HomeMy WebLinkAbout06-0659JAMES K. STORTS,
V.
IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
JACKIE L. DARRELL,
Defendant
: CIVIL ACTION - LAW
NO. 2006 - [^ C9 CIVIL TERM
IN CUSTODY
COMPLAINT
NOW comes the plaintiff, JAMES K. STORTS, by his attorney, Harold S. Irwin, III,
Esquire, and presents the following complaint for custody, representing as follows:
1. The plaintiff is JAMES K. STORTS, an adult individual residing at 1220 Pine
Road, Carlisle, Cumberland County, Pennsylvania 17013.
2. The defendant is JACKIE L. DARRELL, an adult individual residing at 45 Betty
Nelson Court, Lot No. 5, Carlisle, Cumberland County, Pennsylvania 17013.
3. The parties are the parents of a minor child, namely Laurance M. Storts (born
October 18, 2005, age 3 months).
4. The child resided with both parties from the time of his birth until their separation
in the first week of December, 2005. Between the date of separation and January 29,
2006, the parties shared joint physical custody of the child with the defendant having the
child for five days a week and plaintiff having the child for two days a week.
5. Due to the deplorable conditions in which the defendant has placed the child,
after picking up the child on January 29, 2006, plaintiff decided not to return the child to
the residence of the mother and the child has resided with him since that time.
6. The defendant was living with the child with two other adults and two other
children in a three bedroom trailer in totally unsanitary, unhealthy and disgusting
conditions which plaintiff deemed harmful to the health and welfare of the child.
7. 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 any other custody proceeding concerning the child pending in a court of
this Commonwealth.
8. 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.
9. Plaintiff believes and therefore avers that the best interests and permanent
welfare of the child require that the parties have joint legal custody of the child, that
plaintiff have primary physical custody and that defendant have specified periods of
supervised visitation with the child in accordance with a schedule and under certain
conditions which may be agreed upon at a conciliation to be held in this matter.
WHEREFORE, plaintiff respectfully requests that the court enter an order providing for
the legal and physical custody of the childk , . as aforesaid.
February 1, 2006
HAROLD S. IRWIN, III
Attorney for Plaintiff
64 South Pitt Street
Carlisle, Pennsylvania 17013
(717) 243-6090
Supreme Court I.D. No. 29920
VERIFICATION
I do hereby verify that the acts set forth in this petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
February 1, 2006 061"Ua? ra k
JAMES K. STORTS
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JAMES K. STORTS IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JACKIE L. DARRELL
DEFENDANT
06-659 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, February 07, 2006 , 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 28, 2006 at 10:30 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 present 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,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ ,Jacqueline M. Verney, Es
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 information 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 WIIERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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I,LCEIVED FED ; U' ,--10;11
JAMES K. STORTS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2006-659 CIVIL ACTION - LAW
JACKIE L. DARRELL,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this 28`h day of February, 2006, being advised that the parties have
reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this
matter.
FOR THE COURT,
lcq ine M. Verney, Esquire, Custod Conciliator
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACKIE DARRELL, /
Petitioner 2006 - 659 CIVIL TERM
• d a 01% /11 -r
7nn67 IS E, 1 Y 1 V TfiR
V.
JAMES STORTS,
Respondent
CIVIL ACTION - LAW
CUSTODY
PRAECIPE for ENTRY of APPEARANCE
To the Prothonotary:
Kindly enter my appearance on behalf of Jackie Darrell, Petitioner. Papers may
be served at the address set forth below:
Spencer Abel Law Office
Suzanne Spencer Abel, Esq.
Attorney ID # 202443
22 East Street, #6
Mt. Holly Springs, PA 17065
(717) 323-0046
Date: Q
Su nne Spencer Abel, Esq.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACKIE DARRELL,
Petitioner 2006 - 659 CIVIL TERM
2006 - 713 CIVIL TERM
V.
JAMES STORTS,
Respondent
CIVIL ACTION - LAW
CUSTODY
PETITION FOR MODIFICATION OF A CUSTODY ORDER
AND NOW, this 59C-?_ day of March, 2007, comes Petitioner, Jackie
Darrell, by and through her attorney, Suzanne Spencer Abel, Esq., and who avers as
follows:
1. The petition of Jackie Darrell respectfully represents that on January 2, 2007, an
Order of Court was entered for partial custody. A true and correct copy of which
is attached.
2. This Order should be modified because the subject minor child is eligible to
receive the services of Head Start's Early Intervention Program, to address his
language deficits. To receive the bi-weekly services, the child must be available
every week. The alternating weekly custody presently Ordered precludes the
minor child from receiving the needed services.
WHEREFORE, Petitioner, Jackie Darrell, respectfully requests this Honorable
Court modify the existing Order for partial custody because it will be in the best interest
of the child.
Respectfully submitted,
Spencer Abel Law Office
s
uz n e Spen r Abel, Esq.
Atto ey ID #202443
22 East Street, #6
Mt Holly Springs, PA 17065
(717) 323-0046
spencer_abel_esq@fastmail.fm
Counsel for Petitioner, Jackie Darrell
Page 2
. S
JACKIE L. DARRELL, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2006-713 CIVIL ACTION - LAW
JAMES K. STORTS,
Defendant IN CUSTODY
ORDER OF COURT
n
AND NOW, this day o , 2007, upon
consideration of the attached Custody Conciliation Report is ordered and directed as
follows:
1. The prior Orders of Court dated March 3, 2006 and October 18, 2006 are
hereby vacated.
2. The Mother, Jackie L. Darrell and the Father, James K. Storts, shall have
shared legal custody of Laurence Storts, born October 3, 2005. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Child's general well-being including, but not limited
to, all decisions regarding his health, education and religion. Pursuant to the terms of 23
Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to
the child including, but not limited to medical, dental, religious or school records, the
residence address of the child and telephone number of the other parent. To the extent
one parent has possession of any such records or information, that parent shall be
required to share the same, or copies thereof, with the other parent within such reasonable
time as to make the records and information of reasonable use to the other parent. Both
parents shall be entitled to full participation in all educational and medical/treatment
planning meetings and evaluations with regard to the minor child. Each parent shall be
entitled to full and complete information from any physician, dentist, teacher or authority
and copies of any reports given to them as parents including, but not limited to: medical
records, birth certificates, school or educational attendance records or report cards.
Additionally, each parent shall be entitled to receive copies of any notices which come
from school with regard to school pictures, extracurricular activities, children's parties,
musical presentations, back-to-school nights, and the like.
3. The parents shall have shared physical custody on a week on/week off
basis with the exchange day and time being Sunday at 5:00 p.m. Father's week shall
begin Sunday, December 31, 2006.
4. The non-custodial parent shall have physical custody of the child on
Wednesday from 5:00 p.m. to Thursday at 5:00 p.m.
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5. The parties shall share transportation such that they will meet at the
Harrisburg East Mall, outside of the Bass Pro shop side parking lot. The parties shall be
present at the custody exchange.
6. Thanksgiving shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to
9:00 p.m. The custodial parent shall have the early time.
7. Christmas shall be divided into two Blocks. Block A shall be from 12:00
noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from
Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A
in odd numbered years and Block B in even numbered years. Father shall have Block A
in even numbered years and Block B in odd numbered years.
8. Mother shall always have physical custody of the child on Easter
beginning at 9:00 a.m. to 5:00 p.m.
9. Father shall have physical custody of the child on Father's Day from 9:00
a.m. to 5:00 p.m. Mother shall have physical custody of the child on Mother's Day from
9:00 a.m. to 5:00 p.m.
10. If it is not her custodial period, Mother shall have a block of time with the
child on Memorial Day, July 4th and Labor Day.
11. The parties shall have reasonable telephone contact with each other and
the child.
12. Neither party shall do or say anything nor permit third parties to do or say
anything that may estrange the child from the other parent, injure the opinion of the child
as to the other parent, or hamper the free and natural development of the child's love and
respect for the other parent.
13. Neither party may partake in illegal drugs or consume alcohol to the point
of intoxication immediately before or during their periods of physical custody. Neither
parent may smoke in the presence of the child or permit third parties to smoke in the
child's presence.
14. The parties agree that Mother will claim the child as a tax deduction in
even numbered years and Father will claim the child as a tax deduction in odd numbered
years.
15. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control.
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BY THE COURT,
P-1-M - I - CP-Q4jf'h ? a .
M. L. Ebert, Jr., J.
cc: Suzanne Spencer Abel, Esquire, Counsel for Mother
James K. Storts, pro se
7 North P Street
Lebanon, PA 17046
ORD
my hand
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACKIE DARRELL,
Petitioner 2006 - 659 CIVIL TERM
2006 - 713 CIVIL TERM
V.
CIVIL ACTION - LAW
JAMES STORTS, CUSTODY
Respondent
VERIFICATION
I VERIFY that I have personal knowledge of all facts not of record set forth in the
foregoing pleading, and that such statements are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to
authorities.
Date: d ?)4jujj
Jackie Darrell
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JACKIE DARRELL,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner 2006 - 659 CIVIL TERM
2006 - 713 CIVIL TERM
V.
JAMES STORTS,
Respondent
CIVIL ACTION - LAW
CUSTODY
CERTIFICATE OF SERVICE
I certify that, concurrent with filing the foregoing Petition for Modification of a
Custody Order, I am this day serving a copy of same by certified, return receipt
requested, First Class Mail, to the following:
James Storts
P.O. Box 812
Lebanon, PA 17042
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Date: C
uza a Spen r Abel
I.D. 02443
22 East Street, #6
Mt. Holly Springs, PA 17065
(717) 323-0046
spencer_abel_esq@fastmail.fm
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACKIE DARRELL,
Petitioner 2006 - 659 CIVIL TERM
2006 - 713 CIVIL TERM
V.
CIVIL ACTION - LAW
JAMES STORTS, CUSTODY
Respondent
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow Jackie Darrell, Petitioner, to proceed in forma pauperis.
I, Suzanne Spencer Abel, attorney for the party proceeding in forma pauperis,
certify that I believe the party is unable to pay the costs and that I am providing free
legal service to the party.
Respectfully submitted,
Spencer Abel Law Office
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Suz a Spen er Abel, Esq.
ID U2443
22 East Street, #6
Mt Holly Springs, PA 17065
(717) 323-0046
spencer_abel-esq a@fastmail.fm
Counsel for Petitioner, Jackie Darrell
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JACKIE DARRELL,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner 2006 - 659 CIVIL TERM
2006 - 713 CIVIL TERM
V.
Respondent
VERIFICATION
1 VERIFY that I have personal knowledge of all facts not of record set forth in the
CIVIL ACTION - LAW
JAMES STORTS, CUSTODY
foregoing pleading, and that such statements are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to
authorities.
o-1
Date.
Jackie Darrell
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACKIE DARRELL,
Petitioner 2006 - 659 CIVIL TERM
: 2006 - 713 CIVIL TERM
V. :
CIVIL ACTION - LAW
JAMES STORTS, : CUSTODY
Respondent
AFFIDAVIT PURSUANT TO Pa.R.C.P. 240(c)
1. I am the Petitioner in the above matters and because of my financial condition
am unable to pay the fees and costs of prosecuting or defending the action or
proceeding.
2. 1 am unable to obtain funds from anyone, including my family and associates, to
pay the costs of litigation.
3. 1 represent that the information below relating to my ability to pay the fees and
costs is true and correct: \n
(a) Name:
Address:
Social Security #:
V[A \?13?1
V- u U-S Q 3
(b) Employment: If you are presently employed, state:
Employer:
Address:
Page 1
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Salary or wages per month:
Type of work:
If you are presently unemployed, state:
Date of last employment:
Salary or wages per month:
Type of work:
(c) Other Income within the past twelve months:
Business or profession: \(? , Am \a\
Other self-employment:
Interest:
Dividends:
Pension & Annuities:
Social Security benefits:
Support Payments:
Disability Payments: ,
Unemployment Comp & Supplemental Benefits:
Workers' Compensation:
Public Assistance:
Other:
Page 2
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(d) Other contributions to household support:
(Wife)(Husband) Name: a??)Cvlh \\eQ-L
If spouse is employed, state:
eN
Employer:
Salary or wages per month:
Type of work: S G?????C \ \
Contributions from children: _
Contributions from parents: _
Other contributions:
(e) Property owned:
Cash:
Checking Account:
Savings Account:
Certificates of Deposit:
Real Estate (including home):
Motor Vehicle:
Make: ??xc A Year: (? ,
Cost: ,Q Amount Owed: tAQ
Stocks & Bonds:
Other:
Page 3
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(f)
Debts and Obligations:
Mortgage:
Rent: S LA ,
4
5.
Loans:
Other:_ 'V1 ?U, -
(g) Persons dependent upon you for support:
(Wife)(Husband) Name:
Children, if any:
Name:_LA, e\--,c_Q, Age rno*1s
Name: Age
Other persons:
Name: `!?'? VU'C 1'? Y \ \ \At ?Sk 2AI
Relationship:
I understand that I have a continuing obligation to inform the court of
improvement in my financial circumstances that would permit me to pay the
costs incurred herein.
The verification for this Praecipe is attached hereto and is incorporated herein
by reference.
Page 4
A
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACKIE DARRELL,
Petitioner 2006 - 659 CIVIL TERM
2006 - 713 CIVIL TERM
V.
CIVIL ACTION - LAW
JAMES STORTS, CUSTODY
Respondent
VERIFICATION
I VERIFY that I have personal knowledge of all facts not of record set forth in the
foregoing pleading, and that such statements are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to
authorities.
Date:
Jackie Darrell
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JACKIE DARRELL IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JAMES SHORTS
DEFENDANT.
06-659 & CIVIL ACTION LAW
06-713
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, April 11, 2007 , 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 Thursday, May 03, 2007 at 10:30 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 present 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,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Jacqueline 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 information 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 17013
Telephone (717) 249-3166
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JACKIE DARRELL, IN THE COURT OF COMMON PLEAS OF
PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA
V. 06-0659 CIVIL
06-0713 CIVIL
JAMES STORTS,
RESPONDENT CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this 91h day of April, 2007, upon examination of Petitioner's Affidavit
filed pursuant to Pa.R.C.P. 240, IT IS HEREBY ORDERED AND DIRECTED that Jackie
Darrell may proceed in the above-captioned cases in Forma Pauperis.
By the Court,
`t, ?.
. ?A M. L. Ebert, Jr., J.
Suzanne Spencer Abel, Esquire
Counsel for Petitioner
James Storts
Respondent
Court Administrator
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACKIE DARRELL,
Petitioner 2006 - 659 CIVIL TERM
2006 - 713 CIVIL TERM
V.
CIVIL ACTION - LAW
JAMES STORTS, CUSTODY
Respondent
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly waive the filing fees for Petitioner, Jackie Darrell in this matter because 1
believe the party is unable to pay the costs; and I am representing the Petitioner pro
bono at this time.
Respectfully submitted,
Spencer Abel Law Office
u a ne Spe cer Abe , Esq.
ID 2443
22 East Street, #6
Mt Holly Springs, PA 17065
(717) 323-0046
spencer_abel esq@fastmail.fm
Counsel for Petitioner, Jackie Darrell
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACKIE DARRELL,
Petitioner 2006 - 659 CIVIL TERM
2006 - 713 CIVIL TERM
V.
CIVIL ACTION - LAW
JAMES STORTS, CUSTODY
Respondent
EMERGENCY PETITION FOR SPECIAL RELIEF
PURUSANT TO Pa.R.C.P. 1915.13
AND NOW, this day of April, 2007, comes Petitioner, Jackie Darrell,
by and through her attorney, Suzanne Spencer Abel, Esq., and who avers as follows:
1. Petitioner and Respondent have an unfortunately extensive litigation history
involving the parties' 20-month old minor child.
2. The parties presently share physical custody of their child on an alternating
weekly basis, pursuant to an Order of Court dated January 2, 2007, a true copy
of which is attached.
3. Petitioner filed a Petition to Modify an Existing Custody Order on March 29, 2007.
4. A Conciliation Conference is scheduled before Jackie Verney, Esq., Conciliator
for Thursday, May 3, 2007 at 10:30 AM, a true copy of which is attached.
5. On Sunday, April 8, 2007, custody of the parties' minor child was transferred
from Petitioner to Respondent, pursuant to the January Order.
6. Petitioner now resides in Hanover, York County; and Respondent now resides in
Lebanon, Lebanon County.
7. On Thursday, April 12, 2007, Petitioner received a phone call from a female who
identified herself as an employee of the Lebanon County Office of Children &
Youth Services (LCCYS) who advised Petitioner that she was being investigated
pursuant to a report of abuse regarding the minor child, and that custody was to
remain with Respondent until the investigation is completed.
8. Also on Thursday, April 12, 2007, Respondent called Petitioner to confirm that he
took the child to the Lebanon Valley Hospital on for evaluation and referral of an
alleged bruise on the child's back, and that Respondent was similarly advised
that custody is to remain with Respondent until an investigation is completed.
9. On Wednesday, April 18, 2007, Petitioner received a call, allegedly from LCCYS,
wherein the caller advised that the referral to York County would be made "when
I get around to it" and that the York County Office of Children & Youth Services
(YCCYS) would contact Petitioner. The caller reiterated that the child is to
remain with Respondent until Petitioner is notified otherwise.
10. Petitioner adamantly denies that she or her husband have ever mistreated the
minor child.
11. Nevertheless, in compliance with the directive allegedly ordered by LCCYS,
Petitioner has not enjoyed her regular week of custody that was to occur April 15-
22,2007.
Page 2
12. As of Friday, April 20, 2007, neither the York offices of YCCYS, nor the Hanover
office of YCCYS, have received a referral from LCCYS.
13. Also as of Friday, April 20, 2007, the LCCYS will not confirm or deny the
existence of a report or investigation with their office relating to Petitioner.
14. Petitioner believes, and therefore avers, that the alleged involvement of any
Children & Youth office is a fabrication perpetrated by Respondent to gain a
strategic advantage at the upcoming Conciliation Conference.
WHEREFORE, Petitioner, Jackie Darrell, respectfully requests this Honorable
Court to once again restore the status quo by entering an Emergency Order
immediately directing the return of the child to Petitioner, with commensurate make up
time, pending the Conciliation Conference already scheduled.
Respectfully submitted,
Spencer Abel Law Office
% Af II 1;?IAIIMII L tj
AA AI..A
Su ne Spender Abel, Esq.
Atto y ID #202443
22 East Street, #6
Mt Holly Springs, PA 17065
(717) 323-0046
spencer_abel_esq@fastmail.fm
Counsel for Petitioner, Jackie Darrell
Page 3
JACKIE L. DARRELL, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2006-713 CIVIL ACTION - LAW
JAMES K. STORTS,
Defendant IN CUSTODY
ORDER OF COURT
n
AND NOW, this day o ??LLJILR I kloo* , 2007, upon
consideration of the attached Custody Conciliation Report is ordered and directed as
follows:
1. The prior Orders of Court dated March 3, 2006 and October 18, 2006 are
hereby vacated.
2. The Mother, Jackie L. Darrell and the Father, James K. Storts, shall have
shared legal custody of Laurence Storts, born October 3, 2005. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Child's general well-being including, but not limited
to, all decisions regarding his health, education and religion. Pursuant to the terms of 23
Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to
the child including, but not limited to medical, dental, religious or school records, the
residence address of the child and telephone number of the other parent. To the extent
one parent has possession of any such records or information, that parent shall be
required to share the same, or copies thereof, with the other parent within such reasonable
time as to make the records and information of reasonable use to the other parent. Both
parents shall be entitled to full participation in all educational and medical/treatment
planning meetings and evaluations with regard to the minor child. Each parent shall be
entitled to full and complete information from any physician, dentist, teacher or authority
and copies of any reports given to them as parents including, but not limited to: medical
records, birth certificates, school or educational attendance records or report cards.
Additionally, each parent shall be entitled to receive copies of any notices which come
from school with regard to school pictures, extracurricular activities, children's parties,
musical presentations, back-to-school nights, and the like.
3. The parents shall have shared physical custody on a week on/week off
basis with the exchange day and time being Sunday at 5:00 p.m. Father's week shall
begin Sunday, December 31, 2006.
4. The non-custodial parent shall have physical custody of the child on
Wednesday from 5:00 p.m. to Thursday at 5:00 p.m.
BY THE COURT,
9-M 4- (P&Ih? -il.
M. L. Ebert, Jr., J.
cc: Suzanne Spencer Abel, Esquire, Counsel for Mother
James K. Storts, pro se
7 North 3`d Street
Lebanon, PA 17046
-?:ORD
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JACKIE DARRELL
PLAINTIFF
V.
JAMES SHORTS
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
06-659 & CIVIL ACTION LAW
06-713
IN CUSTODY
ORDER OF COURT
AND NOW Wednesday, April 11, 2007 , 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 Thursday, May 03, 2007 at 10:30 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 present at the conference. Failure to appear at the conference inav
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,
Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ ac ueline M. Verne Es g.
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 information 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 17013 TRUE COPY FROW RECORD
Telephone '(717) 249-316M Testimony wlvh r, ,-f, 1 h. re unto set my hand
and the seal of say at Carlisle, Pa.
This ...../..a.... day of .41; .....; ......
Prothonotary
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACKIE DARRELL,
Petitioner 2006 - 659 CIVIL TERM
2006 - 713 CIVIL TERM
V.
CIVIL ACTION - LAW
JAMES STORTS, CUSTODY
Respondent
VERIFICATION
I VERIFY that I have personal knowledge of all facts not of record set forth in the
foregoing pleading, and that such statements are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S.A. §4904, relating'to unsworn falsification to
authorities.
q
/o
Date:
?)"
Jackie Darrell
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACKIE DARRELL,
V.
JAMES STORTS,
Petitioner 2006 - 659 CIVIL TERM
2006 - 713 CIVIL TERM
Respondent
CIVIL ACTION - LAW
CUSTODY
CERTIFICATE OF SERVICE
I certify that, concurrent with filing the foregoing Emergency Petition for Special
Relief, I am this day serving a copy of same by certified, return receipt requested, First
Class Mail, to the following:
James Storts
P.O. Box 812
Lebanon, PA 17042
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Date:
Al JAI / 1"11 JWXAV
Sk ne Sp cer Abel
I.D. 02443
22 East Street, #6
Mt. Holly Springs, PA 17065
(717) 323-0046
spencer abel_esq c@fastmail.fm
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACKIE DARRELL, :
Plaintiff 2006 - 659 CIVIL TERM
2006 - 713 CIVIL TERM
V.
CIVIL ACTION - LAW
JAMES STORTS, CUSTODY
Defendant
STIPULATION FOR CUSTODY
AND NOW, this 4+ day of February, 2008, Plaintiff, Jackie Darrell (hereinafter
"Mother"), and Defendant, James Storts (hereinafter "Father"), having the best interest of their
minor child, Laurence Storts, born October 3, 2005, in mind, do hereby agree and stipulate as
follows:
1. The parties agree and acknowledge that it is in the best interest and welfare of the minor
child that they have shared legal custody. The parties' agreement to shared legal custody
is in consideration of the following:
a. Both parents recognize that each of them need to be fully involved in all aspects
of their child's welfare and happiness;
b. Both parents agree that their child presently perceives both parents as a source of
love and security and wishes to continue both relationships;
C. Both parents agree that they possess the ability to communicate and cooperate
with each other in promoting their child's best interest;
d. Both parents will attempt by all possible means to foster their child's relationship
with the other parent. Both parents realize and appreciate that it is critical for
their child's healthy development that he feel good about and loving toward both
parents and that both parents play a major role in helping to achieve this goal;
e. Both parents shall fully share information including oral and written reports,
regarding their child concerning all aspects of his life, including, inter ah ,
information concerning schooling and education, health, religion, summer
activities and friends. Both parents shall take part in all decisions concerning the
child; and both parents agree to cooperate to the fullest possible extent in their
child's upbringing to the end that her relationship with both parents shall be as
harmonious as possible. Father and Mother shall confer concerning their best
efforts to agree upon the selection of schools and colleges and any summer
activities in which the child may engage.
2. The parents agree that Mother will relocate from her present residence in Hanover,
Pennsylvania to New Lexington, Ohio, and that Father specifically consents to Mother's
relocation with the following custodial schedule for the minor child.
_ . , ft .
a. The parties agree to maintain their present custody schedule through
Wednesday, February 20, 2008, to allow Mother to take the child to Ohio for a
weekend visit.
b. The parties agree that Father will enjoy custody of the minor child from Saturday,
February 16, 2008 through Saturday, April 5, 2008 to allow Mother to settle in
with her new community.
c. The parties agree that Mother will enjoy custody of the minor child from
Saturday, April 5, 2008 through Saturday, May 3, 2008.
d. The parties agree that thereafter they shall share physical custody of the minor
child, with Father and Mother enjoying primary custody on alternating months,
with exchanges to be conducted on the first Saturday of each calendar month at
the Harrisburg East Mall at a mutually agreed upon time.
3. The parties agree that both parents shall enjoy liberal telephone contact with the child
during their non-custodial months.
4. The parties agree that Mother shall claim Child one her income taxes in odd years, and
Father shall claim the Child on his income taxes in even years, regardless of when the
return is filled; so that Mother will claim Child on her 2007 tax return, and Father will
claim Child on his 2008 tax return, etc.
5. The parties agree that each parent shall obtain health insurance for the child for their
month-long periods of custody.
6. The parties agree that each parent will make every possible effort to ensure that Child
continues to receive the Early Intervention / Head Start support services he has been
receiving weekly at Mother's home.
7. The parties agree that this Stipulation is subject to verbal modification as agreed to by
the parties.
8. The parties agree that this Stipulation shall supersede any existing custody
arrangements between the parties.
9. The parties further agree that this Stipulation shall be entered with an Order of Court.
10. This Stipulation shall continue in full force and effect until further Order of Court.
IN WITNESS WHEREOF, the parties hereunto set their hands and seal.
MAAS
_bl 2'l
itn ss Date Jackie rrell, Mother
l
Witness Date James Storts, Father
JACKIE L. DARRELL, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2006-713 CIVIL ACTION - LAW
JAMES K. STORTS,
Defendant . IN CUSTODY
ORDER OF COURT
AND NOW, this day of , 2007, upon
consideration of the attached Custody Conciliatio eport, it is ordered and directed as
follows:
1. The prior Order of Court dated January 2, 2007 shall remain in full force
and effect with the following modification and addition. Mother's Petition for Special
Relief is denied.
2. Beginning May 3, 2007 to May 20, 2007 Mother shall have physical
custody of the child. On May 20, 2007, the week on/week-off custody arrangement shall
resume with Father having the week of May 20, 2007.
3. In the event that the child receives Early Intervention or Head Start
services in the home of his Mother, Father shall transport or have him transported to
Mother's home on the days that services are being provided. If Father transports, he may
participate in the therapy. If father's fiancee transports, she is not permitted to participate
in the therapy.
4. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control.
BY THE COURT,
M . Eb rt, Jr., 1J.-
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-19
Jq
MAR 0 42008•r V
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACKIE DARRELL,
Plaintiff 2006 - 659 CIVIL TERM
2006 - 713 CIVIL TERM
V.
JAMES STORTS,
CIVIL ACTION - LAW
CUSTODY
Defendant
ORDER OF COURT
/ th
AND NOW, this 6 day of Mat L? , 2008, upon consideration of the
attached Stipulation for Custody, it is hereby ordered as follows:
The Order of Court entered May 7, 2007, and attached hereto as Exhibit A, is hereby
vacated.
The Stipulation for Custody attached hereto is hereby adopted and entered by Order of
this Court.
This Order shall remain in effect until otherwise Ordered.
BY THE COURT:
Distribution: ames Storts, prose
Suzanne Spencer Abel, Esc{.
Counsel for Plaintiff
v--'Jackie Darrell, Plaintiff
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