Separate Maintenance Complaint

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IN THE CIRCUIT COURT OF BRAXTON COUNTY, WEST VIRGINIA

JOE BLOW,

Plaintiff,

VS. CIVIL ACTION NO. 92-C-

SUZIE BLOW,

Defendant.

SEPARATE MAINTENANCE COMPLAINT

TO THE HONORABLE JUDGE OF SAID COURT:

Your Plaintiff, Joe Blow, respectfully represents unto your Honor:

That he is a bona ride resident of Braxton County, West Virginia, and is and has been a bona fide resident of West Virginia since July 10, 1995, from which time he has been such resident continuously, immediately preceding the filing of this Complaint.

That the Defendant is a non-resident of the State of West Virginia, and that her last known address is 23 Drive, Apartment E, Coraopolis, Pennsylvania, 12345.

III

That he and the Defendant, Suzie Blow, were duly and legally married on the 14th day of December, 1923, in Giles County, Pearisburg, Virginia, as will more fully appear from the marriage records Of said County and state for said day and year.

That there were two living children born of the marriage of the parties hereto, namely, Joe Blow, Jr., born September 13, 1984, age eight (8); and Becky Blow, born July 19, 1988, age four (4), who are presently in the custody of the Plaintiff, the primary caretaker of said infants.

That from the date of said marriage until the lst day of July, 1992, plaintiff and Defendant lived together as man and wife.

That Plaintiff and Defendant last lived and cohabited together as man and wife in Allegheny county, Coraopolis, Pennsylvania, until the 1st day of July, 1992, when they separated and their separation has been continuous and uninterrupted since that date.

VII

That the Defendant has failed, without good and sufficient cause, to provide suitable support for the Plaintiff.

VIII

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

That regarding the child custody jurisdiction of the Court in this action, the Plaintiff says that the children of the marriage have resided only with one or both of the parties since the birth of said children; that the Plaintiff has not participated in any other litigation concerning the custody of the children in this or any other state; that the Plaintiff has no information of any custody proceeding concerning the children of the marriage pending in a court of this or any other state; and that the plaintiff knows of no other person who has had physical custody of the children of the marriage or claims to have custody or visitation rights with the children, who is not a party hereto.

That the plaintiff is entitled to equitable distribution of all marital assets for her economic contributions, provided over the duration of the marriage, and he is entitled to reasonable compensation for homemaker services.

That neither of the parties hereto are member of the Armed Forces of the United States.

PRAYER

WHEREFORE, pursuant to West Virginia Code 48-2-28, Plaintiff prays that he be awarded a decree of separation from the bonds of matrimony now existing between his and said Defendant; that he be awarded temporary and permanent separate maintenance; that he be awarded his attorney fees and costs in this behalf expended; that he be awarded the temporary and permanent care, custody and control of the infant children born of the marriage of the parties hereto; that he be awarded temporary and permanent child support; that he be awarded hospitalization insurance coverage to be maintained at the Defendant's expense from a reputable carrier for the benefit of the infant children born of the marriage of the parties hereto, that Defendant be ordered to assume primary responsibility for all debts and liabilities incurred jointly be the parties hereto during coverture; that he be awarded equitable distribution of all marital property, as defined by West Virginia Code 48-2-1(e); that he be awarded her separate property as contemplated by West Virginia Code 48-2-l(f); that he be awarded a reasonable sum for homemaker services rendered over the 9 year marriage hereinabove mentioned; and in the event a divorce is hereafter granted, he be restored to his maiden name, Flower; and that he may have such other, further and general relief as the Court may find proper.

JOHN BLOW

By Counsel

____________________________
JAMES WILSON DOUGLAS
Attorney at Law
100 North Hill Road
P. O. Box 425
Anywhere, WV 25000