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HomeMy WebLinkAbout12-0986CAPOZZI & ASSOCIATES, P.C., a Pennsylvania Professional Corporation, Plaintiff V. MILLENNIUM MANAGEMENT, INC., LLC., ABRAHAM SHAULSON, Individually and as an officer of Millennium Management, Inc., LLC., and ELI S. STROHLI, Individually, and as an officer of Millennium Management, Inc., LLC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C'? C ? ?a rn CIVIL ACTION - LAWS -vp to a r..v 'C A 4CD - rg f3 M. 4 70 70 NO. Ia+' BP 0;1vi erm NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas de estas demandas expuestas an las paginas signientes, usted tiene veinte (20) dias de plazo al partir de is fecha de la demanda y is notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, le corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 4103.75 PA ATrY (f*aq i 47 & ?7l of CAPOZZI & ASSOCIATES, P.C., a Pennsylvania Professional Corporation, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vi. : CIVIL ACTION - LAW MILLENNIUM MANAGEMENT, INC., LLC., ABRAHAM SHAULSON, Individually and as an officer of Millennium : Management, Inc., LLC., and ELI S. STROHLI, Individually, and as an officer of Millennium Management, Inc., LLC., Defendants : NO. COMPLAINT NOW COMES, Plaintiff, Capozzi & Associates, P.C. ("Capozzi"), by its attorneys, to seek a money judgment and legal relief necessary to obtain payment for legal services rendered, invoiced, and presented, but which remain unpaid. In support of the relief requested herein, Capozzi states: 1. Plaintiff, Capozzi, is Pennsylvania professional corporation engaged in the practice of law, with its business address at 1200 Camp Hill Bypass, Suite 205, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Millennium Management, Inc., LLC. ("Defendant Millennium") is a corporation having a last known place of business at 10800 Biscayne Boulevard, Suite 600, Miami, FL 33161. Defendant, Abraham Shaulson ("Defendant Shaulson"), is an adult individual and a principal officer of Defendant Millennium, having a last known address at 10800 Biscayne Boulevard, Suite 600, Miami, FL 33161. 1 4. Defendant, Eli Strohli ("Defendant Strohli"), is an adult individual and the principal officer and owner of Defendant Millennium, having a last known address at10800 Biscayne Boulevard, Suite 600, Miami, FL 33161. Capozzi is engaged in business as a law firm composed of attorneys admitted to the bar of the Supreme Court of the Commonwealth of Pennsylvania. 6. Capozzi and Defendant Shaulson, on behalf of Defendant Millennium, entered into a written fee agreement, dated June 23, 2011, regarding Capozzi' legal representation on Defendants' behalf in connection with Labor and Employment issues for the Lackawanna County Nursing and Rehabilitation Center ("Fee Agreement"). A true and correct copy of the Fee Agreement is attached hereto and incorporated herein as Exhibit "A". 7. After June 23, 2011, Capozzi, at the insistence of Defendants, handled numerous Labor and Employment issues for Defendants. True and correct copies of e-mail communications between Capozzi and Defendants regarding various matters Defendants requested Capozzi handle are attached hereto and incorporated herein as Exhibit "B". 8. The terms of the Fee Agreement provide that "this letter will describe the scope of services to be provided, the basis for determining the fees for those services and our general terms and conditions for billing." 9. The Fee Agreement also provides that "fees and costs for this engagement will be billed to [Abraham Shaulson] on an hourly basis." 10. The Fee Agreement also provides that "our firm sends periodic invoices, usually monthly, detailing services rendered during the last billing period ...." 11. The Fee Agreement also provides that "invoices are due upon receipt and must be 2 paid within thirty (30) days unless other acceptable arrangements are made in advance. We reserve the right to charge interest at 1'/2% per month for any invoices not paid within sixty (60) days of the date of the invoice." 12. The Fee Agreement also provides for attorney's fees and costs of collection as follows: "Should it be necessary for us to take legal action to collect any overdue invoices, you will also be responsible for any and all costs of collection, including, without limitation, reasonable attorney's fees and expenses." 13. The Fee Agreement also provides for the amount of the retainer that is due and payable to Capozzi for the legal services rendered in this matter. A true and correct copy of the retainer check, in the amount of $10,000.00, which was executed by Defendant Strohli, is attached hereto and incorporated herein as Exhibit "C" ("Retainer Check"). 14. Capozzi, at the special insistence and requests of Defendants on numerous occasions during the period of August 2011 through November 2011, provided legal services to Defendants regarding numerous Labor and Employment issues for the Lackawanna County Nursing and Rehabilitation Center at the rates pursuant to terms of the Fee Agreement, and on or about the dates set forth in Capozzi' business records (the "Account Invoices"). True and correct copies of the Account Invoices are attached hereto and incorporated herein as Exhibit "D". 15. The specific services provided by Capozzi are more fully described in the Account Invoices. COUNT I - BREACH OF CONTRACT 16. Paragraphs 1 through 15 are incorporated herein by reference hereto. 17. The rates and prices charged as set forth in the Account Invoices are the fair and reasonable charges for the services rendered, are the customary charges of Capozzi in similar cases, and are the charge that Defendants agreed to pay for the legal services. 3 18. The professional relationship between Capozzi and Defendants did not end until November 14, 2011 ("Termination Date"). A true and correct copy of a series of e-mail communications between Capozzi and Defendant Strohli regarding the termination of the professional relationship of the parties is attached hereto and incorporated herein as Exhibit "E". 19. The total amount of unpaid Account Invoices during the period referenced in Paragraph 14 is $20,540.91. 20. All of the legal services included in the Account Invoices were billed at the rates agreed to as described in the Fee Agreement. 21. Capozzi presented its claims for payments on a monthly basis to Defendants pursuant to the terms of the Fee Agreement. 22. Defendants never disputed the monthly invoices and Defendants confirmed that the Account Invoices were correct and would be paid. A true and correct copy of a series of e-mail communications between Capozzi and Defendants regarding payment for legal services rendered is attached hereto and incorporated herein as Exhibit "F" 23. On numerous occasions, Capozzi contacted Defendants for payment for the unpaid Account Invoices. 24. Defendants Shaulson and Strohli assured Capozzi on numerous occasions that Capozzi would be paid for the legal service rendered to Defendants. 25. On December 30, 2011, Capozzi presented in writing to Defendant Shaulson and Defendant Strohli a demand for payment for the unpaid Account Invoices, which allowed Defendants to cure the default (the "Demand Letter"). A true and correct copy of the Demand Letter is attached hereto and incorporated herein as Exhibit "G". 26. To date, Defendants have failed and refused to pay the total amount due as provided under the Account Invoices. 4 27. Defendants' failure to cure its default with Capozzi upon demand constitutes a breach of contract. WHEREFORE, Plaintiff Capozzi demands judgment against Defendants in the sum of $20,540.91, plus interest at the rate of 1'/2% per month on all delinquent amounts which sum is currently $396.90, plus attorney's fees, all of which are per the terms of the contract between the parties and costs of suit, which sum is within the jurisdictional amount for compulsory arbitration. COUNT II - BREACH OF IMPLIED CONTRACT If this Honorable Court should find that an express contract did not exist between Capozzi and Defendants, which is denied, then, in that event, Capozzi pleads the following alternative count in Breach of Implied Contract against Defendants: 28. Paragraphs 1 through 27 are incorporated herein by reference hereto. 29. On or about June 23, 2011, Defendant Millennium and Defendant Shaulson agreed to pay Capozzi in exchange for legal services provided to it, and Defendant Stohli also agreed to pay Capozzi pursuant to the Retainer Check forwarded. 30. At all times relevant hereto, the legal services rendered were done in a professional and competent manner, with no complaints having been made by Defendants. 31. Capozzi's expectation of payment for services is reasonable and Defendants knew they would be expected to pay for the services rendered. 32. Capozzi has demanded payment from Defendants and Defendants have refused to render payment and continue to do so. 33. The facts, as set forth above, establish an implied-in-law and implied-in-fact contract. 34. Capozzi, as a result of the implied-in-law and implied-in-fact contract, is entitled to compensation for services rendered to Defendants. 5 35. All payments, credits and offsets made by or owed to Defendants have been applied to Defendants' account to arrive at the amount due and owing, as referenced in the Account Invoices. 36. Capozzi has been damaged by the refusal of Defendants to pay for legal services rendered in breach of implied-in-law and implied-in-fact contract in the amount of $20,540.91, plus prejudgment interest as called for in the Fee Agreement, plus post-judgment interest, if applicable. WHEREFORE, Plaintiff Capozzi demands judgment against Defendants in the sum of $20,540.91, plus interest at the rate of 1'/z% per month on all delinquent amounts which sum is currently $396.90, plus attorney's fees, all of which are per the terms of the contract between the parties and costs of suit, which sum is within the jurisdictional amount for compulsory arbitration. COUNT III - QUANTUM MERUIT (UNJUST ENRICHMENT) If this Honorable Court should find that a contract did not exist between Capozzi and Defendants, which is denied, then, in that event, Capozzi pleads the following alternative count in quantum meruit against Defendants: 37. Paragraphs 1 through 36 are incorporated herein by reference hereto. 38. Having requested Capozzi to provide the legal services and Capozzi having done so to the benefit of Defendants, Defendants became liable to Capozzi for the fair and reasonable charges for the legal services provided. 39. Defendants have been unjustly enriched by accepting the legal services of Capozzi without terminating the attorney-client relationship. 40. The rates and charges reflected in the Account invoices are the fair and reasonable charges for its legal services. 41. The total value by which Defendants have become enriched on account of such 6 legal services rendered is $20,540.91, as is more specifically reflected in the Account Invoices. 42. Capozzi has demanded that Defendants pay this amount but Defendants have failed to do so. 43. To date, Defendants have not paid the total amount due. WHEREFORE, Plaintiff Capozzi demands judgment against Defendants in the sum of $20,540.91, plus interest at the rate of 1'/2% per month on all delinquent amounts which sum is currently $396.90, plus attorney's fees, all of which are per the terms of the contract between the parties and costs of suit, which sum is within the jurisdictional amount for compulsory arbitration. Respectfully submitted, CAPOZZI & ASSOCIATES, P Date: By: Philip C. W olic, Esquire Attorney I. No. 86341 P.O. Box 5 6 Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintif 7 VERIFICATION I, Andrew R. Eisemann, Esquire, do hereby verify that the facts made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in Title 18 of the Pennsylvania Consolidated Statutes Section 4904, relating to unsworn falsification to authorities. 2933 North Front Street Louis J. Capozzi, Jr., Esquire* Esquire Natirboff i-l K D PC Harrisburg, PA 17110 , . an . Ca o: & ssocia es. - Telephone: (717) 233-4101 Donald R. Reavey, Esquire i ** Adl E r ^ _. , t& n Facsimile: (717) 233-4103 re squ er, Craig I. r www,capozziassociates.com Andrew R Eisemann, Esgl ire Bruce G. Baron, Esquire dr Michael M. Jerominski, Esquire t Mid-Penn Abstract Company Dawn L. Richards Esouire Charter Settlement Company Analyst Ziegler, Timothy Telephone: (717) 234-3289 Paralegal . Fisher, Karen L ?,. Facsimile: (717) 234-1670 Keyoung I. Gill, Paralegal Gwenn M. Keene, Paralegal * (Licensed in PA, NJ and MD) ** (Licensed in PA and NJ) June 23, 2011 Abraham Shaulson Millennium Management 10800 Biscayne Blvd. Miami, FL 33161 Re: Letter of Representation Lackawanna County Nursing & Rehabilitation Center Our Matter Number: 706-03 Dear Mr. Shaulson: Our rules of professional ethics require us to set forth our fee arrangement in writing at the commencement of a professional relationship. This letter will describe the scope of services to be provided, the basis for determining the fees for those services and our general terms and conditions for billing. Scope of Representation The legal services to be provided by Capozzi & Associates, P.C. to Millennium Management are in connection with Labor and Employment Issues for the Lackawanna County Nursing and Rehabilitation Center. In addition to the representation described above, you may from time to time ask us to perform additional legal work or undertake your representation in other matters. This letter constitutes your authorization for our Firm to perform the additional legal work or represent you in other matters. We customarily assign the responsibility of coordinating all aspects of our representation of a particular client to one attorney designated the "client coordinator". All work requests are channeled through that professional, who is then responsible for coordinating all work assignments. Of course, we encourage direct communication with the individual attorney(s) working on a particular project. The client coordinator also is responsible for billing and responding to all questions relating to client fees and our representation. Louis J. Capozzi, Jr., Esquire will be performing the role of client coordinator for you. Basis for Determining Fees Fees and Costs for this engagement will be billed to you on an hourly basis. Each attorney and professional staff member in our office prepares accurate and daily time records for each file on which they work. Hourly rates are determined periodically by our office, generally each year, and will vary according to the attorney who provides the services and the type of services requested. A schedule of current hourly rates in effect for our attorneys and professional staff members are enclosed with EXHIBIT A this letter. There is a minimum charge of three-tenths of an hour for phone communications, five-tenths of an hour for review of pleadings, correspondence, or other legal documents, and two hours for the preparation of pleadings and discovery requests and responses. Travel time is from portal to portal. Should the scope of services to be provided be changed or enlarged beyond those described in this letter, we reserve the right to amend or supplement this letter and the fees charged for the change or increase in the scope of services. We bring a team approach to our work product which is designed to provide economically efficient and effective representation by matching the hourly rates and experience of our attorneys to the professional requirements of a particular matter. Where appropriate, we attempt to utilize paralegals for more routine and repetitive matters with the goal of reducing the overall cost without sacrificing any quality in the product. Billinz Terms and Conditions Periodic Invoices. Our firm sends periodic invoices, usually monthly, detailing services rendered during the last billing period plus costs and fees which were advanced on your behalf, such as filing fees, outside reproduction, express mail fees, computerized research costs, any expert or consultant fees incurred on your behalf and travel expenses. There is no charge for in-house photocopying, telephone, telecopier (fax), and postage. Invoices are due upon receipt and must be paid within thirty (30) days unless other acceptable arrangements are made in advance. We reserve the right to charge interest at 1 ''/s% per month for any invoices not paid within sixty (60) days of the date of the invoice. In addition, should it be necessary for us to take legal action to collect any overdue invoices, you will also be responsible for any and all costs of collection including, without limitation, reasonable attorneys fees and expenses. Such reasonable attorney's fees shall include time spent by attorneys employed by this Firm at their usual hourly rates. In addition, the Parties agree that venue, in the event legal action is necessary, is proper in Dauphin County. In connection with collection of a judgment, settlement or other disposition of a case on your behalf, the Firm is authorized to receive and endorse for deposit to our escrow account any checks, drafts, money orders or other forms of payment whether or not made payable to the Firm, and to disburse the proceeds, including attorney's fees and costs, in accordance with the terms of this letter. It is specifically agreed that the proceeds may be applied to any past due account even if the past due account has no relationship to the matter for which the proceeds were collected. Retainer. We will require a retainer for the services to be provided under this engagement in the amount of $10,000.00. We will hold this retainer for your account in our attorney trust account as security for the prompt payment of fees and charges billed to you. Upon the completion of this engagement and payment of all outstanding charges, the retainer will be returned to you. Credit Hold. Should any invoice for fees and costs remain unpaid for a period in excess of sixty (60) days, consistent with our responsibilities under the Rules of Professional Conduct, we reserve the right to temporarily cease work on this engagement until such overdue fees and costs are paid in full or, if our invoices remain unpaid despite efforts at collecting the same, we reserve the right to terminate the representation. Disputed Billing: It is imperative, under the terms of this agreement, that you notify us in writing of any disputed billing within 15 days of your receipt of a bill. If we do not receive written notice within 15 days, the Parties agree that the amount of the bill can no longer be disputed and that said amount is due and owing. UCC Lien. For value received for undisputed legal services, as described above, and after default of this Fee Agreement in excess of 60 days, intending to be legally bound hereby, you hereby grant and assign and you agree that Capozzi & Associates, P.C. shall have, and there is hereby created in favor of Capozzi & Associates, P.C., a security interest in your tangible and intangible personal property, now or hereafter in existence, including the proceeds thereof and the increases, substitutions, replacements, additions, and accessions thereto, hereinafter referred to collectively as the "Collateral," to secure that certain obligation of you owed to Capozzi & Associates, P.C. after the declaration of Default of this Fee Agreement. In addition to all rights and remedies given to Capozzi & Associates, P.C. by this Security Agreement, Capozzi & Associates, P.C. shall have all the rights and remedies of a secured party under the Pennsylvania Uniform Commercial Code. I authorize Capozzi & Associates, P.C. to file a financing statement covering the Collateral. Reproduction of Complete File. In the event that you request a complete copy of your file or your file in its entirety, it is understood that you will pay a copy charge of .10 cents per copy and all time spent by our staff and attorneys, at their usual hourly rates, for gathering the file and insuring the requested copy is complete. The above paragraph is applicable even if you request your original file because we must keep a copy for our records. CONFESSION OF JUDGMENT. THE UNDERSIGNED HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD WITHIN THE UNITED STATES OF AMERICA OR ELSEWHERE TO APPEAR FOR THE UNDERSIGNED AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT AGAINST THE UNDERSIGNED IN FAVOR OF ANY HOLDER HEREOF, UPON THE OCCURRENCE OF AN EVENT OF DEFAULT, AS HEREINABOVE DEFINED, FOR THE UNPAID BALANCE OF UNDISPUTED LEGAL FEES, AS DESCRIBED ABOVE, TOGETHER WITH UNPAID INTEREST THEREON, COSTS OF SUIT AND ATTORNEY'S FEES, AS DESCRIBED ABOVE, ON WHICH JUDGMENT ONE OR MORE EXECUTIONS MAY ISSUE FORTHWITH. THE UNDERSIGNED HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS, WAIVES STAY OF EXECUTION, AND WAIVES ALL EXEMPTIONS FROM LEVY AND SALE OF ANY PROPERTY THAT NOW ARE OR HEREAFTER MAY BE APPLICABLE. NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE VALID, VOIDABLE OR VOID, BUT THE POWER SHALL CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE HOLDER HEREOF SHALL ELECT UNTIL SUCH TIME AS THE HOLDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST, ATTORNEY'S FEES AND COSTS. INTEREST ON THE OBLIGATION EVIDENCED HEREBY SHALL CONTINUE TO ACCRUE AT THE ABOVE-STATED RATE AFTER THE ENTRY OF JUDGMENT HEREON. THE UNDERSIGNED HEREBY WAIVES ITS RIGHTS TO NOTICE AND A HEARING CONCERNING THE VALIDITY OF THE HOLDER'S CLAIMS HEREUNDER AND AGREES AND CONSENTS TO JUDGMENT BEING ENTERED BY CONFESSION IN ACCORDANCE WITH THE TERMS HEREOF AND EXECUTION BEING LEVIED ON SUCH JUDGMENT AGAINST ANY AND ALL PROPERTY OF THE UNDERSIGNED, IN EACH CASE WITHOUT FIRST BEING GIVEN NOTICE AND THE OPPORTUNITY TO BE HEARD ON THE VALIDITY OF THE CLAIM OR CLAIMS UPON WHICH SUCH JUDGMENT IS ENTERED. Attorney's Lien. As provided by Pennsylvania law, we will retain an attorney's lien for payment on all files and other documents and materials collected or generated by this firm in the course of this representation, and reserve the right to retain those files and other materials until paid in full. If, at any time during the course of our professional relationship, you have any questions regarding our services or our fees, please raise them with me. We strongly encourage open and frank discussions about our work product and fees. We find that good communication enhances our professional relationship with our clients and facilitates our ability to address effectively and economically the legal challenges facing them. If these terms are acceptable to you, please sign this letter and return it to us in the enclosed self- addressed, stamped envelope. The enclosed copy of this letter is for your records. We thank you for the opportunity to continue to perform legal services for you, and we look forward to continuing to work with you. Sincerely, 1 Louis J. Ca ozzi, Jr., Esq 1 /klf Enclosure Accepted and Agreed to: By: Abraham Shaulson Millennium Management Date: CAPOZZI & ASSOCIATES, P. C. Current Hourly Rates for Attorneys and Professional Staff Members Louis J. Capozzi, Jr. Esquire Daniel K. Natirboff, Esquire Donald R. Reavey, Esquire Craig I. Adler, Esquire Bruce G. Baron, Esquire Andrew R. Eisemann, Esquire Andrew R. Eisemann, Esquire Michael M. Jerominski, Esquire Dawn L. Richards, Esquire Timothy T. Ziegler. Reimbursement Analyst Erin Motter, Analyst Law Clerks Paralegals $250 $250 $250 $250 $250 $200 $175 Collection Matters $150 $150 $220 $150 $90 $90 From:, Lou Capozzi [IMCEAEX-_O=CAPOZZI_OU=FIRST+20ADMINISTRATIVE+ 20GROUP_CN=RECIPIENTS_CN=LOUC@example.com] Sent: Wednesday, July 13, 2011 3'.31 PM To: 'lisa.l@millennium-mgt.com' Cc: 'abraham.s@millennium-mgt.com' Subject: Re: Lackawanna I reviewed what has been made available to me and am ready to discuss with both of you at any time. I would like to try to meet with the Union next week. Based on the info I have reviewed, there appear to be a number of other Arbitrations/Grievances that I have no documentation on. I also have a number of questions on the limited information sent to me by Lisa. Is your former counsel cooperating with the transfer of the files? Louis J. Capozzi, Esq. Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Fax (717) 233-4103 www.capozziassociates..com From: Lisa Lopez [mailto:lisa.l@millennium-mgt.com] Sent: Tuesday, July 12, 2011 10:06 AM To: Lou Capozzi Cc: abraham s <abraham.s@millennium-mgt.com> Subject: Re: Lackawanna Mr. Capozzi, I'm sorry I missed your call last night but I think a conversation about what you "heard" from the union and what we have on file as far as outstanding grievances/arbitrations might help us both in determining the handling of outstanding issues. I left you a voice mail on your cell as well and look forward to speaking with you. Lisa Lopez - Corporate Payroll and Human Resources Services 10800 Biscayne Blvd , Suite 600 Miami, FL 33161 (305) 864-9191 Phone (305) 864-6667 Fax Lisa.L@Millenniuin-Mgt.com Warning: Confidential and Privileged This message is confidential, intended only for the named recipient(s) and may contain information that is proprietary, privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the sender at either the e-mail address or telephone number above and delete this e-mail from your computer. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. From: "Lou Capozzi" <LouC@CapozziAssociates.com> To: "lisa I" <lisa.l@millennium-mgt.com> Sent: Monday, July 11, 2011 1:17:48 PM Subject: Re: Lackawanna I have very little. I have one of 2 CBA's and a listing of open matters that is incomplete. I cant get started without complete information/documentation. Louis J. Capozzi, Esq. Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Fax (717) 233-4103 www.capozziassociatE?s.com From: Lisa Lopez [mailto:lisa.l@millennium-mgt.com] Sent: Monday, July 11, 2011 10:22 AM To: Lou Capozzi Subject: Re: Lackawanna Good Morning Mr. Capozzi, Perhaps it might be better to discuss the issues via telephone today prior to a "face to face". My schedule is flexible today and I can make myself available at your convenience. However, I would need a copy of what you have prior to our call to discuss intelligently and to cross reference with what I've got on file. From: "Lou Capozzi" <LouC@CapozziAssociates.com> To: "lisa I" <lisa.l@millennium-mgt.com> Sent: Saturday, July 9, 2011 8:39:47 PM Subject: Re: Lackawanna We will need to meet very soon. I can come down to see you if you're not coming up here in the next week or so. I will need a complete list of all open Grievances, Arbitrations, and ULP's and we will need to go through each one so i can formulate a game plan for dealing with all of these and so i can have an intelligent conversation with the Union within the next 2 weeks. Feel free to call me on my cell tomorrow so we can coordinate. Thanks and look forward to working with you. Louis J. Capozzi, Esq. Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Fax (717) 233-4103 www.capozziassociates.com From: Lisa Lopez [mailto:lisa.l@millennium-mgt.com] Sent: Friday, July 08, 201104:36 PM To: Lou Capozzi Subject: Re: Lackawanna 2 Hello, just left you a voice mail on your cell. I will be in contact with you on Monday morning. Thanks, Lisa Lopez From: "Lou Capozzi" <LouC@CapozziAssociates.com> To: "lisa I" <lisa.l@millennium-mgt.com> Sent: Friday, July 8, 2011 4:34:05 PM Subject: Re: Lackawanna Lisa: best way to contact me is on cell 717 979-7205. Call me so we can schedule a date/time to meet. Thanks. Louis J. Capozzi, Esq. Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Fax (717) 233-4103 www.capozziassociates.com From: Lisa Lopez [mailto:lisa.l@millennium-mgt.com] Sent: Friday, July 08, 201104:19 PM To: Lou Capozzi Subject: Lackawanna Mr. Capozzi, I called your office today to speak to you regarding Lackawanna arbitration documentation/arbitrations and had to leave a voice mail for you. I received information that suggests the listing that I sent you does not include all outstanding matters. When you are back in your office on Monday, I would like to discuss the listing and other information I've learned over the course of today. I will call your office on Monday. Thank you, Lisa Lopez - Corporate Payroll and Human Resources Services 10800 Biscayne Blvd-, Suite 600 Miami, FL 33161 (305) 864-9191 Phone (305) 864-6667 Fax Lisa. L(cTMillennium-Mgt.com Warning: Confidential and Privileged This message is confidential, intended only for the named recipient(s) and may contain information that is proprietary, privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the sender at either the e-mail address or telephone number above and delete this e-mail from your computer. Receipt by anyone other than the named recipient(s) is not a waiver of any attomey-client, work product, or other applicable privilege. This message is confidential, intended only for the named recipient(s) and may contain information that is proprietary, privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the sender at either the e-mail address or telephone number above and delete this e-mail from your computer. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. This message is confidential, intended only for the named recipient(s) and may contain information that is proprietary, privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the sender at either the e-mail address or telephone number above and delete this e-mail from your computer. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. This message is confidential, intended only for the named recipient(s) and may contain information that is proprietary, privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the sender at either the e-mail address or telephone number above and delete this e-mail from your computer. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. This message is confidential, intended only for the named recipient(s) and may contain information that is proprietary, privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the sender at either the e-mail address or telephone number above and delete this e-mail from your computer. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. From: Lou Capozzi [IMCEAEX-_O=CAPOZZI_OU=FIRST+20ADMINISTRATIVE+ 20GROUPCN=RECIPIENTS_CN=L000@example.com] Sent: Tuesday, July _19, 2011 12:34 PM To: 'abraham.s@millennium-mgt.com' Subject: Re: What is status of getting files transferred from your old lawyer to my office. I have received very little information from your end. Thanks, Abraham. Louis J. Capozzi, Esq. Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Fax (717) 233-4103 www.capozziassociates.com ----- Original Message ----- From: Lou Capozzi Sent: Friday, July 08, 2011 02:54 PM To: 'abraham.s@millennium-mgt.com' <abraham.s@millennium-mgt.com> Subject: Re: Let me know who to contact in your organization so i can get up to speed quickly on your particular issues. I would like to meet with the Union first on your issues and see if we can resolve all or some of the outstanding arbitrations/ULP's. I will need to spend at least a day with your Human Resources person so my meeting/negotiations with the Union will be productive. Is there any availability to meet with your person next week? Also, what is status of your current labor counsel? Have you informed him that i am taking over the labor and employment work? Thanks, Abraham. Louis J. Capozzi, Esq. Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Fax (717) 233-4103 www.capozziassociates.com ----- Original Message ----- From: abraham.s@millennium-mgt.com [mailto:abraham.s@millennium-mgt.com] Sent: Wednesday, July 06, 2011 04:42 PM To: Lou Capozzi Subject: Re: Lou, Lyzer is on board and would like to schedule a call to plan the transition with you, Labor, Union Licensure Abraham -----Original Message----- From: "Lou Capozzi" <LouC@CapozziAssociates.com> Date: Thu, 30 Jun 2011 15:54:37 (717) 233-4101 Fax (717) 233-4103 www.capozziassociates.com Original Message ----- From: abraham.s@millennium-mgt.com [mailto:abraham.s@millennium-mgt.com] Sent: Thursday, June 23, 2011 05:20 PM To: Lou Capozzi Subject: Re: Lou: Send the retainer by email to me, will overnight back to you, Call me regarding meeting date, would much prefer to get started sooner, perhaps we can review initial agenda by phone on Monday, and then meet in person Thu. Evening. ------Original Message------ From: Lou Capozzi To: Abraham Shaulson Subject: Re: Sent: Jun 23, 2011 5:08 PM Abraham: I can meet with you Thursday evening or Friday morning in New York or North Jersey if that works for you. In the meantime, once I get the materials, I will look at them so that next week's meeting is productive. Also, I will need to send you an engagement letter which I will need signed and a retainer overnighted. Where do I send engagement letter? Thanks. Louis J. Capozzi, Esq. Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Fax (717) 233-4103 www.capozziassociates.com ----- Original Message ----- From: abraham.s@millennium-mgt.com [mailto:abraham.s@millennium-mgt.com] Sent: Thursday, June 23, 2011 03:44 PM To: Lisa Lopez <lisa.l@millennium-mgt.com> Cc: Lou Capozzi; Eli Strohli <eli.s@millennium-mgt.com> Lisa: Please send to Mr. Capozzi: 1) CBA 2) NLRB complaints (pending) 3) Arbitration/grievences (unresolved) Thank you, Abraham Abraham 4 From: Lou Capozzi [IMCEAEX-_O=CAPOZZI_OU=FIRST+20ADMINISTRATIVE+ 20GROUP_CN=RECIPIENTS_CN=LOUC@example.com] Sent: Monday, August 01, 2011 6:26 PM To: 'abraham.s@millennium-mgt.com'; 'lisa.l@millennium-mgt.com' Subject: Re: Fwd: Union notification to go to arbitration Will do, Abraham. Lisa call me anytime tonight if you're available. Louis J. Capozzi, Esq. Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Fax (717) 233-4103 www.capozziassociates.com From: abraham.sOmillennium mgt.com [mailto:abraham.s@millennium-mgt.coml Sent: Monday, August 01, 201102:28 PM To: Lou Capozzi; Lisa Lopez <lisa.l millennium-mgt.com> Subject: Re: Fwd: Union notification to go to arbitration Lisa: Please follow up with Lou, in hope that we can finalize the agreement. Please update me after I land. Abraham From: "Lou Capozzi" <LouC(acWapozziAssociates.com> Date: Mon, 1 Aug 2011 14:09:03 -0400 To: <lisa.l,,millennium-m tg com> Cc: <abraham.s@millennium-m tg com> Subject: Re: Fwd: Union notification to go to arbitration Abraham: do you want to call me re: the settlement offer. I would like to get back to the Union today. Thanks. 717 979- 7205. Louis J. Capozzi, Esq. Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Fax (717) 233-4103 www.capozziassociates.com From: Lisa Lopez jmailto:lisa.Mmillennium-mgt.coml Sent: Monday, August 01, 2011 11:22 AM To: Lou Capozzi Cc: abraham s <abraham.s(dmillennium-mat.com> Subject: Fwd: Union notification to go to arbitration EXHIBIT 11 5- Good Morning, Please see correspondence below and attached about a potential arbitration matter related to termination o" This is not currently part of the settlement agreement but wanted you to be aware of it. From: "Administrator Lackawanna" <admin(cD_lackawannaltc.com> To: "lira I" <lisa.l millennium-mqt.com> Cc: "HR Lackawanna Rehab" <hr(aD.lackawannaltc.com> Sent: Monday, August 1, 2011 11:11:32 AM Subject: Union notification to go to arbitration Good morning Lisa, Happy Monday. Geralyn notified me that they will be taking the Lisa Heater termination to arbitration. Sending to you as requested. Cathy Cat/Rachel; keep this for the grievance file on This message is confidential, intended only for the named recipient(s) and may contain information that is proprietary, privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the sender at either the e-mail address or telephone number above and delete this e-mail from your computer. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. m i :I d- i; O O 4: ra Lo i? N O O ° '.Aa Y r z o? Zc? 0 5-M W • OC J 41 J ? OU L co J N 4).0(1). O 0 00 0 Vtp? =Coop O C;r Q OY O 3v a° Y a r u m Oo EXHIBIT ,- o z O 0O QO Y O U O U ? k T T w O o N N_^ W O O r X X 0 Z Q U) O Z w Q a 6 l 4 i JC /VIL? N U v. ?Jl ;`1SQ? 1 U F- LU w wCO Q ? O CU z OX? Cl) U) U- Q = a- oa 0 c F: N N0. N Z ,n O a Q c) T- U wW 1: LL] °oo a- a ?;, ?? CapoZzi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 Fax:(717) 233-4103 RE: Lackawanna Health & Rehab Labor & Employment Issues DATE Aug-27-11 Aug-29-11 Aug-30-11 Aug-31-11 DESCRIPTION Review of/draft a-mails re next steps; conference re Briefs/Demand for Arbitration Review of/draft a-mails re Demand for Arbitration/Briefing schedule Review of/draft a-mails to Union re status of Vote Review of/draft e-mails re status of various matters Totals EIN #: 23-2911821 September 20, 2011 File #: 930-11 Inv #: 60320 HOURS AMOUNT TIMEKEEPER 1.00 250.00 LJC 0.60 150.00 LJC 1 0.80 200.00 LJC 1.00 250.00 LJC .; 3 40 $850.00 . Total Fees & Disbursements $850.00 ???? yT1r Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You EEXrH17 CapoZzi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Fax:(717) 233-4103 Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 RE: DATE Sep-O1-11 Sep-02-11 Sep-03-11 Sep-05-11 Sep-06-11 Lackawanna Health & Rehab Labor & Employment Issues Sep-08-11 Sep-09-11 DESCRIPTION Review of and draft e-mails re status of various matters and new grievance Review of and draft a-mails re procedural status and response from Union Review of and draft e-mails re Union response to Settlement Review of and draft a-mails re procedural status Telephone call to and from Kevin Hefty, Dan Sainovich and Abraham re status of global Settlement Agreement; Union proposal to revise same; review of and draft e-mails to Union re same Review of and draft e-mails re status of various matters Review of and draft e-mails to Union re Union ratification and revisions to Global Settlement Agreement Review of and draft a-mails to SEIU re revisions to Global Settlement Agreement E1N #:23-2911821 October 12, 2011 File 930-11 Inv 60872 HOURS AMOUNT TIMEKEEPER 1.00 250.00 LJC 0.50 125.00 LJC 0.30 75.00 LJC 0.50 125.00 LJC 1.60 400.00 LJC 0.30 75.00 LJC 1.00 250.00 LJC 1.00 250.00 LJC Invoice #: 60872 Page 2 October 12, 2011 Sep-10-11 Draft e-mail to SEIU re Global Settlement 0.20 50.00 LJC Agreement Sep-11-11 Draft memo to Brandon Williams re 1.40 350.00 LJC Withdrawals/Notifications to NLRB/AAA; review of and draft e-mails re Global Settlement Agreement Sep-12-11 Conference with Brandon Williams re 1.80 450.00 LJC withdrawals; review of and draft e-mails re ULP charges/Global Settlement Agreement Conference with Louis Capozzi Jr. re recent 0.10 19.50 BSW settlement of claim and contacting arbitrator re same; E-mails from and to Lou Capozzi, Jr. re 0.10 25.00 BGB processing Global Settlement Agreement Sep-13-11 Review file pertaining to Union's allegation of 0.40 78.00 BSW violation of Health Insurance opt out policy; conference with Karen Fisher re status of signed Settlement Agreement from client; direct Karen Fisher to locate contact information for Arbitrator Shyam Das; telephone call to Arbitrator re Settlement of matter Sep-14-11 Review of and draft e-mails re Global 1.60 400.00 LJC Settlement Agreement; NLRB withdrawals; telephone call from Union re execution of same; telephone call to Cathy Rozina re stats Review of and draft Demand for Arbitration 1.60 400.00 LJC from AAA; 3 disciplinary cases; draft a-mails re game plan; telephone call from Cathy Rozina re termination of CNA's/recommendations Sep-15-11 Review of and draft e-mail to Kevin Hefty re 0.60 150.00 LJC Succesorship Grievance; review of and draft e-mails to Lisa Lopez re Global Settlement Agreement Sep-16-11 Review of and draft e-mails re Successorship 0.60 150.00 LJC Grievance/Information Request Sep-19-11 Strategy conference w/ Brandon Williams re 0.10 0.00 ARE review and re-write of Employee Handbook Sep-20-11 Conference with Brandon Williams re 0.50 125.00 LJC Invoice #: 60872 Page 3 October 12, 2011 response to NLRB Complaints on Collyer issue Review of e-mail to Abraham Shoulson re 0.20 50.00 LJC Successorship Grievance Telephone call to Arbitrator's assistant re 0.10 19.50 BSW Settlement of dispute Sep-21-11 Telephone call from Abraham Shoulson re 0.60 150.00 LJC next steps/execution of Global Settlement Agreement Sep-22-11 Review of/draft e-mails re discharge cases; 0.50 125.00 LJC review of/draft a-mails to Abraham/Lisa re execution of Global Settlement Agreement Sep-23-11 Telephone call from Lisa Lopez/Abraham re 1.00 250.00 LJC Successorship Grievance/Global Settlement Agreement next steps/concerns by Louis Capozzi Jr. about client approach in refusing to sign Settlement Agreement and possible need to get other counsel; telephone call from Abraham Shaulson requesting continued representation Sep-24-11 Draft e-mails to Dawn Richards re arbitrator 0.30 75.00 LJC selection Sep-29-11 Review of arbitrator's List re termination case 0.40 100.00 LJC Sep-30-11 Review of/draft e-mails re arbitration 0.30 75.00 LJC selection/discharge case Totals 18.60 $4,592.00 Total Fees & Disbursements $4,592.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You Capozzi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Fax:(717) 233-4103 EIN #: 23-2911821 Abraham Shaulson November 17, 2011 Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 File #: 930-11 Inv #: 61516 RE: Lackawanna Health & Rehab Labor & Employment Issues DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER Oct-03-11 Review of Union request for information; 2.50 625.00 LJC review of/draft a-mails to Abraham/Lisa; analysis of Duty to Arbitrate Oct-11-11 Review of/draft e-mails to Cathy Rozina re 0.20 50.00 LJC Salso status/layoff option Oct-13-11 Review of/draft a-mails re status of 0.20 50.00 LJC arbitrations Oct-16-11 Review of/draft e-mails to Union Counsel re 0.50 125.00 LJC various arbitrators/next steps Oct-17-11 Review of/draft e-mails to Lisa Lopez/Cathy re 0.80 200.00 LJC status of various arbitration matters Oct-26-11 Review of/draft e-mails re status of 0.50 125.00 LJC termination cases Oct-27-11 Review of/draft e-mails to Union re ULP filed 0.40 100.00 LJC with NLRB/execution of Settlement Agreement Oct-28-11 Draft e-mail to Lisa Lopez re Global 0.20 50.00 LJC Settlement Agreement/ULP Oct-31-11 Telephone conversation with Kevin Hyer about 0.20 39.00 BSW discharge of former CNA for posting Invoice #: 61516 Page 2 November 17, 2011 inappropriate images on Facebook and pending Unemployment Hearing Totals 5.50 Total Fees & Disbursements $1,364.00 $1,364.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You Capozzi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 RE: DATE Fax:(717) 233-4103 EIN #:23-2911821 December 12, 2011 File #: 930-11 Inv #: 62217 Lackawanna Health & Rehab Labor & Employment Issues DESCRIPTION HOURS AMOUNT TIMEKEEPER Nov-02-11 Telephone conversation with Cathy Rozina re 0.10 Settlement discussions with Counsel for Union; Settlement likely to include not opposing unemployment claim, but Cathy is checking with Human Resources Department to confirm Nov-04-11 Telephone conversation with Counsel for 0.10 Union re response on whether facility intends to oppose former employee's efforts to seek unemployment Nov-07-11 Review voice message from Counsel for 0.40 Union re pending unemployment hearing; telephone call to Cathy Rozina re same; telephone call to Union Counsel re Settlement offer Nov-08-11 Telephone conversation with Counsel for 0.30 Union regarding Settlement offer; telephone conversation with Cathy Rozina re same; telephone conversation with Counsel for Union; e-mail to Cathy Rozina re questions necessary for drafting Settlement Agreement 19.50 BSW 19.50 BSW 78.00 BSW 58.50 BSW Nov-09-11 Draft Settlement Agreements; e-mail to Cathy 1.20 234.00 BSW Rozina re same; review responsive e-mail from Cathy Rozina; e-mail SEW Counsel re Settlement Agreements; review responsive Invoice #: 62217 Page 2 December 12, 2011 e-mail form SEIU Counsel; respond to e-mail from Counsel confirming Agreement on Hodorovich matter in light of inability to get final signed Agreement prior to pending Unemployment Compensation Hearing Totals Total Fees & Disbursements 2.10 $409.50 $409.50 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You CapoZzi & Associates, P. C. 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 RE: DATE Sep-07-11 Sep-13-11 Sep-14-11 DESCRIPTION Lackawanna Health & Rehab Arb. Salso Termination Sep-15-11 Sep-16-11 Fax:(717) 233-4103 EIN #: 23-2911821 October 12, 2011 File #: 949-11 Inv #: 60880 HOURS AMOUNT TIMEKEEPER Review of Settlement Agreement; draft memo 0.30 75.00 LJC to Karen Fisher re execution of Settlement Agreement by Lackawanna Telephone call to Cathy Rozina re Settlement 0.20 39.00 BSW Agreement presented by Union Representative; conference with Karen Fisher re same and status of matter Review of and draft e-mails re execution of 0.20 50.00 LJC Salso Settlement Agreement Telephone call to Cathy Rozina re execution of 0.30 75.00 LJC Salso Settlement Agreement Conference with Louis Capozzi Jr. re 0.40 78.00 BSW conversation with Cathy Rozina about Settlement Agreement; telephone call to Cathy Rozina about Settlement Agreement re status; e-mail to Louis Capozzi Jr. re conversation with Cathy Rozina; review responsive a-mails from Louis. Capozzi Jr. Review of and draft a-mails re status of 0.60 150.00 LJC Settlement Telephone call to Cathy Rozina re execution of 0.80 200.00 LJC Settlement Agreement; review of and draft e-mails to Union invoice 4: OU86U Fage 2 October 12, Nil Review e-mail from Cathy Rozina re status of 0.30 58.50 BSW Settlement Agreement; telephone call to Cathy Rozina; e-mail to Louis Capozzi Jr. re conversation and status of Settlement Agreement; review responsive e-mail from Louis Capozzi Jr. Sep-28-11 Review voice message from Cathy Rozina re 0.50 97.50 BSW poor performance from employee after return to work pursuant to Settlement Agreement; e-mail to Louis Capozzi Jr. re same; review responsive e-mail from Louis Capozzi Jr.; telephone call to Cathy Rozina Sep-29-11 Review of and draft a-mails re possible 1.00 250.00 LJC termination of reinstated employee; telephone call from Cathy Rozina re plan Conference with Louis Capozzi Jr. re 0.20 39.00 BSW discharge of employee Sep-30-11 Review of and draft a-mails re resignation 0.30 75.00 LJC option Review e-mail from Louis Capozzi, Jr.; 0.20 39.00 BSW telephone call to Cathy Rozina re strategy for discharge of employee Totals 5.30 $1,226.00 Total Fees & Disbursements $1,226.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You CapoZzi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Fax:(717) 233-4103 EIN 4: 23-2911821 Abraham Shaulson November 17, 2011 Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 File 949-11 Inv 61515 RE: Lackawanna Health & Rehab Arb. Sallo Termination DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER Oct-03-11 Review status of case; prepare for meeting 0.50 0.00 DLR with Kevin Hyer, Union Counsel Oct-04-11 Updated Dawn Richards regarding case history 0.20 0.00 BSW and status in order to prepare for meeting with opposing Counsel Oct-06-11 Review of/draft e-mail Administrator at 0.20 50.00 LJC Lackawanna re status of Saslo quit Oct-17-I1 Review of/draft e-mails re proposed 0.50 125.00 LJC Settlement Agreement/layoff of employee Oct-18-11 Review of/draft e-mails to Cathy Rozino re 0.40 100.00 LJC PTO/SA Oct-27-11 Review of/draft e-mails to Cathy Rozina re 0.20 50.00 LJC status Totals 2.00 $325.00 Invoice #: b 1515 Page 2 November 17, 2011 Total Fees & Disbursements $325.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt.. Please put Invoice Number on your check, Thank You CapozZi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Fax:(717) 233-4103 EIN #: 23-2911821 Abraham Shaulson December 12, 2011 Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 File #: 949-11 Inv #: 62225 RE: Lackawanna Health & Rehab Arb. Salso Termination DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER Nov-05-11 Review of e-mail to Cathy (Administrator) re 0.20 50.00 LJC final Settlement Nov-16-11 Review procedure for Withdrawal; review 0.50 97.50 DLR correspondence re same; review case documents Draft Withdrawal of Appearance; file and 0.10 9.00 KF serve same Totals 0.80 $156.50 Total Fees & Disbursements $156.50 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put invoice Number on your check, Thank You Capozzi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 RE: DATE Fax:(717) 233-4103 EIN #: 23-2911821 October 12, 2011 File 950-11 Inv 60879 Lackawanna Health & Rehab Grievance Holiday AAA00593 DESCRIPTION HOURS AMOUNT TIMEKEEPER Sep-12-11 Conference with Louis Capozzi Jr. re recent 0.10 19.50 BSW settlement of claim and contacting Arbitrator re same Sep-13-11 Review file and Union's Demand for 0.30 58.50 BSW Arbitration alleging violation of holiday policy; conference with Karen Fisher re status of signed Settlement Agreement from client; direct Karen Fisher to locate contact information for AAA arbitrator Sep-14-11 E-mail to Louis Capozzi Jr. re client's failure 0.20 39.00 BSW to sign Settlement Agreement and impact on communication with AAA regarding Settlement of matter; review responsive e-mail; e-mail to AAA Labor Case Manager and SEIU Attorneys confirming Settlement and withdrawal; review responsive e-mail from Area Agency on Aging Labor Case Manager; :review responsive e-mail from SEIU Attorney, Kevin Hyer Sep-16-11 Review e-mail from SEIU Attorney, Dan 0.10 19.50 BSW Sainovich to AAA Totals 0.70 $136.50 invoice #: bub /V Fage L Total Fees & Disbursements October 12, 2U 11 $136.50 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You Capozzi & Associates, P. C. 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 Fax:(717) 233-4103 . RE: Lackawanna Health & Rehab Grievance Holiday AAA00593 DATE DESCRIPTION Oct-03-11 Review status of case; prepare for meeting with Kevin Hyer, Union Counsel Totals Total Fees & Disbursements $97.50 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You EIN #: 23-2911821 November 17, 2011 File 950-11 Inv 61514 HOURS AMOUNT TIMEKEEPER 0.50 97.50 DLR 0.50 $97.50 Capozzi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph:(717) 233-4101 Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 RE: DATE Nov-16-11 Fax:(717) 233-4103 Lackawanna Health & Rehab Grievance Holiday AAA00593 DESCRIPTION Draft Withdrawal of Appearance; file and serve same Totals Total Fees & Disbursements EIN #: 23-2911821 December 12, 2011 File 950-11 Inv 62224 HOURS AMOUNT TIMEKEEPER 0.10 9.00 KF 0.10 $9.00 $9.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You Capozzi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 RE: DATE Fax:(717) 233-4103 Lackawanna Health & Rehab Grievance CA Union Recogn. etc. AAA01985 DESCRIPTION Sep-12-11 Conference with Louis Capozzi Jr. re recent settlement of claim and contacting Arbitrator re same Sep-13-11 Review file and Union's Demand for Arbitration alleging violation of hours of work, seniority and part time employee provisions; conference with Karen Fisher re status of signed Settlement Agreement from client; direct Karen Fisher to locate contact information for AAA Arbitrator Sep-14-11 E-mail to Louis Capozzi Jr. re client's failure to sign Settlement Agreement and impact on communication with AAA regarding Settlement of matter; review responsive e-mail; e-mail to AAA Labor Case Manager and SEW Attorneys confirming Settlement and withdrawal; review responsive e-mail from Area Agency on Aging Labor Case Manager; review responsive e-mail from SEIU Attorney, Kevin Hyer EIN #: 23-2911821 October 12, 2011 File 951-11 Inv 60878 HOURS AMOUNT TIMEKEEPER 0.10 19.50 0.30 58.50 0.20 39.00 BSW BSW BSW Totals 0.60 $117.00 Invoice #: 608 18 Page 2 October 12, 2011 Total Fees & Disbursements $117.00 ;,.., Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. i Please put Invoice Number on your check, Thank You CapozZi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 23 3-4101. Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 RE: DATE Oct-03-11 Fax:(717) 233-4103 Lackawanna Health & Rehab Grievance CA Union Recogn. etc. AAA01985 DESCRIPTION Review status of case; prepare for meeting with Kevin Hyer, Union Counsel Totals Total Fees & Disbursements $97.50 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You EIN #: 23-2911821 November 17, 2011 File #: 951-11 Inv #: 61513 HOURS AMOUNT TIMEKEEPER 0.50 97.50 DLR 0.50 $97.50 CapozZi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 RE DATE Nov-16-11 Fax:(717) 233-4103 Lackawanna Health & Rehab Grievance CA Union Recogn. etc. AAA01985 DESCRIPTION Draft Withdrawal of Appearance; file and serve same Totals Total Fees & Disbursements EIN #: 23-2911821 December 12, 2011 File 951-11 Inv 62223 HOURS AMOUNT TIMEKEEPER 0.10 9.00 KF 0.10 $9.00 $9.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You Capozzi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Fax:(717) 233-4103 Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 RE: Lackawanna Health & Rehab Arb. Health Ins. Opt Out DATE DESCRIPTION Sep-09-11 Review of first draft of Arbitration Brief Sep-10-11 Draft e-mails to AAA/Arbitrator re briefing issues; redraft second draft of Arbitration Brief Sep-11-11 Redraft third draft of Brief; draft e-mails to AAA re Demand for Arbitration Sep-16-11 Review of/draft a-mails to Union re Transcript/Expedited Ruling Sep-18-11 Draft e-mail re transcripts Sep-25-11 Review of Affidavits in connection with Arbitration proceedings Sep-26-11 Review of Union's Brief and make notations on same Totals DISBURSEMENTS Sep-28-11 Federal Express Totals EIN #: 23-2911821 October 12, 2011 File 952-11 Inv 60877 HOURS AMOUNT TIMEKEEPER 2.00 500.00 LJC 2.00 500.00 LJC 1.60 400.00 LJC 0.50 125.00 LJC 0.20 50.00 LJC 0.50 125.00 LJC 1.00 250.00 LJC 7.80 $1,950.00 Disbursements Receipts 33.75 $33.75 $0.00 Invoice #: 60877 Page 2 October 12, 2011 Total Fees & Disbursements $1,983.75 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You Capozzi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Fax:(717) 233-4103 EIN 4: 23-2911821 Abraham Shaulson November 17, 2011 Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 File #: 952-11 Inv #: 61512 RE: Lackawanna Health & Rehab Arb. Health Ins. Opt Out DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER Oct-01-11 Review of/draft e-mails re Arbitration issues 0.20 50.00 LJC Oct-03-11 Review of/draft e-mails to AAA re Arbitrator's 0.30 75.00 LJC award Review status of case; prepare for meeting 0.50 0.00 DLR with Kevin Hyer, Union Counsel Oct-10-11 Review of/draft e-mails to Lisa re status of HI 0.50 125.00 LJC Switch Arbitration/next steps Oct-17-11 Review of/draft e-mails re extension of 0.50 125.00 LJC Arbitrator's Award Oct-31-11 Review of/draft e-mails re letter to American 0.40 100.00 LJC Arbitration Association re extension Totals 2.40 $475.00 Total Fees & Disbursements $475.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You CapozZi & Associates, PC 2933 North Front Street Harrisburg, PA 17110. Ph: (717) 233-4101 Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 RE: Lackawanna Health & Rehab Arb. Health Ins. Opt Out DATE Nov-15-11 Nov-16-11 DESCRIPTION EIN #: 23-2911821 December 12, 2011 File #: 952-11 Inv #: 62222 HOURS AMOUNT TIMEKEEPER Review status of case; office conference with 0.50 97.50 DLR Chris Mahady and Karen Fisher re Withdrawal of Appearance; prepare Entry of Appearance and Wthdrawal Draft Withdrawal of Appearance; file and 0.10 9.00 KF serve same Totals 0.60 $106.50 Total Fees & Disbursements $106.50 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Fax:(717) 233-4103 Please put Invoice Number on your check, Thank You CapoZzi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101. Fax:(717) 233-4103 EIN #:23-2911821 Abraham Shaulson December 12, 2011 Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 File 953-11 Inv 62221 RE: Lackawanna Health & Rehab Grievance Class Action Vacation AAA01802 DATE DESCRIPTION Nov-15-11 Review status of case; office conference with Chris Mahady and Karen Fisher re Withdrawal of Appearance; prepare Entry of Appearance and Withdrawal Nov-16-11 Draft Withdrawal of Appearance; file and serve same Totals Total Fees & Disbursements HOURS AMOUNT TIMEKEEPER 0.50 97.50 DLR 0.10 9.00 KF 0.60 $106.50 $106.50 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You Capozzi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 RE : DATE Oct-03-11 Lackawanna Health & Rehab Grievance Healthcare Ins. AAA01283 DESCRIPTION Review status of case; prepare for meeting with Kevin Hyer, Union Counsel Totals Total Fees & Disbursements $97.50 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Fax:(717) 233-4103 EIN #: 23-2911821 November 17, 2011 File 954-11 Inv 61511 HOURS AMOUNT TIMEKEEPER 0.50 97.50 DLR 0.50 $97.50 Please put Invoice Number on your check, Thank You Capozzi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 Fax:(717) 233-4103 EIN #:23-2911821 December 12, 2011 File 954-11 Inv 62220 RE: Lackawanna Health & Rehab Grievance Healthcare Ins. AAA01283 DATE DESCRIPTION Nov-15-11 Review status of case; office conference with Chris Mahady and Karen Fisher re Withdrawal of Appearance; prepare Entry of Appearance and Withdrawal Nov-16-11 Draft Withdrawal of Appearance; file and serve same Totals DISBURSEMENTS Nov-11-11 FedEx Delivery Charge Totals Total Fees & Disbursements Disbursements 41.16 $41.16 Receipts $0.00 $147.66 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You HOURS AMOUNT TIMEKEEPER 0.50 97.50 DLR 0.10 9.00 KF 0.60 $106.50 CapozZi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 RE: DATE Fax:(717) 233-4103 EIN #:23-2911821 October 12, 2011 File #: 955-11 Inv #: 60874 Lackawanna Health & Rehab Grievance OT 7 Diff. Pmt AAA00592 DESCRIPTION HOURS AMOUNT TIMEKEEPER Sep-12-11 Conference with Louis Capozzi Jr. re recent 0.10 19.50 BSW Settlement of claim and contacting Arbitrator re same Sep-13-11 Review file and Union's Demand for 0.40 78.00 BSW Arbitration alleging violations of overtime and differential payment policies; conference with Karen Fisher re status of signed Settlement Agreement from client; direct Karen Fisher to locate contact information for AAA Arbitrator; telephone call to Area Agency on Aging Labor Case Manager re Settlement of matter and associated matters pending before AAA Sep-14-11 E-mail to Louis Capozzi Jr. re client's failure 0.20 39.00 BSW to sign Settlement Agreement and impact on communication with AAA regarding Settlement of matter; review responsive e-mail; e-mail to AAA Labor Case Manager and SEIU Attorneys confirming Settlement and withdrawal; review responsive e-mail from Area Agency on Aging Labor Case Manager; review responsive e-mail from SEIU Attorney, Kevin Hyer Sep-19-11 Strategy conference w/ Brandon Williams re 0.10 0.00 ARE execution of NLRB Settlement Agreement Invoice #: 60874 Page 2 October 12, 2011 Totals Total Fees & Disbursements 0.80 $136.50 $136.50 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You CapozZi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Fax:(717) 233-4103 EIN # : 23-2911821 Abraham Shaulson November 17, 2011 Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 File 955-11 Inv #: 61510 RE: Lackawanna Health & Rehab Grievance OT 7 Dif£ Pmt AAA00592 DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER Oct-03-I1 Review status of case; prepare for meeting 0.50 97.50 DLR with Kevin Hyer, Union Counsel Oct-22-11 Strategy conference with Brandon Williams re 0.10 0.00 ARE status of execution of NLRB Settlement Agreement Totals 0.60 $97.50 Total Fees & Disbursements $97.50 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You Capozzi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 Fax:(717) 233-4103 RE: Lackawanna Health & Rehab Grievance OT 7 Diff. Pmt AAA00592 DATE DESCRIPTION Nov-15-11 Review status of case; office conference with Chris Mahady and Karen Fisher re Withdrawal of Appearance; prepare Entry of Appearance and Withdrawal Nov-16-11 Draft Withdrawal of Appearance; file and serve same Totals Total Fees & Disbursements E1N #: 23-2911821 December 12, 2011 File 955-11 Inv 62219 HOURS AMOUNT TIMEKEEPER 0.50 97.50 DLR 0.10 9.00 KF 0.60 $106.50 $106.50 Due. Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You CapozZi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 Fax:(717) 233-4103 RE: Lackawanna Health & Rehab Grievance AAA01887 DATE DESCRIPTION Oct-03-11 Review status of case; prepare for meeting with Kevin Hyer, Union Counsel Totals Total Fees & Disbursements $97.50 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You EIN #: 23-2911821 November 17, 2011 File #: 956-11 Inv #: 61509 HOURS AMOUNT TIMEKEEPER 0.50 97.50 DLR 0.50 $97.50 CapoZzi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 Fax:(717) 233-4103 RE: Lackawanna Health & Rehab Grievance AAA01887 DATE DESCRIPTION Nov-15-11 Review status of case; office conference with Chris Mahady and Karen Fisher re Withdrawal of Appearance; prepare Entry of Appearance and Withdrawal Nov-16-11 Draft Withdrawal of Appearance; file and serve same Totals Total Fees & Disbursements $9.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You EIN #: 23-2911821 December 12, 2011 File #: 956-11 Inv #: 62218 HOURS AMOUNT TIMEKEEPER 0.50 0.00 DLR 0.10 9.00 0.60 $9.00 KF Capozzi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Fax:(717) 233-4103 EIN #: 23-2911821 Abraham Shaulson December 12, 2011 Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 File #: 965-11 Inv #: 62228 RE: Lackawanna ULP Failure to Negotiate Nursing Employees (4CA037382) DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER Nov-08-11 Review letter from NLRB requesting status 1.50 292.50 BSW update; review notes from Louis Capozzi Jr.; review matter history; draft letter to NLRB providing status update Research status of grievance; office conference 0.50 97.50 DLR with Brandon Williams re statu update Nov-10-11 Review of letter to NLRB re status/deferral; 0.40 100.00 LJC draft memo to Brandon Williams re revisions to NLRB Response Nov-11-11 Review of Amended Charge/Response to 0.50 125.00 LJC NLRB Review notes from Louis Capozzi Jr. on status 1.30 253.50 BSW letter to NLRB; review charge and draft Settlement Agreement; draft e-mail to Louis Capozzi Jr. answering questions; edit status letter to NLRB Nov-14-11 Conference with Karen Fisher re status letter; 0.50 97.50 BSW e-mail to Louis Capozzi Jr. re same; conference with Dawn Richards; review e-mail from Louis Capozzi Jr.; direct Karen Fisher as to preparation and transmission of status letter to NLRB Nov-15-11 Review status of case; office conference with 0.50 97.50 DLR Invoice (22228 Fage 1 Chris Mahady and Karen Fisher re Withdrawal of Appearance; prepare Entry of Appearance and Withdrawal Nov-16-11 Review procedure for Withdrawal; review correspondence re same; review case documents Draft Withdrawal of Appearance; file and serve same Totals Total Fees & Disbursements Uecember 12, 1U11 0.50 97.50 DLR 0.10 9.00 KF 5.80 $1,170.00 $1,170.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You CapozZi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph:(717) 233-4101 Fax:(717) 233-4103 EIN #: 23-2911821 Abraham Shaulson December 12, 2011 Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 File #: 965-11 Inv #: 62229 RE: Lackawanna ULP Failure to Negotiate Clerical Employees (4CA037447) DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER Nov-08-11 Research status of grievance; office conference 0.50 97.50 DLR with Brandon Williams re status update Nov-15-11 Review status of case; office conference with 0.50 97.50 DLR Chris Mahady and Karen Fisher re Withdrawal of Appearance; prepare Entry of Appearance and Withdrawal Nov-16-11 Review procedure for Withdrawal; review 0.50 0.00 DLR correspondence re same; review case documents Draft Withdrawal of Appearance; file and 0.10 9.00 KF serve same Totals 1.60 $204.00 Total Fees & Disbursements $204.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You Capozzi cat Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Fax:(717) 233-4103 EIN #: 23-2911821 Abraham Shaulson November 17, 2011 Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 File #: 977-11 Inv 61517 RE: Lackawanna Health & Rehab Grievance Lisa Heater DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER Oct-03-11 Review status of case; prepare for meeting 0.50 97.50 DLR with Kevin Hyer, Union Counsel Oct-04-11 Prepare case summary for meeting with Kevin 1.00 195.00 DLR Hyer; telephone call from Kevin Hyer re cases Oct-24-1 1 Review of file for possible Arbitration 1.00 250.00 LJC Settlement of Heater Review e-mail from Louis Capozzi Jr. re 0.20 39.00 BSW Settlement questions to discuss with Cathy Rozina; telephone call to Cathy Rozina re employee's discipline record; e-mail to Louis Capozzi Jr. re same Oct-26-11 Conference with Dawn Richards re case status 0.40 78.00 BSW and potential transfer of matter; review and respond to a-mails from Louis Capozzi Jr. re same; meet with Dawn Richards to discuss case history; review file documents Office conference with Brandon Williams re 1.10 214.50 DLR status of case; telephone call from Kevin Hyer; e-mail to Louis Capozzi Jr. re arbitration; review of case documents; telephone call to Kevin Hyer Oct-31-11 Review e-mail from Union Counsel re 0.30 58.50 BSW potential settlement; telephone call to Union Invoice #: 61517 Page 2 November 17, 2011 Counsel; telephone call to Cathy Rozina re same Totals 4.50 $932.50 Total Fees & Disbursements $932.50 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You CapozZi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Fax:(717) 233-4103 EIN #: 23-2911821 Abraham Shaulson December 12, 2011 Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 File #: 977-11 Inv 62226 RE: Lackawanna Health & Rehab Grievance Lisa Heater DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER Nov-02-11 Telephone conversation with Cathy Rozina re 0.10 19.50 BSW Settlement discussions with counsel for Union; Settlement unlikely Nov-08-11 Telephone conversation with Union Counsel 0.10 19.50 BSW regarding Settlement offer Nov-10-11 Telephone conversation with Union Counsel 0.20 39.00 BSW regarding their intention to ask request that arbitration date be moved forward Nov-14-11 Review status report; e-mail to and from Louis 0.50 97.50 DLR Capozzi Jr. re open matters; office conference with Brandon Williams re same Nov-15-11 Review status of case; office conference with 0.50 97.50 DLR Chris Mahady and Karen Fisher re Withdrawal of Appearance; prepare Entry of Appearance and Withdrawal Nov-16-11 Review procedure for Withdrawal; review 0.50 0.00 DLR correspondence re same; review case documents Draft Withdrawal of Appearance; file and 0.10 9.00 KF serve same Totals 2.00 $282.00 Invoice #: 62226 Page 2 December 12, 2011 Total Fees & Disbursements $282.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You CapozZi & Associates, PC 2933 North Front Street Ph: (717) 233-4101 Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 RE DATE Harrisburg, PA 17110 Fax:(717) 233-4103 EIN #: 23-2911821 November 17, 2011 File #: 1003-11 Inv #: 61518 Lackawanna Health & Rehab Grievance Nikki Dunleavy DESCRIPTION HOURS AMOUNT TIMEKEEPER Oct-03-11 Review status of case; prepare for meeting 0.50 0.00 DLR with Kevin Hyer, Union Counsel Oct-04-11 Update Dawn Richards re case history and 0.40 78.00 BSW status in order to prepare for potential Settlement discussion with opposing Counsel; conference with Dawn Richards re her conversation with opposing Counsel regarding this matter Prepare case summary for meeting with Kevin 1.00 195.00 DLR Hyer; office conference with Brandon Williams re case status Oct-22-11 Strategy conference with Brandon Williams re 0.10 0.00 ARE status of grievance and criminal charges against Complainant Totals 2.00 $273.00 Total Fees & Disbursements $273.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You CapozZi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 RE: DATE Fax:(717) 233-4103 EIN #: 23-2911821 December 12, 2011 File #: 1003-11 Inv #: 62227 Lackawanna Health & Rehab Grievance Nikki Dunleavy DESCRIPTION HOURS AMOUNT TIMEKEEPER Nov-14-11 Review status report; e-mail to and from Louis 0.50 97.50 DLR Capozzi Jr. re open matters; office conference with Brandon Williams re same Nov-15-11 Review status of case; office conference with 0.50 0.00 DLR Chris Mahady and Karen Fisher re Withdrawal of Appearance; prepare Entry of Appearance and Withdrawal Nov-16-11 Review procedure for Withdrawal; review 0.50 97.50 DLR correspondence re same; review case documents Totals 1.50 $195.00 Total Fees & Disbursements $195.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You CapozZi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Abraham Shaulson Millennium Management Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 RE: Miscellaneous DATE DESCRIPTION Fax:(717) 233-4103 Sep-20-11 Review of letter; draft memo to Bruce Baron re response to Union and request for information Totals 7:otal Fees & Disbursements EIN #: 23-2911821 October 12, 2011 File #: 1197-11 Inv #: 60848 HOURS AMOUNT TIMEKEEPER 0.50 125.00 LJC 0.50 $125.00 $125.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You CapozZi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Fax:(717) 233-41.03 EIN #:23-2911821 Eli Strohli, Owner Oct ober 12, 2011 Abraham Shaulson Lackawanna Healthcare Center, LLC 10800 Biscayne Boulevard Miami, FL 33161 File #: 1006-11 Inv #: 60847 RE: Lackawanna Health & Rehab Grievance Suspension of Lori Casey DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER Sep-20-11 Review of arbitration panel and selection of 1.00 195.00 DLR arbitrators; e-mail to Cathy Rozina re request for documents Sep-21-11 Review of files received from client 2.50 487.50 DLR Sep-23-11 Arbitrator selection 2.00 390.00 DLR Sep-26-11 Finalized arbitrator selection list 0.30 58.50 DLR Totals 5.80 $1,131.00 Total Fees & Disbursements 1 $1,131.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You Capozzi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Eli Strohli, Owner Abraham Shaulson Lackawanna Healthcare Center, LLC 10800 Biscayne Boulevard Miami, FL 33161 RE: DATE Oct-03-11 Oct-04-11 Oct-26-11 Oct-27-11 Fax:(717) 233-4103 Lackawanna Health & Rehab Grievance Suspension of Lori Casey DESCRIPTION Review status of case; prepare for meeting with Kevin Hyer, Union Counsel Prepare case summary for meeting with Kevin Hyer; telephone call from Kevin Hyer re cases Conference with Dawn Richards re case status and potential transfer of matter; review and respond to a-mails from Louis Capozzi Jr. re same; meet with Dawn Richards to discuss case history; review file documents; telephone call to Cathy Rozina re possible Settlement Office conference with Brandon Williams re status of case; telephone call from Kevin Hyer; e-mail to Louis Capozzi Jr. re arbitration; review of case documents; telephone call to Kevin Hyer Telephone cobnversation with Cathy Rozina re settlement offer; telephone call to opposing Counsel EIN #: 23-2911821 November 17, 2011 File #: 1006-11 Inv #: 61475 HOURS AMOUNT TIMEKEEPER 0.50 97.50 DLR 1.00 195.00 DLR 0.70 136.50 BSW 1.10 214.50 DLR 0.20 39.00 BSW Oct-31-11 Review e-mail from Union Counsel re 0.30 58.50 BSW potential settlement; telephone call to Union Counsel; telephone call to Cathy Rozina re same Invoice #: 61475 Page 2 November 17, 2011 Totals Total Fees & Disbursements 3.80 $741.00 $741.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You CapozZi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Eli Strohli, Owner Abraham Shaulson Lackawanna Healthcare Center, LLC 10800 Biscayne Boulevard Miami, FL 33161 RE DATE Fax:(717) 233-4103 EIN #: 23-2911821 December 12, 2011 File #: 1006-11 Inv #: 62022 Lackawanna Health & Rehab Grievance Suspension of Lori Casey DESCRIPTION HOURS AMOUNT TIMEKEEPER Nov-02-11 Telephone conversation with Cathy Rozina re 0.10 19.50 BSW Settlement discussions with Counsel for Union; Settlement likely to include reduction of suspension to written warning Nov-08-11 Telephone conversation with Union Counsel 0.10 19.50 BSW regarding Settlement offer Nov-09-11 Draft Settlement Agreement; e-mail to Cathy 0.90 175.50 BSW Rozina re same; review responsive e-mail from Cathy Rozina; e-mail SEIU Counsel regarding Settlement Agreement; review e-mail from Louis Capozzi Jr. re Area Agency on Aging scheduling Arbitration; review Notice of Hearing date; respond to e-mail updating Louis Capozzi Jr. as to Settlement Nov-11-11 Review e-mail from Louis Capozzi Jr. re 0.20 39.00 BSW Settlement terms; respond to e-mail Nov-14-11 Review status report; e-mail to and from Louis 0.50 97.50 DLR Capozzi Jr. re open matters; office conference with Brandon Williams re same Nov-16-11 Draft Withdrawal of Appearance; file and 0.10 9.00 KF serve same Totals 1.90 $360.00 Invoice #: 62022 Page 2 December 12, 2011 Total Fees & Disbursements $360.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You CapozZi & Associates, PC 2933 North Front Street Ph: (717) 233-4101 Eli Strohli, Owner Abraham Shaulson Lackawanna Healthcare Center, LLC 10800 Biscayne Boulevard Miami, FL 33161 RE: DATE EIN #: 23-2911821 October 12, 2011 File #: 1007-11 Inv #: 60846 Lackawanna Health & Rehab Grievance - Discharge of Donna Polansky DESCRIPTION Sep-19-11 Strategy conference w/ Brandon Williams re preparation for possible Arbitration and response to Arbitration list as to discharge of Polansky Sep-20-11 Review letter from AAA providing list of arbitrators; telephone call to Cathy Rozina re reasons for discharge of employee; review list of arbitrators; research arbitrators; conference with Louis Capozzi Jr. re criteria for ranking arbitrators; prepare initial rank of arbitrators Sep-21-11 Prepare analysis of arbitrator rankings Sep-23-11 E-mail to Louis Capozzi Jr. re selection of arbitrators; review responsive e-mail from Louis Capozzi Jr.; telephone call to Cathy Rozina; review e-mail from Cathy Rozina; review disciplinary grievance; telephone call to AAA ; direct Karen Fisher as to requesting extension to respond to arbitrator list Sep-26-11 Conference with Karen Fisher re follow up with case manager on extension request; review e-mail from Karen Fisher re same; e-mail to Louis Capozzi Jr. re grant of extension Harrisburg, PA 17110 Fax:(717) 233-4103 HOURS AMOUNT TIMEKEEPER 0.20 0.00 3.20 624.00 0.50 97.50 1.10 214.50 0.30 58.50 ARE BSW BSW BSW BSW 111VV1VA. Tr. VVU'TV 1 Rb'G L Sep-29-11 Conference with Louis Capozzi Jr. re selection of arbitrators Sep-30-11 Complete section of arbitrators; direct Karen Fisher as to preparation of Entry of Appearance; review and execute final drafts of both for filing; review invoice from AAA Draft Entry of Appearance for Brandon Williams for Discharge of Donna Polansky matter; file and serve same Totals Total Fees & Disbursements 0.30 0.50 0.10 \JI.IVUGl 1G, GV11 58.50 BSW 97.50 BSW 9.00 KF 6.20 $1,159.50 $1,159.50 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You CapozZi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Eli Strohli, Owner Abraham Shaulson Lackawanna Healthcare Center, LLC 10800 Biscayne Boulevard Miami, FL 33161 RE DATE E1N #:23-2911821 November 17, 2011 File #: 1007-11 Inv #: 61476 Lackawanna Health & Rehab Grievance - Discharge of Donna Polansky DESCRIPTION Fax:(717) 233-4103 HOURS AMOUNT TIMEKEEPER Oct-04-11 Update Dawn Richards re case history and 1.20 234.00 BSW status in order to prepare for potential Settlement discussion with opposing counsel; research and review AAA arbitration rules Prepare case summary for meeting with Kevin 1.00 195.00 DLR flyer; office conference with Brandon Williams re case status Oct-20-11 Review e-mail from Case Manager re 0.80 156.00 BSW assignment of arbitrator and potential arbitration dates; discuss same and status of Settlement discussions with Dawn Richards; telephone call to Cathy Rozina re same; e-mail to Cathy Rozina Oct-21-11 Review e-mail from Louis Capozzi Jr. re 0.40 78.00 BSW Settlement discussions with Counsel for Union; e-mail to Louis Capozzi Jr. case status - update Oct-22-11 Strategy conference with Brandon Williams re 0.10 0.00 ARE preparation for possible Arbitration and possible Settlement Agreement as to discharge of Polansky Oct-24-11 Review e-mail from Louis Capozzi Jr. re 0.20 39.00 BSW Settlement questions to discuss with Cathy R.ozina; telephone call to Cathy Rozina re luvUI%1c1 r, vIIt iv ragv employee's discipline record; e-mail to Louis Capozzi Jr. re same Oct-26-11 Office conference with Brandon Williams re status of case; telephone call from Kevin Hyer; e-mail to Louis Capozzi Jr. re arbitration; review of case documents; telephone call to Kevin Hyer Draft letter to AAA re proposed Hearing dates Oct-27-11 Review correspondence from Case Manager re scheduled date for Arbitration Oct-31-11 Review e-mail from Union Counsel re potential settlement; telephone call to Union Counsel; telephone call to Cathy Rozina re same Totals Total Fees & Disbursements IN0VCHIUCi 1 /, GV 11 1.10 214.50 DLR 0.10 9.00 KF 0.20 39.00 BSW 0.30 58.50 BSW 5.40 $1,023.00 $1,023.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You Capozzi & Associates, PC 2933 North Front Street Harrisburg, PA 17110 Ph: (717) 233-4101 Eli Strohli, Owner Abraham Shaulson. Lackawanna Healthcare Center, LLC 10800 Biscayne Boulevard Miami, FL 33161 RE: DATE EIN #: 23-2911821 December 12, 2011 File 1007-11 Inv 62021 Lackawanna Health & Rehab Grievance - Discharge of Donna Polansky DESCRIPTION Nov-02-11 Telephone conversation with Cathy Rozina re Settlement discussions with Counsel for Union; Settlement unlikely, but Cathy is reviewing to see if she wants to increase Settlement offer or agree to last chance agreement Nov-07-11 Telephone conversation with Cathy Rozina re Settlement offer; additional telephone conversation with Cathy Rozina detailing terms of Settlement offer; telephone call to Union Counsel re offer Nov-08-11 Telephone conversation with Union Counsel regarding Settlement offer Nov-09-11 Review Area Agency on Aging Arbitration rules in order to begin preparing for December 9, 2011 Arbitration; e-mail to Dawn Richards regarding same; review responsive e-mail from Dawn Richards; e-mail Cathy Rozina regarding Inspector's Report/Testimony Nov-10-11 Review e-mail from Cathy Rozina; review Department of Health Survey results; respond to e-mail from Cathy Rozina; meet with Dawn Richards to discuss Arbitration preparations; e-mail Cathy Rozina additional questions; review responsive e-mail form Cathy Rozina Fax:(717) 233-4103 HOURS AMOUNT TIMEKEEPER 0.10 19.50 BSW I 0.20 39.00 0.10 19.50 1.20 234.00 1.30 253.50 BSW BSW BSW BSW invoice ft: oZu/- 1 rage 2 Office conference with Brandon Williams re 1.50 preparation for arbitration, exhibits, and witnesses Nov-14-11 Review and respond to e-mail from Louis 0.20 Capozzi Jr. re Arbitration Hearing date; review additional e-mail from Louis Capozzi Jr. Review status report; e-mail to and from Louis 0.50 Capozzi Jr. re open matters; office conference with Brandon Williams re same Nov-15-11 Review and e-mail from Louis Capozzi Jr. re 0.20 withdrawal as Counsel; direct Karen Fisher to prepare withdrawal Nov-16-11 Draft. Withdrawal of Appearance; file and 0.10 serve same liecemoer 12, /_u 11 292.50 DLR 39.00 BSW 97.50 DLR 39.00 BSW 9.00 KF Totals 5.40 $1,042.50 Total Fees & Disbursements $1,042.50 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You CapozZi & Associates, PC 2933 North Front Street Ph: (717) 233-4101 Abraham Shaulson Eli Strohli, Owner Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 RE: Miscellaneous Harrisburg, PA 17110 Fax:(717) 233-4103 DATE DESCRIPTION Sep-20-11 Review of letter; draft memo to Bruce Baron re response to Union and request for information Totals Total Fees & Disbursements $125.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You EIN #:23-2911821 October 12, 2011 File #: 1197-11 Inv #: 60848 HOURS AMOUNT TIMEKEEPER 0.50 125.00 LJC 0.50 $125.00 From: Lou Capozzi Sent: Monday, November 14, 2011 11:37 AM To: 'eli.s@millennium-mgt.com' <eli.s(a)millennium-mgt.com> Cc: 'abraham.s@millennium-mgt.com' <abraham.sCcbmillennium-mot.com>; 'lisa.l@millennium-mgt.com' <Iisa.ICcOmillennium-mgt.com> Subject: Re: NLRB Mrm Strohli: I was told by your administrator and by Lisa Lopez in numerous emails in response to my direct question as recently as 2 weeks ago that I was continuing to represent the current operator. I have received numerous emails from the Administrator and from Ms. Lopez regarding representation issues and at no time did anyone tell me I wasn't representing the current operator. And, I was authorized by Ms. Lopez and Mr. Shoulson to finalize the Global Settlement Agreement and they were quite pleased with the results I obtained. Why you chose not to sign it remains a mystery to me. If you would like copies of all of the emails that went back and forth, I would be happy to provide them. If you now have counsel representing you on all matters, I would like the courtesy of notification so I can withdraw my appearances. To date, your new counsel who I'm unaware of has made no effort to contact me or enter his appearance. Who is he? When I was asked to replace Mr. Ufberg, we had a similar problem, in that you did not notify Mr. Ufberg and tell him he was being replaced by our firm. At this point, we are terminating our representation, and unless we have the name of your new counsel, you will need to respond directly to the Board and the AAA. Also, you will need counsel to handle the Health Insurance Arbitration which you also asked me to handle and write a Brief to the Arbitrator on and request Extensions on your behalf. We also expect payment for our services to date. Thank you. Louis J. Capozzi, Esq. Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Fax (717) 233-4103 www.capozziassociates.com From: Eli Strohli fma!Ito:eli.s(.5)millennium-mgt com] Sent: Monday, November 14, 2011 11:14 AM EXHIBIT To: Lou Capozzi E Subject: NLRB Mr Lou Capozzi I am unsure who from the N.L.R.B. would be requesting "anything" from you or your firm for I have counsel already representing my entity. It is unfortunate that you continue referencing a global settlement agreement which your firm wasn't authorized to finalize. I trust that you are not doing any further work pertaining my entity Thankyou ELI STROHLI Thank You ! Have A Nice Day! This message is confidential, intended only for the named recipient(s) and may contain information that is proprietary, privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the sender at either the e-mail address or telephone number above and delete this e-mail from your computer. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. From: Lou Capozzi [LouC@CapozziAssociates.com] Sent: Saturday, November 12, 2011 9:47 AM To: 'lisa.l@millennium-mgt.com' Cc: 'abraham.s@millennium-mgt.com'; Christina A. Mahady Subject: Re: LCKW inquiries from Union regarding outstanding issues Chris:what is status of payment? We still are handling a number of ULP and Arbitration matters, some of which are scheduled for hearing in the upcoming weeks. Louis J. Capozzi, Esq. Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Fax (717) 233-4103 www.capozziassociates.com From: Lisa Lopez [mailto:lisa.l@millennium-mgt.com] Sent: Monday, November 07, 2011 05:17 AM To: Lou Capozzi Cc: abraham s <abraham.s@millennium-mgt.com>; Christina A. Mahady Subject: Re: LCKW inquiries from Union regarding outstanding issues Hello Lou, About a week ago, I received all of your invoices from Christina. For some reason, the invoices aren't reaching me regularly and it is somewhat cumbersome to review 15-20 invoices at the same time and I was extremely busy last week with w/c audits for other facilities. I will follow up with the executive assistant to find out when payment will be made and will communicate back. Lisa Lopez - Corporate Payroll and Human Resources Services 10800 Biscayne Blvd , Suite 600 Miami, FL 33161 (305) 864-9191 Phone (305) 864-6667 Fax Lisa.L(a,Millenniurn-M_-t.com Warning: Confidential and Privileged This message is confidential, intended only for the named recipient(s) and may contain information that is proprietary, privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the sender at either the e-mail address or telephone number above and delete this e-mail from your computer. Receipt by anyone other than the named recipient(s) is not a waiver of any attomey-client, work product, or other applicable privilege. From: "Lou Capozzi" <LouC@CapozziAssociates.com> To: "lisa I" <lisa.l@millennium-mgt.com> Cc: "abraham s" <abraham.s@millennium-mgt.com>, "Christina A. Mahady" <christinam@CapozziAssociates.com> Sent: Saturday, November 5, 2011 9:26:12 AM Subject: Re: LCKW inquiries from Union regarding outstanding issues EXHIBIT F Louis J. Capozzi, Jr., Esqu.ire* Daniel K. Natirboff, Esquire Donald R. Reavey, Esquire Craig I. Adler, Esquire ** Andrew R. Eisemann. Esare Bruce G. Baron, Esquire Dawn L. Richards, Esquire Philip C. Warholic, Esquire Matthew A. Thomsen, Esquire ** Brandon S. Williams, Esquire Timothy Ziegler, Reimb. Analyst Karen L. Fisher, Paralegal Keyoung J. Gill, Paralegal Gwenn M. Keene, Paralegal * (Licensed in PA, NJ and MD) ** (Licensed in PA and NJ) Abraham Shaulson Eli Strohli Millennium Management 10800 Biscayne Boulevard, Suite 600 Miami, FL 33161 Re: Lackawanna Health and Rehab Center matters Delinquent Account Balance: $20,540.91, plus costs of collection Our Matter No.: 1174-11 Dear Mr. Shaulson and Mr. Strohli: 2933 North Front Street Harrisburg, PA 17110 Telephone: (717) 233-4101 Facsimile: (717) 233-4103 www.capozziassociates.com Mid-Penn Abstract Company Charter Settlement Company Telephone: (717) 234-3289 Facsimile: (717) 234-1670 As you are aware, our law firm represented Lackawanna Health and Rehab Center in a number of legal matters. Please note that there is an outstanding balance due and owing in the amount of $20,540.91, for legal services rendered, and that you are jointly responsible for the payment of the invoices. Enclosed please find copies of the unpaid invoices regarding the above-referenced delinquent balance. As such, I respectfully request that you tender payment in the amount of $20,540.91, within 10 days from the date of this letter, to Capozzi & Associates, P.C., 2933 North Front Street, Harrisburg, PA 17110. Please be advised that if payment is not received within 10 days of the date of this letter, I will have no alternative but to prepare a lawsuit to collect upon the above-referenced amount, plus costs of collection. We expect that you will honor the terms of your Agreement with our law firm and remit payment. This action is being taken because, despite previous discussions and requests for payment, you have failed to remit payment for the legal services provided. I trust that you will give this Notice your immediate attention, truly yours, J. Capozzi, Jr. LJC/PCW Enclosures THIS LETTER AND ANY FUTURE LETTERS FROM OUR FIRM ARE AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT December 30, 2011 What is status of payment? Louis J. Capozzi, Esq. Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Fax (717) 233-4103 www.capozziassociates.com From: Lou Capozzi _ Sent: Friday, October 21, 2011 11:20 AM To: 'lisa.l@millennium-mgt.com' <lisa.l@millennium-mgt.com> Cc: 'abraham.s@millennium-mgt.com' <abraham.s@millennium-mgt.com>; Christina A. Mahady Subject: Re: LCKW inquiries from Union regarding outstanding issues Lisa: I would appreciate it if you could pay our open invoices in connection with our representation. Please confirm as to when we can expect payment. Thanks. Overall, pretty quiet on the open matters we are handling.. Louis J. Capozzi, Esq. Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Fax (717) 233-4103 www.capozziassociates.com CAPOZZI & ASSOCIATES, P.C., A Pennsylvania Professional Corporation, Plaintiff V. MILLENNIUM MANAGEMENT, INC., LLC, ABRAHAM SHAULSON, Individually and as an officer of Millennium Management, Inc., LLC, and ELI S. STROHLI, Individually and as an officer of Millennium Management, Inc., LLC, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 2012-00986 .?, r-nrx) M i= Civil Action - Law ?-- _ , , r 1 ?..r.1 ?C 7) it: c ) PRAECIPE TO ENTER RETURN OF SERVICE TO THE PROTHONOTARY/CLERK OF SAID COURT: Kindly enter as a matter of record the attached Affidavits of Service forms as proof of personal service of the above-referenced Complaint upon the Defendants. A competent adult served the Complaints upon Defendants in accordance with Pa.R.C.P. No. 402(a) on February 27, 2012. Dated: 4 L L? Ph lip arholic, Esquire Attorne .D. No.: 86341 Capozzi & Associates, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 1701 (717) 233-4101 Attorney for Plaintiff CAPOZZi & ASSOCIATES, PC vs. MILLENNIUM MANAGEMENT, INC., LLC, ET AL Person to be served (Name and Address): ABRAHAM SHAULSON 10800 BISCAYNE BLVD STE 600 MIAMI FL 3313# By serving: ABRAHAM SHAULSON Attorney: PHIL WARHOLIC, ESQ Papers Served: NOTICE TO DEFEND, COMPLAINT, EXHIBITS Service Data: ,[ Served Su cessfully [ ] Not Served Date/Time: 1 L j' '3 Plaintiff Defendant [ ] Delivered a copy to him/her personally [ ] Left a copy with a competent household member over 14 years of age residing Attempts: therein (indicate name & relationship at right) [ Left a copy with a person authorized to accept service, e.g registered agent, etc. (indicate name & official title at right) f k 2 7 ??. Syr. u L i Description of Person Accepting Service: SEX: F AGE: W2., HEIGHT: C J r 11 ' WEIGHT: 1575 SKIN: L J HAIR: 6 Lo+?bOTHER: Unserved: [ ] Defendant is unknown at the address furnished by the attorney [ ] All reasonable inquiries suggest defendant moved to an undetermined address [ ] No such street in municipality [ ] Defendant is evading service [ ] No response on: Date/Time: Date/Time: Date/Time: Other: Served Data: / Subscribed and Sworn to me this a rcc c+ jy? was at the time of service a competent adult, over 2? - day of v 20 1 Z- the age of 18 and not having a direct interest in the litigation. I declare u der penalty of perjury that the Notary Signature: n is true a rrect. ?v Lt J ' - l Zvi 20 LZ A CAI Name of Notary C m xpy L GCLDNER Sof Process Server Date managing agent, 31/4^- i 2 0 1 2 0 2 0 9 1 1 2 3 ur»C?,ZE - ?'u C%' C:)urt Of ialf'qz ??nz'!1c?;.{'tLrVenue Docket Number: 12 986 AFFIDAVIT OF SERVICE (For Use by Private Service) Cost of Service pursuant to R. 4:4-3(c) Date/Time: -.-? 3 y rzIA - J_ b Date/Time: _11Y Date/Time: Name of Person Served and relationship/title: ,C't 40 s''? "; •: MY COMMISSION # EE009340 EXPIRES July 18, 2014 ' ?? F $9IVICB.C0111 (107 3YS-0153 (S""rc ; - CIO k,;Ol /to , A C;, C-t- 11 IIII I IIIIIIillll VIIIVIIIVIII VIIIVIIIVIII VIII VIIIVIIIVIIIVIII 1111 r 1 CAPOZZI'& ASSOCIATES, PC G1i77? ?? r Court Of C OM-""C'n p/v" Plaintiff vs J V . enue MILLENNIUM MANAGEMENT, INC., LLC, ET AL Defendant Docket Number: 12 986 Person to be served (Name and Address): ELI STROHLI 10800 BISCAYNE BLVD STE 600 AFFIDAVIT OF SERVICE MIAMI FL 3313# By serving: ELI STROHLI (For Use by Private Service) Attorney: PHIL WARHOLIC, ESQ Cost of Service pursuant to R. 4:4-3(c) Papers Served: NOTICE TO DEFEND, COMPLAINT, EXHIBITS $ Service Data: Very d Succ ssfully [ ] Not Served ? Z 1 /. 3 / '*' t /Ti D a e me: [ J Delivered a copy to him/her personally Q 71 /Ti 4 3 ll [ ] Left a copy with a competent household member over 14 years of age residing 5 me: Attempts: Date Date/Time: A ? there!'ry(indicate name & relationship at right) Date/Time: [ 4eft a copy with a person authorized to accept service, e.g. managing agent, Name of Person Served and relationship/title: registered agent, etc. (indicate name & official title at right) D ? 0 P Se-A,?-eCe - a- -2-7 1 : 3 ?-nti 4:62 1124 oC ?•s? ? a?-cQ w o w-f- ?.,c'?c?.yooL .? ? 4-o cd-? 4-k-?T? Description of Person Accepting Service: SEX: F AGE: N HEIGHT: WEIGHT: SKIN: L-) HAIR: o , THEIR: Unserved: [ ] Defendant is unknown at the address furnished by the attorney [ ] All reasonable inquiries suggest defendant moved to an undetermined address [ ] No such street in municipality [ ] Defendant is evading service [ ] No response on: Date/Time: Date/Time: Date/Time: Other: Served Data: Subscribed and Sworn to me this 19?i?c'?.J w at the time of service a competent adult, over day of .20 7i the age of 18 and not having a direct interest in the litigation. I declare under penalty of perjury that the Notary Signature: Cl- f i is true nd correct. A 6z= h k// y 1111-044-1-- - Name of Notary Si nature of Process Server Date 0] LN, JULIA L GOLDNER MY COMMISSION # EE009340 s EXPIRES July 18, 2014 3 tt??Sem".Qom isv CAPOZZI & ASSOCIATES, PC vs. MILLENNIUM MANAGEMENT, INC., LLC, ET AL Person to be served (Name and Address): MILLENNIUM MANAGEMENT, INC., LLC 10800 BISCAYNE BLVD STE 600 MIAMI FL 3313# By serving: MILLENNIUM MANAGEMENT, INC., LLC Attorney: PHIL WARHOLIC, ESQ iiiiii iiiiiii iwi9iiiii iiiii G??)x.l.1C:l'2.l Court Of (D?nln? r? 90 q° s Plaintiff -i?- --- -" - G? %? '? ?. ( ?? ??. Venue Defendant Papers Served: NOTICE TO DEFEND, COMPLAINT, EXHIBITS Service Data: [Served Successfully [ ] Not Served Date/Time: -7 [ ] Delivered a copy to him/her personally [ ] Left a copy with a competent household member over 14 years of age residing th:Zn indicate name & relationship at right) [ a copy with a person authorized to accept service, e.g. managing agent, registeig 3, etc. (' dicate Dame & official ial title at right) ca, rew Ael e, al.-? 7 A IA- Docket Number: 12 986 AFFIDAVIT OF SERVICE (For Use by Private Service) Cost of Service pursuant to R. 4:4-3(c) Attempts: Date/Time: 3 -3, YS 1 ?- Date/Time: -27-2"7 )I: f A-- Date/Time: Name of Person Served and relationship/title: C, iok !1 h? 'of ??? ((JJ JJ Description of Person Accepting Service: SEX: r AGE: LIZ, HEIGHT: %5 // WEIGHT: I SKIN: W HAIR: OTHER: Unserved: [ ] Defendant is unknown at the address furnished by the attorney [ ] All reasonable inquiries suggest defendant moved to an undetermined address [ ] No such street in municipality [ J Defendant is evading service 4 j No response on: Date/Time: Date/Time: Date/Time: Other: Served Data: I Subscribed and Sworn to me this I, J b?°J arc( was at the time of service a competent adult, over i day of L 62-yAA ? , 20 /2- the age of 18 and not having a direct interest in the 101-1 litigation. I decl re under penalty of perjury that the Notary Signatu /f of is tr V nd correct. U L (A ri4±? - 7 /,P// J U 12S'120 /y Name of Notary L L DNER Signature of Process Server Date 4 MY COMMISSION # EE009340 ...,.?, EXPIRES July 18, 2014 c SV Of T PR HONOTAK" 2012 JUN 29 PM T 21 CAPOZZ.I & ASSOCIATES, P. IN THE COURT OF COMMON PLEAS OF A Pennsylvania Professional Corporation, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. MILLENNIUM MANAGEMENT, INC., LLC, ABRAHAM SHAULSON, Individually and as an officer of Millennium Management, Inc., LLC, and ELI S. STROHLI, Individually and as an officer of Millennium Management, Inc., LLC, Defendants Docket No.: 2012-00986 Civil Action - Law PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark the litigation in the above-captioned matter settled, discontinued and ended with prejudice -) I Date: Andrew- R I Esquire Afforney ID # 1 Capozzi & tssocia"Us, P.C. P. O. Box 5Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff AND NOW, this day of , 2012, the litigation in the above-captioned action against the Defendant is hereby marked SETTLED, DISCONTINUED and ENDED with prejudice. Prothonotary CAPOZZI & ASSOCIATES, P.C., A Pennsylvania Professional Corporation, Plaintiff V. MILLENNIUM MANAGEMENT, INC., LLC, ABRAHAM SHAULSON, Individually and as an officer of Millennium Management, Inc., LLC, and ELI S. STROHLI, Individually and as an officer of Millennium Management, Inc., LLC, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : Docket No.: 2012-00986 Civil Action - Law CERTIFICATE OF SERVICE I do hereby certify that I caused a copy of the foregoing Praecipe to Settle, Discontinue and End to be served by mailing the same on this date by regular first class United States mail, postage prepaid addressed as follows: Michael I. Bernstein, Esquire The Bernstein Law Firm 1688 Meridian Avenue, Suite 418 Miami Beach, FL 33139 Abraham Shaulson Date: Millennium Management 10800 Biscayne Boulevard, 6th Floor Miami, FL 33161 AAdrew-lt E ire Esquire Attorney ID # 744 Capozzi & A es, P.C. P. O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff