451 MD 2013 Petition/Complaint

7/27/2019 451 MD 2013 Petition/Complaint

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IN THE COMMONWEALTHCOURTOFPENNSYLVANIA

NICOLAM. CUCINOTTA, andTAMARA J. CUCINOTTA,formerly TAMARAJ. DAVIS,

Plaintiffs,V.

COMMONWEALTH OF PENNSYLVANIA, :

Defendant.

NOTICE TODEFEND

TO: COMMONWEALTHOF PENNSYLVANIA

t16 2-013

You have beensuedin court. Ifyouwishto defendagainstthe claims setforthin the followingpages, youmust takeactionwithin twenty(20) daysafterthis complaintandnotice areserved, byentering a writtenappearancepersonally or byattorney and filing inwriting withthe court yourdefenses orobjections tothe claims set forthagainst you. Youare warnedthat if youfail todo sothe casemayproceed without youandajudgment maybe enteredagainst youbythe court withoutfurthernotice forany moneyclaimed in the complaint orforanyotherclaim or relief requestedby the plaintiff. Youmaylose moneyor propertyor other rights importanttoyou.

YOU SHOULD TAKE THIS PAPERTO YOURLAWYERAT ONCE. IFYOUDO NOT HAVE ALAWYER, GOTOORTELEPHONE THE OFFICESETFORTHBELOW. THISOFFICE CANPROVIDE YOUWITH INFORMATIONABOUT HIRINGALAWYER. IFYOUCANNOT AFFORDTO HIREALAWYER, THISOFFICEMAYBE ABLE TOPROVIDE YOUWITH INFORMATIONABOUT AGENCIES THATMAYOFFER LEGAL SERVICES TOELIGIBLE PERSONS AT AREDUCED FEE ORNOFEE.

DAUPHIN COUNTYLAWYER REFERRALSERVICE213 NorthFront StreetHarrisburg, PA17101(717) 232-7536


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IN THE COMMONWEALTH COURTOF PENNSYLVANIA

NICOLAM. CUCINOTTA,andTAMARA J. CUCINOTTA,formerly TAMARAJ. DAVIS,

Plaintiffs,v.

; T O COURTCOMMONWEALTH OF PENNSYLVANIA, :Defendant.

COMPLAINT FORDECLARATORY JUDGMENT

1. NicolaM. Cucinottais anindividual withan address at551 FoxwoodLane, Paoli, PA19301.

2. TamaraJ. Cucinotta, formerlyTamara J. Davis,isanindividual withanaddress at 551FoxwoodLane, Paoli,PA19301.

3. Commonwealthof Pennsylvaniais properlyaddressedforthis actionat theoffice of the AttorneyGeneral, 15thFloor,Strawberry Square, Harrisburg, PA17120.

4. Plaintiffsbringthis actionfor judgment pursuantto42 Pa.C.S. 7531-7541, declaringtheyhave the righttobemarried to one anotherunder ArticleI, 1, 3, 25,26, and28of thePennsylvaniaConstitution, notwithstandinganypurported

traditional orstatutorydefinitionof marriagelimitedtoone

man andone woman.

5. Thiscourt has originaljurisdictionoverthis actionpursuant to42 Pa.C.S. 761(a), wherebythe CommonwealthCourt

shall haveoriginal jurisdictionof all civilactionsagainst the

Commonwealth government.

6. Plaintiffsare adult womenof full capacity.Plaintiffs havechosento be marriedto one another.

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7. Thereis no impediment toplaintiffs beingmarried toone another other than their sex, whichraises aquestion of thedefinition of marriage in Pennsylvania case law, suchas De Santov. Barnsley, 476A.2d 952 (Pa.Super. 1984), andin thePennsylvania Marriage Law, 23Pa.C.S. 1101 et seq.

8. DeSanto held that amarriage was betweena man and awoman and that anychange would be properly legislative.

Santo expressly declined to consider the Pennsylvania

Constitution because the parties had not raised the Pennsylvania

Constitution in the Court of CommonPleas.

9. TheMarriage Law was amended in 1996 toprovide that amarriage is "a civil contract bywhich one man and one woman takeeach other for husband and wife." 23Pa.C.S. 1102.

10. PennsylvaniaConstitution, ArticleI, 25, nullifiesgovernmental acts that transgress Article I, asultra vires:

" 25. Toguard against transgressions of the high powerswhich we have delegated, wedeclare that everything in thisarticle is excepted out of thegeneral powers of governmentand shall forever remain inviolate."

11. Purporteddenial of the rights, benefits, andmutualobligations of marriage violates Article I, 1, 3, 26, and28,which say:

" 1. Allmen are born equally free and independent, andhave certain inherent and indefeasible rights, amongwhichare those of enjoying and defending life andliberty, ofacquiring, possessing and protecting property andreputation, andof pursuing their own happiness."


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" 3. Allmen have a natural and indefeasible right toworship Almighty God according to the dictates of their ownconsciences; noman can of right be compelled to attend,erect or support any place of worship or to maintain anyministry against his consent; nohuman authority can, inanycase whatever, control or interfere with the rights ofconscience, andno preference shall ever be given by law toany religious establishments or modes of worship."

" 26. Neitherthe Commonwealth nor any politicalsubdivision thereof shall deny to any person the enjoymentof any civil right, nordiscriminate against anyperson inthe exercise of any civil right."

" 28. Equalityof rights under the law shall not be deniedor abridged in the Commonwealth of Pennsylvania because ofthe sex of the individual."

12. Thelimitation on marriage in Pennsylvania case law andthe Marriage Law transgresses plaintiffs' inherent rights of

pursuing their own happiness, interferes with their rights of

conscience, denies them the enjoyment of the civil rights of

marriage, discriminates against them in the exercise of their

civil rights, anddenies them equality of rights under the lawbecause of their sex.


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WHEREFORE, plaintiffs Nicola M. Cucinotta andTamara J.

Cucinotta demand judgment intheir favor against theCommonwealth

of Pennsylvania, declaringthat they have the right to be marriedto one another with all the benefits and obligations pertaining,

pursuant to Pennsylvania Constitution, ArticleI, 1, 3, 25,26, and28, notwithstanding any purported traditional orstatutory definition of marriage limited to one manand one

woman.

Cletus P. LymanMichael S. FettneMichael T. SweeneyID Nos. 15445, 53859, 65794LYMAN & ASH1612 Latimer StreetPhiladelphia, PA19103Tel (215) 732-7040Fax (215) [email protected]@[email protected]

Counsel for Plaintiffs


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VERIFICATION

NICOLAM. CUCINOTTAsays the following:

I ama plaintiff in this matter and the facts contained in

the foregoing complaint are true and correct to the best of my

knowledge, information, andbelief.

I understand that these statements are made subject to the

penalties of 18 Pa.C.S. 4904, relatingto unsworn falsification

to authorities.

Dated: September5, 2013. v - J 4 . . 4 T DN cola M. Cuinotta


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VERIFICATION

TAMARA J. CUCINOTTAsays the following:

I ama plaintiff inthis matter and the facts contained in

the foregoing complaint are true and correct tothe best of myknowledge, information, andbelief.

I understand that these statements are made subject tothepenalties of 18 Pa.C.S. 4904, relatingto unsworn falsificationto authorities.

Dated: September5, 2013.Tamara J. Cucinotta

451 MD 2013 Petition/Complaint

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