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Home My WebLink About04-3056 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LINDA K. ORNDORFF, Plaintiff CIVIL ACTION - LAW v. NO. tW - 30..s~ ~ BARRY L. ORNDORFF, Defendant IN DIVORCE 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 papers by the Plaintiff. You may lose money or property or other rights irnportant to you, including custody or visitation of your children. When grounds 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 Cumberland County Courthouse, I Courthouse Square, Carlisle, P A 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A 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 717-249-3166 WEIGLE 6< ASSOCIATES, p.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LINDA K. ORNDORFF, Plaintiff CIVIL ACTION - LAW v. NO. BARRY L. ORNDORFF, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE COUNT I - IRRETRIEVABLE BREAKDOWN AND NOW, comes the above named Plaintiff, Linda K. Orndorff, by and through her attomeys, Weigle & Associates, P.C., and Jerry A. Weigle, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: I. Plaintiff, Linda K. Orndorff, is an adult individual presently residing at 2236 Clearfield Road, Shippensburg, Franklin County, Pennsylvania 17257, since May 16,2004. 2. Defendant, Barry L. Orndorff, is an adult individual presently residing at 33 Sandbank Road, Shippensburg, Southampton Township, Cumberland County, Pennsylvania 17257, since 1978. 3. The Plaintiff and Defendant are nationals and citizens of the United States of America, and both have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of the Complaint in Divorce. 4, The Plaintiff and Defendant were married on July 25, 1981, in Newburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6, Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken, 8, The parties have lived separate and apart since May 16,2004. 9. The Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled, WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of Plaintiff's Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage from July 25, 1981, until May 16, 2004, date of separation, all of which property is "marital property", 12. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of the marriage and or subsequent to its acquisition during the marriage, which increase in value a marital property. 13, Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date ofthe filing of this Complaint and substantial portions of said property are in the exclusive control of Defendant. 14. Plaintiff requests the Court to equitably divide all marital property. WHEREFORE, Plaintiff requests the Court to equitably divide all marital property and to enjoin Plaintiff and Defendant from the removal, disposition, alienation, or encumbering of all real and personal property ofthe parties. COUNT III - INDIGNITIES GROUNDS FOR DIVORCE 15, Paragraphs I through 14 of this Complaint are incorporated herein by reference as though set forth in full. 16. Defendant has offered to the person of the Plaintiff, Plaintiff being the innocent and injured spouse, such indignities as to render Plaintiffs condition intolerable and Plaintiff's life burdensome, WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. WEIGLE & ""SO'";"J' P. Bq. ~O ( \)J~ T A. igle, Esquire orney fo Plaintiff Attorney ID # 01624 126 East King Street Shippensburg, P A 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S, S 4904, relating to unsworn falsification to authorities. Dated: (0 --'To -D4 ~~ci"d"t. Q~:d "lIe WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 l, \ ........ \ ~ ~"! '. , ' f)~, \ \'" IX\, ~ U'- '-..:., "', ''J' ~ ~ ~ I ~ ~~\ \ \ \ I~~ ~~~ '. ~ ~ ~ ~. ~ ~' \.; "J ~ ~ '- "\ <;-. ~ ~ f'.: ~ ',~" ~ -~-.l (j r-.." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LINDA K. ORNDORFF, Plaintiff CIVIL ACTION - LAW v. NO. 04-3056 BARRY L. ORNDORFF, Defendant IN DIVORCE AFFIDAVIT OF SERVl[CE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss Patricia A. Frey, being duly sworn according to law, deposes and says that on July 3, 2004, a true and attested copy of Notice to Defend with Complllint in Divorce was served upon the Defendant, Barry 1. Orndorff. Manner of service: by mailling the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Barry 1. Orndorff 33 Sandbank Road Shippensburg, PA 17257 The return receipt signed by the Defendant is evidence of delivery to him and is attached hereto as "Exhibit A." ~A~ Patricia A. Frey Sworn to and subscribed before me this ~..., day of July, 2004, ~ Rf.,;:~, A " ,'"N~yublic "';.~ :~';',\:~,:'J,L.. ":~A:-~ '.:Z .,) . .'.. " -, -'~>-".<~-"-,,-: ( C/Yh. f) ..... ,..-... ....,' . '."\ ~ NOMIlIii _ ~L IOME NDIary '*c ..'-~II---"QI,~ "".......-. I J,,,,,*-./un 7. 200e ':"-'" '-' WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG, PA 17257-1397 I"",*-""," , \' ',oj" . ;\,'\i", --+""~_. ,',ilJ,lolq"K)I<! WQlip.j:lt'r."" -:;\~f:'...~ '; ~otO'" 'l.~ .~iiJAi.jJ ~Jt;U.~;)...t~.~ . '\Ii ..~-uq'f~ '~";~1ii:'f';('.cC? ",M (") ,...., ~ = ~ = .r- p,f:'f '- = _ 1J:, ? ,0.. Zr" I ~~. -1 q~ ~;:;O -0 ~~ ..:,;:C; ~C' :JI: 7,., :<~C: i9 6' --t Si N ~?:. -1 :~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA K. ORNDORFF, Plaintiff CIVIL ACTION - LAW v. NO. 04.3056 BARRY L. ORNDORFF, Defendant IN DIVORCE l'- 00 CI CI U S Postal ServIce CERTIFIED MAIL RECEIPT !DOme::;IIC Mall Only, No Insurance Coverage Provided) PROOF OF SERVICE :;1 OFFICIAL or CI I 001'1 Poslage $ g J'AWCer1lfledFee o o Total Postage & Fees $ (,0 -~ 1- 75 3,5'0 ,-- ,f!:> USE Return Aeclept Fee (Endorsement RequIred) o Restricted Delivery Fee o (Endorsement Required) U1 o IT1 o to f2 St;;,;;(~~;fui~....,l",.....,QE~,ff"'"':J''''''''''''''' ~':?~~.~....,J.....,..,&n?,ba.o.........gL.,._............ Clty,Sta""~ l'la57 ..~~. 1. Article Addl'8lHd to: rillf'. Bt>.tl~ L. Ol'"ndorff .3 ~ ~nd ba.nl:. Road ,s.,lpp€n~U('~ P A I ,)";;l5Jii /" 2. Atltcre Number m-fer from service label) PS FOfTI1 3811, August 2001 7003 0500 0000 8493 8887 3. Service Type ld CertIfied Mail 0 Express Mall 1j Registered Jl Return Receipt for Merchel~ [J InSUred Mall b 0,0.0. 4. Hestricted Delivery? (Extra Fee) JIS v. _Ie Return Recelpt '02S05-02....,5<O ; WEIGLE & ASSOCIATES. "c. - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG, PA '7257-1397 EXHIBIT "A" (') c -r,~5 'f~~:._; e..,;;>; ~~l; ~--;:,-) ;';~t:5 ""C ,- ~ -< ....., <=> = -""' <- c: r- I -.J o -,-, -l :r: -e, rnp= ,-\fT1 -1'0 C;t.l 3.! :';:J ~':C) 2~ ~-n C: ~~ -< -0 ::It ~ N ~ 'I \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA K. ORNDORFF, Plaintiff CIVIL ACTION - LAW v. NO. 04-3056 Civil BARRY L. ORNDORFF, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM: RIGHTS To: Barry L. Orndorff 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 judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When grounds 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 Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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 717-249-3166 A COUNT FOR ALIMONY PENDENTE LITE IS INCLUDED HEREIN AND A HEARING IS REQUESTED. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LINDA K. ORNDORFF, Plaintiff CIVIL ACTION - LAW v. NO. 04-3056 Civil BARRY L. ORNDORFF, Defendant IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND .NOW comes the Plaintiff, Linda K. Orndorff, by and through her attorneys Weigle & AssocIates, P.C., and Jerry A. Weigle, Esquire, who files the following Petition: ' 1. T~e .P.lai~tiff is presently unable to sustain herself adequately during the course of this lItigation. 2. The Plaintiff lacks sufficient property to provide for her reasonable means throughout the litigation filed. 3. Plaintiff requests reasonable support to adequately maintain herself in accordance with the standard ofliving established during the marriage and to protect her legal rights during the equitable distribution phase of this litigation. 4. Plaintiff has recently been notified by her employer, Hoffman Mills, Inc., in Shippensburg, Cumberland County, Pennsylvania, that her employment will soon end due to the plant closing. 5. Plaintiff requests that this Petition be heard by the Cumberland County Domestic Relations Office. WHEREFORE, Plaintiff requests the Court to enter an award of Alimony Pendente Lite, counsel fees, costs and expenses, and such other relief as the Court may deem appropriate until further Order of Court. WEIGLE & ASSOCIAT~S, re. o r [JQ Je A. Weigle,Esquire Attorney for Plaintiff Attorney ID No. 01624 126 East King Street Shippensburg, P A 17257 (717)532-7388 WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Pletition for Alimony Pendente Lite 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. Dated: \ ~-;):;2-0Y ~~'P1Q~@ WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 , ~ (" --t . " ,,,' ~ , ...1..--- ~ -',.' ," ("> ;.....,) ~ ~ ~, ~L ~ " (' " ,~ ) ~ C 0 l'G 1\ I Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-3056 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE LINDA K. ORNDORFF Plaintiff v. BARRY L. ORNDORFF, MOTION FOR APPOINTMENT OF MASTER Barry L. Orndorff, Defendant moves the court to appoint a master with respect to the following claims: (x) Divorce () Annulment (x) Alimony (x) Alimony Pendente Lite and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (x) Distribution of Property (x) Support (x) Counsel Fees (x) Costs and Expenses (2) The Plaintiff has appeared in the action by her counsel, Jerry A. Weigle, Esquire. (3) The statutory grounds for divorce are irretrievable breakdown and indignities. (4) Delete the inapplicable paragraph(s): (a) The action is contested. (b) An agreement has been not been reached with respect to any claims. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any relevant to the motion: None. DATE: January 12, 2005 ekrer. Esquire 1.0. # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 ORDER APPOINTING MASTER AND NOW, this _ day of January, 2005, , Esquire is appointed master with respect to the following claims: irretrievable breakdown and indignities. BY THE COURT: J. . .............-- r-..:> C'.:~.:;) C:::1 c..n s- ....--',.... ....,.."- ::^- \,Jj o - BARRY L. ORNDORFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-3056 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE LINDA K. ORNDORFF Plaintiff v. MOTION FOR APPOINTMENT OF MASTER Barry L. Orndorff, Defendant moves the court to appoint a master with respect to the following claims: (x) Divorce () Annulment (x) Alimony (x) Alimony Pendente Lite and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (x) Distribution of Property (x) Support (x) Counsel Fees (x) Costs and Expenses (2) The Plaintiff has appeared in the action by her counsel, Jerry A. Weigle, Esquire. (3) The statutory grounds for divorce are irretrievable breakdown and indignities. (4) Delete the inapplicable paragraph(s): (a) The action is contested, (b) An agreement has been not been reached with respect to any claims. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any relevant to the motion: None. DATE: January 12, 2005 1II;/./A"-~ (.,rc~i~, Scherer, Esquire 1.0. # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 ORDER APPOINTING MASTER .",.. AND NOW, this I q day of January, 2005, z.....e,/U4 (jd~;LEsquire is appointed master with respect to the following claims: irretrievable breakdown and indignities. 10:6 \. -,\d' J t 1- 1, ~ r 0110" -,t\..I0 -';.' ~ ~.;? co ;:"::) _.~ c::.:::, "-,, C_ ~~ (,-." ~'l .!::- LINDA K. ORNDORFF, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE BARRY L. ORNDORFF, Defendant/Respondent NO. 04-3056 CIVIL TERM IN DIVORCE PACSES # 073JI07082 ORDER OF COURT AND NOW, this 1;< day of February, 2005, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the panies and their respective counsel appear before RJ. Shaddav on Februarv 16. 2005 at 10:30A,M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered, YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax RetllTl1, including W-2's as fited (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule t910.11<D (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, GeorE:e E. Hoffer, President Judge Mail copies on 1,31-05 to: < Petitioner Respondent Jerry Weigle, Esquire Michael Schererj EsqUire /1' /'-~' l, v'" 1/ Date of Order' January 31. 2005 f\ 7/- -(J"~~ LJr ' R'~Shad ay, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AN REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYL VANIA ] 70 13 (717) 249,3166 CC361 U lj () -(1 '-,-i '" :";:,1' (,,) cr. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LINDA K. ORNDORFF ) Docket Number 04-3056 CIVIL Plaintiff ) vs. ) PACSES Case Number 073107082 BARRY L. ORNDORFF ) Defendant ) Other State ID Number Order AND NOW to wit, this MARCH 16, 2005 it is hereby Ordered that: DEFENDANT IS TO OBTAIN AND MAINTAIN MEDICAL INURANCE , AS PROVIDED BY THROUGH HIS EMPLOYER, FOR HIS WIFE, LINDA K. ORNDORF. DEFENDANT IS TO PROVIDE VERIFICATION TO DRO THAT THE MEDICAL INSURANCE HAS BEEN OBTAINED AND THAT THE INSURANCE IDENTIFICATION CARDS HAVE BEEN GIVEN TO THE PLAINTIFF WITHIN TEN DAYS FROM THIS DATE, THERE IS NO MONETARY AWARD OF ALIMONY PENDENTE LITE. DRO: RJ Shad day xc : plliintiff defendant Jerry Weigle, Esquire Michael Scherer, Esquire BY THE COURT: ~~ Edward E. Guido JUDGE Service Type M Form OE,520 Worker ID 21005 , -~.1 I,..L~ In the Court of Common Pleas of CUMBERLAND County, Penns) vania DOMESTIC RELATIONS SECTION LINDA K. ORNDORFF ) Docket Number 04-30 6 CIVIL Plaintiff ) vs. ) PACSES Case Number 07310 082 BARRY L. ORNDORFF ) Defendant ) Other State ID Number ORDER OF COURT You, BARRY L. ORNDORFF plaintiff/defenda t of 33 SANDBANK RD, SHIPPENSBURG, PA. 17257-9004-33 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA, 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the APRIL 18, 2005 at 9: OOAM for a hearing. You are further required to bring to the hearing: I. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have availabte to you 5. information relating to professional licenses 6. other: Service Type M Form C -509 Worker 21302 . . .' ORNDORFF V. ORNDORFF PACSES Case Number: 073107082 If you fail to appear for the conference/hearing or to bring the required doc ments, the court may issue a warrant for your arrest or enter an order in your absence. If pat . ty is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based pon the evidence presented without regard to which party initiated the support action, BY THE COURT: Date of Order: \ - d'l- 0 \' JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HE REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR T THE OFFICE SET FORTH BELOW. TillS OFFICE MAY BE ABLE T YOU WITH INFORMATION ABOUT AGENCIES THAT MAY 0 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NG AND LEPHONE PROVIDE LEGAL CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is requir by law to comply with the Americans with Disabilities Act of 1990. For information abo accessible facilities and reasonable accommodations available to disabled individuals havi g business before the court, please contact our office at: (717) 240-6225, All arrangeme ts must be made at least 72 hours prior to any hearing or business before the court. You mu attend the scheduled hearing. Service Type M Page 2 of 2 Form C -509 Worker I 21302 "', ~ >..,' () ...', C.:;:l ,.:-..:':;' <..-" '. So 1'.) J:"' () -" -l -:-r:-r. i-n?;:: -ocn :,]y C")CJ ~ ~ ~.~-~ ;~~F~ ,::,.;-r, -"" \.0 ::2 -';'" <? =! ~.._---...- - ,-~ " In the Court of Common Pleas of CUMBERLAND County, Perms vania DOMESTIC RELATIONS SECTION LINDA K. ORNDORFF ) Docket Number 04-30 6 CIVIL Plaintiff ) vs, ) PACSES Case Number 07310 082 BARRY L. ORNDORFF ) Defendant ) Other State ID Number ORDER OF COURT You, LINDA K. ORNDORFF plaintiff/defenda t of 2236 CLEARFIELD RD, SHIPPENSBURG, PA. 17257-9324-36 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA, 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the APRIL 18, 2005 at 9 : OOAM for a hearing. You are further required to bring to the hearing: I. a true copy of your most recent Federal Income Tax Return, including W -2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6, other: Service Type M Form CI -509 Worker 21302 ,...- ... ORNDORFF v, ORNDORFF PACSES Case Number: 073107082 If you fail to appear for the conference/hearing or to bring the required doc ments, the court may issue a warrant for your arrest or enter an order in your absence. If pat 'ty is an issue, the court may enter an order establishing paternity, The appropriate court officer may enter an order against either party based pon the evidence presented without regard to which party initiated the support action, BY THE COURT: Date of Order: 3 - .)'\ _'t~l\ JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HE G AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR T LEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE T PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY 0 LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND co BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERIJ\ND County is requir by law to comply with the Americans with Disabilities Act of 1990. For information abo accessible facilities and reasonable accommodations available to disabled individuals havi g business before the court, please contact our office at: (717) 240-6225, All arrangeme ts must be made at least 72 hours prior to any hearing or business before the court. You mu attend the scheduled hearing. Page 2 of 2 Form C -509 Worker 21302 Service Type M n ....., 0 = c,~ ~Il "", , -' ~ -]'" > {;"-lp ;;;:0 ", -aEl ,~'} .;:- ~:l ,l. ,,,".j .- i, -~') ) c') --,," , ril , GJ ~,~ J:~ ~ <.0 .-'- V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION LINDA K. ORNDORFF, Plaintiff BARRY L. ORNDORFF, Defendant PACSES NO. 073107082 DOCKET NO. 04-3056 CIVIL INTERIM ORDER OF COURT AND NOW, this 18th day of April, 2005, 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: The Interim Order of March 16, 2005 is affirmed in its entirety. 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 191 0.12(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 Court Cc: Linda K. Orndorff Barry L. Orndorff Jerry A. Weigle, Esquire For the Plaintiff Michael A. Scherer, Esquire For the Defendant DRO V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION LINDA K. ORNDORFF, Plaintiff BARRY L. ORNDORFF, Defendant PACSES NO. 073107082 DOCKET NO. 04-3056 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on April 18, 2005 the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Linda K. Orndorff, who resides at 111 South Prince Street, Shippensburg, Pennsylvania and whose mailing address is 2236 Clearfield Road, Shippensburg, Pennsylvania 17257. 2. The Defendant is Barry L. Orndorff, who resides at 33 Sand Bank Road, Shippensburg, Pennsylvania. 3, The parties were married on July 25, 1981. 4. The parties separated on May 16, 2004 when the Plaintiff moved frorn the marital residence. 5. The Plaintiff filed for divorce and on December 27,2004 filed a petition for alimony pendente lite, 6. The Plaintiff resided with her parents through December, 2004. 7, The Plaintiff has resided with her boyfriend since January, 2005. 8. The Plaintiff and her boyfriend share the monthly expenses for rent, electricity, telephone and cable television. 9. The Plaintiff is currently employed through a temporary agency in a factory where she earns $10.50 per hour for a 40 hour work week. 10, The Plaintiff's monthly expenses are modest totaling less than $1,000.00 per month exclusive of attorney's fees. 11. The Defendant is employed by Ingersoll Rand as a laborer earning $16.17 per hour. EXHIBIT "1\" :(01-.\ 12. The Defendant earned $40,821.00 in 2004, but income in 2005 is expected to be approximately $35,829.00. 13. The parties filed a joint marital income tax return for 2004 but will file as married/separate in 2005 unless divorced during the year. 14. The Defendant has monthly expenses averaging approximately $2,040.00 including legal fees. 15. The Defendant pays $65,70 per month to provide health insurance coverage for the benefit of the Plaintiff. 16. The parties are proceeding before the Divorce Master on the issue of equitable distribution. DISCUSSION The purpose of alimony pendente lite is to enable a dependent spouse to prosecute or defend a divorce action. Litmans v. Litmans, 673 A.2d. 382 (Pa. Super. 1996). "Alimony pendente lite is based on the need of one party to have equal financial resources to pursue a divorce proceeding, when, in theory, the other party has major assets which are the financial sinews of domestic warfare." DeMasi v. DeMasi, 597 A.2d. 101, 104 (Pa. Super. 1993). Before a calculation of alimony pendente lite is made, a determination must be made as to the claimant's entitlement to an award. Clouse v, Clouse, 50 Cumberland L.J. 167 (2001). Factors to consider in determining entitlement include the separate estate and income of the claimant, the ability of the other spouse to pay, and the character, situation and surroundings of the parties. Litmans v, Litmans, supra. If entitlement is found, the amount of the award is determined by the support guidelines. Little v. Little, 47 Cumberland L.J. 131 (1998). The Plaintiff is currently employed through a temporary agency earning approximately $420.00 per week, or $1 ,820.00 per month. Based upon a married/separate tax filing status, her net monthly income for support purposes is $1,465.00.1 The Defendant earns $16.17 per hour which would result in gross annual income based upon a 40 hour week of $33,634.00. He received an annual profit sharing bonus of $1 ,592.00 and an attendance bonus of $450.00. His annual income is estimated to be $35,829.00 in 2005,2 or $2,973.00 per month. Based upon a married/separate tax filing status, the Defendant would have net monthly income for support purposes of $2,309.00.3 I See Exhibit "A" for deductions from gross income. 2 This includes nominal overtime income received to date. 3 See Exhibit "A" for deductions from gross income. 2 The Plaintiff has modest living expenses. She estimates monthly expenses, excluding her legal fees. of $953.00.4 Her legal fees to date total $1,549.00. The Defendant's living expenses average approximately $2,040.00 per month, which includes his legal expenses and health insurance coverage for the Plaintiff. His net monthly income permits him to pay these expenses without financial hardship. The Defendant's obligation for alimony pendente lite calculated under the guidelines would be $337.50 per month.5 The Defendant pays $65.70 per month for health insurance coverage for the Plaintiff. The major items involved in equitable distribution are the marital residence and the Defendant's retirement. The Defendant desires to retain the marital residence, which has a mortgage encumbrance of approximately $8,000.00 on the property. Consequently he will be required to buy-out the Plaintiff's interest in the property. It is anticipated that the Plaintiff will receive a significant monetary payment at the conclusion of the divorce proceedings which will be more than adequate to pay her legal expenses. The Plaintiff's expenses would increase by approximately $225,00 per month if her current boyfriend were to move from her apartment. Even if this should occur, the Plaintiff will have sufficient income to meet her monthly expenses. Because the Plaintiff has failed to demonstrate a monetary need for an award of alimony pendente lite, none will be recommended. However, the requirement to provide health insurance coverage imposed by the interim order of March 16, 2005 will remain in place. RECOMMENDATION The Interim Order of March 16, 2005 is affirmed in its entirety. r.l'M: (J l8.2wS Dat~~ ~Lv.jOPIL~ Michael R. Rundle Support Master 4 See Plaintiffs Exhibit 1, 5 See Exhibit "B" for the calculation, 3 In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Tax Year: Linda K, Orndorff Barry L. Orndorff 04-3056 Civil 073107082 Current: 2005 Defendant 1 $1,820.00 1. Tax Method 2, Fling Status 3, Who Claims the Exem tions 4. Number of Exemptions 5. Monthl Taxable Income 6. Deductions Method 7. Deduction Amount 8. Exem tion Amount 9, Income MINUS Deductions and Exem tions 10. Tax on Income 11. Child Tax Credit 12. Manual Ad'ustments to Taxes 13. Federal Income Taxes 13 a, Earned Income Credit 14. State Income Taxes 15, FICA Pa ments 16. City Where Taxes Apply $416.67 $416.67 $266.67 $266.67 $2,289.58 $1,136.66 $313.02 $140.08 $313,02 $140.08 $93.94 $57.51 $227,43 $139.23 nSelect-- 17, Local Income Taxes $29,73 $18.20 TOTAL Taxes $664.12 $355.02 Support Calc 2005 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State 10 Number: Linda K. Orndorff Barry L. Orndorff 04-3056 Civil 073107082 $2,308.80 2. Less All Other Su art 4. Difference $1,464.98 $843.82 3, Less Obli ee's Monthl Net Income 5. Less Child Su 6. Difference $843.82 7. Multi I b 30% or 40% 40.00% $337,53 9. Ad'ustment for Other Ex enses 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $337.53 Pre ared b : mrr Date: 4/18/2005 Support Calc 2005 EXHIBIT liB" ;:'J ", l~;;) en ,- ::or} :.;;i i";"i7J I' ._-<\ ~ 1 ;.:: :;-) \.D r...) (...... "- V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION LINDA K. ORNDORFF, Plaintiff BARRY L. ORNDORFF, Defendant PACSES NO, 073107082 DOCKET NO. 04-3056 CIVIL INDEX OF EXHIBITS Plaintiff's Exhibit NO.1 - Income and expense statement Defendant's Exhibit NO.1 - Earnings statement, tax return, income and expense statement c.u II ;' ... In the Court of Common Pleas of l/P/tJs CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O, BOX 320, CARLISLE, PA. 17013 FEBRUARY 1, 2005 Phone: (717)2~225 Fax: (717) 240-6248 Plaintiff Name: LINDA Defendant Name: BARRY Docket Number: PACSES Case Number: Other State ID Number: K. ORNDORFF L. ORNDORFF 04-3056 CIVIL 073107082 Please note: All correspondence must include the PACSES Case Number. Income and EXDense Statement THIS FORM MUST BE FILLED OUT (If you are self-emptoyed or if you are salaried by a business of which you are owner in whole or part, you must also fill out the Supplemental tncome Statement which appears on page two of this income and expense statement. ) INCOME STATEMENT OF L (/JOlt K. Of?, fJDOiR.. FF INCOME: Section I: 1ncome and Insurance f7 ER D/~ J( Employer Address Type of Work Payroll No. Gross Pay per Pay Period $ Itemized Payroll Deductions: Federal Withholding State Income Tax Credit Union Social Securi Retirement Life Insurance Orner Deductions (specify) $ $ $ $ $ Local Wage Tax Savin s Bonds Health Insurance $ $ $ $ $ Net Pay per Pay Period $ OTHER N ~ V (Fill in Appropriate Column) INCOME , WEEK MONTH YEAR Interest $ $ $ Dividends Pension Annuity Social Security Rents Royahies Expense Account Gifts Unemployment Workmen's Comnensation Other Other TOTAL $ $ $ TOTAL INCOME $ Service Type M PROPERTY OWNED Ownership :+ DESCRIPTION VALUE H W J Checking Accounts $ Savings Accounts Credit Union Stocks/Bonds Real Estate Other TOTAL PLAINTIFF'S EXHIBIT $ * H=Husband; W=Wife~J=Ioint I (} ~rJ Form IN ,008 Worker ID 21205 " A Income and Expense Statement PACSES Case Number 073107082 itJ(w o6-ff 7[()579HDV Coverage If< INSURANCE COMPANY POLICY # H W C Hosoiral Blue Cross Other Medical Blue Shield Other Health} Accident Disability Income Dental Other . H=Husband; W=Wife; C=Child Section II: Supplemental Income Statement 3. This form is to be filled 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, Of 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 parb1ership, 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 (1) pannership o (2) joint venture o (3) profession o (4) closed corporation o (5) other c. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net iocome per pay period: (4) Specified deductions, if any: Service Type M Page Z 00 Form IN-008 Worker ID 21205 . . Income and Expense Statement Section III: Expenses PACSES Case Number 073107082 InstrUctions: Only show extraordinary expenses in this section unless you filled out Section II on page two. The categories in BOLD FONT are especially important for calculating child support. If you are requesting Spousal Support/ APL or if you assert your case cannot be determined according to the guideline grids or formula, this section must be fully completed. Total Ex nses: $ I verify thac the. statemen~ made in this Income and Expense Statement are true and correct. I understand that false statements herem are subject to the criminal penalties of 18 Pa. C.S. ~ 4 . relating to unsworn falsification to authorities. i I I /g-/ {J c;- I. '~ (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home Mortgage/Rem $ 2,7S0 $ I <;0 $ Maintenance Utilities Electric $ '2,,1'> $ /""" $ Gas Oil Telephone lo,r-S V/OY Water Sewer Emnlovment Public Transport. $ $ $ Lunch Taxes Real estate $ $ $ Personal Property Insurance Homeowner's $ $ $ Automobile V;.,c, '2.:U:;() uc:;n Life ("Cf Accident Health Other Automobile Payments $ $ $ Fuel ,"] n. /)() q,(] ,fY) In f../fl Repairs cf.fa / uJ,t:7 Medical Doctor $ $ $ Dentist 'J}l"1 ( 'd. / J ('\(\ I C Orthodontist '2, I ,'i/, f').,'q f(,~sr;, Hospital Medicine Special nee'" (glasses, braces, orthonedic devicAA) Date Service Type M Page 3 of3 EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR Education Private School $ $ $ Parochial School College Religious Personal Clothing $ Food Barberi ~oO i Credit Payments Credit Card Charge Memberships Loans Credit Union $ $ $ Miscellaneous Household Help $ Child care Paperslbooks Ma a ines Entertainment Pay TV Vacation Gifts Legal fees Charirnble Other Child Alimony Pa ments Other $ $ $ ~ ln~,_ qOC!- ~96 ~, $ $ ~1Y1'1t YEAR ~ Form IN ,008 Worker ID 2nOS - \ (J) ~~~ 0"'- -< () or (l> co \ 'it xxr-()mGl >O?" 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Z 0 ,." ~ * rn (1) -..j -..j ~ or <0 ~ g. tP 0'1 \ ~ III ~ 0- m ~ ~ '" r- ~ Q) ooo~o~ 0 ~ 5' ooo~o:" ~ 000 0";:" (,f> 0' ,." ~ .., 0 .", -< 0 0 0 0 ?J 0> '" h co -n 0 <1> 0 .., -n <D l: ;IJ (1) ..... , ('l II II I 0 I a , \ <Jl , ;oOdrn,"grn-ox~crno~ ~ mr- zm"o-\'U ~o() (,f> gg~~~~~~~;$(~~~ -(,0) ~ v> ~ ~ C c_c(flr" r ;O(flr" !" ~z~~~(iz ~< mm-\(') 0 $ o(flz -o(fl c~ -\())> N Z () z)> ;0- $(-\:>< m g Gl)> $( c: :::s 0 0 ~ \ 0 ::r (l> (,) * - 0 \ C1l (J'I Z C1l 9 I -F z - 0() ,Il. =: N ().)N ~ V>~ ~ ooo';:"~aJCJ'loc.oCOOCD():IN (,0) 00> ,->o>o>O>NOO<0'" <0 N:'-'< ~ o~o-"NO(J\OC')fJ)f:P~,J:lro.-l -- >< ~ ~ c.n -.l~ $ \> c...> ~ U'I 0 l'-l 0> ~ ()) N "'..........'" .........-en CP..... "'Nen........."'~.....~o'" 0> o.....<QNNQ'),$:loou:> 0 (".)-" oo>o>o>,->",,->gN"'~"''->'" ONO<.U-"COCJ'l (OCO oo~O) . .. .!104( Label (See ilIIrucliona on paQO 16.) UN the IRS label. . OlherwiM.'"": . pIeaM prinl_ 0( type, , PrMIdIntIaI , EJegdQn Camp. , (See ~ 16,1 . FiU,,~ Statu: Check only one box. Exemptions " If more than foe ,,~enlal sa-"_ /!.J'p&ge 18. o.partm."t of the T.....ul)- "'Iema! R.-..en~ SoMe. ti))@04' u.s. Individual Income Tax Return ~ (99) For ""'" Jon. l-iloc. 31, 2004, or _"',.. begmlg ,2004, ondinQ Your fil$t rl8I'M and InitiW Last name A " L. o~,J OeP-Ff= Last name" L #J A O/l.. o(2...r~ tiome addl'8lll (number and atreet). If you have a P.O. bOx, 188 page 16. 33 SAN SAtJIl- (loA '0 , .. '., .' City, town or peat office, eIIot., and ZIP code. If you have a foreign addr8$S, He page 16. St-l \PPIW~ e.vR& ,,~7 ... Note. Checking .Ves- will not change your tax or' reduce your refund. , Do OU, or your spouse if lilin a joint return, want $3 to 0 to this fund? . . . iii- DYel 1 No DYe. [fiNo , 0 Single 4 0 l-lead of househOld (with qualifying po<son). (See page 17.) W 2 00 Married filing joinUy (even if only one had income) lhe qualifying person is a child bu1 not your dependent, entor 3 0 Married filing separa\ely, Enlor spouse's SSN abOve !his child's name ho'e, ~ and full name here. ~ ' '5 0 Qualifying widow('" with dopendont child (soo page In .' BO'''cn;c... -c7 6a Yourae)f. If someone can claam you as a dependent. do not check box 6a . . . . on Oe and 8b ____ b Spa..... .- . , . . " ...' No.ofc....dren c Oependentl:: (2) Dependent's (3) Dependent's 14) if qualifying .onu80.~~~ UftI. _ ri relationship to Child lor cIlild tax __ W'''' ,- m FIrst name list name social setu tv number ou credit see e 18 . dld. nat li~. with o .............- or ..paraUon o (- "".. 101 O CHipendenta on Be not entered .~. ~ o If . Jorn return. apou.... first name and inltJaI d Total number of exemptions claimed IRS USe On/y--Oo not Wl'118 or .... In thIIlpIClII. ,20 OMS No. 1$45-0074 : Your___ ! 208 ;5"0; 73~""2- Spou...._-- /lfz. 5L: S..,g A.lmportantl ... Apt no, You mU8t enter your SSN(s) BboVo. Vou Spouoo Income 7 Wagos, ""larios, iiPl'. ale. Attach Form(s) W-2 Sa Taxable interest, Attach Schedule B if required AlIoch Farmla) b Tax-exempt joteresL Do not include on line 8'1 8b , W-2 ...... Alacl Sa Ordinary di.vidends. Attach Schedule 8 if required .. atIaolt FOl1IIlI. b Qualified dividend, (soo page 20) 9b W-2G_ '0 1ll88-R If lax '0 Taxable rafunds. credits. Qr offsets of stato and I""allncome taxos (seo pago 20) w.. w_ld. " Alimony received " 12 Busine.. Income 0( Qoss). Attach Schedule C or C.EZ 12 13 Capital gain or Ooss), Attach Schedule 0 jf rGejuire.d, If not required. check here .. 0 '3 If you did nol '4 Other gains Of (losses). Attach Form 4797 . '4 gel a W-2, 150 IRA distributions ". . ~I " tj' b i-~I~ arr:ou~t (.;,. ;'g~ 22j , ,5b soo page' 9,. 'lia Pensions and annuities 168 b Taxable smount (seo pago 22) 16b EncIoae,butdo 17 Rental real estate, royaWss, partnerships. S corporations, trusts. etc. Attach Schedule E 17 not attach. any 16 Farm income,~r (loss). Attach Schedulo F 18 , paymenl, AIao, ' .' 19 Unemployment compensation . '9 ~use Social security benofils . I 20a I i I 20b Form 1040-V. 20a b Taxablo smount lseo page 24) ~, Othor income. Wal type and amount (soo pago 24) .....,......,.......:............... 2' l2 Add the amounts in the fatn ht column far lines 7 throu h 21. This is ourtatal income ... 22 3 Adjusted Gross Income ..0 ~or OitctO~O, 23 Educator e><penses \soo paga ~6) . " . ,. , , , 14 Certain business expenses of reservists, performing artists, and too-basis governmenl officials, Al\aCh Fonn 2106 or 2106'EZ !5 IRA deduction (see page 26), , , , . , , !6 Studont 10Ql1 inlorosl deduction I"" pego 26), ", ' , .. ~7 Tuition and foe.' deductlon (soo pago 29) . , , " 28 Health savings aocounl deduction. Attach Form 8889 , la Moving expenses. Attach Fenn 3903 .' , '.. '. \' JO Ono-haif of solf-employment tax, Attach Schedule SE , J1 Son-employed health irvlurance deduction (s.. page 30) \2 Self-employed SEP, SIMPLE. and qualified plans, : ' 13 Psnal\'(. <ll\ !lW'ly wi\hdrawal of savings. , J4a Alimony paid b Recipionfo SSN ,. 15 Add lino. 23 Ihrough 34a. . : , , .' . i6 Subtract line 35 from line 22. This is our ad'uBted roa. Income ,aoy Act, end Paperwork Reduolion Act NoUco, ... pege 75. 25 23 24 25 26 27 28 28 30 3' 32 33 34a . , ~ Cat. No. 113208 Form 1040 (2004) " ... '" f.... 1040 Taxal Credii SI..MIot< DeclIlGII, for- .; . People ohockOd box on Ii 38a or 3; who can - d~, -~. . All~,!, Single or Married! aeparalQi $4,850 Married! ,'joinlJy or QualIfylns. wldow(erj $8.700 Head 01 _I, $7,1 SO . , Oth~r Taxelj Pa~mel .. If you ha.. qualifying child, all< Schedule " Refund o;rect dope See page e; and f~ in 7; 12c, and 7~ Amount Y9U Ow; Third p, Designf Sign Here Joint feCUm Sea pogo , Keap a COj, loryoor records. Paid Prepare , Use Onl ) 37 Amount from line 36 (adjusted gross Income) . . . . . . . . . . . . 38a Check { 0 You were bom bofore January 2, 1940, 0 Blind.} TolaI boxes il:, 0 Spou.. was born belore January 2, 1940. 0 Blind, chocked ~ 38a If your spouse itemiles. 00 a separati- f&tWn Of ~ were a d~status alien. see page 31 and ct1eCk hef& .. 38b Itamlzed deductions (from Schedule Aj or your standard deduction (.... left margin) , . Subtractline39fromline37. . . . . . . . . . . . . . . . . . . .If line 37 Is $107,025 or less. multiply $3,100 by the total number of exemptions claimed on line 6<1, If line 37 is OVOf $107.025. .... the worksheet on page 33. , . ' , . , Taxable Income. Subtract tine 41 from line 40. If linG 41 is more than line 40, enter .0- Ta. (see page 33). Chock ff any tax i.llom: a 0 Form(s) 8814 b 0 Form 4972 A11ernaliv. minimum tax (see page 35), Attach Form 6251 , Add lines 43 and 44. , , . , . , , , , , ,', Foreign tax credit. Attach Form 1116 if required Credit for child and dependent care expenses. Attach Form 2441 Credit for the elderly or, the disabled. Attach Schedule R , Education credi.ts. Attach Form 8863 . . . . . . Retirement savings contributions croolt. Attach Form 8880. Child tax credit (see paga 37). . , . . . . , Adoption crodlt. Attach form 6839 , . , '. . , . Credits from: a 0 Form 8396 b 0 form 8859. . , Other credits, Check applicabie bOx(es): a 0 Form 3600 b 0 Form 6801 'c 0 Specify SS Add lines 46 through 54. These are your total credits 56 Subtract line 55 from line 45. If line 55 is more than line 45, enter -a~ . , 57 ,Sell-employmant tax, Attach Scheduie SE, . '. . . . . . , 058 Social security ana Medicare tax on tip Income not reported to employer. Attach Form 4137 58 Additional tax on IRAs, other qualified retirement plans, atc, Attach Form 5329 if required . 60 Ad....ance earned income credit payments from Form(s) W-2 . 61 Household employment taxes. Attach Schsdule H 62 Add lines 56 through 61. This is our total tax 63 Federal income tax withheld from Forms W-2 and 1099 64 2004 estimated tax payments and amount applied from 2003 return :66a Earned incoma <redil (EtCI . , , . . . , , , . , b Nontaxabie combot pay election ~ 66b 66 Excess. social &eCurity an.d tier 1 RATA tax withheld (see page 54) 66 87 Addrtional child tax crodrt. Attach Form 6812 , . . ,. 67 68 Amount paid with, request for extension to file (see page 54) 68 69 Olher payments from: a 0 F00'lIl2439 b 0 Form 4136 c 0 Foon 8865. 69 70 Add lines 63. &4. 65a. and 66 through 69. These are your total payments . . . . ~ 71 If line 70 is more than line 62, subtract line 62 from line 70. This is the amount ,/OU o'4erpaid. 728 Amount of line 71 you want refunded to you ........... ~ , b Routing numbor 0 Savings . d Account number 73 Amount of line 11 01.1 want a iedtD our2005estimatedtax.. 73 74 Amount you owe. Subtract line 70 from line 62. For details on how to pay, see page 55 ~ 75 estimated tax penalty (see pa a 55). . . , .'.'., 75 Do you want to allow another person to discuss this return with the IRS (see page 56)? 0 Yes. Complete the following. 0 No l=b 41 42 43 ,; 44 46 46 47 46 49 ,ljO 151 152 153 15<1 , Pago2 100 to '2-DO 41 42 43 44 45 () ~ 46 47 48 49 SO 51 52 53 ; ,-.;. 54 ~ 55 56 57 58 59 60 81 62 b b ~ "33/ 2. Dasig08l;l's Pnone Pen;onal identification r-r-r-r-r-1 name ... no. ~ (. ) number (PIN) .... ~ Under penalties ot P<<iL.llY, I declare trial I have examined this relum and accompanying schedules and statements, and to the best ot my knowledge and belief, they are tfUe, COfTect, and complete, Declaration at prlij)8l'8( (other Ulan taxpayeq is based on all inloonatioo of whidl pl"epater has any knowledge. Your signature 0 e Your occupatioo Daytime ptlOne number t:J 1lJ') Ole 3 13 " > Spouse's signature, It a joint return. both must sign. oJ. ~" Preparar's'~, ., signature .' 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"-11 L-.....-. c '~I"'I'""''''''''' 'J """............ i:~.'~:, .,.;;' ~RY L ORNDORFF . r '33 SANDBANK ROAD . 'SHIPPENSBURG. PA 17257 o 2002 AUTOMATIC DATA .. =; ~ ~ ~ . ~ . .... .. . ;;;Sl u .. III '" 1:'<1 :;;r E~61 ~{ On 00 f xl 'I t I Ill"'''' 01 ='D ~r_ o n,< "''5:~ '1'1 ~lIli '" ~~ ..JI .. i ~ n~" ~ ~ . tj 6 -Jr "'.' '" m~ .. I; i ~i ~~ I ",Jl I I ~ gj .... ~ .. gj ~ ~j ~'i .. 'I f lIl2: .. I Sl mf;li!li ~ ",' 0 : '~15 ~... it ~_I :;: I;)g~l' g u - 0 0 ''8 ~l I . [:lllll I i HI t . ~l!l " . I ~ ~ .. [.. i 1;;1 ,.. ....~ I 0 I I;;i ....f a Ii jj~ ~i!; "'i n i '" ~l ~i .... 11 1 '" '" .. i '< ~!J ... .... -J "'~ ?' ~~ '" I ;"11 ... '" , .. .. - '!' J .. w '" '" '" '" '" '" ~ .. g . N 0 .. I ( ~I- II '" i1 ii ii ii ~ I i :; i i i i I 1 , ~ . I Ii ! ~l I i' II ~l ",! -JI! I .. ~ I ~l wr i '" .... ~ ill '" I! .. f '" I '" I ." '" '" ... ~ -; '" , ;;: , '" '" '" . 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Rand Company Road Development 312 Ingersoll Dnve Shippensburg, PA 17257,9215 (717)532,9181 February 19, 2005 Barry Orndorff 33 Sandbank Road Shippensburg, PA 17257 Dear Barry, I wanted to confirm that you have medical and dental coverage through Ingersoll Rand, The current cost of your coverage is 54.56 dollars per month. To increase your coverage to employee plus one the cost would be 120.26 dollars per month, The transaction date is the date the insurance becomes effective. If you have any questions please call me at 532-3146. 17re1Y, p~~ /~~y MacD aid C EmPI=:fare Administrator Ingersoll-R~ Road Development Shippensburg, PA 17257 . .. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESfIC RELATIONS SECTION 13 N, HANOVER Sf, P.O, BOX 320, CARLISLE, PA. 17013 FEBRUARY 1, 2005 Phone: (717) 240-6225 Fax: (717) 240-6248 Plaintiff Name: LINDA Defendant Name: BARRY Docket Number: PACSES Case Number: Other State ID Number: K. ORNDORFF L. ORNDORFF 04-3056 CIVIL 073107082 Please note: AU correspondence must include the PACSES Case Number. Income and EXDense Statement THIS FORM MUST BE FILLED OUT (If you are setf-emptoyed 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 DMf7 t. Orrd,r({ INCOME: Section I: Income and Insurance Employer Address Type of Work Payroll No. Gross Pay per Pay Period $ Itemized Payroll Deductions: Federal Withholdin State Income Tax Credit Union Other Deductions (specify) $ $ $ Social Securi Retirement Life Insurance Pay Period (wkly.. bi~wkly., etc.) $ $ $ $ $ Local Wa e Tax Savin s Bonds Health Insurance $ $ $ $ $ Net Pay per Pay Period $ OTHER (Fill in Appropriate Column) INCOME WEEK MONTH YEAR Interest $ $ $ Dividends Pension Annuity Social Security Rents Rovalties Expense Account Gifts UnemDlovment Workmen's Comoensation Other Other TOTAL $ $ ~ TOTAL INCOME $ Service Type M PROPERTY Ownership III OWNED DESCRIPTION VALUE H W J Checking Accounts $ Savings Accounts Credit Union Stocks/Bonds Real Estate Other TOTAL 1$ * H=Husband; W=Wife; J=Joint Form IN.ooS Worker ill 21205 > Income and Expense Statement PACSES Case Number 073107082 Coverage '" INSURANCE POLICY # H W C COMPANY Hosoital 7010/J -/ V ('Blue Cross..] Other Medical lOll> P ./ ./ (Ilfue Shield) Other Health/Accident Disability Income Dental Dc fJS ')}':';//;) r V- Other * H~Husband; W=Wife; C~Child Section II: Supplemental Income Statement a. This form is to be filled out by a person D (1) who operates a business or practices a profession, or o (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 entiry. b. Attach to chis 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 D (2) joint venture D (3) profession D (4) closed corporation o (5) other e. Name of accountant, controller or other person in charge of financial 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: Page 2 of3 Fonn IN'()()8 Worker ill 21205 Service Type M Income and Expense Statement PACSES Case Number 073107082 Section ill: Expenses Instructions: Only show extraordinary expenses in this section unless you filled out Section II on page two. The categories in BOLD FONT are especially important for catcul.ting child support. lfyou are requesting Spousal SupportlAPL or if you assert your case cannot be determined according to the guideline grids or fonnula, lhis section must be fully completed. (Fill in Appropriate Colunm.) WEEK MONTH YEAR $ 2//2.'1 $ S",u~ $ I{)O.'I) $ 6S.~' '15',00 2.,,0' $ $ IO.()~ $ $ 1l5'!,1I $ $ ZS3 (,'110 '-Il.I1. 21, ~"t 11." ie.to $ ]"1(,,1'1 $ ioq 60 $ $ >q 'Zot) L(>1 EXPENSES Home ~ortgage/Rent $ Maintenance Utilities Electric $ Gas .eat Ltll... rf. Telephone Water Sewer Em 10 ment Public Transport. $ Lunch Taxes Real estate $ Personal Property Insurance Homeowner's $ Automobile Life Accident Healtb Otber 1),S'~'1.I Auromobile Payments $ Fuel Repairs Medical Doctor $ Dentist Orthodontist Hospital Medicine pet nee (glasses, bracesy . . EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR Educ.tion Private School $ $ $ Parocblal Scbool College Religious Personal Clothing $ $ $ 20" Food lot> ~a~ber/ '1v Credit Payments Credit Card Cbarge Memberships 50 Loans Credit Union $ $ $ Miscellaneous Household Help $ $ $ Child care Paperslbooks Entertainment fl. Pay tv 41-5'] Vacation Gifts Legal fees 3Zo ~ri..ble ber CbUd ~.ny m-:'- Other $ $ $ 16>1.j ,,/1> 316' ,l1 I Total I WEEK MONTH Iv . Expenses: $ $ I~"I% $ rf~271 sta enfy that the. statements made in this Income a .' tements herem are subject to the criminal penaft~;~r18~ta~eSment4'904re true a~d correct. I understand that fo 1 , ,. relatmg to unswo fl. a se l.j '/I, C>~ ,rn a Slficalion to auihorities, Date C:O"''''';r-p. Tvne M Page 3 of 3 Form IN,008 Worker ID 2' (-') I".) , , , C) -Tl --I -;~~ ::>.:J -,' ! 1 ~J) r,) ( , (i, " II LINDA K. ORNDORFF Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, NO. 2004-3056 CIVIL TERM BARRY L. ORNDORFF, Defendant CIVIL ACTION-LAW IN DIVORCE Pcf.,,.,d cr" + PlAINTIFfi'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301/c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on July 1, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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, 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Section 4904 relating to unsworn falsification to authorities. Date: !f) - f 9-0 S -, 2005 ~ y 0 __~ ' RY L. ORND F "" ~ C) -n -, ~r~ ~ , - C:'::,I ~? CI'1 C'; - .------ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA K. ORNDORFF, Plaintiff CIVIL ACTION - LAW v. NO. 04-3056 Civil BARRY L. ORNDORFF, Defendant IN DIVORCE AFFIDAVIT OF CONSENT I. A complaint in divorce under S 3301(c) of the Divorce Code was filed on July 1,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. S 4904 relating to unsworn falsification to authorities. Dated: I . \ l,- (r)'" 0'6 if.d~ Kc \1., .C);\ kr:J&l./~" , indaK. Orndorff, Plaintiff l. WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW ~ 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 2? "" r.::::' ,;:::;::-, .c:.sl C) .1 .-j ~,r ('1'1 Q ,,'::; _.; c::.:, (': c..r -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA K. ORNDORFF, Plaintiff CIVIL ACTION - LAW v. NO. 04-3056 Civil BARRY L. ORNDORFF, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER !l3301(c) AND !l3301(d) OF THE DIVORCE CODE I. 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 this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Dated: 10--1 '6'-0<; /. - ~k 'rc...I<,Cbtt--(;lct..#J Linda K. Orndorff, Plaintiff . WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW ~ 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 , ',:" '-~" " -~-: C:J (..--<: cr; -,--- LINDA K. ORND RFF, laintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 3056 CIVIL BARRY L. ORND RFF, efendant IN DIVORCE ORDER OF COURT ND NOW, this 4. /'" - day of been 2006, the eco omic claims raised in the proceedi resolved in a cordance with a marital settlement agreement dated July 5, 2006, the appointment of the Master is vacated and counsel c n file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: Jerr A. Weigle Atto ney for Plaintiff Mich el A. Scherer Atto ney for Defendant BY THE COURT, Q~jtZl~ Edgar B. Bayley, P.J~~ <6~tr,-~ ~ ~ Jf5 :>- ,-'" ~ ~ C I-'> tJ2 - ,5'<7' - .:a:- -_.)~-::];; i1::0 ,"J~ 'Li!:' ocr ;gEl -)~ \0 .';';: W - 211 fi!!.I.J ~!) 'FE ~ iJ]I,Lj oq: Q)C( & ~ ~ ~ a ~ . Page I of9 MARITAL SETTLEMENT AGREEMENT 'o),h THIS AGREEMENT, made this,,5 day of J ~ ' 2006, by and between Barry L. Orndorff hereinafter referred to as "Husband," of 33 dbank Road, Shippensburg, Cumberland County, Pennsylvania 17257, and Linda K. Orndorff, hereinafter referred to as "Wife," of 2236 Clearfield Road, Shippensburg, Franklin County, Pennsylvania 17257. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on July 25, 1981, in Newburg, Cumberland County, Pennsylvania, with no children having been born ofthe marriage; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling some of their respective financial and property rights and obligations as between each other including, without limitation by specification, the equitable division of marital property and the settling of all matters between them relating to the past, present and future support, alimony and lor maintenance of Wife by Husband or of Husband by Wife. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds, if such grounds exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation, on the part of either party hereto, of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 f. Page 2 of9 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement may be incorporated into any divorce decree, which may be entered with respect to them. 4. DATE OF EXECUTION The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel; Jerry A. Weigle, Esquire, for Plaintiff; and Michael A. Scherer, Esquire, for Defendant. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment, which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 7. SEPARATION DATE The parties do hereby acknowledge that they separated on May 16, 2004. It is hereby agreed that May 16, 2004, shall be the separation date for purposes of equitable distribution under the Pennsylvania Divorce Code unless altered by subsequent agreement of the parties in writing and signed by each of the parties. No attempt at reconciliation shall be considered to alter the separation date unless evidenced by written agreement. WEIGLE & ASSOCIATES, Re. - ATTORNEYS AT L.AW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 3 of9 8. MOTOR VEHICLES A. The parties agree that Wife shall become the sole and exclusive owner of the parties' 1997 Ford Explorer. B. The parties agree that the cash equity in a certain 2004 Ford F250 pick-up truck in the possession of Husband at the time of separation in the amount of Eleven Thousand Two Hundred Twenty-seven Dollars and Forty-one Cents ($11,227.41) shaH be the sole and exclusive property of Husband. 9. PERSONAL PROPERTY A. Husband and Wife agree that all of the items on a certain five (5) page list which is attached hereto and made a part hereof shall become the sole and exclusive property of Wife. B. Husband and Wife do hereby acknowledge that with the exception of the items specified in Paragraph A they have previously divided their tangible personal property, including but not limited to jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, vehicles, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shaH be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items, which shall become the sole and separate property of the other. C. Husband and Wife agree that the couple's three (3) poodles presently residing in the marital residence with Husband shall become the sole and exclusive property of Husband upon the execution of this Agreement. 10. AFTER-ACOUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose ofthe same as fully and effectively, in all respects and for all purposes, as though he or she were not married. 11. REAL ESTATE The parties hereto acknowledge and agree that they are owners of a parcel of land together with improvements erected thereon situate in Shippensburg, Southampton Township, Cumberland County, Permsylvania, and more specifically described in Cumberland County Deed Book 31H, at Page 315. For and in consideration of the mutual covenants and agreements herein contained in the body of this instrument, Husband and Wife further stipulate and agree that said real estate shall be retained by Husband. Husband shall be solely responsible for the repayment of Husband and Wife's joint mortgage obligation thereon in the approximate amount of Nine Thousand Six Hundred Thirty-two ($9,632.00) Dollars and shaH cause Wife's name to be removed therefrom within thirty (30) days from the execution of this Agreement. WEIGLE & ASSOCIATES, Re. - ATTORNEYS AT 1-AW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1.397 l. I Page 4 of9 12. WAIVER OF SPECIFIED CLAIMS BY WIFE Wife hereby waives any and all right to claim any interest or share in Husband's Ingersoll- Rand pension valued at approximately $73,742.00. 13. WAIVER OF SPECIFIED CLAIMS BY HUSBAND Husband hereby waives any and all right to claim any interest or share in Wife's Hoffman Mills pension valued at approximately $2,000.00 14. FUNDS ON DEPOSIT AT BANKS OR FINANCIAL INSTITUTIONS Funds in the following banking institutions have been equally divided between Husband and Wife: Orrstown Bank Checking Orrstown Bank Savings M&T Savings $ 300.00 $1,600.00 $5,683.00 15. WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 16. WARRANTY AS TO FUTURE OBLIGATIONS Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur a liability whatsoever for which the estate of the other may be liable. 17. LUMP SUM PAYMENT TO WIFE In consideration of Wife's waiver of all rights arising from the marital relationship except as provided in this Marital Agreement, Husband shall pay to Wife the full sum of Seventy-one Thousand Six Hundred Eighty-nine Dollars and Seventy-one Cents ($71,689.71) as follows within sixty (60) days from the date of execution of this Agreement: $40,000.00 $31,689.71 Cash Rollover to IRA to be established by Wife WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257~1397 Page 5 of9 18. DEBT OBLIGATION FOR THREE-PIECE BEDROOM SUITE The parties hereto acknowledge a remaining joint debt obligation for a three piece bedroom suite to l7z",." Orndorff, mother of Husband, in the amount of One Thousand Five Hundred ($1,500.dO)DOllars. Wife agrees to pay the said ~i~Orndorff directly, one-half of said obligation, to wit, the full sum of Seven Hundred Fifty ($750.00) Dollars within five (5) business days after receipt from Husband of the lump sum payment called for in this Agreement. 19. LEGAL FEES The parties hereto agree that each will pay his/her own legal fees incurred in dissolving the marital relationship between them and equitably dividing the marital estate. 20. INCOME TAX RETURNS The parties agree to file separate federal and state income tax returns. 21. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatsoever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower, courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of ( a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 22. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 6 of9 23. DIVORCE The parties hereto agree to enter into a mutual consent divorce under Section 3301(c) of the Permsylvania Divorce Code of 1980, as amended. Wife agrees to pursue the present divorce action filed to No. 04-3056 Civil, 2004, in the Court of Common Pleas of Cumberland County, Permsylvania, and to be the Plaintiff therein. Husband agrees to sign the necessary documents, including the Affidavit of Consent, at such time after the ninety (90) days of filing of the Complaint and further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 24. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all future instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions ofthis Agreement. 25. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Perm sylvania. 26. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 28. WAIVER OF ALIMONY AND OTHER RIGHTS The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, Action of April 2, 1980, Number 1980-26, as amended, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and except as specifically provided for in this agreement, hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. WEIGLE & ASSOCIATES, p.c. - ATTORNEYS AT \...AW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257.1.397 I). Page 7 of9 29. FINANCIAL DISCLOSURE The parties confirm that they have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution ofthis Agreement. 30. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 31. NO WAIVER OF DEF AUL T This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 32. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, .then only that term, condition, clause or provisions shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 33. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 34. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. WEIGt..E & ASSOCIATES, Re. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 , . Page 8 of9 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: c~>J, KC)nr;.e1~ ' Linda K. Orndorff - 0- ~~ B~d~f OJ.#- WEIGLE /5( ASSOCIATES. P.C. - ATTORNEYS AT LAW - 12.6 EAST KING STR.EET - SHIPPENSBURG, PA 17257~1397 Page 9 of9 COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND On this, the ~ay of Public, the undersigned officer, personal appeare person whose name is subscribed to the within A the same for the purposes therein contained. 2006, before me a Notary Linda K. Omdorff, known to me to be the eement and acknowledged that she executed IN WITNESS WHEREOF, I have hereunto set rny hand and seal. C{/ (SEAL) COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the I/~ day of , 2006, before me a Notary Public, the undersigned officer, personally appea~ B 1. Orndorff, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. ~~~~ (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer S. Undsay, Notary Public CalIisIe Bolo. CUmberland County My QJmmission Expires Nov. 29, 2007 Member, PeMsylvanl8 ASSOCIatIon Of Notaries WEIGLE & ASSOCIATES, Re. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 112S7~1397 (") ....., 0 = c. = .." "" ~ ",. :r.!:n -Un' c: nil n1, 2. ~~,_: C") -"m :<rm-- N ;i76 (/! ,.-' ., N C) ~:~ :lJ -'.r", -0 "1") -,-:;': (~~) 3: ~-~ (") ....~. '-' 8m c: ~ ...:';... -" .e- '0 -< 0' '< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA K. ORNDORFF, Plaintiff CIVIL ACTION - LAW v. NO. 04-3056 Civil BARRY L. ORNDORFF, 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. Grounds for divorce: irretrievable breakdown under S 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: July 3, 2004, by mailing postage paid, certified mail, addressee only, and return receipt requested at Shippensburg, Pennsylvania. 3. Date of execution of the Affidavit of Consent required by S 3301(c) of the Divorce Code: by Plaintiff, October 18, 2005; by Defendant, October 18, 2005. 4. Related claims pending: The attached Marital Settlement Agreement between the parties dated July 5, 2006, shall be incorporated but not merged into this Decree in Divorce pursuant to the said Agreement. 5. Date of filing of the Waiver of Notice required by S 3301(c) of the Divorce Code: Plaintiffs, October 18,2005; Defendant's, October 18, 2005. WEIGLE & ASSOCIATES, P.C. A. i Ie, Esq ttorney for Plaintiff Attorney ID # 01624 126 East King Street Shippensburg, P A 17257 Telephone (717)532-7388 WEIGLE & ASSOCIATES, Re. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 g ~ 0 ~ ~ ..., -00' ~ ~;;g mn-' --/',. . <7> ,;:--.,' -;.,,"1 N -orn tn'l. :o?; Sic N 0 ..4 ._) _""r- --0 :'C:!l ;::.. t~- ::r; '~B )>' <5"" 'c.: - z .. ;;o..t :2 ;s::- ~ N IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. LnmA K. ORNDORFF, No. 04-3056 PLAINTIFF VERSUS BARRY L. ORNDORFF, DEFENDANT . DECREE IN DIVORCE AND NOW, A-v-t- ~ ( ,.;r 7:o.3A.A . 2006 , IT IS ORDERED AND DECREED THAT LnmA K. ORNDORFF , PLAINTIFF, AND BARRY L. ORNDORFF , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; THE ATTACHED MARITAL SETrLEMENT AGREEMENT BJmIl!ElI THE PARTIES DATED JULY 5, 2006 SHALL BE DlCORPO~ NOT MER(; urIO THIS DECREE IN DIVORCE PURSUANT TO THE SAID BY TH ATTEST: J. PROTHONOTARY L, __ ~ ?/.1 'p ~ fr'';'~:t.w?? ?/.1P . II > ~ "Il , ~"A . lto,,'il .......',;,.,,'\. '~ '" 1\ .. - . DC; 3 1 2006 I LINDA K. ORNDORFF Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-3056 CIVIL TERM BARRY L. ORNDORFF, Defendant CIVIL ACTION-LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefit under the Ingersoll-Rand Company Defined Contribution Plan as stated in Section (1) below and is entered pursuant to the authority granted under the applicable domestic relations laws or community property laws of the Commonwealth of Pennsylvania. This Order relates to the provisions of marital property rights. Section (1) - Plan Name: The name of the Plan which this Order applies is Ingersoll-Rand ESP. Section (2) - Participant Information: Participant: Barry L. Orndorff Date of Birth: Juiy 3, 1956 Social Security No.: 208-50-7352 Mailing Address: 33 Sandbank Road, Shippensburg, Pennsylvania 17257 Telephone No.: (717) 532-9181 } I' II ,~'" ,..... Section (3) - Alternate Payee Information: Alternate Payee: Linda K. Orndorff Date of Birth: September 4, 1959 Social Security No.: 192-52-5487 Mailing Address: 2236 Clearfield Road, Shippensburg, Pennsylvania 17257 Telephone No.: Alternate Payee has an interest In the Participant's vested account balance under the Plan as named in Section (1) of this Order. An "Alternate Payee" as defined by the Internal Revenue Code Section 414 (p)(8) is a spouse, former spouse, child or other dependent of the Participant. Section (4) - Amount Assigned To Alternate Payee: Provided a specific amount or percentage to be assigned to the Alternate Payee from each designated plan. Specific Amount: $31,689.71 Section (5) - Commencement Of Benefits: Upon receipt of this properly completed Qualified Domestic Relations Order, the Alternate Payee's assigned benefit will be processed as soon as practical following the thirty (30) day appeal period or upon receipt of a properly completed and notarized Waiver of Appeal form. The Alternate Payee will be contacted by the Plan Administrator for specific information required to set up a separate account and to provide information regarding distribution options. Upon receipt of the required information from the Alternate Payee, the record keeper will establish a separate account for the Alternate Payee's exclusive benefit. il " Section (6) - Understandings and Conditions: 1. Change in Plan Sponsor- Changes in Plan Sponsor, Plan Administrator or Plan Name shall not affect this Order. 2. Death of the Alternate Payee - In the event of the Alternate Payee's death prior to the distribution of the assigned benefit, the amount assigned will be paid out to his/her estate. I II 3. Name and Address- The Participant and the Alternate Payee must advise the Plan Administrator of any changes in the mailing address(es) or legal name(s) as previously set forth in this Order. 4. Notice of Prior Order- By the submission of this Domestic Relations I I II \, I' Order, the interested parties in this cause certify that they are not aware of any prior Orders which purport to dispose of the benefits described herein. Should a prior Order exist, it is the responsibility of the interested parties to advise the Plan Administrator prior to the Plan Administrator's determination of the "qualified status" of this Order. 5. Qualified Domestic Relations Order- This Order is intended to fulfill the requirements of a Qualified Domestic Relations Order pursuant to Section 414 (p) of the Internal Revenue Code, and as such, tllis Order is not intended to require the Ingersoll-Rand Company Defined Contribution Plan (s) to provide any increased payments over those otherwise due the Participant under the Plan. 6. Tax Basis- The tax basis of the distribution to the Alternate Payee must be on a pro-rata basis pursuant to Internal Revenue Code Section 72 (m)(10). 7. Terms- The terms used in this Order shall have the same meaning as in the Ingersoll-Rand Company Plan document(s). II . 8. Valuation- Accounts are valued on a daily basis. The Alternate Payee's assigned portion will be taken proportionately from all available funds in which the Participant has a vested account balance. . t . I~ IT IS SO ORDERED THIS '- ~ day of JV ~ '" ,2006. J. :~T'C'P~f __ ~ryL~ Date: /0 -).~ - 0(, ~RNATE PAYEE -u 1- K ~dn . Linda K. Orndorff '-6- Date: ~O - LO - ct; Attorney for Participant if/t;1j, ~ Michael A. Scherer It1t1W 3D) 2~' Date: Date: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Jerry A. Weigle, Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, Pennsylvania 17201 (717) 532-7388 'tF~ J / - (J,) . 0' (/'-l ~ '-~-~: :'\Ul:) r .t., ..,1 I! J o If "(.tl ~,"ii( Z- jt"fl\l Ci'U1Z t. ;"",.-, J'IV-