") and her husband, Michel Tyson ("Telson"), in whose home Mrs. Berkowitz was then residing. Lewis filed suit against Taylor and Telson, who were former employees of PL Firm. After Lewis sued Taylor and Telson, Mrs. Berkowitz began making conflicting statements about how she wanted to proceed. At the same time, Taylor/Telson began pressuring Millsaps, stating that Mrs. Berkowitz wanted to immediately dismiss with prejudice her pending lawsuits against Lewis and PL Firm, without even attempting settlement, against her own self-interest. 25. It appeared that significant additional recoveries were being put at risk. As a result, Millsaps and Solomon petitioned for the appointment of a professional guardian for Mrs. Berkowitz. On December 4, 2015, Elizabeth Savitt ("Savitt") was appointed the emergency temporary guardian of Mrs. Berkowitz. On January 7, 2014, Savitt was appointed the limited guardian of Mrs. Berkowitz. 4 Mrs. Berkowitz had previously been examined for mental capacity in May 2013 and found to be "completely capacitated" at that time. See Exhibit E. 6 000177 26. Meanwhile, in view of the pending guardianship of their client, Millsaps and Solomon determined they were no longer able to continue as Mrs. Berkowitz's counsel, and on December 4, 2014, they moved to withdraw as Mrs. Berkowitz's attorneys in the Underlying Actions. 27. On December 8, 2014, Savitt filed an emergency motion to compel Mrs. Berkowitz's bank to provide her with access to Mrs. Berkowitz's financial records and to distribute all of her funds to Savitt as Mrs. Berkowitz's temporary guardian. The emergency motion was granted that same day. Also on December 8, 2014, Savitt went to Mrs. Berkowitz's bank to "open accounts." 28. However, on December 26, 2014, Savitt told Millsaps that Mrs. Berkowitz had "no money left" in her accounts, despite Millsaps' previously advising Savitt that Mrs. Berkowitz should have had close to half a million dollars remaining. 29. On January 26, 2015, Dean Rosenbach ("Rosenbach") and the Law Offices of Marshall E. Rosenbach substituted in as counsel for the Guardian (Savitt) and Mrs. Berkowitz in the Underlying Actions. 30. Savitt and her counsel Rosenbach never attempted to understand the complexities, difficulties encountered and overcome, or procedural postures of the Underlying Actions, the funds still due and owing to Mrs. Berkowitz from the 321 and 311 Accounts, the various claims asserted (including claims for attorney's fees and costs incurred), the damages suffered by Mrs. Berkowitz in addition to the loss of her savings, the roles the various parties (Lewis, PL Firm, attorney Miller, and AmTrust/NYCB) played in causing same, the recoverability of such damages, and the stated goal of Mrs. Berkowitz to "stop Lewis" from continuing to harm other victims. 7 000178 31. Instead, Savitt and Rosenbach moved almost immediately to settle the Underlying Actions for essentially whatever they could get without actually having to engage in litigation, despite the extensive work completed by Millsaps and Solomon as predecessor counsel to support Mrs. Berkowitz's claims. Within two (2) weeks of his January 26, 2015 substitution of counsel in the Underlying Actions, Rosenbach was engaged in discussions with counsel to set up a face to face settlement conference during mid-February 2015. 32. Settlement between the Guardian and Lewis, PL Firm, Miller, and NYCB (the "Settlement") was arranged in principal shortly thereafter and ultimately finalized during late May or early June 2015. 33. The Settlement failed Mrs. Berkowitz on many levels. After the total recovery of $835,148.92 obtained by Millsaps and Solomon, Mrs. Berkowitz was still due $423,974.55 from the $1,259,123.47 fraudulently obtained by Lewis and PL Firm. She also suffered significant out-of-pocket damages due to Lewis's fraudulent actions. In addition, Mrs. Berkowitz had paid her counsel reasonable attorney's fees and costs to pursue Ms. Lewis and her confederates. All of these amounts were potentially recoverable in the Underlying Actions. 34. Nevertheless, the Settlement provided Mrs. Berkowitz with total disbursements of only $261,000 (in payments of $100,000 and $161,000) from the NYCB Accounts significantly less than both the $347,244 previously conceded by Lewis and PL Firm as being due to Ms. Berkowitz, and the prior $326,000 proposal. 35. Savitt and Rosenbach were well aware of the amounts previously conceded by Lewis and PL Firm and their prior proposal -- as well as the fact that NYCB had frozen PL Firm's accounts -- having been advised as to same by Solomon and Millsaps. 8 000179 36. The Settlement dismissed with prejudice the claims against not only Lewis and PL Firm, but also against NYCB and attorney Miller - without NYCB or Miller having to pay so much as a penny to Mrs. Berkowitz in settlement of the negligence and malpractice claims against them. 37. Perhaps most shockingly, the Settlement allowed Lewis and PL Firm to obtain all of the remaining funds in the frozen NYCB Accounts, in the amount of approximately $100 thousand. Thus, the Settlement not only failed to effectuate Mrs. Berkowitz's stated desire to "stop Lewis," but instead released her victims' monies to Lewis to allow her to fund her continued fraudulent operations. 38. Further, it appears that attorney Rosenbach's fee was a contingency fee based on a percentage of the Settlement proceeds. Notably, the Settlement was paid from the NYCB Accounts that had been frozen by NYCB as the result of the efforts of Millsaps and Solomon. Thus, Rosenbach's fee constitutes a duplicative and excessive fee to Mrs. Berkowitz. 39. Savitt and Rosenbach did not seek authority from the Court before entering into the Settlement or distributing a fee to Rosenbach. Savitt and Rosenbach should not be heard now to move the Court for retroactive approval of the Settlement and Rosenbach's fee. A competent and unbiased successor Guardian should be appointed to review the propriety of the Settlement and Rosenbach's fee. 5 5 Savitt should never have been appointed as Guardian in the first place. The Statewide Public Guardian Office requires professional guardians to undergo credit as well as criminal history checks before being appointed. Here, on November 17, 2014 - less than a month before the guardianship appointment-a final judgment of foreclosure was entered against Savitt and her husband, showing a balance due of $308,328.04. A foreclosure sale was scheduled for March 17, 2015. See Exhibit F annexed hereto. However, on March 11, 2015, the bank in Savitt's foreclosure action filed a motion to cancel the pending sale, vacate the judgment, and dismiss the action, stating: "The parties have reached settlement whereby the indebtedness of Ms. Savitt to 9 000180 40. In addition to their negligent handling of the Underlying Actions, Savitt and Rosenbach never attempted to "find" the funds in excess of $400K that should have been remaining in Mrs. Berkowitz's accounts when Savitt took possession of such accounts. 41. Instead, Savitt continues to racket up unnecessary fees by using Settlement money to fund specious and unnecessary litigation against Millsaps and Solomon. Savitt' s Second Amended Complaint was so baseless that the Court ordered it dismissed in its entirety, without prejudice, on February 8, 2016, almost nine (9) months after the action was initially filed. 42. In her Motion to Dismiss, ii 10, Savitt states that the lawsuit against Millsaps and Solomon is "being prosecuted on a contingency basis causing absolutely no expense to the Ward." (emphasis supplied). As Savitt knows, that statement is categorically false. Savitt herselfhas charged fees as Guardian for time related to the baseless lawsuit. ARGUMENT In Hayes v. Guardianship of Thompson, 952 So. 2d 498, 505 (Fla. 2006), the Supreme Court addressed "the criteria for determining who qualifies as an 'interested person."' Id. at 507. "The meaning, as it relates to particular persons, may vary from time to time and must be determined according to the particular purpose of, and matter involved in, any proceedings." Id. The Hayes Court explicitly held: "[I]f the person is entitled to notice ... that person has standing to participate in the guardianship proceeding." Id. at 506 (emphasis supplied). Here, Millsaps as Petitioner in the Petition for Appointment of Emergency Temporary Guardian is indisputably entitled to notice and thus has standing to participate in this guardianship proceeding. Further, Millsaps and Solomon are interested persons, and have filed a Request for Notices and Copies of Pleadings as Interested Persons pursuant to Florida Probate Rule 5.060. [the bank] has been satisfied." See Exhibit G annexed hereto. On March 28, 2015, the bank executed a release of the mortgage of Savitt' s property. See Exhibit H annexed hereto. 10 000181 "In guardianship proceedings, the overwhelming public policy is protection of the ward." Id. at 505. An adversarial system promotes that public policy with its checks and balances. If Millsaps and Solomon are not allowed to remain as interested persons, Savitt's attempt to retroactively approve the Settlement and fees to Rosenbach will go forward as a non-adversarial "agreed-upon" matter, to the detriment of Mrs. Berkowitz. Mrs. Berkowitz has been defrauded and taken advantage of first by Lewis and PL Firm, Miller and NYCB, then by TaylorlTelson, and ultimately by Savitt and her attorneys, who have wasted, embezzled, and/or mismanaged Mrs. Berkowitz's assets. Savitt should be removed and replaced as Mrs. Berkowitz's Guardian. Respectfully Submitted, By: Isl Donna Greenspan Solomon DONNA GREENSPAN SOLOMON Florida Bar No.: 59110 Donna@SolomonAppeals.com SOLOMON APPEALS, MEDIATION & ARBITRATION 901 South Federal Hwy, Ste. 300 Ft. Lauderdale, FL 33316 Telephone: 561-762-9932 Webb Millsaps, Esq. Florida Bar Number: 0032414 WEBB MILLSAPS LAW FIRM, PA 160 West Camino Real, # 190 Boca Raton, FL 33432 Telephone: (561) 900-7238 Fax: (866) 741-0009 E-Mail: webb@webmillsapslaw.com 11 000182 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served via filing through the Florida e-filing portal to 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 2nd day of March, 2016. By: /s/ Donna Greenspan Solomon DONNA GREENSPAN SOLOMON 12 000183 Report Selection Criteria Case ID: 502014GA000630XXXXSB Docket Start Date: Docket Ending Date: Case Description Case ID: Case Caption: Division: Filing Date: Court: Location: Jury: Type: Status: 502014GA000630XXXXSB FRANCES BERKOWITZ GA IZ-TICKTIN Wednesday, December 03rd, 2014 GA - GUARDIANSHIP SB - SOUTH BRANCH N-NonJury PP - GUARDIANSHIP - PERSON/PROPERTY RO-REOPEN Related Cases 502014M H002294XXXXSB Case Event Schedule No case events were found. Case Parties Seq Assoc Expn # Date 1 T ype ID Name INCAPACITATED PERSON @3571324 BERKOWITZ, FRANCES PETITIONE~ 0032414 MILLSAPSJ ~BB·--· Aliases: none Aliases: none EXHIBIT A 1 000184 JUDGE IY COLIN, JUDGE MARTINH Aliases: none 4 JUDGE IZ TICKTIN, JUDGE JESSICA Aliases: none 5 PETITIONER @3518203 SAVITT, ELIZABETH Aliases: none Aliases: none 03DEC2014 3 6 5 ATTORNEY 0674567 7 1 GUARDIAN @3518203 SAVITT, ELIZABETH 2 000185 HAZELTINE ESQ., SHERI L Aliases: none Current Parties Please selectan parties on whose behalf you.are ~ubmlttlng this filing. ~ote.: to select multiple .Items, use CTRL·CLIC.~ for selection: ~Ess:MILLSAes_[eETITIONER ]) ELIZABETH SAVITT [PETITIONER J JUDGEHOWARD KCOATES JR [Judge l FRANCES BERKOWITZ [INCAPACITATED New Parties· If vour oartv does not aooear above. add the oartles ~ere. EXHIBITB 000186 from: fl~Nire@m~m~~cr~.mm [mailOO:~l~Nire@m~m~~crf$.mm] ~!nt: ~~~~a~, ~t~m~r ~I WH n~ ~~ · ~uDj!ct: ~c~~Kt ~~ m~~r ~~rn~c~r ~c ~~~~c~ ~ijimijijijijOJij~~ ~otite of ~ervite of tourt Dotuments ~·servite red~ients selette~ for servite: 000187 rex@hazeltinelaw.com Webb Millsaps webb@webbmillsaP-slaw.com wmillsaP-s@gmail.com webb@webbmillsaP-slaw.com wmillsaP-s@gmail.com E-service recipients deselected for service: Name IEmail Address No Matching Entries Filing Information Filing#: 21349020 Filing Time: 12/08/2014 02:24:29 PM ET Filer: Sheri L Hazeltine 561-243-4655 Court: Fifteenth Judicial Circuit in and for Palm Beach County, Florida Case#: 502014GA000630XXXXSB Court Case #: 2014GA000630 Case Style: IN RE: Guardianship of Not Available Documents Title File Application Of Guardian Berkowitz.Franes.Application of E Berkowitz.Frances.Oath of Guardi1 Oath This is an automatic email message generated by the Florida Courts E-Filing Portal. This email address does not receive email. Thank you, The Florida Courts E-Filing Portal request_id#: 21349020 ;Audit#: 72770516;UCN#: 502014GA000630XXXXSB; Page 2 of 2 000188 -··:.:---_-· 1 ···---·--------- . .:..:..:.·1 ·Prestigious life _Care . Summary of Bank Statement Activity (Account Fiom"Auo;tist 2012 Through Decembei"201'l' Berkowiti reiatad - ·. - ~pos\i~ _ Return of monies. Checks Interest income _. __ .__ ;_·I - ... - ..... _... ·: .c. I _11,l···••T 1,224,123 '"_Ja3s,149L .388,97_4 (79,386)" . :i,656 All Interest ;ilioca\ed"to Berkowiti monies 312,244 t?N~~1 oepostt Checks i:ieiiit m~irio (checks) 155,800. (141,523) (88) . 14;189: Bal~nce as of Dece~bedi, Z01lfPer above) "326,433 ' _326,433_ Balance (per "Monthly'.' tab)": i>roof o i' ' _I_ EXHIBITD Micompcl.002' 000189 000190 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA !"'<-..) c:;.i :z ANK N.A. AS SUCCESSOR BY ER TO CITIBANK, F.S.B., 0 -..::: -.I ijtintiff; ~ vs. ;i:,. 3:: -.. 0 ELIZAB~SAVITT, et al. , "lf! t=V•Oom r.=4· . 00 .· . ·~ r~' -.J ~-D-efi-~~o~·~~~~1 "~ENT FINAL JUDGMENT OF FORECLOSURE . This action wJ®.rd before the court on November 17, 2014. On the consent of the ~o parties: IT IS ADJUDGED l. Final J udgmerit t~ Gran~_mat judgment in entered is favor of plaintiff Citibank, N.A., as successor by merger 2. Amounts Due: ·t~~ FSB, Plaintiff, C~, .N.A., as successor by ~erger to Citibank, FSB, whose address is 1000 Tec;hnp~ve, O'Fallon, MO 63368, 1s due: Principal Interest from 9/l l/08 thru 11117 /l 4 Charges County Recording Fee Attorneys' Fees and Costs Total 3. $250,000.00 $43,084.84 $433.55 $10.60 $14,799.05 $308,328.04 Interest. The total amount in paragraph 2 shall beadnterest from this date forward at the prevailing rate. 129903010; n EXHIBIT F CFN 20140428981, OR BK27169PG1474,RECORDED 11/18/201416:21:12 Sharon R. Bock,CLERK & COMPTROLLER, Palm Beach County, NUM OF PAGES 5 000191 AMT: 4. Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(~), on the following described property in Palm Beach County, Florida: A PARCEL OF LAND LOCATED IN THE COUNTY OF P A.LM BEACH, STATE OF FLORIDA, AND KNOWN AS BEING LOT NUMBER 12 BLOCK 1 IN SABAL LAKES PHASE ONE AS o SHOWN IN THE RECORDED PLAT/MAP THEREOF IN PLAT ~rm BOOK 60 PAGE 188 OF PALM BEACH COUNTY RECORDS. ~v 0 ~operty a~dress: 4101 Satin Leaf Ct, Delray Beach, Florida 33445 5. Sale ~perty. If the total sum. with interest at the _rate described in .paragraph 3 and all cost?ed sub~equent to ffiiJ111d~n:ien;are not Baid, the clerk of th.ts court ~hall sell the J, prope~ public sale on V/1.#A.,(,/,t... J 201 S, to. the highest bidder for cash, except a~scnbed m paragraph 6: by el~ sale beginning at 10:00 a.m. on the prescribed date at: ~.mypalmbeachclerk~clerkauction.com 6 .. Costs. Plaintiff shal~ce all _subsequent costs ·Of this action and shall be reimbursed for them by the clerk i~f is not the purchaser of the property for sale, provided, however, that the purchas~f the p~operty fo~ sale shal! ~e _responsible for the documentary stamps payable ~e certificate of tttl.e. If plamt1ff ts the ·purchaser, the clerk shall cred:t .plaintiffs ~Jli the .total .sum with interest and. c~sts accruing subsequent to this Judgment, or· s~ of 11, as 1s necessary to pay the bid m full. 7, Distribution of Proceeds. On filing the certificate of title, the clerk shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, ail of plaintiffs costs; second, documentary stamps affixed to the certificate; third, plaintiffs attorney's fees; fourth, the total sum due to plaintiff, less the :items paid, plus interest at the rate prescribed in paragraph 3 from this date to the date of the sale; and by retaining any remaining amount pending the further order of this court. 8. Right of Redemption. On filing of the certificate of sale, defendant(s) and all persons claiming under or againstdefendant(s) since the filing of the notice of {ispendens shall be foreclosed of all estate or claim in the property, except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. (29903070; I} 2 - 000192 1475, 2 OF 5 CFN 20140428981 BOOK 27169 PAGE . ~·= . . ... ~-· . . ·.;~\ .. ··.:'.'\•- .. '·• 9. Right of Possession. Upon filing of the certificate of title, the person named on the certificate of title shall be let into possession of the property. 10. Jurisdiction Retained. Jurisdic.tion of this action is retained to enter further orders that are proper including, without limitation, except for a deficiency judgment which is waived. The Court also retains jurisdiction to permit the filing of supplemental ~mplaints for the forecl~sure of jun.ior lienholders,. m~tions to compel redemption and a~t Citibank~ N.A. {30510367;1) l l 1 j EXHIBIT G ***FILED: PALM BEACH COUNTY,. FL SHARONR BOCK, CLERK. 3/11/2015 5:40:45 PM*** 000196 4 CBNA is also entitled to the return oftbe original note and mortgage filed with the Court on July 16, 2010. CBNA requests the Court enter an order: (i) canceling the March 17, 2015 foreclosure sale; (ii) vacating the final judgment of foreclosure in its entirety; (iii) dismissing this action in its entirety with prejudice; (iv) ordering the clerk to return the original note and mortgage; and, (v) granting CBNA such further relief as the Court deems just and proper. AKERMANLLP r- By: ls/Eric M Levine VICTORR. BERWIN FloridaBarNo.: 823821 Primary E-mail: victor.berwin@akerman.com Secondary E-mail: mruy.wyatt@akerman.com ERIC M. LEVINE Florida Bar No.: 64357 Primary E-mail: eric.levine@akerman.com Secondary E-mail: elisa.waites@akerman;com 777 South Flagler Drive, Suite 11 OOW West Palm Beach, Florida 33401 Telephone: 561-671...;3626 Facsimile: 561-659-6313 -andWILLIAM P. HELLER Florida Bar No.: 987263 Primary E-mail: william.heller@akerman.com Secondary.E-mail: lorraine.corsaro@akerman.com Las Olas CentreII, Suite 1600 350 EastLas Olas Boulevard Fort Lauderdale, Florida 33301-2229 Telephone: 954-463-2700 Facsimile: 954-463-2224 Counselfor·CBNA {305l0367;1} 2 000197 I hereby certify that on March 11, 2015, I served a copy of the foregoing by electronic mail ~r regular mail to: James A. Bonfiglio, Esq. Law Offices ofJarnes A. Bonfiglio, P.A. P.O. Box 1489 Boynton Beach, Florida 33425-1489 Tilalawyer@aol.com Attoruey for Elizabeth Savitt Molly Wander, Esq. Morris, Hardwick, Schneider, LLC 5110 Eisenhower Blvd. Tampa, Florida 33634 l\1HSinbox@closingsource.net Attor11ey for Citiba11k~ N.A. Sabel Lakes Homeowner Assoc .• Inc. c/o Registered Agent Sachs & Sax, P.A. 301 Yamato Road, Suite 4150 Boca Raton, Florida 33431 Isl Eric M Levine Eric M. Levine (30510367;1} 3 000198 11111 II ~I II fil ~ 11J MI~ HI I fi 11WIMl11~ 11111 CFN 20150206995 OR BK 27582 PG 0182 RECORDED 06/04/2015 13:30:26 Pala Beach County. Florida Sharon R. Bock,CLERK & CO"PTROLLER Recording Requested By: VERDUGO TRUSTEE SERVICE CORPORATION Pg 0182; tlpgl H SAVITT TIN LEAF CT 0 ~ ~~ 1 1 1 1 1m 1 1 1 1 1 ~1~1 1 1 1 1 ~1rn1 1 1 1 1 1 1 RELEASE OF MORTGAGE CUSTOM #:2908234~AVITT" Lender 10:2209 Palm Beach, Florida PIF: KNOW ALL MEN BBtff!THSE PRESENTS that CITIBANK, N.A. AS SUCCESSOR IN INTEREST BY MERGER TO INGS BANK whose address is 111 WALL STREET, NEW YORK, NY 10005-000, the CITIBANK, FEDERA present Mortgagee of ertain Mortgage, whose parties, dales and recording information are below, does hereby cancel and discharge sai~rtgage. ELIZA~AVITT, AN UNMARRIED WOMAN Original Mortgagor: Original Mortgagee: CITIBA , Dated: 02117/2006 Recorded: 20060124836 in the County of OERAL SAVINGS BANK ;?&006 in Book/Reel/Uber: OR 19997 Page/Folio: 87 as Instrument No.: ch State of Florida THE COUNTY OF PALM BEACH, STATE OF FLORIDA, AND KNOWN Legal: A PARCEL OF lAND LOCA AS: BEING LOT NUMBER 12 BLOC·~~"'BAL LAKES PHASE ONE AS SHOWN IN THE RECORDED GE 188 OF PALM BEACH COUNTY RECORDS. PLAT/MAP THEREOF IN PLAT BOOK Property Address: 4101 SATIN LEAF CT,~YBEACH, FL 33445 IN WITNESS WHEREOF, CITIBANK, N.A. A~ESSOA IN INTEREST BY MERGER TO CITIBANK, FEDERAL SAVINGS BANK by the officers duly authoriz~ly executed the foregoing instrument. CITIBANK, N.A. AS SUCCESSOR IN INTEREST BY MERGER I 0 Cl 1lBANK, FEDERAL SAVINGS BANK On~/'\ By: /( (JJ cmBAN = CZ"' ~ ~ Copy provided to: Sheri L. Hazeltine, Esq. 800 Palm Trail, Suite 3 Delray Beach, Florida 33483 I\ r-1 000200 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN. AND FORPALM BEACHCOUNTY, FLORIDA Case No. 502014GA000630XXXXNB Division: IJ IN RE: GUARDIANSHIP OF: FRANCES BERKOWITZ, ORDER AUTHORIZING PAYMENT OF ATTORNEYS.FEES AND COSTS On the petition filed February 2, 2016 ofSheri L. Hazeltine, Esq. for an order authorizing payment of attorney's fees for services rendered.and expenses incurred for her representation of ELIZABETH SAVITT, the limited guardian of the Ward, for the benefit of the Ward, FRANCES BERKOWITZ, the courthaving examined the file in this proceeding and having considered' the evidence presented regarding the criteria established under the Florida Guardianship law, and that the material allegations of the petition are true and being otherwise fully adjudged, it is ADmDGED as follows: 1. The sumof$J59.88 is a reasonable fee.forthe services of Sheri L. Hazeltine, Esq. for the period from January 12, 20.16 through February 2, 20J6, 2. The limited guardian of the Ward is authorized .and directed to pay that fee of $159.88 to Ms.Hazeltine from the assets of the Ward's estate, for a total of$159.88 within five (5) days [rom the date of this Order. DONE and ORDERED on this 10th day of - Beach County, Florida. K. COATESi~ - . · -o 0 ~ s::.c:.- ,.<. Copy provided to: Sheri L. Hazeltine, Esq., 800 P,alm Trail, Suite 3, Delray Beach, Florida 33483 ;~~ · :r.: : 'c.:.> ~}.·:·, :. fully adjudged, it is -r\ ~ -::..-·-~_:.i -- ~ :;;#,--:_. ::_ ,_. ADJUDGED as follows: o?:' ("i c -;t:t? 1. The sum of $375.41 is a reasonable fee for the services of Sheri L. Hazett~ -"'-O ~ .-v c:. • Esq. for the period from April 17, 2015 through January 22, 2016. ::_;;-:t:. n ~~~·S .- \ ......-:--, .. -o ~ (>) ~ ·:;_-:: s:. "' 2. The limited guardian of the Ward is authorized and directed to pay that fee of $375.41 to Ms. Hazeltine from the assets of the Ward's estate, for a total of $375.41 within five (5) days from the date ofthis Order. ·o DONE and ORDERED on this/_ day of ~, 2016 at 9el~' ~s Beaca, Palm Beach County, Florida. CIRCUIT JUD E ~~~UJ..;JY-4-r ):. . c_ aA. t e_J, S12 . /Jo v..J A ru) Copy provided to: Sheri L. Hazeltine, Esq., 800 Palm Trail, Suite 3, Delray Beach, Florida 33483 000202 \ \ ' ~\ \..-" Filing# 39305928 E-Filed 03/22/2016 11:45:54 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502014GA000630XXXXNB Division: "U" IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ MOTION FOR ATTORNEY'S FEES AND INTEREST PURSUANT TO§ 57.105, FLORIDA STATUTES COMES NOW, ELIZABETH SAVITT ("Ms. Savitt"), as Limited Guardian of the Person and Plenary Guardian of the Property of FRANCES BERKOWITZ (the Ward), by and through her undersigned counsel, pursuant to § 57.105, Florida Statutes, and/or pursuant to the Court's inherent power to impose sanctions upon finding that the Petitioners, DONNA GREENSPAN SOLOMON and WILLIAM WEBSTER MILLSAPS ("Petitioners"), presented an unsupported and unmeritorious claim, and requests the Court enter an Order of Sanctions against the Petitioners and their counsel for filing and/or prosecuting an unmeritorious claim. Ms. Savitt requests the Order of Sanctions provide the Ward with her reasonable attorney fees and costs incurred in the defense of Petitioners' claim in an amount to be determined by this Court. The conduct of Petitioners and their counsel as described below has forced the Guardian on behalf of the Ward to file this motion and seek the remedies sought herein. 1. On or about February 13, 2016, Petitioners filed a Petition for Removal of Guardian, Elizabeth Savitt, Based on Wasting, Embezzlement and/or Mismanagement of Ward's Property (the "Petition") in the guardianship seeking removal of Elizabeth as guardian for the Ward. 2. Petitioners have falsely summarily pled that they are interested persons in the guardianship without any facts in support thereof and without ever filing a notice under Rule 5.060 of the Probate Code. 3. Ms. Savitt has filed herein a Motion to Dismiss the Petition which outlines Petitioners' lack of standing. 4. Petitioners are fully aware of the legal authority outlined in the Motion to Dismiss and should know that they do not have any standing in the guardianship to bring an action for removal of the guardian. 5. Petitioners have included allegations in their Petition which are wholly irrelevant, immaterial, inflammatory and scandalous personal attack allegations against Ms. Savitt which have nothing to do with whether Ms. Savitt has breached her fiduciary duty and should be removed as guardian in Paragraphs 13, 14, 15, 16, 50, 53, 64, 65, 70 and 71 and are further evidence of a bad faith filing. 1 000203 FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 03/22/2016 11 :45:54 AM 6. Petitioners should be sanctioned pursuant to section 57.105(1)(a) and (b), Florida Statutes for filing a petition or failing to dismiss the Petition that was filed in bad faith, or which is improper and frivolous, is not supported by the material facts necessary to establish the claims and is not supported by the application of thenexisting law to those material facts. WHEREFORE, based on the facts and authorities set forth herein, and the Court's inherent power to impose sanctions upon finding a party that has presented or failed to withdraw an unsupported and unmeritorious claim, ELIZABETH SAVITT, as Limited Guardian of the Person and Plenary Guardian of the Property of FRANCES BERKOWITZ, respectfully requests that the Court enter an Order entitling the Ward to an award of attorney's fees and interest from the Petitioners and Petitioners' counsel in an amount to be determined later by this Court, pursuant to Section 57 .105, Florida Statutes, and the inherent power of the Court, and granting such other and further relief to the Ward, as this Court deems just and proper. I HEREBY CERTIFY that a copy of the foregoing was served via the e-Portal on this 22nd day of March, 2016, to Donna Greenspan Solomon, Esq., SOLOMON APPEALS, MEDIATION & ARBITRATION, 901 South Federal Highway, Suite 300, Fort Lauderdale, FL 33316 and Webb Millsaps, Esq., WEBB MILLSAPS LAW FIRM, PA, 160 West Camino Real, #190, Boca Raton, FL 33432 and via e-mail to Mrs. Frances Berkowitz, c/o Elizabeth Savitt, 501 N. Country Club Drive, Atlantis, FL 33462. Ellen S. Morris, Esq. Attorney for the Guardian Florida Bar No. 850306 ELDER LAW ASSOCIATES PA 7284W. Palmetto Park Road, Suite 101 Boca Raton, Florida 33433 Telephone: (561) 750-3850 Facsimile: (561) 750-4069 Primary e-mail: emorris@elderlawassociates.com Secondary e-mail: lrubin@elderlawassociates.com Secondary e-mail: clawrence@elderlawassociates.com 2 000204 Filing# 40418736 E-Filed 04/19/2016 09:10:49 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: PROBATE DIVISION "IJ" GUARDIANSHIP OF FRANCES BERKOWITZ CASE NO. 502014GA000630XXXXNB PETITION FOR ORDER DESIGNATING DEPOSITORY FOR ASSETS WITH INVESTMENT POWERS AND APPROVING MONTHLY BUDGET AND TRANSFERS Petitioner, Elizabeth Savitt, alleges: 1. Petitioner is the duly appointed limited guardian of the person and property of Frances Berkowitz (the Ward). 2. Petitioner has possession of the following assets of the Ward: SunTrust Checking Account ending in No. SunTrust Savings Account ending in No. SunTrust Checking Account ending in No. - 3. As of March 2016, SunTrust Checking Account ending in No.-· which is the guardianship operating account, has a balance of $7,710.53 and SunTrust Savings Account ending in No.-' has a balance of$184,393.76. 4. The SunTrust Checking Account ending in is a small checking account with. a linked debit card which Petitioner has been funding monthly in small increments for use by the Ward's aides for the Ward's food, meals out, trips to the hair salon and incidentals as needed. As of March 2016, the account had a balance of $499.97. 5. The Ward's only income currently consists of Social Security payments in the amount of $954.00 per month, which payments are currently being deposited into -ardianship operating account referenced in Paragraph 3 above ending in 6. In addition to the foregoing assets and income, the Ward, by and through her guardian's litigation attorney, is engaged in a civil lawsuit against her former attorneys which may result in the recovery of additional funds to the Ward. 7. Petitioner desires to deposit the funds in the Savings Account ending in No. into a depository as provided by Sections 69.031 and 744.351, Florida Statutes and transfer aJI of the Ward's funds to the depository bank. 000205 FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 04/19/2016 09:10:49 AM 8. Comerica Bank/Comerica Securities ("Comerica") is willing to act as depository for the assets belonging to the Ward. 9. Petitioner requests that she be authorized to close the Ward's savings account at SunTrust Bank ending in and deposit the proceeds into the restricted depository account to be established at Comerica with investment powers. 10. Petitioner further requests that she be authorized to close the guardianship operating account at SunTrust Bank ending mmand transfer the funds to a new unrestricted operating guardianship account to be established at Comerica. 11. Petitioner also requests that she be authorized to close the small checking account at SunTrust Bank ending in and transfer the funds to a new small checking account to be established at Comerica with a debit card linked to the account for use by the Ward's aides. 12. The Ward's current approximate monthly expenses that the guardian pays consist of the following: DESCRIPTION 13. EXPENSES Assisted Living Facility Medication/Pharmacy Telephone Aide/Companion Miscellaneous $3,350.00 $150.00 $65.00 $480.00 $50.00 TOTAL: $4,095.00 As referenced above, the Ward's currently monthly expenses that the Ward's aides pay using a debit card consist of the following: DESCRIPTION EXPENSES Groceries/Kosher food Clothing Restaurants/Eating Out Pharmacy Hair Salon $90.00 $50.00 $80.00 $10.00 $30.00 TOTAL: 14. $260.00 Petitioner requests authority to re-direct the Ward's Social Security income from the guardianship operating account at SunTrust Bank ending i n - to the new unrestricted operating account to be established at Comerica. 000206 15. Petitioner requests authority to transfer the net amount of $3,40LOO, each month ($4,355.00 in total expenses less $954.00 in income) from the restricted account to be established at Comerica to the unrestricted operating checking account to be established at Comerica, to pay the Ward's expenses outlined in Paragraph 12 above from the unrestricted account. 16. Further, Petitioner requests authority to transfer up to $260.00 each month from the unrestricted operating account to be established at Comerica to a new small checking account to be established at Comerica and to obtain a debit card to the small checking account for use by the Ward's aides as needed to pay for the expenses outlined in Paragraph 13 above. 17. The Ward has sufficient income and assets to pay for the expenses outlined above and the amounts requested are reasonable in light of the Ward's financial status as the funds should be used for her benefit during her lifetime. WHEREFORE, Petitioners request the Court enter an Order, as follows: (a) Designating Comerica Bank/Comerica Securities as depository for the assets belonging to the Ward with investment powers. (b) Authorizing the guardian to close the savings account at SunTrust bank ending in No. and deposit the proceeds into the restricted depository account to be established at Comerica Bank/Comerica Securities with investment powers. (c) Authorizing the guardian close the guardianship operating account at SunTrust Bank ending in-and deposit the proceeds into a new unrestricted operating account to be established at Comerica Bank/Comerica Securities. (d) Authorizing the guardian to close the small checking account at SunTrust Bank ending in No. and deposit the proceeds into a new and separate small unrestricted checking account to be established at Comerica Bank/Comerica Securities and to obtain a debit card linked to the checking account for use by the Ward's aides. (e) Approving the monthly budgets for the Ward and authorizing Comerica Bank/Comerica Securities to transfer $3,401.00 each month from the restricted depository account to be established to the unrestricted guardianship operating account to be established. (f) Authorizing the guardian to transfer up to $260.00 each month from the unrestricted guardianship operating account to be established at Comerica Bank/Comerica Securities to the separate small unrestricted checking account to be established at Comerica Bank/Comerica Securities for use by the Ward's aides. 000207 (g) Authorizing the guardian to re-direct the deposit of the Ward's monthly Social Security payments into the unrestricted guardianship operating account to be established at Comerica Bank/Comerica Securities. Under penalties of perjury, we declare that we have read the foregoing, and the facts alleged are true, to the best of our knowledge and belief. Signed on this~ day of April, 2016. Ellen S. Monis, Esq. Attorney for Petitioner Florida Bar Number: 850306 ELDER LAW ASSOCIATES PA 7284 W. Palmetto Park Road, Suite 101 Boca Raton, FL 33433 Telephone: (561) 750-3850 Fax: (561) 750-4069 E-Mail: emorris@elderlawassociates.com Secondary E-Mail: !rubin@elderlawassociates.com Secondary E-Mail: clawrence@eJderlawassociates.com CERTIFICATE OF SERVICE ~ I HEREBY CERTIFY that a copy of the foregoing was served via the e-Portal on this \l day of April, 2016, to .Donna Greenspan Solomon, Esq., SOLOMON APPEALS, MEDIATION & ARBITRATION, 901 South Federal Highway, Suite 300, Fort Lauderdale, FL 33316 and Webb Millsaps, Esq., WEBB MILLSAPS LAW FIRM, PA, l(J() West Camino Real, #190, Boca Raton, FL33432 and via e-mail to Mrs. Frances Berkowitz, c/o Elii.abeth Savitt. Ellen S. Morris, Esq. Florida Bar No. 850306 000208 Filing# 40701167 E-Filed 04/25/2016 11 :23:46 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000630XXXXNB Division: IJ IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ PETITIONERS' MOTION TO STRIKE GUARDIAN'S NOTICE OF SPECIAL SET HEARING Petitioners/Interested Persons, WILLIAM WEBSTER MILLSAPS, Esq. ("Millsaps, Esq."), and DONNA GREENSPAN SOLOMON, Esq. ("Solomon, Esq."), hereby file this Motion to Strike Guardian's Notice of Special Set Hearing, and in support thereof state as follows: 1. Millsaps, Esq., is a party to the instant action by virtue of the fact that Millsaps, Esq., is the Petitioner who requested the Court to determine capacity and, if needed, appoint a guardian in the first place for the ward, Frances Berkowitz ("Mrs. Berkowitz"). 2. Mrs. Berkowitz was the client of Millsaps, Esq., and his co-counsel, Solomon, Esq., who has also appeared in this case as an interested party. Millsaps, Esq., was also a personal friend of Mrs. Berkowitz and her late husband, Jerry Berkowitz. 3. A petition to remove Elizabeth Savitt ("Savitt") as the guardian of Mrs. Berkowitz, filed by Millsaps, Esq. and Solomon, Esq. (together, "Petitioners"), is currently pending. Petitioners have alleged that Savitt has not properly handled the guardianship of Mrs. Berkowitz, has squandered resources, and has failed to account for Mrs. Berkowitz's assets. 4. On Thursday, April 21, 2016, Savitt filed a Notice of Special Set Hearing, setting a hearing for Tuesday, April 26, 2016, on her Petition for Order Designating Depository for Assets with Investment Powers and Approving Monthly Budget and Transfers ("Petition for Order"). 000209 FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 04/25/2016 11 :23:46 PM 5. The hearing was unilaterally set with only three (3) business days' notice and without confirming the hearing time with Petitioners, who are not available at the time of the April 26, 2016 hearing. 6. Petitioners have asked Savitt's attorney, Ellen Morris ("Morris"), to reschedule the hearing at a mutually agreed-upon time, but attorney Morris has refused. 7. The Notice of Special Set Hearing should be stricken for the failure to coordinate the hearing date with Petitioners. 8. Further, Petitioners' petition for removal of Savitt as guardian should be heard prior to entry of any order on Savitt's Petition for Order. WHEREFORE, Petitioners respectfully request that this Court enter an order striking Savitt's Notice of Special Set Hearing and for all other relief that the Court deems appropriate under the circumstances. Respectfully Submitted, By: /s/ Donna Greenspan Solomon DONNA GREENSPAN SOLOMON Florida Bar No.: 59110 Donna@SolomonAppeals.com SOLOMON APPEALS, MEDIATION & ARBITRATION 901 South Federal Hwy, Ste. 300 Ft. Lauderdale, FL 33316 Telephone: 561-762-9932 WEBB MILLSAPS Florida Bar No: 0032414 webb@webmillsapslaw.com WEBB MILLSAPS LAW FIRM, PA 160 West Camino Real, # 190 Boca Raton, FL 33432 Telephone: (561) 900-7238 2 000210 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served via filing through the Florida e-filing 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 25th day of April, 2016. By: /s/ Donna Greenspan Solomon DONNA GREENSPAN SOLOMON 3 000211 Filing# 40887839 E-Filed 04/29/2016 11 :20:20 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT Ii~ AND FOR PALM BEACH COUNTY, FLORIDA IN RE: GUARDIANSHIP OF PROBATE DIVISION "IJ" FRANCES BERKOWITZ CASE NO. 502014GA000630XXXXNB PETITION TO EXTEND TIME FOR FILING ANNUAL ACCOUNTING Petitioner, Elizabeth Savitt, by and through her undersigned counsel, alleges: 1. Petitioner is the duly appointed Limited Guardian of the Person and Property of Frances Berkowitz, the Ward. 2. Petitioner cannot file the Annual Accounting for the period covering December 4, 2014 through January 31, 2016, in accordance with F.S. 744.367 and 744.3678 within the time specified because Petitioner needs additional time to prepare and complete the Annual Accounting. 3. Petitioner estimates that it will be possible to file the Annual Accounting within thirty (30) days. WHEREFORE, Petitioner requests that an order be entered extending the time for filing the Annual Accounting until June 1, 2016. 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. I HEREBY CERTIFY that a copy of the foregoing was served on this 29th day of April, 2016, via e-mail to Mrs. Frances Berkowitz, c/o Elizabeth Savitt. /s/ Ellen S. Morris, Esq. Ellen S. Morris, Esq. Attorney for Guardian Florida Bar Number: 850306 ELDER LAW ASSOCIATES PA 7284 W. Palmetto Park Road, Suite 101 Boca Raton, FL 33433 Telephone: (561) 750-3850 Fax: (561) 750-4069 E-mail: emorris@elderlawassociates.com Secondary E-mail: lrubin@elderlawassociates.com Secondary E-mail: clawrence@elderlawassociates.com 000212 FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 04/29/2016 11 :20:20 AM Filing# 41022688 E-Filed 05/03/2016 02:46:36 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: GUARDIANSHIP OF PROBATE DIVISION "IJ" FRANCES BERKO\VITZ CASE NO. 502014GA000630XXXXNB ORDER EXTENDING TIME FOR FILING ANNUAL ACCOUNTING THIS CAUSE crune before the Court upon the Petition of Elizabeth, Savitt, as Limited Guardian of the Person and Property of Frances Berkowitz (the Ward) to Extend Time for Filing Annual Accounting, and the Court, finding that the allegations contained in the Petition are true and that the request for extension of time is reasonable, and being otherwise fully advised, it is I. 2. The Petition for extension of time is hereby GRANTED. The Guardian of the Property shall file the Annual Accounting for the period ~ Ct. ~. DONE AND ORDERED on this J~ day of Gardens, Palm Beach County, Florida. yV'\'=J ,2016, at Palm Beach HONORAi3LEHOWKCOS, JR. Circuit Judge Copies furnished to: Ellen S. Morris, Esq. ELDER LAW AS SOCIATES PA 7284 W. Palmetto Park Road, Suite 101 Boca Raton, FL 33433 000213 FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 05/03/2016 02:46:36 PM Filing# 40987412 E-Filed 05/03/2016 12:10:12 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000630XXXXNB Division: IJ IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ PETITION TO VACATE SETTLEMENT OF UNDERLYING ACTIONS AND TO SET ASIDE DISMISSALS BASED ON FRAUD ON THE COURT IN FAILING TO OBTAIN COURTAPPROVALFORSETTLEMENT Petitioners/Interested Persons, WILLIAM WEBSTER MILLSAPS, Esq. ("Millsaps"), and DONNA GREENSPAN SOLOMON, Esq. ("Solomon"), pursuant to Florida Rule of Civil Procedure 1.540 and section 744.387, Florida Statutes, hereby file this 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, and in support thereof state as follows: 1. Millsaps is a party to the instant action by virtue of the fact that Millsaps is the Petitioner who requested the Court to determine capacity and, if needed, appoint a guardian in the first place for the then alleged incapacitated person and now ward, Frances Berkowitz ("Mrs. Berkowitz"). 2. Mrs. Berkowitz and her late husband Jerry Berkowitz ("Mr. Berkowitz" and together with Mrs. Berkowitz, the "Berkowitzes") were the clients of Millsaps and his cocounsel, Solomon, who has also appeared in this case as an interested party. Millsaps was also a personal friend of the Berkowitzes. 3. During 2013 and 2014, Millsaps and Solomon (together, "Petitioners") represented the Berkowitzes in several complex, interrelated matters (the "Underlying Actions"), including: 000214 FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 05/03/2016 12:10:12 AM a. Berkowitz et al. v. Lewis et al., Case No. 502013CA-005491XXXX MBAJ, in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Fla. (the "Fraud Action"); b. Berkowitz et al. v. Amtrust Bank et al., Case No. 2013CA017397, in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Fla. (the "Negligence Action"); and c. New York Cmty Bank v. Berkowitz et al., Case No. 2014-CA-000606-MB, in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Fla. (the "lnterpleader Action"). 4. Subsequent to Mr. Berkowitz's death during the course of the Underlying Actions, Petitioners represented Mrs. Berkowitz in both her individual capacity and as Personal Representative for Mr. Berkowitz's estate. 5. The Underlying Actions all arose from a massive fraud perpetrated by Princella Lewis ("Lewis") and her company, Prestigious Lifecare for Seniors LLC f/k/a PL Firm, LLC ("PL Firm"). Lewis and PL Firm had defrauded the elderly Berkowitzes of their entire life savings of over $1.2 million. 6. Attorney Glenn Ricardo Miller ("Miller") had aided and assisted in the fraud by having the Berkowitzes execute powers of attorney and designations of healthcare surrogate documents that gave Lewis and PL Firm immediate power and control over the Berkowitzes' money and healthcare decisions. 7. New York Community Bank d/b/a AmTrust Bank ("NYCB" or "AmTrust") also assisted in the fraud by opening an "IOLTA" trust account for PL Firm, despite the fact that Princella Lewis is not an attorney and PL Firm is not a law firm. Lewis was able to use the IOLTA account to convince the Berkowitzes that monies given to Lewis would be held "in trust" for the care and benefit of the Berkowitzes. When NYCB realized that PL Firm is not a law firm and thus was not authorized to open an IOLTA account, it simply, and negligently, converted the 2 000215 "IOLTA" account into a regular commercial account belonging to PL Firm, without any regard for the substantial funds that had been deposited "in trust" into the account. 8. Throughout the course of the Underlying Actions, Mrs. Berkowitz consistently made known to Petitioners both verbally and in writing that her goal was not solely to recover her own funds wrongfully taken by Lewis, but also to "stop Lewis" from being "able to do this to other people." Mrs. Berkowitz specifically instructed and authorized her counsel to hire investigators that would find the evidence necessary to compel and support a criminal prosecution of Lewis. 9. During the course of the heavily contested Underlying Actions, Petitioners traced the transfer of $1,224,123.47 of the Berkowitzses' money and other financial assets into the PL Firm's "IOLTA" account (hereinafter, the ' Account"), where it allegedly was co-mingled with the funds of other PL Firm "clients." Petitioners traced the transfer of another $35 thousand of the Berkowitzes' money into a separate NYCB account (hereinafter, the 10. 'II Account"). Petitioners eventually recovered the sum of $835,148.92 from Lewis and PL Firm for the benefit of Mrs. Berkowitz, which was paid from the funds in the. Account. Also due to the efforts of Petitioners, NYCB "froze" the remaining funds in the II Account and • Account (together, the "NYCB Accounts"). 11. Due to the continued efforts of Petitioners, Lewis eventually conceded that at least another $312,244 of the funds remaining in the I Account belonged to Mrs. Berkowitz. See "Summary of Bank Statement Activity" for Account 321 produced by Lewis and PL Firm in the Underlying Actions, annexed hereto as "Exhibit A." Lewis also did not dispute that the $35,000 remaining in the Account belonged solely to Mrs. Berkowitz. In sum, Lewis admitted that an additional $34 7,244 of the funds in the NYCB Accounts belonged to Mrs. 3 000216 Berkowitz (the "Undisputed Funds"). 12. Despite demand, Lewis failed and refused to return either the Undisputed Funds or the additional significant damages sought by Mrs. Berkowitz (the "Additional Disputed Damages"). 13. On April I, 2014, PL Firm proposed to return $326,000 that remained in t h e . Account. 1 PL Firm's proposal would have allowed PL Firm to retain the $35,000 in the 311 Account that undisputedly belonged solely to Mrs. Berkowitz. Moreover, the proposal required Mrs. Berkowitz to execute a full release of all of her claims related to the Undisputed Funds, the significant Additional Disputed Damages, and her claim to attorney's fees and costs. Mrs. Berkowitz specifically instructed Millsaps to not accept this proposal. 14. Subsequently, Petitoners prepared to move for summary judgment with respect to the Undisputed Funds, which admittedly belonged to Mrs. Berkowitz and were sitting in the two frozen NYCB Accounts. 15. However, in late 2014, Petioners became concerned that Mrs. Berkowitz was suffering from diminished capacity2 and/or the undue influence of her caregivers, Sheryl Taylor ("Taylor") and her husband, Michel Tyson ("Telson"), in whose home Mrs. Berkowitz was then residing. Lewis filed suit against Taylor and Telson, who were former employees of PL Firm. After Lewis sued Taylor and Telson, Mrs. Berkowitz began making conflicting statements about how she wanted to proceed. At the same time, Taylor/Telson began pressuring Millsaps, stating that Mrs. Berkowitz wanted to immediately dismiss with prejudice her pending lawsuits against 1 Notably, Lewis's proposal to return the $326 thousand balance in the 311 Account included $14 thousand that Lewis claimed belonged to clients other than Mrs. Berkowitz. See Ex. A. 2 Mrs. Berkowitz had previously been examined for mental capacity in May 2013 and found to be "completely capacitated" at that time. 4 000217 Lewis and PL Firm, without even attempting settlement, against her own self-interest. 16. It appeared that significant additional recoveries were being put at risk. As a result, Millsaps petitioned for the appointment of a professional guardian for Mrs. Berkowitz. On December 4, 2015, Elizabeth Savitt ("Savitt") was appointed the emergency temporary guardian of Mrs. Berkowitz. On January 7, 2014, Savitt was appointed the limited guardian of Mrs. Berkowitz. 3 17. Meanwhile, m view of the pending guardianship of their client, Petitioners determined they were no longer able to continue as Mrs. Berkowitz's counsel, and on December 4, 2014, they moved to withdraw as Mrs. Berkowitz's attorneys in the Underlying Actions. 18. On December 8, 2014, Savitt filed an emergency motion to compel Mrs. Berkowitz's bank to provide her with access to Mrs. Berkowitz's financial records and to distribute all of her funds to Savitt as Mrs. Berkowitz's temporary guardian. The emergency motion was granted that same day. Also on December 8, 2014, Savitt went to Mrs. Berkowitz's bank to "open accounts." 19. However, on December 26, 2014, Savitt told Millsaps that Mrs. Berkowitz had "no money left" in her accounts, despite Millsaps' previously advising Savitt that Mrs. Berkowitz should have had close to half a million dollars remaining. 20. On January 26, 2015, Dean Rosenbach ("Rosenbach") and the Law Offices of 3 Savitt should never have been appointed as Guardian in the first place. The Statewide Public Guardian Office requires professional guardians to undergo credit as well as criminal history checks before being appointed. Here, on November 17, 2014 - less than a month before the guardianship appointment-a final judgment of foreclosure was entered against Savitt and her husband, showing a balance due of $308,328.04. A foreclosure sale was scheduled for March 17, 2015. However, on March 11, 2015, the bank in Savitt's foreclosure action filed a motion to cancel the pending sale, vacate the judgment, and dismiss the action, stating: "The parties have reached settlement whereby the indebtedness of Ms. Savitt to [the bank] has been satisfied." On March 28, 2015, the bank executed a release of the mortgage of Savitt's property. 5 000218 Marshall E. Rosenbach substituted in as counsel for the Guardian (Savitt) and Mrs. Berkowitz in the Underlying Actions. 21. Savitt and her counsel Rosenbach never attempted to understand the complexities, difficulties encountered and overcome, or procedural postures of the Underlying Actions, the funds still due and owing to Mrs. Berkowitz from the I I and Accounts, the various claims asserted (including claims for attorney's fees and costs incurred), the damages suffered by Mrs. Berkowitz in addition to the loss of her savings, the roles the various parties (Lewis, PL Firm, attorney Miller, and AmTrust/NYCB) played in causing same, the recoverability of such damages, and the stated goal of Mrs. Berkowitz to "stop Lewis" from continuing to harm other victims. 22. Instead, Savitt and Rosenbach moved almost immediately to settle the Underlying Actions for essentially whatever they could get without actually having to engage in litigation, despite the extensive work completed by Petitioners as predecessor counsel to support Mrs. Berkowitz's claims. Within two (2) weeks of his January 26, 2015 substitution of counsel in the Underlying Actions, Rosenbach was engaged in discussions with counsel to set up a face to face settlement conference during mid-February 2015. 23. Settlement between the Guardian and Lewis, PL Firm, Miller, and NYCB (the "Settlement") was arranged in principal shortly thereafter and ultimately finalized during late May or early June 2015. 24. The Settlement failed Mrs. Berkowitz on many levels. After the total recovery of $835,148.92 obtained by Petitioners, Mrs. Berkowitz was still due $423,974.55 from the $1,259,123.47 fraudulently obtained by Lewis and PL Firm. She also suffered significant out-ofpocket damages due to Lewis's fraudulent actions. In addition, Mrs. Berkowitz had paid her 6 000219 counsel reasonable attorney's fees and costs to pursue Ms. Lewis and her confederates. All of these amounts were potentially recoverable in the Underlying Actions against each and all of Miller, NYCB, Lewis and PL Firm. 25. Nevertheless, the Settlement provided Mrs. Berkowitz with total disbursements of only $261,000 (in payments of $100,000 and $161,000) from the NYCB Accounts significantly less than both the $34 7,244 previously conceded by Lewis and PL Firm as being due to Ms. Berkowitz, and the prior $326,000 proposal. 26. Savitt and Rosenbach were well aware of the amounts previously conceded by Lewis and PL Firm and their prior proposal -- as well as the fact that NYCB had frozen PL Firm's accounts -- having been advised as to same by Petitioners. 27. The Settlement dismissed with prejudice the claims against not only Lewis and PL Firm, but also against NYCB and attorney Miller - without NYCB or Miller having to pay so much as a penny to Mrs. Berkowitz in settlement of the negligence and malpractice claims against them. 28. Perhaps most shockingly, the Settlement allowed Lewis and PL Firm to obtain all of the remaining funds in the frozen NYCB Accounts, in the amount of approximately $100 thousand. Thus, the Settlement not only failed to effectuate Mrs. Berkowitz's stated desire to "stop Lewis," but instead released her victims' monies to Lewis to allow her to fund her continued fraudulent operations. 29. Further, it appears that attorney Rosenbach's fee was a contingency fee based on a percentage of the Settlement proceeds. Notably, the Settlement was paid from the NYCB Accounts that had been frozen by NYCB as the result of the efforts of Petitioners. Rosenbach's fee constitutes a duplicative and excessive fee to Mrs. Berkowitz. 7 000220 Thus, 30. In addition to their negligent handling of the Underlying Actions, Savitt and Rosenbach never attempted to "find" the funds in excess of $400K that should have been remaining in Mrs. Berkowitz's accounts when Savitt took possession of such accounts. A petition to remove Savitt as the guardian of Mrs. Berkowitz, filed by 31. Petitioners, is currently pending before this Court. Notably, Savitt failed to obtain approval of the Court pursuant to section 744.387, 32. Florida Statutes, before finalizing the Settlement and dismissing the Underlying Actions with prejudice. By failing to obtain the Court's approval before finalizing the Settlement and dismissing the Underling Actions with prejudice, Savitt effected and executed an extrinsic fraud upon the Court. This extrinsic fraud impermissibly eviscerated the Court's statutory duty, expressly crafted by the Florida legislature, to ensure that any settlement was in the best interest of Mrs. Berkowitz. ARGUMENT Section 744.387 ("Settlement of claims") requires a guardian to petition the Court for authorization before finalizing a settlement on behalf of the ward. 4 Specifically, the petition must state "the facts of the claim, question, or dispute and the proposed settlement." 4 Pursuant to section 744.387: When a settlement of any claim by or against the guardian, whether arising as a result of personal injury or otherwise, and whether arising before or after appointment of a guardian, is proposed, but before an action to enforce it is begun, on petition by the guardian of the property stating the facts of the claim, question, or dispute and the proposed settlement, and on any evidence that is introduced, the court may enter an order authorizing the settlement if satisfied that the settlement will be for the best interest of the ward. The order shall relieve the guardian from any further responsibility in connection with the claim or dispute when the settlement has been made in accordance with the order.... * * * (3)(a) No settlement after an action has been commenced by or on behalf of a ward shall be effective unless approved by the court having jurisdiction of the action. 8 000221 §744.387(1), Fla. Stat. (emphasis supplied). Based on "any evidence that is introduced," the Court may, in its discretion, enter an order authorizing the settlement "if satisfied that the settlement will be for the best interest of the ward." Id. (emphasis supplied). The trial court thus has a "statutory duty" under section 744.387 to ensure that the settlement is in the best interest of the ward. See Nixon v. Bryson, 488 So. 2d 607, 608-09 (Fla. 3d DCA 1986) (section 744.387 places "statutory duty" on trial court); Wilson v. Griffiths, 811 So. 2d 709, 712 (Fla. 5th DCA 2002) (court "must" make a best interest determination with respect to proposed settlement). Further, section 744.387(3)(a) provides: "No settlement after an action has been commenced by or on behalf of a ward shall be effective unless approved by the court having jurisdiction of the action." A transfer is ''plainly invalid'' where that aspect of the settlement lacks approval "as required by section 744.387(3)(a)." Auerbach v. McKinney, 549 So. 2d 1022, 1031 n.2 (Fla. 3d DCA 1989). Notably, an order authorizing a proposed settlement "shall relieve the guardian from any further responsibility in connection with the claim or dispute," but only when the guardian properly apprises the Court, the Court makes a decision to approve the settlement based on the information provided by the guardian, and the settlement "has been made in accordance with the order." § 744.387(1), Fla. Stat. Here, Savitt acted as both guardian and judge - her actions completely usurped the Court's responsibility and authority. Savitt finalized a Settlement that was bad for both Mrs. Berkowitz and any potential heirs. Savitt dismissed the Underlying Actions with prejudice without ever obtaining the authorization required by section 744.387(1) or the approval required by section 744.387(2). In so doing, Savitt interfered with, and usurped, the Court's statutory 9 000222 duty to ensure that any settlement was in the best interest of Mrs. Berkowitz (and the Settlement decidedly was not). See Nixon; Wilson. "Fraud upon the court" is that species of fraud which "does, or attempts to, defile the court itself or is perpetrated by officers of the court so that the judicial machinery cannot perform in its usual, impartial manner." Wescott v. Wescott, 444 So. 2d 495, 497 (Fla. 2d DCA 1984). Here, Savitt, through her attorneys, interfered with the Court's statutory duty to ensure that any settlement would be in the best interest of Mrs. Berkowitz and thus precluded the "judicial machinery [from] perform[ing] in its usual, impartial manner." Fraud upon the court is one of the "well-accepted" grounds for bringing an independent action for relief pursuant to Florida Rule of Civil Procedure 1.540(b). 5 Id. Further, Rule 1.540 provides relief not only from final judgments, but from voluntary dismissals with prejudice as well. See Tissier v. Tissier, 124 So. 3d 448, 449 (Fla. 1st DCA 2013) ("relief from a voluntary dismissal with prejudice . . . is available under the rule"). Accordingly, the dismissals with 5 Florida Rule of Civil Procedure 1.540 provides: (b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) that the judgment or decree is void; or (5) that the judgment or decree has been satisfied, released, or discharged, or a prior judgment or decree upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or decree should have prospective application. The motion shall be filed within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, decree, order, or proceeding was entered or taken. A motion under this subdivision does not affect the finality of a judgment or decree or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, decree, order, or proceeding or to set aside a judgment or decree for fraud upon the court. (Some emphasis supplied). 10 000223 prejudice in the Underlying Actions should be set aside. 6 Further, the Settlement should be deemed ineffective pursuant to section 744.387(3)(a), and should be vacated as not in the best interest of Mrs. Berkowitz. WHEREFORE, Petitioners respectfully request that this Court enter an order granting this Petition, vacating the Settlement, and setting aside the dismissals in the Underlying Actions. Respectfully Submitted, By: Isl Donna Greenspan Solomon DONNA GREENSPAN SOLOMON Florida Bar No.: 59110 Donna@SolomonAppeals.com SOLOMON APPEALS, MEDIATION & ARBITRATION 901 South Federal Hwy, Ste. 300 Ft. Lauderdale, FL 33316 Telephone: 561-762-9932 WEBB MILLSAPS Florida Bar No: 0032414 webb@webmillsapslaw.com 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 filing through the Florida e-filing portal on Ellen S. Morris, Esq., Attorney for the Guardian, Elizabeth Savitt, 6 At the very least, a formal evidentiary hearing should be held on the instant Petition, with permissible discovery prior to the hearing. See Tissier, 124 So. 3d at 449 ("[W]here the moving party's allegations raise a colorable entitlement to rule 1.540(b)(3) relief, a formal evidentiary hearing on the motion, as well as permissible discovery prior to the hearing, is required."). 11 000224 Elder Law Associates, P.A.. 7284 W. Palmetto Park Road, Ste. 101, Boca Raton, FL 33433, on this 3rd day of May, 2016. By: /s/ Donna Greenspan Solomon DONNA GREENSPAN SOLOMON 12 000225 -··:.:---_-· 1 ···---·--------- . .:..:..:.·1 ·Prestigious life _Care . Summary of Bank Statement Activity (Account Fiom"Auo;tist 2012 Through Decembei"201'l' Berkowiti reiatad - ·. - ~pos\i~ _ Return of monies. Checks Interest income _. __ .__ ;_·I - ... - ..... _... ·: .c. I _11,l···••T 1,224,123 '"_Ja3s,149L .388,97_4 (79,386)" . :i,656 All Interest ;ilioca\ed"to Berkowiti monies 312,244 t?N~~1 oepostt Checks i:ieiiit m~irio (checks) 155,800. (141,523) (88) . 14;189: Bal~nce as of Dece~bedi, Z01lfPer above) "326,433 ' _326,433_ Balance (per "Monthly'.' tab)": i>roof o i' ' _I_ EXHIBIT A Micompcl.002' 000226 Filing# 41017340 E-Filed 05/03/2016 02:01:07 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502014GA000630XXXXNB Division: "U" IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ MOTION TO STRIKE NOTICE OF SPECIAL-SET HEARING FILED BY DONNA GREENSPAN SOLOMON AND WILLIAM WEBSTER MILLSAPS COMES NOW ELIZABETH SAVITT, as Limited Guardian of the Person and Plenary Guardian of the Property of FRANCES BERKOWITZ (the Ward), by and through her undersigned counsel, and moves to strike the Notice of Special-Set Hearing filed by DONNA GREENSPAN SOLOMON and WILLIAM WEBSTER MILLSAPS, as follows: 1. A 30 minute hearing was previously scheduled for July 26, 2016 on the following Motions filed by Elizabeth Savitt: a. Motion to Dismiss Petition for Removal of Guardian, Elizabeth Savitt b. Motion to Strike Request for Notices and Copies of Pleadings c. Elizabeth Savitt's Motion for Attorney's Fees and Interest Pursant to § 57.105, Florida Statutes 2. At a hearing held on April 26, 2016, the Court directed for the 30 minute July 26th hearing to be re-set and heard within thirty (30) days so that the issue of whether Donna Greenspan Solomon ("Solomon") and William Webster Millsaps ("Millsaps") have standing in the guardianship may be resolved. 3. On May 3, 2016, the undersigned counsel for the guardian filed a Re-Notice of Hearing scheduling the above-referenced Motions for hearing on May 16, 2016 at 11:00 a.m. 000227 FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 05/03/2016 02:01 :07 PM 4. After Solomon and Millsaps received the undersigned counsel's Notice, Solomon and Millsaps filed a Notice of Special-Set Hearing for May 16, 2016 at 11:00 a.m. on their Petition for Removal of Guardian, Elizabeth Savitt and their newly filed 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. 5. Neither Petition was authorized by the Court to be set for hearing on May 16, 2016, and Solomon and Millsaps set same unilaterally without consulting with the undersigned counsel. 6. The hearing on May 16, 2016 is set for thirty (30) minutes and will consist of legal arguments only and such time is insufficient to have a hearing on the Petitions filed by Millsaps and Solomon which are substantive and require an evidentiary hearing. 7. If the Court rules on May 16, 2016, that Solomon and Millsaps lack standing as interested persons in the guardianship, their Petitions will be rendered moot. 8. However, if the Court rules that Solomon and Millsaps have standing, then their Petitions will need to be scheduled for a longer evidentiary hearing for which the undersigned counsel and the guardian will require time to prepare. WHEREFORE, Elizabeth Savitt respectfully requests that the Notice of Special-Set Hearing filed by Donna Greenspan Solomon and William Webster Millsaps be stricken. 000228 I HEREBY CERTIFY that a copy of the foregoing was served via thee-Portal on this 3rd day of May, 2016, to Donna Greenspan Solomon, Esq., SOLOMON APPEALS, MEDIATION & ARBITRATION, 901 South Federal Highway, Suite 300, Fort Lauderdale, FL 33316 and Webb Millsaps, Esq., WEBB MILLSAPS LAW FIRM, PA, 160 West Camino Real, #190, Boca Raton, FL 33432 and via e-mail to Mrs. Frances Berkowitz, c/o Elizabeth Savitt, 501 N. Country Club Drive, Atlantis, FL 33462. Ellen S. Morris, Esq. Attorney for the Guardian Florida Bar Number: 850306 ELDER LAW ASSOCIATES PA 7284 W. Palmetto Park Road, Suite 101 Boca Raton, FL 33433 Telephone: (561) 750-3850 Fax: (561) 750-4069 E-Mail: emorris@elderlawassociates.com Secondary E-Mail: lrubin@elderlawassociates.com 000229 Filing# 41708023 E-Filed 05/19/201609:54:17 AM IN THE CIRCUIT COURT OF THE. FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: GUARDIANSHIP OF PROBATE DIVISION "IJ" FRANCES BERKOWITZ CASE NO. 502014GA000630XXXXNB ORDER DESIGNATING DEPOSITORY FOR ASSETS WITH INVESTMENT POWERS AND APPROVING MONTHLY BUDGET AND TRANSFERS THIS CAUSE came before the Court upon the Petition of Elizabeth Savitt, as Limited Guardian of the Person and Property of Frances Berkowitz (the Ward) for an Order designating depository with investment powers and approving monthly budget and transfer$ and having reviewed the Petition and being otherwise fully advised, it is ORDERED AND ADJUDGED: 1. COMERICA BANK/COMERICA SECURITIES, through its Guardian Angel Program, 1675 N. Military Trail, 61h Floor, Boca Raton Florida 33486, is designated as the depository for the assets of the ward and as depository is hereby authorized and directed to receive and hold said assets in safekeeping subject to such instructions by the guardian of the ward as are authorized by orders of this Court directed to said depository, and to permit withdrawal thereof only upon order of this Court pursuant to the provisions of Section 69.031 of the Florida Statutes. 2. COMERICA BANK/COMERICA SECURITIES, as a designated depository is authorized to hold the assets of the ward which they receive, including all interest, dividends, principal an'd debts collected on account thereof, in a fiduciary account for the benefit of the ward and to invest and reinvest the assets in accordance with directions given by the guardian pursuant to the standards set forth in Section 518.11 and Section 744.444(10) of the Florida Statutes. 3. The guardian is authorized to direct the depository to sell individual investments without court order for liquidity or to diversify the holdings of the ward. 4. The guardian is authorized to invest the assets of the ward in one or more consolidated funds in \vhich separate fiduciary accounts have undivided interest provided a separate accounting is maintained for the assets of the ward. 5. COMERICA BANK/COMERICA SECURITIES, as depository is authorized to issue checks from the assets of the ward payable to the US Treasury for all federal income taxes incurred by the ward, issue checks payable to the Clerk of Courts,"6r is~ue Ghecks payable te the attorney of ieeord if eleetrnnie filing, upon written request for inventory or accounting audit fees in this guardianship, and issue 000230 FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 05/19/2016 09:54:17 AM checks for the bond premium for the guardian's bond posted in this guardianship, if any, from time to time, at the request of th~ guardian without further order of this Court. ~~-itn~~~ ;ta5."7 fke~a/~~f~ ~J.t~!/;~~~/-~~·4.~l(e~ 6. COMERICA BANK/COMERICA SECURITIES, as depository, is authorized to deduct reasonable service charges and expenses from the assets so held, from time to time, pursuant to Section 69.031(4) of the Florida Statutes. 7. The guardian may transfer funds between restricted accounts, if applicable, at COMERICA BANK/ COMERICA SECURITIES without further order of this Court. 8. COMERICA BANK/COMERICA SECURITIES, as depository, shall file with this Court a receipt for any assets received on behalf of the ward. 9. COMERICA BANK/COMERICA SECURITIES is directed to cooperate with the attorney for the guardian of the property in the establishment and management of any and all accounts held at said institution, including providing said attorney with information or copies of records, on any accounts and complying with the instructions of the attorney in transfer, withdrawal or release of funds authorized by order of this Court. 10. Any person or corporation having possession or control of any assets belonging to said ward shall pay and deliver such assets to the said depository on its demand, or demand of the guardian, and the receipt of the designated depository shall relieve the person or corporation from all further responsibility therefore. 11. The guardian is authorized and directed to close the savings account at SunTrust Bank ending in No. 5410 and deposit the proceeds into the restricted depository account to be established at COMERICA BANK/COMERICA SECURITIES. 12. The guardian is authorized and directed to open a new unrestricted guardianship operating checking account (the "operating account") at COMERICA BANK/COMERICA SECURITIES, to close the guardianship operating checking account at SunTrust Bank ending in No. 3926 and to deposit the proceeds into the operating account to be established at COMERICA BANK/COMERICA SECURITIES. 13. The guardian is authorized and directed to open a new unrestricted checking account (the "debit account") at COMERICA BANK/COMERICA SECURITIES, to close the small checking account at SunTrust Bank ending in No. 1798 and to deposit the proceeds into the debit account to be established at COMERICA BANK/COMERICA SECURITIES. The guardian is authorized to obtain a debit card linked to the debit account and to give the debit card to the Ward's aides to pay for the expenses of the Ward as needed. 000231 14. The monthly budget for the Ward is hereby approved. Every month, COMERICA BANK/COMERICA SECURITIES is authorized and directed to transfer $3,401.00 from the restricted depository account to be established at COMERICA BANK/COMERICA SECURITIES to the operating account to be established at COMERICA BANK/COMERICA SECURITIES. 15. The guardian is authorized to transfer up to $260.00 every month from the operating account to the debit account to be established at COMERICA BANK/COMERICA SECURITIES. 16. The guardian is authorized and directed to re-direct the Ward's Social Security r,,tu/ payments from the guardianship operating che~king account at SunTrust Bank (.,(ending in No. 3926 to the operating account to be established at COMERICA BANK/COMERICA SECURITIES. DONE AND ORDERED on this Gardens, Palm Beach County, Florida. JJ!5.. day of-#---+-----' 2016, at Palm Beach J~JR. Circuit Judge Copies furnished to: Ellen S. Morris, Esq. ELDER LAW AS SOCIATES PA 7284 W. Palmetto Park Road, Suite 101 Boca Raton, FL 33433 000232 Filing# 42089363 E-Filed 05/27/2016 04:13:10 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000630XXXXNB Division: IJ IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ 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 THIS CAUSE having come before the Court on May 15, 2016 on non-evidentiary hearing upon (i) Motion to Dismiss Petition for Removal of Guardian, Elizabeth Savitt ("Motion to J.?ismiss Petition for Removal of Guardian"); (ii) Motion to Strike Request for Notices and Copies of Pleadings ("Motion to Strike"); (iii) Motion for Attorney's Fees and Interest Pursuant to § 57.105, Florida Statutes ("Motion for Attorney's Fees") by Elizabeth Savitt ("Savitt" or "Guardian"), as Limited Guardian of the Person and Property of the FRANCES BERKOWITZ (the "Ward"), and (iv) 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 Vacate Settlement") by Petitioners, WILLIAM WEBSTER MILLSAPS ("Millsaps") and DONNA GREENSPAN SOLOMON ("Solomon") (together, "Petitioners") and the Court having reviewed the relevant pleadings and documents, heard argument of counsel and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUGED: 000233 FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 05/27/2016 04:13:10 PM 1. Savitt's Motion to Dismiss Petition for Removal of Guardian is granted in part and denied in part. The Motion to Dismiss Petition for Removal of Guardian is granted to the extent that the Petition for Removal of Guardian seeks any relief based on the Guardian's settlement on behalf of the Ward, the guardianship accountings or management of the guardianship. 2. The Motion to Dismiss Petition for Removal of Guardian is denied to the extent that Petitioners, WILLIAM WEBSTER MILLSAPS ("Millsaps") and DONNA GREENSPAN SOLOMON ("Solomon") (together, "Petitioners"), have standing to amend their Petition for Removal of Guardian to include only issues as to the initial appointment of Savitt as Guardian, and whether the appointment was done properly and whether there was any intrinsic or extrinsic fraud. 3. Savitt's Motion to Strike is granted in part and denied in part. The Motion to Strike is denied to the extent that Petitioners are entitled to notice and copies of pleadings pertaining to those discrete areas where they have standing, i.e. any matters pertaining to the appointment of Savitt as Guardian and the lawsuit under Case No. 502015CA005019XXXXMB, entitled Elizabeth Savitt, as guardian for Frances Berkowitz vs. William Webster Millsaps, an individual, Webb Millsaps Law, PL., a Florida limited liability company, Donna Greenspan Solomon, an individual and Donna Greenspan Solomon, P.A. d/b/a Solomon Appeals, Mediation & Arbitration, a Florida professional association, including but not limited to a motion to approve the settlement. Savitt's Motion to Strike is granted as to all other areas. 4. The Motion for Attorney's Fees is denied. 2 000234 5. 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 Vacate Settlement") is hereby dismissed with prejudice, based on a lack of standing. Petitioners shall go hence without day with respect to their Petition to Vacate Settlement. DONE AND ORDERED in Palm Beach Gardens, Florida, on this 2016. Copies provided to: Donna Greenspan Solomon, Esq. Webb Millsaps, Esq. Ellen S. Morris, Esq. 3 000235 C>1~day of May, 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. 502014GA000630XXXXNB Division: IJ IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ PETITIONERS' MOTION FOR REHEARING OF OMl~IBUS 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") filed 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 000236 FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 06/12/2016 11 :08:32 PM Vacate Settlement"). 1 3. At the May 16, 2016 hearing, Savitt made misrepresentations to the Court, through her attorney, Ellen S. Morris. Specifically, Savittfalsely 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 finalizing a settlement on behalf of the ward. The petition must 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 A," and the clerk's docket from the instant action ("Docket") is annexed hereto as "Exhibit B." 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, 1 The Omnibus Order also denied Savitt's Motion for Attorney's Fees. 2 000237 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 C"). 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 filed 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 filed, Savitt has failed to state a cause of action sufficient to survive a motion to dismiss. Unfortunately, any award on Petitioners' 57.105 motions may impact the finances of the Ward, rather than Savitt, despite Savitt' s recklessness and greed in filing 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 m 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 D." 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. 3 000238 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 sufficient 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, e.g., Ramunno v. Terranova, 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 4 000239 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 contradictorily 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 §731.201(21), Florida Statutes, defines an "interested party" as any person who may reasonably be expected to be affected by the outcome of the particular 5 000240 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 finding 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 first 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: /s/ Donna Greenspan Solomon DONNA GREENSPAN SOLOMON Florida Bar No.: 59110 Donna@SolomonAppeals.com SOLOMON APPEALS, MEDIATION & ARBITRATION 901 South Federal Hwy, Ste. 300 Ft. Lauderdale, FL 33316 Telephone: 561-762-9932 WEBB MILLSAPS Florida Bar No: 0032414 webb@webmillsapslaw.com WEBB MILLSAPS LAW FIRM, PA 160 West Camino Real, # 190 Boca Raton, FL 33432 Telephone: (561) 900-7238 6 000241 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served via filing through the Florida e-filing 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: /s/ Donna Greenspan Solomon DONNA GREENSPAN SOLOMON 7 000242 SETTLEMENT AGREEMENT This Settlement Agreement (the "Agreement") is being entered into on this _ _ day of May, 2015. The parties to the Agreement are: ELIZABETH SA VJTT, as Guardian for FRANCES BERKOW1TZ, individually and as personal representative of the Estate of Jerry Berkowitz, - and NEW YORK COMMUNITY BANK - and PRESTIGIOUS LlFECARE FOR SENIORS LLC, f/k/a PL Firm, LLC - and PRINCELLA LEWIS, an individual Elizabeth Savitt, New York Community Bank ("NYCB"), 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 filed 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 "PL Lawsuit") alleging, among other things, that Jerry Berkowitz and Frances Berkowitz were entitled to possession of funds in the Disputed Accounts, which case remains pending as Case No. 2013CA-005491; 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 "Negligence Lawsuit") alleging, among other things, that Frances Berkowitz and the Estate of Jerry Berkowitz were entitled to possession of funds in the Disputed Accounts, which case remains pending as Case No. 2013CA017397; - 1- EXHIBIT A 000243 WHEREAS, in the Negligence Lawsuit, Frances Berkowitz also asserted claims against NYCB based on allegations that NYCB committed negligence and other improper conduct with respect to the Disputed Accounts; WHEREAS, NYCB has been .notified 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 Li fee are and Frances Berkowitz, individually and as personal represent11tive of the Estate of Jerry Berkowitz, in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida (the "lnterpleader Lawsuit"), by which NYCB 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. 2014-CA-000606-MB; WHEREAS, Frances Berkowitz, individually and as personal representative of the Estate of Jen·y Berkowitz, filed an Answer and Affimrntive Defenses to Complaint in Tnterpleader. and Coimterclaim (the "Interpleader Counterclaim") which asse1ted counterclaims against NYCB in the Interpleader Lawsuit; WHEREAS, on January 7, 2015, Elizabeth Savitt was appointed as the Guardian of Frances Berkowitz in Case No. 502014GA000630XXXXSB pending in the Circuit Court of the Fifteenth fodicial Circuit in and for Palm Beach County, Florida; WHEREAS, Elizabeth Savitt, as Guardian for Prances 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 lnterpleader 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 Interplead Funds to Frances Berkowitz in the care of Elizabeth Savitt; WHEREAS, pursuant to lwr appointment as Guardian for Prances 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, Princella Lewis and Prestigious Lifecare deny any and all wrongdoing and any and all liability to Frances Berkowitz and to the Estate of Jerry Berkowitz; WHEREAS, 11Berkowitz" as used in this Settlement Agreement shall hereinafter refer to "Elizabeth Savitt, as Guardian for Frances Berkowitz, both individually and as personal representative of the Estate of Jerry Berkowitz"; -2- 000244 WHEREAS, the Parties, each of whom is represented by counsel. recognize their respective rights and obligations, and are desirous of settling - fu11y and finally - the following: (1) 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 Jnterpleader 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 sufficiency of which are hereby acknowledged and conclusively established, the Parties covenant and agree as follows: 1. 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 Party: 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 officers, 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 final settlement of: (1) 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 lnterpleader 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: (a) The Parties, through their counsel in the lnterpleader Lawsuit, within seven (7) days of the execution of this Agreement by all Parties, shall execute and file with the Court in the Jnterpleader Lawsuit a Joint Stipulation for Dismissal with Prejudice of Counterclaims and for Entry of Consent Final Judgment in the form attached hereto as Exhibit "A"; (b) 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 Interplead Funds, as provided in the Court's Consent Final Judgment; -3- 000245 (c) 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 tile with the Court in the Negligence Lawsuit a .Joint Stipulation and Notice of Dismissal with Prejudice of All Claims in the form attached hereto as Exhibit "B"; (d) Berkowitz 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 A11 Claims for the PL Lawsuit in the form attached hereto as Exhibit "C1'. Prestigious Lifocare 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 "C". After obtaining the signature of Glenn Ricardo Miller's counsel on the Joint Stipulation 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 file the Joint Stipulation and Notice of Dismissal with Prejudice of All Claims with the Court in the PL Lawsuit. (e) The Parties agree to and do hereby effectuate the releases contained in paragraphs 4, 5, and 6 of this Agreement. 4. Release from Berkowitz 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, satisfies and forever dischaq~es 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, executors, and assigns, all of the foregoing hereinafter collectively referred to as the "NYCB 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 Frances Berkowitz or the Estate of Jerry Berkowitz had or now has, or which any successor or assign of Frances Berkowitz or the Estate of Jerry Berkowitz 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. Without limiting the generality of the foregoing, 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 Berk6witz or the Estate of Jerry Berkowitz against the NYCB Releasees in the Negligence Lawsuit and/or the Interpleader 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 Interpleader Lawsuit, the Negligence Lawsuit, or the PL Lawsuit. 5. Release from Prestigious Lifecare to NYCB: Prestigious Lifecare hereby remises, releases, acquits, satisfies 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- 000246 brokers or real estate agents, attorneys, successors, heirs, administrators, executors, and assigns. all of the foregoing hereinafter collectively referred to as the ''NYCB 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 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 Ai:,rreement, whether known or unknown, direct or indirect, vested or contingent. 6. Release from Princella Lewis to NYCB: Lewis hereby remises, releases. acquits, satisfies 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 brokers or real estate agents, attorneys, successors, heirs, administrators, executors, and assigns, all of the foregoing hereinafter collectively referred to as the ''NYCB 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 Jaw 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 Indemnity: NYCB shall unfreeze the amounts remaining in the Disputed Accounts and allow Prestigious Lifecare to withdraw all such amounts from the Disputed Accounts within ten (l 0) days of the date that all of the following have occurred: (I) the Disbursement Payment has been made as provided in paragraph 3(b) 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-five (45) days of the date that NYCB unfreezes the amounts remaining in the Disputed Accounts as provided in paragraph 7 of this Agreement, Prestigiou$ Lifecare shall withdraw all funds from the Disputed Accounts, Upon the withdrawal by Prestigious Lifecare of all of the funds in the Disputed Accounts, NYCB shall close the Disputed Accounts. If Prestigious Lifecare does not withdraw all funds from the Disputed Accounts within forty-five (45) days of the date that NYCB unfreezes the amounts remaining in the Disputed Accounts, NYCB 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 -5- 000247 Lifecare's counsel, Bruce S, Rosenwater, Esq., 1601 Forum Place, Suite 610, West Palm Beach, Florida 33401, 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 Law.suit, the Negligence Lawsuit, and the Interpleader Lawsuit, including but not limited to the preparation .and execution of this Agreernent. I 0. Paragraph 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 or accurately describe the contents of the paragraphs which they head. Such headings shall not be deemed to govem, 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. 11. Parties: This Agreement, as well as the obligations created and the benefits conferred hereunder, shall be binding on and inure to the benefit of the Parties as well as their personal representatives, heirs, successors, assigns, and past and present attorneys, accountants, and insurers. Each Party hereby represents and warrants, with respect to all of the Set~led Claims, that: (a) no other person or entity is entitled to asse11 any such claims against any other Party; and (b) 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 affirm that they have not filed or caused to be filed, 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 finally settle the Settled Claims. l 4. Enforcement Action: The Parties agree that in the event any Party brings an action 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 Pa1ties 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 UNDERSTANDINGS 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, express, implied, or statutory, Mt contained herein, concerning the subject matter - 6- 000248 hereof, to induce lhe cxcciilion oflhisAgrcenicnt. Euch 11ignaloryulso hcrcbyncknowlcdgcs that be or she hns not executed thl:i Agreement .in rcliimce ·tin nny promise, representation, or ' •wammty nol c0ntllined 11crcln. The PnrUesfuriher agree thalm> modificntfons of this. Agreement ma}· be made c.~cept by means of a '\'rillen agreement signed by each or the Panics. Finruly, the Partlesagrcc that the wnh'er of any breach or: this Agreement by any Pnrty, shall not be a 'i,-aJ,·er .of any other i;ubscquent or prior breach; From time to lime at the request of nnyor the Parties lo ·this Agreement, ''ilhout further consideration arid \\•I thin. rea~onnblc period of• time :i.fler · rcque5t hereunder is made, the Parties hereby agree to execute and delh•cr any nnd iili further documents and instruments 1111d to do nil 11el.S that any or the Partli:s to· this Agn:cment may ·rcnsonably request which. mny be net.-cssary or appropriate to fully implement the pro\islons or this Agreement. a j I I I I I ! .~ .16.. .Counterniirls. This Agreement. may be executed .in counterparts.· Facsimile and/or pdf signnturcs shall be considered 'for all purpo..;cs n.C. origirmls.. · · Executed and delh•eied this __th day of May, 2015. I I ELIZABETH SA VITT ,. D)'~/(/fj~ iZS:tlJ { E Sn\·Jtt As Guardian for and 011 Behalf of Frances Berkowitz, both Individually and aS perSonnl rcprcsentail\'C ofthe Estate of Jerry Berkowitz ! I i ' I j R I Prince ewis As Manager and on behalf of Prestlglous Llfecare for Senl()rs1 LLC NEW YORK COM?tiUNITY DANK n,.... ,--~----------.----~_y--/J~ ' /$/Z./A ,.J . (Signature} Jv N.r1~r· ·IPrint Name] t .,I J2ca,,DIJ /f-z.. a ee c.I. ?":v [Title] !I l l .· :~7- i II I i 000249 t;-. s vi:> Ex?b?? 1% 000250 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 FIRM, LLC, Defendants. JOINT STIPULATION FOR DISMISSAL WITH PRE.JUDICE OF COUNTERCLAIMS AND FOR ENTRY OF CONSENT FINAL JUDGMENT Plaintift: New York Community Bank ("NYCB"), Defendant Elizabeth Savitt, Guardian for FRANCES BERKOWJTZ, individually and as Personal Representative of the Estate of JERRY BERKOWITZ, and Defendant PL Firm, LLC ("PL Fim1''), now known as Prestigious Lifecare for Seniors, LLC (''PL Firm"), by and through undersigned counsel, hereby file this Joint Stipulation for Dismissal With Prejudice of Counterclaims and for Entry of Consent Final Judgment, and state: l. On January 16, 2014, NYCB filed its Complaint in lnterpleader by which NYCB interplead to the Court funds in the amount of $268,544.50 (the "Interplead Funds"). NYCB's Complaint asse1ted that Defendants Frances Berkowitz and PL Finn have made competing claims to the lnterplead Funds. 2. NYCB is holding the 1nterplead Funds in a frozen account pending a determination by the Couit of entitlement thereto. 000251 3. On April 19. 2014, Defendant Frances Berkowitz filed an Answer and Affirmative Defenses to Complaint in lnterpleader, and Counterclaim, which asserted counterclaims against NYCB for: ( J) Conversion (Count !); (2) Action for Writ of Replevin (Count il); (3) Action for Accounting (Count Ill); and (4) Negligence (Count 1V). 4. On February 26, 2015, pursuant to a stipulation of the Parties. this Court entered an Order directing that $100,000.00 of the Jntcrplead Funds be disbursed to Frances Berkowitz other legal guardian. These funds were properly disbursed to Frances Berkowitz in the care of her guardian, leaving $168,544.50 of the lnterplead Funds remaining at issue in this action (the "Remaining Interplead Funds 11 ). 5. On March I 1, 2015, this Court entered an Order substituting "Elizabeth Savitt, Guardian for FRANCES BERKOWITZ, individually and as Pers.onal Representative of the Estate of .JERRY BERKOWITZ" as a party in this matter in place of "FRANCES BERKOWITZ, individually and as Personal Representative of the Estate of JERRY BERKOWITZ." 6. 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 counterclaims were originally filed by Frances Berkowitz before Elizabeth Savitt was substituted into this action in the place of Frances Berkowitz). 7. Specifically, 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. 2 000252 8. Frances Berkowitz affirmatively disclaims any right, title or interest in the remaining $7,544.50 of the Remaining lnterplead Funds and affirmativ.ely disclaims knowledge of or opinion as to entitlement to such 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. I0. 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 "I'', which pl'ovides for the release of the Remaining lnterplead Funds as stipulated herein, 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 Senlors, LLC, and Defendant Elizabeth Savitt, Guardian for FRANCES BERKOWITZ, individually 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 "1 ",and direct that this matter be closed. [Signature Block on Next Page] 3 000253 Isl an J Virginia B. Townes, Esq. Florida ar No.: 152486 Florida Bar Number: 361879 v irginia.townes@akerman.com (primary) cindy.miller@akerman.com (secondary) Joshua A. Mize, Esq. Florida Bar Number 0086163 joshua.mize@akerman.com (primary) barbara.morrison@akerma11.com (secondary) AKERMANLLP Post Office Box 23 I Orlando, FL 32802-023 l Phone: (407) 423-4000 Fax: (407) 843-6610 Marsha, IE. Rosenbach, Esq. Florida Bar No.: 698032 Law Offices of Marshall E. Rosenbach 11430 U.S. Highway 1 North Palm Beach, Florida 33408 (561) 627-8990 Telephone (561) 694-1359 Facsimile Email l: marshall@marshallrosenbach.com Email 2: djrl@bellsouth.net Email 3: service@marshallrosenbach.com Attorneys.for Defendant, Elizabeth Savil/, Gual'dianfor FRANCES BERKOWITZ, individually and as Personal Representative of the ESTATE OF JERRY BERKOWITZ Atlorneys.for the Plaint{ff, NEW YORK COMMUNITY BANK Isl Bruce S. osenwater Florida Bar 0.: Bruce S. Rosenwater & Associates, P.A. J.601 Forum Place, Suite 1200, Centqrion Tower West Palm Beach, Florida 33401 Phone: (561) 688-0991 Fax: (561) 688-0581 Email: bsr@rosenwater.com, Attorneys/or Defendants, PRINCELLA LEWIS and PRESTIGIOUS LIFECARE FOR SENIORS, LLCf/k/a THE PL FIRM, LLC 4 000254 Xh?b?t 11 000255 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA NEW YORK COMMUNITY BANK, CASE NO.: 2014-CA-000606-MB Plaintiff, v. FRANCES BERKOWITZ, individually and as Personal Representative of the ESTATE OF JERRY BERKOWITZ. and PL FIRM, 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 filed its Complaint in Interpleader by which NYCB interplead to the Cou1t funds in the amount of $268,544.50 (the "lnterpJead Funds"). NYCB's Complaint asserted that Defendants 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. 000256 3. On April 19, 20 I 4, Defendant Frances Berkowitz filed an Answer and Affirmative Defenses to Complaint in Interpleader. and Counterclaim, which asserted counterclaims against NYCB for: (1) Conversion (Count I); (2) Action for Writ of Replevin (Count II); (3) Action for Accounting (Count 111); and (4) Negligence (Count IV). 4. On February 26, 20 I 5, pursuant to a stipulation of the Parties, this Court entered an Order directing that $100,000.00 of the lnterplead Funds be disbursed to Frances Berkowitz or her legal guardian. These funds were properly disbursed to Frances Berkowitz, leaving $168,544.50 of the Interplead Funds remaining at issue in this action(the "Remaining Interplead Funds"). 5. On March 11, 2015, this Court entered an Order substituting "Elizabeth Savitt, Guardian for FRANCES BERKOWITZ, individually and as Personal Representative of the Estate of JERRY BERKOWITZ" as a party in this action in place of "FRANCES BERKOWITZ, individually and as Personal Representative of the Estate of JERRY BERKOWJTZ." 6. The Parties have stipulated that Frances Berkowitz shall receive $161,000.00 of the Remaining Jnterplead 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, filed by Frances Berkowitz before Elizabeth Savitt was substituted into this action in the place of Frances Berkowitz, are dismissed with prejudice. Accordingly, it is 2 000257 ORDERED AND ADJUDGED that: 9. The Joint Stipulation for Dismissal With Prejudice of Counterclaims and for Entry of Consent Final Judgment is GRANTED. IO. Final Judgment is hereby entered as follows: a. Frances Berkowitz shall receive $161,000.00 of the Remaining Interplead 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 lilterpleader 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. 11. Elizabeth Savitt's Counterclaims, filed by Frances Berkowitz before Elizabeth Savitt was substituted into this action in the place of Frances Berkowitz, are dismissed with prejudice. 12. This clerk is directed to close this matter. DONE AND ORDERED in Chambers at Palm Beach County, Florida on this __ day of May, 2015. LISA SMALL, CIRCUIT JUDGE 3 000258 Copies furnished to: Marshall E. Rosenbach, Esq., Law Offices of Marshall E. Rosenbach, 11430 U.S. Highway 1. North Palm Beach, Florida 33408. marshall<(jl,marshallrosenbach.com, djrl@bellsouth.net, service(cil,marshallrosenbach.com; Virginia B. Townes, Esq. and Joshua A. Mize, Esq., Akerman, LLP. 420 South Orange Ave., Suite 1200, PO Box 231, Orlando, Florida 32802-0231, Virginia.townesc@akennan.com, Jeannine.bains@akerman.com, Joshua.mize(ci),akerman.com,Barbara.morrison@akerman.com; Bruce S. Rosenwater. Esq .. Bruce S. Rosenwate1· & Associates, P.A., 1601 Forum Place. Centurion Tower, Suite 1200, West Palm Beach, FL 33401, bsr@rosenwater.com; Elizabeth Savitt, Esq.. 501 Savittmiardians@gmail.com; N. Country 4 000259 Club Road, Atlantis, Florida 33462, Ex?b 13% 000260 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 BERKOWITZ, Plaintift: CASE NO.: 2013CA017397 DIVISION: AG Y. AMTRUST BANK and NEW YORK COMMUNITY BANK, Defendants. JOINT STIPULATION AND NOTICE OF DISMISSAL WITH PREJUDICE OF ALL CLAIMS The Plaintiff, ELIZABETH SAVIIT, 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 file 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 of the parties in this action against any other party in this action are hereby dismissed with prejudice, with each party to bear its O\Yn 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 11 l 11. [Signature Block on Next Page] 000261 Isl Isl Dea:n J. Ro Florida Bar Marshall E. Rosenbach, Esq. Florida Bar No.: 698032 Law Offices of Marshall E. Rosenbach 11430 U.S. Highway 1 No1th Palm Beach, Florida 33408 (56 J) 627-8990 Telephone Virginia B. Townes, Esq. Florida Bar Number: 361879 virginia.townes@akerman.com (primary) cindy.miller@akerman.com (secondary) Joshua A. Mize, Esq. Florida Bar Number 0086163 joshua.mize@akerman.com (primary) barbara.morrison@akerman.com (secondary) AKERMANLLP Post Office Box 231 Orlando, FL 32802-023 1 Phone: (407) 423-4000 Fax: (407) 843-6610 (561) 694-1359 Facsimile Email 1: marshall@marshallrosenbach.com Email 2: djrl@bellsouth.net Email 3: service@marshallrosenbach.com Attorneys for Defendant, Elizabeth Savitt. Guardian jbr FRANCES BERKOWITZ, Attorneysjbr the Plaintiff: individually and as Personal Representative of NEW YORK COMMUNITY BANK the ESTATE OF JERRY BERKOWITZ 2 000262 mm: 000263 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT JN AND FOR PALM BEACH COUNTY, FLORIDA FRANCES BERKOWITZ, individually and as personal representative of the ESTATE OF JERRY BERKOWITZ, Plaintiff, CASENO.: 2013CAOl7397 v. DIVISION: AG A MTR UST BANK and NEW YORK COMMUNITY BANK, Defendants. FINAL ORDER OF DISMISSAL WITH PREJUDICE This cause having come before the Court on the Joint Stipulation and Notice of Dismissal with Prejudice of All Claims filed by the Plaintiff, ELIZABETH SA VITT, as Guardian for 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: 1. The Joint Stipulation and Notice of Dismissal with Prejudice of All Claims is GRANTED. 2. All of the Plaintiffs claims in this action are hereby dismissed with prejudice. 000264 3. This clerk is directed to close this matter. DONE AND ORDERED in Chambers at Palm Beach County, Florida on this __ day ofMay,,2015. JAIMIE GOODMAN CIRCUIT JUDGE Copies furnished to: Counsel of Record 2 000265 Xhiib?tt 000266 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JERRY BERKOWlTZAND FRANCES BERKOWITZ, Plaintiff, CASE NO.: 2013-CA-005491 v. PRJNCELLA LEWIS, PRESTIGIOUS LJFECARE 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 SA VITT, 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 1.420(a)( I), hereby file 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 prejudice, 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 ". 000267 Isl Bruce S. Rosenwater, Esq. Florida Bar No.: 715107 Bruce S. Rosenwater & Associates, P.A. ean J. senbach, Esq. Florida Bar No.: 152486 Marshall E. Rosenbach, Esq. Florida Bar No.: 698032 Law Offices of Marshall E. Rosenbach 11430 U.S. Highway I North Palm Beach, Florida 33408 (561) 627-8990 Telephone 1601 Forum Place, Suite 1200, Centurion Tower West Palm Beach, Florida 33401 Phone: (561) 688-099 I Fax: (561) 688-0581 Email: bsrt'mrosenwater.com, (561) 694-1359 Facsimile Email 1: marshall@marshallrosenbach.com Email 2: djrl@bellsouth.net Email 3: service@marshallrosenbach.com Attorneys for Defendants, PJUNCELLA LETYIS and PRESTIG.IOUS LIFECARE FOR SENIORS, LLC.f/k/a THE PL FIRM, LLC Attorneys.for P/aint(ff. ELIZABETH SA VITT. Gual'dianjbr FRANCES BERKOWITZ, individually and as Personal Representative qf the ESTATE OF.TERRY BERKOFVITZ /.'ii Leon E. Sharpe, Esq Florida Bar No.: 250 I 20 Leon E. Sharpe, P.A. 4 770 BiscayM Blvd., Suite 960 Miami, FL 33137-3242 Phone: (305) 573-3823 Fax: (305) 576-0065 Email: sharpe_associates@msn.com Attorneys for Defendant, GLENN RICARDO MILLER 2 000268 a 11 000269 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JERRY BERKOWITZ AND FRANCES BERKOWITZ, Plaintiff, CASE NO.: 2013-CA-005491 v. PRINCELLA LEWIS, PRESTIGIOUS L!FECARE FOR SENIORS. LLC. f/k/a PL FIRM, LLC, and GLENN RICARDO MILLER Defendants. FINAL ORDER OF DISMISSAL OF ALL CLAIMS WITH PREJUDICE This cause having come before the Court on the Joint Stipulation and Notice of Dismissal with Prejudice of All Claims filed by Plaintiff, ELIZABETH SA VITT, as Guardian for FRANCES BERKOWITZ, individually arid as Personal Representative of the Estate of JERRY BERKOWITZ, and the Defendants, Princella Lewis, Prestigious Lifecare for Seniors. LLC. 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: 1. The Joint Stipulation and Notice of Dismissal with Prejudice of All Claims is GRANTED. 2. All claims, counterclaims, and cross-claims asserted by any and all parties in this action are hereby dismissed with prejudice. 000270 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. JAJMIE GOODMAN CIRCUIT JUDGE Copies furnished to: Counsel of Record 2 000271 Report Selection Criteria Case ID: 502014GA000630XXXXSB Docket Start Date: Docket Ending Date: Case Description Case ID: 502014GA000630XXXXSB Case Caption: FRANCES BERKOWITZ GA Division: Filing Date: Court: Location: Jury: Type: Status: IZ-TICKTIN Wednesday, December 03rd, 2014 GA - GUARDIANSHIP SB - SOUTH BRANCH N-NonJury PP - GUARDIANSHIP - PERSON/PROPERTY RO-REOPEN Related Cases 502014M H002294XXXXSB Case Event Schedule No case events were found. Case Parties Seq Assoc Expn # Date Type ID 1 INCAPACITATED PERSON @3571324 BERKOWITZ, FRANCES Aliases: none 2 PETITIONER 0032414 Aliases: none Name MILLSAPS, WEBB EXHIBITB 000272 JUDGE IY COLIN, JUDGE MARTINH Aliases: none 4 JUDGE IZ TICKTIN, JUDGE JESSICA Aliases: none 5 PETITIONER @3518203 SAVITT, ELIZABETH 03DEC2014 3 HAZELTINE ESQ., SHERI L 6 5 ATTORNEY 0674567 7 1 GUARDIAN @3518203 SAVITT, ELIZABETH Aliases: none Aliases: none Aliases: none Docket Entries Docket Number Docket Type Book and Page No. 00000 - ADDITIONAL COMMENTS Filing Date: 03-DEC-2014 Filing Party: Disposition Amount: Docket Text: none. 500FF - CPFF/FO-PP-PR-GA Filing Date: 03-DEC-2014 Filing Party: MILLSAPS, WEBB Disposition Amount: Docket Text: none. 000273 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: 1 A Payment of -$401.00 was made on receipt SBCV294911. PETG - PETITION APPTG EMER TEMPGDN Filing Date: 03-DEC-2014 Filing Party: MILLSAPS, WEBB Disposition Amount: PETITION FOR APPOINTMENT OF EMERGENCY TEMPORARY GUARDIAN (E-FILED) Docket Text: 2 NOTCF - NOTICE OF CONFIDENTIAL FILING Filing Date: 03-DEC-2014 Filing Party: MILLSAPS, WEBB Disposition Amount: NOTICE OF CONFIDENTIAL INFORMATION WITHIN COURT FILING Docket Text: 3 ORAC - ORDER APPOINTING COUNSEL Filing Date: 04-DEC-2014 Filing Party: TICKTIN, JUDGE JESSICA Disposition Amount: Docket Text: 4 Filing Date: ORDER APPOINTING COUNSEL ON PETITION FOR APPOINTMENT OF EMERGENCY TEMPORARY GUARDIAN OETG - ORDER APPTG EMER TEMP GDN 04-DEC-2014 000274 Book 27200 - Page 144 Filing Party: TICKTIN, JUDGE JESSICA Disposition Amount: Docket Text: 5 ORDER APPOINTING EMERGENCY TEMPORARY GUARDIAN LETP - LTRS EMER TEMP GDN OF PER/PROP Filing Date: 04-DEC-2014 Filing Party: TICKTIN, JUDGE JESSICA Book 27200 - Page 141 Disposition Amount: Docket Text: 6 LETTERS OF EMERGENCY TEMPORARY GUARDIANSHIP NOAP - NOTICE OF APPEARANCE Filing Date: 05-DEC-2014 Filing Party: Disposition Amount: Docket Text: 7 FIB ATTY HAZELTINE EMOT - EMERGENCY MOTION Filing Date: 08-DEC-2014 Filing Party: Disposition Amount: TO COMPEL SUNTRUST BANK TO PROVIDE ACCESS TO FINANCIAL RECORDS; AND MOTION TO DIRECT SUNTRUST BANK TO DISTRIBUTE ANY AND ALL FUNDS OF WARD AND/OR OF HER TRUST TO THE GUARDIAN FIB ATTY HAZELTINE OBO ELIZABETH SAVITT Docket Text: 8 APLG-APPLICATION OF GUARDIAN Filing Date: 08-DEC-2014 Filing Party: Disposition Amount: FOR APPOINTMENT OF ELIZABETH SAVITT AS PLENARY GUARDISN E-FILED Docket Text: 9 OATH-OATH Filing Date: 08-DEC-2014 Filing Party: Disposition Amount: 000275 OF PLENARY GUARDIAN ELIZABETH SAVITT AND DESIGNATION OF RESIDENT AGENT AND ACCEPTANCE FIB ELIZABETH SAVITT E-FILED Docket Text: 10 NOUN - NOTICE OF UNAVAILABILITY Filing Date: 08-DEC-2014 Filing Party: Disposition Amount: FIB EDWARD A SHIPE ESQ E-FILED Docket Text: 11 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 IMMEDIATE ACCESS TO GUARDIAN TO ALL FINANCIAL RECORDS; AND AGREED ORDER GRANTING MOTION TO DIRECT SUNTRUST BANK TO DISTRIBUTE ANY AND ALL FUNDS OF WARD AND/OR OF HER TRUST TO THE GUARDIAN Docket Text: 12 NOUN - NOTICE OF UNAVAILABILITY Filing Date: 18-DEC-2014 Filing Party: HAZELTINE ESQ., SHERI L Disposition Amount: FIB SHERI L HAZELTINE ESQ E-FILED Docket Text: 13 PEA - PETITION FOR APPOINTMENT Filing Date: 05-JAN-2015 Filing Party: SAVITT, ELIZABETH Disposition Amount: OF PERMANENT GUARDIAN FIB PETITIONER E-FILED Docket Text: DJ - DISPOSED BY JUDGE Filing Date: 07-JAN-2015 Filing Party: Disposition Amount: 000276 Docket Text: 14 none. NOAP - NOTICE OF APPEARANCE Filing Date: 07-JAN-2015 Filing Party: HAZELTINE ESQ., SHERI L Disposition Amount: Docket Text: 15 FIB ATTY HAZELTINE E-FILED OGPN - ORDER APPOINTING GDN OF PERSON Filing Date: Book 27264 - Page 695 07-JAN-2015 Filing Party: Disposition Amount: APPOINTING ELIZABEHT SAVITT AS LIMITED GUARDIAN S/B JUDGE JEFFREY GILLEN Docket Text: 16 LTRS -LETTERS Filing Date: 07-JAN-2015 Filing Party: Disposition Amount: Docket Text: 17 OF LIMITED GUARDIAN S/B JUDGE JEFFREY D GILLEN CPY - COPY Filing Date: 07-JAN-2015 Filing Party: Disposition Amount: COPY OF ORDER DETERMINING LIMITED INCAPACITY; SIGNED BY JUDGE GILLEN DTD 7-JAN-2015 Docket Text: 18 OAEC - ORDER APPT EXAMINING COMMITTEE Filing Date: 08-JAN-2015 Filing Party: Disposition Amount: Docket Text: FOR GUARDIAN TO PAY EXAM COMMITTEE S/B JUDGE JEFFREY D GILLEN RO-REOPEN Filing Date: 09-JAN-2015 000277 Filing Party: Disposition Amount: Docket Text: 19 none. PEAF - PETITION FOR ATTORNEY'S FEES Filing Date: 09-JAN-2015 Filing Party: Disposition Amount: Docket Text: FIB ATTY HAZELTINE RO-REOPEN Filing Date: 26-FEB-2015 Filing Party: Disposition Amount: Docket Text: 20 none. MEXT - MOTION FOR EXTENSION OF TIME Filing Date: 26-FEB-2015 Filing Party: Disposition Amount: TO INITIAL GUARDIANSHIP PLAN AND VERIFIED INVENTORY FIB ATTY HAZELTINE Docket Text: 21 IGDP - INITIAL GUARDIANSHIP PLAN Filing Date: 06-MAR-2015 Filing Party: Disposition Amount: Docket Text: 22 FOR PERIOD 1214114-1/31/16 E-FILED BY ELIZABETH SAVITT NOTCF - NOTICE OF CONFIDENTIAL FILING Filing Date: 06-MAR-2015 Filing Party: Disposition Amount: Docket Text: E-FILED BY SHERI L. HAZELTINE, ESQ. 000278 23 IVIV - INITIAL VER GDNSHP INVENTORY Filing Date: 06-MAR-2015 Filing Party: Disposition Amount: Docket Text: E-FILED BY ELIZABETH SAVIT RO-REOPEN Filing Date: 12-MAR-2015 Filing Party: Disposition Amount: Docket Text: 24 none. PET - PETITION Filing Date: 12-MAR-2015 Filing Party: SAVITT, ELIZABETH Disposition Amount: FOR AUTHORIZATION TO ACT FIB ATTY HAZELTINE OBO GUARDIAN Docket Text: RO-REOPEN Filing Date: 16-MAR-2015 Filing Party: Disposition Amount: Docket Text: 25 none. PET - PETITION Filing Date: 16-MAR-2015 Filing Party: SAVITT, ELIZABETH Disposition Amount: FOR AUTHORITY TO ACT FIB ATTY HAZELTINE OBO ELIZABETH SAVITT Docket Text: 26 NOH - NOTICE OF HEARING Filing Date: 18-MAR-2015 Filing Party: HAZELTINE ESQ., SHERI L Disposition Amount: Docket Text: ON 03/25115 AT 8:45 AM FIB ATTY HAZELTINE 000279 AS - REDISPOSED Filing Date: 24-MAR-2015 Filing Party: Disposition Amount: Docket Text: none. AS - REDISPOSED 24-MAR-2015 Filing Date: Filing Party: Disposition Amount: Docket Text: 27 none. AGOR - AGREED ORDER Filing Date: 24-MAR-2015 Filing Party: Disposition Amount: AUTHORIZING PAYMENT OF ATTORNEYS FEES AND COSTS S/B JUDGE JEFFREY D GILLEN Docket Text: 28 AGOR-AGREED ORDER 24-MAR-2015 Filing Date: Filing Party: Disposition Amount: ON MOTION FOR EXTENSION OF TIME OF 45 DAYS TO FILE REPORTS S/B JUDGE JEFFREY D GILLEN Docket Text: AS - REDISPOSED Filing Date: 25-MAR-2015 Filing Party: Disposition Amount: Docket Text: 29 none. AGOR - AGREED ORDER Filing Date: 25-MAR-2015 Filing Party: Disposition Amount: Docket Text: FOR AUTHORIZATION TO ACT S/B JUDGE JEFFREY D GILLEN 000280 RO-REOPEN Filing Date: 15-APR-2015 Filing Party: Disposition Amount: Docket Text: none. RO-REOPEN Filing Date: 15-APR-2015 Filing Party: Disposition Amount: Docket Text: 30 none. CAVI - CLERK AUDIT VERIFIED INVENTORY Filing Date: 15-APR-2015 Filing Party: Disposition Amount: Docket Text: 31 none. CRPL- CLERKS REVIEW OF GDNSHPPLAN Filing Date: 15-APR-2015 Filing Party: Disposition Amount: Docket Text: none. AS - REDISPOSED 21-APR-2015 Filing Date: Filing Party: Disposition Amount: Docket Text: none. AS - REDISPOSED Filing Date: 21-APR-2015 Filing Party: Disposition Amount: Docket Text: none. 000281 32 OAGP - ORDER APPROVING GDNSHPPLAN Filing Date: 21-APR-2015 Filing Party: Disposition Amount: Docket Text: 33 FOR 12/4/15 - 1/31/16 S/B JUDGE JEFFREY D GILLEN OAII - ORDER APPROVING INVENTORY Filing Date: 21-APR-2015 Filing Party: Disposition Amount: Docket Text: S/B JUDGE JEFFREY D GILLEN RO-REOPEN Filing Date: 22-APR-2015 Filing Party: Disposition Amount: Docket Text: 34 none. PEAF - PETITION FOR ATTORNEY'S FEES Filing Date: 22-APR-2015 Filing Party: HAZELTINE ESQ., SHERI L Disposition Amount: Docket Text: FIB ATTY HAZELTINE AS - REDISPOSED Filing Date: 01-MAY-2015 Filing Party: Disposition Amount: Docket Text: 35 none. AGOR - AGREED ORDER Filing Date: 04-MAY-2015 Filing Party: Disposition Amount: 000282 AUTHORIZING PAYMENT OF ATTORNEYS FEES AND COSTS Docket Text: FIB JUDGE JEFFREY D GILLEN RO-REOPEN 25-AUG-2015 Filing Date: Filing Party: Disposition Amount: Docket Text: 36 none. PFO - PETITION FOR ORDER Filing Date: 25-AUG-2015 Filing Party: SAVITT, ELIZABETH Disposition Amount: AUTHORIZING PAYMENT OF COMPENSATION AND EXPENSES OF GUARDIAN FIB ATTY HAZELTINE OBO GUARDIAN Docket Text: AS - REDISPOSED 22-SEP-2015 Filing Date: Filing Party: Disposition Amount: Docket Text: 37 none. AGOR - AGREED ORDER Filing Date: 22-SEP-2015 Filing Party: TICKTIN, JUDGE JESSICA Disposition Amount: AUTHORIZING COMPENSATION AND EXPENSES OF GUARDIAN SIB JESSICA TICKTIN Docket Text: RO-REOPEN 11-DEC-2015 Filing Date: Filing Party: Disposition Amount: Docket Text: 38 none. OTSC - ORDER TO SHOW CAUSE Filing Date: 11-DEC-2015 Filing Party: TICKTIN, JUDGE JESSICA 000283 Disposition Amount: FOR 1/5/16 AT 9 S/B MAGISTRATE SARAH WILLIS - cancelled requirement met Docket Text: 39 AGDP - ANNUAL GUARDIANSHIP PLAN Filing Date: 14-DEC-2015 Filing Party: Disposition Amount: Docket Text: E-FILED FOR PERIOD 2/1/2016-1/31/2017 RO-REOPEN 11-JAN-2016 Filing Date: Filing Party: Disposition Amount: Docket Text: 40 none. PEAF - PETITION FOR ATTORNEY'S FEES Filing Date: 11-JAN-2016 Filing Party: Disposition Amount: Docket Text: FIB SHERI HAZELTINE 000284 Filing# 31261621 E-Filed 08/25/2015 09:59:42 AM iN i;H:ECIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH.COUNTY, FLORIDA Case No. 502014GA000630XXXXSB Division: IZ IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ. ------------------------------~' PETITION FOR ORDER AUTHORIZING PAYMENT OF COMPENSATION AND EXPENSES OF GUARDIAN Petitioner, ELIZABETH SAVITT, by and through her attorney, SHERI 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 proceeding· are: Fees: $-0Costs $-0- Petitioner has rendered services as limited guardian of the. Ward and· incurred expenses from December 8, 2014 through August 21, 2015, as more fully described and set forth in the itemized schedule of services and expenses attached hereto as Exhibit A, for which petitioner has not been ·paid. Based upon the criteria established by Section 744.108(2), 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: $ 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 R BOCK!> CLERK. 8/25/2015 9:59:42 AM*** EXHIBIT C 000285 benefit of the \Vard and the Ward's estate, and authorizing and directing that such compensation and expenses be paid from the assets of the Ward's estate. Under penalties of perjury. I declare that I have read the foregoing. and the facts aJleged are true, to the best of my knowledge and belief. DATED on thi~ti'ay of August, 2015 at Delray Beach, Florida. SHERI ~LTl~E & A~A.TES, P.A. By: " ~c/~ Sheri L. Hazeltine, Esq. sheri@hazeltinelaw.com Attorney for Limited Guardian Ms. Savitt Florida Bar No. 0674567 800 Palm Trail. Suite 3 Delray Beach. Florida 33483 (561) 243-4655 (office) (561) 243-6933 (fax) 2 000286 Savitt Guardians Elizabeth "Betsy'' Savitt 501 N Country Club Dr. Atlantis, FL 33462 Phone: 561-573-1292 I Fax: 561-439-6765 AccountStatelllent Prepared for Frances Berkowitz Re: Guardianship $0.00 $0.00 . $0.00 $13,440.30 $13,440.30 Previous Invoice Amount Last Payment Received Previous Balance Current Charges Total Due Matter: Guardianship Frances Berkowitz 000287 Savitt Guardians Elizabeth ''Betsy~' Savitt 501 N Country ClubDr. Atlantis, FL 33462 Phone: 561-573-1292 I Fax: 561-439-6765 Frances Berkowitz Invoice Date: August 21, 2015 Invoice Number: 10090 Invoice Amount: $13,440.30 Guar~ian's 12/8/2014 12/8/2014 12/9/2014 12/9/2014 12/10/2014 12/10/2014 12/10/2014 12/11/2014 12/12/2014 12115/2014 12/16/2014 12/19/2014 12/22/2014 12/26/2014 12/27/2014 12/31/2014 1/4/2015 Fees Travel to SunTrust to open accounts. T.C. Webb Millsaps re: case.history and history of law suits. E-mails, T.C.'s Webb Millsaps re: accounting of funds, withdrawing from cases. T.C. S. Hazeltine re; case history T.C. Webb Millsaps office for all of clients billing and receivables. T.C. S. Hazeltine for emergency petition foraccess to trust account at SunTrust Bank. Review of petition, signing and scan. T.C. Fran~es> Webb Millsap, re: background on finances. T.C. Sheryl Taylor re: case history T.C. Bruce Rosenwater re: settling law suits and wants to know if we are hiring·another attorney. T.C. Dr. Blume, wants to coordinate meeting with Frances as she is home alone during the day. Meeting with Frances at home. T.C. Sheryl Taylor. Went over guardianship and expecting Dr. visits. Review of funds paid to Webb and case as it relates to the husband and wife's involvement. Travel to SunTrust Bank for additional statements and copies of all checks. Review. Met with Dean Rosenbach re: transfer and review of bank documentation. E-mails from Webb re: finances and withdrawing from cases. Discussion of case with S. Hazeltine. T.C. Sheryl, spoke about the interview with Judith 000288 E.S. E.S. 2.00 .50 $190.00 E.S. .40 $38.00 E.S. E.S. .40 .20 $38.00 $19.00 E.S. .50 $47.50 E.S. .70 $66.50 E.S. E.S. .30 .30 $28.50 $28.50 E.S. .20 $19.00 E.S. E.S. 1.50 .40 $142.50 $38.00 E.S. 1.20 $114.00 E.S. .80 $76.00 E.S. .40 $19.00 E.S. E.S. .20 1.30 $19.00 $123.50 $47~50 1/6/2015 117/2015 1/7/2015 117/2015 1/7/2015 1/8/2015 1/10/2015 1/10/2015 1/13/2015 1/13/2015 1/13/2015 1113/2015 1/15/2015 1/15/2015 1/15/2015 1/17/2015 l/18/2015 1119/2015 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 from S. Hazeltine, Webb Millsap, Sheryl Taylor, Dean Rosenbach re: incapacity hearing, billing, finances. Attend hearing on incapacity. Consult with Ct. appointed attorney and S. Hazeltine after hearing about new attorney and care managers. (Discussion with Sheryl and Frances after hearing re:) (finances and.Webb Milsag's billmg\ T.C. S. Hazeltine office re: guardianship paperwork. Set up guardianship file and review. T.C. Dean Rosenbach, re: contract for services. Discuss plan of action. E-mail S. Hazeltine same. Create contact sheet for file. T.C. Frances> she can not find 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 help her try to locate her sister who is not answering the phone. Pen letter to Sheryl Taylor. Pick up file 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 Newnian 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 financial abuse~ Wants something to happen immediately after waiting a year and 1/2. T.C. Carla re: case· history and instruction for appointment with Frances today. E-mail Sheryl, she is now willing to help Frances find an apartment close to her so she can continue care 3 messages from Frances, sheis depressed about moving, her husband.wanted her welltaken care of. She only wants to move close to his resting place. T.C. Frances re: update on apartinent search. Research locations. T.C. Frances> T.C. Sheryl re: apartinent at Century Village, moving necessities. T.C. Marshall Rosenbach re: case 000289 E.S. .80 $76.00 E.S. E.S. .80 .30 $76.00 $28.50 ~ ~ ($19.00) E.S. E.S. E.S. .15 .80 .40 $14.25 $76.00 $38.00 E.S. E.S. .30 .20 $28.50 $19.00 E.S. .40 $38.00 E.S. .30 $28.SO E.S. E.S. .30 .70 $28.50 $66.50 E.S. .80 $76.00 E.S. .30 $28.50 E.S. .50 $47.50 E.S. .50 $47.50 E.S. .50 $47.50 E.S. .30 $28.50 1120/2015 1/20/2015 1123/2015 1/23/2015 1123/2015 1/26/2015 1/26/2015 1/26/2015 1127/2015 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 211312015 2/13/2015 2/13/2015 Receive contract and application from 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 apartinent. T.C. to apartment office 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 bilt meet with manager re: getting into unit 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 Joseph'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 office for conversation. T.C. Sheryl Taylor re: the multitude of manic phone calls from Frances. Received more history of her 000290 E.S. LOO $95.00 E.S. .60 $57.00 E.S. .40 $38.00 E.S. E.S. .20 .70 $19.00 $66.50 E.S. .20 $19.00 E.S. LOO $95.00 E.S. .40 $38.00 E.S. .40 $38.00 E.S. .70 $66.50 E.S. .50 $47.50 E.S. E.S. E.S. .50 1.30 1.80 $47.50 $123.50 $171.00 E.S. .20 $19.00 E.S. 2.20 $209.00 E.S. .40 $38.00 E.S. .80 $76.00 E.S. 1.50 $142.50 E.S. .70 $66-50 E.S. .20 $19.00 E.S. .30 $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 2118/2015 2118/2015 2/18/2015 2/19/2015 2/19/2015 2119/2015 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. T.C.'s 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 #30,000.00 retainer but does not remember signing an agreement. MultipJe phpne calls from 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 ofDr.'s and appointments. Travel to Frances after 12 phone messages increasingly 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 eat, has trouble bathing, some incontinence. Drove her to Fair Oaks for admitting, providing records and information Notes to file, 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 oflithium 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 docwnentation for lawsuits. Review psychological reports. History of non compliance with medication. T.C. Dr. re: keeping Frances for possibly 2 weeks until stabil. Will try injection of long term medications. T.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. 000291 E.S. E.S. .20 .50 $19.00 $47.50 E.S. .30 $28.50 E.S. 1.50 $142.50 E.S. .30 $28.50 E.S. E.S. .20 5.50 $19.00 $522.50 E.S. E.S. .30 .80 $28.50 $76.00 E.S. .80 $76.00 E.S. .90 $85.50 E.S. 1.20 $114.00 E.S. .20 $19.00 E.S. .20 $19.00 E.S. .30 $28.50 E.S. .50 $47.50 E.S. .20 $19.00 2/22/2015 2/23/2015 212312015 2/24/2015 2/24/2015 2/25/2015 2/26/2015 212612015 2/26/2015 2/26/2015 2/27/2015 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 staff. Frances calm but ready to leave. Still wants no meds. (T.C. Dean Rosenbach re: case U:Qdate1 hearing on Friday and Moreslife. Pen notes to case history. T.C. Frances, they did not give her clothes, told her to go and ask for them.(Told me slie wants Pricillw (and Sheryl behind bars.) T.C. Dean Rosenbach re: hourly vs contingency payment on cases filed. Update for hearing on Friday. (Settlement offer from Pricillm T.C. Staff atFair 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 first 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, placemen~ her mental state, how she can cope better. Review response e-mail from Att. Rosenbach. T.C. Frances E-mails from S. Hazeltine office 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 fit in. Set up interview with Rn who runs 2 small facilities. T.c. Frances, they are giving her a shot of Medicine tonigh~ she does not think it is safe. (I.C. Dean Rosenbachi U:Qdate on settlement. Firs~ (£heck arriving toda}?. T.C. Frances, she was seen by owner of ALF. She asks that they serve Kosher food. Said it will be difficult to place her. Work on Guardianship Plan and Inventory. ( 4) messages from Frances. Listen and pen to file. 000292 E.S. 1.40 $133.00 E.S. .50 $47.50 E.S. .20 $19.00 E.S. .50 . $47.50 E.S. .40 $38.00 E.S. .60 $57.00 E.S. .40 $38.00 E.S. E.S. .20 1.50 $19.00 $142.50 E.S. .30 $28.50 E.S. .80 $76.00 E.S. E.S. .20 1.20 $19.00 $114.00 E.S. E.S. E.S. E.S. E.S. E.S. .20 .20 .20 .30 .30 1.00 $19.00 $19.00 $19.00 $28.50 $28.50 $95.00 E.S. .20 $19.00 ~ (20) ~19.00) E.S. .20 $19.00 E.S. E.S. 1.20 .30 $114.00 $28.50 3/6/2015 3/6/2015 317/2015 3/8/2015 3/9/2015 3/9/2015 3/10/2015 3/10/2015 E-mails from Att. Rosenbach Travel to Sun Bank for more documents. Finalize inventory and guardianship plan. Send to S. Hazeltine. Billing and filling. 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 E.S. E.S. .25 .60 $23.75 $57.00 E.S. 50 $47.50 E.S. .20 $19.00 E.S. .70 $66.50 E.S. .50 $47.50 E.S. .60 $57.00 E.S. .20 $19.00 E.S. E.S. .25 1.50 $23.75 $142.50 E.S. .30 $28.50 E.S. 1.80 $171.00 E.S. .50 $47.50 E.S. .20 $19.00 E.S. .40 $38.00 E.S. .20 $19.00 E.S. .70 $66.50 E.S. .40 $38.00 E.S. .30 $28.50 E.S. .80 $76.00 E.S. .40 $38.00 Place. 3/11/2015 3/11/2015 3/11/2015 3/11/2015 3111/2015 3/11/2015 3/12/2015 3/12/2015 3/13/2015 3/15/2015 3/16/2015 3/18/2015 3/18/2015 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. T.C.'s Frances re: living situation, past history review. Visit with Frances, calm her down, assure her we will get everything she needs. T.C. Kimberly at Anguilla re: adjustments for Frances. 000293 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 3/30/2015 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 ove~ to see her. She can't find her ID's. T.C. Anguilla, they have them in office. Gave permission to give back to her. Scan Death Certificate to Dean Ros~nbach office for Jerry Berkowitz. T.C. Dean Rosenbach. Receive and review petition for Jerry Berkowitz. (T.C.'s Frances1 she is not happy;i hates to ha~~ @jection of medication" wants to move:1 wants toitaI!9 ffii1lie attorney) T.C. Anguilla re: issues with Frances. T.C.'s 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 psychiatrist. T.C. Frances, set up meeting. Meeting with Dean and Frances. Meeting with staff. re: moving furniture 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 filling. 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 :furniture out, have to find 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 fixating 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: psych issues. E-mails from Att. Rosenbach re: case. Review file. T.C. Frances. Return e-mails for aide. T.C.·to forgotten soldiers to pick up couch and breakfront from apt. T.C. Joseph's place askin~ when we will have apt. empty. 000294 E.S. .30 $28.50 E.S. .10 $9.50 E.S. .50 $47.50 ~ 09) ($38.00) E.S. .50 $47.50 E.S. .40 $38.00 E.S. E.S. .20 .50 $19.00 $47.50 E.S. E.S. E.S. .30 .20 1.50 $28.50 $19.00 $142.50 E.S. E.S. E.S. .20 .20 .50 $19.00 $19.00 $47.50 E.S. E.S. .15 .50 $14.25 $47.50 E.S. .40 $38.00 E.S. .80 $76.00 E.S. .40 $38.00 E.S~ .30 $28.50 E.S. .40 $38.00 E.S. E.S. E.S. .30 .40 .20 $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 4/27/2015 4/29/2015 5/5/2015 5/6/2015 51712015 51712015 5/8/2015 5/8/2015 5/9/2015 5/10/2015 5/11/2015 5/11/2015 511212015 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 Anquilla 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. Talce 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 would try to move to MorseLife where they serve Kosher food. E-mail attorney re: settlement. T.C. Att. Rosenbach re: help withMoreselife. T.C. Frances, T.C .. Morselife. Billing and filling for Marisol. T.C. Marisol for update. Review language and amounts discussed 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 from Frances. T.C. the Berkowitz's accountant. T.C. Ombudsman. She is receiving T.C.'s from Frances every day. Issues are food, housing, visiting her husband, getting a new phone. Review documents from bank and correspond with attorney re: settlement of Am Trust interpleader. Review billing from. Companion. Monthly billing and filling~ 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 appointment for tour. T.C. Frances, and arrange transportation and aide. Travel to Morselife to meet director and tour. T.C. Michelle at Morselife, suggest Psychiatric ALF 000295 E.S. E.S. .20 .50 $19.00 $47.50 E.S. .40 $38.00 E.S. .40 $38.00 E.S. 1.30 $123.SQ. E.S. E.S. E.S. .20 .30 .70 $19.00 $66.50 E.S. .70 $66.50 E.S. .40 $38.00 E.S. .50 $47.50 E.S. .40 $38.00 E.S. .80 $76.00 E.S. .50 $47.50 E.S. E.S. .20 .30 $19.00 $28.50 E.S. 1.40 $133.00 E.S. .30 $28.50 E.S. .50 $47.50 E.S. 1.20 $114.00 E.S. .60 $57.00 E.S. E.S. 1.50 .20 $142.50 $19.00 $28.50 5/13/2015 5/14/2015 5/15/2015 5/15/2015 5/15/2015 5/15/2015 511812015 5/18/2015 5/19/2015 5/20/2015 5/21/2015 5/2212015 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 6/6/2015 61712015 6/8/2015 611512015 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 filing·for aide. Review e-mail from Att. Rosenbach re: inte:rpleader Multiple calls from Frances. Schedule to meet her this week. T.C. Frances, Anquilla Cay staff. 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,.(wants 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 stopped payment on her phone. Billing and filling. T.C. SunTrust bank investment advisor. Review settlement from 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 JFS help. T.C. Frances concerned over money. Meeting at Wells Fargo re: new investm.ent plan. Meeting with Frances. T.C. Pharmacy, nurse Murphy, Wellcare. Download 000296 E.S. E.S. .20 .40 $19.00 $38.00 E.S. .80 $76.00 E.S. .30 $28.50 E.S. AO $38.00 E.S. E.S. E.S. .15 .20 .30 $14.25 $19.00 $28.50 E.S. .30 $28.50 E.S. .30 $28.50 E.S. 1.20 $114.00 E.S. E.S. E.S. E.S. .30 .20 .25 .70 $28.50 $19.00 $23.75 $66.50 E.S. .60 $57.00 E.S. E.S. .40 1.20 $38.00 $114.00 E.S. .80 $76.00 E.S. .20 $19.00 E.S. .30 $28.50 E.S. 1.00 $95.00 E.S. .20 $19.00 E.S. E.S. E.S. E.S. .80 .30 .40 .60 $76.00 $28.50 $38.00 $57.00 E.S. 1.00 $95.00 6/19/2015 6/23/2015 6/23/2015 6/23/2015 6/23/2015 6/23/2015 612612015 612612015 6/28/2015 6/29/2015 711/2015 7/212015 7/6/2015 11812015 7/13/2015 7/13/2015 7/16/2015 7117/2015 7117/2015 7117/2015 7/18/2015 7/19/2015 7/20/2015 7/20/2015 7/20/2015 7/21/2015 7/21/2015 forms, submit. Pick up Frances and go out to Veterans cemetery to see where she has plot pre-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 Attorney 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 onfinding 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, turns 85 today. Spoke about getting her into activities. Review final 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 from Rosenbach on interpleader case. T.C. Frances, she now wants to move, has had an altercation with another resident. 1'.Review lawsuit against WebbMillsap. T.C. SunTrust, funds arrived. Set up appt. with advisor. T.C. Frances Discussion with Dean Rosenbach concerning reductions to bill and preparation of E-mail memorializing same. Meeting with Frances re: s.enior center. Brought her to dinner and spoke with kitchen staff re: getting her .food she wants to eat. Discussion with new nursing staff re: attending senior center with urinary problem. Review files for original bill~g. T.C. Frances re: getting aide to take her out. Additional review of billing on interpleader case. Emails to ·nean Rosenbach. Interview additional aid. Set up meeting. 000297 E.S. 1.50 $142.50 E.S. .20 $19.00 E.S. .30 $28.50 E.S. E.S. E.S. .30 .25 .20 $28.50 $23.75 $19.00 E.S. .20 $19.00 E.S. .30 $28.50 E.S. .30 $28.50 E.S. E.S. .25 .20 $23.75 $19.00 E.S. 1.30 $123.50 E.S. E.S. E.S. .10 .30 .30 $9.50 $28.50 $28.50 E.S. 1.50 $142.50 E.S. .20 $19.00 IE-=-§) E.S. ~ .20 ''$47.50 $19.00 E.S. E.S: .20 1.25 $19.00 $118.75 E.S. 1.25 $118.75 E.S. .30 $28.50 E.S. E.S. E.S. .30 .20 .40 $28.50 $19.00 $38.00 E.S. .60 $57.00 7/2112015 7/23/2015 7/23/2015 7/26/2015 7/26/2015 7/27/2015 7/28/2015 7/31/2015 8/2/2015 8/2/2015 8/3/2015 8/3/2015 8/10/2015 8/10/2015 8/11/2015 8/12/2015 8/13/2015 8/14/2015 8/16/2015 8/16/2015 r'8/f7/20T51 812012015 8/20/2015 8/21/2015 8/21/2015 SUBTOTAL: Communicate to Frances. Fiffout forms for day center. Update new profile sheet. Research address for Sheryl Taylor. Interview new aide with Frances. Travel to Lake Worth Senior Center. Submit applications for dining and attending. Tour facility with Frances and select classes to participate in. Fill and submit application for Palm Tran. T.C. Frances, loney, wants visitors. Arrange aide for afternoon. (]leview of request for admissions from defendant (Greenspan and 4.PDF's of attachments. Multiple calls (12) from Frances re: going to the senior center. She is anxious about doing anything new. States she only wants to talk. T.C. Anguilla, issues with Frances. T.C. Aide will show at 3:00 and go to senior center. T.C. Aide, emergency, had to cancel. T.C. Frances, inconsolable. Visit to France's, meet with staff re: medications, food. (Review of revised final bill on interpleader case.) T.C. Frances (12), distraught, lonely, wants her husband back. T.C.'s Frances re: getting more help. T.C. Frances re: scheduling. Billing and filling. Billing and filing. T.C.'s :from Frances, still having abdominal pain. T.C. Nurses to checkwith Dr. Coordinate new aide. T.C. Anguilla, Frances needed extra attention for bowls. Coordinate shopping and meeting new aide. T.C. aide to review Frances requests and scheduling. T.C. SunTrust managers. Review debit card, accounting,.review billing on complete matter. Visit to Frances at home. IJ,>reparation of answers to interrogatories and1 (responses to request for admissions. Confwiili (council. Preparation of revisions to same.) !Met with Dean Rosenbach to review contingency: (cases against Webb and TaylorJ ~T.C. Dean Rosenbach re: interrogatories, request (medical records. T.C. and Fax to Dr. Troman8. T.C. to schedule aides. Pay bills. Reconcile online account. Revise budget for investment meeting. T.C. JeffEdglo at SunTrust re: discussed petition to invest. Trust fund and cd and high interest account. Suntrust fem E.S. .80 $76.00 E.S. 2.00 $190.00 E.S. E.S. .20 .20 $19.00 $19.00 (E.S-:1 12.50) 1$237.50; E.S. .50 $47.50 E.S. .50 $47.50 E.S. 1.20 $114.00 E.S. E.S. 1.00 .20 $95.00 $19.00 E.S. E.S. E.S. E.S. .20 .20 .40 .30 $19.00 $19.00 $38.00 $28.50 E.S. .30 $28.50 E.S. .30 $28.50 E.S. E.S. .20 1.20 $19.00 $114.00 E.S. !E~S) .50 1230) 1$-237~50; m:sJ 11-:-00) 1$95:00~; tE~S] [50) 1$47:so) E.S. .60 $57.00 E.S. .40 $38.00 .10 $9.50 $13,395.00 E.S. 141.00 000298 $47.50 Costs 1/7/2015 , _ ? 1/18/2015 1/18/2015 7/3/2015 8/4/2015 SUBTOTAL: Clerk of court fees for court orders. Postage 10 x .49 Printing 35 X .25 Printing 35 x .25 Postage 10 x .49 $18.00 $4.90 $8.75 $8.75 $4.90 $45.30 TOTAL: $13,440.30 PREVIOUS BALANCE DUE: $0.00 CURRENT BALANCE DUE AND OWING: $13,440.30 000299 5/22/2016 Judge's wife getting more complaints about guardianship fees Iwww.mypalmbeachpost.com SUBSCRIBE ~b 75° as low as 99~ my LOG OUT (fb Judge's wife facing more complaints about guardianship fees NEWS By John Pacenti -Palm Beach Post Staff Writer Updated: 6:14 p.m. Friday, May 20, 2016 I Posted: 6:14 p.m. Friday, May 20, 2016 Carla Simmonds, aDelray Beach nursing administrator and mother of two, decided two years ago to get in shape by attending a"boot camp workout." But after avigorous session in February 2014, Simmonds suffered alifeshattering stroke caused by aleak in her carotid artery that triggered amassive blood clot in her frontal lobe. Doctors were forced to temporarily remove half of the 47-year-old's skull to contain swelling so her brain did not dislodge from her spinal cord. Simmonds was left unable to speak and with the mental capacity of a4-year-old. All she could do was cry. Years of recovery awaited. EXHIBIT D http://www.mypalmbeachpost.com/news/news/judges-wife-facing-more-complaints-about-guardians/nrQ4KJ 000300 1/15 5/22/2016 Judge's wife getting more complaints about guardianship fees Iwww.mypalmbeachpost.com Daniel Schmidt, aformer boyfriend and retired Merrill Lynch financial planner, stepped up, taking her into his home and guiding her on aremarkable recovery. But the court system also ended up putting the stroke victim in the hands of professional guardian Elizabeth "Betsy" Savitt, the wife of embattled Palm Beach County Circuit Judge Martin Colin. Dan Schmidt and Carla Simmonds stand outside their Boca Raton home. Schmidt has been caring for Simmonds since her stroke in ... Read More The judicial power couple were the subject of aseries of reforms handed down http://www.mypalmbeachpost.com/news/news/judges-wife-facing-more-complaints-about-guardians/nrQ4K/ 000301 2/15 5/22/2016 Judge's wife getting more complaints about guardianship fees Iwww.mypalmbeachpost.com this year by the chief judge after The Palm Beach Post's series, Guardianships: A Broken Trust. The newspaper's investigation showed how Savitt took tens ofthousands of dollars in fees without prior court permission from seniors in her guardianships and compiled alitany of complaints from families of her wards. All of Savitt's guardianship cases were moved to the north county courthouse to avoid any appearance of favoritism toward the judge's wife. Savitt, though, is still drawing complaints about her fees in the handful of guardianship cases she has left. When families ask her to resign, she has demanded fees upfront for her and her attorney Ellen Morris. The judge's wife insists they also agree not to sue or pursue litigation against her. http://www.mypalmbeachpost.com/news/news/judges-wife-facing-more-complaints-about-guardians/nrQ4K/ 000302 3/15 5/22/2016 Judge's wife getting more complaints about guardianship fees Iwww.mypalmbeachpost.com Carla Simmonds is the ward of Elizabeth Savitt, the wife of Circuit Judge Martin Colin. Savitt and her attorney soughtto drain ... Read More 'All about the money' http://www.mypalmbeachpost.com/news/news/judges-wife-facing-more-complaints-about-guardians/nrQ4K/ 000303 4/15 5/22/2016 Judge's wife getting more complaints about guardianship fees Iwww.mypalmbeachpost.com In the Simmonds case, Savitt, aformer tennis pro, attempted to draw fees from the stroke victim's $640,000 trust, which wasn't part of the guardianship money, and then wanted to drain her $46,000 IRA to pay fees for about one-quarter of its worth. But Schmidt stood in Savitt's way. Simmonds before her stroke had given him her power of attorney. Elizabeth Savitt (right) confers with Attorney Sheri Hazeltine in ahearing regarding attorney's fees for Albert Bach, center, last year at ... Read More "From the outset, whether it be her family, the lawyers or the guardian, nobody http://www.mypalmbeachpost.com/news/news/judges-wife-facing-more-complaints-about-guardians/nrQ4K/ 000304 5/15 5/22/2016 Judge's wife getting more complaints about guardianship fees Iwww.mypalmbeachpost.com has acted in Carla's best interest but me. It's been all about the money," Schmidt told The Post. In order to get Savitt to resign, Schmidt opened up his own wallet and wrote a $9,000 check to Morris. He wrote another check from Simmonds' trust account for $4,300 for Savitt's fees. "I said, 'Enough! Eliminate these people - stop the nonsense,"' Schmidt said."lt's amazing how you got to fight all these people. And it all goes against the person who is supposed to to be protected: Carla Simmonds." In another case, Susan Bach is trying to finalize as well Savitt's resignation as the guardian of her father, 86-year-old Albert Bach. He has been in aConnecticut nursing home near her since December, but his daughter has been wrangling with the judge's wife and her attorney for months. Susan Bach had to consent not to fight Savitt's fees in court if she wanted the judge's wife to resign. "We can't get rid of Elizabeth Savitt. My father keeps asking me, 'Is she gone yet?' because he can't stand her," she said. "I think she gets away with things normal people wouldn't be able to get away with. I feel like arabbit in arabbit hole who can't get out because people keep throwing dirt on you." Fernando Gutierrez, acurrent board member for the Florida State Guardianship Association, said he would never demand fees upfront if asked to resign from a case. http://www.mypalmbeachpost.com/news/news/judges-wife-facing-more-complaints-about-guardians/nrQ4K/ 000305 6/15 5/22/2016 Judge swife getting more complaints about guardianship fees Iwww.mypalmbeachpost.com 1 "We are talking about human beings here and I think her approach is inhumane," he said. "She should show alittle mercy." He said guardians like Savitt give the profession ahorrible image. "The fact is she has already been paid some money and she is holding these people hostage. It's almost barbaric," he said. "This is really, really bad." 'Higher standards of best practices' When it comes to billing practices of professional guardians, Chief Judge Jeffrey Colbath has vowed to standardize the process. He appointed acommittee of circuit judges John Phillips, Janis Keyser and Jessica Ticktin to look at guardianship not only within the courts, but among lawyers, guardians and other stakeholders. "Based upon our ongoing examination of how guardianships are handled here and around the State, we have discovered that the practices vary widely," Colbath said. "We here in Palm Beach County strive not only to meet the legal requirements imposed by law and rules of procedure, but to achieve ahigher standard of best practices." Families in other Savitt guardianships haveleveled complaints about doubledbilling and the judge's wife pursuing unnecessary litigation that increases fees for herself and her attorneys. Savitt contends she isn't the only guardian who takes fees before judicial approval and has the blessing of her attorney, Morris, the administrative chair on the Florida Bar's executive Committee of the Elder Law Section. http://www.mypalmbeachpost.com/news/news/judges-wife-facing-more-complaints-about-guardians/nrQ4K/ 000306 7/15 5/22/2016 Judge's wife getting more complaints about guardianship fees Iwww.mypalmbeachpost.com The auditor for the Clerk and Comptroller's Office, which reviews guardianship cases, told The Post for the January series that the judge's wife was the only guardian in the county to take fees without prior court approval. Fees take center stage in the contentious Simmonds guardianship, fueling the tell-tale acrimony found in many of Savitt's cases. Documents show Savitt and Morris initially attempted to pry open Simmonds' $640,000 trust for fees despite the fact that they knew the trust was off limits to the guardianship, according to pleadings. When Schmidt objected, the duo dropped the matter and moved on to Simmonds' $46,000 IRA. The judge's wife described Schmidt - as she has done her other critics - as "disgruntled." "His contentions are not worthy of response," Savitt wrote in an email to The Post. Morris said Schmidt has not allowed Simmonds to see her family. She said he uses vulgar language, makes threats and that she has "proof of the poor character of this man." "I cannot fathom except to continue sensationalizing anon-story for your own gain to the detriment of innocent people," she said in her email. Morris, in an April 20 email to Schmidt's attorney, demanded he retract statements to The Post. "If an article is published, Betsy will have to respond by publishing your client's http://www.mypalmbeachpost.com/news/news/judges-wife-facing-more-complaints-about-guardians/nrQ4K/ 000307 8/15 5/22/2016 Judge's wife getting more complaints about guardianship fees Iwww.mypalmbeachpost.com texts and emails," Morris wrote. "And if we go to hearing I will (be) introducing those texts and emails into the record for the judge to hear." Schmidt echoed concerns of other families, saying Savitt appeared over her head in handling Simmonds' finances. Among his complaints are that the judge's wife bungled Simmonds' finances, mistakenly saying she owed income and property tax when she didn't. Savitt also failed to secure insurance in order to rent out the stroke victim's empty Delray Beach residence, he said. The retiree says he has spent $150,000 of his own money on Simmonds care and legal fees. He lost an effort to sell Simmonds' 2013 Honda Civic, worth an estimated $15,000, when Savitt - with ajudge's consent- gave it to the stroke victim's eldest son. In the Bach case, when his daughter asked about fees, Savitt unleashed an email tirade, threatening to bring up accusations against Susan Bach in court. "You should present that matter to the judge to see if he agrees with you," Savitt wrote Susan Bach on May 11. "If you do not take that action, it will be clear that you are continuing to bark frivolous claims that cast unfavorable light on you." Schmidt said an angry Savitt has shown up unannounced on his doorstep more than once making the unsubstantiated allegation that he was abusing Simmonds and that she was going to put the stroke victim in anursing home. "Throughout this entire time, I'm being threatened," Schmidt said. "She said, 'My husband is ajudge. You don't know who I am. I can get away with anything I want http://www.mypalmbeachpost.com/news/news/judges-wife-facing-more-complaints-about-guardians/nrQ4K/ 000308 9/15 5/22/2016 Judge swife getting more complaints about guardianship fees Iwww.mypalmbeachpost.com 1 in court."' Morris said Savitt is "court-ordered to visit her ward. She has the right to show up announced or unannounced at any time." She says Savitt would never threaten her ward or put Simmonds in anursing home. 'Scared to death' But Simmonds has recovered enough that she can speak in one- or two-word sentences. Her sunny disposition shines through on the day when she was interviewed. When asked: "If you could say one word how you feel about Elizabeth Savitt what would it be?" "Ooh. Bad. Bad. Bad," Simmonds responds. "Is she not nice to you?" Simmonds is asked. "No. Threatening," the stroke victim manages to say. When asked what the threats were, Simmonds struggles but manages to say: "Nursing home." Schmidt said that Simmonds ended up in tears after speaking to Savitt on the phone in February 2015. "To this day, Carla is scared to death of Savitt," he said. http://www.mypalmbeachpost.com/news/news/judges-wife-facing-more-complaints-about-guardians/nrQ4K/ 000309 10/15 5/22/2016 Judge's wife getting more complaints about guardianship fees Iwww.mypalmbeachpost.com Court-ordered guardianship is designed to protect the well-being and finances of incapacitated adults. Most of the time family members serve as guardians, but in about one-fourth of the cases, professional guardians such as Savitt are appointed by judges. The state Legislature has tried to reign in the industry after receiving numerous reports of abuse, passing reforms to give the state more authority over guardians and to hold them criminally accountable if they are abusive. But, more often than not, families and loved ones of the ward are left to fight their own battles in front of judges, footing the bill for their own attorneys. After Schmidt's lawyer filed an objection, Circuit Judge Karen Miller wouldn't immediately sign off on liquidating Simmonds' IRA and encouraged adeposition of Savitt about the issue and other disagreements. But Judge Miller recused herself for reasons unknown in both the Simmonds and Bach cases. In the Bach guardianship, the ward's daughter has been trying to get ajudge to sign off on Savitt's resignation for nearly four months since she moved him to Connecticut in December. Susan Bach said she felt pressured to sign a settlement agreement to pay Savitt and Morris their fees. "They said if I didn't sign it and it went to acourt hearing, they could still take more money from dad and then he would be penniless. They could take money for phone calls, for e-mails, court costs," she said. "I am stuck. I have no leverage. She has my father's money. He only has $25,000 of his life savings left and they want to take as much as possible." http://www.mypalmbeachpost.com/news/news/judges-wife-facing-more-complaints-about-guardians/nrQ4K/ 000310 11/15 5/22/2016 Judge's wife getting more complaints about guardianship fees Iwww.mypalmbeachpost.com Frustrated, Susan Bach secured acourt hearing set for Friday, May 27. 'Crucial issues' In the Simmonds case, Morris urged Judge Miller at aMarch 23 hearing not to delay liquidating the $46,000 IRA and paying her fees: "We need to proceed your honor, because these are crucial issues," she said. But Morris had received some money for her work. Records show that Savitt paid attorney Morris at least ahalf dozen times about $6,000 total from the Simmonds guardianship. When asked about the payments before judicial approval, Morris said they are allowed under state guardianship law. "Correct fact but so what?" she wrote in an email reply. David Garten, Simmonds' attorney who is paid by Schmidt, said Savitt and Morris' desire to liquidate the IRA account to pay for afew thousand dollars in fees wasn't in the best interest of the stroke victim. "So you are owed about $6,000? Why do you want to take the client's retirement account, cash it in, and get 50 cents on adollar after taxes and penalties?" Garten told The Post. "We were trying to understand what their logic is there." Savitt and Morris had other venues to draw their fees: $3,300 in the guardianship accout, $1,500 amonth from Social Security, $2,800 in Simmonds' health savings account and $5,000 owed from health insurance, according to court documents. Garten said Schmidt has dedicated years of his retirement taking care of Simmonds 24 hours aday- something no nursing home or hired caregiver would do. "He is giving her the best of care," he said. http://www.mypalmbeachpost.com/news/news/judges-wife-facing-more-complaints-about-guardians/nrQ4K/ 000311 12/15 5/22/2016 Judge swife getting more complaints about guardianship fees Iwww.mypalmbeachpost.com 1 Schmidt never imagined himself in his current situation. He had lost touch with Simmonds after they briefly dated, but got acall from her attorney after the stroke. He found out that he had her power of attorney over the $640,000 trust and had been named her personal representative in case she died. He said he was reluctant to sign on but was persuaded by the family. He said Simmonds obviously had good reason to protect her assets: "She knew her family better than I did." When Schmidt sought to be Simmonds' permanent guardian, he ran into opposition from the family and by the stroke victim's court-appointed attorney at the time. Savitt then entered the picture, appointed by Judge Jeffrey Gillen, who then worked afew doors down from her husband. Despite his negative experience, Schmidt still has faith in the guardianship system. "I have to believe there are people who know what they are doing and they do give alittle empathy back toward the ward," he said "There has to be people out there who don't threaten people to get their way. And they do sit down and try to understand the facts and work for the best interests of the ward and not for themselves." What The Post Found The savings of incapacitated seniors flow into the household of Palm Beach County Circuit Judge Martin Colin, http://www.mypalmbeachpost.com/news/news/judges-wife-facing-more-complaints-about-guardians/nrQ4K/ 000312 13/15 5/22/2016 Judge's wife getting more complaints about guardianship fees Iwww.mypalmbeachpost.com courtesy of Colin's wife - professional guardian Elizabeth "Betsy" Savitt. Fees in most of her cases were approved by another judge who is afriend of her husband's. Colin approved the fees of her lawyers in other cases. www.mypalmbeachpost.com/guardianships-colin-savitU NEED TO KNOW MORE? Sign up for FREE Post newsletters. Travel, News, Golf and more. Choose your favorites and we'll deliver. Reader Comments 1 Next Up in News Cecil the Lion's grandcubs are ready to carry on his legacy - listen to their roars WATCH: Police use canoe to rescue dog stranded in North Carolina river Vietnamese eager to show off country to world when Obama visits http://www.mypalmbeachpost.com/news/news/judges-wife-facing-more-complaints-about-guardians/nrQ4K/ 000313 14/15 5/22/2016 Judge's wife getting more complaints about guardianship fees Iwww.mypalmbeachpost.com Vietnamese eager to show off country to world when Obama visits Valedictorian banned from graduation ceremony over facial hair More Stories NEWS~ MARKETPLACE ~ AFFILIATES ~ ABOUT US~ ©2016 Cox Media Group. By using this website, you accept the terms of our Visitor Agreement and Privacy Policy, and understand your options regarding Ad Choices ~· Learn about careers at Cox Media Group http://www.mypalmbeachpost.com/news/news/judges-wife-facing-more-complaints-about-guardians/nrQ4K/ 000314 15/15 Filing# 42781742 E-Filed 06/15/2016 02:27:17 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502014GA000630XXXXNB Division: "IJ" IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ RESPONSE TO PETITIONERS' MOTION FOR REHEARING OF OMNIBUS ORDER COMES NOW ELIZABETH SAVITT ("Savitt" or the "Guardian"), as Limited Guardian of the Person and Plenary Guardian of the Property of FRANCES BERKOWITZ (the Ward), by and through her undersigned counsel, and hereby responds to Petitioners' Motion for Rehearing of Omnibus Order filed by DONNA GREENSPAN SOLOMON ("Solomon") and WILLIAM WEBSTER MILLSAPS ("Millsaps"), as follows: 1. Regardless of the merit of their argument that the Guardian did not obtain court approval for a settlement, Solomon and Millsaps lack standing to participate in or object to the settlement the guardian entered into with defendants in a civil lawsuit to which neither Solomon nor Millsaps were a party. 2. Further, no misrepresentations were made to the Court. The undersigned counsel, Ellen S. Morris, Esq. ("Morris") informed the Court that she was not the attorney of record at the time of the settlement, didn't know if court authority was sought and received for the civil settlement, but did know that the circuit court in which the civil action was pending authorized the settlement. Savitt likewise didn't know if court authority was sought in the guardianship court. Regardless, the issue of this Court's authority is between the Court and the Guardian and neither Millsaps nor Solomon has standing to object or intervene. 3. Solomon and Millsaps now try to raise issues about the lawsuit that the Guardian has brought against them and say that the lawsuit it costing the Ward money. Again, they have no standing as to the authority for the Guardian to bring this lawsuit. Further, a hearing was held in front of the Court wherein the costs and fees were discussed and testified to by Dean Rosenbach, Esq. making this Court aware of the fees that Morris and Savitt would be charging related to that lawsuit and the Court cautioned Morris and Savitt about those fees, a caution which Morris and Savitt have heeded. 4. Further, Millsaps and Solomon's estoppel argument is contrary to law. If Mrs. Berkowitz had settled the suit herself, she would not be estopped from seeking a claim for excessive fees against Millsaps and Solomon. Millsaps and Solomon provide no authority for their estoppel argument. 000315 FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 06/15/2016 02:27:17 PM 5. Solomon and Millsaps argue that an evidentiary hearing was needed. This hearing was set for an evidentiary hearing and Millsaps and Solomon brought no witnesses. Solomon and Millsaps, as officers of the court, recited the basis for their alleged standing, including that they had a close personal relationship with the Ward, and the Court took that as an evidentiary fact, which it is, yet still found that Millsaps and Solomon lacked standing. Precedent appellate opinions have denied standing even to a ward's mother and children. The issue of standing of Solomon and Millsaps was fully testified to, argued and ruled upon by the Court. 6. Solomon and Millsaps agreed to the form of this Order and can't now argue that the Order is contradictory. They cite no new circumstances as a basis for a rehearing on the issue of a contradictory order. 7. Lastly, Solomon and Millsaps have attached a newspaper article. to their motion in a blatant attempt to taint this case and suggest the article has bearing on the truth or veracity of their motion. They should be sanctioned for this unprofessional conduct by the Court. Such a sanction is within the Court's inherent authority. See Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993) WHEREFORE, the Guardian, Elizabeth Savitt, respectfully requests that the Court deny Petitioners' Motion for Rehearing and assess attorney's fees and costs against the Petitioners in favor of the Ward. '> I HEREBY CERTIFY that a copy of the foregoing was served via the e-Portal on this \is'° day of June, 2016, to Donna Greenspan Solomon, Esq., SOLOMON APPEALS, MEDIATION & ARBITRATION, 901 South Federal Highway, Suite 300, Fort Lauderdale, FL 33316 and Webb Millsaps, Esq., WEBB MILLSAPS LAW FIRM, PA, 160 West Camino Real, #190, Boca Raton, FL 33432 and to Mrs. Frances Berkowitz c/o Elizabeth Savitt. Ellen S. Morris, Esq. Attorney for the Guardian Florida Bar Number: 850306 ELDER LAW ASSOCIATES PA 7284 W. Palmetto Park Road, Suite 101 Boca Raton, FL 33433 Telephone: (561) 750-3850 Fax: (561) 750-4069 E-Mail: emorris@elderlawassociates.com Secondary E-Mail: lrubin@elderlawassociates.com Secondary E-Mail: clawrence@elderlawassociates.com 000316 Filing# 42859772 E-Filed 06/16/2016 02:34: 17 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA PROBATE/GUARDIANSHIP "IJ" CASE NO.: 50 2016 GA 000630 XXXX NB IN RE: GUARDIANSHIP OF: FRANCES BERKOWITZ. ORDER DENYING PETITIONERS' MOTION FOR REHEARING OF OMNIBUS ORDER THIS MATTER came before the Court in Chambers on June 13, 2016 in regards to Petitioners' Motion for Rehearing of Omnibus Order. After reviewing the foregoing motion and considering this matter without further hearing thereon, it is hereby ORDERED as follows: The Petitioners' Motion for Rehearing of Omnibus Order is DENIED. DONE AND ORDERED in Chambers, at Palm Beach Gardens, Palm Beach County, Florida this the 15th day of June, 2016. HOWARD K. COATES, JR., Circuit Judge copies furnished: Ellen S. Morris, Esquire, 7284 W. Palmetto Park Road, Suite 101, Boca Raton, FL 33433 emorris@elderlawassociates.com Webb Millsaps, 160 W. Camino Real #190, Boca Raton, FL 33432 webb@webmillsapslaw.com Donna G. Solomon, 901 So. Federal Highway, Ft. Lauderdale, FL 33316 donna@Solomon-Appeals.com 000317 FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 06/16/2016 02:34:17 PM Filing# 43021501E-Filed06/21/2016 12:21:50 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000630XXXXNB Division: IJ IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ - - - - - - - - - - - - - - -I PETITIONER'S NOTICE OF APPEAL NOTICE IS HEREBY GIVEN, pursuant to Florida Rules of Appellate Procedure 9.170 and 9.130(a)(5), that Petitioner/Appellant, WILLIAM WEBSTER MILLSAPS ("Petitioner"), appeals to the Fourth District Court of Appeal 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, a copy of which is annexed hereto as "Exhibit A," and the Order Denying Petitioners' Motion for Rehearing of Omnibus Order, entered on June 16, 2016, a copy of which is annexed hereto as "Exhibit B." The nature of the Omnibus Order is a final order appealable pursuant to Florida Rule of Appellate Procedure 9 .170(b) in that it finally determines the right of an interested person as defined in the Florida Probate Code - i.e., a person who 000318 FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 06/21/2016 12:21 :50 PM may reasonably be expected to be affected by the outcome of the particular proceeding involved. Alternatively, the Omnibus Order is a non-final order appealable pursuant to Florida Rule of Appellate Procedure 9.130(a)(5) in that it was entered on an authorized and timely motion for relief from judgment under Florida Rule of Civil Procedure 1.540. The Omnibus Order denied Petitioner's 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. Respectfully Submitted, By: Isl Donna Greenspan Solomon DONNA GREENSPAN SOLOMON Florida Bar No.: 59110 Donna@SolomonAppeals.com SOLOMON APPEALS, MEDIATION & ARBITRATION 901 South Federal Hwy, Ste. 300 Ft. Lauderdale, FL 33316 Telephone: 561-762-9932 WEBB MILLSAPS Florida Bar No: 0032414 webb@webmillsapslaw.com WEBB MILLSAPS LAW FIRM, PA 160 West Camino Real, # 190 Boca Raton, FL 33432 Telephone: (561) 900-7238 2 000319 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served via email 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 21st day of June, 2016. By: /s/ Donna Greenspan Solomon DONNA GREENSPAN SOLOMON 3 000320 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502014GA000630XXXXNB Division: IJ IN RE: GUARDIANSHIP OF FRANCES BERKOWITZ 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 THIS CAUSE having come before the Court on May 15, 2016 on non-evidentiary hearing upon (i) Motion to Dismiss Petition for Removal of Guardian, Elizabeth Savitt ("Motion to J?ismiss Petition for Removal of Guardian"); (ii) Motion to Strike Request for Notices and Copies of Pleadings ("Motion to Strike"); (iii) Motion for Attorney's Fees and Interest Pursuant to § 57. 105, Florida Statutes ("Motion for Attorney's Fees") by Elizabeth Savitt ("Savitt" or "Guardian"), as Limited Guardian of the Person and Property of the FRANCES BERKOWITZ (the "Ward"), and (iv) 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 Vacate Settlement") by Petitioners, WILLIAM WEBSTER MILLSAPS ("Millsaps") and DONNA GREENSPAN SOLOMON ("Solomon") (together, "Petitioners") and the Court having reviewed the relevant pleadings and documents, heard argument of counsel and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUGED: EXHIBIT.A 000321 1. Savitt's Motion to Dismiss Petition for Removal of Guardian is granted in part and denied in part. The Motion to Dismiss Petition for Removal of Guardian is granted to the extent that the Petition for Removal of Guardian seeks any relief based on the Guardian's settlement on behalf of the Ward, the guardianship accountings or management of the guardianship. 2. The Motion to Dismiss Petition for Removal of Guardian is denied to the extent that Petitioners, WILLIAM WEBSTER MILLSAPS ("Millsaps") and DONNA GREENSPAN SOLOMON ("Solomon") (together, "Petitioners"), have standing to amend their Petition for Removal of Guardian to include only issues as to the initial appointment of Savitt as Guardian, and whether the appointment was done properly and whether there was any intrinsic or extrinsic fraud. 3. Savitt's Motion to Strike is granted in part and denied in part. The Motion to Strike is denied to the extent that Petitioners are entitled to notice and copies of pleadings pertaining to those discrete areas where they have standing, i.e. any matters pertaining to the appointment of Savitt as Guardian and the lawsuit under Case No. 502015CA005019XXXXMB, entitled Elizabeth Savitt, as guardian for Frances Berkowitz vs. William Webster Millsaps, an individual, Webb Millsaps Law, PL., a Florida limited liability company, Donna Greenspan Solomon, an individual and Donna Greenspan Solomon, P.A. d/b/a Solomon Appeals, Mediation & Arbitration, a Florida professional association, including but not limited to a motion to approve the settlement. Savitt's Motion to Strike is granted as to all other areas. 4. The Motion for Attorney's Fees is denied. 2 000322 5. 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 Vacate Settlement") is hereby dismissed with prejudice, based on a lack of standing. Petitioners shall go hence without day with respect to their Petition to Vacate Settlement. DONE AND ORDERED in Palm Beach Gardens, Florida, on this 2016. Copies provided to: Donna Greenspan Solomon, Esq. Webb Millsaps, Esq. Ellen S. Morris, Esq. 3 000323 C>1~day of May, IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA PROBATE/GUARDIANSHIP "IJ" CASE NO.: 50 2016 GA 000630 XXXX NB IN RE: GUARDIANSHIP OF: FRANCES BERKOWITZ. ORDER DENYING PETITIONERS' MOTION FOR REHEARING OF OMNIBUS ORDER THIS MATTER came before the Court in Chambers on June 13, 2016 in regards to Petitioners' Motion for Rehearing of Omnibus Order. After reviewing the foregoing motion and considering this matter without further hearing thereon, it is hereby ORDERED as follows: The Petitioners' Motion for Rehearing of Omnibus Order is DENIED. DONE AND ORDERED in Chambers, at Palm Beach Gardens, Palm Beach County, Florida this the 161h day of June, 2016. HOWARD K. COATES, JR., Circuit Judge copies furnished: Ellen S. Morris, Esquire, 7284 W. Palmetto Park Road, Suite 101, Boca Raton, FL 33433 emorris@elderlawassociates.com Webb Millsaps, 160 W. Camino Real #190, Boca Raton, FL 33432 webb@webmillsapslaw.com Donna G. Solomon, 901 So. Federal Highway, Ft. Lauderdale, FL 33316 donna@Solomon-Appeals.com EXHIBIT B 000324 CERTIFICATE OF CLERK STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I, SHARON R. BOCK, Clerk of Circuit Court for the County of Palm Beach, foregoing pages State of Florida, do hereby certify that the 1 to 325 inclusive, consists of original papers and proceedings in Civil Action Case Number: 502014GA000630XXXXNB - WEBB MILLSAPS 4D16-2132 - WILLIAM WEBSTER MILLSAPS V GUARDIANSHIP OF FRANCES NERKOWITZ, ET as appears from the records and files of my office which have been directed to be included in said Record, pursuant to Florida Rules of Appellate Procedure, 9.200(a)(1). IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 4th day of August , 2016 A.D. SHARON R. BOCK, Clerk of Circuit Court Palm Beach County, Florida By: Ashley Williams Deputy Clerk 000325