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HomeMy WebLinkAbout05-2767LOWER ALLEN TOWNSHIP AUTHORITY 120 Limekiln Road New Cumberland, PA 17070 V. KAREN GALLAGHER. 5401-03 Oxford Drive Mechanicsburg, PA 17055 Registered Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW No. 2005- 27L7 MUD MUNICIPAL LIEN DOCKET MUNICIPAL CLAIM FOR SEWER RENTS LOWER ALLEN TOWNSHIP AUTHORITY, a municipal authority of Lower Allen Township, Cumberland County, Pennsylvania, with its principal office at 120 Limekiln Road, New Cumberland, Pennsylvania, hereby files its claim for $231.24 against Karen Gallagher, Registered Owner, and against ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, known as 5401-03 Oxford Drive, Mechanisburg, PA, 17055, and more particularly bounded and described in Cumberland County Deed Book 00260, Page 03649, et sue. Date Rate/Charge Penal Total 01/01/04 03/01/04 $2.40 $ 2.40 04/01/04 06/01/04 $24.00 2.40 $ 26.40 07/01/04 09/01/04 $24.00 2.40 $ 26.40 10/01/04 12/01/04 $24.00 2.40 $ 26.40 01/01/05 03/01/05 $24.00 $ 2.40 $ 26.40 2005 Feb.-Special Penalty $ 0.24 LIEN FEE TOTAL $ 0.24 $ 123.00 $ 231.24 328276-! The above services were provided by Lower Allen Township Authority in strict accordance with Resolution 2004-A-20 adopted December 2, 2004 and preceding Resolutions 81-A-3, 82-A-3, 83-A-1, 96-A-10 and 99-A-19. This lien is filed in strict compliance with said Resolutions, and the Municipal Claims Act of 1923, May 16, P.L. 207, as amended, 53 P.S. §7101, et seq. Dated: May ) 2005 Respectfully submitted, METZGER WICKERSHAM KNAUSS & ER13 By: Steve . Miner, Esquire Solicitors for Lower Allen Township Authority P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 328276-/ COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN STEVEN P. MINER, being duly sworn according to law, deposes and says that he the Solicitor for Lower Allen Township Authority, and that the facts set forth in the foregoing Municipal Claim for Sewer Rents are true and correct to the best of his knowledge, information and belief. Steven P /Miner, Esquire Sworn to and subscribed before me, this day of 2005. Notary Public 328276-1 LOWER ALLEN TOWNSHIP AUTHORITY 120 Limekiln Road New Cumberland, PA 17070 V. KAREN GALLAGHER 5401-03 Oxford Drive Mechanicsburg, PA 17055 Registered Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW No. 2005- MLD MUNICIPAL LIEN DOCKET CERTIFICATE OF SERVICE AND NOW, this jr day of May, 2005, I, Steven P. Miner, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for the Lower Allen Township Authority, hereby certify that I served a copy of the within Municipal Claim for Sewer Rents this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: KAREN GALLAGHER 5401-03 Oxford Drive Mechanicsburg, PA 17055 A- Steven P. er, Esquire 328276-/ -K) D -+4 V? i f`J .G CJ AMY M. EWING, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-2767 CIVIL ACTION LAW DANIEL R. ICKES, Defendant IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW, comes Petitioner/Plaintiff, Amy M. Ewing, and files the within Petition, and hereby states as follows: 1. Petitioner is Amy M. Ewing (hereinafter "Mother"), natural mother of the two minor children, Daniel G. Ickes (D.O.B. 10/24/99) and Cheyenne S. Ickes (D.O.B. 02113/95) (hereinafter collectively referred to as the "Minor Children"). Petitioner currently resides at 1499 York Road, Carlisle, Cumberland County, PA 17013. 2. Respondent/Defendant, Daniel R. Ickes (hereinafter "Father") natural father of the children, currently resides at 21 Kline Hollow Road, Liverpool, Perry County, PA. 3. On or about September 28, 2004, with the assistance of Custody Conciliator, Dawn S. Sunday, Esquire, the parties reached an agreement regarding the custody of the Minor Children. Said agreement was approved by this Honorable Court by Order dated October 6, 2004 (hereinafter "current Order"). A true and correct copy of the current Order is attached hereto as Exhibit "A". 4. The current Order provides, inter alia, that Mother shall have primary physical custody of the Minor Children. Father shall have partial physical custody of the children on alternating weekends from Saturday at 9:00 a.m. through Sunday at 5:00 p.m., and every 337681-1 Wednesday and Thursday from after school until 7:30 p.m. See paragraph 4 of Exhibit "A", attached hereto and incorporated herein by reference as if set forth in full. 5. Since the entry of the current Order, there have been significant changes in the custodial circumstances in that: (a) On October 6, 2004, date of entry of current Order, Father resided at 316 Fourth Street, West Fairview, Cumberland County, PA. (b) On or about September 13, 2005, Father relocated his primary residence to 21 Kline Road, Liverpool, Perry County, PA. Father's new residence is 32 miles north of his previous residence. (c) Father's new residence is 50 miles and 11/s hours, each way, from the residence of the Minor Children and Mother. (d) The lives of the Minor Children are negatively impacted due to the distance between parental residences. Specifically, the three hour roundtrip weeknight/school night visitations are negatively affecting the Minor Children's routine in the following areas: (1) When picked up at 7:30 p.m. as directed in the current Order, the children arrive at their home at approximately 9:00 p.m.; (2) The Minor Children must stay up late and lose sleep, to maintain their basic nightly bedtime routine; (3) Extra-curricular activities of the Minor Children have been a point of contention during Father's scheduled visitation. As a result, the Minor Children are often unable to attend/participate in said activities. 337681.1 (e) The parties minor son wishes to participate in Karate which would require him to attend weekly practices held every Tuesday and Thursday at 5:30 p.m. Father is currently refusing to allow the minor son to participate in Karate. (f) The parties' minor daughter was unable to participate in cheerleading due to Father's refusal to allow required participation during his visitation. 6. With the best interests of the Minor Children in mind, Mother has made numerous attempts to resolve the current visitation conflicts with father. 7. Father initially agreed to a change in the visitation schedule, as confirmed in writing by Mother. See Exhibit "B". 8. Father has rescinded his agreement to the schedule change and has stated that Mother "should have thought of this before you left me with my kids". 9. Although Father refuses to alter the visitation scheduled based upon the best interests of the children, Father routinely alters visitation based upon his convenience. Specifically, (a) During the 2004 hunting season, Father choose not to exercise any visitation whatsoever; (b) Father routinely fails to comply with his scheduled 9:00 a.m. pickup time on alternating Saturdays for various reasons; (c) Father failed to notify Mother of his choice to forfeit scheduled Memorial Day visitation with the Minor Children. Consequently,, the Minor Children were greatly disappointed when their Father failed to arrive as expected, for their scheduled holiday visitation; 337681-1 (d) Father routinely fails and/or flatly refuses to comply with agreed upon visitation dates and times. 10. In direct violation of paragraph 8 of the current Order, father continuously expresses negative opinions to the Minor Children regarding their Mother. Mother believes and therefore avers that fathers constant negative comments are adversely affecting the natural love and respect the Minor Children bestow upon their Mother. 11. On a regular basis, Father actively attempts to persuade the Minor Children to live with Father. 12. In consideration of the best interests of the children, Mother respectfully requests this Honorable Court enter an Order modifying paragraph 4 of the current Order as follows: (a) During the school year Father's weekday visitation occur every other Friday, commencing after school until 9:00 p.m. During Summer vacation, visitation to occur every Tuesday, commencing after daycare until 7:30 p.m. and every other Friday, commencing after daycare until 9:00 p.m. (b) In an attempt to compensate for one less weekday, Father's alternating weekend visits commence Friday after school through Sunday at 5:00 p.m. 337681-1 WHEREFORE, Plaintiff Mother, Amy M. Ewing respectfully requests this Honorable Court enter an Order modifying paragraph 4 of the current Order to reflect 12(a) and 12(b) above. Respectfully submitted, Amy NJ. wing, Pro 1499 'York Road Carlisle, PA 17013 (717) 238-8187 337681-1 VERIFICATION I, Amy M. Ewing, verify that the statements made in the foregoing Petition to Modify Custody Order are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Amy M. Dated: 4,1(o 337681-1 CERTIFICATE OF SERVICE I, Amy M. Ewing, hereby certify that I served a true and exact copy of the Petition to Modify Custody Order with reference to the foregoing action by first class mail, postage prepaid, this 0 day of October , 2005, on the following: Daniel R. Ickes 21 Kline Hollow Road Liverpool, PA 17045 Linda A. Clotfelter, Esquire 5021 Trindle Road Mechanicsburg, PA 17055 Counsel for Defendant 337681-1 OCT U 4 2004 AMY M. EWING IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 04-2767 CIVIL ACTION LAW DANIEL R. ICKES Defendant IN CUSTODY ORDER OF COURT AND NOW, this /Q4 day of , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 7, 2004, is vacated and replaced with this Order. 2. The Mother, Amy M. Ewing, and the Father, Daniel R. Ickes, shall have shared legal custody of Daniel G. Ickes, born October 24, 1999, and Cheyenne S. Ickes, born February 13, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant 1:0 the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of the Children on alternating weekends from Saturday at 9:00 a.m. through Sunday at 5:00 p.m. and every Wednesday and Thursday from after school until 7:30 p.m. T he Father may request additional periods of custody with the Children for special occasions upon providing at least 24 hours advance notice to the Mother, for which the Mother shall not unreasonably withhold consent. 5. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 2:00 p.m. through Christmas Day at 1:00 p.m., and Segment B, which shall run from Christmas Day at 1:00 p.m. through a time to be arranged by agreement between the parties. In even numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment 13. B. Thanksgiving: The Thanksgiving period of custody shall run from Wednesday evening, at a time to be arranged by agreement between the parties, through Thanksgiving Day at 7:30 p.m. The Father shall have custody of the Children over Thanksgiving in even numbered years and the Mother shall have custody in odd numbered years. The parties shall cooperate in making adjustments to the Thanksgiving holiday schedule to accommodate the Father's hunting schedule. C. Easter: In even numbered years, the Father shall have custody of the Children on Easter from 9:00 a.m. until 5:00 p.m. and in odd numbered years, the Mother shall have custody of the Children on Easter from 9:00 a.m. until 5:00 p.m. D. Memorial Day/ July 4`h/Labor Da v: In odd numbered years, the Father shall have custody of the Children on Memorial Day and Labor Day and the Mother shall have custody for July 4`h. In even numbered years, the Mother shall have custody of the Children on Memorial Day and Labor Day and the Father shall have custody for July 4`1'. The periods of custody on Memorial Day and Labor Day shall run from 9:00 a.m. through 7:30 p.m. The period of custody over the July 4`h holiday shall be as arranged by agreement between the parties. E. Mother's Day/Father's Da v: In every year, the Mother shall have custody of the Children on Mother's Day and the Father shall have custody on Father's Day, with the specific times to be arranged by agreement between the parties. F. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. G. In the event either party's holiday period of custody falls immediately preceding or following that party's regular period of custody, the periods of custody shall run continuously without interruption. 6. Each party shall be entitled to have custody of the Children for two non-consecutive weeks during each summer for vacation upon providing at least 30 days advance notice to the other party. The party providing notice first under this provision shall be entitled to preference on his or her selection of vacation dates. 7. The party receiving custody shall be responsible to provide transportation for the exchange of custody, unless otherwise agreed between the parties. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 9. 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 shall control. BY THE COURT, J-51 4(iPAIN K vin A. Hess cc: Andrew C. Spears, Esquire - Counsel for Mother Linda A. Clotfelter, Esquire - Counsel for Father P, D TRUE C" my hand In Testimony ai, i i:e ua;e set Court ari . Ie' Pa. and a seal of say Ir /1 T 5 .1?... ......... .. ?..?-....s pr thonotary AMY M. EWING IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. DANIEL R. ICKES Defendant Prior Judge: Kevin A. Hess 04-2767 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Daniel G. Ickes October 24, 1999 Mother Cheyenne S. Ickes February 13, 1995 Mother 2. A conciliation conference was held on September 28, 2004, with the following individuals in attendance: The Mother, Amy M. Ewing, with her counsel, Andrew C. Spears, Esquire, and the Father, Daniel R. Ickes, with his counsel, Linda A. Clotfelter, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 30 ?-x4 Date Dawn S. Sunday, Esquire Custody Conciliator Amy Ewing 1499 York Road Carlisle, PA 17013 September 13, 2005 Daniel R. Ickes 21 Kline Hollow Road Liverpool, PA 17045 Dear Dan: This letter is confirming our phone conversation, today, September 13, 2005, wherein we discussed the modification of our Custody Agreement based upon your change of residence. We have agreed that it is not in the best interest of the children to maintain your visitation on Wednesday and Thursday evenings during the school year due to the fact that your new residence is now in Liverpool, PA. We agreed that the travel time from your residence to mine is a significant distance and that the children would spend more time traveling to and from in a vehicle. In addition, that it would be later till we would arrive at my residence and due to the children's school routine and bedtime this would negatively impact their routine. Thank you for speaking with me on this matter. With Regards, L i AmyEw R R h U 4 a r? n ? -n Cr u' .? ...5 y f - 1,7 n ?t x?y LOWER ALLEN TOWNSHIP AUTHORITY 120 Limekiln Road New Cumberland, PA 17070 V. Karen Gallagher IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL DIVISION -LAW 5401-03 Oxford Drive NO, 2005-2767 MLD Mechanicsburg, PA 17055 Registered Owner MUNICIPAL LIEN DOCKET PRAECIPE TO SATISFY MUNICIPAL LIEN TO THE PROTHONOTARY: Kindly mark the above referenced Municipal Lien as satisfied. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: /?? Steven . Miner, Esquire Attorney I.D. No. 38901 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 (717) 724-9821 Attorneys for Plaintiff Date: January 3, 2008 ?- (? oc+ '? (?? ? L ,.1 ? p i C`? ,???. Sri c?_ ?? c =? ? y ? ? ?' ? :?? , w