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HomeMy WebLinkAbout95-05260 1 c o zoo cj . tIJ 7 1 I #c, t '- ~ ! J i , [ j , . I 0 j .j I n l{) . NILA R. DOYON, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBER~DCOUNTY, (PENN~~L.~~IA NO. 'l.J /.i2 (;. r) ,,, ,'-, ( ,)1'> /1'-- . . . . v. . . NORMAND L. DOYON, JR., Defendant CIVIL ACTION - Custody, Partial custody, Visitation ORDER OF COURT . . 6015 ,llIhSf, ( { 'ddf'f AND NOW, this ~ day ofNa.~u"J,'r; 1995, upon consideration of the attached Complaint, it is hereby directed that the part~s ~nd their respective counsel ap~ar before - [" ;\~"I L fS;...~ t:>i, the Conciliator, on the t J" day of ,)1.1 ",lyr , 1995, at J/,ooll .m., in the eems8I'laRi..evunt;y 1~'C~T~keHBe, Capli5l&, Pennsylvania, 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. Either party may bring the child who is the subject of this custody action to the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. For the Court, JO-'/"'<'J- Date of Order: 7 By: M1~~t'~I/ i, ~~ Custody Conciliator / 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 COURT ADMINISTRATOR CUmberland County Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013-3387 Telephone: (717) 240-6200 eCT ; 'I ., - f'U '95 ,'- .... jj ,II ., nO L _ . ,LJ i; -:11.. 'pfM..;"..}r,.,.i!k ID .!Q7. cw.. U I it"""'- ..., 10 IJ q S y]itu. ,..,;},I16 df IO!J'~ "I't ~.... '" &wf p . . NILA R. DOYON, IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. . . . NORMAND L. DOYON, JR., . CIVIL ACTION - CUstody, Partial . Defendent : custody, Visitation NOTICE TO THE DEFENDANT NAMED HEREIN: You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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 COURT ADMINISTRATOR CUmberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 NOTICIA La han demandado a usted en la corte. si usted quiere defenderse de estas demandas expuestas en 1as paginas diguientes, usted tiene viente (20) dias de plazo al partir de 18 fecha de la demanda y la notiticacion. Usted debe presentar una apariencia escrita 0 en persona 0 por aboqado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avidaso que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en 1a peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TINE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DlRECCION SE ENCUENTRA ESCRITA ABAJOPARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY COURT ADMINISTRATOR CUmberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 Respectfully submitted, CUNNINGHAM' CHERNlCOFF, P.C. Date: ::jH'V,~lI<'-\ 71J (:1C ~ - :\ By: ,'):. (ll!l" \~^rrl,:--''\{'.J'--\\'''''U-\U) Paige MaCdonald-Matthes, Esquire 1. D. '66266 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 2 NILA R. DOYON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. v. NORMAND L. DOYON, JR., Defendant CIVIL ACTION - custody : COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Nila R. Doyon, by and through her counsel, CUnningham & Chernicoff, P.C., and files her Complaint for primary physical and legal custody and in support thereof avers as follows: 1. The Plaintiff is Nila R. Doyon, residing at 205 Susquehanna Avenue, Enola, CUmberland County, Pennsylvania. 2. The Defendant is Normand L. Doyon, Jr., residing at 205 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: lWlI MB PRESENT RESIDENCE Brittany Anne Doyon 205 Susquehanna Avenue Enola, PA 17025 The child was not born out of wedlock. 5 The child is presently in the custody of Nila R. Doyon, who resides at 205 Susquehanna Avenue, Enola, cumberland County, Pennsylvania as the Defendant, who also resides with the Plaintiff and the child, is a long haul truck driver who has been home exactly twice in a period of three (3) months. During the past five (5) years, the child has resided with the following persons and at the following addresses: (LIST ALL PERSONS) (LIST ALL ADDRESSES) (DATES) Nila R. Doyon 205 Susquehanna Avenue 3/15/95 - Normand L. Doyon, Jr. Enola, PA 17025 Present Nila R. Doyon Dungston Drive 3/94 - Normand L. Doyon, Jr. Warren, OH 3/15/95 Nila R. Doyon 3306 Lodwick Street 4/93 - Warren, OH 3/94 Nila R. Doyon 2735 Cheryl Avenue Birth - Normand L. Doyon, Jr. Southington, 08 4/93 The mother of the child is Nila R. Doyon, currently residing at 205 Susquehanna Avenue, Enola, cumberland County, Pennsylvania. She is married. 2 The father of the child is Normand L. Doyon, Jr., currently residing at 205 Susquehanna Avenue, Enola, CUmberland County, Pennsylvania. 4. The relationship of Plaintiff to the child is natural mother. The Plaintiff currently resides with the following persons: HAMS RELATIONSHIP Brittany Anne Doyon Normand L. Doyon, Jr. Daughter Estranged husband (when he is not on the road) 5. The relationship of Defendant to the child is that of natural father. The Defendant currently resides, when he is in town, with the following persons: lWm RELATIONSHIP Estranged Wife Daughter Nila R. Doyon Brittany Anne Doyon 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in the Court of Common Pleas, Division of 3 Domestic Relations, Trumbull County, Ohio, Case Number 93-DR- 56. A copy of the Orders for CUstody are attached hereto and marked as Exhibit "A". Plaintiff and Defendant were awarded joint custody of the child. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation right with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because the child views the Plaintiff as a source of love and stability and depends on Plaintiff for nurturing the development. In addition, the Defendant is estranged from the child because the Defendant is with the child on an infrequent basis due to the nature of his job and during the time that Defendant is home and can spend time with the child, he fails to do so. Finally, the best interest and permanent welfare of the child will be served by granting the relief requested as it will be 4 i o(t~ I :1> lJ? Il ~ ') J\..;' , ,':'f\ .... \\. ' ,... ... \ \ - ,- I i ... ... '" I ~. Spcnur, I :~~, &: 'Dau9~ .tO~"'V'IrrtV' """. "CST O"1ClllOx t,UI W.ttJIW'tJlt ~ .....:1 1.1. TnI~'12'eI3'2"" II '"'' _e' ,.. no' Ii 9-21-93 C ER ON JOINT CUSTODY. SEE" . DOYON.DECREEpIs18 032493 PLS/mlg NORTON, JUDGE IN THE COURT OF COMMON PLEAS DIVISION OF DOMESTIC RELATIONS TRUMBULL COUNTY, OHIO IN THE MATTER OF: ) ) NORMAND L DOYON, JR. ) ) Plaintiff ) ) vs. ) ) NILA R. DOYON ) ) Defendant ) Case Number 93-D~56 Judge Thomas F. Norton FINAL JOINT CUSTODY DECREE This cause came on to be heard this 11 th day of March, 1993, upon the request of the Plaintiff and Defendant for the joint care, custody and control of the parties' minor child and the Court being fully advised in the premises finds that the parties have heretofore submitted and filed with this Court their Plan for the joint care, custody and control of the minor child (hereinafter called "THE PLAN"). After review of THE PLAN, the Court finds that THE PLAN is in accordance with law, and specifically with the provisions of Ohio Revised Code Sections 31 09.04 and 3109.041, and that THE PLAN includes, aD factors that are relevant to the care, custody and control of the minor child, including but not Hmited to provisions relating to physical living arrangements, child support obligations, provision for the child's medical and dental care, school placement and visitation. The Court. after reviewing THE PLAN, determines and further finds that THE PLAN is in the best Interest of the child and hereby approves the same, IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that PJaintiff and Defendant be and they are hereby granted a final decree of joint care, custody and control of their minor child pursuant to Ohio Revised Codl! Sections 3109,04 and 3109,041. ;L 0471p~~!277 .....-01 ~, spencer. It 'Dcw9/wrty .10 ""'..~ ...V....ut ....". ~T()nIIC'.O. ,.U ""......"01 Oo.otO _..1 '.l9 ""I~'ll., J'~ .'~. ,,,. ,;ZUI> le. 8'0' IT IS FURTHER ORDERED, ADJUDGED and DECREED that THE PLAN for the joint care, custody and control of the minor child dated the 11 th day of March, 1993, entered Into by the PIalntIff and Defendant be and the same is hereby approved by the Court, THE PLAN being attached hereto and Incorporated herein as though fully rewritten, and that the parties are bound by the provisions of said PLAN, as originally proposed, or as may be modilled In the Mure and fiJed and approved by this Court pursuant to law. IT IS FURTHER ORDERED, ADJUDGED and DECREED that this Final Joint Custody Decree shaD be separate and independent from and shall not effect the final divorce of the parties. All of the above untO the further order of this Court ~_F;/~ JUD E , I ~ ,... ~ / ~ !:::! c-, ." .,,~;:: ,. ~ ~'..., ...... CO),.,,~ !:I ,." r::: O'j ~ ~ ~ C) C) .Ie :ror,~ "'-,. ~"'e, ....~... .......,. ~Q,- <:.. - !:..~ ,....:C""c:, _c:, ,.,~::- C> ..~ ~""';; It It .. ... ...w.1lllI ;QL 0471~~c~2-;8 2 IIIrll,1I It Q'S,*, ~t%-rt, Iir APPROVED AND RULE 58 WAIVED BY: ~;?~ Patricla L Spencer, Attorney for PIal Normand L Doyon, Jr. J. es D. Fr~, Attorney for Defendant IIa R. Doyon ... or- 0/ ~I spa.ur, :.p....... II: ~ "'O"'~&vl""I.~lN IIOaT 0l"I'lCI eo_ 1.1' . WlI"-,,",, Ot<..o ....1.'''2. ~t2"I.JtJ,U1 '''.'2'1' ".'10" L1~ itZJe ~ a R. Doyon, Defe nt :VOL 0471 rm279 3 '- ... 0/ 'Jlie9cr. .spmccr. ~ a: ~fImy .10IlollAI"lQlIotINQ"......~' "rtW JIOtT ~IC1.o. l.~' W...."', ~t() ....'2 '.2t Tt.I..~12teI3n.I" "'''''121'1 ).......10' DOYON.PLANpIs18 032493 PLS/mlg f!LAN FOR JOINT CARE, CUSTODY AND CONTROL OF MINOR CHILD (Pursuant to Ohio Revised Code Sections 3109.04 and 3109.041) This PLAN is made and submitted pursuant to law and the authority of Sections 3109.04 and 3109.041, Ohio Revised Code ,and entered into this 11 th day of March, 1993, at Warren, Trumbull County, Ohio, by and between NILA R. DOYON, hereinafter referred to as 'Wife", and NORMAND L DOYON, JR., hereinafteT refeTred to as "Husband"; WIT N E SSE T H: WHEREAS, NILA R. DOYON and NORMAND L DOYON, JR" were wile and husband, having been divorced on the 11 th day of MaTch, 1993, pUTsuant to a Decree of Divorce filed in the Trumbull County Domestic Relations Court, Case Number 93-DR-56, and one child has been born to wit: BRITTANY ANNE DOYON, born May 21, 1990; and WHEREAS, there exists certain pleadings before this Court, to wit: Wife's Complaint and Motion and Husband's Complaint and Motion for Custody of said minor child. WHEREAS, the parties desire to Tesolve all outstanding issues presently pending before , this Court; and WHEREAS, this Plan is to be submitted to the Court of Common Pleas, Domestic Relations Division, TTumbull County, Ohio; and WHEREAS, the parties desiTe to make a complete and final settlement as to the issues concerning the care, custody, control, maintenance and support, physical living arrangements. medical and dental care, education and visitation of their minor child, as well as other issues concerning her welfare; and WHEREAS. the parties hereby request that the Court grant them the joint care, custody and control of the aforementioned minor child in accoTdance with this Plan for their exercise in joint caTe, custody and contTol; and I 1),1' 1"1'1 , r .- () ~Ql U,.'.!.f:'...c.O. . Ii Order of the Court of Common Pleas, Domestic Relations Division, Trumbull County, Ohio, that the parties shall continue to have the joint care, custody and control of their minor child during her minority in accordance with the terms more fully set forth herein. The Husband and Wife shall confer frequently with respect to the terms of this Plan, as well as any and all other matters now specifically set forth hereunder concerning the residence, physical living arrangements, maintenance and support, education, recreation and all other aspects of the welfare of the minor child. B. Until otherwise mutually agreed upon by the parties, and approved by the Court, the physical arrangements of the parties' minor child shall be as follows: a) Husband shall have every other weekend from Friday after Plaintiff's work or 6:00 p.m., whichever is earlier, until the following Monday morning. b) Husband shall have the minor child every Sunday from 9:00 a.m. to 1:00 p,m. c) Husband shall have the child any other times during the week whenever he is not working that day. d) Husband shall have one months summer visitation, to be exercised in two (2) two, week peTiods, and the parties's shall alternate holidays, e) Husband's mother and grandmother shall have visitation with the minor child, after arranging with both parents, upon the condition that either the mother or grandmother must be in the presence of the child at all times, and upon the further condition that the child is not removed from the State of Ohio without prior approval of Wife, I) Husband shall have overnight visitation with the child any additional day when WIIe's boyfriend is in town and staying overnight as a guest or IMng as a resident at WIle's residence, Both parties agree that neither shall have overnight visitation with the minor child -~O/ ~1 spcnu.-. :arp..... II: ~ .'0~A"'''AJIII,IW lI'OIT~'M)lIl'.2e ........,. ()MIO ~...t '_,JI ~I:l"IJ..t,'l'l ...... ""1 "."0' at anytime that an unmarried unrelated member of the opposite sex resides with or stays overnight with either party, g) Both parties agree to encourage the relationship of the other with the minor child by agTeeing to liberal visitation, both personal and by teiephone. for the other party, . r- 0,"71 "('1"' ,VOL ":t ?~~J.I..;~' 3 'I I Husband and WIfe further agree that so long as either party resides within Trumbull County, Ohio, neither party shall re\0C8te or attempt to relocate the parties' minor child outside Trumbull County, Ohio. without the prior express wTitten consent of said other party. 3) The aforementioned schedule shall continue through the summer months unless otherwise mutually modified by the parties. ARTICLE III SUPPORT OF THE MINOR CHILD Both parties agree that so long as Wife earns a gross income of $2,000.00 per year and Husband earns $12,000.00 per year, Husband shall pay child support as followS: a) $125.00 per month plus poundage, commencing April, 1993. So long as Husband is offered health insurance through his place of employment, Husband shall maintain and keep in full force and effect a program of hospitalization, surgical and major medical insurance for the benefJt of said minor child. The parties shall share any medical expenses not covered by insurance according to the percentage of child support each is responsible for, presently Wife is 14% and Husband is B6%. Wife shall have the right to claim the minor child as an exemption for purposes of \oC81, state and federal income tax. ARTICLE l'l TRANSPORTATION Each party shall have the responsibility of transporting tho chUd to and from hislher home residence for the purpose of exercising the custody hereinbefore referred to, ARTICLE V ~EDICAUDENTAL AUTHORIZATION .. of!- Of ~, spcnur, :arpcnur &l: 'IlcIu9r.erty .10 IiWlAHC)flIlHQ AvlNUt.. at W "OIiy on<t .ox 1421 w........., 0H10 444eZ,U2I TI\.I~I3:"13I2'\'" ,.. lZ' II ]....to' The parties agree that they shall jointly and severally share the right to authorize reasonable medical and/or dental care for the minor chUd, The parties specifically agree that they shan, If at all possible. confer with the other conCerning the child's medical and/or dental care, However, it is agreed t~ concern~ very routine matters. or in emergency situations. ,~OL 0471p~~lZro Ii ,\ 4 either party shall have the authoTity to authorize the medical and/or dental care of the child without first consulting with the other. However, in the event that an extraordinary and/or substantial medical and/or dental procedure is proposed for the minor child, and the parties cannot agree upon same after consultation, the parties agTee to submit the controversy to the Court for its determination. ARTICLE VI ILLNESS OF A CHILD OR PARENT A Illness of Child 1. Either party's right to have the company and/or physical possession of the child may be suspended during the periods of illness of the child, However, the party whose right has been suspended shall resume company with and/or physical possession of the ill child upon the recovery of the child, 2. Notwithstanding anything hereinabove, if the child is ill at any time, the party with whom the child is then staying shall so advise the other party and permit the other party to visit the child at reasonable times during such illness, For pUTposes of this Article, illness shall mean any sickness or disease confining the child to bed fOT more than one day. B. Illness of Parent In the event that either party becomes ill. and such illness endangers the health of the child, or the ill parent cannot properly provide for the maintenance for the child during hislher illness, the child shall in that event be transported to the residence of the other parent until the recovery of the ill parent, at which time the standard living arrangements of the child as set forth in Article II and Article III above shall resume, -"""0{ ~, spcnur, :.p..4k. A: ~ "O~"Vl.NU',""" "OIT 0I'hC1"1II '.1. w......."", Ot-MO 44A8,J '<<'1 T'IU~l2'.1 :lIZll" .....1211. :I......aoJ ARTICLE VII !.,1l:e$TYLE OF PARENTS Husband and Wife agree to dismiss with prejudice all 01 their respective Motions presently pending belore the Trumbull County Court 01 Domestic Relations, 'VOL 0471mt?8~ 5 ... ..... Of ~. .sponca-, :.p..... It. 1)go'gforty 4'0 n.~ Q~ avtHtA. '" till fIOST O"CI ~. I.a. w.....""" 0..0 .....J.1 .u. ~IJ'.IJ.J.", .....IJI., J.....IC' Husband and Wile further egree that joint custody of their child Imposes certain restrictions upon the lifestyle of each custodial parent and both agree that neither parent may have overnight guests of the opposite gender while said child Is In his or her possession and that breach of this term shall be considered a substantial change of circumstances not in the best Interest of the child and shall entitle the other parent to a declaration of sole custody by a Court of competent jurisdiction, ARTICLE VIII CHILD-SITTERS The parties hereby mutually agree that each party shall have the right of first refusal when the other party desires to obtain a person to watch and care for the child during hlslher absence. In the event that a party cannot andlor does not elect to watch and care for the child under the terms of this provision, the party who intends to absent himselflherself shall choose a person of suitable age, maturity and experience to watch and care for the child at hls(her expense. ARTICLE IX REMARRIAGE OF PARTIES The parties hereby agree that the remarriage of either or both of them shaH in no way affect \he valdlty and enforceability of this Plan, and the remarriage of either or both of such parties, alone, shal not, In and of Itself, constitute sufficient grounds to modify this Plan. ARTICLE X ENCOURAGEMENT Each party agrees that helshe shan at an times encourage the child to honOr, respect and love the other party and shaD not prejudice the child against the other party or attempt to do I so directly or Indirectly. r- 0471 nr>- VOL r'\G!~CU 6 ... or- 0/ ~. .spcnur. 8t 'Daugfierty .'0"AHONIHO .~NUI. N w fI01IT 0l'ACI .oX ,.2e w......... ~ ......2.'.2. T1lr.1~12'..3.2..'" ........l)1.1 '....110' ARTICLE XI LEGAL COUNSEL Wile acknowledges that JAMES FRANK of Warren, Ohio, is her attorney representing her In this matter and Husband acknowledges that PATRICIA L. SPENCER 01 Warren, Ohio, is his attorney representing him in this matter, ARTICLE XII MODIFICATION/AMENDMENT TO PLAN The parties hereby mutually acknowledge that this Plan, as originally proposed, may be modified only and further pursuant to the provisions of Ohio Revised Code Section 3109.04 and 3109,041. The Plan shall be incorporated into a provisional joint custody decree granting the parties the provisional joint care, custody and control of the child, In that event, the parties acknowledge that the provisional joint custody decree may be modified at any time prior to sixty (60) days after the date of its issuance, and that it is subject to termination at any time prior to ninety (90) days after the date of its issuance upon the motion of either party, or, in certain situations upon the motion of the court itself; that if eitheT party or the court itself makes such motion, the court will be required to terminate the'provisional joint custody decree and proceed as if no request for joint custody ever had been made; and that il neither party nor the court makes such a motion prior to the expiration of the aforementioned ninety (90) day period, the provisional joint custody decree immediately and without need for further action, becomes final on the ninetieth (90th) day after the date of its issuance, subject to further modification or termination authorized by law, ~R11CLE XIII S~RA8ILrrl The invalidity and/or unenforceabllity of any provision, term or condition of this Plan shall not have any bearing on the validity and/or enforceability of the remainder of this Plan, and MocliflC8tions or amendments submitted by the parties shall be effective upon their inclusion by the court Into the Plan, r 0471 ('r-.... VOL p"~[k.tl,J , ' 7 .... of'- 0/ ~. .spmccr. c..pc..u. II: 1lau9~ .tO~AY''''''''1 "''/11 ~ ~H:lIO. tea' W4MIN. c>ttO "..'2-u,1I T1LI~ 121'111.21'" '....'21.' "..,to1' ARTICLE XIV EFFECTIVE DATE This Plan shall inure to the benefit of and be binding upon the parties and In appTopriate circumstances, their respective heirs, executors, administrators, successors and assigns, and may not be modified nor changed other than as provided in the preceding Article, and/or as provided by law. Failure of either party to insist on strict performance of any of the provisions of this Plan shall not be construed as a waiver of any subsequent default of the same or similar nature. This Plan shall become effective upon the approval of the same by a court of competent jurisdiction. ARTICLE XV FULL UNDERSTANDING Each party fully understands all of the terms herein set forth, and that all of the terms represent and constitute the entire understanding between them as to the matters described herein. Each party has read this Plan and finds the same to be in accordance with his/her understanding and request for the joint care, custody and control of their minor child, and each does hereby voluntarily execute this Plan and affix his/her signature hereto in the presence of the witnesses indicated below. ARTICLE XVI COOPERATION The parties hereto agree to cooperate with each other in every respect as shaD be necessary, In order to effectuate the express and/or ImpHed terms, condltlons and provisions I of this Plan for the joint cere, custody and control of their minor child, ';OL 0471r:.cE287 e 11 _0JlI0-0/ ~. spencer. c.rpa- It 'DdugMrt.Y .'O~",~"V'NVIIilt'/'ll ~oP'"'C'lOll ,an wAAfIII""_ 0....0 4....J '.2' '"U~121'1.1'2''''' .... L2 '.' J'.1l}Ol ~RTICLE XVII ~NTIRE AGREEMENT Subject to the provisions of the preceding Article. this Plan contains the entire understanding and plan of the parties. and there are no promises. representations, warranties, covenants. or undertakings other than those expressly set forth herein, ARTICLE XVIII APPROVAL OF PLAN: PROVlSIONAUFINAL JOINT CUSTODY DECREE In the event this Plan is approved by a court of competent jurisdiction. as contemplated by the parties, pursuant to the provisions of Ohio Revised Code Section 3109.04 and/or 3109.041. if possible. the term. provision or condition deemed invalid and/or unenforceable shall be stricken and given no force and effect. and the remainder of such Plan shall be given lull force and effect. ARTICLE XIX SITUS This Plan shall be construed, enforced and governed by and In accordance with the laws of the State of Ohio, and specifically in accordance with the provisions of Ohio Revised Code Sections 3109.04 and 3109,041. and shall be binding upon the parties hereto, and wherever appropriate and possible, upon their respective heirs, personal representatives. successors and assigns. IN WITNESS WHEREOF, the parties have affIXed their signatures at Warren, Ohio, on the date and year first above written. to three (3) copies of this Plan for the Joint Care, Custody I and Control of Minor Child. each of which shall constitute an original, SIGNED IN THE PRESENCE OF: f,G' As to NiIIL,A' eoyon ~~~ /,. -n.-- ~, Doyon ~ ~J1.u~ As to NUB R. Doyon ~L C47\( :~1 . ... ~ OJ 1ll<ga'. spmur. &l:~ 'O.....~...vll\tu....."" -011' ~lCl eo. 1~2' w....... (lMIO .......2 1_21 ,..~ 12'.1 'Ia "" 11".12". J.....IO' 'LJ )j~, '710Lol~, As to Normand L Doyon, Jr. STATE OF OHIO ) )SS COUNTY OF TRUMBULL ) - Normand L. Doyon, Jr. Belore me, a Notary Public, in and lor said County and State, personally appeared the above named NILA R DOYON who acknowledged that she did sign the loregoing Plan lor Joint Care, Custody and Control 01 Minor Child and that the same Is her free act and deed, STATE OF OHIO ) )55 COUNTY OF TRUMBULL ) IN TESTIMONY THEREOF, I have hereunto}Elt my hand and offi ' I seal, at Warren, Ohio, this ,).5' day 01 . ,1993, ~ ~' Belore me, a Notary Public, in and for said County and State, personally appeared the above named NORMAND L DOYON, JR, who acknowledged that he did sign the foregoing , Plan lor Joint Care, CUS10dy and Control 01 the Minor Child and that the same is his free act I and deed. IN TESTIMONY THEREOF, I have hereu~et my hand and official seal, at Warren, Ohio, this day 01 _)", (0.\1 ,1993, I R~ 1~ it,.~Uh-' Notary PubrlC laRUE HARSHMAN Notary NlIlc. Slate 01 0N0 My Cornmlulan EJpne 8-2H5 :VOL 0471m:.:Zf9 10 , ,,' IN THE MATTER OF: I -\ I NORMAND L. DOYON, JR. I I Plaintiff I I va. I I NILA R. DOYON I I Defendant I oc~ ~t} ",L. \. '~ !\~ " l:- f -' -; \' , ,~ ) ,- " \ ~. ... <fI- Of ~, Spatur, JlrpalUl 4t ~ .10.......~...vlM.J....", ~onlCllO. ,.~. wr.AMtIIli. OHIO ....2 '.2t TIl.t~(21',J'J'I'" ~.... (2'11 3....Sao'" 9-15-93 ::I1PPLEMENTAL JOURNAL OF DIVORCE FILED. SEE J/E. NORTON, JUDGE DOYON,2DECREEpls1 e 032493 PLS/mlg - ;) RECEIVED 'JCT IN THE COURT OF COMMON PLEAS DIVISION OF DOMEsnc RELATIONS TRUMBULL COUNTY, OHIO 2 1:95 v' Case Number 93.DR.56 Judge Thomas F. Norton JOURNAL ENTRY OF JUDGMENT DECREE OF DIVORCE This matter came on for hearing this 11 th day of March, 1993, upon the Complaint for Divorce filed by Plaintiff herein, NORMAND L. DOYO,N. JR., and upon the Complaint for Divorce filed by Defendant herein, NILA R. DOYON. Both Plaintiff and Defendant were present in Court and represented by their respective counsel. The Court finds as fact that the parties hereto have been residents of the County of Trumbull for ninety days and the State of Ohio fOT six months prior to filing of the Complaint herein. The Court further finds as fact that the marriage hereto has resulted in one issue being born herein, to wit: BRITTANY ANNE DOYON. born May 21. 1990, The Court finds as further fact that based upon the testimony of the parties. Plaintiff and Defendant are incompatible, and a divorce upon said grounds shall be granted, The Court being advised that the parties have negotiated a full and final settlement of all relevant matters hereto, and the Court having found such settlement to be fair and equitable and in the best interest of the parties minor child. it is THEREFORE. hereby ORDERED, ADJUDGED and DECREED as follows: 1) Plaintiff and Delendant aTe each granted a final and complete divorce from the other on the \1Tounds of incompatibility, r 0.471 271 .VOL ~ pm. 2) Plaintiff shall pay the costs of the action herein. 3) All pending Motions and Objections are merged herein and theTefoTe dismissed. Final 4) The attached ~ Joint Custody Decree shall be made a part hereof and incorporated herein as i1lu11y rewritten, 5) The parties shall share joint custody of the minor child, to wit: BRITTANY ANNE DOYON. born May 21, 1990, and Defendant. NILA R. DOYON, shall be designated the residential parent for same, 6) Plaintiff. NORMAND L. DOYON. JR., shall have possession of the said minor child as follows: a) Every other weekend from Friday alter Plaintiff's work or 6:00 p,m.. whichever is earlier, until the following Monday morning, b) Plaintiff shall have the minor child every Sunday fTom 9:00 a.m, to 1:00 p,m. c) Plaintiff shall have the child any other times dUTlng the week whenever he is not working that day. d) Plaintiff shall have one months summer visitation. to be exercised in two (2) two-week peTiods, and the parties's shall alternate holidays, after e) Plaintiff's motheT and grandmother shall have visitation with the minor child HVef't arranging with both parents, upon the condition that either the mother or '#l'g d. ,uda,' ~:tlle=Ghild!1 . gj,>JlI~ day: ClJe:tlotnr:upoo :tlle==l'Ic:liticntnm: eitlleF:tlle mother or grandmother must be in the presence of the child at all times, and upon the further condition that the child is not removed from the State of Ohio without prior approval of Wile. I) Plaintiff shall have overnight visitation with the child any additional day when Defendant's boyfriend is In town and staying overnight as a guest or living as a resident at Defendant's residence, Both parties agree that neither shall have overnight visitation with the ... 011- Of ~. .spcnur. It 'Ddugf1crty 'O.....H()foeIH() "vl"tuI, fI'l "" "OIT Q4J-tCl eo. 142. w....'" ()MtCl ....2,' 'u. ~12"13'2..'tl ..... .J"I 314-110' minor child at anytime that an unmarried unrelated member of the opposite sex resides with or stays overnight with either party, g) Both parties agree to encouTage the Telationship of the other with the minor child by agreeing to liberal visitation. both personal and by teiephone. lor the other party, ~L 0471 ml272 2 7) Based upon Plaintiffs estimated future income of $12.000.00 per year, and based upon Defendant's pTesent income of $2,000.00 per year, Plaintiff shall pay to Defendant as and for child support the sum of $125,00 per month, plus poundage, commencing April 1, 1993, payable by wage withholding through the Trumbull County Bureau of Support, Defendant shall be entitled to take any and all tax deductions for the parties' minor child. 8) The parties pet dog shall become the pToperty of Plaintiff, who from this date shall have sole and exclusive possession of same, 9) Plaintiff and Defendant agree that neither has any owneTship interest in the mobile home in which they pTesently reside, and both agree to immediately transfer title to same to Plaintiff's paTents, the persons who paid for same and are the proper owners of same. to) The parties agree to cooperate with each other in the joint aT separate filing of the 1992 tax Teturns, The parties will decide which way benefits them most, then will split equally whateveT tax Tetum is received by either party, 11) The parties own title to one automobile, to wit: a 1983 ChTysleT New Yorker. Said car is presently titled in Plaintiffs name with a lien theTeupon to Second National Bank of Warren. Said lien is co-signed by Plaintiffs parents, The parties hereby agTee that said automobile shall become the sole and exclusive property of Defendant. Plaintiff shall pay and hold Defendant haTmless upon the debt for same owed to Second National Bank, However, this agreement shall not take effect unless and until Defendant provides Plaintiff with e~;dence of insurance upon said automobile in at least the amounts presently carried by Plaintiff. and which insurance names Plaintiff as title owner, Further. Defendant agrees to pay and hold Plaintiff harmless upon any liability Plaintiff may have as a Tesult of Defendant's use of said automobile, FurtheT, Plaintiff and Defendant '- Of'- Of 1ll<gcr. spmur. &l:~ tQ M.A~ "'V''''''I. lit "" "CST O#'lCI ~ll ,.at VIliAMt"'- ~tO ........1.2. Ttt.J~lal.1JIUllt'Jl .....l.'.! 3'''SIO' will continue to cooperate and attempt to transfer title out of Plaintiffs name to Defendant. which If not accomplished sooner. shall be effectuated at the time that the lien to Second National Bank Is paid in full. ~L (}471p~r~?73 3 _.".. Of 'J:l!l!F. Sfltt'C6. :-P"*" It 'Daa~ HO'llfl. C QAvtNlJ....tN ~O"CI.oJl '.31. W......., QMlO ....,.,.,. ~la"IJ'2"'" ,.... 11'11 '....10' 12) By no ...ler than Monday, March 15, 1993, Del~, ,dant shall pay to Plaintiff the sum 01 $221.00 as reimbursement for long distance telephone bills. and Defendant shall pay any future bills received by Plaintiff that were made to Defendant from a person unauthorized by Plaintiff and charged to Plaintiffs account. 13) The parties shall divide all personal property as listed on the attached Exhibit A. 14) Plaintiff and Defendant shall each forever waive any rights to spousal support from the other, and each party shall be solely responsible for the respective attorney fees for each. It is so ordered. q It" /Y;:J Date . 7f~ ~ /Ink Judge Thomas F. Norton SUBMITTED AND APPROVED BY AND RULE 58 WAIVED BY: ~/~ Patricia L Spencer. Attorney for Plaintiff, Normand L Doyon, Jr, '<: :> ~ - ... " ... 1'= - z:tn: (..." :""J_. --- .. :r ;: , ~ ~'.a :w- ~ .. :,- -~' " - - ... ~;... - -, , ... .~.. ... - ~ ;:~o -- - . .- ; n~. - 0,,,- , ~ co ... . z z ~ ... )OL 0471r~~~27-! 4 ,........e~tr j ........,. It, O'8nIn y;rr:--~ ~ " / J . / , J\01lHl J W; 1\ a. Qr<:e.,. -to /Vt:rlf}A-V(T c.. ...' }-_# 'V ~~ i ~ ~u+ ~ +h.-So ~~}1 }JaG- 'Dcyo,j C,\~ o.~tces. 7l~N-I- ~ N"\ "-1...:.(\ w', \\ fc::A"o..i ~ ~ '~i 4- I I lc.:>..JC ~eo-:r-. , '!...o4~~~le \ d. e~ {Cl...Ia1~ I I boc:..I<. ~sc.... I ~rco .-'1l-L.A, I ~~no ~UeM. V.:2 ~ '~\-e ~~MS., I fe!n'8,I"'CLo'l..r I I \J~c:., I t":~""r r'''''\.ch:,.:>e..., 1 T't\.iccc:...;,~, , ~c:4", I ~'r.:\~ : ~, .. . \ .:\.,\ ~ W l.'.-.. r . i. ,'~ e)l..(!~P.f.""O... M,& a, ..~. : '" .,,-, .lo...~~ ~'I ~ud I (!.~ f().(!_~ L~L"""'PJ . ",.. ~..'" I I ~~ ,1.J"'t'~J""( ,..-. \, ~e.~~: ~4.../,~ ..dy~ , "-, cl.c\C"CS<:>~r. '~'''-'l ~d '~I L,A.X:,.' ," ~~,~.....)".~ ~s. , d\~ ~c.":'_c. ..- ,,\ ','" ......~ I ':t. \\ ~....:.~. w. ,-K.~. efe,.' '''A./I-, . ..: '"'p:.. I ek~~ ,c"C'-u.,e. / a:.- ""A/1/,66.Jt!'I.- ,-1; r::,J(f.A"t!',V, 4'",II~".:... '#/",J.~ I ~,""I!'~/ 1''''3/ ' CUI ".'.!:: I-"A.s.s/A.IA;~. All '()~I /"q.v~,it.(Js, ! ", A~a./ e4t!i:., v '"-tn-,t;,JAJe /..,,.,.,~. ! .$t!jt1A,)AJ("r, l' ,I 6,_~ (..-~. / &.v',::>>i,iclp ~/,,' 1"<-.'0 ~",n-l~, , ...~c.", \C::A..'<I('.l', ~~. ~.~I'"i~':"~.~~ ~;;- I \.'::-~<<""'" ,,,..,:._.\,'...Jt_ . ...x..l.'~~k.r: '-' . (J \ '~'." ,', ". <..... ,. '\' ,.1.", ,," : --~ '" : ) r.. ", .. ..... -"" ,1_' - ...\ ~v.. ';QL 0471,m2io UHIIIT A VERIFICATION I, Nila R. Doyon, verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my Jcnow:"edg'!, information and belief. 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. /' fJ ~~-<//7--- N~la R. Doyon Date: 1-// ~S- "'"' cam ~~ :..;t:; '>rl. :, ' , \c) \~ ,;:,~,~.j ~ , '.'''l' , , .. 4,' ~ '4: ~ - =-::: Ql",.. :r N N ...., .... <-> c::> ~ >. Q, .. y U u .. .. .. y ... .. .. u 2 ;;... .. u .. .J:J ~ .. .. -.... WI Q :="0 - u >..::: .... .... t:'; .. .. '.", '- "'"'-~ .J:J !:: .. - .. " 11"", . . -- "- \1.- "- I"- .........'-+0 Nl I\') ''1 ~ \::.J~ o cj ... a: 1: Ifi~ o z s.! :I z ;",10 a:Cl~ wzz Uoz ..uw wll. !::' i~ci E Iii !:: ..:: ~ ~ ~ ;( . \ . ~ NILA R. DOYON, Plaintiff vs. ) ) ) ) ) ) ) ) ) CIVIL ACTION - CUSTODY, PARTIAL CUSTODY, VISITATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORMAND L. DOYON, JR., Defendant CIVIL ACTION - LAW NO. 95-5260 CIVIL TERM ~ ORDER AND NOW, this ft day of ~, 1995, upon receipt of . the Conciliator's Report, it appearing that the parties have agreed to the terms end provisions of this Order which was dictated in their presence and approved by them and Plaintiff's counsel, it is hereby ordered and directed as follows: 1. The parties agree that the Order entered on the 11th dey of March, 1993, in the Court of Common Pleas, Division of Domestic Relations, Trumbull County, Ohio, should be terminated and the Court of Common Pleas of Cumberland County, Pennsylvania, shall assume jurisdiction of the matter. 2. Legal custody of the minor child. Brittany Ann Doyon. d.o.b. 21 May 1990, is shared by the parties. 3. Primary physical custody of the minor child is with Mother subject to periods of partial custody and visitation with Father as follows: r.> .,1 . c; , , n -- "- -, ,. I ::1 .--) , iT! '. d . .:.. - , -, I ,) . , :r- '0' .- . ;J - ) . .' 1I .' ,j , , . ~ ~, Coo _t'_. -' ... , A. Every other weekend beginning on Friday at 5:00 p.m. until Sunday at 6:00 p.m., provided that Father has a residence in Pennsylvania. In the event that Father does not have a residence in Pennsylvanie, then he will be entitled to alternating Saturdays from 9:00 a.m. until 6:00 p.m. and alternating Sundays from 9:00 a.m. until 6:00 p.m. 4. The parties will alternate the major holidays, those major holidays being defined as Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving. Father will have Easter, 1996, and the schedule will alternate thereafter. 5. The parties will share the Christmas hOliday. Mother will have the child from 24 December at 12:00 noon until 25 December at 12:00 noon, and Father will have the child from 25 December at 12:00 noon until 26 December at 12:00 noon. 6. Both parties will have reasonable telephone access with the child. 7. Such other times as the parties may agree. BY THE COURT, Paige MacDonald Matthes, Esquire Mr. Normand L. Doyon, Jr. mlb C!-<f....", ,....~.( ,A.j''fI'1.s k' ., . .. . NILA R. DOYON. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NORMAND L. DOYON, JR., Defendant CIVIL ACTION - LAW NO. 95-5260 CIVIL TERM CIVIL ACTION - CUSTODY, PARTIAL CUSTODY, VISITATION JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts) CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(bl, the undersigned Custody ConciliatoT submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME BIRTHDA TE CURRENTLY IN CUSTODY OF Brittany Ann Doyon 21 May 1990 2. A Conciliation Conference was held on 30 November 1995, and the following individuals were present: the Plaintiff and her attorney, Paige MacDonald Matthes, Esquire; the Defendant appeared pro se. 3. Items resolved by agreement: see Order attached. 4. Issues yet to be resolved: see Order attached. 1 . 5. The Plaintiff's position on custody is as follows: see Order attached. 6. The Defendant's position on custody is as follows: see Order attached. 7. Need for separate counsel to Tepresent child: NeitheT party requested and the Conciliator does not believe it is necessary. 8. Need for independent psychological evaluation or counseling: Neither party requested and the Conciliator does not believe it is necessary. Date: 11 December 1995 /" ,'j Michael L. Bangs Custody Conciliator (/ 2 d:\doyon\enler,pn: file (I 4<J94-'l6-lJ1 NILA R. DOYON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-5260 CIVIL TERM Plaintiff va. NORMAND L. DOYON, JR., Defendant IN CUSTODY ffiAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as the attorney for the Defendant, Normand L. Doyon, Jr. FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C. Attorneys for Defendant I, Date: , II I' I II 3 I,Nt I I By: r.--' .,-, " aro J, Undsay, uire D # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 'I II II I i I II -,. .-::; u. 111: (,.1; t.: : '.' o , , ....~, , L" ! L.:_ l.I \l.Iu)lIn\ru\llkJ) mild rile:' 4'1'14.%,111 NILA R. DOYON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent VB. CIVIL ACTION - LAW Ij: " NO. 95-5260 CIVIL TERM I" NORMAND L. DOYON, JR., Defendant/Petitioner IN CUSTODY ORDER OF COURT AND now. this l.Qil'\ day of~. 1996. upon consideration of the attached Petition. it is hereby directed that the parties and their respective counsel appeaT before . 1"'.. 1-", I I. &""J' \",,, . the conciliator. at 7,.,,) ') I fj 11. ("j, {{l;. HII . on the 1(. " h day of (VI" I . 1996. at 1 ,trJ o'clock i. m. for a pre-hearing custody conference, At such/conference. an effoTt 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 temporaTY order. Failure to appear at the conference may provide gTounds fOT entTY of a temporary or permanent ordeT, For the COUTt. ':7;/;' I / j" By: /): /-lc:!:n"I('.-/l~ ((fO)fJMJt-~r. Custody Conclhntor ~l 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. Office of the Court Administrator Courthouse. 4th Floor Carlisle. Pennsylvania 17013 (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 :1 I i The Court of Common Pleas of Cumberland County, Pennsylvania. is requiTed 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 COUTt. please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business befoTe the Court, By the Court. I' II I, 'I Date: J, d:\doyo"\r"lndy,mod file' 4'1l4,'Ho-lII 6. Petitioner is an over-the.road truck driver who resides with his parents in Ohio. He does not and cannot have a residence in Pennsylvania, 7. The paternal gTandparents reside in Ohio and weTe intimately involved in the child's life during the period of time when the child resided in Ohio from her birth until March, 1995, at times providing day care. 8. The present Custody Order does not permit contact with maternal grandparents unless the grandparents were to come on a weekend to Pennsylvania, since the longest period Petitioner has custody of the child is a weekend. 9, The present Custody Order does not serve the interest of the child in maintaining contact with her paternal grandparents, OT contact with her father, WHEREFORE, PetitioneT prays this HonoTable Court to modify its Order of December 13, 1995, FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C. Attorneys for Defendant/Petitioner By: '- :u Carol J. Und ay, Esquire 10 # 44693 11 East High Street Carlisle. PA 17013 (717) 243-5513 , ,---- , :, " II 1 I I ,\ ~ I, the undersigned. hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. .:,>=AJ~ ; Normand LOn. Jr, '2/17/16 Date: EXHIBIT " A" ., ,. '~.. ~. ,. " .' tlnAttr. L. BAI"OIl ':" ":'ATTOn~Y ('T LAW ' , il'b~ ~ Ie:+.. ""'IT , '1lIl,I.'r;UNlfSvt.VAIIIA "011 -.f1"" , ~.. .'1,. ' , .,~, l, -' -..:- -, ~, "'.'.....,. ,~- .,.~,,', , --- ~. NILA R. DOYON, Plaintiff va. NORMAND L. DOYON, JR., Dafandant AND NOW, this 13:tA. day of ClRTlI'1ID COItV OECJ 2 ~ A~PllR .... .~_. I . ~; . I I I I I I I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-5260 CIVIL TERM CIVIL ACTION - CUSTODY, PARTIAL CUSTODY, VISITATION QRDER i:...'.J.c.- . , 1995, upon receipt of the Conciliator's Report, it appearing that the parties have agre,ed to the terms and provisions of this Order which was dictated in their presence and approved by them and Plaintiff's counsel, it is hereby ordered and directed as follows: 1. The parties agree that the Order entered on the 11 th day of March, 1993, in the Court of Common Pless, Division of Domestic Relations, Trumbull County, Ohio, should be terminated and the Court of Common Pleas of Cumberland County, Pennsylvania, shall assume jurisdiction of the matter. 2. Legel custody of the minor child, Brittany Ann Doyon, d.o.b. 21 May 1990, is shared by the parties. 3. Primary physical custody of the minor child Is with Mother subject to periods of partial custody and visitation with Father 8S follow.: A. Every other weekend beginning on Friday at 5:00 p.m. until Sunday at 6:00 p.m., provided that Father has a residence in Pennsylvania. In the event that Father does not have a residence in Pennsylvenla, then he will be entitled to alternating Saturdays from 9:00 a.m. until 6:00 p.m. and alternating Sundays from 9:00 a.m. until 6:00 p.m. 4. The parties will alternate the major holidays, those major holidays being defined as Easter, Memorial Day, Fourth of July, Labor . Day and Thanksgiving. Father will have Easter, 1996, and the schedule will alternate thereafter. 6. The parties will share the Christmas holiday. Mother will have the child from 24 Decamber at 12:00 noon until 26 December at 12:00 noon, and Fathar will have the child from 25 December at 12:00 noon until 26 Decembar at 12:00 noon. 6. Both partias will have reasonable telephone access with the child. 7. Such other times as the parties may agree. BY THE COURT, -LJJ ~tl3"- r'. }~fL' Paige MacDonald Matthes, Esquire Mr. Normand L. Doyon, Jr. mlb , " , , , J. t ... II,~ '''I,tl "'" )...'ft, i~'i.!l.' _.~h<lLl a, ~.'.'1u........ 1.1 rICil..'....,,'! JI" NILA R. DOYON, Plaintiff vs. NORMAND L. DOYON, JR., Defendant ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-5260 CIVIL TERM CIVIL ACTION - CUSTODY, PARTIAL CUSTODY, VISITATION JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts) CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL ., PROCEDURE 1915.3-8Ib), the undersigned Custody Conciliator submits the following report: 1. The pertinent Information concerning the child who is the subject of this litigation i. II follows: NAME BIRTHDA TE Brittany Ann Doyon 21 May 1990 CURRENTLY IN CUSTODY OF 2. A Conciliation Conference was held on 30 November 1995, and the following Individuals were present: the Plaintiff and her attorney, Paige MlcDonald Matthes, Esquire; the Defendant appeared pro se. 3. Items resolved by agreement: see Order attached. 4. Issues yet to be resolved: see Order attached. 1 6. The Plaintiff's position on custody Is as follows: sae Order attached. 8. Tha Defendant's position on custody Is as follows: see Order attached. 7. Need for separate counsel to reprasent child: Neither party requested and the Conciliator does not balleve it is necessary. 8. Need for independent psychological evaluation or counseling: Neither party requasted and the Conciliator does not believe it is necessary. Date: 11 December 1996 ISL Ichael L. Bangs Custody Conciliator 2 , I \ I I II ,I II II II il \1 1\ \1 II ,I I' I! I! I' ,I II Ii !; ii II I ii i: I, I, i: MILA R. DOYON, : IN THE COURT OF COMMON PLEAS plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-5260 CIVIL TERM NORMAND L. DOYON, JR. , CIVIL ACTION - custody, Partial Defendant custody, visitation PROOF OF SERVICE I, paige Macdonald-Matthes, Esquire, do hereby certify that a true and correct copy of the Complaint for custody in the above captioned matter was served on Defendant, Normand L. Doyon, by First Class, certified, Restricted Delivery Mail, postage prepaid, on November 27, 1995. The receipt card is attached hereto. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: Mav 28. 1996 BY~ 1~c~~-;;a~~~~t~h~'~~~~ire 1.0, #66266 2320 North Second street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 (Attorneys for plaintiff) ii Ii I' ,I I' 'I ii ': .~"","".._,,*._'-'~"''''''''-''''''.-'.._' ,j II p i I also wi"" 10 rocelve 1 I ~ - 3. Illld .. · .. .~ .,,';', following "",leu (lor 111 ..If I' PIlot """ _Illld _ on lito...., 01.... '-...... we.... ~-l'. .. CINI to you. '. ..., ,.. "._'-..... _ Jr'. _......... '*'" ~ _ I. 0 AdcltHIM'l AdclrNI -............ I . _.._~..... ,............--..........- fWD J a . 1.__....".._..........".._ond....- 2. _,..lricled DelIvery .-3 . C~~I ~I.'~'". I ,AIlICII AddrllIId 10: 4a. Arl~ ~ (Y\f. ),lCf'1'l\a r<:.H (b ~ Ot'\ .r., . 'i'1 :::> 5 J ().05 Su~~li\o..yv~41~ ~'R~ytMI DI_ G' \Q I'l ~lf1ified 0 COO I V'\O TAn DJ.. S- 0 Ex","" MelI 0 Rewm ReceIpl lor . 11I0~ II ~~- ~ 8. Addf_'1 AdclrNI ,Only If '"-\ i ond ,.. il p6!1 \ " I PlF_ . ,0 1881 .w..._I.....,.. STIC RETURN RlCEIPT ll:\do)lIn\l'ulo.h.J)lr>'P lilt: 1/ .l"'.I.%.1I1 NILA R, DOYON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO, 95.5260 CIVIL TERM Plaintiff/Respondent vs, NORMAND L. DOYON, JR" Defendant/Petitioner IN CUSTODY STIPULATION FOR CUSTODY THE parties hereto stipulate as follows: 1. They are the parents of Brittany A. Doyon. born May 21. 1990. 2. On December 13. 1995. the Court of Common Pleas of Cumberland County, Pennsylvania entered an Order for custody of Bnttany pursuant to a conciliator's conference. 3. The parties modify the terms of the agreed upon Order to the extent that it determines the rights of partial custody In Normand L. Doyon. Jr.. hereinafter FATHER, so that FATHER shall the rights of partial custody as follows: a. Two weekends per month from Fnday at 5:30 p.m. until Sunday at 7:00 p.m. provided that FATHER gives to Nila R. Doyon. hereinafter MOTHER, 48 hours notice in advance of the tl/ne when he Wishes to exercise this right of partial custody. During the penod of weekend custody. FATHER will provide to MOTHER the name and address of any place where the child and her father will be staying over the weekend b. For four weeks dunng the Summer to be exercised In 1996 from July 5th through July 31st During that penod of partial custody. It IS anticipated that the child Will travel to OhiO to VISit With her grandparents FATHER will use II:\tlll)lln\I'U\httlp.II' 1I1l" .,'rll.'I"-1I1 any vacation time which he is taking in a year during this Summer period of partial custody. c. The alternating weekends of Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving commencing in 1996 with FATHER having the child for Easter. d. Every year from noon on December 27th until 7:00 p.m. on December 31st. During that period of time. it is anticipated that the child will be traveling to Ohio. FATHER. or his designee. Will not risk travelling during weather which renders the trip unsafe. 4. All other terms of the Court's Order of December 13, 1995 shall remain in effect. 5. The parties intend that this Stipulation become an Order of Court. ~.-, , At"~'/.4.v/X /' Nila R. Doyon. Mother DATE: ~ft~ DATE: J:dv.L I~" PR.<J~;UO-l~M.'( off'ce .A...bOE,n\ ~E' ~ "t. /99 b.