Petition for a rule to show cause

by | Nov 27, 2021 | Samples legal papers

VIRGINIA:

IN THE CIRCUIT COURT OF FAIRFAX COUNTY

 

CAROL R. PEROS )

Plaintiff/Counter-Defendant, )

  1. ) Case No:   2017-10317

)

MICHAEL P. PEROS )

Defendant/Counterclaimant. )

 

SERVE TO: Michael P. Peros

 

VERIFIED PETITION FOR RULE TO SHOW CAUSE

 

  1. COMES NOW the Plaintiff, CAROL R. PEROS (“Ms. Peros”) and petitions this Honorable Court for issuance of a Rule to Show Cause under Va. Code Section 8.01-274.1 directing Defendant, MICHAEL P. PEROS (“Mr. Peros”), to appear before this Court and show cause, if he can, why he should not be held in contempt for his failure to comply with Orders of this Court entered on July 24, 2018, June 28, 2019, July 12, 2019, September 27, 2019, and October 11, 2019.  As grounds, therefore, Ms Peros, after being first duly sworn, states as follows:

 

  1. This Petition represents a supplement to the Plaintiff’s third Petition, which was submitted on May 09, 2020.  Four (4) previous related Verified Petitions for a Rule to Show Cause and Orders directing Defendant to appear before this Court were issued on November 14, 2019, January 10, 2020, February 07, 2020, and May 19, 2020.  Soon after that, on May 19, 2020, this Court ordered the Defendant to appear on July 24, 2020.  The comprehensive previous third Petition, with additional further detail, is attached as Exhibit A:

 

  1. Defendant received the Order of May 19, 2020, through both his Virginia and Florida attorneys.  Further, the Order was registered by Plaintiff as an Exhibit for one of the four (4) harassing “Emergency” Motions that Defendant maliciously filed in Florida in his persistent attempts to weaponize Florida courts against the Plaintiff.

 

  1. The Defendant fully acknowledged his knowledge of the July 24, 2020 hearing when on July 22, 2020, just two days prior, Megan Montgomery, one of the now twenty-two (22) separate attorneys Defendant has engaged for this case, indicated that she would not be attending on behalf of Defendant, “nor does Mr. Peros plan to attend since he was not properly served.”  When his address was requested to facilitate being “properly served,” Megan Montgomery refused by falsely alleging that “Mr. Peros does not have a permanent address.”

 

  1. Count 1: 

 

The Defendant remains in Contempt of the Order entered July 12, 2019, by Judge Kassabian relating to his invalidation of a transferable deed for the former marital residence.  

 

The Order required the Defendant to “execute any documents presented to him by counsel for the Plaintiff to transfer his interest in the marital residence…”  

 

  1. Since then, Plaintiff’s counsel has presented a deed twice to transfer said interest.  On the first deed, Defendant crossed-out text on the document, which rendered the deed defective.  On the second deed, Defendant failed to provide two (2) witnesses to his signature, rendering this second deed likewise invalid.  Later, on October 17, 2019, Plaintiff’s counsel again presented the deed to the Defendant’s counsel.  However, no properly executed deed has yet been received from Defendant.

 

  1. Count 2.

 

The Defendant remains in Contempt of Orders by this Court entered July 24, 2018, June 28, 2019, September 27, 2019, and October 11, 2019, relating to his refusal to provide a valid service address.  

 

In the Order entered September 27, 2019, the Defendant was required to file a change of address with the Court by October 04, 2019.  

 

  1. In the Order entered October 11, 2019, by Judge Kassabian, Defendant stated his address as “721 US Hwy 415, Inverness, Florida 34430.”  However, in later Florida hearings, Defendant indicated that this address was not correct.  Additionally, multiple mailings to that address were returned as undeliverable.  Additional Orders of this Court directing Defendant to provide and maintain a valid address were entered on July 24, 2018, by Judge Kassabian and on June 28, 2019.

 

  1.  Count 3.

 

The Defendant remains in Contempt of the Final Order of Divorce entered July 24, 2018, by Judge Kassabian relating to his failure to pay nearly any Spousal Support.  

 

The Defendant was ordered to reimburse Plaintiff $3,200.00 as monthly Spousal Support in the Final Order of Divorce.  

 

  1. Defendant has flagrantly refused to pay a single month of his monthly obligation.  He adamantly refused to pay, even though the ordered amount a mere 4.14% of the average monthly revenue of her family businesses that she led as President and Chief Executive Officer before being forced out by Defendant.  Resulting arrearages based on this minimal Spousal Support have climbed to $98,405.37.

 

  1. Defendant’s brazen defiance is acutely egregious in that he has continued exclusive operation and control of the lucrative thirty-three (33) year old portfolio of family businesses after he drove Plaintiff, the majority partner, to flee into hiding.  Each year since at least 2005, annual commercial revenue reported to the IRS averaged $927,219.67.  After the March 2017 domestic battery attack by Defendant against Plaintiff, which forced her from Florida, he blocked all her corporate income and system access.

 

  1. Defendant removed and re-registered the primary family business to Wyoming even before the Final Order of Divorce.  Newly discovered documents revealed the previous transfer to this infamous corporate haven, notorious for the country’s top secrecy laws.  Not only was this concealed during the divorce hearing and its related discovery, but this re-incorporation was further hidden from the initial discovery for the Defendant’s Motion to Modify Child Support and to Modify or Terminate Spousal Support, filed in February 2019. Additionally, related bank accounts and other requested financials were also withheld and hidden from the discovery for both the divorce and for the initial Motion to Modify.

 

  1. Count 4.

 

The Defendant remains in contempt of the Final Order of Divorce entered on July 24, 2018, by Judge Kassabian relating to the circumvention of the ordered marital property sales via destructive devaluation:  

 

  1. Defendant launched a wanton campaign to loot, vandalize, gut, strip, empty, remove, neglect, damage, dispose of, destroy, demolish, detach, discard, deface, devalue, disconnect, pilfer, plunder, and pillage her personal and real joint properties, including nearly entirely gutting both properties of all fixtures, furniture, furnishings, fans, lights, signs, annexes, or appliances. Defendant’s intentionally retributive destruction began immediately following the Final Order of Divorce.

 

  1. The Defendant stole from the Plaintiff’s fair equity share by destructively devaluing the marital properties.  Defendant’s strategy was to later restore most of the properties’ stolen value after buying-out her then depressed equity at a discount and restoring the hidden appliances, contents, or signs that he previously removed.

 

  1. Count 5.

 

The Defendant remains in contempt of the Order entered July 12, 2019, by Judge Kassabian relating to the circumvention of the ordered marital property sales through fraudulent contracts.

 

  1. Defendant defiantly and overtly sought to circumvent Orders of this Court by attempting to entrap Plaintiff unwittingly in a contemptuous colluding conspiracy involving his attempted fraudulent purchases of both marital properties.  He concocted and submitted fraudulent contracts on the marital properties in attempts to force his buy-out of the Plaintiff’s interest in the properties and to streamline his embezzlement of Plaintiff’s entitled proceeds.  In these actions, he attempted to mirror his successful evading of Orders of this Court relating to the 1968 Camaro’s forged title and embezzled proceeds.

 

  1. Defendant’s contemptuously fraudulent contracts boldly attempted to force circumvention of the Order of July 12, 2019, by Judge Kassabian, which specifically directed to “deposit net proceeds into this Court’s escrow, to be disbursed by further order of this Court.”  First, disregarding existing awards, Defendant stipulated that proceeds for each party “shall be divided equally” “50%/50%.”  Next, he demanded that he “use his share of the net proceeds of the sale to put toward the purchase of the Property at closing” and that he should “be entitled to apply his share of the net proceeds toward the payment of purchase price and closing costs” at closing.  This would have allowed him to divert his proceeds from this Court’s ordered escrow in Virginia and to prevent the deduction of offsets as ordered by Judge Kassabian.  Finally, though he planned to circumvent and avoid offsets from his equity, he audaciously stipulated a credit to his proceeds from Plaintiff’s equity at closing.
  2. Defendant filed multiple Emergency Motions in Florida against Defendant in his attempt to strong-arm, coerce, and intimidate Defendant into collusion with his circumvention scheme.  All were ultimately denied.

 

  1. Defendant falsely claimed in his Emergency Motion Hearings that no Orders of this Court were issued, and no Motions in this Court were filed, after his July 12, 2020 Contempt Hearing.

 

  1. Defendant’s attempted embezzlement scheme involving the marital real estate assets mirrors his similar successful surreptitious sale of the jointly titled Camaro, whose value exceeded $122,500.00.  The Plaintiff openly disapproved of any sale outside full compliance with the permissible processes ordered on July 24, 2018, by Judge Kassabian.  Nevertheless, Defendant flew to California to clandestinely transfer the identity theft title documents, bearing Plaintiff’s three (3) forged signatures, to a buyer in Texas in exchange for $65,325.00 in cash.  Yet, when Plaintiff uncovered this conspiracy, Defendant ironically and unfathomably retaliated by projecting vehement accusations under oath that Plaintiff instead had forged his signature.  Nevertheless, Judge Kassabian correctly ruled the transaction to be “fraudulent and illegal.”  The Court then incarcerated Defendant in Virginia for Contempt, where he remained jailed for seventy-seven (77) days, although simultaneously still under Florida “house arrest / full lockdown” and still wearing his Florida GPS ankle monitor.

  • Count 6.

 

The Defendant remains in Contempt of the Order entered July 12, 2019, by Judge Kassabian relating to the circumvention of the ordered marital property sale processes through intimidating harassment.

 

  1. Defendant threateningly harassed Plaintiff’s closing agent on May 09, 2019, following receipt of a qualified commercial property offer.  This defamation of Plaintiff involved libellous accusations falsely alleging “there is an open federal criminal Investigation for the invasion of privacy, electronic wire and mail fraud” against Plaintiff.  He then accused the title agent of an “unethical practice” and proclaimed he would “take business elsewhere.”

 

  1. Defendant further aggressively harassed the prospective buyer’s broker on multiple occasions in May 2019.

 

  1. Defendant harassed and threatened Plaintiff’s commercial property broker throughout July 2020.  Defendant sought to obstruct qualified offers on the commercial property following the rejection of his fraudulent offer.

 

  1. Count 7.

 

Defendant flagrantly defied multiple Orders by this Court relating to the previous Rule to Show Cause hearings.  These new multiple Orders are in addition to (4) earlier Contempt and Contempt Review Hearings against Defendant, which were previously heard by Judge Kassabian on February 15, 2019, March 08, 2019, June 07, 2019, and July 12, 2019.  Following those earlier ones, the recent and related set of Rule to Show Cause Hearings include:

 

  1. The Defendant was ordered by this Court to appear on January 10, 2020, to show cause why he should not be held in contempt.  Though Defendant knew the Order and the hearing, he successfully evaded personal service and failed to appear.

 

  1. The Defendant was ordered by this Court to appear on February 07, 2020, to show cause why he should not be held in contempt.  Though Defendant knew the Order and the hearing, he successfully evaded personal service and failed to appear.

 

  1. The Defendant was ordered by this Court to appear on March 20, 2020, to show cause why he should not be held in contempt.  The hearing was suspended because of COVID-19 restrictions.

 

  1. The Defendant was ordered by this Court to appear on May 19, 2020, to show cause why he should not be held in contempt.  Defendant successfully, through refusal to provide a valid address, again evaded personal service.  This forced dismissal of the May 19, 2020, Verified Petition for Rule to Show Cause (Exhibit A) at the July 24, 2020 hearing, resulting in this follow-on Verified Petition for Rule to Show Cause.

 

  1.  Count 8.

 

The Defendant was previously in Contempt of Orders entered October 11, 2019, by Judge Kassabian relating to payments of Plaintiff’s attorney fees.  

 

This is outlined in the previous third Petition (Exhibit A) and includes the Defendant’s defiant refusal to pay $5,160 “…within 30 days.” to the Plaintiff’s attorney.

 

  1. Defendant previously submitted only two, floutingly small payments: one for $20.00 and one for the ominous “number of the beast” $6.66, an unambiguous death threat against Plaintiff.

 

  1. Defendant suddenly, the day before the Rule hearing on July 24, 2020, paid the balance of this Order.  While refusing to attend, he nevertheless sought to mitigate adverse hearing outcomes.

 

  1. The Defendant attempted to evade anti-money laundering regulation triggers and prevent disclosure of his residential and asset locations by nefariously structuring untraceable payments of the over $5,000 balance via numerous low-denomination money orders.  Nevertheless, the payment instruments’ coding revealed he anonymously presented cash to secure the money orders in multiple different amounts, on multiple other dates, from multiple other brokers, across multiple different cities, payable to various permutations of the payee’s name.

 

  1. Count 9.

 

The Defendant committed perjury within every one of the over forty-two (42) divorce-related hearings in which he was duly sworn and under oath.  Each hearing was needed for Plaintiff to enforce against, or protect from, Defendant.

 

  1. The Defendant committed among his most material and significant perjury during his Contempt Hearing on March 08, 2019, before Judge Kassabian.  Under oath, Defendant emphatically, yet falsely, asserted twice: “I’m not a convicted felon.”  He attempted to explain this falsehood by likewise fraudulently proclaiming: “I got a full pardon from Governor Crist of the State of Florida.”  However, Florida public records maintain his felony conviction, with no alleged “full pardon” (Exhibit B: Pinellas Public Court Records for Michael Peros).

 

  1. Defendant’s invoking of a public official in the course of committing perjury did not go unnoticed.  Former Florida Governor Charles “Charlie” Crist, now Florida’s 13th Congressional District U.S. Representative, came to learn of Defendant’s perjury involving false allegations of Crist’s gubernatorial actions.  Through his Washington, DC office, he immediately contacted the Pinellas County Court and Pinellas County Sheriff to ascertain the whereabouts of Defendant.  U.S. Representative Crist was most specifically concerned about Defendant’s arsenal of semi-automatic rifles and handguns in which Defendant trafficked following his felony conviction and remained under his covert care, custody, and control.

 

  1. Defendant further fabricated his receiving of a pardon in his continued defiant refusals to surrender his firearms when ordered to comply with the current Domestic Violence Injunction against him, and later in his three (3) related refusals after his arrest and incarceration on Domestic Violence Injunction violation charges.

 

  1. Defendant’s location was also being sought by the Florida Dept of Law Enforcement (FDLE) Headquarters and its Tampa Operations Center in its attempt to assist the Pinellas County Sherriff’s Office.  The U.S. Department of Justice’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Tampa Field Office provided additional support.  Finally, the Federal Bureau of Investigation (FBI) Special Agents in Washington, DC and Tampa, FL, also offered help in locating Defendant and his illegal trafficked firearms.  Though all were unsuccessful, this collaboration demonstrates that Defendant is similarly effective in evading local, state, and federal law enforcement authorities as he is in eluding Plaintiff’s process servers and this Court.

 

  1. Count 10.

 

Defendant continues forcing Plaintiff to expend extraordinary expenses on attorneys and related costs resulting from Defendant’s brazen obstruction.  These include expenses throughout five (5) states to enforce Orders of this Court, to seek protection from Defendant’s threats and harassment, and to defend against his frivolous and harassing motions, reports, and complaints as he relentlessly attempts to circumvent Orders of this Court.

 

  1. Defendant has not paid Plaintiff a single month of the court-ordered spousal support, and his obstructive and interfering actions have, thus far, deprived Plaintiff of any benefits in the marital property proceeds.
  2. Nevertheless, Plaintiff has diligently complied with the Final Order of Divorce by already transferring the total of the ordered $4,023.79 to Defendant’s retirement account.  However, she has not received any amount of Spousal Support at all, even though the Defendant has maintained control of the lucrative family businesses.

 

  1. Count 11. 

 

Defendant continues his unyielding nationwide campaign to intimidate, harass, and threaten Plaintiff.  

 

This persists despite single, and previously overlapping, Domestic Violence Injunctions.  He nevertheless seeks to coerce Plaintiff into assisting his circumvention and obstruction.  Defendant’s attempted and successful mail fraud, wire fraud, larceny, identity theft, embezzlement, forgery, defamation, libel, slander, swatting, ambushing, surveilling, stalking, terrorizing with death threats, and filing of fraudulent motions, reports, and complaints to courts, police, and other authorities continue unabated, both directly and via third-parties, against Plaintiff.  Even more frightening, coupled with Defendant’s well-documented and ominously systematic bias of racially and ethnically driven discrimination, his course-of-conduct to intimidate, harass, and threaten Plaintiff each represent egregious hate crimes.

 

WHEREFORE, for the above good and valid reasons, and those to be argued at a hearing on this matter, Plaintiff, by counsel, respectfully requests that this Court hold Defendant in contempt and enter an order to:

  1. Grant this Petition and a Rule to Show Cause be issued.
  2. Find the Defendant in contempt of Court for his failure to comply with said Orders of this Court.
  3. Issue a capias for the Defendant.
  4. Incarcerate the Defendant, at a hearing, until he complies with said Orders of this Court, including, at least:
    1. Requiring the Defendant to provide a valid personal service address.
    2. Requiring the Defendant to execute a martial residence deed validly.
    3. Requiring the Defendant to pay all spousal support arrearages to date.
  5. Determine offsets from the Plaintiff’s expenses relating to devalued, destroyed, demolished, defaced, or disposed of property by Defendant and award offsets to Plaintiff from Defendant’s marital property equity.
  6. Dismiss the Defendant’s Motion to Modify Child Support and to Modify or Terminate Spousal Support.
  7. Award the Plaintiff attorney fees, as well as other enforcement-related expenses; and
  8. Award the Plaintiff all other relief the Court deems just and proper.

 

STATE OF ___________ CAROL R. PEROS

CITY/COUNTY OF _____________, to-wit: ________________________________________________

 

Personally appeared before me, a Notary Public in and for the jurisdiction aforesaid, CAROL R. PEROS, and

affixed her signature to the foregoing Verified Petition for Rule to Show Cause and acknowledged the same.

 

Subscribed and sworn to before me on this ______ day of _________, 2020.    _________________________

Notary Public

 

My Commission Expires: __________________ My Registration Number: _______________

 

SUROVELL ISAACS & LEVY PLC

____________________________________

David M. Levy, Esquire   VSB #13403 Tel 703-251-5400

4010 University Drive, Suite 200 Fax 703-591-2149

Fairfax, VA 22030 Counsel for Plaintiff/Wife

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