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Home My WebLink About09-3886Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) SIAN M. LEINBACH, Plaintiff VS. MARK A. CAIAZZO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 09 IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is SIAN M. LEINBACH, an adult individual who currently resides at 12 South Filbert Street, Apartment B11, Mechanicsburg, Borough of Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is MARK A. CAIAZZO, an adult. individual who currently resides at 727 Harrisburg Pike, Dillsburg, York County, Pennsylvania, 17019. 3. The parties are the parents of one minor child, namely, Ally M. Caiazzo, born April 28, 2008. The child was born out of wedlock. 4. The child is presently in the custody of Plaintiff at 12 South Filbert Street, Apartment B11, Borough of Mechanicsburg, Cumberland County, Pennsylvania. During the past 13 months, the child has resided with the following persons at the following addresses: Persons Residences Dates Sian M. Leinbach 12 S. Filbert St, Apt B11 birth - Mechanicsburg, PA present 5. The natural father of the child is Mark A. Caiazzo, currently residing at 727 Harrisburg Pike, Dillsburg, York County, Pennsylvania, 17019. 6. The natural mother of the child is Sian M. Leinbach, currently residing at 12 South Filbert Street, Apartment B11, Borough of Mechanicsburg, Cumberland County, Pennsylvania, 17055. 7. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: Names Relationship Ally M. Caiazzo Daughter (DOB 4/28/08) 8. The relationship of the Defendant to the child is that of natural father. The defendant currently resides with the following persons: Names Tracy A. Caiazzo Robert Caiazzo Kevin Caiazzo Relationship Paternal Grandmother Uncle (age 10) Paternal Grandfather Other individuals Unknown 9. Plaintiff has not participated as a party or witness, 2 or in another capacity, in other litigation concerning the custody of the child in this or another court. 10. Plaintiff has no information of a custody proceeding concerning the child pending in a court of the Commonwealth or any other State. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 12. The best interest and permanent welfare of the child will be served by granting Plaintiff legal and physical custody for the following reasons: A. Plaintiff has been the primary caretaker of the minor child since birth, Plaintiff has reasonable living accommodations and can provide for the needs of the minor child at this important time of her life; and B. Defendant is unable to care for himself and has a substantial alcohol addiction or dependency which has rendered Defendant unable to care for and endangers the minor child; and C. Defendant and others have used illegal drugs in the presence of the minor child which endangers the best interests of the minor child; and D. Defendant has not demonstrated little, if any, consistent and regular interest in and concern for the minor child since birth, has caused Plaintiff significant stress and fear by appearing unannounced at Plaintiff's residence and has attempted to intimidate Plaintiff through behavior and actions in the past several months; and E. Defendant does not have a driver's license which complicates his opportunity to engage in meaningful custody with the minor child and Plaintiff believes that Defendant operates a motor vehicle without a valid 3 driver's license; and F. Defendant has acted in manner contrary to the health, safety and welfare of the minor child since her birth and Plaintiff has substantial fear for the safety and well- being of the minor child when left with Defendant. G. Defendant regularly smokes in the presence of the child which has caused health problems for the child; and H. Defendant's residence does not have sufficient space and bedrooms to permit overnight accommodations with the minor child. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. 14. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of the action and the right to intervene: None WHEREFORE, Plaintiff requests your Honorable Court to grant her legal and physical custody of the child, or in the alternative, direct Defendant to participate in drug and alcohol counseling prior to engaging in any custodial relationship with the minor child. Re ec g,gs mitted, Date: June 2009 Andrew C. She Esquire Attorney for Plaintiff PA ID No. 62469 P.O. Box 95, 127 S. Market St. Mechanicsburg, PA 17055 717-697-7050 4 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ' n Date: June 2009 " -" M - S'an M. Le'nbach FII. F0-4. ACE OF TFE RRYP-`')NOTARY 2009 JUN I I PM 14 3 CUt?R t ,w -1 JtUNTY I??P?Pv?', Lt'?'??f? q/ , ctj a /G S:Sa Ch 3y-9 I/ Q,W. .?? Old,1760, 4 5" SIAN M. LEINBACH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARK A. CAIAZZO DEFENDANT 2009-3886 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, June 19, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, July 10, 2009 at 9:30 AM 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 the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 OF Tl3 !: Y 2009 JT I') P 1 1 CUM IL j - 44a SIAN M. LEINBACH, Plaintiff V. MARK A. CAIAZZO, Defendant ENTRY OF APPEARANCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-3886 IN CUSTODY TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of the Defendant, Mark A. Caiazzo, in the above-captioned matter. ohn M.?err 502o Potter Road Suite 109 Medk"C5bur$. PA 17055 Pfiom: 717.766.4008 FAx: 717.766.4066 Dated: July 8, 2009 .? John M. Kerr, Esquire Attorney I.D.#26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Entry of Appearance," on the below-named individuals in the manner indicated: Via Fascimile Via Hand-Delivery Andrew G. Sheely, Esquire Hubert X. Gilroy, Esquire Attorney at Law Custody Conciliator 127 S. Market Street Martson Law Offices Mechanicsburg, PA 17055 10 East High Street Carlisle, PA 17013 (;L #, John M. Kerr, Esquire Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: July 8, 2009 O 9 L M. err 5020 Ritter Road Suite 109 McCharNC5bUrg. PA 17055 PHoNE: 717.766.4008 FAx: 717.766.4066 2009 JUL _3 43 r? `t+1 i