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HomeMy WebLinkAbout99-04284 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. w- MOLLY MARIE CLAAR P VERSUS WILLIAM SHELDON CLAAR e en an 1999 DECREE IN DIVORCE AND NOW DECREED THAT b&6A--&c7 / MOLLY MARIE CLAAR , PLAINTIFF, AND WILLIAM SHELDON CLAAR 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; Al oa E BY THE ATTEST D J. PR HONOTARY NO. 4284 G? ??'yoA•M, ,??? IT IS ORDERED AND "v ? /a -3 99 6,y e4-??e /? 4Aoge?-e MOLLY MARIE CLAAR, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-4284 CIVIL TERM WILLIAM SHELDON CLAAR, Defendant CIVIL ACTION - LAW 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) of the Divorce Code. 2. Date and manner of service of the Complaint: Service of the Complaint was made by certified mail, the same being signed for by the defendant on July 24, 1999. See attached "Green Card". 3. Defendant executed the Affidavit of Consent required by §3301(c) of the Divorce Code on October 27, 1999. Plaintiff executed the Affidavit of Consent required by §3301(c) of the Divorce Code on October 26, 1999. 4. There are no related claims pending. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: November 22, 1999. Date Defendant's Wavier of Notice in §3301(c) Divorce was filed with the Prothonotary: November 22, 1999. claar\final forms\praecipe YOFFE & YOFFE, P.C. By1 ,CEFFRLoY N. YOFFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 rt . o z rn rn h SENEOR: •COngweMM 3e11Naxfor atletl•1W11er•I•M. •canpWNnwoaw andb. •W pf" d r?yyoouus•s. .na wew on ar man. ama rmn w mm w. an ICU n •pAtRp?II1Ym, F*Lf ne ro eM h•n a eM mWlp•a. WM ft bWk x•pere sap not •WM -PftmRealAr AegMrfed'MeM xullOMbekweleadM& n Tbw The Rd= n•ulorwa nWMm V*S WGw d•fvvMd SWftdtle 3. Ardde Addressed to: '??WYta A4 ?(oD I f)BCB? (punt •sW.. IsIpJT-neture• ees X d PS Forth 3811, December 1944 I also wish to recelve the bRowdnp serA oss (for an extra fee): // 1. ? Addressee's Address •? r?G 2. ? RexMcted Delhrery Cor" postmaster for fee. 3 4a. AWS Number F (04 q77 -7 1 4b. Servke Type 3 r ? ReploWmd cerdn ? Purees Then 13red . ? Retum ? D 102596.97-e-0179 9 00l ted C ew)v F7 ` `Wi n ? 3 d + I1G\1. Oo n t C\C.Iq(- : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, :PENNSYLVANIA V. +? ???\0.? ?hC.IC`On C,\OaC :CIVIL ACTION LAW Defendant : NO.4)`by CIVIL 19'tl CUSTODY VISITATION ORDER OF COURT And now, this --I lAi 19q , upon consideration of the attached complaint, it is hereby directed that the above parties and their respective counsel appear before lAtClrn r C L, ?t1Q.?l Esquire, the conciliator, at Pennsylvania, on the day of S 1999, at D' CEO A.M./ for a Pre-hearing Custody Conference. A such conference, an effort will be made to resolve 're- issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator (T?> 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. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 I-800-990-9108 III ?_-•. r•.. CUIb;-t?' 7 ?ai-?9 y?v?ru rn?? ? ?• Al? -- `\ MOLLY MARIE CLAAR, Plaintiff VS. WILLIAM SHELDON CLAAR, Defendant AL 16 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ?l v ( E h NO. 9'j - 4W41 CIVIL ACTION - LAW DIVORCE ORDER You, William Sheldon Clear, have been sued in Court to modify an existing Partial Custody Order. You are hereby Ordered to appear in person at at , .M., for a conciliation or mediation conference. a pretrial conference a hearing before the Court. on If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. 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, PA 17013 (800)990-9108 or (717)249-3166 AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Dauphin County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Date: BY THE COURT claar\complaint MOLLY MARIE CLAAR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. Y.2 nn WILLIAM SHELDON CLAAR, Defendant : CIVIL ACTION - LAW : DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS 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 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 1 Courthouse Square, 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, PA 17013 (800)990-9108 or (717)249-3166 claar\complaint MOLLY MARIE CLAAR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : NO. yr/- Y-2 SI CU Q /-Cc' WILLIAM SHELDON CLAAR, Defendant : CIVIL ACTION - LAW : DIVORCE COUNT I COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Molly Marie Claar, who currently resides at 2503 Market Street, Camp Hill, Cumberland County, PA 17011 since June 1998. 2. Defendant is William Sheldon Clear, who currently resides at 1417 North 4th Street, Altoona, Blair County, PA 16601 since approximately May 22, 1999. 3. Both Defendant and Plaintiff have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of the Complaint. 4. The Plaintiff and Defendant were married on September 14, 1996 at Camp Hill, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. COUNT II 8. Paragraphs 1 through 7 are incorporated herein by reference. 9. The marriage of the parties is irretrievably broken. 10. After two (2) years have elapsed from the date of separation, Plaintiff intends to file her Affidavit of having lived separate and apart. 11. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, once two (2) years have elapsed from the date of separation and Plaintiff has filed her Affidavit, Plaintiff respectfully requests that this Court enter a Decree in Divorce, pursuant to Section 3301(d) of the Divorce Code. COUNT III REQUEST FOR DIVORCE DUE TO INDIGNITIES UNDER 3301(a)(6) OF THE DIVORCE CODE 12. Paragraphs 1 through 11 are incorporated herein by reference. 13. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. 1. COUNT IV CUSTODY 14. The Plaintiff is Molly Marie Claar and is currently residing with her mother, Peggy J. Emory, her father, Walter S. Emory, Jr., Tylor Claar and Coral Clear at 2503 Market Street, Camp Hill, PA 17011, Cumberland County. 15. The Defendant is William Sheldon Clear who is currently residing with his girlfriend Kathy and her two children at 1417 North 4th Street, Altoona, PA 16601, Blair County. 16. Plaintiff seeks primary physical custody of Tylor Claar born November 25, 1998 and Coral Clear born September 2, 1997. Currently, Tylor Clear and Coral Claar reside with Molly Marie Clear. 17. The children were born in wedlock. 18. Both children are presently in the custody of Molly Marie Claar. 19. From approximately September 4, 1997 to September 18, 1997, Coral Claar resided with Molly Marie Claar and William Sheldon Clear at 203 Valley Street, Marysville, PA. From approximately September 18, 1997 to September 30, 1997, Coral Claar resided with Molly Marie Claar, William Sheldon Claar, Silvia Hoffman, George Hoffman and Brian Clear at 510 23rd Street, Altoona, PA 16602. From approximately October 1, 1997 to November 1997, Coral Claar resided with Molly Marie Claar, Peggy J. Emory and Walter S. Emory, Jr. at 2503 Market Street, Camp Hill, PA 17011. From approximately November 1997 to April 1998, Coral Claar resided with Molly Marie Claar, William Sheldon Claar, Peggy J. Emory and Walter S. Emory, Jr. at 2503 Market Street, Camp Hill, PA 17011. From approximately April 1998 to June 1998, Coral Clear resided with Molly Marie Clear and William Sheldon Claar at 1302 2nd Avenue, Altoona, PA 16602. From approximately June 1998 to July 31, 1998, Coral Claar resided with Molly Marie Claar, William Sheldon Claar, Peggy J. Emory and Walter S. Emory, Jr. at 2503 Market Street, Camp Hill, PA 17011. From approximately August 1, 1998 to the present, Tylor Claar (from November 25, 1998) and Coral Claar have resided with Molly Marie Claar, Peggy J. Emory and Walter S. Emory, Jr. at 2503 Market Street, Camp Hill, PA 17011. 20. The mother of the children is Molly Marie Claar and she currently is residing at 2503 Market Street, Camp Hill, PA 17011. She is married. The father of the child is William Sheldon clear and he is currently residing at 1417 North 4th Street, Altoona, PA 16601. He is married. 21. The relationship of Plaintiff to the children is that of mother. In addition to the two minor children mentioned herein, the Plaintiff currently resides with her mother, Peggy J. Emory and father, Walter S. Emory, Jr. 22. The relationship of Defendant to the children is that of father. The Defendant currently resides with his girlfriend Kathy and her two children. 23. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning the custody of the children in this or another Court. 24. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 25. 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 of visitation rights with respect to the children. 26. The best interest and permanent welfare of the children will be served by granting the relief requested because Molly Marie Claar has been the primary caretaker of the children since birth and significant bonding has occurred between Molly Marie Claar and the children. 27. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. claar\complaint YOFFE 6 YOFFE, P.C. $yell" ?? e4EFFREY N. YOFFE, ESQUIRE Attorney for Plaintiff 219 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 MOLLY MARIE CLAAR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. WILLIAM SHELDON CLAAR, Defendant CIVIL ACTION - LAW DIVORCE VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §9909 relating to unsworn falsification to authorities. Dated: M lly L arie laar C-) iv of o? U ? u (? nv Z'i 1 1 0 L ? M ? MOLLY MARIE CLAAR, Plaintiff VS. WILLIAM SHELDON CLAAR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4284 CIVIL TERM CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 14, 1999. 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 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. 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: ?c?C1•? 1 F199 WILLIAM SHELDON CLAAR claar\final forms\affidavit.wsc ? ? C Q U n N .? ?I, a 2 ? U MOLLY MARIE CLAAR, Plaintiff VS. WILLIAM SHELDON CLAAR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4284 CIVIL TERM CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 14, 1999. 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 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. 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: AL. 9+ Il ? 10f MARIE CLAAR claar\final forms\affidavit. mmc ? g U 65 ?"C = Q U? f 04-: LL• r_ N ?lL ? ? ri[ m F x y U rn ON U MOLLY MARIE CLAAR, Plaintiff Vs. WILLIAM SHELDON CLAAR, Defendant CE OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4284 CIVIL TERM CIVIL ACTION - LAW DIVORCE TO OF A CODE 1. I consent to the entry of a final Decree in 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: a,-r - `I /q 9 ` WILLIAM SHELDON CLAAR claar\final forms\waiver.wsc } M n T?C Q i ,4 M ? ' c C%j m. co ? r!. C? i ig m 4 j rn U MOLLY MARIE CLAAR, Plaintiff VS. WILLIAM SHELDON CLAAR, Defendant OF NOTI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4284 CIVIL TERM CIVIL ACTION - LAW DIVORCE ION OF A DIVORCE 1. I consent to the entry of a final Decree in 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: ? a6 1711 OL IE CLAAR claar\final forms\waiver.mmc M L w co _ p O ? UG = MOLLY MARIE CLAAR, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) WILLIAM SHELDON CLAAR, ) NO. 99-4284 CIVIL TERM Defendant ) CIVIL ACTION - LAW CUSTODY/VISITATION QBM AND NOW, this day of do 1999, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them, it is hereby ordered and directed as follows: 1. The parties shall share legal custody of their minor children, Tylor Claar, d.o.b. November 25, 1998 and Coral Claar, d.o.b. September 2, 1997. 2. Mother shall have primary physical custody of the minor children subject to periods of partial custody and visitation with Father as follows: A. On alternating weekends between 5:00 p.m. and 8:00 p.m. on Friday until 6:00 p.m. on Sunday. This alternating weekend schedule shall commence on September 3, 1999. 2. On alternating holidays, the holidays being defined as Thanksgiving, Easter, Memorial Day, Fourth of July and Labor Day, the alternating holidays shall be from 10:00 a.m. to 8:00 p.m. This alternating schedule shall commence with Mother having Thanksgiving in 1999. 3. The Christmas holiday will be broken into two (2) segments. Segment A will be from December 22nd at noon until December 261h at noon. Segment B will be from December 261" at noon until December 30t" at noon. Mother will have Segment A in 1999 and all odd years thereafter and Segment B in the year 2000 and all even years thereafter. Father will have Segment A in the year 2000 and all even years thereafter and Segment B in the year 1999 and all odd years thereafter. 4. Both parties shall be entitled to two (2) uninterrupted weeks of vacation with the children during the summer months. The parties shall provide each other with sixty (60) days advance written notice of when they intend to exercise their periods of uninterrupted vacation with the children. The parties should advise each other of when they intend to exercise these periods of vacation and to provide the other parent with an emergency number so that they can be contacted in the case of an emergency on vacation. 5. Father shall be required to do the transportation to effectuate these periods of custody. 6. Father and Mother are specifically directed to cooperate fully, communicate clearly, and generally work together in order to ensure the best interests of the subject minor children. Father and Mother are specifically directed to refrain from making any type of disparaging remarks regarding the other while in the presence of the minor children. 7. Such other times as the parties agree. Jeff Yoffe, Esquire Attorney for Plaintiff William Claar, pro se io-6??9 RLI{ mlb BY THE COURT, r,•r' t.?ii ?i: '?7 MOLLY MARIE CLAAR, Plaintiff Vs. WILLIAM SHELDON CLAAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4284 CIVIL TERM CIVIL ACTION - LAW CUSTODY/VISITATION JUDGE PREVIOUSLY ASSIGNED: None. CUSTODY CONCILIATION COM MO aUMMAY RFR RT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF' Tylor Claar November 25, 1998 Plaintiff Coral Claar September 2, 1997 Plaintiff 2. A Conciliation Conference was held on September 2, 1999, and the following individuals were present: the Plaintiff and her attorney, Jeff Yoffe, Esquire; the Defendant appeared pro se. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent children: Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: September 12, 1999 Michael L. Bangs Custody Concilia OCi U 4 I9yyy??