HomeMy WebLinkAbout98-3133 civil CHARLOTTE R. ORRIS, IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
:NO. 98-3133 ,
JAMES E. ORRIS, : CIVIL ACTION- LAW
Defendant :IN DIVORCE
IN RE: ENFORCEMENT OF MARITAL SETTLEMENT AGREEMENT
OPINION AND ORDER OF COURT
HOFFER, P.J.:
Plaintiff, Charlotte R. Orris seeks an order against defendant James E. Orris,
to enforce a marital settlement agreement. Defendant subsequently answered the
Petition for Enforcement of Marital Settlement Agreement and filed a Counter-
Claim. A hearing was conducted on June 27, 2001 regarding the petition. After
that date, Proposed Findings of Fact and Conclusions of Law were filed, the last
filing date being on July 17, 2001. In the interim, the parties have resolved issues
of the QDRO and the fire insurance refund check. The only remaining issues to be
resolved are from the incomplete accident settlement distributions and any
deductions therefrom are still outstanding.
Plaintiff seeks this Court to enter an Order requiring defendant to
immediately pay plaintiff the amount of $411.34 plus interest for her past due share
of the accident settlement distributions due her pursuant to the terms of the Marital
Agreement and requiring defendant to pay plaintiff's attorney fees in excess of
$2,500.00.
Defendant admits that he is bound by the terms of the Marital Settlement
Agreement; however, he claims that nothing prohibits him from asserting a claim
for a loss of which he was unaware prior to the execution of the agreement.
Defendant claims he is entitled to $271.64 for assessments from Middlesex
Township Municipal authority; $861.43 for repairs to snowmobiles; $614.87 for
cable line repair; $1,248.25 for plumbing repair; and in excess of $2,000.00 for
swimming pool repairs. In total, defendant seeks in excess of $4,996.00.
ORDER OF COURT
AND NOW, this day of 2002, while the Marital
Settlement Agreement is a binding contract, under the circumstances presented,
the claims of each side are dismissed. No further issues are considered
outstanding.
Carol J. Lindsay, Esquire
26 West High Street
Carlisle, PA 17013
Attorney for Plaintiff
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Attorney for Defendant
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