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HomeMy WebLinkAbout08-7457Ah SANDRA D. ORR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW TROY G. ORR, : NO. 08 - '1g51 CIVIL TERM 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 will proceed without you and a decree of divorce or annulment may be entered against you for any 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 the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 SANDRA D. ORR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW TROY G. ORR, : NO. O k- 7yS 7 CIVIL TERM Defendant IN DIVORCE COMPLAINT IN DIVORCE ATlI T. A TTT 'T 1. Plaintiff is Sandra D. Orr, an adult individual currently residing at 974 Pine Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Troy G. Orr, an adult individual currently residing at 974 Pine Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 17, 1997 in Miami, Florida. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Plaintiff is not a member of the United States Armed Forces or its Allies. Defendant is a member of the United States Navy. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, ffie, Esquire A orney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: i1 zt RA D. ORR, Plaintiff (fit o v D I t,': sv `nom =jt SANDRA D. ORR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION -LAW TROY G. ORR, NO. 08-7457 CIVIL TERM Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Troy G. Orr, acknowledge that I received a copy of Plaintiff's Complaint in Divorce in the above captioned action by hand delivery on December ?_, 2008. DEC 2 9 2006 0, G,._ co k t GRIFFIE & ASSOCIATES SANDRA D. ORR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TROY G. ORR, NO. 08-7457 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on December 24, 2008, and served on December 27, 2008, as indicated in Acceptance of Service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 3, ?cc 9 -1?? n Z-- - e I, ?? - 0 ndra D. Orr, Plaintiff SANDRA D. ORR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TROY G. ORR, : NO. 08-7457 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: -lee - 3, zc dra D. Orr, Plaintiff SANDRA D. ORR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ri rn -° TROY G. ORR, NO. 08-7457 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT C-0 V-; 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on December 24, 2008, and served on December 27, 2008, as indicated in Acceptance of Service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. fE,B ?Vjv-"- DATE: A Troy G O , Defendant SANDRA D. ORR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TROY G. ORR, Defendant CIVIL ACTION - LAW NO. 08-7457 CIVIL TERM IN DIVORCE n N Cn CA JER OF NOTICE OF INTENTION TO RE() I THE ENTRY OF A DIVORCE DECREE UNDER 0301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. /?- DATE: l f 20/ 0 Troy G, `Defendant R -W-," its OF TFE PROTHONOTARY -2 PM !2: 52 CUM FRLN10 COUNTY PEWYLVAN THIS AGREEMENT made this\_k!?day of 2009, by and between SANDRA D. ORR, of 974 Pine Road, Carlisle, Cumberland County, Pennsylvania, 17015, party of the first part, hereinafter referred to as "Wife," AND TROY G. ORR, of 974 Pine Road, Carlisle, Cumberland County, Pennsylvania, 17015, party of the second part, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, Husband and Wife were married on October 17, 1997, in Miami, Dade County, Florida; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and --Page 1 of 21-- WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to --Page 2 of 21-- the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. --Page 3 of 21-- 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. --Page 4 of 21-- 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. The parties acknowledge that they have divided their tangible personal property, to their mutual satisfaction, either by physically dividing it prior to executing this Agreement or by setting forth their intending division of personal property as set forth on Exhibit "A" (2 pages) which is attached hereto and incorporated herein by reference. Neither party shall make any claim whatsoever against the personal property to be retained by the other party from the time of execution of this Agreement forward. 3.4 Life Insurance. Each party shall retain ownership of any policies of life insurance in existence at the time of execution of this Agreement. Each party shall name the other as beneficiary on all such policies until the parties' youngest child has reached the age of 18 years. At that time, the parties shall name all of their children as equal irrevocable beneficiaries on such life insurance policies. Each party must continue to maintain any required premiums on such life insurance policies and shall not borrow against or otherwise encumber said policies and shall not liquidate or "cash in" said policies at any time. However, nothing in this paragraph shall obligate the parties to secure new policies of insurance in the event the policies in existence at present end by their own terms, such as will occur with respect to any term life insurance policies or similar policies. --Page 5 of 21-- Each party may request of the other, on an annual basis, proof of the status of their life insurance policies and their beneficiary designations. 3.5 Subsequently Acquired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Real Estate. (A) 974 Pine Road, Carlisle, Cumberland Coun , , Pennsylvania. The parties are the joint owners of real estate located at 974 Pine Road, Carlisle, Cumberland County, Pennsylvania, as tenants by the entireties. The real estate is encumbered with a first and second mortgage due and owing to USAA, which mortgages are in the parties' joint names. Within sixty (60) days of execution of this Agreement, Wife shall refinance the first and second mortgages on the property through a financial institution of her choosing, such that Husband's name shall be removed as an obligor on the present mortgages, or said mortgages shall be satisfied, thereby extinguishing Husband's obligation on the mortgages. Contemporaneously with the refinancing settlement, Husband shall provide to Wife an executed, witnessed and notarized fee simple, special warranty Deed conveying all of his right, title and interest in the said real estate to Wife. From the time of execution of this Agreement forward, Wife shall be solely and exclusively responsible for the mortgages on the property until said refinancing is consummated. From the time of execution of this Agreement forward, Husband shall make no claim of any nature whatsoever relative to any legal or equitable rights in the aforesaid real estate. --Page 6 of 21-- (B) 976 Pine Road, Carlisle, Cumberland County, Pennsylvania. The parties acknowledge that they are the joint owners located at 976 Pine Road, Carlisle, Cumberland County, Pennsylvania, as tenants by the entireties. From the date of execution of this Agreement forward, Husband shall be solely and exclusively responsible for the maintenance of the land, including, but not limited to, the payment of the mortgage due and owing to USAA on the aforesaid real estate and a second mortgage due and owing to the prior owners of said real estate. Within fifteen (15) days of execution of this Agreement by both parties, the parties shall list this property for sale with a realtor of Husband's selection. Husband, in consultation with his selected realtor, shall determine a listing price for the property, after which the parties shall execute any listing documents necessary to have the property appropriately marketed for sale. Husband shall have sole discretion relative to review of any offer for purchase made by any prospective third party purchasers. Wife shall execute any necessary documents, such as a proposed Agreement of Sale, disclosures and related documents, to assist in reaching agreement for sale of the property. At the time of settlement, Wife shall likewise execute any documents necessary to complete final sale on the sale of the property, including but not limited to the Deed, the HUD-1 settlement sheet, as Husband may require. At settlement, after all routine costs are deducted from the sale proceeds, all remaining proceeds shall be disbursed solely to Husband and Wife shall make no claim for any interest in the said proceeds. Pending the sale of the real estate, Husband shall be solely and exclusively responsible for maintaining the mortgages on the property and shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to these mortgage obligations. --Page 7 of 21-- (C) 442 Valley Street, Marysville, Perry Coun , Pennsylvania. The parties are the joint owners of real estate located at 442 Valley Street, Marysville, Perry County, Pennsylvania, as tenants by the entireties, which real estate is encumbered with a mortgage due and owing to USAA. From the date of execution of this Agreement forward, Husband shall be solely and exclusively responsible for the maintenance of this property, including, but not limited to, the payment of the mortgage due and owing to USAA on the aforesaid real estate. Husband shall be solely responsible for maintaining the mortgages on the property and shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to this mortgage obligation. Wife shall remain a named owner of the property until such time as it is confirmed that Wife is no longer an obligor for any indebtedness on the property. This may be accomplished by Husband securing documentation from the mortgage holder evidencing Wife is not an obligor on the mortgage or note, or through assumption, refinancing or payment in full of the mortgage if Wife is presently an obligor. At the time Husband confirms that Wife is no longer an obligor on the mortgage encumbering the property, Wife will execute and deliver to Husband a special warranty, fee simple Deed conveying all of her right, title and interest in the aforesaid real estate. (D) 219 South Main Street, Marysville, Perry Coun , Pennsylvania. The parties are the joint owners of real estate located at 219 South Main Street, Marysville, Perry County, Pennsylvania, as tenants by the entireties, which real estate is encumbered with a mortgage due and owing to USAA. From the date of execution of this Agreement forward, Husband shall be solely and exclusively responsible for the maintenance of the property, including, but not limited to, the payment of the mortgage due and owing to USAA on the aforesaid real estate. Husband shall be solely responsible for maintaining the mortgages on the property and shall indemnify --Page 8 of 21-- Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to this mortgage. Wife shall remain a named owner of the property until such time as it is confirmed that Wife is no longer an obligor for any indebtedness on the property. This may be accomplished by Husband securing documentation from the mortgage holder evidencing Wife is not an obligor on the mortgage or note, or through assumption, refinancing or payment in full of the mortgage if Wife is presently an obligor. At the time Husband confirms that Wife is no longer an obligor on the mortgage encumbering the property, Wife will execute and deliver to Husband a special warranty, fee simple Deed conveying all of her right, title and interest in the aforesaid real estate. 3.7 Pension. Retirement. Profit-Sharing At present, Husband is active military in the United States Navy and has been so for approximately 19 years, five months. As such, Husband has accrued retirement benefits through his military service. Wife's legal counsel shall prepare a Military Domestic Relations Order for purposes of distributing FIFTY (50%) PERCENT of the coverture portion of Husband's military retired pay to Wife at the time of Husband's retirement. The coverture portion of the military retired pay shall be determined by multiplying Husband's total military retirement pay, times the fraction in which the numerator is the total number of years and months that the parties were married while Husband was active military, which is agreed to be eleven (11) years, three (3) months, and in which the denominator is the total number of years and months of Husband's active military service at the time of his retirement. Wife's receipt of her share of Husband's military retired pay shall be confirmed through the execution of the Military Domestic Relations Order which shall be applied to Husband's military retired pay benefit prior to any reduction in the military --Page 9 of 21-- retired pay due to any waivers for benefits received in lieu of retired pay or reduction of the military retired pay for any other purpose. In addition, Husband, at the time of retirement, shall select a Survivor Benefit Plan (SBP) annuity and shall name Wife as the irrevocable beneficiary of the Survivor Benefit Plan. The Military Domestic Relations Order shall specifically provide for Wife to receive her pro rata share of any cost of living increases or similar increases in military retired pay benefits. In addition, Husband has funds accrued in his Thrift Savings Plan (TSP). Wife waives, relinquished and transfers any and all right, title and interest in the TSP and shall execute any documents necessary to so waive her interest in the Plan. Wife shall make no claim of any nature whatsoever against funds of Husband's TSP Plan from the date of execution of this Agreement forward. Wife shall retain sole and exclusive ownership and possession of her traditional IRA with Metropolitan Life and her Roth IRA with Buffalo Funds. Similarly, Husband shall retain sole and exclusive ownership and possession of his Roth IRA with USAA Federal Savings Bank. From the date of execution of this Agreement forward, neither party shall make any claim against the other for their respective IRA accounts as identified in this paragraph. Each party shall have all rights associated with ownership and maintenance of the said IRA accounts without consideration of any nature to the other party. 3.8 Vehicles. The parties acknowledge that Wife has in her possession and has retained for her use a certain 2002 Chrysler Minivan, which currently is titled in Husband's name. Within thirty (30) days of execution of this Agreement, the parties shall make arrangements through AAA, Sollenberger's Messenger Service, or similar service, for purposes of transferring title to --Page 10 of 21-- the Chrysler Minivan into Wife's name alone. From the date of execution of this Agreement forward, Husband shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain 2003 Ford F250 pickup truck. Wife shall pay the loan encumbering the vehicle due and owing to Kitsap Credit Union, in full, from her individual funds within thirty (30) days after the settlement on the refinancing of the mortgage on her real estate as described in paragraph 3.6(A) above. In the event it is necessary for Wife to execute any documents to waive, relinquish and transfer her interest in the aforesaid vehicle, she will do so within fifteen (25) days of being presented with such documentation. Further, Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the sum due and owing to Kitsap Credit Union for the encumbrance on the aforesaid vehicle pending the loan being paid in full. Further, the parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain recreational vehicle or "Fifth Wheel", which is encumbered with a loan due and owing to USAA. In the event it is necessary for Wife to execute any documents to waive, relinquish and transfer her interest in the aforesaid vehicle, she will do so within fifteen (15) days of being presented with such documentation. Further, Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the sum due and owing to USAA relative to the encumbrance on the aforesaid vehicle. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain 2006 Honda motorcycle, which is encumbered with a loan due and --Page 11 of 21-- owing to Honda Financial Services. In the event it is necessary for Wife to execute any documents to waive, relinquish and transfer her interest in the aforesaid vehicle, she will do so within fifteen (15) days of being presented with such documentation. Further, Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the sum due and owing to Honda Financial Services relative to the encumbrance on the aforesaid vehicle. 3.9 Intangible Personal Property. Prior to the execution of this Agreement, the parties have reached agreement relative to the distribution of their various financial accounts and, as such, have re-titled ownership of said accounts as they desire. Therefore, at the time of execution of this Agreement, each party shall simply retain sole and exclusive ownership and possession of the financial accounts in their respective names and neither party shall make any claim of any nature whatsoever against the other relative to the financial accounts so retained by the other party or relative to any interest or income on said accounts. 3.10 Stelo Enterprises. The parties acknowledge that Wife is a co-owner of a Sub-Chapter S Corporation known as Stelo Enterprises, which was established in approximately March 2008. From the time of execution of this Agreement forward, Husband shall make no claim of any nature whatsoever relative to any interest in said Corporation nor shall he be entitled to any benefit of said Corporation. In the event it is necessary for Husband to execute any documents associated with his waiver and relinquishment of any interest he may have in the said Corporation through his marriage to Wife, he will execute such documents within fifteen (15) --Page 12 of 21-- days of being presented with the documents. Husband's waiver of any interest or benefit in said Corporation includes any claims he may have to the hard assets, the financial accounts, or any other assets of the Corporation, as well as any claims to entitlement to income from the Corporation. Further, it is specifically understood that any and all information Husband has gained regarding the establishment, operation and maintenance of the said Corporation shall be confidential for all purposes. Husband shall not release or disclose any information relative to the operation of the business, including business contacts, the means of operating the business, the basis for determining the sale price of product and so on, all of which information shall be considered confidential. Husband shall not participate in any manner whatsoever in providing information or otherwise assisting any third parties, nor shall he individually, compete with the Corporation. ARTICLE IV DEBTS OF THE PARTIES 4.1 (A) The parties acknowledge that funds have been provided to the parties at various times for various purposes by Wife's father, Clarence H. Gunthorpe, which funds were intended and are intended to be repaid as agreed between the parties and Mr. Gunthorpe. Wife assumes sole and exclusive responsibility for repayment of the aforesaid indebtedness to her father, Clarence H. Gunthorpe, and shall indemnify Husband and hold him harmless from and against any and all demands for payment and collection activity of any nature whatsoever relative to the aforesaid indebtedness and shall maintain payments on the aforesaid loans in current and timely --Page 13 of 21-- fashion so as to maintain a positive credit rating relative to the payment of debts both for Wife and Husband. (B) Credit cards. Wife shall be solely and exclusively responsible for payment of the Capital One credit card, Chase credit card and Citibank credit card that she maintains in her name alone. In addition, Wife shall be solely and exclusively responsible for repayment of funds due and owing for the purchase of the sofa that she has retained, as well as the Circuit City charge account. Wife shall retain sole and exclusive responsibility for payment of this indebtedness and shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the indebtedness. Wife shall maintain payment on all such indebtedness in timely fashion. Further, as the indebtedness for the purchase of the sofa and the Circuit City charge account are in Husband's name alone, Wife shall be obligated to pay these debts in full from her individual funds within thirty (30) days after the refinancing of the mortgage on her real estate as described in paragraph 3.6(A) above. Husband has and shall retain sole responsibility for use and repayment of his USAA credit card and his Navy Federal Credit Union credit card and shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the indebtedness. Husband shall maintain payment on all such indebtedness in timely fashion. 4.2 Each party represents to the other that except as is otherwise set forth in this Agreement, and more particularly as set forth in subparagraph 4.1 above, there are no major outstanding obligations of the parties; that since the separation neither party has contracted or any debts for --Page 14 of 21-- which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE V ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT AND MAINTENANCE 5.1 Husband and Wife do hereby waive, release and give up any rights they may respectfully have against the other for alimony, alimony pendente lite, spousal support, and maintenance except as provided for herein. 5.2 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights and obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. --Page 15 of 21-- 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, 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 whatever 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 as by way of dower or curtesy, or claims in the nature of dower or curtesy 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, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not 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 thereof. --Page 16 of 21-- 6.3 Bankruptcy. The parties agree that any and all financial obligations assumed herein shall not be subject to discharge through bankruptcy proceedings. This includes, but is not limited to, all financial obligations assumed under Paragraph 3.6, 3.8 and 4.1 of this Agreement. In the event either party attempts to avoid financial obligations described herein through bankruptcy proceedings the other party shall have an independent claim against the party claiming bankruptcy for any and all sums that the other party assumes or is required to pay due to the actions of the party claiming bankruptcy. Further, all rights available to the other party provided for in Paragraph 6.14 hereinafter shall be available to the party not filing bankruptcy. 6.4 Warranties. Each party represents that they have 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 or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, 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 is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. --Page 17 of 21-- 6.5 No waiver or modification of any of the terms of this Agreement 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. 6.6 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.7 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.8 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.9 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. 6.10 Severability. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, --Page 18 of 21-- condition, clause or provision 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 his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.11 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.12 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.13 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches --Page 19 of 21-- the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: Am ?p ate ANDRA D. ORR roJ/b Zw Date TRO O --Page 20 of 21-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this ?044?day of J1 , 2009, before me, the undersigned officer, personally appeared SAND D known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. -Pi, p"IMvaM 1ggo1 l % MkI" XL t 014"M *Aft MOMMM so M_ jIn i. no COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this ?3D?day of P_"C" 2 009, before me, the undersigned officer, personally appeared TROY G. O RR, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. No?la1? h?1?11C 2011 MM --Page 21 of 21-- t ? Lj ? 4 ? Tro y Sand Upstairs Family Roorrr Plasma TV X Blue ray DVD player x DVD player (non Blue ray) X Sectional X Table and Chairs X China Hutch X Standing Hutch X All China/Silver X Table Linnens/parapenilia X U 0m Recliner X Loveseat X "Display case X Kitch®in Utensils 50% 50% Serving Dishes 50% 50% Pots/pans 50% 50% Storage containers 50% 50% Cook books 50% 50% Electric Appliances 50% 50% Table/4 chairs three leafs X Ba em` M i . Two Recliners X Couch X HD TV X Coffee Table X DVD Player X Kids toys 50% 50% Treadmill X Floor matting x All weight lifting gear x B' iii coin All hunting parapenillia X Gun Safe/ guns X B S i l' < t vra TAr`rea Wire racks 50% 50% S `re d Bed w/headboard x two dressers x two end tables x chest X Bed w/ headboard two end tables two dressers armoire Upstair computer area Computer Computer Desk Two book shelves Boys Bunk Bed 2 Dressers Closet Book shelf M.SU&n,, O Computer Bookshelf Computer Desk Filing cabinents/Files Laser Printer Mass media stora a device Tools/power tools Shelving Lawn Mower Snow blower Standup freezer Refrigerator Holida Decorations !? ry Room Washer Dryer Mince Camcorder Digital Rebel Camera Film Camera (camper) Weber Gas Grill Carnival Cruise Vacation Clut Laptop Computer iRockin Chairs Storage rea TBD X X X x X X X X X X X X X X X. X X 50% 50% 50% 50% X WHITE CREAM 50% 50% X X- X X X X 50%0 50% 50% 50% X L X "A" SANDRA D. ORR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW N TROY G. ORR, NO. 08-7457 CIVIL TERM Defendant IN DIVORCE i-r- PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry oft'p>divxe decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) 3301(d)(1) of the Diver-ee Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: December 27, 2008, as indicated in Acceptance of Service. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff. December 3, 2009 by Defendant: February 11, 2009 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: December 7, 2009 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: February 16, 2010 rsquire & OCIATES Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF SANDRA D. ORR CUMBERLAND COUNTY, PENNSYLVANIA V. TORY G. ORR NO. 08-7457 DIVORCE DECREE AND NOW, AIW-r-f /;i a0/() , it is ordered and decreed that SANDRA D. ORR plaintiff, and TORY G. ORR , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. The parties have entered into a Property and Separation Agreement entered into January 30, 2009 is incorporated herein, but not merged. By the Court, Attest: J. j. /,2. /l3 -? - la- ro 64,11- c=am ,aw e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA D. ORR V. TROY G. ORR : NO. 08-7457 AMENDED DIVORCE DECREE AND NOW, " C0A,0-t /'Z ?y1T , it is ordered and decreed that SANDRA D. ORR , plaintiff, and TROY G. ORR , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.") None. The parties' Separation and Property Settlement Agreement, entered into January 30, 2009, is incorporated herein, but not merged. By the Court, Attest: J. Prothonotary b MAR 2 5 .2010 SANDRA D. ORR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TROY G. ORR, NO. 08-7457 CIVIL TERM Defendant IN DIVORCE DOMESTIC RELATIONS ORDER IT IS HEREBY ORDERED AS FOLLOWS: 1. Acknowledgment: The parties acknowledge that TROY G. ORR is currently engaged in service with the United States Navy and has accrued retirement benefits based on his service in the United States Navy. The parties further agree that his former spouse, SANDRA D. ORR, has an interest in such military retirement benefits, and shall receive from TROY G. ORR's disposable military retired pay an amount as set forth below. Further, TROY G. ORR shall assist SANDRA D. ORR in submitting any application(s) necessary to secure her share of his disposable military retired pay as awarded herein. 2. Member Information: The "Member" as referred to herein is TROY G. ORR Address: 308 Raymon Avenue, Boiling Springs, PA 17007 Social Security Number: *XXX-XX-XXXX Date of Birth: December 26, 1970 3. Former Spouse Information: The "Former Spouse" as referred to herein is SANDRA D. ORR Address: 974 Pine Road, Carlisle, PA, 17015 Social Security Number: *XXX-XX-XXXX Date of Birth: September 12, 1968 The Former Spouse and Member were married on October 17, 1997. 4. Assignment of Benefits: The Member assigns to the Former Spouse an interest in the Member's disposable military retired pay. The Former Spouse is entitled to a direct payment in the amount specified below and shall receive payments at the same times as the Member. 5. Member's Rights: Member's rights under the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C.§521) were explained to Member by legal counsel and Member is satisfied those rights were observed. 6. Amount of Payments: This Order assigns to Former Spouse an amount equal to FIFTY (50%) PERCENT of the coverture portion of the Member's disposable retired pay per month, which is gross retired pay less authorized deductions with said deductions to be agreed upon between the parties. The coverture portion of the military retired pay shall be determined by multiplying Member's total military retired pay due at the time of retirement, times the coverture fraction in which the numerator is eleven (11) years, three (3) months (or 135 months) and the denominator is the total number of years and months of Husband's active military service at the time of his retirement Said amount shall be paid directly to Former Spouse as a direct allotment from the Defense Finance and Accounting Service (DFAS) and she shall be responsible for all tax consequences on her share of military retired pay so paid to her. In addition to the above, the Former Spouse shall receive a proportionate share of any post-retirement cost of living adjustments ("COLA") made to the Member's benefits on or after the date of this Order. 7. Duration of Payments: The Former Spouse shall begin to receive her share of the benefits as soon as administratively feasible following the date that this Order is approved by DFAS or the appropriate Military Pay Center and upon Member's retirement. The Former Spouse shall continue to receive such benefits during the joint lives of the parties, and, to the extent permitted under law, irrespective of the future marital status of either party. Benefits payable to former spouse shall cease at Member's death to be replaced by Survivor Benefit Plan (SBP) payouts, if any, as provided for herein. 8. Survivor Benefit Plan ("SBP") Protection for Former Spouse: The Court hereby orders that the Former Spouse shall be treated as the Member's irrevocable beneficiary under the Survivor Benefit Plan ("SBP"). The Member shall be required to make the necessary election in a timely manner to effectuate the full SBP coverage for the Former Spouse and shall execute such paperwork as is required. Former spouse shall receive ONE HUNDRED (100%) PERCENT of the SBP benefit until her death. 9. Jurisdiction: The jurisdictional requirements of 10 USC Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subsequent Order. Member and former spouse intend that this Order qualifies under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408, et. seq. 10. Duration of Marriage Acknowledgment (Compliance with 10 / 10 Rule): The Member and the Former Spouse acknowledge that they have been married for a period of more than ten years during which time the Member performed more than ten years of creditable military service. The parties were married on October 17, 1997 and divorced on March 12, 2010. II. MISCELLANEOUS PROVISIONS 11. Overpayments: Former Spouse agrees that any future overpayments to her are recoverable and subject to involuntary collection from her estate. 12. Notification: Former Spouse agrees to notify DFAS about any changes in this Qualifying Court Order or the Order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 13. Qualifications: Member and Former Spouse intend that this Order qualify under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 and following. All provisions shall be construed and modified to the extent necessary in order to qualify as a Qualifying Court Order. 14. Continued Cooperation of Member: Member shall cooperate with the Former Spouse to prepare an application for direct payment to Former Spouse from Member's retired or retainer pay pursuant to 10 U.S.C. Section 1408. Member shall execute all documents that the United States Navy may require to certify that the disposable military retired pay can be provided to Former Spouse. 15. Merger of Benefits and Indemnification: Member shall not merge Member's disposable military retired pay with any other pension and shall not pursue any course of action that would defeat Former Spouse's right to receive a portion of the disposable military retired pay of Member. Member shall not take any action by merger of the military retirement pension so as to cause a limitation in the amount of the total retired pay in which Member has a vested interest and, therefore, Member shall not cause a limitation of Former Spouse's monthly payments as set forth above. If Member becomes employed, or otherwise has his military retired pay merged, which employment or other condition causes a merger of Member's disposable military retired pay, Member shall pay to Former Spouse directly the monthly amount provided in Paragraph 6, under the same terms and conditions as if those payments were made pursuant to the terms of this Order. 16. Direct Payment By Member: If in any month, direct payment is not made to spouse by DFAS (or the appropriate military pay center) pursuant to the terms of this Order, Member shall pay the amounts required above directly to Former Spouse by the fifth day of each month in which the military pay center fails to do so, beginning on the date that Former Spouse would have otherwise been entitled to commence her payments. This includes any amounts received by the Member in lieu of disposable retired pay, including but not limited to, any amounts waived by Member in order to receive Veterans Administration (i.e., disability) benefits or any amounts received by Member as a result of an early-out provision, such as VSI or SSB benefits. 17. Actions by Member: If Member takes any action that prevents, decreases, or limits the collection by Former Spouse of the sums to be paid hereunder, he shall make payments to Former Spouse directly in an amount sufficient to neutralize, as to Former Spouse, the effects of the actions taken by Member. 18. Submission of Information: The parties acknowledge that the following items must be sent by the former Spouse to: Director, DFAS - Cleveland Center (Code L), P.O. Box 998002, Cleveland, Ohio, 44199-8002. Member shall provide any of this information to Former Spouse at Former Spouse's request and to make all necessary efforts to obtain any of this information that Former Spouse is unable to obtain. (a) A copy of this Qualifying Court Order that divides retired pay and any decree that approves this Order certified within ninety (90) days immediately preceding its service on the applicable military pay center for the United States Navy. (b) A statement by the Former Spouse which verifies that the divorce decree has not been modified, superseded or set aside. (c) A copy of the parties' marriage certificate. (d) The Member's name, social security number, date of birth and name of the military service. (e) The Former Spouse's name, address and social security number. (f) A completed Application for Former Spouse Payments From Retired Pay (DD Form 2293) 19. Continued Jurisdiction: The Court shall retain jurisdiction to enter such further Orders as are necessary to enforce the award to spouse of the military retirement benefits awarded herein, including the recharacterization thereof as a division of Civil Service or other retirement benefits, or to make an award of alimony in the event that Member or DFAS fail to comply with the provisions contained above requiring said payments to Former Spouse by any means, including the application for a disability award or filing of bankruptcy, or if military or government regulations or other restrictions interfere with payments to Former Spouse as set forth herein. Furthermore, the court retains jurisdiction to enter further Orders, including nun pro tunc Orders, that are just and equitable so long as the Orders are not inconsistent with any other provisions of the Decree. 20. Discovery: Member hereby waives any privacy or other rights as may be required for Former Spouse to obtain information relating to Member's date and time of retirement, last unity assignment, final rank, grade and pay, present or past retired pay, or other such information as may be required to enforce the award made herein, or required to revise this Order so as to make it enforceable. 21. Definition of Military Retirement: For the purposes of interpreting this Court's intention in making the division set out in this Order, "military retirement" includes retired pay paid or to which Member would be entitled for longevity of active duty and/or reserve component military service and all payments paid or payable under the provisions of Chapter 18 or Chapter 61 of Title 10 of the United States Code, before any statutory, regulatory, or elective deductions are applied. For purposes of calculating Former Spouse's share of the benefits awarded to her by the Court, the marital property interest of Former Spouse shall also include a pro-rata share of all amounts Member actually or constructively waives or forfeits in any manner and for any reason or purpose, including, but not limited to, any waiver made in order to qualify for Veterans administration or disability benefits. It also includes a pro-rata share of any sum taken by Member in lieu of or in addition to his disposable retired pay, including, but not limited to exit bonuses, voluntary separation incentive pay (VSI), special separation benefit (SSB), or any other form of retirement benefits attributable to separation from military service. Such pro-rata share shall be based on the same formula, percentage or amounts specified in Section 5 above, as applicable. In the event that DFAS will not pay Former Spouse directly all or a portion of the benefits awarded to her herein, then Member shall be required to pay her directly in accordance with the terms and provisions set forth in Section 15 above. BY THE COURT, 31z -)/zo CONSENT TO ORDER: WITN 011 r e ffi , squire at DRA D. ORR or Plaintiff/Former Spouse Plaintiff and Former Spouse ?-? Date TROY RR Defen t and Member *The original Domestic Relations Order being filed of record has had the parties' Social Security Numbers redacted for confidentiality purposes. M t:w -? 71 ?.. ?-4- i ' 3?a s?rd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA D. ORR Plaintiff FILE NO. 08 7457 20-r,? . VS. IN DIVORCE -? ?- . rr,, ? f rs . _ cn ti? TROY G ORR . Defendant' NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the 12th day of March, 2010 hereby elects to resume the prior surname of SANDRA D. GUNTHORPE and gives this written notice pursuant to the provisions of 54 P.S. 704. DATE: COMMONWEALTH OF PENNSYLVANIA '" Signature 5nature of name eing resumed SS. COUNTY OF CUMBERLAND On the c V til day of U `?/ , 20 % y , before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. Notary Public *i •m PO ATrY GrCe e"? 3roty ! .0 104 0, .04X t7.2011 ? a2?F?{.3a1 SANDRA D. GUNTHORPE, Formerly SANDRA D. ORR, Plaintiff V. TROY G. ORR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c ° CIVIL ACTION - LAW C, -' C- NO. 08-7457 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY '- w1 =` = 1W C.0 1. Plaintiff is Sandra D. Gunthorpe, an adult individual currently residing at 974 Pine Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Troy G. Orr, an adult individual currently residing at 504 Partridge Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of two (2) children, namely, Benjamin P. Orr, born April 13, 2002, and Nathan M. Orr, born July 2, 2004. The children were not born out of wedlock. 4. For the past five (5) years, or since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: NAME Sandra D. Gunthorpe Troy G. Orr ADDRESS 974 Pine Road Carlisle, PA 17015 DATES Fall 2005 Until March 2009 Upon separation in March 2009, the parties have enjoyed a shared, or nearly shared +115.50 PA AVI/ physical custody arrangement as follows: ?# 31oto5 One-half or fifty (50%) percent of their physical custody has been as follows: NAME ADDRESS DATES Sandra D. Gunthorpe 974 Pine Road March 2009 Carlisle, PA 17015 to present One-half or fifty (50%) percent of their physical custody has been as follows: Troy G. Orr 308 Raymon Avenue March 2009 Boiling Springs, PA April 2010 Troy G. Orr 506 Partridge Court April 2010 Mechanicsburg, PA to June 2010 Troy G. Orr 506 Partridge Court June 2010 Tracy Sweeney Mechanicsburg, PA to present Kaylin Sweeney Pierce Sweeney The natural mother of the children is Sandra D. Gunthorpe, who resides as aforesaid. She is single. The natural father of the children is Troy G. Orr, who resides as aforesaid. He is single. 5 The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides alone with the children. 6. The relationship of the Defendant to the children is that of natural father. Defendant currently resides with his paramour, Tracy Sweeney, and her children, Kaylin Sweeney and Pierce Sweeney. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the children. 8. Plaintiff has no information of any custody proceedings concerning the children pending in any Court of this Commonwealth. 9. It is in the best interest and permanent welfare of the children to grant the relief requested because Plaintiff believes it is important to maintain status quo and stability for the children. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time she should be granted primary physical custody of the children. submitted, D rune, r-squire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: f, 2t 0 DRA D. GU ORPE, aintiff SANDRA D. GUNTHORPE, IN THE COURT OF COMMON PLEAS OF Formerly SANDRA D. ORR, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW TROY G. ORR, NO. 08-7457 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire hereby certify that I did, thekday of June, 2010, cause a copy of the within Custody Complaint to be served upon the Defendant, Troy G. Orr, by serving him at his home address and by serving his attorney of record by first class mail, postage prepaid, at the following addresses: Susan K. Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 Troy G. Orr 504 Partridge Court Mechanicsburg, PA 17055 DATE: d riff ",squire Attorney for aintiff SANDRA D. GUNTHORPE FORMERLY SANDRA D. ORR PLAINTIFF V. TROY G. ORR DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-7457 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Friday, July 02, 2010 upon consideration of the attached Complaint, it is hereby- directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, July 26, 2010 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. I ailure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE.. AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFW.E VT ? -rs FORTH BEI-OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. -4 c_ Cumberland County Bar Association - 7• a2 • l'O Ccr•?-• C? tY1C,??? lec? ? -? oil. rsrr 32 South Bedford Street r? tTC??IT, Carlisle, Pennsylvania 17013 0 Telephone (717) 249-3166 ?iv :`- R+1? Ca nd vc.,k1 o • a • 10 Copp ` 1acZ8 'to Vc mtM,s `t. SANDRA D. GUNTHORPE, formerly SANDRA D. ORR, Plaintiff V. TROY G. ORR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-7457 CIVIL TERM c IN CUSTODY 'PETITION FOR SPECIAL RELIEF v PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE NO. 1915.13 c. AND NOW comes Petitioner, Sandra D. Gunthorpe, by and through her counsel of record, Bradley L. Griffie, Esquire and the law firm of Griffie & Associates, and petitions the Court as follows: 1. Your Petitioner is the above named Plaintiff, Sandra D. Gunthorpe, an adult individual currently residing at 974 Pine Road, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is the above named Defendant, Troy G. Orr, an adult individual currently residing at 504 Partridge Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of two children, namely, Benjamin P. Orr, born April 13, 2002, and Nathan M. Orr, born July 2, 2004. 4. Contemporaneously with filing this Petition for Special Relief, Petitioner has filed a Complaint for Custody asking to be provided with primary physical custody of the parties' children. 5. The parties' former marital residence is located at 974 Pine Road, Carlisle, Cumberland, the address where Petitioner continues to reside with the children. f? e r. ,a oo.oo Pa Wrl'Y e* 3(0(0(0 P-* aggos 6. Following the parties' physical separation in March 2009, Respondent moved to a new home in the South Middleton School District, although the parties' former marital residence was in the Carlisle School District. 7. By agreement of the parties and for various reasons, the parties agreed the children would attend school for the 2009-2010 school in the South Middleton School District. 8. Respondent has become involved in another relationship such that he has determined it is best to move once again from the South Middleton School District, but this time, to the Cumberland Valley School District. 9. Respondent has demanded that the children attend school in the Cumberland Valley School District for the 2010-2011 school year. 10. Petitioner believes that it is in the children's best interest to attend school in the Carlisle School District and, more specifically, at the North Dickinson Elementary School, where the eldest child had previously attended school before attending school at South Middleton for one year. 11. Petitioner believes and, therefore, avers that it is in the children's best interest to maintain their primary residence with Petitioner in the North Dickinson Elementary district where they are accustomed to the school, well acclimated to the teachers and administrators of the Elementary School and have many friends and acquaintances which they have maintained since the parties moved to Petitioner's residence in the Fall of 2005. 12. During the 2009-2010 school year, when the parties' eldest child was attending elementary school at North Dickinson Elementary and Respondent had moved from the marital residence such that he was living in the South Middleton School District, difficulties arose as the child was tired and easily distracted in school on days when he spent nights in Respondent's residence. 13. For the children to attend school in the Cumberland County School District, it would cause an unnecessary move of school districts to a third different school district in three years for the child, Benjamin, and to a school district where they know no other children attending school, nor children in the neighborhood where Respondent has chosen to move. 14. For various reasons, some of which are set forth above and for various other reasons that will be presented to the Court, it is in the children's best interest to maintain their primary physical residence with Petitioner and attend school at North Dickinson Elementary School in the Carlisle Area School District beginning in the 2010-2011 school year. 15. While the parties have been able to maintain a cordial relationship with respect to custody of the children and have essentially shared a week-on/week-off arrangement of custody, when the children are attending school at North Dickinson Elementary, Petitioner has reason to believe it will be difficult for Respondent to have the children to school on time and for them to have proper sleep and rest if Respondent is to bring the children from his new home to the School District and, therefore, it is in the children's best interest to be in Petitioner's primary physical custody. 16. The parties have discussed this matter extensively and have been unable to resolve this situation as to which school the children will attend for the 2010- 2011 school year and where they will principally reside. 17. While Petitioner has filed a Complaint for Custody and a Conciliation Conference will be scheduled, it is not anticipated this matter will be able to be resolved through the Conciliation process based upon extensive negotiations previously exhibited between the parties. 18. It is believed and, therefore, averred that Court intervention will be necessary to see that the children begin the 2010-2011 school year without conflict over the school district where they will attend school and without having the children approach the 2010-2011 school year with concern and stress over where they will be attending school. 19. Petitioner has been in contact with Respondent and was aware that he disagrees with Petitioner's position in this matter. 20. While Respondent is not represented by counsel to date, Petitioner believes and, therefore, avers that Respondent has spoken with and will be retaining attorney Susan Candiello, of 4010 Glenfinnan Place, Mechanicsburg, Pennsylvania, who will be representing him in this matter. WHEREFORE, Petitioner requests your Honorable Court to enter an Order scheduling an emergency hearing at which time it should be determined the children should attend the North Dickinson Elementary School in the Carlisle School District for the 2010-2011 school year and that the children should remain in Petitioner's primary physical custody once the school year begins and pending a full hearing on custody of the children. Respectfully submitted, fie, uire Attorn y for Petitioner 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document 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 unworn falsification to authorities. DATE: lj7fltg dra D. Gunthorpe P SANDRA D. GUNTHORPE, formerly SANDRA D. ORR, Plaintiff V. TROY G. ORR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 08-7457 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire hereby certify that I did, th&day of June, 2010, cause a copy of the within Petition for Special Relief to be served upon the Respondent, Troy G. Orr, by serving him at his home address and by serving his attorney of record by first class mail, postage prepaid, at the following addresses: Susan K. Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 Troy G. Orr 504 Partridge Court Mechanicsburg, PA 17055 DATE: a '/ 0 ruire orney for SANDRA D. GUNTHORPE, formerly SANDRA D. ORR, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TROY G. ORR, DEFENDANT 08-7457 CIVIL TERM ORDER OF COURT AND NOW, this l day of July, 2010, upon consideration of plaintiffs petition for special relief, the court notes as follows: 1. Although the petition was clocked in on June 30, 2010, it lacked a signature and was, consequently, not presented to the court until July 13, 2010. 2. The petition requested an emergency hearing to determine where the children will attend school this fall. 3. A conciliation conference is scheduled for July 26, 2010, at 8:30 a.m. 4. The court is unable to schedule an emergency hearing before the conciliation conference. Therefore, if the parties are unable to resolve this matter, after using their best efforts at the conference, the court will hear the unresolved matters, as clarified by the conciliator, on August 12, 2010 at 1:00 p.m., in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert H. Masl , J. c? c a a L. ,1 T7 { ?Bradley L. Griffie, Esquire For Plaintiff Susan K. Candiello, Esquire For Defendant :sal rs?- ec,o;es *a.'led 715`/v Alt- 0 SANDRA D. GUNTHORPE, : IN THE COURT OF COMMON PLEAS OF Formerly, SANDRA D. ORR, PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-7457 TROY G. ORR, CIVIL ACTION -LAW ca ?, C DEFENDANT ACTION FOR CUSTODY _r, ? PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, TROY G. ORR. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: July C L_, 2010 PA I.D. # 64998 4010 Glenfmnan 1 Mechanicsburg PA 17055 (717) 724-2278 J SANDRA D. GUNTHORPE, Formerly, SANDRA D. ORR, PLAINTIFF TROY G. ORR, VS. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANJ* C= NO. 2008-7457 tZ^ r' N) CIVIL ACTION -LAW , Y CD ACTION FOR CUSTODY -v {_ L; . 'n ,,.. n? AND NOW, comes the Defendant, TROY G. ORR, (hereinafter sometimes known as "Father") by his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Answer to the Plaintiff, SANDRA D. GUNTHORPE'S (hereinafter sometimes known as "Mother") Complaint For Custody and in support thereof asserts as follows: 1. Admitted. 2. Admitted. 3. Admitted. CUSTODY COMPLAINT 4. Admitted in part and Denied in part, by way of further explanation, Father is married to the former Tracy Sweeney. Father's address is 504 not 506 Partridge Court. 5. Admitted. 6. Admitted in part and Denied in part, by way of further explanation, Father resides with his Wife, Tracy, she is not his "paramour" and Father's step-children Caylen Sweeney, 14 years old and Pierce Sweeney, 11 years old. 7. Admitted. 8. Admitted. COMPLAINT AND NEW MATTER 0 r' SANDRA D. GUNTHORPE, : IN THE COURT OF COMMON PLEAS OF Formerly, SANDRA D. ORR, PLAINTIFF : CUMBERLAND COUNTY, PENNSYLWI* VS. NO. 2008-7457 TROY G. ORR, CIVIL ACTION -LAW DEFENDANT ACTION FOR CUSTODY - ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF r= and NEW MATTER AND NOW, comes the Defendant, TROY G. ORR, (hereinafter sometimes known as "Father") by his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Answer to the Plaintiff, SANDRA D. GUNTHORPE'S (hereinafter sometimes known as "Mother") Petition for Special Relief and in support thereof asserts as follows: PETITION FOR SPECIAL RELIEF 1. Admitted. 2. Admitted. 3. Admitted. 4. Defendant does not have specific knowledge to know the truth of the matter as stated. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part and Denied in part, by way of further explanation, Father has not become involved in "another" relationship, Father found a woman he loves and he has remarried. Father did not decide it was "best to move once again". Father left the marital residence to Mother and moved to the best home he could find in South Middletown. Then Mother and Father, discussed both of them moving and together determined the best school for their children was Cumberland Valley School District. 9. Denied, by way of further explanation, Father did not "demand" anything, after numerous discussions, Father and Mother made the joint decision Cumberland Valley School District was the best school for their children. Father and Mother both, initiated actions to move to Cumberland Valley School District. (Please see attached copy of Mother's listing of her residence for sale, at Exhibit "A" attached hereto and made a part hereof.) 10. Father does not have the knowledge or ability to know what Mother believes. 11. Denied. Father does not believe it is in the children's best interest to terminate the shared physical custody which the parties have had with their children. Father believes this would be a significant detriment to take the children away from their Father. The children are not acclimated to the teachers, administrators and friends at North Dickinson Elementary School. Only the eldest child, Benjamin attended North Dickinson Elementary School in the Carlisle School District for first grade in 2008-2009. 12. Denied. The eldest child of the parties did not attend school at North Dickinson Elementary in the 2009-2010 school year. The eldest child, Benjamin, attended North Dickinson Elementary School for first grade in the 2008-2009 school year. Both, the children attended South Middletown School District in the 2009-2010 school year. Benjamin has never had any problems with being tired or distracted. Nathan's teacher noticed he appeared lethargic in school. The problem was not a problem with bed times or wake up time, but was a physical problem. Mother and Father had Nathan medically examined and treated for. By the end of the school year, Nathan's lethargy was improved. Despite these medical issues, Nathan did well in the 2009-2010 school year. 1 Y 13. Denied. Whether the children attend Cumberland Valley School District or North Dickinson Elementary School in the Carlisle School District in the 2010-2011 school year, the children will be attending a new school, with new friends. Both Mother and Father have friends with children in the Cumberland Valley School District. 14. Denied, by way of further explanation, please see "New Matter". 15. Denied, by way of further explanation, it will not be in the children's best interests to be taken from the equal time they have been fortunate to have with both of their parents. When divorcing Mother and Father made the joint decision to work together to always put their children first. Mother and Father have been very successful in their endeavour; both children have and are doing well through their parent's divorce. Father would not experience any difficulty having his children at Cumberland Valley School District or North Dickinson Elementary School in a timely manner. The children will not experience any loss of sleep whether the children attend either school, the times they wake and get ready and leave for school will enable the children to have appropriate and necessary sleeping time and be at school in a timely manner. 16. Denied, by way of further explanation, the parties had discussed the issue of a school for their children and they reached an agreement; Both Father and Mother decided to move to Cumberland Valley School District. Both Mother and Father researched Cumberland Valley School District and jointly decided it was the best school district for their children. However, when Mother encountered difficulty in the sale of her residence, suddenly North Dickinson Elementary School in the Carlisle School District became the "best" school district. 17. Father does not have the ability to know what will occur in the future. 18. Denied., by way of further explanation, Father does not believe court intervention and decisions by a judge are in the best interests of the children. Father believes he and Mother should be making the decisions for their children. Father and Mother had previously agreed the best school district for their children was Cumberland Valley School District. Father continues to hope they will be able to return to their previous agreement which was based upon significant research and careful consideration by the parties. The children are eager to attend a new school, with their new Step-Brothers. 19. Admitted in part and Denied in part, by way of further explanation, Mother knows what Father's position is since it is the same as it was when the parties were in entered into a joint agreement about moving their residences and putting their children into Cumberland Valley School District. 20. Admitted. NEW MATTER 20. Paragraphs 1 through 19 of this Answer are incorporated herein by reference thereto. 21. Mother moved to her present residence because of the parties' fiscal arrangements in their separation/divorce. Mother and Father at the time of their divorce, could not financially afford any other division of their marital property. Mother did not want to continue to reside in the North Dickinson Elementary School in the Carlisle School District, but agreed to that temporary living arrangement, until she could financially afford to move. 22. The eldest child, Benjamin, attended North Dickinson Elementary School in the Carlisle School District for first grade. Mother and Father were not satisfied with the school for their children. Mother and Father agreed their children would attend South Middleton School District for the school year, 2009-2010, because they agreed South Middleton School District was a better school district than North Dickinson Elementary School in the Carlisle School District. 23. Mother spent hundreds, perhaps thousands of dollars to prepare her home in the Carlisle School District for sale. However, when Mother discovered she could not realize as much money from the sale of the property as she determined she needed, she changed completely and then decided "it was better for the children to be in her home and in the North Dickinson Elementary School in the Carlisle School District" 24. The eldest child, Benjamin did not attend North Dickinson Elementary School in the Carlisle School District in the 2009-2010 school year. Benjamin and his brother, Nathan, attended South Middleton School District in the 2009-2010 school year. 25. The children will be attending a new school in the Fall of the 2010-2011 school year, whether they are attending Cumberland Valley School District or whether they are attending North Dickinson Elementary School in the Carlisle School District. Both children attended South Middleton School District for the school year of 2009-2010. 26. The children have expressed they are "excited" to go to a new school in the Fall of 2010. The children are well adjusted and make friends easily. The children have not experienced any difficulty in school thus far. Nathan had some symptoms of lethargy, for which Mother and Father explored possible physical causes. Although the causation of these symptoms was never fully discovered, Nathan's symptoms have disappeared. 27. The children's new half brothers, Caylen, age 14 years and Pierce, age 11 years, moved here from Virginia and will be attending Cumberland Valley School District. Benjamin, Nathan, Pierce and Caylen are all eager to attend their new school. 28. The children have been residing with Father in his new home since April, 2010. The children had several friends in the Cumberland Valley School District prior to moving here with their Father. The children get along very well with each other. The children have made many new friends in the neighborhood where their Father resides and have expressed eagerness to attend school with their step-brothers, their old and new friends. 29. Mother's current residence is located in a very rural area. The children do not have easy access or the ability to play run outside and play with neighbourhood friends. The children are primarily in the home with their Mother, who is employed from her residence. The children's only neighbor, with children, even remotely close to Mother has two (2) children, who are in the age range of the parties' children. One (1) of the children has developmental issues and is not able to participate in the activities the children engage in. Essentially, there is only one (1) child even remotely close to Mother's residence for the children to play with. 30. Benjamin attended a Montessori school for kindergarten and most recently both Benjamin and Nathan attended South Middleton School, the children's friends and playmates in the area of Mother's home do not attend North Dickinson Elementary, but, their friends in the area of Mother's home attend Montessori school, South Middleton school and a local Christian school. If they were to attend North Dickinson Elementary, Benjamin might have some friends he remembers from two (2) years before, but Nathan would not have any old friends, since Nathan never attended North Dickinson Elementary. 31. Father and Mother made a decision in 2009 they did not want their children to attend North Dickinson Elementary School in the Carlisle School District for numerous reasons, but, primarily due to the absence of significant opportunities which were simply not available to their children at North Dickinson Elementary School, the Carlisle School District. Father and Mother tried South Middleton School District for their children for the school year 2009-2010. Still unhappy with the area and the schools, Father and Mother made a joint decision to move to the Cumberland Valley School District. Father and Mother discussed and compared at length the significant opportunities which Cumberland Valley School District offered in comparison to the Carlisle School District and South Middleton School District. Mother and Father made the decision they wanted their children to attend Cumberland Valley School District. In reliance on their joint decision, Father purchased a home in Cumberland Valley School District. Mother prepared and placed her home in North Dickinson School District for sale. ONLY due to the present economy and financial losses in the housing market, Mother made a decision to take her home off the market for sale. Suddenly, North Dickinson School District became the school district of "choice". 32. Father believes Mother will move from the North Dickinson School District as soon as she is financially able for all of the above stated reasons and more. Mother wanted to move from the North Dickinson School District the beginning of 2010. If the children are allowed to attend North Dickinson School District in the Fall of 2010, this will have several significant effects upon the children. The children will not have had the benefits and opportunities offered by Cumberland Valley School District, which are the reasons Mother and Father jointly agreed the children should attend Cumberland Valley School District in the beginning of 2010. The children will not be able to attend the same school as their Step-Brothers and their new and old friends in the neighbourhood in which Father resides. It must be considered, Mother wants to move and if these children start at North Dickinson Elementary they will be moved again to yet another school. The ramifications of the children attending North Dickinson Elementary are simply not sufficient to support this, nor is this in the best interests of the children. 33. Father believes Mother will move and the present living situation is temporary. Father has offered to assist Mother with the transportation, of the children to Cumberland Valley Schools, if it becomes an issue. 34. Unlike Mother, Father has never suggested and does not believe changing the Shared Physical Custody arrangement, which Mother and Father entered into with the firm belief it was in the best interest of the children. Father continues to believe the children have done so well since the divorce because Mother and Father have worked together with the children. Father has not and does not want to take time away from the children and their Mother. Father only wants to assist Mother during this interim period, until Mother is able to make the move she wants to. 35. Father has been fortunate in finding a new partner in his life and is rebuilding a stable home which he wants to share with and include his children. The children are happy with their time with their Father, new Step-Mother and their new Step-Brothers, to take them from that would not be in the children's best interests. WHEREFORE, Defendant, TROY G. ORR, respectfully requests that this Honorable Court Order the following: 1) Confirm SHARED LEGAL AND PHYSICAL CUSTODY as between the Plaintiff, SANDRA D. GUNTHORPE and Defendant, TROY G. ORR. 2) Find Plaintiff, SANDRA D. GUNTHORPE and Defendant, TROY G. ORR, made two (2) joint decisions North Dickinson School District was not the school district they wanted their children to attend, and find it is in the best interests of the parties' two (2) minor children, BENJAMIN P. ORR and NATHAN M. ORR to attend Cumberland Valley School District in the 2010-2011 school year. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: July 19, 2010 Susan Kay C ie i Counsel for efend t PA I.D. # 64 98 4010 Glenfi lace Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 /cam -2o AD DATED: l J 1 to authorities. Y EXHIBIT "A" Address 974 Pine Road , ,?? Carlisle PA 17013 ..`•. _ - , Per Desk School and Neighborhood - Reports MILS #10104748 500 yd5 ® 2010 Mkr-ft CorpwWw m 2010 NAVTEQ ® AND 1MLS: ........ . .. ........ ...... `7 0193165 "Clara!Residential/Farm :::.... ' :.. L'IsCDate `4/9/2010'' .. ., ......... !:: CD0M.76: ...... ....... DOM 76 11 .......:.. Cho Date Chg Type Status Edo List Agent - Aut Name List Oft - Ofc Name 6/24/2010 :Status WDN $294,900 GARY RE/MAX REALTY 5:07:00 PM ; . ; . . ' .: MUCQO ASSOCIATES 4/30/2010 List Price ACT $294,900 GARY RE/MAX REALTY 1:44:00 PM MUCCIO ASSOCIATES 4/9/2010 .: :First Recorded Entry ACT $299,900 GARY RE/MAX'REALTY 9:43:00'AM :- MUCQO , ASSOCIATES MLS# 107Og748 Class Resldential/Fartn .. L1st:Date7/1.9/2004 :DOM:275 `: Cha Date Cho Type Status p List Agent _ UstOfc - OFc Act Na N= me ?m4 711/2005 "Status SLD $253,000:: ..JANE:BEARD :JACK GAUGHEN 10:01:00 AM ERA GAUG12 . 4/21/2005 Status PND $254,900 JANE BEARD JACK•GAUGHEN 9:25:00 AM ERA-GAUG12 1/18/2005.. List Price ACT $254;900 JAN&BEARD ..JACK GAUGHEN '12:51:00 PM ERA-GAUG12. ;;.; 7/20/2004 First Recorded Entry ACT $258,900 JANE BEARD JACK GAUGHEN 12:11:00 PM ERA-GAUG12 JUL 2 6 2010 SANDRA D. GUNTHORPE : IN THE COURT OF COMMON PLEAS OF formerly SANDRA D. ORR, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2008-7457 CIVIL ACTION - LAW TROY G. ORR, Defendant : IN CUSTODY ORDER OF COURT zr4 AND NOW this day of , 2010, upon consideration of the attached Custody Conciliation Re ort, it is ordered and directed as follows: 1. A Hearing is scheduled in Courtoom No. S , of the Cumberland County Court House, on the day of gu? , 2010, at /0-'0C) o'clock, A- . M., at which time testimony will be en. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 3. The Mother, Sandra D. Gunthorpe and the Father, Troy G. Orr, shall have shared legal custody of Benjamin P. Orr, born April 13, 2002 and Nathan M. Orr, born July 2, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not 7 limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. The children shall attend North Dickinson Elementary School. 4. The parties shall have shared physical custody of the children. The exchange day and time shall be Monday mornings. Father shall be responsible for transporting the children to school. 5. In the event that the custodial parent is not available to care for the children overnight, they shall contact the other parent and offer said time to the other parent. 6. Holidays shall be as agreed by the parties. 7. Parents shall not discuss custody issues with the children. 8. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Albert H. Masland, J. cZusan Bdley L. Griffe, Esquire, counsel for Mother K. Candiello, Esquire, Counsel for Father eo? 7/2 7l to cn q O Cr 0 SANDRA D. GUNTHORPE formerly SANDRA D. ORR, Plaintiff V. TROY G. ORR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-7457 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Albert H. Masland, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Benjamin P. Orr April 13, 2002 shared Nathan M. Orr July 2, 2004 shared 2. A Conciliation Conference was held July 26, 2010 with the following individuals in attendance: The Mother, Sandra D. Gunthorpe, with her counsel, Bradley L. Griffie, Esquire, and the Father, Troy G. Orr, with his counsel, Susan K. Candiello, Esquire. 3. The Honorable Albert H. Masland previously entered an Order of Court dated July 15, 2010 scheduling a hearing on Mother's Petition for Special Relief. 4. Mother's position on custody is as follows: Mother seeks shared legal and shared physical custody. Mother maintains that the children should attend North Dickinson Elementary School where the older child attended a year ago. She asserts that to send the children to Cumberland Valley schools would make the third school that the older boy has attended. She further asserts that the children attend summer daycare with other children who attend North Dickinson Elementary School. 5. Father's position on custody is as follows: Father seeks shared legal and shared physical custody with the children attending Cumberland Valley schools. Father asserts that he and mother previously agreed that the children would attend Cubmerland Valley schools. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining shared legal and shared physical custody, with the children attending North Dickinson Elementary School. It is expected that the Hearing will require one-half day. Date ac eline A Verney, Esquire Custody Conciliator 201 o W& a On /t : 3y SANDRA D. GUNTHORPE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW TROY G. ORR, NO. 2008-7457 CIVIL TERM Defendant IN CUSTODY ANSWER TO NEW MATTER TO PLAINTIFF'S COMPLAINT FOR CUSTODY 11. Plaintiff's paragraphs 1 through 10 are incorporated herein by reference. 12. Admitted. 13. Admitted in part and denied in part. It is admitted that the parties maintain a shared physical custody arrangement since their separation with respect to the children. It is further admitted that the children have done fairly well in the various aspects of their lives, although there have been some difficulties. It is further admitted that the parties have worked fairly well together with respect to the needs of the children. It is denied, however, that all decisions have been able to be made jointly without confrontation or conflict. It is more specifically averred that the parties have attempted to agree upon the school which the children should attend now that Defendant has moved further from the former marital residence that Plaintiff has maintained through the parties' marriage and through the separation and, as such, the parties are unable to agree to the current arrangement. Further, Plaintiff does not know the details of Defendant's new employment and, therefore, is unable to determine whether Defendant will be able to maintain a shared physical custody arrangement when the children are attending North Dickinson Elementary School in the Carlisle School District from Plaintiff's residence. It is further averred that if Defendant can maintain consistency in seeing that the children attend school in a timely fashion with appropriate rest, then a shared physical custody arrangement can be maintained. WHEREFORE, Plaintiff requests your Honorable Court to dismiss Defendant's New Matter. Respectfully submitted, ?? riffie, Esquire omey or Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document 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: hv a d(NAdra D. Gunth SANDRA D. GUNTHORPE, Plaintiff VS. TROY G. ORR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2008-7457 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire hereby certify that I did, the ??day of August, 2010, cause a copy of Plaintiff's Answer to Defendant's New Matter to be served upon the Defendant, Troy G. Orr, by serving his attorney of record by first class mail, postage prepaid, at the following address: Susan K. Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 DATE: 9< 11(7 f - T Llu I .'t? J auto j4V& to wm 34 SANDRA D. GUNTHORPE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW TROY G. ORR, NO. 2008-7457 CIVIL TERM Defendant IN CUSTODY ANSWER TO NEW MATTER Paragraphs 20 through 35 of Defendant's New Matter are all denied as failing to comply with the Pennsylvania Rules of Civil Procedure. Defendant has set forth extensive narratives for nearly every paragraph, making it impossible for Plaintiff to admit nor deny specific single allegations as are to be made in numbered paragraphs of pleadings pursuant to the Pennsylvania Rules of Civil Procedure. It is further averred, however, that while Defendant appears to not only plead what he believes, understands and knows, but also what Plaintiff believes, understands and knows. All such allegations where Defendant attempts to speak on behalf of Plaintiff are denied. It is specifically denied, however, that the parties ever agreed the children would attend the elementary school where Father resides in Cumberland County School District. WHEREFORE, Defendant requests your Honorable Court to dismiss the claims set forth in Defendant's New Matter. Respectfully submitted, r iffie, Esquire tt Defendant 20nover Street Ca, 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document 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: Q 4 4 •c 2). CzL? DRA D. GUN ORPE SANDRA D. GUNTHORPE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW TROY G. ORR, NO. 2008-7457 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE N I, Bradley L. Griffie, Esquire hereby certify that I did, the S day of August, 2010, cause a copy of Plaintiff's Answer to Defendant's New Matter to be served upon the Defendant, Troy G. Orr, by serving his attorney of record by first class mail, postage prepaid, at the following address: Susan K. Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 7 DATE: ?S J t .-Griffie, Esquire for Plaintiff SANDRA D. GUNTHORPE, IN THE COURT OF COMMON PLEAS OF formerly SANDRA D. ORR, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW TROY G. ORR, Defendant NO. 08-7457 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of August, 2010, after hearing, the Court finds that it is in the best interest of the children, Benjamin Orr, date of birth April 13, 2002, and Nathan Orr, date of birth, July 2, 2004, to attend the North Dickinson Elementary School for the 2010-2011 school year, and their residence shall be with the plaintiff for purposes of school. attendance. The Court urges the parties to determine the logistics for maintaining a near 50/50 physical custody relationship while the boys are attending the North Dickinson Elementary School. If the parties are unable to reach an agreement in that respect, they may request a hearing, and the Court will hear it at its earliest convenience. The parties agree that the "first refusal" terms in paragraph 5 of the order of court dated July 27, 2010, shall no longer be in effect. By the Court, -" Bradley L. Griffie, Esquire For Plaintiff Samuel L. Andes, Esquire For Defendant prs r 8?,z s /to "Albert H. Masland, J. r5f'. x? a w 00 ?j ?rn 1 SANDRA D. GUNTHORPE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA C ~ -'r'i • 2008-'7457 CIVIL ACTION LAW ~~ ~ ~'~t a ~ ~ ~~r= TROY G. ORR "<~' ~ ~ ~ ~ ~~ IN CUSTODY •~c~ .~ ~ ~~,._ DEFENDANT ~'C-, D~ N • ~ ~ --~ N ORDER OF COURT "'< AND NOW, Wednesday, September O5, 2012 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, October 03, 2012 at 9:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania ] 70l 3 Telephone (717) 249-3166 ,/ ~radl~ C. ~~~"~'e, Msg. ,/,~~gd~/,~e ,iyl. !/Piney. Co,~, eS /~'~, ~~~ d~ 9/r/ ~ ~~ SANDRA D. GUNTHORPE. IN THE COURT OF COMMON PLEAS t)1~ Plaintiff :CUMBERLAND COtTNTY, PEN?~~SY"Lt%~11~1IA ~'s• :CIVIL ACTION - LAVI' TROY (3. ~'JRR. NO. 2008-747 CIVIL TERM ~ ~ - Defendant: I?~I CUSTODY _ '~ ' :Prior Judge: Albert H. Masland u -. .- _ . ~_.. PETITION FOR PSYCHOLOGICAL EVALUATION CUSTODY ~ - ---_ EVALUATION, AND HOME STUDYPURSUANT TO PENNSYLVANIARULES OF CIVIL PROCEDURE 1915.8 tiND NOS' comes Petitioner, Sandra D. Gunthorpe. by and through her counsel, Bradlee L. Griffie, Esquire, and the law firm of Griffie and Associates. P.C'.. and petitions the Court as follows: 1 . Your Petitioner, Sandra D. Gunthorpe, is an adult individual currentl}~ residing at 974 Pine Road. Carlisle. Cumberland County, Pennsylvania. ~'. Your Respondent, Troy G. Orr. is an adult individual currently residing at X04 Partridge Cow-t, Mechanicsburg. Cumberland County, Pennsylvania. :~. Respondent is represented in these proceedings by his legal counsel. Samuel L. Andes, Esquire, of P.O. Box 168, Lemoyne. Cumberland County, Pennsylvania. 4. The parties are the natural parents of two (2) children, namely. Benjamin P. Orr. born April J_3, 2002 and Nathan M. Orr, born duly 2.2004. ._ . The parties are subject to an Order of Court dated Jule ??_ 2010 and a subsequent Order of Court dated August 20. 2010 modifying the prior .Iul~~ 27. 2010 Order, the Orders being attached hereto and incorpoa•ated herein by reference as Exhibit "!~" and "B'" respectivelti°. ~. Petitioner. based upon her experiences with the application any operation of the instant custody Order believes. and therefore avers_ that it is in the best interest and permanent welfare of the children to modifi the Order and provide Petitioner with primary physical custody of the children. Petitioner has filed a Petition for Modification of Custody which originally caused a Conciliation Conference to be scheduled for October 3. 2012 at 9:~0 a.m., which conference was continued to October 1 "~. 201 ~' at 8:,0 a.m. at the request of Petitioner's legal counsel. and has nom been continued to December 12. 2012 at 8:30 a.m. at the request of Respondent's counsel. 8. Petitioner believes and, therefore. avers that there is tremendous pressure placed upon the children at issue in this case by Respondent and his family members to express positions regarding the pending custody arrangement and Petitioner's request to modifi~ that arrangement. ~}. Since the entry of the prior Orders in the summer of 2010_ issues have arisen relative to the children's educational needs, issues relative to their weight and eating habits. conflicts over the children's extracurricular activities, conflicts with the children in the Respondent's home which created problems for the children and other issues. all of which culminated in the parties agreeing to secure counseling for the children. l Q. The children were engaged in counseling at Franco and .associates from Mav 2, 2©12 until September 27. 2012 when Respondent withdrew his consent to the child. Ben. participating in counseling. 1. It is in the children's best interest to have a comprehensive custody and psychological evaluation in this case. including a home study, in order to provide the Court with substantive background information and testing results. as well as the recommendation of a professional Evaluator. prior to this matter proceeding to trial. ?, Petitioner, through counsel. has notified Respondent. through counsel, of Petitioner's position that an evaluation is essential and necessar~~ in this matter in order for the Court to have appropriate information to make the best decision possible for the children. l3. It is in the children's best interest to advance this matter. particularly through the evaluation process, as soon as possible and.. therefore. Petitioner has attempted to secure the agreement of Respondent through counsel to engage in a custody and psychological evaluation under circumstances where Petitioner would initiall~~ advance the funds for the cost of the evaluation and retain the right to request of the Court that the Respondent later participate in the cost of the evaluation. =i. Despite repeated requests. Petitioner has been unable gain Respondent's agreement to engage to a custody and psychological evaluation. assist in the cost of the evaluation. or otherwise cooperate relative to the evaluation. 1 ~. The additional delay of two months until a conciliation conference can be held_ at which time the primary issue that would be raised is the demand of Petitioner for an evaluation.. would be to the children's detriment. 16. Petitioner, who is desirous of securing an evaluation from an acknowledged expert with extensive background. in this area.. ~~~ishes to engage Dr. Arnold Shienvold to conduct an evaluation in this case. ?. The prior .fudge involved in this custody matter is the Honorable :'~Ibert H. Masland, who has executed prior Orders in this case and preyiousl~° taken testimony at hearings for the parties. 1 ~. A copy of this Petition has been provided to counsel for Respondent prior to filing, with a request for counsel to indicate his concurrence or opposition to this filing, and counsel for Respondent has indicated Respond does not concur in this request. WHEREFORE, Petitioner requests your Honorable Court to appoint Dr. Arnold Shienvold as the Evaluator in this case to perform a psychological and custody evaluation together with a home study and otherwise enter the Order in the form attached. Respectfully Submitted, ~' B tf e, Esquire `- ~ '~' '.fir' Plaintiff/Petitioner Attorney ID#34349 GRIFFIE & ASSOCIATES, F.C. ?00 North Hanover Street Carlisle. PA 1701 (717) 243-551 (800) 347-~5~2 VERIFICATION 1 verify- that the statements made in the for~goin~ document are trine and correct. I understau~d that false statements herein are made subject to the penalties oI~ t8 i'a.C.S. Sectior 4904. relating to unswortl falsifications to autharities. ~ ~. ~ r ~~__ - ~- - r~.~Tl/: ~<~ i <~ ~ _- - « t rY ~>- C-IL- t ~4._- ' S NDRA D. GUT~RPE '' SANDRA D. GUNTHORPE : IN THE COURT OF COMMON PLEAS OF former}y SANDRA D. ORR, :CUMBERLAND COUNTY, PENNSYLVANIA. P}aintiff . ~'~. : N0.2005-7457 CIVIL ACTION - LAVE' TROY G. ORR, Defendant : IN CUSTODY ORDER OF COURT AND NOON, this ~;~!;ay of , 2010, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. A Hearing is scheduled in Co Room No. ~_, of the Cumberland County Court House, on the ~[~~clay of ~, 2010, at /U ! o'clock, ~, M., at which time testimony will be en. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with .testimony. Counsel for.each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a Iist of witnesses who wil? be expected to testify at the Hearing and a summary of the anticipated testimony of each. witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain i.n fuIl force and effect. 3. The Mother, Sandra D. Gunthorpe and the Father, Tro3~ G. On, shall have shared legal custody of Benjamin P. Ori, born April 13, 2002 and Nathan M. Orr, born July 2, 2004.. :Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the.minor children, Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not Exhibit "A" SAIQDRA D. GUNTHORPE, IN THE COURT OF COMMON PLEAS OF formerly SANDRA D. ORR, CUMBERLAND COUNTY, PENNSYLjTANIP, Plaintiff V. CIVIL ACTION - LAW TkOY G ORR, Defendant NO. 08-7457 CIVIL TERM ORDER. OF COURT AND NOW, this 20th day of August, 2010, after hearing, the Court finds that it is in the best interest of t:~e chi:Ldren, Berj amin Orr , date of birth April n , 2 0 02 , and Nathan C>r~° dat.P of bir~~l, July 2, 2004, to attend the North Dickinson Elementary School for the 2010-2011 school year, and their residence shall be wish the plaintiff for purposes o.f school attendance. "'he Court urges the parties t:o determine the logistics fc>r maintair~.ing a near 50/50 physical custody relationship w`lile the boys are attending the North Dickinson Elementary School. Ii- the parties are unable to reach an agreement in that respect, they may request a hearing, and the Court will hear it ar. its earnest convenience. The parties agree that the "first. refusal''` terms in paragraph 5 of the order of court dated ~7aly 27, 201J, shall no longer be in effect. By the Court, ~/-~ /-/ ~ r.., Albert H. Masland, J. Bradlee !,. Griffie, Esquix,e For Alai nt:iff Samuel L. Andes, Esquire F'or Defendant TRUE-.COPY"FROM REDORD P rs !n Testimony whereof, !here unto set my hand and the of said" at Carlisle, Pa. , Thi& '{y.of , 20 (~Prothonot Exhibit "B" G~-L-~ . " '~~L ~ SANDRA D. GUl~'THORPE, Plaintiff Vs. TROY C~. ORR. Defendant I_?~1 THE CC)URT OF COMMON I'I,EAS OF CUMBERLAND COUNTY. PENNSYLy'A?~~IA CIVIL ACTIOly' -LAW NO. 2008-747 CIVIL TERM I?~ CUSTODY CERTIFICATE OF SERVICE ~r~ I. Bradley L. Griffie, Esquire, hereby certify that I did. the / `7 ~ day oaf C>ctaber, 2012. cause a copy of Petitioner's Petition for Psychological Evaluation. Custody Evaluation, and Home Study Pursuant to Pennsylvania Rules of Civil Procedure 191 ~..8 to be served upon Defendant/Respondent by serving his attorney of record. Samuel L. Andes. ;squire, by first-class mail, postage prepaid and facsimile at the following address: Samuel L. Andes, Esquire PO Box 168 Lemoyne, PA 17043 (Facsimile) 717-761-1435 DATE: l~ /9 T ~~-- 'Br iffie, Esquire rn for Plaintiff,/Petitioner Att ~ey ID#34349 GRIFFIE & ASSOCIATES. P.L. 200 North Hanover Street Carlisle. PA 17013 (717)243-551 (800)347-~~>2 r~ ~ Sr~NDRA D. Gt>TsrTHORPE, IN THE COURT OF COM~:MON PLE.A,~~ OF Plaintiff :CUMBERLAND COUNTY, PENNSYL~I-ANIA vs. :CIVIL ACTION -- LAS' TROY Ci. ORR. NO. 2008-74`i7 CIVIL TE]E~M Defendant IN CUSTOD'Y' :Prior Judge: :Albert H. Masland ORDER OF COURT ~. ~3ND NOON this _,~~-~~~ ~ day of ~ ~~ ~ ~'Z:"-,.~'•- __ 2i~12, upon presentation and consideration of the within Petition it is hereba~ ORDERED AND DIREC"TED as follows: Dr. Arnold Shienvold is hereby named as the E~,~aluator to perform an evaluation in this custody action. _:. The Evaluator shall conduct a psyeriological, custody, and borne study evaluation for presentation to the parties and to the Court. _ . The Evaluator shall make specific recommendations for legal and physical custody. If the Evaluator makes specific recommendations. the. Evaluator shawl state the specific reasons for the recommendations. ~. The parties and any other adults in their home shall participate fdll~~ with the Evaluator on a timely basis. including scheduling appointments. parl:icipating in all sessions.. and in appropriate testing recommended by the Evaluator and executing any reasonable Consents related to themselves and the children at issue. It is understood that ~~the initial compensation of the Evaluator shall be solely born by the Petitioner. Sandra D. Gunthorpe, who reserves the right to request of the Court that the Court require the Respondent. Troy Cr. Orr. to participate. ,:rt a later date. in reimbursement of anv or all of the cost of the Evaluation born by Petitioner. ~. Both parties shall promptly cooperate to maximize the use of av~rilable insurance coverage, if any, and notify the other party of the results relative to insurance payment for the services of the Evaluator, the crest of the unreimbursed portion of the evaluation shall preliminarily be allocated by the Petitioner paying 10~% of the cost. without prejudice to the ultimate apportionment of such cost b~~ a subsequent agreement of the l~aries or Order of Court. ~~, The cost for the Evaluator's time for depositions and/or testirnonv for hearing shall be born by the part~~ requesting the deposition ~~r the testimony at trial, unless otherwise agreed by the parties or ordered by this Court. The Evaluator may consult with and/or interview any person the Evaluator reasonably believes can provide relevant information regarding this cusrody matter, including other experts and/or fact ~~~itnesses. fi. The Evaluator may utilize the services of another qualified professional ~e.g. to perform additional services) without Court approval. ~, Provided that the parties cooperate on a timely basis, the Evaluator shall deliver his report to counsel for the parties upon completion. at which time either party may request a Conciliation Confere~~ce with the assigned Conference Officer, Jacqueline M. Verney, Esquire, or may petition the Court for the purpose of scheduling a hearing on the Petition for Modification of Custody presently pending before the Court. 1 ~?. The Evaluator shall be provided with a copy of this Order. ' l . Th~~ Evaluator's report shall not be inappropriately disseminated. FAILURE TO COMPLY WITH THE TERMS O~F THIS ORraER MAY RESULT IN FINES, IMPRISONMENT. OR OTHER SANCTIO?°•IS. B~- the Court. ~,. .~ Albert H. Masland, Judge Cc: / Bradlee L. Griffie Esquire ~ Atto~°ney for Plaintiff,~Petitioner ^~ ~; ~ , "~ Samuel L. Andes, Esquire ~ ~'~ ~ c~~ --~ rn t"' Attorney fo~° Defendant/Respondent ~~ N ~~ ~~ ~ ~~ Cep; es w~a . 'l~e~ i~/~ ' ~~ ~ c~ e °~ ~;, ` a ~ ~ rU ~t.r, ~f ~ ~ ~ SANDRA D. GUNTHORPE, IN THE COL7RT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COIINT'1', PENNS Z"LV,4M A vs. :CIVIL ACTION -LAW -7 ~ ~~ N ..~ TROY' G. ORR. NO. 2008-7457 CIVIL TERM ~~ -c c ~;~ Defendant IN CUSTODY may. ~ ~ ; ,,:,~' ---- ~ --~ c, ~ -° ~ _ ~ --~ - CERTIFICATE OF SERVICE ~~ _ j! fA ': :~ `~~' c • ~' i ~'- ~ .. 1. Bradley L. Griffie, Esquire, hereby certify that I did, the day of November, 2012.. cause a copy ~of The Petition for Psychological Evaluation. Custody Evaluation, and I-tome Study Pursuant to Pennsylvania Rules of Civil Procedure '; 915.8 and the resulting Order of Court dated October 25, 2012 to be served upon Defendant. by serving his attorney of record, Samuel L. Andes, Esquire, by first-class mail. postage prepaid at the following address: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA ] 7043 DATE: ~ i ! a-._ '_. -~, _--1--------- e~~. Gri.€ re, Esquire y- 4 ~ ~tbi-fief, fbr Defendant S~reme~ Court ID No. 34349 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA l 7013 ('717)243-557 (800}347-552 SANDRA D. GUNTHORPE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2008-7457 CIVIL ACTION - LAW c--., TROY G. ORR, : IN CUSTODY Defendant -um map rn =Po (pr. •-•<> -4 ORDER OF COURT r-= -13 c), AND NOW, this 29th day of April, 2014, no conciliation conference being requested by any party for 90 days, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, • 7 / , • Z - acqu hie M. Verney, Esquire, Custody Co 8liator