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Home My WebLink About98-03617 1 ! t i i I I .~ I 'I .., I :::J . ,~ ~I v 1 ~I ~ .< " II) ~ c5 I:l ~ h1. ';~J\.. ~h:i~, ,;~;~ "t~~)~ "~;~ ',\ <, \ \ \ \ \ I , ! I i I I I I J .1 s.j -..' ~l , 'J ! ..........J . J . :5~ \:01 J ~J ........j '-0.3 ' ~l j ,J ~ ..~.. I ~ ~ , , ~ tile motileI' IIl1s heen using i IIl'gill drugs IInd to tile hest or tile ratller's knowledgl', till' children lIre aware or tile mother's use or tile illegal suhstances. b. Tile cllildren have been neglected by the motileI' in that she has not kept tllem clcan. red tllem, nor batlled tllem; has left tllem unattended; has missed publ ic assistance appointments resulting in her not getting the proper nourishment 1'01' the ellildren, and when she lert the mllri tal residence in June, she took the fami Iy's rood stamps. c. On or around June 17, 1998, the mother left Zachary, the part les' three year old son, at the home or her friend for at least one night exposed to danger in the uninhabi table trailer which had muny dungerous defects including, but not limited to, torn up floors with holes and exposed beams and a backed up sink which could not be used. d. In 1996, the mother took the ch.i Idren and would not allow the futher to see them for a period or a several weeks; the mother has recently directly and indirectly threatened to take the children causing the father to fear that she would again keep them from him indefinitely. The mother has relatives in Texas and the children have told the father recently that mommy was moving exacerbating his fear. WHEREFORE, the plaintiff requests that this court enter a Temporary Order granting immediate primary physical custody of the children to the plaintifr subject to supervised visitation wi th the mother on condi t ion that she not leave this Court's [ .. Daniel McCllusl in, 1'1 II i n t i 1'1' I N TilE ('OIlHT 01' COMMON I'I.E/\S 0/' ClJMIlI';f<I.IINIJ COllN'J'\', I'ENNS\'I.VIIN 1 /\ \'. C I V II. i\('T I ON - I.IIW Kimherly McCllusl in, Defendant NO. 'i8-~(..17 CIVIl. TERM CUSTODY [OMI'I./\ I liJ FOI~ CUSTODY I. The plaintiff is Dllniel McCauslin, residing at 215 Mllrlette Drive, MeChllnicshurg, Cumberland County, PennsYlvania 17055. 2. The defend,lnt is Kimberly McCallsl ill, residing at .142 Maple Lane, Carlisle, Cumberlllnd County. Pennsylvilllill 1701.1, .1. The plaintiff seek;; custody of lhe following children: Name PreSl:J.ll Re;;idence t\~e Casey Lee 215 Marlette Dr i Ve 7 McCauslin Mechanicsbllrg, PA D.O.B. 11/12/90 Brittany Mar ie 215 Marlette Drive 6 McCaus Ii n Mechanicsburg, PA 0.0.13. 4/27/92 Zachary Di I Ion 215 Mar lette Dr i ve .1 McCaus Ii n Mechanicsburg, PA D.O.B. 1/5/95 Casey was born out of wedlock; Brittany and Zachary were not born out of wedlock. " The children are presently in the custody of Daniel MCCauslin. who resides at 215 Marlette Drive, Mechanicsburg, Pennsylvania. To the best of Lhe plaintiff's knowledge, during the past five years, Ihe children have resided with the fOllowing persons and at the following addresses: ,~ ';' . ';' : .' ': ' " _ " " . '.', ..'.,., ", . :, '-: ." . " . " " ,'" " '. .. ': . , : . ',' '. . ') ./ "J; ,'. ., ,-". " (n .. AFr-IDAVIT IN SUPPORT OF P~TIT)O~ E..Q.B:jj,:'\'ii:- 'T-9-~r:RO:GI::~ILIJLEORMA PAUPER) S i 1. am the plaint iff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. ( a ) Name: Daniel McCauslin Address: 215 Marlette Drive Mechan i csbur9..., PA 17055 Social Security Number: 185-58-8021 (b) If you are presently employed, state Employer: Olsten (Temp A~ency) Address: Carlisle Pike Salary or wages per month: $1 .OOO/month Type of work: warehouse work If you are presently unemployed, state Date of last employment: Salary or wages per month: -- Type of work: (c) Other income within the past twelve months Business or profession: Other self-employment: Landscapin~ $40.00 Cost Amount owed Stocks; bonds: HLA__~___.-,- at her: (f) Debts and obligations Mortgage: !iLA Rent: $425/month Loans: !iLA Monthly Expenses:9LQceries $501Week and utilities $45/month (g) Persons dependent upon you for support (Wi fe) (Husband) Name: Children, i f any: Name:Casey McCauslin Age: 7 Brittany McCauslin 6 Zachary McCauslin 3 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: &- ;LL(. q 8 J1!.LWuU) {YIl eat{d,r~ Daniel McCauslin, Plaintiff ;! III :-) , ~' .., 't>. (" ~ c;- "- \.- ~ "" , "" "- VI \.,. ..,.. , , ~. '" ( " I.' :-, ~.: ; . I , ~ (' ~ <;- ., '-- ~ '" , <, "- v, l" '" , ' "- " , .. ~ I" r ,: [,:\ , .... fr'.'.' r Casey, Brittany, and Zachary McCausl in Meehan i csbu rg, Pi\ (,/17/<JH Plaintiff, Cascy, Brittany, nnd Zachary McCaus I in (,/17/'18 to present 215 Marlette Dr. Met:llanicsburg, Pi\ The mother or the chi Idren is Kimberly McCllusl in, current Iy residing at 342 Maple Lane, Cllrl isle, Pennsylvania. She is married. The father or the children is Daniel McCauslin, currently residing at 215 Marlette Drive, Mechanicsburg, Pennsylvania. lie is married. 4. The relationship or plaintiff to the children is that of father. The plaintiff currently resides with the following persons: Name Relationship Casey McCaus I in Brittany McCauslin Zachary McCauslin son daughter son 5. The relationship of defendant to the chi Idren is that of mother. The defendant currently resides with the following persons: Name Relationship Ronald Anderson Freda Anderson fat he I' mother 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. The plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. , ., 8. The plaintiff doe~ nol know of a per~on not a party to the proceedings who ha~; physical cuslody of the chi Idren or claims to have cu~tody or vi~itation right~ with respect to the children. 9. The best inlere~t Ilnd permanent wel fare of' the chi Idren will be served by granting the relief requesled because of the following reasons: a. The plaintiff' has been and continues to be the primary caretaker of the chi ldren providing for both their emotional and physical needs. b. The plaintiff has provided a safe and stable environment for the children since birth and can continue to do so. c. The plaintiff is the parent who can best facilitate the contact of the children with the other parent. d. A custody order will stabilize the situation for the ch i ldren. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant him \ .r SEP 1 7 19~ '(j DANIEL McCAUSLIN, Plaintifi' IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW KIMBERLY McCAUSLIN, Defendant NO. 98-3617 CIVIL IN CUSTODY COURT ORDER AND NOW, this I?" day of September, 1998, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. This Court's prior Order of June 29, 1998 is vacated. 2. The father Daniel McCauslin and the mother Kimberly McCauslin shall enjoy shared legal custody of Casey Lee McCauslin, born November 12, 1990; Brittany Marie McCauslin, born April 27, 1992; and Zachary Dillon McCauslin, born January 5, 1995. 3. Father shall enjoy primary physical custody of the minor children. 4. Physical custody of the minor children shall be handled such that father has physical custody for a period of 31 consecutive days and Mother shall have physical custody with the minor children for the next 29 days. The parties shall alternate thereafter. 5. During each parent's time of physical custody with the minor children, the non- custodial parent shall enjoy periods of temporary physical custody on alternating weekends from Friday at 6:30 p.m. until Sunday at 8:00 p.m. Additionally the non- custodial parent shall enjoy temporal)' custody each Wednesday from 6:30 p.m. until Thursday morning when the children shall be delivered to school or to the other parent's home. 6. . The parties shall work out an arrangement between themselves to share the major holid~~s to include Thanksgiving, Christmas, New Year's, Easter, Memorial Day, July 4 ,and Labor Day. 7. The mother shall have custody of the minor children on Mother's Day and the father shall have custody on Father's Day. This provision shall supercede any other provision of this Order. ..':'<,..... .' HAROLD S. IRWIN, III, IlSQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLAINTIFF DANIEL McCAUSLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW KIMBERLY (McCAUSLIN) MILLER, Defendant : NO. 98 - 3617 CIVIL TERM : IN CUSTODY ORDER OF COURT NOW, this day of February, 2003, in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Hubert X, Gilroy, Esquire, the conciliator, on the 4th Floor, Cumberland County Courthouse, on the day of , 2003, at . M. 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. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ......."..... share legal and physical custody of the children. However, since around the end of November the children have resided almost exclusively with the defendant. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, other than the existing Order filed to this term and number. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. Plaintiff believes and therefore avers that the best interests and permanent welfare of the children require that the parties have joint legal custody of the children, but that physical custody of the children be modified so that she has primary physical custody, sL!bject to specified periods of temporary custody and visitation with the plaintiff in accordance with a schedule and under certain conditions which may be agreed upon at a conciliation to be held in this matter. WHEREFORE, plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid. February 19, 2003 HAROLD S. IRWIN, III Attorney for defendan 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court I.D. No. 29920 :c.~.:./.;':':~,~~--"J:' VERIFICATION I do hereby verify that the acts set forth in this petition are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. February 20, 2003 ,) ." . - '.1/ I f\ \ \""J 0, i\ <.) I /1 l-[V, I ~ !I /;\ KIMBERLY MILLER j - " ~ ~ --. uJ ...c::. cq Rj., -.r::: (:> (\ ~ (-, - I:: 0- ~ ,. -J , () i a () , -.:g ~ r ~ ~: . 8 .......{ /' 't ) ~ , ! ;".) ,., ., ".) ;rl "") CD - -;} ;...:..~-:.~~. .'. '1,1, , . , p l MAR 2 7 Z003 { DANIEL McCAUSLIN, Plaintiff IN TilE couln OF COMMON PLEAS OF CUMBEIU,ANI> COUNTY, PENNSYL VANIA \' CIVIL ACTION - LAW KIMBERLY (McCAUSLIN) I'"LLER, Defendant NO.911-J617 CIVIL IN CUSTOI>Y COURT ORDER AND NOW, this 28' day of M3I'ch, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 4 of the Cumberland County Courthouse on the 6'h day of August, 2003, at 9:30 a.m. At this hearing, the Mother, Kimberly Miller, shall be the moving party and shall proceed initially with testimony. Counsel for the IJarties shall liIe with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, a sunlJuary of each pllI.ties' position on these issues, a list of witnesses who will be called to testify I'm' each party and a summ3l1' of the anticipated testiniony of each witness. This memorandum shall be liIed at least live (S) days IJrior to the mentioned hearing date. 2. Pending further ol'der of this court, the following temponu1' ol'del' is entered which replaces the prior order of September' 18, 1998: A. The Father, Daniel McCauslin, and the Mother', Kimberly Miller shall enjoy shared legal custody of Casey Lee McCauslin, born November 12, 1990; Brittany Made McCauslin, born April 27, 1992; and Zachary Dillon McCauslin, born January S, 1995. B. The Mothel' shall enjoy primary physical custody during the school year with the children attending school in Perry County where Mother lives. For the weekend while Father is still disabled from work, Father shall have custody of the minor children on each weekend from Friday at approximately 4:30 p.m. until Sunday evening at approximately 8:00 p.m. When Father is no longer disabled and is back to work on weekends, his weekend timeframe shall be on alternating weekends. 5. On numerous occasions, petitioner has requested that the defendant provide petitioner with a retainer for his services in preparing for and attending the custody hearing and for his legal services to date, 6. Specifically, petitioner wrote to defendant on at least two occasions - March 26, 2003 and June 18, 2003 - requesting payments on account and a retainer for the hearing and indicating that petitioner was unwilling to continue to represent defendant without payment. 7. In addition, on February 19,2003, defendant executed a written fee agreement which she has not honored. 8. Despite petitioner's continued patience, defendant has not responded to petitioner's correspondence regarding payment. 10. Based on the above, differences have arisen between defendant and petitioner regarding the handling of this matter and petitioner is unwilling to continue his representation of defendant in light of her failure to pay for legal services or to make satisfactory arrangements therefor. 11. Your petitioner believes and therefor avers that defendant has adequate time to find substitute counsel, if necessary, should this Court grant petitioner's request herein. WHEREFORE, petitioner requests your Honorable Court to enter a rule upon the respondents to show cause why defendant should not be permitted to withdraw from this case as counsel for defendant. t' !~ /U/r '7 ....j/1 ....L:. July 9, 2003 . l/--z:> L.,AJ V. HAROLD S. IRWIN, III Petitioner VERIFICATION The foregoing petition is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.SA Section 4094, relating to unsworn falsification to authorities. July 9, 2003 (1\. _)(!J-<j\,j."J'(~'"-4--' HAROLD S.IRWIN,(III / Petitioner \...J r f ,I [I~, [:~ 't.~ ' 1;1 ,~ ' 11J 1,-; It! ' j -'J . ;~, ;, -~ '} ",:c. r I ) ~ r , ~:. (~ n 'Ii ,I j;, .. (.:) ~_~ C) ',', -,' '. ~:T.l ~-[-- ~~~ r::' ~C ~, .?(j ,,=C. -~ ..<: =< ; :! , . -.1 I -i I DANIEL McCAUSLIN, I'laintiff :IN TilE COURT OF COMMON I'LEAS :OF CUMBERLAND COUNTY, I'A vs. :NO.98-3617 CIVIL TERM KIMBERLY (McCAUSLIN) MILLER Defendant :IN CUSTODY PRAECIPE TO WITHDRAWAL APPEARANCE --... I, flarold S. Irwin, III, withdraw my appearance as counsel of record for ''-'' --- Dare ~--- ~ -,~ Haro , Irwin, III Attorney a 35 East High S Carlisle, P A 17013 PRAECIPE TO ENTER APPEARANCE I, Kimberly (McCauslin) Miller, wish to represent myself in the aboye captioned case and I enter my pro se appearance. BI y.l63 Date , ( cCauslin) Miller, pro se ., I,.it, , ! . ~ b. Fathcr shall haye partial physical custody of the children on alternating weekends from Friday at 6:00 p.m. until Sunday at 8:00 p.m., and at other times mutually agreed upon by the parties, 5. During the summer, physical custody of the children is as follows: a. Father shall haye primary physical custody; b. Mother shall haye partial physical custody for fourteen (14) days during the summer with at least two (2) weeks notice to the father when she wishes to exercise custody of the children; c. The summer schedule shall begin the first full weekend after school ends; d. The summer schedule begins two (2) days after the end of the school year and ends two (2) days before the new school year begins. 6. The parties shall haye custody of the children on holidays as follows: a, Mother and Father shall share custody during holidays at times to be mutually agreed upon by both parties. Holidays include Labor Day, Thanksgiying, Christmas Eye, Christmas, New Years EYe, New Years Day, Easter, Memorial Day and the 4th of July; b. Father shall haye the children for at least one-half(I/2) of the children's Christmas and Easter breaks from school on days and times to be agreed upon by both parties; c. Father shall haye cllstody of the children eyery year on Father's Day; d. l'vlother shall have custody of the children every year on Mother's Day;