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Home My WebLink About04-6353CHRISTOPHER M. FAIRCLOTH, Plaintiff V. HOLLY J. FAIRCLOTH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 04-6353 CIVIL TERM : : CUSTODY NOTICE TO PLEAD IMPORTANT NOTICE If you wish to defend against the claims set forth in the following pages, you must take action within twenty days (20) days after this Complaint for Custody and Petition for Special Relief and notice are served, by entering a written appearance personally or by 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 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 32 S. Bedford Street Carlisle, PA 17013-3302 (717) 249-3166 CHRISTOPHER M. FAIRCLOTH, Plaintiff V. HOLLY J. FAIRCLOTH, Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW · NO. Z:~-' ~' ..'3.~-1' · CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND PETITION FOR SPECIAL RELIEF 1. The plaintiff is Christopher M. Faircloth, residing at 100 Orchard Crest Court, Gardners, Cumberland County, Pennsylvania. 2. The defendant is Holly J. Faircloth, who was residing at 100 Orchard Crest Court, Gardners, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Present Residence Emilee Paige Faircloth 100 Orchard Crest Ct, Gardners, PA Daulton Ray Faircloth 100 Orchard Crest Ct, Gardners, PA Age 7 5 The children were not born out of wedlock. The children are presently in the custody of mother who is at an unknown location in Michigan. During the past five years, the children have resided with the following persons and at the following addresses: Person Address Dates Christopher M. & Holly J. Faircloth 100 Orchard Crest Ct, Gardners, PA 1115197-12110104 The mother of the children is Holly J. Faircloth, and her current residence is unknown She is married. The father of the children is Christopher M. Faircloth, currently residing at 100 Orchard Crest Court, Carlisle, PA. He is married. 4. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with the following persons: Name Relationship NONE 5. The relationship of defendant to the children is that of mother. The defendant currently resides with the following persons: Name Relationship UNKNOWN 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff can provide the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; b) Plaintiff is willing to accept custody of the children; c) Plaintiff continues to exercise parental duties and enjoys the love and affection of the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. ,All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: Name ,Address Basis of Claim NONE 9. The first time Defendant absconded with the children to Michigan, by removing them from school without Plaintiff's knowledge, was on or about November 10, 2004. 10. Defendant returned to Pennsylvania on November 17, 2004. 11. Defendant had been staying with her cousin, Darla Nickle of Baldwin, Michigan, during her absence. 12. Defendant again removed the children from school without Plaintiff's knowledge on December 13, 2004, and is rumored to be in Michigan. 13. Darla Nickle purports not to know where Defendant is located. 15. Defendant has not contacted Plaintiff since her departure. 16. Plaintiff believes that Defendant will be contacting the appropriate State Department in Michigan to seek Assistance and establish residence to include enrolling the children in school. 17. Plaintiff submits that Cumberland County, Pennsylvania has jurisdiction of the children. WHEREFORE, Plaintiff respectfully requests that a pick up order be issued to return the children to his legal and physical custody once Defendant is located and until a conciliation can be scheduled. Respectfully submitted, ~l,~dsay Dam~Baird, Esquire ~'37 South Hanover Carlisle, PA 17013 Attorney for Plaintiff I verify that to best of my knowledge and belief, the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. Christophe~r M. Faircloth, Plaintiff CHRISTOPHER M. FAIRCLOTH, Plaimiff Vo HOLLY J. FAIRCLOTH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COLrNTY, PENNSYLVANIA : No. 04-6353 CIVIL TERM : : CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Christopher M. Faircloth, the Plaintiff in this matter: Joseph D. Buckley, Esquire Supreme Court I. D. # 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 Thank you. Date: 01/06/05 CHRISTOPHER M. FAIRCLOTH PLAINTIFF HOLLY J. FAIRCLOTH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-6353 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, ,January 03, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday,'February. 01, 2005 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be 13resent at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Soecial Relief orders, and Custody orders to the conciliator 48 hours I~rior to scheduled hearin£. FOR THE COURT. By: /s/ Jacqueh'ne M. Verney~ Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infbrmation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17C, 13 Telephone (717) 249-3 166 Lid L-\ JAN 2 8 2005(/ CHRISTOPHER M. FAIRCLOTH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 04-6353 CIVIL TERM HOLLY J. FAIRCLOTH, Defendant CUSTODY ORDER OF COURT AND NOW, this zr day of ~"i , 2005 upon presentation and consideration of the attached Custody Stipulation and Agreemt:nt, it is hereby Ordered and Directed that it be entered as an Order of Court. By the Court ;!'lolly J. Faircloth, Defendant 1 J. fiseph D. Buckley, Esquire ,> Attorney for the Plaintiff ~ 01-t~-05 FILED-OfFICE ^- 11'r"' r:.~.'(\T> \,....,J~ ''''~-! I'R. v t;r n= rJ~';,...: \ r"'h, ~\") i",. ~ 7.005 JMl28 PM 3: 33 - c'(,\ CHRISTOPHER M. FAIRCLOTH,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-6353 CIVIL TERM HOLLY J. FAIRCLOTH, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW. this 28th day of January, 2005, the Conciliator having been advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, , ( ~, line M. Vernt:y, Esquire, Custody 0 ciliator "" ~ ..."".".Y I.' ~, C:0! '~h -., 1""-'\ cU ") '::j'i ,-I ~:: :\1 I f0 , " (ft r.J