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HomeMy WebLinkAbout08-5937[ 6 UPPER ALLEN TOWNSHIP, IN THE COURT COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Claimant V. NO. - S?-9 3 M l--a John Costea Defendant MUNICIPAL LIEN MUNICIPAL LIEN FOR SEWER/WATER RATES NOW COMES Upper Allen Township, Cumberland County, Pennsylvania, by its Acting Township Manager, Bob Livingston, and files the within claim for charges assessed with respect to sewer and/or water rates against above named owner or owners and against the hereinafter described real estate as follows: STATEMENT OF CLAIM 1. This claim is filed by UPPER ALLEN TOWNSHIP, a first class township organized and existing in accordance with the laws of the Commonwealth of Pennsylvania. 2. The owner or reputed owner of the property, or party or parties responsible or liable, for which this claim is filed is the Defendant (s). 3. The authority under which the sewer and/or water rates were charged and assessed is the Act of July 18, 1935, P.L. 1286. Section 1, 53 P.S. § 2231, as amended. • 4. The authority under which this claim is filed is the Act of May 16, 1923, P.L. 207, Section 9, et se . 53 P.S. §7143, as amended. 5. A description of the property against which this claim is filed is: 301 Cockleys Drive Upper Allen Township Cumberland County Mechanicsburg, Pennsylvania 17055 Tax parcel Number: 42-31-2151-024 6. This claim has not been the subject of any previous claim and judgment in the Court of Common Pleas of Cumberland County for sewer/water charges. 7. The total amount of the charges for which this claim is filed is Four Hundred, Eighty Three and 85/00 dollars ($483.85) plus costs. 8. The time period for which these charges are filed is July 2007 to June 2008. WHEREFORE, Claimant requests that a Municipal Lien be entered in its favor and against the Defendant in the amount of Four Hundred, Eighty Three and 85/00 dollars ($483.85) plus costs. Dated: September 30, 2008 UPPER By: Robert O. Livifigstox Acting Township Manages Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 (717) 766-0756 J 4 . y era a? -` r; cn CO +,? Z eTj UPPER ALLEN TOWNS}ITP I In The Court of Common Pleas of vs. Upper Allen Townshi Plaintiff Defendant Cumberland County, Pennsylvania Judgmcni in favor of Plaintiff on for s V3. R5 .- No. n n - 593 / CIVIL Tenn Plaintiff in the above Judgment. do appear and acknowledge that ??- lY) ' ?(?1J0 this day have had and received and from the defendant in the above Judgment, full paytrtcni and satisfaction of the same, with interest and costs, and desired that satisfaction thexcfare shall be entered upon the records thereof. And funhei, we do hereby authorize and empower ^ Curtis R Long _ the Prothonotary of said Court, to appear for us and in _( ll s name and stead to cnta full satisfaction upon the record of said Judgment, as fully and effectually, to all intents and purposes, as i f 1 could were WP personally present in person to do so. And for so doing this shall be your sufficient -an-ant of authority. In testimony whereof, we have hcrcunlo set our hands and seals this day of I'A rV%A.D. 20 08 Stale of IfnnrYlvanla ) County of Cumberland,) (Seal) (Scat) - -- ------- - (Seal) Personally appeared before me.ihcsubscribcr, Upper Allen Township-Amber N. Jacobs the Plaintiff in the above Judgment. and in due form of law acknowledged the within and foregoing Powct of Anomcy to sansfy the Judgrncm set forth, to be t h e act and decd, and desired that the same shall be filed of record in the office of the Prothonotary of the Court of Common Pleas of said County, ???/ In testimony whereof, 1 have hereunto set my hand and seal this day of /lJl1l _ • D 2009 -- (seal) --- Iscal) -- ---- NOTARIAL SEAC----- -_- SHARON L. SHIPMAN, NOTARY PUBLIC UPPER ALLEN TWP, CUMBERLAND CO. MY COMMISSION EXPIRES APRIL 30 2010 r c ?? clt } co CRAIG E. STARNER, Petitioner V. LORETTA M. MOORE, Respondent AND NOW, this (lk IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 7 3 CIVIL ACTION - LAW CUSTODY / VISITATION PETITION FOR CUSTODY day of -•? , 2009, comes the Petitioner, CRAIG E. STARNER, by and through his attorneys, the Law Offices of BATURIN & BATURIN, and files this Petition for Custody and respectfully represents as follows: 1. The Petitioner is, CRAIG E. STARNER, an adult individual, sui juris, who currently resides at 921 Gettysburg Pike, Apt. E, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is LORETTA M. MOORE, an adult individual, sui juris, who currently resides at 1550 Williams Grove Road, 9144, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Petitioner and Respondent were never married. 4. The Petitioner and Respondent are the Natural Parents of two (2) children as follows: CYLE STARNER-MOORE,fourteen (14) years old, born November 3, 1994, and COLE STARNER-MOORE, five (5)years old, born February 4, 2003. Said children are the subject of this Custody Petition. 5. The aforementioned children are presently in the physical custody of their Natural mother, the Respondent herein, and she resides at 1550 Williams Grove Road, #144, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 6. The parties hereto, intending to be legally bound hereby, covenant and agree that the Natural Father and Natural Mother shall have shared legal custody of the parties' children as hereinbefore mentioned. The parties agree that the Natural Father shall have partial physical custody of Cole Starner-Moore on weekends at the time frames as set forth in the prior Custody Order and shared physical custody of Cyle Starner-Moore and Natural Mother shall have primary physical custody of Cole Starner-Moore as hereinbefore mentioned in said prior Custody Order, and the Natural Mother, Respondent herein, shall have shared physical custody of Cyle Starner-Moore as set forth as below: a) Natural Father/Petitioner shall have Cyle Starner-Moore during the school week; b) Natural Mother/Respondent shall have Cyle Starner-Moore weekends as agreed upon by the parties, at a time agreed upon by the parties. C) In the event that Cyle Starner-Moore would decide at any time that he would like to stay overnight with his Natural Mother/Respondent, Natural Father/Petitioner agrees to allow Cyle Starner-Moore do so. d) At all times that either party has physical custody of said child, Cyle Starner-Moore, the parties, to the best of their ability, shall shield and protect the child from any third party's use of alcohol; and e) At all times that either party has physical custody of said child, Cyle Starner-Moore the parties, to the best of their ability, shall refrain from making derogatory remarks in front of the child. f) Additional terms shall be included as per the attached letter from Irwin and McKnight Law Offices, if attached and applicable. 7. Neither Petitioner nor Respondent have participated as a party or witness, or in another capacity, in other litigation concerning the custody of said children. 8. Petitioner has no information of a custody proceeding concerning the said children pending in a court of this Commonwealth. 9. The best interest and permanent welfare of the said child, Cyle Starner-Moore will be served by granting the relief requested because: a) The Petitioner is well able to adequately provide for the continuing health, educational needs and general welfare of the said children; b) The Petitioner is well able to adequately provide the said child with a proper and wholesome environment, physically, emotionally, psychologically and socially, within which to live; and c) It is the best interest of the said child, Cyle Starner-Moore generally that primary physical and shared legal custody be granted to the Natural Father, CRAIG E. STARNER, Petitioner herein. 10. The Petitioner knows of no other person or party to the within proceeding who has physical custody of said children or who claims to have custody or visitation rights with respect to them. 11. This Order of Court is entered pursuant to an agreement of the parties hereto. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the terms of this Order of Court shall control. 12. It is the intent of the parties hereto to become and remain legally bound by the mutual promises and covenants herein contained. 13. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 14. It is further understood that this Stipulation is to go into effect immediately. 15. This Stipulation is entered into pursuant to the mutual understanding and agreement of the parties hereto and it is the intent of both to become and remain legally bound by the mutual promises and covenants herein contained. 16. The parties hereto declare that each of them fully understands the covenants and provisions contained in this Agreement. The parties acknowledge having the opportunity to receive counsel and advice from an attorney of his or her choice regarding all of his or her legal rights, duties, obligations and liabilities in connection with, or resulting from, this Agreement. Each party has executed this Agreement freely and voluntarily. 17. A Stipulation to the above Petition for Custody is signed by the parties hereto and is attached to this Petition for Custody. 18. This Stipulation shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Stipulation. The failure of either party to insist upon strict performance of any of the provisions of this Stipulation shall not be construed as a waiver of any subsequent default of the same or similar nature. 19. It is understood that this Stipulation is to be entered of record in the Office of the Prothonotary of Cumberland County, Pennsylvania, along with the attached Order of Court. WHEREFORE, the Petitioner, CRAIG E. STARNER, respectfully requests that this Honorable Court enter the Stipulation as an Order of Court. Respectfully submitted, BATURIN & BATURIN By: Harry M. Ba n, Esquire Attorney ID #83006 2604 North Second Street Harrisburg, PA 17110 (717) 234-2427 Dated: ,4° Attorney for Petitioner VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS PETITION ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: (SEAL) G .STARKER atural Father/Petitioner CRAIG E. STARNER, Petitioner V. LORETTA M. MOORE, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. CIVIL ACTION - LAW CUSTODY / VISITATION STIPULATION FOR CUSTODY AND NOW, this al"- day of_, 2009, comes the Petitioner, CRAIG E. STARNER, and Respondent, LORETTA M. MOORE, and each agree to the following Stipulation for Custody: 1. The Petitioner is, CRAIG E. STARNER, an adult individual, sui juris, who currently resides at 921 Gettysburg Pike, Apt. E, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is LORETTA M. MOORE, an adult individual, sui juris, who currently resides at 1550 Williams Grove Road, #144, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Petitioner and Respondent were never married. 4. The Petitioner and Respondent are the Natural Parents of two (2) children as follows: CYLE STARNER-MOORE,fourteen (14) years old, born November 3, 1994, and COLE STARNER-MOORE, five (5)years old, born February 4, 2003. Said children are the subject of this Custody Petition. 5. The aforementioned children are presently in the physical custody of their Natural mother, the Respondent herein, and she resides at 1550 Williams Grove Road, #144, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 6. The parties hereto, intending to be legally bound hereby, covenant and agree that the Natural Father and Natural Mother shall have shared legal custody of the parties' children as hereinbefore mentioned. The parties agree that the Natural Father shall have partial physical custody of Cole Starner-Moore on weekends at the time frames as set forth in the prior Custody Order and shared physical custody of Cyle Starner-Moore and Natural Mother shall have primary physical custody of Cole Starner-Moore as hereinbefore mentioned in said prior Custody Order, and the Natural Mother, Respondent herein, shall have shared physical !custody of Cyle Starner-Moore as set forth as below: a) Natural Father/Petitioner shall have Cyle Starner-Moore during the school week; b) Natural Mother/Respondent shall have Cyle Starner-Moore weekO: nds as agreed upon by the parties, at a time agreed upon by the parties. C) In the event that Cyle Starner-Moore would decide at any time th*t he would like to stay overnight with his Natural Mother/Respondent4 Natural Father/Petitioner agrees to allow Cyle Starner-Moore do so. d) At all times that either party has physical custody of said child, Cyle Starner-Moore, the parties, to the best of their ability, shall shield'! and protect the child from any third party's use of alcohol; and e) At all times that either party has physical custody of said child, Cyle Starner-Moore the parties, to the best of their ability, shall refrain from making derogatory remarks in front of the child. f) Additional terms shall be included as per the attached letter from Irwin and McKnight Law Offices, if attached and applicable. 7. Neither Petitioner nor Respondent have participated as a party or witness, or in another capacity, in other litigation concerning the custody of said children. 8. Petitioner has no information of a custody proceeding concerning the said children pending in a court of this Commonwealth. 9. The best interest and permanent welfare of the said child, Cyle Starner-Moore will be served by granting the relief requested because: a) The Petitioner is well able to adequately provide for the continuikig health, educational needs and general welfare of the said children; b) The Petitioner is well able to adequately provide the said child with a proper and wholesome environment, physically, emotionally, psychologically and socially, within which to live; and c) It is the best interest of the said child, Cyle Starner-Moore generally that primary physical and shared legal custody be granted to the Natural Father, CRAIG E. STARNER, Petitioner herein. 10. The Petitioner knows of no other person or party to the within proceeding who has physical custody of said children or who claims to have custody or visitation rights with respect to them. 11. This Order of Court is entered pursuant to an agreement of the parties hereto. The parties may modify the provisions of this Order by mutual agreement. In the abs6ce of mutual agreement, the terms of this Order of Court shall control. 12. It is the intent of the parties hereto to become and remain legally bound by the mutual promises and covenants herein contained. 13. This Agreement shall be construed under the laws of the Commonweal' h of Pennsylvania. 14. It is further understood that this Stipulation is to go into effect immediately. 15. This Stipulation is entered into pursuant to the mutual understanding and agreement of the parties hereto and it is the intent of both to become and remain legall$ bound by the mutual promises and covenants herein contained. 16. The parties hereto declare that each of them fully understands the covenants and provisions contained in this Agreement. The parties acknowledge having the opportunity to receive counsel and advice from an attorney of his or her choice regarding all of his or her legal rights, duties, obligations and liabilities in connection with, or resulting from, this Agreement. Each party has executed this Agreement freely and voluntarily. 17. A Stipulation to the above Petition for Custody is signed by the parties hereto and is attached to this Petition for Custody. 18. This Stipulation shall remain in full force and effect unless and until tenrn?nated S under and pursuant to the terms of this Stipulation. The failure of either parry to insist upon strict performance of any of the provisions of this Stipulation shall not be construed as a whl ver of any subsequent default of the same or similar nature. 19. It is understood that this Stipulation is to be entered of record in the Office of the Prothonotary of Cumberland County, Pennsylvania, along with the attached Order of Court. IN WITNESS WHEREOF, the Petitioner and Respondent have set their respective hands and seals the day and year first above written. SIGNED W-TIJE PRESENCE OF: =- 20"C (SEAL) 0 (SEAL) TTA M. LAW OFFICES IRON & McKNIGHT, P. C. WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET HAROLD S. IA WIN (1925-1977) ROGER B. IRWIN CARLISLE, PENNSYLVANIA 17013-3222 HAROLD S. IRWIN, JR. (1954-1986) MARCUS A. McKNIGHT, III IRWIN, IRWIN!& IRWIN (1956-1986) DOUGLAS G. MILLER (717) 249-2353 IRWIN, IRWINj& McKNIGHT (1986-1994) STEPHEN L. BLOOM FAX (717) 249-6354 IRWIN, McKNIIGHT & HUGHES (1994-2003) MATTHEW A. McKNIGHT WWW.IRWINMCKNIGH r. COM IRWIN & Mc IGHT (2003-2008) January 16, 2009 VIA FACSIMILE 234 7544 & REGULAR MAIL HARRY M. BAT URIN, ESQUIRE C(DPY BATURIN & BATURIN 2604 NORTH SECOND STREET HARRISBURG, PA 17110 RE: LORETTA M. MOORE & CRAIG E. STARNER IN CUSTODY 2008-5973 Dear Mr. Baturin: I met this evening with my client, Loretta M. Moore. It appears that the parties have. agreed to the following: 1. That the parties will have joint physical custody of Cyle Starner-Moor and Loretta will maintain primary physical custody of Cole Starner-Moore.; 2. Cyle will attend school at Mechanicsburg School District. 3. The following are the financial considerations: a. Craig Starner will pay off Loretta's car loan in the amount of approximately $6,000.00 within the next week. b. If he pays off the car loan, Loretta will drop the child support action provided that Craig Starner pays one/half (%2) of the day care expense or $50.90 per week. The monthly payment would be $183.00 per month. c. For the 2008 tax year Loretta will be entitled to use Cyle and Cole a$ income tax exemptions. Beginning in 2009 Craig Starner will be able to use, Cyle as an income tax exemption provided Cyle continues to reside with Mrs Starner. Loretta would continue to use Cole as an income tax exemption in 2009. Harry M. Baturin, Esquire Re: More v Starner January 16, 2009 Page 2 I understand that you are preparing a custody stipulation for the parties to sign which includes the above. It can be submitted to Dawn Sunday to be made into a Court Omer. Please call me if you have any questions. MAM:clc n cc: Ms. Lo?kta M. Moore i? oq Very truly yours, f^-j >. J :') 1 ` ,? 7? t"*._ '7" i.=..;i t 't'1 .'r3 P•? `? ? f' t., ? )?? w.? ...?+'