Olinger v. The Church of Jesus Christ of Latter Day Saints et al

Filing 4

Olinger v. The Church of Jesus Christ of Latter Day Saints et al

Doc. 4

Case 5:07-cv-00029-JMH

Document 4

Filed 02/06/2007

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON CIVIL ACTION NO. 07-00029-JMH

BARBARA OLINGER, as Mother and Next Friend of "A," a Minor Child Under the Age of 18 Years

PLAINTIFF

v. THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS and JASON STARKS

ANSWER DEFENDANTS

Comes the defendant, Jason Starks, by and through counsel and for his answer to the Verified Petition herein states as follows: FIRST DEFENSE The Verified Petition fails to state a claim upon which relief may be granted against this defendant. SECOND DEFENSE Plaintiff's claim herein should be dismissed as to this defendant for the reason that this Court has no personal jurisdiction over this defendant; this defendant has not been properly served. THIRD DEFENSE 1. In response to the specific allegations contained in numerical Paragraph 1 of the Verified Petition, this defendant states that he lacks sufficient information to either admit or deny the

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Case 5:07-cv-00029-JMH

Document 4

Filed 02/06/2007

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allegations that plaintiff Barbara Olinger and her minor child are now both residents of Lee County, Kentucky. Further, this defendant denies the allegation that the Church of Jesus Christ of Latter Days Saints is a resident of Lee County, Kentucky. This defendant admits that he is a nonresident of Kentucky. 2. This defendant denies the allegations contained in numerical Paragraph 2 of the Verified Petition. 3. This defendant admits the allegations contained in numerical Paragraph 3. 4. The allegations contained in numerical Paragraphs 4, 5, 6, and 7 of the Verified Petition are denied. WHEREFORE, this defendant respectfully requests that: 1. The plaintiff recover naught against this defendant; 2. The defendant recover his costs herein expended, including attorneys fees; 3. That this defendant be granted any and all other relief to which he may appear entitled; and 4. That this matter be dismissed against this defendant with prejudice.

s/ Bernard Pafunda Attorney for: Defendant, Jason Starks Pafunda Law Office 175 E. Main Street, Ste. 600 Lexington, Kentucky 40507 Telephone: [phone] Facsimile: [phone] [e-mail]

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Case 5:07-cv-00029-JMH

Document 4

Filed 02/06/2007

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CERTIFICATE OF SERVICE I hereby certify that on February 6, 2007, I electronically filed the foregoing with the clerk of the court by using the CM/ECF system, which will send a notice of electronic filing to the following: Hon. Michael Stidham Hon. Bruce Fancisky P.O. Box 732 Jackson, Kentucky 41339 Attorneys For Plaintiff [e-mail] Hon. Jon L. Fleischaker Hon. Jeremy S. Rogers Dinsmore & Shohl, LLP 1400 PNC Plaza 500 West Jefferson Street Louisville, Kentucky 40202 Counsel for Corporation of the President of The Church of Jesus Christ of Latter Day Saints [e-mail] [e-mail] I further certify that I mailed the foregoing document and the notice of electronic filing by first class mail, to the following: Hon. Kendall Robinson 212 Church P.O. Box 710 Booneville, Kentucky 41314 Warning Order Attorney

s/ Bernard Pafunda Attorney for: Defendant, Jason Starks Pafunda Law Office 175 E. Main Street, Ste. 600 Lexington, Kentucky 40507 Telephone: [phone] Facsimile: [phone] [e-mail] 3