IN THE

COMMONWEALTH

COURT

OF

PENNSYLVANIA

NICOLA M. TAMARA J. formerly

CUCINOTTA, CUCINOTTA, TAMARA J.

and

DAVIS,

Plaintiffs, V.

t16 2-013

COMMONWEALTH

OF PENNSYLVANIA,

Defendant.

NOTICE

TO

DEFEND

TO:

COMMONWEALTH

OF

PENNSYLVANIA sued in court. in the

You have the claims set

been

If

you

wish

to

defend must

against action

forth

following pages, this complaint

you and

take are by

within served,

twenty (20) by

days

after

notice or

entering a filing

written writing set

appearance with the

personally your

attorney

and

in

court

defenses are

or

objections that if

to the

claims do

forth against case may

you.

You

warned and a

you fail may be any

to

so the

proceed

without

you

judgment notice

entered money

against in

you the

by the court complaint or

without for any

further other money

for

claimed by

claim or or

relief or

requested other

the plaintiff.

You

may lose

property

rights

important

to you.

YOU DO NOT BELOW.

SHOULD

TAKE

THIS GO

PAPER TO OR

TO

YOUR

LAWYER THE

AT ONCE. SET

IF

YOU

HAVE THIS

A LAWYER, OFFICE YOU

TELEPHONE YOU WITH TO HIRE

OFFICE

FORTH HIRING MAY

CAN PROVIDE AFFORD

INFORMATION A LAWYER, ABOUT AT

ABOUT

A LAWYER. BE ABLE TO

IF

CANNOT YOU TO

THIS

OFFICE THAT FEE

PROVIDE

WITH

INFORMATION PERSONS

AGENCIES

MAY NO

OFFER FEE.

LEGAL

SERVICES

ELIGIBLE

A REDUCED

OR

DAUPHIN 213

COUNTY

LAWYER Street

REFERRAL

SERVICE

North Front

Harrisburg, (717)

PA 17101

232-7536

IN THE

COMMONWEALTH

COURT

OF

PENNSYLVANIA

NICOLA M. TAMARA J. formerly

CUCINOTTA, CUCINOTTA,

and

r_47
rr)

TAMARA J. DAVIS,

Plaintiffs,
v.

copy

WEN'

TO COURT

COMMONWEALTH

OF PENNSYLVANIA,

Defendant.

COMPLAINT Nicola M.

FOR

DECLARATORY

JUDGMENT

1.

Cucinotta

is

an individual

with

an

address

at

551

Foxwood Lane,

Paoli,

PA 19301.

2.

Tamara J.

Cucinotta,

formerly

Tamara J.

Davis,

is

an

individual

with

an address

at

551

Foxwood Lane,

Paoli,

PA 19301.

3.

Commonwealth

of

Pennsylvania

is

properly

addressed

for

this

action at

the office

of

the

Attorney General,

15th Floor,

Strawberry Square,

Harrisburg,

PA 17120.

4.

Plaintiffs

bring

this

action

for

judgment

pursuant

to

42 Pa.C.S. married to

7531-7541, one another

declaring

they

have

the

right

to be

under

Article I,

1,

3,

25,

26,

and 28

of

the

Pennsylvania

Constitution,

notwithstanding

any

purported

traditional

or

statutory

definition of

marriage

limited

to

one

man

and one woman.

5.

This

court

has

original

jurisdiction

over

this

action

pursuant

to 42 Pa.C.S.

761(a),

whereby

the

Commonwealth actions

Court

shall

have

original

jurisdiction of all

civil

against

the

Commonwealth government.

6.

Plaintiffs

are

adult

women of full

capacity.

Plaintiffs

have

chosen to be

married

to one another.

7.

There is no impediment other than their sex,

to plaintiffs which raises

being married a

to

one another

question of the such as De Santo in the

definition of marriage v. Barnsley, Pennsylvania 8.

in Pennsylvania

case law, and

476 A.2d 952 (Pa.Super. 1984), Marriage Law, 23 Pa.C.S.

1101 et seq. between a man and a

De Santo held that any change

a marriage was

woman and that

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 9. The Marriage

Common Pleas. amended in 1996 man to provide and one

Law was

that a

marriage is

"a civil contract

by which one

woman take

each other for husband and wife." 10. Pennsylvania

23 Pa.C.S.

1102. 25,

Constitution,

Article I, as of

nullifies

governmental " 25.

acts that transgress Article I, To guard against transgressions the general

ultra vires: the high powers in this of government

which we have delegated, and shall 11.

we declare that everything powers

article is excepted out of

forever remain inviolate." the rights, benefits, and mutual and 28,

Purported denial of of marriage

obligations which say:

violates Article I,

1, 3, 26,

" 1. All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property and reputation, and of pursuing their own happiness." of

and indefeasible right to according to the dictates of their own Almighty God worship " 3. All men have a natural consciences; no man can of right be compelled to attend, any place of worship or to maintain any no human authority can, in any control or interfere with the rights of erect or support case whatever, conscience,

ministry against his consent;

and no preference shall ever be given by law to any religious establishments or modes of worship." nor any political thereof shall deny to any person the enjoyment subdivision " 26. of any civil right, nor discriminate against any person in the exercise of any civil right." Equality of rights under the law shall not be denied or abridged in the Commonwealth of Pennsylvania because of the sex of the individual." " 28. 12. The limitation on marriage in Pennsylvania case law and Neither the Commonwealth

the Marriage

Law transgresses plaintiffs' inherent rights of interferes with their rights of

pursuing their own happiness, conscience,

denies them the enjoyment of the civil rights of against them in the exercise of their

marriage, discriminates civil rights,

and denies them equality of rights under the law

because of their sex.

WHEREFORE,

plaintiffs Nicola M.

Cucinotta

and Tamara J. the Commonwealth to be married

Cucinotta demand judgment of Pennsylvania,

in their favor against

declaring that they have the

right

to one another with all the benefits pursuant 26,

and obligations pertaining, Article I, 1, 3, 25,

to Pennsylvania Constitution, notwithstanding

and 28,

any purported

traditional

or

statutory definition of marriage woman.

limited to one

man and one

Cletus P. Michael S. Michael T.

Lyman Fettne Sweeney 53859, 65794

ID Nos. 15445, LYMAN & ASH

1612 Latimer Street Philadelphia, Tel (215) Fax (215) PA 19103 732-7040 732-2496

cletus@lymanash.com michael@lymanash.com mts@lymanash.com Counsel for Plaintiffs

VERIFICATION CUCINOTTA says the following: in this matter and the facts contained and correct to the best of in my

NICOLA M.

am a plaintiff

the foregoing

complaint are true

knowledge, information,

and belief. are made subject to the

I understand that these statements penalties of 18 Pa.C.S. to authorities. 4904,

relating

to unsworn falsification

Dated:

September 5, 2013. N cola M. Cu inotta

v-J4..4TD

VERIFICATION TAMARA J. I CUCINOTTA says the following: in this matter and the facts are true and correct and belief.

am a plaintiff

contained of

in

the foregoing

complaint

to the best

my

knowledge, information,

I understand that these statements are made subject penalties of 18 Pa.C.S. 4904,

to the

relating to unsworn falsification

to authorities.

Dated:

September 5, 2013. Tamara J. Cucinotta