HomeMy WebLinkAbout00-08509
~ ,
...L'
~ c '
'1'1
..
4
ANN ELIZABETH PERAGINE,
Plaintiff
In the Court of Common PleasJ~N J J Z i [I~
CUMBERLAND County,
PENNSYL VANIA
v.
Civil Action - Law
No. 00-8509
GERALD ANDREW PERAGINE,
Defendant
Protection From Abuse
MODIFICATION TO TEMPORARY
PROTECTION FROM ABUSE ORDER
AND NOW, this _ Day of January 2001, the terms and conditions of the Temporary
Protection From Abuse Order issued on the 8th Day of December 2000 remain in full force and
effect with the following modifications:
1. During periods of time when Plaintiff is normally at work and the Defendant's children
are at home (Monday through Friday, 3 PM - 7:30 PM), Defendant may contact his
children by telephone.
2. Defendant may send email and mail to his children.
3. Defendant may coordinate visitation with his children by contacting the children
directly in the above manner. The Plaintiff must, in all cases, be informed by the children
prior to any such visits, and the Plaintiff must grant consent before the visits commence.
Defendant will pick up the children at their home and Defendant will remain in his vehicle
during transfer of custody.
BY THE COURT
George E. Hoffer, President
Judge
Distribution To:
- Legal Services, Inc., attorneys for Plaintiff
- Gerald Andrew Peragine, Defendant
"'*
I~
j-j,_" 1-,
,< . - -,~ ~i
-,
ANN ELIZABETH PERAGINE,
Plaintiff
In the Court of Common Pleas of
CUMBERLAND County,
PENNSYLVANIA
v.
Civil Action - Law
No. 00-8509
GERALD ANDREW PERAGINE,
Defendant
Protection From Abuse
MOTION FOR MODIFICATION OF TEMPORARY
PROTECTION FROM ABUSE ORDER
Defendant, Gerald Andrew Peragine, moves the Court for an Order modifying the
Temporary Protection From Abuse Order related to the above-captioned case, issued by this
Court on December 8, 2000, and Continued by the Court on December 29,2000, on the grounds
that:
1. Defendant's children are not named as Protected Persons in the existing Order.
2. The existing Order places undue restrictions on the Defendant's ability to
communicate with his children and arrange access to visitation with his children.
3. Defendant has a good relationship with his children, is concerned about their welfare,
and there is no reasonable cause to deny, impede, or obstruct Defendant's parental rights.
WHEREFORE, Defendant requests that the Court grant this Motion to modify the
Temporary Protection From Abuse Order so that Defendant may more readily contact his
children and arrange visitation.
Respectfully submitted,
,
~~.I~$';~!!""~~~ljj,'1lli~~jl')1!:&:;;;~i;&a,I!~'"~fi~"'"';~1iI~''"Iitr!Sl!l'i!~
._, ~-
-
,~" 3 ,,_,,~,=~,
~~l~" .....~~
d
.
o
Li~
fh?:;::
?;;:,1:,
~;,I.,
OJ..,:
~~~
:;;::-.,' )
~~c
2:
-;J
"""
..
I'
-(:::)
,--j-
fl
-:--1
::c~,7"
,,"'-
"
-,..
,,;
2.::
....;;..
'n".,_,'
-',- ,
;:'~'{)
<""'"::---;-1'
~~~ FI~
,:-:-I
--",~
'::'0
-<
9?
''V
~' I,'
,..~
.~., !fit"
ANN ELIZABETH PERAGINE,
Plaintiff
JAN 112~
In the Court of Common Pleas of
CUMBERLAND County,
PENNSYL VANIA
v.
Civil Action - Law
No. 00-8509
GERALD ANDREW PERAGINE,
Defendant
Protection From Abuse
MODIFICATION TO TEMPORARY
PROTECTION FROM ABUSE ORDER
AND NOW, this _ Day of January 2001, the terms and conditions of the Temporary
Protection From Abuse Order issued on the 8th Day of December 2000 remain in full force and
effect with the following modifications:
1. During periods of time when Plaintiff is normally at work and the Defendant's children
are at home (Monday through Friday, 3 PM-7:30 PM), Defendant may contact his
children by telephone.
2. Defendant may send email and mail to his children.
3. Defendant may coordinate visitation with his children by contacting the children
directly in the above manner. The Plaintiff must, in all cases, be informed by the children
prior to any such visits, and the Plaintiff must grant consent before the visits commence.
Defendant will pick up the children at their home and Defendant will remain in his vehicle
during transfer of custody.
BY THE COURT
George E. Hoffer, President
Judge
Distribution To:
- Legal Services, Inc., attorneys for Plaintiff
- Gerald Andrew Peragine, Defendant
y,,""'~
"~
I ~
l' ~~
""',~ ~,;
JAN 11 2001~
/'i'j
ANN ELIZABETH PERAGINE,
Plaintiff
In the Court of Common Pleas of
CUMBERLAND County,
PENNSYL VANIA
v.
Civil Action - Law
No. 00-8509
GERALD ANDREW PERAGINE,
Defendant
Protection From Abuse
MODIFICATION TO TEMPORARY
PROTECTION FROM ABUSE ORDER
AND NOW, this Day of January 2001, the terms and conditions of the Temporary
Protection From Abuse Order issued on the 8th Day of December 2000 remain in full force and
effect with the following modifications:
1. During periods of time when Plaintiff is normally at work and the Defendant's children
are at home (Monday through Friday, 3 PM - 7:30 PM), Defendant may contact his
children by telephone.
2. Defendant may send email and mail to his children.
3. Defendant may coordinate visitation with his children by contacting the children
directly in the above manner. The Plaintiff must, in all cases, be informed by the children
prior to any such visits, and the Plaintiff must grant consent before the visits commence.
Defendant will pick up the children at their home and Defendant will remain in his vehicle
during transfer of custody.
BY THE COURT
George E. Hoffer, President
Judge
Distribution To:
- Legal Services, Inc., attorneys for Plaintiff
- Gerald Andrew Peragine, Defendant
IT'
~ii'1If,",~"'&"~;Cf!""'It"!"""!'t;Y!1"""Y"'''!;;!'![i!''i;;i&''''
,,',LI_ :I"I[
,
I,
I.
..)
~
~'
~~~
~
oJ
~
~
~
~
'"
~
~
~
~
~
"-.
'-
I",
<::/
.....
-.l
~
-f$R~~lk;:;~{;'~R~i;i?~7ta.;~k;j)iiP,,-?1'QJ:?fe.t,~4}1&:-:~,\f;~
~~~f(,,*jf;i'1i',&:-,*'1;J;j~,~r,fziL9\ll.y~i1'i~;r0,~:s:~;~5;~f;;"t~;;tj?Ti{'f':,J!~,_
,-
,
1,
K
~~
:6 <t
~~~
-
~ ~ 'S
\-S \t:~
~
~
'"
J!fj;l1t;~~;;;@;~~j:~,;rJ~tl1ZJfi}:t~iI,Li'it~~i~gi2~;;?-~J1~~w*k";&::;1,{~1i
-
"'"
~i~ ;
'.
.
ANNE ELIZABETH PERAGINE,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
v.
: PENNSYL VANIA
: Civil Action - Law
GERALD ANDREW PERAGINE,
Defendant
: No. 00-8509
: Protection From Abuse
CONTINUED TEMPORARY ORDER
AND NOW, this 29th Day of December, 2000, pursuant to 23 Pa.C.S. ~6107(c), the terms and
conditions of the Temporary Order issued on 8th Day of December, 2000, in the above-captioned
case are hereby continued in full force and effect. This order is in effect until June 8, 2002.
A hearing on this matter is scheduled for the February 9,2001, at 10:00AM in Courtroom NO.3
on the 4th Floor of the Cumberland County Courthouse, One Courthouse Square, Carlisle.
Distribution To: II
LEGAL SERVICES, INC. CeJpiC"5 fPC50flCi 7 j' vef}
Gerald Andrew Peragine, Defendant " I ed
c/o James Peragine CDfl('S fVlOd
99 Perry Street, Enola, P A 17025
FAXed & mailed to PSP
"
~,>" 'y ,.!I)~1 ,_ ,.-Ut,
~.
~ ~ "
-.', - ~,,-~ " ~ ,~'<
c;,' ~"
., . ~~li';~)T/\EY
00 Q!:t" ')<.,
,-.,' (.,:)
'). 11
, J' 1..1!.~
C" if,,}' ,', ....,
VI'iJt.:~~~"Lr,;.t_,; CCYJj\jTV
Pr~I' IS\I' " , "
C:I J\ JLvAi\~IA
."
.
""'"
.., '" ,~' ,., ~,,~ 0 < 0_'"
~' ,
'<<
~.~Y'~1:lIIm-!i',~'~~~,
l~~f,)L1,-jl""W)";' ';""';I~,7'~';:";^';jO>~~'I~;':,';I!"-~~~,~Q\j~f$',~~','i3-'R""'V';'"~~"l~~!lW'!
.' ,<
--~
,
.,-- ,
, -=
~&~ll:
.
ANNE ELIZABETH PERAGINE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-8509 CIVIL TERM
GERALD ANDREW PERAGINE,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
MOTION FOR. CONTINUANCE
Plaintiff, Anne ElizabethPeragine, by and through her attorney, Joan Carey ofLegal Services,
Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the
grounds that:
1. A Temporary Protection From Abuse Order was issued by this Court on
December 8,2000, scheduling a hearing for December 18, 2000, at 11 :00 a.m.
2. The Cumberland County Sherifi's Department served Defendant with a certified copy
of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at 99 Perry
Street, Enola, Cumberland County, Pennsylvania, on December 8, 2000.
3. On or about December 15, 2000, Defendant contacted Legal Services, Inc. staff and
was advised of his right to counsel in this matter. Defendant told Legal Services, Inc. staff that he
did not want representation in the Protection From Abuse case, and said that he wanted to try to
settle the case.
4. The parties agree that the hearing be rescheduled to facilitate settlement of the case.
5. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect
for a period of 18 months from the date it was entered, through June 8, 2002, or until further Order
of Court, whichever comes first.
It;!;li!!"~'
~.~ ~
-- ,= ~ .~="""
-iI
;,
"''''l~_~iO<I~Jii;,',_'''~f.'
.
, ,
WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter
for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of
18 months from the date it was entered, through June 8, 2002, or until further Order of Court,
whichever comes first.
""J"'IfuI1Y "",",llol, ~
~~L
Joan Carey
Maryann Murphy
Attorneys for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
~~,
lL1h._!l~It!~~.1tm__~~iili~'1",':r<:'V'~"\"i)-";'<:"-'f"~"';jj,;",,, 1;'!o,kJ;;"1.~~_!jf~iID1tlliii;:~"","''''i''!~<'4I~~I:i':liti:i_m~~I~mi!iUl--[fjjtln~j:J:~~~;!..;:[trtll
~.
'1'1
.
.,
(-,
J
}~
..,.",
$!{:~:
I!l:
fi~
-4
-<
" ,^"","'(~ ,
~,',- ~'^~->," - ~-,,;,
~ c' "^"'. ,"'T>C_N
::::>
-
.~
C::-I
c,:)
....,
,~=T1
~'J
;"\)
lO
.-) "1'1
-,'::::'
~-)
2i~;
'CO;
,?
~:CJ
-<
--,-,
-,.,.
o
1/Ifo
(~
.
~"
, ._ ".l~, ~~ .~.
-~~ .', ~-f;.,
January 4,2001
Jerry Peragine
99 E Perry Street
Eno1a, P A 17025
The Honorable George E. Hoffer
Court of Common Pleas
Cumberland County, Pennsylvania
Re: Temporary PF A, no. 00-8509, dtd 12/8/00, Ann Elizabeth Peragine
vs. Gerald Andrew Peragine
Your Honor,
I thank Your Honor for continuing the above case until February 9 so that I may
fully realize my rights as an accused and prepare my case. I feel it's urgent, though, to
petition the Court now for modification of one of the provisions of the PF A, which I feel
has placed an unjust hardship upon my children and myself. I have filed today, with the
Prosonitary office, Motions and Orders, with appropriate copies and stamped envelopes,
for your consideration. I beg the Court's patience to consider my plea, which I file pro
se.
The Continued Temporary Order, which Your Honor signed on December 29th,
contains misrepresentations that I feel I must respond to prior to the date of the hearing,
and which make one of the covenants of the PF A untenable for me. In Paragraph 3, it is
stated that the staff of Legal Services, on or about December 15, informed me of my
rights and that I stated that I didn't want representation. Neither statement is remotely
true. In fact I indicated to the paralegal with whom I spoke that I was confused and upset
about the situation and hadn't decided if I would seek counsel, and in fact that I would
ask an attorney about Legal Services "offer" to make the terms of the PF A permanent.
The paralegal actively tried to persuade me to forego counsel, in that it would "save me a
lot of attorney fees", would relieve me of having to pay Legal Services for the fee
mandated by the Court's PFA, and mean that I "wouldn't even have to show up for the
hearing". I feel that no legal body, particularly not one receiving taxpayer funding,
should encourage any party to dispense with counsel, and that some statute must exist
that prohibits this. As per the PF A, I'm restricted to seeing my children only by
arrangements made through Legal Services. Your honor, as Legal Services has been very
slow in answering my requests to see my children, and as Legal Services has tried to
persuade me to forego counsel and made misrepresentations in their Motion for
Continuance, and as I have a good relationship with my children and my children are not
"' i_
""~.
--- ~
"j "~,cj
\
-
named as Protected Persons in the PF A, I file for the modifications stated in the Order
I've presented to your Court today.
Your Honor, the Plaintiff works each weekday from 11 AM - 7 PM. Prior to the
Court's issuance of the Temporary PFA, I would be at home with my children from 4:45
PM, to cook, help with homework, etc. Now my children are completely unsupervised
until the Plaintiff arrives home from work (at approximately 7:45 PM). My assessment
of my eldest child, a 14-year-old girl, is that she lacks the maturity to provide adequate
supervision of her younger brother and sister. None of the children can cook, and I've
reason to believe that the Plaintiff is not preparing them food ahead of time. I am very
concerned about my children's welfare during this period each day, and would like the
ability to call my children on the telephone to speak with them during this time period.
I believe I can and will demonstrate to the Court on February 9, with the aid of
qualified witnesses familiar with the Plaintiff, that the Plaintiff is not the proper custodian
for my children. That she has a drinking problem that has resulted in a recent DUl and
court-ordered treatment from the Gaudenzia rehabilitative facility, that she has admitted
in a hearing before Judge Placey to drinking on the night of the alleged abuse which
constitutes the basis for the PF A, that she has as recently as June gone out drinking for
the evening and not returned until the next day (an incident where the Mechanicsburg
police searched several hours for her, and which is annotated in an incident report which
1'11 endeavor to subpoena), that there has been no history of violence in our 15 year
marriage until this abuse alleged in the PF A, and that I represent no threat to my wife but
that the current situation is potentially a grave threat to my children. Until that hearing,
Your Honor, for the sake of my children's welfare and in the interests of common sense, I
ask the court to grant me the very modest modifications I request.
.f'\ C'J ~ ~
b~~ "\ I
~ ~
~ "l.
~ ~ ~
~
~
~
~~
~ t C'\.
~ ~j
~~
L...
~
~
*
";;.wftKi$j""''''~,i,!''','''Wi.;j0'''':F,::;FJ;"''';';"i,,i:;if. ~ '
'", ",I",'"
. I "",''''- ,,,,-,,,.,,,,
~
~
~
~
lIl€A,~if~';4r-~kil:i~\:,'toyt:;,M:}'iJ(i!J:iff';i~?Kf:S~';;~~l!B~
~"
- <,~
~~']
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-08509 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PERAGINE ANNE ELIZABETH
VS
PERAGINE GERALD ANDREW
CPL. TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
PERAGINE GERALD ANDREW
the
DEFENDANT , at 0018:26 HOURS, on the 8th day of December, 2000
at 99 PERRY ST BROTHER'S RESIDENCE
ENOLA, PA 17025 by handing to
GERALD A. PERAGINE
a true and attested copy of PROTECTION FROM ABUSE
together with
NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER, PETITION
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
9.30
.00
10.00
.00
37.30
So Answers:
~~~-t:~t
R. Thomas Kline
Sworn and Subscribed to before
12/11/2000
By: J-;
/ '" I&-
me this .
day of
~:k-vv A.D.
~tL ~,~,
rothonotary .
ANNE ELIZABETH PERAGINE,
Plaintiff.
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 00- 't5M
CIVIL TERM
GERALD ANDREW PERAGINE,
Defendant
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND OIIDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed
against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In
particular, you may be evicted from your residence and lose other important rights.
A hearing on this matter is scheduled on the ~ay of December, 2000, at 1/ -' 0lJ tJ... .m.,
in Courtroom No..3- on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, Penosylvania.
You MUST obey the Order that is attached until it is modified or terminated by the court after notice
and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you
to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six
months in jail under 23 Pa. C. S. ~61l4. Violation may also subject you to prosecution and criminal penalties
under the Pennsylvania Crimes Code. Under federal law, 18 US.C. ~2265, this Order is enforceable
anywhere in the United States, triballands, US. Territories and the Commonwealth of Puerto Rico. If you
travel outside of the state and intentionally violate this Order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 US.C. ~ 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer represent
you at the hearing. The court will not, however, appoint a lawyer for you. 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. If
you cannot find a lawyer, you may have to proceed without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue, Carlisle, Pennsylvania 17013
Telephone Number: (717)249-3166
AMERICANS WImDISABILITIES ACT OF 19-90
TheComt of Common PleasofCnm&riandCouirtyisrequired by la:wto comply with the Americans
with Disabilities Aet of 1990. For information about accessible mcilities and reasonable accommodati\1l1\S
available to disabled individuals having business beforethe 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.
-~
~,--- --
."
-
"q-
!='l i Fr}'~()i':F!CE
n ~ ,,-- ~"~"r':fun~i("')l''\RY
\.J ,_ :',:..i!! i',,Ji'.', n
00 DEe -8 PM 3: 1.;3
CUMBERLAND COUNTY
PENNSYLVANIA
__ '''' ,~o,;,,' "-'~"-,,,"~,,,,'--",,,,,, ,,~ __,',_- L--'~-- , ",^" "~_'_" '",',' _ ~. '~ ~
-- ----~.. ,
~,r, ,,",J~i%1\~~'1~~~;~~~!;f~t~:~&iJ1l\'~i1:,,'i'~f~4W~W~~,~,j!~tm'G-'lftii-~~~~~JfJ&~~~~-iiiOii10{H,g;m'Rlt!!!~~
, "
, ~^'
ANNE ELIZABETH PERAGINE,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
v.
: PENNSYLVANIA
: Civil Action - Law
GERALD ANDREW PERAGINE,
Defendant
; No. oO-liSo7
:
: Protection From Abuse
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: GERALD ANDREW PERAGINE
Defendant's Date of Birth is: May 10, 1956
Defendant's Social Security Number is: 113-46-2114
Name( s) of All protected persons, including Plaintiff and minor children:
I. ANNE ELlZABEm PERAGINE
AND NOW, on 8th Day of December, 2000 upon consideration of the attached
Petition for Protection from Abuse, the court hereby enters the following Temporary
Order:
Plaintiff's request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any
place where they might be found.
It
,
~"~
2. Defendant shall be evicted and excluded from the residence at:
16 East Gate Drive
Camp Hill, PA 17011
or any other permanent or temporary residence where Plaintiff or any other person
protected under this Order may live. Plaintiff is granted exclusive possession of
the residence. Defendant shall have no right or privilege to enter or be present on
the premises of Plaintiff or any other person protected under this Order.
3. Except for such contact with the minor child/ren as may be permitted under
paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT
with Plaintiff, or any other person protected under this Order, at any location,
including but not limited to any contact at Plaintifl's school, business, or place of
employment. Defendant is specifically ordered to stay away from the following
locations for the duration of this order.
Plaintiff's current residence or any place where she may stay during the term
ofthis Order.
Plaintiff's current place of employment or any other place where she may be
employed during the term of this Order:
The Iron Kettle Restaurant
2050 State Road
Camp Hill, PA 17011
Defendant shall not go to the schools of the minor children, except for the
limited purpose of attending schoof..related activities.
4. Except for such contact with the minor child/ren as may be permitted under
paragraph 5 of this Order, Defendant shall not contact Plaintiff, or any other
person protected under this Order, by telephone or by any other means, including
through third persons.
5. Pending the outcome of the final hearing in this matter, Plaintiffis awarded
temporary custody of the following minor child/ren:
1. SARA ELIZABETH PERAGINE
2. REBECCA DIANE PERAGINE
3. MASON ANDREW PERAGINE
Until the final hearing, all contact between Defendant and ~ child/ren shall be
limited to the following:t'
Pending further Order after the hearing scheduled in this case, Defendant
, j,-
,,' .iJ("J - i.J,,'~{,
""' --', 1 '..',/
may have periods of partial custody with the parties' minor children on dates
and at times mutua:lly agreed by the parties.
Defendant shall contact Plaintiff's attoruey in this case to facilitate custody
arrangements.
Defendant shall remain in his vehicle at all times during transfer of custody.
The local law enforcement agency in the jurisdiction where the child/ren are
located shall ensure that the child/ren are placed in the care and control of the
Plaintiff in accordance with the terms of this Order.
6. The following additional relief is granted:
Defendant is prohibited from having any contact with Plaintiff's relatives
and the minor children listed in this petition., except as the court may find
necessary with respect to partia:J cnstody with the minor children.
Defendant is ordered to pay temporary support to Plaintiff and the minor
children, including medical support and rent, pending the entry of an Order
through the Cumberland County Domestic Relations Office.
Defendant is ordered to refrain from harassing the minor children and/or
Plaintiff's .-elatives.
Defendant is enjoined from damaging or destroying any property
jointly owned by the parties or owned soIeIy by Plaintiff.
7. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
HAMPDEN TOWNSHIP POLICE DEPARTMENT
LOWER ALLEN TOWNSHIP POLICE DEPARTMENT
8. The sheriff: police or other law enforcement agencies are directed to serve the
Defendant with a copy of the Petition, any Order issued, and the Order for Hearing
without prepayment of costs. The Petitioner will inform the designated authority of
any addresses, other than the Defendant's residence, where Defendant can be
served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs.
9-. TIllS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL JUNE 8,2002 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY TIllS COURT AFTER NOTICE AND
HEARING.
"
,~- ~ .
-
..'~ ~ '
"'~!iH:
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for
indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up
to six months injail. 23 Pa.C.S. ~6114. Consent of the Plaintiff to Defendant'sretum
to the residence shall not invalidate this Order, which can only be changed or
modified throug)l the filing of appropriate court papers for that purpose. 23 Pa.C.S.
~6113. Defendant is further notified that violation of this Order may subject himlher
to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 U.S.C. ~~2261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintifl's
residence OR any location where a violation of this order occurs OR where the
defendant may be located. If defendant violates Paragraphs 1 throug)l5 of this Order,
defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest
for violation of this Order may be made without warrant, based solely on probable
cause, whether or not the violation is committed in the presence of law enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of
abuse. Weapons must forthwith be delivered to the Sheriff's office of the county
which issued this Order, which office shall maintain possession of the weapons until
further Order of this court, unless the weaponls are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
,jIi'
Distribution to:
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row, Carlisle, P A 17013
(717) 243-9400
FAXed & mailed to PSP
~, - ~ .~
~-,~
~
,~
w' ~, ~,__
FiLtD-()c:F~CE
-vo'I'''''''T''''Y
C'F I :.""~",'i<'..J f"'JI
O~r () C''' ". "0
OO[-~ -t; In .:i. (.~
CU """1 :'.'''' (v"'''r[Y
t\iJtY~.:!1v,r~l) 'J..JUI'J
PENNSYlYANIA
,iji
;W;~ :~;,*,,~~~W'i'P.~iM~~14'lT~~~~~~'!!ij~,~ j ,~~~~~:!~*,~Wi!!l~i,;:'i~!~~~'J;(~i1~HW'$t~ft~fm~~~1-i!-'1a{~ii'l!fP1&~~
- "~~" ~" "~~
~~
J-I,
I
J_,
h. n"li!!7" "";
PF AD Number: UKl168025W
ANNE ELIZABETH PERAGINE,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
.
.
v.
: PENNSYLVANIA
: Civil Action - Law
GERALD ANDREW PERAGINE,
Defendant
; No. 00- 'iDOl
: Protection From Abuse
PETITION FOR PROTECTION FROM ABUSE
L PlaintifFs name is:
ANNE ELIZABETH PERAGINE
2. I, (the Plaintift), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. ANNE ELIZABETH PERAGINE
4. Plaintifl's Address is: 16 East Gate Drive, Camp Hill, PA 17055
5. Defendant's Name is:
GERALD ANDREW PERAGINE
6. Defendant is believed to live at the following address:
c/o James Peragine, 99- Perry Street, Enola, PA 17025
,~~
"
,j~
i _ ~ _ _ , ,j 'W~~" '
, ';
7. Defendant's Social Security Number is:
113-46-2114
8. Defendant's Date of Birth is:
May 10, 1956
9. Defendant's Place of employment is:
A.G. Edwards & Sons, Inc., 4400 Deer Path Road, Harrisburg, PA
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
Spouse
Parents of the same children
12. The defendant has been involved in a criminal court action.
13. The defendant is not currently on probation f parole
14. Plaintiff and Defendant are the parents of the following minor child/ren:
a. SARA ELIZABEm PERAGINE
Age:14 years old
Child's address is: 16 East Gate Drive, Camp Hill, P A 17011
b. REBECCA DIANE PERAGINE
Age: 11 years old
Child's address is: 16 East Gate Drive, Camp Hill, PA 17011
C. MASON ANDREW PERAGINE
Age:10 years old
Child's address is: 16 East Gate Drive, Camp HiD, PA 17011
15. Plaintiff is seeking an Order of child custody as part of this petition.
The fo:l1owing is a list of the children and where they have live fur the past 5 years:
a. SARA ELIZABEm PERAGINE
~-'
1',-
~ ,
"Iii'" loJ - 'kI'
'U'~~l
For the past 5 years, this child has lived with:
Plaintiff and siblings at 16 East Gate Drive,
Camp Bill, PA, from November 21, 2000, to the present.
Plaintiff, Defendant, and siblings at 16 East Gate Drive;
Camp Hill, PA, from 1998, to November 21,2000.
Plaintiff, her mother, Elizabeth Moynahan, and siblings
at 16 East Gate Drive, Camp Hill, PA, from 1997, until 1998.
Plaintiff, Defendant, and siblings at South West 119th Street.
Miami, FL, from 1995, until 1997.
b. REBECCA DIANE PERAGINE
For the past 5 years,. this child has lived with:
Plaintiff and siblings at 16 East Gate Drive,
Camp Hill, P A, from November 21, 2000, to the present.
Plaintiff, Defendant, and siblings at 16 East Gate Drive,
Camp Bill, PA, from 1998, to November 21, 2000.
Plaintiff, her mother, Elizabeth Moynahan, and siblings
at 16 East Gate Drive, Camp Hill,. PA, from 199-7, until 1998.
Plaintiff, Defendant, and siblings at South West 119th Street,
Miami, FL, from 1995, until 1997.
c. MASON ANDREW PERAGINE
For the past 5 years, this child has lived with:
Plaintiff and siblings at 16 East Gate Drive,
Camp Hill, P A, from November 21, 2000, to tbe present.
Plaintiff, Defendant, and siblings at 16 East Gate Drive,
Camp Hill, PA, from 19-9-8. to November 21, 2900.
Plaintiff, her mother, Elizabeth Moynahan, and siblings
at 16 East Gate Drive, Camp Hill, PA, from 1997, until 1998.
Plaintiff, Defendant, and siblings at South West 119-th Street.
Miami,. FL, from 1995, until 199-7.
16. The facts of the most recent incident of abuse are as follows:
On about Tuesday, November 21, 2000
location: 16 East Gate Drive, Camp Hill, PA, the marital residence.
On or about November :n, 2000, Defendaut shoved Plaintiff causing her to fall headcfU'St against
~~ ,
j-
: J
-"':
the wall, shoved her to the Door, and repeatedly kicked her about her back, shoulder, side, and
bnttocks. When Plaintiff told Defendant that she was going to telephone the police, he
disconnected the telephone, hid it and the other telephones in the house to prevent Plaintiff from
calling for help, and left the residence. Plaintiff reported the incident to the Hampden Township
Police, and Defendant was charged with simple assault, sta:Iking and harassment. A preliminary
hearing was held before District Justice Placey, and the charges were bound over for trial.
17. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren,
(including any threats, injuries, or incidents of stalking) are as follows:
In or about October 2000, Defendant slapped the parties' 10-year-old son repeatedly about the
head and shoulders, and continued to slap the child after he dropped to the Door, curled up in a
fetal position and covered his head with his arms to protect himself. When Plaintiff intervened,
Defendant yelled at her blaming her for his actions.
In or about July 2000, Defendant back-handed Plaintiff in the face, and when she threatened to
call the police, Defendant grabbed her arms and restrained her from using the telephone.
Defendant let go of Plaintiff when the parties' 14-year-old daughter intervened.
In or about spring 2000, Defendant argued with Plaintiff in the car, yeBed at her when they got
in the house, and threw a deacon's bench at her hitting her on the wrist, and threw a coffee can
at her narrowly missing hitting her in the head. Plaintiff sustained soreness and bruising about
her wrist as a result of this incident.
Since approximately 1995, Defendant has abused Plaintiff in ways including, but not limited to,
yelling at her and in her face; calling her vile names; shoving her about, sometimes with such
force that she has fallen to the Door; throwing objects at her such as shoes and books, which
have hit her on the back and buttocks; and slamming doors open against walls with such force
that the doorknobs have punctured the walls. On one oceasion, Defendant was angry and, using
his arm, swept the groceries Plaintiff unpacked off of the counter and onto the Door. Defendant
has also kicked the family cats when he has been angry. Defendant controUed and intimidated
Plaintiff by demanding to know her daily whereabouts, isolating her from her friends and family
members, telephoning her at home and at her place of employment to check up on her, and
continually insulting and demeaning her. '
18. The police department(s) or law enforcement agencies that should be provided with a copy of the
protection order are:
HAMPDEN TOWNSHIP POLICE DEPARTMENT
LOWER ALLEN TOWNSHIP POLICE DEPARTMENT
19. There is an immediate and present danger of further abuse from the Defendant.
20. Plaintiff is asking the court to evict and exclude the Defendant from the following residence:
16 East Gate Drive, Camp Hill, PA.
~ J
. ;..-
-c- ' "Ill<~oj'
Owned By:
Plaintiff's mother, Elizabeth Moynahan.
Rented By:Aune Elizabeth Peragine and Gerald Andrew Peragine.
+ 1. The Defendant owes a duty of support to Plaintiff and/or minor child/ren.
22. FOR. THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A
TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE
FOLLOWING:
a. Restrain Defendant from abusing, tlrreatening, harassing, or stalking Plaintiff and/or
minor child/ren in any place where P1aintiffmay be found.
b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from
attempting to enter any temporary or permanent residence of the Plaintiff.
c. Award Plaintiff temporary custody of the minor child/ren and place the following
restrictions on contact between Defendant and child/ren:
pending further Order after the hearing scheduled in this case, Defendant may
have periods of partial custody with the parties' minor children on dates and at
times mutua:lly agreed by the parties.
Defendant shaU contact Plaintiff's attorney in this matter to arrange periods of
partial custody with the minor children.
Defendant shaU remain in his vehicle at aU times during transfer of custody.
d. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren,
either in person, by telephone, or in writing, personally or through third persons,
including but not limited to any contact at Plaintiffs schoo~ business, or place of
employment, except as the court may find necessary with respect to partial custody
and/or visitation with the minor child/ren.
e. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiffs
children listed in this petition, except as the court may find necessary with respect to
partial custody and/or visitation with the minor child/ren.
f Order Defendant to pay temporary support to Plaintiff and/or the minor child/ren,
including medical support .
g. Order Defendant to pay the costs of this action, including filing and service fees.
h. Order the following additional relief, not listed above:
-"-'1.~~"_W'
Date:
-
J,
_,,",".,,.;"""'..~ L',.~,._~,
...o...-~
,. '.;'
. Order Defendant ti) remuD from h~sing the minor children andfor
Plaintiff's relatives. '
. '.
. Enjoin Defendant from damaging or destroying any property jointly owned by
the parties or owned solely by Plaintiff.
Order Defendant to pay' $256:00 to OIie of Legal Services, me. 's funding
sources for the cost to litigate this case.
L Grant suclt other relief as the coUrt cteeiiis appr~piiitte. ,
. ,~. .' ,': ' . .
,j. Order the police or other laW eiiforeerilent ~eng;' to. serve the Deferu:lantwith a
copy of this Petition, any Order issUed, aiid the Order for Hearing. The petitioner
will inform the designated authority of any addres,ses, oth~ than the Defendant's
n::sidence, where Defendant' Cmi bifserved. .,.". .
." ,
Respectfully submitted,
1d/7 In)
(
oan Carey, Attorney for B
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
~ - ~ .,.,,~
,&.:'-
IIWry"
VERlFICA TION
I verifY that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa. C. S. ~4904, relating
to unsworn falsification to authorities.
Dated: I ") - ~-- 150
O-A--I"'. g~o
Anrie Elizabeth Peragine, PI. .
:-~Ut!I!Q~~~~~I@t'.@ir,!tl~"J,(tS;~Slt;,';;-:,P,\;1",~rn.'%1.~;Wi\1~~.1I~'l~~i~j~~~~1:;I1!ill_ir.lJm'lIfJl'"
"'.~ ,',,'
"'-
;?
cS.
)~
'-~
~').,.
VJ i:i'l
~ \1
~ 1 .f.
......... " .]
~~
-L
...c
1'"
-e
..,.
~
s:.
~
c:::
~
.~
:i-
~
~
<:+
V)
...j
~
tf
v
)
u:
~ ~
L'. ~
~ z
(~ co ::) <J:: ~,
LU"~,,.
~i,~ f~~J (;-,~ "
,:--2 \
,..,:::.~ U"':C '-
I.l.:.-r'~ ,.:t;;1i: ~;~~ " ~
Yt-~ \
("")(;~ en ;~?~ ~~
Li}tJ- I
rr.:-~~ c-'!- ,~
_t,~ L..-.J h~i{.D
r-' CJ :~c-
1.1- 0 ~"
0 :J .~
0 U
~
0' Hf~U
"
1210BI00 FR{~6:1B FAX 717 240 6573
"
-
~. ~
CUMB CO PROTHONOTARY
.
141001
***************************
*** MULTI TN REPORT ***
***************************
TXIRX NO
INCOMPLETE TX/RX
TRANSACTION OK
2334
ERROR
[ 01] 9p2405331
[ 03]9p243B026
[ 04]92490779
CENTRAL PROCESS
LEGAL SERVICES
PSP
.
OFF1CE OF '!HE PFlorHCNOTARY
CUMBERLAND <XX1NTY a:x.m'mCUSE
.
ONE: caJR'll-IaJSF.: SJUARE
CARLISLE. PA. 17013-3387
(717) 240-6195
FAX ~:
psP
LS .J .
Cefl.{(tJl IrD(:~S5(f1J
q-cl4o- 0331
FAX (717) 240-6573
V I ATE LEe 0 PIE R
TO;
f'R(M ;
CURTIS R. LONG
RE; :P FA Ord..-eV'5
MESSAGE:
~ 00. OF PAGES (INCLUDING COVER SHEET)
-----. -----
This ~ :is mta'drl cnly fur I;te Ui1e of tIE .irrli.vid.al ell:: altity lJ:> I<hid1 is is ori'I, : l,.ro'ffff
ccntain inti:nmtt.im ltat is JXiv:i.l.el:Frl. a:nfid€lltial arl exBllX fron rli<,-lC"l1re vm- WH.......1p W. If
tl"E rert:o:- of this ~ is rot tis inte'rl3:J reejpimt, joO.I ore tecEty rotifiOO tl13t a1f (!igsaniretu::n,
dist:riWticn {](' a:pfirg of this C011lU1iciltjm 18 s1J:ittly pmibitHl. If}OJ tave re;::ei-w lJ~LS
. .... ,- ~ ~,"""""......., fv . A ilTll'fi1iateJ.y ~ t:elBP">:m a'li return tle adgin:llll '"'J? In U5 <It
J
, ,
_'l,
r ~',
/
ANNE ELIZABETII PERAGINE,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
v.
: PENNSYLVANIA
: Civil Action - Law
GERALD ANDREW PERAGINE,
Defendant
: No. 00-8509
: Protection From Abuse
FINAL ORDER OF COURT
Defendant's Name is: GERALD ANDREW PERAGINE
Defendant's Date of Birth is: May 10, 1956
Defendant's Social Security Number is: 113-46-2114
Name(s) of All protected persons, including Plaintiff and minor children:
1. ANNE ELIZABETH PERAGINE
AND NOW, thist'~ay of February, 2001 the court having jurisdiction over the
parties and the s~(ect-matter, it is ORDERED, ADJUDGED and DECREED as
follows:
Plaintiff, Anne Elizabeth Peragine, is represented by Joan Carey of MidPelUl Legal
Services; Defendant, Gerald Andrew Peragine, is represented by Michael J. Kane of
Kane and Mackin, LLP.
Defendant does not admit any of the allegations made in the Petition and the Court
makes no findings of fact with respect thereto.
Plaintiff's request for a final protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected
person in any place where they might be found.
~~~-
~~
. ,I.
~i"
2. Defendant is completely evicted and excluded from the residence at:
16 East Gate Drive
Camp HiII,PA 17011
or any other residence where Plaintiff or any other person protected under this
Order may live. Exclusive possession of the residence is granted to Plaintiff.
Defendant shall have no right or privilege to enter or be present on the premises of
Plaintiff or any other person protected under this Order.
3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from
having ANY CONTACT with the Plaintiff, or any other person protected under this
Order, at any location, including but not limited to any contact at Plaintiffs school,
business, or place of employement. Defendant is specifically ordered to stay away
from the following locations for the duration of this order.
Plaintiff's current residence (listed above) or any place where she may stay
during the term of this Order.
Plaintiff's current place of employment or any other place where she may be
employed during the term of this Order:
The Iron Kettle Restaurant
2050 State Road
Camp HiD, P A 17011
Defendant's telephone contact with Plaintiff at her residence for the limited
purpose of communicating information reglft'dtng the parties' minor children
and custody arrangements, and telephone contact with the children sha:ll not
be construed as a violation of the Order.
During transfer of custody Defendant shan park at the curb in front of
Plaintiff's residence and remain in his vehicle at an times during transfers.
4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the
Plaintifl; or any other person protected under this Order, by telephone or by any
other means, including through third persons.
5. Custody of the following minor children:
1. SARA ELIZABETH PERAGINE
2. REBECCA DIANE PERAGINE
3. MASON ANDREW PERAGINE
shall be as follows:
. Pending further Order of Court, custody shall be as follows:
The parties shall share legal custody ofthe children.
Plaintiff shall have primary physical custody of the children.
Defendant shall have partial cnstody ofthe children as set
forth in the schedule in the attached Custody Order.
6. The following additional relief is granted as authorized by ~6108 of the Act:
Defendant is prohibited from contacting and/or harassing Plaintiff's relatives.
Defendant is enjoined from damaging or destroying any property
jointly owned by the parties or owned solely by Plaintiff.
Defendant shall have the right to enter Plaintiff's residence at a mutually
agreed upon time which shall be arranged through the parties' attorneys for
the limited purpose of making a list of his personal property and conditioned
on his being accompanied by a constable or police officer. Defendant's
attorney shall give the list to Plaintiff's attorney and the attorneys shall
arrange a time for a third party to retrieve the mutually agreed upon property.
Court costs and fees are waived.
7. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
HAMPDEN TOWNSHIP POLICE DEPARTMENT
LOWER ALLEN TOWNSHIP POLICE DEPARTMENT
8. THIS ORDER SUPERSEDES:
1. ANY PRIOR PF A ORDER
2. ANY PRIOR ORDER RELATING TO CHll-D CUSTODY
9. All provisions of this order shall expire on: August 9, 2002
Ii- ,- '- ~~ ""--'"'-
J
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WIDCR IS PUNISHABLE BY
A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX
MONTHS, 23PAC.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO
PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA
CRIMES CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT
OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE
COMM:ONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST
WOMEN ACT, 18 US.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE
AND INTENTIONALLY VIOLATE TillS ORDER, YOU MAY BE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 US.C ~~2261-
2262. IF THE BRADY INDICATOR P ARAGRAPR APPEARS IN THE ORDER,
YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES
UNDER THE "BRADY" PROVISIONS OF THE GUN CONIROL ACT, 18 US.C.
~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR
AMMUNITION.
NOTICE TO LAW .ENFORCEMENT OFFICIALS
The police who have jurisdiction over the plaintiffs residence OR any location where a
violation of this order occurs OR where the defendant may be located, shall enforce
this order. An arrest for violation of Paragraphs 1 through 5 of this order may be
without warrant, based soley on probable cause, whether or not the violation is
committed in the presence of the police. 23 Pa.C.S. ~6113.
Subsequent to arrest, the police officer shall seize all weapons used or threatened to be
used during the violation of the protection order or during prior incidents of abuse.
The shall maintain possession of the weapons until further order of this Court.
When the defendant is placed under arrest for violation of this order, the defendant
shall be taken to the appropriate authority or authorities before whom defendant is to
be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed
and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are
not required to file the complaint.
If sufficient grounds for violation of this order are alleged, the defendant shall be
arraigned, bond set and both parties given notice of the date of the hearing.
: ,I"
liIIiillllIlL ~'~1liI;-~,.,
~ili.*,,'-- ~ t!lill~~' ~
"
,'I\;WI#;,
j
Judge
o Carey, Attorney fi
MidPenn Legal Servic
8 Irvine Row, Carlisle, P A 17013
(7170 243-9400
Michael J. Kane, ey for Defendant
Kane and Mackin, LLP
3300 Trindle Road, Camp Hill, PA 17011
(71e;:oo~
() /)-/5-0 J
RKs
rO-)(ed. 1:0 psP- c.P- LS
r<\a:\LecL to P5 P
Q a - 1,5 . (j I
'"RXS
,
JJ
"!",,y,~=
-,"- \;."
c.;:'
(] I r,' ~.~._ r.,~~,; Ill,' ('", ""'-
, - :J Hl'1 0: :i 0
Ci ,,"'/;'"'['."'" , "''''J! '.'
v ~"..J ..1 .U'\, I;), \! rv
p:..;l\lr\f\""-'VL' \1/l~::7 ~ ",
l- Ii)\,. 1 'i"\j\;i}-\'
'__~=w'~ '>'" -"
0' -, ", ."~,, 'IMii
";" ,.l,~, .!f~[.l~J;Mffl'::l~I~F-;f~!'lllilf?"r~li!rlli~
L;,~ '>'~ JHm,-~R~'R~~~A"'$;~'1"i""H""i<jf,;)':i!'Of}.''''f1D!'it'1'~l'B-Wl~~~~,",,:'~>~ ~ ,
r,11r
~:-~~' ",'
"- -"
-tr~
ANNE ELIZABETH PERAGINE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-8509 CIVIL TERM
GERALD ANDREW PERAGINE,
Defendant
: PROTECTION FROM ABUSE
CUSTODY ORDER
AND NOW, this
day of February, 2001, pending further Order of Court, the following
Order is entered by consent of the parties with regard to custody of the parties' children, Sarah
Elizabeth Peragine, Rebecca Diane Peragine, and Mason Andrew Peragine:
1. Plaintrrt: hereinafter referred to as the mother, and Defendant, hereinafter referred to
as the father, shall share legal custody of the children.
2. The mother shall have primary physical custody of the children.
3. The father shall have partial custody of the children on alternating weekends from
Friday at 6:00 p.m. until Sunday at 6:00 p.m. (commencing February 16, 2001), each Tuesday from
5:00 p.m. until 8:00 p.m., and at other times mutually agreed upon by the parties.
4. By mutual agreement of the parties, the father may take the children to church services
with 24-hour advance notice to the mother.
5. The father shall provide transportation during transfers of custody.
6. The father shall be pennitted to telephone the mother's residence daily between the
hours of3:30 p.m. and 6:30 p.m. on weekdays and between the hours of 10 a.m. and 6:00 p.m. on
non-custodial weekends for the limited purpose of speaking with the children.
7. The parties shall notifY each other immediately of any change of address or telephone
number.
8. The mother lfd father, by mutual agreement, may vary from this schedule at anytime.
This Order shall remain ~ ~ect until further Order of Court.
,_"""'",,,~.,,~,,,,,,,,, ~ 0 ~~
:.
..
~ I
_', ^_".' l'
r. '_~
~~",-
9. The mother and father agree that each shall notify the other immediately of medical
emergencies which arise while the children are in that parent's care.
10. Neither party shall do anything which may estrange the children from the other parent,
or injure the opinion of the children as to the other parent or which may hamper the free and natural
development ofthe children's love or respect for the other parent.
By the Court,
This Order is entered pursuant to the consent of Plaintiff and Defen
/
an Carey, Attorney fo laintiff
MidPenn Legal Servic
8 Irvine Row, Carlisle, P A 17013
(717) 243-9400
Gerald Andrew agine, Defendant
\U- ~cJJ ~ff-
Michael J. Kani: u ey for Defendant
Kane and Mackin, LLP
3300 Toodle Road, Camp Hill, P A 170 II
(711)214-3700 ~
_~ D'
t<< O'):~
"
()~ ,'1."
r J Fr"'...
G 1, :,b
-"
;,:'1
"
!JT/\RY
.) i\H 3: ;i[l
01 !" !,~,:,> /'''~')I Ii f"r\l
......vh."J'-,.; "_.-',-'--,'l\l j
PENi <SYCv'/\NiA
~
;. _~:P1:fIj~'~~,*I$~!Ji
F~ ~_,
,,__, <~, 'rl '~V~'~ ,~~
"' _w.,.' "_
J
~J
,
\\..
"1
~
j
..... 01.
-<.
It
K)
~ ~18!~~,__,." e-_', "' ""', Ifl~'\"m:>'f"&'$i~;~j\"::Jl~I~"~~'~~i"~~~,-,~,~~~~,~ij~~~~''lfh\j!f~~]1' , '; '"
---"'--<-
02/15/01 :nu 11:49 FAX 717 240 6573
- ""~ '~ .
CUMB CO PROTHONOTARY
I ~
-
wL......"-~,"~ ~ liL'"-"",..~""",""
@001
***************************
*** MULTI TN REPORT ***
***************************
. ."
TX/RX NO
INCOMPLETE TX/RX
TRANSACTION OK
2462
ERROR
[ 01]9p2405331
[ 03]9p2438026
[ 04]92490779
CENTRAL PROCESS
LEGAL SERVICES
PSP
I
--------.- --. --.-.-- ----.-.
,
OFFICE OF nIE PRarHONOI'ARY
CUMBERLAND c:nJNTi:' COUR'l'HOOSE
ONE CCXJRTHOOSE 9':!UARE
CARLISLE, PA. 17013-3387
(717) 240-6195
FAX (717) 240-6573
TO:
LS
(e.n!:... Pe.OCe$.5.
PI'. STATE POLICE
V I ATE LEe 0 PIE R
FI\X ":
717-249-0779
FRCM:
CURTIS R. LONG
RE:
PFA ORDERS
MESSAGE;:
/,;1-.
11/1-'11/I.- NO. OF PAGES (INCLUDING OJI/ER SHEET)
This ~ is il,l.eIdod ally fir tte U3e of ttE irrlividl..Bl. ex entity tu \otrich is is cdh.: :n, in! lfflf
a::n1L\jn infurm'Iti.c:tl tl1:It is p:ivilegrl, rmf:iOOnt:ial ,nf ecB1l;t fu:m ct;OC1/"6l1rB umr 'TI'1 ;n:hle w. rf
tJ-e rre:ler- of this ~ is rot; tJ -e intenh1 ra;.ip.i.e\"Jt. }IOU are terety roti.fiErl !tat ffij dis:;Em.ireb01.
..,;........;"...,rT1 flr anrinq of this CD1llU1.icatlcn i!; str:i.ctly pxhib;i.ta:l. If jOl I'"lM; r;;a;-.iwd ttus
.. --....:l .........+........ t-t'll:ll .'"1f'""'imMl fJ~ to lS al
..