HomeMy WebLinkAbout08-2116W. GRANT SOBOLEWSKI, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PA
VS. NO. C) ?- ?- 111o c "J" ?uM
DENISE M. SOBOLEWSKI, CIVIL ACTION - LAW
Defendant IN DIVORCE AND CUSTODY
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You
are warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
W. GRANT SOBOLEWSKI, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PA
VS. NO. O V- a l I? C rv, I+cr M.
DENISE M. SOBOLEWSKI, CIVII. ACTION -LAW
Defendant IN DIVORCE AND CUSTODY
AVISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las
quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que
si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede
ser emitido en su contra por la Corte. Una decisi6n puede tambien ser emitida en su contra
por cualquier otra queja o compensaci6n reclamados por el demandante. Usted puede perder
dinero, o propiedades u otros derechos importantes para usted.
Cuando la base para el divorcio es indignidades o rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales
esta disponible en la oficina del Prothonotary, en la Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania, 17013.
SI USTED NO RECLAMA PENSION ALPAENTICIA, PROPIEDAD MARITAL
HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO
FINAL DE DIVORCIO O ANULAMIENTO SEA EMIT DO, USTED PUEDE PERDER EL
DERECHO A RECLAMAR CUALQUIERA DE ELLOS.
USTED DEBE LLEVAR ESTE PAREL A UN ABOGADO DE INMEDIATO. SI
NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAN E A LA OFICINA
INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA
LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
W. GRANT SOBOLEWSKI,
Plaintiff
VS.
DENISE M. SOBOLEWSKI,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PA
NO. ?- a (? c9f: I ?cr-n
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
COMPLAINT UNDER SECTION 3301(c)OF THE DIVORCE CODE
COUNTI
AND NOW, this ay of 2008, comes the Plaintiff,
W. Grant Sobolewski, by his attorney, Jane M. Alexander, Esquire, and files this Complaint
upon a cause of action of which the following is a statement.
1. Plaintiff is W. Grant Sobolewski, 45 years of age, who currently resides at 629
Colonial View Road, Mechanicsburg, Upper Allen Township, Cumberland County,
Pennsylvania 17055.
2. Defendant is Denise M. Sobolewski, 43 years of age who currently resides at 1041
Rhoda Blvd., Mechanicsburg, Monroe Township, Cumberland County, Pennsylvania 17055.
3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months
immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on June 23, 1990 in Mechanicsburg,
Pennsylvania by a Minister.
5. There were two children born between the parties during this marriage: Benjamin
Sobolewski, age 16, born November 26, 1991 and Robert SobolewsK age 12, born October
14, 1995.
6. There have been no prior actions of divorce or for annulment between the parties.
7. The parties have not entered into a written agreement as to alimony, counsel fees,
costs and property division.
8. Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request that the court require the parties to participate in counseling.
9. The marriage is irretrievably broken.
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce
from the bonds of matrimony.
COUNT U
10. The allegations of Paragraph one (1) through nine (9) are incorporated herein by
reference and made a part hereof
1 i . During the marriage, Plaintiff and Defendant have acquired various items of
marital property, both real and personal, which are subject to equitable distribution under
Chapter 3 5 of the Divorce Code.
12. Plaintiff and Defendant have been unable to agree as to an equitable division of
said property.
WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all
marital property of whatsoever kind and whosesoever situate and for such further relief as the
Court may deem equitable and just.
COUNT III
COMPLAINT FOR CUSTODY
13. The Plaintiff seeks primary physical custody and joint legal custody with
reasonable visitation for the defendant of the following child, Benjamin Sobolewski, age 16,
born November 26, 1991 and Robert Sobolewski, age 12, born October 14, 1995.
14. The children were born during to this marriage.
15. The children are presently in the joint custody of the Parties.
16. The children have resided with the Plaintiff and Defendant since birth at 1041
Rhoda Blvd., Mechanicsburg, Monroe Township, Cumberland County, Pennsylvania 17055
until the Plaintiff moved out.
17. The relationship to the Plaintiff to the children is that of natural father.
18. The relationship of the Defendant to the children is that of natural mother.
19. The Plaintiff is seeking joint legal custody of the children and joint physical
custody for purpose of visitation schedule.
20. The Plaintiff has not participated as a party or witness, or in any other capacity, in
other lixiviation concerning the custody of these children in this or any other Court.
21. The Plaintiff has no information of a custody proceeding concerning the children
pending in any other court within this Commonwealth.
22. The Plaintiff knows of no other persons, not a party to these proceedings, who has
visitation or custody rights with respect to the children.
23. The best interest and permanent welfare of the children will be best served by
granting the parties joint physical custody and joint legal custody with reasonable visitation
scheduled between the parties.
WHEREFORE, the Plaintiff requests your Honorable Court to grant joint physical
custody and joint legal custody of the subject children and that neither party shall remove the
children from the jurisdiction of the Pennsylvania Courts.
Respectfully submitted,
Jan M. AleJEm46rGVsquirf
A rney for PI intiff
I. . No. 07355
1 8 South Baltimore Street
ills burg, PA 17019
(717) 432-4514
Verification
I verify that the statements made in this Complaint in Divorce and Petition for custody
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 unswom falsification to authorities.
DATE: -?` -?1 -D-C618
TV 0 . &A41
W. Grant Sobolewski
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
S.S.
Before me, the undersigned officer, a Notary Public, in and for the said
Commonwealth and County, Personally appeared W. Grant Sobolewski who, being affirmed
according to law, deposes and says that the facts and matters set forth in the foregoing
Complaint are true and correct to the best of his knowledge, information and belief.
Sworn to and subscribed
before me this 3i'r day
of _)Mq rr'? 2008
Notary Public
CO NWEALTH OF PENNSYLVANIA
Notarial Seal
Nanmol Alexander, Notary Public
DlWxnl Boro, York Courtly
* Conxnission Expires Apr. 7, 2010
Member. Pennsvlvania Association of Notari<)s
W. Grant Sobolewski
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W. GRANT SOBOLEWSKI, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY, PA
VS. NO. 09-2116 CIVIL TERM
DENISE M. SOBOLEWSKI, CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this day of , 2008 personally
appeared Jane M. Alexander, Esquire who swears according to law, that a true and correct
copy of a COMPLAINT IN DIVORCE was caused to be served by certified mail with return
receipt requested upon the said,
Denise M. Sobolewski
1041 Rhoda Boulevard
Mechanicsburg, PA 17055
on April 7, 2008 by leaving the same at the Dillsburg Post Office with postage pre-paid
thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part
hereof.
J? ie M. Alex der, Esq? 4
ttorney I.D. 07355
148 S. Baltimore Street
Dillsburg, PA 17019-0421
(717) 432-4514
Sworn and subscribed before
me this I` day of
C?vv 72008.
Notary Public
COM NWEALTH OF PENNSYLVANIA
Notarial Seal
hWw d Alexander, Notary Rb c
Dlshxg Boro, York County
W CoT niss Expires Apr. 7, 2010
Member Pennsvtvenia Association of Notari s
W. GRANT SOBOLEWSKI,
Plaintiff
VS.
DENISE M. SOBOLEWSKI,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 08-2116 CIVIL TERM
CIVII. ACTION - LAW
IN DIVORCE
PROOF OF SERVICE
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W. GRANT SOBOLEWSKI,
Plaintiff
VS
DENISE M. SOBOLEWSKI,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA.
: NO. 03-2116 Civil Term
: CIVIL ACTION - LAW
: IN DIVORCE
MARRUGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this IY- of 2008
by and between W. Grant Sobolewski of 629 Colonial Vi Road, M icsburg,
Cumberland County, Pennsylvania 17055 (hereinafter referred to as "HUSBAND") and
Denise M. Sobolewski, of 1041 Rhoda Boulevard, Mechanicsburg, Cumberland County,
Pennsylvania 17055 (hereinafter referred to as "WIFE".)
WITNF.SSETH: WHEREAS, HUSBAND and WIFE were married June 23, 1990 in
Mechanicsburg, Cumberland County, Pennsylvania. HUSBAND instituted an action in
divorce to No. 08-2116 in the Court of Common Pleas of Cumberland County, Pennsylvania
on April 3, 2008. The pleadings in the case requested dissolution of the marriage between the
two parties and for such further relief that the Court may deem equitable and just; and
WHEREAS, the parties have reached an agreement as to the settling of all matters
relating to the divorce and to the custody and support of the two children bom during this
marriage: Benjamin Sobolewski, age 16, born November 26, 1991, and Robert Sobolewski,
age 12, born October 14, 1995.
NOW, THEREFORE, in consideration of the promises and the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable
Page 1 of 13
consideration, receipt of which is hereby acknowledged by each of the parties hereto,
HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as
follows:
1. The parties intend to maintain separate and permanent domiciles and to live apart
from each other. It is the intent 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.
2. The terms of this Agreement and their effect have been fully explained to the
HUSBAND by his counsel, Jane M. Alexander, Esquire. The terms of this Agreement and
their effect have been fully explained to the WIFE and she has chosen not to retain counsel.
The parties acknowledge that they have received independent legal advice from counsel of
their choice and have been fully informed as to their legal rights and obligations or have
chosen not to do so. The parties understand the facts and acknowledge and accept this
Agreement as fair and equitable.
3. The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the
intent of the parties that such division shall be final and shall forever determine their
respective rights. 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 affected without
the introduction of outside funds or other property not constituting a part of the marital estate.
4. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other
party in any matter whatsoever. Each party may carry on and engage in any employment,
profession, business or other activity as he or she may deem advisable for his or her sole use
Page 2 of 13
and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition
of any property now owned and not specified herein or property hereafter acquired by the
other.
5. 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.
6. DEBTS OF THE PARTIES:
It is further mutually agreed and understood by and between the parties that all
joint debts have been paid including open accounts, credit cards, and bank liabilities except as
hereinafter set forth:
6.1) The HUSBAND shall assume all liability for and pay and indemnify the
WIFE against liability for all debts and bills in his name alone, particularly those incurred
since date of filing Complaint in Divorce.
6.2) The WIFE shall assume all liability for and pay and indemnify the
HUSBAND against liability for all debts and bills in her name alone, particularly those
incurred since date of filing Complaint in Divorce.
7. PERSONAL PROPERTY:
As to all items of personal property which the parties have divided to their mutual
satisfaction, henceforth, each of the parties shall own, have and enjoy independently of any
claim or right of the other party, all items of personal property of every kind, nature and
Page 3 of 13
description and wherever situated, which are now owned or held by or which may hereafter
belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to
dispose of same as fully and effectually, in all respects and for all purposes as if he or she
were not married. Specific disposition of major items or personal property is as follows:
7.1) Bank Accounts:
Each party has opened and maintained their own separate bank accounts since
the time of separation. Neither party will make a claim against those funds.
7.2) Vehicles:
a) HUSBAND shall retain possession, title, and sole ownership of the
following vehicle: 2001 Nissan Pathfinder VIN JNSDR07YI I W505471 value $6,276.33.
b) WIFE shall retain possession, title, and sole ownership to the following
vehicle: 2006 Dodge pickup VIN 107HU16N56J187535 value $16,288.00.
7.3) Household furnishings:
The parties have divided the household furnishings to their mutual satisfaction.
And as of date of this agreement all personal property is in possession of the party receiving
same.
7.4) Pensions: Stock options, Retirement funds IRAs:
a) HUSBAND maintains the following:
i) Vanguard retirement plan
b) WIFE agrees to make no claim against HUSBAND's above listed
retirement account and if any documents need to be signed to confirm her release, she will
promptly execute same upon request.
Page 4 of 13
c) WIFE maintains the following:
i) Thrift Savings Plan
d) HUSBAND agrees to make no claim against WIFE's above listed Thrift
Savings Plan and, if any, documents need to be signed to confirm his release he will promptly
execute same upon request.
8. REAL ESTATE:
a) The Marital residence of the parties located at 1041 Rhoda Boulevard,
Mechanicsburg, Cumberland County, Pennsylvania 17055 is presently occupied by WIFE and
has been occupied by her since the date of separation.
b) WIFE will continue to reside in the residence and continue to be responsible
for payment of all real estate taxes, utilities, mortgage payments, insurance and maintenance
of said property.
c) WIFE agrees to secure a mortgage sufficient pay HUSBAND from funds
received from the refinancing, the sum of $120,000.00 within forty five days of the date of
this agreement. The debt owed to Wells Fargo at the date of separation of $13,023.99 has
been settled and satisfied.
d) HUSBAND agrees to sign all documents conveying his interest in the marital
residence and the property known and numbered as 1052 Rhoda Boulevard to WIFE. More
particularly he shall sign deeds conveying his interest in both 1041 and 1052 Rhoda
Boulevard at the time of execution of this agreement. Said deeds will be held in escrow by
Jane M Alexander, Esquire until date of settlement.
e) It is further agreed by the parties that if WIFE should decide to sell or
Page 5 of 13
otherwise transfer title to either 1041 or 1052 Rhoda Boulevard within ten years of the date of
this agreement, she shall first contact HUSBAND and he shall have right of first refusal to
acquire either property-
9. SPOUSAL SUPPORVALIMONY:
Neither party will make any claim for spousal support and/or alimony.
10. CUSTODY AND CHILD SUPPORT:
LEGAL CUSTODY:
The parties shall share legal custody of their two minor children, Benjamin
Sobolewski, age 16, born November 26, 1991, and Robert Sobolewski, age 12, born October
14, 1995. Each parent shall participate in the major decisions concerning the moral, physical,
emotional, medical, education and religious aspects of the children's upbringing. These
decisions shall not be made by either parent unilaterally. The parents agree that all decisions
shall be made by them jointly, after discussion and consultation with each other, with a view
towards obtaining and following a harmonious policy in the children's best interest. Each
parent agrees to keep the other parent informed of progress of the children's education and
social adjustments. Each parent agrees not to impair the other parent's right to share legal
custody of the children. Each parent agrees to give support to one another in their role as
parent and to take into account the consensus of the other for physical and emotional well
being of the children for the other parent. The parents agree not to attempt to or alienate the
affections of the children for the other parent. Each parent shall notify the other of any
activity that could reasonably be expected to be significant concern to the other parent. The
children will not be barred from contacting the non-custodial parent by telephone.
Either parent may, during that parent's physical custody of the children, make
decisions required by emergency or sudden illness. Each parent shall immediately
communicate to the other the existence of any medical, legal or educational emergency that
may occur with respect to the children. Each parent shall also have the duty to immediately
contact the other regarding the illness. For purposes of this agreement, the word "illness"
Page 6 of 13
shall mean disability that confines the children to bed under direction of a licensed physician
for a period in excess of twenty-four (24) hours or any serious injury to the child that would
require emergency room or other immediate treatment which requires hospitalization. Each
parent shall have equal right and access to visit the children if the children are confined to a
medical institution, consist with medical advice. If a children is confined a home by reason of
illness for a period of more than twenty-four (24) hours, the other parent shall have the
opportunity to visit the children. Educational and legal emergencies shall include those
situations where there is an imminent threat to a children's well being or any change of the
current school or institution. Each parent shall, as soon as practicable, make disclosure to the
other of the facts and circumstances pertinent to a children's upbringing and welfare of which
that parent has knowledge or notice. Each shall provide the other with copies or duplicate
originals of records pertaining to the children, including but not limited to:
a. Medical Diagnosis and Treatment,
b. Psychological/Psychiatric Diagnosis and Treatment;
c. Dental and Orthodontic Records;
d. School Records, including Schedules of Events;
e. Legal Records.
Each parent shall have the right to obtain such records directly from the school, health
providers or other entity keeping such records without permission of the other and without an
Order of the Court.
PRIMARY PHYSICAL CUSTODY
Parties shall share primary physical custody of the children with each party having
custody for the purpose of visitation under the following schedule. However, for the purpose
of stating residence for school attendance the address of 1041 Rhoda Boulevard,
Mechanicsburg, PA 17055 shall be used.
SCHEDULE FOR CUSTODY
a) Parties shall alternate the periods spent with each parent on a mutually agreed
Page 7 of 13
schedule i.e. alternating weeks with Friday night at 6:00 P.M. being the exchange time.
b) Alternate Holidays:
The parties shall have rights of partial custody on alternate holidays throughout
the year. The holidays shall include the New Year's Day, Memorial Day, Fourth of July,
Labor Day, and Thanksgiving Day. The Father's next holiday shall be Fourth of July, 2008,
and the Mother's next holiday shall be Labor Day, 2008. The parties shall alternate custody
on holidays thereafter. Custody on these holidays shall be exercised from 8:00 A.M. to 8:00
P.M.
In the event that a parent who would otherwise have custody of the child during a
weekend which immediately precedes or follows one of the alternating holidays on which that
same parent would also have custody, the parent need not relinquish custody until the
conclusion of the entire three-day period.
c) Mother's Day:
Mother shall always have the right of partial custody on Mother's Day. The
rights of partial custody shall be exercised by Mother from 8:00 A.M. until 8:00 P.M.
d) Father's Day:
Father shall always have the right of partial custody on Father's Day. The
rights of partial custody shall be exercised by Father from 8:00 A.M. until 8:00 P.M.
e) Easter:
The Easter vacation shall be shared as equally as possible, giving consideration
to the length of the vacation as determined by the school calendar.
f) Christmas:
During Christmas in the even numbered years, beginning in 2008 the Mother
shall have custody of the child from noon on December 24th until noon on Christmas Day,
and the Father shall have custody from noon on Christmas Day until 8:00 P.M. on December
26th. In odd numbered years, the schedule shall be reversed.
g) Summer Vacation:
Summer is defined as the first evening following the last day of school and if
Friday evening is the last day of school then the last day of school to the Friday evening
Page 8 of 13
which concludes the last full week preceding the first day of school.
During the summer months the parties shall alternate the weeks, with the
exchange time being Friday evening at 6:00 P.M. The first week after school children shall
be with Mother, second week shall be Father and continue in that manner.
h) Holiday Priority
The periods of partial custody for holidays, vacations, or other special days set
forth in this agreement shall be in addition to, and shall take precedence over, but shall not
alter the schedule or sequence of regular periods of partial custody for that parent set forth
previously in this agreement. Holidays and other special days for custody set forth in this
agreement shall take precedence over vacations.
TRANSPORTATION
The transportation responsibilities shall be divided equally between the parties. At all
times, the children shall be secured in appropriate passenger restraint. No person transporting
the children shall consume alcoholic beverages prior to or while transporting the children. No
person transporting the children shall be under the influence of any alcoholic beverage or
controlled substance while transporting the children.
LATE EXCHANGE
In the event any party is more than 20 minutes late for scheduled custody exchange, in
the absence of a telephone call or other communication from the party, the other party may
assume that the parent who is late has chosen not to exercise that period of custody, the period
will be forfeited, and the other party will be free to make other plans with the children.
EXTRACURRICULAR ACTIVITIES
Each party shall provide to the other at least forty-eight (48) hours advance notice of
school or other activities, whenever possible. Both parties shall agree to honor and participate
in the activities that the children wish to engage in. During the times that the parents have
custody of the children, they will make certain that they attend any extracurricular activities.
Page 9 of 13
The parties agree that they will be supportive of the activities and will transport the children
to and from such activities and the preparations and practice for the activities that are
scheduled, in such time so that the children are able to participate in those events.
Neither parent, however, shall sign up children for any activity unless the child
definitely desires to attend that activity. Participation in activities which take place during the
school year is contingent upon the child maintaining passing grades in school.
REMOVAL FROM AREA
Neither parent shall transport the children over the state line nor remove to a point
more than 100 miles from home of the other parent for any reason without notification to the
other parent. Party removing a child shall provide to the other parent an address and/or phone
number where the child can be reached.
MOVING OF RESIDENCE
Neither party shall move their place of residence without giving the other party at least
thirty (30) days written notice of the new residence. If the new residence is more than 100
miles from the current residence appropriate adjustments in custody, visitation schedules
should be made prior to the move.
MODIFICATION
The parties are free to modify the terms of this agreement but in order to do so both
parties must be in complete agreement to any new terms. That means both parties must
consent on what the new terms of the custody arrangement or visitation schedule shall be.
11. SUPPORT OF CHILDREN:
a) The parties agree that they shall promptly determine the amount of support to be
paid by HUSBAND to WIFE for the care of the two children. Said payments are to be made
on a regular monthly or weekly schedule. If at anytime a dispute arises between the parties as
to the amount or manner of payment, either party may file a Petition for Support in the
Page 10 of 13
Domestic Relations office of the appropriate county of residence.
b) Beginning with the year 2008 each party shall be entitled to claim one of the
children as a dependant on their income tax returns. This shall continue until such time as
Benjamin can no longer be claimed. In subsequent years Mother shall be entitled to claim
Robert in even numbered years and Father will claim him in odd numbered years.
c) If the joint physical custody agreement is changed so that one party has primary
physical custody that parent shall be entitled to claim the child every year.
12. BANKRUPTCY:
The parties hereby agree that the provision of the Agreement shall not be
dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained
herein. In the event a party files such bankruptcy and pursuant thereto obtained a discharge of
any obligations assumed hereunder, the other party shall have the right to declare this
Agreement to be null and void and to terminate this Agreement in which the division of the
parties' marital assets and all other rights determined by this Agreement shall be subject to
court determination the same as if this Agreement had never been entered into.
13. STATUS OF SETTLEMENT:
The property settlement as provided herein between the parties shall be considered
an equitable distribution of marital property and both parties waive any and all rights or
claims which they may have been entitled to raise with respect to the issue of equitable
distribution under the Provisions of the Pennsylvania Divorce Act.
14. The parties agree that simultaneously with the signing of this Agreement they will
sign the necessary affidavits of consent and affidavits acknowledging notice of marriage
Page 11 of 13
counseling in order to conclude the divorce action filed by WIFE under the no-fault
provisions of the Pennsylvania Divorce Act.
15. The waiver or unenforceability of any term, condition, clause or provision of this
Agreement shall in no way be deemed or considered to be a waiver of or forfeiture of right to
enforce any other term, condition, clause or provision of this Agreement.
16. This Agreement shall be construed and interpreted according to the laws of the
Commonwealth of Pennsylvania.
17. It is understood and agreed that the heirs, administrators, executors and assigns of
the parties hereto shall be bound by all the terms, conditions, clauses and provisions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written, intending to be legally bound.
WITNESS BY:
2.199.4 1 __ ?j
M. Al
exarr
er, Esc W. Grant Sobolewski
mey for Plaintiff Plaintiff
Denise M. Sobolewski
Defendant
Page 12 of 13
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF YORK
. S.S.
On this, the 16l` day of 2008, before me the
undersigned officer, a Notary public, in and for said Commonwealth and County, personally
appeared W. Grant Sobolewski known to me (or satisfactorily proven) to be the person whose
name is subscribed to the foregoing Marriage Settlement Agreement and in due form
acknowledged that he executed the same for the purpose therein contained and desired the
same to be recorded as such.
WITNESS my hand and notarial seal the day and year aforesaid.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Narumol Alexander, Notary Public
DilIsburg Boro, York County
My Commission Expires Apr. 7, 2010
Member, Pennsylvania Association of Notaries
Notary Public
My Commission Expire: ,? -7, 20 io
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF YORK
S.S.
On this, the day of -;? V-? , 2008 before me the
undersigned officer, a Notary public, in and for said Commonwealth and County, personally
appeared Denise M. Sobolewski known to me (or satisfactorily proven) to be the person
whose name is subscribed to the foregoing Marriage Settlement Agreement and in due form
acknowledged that she executed the same for the purpose therein contained and desired the
same to be recorded as such.
WITNESS my hand and notarial seal the day and year aforesaid.
COMMONWEALTH OF PENNSYLVANIA
L Notarial Seal
Narumol Alexander, Notary Public
DilIsburg Boro, York County
My Commission Expires Apr. 7, 2010
Member, Pennsylvania Association of Notaries
Notary Public
My Commission Expire: Cr-z- 7, 20(0
Page 13 of 13
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W. GRANT SOBOLEWSKI,
Plaintiff
vs.
DENISE M. SOBOLEWSKI,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA.
: NO. 09-2116 Civil Term
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on April 3,
2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from date of filing and service of the Complaint.
3. 1 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 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: ` a ow"
W. Grant Sobolewski
?F ?y3
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t'.
W. GRANT SOBOLEWSKI,
Plaintiff
vs.
DENISE M. SOBOLEWSKI,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA.
: NO. 03-2116 Civil Term
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on April 3,
2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from 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 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: 71 16 (o8
Defuse M. Sobolewski
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W. GRANT SOBOLEWSKI,
Plaintiff
vs.
DENISE M. SOBOLEWSKI,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA.
: NO. 03-2116 Civil Term
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER CODE SECTION 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. 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: 2 '' C - W
W. Grant Sobolewski
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W. GRANT SOBOLEWSKI,
plaintiff
VS.
DENISE M. SOBOLEWSKI,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA.
: NO. W2116 Civil Term
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER CODE SECTION 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. I understand
that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to
unworn falsification to authorities.
/ r
Date: (2g
I O ?
mo ?? l"w,, ?(??P )11 •o d A ??LL?
Denise M. Sobolewski
fv?
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W. GRANT SOBOLEWSKI,
Plaintiff
VS.
DENISE M. SOBOLEWSKI,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA.
: NO. 08-2116 Civil Term
: CIVIL ACTION - LAW
: IN 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. Ground for divorce: irretrievable breakdown under §3301(c) (33(d)(1)) of the Divorce Code.
(Strike out inapplicable section).
2. Date and manner of service of the complaint: was sent certified mail, restricted delivery and was
served to the Defendant on April 9, 2008,
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 July 16, 2008 ; by defendant July 16, 2008 .
b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code:
(2) Date of filing of the 3301(d) affidavit:
(3) Date of service of the 3301(d) affidavit upon respondent:
4. Related claims pending: All claims are settled and satisfied by Marriage Settlement Agreement
dated July 16, 2008 signed by both parties
5. (Complete either (a) or (b).)
(a) Date and manner of service of the notice of intention to request entry of the divorce decree, a
copy of which is attached:
(b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: July 17.2008.
Date defendant's Waiver of Notice was filed with the Prothonotary: July 17, 2008.
Date:
1
Jame M Ale er squire
Attorney for Plaintiff
Attorney I.D. #07355
148 S. Baltimore Street
Dillsburg, PA 17019
(717) 4324514
rv:' a
Cr7
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
W. GRANT SOBOLEWSKI „
N O. 08-2116 Civil Term
VERSUS
DENISE M. SOBOLEWSKI
DECREE IN
DIVORCE
T c:r fe). a/ o f. itf 4b
ji?6 ;P- ,?, IT IS ORDERED AND
AND NOW,
DECREED THAT W. GRANT SOBOLEWSKI PLAINTIFF,
AND DENISE M. SOBOLEWSKI , DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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;
PROTHONOTARY
?
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