HomeMy WebLinkAbout01-04623
SHARON A. STARLIPER,
PLAINTIFF
VERSUS
BRIAN K. STARLIPER,
DEFENDANT
DECREE IN
DIVORCE
IN THE COURT OF COMMON PLEAS
N O #01-4623 CIVIL TERM
AND NOW, StAA C ~ ~ , ~, IT IS ORDERED AND
SHARON A. STARLIPER
DECREED THAT
AND
BRIAN K. STARLIPER
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
PLAINTIFF,
DEFENDANT,
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; -
A PROPERTY SETTLEMENT AGREEMENT IS ATTACHED AND MADE A PART HEREOF FOR
PURPOSES OF
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POST MARITAL AGREEMENT
BY AND BETWEEN
BRIAN K. STARLIPER
AND
SHARON A. STARLIPER
KAMINSKI & HAWBAKER
221 Lincoln Way East
Chambersburg, PA 17201
PROPERTY AND SEPARATION AGREEMENT
This Agreement made and entered this 26' day of ,Qae,~ , 2002, by and between
Brian K. Starliper, hereinafter referred to as Husband, and Sharon A. Starliper, hereinafter
referred to as Wife, witnesseth:
WHEREAS, the parties hereto are husband and wife, they having been married on or
about December 14, 1996 in Shippensburg, Cumberland County, Pennsylvania; and
WHEREAS, the parties hereto have ceased to cohabit together as husband and wife; and
WHEREAS, both and each of the parties hereto have been advised of their right to seek
legal counsel and that said legal counsel would explain to them their legal rights and the
implications of this Agreement and the legal consequences which may and will ensue from the
execution hereof;
WHEREAS, Wife acknowledges that she is thoroughly conversant with and accurately
knows the size, degree, and extent of the estate and income of Husband, and Husband
acknowledges that he is thoroughly conversant with and knows the size, degree, and extent of the
estate and income of Wife;
WHEREAS, each of the parties hereto in the negotiations leading to and in the execution
of this Agreement have been represented by legal counsel and are aware of their respective legal
rights, Wife having been represented by Ruby D. Weeks, Esquire and Husband being represented
by William F. Kaminski, Esquire.
WHEREAS, the parties hereto wish finally and for all time to settle and determine their
respective property and other rights growing out of their marital relation; wish to live separate
and apart; and, wish to enter into this property and separation Agreement.
NOW, THEREFORE, in consideration of the promises and mutual undertakings herein
contained, intending to be legally bound hereby, the parties do mutually agree as follows:
1. SEPARATION: The parties may and shall continue to live apart for the rest of their
lives. Each shall be free from interference, direct or indirect, by the other as fully as though
unmarried. Each may for his or her separate benefit, engage in any employment, business or
profession he or she may choose.
2. MUTUAL, ESTATE WAIVER: It is the intention of the parties hereto that from and
after the date of this Agreement, neither shall have any spouse's rights in the property or estate of
the other, and to that end, both waive, relinquish and forebear their rights of dower or curtesy,
right to inherit, rights to claim or take a husband or wife's or family exemption or allowance, to
be vested with letters of administration or testamentary, and to take against any will of the other.
The parties further agree that they may and can hereafter, as though unmarried, without any
joinder by him or her, sell, convey, transfer, and/or encumber any and all real estate and personal
property which either of them now or hereafter owns or possesses and further agree that the
recording of this Agreement shall be conclusive evidence to all of his or her right to do so. And
the said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of
this power hereby given become necessary, the right and power to appoint one or more times any
person or persons, whom Husband and Wife shall designate, to be the attorney in fact for the
other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases,
quitclaims or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or
her real or personal property, but without any power to impose personal liability for breach of
warranty or otherwise. Each of the parties hereto further waive any right of election contained in
Chapter 22 of the Pennsylvania Probate, Estates and Fiduciaries Code.
3. DEBTS: Except as otherwise herein expressly provided, the parties shall and do
hereby mutually remise, release and forever discharge each other from any and all actions, suits,
debts, claims, demands and obligations whatsoever, both in law and in equity, which either of
them ever had, now has, or may hereafter have against the other upon or by reason of any matter,
cause or thing up to the date of the execution of this Agreement.
In the event that either party becomes a debtor in bankruptcy or financial reorganization
proceedings or any kind while any obligations remain to be performed by that party for the
benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby
waives, releases and relinquishes any right to claim any exemption (whether granted under state
or federal law) to any property remaining in the debtor as a defense to any claim made pursuant
hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers, and conveys to the
creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations
to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the
enforcement of this paragraph or any other provision of this Agreement. No obligation created
by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the
contrary, and each party waives any and all right to assert than any obligation hereunder is
discharged or dischargeable. The failure of any party to meet his or her obligations under any
one or more of the paragraphs herein, with the exception of the satisfaction of conditions
precedent, shall not in any way void or alter the remaining obligations or either of the parties.
The parties further acknowledge and agree that during their marriage they did, in fact,
incur certain marital indebtedness. Said indebtedness shall be allocated and/or assigned between
the parties in subsequent paragraphs of this Agreement.
4. PERSONAL PROPERTY: The parties have undertaken an orderly disposition of their
personal property and that personal property currently in the possession of each shall hereafter be
deemed to be his/her sole and separate property, free and clear of any right, title, or claim of
marital property interest therein by the other. The parties further acknowledge and agree that
Husband's waiver of marital interest in personal property extends to and includes to a certain
storage shed currently in the possession of Wife, it being the intention of the parties hereto to
perfect sole and separate ownership therein in Wife.
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(a) All the furniture, furnishings, household goods and appliances, fixtures and
appurtenances, books and works of art, and other items of personal property (except only
the items enumerated in subdivision b next following) presently located in the home
formerly occupied by the parties and now occupied by the Wife shall constitute the sole
and exclusive property of Wife as to which property Husband hereby transfers all his
right, title and interest thereinto Wife.
(b) Except as otherwise hereinabove provided, each of the parties shall hereafter own,
have and enjoy, independently of any claims or right of the other party, all items of real
and personal property, tangible and intangible, now or hereafter belonging to him or.her
and now or hereafter in his or her possession, with full power to him or her to dispose of
the same as fully and effectually, in all respects and for all purposes, as though he or she
were unmarried. As to all such property, each party transfers all his or her right, title and
interest therein to the other, respectively.
5. MOBILE HOME: The parties also acknowledge and agree that Husband, during
coverture, acquired a marital property interest in a certain mobile home titled in Wife's
individual name and situate at 23 Shippensburg Mobile Estates, Shippensburg, Cumberland
County, Pennsylvania. For and in consideration of the mutual covenants and waivers hereinafter
set forth in the body of this document Husband waives all right, title, or claim of marital property
interest therein, thereby perfecting Wife's sole and separate ownership thereof. It is specifically
agreed and understood between the parties hereto that Wife takes same subject to any and all debt
due and owing thereon, of record or otherwise, holding Husband harmless from payment thereon,
and Wife further agrees that in the event any claim shall be made against Husband for any
indebtedness relating to said mobile home, then and in that event Wife shall indemnify Husband
to the full extent of any such claim made.
6. F&M JOINT CHECKING AND SAVINGS ACCOUNTS: Husband and Wife
acknowledge and agree that they have previously undertaken a distribution of their F&M joint
savings and checking accounts and each waives any right, title, or claim of marital property
interest they may have in said checking accounts or, in the alternative, against any other checking
or savings account now or formerly maintained by the parties hereto.
7. PENSIONS AND RETIREMENT: Husband and Wife acknowledge and agree that
during marriage Husband acquired a marital property interest in Wife's Employee Stock
Ownership Plan and her Employee' Profit Sharing Retirement Plan at Beistle Company. Wife
agrees that she shall, at her own expense and within sixty (60) days of the date of this Agreement,
prepare appropriate documentation to be presented to her employer which will allow the Pension
Plan Administrator to transfer li ida1ted b of $27,000.00 to an account opened and
designated in Husband's namt ~~for t~iat purpose. The transfer of said sum of
$27,000.00, by means of Qualified Domestic Relations Order or by any other appropriate
document or instrument into Husband's account shall serve as a full, final, and effective waiver
of any, right, title, or cause of action Husband may have against Wife for the equitable
distribution of the parties' former marital estate.
The parties further acknowledge and agree that subse uent to th ansfer of said sum of
money into a designated account of Husband, at~~~ia~ei~e shall, at such time as
she retires or otherwise withdraws from active employment with Beistle advise Husband of his
eligibility to access said account once same is in retirement mode.
Husband and Wife also acknowledge that during marriage Husband's 401(k) retirement
increased in value and, to that extent, the increase in value of same would constitute marital
property subject to distribution. For and in consideration of the mutual covenants and waivers
hereinbefore set forth in the body of this Agreement Wife waives all right, title, or claim of
marital property interest she may in Husband's retirement plan at his current place of
employment thereby perfecting sole and separate ownership of his 401(k) Thrift Plan with the
General Casting Company in his own and individual right.
8. VEHICLES: Husband waives any right, title, or claim of marital property interest in
Wife's 1994 Chevrolet Blazer. Wife shall take same subject to any debt due and owing thereon,
holding Husband harmless from payment thereon, and in the event any claims made against
Husband for payment on said indebtedness, Wife further agrees that she shall indemnify Husband
to the full extent of any such claim as made.
Wife waives any right, title, or claim of marital property interest she may have in
Husband's unencumbered and pre-marital 1990 Ford F-250 pickup truck paid for during the
marriage by both parties, thereby perfecting Husband' sole and separate ownership thereof.
9. DIVORCE: Wife has instituted an action for divorce against Husband in the
Cumberland County Court of Common Pleas by way of filing of a Complaint on August 2, 2001.
Both parties shall, at the time of the execution of this Agreement, furnish Wife's attorney with
affidavits evidencing that each of them consents to the divorce. Husband herewith has paid the
sum of $1.00, the receipt whereof is hereby acknowledged, in full and final settlement of any and
all claims and rights of the Wife for the costs of the divorce. It is further agreed and understood
that any decree of divorce issuing in this matter shall reflect the fact that Wife will bear the costs
of same in her individual capacity. Husband shall at the time of the execution of this Agreement,
provide Wife's attorney with an Affidavit of Consent and Waiver of Notice of Entry of Divorce
Decree.
(a) Each of the parties agrees that this Agreement represents a complete and final
agreement as to their respective property rights which arose from the marital relation and
therefore mutually waive any and all rights they may have under Section 3502 (Equitable
Distribution) of the Pennsylvania Divorce Code, Act No. 1980-26.
(b) This Agreement may be offered in evidence in the action for divorce and maybe
incorporated by reference in the decree to be granted therein. Notwithstanding such
incorporation, this Agreement shall not be merged in the decree, but shall survive the
same and shall be binding and conclusive on the parties for all time.
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10. ALIMONY PENDENTE LITE AND ALIMONY: Husband and Wife do hereby
waive, release and give up any rights they may respectively have against the other for alimony,
support or maintenance. It shall be, from the execution date of this Agreement, the sole
responsibility of each of the respective parties to sustain themselves without seeking any support
from the other parry.
11. COUNSEL FEES AND COSTS: Husband shall pay for the preparation and drafting
of this Agreement; Wife shall pay for the preparation of any and all documents needed to transfer
an interest in her pension to Husband pursuant to foregoing paragraph 7 of this Agreement; and
Wife shall pay for the costs of finalizing the contemplated decree in divorce. Each party shall be
responsible to his/her own attorney for any and all other costs incurred in the processing and
disposition of this matter.
12. EQUITABLE DISTRIBUTION: By this Agreement, the parties have intended to
effect an equitable distribution of their marital property. The parties have determined that an
equitable distribution of such property conforms to a just and right standard with due regard to
the rights of Husband and Wife. The distribution of existing marital property is not intended by
the parties to constitute, in any way, a sale or exchange of assets, and the distribution is being
effected without the introduction of outside funds or other property not constituting a part of the
marital estate.
13. APPLICABLE LAW: This Agreement shall be governed by the laws of the
Commonwealth of Pennsylvania.
14. MODIFICATION AND WAIVER: No modification or waiver of any of the terms
hereof shall be valid unless in writing and signed by both the parties. No waiver of any breach
hereof or default hereunder shall be deemed a waiver of any subsequent breach or default of the
same or similar nature.
15. BANKRUPTCY: The respective duties, covenants and obligations of each party
under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court
should discharge a party of accrued obligations to the other, this Agreement shall continue in full
force and effect thereafter as to any duties, covenants and obligations accruing or to be performed
thereafter.
16. RECONCILIATION: The parties shall only effect a legal reconciliation which
supersedes this Agreement by their signed agreement containing a specific statement that they
have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall
remain in full force and effect. Further, the parties may attempt a reconciliation which action if
not consummated by the aforesaid agreement, shall not affect in any way the legal effect of this
Property and Separation Agreement or cause any new marital rights or obligations to accrue.
17. 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 independent legal action may be brought to enforce the terms of this Agreement by
either Husband or Wife until it shall have been fully satisfied and performed. Consideration for
this contract and Agreement is to be found in the mutual benefit to be obtained by both parties
hereto and the covenants and agreements of each of the parties to the other. The adequacy of the
consideration for the mutual undertakings herein set forth is stipulated, confessed and admitted
by the parties, and the parties intend to be legally bound hereby.
18. DUTY TO EFFECTUATE AGREEMENT: Each party shall, at any time and from
time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other
party any and all further instruments and assurances that the other party may reasonably require
for the purpose of giving full force and effect to the provisions of this Agreement. In addition,
the parties hereto agree that within ten (10) days of the date of submission by the other party,
either party shall sign any document necessary for the completion and effectuation of the terms of
this Agreement. Any costs, including attorney's fees, necessitated by enforcement of this
Agreement shall be borne by the party refusing to honor the terms and conditions of this
Agreement.
19. WHOLE AGREEMENT: This Agreement constitutes the entire understanding of the
parties. It supersedes any and all prior agreements between them. There are no representations
or warranties other than those expressly herein set forth.
20. CAPTIONS: The captions of this Agreement are inserted only as a matter of
convenience and for reference and in no way define, limit or describe the scope and intent of this
Agreement, nor in any way affect this Agreement.
21. DATE OF EXECUTION: The "date of execution" or "execution date" of this
Agreement shall be defined as the date upon which it is executed by the parties if they have each
executed the Agreement on the same date. Otherwise, the "date of execution" or "execution
date" of this Agreement shall be defined as the date of execution by the party last executing this
Agreement.
AND further the parties hereto covenant and agree that this Agreement shall extend to
and be binding upon their heirs, devisees, executors, administrators and assigns, of both and each
of the parties hereto.
AND the parties hereto state that he or she, in the procurement and execution of this
Agreement, has not been subjected to any fraud, concealment, overreaching, imposition,
coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel.
IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts
of this Agreement, each of which shall constitute an original, the day and year first above written.
WITNESS:
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Brian K. Starliper
-~p,,,wh lam, AL>
Sharon A. Starliper
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF FRANKLIN
On this, the~S~clay of ~--~~ , 2002, before me, a Notary Public, the
undersigned officer, personally appe •ear d Brian K. Starliper, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged
that he executed the same for the purposes therein contained.
In Witness Whereof, I hereunto set my hand and official seal.
Notary Public
Notarial Seal
Linda E. f,Ailler, Notary Public
COMMONWEALTH OF PENNSYLVANIA : My Commission Expiresrs PIt 21~zoos
/:__ ~ ~ SS Member, PennsyNaniaAssociatwnof NOtar~es
COUNTY OF ~.~.m"~
On this, the ~ day of , 2002, before me, a Notary Public, the
undersigned officer, personally appeare Sharon A. Starliper, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged
that she executed the same for the purposes therein contained.
CraROt ~~at spas
In Witness Whereof, I hereunto set my hand and official seal ~
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Notary Public
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
CUMBERLAND COUNTY BRANCH
SHARON A. STARLIPER,
Plaintiff
vs.
BRIAN K. STARLIPER,
Defendant
To the Prothonotary:
CIVIL ACTION -LAW
No. 01-4623 Civil Term
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
Transmit the record, together with the following information, to the court for entry of a divorce
decree:
1. Ground for divorce: irretrievable breakdown under Section (3301(c))
2. Date and manner of service of the complaint: Divorce comrolain was served upon William
G, Kaminski, Esquire who acceroted service on behalf of Brian K. Starliper on August 2, 2002. and
filed an acceptance of service with the court on August 7, 2001.
3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce
Code: by the plaintiff 6/3/02 ; by the defendant 5/29/02 .
4. Related claims pending: None
5. Date plaintiffs Waiver of Notice in § 3301(c) nivorce was filed with the prothonotary:
6/3/02.
Date defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary:
5/29/02.
Date: June 3, 2002
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IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
CUMBERLAND COUNTY BRANCH
SHARON A. STARLIPER, CIVIL ACTION -LAW
Plaintiff
vs. No. 01-4623 Civil Term
BRIAN K. STARLIPER,
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on August 2, 2001.
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.
4. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a
divorce is granted.
I verify that the statements made in this Affidavit are true and correct.
I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. X4904 relating to unsworn falsification to authorities.
Dated: (~I3T_
G QT,,~I~o~_
Sharon A. Starliper, Plaintiff
Sworn and subscr' to
befQQQ~~~e me this y~day
of 20~ .
Notary Public
pal p~j$gary PubBc
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Sharon A. Starliper,
Plaintiff
Civil Action -Law
v.
Brian K. Starliper,
Defendant
No. 01-4623 Civil Term
In Divorce a.v.m.
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
August 2, 2001.
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 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: 6` '1~2~,~~~~~!'~~.! .iJin
Brian K. Starliper, Defen t
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IN THE COURT OF COMMON PLEAS OF PENNSYLVAN_ IA
CUMBERLAND COUNTY BRANCH
SHARON A. STARLIPER,
Plaintiff
vs.
BRIAN K. STARLIPER,
Defendant
CIVIL ACTION -LAW
No. 01-4623 Civil Term
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER ~ 3301 (c) OF TES 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.
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: ~I~ Ioa O.~t~oti, ~ .~`,~'"°'"""lWU`-
Sharon A. Starliper, Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Sharon A. Starliper,
Plaintiff
Civil Action -Law
v.
Brian K. Starliper,
Defendant
No. OI-4623 Civil Term
In Divorce a.v.m.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
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.
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 Waiver 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: 3" ~ d2 h.~~~rt l rt. ~..,~ o.~)
Brian K. Stailiper, Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SHARON A. STARLIPER,
Plaintiff
CIVIL ACTION -LAW
vs.
BRIAN K. STARLIPER,
Defendant
No. O t - 'SIG~3
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
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You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed
without you and a decree of divorce or annulment may be entered against you by the court. A judgment
may also be entered against you for any other claim or relief requested in these papers by the Plaintiff.
You may lose money or property or other rights important to you, including custody or visitation of your
children.
When grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may
request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary
at Cumberland County Courthouse, Carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE
THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County'Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
WEIGLE, PERKINS & ASSOCIATES -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBIJRG. PA 1925'1-1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SHARON A. STARLIPER,
Plaintiff
vs.
BRLAN K. STARLIPER,
Defendant
CIVIL ACTION -LAW
IN DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(cl OR 3301(d) OF THE DIVORCE CODE
COUNT I -IRRETRIEVABLE BREAKDOWN
AND NOW, comes the above named Plaintiff, Sharon A. Stazliper, by and through her attorneys,
Weigle, Perkins and Associates, and Jerry A. Weigle, Esquire, and seeks to obtain a Decree in Divorce
from the above-named Defendant, upon the grounds hereinafter more fully set forth:
Plaintiff, Sharon A. Starliper, is an adult individual presently residing at 23 Shippensburg Mobile
Estates, Shippensburg, Cumberland County, Pennsylvania, since 1983.
2. Defendant, Brian K. Starliper, is an adult individual presently residing at c/o William Ott,
9877 Possum Hollow Road, Shippensburg, Franklin County, Pennsylvania 17257, since mid
June, 2001.
The Plaintiff and Defendant are nationals and citizens of the United States of America, and both
have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months
immediately previous to the filing of the Complaint in Divorce.
4. The Plaintiff and Defendant were married on December 14, 1996, in Shippensburg, Cumberland
County, Pennsylvania.
There have been no prior actions of divorce or for annulment between the parties.
6. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to
request that the court require the parties to participate in counseling.
The marriage is irretrievably broken.
The parties have lived sepazate and apart since June 15, 2001.
9. The Plaintiff requests the court to enter a decree of divorce.
WEIGLE, PERKINS 6c ASSOCIATES -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17267-1397
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COUNT II -EQUITABLE DISTRIBUTION
10. Paragraphs 1 through 9 of Plaintiffs Complaint are incorporated herein by reference as though
set forth in full.
11. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal,
during their marriage from December 14, 1996, until June 15, 2001, date of separation, all of
which property is "marital property".
12. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-
mazital property" which has increased in value since the date of the marriage and or subsequent
to its acquisition during the marriage, which increase in value as marital property.
13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to
the date of the filing of this Complaint and substantial portions of said property are in the
exclusive control of Defendant.
14. Plaintiff requests the Court to equitably divide all mazital property and to enjoin Plainfiff and
Defendant from the removal, disposition, alienation, or encumbering of all real and personal
property of the parties.
COUNT Iii -INDIGNITIES GROUNDS FOR DIVORCE
15. Pazagraphs 1 through 14 of this Complaint are incorporated herein by reference as though set
forth in full.
16. Defendant has offered to the person of the Plaintiff, Plaintiff being the innocent and injured
spouse, such indignities as to render Plaintiff's condition intolerable and Plaintiff's life
burdensome.
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the
bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled.
PERKINS &
.any A. Wh~gle, Esquire
Attorney for Plaintiff
Attorney ID #01624
126 East King Street
Shippensburg, PA 17257
Telephone 717-532-7388
WEIGLE, PERKINS & ASSOCIATES -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSEURG, PA 19259-1399
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VERIFICATION
I verify that the statements made in the fgregoing Complaint in Divorce are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa C.S. § 4904, relating to
unsworn falsification to authorities.
Dated: ~_ ~~, a00 /
Sharon A. Starliper, Plaintiff
WEIGLE, PERKINS 6 ASSOCIATES -ATTORNEYS AT LAW - 126 EAST KING STREET - 6HIPPENSBURG, PA 17257-139"1
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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SHARON A. 5TARLH'ER, CIVIL ACTION -LAW
Plaintiff
vs. NO. 01-4623
BRIAN K. STARLIPER,
Defendant IN DIVORCE
ACCEPTANCE OF SERVICE
I, William G. Kaminski, Esquire, attorney for Defendant, Brian K. Starliper, in the above-
captioned matter, do acknowledge that I have received a true and attested copy of the Notice and
Complaint Under Section 3301(c) or 3301(d) of the Divorce Code filed in the above-captioned matter on
August 2, 2001.
I certify that I am authorized to accept service on behalf of Brian K. Starliper.
Date: ~ ~ of
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William G. aminski, Esquire
Attorney for Defendant
WEIGLE, PERKINS E ASSOCIATES -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-139"]
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IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
CUMBERLAND COUNTY BRANCH
SHARON A. STARLIPER,
Plaintiff
vs.
CIVIL ACTION -LAW
No. 01-4623 Civil Term
BRIAN K. STARLIPER,
Defendant
IN DIVORCE
PRAECIPE TO WITHDRAW COUNTS IN DIVORCE
TO THH OFFICE OF THE PROTHONOTARY:
Please withdraw the previous requests for Equitable Distribution and
Indignities, in the above captioned divorce action since these matters have been
satisfactorily resolved between the parties through a Property Settlement
Agreement entered into on April 25, 2002.
Dated: ~ -.3 ° ~ ~
Ruby D. We s, Esquire
Attorney for Plaintiff
cc: Ruby D. Weeks, Esquire
William G. Kaminski, Esquire
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IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
CUMBERLAND COUNTY BRANCH
SHARON A. STARLIPER,
Plaintiff
vs.
CIVIL ACTION -LAW
No. 01-4623 Civil Tenn
BRIAN K. STARLIPER,
Defendant
IN DIVORCE
NOTICE OF ELECTION TO RETAKB MAIDHN NAME
Notice is hereby given that the Plaintiff in the above matter, having filed
for a Decree in Divorce from the bonds of matrimony on the 2nd day of August
2001, hereby elects to retake and hereafter use her previous name of Sharon A.
Devor.
COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF CVbiBERL~zA((ND ~~~u.
On the ~d day of ~Ye' 2002,
_~~s'I~c~,~-~~ C .--Spa^A^~--
Sharon A. Starliper
TO BE KNOWN A3:
~_.~_ a -~-~z-
Sharon A. Devor
before me a Notary Public, personally
appeared Sharon A. Starliper, known to me to be the person whose name is
subscribed to the within document and acknowledged that she executed the
foregoing for the purpose therein contained.
IN WITNESS WHEREOF, 2 have hereunto set my hand and official seal.
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_,~~ Notary Public
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IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
CUMBERLAND COUNTY BRANCH
SHARON A. STARLIPER,
Plaintiff
vs.
BRIAN K. STARLIPER,
Defendant
CIVIL ACTION -LAW
No. 01-4623 Civil Term
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
And now this (r) day of ~'~ rr ~, , 2002, the court now orders the following as
required by Pennsylvania law, Divorce Code 23 Pa. C.S.A. 3101 et. seq. (Act of Apri12, 1980,
P.L. No. 63, No. 26), to carry forth such provisions. The following retirement plan dispositions
are made in concordance with the following facts:
Plan Participant and Current Address: Sharon A. Starliper, 23 Shippensburg
Mobile Estates, Shippensburg, PA 17257.
2. Participant's Date of Birth: September 1, 1960
Participant's Social Security Number: 165-54-9434
4. Alternate Payee's Name and Address: Brian K. Starliper, 8572 Oakdale Road,
Orrstown, PA 17244
Alternate Payee's Date of Birth: March 31, 1965
6. Alternate Payee's Social Security Number: 166-60-5567
Plan to which this order applies and address: the Beistle Company Employee
Stock Ownership Plan, Kenneth E. Shoap, Vice President in Finance, The Beistle
Company, One Beistle Plaza, P.O. Box 10, Shippensburg, Pennsylvania 17257-
0010.
IT IS ORDERED, ADJUDGED AND DECREED as follows:
A portion of the Participant's account under the aforementioned Plan is maritial
property subject to distribution by the Court.
2. At the date of separation, the value of the Beistle company Employee Stock
Ownership Plan was $54,091.22. $27,000.00 of said balance is awarded to the
alternate payee.
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The benefits of the Beistle Company Employee Stock Ownership Plan shall be
distributed in accordance with plan provisions.
4. The parties shall promptly submit this Order to the Plan Administrator for
compliance with the terms thereof.
5. The Plan Administrator shall provide notification of the determination of the
status of this order as a Qualified Domestic Relations Order to the plan
participant, the alternate payee and counsel set forth below.
IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order
under the Retirement Equity Act of 1984. The Court retains jurisdiction to amend this Order as
might be necessary to establish or maintain its status as a Qualified Domestic Relations Order
under the Retirement Equity Act of 1984.
By the Court,
J.
CONSENTED TO:
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Plaintiff and Plan Participant
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Attorney for Plaintiff and Plan Participant
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Defendant and Alternate Pay e
Attorney for Defendant and Alternate Payee
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
CUMBERLAND COUNTY BRANCH
SHARON A. STARLIPER,
Plaintiff
vs.
BRIAN K. STARLIPER,
Defendant
CIVIL ACTION -LAW
No. 01-4623 Civil Term
IN DIVORCE
DETERMINATION AS TO QUALIFICATION ON DOMESTIC
RELATIONS ORDER, NOTICE TO PARTICIPANT AND
ALTERNATE PAYEE, AND AGREEMENT TO COMPLY WITH ORDER
Pursuant to the requirements of the Retirement Equity Act of 1984, the Beistle Company
Employee Stock Ownership Plan, and any successor, hereby states as follows:
1. The Order of the Court of Common Pleas of Cumberland County, Pennsylvania,
is a Qualified Domestic Relations Order; and
2. The participant and the Alternate Payee/surviving spouse are hereby notified as to
the qualifications of said Order; and
3. The undersigned will comply with all of the terms and conditions of said Order
upon its signature by the Court.
Dated this _~~ day of V Gtnl~ , 2002.
Kennet E. Shoap, ice Preside of Finances
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