HomeMy WebLinkAbout01-4094
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DOROTHY L. SHEPARD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 4094 CIVIL
GARRY A. SHEPARD,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
/ S/- day of A (4/_xi.//'
/ ,1
having entered into an agreement
2003, the parties and counsel
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,
i/Jfj
GeOrg~E. Hoffer,
Cc:
AGfark C. Duffie
Attorney for Plaintiff
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vPeter R. Henninger, Jr.
Attorney for Defendant
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DOROTHY L. SHEPARD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
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
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
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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:
7A~_ 11.7
7t76 -0 3
Henning ,Jr.
for Defendant
8
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)
o Original Order/Notice
o Amended Order/Notice
@ Terminate Order/Notice
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RE: SHEPARD I 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)
Employer/Withholder's Federal EIN Number
SEIFERT LTD
145 SALEM CHURCH RD
MECHANICSBURG PA 17050-2813
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA nON: 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 . 00 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:
$ 0.00 per weekly pay period.
$ 0.00 per biweekly pay period (every two weeks).
$ 0.00 per semimonthly pay period (twice a month).
$ 0.00 per monthly pay period.
REMITTANCE INFORMA nON:
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, PA YMENTS 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:
/ I 13 -('--?__u ,
Date of Order: -NOV 1 ~\ 2003
c-tJ4.);!)/CJ) E, (;UI/){)
Service Type M
OMB No" 0970-0154
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If (:,hecked you are required to provide a copy of this form to your employee. If your employee works in a state that is
different from the state that issued this order, a copy must be provided 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/obligor.
4. * Repolting the Paydate/Date of Witlll,olding. You must repOlt the paydateldate of vv ithllolding vvhen sending tile payn,ent. Ti,e
paydate/date of vvithholding is the date on which amount vvas vvithl,eld flon, the emplOyee's vvages. 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.
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/OBLlGOR'S NAME:
EMPLOYEE'S CASE IDENTIFIER:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
SHEPARD, GARRY A.
7293100684 DATE OF SEPARATION:
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 frorn 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 (1 5 U.S.c. 91673 (b)l; 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
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 www.childsupport.state.pa.us
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMS No,: 0970-0154
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania
Co.lCity/Dist. of CUMBERLAND
Date of Order/Notice 11/12/03
Tribunal/Case Number (See Addendum for case summary)
o Original Order/Notice
o Amended Order/Notice
@ Terminate Order/Notice
v:/ d?[;1 - ~{)9t/ r'11//C
;JJ,/CSZ'<;, ~/fc/6377'i:
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, Mil
Employer/Withholder's Federal EIN Number
AYCOCK INC
8261 OLD DERRY ST
HUMMELSTOWN PA 17036-9308
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TlON: 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? 0 yes @ 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 $ 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:
$ 0.00 per weekly pay period.
$ 0.00 per biweekly pay period (every two weeks).
$ 0.00 per semimonthly pay period (twice a month).
$ 0.00 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
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, PA YMENTS 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. .i,.' \, ,tlL ~~l.i .
~~_I,,~ THE COURT.
iI- /.:9 -(1~~
h!)u) H-/c.J f} b', &: ~ 1.0 ()
Form EN-028
Worker I D $ IATT
Date of Order:
NOV 1 ~i 7003
Service Type M
OMB No,; 0970-0154
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
D If ~hecked you are required to provide a copy of this form to your employee. If your employee works in a state that is
different from the state that issued this order, a copy must be provided 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/obligor.
4. * Reporting the Paydate/Date of Withholding. You must report the paydate/date of vvithholding vvhen sending ti,e payment. TMe
paydate/date of vvitl,holding is the date on vvhieh an,ount vvas vvithheld fron, ti,e en,ployee's vvages. 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.
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: 2323083920
EMPLOYEE'S/OBLlGOR'S NAME:
EMPLOYEE'S CASE IDENTIFIER:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
SHEPARD, GARRY A.
7293100684 DATE OF SEPARATION:
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 surn 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 (1 5 U.S.c. 91673 (b)l; 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
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 www.childsupport.state.pa.us
Page 2 of 2
Form EN-Ol8
Worker ID $IATT
Service Type M
OMB No,: 0970-0154
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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.
ORDER TO VACATE ATTACHMENT OF UNEMPLOYMENT BENEFITS
Financial Break Down of Multiple Cases on Attachment
Plaintiff Name
DOROTHY L. SHEPARD
P ACSES
Case Number
316103786
Docket
Number
01-4094 CIVIL
Attachment Amount/Frequency
$
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$
$
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$
276.00 IMONTH
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TOTAL ATTACHMENT AMOUNT: $ 0.00
The prior Order of this Court directing the Department of Labor and Industry, Bureau of
Unemployment Compensation Benefits and Allowances (BUCBA), to attach $ 0.00
or 50 % per week of the Unemployment Compensation benefits of
, Social Security Number 085-48-5226 ,
GARRY A. SHEPARD
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
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JUDGE
Date of Order:
NOV 1 3 2003
Service Type M
Form EN-035
Worker ID $IATT
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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 0 Vacated or o Suspended or
(i) Terminated without prejudice or 0 Terminated and Vacated,
effective OCTOBER 3 1, 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.
JUDGE
Service Type M
Form OE-504
Worker ID 21005
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Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
J.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.
GARRY A. SHEPARD,
CIVIL ACTION - LAW
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a divorce
decree:
1. Ground for divorce: Irretrievable breakdown under S3301 (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.
Dated: I , 'Z."- \",-(
Respectfully submitted,
JOHNSON, DU:!yIE, STEWAR'f2 WEIDNER
c7 . .c.-;" /1
By'/ / _____ L-
ark C. Duffie
Attorney I.D. No. 75 06
Attorneys for Plaintiff
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Johnson, Duffie, Stewart & Weidner
By: Keirsten W. Davidson
LD. 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
v.
NO.Ot - J../Clf~ CIVIL TERM
CIVIL ACTION - LAW
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
-;.
Johnson, Duffie, Stewart & Weidner
By: Keirsten W. Davidson
LD. 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/- LJo 9'1
CIVIL TERM
v.
CIVIL ACTION - LAW
GARRY A. SHEPHARD,
IN DIVORCE
Defendant
COMPLAINT IN DIVORCE
UNDER SECTIONS 3301(c) OR 3301(d) 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 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 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.
...
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:~W~
Keirsten W. Davidson
:146275
VERIFICA TION
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, Duffie, Stewart & Weidner
By: Keirsten W. Davidson
LD. 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
Pla:ntiff
NO. 01- "109"'1 CIVIL TERM
v.
CIVIL ACTION - LAW
GARRY A SHEPHARD,
IN DIVORCE
Defendant
AFFIDA vir
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. I 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: o/iY;J
: 146275
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Johnson, Duffie, Stewart & Weidner
By: Keirsten W. Davidson
LD. 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
CERTIFICA TE OF SERVICE
I hereby certify that on the 6th 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
BY:~LJ.~
Keirsten W. Davidson
:146275-6
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DOROTHY L. SHEPARD,
Plain tiff
IN THE COURT OF COMMON PLEAS OF
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.
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Plain tiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01 - 4094 CIVIL
GARRY A. SHEPARD,
Defendant
IN DIVORCE
WAIVER OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(C) 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.
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
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.
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DOROTHY L. SHEPARD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 4094 CIVIL
GARRY A. SHEPARD,
Defendant
IN DIVORCE
WAIVER OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(C} 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 ftled 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
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DOROTHY L. SHEPARD,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 01-4094 CIVIL TERM
PASCES NO. 316103786
GARRY A. SHEPARD,
CIVIL ACTION - LAW
Defendant
IN DIVORCE
ORDER OF COURT
J.,V" ~y -,
AND NOW, thi _ day of January 2004, the Order dated ."
the Divorce Master is hereby vacated.
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Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
J.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
v.
NO. 01-4094 CIVIL TERM
PASCES NO. 316103786
GARRY A. SHEPARD,
CIVIL ACTION - LAW
Defendant
IN DIVORCE
PETITION TO VACA TE APPOINTMENT OF DIVORCE MASTER
AND NOW, this 8th 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.
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,
By:
EIDNER
:222774
M rk C. Duffie
ttorney I.D. No 5906
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Plaintiff
CERTlFICA TE OF SERVICE
AND NOW, this r"'~ 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:
DNER
rk C. Duffie
ttorney 1.0. No. 7590
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION
NO .01 - 4094
LAW
vs.
CIVIL
19
GARRY A. SHEPARD
Ii\) DIVOHCE
Defendant
STATUS SHEET
U/-:1'[: :
ACTIVITIES:
~
.
DOROTHY L. SHEPARD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
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
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 01 - 4094 CIVIL
GARRY A. SHEPARD,
Defendant
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Mark C. Duffie
, Attorney for Plaintiff
Peter R. Henninger, Jr.
, 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, II
Divorce Master
Traci .10 Colyer
Office Manager/Reporter
West Shore
697-0371 Ext. 6535
May 12, 2003
Mark C. Duffie
Attorney at Law
JOHNSON, DUFFIE, STEWART
& WEIDNER
P.O. Box 109
Lemoyne, PA 17043
Peter R. Henninger, Jr.
Attorney at Law
PANNEBAKER & JONES, P.C.
4000 Vine Street
Middletown, PA 17057-3596
RE: Dorothy L. Shepard vs. Garry A. Shepard
No. 01 - 4094 Civil
In Divorce
Dear Mr. Duffie and Mr. Henninger:
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. Duffie 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.
GyI? ~W
DOROTHY L. SHEPARD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
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.
Aid A) 2-
I<IU~WP
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
1//)o!3
ATE
!lk;f~
COUNSEL FOR PLAINTIFF ( )
COUNSEL FOR DEFENDANT (?0
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
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
JOHNSON, DUFFIE, STEWART & WEIDNER
A Professional Corporation
301 MARKET STREET
P. O. BOX 109
LEMOYNE, PENNSYLVANIA 17043~0109
WEBSITE: www.jdsw.com
HORACE A. JOHNSON
COUNSEL TO mE FIRM
TELEPHONE 717-761-4540
FACSIMILE 717-761-3015
E-MAIL mail@jdsw.com
WRITER'S EXT. NO. 116
E-MAIL mjC@jdsw.com
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:
Enclosed please find a copy of Plaintiff's 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@jdsw.com.
Very truly yours,
mmb:213168
12482-1
Enclosure
c: Peter R. Henninger, Jr., Esquire (with enc.)
WEIDNER
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
CERTIFICA TION
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.
~~~
PANNEBAKER AND JONES. P. C.
FOUR THOUSAND VINE STREET
MIDDLETOWN, PENNSYLVANIA 17057-3596
TELEPHONE E-MAIL ADDRESS TELECOPIER
717-944-1333 pjpcOpannebaker-jones.com 717-944-4004
May 2, 2003
E. Robert Elicker, II, Esquire
9 N. Hanover Street
Carlisle, PAl 7013
RE: Shepard v. Shepard
No. 01-4094
Dear Mr. Elicker:
Enclosed please find Defendant's Certification in the above-matter.
S'" 'l )/ /
l~;r.el Y'(~//7 / ~
i ,//'.r(1l . !. 1/J(; It
p~e~ t/JHe.' g~r, Jr.v
Cc: Mark C. Duffie, Esquire, w/enclosure
Garry Shepard, w/enclosure
:s15 SHEPARD LT5203RE
#17080
VISIT OUR WEB SITE AT: www.pannebaker-jones.com
PETER R, HENNINGER, JR.
DONAlD L. JONES
JAMES B PANNEBAKER
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
/
DOROTHY L. SHEPARD,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
v.
NO. 01-4094 Civil Ternl
GARRY A. SHEPARD,
CIVIL ACTION - LAW
Defendant
IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Dorothy L. Shepard
with respect to the following claims:
. (Plaintiff) (Defendant) moves the court to appoint a master
[X] Divorce
[ ] Annulment
[X] Alimony
[ ] Alimony Pendente Lite
[X] Distribution of Property
[ ] Support
[ ] Counsel Fees
[ ] Costs and Expenses
and in support of the Motion states:
1. Discovery is complete as to the claim(s) for which the appointment of a master is requested.
2. The Defendant (has) (has not) appeared in the action (personally) (by his attorney,
3.
4.
The statutory ground(s) for divorce (is) (are)
Delete the inapplicable paragraph(s):
(a) The aotion is not oontested.
(b) An agreement has been reached with respect to the following claims:
).
23 P.S. 93301(c) or 23 P.S. 93301(d)
Peter R. Henninger, Jr.. Esquire
(c) The action is contested with respect to the following claims:
Alimony.
Equitable Distribution
5.
6.
7.
The action (involves) (does not involve) complex issues oflaw or fact.
The hearing is expected to take 4 (hours) (tlays).
Additional information, if any, relevant to the Motion:
Date:
: 163706
By:
)
ORDER APPOINTING MASTER
AND NOW, this ./7~ayof (~~../~_ju ~tJ~, ~ ~~~.LtiA /
Esquire, is appointed Master with respect to the following claims:
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DOROTHY L. SHEPARD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DOMESTIC RELATIONS SECTION
GARRY A. SHEPARD,
Defendant
IN DIVORCE
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
e
e
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
23
24
25
not going to call the Plaintiff as on cross.
proper?
Is that
THE MASTER:
MR. DUFFIE:
I am assuming you will then.
She will testify, and you can
2
e
e
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
14
15
16
17
18
19
20
21
22
23
24
25
Q
A
Q
you noted?
A
Q
A
it.
Q
A
Q
A
Q
Q
Mr. Shepard, give your full name and
Approximately three years.
And do you own that property? Rent it?
We are paying -- I am paying the mortgage on
Who owns the property?
It's jointly owned between me and Dorothy.
How much is the mortgage a month?
The mortgage is 728 a month.
You filed a petition to decrease the APL
order back in November. Is that correct?
A Correct.
3
e
e
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 subsequently 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
14
15 did you do?
16
A
Q
Onyx Industrial Services.
And what was your position with them? What
A
I was operation superintendent for an
17 industrial maintenance facility that handles steel mills
18 and power plants and such.
19 Q What was your last position with Onyx?
20 A I was working inside the PST, which is
21 Pennsylvania Steel Technologies, 2125 South Front Street in
22 Steelton.
23
24
25
Q
A
Q
Is that the Bethlehem Steel plant area?
Yes.
Is that a subsidiary of Bethlehem Steel?
4
1
2
3
4
5
6
7
8
9
10
11
e
.
A
Q
It's a subsidiary of Bethlehem Steel.
Now, how long have you been at that facility
working for Onyx?
A Working for Onyx I had been there close to
three years. I've been there at the steel mill through
Bethlehem Steel for the last nine years.
Q Now, you had -- what is -- you were
terminated November 6th or right around November 6th, 2001?
A Correct.
Q
A
What was the reason for your termination?
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
e
e
1 any work in the mill -- he would take the jobs and divy
2 them out. Granted there1s not that many more because of
3 the situation theY're in, but really the task is coming
4 from outside, in Maryland, and he1s 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
9
10
11
12
13
Q
A
Q
A
Q
A
Now, they terminated your services, correct?
Correct.
Then you filed for unemployment?
Yes.
And did you receive unemployment?
Right. Correct.
I received full
14 unemployment. There was no hearings or anything. They
15 awarded it to me.
16
17 request?
18
19
Q
So Onyx did not challenge your unemployment
A
Q
No.
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 didn1t have to pay Dorothy, write her checks
23 and send it all, 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
1
2 BY MR. HENNINGER:
3
Q
e
e
THE WITNESS: Four thirty.
$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
9
A
Q
Before the support it's still four thirty.
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
13
14
15
16
17
18
19
20
21
22
23
what week?
A
Q
A
Q
A
Q
A
Q
A
Q
Yes, I have them.
And they run from when to when?
11/24.
Would that have been your very first?
Yes, because they have a holding week.
And how much did you receive at that time?
I only received two eleven.
That's because of the support amount?
Right. Correct.
And then the last stub we have here is from
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
e
e
1 amended amount as per the hearing?
2
3
Right.
Correct.
A
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
23
Who's that with tomorrow?
Q
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
7
8
9
10
e
e
1
2
3
4
A
Land 0 Lakes. I don't know. You got me on
the spot.
Q
A
But you have had other interviews?
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?
A
Q
A
Q
Yes.
What were you making back at Onyx?
I was making $17.00 an hour.
And you say at the time of your termination
11 you were averaging how many hours?
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A
About 46. Yes, I really wanted to -- they
assessed me like I was working in the summer and as if
Bethlehem Steel was going strong, and that wasn't the case.
Q Now, I have -- you had provided me with some
pay stubs here. Going back from November 8th, would that
have been the last pay that you received from Onyx?
A Yes, that would be my two checks.
Q Now, I'm looking at these pay stubs. Your
last pay, November 8th, how many hours were you receiving?
A Twenty-eight hours. They also paid me forty
hours vacation, which they owed me.
Q
A
Q
That was your last check?
Right.
If we look at October 28th, how many hours
9
e
e
1 did you work?
2 A Forty-eight. Fifty-two.
3
4
5
6 October 14th?
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q
A
Q
That's October 21?
Yes.
We're getting out of order here. Hold on.
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Forty.
October 7th?
Fifty.
Point two five?
Point two five. 35.5
Hang on. September 30.
Forty.
I'm trying to go back ln order here.
Okay.
September 23rd?
Forty-six.
September 16th?
Fifty-two.
September 9th?
Fifty.
September 2nd?
Forty-eight point five.
And then October -- I mean August 26th?
Fifty point five.
10
e
~
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
5
6 exhibit?
7 (Whereupon, Defendant's Exhibit NO.1 was
8 marked for identification.)
A
Yes, that's correct.
THE MASTER: Could you have it marked as an
9 BY MR. HENNINGER:
10
11
12
13
Q
Now, you show no income, but, in fact, you
do have unemployment compensation.
Correct?
A
Q
Yes, sir.
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
19
20
Q
A
Q
How much is the mortgage?
Seven twenty-eight.
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
24
A
I am able to make ends meet, and that means
that I can make ends meet. That's no frills.
You know, I
25 can't do anything.
11
1
2 time?
Q
3
A
e
e
Have you done your 2001 tax return at this
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
12
13
14
15
16
17
18
A
Q
A
Q
A
Q
A
Yes.
What is it?
That's my taxes for 2000.
And that's -- a joint tax return was filed?
Yes.
And that was true and accurate at that time?
Correct.
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
e
e
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
e
e
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
6
7
8
9
10
11
12
Q
And you were never told any other reason?
That was the reason which they expressed or that they
expressed to you at that time?
A That's the reason they expressed to me at
that time.
Q Have they ever, since that time, expressed
any other reason for your termination?
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
20
21
22
23
24
25
looking for other jobs.
A Yes.
Is that right?
Q
How many interviews have you been on?
A I've only been on like three interviews.
Q So you've had three interviews. You said
RPS coming up, Land 0 Lakes, and maybe one other one?
A
I did quite a few.
I did an interview at
14
1
2
3
4
5
6
7
8
9
10
11
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Hempt Brothers in Camp Hill and the one down 83.
It's a
construction firm, but they needed a CDL driver, and I
don't have one of them. Other than the equipment -- I'm an
equipment operator.
Q You said you worked for Onyx for three years
and Bethlehem Steel for nine. You said that Onyx -- three
years was part of that nine years at Bethlehem Steel?
A Yes. Correct.
Q Where did you work prior to working for
Bethlehem Steel?
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
23
24
machinery?
A
Q
Yes.
What specifically were you doing with Onyx?
25 You were working with waste disposal or --
15
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1
2
3
A
Q
A
Yes.
-- was it --
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
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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
4
Q
The bulk of your resumes that have gone out
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
12
A
Not with -- not through the link and not
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
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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
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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
7
MR. DUFFIE:
THE MASTER:
I have nothing further.
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
13
14
15
16
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.
employees did. Is that correct?
A Yes.
Q That's the reason you were given?
A Yes.
Q But when I asked you why you were
19
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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
16
17 diploma.
18
19
20
21
22
23
24
25
Q
A
Sir, what is your educational background?
I'm -- I graduated with a high school
Q
A
Q
A
Q
A
Q
A
And you said you had military experience?
Yes, equipment operator.
What service?
Army.
How many years?
Five years.
What kind of equipment did you operate?
I operated general equipment. That's where
20
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I don't want to make the misunderstanding.
13
14
15 believe.
16
17
18
19
20
21
22
23
1
2
3
4
5
6
I do not do
heavy equipment as far as dozers, pans, and graders.
I do
not do those three. I operate excavators, gram buckets,
front end loaders, Bobcats, nine wheels, all kinds of
rollers, that sort of equipment.
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.
Q
A
When were you married?
I was married on July 23rd of '94, I
Q
A
Q
A
And when did you separate?
June 20th of last year, 2001.
And you have no children together?
No.
THE MASTER: Thank you. That's all I have.
Whereupon,
DOROTHY LOUISE SHEPARD
having been previously sworn, testified as follows:
24 DIRECT EXAMINATION
25 BY MR. DUFFIE:
21
1
2
3
4
5
6
7
8
9
please.
~
e
Q
Dorothy, can you state your full name,
A
Q
A
Q
A
Q
A
Dorothy Louise Shepard.
Where do you currently reside?
7887 Tickneck Road, Pasadena, Maryland.
And with whom do you reside?
My little sister, Victoria Wheeler.
Where did you reside prior to that address?
512 North Front Street, Apartment 4,
10 Wormleysburg, Pennsylvania.
11 Q And when did you leave there and move to
12 Maryland?
13
14 2000.
15
16
17
18 Wormleysburg?
19
A
I believe it was the first week of August,
Q
A
Q
2000?
Or 2001.
And when did you move into the residence in
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
24
25
A
Q
A
Yes, I was.
Where were you employed?
Texaco Food Mart, Cedar Cliff Drive, ln Camp
22
1
2
3
4
5
6
7
8
Hill.
Q
A
Q
A
Q
Food Mart?
A
e
e
What was your position?
I was a supervisor.
And how many hours did you work a week?
I worked an average of 40, 45 hours a week.
And where were you employed after the Texaco
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
17
18
19
20
21
22
23
24
25
A
Q
A
Yes, it is.
And what do you do at the training barn?
I'm caretaker of 23 horses.
Q And up until just recently how many hours
were you putting in at the training barn?
A Until recently I was putting in 30, 35 hours
a week, but one of the girls came back from college and now
she's working, so my hours have been cut to 20 hours a
week.
Q
So what's your -- what is your rate of pay
23
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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?
12
A
Q
A
Maryland.
Q
Shuttle?
A
What do you do for Baltimore Airport
11
13
15 airport to people's homes or hotels.
16
17
Q How many hours are you getting? Strike
that. Are you paid bi-weekly?
A Yes, I am.
Q How many hours are you getting in a two-week
period right now?
18
19
20
21
A
Between 23 and 24, 28 hours a week or every
22
23
two weeks.
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
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1 Q So you'd say basically you work somewhere
2 from 28 to 30 hours every two weeks maybe?
3
4
5
6
A
Q
A
Q
Correct.
And what's your rate of pay in Baltimore?
$6.50 an hour.
So you're working approximately 15 hours a
7 week for $6.50 an hour at Baltimore Airport Shuttle and
8 another 20 hours per week at the training barn at $6.00 an
9
10
11
12
hour?
A
Q
A
Correct.
Do you have recent pay stubs?
Yes, I do.
13 Q Are these two pay stubs from Baltimore
14 Airport Shuttle?
15
16
A
Q
Yes, they are.
And are those the only two pay stubs you
17 received so far?
18
19
20
21
22
23
24
25
A
Q
Yes.
And for the first pay stub, what's your
period ending date?
A February 8th, 2002.
Q And what is your gross earnings?
A $156.00.
Q And how many hours was that?
A Twenty-four.
25
1
2
3
Q
A
Q
e
e
And what was your net take home?
$138.66.
Let's do the same thing for the second pay
4 stub. Period ending date?
5
6
7
8
9
10
11
12
13
14
15
16
17
A
Q
A
Q
A
Q
February 22nd, 2002.
What is your gross earnings?
$186.88.
And your total hours?
Twenty-eight point seven five.
And your net take home pay?
A $164.08.
Q And those two checks again reflect 24 hours
and 28.75 hours?
A
As I testified, those are bi-weekly checks.
Q Do you have a copy of your income and
expense statement?
A
Yes, I do.
18 (Whereupon, Plaintiff's Exhibit No.1 was
19 marked for identification.)
20 BY MR. DUFFIE:
21
22
23
24
25
Q
A
Q
A
Q
Are you currently paying any rent?
Yes, I am.
And what's your rent?
$250.00 a month.
And you're paying that?
26
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1
2
A
Q
To my sister Vickie.
Do you have any other extraordinary
3 expenses?
4
5
A
Q
Normal car payment, insurance payment.
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
9
10
A Yes, it does.
the Baltimore shuttle job.
I also have an expense for
It costs me on a daily basis
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 payout 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
24
25
A
It's a dollar each way, and sometimes I have
to cross the bridge three and four times a day.
averages out between 8 and $12.00 a week.
It
27
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1
2 time.
MR. DUFFIE: I have nothing further at this
3
4
5
6
7
8
9
THE MASTER: Cross.
CROSS-EXAMINATION
BY MR. HENNINGER:
Q Do you have any pay stubs from Fence Post
Farms?
A
No. It is paid under the table. She's on
vacation.
She wasn't able to give me another letter.
10 There's a letter from the last hearing on January 11th
11 though.
12
13
Q
A
And how much do you get paid an hour there?
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 withhold taxes from that?
21
A
She pays me cash.
22 Q And now you're saying you're only working
23 twenty hours a week at that job?
24
25
A
Q
Yes.
You have no proof on that except your word,
28
1 correct?
2
3
e
e
A
Q
Correct.
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
9
10
11
12
13
14
15
shuttle somebody from the airport --
A If I have a passenger in the vehicle, they
pay for that tolli otherwise, if I'm just shuttling the van
back and forth, I pay for it and claim it at the end of the
year.
Q
A
Q
You don't get reimbursed from the company?
No, they said -- could I ask a question?
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
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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 me go.
4
5
6
7
8
9
10
11
12
13
Q
And how much were you making at that job,
how much an hour?
A It was $8.00 an hour.
Q Did you have any other jobs in Maryland
besides that one?
A I worked for 7-Eleven approximately three
weeks, and they cut my hours back to one night a week, so I
had to find other employment.
hours a day.
Q
A
And how much were you making at 7-Eleven?
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
18
19
20
A
Q
A
Q
Correct.
Was Texaco a full-time job?
Yes, it was.
And was the job with the nursing center, was
21 that a full-time job?
22
23
24
A
That was part-time, three days a week, three
Q
Were you working any other jobs when you had
25 that part-time?
30
1
2 Maryland.
3
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A
I was looking. I had just moved to
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
9
10 this time?
11
A
Q
Correct.
Are you looking for any other employment at
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
15 questions.
16
17
18 BY THE MASTER:
19
20
21
22
Market?
MR. HENNINGER: I don't have any other
THE MASTER: Redirect.
MR. DUFFIE: I have nothing further.
Q
A
Q
Ma'am, how old are you?
I'm forty.
How long had you worked at Texaco Food
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
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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
12
13
Q
A
What1s your educational background, ma'am?
GED.
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: WeIll close the record.
20 (Whereupon, the above proceeding was
21 concluded.)
22
23
24
25
32
e
.
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.
andley
Court Reporter
- - - - - - - - - - - - - -
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and
directed to be filed.
",
~~~i:~l .{, 2 eel-
t. '"' " ,'"
\\'\'A LlUL~~V.l<,Ll~
Michael R. Rundle, Esquire
Support Master
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____-.e-~.
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,
Defendant
: CIVIL ACTION-LAW
: IN DIVORCE
ANSWER TO PETITION FOR
SPECIAL EMERGENCY RELIEF
AND NOW, this 30th day of May, 2003, comes the Plaintiff, Garry A. Shepard, by and
through his attorney, Pannebaker & Jones, P.e. 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 Plaintiffs 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 Plaintiffs Petition for Special Emergency Relief, which
averments are accordingly denied.
1
6. Defendant is without knowledge or information sufficient to form a belief as to the
truth ofthe averments in paragraph 6 of Plaintiffs 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 Plaintiffs 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 Plaintiffs 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.
2
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 Plaintiffs 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 ofthe 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 ifnot 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 ofthe IDEX
IRA and that had a value of approximately $19,947.29 as of the date of separation, he
3
specifically denies that it has that amount currently. Defendant also specifically denies that the
IDEX IRA 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 ofa 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
4
fifty (50%) percent ofthose 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 Plaintiffs 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; ifin 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.
5
WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss the
Petition for Special Emergency Relief filed by the Plaintiff.
ectfully submitted,
B & JONES, P.c.
By:
P er R. Henninger, Jr., Esq
I.D. #44873
4000 Vine Street
Middletown, P A 17057
(717)944-1333
:sls SHEPARD PETITION53003
#17080
6
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 subject
:sls SHEPARD PETITION53003
7
CERTIFICATE OF SERVICE
AND NOW, this 30th 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. Duffie, Esquire
301 Market Street
PO Box 109
Lemoyne, PA 17043-0109
B~: ,
\f ter R. Henninger, Jr.,
I.D. #44873
4000 Vine Street
Middletown, P A 17057
(717)944-1333
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Johnson, Duffie, Stewart & Weidner
By: Keirsten W. Davidson
LD. No. 78243
301 Market Street
P.O.Box109
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
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
. ",
Johnson, Duffie, Stewart & Weidner
By: Keirsten W. Davidson
J.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(cJ OR 3301(dJ 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 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.
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.
COUNT 11I- 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 Plaintiff's.
WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter an award of
spousal supporValimony pendente lite until a final hearing, and alimony thereafter.
JOHNSON, DUFFIE, STEWART & WEIDNER
BY:~WJ\
Keirsten W. Davidson
:148242
. . .. I
VERIFICA TION
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 94904, relating to unsworn falsification to authorities.
Date: -, /,Cf / {)J
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Johnson, Duffie, Stewart & Weidner
By: Keirsten W. Davidson
LD. No. 78243
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
DOROTHY L. SHEPHARD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-4094
v.
CIVIL ACTION - LAW
GARRY A. SHEPHARD,
IN DIVORCE
Defendant
CERTIFICA TE OF SERVICE
I hereby certify that on the 25TH 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: ~ W We..
Keirsten W. Davidson
:148242
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CERTIFIED MAle RECEIPT
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or on the front if space permits.
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DR 30978
PACSES ID 316103786
DOROTHY L. SHEPARD,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DOMESTIC RELATIONS SECTION
CIVIL ACTION - LAW
GARRY A. SHEPARD,
Defendant/Respondent
NO. 01 4Q+9-CIVIL TERM
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ORDER OF COURT
INTERIM
AND NOW, this 31st 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 of982.00. 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.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 P A SCDU to: Dorothy L. Shepard. Payments must be
made by check or money order. All checks and money orders must be made payable to P A SCDU
and mailed to:
PA SCDU
P.O. Box 69110
Harrisburg, PA 17106-9110
Payments must include the defendant's P ACSES Member Number or Social Security Number in
order to be processed. Do not send cash by mail.
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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
Mailed copies on
8-31-01 to: <
BY THE COURT,
Petitioner
Respondent
Keirsten Davidson, Esquire
James Pannebaker, Esquire
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State Commonwealth of Pennsylvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 08/30/01
Court/Case Number (See Addendum for case summary)
c)) -- YoqL.J
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
2>,et. P./ -~/d/~ (1/P/L.
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~ 3097)(
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 plaintiff names assooated with cases on attachment)
) Custodial Parent's Name (Last, First, Mil
)
Employer/Withholder's Federal EIN Number
ONYX PRECISION SERVICE
Employer/Withholder's Name
215 S FRONT ST
Employer/Withholder's Address
STEELTON PA 17113-2538
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA nON: 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 (X) 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).
$ 1.025.00 per monthly pay period.
REMITTANCE INFORMA nON:
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, PA YMENTS 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:
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--=:~. Form EN-028
Worker JD $IATT
Date of Order:
AUG 3 1 2001
Service Type M
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OMS No,: 0970-01S4
Expiration Date: , 2/3 1/00
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o 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. * RepOltil,g ti,e Paydate/Date of 'vVitlll,oldil,g. You "lust H':polt tl,e paydate/date of vvitl,l,oldir '8 vvl,el, sel,din8 ti,e paylllellt. Tl,e
paydate/date of vvitl,lloldir,g is ti,e date 011 vvl,iel, allloul,t vvas vvitl,l,eld horn ti,e eJllployee's vvages. 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/OBLlGOR'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.e. S 1673 (b)l; 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
If you or your employee/obligor have any questions,
con tad
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by Internet @
Page 2 of 2
Form EN-028
Worker 10 $IATT
Service Type M
OMB No.: 0970-0154
Expiration Date: 12/31/00
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: SHEPARD, GARY A.
PACSES Case Number 316103786/30970'
Plaintiff Name I . ~
DOROTHY L. SHEPARD
Docket Attachment Amount
01-4049 CIVIL$ 1,025.00
Child(ren)'s Name(s):
DOB
If checked, you are required to enroll the child(ren)
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)
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)
above in any health insurance coverage available
through the employee's/obligor's employment.
Addendum
Service Type M
OMS No.: 0970-0154
Expiration Date: 12/Y1/00
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)
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)
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)
above in any health insurance coverage available
through the employee's/obligor's employment.
Form EN-028
Worker ID $IATT
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
jlGl. Of - ~ {l/L//L.
State Commonwealth of Pennsylvania jJrI{!~ES. 3/&>/D -3} S~
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 10/24/01 --O/C .5 09'7 Y
Court/Case Number (See Addendum for case summary)
o Original OrdE'r/Notice
o Amended OrdE'r/Notice
o TE'rminate OrdE'r/NoticE'
) RE: SHEPARD, GARY A.
) EmploYE'E'/Obligor', NamE' (East, Fir,t, MI)
)
)
)
)
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)
)
085-48-5226
Employee/Obligor's Social Security Numlwr
Fmployer/WithholdN" Federal EIN Number
ONYX PRECISION SERVICES INC
EmploYPr/WithholdN's Name
PO BOX 1900
EmploYN/Withholder's Addre"
ASHLAND KY 41105-1900
7293100684
F mployeE'/Obligor's CasE' IdentifiE'r
(See Addendum for plaintiff names associated with cases on attachment)
Custodial ParE'nt's NamE' (East, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TlON: 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 ex> 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).
$ 1.025.00 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/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: P A SCOU
Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEfENDANT'S NAME AND THE PACSES MEMBER 10 (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:
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Date of Order:
Service Type M
OMB No.: Oq 70-01.'4
Expiration Datt: 12/31/00
Form EN-028
Worker 10 21205
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o 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.* Rq.J'Jltil.g tl,e Payda:tefOate of'Nithholding. You must leport tl,e paydate/date of vvitl,hol,Jing vvhen~g the payn,ent~
paydatE'./date of vvitl,l,oldil,g is tl,e date on vvl.id, an ,OUl,t vvas vvithl,eld fl dJ11 tl,e en.ployee's vvages. You must comply with the law of the
"tate 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 reque"ted and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S 10: 3637976850
EMPLOYEE'S/OBLlGOR'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 (rom 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 Slate 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. 91673 (b)l; 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
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
Form EN-028
Worker 10 21205
Service Type M
OMB No.: 0970-0154
Expiration Date: 12/31/00
'"
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)\ Name(s):
PACSES Case Number
Plaintiff Name
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor\ employment.
D 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
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
D 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.
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor\ employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
Docket Attachment Amount
$ 0.00
Chi Id(ren)'s Name(s):
DOB
Dlf checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'slobligor's employment.
If checked, you are required to enroll the child(ren)
above in any health insurance coverage available
through the employee\/obligor's employment.
Addendum
Form EN-028
Worker 10 21205
Service Type M
OMB No.: 0970-0154
Expiration Date: 12/31/00
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Johnson, Duffie, 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
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-4094
DOROTHY L. SHEPARD,
v.
CIVIL ACTION - LAW
GARRY A. SHEPARD,
IN DIVORCE
Defendant
PRAECIPE TO CORRECT CAPTION
TO THE PROTHONOTARY:
Kindly correct the above caption to reflect the correct spelling of the parties' last name which is
SHE PAR D.
JOHNSON, DUFFIE, STEWART & WEIDNER
Dated: JQj COlD (
BY:~ lJJ,~
Keirsten W. Davidson
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
DOROTHY L. SHEPARD
Plaintiff
) Docket Number
)
) P ACSES Case Number
)
) Other State ID Number
vs.
GARY A. SHEPARD
Defendant
PETITION FOR MODIFICATION
OF AN EXISTING SUPPORT ORDER
1. The petition of
GARY ALLEN SHEPARD
, an Order of Court was entered for the
respectfully
represents that on AUGUST 30, 2001
support of
DOROTHY LOUISE SHEPARD
A true and correct copy of the order is attached to this petition.
Service Type M
ot-40Qy
.01 49.119 C':PLIL
316103786/301"7 f?
Form OM-SOl
Worker ID 21205
'10
SHEPARD
v. SHEPARD
PACSES Case Number: 316103786
2. Petitioner is entitled to 0 increase ~ decrease 0 termination 0 reinstatement
o other of this Order because of the following material and substantial change(s) in
circumstance:
~4Je~se complete ~his section by
~c...-I'eL1~e I 'lI\ tlJAy
f
I
listing the reasons for your request.)
WHEREFORE, Petitioner requests that the Court modify the existing order for support.
Petitioner
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.
/6 J}ov' 6 L
Date
Page 2 of2
Form OM-SOl
Worker ID 21205
Service Type M
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
DOROTHY L. SHEPARD ) Docket Number (j - 409lf
O'-4('l~ CIVIL
Plaintiff ) 31610378 6 /~O9' 7 f
VS. ) P ACSES Case Number
GARY A. SHEPARD )
Defendant ) Other State ID Number
PETITION FOR MODIFICATION
OF AN EXISTING SUPPORT ORDER
1. The petition of
GARY ALLEN SHEPARD
respectfull y
represents that on AUGUST 30, 2001
, an Order of Court was entered for the
support of
DOROTHY LOUISE SHEPARD
r.
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A true and correct copy of the order is attached to this petition.
Service Type M
Form OM-501
Worker ID 21205
., .
SHEPARD
V. SHEPARD
PACSES Case Number: 316103786
2. Petitioner is entitled to 0 increase ~ decrease 0 termination 0 reinstatement
o other of this Order because of the following material and substantial change(s) in
circumstance:
by listing the reasons for your request.)
WHEREFORE, Petitioner requests that the Court modify the existing order for support.
Petitioner
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.
t6 j}ov 6 L
Date
Service Type M
Page 2 of 2
Form OM-SOl
Worker ID 21205
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
lXt c ~ 01- Lt(lq~
State Commonwealth of pennsylvania Pf-l(!~E) 3/ u,r tJ3 7 50
Co./City/Dist. of CUMBERLAND ^ l?
Date of Order/Notice 11/21/01 .!JK 3{)Cj 7
Court/Case Number (See Addendum for case summary)
o Original Order/Notice
o Amended Order/Notice
(8) Terminate Order/Notice
)RE:SHEPARD, GARRY A.
) Employee/Obligor's Name (Last, First, Mil
) 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, Mil
)
Employer/Withholder's Federal EIN Number
ONYX PRECISION SERVICES INC
Employer/Withholder's Name
PO BOX 1900
Employer/Withholder's Address
ASHLAND KY 41105-1900
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA nON: 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? 0 yes @ 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 $ 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:
$ 0.00 per weekly pay period.
$ 0.00 per biweekly pay period (every two weeks).
$ 0.00 per semimonthly pay period (twice a month).
$ 0.00 per monthly pay period.
REMITTANCE INFORMA nON:
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, PA YMENTS 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:
Eotv/},e1J c".e
Form L
Worker.
Date of Order: NOi ~ (; 2001
. .
Service Type M
r..1iULED
.~~:/('d-& -0/ .
OMB No.: 0970-0154
Expiration Date: 12/31/00
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o 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.* Repoltillg ti,e raydate/Date of\'liitl,l,oldil,g. You IIIUst lepolt tl,e paydate,'date of vvitl.l,oldillg vvl,ell sel,dillg t1,e paylllel't. Ti,e
paydateldate of vvitl,l,oldillg is ti,e date 01, vvl,id, al"oUl,t vvas vvitl,l.eld {lOll' the elllployee's vvages. 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 JD: 3637976850
EMPLOYEE'S/OBLlGOR'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.e. S 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
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
Form EN-028
Worker 10 $IATT
Service Type M
OMS No.: 0970-0154
Expiration Date: 12/31/00
.. .
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: SHEPARD, GARRY A.
PACSES Case Number 316103786 J;DCj 7'1 PACSES Case Number
Plaintiff Name '/ - Plaintiff Name
DOROTHY L. SHEPARD
Docket Attachment Amount
01-4049 CIVIL$ 0.00
Child(ren)'s Name(s}:
DOB
.... ....
..... . . .
Olich~ck~d, 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
o 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
o 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.
Addendum
Service Type M
OMB No.: 0970.0154
Expiration Date: 12/31/00
Docket
Attachment Amount
$ 0.00
Child(ren)'s Name(s}:
DOB
o 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
Ch ild(ren)'s Name(s}:
DOB
o 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
..... ... ".
o 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.
Form EN-028
Worker ID $IATT
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In the Court of Common Pleas of
CUMBERLAND
County, Pennsylvania
DOMESfIC RELATIONS SECTION
13 N. HANOVER Sf, P.O. BOX 320, CARLISLE, PA. 17013
Defendant Name: GARRY A. SHEPARD
Member ID Number: 7293100684
Please note: AIl correspondence mnst inclnde the Member ID Nnmber.
ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS
Financial Break Down of MultiDle Cases on Attachment
Plaintiff Name
DOROTHY L. SHEPARD
-)
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P ACSES
Case Number
316103786
Docket
Number
01-409r1 CIVIL
Attachment Amount/Frequency
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$
$
I
$
1,025.00 I MONTH
~
/
/
%
'/
/
/
TOTAL ATTACHMENT AMOUNT:
$
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 $ 236.54
per week, or 50 %, of the Unemployment Compensation benefits otherwise payable to the Defendant,
GARRY A. SH~PARD 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.
Date of Order: NaV ~ " ,\.lOl
BY THE COURT
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DR 30978
PACSES ID 316103786
DOROTHY L. SHEPARD,
Plaintiff /Petitioner
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
CIVIL ACTION - LAW
GARRY A. SHEPARD,
Defendant/Respondent
NO. ZOO 1-4094 CIVIL TERM
ORDER OF COURT
AND NOW, this 11th day of January, 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 ofJanuary 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.9 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 P A SCDU to Dorothy Shepard. Payments must be made by
check or money order. All checks and money orders must be made payable to P A SCDU and mailed
to:
PA SCDU
P.O. Box 69110
Harrisburg, P A 17106-9110
Payments must include the defendant's P ACSES Member Number or Social Security Number in order
to be processed. Do not send cash by mail.
, .
..
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
Mailed copies on
1-11-02 to: <
BY THE COURT,
Petitioner
Respondent
Keirsten Davidson, Esquire
Peter Henninger, .II., Esquire
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Edward E. Guido
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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 ill Number.
MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS
Plaintiff Name
DOROTHY L. SHEPARD
Financial Break Down of Multiule Cases on Attachment
PACSES Docket
Case Number Number
3t/} 7'ii 316103786 01-4094 CIVIL
Attachment Amount/Frequency
$
~
$
$
~
$
268.67 IMONTH
~
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/
/
TOTAL ATTACHMENT AMOUNT:
$
268.67
Now, by Order ofthis 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
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
C f)u.YI/:.'jj L.
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JUDGE
Date of Order:
JAN 1
~ D';U~.
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DR 30978
PACSES ID 316103786
DOROTHY L. SHEPARD,
Plaintiff jPetitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DOMESTIC RELATIONS SECTION
CIVIL ACTION - LAW
GARRY A. SHEPARD,
Defendant/Respondent
NO. 2001-4094 CIVIL TERM
DEMAND FOR HEARING
DATE OF ORDER: January 1 L 2002
AMOUNT: 268.67 per month
FOR: Alimony Pendente Lite
REASON(S): Defendant was terminated fran his errployment on November 7, 2001, for
violating corrpany policies and has done nothing substantial since then to seek
alternative errployment. Plaintiff believes Defendant is intentionally atterrpting
to evade his support obligation. Defendant should be held to his prior earning
capaci ty .
P ARTY FILING DEMAND FOR HEARING:
~u~
Signature
\ - I~-{)?-
Date
Keirs ten W. Davidson, Esquire
Attorney for Plaintiff, Dorothy L. Shepard
v.J ~ o'S.'~
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DR 30978
PACSES ID 316103786
DOROTHY L. SHEPARD,
Plaintiff/Petitioner
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
CIVIL ACTION - LAW
GARRY A. SHEPARD,
Defendant/Respondent
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 ancome to the fact that
Plaintiff is being paid under the table and is not reporting her income
she should not get a reduction for taxes, tor wh~ch she obviously has no
intention of paying. Furthermore, Defendant be1ives Plaintiff's earning
PARTY FILING DEMAND FOR HEARING: to be in excess of $6.50 an hour.
Defendant/Respondent
s;g~
J 117/0 z..
Date
Peter R. Henninger, Jr., Esquire
Attorney for Defendant/Respondent
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In the Court of Common Pleas of
County, Pennsylvania
Phone:
Fax:
Plaintiff Name:
Defendant Name:
Docket Number:
PACSES Case Number:
Other State ID Number:
Please note: All correspondence must inclnde 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 ..DtJilPl1ij ,9tle...",,,,,,
Section I: Income and Insurance
INCOME:
a Period (wldy., bi-wldy., etc.)Ifj~J -JJi;J I /tJ1J/:d~
Itemized Payroll Deductions:
Federal Withholdin,!1 $/1. Uf Social Security $2-; 'I Local Wage Tax $
State Income Tax $ If, $"V Retirement $ Savings Bonds $
Credit Union $ Life Insurance $ Health Insurance $
Other Deductions (specify) S $
$ S
Net Pay per Pay Period S
OTHER (Fill in Appropriate Column)
INCOME WEEK MONTH YEAR
Interest S $ $
Dividends
Pension
Annuitv
Social Security
Rents
Royalties
Expense Account
Gifts
Unemployment
Workmen's
Comoensation
Other I ~pl>"_Id?~
Other
TOTAL $ $ S
TOTAL INCOME $
PROPERTY Ownership *
OWNED DESCRIPTION VALUE H W J
Checking Accounts / $
Savings Accounts I I
It
Credit Union (^ I r V
Stocks/Bonds b \ I II
Real Estate / Y;V
Other /
/
TdT AL 1$
* H=Husband; W=Wife; J=Joint
Service Type
PLA/NT/FPS
EXHIBIT
tF}{
Income and Expense Statement
PACSES Case Number
Coverage *
INSURANCE
COMPANY POLICY # H W C
Hospital I
Blue Cross
Other
Medical
Blue Shield
Other 'l ~
Health! Accident /'\ /1/
Disability Income , \
U
Dental
Other
* H=Husband; W=Wife; C=Child
Section IT: Supplemental Income Statement
a. This form is to be ruled out by a person
D (I) who operates a business or practices a profession, or
D (2) who is a member of a partnership or joint venture, or
D (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:
(I) the most recent Federal Income Tax Return, and
(2) the most recent Profit and Loss Statement
c. Name of business:
Address and telephone number:
d. Nature of business (check one)
D (I) partnership
D (2) joint venture
D (3) profession
D (4) closed corporation
D (5) other
e. Name of accountant, controller or other person in charge of fmancial 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:
Page2of3
Form IN-008
Worker ID
Service Type
Income and Expense Statement
Section ill: Expenses
PACSES Case Number
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 SupportJ APL or if
you assert your case cannot be determined according to the guideline grids or fonnula, this section must be fully completed.
(Fill in Appropriate Column)
EXPENSES
WEEK MONTH YEAR
Home
Mortgage/Rent $ $d,~ $
Maintenance
Utilities
Electric $ $. $
Gas
Oil
Telephone
Water
Sewer
Emolovment
Public Transport. $/U 1?trfi}L-- $ $
Lunch ,
Taxes
Real estate $ $ $
Personal Property
Insurance
Homeowner's $ $ $
Automobile /.;;;r;g/
Life
Accident
Health
Other
Automobile
Payments $ or $
Fuel -9fj!J. ~ ~/)
Repairs
Medical
Doctor $ ~ $ /;)nCV
Dentist
Orthodontist
Hospital ..I..:l!!iiwJ1X' I/" /I/L
Medicine
special nee<ls
(glasses, braces,
. vi{"~)
I Total I W~5K
Expenses: ~IJ
EXPENSES (Fill in Appropriate Column)
(continued) WEEK MONTH YEAR
Education
Private School $ $ $
Parochial School
College
Religious
Personal
Clothing $ $ $
Food 11'~u-v
Barber/
Hairdresser
Credit Payments $W9@
Credit Card gDo~-?
Charge ,
Memberships
Loans
Credit Union $ $ $
Miscellaneous
Household Help S $ $
Child care
Paperslbooks
Maaazines
Entertainment
Pay TV
Vacation
Gifts
Legal fees
Charitable
Contrihutions
Other l:hild
Snnnort
Alimony
PaVIDPnts
Other L
$ - $
I verify that the statements made in this Income and Expense S
statements herein are subject to the criminal penalties of 18 Pa.
j)JI/02-
D+ !
Service Type
s
I understand that false
om falsification to authorities.
Page3of3
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: 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
INCOME:
Section I: Income and Insurance
A)OVl ~
Employer
Address
Type of Work
Payroll No. Gross Pay per Pay Period $
Pay Period (wldy., bi-wldy., etc.)
Itemized Payroll Deductions:
Federal Withholding $ Social Security $ Local Wage Tax $
State Income Tax $ Retirement $ Savings Bonds $
Credit Union $ Life Insurance $ Health Insurance $
Other Deductions (specify) S $
$ $
Net Pay per Pay Period $
OTHER (Fill in Appropriate Column)
INCOME WEEK MONTH YEAR
Interest $ $ $
Dividends
Pension
Annuitv
Social Security
Rents
Royalties
Expense Account
Gifts
Unemployment
Workmen's
ComDensation
Other
Other
TOTAL $ L$ $
TOTAL INCOME $ .J..JOVlf'
Service Type
PROPERTY
OWNED
Ownership *
DESCRIPTION
VALUE
H W J
Checking Accounts
Savings Accounts
Credit Union
Stocks/Bonds
Real Estate
Other
TOTAL $
* H=Husband; W=Wife; J=Joint
Form IN-008
Worker ID
Income and Expense Statement
P ACSES Case Number
Coverage *
INSURANCE
1\ COMPANY POLICY # H W C
Hospital )JQ,'}, t
Blue Cross
Other
Medical J OV!.Q
Blue Shield
Other
Health! Accident rJ U.0 vte.
Disability Income ) J ul1P
Dental d l.I C) Vt (J
Other AI,:) ~. e
* H=Husband; W=Wife; C=Child
Section II: Supplemental Income Statement
a. This form is to be f1Iled out by a person
o (1) who operates a business or practices a profession, or
o (2) who is a member of a partnership or joint venture, or
o (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 Loss Statement
c. Name of business:
Address and telephone number:
d. Nature of business (check one)
o (I) partnership
o (2) joint venture
o (3) profession
o (4) closed corporation
o (5) other
e. Name of accountant, controller or other person in charge of fmancial records:
f. Annual income from business:
(I) How often is income received?
(2) Gross income per pay period:
(3) Net income per pay period:
(4) Specified deductions, if any:
Page20f3
Form IN-D08
Worker ID
Service Type
. ,#
Income and Expense Statement
Section ill: Expenses
PACSES Case Number
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 fonnula, this section must be fully completed.
(Fill in Appropriate Column)
EXPENSES
WEEK MONTH YEAR
Home
Mortgag~' $ $72~ $
Maintenance ";?,~
Utilities
Electric $ $ /0 $
Gas 7rJ
Oil ---.
Telephone 10
Water 0/0
Sewer C-J('J
Emolovment
Public Transport. $ $ '- $
Lunch ""--'
Taxes
Real estate $ $ $
Personal Property ~
Insurance
Homeowner's $ $ -- $
Automobile "'-
Life <:..b ~ )
Accident
Health
Other
Automobile
Payments $ $ '- $
Fuel S-O
Repairs e;-OC ~
Medical
Doctor $ $ . uAiJ€-. ~
Dentist 'Lf\ iJij/ (..11
Orthodontist . ,
Hospital jJ i?Vj, e
Medicine VOVl. ..p
special nee<ls
(glasses, braces, "2..S0
. dpvi{"~1
EXPENSES (Fill in Appropriate Column)
(continued) WEEK MONTH YEAR
Education jlL J~
Private School $ $ $
Parochial School
College J
Religious
Personal
Clothing $ $ S-O $
Food /00
Barber/ / ("j
Hairdresser
Credit Payments /DO
Credit Card
Charge
Memberships iA VU ~ VI, l.liet ZL.JC/
Loans
Credit Union $ $ j ,f-)I,1 P $
.
Miscellaneous
Household Help S $A {00f"' $
Child care J,/ Oltt (J
Papers/books ;L ,~
Maaazines
Entertainment /~
Pay TV /'/
...." L ..J
Vacation '-
Gifts --
Legal fees . c" ~G::::.. -
Charitable ---
Contributions
Other Child "--"
SUDoort
Alimony 6D
Pavment~
Other
$ $ $
I Total I WEEK MONTH YEAR I
Expenses: $ $ $
I verify that the statements made in this Income and Expense Statement are true and correc. understand that false ,rot/.
statements herein are subject to the criminal penalties of 18 Pa. .. 904, relating . wo falsification to authl/
-:)-lz - 0:z- /
Date .
Service Type
Page 3 of3
Form IN-008
Worker lD
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 Report for 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.
"S~vJij
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.comjpreferredclient.
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.
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.
Chiij
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.
DEFENDANT'S
EXHIBIT
Investment services and securities products offered through H&R Block Financial
SIPC, a subsidiary of H&R Block, Inc. H&R Block, Inc. is not a registered broker/d~.
JustforYou(2000) FDJUST4U-1V1.0
Form Soflw are COPYrlgh t 1996 - 2001 H &R B lock Tax Services, Inc.
2 trH ~r NYSE,
H&R Block Advantage
Date of H&R Block Tax Preparation Serv ces - 2/10/2001
Prepared by:
Prepared for:
GARRY A & DOROTHY L SHEPARD
1701 CEDAR CLIFF DR
CAMP HILL, PA 17011
H AND R BLOCK EASTERN TAX
5072A JONESTOWN ROAD
HARRISBURG, PA 17112
ForYear-roundService,call: (717) 652-1202
Your Preparerwas: GWENDOLYN BROWN
Return(s) prepared:
FEDERAL, PA
Fee for services:
$
Block Advantage:
~ Satisfaction Guarantee
- lIVe guarantee quality work. In the unlikely eventthat your return has an
error, H&R Block pays the penalty and interest resulting from the error.
~ Personalized advice and tax planning based on your specific situation.
~ Year- round assistance.
~ Aud it Assistance.
~ Tax return maintenance for a full three years or longer if required by the state.
~ Appointments available any time, at your convenience.
~ 1- 800- HRBLOCK available for client service and office locator needs.
~ \/\/ithholding fYV- 4) planning according to your preferences.
~ Refund Rewards coupons - merchandise discounts at your favorite places.
~ If your return is prepared anytime betwe,en January 1, 2001 to April 16, 2001
you will automatically be entered in the "The H&R Block $1,000,000 Giveaway"
- ask your preparerfor details!
~ The convenience of over 9,000 locations nationwide to serve you.
~ H&R Block Advantage Plus program, which provides special offers from
partners related to your financial needs.
Cost:
Add itional Services Available from H&R Block:
. Electronic filing options, 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 your fees from the anticipated refund.
o Direct Deposit - Your refund deposited by IRS into your personal account.
· Peace of Mind (POM) Guarantee - Extends your guarantee to include the reimbursement oftaxes 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 Services, including retirement planning and investment and brokerage services offered
through H&R Block Financial Advisors, Inc., member NYSE, SIPC, a subsidiary ofH&R Block, Inc.
H&R Block, Inc. is not a registered broker/dealer.
Advantaae (2000) FDADV- 1V 1.0
Form Softwar~ Copyright 1996 - 2001 H &R B lock Tax Services, Inc.
197.00
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Regular Office Version
Income Tax Summary Worksheet
GARRY A & DOROTHY L SHEPARD
INCOME
7. Wages, salaries, tips........ .............
8a. Taxable interest income..................
9. Ordinary dividend income..................
10. State/local tax refunds. ..................
11. Alimony received..... .......... ...........
12. Business income (loss). ........ ...........
13. Capital gain (loss).......................
14. Other gains (losses). ..... ....... .........
15b. Taxable IRA dist. . . . . . . . . . . . . . . . . . . . . . . . .
16b. Taxable pensions. . . . . . . . . . . . . . . . . . . . . . . . .
17. Rents, partnerships, etc:..... ..... .......
18. Farm income (loss). ............ ... ........
19. Unemployment comp.........................
20b. Taxable soc.security..... ................
21. Other income..............................
22. Total income..............................
ADJUSTMENTS
23. IRA deduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24. Student loan interest deduction... ........
25. Medical Savings deduction..... .... ........
26. Moving Expense.... . . . . . . . . . . . . . . . . . . . . . . . .
27. Self-empl.tax deduct. .......... .... .......
28. Self-empl.health ins. ..... .... ............
29. KEOGHs, SEPs, and SIMPLEs... ...... ..... ...
30. Sav.withdrawal penalty....... ......... ....
31a. Alimony paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32. Total adjustments.... ..... ..... ...........
ADJUSTED GROSS INCOME
33. Line 22 less line 32....... .... ...........
TAXABLE INCOME
36. Itemized deductions. ............. .........
Medical expenses.. .......... ............
Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Deductible interest........ .............
Contributions. . . . . . . . . . . . . . . . . . . . . . . . . . .
Casual ty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous deduct......... ...........
Total itemized............................
36. Standard deduction.. ......... ..... ........
38. Exemptions................................
39. Taxable income............................
TAX COMPUTATION
Tax from Tax Table (00) Tax Table (99)...
Additional taxes..... ......... ..... .......
41. Al t . minimum tax..... . . . . . . . . . . . . . . . . . . . . . .
42. Tax before credits.... ............. .......
CREDITS
43. Foreign tax credit........................
44. Child care................................
45. Elderly or the disabled.. .......... .......
46. Education credits.... ...... ... ............
47. Child tax credit..........................
2000
085-48-5226
2000 1999
61,232 53,071
1 23
0 0
41 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 266
0 0
100 0
61,374 53,360
200 2,000
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
200 2,000
61,174 51,360
0 9,677
4,284 3,083
5,384 6,649
0 0
0 0
0 0
9,668 19,409
7,350
8,400 13,750
43,106 18,201
6,469 2,734
0 0
0 0
6,469 2,734
0 0
0 0
0 0
0 0
0 1,500
48. Adoption credit...........................
49. Other credi ts . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SO. Total credits.............................
51. Tax after credits.... ...... ...............
OTHER TAXES
52. Self-employment tax.... .... .... ... ........
53. Soc.sec.tax on tips.... .... ........ .... ...
54. Tax on IRA & other plans.... ... .... .......
55. Advanced EIC payments... ........... .......
56. Household Employment taxes.. ..............
Miscellaneous taxes. ......... .......... ...
57. Total tax.................................
PAYMENTS
58. Federal withholding.......................
59. Estimated payments... .............. .... ...
60a. Earned income credit...... .... .... .... ...
61. Excess FICA withheld. ........ ...... .......
62. Additional child tax credit... ...... ......
63. Amount paid w/ exten.... ...... ...... ......
64. Other payments.... . . . . . . . . . . . . . . . . . . . . . . . .
65. Total payments.... . . . . . . . . . . . . . . . . . . . . . . . .
REFUND
66. Overpayment...............................
67 a. Refund due.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68. Applied to next year estimates. ........ ...
AMOUNT DUE
69. Amount owed with return...................
70. Penalty for underpay tax..... .............
OTHER COMPUTATIONS
Net invest.inc.for F4952. ...... .... .... .......
Alt.Min.Taxable Income... ...... .... ........ ...
Total tax pref. & adjmts...................... '.
Marginal Tax Bracket. ............ .............
Filing status.................................
2001 ESTIMATED TAXES
Due 04/16/2001
Due 09/17/2001
0 0
0 0
0 1,500
6,469 1,234
0 0
0 0
0 0
0 0
0 0
0 0
6,469 1,234
12,868 11,014
0 0
0 0
0 0
0 0
0 0
0 0
12,868 11,014
6,399 9,780
6,399 9,780
0 0
0 0
0 0
0 0
55,749 36,318
4,243 4,367
15% 15%
Married Filing Married Filing
Jointly Jointly
o
o
Due 06/15/2001
Due 01/15/2002
o
o
-[[[[[]-w
GARRY A. SHEPARD
DOROTHY L. SHEPARD
Tax Return Signature/Consent to Disclosure
Self- Select PIN without Direct Debit by ERO
ERO Signature
I am signing this Tax Return by entering my PIN below.
ERO'sPIN 23000600363
Tax Return Signature OtiLt~
Under penalties of perjury, I declare that I haveexa this r n th. st yknow belief, it is true, correct, and complete.
Consent to Disclosure
i ",",oo,to my Ei_,~ _m O""..to, (ERO) " m. ,dl y iR "" """"" to theiRS "'d., my ERO "dlo,""",,'"
an acknowledgment of receipt of transmission and an ind ication of whether or not my return is accepted, and, if rejected, the reason(s) for the rejection, and, if I
am applying for a refund anticipation. loan or similar product, an indication of a refund offset. Ifthe processing of my return or refund is delayed, I authorize the
IRS to disclose to my ERO and/ or transmitter the reason( s) for the delay, or when the refund was sent.
I am signing this Tax Return/Consent to Disclosure by entering my Self. Select PIN below.
Taxpayer'sPIN....:.............O.... Q60I1tOe... T.. .............
Taxpayer's Date of Birth............. ..... .... /
Taxpayer's Prior Year Adjusted Gross In e . . . . . . ,
Taxpayer's Prior Year Total Tax .... . . ... . . . . ,2
Spouse's PIN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6434 6
Spouse's Date of Birth. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02 / 1 6/1962
Spouse's Prior Year Adjusted Gross Income. . . . . . . . . . . . . . 51 , 360
Spouse's Prior Year Total Tax . . . . . . . . . . . . . . . . . . . . . . . . . 1 , 234
02/10/2001
FILE
Wrksht- 8453D 12000\ FD8453WD- 1V 1.8
Form Sottw are Copyrigh ( 1996. 2001 H &R B lock Tax Services, Inc.
Form 1 040
Label
(See
instructions
on page 19.)
Use the IRS
label.
Otherwise,
please print
or type.
Presidential ~
Election Campaign
See a e19.
1
2
3
4
Check only
one box.
Exemptions
lfmorethan six
dependents,
see page 20.
Income
Attach
Fonns W- 2 and
W- 2G here.
Also attach
Fonn(s} 1099- R
if tax was
withheld.
If you did not
geta W. 2,
seepage21.
Enclose, butdo
notattach,any
payment.A1so,
please use
Form 1040- V.
Adjusted
Gross
Income
KBA
Department ofthe Treasury - Internal Revenue Service
U.S. Individual Income Tax Return
~@oo
__ Donotwriteorsta leinthiss ace.
For the ear Jan. 1- Dec. 31 2000 or other tax
20 OMBNo.1545-0074
Your social security number
085-48-5226
GARRY A SHEPARD
DOROTHY L SHEPARD
1701 CEDAR CLIFF DR
CAMP HILL, PA 17011
Spouse's social security number
214-86-4346
1 Important! 1
You must enter
your SSN(s) above.
You Spouse
~ Yes X No
X
} No. of boxes
. ~~~~~e8bon 2
. No. of your
4) if qual.;:'~~:ren on 6c
child for 1
chil tax r.. lived with you_
. did not live with
you due to divorce
or separation
(see page 20) -
Dependents on
6c not entered
above
d Total number of exem tions claimed
7 Wages, salaries, tips, etc. Attach Form(s) W. 2 _____________________________________________
22 Add the amounts in the far ri ht
23 IRA ded uction (see page 27) .
24 Student loan interest deduction (see page 27)
25 Medical savings account deduction. Attach Form 8853
26 Moving expenses. Attach Form 3903
27 One- half of self- employment tax. Attach Schedule SE
28 Self- employed health insurance deduction (see page 29)
29 Self- employed SEP, SIMPLE, and qualified plans.
30 Penalty on early withd rawal of savings
31a Alimony paid b Recipient's SSN ~
32 Add lines 23 through 31a
33 Subtract line 32 from line 22. This is our ad usted ross income
For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see page 56.
---------------------------------------------~-------------------------------------------
8a Taxable interest. Attach Schedule B if required .
b T ax- exempt interest. Do not include on line 8a. 8b
190 Ordinarydividen Sche quired N. C).T.
Taxable refund d local i t (s age . ..
11 A1imonyreceiv .... .. . ...
12 Business inca C orC-. ... . .
13 Capitalgaino chD a,checkh... .... ~D
14 Other gains or (losses). Attach Form 4797 . . . . . .
15a TotallRAdistributions . . ~ I b Taxableamt
16a Total pensions and annuities. ~ b Taxableamt
17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E.
18 Farm income or (loss). Attach Schedule F .
19 Unemployment compensation .
20a Social secu rity benefits. 2
21 Other income. List type and amo
TAX REBATE 100
~
200.
24
25
26
27
28
29
30
31a
.~
32
33
Fonn1040(2000) FD1040-1V1.25
Form Software Copyright 1996.2001 H&R Block Tax SerVices, Inc.
Add numbers
.~~~:r:~oc::;. ~
61,232.
1.
41.
100.
61,374.
200.
61,174.
Form 1040 (2000)
Form 1040 2000
Tax and
Credits
Standard
Deduction
for Most
People
Single:
$4,400
Head of
household:
$6,450
Married filing
jointly or
Qualifying
widow(er):
$7,350
Married
filing
separately:
$3,675
Other
Taxes
Payments
If you have a
qualifying
child, attach
Schedule EIC.
Refund
Have it
directly
deposited!
See page 50
and fill in 67b,
67c and 67d.
Amount
You Owe
Sign
Here
Joint return?
See page 19.
Keep a copy
for your
records.
Paid
Pre parer's
Use Only
GARRY A & DOROTHY L SHEPARD
34 Amount from line 33 (adjusted gross income) . . . . . . . . . . .
35a Check if: 0 Youwere650rolder, 0 Blind; 0 Spouse was 65 or older, O~lin~.
Add the numberofboxes checked above and enter the total here . ~ 35a
b If you are married filing separately and yourspouse itemizes deductions, or
you were a dual- status alien, see page 31 and check here
36 Enter your itemized deductions from Schedule A, line 28, or standard deduction shown
on the left. But see page 31 to find your standard deduction if you checked any box on
line 35a or 35b or if someone can claim you as a dependent.
37 Subtract line 36 from line 34.
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60a
b
61
62
63
64
65
ings
~ Your signature
For Info Only-Do not fil
Spouse's signature. If ajoint return, both must sign.
For Info Only-Do not fil
Preparer's ~ Date
signature , 2/10/01 self- em
Firm's.name(or ~ HAND R BLOCK EASTERN TAX
~~~:~~:~~~~~"HARRISBURG, PA 17112-0000
Date
Your occupation
INDUSTRIAL MNT
Spouse's occupation
HOUSEWIFE
KBA
Form 1040 (2000) F01040- 2V 1.25
Form Softwara Copyright 1996 - 2001 H&R 8 lock Tax Services, Inc.
085-48-5226 Pa e2
34 61,174.
9,668.
51,506.
8,400.
43,106.
6,469.
~
6,469.
~
6,469.
6,469.
~ 65
66
~ 67a
12,868.
6,399.
6,399.
~ 69
Daytime phone number
Preparer's SSN or PTIN
EIN 43-1632899
Phoneno.(717) 652-1202
Form 1040 (2000)
Department ot the Treasury
Internal Revenue Service 99
Name(s) shown on Form 1040
GARRY A & DOROTHY L SHEPARD
Medical Caution. Do not include expenses reimbursed or paid by others.
and 1 Med ical and dental expenses (see page A- 2) ~ _______________________
Dental
Expenses
SCHEDULE A
(Form 1040)
Taxes You
Paid
(See
page A- 2.)
Interest
You Paid
(See
pageA- 3.)
Note.
Personal
interest is
not
deductible.
Gifts to
Charity
If you made a
gift and got a
benefit for it, 16
see pageA- 4.
17
18
Casualty and
Theft Losses 19
Job Expenses 20
and Most
Other
Miscellaneous
Deductions
21
22
(See
pageA-5for
expenses to
deduct here.)
23
24
25
26
Other 27
Miscellaneous
Deductions
Schedule A - Itemized Deductions
OMS No. 1545- 0074
~@OO
Attachment
S uenceNo.07
Your social security no.
085-48-5226
~ Attach to Form 1040.
~ See I nstructions for Schedule A (Form 1040).
2 Enter amou nt from Form 1040, line 34 2
3 Multiply line 2 above by 7.5% (.075)
4 Subtract line 3 from line 1. If lin
5 State and local income taxe
6 Real estate taxes (see pag
REAL ESTATE T
7 Personal property taxes
8 Other taxes. List type and amount ~__________________________________
OCCUPATIONAL TAX 20.
9 Addlines5throu h8.
10 Home mortgage interest and points reported to you on Form 1098.
11 Home mortgage interest not reported to you on Form 1098.lfpaid
to the person tromwhom you boul:lhtthe home, see pagt;lA- 3 and
show that person's name, identifying no., and address ~
:~ ;~~~~;;~:~fillil,::-
14 Addlines10throu h13 .
15 Gifts by cash or check ~ ____________________________________________
4,284.
5,384.
Unreimbursed employee expenses. Attach Form 2106 or 2106- EZ it required.
WORK BOOTS 120.
if}iI-()~--15(j~s:----------------------------------------2-2-8-:
o .
Total 28 Is Form 1040, line 34, over $128,950 (over $64,475 if married filing separately)?
Itemized ~ No. Your deduction is not limited. Add the amounts in the far right column }
Deductions for lines 4 through 27. Also, enteron Form 1040, line 36.
o Yes. Your ded uction may be limited. See page A- 6 for the amount to enter.
9,668.
KBA For Paperwork Reduction Act Notice, see Form 1040 Instructions.
Schedule A (Form 1040) 2000
SchA-1040120001 FDA-1V1.9
Form Sottware'Copyrght 1996- 2001 H&R Block Tax Services, Inc
Form 8606
OMB No. 1545-1007
~@OO
Attachment
SeQuence No. 48
I Your social security number
085-48-5226
Home address (number and street, or P.O. box ifmail is not delivered to your home) I Apt. no.
Nondeductible IRAs
~ See separate instructions.
~~~r~~~R8;~eO~u~~::v~~:urrg9\ ~ Attach to Form 1040 Form 1040A or Form 1040NR.
Name. If married, file a separate form for each spouse req uired to file Form 8606. See page 5 of the instructions.
GARRY A SHEPARD
Fill in Your Address Only
if You Are Filing This
Form by Itself and Not
With Your Tax Return
~
City, town or post office, state, and ZIP code
Lieai'tld Traditional and SIMPLE IRAs
Complete Part I if:
. You made nondeductible con
. You received distributions fro
IRA in 2000 or an earlier year,
· You converted part, but not all, 0 radition
contributions to a traditional IRA in 2000 or an earlier
1 Enteryour nondeductible contributions to traditionallRAs for 2000, including those made for 2000
from January 1,2001, through April 16, 2001. See page 3 ofthe instructions
2 Enter your total basis in traditionallRAs for 1999 and earlier years. See page 3 of the instructions
3 Add lines 1 and 2 .
Did you receive any
distributions from
traditional or 51 MPLE
I RAs or make a Roth IRA
conversion in 20007
4 Enter only those contributions included on
16,2001. See page of the instructions
5 Subtract line 4 from line 3
6 Enter the value of all your traditional and SIMPLE IRAs as of December
31,2000, plus any outstanding rollovers. See page 4 ofthe instructions.
1
2
3
1,800.
16,000.
17,800.
6
10
7 Enter your total distributions from traditional and SIMPLE IRAs in 2000. Do
not include rollovers or Roth IRA conversions. See page 4 ofthe instructions
8
Add lines 6 and 7. (But if you cOD v
amount from traditional or SIMPL
Roth IRAs in 2000, see page 4 of
instructions forthe amountto en .
Divide line 5 by line 8 and enter
least 3 places). Donotenterm . 00".
Multiply line 7 by line 9. This is the amount of your nontaxable distributions for 2000
9
10
11 Subtract line 10 from line 5. (But if you converted any amount from traditional or SIMPLE IRAs to Roth
IRAs in 2000, see page 6 ofthe instructions forthe amount to enter.) This is your basis in traditional
IRAs as of December 31 ,2000 .
12 Add lines4 and 11. This is your total basis in traditionallRAsfor 2000 and earlier years .
13 Taxable distributions from traditional and SIMPLE IRAs. Subtract line 10 from line 7. Also include
thisamountonForm1040 line 15b. Form 1040A li 0 line 16
Jiii'tU 2000 Conversions From Tradi a or S RAs t
Caution: If your modified adjusted gross
spouse at any time in 2000, you cannot
11
12
17,800.
13
14a
b Enter the portion ofthe amount on line 14a that you recharacterized back to a trad itional or SIMPLE
IRA. Do not include earnings or reduce the amount recharacterized by any loss that occurred in the
Roth IRA. See page 5 ofthe instructions
c Subtract line 14b from line 14a. This is the net amount you converted to Roth IRAs in 2000
15 Enter your basis in the amount on line 14c from trad itionallRAs. See page 6 ofthe instructions
16 Taxable amount of conversions. Subtract line 15 from line 14c. Also include this amount on Form
1040 line 15b. Form 1040A line 11b. or Form 1040NR line 16b .
KBA For Paperwork Reduction Act Notice, see page 8.
14b
14c
15
16
Form 8606 (2000)
Form 8606 (2000) FD8606-1V 1.41
Form Software Copyright 1996. 2001 H&R B lock Tax Services. Inc.
Declaration Control Number (DCN)
[QIQJ 12 3 0 0 0 6 I-I
Form PA- 8453
PENNSYLVANIA INDIVIDUAL INCOME TAX
DECLARATION FOR ELECTRONIC FILING
Fortheyear January 1 - December 31,2000
Spouse's Social Security Number
214-86-4346
2000
Your Social Security Number
085-48-5226
Last Name First Name, Initial & Spouse's First Name & Initial- Spouse's last name (only itdifferent)
P . t T SHEPARD GARRY A & DOROTHY L
rm or ype
Home Add ress (Number and Street includ ing Rural Route or P.O. Box)
1701 CEDAR CLIFF
City, Town, or Post Office
CAMP HILL
Zip Code
17011
61,233
1,715
1,858
143
6. Routing transit number (RTN)
7. Depositor account number (DAN)
8. Type of account:
D Checking
D Savings
a.
X b.
on lines 6 th rough 8 is correct. If
nd
c.
Direct Debit (automaticwithdrawal)entry
I Income Tax Return for payment of my
ize the financial institutions involved in the
processing of m me eceive co ntiel ati ans inquiries and resolve issues related to my
payment. Under this au ,I can revok is auth tion the P ylvania Department of Revenue no later
than two business days prior to the payment (settlement)date. I understand that noti ication must be made in writing by one of the following
methods: E- mail Address: ra- achrevok(!llstate.pa.us or Fax Telephone Number: (717)772- 4193.
If I have filed a balance due return. I understand that if the PA Department of Revenue does not receive full and timely payment of my tax liability. I will remain liable for the tax
Iia.bility and all applicable interest and penalties. If I have filed a joint federal and state tax return and there is an error on my state return, I understand my federal return will be
reJ ect ed.
I declare that under penalties of perjury. I have compared the information on my return with the information I have provided to my electronic return originator and the amounts
agree with the amounts on my 2000 PA Tax Return (Form PA- 40). To the best of my knowledge. my return is true and complete. consent that my return and accompanying
schedules and statements be sent to the Internal Revenue Service (IRS)by my electronic return originator and subsequently by the IRS to the PA Department of
;~~~ue. If I am filing frCOOpey. ONLV I am requirelto keep th IS form and supporting dOCOpyth 0 ~r.y I
Here ~ Yoursi nature D
pa.UM Declaration of Electronic Ret
ERO'S
Use
Only
ERO's signature
~
Firm's name (or yours
if self- emp loyed) and
ad dress
Preparer's signature
~
Firm's name (or yours
it self- employed) and
address
Date
I declare that I have received the above taxpayer's return and that t
payer.s signature on th IS form before submitting this return to the
filed with the IRS and the PA Department of Revenue. and have f
Tax Returns (Tax Year 2000) and requirements specified by the P u
above taxpayer's return and accompanying schedules and statem . and to the of
at ion of which I have knowledge. I understand that I am required to keep this form and the supporting
the best of my knowledge. I have obtained thetax-
e axpayer with a copy of all forms and information to be
IRS Pub 1345. Handbook for Electronic Filers of Individual
r penalty of perjury. I declare that I have examined the
and complete. Th is declaration is based on all inform-
or (3)years.
Date
Check if
self- employed
.. HAND R BLOCK
,. 17112-0000
(717)
652-1202
EIN
Paid
Pre parer's
Use Only
~
I Daytime Telephone Number
ELECTRONIC RETURN ORIGINATORS (EROs)
AND
T AXPA YERS FI LI NG FROM HOME PCs
KEEP THIS FORM (and the required attachments) FOR THREE YEARS.
Please DO NOT mail this form.
LeJ
~
Lt!l
Lt!l
~
CYJ
[b]
[YJ
[A]
Lt!l
CD
[A]
PLEASE
~ DO NOT USE YOUR 0000114025 L
LABEL PA-40
2000
**For Information Only - Do Not File** PAGE 1 OF 2
085-48-5226 SH 214-86-4346 EX 0 RS R
SHEPARD GARRY A A 0 FS J
DOROTHY L FY 0
1701 CEDAR
CAMP HILL
CLIFF DR SC
PA 17011 PN
6123~:g~CO l!~
0.00 ~gjir
61233.00 12 1715.00
1C
4
7
10
21900
717 975-2680
Local Information. Enterwhere you lived as of 12/31/00
School District: WEST SHORE ONL
School Code: 21 900
County: CUMBERLAND
Municipality: LOWER ALLEN TWP peFiler.(
Residency Status. (Mark the Correct Space)
R X Resident
NR Nonresident
P Part Year Resident
61232.00
0.00
0.00
0.00
10
11
12
L
1A
2
5
8
11
---------------pUA~-~LDP~EAL~GTHn-nNE---------------
Extension, (Mark This Space)
ended Return, (Mark This Space)
iscal Year Filer, (Mark This Space)
X
From:
To:
J
M
F
o
Date of Death:
1a
1b
1c
2
Gross Compensation, from ormsw-Ne Gts. . T. . . .. . . . .
Unreimbursed Employee B hedule.. . . . . . . . . . . . . . . . .
Net Compensation. Subtr om . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interest Income. Complete and enclose PA Schedule A if over $2,500. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
4
Dividend Income. Complete and enclose PASchedule B ifover $2,500 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Net Income or Loss from the Operation of Business, Profession, or Farm .............................
5
6
Net Gain or Loss from the Sale, Exchange, or Disposition of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Net Income or Loss from Rents, Royalties, P~t ,ri 1....... c. . . . . . . . . . . . . . . . .
Estate or Trust Income. Complete and enclo . ul......... .................
Gambling and LotteryWlnnings . . . . . . . . . ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Total PA Taxable Income. Add only the positive income amounts from Lines 1c,2, 3, 4, 5, 6, 7, and 8.
DO NOT ADD any losses reported on Lines 4, 5, or 6 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
8
9
Contributions To Your Medical Savings Account. See the instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AdjustedPATaxablelncome.SubtractLine10fromLine9..................................... .
PA Tax Liability. Multiply Une 11 by 2.8% (0.028). Also enter on Line 13, Page 2 . . . . . . . . . . . . . . . . . . . . .
EC
FC
0000114025
CD ITIIIIJ
CD
Single
Married, Filing Jointly
Married, Filing Separately
Final
Deceased
1a 61,232.00
1b .00
1c 61,232.00
2 1. 00
3 .00
4 .00
5 .00
6 .00
7 .00
8 .00
9 61,233.00
10 .00
11 61,233.00
R
12 1,715.00
0000114025
~
--.J
0000214023
2000
PA-40
PAGE 2 OF 2
SHEPARD
GARRY
L
A
085-48-5226
13 Total PA TaxUability.
Enter your tax liability from Line 120n page 1 .................................................. 13
TotalPATaxVWh held ,fromW-2, PAScheduleW-2S, oryourFormsW-2,orot her statements ............. 14
Creditfromyour 1999 PAlncomeTax Return. ............................. 15 .00
2000 Estimated Installment Payments. . . . . . .m.. .. L. . . . . v . 00
2000 Extension Payment . . . . . . . . . . . . . . . . . . . . . .. 1 . 0 0
NonresidentTaxVllithheldonyourPASch e(s)NR . ....... 18 .00
Total Estimated Payments and Credits. Line ,a.......................... 19
Tax forgiveness Credit. Complete Iines20a, dead u
20a Filing Status: UnMarried or Separated Married Deceased. . . . . . . . . . . . . . . . . . . .20a
20b Dependents, Part B, Line 2 PA Sched ule SP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20b
21 Total Eligibility Income, PartC, Line 11, PAScheduleSP. ......................................... 21
22 TaxForgivenessCreditfromPartD,Line16,PAScheduleSP...................................... 22
23 Total Cred itfor Taxes Paid to Other States or Countries. EncloseyourPAScheduleGorRK-1 ............. 23
24 PAEmployment Incentive Payments Credit. Enclose your
PASChedUleW,RK_1orNRK_D... .....N.. ... O. .f! 24
25 PAJobsCreationTaxCredit,fro clo teor chedule or - ...... ... .... 25
26 PA Waste Tire Recycling Inves Tax om encl certifi
PAScheduleRK-1orNRK-1. .... ....... ... .. .... ... .....26
27 PAResearch and Developmen ,fro certificat
orPASchedule RK-1 orNRK-1 ........................................................... 27
28 TOTAL PAYMENTS and CREDITS Add lines 14, 19and22through27.............................. 28
29 TAX DUE. If Line 13 is more than Line 28, enter the difference here. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
30 OVERPAYMENT. If Line 28 is more than Line 13,enterthedifferencehere ............................ 30
31 Refund- AmountofLine30youwantasa check mailed to you ............................. Refund 31
32 Credit - Amount of Line 30 you want as a creditto your 2001 estimated tax account. . . . . . . . . . . . . . . . . . . . .. 32
33 Donation- Amount of Line 30 you wantto donate I' rc nserva ............. 33
34 Donation- AmountofLine30youwanttodonate eUnited e,s mpicC 34
35 Donation- Amount of Line 30 you wantto donat an or renes 35
36 Donation - Amount of Line 30 you wantto donat the Kore tn 36
37 Donation- AmountofLine30youwanttodona theBrea' d 37
The total of lines 31 through 37 must equal line 30.
Under penalties of perjury. I (we) declare that I (we)have examined th is return, including all accompanying schedules and statements, and to the best of my (our) belief they are
true correct and com lets.
13
16
19
21
24
27
30
33
36
1715.00
0.00
0.00
0.00
0.00
0.00
143.00
0.00
0.00
14
17
20A
22
5
15
18
208
0.00 23
A~26
85 29
.0 32
0.0 , 35
0.0
1858.00
0.00
14
15
16
17
18
19
YourSi nature FOR INFORMATION ONLY
~Pc'1,'t.fe~~ iff,linointl FOR INFORMATION ONLY
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1,715.00
1,858.00
.00
.00
.00
.00
.00
.00
.00
.00
1,858.00
.00
143.00
143.00
.00
.00
.00
.00
.00
.00
Date
Date
YourOccu alion INDUSTRIAL MNT
HOUSEWIFE
Preparer or Company Name (Please Print)
Date
HAND R BLOCK EASTERN TAX
02/10/01
(717) 652-1202
Signature ot the Preparer (Optional)
L
0000214023
--.J
0000214023
I WAGE STATEMENT
---..J SUMMARY
PA Schedule W- 2S (09- 00) 2000
PA DEPARTMENT OF REVENUE
Name(s) as shown on your PAtax return:
GARRY A & DOROTHY L SHEPARD
0001214022
OFFICIAL USE ONL Y
Social Security Number:
085-48-5226
Instructions. 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 differentfrom your federal wages. Caution. If you believe that a PA amount on your Form W- 2 is incorrect,
you must subJTIit 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 PA tax return.
Information From Each Form W- 2.
Number of Form s W- 2 3
a
Employer Identification Number
from box B
1. 36-3797685 $
2. 61-0852764 $
~ 13-2634868 $
4. $
~ $
~ $
7. $
Total
PA Sch edule A & B (09- 00)
PA DEPARTMENT OF REVENUE
Include the total on Line 14
PA tax withheld
from box 18
1,80 00
1700
3200
· 00 not include local
income tax withheld
in column (d).
· 00 not include tax
withheld to another
state or country in
column (d).
$
$
$
$
Caution. The
Department
reserves the right
to require your
actual Forms W- 2.
1,85800
2000
Social Security Number:
085-48-5226
format. Caution. Federal and PA rules for taxable
rest income or dividend income is $2,500 or less, you
,500, you must submit a schedule.
Name(s) as shown on your PA tax return:
GARRY A & DOROTHY L SHE
Filin 0 tion 1.
Filin 0 tion 2.
Filin 0 tion 1.
Filin 0 tion 2.
$
$
$
$
$
$
$
$
$
$
$
2. $
$
$
$
$
$
$
$
$
$
$
$
2. Total PA Taxable Dividend Income. Add the amounts above and enter on Line 3 of our PA tax return. 2. $
Important. Capital gain distributions are dividend income for PA purposes, even though you report them on Schedule 0 for federal purposes.
L
0001214022
0001214022
~
II H&R BLOCK
H&R Block's Standard Service Guarantee
And Privacy Assurance - At No Additional Charge
The H&R Block Standard Guarantee: One ofthe reasons that H&R Block is the leader in tax
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CO/POM Revised 10/00
CO/POM 12000\ FDSERV1. 1V 1.0
Form Soltwere Cd'pyrigh I 1996 - 2001 H &R B lock Tax Services. Inc.
. .
Final Return For Earned Income Tax
TAXING AUTHORITY OF RESIDENCE: WEST SHORE TAX BUREAU
CITY, 1'.II.P, OR BORO: LOWER ALLEN TWP
SCHOOL DISTRICT: WEST SHORE
ACCOUNT NO. (If Any): TAXPAYER 085485226 SPOUSE 214864346
TAXPAYER: SHEPARD GARRY A
SPOUSE: SHEPARD DOROTHY L
ADDRESS: 1701 CEDAR CLIFF DR
CAMP HILL PA 17011
TAX YEAR: 2000
NO. MONTHS RESIDED HERE: 12
LOCAL TAX RATE: 1.0000 %
SS#: 085-48-5226
SS#: 214-86-4346
TELENOS.(717) 975-2680 (DAYTIME)
(EVENING!
'M:EKEND)
1. EARNINGS FROM WAGES, SALARIES, TIPS AND BONUSES. . . . . . . . . . . . . . . . . . . . . $
TAXPAYER
59,505.00 $
SPOUSE
593.00
2. LESS ALLOWABLE EMPLOYEE BUSINESS EXPENSES ......................... $ (
) $ (
3. NET LOSS FROM SELF- EMPLOYEMENT(Sch. C, E, F, orK-1) ................... $ (
) $ (
4. SUBTOTAL (Line 1 less lines 2 and 3) If less than zero, enter zero . . . . . . . . . . . . . . . . . . . $
59,505.00 $
593.00
5. OTHER TAXABLE INCOME.. IDENTIFY SOURCE (
)$
$
6. NET PROFIT FROM SELF- EMPLOYMENT (Sch. C, E, F, orK-1) . . . . . . . . . . . . . . . . . . . $
$
7. TOTALEARNEDINCOMESUBJECTTOTHISTAX(AcIdlines4,5,and6)............. $
59,505.00 $
593.00
8. TAX (Line 7 multiplied by % rate above). ...................................... $
595.00$
6.00
9. TOTALLOCALWAGETAXVIIITHHELDBYEMPLOYERlS(PerW-21S).............. $
595.00 $
13.00
10. QUARTERLY PAYMENTS
1stQuarter............. .
2nd Quarter
3rd Quarter
4th Quarter
TAXPAYER
SPOUSE
$
$
11. TOTAL CREDITS (AcId 9and 10) ........................................... $
595.00$
13.00
12. IFLlNEB IS GREATER THAN L1NE11 ENTER TAX DUE .......................... $
$
13. IFLlNE11ISGREATERTHANLlNEBENTERREFUND.......................... $
LEGAL RESIDENCE FOR THIS TAX YEAR (IF CHANGED VIIITH-IN THE YEAR)
$
7.00
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
Date
Spouse Signature
Date
Make Checks Payable to:
Mailto:
Prepared by:
H AND R BLOCK EASTERN TAX
Zip Code 1 7112 - 0 000 Date 02 / 1 0 / 2 0 0 1
PA- Local 120001 PALOCAL-1V1.3
Form Software Copyrighl1996. 2001 H&R Block Tax Services. Inc.
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 Nmnber.
MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS
Financial Break Down of Multiple Cases on Attachment
Plaintiff Name
DOROTHY L. SHEPARD
5{Yl?'1
PACSES
Case Number
316103786
Docket
Number
01-4094 CIVIL
Attachment Amount/Frequency
$
I
$
$
I
$
276.00 IMONTH
~
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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 72 9 31 0 0 684 . 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
C (Xu r}.,e [) c
JUDGE
Date of Order:
f'lAR <; U lUUt.
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Form EN-034
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By: Mark C. Duffie
LD. No. 75906
30] 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
v.
NO. 01-4094 CIVIL TERM
PASCES NO. 316103786
GARRY A. SHEPARD,
CIVIL ACTION - LAW
Defendant
IN DIVORCE
EXCEPTIONS TO THE SUPPORT MASTER'S
REPORT AND RECOMMENDA TlON
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.
:156146
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & ~DNER
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By: c-,/ /..;;
ark C. Duffie
Attorney I.D. No. 759
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Plaintiff
.
CERTIFICA TE OF SERVICE
AND NOW, this ;2'.(}' 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
C~//>(.6V
By: _ --'~'
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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:
0.) 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.
Edward E. Guido, J.
Mark C. Duffie, Esquire ~ "
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DOROTHY L. SHEPARD,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 01-4094 CIVIL TERM
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 hearing before Michael R.
, j~
Rundle, Support Master, on March 12, 200~~...AI ~ ~ f ~ r
BY THE COURT:
J.
Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
J.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
v.
NO. 01-4094 CIVIL TERM
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 )-rtv' day of March 2002, comes Plaintiff, DOROTHY L. SHEPARD, by and through
her undersigned attorneys, Johnson, Duffie, 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~NER
. .
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:156133
....--, i
BY:.c:- ~----,/
M rk C. Duffie
Attorney 1.0. No.7
301 Market Street !
P.O. Box 109 (
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Plaintiff
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Johnso Duffie tewart & Weidner
By: Mark. ffie
LD. 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
v.
NO. 01-4094 CIVIL TERM
PASCES NO. 316103786
GARRY A. SHEPARD,
CIVIL ACTION - LAW
Defendant
IN DIVORCE
BRIEF IN SUPPORT OF PLAINTIFF'S EXCEPTIONS TO
SUPPORT MASTER'S REPORT AND RECOMMENDA TION
AND NOW, this 25th day of April 2002, comes Plaintiff Dorothy L. Shepard, by and through her
undersigned attorneys, Johnson, Duffie, 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:
I. 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
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.
II. 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 4Y: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 Plaintiff's 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. 191 O.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 party 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
Cumbo 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 Klahold 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.
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. 191 0.16-2(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 Cumbo 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 &
IDNER
By:
:157598
ark C. Duffie
Attorney I.D. No. 75906
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Plaintiff
CERTlFICA TE OF SERVICE
AND NOW, this 25th 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
DOROTHY L. SHEPARD
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
GARRY A. SHEPARD
: NO. 2001-4094 CNIL TERM
ORDER OF COURT
AND NOW, this 21 ST 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 Plaintiffs exceptions thereto are dismissed. Our order of March 18,2002,
shall remain in full force and effect.
Edward E. Guido, J.
,~ark C. Duffie, Esquire
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~eter R. Henninger, Esquire
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
}::/!-l <2CO/ - ~l{ff'-l (l/f// L
State Commonwealth of Pennsylvania ;?JKI ~~) .-3 1& / [37 f&>
Co.lCity/Dist. of CUMBERLAND r;?
Date of Order/Notice OS/21/02 Df:- ,doL) 7 -
Court/Case Number (See Addendum for case summary)
@ 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, Mil
)
Employer/Withholder's Federal EIN Number
AYCOCK INC
Employer/Withholder's Name
8261 OLD DERRY ST
Employer/Withholder's Address
HUMMELSTOWN PA 17036-9308
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TlON: 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.
$ 276.00 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes (X) 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),
$ 138.00 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/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, PA YMENTS 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
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Form EN-028
Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
D 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.* RepOlting the r'aydate/Date of Withholding. You n,ust report the paydate/date of withholding vvhen sending the payment. The
paydate/date of vvitl,holding is the date on vvhich amount vvaS vvitl,l,eld flon, the employee's vvages. 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: 2323083920
EMPLOYEE'S/OBLlGOR'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. S 1673 (b)l i 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 taxesi 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
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
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 0970-0154
Expiration Date: 12/31/00
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: SHEPARD, GARRY A.
316103786/3()97 Y PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
DOROTHY L. SHEPARD
Docket Attachment Amount
01-4094 CIVIL$ 276.00
Child(ren)'s Name(s):
DaB
o 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):
DaB
o 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):
DaB
If checked, you are required to enroll the child(ren)
above in any health insurance coverage available
through the employee's/obligor's employment.
Addendum
Service Type M
OMS No.: 0970-0154
Expiration Date: 12/31/00
Docket
Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DaB
o 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):
DaB
o 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
Ch i Id(ren)'s Name(s):
DaB
o 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.
Form EN-028
Worker ID $IATT
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
I~l ~OCI-L/Or;~ (~j//L
State Commonwealth of Pennsylvania P))(1/yr 0;(',/(:"-:3 7 f/,.,
Co./City/Dist. of CUMBERLAND >L /
Date of Order/Notice 08/09/02 j))C .7 ()9'7 ~
Court/Case Number (See Addendum for case summary)
@ 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)
)
Employer/Withholder's Federal EIN Number
SEIFERT LTD
Employer/Withholder's Name
145 SALEM CHURCH RD
Employer/Withholder's Address
MECHANICSBURG PA 17050-2813
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER lNFORMA nON: 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.
$ 276.00 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? ~yes 0 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).
$ 138.00 per semimonthly pay period (twice a month).
$ 276.00 per monthly pay period.
REMITTANCE lNFORMA nON:
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 SCOU
Send check to: Pennsylvania SCOU , P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS 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.
Service Type M
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BY THE COURT:
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
D 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 Withl,oldilig. You n,ust report the paydate/date of vvitl,holding vvl,el, sending the payl1,el,t. The
paydateJdate of vvithholding is the dat-e on vvhich an ,ount vvas vvitl,held from the emplOyee's vvages. 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 Statewithholding 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/OBLlGOR'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.5.c. 91673 (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
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
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 0970-0154
Expiration Date: 12/:; 1/00
PACSES Case Number
Plaintiff Name
DOROTHY L. SHEPARD
Docket Attachment Amount
01-4094 CIVIL$ 276.00
Child(ren)'s Name(s):
Defendant/Obligor: SHEPARD I
316103786 ;'cx'/d
ADDENDUM
Summary of Cases on Attachment
GARRY A.
PACSES Case Number
Plaintiff Name
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o 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.
o 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
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o 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.
o 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
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
If checked, you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
o 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.
Addendum
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 0970-0154
Expiration Date: 12/31/00
.
Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
LD. No. 75906
301 Market Street
P. O. Box 109
Lernoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
DOROTHY L. SHEPARD,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 01-4094 CIVIL TERM
PASCES NO. 316103786
GARRY A. SHEPARD,
CIVIL ACTION - LAW
Defendant
IN DIVORCE
PETITION TO MODIFY SUPPORT ORDER
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, this ~day of October 2002, comes the Plaintiff, Dorothy L. Shepard, by and through
her undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Petition to Modify Alimony
Pendente Lite, and respectfully represents the following:
1. 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
an obligation of $276.00 per month, effective November 8,2001.
5. On May 21, 2002, after reviewing Plaintiff's 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 Plaintiff's 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:
lONER
: 164062
M k C. Duffie
Attorney 1.0. No. 75906
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Plaintiff
VERIFICA TlON
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. S4904, relating to unsworn falsification to authorities.
Dated: ~
EIDNER
By:
M rk C. Duffie
Attorney 1.0. No.7
CERTlFICA TE OF SERVICE
AND NOW, this 17th 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
By:
ER
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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: All correspondence must include the Member ID Number.
ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS
Financial Break Down of Multiple Cases on Attachment
Plaintiff Name
DOROTHY L. SHEPARD
PACSES
Case Number
3C:l17'if 316103786
Docket
Number
01-4094 CIVIL
Attachment Amount/Frequency
$
I
$
$
!
$
276.00 IMONTH
~
/
~
~
/
/
TOTAL ATIACHMENT 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 %, 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
Date of Order:
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PANNEBAKER AND JONES. P. C.
FOUR THOUSAND VINE STREET
MIDDLETOWN, PENNSYLVANIA 17057-3596
TELEPHONE E-MAIL ADDRESS TELECOPIER
717-944-1333 pjpcOpannebaker-jones.com 717-944-4004
PETER R. HENNINGER. JR..
DONAlD L. JONES
JAMES B PANNEBAKER
June 6, 2003
E. Robert Elicker, Esquire
Office of the Divorce Master
9 North Hanover Street
Carlisle, P A 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.
Si~nY,
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J.eterR. in~
Cc: Mark C. Duffie, Esquire, w/enclosure
Garry A. Shepard, w/enclosure
:sls SHEPARD #17080
L T60603
CIVIL LlTlGA TlON
PERSONAL INJURY
WRONGFUL DBA TH
AUTOMOBILE ACCIDENTS
EST ATE PLANNING
ESTATE SETnEMENT
BUSINESS LAW
CORPORATE LAW
FAMILY LAW
REAL ESTATE
MUNICIPAL LAW
LAND USE
INSURANCE LAW
ENVIRONMENTAL LAW
VISIT OUR WEB SITE AT: www.pannebaJcer-jones.com
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and sutmi tted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argunent 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
~ 2001
1. State matter to be argued (i.e.. plaintiff's rrotion for new trial. defendant's
danurrer to canplaint. etc.):
Defendant's Preliminary Objections.
2. Identify counsel who will argue case:
( a) for plaintiff:
Address:
Andrew J. Giorgione, Bsq.
204 state street
Harrisburg, PA 17101
(b) for defendant:
Address:
John F. Yaninek, Esq.
3401 North Front street
Harrisburg, p~ 17110
3. I will notify all parties in writing within two days that this case has
been listed for argunent.
4. ArgLment Court Date:
January 2, 2002
Dated:
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Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
J.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
U7/~/v1 f-
Attorneys for Plaintiff
DOROTHY L. SHEPARD,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
DOCKET NO. 01-4094 Civil Term
v.
GARRY A. SHEPARD,
CIVIL ACTION - LAW
IN DIVORCE
Defendant
PRETRIAL STA TEMENT PURSUANT TO Pa.R.C.P. 1920.33
I. 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
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. MARIT AL 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 Shad day 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 Plaintiff's 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. Alimonv. 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
"7
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By: L / L l .' l~. /
Mark C. Duffie / /
Date:
v~;/? !tJ3
.
:214326
VERIFICA TION
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. 94904, relating to unsworn falsification to authorities.
Dated: eft.. (0 ~')
JOHNSON, DUFFIE, STEWART & WEIDNER
By: /'~~01//)
Mark C. DuffieC/
Attorney I.D. No. 75906
CERT/FICA TE OF SERVICE
AND NOW, this hA.--' 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
:k--, /\ /-1;//
By: /-_- {' '-' /1
Mark C. Duffie"'
Attorney I.D. No. 5906
DOROTHY L. SHEPARD,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
GARRY A. SHEPARD,
Defendant
PACSES NO. 316103786
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.
By the C~-,__,
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Edward E. Guido, J.
CC: Dorothy L. Shepard
Garry L. Shepard
Mark C. Duffie, Esquire
Peter R. Henninger, Jr., Esquire
DRO
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DOROTHY L. SHEPARD,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
PACSES NO. 316103786
NO. 01-4094 CIVIL
GARRY A. SHEPARD,
Defendant
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 Plaintiff's 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 d~iver 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 191 0.16-2( 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 Plaintiff's 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.
~ (Lv c~\ leI 2o?:- 2-
Date
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Michael R. Rundle
Support Master
. ..
In the Court of Common Pleas of Cumberland County, Pennsylvania
"Fax.. .Detailll.eport
Plaintiff Name: Dorothy L. Shepard
Defendant Name: Garry L. Shepard
Docket Number: 2001-4094 Civil
PACSES Case Number: 316103786
Other State 10 Number:
Tax Year:
Defendant Plaintiff
1. Fling Status Married Filing Married Filing
Separately Separately
2. Who Claims the Exemptions Obliaee
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 $209.36
Support Calc 2002
Exhibi t II A"
Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
J.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
lP (lr I o'i~
Attorneys for Plaintiff
DOROTHY L. SHEPARD,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
DOCKET NO. 01-4094 Civil Term
v.
GARRY A. SHEPARD,
CIVIL ACTION - LAW
IN DIVORCE
Defendant
INVENTORY OF
PLAINTIFF. DOROTHY L. SHEPARD
Plaintiff files the following inventory of all property owned or possessed by either party at the time the
action was commenced and all property transferred within the preceding three (3) years. I, Mark C. Duffie,
attorney for Plaintiff Dorothy L. Shepard state that I am authorized to make this verification on her behalf and
that the statements made in this Inventory are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. S4904 relating
to unsworn falsification to authorities.
Date: ~-i::~ /:'3
~/.?
?LA ~ / ~//-:>/
Mark C. Dutfi$i
Attorney for plaintiff
Submitted by,
:214327
JOHNSON, DUFFIE, STEWART & WEIDNER
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BY: ,'-' ",~ / /
Mark C. Duffie /
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.
(X) 2.
( ) 3.
( ) 4.
(X) 5.
(X) 6.
( ) 7.
( ) 8.
( ) 9.
( ) 10.
( ) 11.
( ) 12.
( ) 13.
( ) 14.
( ) 15.
( ) 16.
( ) 17.
(X) 18.
(X) 19.
( ) 20.
( ) 21.
( ) 22.
( ) 23.
(X) 24.
(X) 25.
( ) 26.
Real property
Motor vehicles
Stocks, bonds, securities and options
Certificates of deposit
Checking accounts, cash
Savings accounts, money market and savings certificates
Contents of safe deposit boxes
Trusts
Life insurance policies (indicate face value, cash surrender value and current beneficiaries)
Annuities
Gifts
Inheritances
Patents, copyrights, inventions, royalties
Personal property outside the home
Businesses (list all owners, including percentage of ownership, and office/director positions
held by a party with a company)
Employment termination benefits-severance pay, worker's compensation claim/award
Profit sharing plans
Pension plans, thrift savings plans (indicate employee contribution and date plan vests)
Retirement plans, Individual Retirement Accounts
Disability payments
Litigation claims (matured and unmatured)
MilitaryN.A. benefits
Education benefits
Debts due, including loans, mortgages held
Household furnishings and personalty (include as a total category and attach itemized list if
distribution of such assets is in dispute)
Insurance benefits
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
Number
Description
of Property
Names of
All Owners
1.
1701 Cedar Cliff Drive
Camp Hill, PA 17011
Dorothy L. Shepard, Garry A. Shepard
2.
1995 Chevrolet C-1500 Pickup Truck
Garry A. Shepard
5.
Tower Federal Credit Union
Checking Account No. 200445-02
Garry A. Shepard
Mellon Checking Account No.1 00-016-0430
Garry A. Shepard
6.
Tower Federal Credit Union
Savings Account No. 200445-00
Garry A. Shepard
Mellon Savings Account No.
Tower Federal Credit Union
You Name It Club Account No. 200445-13
Garry A. Shepard
18.
ONYX 401 (k)
IDEX IRA
Garry A. Shepard
19.
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
Number
Description
of Property
Reason for Exclusion
Item
Number
Description
of Property
PROPERTY TRANSFERRED
Date of
Transfer
Consideration
Person to Whom
Transferred
LIABILITIES OF PARTIES
Item
Number
Description
of Property
Name of All Debtors
24.
Chase Manhattan Mortgage
Dorothy L. Shepard, Garry A. Shepard
CERTIFICA TE OF SERVICE
AND NOW, this 6th 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, DUFF~STEW:RT&J^'EIDNER
c:;; ~~. ~A yf~(1-
By:P,-.-~ A- [ (.)
Mafk C. Duffie /,
:214327
U?41~
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,
Defendant
: 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 .
1
3. Defendant intends to present his own testimony and the testimony ofthe Plaintiff as
on cross-examination. Defendant does not anticipate any additional witnesses.
4. Defendant intends to offer exhibits regarding the value of his 40lK and IRA and also
an exhibit with regards to the value ofthe 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, 40lk 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 ofthe 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 Plaintiffs 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.
2
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 ofthe 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.
By:
Respectfully submitted,
PANNEBAKER & JONES, P.c.
tf?tti1fL~~
Peter R. Henninger, Jr., Esquire
J.D. #44873
4000 Vine Street
Middletown, P A 17057
(717)944-1333
:sls SHEP ARD PRE-TRIAL
#17080
3
CERTIFICATE OF SERVICE
AND NOW, this 6th day of June, 2003, the undersigned does hereby certify that a copy of
the foregoing document was served upon the P1aintiffby and through her attorney of record:
Mark C. Duffie, Esquire
301 Market Street
PO Box 109
Lemoyne, PA 17043-0109
Respectfully submitted,
PANNEBAKE.. ~JONES' P.c.
By: ~.. L.V'~
Peter R. Henninger, Jr., Esquire
LD. #44873
4000 Vine Street
Middletown, P A 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 5TH 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.
--
Edward E. Guido, J.
.,R'eter R. Henninger, Jr., Esquire
~ark C. Duffie, Esquire
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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 5TH 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.
Edward E. Guido, J.
Peter R. Henninger, Jr., Esquire
Mark C. Duffie, Esquire
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DOROTHY L. SHEPARD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-4094 Civil Term
PACSES 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.
1.
Jt>hnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
LD. 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
v.
NO. 01-4094 Civil Term
PACSES Case No. 316103786
GARRY A. SHEPARD,
CIVIL ACTION - LAW
Defendant
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 & WIDNER
By:
:214019
VERIFICA TION
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. 94904, relating to unsworn falsification to authorities.
S-h<J/dJ
EIDNER
Dated:
By:
M rk C. Duffie
Attorney 1.0. No.
CERTIFICA TE 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:
Bv 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
By:
~~
rk C. Duffie
Attorney 1.0. No.7
[~h\b\-t A
-
DOROTHY L. SHEPARD,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 01-4094 CIVIL TERM
GARRY A. SHEPARD,
Defendant
IN DIVORCE
ANSWERS TO INTERROGATORIES
Respectfully submitted,
PANNEBAKER & JONES, P.C.
By: ~.. ''''J
Peter R. Henninger, Jr.,Esquire
I. D. #44873
4000 Vine Street
Middletown, PA 17057
(717) 944-1333
I. 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 Germany I
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 FORM A 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
~w~
Keirsten W. Davidson
Johnson, Duffie, 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 "An 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 "An 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 nA" 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 "A" for each account).
A. State name of bank and type of account. Mellon/Checking
B. State the date you opened such account or date you acquired your interest therein.
April 12, 2000f)
. 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 "A"
(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 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
8
Mellon
MELLOR BARlt
CEDAR CLIFF OFFICE
1510 CEDAR CLIPI' DRrvE
CAMP HILL, PA 17011
PHONE NUMBER (717) 731-4858
OCT. 01, 2001
TO WHOM IT MAY CONCERN:
MR SHEPARD BAD A CHECKING ACCOUNT WHICH WAS OPEN IN JULY 01' 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.
'0,
THANK YOU,
~
MELISSA AUMAN
PERSONAL BANKER
~ -
~
10/01/01 MON 14:08 FAX 301 497 8928
TFeU-BRANCH ADMIN
~002
. .... Tower Federal Credit Union
. 7901 Sandy SpriDllload · Laurel, MD 20707-3589
October 1, 2001
.,
RE: Garry A. Shepard
1701 Cedar C1i:ffDrive
Camp Hill, P A 17011-7710
Aooount #165818 & Account #200445
To Whom It May Concern:
Mr. Shepard's first account (#165818) was opened on January 26,1993 and closed on
August 3, 1998. His second and most current accmmt (#200445) was opened August
3, 1998.
If you have any questions, you may contact me at (301) 497-7000 x7468.
Sincerely,
~Q~~
,Lisa A: Knotts
Branch Administration
~hODe301.497.7000.800'787.8328
FAX 301.497.89~3, www:tOWt:Efcu.ora
.,.... wwer rederal Credit Union
- Member Numb<< Social Security Numb<<
200445 ON FILE
790' Sandy Spring Rd., Laurel, MO 20707-3889
TeI.phon. 30'-497-7000, 800-787-8328
TOO 301-497.70118, Web alt. www.t_erfcu.org
_12
GARRY A SHEPARD
1701 CEDAR CLIFF DR
CAMP HILL PA 17011-7710
I." III", III".", II", III" .11.,.1" .1111", II,.." .11.1., II
DATE OATE
MMOD MMDOYV
Your Member Statement
Statement Start Date Through Dat.
06-01-01 06-30-01 Page 1 of 1
You'll love the ease and
convenience that comes
with opening an EZL1ne
personal line of credit.
~r1te EZL1ne checks for
any amount UP to your
approved credit limit.
Plus, get an interest
rate as low as 8.90% APR.
and use EZLine for over-
draft protection with
your Regular and Request
checking account or Tower
debit card. EZL1ne.
EZ money. Apply today.
TRANSACTIONS AND SUMMARIES
AMOUNT BALANCE
SHARE SUFFIX: 00 PRIME SHARE
063001 DIVIDEND
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
BEGINNING BAL.
71.67
71.81
.20
SHARE SUFFIX: ,.02 REGULAR CHECKING
------ ------------------------------------------------------- ---------- --------
CHECKING SUMMARY:
DEPOS ITS
CHECKS
TRANSACTIONS:
DIVl DEND . 52
. . . . . . . . . . * * . . . . . . * . . . . * . . . . . * . * .
..
.00
.00
BEGINNING BALANCE
, TRACE NO.
.52
.00
MAINT/SERVICE CHGS
MISe DEBITS
418.501
-~,1
DIVIDEND RATE: 1.5000% .'APYE": 1.5223%
DIVIDENDS PAID: .52 YTDDIVIDENDS: 3.36
------ ------------------------------------------------------- ----------
SHARE SUFFIX: 13 U-NAME-IT CLUB BEGINNING BAL.
063001 DIVIDEND .13
063001
a . . a a .
~. ' ,~
""', '
419.02~
. . . a;s'J
..t-"i
-~:-:;
'"
44.84-.-
"
44.97'
"-'-..." ~ -0 IV-IDEND-RATE;.t- -,..--3-.~40'OC":.c--uAl''(!'.. :--~- -'--;''7':~~,;5~%- ---~--.._---~ -- '
DIVIDENDS PAID: .13 YTD DIVIDENDS: ' - .19
------ ------------------------------------------------------- ---------- --------
YEAR TO DATE SUMMARY TOTALS:
IRA DIVIDENDS .00 ~ITHHOLDING .00
OTHER DIVIDENDS 5.40 FORFEITURES .00
TOTAL DIVIDENDS 5.40
_satt.M "MM..VVV"OOO'
'American
~
AMERICAN FUNDS SERVICE COMPANY
Post Office Box 2280 . Norfolk. Virginia 23501-2280
October 4, 2001
GARRY A SHEPARD
1701 CEDAR CLIFF DR
CAMP HILL PA 17011-7710
'I
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 (NA V), 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
"---~Ir--= Tower Federal Credit Union
: I :<)01 Sandy Spring Rd.. L.aurel. :-.II) 2(71)"' -5~H<)
: Telephone 301.-f97.7000. HOO.7H7.H32H
o Check box if change of address information is provided on reverse.
10010'402-1 -M -1I1-JClCX
"
II I .111 1.1 III. I" I II I I I. I I. I I II I II. I ..1 I III." I I I I.. II I 1.111 I I
GARRY A SHEPARD
560 WILLOW ST APT J
HIGHSPIRE PA 17034-1620
TRANS. ~'~.~~:!!!~~!t~~"
DATE E DESCRIPTION
F
;;'-">;*"~SI" "sIilR'rK;~~~:'p;r~Rr'i.r-i.r.,:,~~.....;j~, !~'.
-------------------------- . !
(Joint with DOROTHY L. SHEPARD) i
;.:~:~."::';~~~: .~.=_~"i/,j'\;')~ii~~~;t~~~!i';;ft~~~~~l..'~,.;:~~i~~}~~~~i;-.;
01/31 Closing o.t........ Bal8nC. ! i ;
!
'I
,,~":r"y}:i.'~J!'!;t(;~~~l~~~~, .1,
.yD:;~i~~;~r~~~~~~?~:::~;~~. ".k~:;~'~,.'i-.,; ~'~f[~')J.(<<~:!{%':.;:FZ~5.I'~;:?tIt
01/03 TRANSFER TO 20044SS13 ! 631.17' 0.00
1l31"...tlc.i"l!.J!=.t=.....h".B=lanc~~ - ,. l . . " " .~.' L. , .,. ,., ,.,., " . ,. ..~..~41~\
YEAR, TO DATE FINANCE CHARGES
P.id off L12 118.73
Tot.l 118.73
Plan to .tt.nd . _-ciQ E~t;'~;"b.' ~ti1.. /Slittu..du ;
Octob... 10. L_-.U...., l.t. __I 'u.ed v-'tie1.. ,
can be finane.d .t 7 .SY.. Whathe.. yoU choo..'. 3- ,4- ,
0.. S-y.... t...., the ...t.i. the ..... Fo.. .loc.tion
ne... you, e.11 800-CAR-SALES. ' !
j. ~..
ALL ACCOUNTS. EXCEPT CHECKING ACCOUNTS. ARE NOT TRANSFERABLE AS DEFINED IN REGULATION D.
. '
MEMBER STATEMENT
'''--llr-.. ., Tower Federal Credit Union
I [- 790[ Sandy Spring Rd., Laurel. /vID 207C)7-:l'iH9
: Telephone .301.-t97.7IJOO, 800.7H7.8.32H
o Check box if change of address information is provided on reverse.
,unIUS-\ -M -002-"""
,"",
,<MEMBER NO.
1",111" .11I11" .11111111 11I11.11, ,111,11I." I" 111,1,1.11,,1
GARRY A SHEPARD
560 WILLOW STREET APT ~
HIGHSPIRE PA 17034-1620
'~. PERIODIC
FINANCE
CHARGE
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12/10 Pr.viou. Balenc. . ' ,
08/03 TRANSFER FR~ 165811$13
.',08/03,< DIVIDENDc:RED1T"~,,,"7'''''o/'''''''"'''\'''''''''''''''''''7'''''Y'''''.' ,"''''- '_ '0'" .. '? .,'"....
"08/31" DIVIDEND CREDIT.".'.."'".".'.'.,..,. ",: ,'., ' i":"",""":',;,;,,-,,>,
08/31 Annual P.rcent.ge Yi.ld E.rned: 3;731.
08/31 For the P.riod fro. 08/03 through 08/31.
" ,08/31 Closing o.t.. ..Nllw, .~~,~'!I""'<');;~",(<"" r".,"',;i"
",
!
"i~("~! r~~q~~~W'~,:"L,"F~g'l.f~"~'~;::;~ 00 '
638.17 638.17
0.20 638.37
1.86 640.23
640.23
Dividend r.t. .. of 08/31/98... 3.8001.
'.
ALL ACCOUNTS, EXCEPT CHECKING ACCOUNTS, ARE NOT TRANSFERABLE AS DEFINED IN REGULATION D.
t I I ~.
I,
IVII:.IVICE:n ~ ,1-\ II:.IVII:.I"f I
'-Ir' Tower Federal Credit Union
-, 1- 7901 Sandy Spring Ru.. Laurel. MD 20707-,'1~Hl)
, Telephone .301."97.7000, HOO.7H7.H,UH
o Check box if change of address information is provided on reverse.
DDlDZIIU-1 -M -DlZ-YV'
...
GARRY A SHEPARD
;,. !*,Y:' :;:.'::,,"'~""4'~p.>'''~~<~"':.t,rt!l ~?'\..
'\ ,,~: .':~ r::fX~J
ALL ACCOUNTS, EXCEPT CHECKING ACCOUNTS, ARE NOT TRANSFERABLE AS DEFINED IN REGULATION D.
~ · Mellon Bank
PERSONAL BANKING STATEMENT
DIRECT INQUIRIES TOI MELLON BANK NA 7
COMMONWEALTH REGION
CEDARCLIFF
1510 CEDARCLIFF DR
CAMP HILL PA 17011-7713
~17-731-4a5a
GARRY SHEPARD
PO lOX 7562
STEEL TON PA 17113
01307
0126
100-016-0430
PAGE 1 OF 4
STATEMENT
FROM 06/16/01 THRU 07/17/01
''''''';'' -~,
...~_..._.._'... "".0-,' ___ .............
REMEMBER TO TAKE YOUR MASTERMONEY OR MELLON CHECK CARD ALONG ON
VACATION. IT'S CONV!NIENT AND THlRE'S NO NED TO CARRY LOTS OF CASH.
THIN CHICK OUT WNW.MASTERCARD.COM -- YOUR BACK-TO-SCHOOL SHOPPING
HIADQUARTERS. LOG ON TO FIND OUT ABOUT GREAT VALUES AFTER 1"11"01.
~f(1
RELATIONSHIP SUMMARY
DEPOSIT ACCDlIrlI'S
PERSClNAL CHECKINS
STATEMIHT SAVINGS
STATEMENT SAVDCS
STATDt!NT SAYINBS
TOTAL
BALANCE
603. 72
~2.00
11.00
2!.tJ
703.35
LOAN ACCOlftTS
DU1'STANDItc
PERSONAL CHECKING ACCOUNT 100-016-0430
.::'~
, ,.,,; "-:1
OPENI.. BALANCE AS Of' 06116/01
TOTAL DEPOSITS MID OTItI!R ADDITIONS INCLUDINliJ INTEREST CREDITED THIS PERIOD
TOTAL CHECKS AND OTHER HITHDRANALS INCLUDINGI FEES AND CHARGES THIS PERIOD
CLOSt.. 8AUtC! AS OF 07/17/01
AVEllA. ACCCUIT BALANCE
1.737.73
+2.0ZS."
-3.159.66
'03.72
739.13
, , ." ;'1
DATE
ilftllnWft ~ M~.TDTT'" _. ._ _
06/16/01 OPENING BALANCE
06/18/01 06/16 HELLON ATH HITHDRANAL 1003507
CEDAR CLIFF CAMP HILL PA
CHECK . 1165 .
06/Z2/01 DEPOSIT
CHECK . 1164 .
06/25/01 06/Z~ tELLON Ant TRANSFER FROH SAVINGS "04563
CED'" CUff CAMP HILL PA
DEPOSITS
AN>> OTHER
ADDIfltlNS
CHECKS
AND OTHER
MITNDRAlUt,S
DAI1.Y
BlUNt!. .
1,737.73
. SOO.OO
. 100.00
937.73
SOO.oo
60.00
1,3n.73
l!i0 . 00
06/Z7/01 CHECK. 1166 .
1.000.00
1 ,S27 . 73
527.73
.,
@. Mellon Bank
PERSONAL BANKING STATEMENT
GARRY SHEPARD
01307
100-016-0430
PAGE 2 OF 4
PERSONAL CHECKING ACCOUNT 100-016-0430 (continued)
f 1'r;t;t f n I: ~'{J:': . ~;~ ~\~ ~ ~'l:fi' :~i'; ~,r~~t2"'~'*'l 7~r~';'.../ C1: r-',</'{~,~'l"ll"_"t ~ tfif It" "; ~;f71J"~.o/ if' ~1~~1~i; ~'~:'~/{.~~.; ;f;~~4'.;r, -:;;4~ tt'~ A:W ,j?flgJ~"'tEO.:'f;M'~1iJt~ m:""i~
~"\.~~~h ,.~..; ~.:.A:''''n;-/ 'l'.1~'tiJ""?:1 r~ f"'!F:.~'t'lIJ{~\?~~ t~~A.k;~::..ut~.iJ:Wt~~~ -41..\jt'~i",!o:",I.;;~;L.,;:J:~b~"lf tt:"f>}/f?j(J.1ti1?i~~.t~~'/";;~~:CIt(.~"'till ~i.'/'~}>';I;:{,"1~~ .l:;~JS~{:~~~:" ":
DATE
~D D!SCRIPTlDN
DEPOSITS
AND OTHER
ADDInDNS
375.65
CHECKS
AND OTHER
NlTHDUNaLS
DAlLY
.l~!
70.00
833.38
. n7.~0
115. ..
30.00
15."
500.00
Q7/1Z/01 CHECK. 1171
10.79
. 1&4.87
67.&0
. 237.10
575.19
~20. 32
07/13/01 CHECK. 1168 .
CHECK . 116. .
07/16101 DePOSIT
115.72
SOD. 00
615.72
07/17/01 SI!IlY!CE CIWlCIE
07/17/01 CUJSu. 8AUNCE
. .
12.00
603.72
603.72
~;~~,k'/ 3.~:;~ rr.i~: >~!~ ~.:~ ~::-;~ :_):1 ~:.:"'~ I ,~;. ~ 't:,~ '~~~J~:,:^::f 7~!-~' ^:;;J:';~'I~~~~~..~~":~} ~::" ~ 1.~,',(: ~-, '~..T~K4~' K <~. ~~ :~~,' -: / ~':~~~ l~l i~ ~::::;~tli{~,'~;~g~~~t;f~1&~~l]i~%f~f(}~~~
11M
1165
60.00 OOOOD2800Z7SM6 1167
soo.oo ??oo02200..129. 1168
70.00 000009900160323 un-
67.SO 0OOOO2~Z6827
154.87 Doooo'9OO2'1I37
. AN lSTI!lISK IteICATES A lREM IN THE USTINII OF CONSEcun:YE CHECK NUtllEIS.
PLEASE USE THE Ac:caun' RECONC:J:LEHENT FDRH LOCATED ON THE LAST PASE OF
THIS STATEtENT TO BALANCE YOUR ACCOUNT.
ACCOUNT RULES AND REGULATIONS AMENDMENT: WE REIERVI THE RIGHT TO
DaCIDI WHaT..-R OR NOT AN ITIM II PROPIRL Y PAYAlLI BASED ON THE
PRIDITERMINID CRITERIA OF ANY FRAUD PREVENTION SYITIM WHICH WI MAY
USI. WE WILL NOT BE LIABLE IF WE DrSHONOR AN ITEM ON THAT BASIl.
, "
ONYX INDUSTRIAL SERVICES, INC.
~QN)?(
..,
OctOber 3. 2001
To Whom 1t May Concern:
Garry Shepard has been an employ~ of Onyx Precision Services since March 1999 until
present. He has a Nvolving eKpense accOWlt 1broush Onyx at Mellon Bank with a limit
of$SOQ.OO.
Sincerely Yours,
Shelley Teter
Office Manager
.....
101 Penin6ula DIIVI, NOI1I'1 East. MD ~1901 ;1.0, Sox 4a.B., North t.1lI11!, MD '1901-
(<UOl287.7200 FIDl (4:l.OJ 287.1208
"
, ,
INVESTMENT INFORMATION SHEET
FORM "B"
(NOTE:
Complete one (1) Form "Bit 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.
o
C. How title held and name(s) of all others in title.
o
D. Date of purchase.
E. Cost.
$500.00
F. Value at the date of marriage.
o
G. Value at the date of separation.
o
, .
FORM "B"
H. Value at the date you answered these Interrogatories.
I. If you have sold any securities, what is the date of the sale.
J. What are the proceeds of the sale.
. .
FORM "B"
H. Value at the date you answered these Interrogatories.
I. If you have sold any securities, what is the date of the sale.
J. What are the proceeds of the sale.
I l, .
RETIREMENTIPENSION 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;
o
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
, t. .
FORM "C"
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
I. 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
OCT.11.2~~1 9:43AM BENEFITS
NO. 27'1
P.2/2
. l l .
ONYX INDUSTRIAL SERVICES, INC.
~0t0'X
October 11, 200 1
Omy Shepard
1701 Cedar C1i1fDrive
Camp HilL PA 17011
Dear Mr. S~
~
Per your rcqueat, we bave included the balance of your Onyx Industrial Corporation
401(k) plan ..June 2.3, 200] and oumm day of Octobet' 2. 2001. You wl1l also find your
InJtiaJ enrolImlmt date iDto the plan. .
Enrollment elite: March 3. 2000
RAhmce as of 1UDe 23,2001: S6,582.Hi
Balance as ofOctobcr 2, 2001: $6,901.37
If you need further information, please contacttbe benefit department at (713) 307..2191
between 8:00 a.m. and S:OO p.m. Monday throuih Friday.
" ,
Sincere1Yt "
~~
Stephen Williamlt
Benefits Adiumistrator
'0
"
1;ao North Hwy 1415, La Port,. TX 7751'1 P.O. BOl( 1809, L.lII Porte. TX 77672.j,809
(713) 3074:1.00 FIx 1713) 307.7120
. .
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
I. Attach a copy of the plan and any account statements reflecting your interest in the plan as of the
following:
1)
date of marriage;
$3,500.00
2)
date of separation;
$19,947.29
3) date of answers to these interrogatories. 10/2/01
~~.
p.o.BQl101e
CIIItWIlIf, Flora SS7SS-1l01lJ
'717--.1110O
Dillrtlulor: AF9G 841cwitiu Corporttian
www.ldwdullCl..oom
.,October l~ 2001
Gary A. Shepard
L701 CcdarCliffDrive
Camp Hill PA 17011
Fax Number (717) 986-2112
RF..: IDEX Account Number 99584101
Dear Mr. Shepard.:
Thank you for your continued interest and investment in the tDEX Family of Mutual Funds. On
October 1, 2OC1~ we received your inquiries regarding yom above referenced IDEX account. Your
requested information is listed below:
1.} Dflte accoulll WQS ope1Ied - JOWll"Y 29, 1993
2.) ValUl! "as oj" July 23, 1994 - ApproximJltt! value S3,500 / Exact do1a is not available due
to timB Sptl7L
J.) , VII1u8 l4ilS or $Ilptember 28, 2001 - $19,947.29
You may view an electronic version of your account(s) reflecting your investment(s) at
www.iderl'onds.~oqa and clicking on "Managing your Account". FOT your convenience. our
dedicated IDEX Customer Service Representatives will be happy to assist you with any further
questions or concern!. They may be reached at 1-888-233-IDEX (4339), (option 1) Monday
through Friday between the hours of 8:00 a.m. and 8:00 pm. Easter.n Time.
Once again, we thank you for investing with IDEX and we look forward to being an integral part of
achieving your financial goals.
Since~ly.
L 0_____ ~ --
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 unsworn falsification to authorities.
Sworn and subscribed to before me,
~ \ l\\f'YI..c") "" ,\ "'./)
dayof~~01.
~
NOTARIAL SEAL
STACEY L, SECHLER, Notary Public
Middletown, Dauphin County
My Commission Expires March 14.2005
~ . <I ...
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
30l Market Street
PO Box 109
Lemoyne, PA 17043-0109
by depositing same in the United States mail, postage prepaid, in
Middletown, Pennsylvania, this
fe. day of MtJt~ , 2001.
PANNEBAKER AND JONES, P.C.
By:
~~.
Peter R. Henninger,
I.D. 44873
4000 Vine Street
Middletown PA 17057
(7l7) 944-l333
,.,
Jr. ,
Esquire
:sls SHEPARD CERT11080l
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LAW OFFICES
iA'Y13;-
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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
JOHNSON, DUFFIE, STEWART & WEIDNER
A Professional Corporation
301 MARKET STREET
p. O. BOX 109
LEMOYNE, PENNSYLVANIA 17043-0109
WEBSITE: www.jdsw.com
HORACE A. JOHNSON
COUNSEL TO THE FIRM
TELEPHONE 717-761-4540
FACSIMILE 717-761-3015
E-MAIL mail@jdsw.com
WRITER'S EXT. NO.
E-MAIL @jdsw.com
May 30,2003
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,
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. I 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, Stewa
~C
Mark C. Duffie
idner
cc: Peter R. Henninger, Jr., Esq
(sent via facsimile - 944-4004)
MCD/mcd 214078
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05-29-'03 01:34 FROM-
T-588 P02/02 U-459
~~~
PANlOlB..A.KER AND JONES. P. C.
FOUR THOUSAND VINE STREET
MIDDLETOWN, PENNSYlVANIA 17057-3596
TElEP....ONE E-MAIL ADDRESS TELECOPIEJl,.
717-944-1333 pjpcepanne:bakcr-jonct.cODl 717-944-4004
PETfIl R. IUNNlNGBl., JR,
DONALD L JONES
lAMES 8, PAN~
May 29, 2003
Mark C. Duffiet Esquire
301 Market Street
PO Box 109
Lemoyne. PA 17043-0109
RE: Shepard v. Shepard
Dear Mr. Duffie:
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.
Legal Assi tant
:sls SHEPARD L T52903
CIV1L U'T10A TION
'ERSOWAL lNllAly
WIlONOJIUL DI!A TH
AUTOWOllII.E ACCIDIlNTS
ES'rATI PLAWlUNO
llb"rA 11l sl:T11.6t.alNT
8USlN1!SS LA"
~TI! LAW
PAUll! LA"
REAL I5TATB
MUNICIPAL (.AW
!.AND USIi
INSU)l.ANC! (.AW
iNVlllONWiNTAL LAW
VISIT OUR WEB SITE AT: www.pannebaker-jonea.com
~
Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
J.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
DOCKET NO. 01-4094 Civil Term
v.
GARRY A. SHEPARD,
CIVIL ACTION - LAW
IN DIVORCE
Defendant
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
Got\." day of FLbN"'~ 20r1, 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, 9702; 54 Pa.C. .A. 04, as en d.
:212939
<...
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STA.TE OF MARYLAND
r:\ I '^-0J\J>
COUNTY OF ~\A~~'\ 1\1
On this. the 'L~ day of AA..'tU- ~ -t 2003, before me, a notary public, personally appeared
DOROTHY LOUISE SHEPARD, known to me to be the person whose name is subscr!t:ledt(nti(;r')1Vit.~in document and
acknowledged that she executed the foregoing for the purposes therein contained. .0 ~ c~,i:Ytrl)?"'"
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IN WITNESS WHEREOF, I have hereunto set my hand and
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