No. A wireless contract is associated with a specific person and not the phone itself. Transferring a contract between people takes a lot more than simply buying a phone– usually both parties have to sign a Transfer of Responsibility and other legal documents. This means you can buy a used phone without its baggage (the contract).
You can use any compatible Orchard phone with your existing plan or choose the plan that’s right for you. When activating your Orchard phone with your carrier, make sure you mention that you already own a phone, as you can save between $15-$30/month on the price of your plan (depending on plan and carrier).