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HomeMy WebLinkAbout05-0647 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEIDI A. ORRIS, Plaintiff, : No. ()~- Ls.Wt C.l~~L y~ : Civil Action. Law v. : Divorce BRADLEY E. ORRIS, Defendant. NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims setforth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A Judgment may also be entered against you for any other claim or relief requested in these papers by the Petitioner. 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 One Courthouse Square Carlisle, Pennsylvania 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 . , AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quesjas expuestas en las paginas siguientes, debe tomar accion con prontitud, Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tam bien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, or propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rom pimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una Iista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la York County Court of Common Pleas, 45 North George Street, York, Pennsylvania 17401. SI USTED NO RELAMA PENSION ALlMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIA TO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 HEIDI A. ORRIS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v, : NO. OS - !...'--I'7 : CIVIL ACTION - LAW : IN DIVORCE C~u~L ~'Ul-I BRADLEY E, ORRIS, Defendant. COMPLAINT UNDER SECTION 3301( cl OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Heidi A. Orris, by and through her legal counsel, to seek the following relief and in support thereof avers as follows: COUNT I - DIVORCE 1, Plaintiff is Heidi A. Orris, who currently resides at 15 Richard Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Bradley E. Orris, who currently resides at 13 Victor Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 12, 1990, in Las Vegas, Nevada. 5. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 6. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies, 7, This marriage is irretrievably broken, 8, Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that this Honorable Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests that this Honorable Court enter a decree of divorce pursuant to Section 3301 ( c) of the Divorce Code. COUNT II - ALIMONY PENDENTE LITE. COUNSEL FEES. COSTS & EXPENSES 9. The averments of Paragraphs 1 through 8 of this Complaint are incorporated herein as if set forth at length. 10. By reason of the institution of the action to the above-term and number, Plaintiff will be and has been put to considerable expenses in the preparation of her case, in the employment of counsel, and the payment of costs, 11. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 12. Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation, 13. Defendant has adequate earnings to provide support for Plaintiff and to pay her counsel fees, costs and expenses. 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court compel the Defendant to pay alimony pendente lite as well as pay the Plaintiff's counsel fees, costs and expenses. COUNT III - ALIMONY 14. The averments of Paragraphs 1 through 13 of this Complaint are incorporated herein as if set forth at length. 15. Plaintiff lacks sufficient property to provide for her reasonable needs. 16. Plaintiff is unable to sufficiently support herself through appropriate employment. 17. Defendant has sufficient income and assets to provide continuing and indefinite support for the Plaintiff, WHEREFORE, pursuant to Section 3701 of the Divorce Code, Plaintiff requests this Honorable Court to award permanent alimony for Plaintiff, COUNT IV - EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 18, The averments of Paragraphs 1 through 17 of this Complaint are incorporated herein as if set forth at length. 19. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 3501 et seq. of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all marital property, both real and personal, owned by the parties. 3 COUNT V - CUSTODY 20, The averments of Paragraphs 1 through 19 of this Complaint are incorporated herein as if set forth at length. 21. Plaintiff seeks custody of the following children born of the marriage to the parties: Name Present Residence a. Lindsey E. Orris 13 Victor Lane Mechanicsburg, PA 17050 b. Dylan E. Orris 13 Victor Lane Mechanicsburg, PA 17050 Aae 12 10 22. Plaintiff and Defendant currently have shared custody of the children divided equally between 13 Victor Lane, Mechanicsburg, Pennsylvania 17050 and 15 Richard Road, Mechanicsburg, Pennsylvania. 23, The children were not born out of wedlock, 24. During the past five years the children have resided with the Plaintiff and Defendant at the marital domicile of 13 Victor Lane, Mechanicsburg, Pennsylvania 17050. Since January 2004, the children have resided, pursuant to a shared custody arrangement, with Defendant at 13 Victor Lane, Mechanicsburg, Pennsylvania and with Plaintiff at 15 Richard Road, Mechanicsburg, Pennsylvania, 25. The mother of the children is the Plaintiff, currently residing at 15 Richard Road, Mechanicsburg, Pennsylvania, 4 26. The father of the children is the Defendant, currently residing at 13 Victor Lane, Mechanicsburg, Pennsylvania. 27. Plaintiff has not participated as a party or a witness, or in another capacity, in other litigation concerning the custody of the children in this court or another court, Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state, Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children, 28. The best interest and permanent welfare of the children will be served by granting the relief requested as the children will benefit by the continued nurturing, care, custody and guidance of their father and mother. 29. Each parent whose parental right to the child have not been terminated and the persons who have physical custody of the children have been named as parties to this action, WHEREFORE, Plaintiff requests the Court to grant shared legal custody of the children to the Plaintiff and Defendant. C-- ~~ Richard C. Seneca, Esquire PA Supreme Court 10. No, 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff. 5 q, ..... -:e..." f\if:::O l -cl 'i~.~'~ ~_,O\....... '"J ~l-) ::.;~- '~~;}. ~ \},i(A ',') '2 '~1:; r"') :11, 0.' VERIFICA liON I verify that the answers set forth in the foregoing Complaint Under Section 3301 (c ) of the Divorce Code are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties set forth at 18 Pa,C.S, ~4904 relating to unsworn falsification to authorities, 11 \ ,ff\ CJo0~ Q. 6J~ Heidi A. Orris Dated: J- d-'-I-05 \-) ?v .iQ. If. F-l. - vr I) ...0 () \) \) ~ \) 11( ~ % C' c Q \) \.,.; C> l.J r P-- ~ l? ~ ~ r-.. ~ Vi ~/ -' , .-' ~:-::> ~); ..." r'j CO I .<-- ~~, (~~? "t:~ \,,{)::;;) ~,r. -<; r~r'l c:~ , J, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEIDI A. ORRIS, : No. 05-647 Civil Term Plaintiff, : Civil Action - Law v. : Divorce BRADLEY E. ORRIS, Defendant. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned action. ~~- Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 173]9 (717) 932-0465 ~ '--..::7' - ( I"','; ,- -------" IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA HEIDI A. ORRIS, : NO. 05-647- Civil Term Plaintiff, : CIVIL ACTION - LAW v. : DIVORCE BRADLEY E. ORRIS, Defendant. AFFIDAVIT OF SERVICE: I, Richard C. Seneca, Esquire, hereby verify that on May 27,2005, I served the Defendant with a true and correct copy of the Complaint Under Section 3301 ( c) of the Divorce Code, said Complaint having been reinstated on May 18, 2005. Service was made by United States Postal Service, first class mail, postage prepaid, certified, restricted delivery, return receipt requei,ted to the Defendant, on the 2nd day of June, 2005 at 13 Victor Lane, Mechanicsbur~I, Pennsylvania 17050. The return receipt signed by the Defendant is attached hereto as Exhibit "A." I verify that statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. Section 4904 relating to unsworn falsification to authorities. ~~~ Date: 7.""7-05' Sworn to and subscribed before me this 27'h day of July 2005, Richard C. Seneca, Esquire Supreme Court I.D. No, 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 ~~:1~ Notary Public NOTARIAl SEAl SUSAN t. SENECA, NOTARY PUBUC FAIRVIEW TWP., YORK COUNTY MYCOMMIS ON PI E E. 5 0 . Complete ~ems 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. . Print your name and address on the reverse 10 that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature ----. ". ~--~- Mr. Bradley E. Orris 13 Victor Lane Mechanicsburg PA 17050 B. Received by ( Printed Name) x 3. Ss,?'ice Type g Certified Mail 0 o Registered 0 Return Receipt for Me~ o Insured Mail 0 C.O.D. 4. Restricted DEltiVef)'? (Extra Fee) B'Yea 2. Article Number (Transfer from service JsbttI) PS Form 3811 , August 2001 7003 3110 0001 2b20 8895 eon-tlc Return Rece;pt 1025Q5.01-M-2SQ9 EXHIBIT "A" CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Affidavit of Service was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid, on July 27,2005, at Etters, Pennsylvania: Mr. Bradley E. Orris 13 Victor Lane Mechanicsburg, PA 17050 C~~ Richard C. Seneca, Esquire PA Supreme Court 1.0. No. 49807 564 Old York Road Etters, PA 1731!l (717) 932-0465 o ~~ " ('--j ~--.: :<! t.~ .-.) ,..,.1 ___1 -n j<; (' - "I ......, IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA HEIDI A. ORRIS, : NO. 05-647- Civil Term Plaintiff, : CIVIL ACTION - LAW v. : DIVORCE BRADLEY E. ORRIS, Defendant. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on February 4, 2005, and reinstated on May 18, 2005, and served upon the Defendant by U.S. Mail, First Class, postage prepaid, certified, restricted delivery, on June 2,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification of authorities. Date: q-7-()~ 1J f if ~~O. j.vuA Heidi A. Orris, Plaintiff "". CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Affidavit of Consent was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid, on September 9,2006, at Etters, Pennsylvania: Mr. Bradley E. Orris 13 Victor Lane Mechanicsburg, PA 17050 C-~ "~- Richard C. Seneca, Esquire PA Supreme Court 1.0. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 (:) t---,' ,._,'-,"'t 0-'" (/) -'i~" (,;J f",.) .. IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA HEIDI A. ORRIS, : NO. 05-647- Civil Term Plaintiff, : CIVIL ACTION - LAW v. : DIVORCE BRADLEY E. ORRIS, Defendant. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 (c) OF THE DIVORCE CODE 1 . I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification of authorities. Date: q - 7- 0 (0 roP~ . d . tJ~" Heidi A. Orris, Plaintiff . CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Waiver of Notice of Intention to Request Entry of a Divorce Decree Under ~3301 (c) of the Divorce Code by depositing the same in the U.S. Mail, First Class, postage prepaid, on September 9, 2006, at Etters, Pennsylvania: Mr. Bradley E. Orris 13 Victor Lane Mechanicsburg, PA 17050 c ~~ ---- Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 ~~ C~_~, l': -h (,. .' , . , ,\ (~ f~~ lIf- ~'.. IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA HEIDI A. ORRIS, : NO. 05-647- Civil Term Plaintiff, : CIVIL ACTION - LAW v. : DIVORCE BRADLEY E. ORRIS, Defendant. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on February 4, 2005, and reinstated on May 18, 2005, and served upon the Defendant by U.S. Mail, First Class, postage prepaid, certified, restricted delivery, on June 2, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification of authorities. Date: q- /J~(jh ..... ft}./lI)fj i -.... CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Affidavit of Consent was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid, on September 18, 2006, at Etters, Pennsylvania addressed as follows: Mr. Bradley E. Orris 13 Victor Lane Mechanicsburg, PA 17050 Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 () to-.) <::::) ~ c = 3: c:r- "'001 c.n ~ 1'11 ri': f"T1 ",:0 Z:T' -0 r- Zr. ~l7 C/) t> -<''';> ...0 ".. ~C' '--10 -0 -r" ):>C (5:0 z! ...... >0 -- tsO , m C ~ '- ~ W ~ -.J =< f1l -) IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA HEIDI A. ORRIS, : NO. 05-647- Civil Term Plaintiff, : CIVIL ACTION - LAW v. : DIVORCE BRADLEY E. ORRIS, Defendant. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 13301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification of authorities. Date: q-/J-Ofo .. .. CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Waiver of Notice of Intention to Request Entry of a Divorce Decree Under ~3301 (c) of the Divorce Code was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid, on September 18, 2006, at Etters, Pennsylvania addressed as follows: Mr. Bradley E. Orris 13 Victor Lane Mechanicsburg, PA 17050 c ~l~. Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 2- ~ ""00.;\ ~(f" -i\ --t- mF ::.::: ';..:. ~C %C 'PO ~ :2. ~ ~ ~ :...0 - u:> .-,;) ~ N .' u) ....J ~ ~e --o~ -0 ~?~, ...r. ""', go J~ f1"' 9 ~ TABITHA M. PLUMMER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN J. PLUMMER, DEFENDANT 05-1625 CIVIL TERM ORDER OF COURT AND NOW, this ~~ day of September, 2006, IT IS ORDERED: (1) The merits determination of the hearing set for 8:45 a.m., Wednesday, September 20,2006, IS CONTINUED. However, a hearing shall be conducted at that time and place on the petition to change venue. (2) Marcus A. McKnight, III, Esquire, may not withdraw from representation of Tabitha M. Plummer until after the hearing on the petition to change venue. ,:-<.J -, ,-.r". CI\ '!o"~': c:::f"\ (d/ ) VI/Vl..VU 1'1\._'_ VI .uq r~A OOO{n~J~l~ IilGH~AHK INC ~002 '> f PROPERTY SETTLE"ENT AGREEMENT THIS AGREEMENT made and entered into this 1 ~. day of --.J LtN1 <-- , 2006, by and between HEIDI A. ORRIS, of Mechanicsburg, Cumberland County 1 Pennsylvania, party of the first part, hereinafter referred to as "Wife," and BRADLEY E. ORRIS, of Mechanicsburg. Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties are Husband and Wife, having been married on May 12, 1990, in Las Vegas. Nevada; and WHEREAS, certain differences have arisen between the parties as a consequence of which they have separated and they intend to live separate and apart from each other during the rest of their natural lives; and WHEREAS, Wife has commenced an Action in Divorce against Husband in the Court of Common Pleas of Cumberland County, Pennsylvania, filed February 4, 2005, to No. 05-647 Civil Term, on the basis that the marriage is irretrievably broken; and WHEREAS, the parties desire to confirm their separation and further desire to enter into an agreement for the final settlement of their property and affairs incident to said separation and Action in Divorce. NOW THEREFORE, in consideration of the foregoing and in further consideration of the covenants and promises hereinafter mutually to be kept and performed by each party hereto, as well as for other good and valuable consideration, it is agreed as follows: Page 1 of 14 u,.VI!VU ra~ VI .~J r^A OOO(O~~~~~ HIGH~AHK INC ~003 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may choose or deem fit. 2. NONINTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other in alf respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the famHy 01 said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims, demands, damages, actions, causes of action, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done~ omitted, or suffered to be done by said party prior to and including the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and shall in no way affect any cause of action in absolute Page 2 of 14 ~004 _ ~ ~.. '<i _ S ........... v' . "... ~''''A QUU I U,,"OJ.;J tH~"Mi\Kl\ L'It.; divorce which either party may have against the other party. 4. DISCLOSURE. The parties do hereby warrant, represent, declare, acknowledge and agree that in the negotiation of this Agreement the parties have made a full and complete disclosure to each other of the real and/or personal property, estate, assets, earnings and income of each party and any further disclosure thereof is hereby specifically waived. 5. DISTRIBUTION OF MARIJAL PROPERTY. The parties hereto covenant and agree that the following assets and liabilities have been, or are hereby being, divided and distributed between them as follows: A. Real Estate. 1 . The parties jointly own the marital house and real estate situate at and known and numbered as 13 Victor Lane, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "the real estate." 2. Wife shall, at the time of execution of this Agreement, deliver to Husband a special warranty deed conveying to Husband all of her right, title, claim and interest in the real estate, and an assignment of all tax, insurance and other escrows with respect thereto, if any, as of the date of execution of this Agreement and an assignment of her interest in the proceeds payable under the homeowner's insurance which currently insures the real estate. Upon receipt of the deed, Husband shall be permitted to record it and take any Page 3 of 14 v. . u.... 1.'.0.4 UUU' UJ.,OJ..., 111 \31111'11\K1\ L'l \,.; ~005 other action with respect thereto as he deems appropriate. The said conveyance shall be free and clear of all liens and encumbrances except for any existing mortgage or mortgages on the real estate. 3. Wife shall have no claim, right, title, or interest whatsoever in the property or any proceeds from the sale of the rear estate and further agrees never to assert any claim to the real estate or proceeds in the future. 4. Within thirty (30) days of the execution of this Agreement, Husband shall re-finance the existing mortgage or mortgages to insure that Wife's name is removed from any and all mortgages on the real estate and shall deliver to Wife a properly executed mortgage satisfaction piece or pieces satisfying the said mortgage or mortgages and canceling the note or notes for the same. The re- financed mortgage shall be in the sole name of Husband. Until such time as the existing mortgage or mortgages are re-financed by Husband, Husband shall be solely responsible for the timely payment of all present and future principal, interest and other fees due under the mortgage or mortgages. Husband shall keep Wife indemnified and held harmless from any liability, cost or expense, inCluding attorney's fees, which are incurred subsequent to the date of execution of this Agreement in connection with the mortgage or mortgages. Page 4 of 14 V/.'VI/UU r'<<l u,;~o ~AA ~ijijlD33M15 HIGHMARK I~C 141 006 5. The parties represent and warrant that neither of them has placed or caused to be placed any liens, encumbrances, easements, or any other restrictions or conditions of record relating to the real estate which will still exist as of the date of the execution of this Agreement, with the exception of the existing mortgage or mortgages. B. Lump Sum Payment to Wife 1 , At the time Of execution of this Agreement, as part of the equitable distribution of the parties' marital property, Husband shall pay to Wife the sum of Fifty-Five Thousand and No/1 00 Dollars ($55,000.00) representing Wife's share of the marital estate. The parties expressly understand and agree that the said payment is intended to be a lump sum property settlement. Husband covenants and agrees not to claim a deduction for said payment on his income tax returns nor to assert any position that would create or attempt to create liability for Wife for the payment of any income tax thereon. C. Retirement Benefits and Accounts 1 . Wife relinquishes and disclaims any and all ownership, right, title, interest and claim in and to Husband's retirement benefits and Wife covenants and agrees that Husband shall hereafter be and remain the sole and separate owner of the same. Page 5 of 14 v., v..vu r"~ V/.JO rftA OOO(D33~1~ H 1 GHMAKK ole ~007 , , 2. Husband relinquishes and disclaims any and all ownership, right, title, interest and claim in and to Wife's retirement benefits and Husband covenant and agrees that Wife shall hereafter be and remain the sole and separate owner of the same. D. Automobiles. 1 . Husband relinquishes and disclaims any and all ownership, right, title, interest and claim in and to the 1999 Volvo and Husband agrees that Wife shall hereafter be and remain the sole and separate owner of the same. Wife covenants and agrees to assume and pay the full remaining balance owed on the said vehicle and Wtfe further covenants and agrees to indemnify and save Husband harmless from any and all liability or claim on account of said debt from and after the date hereof. 2. Wife relinquishes and disclaims any and all ownership, right, title, interest and claim in and to the 1994 Ford Explorer and the 1969 Corvette and Wife agrees that Husband shall hereafter be and remain the sole and separate owner of the same. Husband covenants and agrees to assume and pay the full remaining balance or balances owed on the said vehicles, and Husband further covenants and agrees to indemnify and save Wife harmless from any and all liability or claim on account of said debt from and after the date hereof. 3. The parties shall execute, acknowledge, and deliver upon request Page 6 of 14 V~,IV'/VU r~l UI;~O ~AA ~titi/o33Ml~ HIGHMARK I~C l4J 008 any and all instruments or documents necessary in order to effectuate the transfer of title to the aforesaid automobiles and the person to whom the aforesaid automobiles are to be transferred shall be solely responsible for the payment of any sales or other tax that might be incurred with respect to that transfer. E. Household Contents. 1 . The parties have hereto dMded between them the household goods, contents, furniture, furnishings and tools. The parties make particular note of the following disposition of items of personalty: a. Wife shall retain all of the Department 56 Collectibles consisting of various buildings and accessories. 2. Husband relinquishes and disclaims any and all ownership, right, title, interest and claim in and to said items of personal property now in the possession of Wife or otherwise set forth in this section as being retained by Wife and Husband covenants and agrees that Wife shall hereafter be and remain the sole and separate owner of the same. Wife relinquishes and disclaims any and all ownership, right, title, interest and claim in and to said items of personal property now in the possession of Husband or otherwise set forth in this section as being retained by Husband and Wife covenants and agrees that Husband shall hereafter be and remain the sole and separate owner of the same. Wife sha" have sixty (60) days from the date of execution of this Agreement to remove from the marital Page 7 of 14 ...,. V. 1 Vv ."~ VI .~, rnA OOOlo~aOla tllllHMAKK l~C ~009 residence those items which the parties have hereto agreed shan be taken by Wife. F. IBM Stock 1 . Husband shall retain all shares of stock owned individually or jointly by the parties in tBM. Wife shall execute such documents as are necessary to transfer her ownership in the said shares to Husband. 6. INDEMNIFICATION FOR DEBTS. Each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind and nature incurred individually by that party prior to the day and date of this Agreement, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liabitity or claims on account of said debts and obligations from and after the date hereof. 7. FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively in all respects and for all purposes as through he or she were unmarried. a. Without restricting the foregoing language of this Section 7, Husband acknowledges that Wife purchased a house and real estate situate at 15 Richard Road, Mechanicsburg, Cumberland County, Pennsylvania Page 8 of 14 .. ........a. "'V'. U t .1.'''''14 UVU' U,)\JO J....J n 1 \;Inl111\Kl\ L~\,; ~OlO following the date of separation of the parties (the "property"). Husband further acknowledges, understands and agrees that Husband shall have no claim, right, title, or interest whatsoever in the property or any proceeds from the sale of the property and further agrees never to assert any claim to the property or proceeds in the future. 8. MUTUAL RELEASES. The parties acknowledge that under prevailing Pennsytvania law they each have certain possible fiscal rights resulting from their marriage) including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, the equitable distribution of marital property. as well as the right to seek discovery of assets through interrogatories or depositions. It is the intention of the parties hereto that except as otherwise provided in this Agreement, all of the foregoing rights and remedies are hereby waived and forever released. Specifically, both parties covenant and agree that both waive, release and forever relinquish 1heir respective possible rights of spousal support of, from and against the other party; neither party will at any time seek or accept alimony pendente lite, alimony, counsel fees, costs and expenses from the other party except as otherwise provided in this Agreement; neither party will seek discovery of assets; and the parties have effected an equitable distribution of their marital property and, aside from the enforcement of this Agreement, neither will seeknfurther distribution by any action at law or in equity. Page 9 of 14 ~.n...~ UUU' U..JJ 0.1. " 111 \:.o.t1Ml\Kl\ 1_" C ~Ol1 . . A. Husband and Wife agree that the terms of this Agreement shall be incorporated but not merged into any divorce decree which may be entered with respect to the parties and therefore Husband and W ita agree and the parties will take all reasonable steps to have this Agreement incorporated as part of any such decree. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof. 9. INDEMNIFICATION FOR FUTURE DEBTS. Each of the parties hereby covenants and agrees with the other party not to make, incur or attempt to make or incur any debt or obligation for or on behalf of the other party hereto, or for which the other party may be held liable, from and atter the date hereof, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debt or obligations from and after the date hereof. 10. OTHER DOCUMENTS. Each of the parties hereto shall, from time to time, at the request of the other party, execute, acknowledge and deliver unto said other party any and all further documents or instruments which may be reasonably required to give full force and effect to the terms and provisions of this Agreement. 11. DIVORCE. This Agreement shall not be construed to affect or bar the right of Page 10 of 14 VI~V';VU r~J vt;~O rAA OOb'bJJ~l~ HIGHMARK I~C @012 either Husband or Wife to an absolute divorce on legal and truthful grounds if they now exist or may hereafter arise. This Agreement is not intended to condone, and shall not be deemed to be a condonation on the part of either party hereto of, any act or acts on the part of either party which may have occurred prior to, or which may occur subsequent to, the date hereof. It is understood, however, that the parties intend to dissolve their marriage by way of the aforesaid Action in Divorce pursuant to Section 3301 (c) of the Divorce Code of Pennsylvania, on the groundS that the marriage is irretrievably broken and both parties agree to forthwith execute and file the appropriate Affidavits of Consent and Waivers of Notice necessary to complete said Action in Divorce on the basis of mutual consent. 12. SEVERABiliTY. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement, and if any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, all other provisions shall nevertheless continue in full force and effect. 13. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 14. ADVICE OF COUNSEL. Both parties covenant and agree that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement and to seek and obtain the advice and counsel of an attorney Page 11 of 14 VI.' VI" UU rKl U/:~~ ~AA ~tl57ti33815 HIGHMARK I~C ~013 with respect to the same. Both parties covenant and agree that they fully understand the facts upon which this Agreement is premised and based, that they believe that there has been full disclosure of assets, that they believe this Agreement to be fair, reasonable and equitable, that said Agreement is being entered into freely and voluntarily by each of them, and that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 15. INTEGRATION. This Agreement constitutes the entire understanding between the parties and supersedes any and all prior agreements and negotiations between them on the matters to which it pertains. Both parties further agree that there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein regarding the matters to which this Agreement pertains. a. The parties acknowledge, understand and agree that they are parties to or intend to enter into a Custody Agreement regarding the custody of the children of this marriage which Custody Agreement shall be separate and apart from the provisions of this Agreement. Likewise, the matter of chifd support for the parties' children is separate and apart from and beyond the scope of this Agreement. 16. AGREEMENT BINDING UPON HEIRS. This Agreement is binding upon the parties hereto and their respective heirs, executors, administrators and assigns. 17. EFFECTIVE DATE OF AGREEMENT. This Agreement shall be effective and Page 12 of 14 v.: v.,vu r~l VI ;~O r^A OOO/bJJ~l~ HIGHMARK I'iC ~014 binding upon both parties upon execution of this Agreement by both of them. 18. COSTS OF ENFORCEMENT. Any party breaching this Agreement is liable to the other party for all costs and counsel fees reasonably incurred by the oon- breaching party to enforce his or her rights under this Agreement subsequent to the date of the signing of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which will be an original and which together shall constitute one and the same instrument. 20. WAIVER OF LIABILITY. Husband and Wife each knowingly and understandingly waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever void against public policy or unenforceable in whole or in part. Husband and Wife each does hereby warrant, covenant and agree that, in any possible event, he or she is and shall forever be estopped from asserting any iIIegaUty or unenforceability as to all or any part of this Agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. ~:% . .' mess ~ CJuilJ:lLCtUh~ ili~. {l.. ~~ Heidi A. Orris ~.a.w Bradle . rris (SEAL) (SEAL) Page 13 of 14 v . .. v. , v v ~'~, ~ V I . .J 1:1 r l'\A ODD I 0 J J ~ 1:J HIGHMAl{K l~C Ig] 015 I.. f' ,. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~~l8~cL On this, the 'f'iJ" day of ~(le. ,2006, before me, a Notary Public, in and for the state and county aforesaid, the undersigned officer, personally appeared HEIDI A. ORRIS, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. : SS. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~~~EAL) Notary Public NOTARIAL SEAl SALLY B. McCOy, Notary PLtlIc Ea&t Penn6boro Twp., CUmbedlnd CouRy. My Commission ExpIres May 20. 2<<11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~tJP ~ t{;1(d On this. the ~/S+ day of ~c;:;t , 2006. before me, a Notary Public, in and for the state and county aforesa ,the undersigned officer, personally appeared BRADLEY E. ORRIS, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. :5S. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWeALTH OF PENNSYLVANIA. NOTARIAL SEAl ChrIde 1... UndertcoftI8f. Notary Nt8C 14 of 14 SIt.... SprIng Twp., C~ Ccu1ty age My ~" EJCpIm June 24. 2CJ08 o -n --i (::) ::I:,:n (_'''?'' n r= -nrt! , :6 y ~ %% -- ., ?5 :.<. (') (~ <:-~ ~ r-:~.:-.) G'-" c~) r..,) .. ~ HEIDI A. ORRIS, IN THE CCURT OF CCMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 05-647 CIVIL 3& 2005 vs. Civil Action - Law BRADLEY E. ORRIS, Defendant. Divorce PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) x~xkkMx) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the canplaint: June 2, 2005, by U.S. Postal Service, first class mail, postage prepaid, certifie~, restricted delivery, return receipt at 13 Victor Lane, Mechanicsburg, PA 3. Canp1ete eitl1er Paragraph A. or B. 17050 A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff September 7, 2006 by the defendant September 12, 2006 B. (1) Date of execution of the plaintiff's affidavit requjred by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code Plantiff signed a Waiver of Notice of Intention to Request Entry of~a Divorce Decree Under ~3301(c) of the Divorce Code on September 7, 2006, and Defendant signed the said wa1ver on September 12, 2006. c- CA -- Attorney for Plaintiff~f~x Richard C. Seneca, Esq. PA Supreme Court 10 #49807 ~ ~ CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Praecipe to Transmit Record was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid, on October 2,2006, at Etters, Pennsylvania: Mr. Bradley E. Orris 13 Victor Lane Mechanicsburg, PA 17050 <=- ~~ - . . .s--- Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 () ~ ~>, ' ( 7'-:-' =< ... ,...., c:> c::> C1"' o CJ -1 \ ,.l:.- o -n :r!-n rn- -of; ~J:JY .;~~), ..,.... -I"' (5 --- ::._0 :~rn ::::..\ ~ :x::u :z. - - W N ,.,,., ,., ~ ~ ~ '" ~ ~ '" '" '" ~ '" ~ '" if. if. '" '" if. '" if. ~ if. ~ if. if. '" if. if. if. ,., ,., if.,., if. if. ~ if. if. if. if. if. if.if. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. HRTDT A. ORRT!=;, Civil Plaintiff, No. 05-647 VERSUS BRADLEY E. ORRIS, Defendant. DECREE IN DIVORCE AND NOW, 0;;[1;, 10 c;t I.";.~ f.,v1 · JOlJ{g , IT IS ORDERED AND DECREED THAT HEIDI A. ORRIS , PLAI NTI FF, AND BRADLEY E. ORRIS , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. if.if. if. if. if. '" '" if. if. '" '" '" '" '" if. if. '" '" '" '" '" '" '" '" '" if. if. if. if. '" '" '" THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms and conditions of the Property Settlement Agreement entered into between the parties on June 7, 2006, shall be incorporated herein and made a p~rt hereof by reference as if more fully set forth, Agreement shall not be merged into this Decr the Decree.'" '" if. '" '" if. '" if. ATTE5T~ ~ /,vt]. ~ - ~ PROTHONOTARY "'''' if. if.'" if."'''' if. ~ ~,.,;t; ,., if. ,.,,., ,., ,., ;t;;t;"'if.;t;~ if. if.'f.;t;'f.;t;'" "'if."''f. ,., '" J. . ;:fp ?~ ~ 'fO'I/O( ~p;7 ~k7 fi 'Ji7' il'of .. ..... .. '!il 7:'" -t..-..... ",. .