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HomeMy WebLinkAbout00-03327 .. r LAW OFFICES OF HAROLD S. IRWIN, III, ESQUIRE 35 EAST HIGH STREET, SUITE 201/202 CARLISLE, PA 17013 717-243-6090 SHIRLEY .J. WOODRUFF Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW CHRISTIAN ANTHONY TETKOSKI, a NO. 2000-3327 minor and KYLE GREGORY TETKOSKI, a minor, by .JOE E. TETKOSKI and KRISSY STRIFFLER : .JURY TRIAL DEMANDED THEIR GUARIDIANS, Defendants NOTICE You have been sued in court. If you wish to defend againstthe claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 2 LIBERTY AVENUE CARLISLE, PA 17013 1-800-990-9180 or (717) 249-3166 , --"" - - ",~ -,. :'," _-'. '-'''''', -0," y~ ~ "~- ~"l " r LAW OFFICES OF IIAROLD S. IRWIN, III, ESQUIRE 35 EAST HIGH STIlEET, SUITE 201/202 CARLISLE, PA 17013 717.243.6090 SHIRLEY .J. WOODRUFF Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW CHRISTIAN ANTHONY TETKOSKI, a minor and KYLE GREGORY TETKOSKI, a nlinor, by .JOE E. TETKOSKI and KRISSY STRIFFLER THEIR GUARDIANS, Defendants NO. 2000-3327 : .JURY TRIAL DEMANDED COMPLAINT FOR DECARATORY JUDGEMENT NOW comes the plaintiff, Shirley J. Woodruff, by her attorney, John J. Baranski, Jr., Esquire, and files this Complaint against the defendants, and represents as follows: 1. The plaintiff is Shirley J. Woodruff, an adult individual residing at 63 West Main Street, P.O. Box 197, Plainfield, Cumberland County, Pennsylvania. 2. Defendant Christian Anthony Tetkoski, is a minor child residing at RR 1, Box215A, Equinck, PA, 18417. 3. Defendant Kyle Gregory Tetkoski is a minor child residing at RR I, Box 215 A, Equinck, PA 18417. 4. Defendants Joe E. TetkosKi and Krissy Striffler are adult individuals residing RR 1, Box 215 A and the parents of Christian and Kyle, the minors herein. 5. The instant complaint for Declaratory Judgment is filed pursuant to the Declaratory Judgments Act, 42 Pa. C.SA 97531. 6. Plaintiff declares that she is the common law spouse of John C. Tetkoski, deceased, and in support thereof, avers as follows: I, ,~ " -,-", "_, '~':'-~.D"".-","~-,," ,'<" "' ',"""!" .., - J=" .. -;'.-'.-P; ~""T<'"',l,~,'__'''''''''"''', ~,"-" , " - ~,' """;, - , ,--" -", ~ ' / If, , a. Plaintiff and John C. Tetkoski intended to and did, in fact, establish a marital relationship in 1994, b. Plaintiff and John C. Tetkoski held themselves out to the community at large and to their family and friends as husband and wife, c. Plaintiff and John C. Tetkoski were joint obligors on a number of debts and other obligations prior to and at the time of John C. Tetkoski's death on March 15, 2000, d. Plaintiff and John C. Tetkoski were joint owners of a number of items of personal property prior to and at the time of his death, and e. Plaintiff and John C. Tetkoski cohabitated from March, 1989 until his death on March 15,2000. 7. At the time of his death, John C. T-etkoski was employed as a Loader at Roadway Express. 8. Through his employment at Roadway Express, John C. Tetkoski was a member of the Central Pennsylvania Teamsters Union. 9. Through his employment and his membership with the Central Pennsylvania Teamsters Union, John C. Tetkoski was eligible for and participated in a retirement fund. 10. At the time of his death, the fund had a value of approximately $38,000.00. 11. In or around 1994, John C. T etkoski changed the beneficiary designation on his retirement plan from Plaintiff to the minor defendants. 12 . At the time of John C. Tetkoski's death, the Teamsters refused to to recognized Plaintiff as his common law spouse. 13. The Teamster continue to refuse to recognize plaintiff as the common law spouse of John C. Tetkoski. 14. Plaintiff believes and therefore avers that had she been recognized as Plaintiffs common law spouse by the Teamsters, Plaintiff would have received the survivors benefits despite John C. Tetkoski's changing of the beneficiary designation as set forth above. ~, - , "",>' ",-' ,- - ~ "'",,,",,~- ""1,""""-' .~- " '" """c" ~,,',,- , 15. A declaratory judgment is appropriate in this matter because it will terminate the uncertainty and controversy as to the status of the Plaintiff and John C. Tetkoski as husband and wife. WHEREFORE, Plaintiff respectfully requests that a Declaratory Judgment be entered in her favor, finding that as a mater of law, she is the common law spouse of John C. Tetkoski. Law Offices of Harold S. Irwin, III Septemberjl,2000 By: Jo . Baranski, Jr. 3 East High Street, Suite 202 Carlisle, PA 17013 (717) 243-6090 Supreme Court 10 No. 82585 _"t'. ,~, .. "~"':c''''''__''_'''1Z,'c-'<~;'?''''"'''''''''--''''''''',",.,'''~~'-' _~'-",""-'" "''''-'' ~-'1~"o' "'~_ 'c;,_" " ' ",,", ' ,. -- -~~ VERIFICATION I. the undersigned, hereby verify that I am the plaintiff in this action and that the facts stated in the above Complaint are true and correct. I understand that false statements herein are made subject to the penalties of PA.C.S. Section 4904, relating to unsworn falsification to authorities. August ~ , 2000 ~~'t6 Shirley J. Woodruff = , ''C ",f, '''', ."~,.,,,,~ c>"~ "",,";'-)'_;' "''-~~'iC'W:'!'''' {1'-',''''';''';--' ,1"'?""':,,', d~',"',' -, ',~,~ ,,', ' -,.. - ,,,',""',~,, ,':P,-"'~";-,""f,',"""",n,""-"~,~^,, ,,'^ ,~ ~,". .....' 'l" ""IlI""'!l' ," ~,,~'!:""'.Y""r:"'-'" , , ," ..~ " ""'_"~ ,~ll '--,--,:""- dj~, ., -.- :;#" Li) ~ ~~h >s~ .~ :::: "~~ o f; r-:,:! (.:::) :,.., -j --J t',', 'f""", _I" :'" .j..- ~ , ~r (-, ---, r, -,'l ~) (:":';;i'1 ;;;: ~ 'c__O", ,,';'