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Home My WebLink About03-5022 MARK A. CONKLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION - LAW 502.:L 2003 --XJ.J.(:IVIL TERM TARA A. CONKLIN, Defendant IN DIVORCE NOTICE 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 in 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland 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. MARK A. CONKLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION . LAW 5~O d2 J-. 2003 - CIVIL TERM TARA A. CONKLIN, Defendant IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE NOW comes the Plaintiff, Mark A. Conklin, by his attorney, Marcus A. McKnight, lI!, Esquire, and files this Complaint in Divorce against Defendant, Tara A. Conklin, representing as follows: 1. The Plaintiff is Mark A. Conklin, an adult individual residing at 14 East Main Street, Plainfield, Cumberland County, Pennsylvania 17081. 2. The Defendant is Tara A. Conklin, an adult individual residing at 5005 El Campo Granda, Las Vegas, Nevada 89130 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on November 28, 1997, in Silverdale, Washington. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant have two children, one child born prior to this marriage, namely Cambriea Nicole Conklin, born January 2, 1998, and one child born during the marriage, namely Hannah Elizabeth Conklin, born August 31, 1999. 7. Pursuant to the Divorce Code, Section 3301(c), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The Plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff demands judgment dissolving the marriage between the two parties. Respectfully submitted, By: Date: September 16,2003 Marcus A. McKni , III, Esquire-- Attorney for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court LD. No. 25476 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~4~ MARK A. CONKLIN Date: September 16,2003 MARK A. CONKLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION - LAW 2003 - CIVIL TERM TARA A. CONKLIN, Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 16, 2003 tfL:01KL~ MARK A. CONKLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW TARA A. CONKLIN, Defendant NO. 2003..5022 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Mark A. Conklin, by his attorneys, Irwin, McKnight and Hughes, and presents the following Complaint for Custody. 1. The Plaintiff, Mark A. Conklin, is an adult individual with an address of 14 East Main Street, Plainfield, Cumberland County, Pennsylvania 17081. 2. The Defendant, Tara A. Conklin, is an adult individual with an address of 5005 El Campo Granda, Las Vegas, Nevada 89130. 3. The parties are the natural parents of two (2) minor children. One child was born prior to the marriage, namely Cambriea Nicole Conklin, born January 2, 1998, and one child was born during the marriage, namely Hannah Elizabeth Conklin, born August 31, 1999. 4. The Plaintiff seeks custody of the following children: Name Present Address Date of Birth Age Cambriea Nicole Conklin 5005 EI Campo Granda Las Vegas, NY 89130 01/02/97 5 years Hannah Elizabeth Conklin 5005 EI Campo Granda Las Vegas, NY 89130 08/31/99 4 years The minor child, Cambriea Nicole Conklin, was born out of wedlock. The children are presently in the custody of Tara A. Conklin, 5005 El Campo Granda, Las Vegas, Nevada 89130. During the past 5 years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Mark A. Conklin Tara A. Conklin Silverdale, W A 10/97 to 07/98 Mark A. Conklin Tara A. Conklin Carlisle, P A 08/98 to 04/00 Mark A. Conklin Tara A. Conklin Las Vegas, NY 04/00 to 01/03 Tara A. Conklin Las Vegas, NY 01/03 to present 5. The Plaintiff currently resides with the following persons: Name Relationship K. Conklin D. Conklin Father Mother 6. The Plaintiff desires that the parties have shared legal custody of said minor children. 7. The Plaintiff desires primary physical custody ofthe minor children, Cambriea Nicole Conklin and Hannah Elizabeth Conklin with periods of temporary physical custody to Defendant as the parties agree. 8. The best interests and pennanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, Mark A. Conklin, respectfully requests that she be awarded primary physical custody and shared legal custody of Cambriea Nicole Conklin and Hannah Elizabeth Conklin, as provided herein, with periods of temporary physical custody to Defendant as provided herein. Respectfully submitted, By: Date: September 23, 2003 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~~~/ Date: September 23, 2003 ""b ~ - ~ ~ ~ Jt\ -- "'-.l -{:. ~ )-> -i: 0 liS' ~ liS ~ \ (") c: ~~ -;>"fn ,L._~' : ztC U>).", ~ ~C ce. .;'"~; .~ -"OJ -< o c...' (/) rq -0 1'0 ,~'- ~ ~::j j ';-~ '1.1 ('.- --:j;" -Dy :.~ (J) )~ ~{-l ':-;'l~ '.5f'n -, '0 --< .-0 ::..: :J1 'v ~ MARK A. CONKLIN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-5022 CIVIL ACTION LAW TARA A. CONKLIN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 01, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before ~lcqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, October 22, 2003 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be' made to resolve the 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 also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furuish any and all existing Protection from Abnse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl{. FOR THE COURT. By: Is/ Tacqueline M. VernQ'. Esq. Custody Conciliator II The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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. YOU SHOULD TAKE TInS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 '~~,iP'~~~ .~~~ ~IA ~Itt' ~ ?- ~ ~ p; f:cJJ 01 [Cl./.O( [:0.( of VlNV^lASNN3d AlNn08 (l'-'InH::J8i^Jno 6 I :f.: Wd I - IJU W ^l:f'1'J.Oi~\.>iLU+, "ril ,,0 30U:iO" n:ri::.1 MARK A. CONKLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIJL ACTION - LAW 2003-:;022 CIVIL TERM TARA A. CONKLIN, Defendant IN DIVORCE AFFWA VIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(I)(i) COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Tara A. Conklin, on September 26, 2003, by certified, restricted delivery mail, addressed to her at 5005 El Camp Granda, Las Vegas, Nevada 89130, with Return Receipt Number 700208601074 4162. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verifY that the statements made in this affidavit ar hue and correct. I understand that false statements herein made are subject to the penalties 8 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. III, ESQUIRE Date: October 7, 2003 n.J ..D "" ~ U.S Postal Ser\" CERTIFIED MAil RECEIPT (Domestic Mall '''''''-, ~'i, " }e ProvIded) ~ 1'- o "" o o o o o ..D 00 o n.J o o 1'- ~ F9!f3/63 C ~orAIlI,. MARU ,~.3 ~, 30 Postage $ Certlflfld Fee - H... $ 'l',~~ nt MS TARA A CONKLIN ::~m~L"CAMP(i'-GRANDA-"'"'''''''''-'''-''''''''''''''''--''' cn,.~tO;'~..IlI.V.....a.~J.O............................_...__........._. PS Form 3800, Af'lll 20(1 ( P,,, (Jr fns!. ' · 'COmplete ~ems 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of tha mailplece. or on the front if space permits. 1. Article Addressed to: MS TARA A CONKLIN 5005 EL CAMPO GRANDA LAS VEGAS NV 89130 2. Article Number (Transfer from service label) PS Form 3811 , August 2001 3. Service Type ~ Certified Mail [J Reglst..... '1 4. Restricted Del [J Exp.ess Mail [I Return Receipt for Merchandise CJ C.O.D. &tnI 7002 DBbD DODD 1074 41b2 OomeetIC Return Receipt 102595-02-M_1035 o c ~ -ce,;' rnp- z>' ~s~." ~c; ~~.c ~.i- ;P- ice: ~ (:J LA) () -n Q :"") .-.-4 -, ::s ,0 MARK A. CONKLIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. 03-5022 CIVIL ACTION - LAW TARA A. CONKLIN, Defendant IN CUSTODY PRELIMINARY OBJECTIONS TO COMPLAINT FOR CUSTODY Defendant, Tara A. Conklin, hereinafter "Defendant," through her attorneys, LopezNeuharth LLP, respectfully requests the following: 1. Plaintiff, Mark A. Conklin, hereinafter "Plaintiff," initiated the present action on September 23, 2003, and the Custody Complaint was filed on S,eptember 24, 2003. Defendant was served with her copy of the Custody Complaint on October 16,2003. The Custody Complaint is attached as exhibit "A." 2. Defendant and the children, who are the subjects of this dispute, are residents of the State of Nevada, and they have resided continuously in the State ofN~vada since April 2000. 3. Neither the Cumberland County Court of Common Pleas nor any other Court in the Commonwealth of Pennsylvania have the authority to exercise jurisdiction over this matter because none of the following conditions required to make Pennsylvania jurisdiction appropriate are present: A. Pennsylvania is not the home state of the children and was not the home state of the children at the time this action was filed. B. Pennsylvania had not been the home state of the children within six-months before the commencement of this proceeding. In fact, the children have lived in Nevada for three and one-half years prior to the commencement of this action. C. None of the required conditions listed in Pa.C.S. 23 S 5344(2) are present that would allow a Court in this Commonwealth to assume jurisdiction. Wherefore, Defendant respectfully requests that the Court dismiss Plaintitrs Custody Complaint. Respectfully submitted, a4[' Aaron J. N~uharth Attorney for Plaintifti'Petitioner LopezNeuharth LLP 401 East Louther Street, Suite 101 Carlisle, P A 17013 (717) 258-9991 ~ ----- VERIFICA nON I, Aaron Neuharth, Attorney at Law, verifY that the statements contained in the above pleading are true and correct to the best of my knowledge. The information is based upon a conversation with Defendant, Tara Conklin. This verification is made pursuant to Rule 1024 (c )(2) of the Pennsylvania Rules of Court since Defendant is out of Cumberland County and her verification cannot be obtained in a timely manner. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.~4904, relating to unsworn falsification to authorities. Dated: 10/dl/03. -0 _ ' Aaron Ne~h, Attorney ~ntnr Law Offices of LopezNeuharth LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 UCl:. 1::) U.:I Ul:1IP UNt:. ~IU"'" Mail!::Jox 702 655-7203 p.7 MARK A. CONKLIN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 03-5022 CIVIL ACTION LAW TARA A. CONKLIN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesd~y, October 01, 2003 , upon consideration' of the atlached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqu,eline M. Verney, Esq. , the conciliator, at 41b Floor, Cumberland Counly Courthouse, Carlisle on Wed...~sday, October 22, 2003 at 9:3~ AM for a Pre-Hearing Custody Conference. At such conference, an effort will be ma,de to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs tbe parties 10 furnish auy and all existing Plrotection from Abuse orders, Special Relief orders, aDd Custody orders to tbe cODciliator 48 hours prior tn scheduled heariD2. FOR THE COURT. By: Isl racqueline M. Venu:y. Esq. I- Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessihle 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 cowt. You must atlend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TI1E OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cwnberland County Bar Association 32 Sonth Bedford Street Carhsle, Pennsylvania ] 70 13 Telephone (717) 249-3Ifh:E CCC?Y Fr:C!\A RECORD In T eSlim,'ny dFJ'cor, ! h"ro unto set my hind and the saal of said Court at Carjisle, Pa, , This ..../.~:C..... day ot.t.}!......... ~.~ ,,~;ff.~..,L..,..~&,..Q,1..~ ................7".. Prothonotar("' J' " ",.-'" EX\-\',~'.T ""R:\'/ uct 1~ U~ Ul:l~p UN!:. ~TOP MailBox 7102 655-7203 p.8 MARK A. CONKLIN, Plaintiff SEP 2 6 20 3 ~ ; IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW TARA A. CONKLIN, Defendant NO. 2003-5022 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of , 2003, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at , on the _ day of , 2003 at - . M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to definc and narrow the issues to be heard by the Court and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: Custody Conciliator YOU SHOULD TAKE TillS 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 32 South Bedford Street Carlisle, PennsylvaDia 17013 (717) 249-3166 1-800-990-9108 . .L.~\. UC'C 1:J U.:I Ul:ltfp UN!=. ~IUI-' MaIlBox 702 655-7203 I p. to MARK A, CONKLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW TARA A. CONKLIN, Defendant NO. 1003-5011 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Mark A. Conklin, by his ,1ttomeys, Irwin, ~C~ht 8d Hughes, and presents the following Complaint for Custody, . ~ U) .j yq., ,~., ;~.',' ..,1_~, 8)1..:: -\J N :..;8 ~,_.,'.~ l,~..,'.,...~.. :r;' ~ " I :' ..'::G) -':' .,'-.~ 1. ~s :Ct., C) >t: - 3;"11 The Plaintiff, Mark A. Conklin, is an adult individual with an address of 14 iiist M:iin ;~ Street, Plainfield, Cumberland County, Pennsylvania 17081. 2. The Defendant, Tara A. Conklin. is an adult individual with an address of 5005 EI Campo Granda, Las Vegas, Nevada 89130. 3. The parties are the natural parents of two (2) minor children. One child was born prior to the marriage, namely Cambriea Nicole Conklin, born January 2, 1998, and one child was bom during the marriage, namely Hannah Elizabeth Conklin, born August 31, 1999. Uct. It:! U::I UI:IHp ONE STOP MailBox 7112 655-7203 p.lI ! 4. The Plaintiff seeks custody of the following children: Name Present Address Date of Birth Age Cambriea Nicole Conklin 5005 EI Campo Granda Las Vegas, NV 89130 o 1/02/<ff' 5 years Hannah Elizabeth Conklin 5005 EI Campo Granda Las Vegas, NV 89130 08/31199 4 years The minor child, Cambriea Nicole Conklin, was born out of wedlock. The children are presently in tbe custody of Tara A. Conklin, 5005 EI Campo Granda, Las Vegas, Nevada 89130. During the past 5 years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Mark A. Conklin Silverdale, WA 10/97 1:0 07/98 Tara A. Conklin . Mark A. Conklin Carlisle, PA 08/98 to 04/00 Tara A. Conklin Mark A. Conklin Las Vegas, NY 04/00 to 01/03 Tara A. Conklin Tara A. Conklin Las Vegas, NV 01103 t,o present 5. The Plaintiff currently resides with tbe following persons: Name Relationship K. Conklin D. Conklin Father Mother Oct. 15 03 OI:18p ONE STOP MailBox 702 655-7203 6. The Plaintiff desires that the partics have shared legal custody of said minor children. 7. The Plaintiff desires primary physical custody of the minor children, Cambriea Nicole Conklin and Hannah Elizabeth Conklin with periods of temporary physical custody to Defendant as the parties agree. 8. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, Mark A. Conklin, respectfully requests that she be awarded primary physical custody and shared legal custody of Cambriea Nicole Conklin and Hannah Elizabeth Conklin, as provided herein, with periods of temporary physiical custody to Defendant. as provided herein. Respectfully submitted, By: Ma Atto 60 es t Street Car' Ie, Perul~ylvania17013-3222 (717) 249-2353 Supreme Court L D. No. 25476 Date: September 23, 2003 p. t2 Oct 15 03 OI:ISp ONE STOP MailBox 702 655-7203 p.13 VERIFICATION The foregoing Complaint for Cuslody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. fi/#.f-~ MARK A. CONKLIN Date: September 23, 2003 t_!]", ~-_i ,; , ,"J ---..' ~. r~:' , ~:-: ~\--~ ) L<C C_ ~'~ -~~ o c < c ::> ,I c- " -, 'l" '--;] :-< ~:J VI Mark A. Conklin, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW : F.R. No. 2003-5022 CIVIL TERM Tara A. Conklin, Defen~ant : In Divorce ANS R TO DIVORCE COMPLAINT AND NEW MATTERS I. Admitted. 2. Admitted i part and Denied in part. Defendant's address is 4033 Hazel Ridge Drive, Las Vegas, Nevada 8 129. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. NEW MATTERS COUNT II - EOUITABLE DISTRIBUTION 1-8 The answ s to paragraphs 1 through 8 hereof are incorporated herein as fully as though listed in entiret . 9. Plaintiff and Defendant have acquired both property and debts during the course of the marriage, which are m . tal property or debts. 10. Plaintiff an Defendant have acquired prior to marriage, or subsequent thereto, non costs of this litigation and is unable to maintain herself during the pendency of this action. 15, Plaintiff is currently employed at the Cumberland County Prison and makes , approximately $13.50Iper hour. , 16. Defendan~ is currently emolled in a course of study to become a nurse. i WHEREFORlf, pursuant to Section 3702, et. seq., of the Divorce Code, "Alimony Pendente Lite, Couns I Fees and Expenses," Defendant respectfully requests this Honorable Court to order Plainti to file within 30 days of service of this Answer and New Matters upon Plaintiff, a complete i orne and expense statement, and to require the scheduling of a hearing to detennine Defendant' entitlement to Alimony Pendente Lite, counsel fees and expenses, and if so, the amount. Respectfully submitted, ~I ~ euharth, ESqUl Attorney for Defendant Law Offices of Lopez Neuharth LLP 401 East Louther Street, Suite 101 Carlisle, P A 17013 (717) 258-9991 VERIFICATION I, Aaron Neuhatih, Attorney at Law, verify that the statements contained in the above pleading are true and' correct to the best of my knowledge. The information is based upon a conversation with De endant, Tara Conklin. This verification is made pursuant to Rule 1024 (c )(2) of the Pennsyl . a Rules of Court since Defendant is out of Cumberland County and her verification cannot be obtained in a timely manner, I understand that any false statements are made subject to the pe ties of 18 Pa.C.S.~4904, relating to unsworn falsification to authorities. Dated: 10 -;rEf ~~ Aaron Ne arth, Attorney for P . . Law Offices of LopezNeuharth LLP 401 East Louther Street, Suite 10 1 Carlisle, P A 17013 (717) 258-9991 ~ '\k.. - ..c::: vJ 0(\ ~ (:) r,- ~ ~ % - ~ ..c:: .......'"> --0 ~ r,; -0 I"> ,tI ~ (':l I': :0-' 5> .., 1= n C:~ iCY; '~., ;-'J '-j "\) ~'., .~, , Jeffrey R. Virlcett, Plaintijf I IV. i I Patricia A. Vipcett, Defen~ant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV NIA . ...-: : NO. 03- S / ~ () CIVIL TERM : CIVIL ACTION - CUSTODY PRAECIPE TO THE PR THONOTARY: Pleas settle, withdraw and discontinue the above-captioned matter on be alf of the Plaintiff. Respectfully Submitted TURO LAW OFFICES ,- Robert J. 28 South itt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ~ ~:- -') ., (:: FEB 2 5 2004 tf MARK A. CONKLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2003-5022 CIVIL TERM TARA A. CONKLIN, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 25th day of February, 2004, the Conciliator being advised that the parties have reached an agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, 'th. ne M. Verney, Esquire, Custo y Conciliator --r';r:\:) C' ", o.7n.:'\-&~1. '-10 :v;\(\ -,.~ t,...:1 \' ,~, ,-"'), \ \!J.'.:\ ::\-\~ 1\C."j.,.\.-~',~, \ '"r._r\:C\\J., :>..i,,',;.<.:,l.) ,-_.' ,,' ;.(\ ...v MARK A. CONKLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW TARA A, CONKLIN, Defendant NO. 2003-5022 CIVIL TERM IN CUSTODY CUSTODY STIPULATION AND NOW, this~~day of A~ _' 200~e parties, MARK A. CONKLIN and TARA A. CONKLIN hereby enter into the: following Custody Stipulation and Agreement regarding their two minor children, CAMBRIEA NICOLE CONKLIN and HANNAH ELIZABETH CONKLIN: I. The Plaintiff, Mark A. Conklin, is an adult individual who resides at 14 East Main Street, P. O. Box 18, Plainfield, Cumberland County, Pennsylvania 17081. 2. The Defendant, Tara A. Conklin, is an adult individual who is currently residing at 7195 West La Madre, Las Vegas, Nevada 89149. 3. The parties are the natural parents of two (2) children, namely, Cambriea Nicole Conklin, age 5, born January 2, 1998, and Hannah Elizabeth Conklin, age 4, born August 31, 1999.. 4. The parties agree to have shared legal custody of the minor children. 2 5. The Defendant/Mother shaH have primary physical custody of the minor children. 6. The Plaintiff/Father shaH have temporary physical custody of the children as follows: A. Physical custody of both children in Nevada Dram December 5, 2003 until December 9,2003. This period of custody includes overnight custody. The parties agree that the children will not be removed from the State of Nevada. The parties acknowledge that the .Plaintiff/Father may be accompanied by his mother or his girlJnend, Carol Bisker. B. ln future years, a period of physical custody of at least (5) days in Nevada or Pennsylvania as the parties agree. C. Physical custody of the children each summer for a period of time consisting of at least five (5) weeks after school in Nevada is over and ending at least three (3) weeks prior to the start of school in Nevada. 7. The parties shall provide for custody of the minor children at all other times as the parties agree is in the best interest of said children. 8. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and shall take any necessary steps to ensure that the health and well-being of the child are protected. During such illness or medial emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 9. The parties shall not do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affection for the other party. 3 10. The parties may make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree. The parties anticipate regularly varying from the tenns of this Stipulation in order to accommodate the schedules of each other and the child. However, if the parties cannot reach a mutual agreement, the tenns of this Stipulation and Order shall control. 11. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and furth,:r acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 4 . . 14. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSETH: ,/t ~ ~~(SEAL) ~RK A. CONKLIN ~d, &J),oJU:) RA A, CONKLIN 5 () c: :? "TJcb ~l;'r-I ;..?F:V (/)5> -<' .~" ~e ~- ;~E; -- (-. z ~ ...., = = oJ:- ".. " :::t.I N CD ".. :x ~ :r nl:t1 ~~ ~~ 5~ ..-"" ?5 -< - .. r'-) -.I APR 2 9 2004 V \') MARK A. CONKLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW TARA A, CONKLIN, Defendant NO, 2003-5022 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this "-j iJ. day of ~ 200'>, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that it be entered as an Order of Court. BY~(~ ~,~Vv&~~ i Aaron J. Neuharth Attorney for Defendant Marcus A. McKnight, ill, Esq. Attorney for Plaintiff ~ ~ 6', o<{ -0'/ L~ , ., o .. 'J1NVI\lASNi'{?d I INn -.- r" ,. '"" '''-'A'~", I\J. I rC/.} ,,)'\!7 li~J:di '41 ;'-' Sf: :01 WV 1- AVW ~Oal AbV10NOHlOUd 3Hl :10 3J1::HO-a3-1I:i MARK A, CONKLIN, PlaintifEnPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2003.5022 CIVIL TERM TARA A. CONKLIN, Defendant/Respondent IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Petitioner, Mark A. Conklin, by his attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody. l. The Petitioner, Mark A. Conklin, is an adult individual with an address of 14 East Main Street, Plainfield, Cumberland County, Pennsylvania 17081. 2. The Respondent, Tara A. Conklin, is an adult individual with an address of 5005 EI Campo Granda, Las Vegas, Nevada 89130. 3. The parties are the natural parents of two (2) minor children. One child was born prior to the marriage, namely Cambriea Nicole Conklin, born January 2, 1998, and one child was born during the marriage, namely Hannah Elizabeth Conklin, born August 31, 1999. 4. The parties are currently governed by a custody Order of Court dated May 4, 2004, signed by Judge Edgar B. Bayley, a copy of which is attached hereto and marked as Exhibit "A". 5. The Respondent previously consented to returning to Pennsylvania to accompany the children back to Las Vegas, Nevada, at the end of their summer vacation with their father. 6. The Respondent is now objecting to the returning to Pennsylvania to accompany the children back to Las Vegas, Nevada. 7. The best interest and welfare of the children is that the Respondent uphold her obligation regarding the transportation of the children. WHEREFORE, the Petitioner, Mark A. Conklin, respectfully requests that the Respondent be required to uphold her obligation regarding the transportation of the children back to Las Vegas, Nevada, after their summer visitation with their father. Respectfully submitted, By: Marc Atto for Plaintiff 60 Wes Pomfret Street Carlisle, Ivani (717) 249-2353 Supreme Court I. D. No. 25476 Date: May 20, 2004 EXHIBIT "A" APR 2 Sl 2004 \j IHARK A. CONKLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2003-5022 CIVIL TERM TARA A. CONKLIN, Defendant IN CUSTODY ORDER OF COURT u:: MO--:1 AND NOW, this ~ day of Aj>+;i..l. 2004, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that it be entered as an Order of Court. By the Court, }s) f~11fLV (3. Dtf7 J. Aaron J. Neuharth Attorney for Defendant T~.,. ,..- r'r,,,,,,,, '~'"U)' ~ .,,~CO ., . t,.;j,..h:.... v......,,~ t fLt',~.,,~{ ~ ti:~ .' ,fRU tn le;ttlInnnr~l,I;~f!f;l~nt, t hr't~ ,::Hi! !..i~ rrrf' t~M ;l(1;:J i.J111 $ilill of ,<Ill! Cu...n. iloi. (;';'JiJ.'@, ';'a. ~"jS f_~~f...daY {li>lT;::J.r;::;, J;; t ~ PrCtI10fll:l1/lnt Marcus A. McKnight, ill, Esq. Attorney for Plaintiff lVIARK A, CONKLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL Y ANIA v. CIVIL ACTION - LAW 0 ~~ NO. 2003-5022 CIVIL TE~: ..... =, cO> ....- ~ J~ ':..f~ ::;:l -":!J r.lf":" -\1tTI -(JO (::'2) :;!"'j ---:- 1.) ~~.~ C") i'.:=.;rn _:~ .~ TARA A. CONKLIN, Defendant ,0.,.-..' ,-.,',-'" ...,,'~ ::':0 =^1 ", GO ,i-,~ -~. IN CUSTODY 'i:~:, ....-..,.f.: ,.,.:.. -~ -< {'., ...... CUSTODY STIPULATION . l.- AND NOW, thisA day of ArR.,,- , 200{, the parties, MARK A. CONKLIN and TARA A. CONKLIN hereby enter into the following Custody Stipulation and Agreement regarding their two minor children, CAMBRIEA NICOLE CONKLIN and HANNAH ELIZABETH CONKLIN: I. The Plaintiff, Mark A. Conklin, is an adult individual who resides at 14 East Main Street, P. O. Box 18, Plainfield, Cumberland County, Pennsylvania 17081. 2. The Defendant, Tara A. Conklin, is an adult individual who is currently residing at 7195 West La Madre, Las Vegas, Nevada 89149. 3. The parties are the natural parents of two (2) children, namely, Cambriea Nicole Conklin, age 5, born January 2,1998, and Hannah Elizabeth Conklin, age 4, born August 31,1999. 4. The parties agree to have shared legal custody of the minor children. 2 5. . The DefendantlMother shall have primary physical custody of the minor children. 6. The PlaintifflFather shall have temporary physical custody of the children as follows: A. Physical custody of both children in Nevada from December 5, 2003 until December 9, 2003. This period of custody includes overnight custody. The parties agree that the children will not be removed from the State of Nevada. The parties acknowledge that the Plaintiff/Father may be accompanied by his mother or his girlfriend, Carol Bisker. B. In future years, a period of physical custody of at least (5) days in Nevada or Pennsylvania as the parties agree. C. Physical custody of the children each summer for a period of time consisting of at least five (5) weeks after school in Nevada is over and ending at least three (3) weeks prior to the start of school in Nevada. 7. The parties shall provide for custody of the minor children at all other times as the parties agree is in the best interest of said children. 8. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and shall take any necessary steps to ensure that the health and well-being of the child are protected. During such illness or medial emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 9. The parties shall not do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affection for the other party. 3 10. The parties may make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the child. However, if the parties cannot reach a mutual agreement, the terms ofthis Stipulation and Order shall control. II. lU1Y modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 4 14. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSETH: IE? ~ ~ . MARK A. ~IN .---- (SEAL) CUt,f'"A ---a., TARA A. ~O~Ib:.iN~ 5 VERIFICATION The foregoing Petition for Modification of Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ;f/ /M MARK A. CONKLIN Date: May 20, 2004 ,-, 0 ~ ~ -n ~ " ::;:l 'l ,<~ ~} - 0 .. ~..J ''':~ . - Ct) () C) N :;-; E Iv 0 ~ J',.". : .. ~ Jt> ' ~ -J ~ ~ MARK A. CONKLIN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 03-5022 CIVIL ACTION LAW TARA A. CONKLIN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, JUDe 03, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbreJat:queliDe M, Verney, Esq. , the conciliator, at 4th Floor, CumberlaDd COUDty Courthouse, Carlisle on Tuesd:oy, JUDe 22, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this carmot 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 also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish aDY aDd all existin:g Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Jacqueline M. Vem~. Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is requin:d by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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. YOU SHOULD TAKE TIDS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ~ "'.,,~/ ,,fAn? ....,... /'~~z:/ _~ J T' ~7 ?y-"" . . v AO;-h. '1 ~ !;w ~ ~ ~u.. JJV'.,-$,? ~vn/ ~ t'- ~ ~-N /1~.It.'7 , ,- I ,",\!~\-.J-\ 'I'~ '\.1,0 \.\ ~" 4i';....:1.., r; \!l)'i\i'{\ 1".",..,.:,.;.-,"(\\[\..) . ,.. ^",', \'., I,., -1';- ~ ~. I }JJ~nc i' , - .., \,Ll '1- Nnf ~nu7. BS .t, " '1'1' '0 ",,.U' "'1::0 ;. ,..,,,- "I)'~~ 1\ .',U',] ..-\1 \ "'~'1'" !. ,', ,..L...... .'.~rl\J !\"'-""---'I"'i_;_I,i'-'U:J \..J :''-):..->..-.1 ~7 JUN 2 4 200. <;' MARK A. CONKLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2003-5022 CIVIL TERM TARA A. CONKLIN, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this -z:g day o~ , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Order of Court dated May 4, 2004 shall remain in full force and effect with the following modifications. 2. Paragraph 6C is deleted in its entirety and replaced with the following. Father shall have physical custody of the children from July 6 to August 16, 2004 and 2005. Thereafter, Father shall have physical custody of the children for 6 consecutive weeks in the summer at times agreed by the parties. 3. Mother agrees to send Father a money order in the amount of $238.00 by August 1,2004, for reimbursement of Father's airline ticket to accompany the children back to Los Vegas, Arizona. 4. In succeeding years, Mother shall pay 1/3 of the total cost of transportation or pay her own cost to accompany the children one way. 5. The parties agree that transfer of custody of the children will occur at the respective airports. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order II control. J. cc: Marcus A. McKnight, III, Esquire, Counsel for Father Megan Malone, Esquire, Counsel for Mother ~ ~ t. _.J9.0,/ <Q-- >- 'c:: \-' ~,~} 'i~; ~~~ ~~~ ,'IU- ~bl.J ;-: lL o ,.., L(J r. ("'') c_ (:~ ('.J .~.~ ;::;;") _T = c.'" <'-' " ~-"-) D MARK A. CONKLIN, Plaintiff JUN 2 4 ZOO4E : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2003-5022 CIVIL TERM TARA A. CONKLIN, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cambriea Nicole Conklin Hannah Elizabeth Conklin January 2, 1998 August 31, 1999 Mother Mother 2. A Conciliation Conference was held in this matter on June 24, 2004, with the following individuals in attendance: The Father, Mark A. Conklin, with his counsel, Marcus A. McKnight, III, Esquire. Mother's counsel, Megan Malone, Esquire was present with Mother, Tara A. Conklin, present by telephone 3. A prior Order of Court was entered by the Honorable Edgar B. Bayley dated May 4, 2004 providing for shared legal custody, Mother having primary physical custody with Father having periods of partial physical custody including several weeks in the summer. Father filed a modification seeking transportation costs. 4. The parties agreed to the order in the form as attached. ~ -?- L( -ot{ Date ac eline M. \t~e(~ Custody Conciliator III TEE COl;RT OF COMMON PLEAS OF CL~ERLANII COUllTY, PENNSYLVANIA MAIlK A. CONKLIN, Plaintiff vs. TARA A. CONKLIN, NO. 2003--5022 19 MAIlK A. CONKLIN a master with respect to the (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente MOTION FOR ..\.PPOINTMENT OF MASTER (Plaintiff) ~aJfiI:), following claims: moves the court to appoint Lite (X) ( ) ( X) (X) Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) ~~) appeared in (by his attorney, MEGAN MALONE (3) The staturory ground(s) for divorce (is) 330 1{ c) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. . (b) An agreement has been reached with respect to the following claims: DIVORCE (c) The action is contested with respect to the following EQUITABLE DISTRIBUTION. COUNSEL FEES, COSTS AND EXPENSES. (5) The action (involves) (does not involve) complex issues of the action (personally) ,Esquire), (are) claims: law or fact. Date: JANUARY 27, 2005 .L2!- At to (hours) (days). motion: (6) The hearing is expected to (7) Additional information, if AND NOW is appointed master with ORDER APPOINTING MASTER ,19_, respect to the following cla:~s: Esquire, By the Court: J -,. ,..., ("'::;:.') r...:;:;:O en '- """ :JE: () -on ._~ '"J:-n hlp --r-\rn ~DC:J .")C-, ~:,;:i -'f, :':"""-r) ~,,~C) ~';~rn ;:q .... "'" -.J -,,~ ~-, " ~.,"" (:.'"1 CD MARK A. CONKLIN, Plaintiff/Petitioner, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2003.5022 CIVIL TERM TARA A, CONKLIN, DefendantJRespondent IN .DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, this 26th day of January 2005, comes the Petitioner, Mark A. Conklin, by his attorneys, IRWIN & McKNIGHT, and makes the following Petition for Economic Relief against the Respondent, Tara A. Conklin, as follows: 1. The Petitioner is Mark A. Conklin who is the Plaintiff in a divorce action filed at in Cumberland County, Pennsylvania. His address is P. O. Box 18, Plainfield, Cumberland County. Pennsylvania 17081. 2. The Respondent is Tara A. Conklin who is the Defendant this divorce action. Her address is 4033 Hazel Ridge Drive, Las Vegas 89149. 3. The petitioner seeks the following relief from the Court: a. Equitable distribution of the marital assets; and b. Costs, expenses and counsel fees WHEREFORE, the Petitioner, Mark A. Conklin, requests the relief set forth above. Respectfully submitted, IRWIN & McKNIGHT 1 .MCKn~ 60 Wes Pomfret Street Carlisle, P A 17013 717-249-2353 Supreme Court I.D. No: 25476 Attorney for the Plaintiff/Petitioner, Mark A. Conklin Date: January 26,2005 2 VERIFICATION The foregoing document is based upon infonnation which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, infonnation and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. " ~,~ /!~ ~KLIN Date: January 26, 2005 3 f.-J n --bq. ~ f'...) t -c ,:.::.:.:> (-:) <:':.::.1 C) (Jl -'n C- o.. () :I-\.-, _.t;.. rT'l r;-~ ~ ,. I-V pi ....... C> CJ \)' ....:t r -...J " () j "I p<} ., ,>':-'1.' .....0 :'; () (,.) ~:) I ! 1 ~. -- .:~~ -.j g o' :-~J co- .< ---- Mark A. Conklin, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW F.R. No: 2003-5022 CIVIL TERM Tara A. Conklin, Defendant : In Divorce PRAECIPE TO CHANGE ADDRESS To: Curtis Long, Prothonotary: The address for the above captioned Defendant has changed. The new address for Defendant is c/o Terri Veach, 4033 Hazelridge Drive, Las Vegas, NV 89129. Please make note of the change of address for this Defendant. Date: :5/;d/OS f < yJ i/l. ( J;;,L-UJdf1./( jlf.dj)fr~ Megan Mftlone, Esquire Aaron Neuharth, Esquire (-'j C," . . MARK A. CONKLIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. 03-5022 CIVIL ACTION - LAW TARA A. CONKLIN IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE To: Curtis Long, Prothonotary: Please withdraw the appearance of my counsel ofrecord, Aaron J. Neuharth, Esquire, in the above-captioned matter. Pending retention of successor counsel, please serve all papers and documents upon me at my current address, 7915 West La Madre Lane, Las Vegas, NV 89149. Date: 5/ S/'0 S- ~~~Jlnf)- Please withdraw my appearance in the above captioned action. c~~~.~~~ - ~~ 0 ,.:.;;:;) -n eJ' c ~~O '" ,..- J' MARK A. CONKLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2003 - 5022 CIVIL TERM TARA A. CONKLIN, Defendant IN DIVORcCE NOTICE 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 in 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania 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 TmS 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland 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, : IN THE COURT OF COMMON PLEAS OF MARK A. CONKLIN, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW 2003 -50J1::IVIL TERM TARA A. CONKLIN, Defendant IN DIVORCE AMENDED COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) AND 3301 !!ll OF THE DIVORCl~ CODE NOW comes the Plaintiff, Mark A. Conklin, by his attorney, Marcus A. McKnight, III, Esquire, and files this Amended Complaint in Divorce against Defendant, Tara A. Conklin, representing as follows: COUNT I - DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Mark A. Conklin, an adult individual with an address ofP. O. Box 18, Plainfield, Cumberland County, Pennsylvania 17081. 2. The Defendant is Tara A. Conklin, an adult individual whose last known address was 3708 Stuba, Apt. 1, Las Vegas, Nevada 89108. 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on November 28, 1998, in Silverdale, Washington. The parties separated on January 3,2003. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant have two children, one child born prior to this marriage, namely Cambriea Nicole Conklin, born January 2, 1998, and om: child born during the marriage, namely Hannah Elizabeth Conklin, born August 31, 1999. 7. Pursuant to the Divorce Code, Section 3301(c), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The Plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. COUNT II - DIVORCE PURSUANT TO SECTION 330Hd) OF THE DIVORCE CODE 9. The avennents of Paragraphs one (I) through Eight (8) are incorporated herein by reference as though fully set forth below. 10. Pursuant to the Divorce Code, Section 3301(d), the Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties is irretrievably broken and that the parties hereto have lived separate and apart for a period of at least two years. The parties have lived separate and apart since on or about January 3,2003. WHEREFORE, the Plaintiff demands judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN & McKNIGHT By: 13-3222 Date: August lO, 2005 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the p,enalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. M1U Date: August 10, 2005 MARK A. CONKLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2003 - 5022 CIVIL TERM TARA A, CONKLIN, Defendant IN DIVORCE NOTICE TO THE DEFENDAN'[ If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted, PLAINTIFF'S AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE 1. The parties to this action separated on or about January 3, 2003, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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. of 4904 relating to unsworn falsification to authorities. Date: August 10, 2005 A4(U' MARK A. CONI<LIN Plaintiff .eo , "'". "" C""'>,~,'" .,tf ',"', (') "> c = ~ 1:J"C\~: = <.n :boo :r , c: ~' f'. C"} fj~ C:"} r" 0 f;~ ". --i .. ::r: .'i ).;:. C' ::kl: C):!J "'~ - ~- ~ 0 ,. .~ a ~ <.11 -< ,. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA MARK A. CONKLIN, PlabltiffnPetitioner, v. CIVIL ACTION - LAW 2003-5022 _CIVIL TERM TARA A. CONKLIN, DefendantJRespondent IN DIVORCE AFFIDAVIT OF SERVICE I, CAROL BISKER, a competent adult, being duly swo:m according to law, depose and say that at \2'.;;2 \ on August 10, 2005, I personally served by hand delivery the Amended Complaint in Divorce, Counter-Affidavit, Hearing Notice and Memorandum in reference to the above-captioned case: To; Tara A. Conklin I verifY that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Date: August 10, 2005 Sworn and subsc..ri~ed before me this () ~ay of Jwfte; 2005 ",v'lvOS COMMONWEAL=S:NNSYLVANtAJ Martha L Noel, Nclary PuIlIIc CaIIsIe Bolo, Cunlbaolloid County My c....,oI8aioo, E>cpk8o Sept. 18, 2lIll7 Member. Pennsylvania AHoc:i8tton Of Nota1~n "!.'",.,\~ '""",. ;,'f\;ji, }'.:, """~<'\ "," ., (') C;;; ':':l:.. ""'Vl):: ~~i:: .".~ \ (f) ~ -::: ~,- ~~~._:: z'''''. --=-c" );>c ~ ." "., '.....,'", ..... = = "'" ".. c: G') ~ ~:D :B8 ~~ c::>- 3~ ~ Cl ..." :x: ~ c..n Cl MARK A, CONKLIN, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW NO, 2003-5022 CIVIL TERM TARA A. CONKLIN, Defendant/Respondent IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Petitioner, Mark A. Conklin, by his attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody. 1. The Petitioner, Mark A. Conklin, is an adult individual with an address of P. 0, Box 18, Plainfield, Cumberland County, Pennsylvania 17081. 2. The Respondent, Tara A. Conklin, is an adult individual with an address of37708 Scuba, Apt. 1, Las Vegas, Nevada 89108. 3. The parties are the natural parents of two (2) minor children. One child was born prior to the marriage, namely Cambriea Nicole Conklin, born January 2, 1998, and one child was born during the marriage, namely Hannah Elizabeth Conklin, born August 31, 1999. 4. The parties are currently governed by a custody Order of Court dated May 4, 2004, signed by Judge Edgar B. Bayley, a copy of which is attached hereto and marked as Exhibit "A". : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA MARK A, CONKLIN, PlaintifflPetitioner v, CIVIL ACTION - LAW NO.2003-5022 CIVIL TERM TARA A, CONKLIN, Defendant/Respondent IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Petitioner, Mark A. Conklin, by his attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody. I. The Petitioner, Mark A. Conklin, is an adult individual with an address of P. O. Box 18, Plainfield, Cumberland County, Pennsylvania 17081. 2. The Respondent, Tara A. Conklin, is an adult individual with an address of 3708 Scuba Court, Apt. I, Las Vegas, Nevada 89108. 3. The parties are the natural parents of two (2) minor children, One child was born prior to the marriage, namely Cambriea Nicole Conklin, born January 2, 1998, and one child was born during the marriage, namely Hannah Elizabeth Conklin, born August 31,1999. 4. The parties are currently governed by a custody Order of Court dated May 4,2004, signed by Judge Edgar B. Bayley, a copy of which is attached hereto and marked as Exhibit "An. 5. This Court has jurisdiction of this custody case pursuant to the previous Order of Court. 6. The best interest and welfare of the children require that primary custody of both minor children be granted to the Petitioner, Mark A. Conklin. WHEREFORE, the Petitioner, Mark A. Conklin, respectfully requests that he be granted primary physical custody of the minor children with periods of temporary physical custody to the Respondent as the parties agree is in the best interests of said children. Respectfully submitted, IRWIN& McKNIGHT By: ight, III, Esquire Attorney for ntiff 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date; August 10, 2005 APR 2 i:l 2004 \J IHARK A, CONKLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2003-5022 CIVIL TERJ'VI TARA A. CONKLIN, Defendant IN CUSTODY ORDER OF COURT u:: Me AND NOW, this ~ day of ~ 200;, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that it be entered as an Order of Court. By the Court, Is} !~/t,,v B, IStf7 I I . J. Aaron J. Neuharth Attorney for Defendant TF1)[~ ,C(Jv{ Fr~{)?1i fiEC'NRO tn Tytt~II/}Gf~l~ ~~~tr~f~f. t ~1t'(~~ !,,'_~ "ny ~\;l!.f1d ,.,,,;j ii,,, ":""1 .... c'I!.~C'"",.. i .,\ ("''''''''''' "', ;;.i/i.... .",,1.. ....~; J.i1f d..: o'),io 'l.,'..,..-,' (,W~ ,"-~"".I'.:I!;o', ri..... Thiq:q d.J'.i iiJ J1-L, dC"''I.. ."- ,-;~ I J 0 S~-;ji;;;""'T~ .- I'rCl!Jo;;l)lllfif Marcus A. McKnight, ill, Esq. Attorney for Plaintiff MARK A, CONKLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW (') ~.~ NO. 2003-5022 CIVIL TEM>f. ..... c;J = ...- IN CUSTODY ~;~; (~:: ~<~ ("-j ..> (~~ ;!-- :1;: ~ ..... ::C :!J r",_ -[\cTI ~"")C' <=Jb :;::~j (~~(-"' i:}m :~ "-;-J :;;.,.,,: TARA A. CONKLIN, Defendant ..........' ",-1 r~' -- :~:":-J :;..J N co 7;:; CUSTODY STIPULATION s: 1" ...... \.- AND NOW, thisA day of Ap/Z..... . , 200(, the parties, MARK A. CONKLIN and TARA A, CONKLIN hereby enter into the following Custody Stipulation and Agreement regarding their two minor children, CAMBRIEA NICOLE CONKLIN and HANNAH ELIZABETH CONKLIN: 1. The Plaintiff, Mark A. Conklin, is an adult individual who resides at 14 East Main Street, P. O. Box 18, Plainfield, Cumberland County, Pennsylvania 17081. 2. The Defendant, Tara A. Conklin, is an adult individual who is currently residing at 7195 West La Madre, Las Vegas, Nevada 89149. 3. The parties are the natural parents of two (2) children, namely, Cambriea Nicole Conklin, age 5, born January 2,1998, and Hannah Elizabeth Conklin, age 4, born August 31, 1999. 4. The parties agree to have shared legal custody of the minor children. 2 5. The DefendanUMother shall have primary physical custody of the minor children. 6. The PlaintifflFather shall have temporary physical custody of the children as follows: A. Physical custody of both children in Nevada from December 5,2003 until December 9,2003. This period of custody includes overnight custody. The parties agree that the children will not be removed from the State of Nevada. The parties acknowledge that the Plaintiff/Father may be accompanied by his mother or his girlfriend, Carol Bisker. B. In future years, a period of physical custody of at least (5) days in Nevada or Pennsylvania as the parties agree. C. Physical custody of the children each summer for a period of time consisting of at least five (5) weeks after school in Nevada is over and ending at least three (3) weeks prior to the start of school in Nevada. 7. The parties shall provide for custody of the minor children at all other times as the parties agree is in the best interest of said children. 8. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and shall take any necessary steps to ensure that the health and well-being of the child are protected. During such illness or medial emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 9. The parties shall not do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affection for the other party. 3 10. The parties may make such alternate arrangements regarding the physical custody ofthe child so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the child. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 11. ?J1Y modification or waiver of a...'1y other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 4 14. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSETH: 5 VERIFICATION The foregoing Petition for Modification of Custody is based upon infonnation which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, infonnation and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. i:t1U Date: August 10, 2005 7CJ ~ - '\"" ~ w f (':) 7'l ?-.J ...0 ..c::: -- ~ ~ \) \J ~ B ~ o ~ ~ c,:~, ,~ ~ ". ~: ("~ i;;"' 1'1~ ~ t~).b -:~'c;~ e ...-n .(-.. ~:;;~ ~. ,'>..j l ). -;'i- 'ti" b 1'"-' 2 .' .1-;-1 0:;;<' . o MARK A. CONKLIN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-5022 CIVIL ACTION LAW TARA A. CONKLIN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 18,2005 , upon consideration of the attached Complaint, it is herehy directed that parties and their respective counsel appear before Jacqueliue M. Verney, Esq. ,the conciliator, at 4tb Floor, Cumherland County Courtbouse, Carlisle on Tbursd.y, September 22, 2005 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will he made to resolve the 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 mav also be present at the conference. Failure to appcar at the conference may provide grounds for entry of a temporary or permanent order. The court bereby directs the parties to furnish aDY and all existing ProteetioD from Abuse orders, Special Relief orders, aDd Custody orders to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT. By: _ Is! TacqueJine M. Vem~ Custody Conciliator f' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania ] 70 13 Telephone (717) 249-3166 TJI' ckw;1 P "':' J""VtJ'" 4/,; 5er rr ~ ;10/; f ~ ~ Y7 [C'-) ~ ~ J<<; ..p{J 5r? Ee~ ~ -If ;r $ ,"I' - ';}w .-"c""\'\:>"\ \:f<\l;\ \t.>:,J'. ~\ :~'~""'.'3.~,0..'J ~:'" ".~.' \ "..".~'3 "" \\,^, , )-1;" ,. . " \, ~ "\\\~ S~'\\1. llJ '.\' \~6 ~ ", ,,0'2i~ ?,'0l ~O \'~).Ci"v'\!-;:: ai\\' I' ?,'J\~:-\r' MARK A. CONKLIN, Plaintiff IN THE COJRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 5022 CIVIL TARA A. CONKLIN, Defendant IN DIVORCE NOTICE OF FILING MASTER'S REPORT The report of the Master has been filed this date and copies have been sent with this notice to counsel of record and the parties. In accordance with P.R.C.P. 1920.55 within ten (10) days after the mailing of this notice and report exceptions may be filed to the report by any party. If no exceptions are filed within the ten (10) day period, the Court shall receive the report, and if approved, shall enter a final decree in accordance with the recommendations cor,tained in the report. ~!L1~~ Date: 9/12/05 E. Robert Elicker, II Divorce Master NOTE: If exceptions are filed, file the original with the Prothonotary and a copy with the Master's office. At that time, the party filing the exceptions should notify the court reporter in the Master's office so arrangements can be made for a transcript. Upon completion of the transcript and receipt of payment, the entire file will be returned to the Prothonotary's office for transmittal to the Court at time of argument on the exceptions. If no exceptions are filed, counsel shall prepare an order of Court consistent with the recommendations and provide a proposed order of Court to the Master, Counsel shall also prepare and provide with the * proposed order of Court a praecipe* to the Prothonotary directing the Prothonotary to submit the case to the Court for final disposition. The Master will then transfer the file with the proposed order of Court and praecipe to the Prothonotary's Office for docketing and transmittal by the Prothonotary to the Court. Form available in the Prothonotary's office and the Master's office. (NOT the praecipe to transmit the record form as set out in P.R.C.P. 1920.73(b).) . , C) r-' c;, c .;~., <:;...1'1 1''' () -n .-1 F:~?2 r;". CT' , ~; ': (-) 1"11 01 r-...:; MARK A. CONKLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03 - 5022 CIVIL TARA A. CONKLIN, Defendant IN DIVORCE MASTER'S REPORT AND TRANSCRIPT OF PROCEEDINGS Proceedings held before E. Robert Elicker, II, Esquire, 9 North Hanover Street Carlisle, Pennsylvania, On September 2, 2005 APPEARANCES: Marcus A. McKnight, III Attorney for Plaintiff Tara A. Conklin Pro Se (did not appear) 1 INDEX TO WITNESSES FOR PLAINTIFF DIRECT CROSS REDIRECT RECROSS Mark A. Conklin 4 INDEX TO EXHIBITS FOR THE PLAINTIFF II1ARKE D ADMITTED 1 - 8/9/05 Fax to McKnight from Cindy Rodriguez 7 2 - 9/1/05 Letter and Attachments 9 3 - Supplemental memorandum for status check hearing 12 2 1 September 2, 2005 2 Carlisle, Pennsylvania 3 (The following proceedings were held at 9:05 a.m.) 4 THE MASTER: Today is friday September 2, 2005. 5 This is the date set for a hearing in the above-captioned 6 proceedings. Present in the hearing room are the Plaintiff, 7 Mark A. Conklin and his counsel, Marcus A. McKnight, III; the 8 Defendant, Tara A. Conklin, is not present. 9 We had a hearing scheduled for August 10, 2005, at 10 which time we placed a statement on the record. That 11 memorandum is incorporated into the report today and will be 12 attached thereto. Mrs. Conklin was notified of a hearing 13 scheduled today at the time that she was served with an 14 affidavit under Section 330l(d) of the Domestic Relations Code. 15 She was also provided a copy of the memorandum. 16 Mr. McKnight's client will offer testimony as to 17 the method of service and the date of service of the 330l(d) 18 affidavit and related documents. We will also have Mr. Conklin 19 testify about certain economic issues which he wishes to have 20 the Master consider in the final recommendations in this matter 21 with respect to the claim of equitable distribution. 22 Mr. Conklin filed a divorce complaint on December 23 22, 2003, raising grounds for divorce of irretrievable 24 breakdown of the marriage. On January 27, 2005, a Petition for 25 Economic Relief was filed by the Plaintiff raising claim of 3 equitable distribution and a claim for costs, expenses and counsel fees. Mr. Conklin is going to offer testimony with regard to those claims today. Following the testimony the Master will complete the record, and the statements by the Master, as well as the testimony of Mr. Conklin, will be submitted as a report in this matter so that the divorce can proceed to conclusion forthwith. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Would you swear Mr. Conklin. MARK A. CONKLIN, having been duly sworn, tes1eified as follows: EXAMINATION BY MR. MCKNIGHT: Q Mr. Conklin, this is the time and place for the Divorce Master's hearing in this case, would you state your full name for the record? Mark Anthony Conklin. What is your mailing address? 14 East Main Street, P.O. Box 18, Planfield, PA, A Q A 17081. Q A Q A What is your birth date? 1/14/76. Where are you employed? At the Cumberland County Prison as a Corrections 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Officer. Q After the previous hearing we had in this case you signed an amended divorce complaint alleging that you had been separated for 2 years, is that correct? A Yes. Q Do you recall the date of separation when you separated from your wife? A It was January 2 of 2003. Q You had that amended complaint filed and certified, you had a counter affidavit and also a hearing notice of this hearing and the memorandum that was issued by this office, all of those things were hand-delivered to Tara Conklin, is that correct? A Yes. THE MASTER: Excuse me, you didn't include an affidavit under 330l(d) so I gather? MR. MCKNIGHT: Yes, and a counter affidavit. BY MR. MCKNIGHT: Q How was it that you personally were able to see Tara served with this information? A I witnessed Carol Bisker handing the envelope to her. Q Carol Bisker has signed an Affidavit of Service that has been filed in this case, is that correct? A Yes. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q She was someone who accompanied you to the rail station, where was that? A In Harrisburg, Harrisburg train station. Q What were you doing at that time in addition to serving this paperwork to her? A I was bringing Cambriea and Hannah to her. Q Are those your children? A Those are my children. Q That was the time and place that you agreed to transfer custody of the children back to her? A It was originally here in Carlisle but things changed to Harrisburg, Q Is that because she refused to come to Carlisle? A Yes. Q And you saw her actually receive all those documents? A Yes. Q Have you spoken to her since then? A I have spoken to her once but nothing in regards to the divorce at all. Q But she is still alive and well as far as you know? A Yes, yes. Q With regard to the issues that need resolved today, first of all, you want a divorce, is that correct? A Yes. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q You discovered that Tara had basically forged your name on a series of checks, is that correct? A Yes. Q This is a copy of the checks that you had received copies of, is that correct? A Yes. Q Attached to that is the fact that you bounced your own check when you didn't have the funds that you expected to have, is that correct? A Yes. Q Where were these checks written on, where was your account located? A It was in Las Vegas, Nevada. Q What bank? A WestStar Credit Union. MR. MCKNIGHT: I will make a copy of this information an exhibit and we will submit it to the Divorce Master. THE MASTER: Mark that Plaintiff's Exhibit No.1. (Plaintiff's Exhibit No.1 marked for identification.) BY MR. MCKNIGHT: Q What is the total amount of the value of the checks that she forged? 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A It was roughly $3,800.00, Q You are seeking reimbursement of that amount from her, is that correct? A Yes. Q In addition to that there has been litigation out in Las Vegas, is that correct? A Yes. Q With a Needham Law Firm? A Yes. Q Has it come to your attention now that Tara has breached the agreement with that law firm and instead of receiving money, indeed, the property is about to be foreclosed on, is that correct? A Yes. Q And that the law firm has sent you deeds to sign to sign over title to the property involved in the litigation to the law firm, is that correct? A Yes. Q That you now have agreed to do? A Yes. Q I have a copy for you of the information that has been sent to you along with the deeds, is that correct? A Yes. Q And that is a letter dated August 24 with attachment, is that correct? 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q And then a letter dated September 1st from them urgently asking you to return the signed deeds, is that correct? A Yes. Q What you are seeking is a provision that says that Tara will indemnify you if there are any costs or obligations as a result of this litigation because of her bad conduct in dealing with this litigation and law firm, is that correct? A Yes. THE MASTER: Would you be more specific as to exactly what this bad conduct was that she engaged in that caused this matter to be pending? Just a brief summary of what occurred. (Plaintiff's Exhibit No.2 marked for identification.) BY MR. MCKNIGHT: Q Exhibit No. 2 is the correspondence we have just identified on the record, is that correct? A Yes. Q Isn't it true this litigation involved the improper sale to you of some real estate, is that correct? A Yes. Q And that this law firm was retained to sue the seller for damages, is that correct? 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A The seller for damages? I guess, yes, yes. Q As part of that Tara Conklin was living in the property, is that correct? A Yes. Q And she was supposed to turn the property over at the time of settlement of this lawsuit to the potential buyers in good condition, is that correct? A Yes. Q And what was the reality, what happened to the property? A She caused $45,000 worth of damage. Q And she had other people living there that weren't authorized to be there, is that correct? A Yes. Q And she also failed to pay the mortgage payments? A Yes, since February. Q So she hasn't paid mortgage payments since February, she had been living there without any obligations, and then failed to turn the property over in good condition, is that correct? A Yes. Q And in order to protect their extensive costs and legal fees, the law firm hired by your wife now seeks to obtain title to the property so they can fix it up, take care of the outstanding mortgage and resell the property, is that correct? 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q And you have signed those deeds this morning, is that correct? A Yes. Q And you will send those back to them? A Yes. Q You are seeking indemnification from Tara from any other liabilities and responsibility which came from the law firm or any other parties involved in this litigation, is that correct? A Yes. BY THE MASTER: Q What is the address of this property? A 4033 Hazelridge Drive, Las Vegas, Nevada, 89149. Q Did you ever live there? A I lived there originally when we first started. Q So she got the property or retained the property after you separated? A Yes -- well, we lived there, then we bought this house from another guy which buys houses, buys and sells houses, so we lived there and then I guess she ended up finding out he was fraudulent and she had to move back to that old house while I was out here. Q The old house is the house that we are talking about here? 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, yes. Q Actually, the fraud didn't really involve the old house where she is living, it is just that she didn't make the mortgage payment and she trashed the place? A Yes. Q It has nothing to do with any fraud claims against them? A No, no. Q It is just a mortgage foreclosure proceeding because of her failure to assume the legal obligations related to the "old house" where you two had lived together? A Yeah. BY MR. MCKNIGHT: Q I will show you a document that we will mark as Plaintiff's Exhibit No.3, and this involves the photographs and the documentation submitted by the law firm in Nevada showing that the property was damag'ed, trashed, and that they are seeking the immediate sale of the home, is that correct? A Yes. (Plaintiff's Exhibit No.3 marked for identification.) BY MR. MCKNIGHT: Q Finally, there was a list of personal property that your wife has repeatedly promised to return but has not 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 returned, can you identify those items for the record? A Can I read them down? Q Yes. A The things I haven't received: Grandmother's bible, Navy medals, Navy uniforms, Penn S-:ate jersey, Penn State jacket, pool stick, bowling ball and bag; I received the Navy Westpac book. Q So it is just seven items? A Yes. Q And you would like the final report to reflect that she is to return those things to you? MR. MCKNIGHT: Those are all the questions I have. THE MASTER: You said you had contact with your wife one time since the service of the document and that was not related to the divorce, was that related to children? THE WITNESS: Yes, I didn't talk to the children for like a week and a half and I was concerned about their well being, so I talked to her mom, still no response, and so I finally called the Las Vegas Police Department and had them do a welfare check on them to make sure they were all right. THE MASTER: Your attorney has indicated in an off-the-record discussion that you had instituted a custody action here in Cumberland County to deal with the issue of the children's welfare, correct? THE WITNESS: Uh-huh. 13 1 MR. MCKNIGHT: For the record, Cumberland County 2 has been the jurisdiction for litigation and custody of his 3 children. There is a previous order on file which says that 4 this county has jurisdiction of the custody matter. 5 THE MASTER: I was going through my mind about any 6 other matters. The claim for counsel fees, that has been 7 raised, do you want to withdraw that in view of the 8 circumstances? 9 MR. MCKNIGHT: In light of the circumstances, we 10 will withdraw our claim for counsel fees. It is also 11 understood, of course, that because of her failure to attend 12 any of these hearings that any claims raised by the wife have 13 been also waived. 14 THE MASTER: Off the record. 15 (Discussion held off the record.) 16 THE MASTER: Back on the record. An answer to the 17 divorce complaint and new matters were filed by a pleading on 18 October 24, 2003, on behalf of wife. In that "new matters" 19 part of the pleading she raised a claim on her own behalf for 20 equitable distribution, alimony, alimony pendente lite and 21 counsel fees and expenses. The Master had previously advised 22 wife during a telephone conference at the last scheduled 23 hearing in the Master's office in the presence of the Plaintiff 24 and his counsel that if wife did not appear the Master would 25 dismiss the claims that she has raised in the action as 14 1 enumerated above. Inasmuch as wife has not appeared today in 2 response to the notice for a hearing, her claims for equitable 3 distribution, alimony, alimony pendente lite, and counsel fees 4 and expenses are dismissed. 5 Off the record. 6 (Discussion held off the record.) 7 8 9 10 THE MASTER: After hearing the testimony of the Plaintiff and considering the documents presented as exhibits in the proceedings, the Master makes the following recommendations: RECOMMENDATIONS 1. Wife's claims for equitable distribution, alimony, alimony pendente lite, and counsel fees, costs and expenses are dismissed. 2. Inasmuch as the parties have been separated for a period in excess of 2 years since January 2, 2003, and an affidavit under 330l(d) having been served on the Defendant on August 10, 2005, the Plaintiff is entitled to a divorce on the grounds of irretrievable breakdown of the marriage. 15 3. Wife is directed to reimburse husband in the amount of $3,800.00 for checks which she forged on husband's account at WestStar Credit Union, P.O. Box 94138, Las Vegas, Nevada 89193-4138. 4. The parties' residence at 4023 Hazelwood Road, Las Vegas, Nevada, is being foreclosed upon due to wife's failure to make mortgage payments. The house has been extensively damaged by wife during her occupancy and a lawsuit has arisen therefrom as a result of wife's failure to make mortgage payments and because of the condition of the property. Husband is returning ownership of his interest in the property to Needham Law Firm to conclude hi:3 obligations with regard to the lawsuit and mortgage foreclosure. It is directed that wife will indemnify and hold husband ha:~mless as a result of any litigation or claims made against husband with respect to any lawsuits affecting the real estate. 4. Husband enumerated a number of items that he wishes to have returned to him from the home where he was living with his wife in Las Vegas. Those items are: Grandmother's bible, Navy medals, Navy uniforms, Penn State jersey, Penn State jacket, pool stick, bowling ball and bag. Wife is directed to return those items to husband forthwith. 16 The comments by the Master, the testimony and exhibits are all incorporated herein as part of the Master's report. Marcus A. McKnight, III Attorney for Plaintiff Mark A. Conklin, Plaintiff Tara A. Conklin, Defendant Pro Se (did not appear) Respectfully submitted, {j2lu:1f1JL-. E. Robert Elicker, II Divorce Master 17 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. o~ {! l~ patricia C. Barrett Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. kT~ (~{ ~~ Date ~~ E. Robert Elicker, II, Esquire Divorce Master 18 MARK A. CONKLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 5022 CIVIL TARA A. CONKLIN, Defendant IN DIVORCE THE MASTER: Today is Wednesday, August 10, 2005. This is the date set for a hearing in the above referenced divorce proceedings. Present in the hearing room are the Plaintiff, Mark A. Conklin and his counsel Marcus A. McKnight, III. The Defendant, Tara 1\. Conklin, has not appeared. We called a cell phone number for Mrs. Conklin. She advised that she is on a train and has no way to appear today. The Master indicated to Mrs. Conklin that it is not the Court's responsibility to see that she has transportation to the court proceedings. The Defendant is in Pennsylvania today and is traveling from Philadelphia to Harrisburg to pick up her children in a custody arrangement but indicated, as previously stated, that she is not able to get to Carlisle. Mrs. Conklin was notified of this date for a hearing after a telephone conference on June 3, 2005. She, therefore, had sufficient notice, in the Master's opinion, to make arrangements to be present a~ today's hearing. The Plaintiff raised a claim for equitable distribution and counsel fees. The Defendant raised claims 1 for equitable distribution, alimony and counsel fees. The parties were separated on January 3, 2003, a period in excess of two years. Mr. McKnight indicated that he is going to have the Defendant served with an affidavit under Section 330l(d) along with an amended complaint and a counter-affidavit. Following the service of the amended complaint and affidavit under Section 330l(d) and counter-affidavit, the matter wi:l be rescheduled following the 20-day waiting period at which time we can address circumstances that exist at that time regarding the status of the request for divorce under Section 330l(d) and the status of the claims for economic relief. Mr. McKnight has indicated that he does intend to put on the record a statement regarding a lawsuit in Nevada relating to the purchase of a house which has created a liability for the parties based on wife's failure to meet legal responsibilities dealing with the financial obligations arising out of the purchase. Mr. McKnight is requesting at that meeting when we convene that his client be indemnified against any claims that may be raised against the parties for wife's failure to fulfill the financial obligations relating to the house. l\lso, Mr. McKnight has provided information that the Defendant, wife, forged her husband's signature on a number of a checks which resulted in an unlawful taking of funds from husband's account in the 2 amount of $3,993.83. Mr. Conklin is at this time determining whether he intends to proceed with criminal charges against wife. In any event, he does maintain that he has a claim against wife for the amount of the forged checks. As noted we will reconvene on Friday, September 2, 2005, at 9:00 a.m. We are going to send a copy of this memorandum and notice to the Defendant so she is aware of the meeting with the parties and counsel on the 2nd of September and is advised that she has the opportunity to appear. If she does not appear, it is likely that her economic claims raised in the action will be dismissed. At the time of the conference/hearing on September 2, 2005, we will address the Plaintiff's claims. A copy of this memorandum will be sent to both parties and counsel for husband and this memorandum will serve as notice of the hearing on September 2, 2005, at 9:00 a.m. 3 Husband's address is 14 East Main Street, Box 18, Plainfield, Pennsylvania 17081; wife's address is 3708 Scuba Court, Apartment 1, Las Vegas, Nevada 89108. ~ E. Robert Elicker, II Divorce Master cc: Marcus A. McKnight, II, Attorney for Plaintiff Mark A. Conklin, Plaintiff Tara A. Conklin, Defendant 4 ...- ..- ...,., Cl ~i\ .-' -.' \-, \"".:;. _.-. " \,-" - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK A. CONKLIN Plaintiff vs. No. 5022 TARA A. CONKLIN Civil 20 03 Defendant It appearing that the Master's report in the above stated case has been filed for ten (10) days, that no exceptions have been filed thereto, that the costs have been fully paid and that all the requirements of law and Rules of Court have been met, you are hereby directed to submit the said case to the Court of Common Pleas of Cumberland County, Pennsylvania, at the next sitting thereof. TO: 4(.-~ (). -I Attorney for P MARCUS A. McKNIGHT, I I, ('_(trLt5 R ~ Prothonotary " DATED: q - ~-{fj- /7 ([[J,2,'? L J~ I, ( _ Lt = Ie<' , Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, do hereby certify that the costs in the above stated case, have all been paid, including the Master's fee. (~~~- - Pr6f11on tary 0 ....., 0 = ~,~. <", -n c.n en :1 r"'1 n1~ -0 N -0 . :nJ? ..0 ~~() ---,..1-,-\ :P'" .;-....n ~ ':--:)C~ 5rft =;! N ::0 w -< ." -,,",";:,,' ',' MARK A. CONKLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03 - 5022 CIVIL TARA A. CONKLIN, Defendant IN DIVORCE MASTER'S REPORT AND TRANSCRIPT OF PROCEEDINGS Proceedings held before E. Robert Elicker, II, Esquire, 9 North Hanover Street Carlisle, Pennsylvania, On September 2, 2005 APPEARANCES: t'-., C,:", C.J Cf-, TI , ----! ~ [T: N -:J , , -, C M :n '. I'...J .< Marcus A. McKnight, III Attorney for Plaintiff Tara A. Conklin Pro Se (did not appear) .. 1 INDEX TO WITNESSES FOR PLAINTIFF DIRECT CROSS REDIRECT RECROSS Mark A. Conklin 4 INDEX TO EXHIBITS FOR THE PLAINTIFF MARKED ADMITTED 1 - 8/9/05 Fax to McKnight from Cindy Rodriguez 7 2 - 9/1/05 Letter and Attachments 9 3 - Supplemental memorandum for status check hearing 12 2 1 September 2, 2005 2 Carlisle, Pennsylvania 3 (The following proceedings were held at 9:05 a.m.) 4 THE MASTER: Today is Friday September 2, 2005. 5 This is the date set for a hearing in the above-captioned 6 proceedings. Present in the hearing room are the Plaintiff, 7 Mark A. Conklin and his counsel, Marcus A. McKnight, III; the 8 Defendant, Tara A. Conklin, is not present. 9 We had a hearing scheduled for August 10, 2005, at 10 which time we placed a statement on the record. That 11 memorandum is incorporated into the report today and will be 12 attached thereto. Mrs. Conklin was notified of a hearing 13 scheduled today at the time that she was served with an 14 affidavit under Section 3301(d) of the Domestic Relations Code. 15 She was also provided a copy of the memorandum. 16 Mr. McKnight's client will offer testimony as to 17 the method of service and the date of service of the 3301(d) 18 affidavit and related documents. We will also have Mr. Conklin 19 testify about certain economic issues which he wishes to have 20 the Master consider in the final recommendations in this matter 21 with respect to the claim of equitable distribution. 22 Mr. Conklin filed a divorce comp~aint on December 23 22, 2003, raising grounds for divorce of irretrievable 24 breakdown of the marriage. On Jan-Jary 27, 2005, a Petition for 25 Economic Relief was filed by the Plaintiff raising claim of ~ 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 y equitable distribution and a claim for costs, expenses and counsel fees. Mr. Conklin is going to offer testimony with regard to those claims today. Following the testimony the Master will complete the record, and the statements by the Master, as well as the testimony of Mr. Conklin, will be submitted as a report in this matter so that the divorce can proceed to conclusion forthwith. Would you swear Mr. Conklin. MARK A. CONKI.IN, having been duly sworn, testified as follows: EXAMINATION BY MR. MCKNIGHT: Q Mr. Conklin, this is the time and place for the Divorce Master's hearing in this case, would you state yo~r full name for the record? Mark Anthony Conklin. What is your mailing address? 14 East Main Street, P.O. Box 18, Planfield, ?A, A Q A 17081. Q A Q A What is your birth date? 1/14/76. Where are you employed? At the Cumberland County Prison cs a Correc:ions 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Officer. Q After the previous hearing we had in this case you signed an amended divorce complaint alleging that you had been separated for 2 years, is that correct? A Yes. Q Do you recall the date of separation when you separated from your wife? A It was January 2 of 2003. Q You had that amended complaint filed and certified, you had a counter affidavit and also a hearing notice of this hearing and the memorandum that was issued by this office, all of those things were hand-delivered to Tara Conklin, is that correct? A Yes. THE MASTER: Excuse me, you didn't include an affidavit under 330l(d) so I gather? MR. MCKNIGHT: Yes, and a counter affidavit. BY MR. MCKNIGHT: Q How was it that you personally were able to see Tara served with this information? A I witnessed Carol Bisker handing the envelope to her. Q Carol Bisker has signed an Affidavit of Service that has been filed in this case, is that correct? A Yes. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ Q She was someone who accompanied you to the rail station, where was that? A In Harrisburg, Harrisburg train station. Q What were you doing at that time in addition to serving this paperwork to her? A I was bringing Cambriea and Hannah to her. Q Are those your children? A Those are my children. Q That was the time and place that you agreed to transfer custodY of the children back to her? A It was originally here in Carlisle but things changed to Harrisburg. Q Is that because she refused to come to Carlisle? A Yes. Q And you saw her actually receive all those documents? A Yes. Q Have you spoken to her since then? A I have spoken to her o~ce but nothing in regards to the divorce at all. Q But she is still alive and well as far as you know? A Yes, yes. Q With regard to the issues that need resolved today, first of all, you want a divorce, is that correct? A Yes. 6 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q You discovered that Tara had basically forged your name on a series of checks, is that correct? A Yes. Q This is a copy of the checks that you had received copies of, is that correct? A Yes. Q Attached to that is the fact that you bounced your own check when you didn't have the funds that you expected to have, is that correct? A Yes. Q Where were these checks written on, where was your account located? A It was in Las Vegas, NE~vada. Q What bank? A WestStar Credit Union. MR. MCKNIGHT: I will make a copy of this information an exhibit and we will submit it to the Divorce Master. THE MASTER: Mark that ?laintiff's Exhibit No.1. (Plaintiff's Exhibit No.1 marked for identification.) BY MR. MCKNIGHT: Q What is the total amount of the value of the checks that she forged? 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A It was roughly $3,800.00. Q You are seeking reimbursement of that amount from her, is that correct? A Yes. Q In addition to that there has been litigation out in Las Vegas, is that correct? A Yes. Q With a Needham Law Firm? A Yes. Q Has it come to your attention now that Tara has breached the agreement with that law firm and instead of recei ving money, indeed, the prope:rty is about to be foreclosed on, is that correct? A Yes. Q And that the law firm has sent you deeds to sign to sign over title to the property involved in the litigation to the law firm, is that correct? A Yes. Q That you now have agreed to do? A Yes. Q I have a copy for you of the information that has been sent to you along with the deeds, is that correct? A Yes. Q And that is a letter dated August 24 with attachment, is that correct? 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ A Yes. Q And then a letter dated September 1st from them urgently asking you to return the signed deeds, is that correct? A Yes. Q What you are seeking is a provision that says that Tara will indemnify you if there are any costs or obligations as a result of this litigation because of her bad conduct in dealing with this litigation and law firm, is that correct? A Yes. THE MASTER: Would you be more specific as to exactly what this bad conduct was that she engaged in that caused this matter to be pending? Just a brief summary of what occurred. (Plaintiff's Exhibit No. 2 marked for identification.) BY MR. MCKNIGHT: Q Exhibit No. 2 is the correspondence we have just identified on the record, is that correct? A Yes. Q Isn't it true this litigation involved the improper sale to you of some real estate, is that correct? A Yes. Q And that this law firm was retained to sue the seller for damages, is that correct? 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .. A The seller for damages? I guess, yes, yes. Q As part of that Tara Conklin was living in the property, is that correct? A Yes. Q And she was supposed to turn the property over at the time of settlement of this lawsuit to the potential buyers in good condition, is that correct? A Yes. Q And what was the reality, what happened to the property? A She caused $45,000 worth of damage. Q And she had other people living there that weren't authorized to be there, is that correct? A Yes. Q And she also failed to pay the mortgage payments? A Yes, since February. Q So she hasn't paid mort9age payments since February, she had been living there without any obligations, and then failed to turn the property over in good condition, is that correct? A Yes. Q And in order to protect their extensive costs and legal fees, the law firm hired by your wife now seeks to obtain title to the property so they can fix it up, take care of the outstanding mortgage and resell the property, is that correct? 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ A Yes, yes. Q Actually, the fraud didn't really involve the old house where she is living, it is just that she didn't make the mortgage payment and she trashed the place? A Yes. Q It has nothing to do with any fraud claims against them? A No, no. Q It is just a mortgage foreclosure proceeding because of her failure to assume the legal obligations related to the "old house" where you two had lived together? A Yeah. BY MR. MCKNIGHT: Q I will show you a document that we will mark as Plaintiff's Exhibit No.3, and this involves the photographs and the documentation submitted by the law firm in Nevada showing that the property was damaged, trashed, and that they are seeking the immediate sale of the home, is that correct? A Yes. (Plaintiff's Exhibit No.3 marked for identification.) BY MR. MCKNIGHT: Q Finally, there was a list of personal property that your wife has repeatedly promised to return but has not 12 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 returned, can you identify those items for the record? A Can I read them down? Q Yes. A The things I haven't received: Grandmother's bible, Navy medals, Navy uniforms, Penn State jersey, Penn State jacket, pool stick, bowling ball and bag; I received the Navy Westpac book. Q So it is just seven items? A Yes. Q And you would like the final report to reflect that she is to return those things to you? MR. MCKNIGHT: Those are all the questions I have. THE MASTER: You said you had contact with your wife one time since the service of the document and that was not related to the divorce, was that related to children? THE WITNESS: Yes, I didn't talk to the children for like a week and a half and I was concerned about their well being, so I talked to her mom, still no response, and so I finally called the Las Vegas Police Department and had them do a welfare check on them to make sure they were all right. THE MASTER: Your attorney has indicated in an off-the-record discussion that you had instituted a custody action here in Cumberland County to deal with the issue of the children's welfare, correct? THE WITNESS: Uh-huh. 13 1 MR. MCKNIGHT: For the record, Cumberland County 2 has been the jurisdiction for litigation and custody of his 3 children. There is a previous order on file which says that 4 this county has jurisdiction of the custody matter. 5 THE MASTER: I was going through my mind about any 6 other matters. The claim for counsel fees, that has been 7 raised, do you want to withdraw that in view of the 8 circumstances? 9 MR. MCKNIGHT: In light of the circumstances, we 10 will withdraw our claim for counsel fees. It is also 11 understood, of course, that because of her failure to attend 12 any of these hearings that any claims raised by the wife have 13 been also waived. 14 THE MASTER: Of f the record. 15 (Discussion held off the record.) 16 THE MASTER: Back on the record. An answer to the 17 divorce complaint and new matters ;,ere filed by a pleading on 18 October 24, 2003, on behalf of wife. In that "new matters" 19 part of the pleading she raised a claim on her own behalf for 20 equitable distribution, alimony, alimony pendente lite and 21 counsel fees and expenses. The Master had previously advised 22 wife during a telephone conference at the last scheduled 23 hearing in the Master's office in the presence of the Plaintiff 24 and his counsel that if wife did not appear the Master would 25 dismiss the claims that she has raised in the action as ~ 14 ~ 1 enumerated above. Inasmuch as wi:~e has not appeared today in 2 response to the notice for a hear:,ng, her claims for equitable 3 distribution, alimony, alimony pendente lite, and counsel fees 4 and expenses are dismissed. 5 Off the record. 6 (Discussion held off the record.) 7 8 9 10 THE MASTER: After hearing the testimony of the Plaintiff and considering the documents presented as exhibits in the proceedings, the Master makes the following recommendations: RECOMMENDATIONS 1. Wife's claims for equitable distribution, alimony, alimony pendente lite, and counsel fees, costs and expenses are dismissed. 2. Inasmuch as the parties have been separated for a period in excess of 2 years since January 2, 2003, and an affidavit under 3301(d) having been served on the Defendant on August 10, 2005, the Plaintiff is entitled to a divorce on the grounds of irretrievable breakdown of the mar~iage. 15 3. Wife is directed to reimburse husband in the amount of $3,800.00 for checks which she forged on husband's account at WestStar Credit Union, P.O. Box 94138, Las Vegas, Nevada 89193-4138. 4. The parties' residence at 4023 Hazelwood Road, Las Vegas, Nevada, is being foreclosed upon due to wife's failure to make mortgage payments. The house has been extensively damaged by wife during her occupancy and a lawsuit has arisen therefrom as a result of wife's failure to make mortgage payments and because of the condition of the property. Husband is returning ownership of his interest in the property to Needham Law Firm to conclude his obligations with regard to the lawsuit and mortgage foreclosure. It is directed that wife will indemnify and hold husband harmless as a result of any litigation or claims made against husband with respect to any lawsuits affecting the real estate. 4. Husband enumerated a number of items that he wishes to have returned to him from the home where he was living with his wife in Las Vegas. Those items are: Grandmother's bible, Navy medals, Navy uniforms, Penn State jersey, Penn State jacket, pool st~ck, bowling ball and bag. Wife is directed to return those items to husband forthwith. ~ 16 The comments by the Master, the testimony and exhibits are all incorporated herein as part of the Master's report. Marcus A. McKnight, III Attorney for Plaintiff Mark A. Conklin, Plaintiff Tara A. Conklin, Defendant Pro Se (did not appear) Respectfully submitted, ~~~ E. Robert Elicker, II Divorce Master 17 , CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. ()~ {> i!JMItdI patricia C. Barrett Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Aj(;;,..L I ~ ~ ( Date r;:~-Q E. Robert Elicker, II, Esquire Divorce Master ~r- 18 MARK A. CONKLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 5022 CIVIL TARA A. CONKLIN, Defendant IN DIVORCE THE MASTER: Today is Wednesday, August 10, 2005. This is the date set for a hearing in the above referenced divorce proceedings. Present in the hearing room are the Plaintiff, Mark A. Conklin and his counsel Marcus A. McKnight, III. The Defendant, Tara A. Conklin, has not appeared. We called a cell phone number for Mrs. Conklin. She advised that she is on a train and has no way to appear today. The Master indicated to Mrs. Conklin that it is not the Court's responsibility to see that she has transportation to the court proceedings. The Defendant is in Pennsylvania today and is traveling from Philadelphia to Harrisburg to pick up her children in a custody arrangement but indicated, as previously stated, that she is not able to get to Carlisle. Mrs. Conklin was notified of this date for a hearing after a telephone conference on June 3, 2005. She, therefore, had sufficient notice, in the Master's opinion, to make arrangements to be present at today's hearing. The Plaintiff raised a claim for equitable distribution and counsel fees. The Defendant raised claims 1 for equitable distribution, alimony and counsel fees. The parties were separated on January 3, 2003, a period in excess of two years. Mr. McKnight indicated that he is going to have the Defendant served with an affidavit under Section 3301(d) along with an amended complaint and a counter-affidavit. Following the service of the amended complaint and affidavit under Section 330l(d) and counter-affidavit, the matter will be rescheduled following the 20-day waiting period at which time we can address circumstances that exist at that time regarding the status of the request for divorce under Section 330l(d) and the status of the claims for economic relief. Mr. McKnight has indicated that he does intend to put on the record a statement regarding a lawsuit in Nevada relating to the purchase of a house which has created a liability for the parties based on wife's failure to meet legal responsibilities dealing with the financial obligations arising out of the purchase. Mr. McKnight is requesting at that meeting when we convene that his client be indemnified against any claims that may be raised against the parties for wife's failure to fulfill the financial obligations relating to the house. ;~lso, Mr. McKnight has provided information that the Defendant, wife, forged her husband's signature on a number of a checks which resulted in an unlawful taking of funds from husband's account in the 2 amount of $3,993.83. Mr. Conklin is at this time determining whether he intends to proceed with criminal charges against wife. In any event, he does maintain that he has a claim against wife for the amount of the forged checks. As noted we will reconvene on Friday, September 2, 2005, at 9:00 a.m. We are going to send a copy of this memorandum and notice to the Defendant so she is aware of the meeting with the parties and counsel on the 2nd of September and is advised that she has the opportunity to appear. If she does not appear, it is likely that her economic claims raised in the action will be dismissed. At the time of the conference/hearing on September 2, 2005, we will address the Plaintiff's claims. A copy of this memorandum will be sent to both parties and counsel for husband and this memorandum will serve as notice of the hearing on September 2, 2005, at 9:00 a.m. 3 Husband's address is 14 East Main Street, Box 18, Plainfield, Pennsylvania 17081; wife's address is 3708 Scuba Court, Apartment 1, Las Vegas, Nevada 89108. afA E. Robert Elicker, II Divorce Master cc: Marcus A. McKnight, II, Attorney for Plaintiff Mark A. Conklin, Plaintiff Tara A. Conklin, Defendant 4 j~ECEIVED SEP 232005 MARK A. CONKLIN, PIaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW TARA A. CONKLIN, Defendant : NO. 2003-5022 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this 3rt>- day of a (l~ ,2005, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: I. A Hearing is schedJlled in Court Room No. ^ ,of the Cumberland County Court House, on the lqa. day of ----k).D~ ,2005, at I '30 o'clock, L. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court dated May 4, 2004 and June 28, 2004 shall remain in full force and effect with the following modifications: 3. Father shall have physical custody of the children over the Christmas holiday from the day after school is recessed to January 1. The parties shall share the cost of transportation. 4. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, / / \ >- r- Q( <::;) r' "- ,- cr-.. ::z: LU ~.~~\ ~E-~ .l ~~J"'"' ~".) ~..::: , " r5 6 ..:j' LJ..1 -' Ci: tlJ ~- :r: <..;> I- <::;) -, l1.. '-"" ., 0 = ---., = G """ cc: Marcus A. McKnight, III, Esquire, counsel for Father Grace D' Ala, Esquire, Mid Penn Legal Services, counsel for Mother MARK A. CONKLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW TARA A. CONKLIN, Defendant : NO. 2003-5022 CIVIL TERM : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE I9I5.3-8, 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Cambriea Nicole Conklin Hannah Elizabeth Conklin February 2, I998 August 31, I999 Mother Mother 2. A Conciliation Conference was held September 22, 2005 with the following individuals in attendance: The Father, Mark A. Conklin, with his counsel, Marcus A. McKnight, III, Esquire, and the Mother, Tara A. Conklin, by telephone, with her counsel, Grace D' Alo, Esquire, Mid Penn Legal Services. 3. The Court previously entered Orders of Court May 24,2004 and June 28, 2004 providing for shared legal custody, Mother having primary physical custody and Father having 5 weeks in the summer, and 5 days over Christmas. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody with Mother having six weeks in the summer and time over Christmas. Father maintains that he has a more stable home, that the children's maternal grandmother has care of the children more than Mother. He also asserts that Mother was evicted from her home and trashed it prior to leaving. 5. Mother's position on custody is as follows: Mother seeks the status quo of shared legal custody and primary physical custody with Father having the time in the summer and over Christmas. She alleges that Father only exercised 2 weeks of custody this summer and did not visit over Christmas. Mother further maintains that she has been the primary caregiver ofthe children all oftheir lives. She is attending school currently and working two part time jobs thus admitting that the maternal grandmother baby sits the children. The children have extended family in Las Vegas and that they attend school there and are doing welL 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody with Father having periods of partial physical custody for 5 weeks in the summer and time over Christmas. It is expected that the Hearing will require one day. q-J..3-0~ Date l( tlL ~ RECEIVED m 2 9 ~ MARK A. CONKLIN, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2003-5022 CIVIL TERM TARA A. CONKLIN, Defendant IN DIVORCE ORDER OF COURT AND NOW, this \( day of rl. j J 2005, upon consideration of the Master's Report and Recommendations ofE. R~ivorce Master, filed on September 12, 2005, the period for filing exceptions to the Master's Report and Recommendations having expired without any exceptions being filed, it is hereby ORDERED and DIRECTED as follows: I. The claims raised by the Defendant for equitable distribution, alimony, alimony pendente lite, counsel fees, costs and expenses are hereby dismissed. 2. The Plaintiff is entitled to a divorce pursuant to 330I(d) of the Divorce Code, having been separated from Defendant since January 2,2003, a period in excess of two (2) years. 3. The Plaintiff is awarded a judgment in the amount of $3,800.00 against Defendant for forged checks on Plaintiffs account at WestStar Credit Union in Las Vegas, Nevada. 4. The Defendant will hold Plaintiff harmless and indemnify him from all costs, legal fees, expenses and judgments related to the foreclosure of real estate 4023 Hazelwood Road, Las Vegas, Nevada. 5. The Defendant is directed to return the following items to Plaintiff: Grandmother's Bible, Navy Medals, Navy uniforms, Penn State jersey, Penn State jacket, pool stick, and bowling ball and bag. By the .S;o1lrt: / Judge cc: kus A. McKnight, III, Esq. Attorney for Plaintiff ~ ~a A. Conklin, Defendant 3708 Scuba Ct., Apt. I Las Vegas, Nevada 89108 1()~/<[~{)5 ",; [GiJ5 OCT 1"/ PH I,: 1'/ ?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~ ~ ~ + ~ ~ ~ ~ ~ ~ + ~ ~ ~ + + ~ + + + + + ~ + ~ + ~ ~ ~ ~ + ~ + ~ ~ ~ +. +. +. + +. + +. + ''I' + IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY MARK A. CONKLIN PENNA. STATE OF No. ....)003 .~- 5022 PLAINTIFF VERSUS TARA A. CONKLIN DEFENDANT DECREE IN DIVORCE (~~..~ - ~o...) , IT IS ORDERED AND + AND NOW, DECREED THAT MARK A. CONKLIN , PLAI NTI FF, AND TARA A. CONKLIN , 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; NONE I/' --j../ // / /' J / / ~ / AmST~. - / PROTHONOTARY J. j.J? "t ~ ~{t.. 50 5r-;J! ~;lYvll ~ 1- /~ Waf ,f"i} 5O~.,-(JG' . f'" . 'I"'" MARK A. CONKLIN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TARA A. CONKLIN, DEFENDANT 03-5022 CIVIL. TERM ORDER OF COURT AND NOW, this lC\. day of December, 2005, this matter having been called for a hearing, and the parties having reached an agreement, IT IS ORDERED: (1) The temporary order entered on October 3,2005, following conciliation, IS VACATED. (2) The prior custody orders of May 4, 2004 and June 28, 2004 shall remain in full force and effect with the following modifications: (a) The father shall have temporary physical custody of Cambriea and Hannah in Pennsylvania during each Christmas vacation period for seven days to be set by the parents with costs of transportation shared. (b) During the summer of 2006, the father shall have Cambriea and Hannah for a continuous six week period in Pennsylvania, the dates to be set by the parents with costs of transportation shared. (c) Conditioned upon the father exercising the full six weeks in the summer of 2006, his summer period of temporary physical custody in the years thereafter shall increase from six weeks to eight weeks, the dates to be set by the parents with the costs of transportation shared, ~ By the Court, I- i ~arcus A. McKnight, III, Esquire For Plaintiff v€3race D'Alo, Esquire For Defendant :sal >-. 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