ELECTRONICALLY FILED COURT OF COMMON PLEAS Monday, December 11, 2023 5:46:03 AM CASE NUMBER: 2022 DR 00353 Docket ID: 616902895 Mike Foley CLERK OF COURTS MONTGOMERY COUNTY OHIO
ELECTRONICALLY FILED COURT OF COMMON PLEAS Monday, November 27, 2023 3:12:18 PM CASE NUMBER: 2022 DR 00353 Docket ID: 803536904 Mike Foley CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY,OHIO DIVISION OF DOMESTIC RELATIONS
KATHERINE McCLAIN 502 Shiloh Drive
:
Dayton, OH 45415
:
Plaintiff,
:
CASE NO.2022 DR 00353 SETS NO. 7130915221 JUDGE DENISE L. CROSS
MAGISTRATE NICHOLAS SYLVAIN
vs.
:
DANIEL McCLAIN c/o 33 W.Dixon Avenue
:
Dayton, OH 45419
: CHILD SUPPORT AND VIOLATING
MOTION TO SHOW CAUSE FOR FAILURE TO PAY TEMPORARY TEMPORARY RESTRAINING ORDER
Defendant.
:
Now comes the Plaintiff, Katherine McClain, by and through counsel, and hereby moves the Court as follows: BRANCH I
(Failure to Pay Temporary Child Support)
I. For an Order finding the Defendant, Daniel McClain, in contempt ofthis Court for his failure to pay the temporary child support as Ordered by this Court. BRANCH H
(Violation of Temporary Restraining Orders)
II. For an Order finding the Defendant, Daniel McClaim,in contempt ofthis Court for violating the Temporary Restraining Orders issued June 16,2022 by changing and/or cancelling the homeowners and auto insurance.
BRANCH III
(Violation of Temporary Restraining Order)
III.
For an Order finding the Defendant, Daniel McClaim,in contempt ofthis Court
for violating the Temporary Restraining Orders issued June 16,2022 by incurring debt in the name ofthe Plaintiff.
BRANCHIV
(Request for Attorney Fees and Court Costs)
IV.
Plaintiff further seeks an Order of reasonable attorney fees and court costs
associated with the filing ofthis action. BRANCH V
(Other Relief)
V.
For such other and further relief to which the Plaintiff may be entitled to in law
and/or equity.
Respectfully submitted, /s/ Trisha M. Duif
Trisha M. Duff(0052147) BIESER, GREER & LANDIS,LLP 6 N. Main Street, Ste. 400 Dayton, OH 45402 (937)223-3277 Phone (937)223-6339 Fax
tmd@biesergreer.com Attorneyfor Plaintiff, Katherine McClain
CERTIFICATE OF SERVICE
I hereby certify that on November,^^ ,2023,this document was electronically served upon the following: Adam R. Mesaros
MESAROS LAW OFFICE,LLC 7051 Clyo Road Centerville, OH 45459
arm@mesaroslaw.com Attorneyfor Defendant, Daniel McClain
/s/ Trisha M. Duff
Trisha M. Duff(0052147) Attorneyfor Plaintiff Katherine McClain
4861-9396-6480, v. 1
AFFIDAVIT
STATE OF OHIO
COUNTY OF MONTGOMERY)SS:
I, Katherine McCIain, the Afliant in the action herein, state that I have read the
accompanying pleadings and find them to be true to the best ofmy knowledge and belief.
Katherine McCiain
Sworn to before me and subscribed in my presence by the said Katherine McClain,this day ofNovember,2023.
Notary Public M. DUFF, Attorney at Law
HQtary Public, Stats of Ohio My Commlesion hat no expiration date. Section
0. R. C.