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Photo of Portage Co

Court

Portage Co

Ohio

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Case Information

Filed 2024-05-15
Status CLOSED
Type Dr Never Married
Docket 122 entries
Disposition voluntary dismissal

Parties

Plaintiff Kester, James
Defendant Armour, Donna
Photo of Hon. Carnes Thomas J Probate

Judge

Hon. Carnes Thomas J Probate

Portage County (OH)

Ohio

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Lawyers

Docket Entries

  1. PATERNITY COMPLAINT FILED BY STEVE LAWSON Amount Owed: $15.00 Paid Before Conversion: $15.00 Receipt Number:
  2. INSTRUCTIONS FOR SERVICE BY P.S. ON DEF
  3. COMPUTER RESEARCH Amount Owed: $1.50 Paid Before Conversion: $1.50 Receipt Number:
  4. **** Converted Cash History Detail Summary **** Jul 21 1994 12:00AM Clerk : KLD Receipt # : 19914 Received of : STEPHEN C LAWSON Tender : CK Amount : 45.00 45.00 DEPOSITS RECEIVED (J) Mar 30 1995 12:00AM Clerk : MJD Receipt # : 22380 Received of : STEPHEN LAWSON Tender : AP Deposit Applied: 45.00 43.50 COURT COSTS (J) 1.50 COMPUTER RESEARCH (J) Mar 24 2003 12:00AM Clerk : BXS Receipt # : 50534 Received of : ATTY ROBERT E GROSS Tender : CK Amount : 45.00 45.00 DEPOSITS RECEIVED (J) Mar 26 2003 12:00AM Clerk : KLS Receipt # : 50547 Received of : ATTY ROBERT GROSS Tender : APP Deposit Applied: 40.90 40.90 COURT COSTS (J) Mar 28 2003 12:00AM Clerk : MDB Receipt # : 50572 Received of : ATTY. ROBERT GROSS/REIMB Tender : AP Deposit Applied: 4.10
  5. SUMMONS APPEAR FOR PT HRG 9/19/94 AT 2:30 P.M. ISSUED TO DONNA ARMOUR, 9038 MAPLE GROVE RD., APT. C, WINDHAM, OH 44288 W/COPY OF COMP. Amount Owed: $1.00 Paid Before Conversion: $1.00 Receipt Number:
  6. CIVIL PRETRIAL 09/19/94 02:30 PM JUDGE:DAVID M. BRODE (REFEREE) LOC:CONFERENCE ROOM CIVIL PRETRIAL
  7. COURT NOTICE OF PRETRIAL 9/19/94 @ 2:30 P.M., SENT TO J. KESTER AND ATTY. LAWSON. Amount Owed: $1.29 Paid Before Conversion: $1.29 Receipt Number:
  8. FAILURE OF SERVICE OF SUMMONS ON DONNA ARMOUR - NOT KNOWN AT ADDRESS.
  9. LETTER TO STEVE LAWSON FOR FURTHER INST.
  10. LETTER/CORRESPONDENCE FROM STEVE LAWSON.
  11. SUMMONS APPEAR FOR PT HRG ON 9/19/94 AT 2:30 P.M ISSUED TO DONNA ARMOUR, 9086 APT. D, MAPLE GROVE RD., WINDHAM, OH 44288 W/COPY OF COMP. FOR P.S. Amount Owed: $1.00 Paid Before Conversion: $1.00 Receipt Number:
  12. SUMMONS SERVED PERSONALLY ON DONNA ARMOUR
  13. MOTION FOR CONTINUANCE OF HRG., SET 9/19/94 FILED BY ATTY. LAWSON DUE TO ILLNESS.
  14. CIVIL PRETRIAL 10/04/94 10:30 AM JUDGE:DAVID M. BRODE (REFEREE) LOC:CONFERENCE ROOM CIVIL PRETRIAL
  15. COURT NOTICE OF PRETRIAL 10/4/94 @ 10:30 A.M., SENT TO J. KESTER, D. ARMOUR AND ATTY. LAWSON. Amount Owed: $1.58 Paid Before Conversion: $1.58 Receipt Number:
  16. REFEREE'S REPORT/JOURNAL ENTRY. MOTION FOR CONT., FILED BY ATTY. LAWSON IS GRANTED. COPIES TO ATTY. LAWSON AND D. ARMOUR. Amount Owed: $4.29 Paid Before Conversion: $4.29 Receipt Number:
  17. HRG. ON ALL PENDING ISSUES 11/14/94 02:30 PM JUDGE:DAVID M. BRODE (REFEREE) LOC:COURTROOM 1 HEARING ON ALL PENDING ISSUES
  18. COURT NOTICE OF HRG. ON ALL PENDING ISSUES 11/14/94 @ 2:30 P.M., SENT TO J. KESTER, D. ARMOUR, ATTY. LAWSON AND ATTY. CRIMI. Amount Owed: $1.58 Paid Before Conversion: $1.58 Receipt Number:
  19. COURT NOTICE OF HRG. ON ALL PENDING ISSUES AND HRG. ON ENTRY 11/14/94 @ 2:30 P.M., SENT TO J. KESTER, D. ARMOUR, ATTY. LAWSON AND ATTY. CRIMI. Amount Owed: $1.58 Paid Before Conversion: $1.58 Receipt Number:
  20. MOTION FOR CONTINUANCE OF HRG., SET 11/14/94 FILED BY ATTY. CRIMI DUE TO PARTIES WANTING PSYCH. REPORTS.
  21. REFEREE'S REPORT/JOURNAL ENTRY. MOTION FOR CONT., FILED BY ATTY. CRIMI IS GRANTED. COPIES TO ATTY. CRIMI AND ATTY. LAWSON. TWO COPIES PROVIDED BY ATTY. CRIMI. Amount Owed: $2.00 Paid Before Conversion: $2.00 Receipt Number:
  22. HRG. ON ALL PENDING ISSUES 01/23/95 02:00 PM LOC:COURTROOM 1 HEARING ON ALL PENDING ISSUES
  23. COURT NOTICE OF HRG. ON ALL PENDING ISSUES 1/23/95 @ 2:00 P.M., SENT TO J. KESTER, D. ARMOUR, ATTY. LAWSON AND ATTY. CRIMI. Amount Owed: $1.58 Paid Before Conversion: $1.58 Receipt Number:
  24. REFEREE'S REPORT/JOURNAL ENTRY. PRETRIAL 10/4/94. PARTIES AGREE THAT PARENT CHILD RELATIONSHIP EXISTS BETWEEN PLAINTIFF AND CHILD. DEFENDANT SHALL BE LEGAL CUSTODIAN AND RESIDENTIAL PARENT OF CHILD. ALL OTHER ISSUES TO BE SET FOR HRG. COPIES TO ATTY. CRIMI AND ATTY. LAWSON. Amount Owed: $4.00 Paid Before Conversion: $4.00 Receipt Number:
  25. LETTER/CORRESPONDENCE DATED 2/1/95 FROM ATTY. CRIMI ENCL. ENTRY.
  26. REFEREE'S REPORT/JOURNAL ENTRY. HRG., 1/23/95. NO AWARD FOR EITHER MATERITY EXPENSES OR PAST CARE EXPENSES. PARTIES AGREE TO VISITATION SCHEDULE TO BE SUBMITTED BY ATTY. CRIMI. COSTS TO PLAINTIFF. FATHER TO PAY SUPPORT OF $279.90/MONTH PLUS POUNDAGE. ATTY. CRIMI TO PREPARE WAGE WITHHOLDING AND HEALTH ORDER. UNINSURED MEDICAL EXPENSES TO BE PAID AT THE RATE OF 33.78% FATHER AND 66.22% MOTHER. COPIES TO ATTY. CRIMI, ATTY. LAWSON AND CSEA. Amount Owed: $20.00 Paid Before Conversion: $20.00 Receipt Number:
  27. REFEREE'S REPORT/JOURNAL ENTRY. HRG., 1/23/95. VISITATION IS GRANTED TO FATHER SAT., FROM 1:00 P.M., TO 4:00 P.M., SUPERVISED BY HIS MOTHER IN HER RESIDENCE. FUTURE VISITATION TO BE ARRANGED BY AGREEMENT OF PARTIES. IF PARTIES CAN NOT AGREE THE MATTER TO BE BROUGHT TO THE ATTENTION OF THE COURT. COPIES TO ATTY. LAWSON AND ATTY. CRIMI. Amount Owed: $8.00 Paid Before Conversion: $8.00 Receipt Number:
  28. LETTER -DATED 3-6-95 FROM ATTY CRIMI RE WAGE ASSIGN & HEALTH ORDER
  29. PATERNITY COURT ORDER Amount Owed: $1.00 Paid Before Conversion: $1.00 Receipt Number:
  30. BIRTH CERTIFICATE 2-21-01 BC COST REMOVED NO LONGER RQSTING COPY
  31. LETTER/CORRESPONDENCE TO DONNA ARMOUR IN RE: BIRTH CERTIFICATE
  32. COST BILL SENT IN THE AMOUNT OF $27.72 AND COURT ORDERED PATERNITY FORM SENT TO JAMES KESTER ALL DUE IN FULL BY 4/30/95. Amount Owed: $0.32 Paid Before Conversion: $0.32 Receipt Number:
  33. SUMMONS ISSUED FOR CONTEMPT OF COURT FOR FAILING TO SUBMIT THE COURT ORDERED PATERNITY FORM TO DONNA ARMOUR AT 9086 MAPLE GROVE RD. APT. D WINDHAM, OHIO 44288 TO APPEAR FOR CONTEMPT ON 5-10-95 AT 1:15 P.M.
  34. FAILURE OF SERVICE OF SUMMONS ON DONNA ARMOUR AT 9086 MAPLE GROVE RD. APT. D WINDHAM, OHIO 44288, SHE NO LONGER RESIDES AT ABOVE ADDRESS.
  35. MOTION FOR ORDER TO WITHHOLD LUMP SUM PAYMENT -FILED BY PROS. SMITH
  36. ORDER TO WITHHOLD LUMP SUM PAYMENTS FROM JAMES KESTER'S INCOME SOURCE - BWC IN THE AMT OF $4,120.00
  37. INSTRUCTIONS FOR SERVICE -ISSUE A COPY OF THE MOT & ORDER TWLSP TIME STAMPED 3-19-03 BY REG MAIL W CERT OF MAILING TO: JAMES KESTER, 114 ARHAVEN DR, NEWTON FALLS OH 44444-9759 & DONNA MCELHINNEY, 147 SOUTH LAKE RD, JAMESTOWN PA 16134. ISSUE A CERT COPY OF OTWLSP BY CERT MAIL W RET RECPT TO: BWC-WARREN SERVICE OFFICE, ATTN: JIM F. 258 E MARKET ST, WARREN OH 44481-1204
  38. RECEIPT OF CERTIFIED MAIL DATED 3/20/03 SIGNED BY TIFFANY R. MCELROY
  39. MOTION TO INTERVENE; MOTION TO STAY DISBURSEMENT OF PEERMANENT PARTIAL DISABILITY AWARD; AND MOTION TO PAY ATTORNEY'S CONTINGENCY FEE AND COSTS ADVANCED FILED BY ATTY COGHLAN Amount Owed: $15.00 Paid Before Conversion: $15.00 Receipt Number:
  40. MAGISTRATE'S DEC./ORDER. MATTER CAME ON FOR CONSIDERATION UPON MOT TO INTERVENE, MOT TO RECOVER WORKERS' COMP CONTINGENCY FEE & MOT TO STAY DISBURSEMENT OF PERM PARTIAL DISABILITY AWARD. COURT FINDS ROBERT GROSS IS PERMITTED TO ASSERT HIS INT IN THE PERM PARTIAL DISABILITY AWARD TO BE PD TO PLTF. ROBERT GROSS' MOT TO RECOVER WORKERS' COMP CONTINGENCY FEE IS HEREBY GRANTED. BWC SHALL WITHHOLD THE SUM OF $1513.33 FROM THE LUMP SUM SETTLEMENT AWARD & PAY SAID AMOUNT TO ROBERT E GROSS AS & FOR HIS 1/3 CONTINGENCY FEE. BALANCE OF SETTLEMENT AWARD TO BE PD TO CSED TO BE APPLIED TOWARDS PLTF'S SUPPORT ARREARAGE. ANY EXCESS AFTER PAYMENT OF ARREARS TO BE PD DIRECTLY TO PLTF. COPIES TO ATTY GROSS, D MCELHINNEY, J KESTER, CSED & BWC. (ALL PROVIDED) Amount Owed: $5.18 Paid Before Conversion: $5.18 Receipt Number:
  41. REFUND CHECK NO. 3406 IN THE AMOUNT OF $4.10 PAYABLE TO ATTY. ROBERT GROSS FOR REFUND ON ADVANCED COURT COST
  42. DEPOSIT Attorney: KAFANTARIS, GEORGE NICHOLAS (9748) Receipt: 56659 Date: 07/01/2005
  43. MOT. FOR CHANGE OF CUST. Attorney: KAFANTARIS, GEORGE NICHOLAS (9748) Receipt: 57318 Date: 09/28/2005 Receipt: 58988 Date: 05/16/2006
  44. INSTRUCTIONS FOR SERVICE Attorney: KAFANTARIS, GEORGE NICHOLAS (9748)
  45. MOTION FOR EX PARTE ORDER FOR SUMMER VISITATION W/AFFIDAVIT ATTACHED Attorney: KAFANTARIS, GEORGE NICHOLAS (9748) Receipt: 60672 Date: 12/21/2006 Receipt: 61389 Date: 03/26/2007
  46. INSTRUCTIONS FOR SERVICE Attorney: KAFANTARIS, GEORGE NICHOLAS (9748)
  47. SUMMONS ISSUED Receipt: 57318 Date: 09/28/2005
  48. Issue Date: 07/01/2005 Service: SUMMONS-CERTIFIED (J) Method: CERTIFIED MAIL (JUV) Cost Per: $ 0.00 ARMOUR, DONNA J 97 STATE ROUTE 7 PIERPONT, OH 44082 Tracking No: 7160390198486538738 Receipt: 57318 Date: 09/28/2005
  49. HEARING SET: Event: A HEARING ON MOT FOR EX PARTE & PRETRIAL - NOTICE TO J. KESTER, ATTY. KAFANTARIS Date: 08/10/2005 Time: 2:00 pm Judge: SZYMANSKI, JOSEPH Location: Result: CONTINUED (J) Receipt: 57318 Date: 09/28/2005
  50. SUCCESSFUL SERVICE Method : CERTIFIED MAIL (JUV) Issued : 07/01/2005 Service : SUMMONS-CERTIFIED (J) Served : 07/06/2005 Return : 07/07/2005 On : ARMOUR, DONNA J Signed By : DONNA J ARMOUR MCELHINNEY Reason : (JUV) SUCCESSFUL SERVICE Comment : Tracking #: 7160390198486538738
  51. MOTION TO ADVANCE CASE ON THE DOCKET. ***PER MAGISTRATE, SET EARLIER. Attorney: KAFANTARIS, GEORGE N (9748)
  52. HEARING SET: The following event: A HEARING scheduled for 08/10/2005 at 2:00 pm has been rescheduled as follows: Event: A HEARING ON EX PARTE & PT-NOTICE TO D. MCELHINNEY, J. KESTER, ATTY. KAFANTARIS Date: 07/25/2005 Time: 3:00 pm Judge: SZYMANSKI, JOSEPH Location: Receipt: 57318 Date: 09/28/2005
  53. NOTICE OF REPRESENTATION Attorney: JONES, ERIK E (75418)
  54. DEFENDANT'S MOTION IN OPPOSITION TO PLAINTIFF'S MOTION FOR CHANGE OF CUSTODY Attorney: JONES, ERIK E (75418)
  55. MAGISTRATE'S ORDER. 07-25-05 REVIEW OF DEF'S MOT IN OPPOSITION TO PLTF'S MOT FOR CHANGE OF CUSTODY. PLTF'S MOT INCLUDED AN AFFID. SIGNED BY THE MINOR CHILD SHANE M. KESTER. SAID AFFID PUPORTS TO SET FORTH THE MINOR CHILD'S WISHES & CONCERNS RE THE ALLOCATION OF PARENTAL RIGHTS & RESPON. PURS. TO ORC 3109.04(B)(3), THE AFFID SHOULD NOT HAVE BEEN ACCEPTED FOR FILING & IS HEREBY STRICKEN FROM THE RECORD. COPY TO ATTY JONES & ATTY KAFANTARIS Receipt: 57318 Date: 09/28/2005
  56. MAGISTRATE'S DEC./ORDER. 07-25-05 MOT FOR CHANGE OF CUSTODY & MOT FOR SUMMER VISIT. PLTF APPEARED W ATTY KAFANTARIS & DEF APPEARED W ATTY JONES. THE PARTIES WERE UNABLE TO REACH AN AGREEMENT ON THE MOT FOR CHANGE OF CUST. & THAT MATTER SHALL BE SET FOR TRIAL. BASED UPON THE EVID PRESENTED MAG FINDS: 1. PLTF & DEF HAVE A CHILD, SHANE M. KESTER & DEF IS THE RP & LC OF THE CHILD. 2. PURS TO AN AGREEMENT BETWEEN THE PARTIES THE DEF IS ENTITLED TO PARENTING TIME W SHANE ON ALTERNATING WKDS & ALTERNATING HOLIDAYS. DEF ALSO HAS BEEN ENTITLED TO SUMMER PARENTING TIME TYPICALLY FROM 4-6 WKS EACH SUMMER. LAST SUMMER SHANE STAYED W PLTF FOR APPROX 8 WKS. 3. THIS SUMMER, SHANE STAYED W PLTF FROM 06-03-05 TO 07-01-05. 4. PLTF WANTS 3 ADDIT WKS W SHANE, THRU 08-15-05. DEF IS WILLING TO PERMIT 2 ADDIT WKS FOR THE REMAINDER OF THE SUMMER. 5. MAG CONSIDERED THE STATUTORY FACTORS SET OUT IN ORC 3109.051(D). 6. SHANE HAS ONGOING INTERACTION W FATHER INCLUDING EXTENDED SUMMER PARENTING TIME. 7. THE DISTANCE BETWEEN THE PARTIES RESID IS NOT RELEVANT FOR THE ISSUE OF SUMMER PARENTING TIME. 8. SHANE IS 13 YRS OLD. 9. THERE WAS INSUFF. EVID. INTRODUCED REGARDING FACTORS ORC 3109.05(D)(3) & (5)-(16) OR THESE FACTORS OTHERWISE ARE NOT RELEVANT. THE MAG. DECIDES: 10. PLTF SHALL BE ENTITLED TO SUMMER PARENTING TIME W SHANE FROM 07-29-05 THRU 08-14-05. 11. COST TO PLTF. COPY TO ATTY JONES, ATTY KAFANTARIS, ATTY JONES & CSEA. Receipt: 57318 Date: 09/28/2005
  57. HEARING SET: Event: A TRIAL - NOTICE TO D. MCELHINNEY, J. KESTER, ATTY. JONES, ATTY. KAFANTARIS Date: 09/21/2005 Time: 2:00 pm Judge: SZYMANSKI, JOSEPH Location: Receipt: 57318 Date: 09/28/2005
  58. MOTION FOR CONTEMPT OF COURT Attorney: JONES, ERIK E (75418) Receipt: 58988 Date: 05/16/2006
  59. NOTICE FOR CONTEMPT CITATION
  60. INSTRUCTIONS FOR SERVICE
  61. SUMMONS ISSUED Receipt: 57318 Date: 09/28/2005
  62. Issue Date: 08/31/2005 Service: SUMMONS-CERTIFIED (J) Method: CERTIFIED MAIL (JUV) Cost Per: $ 0.00 KESTER, JAMES B 2850 SOUTH CANAL ST NEWTON FALLS, OH 44444 Tracking No: 7160390198486538842 Receipt: 57318 Date: 09/28/2005
  63. HEARING SET:W/TRIAL 9-21-05 AT 2:00 PM HEARING ON CONTEMPT-NOTICE TO D. MCELHINNEY, ATTY. JONES, ATTY. KAFANTARIS Receipt: 57318 Date: 09/28/2005
  64. SUCCESSFUL SERVICE Method : CERTIFIED MAIL (JUV) Issued : 08/31/2005 Service : SUMMONS-CERTIFIED (J) Served : 09/06/2005 Return : 09/07/2005 On : KESTER, JAMES B Signed By : JAMES B KESTER Reason : (JUV) SUCCESSFUL SERVICE Comment : Tracking #: 7160390198486538842
  65. SUBPOENA ISSUED AND FILED FOR: PAULA BARHOLT/CSEA Attorney: JONES, ERIK E (75418) Receipt: 57318 Date: 09/28/2005
  66. SUBPOENA SERVED PERSONALLY FOR PAULA BARHOLT/CSEA Receipt: 57318 Date: 09/28/2005
  67. MOTION FOR AN ACCOUNTING OF SUPPORT PAYMENTS Attorney: KAFANTARIS, GEORGE N (9748)
  68. SUBPOENA APPEAR PURSUANT TO HEARING SCHED FOR 9/21/05 FOR PAULA BARHOLT/CSEA
  69. MAGISTRATE'S DEC./ORDER. HRG ON PLTF'S MOT FOR CHANGE OF CUSTODY 9/21/05. PLTF APPEARED W/ATTY KAFANTARIS & DEF APPEARED W/ATTY JONES. MAGISTRATE FINDS PTLF & DEF ARE THE BIOLOGICAL PARENTS OF THE CHILD. DEF IS THE RP/LC OF CHILD PURSUANT TO ENTRY DATED 12/4/94. PLTF IS ENTITLED TO SUPERVISED VISIT EVERY SAT FROM 1:00 PM TO 4:00 PM PURSUANT TO 2/13/95 AGREED ENTRY. AT THE TIME THIS SCHEDULE WAS ENTERED INTO, DEF & CHILD WERE RESIDING IN PA. FOLLOWING THE 2/13/95 ENTRY, PLTF HAD LIMITED CONTACT W/CHILD & WENT APPROXIMATELY 6 YRS WITHOUT ENJOYING ANY PARENTING TIME W/CHILD. DEF TRANSPORTED CHILD FOR APPROXIMATELY 6 VISITS. DEF STOPPED BRINGING CHILD TO THE VISITS DUE TO CHILD'S REACTION PRIOR TO VISITS, INCLUDING SCREAMING, CRYING AND ACTING OUT PHYSICALLY. NO LEGAL ACTION WAS TAKEN BY PLTF TO ENFORCE THE AGREEMENT. PLTF CLAIMS HE WAS UNAWARE OF THE WHEREABOUTS OF DEF & CHILD DURING THIS TIME PERIOD, OTHER THAN HAVING A PHONE NUMBER FOR DEF'S MOTHER. DEF WAS LIVING WITH HER MOTHER OR WITHIN A COUPLE MILES OF HER MOTHER'S HOME. APPROXIMATELY 3 YRS AGO, PLTF & CHILD BEGAN TO ENJOY REGULAR INTERACTION. THE PARTIES AGREED TO A SCHEDULE GRANTING PLTF PARENTING TIME, INCL ALT WEEKENDS AND SEVERAL WKS IN THE SUMMER. RECENTLY DEF HAS DISCUSSED W/PLTF DIFFICULTIES SHE IS HAVING W/CHILD, INCL HIS FAILURE TO PERFORM CHORES, AND DIFFICULTY CHILD IS HAVING IN SCHOOL. FURTHER, HE EXPERIENCES MOOD SWINGS AND TALKS BACK. DEF ATTRIBUTES THIS TO TYPICAL PROBLEMS PARENTS HAVE WITH ADOLESCENT BOYS. CHILD JUST TURNED 14. FURTHER, CHILD IS IN GIFTED PROGRAM AT SCHOOL AND MAY HAVE TAKEN ON TOO MUCH WORK. PLTF ASSERTS CHILD DOES HIS CHORES WHILE AT HIS HOME AND HE COULD DO A "BETTER JOB" RAISING CHILD. PLTF FURTHER ASSERTS SINCE THERE ARE LESS CHILDREN IN HIS HOME, MORE TIME IS AVAILABLE TO SPEND W/CHILD. PLTF RESIDES IN NEWTON FALLS WITH HIS FIANCE' AND HER 13 YR OLD SON. DEF LIVES IN PIERPOINT W/CHILD, A 15 YR OLD SON, 2 DAUGHTERS (AGES NO TESTIFIED TO) AND HER BOYFRIEND. DEF RECENTLY CONCLUDED A DIVORCE WHICH STARTED IN 2001. ALTHOUGH PLTF IS EMPLOYED, NO EVIDENCE WAS PRESENTED REGARDING HIS PLACE OF EMPLOYMENT OR HIS HRS OF EMPLOYMENT. DEF IS EMPLOYED AT WORTHINGTIN CYINDER AND WORKS 11:00 PM TO 7:00 AM. NEXT MONTH, SHE WILL BEGIN WORKING 7:00 AM TO 3:00 PM. IF DEF IS WORKING, HER BOYFRIEND MAKES SURE CHILD GETS TO SCHOOL. CHILD IS ON THE BUS ROUTE. DEF IS AVAILABLE FOR CHILD WHEN HE GETS HOME FROM SCHOOL. BOTH PARENTS EXPRESSED A DESIRE TO BE RP/LC OF CHILD. NO EVIDENCE WAS PRESENTED REGARDING HOW CHILD GETS ALONG WITH ANY OTHER PERSONS IN EITHER HOUSEHOLD, OTHER THAN PTLF'S FIANCE' TOOK CHILD TO A PHYSICAL AND DEF'S BOYFRIEND ASSISTS IN GETTING CHILD TO SCHOOL. DEF DID NOT TRANSPORT CHILD TO THE SUPERVISED VISITS W/PLTF FOLLOWING THE IMPLEMENTATION OF THE VISIT SCHEDULE IN 1995. PARTIES HAVE EXERCISED A PARENTING TIME SCHEDULE MUTUALLY AGREED UPON, FOR THE LAST 3 YRS. NEITHER PARTY HAS ATTEMPTED TO MODIFY THE 1995 SCHEDULE. PLTF DID NOT MAKE ANY SUPPORT PYMTS FROM 95 THROUGH 01. BEGINNING IN 03, PLTF BECAME MORE CONSISTENT REGARDING HIS SUPPORT OBLIGATION. PLTF DID NOT MAKE SUPPORT PYMTS BECAUSE HE WAS NOT GIVEN PARENTING TIME W/CHILD. MAGISTRATE DECIDES THAT SINCE THE PRIOR DECREE ALLOCATING PARENTAL RIGHTS & RESPONSIBILITIES, A CHANGE HAS OCCURRED IN THE CIRCUMSTANCES OF CHILD & DEF INCL THE PASSAGE OF CHILD FROM INFANCE TO TEENAGER, THE ADDITION OF 2 MORE CHILDREN INTO DEF'S HOUSEHOLD, DEF'S RECENT DIVORCE, AND THE INTRODUCTION OF HER BOYFRIEND IN TO THE HOUSEHOLD. EACH CHANGE TAKEN SEPARATELY DOES NOT CONSTITUTE A SUFFICIENT CHANGE OF CIRCUMSTANCE REQUIRED TO WARRANT THE CONSIDERATION OF A MODIFICATION. HOWEVER, THE TOTALITY OF THESE CHANGES IS SUCH AS TO FIND A SUFFICIENT CHANGE OF CIRCUMSTANCES HAS OCCURRED W/CHILD AND/OR DEF. PLTF HAS FAILED TO ESTABLISH HOW THESE CHANGED CONDITIONS HAVE HAD A MATERIALLY ADVERSE EFFECT UPON CHILD. CONSIDERING ALL RELEVANT FACTORS A MODIFICATION IS NOT IN THE BEST INT OF THE CHILD. PTLF'S ASSERTION HE COULD DO A "BETTER JOB" RAISING CHILD, EVEN IF TRUE, IS NOT A BASIS FOR REALLOCATING PARENTAL RIGHTS & RESPONSIBILITIES. PLTF HAS FAILED TO ESTABLISH HOW THE HARM LIKELY TO BE CAUSED BY A CHANGE OF THE ENVIRONMENT OF CHILD IS OUTWEIGHED BY THE ADVANTAGES OF THE CHANGE OF THE ENVIRONMENT OF CHILD. PTLF'S MOT FOR CHANGE OF CUSTODY IS DENIED. ALTHOUGH A MOT FOR PARENTING TIME IS NOT DIRECTLY BEFORE THIS COURT, THIS MAGISTRATE HAS CONSIDERED ALL OF THE FACTORS AND CONCERNS. ACCORDINGLY, PLTF SHALL BE ENTITLED TO PARENTING TIME PURSUANT TO THE COURT'S STANDARD IN-STATE CHILD VISIT SCHEDULE, AS ATTACHED. ADDITIONALLY, PLTF SHALL BE ENTITLED TO A MINIMUM OF 6 WKS OF PARENTING TIME DURING THE SUMMER BREAK AS OPPOSED TO THE 4 WKS SET OUT IN PARAGRAPH (G) OF THE VISIT SCHEDULE. COSTS TO PTLF. COPIES TO ATTY JONES & ATTY KAFANTARIS. Receipt: 57318 Date: 09/28/2005
  70. MAGISTRATE'S DEC./ORDER. HRG ON DEF'S SUMMONS FOR CONTEMPT 9/21/05. PLTF APPEARED W/ATTY KAFANTARIS. DEF APPEARED W/ATTY JONES. FOLLOWING THE PRESENTATION OF EVIDENCE BY DEF, PLTF ACKNOWLEDGED HE IS IN WILLFUL CONTEMPT OF COURT FOR FAILURE TO COMPLY W/THE SUPPORT ORDER WHICH IS PRESENTLY IN EFFECT. THE MAGISTRATE DECIDES PLTF IS IN WILLFUL CONTEMPT OF COURT. THIS MATTER SHALL BE SCHEDULED FOR SENTENCING AT THE SAME TIME AS PLTF'S MOT FOR AN ACCOUNTING OF SUPPORT PYMTS. COPIES TO ATTY JONES & ATTY KAFANTARIS. Receipt: 57318 Date: 09/28/2005
  71. HEARING SET: Event: A HEARING ON ACCOUNTING OF CHILD SUPPORT PAYMENTS & HEARING ON SENTENCING-NOTICE TO D. MCELHINNEY, J. KESTER, ATTY. JONES, ATTY. KAFANTARIS Date: 11/14/2005 Time: 2:30 pm Judge: SZYMANSKI, JOSEPH Location: Receipt: 58988 Date: 05/16/2006
  72. MOTION FOR CONTEMPT OF COURT Attorney: KAFANTARIS, GEORGE N (9748) Receipt: 58988 Date: 05/16/2006 Receipt: 60672 Date: 12/21/2006
  73. INSTRUCTIONS FOR SERVICE
  74. SUMMONS ISSUED Receipt: 58988 Date: 05/16/2006
  75. Issue Date: 11/04/2005 Service: SUMMONS-CERTIFIED (J) Method: CERTIFIED MAIL (JUV) Cost Per: $ 0.00 ARMOUR, DONNA J 97 STATE ROUTE 7 PIERPONT, OH 44082 Tracking No: 7160390198486538943 Receipt: 58988 Date: 05/16/2006
  76. MAGISTRATE'S ORDER. THE MATTERS PRESENTLY SCHEDULED FOR TRIAL & PT HRGS 11/14/05 SHALL BE RESCHEDULED FOR TRIAL ON ALL OUTSTANDING ISSUES AT A LATER DATE. COPIES TO ATTY JONES & ATTY KAFANTARIS. Receipt: 58988 Date: 05/16/2006
  77. SUCCESSFUL SERVICE Method : CERTIFIED MAIL (JUV) Issued : 11/04/2005 Service : SUMMONS-CERTIFIED (J) Served : 11/10/2005 Return : 11/14/2005 On : ARMOUR, DONNA J Signed By : DONNA MCELHINNEY Reason : (JUV) SUCCESSFUL SERVICE Comment : Tracking #: 7160390198486538943
  78. HEARING SET: Event: A TRIAL - NOTICE TO D. MCELHINNEY, J. KESTER, ATTY. JONES, ATTY. KAFANTARIS Date: 01/13/2006 Time: 1:30 pm Judge: SZYMANSKI, JOSEPH Location: Receipt: 58988 Date: 05/16/2006
  79. MAGISTRATE'S DEC./ORDER. HRG ON DEF'S MOT FOR ACCOUNTING OF CHILD SUPPORT PYMTS AND CONTEMPT AND FOR SENTENCING OF PTLF FOR THE PREVIOUS FINDING OF CONTEMPT 1/13/06. PLTF APPEARED W/ATTY KAFANTARIS. DEF APPEARED W/ATTY JONES. PLTF W/D THE MOT FOR ACCOUNTING OF SUPPORT PYMTS. BASED UPON EVIDENCE PRESENTED & ARGUMENTS OF COUNSEL, MAGISTRATE FINDS: PLTF & DEF ARE THE BIOLOGICAL PARENTS OF CHILD. PURSUANT TO AN AGREED ENTRY PUT INTO EFFECT 2/13/95, PLTF WAS ENTITLED TO PARENTING TIME (VISIT) W/CHILD EVERY SUN FROM 1:00 PM T 4:00 PM. THESE VISITS WERE TO BE SUPERVISED BY DEF. FOLLOWING THE AGREEMENT, DEF AND CHILD'S WHEREABOUTS WERE UNK. AS A RESULT, PLTF WAS UNABLE TO EXERCISE ANY OF THE PARENTING TIME. IN 01, DEF RESURFACED AND PLTF HAS ENJOYED PARENTING TIME W/CHILD SINCE THEN. ALTHOUGH THE PREVIOUS PARENTING TIME SCHEDULE WAS NEVER AMENDED, PTLF, AS A GENERAL RULE, HAS EXERCISE PARENTING TIME SIMILAR TO THIS COURT'S MIN IN STATE VISIT SCHEDULE. ACCORDINGLY, THE MAGISTRATE DECIDES, DEF IS IN CONTEMPT OF COURT FOR FAILING TO COMPLY WITH THE PARENTING TIME SCHEDULE PUT INTO EFFECT 2/13/95. DEF HAS PURGED HERSELF OF CONTEMPT BY PROVIDING PARENTING TIME BETWEEN PLTF & CHILD SINCE 01. THIS PARENTING TIME WAS BEYOND THE TIME PERIOD ALLOWED PURSUANT TO THE ORDER IN EFFECT AT THE TIME. PLTF SHALL BE SENTENCED TO 30 DAYS IN THE PC JAIL FOR CONTEMPT FOR FAILING TO COMPLY WITH THE CHILD SUPPORT ORDER. SEE MAG DEC OF 9/23/05. ALL OF THE JAIL SENTENCE SHALL BE SUSP ON CONDITION PTLF COMPLIES WITH THE SUPPORT ORDER PRESENTLY IN EFFECT, INCLUDING THE PYMT ON ARREARGES. DEF SHALL SCHEDULE ANY NECESSARY APPTS FOR CHILD DURING HER PARENTING TIME SO AS NOT TO INTERFERE W/PTLF'S PARENTING TIME WITH CHILD. PURSUANT TO AN AGREEMENT BETWEEN THE PARTIES, THE EXCHANGE OF CHILD SHALL TAKE PLACE AT BP OIL, LOCATED AT ROUTE 11 AND 322. THE EXCHANGE SHALL TAKE PLACE AT 6:00 PM, HOWEVER THE PARTIES SHALL BE GIVEN ONE HALF HOUR LEEWAY, UNTIL 6:30 PM TO ALLOW FOR ANY TRANSPORTATION DELAYS. COSTS TO BE DIVIDED EQUALLY BETWEEN THE PARTIES. COPIES TO ATTY JONES & ATTY KAFANATARIS. Receipt: 58988 Date: 05/16/2006
  80. COST BILL SENT TO DONNA ARMOUR NKA MCELHINNEY IN THE AMOUNT OF $15.44 DUE IN FULL BY 2/23/06 COST BILL PLTF VS DEF Sent on: 01/23/2006 12:12:55
  81. COST BILL SENT TO JAMES KESTER IN THE AMOUNT OF $53.40 DUE IN FULL BY 2/23/06. COST BILL PLTF VS DEF Sent on: 01/23/2006 12:14:50
  82. DEPOSIT Receipt: 59658 Date: 08/21/2006
  83. MOT. FOR CHANGE OF CUST. (EX PARTE) WITH AFFIDAVIT ATTACHED Attorney: KAFANTARIS, GEORGE N (9748) Receipt: 60672 Date: 12/21/2006
  84. INSTRUCTIONS FOR SERVICE Attorney: KAFANTARIS, GEORGE N (9748)
  85. SUMMONS ISSUED Receipt: 60013 Date: 10/02/2006 Receipt 60013 reversed by 60106 on 10/13/2006. Receipt: 60672 Date: 12/21/2006
  86. Issue Date: 08/21/2006 Service: SUMMONS-CUSTODY (J) (RETYPED AS SUMMONS CERT) Method: CERTIFIED MAIL (JUV) Cost Per: $ 0.00 ARMOUR, DONNA J 97 STATE ROUTE 7 PIERPONT, OH 44082 Tracking No: 7160390198492169541 Receipt: 60013 Date: 10/02/2006 Receipt 60013 reversed by 60106 on 10/13/2006. Receipt: 60672 Date: 12/21/2006
  87. COMPUTERIZED RESEARCH Receipt: 60013 Date: 10/02/2006 Receipt 60013 reversed by 60106 on 10/13/2006. Receipt: 60672 Date: 12/21/2006
  88. COMPUTERIZATION FEE Receipt: 60013 Date: 10/02/2006 Receipt 60013 reversed by 60106 on 10/13/2006. Receipt: 60672 Date: 12/21/2006
  89. HEARING SET: Event: A CIVIL PRETRIAL -NOTICE SENT TO J. KESTER, ATTY KAFANTARIS Date: 10/02/2006 Time: 3:30 pm Judge: SZYMANSKI, JOSEPH Location: Receipt: 60013 Date: 10/02/2006 Receipt 60013 reversed by 60106 on 10/13/2006. Receipt: 60672 Date: 12/21/2006
  90. SUCCESSFUL SERVICE Method : CERTIFIED MAIL (JUV) Issued : 08/21/2006 Service : SUMMONS-CUSTODY (J) Served : 08/22/2006 Return : 08/23/2006 On : ARMOUR, DONNA J Signed By : DONNA MCELHINNEY Reason : (JUV) SUCCESSFUL SERVICE Comment : Tracking #: 7160390198492169541
  91. MAGISTRATE'S ORDER. MATTER CAME ON FOR REV 12/4/06. ON 10/2/06, THE PARTIES ENTERED INTO AN AGREEMENT REGARDING THE OUTSTANDING ISSUES IN THIS CASE. THE AGREEMENT WAS PLACED ON THE RECORD. TO DATE, THE WRITTEN AGREEMENT HAS NOT BEEN FILED WITH THIS COURT. THE PARTIES SHALL HAVE FOURTEEN (14) DAYS FROM THE DATE OF THIS ORDER TO SUBMIT THE PROPOSED ENTRY. FAILURE TO DO SO WILL RESULT IN THE MATTER BEING DISMISSED FOR WANT OF PROS. COPIES TO D MCELHINNEY & ATTY KAFANTARIS. Receipt: 60672 Date: 12/21/2006
  92. MAGISTRATE'S ORDER. REV 12/20/06. ON 12/4/06 AN ORDER WAS ISSUED ADVISING THE PARTIES THEY HAD 14 DAYS TO SUBMIT THE PROPOSED ENTRY REFLECTING THEIR AGREEMENT TO THIS COURT FOR REV & APPROVAL. THE PARTIES WERE FURTHER ADVISED THAT FAILURE TO SUBMIT THE ORDER WOULD RESULT IN THE MATTER BEING DISMISSED. TO DATE, THE PROPOSED ENTRY HAS NOT BEEN FILED WITH THIS COURT. ACCORDINGLY, THE PENDING MOTION SHALL BE DISMISSED. COSTS TO PLTF. COPIES TO D MCELHINNEY & ATTY KAFANTARIS. Receipt: 60672 Date: 12/21/2006
  93. COST BILL SENT TO JAMES KESTER IN THE AMOUNT OF $11.16 DUE IN FULL BY 1/21/07. COST BILL PLTF VS DEF Sent on: 12/21/2006 10:33:11
  94. DEPOSIT -RCVD FROM JAMES KESTER Receipt: 65574 Date: 10/27/2008
  95. MOT. FOR CHANGE OF CUST. -FILED BY JAMES KESTER Receipt: 65591 Date: 10/28/2008
  96. COMPUTERIZED RESEARCH Receipt: 65591 Date: 10/28/2008
  97. COMPUTERIZATION FEE Receipt: 65591 Date: 10/28/2008
  98. MAGISTRATE'S DEC./ORDER. MATTER CAME ON UPON AGREEMENT OF THE PARTIES. THE MINOR CHILD IS NOW 17 YRS OLD & THE PARTIES HAVE AGREED THAT HE SHALL BE PLACED IN THE CUSTODY OF PLTF, JAMES KESTER FOR THE 2008 -2009 SCHOOL YR. THE CHILD SHALL BE RET TO THE CUSTODY OF DEF, DONNA MCELHINNEY FOR THE 2009-2010 SCHOOL YR & UNTIL HE GRADUATES FROM H.S. DEF SHALL HAVE VISIT EVERY OTHER WKND @ THE PICK-UP & DROP-OFF LOCATION AS THE PARTIES AGREED & USED IN THE PAST. THE PARTIES SHALL SHARE HOLIDAYS, PURS. TO THE COURT'S STAND. ORDER OF VISIT & AS PREV. WORKED OUT BY THE PARTIES IN THIS CASE. DEF SHALL CONTINUE TO CARRY THE CHILD ON HER MEDICAL, VISION & DENTAL INS. AS LONG AS OFFERED @ HER WORK. PLTF SHALL PAY ALL DEDUCTIBLES & CO-PAYS MED CARE OF THE CHILD. DEF SHALL CLAIM THE MINOR AS HER DEPENDEDNT FOR THE 2008 TAX YR. PLTF SHALL CLAIM THE CHILD FOR THE TAX YR 2009. DEF SHALL CONTACT CSEA & RQST THAT PLTF'S CURRENT CHILD SUPPT TERMINATE FOR THE CHILD. HOWEVER, PLTF SHALL CONTINUE TO MAKE PYMTS TOWARDS HIS ARRGE. SO LONG AS THESE ARRGE PYMTS ARE CURRENT, DEF WILL REDUCE PLTF'S CHILD OBLIG BY $2,000.00 FOR THE 2008 CALENDAR YR. THIS REDUCTION IS FURTHER CONTINUED ON PLTF MAKING HIS MONTHLY ARRGE PYMTS BY THE 20TH OF EACH MONTH. COPY TO J. KESTER, D. MCELHINNEY, CSEA Receipt: 65591 Date: 10/28/2008
  99. DEPOSIT REFUNDED TO: James B. Kester
  100. BATCH SCAN: COMPLETE FILE
  101. JOURNAL ENTRY: AN ORDER OF TRANSFER PURSUANT TO R.C. 2301.03(P)
  102. (CSEA) JUDGMENT ENTRY - ACCEPTANCE OF TRANSFER FILED.
  103. CSEA DISPOSITION.
  104. (CSEA) MOTION TO DETERMINE CHILD SUPPORT ARREARAGES AND FOR PAYMENT OF ARREARAGES FILED. Attorney: CSEA ATTY ()
  105. (CSEA) REQUEST FOR DISCOVERY PROPOUNDED ON PLAINTIFF, JAMES KESTER: PRODUCTION OF DOCUMENTS FILED.
  106. REQUEST FOR DISCOVERY PROPOUNDED ON DEFENDANT, DONNA ARMOUR N/K/A DONNA J MCELHINNEY: REQUEST FOR PRODUCTION OF DOCUMENTS FILED.
  107. (CSEA) NOTICE OF HEARING FILED.
  108. INSTRUCTIONS FROM CSEA FILED.
  109. Issue Date: 05/17/2024 Service: TITLE 4 D SERVICE Method: (DR) 4D E-CERTIFIED Cost Per: $0.00 KESTER, JAMES Tracking No: 9489090000556680001266
  110. INSTRUCTIONS FROM CSEA FILED.
  111. Issue Date: 05/17/2024 Service: TITLE 4 D SERVICE Method: (DR) 4D E-CERTIFIED Cost Per: $0.00 ARMOUR, DONNA 181 W BEECH ST JEFFERSON, OH 44047 Tracking No: 9489090000556680001273
  112. CERTIFIED MAIL RECEIVED BY POST OFFICE USPS PRE-SHIPMENT INFO SENT USPS AWAITS ITEM - Service Date: 05/20/2024 13:48 Tracking Number: 94 8909 0000 5566 8000 1273
  113. CERTIFIED MAIL RECEIVED BY POST OFFICE USPS PRE-SHIPMENT INFO SENT USPS AWAITS ITEM - Service Date: 05/20/2024 13:48 Tracking Number: 94 8909 0000 5566 8000 1266
  114. IGNATURE FILED PLNTF JAMES KESTER Signature File Attached Tracking Number: 9489 0900 0055 6680 0012 66
  115. EARING SCHEDULED: Event: CSED SUPPORT HEARING Date: 07/25/2024 Time: 2:30 pm Judge: KOHRS, BRENDON J Location: DR COURTROOM 4 Result: NO SHOW BY PARTIES
  116. OTICE OF VOLUNTARY DISMISSAL, WITHOUT PREJUDICE FILED.
  117. OPY ISSUED TO DOMESTIC COURT.
  118. NSTRUCTIONS FROM CSEA FILED.
  119. ssue Date: 08/02/2024 Service: TITLE 4 D SERVICE Method: 4D REGULAR MAIL (CP) Cost Per: $0.00 KESTER, JAMES Tracking No: M000037033
  120. NSTRUCTIONS FROM CSEA FILED.
  121. ssue Date: 08/02/2024 Service: TITLE 4 D SERVICE Method: 4D REGULAR MAIL (CP) Cost Per: $0.00 ARMOUR, DONNA 181 W BEECH ST JEFFERSON, OH 44047 Tracking No: M000037034
  122. NSUCCESSFUL SERVICE USPS UNCLAIMED/BEING RETURNED TO SENDER - Service Date: 06/07/2024 09:53 Tracking Number: 94 8909 0000 5566 8000 1273 COMMENT: UNSUCCESSFUL SERVICE ON DEFT DONNA ARMOUR BY CERTIFIED MAIL. RETURN TO SENDER - UNCLAIMED - UNABLE TO FORWARD.

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