Answer and Counterclaim

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IN THE CIRCUIT COURT OF BRAXTON COUNTY, WEST VIRGINIA

JOE BLOW,

Plaintiff,

VS. CIVIL ACTION NO. 12-C-34

SUZIE BLOW,

Defendant.

ANSWER AND COUNTERCLAIM

Comes now the Defendant, SUZIE BLOW, by her attorney, James Wilson Douglas, and in and for her Answer to Plaintiff's Complaint, heretofore regularly filed, does hereby assert the following affirmative defenses and does aver, depose and say:

FIRST DEFENSE

That said Complaint fails to state a cause of action upon which relief can be granted by this Court.

SECOND DEFENSE

That the Plaintiff is barred from maintaining his Complaint by the equitable Doctrine of Estoppel.

THIRD DEFENSE

That the Plaintiff is precluded from maintaining his Complaint by the equitable Doctrine of Unclean Hands.

FOURTH DEFENSE

That the Plaintiff is prevented from maintaining his Complaint by the equitable Doctrine of Laches.

FIFTH DEFENSE

That the Plaintiff is barred from maintaining his Complaint by the Doctrine of Recrimination.

SIXTH DEFENSE

That the Defendant asserts the exemption of separate property, as defined in West Virginia Code 48-2-1(f), in any equitable distributions of marital property or awards for homemaker services.

SEVENTH DEFENSE

That the Plaintiff has failed to allege and aver any of the specifics required by West Virginia Code 48-10-3 and 48-10-9, which allegation is necessary to confer jurisdiction of the Court to make an initial child custody determination, therefore, he is barred from requesting relief from this Court consistent therewith.

EIGHTH DEFENSE

That the Plaintiff has been guilty of inequitable conduct to the extent and degree that the relief prayed for in his Complaint should be denied.

NINTH DEFENSE

That the Plaintiff has failed to aver that he is otherwise a fit and proper person to have custody of the Parties' named infant.

TENTH DEFENSE

That said Complaint is intended and brought solely as a means of harassment, and therefore, is an abuse of process.

ANSWER

Defendant admits Paragraphs 1., 2., 3., 4. and 5. of

Plaintiff's Complaint.

Defendant denies Paragraph 6. of Plaintiff's Complaint, and she calls upon the Plaintiff for strict proof thereof.

III

Defendant denies each and every Paragraph of Plaintiff's Complaint not herein specifically admitted, together with any and all allegations therein contained, and Defendant demands strict proof thereof.

PRAYER

WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed, that the relief prayed for therein be denied, that she be awarded the relief prayed for in her Counterclaim, herewith filed; that she be awarded temporary care, custody and control of the infant child born of the parties hereto; that she be awarded her Court costs and attorney fees in this behalf expended; and for such other and further relief as to the Court may seem meet, equitable and just, she will ever pray, etc.

COUNTERCLAIM

Comes now the Defendant and Counterclaimant, SUZIE BLOW, hereinafter referred to as Defendant, by her attorney, James Wilson Douglas, and in and for her Counterclaim against the Plaintiff and Counterclaimee, hereinabove and hereafter named, does aver, depose and say:

That she is a bona fide resident of Gassaway, West Virginia, and is and has been a bona fide resident of West Virginia for more than one (1) year last past, continuously, immediately preceding the filing of this Counterclaim.

That the Plaintiff is a resident of Gassaway, West Virginia.

III

That she and the Plaintiff, JOE BLOW, were duly and legally married on the 12th day of May, 1913, in Ravenna, Ohio, as will more fully appear from the marriage records of said County and State for said day and year.

That there was one living child born of the marriage of the Parties hereto, namely: JOE BLOW, JR., age 10 years, who currently resides with his mother, the primary caretaker of said infant.

That from the date of said marriage until the 11th day of February, 1993, Plaintiff and Defendant lived together as man and wife.

That Plaintiff and Defendant last lived and cohabited together as man and wife in Heaters, Braxton County, West Virginia, until the 11th day of February, 1993, when they separated and their separation has been continuous and uninterrupted since that date.

VII

That the Plaintiff has been guilty of mental cruelty and inhuman treatment toward the Defendant which has been such as to destroy or tend to destroy her mental and physical well being, happiness and welfare and which renders continuous cohabitation unsafe and unendurable.

VIII

That the Plaintiff has been guilty of adultery with one Jane Doe, which said adulterous act or acts on the part of the Plaintiff were and are not condoned by the Defendant.

That the Defendant is entitled to equitable distribution of all marital assets for her economic contributions, provided over the duration of the marriage herein sought to be dissolved, and she is entitled to reasonable compensation for homemaker services.

That neither of the Parties hereto are active members of the Armed Forces of the United States.

PRAYER

WHEREFORE, Defendant prays that she be awarded a divorce from the bonds of matrimony now existing between her and said Plaintiff; that she be awarded temporary and permanent alimony; that she be awarded the care, custody and control of the infant born of the marriage hereto, or in the alternative, that said infant be examined in camera regarding his custodial preference, pursuant to West Virginia Code 44-10-4; that she be awarded temporary and permanent child support; that she be awarded hospitalization insurance coverage to be maintained at the Plaintiff's expense form a reputable carrier for the benefit of herself and said infant child; that the Plaintiff be ordered to assume primary responsibility for all debts and liabilities incurred jointly by the Parties hereto during coverture; that she be awarded equitable distribution of all martial property, as defined by West Virginia Code 48-2-1(e); that she be awarded her separate property as contemplated by West Virginia Code 48-2-1(f); that she be awarded a reasonable sum for homemaker services rendered over the nearly twenty-two (22) year marriage herein sought to be dissolved; that she be awarded her attorney fees and costs in this behalf expended; and that she may have such other, further and general relief as the Court may find proper, equitable, and just.

SUZIE BLOW

By Counsel

_____________________________
JAMES WILSON DOUGLAS
Attorney at Law
100 North Hill Road
Post Office Box 425
Sutton, West Virginia 26601