?13 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR 1 3 .15.- 2.: PALM BEACH COUNTY, FLORIDA ?gs: ?2?32? PROBATE DIVISION 9331:. i? CASE NO.: 3 2:4; MATTER OF: @735" ?3 IRVING STONE. i PETITION FOR PAYMENT OF FEES AND COSTS [November 28, 2011 through December 16, 2011] The Petitioner, HARK BURKHALTER YON, PL, as counsel for BARRY STONE and PAM STONE, his wife, and DAVID STONE and NANCY STONE, his wife, in the Guardianship of Irving Stone, hereby ?les its Petition for Payment of Attomeys? Fees and Costs and says: 1. The Petitioner is a law ?rm engaged in the practice of law in Palm Beach County and elsewhere in the State of Florida, which petitioned the Court for a Determination of Incapacity of Irving Stone, for the appointment of an Emergency Temporary Guardian of Irving Stone and for the appointment of a permanent Guardian of Irving Stone. 2. Based upon agreement of the Parties, Elizabeth Savitt of Savitt Guardians has been appointed the Emergency Temporary Guardian of Irving Stone, pursuant to the Letters of Emergency Temporary Guardianship entered by this Honorable Court on December 2, 2011. 3. The Petitioner has rendered services and incurred costs for the bene?t of the Guardianship of Irving Stone from November 28, 2011 through December 16, 2011, as more fully described and set forth in the itemized schedule of services and costs attached hereto as Exhibit for which the Petitioner has been partially paid by Irving Stone?s children, who are entitled to be reimbursed ?'om the Guardianship Estate or the Ward?s Trust, since the Petitioner?s services have bene?tted the 4. The Petitioner's records indicate that during the period of the time mentioned above 24.4] hours have been devoted to the representation of the Ward?s/AIP?s children in the Guardianship of Irving Stone. Clifford B. Hark, Esquire expended 13.17 hours; Laura Boume Burkhalter, Esquire expended 1.25 93 ,In the Matter of: Irving Stone Case No.: 50201 IGA000510XWSB Petition for Payment of Attorneys Fees and Costs Page 2 hours; Elissa B. Holder, FRP expended 1.74 hours; and the Paralegals expended 6.50 hours. The Guardianship is being billed at an hourly rate of $395.00 per hour for time expended by Clifford B. Hark, Esquire; an hourly rate of $350.00 per hour for time expended by Laura Boume Burkhalter, Esquire; an hourly rate of $125.00 per hour for time expended by Elissa B. Holder, and $95.00 per hour for time expended by the Paralegals for HARK BURKHALTERI YON, PL. 5. Based upon the criteria set forth in Florida Statute Section the Petitioner believes that a reasonable fee for the ordinary and extraordinary services performed during the period of time listed above is $6,474.65, together with costs of $685.59, for a total of $7,160.24. From these fees, the Ward?s/MP?S children are to be reimbursed their Retainer in the amount of $5,750.00. WHEREFORE, the Petitioner, HARK BURKHALTER YON, PL, requests that an Order be entered, awarding the Petitioner a reasonable fee for the services rendered by the Petitioner for the bene?t of the Guardianship totaling $6,474.65, together with costs of $685.59, for a total of $7,160.24, with the understanding that the Ward?s/AIP?s children will be reimbursed their Retainer in the amount of $5,750.00. 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 19th day of December, 2011. Respectfully submitted, HARK YON, PL Attorneys for Barry Stone, Pam Stone, David Stone and Nancy Stone 3301 NW. Boea Raton Blvd., Suite 200 Boca Raton, Florida 33431 Telephone: (561) 955-0093 Facsimile: (561) 955-0094 Email: cliff al.com WW CLIFFORD B. HARR, ESQUIRE FLORIDA BAR NO.: 301590 HARK BURKHALTER YON, PL ATTORNEYS AT LAW 3301 NW BOCA RATON BLVD., SUITE 200 BOCA RATON, FLORIDA 33431 Telephone: (561) 955-0093 I Facsimile: (561) 955-0094 Barry Stone Dec 19, 2011 200 East Palmetto Park 'Rd. #406 Boca Raton, FL 33432 File RE: Guardianship of Irving Stone Inv 12185 DATE DESCRIPTION HOURS AMOUNT LAWYER Nov-28-ll Preparation of Pet Determine Incapacity Pet Appt Guardian 1.25 156.25 EBH Direction from Atty Hark; Telecons w/Nancy and David Stone; 0.92 87.40 SW Open ?le; Prepare Petition to Appoint Assist Paralegal w/preparation of remaining documents Nov-29-ll Conference calls w! Ban'y Nancy Aide, Yvonne; Meeting WI 4.50 1,777.50 CBH Barry Pam; Follow up w/ Clerk and Judge Colin's JA, Sherrie; Directions to Atty Burkhalter; Review and correct dra? of Order Apptg ETG Letters of ETG and correspondence to Judge Colin and Draft Petitions Determine Incapacity Appoint Guardian; Directions to Paralegal Meeting w-Atty Hark; Dra? letter to Judge; Draft proposed 1.25 437.50 LAB Orders; Follow directions from Atty Hark regarding Pleadings to open 0.50 47.50 BMC Guardianship; Follow up with File and Atty Hark Trip to Court House to hand deliver Letters and Orders to Judge; 0.50 47.50 BMC Follow up with Atty Hark Nov-30-ll Review e-mail from Atty Hark; Telecon with JA regarding 0.25 23.75 BMC Letters and Orders; Send follow up e-mail to Atty Hark Dee-Ol-ll Follow up w/ Paralegal; Tcleeon(s) w/ Atty Hazeltine; Follow up 0.92 363.40 CBH e-mail; Telecon w/ Barry and Nancy; Meeting w/ Atty Hazeltine; Directions to Paralegal; Review and correct Letter to Jean Stone Telecon w/ Atty Hazeltine; Telecon w/ Atty Hazeltine Ban-y 0.58 229.10 CBH Hospice Social Worker; Follow up w. ?le Telecon w/ Nancy; Telecon wl Ban-y; Draft Emergency Motion 1.83 722.85 CBH Receive and Review Fax from Judge Colin; Telecon with Atty 0.25 23.75 BMC Hark; Telecon with Atty Hark; Prepare a letter to Jean Stone regarding 0.75 71.25 BMC Petitions; Follow up with Atty Hark Conf. w/ Atty Hark 0.08 10.00 EBH "Exhibit ?13 Dec-02-l Dec-OS-l Dec-06-11 Dec-074 Dec-OS-l 1 Dec-10-11 Dec-l6-ll Totals Review and correct dra? of Emergency Motion; Attendance at Court on Emergency Hearing; Follow up w/ Clerk Atty Hazcltine; Correspondence to Hospice and follow up e-mail; Correspondence to ETG Savitt and follow up e-maii Follow directions from Atty Hark; Review Fed Ex Website to con?rm that package was delivered to Jean Stone; Follow up with Atty Hark Review Report from Doctor Andre; Follow up with Atty Hark; Scan and e-mail Report to all Parties; Follow up with ?le Conf. w/ Paralegal and Atty Hark Direction from Atty Hark; Prepare fax to PBC Hospice (Angela); Preapre letter to Elizabeth Savitt; Prepare letter to Jean Stone; Mtg. w/Dr. Stone for Certi?ed Copies; Update/Scan ?le Telecon w/ Client; Telecon w! Atty Mark Brown follow up e-mail Review information from Paralegal Telecon with PBSO regarding Ward; Attempted Telecon with Atty Hark; Send e-mail to Atty Hark Attendance at Court to get Corrected Letters Telecon w/ Barry; Telecon w/ Nancy; Review and correct correspondence Telecon(s) w/ Atty Brown; Telecon w/ Atty Hazeltine; Telecon Barry; E-mail to all Parties; Follow up w/ Atty Burkhalter Follow directions from Atty Hark; Telecon with Atty Hall's O?'lce; Prepare Fax to Atty Hall and Atty Hazeltine; Follow up with Atty Hark; Prepare letter to Atty Hall; Prepare a letter to Guardian with Corrected Letters; Follow up with Atty Hark Review report from Examining Committee Member; Follow up w/ Atty Hark Review Notice of Appearance; Review Order of Reassignment; Follow up w/ Atty Hark Review and respond to e-mail ref. Irving Stone's death Draft Pet. for Atty Fees and Formal Notice Follow-up wiClerk (Filing) FEE SUMMARY: Lawyer Hours Effective Rate Clifford B. Hark 13.17 $395.00 Laura A. Boume 1.25 $350.00 Brittany Carraro Cecilia White 4.08 $95.00 1.75 $0.00 2.25 0.33 0.33 0.08 1.33 0.42 0.08 0.17 1.08 1.42 1.00 0.17 0.08 0.17 1.75 0.17 24.41 888.75 31.35 31.35 10.00 126.35 165.90 10.00 16.15 426.60 560.90 95.00 21.25 10.00 67.15 0.00 16.15 $6,474.65 Amount $5,202.15 $437.50 $387.60 $0.00 Invoice CBH BMC BMC EBH [?13 Elissa B. Holder 1.74 $125.00 Sierra White 2.42 $95.00 DISBURSEMENTS Dec-Ol-ll Retainer-ck $5750.00 Postage Nov-2941 Court Fees - Filing Fees - Incapacity Court Fees - Filing Fees - Guardianship Dec-0 I -ll Courier Expense - FedEx Fees Dec-14-ll Photocopies 155 $.20 Totals Total Fees Disbursements Previous Balance Payments Received $0.00 Balance of Retainer $0.00 Balance Due Now $217.50 $229.90 Disbursements 3.40 232.00 401.00 18.19 31.00 $685.59 Invoice Receipts 5,750.00 $5,750.00 $1,410.24 $0.00 $0.00 $1,410.25