HomeMy WebLinkAbout07-23-13 �a
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Thomas A.French,Esquire
Attarney I.D.No.39305
Jillian M.Golden,Esqufre
Attorney I.D.No.2p6514 �
RHtJADS&SINON LLP c c� � `� ""�
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One South Market Square �; �.` c..._ ���.f �°�
P. C1.Box 1146 r'' : � � �� �"�
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Harrisburg,PA 17108-1146 � ��w r,w' rv ' "„
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(717) 233-5�31 .�.� �:4 �. , �- . ;,,�
Attorneys for.Petitir�ner Frederick Schrader � ��.; `�. � _-�.., �`, .:.:.
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I��T RE: ) I��I THE�OURT OF ��}M��ON PLE� ,��..�w; ,°�,
} QF CUMBERLAND GtJUNTY `�� �`��
JOAN SCHRADER ) ORPHANS' COURT DIVISION
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} NO. 2013-168
PETITIQNER FFCEDERICK A. SC�-IRADER'S PETITI�N
FOR ATTC�RNEY'S FEES AND �OST5
NOW CQMES, Petitioner Frederick A. Schrader {"Petit�aner"), by and through his
counsel, Rhoads and Sinon LLP, and files the within Petitian far Attorney's Fees and Costs
pursuant ta Section 5536 of the Prabate, Estate and Fiduciary Code, 20 Fa.C.S. §§5501-5555
("the Code"}. See id. §5536. In support of his Petition, Petitioner avers as follows:
I. Petitioner is an adult individual that currently resides at 2715 Carter Farm Court,
Alexandria, Virginia 22306.
: �. Joan Schrader {"Ms. Schrader"} is an adult individual who maintains a residence
with�ary Fisher{"1VIr. Fisher"} at SC}$ Cocklin Street, Mechanicsburg, Pennsylvania 1'7055, and
is the sister af Petitioner.
3. On February 11, 2013, Petitior�er filed an Emergency Petition to Adjudicate Joan
Incapacita#ed and Appoint a Plenar�j Guardian of Her Estate ("the Emergency Petition"}with this
Court. A true and correct copy of the Emergency Petition is attached hereta as "Exhibit A" and
incarporated herein.
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�. On February 14, 2013, the Caurt entered an C}rder, freezing Ms. Schrader's assets,
voiding all ppwers of attarney executed by her, and scheduling a hearing on the Emergency
Petition for February 15, 2013 {which hearing was later continued several times).
5. On February 27, 2013, the Court entered an Order, appointing Iva V. Qtta III,
Esquire, as counsel far Ms. Schrader.
�. Prior to the continuance of the hearings on the Emergency Petition, counsei for
Petitioner: conducted an investigation and discovery, seeking evidence of 1111s. Schrader's
capacity and physical, psycholagical, and mental candition, as well as her need far a guardian of
her estate to protect and preserve her ass�ts for her use and benefit; interviewed witnesses; and
prepared to present Petitianer's case at the hearing an the Emergency Petition.
7. Fallowing the appaintment of Attorney tJtto as counsel for Ms. Schrader,
Petitioner and Ms. Schrader {collectively "the Parties"), through caunsel, voluntarily exchanged
documents and information, and sought to negotiate a resolution that would protect Ms.
Schrader's interests.
8. On June 28, 2Q13, the Parties jointly filed a Motion for Approval of Stipulated
Order on Guardianship Petition and Motian for Leave to File Stipulated Prc�posed Findings af
Fact and Conclusions of Law Under Seal.
9. That same day, this Court issued an �rder, granting the Parties leave to file the
Stipulated Praposed Findings of Fact and Conclusions af Law under sea1, and the Farties
proceeded to file the Stipulated Praposed Findings of Fact and Conclusions of Law under seal.
10. The Court also issued an Order, adopting the Stipulated Proposed Findings of
Fact and Canclusians af Law in full, appainting Manufactur�rs and Traders Trust Company
("M&T Bank") as a limited guardian for Ms. Schrader for the limited purpase of managing her
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financial assets and real estate and making investment and financial decisions, and modifying all
prior Orders of the Court consistent with the terms set forth therein. A true and correct copy of
the Order is attached hereto as"Exhibit B."
11. As of June 30, 2013, Petitioner has incurred $54,685.50 in attorney's fees and
$3,730.81 in costs in connection with the above-captioned matter. See French Aff. ¶15. A true
and correct copy of Attorney French's affidavit is attached hereto as "Exhibit C."
12. Pursuant to Section 5536 of the Code, and as relevant here, an orphans' court,
"for cause shown and with only such notice as it considers appropriate in the circumstances, may
authorize or direct the payment . . . of any or all of the income or principal of the estate of an
incapacitated person for the care [or] maintenance . . . of the incapacitated person." Id. §5536(a);
see also id. §5501 (defining an "incapacitated person" as "an adult whose ability to receive and
evaluate information effectively and communicate decisions in any way is impaired to such a
significant extent that he is partially or totally unable to manage his financial resources or to
meet essential requirements for his physical health and safety").
13. In accordance with this provision, orphans' courts have ordered the payment of a
petitioner's attorney's fees and costs out of the estate of an incapacitated person, where the
petitioner petitions for the appointment of a limited guardian for the incapacitated person and the
petition is successful, on the principle that the actions of the petitioner benefited the
incapacitated person's estate. See, e.g., In re Mallallieu Incompetent, 3 Pa. D. & C.4th 170, 172
(C.P. Chester, 1989). See generally In re Carver's Estate, 5 Pa. D. & C.3d 743, 747 (C.P.
Adams, 1978) ("The law implies an obligation on the part of an incompetent person or his estate
to reimburse those who may have furnished necessaxies to the incompetent.").
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1�4. As aptly stated by the Chester County Court of Common Pleas, C3rphans' Caurt
Division, "[t]o da otherwise would discourage petitioners from pursuing guardianship petitions
on behalf af incompetents." Mallallieu I�eompetent, 3 Pa, L). & C.4th at 172 n.*.
15. The Pennsylvania Supreme �ourt has held that attorney's fees should be awarded
where such fees are reasonable, as determined by the following, non-exhaustive factars:
[T]he amount of �vark performed; the character of the services rendered; the
difficulty of the problems involved; the impartance af the litigatian;the amount of
money ar value of the property in question; the degree of responsibility incurred;
whether the fund involved was `created' by the attorney; the pxafessional skill and
standing af the attorney in his profession; the results he was able to obtain; the
ability of the client to pay a reasonable fee for the services rendered; and, very
impartantly, the amaunt of maney or the value af the property in question.
In re LaRocca's T�ust Estate, 24d A.2d 337, 339 (Pa. 1968). See generally David G. Hunter,
PENNSYLVANIA ORPHANS' COURT COMMOritPLACE$40K §3(a} (3d ed. 20U8}.
16. In the present case, Petitianer was instrumental in causing �he appoin�ment af a
Iimited guardian for Ms. Schrader and preserving her estate, because bath actions were a direct
result of him filing the Emergency Petition with this Caurt.
17. Petitioner therefore is entitled to the payment af his attarney's fees and costs from
Ms. Schrader's financial assets. S`ee 2{�Pa.C.S. §5�3bta); see, e.g., Mallallieu Incompetent, 3 Pa.
D. & C.4th at 172 &n.*. See gener�ally Carver's Estate, 5 Pa. D. & C.3d at 747.
18. Petitioner's request for attorney's fees and cas�s is reasonable, because, among
ather reasons, he retained skilled counsel who performed camplex, time-consuming work at their
standard billable rates, caunsel obtained an adjudication of incapacity regarding Ms. Schrader
and an Order for a Iimited guardian for her estate, counsel succeeded �n preserving her financial
assets, and the amount of money in question exceeded $2.5 million. See French Aff. ¶¶2-1�;
LaRocca's Trust Estate, 246 A.2d at 339.
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19. Petitioner's attorneys fees and costs are reasonable for the additional reason that
Petitioner's counsel actually wrote off attorney fees in the amount of$12,487.05. See French
Aff,, Exhibit"A",page 5 of invoice dated 2/28120I3.
2{�. Pursuant to Local Rule 208.2(d}, counsel for Petitioner sought concurrence in this
Petition from counsel for Ms. Schrader, and her counsel indicated that she daes not concur in the
Petition.
WHEREF�}F:E, Petitioner Frederick �. Schrader respectfully requests that this Court
direct M&T Bank ta pay Petitioner $58,416.31, plus the additional attorney's fees and casts
incurred by him after June 30, 2413, from the fnancial assets af Ms. Schrader within 14 days of
the entry of this �ourt's Order.
Respectfully Submitted,
RH(�ADS & SI��1QN LP
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By. �"�%���
Thflmas A. French, Esquire
Attorney I.D. No. 39345
Jillian M, Galden, Esquire
Attorney I.D.No. 20b510
(�ne South Market Square
P. O. Box 1146
I�arrisburg, PA 1710$-11�6
(717) 233-5?31
.flttorneys fo�Petitione�Frederick Sehrade�
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VERI�AT�ClN
Frederick A. Schrader de�►os�es� an� says, subject to the penalties of 18 Pa. C.S. §49D4
relating to unsworn falsificatian tc►authorities, that h� makes this verificatian by its a.uthority and
that the fact� set �orth in the�etitivn far Attorney's Fees and Costs are true and ecxn�ct tc� th�
best c�f his knvw�edge, infarrn�.tic�n and belief.
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Date Frederick A. Schrader
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Thomas A.French,Esquire
,��,��y1.�.�fl.ss�os �E��i���D OFF���'��'
JillienM.Gold�n,Esquire ���.���.�.� �� �����s
tlttomey I.T�.No.20651Q
�o,�s�.srnroN LLP
o��s�,�r���t s���� �0�� F�� 1�. P� "� ��
P.o.aoX>>as
Harrisburg,PA 17148t1146
(�'I7)233-S731 ����K {}�'
.�ttorneys fot�Petitioner,�rederick,4.Schrader (}���A��' �+Q�'�3
C�1J�:�.ERLA�D CO., PA
TN RE: } IN THE CO�TRT�F COMMCIN PLEAS
� O�`��Ti��.BE�,�►�D�OLINTY
JOAN S�H1t.ADER, ��RP�S' COTJRT DIVISIt}N
an 1'nncapacitated Person }
�NO. ""�y0�� • ��p$
EMEI�GENCY PETIT'ZC}1�T TQ.ADJUDI+�A.T�JC.�.AI'�SCI���.AI)ER�NCA�'ACITATET►
AND APPQINT A PLENARY GUARDIAN OF HER ESTATE
T�THE HONQRABLE JUDG�OF SAID COU�.T:
l. Petitioner, Frederick A. 5chr�der ("Pe�itionexi'� fi1�s the v�it��.n Eme�gency
Petitivn and seel€s to have his sister, Jo�n Sc�rader, �djudicated an zncapacztated perst�n and t�
have a plenary guardian of her estate appointed pursuant to Sections 5511 and 5�13 0� the
Pennsylvania Probate,Estate and Fiduciary Code,20 Pa, C.S. §§5�11�5513.
2. Joar� Scbradex �"Iv[s. Schrader"}, the al�eged Incapacitated persc�n, ma�n�azns a
residence at 508 �on�klin Street, Mech�anicsbu�rg,�umberland Caunty,Perua,sylvania 170�5.
3• {3n Tanuary 22, 2a13,Ms. Schrader v�as admitted to Holy Spirit�Iaspitai in Camp
H�11, Pennsylvania a.fter reportedly falli,ng t�wo or mare �imes in the month of �a�uary an.d
because c�f he�extreme mental cQnfus'ran.
4. �'eti�ioner vc�as advised by the sta:� at Ho�y Spirit that Ms. Schrade� was
di�charged�ra�n�Ioly Spirit Hospital+�n�`ebruary 6,20�.3.
S. Ms. Schrader is currently�rehabilitating an a restricted ward at FQrest Park Health .
C�re c�Rehabilita�ion,1UQ Vd'a�nut B�ttom Rt�ad,Caxlisle,Pen�sylvania 1��13. `
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6. Ms. Sc�arader is 7�years old,
?. Ivls. Schrader is unmarried but ha$ m�intained an apparently platonic relatic�nship
for the last twenty {20) years wi�,h Gary Fisher �"Mr.�Fisher"}. I'vIr. �isher resides with IV�s.
Schrader at her Mechanicsburg xesidence.
$. Mr. Fisher was never employed +during the�r ti.me tvgether and Ms. Schrader's
sub�l;anti� assets have b�en the sale sau�ce �f income for bnth thrau�hvut their �0� year
relatianshap.
9. Ms. Schrader daes not have a�ny childxen,and her parents are deceased,
1 Q. Ivis. Schrader does nc�t employ�ny�ervi�e providers.
1�. Th�names and�,ddresses of Ms. Schrader's living next of kin are as fo�Iows:
• Frederick A. Schrader{brother and Petitioner herein� of 2715 Ca�ter Farm
�our�,Alexan.dria,�lirgznia,2230b;
� Peter H. Schrac�er{nephew) of 37 Cangre�s Street,�eene,New
Hamps��.re,44031;
• Andrew B. Schrader(nephew)of 240�`hird Avenue,No. 8��,Niwot,
Colorado, 80544;
• . I3avid A. Sch�rade�(nephew��f 291 f�Lee Rc�ad,Silvez Lak�, ahio,4�224.
l�. IV�s. S�hxade�r vras emplayec� for �S y�ars as a research �ibrarian, but has not
worked since the �arly 199t�'s. She is financially dependent on the inheritance received from her
parents, which, t:hrough prudent investment by Petitioner, has grawn tQ appraximately thxee .
rnillion dollars {$3,Q�4,QOQ}. �s. Schrader alsa rec�ives a small pensian and sociat security
incc�me.
13. Peti�ionex has z�o uaterest that is a�verse to Ms, Sc�,ua�er. He is not a fiduciazy#o
Iv1s. Schrader, nor does he have any ir�terest as a benef ciary of Ms. �chrader'� esta.te. He is not .
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the named beneficiary of any trust, xetirement account 4r jaint a.ccount �wned by Ms. Schrader.
Feti.tzaner ha.s simply�r�joyed a loving and farnilial relati�r�ship v�rath his sister.
14_ IVfs. Sc�Z-ader's Iong- standing and t�rusted advisors are Ifirn Kenawall of Merrili
�ynch and Ms. Schrader's attorney at Saui Ewing, Ryan Gager, Esquire and his assistant,
Marietta Mi11er�"Ms.Mi1lex"}.
1�. Ms. Sc�-ader maintained a p�rs�nal relatac�nship with Ms. Miller f�r almast 2�
�ears and Ms. Mi7I�r was one of the vnly peopie who Ms. Schrader interacted with on a regular
basis,apart fram her faar�ily and Mr.Fisher.
��. On February 9, 2Q11, IVIs. Schrader appc�int�d IVIs. I��iller and her nephew, Peter
�c�rader,as her�oint�ow�xs�f attorney.
1'7, The abave-reference� pawer of attorney was purportedly xev+�ked by Ms.
Schrader on actober 5,201�.
18. No co�.0 t has eve�ass�amed jurisdictian in a p��cee��t� �leter�:nine whether 1Vis.
Schr��er is an inc�.pacitated person�nd Ms. Scbrader has never had a court-app�inted guardian.
Joan Scbarader Has Subs�antial Me�atal And Fu�ac#�o�,al Limita#ions That
Prev�nt Her�r�m Re�eivin,g And�va-luatin�Informa�ion,,Com�nunicatin�
Decisions,lVZana�in��er Fina�zcial Resources A,ud1+C�r NXeetin�Ess�utial
Requirement�Qf Her Fhvsical,_ Health And Safet�r
I9. Thr�ughout her entire life, Ms. Schrader has suffered from chronic and
progressive�y debilita.tu�g mental illness.
20. 11�s. Schrade� is belzeved ta b� bi-polar and man�c depressive, and she �uffers .
frvm a seve�re arixiety di�orde�. It is believed, and therefore aver�ed,fi.�iat she has b�en under the
Iong�term care of hex psychiatrist, Dr, Lee C. Miller of East Shoare Psychiatric Associa�es, 2209
Foxest Hills Drive, Suite �9,Harrisburg,Pennsylvania, 17I 12. .
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2I. It is believed and�,herefor�av�rred that throughout her life NSs. Scbradex has been
highly medicated and is currently taking a cocktail of anti-aa�v�i�ty and ant-psyc�o�ic prescrzptio�a
1�2�{�1C�ItJI1S fQ S�.�I�IZ,��7.�Z�}Z'�lll CI1+�II1ISti'�.
2�. Ms. Schrader has been hosp'rtalized numerous t�imes, o�en due to faflure ta
properly manage �nd regulate h�r medicatio�s, resulting in her being either under-rnedicated or
over-medicated.
23. �t is be�ieved and therefore averred that Ms. Schrader's most recent
hospitalization�relat�d to her falling} �vas compoi�ded by issues vvith her�aet�ca�ions as well.
24�. Ms. Schrade�has 1'amited t�no mobility. She is curren�ly corlfused, and i.ncoherent
an�d she tiareatened to en� her ov�m l�fe while �n the care of Holy Spirlt Hospital. �JiThile �.t Hc�iy
Sp�rit,she was unaware of her surroundings and suffered from deiusions a.nd hallucinatio�.s.
25, Prior to h�r most recent hospitalizatian, Ms. Sch�rader would sp�nd up to s'r�een
�lfi}hocu�s a day in bed�nd had difficulty maintauung her persona�hygiene.
2�. �'or the past t�enty ��4} years, �s. Schrader has been unable to take care of her
nledical, financial c�r hou.�ehvld affairs and has relied on Peti�ione�r, Mx. Fi�her;Petez Schrader,
a�d her advisc�rs at Merrill Lynch and Saui E�uri.ng to handle her day- tc�- day car� and the
management of her fix�ancial.affaars.
27. �t is believed and therefore averred that IVir, Fisher handled tl�e grocery shoPping,
paid incidental bil7s fraxn Ms, Schxader's I�Ierrili Lynch bank account, took Ms. Schrader to
medical appc�intments and obta�ned Ms. Schrader's presc�ip�tions, am�ng c�ther day- to- day
tasks,
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28, It is beli�ved and �h.erefore averred that Ms. �iller did persona� ch�res foz Ms.
Schrader, such as hiring a home cl�aning servl�e,hiring painters, securing Iawn care service and
��an'rng her a wheelchair and arranging for in-home caregivers at Ms, Schrader's residence.I
29. Without the assistance af Petitioner, Mr. Fisher, Ms. Miller and Peter Schradex,
�V��. Schrader could nc�t have lived independently and �vould have required ir�stituti�nalzzed care
and t�eatmer�t.
��, NIs. Schrader is severely mental�y ill with 1`rmited mobility, hawever, she is
othez�vvise in good heaith and is expected#0 7ive for sever�l more years. It is az�ticipated that she
wi�.� �equ�re cc�mpreher�sive nursing a�nd rehabilitativ� care, including c�ntf nued�reatment with a
p�ysiat-rzst.
31. Given Ms. Schrader's cunrent physzcal state and her histary of debi�itating mental
illness,Ms. Schrac�er is an incapacitated persvn as defined by 20 Pa. C.S. §5541.
1�'Is. Sc�ra�er Is In Need t)f A Guard�an EJf I3er Estate And Failure'�`a
Aunaint An Emer�encv Guardxan And Thereafter A Plenarv�Guardian(��
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IVIs.Schrader's �stafe'�Viil Cause Immediafe.And Irreparabie Harm
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32. Ms. Schxader's estate is in imminent danger if a guardian is not appointed,
33. An em�rgency plenary and permanent guardian. of lY1s. Schrader's estate is
required because �s. Schra�.er has never been able tc� mana.ge her day- ta- day car� and,
begi�t�,ung in early t�mid-Z�I2,�. Schrader fell under the in#Iuence of a deszgning person,�Vir.
Fisher, and without capacity t� do so, unwittingiy provided Ivlr. Fisher uiith the ability to make
unlimited and fraudulent gifts ta himself in the form of an irrevacable trust for his s�le b�neft,to
the pc�tentzal detrirnent c�f Ms. Schrader's fir�ancial interests.
I IVIr. Fisher fired tbes� in-hc�me service p�rovit�ers because he dzd not like having pe�ple in the
home.
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34. Ms. Schrader's mentai ar�d p�Z�sical hea�th.beg�n to fiir�her declzne in the �pri�g
of�012 �vhen, while under Mr. Fisher's influence, Ms. Schrader feII,2 was hospitalized, made
severa� 9�1-3. emergency calls, began to make a�r�upt and substantial changes to her living and
fuaancial affairs, and uncharacteristically ended relationships with her family and long-term
attOxi7!e�S atld SerV�Ce p�4ViderS.
Term�nation Qf Lon�sfandi��Relati�n�hit��ith�aui Ewin ,�LLP�ind
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Marietta�Vlilier
35, Ms. Schrader and her �'a�razly have been clients of Saul Ewing LLP for over 2�
years.
3�. Ms. Schrader maintained a friendship with I�Is. Ivliller and trtzz�sted iVls. Mill�r to
assist he�vvith va�ri�us chari�es to her wi11 over the�ears.
3'7. In Jun� 2012, 11ds. Schrader abruptly and without prior notice, terminated. her
atfic�rney-client relationship with Sau1 Ewing.
38. Petiti�n�r couns�Ied h�s sister on this issue and expressed his concern that she was
maki�.g a mistake by ternunating this attarney-client xelation�hip.
39. Ms. Sch.r.ader ignared Fetit�oner and is no longer a client of Sau1 Ewing,
40. Iv�s �chrader has ceased aI�conta�t wlth Ms, I��iller.
Saie O�TamiIv I�atne And 9-�.-I Emer�ency
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�1. � t)n M�ar�ch 12, 2�12,Ms. Sc�a�.er sold th�farnily home,Iocate�.at 2c�I�Torth 29`�
Street, Hazxisburg, Dauphin Caunty, Pennsylvania, and moved to an assisted living facilit�r,
Befihany Village,in Mechanicsburg,Pennsylva�ua,with Mr.Fisher.
� Although,wh�n asked abc,ut the incident,I�fs.Schrader sfa�ed that she cauldn't remember ht�w !
she was injured.
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42. In order ft�r Mr. Fisher ta be permi�ted to live v�i#h Ms. Schrader in the residence,
he had to have independent means such fhat if Ms. Schrader passed awa�, he could continue to
pay #he expenses of living at Bethany Village. At that time, Ms. Schrader made a gift of
$300,000 ta hirn ix�an irrevacable trust�
4�, Aftex relocating t� E�ethany V�iliage, a continuing care facilzty, Mr. Fisher
cc�nvi�ced Nis. Schrader that they were being too�loseiy"m�nitured"by the support staff tlzere.
44. Mr. Fisher decided that they should Ieave �etha�ny Village and ��nvinced Ms.
Schra.d.er to purchase a ranch home in Cumberlan.d Caunty.
�5. Zn July 2U1�, Ms. �chrader rep�r�edly fell and injured he�leg whi�e in the shower
at Bethany Village. She was hospitaiized and rehabilitated at Ivlanor Care �Iursing Home
through�ut A.ugust 2012.
�6. Ms. Schrader never �et��rned to Bethany Village. While Ms. Sch�rader was at
Mz�nor Care, iVlr. Fishex�r�.aved thezr Bethany Village apartment direct�y ta the nevv Cun�ber�and
�ounty�residence, �
.47. Wh�n the staff at Be�iany Village were advi�ed tbat Ms. Schrader had b�en
persuaded to leave, t�ie staff were g�avely cc�ncerned and cantacted Ms. Schrader's nephew and
p�wer of attarney, Pet�x 5chrader, to discuss thezz�concerns for Ms. Schrader. �n addition, it has
also been atleged tbat, du.�ing this period, at least twc� 911 calls were made, �esultxng in
emergency responses for medic�l and domestic issue�.
48. Ax �he time, cc�ncern wa� expressed th.at IVIr. Fisher was exercising undue
i.nfluence over Ms. Schrader, and that Mr. Fisher was taking advantage af her and not acting in
her best intexest.
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Through Exercise C�f Undue Influence At A Time When Ms. Schrader
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Lacked Suff�cient Capacify,,�arv Fisher Procured A�pointment As
Pow�r of Attarne�,'t�ested wi h Rx'__�__��ht t,o Deprive 1V�s. Schrader�fA�l t3f Her
Means Qf Sunnart. �
49. In or around 4ctaber 2012, Mr. Fishe� convince�I �V1s. Schrader to �e�ninate her
existing po�v�r of attt�rney, ta dra�w up a new po�rer of attomey� naming Mr. �i�her and an
individua� by the name of Jt�hn Frae�ish as �aer agents in fact (with the power to act
independently).
5!0. Mr.Fraelish has sin�ce reuounced his appc�infinent as Ms. �chrader's age�t.
51. It is believed and therefore averrec� that Mr. Fis�ex caused Ms. Schra�d.er tt�
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execute a pow�er �f att�rn�y which vests him with the individual power to create an irrevacable
frust in his riarrie alone and for his sal�benefit.
52. Petitioner fears far.l�.is sister's welf�re and maintenance if l��r, Fisher is aff�rded
with �nrestrzcted access over I�s. Sch�ad�r's e�ate and is able to de�rive her vf �na�cial
wherewithal to pay for the best quaiity care she car�receive.
53. Mr. Fisher has never held a long- term job, afi�ser than a tour t�f duty in the �
nuli��ry some forty {40) years ago, and has never been ve�ted with fma�aci� au��rity for Ms,
Schrader other than�the ability to pay routi�ae bzl�s frvm his monthly a�.I�wance,
�4. Mr. �isher is incapab�e of providing the compzehensive personal and financial
management that Ms. Schrader's estate requires anc�. is �.tl. a position fo cause imrned.xate and
irregarable harm to Ms. Sehrader sht�uld he �xercis� authe�rity u�der the power t�f a��rney to .
transfer aIl�f��r�ssets t4 a trust�ar his own benefit.
Increas%n�Isolation From�am���nd Friends From Earlv 20�.2 To Present
SS. Beginning i.n. early 2a12, Ms. Schrad.�r became increasingly vuithdrawn from her ,
fa�nily. 3
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56. When petitioner called to speak to Ivls. Schrader, she wCtuld end COnversa#iQns
quickly.
57. Mr. Fisher wau�d #ypically answer the phan�.e and listen to any discussion that
Petit�oner had witla Ms. Sch.rader,
58. When asked que�tions over the telephc�ne, Ivfs. �'�hrader typically stated that s�e
"had to g�t Gary"befvre she could pr��ide a respc�nse.
S�, Uncharacteristically, Nfs. Schrader declined ta spend the 2011 and 2012
Christxnas holiday with Petitzoner and her nephews as she had done in past ye�xs.
64. Likewise,Mr. Fisher�i.a.s stc�pped ret���g P�ti�i�ner's�ht�ne calls,�nd P�tit��ner
was not i��`ormed by 1V1r. Fisher of Ms. Schrader's most re�ent hospztal'zzz�a..fian un�il Februa,ry l,
2t�2 3, 12 days af�er she was adm�itte�, Petitioner �vas a,).so n.ot noti£"ied af Ms. Schrader's
discha�rge from Holy Spirit Hospital on Febzuaz� 6, 2Q1�, until Petitioner �a�led Holy Spirit
Hospital twa days Ia�er.
There�re�Fo L�ss R�s�ri+ctive Alt�rna�ives Tha�Would
ProEect Ms. Schrader
61. Ba#h Ms.M��Ier and Peter 5�hrader have received a let�er stating that their powers
�f attc�mey have been revvi�ed and they have no authority to act on behalf of Ms, Schrade�r and
protect her int�rests.
62. It is believed and therefQre averr�d that in Oct�be� 2012, while under the
i��luence of Ivir. Fis�er,Ms. �chr�der made s�gnif can�cha�ges tc� her estate plan an.d vested Mr�
F�sher�vith can�rfll over her financial affairs.
63. Mr. Fisher is ill-equipped to provide Ms. Schrader with the comprehensive
financia�management services she rec�uires to presezve her asse�s f�r her long�te�rm:physica� and
mentat hea�.th, �
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64. Because Ms. Schrader la�ks the c�pacity to authorize changes to her pQwer �f
attomey and �state p�auning docu�nents, the w2�un Petitr�n for Guardian�hip is the only way�o
pro�ect Ms. Schrader's estate from imminent and irreparable har.rn.
�5. Petitianer agrees th�t, despite recent abuse of his confidentia� relationship with
Ms. Schrader, �. Fisher is a�rusted con�p�naion �f I'�Is. Schrader and that 7VIs. Schrader wo��.
warrt to ensure that �1�1r. Fisher is prt�vided for financially. As such, Petitianer agrees that Mr,
Fisher sh�uld continue to reside at the Cumb�xland County hom� and should continue to receive
a monthly allowance of$2,U00,as previausly pei�nitted by Ms. Schrader prio�to her incapaczty,
R.ecommended Guardian C1f Th�Estate
6�. Peti�i�ner respectfully su�mits �hat MB�T Bank should be appointed as the
g�uardian�of the estate af Ivls. Schrader.
6?. M&T Bank is an experienced corpoxate fidczciary. Mc3�T Bank has consented ta
ser�e as stated in�he executed"Consent to Serve"a�tached herefo as E�hibz�"A",
{8. Accc�rdrng to the Petitioner's kn�wle�ge an� belief, the grass value o�' Ms�
Schrader's es�ate is approxi.mately $3,ppQ,p00�, The net incame avai�able to Ms. achrader from
a11 sources is appra�unately$135,00()
69. 11�1&T Bar��does not have an zn�ter�st t��t is adverse to IVIs. �chrader.
��J�IE�.EFORE, Pet�tigner respectful�y requests that the Court, und�r Sections SSI3 and
5511 crf the Pxobate, Estates and Fiduciaries Cade, issue a citatian to Joan Schrader, Joan
Schxader's next of kin, and to such other persons as the Court directs, to show cause why J�an
Schrader should.nt�t be adjudged#c� be an in.capacitated p�rson and�lenary gua�dzar�,c�f her estate
app�inted.
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RH &SI�Tfi�I�T LLP
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T as A. �rench
Ji 1 an M. Golden
(a e South Marl�et Squa�e
P. Q.Box 114�
Harrisburg,PA 1710�-11�6
(71'7} 233-5731
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I, Frederick A.. Schrader, verify that th� statements made in this petition ar+e fru.e and
correct. I und�rstand that faIse statements herein are mad�subject to the�enalties of 18 Pa. C.S.
§4944,re�atin�to unsworn falsification to auth�rities.
+ �4R
Frederick�. Schrader
Uate:�r' ��� ��z�'3
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IN RE: )IN THE COURT OF GOMMON P�EAS
) OF�UMBERLAND COLINTY
JOArI SCHRAT�ER, }QRPI�[A�IS' COLTRT.DIV�SIU�T
an Incapacitated Pers�n }
}�o. �c�t'3 • t�$
CClNSENT TC}APPOII�1TM�lYT AS PL�1'�AI�.Y�U�12DI.�►N t3F TI-�E ES�'ATE
1. Th�name�fthe�rr�posed guardian of the estate is: M&T Bani�.
2. The proposed guardian has a place c�f busin�ss at; 213 Market Street, Second
Flovr,Ha�risburgs PA 17101.
3. The prc�p�sed g�u�ard�an is a na�ic�nal baak,w�th trust p�wers.
: 4. Th� prop�sed guardian does not have an int�r�st a��verse to the alleged
incapacitated person.
5. T�ie propased guardian is nc�t a fiduciary,or an o�cer or empl�yee�f a cc�rporate
fiduciary, vf an estate in vvhich the alleged incapacitated pers�n has an znfer�st; and is not the
sur�ty,or an of�icer or ernploy�e of a corporat�surety of such fiduciary.
6. The propvsed guardian consents to act as guardian of the estate of Jc�an Schrader.
I.�ated: �. �� � MB�T B K
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John.Campbell,Vic s ent
Personai Trust
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.�fit�t���t'�PY FRC3b► ,{�C�►RD
�n�`€3�t�t`�t��ty wher���1 tter�t�t�to
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c�t� ld�c��rt a Cart�s�e,�'
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I��I F:E } �I THE COC:IRT C�►F C{�l��I�I'J PLEAS
���€�� p Ct�uct } t�F CU�v1"BER.LAND CO�TY '�'� -°:'
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J+�3A'1'd SCHR�AJ3E . �'►r��� d County ) ORP'HANS' COURT DI��S��3I�T �-- :=� �7
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AT�D NQ�'', this� day Q , ��13, the xul��g tif �he �urt`�ri;�he ''� ° ��
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. Petition to Adjudicate Joan Schrad�r�ncapacitated and Appc�int a�uardian of He�r Estate is that �
the �.ppoiz�.tme�t af a Limited Gruardi�nn for �oan Schr�der is ap�ropriate and necessary far the
Iixnited purpose of managernent of her f nancial assets ac�d real estate and making investment and
fin.ancial decisions. The 5tipulated Proposed Findings af Fac# and Conc�usic�ns of �,aw filed
under�ea�.in t��is case a�e hereby adt�pted zn fu11 as the�zndings and Canc�usi�ns ofthis C�urt.
. Al�prior C�rders of Court are modified as follows below. � .
. __ -� . . .,�- s _.. � ..._-..-.. � - � ��. " - - � . _ : . � � - .�_--. � . � .
_.y .. . , N1�nufachurers and Trac�ers Trust Company ("M&T Sank") rs hereby appointed as the
�,imited Guardian for Joan Schrader under�he foll�wing terms:
I. Joan Schr�de�'s brc�kerage accc�c�nt {the "Fund"} cunently manag�i by Merrill
Lynch Weal�h 1Vlanagernent, Account Nwm.bers ending in the last four di�its 5115, Ob$Q, Od8 i,
0682 and 7657 shall be t�ansferred to NI&T Banlc for the puxpose of managing, investing,
reinvestin.g and making agprapriate payment of Joan Schrade�'s expen�es. Such transfer is
directed t�take glace zn such�way as ta avaid incu�ring t�liability.
2. fihe LZmited Guardian sha11 have, hc�ld, manag�, invest, and re�nvest the Fund,
an,d ��Ilect th+e income and pay and use an arn�unt nqt ta exceed 7°r'a annually af the balance of
the Fund calculated as of December 315t of the gxeceding year (#he "Annual�Expenditures"� as =
' the Li�n.it�d Guardian, in the I��mited Guardiar�'s so�e discretit�n, w�thaut fu�her Qrder�f��►urt, " �
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from tim.e to tisne shall d�err� necessary ta provide far the prgper maintena�nce, support, a.nd� .
wellbeing, including medical, hospital, nursing, or r�ursing home care of Joan Schrader.
: Unexpended amounts from an Annual Expenditure for any year shall be accrued and may be
used for the foregoing purpc�ses in a la�er year withc�ut fur�her Order�f�aurt.
: 3. �o �c�ng �s �here remain sufficient Fund assets ta provide for 3oan Schrad�r's
lifetime care, maintenance, support and weilbeing, including medical, ho5pital, nursing or
nursing home care as determined in the sole discretion ��►f the L�mit�d Guardian, Limited
Crua�rdian shall place $4,40Q.4Q per month into a checking acc�unt i�the name of, and for the
ben��t�f Jc�an�c�.radex, with the understanding t.�at J�an Sc�rader h�:s free and unrestricted use
of th��e funds and that their intended use is for daily househ+�Id and personat expenses not
ofiherr�rise paid by Limited Guazdian. This amount shall be considered part of the E�nrival
Expenditures�f the Lim�ted+Gua�.rdiar�as referenced in p�.ragraph 2 above.
4. �i�hvut Iimiting the faregoing, included in the Limited Guardia�n's Annual
Expenditures as referenced in pa�ragraph 2,�he L,imr#ed Guardzan shall directly pay the fallowing
expenses af Ms. Schrader: �
�. all federal,sta�e,and local taxes,including estirna�ed t���;
b. municipal and schot�I re�i esta#e faxe� ass�ciafed with �he crwnership of
Jaan Schratier's home;
c. insurance ac�d m.aintenance expenses required f�r the upkeep c�� Joan
� Schrader's personal residence located at 508 Cocklin Street,
Mechanicsburg, CZUnberland �vunty, �'ennsylvania {"Person.al
Residence"); and
d. All medical bills nat covered by insurance��a��r t�iird p�r�y payc�r. _
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5. The Limited �Guardian may request this�ouxt tv authorize additi�nal�xpenditures
zn excess �rf fhe As�nua� Expenditures, where necessary, fo provide for the purposes set forth in �
paragraph 2 above. -
6: The Personal Residenc� of J�oan Schrader sha�l not be� sc�ld, �ran.sferred,
re�.nanced,mt�rtgaged, enct�nbered c�r��erurise disp��ed c�f withaut�he car�s�nt at�..d jo�nder of
the Lrrnited �uardi�n. The saie of the Persona.I �tesidence of Jo�,n Schrader and acquisition of
fitture�ivuag anrangernen�s far Joan Schrader are within the discretion of the Lirn�ted Gu�rdian.
7. The Limited�uardian shall be cc�mpensated in accc�rda�ce�vith its fee schedule in
effect from time to tizne f�r managed trusts. In a�df�ion, a fee af $i5.�0 per check will be
charget�for the payment of any bills.
8. The Court makes no fizading regarding the present testam�ntary capacity af Jvan
Schrader.
~-��`I` EH�UR.�':
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Thomas A.PI cey
Con�man P�eas Judg�
Distribution• .
Ivo'�.�to,III,Esguire
Thomas A.French,Esquire .
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Thomas A.French,Esquire
Attomey I.D.Na. 393Q5
Jillian M.Golden,Esquire
Attorney I.D.No.206510
RHOADS&S1N(3N LLP
One Sauth Market Square, 12th Flaor
P.O.Bax 1146
Harrisburg,PA 1714$-114�
(717) 233-5731
Attorneys for Petitioner Frederiek Schrader
��RE� ) I��T T�-IE Ct�UR.T�}F C{�MMON PLEAS
) OF CUIVIBERLAND CC?UNTY
JtJAIrt SCHRADER ) ORPHANS' COUR.T DIVISION
)
� N(J. 2013-168
AFFIDAVIT
I, Thomas A. French, Esquire, being duly sworn according ta law, depase and say as
foliows:
1. I am a partner at the law fir�n af Rhoads and Sznon LLP in Harrisburg,
Pennsylvania. I have been a member of the Pennsylvania Bar since 19$3.
2. Fresently, I serve as lead counsel far Petitioner Frederick A. Schrader
{"Petitioner"} in the matter encaptioned In re ,Ioan �`eh�ader, Civil Action Number 2{}13-1 b$,
pending in the Cumberland Caunty Court af Common Pleas, Orphans' Court Divisian. This
matter involved a petition to the Court, seeking to declare Jaan Schrader incapacitated and to
appaint a guardian ta pratect and preserve her assets for her use and benefit. The petitian also
sought to invalidate executing powers of attorney and to freeze her assets, pending a final
decisian by the Court(hereinafter referred to as the "Guardianship Litigation").
3. IJuring the nearly seven mor�ths in �vhich I have represented Petitioner, the
attorneys at my firm have perfarmed aver 200 billable hours of complex, time-consurning legal
work on behalf of Petitianer.
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4. The services that my firm has rendered include, but are not limited ta, seeking
evidence of Ms. Schrader's capacity and physical, psychological, and mental conditian, as we11
as her need for a guardian of her estate to pratect and preserve her assets far her use and benef t.
5. This entailed, among other things, subpoenaing the records af the facilities that
had treated Ms. Schrader for her physical and mental health conditians, reviewing the
voluminaus documents that those facilities subsequently produced, conducting interviews with
witnesses, and noticing the depositions of the records custodians for each of the facilities, and
preparing to take those depasitians.
6. The attarneys at my firm also prepared to present Petitianer's case at the hearing
that this Caurt scheduled on his Emergency Petition to Adjudicate Joan Incapacitated and
Appaint a Plenary Guardian of Her Estate. While that hearing was ultirnately postpaned, my
colleagues and I expended substantial time canducting research, drafting memorandum,
reviewing documents, preparing exhibits, and preparing wztnesses in anticipation of that hearing.
We also met with the Court to confer on the appointment af counsel far Ms. Schrader.
7. Further, my calleagues and I spent a significant amount of time negotiating a
resolution of the�uardianship Petition.
8. As part of these efforts, the attarneys at my firrn drafted, inter alia, a Family
Settlement Agreement, Petition far Appraval of Family Settlement Agreement and Entry of
Stipulated (Jrder, and Irrevocable Trust Agreement. In doing so, negotiations were conducted
with Ms. Schrader's court-approved counsel, Ivo (Jtto III, and the praposed trustee, Merrill
Lynch.
9. Ultimately, however, it was det�rmined that a limited guardianship should be
created far Ms. Schrader, narning M&T Bank as limited guardian. Following additional
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negotiations with Ms. Schrader's counsel and M&T Bank, the Parties jointly filed a Motion far
Appraval of Stipulated Order on Guardianship Petition, Motion far Leave to File Stipulated
Proposed Findings of Fact and Conclusions of Law Under Seal, and Stipulated Proposed
Findings of Fact and �onclusions of Law. These were filed with the Court and ultimately the
Court entered the Stipulated Order.
1 Q. For the most part, virtually all of the agreements and filings drafted in cannection
with the Guardianship Litigation vcrere prepared by the attorneys at my firm.
11. Because of the efforts af our attorneys, Petitioner obtained an adjudication of
incapacity regardirig 1VIs, Schrader and an Order for a limited guardia� for her estate.
: 12. Counsel far Petitioner tberefore succeeded in protecting Ms. Schrader's financial
assets.
13. According to brol�erage records obtained in discavery by Petitioner from l�errill
Lynch, Ms. Schrader's brokerage aecaunts tataled $2,328,37d.07 as af March 28, 2413.
14. When cambining that figure with the approxirnate value of Ms. Schrader's home,
her estate exceeds $2.5 million in value, which assets have been preserved for her benefit.
15. As June 30, 2013, my firm has billed Petitioner $54,b85.�C1 for services rendered
and $3,730.81 for �costs incurred in cannection with the Guardianship Litigation. A true and
carrect capy of the invaices that were paid by Petitioner are attached hereto as"Exhibit A."
16. All of the work perform�d by the attorneys at my law firm vvas necessary, and all
of the legal fees that were charged to Petitioner -- which were based upon standard billable rates
--were reasanable.
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17. I state that this Affidavit is true and correct based upon my personal knowledge,
information, and belief.
�
BY� �e-
Thomas A. French, Esquire
Partner
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
SUBSCRIBED AND SWORN before me
this y of July, 2013
Notary Public
COMMONWF.�►LTH OF PENNSYLVANIA
NOTARIAL SEAL
Susan B.Chandler,Notary Public
MY �i�tlH��6t��n caunty
M commission ex ires Jul 14,2014
(SEAL)
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RHOADS&SINON LLP
ATTORNEYS AT LAW
ON�SOUTH MARKET SQUAR�
P.O.6ox 1146
HARRIS6URG,PA 17108-114$
TEt,EPHONE(717}233-5731
Page 1
Inv# 348561
Date 02/11/2013
Frederick A. Schrader Client # 12676
2715 Carter Farm Court Matter # 1
Alexandria, VA 22306 TAF
Re: Guarda.anship
------------------------_---------------------_��------__--------------------------
For Professional Services Rendered:
H�URS
1/29/13 TAF Telephone call with K. Hof�ecker; 1. 92
telephone call with P. Schrader re:
possible Guardianship for Aunt Joan.
1/29/13 JMG Research Guardianehip law; office 2.75
; conference w/T. French; telephone call
w/client.
1/29/13 NJR Research regarding the effect of a 2.Q0
guardianship proceeding on an exiating
. durable power of attorney.
1/30/13 TAF Telephone ca11 with Fred and Pete 5.75
Schrader; office conference with N.
Radza.ewicz and J. Golden; research
Guardianship procedures and standards;
' telephone call with K. Hoffecker;
dictate fact memorandum; correspondenee
to F. Schrader.
1/30/13 JMG Research guardianshap statute and law; 5.33
conference call w/client and T. French;
follow-up research re: emergency
guardianship practice and procedure;
begin drafting petition for
guardianship.
1/30/l3 NJR Finished research regarding the effect .90
of a guardianship proceeding on an
existing durable power of attorney. Memo
to Tom and Jill.
1/31/13 TAF Research Guardianship and power of 6.42
attorney law; office con�erence with N.
Radziewicz re: PEF Code; affice
Conference with S. 5mith re:
Guardianship proceeding; telephone call
with P. Schrader; develop plan for
petition.
' 1/31/13 JMG Continue drafting/editing guardianship 3 .25
1
a
P�ge �
Inv## 348561
Date 02/11f2013
Client # 12676
Matter # l
--..____________________..---..___..____________________________......_�....__..__.._....___
petitian; o�fice conference wJT. French
re: same.
1/31/13 NJR Research regarding �he language in POA 1,5p
: granting unlimited gifting power. �
TOTAL HC3UR5 �g,g�
T4TAL SERVICES g, g�„�,gp
TQTAL EXPENSES ,(}p
Tt�TAL SERVICES 8, 812.90
TOTAL EXPENSES ,pp
TOTAL THIS INVOxC� g, g�„�,9�
x
,
RI�UA�I►�&SIIVCIN LLP
AZTC7RNEYS AT LAW
C?N�SOU7H MARKE7 SGll1ARE
P.�.Box 9 946
NARFtISBURG,PA 4T'1{I8-1146
TELEPHONE(T17)233-5731
Page 1
Inv# 34933b
Date 02/28/2013
Fred�rick A Schr�der Client # 12676
2715 Carte� Farm Court Matter # 1
Alexandria, �lA 223 06 TAF
Re: Guazdianship
_____..________________�,__�__�.,...�_____�.____--------_______________________..____..
For Prc�fessianal �erviees Render�d:
I-�OURS
2/Ol/13 TAF melephone call with P. and F. Schracler� 3,83
memorandum; emails vu�ith F. 5�hrader;
office c4n�erence wi�h J. Gc�lcien!
telephone call with K. Hoffecker;
research.
2/O1/13 �'MG Cont�.nue drafting/editi.ng Petition for 6.00
�uardianship; dra�t propc�sed c�rders;
' revi,�ions �o same.
2jO1f13 NJF� Further re�earch regard�.ng 1an.guage in ,90
Pc�A su��'iCient ta grant unlimited
gifting pQwer; emai.l tc� Tc�m
2/'0�/13 KBB Email from and to Mr. French to pre�are 1.50
subpc��:nas and natices o� records
depositions. Prepare aubpoenas.
Prepare Natic�a af Recr�rds Deposition�.
Email to and f rom Mrs. �olden. Tssue�
re: adda.tianal da�tors. R�vise l�tters
with date af birth and social securi�Gy
number.
2j04,/13 TAF Telephone call with P. Schradezi ema�.ls 3,9�
with F. Sch.rader; of f ic�; conf erence wi.th
J, �caldenj telephone call with K,
Hoffeckex; xeview Guardian�hip
procedure.
2,�04/l3 JMG Edits and rev�.sions �.o Petitian and 4. 00
Order as per client �mail wzth
addi�ional facts; re�earch re: limited
guardian�hip; telephane call w/Saul
Ewing; nc�tes re: same; finalize and
submit draft Peti�ic�n tc� T. French.
2/Q5/13 KBB Revise l�tt�r'8� subpoenas and notice�. 3.25
�d� rn�re health ca�e prc�viders and other
entities to be served. Email �rom and
to Mr. French. Telephone tc� Cumberland
4.
P��e �
znv# 349330
�ate o2��s/2oz�
Cl�.ent # 126?6
Matter # 1
-_-------....__..---------------------------�__...�_�.._.._______..__
County Qrphan's Court re: eubpoena �ee
and petition fee�. T�lephc�ne ta and trvm
Lower Al1en Tc�wn�hip Police. TeZephone
�c� Mechanicsburg Borough Palice.
�/05/1� TAF Emails and ot�ice canference with K. �4,��
B+ack re: d.iscQVe�y �subpoenas and
depasition na�ices; review and edits ta
pet it ion f c�r appointment of guar�.ian;
telephane call with K. Hoffecker.
2/06/13 KBB Email fr4m and to M�. Fxench. Telephone 1.0�
�o J'illian Golden.. Add Kim
Kenawell-Hoffecker �� Natice �af
Depa�ition, Subpaena and Letter. Review
and reva.se No�tices af Deposition.
2/06/13 TAF Telephane call with F. 5chradex; 2,g�
�.elephone call with K. Haf f ecker; of f ice
conferenGe with �TQhn Camgbell and other
off icers f rom M&T 8ank; email fram F,
Schrader.
2/'fl6/13 NJ5 Qbtain infcrrmatir�n regarding �08 Conklin .25
St�eet
2 f�7,/1� TAF' Office conference wa,�h J. Golden; email$ 3 .33
with Fred, Pe�e ancl David �chrader;
review eda.�.s to Petition; email to M£�T
Bank; telecon��:rence wi�h clients.
2,�07,�13 JMG Ccanference call w/P. Schrader and F. ,75
Schrader.
2/08/13 SAS Va�rious conferences with T, French. .25
2/48J13 'T��' Conferer�,ce calZ wa,th clien�s; edits to �,83
Petition; emai�s.
' 2/08/13 JM� ��f ice con�erence wfT. French; telephone 2,50
call w/client; edits and revi�ions tc�
petitian and c,rder a� p�r client.
2/10/13 JMG t7pda�e Petition as per comments frorn F`. .42
Schrader and M&T Bank.
2/11�'l3 KBB O�fice conference Mr. F'rench and Mrs. 5,p0
Gold�n. Revise and ed�t S letters, 8
subpoenas and 8 Nc�tices of Record�
Depo�ition. Office conference Jodi Koon�
re: filing. Telephone �Q Cumberland
Cc�unty Register of Wills,
2/ll/13 TAF Telephone call with K. Haffecker; vf�i�c: 4.8�
conf�rence with J. Galden; ema�.ls wi�h
client; telephane calls wi�,h M&T Bank
o£fi�ials; review and edits to Pe�iti.on;
office canference wi�h K, Bc�ek re:
discavery and subpoenas filing and
gersc�nal service. -
2/11/13 JK Ca11 to Court; drive to and frc�m 2,p0
ti
4
Pa.ge 3
Inv# 34�33Q
Date 02/28J2C113
Cli�nt # 12676
Matter # 1
..___..__________________�.._---_____________--.,----..--....___________________..___.._
Ca�lisle tt� file Emergency Peti�ion and
certify suk�poenas; conference w/J.
Golden and K. Bock re: �am�.
2/11/13 JMG Finalize petitions/subpcaenas; file w��h 3.�Q
Cc�ur�.
2/12f13 KBB Add docket number to captic�n. Prepare ,54
Certification of Records Custadian.
. Of f ice conf eren.ce L�rnne Ritter re:
serviCe of Subpaena, Nc��ice g�
Depo�ita.on and Certificatian,
2�'12j13 TA�' Work an obtaining records; witnes�es and 3.25
he-aring pr�p.
2/13 j13 T�.F Ct�urt C}rder; telephon� call with Holy 5. 9�2
Spi�it Haspital Adm�nistrat�r; telephc�ne
call with Dr. Miller; emails to family
and witnesses; M&T; emaa.ls J�n Brown re:
serva.ce; obtaining eubpaenas; arrange
for B�rvice t�f Pe�itian and t3rr�er and
testimany subpaenas; hearing
preparation.
�/13/13 �JR Began bench memo in support of peGitian 3.?Q
fc�r emerg�ncy guardianship.
2/14/13 �'AF Heara.ng prep; telephone call wi�.h Hol�r 1Q.5�
Spirit Hospital, Bethany Villac�e;
subpoena meciical recflrds; telephone call
with Dr. Miller, �mails, lettersf letter
to Judge re. continuance and freeze of
assets; telephc�ne call wi�h P. Schrader;
emaa.ls with status regort.
2/14j13 KJH P�epar� Notice to Attend upcaming 9,25
hearing for Joa.r� Schrader; work with L.
Ritter to get subpoena�, check� and
capies of documents ready to be s�rved;
meet with Jaan Sch.rader tcr serve
documents on her and revsew pe�itian
with her, gn to Court House to ge�
subpoena�s aealed so can. be served; pick
u.p Citatic�n frc�m Cumberland County
i�rphan�s ��uxt and �erve on �'aan
�chrader; pick up medical records fram
�ethany Village; updat� Thomas French
and Jillian Gvlden on service of
documents and review of peta.tian
2/l4/13 NJR Finished bench memorandum in support of 4.Q0
emergenc� guardianshig peti�.ion.
a/i�/i� NJR Research regarding the Penn�ylvania 3.40
Mental H�alth Pracedure� Act,
a/is/�.3 TAF Hearing prep; motion tc� compel � 6.25
prt�dueta.�n r�f inedical reco�d�; telephone
k
a
Fage 4
Inv# 34933tJ
Date Q2/28/2Q13
Client # 12676
: Ma�ter # 1
ca7.1. with Holy Spirit counsel; telephone
c�ll with F. �chrader.
�/1.5/13 KJ"H D�scus�ion with L. Rit�.er Re: �ubpoena� 9� .50
tc� be serv�d �.aday; call Qrphan'� Cour�
�o get cost to have subpoena sealed;
C�18CL�8�31�I'� with p�oce�s server's off ice
Re: have subpcaenas need sealed and
served today and reque�t status update
on service of document� on Gary Fisher;
update Thamas Fr�nch c�n f indings,
: discussion with process server Re:
ser�rice on G. �'isher completed,
�ubpoenas to be �ealed and served; drive
�a Dr. Lee Miller's ofiice to serve
subpoena and pick up medical recc�rds;
update Thomas Fren�h on service made an
G. �'isher �.nd recc:ived re�Qrds frC�m Dr.
Lee Mil�.er; review Affi.dava.ts of
Service; discussion with L. Ritter Re:
individuals �erved with subpoenae
2/15/13 N�'R Brief rnemo regarding the apglicability� 5.15
of �he PA Men�al Health Procedures Act
�o autpat i+�nt records; t�raf ted mot ion in
to enfarce subpoena; researCh regarding
: HIP�A confidentiali�y rules re medical �
reccards.
2/18f13 TAF He.aring prepa�atian; te�ephone call� �.25
with T. Gacki; t�:lephone call with F.
Schrader and son�; draft bullet poin�.s
�or set�lement; �eleph.one call and
emails with cc�unsel �or M�rrill. Lynch;
emails to Gacki.
2/15/13 TA�' Prepare for meeting with F. Schrader; 5.75
meet with Judge Placey; email� and
�elephone cal.ls wi�h T. Gacki; emails
and telephcane calls to prospective
wa.tnesses re, subpoena�; travel tc�/from
Carlisle.
�i��rs� K�TH Discu9sian wi�h L. Rit�.er Re: po�aible 4.00
settlement of case and who need to
contact since not needed at hearing;
discussion with recc�rd� cuctodian fc�r
Foreat Par� Re: do not need tc� attend
h,earing and obtaining medical records;
draft Certification of Records Custadi�.n
fc�r �ignature by D. Hostler at Fc�reat
Park; disCUasion with Capitol Copy R�:
pieking up medical �ecords; review
medical records reaeived from Forest
r
Page 5
Inv# 349330
Date 02/28/2013
Client # 12676
Matter # l
Park for mention of inental status; scan
and email various pages from the records
discussing mental status of J. Schrader
to Thomas French; discussion with Dr.
Lee Miller' s office Re: do not need to
call hirn as a witness at the hearing
2/20/13 TAF Tel.ephone call with Attorney Ivo Otto .25
re: service as Joan' s attorney;
telephone call and email to Court
seeking order of appointment.
2/21/13 TAF Emails with F. and P. Schrader. .50
2/25/13 TAF Emails Pete and Fred Schrader; telephone .75
- call with Court; tel.ephone ca11 with T.
Gacki; telephone call with �. Otto.
Z/26/13 TAF Telephone call with I. Ot�o; telephone .75
call with T. Gacki; draft stipulation
and proposed order; telephone call with
K. Hoffecker.
2/27/13 TAF Telephone call with T. Gacki re: . 67
stipulation; letter to Judge and Court.
2/27/13 CAC Prepared a Family Settlement Agreement 4 .80
for the above matter. Tn connection
therewith, reviewed the various filings
and memorandum in this case.
2/28/13 TAF Begin edits to settlement agreement. .75
2/28/13 CAC Prepared a Family Settlement Agreement. 3 .80
Prepared an Irrevocable Trust Agreement .
TOTAL HOURS ].41.35
TOTAL SERVICES 40, 774.05
, LESS DISCOUNT -12,487.05
NET PROFESSIONAL SERVICES 28,287.0�
2/11/13 F'EDERAL EXPRESS 10.23
2/12/13 MISCELLANEOUS EXP 47.50
2/14/13 COURT FEES 2� .50
2/l5/l3 WZTNESS FEE 90.00
2/15/3.3 PROFESSIONAL SER�TICE 1, 792 .50
2/19/13 MILEAGE PERS VEHZCLE 59.89
2/19/13 POSTAGE 13 .10
2/19/13 TR.P,VEL PARKI NG 2 .2 5
2/�.9/13 MED�CAL RECORDS/DR. CONSULTATION 133 .13
2/1.9/13 FILING/RECORDING FEES 133 .50
2/28/13 SUBPOENAS 39.50
r
Pa�ge 6
Tnv� 349330
Date �2/28/2013
� Client # 12675
Matter # 1
___________.�__...._...._________....________-----______.._..___.�____..____.._��_....�______
TOT,AL EXPENSES 2r346.14
TC}T�L SERVICES 28,287.00
TOTAL EXPENSES 2,346.10
TOTAL THI� INVOICE 30, 633.10
x
,
RH4�DS $i SII�tt3N LLP
ATTORNEYS AT!AW
ONE SCIUTH MARKET S4UARE
P,4.Sc�x 91A8
HARRt$BURG,PA 471Q8-1146
T�LEPHt3NE(717)233-5731
Page 1
Inv� 351776
�,�t� o�/o�/�ol�
Frederi�k A Schrader Client # 12676
2715 Carter Farm Court M�at��r # l
Al exandri a, VA 2 2 3 0 6 �p,g
Re: Guardianship
: Fvr Professic�nal �ervices Rendered:
HOUR�
: 3/O1/13 TAF Telephone call w�.th caurt re: status o� 1,42
C}rder appointing counsel fcar Joan;
abtain cop�r c�f Order; �tatu� report to
client; work crn set�l�ment agreement.
3/Q4/13 TAF Work on settlement agreement. ,�7
3j0�/13 TAF S�ttlement Agreement edits. , 7�
: 3/Q?/I3 TA�' Let�er �o T, Otto re: fcarwarding m�d.ical l.83
records; wrark on settl�men�. agreement /
trust instrument.
�j08/13 TAF E+dz�.e tc� settlement documen,ts. ,?,�
3/�8/13 KS Perf�rm re.�earch �e: jurisdictic�nal 1.40
issue re: carphans� court.
3/11f13 T.AF Edits tc� trus� instrument, petitian and 1.92
order.
3/11f13 CAC Revi�ecl the Ix�evoc�,ble Trust .Agreement 1. 90
and Family Settlement Agreement per Tom
Freneh's edit�. Frepared a S�ipulated
4rder and Join� Petitian for Apprc�val of
Famil.y �ettlement Agreement and Entry of
5tipul�ted arder.
3/12/13 S�S Z'elephone cal�, with T. French re. .7,5
irrevocable trus�,
3/12 f 13 T�F Trus� instrument, Peti�,a,on, Prc�p�as�t� l. 92
�rder, Family Settlement Agreement;
office con�erence wi�h �. �Goyle.
3/12/13 CAC Revseed the Family ���tlement Agreemen�, 1.20
TrrevoCable Trust Agreemen�,, Joint
Fetitian fc�r Apprc�val of Fami1�
Settlement Agreement and Entry of
Stipulated �rde�, and S�G�.pula�ed Order
per Tom French�s edits. Prepared a
Praecipe for Ent�� a� Appearance.
3/13/13 TAF Ed.its tc� settlement documents; email �.83
clic�nt.
�
1
Page 2
Inv# 351776
Date 04/04j2+D13
Client # 12676
Ma�ter # 1
3/13/13 CAC Revised the Family`5et�lement�Agreement, � w� �� i�.lpp-�i!_i
Irrevocabl.e Trus� Agreement� Jaint
Petition fQr Approval o� Family
Settlement Agreemen� and Entry c�f
: �tipulated Order, and Stipulated Order
per Tam French�� edits, Prepared a
�onsen�. and Joinder for Andrew Schrader,
David 5chr�der, and Pe�er Schrader,
resp�ectively.
3/l�/13 SA� Review truat agreement. ,�,�
3/14/13 TAF Eda.�� t�a s�ttlement documents and ,�,1?
emails; conference call.
3/14/13 CAC Reviewed the proposed trust language .�p
�ubmitted by M�rrill Lynch and. advised
Tom French of which proposed provis�.on�
were incorporated into �he Irxevvcable
Trust Agreement. Addressed the concern�
` raised by Peter Schrader regarding the
terms of the xrrevocable Trus� Agreement
and Con�en� and soinder,
�/15/13 T�F Ed.it� to settlernen� documents; t�lephone 1.g3
call with K. Hoffecker; te�.ephone call
with I. 4tta.
3J1S/13 TAF Eclits tc� settl.ement documents, telephone 1.75
ca.11 with I, Utto.
3�19/13 SAS Review irrevocabl,e trus�; meeting with ,4p
T, FrencY�.
3�19/13 TAF Further edits to settlemen� documents; 2,4g
review Merrill L�nch r�quested Trust
languag�.
3,i,�Q/13 CAC Reviaed the Family Settlement Agreement, ,2p
Irrevocable Trust Agreement� and
Peti�ian for App�c�val of Family
Settlement Agreement and Entry of
Stipula�ed Or�er per Tom French' s
instruc�.ions.
3J21/13 TAF Telephone call wi.th caunsel faz Ni�rrill 1,5�
Lynch re: amendment �o Freeze �?rder�
emaila to I. 4tto and T. Gacki; letter
to Judge Placey re: �ta�ua c�f
sc�ttlem�nt.
3f26/l3 TAF Receigt anti review of comment� trom ,2�
Merrill Lynch.
3/28/13 TAF Additiional �:dits from Merrill Lynch; ,5�
telephone call wi�h z, attc,; emails �o
I, O�tQ re. settl�me�t negotiatians an�.
status.
TCITAL HOURS 2 8.9 5
, ,
,
Page 3
Snv# 35177�
Aate 04/t}4/2013
Client # 1267�
: Matter # 1
TOT.AL SER.VICES �.�},��3,�p
: LES� D�SCC7UNT -9�2.�0
NET PROFESSIONAL �ERVI�ES �,720.50
2jl4rl� W=TNESS FEE _��}.��
2/21/13 PROFESSTQNAL CUURTEF� SERVZCE 69.50
2/28j13 FSLINGfRECORI3ZNG FEE� 67,�0
3/07/13 PC?STA.GE ?.24
TOTAL EXPENSES �,�,,�,�4
TOTAL �ERZTICES �,7�Q,54
TOTAL EXPEI�TSES 114 .24
T(JfiAU THZS T1V"VOICE 9, 834.?4
, ,
,
RHOADS &SINON LLP
ATTORNEYS AT!AW
ONE SOUTH MARKET S(]UARE
P.O.Box 1'f46
HARRISBURG,PA 171Q8-9948
TELEPHONE(717)233-5731
Page 1
Inv# 353143
Date 05/07/2013
Frederick A Schrader C7.ient # 12676
2715 Carter Farm Court Matter # 1
Alexandria, VA 22306 TAF
Re: Guardianship
For Professional Services Rendered:
HOURS
4/0�/13 TAF Emails and tel.ephone calls re: amending .08
order to pay taxes and expenses;
telephone call L. Greenspan; email I.
Otto.
4/10/13 JMG Review Petition tor Approval of .58
payments; draft emai�. to T. French re:
same.
4/10/13 JMG Review counsel comments; telephone call .67
w/T. French; draft email to F. Schrader
providing update and requesting
conf erence cal l.
4/11/13 JMG Review email from F. Schrader; 1.25
: conference call re: same; draft email to
counsel w/suggested changes; review
finalized Petition.
4/15/13 JMG Draft ernail to F. Schrader enclosing .17
Order.
; 4/16/13 TAF Telephone call with I. Otto; office .42
conference with J. Golden.
4/16/13 JMG Email �orrespondence w/T. French re: .33
Schrader; follow up email correspondence
w/Client re: Conference calJ. .
4/17/13 TAF Conterence ca1.1 wi�h Fred and Pete; .50
office conference with J. Golden.
4/17/13 JMG Conference ca11 w/F. Schrader and P. .58
Schrader.
4/18/13 TAF Telephone call with I. Otto; email Fred .25
and Peter; tel.ephone ca11. with F.
Schrader re: statu� of settlement
negotiation.
4/22/13 TAF Telephone call with I. Otto; telephone 1.83
call with J. Campbell at M&T; emails;
research evidentiary requirements for
guardianship.
���i
♦ .
�
Page 2
Tnv# 353143
; l�ate OS/07/2013
Client # 12676
Matter # 1
4f30f13 TAF Telephone call and email to I. Ot�to. ,OS
T4T1�L HOUR,� 6.7 4
TOTAL �ERVICES 2, 011.�0
3/0$I13 MEDICAL RECORDS/DR. CONSULTATI+�N 1,232 .9'1
TOTAL EXPENSE� 1,232 .97
TOTAL SER57'ICES 2, 0�.1.60
TOTAL �XPENSES 1.,232.9?
Tt}TAL 'T�'HIS IrT�IOICE 3,24�:.57
RHOADS &SYNON LLP
A774RNEY5 AT LAW
ONE SOUTH MARKET SG2UARE
P.O.Box 1148
HARRISSURG,PA 17108-i 148
TELEPHONE(717)233-5731
Page 1
Inv# 356421
Date 06/10/2013
Frederick A Schrader Client # 12676
2715 Carter Farm Court Matter # 1
AZexandria, VA 22306 TAF
Re: Guardianship
---------------------......_----------------------__------_..........------__�-_---------�
For Professional Services Rendered:
HOURS
5/02/13 TAF Emails and telephone call with 2 . Otto .17
re: set�lement terms.
5/06/l3 TAF Fol.low up with I . Otto re: settlement , OS
status.
5/14/13 TAF Telephone call with I. Otto re: .25
settl.ement discussions; proposal for
limited guardianship.
5/15/13 TAF Receipt and review ot proposed order; .83
emails.
5/17/13 TAF Ema.i1. from F. Schrader; analysia of 1.17
proposed stipulated order; email memo
and recommendations to Mr. Schrader.
5/21/13 TAF Telephone call with F. Schrader re: .50
proposed limited guardianship.
5/22/13 TAF Edits to draft proposed limited 1,17
guardianahip order; telephone call with
I . Otto; email F. Schrader.
5/23/13 TAF Edits to stipulated order; emails with . 67
client and I . �tto.
5/29/1.3 TAF Telephone call wi.th I. Otto; review . 83
medical records to submit to Court;
email c�ients.
i 5/30/13 TAF Edits to proposed order; email with I . .25
, Otto.
5/30/13 CAC Reviewed medical records of Joan 2 .50
Schrader. �
5/31/13 CAC Draf� stipulated findings summarizing 1.50
the medical recorda of Joan Schrader.
TOTAL HOURS 9.92
TOTAL SERVICES 3, 167.20
.. �.��III�I
�r � •
Page 2
Tnv# 356421
Date 06/10/2p13
Client # 12676
Matter # l
_____�___.,________________________....___-..---___________________...._.�____________
TOTAL EXPENSES .00
TC7'TAL SERVICES 3,167.20
TC}TAL E�PENSES .Q 4
T{.)T.AL TH I� I I�t'tTO I C� 3,16 7.2 0
. , ,
R$UADS & SIl�ON LLP
ATTORNEYS AT LAW
ONE SOUTH MARKET SQUARE
P.O.Box 1146
HARRISSURG,PA 17108-9'E46
TELEPHONE(717)233-5731
Page 1
Inv## 358624
Date 07/10/2013
Frederick A Schrader Client # 12676
2715 Carter Farm Court Matter # 1
Alexandria, VA 22306 TAF
Re: Guardianship
For Professional Services Rendered:
HOUR5
: 6/03/13 TAF Emails from Fred; response; email to I. .42
Otto.
6/03f13 CAC Prepared Stipulated Findings of Fact and .60
Conclusions of Law.
6/04/13 TAF Stipulated Findings / Conclusions. 1.58
6/04/13 CAC Prepared an exhibit to accompany the 1.00
Stipulated Findings of Fact and
Conclusions of Law. Revised the
Stipulated Findings of Fact and
Conclusions of Law.
6/05/13 TAF Edits to Stipulation; letter to I. Otto. .25
6/06/13 TAF Telephone call with I, Otto re: .25
: Stipulation and Court Order.
6/18/13 TAF Receipt of proposed se�tlement from I. .42
' Otto; review.
6/20/13 TAF Draft motion to file under seal; motion 2.$3
to approve stipulated guardianship •
order; edits to same; edit proposed
findings and conclusions; telephone call
with Court ataff; email I. Otto.
6/28/13 TAF Receipt and review of email re: filing . OS
with Court.
TOTAL HOURS 7.43
TOTAL SERVICES 2, 686 .30
w
�,;: ,
. - .
�
Page 2
Inv## 358624
Date 07/10/2013
Client # 12676
Matter # 1
2/14/13 WITNESS FEE -30. 00
6/11/13 PROFESSIONAL COLTR.IER SERVICE 67. 50
TOTAL E�fPENSES 37.50
TOTAL SERVICES 2,686.30
TOTAL EXPENSES 37.50
TOTAL .THIS INVOICE 2,723.80
r
��. .
�
� �
w
REMYTTAN�E ADVICE
Mail Payments to. Rhc�a�.s � Sinon LLP
One South Market Square
P.C}. Box 3.146
Harrisburg, PA 17108-11�46
Tca ensure p�oper credit, please complete and re�urn this advice
Client �1'umber - 1��76 - Mattex Number 1
Frederick A Schrader
2`715 Ca�ter �arm �ourt
Alexa.ndria, V� �2306
In�voice Number Date - Amount
358�624 July 10, 2413 2, 723.8p
Xour Check Na. Date Amaunt $ �
`�'c�tal Outs�anding Balance I)u.e �,�2�.8 0
_ _
_ _ _ __
_ __ _
_-- --
� _ - _ _--
� •
*
CERTIFICATE OF SERVICE
I hereby certify that on July�, 2013, a true and correct copy of the foregoing "Petition
for Attorney's Fees and Costs" was served by means of United States mail, first class, postage
prepaid, upon the following:
Ivo V. Otto III, Esquire
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17103
Attorneys for Joan Schrader
Thomas P. Gacki, Esquire
ECKERT SEAMANS CHERIN& MELLOTT, LLC
: 213 Market Street, 8th Floor
Harrisburg, PA 17101
Attor�neys for Gary Fisher
.
Lynne . Ritter