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Home My WebLink About04-5078 CATHERINE HOOK and RONALD HOOK, (Paternal Grandparents) Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. O<J-.5b7f ~ ru-- BRANDON HOOK and HILARY BARBUSH, (Natural Parents) Defendants CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiffs, Catherine and Ronald Hook, by and through their attorney, Gary L. Kelley, and file this custody complaint, and in support thereof, respectfully aver as follows: 1. Plaintiffs are Catherine and Ronald Hook who reside at 48 I 4 Briar Road, Mechanicsburg, Pennsylvania 17050. 2. Defendants are Brandon Hook whose last known address is 4814 Briar Road, Mechanicsburg, Pennsylvania 17050 and Hilary Barbush who resides at 207 S. Union Street, Middletown, Pennsylvania 17057. 3. Plaintiffs seek custody of the following children: Name Present residence Age Zoe A. Hook 4814 Briar Road Mechanicsburg, P A DOB 11123/98 The child was born out of wedlock. The child is presently in the custody of Plaintiffs. 4. Since birth, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Plaintiffs 4814 Briar Road Since birth Mechanicsburg, PA 5. The mother of the child is a Defendant. She is separated from the father of the child, the other listed Defendant. 6. The relationship of Plaintiffs to the child is that of paternal grandmother and grandfather. Plaintiffs currently reside with the following persons: Name Relationship Zoe A. Hook granddaughter 7. The relationship of Defendant Hook to the child is that of father. Defendant currently resides with the following persons: Name Relationship unk. 8. The relationship of Defendant Barbush to the child is that of mother. Defendant currently resides with the following persons: Name Relationship unk. 9. Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiffs do not know of a person not a party to the proceedings who bas physical custody of the child or who claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiffs are fit parents. The child sees Plaintiffs as a source of love and affection. Placing custody with Plaintiffs will provide continuity, stability and certainty to the cbild's life, Each parent whose parental rights to the child which has not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiffs requests this Court to grant legal and physical custody of the child to Plaintiffs. Respectfully submitted, ~ L K,k#Q ID o. 6801 132-134 Walnut Street Harrisburg, PA 1710] (717) 238-1484 Attorney for Plaintiffs VERIFICATION I verify that the statements made in the foregoing document(s) are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein may subject me to the penalties of 18 Pa.C,S. Section 4904 relating to unsworn falsification to authorities, a VERIFICA nON I verify that the statements made in the foregoing document(s) are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein may subject me to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, / ~ '~'r 0- 7" ~ - -0 ~ I"-- \ I r- '--.' 8::- ~ cJ' ----..... -----, c- '-' r CATHERINE HOOK and RONALD HOOK, (Paternal Grandparents) Plaintiff6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-.50 71? BRANDON HOOK and HILARY BARBUSH, (Natural Parents) Defendants CIVIL ACTION - CUSTODY PETITION FOR EMERGENCY RELIEF AND CONFIRMATION OF CUSTODY AND NOW, comes the Plaintiffs, Catherine and Ronald Hook, by and through their attorney, Gary L. Kelley, and file this Petition For Emergency Relief, and in support thereof, respectfully aver as follows: 1. Plaintiffs are Catherine and Ronald Hook who reside at 4814 Briar Road, Mechanicsburg, Pennsylvania 17050. They are the paternall grandparents of the minor child who is the subject of this matter. 2. Defendants are Brandon Hook whose last known address is 4814 Briar Road, Mechanicsburg, Pennsylvania 17050 and Hilary Barbush who resides at 207 S. Union Street, Middletown, Pennsylvania 17057. 3. Plaintiffs seek custody of the following children: Name Present residence Age Zoe A Hook 4814 Briar Road Mechanicsburg, P A DOB 11/23/98 The child was born out of wedlock. The child is presently in the custody of Plaintiffs. 4. Since birth, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Plaintiffs 4814 Briar Road Since birth Mechanicsburg, PA 5. The mother of the child is a Defendant. She is separated from the father of the child, the other listed Defendant. 6. The father of the child is a Defendant. He is separated from the mother of the minor child, the other listed Defendant. 7. Since birth, the minor child, Zoe A. Hook, has resided with her grandparents, the Plaintiffs in this matter. 8, The Plaintiffs have provided for all of the child's financial and emotional needs since birth. 9, The listed Defendants have had little to no interaction with the minor child over the years, 10. The minor child views the Plaintiffs as a source of love, comfort, and affection, II. She is thriving in the home environment of the Plaintiffs. 12. Both of the listed Defendants suffer from drug dependency issues. 13. It is believed that Defendant Hilary Barbush is facing drug charges in Dauphin County or is the target of a drug investigation. 14. Recently, the Defendants have begun threatening to remove the minor child from the care and custody of the Plaintiffs. 15, The minor child is frightened that she will be removed from the only home that she has known. 16. The Defendants' conduct is having such an adverse consequence upon the minor child that she has had to undertake counselling to address her fears and concerns. 17. Defendant Brandon Hook has threatened to unilaterally remove the child from the custody, care, and control of the Plaintiffs and "give" the child to Defendant Barbush. 18. Defendant Brandon Hook has stated that this will occur during the week of October 11, 2004. 19. The minor child does not have significant relationships with either Defendant as their respective contact with the child has been infrequent. 20. It is believed that as a result of this infrequent contact that the minor child does not view either Defendant as a parent and does not view them as a source of love, comfort, and affection. 21. Removing the child from the custody of Ilhe Plaintiffs is contrary to the best interests of the minor child as she has resided with the Plaintiffs since birth and she views the Plaintiffs as a source of love, comfort, and affection, 22, It is an accepted psychological tenet that such a drastic move could have adverse psychological consequences upon the minor child. 23. The mere threat of such a move has seriously impaired the psychological well- being of the minor child as evidence by her present need for counselling to cope with here fears and concerns. 24. Without the immediate intervention of this Honorable Court, Defendant Brandon Hook will carry out his threat and unilaterally remove the minor child from the custody of the Plaintiffs and remove her from a stable school environment. 25. Without the immediate intervention of this Honorable Court, the minor child will suffer lasting and irrevocable psychological harm from being removed from a stable environment with loving and caring grandparents. WHEREFORE, based upon all of the foregoing, the Plaintiffs respectfully request that this Honorable Court issue a temporary Order confirming the status quo and maintaining custody of the minor child, Zoe Hook, with plaintiffs pending further Order of Court. Respectfully submitted, Ga I NO.4 801 11 rth Front Street Harrisburg, P A 17102 (717) 238-1484 Attorney For Plaintiffs VERIFICA nON I verify that the statements made in the foregoing document( s) are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein may subject me to the penalties of 18 Pa,C.S. Section 4904 relating to unsworn falsification to authorities, . ( ~ m~d..4/.4'rJ ~ '---' VERlFICA TION I verifY that the statements made in the foregoing docmnent( s) are true and correct to the best of my knowledge, infonnation and belief. I understand that false statements made herein may subject me to the penalties of 18 Pa.C.S, Section 4904 relating to unsworn falsification to authorities. ~~/---- / ~ ....... .t4' - ,...r-, \.N fJ L), cJ ~ ("') ('~ "".,) c.;..., c:~ .1:- o C) -j , m () -il --< -7;1;,;::;' 1"1' ~, :::t, ~:? CO ....n CATHERINE HOOK and RONALD HOOK, (Paternal Grandparents), PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. BRANDON HOOK and HILARY BARBUSH, (Natural Parents), DEFENDANTS 04-5078 CIVIL TERM AND NOW, this ORDER OF COURT ~ day of October, 2004, upon consideration of plaintiffs' petition for emergency relief, IT IS ORDERED that pending an order following conciliation on plaintiffs' complaint for custody, plaintiffs' petition for emergency relief, IS GRANTED in that temporary physical and legal custody of Zoe Hook, born November 23,1998, IS GRANTED TO PLAINTIFFS. By tl~~CoUrt, ~ Edgar B, Bayley, J. '" :sal ,ti ; ~)- ~ t l , ~ 'fJ },~ , b.f ~ k \--f ~ \7;[\: \;//\lAS1\1/\'.?d J I "\/(;,""',('! :'-1' '~::..,:~"?v.Jno /\3..r" '>..... 6S : 11 H~ 8- 1JO '1DDl ~L;'-"J'n,\I!"\';_!:(\Gd 3i-!1 ::f0 '\CJV.,I.I..h~,v' '___\.; _,_ =1~;H-IC}-UjlU CATHERINE HOOK AND RONALD HOOK PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-5078 CIVIL ACTION LAW BRANDON HOOK AND IDLARY BARBUSH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 14, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, November 09, 2004 at 1:00 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. 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 existin!: Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT. By: Isl Dawn S. Sunday, Esq. Custody Conciliator mhc 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 lHIS PAPER TO YOUR ATIORNEY 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 ~p~ ~w 4~/;t/.Jj.~1 ~ 1( ~ ~~ A(7'}/'r7/ ~ fw ~ ""j' ~e- ~ -~;;' -~ A(? ,7(. rJl 0'; :7.' !,1,..1 8! l:JJ ('iDOl .} ,J oJ ".;.j ::2 DEe 0 3 200~ ~ CATHERINE HOOK and RONALD HOOK Plaintiffs (Paternal Grandparents) vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5078 CIVIL ACTION LAW BRANDON HOOK and HILARY BARBUSH Defendants IN CUSTODY Prior Judge: Edgar B. Bayley 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 Zoe Hook November 23, 1998 Paternal Grandparents 2. A conciliation conference was initially held on November 9, 2004 with the following individuals in attendance: The Plaintiff Paternal Grandparents, Catherine Hook and Ronald Hook, with their counsel, Gary L. Kelley, Esquire, and the Mother, Hilary Barbush, who is not represented by counsel. The Father was not present for the first conference. 3. As it was determined at the November 9 conference that both the Mother and the Father had received notice only a few days before the conference and had not had an opportunity to consult with counsel, the matter was rescheduled for November 30, 2004. 4. The second conciliation conference took place as scheduled on November 30, 2004, with the following individuals in attendance: The Plaintiff Paternal Grandparents, Catherine Hook and Ronald Hook, with their counsel, Gary L. Kelley, Esquire, the Father, Brandon Hook, pro se, and the Mother, Hilary Barbush, pro se. 5. It was agreed at the conference that the existing Order dated October 8, 2004 under which the Paternal Grandparents have custody of the Child would continue in effect while the parties made arrangements to obtain a custody evaluation. It was agreed that the parties would contact Georgie Anderson to obtain additional information pertaining to the cost of a Phase I Evaluation and would follow up to have the evaluation completed if financially feasible. 6. It was further agreed that no further Order is necessary at this time, although the parties would have the opportunity to contact the conciliator to schedule an additional custody conciliation conference, if necessary, within 60 days of obtaining the evaluator's custody recommendations. f4-- ~ Dawn S. Sunday, Esqmr Custody Conciliator cc:,,6ary L. Kelley, Esquire - Counsel for Plaintiffs v'Iillary Barbush, Mother vBrandon Hook, Father ~,~~ {Jf? I ~ / DEe 0 3 2004 J CATHERINE HOOK and RONALD HOOK Plaintiffs (Paternal Grandparents) vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 04-5078 CIVIL ACTION LAW BRANDON HOOK and HILARY BARBUSH Defendants IN CUSTODY Prior Judge: Edgar B. Bayley rTTSTonv rONrn J A TTON"TTMM A PV TH'PORT CUMBERLAND COUNTY COURT ADMINISTRATOR lNE COURTHOUSE SQUARE CARLISLE, PA 17013 '"' , Gary L. Kelley, Esquire 132-134 Walnut Street Harrisburg, PA 17101 ~~ELL.132 17LOj370~ 190Q 16 12/05/0Q RETURN TO SENDER I<ELL Y (GAR".''' MOVED LEFT NO ADDRESS UNABLE TO FORW~RP RETURN TO SENDER i7iui+~~~~~~C\ ; III ill 1'1 II II II l; III i I; /'li lli!lJfn!iHlil!H Iii j!H dB l:!iH!li!liI1il!f!Juii Iii