HomeMy WebLinkAbout06-0713
MS. JACKIE L. DARRELL, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vi. : CIVIL ACTION - LAW
IN CUSTODY
MR. JAMES K. STORTS,
Defendant. :NO. OG 913 CIVIL TERM
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take prompt action. You are warned that if you fail to do
so, you may lose rights of custody and visitation of your child.
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 St.
Carlisle, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations avail 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.
JACKIE L. DARRELL,
Plaintiff
V.
JAMES K. STORTS,
Defendant.
COMPLAINT FOR CUSTODY
The plaintiff, Ms. Jackie L. Darrell, by her attorneys, the Family Law Clinic, sets
forth the following cause of action in custody.
1. The plaintiff is Ms. Jackie L. Darrell, residing at 45 Betty Nelson Ct. Lot 45,
Carlisle, Cumberland County, Pennsylvania 17013
2. The defendant is Mr. James K. Storts, residing at 1220 Pine Road, Carlisle,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. C - 9/ 3 CIVIL TERM
Cumberland County, Pennsylvania 17013.
3. Plaintiff seeks primary custody of:
Name Present Residence Age
Laurence M. Storts 1220 Pine Road, Carlsile, PA 17013 3 mos.
The child was born out of wedlock.
The child is presently in the custody of James K. Storts, who resides at 1220 Pine
Road, Carlisle, PA 17013.
During the past five years the child has resided with the following persons at the
following addresses:
Persons
James K. Storts
Todd Roland
Laurie Roland
Address
1220 Pine Road
Carlisle, PA 17013
Dates
1/28/06 - present
Jackie L. Darrell
Heather Thomas
45 Betty Nelson Ct. 1/7/06 - 1/28/06
Lot 161 Carlisle, PA 17013
Jackie L. Darrell
Mary J. Black
Jackie L. Darrell
Maya Osten
James K. Storts
75 A. Church Road 12/12/05 - 1/7/06
Etters, PA 17013
25 Betty Nelson Ct. 10/3/05 - 12/12/05
Lot 125 Carlisle, PA 17013
The mother of the child is Jackie Darrell.
She is single.
The father of the child is James K. Storts.
He is married.
4. The relationship of plaintiff to the child is that of mother. The plaintiff currently
resides with the following persons:
Name
Heather Thomas
Relationship
Sister
5. The relationship of defendant to the child is that of father. The defendant
currently resides with the following persons:
Name
Todd Roland
Laurie Roland
Relationship
Friends (No Relation)
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, or any other state. 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 child will be served by granting the
relief requested because:
a. Plaintiff has been the child's primary caretaker for all of the child's life;
b. Plaintiff provides the child with a stable home and environment with
adequate moral, emotional, and physical surroundings as required to meet
the child's needs;
c. Plaintiff has permitted contact between Defendant and the child and will
continue to do so;
d. Plaintiff is willing to accept custody of the child.
8. Each parent whose parental rights to the children have not been terminated and
the person who has physical custody to the child have been named as parties to
this action.
WHEREFORE, plaintiff requests the court to grant her shared legal custody and
primary physical custody of the child, with the father having periods of partial custody.
Date: J-?
Respectfully s witted,
j
K ith an
Certified Legal Intern
THOMAS M. PLACE
ROBERT E. RAINS
LUCYJOHNSTON-WALSH
ANNE MACDONALD-FOX
Supervising Attorneys
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
VERIFICATION
I verify that the statements made in the foregoing Custody Complaint are true and
correct, to the best of my knowledge, information and belief. I understand making any
false statement would subject me to the penalties of t 8 Pa.C.S. §4904, relating to
unsworn falsification to authorities.
Date: L-L..(
Jackie L. Darrell, Petitioner
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JACKIE L. DARRELL,
Plaintiff
JAMES K. STORTS
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. 06-7/3 CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow Jackie L. Darrell , Plaintiff, to proceed in forma pauperis.
The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies
that we believe the party is unable to pay the costs and that we are providing free legal service to
the party.
Respect I itted,
Date
j Kei Hic an
Certified Legal Intern
ROBERT E. RAINS
THOMAS M. PLACE
ANNE MACDONALD-FOX
LUCYJOHNSTON-WALSH
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
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JACKIE DARRELL,
Plaintiff/ Petitioner
V.
JAMES K. STORTS,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
Defendant/ Respondent : No.
CIVIL TERM
PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY
PURSUANT TO PA R.C.P. 1915.13
AND NOW, this 3rd day of February, 2006, pursuant to Rule 1915.13 of the
Pennsylvania Rules of Civil Procedure, comes the Petitioner, Jackie L. Darrell, by her
attorneys, the Family Law Clinic, seeking emergency custody of the minor child,
Laurence Storts, born October 3, 2005. In support of her Petition for Emergency Relief,
Petitioner avers the following:
1. The petitioner is Jackie L. Darrell, an adult individual who resides at 45 Betty
Nelson Ct, Lot 5 Carlisle, Pennsylvania 17013.
2. The respondent is James K. Storts, an adult individual who resides at 1220 Pine
Road, Carlisle, Pennsylvania 17013.
3. The petitioner is the biological mother (hereinafter "Mother") of the three-month-
old minor child, Laurence Storts, born October 3, 2005 (hereinafter "Child").
4. The respondent is the biological father (hereinafter "Father") of the child.
5. The child was born out of wedlock.
6. Child has resided in Cumberland County since birth, except for a brief period
where he resided in Etters, York County, Pennsylvania with his Mother and
Grandmother
7. Mother has been the primary caretaker of the child since his birth.
8. The parties resided together until December 7, 2005.
9. Following their separation on December 7, 2005, the parties agreed to an informal
custody arrangement such that Father had visitation periods with the child every
weekend.
10. Mother agreed to provide transportation for the Child from her residence to
Father's residence on the weekends for visitation.
11. On Sunday, January 28, 2006, Father requested to have the Child overnight.
Mother agreed on the condition that Father would return the Child on the evening
of Tuesday, January 31, 2005.
12. On Tuesday, January 31, 2006, Father telephoned Mother and informed her that
he would not return the Child until ordered by a court.
13. Father has refused to allow Mother to see Child.
14. Since refusing to return the Child to Mother, Father has told Mother that he plans
to take Child to his family's home in Ohio.
15. Mother is filing a Complaint for Custody contemporaneously with this Petition
for Special Relief.
16. Mother believes and therefore avers that it is in the best interests of the minor
child that Mother be granted shared legal and temporary primary physical custody
of the child, pending further Order of Court.
WHEREFORE, the petitioner, Jackie L. Darrell, respectfully requests that this
Honorable Court restore the status quo by entering an Order granting Petitioner shared
legal and temporary primary physical custody of the Child, Laurence Storts, by ordering
Respondent to return the Child immediately to Petitioner and by scheduling this matter
for hearing or conciliation.
Date
Respectfully submitted,
K T CKMAN
Certified Legal Intern
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LUCYJOHNSTON-WALSH
ROBERT E. RAINS
THOMAS M. PLACE
ANNE MACDONALD-FOX
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013-2899
(717) 243-2968
VERIFICATION
I verify that the statements made in the foregoing Custody Complaint are true and
correct, to the best of my knowledge, information and belief. I understand making any
false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to
unsworn falsification to authorities.
Date:
Jackie L- Darrell"
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JACKIE L. DARRELL,
Plaintiff/ Petitioner
V.
JAMES K. STORTS,
Defendant/ Respondent
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
No. f:u -- "T13 CIVIL TERM
ORDER OF COURT
AND NOW, this 3rd day of February, 2006, upon consideration of the attached
Petition for Special Relief, it is hereby Ordered as follows:
1. The petitioner, Jackie L. Darrell, shall have temporary legal and primary physical
custody of her minor child, Laurence Storts, born October 3`d, 2005, until further
Order of Court.
2. The respondent, James K. Storts, shall immediately return Laurence Stotts to
Jackie L. Darrell's care and custody.
3. The respondent, James K. Storts, shall not remove Laurence Storts from the
jurisdiction of this Court pending further order of this Court.
4. A hearing regarding this Petition for Special Relief is hereby scheduled for the
00? day of i , 2005 at 10 t 00 o'clock K M in Courtroom
Number , Cumberland County Courthouse, Carlisle, Pennsylvania 17013,
at which time the parties along with their legal counsel shall appear in person.
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BY TH COURT,
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JACKIE L. DARRELL,
Plaintiff/ Petitioner
V.
JAMES K. STORTS,
Defendant/ Respondent
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
No. 06-713 CIVIL TERM
CUSTODY AGREEMENT AND ORDER
THIS AGREEMENT, made this 9th day of February, 2006, between Jackie L.
Darrell, hereinafter Mother, and James K. Storts, hereinafter Father, concerns the custody
of their child, Laurence M. Storts, born October 3, 2005.
Mother and Father desire to enter into an agreement as to the custody of the child.
Mother and Father agree to the following pending conciliation in this matter on February
28, 2006:
Mother and Father shall share legal custody of the child
2. Mother shall have primary physical custody of the child.
Father shall have periods of partial physical custody two days per week at times
agreeable to the parties.
4. Mother and Father agree to share transportation with the Father having
responsibility for picking up the child from the Mother's residence.
The parties agree to not use alcohol in the presence of the child.
6. The parties agree to not remove the child from the jurisdiction of this Court.
Parties intend to be bound by this Agreement and intend that this Agreement be
entered as an Order of Court.
James K. Storts
ORDER
Tackie L. Darrell
Keith O. Hickman
Certified Legal Intern
Thomas M. Place
Robert E. Rains
Lucy Johnston-Walsh
Anne MacDonald-Fox
SUPERVISING ATTORNEYS
Family Law Clinic
45 N. Pitt St.
Carlisle, PA 17013
And now, this 9th day of February, 2006, the foregoing Agreement is approved
and entered as an Order of Court.
Date: February 9, 2006 BY THE COURT,
Merle L. Ebert, J.
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JACKIE L. DARRELL,
Plaintiff/ Petitioner
V.
JAMES K. STORTS,
Defendant/ Respondent
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
No. 06-713 CIVIL TERM
CUSTODY AGREEMENT AND ORDER
THIS AGREEMENT, made this 27th day of February, 2006, between Jackie L.
Darrell, hereinafter Mother, and James K. Storts, hereinafter Father, concerns the custody
of their child, Laurence M. Storts, born October 3, 2005.
Mother and Father desire to enter into an agreement as to the custody of the child.
Mother and Father agree to the following:
I. Mother and Father shall share legal custody of the child.
2. Mother and Father shall have joint physical custody of the child.
3. Mother and Father will alternate custody, each party having the child for a period
of one week.
4. Mother and Father agree to share transportation with the Father having
responsibility for picking up the child from the Mother's residence.
5. The parties agree to not use alcohol in the presence of the child.
6. The parties agree to not smoke cigarettes in the presence of the child.
7. The parties agree to not remove the child from the jurisdiction of this Court
without the other party's consent.
8. Parties intend to be bound by this Agreement and intend that this Agreement be
entered as an Order of Court.
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'James K. Storts
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,Jackie L. Darrell
Keith O. ?tickman
Certified Legal Intern
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Thomas'1 i.. Place
Robert E" Rains
Lucy Johnston-Walsh
Anne MacDonald-Fox
SUPERVISING ATTORNEYS
Family Law Clinic
45 N. Pitt St.
Carlisle, PA 17013
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MS. JACKIE L. DARRELL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
IN DIVORCE
MR. JAMES K. STORTS,
Defendant NO. 06-713 CIVIL TERM
AFFIDAVIT OF SERVICE
I, Keith O. Hickman, hereby certify that I personally served a true and correct copy of the
Petition for Special Relief and the Special Relief Order, on James K. Storts, at: 1220 Pine Road,
Carlisle, Pennsylvania 17013 at 5:30 p.m. on February 3rd, 2006.
I verify that the statements made in this Affidavit of Service are true and correct to the best
of my personal knowledge and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities.
Date
0. Hickman
ied Legal Intern
JACKIE L. DARRELL,
Plaintiff/ Petitioner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
JAMES K. STOATS,
Defendant/ Respondent
CIVIL ACTION - LAW
IN CUSTODY
No. 06-713 CIVIL TERM
P ORDER
And now, this I day of M Eke t, n , 2006, the attached Agreement is
approved and entered as an Order of Court.
Date: 't\\" II 1u) Ia
BY THE COURT,
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Merle L. Eb rt, J.
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Change of Custody Agreement
No. 06-713 Civil Term
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410 C...j At 6r4 4.4^j6 Cc>tj.,o ry
AF,uNS yt v.4 ow r,41
I Jackie Darrell agree to let James Storts have full custody of minor child
Laurence M. Storts until I get back on my feet. I will take minor child
Laurence M. Storts on Friday night, Saturday, and bring minor child
Laurence M. Storts back to James Storts on Sundays. I will be involved in
all holidays and birthdays.
Jackie
Signature
(Mother)
James Storts (Fader)
Signature:
Witness:
Printed Name:
Signature:
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S i?INNS Y LrAl\lA T (?
1..S.s 1F...sm.Ua VCY L AL31 01° v
SS:
COUNTY OF CUMBERLAND A?L
Sworn and subscribed betore
me, a ftry, public, this
day qf-------------- 202
NOTARIAL Spa.
LISA ANN HIGHLANDS. NOTARY PUBLIC'
CARLISLE BOROUGH, CUMBERLAND COUNTY
MY COMMISSION EXPIRES AUG. 20, 2009
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OCT 1 2006
JACKIE L. DARRELL, : IN THE COURT OF COMMON PLEAS -?
Plaintiff/Petitioner : OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
CIVIL ACTION - LAW
JAMES K. STORTS : IN CUSTODY
Defendant/Respondent
: No. 06-713 CIVIL TERM
ORDER
And now, this 110' day of 0A66 r,-t' , 2006, the attached
Agreement is approved and entered as an Order of Court.
Date: N\oro tc A ZW6
BY THE COURT,
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JACKIE DARRELL,
V.
JAMES STORTS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
Respondent
2006 - 713 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow Jackie Darrell, Petitioner, to proceed in forma pauperis.
1, 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
Suz ne Sp ncer Abel, Esq.
Atto y ID #202443
22 East Street, #6
Mt Holly Springs, PA 17065
(717) 323-0046
spencer abet-esq@fastmail.fm
Counsel for Petitioner, Jackie Darrell
Page 1
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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:
(a) Name: 'JO'E q L -1)n('re,(Address:
163
Social Security #: _ ) ? 1 -//0
(b) Employment: If you are presently employed, state:
Employei
Address:
Page 2
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Salary or wages per month: ,?? ??rck
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:
Other self-employment:
I nterest:
Dividends:
Pension & Annuities:
Social Security benefits:
Support Payments:
Disability Payments:
Unemployment Comp & Supplemental Benefits:
Workers' Compensation:
Public Assistance:
Other:
Page 3
(d) Other contributions to household support:
Name: ?U
If spouse is employed, state:
Employer:
j
Salary or wages per month: yL?'t,? ZOIC
Type of work: t1A. %? --
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: r&?o 1GL "--) Year: lqq I
Cost: '50 Amount Owed:
Stocks & Bonds:
Other:
Page 4
(f) Debts and Obligations:
Mortgage:
Rent: I- e-l o o /m 0
Loans:
Other:
(g) Persons dependent upon you for support:
(Wife)(Husband) Name: PC41-11 W L11 5 kou GAI d
Children, if any:
Name: Lao?"',U Age J?-rn b .
Name: Age
Other persons:
Name:
Relationship:
4. 1 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.
5. The verification for this Praecipe is attached hereto and is incorporated herein
by reference.
Page 5
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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: ??? oxla? KA- 14 1A AAX
Jackie Darrell
I
JACKIE DARRELL,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
V.
JAMES STORTS,
Respondent
2006 - 659 CIVIL TERM
2006 - 713 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
EMERGENCY PETITION FOR SPECIAL RELIEF
PURUSANT TO Pa.R.C.P. 1915.13
AND NOW, this &XI day of December, 2006, comes Petitioner, Jackie
Darrell, by and through her attorney, Suzanne Spencer Abel, Esq., and who avers as
follows:
1. The Petitioner is Jackie Darrell, both Plaintiff and Defendant Mother (hereinafter
"Mother") in the above captioned matters. Mother resides in Hanover,
Pennsylvania. She is represented by legal counsel, Suzanne Spencer Abel, Esq.
2. The Respondent is James Storts, both Plaintiff and Defendant Father (hereinafter
"Father") in the above captioned matters. Father resides at 7 North 3rd Street,
Lebanon, Pennsylvania, and receives his mail at P.O. Box 481, Carlisle,
Pennsylvania. He is represented by legal counsel, Harold Irwin, III, Esq.
3. The instant parties are the natural parents one minor child: Laurence Storts
(hereinafter "Child"), age 14 months, who is identified in the underlying
Complaints for Custody at the docket numbers listed above. The child was born
out of wedlock.
4. The parties resided together until December 7, 2005. From December 7, 2005
until January 31, 2006, the parties had an informal custody arrangement such
that Father had visitation periods with Child every weekend, which Mother
facilitated.
5. On January 31, 2006, Father called Mother to advise her that he would not return
Child to her custody, as previously agreed, until ordered to do so by a Court, and
that he was relocating to Ohio with his family.
6. On or about February 3, 2006, Petitioner filed a Petition for Special Relief
alleging the facts enumerated above.
7. On or about February 27, 2006, the parties executed a Custody Agreement and
Order, which was entered as an Order of Court on March 3, 2006. The
Agreement provided for Mother to have primary physical custody with Father
enjoying partial custody two days per week as agreed upon by the parties. (See
attached Exhibit A). Mother again facilitated the weekly visitations, ensuring that
Father enjoyed regular, overnight visitations with Child. The schedule was
successfully maintained from the date of Agreement until October 7, 2006.
8. On or about October 7, 2006, when Mother arrived at Father's house to pick up
Child, Father refused to return custody of Child unless and until Mother signed a
pre-printed "Change of Custody Agreement" Father handed her. (See attached
Exhibit B). Mother did not agree with the document, and declined to sign. Father
explained that he needed the document for his insurance at work, and reassured
Mother he would not use it for custody. Mother still refused to sign. Father
reiterated his demand that Mother sign the document if she ever wanted to see
Page 2
Child again. Mother felt coerced and saw no alternative but to sign the
agreement. So she did.
9. Despite Father's reassurances to Mother, Father nevertheless submitted the
purported "Agreement" to the Court and, on October 10, 2006, the document was
entered as an Order of Court. (See attached Exhibit C). Mother learned she was
deceived and defrauded of her custodial rights when she received a copy of the
Order of Court in an unmarked envelope a few days later.
10. Father represented to the Court that the October 7, 2006 document was a
voluntary, mutual agreement of the parties. Father's representation was
knowingly false. Father's conduct was deceptive, coercive, and fraudulent.
Father's conduct renders the October 7, 2006, document voidable.
11. Since October 7, 2006, Father has cited the October 10, 2006 Order of Court, as
justification to cut off virtually all contact between Mother and Child. Since
October 7, 2006, Mother has been permitted to see Child only four times, with no
"visit" lasting longer than 24 hours. Additionally, Father has directed Mother to
drive to four different counties (Lebanon, Dauphin, Cumberland, and Franklin
Counties) to see Child.
12. On December 24, 2006, Father advised Mother she could not see Child on
Christmas Day because Child had the measles. Mother begged to see Child,
and Father agreed to let Mother see Child for two hours. When Mother picked up
Child in Chambersburg, Child's diaper was saturated and his clothes were
soaked in urine. Child appeared to have a fever and a runny nose, and to have
difficulty breathing, worsened by frequent bouts of mucous productive coughing.
Page 3
Child's medical condition appeared to be compromised, so Mother took Child
directly to the Emergency Room.
13. As a result of the Emergency Room visit, Mother learned that Child does not
have measles, but does have a fever and cold, and has lost 11 pounds since
October 7, 2006. The hospital released Child to Mother's custody around 7:30
pm. Cell phones must be turned off in the Emergency Room.
14. Mother missed Father's unilateral return time, so Father left several messages on
the cell phone threatening to call the police and have Mother arrested for
kidnapping if she did not return "my son" immediately. Mother and her fiance
took Child home pending an Order for the instant pleading.
15. Mother believes, and therefore avers, that Father is intentionally and maliciously
denying Mother contact with Child:
a. Mother's only way to contact Father is through Father's girlfriend's
brother's cell phone or Father's mother's phone. Using either phone
number, Mother must call the number, leave a message with brother or
mother who then must track down Father and relay the message, and
then wait until Father calls back. It takes several messages and several
days for Mother to receive a response. Father calls back on his, or his
mother's, cell phone. If Mother misses the call, however, Father does not
answer, even when Mother immediately redials the number Father called
from. Mother calls almost daily; Father responds about once a week.
Page 4
b. Father told Mother that "You aren't his mommy; you just gave birth to him."
Father then explained that his girlfriend, Paula, is Laurence's mommy; and
that Laurence is learning to call Paula "mommy."
C. In mid-November 2006, Father told Mother he had moved from Carlisle to
Lebanon, Pennsylvania two weeks earlier. Father refused to give Mother
his new address.
d. Despite repeated requests, Father has refused to provide any information
about the child's living arrangements, medical, physical, emotional, and
social development.
16. Mother believes, and therefore avers, that Father's course of conduct is harmful
to Child's physical health and development:
a. Mother believes, and therefore avers, that Father still smokes cigarettes
and still consumes alcohol, marijuana, coke, and crack cocaine in Child's
presence, directly risking Child's physical health;
b. Mother believes and therefore avers, that Father is still unable to control
his behavior because, during the year the parties lived together, Father
repeatedly physically and emotionally abused Mother by grabbing,
shoving, and slapping her, cutting off and/or limiting telephone
communications with Mother's family and friends, demanding permission
to go to bed or use the bathroom or eat; and insisting Mother consume
drugs with Father. Consequently, Mother believes, and therefore avers,
that Father is continuing physically and emotional abuse towards Child,
directly risking Child's physical and emotional health.
Page 5
17. Father has twice forcefully seized custody of Child, once in direct violation of an
existing custody order. Child is 14 months old. Respondent's persistent course
of conduct demonstrates an inability to participate in visitations without
substantial safeguards in place.
18. Mother had been the primary caretaker of Child, who is of tender years, until
Father's deceptive, coercive, and fraudulent seizure of custody in October 2006.
19. Mother is, and has always been, willing to accept physical custody of Child.
20. Mother believes, and therefore avers, that it is in the best interest of the minor
Child that Mother be granted temporary exclusive custody of the minor Child,
pending further Order of Court.
WHEREFORE, Petitioner, Jackie Darrell, respectfully requests this Honorable
Court to again restore the status quo by entering a Temporary Order vacating the Order
of Court entered October 10, 2006; reinstating the Order of Court entered February 9,
2006; returning primary custody of Child, Laurence Storts, to Mother; and awarding
temporary exclusive custody of Child to Mother, pending a Hearing or conciliation.
Respectfully submitted,
Spencer Abel Law Office
,? M a V %011 lyj -- -
Suz ne Sp ncer 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 6
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: NAP
Jackie Darrell
EXHIBIT A
Custody Agreement and Order dated 2/29106, and
entered as an Order of Court on 3/3106
1:
JACKIE L. DARRELL,
Plaintiff/ Petitioner
V.
JAMES K. STORTS,
Defendant/ Respondent
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
IN CUSTODY
No. 06-713 CIVIL TERM
CUSTODY AGREEMENT AND ORDER
THIS AGREEMENT, made this 27th day of February, 2006, between Jackie L.
Darrell, hereinafter Mother, and James K. Storts, hereinafter Father, concerns the custody
of their child, Laurence M. Storts, born October 3, 2005.
Mother and Father desire to enter into an agreement as to the custody of the child.
Mother and Father agree to the following:
1. Mother and Father shall share legal custody of the child.
2. Mother and Father shall have joint physical custody of the child.
3. Mother and Father will alternate custody, each party having the child for a period
of one week.
4. Mother and Father agree to share transportation with the Father having
responsibility for picking up the child from the Mother's residence.
5. The parties agree to not use alcohol in the presence of the child.
6. The parties agree to not smoke cigarettes in the presence of the child.
7. The parties agree to not remove the child from the jurisdiction of this Court
without the other party's consent.
8. Parties intend to be bound by this Agreement and intend that this Agreement be
entered as an Order of Court.
'James K. Storts
1
i
;Jackie L. Darrell x
i
Keith o. 'ckman
Certified Legal Intern
Thomas,,.,. Place
Robert E. Rains
Lucy Johnston-Walsh
Anne MacDonald-Fox
SUPERVISING ATTORNEYS
Family Law Clinic
45 N. Pitt St.
Carlisle, PA 17013
r
Y ?
JACKIE L. DARRELL,
Plaintiff/ Petitioner
V.
JAMES K. STORTS,
Defendant/ Respondent
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
IN CUSTODY
No. 06-713 CIVIL TERM
ORDER
And now, this 3 day of r , 2006, the attached Agreement is
approved and entered as an Order of Court.
Dater
BY THE COURT,
Merle L. E , rt, J.
/- v
,mss
EXHIBIT B
Purported "Change of Custody Agreement"
A PA&ACLc.
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A E.9 ?. S7i?1-T.S
Change of Custody Agreement
No. 06-713 Civil Term
e-OWAT CIO cap*
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Or C..j oe e^ 4.4,10
/'F'V'0 sYLa v.v 14
I Jackie Darrell agree to let James Storts have full custody of minor child
Laurence M. Storts until I get back on my feet. I will take minor child
Laurence M. Storts on Friday night, Saturday, and bring minor child
Laurence M. Storts back to James Storts on Sundays. I will be involved in
all holidays and birthdays.
Jackie Darrell, (Mother)
Si
James Storts (der)
Signature:
Witness:
Printed Name: B-e-?Jfy)
Signature:
oiLbx•) VV,LAafl OF FWXNS.xLVAIVMA u
COUNTY OF CUMBERLAND
Swom and subxrt ed betors
me, a n ry V ?c, this -7
day ?
LISA ANN M RAM NMARY PUSS
CARLISLE BOROUGH, CUMBERLAND COUNW
MY COMMISSION EXPIRES AUG. 20, 2009
EXHIBIT C
Order of Court entered 10/10106
i:
0 C T I 1 Z006
JACKIE L. DARRELL,
Plaintiff/Petitioner
.01 ?
: IN THE COURT OF COM11ON FLEAS _.__
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
V.
JAMES K. STORTS
Defendant/Respondent
CIVIL ACTION - LAW
IN CUSTODY
: No. 06-713 CIVIL TERM
ORDER
And now, this 1$+?` day of QC?O`D Lt' , 2006, the attached
Agreement is approved and entered as an Order of Court.
Date: 0061%_ y
T
?b
BY THE COURT,
JACKIE DARRELL,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
V.
JAMES STORTS,
Respondent
2006 - 659 CIVIL TERM
2006 - 713 CIVIL TERM
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 First Class Mail, to the following:
Irwin Law Office
Harold Irwin, III, Esq., Respondent's Counsel of Record
64 South Pitt Street
Carlisle, PA 17013
I certify that, concurrent with filing the foregoing Emergency Petition for Special
Relief, I am this day serving a copy of same by Certified First Class Mail, to the
following:
James Storts
7 North 3rd Street
Lebanon, PA 17046-4802
Date:
James Storts
P.O. Box 481
Carlisle, PA 17013
lkw I Y144t&W
Su nne S ncer Abel
22 ast Street, #6
Mt. Holly Springs, PA 17065
(717) 323-0046
spencer abel_esq@fastmail.fm
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACKIE DARRELL,
Petitioner -
2006 - 713 CIVIL TERM
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: ?- /d&/ 6510nu P a=WAJAZ
Suz ne Spencer Abel, Esq.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACKIE DARRELL,
Petitioner
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
11 1?4AA
'I I
Su ne Sp ncer 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 1
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ti
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:
(a) Name: QC.ka f_
Address:
"3
Social Security #: 1D -S 0
(b) Employment: If you are presently employed, state:
Employei
Address:
V-0y'4 01 l ?'M
Page 2
P '
Salary or wages per month:
Type of work: t1,C`f9L
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:
Other self-employment:
Interest:
Dividends:
Pension & Annuities:
Social Security benefits:
Support Payments:
Disability Payments:
Unemployment Comp & Supplemental Benefits:
Workers' Compensation:
Public Assistance:
Other:
Page 3
(d) Other contributions to household support:
r
`CG
(We)EHusband) Name:
If spouse is employed, state:
Employer:
Salary or wages per month: ?g Oy/?1h go An Ic?l<
Type of work:
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: ro(6 Tani n - Year:
Cost: '$50 o Amount Owed: -A-
Stocks & Bonds:
Other:
Page 4
(f) Debts and Obligations:
Mortgage:
Rent: $ X10 O /01d
Loans: $13001010
Other:
(g) Persons dependent upon you for support:
(Wife)(Husband) Name: R-H-HCAL4 ('5 nUG'v?a,&4
1 1.1
Children, if any:
Name: hl,U.lu w u Age rY1 l5
Name: Age
Other persons:
Name:
Relationship:
4. 1 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.
5. The verification for this Praecipe is attached hereto and is incorporated herein
by reference.
Page 5
4 ,
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 L. DARRELL IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JAMES K. STORTS
DEFENDANT
06-713 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, December 26, 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 Friday, December 29, 2006 at 9:30 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 Custodv 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
•? ? ?' ? 90.1 P.?/
0 :7, !!-j C' 1-0 9001
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 I h I day of 7L.0, %I &C I , 2007, upon
consideration of the attached Custody Conciliation Report, it 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.
l?
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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.
BY THE COURT,
M. L. Ebert, Jr., J.
cc zanne Spencer Abel, Esquire, Counsel for Mother
-des K. Storts, pro se
7 North 3rd Street J r f
Lebanon, PA 17046 1? n Vv
??6'
o?
f
JACKIE DARRELL,
V.
JAMES STORTS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner 2006 - 659 CIVIL TERM
2006 - 713 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
Respondent
PETITION FOR MODIFICATION OF A CUSTODY ORDER
AND NOW, this aqtl
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
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.
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 4`h 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.
1.
BY THE COURT,
A31A 4 - (P-Alj*.h ? _a .
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
an ` my hand
' Pa.
V
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.
2 r\
Date:
Jackie Darrell
4
)!
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
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
r
Date: C?
uz 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
11111ISh a ae I n 0
Suz a Spen er Abel, Esq.
I D #2 443
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
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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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:
(a) Name: S"C\Q-
Address:
?,??? ?? 113 1
Social Security #: O?" t.ll L'-S Q s
(b) Employment: If you are presently employed, state:
Employer:
Address:
Page 1
1
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:
Unemployment Comp & Supplemental Benefits:
Workers' Compensation:
Public Assistance:
Other:
Other self-employment:
Interest:
Dividends:
Pension & Annuities:
Social Security benefits:
Support Payments:
Disability Payments: -
Page 2
I
(d) Other contributions to household support:
(Wife)(Husband) Name: aJeyln l
If spouse is employed, state:
Employer:
Salary or wages per month: C1•, ?C p(
Type of work:
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: P?>i A Year: (? 1
Cost: ()0 .-D-rj Amount Owed: _%()
Stocks & Bonds:
Other:
Page 3
I
(f) Debts and Obligations:
Mortgage:
Rent: I U.
Loans:
Other:
(g) Persons dependent upon you for support:
(Wife)(Husband) Name:
Children, if any:
Name: La%xey-,c-P b??S Age (Y)o 4)S
Name:
Other persons:
Age
Name: U.`-1bcw C \A10 ' .Q- s ?U)l
Relationship:
4. 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.
5. The verification for this Praecipe is attached hereto and is incorporated herein
by reference.
Page 4
I
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
7o
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JACKIE DARRELL IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 06-659 & CIVIL ACTION LAW d?t?ti ?r?S y.ti OG-CO
06-713
JAMES SHORTS
IN CUSTODY
DEFENDANT
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
i f 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/acqueline M. Verney, Esq. 11 In
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
LI :C Hld ZI ,J-VLOOZ
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JACKIE DARRELL, IN THE COURT OF COMMON PLEAS OF
PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA
V. 06-0659 CIVIL o ?? ?? L(s ??' _ F?5
06-0713 CIVIL--
JAMES STORTS,
RESPONDENT CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this 9th 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,
N\ --? ?_l
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 I
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
Aj I" Lit VA J%f
u a ne Spe cer Abe , Esq.
ID 2443
22 East Street, #6
Mt Holly Springs, PA 17065
(717) 323-0046
spencer abel_esq@fastmaii.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 nl_ _ 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
u e Spen r 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 ??LLALR I , 2007, upon
consideration of the attached Custody Conciliation Report t 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,
PQ ? -
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
GRD
my hand
Pa.
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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 Custodv orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
Bv: /s/ ac ueUne M. Verne Es q.
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 FROM RECORD
Telephone '(717) 249-316A Testimony v h^r ,)l', I h? re unto set my hand
and the seal of sa" 'I .)tt0C'a__rllisle, Pa.
This ...../..... day ofl.l",'0.......; t(? .?..
L.... .......... .. .W1...I:T.G.. (L.?r(sa+••.w. Fc/?? •
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.
1 .,
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
/'.1"L
Date:
11R11QjAuk/M/
Suz ne Sp cer 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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ri`3 13
MAY 0 4 2007 ? i
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
th
AND NOW, this 1 day of 2007, upon
consideration of the attached Custody Conciliation Report, 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 fiancde 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. L. Ebert, Jr., J.
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6S :C PJ L-- lklM LOOZ
cc: Suzanne Spencer Abel, Esquire, Counsel for Mother
James K. Storts, pro se
827 Crowell Street
Lebanon, PA 17046
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
PRIOR JUDGE: M.L. Ebert, Jr., J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Laurence Storts October 3, 2005 shared
2. A Conciliation Conference was held in this matter on May 3, 2007, with
the following in attendance: The Mother, Jackie L. Darrell, with her counsel, Suzanne
Spencer Abel, Esquire, and the Father, James K. Storts, pro se.
3. An Order of Court were entered by the Honorable M. L. Ebert, Jr. January
2, 2007 providing for shared legal and shared physical custody on a week on/week off
basis.
4. Mother filed a Petition for Special Relief and Petition for Modification.
5. The parties agreed to an Order in the form as attached.
Date i4acaqZine M. Verney, Esquire
Custody Conciliator
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACKIE DARRELL,
V.
JAMES STORTS,
Plaintiff 2006 - 659 CIVIL TERM
2006 - 713 CIVIL TERM
Defendant
CIVIL ACTION - LAW
CUSTODY
STIPULATION FOR CUSTODY
AND NOW, this 4t, 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 alia,
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.
_ . ,
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 filed; 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.
2ZI b? ? ?
itn ss Date Jackie rrell, Mother
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 4ba? , 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,
S
(IQ A. 4 . C -Ilfm? - I .
M. Eb rt, Jr., J.
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MAR 0 4 2008't? Y
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
ORDER OF COURT
r ?h
AND NOW, this b day of Mat , 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?es Storts, prose
Suzanne Spencer Abel, Esq.
Counsel for Plaintiff
v"Jackie Darrell, Plaintiff
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