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Home My WebLink About10-2540IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN THORSON, CIVIL ACTION Plaintiff . ? m ERIN NICOLE KAUTZ, CUSTODY Defendant 4k " COMPLAINT FOR CUSTODY ' 1. The plaintiff is Benjamin Thorson who currently resides at 56 1 North Bedford Street, Carlisle, Pennsylvania, which is in Cumberland County, Pennsylvania. 2. The defendant is Erin Kautz who currently resides at 1715 Anna Street, New Cumberland, Pennsylvania, which is in Cumberland County, Pennsylvania. 3. The plaintiff is seeking custody of the following child: Name Residence Age Mackenzie Rae Kautz 3/23/2010 Age - 1 week The child was born out of wedlock. The child is under the age of five. During the child's life, the child has resided with the following person and at the following address: 17q.tV ?? Io a (List all Persons) (List all Addresses) (Dates) Erin Kautz and Penny 1715 Anna Street Birth Kautz (mother) New Cumberland, PA to present and Kayla Kautz (sister) The mother of the child is Erin Kautz.. Upon information and belief, Katrina is planning to move from this address and Plaintiff will update the Court as necessary and appropriate. She is single. The father of the child is Benjamin Thorson, He is single. 4. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with the following person. Thomas (Plaintiffs father), Cherlene (Plaintiffs mother), Tasha (Plaintiff s sister), Zebylin (Plaintiff's brother) and Jedadiah (Plaintiffs brother). 5. The relationship of defendant to the children is that of mother. The defendant currently resides with the following person. Penny Kautz (Defendant's mother) and Kayla Kautz (Defendant's sister) 6. Plaintiff has not participated as a party or witness or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff is willing and able to perform the primary parental responsibilities for the child. Plaintiff is in the best position to provide the care and nurture which the child needs for healthy development. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, plaintiff requests the court to grant him custody of the minor child. submitted, S ri D. Coover, Esquire ttorney ID 92385 44 S. Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN THORSON, Plaintiff V. ERIN NICOLE KAUTZ, Defendant CIVIL ACTION CUSTODY N ? P G N PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff Benjamin Thorson, by and through his attorney, Sheri D. Coover, Esquire and files the following PETITION FOR SPECIAL RELIEF and in support thereof avers as follows: 1. Defendant Erin Kautz gave birth to the minor child MACKENZIE RAE KA U'Z on March 23, 2010. 2. During periods of her pregnancy Erin Kautz lived with the Plaintiff Benjamin Thorson and made representations to him that he was the father of her unborn child. 3. Plaintiff s relationship started with the Defendant around the time that she became pregnant and Plaintiff was informed by another male that the other male was also having sexual relations with the Defendant around the same time. ?o.00p0l a4 a0/Z? 4. Defendant did not have the Plaintiff named as the child's father on the birth certificate. 5. Since the child's birth, Defendant has resided with her mother and has had minimal contact with the Plaintiff. 6. Plaintiff has attempted to contact the Defendant in an effort to offer assistance with the child, but Defendant has denied him the opportunity to visit with the child or participate in any of the child's doctor's appointments. 7. Plaintiff has requested that the Defendant apply for child support against him so that a paternity test can be done to determine if he is actually the father of the child, but she has not done so at this time and has indicated to him that she does not wish to do so. 8. If Plaintiff is the father of the child, he wishes to participate in the child's life and support the child. 9. Defendant has denied the father's requests for the parties to voluntarily get paternity testing done to determine if he is the father of the child. 10. Plaintiff is requesting that this Court issue an Order directing that paternity testing be done to establish if he is the father of the minor child MACKENZIE KAUTZ. 11. The request for paternity testing is in the child's best interest for medical reasons as well as to allow the Plaintiff to establish a relationship with the child if he actually is the child's father. 12. Without this court's intervention, the Plaintiff is unable to force Defendant to participate in the requested paternity testing. 13. A petition for custody is being filed simultaneously with the filing of this Petition. 14. No order has previously been issued in this case and no judge has previously been assigned to this case. submitted, Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN THORSON, CIVIL ACTION Plaintiff V. ERIN NICOLE KAUTZ, CUSTODY Defendant VERIFICATION I, Benjamin Thorson, hereby certify that I have reviewed the information contained in the foregoing PETITION FOR SPECIAL RELIEF and verify that the facts contained therein are true and correct to the best of my knowledge, information and belief. I understand that I can be liable for penalties of perjury both civilly and criminally under Pennsylvania and federal law for any false statements contained therein. nj Ll' 15 -CV Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN THORSON, CIVIL ACTION Plaintiff V. ERIN NICOLE KAUTZ, CUSTODY Defendant CERTIFICATE OF SERVICE I, Sheri D. Coover, hereby certify that on this 10 r' day of April, 2010, I caused the foregoing PETITION FOR SPECIAL RELIEF to be served upon the following party via United States first class mail and certified mail addressed as follows: Erin Nicole Kautz 1715 Anna Street New Cumberland, PA 17070 submitted, D. Coover, Esquire A orney ID 93285 44 S. Hanover Street Carlisle, PA 17013 . ~. a ~~ ~'~~ ~,TR~?Y Sheri D. Coover, Esquire MAY ~ ~ rR~p Attorney ID 93285 Z~ ~ ~ ~~ ~' J Z ~~ ~ ~ ; ~ ~ 44 S. Hanover Street Carlisle, PA 17013 ~~:.~( '~i~= ,~,~~~ (717) 960-0075 (telephone) ~'~ PtN°' ~YL~J~t~t~~ (717) 960-0074 (facsimile) Attorney for Plaintiff BENJAMIN THORSON, Plaintiff CIVIL ACTION Case No. 10-2540 v. ERIN NICOLE KAUTZ, Defendant CUSTODY ORDER AND NOW, this I~th day of , 2010, upon consideration of Plaintiffs Petition to Withdraw Petition f Special Relief, Plaintiff Benjamin Thorson's Petition to Withdraw is hereby GRANTED and hearing pending before the Honorable Judge Ebert is hereby CANCELLED. ~~. Distribution List: ./ Sheri D. Coover, Esquire (Plaintiff's counsel) 4~4 S. Hanover Street, Carlisle, PA 17013 Erin Nicole Kautz (pro se) 1715 Anna Street, New Cumberland, PA 17070 Cod, ~'~.s ,.,,mac sl«.~~v ~''1 o~ ~; ~° MAY i 4 2010 r1~ 11 ~~ fir,^}~"~~~,~:Ji~RY Sheri D. Coover, Esquire Attorney ID 93285 ~Q(Q ~4~Y (i~ ~~ 3~ LEt 44 S. Hanover Street PA 17013 Cazlisie ~Ui~1?Y ~ •+' ~'~~~ {~,~ =,' CUP,~~`~ , (717) 960-0075 (telephone) , , . ~~_ ,1PvSl'! 1~~~~~1A. (717) 960-0074 (facsimile) Attorney for Plaintiff BENJAMIN THORSON, Plaintiff v. ERIN NICOLE KAUTZ, Defendant CIVIL ACTION Case No. 10-2540 CUSTODY ORDER tk AND NOW, this ~ ~ day of ~ 2010, upon consideration of Plaintiff's Motion to Withdraw Custody etition, Plaintiff Benjamin 'Thorson's Motion to Withdraw Custody Complaint is hereby GRANTED. ~,. Distribution List: Sheri D. Coover, Esquire (Plaintiff's counsel) X44 S. Hanover Street, Cazlisle, PA 17013 ./ Erin Nicole Kautz (pro se) 1715 Anna Street, New Cumberland, PA 17070 ~~'~ t F. S m~. t ~cl.. ~~l ~ J~v ~~ ~--