Preview
Ot -0#- 10 -
ae ,
\
We
CAUSE NO. b- \lo¥ x3
IODEC31 PM 1:09
DARRELL W. COOK, P.C. D/B/A § IN THE DISTRICT COURT
DARRELL W, COOK & § roe “
ASSOCIATES, A PROFESSIONAL —§ ee
CORPORATION § 4 :
Plaintiff, § re JUDICIALS TY
§
v. §
§
THOMAS J. LEKSAN, § DALLAS COUNTY, TEXAS
Defendant.
PLAINTIFF'S ORIGINAL PETITION
DARRELL W. COOK, P.C. D/B/A DARRELL W. COOK & ASSOCIATES, A
PROFESSIONAL CORPORATION, Plaintiff, files its Original Petition against THOMAS J.
LEKSAN, Defendant, as follows:
Nv
L
DISCOVERY CONTROL PLAN
In accordance with Tex. R. Civ. P. 190.2 the Plaintiff designates this case as a level |
case.
I.
PARTIES
Plaintiff, DARRELL W. COOK, P.C. D/B/A DARRELL W. COOK &
ASSOCIATES, A PROFESSIONAL CORPORATION, is a professional corporation
organized and existing under the laws of the State of Texas, having its offices and
~
principal place of business in Dallas County, Texas. el
Defendant, THOMAS J. LEKSAN, is an individual and domiciliary of the State o
ee
Ohio, who may be served at his principal place of business located at 1000 Tri-State
Building, 432 Walnut Street, Cincinnati, Ohio 45202, or wherever he may be found.
PLAINTIFF'S ORIGINAL PETITION PAGE | OF 6I,
COUNT ONE
Breach of Contract for Services
Performed for the Benefit of Ron Tripodo
Plaintiff entered into an agreement with Ron Tripodo [hereinafter “TRIPODO”]
whereby Plaintiff agreed to provide legal services to TRIPODO on or about February
12, 2010. See fee agreement attached hereto and incorporated herein by reference as
Exhibit 1, Pursuant to the terms of their agreement, Plaintiff invoiced Defendant for
services performed. See invoices attached hereto and incorporated herein by reference
as Exhibit 2. Defendant signed a Personal Guarantee promising to pay any and all
outstanding accounts of TRIPODO. See personal guarantee attached hereto and
incorporated herein by referenced as Exhibit 3. As of the filing of this cause of
action, the sum of thirteen thousand two hundred twenty nine dollars and eighty-six
cents ($13,229.86) exclusive of interest, was due and owing from TRIPODO to
Plaintiff. TRIPODO’s failure to pay constitutes a breach of contract. Therefore,
Plaintiff claims the sum of thirteen thousand two hundred twenty-nine dollars and
eighty-six cents ($13,229.86) from the Defendant as damages incurred by reason of
TRIPODO's breach of contract, plus interest at the contract rate of 6.00% from the
date of default.
On or about February 15, 2010, Defendant executed a Personal Guarantee whereby
Defendant agreed to personally and unconditionally guarantee the “faithful payment,
when due, of all accounts of said Client [TRIPODO].” See Exhibit 3. TRIPODO
failed to pay the above-referenced invoices and Plaintiff made demand for payment
upon Defendant under the terms of the Personal Guarantee. Defendant failed and
PLAINTIFF'S ORIGINAL PETITION PAGE 2 OF 6refused, and continues to fail and refuse to pay the invoices. Defendant’s failure to
pay constitutes a breach of the Personal Guarantee. Therefore, Plaintiff claims the
sum of thirteen thousand two hundred ‘twenty-nine dollars and eighty-six cents
($13,229.86) as damages incurred by reason of Defendant’s breach of the personal
guarantee
Iv.
COUNT TWO
Suit on a Verified Account for
Services Furnished to Ron Tripodo
6. The claims in this Count are in the alternative to the claims in Count One. Plaintiff
would show that, at the special instance and request of TRIPODO, Plaintiff provided
the services described in the invoices attached hereto and incorporated herein by
reference as Exhibit 2. Defendant became bound to pay the reasonable value of the
services furnished by Plaintiff to TRIPODO under the terms of the Personal
Guarantee that he executed with Plaintiff. See Exhibit 3. The reasonable value of the
unpaid services furnished by Plaintiff at the request of TRIPODO, excluding interest,
is thirteen thousand two hundred twenty-nine dollars and eighty-six cents
($13,229.86). This sum is a liquidated money demand arising out of the business
dealings between the parties upon which a systematic record has been kept, and all
just and lawful offsets, payments, and credits have been allowed. Though often
requested, Defendant has failed and refused and continues to fail and refuse to pay the
sum of money for the services described in Exhibit 1, to the damage of Plaintiff in the
amount of thirteen thousand two hundred twenty-nine dollars and eighty-six cents
($13,229.86).
PLAINTIFE’S ORIGINAL PETITION PAGE 3 OF 6v.
COUNT THREE
Quantum Meruit
7. Pleading in the alternative, services were rendered to TRIPODO directly in that
TRIPODO received the services. As a direct result of Plaintiff's provision of the
services, a benefit was conferred on the TRIPODO in that the TRIPODO has had
beneficial use and enjoyment of the services. TRIPODO accepted the benefit of
Plaintiff's services, Specifically, the TRIPODO accepted the services. Defendant
became bound to pay the reasonable value of the services furnished by Plaintiff to
TRIPODO under the terms of the Personal Guarantee that he executed with Plaintiff.
See Exhibit 3.
8. The reasonable value of the services that Plaintiff provided to TRIPODO was thirteen
thousand two hundred twenty-nine dollars and eighty-six cents ($13,229.86).
Plaintiff reasonably expects payment for the services provided because the Plaintiff
has provided similar services for others in the community, for which Plaintiff has
been paid, and Plaintiff knows TRIPODO only through a business relationship.
9. The Plaintiff has presented the claim as described above to Defendant for payment.
TRIPODO will be unjustly enriched in the amount claimed by Plaintiff if allowed to
retain the benefit conferred on it without payment for the reasonable value of the
services provided by Plaintiff to TRIPODO described above.
PLAINTIFF'S ORIGINAL PETITION PAGE 4 OF 6VI.
COUNT FOUR
Attorney's Fees
10. Plaintiff has demanded payment from Defendant for the services provided by Plaintiff
to TRIPODO. Because of Defendant’s refusal to pay the invoice(s) due and owing to
Plaintiff, it has become necessary for Plaintiff to place its claim in the hands of the
undersigned attorney for collection, and Plaintiff has agreed to pay said attorney a
reasonable attomey's fee. Therefore, upon judgment being entered herein, Plaintiff is
entitled to collect and hereby sues to recover its reasonable attorney's fees pursuant to
Tex. Civ. Prac. & Rem. Cope. § 38.001 at the trial court and on appeal.
VIL.
DISCLOSURES
ll. Pursuant to Rule 194, Defendant THOMAS J. LEKSAN is requested to disclose,
within 50 days of service of this petition, the information or material described in
Tex. R. Civ. P 194.2.
VIEL.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff, DARRELL W. COOK, P.C.
D/B/A DARRELL W. COOK & ASSOCIATES, A PROFESSIONAL CORPORATION, prays
that THOMAS J. LEKSAN, Defendant, be cited to appear and answer herein and that upon final
hearing Plaintiff have judgment against Defendant for the following:
PLAINTIFE’S ORIGINAL PETITION PAGE 5S OF 6a. The sum of thirteen thousand two hundred twenty-nine dollars and eighty-six
cents ($13,229.86) on its theories of Sworn Account, Breach of Contract, and
Quantum Meruit;
b. Pre-judgment interest of 6.00% per annum;
c. Post-judgment interest at the rate per armum as published by the Texas Office of
Consumer Credit Commission at the time of Judgment;
d. Attorneys’ fees in a reasonable amount pursuant to TEX. CIV. PRAC. & REM.
CODE § 38.001 at the trial and on appeal;
e. Costs of court;
f. Costs of collection;
g. Such other and further relief, at law or in equity, to which Plaintiff may show
itself justly entitled.
Respectfully Submitted,
DARRELL W. COOK & ASSOCIATES
A PROFESSIONAL CORPORATION
AARRELL W. COOK
State Bar No. 00787279
JEFFREY W. MARTIN
State Bar No. 24052274
One Meadows Building
5005 Greenville Ave., Suite 200
Dallas, TX 75206
(214) 368-4686
(214) 363-9979 Telecopy
ATTORNEYS FOR PLAINTIFF
PLAINTIFF’S ORIGINAL PETITION PAGE 6 OF 6CAUSE NO.
DARRELL W. COOK, P.C. D/B/A
DARRELL W. COOK &
ASSOCIATES, A PROFESSIONAL
CORPORATION
Plaintiff,
IN THE DISTRICT COURT
JUDICIAL DISTRICT
v.
THOMAS J. LEKSAN,
Defendant.
DALLAS COUNTY, TEXAS
LA LP OP Lr UP LL LP UP
STATE OF TEXAS §
DALLAS COUNTY :
AFFIDAVIT OF DARRELL W. COOK
BEFORE ME, the undersigned authority, on this day personally appeared Darrell
W. Cook, the affiant, a person whose identity is known to me. After | administered the
oath, the affiant testified:
1. “My name is Darrell W: Cook. I am over 18 years of age, of sound mind, and
capable of making this affidavit.
2. “The facts stated in this affidavit are within my knowledge and are true and
correct.
3. “This action is based on an open account and a written contract for services
performed, of which a systematic record was kept.
4. “lam employed by DARRELL W. COOK, P.C. D/B/A DARRELL W. COOK
& ASSOCIATES, A PROFESSIONAL CORPORATION, Plaintiff; and | have
or a person under my supervision has care, custody, and control of all records
concerning the account of RON TRIPODO and Defendant THOMAS J.
LEKSAN.
5. “These records show that a principal balance of thirteen thousand two hundred
twenty-nine dollars and eighty-six cents ($13,229.86), exclusive of interest, is due
and payable by the Defendant named herein to DARRELL W. COOK, P.C.
D/B/A DARRELL W. COOK & ASSOCIATES, A PROFESSIONAL
CORPORATION, Plaintiff.
AFFIDAVIT OF DARRELL W. COOK PaGe 1 OF 26. “Defendant's account, marked 'Exhibit 2' and attached to Plaintiff's Original Petition
and incorporated heréin by reference, is within my knowledge just and true, it is
dues, and all just and lawful offsets, payments, and credits have been allowed.
7. “Demand for payment of the just amount owed Plaintiff by Defendant has been
made on Defendant, and payment for the just amount owing has not been tendered.”
DARRELL W. COOK, P.C. D/B/A
DARRELL W. COOK & ASSOCIATES,
A PROFESSIONAL CORPORATION
Plaintiff
BY: _.
DARRELL W. COOK, Affiant
SIGNED AND SWORN to before me by Darrell W. Cook on the ad" iay of
, 2010.
LINDA GERETTE COONS
MY COMMISSION EXPIRES
sanuary 13, 2013
Notary Public in and for
the State of Texas
My commission expires: a 13/13
AFFIDAVIT OF DARRELL W. COOK
PAGE 2 OF 2EXHIBIT 1
EXHIBIT 1DARRELL W. CooK
KELLY E. BRYAN
STEPHEN W. Davis
CATHERINE A. KEITH
Tom MELTON
OF CounseL
DARRELL W. COOK & ASSOCIATES
A PROFESSIONAL CORPORATION
5005 GREENVILLE AVENUE, SUITE 200
DALLAS, TExas 75206
TELEPHONE: (2 14) 368-4686
TELECOPY: (214) 363-9979
WWW.ATTORNEYCOOK.COM
February 12, 2010
Ron Tripodo
c/o Thomas D. Sherman
Locke Lord
1900 The Proscenium
1170 Peachtree Street NE
Atlanta, GA 30309
Re: Fee Agreement for professional services related to cause of action
filed in 95 Judicial District Court against Clients.
Client: Row Tripodo, Tricon/Towerwerks, Inc. and ROPA Properties,
LLC.
Gentlemen:
{am writing to confirm that the above-referenced parties (hereinafter referred to
as “You” or “Client”) have retained this law firm for representation in regard to the
above-referenced matter. This letter confirms that the only attorney-client relationship is
between the Firm and You, and that there are no third-party beneficiaries to this
contract or to the attorney-client relationship. You further confirm that neither You nor
any of your agents are acting as a fiduciary in connection with any portion of the
engagement of this Firm.
We will at all times act on your behalf to the best of our ability. Any
expressions on our part concerning the outcome of your legal matters are expressions of
our best professional judgment, but are not guarantees. These opinions are necessarily
limited by our knowledge of the facts and are based solely on the state of the law at the
time they are expressed.
Our evaluations are necessarily based upon the facts as told to us. However, in
any matter you can expect the unexpected. By way of example and not as an exhaustive
list, the following events frequently occur during our representation of clients like You:
Witnesses may testify differently than in previous depositions or statements, recall may
become hazy, witnesses may choose to lie rather than tell the truth, important evidence
may be concealed, witnesses may tell the truth in such a way that it appears to be a lie,
the decision maker may choose to believe a witness for a variety of reasons that defy
logical explanation, and the decision maker may decide against you for reasons that do
NSRon Tripodo
c/o Thomas D. Sherman
February 12, 2010
Page 2
not relate to the law or the facts but which never become public to the point of being
able to do anything about them.
In addition to these risks, our analysis of the law may not be accepted by the
administrative decision maker or the court; and the court may permit testimony or give
instructions to the jury that we think now will not be permitted. These legal decisions
may be decided against you in an administrative procedure, in the tial court or on
appeal; and it is also possible that an appellate court, although agreeing with our
position, would decline to overrule an erroneous trial court judgment because it feels we
did not object hard enough or long enough or with the right words.
In addition to all these hazards, a trial will cost you considerable attorneys’ fees.
Our fee arrangement for legal services in this case will be based on hourly rates in effect
for each lawyer and legal assistant at the time the services are rendered. The current
hourly rate for the attorneys in our firm range between $195.00 and $315.00 per hour.
Hourly rates are reviewed periodically and you will be advised of any adjustment before
it is adopted. We also require a retainer to be deposited into our trust account and to be
withdrawn and applied against fees and expenses as they are incurred. Additional
expenses and fees will probably be incurred if the case progresses beyond the initial
filing stages and additional deposits will be required.
Further, you are required to maintain a retainer balance of $5,000.00 each month
and to replenish the retainer each month as necessary.
We have agreed that you will deposit a retainer of $10,000.00 on the following
schedule:
$1,500.00 on February 12, 2010.
$3,500.00 on February 26, 2010.
$5,000.00 on April 12, 2010.
Additonally, Mr. Tom Leksan has agreed to act as guarantor of all sums due
under this contract and but for such guaranty, the Firm would not enter into this
agreement.
You are further informed that while your retainer may collect some interest
while a deposit, the Texas Supreme Court has ordered that such interest is forfeited to
the Equal Access to Justice Foundation. If you have any questions about this process, or
object to your interest being used for this purpose, please let me know and I will attempt
to address your concerns.
InitialsRon Tripodo
c/o Thomas D. Sherman
February 12, 2010
Page 3
In the event we are attempting to secure a recovery of damages on your behalf,
be advised that we will attempt to secure a recovery sufficient to include your damages
and attorney fees. But you are advised that the Client routinely must pay his own
attorney, even when the law permits the prevailing claimant to recover attorney fees
incurred by the client. Of course, even were we to successfully secure a judgment in
your favor, that is no guarantee that you will actually collect any of the damages or
other sums, and unless the Defendants have insurance or assets subject to execution and
sale by the Sheriff, the judgment will not be collectible.
You will also be responsible for the payment of expenses as they are incurred.
Expenses you can expect in a case of this type include filing fees, sheriff fees; witness
fees and deposition costs, if any are needed. It is our usual practice to send to our clients
for direct payment the invoices we receive from third parties such as court reporters,
expert witnesses, and reproduction services. You will be expected to pay such invoices
promptly upon receipt. We will invoice you on a monthly basis for all expenses and fees
incurred by us on your behalf.
If you believe the expenses are mounting too rapidly, please contact us
immediately so we can assist you in evaluating how they might be curtailed in the
future. When we do not hear from you, we assume that you approve of the overall level
of activity on our part in this case on your behalf.
Frequently, clients request that we provide them estimates as to fees and
expenses. It must be understood that such estimates are just that, and that the fees and
expenses required are ultimately a function of many conditions over which we have little
or no control, particularly the extent to which the opposition files pretrial motions and
engages in its own discovery. :
Our hourly rates do not include any interest factor for slow payment. Because of
this and the additional fact that we do not include a service charge for late payments, we
must insist that our clients pay their bills promptly. If we become insecure in our belief
that you can meet your financial obligations to the Firm, we will typically discuss that
concern with You but you are hereby advised that the Firm will withdraw from this
representation if you cannot provide acceptable assurances, most likely in the form of
ongoing retainers, for us to continue.
We reserve the right to request an additional retainer in the event significant
events in the life of this representation are scheduled. For instance, if trial is scheduled or
a significant amount of discovery must be conducted, you can expect that we will request
an additional retainer before we expend significant effort on your behalf.Ron Tripodo
c/o Thomas D. Sherman
February 12, 2010
Page 4
Nothing in this agreement shall be construed to require the Firm to act as Your
appellate counsel in this matter and we reserve the right to withdraw if the matter is
appealed.
While we anticipate an amicable and productive working relationship, we support
the rules of professional conduct promulgated by the State Bar of Texas which seek to
inform every citizen of their rights to complain of attorney misconduct, and of the
procedures to foltow in filing such a complaint. The State Bar of Texas investigates and
Prosecutes attorneys for professional misconduct. Although not every complaint against
or dispute with a lawyer involves professional conduct, the State Bar of General Counsel
will assist citizens in providing information about the filing of complaints. Their toll free
number is 1-800-932-1900.
All client-supplied materials and all attomey end product (collectively “client
materials”) are the property of the Client. Examples of attorney end product are
documents filed with the court or served on any party or correspondence of any type.
Everything else is attorney work product.
Attorney work product is the property of the Firm. Examples include photocopies
of client materials, as well as drafts, notes, internal memoranda, administration materials
and any other type of attorney work product.
Client has an affirmative duty to retrieve those client materials not previously
forwarded to Client during the course of this representation or to direct the Firm to
forward the client materials at Client’s expense. The Firm may retain copies of all such
documents as well as all other material.
If Client fails to retrieve the client materials or request the Firm to forward them,
this failure shall be regarded as Client’s authorization for the Firm to destroy the client
materials without further notice to the Client.
The Firm may destroy any of Client’s files at any time with Client’s written
authorization and in any event, after five years from the conclusion of the representation.
During that five year period, the Firm shall make such files available to the Client for
copying. No further notice to Client will be required prior to destruction.
Further, in the event the Client has not paid its account in full, Client hereby
agrees that it has no right to access those documents that are attorney work product.
At all times the Client is to keep the Firm apprised of its current address, relevant
phone numbers, and email addresses. The Client is responsible for communicating with
the Firm and responding to inquiries from the Firm in a timely manner. Failure to do so
may place the ends of the representation in jeopardy and lead to the Firm’s withdrawal.
SS
InitialsRon Tripodo
cfo Thomas D. Sherman
February 12, 2010
Page 5
The billing sent by the Firm to the Client is normally a detailed accounting of
time spent on the Client’s behalf by the Firm and contains a significant amount of
information that is protected by the attorney-client privilege. Therefore, bills sent by the
Firm to the Client must not be shown to non-Client third parties without the consent of
the Firm, as such disclosure might be considered a waiver of the attorney-client privilege
and may lead to severe consequences to both the Client and the Firm.
The attorney-client relationship will be considered ended upon the Firm’s
completion of the specific services that you have retained us to perform.
Any controversy or claim between the parties arising out of or relating to this
Contract, any provision of it, or any breach or alleged breach of it that cannot be resolved
by the parties through negotiation will be settled by arbitration according to the rules of
the American Arbitration Association, and judgment on the award rendered by the
arbitrators may be entered in any court having jurisdiction of the award.
In the event that we withdraw as your attorney or if the matter concludes and a fee
is due and unpaid, Client hereby grants Darrell W. Cook & Associates a lien on this cause
of action, and a lien on any proceeds and any judgments recovered in connection with
this cause of action as security for the payment of attorney's fees and expenses as
contracted herein,
In the event you decide to pay any portion of the fees due in this matter with a
credit card, you agree to pay the costs of the credit card transaction charged by your
credit card, which is approximately 3% of the gross amount of the transaction.
Finally, you agree to be truthful with the Firm in all matters.
Please contact me if you have any questions as to our working arrangement as
teflected by this letter. If after reading this letter you understand and agree with its
provisions, please indicate your approval by placing your signature on the line provided
below on both the original and the copy. You may retain the copy for your reference.
Please return the original to our office with your check for the deposit.
oN
InitialsRon Tripodo
c/a Thomas D. Sherman
February 12, 2010
Page 6
Until such time as the Firm receives both this signed Fee Agreement AND the
_ Fequested retainer, no representation of you on this matter has commenced.
Sincerely,
DARRELL W. COOK & ASSOCIATES,
A PROFESSIONAL CORPORATION
/s/ DWCook
DARRELL W. COOK
dwcook@attomeycook.com
DWC/we
APPROVED, AGREED, AND ACCEPTED:
—
Ron Tripodo, Individually and on behalf of Tricon/Towerwerks, Inc. and ROPA
Properties, LLC.
_——
InitialsRon Tripodo
c/o Thomas D. Sherman
February 12, 2010
Page 7
PERSONAL GUARANTEE OF THOMAS LEKSAN
In consideration of credit being extended by DARRELL W. COOK & ASSOCIATES to
RON TRIPODO, TRICON/TOWERWERKS, INC. AND ROPA PROPERTIES, LLC
(aggregately known as “Client”) for Legal Services and expenses to be supplied,
THOMAS LEKSAN, the undersigned guarantor, hereby contracts and guarantees to
DARRELL W. COOK & ASSOCIATES the faithful payment, when due, of all accounts
of said Client The undersigned expressly waives all notice of acceptance of this
guarantee, notice of extension of credit to Client, presentment, and demand for payment
on Client, protest and notice to undersigned guarantor of dishonor or default by Client,
extension of time of payment to applicant, acceptance of partial payment or partial
compromise, al] other notices to which the undersigned guarantor might otherwise be
entitled and demand for payment under this guarantee. Any revocation of this guarantee
shall be in writing and delivered to DARRELL W. COOK & ASSOCIATES. THOMAS
LEKSAN hereby acknowledges that DARRELL W. COOK & ASSOCIATES would not
accept the representation that is the subject of this fee contract but for his guaranty.
THOMAS LEKSAN, Guarantor
TnitialsEXHIBIT
EXHIBIT 2Tripodo
Property Inv Date Invoice # Inv amt Total
American Communications 07/01/10 30669 $10,174.00
American Communications 08/01/10 30891 $2,922.50
American Communications 09/01/10 31091 $133.36
Total Balance Owed $13,229.86DARRELL W. CooK & ASSOCIATES
A PROFESSIONAL CORPORATION - FEIN: 75-2906482
. ONE MEADOWS BUILDING
5005 GREENVILLE AVE., SUITE 200
DALLAS, TX 75206
TELEPHONE: 214-368-4686
FACSIMILE: 214-363-9979
Ron Tripodo
Tricon/Towerworks Inc. & Properties, LLC
1171 Bridgemill Ave
Canton GA 30114
July 01, 2010
Invoice #: 30669
In Reference To: American Communications LLC
Professional Services
Hrs/Rate Amount
6/1/2010 KEB Continue drafting response to application for temporary 1.50 382.50
restraining order. 255.00/hr
Dbwc 0.10 31.50
315.00/hr
KG Scan and save Application for Temporary Restraining Order and 0.10 3.00
Temporary Injunction. 30.00/hr
pwc 0.40 126.00
: 318.00/hr
6/2/2010 DWC 0.90 283.50
315.00/hr
KEB 1.20 306.00
255.00/hr
KEB_ Continue drafting response to application for temporary injunction. 450 1,147.50
255.00/hr
DWC 0.60 189,00
315.00/hrRon Tripodo
Tricon/Towerworks inc. & Properties, LLC
Page 2
- Hrs/Rate Amount
6/2/2010 DWC 0.50 157.50
315.00/hr
DWC Telephone call from Daran Burns -- voice mail -- returning a call 0.10 NO CHARGE
from his email earlier today. 315.00/hr
DWwc 3.80 1,197.00
315.00/hr
DWwc 0.10 NOCHARGE
315.00/hr
6/3/2010 SEM Scan and save the Temporary Restraining Order issued to 0.50 32.50
Tricon/Towerworks, Inc. Scan and save the Notice of Show 65.00/hr
Cause Order issued to Tricon/Towerworks, Inc. Scan and save
the Temporary Restraining Order issued to ROPA Properties,
LLC. Scan and save the Notice of Show Cause Order issued to
ROPA Properties, LLC. Scan and save the Temporary
Restraining Order issued to Ron Tripodo. Scan and save the
Notice of Show Cause Order issued to Ron Tripodo.
4.50 1,147.50
255.00/hr
~ ==.
DWwc. 0.40 126.00
315.00/hr
oe
0.50 15.00
30.00/hrRon Tripodo
Tricon/Towerworks Inc. & Properties, LLC
Hrs/Rate
6/7/2010 KEB_ Telephone call to 95th District Court -- spoke -- Rescheduled
hearing for June 17, 2010.
KEB_ Telephone call to 95th District Court -- spoke -- Moved hearing to
9 a.m. on June 23. .
Dwc
KEB Draft order extending temporary restraining order. Send via email
to opposing counse!.
KEB Review revisions to Order Extending TRO from opposing counsel.
KEB Draft email to Sherman, Burns and Archer regarding new date for
appeal of dismissal of motion for enforcement.
SEM Process fax from Mr. Jeffrey Lowenstein containing the Plaintiffs
Motion for Partial Summary Judgment on Plaintiffs’ Breach of
Settlement Agreement Claim. Scan and save correspondence
and pleadings. .
SEM Process fax from Mr. David Grant Crooks containing the proposed
Order for Turnover Relief. Scan and save correspondence and
pleadings.
2 TE
6/8/2010 SEM Process fax from Mr. Jeffrey Lowenstein containing the Agreed
Order Extending Temporary Restraining Order which was signed
by all parties. Scan and save correspondence and pleadings.
6/10/2010 KEB | ees
KEB Finish drafting discovery in support of special appearance.
Prepare for service on Defendant.
SEM Calendar the deadline to respond to the Plaintiffs Motion Enforce
Settlement Agreement and corresponding events.
“0.10
255.00/hr
0.20
255.00/hr
0.30
315.00/hr
0.30
315.00/hr
0.50
255.00/hr
0.30
255.00/hr
0.10
255.00/hr
0.20
65.00/hr
0.20
65.00/hr
1.00
255.00/nr
0.20
65.00/hr
1.80
255.00/hr
1.50
255.00/hr
3.40
255.00/hr
0.50
65.00/nr
Page 3
Amount
25.50
51.00
NO CHARGE
NO CHARGE
127.50
76.50
25.50
13.00
13.00
255.00
13.00
459.00
382.50
867.00
32.50Ron Tripodo
Tricon/Towerworks Inc. & Properties, LLC _
6/10/2010 SEM
6/11/2010 SEM
SEM
SEM
6/14/2010 KEB
Dwc
Process fax from Mr. Jeffrey Lowenstein containing the Notice of
Hearing on Motion for Partial Summary Judgment on Plaintiffs’
Breach of Settlement Agreement Claim. Scan and save
correspondence and pleadings. Calendar hearing date and
corresponding events.
Telephone call to Barry Gumm -- Spoke with Alan to set up a
hand delivery to Mr. Jeffrey Lowenstein. The delivery package
included the following: (1) enclosure letter to Mr. Lowenstein; (2)
Defendant ROPA Properties, LLC's First Set Interrogatories, First
Requests for Production and First Requests for Admissions to
Plaintiff American Communications, LLC; and (3) Defendant
ROPA Properties, LLC's First Set of Interrogatories, First
Requests for Production and First Requests for Admissions to
Plaintiff Tricon/Towerworks, LLC.
Draft enclosure letter to Mr. Jeffrey Lowenstein via hand delivery.
Copy and prepare documents. Process and prepare enclosure
letter along with Defendant ROPA Properties, LLC’s First Set of
Interrogatories, First Requests for Production, and First Requests
for Admissions to Plaintiff American Communications and the
Defendant ROPA Properties, LLC's First Set of interrogatories,
First Requests for Production, and First Request for Admissions
to Plaintiff Tricon/Towerworks, LLC to Mr. Lowenstein for hand
delivery by On-Time Couriers. Scan and save correspondence
and discovery pleadings.
Calendar deadline for the Plaintiffs Response to Defendant
ROPA Properties, LLC's First Set of Interrogatories, First
Requests for Production, and First Request for Admissions to
Plaintiff American Communications, LLC and Plaintiff
Tricon/Towerworks, LLC.
Telephone call from Jeffrey S Lowenstein -- spoke -- discuss his
motion for contempt. He also discusses options for settlement.
He seems very interested in a meeting to discuss settlement.
Hrs/Rate
0.50
6§.00/hr
0.10
65,00/hr
0.80
65.00/hr
0.10
65.00/hr
0.50
255.00/hr
0.60
315.00/hr
0.50
315.00/hr
0.50
315.00/hr
4
Amount
32.50
6.50
52.00
6.50
127.50
189.00
157.50
157.50Ron Tripodo
Tricon/Towerworks Inc. & Properties, LLC
Page 5
Hrs/Rate Amount
6/14/2010 DWC 0.10 31.50
315.00/hr
SEM Process fax from Mr. Jeffrey Lowenstein containing the Plaintiff's 0.20 43.00
Motion for Contempt Against ROPA Properties, LLC. Scan and 65.00/hr
save correspondence and pleadings.
6/15/2010 LGC Update client file with opposing attorney's assistant's contact 0.10 7.50
information. 75.00/hr
DWC. Telephone call to Jeffrey S Lowenstein -- spoke - The court has 0.30 94.50
ordered a new hearing on the Temporary Injunction. Provide 315.00/hr
preliminary dates we are available.
6/1672010 OVC aaa, 90 31.80
315.00/hr
6/17/2010 LGC Fax, scan and save Second Agreed Order to Rebecca Hicks for 0.10 7.50
Owc. 75.00/nr
6/18/2010 LGC Draft DWC vacation letter and mail to court. Fax same to client 0.30 NO CHARGE
and opposing attorneys. 75.00/hr
6/21/2010 LGC Scan DWC vacation letter to update client file. 0.10 NO CHARGE
75.00/hr
6/23/2010 KEB_ Telephone call to Jeffrey S Lowenstein -- spoke -- He won't agree 0.20 51.00
to the continuance on the hearing for the MSJ. Wants to schedule 255.00/hr
mediation.
KEB oe" motion for continuance of Plaintiffs’ hearing on 2.00 510.00
r summary judgment. Prepare for filing. 255.00/hr
6/24/2010 PJS Scan & save file-marked Defendant ROPA Properties, LLC's 0.10 7.50
Emergency Motion for Continuance of Hearing on Plaintiffs’ 75.00/hr
Motion for Partial Summary Judgment on Plaintiffs‘ Breach of
Settlement Agreement Claim and Fiat setting hearing of same;
email to DWC.
SEM Draft enclosure letter to Mr. Jeffrey Lowenstein via facsimile only. 0.50 32.50
Draft fax cover sheet to Mr. Lowenstein. Process and fax 65.00/hr
enclosure letter along with the file-stamped Defendant ROPA
Properties, LLC's Emergency Motion for Continuance of Hearing
on Plaintiffs Motion for Partial Summary Judgment on Plaintiff'sRon Tripodo
Tricon/Towerworks Inc. & Properties, LLC
Page 6
Hrs/Rate Amount
Breach of Settlement Claim to Mr. Lowenstein for his records.
Scan and save correspondence. .
6/24/2010 SEM Draft Hearing Notice for the Defendant ROPA Properties, LLC's 0.50 32.50
Emergency Motion for Continuance of Hearing on Plaintiffs 65,00/hr
Motion for Partial! Summary Judgment on Plaintiffs Breach of
Settlement Agreement Ciaim to Mr. Jeffrey Lowenstein via
facsimile only and copy the Dallas County District Clerk via first
class mail. Draft fax cover sheet to Mr. Lowenstein. Copy and
prepare documents. Fax and mail the Hearing Notice along with
the FIAT to Mr. Lowenstein for his records and copy the court for
filing purposes. Scan and save correspondence.
6/28/2010 SEM Receipt of hand delivered enclosure letter from Mr. Jeffrey 0.30 19.50
Lowenstein including the Plaintiffs Response to Defendant ROPA 65.00/hr
Properties, LLC Emergency Motion for Continuance. Scan and
save correspondence and pleadings.
KEB 0.20 51.00
259.00/hr
6/29/2010 KEB 2.00 510.00
255.00/hr
1, 190,318.00
. 315.00/hr
LGC es « and print docs for trial 0.50 37.50
and update client file with same. 75.00/hr
6/30/2010 LGC Scan file stamped copy of DWC vacation letter to update client file. 0.10 NO CHARGE
75.00/hr
DWC Trip to Courthouse for motion for continuance. Wait on judge to 2.20 693.00
call case. Argue motion. Judge grants continuance of the Partial 315.00/hr
Motion for Summary Judgment. Meet with Lowenstein after the
hearing to discuss scheduling. Lowenstein also discusses
mediation. Return to office. Draft email to client and lawyers
updating current information and regarding Lowenstein's desire to
mediate.
For professional services rendered 44.80 $10,659.50
Additional Charges :
6/11/2010 DWC 14.50
Courier Fee, Paid to On Time Couriers Ck No 5824.Ron Tripodo
Tricon/Towerworks Inc. & Properties, LLC
Total costs
Total amount of this bill
Previous balance
6/8/2010 Payment - Thank You. Check No. 1407
7/6/2010 Payment - Thank You. Check No. 1353
Total payments and adjustments
Please replenish Client funds with
Balance due
Prior balances are due immediately. Current charges are due on or before 06/30/2010.
Page 7
Amount
$14.50
$10,674.00
$7,063.86
($2,749.36)
($3,000.00)
($5,749.36)
$5,000.00
316,988.50
. Thank you.DARRELL W. Cook & ASSOCIATES
A PROFESSIONAL CORPORATION - FEIN: 75-2906482
ONE MEADOWS BUILDING
5005 GREENVILLE AVE., SUITE 200
DALLAS, TX 75206
TELEPHONE: 214-368-4686
FACSIMILE: 214-363-9979
Ron Tripodo
Tricon/Towerworks Inc. & Properties, LLC
1171 Bridgemill Ave
Canton GA 30114
August 01, 2010
Invoice #: 30891
In Reference To:American Communications LLC
Professional Services
—Hrs/Rate = ____ Amount
7/1/2010 KEB Continue drafting First Amended Special Appearance. 2.50 637.50
255.00/hr
7/2/2010 DWC Telephone call to Jeffrey S Lowenstein -- spoke -- Called to confer 0.10 34.50
on our motion to continue the summary judgment setting, He 315.00/hr
said that they would move it and will get back to us. Told him any
day on the 6th or later would be fine.
KC Qs 250 637.50
255.00/hr
7/6/2010 SEM Process fax from Mr. Jeffrey S. Lowenstein containing the 0.20 13.00
Plaintiff's First Notice of Reset of Hearing on the Plaintiffs Motion 65.00/hr
for Partial Summary Judgment on Plaintiff's Breach of Settlement
Agreement Claim. Scan and save correspondence and pleadings.
SEM Process fax from Mr. Jeffrey S. Lowenstein containing the 0.20 13.00
Plaintiffs Second Notice of Reset of Hearing on the Plaintiffs 65.00/hr
Motion for Partial Summary Judgment on Plaintiffs Breach of
Settlement Claim. Scan and save correspondence and pleadings.
7/7/2010 DWC Telephone call from Jeffrey S Lowenstein -- spoke -- Discuss 0.70 220.50
scheduling. Conclusion: He will move the TI hearing to a later 315.00/hr
date and we will go first with our Special Appearance. Discuss
mediation. Agree that July 26 might work. We will both talk to our
clients to decide. Determine to use Chris Noliand, if he is
available.Ron Tripodo,
Tricon/Towerworks Inc. & Properties, LLC
7/12/2010 KEB
7/13/2010 KEB
7/14/2010 KEB
KEB
7/18/2010 DWC
7/19/2010 DWC
7/22/2010 LGC
7/23/2010 OWC
7/27/2010 LGC
ar aaa aera Draft email to Jeff
owenstein about obtaining documents.
Review email from Jeff Lowenstein regarding scheduling issues
and obtaining proscton, rr
Tel/con with Jeffrey Crouch. He has been retained to represent
the Defendants. Discuss history of the case. He is going to file a
designation of lead counsel and notice of appearance.
Discuss with Tree getting the file ready for pick up by new
counsel's office.
Telephone call from Mr. Jeffrey L. Crouch -- spoke -- Extensive
conversation regarding the case.
Telephone call from Mr. Jeffrey L. Crouch -- spoke -- Long
discussion invoiving the case and the strategy we have employed.
Scan and save accounting documents
Telephone call to Mr. Jeffrey L. Crouch — spoke -- Discuss
forwarding emails. Work on segregating emails into a format in
which | can send them to Jeff Crouch.
Calendar scheduling order.
For professional services rendered
Previous balance
7/14/2010 Payment - Thank You. Check No. 1459
Total payments and adjustments
Balance due
Prior balances are due immediately. Current charges are due on or before 08/31/2010
Hrs/Rate
0.10
315.00/hr
0.80
255.00/hr
0.20
255.00/hr
0.50
255.00/hr
0.20
255.00/hr
0.60
315.00/hr
1.10
315.00/hr
0.10
75.00/hr
1.20
315.00/hr
0.30
75.00/hr
11.30
. Thank you.
Page 2
——Amount
NO CHARGE
204.00
51.00
127.50
51.00
189.00
346.50
NO CHARGE
378.00
22.50
"$2,922.60
$11,988.50
($1,314.50)
($1,314.50)
$13,596.50
——Ron Tripodo
Tricon/Towerworks Inc. & Properties, LLC
Page 3DARRELL W. Cook & ASSOCIATES
A PROFESSIONAL CORPORATION - FEIN: 75-2906482
ONE MEADOWS BUILDING
5005 GREENVILLE AVE., SUITE 200
DALLAS, TX 75206
TELEPHONE: 214-368-4686
FACSIMILE: 2143639979
Ron Tripodo
Tricon/Towerwarks Inc. & Properties, LLC
1171 Bridgemill Ave
Canton GA 30114
September 01, 2010
Invoice #: 31091
In Reference To:American Communications LLC
Professional Services
Hrs/Rate Amount
8/3/2010 TLB Draft enclosure letter and fax cover sheet to Mr. Lowenstein and Mr. 0.20 15.00
Crouch; process and fax enclosure letter along with Motion to 75.00/hr
Withdraw to Mr. Lowenstein and Mr. Crouch for their records, Scan
and save correspondence and pleadings.
KEB Prepare motion to withdraw for filing. Upload to court. ° 0.40 102.00
255.00/nr
For professional services rendered 0.60 $117.00
Additional Charges :
8/3/2010 DWC
16.36
e-Filing Fee for Motion for Withdrawal. CaseFile
Total costs
Total amount of this bill
Previous balance
Balance due
$16.36
$133.36
$13,596.50
$13,729.86
Prior balances are due immediately. Current charges are due on or before 09/30/2010. Thank you.EXHIBIT
EXHIBIT 3+ ed715/2018 14:48 6234219444 ATTORNEYS AT LAW PAGE 81/82
THOMAS J. LEKSAN CO, L.P.A,
ALEGAL PROFESSIONAL ASSOCIATION
1000 TRI-STATE BUILDING
432 WALNUT STREET
CINCINNATI OHIO 45202
OHIO, KENTUCKY 513-665-9400
AND UNITED STATES . . FACSIMILE:
FEDERAL CGURTS tleksan@leksanlaw.com 513-421-9444
PLEASE DELIVER THIS FACSIMILE TRANSMISSION TO:
Name:_ QPARatC 4) Coog Date: _2- /S> /0
Firm/Company
Facsimile number: 2/4 — 963 - 997% __ Pages (including cover page): 2.
Re__ 2-/2-/0 fee Aewemo? ~ TR 1PoLe
Instructions:
No original documents will follow.
+ Original documents will follow by regular U.S. mail.
This message is intended for use only by the individual or entity to which it is
addressed and may contain information that is privileged, confidential, and exempt
from disclosure under applicable law. If the reader of this message is not the intended
recipient, or the employee or agent responsible for delivering the message to the
intended recipient, you are hereby notified’ that any dissemination, distribution or
copying of this communication is strictly prohibited. If you have received this
- communication in error, please notify us immediately by telephone, and return the
original facsimile to us at the above address.
IF YOU DO NOT RECEIVE A COMPLETE TRANSMISSION, PLEASE CALL (513) 665-9400.* . *O2715/2818 14:48 5134219444 ATTORNEYS AT LAW PAGE 082/82
Ron Tripodo
c/o Thomas D, Sherman
February 12, 2010
Page 7
PERSONAL GUARANTEE OF THOMAS LEKSAN
In consideration of credit being extended by DARRELL W. COOK & ASSOCIATES to
RON TRIPODO, TRICON/TOWER WERKS, INC. AND ROPA PROPERTIES, LLC
(aggregately known as “Client") for Legal Services and expenses to be supplied.
THOMAS LEKSAN, the undersigned guarantor, hereby contracts and guarantecs to
DARRELL W. COOK & ASSOCIATES the faithful payment, when due. of atl accounts
of said Client The undersigned expressly waives all notice of acceptance of this
guarantee, notice of exlension of credit to Client, presentment, and demand for payment
on Client, protest and notice to undersigned guarantor of dishonor or default by Client,
extension of time of payment to applicant, acceptance of partial payment or partial
compromise. all other notices to which the undersigned guarantor might otherwise be
entitled and demand for payment under this guarantee. Any revocation of this guarantee
shall be in writing and delivered to DARRELL W. COOK & ASSOCIATES. THOMAS
Shy acknowledges that DARRELL W. COOK & ASSOCIATES would nut
tation that is the subject of this fee contract but for his guaranty,
“Initiale”oem SANDRA LANTZ
DARRELUEW2 CooK & ASSOCIATES
A PROFESSIONAL CORPORATION
KELLY E. BRYAN 0 ANVILLE AVENUE, SUITE 200
1ODEC 3TCPE F769
DARRELL W. COOK
Lisa A. FAUCHEAUX DALLAS, TEXAS 75206
CATHERINE A, KEITH
Mary ELLEN P. SMITH TELEPHONE: (214) 368-4686
TELECOPY: (214) 363-9979
TOM MELTON .
OF COUNSEL DEPUTY WWW.ATTORNEYCOOK.COM
December 30, 2010
Via U.S. FIRST CLASS MAIL
Dallas County District Clerk
ATTN: Civil Intake
George L. Allen, Sr. Courts Building
600 Commerce Street, Suite 103
Dallas, TX 75202 ay
Re: Darrell W. Cook, P.C. d/b/a Darrell W. Cook & Associates, A Professional
Corporation v. Thomas J. Leksan in the Judicial District Court of Dallas
County, Texas;
Cause No. ! O- (o%33
Dear Clerk of the Court:
In reference to the above matter, enclosed for filing please find an original and two (2)
copies of Plaintiff's Original Petition. Please file the original and return a file-marked copy to
this office in the self-addressed, stamped envelope which has been enclosed for your
convenience. Additionally, please find our firm check in the amount of $255.00 in payment of
filing and issuance fees. Further, please issue a Citation to the named Defendant as follows at
the address indicated below:
THOMAS J. LEKSAN
1000 Tri-State Building
432 Walnut Street
Cincinnati, Ohio 45202
Thank you for your assistance in this matter, and should you have any questions or if I
can be of any further assistance, please to not hesitate to contact me.
Very truly yours,
TLB
Enclosures
Preview
Ot -0#- 10 - ae , \ We CAUSE NO. b- \lo¥ x3 IODEC31 PM 1:09 DARRELL W. COOK, P.C. D/B/A § IN THE DISTRICT COURT DARRELL W, COOK & § roe “ ASSOCIATES, A PROFESSIONAL —§ ee CORPORATION § 4 : Plaintiff, § re JUDICIALS TY § v. § § THOMAS J. LEKSAN, § DALLAS COUNTY, TEXAS Defendant. PLAINTIFF'S ORIGINAL PETITION DARRELL W. COOK, P.C. D/B/A DARRELL W. COOK & ASSOCIATES, A PROFESSIONAL CORPORATION, Plaintiff, files its Original Petition against THOMAS J. LEKSAN, Defendant, as follows: Nv L DISCOVERY CONTROL PLAN In accordance with Tex. R. Civ. P. 190.2 the Plaintiff designates this case as a level | case. I. PARTIES Plaintiff, DARRELL W. COOK, P.C. D/B/A DARRELL W. COOK & ASSOCIATES, A PROFESSIONAL CORPORATION, is a professional corporation organized and existing under the laws of the State of Texas, having its offices and ~ principal place of business in Dallas County, Texas. el Defendant, THOMAS J. LEKSAN, is an individual and domiciliary of the State o ee Ohio, who may be served at his principal place of business located at 1000 Tri-State Building, 432 Walnut Street, Cincinnati, Ohio 45202, or wherever he may be found. PLAINTIFF'S ORIGINAL PETITION PAGE | OF 6I, COUNT ONE Breach of Contract for Services Performed for the Benefit of Ron Tripodo Plaintiff entered into an agreement with Ron Tripodo [hereinafter “TRIPODO”] whereby Plaintiff agreed to provide legal services to TRIPODO on or about February 12, 2010. See fee agreement attached hereto and incorporated herein by reference as Exhibit 1, Pursuant to the terms of their agreement, Plaintiff invoiced Defendant for services performed. See invoices attached hereto and incorporated herein by reference as Exhibit 2. Defendant signed a Personal Guarantee promising to pay any and all outstanding accounts of TRIPODO. See personal guarantee attached hereto and incorporated herein by referenced as Exhibit 3. As of the filing of this cause of action, the sum of thirteen thousand two hundred twenty nine dollars and eighty-six cents ($13,229.86) exclusive of interest, was due and owing from TRIPODO to Plaintiff. TRIPODO’s failure to pay constitutes a breach of contract. Therefore, Plaintiff claims the sum of thirteen thousand two hundred twenty-nine dollars and eighty-six cents ($13,229.86) from the Defendant as damages incurred by reason of TRIPODO's breach of contract, plus interest at the contract rate of 6.00% from the date of default. On or about February 15, 2010, Defendant executed a Personal Guarantee whereby Defendant agreed to personally and unconditionally guarantee the “faithful payment, when due, of all accounts of said Client [TRIPODO].” See Exhibit 3. TRIPODO failed to pay the above-referenced invoices and Plaintiff made demand for payment upon Defendant under the terms of the Personal Guarantee. Defendant failed and PLAINTIFF'S ORIGINAL PETITION PAGE 2 OF 6refused, and continues to fail and refuse to pay the invoices. Defendant’s failure to pay constitutes a breach of the Personal Guarantee. Therefore, Plaintiff claims the sum of thirteen thousand two hundred ‘twenty-nine dollars and eighty-six cents ($13,229.86) as damages incurred by reason of Defendant’s breach of the personal guarantee Iv. COUNT TWO Suit on a Verified Account for Services Furnished to Ron Tripodo 6. The claims in this Count are in the alternative to the claims in Count One. Plaintiff would show that, at the special instance and request of TRIPODO, Plaintiff provided the services described in the invoices attached hereto and incorporated herein by reference as Exhibit 2. Defendant became bound to pay the reasonable value of the services furnished by Plaintiff to TRIPODO under the terms of the Personal Guarantee that he executed with Plaintiff. See Exhibit 3. The reasonable value of the unpaid services furnished by Plaintiff at the request of TRIPODO, excluding interest, is thirteen thousand two hundred twenty-nine dollars and eighty-six cents ($13,229.86). This sum is a liquidated money demand arising out of the business dealings between the parties upon which a systematic record has been kept, and all just and lawful offsets, payments, and credits have been allowed. Though often requested, Defendant has failed and refused and continues to fail and refuse to pay the sum of money for the services described in Exhibit 1, to the damage of Plaintiff in the amount of thirteen thousand two hundred twenty-nine dollars and eighty-six cents ($13,229.86). PLAINTIFE’S ORIGINAL PETITION PAGE 3 OF 6v. COUNT THREE Quantum Meruit 7. Pleading in the alternative, services were rendered to TRIPODO directly in that TRIPODO received the services. As a direct result of Plaintiff's provision of the services, a benefit was conferred on the TRIPODO in that the TRIPODO has had beneficial use and enjoyment of the services. TRIPODO accepted the benefit of Plaintiff's services, Specifically, the TRIPODO accepted the services. Defendant became bound to pay the reasonable value of the services furnished by Plaintiff to TRIPODO under the terms of the Personal Guarantee that he executed with Plaintiff. See Exhibit 3. 8. The reasonable value of the services that Plaintiff provided to TRIPODO was thirteen thousand two hundred twenty-nine dollars and eighty-six cents ($13,229.86). Plaintiff reasonably expects payment for the services provided because the Plaintiff has provided similar services for others in the community, for which Plaintiff has been paid, and Plaintiff knows TRIPODO only through a business relationship. 9. The Plaintiff has presented the claim as described above to Defendant for payment. TRIPODO will be unjustly enriched in the amount claimed by Plaintiff if allowed to retain the benefit conferred on it without payment for the reasonable value of the services provided by Plaintiff to TRIPODO described above. PLAINTIFF'S ORIGINAL PETITION PAGE 4 OF 6VI. COUNT FOUR Attorney's Fees 10. Plaintiff has demanded payment from Defendant for the services provided by Plaintiff to TRIPODO. Because of Defendant’s refusal to pay the invoice(s) due and owing to Plaintiff, it has become necessary for Plaintiff to place its claim in the hands of the undersigned attorney for collection, and Plaintiff has agreed to pay said attorney a reasonable attomey's fee. Therefore, upon judgment being entered herein, Plaintiff is entitled to collect and hereby sues to recover its reasonable attorney's fees pursuant to Tex. Civ. Prac. & Rem. Cope. § 38.001 at the trial court and on appeal. VIL. DISCLOSURES ll. Pursuant to Rule 194, Defendant THOMAS J. LEKSAN is requested to disclose, within 50 days of service of this petition, the information or material described in Tex. R. Civ. P 194.2. VIEL. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff, DARRELL W. COOK, P.C. D/B/A DARRELL W. COOK & ASSOCIATES, A PROFESSIONAL CORPORATION, prays that THOMAS J. LEKSAN, Defendant, be cited to appear and answer herein and that upon final hearing Plaintiff have judgment against Defendant for the following: PLAINTIFE’S ORIGINAL PETITION PAGE 5S OF 6a. The sum of thirteen thousand two hundred twenty-nine dollars and eighty-six cents ($13,229.86) on its theories of Sworn Account, Breach of Contract, and Quantum Meruit; b. Pre-judgment interest of 6.00% per annum; c. Post-judgment interest at the rate per armum as published by the Texas Office of Consumer Credit Commission at the time of Judgment; d. Attorneys’ fees in a reasonable amount pursuant to TEX. CIV. PRAC. & REM. CODE § 38.001 at the trial and on appeal; e. Costs of court; f. Costs of collection; g. Such other and further relief, at law or in equity, to which Plaintiff may show itself justly entitled. Respectfully Submitted, DARRELL W. COOK & ASSOCIATES A PROFESSIONAL CORPORATION AARRELL W. COOK State Bar No. 00787279 JEFFREY W. MARTIN State Bar No. 24052274 One Meadows Building 5005 Greenville Ave., Suite 200 Dallas, TX 75206 (214) 368-4686 (214) 363-9979 Telecopy ATTORNEYS FOR PLAINTIFF PLAINTIFF’S ORIGINAL PETITION PAGE 6 OF 6CAUSE NO. DARRELL W. COOK, P.C. D/B/A DARRELL W. COOK & ASSOCIATES, A PROFESSIONAL CORPORATION Plaintiff, IN THE DISTRICT COURT JUDICIAL DISTRICT v. THOMAS J. LEKSAN, Defendant. DALLAS COUNTY, TEXAS LA LP OP Lr UP LL LP UP STATE OF TEXAS § DALLAS COUNTY : AFFIDAVIT OF DARRELL W. COOK BEFORE ME, the undersigned authority, on this day personally appeared Darrell W. Cook, the affiant, a person whose identity is known to me. After | administered the oath, the affiant testified: 1. “My name is Darrell W: Cook. I am over 18 years of age, of sound mind, and capable of making this affidavit. 2. “The facts stated in this affidavit are within my knowledge and are true and correct. 3. “This action is based on an open account and a written contract for services performed, of which a systematic record was kept. 4. “lam employed by DARRELL W. COOK, P.C. D/B/A DARRELL W. COOK & ASSOCIATES, A PROFESSIONAL CORPORATION, Plaintiff; and | have or a person under my supervision has care, custody, and control of all records concerning the account of RON TRIPODO and Defendant THOMAS J. LEKSAN. 5. “These records show that a principal balance of thirteen thousand two hundred twenty-nine dollars and eighty-six cents ($13,229.86), exclusive of interest, is due and payable by the Defendant named herein to DARRELL W. COOK, P.C. D/B/A DARRELL W. COOK & ASSOCIATES, A PROFESSIONAL CORPORATION, Plaintiff. AFFIDAVIT OF DARRELL W. COOK PaGe 1 OF 26. “Defendant's account, marked 'Exhibit 2' and attached to Plaintiff's Original Petition and incorporated heréin by reference, is within my knowledge just and true, it is dues, and all just and lawful offsets, payments, and credits have been allowed. 7. “Demand for payment of the just amount owed Plaintiff by Defendant has been made on Defendant, and payment for the just amount owing has not been tendered.” DARRELL W. COOK, P.C. D/B/A DARRELL W. COOK & ASSOCIATES, A PROFESSIONAL CORPORATION Plaintiff BY: _. DARRELL W. COOK, Affiant SIGNED AND SWORN to before me by Darrell W. Cook on the ad" iay of , 2010. LINDA GERETTE COONS MY COMMISSION EXPIRES sanuary 13, 2013 Notary Public in and for the State of Texas My commission expires: a 13/13 AFFIDAVIT OF DARRELL W. COOK PAGE 2 OF 2EXHIBIT 1 EXHIBIT 1DARRELL W. CooK KELLY E. BRYAN STEPHEN W. Davis CATHERINE A. KEITH Tom MELTON OF CounseL DARRELL W. COOK & ASSOCIATES A PROFESSIONAL CORPORATION 5005 GREENVILLE AVENUE, SUITE 200 DALLAS, TExas 75206 TELEPHONE: (2 14) 368-4686 TELECOPY: (214) 363-9979 WWW.ATTORNEYCOOK.COM February 12, 2010 Ron Tripodo c/o Thomas D. Sherman Locke Lord 1900 The Proscenium 1170 Peachtree Street NE Atlanta, GA 30309 Re: Fee Agreement for professional services related to cause of action filed in 95 Judicial District Court against Clients. Client: Row Tripodo, Tricon/Towerwerks, Inc. and ROPA Properties, LLC. Gentlemen: {am writing to confirm that the above-referenced parties (hereinafter referred to as “You” or “Client”) have retained this law firm for representation in regard to the above-referenced matter. This letter confirms that the only attorney-client relationship is between the Firm and You, and that there are no third-party beneficiaries to this contract or to the attorney-client relationship. You further confirm that neither You nor any of your agents are acting as a fiduciary in connection with any portion of the engagement of this Firm. We will at all times act on your behalf to the best of our ability. Any expressions on our part concerning the outcome of your legal matters are expressions of our best professional judgment, but are not guarantees. These opinions are necessarily limited by our knowledge of the facts and are based solely on the state of the law at the time they are expressed. Our evaluations are necessarily based upon the facts as told to us. However, in any matter you can expect the unexpected. By way of example and not as an exhaustive list, the following events frequently occur during our representation of clients like You: Witnesses may testify differently than in previous depositions or statements, recall may become hazy, witnesses may choose to lie rather than tell the truth, important evidence may be concealed, witnesses may tell the truth in such a way that it appears to be a lie, the decision maker may choose to believe a witness for a variety of reasons that defy logical explanation, and the decision maker may decide against you for reasons that do NSRon Tripodo c/o Thomas D. Sherman February 12, 2010 Page 2 not relate to the law or the facts but which never become public to the point of being able to do anything about them. In addition to these risks, our analysis of the law may not be accepted by the administrative decision maker or the court; and the court may permit testimony or give instructions to the jury that we think now will not be permitted. These legal decisions may be decided against you in an administrative procedure, in the tial court or on appeal; and it is also possible that an appellate court, although agreeing with our position, would decline to overrule an erroneous trial court judgment because it feels we did not object hard enough or long enough or with the right words. In addition to all these hazards, a trial will cost you considerable attorneys’ fees. Our fee arrangement for legal services in this case will be based on hourly rates in effect for each lawyer and legal assistant at the time the services are rendered. The current hourly rate for the attorneys in our firm range between $195.00 and $315.00 per hour. Hourly rates are reviewed periodically and you will be advised of any adjustment before it is adopted. We also require a retainer to be deposited into our trust account and to be withdrawn and applied against fees and expenses as they are incurred. Additional expenses and fees will probably be incurred if the case progresses beyond the initial filing stages and additional deposits will be required. Further, you are required to maintain a retainer balance of $5,000.00 each month and to replenish the retainer each month as necessary. We have agreed that you will deposit a retainer of $10,000.00 on the following schedule: $1,500.00 on February 12, 2010. $3,500.00 on February 26, 2010. $5,000.00 on April 12, 2010. Additonally, Mr. Tom Leksan has agreed to act as guarantor of all sums due under this contract and but for such guaranty, the Firm would not enter into this agreement. You are further informed that while your retainer may collect some interest while a deposit, the Texas Supreme Court has ordered that such interest is forfeited to the Equal Access to Justice Foundation. If you have any questions about this process, or object to your interest being used for this purpose, please let me know and I will attempt to address your concerns. InitialsRon Tripodo c/o Thomas D. Sherman February 12, 2010 Page 3 In the event we are attempting to secure a recovery of damages on your behalf, be advised that we will attempt to secure a recovery sufficient to include your damages and attorney fees. But you are advised that the Client routinely must pay his own attorney, even when the law permits the prevailing claimant to recover attorney fees incurred by the client. Of course, even were we to successfully secure a judgment in your favor, that is no guarantee that you will actually collect any of the damages or other sums, and unless the Defendants have insurance or assets subject to execution and sale by the Sheriff, the judgment will not be collectible. You will also be responsible for the payment of expenses as they are incurred. Expenses you can expect in a case of this type include filing fees, sheriff fees; witness fees and deposition costs, if any are needed. It is our usual practice to send to our clients for direct payment the invoices we receive from third parties such as court reporters, expert witnesses, and reproduction services. You will be expected to pay such invoices promptly upon receipt. We will invoice you on a monthly basis for all expenses and fees incurred by us on your behalf. If you believe the expenses are mounting too rapidly, please contact us immediately so we can assist you in evaluating how they might be curtailed in the future. When we do not hear from you, we assume that you approve of the overall level of activity on our part in this case on your behalf. Frequently, clients request that we provide them estimates as to fees and expenses. It must be understood that such estimates are just that, and that the fees and expenses required are ultimately a function of many conditions over which we have little or no control, particularly the extent to which the opposition files pretrial motions and engages in its own discovery. : Our hourly rates do not include any interest factor for slow payment. Because of this and the additional fact that we do not include a service charge for late payments, we must insist that our clients pay their bills promptly. If we become insecure in our belief that you can meet your financial obligations to the Firm, we will typically discuss that concern with You but you are hereby advised that the Firm will withdraw from this representation if you cannot provide acceptable assurances, most likely in the form of ongoing retainers, for us to continue. We reserve the right to request an additional retainer in the event significant events in the life of this representation are scheduled. For instance, if trial is scheduled or a significant amount of discovery must be conducted, you can expect that we will request an additional retainer before we expend significant effort on your behalf.Ron Tripodo c/o Thomas D. Sherman February 12, 2010 Page 4 Nothing in this agreement shall be construed to require the Firm to act as Your appellate counsel in this matter and we reserve the right to withdraw if the matter is appealed. While we anticipate an amicable and productive working relationship, we support the rules of professional conduct promulgated by the State Bar of Texas which seek to inform every citizen of their rights to complain of attorney misconduct, and of the procedures to foltow in filing such a complaint. The State Bar of Texas investigates and Prosecutes attorneys for professional misconduct. Although not every complaint against or dispute with a lawyer involves professional conduct, the State Bar of General Counsel will assist citizens in providing information about the filing of complaints. Their toll free number is 1-800-932-1900. All client-supplied materials and all attomey end product (collectively “client materials”) are the property of the Client. Examples of attorney end product are documents filed with the court or served on any party or correspondence of any type. Everything else is attorney work product. Attorney work product is the property of the Firm. Examples include photocopies of client materials, as well as drafts, notes, internal memoranda, administration materials and any other type of attorney work product. Client has an affirmative duty to retrieve those client materials not previously forwarded to Client during the course of this representation or to direct the Firm to forward the client materials at Client’s expense. The Firm may retain copies of all such documents as well as all other material. If Client fails to retrieve the client materials or request the Firm to forward them, this failure shall be regarded as Client’s authorization for the Firm to destroy the client materials without further notice to the Client. The Firm may destroy any of Client’s files at any time with Client’s written authorization and in any event, after five years from the conclusion of the representation. During that five year period, the Firm shall make such files available to the Client for copying. No further notice to Client will be required prior to destruction. Further, in the event the Client has not paid its account in full, Client hereby agrees that it has no right to access those documents that are attorney work product. At all times the Client is to keep the Firm apprised of its current address, relevant phone numbers, and email addresses. The Client is responsible for communicating with the Firm and responding to inquiries from the Firm in a timely manner. Failure to do so may place the ends of the representation in jeopardy and lead to the Firm’s withdrawal. SS InitialsRon Tripodo cfo Thomas D. Sherman February 12, 2010 Page 5 The billing sent by the Firm to the Client is normally a detailed accounting of time spent on the Client’s behalf by the Firm and contains a significant amount of information that is protected by the attorney-client privilege. Therefore, bills sent by the Firm to the Client must not be shown to non-Client third parties without the consent of the Firm, as such disclosure might be considered a waiver of the attorney-client privilege and may lead to severe consequences to both the Client and the Firm. The attorney-client relationship will be considered ended upon the Firm’s completion of the specific services that you have retained us to perform. Any controversy or claim between the parties arising out of or relating to this Contract, any provision of it, or any breach or alleged breach of it that cannot be resolved by the parties through negotiation will be settled by arbitration according to the rules of the American Arbitration Association, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction of the award. In the event that we withdraw as your attorney or if the matter concludes and a fee is due and unpaid, Client hereby grants Darrell W. Cook & Associates a lien on this cause of action, and a lien on any proceeds and any judgments recovered in connection with this cause of action as security for the payment of attorney's fees and expenses as contracted herein, In the event you decide to pay any portion of the fees due in this matter with a credit card, you agree to pay the costs of the credit card transaction charged by your credit card, which is approximately 3% of the gross amount of the transaction. Finally, you agree to be truthful with the Firm in all matters. Please contact me if you have any questions as to our working arrangement as teflected by this letter. If after reading this letter you understand and agree with its provisions, please indicate your approval by placing your signature on the line provided below on both the original and the copy. You may retain the copy for your reference. Please return the original to our office with your check for the deposit. oN InitialsRon Tripodo c/a Thomas D. Sherman February 12, 2010 Page 6 Until such time as the Firm receives both this signed Fee Agreement AND the _ Fequested retainer, no representation of you on this matter has commenced. Sincerely, DARRELL W. COOK & ASSOCIATES, A PROFESSIONAL CORPORATION /s/ DWCook DARRELL W. COOK dwcook@attomeycook.com DWC/we APPROVED, AGREED, AND ACCEPTED: — Ron Tripodo, Individually and on behalf of Tricon/Towerwerks, Inc. and ROPA Properties, LLC. _—— InitialsRon Tripodo c/o Thomas D. Sherman February 12, 2010 Page 7 PERSONAL GUARANTEE OF THOMAS LEKSAN In consideration of credit being extended by DARRELL W. COOK & ASSOCIATES to RON TRIPODO, TRICON/TOWERWERKS, INC. AND ROPA PROPERTIES, LLC (aggregately known as “Client”) for Legal Services and expenses to be supplied, THOMAS LEKSAN, the undersigned guarantor, hereby contracts and guarantees to DARRELL W. COOK & ASSOCIATES the faithful payment, when due, of all accounts of said Client The undersigned expressly waives all notice of acceptance of this guarantee, notice of extension of credit to Client, presentment, and demand for payment on Client, protest and notice to undersigned guarantor of dishonor or default by Client, extension of time of payment to applicant, acceptance of partial payment or partial compromise, al] other notices to which the undersigned guarantor might otherwise be entitled and demand for payment under this guarantee. Any revocation of this guarantee shall be in writing and delivered to DARRELL W. COOK & ASSOCIATES. THOMAS LEKSAN hereby acknowledges that DARRELL W. COOK & ASSOCIATES would not accept the representation that is the subject of this fee contract but for his guaranty. THOMAS LEKSAN, Guarantor TnitialsEXHIBIT EXHIBIT 2Tripodo Property Inv Date Invoice # Inv amt Total American Communications 07/01/10 30669 $10,174.00 American Communications 08/01/10 30891 $2,922.50 American Communications 09/01/10 31091 $133.36 Total Balance Owed $13,229.86DARRELL W. CooK & ASSOCIATES A PROFESSIONAL CORPORATION - FEIN: 75-2906482 . ONE MEADOWS BUILDING 5005 GREENVILLE AVE., SUITE 200 DALLAS, TX 75206 TELEPHONE: 214-368-4686 FACSIMILE: 214-363-9979 Ron Tripodo Tricon/Towerworks Inc. & Properties, LLC 1171 Bridgemill Ave Canton GA 30114 July 01, 2010 Invoice #: 30669 In Reference To: American Communications LLC Professional Services Hrs/Rate Amount 6/1/2010 KEB Continue drafting response to application for temporary 1.50 382.50 restraining order. 255.00/hr Dbwc 0.10 31.50 315.00/hr KG Scan and save Application for Temporary Restraining Order and 0.10 3.00 Temporary Injunction. 30.00/hr pwc 0.40 126.00 : 318.00/hr 6/2/2010 DWC 0.90 283.50 315.00/hr KEB 1.20 306.00 255.00/hr KEB_ Continue drafting response to application for temporary injunction. 450 1,147.50 255.00/hr DWC 0.60 189,00 315.00/hrRon Tripodo Tricon/Towerworks inc. & Properties, LLC Page 2 - Hrs/Rate Amount 6/2/2010 DWC 0.50 157.50 315.00/hr DWC Telephone call from Daran Burns -- voice mail -- returning a call 0.10 NO CHARGE from his email earlier today. 315.00/hr DWwc 3.80 1,197.00 315.00/hr DWwc 0.10 NOCHARGE 315.00/hr 6/3/2010 SEM Scan and save the Temporary Restraining Order issued to 0.50 32.50 Tricon/Towerworks, Inc. Scan and save the Notice of Show 65.00/hr Cause Order issued to Tricon/Towerworks, Inc. Scan and save the Temporary Restraining Order issued to ROPA Properties, LLC. Scan and save the Notice of Show Cause Order issued to ROPA Properties, LLC. Scan and save the Temporary Restraining Order issued to Ron Tripodo. Scan and save the Notice of Show Cause Order issued to Ron Tripodo. 4.50 1,147.50 255.00/hr ~ ==. DWwc. 0.40 126.00 315.00/hr oe 0.50 15.00 30.00/hrRon Tripodo Tricon/Towerworks Inc. & Properties, LLC Hrs/Rate 6/7/2010 KEB_ Telephone call to 95th District Court -- spoke -- Rescheduled hearing for June 17, 2010. KEB_ Telephone call to 95th District Court -- spoke -- Moved hearing to 9 a.m. on June 23. . Dwc KEB Draft order extending temporary restraining order. Send via email to opposing counse!. KEB Review revisions to Order Extending TRO from opposing counsel. KEB Draft email to Sherman, Burns and Archer regarding new date for appeal of dismissal of motion for enforcement. SEM Process fax from Mr. Jeffrey Lowenstein containing the Plaintiffs Motion for Partial Summary Judgment on Plaintiffs’ Breach of Settlement Agreement Claim. Scan and save correspondence and pleadings. . SEM Process fax from Mr. David Grant Crooks containing the proposed Order for Turnover Relief. Scan and save correspondence and pleadings. 2 TE 6/8/2010 SEM Process fax from Mr. Jeffrey Lowenstein containing the Agreed Order Extending Temporary Restraining Order which was signed by all parties. Scan and save correspondence and pleadings. 6/10/2010 KEB | ees KEB Finish drafting discovery in support of special appearance. Prepare for service on Defendant. SEM Calendar the deadline to respond to the Plaintiffs Motion Enforce Settlement Agreement and corresponding events. “0.10 255.00/hr 0.20 255.00/hr 0.30 315.00/hr 0.30 315.00/hr 0.50 255.00/hr 0.30 255.00/hr 0.10 255.00/hr 0.20 65.00/hr 0.20 65.00/hr 1.00 255.00/nr 0.20 65.00/hr 1.80 255.00/hr 1.50 255.00/hr 3.40 255.00/hr 0.50 65.00/nr Page 3 Amount 25.50 51.00 NO CHARGE NO CHARGE 127.50 76.50 25.50 13.00 13.00 255.00 13.00 459.00 382.50 867.00 32.50Ron Tripodo Tricon/Towerworks Inc. & Properties, LLC _ 6/10/2010 SEM 6/11/2010 SEM SEM SEM 6/14/2010 KEB Dwc Process fax from Mr. Jeffrey Lowenstein containing the Notice of Hearing on Motion for Partial Summary Judgment on Plaintiffs’ Breach of Settlement Agreement Claim. Scan and save correspondence and pleadings. Calendar hearing date and corresponding events. Telephone call to Barry Gumm -- Spoke with Alan to set up a hand delivery to Mr. Jeffrey Lowenstein. The delivery package included the following: (1) enclosure letter to Mr. Lowenstein; (2) Defendant ROPA Properties, LLC's First Set Interrogatories, First Requests for Production and First Requests for Admissions to Plaintiff American Communications, LLC; and (3) Defendant ROPA Properties, LLC's First Set of Interrogatories, First Requests for Production and First Requests for Admissions to Plaintiff Tricon/Towerworks, LLC. Draft enclosure letter to Mr. Jeffrey Lowenstein via hand delivery. Copy and prepare documents. Process and prepare enclosure letter along with Defendant ROPA Properties, LLC’s First Set of Interrogatories, First Requests for Production, and First Requests for Admissions to Plaintiff American Communications and the Defendant ROPA Properties, LLC's First Set of interrogatories, First Requests for Production, and First Request for Admissions to Plaintiff Tricon/Towerworks, LLC to Mr. Lowenstein for hand delivery by On-Time Couriers. Scan and save correspondence and discovery pleadings. Calendar deadline for the Plaintiffs Response to Defendant ROPA Properties, LLC's First Set of Interrogatories, First Requests for Production, and First Request for Admissions to Plaintiff American Communications, LLC and Plaintiff Tricon/Towerworks, LLC. Telephone call from Jeffrey S Lowenstein -- spoke -- discuss his motion for contempt. He also discusses options for settlement. He seems very interested in a meeting to discuss settlement. Hrs/Rate 0.50 6§.00/hr 0.10 65,00/hr 0.80 65.00/hr 0.10 65.00/hr 0.50 255.00/hr 0.60 315.00/hr 0.50 315.00/hr 0.50 315.00/hr 4 Amount 32.50 6.50 52.00 6.50 127.50 189.00 157.50 157.50Ron Tripodo Tricon/Towerworks Inc. & Properties, LLC Page 5 Hrs/Rate Amount 6/14/2010 DWC 0.10 31.50 315.00/hr SEM Process fax from Mr. Jeffrey Lowenstein containing the Plaintiff's 0.20 43.00 Motion for Contempt Against ROPA Properties, LLC. Scan and 65.00/hr save correspondence and pleadings. 6/15/2010 LGC Update client file with opposing attorney's assistant's contact 0.10 7.50 information. 75.00/hr DWC. Telephone call to Jeffrey S Lowenstein -- spoke - The court has 0.30 94.50 ordered a new hearing on the Temporary Injunction. Provide 315.00/hr preliminary dates we are available. 6/1672010 OVC aaa, 90 31.80 315.00/hr 6/17/2010 LGC Fax, scan and save Second Agreed Order to Rebecca Hicks for 0.10 7.50 Owc. 75.00/nr 6/18/2010 LGC Draft DWC vacation letter and mail to court. Fax same to client 0.30 NO CHARGE and opposing attorneys. 75.00/hr 6/21/2010 LGC Scan DWC vacation letter to update client file. 0.10 NO CHARGE 75.00/hr 6/23/2010 KEB_ Telephone call to Jeffrey S Lowenstein -- spoke -- He won't agree 0.20 51.00 to the continuance on the hearing for the MSJ. Wants to schedule 255.00/hr mediation. KEB oe" motion for continuance of Plaintiffs’ hearing on 2.00 510.00 r summary judgment. Prepare for filing. 255.00/hr 6/24/2010 PJS Scan & save file-marked Defendant ROPA Properties, LLC's 0.10 7.50 Emergency Motion for Continuance of Hearing on Plaintiffs’ 75.00/hr Motion for Partial Summary Judgment on Plaintiffs‘ Breach of Settlement Agreement Claim and Fiat setting hearing of same; email to DWC. SEM Draft enclosure letter to Mr. Jeffrey Lowenstein via facsimile only. 0.50 32.50 Draft fax cover sheet to Mr. Lowenstein. Process and fax 65.00/hr enclosure letter along with the file-stamped Defendant ROPA Properties, LLC's Emergency Motion for Continuance of Hearing on Plaintiffs Motion for Partial Summary Judgment on Plaintiff'sRon Tripodo Tricon/Towerworks Inc. & Properties, LLC Page 6 Hrs/Rate Amount Breach of Settlement Claim to Mr. Lowenstein for his records. Scan and save correspondence. . 6/24/2010 SEM Draft Hearing Notice for the Defendant ROPA Properties, LLC's 0.50 32.50 Emergency Motion for Continuance of Hearing on Plaintiffs 65,00/hr Motion for Partial! Summary Judgment on Plaintiffs Breach of Settlement Agreement Ciaim to Mr. Jeffrey Lowenstein via facsimile only and copy the Dallas County District Clerk via first class mail. Draft fax cover sheet to Mr. Lowenstein. Copy and prepare documents. Fax and mail the Hearing Notice along with the FIAT to Mr. Lowenstein for his records and copy the court for filing purposes. Scan and save correspondence. 6/28/2010 SEM Receipt of hand delivered enclosure letter from Mr. Jeffrey 0.30 19.50 Lowenstein including the Plaintiffs Response to Defendant ROPA 65.00/hr Properties, LLC Emergency Motion for Continuance. Scan and save correspondence and pleadings. KEB 0.20 51.00 259.00/hr 6/29/2010 KEB 2.00 510.00 255.00/hr 1, 190,318.00 . 315.00/hr LGC es « and print docs for trial 0.50 37.50 and update client file with same. 75.00/hr 6/30/2010 LGC Scan file stamped copy of DWC vacation letter to update client file. 0.10 NO CHARGE 75.00/hr DWC Trip to Courthouse for motion for continuance. Wait on judge to 2.20 693.00 call case. Argue motion. Judge grants continuance of the Partial 315.00/hr Motion for Summary Judgment. Meet with Lowenstein after the hearing to discuss scheduling. Lowenstein also discusses mediation. Return to office. Draft email to client and lawyers updating current information and regarding Lowenstein's desire to mediate. For professional services rendered 44.80 $10,659.50 Additional Charges : 6/11/2010 DWC 14.50 Courier Fee, Paid to On Time Couriers Ck No 5824.Ron Tripodo Tricon/Towerworks Inc. & Properties, LLC Total costs Total amount of this bill Previous balance 6/8/2010 Payment - Thank You. Check No. 1407 7/6/2010 Payment - Thank You. Check No. 1353 Total payments and adjustments Please replenish Client funds with Balance due Prior balances are due immediately. Current charges are due on or before 06/30/2010. Page 7 Amount $14.50 $10,674.00 $7,063.86 ($2,749.36) ($3,000.00) ($5,749.36) $5,000.00 316,988.50 . Thank you.DARRELL W. Cook & ASSOCIATES A PROFESSIONAL CORPORATION - FEIN: 75-2906482 ONE MEADOWS BUILDING 5005 GREENVILLE AVE., SUITE 200 DALLAS, TX 75206 TELEPHONE: 214-368-4686 FACSIMILE: 214-363-9979 Ron Tripodo Tricon/Towerworks Inc. & Properties, LLC 1171 Bridgemill Ave Canton GA 30114 August 01, 2010 Invoice #: 30891 In Reference To:American Communications LLC Professional Services —Hrs/Rate = ____ Amount 7/1/2010 KEB Continue drafting First Amended Special Appearance. 2.50 637.50 255.00/hr 7/2/2010 DWC Telephone call to Jeffrey S Lowenstein -- spoke -- Called to confer 0.10 34.50 on our motion to continue the summary judgment setting, He 315.00/hr said that they would move it and will get back to us. Told him any day on the 6th or later would be fine. KC Qs 250 637.50 255.00/hr 7/6/2010 SEM Process fax from Mr. Jeffrey S. Lowenstein containing the 0.20 13.00 Plaintiff's First Notice of Reset of Hearing on the Plaintiffs Motion 65.00/hr for Partial Summary Judgment on Plaintiff's Breach of Settlement Agreement Claim. Scan and save correspondence and pleadings. SEM Process fax from Mr. Jeffrey S. Lowenstein containing the 0.20 13.00 Plaintiffs Second Notice of Reset of Hearing on the Plaintiffs 65.00/hr Motion for Partial Summary Judgment on Plaintiffs Breach of Settlement Claim. Scan and save correspondence and pleadings. 7/7/2010 DWC Telephone call from Jeffrey S Lowenstein -- spoke -- Discuss 0.70 220.50 scheduling. Conclusion: He will move the TI hearing to a later 315.00/hr date and we will go first with our Special Appearance. Discuss mediation. Agree that July 26 might work. We will both talk to our clients to decide. Determine to use Chris Noliand, if he is available.Ron Tripodo, Tricon/Towerworks Inc. & Properties, LLC 7/12/2010 KEB 7/13/2010 KEB 7/14/2010 KEB KEB 7/18/2010 DWC 7/19/2010 DWC 7/22/2010 LGC 7/23/2010 OWC 7/27/2010 LGC ar aaa aera Draft email to Jeff owenstein about obtaining documents. Review email from Jeff Lowenstein regarding scheduling issues and obtaining proscton, rr Tel/con with Jeffrey Crouch. He has been retained to represent the Defendants. Discuss history of the case. He is going to file a designation of lead counsel and notice of appearance. Discuss with Tree getting the file ready for pick up by new counsel's office. Telephone call from Mr. Jeffrey L. Crouch -- spoke -- Extensive conversation regarding the case. Telephone call from Mr. Jeffrey L. Crouch -- spoke -- Long discussion invoiving the case and the strategy we have employed. Scan and save accounting documents Telephone call to Mr. Jeffrey L. Crouch — spoke -- Discuss forwarding emails. Work on segregating emails into a format in which | can send them to Jeff Crouch. Calendar scheduling order. For professional services rendered Previous balance 7/14/2010 Payment - Thank You. Check No. 1459 Total payments and adjustments Balance due Prior balances are due immediately. Current charges are due on or before 08/31/2010 Hrs/Rate 0.10 315.00/hr 0.80 255.00/hr 0.20 255.00/hr 0.50 255.00/hr 0.20 255.00/hr 0.60 315.00/hr 1.10 315.00/hr 0.10 75.00/hr 1.20 315.00/hr 0.30 75.00/hr 11.30 . Thank you. Page 2 ——Amount NO CHARGE 204.00 51.00 127.50 51.00 189.00 346.50 NO CHARGE 378.00 22.50 "$2,922.60 $11,988.50 ($1,314.50) ($1,314.50) $13,596.50 ——Ron Tripodo Tricon/Towerworks Inc. & Properties, LLC Page 3DARRELL W. Cook & ASSOCIATES A PROFESSIONAL CORPORATION - FEIN: 75-2906482 ONE MEADOWS BUILDING 5005 GREENVILLE AVE., SUITE 200 DALLAS, TX 75206 TELEPHONE: 214-368-4686 FACSIMILE: 2143639979 Ron Tripodo Tricon/Towerwarks Inc. & Properties, LLC 1171 Bridgemill Ave Canton GA 30114 September 01, 2010 Invoice #: 31091 In Reference To:American Communications LLC Professional Services Hrs/Rate Amount 8/3/2010 TLB Draft enclosure letter and fax cover sheet to Mr. Lowenstein and Mr. 0.20 15.00 Crouch; process and fax enclosure letter along with Motion to 75.00/hr Withdraw to Mr. Lowenstein and Mr. Crouch for their records, Scan and save correspondence and pleadings. KEB Prepare motion to withdraw for filing. Upload to court. ° 0.40 102.00 255.00/nr For professional services rendered 0.60 $117.00 Additional Charges : 8/3/2010 DWC 16.36 e-Filing Fee for Motion for Withdrawal. CaseFile Total costs Total amount of this bill Previous balance Balance due $16.36 $133.36 $13,596.50 $13,729.86 Prior balances are due immediately. Current charges are due on or before 09/30/2010. Thank you.EXHIBIT EXHIBIT 3+ ed715/2018 14:48 6234219444 ATTORNEYS AT LAW PAGE 81/82 THOMAS J. LEKSAN CO, L.P.A, ALEGAL PROFESSIONAL ASSOCIATION 1000 TRI-STATE BUILDING 432 WALNUT STREET CINCINNATI OHIO 45202 OHIO, KENTUCKY 513-665-9400 AND UNITED STATES . . FACSIMILE: FEDERAL CGURTS tleksan@leksanlaw.com 513-421-9444 PLEASE DELIVER THIS FACSIMILE TRANSMISSION TO: Name:_ QPARatC 4) Coog Date: _2- /S> /0 Firm/Company Facsimile number: 2/4 — 963 - 997% __ Pages (including cover page): 2. Re__ 2-/2-/0 fee Aewemo? ~ TR 1PoLe Instructions: No original documents will follow. + Original documents will follow by regular U.S. mail. This message is intended for use only by the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified’ that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this - communication in error, please notify us immediately by telephone, and return the original facsimile to us at the above address. IF YOU DO NOT RECEIVE A COMPLETE TRANSMISSION, PLEASE CALL (513) 665-9400.* . *O2715/2818 14:48 5134219444 ATTORNEYS AT LAW PAGE 082/82 Ron Tripodo c/o Thomas D, Sherman February 12, 2010 Page 7 PERSONAL GUARANTEE OF THOMAS LEKSAN In consideration of credit being extended by DARRELL W. COOK & ASSOCIATES to RON TRIPODO, TRICON/TOWER WERKS, INC. AND ROPA PROPERTIES, LLC (aggregately known as “Client") for Legal Services and expenses to be supplied. THOMAS LEKSAN, the undersigned guarantor, hereby contracts and guarantecs to DARRELL W. COOK & ASSOCIATES the faithful payment, when due. of atl accounts of said Client The undersigned expressly waives all notice of acceptance of this guarantee, notice of exlension of credit to Client, presentment, and demand for payment on Client, protest and notice to undersigned guarantor of dishonor or default by Client, extension of time of payment to applicant, acceptance of partial payment or partial compromise. all other notices to which the undersigned guarantor might otherwise be entitled and demand for payment under this guarantee. Any revocation of this guarantee shall be in writing and delivered to DARRELL W. COOK & ASSOCIATES. THOMAS Shy acknowledges that DARRELL W. COOK & ASSOCIATES would nut tation that is the subject of this fee contract but for his guaranty, “Initiale”oem SANDRA LANTZ DARRELUEW2 CooK & ASSOCIATES A PROFESSIONAL CORPORATION KELLY E. BRYAN 0 ANVILLE AVENUE, SUITE 200 1ODEC 3TCPE F769 DARRELL W. COOK Lisa A. FAUCHEAUX DALLAS, TEXAS 75206 CATHERINE A, KEITH Mary ELLEN P. SMITH TELEPHONE: (214) 368-4686 TELECOPY: (214) 363-9979 TOM MELTON . OF COUNSEL DEPUTY WWW.ATTORNEYCOOK.COM December 30, 2010 Via U.S. FIRST CLASS MAIL Dallas County District Clerk ATTN: Civil Intake George L. Allen, Sr. Courts Building 600 Commerce Street, Suite 103 Dallas, TX 75202 ay Re: Darrell W. Cook, P.C. d/b/a Darrell W. Cook & Associates, A Professional Corporation v. Thomas J. Leksan in the Judicial District Court of Dallas County, Texas; Cause No. ! O- (o%33 Dear Clerk of the Court: In reference to the above matter, enclosed for filing please find an original and two (2) copies of Plaintiff's Original Petition. Please file the original and return a file-marked copy to this office in the self-addressed, stamped envelope which has been enclosed for your convenience. Additionally, please find our firm check in the amount of $255.00 in payment of filing and issuance fees. Further, please issue a Citation to the named Defendant as follows at the address indicated below: THOMAS J. LEKSAN 1000 Tri-State Building 432 Walnut Street Cincinnati, Ohio 45202 Thank you for your assistance in this matter, and should you have any questions or if I can be of any further assistance, please to not hesitate to contact me. Very truly yours, TLB Enclosures