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Home My WebLink About01-3269GERALD A. PERAGINE, : In the Court of Common Pleas of Plaintiff : : CUMBERLAND County, : : PENNSYLVANIA V. : : Civil Action - Law : : CUSTODY : ANN E. PERAGINE, : NO. ol- 3 a&~ Defendant COMPLAINT FOR CUSTODY 1. Plaintiffis Gerald A. Peragine, residing at 6280 Carlisle Pike, # 307, Mechanicsburg, Pennsylvania ! 7055. 2. Defendant is Ann E. Peragine, residing at 16 East Gate Drive, Camp Hill, Pennsylvania 17011. 3. Plaintiffseeks custody of the following minors: Sara Elizabeth Peragine, who was born on November 18, 1986. Rebecca Diane Peragine, who was born on January 13, 1989. Mason Andrew Peragine, who was born on October 1, 1990. The children were not born out of wedlock. The children are presently in the custody of Ann E. Peragine, who resides at 16 East Gate Drive, Camp Hill, Pennsylvania 17011. During the past five years the children have resided, collectively, with the following persons and at the following addresses: (a) With defendant, at 16 East Gate Drive, Camp Hill, Pennsylvania 17011 from November 21, 2000 until present. (b) With plaintiffand defendant, at 16 East Gate Drive, Camp Hill, Pennsylvania, from June 1997 until November 21, 2000. (e) With plaintiff and defendant at 10325 SW 119th Street, Miami. Florida 33176 from 1993 until June 1997. The mother of the children is Ann E. Peragine, residing at 16 East Gate Drive, Camp Hill, Pennsylvania 17011. She is married to the Plaintiff, Gerald A. Peragine, but is separated. The father of the children is Gerald A. Peragine, residing at 6280 Carlisle Pike, # 307, Mechanicsburg, PA 17055. He is married to the Defendant, Ann E. Peragine, but is separated. 4. The relationship of the Plaintiff to the children is that of father. Plaintiff currently resides with the following persons: Name Relationship Dianna Peragine Mother Joseph Peragine Brother 5. The relationship of the Defendant to the children is that of mother. Defendant currently resides with the children, described above, whom Plaintiffseeks custody of. 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of these aforementioned children in the following action: In The Court of Common Pleas of Cumberland County, Pennsylvania No. 00-8509 Civil Term Protection From Abuse Said case was negotiated by respective counsels of both Plaintiff and Defendant, without findings of fact stipulated; custody of aforementioned children was awarded to the Defendant pending further court order. This Complaint represents Plaintiff's endeavor to secure further court order. Other than the proceeding mentioned above, Plaintiff has no information of a custody proceeding concerning these children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) Defendant suffers a chronic and ongoing addiction to alcohol, which, over the years, has manifested itself in (among other things) blackouts, promiscuity, dereliction of family, car wrecks, and a recent DUI arrest in Pennsylvania (that arrest was adjudicated with the ARD program, for which the Defendant was released from counseling by falsely asserting that she'd stopped drinking). Defendant has drinking bouts that last well into small hours of the morning; one night, on June I l, 2000 she didn't come home at all (documented in Mechanicsburg Police department Incident ii 2000 06 000142). Despite her affliction, she chooses to work in a bar; the predictable results have ensued. Since her separation from the Plaintiff, which she secured by filing for and securing a Protection From Abuse order, there have been several examples (which the Plaintiff can document, through police and private investigator reports) of the Defendant drinking in bars while her children were home alone late at night. Defendant regularly drives while intoxicated despite her knowledge that a second DUI conviction results in a 30-day jail sentence. The Plaintiffhas urged the Defendant to seek out treatment; although she has done so several years ago, she '- to do so' a is ~able or ~u~. ;. ~he pl~ntnt ~ '~' ~.r. ndant twemy ~. ~ld~n surfer, {~sult, ~om n~ ' worse ~a~, 1995 the pla~uti~ ' · In ~eb ine, ~nk and ..... ,~ .o~ard for propr~' =~. ~olher, lames pera~ (b) Det~nu~ . - Defen~nt ann -, · chil~n in the ~ce~tlY, since the separation of the plaintiff ~d ~e Defendant, plaintiff ~n a c~al ~mbraCe, a the plamU~S home, w~th the eral amoral~ (hay{ne ~quested of the Defendant that the Plainti~s b~ther, who is cu~entiy ~ ..,~ su~s f~m ~ .... r ~ nileS), not be unemploye, d.: ~veral ~mages ~ .... ed to this out, been tue ~ ,.._. wo~ anoa~ntty s~,, = · · ' ' chil~ to he ~o the plamUff about the s~maUOn plainti~ s ~mv, ..... ~- c Defendant displays Deen~ut has urged l~ ... ,,,~ton lack of ~s~? l~.~.ec VOWS or t~aed the ~c unseemliness of tm? t~:~;er s~raycd kom ms u~,,,-= · · to his ~ards th~ plainti~, who ~l~/JjPj22~reates ~ unhealthy ~vironmem "' '" a dysfunciional relaionship with the r~al world. For instance, she , · ~ fha expi~d a yea and a ~lf Defender ~s ..... ;~suectiou suck .... :- ~ones of avoiding automobile . -.:- ~.cause ~here is of the si~aUon. no explanation lot uu~, ~* for ihe children, who a~ aware poor and unhealthy example Power of ARomeY duties for Another example concerns the Defen~nt's co~eCted with that power mother's affai~ (h~ moth~ is in a local nursing home); ~ far as the plaintiff can see, eve~ imaginable fiducia~ responsibilitY violated e~eg}ously and repeatedly. Defendant does not provide proper adeq~te supe~ision for ~e chil~n. Despite Plainti~s objeCtiOn, on Novemb~ 5, 2000, to the Defendant's choice of (d) . . , to be home from ~., ~ PM to coo~, "~ r - *~ffi alloWS lo~ ~ection From Abuse oroer U,~v~ing have been ~supe~ised until on Tuesday evenings, all other PM, but almosl always lat~, Defendant a~ives home (ostensibly a ~:30unable to cook no~ishing meals a~ sometimes much lae0. ~ chil~en a~ ~e prep~d in ~vance by lhe Defendant ~or them. ~e children are meals enough to ~ on their own for these box' s shown no inclination to hi~ a sitter or in lhe Plainti~s estimaion, ~mre he children unsupe~ised each Defiant ha · - une, will ~e t. ~. e at night · } nin~ m ~arly I nt amves horn · which, beg n .. vet the Defen~ .... 10 ea~ old) ( ,_,_ ~ ~ ~ unul whene ..,,.~ ~he Ftamll~s sob ( Y lOb 8pM7 ... ~" ...... on the phone, to the Plaintiff about there being "no adult around". (e) The Plaintiffis concerned and involved with his children and their welfare. A good example of this is that the Plaintiff's son's school contacted the Plaintiffat his office two months ago to request supervision and help with the Plaintiff's son's schoolwork and school behavior. Notes home weren't being retunted, the Plaintiff's son seemed hyperactive and uninterested in his studies. The school and the Plaintiff made arrangements where, on the Tuesday nights when he is permitted to see his children for a few hours, an envelope is delivered from the Plaintiff's son with progress reports and assignments pending from each of the teachers. Working with him, the Plaintiff's son has developed better study habits and raised his grades appreciably. Recently, the Plaintiffattended a "Career Day" at his daughter's school to discuss what being a stockbroker is all about. On other fronts, the Plaintiff, despite the severe curtailment on his contact with his children due to the double-pronged burden of the Protection From Abuse order and the financial hardship resulting from a contested Domestic Relations support payment, has enjoyed playing basketball and tennis with his children, has taken them to religious services (not often enough, but more than the zero times that the Defendant has done so), has taken them to the library, driven them back and forth to school and community activities, prepared a homemade lasagna for his daughter's Ethnic Foods day at school, etc. (f) The Plaintiffwould, if awarded custody, insist that the children receive daily supervision during hours when he's working. The Plaintiff's mother can help to do that to some degree, but the Plaintiffwould certainly be prepaid to hire someone to help. The Plaintiffwould, certainly, be able to improve on the hours spent daily with a parent, as the Plaintiff's workday ends at 4:30PM, the Plaintiff is not an alcoholic or a "night person", the Plaintiff's chief earthly concern in this world is that the children be afforded something resembling a normal environment in which to grow. The Plaintiff, if awarded custody, would promote continued relations between the Defendant and the children, as thc Plaintiff does not wish to see thc children estranged from their mother. The Plaintiff acknowledges that, at the moment, he does not possess an adequate housing facility for his children; he asks the court to repatriate him to the home at 16 East Gate Drive in Camp Hill, where he has paid either rent or support payments since 1997. If the Court demurs in that regard, the Plaintiffasks the Court to award custody to the Plaintiff, with such custody to take effect upon the acquisition of suitable housing. WHEREFORE, Plaintiff requests the Court to grant custody of the children to Plaintiff with reasonable rights of partial custody to Defendant. 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., rel__ating to unsworn falsification to authorities. Pla'mtit~ GERALD A. P~RAGINE, : IN THE OCURT O~ OC~ PLEAS OF Plaintiff : CU~B~ COUNTY, pE~qSYLVANIA : vs. : NO. 01-3269 CIVIL T~4 ANN E. PERAGINEs : CIVIL ACTIC~ - LAW Defendant : IN OJSTOOY consideratt~ of the attached Custody Conc~lxat~on Report, it is ordered amd directed as follows: 1. A Hearin~ is scheduled in Co_ur.t_~oom #, ~_~ of the ~ at ~ ~f] o'clock, ,~ .m., at ~hich t~me ~es~xmony. taken. Fo~ purposes of this Hearxng, the Father, Gerald A. ag be deemed to be the moving party and shall p~oceed testimony. Counsel for the parties or ~he parties P~o Se shall file with t~ Court and opposing counsel a Memorandum setting forth each party's positiom on custo~, a list witnesses who are expected to testify at the Hearimg, and a summary of the anticipated testimony of each witness. ~hese Memoramda shall be filed at least ten (10) days ~fo~ to the Searing date. 2. The p~ior O~der of this Court dated February 8, 2001 shall continue in effect. 3. Pending further Order of Court o~ agreement of the parties, all exch~ee of custody under the February 8, 2001 Order shall take place at the curb two (2) doo~s down from the Mother's residence. / Jan Ter~enin~, and Philip Briganti, Esquire - Counsel fo~ Mother Gerald A. Peragine, Father GERALD A. p~AGINEv : IN T~E O0~RT OF ~ PLEAS Plaintiff : CUMBERLAND COt%~"/v p~SYLVANIA : vs. : NO. 01-3269 CIVI~. TE~M : A~ E. PERAGINE~ : CI¥In ACTI~ - LAW Defendant : IN ~JSTOOY IN AO00SD~I~CE #-=~ ~ ~ 1915.3-8, the ~dersigned Custody ~cilia~ ~ts ~e fo11~i~ 1. ~m ~i~nt i~o~ti~ ~i~ t~ ~il~ ~ ~ ~e s~j~s of ~is litigation is ~ follY: ~ra Eliz~ ~r~ N~r 18, 1986 ~er ~ Di~e ~r~e J~ 13, 1989 M~er M~ ~ ~ragi~ ~t~r 1, 19~ 2. A ~iliati~ ~fe~ w~ held ~ J~y 2, 2~1, fo11~i~ ~ivi~ls in atte~: ~rald A. ~ragi~, ~sent~ ~ ~1, ~ ~ ~, ~ Eliz~ Per~i~, wi~ ~is ~ ~i~ly enter~ a se~ate ~tter ~ ~ 8, ~1 ~ ~nt of ~e ~ies at ~e ent~ of a ~ti~ ~er. ~ ~ ~t~ ~er, ~ken~ ~ e~ ~Y eveni~. ~ ~t~ti~ ex--es of ~t~ ~ ~ ~e ~a~ at MoOr's ~n~, d~i~ ~ the Father w~ ~ ~in ~n his v~icle. ~e ~er fil~ ~is ~titi~ f~ ~fi~ti~ ~nciliati~ C~fe~n~ ~ s~l~, ~e Fa~ fil~ a ~ti~ r~esti~ valLmhle t~ in a ~cil~at~ ~s ~ to fail~ ~ exit cir~t~s." ~e ~ciliat~ w~ d~t~ ~ t~ ~ ~nistrat~'s ~f~ to ~ wi~ ~e ~ciliati~ ~nfe~nce. ~te~st~ in att~ti~ to ~1~ ~e ~t~ issues at ~e ~ciliati~ ~ suff~ci~t a~tlo~.._a~y~..T~JL~-i~. ~ ~s sufficient .... z ,- .~ ~ .~ his ~le ~ ~ ~ke~ ~ ~e ~er i~i~t~ ~i~ ~ Father feels .is n~lll~ ~ ~m[._~..L ..... ~,k*f~ ~t he ~ld ~zde ~ld ~ ~le ~ ~y f~ ~e full ........ ,- ~-~ion ~ ........ ~" ~e ~*~ ~nts wi~ her d~tly at all ~ ~n~us~ ~ m ~t~ issues. ~e ~er ~iie~ .~ ~k= ~e~ ~s ~ ~t~ exclusive ~=-~,, .R __ e~l~ti~ ~t is ~ ~le to ~tri~te fi~c~ally. Dawn S. Stmday, gsqu [~te J ~ Custody Conciliator GERALD A. PERAGINE, : In the Court of Common Pleas of Plaintiff : : CUMBERLAND County, : : PENNSYLVANIA V. : : Civil Action - Law : : CUSTODY : ANN E. PERAGINE, : NO. 01-3269 Defendant MOTION FOR HEARING AND NOW, Plaintiff in the above captioned case moves the Court for a Hearing, as per Pennsylvania Rule of Civil Procedure 1915.4-1. Plaintiffasks the Court to recognize that, as per this Rule, "serious allegations affecting the children's welfare" were enumerated in the Complaint itself. Plaintiffalso notes that new information has come to light since the original filing of the Complaint. Plaintiff maintains that the children's interests are jeopardized by spending valuable time in a conciliation process doomed to failure by extant circumstances. Plaintiffasks that the Court Order issued on June 1, 2001 directing the parties to appear for a Pre-Hearing Custody Conference be vacated, and that a Hearing be scheduled as quickly as possible. Respectfully submitted, / GERALD A. PERAGINE : IN THE COURT OF COMMON PLEAS OF PLAINTII--I.' : CUMBERLAND COUNTY. PENNSYLVANIA V. ANN E. PERAGINE : 01-3:169 CIVIL ACTION LAW DEFENDANT IN CUSTODY AND NOW, Friday, June 01, 2001 , upon consideration of the attached Complaint, it is hereby di~cted that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechaniesburg, PA 17055 on Monday, July 02, 2001 at 11:30 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 enlry 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 Da,wn S. S#nday. Esq. ~ Custody Conciliator l_l · 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 ATFORNEY 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. Permsylvania 17013 Telephone (717) 249-3166 GERALD A. PERAGINE, : In the Court of Common Pleas of Plaintiff : : CUMBERLAND County, : : PENNSYLVANIA V. .. : Civil Action - Law : : CUSTODY : ANN E. PERAGINE, : NO. 01-3269 Defendant CERTIFICATE OF SERVICE COMPLAINT FOR CUSTODY I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding in accordance with the requirements of I Pa. Code 33.32. Dated this 30th Day of May, 2001. /~ · Gerald ~.~[L"figine -- Plaintiff GERALD A. PERAGINE, : In the Court of Common Pleas of Plaintiff : : CUMBERLAND County, : : PENNSYLVANIA V. : : Civil Action - Law : : CUSTODY : ANN E. PERAGINE, : NO. 01-3269 Defendant STIPULATION OF CUSTODY MODIFICATION AND NOW, Gerald A. Peragine and Ann E. Peragine, the parties in the above captioned case do hereby agree that their children (Sara, Rebecca, and Mason Peragine) shall be in the joint physical and legal custody of their natural Parents, and it is further AGREED that the parties of this agreement will alternate physical custody of the children on a weekly basis, while remaining flexible to accommodate unforeseen circumstances and it is further AGREED that the parties ofthis agreement shall alternate custody ofthe children on each of the children's birthdays, New Year's Day, Fourth of July, Thanksgiving Day, and Easter Sunday, and it is further AGREED that the parties of the agreement split custody of the children on Christmas Day, and it is further AGREED that the natural mother shall have coatody of the children on Mother's Day and on the mother's birthday and that the natural father shall have custody of the children on Father's Day and on the father's birthday, and it is further AGREED that the non-residential parent shall have the right to complete information from any physician, dentist, consultant or specialist attending to the children's physical or mental needs for any reason whatsoever, and to copies of any ~ports given to the other parent by such persons and it is further AGREED that the parties of the agreement will consult with one another on all important school issues and events to jointly decide on changes of school curriculum, extracurricular activities and participation in special school events and is further AGREED that the non-residential parent shall have the fight to freely communicate with the children via telephone, written correspondence, or computer technology without interference from the residential parent, and it is further AGREED that neither party shall do or say anything that may estrange the children fi'om the other parent, and it is further AGREED that both parties ofthis agreement shall bear in mind that the children were borne of Love and Hope, and shall be held in that lofty Ideal until Death our bones with dust shall cover. ~ Gerald.~. Peragine S,ub/~?bedandswom~befo~-~etbis /~dayof ~?U.~'/- tary Public My commission expires: AUG 2 0 ~00~ GERALD A. ?EPJkG]"NE, : ~n the Court of Common ?leas Plaintiff : : CUMBERLAND County, : PENNSYLVANIA V. : Civil Action - Law : : CUSTODY : ANN E. PERAGrNE, : NO. 01-3269 Defendant ORDER OF COURT AND NOW, this ~__~day of ~,, 2001, upon consideration of the attached Stipulation of Custody Modification, the Court finds the above-captioned parties to have reached an agreement for Joint Custody of their natural children. ANNE ELIZABETH PERAGINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 01-3269 CIVIL TER/Vl GERALD ANDREW PERAGI2VE, : Defendant : CUSTODY ORDER FOR LEAVE TO WITI-ff}RAW APPEARANCE AND NOW, this ~day of OeJ.,~/h , 2001, upon consideration of the attached Petition to Withdraw as Counsel, it is hereby ordered that MidPenn Legal Services may withdraw its appearance as Plaintiff's counsel of record in the above captioned case. Edward E. Guido, Judge .. ~ Joan Carey ~.~~t~~~ David A. Lopez Attorneys for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 Gerald Andrew Peragine, Defendant pro se 6280 Carlisle P/kc, Lot 307 Mechanicsburg, PA 17055 ANNE ELIZABETH PERAOINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 01-3269 CIVIL TERM GERALD ANDREW PERAGINE, : Defendant : CUSTODY PETITION TO ' C~ -" ,, "r.: f-!~ -'-~ WITHDRAW AS COUNSEL '-' The Plaintiff, Anne Elizabeth Peragine, by and through her attorneys, Joan ~:..~.~.. and David' A. Lopez of MidPerm Legal Services, moves the Court for an Order to Withdraw ~Co .ul~,sel 6n the grounds that: 1. MidPeun Legal Services is co-n~el of record for Plaintiff, Anne Elizabeth Peragine, in the above captioned matter. 2. Plalntiffis over the income guidelines, and is therefore ineligible for representation in this matter by MidPerm Legal Services. On July 23, 2001, Plalntiffsigued the attached statement authorizing MidPenn Legal Services to withdraw as her counsel. 3. The parties submitted a signed and notarized Stipulation of Custody Modification to the Courtpro se, and an Order of Court was entered on August 20, 2001. 4. The custody hearing schcduled for Friday, August 31, 2001, at 9:30 a.m. before Judge Edward E. Guido in Courtroom No. 5 was cancelled. WHEREFORE, Plaintiff requests that the Court grant this Petition and authorize MidPann Legal Services to withdraw as Plaintiffs counsel of record in this matter. Respectfully submitted, ~avid A. Lopez 'o // Attorneys for Plaintiff ~ MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Legal Services 8 Irvine Row, Carl~le, PA 17013 Phone 717-243-9400 1-800-822-5288 FAX 717-243-8026 I, Anne Elizabeth Peragine, understand that I nm over the income guidelines and no longer eligible for services/representation by MidPenn Legal Services due to my income and the support I receive for my children. I hereby release MidPenn Legal Services from representing me in this case (Perlrgine v. Peragine, Cumberland County, No. 01-3269, Custody), and authorize MidPenn Legal Services to withdraw as co~]nr~d on my behalf. Date: ~--~~ ~--g-'~..- ~.. _/~,/L~L_/~J A~ne Elizabeth Perag/ne d - " i LSC