Preview
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Thurs: , March 28, 2013 4:37:19 PM
CASE NUMBER: 2013 CV 01972 Docket ID: 18022934
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COMMON PLEAS COURT OF
MONTGOMERY COUNTY OHIO
CIVIL DIVISION
HARLEY SHEPHERD Case No.
37 Seminary Avenue
Dayton, Ohio 45403 Judge
Plaintiff,
vs.
MONTGOMERY COUNTY DEPARTMENT
OF ENVIRONMENTAL SERVICES
Division of Solid Waste
451 West Third Street COMPLAINT FOR WRONGFUL
Dayton, Ohio 45422 DISCHARGE WITH JURY DEMAND
and
JOHN BECKNER.
2226 Renshaw Ave.
Dayton, Ohio 45439
Defendants.
I INTRODUCTION
1 This is an action for wrongful discharge in violation of the public policy of the state of
Ohio.
2 The majority of the events set forth in this Complaint occurred within Montgomery
County Ohio so this action is properly venued herein.
3 This court has subject matter jurisdiction of wrongful discharge claims arising out of
violations of the public policy of the state of Ohio.
4 Plaintiff Harley Shepherd is a resident of Montgomery County Ohio and until his
removal on April 11, 2012, had been employed by Defendant Montgomery County, for more
than fourteen years, most recently as a Facilities and Engineering Maintenance Worker in the
Department of Environmental Services, Division of Solid Waste.
5 Defendant John Beckner is Plaintiffs former supervisor and an “employer” as defined by
Section 4112.01 et seg of the Ohio Revised Code. At all times material hereto Beckner was the
second shift supervisor at the North Yard.
6 Plaintiff was represented during his employment by the Dayton Public Service of Ohio
Union during his employment with Montgomery County, but upon his removal said union failed
and refused to proceed to arbitration, as set forth in the parties’ collective bargaining agreement,
leaving Plaintiff without a remedy to contest his wrongful discharge other than through an action
with this Court.
IL. BACKGROUND FACTS
7 Plaintiff restates, and incorporates the allegations of paragraphs 1-6 and the Complaint.
8 Plaintiff Harley Shepherd began his employment with Defendant Montgomery County
Ohio. He was a maintenance worker and worked for the Division of Solid Waste at both the
North Yard (8569 Webster Street) for the two years preceding his discharge and the South Yard
(2550 Sandridge Drive) for the prior twelve years.
9 On or about January 20, 2012 Plaintiff was placed on paid administrative leave pending a
theft investigation in respect to the North Yard.
10. While Plaintiff was working at the North Yard with ten other employees, which number
included two supervisors, each and every employee, including the two supervisors, removed
items brought to the yard by residents for purposes of recycling. These employe
es sold these
items to private recycling centers, such as First Street Recycling and retained
the sale proceeds.
ll. The practice referenced in the preceding paragraph was ongoing for many years.
From
time to time Defendant Montgomery County’s top management would issue
communications to
the employees directing that this practice must stop. However, the onsite supervis
ors (Steve
Hanagen and John Beckner) at the North Yard allowed the practice to continue
and since they
also continued to remove items themselves, the directives from top manage
ment were not
complied with.
12. This same practice existed at the South Yard located at 2550 Sandridge Drive
and was
allowed to continue also through the involvement of management.
13. Plaintiff, since being placed on administrative leave on J anuary 20, 2012 has
continually
advised management officials and his union representatives about these
practices, but no one has
responded to his communications. On April 10, 2012 Plaintiff through his counsel,
sent the
attached letter (Exhibit A) to the then Montgomery County Commissioners.
Incredibly Plaintiff
did not receive a response from the Commissioners.
14, Plaintiff is the only employee who has been singled out for termination
at either the
South or North Yards. To the best of Plaintiff's knowledge, none of the
supervisors or managers
involved in the removal of items from the yards have been disciplined.
15 Plaintiff believes he was singled out for disparate treatment because a former
supervisor
of his, Defendant John Beckner became upset over a personal business
deal with Plaintiff. At the
time of Plaintiff's termination, Defendant Beckner was serving as Defendant’s
night supervisor
at the North Yard.
16. One day after delivering Exhibit A to the Montgomery County Commissioners,
Plaintiff
was terminated. Plaintiff has also been threatened by Defendant Montgomery County that
criminal charges would be brought against him.
17, Bob Downing, the Manager of both the North and South Yards, required Supervisor
Steve Hanagen to take aluminum to a scrap yard and give Downing the proceeds. Hanagen
took
wire and scrap from the yards and sold it to First Street Recycling.
18. Dan Graeter, Assistant Manager for both the North and South Yards was aware of
the
practices described herein and took no steps to stop the employees from removing items
from the
yards. Dave Cover, another supervisor at the South Yard and Dan Fritz, supervisor of the Garage
(at the South Yard) also was aware of the above described practices and took no steps
to prevent
them.
19. Defendant John Beckner required Plaintiff to take aluminum signs and provide Beckner
with the proceeds therefrom. Beckner also sold scrap items to Second Time Around on Brown
Street and required employees to pay him in cash for stolen items.
20. The remaining employees at both yards routinely remove and still remove copper, air
conditioning coils, batteries, scrap metal and wire to recycling centers such as First Street
Recycling, where they are sold and the proceeds retained by the employees.
21, Plaintiff also advised Defendant Montgomery County of methods it could utilize to
prevent future acts of removal of items from the North and South Yards. Instead Defendan
ts
elected to terminate Plaintiff's employment.
22; As a result of Defendants unlawful actions Plaintiff has been damaged.
JIL. CAUSES OF ACTION
23. Plaintiff restates, reavers and incorporates the allegations of paragraphs 1-22 of the
Complaint.
24, Terminating Plaintiff for the reasons set forth above violate
s the public policy of the state
of Ohio as set forth at Ohio Revised Code Sections 2921.0
5, 2921.41, 2921.42, 2921.43 and
2921.45.
25. Defendants unlawful conduct also violates the public policy
of the state of Ohio as seen
in the common laws which encourages and supports the report
ing of crimes and consistent
treatment and applications of criminal laws,
20. As a result of Defendants’ actions Plaintiff has been damaged to
the extent of lost pay
and benefits and other compensatory damages.
WHEREFORE, Plaintiff Harley Shepherd demands judgment against Defen
dants
Montgomery County Ohio and John Beckner as follows:
1 For compensatory damages in excess of $1 00,000;
2 For punitive damages in excess of $100,000;
For costs and attorney fees;
For prejudgment and post judgment interest at the statutory relief; and
For such other legal and equitable relief as this Court finds
Plaintiff is entitled to.
Respectfully submitted,
DUWEL LAW
4s/ David M. Duwel
David M. Duwel (0029583)
130 W. Second Street, Suite 2101
Dayton, Ohio 45402
Phone: (937) 297-1154
Fax: (937) 297-1152
david@duwellaw.com
Attorney for Plaintiff
VERIFICATION
STATE OF OHIO
)
)SS:
COUNTY OF MONTGOMERY
)
Harley Shepherd, Plaintiff bein, ig first duly sworn, states and
avers that he has reviewed
the allegations of the foregoin: 'g Complaint and that the allegat
ions herein are true and accurate to
the best of his knowledge.
vw
Harley She rd
AO
Sworn and subscribed before me a Notary Public this day of March 2013.
RYPURLIC ~ State of Ohio
DAVID M. DUWEL
ATTORNEY-AT-LAW
Y COMMISSIOL Ae
Cx pita
JURY DEMAND
Plaintiff hereby requests a trial by jury as to all issues ripe
for such determination.
4/ David M. Duwel
David M. Duwel
CL) duwellaw
SELON RtardT Bhdc-lt ac Cava
Dyer aI LY Lys
Ldetlul-es eraAL bod 8
Lieb ack ey A aay
TAC)
April 10, 2012 LYNfo LY TEN
Y= (6) BTN ed
Judy Dodge, Montgomery County Commissioner
Dan Foley, Montgomery County Commissioner
COT on TTT
Deborah Lieberman, Montgomery County Commissioner
451 West Third Street
Dayton, Ohio 45422 Via Fax (496-6560)
Re: Harley Shepherd
Dear Commissioners:
This office represents Harley Shepherd, an employee of Montgomery County Solid
Waste, currently working at 8569 Webster Street for the last two years. Mr, Shepherd
is a
Facility and Equipment Maintenance worker. Previously Mr. Shepherd worked
for Solid Waste
at the South yard (2550 Sandridge Drive). On or about January 20, 2012 Mr. Shepherd
was
placed on paid administrative leave pending a theft investigation. It is my understanding that
this
matter is on the agenda for your meetin, g today. Julie Droessler is aware that
I am sending you
this correspondence.
While working at Webster Street with ten other employees, including two supervis
ors
every employee, including the supervisors was allowed to take home items dropped
off by
residents. This is a practice that has been going on for many, many years. From time
to time, top
management would issue directions, indicating this practice must stop. The problem
was since
the onsite supervisors continued the process and removed items themselves,
the directions were
never complied with. This situation existed at both the North and South yards in
respect to
employees and supervisors.
Mr. Shepherd is the only employee who has been singled out for disciplinary
action. His
suspension is continuing and now his pay has stopped. A pre-disciplinary hearing
was held on
April 3, 2012. There is significant evidence that other employees, including supervis
ors have
removed items, including scrap metal from the yards and sold these items at scrap yards.
Solid
Waste officials have ignored this evidence and instead focused their attention solely on our
client. The reason Mr. Shepherd has been singled out for special treatment and discipline
is
because a former supervisor of his, became upset over a personal business deal involving
a bar in
West Carrollton Ohio.
1 Ea en
1 =]
ral iL)
Scan to view our video
Elaine S. Bernstein, of Counsel
EXHIBIT Gary L. Herfel, of Counsel
100 E, Rivercenter Blvd. * Suite 250
Covington, Kentucky 41011
Serving Dayton & Southwest Ohio Since 1973 Fh 359.291.0202 + Fox 859.655.2883
Judy Dodge
Dan Foley
Deborah Lieberman
April 10, 2012
Page 2 of 2
It is our belief that the only reason why Solid Waste is not pursuing the other involved
employees is because it would require terminating the entire employee population at both the
North and South yards.
If the County Commissioners want to eliminate employees removing items from the
North and South yards, you will need to develop a system of checks and balances that does not
include the local supervisors. Cameras are installed at both locations and we would suggest that
you randomly review the camera footage to determine who is removing items from the yards.
You will need to have someone other than the local supervisors review the camera footage. If all
employees know that random reviews of the camera footage will occur, your theft issues will
decline immediately.
If Montgomery County Solid Waste continues to single out our client, Mr. Shepherd will
bring this matter to the public’s attention. Please be in touch with any questions you may have.
Thank you.
Very truly yours,
DUWEL
Cf
id M. Duwel
DMD/naw
“H
CC Julie Droessler, Assistant
ontgomery County Prosecutor
arley Shepherd
ytye(oe
op
TX Result Report P 1
04/10/2012 13:19
Serial No. AIUEQ1 1001682
TTC 94944
Addressee Start Time | Time Prints Result] Note
4966560 04-10 13:18 | 00:00:46 | 003/003 OK
Note TMR ol Ling i xa xe:Origina aan
1 SizeTx: Setting, EME Frame
CALL Manual Tx, ras
Deg
‘wD :page separ:
ECODE
IBADR HIP Address
cet
ax,
x. BND,
T-1
ible—Sa:BS confidential:
BL: Reias.
eer" eu
ing Direction,
BOP eure’ Brees) Scare 31+
ax!
Result OK: Communication OK, S-OK: Stop Communication, PW-OFF: Power Switch OFF,
EL: RX from TEL, NG: Other Error, Cont: Continue, No Ans: No Answer
Refuse: Receipt Refused, Busy: Busy, M-Full:Memory Full
LOVR:Receiving length Over, POVR:Receiving page Over, FIL:File Error.
DC:Decode Error, MDN:MDN Response Error, DSN:DSN Response Error:
DUWEL LAW
130 W.
Second Street, Suite 2101
Da: n, Ohio 45402
(237) 297-1154, telephone
(937) 297-1152, facsimile
www.duwellaw.com
FACSIMILE CORRESPONDENCE TRANSMITTAL PAGE
Date: 4/10/2012 Number of Pages: 5
|
Recipient: Judy Dodge, Dan Foley, Deborah Fax No.: 496-6560
Lieber
Sender: David Duwel
ClienyMatter:
Harley Shepherd —
Comments:
IF YOU FAIL TO RECEIVE LEGIBLE COPIES OF THE TOTAL NUMBER OF PAGES
INDICATED, PLEASE CONTACT THE OFFICE FOR FURTHER ASSISTANCE
This message is intended for the use of the individual or entity to which it is addressed and may contain
information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader
of this notice is not the intended recipient or the employee or agent responsible for delivering the message
to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this communication in error, please notify me
immediately by telephone and return these papers to me at the address shown above via first class mai!
Thank you
Preview
ELECTRONICALLY FILED COURT OF COMMON PLEAS Thurs: , March 28, 2013 4:37:19 PM CASE NUMBER: 2013 CV 01972 Docket ID: 18022934 GREGORY A BRUSH CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY OHIO CIVIL DIVISION HARLEY SHEPHERD Case No. 37 Seminary Avenue Dayton, Ohio 45403 Judge Plaintiff, vs. MONTGOMERY COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Solid Waste 451 West Third Street COMPLAINT FOR WRONGFUL Dayton, Ohio 45422 DISCHARGE WITH JURY DEMAND and JOHN BECKNER. 2226 Renshaw Ave. Dayton, Ohio 45439 Defendants. I INTRODUCTION 1 This is an action for wrongful discharge in violation of the public policy of the state of Ohio. 2 The majority of the events set forth in this Complaint occurred within Montgomery County Ohio so this action is properly venued herein. 3 This court has subject matter jurisdiction of wrongful discharge claims arising out of violations of the public policy of the state of Ohio. 4 Plaintiff Harley Shepherd is a resident of Montgomery County Ohio and until his removal on April 11, 2012, had been employed by Defendant Montgomery County, for more than fourteen years, most recently as a Facilities and Engineering Maintenance Worker in the Department of Environmental Services, Division of Solid Waste. 5 Defendant John Beckner is Plaintiffs former supervisor and an “employer” as defined by Section 4112.01 et seg of the Ohio Revised Code. At all times material hereto Beckner was the second shift supervisor at the North Yard. 6 Plaintiff was represented during his employment by the Dayton Public Service of Ohio Union during his employment with Montgomery County, but upon his removal said union failed and refused to proceed to arbitration, as set forth in the parties’ collective bargaining agreement, leaving Plaintiff without a remedy to contest his wrongful discharge other than through an action with this Court. IL. BACKGROUND FACTS 7 Plaintiff restates, and incorporates the allegations of paragraphs 1-6 and the Complaint. 8 Plaintiff Harley Shepherd began his employment with Defendant Montgomery County Ohio. He was a maintenance worker and worked for the Division of Solid Waste at both the North Yard (8569 Webster Street) for the two years preceding his discharge and the South Yard (2550 Sandridge Drive) for the prior twelve years. 9 On or about January 20, 2012 Plaintiff was placed on paid administrative leave pending a theft investigation in respect to the North Yard. 10. While Plaintiff was working at the North Yard with ten other employees, which number included two supervisors, each and every employee, including the two supervisors, removed items brought to the yard by residents for purposes of recycling. These employe es sold these items to private recycling centers, such as First Street Recycling and retained the sale proceeds. ll. The practice referenced in the preceding paragraph was ongoing for many years. From time to time Defendant Montgomery County’s top management would issue communications to the employees directing that this practice must stop. However, the onsite supervis ors (Steve Hanagen and John Beckner) at the North Yard allowed the practice to continue and since they also continued to remove items themselves, the directives from top manage ment were not complied with. 12. This same practice existed at the South Yard located at 2550 Sandridge Drive and was allowed to continue also through the involvement of management. 13. Plaintiff, since being placed on administrative leave on J anuary 20, 2012 has continually advised management officials and his union representatives about these practices, but no one has responded to his communications. On April 10, 2012 Plaintiff through his counsel, sent the attached letter (Exhibit A) to the then Montgomery County Commissioners. Incredibly Plaintiff did not receive a response from the Commissioners. 14, Plaintiff is the only employee who has been singled out for termination at either the South or North Yards. To the best of Plaintiff's knowledge, none of the supervisors or managers involved in the removal of items from the yards have been disciplined. 15 Plaintiff believes he was singled out for disparate treatment because a former supervisor of his, Defendant John Beckner became upset over a personal business deal with Plaintiff. At the time of Plaintiff's termination, Defendant Beckner was serving as Defendant’s night supervisor at the North Yard. 16. One day after delivering Exhibit A to the Montgomery County Commissioners, Plaintiff was terminated. Plaintiff has also been threatened by Defendant Montgomery County that criminal charges would be brought against him. 17, Bob Downing, the Manager of both the North and South Yards, required Supervisor Steve Hanagen to take aluminum to a scrap yard and give Downing the proceeds. Hanagen took wire and scrap from the yards and sold it to First Street Recycling. 18. Dan Graeter, Assistant Manager for both the North and South Yards was aware of the practices described herein and took no steps to stop the employees from removing items from the yards. Dave Cover, another supervisor at the South Yard and Dan Fritz, supervisor of the Garage (at the South Yard) also was aware of the above described practices and took no steps to prevent them. 19. Defendant John Beckner required Plaintiff to take aluminum signs and provide Beckner with the proceeds therefrom. Beckner also sold scrap items to Second Time Around on Brown Street and required employees to pay him in cash for stolen items. 20. The remaining employees at both yards routinely remove and still remove copper, air conditioning coils, batteries, scrap metal and wire to recycling centers such as First Street Recycling, where they are sold and the proceeds retained by the employees. 21, Plaintiff also advised Defendant Montgomery County of methods it could utilize to prevent future acts of removal of items from the North and South Yards. Instead Defendan ts elected to terminate Plaintiff's employment. 22; As a result of Defendants unlawful actions Plaintiff has been damaged. JIL. CAUSES OF ACTION 23. Plaintiff restates, reavers and incorporates the allegations of paragraphs 1-22 of the Complaint. 24, Terminating Plaintiff for the reasons set forth above violate s the public policy of the state of Ohio as set forth at Ohio Revised Code Sections 2921.0 5, 2921.41, 2921.42, 2921.43 and 2921.45. 25. Defendants unlawful conduct also violates the public policy of the state of Ohio as seen in the common laws which encourages and supports the report ing of crimes and consistent treatment and applications of criminal laws, 20. As a result of Defendants’ actions Plaintiff has been damaged to the extent of lost pay and benefits and other compensatory damages. WHEREFORE, Plaintiff Harley Shepherd demands judgment against Defen dants Montgomery County Ohio and John Beckner as follows: 1 For compensatory damages in excess of $1 00,000; 2 For punitive damages in excess of $100,000; For costs and attorney fees; For prejudgment and post judgment interest at the statutory relief; and For such other legal and equitable relief as this Court finds Plaintiff is entitled to. Respectfully submitted, DUWEL LAW 4s/ David M. Duwel David M. Duwel (0029583) 130 W. Second Street, Suite 2101 Dayton, Ohio 45402 Phone: (937) 297-1154 Fax: (937) 297-1152 david@duwellaw.com Attorney for Plaintiff VERIFICATION STATE OF OHIO ) )SS: COUNTY OF MONTGOMERY ) Harley Shepherd, Plaintiff bein, ig first duly sworn, states and avers that he has reviewed the allegations of the foregoin: 'g Complaint and that the allegat ions herein are true and accurate to the best of his knowledge. vw Harley She rd AO Sworn and subscribed before me a Notary Public this day of March 2013. RYPURLIC ~ State of Ohio DAVID M. DUWEL ATTORNEY-AT-LAW Y COMMISSIOL Ae Cx pita JURY DEMAND Plaintiff hereby requests a trial by jury as to all issues ripe for such determination. 4/ David M. Duwel David M. Duwel CL) duwellaw SELON RtardT Bhdc-lt ac Cava Dyer aI LY Lys Ldetlul-es eraAL bod 8 Lieb ack ey A aay TAC) April 10, 2012 LYNfo LY TEN Y= (6) BTN ed Judy Dodge, Montgomery County Commissioner Dan Foley, Montgomery County Commissioner COT on TTT Deborah Lieberman, Montgomery County Commissioner 451 West Third Street Dayton, Ohio 45422 Via Fax (496-6560) Re: Harley Shepherd Dear Commissioners: This office represents Harley Shepherd, an employee of Montgomery County Solid Waste, currently working at 8569 Webster Street for the last two years. Mr, Shepherd is a Facility and Equipment Maintenance worker. Previously Mr. Shepherd worked for Solid Waste at the South yard (2550 Sandridge Drive). On or about January 20, 2012 Mr. Shepherd was placed on paid administrative leave pending a theft investigation. It is my understanding that this matter is on the agenda for your meetin, g today. Julie Droessler is aware that I am sending you this correspondence. While working at Webster Street with ten other employees, including two supervis ors every employee, including the supervisors was allowed to take home items dropped off by residents. This is a practice that has been going on for many, many years. From time to time, top management would issue directions, indicating this practice must stop. The problem was since the onsite supervisors continued the process and removed items themselves, the directions were never complied with. This situation existed at both the North and South yards in respect to employees and supervisors. Mr. Shepherd is the only employee who has been singled out for disciplinary action. His suspension is continuing and now his pay has stopped. A pre-disciplinary hearing was held on April 3, 2012. There is significant evidence that other employees, including supervis ors have removed items, including scrap metal from the yards and sold these items at scrap yards. Solid Waste officials have ignored this evidence and instead focused their attention solely on our client. The reason Mr. Shepherd has been singled out for special treatment and discipline is because a former supervisor of his, became upset over a personal business deal involving a bar in West Carrollton Ohio. 1 Ea en 1 =] ral iL) Scan to view our video Elaine S. Bernstein, of Counsel EXHIBIT Gary L. Herfel, of Counsel 100 E, Rivercenter Blvd. * Suite 250 Covington, Kentucky 41011 Serving Dayton & Southwest Ohio Since 1973 Fh 359.291.0202 + Fox 859.655.2883 Judy Dodge Dan Foley Deborah Lieberman April 10, 2012 Page 2 of 2 It is our belief that the only reason why Solid Waste is not pursuing the other involved employees is because it would require terminating the entire employee population at both the North and South yards. If the County Commissioners want to eliminate employees removing items from the North and South yards, you will need to develop a system of checks and balances that does not include the local supervisors. Cameras are installed at both locations and we would suggest that you randomly review the camera footage to determine who is removing items from the yards. You will need to have someone other than the local supervisors review the camera footage. If all employees know that random reviews of the camera footage will occur, your theft issues will decline immediately. If Montgomery County Solid Waste continues to single out our client, Mr. Shepherd will bring this matter to the public’s attention. Please be in touch with any questions you may have. Thank you. Very truly yours, DUWEL Cf id M. Duwel DMD/naw “H CC Julie Droessler, Assistant ontgomery County Prosecutor arley Shepherd ytye(oe op TX Result Report P 1 04/10/2012 13:19 Serial No. AIUEQ1 1001682 TTC 94944 Addressee Start Time | Time Prints Result] Note 4966560 04-10 13:18 | 00:00:46 | 003/003 OK Note TMR ol Ling i xa xe:Origina aan 1 SizeTx: Setting, EME Frame CALL Manual Tx, ras Deg ‘wD :page separ: ECODE IBADR HIP Address cet ax, x. BND, T-1 ible—Sa:BS confidential: BL: Reias. eer" eu ing Direction, BOP eure’ Brees) Scare 31+ ax! Result OK: Communication OK, S-OK: Stop Communication, PW-OFF: Power Switch OFF, EL: RX from TEL, NG: Other Error, Cont: Continue, No Ans: No Answer Refuse: Receipt Refused, Busy: Busy, M-Full:Memory Full LOVR:Receiving length Over, POVR:Receiving page Over, FIL:File Error. DC:Decode Error, MDN:MDN Response Error, DSN:DSN Response Error: DUWEL LAW 130 W. Second Street, Suite 2101 Da: n, Ohio 45402 (237) 297-1154, telephone (937) 297-1152, facsimile www.duwellaw.com FACSIMILE CORRESPONDENCE TRANSMITTAL PAGE Date: 4/10/2012 Number of Pages: 5 | Recipient: Judy Dodge, Dan Foley, Deborah Fax No.: 496-6560 Lieber Sender: David Duwel ClienyMatter: Harley Shepherd — Comments: IF YOU FAIL TO RECEIVE LEGIBLE COPIES OF THE TOTAL NUMBER OF PAGES INDICATED, PLEASE CONTACT THE OFFICE FOR FURTHER ASSISTANCE This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this notice is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone and return these papers to me at the address shown above via first class mai! Thank you