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HomeMy WebLinkAbout01-07050 c, FLOYD EUGENE BARRICK PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN1A . V. 01-7050 CIVIL ACTION LAW BILLY JOE ZIMMERMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, Jauuary 08, 2002 , upon consideration ofthe 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 Wednesday, January 30, 2002 at 1:30PM 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 TIlE COURT, By: Isl Jacqueline M. Vermry. Esq. (j^^- Custody Conciliator v 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 TIllS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 P~":~'"'\$ ,,,', ,- ,~,.~ ~, ill 7T ~.~ ~ ~ ~ -y-q;,~ .*/~~~~4;'n I VIN~inA8NN:Jci l\lnl"('>' n' l!-J... 1\ I,. ",U ,'r~/linSIi~no . ' L,( '.r ,1..,1,-1. ~ -.., '-' tf- NQ1f' 20 ,~ 1_"': '-- --~ ~.....' ~ 52i '-' = '~"~w"",_WO"",-~,".. o-~ ~"' ^ '''"'''~''rffi[T"'1Yji:''''r:'1X~.rrrm~r1ir'~1~:~w1~:;f;~~~ ('(,7 !3 - I erl.'p ! ~~~\g'~;W'!,,~~'!;l'i!I~~~:\ijj!"'I-W~!ffl!\)~~~~~~1R1':!'\"i'!:+'*":'?"'k>,"mi.~~''i-'!'Ii''""'\$i1;gW'~",'(E]'if"!('j'l'll''!)'''i;~~'''"'!!['''-'''-"y'''t,''1!'P~'_'"'~;'1';i!W"'"--;''';;>R~~' "01' ,~ '~-" - , ...,.... .. v DEe 1 8 2001 ~~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Floyd Eugene Barrick, Plaintiff Civil Action - Law v. OJ -7050 Billy Joe Zimmerman, Respondent No. of 2001 ORDER OF COURT You, Billy Joe Zimmerman, Defendant, have been sued in court to obtain visitation and shared legal custody of Alicia Mae Zimmerman. You are ordered to appear in person at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on , at , for a conference. You are further ordered to bring Alicia Mae Zimmerman. If you fail to appear as provided by this order or to bring the child, an order for visitation and shared legal custody may be entered against you or the court may issue a warrant for your arrest. 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. ;'<i\VM'fN'" ,,, #;,~,~, "-~'" 'I' ,"", ,-- ,-~ ,- , ,""~;r! " - ,,~ ~-~l ,"~ "It!!. T" [ r,~" u". ~" , 4 '-;''''-'''Ij';"lI!W".. -, ,"~"o "';1'<,-1-'; Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 BY THE COURT: , ~- " < , ',~ J. ~- , . ~~ I~' ., ,_fIIll! ':'~' T nmm 'U--~[ -"[ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Floyd Eugene Barrick, Plaintiff Civil Action - Law v. Billy Joe Zimmerman, Respondent ()J-7Q56 No. of 2001 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action wi thin twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed wi thout you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or releif requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. :,-,,*'-"l<~~,TIl e', I , "'-~,. ~ '~1~ ~'i'o'f0!('<-'~"r-T'iifr' 0" -'f"'" ,-, ~, T"-"""f-"~ ,,_::-. ,_." ,_~,.. ~ _7', _, _," Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ,.,., ,~ , . ",,-p .,-, ~,.,~O_,_ ___" H.= ~ ~,~ __ ~! ' "..,. -"~f'''--~' if I" i-I = - ~--. , '... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Floyd Eugene Barrick, Plaintiff Civil Action - Law v. Billy Joe Zimmerman, Respondent O/-7()OO No. of 2001 COMPLAINT FOR VISITATION AND SHARED LEGAL CUSTODY 1. Plaintiff is Floyd E. Barrick residing at S.C.!. Dallas, 1000 Follies Road, Dallas, PA 18612-0286. 2. Defendant is Billy Joe Zimmerman residing at 852 East Louther Street, Carlisle, PA 17013. 3. Plaintiff seeks visitation and shared legal custody of the following child: Alicia Mae Zimmerman residing at 852 East Louther Street, Carlisle, PA 17013. The child is the plaintiff's daughter and will be two ( 2 ) years old on December 29, 2001, having been born on December 29, 1999. 4. The child was born out of wedlock. 5. The child is presently in the custody of Billy Joe Zimmerman, who resides at 852 East Louther Street, Carlisle, PA 17013. 6. During the past two (2) years, the child has resided wi th the following persons and at the following addresses: * Mr. Zimmerman (Respondent's father) and Billy Joe Zimmerman (Respondent and child's mother) at 852 East ~ '" Tf'e!{$T". " , _~,_. " , " ,,~-- ,,~ . ."0 1 " , .'" ,-' ~~ - I' ~ "':" , ~,"'g,";,,~ " " . . Louther Street, Carlisle, PA 17013, along with the respondent's other two (2) children. 7. The mother of the child is Billy Joe Zimmerman, currently residing at 852 East Louther Street, Carlisle, PA 17013. 8. She is single. 9. The father of the child is S.C.1. Dallas, Floyd E. Barrick, 1000 Follies Road, currently residing at Dallas, PA 18612-0286. 10. He is single. 11. The relationship of plaintiff to the child is that of father. Plaintiff is incarcerated. 12. The relationship of the respondent to the child is that of mother. The respondent currently resides with the following persons: Mr. Zimmerman (her father), her two other children, and Alicia Mae Zimmerman. 13. Plaintiff has not participated as wi tness, or in another capacity, in other concerning the custody of the child in this court. 14. Plaintiff has no information of a proceeding concerning the child pending in a court Commonwealth. a party or 1i tigation or another custody of this 15. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. - "''f_'' . "["" ~', ' " ",'",' '1- ~~- ", " " 1', ~, ,'" ' , I " .' '.. '''',;1;>;;11''1., __~~ , ~ 16. The interest and permanent welfare of the best child will be served by granting the relief requested because: a. Plaintiff will be released in late 2002 and will, upon re-establishing himself, be entitled to partial custody of the child. It would be to the benefit of both the child and the plaintiff the maintanence of the to ensure father/daughter relationship during this time so as to make the transition to partial custody and regular visitation easier for both parties. Moreover, children need both of their parents. 17. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons have or claim a right to custody or visitation with the child. WHEREFORE, Plaintiff the requests to grant court Plaintiff visitation and shared legal custody of the child. Respectfully submitted, Date: 12.../1/ /0 I , ~CZ~ Floyd E. Barrick pro se complaintant VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.~4904 relating to unsworn falsification to authorities. r. '"' ,... '1' ", ] ~ ~ " > ~ - ,'I ,!!IISl , ,J ~ t '" -"""""-'""' ,,,"j~r~,, _~l!I':,l~)~~I _UJ,l.l i!\~~ml1i,~J[ "'~ ~,l.kl ~r;l' .,~"~ I~:~;"-:--:' '- ~.-;' (i) ~::~ i~ ",'--. i~~ :~,:~ -"'!;', -<.' ~,. .~; ~-~-, ~.- n C'~ '..., >~ "'~," ,'-' II l.r'unr1!r"" '. f .. C~} '1 ("") "',' ~~~i/5!)(~~-~f-S~l!'*'f_'i-',,,-,'IjP""Hi''''''jj4:!'1'''_~'.'-0I,'lt'~P'B'6'~~R:~Wi'~"W,,~:~j'fu"i~'n,;rI\!:[f",J;!'Ii'""-t,>'l~~~~~': '1:=1""\ %l 2nD" v 1-""1=",",' ~;:.. \",,) \.[),Itr _ l / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Floyd Eugene Barrick, Plaintiff Civil Action - Law : v. OJ-7tf50 Billy Joe Zimmerman, Respondent No. of 2001 o R D E R AND NOW this --t"l day of ~~ , I 200~, it is hereby ORDERED and DECREED that Petitioner be granted leave to proceed in forma pauperis as to the followiing: 1. filing fees, 2. service of process on Respondent.~n& ~ "ny ell-ael' eeSiHJ i;hat mal ar.i.6e Qb a res1ili; v~ .J:.'LUbt::,"-=ut.il1Y Lhis '-a:et-i&n-.._ ( J. ';:r'-"';i,'il!0"1,. ,~..", ,'" ~'-"I~' '. -,-. ,-" . ":1 " ? ., ~ - iii I~ ~ ,"., ~''''''''~ "'.'_~" ,Ji!L~,,,~,_, ~ ,~;, I . / / ~ ~,tt: Jlj::m,l~~ ,. \lINVAlA8NN3d 'I "no'" (J~ ilflfP('lIMn" IUI~ ,. d ,,'i'\ !.".~h::Jn v SO ;OII~V LZ ::na fO ^tfltlOi\fCi--:,,;',~.~_:;..~.-: ~]:J!:UO-'C~;")-:.I ~ ,...~- "~~~~h , ' '''''''-~,iZ; """",- ;. , I ~I'I"'~ 'li(I"'jl1"S~,~\it-"?t:tw ./ .~ ....n._,._, ] '..,. u. f J ,'___, , " ;<-I'<~~~J:,~~!'!rr"!~,,,,,,_.,,i(i",'i"P'P';\\i:~~~1~~~~;, "" ,Wf6l~~!Ii~~p.i1~~,>,~ . I } ',!:!'~~.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Floyd Eugene Barrick, Plaintiff : Civil Action - Law v. Billy Joe Zimmerman, Respondent No. of 2001 PETITION BY INDIGENT PARTY FOR LEAVE TO PROCEED IN FORMA PAUPERIS TO THE HONORABLE, THE JUDGES OF SAID COURT: COMES NOW, the plaintiff, Floyd E. Barrick, pro se, and respectfully avers the following: 1. The address of the plaintiff is S.C.!. Dallas, 1000 Follies Road, Dallas, PA 18612-0286. 2. The address of the Respondent is 852 East Louther Street, Carlisle, PA 17013. 3. The Plaintiff is an indigent person who is incarcerated. 4. Plaintiff's only source of income is his prison job which pays him about $35.00 per month. Co.-uSe..- 5. Plaintiff has a val id g'''lree of action against the respondent for visitation and shared legal custody of their daughter. 6. Plaintiff has no funds with which to exercise his legal rights in this matter as evidenced by Exhibit "A," a more detailed statement of plaintiff' s financial condition. " - ,~ "'", ,." , ' ~ , , 'l','" , < 01,' , >, ~ "." ~ I' ~""'"~ . 7. The financial condition of the respondent to the extent known to the plaintiff is set forth in Exhibit "A." 8. As an indigent party, plaintiff is unable to pay any of the necessary costs to prosecute his cause of action in visitation and shared legal custody and, unless authorized to proceed in forma pauperis, will be unable to prosecute said cause of action. 9. If denied the right to prosecute his cause of action for visitation and shared legal custody, plaintiff will suffer much hardship and injustice. WHEREFORE, plaintiff prays your Honorable Court to enter an Order granting plaintiff leave to file Complaint for Visitation and Shared Legal Custody as an indigent party and proceed to granting thereof wi thout the necessity of paying any costs therefor. Respectfully submitted, ~~.~ Floyd E. Barrick pro se petitioner ^If"doj,,",,:,,,, """"", '",_cc 4_",,<_ ~"'"o_,~<",>>, _'<,_ .!f' " . ~ " ,,,",,"",: 'n , '"' I ~ "'r"~~ " ' '''''N'"'l'C':,~" "" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Floyd Eugene Barrick, Plaintiff Civil Action - Law v. Billy Joe Zimmerman, Respondent of 2001 No. AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: Floyd Eugene Barrick Address: S.C.!. Dallas, 1000 Follies Road, Dallas, PA 18612-0286. Social Security number: 171-60-7526 (b) Employment: I am employed by the prison kitchen and make about $35.00 per month. (c) Other income within the past twelve months: None (d) Other contributions to household support: None Note: I do not have any idea how much the respondent makes or even if she is employed. ". , r" ~":-,, ~=,"~ 1 ;' ,,'~' ' ...... I , " ~:':' j , y' (e) Property owned: None (f) Debts and obligations: I am still paying off my court costs which were $800.00. As a result of Act 84 they are taking twenty percent of my pay every month (about $7.00). (g) Persons dependent upon you for support. 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. @4904, relating to unsworn falsification to authorities. Date:~OI ~L",fe~ ~~ q""i.ijl<:~'4_",~_,., ,.~7, "'.~ ',~'-i'--",", f1~ " ','~ "", ' ;' I ....' ~"" .= r ,~ li!i { .~ ,,," '~'~r " .-'-""~ . -"Co ....j~lTllTm.. iic.n~~ltf"i'V' r-'n -7 ,,:...- --:7 r'n ;~< r:; -- ~).>'-" S~~~ ="1 -<, (',,:.: , ., .-1 J;:::"' ::-j,-=. ,~ ,~ ,~') ':...') ~;:-~ '1;;' 7.'_~<_' ,_",",Ul!!~u.l ,:TI?~L'l.___~_~~."..,.,.I'~],Il!~~~~~'fW)itli~~"':;;,rj"''':-;;'''"<'i:;'!(l1";;;;",,,,,,-_,,,,,,,,,'I"~"N~~",,*>:;;-~l"_'ji;H'fu~{*""""'~~l'Wi<{'F'ff:."'f_"l!'~11~!';'iIW'I1fl'ij,'l'tfli~i!t~",. SHERIFF'S RETURN - REGULAR CASE NO: 2001-07050 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARRICK FLOYD EUGENE VS ZIMMERMAN BILLY JOE DOUGLAS DONS EN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - CUSTODY was served upon ZIMMERMAN BILLY JOE the DEFENDANT , at 1550:00 HOURS, on the 2nd day of January , 2002 at 852 EAST LOUTHER STREET CARLISLE, PA 17013 by handing to WILLIAM ZIMMERMAN, FATHER a true and attested copy of COMPLAINT - CUSTODY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.25 .00 10.00 .00 31.25 r"~~ R. Thomas Kline 01/03/2002 FLOYD BARRICK Sworn and Subscribed to before By: QLCL eputy Sheriff me this r~ day of r;~. "~'J J--iJv;2.. A. D. C+r.u 0. )wAd,. / ~ Prothonotaty ""'--?<"fJ:',,~ '^~ ,,~,,~,~, ~" , ~ -~ , -, '1 I ,~, " .~ , - ..... ,." """"', . ,~ ~-~.~ ''''' ~, r'" ,,IAN 1 4 2002).t S.C.!. Dallas 1000 Follies Road Dallas, PA 18612-0286 January 10, 2002 y\\-V <'\) \J \- "I\) ) Curtis R. Long Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Barrick v. Zimmerman No.01-7050 of 2001 Dear Mr. Long: I received an order stating that there will be a pre-Hearing Custody Conference before Jacqueline M. Verney, Esq., on Wednesday, January 30, 2002. I have a slight problem. I am incarcerated at S.C.I. Dallas, 1000 Follies Road, Dallas, PA 18612-0286. I will need to arrange to participate in this conference via telephone or computer. Who should I contact in order to arrange this? Please use my full name and institutional number when responding. Thank you very much for your time and consideration. Very truly yours, ~~~ Floyd E. Barrick EG-1290 cc: File ,.~,.^~"'''',., ~'''"'--''''''"-c'',' ,-~'-. I"" ~. 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':.:-"',;; L_.i..__~u._,~)\lU .b...>I ~1l;<;!I* ~i\ IDI."<1O: ,,~ ,..:illi[~ft~iJ~1~';w;'#~if:ff3\{!?;'_';i~{t+~~,~iS'f~rt~.;ff't;'i3f.g*: ~ ,.- " ! ~ "'~~"v~"c . fEEl () 1 2002 p- FLOYD EUGENE BARRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSVLVANIA V. : NO. 2001-7050 CIVIL TERM BILLY JOE ZIMMERMAN, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this i~y of consideration of the attached Custody Conciliation Report, I IS or follows: 2002, upon red and directed as I. The Mother, BiI\y Joe Zimmerman, shall have sole legal custody of Alicia Mae Zimmerman, born December 29, 1999. 2. Mother shall have sole physical custody of the child. 3. Mother shall provide Father with current photographs of the child and monthly updates on the child's development. J. c~)eYd E. Barrick, pro se ..AJavid Lopez, Esquire, Counsel for Mother / tapie5 0,2.- S -():{ ~\ld RXS "",""'~!~~i1~~~,..,~..,.,.., _ "'0' _""c_ "j-" r~ - ,_i 'I' ~ " - ~r;;ili1b~,ij':jI};.WJ;;-~\n:/~l~f~','~\~li$'r",S~,'-r"''':'l!-''fl~'-~;;F": ;'~'~':~ y\*"g~t'0~?!J;;?'-~~tfi#T_:":t'mrr'Y'~" "'""'1t1f :i: "'rr:lmlf ]"j ~<,~, 0,1 "rvk,'--'Y~' ,,' -;'-',~" '_' ,,'","""....._ ~ ',-,"- w . . " ~l\cqi\\':Jd \I\~\dl\ ,/\\J\'-' '.::.,"~:[I.\r,\(,\ I, I'" ,"<.,/,1,.1".1.,- 1.1 \"-./ ~ \},'\,r'I'. ("\ ,...h"; "', ,,' ' (0..).'\1 "-,,,,,' ~,~ .n! V\'I U', .\Jt ,', r ," ! 1 ~'i f\ C - d::i..1 c' ,~; \:" '\ ,"\ " I ,\\l.r'~e" .',..' ,\ " ::",\".\ _,d.... ',1 ,-" "y-C[ - ""' lW ~OO,L~Jl~~~!_~ilWWi~"j:'\";'~"FN';,,~,--,!),'f";:;:,~"'3"'~'f"X""..,.,~l>;'''80''''''iiWl'li!Wi1~F;j',;~''Wli'''l~:i<'lfir\l!li~i0~J!.!j!\!tiVf.!:!~F'~,,;J~ "J'~ 'lIIi1?;IC;; , . .. . FLOYD EUGENE BARRICK, Plaintiff : IN tilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2001-7050 CIVIL TERM BILLY JO ZIMMERMAN, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 191503-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information conceming the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alicia Mae Zimmerman December 29,1999 Mother 2. A Conciliation Conference was held in this matter on January 30, 2002, with the following individuals in attendance: The Father, Floyd E. Barrick, was present by telephone from S.C.!. Dallas, pro se and the Mother, Billy Joe Zimmerman, was present with her counsel, David Lopez, Esquire, Mid Penn Legal Services. 3. Father was requesting visits with his two year old daughter in prison. His location requires a three and one half hour (3 1/2) drive each way. Mother was opposed to the visits based on the age ofthe child and the distance. In addition Mother opposed contact with Father due to his conviction for statutory sexual assault on a fourteen year old female. 4. Father agreed to the entry of an Order as attached. Mother did not agree to the entry of the Order as attached, however she indicated that she would not seek a hearing on the issue at this time and would comply with the Order as attached. ~9h.d , ac elineM. Verney,ESq~ Custody Conciliator }. - I -0:J- Date "~"'nT,,1W; , ~ ,,~, I f'!" ~-~ -, . - ,,~ ~, , '--,.-' , T , FLOYD EUGENE BARRICK, PLAINTIFF V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA BILLY JOE ZIMMERMAN, DEFENDANT : 01-7050 CIVIL TERM ORDER OF COURT AND NOW, this -2:1 day of May, 2003, the petition of Floyd Eugene Barrick to proceed in forma pauperis, IS GRANTED. ~d Eugene Barrick, Pro se P.O. Box 193 Newville, PA 17241 :sal . L~O~ . 1'\ R){5 ".;1'1-03 ~'"-n,\,m T!<t ,,_, ~, _ " ,~,~,_,_ " "HI" ,~ ,c --.= <0' r ," ',~~ III ..,~--~. ~~- ',"',d' 'go; 'li-'~";;-' ~'~"~- '~'"-< '. - ... ~ VlMiA1ASNN3d tIlNnoO 0IIt'lI:B8VVn;J SS:Z Wd LZ AV1H;O AtJlIl0NUh.J.CLlj ,3Hl :10 :0"':1 '~....n"'"_i J...IL.:1'\.., \...-~It" ;'~'f;*~:;)0-':;'.;-:~;s~'~'1ii*\S - -- ", --':' - "" ":"'''.';''''~.fft"r'll,~_~uij'-' ,'~ "<;,:.';-~:"[--,,i'-~ r I"~ ~ '.., \ ... FLOYD EUGENE BARRICK PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-7050 CML ACTION LAW BILLY JOE ZIMMERMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, May 30, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Veruey, Esq. , the conciliator, at 4th Floor, Cumberland County Conrthouse, Carlisle on Tuesday, June 24, 2003 at 3:30 PM 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 Abnse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. VernlO" Esq. Custody Conciliator u The Court of Common Pleas ofCumberIand 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 1HIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB 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 i''-W4;;-,~'-l~I!\~[ . ",,,,~,,,_, ~ '., ~",", ~, p.,~ -, "" ;'~ri'-'~ >, " ~ ~"-" "" - -'" ..'." - ^" ~"~'--~-',= -~ . ,~, '^' "^ --rf ~(l ~~.~~ ~X~r;.~~k /frI1- /~ ~!' p?;' \I!N\-ff\l^~N!~~~, , ,., I "lnC'(J (J~,'v'll-'::Ji:!v'ln;j !\..W', .' 011'" (' -1-'1111' SO 9~ : j ;,~lJ '..' , ... JO , il" (';-.1-".-. i,...;:,_,);:~ )\~i'11,), L,.,' '-~ r~:-,-,I J w, "1,......\".!-\; i'-\ j-J -['I ;}\.-!,J.,...- . f: o. E: &'} [0. [.0/ fOI'''! , , &,; t '<ot """ ,--~ ~~) , ;.r- '... FLOYD EUGENE BARRICK, PLAINTIFF V. BILLY JOE ZIMMERMAN, DEFENDANT MAY 27 Z003 f.J~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-7050 CIVIL TERM ORDER OF COURT AND NOW, this -z.. '1 day of May, 2003, the petition of Floyd Eugene Barrick to proceed in forma pauperis, IS GRANTED. Floyd Eugene Barrick, Pro se P.O. Box 193 Newville, PA 17241 :sal . f':::':'~-'- ~ ff::-"T~ ~ pp ~\erQe FlfJJM"" -tb Scl.~Vulc.... Ec.cnc\\ ~o....~ c."'-- IF-- ,- "" ","",,--- E::--~ f ~~--_.._.- . . ----~....'-' '~.,-;-'i 150"f',.,\r...,-( ~, -- - '-'-... , '\e.:LcY-- +0. ..0, {Y\ \''- L...- _.-. <C_ ..~_. ~ , ~ ::r ~ ~-?~ . I 'r In the Court of Common Pleas of Cumberland County, Pennsylvania Floyd Eugene Barrick, Plaintiff Civil Action - Law VS. Billy Joe Zimmerman, Respondent No. 7050 of 2001 Petition for leave to proceed in forma Pauperis To the honorable Judges of said Court: And how comes, the plaintiff, Floyd E, Barrick, Pro Se, and respectfully avers the following: 1.) The address ofthe Plaintiff is P.O. Box 193, Newville, PA. 17241, 2.) The address of the Respondent is 852 East Louther Street, Carlisle, PA. 17013. 3.) The Plaintiff's only source of income is his McDonald's job, which pays about $700.00 per month. 4.) The plaintiff is and indigent person who was incarcerated. 5.) Plaintiff has a valid cause of action against the Respondent for visitation and shared legal custody their daughter. 6.) Plaintiff has no funds with which to exercise his legal rights in this matter as evidenced in Exhibit "A", a more detailed statement of Plaintiff's financial situation. 7,) The financial condition of the respondent to the extent known to the Plaintiff is set forth in Exhibit "A", 8.) As an indigent party, the Plaintiff is unable to pay any of the necessary costs to prosecute his cause of action in visitation and shared legal custody and, unless authorized to proceed in forma Pauperis, will be unable to prosecute said cause of action, '!!_~~,--~,~., ,~-~-- ,"""Co 'e"",","",," ",< ~,'r~r-"._,--'{"", """"_',~', "":1" 'n,' ,~"~,, __ ~""'~"'~~''";V'~"5'/ :'f~','- ,'" ,,'-""<"_ " """p''''c, '", n'l-,!,-'-,',.__,' ( ,.."" """e t", ,'__' ~,' "" _ __, <_, _ ' ,_. _, "~"--, ,..". 9.) If denied the right to prosecute his cause of action for visitation and shared legal custody, Plaintiff will suffer much hardship, injustice, Wherefore, Plaintiff prays your honorable court to enter an order granting Plaintiff leave to file complaint for visitation and shared legal custody as an indigent party and proceed to granting thereof without the necessity of paying any costs. Respectfully Submitted, aiVe. ~ Floyd E. Barrick Pro se Petitioner ,';~, ,'" _R''',",'', ","':' _ ,'-'re,'-'-c__';7~r.,.,"1':"'~~~f(."""" c,.I;_'oI, _:"l"'1__ _,",__'" " ~",.c---::_ -',',""'___ ~''''~iLS\; ~7' '~~~-"? ,';i~,".t ,,~,C;' ,;: "",',j~ ;:-<__", .-;"t-,", c '-r'-<" '-'" ' 'e ~ r " I ~'-~ In the court of common pleas of Cumberland county, Pennsylvania Floyd Eugene Barrick, Plaintiff Civil Auction - Law v. Billy Joe Zimmerman, Respondent No. 7050 of 2002 Affidavit in support of petition for leave To proceed in forma pauperis 1.) I am the Plaintiff in the above said matter and because of my financial condition I am unaqle to pay the fees and costs of prosecuting or defending the action or proceedings 2.) I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3.) I represent that the information below relating to my ability to pay the fee's and costs is true and correct: (a) Name: Floyd Eugene Barrick Address: P,O. Box 193, Newville, PA 17241 (b) Social Security Number: 171-60-7526 (c) Employment: I am employed by McDonald's and make approximately $700.00 per month, (d) Other income in the past twelve months N/A (e) Other contributions to household support: N/A Note: I do not have any idea how much the respondent makes or even if she is employed, (f) Property owned - N/A (g) Debts and obligations -I am still paying off my court costs, which was $800.00. pay $25.00 a month on the court costs, (h) Persons dependent upon you for support N/A at this time. '.;~... - --"~'o,~,J-"~_o""''''''~ , ..,' "~~"'Y"",~~" '.~~"'-';f"I~'~' "-5_, -", -."" "'"''''''^'",,'''r-,\~'' '~.'_' ','Co, ',~"" " '"'~"'_:"'~"""_'''' ,.. ~, "'___""_,,~,_,",, " _,' .. , (4) I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay costs incurred herein, (5) I verify that the statements made herein this affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of perjury title 18 Pa, C.S,A. S 4904, relating to unsworn falsification to authorities, Date: ~/11ID3 I I ~ )~~~~ petition~ pro se '~wr'_'!~" ',L_TIf",=",.._"",_."",,,_,_,,,,,, __". -,",','.',",~,..,"'no;"",p~ ,"'1"_" "';1" _,' _'",' ,"~ "';'-;cf," ,,11,-,-,,___ " '\r_,;:,~"-'. co:' 7"'. "''''i,~v,,' ,-, "__"',, " "' ,',,' ""e, .. '''""',' . I ~.~ , ' 1.) The petition of No. 7050 of 2001: respectfully represents that on February 5, 2002 an ordet"Gfthe court was entered for mother shall provide father with current photographs of the child and monthly updates on the child's development. 2.) This order should be modified because on September 8,20021 am home Instead of being incarcerated, My address is P.O, Box 193, Newville, PA 17241, 3.) Wherefore, Petitioner requests that the court modify the existing order to shared legal custody and visitation because it will be in the best interest of the child. It would be to the benefit of the child and the plaintiff to ensure the maintenance of the transition to partial custody and regular visitation easier for both parties. Moreover, the child's need of both their parents. "j'~ '" ,V--. _V.,<;",,-,,,,)^_,,,",,x_' ,-~.,.,..., _ ~",,,,,,.."tr,,,,,,,,, __., "''''' _, ;','-'!-,F-'" t_ ..",., ''- "e__,," ,~, 'J'_":,, "~,,",,__,';'C.-': ~',;,-:,' '",?'_,"-' , ~_, -'"'_'~'l'~,0- ~-" '~, _," ,'>__ '('__ __ ',;"__n' , -- ''"'''~- ' , 'I' .' VERIFICA1toN I, L(o'f ct t:' l ~,( r \C; \(., , verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C,SA S 4904 relating to unsworn falsification to authorities. ~v~. ~~ ',:1-",,__, '_ -}'!:, ",', co' ,,'''''V'<''?'','\.:, !<,,~:.; ~" _'"" -:,~"_~,"""._",,2\_,, ",'" :<'';A;~'''''"/' ,",~, ,c,","_ ','7: ,~':--':-','f'" :'- _,_ -':'-",01- ~_.~,~ ''', 'f':;;'-'-- _; ""\ ~< ,-I~ ,<,-'",' ,-,- 7' -,' ~"'- --",-, , ,,"' ,'C"::"-'" ~. , , , !II ~c~'".~'"< l1TrhfiTr:"f'~~"'f"j " . () C) c: ~.j C' -,:.:. -Tl (B& .:;~ PI ..-'~_ll' :1=-1 Z..,.. -.,c ;":;2] 2r-:':..-' en ),,~ '" .,~g ,-<-,. f'-...;. !S:C'J ..." )5: :z:R -e a::i:l -s(..:, _.a. -.~ ~ ~ e_ O. =< !'>.) :;;! c..J ;;.:, -< ~L ~""~1_~.1~" ,,- ~ ,r-, ,- 1f:!ll!!'f1 ,,~;!!iWlIU-~~J., ~,~,,~~!!i~~~~>i~H'~?J_~r~~w~~~~~!'\~~l~;[t}l::t\-: ., ,) JUL 1 5 2003 tr' FLOYD EUGENE BARRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-7050 CIVIL TERM BILLY JOE ZIMMERMAN, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ,~ day of \ consideration of the attached Custody Conciliation R follows: , 2003, upon ort, it is ordered and directed as I. The prior Order of Court dated February 5, 2002 is hereby vacated. . 2. The Father, Floyd Eugene Barrick and the Mother, Billy Joe Zimmerman, shall have shared legal custody of Alicia Mae Zimmerman, born December 29,1999. Each parent shan have an equal right, to be exercised jointly with the other parent, to make an major non-emergency decisions affecting the Child's general well-being including, but not limited to, an decisions regarding her health, education and religion. " ,~, 3. Mother shall have primary physical custody ofthe child. ,..... ",^'^1f 4. Father shall have periods of supervised custody with Mother's Father, William Zimmerman, as the supervisor at least one time per week for at least two (2) hours and such other times as the parties agree. -' 5. 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. ,. p~~ [,.f\~? fj .c0 ()'I _\"1> \, J. (}.,t[t,,~ ',' "_c","__','-.'^_~""',',,", '~h. '<'~ ,__ ,.<.".. ,1",";" '" "."" " . ,-~ ,~,,,' , r'f-. " ;j! "'",,, ",~~,""","""" ,~, ': ' ~":~- ~r"-~J.:- ~ ~'" "' ~~" " , '1- liINVfO,\SNN3r! ~ ! t ~.,!(~r.,\ i~"!\ ('.., 1-',:::' ',L,\" .., " ,c'-;"i'"n''' "_.1nj V C/ .",'.., 1,,(1;/ U I.) il'j"I" ('n , '-",I AS\CJ~~'fl::;';""~"' :;:,':~,~__-' .:10 ],A::L:'!U-U;:1 1;.:1 =fll"O'"!'T",\;,,';;.;"frJ;C '~ ':O::""",~ ,~ ,~I~~'!~!iffH@/,'_ ""~~r~~,iT'MF-~i*~i~'~-'i'1"iIi{,,;'''i''r'ij~,"'1<i'f,-\~~~ljJ~~~~!W-<J.~'~!lllflj!;.,",~.l:l%~~~M_~:f)", T ., "~-""',"'~, . .~ cc: Floyd E. Barrick, pro se P.O. Box 193 Newville, PA 17241 Billy Joe Zimmerman, pro se 614 Range End Road Lot 17 DiIlsburg, PA 17019 " ,;e, .,"" '~__L..~.~_,; '__" _~, ~" . ,,~" , ,,~, " '-I" ~, ". , H,_, ".'~- .. , FLOYD EUGENE BARRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2001-7050 CIVIL TERM BILLY JO ZIMMERMAN, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 Alicia Mae Zimmerman December 29,1999 Mother 2. A Conciliation Conference was held in this matter on July 15,2003, with the following individuals in attendance: The Father, Floyd E. Barrick, pro se and the Mother, Billy Joe Zimmerman, pro se. 3. A prior Order of Court was entered by the Honorable Edward E. Guido dated February 5, 2002 providing for mother to have sole legal and sole physical custody of the Child. Mother, however was to supply Father with photographs and monthly updates on the Child. 4. The parties agreed to the entry of an Order in the form as attached. 1-1':>--tJ"S Date }f;l. 0 cq ine M. Verney, Esquire ustody Conciliator ,~, '..',' ~,~,-,"- ,~,"'~,-"' '.',< I',", ..,,' , ~, " ... FLOYD EUGENE BARRICK PLAINTIFF IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-7050 CIVIL ACTION LAW BILLY JOE ZIMMERMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 17, 2003 , upon consideration ofthe 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 Conrtbouse, Carlisle on Tuesday, January 20, 2004 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: Isl Jacqueline M. Verney. Esq. Custody Conciliator u 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 HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE mE 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 ':""'-"_~_<''''"-'f~>i ~ ',,'V"" I"" ~ !"_,' I ~ ' ',' ~< !" <lI ~?~,t~b ~ ~~ ~A~'7-~ *,7-/7) \-l,I""I\..n~J' '''. ~'il,'il\ j';<".\'\j't',I:'1d J -'.<-<. _, ," I \~" J" Att.", I( 1" ...." ,_ '.,J'; f e,,' "" ,.I :_,';',.'--/ :H?lgYVno "'!" , c,::,:; p,-j 01 ')'10 ." u ," ron' \":"J c;.U"lJ J!!\f'.'\ .... I1r1 ~.LUj\jCiHJoud :u-il '0 -,,-"\ tJ ->/ ....' ::i;J!:!::!O-037H ., ~-I" .,.,^ --,,,,,-,""","< ""-" .'," ,< , ~. din' 'l" ~'<i":J,-I(:'!lirt'iiiir;![J ... [V' N r./ E'c?;$/6 ~C\I ~-I ~~ I-.~-' ,~",",^~ ~~'''''-.,..", ",_~T~~~m>g~~~~;~,_-?,,'l:, ,~'r~\l!W'\\l~fil~!l'f~(iil\J:l:W;'';;2~'1'~'''';''~;-;':'''':-!;_~__"'___ir'F',"5~!!c';~j%":W'~;0N,~;W@~"''i'''illT''';'H''H,;,,';;';:;''''"f~fJ~if,~~~.~~~WV; ~~ ~" .. ,> , 1'/.D Di_ '7051J ~ DE0 ZOO3 ORDER AND NOTICE A motion has been filed in the court of common please of Cumberland, county ordering the mother of the child in the form mentioned petition to provide the father with current photographs of the child and monthly updates on the child's development: The court has learned you may have a legal interest shared legal custody and visitation of Alicia Mae Zimmerman. A hearing will be held in the court room of the court of common pleas Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on , at If you wish to have shared legal custody and visitation of Alicia Mea Zimmerman or wish to present evidence to the court on those matters, you should appelll' at the place and time on the date above. If you have the child in your possession or control, you must appear and bring the child to the Courthouse with you. If you fail to appear as provided by this order Alicia Mea Zimmerman and order for visitation and shared legal custody may be entered against you or the Court may issue a warrant for your arrest. 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 2 Liberty Avenue Carlisle, P A 17013 Phone: 800-990-9108 By the Court 11:0:-;,." . """'''''_'"'''_''~'''"'''''''''~''_='~''_"''''''''~''''' "'~" '"'1,1'1"0" , ',,,_,',"'" .' '111-,,,-" --.." , , ",,~' ;;" " . ''-'' ", .~",,~~- '""~- "'~'~c;;,;;,if3<,}:"~Yt-i" :::\"-- / In the Court of Common Pleas of Cumberland County, Pennsylvania Floyd Eugene Barrick, Plaintiff Civil Action - Law VS. Billy Joe Zimmerman, Respondent 70S00f2001 (Y\o+\ 0 D 1.) The petition of No. 7050 of2001 respectfully represents that on February 5,2002 an order of the court was entered for mother shall provide father with current photographs of the child and monthly updates on the child's development. 2.) This order should be modified because on July 15,2003. I am home instead of being incarcerated. My address is 446 West Main 8t. Walnut Bottom, Pa 17266. 3.) Wherefore, Petitioner requests that the court modify the existing order to share legal custody and visitation because it will be in the best interest of the child. It would be to the benefit of the child and the plaintiff to eusure the maintenance of the transition to partial custody and regular visitation easier for both parties. Moreover, the child's need of both their parents. 4.) She is not following the visitation; She wants dippers before I see her. She is all but 4 years old; she should not be in dippers. If she wants any support she needs to take me for support. The support is sepret from the visitation. /S!~~ . ," ,Co. '.~~' ,'" -'c'" , . "I' .-~ . . . ,~" . r ~-it.'1iwct.ep1lf~?&;:;S;;:$""'l~ '~ ;,,;,,,>",---, " "~l~;",";"" ","" '.";O""'-_'~" . , ~,' " I flor.J \Z. 6o.-f "..~ , verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 P A. C.S.A. S 4904 relating to unsworn falsification to authorities. ~Jre. &1~J'?~t~ .--~ ",.~~" ' 1__"" . '," ;,:-~-.' ~ -' ,.". " ~ .-"" ~ ,~ l!II "' .._""....~...""~, m ~llillrrrTITnT,7''100k''''J;;m'"B~ (") C~\ () C. c,_: -n s:: :':] -::.! -on:; ;"'1 92f; C::l d , zr c~. co J~ 1'.\ -< ~..' ~~) ~c~ j;,--. :-=,~ - z("< :J!~ :~~~.~ )>c co .~ Z "-~ ~ . ':....) ~~ -l ':0 -( .;:- '-< ~',",;>-__' ,,~,. ",~" ,~~ ,~,= F"'~n,.~, "~_ or ,'"",:,~ '";",,~li[ -,,:w1;~'I'-~,f)f~~~~~?-,;,,;;;j!li:F-W'''~':;:';T:Oii'iij:~~'fr-!''''l'~li',V%iti),0:!f~'Ii~,Ii\w.t~,!-:S%i%j'''~W.il~~_q::~~~j~~.tflM'~'\;f' l't?""':'f""~r""" ' "iT "'_~~'~"',,,- ," ~'"'-" .. ~,'" t .-" DEe 1 2 2003 In the Court of Common Pleas of Cumberland Connty, Pennsylvania Floyd Eugene Barrick, Plaintiff Civil Action - Law VS. Billy Joe Zimmerman, Respondent 70S0of2001 ':~ '.1 , ,I> \1 Petition for leave to proceed in forma Pauperis , ,:; To the honorable Judges of said Court: ~r And now comes, the Plaintiff, Floyd E. Barrick, Pro Se, and respectfully avers the following: (I) The address of the Plaintiff is 446 West Main St. Walnut Bottom, Pa 17266. (2) The address of the Respondent is 852 East Louther St. Carlisle, Pa 17013. (3) The Plaintiff only source of income is, Trying to receive unemployment. (4) The Plaintiff is and indigent person who was incarcerated. (5) Plaintiff has a valid cause of action against the Respondent for visitation and shared legal custody their daughter. (6) Plaintiff has no funds with which to exercise his legal right in this matter as evidenced in Exhibit "A", a more detailed statement of Plaintiff's financial situation. (7) The financial condition of the respondent to the extent known to the Plaintiff is set forth in Exhibit "A". (8)As an indigent party, the Plaintiff is unable to pay any of the necessary costs to prosecute his cause of action in visitation and shared legal custody and, unless authorized to proceed in forma Pauperis, will be unable to prosecute said cause of action. 1",~ljj;f,_", ~,,, _>:;' '_'."'_o"r,<,!,.Mj'",,..' !,,_, -,1R, '" 'r,~, !" , , .<' -~ " I ~~ ~~";'f'.-'~":'~""lr"'irllr ,'" =", ,,-' ~', "-,^-, __<.-'0 ' . .~ , . (9) If denied the right to prosecute his cause of action for visitation and shared legal custody, Plaintiff will suffer much hardship, injustice. Wherefore, Plaintiff prays your honorable court to enter an order granting Plaintiff leave to file complaint for visitation and shared legal custody as an indigent party and proceed to granting thereof without the necessity of paying any costs. Respectfully Submitted, ~.~ Floyd E. Barrick Pro Se Petitioner '~,\\l~jt;ll.~, , 0_:, "~' ~_T ~,"'<:_~_"',.c."" ":>1'_"" ;: '0<' ' ", ;~~' " "", "':', _, "" __,,"_ ' c..,"r, "~,,,_~ ",'" - - ~ ",,'c ',r' . !lIl . "~-r""--""'-"-""'^~"-' "~'. >' . "~"'\l11lt JTrirrT~'f~"iiiiJWi1i"i1!Ji",; 0 -c.:..' <;;; C '........' Y' C:J = FRD' ;"q zS: "') .~~, ,,;, kG ;:-:;:. :!Z:c ~r.: )>Q Cf? ' .,; L.. ::::\ 7' ,;.,.) )> =3 ~ -, .,- . ". ~:>" "'"',,""_~",_,_! ,.,.",,:-I)"L "I~~,flf-J!!l, ' <"". j~i;!l!m_~~__'~"~L__!"_,\_ ,~'~_"~~~~1i!)~,",d!f!@)iirf'P"i,~q_,+,-,-,; ""+'"'fF""''''''i'i;I;;;C'''~'fF~~~ptY1fW;~~Ti~f'L>g!'~~lJ!~~~~t_< >';,~J-~,_! . "" ,-- ~<,.' , ,,' In the court of common pleas of DEe 1 2 2003 Cumberland County, Pennsylvania Floyd Eugene Barrick, Plaintiff Civil Auction - Law v. Billy Joe Zimmerman, Respondent No. 7050 of2002 Affidavit in support petition for leave To proceed in forma pauperis I.) I am the Plaintiff in the above said matter and because of my fmancial condition, I am unable to pay fees and costo of prosecuting. 2.) I am nnable to obtain funds from anyone, including my family and associates, to pay the costs iflitigation. 3.) I represent that information below relating to my ability to pay the fee"s and costs is true and correct: (A) Name: Floyd Eugene Barrick Address: 446 West Main St. Walnut Bottom, Pa 17266 (B) Social Security Number: 171-60-7526 (C) Employment: Trying to get unemployment about (100.00 dollars a week) (D) Other income in the past twelve months N/ A (E) Other Contributions to household support: Nt A Note: I do not have any idea how much the respondent makes or even if she is employed. (F) Property owned- N/A (G) Debts and obligations - I am still paying off my court costs, which was 800.00. I pay $25.00 a month on the court costs. (H) Persons dependent upon you for support Nt A at this time. ''''',,_~r,I,' < __I.'"'' "~Of,' , c~. <"~ '", , " '~,'~ -- "' '. ... - r'-- .~~ ~:'>fFr'--' rcri""'"il!lI ~'r '" -""'~f ('~" .'~" ~ "~,~ -. (4) I nnderstand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay costs incurred herein. (5) I verify that the statements made herein this affidavit are true and correct. I nnderstand that false statement made herein are made subject to the penalties of peJjury title 18 Pa. C.S.A. S 4904, relating to unsworn falsification to authorities. Date: I2.jO~/()_ s Petitioner Pro Se IJ:j~p-. (3~ ';'~,*A ,," r""~_",,,,",~ ,'',w_'___:...,,",r,''_' "'1-" , "-,' ~, " "I ~_r;; illll ~.. -,Y_,', ,~," c,- ""~_~",,,,!.c?~~'f^_'-'"}-I' > '. r"" ~. "-~ - ~=,~,~<.'" -H', '"-" ~-4. 'mc-:cvt1li'''_'U'F'~f~ij(1:~r'IT'<':^'D';~?~~;i.:~~rR<~;;;_T;~;:~[; , - ~. 0 C:~'''' 0 -.' c: (...) .. ",. C'':' -vITi " n"l -'I'"' ~r" ,~C~ :z: l-' ~-, ~~ .."-, kC' r) ;E'.r-- 2~' -;--1 ~(-=j -.> (') Pc: ':? :":;;40 _-::.'j Z :"'.) J::;--. ::2 :J.J ..."' -< ,~; ":~~, ,- r,,",,~,,,,,_l;q"'~""'~",,:~~~M!~~#-R:'~E]W;3''':;;?Gt?1'f('~~;''i'!:;\?T.,,"'\w'<f-,\l",J~'f,f"'1l~-.;Yfi''j'\IF~'klfil~~fl';f&",~~;;- -""'1.1] . fj'":' '.' . Mr. Curtis Long Protnonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, Pa.l7013-3387 Floyd Barrick Pro Se 446 West Main St. WaInut Bottom, Pa. 17266 20n':l DEe 1 2 w Re: Mr. Long Can you please make the hearing A.SAP. The Child should not be miss treaded like this. Thank you ~~.~ Floyd E. Barrick ,~~.j'~;j ,. ... , ^C" ,','-',~, s_ l:- '" ~, ,1t, ,I'" " ~ ,= "'--" ,-0 '1_ ,,'~ , . ,'" " ',,"-' p ,-, "~',' --" FLOYD EUGENE BARRICK, Plaintiff JANYZ004 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ .. J V. : NO. 2001-7050 CIVIL TERM BILLIE JO ZIMMERMAN, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this !)3rJ.- day of consideration of the attached Custody Conc follows: , 2004, upon ;1t is ordered and directed as 1. The prior Order of Court dated July 18, 2003 is hereby vacated. ? The Father, Floyd Eugene Barrick and the Mother, Billy Joe Zimmerman, shall have shared legal custody of Alicia Mae Zimmerman, born December 29, 1999. 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 her health, education and religion. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of supervised custody with Mother's Father, William Zimmerman, as the supervisor every Sunday from 4:00 p.m. to 6:00 p,m. Father is to come alone to the visits. 5. Father is to have such other supervised visits as the parties agree. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. BYT~~ ~v~~1~ J. cc: Sally Owen, certified legal intern, counsel for Mother ~sica C. Diamondstone, Esquire, Mid Penn Legal Services ,/1'loyd E. Barrick, pro se 446 W. Main Street f\ ~~ Walnut Bottom, P A 17266 ..J ~~ ~.O~ 0\ .').. -'Y",....",_l';.i''''',$Ili'", "<" ~~ " .-, , ~ ", '""~~ " , T ~r.~~__,_-"~, l\1l 'rl!\,'\_//,", t ,< "' I] '. ~/," i l.i ("1,,, ,J . f\,UVI!l';f-, ',:,/' ~~}~Yi \!:?r:I r:; 1~1 ,,- .~, j .;-'\ 1..'.'" '... ,t~' Ij [;?/'''.r 1", rql h~O';' I;.'I"~, It, It /" ','-, '!,' 'L..' '/~~\j(,(JU f t" I , 30/)/j:d9'7D',a ". i~,9",*~""'7'i"]<-'Ja~~',v""'~-'"';,);'>W-iI",~!:.lj'~'~I!}f~i~lf~f:'H"!::.''''''i'_"'r"':<~-" ' '~~' ~~'x" '","-k-",~" ~'lIBt"~1<"c,,~>-a"'Tj"~7<P"(1~f1<'" "~'~"~~~i"'i;i~i1~~ .. ~ ,*;"V,~,"_-e",,>..i'~<::'~"!'::6:f'''''!';lj'j'i';i:'f~)f0.';j,M,,;N~~H:'~~,Jk._~.;.;Jl'.;.) r '"Y/0;);;;W_'ilfY'l: ^ ... FLOYD EUGENE BARRICK, Plaintiff JAN 2 2 2004 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2001-7050 CIVIL TERM BILLIE JO ZIMMERMAN, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Gnido, 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: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTL Y IN CUSTODY OF Alicia Mae Zimmerman December 29, 1999 Mother 2. A Conciliation Conference was held in this matter on January 20, 2004, with the following individuals in attendance: The Father, Floyd E. Barrick, pro se and the Mother, Billie Jo Zimmerman, with her counsel, Sally Owen, certified legal intern, and Jessica C. Diamondstone, Esquire, Mid Penn Legal Services. 3. A prior Order of Court was entered by the Honorable Edward E. Guido dated July 18,2003 providing for shared legal custody, Mother having primary physical custody and Father having supervised visitation. 4, The parties agreed to the entry of an Order in the form as attached, ;-)/ ~oi Date . ~ .~~ ftLt~ lacq ine M. Verney, Esquire Custody Conciliator '--~".'""'-"'W'j "