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HomeMy WebLinkAbout06-2394 SANDRA L. MARRlE, Plaintiff THE COURT OF COMMON PLEAS QF -, CUMBERLAND COUNTY, PENNSYLV A1'4IA ~.i vs. No. 01.. - d:19L( CUlt I~;~ , I TANYA L. LAUNSE and CHARLES LAUNSE, Defendants CIVIL ACTION - AT LAW CUSTODY ....! C,--. ---.., COMPl.AlNT FOR PARTIAL CllSTOnV PllRSllANT TO B p"C S A ~"112 AND NOW comes the Plaintiff, Sandra 1. Marrie, by and through her attorney, Jeanne B. Costopoulos, Esquire, and avers the following: I. The Plaintiff, Sandra L. Marrie, is an adult individual who currently resides at 403 W. Simpson Street, Mechanicsburg, Cumberland County, Pennsylv,mia, 17050. 2. The Defendant, Tanya 1. Launse, is an adult individual who currently resides at 136 S. Market Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. The Defendant, Charles Launse, is an adult individual who currently resides at 15 W. Walnut Street, Shiremanstown, Cumberland County, Pennsylvania, 17011. 4. There are two dependent children from the relationship of Defendant Tanya 1. Launse and her former paramour, Kevin Alvarez. Kevin Alvarez was last known to reside in northern California has not had contact with Mariah Marrie since prior to the birth of Jordan Marrie, who, to Plaintiff's knowledge, Mr. Alvarez has never seen. The current whereabouts of Kevin Alvarez are unknown by Plaintiff. 5. There is one dependent child from the relationship of Defendants, namely Noah Marrie, born November 24, 2000. 6. The Plaintiff seeks partial physical custody of the following children: Name PTf~s.~nt Rp.s.i(h~nc:p. Age Mariah Marrie 136 S. Market Street New Cumberland, P A 17070 13 Yz years DOB 6/6/1992 Jordan Marrie 136 S. Market Street New Cumberland, P A 17070 12 years DOB 1/30/1994 Noah Marrie 136 S. Market Street New Cumberland, P A 17070 5 Vz years DOB 11/24/2000 7. The children named above are presently in the custody of their natural mother, Defendant Tanya 1. Launse, who currently resides at 136 S. Market Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 8. For the past five (5) years, the children have resided with the following persons at the following addresses: Name A nnre<< Da1:es Tanya 1. Launse (Defendant) 136 S. Market Street Joseph Horshler (Tanya's boyfriend) New Cumberland, PA 17070 spring 2003 to present Tanya 1. Launse (Defendant) 403 Keller Street Mechanicsburg, PA 17055 spring 2000 to spring 2003 9. The biological mother of the children is Defendant, Tanya 1. Launse, who currently resides at 136 S. Market Street, New Cumberland, Cumberland County, Pennsylvania, 17070. The biological father of the child, Noah Marrie, is Charles Launse, currently residing at 15 W. Walnut Street, Shiremanstown, Cumberland County, Pennsylvania., 17011 10. It is not known by Plaintiff whether or not the Defendants are currently married to each other. However, they were married at the time Noah Marrie was born and he was not born out of wedlock. Mariah Marrie and Jordan Marrie were born out of wedlock as Defendant Tanya 1. Launse was never married to Kevin Alvarez. , 11. The relationship of the Plaintiff, Sandra 1. Martie, to the children is that of natural maternal grandmother. The Plaintiff currently resides with her granddaughter, Amber Roberts. The relationship of Defendant Tanya 1. Launse to the children is that of natural Mother. She is believed to reside with her boyfriend, Joseph Horshler, as well as the subject children. The relationship of Defendant Charles Launse to the child Noah Martie is that of natural Father. It is not believed that Defendant Charles Launse has any familial or legal relationship to the children Mariah Martie and Jordan Martie. It is unknown with whom Defendant Charles Launse resides. 12. 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. 13. Plaintiff and Defendants have been unable to agree regarding a reasonable partial custody schedule for Plaintiff to spend time with the children. 14. The best interests and permanent welfare of the children will be served by implementing a custody order wherein Plaintiff, who has established a very close bond with the children and who has historically enjoyed liberal partial custody of the children on weekends, weekdays, and summers, is granted reasonable partial custody in accordance with the historical pattern followed by the parties until Defendant Tanya 1. Martie unilaterally decided that the children would no longer be permitted to spend time with their maternal grandmother, Plaintiff Sandra 1. Martie. 15. Other than the natural father of Mariah Martie and Jordan Martie as more particularly explained in paragraph 4 above, 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. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have physical custody or visitation rights with respect to the children. WHEREFORE, Plaintiff Tanya 1. Marcie respectfully requests that she be granted reasonable partial custody of her grandchildren as has been the case in the past. RESPECTFULLY SUBMITTED: DATE: j fit .-'----:?" ..----- / BY~ ----------~ -, Jeanne B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 PA Supreme Ct.lD No. 68735 SANDRA L. MARRlE, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. TANYA 1. LAUNSE and CHARLES LAUNSE, Defendants CIVIL ACTION - AT LAW CUSTODY VF.RTFlCATTON I, Sandra 1. Marcie, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 9 4904, relating to unsworn falsification to authorities. Date: o '1/7..&'/06 Signature: :l / ~~ 1/74., v /dMi0"",,- j ///~J7./7a/ Sandra L. Marrie . 1'". ~ ?J t V} tf: '-... ...... RJ ........ '-... --....::t ...... & ~ ~ ~ ' ~ - LJ ~-, -.......J p--- ~ --(- ---.. _ r ~---.. , SANDRA L. MARRIE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-2394 CIVIL ACTION LAW T ANY A L. LA UNSE AND CHARLES LAUNSE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, May 04, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 31, 2006 , the conciliator, at 1:00 PM for a Pre- Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if Ihis cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. 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 hearin!!. FOR THE COURT. By. Isl Dawn S. Sunda 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 " 4t~b-?~ ~ *::?~ ~ ~? ~ :l- I'fP'YIf ~? -~ "J(J , 5.y 10-5:5' "Jr?5.5 VlN\fA1ASNN3d AlNnco fVilf:tF:18V'ln::) 98:t;Wd S-AVW9ilOZ AW10NOHlOi:ld 3Hl .:lO 30l:!:lo-a31l:l ABRAHAM LAW OFFICES 2157 MARKET STREET. CAMP HILL. PA 17011 (717) 763-1700 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA : NO. 06 - 2394 CIVIL TERM SANDRA 1. MARRIE Plaintiff TANYA 1. LAUNSEand CHARLES LAUNSE Defendants : CIVIL ACTION - LAW : CUSTODY ANSWER WITH l'i!pW MATTER OF DEFENDANT T ANY A 1. LAUNSE AND NOW, comes Defendant, Tanya 1. Launse, by and through her attorney, James W. Abraham, Esquire, Camp Hill, Pennsylvania, and files the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7, Admitted. 8, Admitted. 9. Admitted. 10. Admitted. By way of further answer, Defendants are divorced. 11. Admitted. 12. Admitted. 13. Admitted. 14. Denied. It is denied that it is in the best interests of the children for Plaintiff to have partial physical custody of the children, as stated in New Matter hereto, which is incorporated herein by reference. It is further denied that Plaintiff has established a very close bond with the children as Plaintiff has only ever served as a babysitter for the children at Plaintiff's day care facility, "Rug Rats Daycare" (hereinafter "Rug Rats"), for which Plaintiff was paid by Defendant, Tanya L. Launse (hereinafter "Mother"); and said relationship is no greater than typical grandparents, Le., babysitting and time on holidays. It is admitted that Mother decided that Plaintiff was no longer pennitted around the children due to Plaintiff's conduct and actions which were extremely detrimental to the children, as stated in New Matter hereto, which is incorporated herein by reference. 15. Admitted. WHEREFORE, Defendant, Tanya 1. Launse, respectfully requests Your Honorable Court to dismiss Plaintiff's Complaint and award said Defendant, sole physical and legal custody of the children, NEW MATTER 16. Mother incorporates by reference her answers 1 through 15 to the Complaint. 17. Plaintiff lacks standing to bring this action in custody in accordance with the Grandparent Visitation Act as interpreted by the Superior and/or Supreme Court of Pennsylvania and/or the Court of Common Pleas, Cumberland County, Pennsylvania. 18. Plaintiff has never stood in loco oarenfis of the children at any relevant time hereto. 19. Plaintiff has engaged in a course of conduct which is detrimental to the children and interferes with the parent-child/children relationship as stated in 23 Pa.C.S.A. Section 5312 and is not in the children's best interests, as Plaintiff: A. Demonstrates unstable and volatile behavior with fits of anger and rage while with the children and with Mother, B. Consumes alcohol to the point of intoxication in front of the children and leaves messages for the children while intoxicated. C. Completely disregards the directives and instructions of Mother when with the children and deliberately makes parental decisions for the children which Plaintiff knows are contrary to those of Mother. D. Makes disparaging remarks regarding Mother directly to the children and lies to the children regarding Mother and her paramour. E. Engages in screaming and yelling at Mother in front of the children and/or within ear shot of the children, with "f-word" profanity. F. While the children were with Plaintiff at her residence, engaged in hostile behavior with persons at Plaintiff's residence to the point in which the police had to be called to Plaintiff's residence. G. Failed to follow a doctor's instructions by failing and/or refusing to feed Noah foods prescribed by the doctor. H. Allowed Noah's Father visitation time with Noah without Mother's knowledge or pennission. I. Plaintiff has exercised poor and reckless judgment with the children. J. Takes the children for visitation and would fail to return the children on time and/or pick the children up on time. K. Disparaged Mariah in front of other children by calling Mariah a "bitch" in front of Mariah's friends. 1. Disparages other grandparents, including the maternal grandfather, Plaintiff's ex- husband; and tells the children that the Mother of Mother's paramour, "Grandma Patty", is not their real grandmother and therefore the children do not have to listen to Grandma Patty. M. Purchases gifts for the children, prohibited by Mother (e.g., video games) in order to gain the children's favor. N. Allows the children to consume unhealthy foods, e.g., McDonald's, fast food, in direct defiance of Mother's efforts to have the children eat healthy; and because it is more convenient for Plaintiff instead of taking time to cook food for the children. O. Engages in conduct to alienate the children from Mother. P. Fails to treat all of the children equally which is upsetting to the children who are not Plaintiff's "favorite". 20. Plaintiff's previous visitation and/or time with the children was not liberal by any means, as since Mother moved to New Cumberland in the Spring of2003, three (3) years ago, the most time Plaintiff would spend with the children in any given month would be once or twice a month and holidays; and the only overnight with Plaintiff would be from Saturday afternoon until Sunday morning at church; and prior thereto, when Plaintiff and Mother lived close to each other in Mechanicsburg, Plaintiff was a babysitter as the children would be at Rug Rats, with all of the other children at Rug Rats, for a few hours after school. 21. Granting Plaintiff a custody order will invite additional grandparent actions to be taken by the maternal grandfather of the children, resulting in numerous custody orders, which will only serve to disrupt the stable and secure family environment which the children enjoy with Mother 22, The two (2) oldest children, Mariah (age 14 as of June 6, 2006) and Jordan (age 12) have directly advised Mother that they do not wish to be court ordered to be with Plaintiff or any other grandparent and want the decision to visit with Plaintiff, or any other grandparent, to be either in the sole discretion of Mother or at the child/children's request. 23. Mother submits that in view of the facts and circumstances in this case as referenced above, it is clearly not in the children's best interest to force the children to visit a grandparent by court order. 24. Mother submits that in view of the facts and circumstances referenced above, it is clearly not in the best interest of the children to enter a temDOrarv or Interim Order of Court for visitation with Plaintiff pending a full trial and/or hearing in this case, including testimony by the oldest children, particularly in view of Mother's averments regarding interference by Plaintiff with the parent-child/children relationship as referenced in 23 Pa. C.S.A. Section 5312. 25. The children have not visited Plaintiff since on or about January, 2006 and have not requested to visit with Plaintiff at any time since January, 2006, 26. Mother submits that a visitation schedule for Plaintiff would only serve to allow Plaintiff an opportunity to continue to undermine Mother as a parent and interfere with the parent-child/children relationship; allow Plaintiff to continue to attempt to alienate Mother from the children; and would only further serve to disrupt and confuse the children who are in a stable and secure family environment with Mother. 27. Mother believes and therefore avers that Plaintiff's action for visitation is not in regard to the children's best interests, but is primarily an effort to retaliate against Mother for not allowing the children to see Plaintiff due to Mother's aforesaid reasons; and that Plaintiff is offended by the fact that Mother will not listen to Plaintiff as to how to provide for and raise the children in every aspect of their lives, WHEREFORE, Mother respectfully requests Your Honorable Court to dismiss Plaintiff's Complaint on the basis that Plaintiff lacks standing; or in the alternative, grant Plaintiff visitation only at the mutual agreement and sole discretion of Mother and only after Plaintiff completes a counseling program for anger 1U81\8gement and undergoes an alcohol abuse evaluation. :;;;;tt<d James W. Abraham, Esq. Abraham Law Offices 2157 Market St. Camp Hill, PA 17011 (717) 763-1700 Attorney for Defendant, Tanya 1. Launse DATE: S-.2~-{jrp VERIFICATION , the undersigned, hereby verify and confirm that the foregoing document and the statements made therein are true and correct to the best of my knowledge, information and belief. I further understand that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. I, / ft-0-( A J... AcA-u.u r; DATE: S -.2.. 3 . tJ C, \~ J.lCillJ'('Jj) CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document by fax and/or first class mail upon the following person(s) at the following address(es) on the date stated below: Jeanne B. Costopoulos, Esq. 3803 Gettysburg Road Camp Hill, P A 17011 (fax and mail) Charles Launse 15 West Walnut Street Shiremanstown, P A 17011 (mail) ~( James W. Abraham, Esquire DATE: 5/25/06 ~~ ~ ~-:j---. :;:J: ::::~ ", 01 ...-; 2" """ ~:: 9n ...4 Mifl -n tn. :'J~."..I (.:~~~ (") , ~,., "..:~~ ::\.:.: - - ~t:\Tll "':0 :..:: ", cP Plaintiff RECEIVED SEP 0 5 2006 By:Jff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA SANDRA 1. MARRIE vs. 06-2394 CNIL ACTION LAW TANYA 1. LAUNSE and CHARLES LAUNSE Defendant IN CUSTODY ORDER AND NOW, this 31st day of ADI!Ds!. 2006 , the conciliator, having received no request within the agreed upon time period to reschedule the conciliation conference originally set for May 31, 2006, hereby relinquishes jurisdiction. FOR THE COURT, Di?~~ Custody Conciliator ViNVi\1N],'JN]d '1N(), (Y, :'C ','\:::Qi'.ln'"' ^ I,.. ",' ".,.,.J (. Z :8 vld S- d3S 900Z Al:lVl01\OHlOod 3Hl .:10 381:1100311::1