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HomeMy WebLinkAbout01-7050IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Floyd Eugene Barrick, Plaintiff Billy Joe Zimmerman, Civil Action - Law No. of 2001 Respondent : 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 within 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 without 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Floyd Eugene Barrick, : Plaintiff : Civil Action - Law : V. Billy Joe Zimmerman, : No. of 2001 Respondent : COMPLAINT FOR VISITATION AND SHARED LEGAL CUSTODY 1. Plaintiff is Floyd E. Barrick S.C.I. Dallas, 1000 Follies Road, Dallas, 2. Defendant is Billy Joe Zimmerman residing at East Louther Street, Carlisle, PA 17013. residing at PA 18612-0286. 852 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 with 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 witness, concerning court. 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 Floyd E. Barrick, currently residing at S.C.I. Dallas, 1000 Follies Road, 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 a party or or in another capacity, in other litigation the custody of the child in this or another 14. Plaintiff has no information proceeding concerning the child pending in a Commonwealth. 15. Plaintiff the proceeding who of a custody court of this does not know of a person not a party to has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. The best interest and permanent welfare of the 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 to ensure the maintanence of the 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 requests the court to grant Plaintiff visitation and shared legal custody of the child. Respectfully submitted, Date: ~/] ~/~) I Floyd E.IBarrick pro se complaintant YERIFICATION 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. plaint41f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEC 1 8 ZO0i Floyd Eugene Barrick, Plain%iff Billy Joe Zimmerman, Civil Action - Law Respondent : : No. of 2001 ORDER AND NOW this -~-'~ day of , 2004, it is hereby ORDERED and DECREED tha% Petitioner be granted leave to proceed in forma pauperis as to the followiing: 1. filing fees, 2. service of process on Respondent,-a~r~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Floyd EuGene Barrick, Plaintiff Billy Joe Zimmerman, Respondent : : Civil Action - Law : 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.I. 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. 5. Plaintiff has a valid e~%u~e 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. 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 without the necessity of paying any costs therefor. Respectfully submitted, pro se petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Floyd Eugene Barrick, Plaintiff Billy Joe Zimmerman, : Civil Action - Law Respondent : : No. of 2001 AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS ]. 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.I. 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. (e) Property owned: None (f) Debts and obligations: costs which were $800.00. As taking twenty percent of my pay every month (about (g) Persons dependent upon you for support. 4. I understand that I have a continuing obligation 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 made herein Pa.C.S. §4904, authorities. am still paying off my court a result of Act 84 they are $7.00). correct. I understand that false statements are made subject to the penalties of 18 relating to unsworn falsification to FLOYD EUGENE BARRICK PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01-7050 CIVIL ACTIONLAW BILLYJOEZLMMERMAN DEFENDANT : 1N CUSTODY AND NOW, Tuesday, January 08, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , thc conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, January 30, 2002 at 1:30 PM for a Pre-Hearing Custody Conferemce. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot bc 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 thc 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: /si Jacaueline M. Verne~. Esa. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SHERIFF'S RETURN - CASE NO: 2001-07050 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARRICK FLOYD EUGENE VS ZIMMERMAN BILLY JOE REGULAR DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to 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 WILLIAM ZIMMERMAN, FATHER a true and attested copy of by handing to COMPLAINT - CUSTODY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this ~'~ day of / ; Prothonotary ' J So Answers: R. Thomas Kline 01/03/2002 FLOYD BARRI CK FEB 0 1 FLOYD EUGENE BARRICK, Plaintiff V. BILLY JOE ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-7050 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this~a> ~of ~-~ ~.x , 2002, upon consideration of the attached Custody Conciliation P~port, ~["l's or~ered and directed as follows: 1. The Mother, Billy Joe Zimmerman, shall have sole legal custody of Alicia Mae Zimmerman, bom 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. BY T~ J. c~)oyd E. Barrick, pro se ~ f O'}C) i~_.~ AO~').~ ./David Lopez, Esquire, Counsel for Mother ~"~.'..~ ' 0 ~' FLOYD EUGENE BARRICK, Plaintiff BILLY JO ZIMMERMAN, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2001-7050 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCII,IA. TION 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 Alicia Mae Zimmerman DATE OF BIRTH CURRENTLY IN CUSTODY OF 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.I. 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 of the 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. Date ~]Jacc(ffeline M. Verney, Esquire ,~ Custody Conciliator FLOYD EUGENE BARRICK, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vo BILLY JOE ZIMMERMAN, DEFENDANT 01-7050 CIVIL TERM ORDER OF COURT AND NOW,' this day of May, 2003, the petition of Floyd Eugene Barrick to proceed in forma pauperis, IS GRANTED. oyd Eugene Barrick, Pro se P.O. Box 193 Newville, PA 17241 :sal FLOYD EUGENE BARRICK PLAINTIFF BILLY JOE ZIMMERMAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-7050 CIVIL ACTION LAW 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 Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, 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 Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl~. 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 FLOYD EUGENE BARRICK, Plaintiff V. BILLY JOE ZIMMERMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-7050 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT consideration of the attached Custody Conciliation Retport, it is ordered and directed as follows: 1. 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, bom 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 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. cc: Floyd E. Barrick, pro se P.O. Box 193 Newville, PA 17241 Billy Joe Zimmerman, pro se 614 Range End Road Lot 17 Dillsburg, PA 17019 FLOYD EUGENE BARRICK, Plaintiff V. BILLY JO ZIMMERMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : 2001-7050 CIVIL TERM : : 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 Alicia Mae Zimmerman DATE OF BIRTH CURRENTLY IN CUSTODY OF 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. Date ~uCqU~ine M. Vemey, Esquire stody Conciliator FLOYD EUGENE BARRICK PLAINTIFF V. BILLY JOE ZIMMERMAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-7050 CIVIL AC'lION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Wednesday, December 17, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before ~[cqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, 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 existiug Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIlE COURT. By: /s/ ]acqueline 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 SttOULD TAKE TItlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPttONE TItE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL ItELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FLOYD EUGENE BARRICK, Plaintiff V. BILLIE JO ZIMMERMAN, Defendant -" JAN~2004 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-7050 CIVIL TERM : : CIVIL ACTION - LAW : : 1N CUSTODY ORDER OF COURT AND NOW, this ,_Q3g[ day of ~x.t~.A ,2004, upon consideration of the attached Custody Conciliation Repq~t; it is ordered and directed as follows: 1. The prior Order of Court dated July 18, 2003 is hereby vacated. 2. The Father, Floyd Eugene Barrick and the Mother, Billy Joe Zimmerman, shall have shared legal custody of Alicia Mae Zimmerman, bom 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 of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. cc: Sally Owen, certified legal intern, counsel for Mother v,h~ssica C. Diamondstone, Esquire, Mid Penn Legal Services ~'~oyd E. Barrick, pro se 446 W. Main Street Walnut Bottom, PA 17266 FLOYD EUGENE BARRICK, Plaintiff V. BILLIE JO ZIMMERMAN, Defendant JAN 2004 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : 2001-7050 CIVIL TERM : : 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 Alicia Mae Zimmerman DATE OF BIRTH CURRENTLY IN CUSTODY OF 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 emered 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. Date Iacqu~line M. V~mey, ~s'quireL~ Custody Conciliator