Loading...
HomeMy WebLinkAbout05-25-04 INRE: ESTATE OF LOY T. HEMPT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA ORPHAN'S COURT DIVISION NO. 21-77-231 VERIFIED STATEMENT OF HOWELL C. METTE. ESOUIRE IN SUPPORT OF REOUEST FOR ATTORNEYS' FEES AND EXPENSES I, Howell C. Mette, hereby verify and state as follows: 1. I am, and have been since 1969, a shareholder in the Harrisburg law firm of Mette, Evans & Woodside. I graduated from the Dickinson School of Law in 1951 and New York University Law School in 1952 with an L.L.M. in taxation. I received an honorary Doctorate of Law Degree from the Dickinson School of Law in 1985. I was admitted to the bar of Pennsylvania in 1953. I was a Deputy Attorney General for the Commonwealth of Pennsylvania from 1953 - 1955, and have been engaged in the private practice oflaw in the Central Pennsylvania community since 1955. I was an adjunct Professor of Law at the Dickinson School of Law of the Pennsylvania State University from 1952 to 2002. I am a Fellow of the American College of Trust and Estate Counsel. I have been a member of the Pennsylvania Bar Association House of Delegates and served from 1983 - 1992 as a Trustee of the Pennsylvania Bar Trust and Insurance Trust. 2. I am and have been the senior attorney at Mette, Evans & Woodside responsible for the Kalbach Objectors' Objections to the First and Final Account for the Estate ofLoy T. Hempt, deceased and Residuary Trust Under Will ofLoy T. Hempt for the period beginning March 19, 1977 and Ending May 31, 2002. 3. Mette, Evans & Woodside's attorneys' fees incurred by the Kalbach Objectors in the Objection proceedings through March 31, 2004 (the latest month-end for which totaled figures are readily available) is One Hundred Eighty-Five Thousand Two Hundred Six ($185,206.00) Dollars. Total out-of-pocket expenses incurred by the Kalbach Objectors, exclusive of expert fees, is Three Thousand Seven Hundred Eighty-Nine Dollars Fifty ($3,789.50) Cents. Attorneys' fees and costs have continued since March 31,2004 and will continue to accrue in the future since the litigation is on-going. 4. The break-down of time and billing rates comprising the total fees is as follows: Howell C. Mette 207.6 hours @ $200/hour Daniel L. Sullivan 12.7 hours @$185/hour 398.6 hours @ $200/hour Jeffrey A. Ernico 6.4 hours @$200/hour Vicky Ann Trimmer 192.6 hours @ $190/hour Associates Time 36.0 hours @$100/hour 22.3 hours @ $115/hour 55.7 hours @$140/hour 22.2 hours @$150/hour Paralegal Time 36.8 hours @$75/hour Law Clerks 79.4 hours @$50/hour , ~ 5. Messrs. Sullivan and Ernico and Ms. Trimmer are all shareholders at Mette, Evans & Woodside. Mr. Sullivan was admitted to the practice oflaw in 1981 and has been engaged in private practice with Mette, Evans & Woodside since that time. Mr. Ernico was admitted to the practice of law in 1970, served as Deputy Attorney General with the Pennsylvania Department of Justice for several years and has been engaged in the private practice of law since 1973. Ms. Trimmer was admitted to the practice of law in 1987, is a licensed Certified Public Accountant, served as Senior Assistant Counsel for the Office of Chief Counsel for the Pennsylvania Department of Revenue for eleven (11) years before joining Mette, Evans & Woodside in 1998. 6. Several different associates performed work for which services were billed during the course of these proceedings. The associates are all admitted to the practice of law in Pennsylvania and have varying degrees of experience and qualifications. The different billing rates set forth above were based on the various qualifications and level of experience. The paralegal and law clerk time was billed at the firm's normal and customary hourly rate for those services. 7. In my opinion, all of the Mette, Evans & Woodside fees and expenses incurred by the Kalbach Objectors in advancing the objections of the Kalbach Objectors in these proceedings were reasonable, proper and necessary. . A 8. A breakdown of attorneys' fees and expenses among the issues involved in this case is difficult to establish with precision. It is my estimate that the percentage of attorneys' fees and expenses can be allocated as follows: Percentage of fees/expenses attributable to the issue of the appointment, qualifications, and removal of Gerald Hempt as Trustee 10% Percentage of fees/expenses attributable to the issue of the division of the Trust into the separate trusts 45% Percentage of fees/expenses attributable to the issue of distributions to Jean Hempt Estate from the Trust 25% Percentage of fees/expenses generally attributable to all issues 10% Percentage of fees/expenses attributable to issues other than division of the Trust and distribution to the Jean Hempt Estate 10% 9. In my opinion, the hourly billing rates for the shareholders and associates set forth above are not only reasonable for lawyers in this community with the indicated level of experience and ability, but are, in fact, less than what would be reasonable hourly rates. In my opinion, the hourly billing rates for the associates, paralegals and law clerks are reasonable hourly rates in this community. 10. Proper advancement of the Kalbach Objectors' Objections to the Trustee's action in splitting the Loy T. Hempt Residuary Trust into three separate Trusts required expert business valuation and litigation support services. The firm Kuntz Lesher, LLP was retained on behalf of the Kalbach Objectors to perform these expert services. Kuntz Lesher fees and expenses, incurred solely with respect to the issue of the division of the Loy T. Hempt Residuary Trust into three Trusts, total Forty-Four Thousand Five Hundred ($44,500.00) Dollars. I verify and state that the facts set forth above are true and correct to the best of my information, knowledge and belief and are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Hol~f~ t . .. ~ CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by facsimile and by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Ivo V. Otto III Esquire MARTS ON, DEARDORF, WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 Donald Kaufman, Esquire McNEES, WALLACE & NURlCK 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Joel Zullinger Esquire ZULLINGER & DAVIS 14 North Main Street Suite 200 Chambersburg, P A 17201 Respectfully submitted, METTE, EVANS & WOODSIDE By: ~1-~ Howell C. Mette, Esquire Sup. Ct. I.D. No. 7217 Daniel L. Sullivan, Esquire Sup. Ct. I.D. No. 34548 Vicky Ann Trimmer, Esquire Sup. Ct.I.D. No. 49679 3401 North Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax DATED: ~ 2."'i 7-0() t-t 399122vl