HomeMy WebLinkAbout03-10-14 IN RE: JOAN SCHRAQER, �`���
An Alleged Incapacitated Person ���(�
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�� � �� : IN THE COURT �F COMMON PLEAS
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c�� � ;,� ORPHANS' COURT DIVISION
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� . � 21-13-0168
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IN RE: PETITION FOR ATTORNEY fEES AND COSTS
� ORDER OF COURT
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AND NOW, this,?'"�day of �a�y�,2014, upon review of the Petition, Answer
and following a hearing, together with an account reconciliation, it is found this is a
question of equity, not legal accounting. The hourly rates for the 217.47 hours of work,
broken down per bill, range from a low of$200.12 per hour to a high of$361.43, which
accounts for the hours expended — not the quality or location of the work. In
Cumberland County, this bill is clearly not based on local rates but it does not shock the
conscience. Outside of time spent in the courtroom, the court has little ability to
determine the quality or character of the billed work.
�� In this age where our public college presidents make hundreds of thousands of
dollars in salaries, while elementary education teachers have to purchase their own
supplies to teach, it is clearly not a "reasonable" standard but a "what will the market
reasonably bear" standard. In this case, the market has reasonably borne $58,416.31
in fees and costs that Petitioner has already paid. The ultimate resolution did not
require court intervention, although work was done in preparation of litigation.� Short of
an in-court proceeding, an amicable resolution resulted in the appointment of a limited
guardian.
In deciding the equity, there are no legal guideposts as to what fee is fair or just.
Here, older brother is seeking to recoup the out-of-pocket cost of helping his sister in a
time of litigious need. Brother was in earnest to protect and care for his sister, without
demonstrable thought of repayment. Thus, the fundamental lesson of family fairness—
sharing — is relied upon and the trust is to share equally with Joan Schrader's brother
,.
the expense of this action.
B
Tho as . Placey C.P.J.
Distribution:
Holly L. Cline, Esq.
Thomas P. Gacki, Esq.
Ivo V. Otto, III., Esq.
' Priar preparation prevents poor performance is an axiom that rings true,just ask Georgia
Governor Nathan Deal.
: ORPHANS' COURT DIVISION
. COURT OF COMMON PLEAS OF
In Re: JQAN SCHRADER . CUMBERLAND COiJNTY
: PENNSYLVANIA
. N0. 13-0168
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 3/10/14
NDGE'S INITIALS: TAP
TIME STAMP DATE: 3/10/14
IN RE: ORDER OF COURT
............................................................................................................................
SERVICE TO: HOLLY L CLINE ESQ�AS PER MARIE)RHOADS&SINON ONE S MARKET ST PO BOX 1146
HARRISBURG PA 17108
IVO V OTTO III 10 E HIGH ST CARLISLE PA 17103
THOMAS P GACKI 213 MARKET ST 8�FL HARRISBURG PA 17101
METHOD OF MAILING: ENVELOPES PROVIDED BY:
�USPS ❑PETITIONER
�� �NDGE
❑HAND DELIVERED ❑CLERK OF ORPHANS COURT
❑OTHER
MAILED: 3/10/14
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SERVICE TO:
METHOD OF MAILING: ENVELOPES PROVIDED BY:
❑USPS ❑PETITIONER
❑HAND DELIVERED ❑CLE�RK OF ORPHANS COURT
❑
❑OTHER
MAILED:
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lerk Orphans' Court