tar IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: GUARDIANSHIP OF DIVISION: IY IRV1NG STONE, Deceased. CASE NO. FEES AND EXPENSES PETITION FOR ORDER AUTHORIZING PAYMENT OF 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 court-appointed attorney for IRVING STONE, now-deceased Ward. 3. Petitioner has rendered legal services for the bene?t of the Ward, from 12/01/2011 through 01/18/2011, as more fully described and set forth in the itemized scheduled has not been paid. of amended invoice of services and expenses attached hereto as Exhibit A for which petitioner 4. Petitioner?s records indicate that during the period of time above mentioned in excess of 20.4 attorney hours and 3.1 paralegal hours have been devoted to the representation of the plenary guardian 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: 433cc 5) 05:5: 19 <54 .0 V991 2: aim is; as a 300.00 ?3:11: a Atty. Hours worked: 20.4 a Paralegal rate: 100.00 Paralegal Hrs. worked: 3.1 Total fees: 5 4, 615.00 Total costs: 5.52 Total amount of Fees and Compensation: $4,620.52 lo( WI-IEREFORE, Sheri L. Hazeltine, Esq. respect-fully 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 18th day of January, 2011. SHERI L. HAZELTINE ASSOCIATES, P.A. By: Sheri L. Hazeltine, Esq. Florida Bar No. 0674567 800 Palm Trail Plaza, Ste. 3 Delray Beach, Florida 33483 I HEREBY CERTIFY that a true and correct copy of this Petition for Attorne Fees and Costs with amended invoice attached as Exhibit A has been furnished via email and mailed United States Postal Service ?rst-class mail on the 18th day of January, 2012 to the following parties or persons of interest, with a courtesy copy dropped off to the dropbox for the Judicial Assistant to the Honorable Circuit Court Judge James Martz: Stephan Hal], Esq.; Clifford Hark, Esq.; Manny Kushner, Esq.; Elizabeth Savitt, guardian. SHERI L. HAZELTINE ASSOCI TES, RA. 3.. Sheri L. Hazeltin?: Esq. Florida Bar No. 0674567 SHERI L. HAZELTINE ASSOCIATES, P.A. Attorney at Law 800 Palm Trail Plaza, Suite 3 Delray Beach, Florida 33483 Phone: 56 I 443?4655,- Fax: 561-243-6933 Member, National Academy of Elder Law Attorneys; 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 on Developmental Disabilities. Secretary; Guardian Education Committee. co?chair, Palm Beach County Bar Association. Admitted in Alaska and Florida. To: Elizabeth Savitt, guardian Invoice Date: january 18, 2012 Invoice Number: 1054-1 Invoice Amount: $4,620.52 Case: In re Guardianship cj'lrving Stone. Case No.: Attorney Fees 20.4 Hours $300/ hr; Paralegal Fees 3.1 Hours $100/ hr. 12 1 2011 Review of court packet rec'd from clerk's ollice later S.L.H. .30 afternoon. Telephone call to Mr. Hark Esq. to ?nd out what case was about. Will go to facility right away to see Mr. Stone. 12/ 1 /201 1 Telephone call from She is faxing us an order P. 1 . .20 setting hearing; and order appointing counsel. 12/ 1/201 1 Travel to and visit with social worker and Mr. Stone at S.L.H. 2.50 Palm Beach County Hospice at Pinecrest Rehab, near the Delray Medical Center on Linton Blvd. Mr. Stone has severe dementia, according to Angela the social worker and he is weak from not eating food. His wife, Jean Stone, will not allow his children to visit him in the facility. Telephone call to Jean Stone, with Angela present. She gave me her attorney's name and number, Mr. Robert Reed, Esq. in Boynton Beach. In addition, she acknowledged she does not want her husband's children to visit, as it will endanger his health. She hung up on me. Telephone call to Mr. Hark Esq. on his cell, with teleconference to Barry Stone, son of Mr. Stone. Court hrg. is tomorrow at 8:45 am tomorrow in front of Judge Martz. 12/ 2/ 201 1 Telephone call from jA. Instructed to prepare a new P. . .10 notice of hearing for january 6th so that it re?ects it is in front of judge Martz. 12/ 2/ 201 1 Attendance at court hearing in front of judge Martz. S.L.H. .50 EXHIBIT A $90.00 No Charge $750.00 No Charge $150.00 LA 12/2/2011 12/2/2011 12/2/2011 12/3/2011 12/4/2011 EXHIBIT A Present also Clifford Hark, Esq. Court signed. emergency temporary guardianship order appointing Ms. Elizabeth Savitt as the also signed visitation order allowing Mr. Stone's children and grandchildren to visit. Then went to Clerk's of?ce to obtain copies of orders. Telephone call to Dr. Conde's office. Left phone message S.L.H. with receptionist for him to call me asap. Review of email from Mr. Hark, Esq. stating he will see S.L.H. me in court at 8:45 am. Said he filed the emergency motion for visitation and to rehire the aide and will be upstairs to see which judge is available. Preparation of response email to Mr. Hark stating this atty. would see him there. Stated to Mr. Hark that the situation was bad, that Mr. Stone was comprehending what was going on, was not on any pain meds, and was experiencing dementia. Told Mr. Hark that the staff was compassionate and wanted his family to visit. Recommended professional guardian because of conflict between the second wife and his family. Review of email from Mrs. Nancy Stone, daughter in law, S.L.H. copy of email to Mr. Hark, Esq., stating they had just left her father in law and he was doing very well. She stated he told them "don't leave me", and that the social worker was crying as the change in his demeanor was like a miracle. She also stated Mr. Stone responded well to eating and said 'I'm hungry", and that she had fed him. in addition, she stated Yvonne the aide would be there to assist in the morning. Preparation of response email stating I was happy to hear this, and hoped he became well enough to get out of there as soon as possible. Travel to and meeting at Pinecrest Rehab hospice center in S.L.H. Delray Beach to visit Client Mr. lrving Stone. Present were Mr. Stone, his daughter in law from Nancy Stone; daughter in law Pam Stone; and Yvonne, his aide. Mr. Stone was doing much better. He was smiling and eating more. Observed Yvonne the aide scooping food into Mr. Stone's mouth, with him eating the food. This was amazing because when I ?rst saw him on 12/01 he was pale, extremely weak, dehydrated, and was not eating. Discussion of medical history of Mr. Stone, his known property, his second wife Jean Stone and their status with all present. Discussion of what family would like to do for Mr. Stone, next steps. Contacted Ms. Savitt by telephone who will be arriving tomorrow 12/04/11 to meet with Mr. Stone and his family at Pinecrest. Time includes approximately 40 minutes total travel time to and from hospice center by car. Visit of Mr. Stone at Pinecrest Rehab. Present also was S.L.H. .10 .10 .10 2.00 No Charge $30.00 $30.00 $600.00 $450.00 lal 12/4/2011 12/4/2011 12/5/2011 12/5/2011 12/5/2011 12/6/2011 EXHIBIT A Ms. Savitt, guardian; Barry and David Stone; Yvonne; both daughters-in law; and Sylvia, Mr. Irving Stone's sister. Brie?y talked to Mr. Stone and saw he was doing much, much better. Family said he was eating a lot now and doing much better. He was sitting up in bed, had better color in his face, and had his eyes closed when I arrived. I went over to his bed and talked to him brie?y. He opened his eyes and I told him I promised him I would bring him his family to visit him, and he smiled at me. Total time includes approximately 40 minutes travel time total. Review of email sent 12/03 from Mr. Barry Stone, son, with attached notes regarding Irving Stone's accounts and other personal information. Notes stated Mr. Stone had that the following as assets: checking account at World Savings Bank at the corner of Military Trl. 8: Boynton Beach Blvd.; a joint checking account at World Savings Bank; a savings account at World Savings Bank; mortgage held at World Savings with loan paying $850.51 per month; another savings account at World Savings; mortgage account to which Mr. Stone deposited Mr. David Stone's check and withdrew from it to pay a mortgage and vault box at World Savings. Transmitted copies to Mr. Hark and Mr. Hall via email of email and attachment from Barry Stone. Telephone call from Mr. Robert Reed, Esq. from Boynton Beach. Said he was the atty. for both Mr. and Mrs. Stone, and that he had drafted estate planning docs for both of them. Said both of them also separate, revocable living trusts (RLTs). Said he will fax me copies of Mr. Stone's estate planning docs. Telephone call with guardian to ?nd out status of gathering Ward's assets and attempts to protect them. She said the Ward had an account at Wells Fargo. Had questions about the aJmuity deposit that came in today around $4,000 from as she did not know what that was. Said she had contacted Mr. Stone's wife, but Jean refused to speak with her or give her any information about Mr. Stone. Preparation of emailed letter to Mr. Mark Brown, Esq., attorney on behalf of my client's wife, Mrs. jean Stone. Review of emailed letter from Mark Brown, Esq. attorney for Mr. Stone's wife, jean Stone, dated Monday Dec. 5 . He requested that copies of the orders be faxed to him. Preparation of reply email stating hearing on December 8th had been cancelled, and that there was a hearing on the petition to determine incapacity and S.L.H. S.L.H. S.L.H. S.L.H. S.L.H. S.L.H. .20 .10 .10 .30 .10 .10 $60.00 No Charge $30.00 $75.00 $30.00 $30.00 (43/ 12/6/2011 12/6/2011 12/6/2011 12/6/2011 12/6/2011 12/6/2011 12/6/2011 [2/7/2011 12/7/2011 12/7/2011 12/7/2011 Elm petition to appoint a permanent guardian scheduled for January 6 at 11:15 am in front of Judge James Martz at the South Cty. Courthouse. Asked him to ask Jean Stone to cooperate as much as possible with the new guardian. Preparation of email to Ms. Savitt, Mr. Hark 8: Mr. Hall attaching copy of Mr. Stone's Last Will and Testament. Telephone call from Mark Brown, Esq. re: his client Jean Stone. Said that he would like visitation for his client with her husband. Asked him to tell his Client to cooperate with the guardian, Ms. Savitt. He said he will give her a call. Discussion of case and his client's desire to be her husband's guardian. Mr. Brown asked if I would like to speak to her, and I replied 'yes'. He would see if he could set up meeting between her and me. Asked me to "please speak with Dr. Conde." Also to look into whether there were any physical threats to Jean by the son as that will explain everything. Mr. Brown said, "I'm stunned that you have not spoke to him yet (Dr. Conde)." Told him that this doctor had not returned her phone call yet. Telephone call from guardian Ms. Savitt. Discussion of her attempts to find and secure Mr. Stone's property. Said she still needed to check another bank, Fidelity Federal, but hadn't been able to check it yet. Said Mrs. Stone still would not give her information. Review of emailed letter and attached copies of orders and pleadings in matter from Clifford Hark, Esq. to Mr. Brown, Esq. Forwarded correspondence to cc to Mr. Hall and Ms. Savitt. Review of emailed letter from Mr. Mark Brown, Esq., attorney for Jean Stone. Preparation of re-notice of hearing on petition to determine incapacity and petition to appoint guardian. Review of emailed letter from Clifford Hark, Esq. to Mr. Mark Brown, Esq. regarding Jean Stone's request to visit her husband. Review of emailed letter again from Mr. Mark Brown, atty. for Jean Stone. Disputing authority of ETG guardian. Preparation of reply letter. Receipt and review of examining committee report from Dr. Andre. Telephone call from Clifford Hark Esq. Asked about calls from Mr. Mark Brown, atty. for Mr. Stone's wife. Telephone call with guardian to check on status of Ward. She stated she was at hospice and the wife, Jean Stone, had arrived and so she had allowed her a brief visitation with Mr. Stone. Was not sure this was right, as Mrs. Stone appeared to just want to talk to the guardian and not her husband. She said the wife had not been cooperative P.1. S.L.H. S.L.H. S.L.H. S.L.H. P.l. S.L.H. S.L.H. P.1. S.L.H. S.L.Charge $150.00 $60.00 $30.00 $30.00 $30.00 $30.00 $30.00 No Charge $30.00 $75.00 La! 12/7/2011 12/7/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/9/2011 12/9/2011 12/9/2011 12/10/2011 12/10/2011 EXHIBIT A about giving her information she needs regarding Mr. Stone and the current need to find a nursing home. Review of emailed letter from Mr. Hark, Esq. stating he had spoke to Mr. Brown, Esq. who had pointed out an error in the Letters of Emergency Temporary Guardianship, as the ETG should not have the right to vote or to marry on behalf of the Ward. Mr. Hark also stated that since there was a health care surrogate designation that he learned was executed prior to the signing of the petitions, Mr. Hark believed he needed to put language in the Letters of ETG suspending the healthcare surrogate designation, as they currently reserve the right of the ETG to address the Ward's healthcare needs. Mr. Hark stated he would be preparing a motion to amend the Order and Letters appointing an ETG to address these issues. . Preparation of response emailed letter to Mr. Hark stating I had no objection to him requesting the court sign amended Letters and Order along with ?ling the health care surrogate Form. Told Mr. Hark that if Mr. Brown challenged the validity 'of the authority of the ETG then this could be done at a court hearing. Told Mr. Hark I did not agree with Mr. Brown's position, and that instead I believed my client would likely be deceased by now if his wife Mrs. Stone had been left in charge of him. Told Mr. Hark my opinion based on my observation of Mr. Stone last week and now on Sunday, plus speaking with hospice workers, that is was not in my client's best interests that Mrs. Stone be in charge of his health care decisions. Instead I believed it would endanger his health and cause his decline again. Preparation of court-appointed attorneys's report. Receipt and review of notice of appearance from Stephen W. Hall, Esq. Receipt and review of orders of reassignment to Judge Marta for GA and MH cases. Review of emailed letter From Mark Brown, Esq. attorney for Mrs. Stone. Preparation of reply email. Review of emailed letter FrOm guardian Ms. Savitt dated Dec. 3 regarding Ward Mr. Stone. Not doing well. Telephone calls to examining committee to see if they had interviewed Mr. Stone or not. Receipt and review of notice of appearance of Abraham M. Mora, Esq. and Mark R. Brown, Esq. as attorneys for Jean Stone. Preparation of court appointed attorney's report. Telephone call with guardian Ms. Savitt. Said that Mr. Stone had unfortunately passed away this morning around S.L.H. S.L.H. S.L.H. P.1. P.1. S.L.H. S.L.H. P.1. P.1. S.L.H. S.L.H. .10 .10 2.00 .10 .10 .10 .10 .20 .10 1.00 .50 $30.00 $30.00 600 .00 No Charge No Charge $30.00 $30.00 $20.00 No Charge $300.00 $150.00 Lo! 12/11/2011 12/11/2011 12/11/2011 12/11/2011 12/12/2011 12/12/2011 12/12/2011 12/12/2011 12/13/2011 12/13/2011 12/14/2011 12/14/2011 12/14/2011 12/14/2011 12/15/2011 EXHIBIT A 10:30 am. His wife jean Stone had stopped by this morning also, and he died soon after she left. Said that the funeral home now had his body, and that there was a dispute between the family and Mrs. STone as to what to do with the burial or cremation (Mrs. Stone wants cremation). This attorney called the funeral home and the director asked me to fax a copy of my court order appointing me in the guardianship case, as she said she could then release to me their written instructions as left by Mr. Stone as to what he wanted to do. She said other attorneys had already called her about this case but she refused to release any information at this time. Review of email from Mr. Mark Brown, Esq. Preparation of response email to Mr. Brown, Esq. regarding dispute now over Mr. Stone's remains and who Was in charge of this decision. Review of emailed letter from Mr. Mark Brown, Esq. asking if court hearing had been scheduled yet. Preparation of response email to Mr. Brown stating I was not aware of any court hearing scheduled yet. Review of emailed letter from Mr. Mark Brown, Esq. asking whether I disagreed or not about whether guardian had no authority over the remains of Mr. Stone. Preparation of reply. Telephone call with funeral home manager. He said he would fax over copies of Mr. Stone's funeral instructions. Review of documents from Gutterman, Inc. received from funeral home. includes 3 pages of documents. Telephone call to Dr. Conde's of?ce again. Left second msg. with receptionist for him to call me. Gave funeral home documents to paralegal to scan in and transmit via email to all attorneys. Review of Response to Children's Verified Emergency Petition for Burial Instructions for Ward, Irving Stone and Memorandum of Law in Support Thereof. Receipt and review of notice of emergency hearing scheduled for 12/ 15 and notice of cancellation of hearing scheduled for 1/6/ 12. Interview of Dr. Conde at his office. Telephone call from Dr. Karen Kennedy, the physician at hospice who treated Mr. Stone. Amendment of court appointed attorneys report to include information from Dr. Conde and Dr. Kennedy. Preparation of Order for payment to examining commitee members. Attendance at court hearing on petition for instructions for burial of Irving Stone, as filed by Clifford Hark, Esq. on behalf of Mr. Stone's children. As housekeeping S.L.H. S.L.H. S.L.H. S.L.H. S.L.H. S.L.H. S.L.H. S.L.H. S.L.H. P.l. S.L.H. S.L.H. P.1. S.L.H. .10 .10 .10 .10 .10 .30 .10 .10 .30 .20 .50 .30 .75 .20 3.00 No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge 150.00 $90.00 $225 .00 $20.00 No Charge 12/15/2011 12/21/2011 12/21/2011 12/21/2011 12/22/2011 1/5/2012 1/6/2012 1/9/2012 1/11/2012 1/16/2012 1/17/2012 EXHIBIT A matter, this attorney ?led examining committee reports from Dr. Pierre Andre and Marsha Jackson; her court- appointed attorney's report, Order on Examining Committee 8: Ct. Appt?d Attys. fees, with attached invoice for attorneys fees. Hrg. held in front of the Honorable Circuit Judge James Martz. Present were Mr. Hark, Esq.; Mr.,Abraham Mora, Esq.; Mrs. Jean Stone; Nancy and David Stone; Barry and Pam Stone; Ms. Elizabeth Savitt, guardian. Testimony taken from many witnesses. Court ruled that decedent's body will be allowed to be buried by family, as planned by his prepaid funeral contract. Sent via email copies of court-appt'd attorneys report; S.L.H. invoice for attys. fees; order for payment of examining committee fees; to all attorneys in case. Prepration of notice of hearing on petition for payment of P. . examining committee members and court appointed attorneys fees. Phone call to Judge Martz's J.A., phone calls to Mr. Hark, P. 1. Esq., Mr. Brown, Esq. Mr. Hall, Esq. regarding dates for petition for authorization of payment of attorney's fees. Preparation of notice of ward's death (MH 8i GA cases) P. . Receipt and review of Mr. Brown, Esq.'s letter to Betsy P. . Savitt; verified inventory of emergency temporary guardian; petition and order authorizing payment of compensation to temporary emergency guardian; and petition for order authorizing attorney's fees for Mr. Hall, Esq. Phone call to Judge Martz's J.A., preparation of amended P. 1 . notice of hearing adding Ms. Savitt's and Mr. Hall's petitions for fees. Receipt and review of request for production to wife ?led P. 1. by Clifford Hark, Esq. Receipt and review of notice of hearing on Jean Stone's P. l. motion to strike report of court-appointed attorney. Review of email from Mr. Kurshner, Esq., atty. for Mrs. S.L.H. Jean Stone asking for discovery of all of my attorney's Files. Preparation of response email. Review of rec'd faxed documents from Mr. Kushner, Esq. S.L. H. regarding his dispute of my petition for attorney's fees. Would like to review my ?les for Mr. Stone. Preparation of emailed letter to Mr. Kushner, Esq. stating I was unavailable for hearing on 01/19 at 8:45 am, and that he may come to my office to review my ?les tomorrow afternoon. Preparation of additional notices of hearings, phone call to P.1. Judge Martz's J.Charge $30.00 $40.00 30.00 No Charge $20.00 No Charge No Charge No Charge No Charge $30.00 Co}. 1218/20?2 SUBTOTAL: Costs: 1121187 20171 . 1 i232 [2017:1 il6?20t2 511 Preparation of email to Mr. Kushner Esq. statihg. 1th not .10 heard back from him-and that he ma}r review my ?les. Also told him 1Was not availablefor hearing t9rhorrow~at 8:45 am again. 23.50 iP-osta?gg [hr mailing re-notice rof?hearing for 1161? 1 2 mailing notice offhgarmg?nd notice of-wardFS dgaihxgallgparties. Postage for mailing amaadg?d? np?ce of hearing ,to alLParti??s. TOTAL: ?5620.52 PREVIOUS BALANCE DUE: $0200. Ni) Charge 34.6155 .00 $1156 $2.20 $12.66"- $5.52. CURRENT BALANCE Dug AND OWING: $4,620.52;