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NO. COA02-1595 NORTH CAROLINA COURT OF APPEALS Filed: LERLEAN COTTON, Plaintiff v. JOSEPH JONES, Defendant Appeal by defendant from an order entered 20 August 2002 by Judge Regan A. Miller in Mecklenburg County District Court. in the Court of Appeals 18 September 2003. Lerlean Cotton, plaintiff-appellee, pro se. Timothy M. Stokes for defendant-appellant. HUNTER, Judge. Joseph Jones ("defendant") appeals from an order dated 20 August 2002 denying his "Motion for Relief from Judgment or Order" and requiring him to comply with a child support and custody order filed 9 July 2001. We conclude the requirements for service by Heard Mecklenburg County No. 01-CVD-6309 21 October 2003

publication were not met and no personal jurisdiction was obtained over the defendant. Therefore, the order denying relief from

judgment is reversed and the underlying child support and custody order is vacated. On 1 April 2001, Lerlean Cotton ("plaintiff") filed a

complaint against defendant seeking custody of her two children and an order for defendant to pay child support. The complaint alleged that defendant had stated he did not want to support or be held

-2responsible for his children. The complaint also alleged that both parties were residents of Mecklenburg County, North Carolina, that the children had resided with plaintiff since their birth, and that Mecklenburg County District Court had both personal and subject matter jurisdiction over the matter. On 2 April 2001, a civil

summons was issued to defendant stating his name but no address. The word "unknown" appeared in the section designated for an address. There is no indication in the record of any attempt to Although the

serve defendant by mail at his last known address.

judge believed plaintiff had made diligent efforts to locate defendant, plaintiff failed to file with the trial court an

affidavit required under N.C. Gen. Stat.

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