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01-04094
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DORD'MY L. SHEPARD, Plaintiff VERSUS GARRY A. SHEPARD, Defendant No. 01-4094 CIVIL TERM DECREE IN DIVORCE AND NOW, L IT IS ORDERED AND DECREED THAT DOROTHY L. SHEPARD , PLAINTIFF, AND GARRY A. SHEPARD DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE BY ATTEST: J. PROTHONOTARY r „ S 4? DOROTHY L. SHEPARD, _ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLANY'COUNTY, PENNSYLVANIA VS. NO. 01 - 4094 CIVIL GARRY A. SHEPARD, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of , 2003, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on July 28, 2003, the date set for a conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, 4A00) Georg E. Hoffer, P. . Cc: .Mark C. Duffie Attorney for Plaintiff ?Peter R. Henninger, Jr. Attorney for Defendant 03_a/-? VV 8rp) 1 4 ?'Q VNVAIASNN3a AINna, is i ?i'f F ) s!'i1 cFs 0 n wig „ n" 0 aril'! ''' ?- '`Ii' ' `. DOROTHY L. SHEPARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 01 - 4094 CIVIL GARRY A. SHEPARD, IN DIVORCE THE MASTER: Today is Monday, July 28, 2003. This is the date set for a pre-hearing conference with counsel. However, the parties attended the conference and after negotiations, counsel have advised that an agreement has been reached with respect to the outstanding economic claims. Present in the hearing room are the Plaintiff, Dorothy L. Shepard, and her counsel Mark C. Duffie, and the Defendant, Garry A. Shepard, and his counsel Peter R. Henninger, Jr. This action was commenced by the filing of a complaint in divorce on July 2, 2001, raising the economic claim of equitable distribution. The divorce averred irretrievable breakdown of the marriage as the grounds. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The Master's office will file the affidavits and waivers with the Prothonotary. On July 23, 2001, an amended complaint was filed by the Plaintiff raising additional economic claims of 1 alimony and alimony pendente lite. An agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement is going to be transcribed and the parties and counsel will return later today to review the draft for typographical errors, make any corrections as necessary, and then affix their signatures affirming the terms of settlement as stated on the record. It is specifically understood, however, that when the parties leave the hearing room they are bound by the terms of the agreement even though there is no subsequent signing of the agreement affirming the terms of settlement. The parties were married on July 23, 1994, and separated June 20, 2001. There were no children born of this marriage. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Duffie. MR. DUFFIE: With respect to the count for 2 equitable distribution, the parties have agreed to divide the property as follows: 1. The parties own as tenants by the entireties the property located at 1701 Cedar Cliff Drive, Camp Hill, Cumberland County, Pennsylvania. Husband has agreed to refinance the existing Chase Manhattan mortgage within a period of ninety (90) days. From the proceeds of settlement, husband agrees to pay to wife $25,000.00 exclusive of settlement costs and charges. Husband shall be responsible for all miscellaneous settlement costs including bank fees or otherwise. Within thirty (30) days of today's date, wife agrees to deliver to husband a signed deed to be held in escrow by husband's counsel. Should husband refinance sooner than that time, wife agrees to cooperate in having that document delivered prior to that date. Until such time as the refinance is completed, husband agrees to continue to be responsible for all costs incidental to ownership of the marital home including any and all taxes or other utility payments associated with his occupying the marital home. Should husband be unable to refinance the mortgage with Chase Manhattan within ninety (90) days, husband and wife agree to jointly list the property with a realtor of good reputation and good standing at a price to be agreed upon by husband and wife. Husband and wife agree to jointly execute any and all necessary documentation to effect said sale. Upon receipt of the proceeds of the sale, husband agrees to release from the proceeds $26,000.00 to wife. Should a joint check be issued from the settlement, both parties agree to execute same and divide proceeds as set forth herein. The monies paid to parties from settlement shall be net proceeds and husband will retain the balance of the proceeds whatever they may be. 2. Husband is the owner of an IDEX IRA account with a balance of approximately $10,000.00. This account had a prior balance of $20,387.00 from which $10,240.00 was distributed to wife pursuant to a petition for special relief. The balance of the account will remain in husband's name and wife agrees to waive any and all rights, title, claim or interest to said account. 3. Husband is the owner of an Onyx Industrial Corporation 3 401(k) plan with an approximate balance of $6,582.16 as of the date of separation. The Onyx Industrial Corporation 401(k) plan shall become the property of husband. Wife agrees to waive any and all rights, title, claim or interest to said account. 4. The parties have acquired certain personal property during the course of their marriage and hereby acknowledge and represent that such personal property has been divided to their mutual satisfaction, except as otherwise set forth herein. Those items shall be divided accordingly as set forth herein. All other items of personal property which are not set forth herein have already been divided to the parties' mutual satisfaction. Neither party shall make any claim to any such items of marital property or of the separate personal property of either party which is now in possession or under the control of the other due to division under mutual satisfaction as well as division set forth below. Each party agrees to waive any right, title, claim and/or interest they'may have to the property in possession of the other. Should it become necessary, the parties agree to sign upon request, any titles or documents necessary to give effect to this paragraph. The following items are in the possession of husband and shall be returned to wife: Bread maker belonging to wife's mother; 15-speed mountain bike; Coffee cup collection comprised of 15 to 20 cups; Remote controls for stereo; Oriental rice drawing given to wife by her father; Christmas ornaments given to wife by her family; Two ceramic elephant statues; Black leather couch. Should any of the aforementioned items not be in husband's possession, husband shall notify wife that they are not in his possession. Husband shall use his best efforts to locate and find the possessions in the event that he is not in possession of same. 5. The parties hereto own several automobiles, each of 4 which is set forth herein and divided as designated. The 1995 Chevrolet pick-up truck shall become the sole and separate property of husband, free and clear of any right, title, and/or interest that wife may have. Husband shall be responsible for any liens or encumbrances thereon and shall hold wife harmless from said obligation. The 1998 Toyota Corolla shall become the sole and separate property of wife, free and clear of any right, title, and/or interest that husband may have. Wife shall be responsible for any liens or encumbrances thereon and shall hold husband harmless from said obligation. 6. The parties' black Labrador shall become and remain the property of husband. Wife agrees to sign any and all documents necessary, to transfer ownership of the dog and to allow the release of the pre-separation veterinary records. 7. As of the date of separation, husband had in his name a Tower Federal Credit Union savings account, account No. 200445-00, with a value of $71.80. Husband had a Tower Federal Credit Union checking account, account No. 200455-02, with a value of $418.50. Husband further had a Tower Federal Credit Union U-Name-It Club account, account No. 20044513 with a balance in the amount of $44.97. Those accounts shall become the sole and separate property of husband. Wife agrees to release any and all right, title and interest she may have to said accounts. 8. As of the date of separation husband had a Mellon Bank checking account, account No. 100-016-0430, with a balance of $1,377.73. As of the date of separation husband also had three Mellon Bank savings accounts in his name only with balances totalling $99.63. These accounts shall become the sole and separate property of husband. Wife agrees to waive any and all right, title and interest that she may have to said accounts. 9. Currently husband is ordered to pay $268.67 per month as alimony pendente lite. Husband agrees to continue paying 5 alimony at a rate of $268.67 per month until such time that husband settles upon his refinance with respect to the real property as set forth herein or the property is sold, whichever first occurs. Immediately following settlement, counsel for wife agrees to contact the Domestic Relations Office to terminate the obligation as set forth herein. The alimony as provided herein shall be non-modifiable and shall terminate in the event of the death of either party, wife's remarriage, or wife's cohabitation with a person of the opposite sex. 10. During the marriage wife had $1,800.00 worth of dental work done with Capital City Dental. Approximately $801.00 remains unreimbursed and unpaid. Both Husband and wife agree to equally share said obligation. 11. There are no joint credit cards. Any credit cards in any individual name will become the sole and separate responsibility of that card holder. That card holder shall indemnify and hold harmless the other with respect to any liability. The parties hereby agree that there are no other additional joint debts other than the mortgage which shall be paid by husband as set forth in Paragraph 1 hereof. 12. Both parties degree to provide their own health insurance. 13. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. DUFFIE: Dorothy, I am going to read to you a paragraph with respect to full disclosure and 6 p 11, ? 11 understanding the elements and provisions of this particular agreement, and you will have to affirm on the record that you do, in fact, understand. By acknowledging same, you are declaring that you have fully and completely been informed as to the facts relating to the subject matter of this agreement and as to rights and liabilities of both parties. You are also declaring that you are entering into this agreement voluntarily, free from fraud, undue influence, coercion, or duress of any kind. You are further declaring that you have given careful and mature thought to making this agreement, further declaring that you have carefully listened to and understand the provisions of this particular agreement and will in fact read it once it has been transcribed. You further declare that you are acknowledging that there has been a full disclosure by both parties with respect to this agreement. MS. SHEPARD Yes, I agree to it and I understand it all. MR. HENNINGER: Mr. Shepard, you've heard the terms of the agreement as dictated by Mr. Elicker, Mr. Duffie, and with a little help from myself, do you understand the terms of agreement? MR. SHEPARD: Yes, I do. MR. HENNINGER: Do you agree with the terms of the agreement? 7 m m. MR. SHEPARD: Yes, I do. MR. HENNINGER: You acknowledge that you will sign a transcription of the agreement as set forth today, correct? MR. SHEPARD: Yes. MR. HENNINGER: And you believe that they are fair and acceptable to you at this time? MR. SHEPARD: They are fair and acceptable to me at this time. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: 7-JB 09 Mark C. aintiff (AMV / 7-dg-03 Peter R. Henning , Jr. Attorney for Defendant 8 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 0Original Order/Notice Co./City/Dist. of CUMBERLAND O Amended Order/Notice Date of Order/Notice 11/12/03 xO Terminate Order/Notice Tribunal/Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number SEIFERT LTD 145 SALEM CHURCH RD RE: SHEPARD, GARRY A. Employee/Obligor's Name (Last, First, MI) PA 17050-2813 085-48-5226 Employee/Obligor's Social Security Number 7293100684 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MO See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o. oo per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in medical support $ o. oo per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o. oo per weekly pay period. $ o. oo per biweekly pay period (every two weeks). $ o. oo per semimonthly pay period (twice a month). $ o. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL 271 ? ., ? i ` - BY THE COURT: ll-/3 -?3 Date of Order: ?o? 1 3 ZQ?3 For EN-028 Service Type m OMB No.: 097MI 54 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS • ? If hecke? you are required to provide a opy of this form to your mployee. If your employee works in a state that is difpferent from the state that issued this or er, a copy must be provi?ed to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee%bligor. You must comply with the law of the paydateMate of withholding is the date On which amount was withheld froni Elie employee's wages. state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2517126000 EMPLOYEE'S/OBLIGOR'S NAME: SHEPARD, GARRY A. EMPLOYEE'S CASE IDENTIFIER: 7293100684 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Antidiscrimination: You are subject to a fine determined under State law fordischarging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employeelobligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Worker ID $IATT G W O G a W W ?J G'5 C.3 -s -:S C? ? J s? C? ..s _A.^t RT.??Kr?'G?c« :.?F...; nl°. I.r9?^4 erm*i?.,'?+%Bq? I1 .t ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 11/12/03 Tribunal/Case Number (See Addendum for case summary) Employer/Withholder's Federal FIN Number AYCOCK INC 8261 OLD DERRY ST PA 17036-9308 O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: SHEPARD, GARRY A. Employee/Obligor's Name (Last, First, MI) k1 moo/- 5/D9? C??i? D?SFS ?7? /6,?7?G 085-48-5226 Employee/Obligor's Social Security Number 7293100684 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in medical support $ o . oo per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o. o o per weekly pay period. $ o. oo per biweekly pay period (every two weeks). $ o. oo per semimonthly pay period (twice a month). $ o. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information i needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. THE COURT: Date of Order: NQV 1 3 700-3 F rm EN-028 Service Type m OMB No, 097M154 Worker ID $IATT A-11, E Y ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke? you are required to provide a opy of this form to your em loyee. If yo r employee works in a state that is different from the state that issued this orr?er, a copy must be provide to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding underthis Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4.* You must comply with the law of the paydate/date of nithholding is the date on which nnounf,?.-"ZIIIZ state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2323083920 EMPLOYEE'S/OBLIGOR'S NAME: SHEPARD, GARRY A. EMPLOYEE'S CASE IDENTIFIER: 7293100684 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Service Type M oMBNo.:0970-0154 Worker lD $IATT n D O W ?Jr W 3 G .ckYAn?ls wanq.. 3.?pai ;?#=t"v`?a. ?F n-,.1 , wsuis ..=¢..a .yi -mss. aaw at.pYE In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Done: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: GARRY A. SHEPARD Member ID Number: 7293100684 Please note: All correspondence must include the Member ID Number. ORDER TO VACATE ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiple Cases on Attachment Plaintiff Name DOROTHY L. SHEPARD PACSES Docket Can Number Number 316103786 01-4094 CIVIL TOTAL ATTACHMENT AMOUNT: $ 0.00 Attachment Amount/Freauenc $ 276.00 /MONTH The prior Order of this Court directing the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), to attach $ o. o o or 50 % per week of the Unemployment Compensation benefits of GARRY A. SHEPARD , Social Security Number 085-48-5226 , Member ID Number 7293100684 is hereby vacated. This Order to Vacate shall be effective upon receipt of the notice of the Order by the Department and shall remain in effect until a further Order of the Court is filed. BY THE COURT Date of Order: NOY l 3 2003 R edLt la'rvD JUDGE Service Type m Form EN-035 Worker ID $IATT Y 1r G In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DOROTHY L. SHEPARD ) Docket Number 01-4094 CIVIL Plaintiff ) VS. ) PACSES Case Number 316103786 GARRY A. SHEPARD ) Defendant ) Other State ID Number ORDER AND NOW, to wit, on this 12TH DAY OF NOVEMBER, 2003 IT IS HEREBY ORDERED that the support order in this case be O Vacated or OSuspended or ® Terminated without prejudice or O Terminated and Vacated, effective OCTOBER 31, 2003 , due to: PARTIES SETTLEMENT AGREEMENT BEFORE THE SUPPORT MASTER ON JULY 28, 2003 AND DEFENDANT MAKING FINAL PAYMENT TO PLAINTIFF AS AGREED UPON. BY THE COURT: DRO: RJ Shadday xc: plaintiff defendant Mark Duffie, Esquire Peter Henninger, Esquire Edward E. Guido JUDGE Service Type M Form OE-504 Worker ID 21005 ?=C _i ca ? c-s Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DOROTHY L. SHEPARD, Plaintiff Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4094 CIVIL TERM V. GARRY A. SHEPARD, Defendant CIVIL ACTION - LAW PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: IN DIVORCE Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified copy of Divorce Complaint mailed to Defendant via Certified Mail and received by Defendant on July 7, 2001. A Certificate of Service was filed in this office on July 10, 2001. Certified copy of Amended Divorce Complaint mailed to Defendant via Certified Mail and received by Defendant on August 1, 2001. A Certificate of Service was filed in this office on August 6, 2001. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: July 29, 2003; by the Defendant: July 29, 2003. Affidavits were filed in this office on July 29, 2003. 4. Related claims pending: None. 5. Both Plaintiff and Defendant signed Waivers of Notice of Intention to Request Entry of Divorce Decree and filed the same in this office on July 29, 2003. Respectfully submitted, JOHNSON, DU_5FIE, STEW Dated: I 1-r\a't Wark C. Duffie I Attorney I.D. No. 75 Attorneys for Plaintiff :222780 WEIDNER 96 r r?o :. _ Wig. 9£N, a?DA F r l..I I ».I 1*1 Johnson, Duffle, Stewart & Weidner By: Keirsten W. Davidson I.D. No. 78243 301 Market Street P. 0. BOX 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DOROTHY L. SHEPHARD, Plaintiff V. GARRY A. SHEPHARD, IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these pages by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.01 - q&/ CIVIL TERM CIVIL ACTION - LAW Y Johnson, Duffle, Stewart & Weidner By: Keirsten W. Davidson I.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DOROTHY L. SHEPHARD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 0/-Yo41{ CIVIL TERM V. CIVIL ACTION - LAW GARRY A. SHEPHARD, IN DIVORCE Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(dj OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Dorothy L. Shephard, by and through her attorneys, Johnson, Duffle, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Garry A. Shephard: The Plaintiff is Dorothy L. Shephard, an adult individual, residing at 1701 Cedar Cliff Drive, Cumberland County, Pennsylvania 17011. 2. The Defendant is Gary A Shephard, an adult individual, residing at 1701 Cedar Cliff Drive, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and Defendant were married on July 23, 1994, in Annapolis, Maryland. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six (6) months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. Pf 7. The Plaintiff has been advised of the availability of marriage counseling and he may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under Section 3301(c) of the Divorce Code. COUNT 11- EQUITABLE DISTRIBUTION 8. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 7 inclusive, of the Complaint as if the same were set forth herein at length. 9. Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. JOHNSON, DUFFIE, STEWART & WEIDNER By: ?? ,JWY1N{ ? Wk Keirsten W. Davidson :146275 VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date:-6 / 19 / 01 Johnson, Duffle, Stewart & Weidner By: Keirsten W. Davidson I.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DOROTHY L. SHEPHARD, Plaintiff V. GARRY A SHEPHARD, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT IN DIVORCE DOROTHY L. SHEPHARD, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: q :146275 NO. o/- Y09y CIVIL TERM CIVIL ACTION - LAW ?? (.? ,- ?? ? ? _.._ ` ? '? G ? _ ? ? vl ? ?? ?, N .? C .? fa ?a?IEti?a vc gs t-r.=?-..^?.?x?vc;Mi?;cn?T?-??ar.:.w?y -.`?vrsex?xT<ueflemam; ... d Johnson, Duffle, Stewart & Weidner By: Keirsten W. Davidson I.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DOROTHY L. SHEPHARD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-4094 CIVIL TERM V. CIVIL ACTION - LAW GARRY A. SHEPHARD, IN DIVORCE Defendant CERTIFICATE OF SERVICE I hereby certify that on the 6`h day of July, 2001, that I served a true and correct copy of the Complaint in Divorce upon the Defendant, Garry A. Shephard, by certified mail, restricted delivery, to his mailing address at 1701 Cedar Cliff Drive, Camp Hill, Pennsylvania 17011, return receipt requested, attached hereto and made a part hereof. JOHNSON, DUFFIE, STEWART & WEIDNER Date: July 9, 2001 :146275-6 By: -C ut' Keirsten W. Davidson ru r 0 0 Postage M Certified Fee V'1 ? Return Receipt Fee (Endorsement Required) ru r7 Restricted Delivery Fee r3 (Endorsement Required) Total Postage & Fees C3 -a p('Y?ient5 Naryit/a (Plea Stre ?No.; b??POi C3 C3 1`?(?1---Cea D -?`, State, ZIP+4 f? Y ¦ Complete items. 1, 2, and 3. Also compiate - - item 4 if Restricted Delivery is desired. ' ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the m0 piece, or on the front if space permits. 1. Article Addressed to: Om r r ? A. She r , • r?101 CeC?a r C 1 rl Ue. 2. Article (Please Print Cleady) ? Agent ? Addre elivery address dlffet roi f 1? 0 Yes If YES, enter delivery a dresslbelow: ? No 3. Se ice Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? G.O.D. 4. Restricted Delivery? (Extra Fee) Yes PS Form 3811, July 1999 Domestic Return Receipt wzsssssen-t7as t? It 4. U? O P U+ ?o - uMi?p s.?iue _+!??reaa?aaa a?e*wrmsc.uro'+w. ? -3 .R,:;a..?.,.ia - _ ' DOROTHY L. SHEPARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 01 - 4094 CIVIL GARRY A. SHEPARD, Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 2, 2001. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. I consent to the entry of the final Decree in Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE. IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORTIES. 7m D D #E: c7 r- ' - Z! Pmt ,-r, -C ly, FO DOROTHY L. SHEPARD, Plaintiff VS. GARRY A. SHEPARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01 - 4094 CIVIL IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011C1 OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORTIES. DAI) DOROTH S "ma CO:? +D y ` -, :-1 CTS CIS eG .Y W - . kT aNi •'tiy"r.r •rvvig `sE P 9. >P.e))@Bas?dg-! DOROTHY L. SHEPARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 01 - 4094 CIVIL GARRY A. SHEPARD, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 2, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORTIES. S C3 DATE: rxs -: (1s DOROTHY L. SHEPARD, Plaintiff VS. GARRY A. SHEPARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 4094 CIVIL IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011C1 OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORTIES. / 2t a 3 DATE: `S ?G JAN 1 3 2004 L. DOROTHY L. SHEPARD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-4094 CIVIL TERM V. PASCES NO. 316103786 GARRY A. SHEPARD, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this! day of January 2004, the Order dated , 200/appointing the Divorce Master is hereby vacated. J. 6 &--4-1 ''- a \a o 17 o km r;?007 A':i' JCiV'" I u1CJ?a ?Nl : G Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DOROTHY L. SHEPARD, V. Plaintiff GARRY A. SHEPARD, Defendant NO. 01-4094 CIVIL TERM PASCES NO. 316103786 CIVIL ACTION - LAW IN DIVORCE PETITION TO VACATE APPOINTMENT OF DIVORCE MASTER AND NOW, this 8'h day of January 2004, comes Plaintiff, Dorothy L. Shepard, by and through her undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and petitions this Honorable Court to vacate the appointment of the Divorce Master in this matter, and in support thereof avers as follows: 1. The parties hereto had a pre-hearing conference on July 28, 2003, before E. Robert Elicker, II, Divorce Master, and arrived at a settlement of all claims. 2. The parties hereto entered into a Stipulation and Agreement before E. Robert Elicker, II, at the pre-hearing conference on July 28, 2003, which was dictated and transcribed thereafter. The Stipulation and Agreement resolved all issues pending before the Divorce Master. 3. The parties hereto no longer require any further assistance of the Divorce Master or the Court, and ask that the appointment of the Divorce Master be vacated. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P WHEREFORE, Plaintiff Dorothy L. Shepard respectfully requests this Honorable Court to vacate the appointment of the Master for the reasons and purposes set forth herein. Respectfully submitted, JOHNSON, DUFFIE, S By: :222774 Mirk C. Duffie ttorney 1. D. No\i 301 Market Street P.O. Box 109 Lemoyne, PA 1 7043-0 1 09 (717) 761-4540 Attorneys for Plaintiff CERTIFICATE OF SERVICE ANUNOW, this f44 day of January 2004, the undersigned does hereby certify that a copy of the foregoing document was served upon the other parties of record in the following manner: By First Class U.S. Mail to: Peter R. Henninger, Jr., Esquire Pannebaker & Jones, P. C. 4000 Vine Street Middletown, PA 17057 JOHNSON, DUFFIE, STEWART & By: G rk C. Duffle ttornev 1. D. No. 7f t, r_= °3 ca ?S l` G ?-n . I T J rtiA L^? f?-) fl %rrt t- •. k DOROTHY L. SHEPARD vs. GARRY A. SHEPARD IN THE COURT OF COMMON PLEAS OF CUMBERLAND.COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW 01 -4094 NO CIVIL 19 IN DIVORCE Defendant STATUS SHEET ACTIVITIES: CirhY - yw1b > m / , o ?? DOROTHY L. SHEPARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01 - 4094 CIVIL GARRY A. SHEPARD, Defendant IN DIVORCE TO: Mark C. Duffie , Attorney for Plaintiff Peter R. Henninger, Jr. , Attorney for Defendant DATE: Tuesday, January 7, 2003 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. DOROTHY L. SHEPARD, Plaintiff VS. GARRY A. SHEPARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 4094 CIVIL IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Mark C. Duffie Peter R. Henninger, Jr , Attorney for Plaintiff , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 28th day of July 2003, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 6/16/03 E. Robert Elicker, II Divorce Master OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter West Shore 697-0371 Ext. 6535 May 12, 2003 Mark C. Duffle Attorney at Law JOHNSON, DUFFIE, STEWART & WEIDNER P.O. Box 109 Lemoyne, PA 17043 RE: Dorothy L. Shepard vs No. 01 - 4094 Civil In Divorce Dear Mr. Duffle and Mr. Henninger: Peter R. Henninger, Jr. Attorney at Law PANNEBAKER & JONES, P.C. 4000 Vine Street Middletown, PA 17057-3596 Garry A. Shepard Counsel have certified that discovery is complete. Consequently, we will not be dealing with discovery issues at the time of the pre-hearing conference. A complaint in divorce was filed on July 2, 2001, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. An amended complaint in divorce was filed on July 23, 2001, adding a claim for alimony. I assume that the parties will either sign affidavits of consent or have been separated for a period in excess of two years so that grounds for divorce are not an issue. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before June 6, 2003. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference Mr. Duffle and Mr. Henninger, Attorneys at Law 12 May 2003 Page 2 with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. DOROTHY L. SHEPARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01 - 4094 CIVIL GARRY A. SHEPARD, Defendant IN DIVORCE TO: Mark C. Duffie Peter R. Henninger, Jr , Attorney for Plaintiff , Attorney for Defendant DATE: Tuesday, January 7, 2003 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. NON2- A/tl0'"' (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. 1,1,2?o/,93 ATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation JERRY R. DUFFIE 301 MARKET STREET RICHARD W. STEWART P. O. BOX 109 C. ROY WEIDNER. JR. LEMOYNE, PENNSYLVANIA 17043-0109 EDMUND G. MYERS WEBSITE: www.jdsw.com DAVID W. DELUCE RALPH H. WRIGHT, JR. TELEPHONE 717.761.4540 DAVID J. LANZA FACSIMILE 717.761.3015 MARK C. DUFFIE E-MAIL mailOjdmw m MELISSA PEEL GREEVY MICHAEL J. CASSIDY ROBERT M. WALKER May 7, 2003 E. Robert Elicker, II, Divorce Master Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Dorothy L. Shepard v. Garry A. Shepard Cumberland County C.C.P. Docket No. 01-4094 Civil Term Dear Mr. Elicker: HORACE A. JOHNSON COUNSEL TO THE IYRM WRITER'S EXT. NO. 116 E-ALNM mjc@jdsw.com Enclosed please find a copy of Plaintiffs Certification with regard to the above- referenced matter. Always feel free to call me if you have any questions or comments regarding this matter. If I am unavailable, please feel free to speak with my legal assistant, Michelle Bross. If you call other than during our normal business hours, which are 8:30 a.m. to 5:00 p.m. on weekdays, my Voice Mail extension is #116 and Michelle's is #132. Please feel free to leave a message with either one of us, and we will return your call. If you would prefer, you may contact me through my direct e-mail address, mcd(c)idsw.com. Very truly yours, JOHNSO UFFI M C. Duffie mmb:213168 12482-1 Enclosure c: Peter R. Henninger, Jr., Esquire (with enc.) DOROTHY L. SHEPARD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-4094 Civil Term V. CIVIL ACTION - LAW GARRY A. SHEPARD, IN DIVORCE Defendant TO: Mark C. Duffie, Attorney for Plaintiff Peter R. Henninger, Jr., Attorney for Defendant DATE: Tuesday, January 7, 2003 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. NONE KNOWN. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. JOHNSON, DUFFIE, STEWART & WEIDNER Date: :213106 By: Mark C. Duffie Counsel for Plaintiff NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUES AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. _2rqm? eIV/ P B R AND JONES, P. C. FOUR THOUSAND VINE STREET MIDDLETOWN, PENNSYLVANIA 17057-3596 TELEPHONE E-MAIL ADDRESS TELECOPIER 717-944-1333 pjpcepannebaker•jones.com N-944-4004 PETER R HENNMGER JR. DONALD L JONES JAMES B. PANNEBAKER May 2, 2003 E. Robert Elicker, II, Esquire 9 N. Hanover Street Carlisle, PA 17013 RE: Shepard v. Shepard No. 01-4094 Dear Mr. Elicker: Enclosed please find Defendant's Certification in the above-matter. Cc: Mark C. Duffle, Esquire, w/enclosure Garry Shepard, w/enclosure :sls SHEPARD LT5203RF #17080 CIVIL LMOAT70N PERSONAL INJURY WRONGFUL DEATH AUTOMOBILE ACCIDENTS ESTATE PLANNING ESTATE SETTLEMENT BUSINESS LAW CORPORATE LAW FAMILY LAW REAL ESTATE MUNICIPAL LAW LAND USE INSURANCE LAW ENVIIONMENTAL LAW VISIT OUR WEB SPIB AT: www.pannebaker-jones.com DOROTHY L. SHEPARD, V. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY A. SHEPARD, Defendant MOTION FOR APPOINTMENT OF MASTER IN DIVORCE Dorothy L. Shepazd (Plaintiff) (PefeadafA) moves the court to appoint a master with respect to the following claims: [X] Divorce [ ] Annulment [X] Alimony [ ] Alimony Pendente Lite and in support of the Motion states: [X] Distribution of Property [ ] Support [ ] Counsel Fees [ ] Costs and Expenses Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The Defendant (has) (has-net) appeared in the action (persenally) (by his attorney, Peter R. Henninger. Jr.. Esquire 1. The statutory ground(s) for divorce (is) (are) 23 P.S §3301(c) or 23 P .S. §3301(4) 4. Delete the inapplicable paragraph(s): (b) An agreement has been reached with respect to the following claims: (c) The action is contested with respect to the following claims: Alimony, Equitable Distribution 5. The action (involves) (does not involve) complex issues of law or fact. 6. The hearing is expected to take 4 (hours) (days). Additional information, if any, relevant to the Motion: Date: :163706 By: for ORDER APPOINTING MASTER NO. 01-4094 Civil Term CIVIL ACTION - LAW AND NOW, this ZZ?day of /Q P?1?Od G? ?°/? Esquire, is appointed Master with respect to the following claims: BY THE .. 0 N d P n D 3 ps i `1 cti 'tip c. l :W.:l 'AU DOROTHY L. SHEPARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION GARRY A. SHEPARD, IN DIVORCE Defendant NO. 01-4094 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before Michael R. Rundle, Esquire, Support Master Cumberland County Domestic Relations Office 9 North Hanover Street, Carlisle, Pennsylvania on Tuesday, March 12, 2002, commencing at 1:30 p.m. in the Support Master's Hearing Room APPEARANCES: Mark C. Duffie, Esquire For the Plaintiff Peter R. Henninger, Jr., Esquire For the Defendant 1 THE MASTER: We're here in the matter of 2 Dorothy L. Shepard, S-h-e-p-a-r-d, versus Garry, G-a-r-r-y, 3 A. Shepard, case docketed to 01-4094 Civil. The matter is 4 here on the petition of the Defendant for a reduction in 5 APL. 6 The record would show that on August the 31st of 7 2001 an order of APL in the amount of $982.00 a month was 8 entered effective July 23, 2001. That was based on the net 9 monthly income of the Plaintiff of $1,074.41 and a net 10 monthly income of the Defendant of $3,529.17. 11 On November the 8th of 2001 the Defendant filed 12 his petition for modification. On January 11, 2002, an 13 order was entered reducing the obligation to $268.67 from 14 which both parties have demanded hearing. 15 This matter is here on the petition of the 16 Defendant as the moving party. Mr. Henninger, you may 17 present your case. 18 (Whereupon, the witnesses were sworn.) 19 THE MASTER: Now present your case. 20 MR. HENNINGER: Real quick, Mr. Rundle, I 21 was going to call my client obviously as a witness. I'm 22 not going to call the Plaintiff as on cross. Is that 23 proper? 24 THE MASTER: I am assuming you will then. 25 MR. DUFFIE: She will testify, and you can 2 1 take the opportunity at that point. 2 Whereupon, 3 GARRY ALLEN SHEPARD 4 having been previously sworn, testified as follows: 5 DIRECT EXAMINATION 6 BY MR. HENNINGER: 7 Q Mr. Shepard, give your full name and 8 address, please. 9 A My name is Garry Allen Shepard. I live at 10 1701 Cedar Cliff Drive, Camp Hill, Pennsylvania, 17011. 11 Q And how old are you, Mr. Shepard? 12 A I'm 33 years young. 13 Q How long have you lived at that address that 14 you noted? 15 A Approximately three years. 16 Q And do you own that property? Rent it? 17 A We are paying -- I am paying the mortgage on 18 it. 19 Q Who owns the property? 20 A It's jointly owned between me and Dorothy. 21 Q How much is the mortgage a month? 22 A The mortgage is 728 a month. 23 Q You filed a petition to decrease the APL 24 order back in November. Is that correct? 25 A Correct. 3 D Q 1 Q And when you came in to file it, what was 2 the reason for your filing? 3 A I had been -- I had filed it because of a 4 change of income. I went on unemployment. And also before 5 that my hours had been drastically cut from -- they 6 assessed me at 55 hours, which I was really only working 7 about 44, 46 hours because of the situation with -- the 8 steel mill was going downhill, so they cut my hours back, 9 but subsequent ly they did -- I did go on unemployment. 10 Q When did your job end? 11 A It ended approximately the 6th of November. 12 Q Who did you work for? 13 A Onyx Industrial Services. 14 Q And what was your position with them? What 15 did you do? 16 A I was operation superintendent for an 17 industrial mai ntenance facility that handles steel mills 18 and power plan ts and such. 19 Q What was your last position with Onyx? 20 A I was working inside the PST, which is 21 Pennsylvania S teel Technologies, 2125 South Front Street in 22 Steelton. 23 Q Is that the Bethlehem Steel plant area? 24 A Yes. 25 Q Is that a subsidiary of Bethlehem Steel? 4 1 A It's a subsidiary of Bethlehem Steel. 2 Q Now, how long have you been at that facility 3 working for Onyx? 4 A Working for Onyx I had been there close to 5 three years. I've been there at the steel mill through 6 Bethlehem Steel for the last nine years. 7 Q Now, you had -- what is -- you were 8 terminated November 6th or right around November 6th, 2001? 9 A Correct. 10 Q What was the reason for your termination? 11 A I believe my reason for termination was 12 because they were losing drastic amounts of money. We went 13 from making -- my office making $100,000.00 or $80,000.00 a 14 month down to making seven. 15 My income alone, just to cover me, was 16 approximately $5,500.00 a month, and Bethlehem Steel is 17 just not producing the work. 18 And they were really -- I was tasking all my men 19 out for other divisions of Onyx in states around 20 Pennsylvania, and I bet they figured -- I think they 21 figured that they could handle that by dispatching the work 22 from those other offices that were handling that. 23 Q Were you replaced to the best of your 24 knowledge? Did Onyx replace you, if you know? 25 A I think that any work, that my assistant -- 5 1 any work in the mill -- he would take the jobs and divy 2 them out. Gra nted there's not that many more because of 3 the situation they're in, but really the task is coming 4 from outside, in Maryland, and he's being assigned. His 5 men are being assigned from there, so I would say partially 6 my job has been filled but not the same duties as I had 7 before I left. 8 Q Now, they terminated your services, correct? 9 A Correct. 10 Q Then you filed for unemployment? 11 A Yes. 12 Q And did you receive unemployment? 13 A Right. Correct. I received full 14 unemployment. There was no hearings or anything. They 15 awarded it to me. 16 Q So Onyx did not challenge your unemployment 17 request? 18 A No. 19 Q How much did you begin receiving for 20 unemployment back in November after you filed? 21 A After November I had made it simple on 22 myself. So I didn't have to pay Dorothy, write her checks 23 and send it al l, I just had it taken out of my check. But 24 what happened was, if they rolled it over -- 25 THE MASTER: Sir, make it simple. How much? 6 0 0 1 THE WITNESS: Four thirty. 2 BY MR. HENNI NGER: 3 Q $430.00 a week? 4 A Well, at first four thirty was before she 5 got her cut out of it. 6 Q And what is your current amount now before 7 the support payment comes out? 8 A Before the support it's still four thirty. 9 Q Now, since the time that you went on 10 unemployment -- and you have copies of stubs of benefit 11 checks here that I have made. Are these them? 12 A Yes, I have them. 13 Q And they run from when to when? 14 A 11/24. 15 Q Would that have been your very first? 16 A Yes, because they have a holding week. 17 Q And how much did you receive at that time? 18 A I only received two eleven. 19 Q That's because of the support amount? 20 A Right. Correct. 21 Q And then the last stub we have here is from 22 what week? 23 A It's from the week of February 2nd, and it 24 is in the amount of $368.00 a week. 25 Q And that's because they're taking out the 7 .. I NOW go w 11 1 amended amount as per the hearing? 2 A Right. Correct. 3 Q Now, you have not received any other stubs 4 since then? 5 A Since that date they have been automatically 6 depositing my check into the bank and they have not sent me 7 any stub. 8 Q Since November have you been actively 9 looking for employment? 10 A Yes, I have. I've been using a few sources. 11 I've been using the internet. Other than the PA Jobs 12 Online, the link through unemployment, I've been heavily 13 using PA Online Job Link. 14 I've been using my computer to send out the 15 resumes because I have a better resume. I also have been 16 sending the resume they had me draw up when I went down to 17 unemployment. 18 I've also been using the newspaper, and I've been 19 also -- I've been sending out resumes through the mail and 20 through my computer through e-mail, and I've gone to a 21 couple interviews. Actually I have one tomorrow at 9:00. 22 Q Who's that with tomorrow? 23 A RSP. It's an operation superintendent for 24 demo and lead abutments which are right up my alley. 25 Q Who else have you interviewed with? 8 0 1 A Land O Lakes. I don't know. You got me on 2 the spot. 3 Q But you have had other interviews? 4 A Yes. 5 Q Right now, $430.00 a week is in excess of 6 $10.00 an hour if you were working a 40-hour week? 7 A Yes. 8 Q What were you making back at Onyx? 9 A I was making $17.00 an hour. 10 Q And you say at the time of your termination 11 you were avera ging how many hours? 12 A About 46. Yes, I really wanted to -- they 13 assessed me li ke I was working in the summer and as if 14 Bethlehem Stee l was going strong, and that wasn't the case. 15 Q Now, I have -- you had provided me with some 16 pay stubs here . Going back from November 8th, would that 17 have been the last pay that you received from Onyx? 18 A Yes, that would be my two checks. 19 Q Now, I'm looking at these pay stubs. Your 20 last pay, Nove mber 8th, how many hours were you receiving? 21 A Twenty-eight hours. They also paid me forty 22 hours vac ation , which they owed me. 23 Q That was your last check? 24 A Right. 25 Q If we look at October 28th, how many hours 9 C 0 1 did you work? 2 A Forty-eight. Fifty-two. 3 Q That's October 21? 4 A Yes. 5 Q We're getting out of order here. Hold on. 6 October 14th? 7 A Forty. 8 Q October 7th? 9 A Fifty. 10 Q Point two five? 11 A Point two five. 35.5 12 Q Hang on. September 30. 13 A Forty. 14 Q I'm trying to go back in order here. 15 A Okay. 16 Q September 23rd? 17 A Forty-six. 18 Q September 16th? 19 A Fifty-two. 20 Q September 9th? 21 A Fifty. 22 Q September 2nd? 23 A Forty-eight point five. 24 Q And then October -- I mean August 26th? 25 A Fifty point five. 10 e. C 0 1 Q Now, at the time -- I also have here a copy 2 of an income and expense statement that you filled out and 3 signed. It's dated March 27th of 2002. Is that correct? 4 A Yes, that's correct. 5 THE MASTER: Could you have it marked as an 6 exhibit? 7 (Whereupon, Defendant's Exhibit No. 1 was 8 marked for identification.) 9 BY MR. HENNINGER: 10 Q Now, you show no income, but, in fact, you 11 do have unemployment compensation. Correct? 12 A Yes, sir. 13 Q And then under your expenses -- is there 14 anything unusual in your expenses? Do you have any unusual 15 expenses outside of your normal living expenses? 16 A No, I don't have any unusual expenses. I 17 just have my normal mortgage and bills. 18 Q How much is the mortgage? 19 A Seven twenty-eight. 20 Q Now, at the end of -- like at the end of the 21 month are you able to make ends meet on your unemployment 22 compensation right now? 23 A I am able to make ends meet, and that means 24 that I can make ends meet. That's no frills. You know, I 25 can't do anything. 11 0 0 1 Q Have you done your 2001 tax return at this 2 time? 3 A No. I have got -- I've been waiting on some 4 paperwork. 5 (Whereupon, Defendant's Exhibit No. 2 was 6 marked for identification.) 7 BY MR. HENNINGER: 8 Q I also have what I've marked as -- I show 9 you what's marked as Defendant's Exhibit 2. Do you 10 recognize that? 11 A Yes. 12 Q what is it? 13 A That's my taxes for 2000. 14 Q And that's -- a joint tax return was filed? 15 A Yes. 16 Q And that was true and accurate at that time? 17 A Correct. 18 MR. HENNINGER: I have no other questions. 19 THE MASTER: Cross. 20 CROSS-EXAMINATION 21 BY MR. DUFFIE: 22 Q Mr. Shepard, I kind of want to work 23 backwards here from what we just talked about. This tax 24 return for 2000, you grossed $61,174.00. Is that correct? 25 A I don't know if that's with Dorothy's stuff, 12 1 too. I mean that could be. That's what we filed, both 2 jointly together I think. 3 Q Do you have a copy of a W-2 from the year 4 2000? 5 THE MASTER: Well, counsel, let me stop you 6 there. We've got an order that was entered on August 31st 7 of 2001 which established the income for both parties. His 8 income at that time was determined to be $3,529.17. That's 9 what we're working from as far as change of circumstances. 10 I don't care what their income was in 2000. 11 MR. DUFFIE: Okay. 12 MR. HENNINGER: The only reason I presented 13 this was because it was required to be presented at this 14 hearing, and that's why I entered it into the record. 15 THE MASTER: Continue, counsel. 16 BY MR. DUFFIE: 17 Q You indicated that -- when asked why you 18 were terminated, you said I believe the reason was. Can 19 you tell us a little bit about the day you were terminated? 20 Is there anything that happened that prompted the 21 termination? 22 A Nothing that day. They -- one of my 23 employees did violate a company policy, and I was 24 responsible for him. Actually he was my assistant, and 25 what -- 13 1 Q Go ahead. I'm sorry. 2 A And they said I was directly responsible for 3 my employees and that I should be terminated for that 4 reason. 5 Q And you were never told any other reason? 6 That was the reason which they expressed or that they 7 expressed to you at that time? 8 A That's the reason they expressed to me at 9 that time. 10 Q Have they ever, since that time, expressed 11 any other reason for your termination? 12 A Yes, but they -- I wasn't there in the 13 conversation, but they had a meeting in the office. One of 14 the guys called me, and they -- he knew that the person did 15 that on purpose and that he wanted the guy who fired me -- 16 my supervisor told him that he knew what he did. 17 Q You said that since you've been laid off or 18 since you were terminated back in November that you've been 19 looking for other jobs. Is that right? 20 A Yes. 21 Q How many interviews have you been on? 22 A I've only been on like three interviews. 23 Q So you've had three interviews. You said 24 RPS coming up, Land O Lakes, and maybe one other one? 25 A I did quite a few. I did an interview at 14 1 Hempt Brothers in Camp Hill and the one down 83. It's a 2 construction firm, but they needed a CDL driver, and I 3 don't have one of them. Other than the equipment -- I'm an 4 equipment operator. 5 Q You said you worked for onyx for three years 6 and Bethlehem Steel for nine. You said that onyx -- three 7 years was part of that nine years at Bethlehem Steel? 8 A Yes. Correct. 9 Q Where did you work prior to working for 10 Bethlehem Steel? 11 MR. HENNINGER: I would object to that. I 12 don't know the relevance of that. 13 MR. DUFFIE: I'm trying to establish what 14 the Defendant's qualifications are. 15 THE MASTER: Overruled. 16 THE WITNESS: I was in the military. I'm an 17 equipment operator, and then I went into this and learned a 18 few other trades while I was in this industry. 19 BY MR. DUFFIE: 20 Q When you say you're an equipment operator, 21 are you authorized to operate heavy equipment, heavy 22 machinery? 23 A Yes. 24 Q What specifically were you doing with onyx? 25 You were working with waste disposal or -- 15 1 A Yes. 2 Q -- was it -- 3 A We're industrial maintenance. We deal with 4 debris removal and high pressure washing. We work in 5 industries like oil refineries, power plants, and steel 6 mills. We remove their debris, clean up their machinery, 7 dispose of their waste, confine space entry. 8 Q You said that you had three interviews. How 9 many other companies have you sent your resume to during 10 the last five months? 11 A I would say at least -- I would have to say 12 over thirty. I'm averaging probably about five a week, but 13 one week I must have sent out twenty because I got a good 14 line on people to send them to, so I just sent them all 15 out. 16 Q Do you have a record of all of the different 17 firms you've been sending these things to? 18 A The only records I have is through PA online 19 state US through the unemployment. My computer, which I 20 click on the resume and then fill out the address and hit 21 send, that keeps a record of who I sent it to and the ones 22 I've been sending out through the mail. 23 I haven't -- to be honest with you, that's one of 24 the -- that's -- the interview I'm going to tomorrow is one 25 of the instances I just filled it out and put it in the 16 1 envelope and sent it to them, and they called me back and 2 made an appointment for me to come in and do an interview. 3 Q The bulk of your resumes that have gone out 4 have been online. Is that correct? 5 A More than -- with the two together, with me 6 using my computer, going through the newspaper, sending 7 resumes that way, and sending resumes through unemployment 8 are more than what I've been sending out through the mail. 9 Q When you send a resume out, do you send a 10 cover letter with a resume? 11 A Not with -- not through the link and not 12 with the -- no, I haven't, no. 13 Q If you were asked, could you produce a list 14 of those particular companies that you've sent a resume to 15 either through America Online or through the computer? 16 A Yes, I could do that. See, I log in every 17 time I use the Pennsylvania link through unemployment. 18 They log me in, and then I log out, so there's a record. 19 There's also a file where you pull your -- they 20 automatically come up on your profile, then you pick the 21 ones you're qualified for, drag them over into your file, 22 and then you send them the resume. 23 Or you have to call up to the unemployment office 24 and get the address and send them out that way, if they 25 won't take it through there. I usually like to directly 17 1 send it to them because my resume is better looking than 2 the generic thing we have online. 3 Q So as far as your qualifications and your 4 abilities, I mean you're qualified to operate heavy 5 machinery. You've been in a management position. 6 A Yes. 7 Q You've been in the industry with onyx and 8 with Bethlehem Steel. Would you consider yourself to be a 9 well-qualified candidate? 10 A Honestly I've been feeling like I am 11 over-qualified and under-qualified. I feel that in some 12 cases that just want a Bobcat or a backhoe operator, 13 they're afraid that I'm going to ask for 16, $17.00 an hour 14 when all they want to pay is $13.00 or something. 15 And then for this job I'm going to tomorrow, I 16 think I'm under-qualified because I think they're going to 17 want the benefit of me working with Bethlehem Steel and 18 being operations superintendent and making that much money. 19 I've done it for nine years, and I knew both 20 steel mills in Maryland and here like the back of my hand, 21 so they kind of paid me for my knowledge and to get to that 22 position. Now I'm going to be applying for this job, and I 23 don't know how evenly they're going to match up together, 24 so I think I'm going to be under-qualified. 25 But as far as operating equipment, I think I'm 18 1 pretty good. I just need to find someone that doesn't want 2 me to move the equipment with the CDL because I don't have 3 that, and I really don't want to get into driving. I would 4 rather just go to a job site like I've done for the last 5 nine years and hop on a piece of equipment and start work. 6 MR. DUFFIE: I have nothing further. 7 THE MASTER: Redirect. 8 REDIRECT EXAMINATION 9 BY MR. HENNINGER: 10 Q You testified that you were terminated from 11 the job for a breach of company policy that one of your 12 employees did. Is that correct? 13 A Yes. 14 Q That's the reason you we re given? 15 A Yes. 16 Q But when I asked you why you were 17 terminated, you didn't believe that to really be the reason 18 you were terminated? 19 A Absolutely not, because the reason being is 20 I was in the meeting for the last three months. Like I 21 said, I used to do 80 to 100 jobs, and I only did 7. 22 And when he called me down to a meeting with the 23 superintendent, they said, Look, Garry, you're going to 24 have to start working out in the field with your guys and 25 be billable. 19 0 0 1 You lost $46,000.00 this month. You lost 2 $50,000.00 the month before, and he started nitpicking 3 where I was spending money. And to be honest with you, I 4 wasn't spending money just like I ain't spending money on 5 my own household. 6 Wasn't spending money back there then, and there 7 was nowhere for me to cut costs to get it below that 8 exorbitant amount of money. There was nothing I could do, 9 and they were really giving me a hard time, and I was 10 really upset. 11 MR. HENNINGER: No other questions. 12 THE MASTER: Recross. 13 MR. DUFFIE: Nothing. 14 BY THE MASTER: 15 Q Sir, what is your educational background? 16 A I'm -- I graduated with a high school 17 diploma. 18 Q And you said you had military experience? 19 A Yes, equipment operator. 20 Q What service? 21 A Army. 22 Q How many years? 23 A Five years. 24 Q What kind of equipment did you operate? 25 A I operated general equipment. That's where 20 1 I don't want to make the misunderstanding. I do not do 2 heavy equipment as far as dozers, pans, and graders. I do 3 not do those three. I operate excavators, gram buckets, 4 front end loaders, Bobcats, nine wheels, all kinds of 5 rollers, that sort of equipment. 6 Q What type of jobs have you been applying 7 for? 8 A I've been applying for industrial and 9 equipment operator jobs, and since I did demo with 10 Bethlehem Steel, tearing down their old parts of the mill 11 that they don't use anymore, I seen this demo job, so I 12 applied for it, too. 13 Q When were you married? 14 A I was married on July 23rd of 194, I 15 believe. 16 Q And when did you separate? 17 A June 20th of last year, 2001. 18 Q And you have no children together? 19 A No. 20 THE MASTER: Thank you. That's all I have. 21 Whereupon, 22 DOROTHY LOUISE SHEPARD 23 having been previously sworn, testified as follows: 24 DIRECT EXAMINATION 25 BY MR. DUFFIE: 21 0 1 Q Dorothy, can you state your full name, 2 please. 3 A Dorothy Louise Shepard. 4 Q Where do you currently reside? 5 A 7887 Tickneck Road, Pasadena, Maryland. 6 Q And with whom do you reside? 7 A My little sister, Victoria Wheeler. 8 Q Where did you reside prior to that address? 9 A 512 North Front Street, Apartment 4, 10 Wormleysburg, Pennsylvania. 11 Q And when did you leave there and move to 12 Maryland? 13 A I believe it was the first week of August, 14 2000. 15 Q 2000? 16 A Or 2001. 17 Q And when did you move into the residence in 18 Wormleysburg? 19 A That would be June 22nd, 2001, when I left 20 my home with Mr. Shepard. 21 Q When you left the home, were you employed at 22 that time? 23 A Yes, I was. 24 Q Where were you employed? 25 A Texaco Food Mart, Cedar Cliff Drive, in Camp 22 1 Hill. 2 Q What was your position? 3 A I was a supervisor. 4 Q And how many hours did you work a week? 5 A I worked an average of 40, 45 hours a week. 6 Q And where were you employed after the Texaco 7 Food Mart? 8 A I was employed in Maryland. Right now I 9 work at a training barn. It's Fence Post Farm in Pasadena, 10 Maryland. 11 Q Let's get back to the Texaco Mart if I 12 could. What was your rate of pay at that point? 13 A $8.25 an hour I believe it was. 14 Q And now you're working at a training barn. 15 Is that a horse training barn? 16 A Yes, it is. 17 Q And what do you do at the training barn? 18 A I'm caretaker of 23 horses. 19 Q And up until just recently how many hours 20 were you putting in at the training barn? 21 A Until recently I was putting in 30, 35 hours 22 a week, but one of the girls came back from college and now 23 she's working, so my hours have been cut to 20 hours a 24 week. 25 Q So what's your -- what is your rate of pay 23 1 at the training barn? 2 A $6.00 an hour. 3 Q And you said now you're working about 20 4 hours a week? 5 A Yes, sir. 6 Q Have you picked up a second job to 7 supplement that time? 8 A Yes, I have. 9 Q Where are you working? 10 A Baltimore Airport Shuttle in Baltimore, 11 Maryland. 12 Q What do you do for Baltimore Airport 13 Shuttle? 14 A I drive a shuttle bus, a van, from the 15 airport to people's homes or hotels. 16 Q How many hours are you getting? Strike 17 that. Are you paid bi-weekly? 18 A Yes, I am. 19 Q How many hours are you getting in a two-week 20 period right now? 21 A Between 23 and 24, 28 hours a week or every 22 two weeks. 23 Q So you -- go ahead. 24 A He's trying to give me more hours but right 25 now it's a slow period. 24 1 Q So you'd say basically you work somewhere 2 from 28 to 30 hours every two weeks maybe? 3 A Correct. 4 Q And what's your rate of pay in Baltimore? 5 A $6.50 an hour. 6 Q So you're working approximately 15 hours a 7 week for $6.50 an hour at Baltimore Airport Shuttle and 8 another 20 hou rs per week at the training barn at $6.00 an 9 hour? 10 A Correct. 11 Q Do you have recent pay stubs? 12 A Yes, I do. 13 Q Are these two pay stubs from Baltimore 14 Airport Shuttl e? 15 A Yes, they are. 16 Q And are those the only two pay stubs you 17 received so fa r? 18 A Yes. 19 Q And for the first pay stub, what's your 20 period ending date? 21 A February 8th, 2002. 22 Q And what is your gross earnings? 23 A $156.00. 24 Q And how many hours was that? 25 A Twenty-four. 25 1 Q And what was your net take home? 2 A $138.66. 3 Q Let's do the same thing for the second pay 4 stub. Period ending date? 5 A February 22nd, 2002. 6 Q What is your gross earnings? 7 A $186.88. 8 Q And your total hours? 9 A Twenty-eight point seven five. 10 Q And your net take home pay? 11 A $164.08. 12 Q And those two checks again reflect 24 hours 13 and 28.75 hours? 14 A As I testified, those are bi-weekly checks. 15 Q Do you have a copy of your income and 16 expense statem ent? 17 A Yes, I do. 18 (Whereupon, Plaintiff's Exhibit No. 1 was 19 marked for identification.) 20 BY MR. DUFFIE: 21 Q Are you currently paying any rent? 22 A Yes, I am. 23 Q And what's your rent? 24 A $250.00 a month. 25 Q And you're paying that? 26 1 A To my sister Vickie. 2 Q Do you have any other extraordinary 3 expenses? 4 A Normal car payment, insurance payment. 5 Q Does the income and expense statement on the 6 front under the income portion reflect your income from 7 both positions at this point? 8 A Yes, it does. I also have an expense for 9 the Baltimore shuttle job. It costs me on a daily basis 10 for going across the tunnel every day. I have to go across 11 the key bridge and the tunnel every day and that has to 12 come out of my pocket. 13 Q These are expense tabs for tolls that you 14 have to pay out of your own pocket going across the bridge. 15 We'll take care of those in one second. Now, you're 16 indicating -- can you give us -- you have produced a stack 17 of receipts. I'm assuming those are the receipts that 18 you've compiled since you began working for the Baltimore 19 Airport? 20 A Correct. 21 Q Can you give us an estimate on a weekly 22 basis what you're paying in tolls? 23 A It's a dollar each way, and sometimes I have 24 to cross the bridge three and four times a day. It 25 averages out between 8 and $12.00 a week. 27 1 MR. DUFFIE: I have nothing further at this 2 time. 3 THE MASTER: Cross. 4 CROSS-EXAMINATION 5 BY MR. HENNING ER: 6 Q Do you have any pay stubs from Fence Post 7 Farms? 8 A No. It is paid under the table. She's on 9 vacation. She wasn't able to give me another letter. 10 There's a lett er from the last hearing on January 11th 11 though. 12 Q And how much do you get paid an hour there? 13 A I get paid $6.00 an hour there. 14 Q I'm looking at the summary of the trier of 15 fact from the conference back in January where it's 16 indicated that you were getting paid $6.50 an hour. 17 A Yes, we noticed that, too, and it was only 18 $6.00 an hour. It must have been a typo on there. 19 Q So you get paid -- do you get paid $6.00 or 20 does she withh old taxes from that? 21 A She pays me cash. 22 Q And now you're saying you're only working 23 twenty ho urs a week at that job? 24 A Yes. 25 Q You have no proof on that except your word, 28 1 correct? 2 A Correct. 3 Q And Baltimore Airport Shuttle, can I see 4 those pay stubs? 5 A Um-hum. 6 Q It's your testimony that they don't pay your 7 tolls? If you have to run somebody -- you've got to 8 shuttle somebody from the airport -- 9 A If I have a passenger in the vehicle, they 10 pay for that toll; otherwise, if I'm just shuttling the van 11 back and forth, I pay for it and claim it at the end of the 12 year. 13 Q You don't get reimbursed from the company? 14 A No, they said -- could I ask a question? 15 Q Let me. So if you pick somebody up at the 16 airport and you've got to take them into town, it costs a 17 buck to get into town; but then you have nobody to take 18 back, and you've got to go back out to the airport, so the 19 passenger will pay the buck to go in? 20 A The company pays the dollar for the 21 passenger. I pay the dollar to go get another passenger, 22 and then that's claimed as a work expense. 23 Q Since -- prior to the Fence Post Farm job, 24 did you have any other jobs in Maryland? 25 A Yes, I had gotten a job working as an office 29 1 manager for a nursing home, but the lady had just started 2 her company and the company failed to produce work, so she 3 had to let m e go. 4 Q And how much were you making at that job, 5 how much an hour? 6 A It was $8.00 an hour. 7 Q Did you have any other jobs in Maryland 8 besides that one? 9 A I worked for 7-Eleven approximately three 10 weeks, and t hey cut my hours back to one night a week, so I 11 had to find other employment. 12 Q And how much were you making at 7-Eleven? 13 A I think it was six and a quarter an hour. 14 Q In April then, prior to going to Maryland, 15 you were working at Texaco making eight and a quarter an 16 hour? 17 A Correct. 18 Q Was Texaco a full-time job? 19 A Yes, it was. 20 Q And was the job with the nursing center, was 21 that a full- time job? 22 A That was part-time, three days a week, three 23 hours a day. 24 Q Were you working any other jobs when you had 25 that part-ti me? 30 I A I was looking. I had just moved to 2 Maryland. 3 Q Okay. So now your testimony is you're 4 working about 20 hours a week for Fence Post Farms at $6.00 5 an hour under the table, and you're working somewhere 6 around 15 hours a week, that may be shy side, for Baltimore 7 Airport Shuttle at $6.50 an hour? 8 A Correct. 9 Q Are you looking for any other employment at 10 this time? 11 A Yes, I am. I have an interview on Friday at 12 1:00 with (unintelligible). Hopefully that comes through. 13 That would be forty hours a week in that case. 14 MR. HENNINGER: I don't have any other 15 questions. 16 THE MASTER: Redirect. 17 MR. DUFFIE: I have nothing further. 18 BY THE MASTER: 19 Q Ma'am, how old are you? 20 A I'm forty. 21 Q How long had you worked at Texaco Food 22 Market? 23 A I believe I started there January of 2001 24 until I moved to Maryland. 25 Q And that would have been in August? 31 o 1 A August, the beginning of August. 2 Q So this was a voluntary termination of the 3 Texaco Food Market job on your part? 4 A Yes, I had given them a notice saying that I 5 was moving to Maryland. 6 Q And the reason you moved from Pennsylvania 7 to Maryland was what? 8 A Mainly because Mr. Shepard would come to my 9 job or come to my apartment, and I just couldn't get away 10 from him. 11 Q What's your educational background, ma'am? 12 A GED. 13 THE MASTER: Either counsel have any other 14 questions? 15 MR. HENNINGER: No. 16 MR. DUFFIE: No. 17 THE MASTER: Okay. Any rebuttal testimony? 18 MR. HENNINGER: No rebuttal. 19 THE MASTER: We'll close the record. 20 (Whereupon, the above proceeding was 21 concluded.) 22 23 24 25 32 p 0 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of the same. Laura F. andley Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Date Michael R. Rundle, Esquire Support Master ?ROft s :. q '? 1 CJ1 1 r S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOROTHY L. SHEPARD, Plaintiff : NO. 01-4094 CIVIL TERM PASCES NO. 3161-3786 V. GARRY A. SHEPARD, : CIVIL ACTION-LAW Defendant : IN DIVORCE ANSWER TO PETITION FOR SPECIAL EMERGENCY RELIEF AND NOW, this 30`h day of May, 2003, comes the Plaintiff, Gary A. Shepard, by and through his attorney, Pannebaker & Jones, P.C. and files this Answer to Petition for Special Emergency Relief in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Defendant is without knowledge or information to sufficient to form a belief as to the truth of the averments in Paragraph 3 of Plaintiff's Petition for Special Emergency Relief, which averment is accordingly denied. 4. Admitted. 5. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 5 of Plaintiff s Petition for Special Emergency Relief, which averments are accordingly denied. 6. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 6 of Plaintiff's Petition for Special Emergency Relief, which averments are accordingly denied 7. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 7 of Plaintiff s Petition for Special Emergency Relief, which averments are accordingly denied. 8. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 8 of Plaintiff s Petition for Special Emergency Relief, which averments are accordingly denied. 9. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 9 of Plaintiff s Petition for Special Emergency Relief, which averments are accordingly denied. By way of further answer Defendant avers that he has consistently made payments of APL at times that he has been employed and that the fact that the Plaintiff has not received an APL check in three (3) weeks should not have resulted in the repossession of the vehicle of the Plaintiff. By way of further answer Defendant avers through counsel that Plaintiff has never held a steady job throughout the marriage and that one only needs to look at the wants ads to see there is plenty of and has been plenty of employment positions available that would allow Plaintiff to live. 10. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 10 of Plaintiff s Petition for Special Emergency Relief, which averments are accordingly denied. 11. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 11 of Plaintiff s Petition for Special Emergency Relief, which averments are accordingly denied. 12. Denied. Defendant specifically denies that he currently in possession of almost all the marital assets including all of the liquid marital assets. Defendant specifically denies that the marital home contains anywhere from $20,000 to $40,000 of marital equity, although the Defendant admits there is some equity in the marital home, Defendant avers that the vast majority if not all of the equity in the marital home is as a result of Defendant's contributions to the marital estate and not as a result of any contribution that the Plaintiff has made or did make during the parties marriage. Defendant also specifically denies that such asset is liquid. Although the Plaintiff admits that he is possession of the Onyx Industrial Corporation 401K plan worth $6,582.16 as of around the date of separation, Defendant specifically denies that that 401K plan is worth that amount this time, it being worth significantly less as a result of the continued deterioration of the stock market since the date of separation. Defendant also specifically denies that said 401K plan is liquid. Although Defendant admits that he is in possession of the IDEX IRA and that had a value of approximately $19,947.29 as of the date of separation, he specifically denies that it has that amount currently. Defendant also specifically denies that the IDEX rRA is liquid. 13. Denied. Although the Defendant admits the Plaintiff is in possession of some personal effects, he specifically denies that she is only in possession of a few items of personal property from the marital home and proof to the contrary is demanded. 14. Denied. The Defendant specifically denies that the parties have listed this case with the divorce master, in which pre-trial statements are due on or before June 6, 2003. By way of further answer, Defendant further denies while the matter may be close to being resolved, that he is without knowledge or information sufficient to form a belief as to the truth of the remaining averments in paragraph 14, which averments are accordingly denied. By way of further answer, the Defendant answered interrogatories on November 7, 2001 and this matter has been ripe for listing for a master by the Plaintiff since that time. The fact that this matter could have been listed for a master at that time, the Plaintiff decided to pursue APL and to continue to receive APL rather then moving this matter towards a conclusion. The Plaintiff waiting over a year from the supply of the answers to discovery requests by the Defendant in which to list for master and then failed to promptly file a certification that all discovery is complete until May 7, 2003. Defendant believes and therefore avers that the Defendant has reaped substantial rewards as a result of the ongoing APL payments. 15. Denied. Defendant specifically denies that the grant of relief herein requested would cause the Defendant no adverse consequences and certainly would not convey anywhere near fifty (50%) percent of those assets which have been identified by the parties as marital and subject to equitable distribution. Proof to the contrary is demanded. By way of further answer, Defendant avers that the grant of relief would cause significant adverse consequences since it is Defendants belief he would be entitled to well in excess of a 50/50 split of all marital assets; that the marital assets represented by IRA and 401K plans are significantly less then represented in paragraph 12 of Plaintiff s Petition; he believes and therefore avers that Wife will not be entitled to a $7,500.00 distribution from the IRA or 401K of the Defendant; if in fact that the master determines that a distribution is due to the Plaintiff it would obviously be the preference the Defendant to play that from the equity of the marital home as opposed to out of retirement assets that cannot be very easily replaced and which would be subject to significant Internal Revenue Service penalties. 16. Admitted in part and denied in part. Although it is admitted that relief requested herein is extraordinary, Defendant specifically denies that the circumstances under which Plaintiff makes such request is such. As stated earlier the Plaintiff has chosen a course of action leading not to pursing the divorce in a timely manner but to continue to reap the benefits of this Court's APL Order and now is asking the Court for additional remedies which are very detrimental to the marital property of the parties. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss the Petition for Special Emergency Relief filed by the Plaintiff. V,efipectfu submitted, P B & JONES, P.C. By: P er R. Henninger, Jr., Esq re I.D. #44873 4000 Vine Street Middletown, PA 17057 (717)944-1333 :sls SHEPARD PETITION53003 #17080 VERIFICATION I verify that the statements made in these Answers to Petition for Special Emergency Relief are true and correct. I understand that false statements herein are made penalty of 18 Pa. C.S.A. §4904, relating to unsworn A. :sls SHEPARD PETITION53003 CERTIFICATE OF SERVICE AND NOW, this 30`h day of May, 2003, the undersigned does hereby certify that a copy of the foregoing document was served upon the Plaintiff by and through her attorney of record: Mark C. Duffle, Esquire 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 submitted, #. & JONES, P.C. ,Pjter R. Henninger, Jr., I.D. #44873 4000 Vine Street Middletown, PA 17057 (717)944-1333 _:. CA --e r51 elS 6U ?/. yT.'tl4{. 4P?1 i45'?'Y"'p'rv ev^2xTtlr;Fi#'. "8e'?`YmS."N?hW FP4 4EPy£'f?3J4_wsy'?i%. _ ? e.. Johnson, Duffle, Stewart & Weidner By: Keirsten W. Davidson I.D. No. 78243 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DOROTHY L. SHEPHARD, Plaintiff V. GARRY A. SHEPHARD, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS IN DIVORCE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these pages by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4094 CIVIL TERM CIVIL ACTION - LAW Johnson, Duffle, Stewart & Weidner By: Keirsten W. Davidson I.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DOROTHY L. SHEPHARD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. CIVIL TERM V. CIVIL ACTION - LAW GARRY A. SHEPHARD, IN DIVORCE Defendant AMENDED COMPLAINT IN DIVORCE UNDER SECTIONS 3301() OR 33010 OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Dorothy L. Shephard, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Amended Divorce Complaint against the Defendant, Garry A. Shephard: 1. The Plaintiff is Dorothy L. Shephard, an adult individual, residing at 1701 Cedar Cliff Drive, Cumberland County, Pennsylvania 17011. 2. The Defendant is Garry A Shepherd, an adult individual, residing at 1701 Cedar Cliff Drive, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and Defendant were married on July 23, 1994, in Annapolis, Maryland. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six (6) months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counseling and he may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under Section 3301(c) of the Divorce Code. COUNT H - EQUITABLE DISTRIBUTION 8. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 7 inclusive, of the Complaint as if the same were set forth herein at length. 9. Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. COUNT III - SPOUSAL SUPPORT ALIMONY/ALIMONY PENDENTE LITE 10. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 9 inclusive, of the Complaint as if the same were set forth herein at length. 11. The Plaintiff has insufficient income and assets to provide for her needs. 12. The Plaintiff has a minimal monthly income. 13. The Defendant has a monthly income greatly in excess of Plaintiffs. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter an award of spousal support/alimony pendente lite until a final hearing, and alimony thereafter. JOHNSON, DUFFIE, STEWART & WEIDNER By: I I" " " W N Keirsten W. Davidson :148242 VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unswom falsification to authorities. Date:T? D I Dor thy L. S d r- X) a? 3 Johnson, Duffle, Stewart & Weidner By: Keirsten W. Davidson I.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DOROTHY L. SHEPHARD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-4094 V. CIVIL ACTION - LAW GARRY A. SHEPHARD, IN DIVORCE Defendant CERTIFICATE OF SERVICE I hereby certify that on the 25T" day of July, 2001, that I served a true and correct copy of the Amended Complaint in Divorce upon the Defendant, Garry A. Shephard, by certified mail, restricted delivery, to his mailing address at 1701 Cedar Cliff Drive, Camp Hill, Pennsylvania 17011, return receipt requested, attached hereto and made a part hereof. JOHNSON, DUFFIE, STEWART & WEIDNER Date: August 4, 2001 By: ,4J Keirsten W. Davidson :148242 .n Ln 0 -D Postage $ m Certified Fee Ln m Return Receipt Fee U1 (Endorsement Required) (1J O Restricted Delivery Fee C3 (Endorsement Required) O 0 ..a ? RsciPlent?s Nam. (P'W.E Sires O or P Street, Apt, O it St, O O f`- i ¦¦ Complete nd ` Also complete item 4 g Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to You- g Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Sr,p 11, OA kr1C)11 service l rg¢r?? l A Past d aN A Print i .2'4 LAC .._!.v i] Yes is delivery address drf reM ra?Jre'° If YES, enter delivery address below: ? No 3. Service Type Mail .Certified Mail 0 Express ? Registered ? Return Receipt for Merchandise ? Insured Mall ? G.O.D- t,,( 4. Restricted Delivery? (Extra Fes) 1r( Yes rl.v Ulm--+rw 102595-99-M-1789 iestic Return Receipt n o T' O 4 DOROTHY L. SHEPARD, Plaintiff/Petitioner Vs. GARRY A. SHEPARD, Defendant/Respondent DR 30978 PACSES ED 316103786 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CIVIL ACTION - LAW NO. JaL 48491 CIVIL TERM Ot-?io9k c,al ORDER OF COURT INTERIM AND NOW, this 31't day of August, 2001, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,074.41 per month and Respondent's monthly net income/earning capacity is $3,529.17 per month, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $1,025.00 per month payable monthly as follows; $982.00 per month for alimony pendente lite and $43.00 per month on arrears. First payment due within five days of this date in the amount of 982.00. Arrears set at $1,964.00 as of August 30, 2001. The effective date of the order is July 23, 2001. Defendant is to make a lump sum payment to plaintiff in the amount of $982.00 within five days of this date and plaintiff is to advise the Domestic Relations Office of siad payment being received. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, . but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Dorothy L. Shepard. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Respondent to provide medical insurance coverage. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday Iv?aded,eopi6s on 94- < Petitioner Respondent Keirsten Davidson, Esquire James Pannebaker, Esquire BY THE COURT, Edward E.Guido J. G' ?? -= -- - ,?3 -c -? _ _ r ? r ? `._ _ J / -I` r ?_ ?. ;_ - .. N _? .. - ?_ ..6 ?S ?o :n w r._ -_ .a+m.... .. _ _ +Fwtcv uq n ?. ? ..ix, ?.. -.- ?w i k ^?=N'- ^'?m is aual?i3w?:baas .t d)- ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsivania Co./City/Dist. of CUMBERLAND r? Date of Order/Notice 08/30/01 6A 3D$ 7 S Court/CaseNumber (See Addendum for case summary) Employer/Withholdei's Federal EIN Number ONYX PRECISION SERVICE Employer/Wrthholder's Name 215 S FRONT ST Employer/Withholder's Address STEELTON PA 17113-2538 ) RE: SHEPARD, GARY A. O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employee/Obligor's Name (Last, First, MI) 085-48-5226 Employee/Obligor's Social Security Number 7293100684 Employee/Obligors Case Identifier (See Addendmn for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 982. 00 per month in current support $ 43.00 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 025.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 236.54 per weekly pay period. $ 473.08 per biweekly pay period (every two weeks). $ 512.50 per semimonthly pay period (twice a month). $ 1.025. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: AUG 3 1 2001 Service Type M 6;,-34t)*00 rzv .TV46t5- Form EN-028 OMB No.: 0970-0154 Worker ID $IATT Expiration Date: 12/31/00 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. wages. Repading the P y- /Date ofWithholding. You must report the paydate/date ofwithhaldi ig when sending the pa?rnent. The 3.* paydate/date of withholding I's the date up I vVitich aniou it was vithheld foin the employee's You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 7291100156 EMPLOYEE'S/OBLIGOR'S NAME: SHEPARD, GARY A. EMPLOYEE'S CASE IDENTIFIER: 7293100684 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: -DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet @ Page 2 of 2 OMB No.: 0970-0154 Expiation Date: 12/31/00 Form EN-028 Worker ID $IATT 11 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SHEPARD, GARY A. PACKS Case Number 316103786/ J??'d Plaintiff Name / G DOROTHY L. SHEPARD Docket Attachment Amount 01-4049 CIVIL$ 1,025.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. i fyrn- !V N 3 v -n r cis co 00 -4c iy ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT /7 D/- (7,1111L State Commonwealth of Pennsylvania Alma 31616 37s?_ Co./City/Dist. of CUMBERLAND Date of Order/Notice 10/24/01 312 30979 Court/Case Number (See Addendum for case summary) Employer/Withholder's Federal FIN Number ONYX PRECISION SERVICES INC Employer/Withholder's Name PO BOX 1900 Employer/W ithholder's Address ASHLAND KY 41105-1900 O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: SHEPARD, GARY A. Employee/Obligor's Name (Last, First, MI) 085-48-5226 Employee/Obligor's Social Security Number 7293100684 Employee/Obligor's Case Identifier (See Addendum for plaintiffnames associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 982. oo per month in current support $ 43. oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0 .00 per month in medical support $ 0 .00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 025.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 236 54 per weekly pay period. $ 473 .08 per biweekly pay period (every two weeks). $ 512 .5o per semimonthly pay period (twice a month). $ 1, 025. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information needed (See #9 on pg. 2). If remitting by EFT/ED], please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: /O -a-D/ Service Type M a<?mc ? its OMB No.: 09700154 Expiration Date: 12/31100 Form EN-028 Worker ID 21205 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate'Date of Withholding. You must report the paydate/date of withholding when sending the paymerrf.-T+? paydate/date of nithholdi 1- 11- .161 . ... ........ . 1.0ti t Wag Mthire'd from the employee's wages.- You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 3637976850 EMPLOYEE'S/OBLIGOR'S NAME: SHEPARD, GARY A. EMPLOYEE'S CASE IDENTIFIER: 7293100684 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet Page 2 of 2 OMB No.: 0970-0154 Expiation Date: 12/31/00 Form EN-028 Worker ID 21205 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SHEPARD, GARY A. PACSES Case Number 316103786 Plaintiff Name DOROTHY L. SHEPARD Docket Attachment Amount 01-4049 CIVIL$ 1,025.00 Child(ren)'s Name(s): DOB ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ?if checked, you are required to enroll the child (rem identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. a c7<< 1 Q t CS co i . .Rgd ?k?Lrh'A v r ... fl n. nv:- F4E" IaCem? !2 -"' Johnson, Duffle, Stewart & Weidner By: Keirsten W. Davidson I.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DOROTHY L. SHEPARD, Plaintiff V. GARRY A. SHEPARD, Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant PRAECIPE TO CORRECT CAPTION TO THE PROTHONOTARY: NO. 01-4094 CIVIL ACTION - LAW IN DIVORCE Kindly correct the above caption to reflect the correct spelling of the parties' last name which is SHEPARD. Dated: :151320 JOHNSON, DUFFIE, STEWART & WEIDNER By: ?/" (,),?_ Keirsten W. Davidson := w O O W 3 ?l J i;7 YF = rac J` G In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 01-ti09y DOROTHY L. SHEPARD ) Docket Number 4J,4444r =+IL Plaintiff ) VS. ) PACSES Case Number 316103786 gOU 76 GARY A. SHEPARD ) Defendant ) Other State ID Number PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of GARY ALLEN SHEPARD respectfully represents that on AUGUST 30, 2001 , an Order of Court was entered for the support of DOROTHY LOUISE SHEPARD A true and correct copy of the order is attached to this petition. Service Type M Form OM-501 Worker ID 21205 ay SHEPARD V. SHEPARD PACSES Case Number: 316103786 2. Petitioner is entitled to O increase ® decrease O termination O reinstatement O other of this Order because of the following material and substantial change(s) in circumstance: complete this section by listing the reasons for your request.) WHEREFORE, Petitioner requests that the Court modify the existing order for support. I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. ?& AV a Date Service Type M Page 2 of 2 Form OM-501 Worker ID 21205 OD N 0 a 3 rs? c iP25. _ _ _ GP.?. ??sr .-.-w °+6A+ Nm .4FmA V {sue 6Flil?§. 1 .. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DOROTHY L. SHEPARD ) Docket Number OL--U # CIVIL Plaintiff ) vs. ) PACSES Case Number 31610378 6190q79 GARY A. SHEPARD ) Defendant ) Other State ID Number PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of GARY ALLEN SHEPARD respectfully represents that on AUGUST 30, 2001 , an Order of Court was entered for the support of DOROTHY LOUISE SHEPARD n ? - 3 -ai -. c A true and correct copy of the order is attached to this petition. Form OM-501 Service Type M Worker ID 21 205 SHEPARD V. SHEPARD PACSES Case Number: 316103786 2. Petitioner is entitled to 0 increase ® decrease 0 termination 0 reinstatement 0 other of this Order because of the following material and substantial change(s) in circumstance: (Pease complete this section by listing the reasons for your request.) WHEREFORE, Petitioner requests that the Court modify the existing order for support. I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. At/ d Date Page 2 of 2 Form OM-501 Service Type M Worker ID 21205 6 N G O v l C-, c' C -' n r? O ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT 2W, 01- LIOgLf 0original Order/Notice State Commonwealth of Pennsylvania 17ygo u 31 ;2 h6 Co./City/Dlst. of CUMBERLAND z O Amended Order/Notice Date of Order/Notice 11/21/01 3 29 79' 0 Terminate Order/Notice Court/CaseNumber (See Addendum for case summary) Employer/Withholder's Federal EIN Number ONYX PRECISION SERVICES IN_C _ Employer/Withholder's Name PO BOX 1900 _ Employer/Withholder's Address ASHLAND KY 41105-1900 )RE: SHEPARD, CARRY A. Employee/Obligor's Name (Last, First, MIT 085-48-5226 _ EmployeeTObligors Social Security Number 7293100684 Employee/Obligor's Case Identifier (See Addendum for plaintiff names assodated with cases on aftachment) )- Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0. 00 per month in medical support $ 0. oo per month for genetic test costs $ per month in other (specify) for a total of $ 0 . o o per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o _ oo per weekly pay period. $ p, o o per biweekly pay period (every two weeks). $ 0, oo per semimonthly pay period (twice a month). $ o, oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: VO`J 2 6 20QI; Service Type M Form EN-028 OMB No, 09)0.0154 Worker ID $IATT % Expiration Date; 12/31/00 r ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Payda You must comply with the law of the paydate/date of withholding is the 01, 01.0ch anou itwas withheld from the eniiployee?s wages. state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 3637976850 EMPLOYEE'S/OBLIGOR'S NAME: SHEPARD, GARRY A. EMPLOYEE'S CASE IDENTIFIER: 7293100684 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: DOMESTIC RELATIONS SECTION 1 N HAN VER ST P.O. BOX 320 CARLISLE PA 17013 Service Type m If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet Page 2 of 2 OMB No.: 09700154 Expirztion Date: 12/31100 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SHEPARD, GARRY A. PACSES Case Number 3161037864-97(D PACSES Case Number Plaintiff Name Plaintiff Name DOROTHY L. SHEPARD Docket Attachment Amount Docket Attachment Amount 01-4049 CIVIL$ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. e i ?7 C O G. (4 G C=, Yt O ? "•J W7 t?> C? cro '{ICI ;- iF'fiK h'i?'xFN4F„a' In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Defendant Name: GARRY A. SHEPARD Member ID Number: 7293100684 Please note: AD correspondence must include the Member ID Number. ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS FSnandal Break Down of Multiple Cases on Attachment PACSES Docket Plaintiff Name Case Number Number DOROTHY L. SHEPARD 3Q?7O 316103786 01-40ft/ CIVIL TOTAL ATTACHMENT AMOUNT: Attachment Amount/Frequency $ 1,025.00 (MONTH 1,025.00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 23 6.54 per week, or 50 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, GARRY A. SHEPARD Social Security Number 085-48-5226 , Member ID Number 7293100684 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated NOVEMBER 11, 2001 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: NOV Y. "1 2001 Service Type m - ?h"J ? JUDGE Form EN-530 Worker ID $IATT i 0 r vi V4 C) _CD a ?O DOROTHY L. SHEPARD, Plaintiff/Petitioner VS. GARRY A. SHEPARD, Defendant/Respondent DR 30978 PACSES ID 316103786 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CIVIL ACTION - LAW NO. 2001-4094 CIVIL TERM ORDER OF COURT AND NOW, this 116 day of Januafy, 2002, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,510.36 and Respondent's monthly net income/earning capacity is $838.54, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $268.67 per month payable monthly as follows; $268.67 for alimony pendente lite and $0.00 on arrears. First payment due next withholding attachment from unemployment compensation. Arrears set at $59.53 as of January 11, 2002. The effective date of the order is November 8, 2001. This order is based upon defendant receiving unemployment compensation benefits. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C. S. § 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to Dorothy Shepard. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. I This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday BY THE COURT, Mailed copies on Petitioner 1-I1-02 to: < Respondent Keirsten Davidson, Esquire Peter Henninger, Jr., Esquire Edward E. Guido I Cl V• VII N r 3 ' g .U y Crs FB In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: GARRY A. SHEPARD Member ID Number: 7293100684 Please note: All correspondence must include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiple Cases on Attachment PACSES Docket Attachment Amount/Freauencv Plaintiff Name Case e Number Number DOROTHY L. SHEPARD 3 978 316103786 01-4094 CIVIL $ 268.67 MONTH / TOTAL ATTACHMENT AMOUNT: $ 268.67 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 62.00 per week, or 50.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, GARRY A. SHEPARD Social Security Number 085-48-5226 , Member IDNumber 7293100684 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated NOVEMBER 11, 2001 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: JAN 1 `I c i?cu>4 eA ?. G? DO JUDGE Form EN-034 Service Type M Worker ID $IATT a N 9 W T] 3 l i L i C W? `J cc,c, DR 30978 PACSES ID 316103786 DOROTHY L. SHEPARD, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. GARRY A. SHEPARD, Defendant/Respondent DOMESTIC RELATIONS SECTION CIVIL ACTION - LAW NO. 2001-4094 CIVIL TERM DEMAND FOR HEARING DATE OF ORDER: January 11, 2002 AMOUNT: 268.67 per month FOR: Alimony Pendente Lite REASON(S): Defendant was terminated from his to emp yment on November 7, 2001, for violating company policies and has done nothing substantial since then to seek alternative employment. Plaintiff believes Defendant is intentionally attempting to evade his support obligation. Defendant should be held to his prior earning capacity. PARTY FILING DEMAND FOR HEARING: ?? Signature t- IH-O'a-- Date keirsten W. Davidson, Esquire Attorney for Plaintiff, Dorothy L. Shepard ,r: .ra d 0-a '5: ZO Nl was ?Jiivl!lISNN is F AY ? rvTill. - NW?EF.S?'33£4d.. ID+5g1"-0&f? MHE?F? ,W MF1i3L'/%'tN ,l rtknM1O .<.-.? -..:45.? DR 30978 PACSES ID 316103786 DOROTHY L. SHEPARD, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. GARRY A. SHEPARD, Defendant/ Respondent DOMESTIC RELATIONS SECTION CIVIL ACTION - LAW NO. 2001-4094 CIVIL TERM DEMAND FOR HEARING DATE OF ORDER: January 11, 2002 AMOUNT: 268.67 per month FOR: Alimony Pendente Lite REASON(S): Hearing Officer incorrectly calculated Plaintiff's income to the fact that Plaintiff is being paid under the table and is not reporting her income she should not get a reduction or taxes, or which she obviously no intention of paying. Furthermore, Defendant belives Plaintiff's earning PARTY FILING DEMAND FOR HEARING: to be in excess of $6.50 an hour. Defendant/Respondent Signature Peter R. Henninger, Jr., Esquire Attorney for Defenddnt%Respondent / /i-7lo L Date c CD 3 c LT, rn r --1 - x Z ` r13 r rV'r ? c'; CXT -G Phone: In the Court of Common Pleas of County, Pennsylvania Fax: Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Please note: All correspondence must include the PACSES Case Number. Income and Expense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must also fill out the Supplemental Income Statement which appears on page two of this income and expense statement.) „ INCOME STATEMENT OF Section I: Income and Insurance INCOME: / Employer R>LCC ? Address l / Gl& A? ""rriv?e of Work " J Payroll NQrp"- Gross Pay per Pay Period $ a Period (wkly., bi-wkly., Itemized Payroll Deductions: Federal Withholding $ Social security $ , 1/ 1 Local Wage Tax $ State Income Tax , Sa i Retirement $ Savings Bonds $ Credk s Life Insurance $ Health Insurance $ S S Other Deductions (specify) $ $ Net Pay per Pay Period $ OTHER (Fill in Appropriate Coltman) INCOME WEEK MONTH YEAR Interest $ $ $ Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Worktnen's Compensation Other Other TOTAL $ TOTAL INCOME $ Service Type PROPERTY Ownership OWNED DESCRIPTION VALUE H W J Checking Accounts $ Savings Accounts Credit Union Stocks/Bonds Real Estate Other I TOTAL Is * H=Husband; W=Wife; J=Joint PLAINTIFF'S EXHIBIT ? LI= N Income and Expense Statement PACSES Case Number Coverage INSURANCE COMPANY POLICY N H W C Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other * H=Husband; W=Wife; C=Child Section H: SUDplernental Income Statement a. This form is to be filled out by a person ? (1) who operates a business or practices a profession, or ? (2) who is a member of a partnership or joint venture, or ? (3) who is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach to this statement a copy of the following documents relating to the parmership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement C. Name of business: Address and telephone number: it. Nature of business (check one) ? (1) partnership ? (2) joint venture ? (3) profession ? (4) closed corporation ? (5) other e. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: Page 2 of 3 Form IN-008 Service Type - Worker ID Income and Expense Statement Section III• Expenses PACSES Case Number Instructions: Only show extraordinary expenses in this section unless you filled out Section B on page two. The categories in BOLD FONT are especially important for calculating child support. If you are requesting Spousal Support/APL or if you assert your case cannot be determined according to the guideline grids or formula, this section must be fully completed. (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home Mortgage/Rent $ $ $ Maintenance Utilities Electric $ $ $ Gas on Telephone Water Sewer Em to meat Public Transport. $ (aL $ $ Lunch Taxes Real estate $ $ $ Personal Property Insurance Homeowner's $ $ $ Automobile h?r Life Accident Health Other Automobile Payments $ $ Fuel Repairs Medical Doctor $ $ Dentist Orthodontist Hospital Medicine needs Special (glasses, braces, orth( EXPENSES (Fill in Appropriate Column) " (continued) WEEK MONTH YEAR Education Private School $ $ $ Parochial School College Religious Personal Clothing $ $ $ Food _IVI 47 Barber/ Hairdresser Credit Payments Credit Card ?,t? V460 Charge Memberships Loans Credit Union $ $ $ Miscellaneous Household Help $ $ $ Child care Papers/books Ma°azines Entertainment Pay TV Vacation Gifts Legal fees Charitable t' u'o s er ldld Ahmogy payments Other $ S Total I verify that the statements made in this Income and Expense S mend are statements herein are subject to the criminal penalties of 18 Pa. .S. § 4904 .? #? L4 D P!a' o Page 3 of 3 Service Type correct. I understand that false to W "orn falsification to authorities. Form IN-008 Worker ID In the Court of Common Pleas of Phone: County, Pennsylvania Fax: Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Please note: AB correspondence must include the PACSES Case Number. Income and Expense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must also fill out the Supplemental Income Statement which appears on page two of this income and expense statement.) INCOME STATEMENT OF Section I: Income and Insurance INCOME: Employer I - V V l t?-- Address Type of Work Payroll No. Gross Pay per Pay Period Itemized Payroll Deductions: Pay Period (wkly., bi-wkly., etc.) Federal Withholding $ Social Security $ Local Wage Tax $ State Income Tax $ Retirement $ Savin L Bonds $ Credit Union $ Life Insurance $ Health Insurance S $ $ Other Deductions (specify) $ S Net Pay per Pay Period $ OTHER (Fill in Appropriate Column) INCOME WEEK MONTH YEAR Interest $ $ $ Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Workmen's Compensation Other Other TOTAL 4s $ TOTAL INCOME $ J0 V, f Service Type PROPERTY Ownership OWNED DESCRIPTION VALUE H W J Checking Accounts $ Savings Accounts Credit Union O Stocks/Bonds by Real Estate Other TOTAL Is * H=Hnband; W=Wife; J=Joint DEFENDAIAT'S Form IN-008 EXHIBIT Worker ID 14-'N 9, Income and Expense Statement PACSES Case Number Coverage * INSURANCE COMPANY POLICY # H W C Hospital Blue Cross nl o/ /? V Other Medical Blue Shield V) 4P? Other Health/Accident y??+ Disability Income Dental Other ky * H=Husband; W=Wife; C=Child Section H: Suuolemental Income Statement a. This form is to be filled out by a person ? (1) who operates a business or practices a profession, or ? (2) who is a member of a partnership or joint venture, or ? (3) who is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Lass Statement C. Name of business: Address and, telephone number: d. Nature of business (check one) ? (1) partnership ? (2) joint venture ? (3) profession ? (4) closed corporation ? (5) other e. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: Service Type Page 2 of 3 Form IN-008 Worker ID -k Income and Expense Statement PACSES Case Number Section III: Expenses Instructions: Only show extraordinary expenses in this section unless you filled out Section II on page two. The categories in BOLD FONT are especially important for calculating child support. If you are requesting Spousal Support/APL or if you assert your case cannot be determined according to the guideline grids or formula, this section must be fully completed. (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home MMortgageftatr $ $ -2 22 $ Maintenance Utilities Electric $ $ °'j $ Gas Oil Telephone Q Water Sewer Em o to ent Public Transport. $ $ $ Lunch v Taxes Real estate $ $ $ Personal Property Insurance Homeowner's $ $ $ Automobile Life Accident Health Other Automobile Payments $ $ $ Fuel Repairs - Q Medical Doctor $ $ Deotlst Orthodontist Hospital ' yy Medicine pee n (glasses, braces, '??"? EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR Education Private School $ $ $ Parochial School College Religious Personal Clothing $ $ $ Food - (? Barber/ d sser Credit Payments Credit Card Charge Memberships o Loans Credit Union $ ukoe $ Miscellaneous Household Help $ $ $ Child care Paperaroooks Maoazines Entertainment Pay TV Vacation Gifts Legal fees Chantable C bu[ions Other Child unnart ?? Alimony Pa eats Other is is $ Total WEEK MONTH YEAR Expenses : $ $ $ I verify that the statements made in this Income and Expense Statement are true and co ec . understand that false statements herein are subject to the criminal penalties of 18 Pa. tom. 04904, relating, wo falsification to and A Date? Page 3 of 3 Form IN-008 Service Type Worker ID Just For You: Your Personal Financial Analysis and Advice Personalized Tax Advice Report For: GARRY A & DOROTHY L SHEPARD 2000 Tax Data: Adjusted Gross Income .................. $ - 61,174. Standard (or Itemized) Deduction........... $ 9,668. Taxable Income........................ $ 43,106. Total Balance Due or Refund ............... $ 6,399. This is your Personalized Tax Advice Reportfor 2000. This report has been customized for you based on your 2000 tax return. We hope that the tax advice and planning suggestions below will help save you money this year and in the future. Your qualified retirement plan allowed you to make contributions with pre-tax dollars, saving you $774 in taxes this year. If you are contributing the maximum amount allowed by your employer's plan, you may be able to increase your retirement savings even more by investing in an IRA. Ask your H&R Block tax or financial advisor for details. Your mortgage interest deduction of $5384 saved you $550 on your taxes. You may be able to save even more. To find out, check out the information and tools at www.hrblockmortgage.com/preferredelient. 9pp9rtunities ,. Your employer may offer a tax savings plan for out-of-pocket medical expenses, but you must sign up (enrollment is typically in the fall). Even if you signed up last year, you will need to re-enroll. A loan with tax-deductible interest can help your money go farther to accomplish the things you want. Contact Block mortgage or an H&R Block tax advisor to see if a home equity loan makes sense for you. Investing:for_the.Eature__ , - - , Invest for your child's education with a qualified state tuition plan, an education IRA or U.S. savings bonds. Contact your H&R Block financial advisor to learn more about these programs and special rules for transferring or giving funds to minors. Get tax savings now and more retirement income later by maximizing contributions to your company retirement plan. Plus, check with your employer to see if the plan has loan provisions that let you access funds before you retire. Changes; If you're changing jobs, keep your retirement plan assets growing by rolling over your old retirement plan into your new employer's plan or into an IRA. Call your H&R Block financial advisor for all the options. An H&R Block home equity loan can help you make home improvements, consolidate debt and even potentially increase your tax deductions. Talk to an H&R Block Mortgage representative or visit us at -- www.hrbloans.com. Investment services and securities products offered through H&R Block Financial :r SIPC, a subsidiary of H&R Block, Inc. H&R Block, Inc. is not a registered brokerld?.__ - -- Justtoryouj2000t FDJUST4U-1V1.0 Form Software apyr ght 1996- 2001 H&R a lock Tax Services, Inc. H&R Block Advantage Date of H&R Block Tax Pre oration Services - 2/10/2001 Prepared by: Prepared for: H AND R BLOCK EASTERN TAX GARRY A & DOROTHY L SHEPARD 5072A JONESTOWN ROAD 1701 CEDAR CLIFF DR HARRISBURG, PA 17112 CAMP HILL, PA 17011 For Year-round Service, call: (717) 652-1202 Retum(s) prepared: Your Preparer was: GWENDOLYN BROWN FEDERAL, PA Feeforservices: $ 197.00 Block Advantage: Cost: Satisfaction Guarantee Included - We guarantee qualkywork. In the unlikely eventthatyour return has an error, H&R Block pays the penalty and interest resulting from the error. V/ Personalized advice and tax planning based on yourspecific situation. Included V/ Year-round assistance. Included V Audit Assistance. Included V/ Tax return maintenance fora full three years or longer if required bythe state. Included Appointments available any time, at your convenience. Included 1- 800- HRBLOCK available for client service and office locator needs. Included Withholding(W-4)planningaccord ingtoyour preferences. - - Included V/ Refund Rewards coupons- merchand ise d isoou nts at your favorite p laces. Included ,/ If your return is prepared anytime between January 1, 2001 to April 16, 2001 Included you will automatically be entered in the "The H&R Block $1,000,000 Giveaway" - ask your preparerfordetails! .V/ The convenience of over 9,000 locations nationwide to serve you. Included ,V/ H&R Block Advantage Plus program, which provides special offers from Included partners related to yourfinancial needs. Additional ServicesAvailable from H&R Black: • Electronicfflingoptions, including: o Refund Anticipation Loan- A loan against your refund available in as few as two days. o Refund Anticipation Check- The ability to withhold yourfeesfrom the anticipated refund. o Direct Deposit- Your refund deposited by IRS into yourpersonal account, • Peace ofMind (POM)Guarantee -Extends your guarantee to include the reimbursement of taxes due to our error or other special situations up to $4,000. • Mortgage Services, including first-time homebuyers, debt consolidation and home improvement loans. Financial Serv ices, including retirement planning and investment and brokerage services offered through H&R Block Financial Advisors, Inc., member NYSE, SIPC, a subsidiary of H&R Biock, Inc. H&R Block, Inc. is not a registered broker/dealer. Regular Office Version AdvantageS2000? FDADV-1V1.0 Form Saft ar Copy fight 1998 - 20at H8R Block Tax services, Inc. .s Income Tax Summary Worksheet 2000 GARRY A & DOROTHY L SHEPARD 085-48-5226 2000 1999 INCOME 7. Wages, salaries, tips ..................... 61,232 53,071 8a. Taxable interest income .................. 1 23 9. Ordinary dividend income .................. 0 0 10. State/local tax refunds ................... 41 0 11. Alimony received .......................... 0 0 12. Business income (loss) .................... 0 0 13. Capital gain (loss) ....................... 0 0 14. Other gains (losses) ...................... 0 0 15b. Taxable IRA diet ......................... 0 0 16b. Taxable pensions ......................... 0 0 17. Rents, partnerships, etc: ................. 0 0 18. Farm income (loss) ........................ 0 0 19. Unemployment comp ......................... 0 266 20b. Taxable soc.security ..................... 0 0 21. Other income .............................. 100 0 22. Total income .............................. 61,374 53,360 ADJUSTMENTS 23. IRA deduction ............................. 200 2,000 24. Student loan interest deduction........... 0 0 25. Medical Savings deduction ................. 0 0 26. Moving Expense ............................ 0 0 27. Self-empl.tax deduct ...................... 0 0 28. Self-empl.health ins ...................... 0 0 29. KEOGHs, SEPs, and SIMPLES ................. 0 0 30. Sav.withdrawal penalty .................... 0 0 31a. Alimony paid ............................. 0 0 32. Total adjustments ......................... 200 2,000 ADJUSTED GROSS INCOME 33. Line 22 less line 32 ...................... 61,174 51,360 TAXABLE INCOME 36. Itemized deductions ....................... Medical expenses ........................ 0 9,677 Taxes ................................... 4,284 3,083 Deductible interest ..................... 5,384 6,649 Contributions ........................... 0 0 Casualty ................................ 0 0 Miscellaneous deduct .................... 0 0 Total itemized ............................ 9,668 19,409 36. Standard deduction ........................ 7,350 38. Exemptions ................................ 8,400 13,750 39. Taxable income ............................ 43,106 18,201 TAX COMPUTATION Tax from Tax Table (00) Tax Table (99)... 6,469 2,734 Additional taxes .......................... 0 0 41. Alt.minimum tax ........................... 0 0 42. Tax before credits ........................ 6,469 2,734 CREDITS 43. Foreign tax credit ........................ 0 0 44. Child care ................................ 0 0 45. Elderly or the disabled ................... 0 0 46. Education credits ......................... 0 0 47. Child tax credit .......................... 0 1,500 48. Adoption credit ........................... 0 0 49. Other credits ............................. 0 0 50. Total credits ............................. 0 1,500 51. Tax after credits ......................... 6,469 1,234 OTHER TAXES 52. Self-employment tax ....................... 0 0 53. Soc.sec.tax on tips ....................... 0 0 54. Tax on IRA 6 other plans .................. 0 0 55. Advanced EIC payments ..................... 0 0 56. Household Employment taxes ................ 0 0 Miscellaneous taxes ....................... 0 0 57. Total tax ................................. 6,469 1,234 PAYMENTS 58. Federal withholding ....................... 12,868 11,014 59. Estimated payments............ ......... 0 0 60a. Earned income credit ..................... 0 0 61. Excess FICA withheld ...................... 0 0 62. Additional child tax credit ............... 0 0 63. Amount paid w/ exten ...................... 0 0 64. Other payments ............................ 0 0 65. Total payments ............................ 12,868 11,014 REFUND 66. Overpayment ............................... 6,399 9,780 67a. Refund due ............................... 6,399 9,780 68. Applied to next year estimates............ 0 0 AMOUNT DUE 69. Amount owed with return ................... 0 0 70. Penalty for underpay tax .................. 0 0 OTHER COMPUTATIONS Net invest.inc.for F4952 ...................... 0 0 A1t. Min.Taxable Income ........................ 55,749 36,318 Total tax pref.6 adjmts ....................... 4,243 4,367 Marginal Tax Bracket .......................... 15% 15% Filing status ................................. Married Filing Married Filing Jointly Jointly 2001 ESTIMATED TAXES Due 04/16/2001 0 Due 06/15/2001 0 Due 09/17/2001 0 Due 01/15/2002 0 Declaration Control Number DCN 0 F0- 2 3 0 0 0 6 -? -Fil GARRY A. SHEPARD DOROTHY L. SHEPARD Tax Return Signature/Consent to Disclosure Self-Select PIN without Direct Debit by ERO ERO Signature I declare that the information contained in this electronic tax return is the information furnished tome by the taxpayer. If the taxpayerfumished me a completed I am signing this Tax Return by entering my PIN below. ERO's PIN 23000600363 Tax Return Signature IcensenttomyEledronicRetumOriginator (ERO)Oanmi YIRnsen'tto thelRSsandingi an acknowledgment of receipt of transmission and an indication of whether or not my return is accepted, and,'d rejected, the reason(: am applying for a refund anticipation loan or similar product, an indication of a refund offset. If the processing of my return or refund is IRS to disclose to my ERO and/ortransm'dterthe reason(s) forthe delay, orwhen the refund was sent. I am signing this Tax Retum/Consent to Disclosure by entering my Self- Select PIN below. Underpenatties of perjury,Ideclare that) have exa LyInliefttis true, cor rect, and complete Consent to Disclosure FILE Fr?SSa?t wefe3?oa209o11998-3001 H8R 8 ICCk ?eDe 9453c?ICV1.S Department of the Treasury- Internal Revenue Service 1040 U.S. Individual Income Tax Return 2000 M91 IRSUse Only-- (See instructions GARRY A SHEPARD on page l9.) DOROTHY L SHEPARD UsethelRS 1701 CEDAR CLIFF DR label. Otherwise, CAMP HILL, PA 17011 please print ortype. Presidential t, ElectionCamoalan Note.Checking"Yes" will not change yourtax or reduce your refund. Filing Status t Single 2 x Married filing join rn Is one 'p return E spouses om ? 3 Married filing Be y 4 Head of househ ith ers tIt lifyir Checkonl onebox. nnTC"hda ehild's n ? If more than sic dependents, see page 20. No. of boxes checked on 2 Be and Sb _ No. of your ual. children on 3c who: m ?. a lived with you 1 e did not livewilh - you due to divorce or separation -Issspaga20) Dependents on -ec not entered above Income 7 Wages, salaries. tips, etc. Attach Form(s) W- 2 7 61,232. is 1. 100. Adjusted 23 IRAdeduction(see page27). . . 200 Gross 24 Student loan interest deduction (see page 27) . . . . 24 Income 25 Medical savings account dad uction. Attach Form 8853 , 25 26 Moving expenses. Attach Form 3903 . . . . . . 26 27 One-half ofseff employment tax. Attach Schedule SE . 27 28 Self-employed health insurance deduction (see page 29) 28 29 Self-employed SEP, SIMPLE, and qualified plans . . . 29 30 Penalty on early withdrawal of savings . . . . . . 30 31a Alimonypaid bRecipienrsSSN ? 31a 32 Addlines23through 3la . . . . . . . . . . . . . . . . . . . . . Your social security number 085-48-5226 Spouse's social security number 214-86-4346 Important! You must enter your SSN(s) above. ?Ispou?seI You _? MYesnNo IYe81nINc person is a child but notyour dependent, 200. KBA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, seepage 56. Form 1040(2000) Farm orm 10 0402?00) FD1040-1V 1.25 F Softw a opynght 1993- 2001 H&R Block Tax Services, Inc. Exemptions 6a LxJ Yourself. If your parent (or someone else) can claim you as a dependent on his or her tax return, do not check box 6a . . . . . . . . . . . . . . . . . . . Form1040 2000 GARRY A & DOROTHY L SHEPARD 085-48-5226 Pa e2 . . . . . . 34 Amount from line 33 (adjusted gross income) 34 61,174. . Tax and 35a Check if: ? Youwere65orolder, ? Blind; ? Spouse was65orolder, ?Blind. Credits Add the number of boxes checked above and enterthe total here . . . . . .? 35a to If you are married filing separately and your spouse itemizes deductions, or ?35b? . you were adual-status alien, see page 31 and check here . . . . . . . . ? Standard Deduction 36 Enter your itemized deductions from Sched u Is A, line 28, or standard deduction sh own for Most on the left. But see page 31 to find your standard deduction if you checked any box on 668 9 People line 35a or 35b or if someone can claim you as a dependent. . . . . . . . . . 36 , . Single: 37 Subtract line 36 from line 34 . . . . . . . . . . . . . . . . . . . 37 51,506. $4,400 38 If line 34 is $96,700 or less, multiply $2,800 by the total number of exemptions claimed on Head of line 6d. If line 34 is over $96,700, seetheworksheetonpage 32fortheamounttoenter . . 38 8,400. household: 450 , 39 Taxable income. Subtract I' line 8 is en • • 39 43,106. $6, M d fili i 40 Tax. Check'' ifanytaxisfiro 14 F 497 . . . 40 6,469. arr e ng jointlyor 41 Alternative minimum tax. chForm 6 . . . . . . 41 - - Qualifying 42 Add lines 40 and 41 . ... ? 42 6 , i 6 9. widow(er): $7350 43 Foreign taxcredit.Attach ifreq . . 43 Married 44 Creditforchikl and dependentcare expenses. Attach Form 2441. 44 filing 45 Credit forthe elderly orthe disabled. Attach Schedule R . 45 separately: 46 Education credits. Attach Form 8863 46 $3,675 47 Child tax cred'a(seepage 36). . . . . . . . . 47 48 Adoption credit, Attach Form 8839 . . . . . 48 49 Other. Check'Iffrom a B Form 3800 b?Form8396 c?Form 8801 d F if)r) M& 0 IM Ar 50 Addlines43through49. . . . 50 51 Subtract line 50 from line Iine50' r-0-, ? 51 6,469. 52 Seff-empioymenttax.Alt the . . . . 52 Other 53 Social security and Medicar in ono ort ye achForm 4137. 53 Taxes 64 Tax on IRAs, other retirement plans, and MSAs. Attach Form 5329 if required . - . . . . . 64 55 Advance eamedincome credit paymentsfromForm(s)W-2 . . . . . . . . . 55 56 Household employment taxes. Attach ScheduleH . . . . . . . . . . . . 56 --------------------------------------------------------------------- 57 Add lines 51through 56.Thisis ourtotaltax ? . . . . . . . . . . . . . . 57 6,469. 58 Federal income taxwithheld from FomjsW-2and1099 . . . 58 12,868. Payments 59 2000 estimated t is & lied from 1 retu 5 If you have a 60a Earned income -11( qualifying child, attach b Nontaxable ear into unt Scheduk:ElC. and type ?__ 61 Excess social RR eld (see a 50) 62 Additional child tax cred it. Attach Form 8812 . . . . 62 63 Amount paid with requestfor extension to file (see age 50) 63 64 Other payments. Check if from a?Form 2439bLJForm 4136. 64 65 Add lines 58, 59,60a, and 61 through 64. Total pay ments . ? 65 12,868. Refund 66 If line 65 is more than line 57, subtract line 57 from line 65. Th is is the amount you overpaid . 66 6,399. Haveit 67a Amou nt of line 66 you want refunded to y ou ? • . • • • • • directl 67a 6,399. y deposited! ? b Routing number 031100 H&W T heckin ings Seepage50 ? d Accountnumber 900479 54 and fill in 67b , 67c and 67d. 68 Amountofline66 ouwanta I es to ? Amount 69 If line 57 is more than line 65, su ct line 65fr lin .This ismountyou owe. onew You Owe For details on how to pay, see 51 . . . . . .? 69 70 Estimated tax penalty. Also include on line69 70 Sign Under penalties of perjury, l declare that lhave examined th Is return and accompanying sch adules and at atom ants, and to the best of my knowledge and Here belief, they are true, correct, and complete. D eclarat ion of praparer (other than Iupayer) is based on all information of which preparer h as any knowledge. Joint return? Yoursignature Date Youroccupation Daytime phone number See page 19. For Info Only-Do not fit INDUSTRIAL ]ANT ' Keep a copy foryour Spouse's signature. Ifajoint return, both must sign. Date Spouse's occupation May IRS discuss this return with records. For Info Only-Do not file HOUSEWIFE snowngeicwz Yes No Paid Preparees, 1 Date Check if Preparer's SSN or PTIN signature Pre arees 2/10/01 self- em to ed p Firm's name (or H AND R BLOCK EASTERN TAX yours ifsaw- emplo Use Onl ed) EIN 43-1632899 y y , address and ZIP code HARRISBURG, PA 17112-0000 Phoneno.(717) 652-1202 KBA Forr%1040?2200) FD1040- 2V 1.25 Farm 1040 (2000) Form oftwe a opyright 1996. 2001 HaR Block T. Services, Inc. SCHEDULE A OMBNO.1545-0074 (Form 1040) Schedule A - Itemized Deductions 2000 ? Attach to Form 1040. ? See Instructions for Schedule A (Form 1040). Attachment D epartm ant of the Treasury $e uenceNo Internal Revenue Service 9 . Name(s) shown on Form 1040 Your social security no. GARRY A & DOROTHY L SHEPARD 085-48-5226 Medical Caution. Do not include expenses reimbursed orpaidbyothers. and 1 Medical and dental expenses (see page A-2)? 1 _______________________ Dental ------------------------------ ---------------------- Expenses - ----- ----------------- ----------------------------------- --- 2 Enter amount fromF . orm1040,1ine34 2 - - 3 Multiply line 2above by7.5%(.075) . . . . . . . . . . 3 4 Subtract line 3 from line 1. If lintha er- 4011111k,, A W 4 Taxes You 5 State andlocalinwmetaxe 2,477• Paid 6 Real estate taxes (seepag )? ---- - ----- REAL ESTATE T 787. S 1,787. ( ee page A-2.) 7 Personal property taxes . 8 Other taxes. List type and amount ?_ OCCUPATIONAL TAX 20. 8 20. 9 Add lines 5throu h8. Interest 10 Home mortgage interest and points reported to you on Form 1098. . 10 5,384. You Paid 11 Home mortgage interest not reported to you on Form 1098.ifpaid to the person from whom you bought the home, see page A- 3 and ' s name, identifying no., and address ? (See show that person page A- 3.) Note. --------------- ----- :9 ISL --JJIFF Personal 12 Points not reported to you o 10 ge r 'AI rules. interest is 2 - not 13 Investment interest. Attach FO req .(S 'ag 13 deductible. 14 Add lines 10through 13 . 14 5,384. Gifts to 15 Gifts by cash or check ?--_ _-_-_ - -----.... -............... - _ Charity If youmade a --------- --------------- ----------- 1b iftand ota g g ----------------------- - - -------------------------------- benefdfora, 16 Otherthan byeash orcheck. If anygiftof$250ormore, seepageA-4. seepageX4.You ItFo '.over$500 17 Carryoverfrompri ear A 1 18 Add linesl5thro 17 . 18 Casualty and Theft Losses 19 Casual orthe ch - .See a 5. 19 Job Expenses 20 Unreimbursedemployee expenses. Attach Form 2106or2m6-EZif required. and Most WORK BOOTS 12 0 . _ _ _ Other UNION DUES ---------------------- - ---- 228. Miscellaneous ------------ ----------------------------------- Deductions ----- ------ ------- 20 348. 21 Tax preparation fees . . . . . . . . . . . . . 21 199. 22 Otherexpenses ? MWE MME ------------------------ -- (Sae --------------------------- -----__ _ ______ _ 22 pageA-5for expensesto 23 Add lines 20 through 22 3 547. deducthere.) 24 Enter amountfrom Form 1040, tin 61, 25 Multiply line 24 above by2%(.02 5 1,223. 26 Subtract line 25 from line 23. If line 25 is more than line 23, enter -0-. 26 0. Other 27 Other - from list on page A- 6. List type and amount? --------------- Miscellaneous --------- Deductions ------------------------------------------------ --------------------------------- 27 Total 28 Is Form 1040, line 34, over $128,950 (over $64,475 if married filing separately)? Itemized 0 No. Your deduction is not limited. Add the amounts in the far right column Deductions forlines 4through 27.Also, enter onForm 1040,line 36. ,? 28 9,668. Yes. Your deduction maybe limited. See pageA- 6 for the amountto enter. KBA For Paperwork Reduction Act Notice, see Form 1040 Instructions. Schedule A (Form 1040) 2000 Por Seitwere chMVt! 080001 FDA•1v1.9 opyr pht 1996 - 2001 H6R Block Tea Services, Inc. Form $606 Nondeductible IRAs ? See separate instructions. ? Attach to Form 1040. Form 1040A, or Foi Attachment Name. If married, file a separate form for each spouse required to file Form 8606. Seepage 5 of the instructions. Your social security number GARRY A SHEPARD 085-48-5226 Fill in YourAddress Only Home address (number and street, or P.O. box ff mail is not delivered to your home) Apt. no. if You Are Filing This Form by Itself and Not City, town or post office, state, and ZIP code With Your Tax Return Complete Part I it. • You made nonde • You received dis IRA in 2000 or an • Youconvertedp year, )u nondeductiblecontributionstoatraditional 1 2000and ycu made nondeductible 1 Enteryour nondeductible contributions to traditional IRAs for2000, including those made for 2000 from January 1, 2001, through April 16,2001. Seepage 3of the instructions . . . . . . . . . 1 1,800. 2 Enter yourtotal basis in traditional IRAs for 1999 and earlieryears. Seepage 3 of the instructions . . . 2 16,000. 3 17,800. 3 Add lines t and 2 . Did you receive any Nom Enter theamountfrom distributionsfrom 3 inet not traditional orSIMPLE - m they A^ A IRAs or make a Roth [ RA _ Form 8606?2800) FD8606-1 V 1.41 Form Softwa as opyright 1996- 2001 H&R Block Ten Services, Inc. Declaration Control Number (DCN) F 0 2 3 0 0 0 6 processin of m' W rri eceive co nliel etI - ans Inquiries and resolve issues related to my payment. Under this , I can revok is auth lion the p ylvania Department of Revenue no later - then two business days prior to the payment (settlement) date. I understand that not .1lonmusl be made in writing by one of the following method.: E-mail Address:ra- ach revokQ state.pa.us or Fax Telephone Number: (717)772-4193. If I have filed a balance due return, l understand that if the PA Department of Revenue does not receive full and timely payment of my tax liability, l will remain liable for the tax liabilityv and all applicable interest and penalties. If l have filed a joint federal and state tax return and there is an error on my state return, l understand my federal return will be reject §d. I declare that under penalties of perjury Iheve wmp.red theinformelion on my return with the information ihave provided to my electronic return originator and the amounts agree with the amounts an my 21100 PA Tax Relurn(FOrin PA-40) To the best of in y know ledge, my return is t rue and corn plate. I consent l h at m y rat urn and accompanying N sch ad ules and statements be sent to the Internal Revenue Service (IRS) by my electronic return originator and subsequently by the IRS to th a PA D apartment of Revenue. If l am filing fro a oe f.II Fit.nd l am required to keep this form and supporting doc?mgnlsfgr_thrget sars? Sin ' Y COPY ONLY Here Yoursignature D use'ssi Inumioint return BOTH must sign. Date MGM Declaration of Electronic Ret rlgina (WO) an al reparer (See Instructions.) ?A ation of which I have knowledge. 1 understand that I am ERO'ssignature ERO'S Use Firm'sname(oryours , H A Only if self-emnlnverri and - that the Date Check if also Check if 32/10/01 paid preparer n self-employed r letlye. I have obtained the tax. I all forms and information to be for Electronic Filers of Individual declare that I have examined the declaration is based on all inform. address - I 1111[-000U Da imeTele hone Number (717) 652-1202 Preparer's signature Date Check if EIN Paid self-employed n m' p r " Firm'sname(or ours Use Only if self- employed)and address Daytime Telephone Number ELECTRONIC RETURN ORIGINATORS (EROS) AND TAXPAYERS FI U NG FROM HOME PCs KEEP THIS FORM (and the required attachments) FOR THREE YEARS. Please DO NOT mail this form. PLEASE DO NOT USE YOUR 0000114025 LABEL PA 40 2000 s, j AC 9 **For Information Onlv - Do Not File** 085-48-5226 SH 214-86-4346 EX 0 RS R SHEPARD GARRY A A 0 FS J DOROTHY L FY 0 -- - ----e_--_??s PLCrASr FOLD PAGE ALONG 77H -IS- Lf "N r??-?----- Local Information. Enterwhers you lived as of 12131/00 Extension, (Mark This Space) School District: WEST SHORE ended Return, (Mark This Space) School Code: 21900 fiscal Year Filer, (Mark This Space) County: CUMBERLAND Municipality: LOWER ALLEN TWP peFiler.( nonlyonecirde) Residency Status. (Mark the Coned Sp ace) Single R X Resident J X Married, Filing Jointly NR Nonresident M Married, Filing Separately P Part Year Resident F Final From: D Deceased To: Date of Death: 1a Gross Compensation, from ch ,cry ormsw- e t is T.... . 1a tb UnreimbursedEmployeeB ,fromP hedule '! ... 1b 1c Net Compensation. Subtr om ......... .... .... ..... 1c 2 Interest Income. Complete and enclose PAScheduleA'dover$2,500 ................................ 2 3 Dividendlncome.Complete andenclose PASchedule Bifover $2,500 .............................. 3 4 Net Income or Loss from the Operation of Business, Profession, or Farm ............................. 4 Contributions To Your Medical Savings Account. See the instructions ............................. 10 Adjusted PA Taxable I ncome. Subtract Line 10 from Line 9 ...................................... 11 .00 .00 10 11 12 I 0000114025 m m 0000114025 PA Tax Liability. Multiply Line 11 by 2.8%(0.028). Also enter on Line 13, Page 2 ..................... 12 EC FC 61,232.00 .00 61,232.00 1.00 .00 .00 .00 .00 61,233.00 .00 61,233.00 R 1,715.00 0000214023 2000 PA-40 PAGE 2 OF 2 SHEPARD GARRY A 085-48-5226 13 16 19 21 24 27 30 33 36 Under penalties of perjury, I (w e) declare that I (ne) have examined this return, including all accompanying schedules and statements, and to in a beat of my (our) belief they are ON ONLY FE Preparer or Company Nama(Please Print) Dote Telephone Number H AND R BLOCK EASTERN TAX 02110101 (717) 652-1202 Signature of the Preparer (Optional) 1 0000214023 0000214023 1 WAGE STATEMENT 0001214022 J I SUMMARY PA Schedule W-2S (09-00) PA DEPARTMENT OF REVENUE 2000 OFFICIALUSEONLY Name(s) as shown on your PAtax return: Social Security Number: GARRY A & DOROTHY L SHEPARD 085-48-5226 I nstructions. Instead of submitting your Forms W- 2, or photocopies, you may write the necessary information below. Keep your original Forms W- 2. Important Your PAcompensation may be different from yourfederal wages. Caution. If you believe that a PA amount on your Form W- 2 is incorrect, you must submit your actual Form W. 2 with a written explanation from your employer. You must submit other statements for amounts you are reporting as compensation on your PAtax return. Information From Each Form W- 2. Number ofForms W-2 3 11ouneedinn aceouma hotOCO this schedule or re are our ownschedule inthisformat. a b c Include the total on Line la d Include the total on Une 14 Do not include local Employer Identification Number Federal lgftWle PAtaxwfthheld income tax withheld from box8 r ozt frombox18 incolumn (d). 1. 36-3797685 $ ,5050 $ -0 1,80900 Do not include tax 2. 61-0852764 $ 5 $ 59300 $ 1700 withheld to another 3. 13-2634868 $ 0 1,1340 $ 3200 state or country in column (d). 4. $ $ $ 5 $ $ $ Caution. The 8 $ $ $ Department reserves the right 7. $ $ ==2. Total 61,23200 $ 1,85800 PA DEPARTMENT OF REVENUE !=rest d DWd d In Ome Alfir 2000 Name(s) as shown on your PAtax return: Social Security Number: GARRY A & DOROTHY L SHE 085-48-5226 If you need more space, you may photocopy the hed r -a' o-- dhedulesi format. Caution. Federal and PA rules fartaxable interest and dividend income are different.Readt o Min'- No A rest income or d ividend income is $2,500 or less, you do not need tosubmftaschedule. lfeftheryourintere meor Ividen I damelsmore han ,500, you must submit a ached ule. Filing options: 1. You cansullmitacopy ofyour federal schedule, oryyoucanjust enter yourfederalinterest income and/or dividend income. TheDepartment canverify - the amounts you reported on your Federal Income Tax return. 2. Otherwise, listthe name of each paver and the amount of PAinterest and dividend income you received in 2000. PA Schedule A - PA Taxable Interest Income Filingoptionl. Enterthe amountfrom your Federal Schedule B (Form 1040) or Schedule I (Form 1040A) 1.1s 1 0001214022 0001214022 1 H&R BLOCK H&R Block's Standard Service Guarantee And Privacy Assurance - At No Additional Charge The H&R Block Standard Guarantee: One of the reasons that H&R Block is the leader in tax preparation is the confidence and trust that our clients place in us. And, part of that trust is because of our standard guarantee, included with your fees, at no additional charge to you. If an errorwas made in the preparation of your tax return by H&R Block that costs you interest or penalty on additional taxes due, H&R Block will pay that interest and penalty. In addition, if your income tax return is audited, H&R Blockwill appearwth you atthat audit at no extra cost and explain how your return was prepared, but not asyour legal representative. Privacy Assurance: Protecting your privacy is fundamental to our business. 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Final Return For Earned Income Tax TAXING AUTHORITY OF RESIDENCE: WEST SHORE TAX BUREAU CITY, TWP, ORBORO: LOWER ALLEN TWP TAXYEAR: 2000 SCHOOL DISTRICT: WEST SHORE NO. MONTHS RESIDED HERE: 12 ACCOUNT NO.(IfAny): TAXPAYER 085485226 SPOUSE 214864346 LOCALTAXRATE: 1.0000 % TAXPAYER: SHEPARD GARRY A SS#: 085-48-5226 SPOUSE: SHEPARD DOROTHY L SS#: 214-86-4346 ADDRESS: 1701 CEDAR CLIFF DR TELENOS.(717) 975-2680 (DAYTIME) (EVENING/ CAMP HILL PA 17011 WEEKEND) TAXPAYER SPOUSE 1. EARNINGS FROM WAGES, SALARIES, TIPS AND BONUSES ............ ....... $ 59,505.00 $ 593.00 .. 2. LESS ALLOWABLE EMPLOYEE BUSINESS EXPENSES $ ( ) $ ( ) 3. NET LOSS FROM SELF- EMPLOYEMENT(Sch. C, E, F, or K 1) , , , , , , , , , , , , , , , , , , , $ ( ) $ ( ) 4. SUB TOTAL (Line 1 less lines 2 and 3) If less than zero, enter zero ............ ....... $ 59,505.00 $ 593.00 5. OTHERTAXABLE INCOME.. IDENTIFYSOURCE ( )$ $ 6. NET PROFIT FROM SELF- EM PLOYMENT (Sch. C, E, F, or K- 1) ,,,,,,,,,,,, ,,,,,,, $ $ 7. TOTAL EARN ED INCOME SUBJECTTO THIS TAX (Add lines 4,5, and 6) ...... ....... $ 59,505.00 $ 593.00 8. TAX(Line 7multipliedby%rate above) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,, $ 595.00 $ 6.00 9. TOTAL LOCAL WAGE TAX WITHHELD BYEMPLOYER/S(Per W-2/S) ,,,,,,, ,,,,,,, $ 595.00 $ 13.00 10. QUARTERLY PAYMENTS TAXPAYER SPOUSE 1st Quarter 2nd Quarter ............. 3rd Quarter 4th Quarter ............. $ $ 11. TOTAL CREDITS (Add 9and10),,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,$ 595.00 $ 13.00 12. IF LINE 8 IS GREATERTHAN LINE 11 ENTERTAX DUE $ $ 13. IFLINE11 IS GREATERTHAN LINE 8 ENTER REFUND $ $ 7.00 LEGAL RESIDENCE FORTHIS TAX YEAR (IF CHANGED WITH- IN THE YEAR) No. months TAXPAYER SPOUSE I declare that this return, including accompanying schedules and statements, has been examined by me and is to the best of my knowledge and belief a true, correct and complete return. Taxpayer Signature Spouse Signature Make Checks Payable to: Prepared by: H AND R BLOCK EASTERN TAX Zip Code 17112-0000 Date 02/10/2001 Date Date Mail to: PA•I•oca1lw o a ?2092a PAaxerIaviAL• Inc. Form Sal yripht 7996- 2001 H8R Black Tcee, Inc. t Wit. , In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: GARRY A. SHEPARD Member ID Number: 7293100684 Please note: An correspondence must include the Member ID Number. MODIFIED ORDER OF ATTACEMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multip le Cases on Attachment PACSES Docket Plaintiff Name Case Number Number Attachment AmomdFreOuency DOROTHY L. SHEPARD _,Gg7F? 316103786 01-4094 CIVIL $ 276.00 MONTH / / TOTAL ATTACHMENT AMOUNT: $ 276.00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 63.69 per week, or 50.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, GARRY A. SHEPARD Social Security Number 085-48-5226 , Member ID Number 7293100684 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated NOVEMBER 11, 2001 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: MAR z U 2002 CScr? 9 t? p v - ?i D JUDGE Form EN-034 Service Type M Worker ID $IATT `.JV L J -? ?'J n'. - ? N t' C L3 r j Ill d -! W 3 , I Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DOROTHY L. SHEPARD, V. Attorneys for Plaintiff Plaintiff GARRY A. SHEPARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4094 CIVIL TERM PASCES NO. 316103786 CIVIL ACTION - LAW IN DIVORCE EXCEPTIONS TO THE SUPPORT MASTER'S REPORT AND RECOMMENDATION TO THE HONORABLE, THE JUDGES OF SAID COURT: The Plaintiff, Dorothy L. Shepard, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, takes the following exceptions to the Support Master's Report and Recommendations, and respectfully represents that: 1. The Support Master erred in his findings of fact and conclusions of law as follows: a. In paragraph 15 under the Findings of Fact, the Master stated that the Defendant has been actively seeking employment since his termination but has received no job offers. b. In the Discussion, the Master erred in including that the Defendant in this case demonstrated a genuine effort to regain employment. C. The Master further erred in his Conclusions of Law in not determining that this was an involuntary reduction in income for cause, and arriving at Defendant's earning capacity. 2. The Master erred in his Findings of Fact where he indicated that the Defendant has been actively seeking employment since his termination. In fact, the Defendant indicated that he had posted his resume online, but could not produce any other names or cover letters for any companies for whom he had posted or sent his resume. 3. The Defendant indicated that he has only been to three (3) interviews during a period of four (4) months. Furthermore, the Defendant is a Union member and has not elicited the assistance of the Union to help place him in another position. WHEREFORE, because the Support Master's Report and Recommendation is against the weight of law and evidence, it is respectfully requested that this Honorable Court grant Plaintiff's exceptions to the Support Master's Findings of Fact and Conclusions of Law as set forth above. Respectfully submitted, JOHNSON, DUFFIE, STEWART & Z?Z? By' - Mark C. Duffle U Attorney I.D. No. 759 6 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 156146 Attorneys for Plaintiff ,• I CERTIFICATE OF SERVICE AND NOW, this L- day of March 2002, the undersigned does hereby certify that he did this date serve a copy of the foregoing Exceptions upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Peter R. Henninger, Jr., Esquire PANNEBAKER & JONES, P.C. 4000 Vine Street Middletown, PA 17057 JOHNSON, DUFFIE, STEWART & WEIDNER By: r 119ark C. Duffle Attorney I.D. Ni ! N r -r ? _ . _ ) 1 ffl N .e y- M e co s t DOROTHY L. SHEPARD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GARRY A. SHEPARD : NO. 2001-4094 CIVIL TERM PASCES # 316103786 ORDER OF COURT AND NOW, this 10TH day of APRIL, 2002, pursuant to Cumberland County Rule of Court 1910.10, IT IS ORDERED: (I.) The notes of testimony shall be transcribed and paid for, at this time, by the Plaintiff. (2.) Plaintiff shall file a brief, in these chambers, in support of her exceptions to the Support Master's interim order of court, not later than fifteen (15) days from this date. (3.) Defendant shall file, in these chambers, a reply brief not later than thirty (30) days from this date. (4.) Argument on this matter is scheduled before the undersigned Judge on MONDAY, MAY 20, 2002, at 8:30 a.m. By the C Edward E. Guido, J. Mark C. Duffie, Esquire Peter R. Henninger, Esquire -1d dA :sld L)DP'E S S. D r VIN`JAIA8NN rid uncn n`,!4r;?7imno U :6R 1IMV Z0 311 A0 MAR 2 8 ?001 1 DOROTHY L. SHEPARD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-4094 CIVIL TERM V. PASCES NO. 316103786 GARRY A. SHEPARD, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this _ day of 2002, upon consideration of the attached Motion for an Order directing the transcription of the Support Master's hearing, it is hereby ordered and decreed that the notes of testimony be transcribed from the Support Master's hhea'r?ing before Michael R. Rundle, Support Master, on March 12, 2002 `r-? U BY THE COURT: J. Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DOROTHY L. SHEPARD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-4094 CIVIL TERM V. PASCES NO. 316103786 GARRY A. SHEPARD, CIVIL ACTION - LAW Defendant IN DIVORCE MOTION TO REQUEST ORDER DIRECTING TRANSCRIPTION OF SUPPORT MASTER'S HEARING AND NOW, this -27't? day of March 2002, comes Plaintiff, DOROTHY L. SHEPARD, by and through her undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Motion requesting an Order directing the transcription of the Support Master's hearing, and in support thereof avers as follows: 1. The Plaintiff filed a Complaint in Divorce on or about July 23, 2001, including a claim for Alimony Pendente Lite. 2. On August 31, 2001, an Order was entered awarding the Plaintiff alimony pendente lite effective July 23, 2001. 3. On November 8, 2001, the Defendant filed a Petition for modification of the APL obligation. 4. An Order was entered January 11, 2002, following a support conference. 5. An appeal was filed promptly thereto and the Support Master's hearing occurred on March 12, 2002, before Michael R. Rundle, Support Master. 6. Michael R. Rundle, Support Master, on March 18, 2002, prepared a Support Master's Report and Recommendation, which was incorporated into an Interim Order of Court by the same date and by the Honorable Edward E. Guido. 7. By Cumberland County Local Rule 1910.12(c), it is the responsibility of the party first filing exceptions to obtain an Order directing the notes of testimony be transcribed. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing the transcription of the testimony from the above-captioned case for the Support Master's hearing of March 12, 2002. Respectfully submitted, JOHNSON, DUFFIE, STEWART $(WEIPNER By: :156133 Mork C. Duffie Attorney I.D. No. 06 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiff f7 C? N -4 ???? 7 , ?` > ? ? ?_ P ? f `.? , N -C ?? ?? r Johnson Duffle tewart & Weidner By: Mark ffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DOROTHY L. SHEPARD, V. Plaintiff GARRY A. SHEPARD, Defendant NO. 01-4094 CIVIL TERM PASCES NO. 316103786 CIVIL ACTION - LAW IN DIVORCE BRIEF IN SUPPORT OF PLAINTIFF'S EXCEPTIONS TO SUPPORT MASTER'S REPORT AND RECOMMENDATION AND NOW, this 251h day of April 2002, comes Plaintiff Dorothy L. Shepard, by and through her undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Brief in Support of her Exceptions to Support Master's Report and Recommendation, and in support thereof sets forth the following: 1. PROCEDURAL HISTORY Plaintiff filed a Complaint in Divorce on or about January 23, 2001, and therein included a claim for alimony pendente lite. On August 31, 2001, an Order was entered awarding the Plaintiff alimony pendente lite in the amount of $982.00 per month, effective July 23, 2001. On November 8, 2001, the Defendant filed a Petition for Modification of his alimony pendente lite obligation alleging a decrease in income. The parties attended a support conference on January 11, 2002, and an award was entered awarding Plaintiff the amount of $268.00 per month for alimony pendente lite. An appropriate appeal thereto was taken by Plaintiffs counsel by demand dated January 14, 2002. On March 12, 2002, a hearing before the Support Master occurred to fi?r,, APR 2 5 2002, Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA which an Interim Order of Court, dated March 18, 2002, was entered requiring Defendant to pay alimony pendente lite to Plaintiff in the amount of $276.00 per month effective November 8, 2001. It. STATEMENT OF THE FACTS The Plaintiff is Dorothy L. Shepard, who currently resides at 233 Highlander Road, Glen Burnie, Maryland 21061. The Defendant is Garry A. Shepard, who currently resides at 1701 Cedar Cliff Drive, Camp Hill, Pennsylvania 17011. The parties are husband and wife, having been married on July 23, 1994. The parties separated on or about June 20, 2001. At the time the initial APL Order was entered on August 31, 2001, the Defendant was employed as an operation superintendent for Onyx Industrial Services, a company that specializes in industrial maintenance. The Defendant's place of employment was the Pennsylvania Steel Technology Plant in Steelton, Pennsylvania. On or about November 6, 2001, the Defendant was terminated from his employment for violation of a company policy. An employee under the direct supervision of the Defendant had in fact violated a policy or rule and the Defendant was terminated for this conduct. The Defendant was, in fact, terminated due to his misconduct and for cause. The Defendant applied for and is receiving unemployment compensation benefits. He began receiving those benefits at $430.00 per week in November 2001. The Defendant's employer did not contest an award of unemployment compensation benefits to the Defendant, and therefore there was never a factual finding as to whether or not the Defendant is actually entitled to unemployment compensation under the Pennsylvania Unemployment Compensation Act. The Defendant also testified that he has been "actively" seeking employment since his firing from Onyx Industrial Services. He has, to date, received no job offers. The Defendant's testimony was that from November 6, 2001, through the date of the hearing on March 12, 2002, he had approximately three (3) job interviews. The Defendant indicated that he posted his resume on the Internet and mailed a resume to a handful of prospective employers, but only had approximately three (3) interviews. Therefore, over a 4'/z month period, Defendant's alleged widespread distribution of resumes and cover letters has only yielded three (3) interviews. The Defendant is not actively seeking comparable employment. The Defendant is a highly trained and highly skilled professional who should have no difficulty in becoming gainfully employed in a comparable position. The Defendant has never suffered any other periods of unemployment, even between jobs. The Defendant has never had any difficulty locating a job until this current spell of unemployment. The Plaintiff was earning $7.00 per hour during a forty (40) hour week at the Texaco Food Market. Since the date of separation and Plaintiffs relocation to Maryland, Plaintiff has had odd jobs including working at a horse farm and driving an airport shuttle. She also secured a part-time office management position. These positions paid $6.00 per hour and $6.50 per hour respectively with certain expenses associated with the airport shuttle position. The part-time office management position was for a company that went out of business, at which she was paid $8.00 per hour. An earning capacity of $7.00 per hour is certainly fair for the Plaintiff, based upon a forty (40) hour week. To date, the Plaintiff has not had the opportunity to review a transcript in this matter and therefore the facts that are being utilized in preparing this Brief are those set forth in the Findings of Fact from the Support Master's office and those contained in counsel's notes from the hearing. III. QUESTIONS PRESENTED Issue: Is the Defendant entitled to a reduction in income/earning capacity due to his firing from his position with Onyx Industrial Services for misconduct, in light of Pa.R.C.P. No. 1910.16-2(d)(1) and 1910.16-2(d)(2)? Suggested answer: No. IV. ARGUMENT Ordinarily, when a party willfully fails to obtain adequate employment, that party will be considered to have an income equal to that party's earning capacity. Pa.R.C.P. 1910.16-2(d)(4). In fact, "age, education, training, health , work experience, earnings history, and child care responsibilities are factors which shall be considered in determining earning capacity." Pa.R.C.P. 1910.16-2(d)4). In this case, the Defendant, Garry A. Shepard, has an impressive work resume. He is a highly skilled machine operator and manager with a background in the military as the same. He is in good health and has a solid educational background. There is nothing with regard to his age or work experience which might impair him or inhibit him from continuing to advance in his field and flourish with other companies. The Defendant's income potential is at least that of what he was making with Onyx Industrial Services, and even beyond that level. The real crux of the issue in this case is the circumstances surrounding the Defendant's termination from Onyx Industrial Services. The Defendant testified that he had been fired for a substandard performance, specifically, for failing to supervise properly a subordinate which resulted in a violation of company policy and his subsequent termination. The issue then becomes whether this can be considered an involuntary reduction of income or a voluntary reduction of income. An involuntary reduction of income is defined and treated under the rules as follows: No adjustments in support payments will be made for normal fluctuations in earnings. However, appropriate adjustments will be made for substantial continuing involuntary decreases in income. Pa.R.C.P. 1910.16-2(d)(2) (emphasis added). A voluntary reduction in income is defined and treated under the rules as follows: Where a party voluntarily assumes a lower paying job, there generally will be no effect on support obligation. A party will ordinarily not be relieved of a support obligation by voluntarily quitting work or by being fired for cause. Pa.R.C.P. 1910.16-2(d)(1) (emphasis added). In a case which was before this Court and the Honorable Edgar G. Bayley, the Court indicated that "where a parry lost her job as a result of willful conduct that resulted in her being fired, the other party is not responsible for making up the difference between her new pay level and the former one." Taylor v. Taylor, 48 Cumb. 137 (1999). In that case, Wife and Husband were married on September 10, 1988, separated on November 24, 1997, and on September 22, 1998, Wife filed a complaint against Husband for spousal support. Husband was a lab technician. Wife was a full-time receptionist, a temporary job earning $7.50 per hour for a thirty-five (35) hour week, or a net weekly income of $225.00. Wife formerly worked as a bank teller and a property manager and also worked a temporary position with the United States Post Office. Eventually, she obtained full-time work with the Pennsylvania Motor Federation at $7.00 per hour, and worked her way up to $11. 30 per hour for a forty (40) hour week. She worked there for five (5) years until she was fired on May 24, 1998, for "a conflict of interest." She assisted a friend in starting a business which competed with the Pennsylvania Motor Federation. Wife testified that she would not have done so if she had realized she could be fired. Wife sought other similar employment but started with a temp agency at $7.00 per hour for a forty (40) hour week. The issue on appeal before Judge Bayley was whether spousal support should be calculated on the income Wife was earning at the Pennsylvania Motor Federation prior to being fired, rather than what she was currently making. Judge Bayley relied on the decision in Klahold v. Kroh, 437 Pa. Super. 150 (1994). In Klahold, the father was working for Super Rite Foods at $11.72 per hour until he was terminated. After he was terminated and before the support case was litigated, he was unable to obtain a job earning more than $5.25 per hour. The majority opinion in that case reviewed the language of Pa.R.C.P. 1910.16-5(c), which at the time provided the following: (1) Voluntary Reduction of Income. Where a party voluntarily assumes a lower paying job, there generally will be no recomputation of the support payment. A party ordinarily will not be relieved of a support obligation by voluntarily quitting work or by being fired for misconduct. Pa.R.C.P. 1910.16-5(c) (emphasis added). The language set forth supra in Pa.R.C.P. 1910.16-2(d)(1) and (2) is the current language and Rule with regard to voluntary and involuntary reductions in income. The differences between the statute analyzed by Judge Bayley and the Klahoid Court, and what is before the Court in this case, deals with those bold-faced words set forth above. The word "recomputation" has been removed. I The Klahold decision indicated that the word "recomputation" would indicate that the Rule only applies to cases where there is already an initial court order in place and a party is seeking a modification of that order. Judge Del Sole in his concurring and dissenting opinion refused to differentiate between the two situations where there is an existing order seeking modification, or whether it is an initial order. In light of Judge Del Sole's position, the Rule has in fact been changed and the note to that Rule now indicates as follows: Note: This provision applies to the establishment as well as to the modification of a support obligation. To the extent that Klahold v. Kroh, 437 Pa. Super. 150, 649 A.2d 701 (1994), implies otherwise, it is overruled. Pa.R.C.P. 1910.16-2(d)(1), Note thereto. Therefore, the only issue that remains is whether or not the facts set forth in this case support a firing "for cause" or a "substantial continuing involuntary decrease in income." The Rule with regard to voluntary reduction of income was changed substituting the word "cause" for "misconduct." There is no case law to provide any explanation as to why this was changed. It seems evident that by utilizing the term "cause," the Rule has broadened in scope. In Taylor, Judge Bayley adopts Judge Del Sole's opinion and indicates that Wife should be held to her higher earning capacity due to the fact that "the event that triggered this case is the reduction of her income due to her own fault." Judge Bayley continues by stating that "while wife has, to her credit, attempted to mitigate her loss by attaining other full-time employment, albeit at less than her earning capacity, her husband should not have to make up the difference in support merely because she was fired before she instituted this support action." Taylor v. Taylor, 48 Cumb. 137, 140. The Defendant in this case would have you believe that this is a matter pertaining to an "involuntary reduction in income." The plain reading of that Rule clearly does not contemplate one being fired from one's employment. In fact, the two Rules pertaining to voluntary and involuntary reduction of income are mutually exclusive. The Rule pertaining to voluntary reduction in income clearly sets forth that there is no relief in the support obligation "by being fired for cause." An involuntary reduction of income would be a layoff from employment, not one being terminated for misconduct or for cause. V. CONCLUSION In light of Judge Bayley°s decision in Taylor v. Taylor, and the plain reading of the Rules of Civil Procedure pertaining to voluntary reduction of income and involuntary reduction of income, the Defendant should not be entitled to a reduction in his prior earning capacity which has been long-established. The Defendant is young, educated, highly trained and healthy, with an abundance of work experience and an earnings history which should provide a calculation set at the income potential or earning capacity. Respectfully submitted, JOHNSON, DUFFIE, STEWART By: - "ark' , _. C. Duffie Attorney I.D. No. 75906 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 :157598 Attorneys for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 25' day of April 2002, the undersigned does hereby certify that he did this date serve a copy of the foregoing Brief upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Peter R. Henninger, Jr., Esquire PANNEBAKER & JONES, P.C. 4000 Vine Street Middletown, PA 17057 JOHNSON, DUFFIE, STEWART By: - C M rk C. Duff Attorney I.D. DOROTHY L. SHEPARD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GARRY A. SHEPARD : NO. 2001-4094 CIVIL TERM ORDER OF COURT AND NOW, this 21sT day of MAY, 2002, after review of the parties briefs and after hearing argument thereon the Master's Findings of Fact and Recommendations are affirmed and Plaintiff's exceptions thereto are dismissed. Our order of March 18, 2002, shall remain in full force and effect. Edward E. Guido, J. ,{ark C. Duffle, Esquire /Peter R. Henninger, Esquire C 5-aa-o ?5 :sld CIS co wd OE E )z "W <'p fV?i;l iP Ngd ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 0)jeS 'S Co./City/Dist. of CUMBERLAND ?? O!7? 9 ,7 n( Date of Order/Notice 05/21/02 rj Court/Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number AYCOCK INC Employer/Withholder's Name 8261 OLD DERRY ST Employer/Withholder's Address HUMMELSTOWN PA 17036-9308 xQ Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: SHEPARD, GARRY A. Employee/Obligor's Name (Last, First, MI) > 085-48-5226 Employee/Obligor's Social Security Number 7293100684 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 276. o0 per month in current support $ o . 00 per month in past-due support Arrears 12 weeks or greater? Oyes Q no $ 0. 00 per month in medical support $ 0 00 per month for genetic test costs $ per month in other (specify) for a total of $ 276.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 63.69 per weekly pay period. $ 127.38 per biweekly pay period (every two weeks). $ 138. oo per semimonthly pay period (twice a month). $ 276. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following.information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: MAY 2 2 2002 Service Type M IRAM ' '-' i©a- Form EN-028 OMB No, 0970-0154 Expiration Dale: 12/31100 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* You must comply with the law of the paydate/date state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders /Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2323083920 - - EMPLOYEE'S/OBLIGOR'S NAME: SHEPARD GARRY A. EMPLOYEE'S CASE IDENTIFIER: 7293100684 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAMUADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b) 1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. * NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to fol low the law of the state that issued this order with respect to these items. Requesting Agency: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet Service Type M Page 2 of 2 OMB No.: 0970-0154 Expiration Date: 12/31/00 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SHEPARD, GARRY A. PACSES Case Number 316103786/.3097 d PACKS Case Number Plaintiff Name Plaintiff Name DOROTHY L. SHEPARD Docket Attachment Amount Docket Attachment Amount 01-4094 CIVIL$ 276.00 $ 0.00 - Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren's Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. _ n??f A co W K _ CA -G 4 Fl J6 '?kX?i?'R*R 6 ._ c ?TifMl9C{p?. ATaaxfi . _ - ? . - e er'n +?.. . a.. ,'«]h a ".'Ftii shtilF.l?nn f? ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT ZOO/ -yo9/ State Commonwealth of Pennsylvania ?037 Co./City/Dist. of CUMBERLAND Date of Order/Notice 08/09/02 ,? dam/ 7 8 Court/Case Number (See Addendum for case summary) Employer/Withholder's Federal FIN Number SEIFERT LTD Employer/Withholder's Name 145 SALEM CHURCH RD Employer/Withholder's Address MECHANICSBURG PA 17050-2813 ) RE: SHEPARD, GARRY A. O Original Order/Notice O Amended Order/Notice O Terminate Order/NOtice Employee/Obligor's Name (Last, First, MI) 085-48-5226 Employee/Obligor's Social Security Number 7293100684 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 276. oo per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? (Dyes Q no $ 0.00 per month in medical support $ o;oo per month for genetic test costs $ per month in other (specify) for a total of $ 276 , 00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order, If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 63.69 per weekly pay period. $ 127.38 per biweekly pay period (every two weeks). $ 138. 00 per semimonthly pay period (twice a month). $ 276.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2). If remitting by EFT/ED], please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BYMAIL BY THE COURT: Date of Order: AUG 12, 2002 1W AM I 1.71L ? Fi?cc>>?zd ? CvU/ 4Ud(c? Form EN-028 Service Type M _ /a o-O aNO.:o91o-o,sn Worker ID $IATT F p' Lion Da[e.12/31/00 ,.um'- ., - i .1 4I i o '? ? ,.r -T .+'EPS1yN`tWR.p§?. Y?MM+YMt5 $§er;i??=. ? '^-=r t.-?:? ?YxSf"hxrM'?'te'{??93?, L;ti?#??IX?S3?n'Fis'sM1'?N ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligorwith Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2517126000 EMPLOYEE'S/OBLIGOR'S NAME: SHEPARD, GARRY A. EMPLOYEE'S CASE IDENTIFIER: 7293100684 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. " 8. Antidiscrimination: You are subjectto a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. - - - 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) theamounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal; local taxes; Social Security taxes; and Medicare taxes. 10. *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet Page 2 of 2 OMB No.: 0970-0154 Expiration Date: 12/31/00 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SHEPARD, CARRY A. - - PACSES Case Number 316103766r%670, PACSES Case Number Plaintiff Name Plaintiff Name DOROTHY L. SHEPARD Docket Attachment Amount Docket Attachment Amount 01-4094 CIVIL$ 276-.00 - - - - - $ - - 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB you are required to enroll the child(ren) ? If dl ? identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's.employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB _ .....,,.._ ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Service Type M OMB NO.: 097-0154 Worker ID $IATT Expiration Date: 12/31/00 - - - a Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DOROTHY L, SHEPARD, V. Plaintiff GARRY A. SHEPARD, Defendant NO. 01-4094 CIVIL TERM FASCES NO. 316103786 CIVIL ACTION - LAW IN DIVORCE PETITION TO MODIFY SUPPORT ORDER TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this l1 "day of October 2002, comes the Plaintiff, Dorothy L. Shepard, by and through her undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Petition to Modify Alimony Pendente Lite, and respectfully represents the following: The Plaintiff is Dorothy L. Shepard, an adult individual residing at 7887 Tick Neck Road, Pasadena, Maryland. 2. The Defendant is Garry L. Shepard, an adult individual residing at 1701 Cedar Cliff Drive, Camp Hill, Pennsylvania. 3. On January 11, 2002, an Order of Court was entered following an APL conference, establishing the obligation of Defendant, Garry A. Shepard, to pay to Plaintiff the amount of $268.67 per month. 4. On March 12, 2002, a Support Master's Report and Recommendation was made, establishing Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA an obligation of $276.00 per month, effective. November 8, 2001. 5. On May 21, 2002, after reviewing Plaintiffs Exceptions to the Master's Findings of Fact and Recommendation, the Honorable Edward E. Guido, by Order dated May 21, 2002, affirmed the Master's Findings of Fact and Recommendations and dismissed the Plaintiffs Exceptions. 6. Now, the Plaintiff, Dorothy L. Shepard, is requesting that the Order for Alimony Pendente Lite be modified to reflect a change in occupation of Defendant, Garry A. Shepard. The prior Orders were based upon the Defendant's receipt of unemployment compensation, upon which his net income was based. He has since secured employment and failed to notify the Office of Domestic Relations in Cumberland County, therefore providing a basis for an increase. WHEREFORE, Plaintiff, Dorothy L. Shepard, respectfully requests this Honorable Court increase the Order for alimony pendente lite to accurately reflect an increase in the earnings of Defendant, Garry A. Shepard. Respectfully submitted, JOHNSON, DUFFIE, STEWART & By: 164062 Mafk C. Duffie Attorney I.D. No. 75906 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiff R VERIFICATION I, Mark C. Duffie, attorney for Plaintiff Dorothy L. Shepard, state that I am authorized to make this Verification on her behalf, and that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. JOHNSON, DUFFIE, STEWART Dated: 19 1716't- By: C Mark C. Duffie Attorney I.D. No. CERTIFICATE OF SERVICE AND NOW, this it day of October 2002, the undersigned does hereby certify that he did this date serve a copy of the foregoing Petition upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Peter R. Henninger, Jr., Esquire PANNEBAKER & JONES, P.C. 4000 Vine Street Middletown, PA 17057 JOHNSON, DUFFIE, STEWART & By: Attorney I.D. No. ? ca o C ?My} ?? C ? J ? ??:?? ti .3 ._.'7 c,_: ` c? i T 't-CJ N - . i ;.-?? C_ =; 7 ? ??5 '-t ?? C`a In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Defendant Name: GARRY A. SHEPARD Member ID Number: 7293100684 Please note: AD correspondence must include the Member ID Number. ORDER OF ATTACTMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Mnancial Break Down of Multiple Cases on Attachment Plaintiff Name DOROTHY L. SHEPARD PACSFS Docket Case Number Number 36)97k 316103786 01-4094 CIVIL Attachment Amouni/Freguency TOTAL ATTACHMENT AMOUNT: $$$ 276.00 MONTH S / 276.00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 63.69 per week, or 5 0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, GARRY A. SHEPARD Social Security Number 085-48-5226 , Member ID Number 7293100684 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated NOVEMBER 24, 2002 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT DEC 3 2002 Date of Order: Form EN-530 Service Type M Worker ID. $IATT ??iG C') CD r ' ? f"J rt S i7 -] tin z r- ?- c f ,. J G17 sC v (U _2:Lm eoee& / PANNBBAIK R AND el<®1®BS. P. C. FOUR THOUSAND VINE STREET MIDDLETOWN, PENNSYLVANIA 17057-3596 TELEPHONE E-MAIL ADDRESS TELECOPIER 717-944-1333 pjpc®pamebaker•jones.com 717-944-4004 June 6, 2003 E. Robert Elicker, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Shepard v. Shepard No. 01-494 Civil Term Civil Action-Law in Divorce Dear Mr. Elicker: Enclosed please find Defendant's Pre-Trial Statement. Sine "ger, eter R. Cc: Mark C. Duffle, Esquire, w/enclosure Garry A. Shepard, w/enclosure :sls SHEPARD #17080 LT60603 PETER R. HENNMCER, JR. DONALD L JONES LAMES R PANNEBARF.R CIVIL LITIGATION PERSONAL INJURY WRONGFUL DEATH AUTOMOBILE ACCIDENTS ESTATE PLANNING ESTATE SETTLEMENT BUSINESS LAW CORPORATE LAW FAMILY LAW REAL ESTATE MUNICIPAL LAW LAND USE INSURANCE LAW ENVIRONMENTAL LAW VISIT OUR WEB SITE AT: www.pannebaker-jones.com PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) CANADA FORGINGS INC., Plaintiff, (Plaintiff) VS. CALABRESE & SONS, INC., Defendant (Defendant) NO- 01 -4069 Civil Action X19X 2001 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary objections. 2. Identify counsel who will argue case: (a) for plaintiff: Andrew J. Giorgione, Esq. Address: 204 State Street Harrisburg, PA 17101 (b) for defendant: Address: John F. Yaninek, Esq. 3401 North Front. Street Harrisburg:PA 17110 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Dated: January 2, 2002 g N a --a al 3 c? c- z z?- ?c z rv 2'O c:3 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DOROTHY L. SHEPARD, Plaintiff DOCKET NO. 01-4094 Civil Term V. CIVIL ACTION - LAW GARRY A. SHEPARD, IN DIVORCE Defendant PRETRIAL STATEMENT PURSUANT TO Pa.R.C.P. 1920.33 1. BACKGROUND A. Marriage -July 23, 1994 Separation - June 20, 2001 B. Children - The parties have no children of this marriage. C. Complaint: (i) Filed by WIFE on July 23, 2001, docketed to No. 01-4094 Civil Term - In Divorce. (ii) Contested claims - Equitable Distribution and Alimony. (iii) Divorce - It is expected that both parties will agree to a consensual divorce pursuant to §3301(c) of the Divorce Code and file Affidavits of Consent and Waivers of Notice after economic matters have been resolved. II. MARITAL ASSETS Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA The marital assets are listed in the Plaintiff's Inventory and Appraisement, filed concurrently herewith. The exhibits attached hereto demonstrate the value of the assets to be distributed. They are as follows: A. Real property known and numbered as 1701 Cedar Cliff Drive, Camp Hill, Pennsylvania 17011. This property was acquired jointly by the parties on March 9, 1999. At that time, the parties paid $104,900.00 for the property. There have been no recent appraisals done with respect to the property. The current county assessed value for the land and improvements is $132,340.00. Plaintiff, in connection with the purchase of the property, paid $24,000.00 of her money. Plaintiff's contribution was a result of the proceeds from a settlement of a Worker's Compensation shoulder injury. The Defendant contributed approximately $4,000.00. The loan payoff on the obligation to Chase Manhattan Mortgage is believed to be less than $78,000.00 and, therefore, the property is comprised of $25,000-$50,000.00 in divisible marital equity exclusive of realtor's fees, transfer taxes and other associated closing costs. The parties will have a joint appraisal conducted to determine the fair-market value of the property. The initial mortgage on the property was approximately $82,000.00. B. The IDEX IRA Account No. 99584101 with a balance of $19,947.29 as of the date of separation. The approximate value as of the date of marriage was $3,500.00, but this is only an estimated value provided by IDEX Mutual Funds by correspondence dated October 1, 2001. Regardless, the increase in value is marital property. C. The ONYX Industrial Corporation 401(k) Plan as of the date of separation had a value of $6,582.16. The value as of the date of marriage was zero. D. As of the date of separation, the Defendant had in his name a Tower Federal Credit Union savings account (no. 200445-00) with a value of $71.87. Defendant had a Tower Federal Credit Union checking account (no. 200445-02) with a value of $418.50. Defendant had a Tower Federal Credit Union U-Name-It Club account (no. 200445-13) with a balance in the amount of $44.97. E. As of the date of separation, the Defendant, in his name only, had a Mellon Bank checking account (no. 100-016-0430) with a balance in the amount of $1,377.73. As of the date of separation, he also had three (3) Mellon Bank savings accounts in his name only with balances totaling $99.63. III. NON-MARITAL ASSETS A. Those assets identified in Section VIII as given to Plaintiff by her family either prior to or during marriage, as well as other personal property in Plaintiff's and Defendant's possession. IV. MARITAL DEBTS Marital debts identified in Plaintiff's Statement of Inventory and Appraisement, filed concurrently herewith, include the following: A. Mortgage and Note in joint names with Chase Manhattan Mortgage, dated on or about March 9, 1999. The current obligation is believed to be less than $78,000.00. Documented balance will be supplemented with the forthcoming Exhibits. V. WITNESSES A. Expert Witnesses. 1. Plaintiff reserves the right to call an evaluating actuary from Pension Appraisers, Inc., to testify as to the value of the Defendant's pension. 2. If necessary, Plaintiff intends to call a certified professional appraiser from Appraisal Solutions, Inc., or another agreed-upon appraiser, to testify with respect to the value of the real property. B. Fact Witnesses. 1. HUSBAND 2. WIFE Plaintiff reserves the right to call additional witnesses for rebuttal if necessary, based upon the testimony offered at hearing. Plaintiff reserves the right to supplement this witness list prior to trial upon proper notice to the hearing master and opposing counsel. VI. EXHIBITS Will be supplemented once Plaintiff receives a copy of the Chase Manhattan Mortgage payoff and the current balances in the ONYX 401(k) and IDEX IRA accounts. VII. DEFENDANT'S INCOME The Defendant's gross income from ONYX Industrial Services for tax year 2000 was $62,636.04. The Plaintiff, for that same tax year, earned $1,134.00. The Defendant, through May 6, 2001, earned a year-to-date gross income in the amount of $26,321.00. Had he continued to earn at that rate through the end of tax year 2001, he would have earned $76,247.34. Defendant worked for nine (9) years at Bethlehem Steel and/or ONYX Industrial Services, and made $3,529.17 per month net income, as calculated by Rickie J. Shadday in her Summary of Trier of Fact dated August 30, 2001. Conference Officer Shadday also found that the Plaintiff had an earning capacity of $1,074.41 per month net, based upon her employment history. On November 8, 2001, Defendant filed a Petition for Modification to reduce the support obligation of $982.00 per month by Order of Court dated August 31, 2001. That obligation was reduced to the amount of $268.67 based upon Unemployment Compensation. The Defendant was terminated from his employment on November 6, 2001. Since that time, he has been unemployed. It is the Plaintiffs position that the Defendant should be held to his prior earning capacity, since he has failed to find a job in over eighteen (18) months. VIII. PERSONAL PROPERTY Personal property from the marital home has been divided for the most part by the parties in a fashion satisfactory to each of them, save the following items which WIFE would ask HUSBAND to return to her: WIFE's oriental picture given to her by her mother; bread maker belonging to WIFE's mother; 15-speed mountain bike; coffee cup collection comprised of 15-20 cups; remote controls for the stereo; oriental rice drawing given to WIFE by her father; Christmas ornaments given to WIFE by her family; two (2) ceramic elephant statutes; black leather couch OR the recliner. HUSBAND is in possession of a 1995 Chevrolet pick-up truck, which is worth approximately $6,200.00 as valued by the NADA Blue Book. This is assuming that there is 100,000 miles on the vehicle and that the vehicle has 4-wheel drive. IX. PROPOSED RESOLUTION A. Alimony. Plaintiff proposes an indefinite alimony payment from HUSBAND to WIFE in the amount of $982.00 per month. The amount would be modifiable based upon a substantial involuntary decrease in the earning capacity of either party or upon Defendant's obtaining employment, at which time the obligation would be adjusted accordingly. It would terminate upon the death of either party or Plaintiff's remarriage or cohabitation. B. Equitable Distribution. The Plaintiff would propose a 60%-40% distribution in her favor in recognition of the significant gap between the earning capacities of the parties. Plaintiff proposes that the equitable distribution plan provide for the Defendant to keep his ONYX 401(k) Plan and that she receive her distributive portion from the Defendant's IDEX IRA and the equity in the marital home. The distribution of her appropriate portion of those assets should offset any other distribution of value which should be equitably done in light of the assets as identified herein. Should the Defendant be unable to refinance the property to distribute to Plaintiff her share of the equity in the home, Plaintiff proposes that she be given the option to own the property and refinance the same or that the property be listed for sale with a licensed realtor and that the proceeds be divided accordingly upon the sale. JOHNSON, DUFFIE, STEWART & WEIDNER Date: gAle 3 :214326 By: P71 - ark C. Duffie VERIFICATION I, Mark C. Duffie, attorney for Plaintiff Dorothy L. Shepard, state that I am authorized to make this Verification on her behalf, and that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: (6 3 JOHNSON, DUFFIE, STEWART & WEIDNER By: Mark C. Duffie Attorney I.D. No. 75906 I CERTIFICATE OF SERVICE AND NOW, this day of June 2003, the undersigned does hereby certify that a copy of the foregoing document was served upon the other parties of record in the following manner: By Facsimile and First Class U.S. Mail to: Peter R. Henninger, Jr., Esquire PANNEBAKER & JONES, P.C. 4000 Vine Street Middletown, PA 17057 (717) 944-4004 JOHNSON, DUFFIE, STEWART & WEIDNER By: _ ;? Mark C. Duffie Attorney I.D. No. 906 DOROTHY L. SHEPARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION GARRYA. SHEPARD, PACSES NO. 316103786 Defendant jg&L201 09 C L INTERIM ORDER OF COURT AND NOW, this 18th day of March, 2002, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Defendant shall pay alimony pendente lite to the Plaintiff in the amount of $276.00 per month effective November 8, 2001. B. Except as modified herein, the order of January 11, 2002, shall remain in full force and effect. C. The Defendant is ordered and directed to report any change of his employment status to the Domestic Relations Section within 72 hours of said change. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. CC: Dorothy L. Shepard Garry L. Shepard Mark C. Duff ie, Esquire Peter R. Henninger, Jr., DRO Esquire { Ct DOROTHY L. SHEPARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION GARRYA. SHEPARD, PACKS NO. 316103786 Defendant NO. 014094 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on March 12, 2002, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Dorothy L. Shepard, who resides at 7887 Tickneck Road, Pasadena, Maryland. 2. The Defendant is Garry A. Shepard, who resides at 1701 Cedar Cliff Drive, Camp Hill, Pennsylvania. 3. The parties are husband and wife having married on July 23, 1994. 4. The parties separated on June 20, 2001, when the Plaintiff left the marital residence. 5. The Plaintiff filed for divorce on or about July 23, 2001, and included a claim for alimony pendente lite. 6. On August 31, 2001, an order was entered awarding the Plaintiff alimony pendente lite in the amount of $982.00 per month effective July 23, 2001. 7. At the time of the entry of said order the Plaintiffs net monthly income/earning capacity was determined to be $1,074.00. The Defendant's net monthly income/earning capacity was determined to be $3,529.00. 8. On November 8, 2001, the Defendant filed a Petition for Modification of his APL obligation alleging therein a decrease in his income. 9. At the time the order of APL was entered, the Defendant was employed as an operations superintendent for Onyx Industrial Services, a company that specializes in industrial maintenance. Exhibit "A" 10. The Defendant's place of employment was at the Pennsylvania Steel Technology Plant in Steelton, Pennsylvania. 11. On or about November 6, 2001, the Defendant was involuntarily terminated from his employment. 12. An employee of the company under the direct supervision of the Defendant had violated a company policy as a result of which the company terminated the Defendant's employment. 13. The Defendant applied for and received unemployment compensation benefits. He has received $430.00 per week since November, 2001. 14. The Defendant's employer did not contest the award of unemployment compensation benefits to the Defendant. 15. The Defendant has been actively seeking employment since his termination but has 'received no job offers. 16. Prior to August, 2001, the Plaintiff was a supervisor at a Texaco Food Market earning $8.25 per hour for a 40-hour week. 17. In August, 2001, the Plaintiff move to Maryland to get away from her husband. 18. At the time of the entry of the APL order the Plaintiff was assessed an earning capacity of $280.00 gross per week. 19. The Plaintiff currently has two part-time jobs. She works approximately 20 hours per week at a horse training barn where she is paid $6.00 per hour in cash. She also works approximately 15 hours per week as an airport shuttle driver where she is paid $6.50 per hour. 20. The Plaintiff had secured a part-time office manager position in Maryland for which she was paid $8.00 per hour, but the company went out of business. 21. Both parties will file tax returns as married/separate. DISCUSSION The party seeking to modify a support order has the burden of demonstrating a material and substantial change of circumstance as would justify the modification. Grimes v. Grimes, 596 A.2d. 240 (Pa. Super. 1991). The Defendant has alleged that his involuntary termination of employment constitutes such a change of circumstances. Rule 1910.16-2(d)(2) states as follows: (2) Involuntary Reduction of Income. No adjustment in support payments will be made for normal fluctuations in earnings. However, appropriate adjustments will be made for substantial, continuing, involuntary decreases in income. While discharge from employment has been held not to constitute a diminished earning capacity where an obligor does not make a good faith effort to seek alternative employment, Gerstenfeld v. Sautner, 18 Phila. 494, affirmed 565 A.2d. 824 (Pa. Super. 1989), the defendant in this case has demonstrated a genuine effort to regain employment. His testimony that he has submitted at least 50 resumes both online and by mail is credible. Although he has had only three job interviews to date, it is not from lack of trying. The Defendant has met his burden of demonstrating a material and substantial change of circumstances since the entry of the original APL order. His earning capacity will temporarily be set at his unemployment compensation income of $430.00 per week. At the time of the original conference on the Plaintiff's claim for APL on August 31, 2001, she had already terminated her position with the Texaco Food Market. She was assessed an earning capacity of $7.00 per hour for a 40-hour week. This equates to a gross weekly pay of $280.00. The Plaintiff has yet to earn that amount since moving to Maryland. However, there is nothing in the record that would justify lowering that earning capacity. Exhibit A shows the tax deductions for each party based upon the Defendant's gross weekly income of $430.00 and the Plaintiff's gross weekly income of $280.00. However, because the Defendant's income is unemployment compensation benefits, it is only subject to federal income tax. Consequently the only deductions from the Defendant's gross income to reach his net income will be the standard deduction, the personal exemption, and the federal tax, leaving him with a net monthly income of $1,695.00. The Plaintiffs net monthly income based upon her $280.00 per week gross earning capacity is $1,004.00. Deducting that figure from the Defendant's net, and multiplying the difference by 40% pursuant to Rule 1910.16-4 results in an APL obligation of $276.00 per month. Considering the factors set forth in Rule 1910.16-5, there is no reason to deviate from this amount. RECOMMENDATION A. The Defendant shall pay alimony pendente lite to the Plaintiff in the amount of $276.00 per month effective November 8, 2001. B. Except as modified herein, the order of January 11, 2002, shall remain in full force and effect. C. The Defendant is ordered and directed to report any change of his employment status to the Domestic Relations Section within 72 hours of said change. NO-V N?ut?PLL Date Michael R. Rundle Support Master R In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Dorothy L. Shepard Defendant Name: Garry L. Shepard Docket Number: 2001-4094 Civil PACSES Case Number: 316103786 Other State ID Number: Tax Year: Defendant Plaintiff 1. Fling Status Married Filing Separately Married Filing Separately 2. Who Claims the Exemptions ObIll gee 3. Number of Exemptions 1 1 4. Monthly Taxable Income $1,863.33 $1,213.33 5. Deductions Method 6. Deduction Amount $327.08 $327.08 7. Exemption Amount $250.00 $250.00 8. Income MINUS Deductions and Exemptions $1,286.25 $636.25 9. Tax on Income $167.94 $70.44 10. Child Tax Credit - - 11. Manual Adjustments to Taxes - - 12. Federal Income Taxes $167.94 $70.44 12 a. Earned Income Credit - - 13. State Income Taxes $52.17 $33.97 14. FICA Payments $142.55 $92.82 15. City Where Taxes Apply --Select-- 16. Local Income Taxes $18.63 $12.13 TOTAL Taxes $381.29 $209.36 SupportCalc 2002 Fxhibit "A" Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff ?(?/0'vjt? DOROTHY L. SHEPARD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET NO. 01-4094 Civil Term V. CIVIL ACTION - LAW GARRY A. SHEPARD, IN DIVORCE Defendant INVENTORY OF PLAINTIFF, DOROTHY L. SHEPARD Plaintiff files the following inventory of all property owned or possessed by either party at the time the action was commenced and all property transferred within the preceding three (3) years. I, Mark C. Duffle, attorney for Plaintiff Dorothy L. Shepard state that I am authorized to make this verification on her behalf and that the statements made in this Inventory are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: A /z'3 :214327 Mark C. Dt}f i Attorney for laintiff Submitted by, JOHNSON, DUFFIE, STEWART & WEIDNER BY: M2(rk C. Duffle u l Attorney I.D. #75906 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiff ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and office/director positions held by a party with a company) () 16. Employment termination benefits-severance pay, worker's compensation claim/award () 17. Profit sharing plans (X) 18. Pension plans, thrift savings plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. MilitaryN.A. benefits () 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Insurance benefits i MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced. Plaintiff reserves the right to supplement this list prior to time of trial. Item Description Number of Property 1. 1701 Cedar Cliff Drive Camp Hill, PA 17011 2. 1995 Chevrolet C-1500 Pickup Truck 5. Tower Federal Credit Union Checking Account No. 200445-02 Mellon Checking Account No. 100-016-0430 6. Tower Federal Credit Union Savings Account No. 200445-00 Mellon Savings Account No. Tower Federal Credit Union You Name It Club Account No. 200445-13 18. ONYX 401(k) Names of All Owners Dorothy L. Shepard, Garry A. Shepard Garry A. Shepard Garry A. Shepard Garry A. Shepard Garry A. Shepard Garry A. Shepard Garry A. Shepard 19. IDEX IRA Garry A. Shepard NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. Plaintiff reserves the right to supplement this list prior to the time of trial. Item Description Number of Property Reason for Exclusion PROPERTY TRANSFERRED Item Description Date of Person to Whom Number of Property Transfer Consideration Transferred LIABILITIES OF PARTIES Item Number Description of Property Name of All Debtors 24. Chase Manhattan Mortgage Dorothy L. Shepard, Garry A. Shepard CERTIFICATE OF SERVICE AND NOW, this 6m day of June, 2003, the undersigned does hereby certify that she did this date serve a true and correct copy of the foregoing Inventory upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, on the date indicated below, to the following persons: Peter R. Henninger, Jr., Esquire Pannebaker & Jones, P.C. 4000 Vine Street Middletown, PA 17057-3596 JOHNSON, DUFFI STEWART EIDNER By: C. Duffie :214327 ' q (_011® IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOROTHY L. SHEPARD, Plaintiff V. GARRY A. SHEPARD, Defendant NO. 01-4094 CIVIL TERM PASCES NO. 3161-3786 CIVIL ACTION-LAW IN DIVORCE PRE-TRIAL STATEMENT AND NOW, comes the Defendant, Garry A. Shepard, by and through his attorneys, Pannebaker and Jones, P.C. and avers as follows: 1. A list of assets with value date and what portion is non-marital, any liens and encumbrances and the non-marital assets and values are included on the Inventory and Appraisement filed in this action. Defendant will be updating the value of the marital home and his IRA and 401 (k) as soon as the current statements are available. 2. The Defendant does not anticipate the necessity of calling any expert witnesses at this time, however that may change if the value of the marital real estate cannot be agreed upon. The Defendant submits that his counsel and Plaintiff's counsel have already discussed the fact that they would be willing to agree to use of a single appraiser to value the marital real estate, if necessary. 3. Defendant intends to present his own testimony and the testimony of the Plaintiff as on cross-examination. Defendant does not anticipate any additional witnesses. 4. Defendant intends to offer exhibits regarding the value of his 401K and IRA and also an exhibit with regards to the value of the marital home and the mortgage payoff. The old IRA valuation documents have been provided to the Plaintiff the valuation of the marital home and current values of the IRA, 401k and marital home are in the process of being determined as is the mortgage payoff as of the date of separation and as of the current date. Those documents will be provided once received. 5. Defendant is currently unemployed and receiving unemployment compensation and his income and earning capacity has been consistent with the income and expense statement filed in this case. 6. The Defendant's expenses are consistent with the income and expense statement filed in this action. 7. The Defendant's IRA with Onyx was valued at $19,947.29 as of the date of separation which value has decreased due to the change in market conditions. The current value is in the process of being determined and the document with regards to current valuation will be provided when received. The same holds true for the Plaintiff's Onyx 401k, which was valued at $6,582.16 on or about the date of separation. 8. Defendant is making no claim for counsel fees. 9. Defendant is not aware of any dispute as to tangible personal property. 10. List of marital debts is included in Defendant's inventory and appraisement previously filed with this court. 11. Defendant proposes the transfer of fifty (50%) percent of his IRA, fifty (50%) percent of his 401k and forty (40%) percent of the net value of the marital real estate within ninety (90) days of the date of the final decree in divorce. 12. It is Defendant's position that a marriage which lasted approximately seven (7) years and for which he has been paying APL for the past two (2) years negates any necessity or requirement of any alimony payment going forward. Respectfully submitted, PANNEBAKER & JONES, P.C. By: ?. Peter R. Henninger, Jr., Esquire I.D.#44873 4000 Vine Street Middletown, PA 17057 (717)944-1333 :sls SHEPARD PRE-TRIAL #17080 CERTIFICATE OF SERVICE AND NOW, this 6`h day of June, 2003, the undersigned does hereby certify that a copy of the foregoing document was served upon the Plaintiff by and through her attorney of record: Mark C. Duffle, Esquire 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 Respectfully submitted, PANNEBAKER & JONES, P.C. By: 19 / Peter R. Hemunger, Jr., Esquire I.D. #44873 4000 Vine Street Middletown, PA 17057 (717)944-1333 4 DOROTHY L. SHEPARD : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. GARRY A. SHEPARD : NO. 2001-4094 CIVIL TERM ORDER OF COURT AND NOW, this 5T" day of JUNE, 2003, upon consideration of Plaintiff's Petition for Special Relief, and after conference with counsel, it appears that Defendant is in control of the majority of the marital assets. Over the objection of husband's counsel, it is hereby ordered and directed as follows: 1.) Defendant is directed to transfer one half (1/2) the value of the IDEX IRA to an IRA or Qualified Retirement Account designated by Plaintiff. 2.) Plaintiff shall be responsible for any tax and/or penalty incurred in connection with any such funds transferred and/or withdrawn. 3.) The transfer shall be considered by the Master as part of his overall distribution of the marital estate. 4.) The transfer shall be made within forty-eight (48) hours of the time that Plaintiff designates the IRA or Qualified Retirement Account. /eter R. Henninger, Jr., Esquire ark C. Duffle, Esquire :sld Edward E. Guido, J. viv Z •II 9 av s ?) t?I?yit?15P;N3c INN CO ?S DOROTHY L. SHEPARD : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. . GARRY A. SHEPARD : NO. 2001-4094 CIVIL TERM ORDER OF COURT AND NOW, this 5T" day of JUNE, 2003, upon consideration of Plaintiff's Petition for Special Relief, and after conference with counsel, it appears that Defendant is in control of the majority of the marital assets. Over the objection of husband's counsel, it is hereby ordered and directed as follows: 1.) Defendant is directed to transfer one half (1/2) the value of the IDEX IRA to an IRA or Qualified Retirement Account designated by Plaintiff. 2.) Plaintiff shall be responsible for any tax and/or penalty incurred in connection with any such funds transferred and/or withdrawn. 3.) The transfer shall be considered by the Master as part of his overall distribution of the marital estate. 4.) The transfer shall be made within forty-eight (48) hours of the time that Plaintiff designates the IRA or Qualified Retirement Account. the Court, Edward E. Guido, J. Peter R. Henninger, Jr., Esquire Mark C. Duffie, Esquire :sld ovrr? to we S£ ; 91 b VINVAr,M N3d u?Im fb it I MAY Sp2} DOROTHY L. SHEPARD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-4094 Civil Term V. PACKS Case No. 316103786 GARRY A. SHEPARD, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this _ day of 2003, upon consideration of Plaintiff's Petition for Special Emergency Relief, the Court hereby Orders and Directs the Defendant, Garry A. Shepard, to pay to the Plaintiff, Dorothy L. Shepard, the sum of $7,500.00, by liquidating a portion of the IDEX IRA. All penalties and taxes due as a result of such liquidation shall be the responsibility of the Plaintiff, Dorothy L. Shepard. The Plaintiff, Dorothy L. Shepard, shall be credited with an advancement toward equitable distribution. BY THE COURT: J. Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. o. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DOROTHY L. SHEPARD, V. Plaintiff GARRY A. SHEPARD, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4094 Civil Term PACKS Case No. 316103786 CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL EMERGENCY RELIEF AND NOW, this 29th day of May 2003, comes the Plaintiff, Dorothy L. Shepard, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files this Petition for Special Emergency Relief, and in support thereof avers as follows: 1. On July 23, 2001, the Plaintiff, Dorothy L. Shepard, filed a Complaint in Divorce to the above- captioned docket, and properly served the same upon Defendant, Garry A. Shepard. 2. The parties hereto were lawfully married on July 23, 1994, and separated on or about May 15, 2001. 3. The Plaintiff currently resides at 1404 Mariner Drive, Arnold, Maryland 21012. 4. The Defendant currently resides in the marital home at 1701 Cedar Cliff Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 5. Some time in August 2001, the Plaintiff left Pennsylvania to reside in Maryland. The Plaintiff initially resided with her sister, Victoria Wheeler, at 7887 Tick Neck Road, Pasadena, Maryland 21122. 6. The Plaintiff then resided with Randall Hogue at 46 Highlander Drive, Glen Bernie, Maryland 21061. She resided there until July 14, 2002, the date of Mr. Hogue's passing. 7. Since July 14, 2002, the Plaintiff has been residing with a friend, Cheryl Johnson, at 1404 Mariner Drive, Arnold, Maryland 21012. 8. Plaintiff, in August 2001, upon relocating to the Baltimore area, began working on a horse farm part-time. She then was employed by Baltimore Airport Shuttle from January 2002-February 2003. Baltimore Airport Shuttle is located at 1045 Taylor Avenue, Suite 216, Towsen, Maryland 21085. The Plaintiff was forced to find other employment in February 2003 due to the lack of hours which Baltimore Airport Shuttle could provide to Plaintiff, as well as the long commute involved. 9. Since February 2003, Plaintiff has been searching for employment and found a position at Fletcher's Auto Tech, located at 410 Headquarters Drive, Millersville, Maryland 21036. Plaintiff was slated to begin during the week of May 19, 2003, as a receptionist earning $8.00 per hour, approximately 20 hours per week. She was unable to begin her new employment position because her car was repossessed due to the fact that she was unemployed for several months and has not received a check for alimony pendente lite from the Defendant in over three (3) weeks. 10. The Plaintiff's vehicle was repossessed on Friday, May 23, 2003, and Plaintiff has only approximately two (2) weeks to reclaim the vehicle by paying to the finance company the amount of Two Thousand Three Hundred and 00/100 Dollars ($2,300.00). 11. The Plaintiff is incurring an additional $35.00 in storage fees for each day the vehicle remains in storage. 12. The Defendant is currently in possession of almost all of the marital assets, including all of the liquid marital assets. Most notably, Defendant is in the possession of the marital home, which contains anywhere from $20,000-$40,000.00 marital equity. Defendant is also in the possession of an Onyx Industrial Corporation 401 K plan worth $6,582.16 as of the date of separation, and an IDEX IRA with a value of $19,947.29 as of the date of separation. 13. Plaintiff is in possession of some personal effects and a few items of personal property from the marital home, but nothing else. 14. The parties have listed this case with the Divorce Master, in which pre-trial statements are due on or before June 6, 2003. Therefore, while the matter is close to being resolved, the Plaintiff has fallen into such dire circumstances that to award her any advance disposition toward equitable distribution would allow her to maintain the current position with Fletcher's Auto Tech, a position which may develop into a 40 hour per week position with some long-term potential. 15. To grant the relief herein requested would cause the Defendant no adverse consequences, and certainly would not convey anywhere near fifty percent (50%) of those assets which have been identified by the parties as marital and subject to equitable distribution. See Defendant's Answers to Interrogatories which are attached hereto and incorporated herein as Exhibit "A." 16. While the relief requested herein is extraordinary, so are the circumstances under which Plaintiff makes said request. WHEREFORE, Plaintiff respectfully requests this Honorable Court direct the Defendant, Garry L. Shepard, to liquidate and transfer to Plaintiff the amount of Seven Thousand Five Hundred and 00/100 Dollars ($7,500.00) from the IDEX IRA account, all penalties and taxes being the responsibility of Plaintiff. Should this Honorable Court deny Plaintiff's request for relief, Plaintiff would request that this Honorable Court schedule an in-chambers conference immediately to address the issues and prayers set forth herein. Respectfully submitted, JOHNSON, DUFFIE, STEWART & By: A0 Mar C. uffie At rnev I.D. No. 7594/ :214019 VERIFICATION I, Mark C. Duffie, attorney for Plaintiff Dorothy L. Shepard, state that I am authorized to make this Verification on her behalf, and that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. JOHNSON, DUFFLE, STEWART Dated: 572910.? Murk C. Duffie,,e Attorney I.D. No. CERTIFICATE OF SERVICE AND NOW, this 29th day of May 2003, the undersigned does hereby certify that a copy of the foregoing document was served upon the other parties of record in the following manner: By Facsimile and First Class U.S. Mail to: Peter R. Henninger, Jr., Esquire PANNEBAKER & JONES, P.C. 4000 Vine Street Middletown, PA 17057 (717) 944-4004 JOHNSON, DUFFIE, STEWART & By: Wrk C. Duffie Attorney 1.D. No. DOROTHY L. SHEPARD, Plaintiff V. GARRY A. SHEPARD, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4094 CIVIL TERM IN DIVORCE ANSWERS TO INTERROGATORIES Respectfully submitted, PANNEBAKER & JONES, P.C. By: s. Peter R. Henninger, Jr.,Esquire I.D. #44873 4000 Vine Street Middletown, PA 17057 (717) 944-1333 1. GENERAL INFORMATION. 1. State the date on which you are answering these Interrogatories. 10-2-01 2. State your full name, present address, date of birth, and social security number. Garry Allen Shepard 1701 Cedar Cliff Drive, Camp Hill, PA 17011 SSN// 085-48-5226 DOB: 6/9/68 3. Describe your educational background, including the names and locations of any schools which you attended and/or from which you have graduated, and any and all degrees which you may have received, stating the years of attendance and of graduation. Graduated Augsburg American High School-12th Grade Augsburg GermanyL II. ASSETS. 4. Set forth, with particularly, all personal property which you have transferred or disposed of during the last two (2) years, having a value of or having been sold for $500 or more. 94 Geo Metro/Step-daughter totaled/was unlicense driver and no permit/Dorothy Shepard gave permission to drive. Dec. 1999 $2200 from insurance to pay bills she had written 18 checks on his account forged signature. III. ACCOUNTS. 5. Complete one FORMA attached for each banking account (checking, passbook, NOW, statement saving, certificate of deposit, saving certificate, etc.) in which you now have or within the past five (5) years have had, any interest, ownership, or power of withdrawal whatsoever, whether individual, joint, as custodian or trustee for others, or as the beneficiary of an account held by another as custodian or trustee. NOTE: IRA's, Keogh's, or other bank retirement plans need not be mentioned here. (NOTE: Use one Form "A" for each account). Enter here the number of FORM "A's" attached 7 6. State the name, business address, and telephone number of: a. Your present accountant and any accountant who has performed accounting services for you, your business, partnerships, real estate, etc. during the past five (5) years. None H&R Block does tax return she has the copies. b. Your stockbroker or any securities brokerage firm with whom you presently maintain an account or with whom you have maintained any account within the past five (5) years. The Atlantic Group/Morry Wexler/ 410296-0470 IV. INVESTMENTS. 7. Complete FORM "B" for any and all bonds, stocks, and other securities, mutual funds, money market funds in which you now have or within the past five (5) years have had any interest whatsoever whether individual, joint, as custodian, or trustee for others or as the beneficiary of an account held by another as custodian or trustee. (Include securities even if interest or dividends thereon are exempt from taxation.) Enter number of FORM "B's" attached 2 8. Do you now own or have you in the past five years owned any tax-free instruments or investments where interest or dividends earned are not required to be taxed by the Federal Government? If so, identify them. NO 9. List all life insurance policies in which you are either the owner, insured, or beneficiary. American Life Military V. RETIREMENT. 10. Complete one Form "C" for each pension or other retirement plan, IRA, Keogh, etc., in which you now participate or have participated at any time within the past five (5) years. Enter number of Form "C's" attached 1 -?6 "- (-J k Keirsten W. Davidson Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Plaintiff Date September 6, 2001 BANK ACCOUNT INFORMATION FORM "A" (NOTE: Complete one (1) Form "A" for each account). A. State name of bank and type of account. Tower Federal Credit Union Savings B, State the date you opened such account or date you acquired your interest therein. 8/3/98 C, State the date you closed the account or otherwise ceased to have any interest therein. Open D, Provide account balances and support documentation as of the following dates: 1. Date of marriage; N/A 2. Date of separation; $71:87 3. Date you answered these interrogatories. 10/2/01 BANK ACCOUNT INFORMATION FORM "A! (NOTE: Complete one (1) Form "A" for each account). A. State name of bank and type of account. Tower Federal Credit Union-Checking B. State the date you opened such account or date you acquired your interest therein. 8/3/98 C. State the date you closed the account or otherwise ceased to have any interest therein. Open D. Provide account balances and support documentation as of the following dates: 1. Date of marriage; N/A 2. Date of separation; $418.50 3. Date you answered these interrogatories. 10/2/01 BANK ACCOUNT INFORMATION FORM "A" (NOTE: Complete one (1) Form "A" for each account). A. State name of bank and type of account. Tower Federal Credit Union- Savings B. State the date you opened such account or date you acquired your interest therein. 1/26/93 C. State the date you closed the account or otherwise ceased to have any interest therein. 8/3/98 D. Provide account balances and support documentation as of the following dates: 1. Date of marriage; Unknown 2. Date of separation; Closed 3. Date you answered these interrogatories. 10/2/01 BANK ACCOUNT INFORMATION FORM "A„ (NOTE: Complete one (1) Form "A" for each account). A. State name of bank and type of account. Tower Federak Credit Union-Checking B. State the date you opened such account or date you acquired your interest therein. 1/26/93 C. State the date you closed the account or otherwise ceased to have any interest therein. 8/3/98 D. Provide account balances and support documentation as of the following dates: 1. Date of marriage; Unknown 2. Date of separation; Closed 3. Date you answered these interrogatories. 10/2/01 BANK ACCOUNT INFORMATION FORM "A" (NOTE: Complete one (1) Form "A" for each account). A. State name of bank and type of account. Mellon/Savings B. State the date you opened such account or date you acquired your interest therein. April 12, 2000 C. State the date you closed the account or otherwise ceased to have any interest therein. Open D. Provide account balances and support documentation as of the following dates: 1. Date of marriage; N/A 2. Date of separation; $22.63 3. Date you answered these interrogatories. 10/2/01 ,. BANK ACCOUNT INFORMATION FORM "A" (NOTE: Complete one (1) Form W for each account). A. State name of bank and type of account. Mellon/Cliecking B. State the date you opened such account or date you acquired your interest therein. April 12, 20000 C. State the date you closed the account or otherwise ceased to have any interest therein. Open D. Provide account balances and support documentation as of the following dates: 1. Date of marriage; N/A 2. Date of separation; $1,377.73 3. Date you answered these interrogatories. 10/2/01 BANK ACCOUNT INFORMATION FORM (NOTE: Complete one (1) Form "A" for each account). A. State name of bank and type of account. Mellon/Checking/Revolving Expense Account B. State the date you opened such account or date you acquired your interest therein. April, 12',`)2000 C. State the date you closed the account or other Wise ceased to have any interest therein. Open D. Provide account balances and support documentation as of the following dates: 1. Date of marriage; N/A 2. Date of separation; $1,377.73 3. Date you answered these interrogatories. 10/2/01 Mellon MELLON BANK CEDAR CLIFF OFFICE 1510 CEDAR CLIFF DRIVE CAMP HILL, PA 17011 PHONE NUMBER (717) 731-4858 OCT. 01, 2001 TO WHOM IT MAY CONCERNS MR SHEPARD HAD A CHECKING ACCOUNT WHICH WAS OPEN IN JULY OF 1998. IT WAS CLOSED DUE TO FORGERY ON APRIL 12, 2000. A NEW ACCOUNT WAS OPEN AT THAT TIME AND IS STILL OPEN AT THIS DATE. N. THANK YOU, MELISSA ADMAN PERSONAL BANKER 10/01/01 MON 14:08 FAX 901 497 8928 TFCU-BRANCH ADMIN X1002 Tower Federal Credit Union 79018andy Spring Read • Laurel,MD 207073589 October 1, 2001 RE: Garry A Shepard 1701 Cedar Cliff Drive Camp Hill, PA 17011-7710 Account #165818 8t Account #200445 To Whom It May Concern: Mr. Shepard's fast account (#165818) was opened on January 26,1993 and closed on August 3, 1998. His second and most current account (4200445) was opened August 3,1998. If you have any questions, you may contact me at (301) 497-7000 x7468. Skoeroly, Lisa A: Knotts BA sch Administration Telephone 301.497.7000,800.787.8328 FAX 30l•497.8933,www.tow%xfeuorg wwer recieral Credit Union Member Number Social Security Number 200445 ON FILE 1901 Sandy Spring Rd., Laurel, MD 20707.3588 Telephana 301-497-7000, 800-787-8328 TOO 301-497-7058, Web site www.towerromerg me,¢ GARRY A SHEPARD 1701 CEDAR CLIFF DR CAMP HILL PA 17011-7710 Itt1111111111Haiti lift 1Ilia 1116nIlia 119n1111,nn161u11 Your Member Statement Statement Start Date Through Date 06-01-01 06-30-01 Page 1 01 1 You'll love the ease and convenience that comes with opening an EZLine personal line of credit. Write EZLine checks for any amount up to your approved credit limit. Plus, get an interest rate as tow as 8.90% APR, and use EZLine for over- draft protection with your Regular and Request checking account or Tower debit card. EZLine. EZ money. Apply today. MMDO ' MMDOYV ( MOO AND SUMMARIES AMOUNT ( BALANCE SHARE SUFFIX: 00 PRIME SHARE BEGINNING BAL. 71.67 063001 DIVIDEND .20 71.87 DIVIDEND RATE: 3.4000% **APYE**: 3.4486% **APYE** IS THE ANNUAL PERCENTAGE YIELD EARNED FOR THE PERIOD COVERED BY THIS STATEMENT ---- ------ DIVIDENDS PAID: .20 YTD DIVIDENDS: 1.25 ------------------------------------------ ------------ -'--------- °----- - SHARE SUFFIX: _02-REGULAR.CHECKING -, CHECKING SUMMARY M DEPOSITS .52 MAINTISERVICE CHGS .00 CHECKS .00 MISC DEBITS ' 00 BEGINNING BALANCE 418 50 TRANSACTIONS: TRACE NO. 063001 DIVIDEND .52 - 419.021; a a s a a a ,a x a x* a a a a a a* a a s a a x a a a a a x a a a x a a a a x a a a a DIVIDEND RATE.: 1.5000% *FAPYE**o- 1,5223% KF DIVIDENDS PAID .52 YTO ZIVIDENDS 336.' -------------------- - --------- --------- ---= - --------- -7 ' ---- - --- SHARE SUFFIX-"M U-NAME-IT CLUB BEGINNING BAL. 44.84" 063001 DIVIDEND 13 44.97f ' o., ---- °---- DIVIDENDS PAID: .13 YTD DIVIDENDS. .79 ------------------------------------------------------ ---------- --------` YEAR TO DATE SUMMARY TOTALS: IRA DIVIDENDS 100 WITHHOLDING .00 OTHER DIVIDENDS 5.40 FORFEITURES .00 TOTAL DIVIDENDS 5.40 B],e]-M -MM-wv-aw. ,American 47a1R AMERICAN FUNDS SERVICE COMPANY Post Office Box 2280 • Norfolk, Vitlinia23501-2280 October 4, 2001 GARRY A SHEPARD 1701 CEDAR CLIFF DR CAMP HILL PA 17011-7710 Re: The Tax-Exempt Money Fund of America -A Account #6132-3478-39 GARRY A SHEPARD & DOROTHY L SHEPHARD JTWROS Account #6454-8880-39 GARRY A SHEPARD Dear Mr. Shepard: We recently received an inquiry from you regarding the balance of accounts #6132-3478-39 and #6454-8880-39. The table below reflects the share balance, per share net asset value (NAV), and total value of the account on the date requested: Account .. Share NAV Total Date Number Balance Per Share Value Purchased 6132-3478-39 500.000 $ 1.00 $ 500.00 04/19/95 Redeemed 6132-3478-39 24,157.990 1.00 24,157.93 02/24/99 Purchased 6454-8880-39 3,500.000 1.00 3,500.00 03/12/00 Redeemed 6454-8880-39 3,619.320 1.00 3,619.32 04/23/01 Mutual fund share prices vary with the fluctuations of financial market share prices. The prices of the funds are found in the financial pages of most metropolitan newspapers under The American Funds Group in the Mutual Funds listings. If you have any questions, please call us at 1-800-421-0180, extension 1. You can reach one of our service representatives between 8 a.m. and 8 p.m. Eastern time, Monday through Friday. Respectfully, AMERICAN FUNDS SERVICE COMPANY MEMBER STATEMENT Tower Federal Credit Union ?I'rl 7901 Sandy tiprmg Rd.. Laurel. SID 20707-3589 Telrplt9ne' 307.397.7000. 800.787.8328 ? Check box if change of address information is provided on reverse. 111111111111 11111111111111111111111111111111111111111111(11111 GARRY A SHEPARD 560 WILLOW ST APT J HIGHSPIRE PA 17034-1620 TRANS ?".FncN'rsuw?cnox ... /.tiflrnSLo?p 5?'p,( PERIODIC F . DATE F DESCRIPTION FINANCE CHARGE r r{ , s Sl - SNARf' . . ,. r . .. (Joint with DOROTHY L. SHEPARD) j ' ,Oa/01'Previous Balance-. Oa%03 TRANSFER M200445S1 x`:zrMCaav< ' . ..• ..08/31 Closing Date ...Now Balance' ". L, sz SHA 08/31 Closing nDate .. New Balance xr? ?„y... Rividand rats as?"of„ 0-8/33/9 S11 SHARE A/C - Holiday Club k 91';Tim /$•TKr .. R,w I(Jo yiith,DORWT. SH 11 '08/01- Pt uA 8alanef SC 08/03 TRANSFER TO 200445511 t 000006402-1 -e -003-XXX i 1 0.13 255 77 I 0 0. 0.00 0.00. a " ` + 08/01 Pravioue Balance '' r - 638.17 08/03 TRANSFER TO 200445S13 638 17 0.00 D= t- 90lanc*1^? .HFa r? . ' ...,- am' :t+:P• ?l ^.€" *t •rv+? "2 9 r' ? a ]' t ? , . ;: eA .. I - ' Dividend rata as of 08/31/98 was - 3.500% ' I f I i I YEAR 70 DATE FINANCE CHARGES ----- ----------- Paid off L12 118.73 Total 118.73 Plm to attend a one-day EnterPi'iea.eale,' Saturday, October 10. Low-mileage, late model Mused vehicles can be financed at 7.5X. Whether you chooses 3-,4 . .. -. . ; . ...... or, S-year, term, the rate 3s the saea For ,a location . -........ ' near you, call 800-CAR-SALES ALL ACCOUNTS, EXCEPT CHECKING ACCOUNTS, ARE NOTTRANSFERABLE AS DEFINED IN REGULATION D. MEMBER STATEMENT ?I Tower Federal Credit Union I 7901 Svndy Spring Rd. L w4 MID 20797-3589 Telephone 301-497•7?N)U, $00.787.8328 Check box if change of address information is provided on reverse. fue???eu???uu1?l N0u?u1??1??u u?e???ul?u?tu?e?l??u? CARRY A SHEPARD 560 WILLOW STREET APT J -" HIGHSPIRE PA 17034-1620 . i rx:0.,wm?wu?cxw?IttM1FW1106.wr.rse?.?F?'S'6cme,?yEr . ii ",'.....,'`.- BANS PERIODIC DATE FI DESCRIPTION CHRNANCE ARGE F ?y 01/26- Previous Dal?anca 08!03 -.TRANSFERI FR011y,1,658185r....r, 08/31 "-DIVIDEND C;BEDITr 08/31 Annual Pareeatage Yield`Earmd"2.3:7X '"-- 08/31 For the Period from 08/02 through 08/31.( salmon ' .;..Pravious`balanee -;.;.""I" . TRANSFER FROM 16581852 5f t? Yh-' n. 08/03 TRANSFER FROM 08/31 For the Period 000025145-1 -11 -002-W 0.00 0 Old OGO 0.131 0.13 X0.00 255.77 255.77 0 CIL- ,.. 255785 12/10 Previous Balance 1 0.00 08/03 TRANSFER FROM 165818S13 638.17 638.17 -08(03-,- DIVIDEND. CREDIT 7 5 7 .i - -- 0.20: - ? 638.37 06%31 "DIVIDEND CREDIT-"= 7 77 7 ' ' 1.86r 640.23 08/31 Annual Percentage Yield Earned: 3:73X 1 08/31 For the Period from 08/03 through 08/31. 1 - ,.10a/31, .: Closing Date..:. NOW Balance t 640.23 Dividend rata as of 08/31/98 "a 38007 I Continued on page 2 1 n'! ALL ACCOUNTS, EXCEPT CHECKING ACCOUNTS, ARE NOT TRANSFERABLE AS DEFINED IN REGULATION D rvrconocn a sH? crvrcrv r - Tower Federal Credit Union 7901 Sandy Spring Rd.. Lame), MD?0707-imq ¢e¢eaer cs-r -a -a?a-rvr 11 TeIephonc 301.497.7004 UCO-787.8328 ? Check box if change of address information is provided on reverse. GARRY A SHEPARD 1: ????.. CeY'T'? NS1Wn"'. •. e. F t t ? Y ALL ACCOUNTS, EXCEPT CHECKING ACCOUNTS, ARE NOT TRANSFERABLE AS DEFINED IN REGULATION D. Mellon Bank PERSONAL BANKING STATEMENT DIRECT INQUIRIES TOe MELL BANK COMMONWEALTH REGION CEDARCLIFF 1510 CEDARCLIFF DR CAMP HILL PA 17011-7713 7,17-731-4858 GARRY SHEPARD PO BOX 7562 STEELTON PA 17113 01307 0126 PAGE 163040F 4 STATEMENT FROM 06/16/01 THRU 07/17/01 RELATIONSHIP SUMMARY PERSONAL CHECKING ACCOUNT 100-016-0430 AV DU k N I\?r' fY''}+abw1' .uY Y. ?+iT+i: au 4- ?^z r. vrt+ 2?:5?,?? ?v. v_ OPENING BALANCE AS OF 06116/01 1,737.73 TOTAL DEP03IT9 AND QTXER ADpITIONS INCLUDING INTEREST CREDITED THIS PERIOD +2,025.65 TOTA nue??tc. tun-ireucs urTUneAre?s INr, lNO eEE, AND CHARGES TNffi PERIOD -3 159 66 AVERAGE AGCOW BALANCE 734.13 DEPOSITS CHECKS DATE AND OTHER AHD.OTMER DAILY AODITTB+L. 417N0 • - BALANCE 06/10/01 06/16 MELLON ATM MITHDRANAL 9003507 CEDAR CLIFF CAMP HILL PA . . . . . . . . . . . . . . 300.00 CHECK 9 1165 . . . . . . . . . . . . . . . . . . . 500.00 937.73 06/22/01 DEPOSIT 500.00 CHECK 9 1164 . . . . . . . . . . . . . . . . . . . 60.00 1,377.73 06/ZS/01 06/24 MELLON ATM TRANSFER FROM SAVINTG 9004563 CEDAR CLIFF CAMP MILL PA 150.00 1,527.73 06/27/01 CHECK 1 2266 . . . . . . . . . . . . . . . . . . 1,000.00 527.73 0 Mellon Barak PERSONAL BANKING STATEMENT 100-016-0430 CARRY SHEPARD 01307 PAGE 2 OF 4 PERSONAL CHECKING ACCOUNT 100-016-0430 (continued) DEPOSITS CHECKS DATE PASTED DESCRIPTION AM OTHER ADO M AND MEN MITHO AMA - DAILY BALANCE 07/02/01 DEPOSIT 37S.65 - CHECK i 1267 . . . . . . . . . . . . . . . . . . . 70.00 033.38 07ASIDI MISC AUTOMATED DEBIT CHASE MANHATTAN 0114OM26RE PAYMENT 3810803032 . . . . . . . . . . . . . . . . . . . 717.40 115.90 07/06/01 07/06 MELLON ATM MITHDRAMAL 1005942 CEDAR, CLIFF CAMP HILL PA . . . . . . . 30.00 15.91 07/ovol DEPOSIT &00.00. 07/06MASTERMONEY POS PURCHASE 1565655 H€PFER-S.TRUE VALUE LEMOYtE PA . . . . . . . . . . 10.79 575.19 Q7/12/01 CHECK 1 1171 . . . . . . . . . . . . . . . . . . . 154.07 420.32 07/13/01 CHECK s 1160 . . . . . . . . . . . . . . . . . . . 67.50 CHECK i 1169 . . . . . . . . . . . . . . . . 237.10 115.72 07/16/01 DEPOSIT 500.00 615.72 07/17ro1 SERVICE CHARGE 12.00 603.72 07/17/01 CLOSIND BALANCE 603.72 Onswism AND REGULATIONS AMENDMENT: HE RESERVE THE RIGHT TO AN ASTERISK INDICATES A BREAK IN THE LISTING OF CONSECUTIVE CHEM NUMBERS. PLEASE USE THE ACCOUNT RECONCILEMENT FORM LOCATED ON THE LAST PAGE OF THIS STATEMENT TO BALANCE YOUR ACCOUNT. ONYX IINDUSTRIAL SERVICES, IC® October 3, 2001 To whom at May Comm: Garry Shepard has been an employee of Onyx Precision Services since March 1999 uati 1 present. He has a revolving expense account through Onyx at Mellon Bank with a limit 0£$500.00. Sincerely Yours, 44- Shelley Teter Office Manager 101 PanineU18 011ve. North E88t. MO 21901 P.0. Box 4M North 6aat. MO 91901 (43.01797.1200 Fax (4141 157.720B INVESTMENT INFORMATION SHEET FORM "B" (NOTE: Complete one (1) Form "B" for each Investment Account). A. Identity of any securities you hold, own or possess, or that are held for you by any financial institution or other person. Money Market B. Number of shares or principal amounts of bonds. 0 C. How title held and name(s) of all others in title. 0 D. Date of purchase. E. Cost. $500.00 F. Value at the date of marriage. 0 G. Value at the date of separation. 0 FORM „B„ H. Value at the date you answered these Interrogatories. If you have sold any securities, what is the date of the sale. J. What are the proceeds of the sale. FORM ug' H. Value at the date you answered these Interrogatories. If you have sold any securities, what is the date of the sale. J. What are the proceeds of the sale. RETIREMENT/PENSION INFORMATION FORM "C„ (NOTE; Complete one (1) Form "C" for each pension or other retirement plan, qualified or non-qualified, Keogh, etc. in which you now participate or have participated at any time from the date of marriage until the present.) A. Describe the nature of plan (Keogh, Defined Benefit Plan, etc., and whether or not qualified). 401K B. State the balance on each of the following dates: 1) date of marriage; 0 2) date of separation; 6,582.16 3) date you answered these interrogatories. 10/15/01 C. Provide the name and address of the bank/plan administrator or trustee. onxx D. State the date on which you opened the account or date on which your participation in the plan commenced. 3/3/2000 FORIVIM E. Identify the named beneficiary of the plan. Dorothy Shepard F. Can you take loans against or liquidate your interest in the plan? No G. Are you partially or wholly vested in your plan? If so, to what degree are you vested? When will you be fully vested? Wholly vested H. Is your interest matured? If you are in pay status, what is the amount and frequency of your payments? No 1. Attach a copy of the plan and any account statements reflecting your interest in the plan as of the following: 1) date of marriage; 0 2) date of separation; 6,582.16 3) date of answers to these interrogatories. 10/ 15/01 p-7.11.2001 9: 43W BENEFITS NO. 271 P.22 ONYX INDUSTRIAL SERVICES, INC. Jtp?prx October 11, 2001 Cary Shepard 1701 Cedar CM Drive Camp Hitt, PA 17011 Dear Mr. Shepafd, 4 Per your request, we have included the balance of your Onyx Industrial Corporation 401(k) plan as June 23, 2001 and oment day of October 2, 2001. You will "find your Initial amollment daft into the plus. Enrollment date: March 3, 2000 Balance as of lobe 23, 2001; $6,552.16 Balance as of October 2, 2001: $6,90137 If you neat, further is m=W an, phase eomact to benefit department at (713) 307.2191 betweto 5:00 a.m, and 5:00 p.m. Monday through Friday, Sinc?eGrel?y, ? . Stephan wMisms Bewf7ts Adminiatraior i 1920 North Hwy 125, Le Ports, TX 77571 P.o. Box 1808, Le Porto. TX 77572.18x9 (713) 507621ax Pax (712) 301-Mo RETIREMENT/PENSION INFORMATION FORM" C" (NOTE: Complete one (1) Form "C" for each pension or other retirement plan, qualified or non-qualified, Keogh, etc. in which you now participate or have participated at any time from the date of marriage until the present.) A. Describe the nature of plan (Keogh, Defined Benefit Plan, etc., and whether or not qualified). IRA Idex B. State the balance on each of the following dates: 1) date of marriage; $3.500.00 2) date of separation; $19,947.29 3) date you answered these interrogatories. 10/2/01 C. Provide the name and address of the bank/plan administrator or trustee. Unknown D. State the date on which you opened the account or date on which your participation in the plan commenced. 1/29/93 FORM "C" E. Identify the named beneficiary of the plan. Linda Shepard F. Can you take loans against or liquidate your interest in the plan? No G. Are you partially or wholly vested in your plan? If so, to what degree are you vested? When will you be fully vested? N/A H. Is your interest matured? If you are in pay status, what is the amount and frequency of your payments? N/A 1. Attach a copy of the plan and any account statements reflecting your interest in the plan as of the following: 1) data of marriage; $3,500.00 2) date of separation; $19,947.29 3) date of answers to these interrogatories. 10/2/01 #WE V ROLSM 431a OWNW& , Rwwo 387968018 747-AA61aa3 VoWbitor AFBt3 Swud944 CarpWafmn w, Jdwfund&wm ,October 1, 2001 Gary A. Shepard 1701 Coda Cliff Drive Can* Hill PA 17011 Fax Number (717) 986.2172 R.E: 1DEX AccountNumber 99584101 Dear Mr. Shepard: Thank you for your continued interest and investment in the IDEX Family of Mutual Funds. On October 1, 2001, we received your inquiries regarding your above refereneod IDFX account. Your requested information is listed below I) Date accowd was opened -January 29,1993 2,) Value "a or July 23,1994-Appmx mate value $3,SOPIEwd data Is rmt amffabk due to tune span. 3,) , Value "as of September 28, 2001- $19,947.29 You may new an electronic version of your account(s) reflecting your investment(s) at www.ide>dhm m and aUddng on "Managing your Account". For your convenience, our dedicated MEX Customer service Representatives will be happy to assist you with any further questions or concerns. They may be maehed at 1-888-233-IDEX (4339), (option 1) Monday through Friday between the hours of 8:00 am. and 8:00 p.m. Eastern Time. Once again, we thank you for investing with IDEX and we look forward to being an integral part of achieving your financial goals. Sincerely, a-? David R Crumpler, Jr. Correspondence Coordinator COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss: I, Garry A. Shepard, do hereby depose and say that the information set forth herein is true and correct to the best of my knowledge, information and belief I make this statement subject to the penalties of 18 Pa. R.C.P., Section 4904, relating to unswom falsification to authorities. 4 Garry A. Sworn and subscribed to before me, of ? YLf"U ,P'?L1?807. NOTARIAL SEAL STACEY L. SECHLER, Notary Public Middletown, Dauphin County My Commission Expires March 14, 2005 CERTIFICATE OF SERVICE A copy of the foregoing Answers to Interrogatories have been served upon the Plaintiff, Dorothy A. Shepard, by sending a copy to her Attorney of record: Keirsten W. Davidson, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 by depositing same in the United States mail, postage prepaid, in Middletown, Pennsylvania, this f& day of /Cb-jew4, , 2001. PANNEBAKER AND JONES, P.C. By: Peter R. Henninger, Jr., Esquire I.D. 44873 4000 Vine Street Middletown PA 17057 (717) 944-1333 :sls SHEPARD CERT110801 9 . - F C1 n J E V l 2 (Xt =G C?s f`6. JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER. JR. EDMUND G. MYERS DAVID W. DELUCE RALPH H. WRIGHT, JR. DAVID J. LANZA MARK C. DUFFIE MELISSA PEEL GREEVY MICHAEL J. CASSIDY ROBERT M. WALKER 301 MARKET STREET E O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WEBSITE: www.jdsw.com TELEPHONE 717-761-4540 FACSIMILE 717.761-3015 E-MAIL mail®jdsw.com May 30, 2003 LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation The Honorable Court Cumberland County Court of Common Pleas 1 Courthouse' Square Carlisle, PA 17013 Re: Shepard v. Shepard Docket No. 01-4094 Civil - In Divorce Petition for Special Emergency Relief Dear Judge, 0 206 pw? HORACE A. JOHNSON COUNSEL TO THE FIRM WRITER'S EXT. NO. E-MAH. @jdaw.oom Our offices represent the Plaintiff, Dorothy L. Shepard in the aforementioned matter. On her behalf, we are filing the enclosed petition for special emergency relief. I sent a copy of that petition and proposed order to counsel for the Defendant, Peter R. Henninger, Jr., Esq. He sent the attached correspondence to my office prior to our filing the petition. As you can see, Mr. Henninger will be out of the office until Tuesday, June 3, 2003. 1 will be in the office today until 1:00 P.M. and out until Tuesday as well. I will be available by cell phone if you leave a message for my assistant, Michelle M. Bross. I am not sure as to Mr. Henninger's availability. Your prompt attention is greatly appreciated. Very Truly Yours, Johnson, Duffie, .0 e Mark C. Duffie cc: Peter R. Henninger, Jr., Esq (sent via facsimile - 944-4004) MCD/mcd 214078 66 'Ir AF I Q N x 0 Q a ww _ > N U) O }a.N MWO h Z Ory (If 0 0ItO f n O P4 w z m Q O ? o q d' F W W 44 0) a v?iu0a a ? 5wo z w ? a w ED O a w CO z z o 0 0 C z a z 0 05-29-'03 01:34 FRT11- P » >u AND 4T®YMS, P. C. FOUR THOUSAND VINE STREET MIDDLETOWN, PENNSYLVANIA 17057.3596 TELEPHONE E-MAIL ADDRESS TELECOPIER 717-946-1333 pjpE®pawwbaka-1anes,mE 719.904-4004 May 29, 2003 Mark C. Duffle, Esquire 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 RE: Shepard a Shepard Dear Mr. Duffie: T-588 P22/22 D-459 PETEL R HEIMCM EL DONALD L IONS LAMES R PANNEEAYFR Please be advised that Mr. Henninger is at an all day seminar today and will be out on vacation Friday and Monday and will be returning to the office on Tuesday. I have contacted Mr. Henninger regarding your letter and I am advised to tell you that our client will not agree to cashing in the IRA at this time, due to the fact that Mrs. Shepard voluntarily left the marital home and has not held a stable job. Mr. Henninger will be glad to talk to the Judge upon his return on Tuesday regarding this matter. :sls SHEPARD LT52903 CPAL LrMATION PenumAL alueY ATLONDFIE. DEATH AUTOMOBILE ACCMENT9 ESTATE PLAMENO AITATE SETTLEMENT BUSINEEE LAW COBF n LAN FAMILY LAW REAL ESTATE MUNIWAL LAN LAND USE DISNRANCi LAW ENVIRONhUNTAL LAm VMT OUR WEB SITE AT- www.pannehaka--joneE.Dom Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DOROTHY L. SHEPARD, Plaintiff V. GARRY A. SHEPARD, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a final Decree in Divorce on the day of FL6? 20( ,, hereby intends to resume and hereafter use the previous name of DOROTHY LOUISE WHEELER, and gives this written notice avowing her intention in accordance with the provisions of the Act of December 16, 1982, P.L. 1309 No. 295, §702; 54 Pa.C.,%,,A. 704, as TO :212939 STATE OF MARYLAND ? 4 ss: COUNTY OF "?'C?1N Pt ( On this, the 1-?\day of &rksi 2003, before me, a notary public, personally appeared DOROTHY LOUISE SHEPARD, known to me to be the person whose name is subscrjl?q#JX i 7)hhin document and acknowledged that she executed the foregoing for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and e b-?-oy Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-4094 Civil Term [ V` J r7l CID (((nc??? ACT) ?. N ?.., --a VN j cn C S3 Ctzt 3 ,aQs-