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HomeMy WebLinkAbout01-7050 NM Floyd E. Barrick, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA E-: v. : CIVIL ACTION-LAW -�; : CONTEMPT OF CUSTODY X Billiejo K. Monty, m� r�*� Respondant : NO. 01-7050 CIVIL TERM .z 73 r:0 ` 1/40 C CRIMINAL RECORD/ABUSE HISTORY VERIFICATION ( I, Billiejo K. Monty, hereby swear or affirm, subject to penalties of law includ .8 Pa.C.S. §4904 relating to unsworn falsification to authorities, that: � r 1. Unless indicated by my checking the box next to the crime below, neither I nor any other member of my household have been convicted or pled guilty, or pled no contest, or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 ❑ ❑ (Relating to criminal Homicide) ❑ 18 Pa. C.S. §2702 ❑ ❑ (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 ❑ ❑ (relating to terroristic threats) ❑ 18 Pa. C.S. §2709.1 ❑ ❑ (related to stalking) ❑ 18 Pa.C.S. §2901 ❑ ❑ (related to kidnapping) ❑ 18 Pa.C.S. §2902 ❑ ❑ (relating to unlawful restraint) ❑ 18 Pa.C.S. §2903 ❑ ❑ (relating to false imprisonment) ❑ 18 Pa.C.s. §2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ 18 Pa.C.S. §3121 ❑ ❑ (relating to rape) ❑ 18 Pa.C.S. §1322.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 Pa.C.S. §3123 ❑ ❑ (relating to involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. §3124.1 ❑ ❑ (relating to sexual assault) ❑ 18 Pa.C.S. §3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 Pa.C.S. §3126 ❑ ❑ (relating to indecent assault) ❑ 18 Pa.C.S. §3127 ❑ ❑ (relating to indecent exposure) ❑ 18 Pa. C.S. §3129 ❑ ❑ (relating to sexual intercourse with animal) ❑ 18 Pa.C.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders) Monty 5329 Verification p.2 of 5 ❑ 18 Pa. C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) ❑ 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ 18 Pa.C.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 Pa.C.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903(c) or ❑ ❑ (d) (relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) ❑ 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ 18 Pa.C.S. §6318 ❑ ❑ (relating to unlawful contact with minor) ❑ 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) Monty 5329 Verification p.3 of 5 ■ ❑ 23 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) ❑ Driving under the ❑ ❑ influence of drugs or alcohol ❑ Manufacture, sale, ❑ ❑ delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member ❑ A finding of abuse by a Children& Youth ❑ ❑ Agency or similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined under the ❑ ❑ Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: Monty 5329 Verification p.4 of 5 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the other party's household has.or have a criminal/abuse history, please explain: Floyd E. Barrick, DOB 08/20/1973 a. 09/09/1999 1. F2, Statutory Sexual Assault 2. M2, Indecent Assault Person Less 16 Years Age 3. Ml, Corruption of Mionrs b. 12/19/1996 1. F3, Criminal Tresspass-Enter Structure 2. S, Criminal Mischief/Dmg Prop Intent, Reckless or Negligent c. 08/03/1992, Aggravated Indecent Assault I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Billiejo ay »minty Monty 5329 Verification p.5 of 5 Page 7 of 10 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW Floyd E. Barrick, ) Petitioner ) ) c) ' .'V. ) No. 01-7050 - c Billy J. Zimmerman/Monty, ) ° Respondent ) t"A N o ✓ ry PETITION FOR CONTEMPT OF CUSTODY C I. Petitioner,Floyd E.Barrick resides at 27 Weist Road,Neville,PA 17241. 2. Respondent, Billy J. Zimmerman/Monty, resides at 844 Batilmore Pike, Gardners, PA 17324. 3. On January 23,2004,the Court entered an order regarding the custody of the following children:' Name Birth Date Age Alicia M. Zimmerman December 29, 1999 13 The order provides the following. Respondent has physical custody. Petitioner has shared legal custody. Respondent has shared legal custody. A true and correct copy of the order is attached to this petition. 4. Since the entry of said order,the respondent has willfully failed to obey the order in that: Yes, she will not let me see Alicia or will not let me talk to Alicia or will not talk to me about Alicia. 5. Respondent began violating the custody order on or around the following date: January 22, 2010 6. Petitioner has taken the following actions to enforce the custody order: • Tried to talk to Billy Jo on facebook and Yahoo Messenger. She keeps telling me to take her to Court. WHEREFORE,petitioner prays this court to adjudge the respondent in contempt of court and order appropriate sanctions. 11/15/2013 Page 8 of 10 Date: 9l 97 i3 trt,oval FLOYD . BARRICK,Petitioner • • 11/15/2013 Page 9 of 10 Verification I, FLOYD E. BARRICK,Petitioner, verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to=sworn falsification to authorities. Date: 3 • FLOYD . BARRICK, Petitioner 11/15/2013 Page 10 of 10 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Floyd E. Barrick, ) Petitioner ) ) v. ) No. 01-7050 ) Billy J. Zimmerman/Monty, ) Respondent ) CERTIFICATE OF SERVICE I certify that a true and correct copy of the Petition for Contempt of Custody was served upon Billy J. Zimmerman/Monty by (check at least one): ❑ First class mail,postage prepaid, and certified mail,return receipt requested at the following address: 844 Batilmore Pike Gardners,PA 17324 ❑ In person by an adult other than Floyd E. Barrick at the following address: nOyCk E - 2 5-Y ©r.� e-1,3‘,11 k(e , PA-- 172 '-/J The person who served the Petition for Contempt of Custody on Billy J. Zimmerman/ Monty in person was: 'f Name: F/U c'D E. l u((rC'"`' pp Address: 2.7 L0 54 ho tt ril QQ / 1r C. 1 Signature of person who made service: . ■111•_ I, Floyd E.Barrick, certify that this service was made on the 16 'kir) day of A.)O U. 20 ).3 • jit, 11/15/2013 v S7 JAN 2 2004 FLOYD EUGENE BARRICK, : IN THE COURT OF COMMON PLE OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO.20014050 CIVIL TERM BILLIE JO ZIMMERMAN, :CIVIL ACTION-LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW,thisj&` day of t ,2004,upon consideration of the attached Custody Co `J'ation Re=,4 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 el and the Mother,Billy Joe Zimmerman, shall have shared legal custody of Alicia Mae Zimmerman,born mber 29, 1199. Each parent shall have an equal right,to be exercised jointly with the other-patent,to make all major non-emergency decisions affecting the Child's general well-being including,but not limited to,all decisions ng 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 v.._. consent. In the absence of mutual consent,the terms of this Order shall control. BY OUR • WICA1 J. cc: Sally Owen, certified leealintern, counsel for Mother Asica C. Diamondstone,Esquire,Mid Penn Legal Services yd E. Barrick,pro se 446 W. Main Street 1' Walnut Bottom, PA 17266 • fh- " Floyd e c,rr% , . IN THE COURT OF COMMON gLEA ue.nl3 ` Plaintiff CUMBERLAND COUNTY OW` Vs • No. 0/--- 70S' CIVI RMN C piny To 71wirn Ylpiollfy : CIVIL ACTION - LAW _ Defendant IN CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, Flo yJE. kfrka.4-- , hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 IT IT (relating to criminal homicide) 18 Pa.C.S. §2702 IT IT (relating to aggravated assault) 18 Pa.C.S. §2706 IT (relating to terroristic threats) 18 Pa.C.S. §2709.1 r I (relating to stalkingt 18 Pa.C.S. §2901 IT (relating to kidnapping) 18 Pa.C.S. §2902 r r (relating to unlawful restraint) 18 Pa.C.S. §2903 r r (relating to false imprisonment) 18 Pa.C.S. §2910 r r (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 r r (relating to rape) 18 Pa.C.S. §3122.1 vicTg o vt relating to statutory 1 frobk4-1 n sexual assault) 434..004 ,-Ly s r 18 Pa.C.S. §3123 r r (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 r r F IZ r 3 yes (relating to sexual assault) r 18 Pa.C.S. §3125 r r (relating to aggravated indecent assault) r 18 Pa.C.S. §3126 r r (relating to indecent assault) 18 Pa.C.S. §3127 r r (relating to indecent exposure) 18 Pa.C.S. §3129 I (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 I FT (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 IT IT (relating to arson and related offenses) �- 18 Pa.C.S. §4302 IT (relating to incest) IT 18 Pa.C.S. §4303 r IT (relating to concealing death of child) IT 18 Pa.C.S. §4304 IT IT (relating to endangering welfare of children) 18 Pa.C.S. §4305 IT IT (relating to dealing in infant children) 18 Pa.C.S. §5902(b) IT (relating to prostitution and related offenses) 18 Pa.C.S. §5903 IT (c) or (d) (relating to obscene and other sexual materials and performances) r 18 Pa.C.S. §6301 IT (relating to corruption of minors) 18 Pa.C.S. §6312 IT Iz (relating to sexual abuse of children) 18 Pa.C.S. §6318 IT IT (relating to unlawful contact with minor) 18 Pa.C.S. §6320 IT IT (relating to sexual exploitation of children) 23 Pa.C.S. §6114 r (relating to contempt for violation of Protection order or agreement) Driving under the IT IT influence of drugs or alcohol Manufacture, sale, IT IT delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member A finding of abuse by a Children &Youth IT IT Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the IT IT Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: FT FT 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: '1 cel" •+1i e ow}eir 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child : 5. If you are aware that the other party or members of the party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. gr 1)1 y 6 k rr- Signature Printed Name FLOYD E. BARRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANR V M W 2001-7050 CIVIL ACTION LAW BILLY J.ZIMMERMAN IN CUSTODY DEFENDANT C_ ORDER OF COURT AND NOW, Monday,December 02,2013 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,December 26,2013 12:00 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. 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. You must rile with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court(including,but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT. By: /s/ Jacqueline M. Verney x,11 -— Custody Conciliator F, 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 Co 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 1 11.3 I � FLOYD EUGENE BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-7050 CIVIL TERM BILLIE JO ZIMMERMAN, : CIVIL ACTION -LAW Defendant s;- IN CUSTODY ORDER OF COURT AND NOW,this .3/ lay of.�Gf r}1I , 2013, upon - consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: • nce = -- _ . . _ •- _ -. . . . . the _. _ : - . , • • ATM �_.. 01 a at ber - . . • _ _ : : -- with•• ' - - ' 4-4. 2. A Hearing is sched ed in Court R om No. 3 , of the C mberland County Court House, on the ?V day of r , 2014, at 7'3d o'clock,A . M., at which time testimony will be taken. For purposes of this Hearing, Father shall be deemed to be the moving party and shall proceed initially with testimony. 3. Pending a hearing,the prior Order of Court dated January 23 2004 is tempor ilxspende . oeev _ 4. Father shall undergo a Section 5329 evaluation to determine whether he poses a threat to the child due to his conviction for statutory sexual assault and whether counseling should be ordered. 5. 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 J. cc: Floyd E. Barrick,pro se 27 Weist Road �Newville, PA 17241 Billy J. Zimmerman, pro se 844 Baltimore Pike Gardners, PA 17324 co P I pat //Off 09t d2r. • FLOYD EUGENE BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : 2001-7050 CIVIL TERM BILLIE JO ZIMMERMAN, : CIVIL ACTION -LAW Defendant : 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 December 26, 2013, with the following individuals in attendance: The Father, Floyd E. Barrick, pro se and the Mother, Billie Jo Zimmerman,pro se. 3. A prior Order of Court was entered by the Honorable Edward E. Guido dated January 23, 2004 providing for shared legal custody, Mother having primary physical custody and Father having supervised visitation. 4. Father filed for Contempt alleging Mother has withheld the child from him since January, 2010. Father's position on custody is as follows: Father seeks shared legal custody and supervised visitation. Father admits to being convicted of statutory sexual assault. He indicates he is not a Megan's Law offender. He indicated he is willing to have a Section 5329 evaluation to determine whether he would pose a threat to the child and whether counseling is necessary. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having no contact with the child. She indicates that the Father has communicated inappropriate information to the child over the interne 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, and temporarily suspending the prior Order of Court. It is expected that the Hearing will require one day. Date ° ac q e l e M. Verne y, Es q uire d Custody Conciliator FLOYD EUGENE BARRICK, ▪ IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA v. • 2001-7050 CIVIL ACTION - LAW • BILLY JO ZIMMERMAN, Defendant • IN CUSTODY ORDER OF COURT AND NOW, this 24th day of February, 2014, hearing in this matter is continued to Friday, April 11, 2014, at 9 : 30 a.m. A copy of the 5329 Evaluation shall be made available to this Court as well as counsel for Defendant within 20 days of today' s date . Based upon the Evaluation, the parties can decide whether anyone needs to be subpoenaed to testify at the upcoming hearing. In the event that the evaluator is requested to testify, he may participate by telephone . Pending said hearing, our order of December 31, 2013 shall remain in full force and effect . By the Court, Edward E. Guido, J. Floyd E. Barrick, Pro Se •.�.. 27 Weist Road r 7curc Newville, PA 17241 ' rri fl- co ..,//‹vid A. Hlatky, Certified Legal Intern Thomas M. Place, Supervising Attorney Community Law Clinic 2 For the Defendant : vae -< c,, . _. (lefts itbliik ai Vic/ �'1 FLOYD EUGENE BARRICK, Plaintiff V. BILLY JO ZIMMERMAN, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL&Ntg moo =rri fr7,z,-- : : CIVIL ACTION - LAW •-<> CD , --4c) NO. 2001-7050 CIVIL TERM.rc:-5 X>c-) > lab r • -74 --I -< IN RE: CUSTODY ORDER OF COURT AND NOW, this llth day of April, 2014, based upon our in-person contact with the Defendant at the hearing on February 24, 2014, and based upon the evidence taken at said hearing, we are unable to determine whether he poses a threat to the child and whether counseling is necessary. He is ordered to obtain an evaluation from a mental health professional to be provided to this Court which specifically addresses the issue of whether or not the Defendant poses a threat of harm to his 13-year-old daughter as a result of his prior conviction for statutory sexual assault and his subsequent lengthy incarceration therefor. We will have a further hearing on this matter on Friday, May 30, 2014, at 2:30 p.m. The Plaintiff is directed to provide Defendant's counsel with a copy of the evaluation on or before May 16, 2014. If it is necessary for the mental health professional to testify at the hearing, either party may subpoena him or her and we will take the testimony by telephone. Pending said hearing, our order of December 31, 2013, shall remain in full force and effect. Edward E. Guido, J. yd E. Barrick 27 Weist Road Newville, PA 17241 id A. Hlatky, CLI Thomas M. Place, Supervising Attorney Community Law Clinic The Stevens Center 33 State Avenue Carlisle, PA 17013 :lfh Cc, I 'es P ' LL yfripy FLOYD E. BARRICK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW BILLIEJO K. MONTY Defendant rn cr3 wry NO. 2001-7050 CIVIL TERM t„r' N Vic, CD 77, MOTION FOR CONTINUANCE r. Defendant, Billiejo Monty, by and through his attorneys, the Community Law Clinic, represents the following: 1. Plaintiff, Floyd Barrick (Father) and Defendant, Billiejo Monty (Mother) are the parents of Alicia Zimmerman (the child), born December 29, 1999. 2. Father resides at 27 Weist Road, Newville, Pennsylvania 17241. 3. Mother resides at 844 Baltimore Pike, Gardners, Pennsylvania 17324. 4. On November 22, 2013, Father filed a Petition for Contempt of Custody against Mother. 5. After a conciliation on December 26, 2013, this Honorable Court entered an Order dated December 31, 2013 directing the parties to attend a hearing on February 24, 2014, suspending Father's contact with the child, and directing Father to undergo a Section 5329 evaluation to determine whether he poses a threat to the child. 6 At the February 24, 2014 hearing, this Court ordered Father to provide a copy of his 5329 evaluation to the Court and the undersigned within 20 days of that date, and continued the hearing until April 11, 2014. 7. At the April 11, 2014 hearing, this Court, still without a copy of Father's 5329 evaluation, determined it was unable to determine whether Father poses a threat to the child and whether counseling is necessary. The Court ordered Father to obtain an evaluation from a mental health professional that would specifically address this issue, and to provide a copy of the evaluation to the undersigned on or before May 16, 2014. 8. The matter was again continued to May 30, 2014. 9. Through conversation with Father on May 15, 2014, the Community Law Clinic learned that Father never received the required evaluation and had only gone to talk with someone about doing the evaluation that same day. 10. Based upon a phone call to the doctor's office to which Father indicated he was going, the undersigned believes that no evaluation has been conducted. 11. Mother believes and avers that no evaluation will be ready for this Court's review by May 30, 2014. 12. The undersigned has attempted to contact Father via telephone and receives a message saying that Father's prepaid phone is not accepting calls. The undersigned does not have an alternate way to contact Father prior to the May 30, 2014 hearing. WHEREFORE, Mother requests that this matter be continued generally until such time as Father receives and provides to the Court and counsel for Mother a Section 5329 evaluation to determine any threat of harm he poses to the child at issue. Pending such time, Mother requests that this Court's December 31, 2013 Order remain in full force and effect. Respectfully Submitted, Summer Swanson Certified Legal Intern Q-� MEGAI'RIESMEYER Supervising Attorney COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717)243-2968 Fax: (717) 241-3596 FLOYD E. BARRICK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW BILLJO K. MONTY Defendant NO. 2001-7050 CIVIL TERM ORDER OF COURT AND NOW, this ,May of May, 2014, upon consideration of the attached Motion for Continuance, the motion is g ..,a.. der Cc: er o recem.er s a remain orce ane ec Judge y,Ityd Barrick, Plaintiff, pro se Community Law Clinic, for Defendant Ca ins /r2? Ark_ ,5# 9/#1 • FLOYD E. BARRICK, Plaintiff v. BILLY JO ZIMMERMAN, Defendant . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW . NO. 2001-7050 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of May, 2014, this case is continued generally until such time as Plaintiff is prepared to offer testimony from a medical health professional which specifically addresses the issue of whether or not he poses a threat of harm to his 13 -year-old daughter as a result of his prior conviction for statutory sexual assault. We will reschedule a hearing at the request of either party once Plaintiff has provided a statement from the mental health professional to this Court with a copy to Defendant's counsel. By the Court Floyd E. Barrick 27 Weist Road Neville, PA 17241 Edward E. Guido, J. David A. Hlatky, Certified Legal Intern Timothy Smith, Esquire Community Law Clinic srs COO es , z C Cr fl yiti