HomeMy WebLinkAbout13-1552 CAPOZZI ADLER, P.C. f /k/a IN THE COURT OF COMMON PLEAS OF
CAPOZZI & ASSOCIATES, P.C. a CUMBERLAND COUNTY, PENNSYLVANIA
Pennsylvania Professional Corporation,
Plaintiff'
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V. Docket No.: 13 - IS5 o�
NUTRITION MANAGEMENT SERVICES
COMPANY,
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Defendant Civil Action — Law
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CAPOZZI ADLER, P.C. f /k/a IN THE COURT OF COMMON PLEAS OF
CAPOZZI & ASSOCIATES, P.C. a CUMBERLAND COUNTY, PENNSYLVANIA
Pennsylvania Professional Corporation,
Plaintiff
V. Docket No.:
NUTRITION MANAGEMENT SERVICES
COMPANY, :
Defendant Civil Action — Law
COMPLAINT
NOW COMES, Plaintiff, Capozzi Adler, P.C. f /k/a Capozzi & Associates, P.C., by and
through its attorneys, to seek a money judgment against Defendant and legal relief necessary to
obtain payment for legal services rendered and presented, but which remain unpaid. In support
of the relief requested herein, Capozzi Adler, P.C. hereby states:
1. Plaintiff, Capozzi Adler, P.C. ( "Capozzi ") is a Pennsylvania professional
corporation engaged in the practice of law, with its address at 1200 Camp Hill Bypass, Suite 205,
Camp Hill, Cumberland County, Pennsylvania 17011.
2. Defendant Nutrition Management Services Company ( "Defendant Nutrition
Management ") is a Pennsylvania corporation with a registered office address at 2071 Kimberton
Road, Kimberton, Chester County, Pennsylvania 19442.
3. Joseph V. Roberts is an adult individual, and is the Chief Executive Officer of
Nutrition Management Services Company.
4. 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.
2
The Legal Representation Agreement
5. In August 2011, Capozzi and Defendant started a professional relationship for
legal services through its agent, Joseph V. Roberts. A true and correct copy of a Letter of
Representation ( "Fee Agreement "), dated August 2, 2011, which evidences a long -term
professional relationship, is attached hereto and incorporated herein as Exhibit "A."
6. The terms of Capozzi's performance of legal services for Defendant were
disclosed at the outset of the engagement.
7. 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."
8. The Fee Agreement also provides that "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."
9. The Fee Agreement also provides, "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."
10. The section of the Fee Agreement entitled "Periodic Invoices" provides in part,
"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' /2% per month
for any invoices not paid within sixty (60) days of the date of the invoice."
1 l . The section of the Fee Agreement entitled "Periodic Invoices" further provides in
part, "should it be necessary for us to take legal action to collect any overdue invoices, you will
3
also be responsible for any and all costs of collection including, without limitation, reasonable
attorneys fees and expenses."
12. The section of the Fee Agreement entitled "Retainer" states "We will require a
retainer for the services to be provided under this engagement in the amount of $5,000.00."
13. The section of the Fee Agreement entitled "Disputed Billing" provides, "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."
14. Capozzi, at the special insistence and request of Defendant on numerous
occasions during the period of July 26, 2011 through November 2012, provided legal services to
the Defendant regarding numerous corporate, employment, labor, collections, and contract
issues at the rates pursuant to terms of the Fee Agreement, and on or about the dates set forth in
Capozzi's business records (the "Account Invoices" or "Client Ledgers ").
15. In September 2012, Capozzi contacted Defendant to demand payment on the
outstanding balance.
16. Defendant exchanged numerous email communications with employees of
Capozzi promising payment during September 2012 through January 2013. True and correct
copies of the email correspondence is attached hereto and incorporated herein as Exhibit "B."
17. At all times relevant hereto, Defendant agreed to pay Capozzi for all legal
services Capozzi would perform.
18. At all times relevant hereto, Capozzi performed legal services for Defendant
pursuant to Defendant's numerous requests.
4
19. At all times relevant hereto, the services rendered were done in a professional and
competent manner, with no complaints having been made by Defendant.
20. The Defendant acknowledged and consented to the legal services provided on its
behalf by Capozzi by promising payment in a series of numerous email communications from
September 2012 through January 2013.
21. Defendant acknowledged and implied consent to the legal services provided by
Capozzi by remitting small partial payments to Capozzi.
22. The rates, charges and other billing procedures performed under the Fee
Agreement were, at all times, in accordance with the Fee Agreement as referenced in "Exhibit
A."
23. On September 7, 2012, Capozzi resigned as counsel for Defendant for non-
payment of legal fees.
24. On November 21, 2012, Capozzi withdrew as counsel for Defendant in the
litigation against Pocono Produce for non - payment and after Capozzi learned of litigation
commenced by other law firms against Defendant for non - payment.
25. Defendant never disputed the charges orally or in writing while Capozzi
represented Defendant in its various legal matters.
26. The total amount due and owing to Capozzi from Defendant is $43,835.59, plus
interest at the contract rate of 1.5 % per month and costs of collection.
COUNT I — BREACH OF CONTRACT
27. Plaintiff repeats and alleges the prior allegations of this Complaint as if fully set
forth at length.
28. Defendant had a duty under the terms of the Fee Agreement and written
5
agreements to remit payment pursuant to each of the monthly invoices.
29. Each of the subject legal matters performed on Defendant's behalf was billed on
an hourly basis. None of the legal matters were billed on a contingent fee basis.
30. The rates and prices charged as set forth in the Account Invoices and the Fee
Agreement are the fair and reasonable charges for the legal services rendered, are the customary
charges of Capozzi in similar cases, and are the charges that Defendant agreed to pay for the
legal services.
The Legal Services Performed Under the Leeal Representation Agreement
31. Capozzi provided to Defendant monthly Invoices for the legal services provided
and fees and costs associated with the "Acquisition of Texas Assets" (Matter # 162 -12) in the
total principal amount of $520.00. True and correct copies of the Invoices and Client Ledgers
for the Acquisition of Texas Assets are attached hereto and incorporated herein as Exhibit "C."
32. Capozzi provided to Defendant a monthly Invoice for the legal services provided
and fees and costs associated with its "Dispute with Healthcare Recruiters of Cincinnati, Inc"
(Matter # 1074 -11) in the total principal amount of $63.00. A true and correct copy of the
Invoice and Client Ledger for the Dispute with HRC is attached hereto and incorporated herein
as Exhibit "D."
33. Capozzi provided to Defendant a monthly Invoice for the legal services provided
and fees and costs associated with the "Review of Defendant's Management Agreement"
(Matter # 946 -11) in the total principal amount of $45.00. A true and correct copy of the
Invoice and Client Ledger for the Review of Management Agreement is attached hereto and
incorporated herein as Exhibit "E."
6
34. Capozzi provided to Defendant monthly Invoices for the legal services provided
and fees and costs associated with its repayment to the "Union 32BJ North Pension Benefit
Funds" (Matter # 269 -12) in the total principal amount of $673.00. True and correct copies of
the Invoices and Client Ledgers for the Dispute with 32BJ North Benefits Fund are attached
hereto and incorporated herein as Exhibit "F."
35. Capozzi provided to Defendant monthly Invoices for the legal services provided
and fees and costs associated with the "Liquor License Renewal Sale" (Matter # 183 -12) in the
total principal amount of $2,225.00. True and correct copies of the Invoices and Client Ledgers
for the Liquor License Renewal Sale are attached hereto and incorporated herein as Exhibit "G."
36. Capozzi provided to Defendant monthly Invoices for the legal services provided
and fees and costs associated with its "Litigation against New Courtland" (Matter # 1045 -11) in
the total principal amount of $8,269.72. True and correct copies of the Invoices and Client
Ledgers for the Dispute with New Courtland are attached hereto and incorporated herein as
Exhibit "H."
37. Capozzi provided to Defendant monthly Invoices for the legal services provided
and fees and costs associated with its "Litigation against Pocono Produce" (Matter # 1153 -11)
in the total principal amount of $18,254.27. True and correct copies of the Invoices and Client
Ledgers for the Dispute with Pocono Produce are attached hereto and incorporated herein as
Exhibit "L"
38. Capozzi provided to Defendant monthly Invoices for the legal services provided
and fees and costs incurred in numerous "miscellaneous legal matters" for Defendant (Matter #
989 -11) in the total principal amount of $13,785.60. True and correct copies of the Invoices and
Client Ledgers for the miscellaneous matters are attached hereto and incorporated herein as
7
Exhibit "J."
39. As a result of Defendant's failure to remit payment in full each month, the
principal balance due to Capozzi for unpaid Account Invoices consistently increased each
month in 2012 as follows:
January 2012: $6,873.46 July 2012: $42,701.82
February 2012: $13,612.23 August 2012: $44,618.00
March 2012: $20,261.73 September 2012: $45,516.00
April 2012: $26,555.35 October 2012: $46,656.68
May 2012: $33,337.31 November 2012: $47,117.03
June 2012: $39,860.70
A true and correct copy of a Reminder Notice is attached hereto and incorporated herein as
Exhibit "K."
40. The total amount of unpaid Account Invoices for the matters and during the
periods referenced above is $43,835.59, plus interest and costs of collection.
Breach of the Fee Agreement
41. Capozzi performed all requested legal services for Defendant under the terms of
the Fee Agreement.
42. All of the legal services included in the Account Invoices were billed at the hourly
rates agreed to as described in the Fee Agreement.
43. Capozzi presented its claims for payments on a monthly basis to Defendant
pursuant to the terms of the Fee Agreement.
44. On numerous occasions Capozzi contacted Defendant for payment of the unpaid
8
Account Invoices.
45. Defendant assured Capozzi on numerous occasions in writing that Capozzi would
be paid for the legal services rendered to Defendant.
46. Defendant did not dispute any of the monthly Account Invoices until after
Capozzi demanded payment of the delinquent invoices.
47. Defendant also defaulted on its obligation under the Fee Agreement by failing to
pay to Capozzi the required retainer of $5,000.00.
48. Defendant further defaulted on its obligation under the Fee Agreement by failing
to make payment when due.
49. To date, Defendant has failed and refused to pay Capozzi all billed amounts at its
usual rates as provided under the Fee Agreement.
50. Defendant's failure to cure its default with Capozzi constitutes a breach of the Fee
Agreement.
WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of
$43,835.59, plus interest at the rate of 1 ' / s% per month on all delinquent amounts, plus court
costs, and attorney's fees, which sum does not exceed the jurisdictional limit for compulsory
arbitration.
COUNT II — QUANTUM MERUIT (UNJUST ENRICHMENT)
If this Honorable Court should find that an express contract did not exist between
Capozzi Adler P.C. and Defendant, then in that event, Capozzi Adler P.C. pleads the following
alternative cause of action in quantum meruit against the Defendant:
51. Plaintiff repeats and alleges the prior allegations of this Complaint as if fully set
forth at length.
9
52. Defendant requested that Capozzi provide legal services and Capozzi having
provided legal services to the benefit of Defendant, Defendant became liable to Capozzi for the
fair and reasonable charges for the legal services provided.
53. Defendant has been unjustly enriched by accepting the legal services of Capozzi
without terminating the attorney - client relationship.
54. The rates and charges reflected in the Account Invoices are the fair and
reasonable charges for Capozzi's legal services.
55. The total value by which Defendant has been enriched as the result of legal
services provided is $43,835.59.
56. Capozzi demanded payment from Defendant, but Defendant refuses to remit
payment.
57. To date, Defendant has not paid the total amount due.
WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of
$43,835.59, plus interest at the legal rate of 6% per annum, which sum does not exceed the
jurisdictional limit for compulsory arbitration.
Respectfully submitted,
CAPOZZI, DLER, P.C.
Date: �o By:
Marc . Crum, Esquire
Atto ey I.D. No. 91273
P. O. Box 5866
H isburg, PA 17110
(7 7) 233 -4101
Attorney for Plaintiff
10
CAPOZZI ADLER, P.C. f /k/a IN THE COURT OF COMMON PLEAS OF
CAPOZZI & ASSOCIATES, P.C. a CUMBERLAND COUNTY, PENNSYLVANIA
Pennsylvania Professional Corporation,
Plaintiff
V. Docket No.:
NUTRITION MANAGEMENT SERVICES
COMPANY,
Defendant Civil Action - Law
VERIFICATION
I, Daniel K. Natirboff, Partner at Capozzi Adler, P.C., 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.
Date:
Daniel K. Natirboff, Esquire
Attorney I.D. No.: 78594
Capozzi Adler, P.C.
P. O. Box 5866
Harrisburg, PA 17110
(717) 233 -4101
11
Louis J. Capozzi, Jr., Esquire* IOW 2933 North Front Street
Daniel K. Natirboff, Esquire QQ�� Harrisburg, PA 17110
Donald R. Reavey, Esquire Ca O Cx SSOC1. 14eS - .. .14;�- Telephone: (717) 233 -4101
Craig 1. Adler, Esquire ** turn """ Facsimile: (717) 233 -4103
Andrew R. Eisemann. Esquire www.capozziassociates.com
Bruce G. Baron, Esquire
Michael M. Jerominski, Esquire Mid -Penn Abstract Company
Dawn L. Richards, Esquire &,7k M Charter Settlement Com an Philip C. Warholic. Esquir Company
Timothy Ziegler, Reimb. Analyst t Telephone: (717) 234-3289
Facsimile: (717) 234 -1670
Karen L. Fisher, Paralegal
Keyoung J. Gill, Paralegal
Gwenn M. Keene, Paralegal
* (Licensed in PA, NJ and MD)
** (Licensed in PA and NJ)
August 2, 2011
Joseph V. Roberts
Chief Executive Officer
Nutrition Management Services Company
2071 Kimberton Road, Box 725
Kimberton, PA 19442
Re: Letter of Representation
Our Matter Number: 706 -03
Dear Mr. Roberts:
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 Nutrition Management Services
Company are in connection with corporate matters, including employment, labor, collections, and contract
issues.
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 attorneys) 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.
Andrew R. Eisemann, Esquire will be performing the role of client coordinator for you.
Basis for Determinine 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
EXHIBIT
schedule of current hourly rates in effect for our attorneys and professional staff members are enclosed with
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.
Billing 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 '' /z% 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.
ection w
.jocollection dgment, sett t er dispositio a case on
the d en o ep our escr ,
orders or othe ment w a ulbuulb s,
including ey's fees in ac cific d that
the or - — even t accoun e
ds were collecte .
Retainer. We will require a retainer for the services to be provided under this engagement
in the amount of $5000.00. 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.
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.
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.
Sinl
LJr., Esquire
Mf
Enclosure
Accepted and Agreed to:
cc: An ew R. Eisemaaq.
V
By; oseph V. Roberts
Chief Executive Officer
Nutrition Management Services Company
Date: ✓ 1��' /� Z
CAPOZZI & ASSOCIATES, P. C.
Current Hourly Rates for Attorney and Professional Staff Members
Louis J. Capozzi, Jr. Esquire $250
Daniel K. Natirboff, Esquire $250
Donald R. Reavey, Esquire $250
Craig I. Adler, Esquire $250
Bruce G. Baron, Esquire $250
Andrew R. Eisemann, Esquire $200
Andrew R. Eisemann, Esquire $175 Collection Matters
Michael M. Jerominski, Esquire $150
Dawn L. Richards, Esquire $195
Philip C. Warholic $175
Matthew A. Thomsen $175
Timothy T. Ziegler. Reimbursement Analyst $220
Erin-Motter, Analyst $150
Law Clerks $90
Paralegals $90
Christina A. Mahady
From: Andrew Eisemann
Sent: Monday, September 10, 2012 7:31 PM
To: 'fberardelli @nmsc.com'
Cc: Christina A. Mahady
Subject: Re: Payment Plan
This will work. Thanks Frank.
From my AT &T Blackberry
Andrew R. Eisemann
Capozzi & Associates, P.C.
1200 Camp Hill Bypass
Camp Hill, PA 17011
Mailing Address: P.O. Box 5866
Harrisburg, PA 17110
(717) 233 -4101
andrewe @capozziassociates.com
www.capozziassociates.com
- - - -- Original Message - - - --
From: Frank Berardelli [ mailto:fberardelli @ nmsc.com
Sent: Monday, September 10, 2012 03:04 PM
To: Andrew Eisemann
Subject: Re: Payment Plan
What I think we can do is send $2,500 weekly. Can that be acceptable?
- - - -- Original message---- -
From: Andrew Eisemann andrewe @CapozziAssociates.com
Date: Mon, 10 Sep 2012 06:59:31 -0400
To: "'fberardelli @nmsc.com "' fberardelli @nmsc.com
Subject: Re: Payment Plan
> Chris Mahady is our Office Manager. What is the Plan?
> From my AT &T Blackberry
> Andrew R. Eisemann
> Capozzi & Associates, P.C.
> 1200 Camp Hill Bypass
> Camp Hill, PA 17011
> Mailing Address: P.O. Box 5866
> Harrisburg, PA 17110
> (717) 233 -4101
> andrewe @capozziassociates.com
> www.capozziassociates.com
> - - - -- Original Message - - - --
> From: Frank Berardelli [ mailto:fberardelli @nmsc.com
> Sent: Sunday, September 09, 2012 08:48 PM
EXHIBIT
i
> To: Andrew Eisemann
> Subject: Payment Plan
> Can you send me your contact person's name so I can call and set up the payment plan as per Kate Hill? Thanks.
> Thank you;
> Frank B
> Accts Payable
Thank you;
Frank B
Accts Payable
2
Christina A. Mahady
From: Frank Berardelli < fberardelli @nmsc.com>
Sent: Sunday, October 14, 2012 9:29 AM
To: Christina A. Mahady
Subject: Re: Nutrition Management Past Due Invoices
We have a check for $1,000 going out Monday. I am hopeful we can keep doing that with consistancy now.
Original message---- -
From: "Christina A. Mahady" christinam @CapozziAssociates.com
Date: Wed, 10 Oct 2012 10:17:17 -0400
To: " fberardelli @nmsc.com fberardelli @nmsc.com
Subject: Nutrition Management Past Due Invoices
> Frank:
> I sent you an email on October 1st indicating that your account is seriously past due in the amount of $38,262. We
have not received any payments in some time even though you agreed to make weekly or monthly payments. I also
indicated that the Partners have directed Andy Eisemann to cease work on your matters immediately.
> Please contact me to make a partial payment using a credit card (Discover, VISA or Mastercard) and discuss how you
will make regular payments on a weekly, bi- weekly or monthly basis going forward.
> Thank you.
> Christina A. Mahady,
> Office Manager
> Capozzi & Associates, P.C.
> P. O. Box 5866
> Harrisburg, PA 17110
> (717) 233 -4101
> christinam @capozziassociates.com<mailto: christinam @capozziassociates.com
Thank you;
Frank B
Accts Payable
Christina A. Mahady
From: Frank Berardelli <fberardelli @nmsc.com>
Sent: Monday, October 15, 2012 6:46 PM
To: Christina A. Mahady
Subject: RE: Nutrition Management Past Due Invoices
Weekly. No credit card avaialbe here.
- - - -- Original message---- -
From: "Christina A. Mahady" christinam @CapozziAssociates.com
Date: Mon, 15 Oct 2012 10:22:33 -0400
To: Frank Berardelli fberardelli @nmsc.com
Subject: RE: Nutrition Management Past Due Invoices
> When you say you will keep doing with consistency, do you mean weekly? monthly? We really need to receive
payments of larger amounts - since the outstanding amount is over $38,000. Do you have a credit card that can be used
to process payments?
• - - - -- Original Message - - - --
• From: Frank Berardelli [mailto:fberardelli @nmsc.com
• Sent: Sunday, October 14, 2012 9:29 AM
• To: Christina A. Mahady
• Subject: Re: Nutrition Management Past Due Invoices
> We have a check for $1,000 going out Monday. I am hopeful we can keep doing that with consistancy now.
> Original message---- -
> From: "Christina A. Mahady" christinam @CapozziAssociates.com
> Date: Wed, 10 Oct 2012 10:17:17 -0400
> To: " fberardelli @nmsc.com fberardelli @nmsc.com
> Subject: Nutrition Management Past Due Invoices
> > Frank:
> > I sent you an email on October 1st indicating that your account is seriously past due in the amount of $38,262. We
have not received any payments in some time even though you agreed to make weekly or monthly payments. I also
indicated that the Partners have directed Andy Eisemann to cease work on your matters immediately.
> > Please contact me to make a partial payment using a credit card (Discover, VISA or Mastercard) and discuss how you
will make regular payments on a weekly, bi- weekly or monthly basis going forward.
> > Thank you.
> > Christina A. Mahady,
> > Office Manager
> > Capozzi & Associates, P.C.
> > P. 0. Box 5866
> > Harrisburg, PA 17110
> > (717) 233 -4101
> > christinam @capozziassociates.com <mailto: christinam @capozziassociates.com
1
> Thank you;
> Frank B
> Accts Payable
Thank you;
Frank B
Accts Payable
z
r
Christina A. Mahady
From: Christina A. Mahady
Sent: Monday, November 26, 2012 3:01 PM
To: fberardelli @nmsc.com
Cc: Andrew Eisemann; Katehill @nmsc.com
Subject: Nutrition Management - Magna Legal Services Past Due Invoice
Attachments: Magna Invoice.pdf
Importance: High
Mr. Beradelli:
I am in receipt of your check for $500 (Check No. 7181) and thank you. It was my understanding that you would be
sending $1000 on a weekly basis. Is this correct? If so, please confirm that we will receive future payments of $1000
from you on a weekly basis.
Additionally, I have attached an invoice from Magna Legal Services for Kate Hill's deposition transcript. Our office has
already paid Magna $200 and they had agreed to accept $423.35 as full payment if the invoice was paid to avoid the
collection process. Would you please pay Magna Legal Services directly so we can put this matter behind us?
Thank you.
Christina A. Mahady,
Office Manager
Capozzi & Associates, P.C.
P. O. Box 5866
Harrisburg, PA 17110
(717) 233 -4101
christinam @capozziassociates.com
i
Christina A. Mahady
From: Frank Berardelli < fberardelli @nmsc.com>
Sent: Friday, December 07, 2012 1:58 PM
'To: Andrew Eisemann
Cc: Christina A. Mahady
Subject: RE: Nutrition Management Statement of Account
Hi Andy, something I think we can do in about 5 payments with a larger amount up front, then 4 smaller ones.
- - - -- Original message---- -
From: Andrew Eisemann andrewe @CapozziAssociates.com
Date: Fri, 07 Dec 2012 14:50:37 -0500
To: " fberardelli @nmsc.com fberardelli @nmsc.com
Subject: RE: Nutrition Management Statement of Account
> Frank, I received your VM. I just returned from a trip yesterday. What are you proposing?
> I am gathering materials for your local attorney.
> Andrew R. Eisemann
> CAPOZZI & ASSOCIATES, P.C.
> 1200 Camp Hill Bypass
> Camp Hill, PA 17011
> Mailing address: P.O. Box 5866
> Harrisburg, PA 17110
> (717) 233 -4101
> (717) 233 -4103 fax
> www.capozziassociates.com
> U.S. Army (Ret.)
> Lieutenant Colonel
> From: Christina A. Mahady
> Sent: Friday, December 07, 2012 1:49 PM
> To: fberardelli @nmsc.com
> Cc: Andrew Eisemann
> Subject: Nutrition Management Statement of Account
> Importance: High
> Frank,
> Per our phone conversation yesterday, I am attaching the summary of all outstanding invoices for Nutrition
Management (through our November 14, 2012 billing date). After you review this information, you will need to discuss
possible payment arrangements with Andy Eisemann. As I indicated, and you seemed receptive to doing, was to put a
substantial sum on a credit card initially in an act of good faith, then making several payments over the next several
months. This needs to be worked out with Andy, though.
> Also, you wanted me to remind you to address payment of the Magna Legal Services bill I emailed to you the other
day. We suggest you send payment directly to them. You will, however, owe us the $200 that we paid to Magna Legal
Services in advance in order to avoid collection.
> Thank you.
i
> Christina A. Mahady,
> Office Manager
> Capozzi & Associates, P.C.
> P. 0. Box 5866
> Harrisburg, PA 17110
> (717) 233 -4101
> christinam@ capozziassociates .com<mailto:christinam @capozziassociates.com
Thank you;
Frank B
Accts Payable
2
Christina A. Mahady
From: Frank Berardelli < fberardelli @nmsc.com>
Sent: Monday, December 10, 2012 3:46 PM
To: Andrew Eisemann
Cc: Christina A. Mahady
Subject: RE: Nutrition Management Statement of Account
Andy I am waiting for Joe & Kate to confirm the balance. They are at a client meeting. My guess is I can have it all done
and in writing to you by Friday. I do not believe they can be as aggressive as you are asking for. I think more like $8,000
down and then 5 - 6 payments is realistic and something that can be met.
They would like to send someone to your office tomorrow to pick up the documents from all the cases so they can give
them to the new attorneys. Can you let me know a good time to do that?
- - - -- Original message---- -
From: Andrew Eisemann andrewe @CapozziAssociates.com
Date: Fri, 07 Dec 2012 15:16:57 -0500
To: Frank Berardelli fberardelli @nmsc.com
Subject: RE: Nutrition Management Statement of Account
> You can make the 1st payment by credit card if necessary. 1st payment must be at least $15k.
> Break up the remaining balance in 4 payments.
> Andrew R. Eisemann
> CAPOZZI & ASSOCIATES, P.C.
> 1200 Camp Hill Bypass
> Camp Hill, PA 17011
> Mailing address: P.O. Box 5866
> Harrisburg, PA 17110
> (717) 233 -4101
> (717) 233 -4103 fax
> www.capozziassociates.com
> U.S. Army (Ret.)
> Lieutenant Colonel
• - - - -- Original Message - - - --
• From: Frank Berardelli [ mailto:fberardelli @ nmsc.com
• Sent: Friday, December 07, 2012 1:58 PM
• To: Andrew Eisemann
• Cc: Christina A. Mahady
• Subject: RE: Nutrition Management Statement of Account
> Hi Andy, something I think we can do in about 5 payments with a larger amount up front, then 4 smaller ones.
> - - - -- Original message---- -
> From: Andrew Eisemann andrewe @CapozziAssociates.com
> Date: Fri, 07 Dec 2012 14:50:37 -0500
1
a
> To: " fberardelli @nmsc.com fberardelli @nmsc.com
> Subject: RE: Nutrition Management Statement of Account
> > Frank, I received your VM. I just returned from a trip yesterday. What are you proposing?
> > I am gathering materials for your local attorney.
> > Andrew R. Eisemann
> > CAPOZZI & ASSOCIATES, P.C.
> > 1200 Camp Hill Bypass
> > Camp Hill, PA 17011
> > Mailing address: P.O. Box 5866
> > Harrisburg, PA 17110
> > (717) 233 -4101
> > (717) 233 -4103 fax
> > www.capozziassociates.com
> > U.S. Army (Ret.)
> > Lieutenant Colonel
> > From: Christina A. Mahady
> > Sent: Friday, December 07, 2012 1:49 PM
> > To: fberardelli @nmsc.com
> > Cc: Andrew Eisemann
> > Subject: Nutrition Management Statement of Account
> > Importance: High
> > Frank,
> > Per our phone conversation yesterday, I am attaching the summary of all outstanding invoices for Nutrition
Management (through our November 14, 2012 billing date). After you review this information, you will need to discuss
possible payment arrangements with Andy Eisemann. As I indicated, and you seemed receptive to doing, was to put a
substantial sum on a credit card initially in an act of good faith, then making several payments over the next several
months. This needs to be worked out with Andy, though.
> > Also, you wanted me to remind you to address payment of the Magna Legal Services bill I emailed to you the other
day. We suggest you send payment directly to them. You will, however, owe us the $200 that we paid to Magna Legal
Services in advance in order to avoid collection.
> > Thank you.
> > Christina A. Mahady,
> > Office Manager
> > Capozzi & Associates, P.C.
> > P. 0. Box 5866
> > Harrisburg, PA 17110
> > (717) 233 -4101
> > christinam @capozziassociates.com <mailto :christinam @capozziassociates com
a>
> Thank you;
2
> Frank B
> Accts Payable
Thank you;
Frank B
Accts Payable
3
Christina A. Mahady
From: Christina A. Mahady
Sent: Monday, January 07, 2013 1:59 PM
To: fberardelli @nmsc.com
Cc: Andrew Eisemann
Subject: Nutrition Management Past Due Invoices
Importance: High
Frank:
Today, I received a check from Nutrition Management (Check No. 7392) in the amount of $500 and I thank you. We still
need to do a credit card payment of $12,000 and continue to receive $500 a week from you. Please call me to provide
the credit card information for the transaction or return the authorization form sent to you.
Also, did you make the payment of $523 to Magna Legal Services yet? I look forward to hearing from you.
Thank you.
Christina A. Mahady,
Office Manager
Capozzi Adler, P.C.
P. O. Box 5866
Harrisburg, PA 17110
(717) 233 -4101
christinam@capozziadler.com
www.capozziadier.com
Capoz# d 866. P C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO February 17, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442
File #: 162 -12
Inv #: 63163
RE: Acquisition of Texas Assets
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Jan-31 -12 Draft Letter of Intent for Dine Right 0.80 140.00 PVF
Review letter of Intent, telephone call with 1.00 275.00 CIA
Roberts; e-mail with Lentz
Totals 1.80 $415.00
Total Fees & Disbursements $415.00
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
EXHIBIT
Capoz#Bo P.C.
Harrisburg, PA 17110
Ph:(717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO March 13, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 162 -12
Inv #: 63518
RE: Acquisition of Texas Assets
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Feb -01 -12 Revisions to draft of Letter of Intent 0.60 105.00 PVF
Totals 0.60 $105.00
Total Fees & Disbursements $105.00
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 Adler, P.C. Page: i
Client Ledger
ALL DATES
'Date Received From /Paid To Chq# - - - -- General - - - - - Bld I----- - - - - -- Trust Activity ------ - - - - -I
Entry # _ Explanation - _ _ Re_c_# _ Rcpts Disbs Fees Inv# Acc Rcpts Disbs Balance
3146 Nutrition Management Services Company
162 -12 Acquisition of Texas Assets Resp Lawyer: XXX
Jar: /3'_/2012 Lawyer: CIA 1.00 Hrs X 275,00
645149 Review letter of Intent, 275.00 63163
telephone call with Roberts;
e -mail with Lentz
Jan /31/2012 Lawyer: PVF 0.80 Hrs X 175.00
646888 Draft Letter of Intent for Dine 140.00 63163
Right
Feb/ 112012 Lawyer: PVF 0.60 Hrs X 175.00
650149 Revisions to draft of Letter of 105.00 63518
Intent
Feb /17/2012 Billing on Invoice 63163
647435 FEES 415.00 0.00 63163
Mar /13/2012 Billing on Invoice 63518
652047 FEES 105.00 0.00 63518
- -- - - - -- ---- UNBILLED BILLED - -- _ -- -- BALANCES - - - --
TOTALS CHE + RECOV + FEES = TOTAL DISBS + FEES + TAX - RECEIPTS = AR 'RUST
PERIOD 0.00 C.00 0.00 0.00 0.00 520.00 0.00 0.00 .00 00
END DATE 0.00 0.00 0.00 0.00 0.00 520.00 0.00 0.00 5_5.01 0.00
- -- UNBILLED BILL ED - Y -- y - .- . _. C BALANCES
-- - - -- LL � - - - --
FIRM TOTAL CHE + RECOV + FEES = TOTAL DISBS + FEES TAX RECEIPTS - y/R TRUST
PERIOD 0.00 0.00 0.00 0.00 0.00 520.00 0.00 0.0G _`.GO ��.0"
END DATE 0.00 0.00 0.00 0.00 0.00 520.00 0.00 0.00 ?.0;) 0 nD
REPORT SELECTIONS - Client Ledger
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Requested by ADMIN
Finished Monday, February 25, 2013 at 03:07:04 PM
Ver 10.0 SP5 HF3 (10.05.20101203)
Matters 162 -12
Clients All
Major Clients All
Client Intro Lawyer All
Matter Intro Lawyer All
Responsible Lawyer All
Assigned Lawyer All
Type of Law All
Select From Active, Inactive, Archived Matters
Matters Sort by Default
New Page for Each Lawyer No
New Page for Each Matter N
Nc Activity Date Dec/31/2199
Firm Totals Only No
Totals Only No
Entries Shown - Billed Only No
Entries Shown - Disbursements Yes
Entries Shown - Receipts Yes
Ent:-ies Shown - Time or Fees Yes
Entr=ies Shown - Trust Yes
Inc_ Matters with Retainer Bal No
In:_. Matters with Neg Unbld Disb No
Trust Account All
Working Lawyer All
Inc =.ude Corrected Entries No
Show Check. # on Paid Payables No
Show Client Address No
Consolidate Payments No
Show Trust Summary by Account No
Show Interest No
Interest Up To Feb /25/2013
Show Invoices that Payments Were Applied to No
Display Entries in Date Order
Capoz# A dler R C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO August 17, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442
File #: 1074 -11
Inv #: 66171
RE: CLOSED. Dispute with HRC
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Jul -02 -12 Communicate with Frank Beradelli re payment 0.30 63.00 ARE
and Settlement Agreement; dictate letter to
Plaintiffs Attorney to file Court documents to
remove litigation
Totals 0.30 $63.00
Total Fees & Disbursements $63.00
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
EXHIBIT
Feb /25/2013 Capozzi Adler, P.C. r ^age:
Client Ledger
ALL DATES
Date Received From/Paid To Chq# I-- --- General - - - - -I Bld I----------- Trust Activity ------ - - - - -I
, Entry # Explanation _ Roo# Repts Diaba Fees Inv# Acc Rcpts Diaba Balance
3146 Nutrition Management Services Company
1074 -11 CLOSED. Dispute with BRC Reap Lawyer: XXX
Oct /19/2011 Lawyer: PCW 0.70 Hrs X 175.00
628054 Review of Complaint and review 122.50 61532
of Chester County online
docket for status
Oct /20/2011 Lawyer: PCW 0.50 Hrs X 175.00
629973 Letter to Attorney Outtrim 87.50 61532
requesting copies of pleadings
not ,provided to client; a -mails
to and from Andrew Eisemann re
status of matter
Oct /21/2011 Lawyer: PCW 1.00 Hrs X 175.00
629570 Review of Answer with New 175.00 61532
Matter and Reply to New
Matter; e -mails to and from
client re position in case
Oct/29/2011 Lawyer: PCW 0.30 Hrs X 175.00
628928 Telephone conference with 52.50 61532
client re possible resolution
of matter
Nov/ 7/2011 Lawyer: PCW 0.20 Hrs X 175.00
631151 E -mails to and from client re 35.00 62049
status of possible Settlement
with HRC
Nov /17/2011 Billing on Invoice 61532
631899 FEES 437.50 0.00 61532
Nov /25/2011 Lawyer: PCW 0.20 Hrs X 175.00
635427 E -mails to and from client re 35.00 62049
status of Settlement and
Arbitration
Dec/ 2/2011 Lawyer: PCW 0.20 Hrs X 175.00
637476 Communicate with Frank 35.00 62520
Berardelli re status of
Settlement
Dec/ 9/2011 Lawyer: PCW 0.20 Hrs X 175.00
639755 Review of letter from opposing 35.00 62520
Counsel and promissory note
Dec /12/2011 Billing on Invoice 62049
636977 FEES 70.00 0.00 62049
Jan /20/2012 Billing on Invoice 62520
641666 FEES 70.00 0.00 62520
Apr /23,/2012 Nutrition Management Services Co.
659959 PMT - Check No. 5754 Inv. 61532 48571 437.50
Apr/23/2012 Nutrition Management Services Co.
659963 PMT - Check No. 5754 Inv. 62049 48573 70.00
Apr /23/2012 Nutrition Management Services Co.
659965 PMT - Check No. 5754 Inv. 62520 48574 70.00
Jul/ 2/2012 Lawyer: ARE 0.30 Hrs X 210.00
680069 Communicate with Frank 63.00 66171
Beradelli re payment and
Settlement Agreement; dictate
letter to Plaintiff's Attorney
to file Court documents to
remove litigation
Aug /17/2012 Billing on Invoice 66171
681293 FEES 63.00 0.00 66171
UNBILLED BILLED I I - -- BALANCES - - --
TOTALS CHE + RECOV + FEES = TOTAL DISBS + FEES + TAX - RECEIPTS = A/R TRUST
PERIOD 0.00 0.00 0.00 0.00 0.00 640.50 0.00 577.50 63.00 0.00
END DATE 0.00 0.00 0.00 0.00 0.00 640.50 0.00 577.50 63.00 0.00
_ -- UNBILLED ! BILLED --- - - - - -- --- BALANCES - ---
FIRM TOTAL CHE + RECOV + FEES = TOTAL DISBS + FEES + TAX - RECEIPTS = A/R TRUST
PERIOD 0.00 0.00 0.00 0.00 0.00 640.50 0.00 577.50 63.00 0.00
END DATE 0.00 0.00 0.00 0.00 0.00 640.50 0.00 577.50 63.00 0.00
REPORT SELECTIONS - Client Ledger
Layout Template Default
Advanced Search Filter None
Requested by ADMIN
Finished Monday, February 25, 2013 at 03:07:36 PM
Ver 10.0 SP5 HF3 (10.05.20101203)
Matters 1074 -11
Clients All
Major Clients All
Client Intro Lawyer All
Matter Intro Lawyer All
Responsible Lawyer All
Assigned Lawyer All
Type of Law All
Select From Active, Inactive, Archived Matters
Matters Sort by Default
New Page for Each Lawyer No
New Page for Each Matter No
No Activity Date Dec/31/2199
Firm Totals Only No
Totals Only No
Entries Shown - Billed Only No
Feb/25/2013 Capozzi Adler, P.C. Page:
Client Ledger
ALL DATES
`Date Received From/Paid To Chq# - - - -- General - - - - - Bld ----- - - - - -- Trust Activity ------ - - - - -I
Entry # Rec# Repts Disbs Fees Inv# Acc Rcpts Diabs Balance
Entries Shown - Disbursements Yes
Entries Shown - Receipts Yes
Entries Shown - Time or Fees Yes
Entries Shown - Trust Yes
Incl.. Matters with Retainer Bal No
Incl.. Matters with Neg Unbld Disb No
Trust Account All
Working Lawyer All
Include Corrected Entries No
Show Check # on Paid Payables No
Show Client Address No
Consolidate Payments No
Show Trust Summary by Account No
Show Interest No
Interest Up To Feb /25/2013
Show Invoices that Payments Were Applied to No
Display Entries in Date Order
CapoZ�iB d 866 P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO December 12, 2011
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 946 -11
Inv #: 62051
RE: CLOSED. Review Management Agreement
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Nov -17 -11 Receipt, review and processing of discovery 0.50 45.00 KF
received from Office of Long Term Living
Totals 0.50 $45.00
Total Fees & Disbursements $45.00
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
EXHIBIT
Feb /25/2013 Capozzi Adler, P.C. page:
Client Ledger
ALL DATES
Date Received From/Paid To Chq# I- ---- General - - - - - Bld I ---- - -- - - -- Trust Activity ------ - - - - -I
Entry # Explanation Rec# Rcets Disba Fees Inv# Acc Rcpts Disbs Balance
3146 Nutrition Management Services Company
946 -11 CLOSED. Review Management Agreement Resp Lawyer: RRR
Jul /26 /2011 Lawyer: ARE 0.30 Hrs X 200.00
614002 Telephone call from Kate Hill 60.00 59821
re Management Agreement with
North Philadelphia
Jul /27/2011 Lawyer: ARE 1.00 Hrs X 200.00
614014 Review Management Agreements re 200.00 59821
food services and environmental .
services; conference call with
Joe Roberts and Kate Hill re
Agreements and various terms
Jul /28 /2011 Lawyer: ARE 2.50 Hrs X 200.00
613940 E -mails to and from Kate Hill 500.00 59821
re Agreements; analyze each
paragraph and term of the
Management Agreement; revise
and edit terms and
organization of Agreement and
Exhibits
Jul/29/2011 Lawyer: ARE 0.40 Hrs X 200.00
614052 Telephone call from Kate Hill 80.00 59821
re various a -mails to and from
Kate Hill re same; default and
payment terms of Management
Agreement and revisions
Aug/ 3/2011 Lawyer: ARE 1.20 Hrs X 200.00
615729 Telephone call from Kate Hill 240.00 60333
re changes to certain
paragraphs of the Agreement;
revise and edit Agreement re
past due Trade Liability
Balance; e -mails to and from
Kate Hill re same
Aug/ 4/2011 Lawyer: ARE 0.80 ; .Hrs X 200.00
620571 Receipt and review final draft 160.00 60333
of Management Agreement with
North Philadelphia; e- mils 'to
and from Kate Hill re same,
telephone call from Kate Hill
re same
Aug/ 5/2011 Lawyer: ARE 1.00 Hrs X 200.00
620572 E -mails to and from Linda 200.00 60333
Mazzeri re N. Philadelphia
Agreement; telephone call from
Linda Mazzeri re same; e -mails
to and from Attorney for N.
Philadelphia re same;
telephone call from Kate Hill
re liquidate damages; multiple
e -mails re additional revisions
Aug/ 8/2011 Lawyer: ARE 0.30 Hrs X 200.00
616477 Telephone call to Kate Hill re 60.00 60333
status if Agreement and
revisions re forgiven debt
Aug/ 9/2011 Lawyer: ARE 0.30 Hrs X 200.00
616484 Telephone call to Attorney for 60.00 60333
North Philadelphia Hospital
System re final terms of
Agreement
Aug /10/2011 Billing on Invoice 59821
615416 FEES 840.00 0.00 59821
Aug /11 /2011 Lawyer: ARE 2.30 Hrs X 200.00
61'1372 Telephone call to Kate Hill re 460.00 60333
revisions to Insurance and
liquidated damages; review
same; e -mails to and from
Attorney for N. Philadelphia
re changes to language and
amount; revise and edit
Agreement re liquidated
damages and payment terms
Aug /12/2011 Lawyer: ARE 1.20 Hrs X 200.00
620573 E -mails to and from Kate Hill 240.00 60333
and Joe Roberts final terms of
Agreement for Food Services;
e -mails to and from Attorney
for NPHS re liquidated
damages; revise and edit final
draft of Agreement
Aug /15/2011 Lawyer: ARE 2.00 Hrs X 200.00
617200 Telephone call from Attorney 400.00 60333
for NPHS re final terms of
Agreement and approval;
telephone call from Kate Hill
re payment terms; telephone
call from Attorney for NPHS re
confirmation of wire transfers;
e -mails to and from Kate Hill
and Attorney for NPHS re
confirmation cf execution and
Feb /25/20.' Capozzi Adler, P.t. Page: -
*. Client Ledqer
ALL DATES
Date Received From/Paid To Chq# I----- General - - - - -I Bld I ----------- Trust Activity ------ - - - - -I
Entry # _ Explanation__ Rec# R is Diabs Fees Inv# Acc Ropts Diabs Balance
payment; e -mails to and from
Kate Hill re Environmental
Services Agreement
Aug /16/2011 Lawyer: ARE 0.60 ;Hrs X 200.00
618202 Revise and edit Environmental 120.00 60333
Services Agreement between,
NMSC and NPHS
Aug;18 /2011 Lawyer: ARE 0.90 Hrs X 200.00
618491 E -mails to and from Attorney 180.00 60333
for NPHS re Environmental
Services Agreement; e -mails to
and from Kate Hill re same
Aug /19 /2011 Lawyer: ARE 1.00 Hrs X 200.00
618492 E -mails to and from Kate Hill 200.00 60333
re Execution of Feed Services
Agreement; final revisions to
Environmental Services
Agreement; a -mails to and form
Kate Hill and Attorney for NPHS
re same
Aug /22/2011 Lawyer: ARE 0.40 Hrs X 200.00
616728 E -mails to and from Attorney 80.00 60333
for NPHS re Environmental
Services Complaint; e -mails to
and from Kate Hill re same
Aug /23/2011 Lawyer: ARE 1.40 Hrs X 200.00
619384 Telephone call from Kate Hill 280.00 60333
re Environmental Services
Agreement; telephone call from
Attorney for NPHS re same;
revise and edit Agreement re
coverage; e-mail final
Agreement to Attorney for NPHS
for execution; e -mails to and
from Attorney for NPHS re
fully executed food services
Agreement
Aug /25/2011 Lawyer: LJC 0.40 Hrs X 250.00
619100 Review of /draft e -mails to 100.00 60333
Andrew Eisemann re Presby
Homes lawsuit
Aug /25 /2011 Lawyer: LJC 0.40 Hrs X 250.00
619 Review of /draft e -mails to 100.00 60333
Andrew Eisemann re collection
matters
Sep /12/2011 Nutrition Management Services Co.
619622 PMT - Check No. 4493 Inv 59821 44939 840.00
Sep /20/2011 Billing on Invoice 60333
621001 FEES 2880.00 0.00 60333
Oct /25/2011 Lawyer: KJG 0.50 Hrs X 90.00
628712 E -filed Writ of Summons 45.00 61534
Nov /17/2011 Billing on Invoice 61534
631901 FEES 45.00 0.00 61534
Nov /17/2011 Lawyer: KF 0.50 Hrs X 90.00
634814 Receipt, review and processing 45.00 62051
of discovery received from
Office of Long Term Living
Dec /12/2011 Billing on Invoice 62051
636979 FEES 45.00 0.00 62051
Jan /16/2012 Nutrition Management Services Co.
641890 PMT - Check No. 5227 Inv. 60333 46865 1100.00
Feb/27/2012 Nutrition Management Services Co.
648883 PMT - Check No. 5545 Inv. 60333 47643 1780.00
Apr/23/2012 Nutrition Management Services Co.
659961 PMT - Check No. 5754 Inv. 61534 46572 45.00
- -- UNBILLED BILLED - - - -- 1 -- - BALANCES -- --
TOTALS CHE + RECOV + FEES = TOTAL DISBS + FEES + TAX - RECEIPTS = A/R TRUST
PERIOD 0.00 0.00 0.00 0.00 0.00 3810.00 0.00 3765.00 45.00 0.00
END DATE 0.00 0.00 0.00 0.00 0.00 3810.00 0.00 3765.00 45.00 0.00
UNBILLED BILLED -- BALANCES -
FIRM TOTAL CHE + RECOV + FEES = TOTAL DISBS + FEES + TAX - RECEIPTS = A/R TRUST
PERIOD 0.00 0.00 0.00 0.00 0.00 3810.00 0.00 3765.00 45.00 0.00
END DATE 0.00 0.00 0.00 0.00 0.00 3810.00 0.00 3765.00 45.00 0.00
REPORT SELECTIONS - Client Ledger
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Feb;'25/201 Capozzi Adler, P.C. Page: 3
Client Ledger
ALL DATES
Date Received From/Paid To Chq# I - - --- General - - - - - Bld I----- --- - -- Trust Activity -- --- - - - - -
Entry # Explanation Rec# Rcpts Disbs Fees Inv# Acc Rcpts Disbs Balance
Select From Active, Inactive, A:chit7ed Matter. ^,
Matters Sort by Default
New Page for Each Lawyer No
New Page for Each Matter No
No Activity Date Dec/31/2199
Firm Totals Only No
Totals Only No
Entries Shown - Billed Only No
Entries Shown - Disbursements Yes
Entries Shown - Receipts Yes
Entries Shown - Time or Fees Yes
Entries Shown - Trust Yes
Inci. Matters with Retainer Bal No
Incl. Matters with Neg Unbld Dist, No
Trust Account All
Working Lawyer All
Include Corrected Entries No
Show Check # on Paid Payables No
Show Client Address No
Consolidate Payments No
Show Trust Summary by Account No
Show Interest No
Interest. Up To Feb /25/2013
Show Invoices that Payments Were Applied to No
Display Entries in Date Order
Cap giB d 866 PC
Harrisburg, PA 17110
Ph:(717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO May 18, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 269 -12
Inv #: 64619
RE: Dispute with 32BJ North Benefits Fund
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Apr -16 -12 Communicate with Attorney Lindeman re 0.30 63.00 ARE
Complaint, exhibits and Award
Apr -23 -12 Communicate with Attorney Lindeman re 0.50 92.50 ARE
account issues with North Benefits Fund;
receipt and review spreadsheet of payments
and charges; communicate with Kate Hill re
same
Totals 0.80 $155.50
Total Fees & Disbursements $155.50
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
i,■i.■iii.■
EX"18 r
Cap giAdler PC
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO June 13, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 269 -12
Inv #: 65183
RE: Dispute with 32BJ North Benefits Fund
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
May -02 -12 Communicate with Attorney for North Fund re 0.20 42.00 ARE
payments, plan, and cash flow issues
May -04 -12 Communicate with North Fund Attorney re 0.30 55.50 ARE
cash flow shortages in NY and interest rate
issue
May -25 -12 Telephone call from Attorney for North Fund 0.30 63.00 ARE
re terms of Settlement Agreement
May -31 -12 Telephone call from Attorney for North Fund 0.40 84.00 ARE
repayment arrangements and Settlement
Agreement; communicate with Kate Hill re
same
Totals 1.20 $244.50
Total Fees & Disbursements $244.50
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
Capoz6is A dler P.C.
Harrisburg, PA 17110
Ph:(717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO August 17, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 269 -12
Inv #: 66170
RE: Dispute with 32BJ North Benefits Fund
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Jul -06 -12 Telephone call from Attorney for North Fund 0.50 105.00 ARE
re terms of Settlement Agreement;
communicate with Kate Hill re same
Totals 0.50 $105.00
Total Fees & Disbursements $105.00
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
Capo,z# d 866 P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO September 18, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 269 -12
Inv #: 66638
RE: Dispute with 32BJ North Benefits Fund
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Aug -27 -12 Telephone call from Attorney for North Fund 0.30 63.00 ARE
re pension payments and future plans
Totals 0.30 $63.00
Total Fees & Disbursements $63.00
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
CapoZ#B d 866 P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 2334103 EIN #: 23- 2911821
Joseph V. Roberts, CEO October 24, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 269 -12
Inv #: 67179
RE: Dispute with 32BJ North Benefits Fund
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Sep -14 -12 Communicate with Frank Beardelli re terms of 0.20 42.00 ARE
payment agreement
Totals 0.20 $42.00
Total Fees & Disbursements $42.00
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
Capoz#
Box 866, PC
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO December 11, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 269 -12
Inv #: 68172
RE: Dispute with 32BJ North Benefits Fund
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Nov -06 -12 Communicate with Attorney for 32 BJ re 0.30 63.00 ARE
Waterford Group; communicate with Frank
Beradelli re same
Totals 0.30 $63.00
Total Fees & Disbursements $63.00
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
Feb/25/2013 Capozzi Adler, P.C. Page: ]
Client Ledger
ALL DATES
Date Received From/Paid To Chq# I - ---- General - - - - - Bld I----- - - - - -- Trust Activity ------ - - - - -I
Entry _# E Recto Rcpta . Disbs Fees Inv# Acc Rcpts Disbs Balance
3146 Nutrition Management Services Company
269 -12 Dispute with 32BJ North Benefits Fund Reap Lawyer: XXX
Apr /16/2012 Lawyer: ARE 0.30 Hrs X 210.00
660157 Communicate with Attorney 63.00 64619
Lindeman re Complaint,
e::hibits and Award
Apr/23/2012 Lawyer: ARE 0.50 Hrs X 185.00
661071 Communicate with Attorney 92.50 64619
Lindeman re account issues
with North Benefits Fund;'
receipt and review Spreadsheet
of payments and charges;
communicate with Kate Hill re
same
May/ 2/2012 Lawyer: ARE 0.20 Hrs X 210.00
662947 Communicate with Attorney for 42.00 65183
North Fund re payments, plan,
and cash flow issues
May/ 4/2012 Lawyer: ARE 0.30 Hrs X 185.00
663188 Communicate with North Fund. 55.50 65183
Attorney re cash flow
shortages in NY and interest
rate issue
May /18/2012 Billing on Invoice 64619
665147 FEES 155.50 0.00 64619
May /25/2012 Lawyer: ARE 0.30 Hrs X 210.00
668664 Telephone call from Attorney 63.00 65163
for North Fund re terms of
Settlement Agreement
May /31/2012 Lawyer: ARE 0.40 Hrs X 210.00
668501 Telephone call from Attorney 84.00 65183
for North Fund re payment
arrangements and Settlement
Agreement; communicate with
Kate Hill re same
Jun /13/2012 Billing on Invoice 65103
670318 FEES 244.50 0.00 65183
Jul/ 6/2012 Lawyer: ARE 0.50 Hrs X 210.00
676731 Telephone call from Attorney 105.00 66170
for North Fund re terms of
Settlement Agreement;
communicate with Kate Hill re
same
Aug/17/2012 Billing on Invoice 66170
681292 FEES 105.00 0.00 66170
Aug/27/2012 Lawyer: ARE 0.30 Hrs X 210.00
683748 Telephone call from Attorney 63.00 66638
for North Fund re pension
payments and future plans
Sep /14/2012 Lawyer: ARE 0.20 Hrs X 210.00
686927 Communicate with Frank 42.00 67179
Beardelli re terms of payment
agreement
Sep /18/2012 Billing on Invoice 66638
686054 FEES 63.00 0.00 66638
Oct/24/2012 Billing on Invoice 67179
691790 FEES 42.00 0.00 67179
Nov/ 6/2012 Lawyer: ARE 0.30 Hrs X 210.00
69 ?254 Communicate with Attorney for 63.00 68172
32 BJ re Waterford Group;
communicate with Frank
Beradelli re same
Dec /11/2012 Billing on Invoice 68172
702586 FEES 63.00 0.00 68172
UNBILLED - I I BILLED - --- - - - - -- BALANCES - - - --
TOTALS CHE + RECOV + FEES = TOTAL DISBS + FEES + TAX - RECEIPTS = A/R TRUST
PERIOD 0.00 0.00 0.00 0.00 0.00 673.00 0.00 0.00 6?3.00 0.00
END DATE 0.00 0.00 0.00 0.00 0.00 673.00 0.00 0.00 673.00 0.00
I - UNBILLED BILLED --- - -- BALANCES - - - -- -
FIRM TOTAL CHE + RECOV + FEES = TOTAL DISBS + FEES + TAX - RECEIPTS = A/R TRUST
PERIOD 0.00 0.00 0.00 0.00 0.00 673.00 0.00 0.00 613.00 0.00
END DATE 0.00 0.00 0.00 0.00 0.00 673.00 0.00 0.00 673.00 C.00
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Matter Intro Lawyer All
Responsible Lawyer All
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Feb /25/2015 Capozzi Adler, P.C. Page:
Client Ledger
ALL DATES
Date Received From/Paid To Chq# I -- -- General - - - - - Bld I -- - -- - - -- Trust Activity ------ - - - - -�
Entry #_ E xpl ana tion Rec# Rots — Diabs Fees Inv# Acc Repts Disbs Balance
Matters Sort by Default
New Page for Each Lawyer No
New Page for Each Matter No
No Activity Date Dec/31/2199
Firm Totals Only No
Totals Only No
Entries Shown - Billed Only No
Entries Shown - Disbursements Yes
Entries Shown - Receipts Yes
Entries Shown - Time or Fees Yes
Entries Shown - Trust Yes
Incl. Matters with Retainer Bal No
Incl. Matters with Neg Unbld Disb No
Trust Account All
Working Lawyer All
Include Corrected Entries No
Show Check # on Paid Payables No
Show Client Address No
Consolidate Payments No
Show Trust Summary by Account No
Show Interest No
Interest Up To Feb /25/2013
Show Invoices that Payments Were Applied to No
Display Entries in Date Order
Capoqa 8669 P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO March 13, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 183 -12
Inv #: 63519
RE: Liquor License Renewal Sale
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Feb -16 -12 Review and respond to a -mails regarding 0.50 137.50 DKN
possible renewal and next steps; review of
PLCB documentation and office conference
with Paul Van Fleet regarding next steps
Communicate with Craig Adler, Dan Natirboff, 1.70 297.50 PVF
Andrew Eisemann on liquor license; office
conference with Dan Natirboff on procedure;
legal research on liquor license; communicate
with Linda Mazzoni and Dan Natirboff; legal
research liquor licenses
Feb -20 -12 E -mail to Craig Adler and Dan Natirboff re 0.20 35.00 PVF
next move with liquor license renewal
Totals 2.40 $470.00
Total Fees & Disbursements $470.00
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
EXHIBIT
Cap giAdler P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO April 18, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 183 -12
Inv #: 64048
RE: Liquor License Renewal Sale
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Mar -05 -12 Telephone call to client correspondence re 0.70 192.50 CIA
liquor license
Mar -20 -12 Communicate with L. Mazzoni re renewal 1.00 175.00 PVF
information; Renewal process/communicate
with L. Mazzoni; call to LCB re license
safekeeping expiration/date
Totals 1.70 $367.50
Total Fees & Disbursements $367.50
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
CapoZ#s
I 66'9 P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO June 13, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442
File #: 183 -12
Inv #: 65372
RE: Liquor License Renewal Sale
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Apr -20 -12 File liquor license with LCB; Tax Return filing 2.50 437.50 PVF
- Sales; Tax Return filing; telephone call with
Linda Mazzoni; telephone call with Ceridian
Apr -23 -12 Telephone calls to Dept. of Revenue re tax 0.50 87.50 PVF
issues with Liquor License
Apr -24 -12 Telephone call to Dept. of Revenue to check 0.30 52.50 PVF
on line records for filing history
Totals 3.30 $577.50
DISBURSEMENTS Disbursements Receipts
Apr -18 -12 Liquor License Renewal 810.00
Totals $810.00 $0.00
Total Fees & Disbursements $1,387.50
..Due Pate: 39, Q#ys.Frgm Dote 91. Invoice Any claims or disputse,regarding this lnypJce or any items thereon
must be submitted in writing within 15 days of receipt.
Please put Invoice Number on your check, Thank You
Feb /:'5/2013 Capozzi Adler, P.C. Page: =
Client Ledger
• ALL DATES
Date Received From/Paid To Chq# I----- General - - - - -I Bld I-- --- -- - --- Trust Activity ------ - - - - -I
Entry #- Expl Roo# Rots Disbs Fees Inv# Acc Rcpts Disbs Balance
3146 Nutrition Management Services Company
183 -12 Liquor License Renewal Sale Resp Lawyer: XXX
Feb /16/2012 Lawyer: PVF 1.70 Hrs X 175.00
650457 Communicate with Craig Adler, 297.50 63519
Dan Natirboff, Andrew Eisemann
on liquor license; office
conference with Dan Natirboff
on procedure; legal research
on liquor license; communicate
with Linda Mazzoni and Dan
Natirboff; legal research
liquor licenses
Feb /16/2012 Lawyer: DKN 0.50 Hrs -X 275.00
650972 Review and respond to e-mails 137.50 63519
regarding possible renewal and
next steps; review of`PLCB
documentation and office
conference with Paul Van Fleet
regarding next steps
Feb /20/2012 Lawyer: PVF 0.20 Hrs X 175.00
648830 E -mail to Craig Adler and Dan 35.00 63519
Natirboff re next move with
liquor license renewal
Mar/ 5/2012 Lawyer: CIA 0.70, Hrs X 275.00
659541 Telephone call to client 192.50 64048
correspondence re liquor
license
Mar /13/2012 Billing on Invoice 63519
652048 FEES 470.00 0.00 63519
Mar /20/2012 Lawyer: PVF 1.00 Hrs X 175.00
656404 Communicate with L. Mazzoni re 175.00 64048
renewal information; Renewal
process /communicate -with L.
Mazzoni; call to LCB re
license safekeeping
expiration /date
Apr /18/2012 Commonwealth of Pennsylvania
658564 Liquor License Renewal 24452 810.00 65372
Apr /18/2012 Billing on Invoice 64048
659552 FEES 367.50 0.00 64048
i ?pr/20/2012 Lawyer: PVF 2.50 Hrs X 175.00
659806 File liquor license with LCB; 437.50 65372
Ta:; Return filing - Sales; Tax
Return filing; telephone call
with Linda Mazzoni; telephone
call with Ceridian
Apr/23/2012 Lawyer: PVF 0.50 Hrs X 175.00
669854 Telephone calls to Dept. of 87.50 65372
Revenue re tax issues with
Liquor License
Apr /24/2012 Lawyer: PVF 0.30 Hrs X 175.00
662118 Telephone call to Dept. of 52.50 65372
Revenue to check on line
records for filing history
Jun /13/2012 Billing on Invoice 65372
670507 FEES 577.50 DISBS 0.00 65372
810.00
- UNBILLED I BILLED -- BALANCES - - --
TOTALS CHE + RECOV + FEES = TOTAL DISBS + FEES + TAX - RECEIPTS = A/R TRUST
PERIOD 0.00 0.00 0.00 0.00 810.00 1415.00 0.00 0.00 2225.00 0.00
END DATE 0.00 0.00 0.00 0.00 810.00 1415.00 0.00 0.00 '25.00 0.00
UNBILLED J I BILLED -__. BALANCES - - -- I
FIRM TOTAL CHE + RECOV + FEES = TOTAL DISBS + FEES + TAX - RECEIPTS = A/R TRUST
PERIOD 0.00 0.00 0.00 0.00 810.00 1415.00 0.00 0.00 2225.00 0.00
END DATE 0.00 0.00 0.00 0.00 810.00 1415.00 0.00 0.00 325.00 0.00
REPORT SELECTIONS - Client Ledger
Layout Template Default
Advanced Search Filter None
Requested by ADMIN
Finished Monday, February 25, 2013 at 03:09:00 PM
Ver 10.0 SP5 HF3 (10.05.20101203)
Matters 183 -12
Clients All
Major Clients All
Client Intro Lawyer All
Matter Intro Lawyer All
Responsible Lawyer All
Assigned Lawyer All
Type of Law All
Select From Active, Inactive, Archived Matters
Matters Sort by Default
New Page for Each Lawyer No
New Page for Each Matter No
No Activity Date Dec/31/2199
Firm 'totals Only No
Totals Only No
Entries Shown - Billed Only No
Feb. ?5/2012 Capozzi Adler, P.C. Page:
Client Ledger
ALL DATES
Date Received From/Paid To Chq# I----- General - - - - - Bld I----------- Trust Activity ------ - - - - -
Entry #_ ExT Rec# Rcpts Disbs Fees Inv# Acc Rcpts Disbs Balance
Entries Shown - Disbursements Yes
Entries Shown - Receipts Yes
Entries Shown - Time or Fees Yes
Entries Shown - Trust Yes
Incl. Matters with Retainer Bal No
Incl. Matters with Neg Unbld Disb No
Trust Account All
Working Lawyer All
Include Corrected Entries No
Show Check # on Paid Payables No
Show Client Address No
Consolidate Payments No
Show Trust Summary by Account No
Show Interest No
Interest Up To Feb/25/2013
Show Invoices that Payments Were Applied to No
Display Entries in Date Order
Capoz# s 866Y P. C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO November 17, 2011
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 1045 -11
Inv #: 61535
RE: v. New Courtland
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Oct -04 -11 Review of/draft a -mails to Andrew Eisemann 0.30 45.00 LJC
re New Courtland collection matter
Oct -22 -11 Receipt and review Case Management 2.00 350.00 ARE
Memorandums, Court Order and Attorney
correspondence; review docket report re same;
review discovery dispute filings and
correspondence; review numerous a -mails and
correspondence related to rate increases and
dietician
Oct -31 -I1 Telephone call to Kate Hill re litigation; dictate 1.00 175.00 ARE
Entry of Appearance; e-mail to Attorneys for
Defendants re Entry of Appearance
Totals 3.30 $570.00
Total Fees & Disbursements $570.00
—500 0 0
Ir 70.00
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 Irmber on your check, Thank You
EXHIBIT
Cap giAdler o PC
Harrisburg, PA 17110
Ph:(717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO December 12, 2011
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 1045 -11
Inv #: 62052
RE: v. New Courtland
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Nov -01 -11 Review of and signed Entry of Appearance 0.20 35.00 PCW
Nov -02 -11 E -mails to and from Attorney for Defendants 0.40 70.00 ARE
re Entry of Appearance and discovery issues
E -filed Entry of Appearance 0.20 18.00 KJG
Nov -08 -11 Conference call with Joe Roberts, Kate Hill 0.40 70.00 ARE
and Linda Mazzoni re litigation issues
Nov -14 -11 Review and organize all e-mail 0.80 140.00 ARE
correspondence from Kate Hill and Joe
Roberts for discovery requests
Nov -15 -11 E -mails to and from Joe Roberts and Kate Hill 0.20 35.00 ARE
re depositions
Nov -30 -11 Draft requests for Admissions 2.00 350.00 PCW
Totals 4.20 $718.00
��� � LVVV111VV1 l L LV 11
Total Fees & Disbursements $718.00
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
Capoz�tB d t 6r, P. C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO February 17, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 1045 -11
Inv #: 63025
RE: v. New Courtland
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Jan -20 -12 Receipt and review Court's Case Management 0.30 55.50 ARE
Order re schedule for discovery, Pre -Trial
Motions and trial
Jan -27 -12 Receipt and review discovery document re 0.50 92.50 ARE
e -mail communications; communicate with
Joe Mazzoni re same
Totals 0.80 $148.00
Total Fees & Disbursements $148.00
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
Cap giAdler P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO March 13, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 1045 -11
Inv #: 63521
RE: v. New Courtland
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Feb -02 -12 Communicate with Defendant's Attorney re 0.30 55.50 ARE
depositions; communicate with Joe Roberts re
same
Feb -15 -12 Communicate with Attorney for Defendants re 0.30 55.50 ARE
discovery and depositions
Feb -23 -12 Telephone call from Attorney for defendants re 0.60 111.00 ARE
depositions or Settlement Agreement
Feb -24 -12 Communicate with Joe Mazzoni re evidence to 0.30 55.50 ARE
prove Complaint and invoices charges to
defendants
Totals 1.50 $277.50
Total Fees & Disbursements $277.50
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
CapoiB d 866 P C'
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO April 18, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kirnberton, PA 19442 File #: 1045 -11
Inv #: 64050
RE: v. New Courtland
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Mar -07 -12 Communicate with Attorney for Defendants re 0.20 37.00 ARE
e -mails between Joe Roberts and Defendants
Mar -09 -12 Review spreadsheet of communications 0.80 148.00 ARE
between Drew Seibert and Don Levesque of
New Courtland with Joe Roberts and Kate
Hill; conference with Joe Roberts and Joe
Mazzoni re same and depositions
Mar -12 -12 Communicate with Attorney for Defendants re 0.40 74.00 ARE
depositions; receipt and review letter from
Defendant's Attorney re same
Mar -13 -12 Communicate with Joe Roberts and Kate Hill 0.80 148.00 ARE
re depositions; communicate with Defendant's
Attorney re same; receipt and review letter
from Attorney for Defendant's re depositions
of Plaintiff and Defendant
Mar -14 -12 Telephone call from Kate Hill re depositions 0.80 148.00 ARE
and her background with New Courtland;
communicate with Defendant's Attorney re
depositions and invoices; telephone call from
Defendant's Attorney re issues to resolve and
negotiate
Mar -20 -12 Review e-mail correspondence between 0.60 111.00 ARE
NMSC and Don Levesque re invoices and
payments
Mar -22 -12 Communicate with Linda Mazzoni re 0.30 55.50 ARE
depositions and invoices
Mar -27 -12 Communicate with Attorney for Defendants re 0.40 74.00 ARE
invoices and discovery; communicate with Joe
Roberts and Linda Mazzoni re same
Mar -28 -12 Communicate with Attorneys for Defendants 1.00 185.00 ARE
re discovery and depositions; telephone call
from Linda Mazzoni re same; receipt and
review letter from Attorney for Defendants re
deposition and Settlement issues
Mar -29 -12 Telephone call from Kate Hill re Defendant's 0.40 74.00 ARE
invoices and discovery issues; communicate
with Defendant's Attorney re depositions
Mar -30 -12 Conference with Kate Hill re litigation, 2.00 370.00 ARE
depositions, Aging Report and invoices; travel
to and from PBI re same
Totals 7.70 $1,424.50
Total Fees & Disbursements $1,424.50
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
Ca p ° s d 866 P. C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO May 18, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 1045 -11
Inv #: 64621
RE: v. New Courtland
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Apr -02 -12 Communicate with Joe Mazzoni re vendor 0.30 55.50 ARE
invoices as evidence; communicate with
Defendants' Attorney re depositions
Apr -03 -12 Communicate with Attorneys for Defendants 0.30 55.50 ARE
re depositions and invoices
Office conference with Andrew Eisemann re 2.50 437.50 PCW
Contention Interrogatories; review of
pleadings; draft Contention Interrogatories to
add to discovery requests; communicate with
Andrew Eisemann re draft of Contention
Interrogatories
Apr -05 -12 Prepared Plaintiffs Interrogatories Directed to 2.00 180.00 KJG
Defendant, First Set
Prepared Plaintiffs Interrogatories Directed to 2.00 180.00 KJG
Defendant, First Set
Apr -11 -12 Review with Cathy Myers and Linda Mazzoni 5.50 1,017.50 ARE
all invoices, contracts, Addendums, payment
history and analysis performed by Joe
Mazzoni; travel to and from NMSC;
communicate with Defendants' Attorney re
same and coordinate Settlent conference
Apr -12 -12 Revise and edit Interrogatories addressed to 0.80 148.00 ARE
Defendants; communicate with Defendants'
Attorney re invoices; draft letter to Defendants'
Attorneys re breakdown of costs and invoice
system
Apr -13 -12 Draft letter to Defendants' Attorney re all 5.20 962.00 ARE
invoices, costs, charges, issues and possible
issues to settle and not settle; forward all
invoices by facility; revise and edit
Interrogatories to Defendants re possible
Medicaid reimbursement fraud; receipt and
review spreadsheet created by Joe Mazzoni re
open invoices and payment status;
communicate with Joe Mazzoni re same;
communicate with Defendants' Attorney re
modification of Court's Case Management
Order; receipt and review data from search of
Defendants' facilities cost reports; office
conference with financial analyst re same
Researched total dietary cost claimed on the 1.00 0.00 EEM
MA -11 cost report by the Nursing Home
facility (Cheltenham York, Tucker House,
Maplewood Manor Cliveden)
Apr -16 -12 Communicate with Joe Mazzoni re open 1.00 185.00 ARE
invoices and invoices paid 100% for
Cheltenham York fixed costs; review of
e -mails from Defendant to Joe Roberts re
overpayments; communicate with Defendant's
Attorney re service of formal discovery
Apr -20 -12 Analyze payments and charges for each facility 1.20 222.00 ARE
top determine a reasonable amount for
Settlement
Apr -23 -12 Communicate with Attorneys for Defendants 3.00 555.00 ARE
re Settlement Conference and review of
Invoices; conference call with Defendant's
Attorney re all invoices and payments and
open Settlement negotiations; communicate
with Kate Hill re same
Apr -26 -12 Conference with Kate Hill re analysis of 1.60 296.00 ARE
accounts, litigation strengths/weaknesses and
possible terms of Settlement; travel to and
from Dillsburg
Apr -27 -12 Communicate with Defendant's Attorney re 1.60 296.00 ARE
* analysis of payments and charges for
Settlement and invoice for extra dietician;
communicate with Defendant's Attorney;
telephone call from Defendant's Attorney re
various invoices; communicate with Joe
Mazzoni re invoices; receipt and review proof
of various payments to NMSC from
Defendant's Attorney
Totals 28.00 $4,590.00
DISBURSEMENTS Disbursements Receipts
Apr -30 -12 4/11/12 - Travel Expenses - ARE 35.00
Totals $35.00 $0.00
Total Fees & Disbursements $4,625.00
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
Capoz#Bo 866-9 P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO June 13, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442
File #: 1045 -11
Inv #: 65185
RE: v. New Courtland
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
May -01 -12 Communicate with Defendant's Attorney re 0.40 74.00 ARE
filing for extension of discovery deadline;
review Motion for Extraordinary Relief re
same
May -03 -12 Dictate elements of Motion to Extend 0.80 148.00 ARE
Discovery Deadline; revise and edit same and
Proposed Court Order
May -17 -12 Communicate with Defendant's Attorney re 0.20 37.00 ARE
various invoices and payments
Totals 1.40 $259.00
DISBURSEMENTS Disbursements Receipts
May -31 -12 5/03/12 - Prothonotary of Philadelphia - Filing 57.68
Fee
Totals $57.68 $0.00
Total Fees & Disbursements $316.68
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
Cap gi Adler P. C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO July 19, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 1045 -11
Inv #: 65747
RE: v. New Courtland
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Jun -05 -12 Communicate with Kate Hill re various 0.20 37.00 ARE
findings of misapplication of payments or
erroneous invoices
Jun -25 -12 Communicate with Joe Mazzoni re 0.50 92.50 ARE
spreadsheet of open invoices; revise and edit
Motion to Extend Discovery Deadline and
prepare for filing
Totals 0.70 $129.50
Total Fees & Disbursements $129.50
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
Capoz# s � 866 P e'
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO August 17, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 1045 -11
Inv #: 66172
RE: v. New Courtland
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Jul -10 -12 Receipt and review revised Court Case 0.30 55.50 ARE
Management Order re case deadlines;
communicate with Defendant's Attorney re
same
Jul -18 -12 Office conference with Joe Mazzoni re open 0.40 74.00 ARE
invoices and strategy to reconcile with
Defendant; communicate with Attorney for
New Courtland re same
Totals 0.70 $129.50
DISBURSEMENTS Disbursements Receipts
Jul -31 -12 6/25/12 - Filing Fee 57.68
Totals $57.68 $0.00
Total Fees & Disbursements $187.18
Due Date: 30 Days From Date of Invoice. Any cis Ims 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
Capoqa 586e P.C.
Harrisburg, PA 17110
Ph: (717) 233-4101 Fax:(717) 2334103 EIN #: 23- 2911821
Joseph V. Roberts, CEO September 18, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 1045 -11
Inv #: 66640
RE: v. New Courtland
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Aug -29 -12 Communicate with Defendant's Attorney re 0.20 37.00 ARE
discovery and possible Settlement
Draft Motion for Extraordinary Relief 0.40 36.00 KJG
Aug -30 -12 Communicate with Attorney for Defendant re 0.20 37.00 ARE
possible Settlement Agreement and invoice
issues
Totals 0.80 $110.00
Total Fees & Disbursements $110.00
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
Capoz�is 866Y P. C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO October 24, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 1045 -11
Inv #: 67181
RE: v. New Courtland
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Sep -05 -12 Revise and edit Motion for Extension of 0.30 55.50 ARE
Discovery Deadline and trial date
Totals 0.30 $55.50
DISBURSEMENTS Disbursements Receipts
Sep -30 -12 9/06 - Filing Fee 57.68
Totals $57.68 $0.00
Total Fees & Disbursements $113.18
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
CapoziB 866 P C '
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO December 11, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 1045 -11
Inv #: 68173
RE: v. New Courtland
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Nov -02 -12 Communicate with Defendant's Attorney re 0.30 55.50 ARE
discovery issues with Settlement and Motion
to Extend Deadlines
Nov -07 -12 Communicate with Joe Roberts re Settlement 0.20 37.00 ARE
issues and payment of invoices
Totals 0.50 $92.50
DISBURSEMENTS Disbursements Receipts
Nov -30 -12 Filing Fees 57.68
Totals $57.68 $0.00
Total Fees & Disbursements $150.18
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 pit# Invoice Number on your check, Thank You
Feb /;_5 /X13 Capozzi Adler, P.C. Page: 1
Client Ledger
ALL DATES
Date Received From/Paid To Chq# - - - -- General - - - - - Bld ----- - - - - -- Trust Activity ------ - - - - -I
Entry # Explanation Roo# Rota Disbs Fees Inv# Acc Repts Diabs Balance
3146 Nutrition Management Services Cospany
1045 -11 v. New Courtland Rasp Lawyer: XXX
Sep /19/2011 Lawyer: ARE 0.30 Hrs X 175.00
624031 E -mails to and from Linda 52.50 60894
Mazzoni re New Courtland
litigation
Sep /30/2011 Lawyer: ARE 2.30 Hrs X 175.00
625359 Receive and review all 402.50 60894
correspondence and litigation
re New Courtland; dictate
business and bankrupt searches
of Defendant;. e-mail to
Attorney Outtrim.re same;
dictate docket search; review
invoices to Helena York;,
Nursing and Rehab; Center;
review Tucker House aging
reports
Oct/ 4/2011 Lawyer: LJC 0.30 Hrs X 150.00
624247 Review of /draft e -mails to 45.00 61535
Andrew Eisemann re New
Courtland collection matter
Oct /12/2011 Billing on Invoice 60894
625896 FEES 455.00 0.00 60894
Oct/22/2011 Lawyer: ARE 2.00 Hrs X 175.00
631414 Receipt and review Case 350.00 61535
Management Memorandums, Court
Order and Attorney
correspondence; review docket
report re same; review
discovery dispute filings and
correspondence; review
numerous e -mails and
correspondence related to rate
increases and dietician
Oct /31/2011 Lawyer: ARE 1.00 Hrs X 175.00
628912 Telephone call to Kate Hill re 175.00 61535
litigation; dictate Entry of
Appearance e-mail to
Attorneys for Defendants re
Entry of Appearance
Nov/ 1/2011 Lawyer: PCW 0.20 Hrs X 175.00
630753 Review of and signed Entry of 35.00 6205'
Appearance
Nov/ 2/2011 Lawyer: KJG 0.20 Hrs X 90.00
630686 E -filed Entry of Appearance 18.00 62052
Nov/ 2/2011 Lawyer: ARE 0.40 Hrs X 175.00
634769 E -mails to and from Attorney 70.00 62052
for Defendants re Entry of
Appearance and discovery issues
Nov/ 8/2011 Lawyer: ARE 0.40 Hrs X 175.00
632131 Conference call with Joe 70.00 62052
Roberts, Kate Hill and Linda
Mazzoni re litigation issues
Nov /14/2011 Lawyer: ARE 0.80 Hrs X 175.00
635242 Review and organize all e -mail 140.00 62052
correspondence from Kate Hill
and Joe Roberts for discovery
requests
Nov /15/2011 Lawyer: ARE 0.20 Hrs X 175.00
633774 E -mails to and from Joe Roberts 35.00 62052
and Kate Hill re depositions
Nov /17 /2011 Billing on Invoice 61535
631902 FEES 570.00 0.00 61535
Nov /30/2011 Lawyer: PCW _2.00 Hrs X 175.00
635687 Draft requests for Admissions 350.00 62052
Dec;11/2011 Lawyer: ARE 0.20 Hrs X 175.00
637736 Communicate with Attorney for 35.00 62522
New Courtland re discovery
material
Dec /12/2011 Billing on Invoice 62052
636980 FEES 718.00 0.00 62052
Dec /12 /2011 Lawyer: ARE 0.60 Hrs X 175.00
639011 Telephone call from Attorney 105.00 62522
for Defendant re legal issues,
Discovery and strategy to reach
settlement; communicate with
Joe Roberts re same
Dec /16/2011 Lawyer: ARE 0.30 Hrs X 175.00
638503 Communicate with Joe Mazzoni re 52.50 62522
Discovery Requests and response
Dec /19/2011 Lawyer: ARE 0.20 Hrs X 175.00
639251 Communicate with Joseph Mazzoni 35.00 62522
re Answers to Defendant's
Discovery Requests
Dec /20/2011 Lawyer: ARE 0.20 Hrs X 175.00
639269 Communicate with Joe Mazzoni re 35.00 62522
formal discovery requests
Dec /22 /2011 Lawyer: ARE 0.50 Hrs X 175.00
639308 Conference call with Joe 87.50 62522
Roberts and staff re
Feb "85/2013 Capozzi Adler, P.C. Page: �.
Client Ledger
' ALL DATES
Date Received From/Paid To Chq# - - - -- General - - - - -I Bld I----- - - - - -- Trust Activity ------ - - - - -I
__Entry #_.__ anation _ Roo# Rcpts Disbs _ Fees_ Inv# Rcpts Disbs Balance
litigation and discovery;
communicate with Kate Hill re
same
Jan /20/2012 Billing on Invoice 62522
641668 FEES 350.00 0.00 62522
Jan /20/2012 Lawyer: ARE 0.30 Hrs X 185.00
645355 Receipt and review Court's Case 55.50 63025
Management Order re schedule
for discovery, Pre -Trial
Motions and trial
Jan/27/2012 Lawyer: ARE 0.50 Hrs X,185.00
643912 Receipt and review discovery 92.50 63025
document re e-mail
communications; communicate
with Joe Mazzoni re same
Feb/ 2/2012 Lawyer: ARE 0.30 Hrs X 185.00
650034 Communicate with Defendant's 55.50 63521
Attorney re depositions;
communicate with Joe Roberts
re same
Feb /15/2012 Lawyer: ARE 0.30 Hrs X 185.00
651496 Communicate with Attorney for 55.50 63521
Defendants re discovery and
depositions
Feb /17/2012 Billing on Invoice 63025
647254 FEES 148.00 0.00 63025
Feb /23/2012 Lawyer: ARE 0.60 Hrs X 185.00
649389 Telephone call from Attorney 111.00 63521
for defendants re depositions
or Settlement Agreement
Feb /24 /2012 Lawyer: ARE 0.30 Hrs X 185.00
649411 Communicate with Joe Mazzoni re 55.50 63521
evidence to prove Complaint and
invoices charges to defendants
Mar/ 2/2012 Nutrition Management Services Co.
649804 PMT - Check No. 5606 Inv. 60894 47669 485.00
Mar/ 7/2012 Lawyer: ARE 0.20 Hrs X 185.00
655079 Communicate with Attorney for 37.00 64050
Defendants re e -mails between
Joe Roberts and Defendants
Mar/ 9/2012 Lawyer: ARE 0.80 Hrs X 185.00
652980 Review spreadsheet of 148.00 64050
communications between Drew
Seibert and Don Levesque of
New Courtland with Joe Roberts
and Kate Hill; conference with
Joe Roberts and Joe Mazzoni re
same and depositions
Mar /12 /2012 Lawyer: ARE 0.40 Hrs X 185.00
655092 Communicate with Attorney for 74.00 64050
Defendants re depositions;
receipt and review letter from
Defendant's Attorney re same
Mar /13/2012 Billing on Invoice 63521
652050 FEES 277.50 0.00 63521
Mar /13/2012 Lawyer: ARE 0.80 Hrs X 185.00
653603 Communicate with Joe Roberts 148.00 64050
and Kate Hill re depositions;
communicate with Defendant's
Attorney re same; receipt and
review letter from Attorney
for Defendant's re depositions
of Plaintiff and Defendant
Mar /14/2012 Lawyer: ARE 0.80 Hrs X 185.00
655103 Telephone call from Kate Hill 148.00 64050
re depositions and her
background with New Courtland;
communicate with Defendant's
Attorney re depositions and
invoices; telephone call from
Defendant's Attorney re issues
to resolve and negotiate
Mar;20 /2012 Lawyer: ARE 0.60 Hrs X 185.00
654082 Review e -mail correspondence 111.00 64050
between NMSC and Don Levesque
re invoices and payments
Mar/22/2012 Lawyer: ARE 0.30 Hrs X 185.00
655865 Communicate with Linda Mazzoni 55.50 64050
re depositions and invoices
Mar /27/2012 Lawyer: ARE 0.40 Hrs X 185.00
657001 Communicate with Attorney for 74.00 64050
Defendants re invoices and
discovery; communicate with
Joe Roberts and Linda Mazzoni
re same
Mar /28/2012 Lawyer: ARE 1.00 Hrs X 185.00
657006 Communicate with Attorneys for 185.00 64050
Defendants re discovery and
depositions; telephone call
from Linda Mazzoni re same;
receipt and review letter from
Feb A'5 /2013 Capozzi Adler, P.C. Page: 3
Client: Ledger
ALL L:ATES
Date Received From/Paid To Chq# - - - -- General - - - - -) Bld I----- - - - - -- Trust Activity ----- -- - - - - -I
Entry # Explanation Rec# Rcpts Disbs Fees Inv# Acc Rcpts Disbs Balance
Attorney for Defendants re
deposition and Settlement
issues
Mar/29/2012 Lawyer: ARE 0.40 Hrs X 185.00
656090 Telephone call from Kate Hill 74.00 64050
re Defendant's invoices and
discovery issues; communicate
with Defendant's Attorney re
depositions
Mar /30/2012 Lawyer: ARE 2.00 Hrs X 185.00
656102 Conference with Kate Hill re 370.00 64050
litigation, depositions, Aging
Report and invoices; travel to
and from PBI re same
Apr/ 2/2012 Lawyer: ARE 0.30 Hrs X 185.00
660031 Communicate with Joe Mazzoni re 55.50 64621
vendor invoices as evidence;
communicate with Defendants'
Attorney re depositions
Apr/ 3/2012 Lawyer: ARE 0.30 Hrs X 185.00
660086 Communicate with Attorneys for 55.50 64621
Defendants re depositions and
invoices
Apr/ 3/2012 Lawyer: PCW 2.50 Hrs X 175.00
662759 Office conference with Andrew 437.50 64621
Eisemann re Contention
Interrogatories; review of
pleadings; draft Contention
Interrogatories to add to
discovery requests;
communicate with Andrew
Eisemann re draft of
Contention Interrogatories
Apr/ 5/2012 Lawyer: KJG 2.00 Hrs X 90.00
660519 Prepared Plaintiff's 180.00 64621
Interrogatories Directed to
Defendant, First Set
Apr/ 5/2012 Lawyer: KJG 2.00 Hrs X 90.00
660520 Prepared Plaintiff's 180.00 64621
Interrogatories Directed to
Defendant, First Set
Apr /11/20'12 Lawyer: ARE 5.50 Hrs X 185.00
b60497 Review with Cathy Myers and 1017.50 64621
Linda Mazzoni all invoices,
contracts, Addendums, payment
history and analysis performed
by Joe Mazzoni; travel to and
from NMSC; communicate with
Defendants' Attorney re same
and coordinate Settlement
conference
Apr /12/2012 Lawyer: ARE 0.80 Hrs X 185.00
660100 Revise and edit Interrogatories 148.00 64621
addressed to Defendants;
communicate with Defendants'
Attorney re invoices; draft
letter to Defendants'
Attorneys re breakdown of
costs and invoice system
Apr /13/2012 Lawyer: EEM 1.00 Hrs X 0.00
657813 Researched total dietary cost 0.00 64621
claimed on the MA -11 cost
report by the Nursing Home
facility (Cheltenham York,
Tucker House, Maplewood Manor
Cliveden)
Apr /13 /2012 Lawyer: ARE 5.20 Hrs X 185.00
660104 Draft letter to Defendants' 962.J0 64621
Attorney re all invoices,
costs, charges, issues and
passible issues to settle and
not settle; forward all
invoices by facility; revise
and edit Interrogatories to
Defendants re possible
Medicaid reimbursement fraud;
receipt and review spreadsheet
created by Joe Mazzoni re open
invoices and payment status;
communicate with Joe Mazzoni
re same; communicate with
Defendants' Attorney re
modification of Court's Case
Management Order; receipt and
review data from search of
Defendants' facilities cost
reports; office conference
with financial analyst re same
.%pr/16/2012 Lawyer: ARE 1.00 Hrs X 185.00
y 662126 Communicate with Joe Mazzoni re 185.00 64621
open invoices and invoices paid
Feb /':5 /2013 Capozzi Adler, P.C. Page:
Client Ledger
ALL DATES
Date Received From/Paid To Chq# I - - - -- General - - - - -I Bld I---- ------- Trust Activity ------ - - - - -I
_En # Explana Rec# Rcpta_ Disba _ _. Fees Inv# Acc Rcpts _ _ Balance
1008 for Cheltenham York fixed
costs; review of a -mails from
Defendant to Joe Roberts re
overpayments; communicate with
Defendant's Attorney re service .
of formal discovery
Apr /18 /2012 Billing on Invoice 64050
659073 FEES 1424.50 0.00 64050
Apr /20/2012 Lawyer: ARE 1.20 Hrs X 185.00
660324 Analyze payments and charges_ 222.00 64621
for each facility top
determine a reasonable amount
for Settlement
Apr /23 /2012 Lawyer: ARE 3.00 Hrs X 185.00
661072 Communicate with Attorneys for 555.D0 64621
Defendants re Settlement
Conference and review of
Invoices; conference call with
Defendant's Attorney re all
invoices and payments and open
Settlement negotiations;
communicate with Kate Hill re
same
Apr/26/2012 Lawyer: ARE 1.60 Hrs X 185.00
661431 Conference with Kate Hill re 296.00 64621
analysis of accountsl
litigation
strengths /weaknesses and
possible terms of Settlement;
travel to and from Dillsburg
Apr /27/2012 Lawyer: ARE 1.60 Hrs X 185.00
662555 Communicate with Defendant's 296.00 64621
Attorney re analysis of
payments and charges for
Settlement and invoice for
extra dietician; communicate
with Defendant's Attorney;
telephone call from
Defendant's Attorney re
various invoices; communicate
with Joe Mazzoni re invoices;
receipt and review proof of
various payments to NMSC from
Defendant's Attorney
Apr /30/312 Andrew R. Eisemann
166ih5 4/11/12 - Travel Expenses ARE 24495 35.00 64621
May/ 1/2012 Lawyer: ARE 0.40 Hrs X 185.00
669858 Communicate with Defendant's 74,00 65185
Attorney re filing for
extension of discovery
deadline; review Motion for
Extraordinary Relief re same
May/ 3/2012 Lawyer: ARE 0.80 Hrs X 185.00
669859 Dictate elements of Motion to 148.00 65185
Extend Discovery Deadline;
revise and edit same and
Proposed Court Order
May /17/2012 Lawyer: ARE 0.20 Hrs X 185.00
667255 Communicate with Defendant's 37.00 65185
Attorney re various invoices
and payments
May /18/2012 Billing on Invoice 64621
665149 FEES 4590.00'DISBS 0.00 64621
35.00
May /31 /2012 Cardmember Service
668579 5/03/12 - Prothonotary of 24669 57.68 65185
Philadelphia - Filing Fee
Jun/ 5/2012 Lawyer: ARE 0.20 Hrs X 185.00
671462; Communicate with Kate Hill ''re 37.00 65747
various findings of
misapplication of payments or
erroneous invoices
Jun /13/2012 Billing on Invoice 65185
670320 FEES 259.00 DISBS 0.00 65185
57.68
Jun /25/2012 Lawyer: ARE 0.50 Hrs X 185.00
674160 Communicate with Joe Mazzoni re 92.50 65747
spreadsheet of open invoices;
revise and edit Motion to
Extend Discovery Deadline and
prepare for filing
Jul /10 /2012 Lawyer: ARE 0.30 Hrs X 185.00
678008 Receipt and review revised 55.D0 66172
Court Case Management Order re
case deadlines; communicate
with Defendant's Attorney re
same
Jul /18/2012 Lawyer: ARE 0.40 Hrs X 185.00
678132 Office conference with Joe 74.00 66172
Mazzoni re open invoices and
strategy to reconcile with
Feb, "-'5/2013 Capozzi Adler, P.C. Page: 5
Client Ledger
' ALL DATES
Date Received From/Paid To Chq# - - - -- General - - - - -I Bld I----- - - - - -- Trust Activity ------ - - - - -I
Entry # Explanation Roo# Rcpts_ Disbs Fees Inv# Ac_c _ Rcpts Diabs Balance
Defendant; communicate with
Attorney for New Courtland re
same
Jul!19/2012 Billing on Invoice 65747
676116 FEES 129.50 0.00 65747
Jul,31/2012 Cardmember Service `
686997 6/25/12 - Filing 'Fee 24956 57.68 66172
Aug;17 /2012 Billing on Invoice 66172
681294 FEES 129.50 DISBS 0.00 66172
57.68
Aug/29/2012 Lawyer: KJG 0.40 Hrs X 90.00
683311 Draft Motion for Extraordinary 36.00 66640
Relief
Aug/29/2012 Lawyer: ARE 0.20 Hrs X 185.00
683789 Communicate with Defendant's 37.00 66640
Attorney re discovery and
possible Settlement
Aug /30/2012 Nutrition Management Services Co.
683971 PMT - Check No. 6661 Inv. 62522 50520 350.00
Aug /30/2012 Lawyer: ARE 0.20 Hrs X 185.00
684204 Communicate with Attorney for 37.00 66640
Defendant re possible
Settlement Agreement and
invoice issues
Sep/ 5/2012 Lawyer: ARE 0.30 Hrs X 185.00 -
689198 Revise and edit Motion for 55.50 67181
Extension of Discovery -
Deadline and trial date
Sep /18/2012 Billing on Invoice 66640
686056 FEES 110.00 0.00 66640
Sep /30/2012 Cardmember Service
688262 9/06 - Filing Fee 25446 57.68 67181
Oct/24/2012 Billing on Invoice 67181
691792 FEES 55.50 DISBS 0.00 67181
57.68
Nov/ 2/2012 Lawyer: ARE 0.30 Hrs X 185.00
701172 Communicate with Defendant's 55.50 68173
Attorney re discovery issues
with Settlement and Motion to
Extend Deadlines
Nov/ 7/2012 Lawyer: ARE 0.20 Hrs X 185.00
697268 Communicate with Joe Roberts re 37.00 68173
Settlement issues and payment
of invoices
Nov /30/2012 Cardmember Service
1, 705484 Filing Fees phone 57.68 68173
Dec /11 /2012 Billing on Invoice 68173
702587 FEES 92.50 DISBS 0.00 68173
57.68
Jan/ 8/2013 Nutrition Management Services Co.
707950 PMT - Check No. 7392 Inv. 61535 52790 500.00
-- UNBILLED I - - - -- BILLED - -- - - -- _. __._ BALANCES
TOTALS CHE + RECOV + FEES = TOTAL DISBS + FEES +- TAX - RECEIPTS = ?. /R TRUST
PERIOD 0.00 0.00 0.00 0.00 265.72 9309.00 0.00 1305.00 6269.73 0. 0')
' END DATE 0.00 0.00 0.00 0.00 265.72 9309.00 0.00 1305.00 ;269.71 0.30
UNBILLED - BILLED --- - - - - -- - - - -_- BALANCES -- -- --
FIRM TOTAL CHE + RECOV + FEES = TOTAL DISBS + FEES + TAX - RECEIPTS = A/R TRUST
PERIOD 0.00 0.00 0.00 0.00 265.72 9309.00 0.00 1305.00 8269.7' 0.00
END DATE 0.00 0.00 0.00 0.00 265.72 9309.00 0.00 1305.00 6269.72 0.00
REPORT SELECTIONS - Client Ledger
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Entries Shown - Billed Only No
Entries Shown - Disbursements Yes
Entries Shown - Receipts Yes
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Incl. Matters with Retainer Bal No
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Feb'7 5/2013' Capozzi Ad1E: Page:
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ALL DATES
' Date Received From/Paid To Chq# - - - -- General - - - - -I Bld ----- - - - - -- Trust Activity ------ - - - - -I
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'rust Accou:.t All
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Show Invoices that Payments Were Applied to No
Display Entries in Date Order
Capoz6i s d 866, P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO December 12, 2011
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442
File #: 1153 -11
Inv #: 62053
RE: v. Pocono Produce
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Nov -25 -11 E -mails to and from Kate Hill re account and 0.20 40.00 ARE
payables issue
Nov -28 -11 Telephone call from Kate Hill re contract 0.50 100.00 ARE
issues and pending Complaint; strategy
conference with Philip Warholic re same
Nov -29 -11 Telephone call from Kate Hill re letter to 2.60 455.00 ARE
Pocono Produce terminating Agreement;
extended conference call with Kate Hill and
auditors re possible Complaint, audit and
breaches; revise and edit letter to Pocono
Produce terminating services; telephone call
from Kate Hill re same; receipt and review
audit report and Provider agreements
Nov -30 -11 Receipt and review letter from Pocono 0.30 60.00 ARE
Produce re termination of services; a -mails to
and from Kate Hill re same
Strategy conference with Andrew Eisemann re 1.00 175.00 PCW
how best to proceed; review of client
documents
Totals_ 4.60 $830.00
ter...
EXHMBIT
Total Fees & Disbursements $830.00
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
F
Capon #B 8661 P C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO January 20, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442
File #: 1153 -11
Inv #: 62523
RE: v. Pocono Produce
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Dec -05 -11 Communicate with Kate Hill re account and 1.00 200.00 ARE
balance issues; conference call with Kate Hill
and Joe Roberts re audits and Complaint;
strategy conference with Philip Warholic re
counts and facts for Complaint; receipt and
review current audit; communicate with Kate
Hill re same
Strategy conference with Andrew Eisemann re 0.50 87.50 PCW
how best to proceed; conference call with
client
Dec -06 -11 Communicate with Kate Hill re Complaint; 0.20 40.00 ARE
office conference with Philip Warholic re same
Dec -07 -11 Draft Complaint 2.00 350.00 PCW
Dec -08 -11 Further preparation of Complaint 1.00 175.00 PCW
Dec -09 -11 Communicate with Kate Hill re negotiations 1.30 227.50 ARE
with Pocono Produce; receipt and review
correspondence between Counsel for Pocono
and NMSC re negative credit report and
remaining balance; conference call with Linda
Mazzoni re same and revisiorW;, receipt and
review same
Dec -12 -11 Review of demand letter from Pocono 0.20 35.00 PCW
Produce's General Counsel re balance due
� 4
Dee-31-11 Research 29.71
Totals $295.46 $0.00
Total Fees & Disbursements $3,470.46
A f5.4
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
Capoz#B P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO February 17, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 1153 -11
Inv #: 63026
RE: v. Pocono Produce
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Jan-03 -12 Telephone call from Defense Attorney re 0.50 87.50 PCW
extension to file response to Complaint;
communicate with Defense Attorney re
confirmation of extension
Jan -04 -12 Telephone call from Attorney for Pocono 0.30 63.00 ARE
Produce re Complaint and possible Settlement;
office conference with Philip Warholic re same
Review of Entry of Appearance for Defense 0.20 .35.00 PCW
Attorney
Jan-13 -12 Communicate with Defense Attorney re 0.20 35.00 PCW
possible settlement
Jan-18 -12 Review of Answer to Complaint with 0.50 87.50 PCW
Counterclaim filed by Defendant
Jan-20 -12 Draft Response to New Matter and 2.00 350.00 PCW
Counterclaim
Jan-22 -12 Review status and actions re Defendant's 0.10 21.00 ARE
Answer with New Matter and Counterclaim
and possible settlement
Jan-23 -12 Revise Response to New Matter and 1.00 175.00 PCW
Counterclaim
Jan-27 -12 Draft Interrogatories to Defendant 2.00 350.00 PCW
Draft Requests for Admissions 2.00 350.00 PCW
Jan -28 -12 Draft Request for Production of Documents 2.00 350.00 PCW
Totals 10.80 $1,904.00
DISBURSEMENTS Disbursements Receipts
Jan -05 -12 County of Monroe - Sheriff Service Fee - 114.45
Refund
Jan-27 -12 Federal Express 12/14/11 19.22
Totals - $95.23 $0.00
Total Fees & Disbursements $1,808.77
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 IS days of receipt.
Please put Invoice plumber on your check, Thank You
Capoz#B a 5 66 PC
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO March 13, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 1153 -11
Inv #: 63522
RE: v. Pocono Produce
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Feb -02 -12 Telephone call to Joe Roberts re allegations of 0.30 52.50 PCW
counterclaim
Feb -09 -12 Telephone call from Opposing Counsel re 0.30 52.50 PCW
possible Settlement
Feb -11 -12 Review of letter from Defense Attorney re 0.40 70.00 PCW
Settlement; communicate with Joseph Roberts
re offer of Settlement
Feb -13 -12 Revise Intention Interrogatories 1.00 175.00 PCW
Feb -15 -12 Communicate with Linda Mazzoni re Answer 0.30 55.50 ARE
to New Matter; office conference with Philip
Warholic re same
Communicate with Joe Roberts re status of 0.20 35.00 PCW
review of Answer to Counterclaim
Feb -16 -12 Telephone call to Joe Roberts re response to 1.00 175.00 PCW
counterclaim; review of notes/revisions from
client
Feb -17 -12 Telephone call to Joe Roberts and Kate Hill to 3.50 612.50 PCW
discuss Answer to Counterclaim; revised
answer to counterclaims, e-mail finalized draft
to client for review
Feb -18 -12 Strategy and Status Conference with Phil 0.10 21.00 ARE
Warholic re Defendant's Answer with
New Matter and Counterclaim and filing of
Plaintiff's Response
Feb -20 -12 Review of a -mails from Joe Roberts and Kate 2.50 437.50 PCW
Hill re revisions to Answer to Counterclaim;
telephone call from Kate Hill re revisions to
Answer to Counterclaim; finalized Answer for
filing
Feb -27 -12 Revise Request for Production of Documents 1.00 175.00 PCW
Feb -28 -12 Revise requests for admissions; communicate 1.20 210.00 PCW
with client re Settlement
Office conference with Andrew Eisemann re 0.40 0.00 PCW
Settlement and discovery status; communicate
with Defendant's Attorney re Settlement and
discovery
Feb -29 -12 Office conference with Philip Warholic re 0.30 55.50 ARE
discovery and lack of Settlement
Review of discovery requests from 0.70 122.50 PCW
Defendant's Attorney; e-mail to client
enclosing requests
Totals 13.20 $2,249.50
DISBURSEMENTS Disbursements Receipts
Feb -29 -12 2/20/12 - Federal Express Charge 16.00
Totals $16.00 $0.00
Total Fees & Disbursements $2,265.50
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 plumber on your check, Thank You
Capo is d r P C'
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO April 18, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 1153 -11
Inv #: 64051
RE: v. Pocono Produce
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Mar -02 -12 Review of Notice of Deposition from 0.40 70.00 PCW
defendant's attorney; communicate with
Defendant's Attorney re deposition date and
location
Mar -07 -12 Communicate with Defendant's Attorney re 0.20 35.00 PCW
depositions of Joe Roberts and Kate Hill
Mar -19 -12 Communicate with Defense Attorney re 0.20 35.00 PCW
depositions of Joe Roberts and Kate Hill
Mar -26 -12 Communicate with Joe Roberts re discovery; 0.20 37.00 ARE
office conference with Philip Warholic re same
Communicate with Defense Attorney re 0.40 70.00 PCW
depositions; communicate with client re
depositions
Mar -27 -12 Communicate with client re available dates for 0.30 52.50 PCW
depositions
Mar -28 -12 Draft responses to Interrogatories; telephone 5.00 875.00 PCW
call to Linda Mazzoni re discovery responses;
review of documents from client; review of
initial answers to Interrogatories from client;
numerous communications with Linda
Mazzoni; telephone call to Linda Mazzoni and
Joseph Mazzoni
Mar -29 -12 Review of revisions to responses to 3.90 682.50 PCW
Interrogatories; revise response to
Interrogatories; prepared Verifications; draft
responses to Requests for Production of
Documents; further communicate with client
re dates for depositions and discovery requests;
review of meeting notes from Linda Mazzoni
Mar -30 -12 Letter to Defense Attorney enclosing discovery 1.00 175.00 PCW
responses; communicate with Linda Mazzoni
re new dates for depositions; review of Notices
of Depositions from Defense Attorney;
communicate with Linda Mazzoni re formal
notices
Totals 11.60 $2,032.00
Total Fees & Disbursements $2,032.00
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
Ca pOz# a 866 P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO May 18, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 1153 -11
Inv #: 64622
RE: v. Pocono Produce
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Apr -04 -12 Communicate with Pocono Produce's Attorney 0.20 35.00 PCW
re response to Requests for Production of
Documents
Apr -06 -12 Communicate with Linda Mazzoni re 0.20 35.00 PCW
document production
Apr -09 -12 Communicate with Linda Mazzoni re 0.20 35.00 PCW
deposition notices
Apr -11 -12 Communicate with Pocono's Attorney re status 0.40 70.00 PCW
of Requests for Production of Documents;
review of all documents sent by client to
transfer to disk to ensure objected to
documents were not forwarded
Apr -12 -12 Communicate with Linda Mazzoni re 0.50 87.50 PCW
documents to be produced to Defendant
Attorney; office conference with Key Gill re
compiling and sending information for
response to Request for Production of
Documents
Apr -21 -12 Strategy and status conference with Phil 0.10 21.00 ARE
Warholic re filing of Plaintiff's Response to
New Matter and formal discovery
Strategy conference with Andrew Eisemann re 0.20 35.00 PCW
proceeding with matter and current status
I
'Apr -26 -12 Telephone call from Linda Mazzoni re 0.30 52.50 PCW
depositions of Joe Roberts and Kate Hill
Apr -27 -12 Communicate with Kate Hill re deposition 0.20 35.00 PCW
Apr -29 -12 Review of file and prepared for Joe Roberts 4.00 700.00 PCW
and Kate Hill's depositions
Apr -30 -12 Numerous communications with Opposing 0.40 70.00 PCW
Counsel re depositions
Totals 6.70 $1,176.00
DISBURSEMENTS Disbursements Receipts
Apr -30 -12 4/13/12 - Delivery Charges 16.36
Totals $16.36 $0.00
Total Fees & Disbursements $1,192.36
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
CapoiB 8661 P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO June 13, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442
File #: 1153 -11
Inv #: 65186
RE: v. Pocono Produce
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
May -01 -12 Communicate with Linda Mazzoni re 1.10 192.50 PCW
depositions of Joe Roberts and Kate Hill;
telephone call from Kate Hill re rescheduling
of depositions; telephone call to Opposing
Counsel re rescheduling of depositions;
telephone call to Kate Hill re rescheduled
depositions
May -02 -12 Communicate with Kate Fill re rescheduling of 0.40 70.00 PCW
deposition; communicate with Opposing
Counsel re new deposition date for Kate Hill
May -03 -12 Communicate with client re deposition 0.20 35.00 PCW
rescheduling for Joe Roberts
May -04 -12 Communicate with client re new deposition 0.40 70.00 PCW
date for Joe Roberts; communicate with
Opposing Counsel re same
May -07 -12 Telephone conference with Kate Hill re 1.20 210.00 PCW
preparation for deposition; communicate with
Linda Mazzoni re rescheduled deposition for
Joe Roberts
May -08 -12 Travel to and attended Pocono Produce's 10.00 1,750.00 PCW
deposition of Kate Hill Philadelphia
May -09 -12 Communicate with Opposing Counsel re 0.20 35.00 PCW
rescheduled date for deposition of Joe Roberts
May -10 -12 Strategy conference with Philip Warholic re 0.30 63.00 ARE
discovery issues and depositions
Office conference with Andrew Eisemann re 0.20 35.00 PCW
rescheduling of deposition of Joe Roberts
May -15 -12 Communicate with Opposing Counsel re 0.40 70.00 PCW
depositions for Joe Roberts and Pat Rhubart;
communicate with client re depositions and
further document production
May -18 -12 Communicate with Opposing Counsel re 0.20 35.00 PCW
additional document production status
May -19 -12 Strategy and Status Conference with Phil 0.10 21.00 ARE
Warholic re filing of Plaintiff's Response to
New Matter and formal discovery
May -22 -12 Communicate with client re deposition for Pat 0.40 70.00 PCW
Rhubart; communicate with Pocono's Attorney
re depositions and documents requests
May -23 -12 Review of additional a -mails from Kate Hill; 1.00 175.00 PCW
communicate with Key Gill re forwarding
additional discovery documents to Opposing
Counsel
May -29 -12 Communicate with Kate Hill re litigation and 0.20 42.00 ARE
discovery
Totals 16.30 $2,873.50
DISBURSEMENTS Disbursements Receipts
May -23 -12 5/08/12 - Travel Expenses - PCW 158.36
Totals $158.36 $0.00
Total Fees & Disbursements $3,031.86
Due Date: 30 Days From Data 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 1(_
Capoz6i s d 866 P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO June 29, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 1153 -11
Inv #: 65448
RE: v. Pocono Produce
DISBURSEMENTS Disbursements Receipts
May -23 -12 Transcript - Kate Hill 723
Totals $723.35 $0.00
Total Fees & Disbursements $723.35
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
Capoz�t ' Ad ler, P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO July 19, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 1153 -11
Inv , #: 65748
RE: v. Pocono Produce
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Jun -05 -12 Communicate with Defendant's Attorney re 0.30 63.00 ARE
depositions; communicate with Linda Mazzoni
re deposition of Pat Rhubart
Jun -06 -12 Communicate with Linda Mazzoni re 2.80 588.00 ARE
deposition; review pleadings, exhibits and
discovery material for Joe Roberts Deposition;
conference call with Joe Roberts, Kate Hill
and Joe Mazzoni in preparation for deposition
Jun -07 -12 Conduct deposition of Joe Roberts; receipt and 5.20 1,092.00 ARE
review letter from Steve Gintowt re Reinhart
Food Service
Jun -08 -12 Telephone call from Defendant's Attorney re 0.30 63.00 ARE
possible terms of Settlement Agreement
Jun -13 -12 Communicate with Attorney for Pocono 0.20 42.00 ARE
Produce re initial offer for Settlement and
depositions
Jun -14 -12 Telephone call from Attorney for Pocono 0.40 84.00 ARE
Produce re depositions of Pat Rhubert and Abe
Mazzoni and possible terms of Settlement
Agreement; communicate with Linda Mazzoni
re scheduling
Jun -15 -12 Communicate with Defendant's Attorney re 0.20 42.00 ARE
depositions of Joe Mazzoni and Pat Rhubart
Jun -25 -12 Communicate with Pat Rhubart and Joe 0.50 105.00 ARE
Mazzoni re deposition; revise and edit Motion
to Extend Discovery Deadline
Jun -28 -12 Communicate with Defendant's Attorney re 0.30 63.00 ARE
depositions of Joe Mazzoni and Pat Rhubart;
communicate with Linda Mazzoni re same
Jun -29 -12 Communicate with Attorney for Defendants re 0.30 63.00 ARE
dates for depositions of Joe Mazzoni and Pat
Rhubart; communicate with Linda Mazzoni re
same
Totals 10.50 $2,205.00
DISBURSEMENTS Disbursements Receipts
Jun -07 -12 Travel Expenses - LJC 157.62
Totals $157.62 $0.00
Total Fees & Disbursements $2,362.62
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 16 days of receipt.
Please put Invoice Number on your check, Thank You
Capq Adler, P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO August 17, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 1153 -11
Inv #: 66173
RE: v. Pocono Produce
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Jul -05 -12 Receipt and review Notice of Depositions of 0.40 84.00 ARE
Joe Mazzoni and Pat Rhubart; communicate
with Linda Mazzoni re same
Jul -09 -12 Communicate with Defendant's Attorney re 0.20 42.00 ARE
discovery issues and Interrogatories
Jul -13 -12 Communicate with Joe Mazzoni and Patricia 0.30 63.00 ARE
Rhubart re depositions
Jul -17 -12 Conference call with Pat Rhubart, Joe 1.30 227.50 ARE
Mazzoni and Joe Roberts re depositions;
telephone call from Pat Rhubart re discussions
with Pocono Produce as to rebates; receipt and
review Rebate expectations worksheet;
numerous a -mails with Joe Roberts and Pat
Rhubart re rebates
Jul -18 -12 Prepare for and conduct depositions of Pat 6.30 1,102.50 ARE
Rhubart and Joe Mazzoni re charges, rebates,
fees, and audit; conference with Attorney for
Defendant re possible terms of Settlement;
travel to and from NMSC
Jul -31 -12 Communicate with Defendant's Attorney re 0.20 42.00 ARE
Defendant's offer to Settle
Totals 8.70 $1,561.00
Total Fees & Disbursements $1,561.00
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
- A
Cap° i B d s661 P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO September 18, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 1153 -11
Inv #: 66641
RE: v. Pocono Produce
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Aug -22 -12 Communicate with Defendant's Attorney re 0.20 37.00 ARE
deposition of various officers of Defendant and
scheduling of trial
Aug -28 -12 Communicate with Defendant's Attorney re 0.30 55.50 ARE
depositions of Pocono Produce officers
Aug -30 -12 Conference call with Joe Roberts and Kate Hill 1.30 240.50 ARE
re litigation and Settlement issues
Aug -31 -12 Scheduled and draft Notice of Deposition of 0.50 45.00 KJG
Rosemary Dolfsson
Totals 2.30 $378.00
DISBURSEMENTS Disbursements Receipts
Aug -31 -12 Partial Payment on Inv. 95170 200.00
Totals $200.00 $0.00
Total Fees & Disbursements $578.00
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
CapoqB I r
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 2334103 EIN #: 23- 2911821
Joseph V. Roberts, CEO October 24, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 1153 -11
Inv #: 67182
RE: v. Pocono Produce
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Sep -04 -12 Communicate with Joe Roberts re deposition, 0.30 55.50 ARE
pending trial and litigation issues
Sep -06 -12 Telephone call from Defendant's Attorney re 0.30 55.50 ARE
discovery issues
Sep -07 -12 Communicate with Joe Roberts re the Rebate 0.80 148.00 ARE
Program and litigation and discovery issues;
numerous a -mails re same
Sep -10 -12 Communicate with Attorney Norman 0.90 166.50 ARE
Greenspan re legal analysis of evidence and
litigation issues; extended telephone
conference re same; forward all relevant
discovery materials re rebates and pleadings
Sep -11 -12 Communicate with Attorney Norman 0.30 55.50 ARE
Greenspan re various discovery issues and
e -mail correspondence between NMSC and
Defendant
Sep -12 -12 Telephone call from Frank Beradelli re 0.50 92.50 ARE
pending Settlement Agreement; communicate
with Joe Roberts re same
Sep -13 -12 Communicate with Frank Besadelli re 0.80 _ 148.00 ARE
Settlement Agreement; communicate with
Defendant's Attorney re same; receipt and
review Praecipe to list case for trial;
communicate with NMSC re same
Sep -14 -12 Communicate with Frank Beardelli re terms of 0.20 37.00 ARE
payment agreement
Sep -21 -12 Communicate with Frank Berardelli re 0.40 74.00 ARE
Settlement negotiations
Sep -28 -12 Communicate with Frank Beradelli re 0.30 55.50 ARE
Settlement terms with Pocono; communicate
with Defendant's Attorney re Waterford Group
Sep -29 -12 Communicate with Frank Beradelli re 0.30 55.50 ARE
Defendant's Attorney and status of Settlement
negotiations; communicate with Defendant's
Attorney re same
Totals 5.10 $943.50
Total Fees & Disbursements $943.50
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 plumber on your check, Thank You
Ca po z #a 866 �'• C•
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO November 14, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442
File #: 1153 -11
Inv #: 67640
RE: v. Pocono Produce
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Oct -01 -12 Communicate with Frank Beradelli re 0.20 37.00 ARE
Settlement Agreement with Defendants
Totals 0.20 $37.00
DISBURSEMENTS Disbursements Receipts
Oct -29 -12 Balance Due on Inv. 95170 423.35
Totals $423.35 $0.00
Total Fees & Disbursements $460.35
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
Capon lB d 866 P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN 4: 23- 2911821
Joseph V. Roberts, CEO December 11, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 1153 -11
Inv #: 68174
RE: v. Pocono Produce
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Nov -06 -12 Receipt and review Philadelphia Trial List; 0.30 55.50 ARE
communicate with Defendant's Attorney re
same
Nov -07 -12 Communicate with Joe Roberts re Settlement 0.20 37.00 ARE
negotiations and litigation issues
Nov -16 -12 Telephone call from Attorney Mike Louis re 0.70 129.50 ARE
litigation and Settlement issues; telephone call
to Judge Harlacher re Pre -Trial Conference and
trial; communicate with Defendant's Attorney
re same
Nov -21 -12 Telephone call from Attorney Michael Louis re 0.40 74.00 ARE
discovery and deposition transcripts and other
litigation issues; communicate with Michael
Louis forwarding same and other analysis
Entry of Appearance/Withdraw of Appearance 0.20 18.00 KJG
Andrew Eisemann
Nov -26 -12 Receipt and review Court Order re new trial 0.30 55.50 ARE
date; communicate with Attorney Louis re
same
Totals 2.10 $369.50
Total Fees & Disbursements $369.50
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
Feb /25/2 Capozzi Adler, P.C. Page: 1
e Client Ledger
ALL DATES
Date Received From/Paid To Chq# - - - -- General - - - - -I Bld ----- - - - - -- Trust Activity ------ - - - - -I
Entry #__ Explanati Rec# ___Rots_ Disba Fees Inv# Acc Rcpts _ D_iabs Balance
3146 Nutrition Management Services Company
1153 -11 v. Pocono Produce Reap Lawyer: XXX
Nov /25/2011 Lawyer: ARE 0.20 Hrs X 200.00
636581 E -mails to and from Kate Hill 40.00 62053
re account and payables issue
Nov /28/2011 Lawyer: ARE 0.54 Hrs X-200.00
634399 Telephone call from Kate Hill 100.00 62053
re contract issues and pending
Complaint; strategy conference
with Philip Warholic re same
Nov /29/2011 Lawyer: ARE 2.60 Hrs X 175.00
635561 Telephone call from Kate Hill 455.00 62053
re letter to Pocono Produce
terminating Agreement;
extended conference call with
Kate Hill and auditors re
possible Complaint, audit and
breaches; revise and edit
letter to Pocono Produce
terminating services;
telephone call from Kate Hill
re same; receipt and review
audit report and Provider
agreements
Nov /30/2011 Lawyer: PCW 1.00 Hrs X 175.00'
635686 Strategy conference with Andrew 175.00 62053
Eisemann re how best t0 - -
proceed; review of client
documents
Nov /30/2011 Lawyer: ARE 0.30 Hrs X 200.00
636582 Receipt and review letter from 60.00 62053
Pocono Produce re termination
of services; e -mails to and
from Kate Hill re same
Dec/ 5/2011 Lawyer; PCW 0.50 Hrs X 175.00
634664 Strategy conference with Andrew. 87.50 62523
Eisemann re how best to
proceed; conference call with
client
Dec/ 5 /2011 Lawyer: ARE 1.00 Hrs X 200.00
637691 Communicate with Kate Hill re 200.00 62523
account and balance issues;
conference call with Kate Hill
and Joe Roberts re audits and
Complaint; strategy conference
with Philip Warholic re counts
and facts for Complaint;
receipt and review current
audit; communicate with Kate
Hill re same
Dec / 6 /2011 Lawyer: ARE 0.20 Hrs X 200.00
637707 Communicate with Kate Hill re 40.00 62523
Complaint; office conference
with Philip Warholic re same
Dec/ 7/2011 Lawyer: PCW 2.00 Hrs X 175.00
637815 Draft Complaint 350.00 62523
Dec/ 8/2011 Lawyer: PCW 1.00 Hrs X 175.00
639743 Further preparation of Complaint 175.00 62523
Dec/ 9/2011 Lawyer: ARE 1.30 Hrs X 175.00
638988 Communicate with Kate Hill re 227.50 62523
negotiations with Pocono
Produce; receipt and review
correspondence between Counsel
for Pocono and NMSC re negative
credit report and remaining
balance; conference call with
Linda Mazzoni re same and
revisions; receipt and review
same
Dec /12/2011 Billing on Invoice 62053
635981 FEES 830.00 0.00 62053
Dec /12/2011 Lawyer: PCW 0.20 Hrs X 175.00
639759 Review of demand letter from 35.00 62523
Pocono Produce's General
Counsel re balance due
Dec /13/2011 Lawyer: ARE 1.00 Hrs X 175.00
638027 Conference call with Joe 175.00 62523
Roberts and staff re meeting
with Pocono Produce and
Complaint; strategy conference
with Philip Warholic re
averments, counts and
exhibits; receipt and review
current audit
Dec /13 /2011 Lawyer: PCW 2.80 Hrs X 175.00
639765 Conference call with client and 490.00 62523
Andy Eisemann; strategy
conference with Andy Eisemann
re Complaint; legal research
into elements of tort claims
for Complaint; further
Fet /25/2013 Capozzi Adler, P.C. Page:
Client Ledger
ALL DATES
Date Received From/Paid To Chq# I - - -- General - - - - -I Bld I----------- Trust Activity - ----- - - - - -I
Entry # Expl anation Rec# Rcpts - Disbs Fees Inv# Acc Rcpts Disbs Balance
preparation of Complaint;
prepared verification; e -mail
to client attaching
verification for signature
Dec /14/2011 Prothonotary, Monroe County
637468 Filing Fee - Complaint 23956 115.75 62523
Dec /14/2011 Sheriff, Monroe County
637480 Serve Complaint 23957 150.00 62523
Dec /14/2011 Lawyer: PCW 3.80 Hrs X 175.00
639767 Review of notes from client re 665.00 62523
December 13, 2011 meeting with
Pocono Produce; office
conference with Andy $isemann
re Complaint; reviied
Complaint; preparation of ;
exhibits for attaching to
Complaint; a -mails to and from
client re draft Complaint
Dec /14/2011 Lawyer: ARE 2.70 Hrs X 175.00
640705 Revise and edit facts and 472.50 62523
Counts of Complaint; office
conference with Philip
Warholic re same; communicate
with Joe Roberts and Linda
Mazzoni re facts related to
Complaint
Dec /15/2011 Lawyer: PCW 0.30 Hrs X 175.00
639997 Telephone call to Prothonotary 52.50 62523
to confirm receipt of and
filing of complaint
Dec /21/2011 Lawyer: PCW 0.20 Hrs X 175.00
640045 Review of e -mails from client 35.00 62523
re a -mails between Pat Rhubart
and Pocono Produce over pricing
Dec /22/2011 Lawyer: ARE 0.50 Hrs X 200.00
639307 Conference call with Joe 100.00 62523
Roberts and staff re Complaint
Dec /26/2011 Lawyer: PCW 0.20 Hrs X 175.00
640102 Review of Sheriff's service 35.00 62523
return
Dec /29x12011 Lawyer: PCW 0.20 Hrs'X 175.00
60183 Communicate with client re copy- 35.00 62523
of Complaint and status
Dec /31/2011 West Payment Center
639158 Research 24026 29.71 62523
Jan/ 342012 Lawyer: PCW 0.50 Hrs X 175.00
644749 Telephone call from Defense 87.50 63026
Attorney re extension to file
response to Complaint;
communicate with Defense
Attorney re confirmation of
extension
Jan/ 4/2012 Lawyer: ARE 0.30 Hrs X 210.00
642512 Telephone call from Attorney 63.00 63026
for Pocono Produce re
Complaint and possible
Settlement; office conference
with Philip Warholic re same
Jan/ 4/2012 Lawyer: PCW 0.20 Hrs X 175.00
644751 Review of Entry of Appearance 35.00 63026
for Defense Attorney
Jan/ 5/2012 Expense Recovery
639668 County of Monroe - Sheriff 05835 - 114.45 63026
Service Fee Refund
Jan /13/2012 Lawyer: PCW 0.20 Hrs X 175.00
643394 Communicate with Defense 35.00 63026
Attorney re possible settlement
Jan /18/2012 Lawyer: PCW 0.50 Hrs X 175.00
643661 Review of Answer to Complaint 87.50 63026
with Counterclaim filed by
Defendant
Jan /20/2012 Billing on Invoice 62523
641669 FEES 3175.00 DISBS 0.00 62523
295.46
Jan /20 /2012 Lawyer: PCW 2.00 Hrs X 175.00
645162 Draft Response to New Matter 350.00 63026
and Counterclaim
Jan/22/2012 Lawyer: ARE 0.10 Hrs X 210.00
643524 Review status and actions re 21.00 63026
Defendant's Answer with New
Matter, and Counterclaim and
possible settlement
Jan/23/2012 Lawyer: PCW 1.00 Hrs X 175.00
645165 Revise Response to New Matter 175.00 63026
and Counterclaim
Jan/27/2012 FedEx
642977 Federal Express 12/14/11 24134 19.22 63026
Jan/27/2012 Lawyer: PCW 2.00 Hrs X 175.00
643665 Draft Interrogatories to 350. J0 63026
Defendant
Jan/27/2012 Lawyer: PCW 2.00 Hrs X 175.00
Feb / °5/X13 Capozzi Adler, P.C. Page: :.
Client Ledger
ALL DATES
Date Received From/Paid To Chq# - - - -- General - - - - -I Bld ----- - - - - -- Trust Activity ------ - - - - -�
Entry_#_ Rec# Rcpts Disbs Fees Inv$ Acc Rcpts Disbs Balance
643676 Draft Requests for Admissions 350.00 63026
Jae /28/2012 Lawyer: PCW 2.00 Hrs X 175.00
643766 Draft Request for Production of 350.00 63026
Documents
Feb/ 2/2012 Lawyer: PCW 0.30 Hrs X 175.00
648255 Telephone call to Joe Roberts 52.50 63522
re allegations of counterclaim
Feb/ 9/2012 Lawyer: PCW 0.30 Hrs X 175.00
650468 Telephone call from Opposing 52.50 63522
Counsel re possible Settlement
Feb /11/2012 Lawyer: PCW 0.40 ,Hrs X 175.00
650461 Review of letter from Defense 70.00 63522
Attorney re Settlement;
communicate with Joseph
Roberts re offer of Settlement
Feb /13/2012 Lawyer: PCW 1.00 Hrs X 175.00
650465 Revise Intention Interrogatories 175.00 63522
Feb /15/2012 Lawyer: PCW 0.20 Hrs X 175.00
650481 Communicate with Joe Roberts re 35.00 63522
status of review of Answer to
Counterclaim
Feb /15/2012 Lawyer: ARE 0.30 Hrs X 185.00
651494 Communicate with Linda Mazzoni 55.50 63522
re Answer to New Matter;
office conference with Philip
Warholic re same
Feb/16/2012 Lawyer: PCW 1.00 Hrs X 175.00
649143 Telephone call to Joe Roberts 175.00 63522
re response to counterclaim;
review of notes /revisions from
client
Feb /17/2012 Billing on Invoice 63026
647255 FEES 1904.00 DISBS 0.00 63026
-95.23
Feb /17/2012 Lawyer: PCW 3.50 Hrs X 175.00
650490 Telephone call to Joe Roberts 612.50 63522
and Kate Hill to discuss
Answer to Counterclaim;
revised answer to
counterclaim; e-mail finalized
draft to client for review
Feb /18/2012 Lawyer: ARE 0.10 Hrs X 210.00
650265 Strategy and Status Conference 21.00 63522
with Phil Warholic re
Defendant's Answer with New
Matter and Counterclaim and
filing of Plaintiff's Response
Feb /20/2012 Lawyer: PCW 2.50 Hrs X 175.00
650513 Review of a -mails from Joe 437.50 63522
Roberts and Kate Hill re
revisions to Answer to
Counterclaim; telephone call
from Kate Full re revisions to
Answer to Counterclaim;
finalized Answer for filing
Feb/27/2012 Lawyer: PCW 1.00 Hrs X 175.00
650411 Revise Request for Production 175.00 63522
of Documents
Feb /28/2012 Lawyer: PCW 1.20 Hrs X 175.00
650423 Revise requests for admissions; 210.00 63522
communicate with client re
Settlement
Feb /28/2012 Lawyer: PCW 0.40 Hrs X 175.00
650832 Office conference with Andrew 0.00 63522
Eisemann re Settlement and
discovery status; communicate
with Defendant's Attorney re
Settlement and discovery
Feb/29/2012 Lawyer: ARE 0.30 Hrs X 185.00
650690 "Office conference with Philip 55.50 63522
Warholic re discovery and lack
of Settlement
Feb/29/2012 Lawyer: PCW 0.70 Hrs X 175.00
651387 Review of discovery requests 122.50 63522
from Defendant's Attorney;
e -mail to client enclosing
requests
Feb;29/2012 FedEx
662485 2/20/12 - Federal Express Charge 24278 16.00 63522
Mar/ 2/2012 Lawyer: PCW 0.40 Hrs X 175.00
652311 Review of Notice of Deposition 70.00 64051
from defendant's attorney;
communicate with Defendant's
Attorney re deposition date
and location
Mar/ 7/2012 Lawyer: PCW 0.20 Hrs X 175.00
655262 Communicate with Defendant's 35.00 64051
Attorney re depositions of Joe
Roberts and Kate Hill
Mar /13/2012 Billing on Invoice 63522
652051 FEES 2249.50 DISBS 0.00 63522
FED/25/2013 Capozzi Adler, P.C. Page: 4
Client Ledger
ALL DATES
Date Received From/Paid To Chq# - - - -- General - - - - -I Bld I- ---- - - - - -- Trust Activity ------ - - - - -I
Entry .# Explanation _ _ __. Rec# _ Rcpts Disbs _. Fees Inv# Acc Rcpts Disbs Balance
16.00
Mar /19/2012 Lawyer: PCW 0.20 Hrs X 175.00
655768 Communicate with Defense 35.00 64051
Attorney re depositions of Joe
Roberts and Kate Hill
Mar /26/2012 Lawyer: PCW 0.40 Hrs X 175.00
656591 Communicate with Defense 70.00 64051
Attorney re depositions;
communicate with client re
depositions
Mar/26/2012 Lawyer: ARE 0.20 Hrs X 185.00
656997 Communicate with Joe Roberts re 37.00 64051
discovery; office conference
with Philip Warholic re same
Mar /27/2012 Lawyer: PCW 0.30 Hrs X 175.00
656576 Communicate with client re 52.50 64051
available dates for depositions
Mar/28/2012 Lawyer: PCW 5.00 Hrs X 175.00
656726 Draft responses to 875.00 64051
Interrogatories; 'telephone
call to Linda Mazzoni re
discovery responses; review of
documents from client; review
of initial answers to
Interrogatories from client;
numerous communications: with
Linda Mazzoni; telephone call
to Linda Mazzoni and Joseph
Mazzoni
Mar /29/2012 Lawyer: PCW 3.90 Hrs X 175.00
656735 Review of revisions to 682.50 64051
responses to Interrogatories;
revise response to
Interrogatories; prepared
Verifications; draft responses
to Requests for Production of
Documents; further communicate
with client re dates for
depositions and discovery
requests; review of meeting
notes from Linda Mazzoni
Mar /30/2412 Lawyer: PCW 1.00 Hrs X 175.00
65051 Letter to Defense Attorney 175.00 64051
enclosing discovery responses;
communicate with Linda Mazzoni
re new dates for depositions;
review of Notices of
Depositions from Defense
Attorney; communicate with
Linda Mazzoni re formal notices
Apr/ 4/2012 Lawyer: PCW 0.20 Hrs X 175.00
658433 Communicate with Pocono 35.00 64622
Produce's Attorney re response
to Requests for Production of
Documents
Apr / 6/2012 Lawyer: PCW 0.20 Hrs X 175.00
659293 Communicate with Linda Mazzoni 35.00 64622
re document production
Apr/ 9/2012 Lawyer: PCW 0.20 Hrs X 175.00
659302 Communicate with Linda Mazzoni 35.00 64622
re deposition notices
Apr /11/2012 Lawyer: PCW 0.40 Hrs X 175.00
662310 Communicate with Pocono's 70.00 64622
Attorney re status of Requests
for Production of Documents;
review of all documents sent
by client to transfer to disk
to ensure objected to
documents were not forwarded
Apr /12/2012 Lawyer: PCW 0.50 Hrs X 175.00
662317 Communicate with Linda Mazzoni 87.50 64622
re documents to be produced to
Defendant Attorney; office
conference with Key Gill re
compiling and sending
information for response to
Request for Production of
Documents
Apr /18/2012 Billing on Invoice 64051
659074 FEES 2032.00 0.00 64051
Apr /21 /2012 Lawyer: PCW 0.20 Hrs X 175.00
660887 Strategy conference with Andrew 35.00 64622
Eisemann re proceeding with
matter and current status
Apr /21/2012 Lawyer: ARE 0.10 Hrs X 210.00
662142 Strategy and status conference 21.00 64622
with Phil Warholic re filing
of Plaintiff's Response to New
Matter and formal discovery
Apr/26/2012 Lawyer: PCW 0.30 Hrs X 175.00
661164 Telephone call from Linda 52.50 64622
Feb /25/2013 Capozzi Adler, P.C. Page: 5
Client Ledger
ALL DATES
Date Received From/Paid To Chq# - - - -- General - - - - -I Bld I----- - - - - -- Trust Activity ------ - - - - -I
Entry # _Explanation Rec# Rcpts_ _ Disbs Fees Inv# Acc Repts Disba Balance
Ma>_zoni re depositions of Joe
Roberts and Kate Hill
Apr /27/2012 Lawyer: PCW 0.20 Hrs X 175.00
661860 Communicate with .Kate Hill re 35.00 64622
deposition
Apr /29/2012 Lawyer: PCW 4.00 Hrs X 175.00
661872 Review of file and prepared for 700.00 64622
Joe Roberts and Kate Hill's
depositions
Apr /30/2012 PedEx
661403 4/13/12 - Delivery Charges 24504 16.36 64622
Apr /30/2012 Lawyer: PCW 0.40 Hrs X 175.00
662795 Numerous communications with 70.00 64622
Opposing Counsel re depositions
May/ 1/2012 Lawyer: PCW 1.10 Hrs X 1'75.00
668203 Communicate with Linda Mazzoni 192.50 65186
re depositions of Joe Roberts
and Kate Hill; telephone call
from Kate Hill re rescheduling
of depositions; telephone call
to Opposing Counsel re
rescheduling of depositions;
telephone call to Kate Hill re
rescheduled depositions
May/ 2/2012 Lawyer: PCW 0.40 Hrs X 175.00
668205 Communicate with Kate Fill re 70.00 65'_86
rescheduling of deposition;
communicate with Opposing
Counsel re new deposition date
for Kate Hill
May/ 3/2012 Lawyer: PCW 0.20 Hrs X 175.00
668213 Communicate with client re 35.00 65186
deposition rescheduling for
Joe Roberts
May/ 4/2012 Lawyer: PCW 0.40 Hrs X 175.00
667230 Communicate with client re new 70.00 65186
deposition date for Joe
Roberts; communicate with
Opposing Counsel re same
May/ 7/2012 Lawyer: PCW 1.20 Hrs X 175.00
663423 Telephone conference with Kate 210.00 65186
Hill re preparation for
deposition; communicate with
Linda Mazzoni re rescheduled
deposition for Joe Roberts
May/ 8/2012 Lawyer: PCW 10.00 Hrs X 175.00
663752 Travel to and attended Pocono 1750.00 65186
Produce's deposition of Kate
Hill Philadelphia
May / 9/2012 Lawyer: PCW 0.20 Hrs X 175.00
668217 Communicate with Opposing 35.00 65186
Counsel re rescheduled date
for deposition of Joe Roberts
May /10/2012 Lawyer: PCW 0.20 Hrs X 175.00
664142 Office conference with Andrew 35.00 65186
Eisemann re rescheduling of
deposition of Joe Roberts
May /10/2012 Lawyer: ARE 0.30 Hrs X 210.00
666955 Strategy conference with Philip 63.00 65186
Warholic re discovery issues
and depositions
May /15/2012 Lawyer; PCW 0.40 Hrs X 175.00
668093 Communicate with Opposing 70.00 65186
Counsel re depositions for Joe
Roberts and Pat Rhubart;
communicate with client re
depositions and further
document production
May /18/2012 Billing on Invoice 64622
665150 FEES 117.6.00 DISBS 0.00 64622
16.36
May /18/2012 Lawyer: PCW 0.20 Hrs X 175.00
668106 Communicate with Opposing 35.00 65186
Counsel re additional document
production status
May /19/2012 Lawyer: ARE 0.10 Hrs X 210.00
668855 Strategy and Status Conference 21.00 65186
with Phil Warholic re filing
of Plaintiff's Response to New
Matter and formal discovery
May /22/2012 Lawyer: PCW 0.40 Hrs X 175.00
666506 Communicate with client re 70.00 65186
deposition for Pat Rhubart;
communicate with Pocono's
Attorney re depositions and
documents requests
May/23/2012 Philip C. Warholic
665746 5/08/12 - Travel Expenses - PCW 24609 158.36 65186
May/23/2012 Lawyer: PCW 1.00 Hrs X 175.00
668134 Review of additional e -mails 175.00 65186
from Kate Hill; communicate
Feb /25/2013 Capozzi Adler, P.C. gage: c
Client Ledger
ALL DATES
Date Received From/Paid To Chq# I - ---- General - - - - -I Bld I---- - - - - --- Trust Activity ------ -- ---I
Entry _.# Explanation Rae # Rcpts Diabs Fees Inv# Ace Rcpts Diabs Balance
with Key Gill re forwarding
additional discovery documents
to Opposing Counsel
May /23/2012 Magna Legal Services, LLC
672882 Transcript - Kate 'Hill 723.35 65448
May /29/2012 Lawyer: ARE 0.20 Hrs X 210.00
668687 Communicate with Kate Hill re 42.00 65186
litigation and discovery
Jun/ 5/2012 Lawyer: ARE 0.30 Hrs X 210.00
671461 Communicate with Defendant's 63.00 65748
Attorney re depositions;
communicate with Linda Mazzoni
re deposition of Pat Rhubart
Jun/ 6/2012 Lawyer: ARE 2.80 Hrs X 210.00
674142 Communicate with Linda Mazzoni 588.00 65748
re deposition; review
pleadings, exhibits and
discovery material for Joe
Roberts Deposition; conference
call with Joe Roberts, Kate
Hill and Joe Mazzoni in
preparation for deposition
Jun/ 7/2012 Lawyer: ARE 5.20 Hrs X 210.00
669902 Conduct deposition of Joe 1092.00 65748
Roberts; receipt and review
letter from Steve Gintowt re
Reinhart Food Service
Jun/ 7/2012 Expense Recovery
671353 Travel Expenses - LJC 05887 157.62 65748
Jun/ 8/2012 Lawyer: ARE 0.30 Hrs X 210.00
671832 Telephone call from Defendant's 63.00 65748
Attorney re possible terms of
Settlement Agreement
Jun /13/2012 Billing on Invoice 65186
670321 FEES 2873.50 DISBS 0.00 65186
158.36
Jun /13/2012 Lawyer: ARE 0.20 Hrs X 210.00
670828 Communicate with Attorney for 42.00 65748
Pocono Produce re initial
offer for Settlement and
depositions
Jun /14/2012 Lawyer: ARE 0.40 Hrs X 210.00
670860 Telephone call from Attorney 84.00 65748
for Pocono Produce re
depositions of Pat Rhubert and
Abe Mazzoni and possible terms
of Settlement Agreement;
communicate with Linda Mazzoni
re scheduling
Jun /15/2012 Lawyer: ARE 0.20 Hrs X 210.00
672518 Communicate with Defendant's 42.00 65748
Attorney re depositions of Joe
Mazzoni and Pat Rhubart
Jun/25/2012 Lawyer: ARE 0.50 Hrs X 210.00
674159 Communicate with Pat Rhubart 105.00 65748
and Joe Mazzoni re deposition;
revise and edit Motion to
Extend Discovery Deadline
Jun/28/2C12 Lawyer; ARE 0.30 Hrs X 210.00
672865 Communicate with Defendant's 63.00 65748
Attorney re depositions of Joe
Mazzoni and Pat Rhubart;
communicate with Linda Mazzoni
re same
Jun/29/2012 Billing on Invoice 65448
672883 DISBS 723.35 0.00 65448
Jun/29/2012 Nutrition Management Services Co.
673163 PMT - Check No. 6218 Inv. 62523 49592 500.00
Jun/29/2012 Lawyer: ARE 0.30 Hrs X 210.00
674177 Communicate with Attorney for 63.00 65748
Defendants re dates for
depositions of Joe Mazzoni and
Pat Rhubart; communicate with
Linda Mazzoni re same
Jul/ 5/2012 Lawyer: ARE 0.40 Hrs X 210.00
676717 Receipt and review Notice of 84.00 66173
Depositions of Joe Mazzoni and
Pat Rhubart; communicate with
Linda Mazzoni re same
Jul/ 9/2012 Lawyer: ARE 0.20 Hrs X 210.00
677987 Communicate witt. Defendant's 42.00 66173
Attorney re discovery issues
and Interrogatories
Jul/13/2012 Lawyer: ARE 0.30 Hrs X 210.00
678060 Communicate with Joe Mazzoni 63.00 66173
and Patricia Rhubart re
depositions
Jul/17/2012 Lawyer: ARE 1.30 Hrs X 175.00
680107 Conference call with Pat 227.50 66173
Rhubart, Joe Mazzoni and Joe
Roberts re depositions;
Feb /25/2013 Capozzi Adler, P.C. Page:
Client Ledger
ALL DATES
Date Received from/Paid To Chq# I ----- General - - - - -I Bld I----- - - - - -- Trust Activity - ----- - - - - -I
Entry #_ Explanation Rec# Rcpta Disbs Fees Inv# Acc Rcpts Diabs Balance
telephone call from Pat
Rhubart re discussions with
Pocono Produce as to rebates;
receipt and review Rebate
expectations worksheet;
numerous e -mails with Joe
Roberts and Pat Rhubart re
rebates
Jul/18/2012 Lawyer; ARE 6.30 Hrs X 175.00
680110 Prepare for and conduct 1102.50 66173
depositions of Pat Rhubart and
Joe. Mazzoni re charges,
rebates, fees, and audit;
conference with Attorney for
Defendant re possible terms of
Settlement; travel to and from
NMSC
Jul/19/2012 Billing on Invoice 65746
676117 FEES 2205.00 DISBS 0.00 65748
157.62
Jul/31/2012 Lawyer: ARE 0.20 Hrs X 210.00
679935 Communicate with Defendant's 42.00 66173
Attorney re Defendant's offer
to Settle
Aug /17/2012 Billing on Invoice 66173
681295 FEES 1561.00 0.00 66173
Aug/22/2012 Lawyer: ARE 0.20 Hrs X 185.00
682924 Communicate with Defendant's 37.00 66641
Attorney re deposition of
various officers of Defendant
and scheduling of trial
Aug/28/2012 Lawyer: ARE 0.30 Hrs X 185.00
683767 Communicate with Defendant's 55.50 66641
Attorney re depositions of
Pocono Produce officers
Aug /30/2012 Nutrition Management Services Co.
683973 PMT - Check No. 6661 Inv. 62523 50521 375.00
Aug /30/2012 Lawyer: ARE 1.30 Hrs X 185.00
684203 Conference call with Joe 240.50 66641
Roberts and Kate Hill re
litigation and Settlement
issues
Aug /.- 31'1.+41012 Magna Legal Services'
"1683407 Partial Payment on Inv. 95170 25324 200.00 66641
Aug /31/2012 Lawyer: KJG 0.50 Hrs X 90.00
684414 Scheduled and draft Notice of 45.00 66641
Deposition of Rosemary Dolfsson
Sep /:412,012 Lawyer: ARE 0.30 Hrs X 185.00
684925 Communicate with Joe Roberts re 55.50 67182
deposition, pending trial and
litigation issues
Sep/ 6/2012 Lawyer: ARE 0.30 Hrs X 185.00
664953 Telephone call from Defendant's 55.50 67182
Attorney re discovery issues
Sep/ 7/2012 Lawyer; ARE 0.80 Hrs X 185.00
684965 Communicate with Joe Roberts re 148.00 67182
the Rebate Program and
litigation and discovery
issues; numerous a -mails re
same
Sep /10/2012 Lawyer: ARE 0.90 Hrs X 185.00
686366 Communicate with Attorney 166.50 67182
Norman Greenspan re legal
analysis of evidence and
litigation issues; extended
telephone conference re same;
forward all relevant discovery
materials re rebates and
pleadings
Sep /11/2012 Lawyer: ARE 0.30 Hrs X 185.00
686391 Communicate with Attorney 55.50 67182
Norman Greenspan re various
discovery issues and e-mail
correspondence between NMSC
and Defendant
Sep /12/2012 Lawyer: ARE 0.50 Hrs X 185.00
686399 Telephone call from Frank 92.50 671.82
Beradelli re pending
Settlement Agreement;
communicate with Joe Roberts
re same
Sep/13/2012 Lawyer: ARE 0.80 Hrs X 185.00
689220 Communicate with Frank 148.00 67182
Besadelli re Settlement
Agreement; communicate with
Defendant's Attorney re same;
receipt and review Praecipe to
list case for trial;
communicate with NMSC re same
Sep /14/2012 Lawyer: ARE 0.20 Hrs X 165.00
686928 Communicate with Frank 37.00 67182
Feb /2 5/2013 Capozzi Adler, P.C. Page: 8
Client Ledger
ALL DATES
Date Received From/Paid To Chq# I----- General - - - - - Bld I----- ------ Trust Activity ------ - - - - -
Entry #_ Explanat Roo# Rcpt s_ Disbs Fees Inv# Acc Rcpts Disbs Balance
Beardelli re terms of payment
agreement
Sep /18/2012 Billing on Invoice 66641
686057 FEES- 378.00 DISBS 0.00 66641
200.00
Sep /21/2012 Lawyer: ARE 0.40 Hrs X 185.00
6BB411 Communicate with Frank 74.00 67162
Berardelli re Settlement
negotiations
Sep/28/2012 Lawyer: ARE 0.30 Hrs X!185.00
688942 Communicate with Frank 55.50 67162
Beradelli re Settlement terms
with Pocono; communicate with
Defendant's Attorney re
Waterford Group
Sep/29/2012 Lawyer: ARE 0.30 Hrs X 185.00
688945 Communicate with Frank 55.50 67182
Beradelli re Defendant's
Attorney and status of
Settlement negotiations;
communicate with Defendant's
Attorney re same
Oct/ 1/2012 Lawyer: ARE 0.20 Hrs X 185.00
690357 Communicate with Frank 37.00 67640
Beradelli re Settlement
Agreement with Defendants
Oct/24/2012 Billing on Invoice 67182
691793 FEES 943.50 0.00 6718
Oct/25/2012 Nutrition Management Services Co.
692497 PMT - Check No. 6992 Inv. 62523 51550 1000.00
Oct/29/2012 Magna Legal Services
692512 Balance Due on Inv. 95170 25542 423.35 67640
Oct/31/2012 Nutrition Management Services Co.
693229 PMT - Check No. 7024 Inv. 62523 51592 1000.00
Nov/ 6/2012 Lawyer: ARE 0.30 Hrs X 185.00
697255 Receipt and review Philadelphia 55.50 68174
Trial List; communicate with
Defendant's Attorney re same
Nov / 7/2012 Lawyer: ARE 0.20 Hrs X 185.00
697267 Communicate with Joe Roberts re 37.00 68174
Settlement`,negotiations and
litigation issues
Nov /14/2012 Billing on Invoice 67640
696892 FEES 37.00 DISBS 0.00 67640
423.35
Nov /16/2012 Lawyer: ARE 0.70 Hrs X 185.00
701145 Telephone call from Attorney 129.50 68174
Mike Louis 're litigation and
Settlement issues; telephone
call to Judge Harlacher re
Pre -Trial Conference and
trial; communicate with
Defendant's Attorney re same
Nov /21/2012 Lawyer: ARE 0.40 Hrs X 185.00
699016 Telephone call from Attorney 74.00 68174
Michael Louis re discovery and
deposition transcripts and
other litigation issues;
communicate with Michael Louis
forwarding same and other
analysis
Nov /21/2012 Lawyer: KJG 0.20 Hrs X 90.00
700426 Entry of Appearance /Withdraw of 18.00 68174
Appearance `Andrew - Eisemann
Nov/26/2012 Lawyer: ARE 0.30 Hrs X 185.00
699038 Receipt and review Court Order 55.50 68174
re new trial date; communicate
with Attorney Louis re same
Nov/27/2012 Nutrition Management Services Co.
699467 PMT - Check No. 7181 Inv. 62523 51880 500.00
Dec /11/2012 Billing on Invoice 68174
702588 FEES 369.50 0.00 68174
UNBILLED - BILLED - - - - - -- 1 - -- BALANCES - _ --
TOTALS CHE + RECOV + FEES = TOTAL DISBS + FEES + TAX - RECEIPTS = A/R TRUST
PERIOD 0.00 0.00 0.00 0.00 1895.27 19734.00 0.00 3375.00 18254.2"' 0.00
END DATE 0.00 0.00 0.00 0.00 1895.27 19734.00 0.00 3375.00 1854.2" 0.00
UNBILLED I BILLED -- - - -- - BALANCES - - - --
FIRM TOTAL CHE + RECOV + FEES = TOTAL DISBS + FEES + TAX - RECEIPTS = A/R TRUST
PERIOD 0.00 0.00 0.00 0.00 1895.27 19734.00 0.00 3375.00 18254.27 0.00
END DATE 0.00 0.00 0.00 0.00 1895.27 19734.00 0.00 3375.00 18254.27 0.00
REPORT SELECTIONS - Client Ledger
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ALL DATES
Date Received From/Paid To Chq# I - - - -- General - - - - -I Bld I---- - --- - -- Trust Activity ------ -- - - -I
Entry # Rec# Rcpts Disbs Fees Inv# Acc Rcpts Disbs Balance
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Entries Shown - Billed Only No
Entries Shown - Disbursements Yes
Entries Shown - Receipts Yes
Entries Shown - Time or Fees Yes
Entries Shown - Trust Yes
Incl. Matters with Retainer Bal. No
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Capoz# d 8b6� P.C.
Harrisburg, PA 17110
Ph:(717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO November 17, 2011
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 989 -11
Inv #: 61533
RE: Miscellaneous
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Oct -05 -11 Receipt and review docket report re PHI 0.30 60.00 ARE
litigation; e-mail to and from Kate Hill re same
Oct -06 -11 Telephone call from Kate hill re PHI litigation 1.20 210.00 ARE
docket report and Complaint from Attorney
Epstein's law firm; telephone call from
Attorney Mooney re same; telephone call from
Kate Hill re courses of action as to PHI
Oct -07 -11 Telephone call from Kate Hill re litigation with 0.60 120.00 ARE
Alan Epstein; telephone call from Attorney
Mooney re same
Oct -11 -11 E -mails to and from Kate Hill re Presbyterian 0.70 122.50 ARE
Homes litigation and statute of litigation;
receipt and review Amended Complaint
Oct -18 -11 Review of Complaint; draft memo to Andrew 0.30 75.00 LJC
Eisemann re same
Oct -19 -11 Receipt and review Complaint re HRC v 0.50 87.50 ARE
NMSC; office conference with Philip Warholic
re same; a -mails to and form Linda Mazzoni re
same
Totals 3.60 $675.00 a._.
EXHIBIT
Total Fees & Disbursements $675.00
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
Cap oz�iB d 8e�r, P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO December 12, 2011
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 989 -11
Inv #: 62050
RE: Miscellaneous
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Nov -07 -11 E -mails to and from Kate Hill and Pete 0.40 70.00 ARE
Mooney re Allan Epstein litigation
Nov -08 -11 E -mail to Attorney for Presby Homes re status 0.30 52.50 ARE
of offer to settle dispute
Conference call with Joe Roberts, Kate Hill 0.50 87.50 ARE
and Linda Mazzoni re Pocono Produce and
specter litigation
Nov -14 -11 E -mails to and from Attorney for Presby 0.30 60.00 ARE
Homes re offer to settle; a -mails to and from
Joe Roberts re same
Nov -16 -11 E -mails to and from Joe Roberts and Linda 0.90 180.00 ARE
Mazzoni re termination of PHI contracts and
litigation issues; telephone call to Joe Roberts
re fraud claim and possible action against
former Attorney
E -mails from and to Andrew Eisemann and Joe 0.30 75.00 BGB
Roberts re drafting Medicare/Medicaid Fraud
Complaint; conference call with Andrew
Eisemann and Joe Roberts re possible legal
malpractice action instead
Nov -25 -11 E -mails to and from Kate Hill re Presby 0.20 40.00 ARE
Homes Inc., Judgment and Statute of
Limitations
Totals 2.90 $565.00
Total Fees & Disbursements $565.00
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
CapoV s d 866 P.C.
Harrisburg, PA 17110
Ph:(717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO February 17, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 989 -11
Inv #: 63024
RE: Miscellaneous
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Jan-03 -12 Revise and edit Joe Roberts' Affidavit re Kane 1.60 336.00 ARE
v Platinum litigation; communicate with Steve
Lentz re Santa Teresita Agreement; receipt and
review current version of Agreement;
communicate with Linda Mazzoni re Affidavit
and scheduled deposition in Helen Kane
litigation
Created Affidavit of Joseph Roberts re Helen 0.50 45.00 KJG
Kane litigation
Jan-04 -12 Receipt and review Affidavit in Kane v 0.70 129.50 ARE
Platinum litigation; communicate with
Attorney for Kane re same and deposition;
communicate with Key Gill re Presby Home
trial transcript
Jan-05 -12 Receipt and review subpoena issued by 0.70 129.50 ARE
Defendant Global re Helen Kane litigation;
communicate with Attorney for Global re
affidavit and subpoena
Created response to Auditors re 1.00 90.00 KJG
pending/threatening litigation
` Tan -06 -12 Revise and edit Auditor Response Report; 2.00 370.00 ARE
communicate with Attorney for Platinum re
withdrawal of subpoena in Helen Kane
litigation; communicate with Joe Roberts re
Ill WV1VG IT. VJVG'T 1 GLb'�. a a �. va uuay a i c.vaa.
same; communicate with Kate Hill re
Collegeville Inn Property Notice; receipt and
review tax notice; communicate with Craig
Adler re same; communicate with Peter
Mooney re Specter Gaden litigation;
communicate with Managing Partner of
Specter Gaden Law Firm re litigation and
payment plan; communicate with Kate Hill re
same
Review of response to Auditor letter; e-mail to 0.40 70.00 PCW
Key Gill re revisions to response
Jan -10 -12 Telephone call from Steve Gadon re terms of 1.00 210.00 ARE
Settlement Agreement in Specter Gadon v
NMSC litigation; communicate with Kate Hill
re same; e-mail to and from Steve Gadon re
Settlement Agreement
Jan-11 -12 Telephone call from Steve Gadon re 1.00 185.00 ARE
Settlement Agreement between NMSC and
Spector Gadon; communicate with Kate Hill
and Steve Gadon re same; communicate with
Steve Lentz re Santa Teresita contract
Jan-12 -12 Communicate with attorney Dugan re 1.50 277.50 ARE
Settlement Agreement; communicate with
Attorney Mooney re same; receipt and review
Settlement Agreement and Promissory Note;
communicate with Kate Hill and Joe Roberst
re same
Receipt and review of draft letter to Auditors; 0.50 137.50 DRR
approved for distribution
Jan-13 -12 Communicate with Attorney Dugan re 1.00 185.00 ARE
Settlement Agreement and Note; telephone call
from Kate Hill re same; telephone call from
Attorney Dugan re Note; communicate with
Kate Hill re terms of Settlement Agreement
Jan-16 -12 Communicate with Attorney for Spector 1.00 185.00 ARE
Gadon re terms of revised Settlement
Agreement and Note; receipt and review same;
communicate with Kate Hill re same
Jan-17 -12 Telephone call from Attorney for Spector 0.50 105.00 ARE
Gadon re Settlement Agreement; communicate
with Kate Hill re same
Jan-18-12 Communicate with Kate Hill re Settlement 0.60 111.00 ARE
Agreement with Spector Gadon; communicate
with Attorney Dugan re same
Jan-19 -12 Communicate with Kate Hill and Plaintiffs 1.60 296.00 ARE
Attorney re Settlement Agreement and note;
revise and edit same re final review and
execution; forward to Attorney Dugan;
communicate with Linda Mazzoni re subpoena
issued in Dill v Sanders House litigation;
receipt and review same
Jan-20 -12 Communicate with Linda Mazzoni re 1.00 185.00 ARE
Subpoena in Debra Dill litigation; receipt and
review employment packet; communicate with
Linda Mazzoni re Response to Subpoena
Jan-23 -12 Communicate with Joseph Roberts re 0.70 129.50 ARE
acquisition of company and contracts in
Dallas, TX; office conference with Craig Adler
re same; communicate with Attorney for
Spector Gadon re status of Settlement
Agreement; communicate with Linda Mazzoni
re Debra Dill subpoena
Jan-24 -12 Telephone call to Attorney for Debra Dill re 0.80 168.00 ARE
subpoena documents; communicate with Linda
Mazzoni re response to subpoena;
communicate with Joe Roberts and Craig
Adler re Agreement of Sale of company in
Dallas
Jan-25 -12 Communicate with Linda Mazzoni re 0.30 55.50 ARE
subpoena in Debra Dill litigation .
Jan-26 -12 Communicate with Joe Roberts re lien or 2.70 499.50 ARE
mortgage against Ocean 7; receipt and review
search report; dictate instructions to satisfy
lien; telephone call to Linda Mazzoni re
response to Debra Dill subpoena; receipt and
review trial transcript of NMSC v PHI re
possible malpractice claim; communicate with
Joe Roberts re same
Searched Chester County records re Mortgage 0.20 18.00 KJG
Jan-27 -12 Communicate with Steve Lentz re Agreement 0.30 55.50 ARE
with Santa Teresita -
r au .a..avv .. v.i vs,.� a ta�v - r a �.vauua a r, vvav
Letter to Chester County requesting copy of 0.10 9.00 KJG
Mortgage
Jan -30 -12 Office conference with Craig Adler re appeal 0.20 42.00 ARE
of tax assessment and Collegeville
Jan-31 -12 Communicate with Kate Hill re Spector Gadon 1.50 277.50 ARE
payments and Settlement Agreement;
communicate with Kate Hill re Collegeville
property transfer; office conference with Craig
Adler re same; review final draft of Agreement
with Santa Teresita; communicate with Steve
Lentz re same
Totals 23.40 $4,301.50
DISBURSEMENTS Disbursements Receipts
Jan-04 -12 Transcript 65.50
Totals $65.50 $0.00
Total Fees & Disbursements $4,367.00
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
Capoz6is d 866 P C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO March 13, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 989 -11
Inv #: 63520
RE: Miscellaneous
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Feb -03 -12 Communicate with Linda Mazzoni re lien on 0.20 42.00 ARE
Ocean 7
Feb -07 -12 Dictate instructions re property search of 0.70 147.00 ARE
Ocean 7; communicate with Kate Hill re same;
communicate with attorney Mooney re
Settlement Agreement and Discontinuance of
Action
Feb -08 -12 Communicate with Kate Hill re Settlement in 2.10 441.00 ARE
Erisa Fund dispute; conference call with Kate
Hill re terms of Settlement Agreement;
conference call with Kate Hill and New York
Attorney re same; communicate with Kate Hill
re payments to Melissa Brown; research and
calculate payments from account
Review e-mail from Andrew Eisemann re 0.30 75.00 BGB
resolution of dispute with Union Fund; office
conference with Andrew Eisemann re response
to same; telephone conference with Andrew
Eisemann and clients re same
Feb -09 -12 Communicate with Attorney Mooney re 0.60 126.00 ARE
discontinuance of Spector Gadon litigation;
communicate with ita"ie Hill and Bruce Baron
re MA cuts in NY and letter to Union re
Hebrew Hospital
Feb -10 -12 Communicate with Kate Hill and Devora 0.40 84.00 ARE
Lindeman re Union Trust Settlement
Agreement
Feb -15 -12 Communicate with Attorney for Spector 1.50 277.50 ARE
Gadon and Kate Hill re payment; receipt and
review letter from Attorney Lindeman re
Settlement Agreement with Union for Hebrew
Hospital; communicate with Kate Hill re same;
revise and edit letter to Geffner
Feb -16 -12 Communicate with Attorney for Spector 1.80 378.00 ARE
Gadon and Kate Hill re payment of Settlement
Agreement; communicate with Linda Mazzoni
re liquor license from Collegeville;
communicate with Paul Van Fleet re same;
revise and edit letter to Union for Hebrew
Hospital in NY; communicate with Kate Hill
re same
Feb -17 -12 Exchange of a -mails with Kate Hill re Hebrew 0.40 84.00 ARE
Hospital; receipt and review revised letter
from Attorney Lindeman to Union for Hebrew
Hospital
Feb -21 -12 Receipt and review Mortgage between Ocean 1.00 185.00 ARE
7 and NMSC; communicate with Kate Hill re
same; communicate with Kate Hill re Union
Settlement Agreement
Feb -22 -12 Communicate with Joe Roberts re Mortgage 0.40 74.00 ARE
with Ocean 7 and Satisfaction piece
Feb -23 -12 Conference call with Joe Roberts and Linda 1.70 357.00 ARE
Mazzoni re Mortgage with Ocean 7; letter to
Walter Dunmore re Mortgage; dictate
satisfaction piece; communicate with Linda
Mazzoni re tax liabilities; receipt and review
Notices from PA and MA
Created Satisfaction piece: Ocean 7 0.50 45.00 KJG
Feb -24 -12 Revise and edit letter to Walter Dunsmore re 1.90 399.00 ARE
Mortgage; revise and edit Satisfaction piece to
satisfy the Mortgage; communicate with
Devora Lindeman and Kate Hill re Union
Settlement Agreement; telephone call from
Kate Hill re tax claims and union dispute;
communicate with Joe Roberts re Ocean 7
Mortgage
'jll V VIVV TT. VJ✓LV 1G�'V J 1YlGL1 Vll 1J, LV 1G
Feb -27 -12 Exchange of a -mails with Devora Lindeman 0.30 55.50 ARE
and Kate Hill re Settlement Agreement with
Union
Feb -28 -12 Communicate with Joe Roberts re possible 2.00 370.00 ARE
claim against David Outtrim; communicate
with Kate Hill re Settlement Agreement
Hebrew Hospital and Union in NY, receipt and
review DJ execution and levy re Anchor Fire
Protection documents; communicate with
Linda Mazzoni re same; telephone call to DJ's
office re procedural status and history of
Anchor Fire Protection litigation
Feb -29 -12 Telephone call to DJ office re Service of 1.90 351.50 ARE
Complaint, Hearing and execution;
communicate with Linda Mazzoni re same;
telephone call from Kate Hill re Union;
conference call with Joe Roberts and Kate Hill
re Settlement Agreement with Union for
Hebrew hospital; telephone call to Devora
Lindeman re same receipt and review Union
Contract
Totals 17.70 $3,491.50
DISBURSEMENTS Disbursements Receipts
Feb -02 -12 Mortgage Copies (Ocean 7) 40.00
Totals $40.00 $0.00
Total Fees & Disbursements $3,531.50
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
Cap gia d866� P. C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO April 18, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 989 -11
Inv #: 64049
RE: Miscellaneous
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Mar -02 -12 Communicate with Joe Roberts re Mortgage 0.20 42.00 ARE
lien
Mar -05 -12 Communicate with Joe Roberts re Settlement 0.60 0.00 ARE
with Union in New York; exchange of a -mails
with Devora Lindeman re same and confession
of Judgment clause (N /C)
Mar -06 -12 Communicate with Joe Roberts re 0.40 74.00 ARE
Investigation report by Auditors; receipt and
review same
Mar -08 -12 Office conference with Craig Adler and 0.50 87.50 PVF
Andrew Eisemann; review e-mail from
Andrew Eisemann
Mar -09 -12 Travel to and from NMSC to attend Board 2.00 3.70 ARE
Meeting; attend Board meeting; telephone call
from Joe Roberts re Settlement agreement with
Union + 32 BJ; receipt and review Court Order
Discuss Agenda Items (N /C) 2.00 0.00 ARE
Mar -12 -12 Telephone call from Joe Roberts re Union 0.50 105.00 ARE
negotiations and David Outtrim; communicate
with Linda Mazzoni re Auditor Investigation
Report
Mar -14 -12 Strategy conference with Philip Warholic re 0.70 147.00 ARE
removal of all litigation from Chester
County docket report; office conference with
Philip Warholic re results of research;
telephone call from Joe Roberts renegotiations
with Union Trust
Office conference with Andrew Eisemann re 2.00 350.00 PCW
Judgment appearing on audit; review of
abstract from auditor letter re judgments; legal
research into Chester County dockets; office
conference with Andrew Eisemann re findings
regarding docket searches; communicate with
Linda Mazzoni re findings
Mar -15 -12 Telephone call from Joe Roberts re final terms 1.50 315.00 ARE
of Settlement Agreement with Union in NY,
communicate with Devora Lindeman re same
and report to Court; telephone call from
Devora Lindeman re same; exchange of
e -mails with NMSC and Devora Lindeman re
Settlement
Mar -16 -12 Communicate with Joe Roberts re Settlement 2.00 370.00 ARE
Agreement with Union in NY, telephone call
from Joe Roberts re same; telephone call to
Devora Kindeman re terms of Settlement
Agreement; numerous e-mail exchanges re
terms of Settlement Agreement
Mar -19 -12 Exchange of a -mails with Joe Roberts and 0.80 148.00 ARE
Devora Lindeman re Settlement Agreement
with Union
Mar -20 -12 Receipt and review revised Settlement 1.00 210.00 ARE
Agreement with Union; communicate with Joe
Roberts and Devora Lindeman re same;
telephone call to Devora Lindeman re various
Settlement Agreement terms; telephone call
from Joe Roberts re same
Communicate with Linda Mazzoni re 0.20 35.00 PCW
Judgment appearing on audit
Mar -21 -12 Communicate with Attorney Lindeman re 0.30 55.50 ARE
terms of Settlement Agreement with Union
Mar -22 -12 Communicate with Joe Roberts and Devora 0.70 147.00 ARE
Lindeman re terms of Settlement Agreement
Mar -23 -12 Communicate with Attorney Lindeman re 0.30 55.50 ARE
terms of Settlement Agreement; communicate
with Attorney for Union
Mar -29 -12 Communicate with Devora Lindeman re final 0.20 42.00 ARE
terms of Settlement Agreement
Mar -30 -12 Communicate with Devora Lindeman re 0.70 147.00 ARE
payment and Release language of Settlement
Agreement with Union; conference with Kate
Hill re same
Totals 16.60 $2,334.20
DISBURSEMENTS Disbursements Receipts
Mar -09 -12 Travel Expenses - ARE 135.42
Totals $135.42 $0.00
Total Fees & Disbursements $2,469.62
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
CapoqB d ge P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO May 18, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442
File #: 989 -11
Inv #: 64620
RE: Miscellaneous
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Apr -02 -12 Communicate with Kate Hill re employee 0.40 74.00 ARE
resignation in California; communicate with
Attorney Lindeman re Union Settlement
Agreement
Apr -03 -12 Communicate with Attorney Lindeman re final 1.00 185.00 ARE
Settlement Agreement; receipt and review
same; communicate with Joe Roberts re
execution of Settlement Agreement and
payment instructions
Apr -04 -12 Communicate with Linda Mazzoni re final 0.30 55.50 ARE
terms of Settlement Agreement and execution
Apr -06 -12 Communicate with Attorney Lindeman re 0.20 37.00 ARE
execution of Settlement Agreement and status
of Discontinuance
Apr -09 -12 Communicate with Linda Mazzoni and Devora 0.30 55.50 ARE
Lindeman re Settlement Agreement and
payment
Apr -10 -12 Communicate with Attorney Lindeman re 0.20 37.00 ARE
execution of Settlement Agreement
Apr -11 -12 Communicate with Devora Lindeman re 0.30 55.50 ARE
execution of Settlement Agreement;
communicate with Linda Mazzoni re same
Apr -12 -12 Communicate with Devora Lindeman re North 0.40 74.00 ARE
Pension Fund arbitration; receipt and review
Confidentiality Agreement re Food Service
Partners
Apr -13 -12 Communicate with Devora Lindeman re 0.30 55.50 ARE
Health Insurance litigation, pension fund
litigation and status of 32BJ Pension Fund
Attorney
Apr -16 -12 Review proposed Confidentiality Agreement 0.50 105.00 ARE
between NMSC and Food Service Partners;
confirm with Linda Mazzoni re same
Apr -18 -12 Communicate with Joe Roberts re Settlement 0.40 74.00 ARE
Agreement and payment to Union 32BJ South
Fund and issues related to North Fund;
communicate with Devora Lindeman and
Linda Mazzoni re same
Totals 4.30 $808.00
DISBURSEMENTS Disbursements Receipts
Apr -25 -12 Investigation Fee 1.10
Totals $1.10 $0.00
Total Fees & Disbursements $809.10
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
Capon i s 8661 R C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO June 13, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 989 -11
Inv #: 65184
RE: Miscellaneous
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
May -15 -12 Telephone call from Joe Roberts re 0.30 0.00 ARE
Non - Compete Agreement signed in New
Hampshire (N /C)
Communicate with Kate Hill re Information 0.40 84.00 ARE
Subpoena against Carolyn Berry; telephone
call to Attorney for Judgment Creditor; review
Information Subpoena
May -18 -12 Communicate with Paul Van Fleet and Linda 0.20 42.00 ARE
Mazzoni re Liquor License and tax returns for
Collegeville Inn
May -21 -12 Communicate with Kate Hill re subpoena for 0.20 42.00 ARE
wage garnishment
May -29 -12 Telephone call from James Hecker re 0.70 147.00 ARE
non - compete Agreement; communicate with
Craig Adler re contract language and Dan
Natirboff re MA reimbursement issues
May -30 -12 Receipt and review General Release re Jim 0.40 84.00 ARE
Hecker and Severance Agreement; analyze
non - compete clause
Communicata,Nith Andy Eisemann regarding 0.50 137.50 DKN
contract to cover capital costs and
reimbursement impact; office conference with
Dawn Richards regarding legality of
arrangement from compliance perspective
May -31 -12 Telephone call from Joe Roberts re Agreement 0.30 63.00 ARE
and non - compete clause
Telephone call to Joe Roberts regarding capital 0.80 220.00 DKN
investment issue; office conference with Dawn
Richards regarding compliance issues; review
of revenue regulations
Totals 3.80 $819.50
Total Fees & Disbursements $819.50
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
Capo,z6i P C.
Harrisburg, PA 17110
Ph:(717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO July 19, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 989 -11
Inv #: 65746
RE: Miscellaneous
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Jun -05 -12 Strategy conference and review the 0.20 42.00 ARE
Non - Compete Agreement with Dawn Richards
Jun -06 -12 Strategy conference and findings re 0.20 42.00 ARE
Confidentiality Agreement and communication
with James Hecker
Review of Severance Agreement; office 0.50 100.00 DLR
conference with Andrew Eisemann re same;
communicate with Jim Hecker
Jun -22 -12 Review of e-mail from Eileen Lin re 1/12/12 0.60 165.00 DRR
Audit letter; review of 1/12/12 letter; draft
response to same
Totals 1.50 $349.00
Total Fees & Disbursements $349.00
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 16 days of receipt.
Please put Invoice Number on your check, Thank You
Cap °z #s d866 P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO September 18, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 989 -11
Inv #: 66639
RE: Miscellaneous
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Aug -13 -12 Communicate with Craig Adler and Joe 0.30 63.00 ARE
Roberts re Collegeville Inn tax assessment
Aug -28 -12 Communicate with Linda Mazzoni re 0.40 84.00 ARE
Complaint filed by Stradley Ronin; receipt and
review same
Totals 0.70 $147.00
Total Fees & Disbursements $147.00
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
Capoz# 4 866, P.C.
Harrisburg, PA 17110
Ph: (717) 2334101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Joseph V. Roberts, CEO October 24, 2012
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 989 -11
Inv #: 67180
RE: Miscellaneous
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Sep -11 -12 Communicate with Linda Mazzoni re 0.20 42.00 ARE
Complaint filed by law firm for non - payment
of fees
Totals 0.20 $42.00
Total Fees & Disbursements $42.00
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
Copt gi B d 866 P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN 4: 23- 2911821
Joseph V. Roberts, CEO January 15, 2013
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442 File #: 989 -11
Inv #: 68703
RE: Miscellaneous
DISBURSEMENTS Disbursements Receipts
Nov -30 -12 10/02 - Conference Call 10.88
Totals $10.88 $0.00
Total Fees & Disbursements $10.88
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
Feb /25,'201 Capozzi Adler, P.C. Page: 1
s Client Ledger
ALL DATES
Date Received From/Paid To Chq# I - - - -- General - - - - -I Bld I----------- Trust Activity ------ - - - - -I
_ # Explanati Rec# op ts Disba Fees Inv# Acc Rcpts_ _ Disbs _ Balance
3146 Nutrition Management Services Coupany
989 -11 Miscellaneous Reap Lawyer: XXX
Aug /25/2011 Lawyer: ARE 0.30 Hrs X 200.00
618767 E -mails to and from Linda 60.00 60332
Mazzeni re Amended Complaint
against Preby Homes; dictate
instructions for docket report
Aug /29/2011 Lawyer; ARE 1.20 'Hrs X 200.00'
619495 E -mails to and from Linda 240.00 60332
Mazzoni re Complaint filed by
United Shellfish;. receipt and
review Complaint and exhibits;
telephone call to Attorney for
Plaintiff re Settlement
Agreement; a -mails to and from
Linda Mazzoni re same; a -mails
to and from Attorney for
Plaintiff re terms of
Settlement Agreement
Aug /30/2011 Lawyer: ARE 0.50 Hrs X 200.00
619352 E -mails to and from Attorney 100.00 60332
for United Shellfish re
discontinuance of litigation
and receipt of payment;
e -mails to and from Linda
Mazzoni re same; receipt and
review court document to
settle the litigation
Sep/ 2/2011 Lawyer: ARE 0.20 Hrs X 200.00
619925 E -mails to and from Attorney 40.00 60893
for United Shellfish re
removal of Judgment; a -mails
to and from Linda Mazzoni re
same
Sep /12/2011 Lawyer: ARE 0.40 Hrs X 200.00
621535 Telephone call from Kate Hill 80.00 60893
re dispute with Presbyterian
Homes; dictate instructions to
Key Gill for docket report
Sep /12/2011 Lawyer: ARE 0.20 Hrs X 200.00
621537 E -mails to and from Attorney 40.00 60893
for United Shellfish re
Striking Judgment
Sep /14/2011 Lawyer: ARE 0.20 Hrs X 200.00
622167 E -mails to and from Attorney 40.00 60893
for Plaintiff re striking
Judgment; receipt and review
same
Sep /16/2011 Lawyer: ARE 0.50 Hrs X 200.00
622968 E -mails to and from Linda 100.00 60893
Mazzoni re new Courtland
litigation; a -mails to and
from Linda Mazzoni re status
of Presby Homes dispute
Sep /20/2011 Billing on Invoice 60332
621000 FEES 400.00 0.00 60332
Sep /21 /2011 Lawyer: ARE 0.40 Hrs X 200.00
623621 E -mails to and from Attorney 80.00 60893
for United Shellfish re
evidence that Judgment was
vacated; a -mails to and from
Linda Mazzoni re New Courtland
litigation
Sep /23/2011 Lawyer: ARE 0.20 Hrs X 200.00
624142 Receipt and review Entry of 40.00 60893
Order vacating Entry of
Judgment and dismissing action
Sep /26/2011 Chester County Prothonotary
621635 Docket Report 23623 6.70 60893
Sep /26/2011 Lawyer: KJG 0.40 Hrs X 90.00
622346 Draft letter to Linda Massino 36.00 60893
enclosing Notice to vacate;
letter to Prothonotary
requesting docket report
Sep /26/2011 Lawyer: ARE 0.70 Hrs X 200.00
623066, `Telephone call from Linda 140.00 60893
Mazzoni re former counsel and
files; a -mails to and from
Kate Hill and Linda Mazzoni re
same; receipt and review
various attachments
Sep /27/2011 Lawyer: ARE 2.00 Hrs X "-75.00
624059 E -mails to and from Linda 350.00 60893
Mazzoni re Presby Homes and
Best Personnel litigation;
receipt and review Court
documents related to Best
Personnel; telephone call to
Attorney David Outtrim re
status of litigation and
Settlement Agreement; e -mails
- eb /'5/3013 Capczzi Adler, F.C. paa,_
Client Ledger
ALL DATES
Date Received From/Paid To Chq# I - - - -- General - - - - -I Bld I----- - - - - -- Trust Activity ------ - - - - -I
Entry #_ _Explanation _ ...__ RecM Rcpts Diabs Fees Inv# Ace Ropts Diabs Balance
to and from Linda Mazzoni re
same; telephone call to
Attorney for Best Personnel re
cancellation of Court hearing
and withdrawal of action;
receipt and review proof that
Judgment by United Shellfish
was vacated; e -mail to and
from Linda Mazzoni re same
Sep /28/2011 Lawyer: ARE 0.40 Hrs .X 200.00
624061 E -mail to and from Linda 80.00 60893
Mazzoni re NMSC v Ashton Hall;
review correspondence re Ashton
Hall and Statute of Limitations
Oct/ 5/2011 Lawyer: ARE 0.30 Hrs X 200.00
626153 Receipt and review docket 60.00 61533
report re PHI litigation;
e -mail to and from Kate Hill
re same
Oct/ 6/2011 Lawyer: ARE 1.20 Hrs X 175.00
628167 Telephone call from Kate hill 210.00 61533
re PHI litigation docket
report and Complaint from
Attorney Epstein's law firm;
telephone call from Attorney
Mooney re same; telephone call
from Kate Hill re courses of
action as to PHI
Oct/ 7/2011 Lawyer: ARE 0.60 Hrs X 200.00
628174 Telephone call from Kate Hill 120.00 61533
re litigation with Alan
Epstein; telephone call from
Attorney Mooney re same
Oct /11/2011 Lawyer: ARE 0.70 Hrs X 175.00
628201 E -mails to and from Kate Hill 122.50 61533
re Presbyterian Homes
litigation and statute of
litigation; receipt and review
Amended Complaint
Oct /12 /2011 Billing on Invoice 60893
625895 FEES 1026.00 DISBS 0.00 60893
6.70
Qct /16 /2011 Lawyer: LJC 0.30 Hrs X 250.00
628'592 Review of Complaint; draft memo 75.00 61533
to Andrew Eisemann re same
Oct/19/2011 Lawyer: ARE 0.50 Hrs X 175.00
628227 Receipt and review Complaint re 87.50 61533
HRC v NMSC; office conference
with Philip Warholic re same;
e -mails to and form Linda
Mazzoni re same
Nov/ 7/2011 Lawyer: ARE 0.40 Hrs X175.00
632115 E -mails to and from Kate Hill 70.00 62050
and Pete Mooney re Allan
Epstein litigation
Nov/ 8/2011 Lawyer: ARE 0.30 Hrs X 175.00
632128 E -mail to Attorney for Presby 52.50 62050
Homes re status of offer to
settle dispute
Nov/ 8/2011 Lawyer: ARE 0.50 Hrs X 175.00
632130 Conference call with Joe 87.50 62050
Roberts, Kate Hill and Linda
Mazzoni re Pocono Produce and
specter litigation
Nov /14/2011 Lawyer: ARE 0.'0 Hrs X 200.00
633045 E -mails to and from Attornev 60.00 62050
for Presby Homes re offer to
settle; e -mails to and from
Joe Roberts re same
Nov /16/2011 Lawyer: BGB 0.30 Hrs X 250.00
632757 E -mails from and to Andrew 75.00 62050
Eisemann and Joe Roberts re
drafting Medicare /Medicaid
Fraud Complaint; conference
call with Andrew Eisemann and
Joe Roberts re possible legal
malpractice action instead
Nov /16/2011 Lawyer: ARE 0.90 Hrs X 200.00
635244 E -mails to and from Joe Roberts 180.00 62050
and Linda Mazzoni re
termination of PHI contracts
and litigation issues;
telephone call to Joe Roberts
re fraud claim and possible
action against former Attorney
Nov /17/2011 Billing on Invoice 61533
631900 FEES 675.00 0.00 61533
Nov /25/2011 Lawyer: ARE 0.20 Hrs X 200.00
635320 E -mails to and from Kate Hill
40.()0 62050
re Presby Homes Inc., Judgment
and Statute of Limitations
Feb /- 5/2013 Capozzi Adler, P.C. Page: 3
Client Ledger
ALL DATES
Date Received From/Paid To Chq# I - - - -- General - - - - -I Bld I ----------- Trust Activity ------ - - - - -I
Entry # _Explanation Roo# Rcpts Disbs Fees Inv# Acc Rcpts Disba Balance
Dec/ 5/2011 Lawyer: ARE 0.40 Hrs X 200.00
637690 Communicate with Joseph Roberts 80.00 62521
and David Bukzin re Marcum LLP
Dec /12/2011 Billing on Invoice 62050
636978 FEES 565.00 0.00 62050
Dec /15/2011 Lawyer: ARE 1.00 Hrs X 200.00
639233 Communicate with Attorney for 200.00 62521
Marcum LLP re Engagement
Agreement and State of
Jurisdiction issues; receipt
and review same
Dec /16 /2011 Lawyer: ARE 0.70 Hrs X 200.00
638502 Communicate with Joe Roberts re 140.00 62521
Santa Teresita and DineRite
Agreements; communicate with
Linda Mazzoni re same;
communicate with Attorney for
Marcum re venue
Dec /18/2011 Lawyer: ARE 0.30 Hry X 175.00
639981 Communicate with Joe Roberts, 52.50 62521
Joe Mazzoni and Linda Mazzoni
re DineRite Agreement and
Santa Teresita Agreement;
communicate with Attorney for "
Marcum re venue of suit
Dec /20 /2011 Lawyer: ARE 0.80 Hrs X 200.00
639268 Review agreement with Santa 160.00 62521
Teresita and charges proposed
by Santa Teresita
Dec /22/2011 Lawyer: ARE 1.00 Hrs X 200.00
639290 Conference call with NMSC staff 200.00 62521
re Agreement for Services to
Santa Teresita; agreement with
Marcum re audit and
jurisdictional issues; stand
by Agreement with Dine Rite
and subpoena in the Kane v
Platinum; telephone call to
Attorney for Kane re subpoena;
communicate with Attorney for
Marcum re Agreement and venue
Dec /27/2011 Lawyer: ARE 0.30 Hrs X 200.00
639313 Communicate with Joe Roberts re 60.00 62521
Subpoena against NMSC
Dec /28/Wl Lawyer: ARE 1.20 Hrs X 200.00
' Communicate with Kate Hill and 240.00 62521
Joe Roberts re Kane subpoena;
communicate with Attorney for
Helen Kane re same; telephone
call from Attorney for Helen
Kane re subpoena and discovery
issues; receipt and review same
Dec;29 /2011 Lawyer: ARE 1.00 Hrs X 200.00
639334 Communicate with Attorney for 200.00 62521
Helen Kane re subpoena and
affidavit; communicate with
Joe Roberts re same; dictate
affidavit
Dec /30/2011 Lawyer: ARE 0.40 Hrs X 175.00
639357 Communicate with Joe Roberts re 70.00 62521
Affidavit in Kane v Platinum
litigation; communicate with
Attorney for Marcum re
Agreement
Jan/ 3/2012 Lawyer: ARE 1.60 Hrs X 210.00
641025 Revise and edit Joe Roberts' 336.00 63024
Affidavit re Kane v Platinum
litigation; communicate with
Steve Lentz re Santa Teresita
Agreement; receipt and review
current version of Agreement;
communicate with Linda Mazzoni
re Affidavit and scheduled
deposition in Helen Kane
litigation
Jan / 3/2012 Lawyer: KJG 0.50 Hrs X 90.00
641042 Created Affidavit of Joseph 45.00 63024
Roberts re Helen Kane
litigation
Jan/ 4/2012 Nancy Sage, Court Reporter
638705 Transcript 24023 65.50 63024
Jan/ 4/2012 Lawyer: ARE 0.70 Hrs X- 185.00
642511 Receipt and review Affidavit in: 129.50 63024
Kane v Platinum litigation;
communicate with Attorney for
Kane re same and deposition;
communicate with Key Gill re
Presby Home trial transcript
Jan/ 5/2012 Lawyer: KJG 1.00 Hrs X 90.00
645227 Created response to Auditors re 90.00 63024
pending /threatening litigation
Feb/25/2013 Capozzi Adler, P.C. Page: 4
Client Ledger
ALL DATES
Date Received From/Paid To Chq# I ----- General - - - - - Bld I----- - - - - -- Trust Activity ------ --- - - I
Entry #_ _Explanat _ _ Rec# _. Rcpts Disbs _ Fees ,Inv# Acc Rcpts Disbs Balance
Jan/ 5/2012 Lawyer: ARE 0.70 Hrs X 185.00
645292 Receipt and review subpoena 129.50 63024
issued by Defendant Global re
H4 Kame lttigalffiloni
Communicate with' *tto#` for
Global re affidavit an f d`
subpoena
Jan/ 6/2012 Lawyer: PCw 0.40 Hrs X 175.00
642526 Review of response to Auditor 70.00 63024
letter; e -mail to Key Gill re
revisions to response
Jan/ 6/2012 Lawyer: ARE 2.00 Hrs X 185.00
645297 Revise and edit Auditor 370.00 63024
Response Report; communicate
with Attorney for Platinum re
withdrawal of subpoena in
Helen Kane litigation;
communicate with Joe Roberts
re same; communicate with Kate
Hill re Collegeville: Inn
Property Notice; receipt and
review tax notice;. communicate
with Craig Adler re same;
communicate with Peter Mooney
re Specter Gaden litigation;
communicate with Managing
Partner of Specter Gaden Law
Firm re litigation and payment
plan; communicate with Kate
Hill re same
Jan /10/2012 Lawyer: ARE 1.00 Hrs X 210.00
643231 Telephone call from Steve Gadon 210.00 63024
re terms of Settlement
Agreement in Specter Gadon v
NMSC litigation; communicate
with Kate Hill re same; e -mail
to and from Steve Gadon re
Settlement Agreement
Jan /}.1/2012 Lawyer: ARE 1.00 Hrs X 185.00
643295 Telephone call from Steve Gadon 185.00 63024
re Settlement Agreement between
NMSC and Spector Gadon;
communicate with Kate Hill and
Steve Gadon re same;
communicate with Steve Lentz
re Santa Teresita contract
Jan /12/2012 Lawyer: ARE 1.50 Hrs X 185.00
643308 Communicate with attorney Dugan 277.50 63024
re Settlement Agreement;
communicate with Attorney
Mooney re same; receipt and
review Settlement Agreement
and Promissory Note;
communicate with Kate Hill and
Joe Roberst re same
Jan /12/2012 Lawyer: DRR 0.50 Hrs X 275.00
644857 Receipt and review of draft 137.50 63024
letter to Auditors; approved
for distribution
Jan /13/2012 Lawyer: ARE 1.00 Hrs X 185.00
643335 Communicate with Attorney Dugan 185.00 63024
re Settlement Agreement and
Note; telephone call from Kate
Hill re same; telephone call
from Attorney Dugan re Note;
communicate with Kate Hill re
terms of Settlement Agreement
Jan /16/2012 Lawyer: ARE 1.00 Hrs X 185.00
648331 Communicate with Attorney for 185.00 63024
Spector Gadon re terms of
revised Settlement Agreement
and Nate; receipt and review
same;. communicate with Kate
Hill re same
Jan /17/2012 Lawyer: ARE 0.50 Hrs X 210.00
643363 Telephone call from Attorney 105.00 63024
for Spectcr Gadon re
Settlement Agreement;
communicate with Kate Hill re
same
Jan /18/2012 Nutrition Management Services Co.
641888 PMT - Check No. 5227 Inv. 60332 46864 400.00
Jan /18/2012 Lawyer: ARE 0.60 Hrs X 185.00
643373 Communicate with Kate Hill re 111.00 63024
Settlement Agreement with
Spector Gadon; communicate
with Attorney Dugan re same
Jan /19/2012 Lawyer: ARE 1.60 Hrs X 185.00
645342 Communicate with Kate Hill and 296.00 63024
Plaintiff's Attorney re
Settlement Agreement and note;
Feb /25/2013 Capozzi Adler, F.C.
Client Ledger
" ALL DATES
Date Received From/Paid To Chq# I ----- General - - - - -I Bld I ----------- Trust Activity ------ -- - - - I
Entry _# Explanation Roo# Rcpts Disbs . Fees Inv# Acc Rcpts Disbs Balance
revise and edit same re final
review and execution; forward
to Attorney Dugan; communicate
with Linda Mazzoni re subpoena
issued in Dill v Sanders House
litigation; receipt and review
same
Jan /20/2012 Billing on Invoice 62521
641667 FEES 1402.50 0.00 62521
Jan /20/2012 Lawyer: ARE 1.00 Hrs X.185.00
643619 Communicate with Linda Mazzoni 185.00 63024
re Subpoena in Debra Dill
litigation; receipt; and review
employment packet; copmunieate
with .Linda Mazzoni re Response
to.Subpoena
Jan/23/2012 Lawyer: ARE 0.70 Hrs X 185.00
645397 Communicate with Joseph Roberts 129.50 63024
re acquisition of company and
contracts in Dallas, TX;
office conference with Craig
Adler re same; communicate
with Attorney for Spector
Gadon re status of Settlement
Agreement; communicate w-th
Linda Mazzoni re Debra Dill
subpoena
Jan/24/2012 Lawyer: ARE 0.80 Hrs X 210.00
643572 Telephone call to Attorney for 168.00 63024
Debra Dill re subpoena
documents; communicate with
Linda Mazzoni re response to
subpoena; communicate with Joe
Roberts and Craig Adler re
Agreement of Sale of company
in Dallas
Jan /25/2012 Lawyer: ARE 0.30 Hrs X 185.00
643883 Communicate with Linda Mazzoni 55.50 63024
re subpoena in Debra Dill
litigation
Jan /26/12 Lawyer: KJG 0.20 Hrs X 90.00
"64 86 Searched Chester County records 18.00 63024
re Mortgage
Jan/26/2012 Lawyer: ARE 2.70 Hrs X 185.00
645372 Communicate with Joe Roberts re 499.50 63024
lien or mortgage against Ocean
7; receipt and review search
report; dictate instructions
to satisfy lien; telephone
call to Linda Mazzoni re
response to Debra Dill
subpoena; receipt and review
trial transcript of NMSC v PHI
re possible malpractice claim;
communicate with Joe Roberts
re same
Jan/27/2012 Lawyer: ARE 0.30 Hrs X 185.00
643911 Communicate with Steve Lentz re 55.50 63024
Agreement with Santa Teresita
Jan/27/2012 Lawyer: KJG 0.10 Hrs X 90.00
644705 Letter to Chester County 9.00 63024
requesting copy of Mortgage
Jan /30/2012. Lawyer: ARE 0.20 Hrs X 210.00
643925 Office conference with Craig 42.00 63024
Adler re appeal of tax
assessment and Collegeville
Jan /31/2012 Lawyer: ARE 1.50 Hrs X 1.85.00
643940 Communicate with Kate Hill re 217.50 63024
Spector Gadon payments and
Settlement Agreement;
communicate with Kate Hill re
Collegeville property
transfer; office conference
with Craig Adler re same;
review final draft of
Agreement with Santa Teresita;
communicate with Steve Lentz re
same
Feb/ 2/2012 Chester County Recorder of Deeds
643957 Mortgage Copies (Ocean 7) 24161 40.00 63520
Feb/ 3/2012 Lawyer: ARE 0.20 Hrs X 210.00
647472 Communicate with Linda Mazzoni 42.00 63520
re lien on Ocean 7
Feb/ 7/2012 Lawyer: ARE 0.70 Hrs X 210.00
648768 Dictate instructions re 147.00 63520
property search of Ocean 7;
communicate with Kate Hill re
same; communicate with
attorney Mooney re Settlement
Agreement and Discontinuance
of Action
T _
Feb /25 /2013 Capozzi Adler, P.C. Page: 6
Client Ledger
ALL DATES
Date Received From/Paid To Chq# I -- - -- General - - - - -I Bld I--- -- - - - - -- Trust Activity ---- -- --- - -I
Entry # Explanation Rec # Repts Disbs Fees Inv# Acc Rcpts Disbs Balance
Feb/ 8/2012 Lawyer: BGB 0.30 Hrs X 250.00
647895 Review e -mail from Andrew 75.00 63520
Eisemann re resolution of
dispute with Union Fund;
office conference with Andrew
Eisemann re response to same;
telephone conference with
Andrew Eisemann and clients re
same
Feb/ 8/2012 Lawyer: ARE 2.10 Hrs X 210.00
650047 Communicate with ;Kate Hill re 441.00 63520
Settlement in Erisa Fund
dispute; conference call with
Kate Hill re terms of
Settlement Agreement;
conference tali' with Kate Hill
and New York Attorney re same;
communicate with Kate Hill re'
payments to Melissa Brown;`
research and calculate
payments from account
Feb/ 9/2012 Lawyer: ARE 0.60 Hrs X 210.00
646793 Communicate with Attorney 126.00 63520
Mooney re discontinuance of
Spector Gadon litigation;
communicate with Kate Hill and
Bruce Baron re MA cuts in NY
and letter to Union re Hebrew
Hospital
Feb /10/2012 Lawyer: ARE 0.40 Hrs X 210.00
648979 Communicate with Kate Hill and 84.00 63520
Devora Lindeman re Union Trust
Settlement Agreement
Feb /15/2012 Lawyer: ARE 1.50 Hrs X 185.00
651499 Communicate with Attorney for 277.50 63520
Spector Gadon and Kate Hill re
payment; receipt and review
letter from Attorney Lindeman
re Settlement Agreement with
Union for Hebrew Hospital;
communicate with Kate Hill re
same; revise and edit letter
to Geffner
Febtj6 /2DJ2 Lawyer: ARE 1.80 Hrs X 210.00
65600 Communicate with Attorney for 378.00 63520
Spector Gadon and Kate Hill re
payment of Settlement
Agreement; communicate with
Linda Mazzoni re liquor
license from Collegeville;
communicate with Paul Van
Fleet re same; revise and edit
letter to Union for Hebrew
Hospital in NY; communicate
with Kate Hill re same
Feb /17/2012 Billing on Invoice 63024
647253 FEES 4301.50 DISBS 0.00 63024
65.50
Feb /17/2012 Lawyer: ARE 0.40 Hrs X 210.00
650055 Exchange of a -mails with Kate 84.00 63520
Hill re Hebrew Hospital;
receipt and review, revised
letter from Attorney Lindeman
to Union for Hebrew Hospital
Feb /21/2012 Lawyer: ARE 1.00 Hrs X 185.00
649400 Receipt and review Mortgage 185.00 63520
between Ocean 7 and NMSC;
communicate with Kate Hill re
same; communicate with Kate
Hill re Union Settlement
Agreement
Feb /22/2012 Lawyer: ARE 0.40 Hrs X 185.00
649096 Communicate with Joe Roberts re 74.00 63520
Mortgage with Ocean 7 and
Satisfaction piece
Feb /23/2012 Lawyer: KJG 0.50 Hrs X 90.00
649160 Created Satisfaction piece: 45.00 63520
Ocean 7
Feb/23/2012 Lawyer: ARE 1.70 Hrs X 210.00
649388 Conference call with Joe 357.00 63520
Roberts and Linda Mazzoni re
Mortgage with Ocean 7; letter
to Walter Dunmore re Mortgage;
dictate satisfaction piece;
communicate with Linda Mazzoni
re tax liabilities; receipt and
review Notices from PA and MA
Feb/24/2012 Lawyer: ARE 1.90 Hrs X 210.00
649410 Revise and edit letter to 399.00 63520
Walter Dunsmore re Mortgage;
revise and edit Satisfaction
Feb /25/2013 Capozzi Adler, P.C. Paqe:
Client Ledger
ALL DATES
Date Received From/Paid To Chq# I ---- General - - - - -I Bld I----- - - - - -- Trust Activity ------ - - - - -I
Entry #_ Explanation - Rec# Rcpts Disbs Fees_ Inv# Acc Rcpts Disbs Balance
piece to satisfy the Mortgage;
communicate with Devora
Lindeman and Kate Hill re
Union Settlement Agreement;
telephone call from Kate Hill
re tax claims and union
dispute; communicate with Joe
Roberts re Ocean 7 Mortgage
Feb/27/2012 Lawyer: ARE 0.30 Hrs X 185.00
651016 Exchange of a -mails with Devora 55.50 63520
Lindeman and Kate Hill re
Settlement Agreement with Union
Feb /28/2012 Lawyer: ARE 2.00 Hrs X 185.00
651036 Communicate with Joe Roberts re 370.00 63520
possible claim against David
Outtrim; communicate with Kate
Hill re Settlement Agreement
Hebrew Hospital and Union in
NY; receipt and review DJ
execution and levy re Anchor
Fire Protection documents;
communicate with Linda Mazzoni
re same; telephone call to DJ's
office re procedural status and
history of Anchor Fire
Protection litigation
Feb/29/2012 Lawyer: ARE 1.90: Hrs X 185.00
651413 Telephone call to 'DJ office re 351.50 63520
Service of Complaint, Hearing
and execution; communicate
with Linda Mazzoni re same;
telephone call from Kate Hill
ie Union; conference call with '
Joe Roberts and Kate Hill re
Settlement Agreement with
Union for Hebrew hospital;
telephone call to Devora
Lindeman re same receipt and
review Union Contract
Mar/ 2/2012 Nutrition Management Services Co.
649802 PMT - Check No. 5606 Inv. 60893 47668 1032.70
Mar/ W,, 12 Lawyer: ARE 0.20 Hrs X 210.00
6 l Communicate with Joe Roberts re 42.00 64049
Mortgage lien
Mar/ 5/2012 Lawyer: ARE 0.60 Hrs X 210.00
653463 Communicate with Joe Roberts re 0.00 64049
Settlement with Union in New
York; exchange of e -mails with
Devora Lindeman re same and
confession of Judgment clause
(N /C)
Mar / 6/2012 Lawyer: ARE 0.40 Hrs X 185.00
652297 Communicate with Joe Roberts re 74.00 64049
Investigation report by
Auditors; receipt and review
same
Mar/ 8/2012 Lawyer: PVF 0.50 Hrs X 175.00
652490 Office conference with Craig 87.50 64049
Adler and Andrew Eisemann;
review e -mail from Andrew
Eisemann
Mar/ 9/2012 Expense Recovery
651617 Travel Expenses - ARE 05856 135.42 64049
Mar/ 9/2012 Lawyer: ARE 2.00 Hrs X 1.65
652978 Travel to and from NMSC to 3.70 64049
attend Board Meeting; attend
Board meeting; telephone call
from Joe Roberts re Settlement
agreement with Union + 32 BJ;
receipt and review Court Order
Mar/ 9/2012 Lawyer: ARE 2.00 Hrs X 210.00
652979 Discuss Agenda Items (N/C) 0.00 64049
Mar /12/2012 Lawyer: ARE 0.50 Hrs X 210.00
655091 Telephone call from Joe Roberts 105.00 64049
re Union negotiations and David
Outtrim; communicate with Linda
Mazzoni re Auditor
Investigation Report
Mar /13/2012 Billing on Invoice 63520
652049 FEES 3491.50 DISBS 0.00 63520
40.00
Mar /14/2012 Lawyer: ARE 0.70 Hrs X 210.00
653619 Strategy conference with Philip 147.00 64049
Warholic re removal of all
litigation from Chester County
docket report; office
conference with Philip
Warholic re results of
research; telephone call from
Joe Roberts re negotiations
with Union Trust
Feb /;5/2013 Capozzi Adler, P.C. Fage: g
i
Client Ledger
ALT, LaTES
Date Received From/Paid To Chq# - - - -- General - - - - -I Bld I ----- - - -- -- Trust Activity ------ - - - - -I
Entry #__ Explanation Rec# Rcpts Disbs Fees Inv_# Acc Repts Diabs Balance
Mar /14/2012 Lawyer: PCW 2.00 Hrs X 175.00
655422 Office conference with Andrew 350.00 64049
Eisemann re Judgment appearing
on audit; review of .abstract
from auditor.letter re
judgments; legal reakarch into
Chester County dockets; office
conference with Andrew
Eisemann re findings regarding docket searches; communicate
with Linda Mazzoni re findings
Mar /15 /2012 Lawyer: ARE 1.50 Hrs X 210.00
653661 Telephone call from Joe Roberts 315.00 64049
re final terms of Settlement
Agreement with Union in NY;
communicate with Devora
Lindeman re same and report to
Court; telephone call from
Devora Lindeman re same;
exchange of e -mails with NMSC
and Devora Lindeman re
Settlement
Mar /16/2012 Lawyer: ARE 2.00 Hrs X 185.00
655924 Communicate with Joe Roberts re 370.00 64049
Settlement Agreement with Union
in NY; telephone call from Joe
Roberts re same; telephone
call to Devora Kindeman re
terms of Settlement Agreement;
numerous e-mail exchanges re
terms of Settlement Agreement
Mar /19 /2012 Lawyer: ARE 0.80 Hrs X 185.00
655971 Exchange of e -mails with Joe 148.00 64049
Roberts and Devora Lindeman re
Settlement Agreement with Union
Mar /20/2012 Lawyer: ARE 1.00 Hrs X 210.00
654081 Receipt and review revised 210.00 64049
Settlement Agreement with
Union; communicate with Joe
Roberts and Devora Lindeman re
same; telephone call to Devora
Lindeman re various Settlement
Agreement terms; telephone call
from Joe Roberts re same
Mar /20 /2012 Lawyer: PCW 0.20 Hrs X 175.00
656540 Communicate with Linda Mazzoni 35.00 64099
re Judgment appearing on audit
' Mar /21/2012 Lawyer: ARE 0.30 Hrs X 185.00
655883 Communicate with Attorney 55.50 64049
Lindeman re terms of
Settlement Agreement with Union
Mar;22/2012 Lawyer: ARE 0.70 Hrs X 210.00
656981 Communicate with Joe Roberts 147.00 64049
and Devora Lindeman re terms
of Settlement Agreement
Mar/23/2012 Lawyer: ARE 0.30 Hrs X 185.00
656989 Communicate with Attorney 55.50 64049
Lindeman re terms of
Settlement Agreement;
communicate with Attorney for
Union
Mar/29/2012 Lawyer: ARE 0.20 Hrs x. 210.00
656089 Communicate with Devora 42,50 64099
Lindeman re final terms of
Settlement Agreement
Mar /30/2012 Lawyer: ARE 0.70 Hrs, X 210.00
656101 Communicate with Devora 147.00 64049
Lindeman re payment and
Release language of Settlement
Agreement with Union;
conference with Kate Hill re
same
Apr; 2/2012 Lawyer: ARE 0.40 Hrs X 185.00
657981 Communicate with Kate Hill re 74.00 64620
employee resignation in
California; communicate with
Attorney Lindeman re Union
Settlement Agreement
Apr/ 3/2012 Lawyer: ARE 1.00 Hrs X 185.00
657994 Communicate with Attorney 185.00 64620
Lindeman re final Settlement
Agreement; receipt and review
same communicate with Joe
Roberts re execution of
Settlement Agreement and
payment instructions
Apr/ 4/2012 Lawyer: ARE 0.30 Hrs X 185.00
658004 Communicate with Linda Mazzoni 55.50 64620
re final terms of Settlement
Agreement and execution
Apr/ 6/2012 Lawyer: ARE 0.20 Hrs X 185.00
Feb /;/2013 Capozzi Adler, P.C. Page: 9
,. Client Ledger
ALL DATES
Date Received From/Paid To Chq# I - - --- General - - - - -I Bld I----------- Trust Activity --- --- - - - - -I
Entry # Explanation Rec# Rcpt Disbs Fees Inv# Acc Rcpts _ Disbs Balance
657722 Communicate with Attorney 37.00 64620
Lindeman re execution of
Settlement Agreement and
status of Discontinuance
Apr/ 9/2012 Lawyer: ARE 0.30 Hrs X 185.00
658039 Communicate with Linda Mazzoni 55.50 64620
and Devora Lindeman re
Settlement Agreement and
payment
Apr /10 /2012 Lawyer: ARE 0.20 Hrs X 185.00
658052 Communicate with Attorney 37.00 64620
Lindeman re execution of
Settlement Agreement
Apr /11 /2012 Lawyer: ARE 0.30 Hrs X 185.00
658015 Communicate with Devora 55.50 64620
Lindeman re execution of
Settlement Agreement;
communicate with Linda Mazzoni
re same
Apr /12/2012 Lawyer: ARE 0.40 Hrs X 185,00
658621 Communicate with Devora 74.00 64620
Lindeman re North Pension Fund
arbitration; receipt, and review
Confidentiality Agreement re
Food Service Partners
Apr /13 /2012 Lawyer: ARE 0.30 Hrs X 185.00
660103 Communicate with Devora 55.50 64620
Lindeman re Health Insurance
litigation, pension fund
litigation and status of 32BJ
Pension Fund Attorney
Apr /16 /2012 Lawyer: ARE 0.50 Hrs X 210.00
660156 Review proposed Confidentiality 105.00 64620
Agreement between NMSC and Food
Service Partners; confirm with
Linda Mazzoni re same
Apr /18/2012 Billing on Invoice 64049
659072 FEES 2334.20 DISBS 0.00 64049
135.42
Apr /38,/2012 Lawyer: ARE 0.40 Hrs X 185.00
659410 Communicate with Joe Roberts re 74.00 69620
Settlement Agreement and
payment to Vnion 32BJ South
Fund and issues related to
North Fund;, communicate with
Devora Lindeman and Linda
Mazzoni re same
Apr/23/2012 Nutrition Management Services Co.
659967 PMT - Check No. 5754 Inv. 62521 48575 877.50
Apr/25/2012 PACER SERVICE CENTER
660193 Investigation Fee 24478 1.10 64620
May /15 /2012 Lawyer: ARE 0.40 Hrs X 210.00
668311 Communicate with Kate Hill re 84.00 65184
Information Subpoena against
Carolyn Berry; telephone call
to Attorney for Judgment
Creditor; review Information
Subpoena
May /15/2012 Lawyer: ARE 0.30 Hrs X 210.00
669855 Telephone call from Joe Roberts 0.00 65184
re Non - Compete Agreement signed
in New Hampshire (N /C)
May /18 /2012 Billing on Invoice 64620
665148 FEES 806.00 DISBS 0.00 64620
1.10
May /18/2012 Lawyer: ARE 0.20 Hrs X 210.00
669856 Communicate with Paul Van Fleet 42.00 65184
and Linda Mazzoni re Liquor
License and tax returns for
Collegeville Inn
May /21 /2012 Lawyer: ARE 0.20 Hrs X 210.00
669857 Communicate with Kate Hill re 42.00 65184
subpoena for wage garnishment
May /29/2012 Lawyer: ARE 0.70, Hrs X 210.00
668686 Telephone call from James 147.00 65184
Hecker re non- compete
Agreement; communicate with
Craig Adler re contract
language and Dan Natirboff re
MA reimbursement issues
May /30/2012 Lawyer: DKN 0.50 Hrs X 275.00
668348 Communicate with Andy Eisemann 137. 50 65184
regarding contract to cover
capital costs and
reimbursement impact; office
conference with Dawn Richards
regarding legality of
arrangement from compliance
perspective
May /30/2012 Lawyer: ARE 0.40 Hrs X 210.00
668883 Receipt and review General 84.00 65184
T T
Feb;25 /2013 Capozzi Adler, P.C. Page:
' Client Ledger
ALL DATES
Date Received From/Paid To Chq# I- - - -- General - - - - -I Bld I----------- Trust Activity ---- -- - - - --I
Entry # _ l anation Roo # Rcpts Disbs Fees Inv# Acc Rcpts Disbs Balance
Release re Jim Hecker and
Severance Agreement; analyze
non - compete clause
May /31 /2012 Lawyer: DKN 0.80 Hrs X 275.00
667907 Telephone call to Joe Roberts 220.00 65184
regarding capital investment
issue; office conference with
Dawn Richards regarding
compliance issues; review of
revenue regulations
May /31/2012 Lawyer: ARE 0.30 =Hrs - X_210.00
668500 Telephone call from Joe Roberts 63.00 65184
re Agreement and non - compete
clause
Jun/ 5/2012 Lawyer: ARE 0.20 Hrs X 210.00
674092 Strategy conference and review 42.00 65746
the Non - Compete Agreement with
Dawn Richards
Jun / 6/2012 Lawyer: ARE 0.20 Hrs X210.00
674141 Strategy conference and 42.00 65746
findings re Confidentiality
Agreement and communication
with James Hecker
Jun/ 6/2012 Lawyer: DLR 0.50 Hrs X 200.00
674612 Review of Severance Agreement; 100.00 65746
office conference with Andrew
Eisemann re same; communicate
with Jim Hecker
Jun /13/2012 Billing on Invoice 65184
670319 FEES 819.50 0.00 65184
Jun/22/2012 Lawyer: DRR 0.60 Hrs X 275.00
672198 Review of e -mail from Eileen 165.00 65746
Lin re 1/12/12 Audit letter;
review of 1/12/12 letter;
draft response to same
Jun/29/2012 Nutrition Management Services Co,
673161 PMT Check No. 6218 Inv. 62521 -49591 500.00
Jul /19 /2012 Billing on Invoice 65746
676115 FEES 349.00 0.00 65746
Aug /2 /2012 Lawyer: ARE 0.30 Hrs X210.00
80950 Communicate with Craig Adler 63.00 66639
and Joe 'Roberts re
Collegeville Inn tax assessment
Aug/28/2012 Lawyer: ARE 0.40 Hrs X 210.00
685547 Communicate with Linda Mazzoni 84.00 66639
re Complaint filed by Stradley
Ronin; receipt and review same
Aug /0/2012 Nutrition Management Services Co.
683969 PMT - Check No. 6661 Inv. 62521 50519 25.00
Sep /11/2012 Lawyer: ARE 0.20 Hrs X 210.00
686390 Communicate with Linda Mazzoni 42.00 67180
re Complaint filed by law firm
for non - payment of fees
Sep /18/2012 Billing on Invoice 66639
686055 FEES 147.00 0.00 66639
Oct/24/2012 Billing on Invoice 67180
691791 FEES 42.00 0.00 67180
Nov/30/2012 Cardmember Service
705496 10/02 - Conference Call phone 10.88 68703
Jan /15/2013 Billing on Invoice 68703
708671 DISBS 10.88 0.00 68703
UNBILLED I BILLED - -- BALANCES
TOTALS CHE + RECOV + FEES = TOTAL DISBS + FEES + TAX - RECEIPTS = A/R TRUST
PERIOD 0.00 0.00 0.00 0.00 259.60 16361.20 0.00 2835.20 ]3785.60 0.00
END DATE 0.00 0.00 0.00 0.00 259.60 16361.20 0.00 2835.20 13785.60 0.00
UNBILLED BILLED -- -- BALANCES --- I
FIRM TOTAL CHE + RECOV + FEES = TOTAL DISBS + FEES + TAX - RECEIPTS = A/R TRUST
PERIOD 0.00 0.00 0.00 0.00 259.60 16361.20 0.00 2835.20 13785.60 0.00
END DATE 0.00 0.00 0.00 0.00 259.60 16361.20 0.00 2835.20 13785.60 O.JO
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Feb /2.S/2013 Capozzi Adler, ;'ge: —
Client Ledger
ALL DATES
Date Received From/Paid To Chq# I - -- -- General - - - - - Bld I----- ------ Trust Activity ------ - - - --I
Entry # Explanation Rec# Rcpts Disbs Fees Inv# Acc Rcpts Diabs Balance
No Activity Date Dec/31/2199
Firm Totals Only No
Totals Only No
Entries Shown - Billed Only No
Entries Shown - Disbursements Yes
Entries Shown - Receipts Yes
Entries Shown - Time or Fees Yes
Entries Shown - Trust Yes
Incl. Matters with Retainer Bal No
Incl. Matters with Neg Unbld Disb No
Trust Account All
Working Lawyer All
Include Corrected Entries No
Show Check # on Paid Payables No
Show Client Address No
Consolidate Payments No
Show Trust Summary by Account No
Show Interest No
Interest Up To Feb /25/2013
Show Invoices that Payments Were Applied to No
Display Entries in Date Order
Capozzi Adler, P.C.
P. O. Box 5866
Harrisburg, PA 17110
Telephone: (717) 233 -4101
Fax: 717 - 233 -4103
Joseph V. Roberts, CEO As at Feb 18, 2013
Nutrition Management Services Company
2071 Kimberton Road
Box 725
Kimberton, PA 19442
REMINDER NOTICE
Bill Date Matter # Inv # Billed Int Due Paid Due Aging
Nov -17 -I1 989 -11 61533 675.00 132.82 0.00 807.82 > 120 days
Nov -17 -11 1045 -11 61535 570.00 102.05 500.00 172.05 > 120 days
Dec -12 -11 989 -11 62050 565.00 104.21 0.00 669.21 > 120 days
Dec -12 -11 946 -11 62051 45.00 8.30 0.00 53.30 > 120 days
Dec -12 -11 1045 -11 62052 718.00 132.43 0.00 850.43 > 120 days
Dec -12 -11 1153 -11 62053 830.00 153.08 0.00 983.08 > 120 days
Jan -20 -12 1153 -11 62523 3,470.46 351.91 3,375.00 447.37 > 120 days
Feb -17 -12 989 -11 63024 4,367.00 661.15 0.00 5,028.15 > 120 days
Feb -17 -12 1045 -11 63025 148.00 22.41 0.00 170.41 > 120 days
Feb -17 -12 1153 -11 63026 1,808.77 273.84 0.00 2,082.61 > 120 days
Feb -17 -12 162 -12 63163 415.00 62.83 0.00 477.83 > 120 days
Mar -13 -12 162 -12 63518 105.00 14.60 0.00 119.60 > 120 days
Mar -13 -12 183 -12 63519 470.00 65.36 0.00 535.36 > 120 days
Mar -13 -12 989 -11 63520 3,531.50 491.12 0.00 4,022.62 > 120 days
Mar -13 -12 1045 -11 63521 277.50 38.59 0.00 316.09
EXHIBIT
Mar -13 -12 1153 -11 63522 2,265.50 315.06 0.00 2,580.56
Apr-18-12 183 -12 64048 367.50 44.58 0.00 412.08
> 120 days
Apr -18 -12 989 -11 64049 2,469.62 299.60 0.00 2,769.22 > 120 days
Apr -18 -12 1045 -11 64050 1,424.50 172.81 0.00 1,597.31 > 120 days
Apr -18 -12 1153 -11 64051 2,032.00 246.51 0.00 2,278.51 > 120 days
May -18 -12 269 -12 64619 155.50 16.56 0.00 172.06 > 120 days
May -18 -12 989 -11 64620 809.10 86.19 0.00 895.29 > 120 days
May -18 -12 1045 -11 64621 4,625.00 492.66 0.00 5,117.66 > 120 days
May -18 -12 1153 -11 64622 1,192.36 127.01 0.00 1,319.37 > 120 days
Jun -13 -12 269 -12 65183 244.50 22.91 0.00 267.41 > 120 days
Jun -13 -12 989 -11 65184 819.50 76.79 0.00 896.29 > 120 days
Jun -13 -12 1045 -11 65185 316.68 29.67 0.00 346.35 > 120 days
Jun -13 -12 1153 -11 65186 3,031.86 284.08 0.00 3,315.94 > 120 days
Jun -13 -12 183 -12 65372 1,387.50 130.01 0.00 1,517.51 > 120 days
Jun -29 -12 1153 -11 65448 723.35 62.07 0.00 785.42 > 120 days
Jul -19 -12 989 -11 65746 349.00 26.50 0.00 375.50 > 120 days
Jul -19 -12 1045 -11 65747 129.50 9.83 0.00 139.33 > 120 days
Jul -19 -12 1153 -11 65748 2,362.62 179.43 0.00 2,542.05 > 120 days
Aug -17 -12 269 -12 66170 105.00 6.47 0.00 111.47 > 120 days
Aug -17 -12 1074 -11 66171 63.00 3.88 0.00 66.88 > 120 days
Aug -17 -12 1045 -11 66172 187.18 11.54 0.00 198.72 > 120 days
Aug -17 -12 1153 -11 66173 1,561.00 96.23 0.00 1,657.23 > 120 days
Sep -18 -12 269 -12 66638 63.00 2.89 0.00 65.89 > 120 days
Sep -18 -12 989 -11 66639 147.00 6.74 0.00 153.74 > 120 days
Sep -18 -12 1045 -11 66640 110.00 5.04 0.00 115.04 > 120 days
Sep -18 -12 1153 -11 66641 578.00 26.51 0.00 604.51 > 120 days
Oct -24 -12 269 -12 67179 42.00 1.18 0.00 43.18 <==120 days
Oct -24 -12 989 -11 67180 42.00 1.18 0.00 43.18 < =120 days
Oct -24 -12 1045 -11 67181 113.18 3.18 0.00 116.36 < =120 days
` Oct -24 -12 1153 -11 67182 943.50 26.52 0.00 970.02 < =120 days
Nov -14 -12 1153 -11 67640 460.35 8.17 0.00 468.52 < =120 days
Dec -11 -12 269 -12 68172 63.00 0.28 0.00 63.28 < =90 days
Dec -11 -12 1045 -11 68173 150.18 0.67 0.00 150.85 < =90 days
Dec -11 -12 1153 -11 68174 369.50 1.64 0.00 371.14 < =90 days
Jan -15 -13 989 -11 68703 10.88 0.00 0.00 10.88 < =60 days
Totals $47,710.59 $5,439.09 $3,875.00 $49,274.68
Balance Due and Owing $49,274.68
Your account is past due. If you require copies of any of the invoices listed above, please call our Billing Department.
Your prompt attention to these past -due invoices would be greatly appreciated. If payment has already been sent, please
disregard this notice.
CAPOZZI ADLER, P.C. f/k/a IN THE COURT OF COMMON PLEAS OF
CAPOZZI &ASSOCIATES, P.C., CUMBERLAND COUNTY, PENNSYLVANIA
A Pennsylvania Professional Corporation
Plaintiff
V. Docket No.: 2013-CV-1552
NUTRITION MANAGEMENT SERVICES
COMPANY,
r•
• ��w e.t.a —r
�U'3 .1
Defendants Civil Action.-Law CD
r-
C,
PRAECIPE TO REINSTATE `
TO THE PROTHONOTARY:
Pursuant to Pa. R.C.P. 401, please reinstate the above-captioned Complaint, attached.
Date:
Marc . Crum, Esqu(e
Atto ney I.D. No.: 912"13
Ca ozzi Adler, P.C.
P. . Box 5866
arrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff
11, 5 Pr3 AT"
fit a(�3a(o
r
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson r."L F'AD 13 C
Sheriff H 0 14 0 TA
Jody S Smith
piq 2: 21
Chief Deputy (1013 MAY 10
Richard W Stewart CUMBERLOD COUN
Solicitor MICE OF THE�MMIFF pENt4SYLVANIA
Capozzi Adler, P.C. f/k/a Capozzi &Associates, P.C. Case Number
S.
Nutrition Management Services Company 2013-1552 I
SHERIFF'S RETURN OF SERVICE
04/23/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Nutrition Management Services Company, but was unable to
locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Chester,
Pennsylvania to serve the within Complaint&Notice according to law.
05/07/2013 The requested Complaint&Notice served by the Sheriff of Chester County upon Linda Mazzoni, who
accepted for Nutrition Management Services Company, at 2071 Kimberton Road, Kimberton, PA 19442.
Carolyn B. Welsh, Sheriff, Return of Service attached to and made part of the within record.
SHERIFF COST: $42.80 SO ANSWERS,
May 28,2013 RbNW R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Teleosoft,Inc,
Qr1r_r'%jrr %7
Ronny R Anderson (it c1linlit"r/It', -,?a 7 7-?
Sheriff
ov A�
Jody S Smith * Richard W Stewart
Chief Deputy OFFICE OF THE$PSERIFF Solicitor
Capozzi Adler, P.C.f/k/a Capozzi&Associates, P.C. Case Number
Vs.
Nutrition Management Services Company 2013-1552
V_ SERVICE COVER SHEET
C4
F, [Service Details:
04
LO
Category: Civil Action-Complaint&Notice Zone:
W Manner. Deputize Expires: 21�' 05722/20�3 1, Warrant.
I
Notes:
rn
a.
0 [Final Service:
I- Name: Nutrition Management Services Company Served. Personally Adult In Charge Posted Other
ca Primary 2071 Kimberton Road Adult In A
Address: Kimberton, PA 19442 Charge:
o Phone: DOB: Relation:
w Alternate Iternate Date:
Time:
0 Address:
Nj Phone: Deputy. wL=AVI E Al Mileage:
L
� Attorney I 7
o Name: [Marc A.Crum Phone: 17-533-4101
N F7
c Attempts:
Date:
NUMTION
Time: MANAGEMENT
SERVICES
Mileage:
A COMPAWsm
Deputy.
Nutritious Food,Expert Manogement,Superior Service 2071 Kimberton Road
Notes Sp Box 725
Special Instructions:
Kimberton,PA 19442
Z Phone 610-935-2050 Ext.5236
W Linda Mazzoni Fax 610-935-8287
Administrative Vice President E-Mail lindamazzoni@nmsc.com
..........___........... ....... .. .. .......--
M Now, April 23, 2013 1, Sheriff OF,6u9&-A'a'j69 County,-F�en�nsyTv-an-i-a-d-ol)ereby deputize the Sheriff of Chester County to
z execute service of the documents he'rewi{th*a-n-a RraR—m'tum-tliereef� ording to la.w.
0
Return To:
Cumberland County SheriA-61
D
Z One Courthouse Square
Carlisle, PA 17013 L U i L L Ronny R Anderson, Sheriff
1207923_1
MICHAEL G. LOUIS, ESQUIRE COUNSEL FOR DEFENDANT
ATTORNEY I.D. NO. 32202
J. CHARLES GERBRON, JR., ESQUIRE
ATTORNEY I.D. NO. 208326
MacELREE HARVEY, LTD.
17 West Miner Street
P.O. Box 660
West Chester, PA 19381-0660
(610) 436-0100
CAPOZZI ADLER, P.C. f/k/a IN THE COURT OF COMMON PLEAS
CAPOZZI &ASSOCIATES, P.C. a CUMBERLAND COUNTY, PA
Pennsylvania Professional Corporation
Plaintiff
V. CIVIL ACTION — LAW
NUTRITION MANAGEMENT SERVICES NO. 13-1552
COMPANY
Defendant JURY TRIAL DEMANDED
-<> CJi t�
NOTICE TO PLEAD
ate.
1-
TO PLAINTIFFS: ° n
CAPOZZI ADLER P.C. f/k/a
CAPOZZI &ASSOCIATES, P.C.
P.O. Box 5866
Harrisburg, PA 17110
You are hereby notified to file a written response to the enclosed Preliminary Objections
of Defendant Nutrition Management Services Company within twenty (20) days from service
hereof or a judgment may be entered against you.
MacELREE HARVEY, LTD.
By:
ichael G. Louis, Esquire
J. Charles Gerbron, Jr., Esquire
Attorneys for Nutrition Management
Services Company
Date: June 3, 2013
1207923_1
CAPOZZI &ASSOCIATES, P.C. a CUMBERLAND COUNTY, PA
Pennsylvania Professional Corporation
Plaintiff
V. CIVIL ACTION — LAW
NUTRITION MANAGEMENT SERVICES NO. 13-1552
COMPANY
Defendant JURY TRIAL DEMANDED
ORDER
AND NOW, this day of 2013 upon consideration of the
Preliminary Objections of Defendant Nutrition Management Services Company, and Plaintiff's
response thereto, if any, it is hereby ORDERED that the preliminary objections are
SUSTAINED, and the Complaint is DISMISSED WITH PREJUDICE.
BY THE COURT:
J.
1207923_1
MICHAEL G. LOUIS, ESQUIRE COUNSEL FOR DEFENDANT
ATTORNEY I.D. NO. 32202
J. CHARLES GERBRON, JR., ESQUIRE
ATTORNEY I.D. NO. 208326
MacELREE HARVEY, LTD.
17 West Miner Street
P.O. Box 660
West Chester, PA 19381-0660
(610) 436-0100
CAPOZZI ADLER, P.C. f/k/a IN THE COURT OF COMMON PLEAS
CAPOZZI &ASSOCIATES, P.C. a CUMBERLAND COUNTY, PA
Pennsylvania Professional Corporation
Plaintiff
V. CIVIL ACTION — LAW
NUTRITION MANAGEMENT SERVICES NO. 13-1552
COMPANY
Defendant JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS OF
DEFENDANT NUTRITION MANAGEMENT SERVICES COMPANY TO THE
-- COMPLAINT OF CAPOZZI ADLER, P.C..
Defendant Nutrition Management Services Company ("NMSC"), by and through their
attorneys, MacElree Harvey, Ltd., submits these Preliminary Objections to Plaintiff Capozzi
Adler, P.C.'s ("Plaintiff') Complaint:
1. Plaintiff represented NMSC as legal counsel on various matters beginning in
2011.
2. Among the matters for which Plaintiff provided legal services for NMSC were two
litigation matters, Nutrition Management Services Company v. New Courtland Inc., docketed at
No. 002597, December term, 2010 in the Court of Common Pleas of Philadelphia County ("New
Courtland case"), and Nutrition Management Services Company v. Pocono Produce Company.
Inc, docketed at No. 10743-CV-11 in the Court of Common Pleas of Monroe County ("Pocono
Produce case").
12079231
3. It is believed and therefore averred that Plaintiffs provided representation that
breached the standard of care and constituted professional malpractice.
4. On December 14, 2012, NMSC retained new counsel, MacElree Harvey, Ltd.
("new counsel"), to represent them in connection with both the Pocono Produce case and New
Courtland case.
5. Immediately after assuming representation, new counsel realized that Plaintiff's
errors and omissions had severely prejudiced NMSC in both the Pocono Produce case and
New Courtland case.
6. On January 31, 2013, NMSC filed a writ of summons in the Court of Common
Pleas of Chester County to initiate an action for professional malpractice against Plaintiff.
7. The Writ of Summons was docketed at Chester County CCP 2013-01004-PL (the
"PL" standing for"Professional Liability").
8. The Civil Cover Sheet filed with the writ 'indicated that the primary nature of the
case was professional malpractice.
9. Named as defendants in the action were Andrew R. Eisemann, Esquire, of
Capozzi &Adler, P.C., Philip Warholic, Esquire, formerly of Capozzi & Adler, P.C., and Capozzi
&Adler, P.C.
10. On February 7, 2013, Counsel for NMSC informed Mr. Eisemann of the action
that had been filed against him and his firm.
11. Mr. Eisemann agreed to accept service of the writ of summons.
12. On February 25, 2013, Mr. Eisemann accepted service of the writ of summons.
13. On March 5, 2013, the Acceptance of Service was filed in the Court of Common
Pleas of Chester County.
14. Exactly one month later, Plaintiff filed the instant action in this Court.
15. Plaintiff's instant Complaint seeks damages for breach of contract and unjust
enrichment because; according to Plaintiff, NMSC owes $43,835.59 in unpaid legal fees.
2
1207923_1
16. The causes of action alleged by Plaintiff are so intertwined with the cause of
action in the matter currently pending between the parties in the Court of Common Pleas of
Chester County that Plaintiff's Complaint should be dismissed on three related grounds, either
individually or collectively.
17. Plaintiff's Complaint should be dismissed pursuant to Pa.R.C.P. 1028(a)(6),
because of the prior action pending in the Court of Common Pleas of Chester County at CCP
2013-01004-PL, an action involving the same parties and requiring a determination of the same
legal issues.'
18. Plaintiff's Complaint should be dismissed pursuant to Pa.R.C.P. 1028(a)(8),
because having the opportunity to plead New Matter and Counterclaims in the action docketed
at Chester County CCP 2013-01004-PL, Plaintiff has a full, complete, and adequate non-
statutory remedy at law.
19. Plaintiff's Complaint should be dismissed pursuant to Pa.R.C.P. 1028(a)(1), as
well; with the action pending at Chester County CCP 2013-01004-PL involving the same parties
and requiring a determination of the same legal issues, and because the contract was made in
Chester County, venue for Plaintiff's instant Complaint is improper.2
' A determination of whether NMSC is liable for non-payment of legal services allegedly rendered
by Plaintiff requires a determination of whether Plaintiff rendered the services in professional and
competent manner. Plaintiff knows this. See Complaint, ¶ 19.
2 Had Plaintiff filed this Complaint in the Court of Common Pleas of Chester County, as they should
have, the case could be consolidated with the professional malpractice case against Plaintiff in the same
Court.
3
1207923_1
WHEREFORE, Defendant Nutrition Management Services Company requests that this
Honorable Court dismiss Plaintiff's Complaint in its entirety with prejudice.
MacELREE HARVEY, LTD.
By:
ael G. Louis, Esquire
J. Charles Gerbron, Jr., Esquire
Attorneys for Nutrition Management
Services Company
Date: June 3, 2013
4
1207923_1
VERIFICATION
I, Joseph V. Roberts, Chief Executive Officer of Nutrition Management Services
Company, verify that the statements in the foregoing Preliminary Objections of Defendant
Nutrition Management Services Company are true and correct to the best of my knowledge,
information and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904,
relating to unsworn falsification to authorities.
Date: J
se ph V. Ro erts
Chief Executive Officer
12079231
MICHAEL G. LOUIS, ESQUIRE COUNSEL FOR DEFENDANT
ATTORNEY I.D. NO. 32202
J. CHARLES GERBRON, JR., ESQUIRE
ATTORNEY I.D. NO. 208326
MacELREE HARVEY, LTD.
17 West Miner Street
P.O. Box 660
West Chester, PA 19381-0660
(610) 436-0100
CAPOZZI ADLER, P.C. f/k/a IN THE COURT OF COMMON PLEAS
CAPOZZI &ASSOCIATES, P.C. a CUMBERLAND COUNTY, PA
Pennsylvania Professional Corporation
Plaintiff
V. CIVIL ACTION — LAW
NUTRITION MANAGEMENT SERVICES NO. 13-1552
COMPANY
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
This is to certify that in this case, compiete copies of aii papers contained in the
foregoing Preliminary Objections of Defendant Nutrition Management Services Company have
been served upon the following persons by the following means and on the date stated:
Name: Means of Service: Date of Service:
Marc C. Crum, Esquire U.S. First Class Mail June 3, 2013
Capozzi Adler, P.C.
P.O. Box 5866
Harrisburg, PA 17110
MacELREE HARVEY, LTD.
By:
ichael G. Louis, Esquire
J. Charles Gerbron, Jr., Esquire
Attorneys for Nutrition Management
Services Company
eitC
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate) p e , ;
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter fore)7e
Argument Court.) �" c;s
CAPTION OF CASE
(entire caption must be stated in full) co "'o
Capozzi Adler, P.C. f/k/a r G
Capozzi &Associates, P.C. F' .
vs.
Nutrition Management Services Company
No, 1552 2013 Term
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
Defendant's Preliminary Objections to Plaintiffs Complaint
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Marc A. Crum, Esquire-Capozzi Adler, P.C.
(Name and Address)
1200 Camp Hill Bypass, Camp Hill, PA 17011
(b) for defendants:
Michael G. Louis, Esquire and J. Charles Gerbron, Jr., Esquire-MacElree Harvey, Ltd.
(Name and Address) — ------_........._._.._._..-.--
17 West Miner Street, P.O. Box 660, West Chester, PA 19381-0660
3. I will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date: August 9, 2013
igna e
, '
Print your name
J. Charles Gerbron, Jr.
Date:
June 3, 2013 Attorney for Defendant
INSTRUCTIONS:
1.Original and two copies of all briefs must be filed with the COURT
ADMINISTRATOR(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 14 days prior to argument.
3.The responding party shall file their brief 7 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR(not the Prothonotary)after the case is relisted.
any 61935M C
2##9qrS-?5
1.
CAPOZZI ADLER, P.C. f/k/a IN THE COURT OF COMMON PLEAS OF
CAPOZZI &ASSOCIATES, P.C., CUMBERLAND COUNTY, PENNSYLVANIA
A Pennsylvania Professional Corporation
Plaintiff
V. Docket No.: 2013-CV-1552 rncu c-
-0 rn
NUTRITION MANAGEMENT C)
SERVICES COMPANY, CD-1
=:� C:)
Defendant Civil Action—Law --A
ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS
NOW COMES, Plaintiff, Capozzi Adler, P.C,. ("Capozzi"), by and through its attorneys,
and files the following Answer to Preliminary Objections:
1. Admitted.
2. Admitted.
3. Denied as a conclusion of law to which no response is required. To the extent a
response is required, the averments are denied and strict proof is demanded at trial.
4. Admitted that new counsel entered his appearance in the Pocono Produce case on
January 9, 2013. Capozzi lacks sufficient knowledge or belief as to the date Defendant retained
new counsel.
5. Denied as a conclusion of law to which no response is required. To the extent a
response is required,the averments are denied and strict proof is demanded at trial.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
11. Admitted.
12. Admitted.
13. Admitted.
14. Admitted that the instant action was filed March 25, 2013.
15. Admitted in part and denied in part. Admitted that the Complaint seeks damages
for breach of contract and unjust enrichment. Denied that the summary offered in the allegation
is a clear representation of Capozzi's Complaint. The Complaint and Exhibits further detail the
existence of contracts between the parties, the duties imposed pursuant to the contracts, the
Defendant's breach of those contracts, and the damages suffered by Capozzi as a result of
Defendant's breach.
16. Denied that the causes of action are intertwined with the cause of action in the
matter currently pending in the Court of Common Pleas of Chester County. To date, Defendant
has failed to file a Complaint to plead any cause of action. Denied that Capozzi's Complaint
should be dismissed.
17. Denied as a conclusion of law to which no response is required. To the extent a
response is required, the averments are denied and strict proof is demanded at trial. Denied that
the parties, legal issues, or relief requested is the same.
18. Denied as a conclusion of law to which no response is required. To the extent a
response is required, the averments are denied and strict proof is demanded at trial.
19. Denied as a conclusion of law to which no response is required. To the extent a
response is required, the averments are denied and strict proof is demanded at trial. Denied that
2
venue is improper in Cumberland County. A substantial portion of the work was performed in
Cumberland County and payment was due in Cumberland County.
WHEREFORE, Plaintiff, Capozzi Adler, P.C., respectfully requests that this Court enter
an Order dismissing Defendant's Preliminary Objections and grant such other relief as this Court
may deem just and proper.
Respectfully submitted,
CAPOZZ ADLER, P.C.
Dated: 1,411 By: �-
Marc . Crum, Esquir
Atto ey I.D. No.: 91273
P. Box Box 5866
Ha isburg, PA 17110
(7 17) 233-4101
Attorney for Plaintiff
3
CAPOZZI ADLER, P.C. f/k/a IN THE COURT OF COMMON PLEAS OF
CAPOZZI & ASSOCIATES, P.C., CUMBERLAND COUNTY, PENNSYLVANIA
A Pennsylvania Professional Corporation
Plaintiff
V. Docket No.: 2013-CV-1552
NUTRITION MANAGEMENT
SERVICES COMPANY,
Defendant Civil Action—Law
VERIFICATION
I, Daniel K. Natirboff, Partner at Capozzi Adler, P.C., 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.
Date: 2 L11-�- � �J51d]
Danie K. Natirboff, Esquire
Attorney I.D. No.: 78594
Capozzi Adler, P.C.
P. O. Box 5866
Harrisburg, PA 17110
(717) 233-4101
4
CAPOZZI ADLER, P.C. f/k/a IN THE COURT OF COMMON PLEAS OF
CAPOZZI & ASSOCIATES, P.C., CUMBERLAND COUNTY, PENNSYLVANIA
A Pennsylvania Professional Corporation
Plaintiff
V. Docket No.: 2013-CV-1552
NUTRITION MANAGEMENT
SERVICES COMPANY,
Defendant Civil Action—Law
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was served on the following by
causing the same to be placed in the United States mail, first class, postage prepaid, addressed as
follows:
Michael G Louis, Esquire
J. Charles Gerbron, Jr., Esquire
MacElfree Harvey, Ltd.
17 W. Milner Street
P. O. Box 660
West Chester, PA 19381
Dated: .04t/6
Marc A. Crum, Esquire
Att ney
Y aI.D.No.: 91273
"ozzi Adler, P.C.
O. Box 5866
rrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff
5
CAPOZZI ADLER, P.C. f/k/a IN THE COURT OF COMMON PLEAS OF
CAPOZZI & ASSOCIATES, P.C., CUMBERLAND COUNTY, PENNSYLVANIA
A Pennsylvania Professional Corporation
Plaintiff
V. Docket No.: 2013-CV-1552
NUTRITION MANAGEMENT
SERVICES COMPANY,
Defendant Civil Action—Law
ORDER
AND NOW, this day of 2013, upon consideration of
Defendant's Preliminary Objections and Plaintiff's Answer thereto, it is hereby ORDERED that
Defendant's Preliminary Objections are dismissed and Defendant is directed to file an Answer to
the Complaint within 20 days from the date of this Order.
BY THE COURT:
J.
6
OFFICE OF THE
PROTHONOTARY
CUMBERLAND COUNTY
DAVID D. BUEL.L,
PROTHONOTARY
Marc A. Crum, Esq.
1200 Camp Hill Bypass
Camp Hill, PA 17011
David D. Buell
Cumberland County Courthouse
One Courthouse Square, Ste,100
Carlisle, PA 17013 '#,r -i `c U.S.POSTA,
� S
C y r ZIP 17013
02 in
000136884
r =>
- L3
C%j cn
- _.i
<_E: M, , Marc A. Crum, Esq.
- r 1200 Camp Hit! Bypass
- ;
f- Camp Hill, P
71
MICHAEL G. LOUIS, ESQUIRE
ATTORNEY I.D. NO. 32202
J. CHARLES GERBRON, JR., ESQUIRE
ATTORNEY I.D. NO. 208326
MacELREE HARVEY, LTD.
17 West Miner Street
P.O. Box 660
West Chester, PA 19381-0660
(610) 436-0100
COUNSEL FOR DEFENDANT
--r:
CAPOZZI ADLER, P.C. filcia
CAPOZZI & ASSOCIATES, P.C. a
Pennsylvania Professional Corporation
Plaintiff
v.
NUTRITION MANAGEMENT SERVICES
COMPANY
Defendant
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: CIVIL ACTION — LAW
NO. 13-1552
STIPULATION
COMES NOW, plaintiff Capozzi Adler, P.C. ("Capozzi"), and defendant, Nutrition
Management Services Company ("NMSC'') and stipulate as follows:
1. On or about January 31, 2013, NMSC filed a Writ of Summons in Chester County,
Pennsylvania against Capozzi, Andrew Eisemann, Esquire and Philip C. Warholic, Esquire to
No. 2013-01004 ("the Chester County Litigation") for legal malpractice.
2. On or about March 25, 2013, Capozzi Adler, P.C., filed a collection complaint against
NMSC in Cumberland County, Pennsylvania to No. 13-1552 ("the Cumberland County
Litigation").
3. On or about June 5, 2013, NSMC filed preliminary objections to the complaint in
Cumberland County.
4. The Parties wish to resolve the disputes raised in the Chester County Litigation and the
Cumberland County Litigation.
5. NMSC shall pay Capozzi $10,000.00 as follows:
a) $2,500.00 by the end of June, 2014;
b) $2,500.00 by the end of July, 2014;
c) $2,500.00 by the end of August, 2014; and
d) $2,500,00 by the end of September, 2014.
6, Within 7 days of the final payment by NMSC to Capozzi, counsel for Capozzi shall file a
Praecipe to Settle, Discontinue and End with Prejudice the Cumberland County Litigation.
Within 7'days of the final payment by NMSC to Capozzi, counsel for NMSC shall file a Praecipe
to Settle, Discontinue and End with Prejudice in the Chester County Litigation, Within 7 days of
execution of this Settlement Agreement, counsel for Capozzi and counsel for NMSC shall notify
the respective Judges assigned to the Cumberland County Litigation and the Chester County
Litigation that the cases have settled and file this Stipulation with the Prothonotary.
This Stipulation is executed this day of
, 2014.
CAPOZZI ADLER
By:
Marc A, C m, Esquire
Attorne or Plaintiff
MacE EE HARVEY, LTD.
18y:
Michael G. Louis, Esquire
Attorney for Defendant
lr
CAPOZZI ADLER, P.C. f/k/a
CAPOZZI & ASSOCIATES, P.C. a
Pennsylvania Professional Corporation,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : Docket No.: 2013-01552
NUTRITION MANAGEMENT SERVICES :
COMPANY,
Defendant : Civil Action — Law
PRAECIPE TO ATTACH
TO THE PROTHONOTARY:
sem::
CZ
—01
Kindly affix the attached Stipulation with the original signature of Michael G.
Louis, Esquire to the Stipulation filed on record on June 16, 2014 in the above -captioned
matter.
Date:
C)
Marc A. C m, Esquire
Attorney ..D. No.: 91273
Capoz Adler, P.C.
P. 0. lox 5866
Harrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff
1503257 i
MICHAEL G. LOUIS, ESQUIRE
ATTORNEY I.D. NO. 32202
J. CHARLES GERBRON, JR., ESQUIRE
ATTORNEY I.D. NO. 208326
MacELREE HARVEY, LTD.
17 West Miner Street
P.O. Box 660
West Chester, PA 19381-0660
(610) 436-0100
COUNSEL FOR DEFENDANT
CAPOZZI ADLER, P.C. f/k/a
CAPOZZI & ASSOCIATES, P.C. a
Pennsylvania Professional Corporation
Plaintiff
v.
NUTRITION MANAGEMENT SERVICES
COMPANY
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: CIVIL ACTION — LAW
: NO. 13-1552
•
STIPULATION
COMES NOW, plaintiff Capozzi Adler, P.C. ("Capozzi"), and defendant, Nutrition
Management Services Company ("NMSC") and stipulate as follows:
1. On or about January 31, 2013, NMSC filed a Writ of Summons in Chester County,
Pennsylvania against Capozzi, Andrew Eisemann, Esquire and Philip C. Warholic, Esquire to
No. 2013-01004 ("the Chester County Litigation") for legal malpractice.
2. On or about March 25, 2013, Capozzi Adler, P.C., filed a collection complaint against
NMSC in Cumberland County, Pennsylvania to No. 13-1552 ("the Cumberland County
Litigation").
3. On or about June 5, 2013, NSMC filed preliminary objections to the complaint in
Cumberland County.
4. The Parties wish to resolve the disputes raised In the Chester County Litigation and the
Cumberland County Litigation.
1503257_1
5. NMSC shall pay Capozzi $10,000.00 as follows:
a) $2,500.00 by the end of June, 2014;
b) $2,500.00 by the end of July, 2014;
c) $2,500.00 by the end of August, 2014; and
d) $2,500.00 by the end of September, 2014.
6, Within 7 days of the final payment by NMSC to Capozzi, counsel for Capozzi shall file a
Praecipe to Settle, Discontinue and End with Prejudice the Cumberland County Litigation.
Within 7 days of the final payment by NMSC to Capozzi, counsel for NMSC shall file a Praecipe
to Settle, Discontinue and End with Prejudice In the Chester County Litigation, Within 7 days of
execution of this Settlement Agreement, counsel for Capozzi and counsel for NMSC shall notify
the respective Judges assigned to the Cumberland County Litigation and the Chester County
Litigation that the cases have settled and file this Stipulation with the Prothonotary.
Thls Stipulation is executed this day of , 2014.
CAPOZZI ADLER, P.C.
Marc .rum, Esquire
Attorn ifor Plaintiff
MacE EE HARVEY, LTD,
By: 911
MichdaLG. Louis, Esquire
Attorney for Defendant
CAPOZZI ADLER, P.C. f/k/a
CAPOZZI & ASSOCIATES, P.C. a
Pennsylvania Professional Corporation,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : Docket No.: 2013-01552
NUTRITION MANAGEMENT SERVICES :
COMPANY,
Defendant : Civil Action — Law
CERTIFICATE OF SERVICE
I hereby certify that I have this date caused a copy of the foregoing Praecipe to
Attach to be served by first class U.S. Mail, postage prepaid, addressed to the following:
Date:
Michael G. Louis, Esquire
MacElree Harvey, Ltd.
P. 0. Box 660
West Chester, PA 19381
/1,114
Marc Crum, Esquire
Attor ey I.D. No.: 91273
C ozzi Adler, P.C.
P. 0. Box 5866
Harrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff
CAPOZZI ADLER, P.C. f/k/a
CAPOZZI & ASSOCIATES, P.C. a
Pennsylvania Professional Corporation,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : Docket No.: 2013-01552
NUTRITION MANAGEMENT SERVICES :
COMPANY, r)' —
Defendant : Civil Action – Law c
PRAECIPE TO SETTLE, DISCONTINUE, AND END
TO THE PROTHONOTARY:
Kindly mark the litigation in the above -captioned matter settled, discontinued and ended
with prejudice.
AND NOW, this 011 day of
Matthew A. Thomsen, Esquire
Attorney ID # 307388
Capozzi Adler, P.C.
P. O. Box 5866
Harrisburg, PA 17110
od,
, 2014, the litigation in the
above -captioned action is hereby marked SETTLED, DISCONTINUED and ENDED with
prejudice.
CAPOZZI ADLER, P.C. f/k/a
CAPOZZI & ASSOCIATES, P.C. a
Pennsylvania Professional Corporation,
Plaintiff
v.
NUTRITION MANAGEMENT
SERVICES COMPANY,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: Docket No.: 2013-01552
Defendant : Civil Action — Law
CERTIFICATE OF SERVICE
I hereby certify that I caused a copy of the foregoing Praecipe to Settle, Discontinue and
End to be served by regular first class United States mail, postage prepaid addressed as follows
Michael G. Louis, Esquire
MacElree Harvey, Ltd
17 W. Miner Street
P. O. Box 660
West Chester, PA 19381
Matthew A. Thomsen, Esquire
Attorney ID # 307388
Capozzi Adler, P.C.
P. 0. Box 5866
Harrisburg, PA 17110