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HomeMy WebLinkAbout05-3980ATHENA BRELLOS-JIRAS Plaintiff, JOSEPH E. BRAS VS. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. r9S - 3!980 &/d NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 1 (800) 990-9108 ATHENA BRELLOS-JIRAS IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DIVORCE JOSEPH E. JIRAS Defendant NO. O y- 39 P b Cv ? ?-U r-- COMPLAINT IN DIVORCE COUNT I- 3301(c) and (d) Plaintiff is Athena Brellos-Jiras who has a current mailing address at resides at 2020 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Joseph E. Jiras who currently resides at 2014 Lincoln Street, Camp Hill, Cumberland County, Pennsylvania 17011. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 30, 1997, in Camp Hill, Cumberland County, Pennsylvania. The parties have been living separate and apart since July 21, 2005. 5. One child was born of this marriage, Jonas Edgar Jiras (d.o.b. 1-20-00). Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. There have been no prior actions for divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the Court to enter a Decree of Divorce divorcing Plaintiff and Defendant. WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce divorcing Plaintiff and Defendant and such other Orders as are just and appropriate. COUNT II 3301(a)(2) and (a)(6) 11. The averments of paragraphs 1-10 are incorporated herein by reference. 12. The Plaintiff avers as the grounds on which this action is based that: (a) The Defendant has offered such indignities to the person of the Plaintiff, the injured and innocent spouse, as to render her condition intolerable and life burdensome; and (b) The Defendant had an extramarital affair during the marriage. WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce divorcing Plaintiff and Defendant pursuant to 3301(a)(2) and/or 3301(a)(6) of the Divorce Code and such other Orders as are just and appropriate. COUNT III EQUITABLE DISTRIBUTION 13. The averments of paragraphs 1-12 are incorporated herein by reference. 14. During the marriage the parties acquired marital property, assets, and debts which Plaintiff requests the Court equitably distribute and assign. WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce divorcing Plaintiff and Defendant pursuant to 3301(a)(2) and/or 3301(a)(6) of the Divorce Code, enter an Order equitably distributing marital property and such other orders as may be just and appropriate. COUNT IV SUPPORT, ALIMONY AND ALIMONY PENDENTE LITE 15. The averments in paragraphs 1-14 hereof are incorporated herein by reference. 16. Plaintiff requires reasonable support and/or alimony and/or alimony pendent elite to adequately sustain herself within the standard of living established during the marriage. 17. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to adequately support herself at this time. WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce pursuant to 3301(a)(2) and/or 3301(a)(6) of the Divorce Code, enter an Order equitably distributing marital property, and enter an award of reasonable temporary alimony until final hearing and permanently thereafter, and such other orders as are appropriate and just. COUNT V COSTS AND COUNSEL FEES 18. The averments in paragraphs 1-17 hereof are incorporated herein by reference. 19. Plaintiff has and will occur costs and attorney's fees in prosecuting the within action. 20. Given the financial circumstances between the parties, Plaintiff requests that the Defendant be directed to pay, and/or contribute to, Plaintiffs counsel's fees and costs. WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce pursuant to 3301(a)(2) and/or 3301(a)(6) of the Divorce Code, enter an Order equitably distributing marital property, enter and award of reasonable temporary alimony until final hearing and permanently thereafter, enter an Order with respect to costs and attorney's fees, and such other orders as are appropriate and just. Respectfully submitted, Date: %__ "0 YE: ?) Melissa L. Van Eck, squire Attorney ID No. 85869 7810 Allentown Blvd., Suite B P.O. Box 6662 Harrisburg, PA 17112 (717)540-5406 Attorney for Plaintiff VERIFICATION I, Athena Brellos-Jiras, verify that the statements made in the foregoing COMPLAINT in DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: 3 0 / 0'za A/ Athena Brellos-Jiras ?J' Ilk J ? F Ni goy w ; ATHENA BRELLOS-JIRAS, Plaintiff JOSEPH E. JIRAS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3980 Civil V. CIVIL ACTION -- LAW DIVORCE Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of the undersigned as attorney for the Defendant, Joseph E. Jiras, in the above-captioned action. Dated: l-Z- , 2005 By: 2 a Carl G. WassCALDWELL, Esq & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney I.D. 07268 Respectfully submitted, 05-553/91428 ? ? L; _ p cJ' } ,?,.. '„ ? ?y rn ? ? Y„ i 1 r_j ?=. ? ???_ ?` _ %'.` ??? ? ? fR T% U L U'? ?. ? ATHENA BRELLOS-JIRAS Plaintiff, JOSEPH E. JIRAS Vs. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. 05-3980 Civil PETITION FOR INTERIM EXCLUSIVE POSSESSION OF MARITAL RESIDENCE PURSUANT TO § 3502 (C) OF THE DIVORCE CODE AND NOW, comes Petitioner, Athena Brellos-Jiras, by and through her attorneys, Van Eck & Van Eck, P.C. and files the within Petition, and in support thereof, avers as follows: Petitioner is Plaintiff in the above captioned divorce action. Petitioner resides at the marital residence, 2014 Lincoln Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent is Defendant in the above captioned divorce action. Respondent also currently resides at the martial residence. The parties hereto were married on November 30, 1997, in Camp Hill, Cumberland County, Pennsylvania. 4. The parties separated on July 21, 2005. Petitioner initially moved out of the marital residence with the minor child. The two temporarily stayed with Petitioner's sister in Carlisle, Pennsylvania. 5. On or about August 4, 2005, Petitioner filed a Complaint in Divorce in Cumberland County, Pennsylvania. 6. On or about August 4, 2005, Petitioner moved back: into the marital residence with the minor child because Respondent stated that he was going to stop contributing to the mortgage and other bills associated with the marital residence. 7. Thereafter, Respondent voluntarily moved out of the marital residence. 8. On or about August 8, 2005, upon advice of his counsel, Respondent moved back into the marital residence. 9. Since Respondent has moved back into the marital residence he has dissipated marital assets and caused a disruption in the life of Petitioner and their minor child. 10. Specifically, on or about August 10, 2005, Respondent removed items from the marital home, some of which were Petitioner's pre-marital property. Respondent has admitted to selling these items at a pawn shop. The items known to have been removed from the martial residence and sold include: 12 place setting of Lenox China, two valuable gold rings (one with multiple diamond settings), and a new digital camera. It. Petitioner has requested that Respondent return these items. Respondent has refused. 12. On or about August 14, 2005, Respondent potential ly endangered the health, safety and well being of the Petitioner and the minor child by denying them all means of transportation and stranding them at the marital residence. Specifically, Respondent left the marital residence while claiming to be in possession of Petitioner's purse, which contained Petitioner's car keys, house keys, and other essential items. 13. Respondent initially refused to cooperate with the return of the purse, and Petitioner was compelled to contact the Camp Hill Police Department. After an explanation of the consequences for his behavior by Officer Hawkinberry of the Camp Hill Police Department, Respondent finally disclosed the location of the purse. 14. During the time that Respondent was refusing to return the Petitioner's purse, Petitioner and the minor child were without the ability to transport themselves to a medical facility or other emergency treatment center, if such had been necessary. 15. Section 3502 (c) of the Divorce Code states that "[t]hat court may award during the pendency of the action or otherwise to one or both the parties the right to reside in the marital residence." 16. For the foregoing reasons, the mental and emotional health of Petitioner and her minor child will be comprised unless Petitioner is permitted interim exclusive possession of the marital home. 17. Petitioner believes and therefore avers that Respondent could reside in his mother's home which is now owned by his sister. The house is in Harrisburg, Pennsylvania and is essentially vacant. 18. Petitioner believes and therefore avers that it is in the best interest of the minor child to allow for Petitioner to stay in the marital residence without Respondent. 19. For all the foregoing reasons, Petitioner believes, and therefore asserts, that a ten (10) day rule to show cause is appropriate. WHEREFORE, Plaintiff/Petitioner, prays that this Honorable Court enter an Order directing Defendant/Respondent Joseph E. Jiras to return all keys and garage door openers to the marital residence, not to enter the marital residence property without the consent of Plaintiff/Petitioner, or further Order of this Court. Date: - 1 OS - 1 Respectfully submitted, VAN ECK & `VAN ECK, P.C. Henry W. Van Eck, Esquire Attorney ID No.: 83087 7810 Allentown Blvd., Suite B. Harrisburg, PA 17112 (717)540-5406 Attorney for Plaintiff rcj. du'?" d- i Eck, Esquire Attorney ID No.: 85869 VERIFICATION I, Athena Brellos-Jiras, verify that the statements made in the foregoing Petition for Exclusive Possession of Marital Residence are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Athena Brel os-Jiras' Date: o 5 CERTIFICATE OF SERVICE I, Henry W. Van Eck, Esquire, counsel for Athena Brellos-Jiras, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition for Exclusive Possession of Marital Residence was served upon Joseph E. Jiras, by depositing same in the United States mail, first class on August 19, 2005 addressed as follows: Carl G. Wass, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110.1533 Date: S bs By: % WW .. V f Melissa L Uan Eck, Esquire Attorney II) No.: 85869 Henry W. `Van Eck, Esquire Attorney ID No.: 83087 7810 Allentown Blvd., Suite B. Harrisburg, PA 17112 (717)540-5406 ' ? ???;-' N 2?.J N - i?:Y -,? r? ?'?iTt ,r "-1 "?wv ?T.3 W :.c `? G 5 RECEIVED A'"3 23 2uu5w, ATHENA BRELLOS-JIRAS IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DIVORCE JOSEPH E. JIRAS Defendant NO. 05-3980 Civil RULE TO SHOW CAUSE AND NOW, this ;? day of --, 2005, a rule is hereby issued upon Defendant, Joseph E. Jiras, to show cause why the Petition for Interim Exclusive Possession of Marital Residence Pursuant to Section 3502 (C) of the Divorce Code should not be granted. Rule returnable 07b days from service. J. a w r C OC .u add 9Z 99V 9001 D"Hi dv ATHENA BRELLOS-JIRAS, Plaintiff VS. JOSEPH E. JIRAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. 05-3980 CIVIL ANSWER TO PETITION FOR INTERIM EXCLUSIVE POSSESSION OF MARITAL RESIDENCE PURSUANT TO SECTION 3502 (C) OF THE DIVORCE CODE AND NOW comes the Defendant, Joseph E. Jiras, by and through his attorneys, Caldwell & Kearns, PC, and files the following Answer to the said Petition: Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that the Petitioner, together with the minor child of the parties, removed herself from the marital home and resided temporarily with her sister in Carlisle, Pennsylvania. However, it is averred that Petitioner removed herself from the marital home on July 24, 2005 (leaving Defendant as the sole resident thereof) and returned to the marital home on July 28, 2005. 5. Admitted. 6. Admitted in part, denied in part. It is admitted that Defendant stated to Plaintiff that he was no longer going to contribute to the payment of the mortgage upon the marital home, adding that the reason therefore was that Plaintiff had transferred marital money in the sum of $20,000.00 from a jointly owned account of the parties to an account solely owned by the Plaintiff, and Defendant declared to Plaintiff that she could simply pay the mortgage and household bills from that sum of appropriated marital funds. Defendant denies that August 4 was the date when Petitioner returned to the marital home, rather, it is averred that July 28, 2005 was the date of her return. 7. Denied. The temporary removal of the Defendant from the marital residence was not voluntary. Upon Plaintiff's return to the marital home, she first telephoned the Defendant and told him: "don't come back" to the home. Shortly thereafter, Plaintiff telephoned the sister of Defendant and advised the sister that "if Joe comes back, I'll put a knife through his heart." As a result of the uncertainty as to what he should or should not do, and because of fear for his own safety, Defendant did in fact remain absent from the home for two (2) days, following which he then spent a planned week's vacation during the first week of August at a summer home which the parties own in Brigantine, New Jersey. 8. Admitted. By way of further answer, Defendant avers that, upon his return from his vacation trip to Brigantine, New Jersey (which coincided with the return of Defendant's attorney from vacation) the Defendant met with his attorney, and was advised that he should continue to reside in the marital residence and continue to fulfill his role as the weekday caregiver to the minor son of the parties, subject to the admonition that Defendant should have no direct physical contact with the Plaintiff. 9. Denied. Defendant has not dissipated any marital assets, rather, as will be more fully set forth in the answer to paragraph 10, Defendant simply removed and/or secreted certain items of marital property in order that they should be preserved and in an effort to entice the Plaintiff to return property to Defendant that she had removed and/or secreted. It is denied that Defendant has in any way disrupted the life of Petitioner and/or the minor child of the parties. To the contrary, the marital relationship between the parties is strained and communication between the two parties is limited to the care and welfare of their minor child. Furthermore, Defendant continues to be the weekday caregiver for the minor child of the parties while the Defendant is engaged in her business affairs. 10. Admitted in part, denied in part. Defendant avers that when he returned from his vacation at Brigantine, New Jersey, he discovered that the Plaintiff had removed from the marital home the computer of the Defendant and, when questioned as to its whereabouts, Plaintiff refused to disclose the whereabouts and refused to return the computer to the marital home. Defendant discovered that a gold ring, several watches and miscellaneous jewelry owned by him had also been removed and/or secreted by the Defendant. As a consequence of these discoveries, and Defendant's refusal to return the items, Defendant did remove or secrete: a twelve piece place setting of Lenox china, two gold rings and a digital camera which he had previously purchased for the family. Defendant admits that, in his anger, he did state an untruth to the Plaintiff, to wit: that he had taken the articles to a pawn shop and exchanged the articles for money. 11. Admitted in part, denied in part. Petitioner did request and Defendant did refuse to return the articles identified in paragraph 10. However, Defendant has returned the Lenox china to its customary location within the marital home and has returned the two gold rings to the Plaintiff (in similar fashion, his ring, watches and miscellaneous jewelry). 12. Admitted in part, denied in part. It is admitted that the event described occurred on Sunday, August 14, 2005; however, it is denied that there was either any intent to, nor was there in fact any potential for, the endangering of the health, safety and well being of Plaintiff or the minor child of the parties. Defendant admits he located the pocketbook of Plaintiff, opened it, and discovered his missing watches therein. As he was ready to leave for work on Sunday, August 14, he did hide the pocketbook within the marital residence and, as he left the household, he told the Plaintiff that "I have your pocketbook and house and car keys and will give them to you when you tell me where my computer is located." Within five to ten minutes thereafter, as he was driving toward his place of employment, Defendant telephoned Plaintiff, intending to tell her of the location of her pocketbook which he had secreted within the marital residence, whereupon, he discovered that Plaintiff had called the Camp Hill Police Department and a police officer was present in the household. During the course of Defendant's telephone call back to the marital home, he did inform the police officer where the pocketbook was located. 13. The answer to paragraph 12 is incorporated herein by reference as if fully set forth herein. 14. It is admitted that a "limited potential" for an emergency may have existed; however, such existed for no more than five to ten minutes for the reason that Defendant placed his telephone call to his wife at the marital residence within the time it took him to drive from the marital home to the point when he made his telephone call while on the Market Street bridge, crossing the Susquehanna River. 15. It is admitted that Section 3502(c) of the Divorce Code has been accurately quoted; however, it is respectfully averred that absent any evidence of violence, abuse or threat of violence or abuse, there exists no valid or lawful reason for the eviction of the Defendant from a home as to which he is a co-owner with his wife and within which he is both a peaceable resident and a natural and loving caregiver to the minor child of the parties who also resides within the marital residence. 16. Denied. Since the return of the Defendant from his vacation in Brigantine, New Jersey, the Defendant and the Plaintiff have occupied separate sleeping quarters and have maintained a status of limited contact and limited communication between themselves, such communication and contact pertaining to the welfare of their minor child. Accordingly, it is denied that the mental and emotional health of the Plaintiff is no more and no less compromised by the presence in the jointly-owned marital residence of the Defendant than is the mental and emotional health of the Defendant compromised by the continued presidence within the marital home of the Plaintiff, also a co-owner of the marital residence. In short, it is averred that nothing untoward is occurring within the household of the parties greater than would customarily occur between a married couple experiencing a serious and continuing disagreement with each other. 17. Denied. While it is true that Defendants sister owns a home which she acquired from the deceased mother of Defendant and his sisters, it is not possible for Defendant to reside in that dwelling for the reason that his sister, now the owner, has leased the house to a person or persons who are in exclusive occupancy thereof. 18. Denied. Quite to the contrary, it is averred that the best interests of the minor child of the parties will be promoted by the continued residency within the marital household of the Defendant. During the course of the normal work week, while Plaintiff is engaged in her daily business affairs, Defendant serves as the caregiver for the minor child of the parties. Then, when Defendant is engaged in his employment, as he is, during weekends, it is the Plaintiff who fulfills the care-giving role to the minor child of the parties. Thus, it is averred that the continued presence of both parents within the marital residence, each serving as care-givers to their minor child, is in the best interests of the minor child. 19. No answer required. WHEREFORE, Defendant prays your Honorable Court, following hearing, if necessary, to dismiss the within Petition, thereby enabling both parties to continue to occupy a marital residence as to which each of them holds an ownership interest. Respectfully submitted, CALDWELL & KEARNS By: Carl G. Wass, Es uire Attorney I.D. #07268 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Date: t y Zo O 05-553/92379 VERIFICATION I, Joseph E. Jiras, verify that the statements made in the foregoing Petition for Exclusive Possession of Marital Residence are true and correct to the best of my knowledge, information and believe. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. V-In `j. V ph E. Jiras Date: (-?3-U? AFFIDAVIT OF SERVICE I, Carl G. Wass, Esquire, counsel for Joseph E. Jiras, Defendant in the above-captioned action, herby certify that a true and correct copy of the foregoing Petition for Exclusive Possession of Marital Residence was served upon Athena Brellos-Jiras, by depositing same in the United States mail, first class on S? 1 addressed as follows: Melissa L. Van Eck, Esquire VAN ECK & VAN ECK PC, Attorneys for the Plaintiff 7810 Allentown Boulevard, Suite B Harrisburg, PA 17112 Date: S e p? 1 , ZAGS By: Carl G. Wass, Esq e Attorney ID No.: 07268 CALDWELL & KEARNS, PC 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 t s l (? f 41 Y ? W ? ATHENA BRELLOS-JIRAS Plaintiff, vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE JOSEPH E. BRAS Defendant NO. 05-3980 Civil EMERGENCY PETITION FOR SPECIAL RELIEF Pursuant to Sections 3502(f), 3502(c) and 3323(f) and of the Divorce Code AND NOW, comes, Petitioner, Athena Brellos-Jiras, by and through her attorneys, Van Eck & Van Eck, P.C. and files the within Petition, and in support thereof, avers as follow: 1. Petitioner is Plaintiff in the above captioned divorce action. Petitioner resides at 2020 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent is Defendant in the above captioned divorce action. Respondent resides at 2014 Lincoln Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties were married on November 30, 1997, in Camp Hill, Cumberland County, Pennsylvania. 4. In September of 1998, the parties purchased real estate located at 2014 Lincoln Street, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter referred to as "Marital Residence"). The Marital Residence is owned by both parties. The mortgage on the Marital Residence is solely in Respondent's name. 5. On or about August 4, 2005, Petitioner filed a Complaint in Divorce in Cumberland County, Pennsylvania. 6. On or about July 4, 2008, Petitioner left the Marital Residence due to the intolerable environment created by Respondent. 7. On or about August 8, 2007, West Shore Tax Bureau brought a Civil Action against Respondent for paying his 2005 Earned Income Tax with a check returned for nonsufficient funds. A true and correct copy of the Complaint is attached hereto and incorporated herein as Exhibit "A". 8. On or about September 13, 2007, Petitioner received a delinquency notice from Pennsylvania American Water in the amount of $72.58. Petitioner paid this delinquency on September 19, 2007. A true and correct copy of the notice of delinquency and confirmation of payment is attached hereto and incorporated herein as Exhibit "B". 9. In September of 2007, Cumberland County Tax Claim Bureau listed the Marital Residence for Tax Sale due to a tax delinquency in the amount of $5,982.25. The Sale was scheduled to occur on September 20, 2007. A true and correct copy of the Notice of Public Sale is attached hereto and incorporated herein as Exhibit "C". 10. On September 19, 2007, Petitioner paid $2,275.00 to the Cumberland County Tax Claim Bureau to stop the scheduled tax sale. A true and correct copy of the receipt for payment is attached hereto and incorporated herein as Exhibit "D". 11. Petitioner believes and therefore avers that Respondent has not paid any monies toward the delinquent tax bill still due and owing. 12. On or about September 10, 2007, Respondent received a correspondence from the Mortgage Holder (hereinafter referred to as GMAC) of the Marital Residence indicating the mortgage was two months past due. A true and correct copy of the Notice of Delinquency is attached hereto and incorporated herein as Exhibit "E". 13. In April 2008, Respondent was relieved from his employment with Shaffner Youth Center. 14. On or about May 2, 2008, GMAC sent Respondent a correspondence indicating that he was seven (7) months delinquent on the Mortgage loan for the Marital Residence. 15. On or about May 6, 2008, Petitioner received a telephone call from GMAC with regard to the delinquency. Petitioner requested a copy of the correspondence be faxed for her review. A true and correct copy of the May 2, 2008, correspondence is attached hereto and incorporated herein as Exhibit "F". 16. Petitioner by and through her counsel contacted counsel for GMAC. Petitioner was informed that the mortgage could be reinstated by rendering $6,337.39 by June 2, 2008. 17. Petitioner has the funds required to reinstate the mortgage in an escrow account held by counsel. 18. Petitioner has entered the Marital Residence only to discover that Respondent has failed to maintain the premises. Specifically, Petitioner has observed broken light fixtures in almost every room and the broken glass on the oven door as well as other maintenance deficiencies. 19. Petitioner also believes and therefore avers that Respondent is conducting yard sales in which he is selling marital property from the Marital Residence. 20.. Petitioner believes and therefore avers that Respondent is dissipating the assets within the Marital Residence. 21. Petitioner believes and therefore avers that Respondent is dissipating the value of the Marital Residence. 22. Pursuant to 23 Pa.C.S.A. §3502 (c), "The court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence." 23. Pursuant to 23 Pa. C.S.A. §3502(f), "The court, upon the request of either party, may at any state of the proceedings enter an order providing for an interim partial distribution or assignment of marital property." 23. Pursuant to 23 Pa. C.S.A. §3323, "... the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties ... and may grant such other relief or remedy as equity and justice require..." 24. Petitioner respectfully requests exclusive possession of the Marital Residence. 25. Petitioner respectfully requests the Court to distribute and assign the Marital Residence to her as a result of her payment of the delinquent utility bills, taxes and mortgage payments. 26. Petitioner by and through her counsel contacted Carl G. Wass, counsel for Respondent. Attorney Wass indicated that he could not concur in this Petition. WHEREFORE, Petitioner, Athena Brellos-Jiras, respectfully requests this Honorable Court to grant her exclusive possession of the Marital Residence, to distribute and assign the Marital Residence to her in consideration of bringing the mortgage delinquency current, to grant an Order instructing Respondent, Joseph E. Jiras to vacate the Marital Residence immediately, and such others Orders as this Honorable Court deems just and proper. Respectfully submitted, VAN ECK & VAN ECK, P.C. Date: J #a- 9 4 tl.P Melissa L. Van Eck, Esquire Attorney ID No.: 85869 7810 Allentown Blvd., Suite B. Harrisburg, PA 17112 (717)540-5406 Attorney for Plaintiff VERIFICATION I, Athena Brellos-Jiras, verify that the statements made in the foregoing Emergency Petition for Special Relief are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Athena Brellos-Jiras Date: / o EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.. 09-1-02 MDJ Name Hoc. ROBERT V. MANLOVE ""s' 1901 STATE ST CAMP HILL, PA Teiephone: (717 ) 761-0583 17011-0000 CIVIL ACTION PLAINTIFF: HEARING NOTICE NAME and ADDRESS $19ST SHORE TAX BUREAU 3607 ROSEMONT AVE CAMP HILL, PA 17011 L VS. DEFENDANT: NAME ;;i d ADDRESS FJIRAS, JOSEPH E -1 2014 LINCOLN ST CAMP HILL, PA 17011 JOSEPH E. JIRAS L J 2014 LINCOLN ST Docket No.: CV-0000262-07 CAMP HILL, PA 17011 Date Filed: 8/08/07 ` ?a._ ff44 A civil complaint has been filed against you in the above captioned case. A hearing has been set in this matter for: Date: 9/18/07 Place: DISTRICT COURT 09-1-02 1901 STATE ST Time: 11:15 AM CAMP HILL, PA 17011-0000 _ 717-761-0583 NOTICE TO DEFENDANT If you intend to enter a defense to this complaint, you should so notify this office immediately at the above telephone number. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five days before the date set for the hearing. Pursuant to Pa.R.C.P.D.J. No. 342(6)(2), no claim by the defendant will be permitted in a supplementary action filed for failure of judgment creditor to enter satisfaction. NOTICE TO PLAINTIFF Pursuant to Pa.R.C.P.D.J. No. 318, you or your attorney will be notified if the defendant gives notice of his/her intention to defend. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. DATE PRINTED: 8/08/07 2:18:36 PM AOPC 30813-05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-1-02 MDJ Name: Hon. Robert V. Manlove Address: 1901 State Street Camp Hill PA 17011 Telephone: (717)761-0583 AMOUNT DATE PAID FILING COSTS $/`•"? \? / / POSTAGE SERVICE COSTS $ CONSTABLE ED. TOTAL $ • / .?? ? / CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS Albert R. Timko, Jr. West Shore Tax Bureau 3607 Rosemont Avenue Camp Hill PA 17011 i _ VS. --? DEFENDANT: NAME and ADDRESS - Joseph E Jiras I 2014 Lincoln St Camp Hill PA 17011 7De d: Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 1158.45 upon the following claim (Civil fines must include citation of the statute or ordinance viol ed): costs Defendant paid 2005 Earned Income Tax in the amount of $963.29 with check number 2153 which was returned from the bask NSF on May 18, 2007. Defendant has ignored repeated notices to pay the tax, penalty, interest and fees due. 1 Class Mail May 24, 2007; Certified Mail June 21,2007, Unclaimed. 2005 Tax Due $963.29 1 s` Class Mail $ .41 Penalty 86.70 Certified Mail 5.21 Interest 82.84 NSF Fee 20.00 Total $1132.83 Cost of Collection $25.62 53 P.S. Section 6913 Camp Hill Boro Ord. #712 Total amount sought = $1158.45 plus filing and service costs I, Albert R. Timko Jr. Exec. Dir. verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the nalties of Section?4904 of the Crimes Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities. Plaintiff's - " ( ignatu o aintiff or Author' d Agent) Attorney: Address: Telephone: ( ) IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. ACPC 308A-05 PLEASE WIT E: IF YOU DISAGREE THAT YOU OWE THE PLAINTIFF MONEY, YOU MUST CONTACT THE JUDGE'S COURT IMMEDIATELY!!!! IF YOU DO NOT DISAGREE WITH THE PLAINTIFF'S CLAIM AGAINST YOU AND AGREE THAT YOU DO IN FACT OWE THE MONEY - DO NOT COME TO THE SCHEDULED CIVIL HEARING DATE AND TIME. GET IN TOUCH WITH THE PLAINTIFF OR IF ATTORNEY LISTED THERE IS AN AT THE BOTTOM OF THE COMPLAINT FORM, GET IN TOUCH WITH THEM. (No one is required to be at the Civil Hearing unless you are disagreeing with the claim against you. Also note that all monies are to be sent to plaintiff, not the district justice office.) IF YOU HAVE ANY QUESTIONS REGARDING THIS CASE AGAINST YOU, OR WHAT IS REQUIRED OF YOU9 PLEASE CONTACT T JUDGE'S COURT ANY TIME M-F 8• _ M j AT THE FOLLOWING P •30AM 4.•Q0P HONE NUMBER: (717) 761- .4 0583. THANK YOU. Plaintiff - individual(s) who feel that you owe them money. Defendant - individual(s) who owe the money. Please be advised that the enclosed date and time IS NOT A CONFIRNIED y HEARING! You are NOT to appear at that time. If you disagree with the suit that has y been tiled against you and would like to have a hearing, PLEASE CONTACT OUR COURT IMMEDIATELY! Exhibit "B" 1% Pennsylvania American Water ox [on 1-800-565-7292 AMW003 PODOBF 00002235 09/13/2.007 Jiras, Athena 2014 Lincoln St Account Number: 24-1083266-7 Camp Hill PA 17011-3841 Premise Number: 240375204 2014 Lincoln St Dear Customer: _T 1 ?' t 1 Our records show that you have an unpaid balance of $72.58. This amount is for the property 2014 Lincoln St, at which you reside. Please check your payment records and contact Customer Service at 1-866-358-3429 if you have additional questions about the outstanding balance. If payment has already been sent, please disregard this notice. If you have not submitted payment, and do not respond to this notice by Monday, September 17, 2007, we will be forced to send the unpaid balance to a collection agency or a magistrate. We value you as a customer and would like to resolve this matter as soon as possible. Your prompt attention is appreciated. To pay by credit card call 1-866-271-5522. Sincerely, Customer Service r? 1 ? c t< /F? ?v /j tl? 7?' N i OIC32P COLLECT2 .002235 002236 24429201 EXHIBIT " C" . -UMBERLAND COUNTY T'AX CLAIM BUREAU ............ NOTICE OF RETURN AND CLAIM 710 7 0449 4590 0009 1017 2/02/2007 THIS NOTICE IS FOR2006 (May include prior year interi UNPAID REAL, ESTATE TAXES. t m ax or clean & green rollback tax) ADDRESS -C OMMUNICATIONS TO: WE ACCEPT ONLY CASH, MONEY ORDERS CUMBERLAND COUNTY , OR CERTIFIED CHECKS TAX CLAIM BUREAU ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3389 NO UNCERTIFIED PERSONAL OR BUSINESS CHECKS ACCEPTED BUSINESS HOURS: 8:00 AM TO 4:30 PM MONDAY THROUGH FRIDAY IF IS PLEASE ENCLOSE A SEELFEADDRESSED SDT'AMPED ENVELOPE. PHONE: (717) 240-6366 (717) 240-6528 JIRAS, JOSEPH E & ATHENA J BRELLOS 2014 LINCOLN STREET CAMP HILL PA 17011 .RLAND COUNTY :LAIM BUREAU MAPN001-21-0271-135B CAMP HILL ESTATES LOTS 157 & 158 PB I PG 90 Residential Building COUNTY MUNICIPAL SCHOOL COSTS 366.95 290.38 1,971.36 20.25 2, 648.94 IF YOU FAIL TO PAY THIS CLAIM NOW YOUR AMOUNT DUE WILL CONTINUE TO INCREASE AS SHOWN BELOW. MAR 1, 2007 APR 1, 2007 MAY 1, 2007 JUNE 1, 2007 JULY 1, 2007 AUG 1, 2007 SEPT 1, 2007 OCT 1, 2007 NOV 1, 2007 DEC 1, 2007 JAN 1, 2008 FEB 1, 2008 2, 666.75 2,684.56 2,702.37 2,720.18 2,737-9.9 2,755.80 2,773.61 2,791.41 2,809.23 2,827.04 2,844.85 2,062.66 PRESENT THIS NOTICE ,cN MAKING PAYMENT SS ALL COMMUNICATIONS TO CUMBERLAND COUNTY TAX CLAIM BUREAU ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3389 BUSINESS 8:00 AM TO 4:30 PM HOURS: MONDAY THRU FRIDAY PHONE: (717) 240-6366 1-800-697-0371 EXT6366 PAYMENTS PRIOR TO SALE: Cash, money order, certitled check or Treasurers check payable to 'The Tax Claim Bureau' NO UNCERTIFIED PERSONAL OR BUSINESS CHECKS ACCEPTED Please call the Bureau before making navment. The amounts represented herein reflect what is due as of the day of tax sale. If making payment in July or August these amounts will be less. 7107 0449 4590 0382 2489 7/09 01 CONTROL NUMBER 1 1253 ACRES- .140 MAP NO 01-21-0271-135B CAMP HILL ESTATES LOTS 157 & 158 PB I PG 90 Residential Building 2014 LINCOLN STREET 13:32:02 07/05/07 IF YOUR TAXES ARE PAID FROM A MORTGAGE ESCROW ACCOUNT, THE MORTGAGE HOLDER DOES NOT RECEIVE A COPY OF THIS NOTICE. HOWEVER, YOU REMAIN LIABLE FOR THE PAYMENT OF THESE TAXES AND IF THEY ARE NOT PAID, YOUR PROPERTY WILL BE SOLD EVEN IF YOU HAVE PROVIDED PAYMENT TO THE MORTGAGE HOLDER Notice of Sale will be published once In the Harrbburg PaWat News, The Sentinel and once In the Cumberland Law Journal beginning the week of. JULY 16, 2007 JIRAS, JOSEPH E THE APPROXIMATE UPSET PRICE FOR 2014 LINCOLN STREET WHICH THE PROPERTY SHALL BE SOLD IS: CAMP HILL PA 17011 THE SUM FOR TAXES PRIOR TO 2006 WHICH WILL REMOVE THE PROPERTY FROM THE SALE IS: 1 $2,235.77 TO: All Owners of property described in this notice, and all persons having liens, judgements or municipal or other claims against such properties. Notice is hereby given by the TAX CLAIM BUREAU in and for the County of Cumberland under Act 542 of 1947 P.L. 1368 as amended, that the said BUREAU will expose at Public Sale in the CUMBERLAND OLD COUNTY COURTHOUSE, Carlisle, PA at 110:00 AM SEPTEMBER 20, 2007 or any day to which the sale may be adjourned, readjoutned or continued, for the purpose of collecting unpaid taxes, municipal claims and all costs incidented thereto, the above described real estate for at least the upset price in the amount hereinabove approximately set forth. The sale of this property may, at the OPTION of the BUREAU, be stayed if the Owner thereof or any lien creditor of the Owner, on or before the date of sale, enters into an agreement with the BUREAU to pay taxes, interest and costs in installments in the manner provided by Section 603 of said Act. Again, this provision is only available at the OPTION of the BUREAU. WARNING CU""'" COUAWT TAX CLATZ BUMU17 0" COUBTgOUBB SOUA$S SEPTEMBER 4, 2007 Owner or reputed owner BRELLOS, ATHENA J 2020 MARKET STREET CAMP HILL PA 17011 1 ,YOUR PROPERTY MAY IF YOU HAVE ANY QUE! PLEASE CALL YOUR Al NUMBER - 888 697-0371 CARLIBLB PA 17013 P901M 717 24 0 - 6366 FAX 717 240-7835 NOTICE OF PUBLIC TAX SALE IIIIIIIIIIIIIIIIIIIIII Illy Map Nutuber/Desc 001001253001 BE *** WARNING "** 01-21-0271-13513 Control Number - 001 001253 CAMP HILL ESTATES LOTS 157 & 158 PB 1 PG 90 Residential Building 2014 LINCOLN STREET Acres - .140 TAXES. A THE APPROXIMATE UPSET PRICE FOR WHICH THE PROPERTY SHALL, BE SOLD IS 022 THE SUM OF $2,275.58 FOR THE 2005 OR PRIOR DELINQUENT TAXES WILL REMOTE 6 PROPERTY FROM THE SALE, IF PAID BEFORE THE DAY OF THE SALE. IF RECEIPT IS DESIRED PLEASE ENCLOSE A SELF-ADDRESSED STAMPED ENVELOPE Notice is hereby given by the Tax Claim Bureau in and for CUMBERLAND COUNTY under and by the authority of the provisions of the act of 1947 P.L. 1368, STATE at known as "REAL En the TAX LAW" as ended, that the said bureau will expose public COUNTY any day to which the sale may beadjour rnedHorscontinued oAM EPT. 2 20 ? rsthe pu0'ose07 of collecting unpaid taxes and costs incident thereto, the above descri real estate for at least the upset price in the amount h_reinaboveed approximately set forth. The sale of the property may, AT THE OPTION OF THE BUREAU, be stayed if the owner therof or any lien creditors of the owner, on or before the sale date, enters into an agreement with the BUREAU to pay taxes, interest and costs in the manner provided by Section 603 of said act, again ONLY AT THE OPTION OF THE BUREAU. TERMS: CASH, CERTIFIED CHECK, MONEY ORDER, CASHIERS CHECK BUSINESS HOURS: 8:00 AM TO 4 RIPM MONDAY THRU FRIDAY CUMBERLAND COUNTY TAX CLAIM BUREAU EXHIBIT "D" BRUCE BARCLAY CHAIRMAN GARY EICHELBERGER VICE CHAIRMAN RICHARD ROVEGNO SECRETARY JOHN BYRNE CHIEF OPERATIONS OFFICER EDWARD SCHORPP SOLICITOR TAX CLAIM BUREAU OF CUMBERLAND COUNTY STEPHEN D. TILtY ASSISTANT SOLICITOR One Courthouse Square, Carlisle, PA 17013-3389 Printed: 9/19/07 C (717)240-6366 Receipt No.: 57832 Receipt Date: 9/19/2007 10:34:51 **** RECEIPT **** Page: 1 Control Number: 1-001253 Property Description: JIRAS, JOSEPH E & ATHENA J BRELLOS 2014 LINCOLN STREET CAMP HILL PA 17011 Map No: 01-21-0271-13513 Tax Year Description 2005 SCH-CAMP HILL 2005 BUREAU COSTS 2006 CTY-CAMP HILL BORO 2006 BUREAU COSTS CAMP HILL ESTATES LOTS 157 & 158 PB 1 PG 90 Residential Building Situs information: 2014 LINCOLN STREET CAMP HELL BOROUGH Penalty & Face Interest: Costs 1676.86 419.29 130.93 Received For Year Of 2005 27.67 20.25 Received For Year Of 2006 Total Received Tendered > CASH Received By > JC Paid By > ATHENA J BRELLOS Remarks > Receipt Number: 57832 Total 2096.15 130.93 $2227.08 27.67 20.25 $47.92 $2275.00 Balance Due As Of 9/19/2007 Claim Year: 2006 2725.69 Claim Balance: 2725.69 Total Received: $2275.00 EXU BIT GGE G_ MAC Mortgage 3451 Hammond Ave P.O. Box 780 Waterloo, IA 50704-0780 09/10/07 JOSEPH E JIRAS 2014 LINCOLN ST. CAMP HILL PA 17011-0000 RE: Account Number 0578650905 Property Address 2014 LINCOLN ST. CAMP HILL PA 17011-0000 Dear JOSEPH E JIRAS Disclosure: If you are already working with the Loss Mitigation department on a special forbearance or other foreclosure prevention alternatives, this letter does not apply to you. However, you may want to take advantage of the Homeownership Counseling information contained within this letter. Your account is in default under the terms of the mort a The mortgage payments of $ of 08/01/07 through 09/01/07, already mailed these payments, e. 1730.06 for the mog gnths are past due. If you have please accept our thanks. Due to the unresolved delinquency on your account, you may be experiencing temporary or permanent financial problems that led to the default. Your account could soon be referred to foreclosure if the default is not resolved. tae would like to discuss possible loss mitigation options, which may be available to you to resolve the delinquency and avoid foreclosure. A brief description of these options follows. If you have experienced a temporary loss of income or increase in expenses and now have sufficient income to make increased payments, we may be able to work out a REPAYMENT PLAN. LOAN MODIFICATION: A loan modification capitalizes delinquent payments into the unpaid principal balance. This may be completed if you are unable to make temporary increased monthly payments, yet can still afford your mortgage payments. 09/10/07 Account Number 0578650905 Page Two SHORT SALE: The investor may accept less the value of o than a full payoff when y ur property has declined. property at fair market value and forward You must list the estimated closing costs, to our company any The offers, along a with . cceptance of offer is subject to investor approval. You ma b the contribute to reduce the total loss. y e required to DEED IN LIEU OF FORECLOSURE: A deed in lieu voluntarily gives back the Deed to the lender to satisfy the debt and avoid foreclosure. You must have tried to sell the! property for 90 days at fair market value. The collection activity will not stop and the monthly mortgage payments are still due while we evaluate your financial situation. Not all options may be available to you and we cannot guarantee you will qualify for any of the loss mitigation options. In order to be considered for any of these loss mitigation options, you may be required to provide us with financial information. Please contact us at 800-850-46.22 to discuss any of these loss mitigation options. For your information, you may contact a HUD Counseling Agent at 1-800-569-4,287. Toll free TDD number for the HUD Counseling Agency is 1-800--877-8339. NOTICE - This is an attempt to collect a debt and any information obtained will be used for that purpose. If your debt has been discharged in bankruptcy, our rights are being exercised against the collateral for the above-referenced loan, not as a personal liability. PLEASE DO NOT SEND US MEDICAL INFORMATION. As required by law, we are prohibited from obtaining or using medical information (e.g., diagnosis, treatment or prognosis) in connection with your eligibility, or continued eligibility, for credit. We will not use it when evaluating your request, and it will not be retained. Collection Department Loan Servicing 5014 EXHIBIT "F" 05/06/2008 12:21 7177374127 J-S PAGE 02 GOLDBECK MCCAFFERIrY & MCKEEVEI7l Mellon Independence Center, SUITE 5000 701 Market Street Philadelphia„ Pa 19106-1532 nr -_ www.¢o1dlLcklaw.e:om (ter ??? t ?xp?`? 5/212008 PL lob ATHENA J. BRELLOS 2014 Lincoln Street Camp Hill, PA 17011 JOSEPH E. JMAS 2014 Lincoln Street Camp-Hill, PA 17011 ATHENA J. BRELLOS 2020 Market Strect Camp Hill, PA 17011 RE: Mortgage Company: GMAC MORTGAGE CORPORATION Loan No: 0578650905 Name: ATHEENA J. BRELLOS and JOSEPH E. JI kS Property Address: 2014 Lincoln Street Camp Hill, PA, 1701.1 Mortgage Recording Information: Original Principal Balance: $144,000,00 THIS LAW FIRM Its A DEBT COLLECTOR Al`'[D WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORNIATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. REINSTATEL&ENT AMOUNT .In connection with the above-captioned mattes, the amount required to bring the above referenced account current including Attorneys' fees and costs is S-1,157,26 effective through may 28. 2008. G1 3 37.3E Crc>oal Payment of this amount must be in the form r,>f cashier's check, certified check or attorney trust account check No cash, personal checks, or money orders will be accepted. Please make the funds payable to GOLDBECK MCCAFFERTY & MCKEE,VER and send to the above address. Please try- and send the funds THREE (3) DAYS PRIOR to the above date to allow processing and mailing to our client. We recommend that the payment be sent overnight delivery. Please call our office at 215-825-6333 to confirm that the funds were .received. FORECLOSURE WILL CONTINUE UNTIL FULL PAYMENT IS RECEIVED BY OTC OFFICE. THIS LETTER DOES NOT GRANT ANY EXTENSION OR GRACE PERIOD. DU NOT SEND PARTIAL PAYMENT'S,1CHEY WILL BE RETURNED TO YOU. If you do not have the full amount due, please contact (lender)'s home retention, workout or loss mitigation department. It is possible that additional expenditures may be incurred by either the mortgage company or this firm in the interim period between the time these figw,-es are generated and the time funds are tendered. We strive to avoid such expenditures to allow the homeowner sufficient time to tender payment; but at times, such expenditures are unavoidable. In this eveant, only the FULL reinstatement funds will be accepted to bring the account current, The fees and costs quoted are accurate based upon the date the figures were prepared. Some costs have been estimated as we do not have the actual amounts and do not want to delay issuing these figures. Any amounts collected over and above our actual and reasonable fees and costs incurred will be forwarded to our client to be applied to the homeowner's account or refunded to the homeowner. G : '7 9 CM-r 05/06/20e9 12:21 x177374127 JIS PAGE 03 Sheriffs Commission Explained: If the figure below contains a Sheriff s Commission, this commission is charged by the Sheriff based upon 2% of the amount owed for any property scheduled for Sheriffs Sale. The commission is owed from the moment we request the sale date from the Sheriff's office. This is true even if we do not have an assigned sale date or if the sale does not oce-ar. Property Inspections Explained: Inspection fees are charged to your account 4br monthly inspections performed in accordance with the terms of the mortgage and the guidelines established by HUD, VA and private investors. Inspections are performed to ensure that the property is occupied, or if not, that it is vacant and secure. These inspections help prevent vandalism and destruction of properties in foreclosure. Monthly payments 7 @ $865.03 $6,055.21 Escrow/ mpound Advance $58.63 Accumulated Late Charge Balance $282.17' Property Inspections $71.25 Foreclosure Costs $790.00 Foreclosure Counsel Fees $900.00 TOTAL AMOUNT DUE MORTGAGE COMPANY 8157.26 WIRIlVG INSTRUCTIONS use of the wire is subject.to ththortant information,: You mu_ st call or email Seth Gross at 215825-6329 (SGrossn,goldbeeklaw com) or Mike McKeever at 215-825-6303 (mmckeeve oldbecklaw.com when wire is sent and provide the wire confirmation number or fax this form with that information to 215-825-6429. IMPORTANT NOTICE: IF YOU INTEND TO WIRE FUNDS, YOU MUST CONTACT US WITH THE WIRE CONFIRMATION NUMBER ON THE DAY THE WIRE IS SENT. 'WE ARE NOT RESPONSIBLE FOR INCOMING WIRES UNLESS YOU NOTIFY US THAT THE WIRE IS SENT. We have had a few incidents where a wire is sent and we had no notice from the- sender and a properly was sold at sheriff s sale. Don't let this happen to you. We are not responsible for any charges, costs or additional fees incurred due to your failure to notify our office when the wire is sent. Bank Name: FIRSTRUST BANK 111 South Independence Mall East Philadelphia, Pa. 19106 Name on Account: Goldbeck McCafferty & McKeever Attorneys at Law ACCOUNT NUMBER 070.1100018 ABA ROUTING NUMBER 236073801 Wire sent date: Confiirmation# Seth Gross Paralegal 215-825-6329 (direct dial) mail ):S(-' ossajzgldbecklaw.coin Office use only: Funds to client $ CERTIFICATE OF SERVICE I, Melissa L. Van Eck, Esquire, counsel for Athena Brellos-Jiras, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Emergency Petition for Special Relief was served upon Joseph E. Jiras, by depositing same in the United States mail, first class on May 21, 2008, addressed as follows: Carl G. Wass, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 Date: By: VY" Melissa L. Van Eck, Esquire Attorney ID No.: 85869 7810 Allentown Blvd., Suite B. Harrisburg, PA 17112 (717)540-5406 MAY Etft"', ATHENA BRELLOS-JIRAS IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DIVORCE JOSEPH E. JIRAS f Defendant NO. 053980 Civil RULE TO SHOW CAUSE AND NOW, this.1jday of / •'' , 2008, a rule is hereby issued upon Defendant, Joseph E. Jiras, to show cause why the Emergency Petition for Special Relief Pursuant to Sections 3502(f), 3502(c) and 3323(f)and of the Divorce Code should not be granted. Rule returnable d Q' days from service. BY TIE COURT: J. distribution: Melissa L. Van Eck, Esquire, 7810 Allentown Blvd, Suite B, Harrisburg, PA 17112 (Plaintiff's Attorney) S? U _ ?5<(1'Ca ? Carl Wass, Esquire, 3631 North Front Street, Harrisburg, PA 17110 (Defendant's Attorney) r„a c ??ES ,r...19 lLCL S?aa?o$ LLj C\i r x ?... I J r Carl G. Wass, Esquire Attorney I.D. No. 07268 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Joseph E. Jiras, Defendant ATHENA BRELLOW-JIRAS, Plaintiff VS. JOSEPH E. JIR.AS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3980 CIVIL : CIVIL ACTION LAW IN DIVORCE DEFENDANT'S ANSWER TO EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW comes the Respondent/Defendant, Joseph E. Jiras, by and through his attorneys, Carl G. Wass Esquire, and Caldwell & Kearns, P.C., and files the following answer to the Emergency Petition for Special Relief, and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. It is admitted only that Petitioner left the Marital Residence. It is averred, as it was averred by Petitioner in the Complaint for Support which she filed on or about August 10, 2005, the separation occurred on or about July 1 Carl G. Wass, Esquire Attorney I.D. No. 07268 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Joseph E. Jiras, Defendant ATHENA BRELLOW-JIR.AS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-3980 C. ?v JOSEPH E. JIR.AS, CIVIL ACTION LAW Defendant IN DIVORCE DEFENDANT'S ANSWER TO EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW comes the Respondent/Defendant, Joseph E. Jiras, by and through his attorneys, Carl G. Wass Esquire, and Caldwell & Kearns, P.C., and files the following answer to the Emergency Petition for Special Relief, and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. It is admitted only that Petitioner left the Marital Residence. It is averred, as it was averred by Petitioner in the Complaint for Support which she filed on or about August 10, 2005, the separation occurred on or about July J 21, 2005. Finally, it is denied that your Respondent "created an intolerable environment" within the Marital Residence. 7. Admitted. By way of further answer, Respondent avers that in or about March, 2008, he voluntarily entered into a wage attachment agreement with West Shore Tax Bureau to provide for the payment of the sum of money due and owing to the said Bureau; one payroll deduction was effectuated and presumably was passed along to the said Bureau by Respondent's employer, prior to Respondent's termination from his employment on or about April 11, 2008. 8. Admitted. By way of further answer, it is averred that Petitioner did no more than pay what was the obligation undertaken by her, in agreement with Respondent, to wit: that the Pennsylvania American Water Company service charges were to be carried in the name of Petitioner and were to be paid by her as a part of her financial contribution to the marital expenses of the parties. Subsequent thereto, Respondent, who has been living alone within the Marital Residence for nearly three years, has caused the Pennsylvania American Water Company services to be transferred to his sole name. 9. Admitted. 10. Admitted. 11. It is admitted that Respondent has not made any payments toward the reduction of the delinquent tax bill; however, by way of partial answer to said allegation, it is averred by Respondent that payment of the real estate tax bills is a joint obligation of both Petitioner and Respondent in view of the fact that ownership of the subject real estate (Marital Residence) is maintained in joint ownership. Further, Respondent avers that Petitioner has been dilatory in the pursuit of the Complaint in Divorce which she 2 caused to be filed on or about August 4, 2005, and that responsible pursuit to a final conclusion of the Action in Divorce would have resulted in a resolution of the equitable distribution of marital property and marital debts. In short, Respondent avers that Petitioner is no more and no less responsible than is your Respondent for the payment of the delinquent tax bill. 12. Admitted. 13. Admitted. By way of explanation and further answer thereto, Respondent avers that his termination from employment by the County of Dauphin was legally unjustified, was contrary to the terms of the Collective Bargaining Agreement between Teamsters Local 776 and the County of Dauphin, and that within eight days of his notice of termination from employment, Respondent filed an official Report of Grievance seeking reinstatement to his employment, together with lost wages and benefits. The status of said Grievance is that, by reason of the waiver of the preliminary steps by the County of Dauphin, the Grievance will proceed directly to arbitration, the date for which has not yet been scheduled. Finally, Respondent avers that he has applied for unemployment compensation, has been approved for the receipt thereof and has, as of the date of this Answer, received, by direct deposit to his banking account several unemployment compensation payments. 14. Admitted. 15. The facts alleged by Petitioner, are known only to Petitioner and are neither admitted nor denied, but proof thereof, if relevant, is demanded. 16. The facts alleged by Petitioner, are known only to Petitioner and are neither admitted nor denied, but proof thereof, if relevant, is demanded. 3 I 17. The facts alleged by Petitioner, are known only to Petitioner and are neither admitted nor denied, but proof thereof, if relevant, is demanded. 18. Denied. Despite her having vacated the Marital Residence in July, 2005, Petitioner continues to have the keys thereto and continues to enter into the Marital Residence whenever she pleases. Petitioner has not seen any broken light fixtures in any room of the household, nor has she observed any other maintenance deficiencies, because --- none exist. Petitioner may have observed the absence of the light fixture in the first floor bathroom, the temporary removal of which was deliberately performed by Respondent so that he could repaint the bathroom. Respondent avers that he is a very meticulous individual and has carefully and meticulously continued to maintain both the exterior condition and appearance of the Martial Residence was well as the interior appearance and cleanliness thereof. It is admitted that the glass on the front of the oven door in the kitchen is cracked; however, that crack had existed for some undetermined period of time, but certainly, many months prior to July, 2005 when Petitioner left the Marital Residence. 19. Admitted in part, denied in part. Respondent does admit that on May 17, 2008, during the course of his spring cleaning of the Marital Residence he did collect from the garage at the Marital Residence an accumulation of "odds and ends" which no longer served any useful purpose and placed those articles upon the front yard of the Marital Residence. The timing of his conduct coincided with a nearby "neighborhood yard sale" in which Respondent did not directly participate but as to which he took whatever personal advantage he could by also placing his disposable articles in the front yard. Respondent realized $110 from the disposal of the discarded articles and fully 4 recognizes that he holds such proceeds as "marital property", subject to equitable distribution in the pending action in divorce. 20. Denied. For the reasons set forth in paragraph 19, it is denied that Respondent is dissipating any of the assets within the Marital Residence. 21. Denied. For the reasons set forth, both in paragraph 18 and 19, it is denied that Respondent is dissipating the value of the Marital Residence. Much to the contrary, Respondent avers that his repainting of the bathroom and his continued maintenance of the interior and exterior of the Marital Residence demonstrates his desire to preserve the value thereof. 22. It is admitted that the language of 23 Pa.C.S.A. §3502 (c) is correctly stated. 23. It is admitted that the language of 23 Pa.C.S.A. §3502 (f) is correctly stated. 23. (Reprise). It is admitted that the language of 23 Pa.C.S.A. §3323 is correctly stated. 24. Respondent opposes such request and respectfully requests your Honorable Court to direct that Petitioner proceed to prosecute to a conclusion the action in divorce which she caused to be filed nearly three years ago, to wit: on August 4, 2005. Pursuit thereof to its final conclusion will lead to a lawful and proper disposition of marital assets and debts, including the Marital Residence. 25. Respondent opposes the request of Petitioner not only for those reasons set forth in paragraph 24 of his Answer but also because Petitioner's allegation of her payment of a single, delinquent American Water Company utility bill ignores the fact that since July 2005, it has been Respondent who has paid all utility bills, but for that single one paid by Petitioner; that the allegations of Petitioner regarding her partial payment of delinquent taxes represents nothing more then the fact that Petitioner has participated 5 in the payment of an obligation which she shares with Respondent; and, Petitioner's allegation further ignores the obvious fact that if seven required monthly mortgage payments have not been made as of May 2, 2008, of necessity, that means in the thirty- three months that have otherwise passed since August 4, 2005, no less than twenty-six monthly mortgage payments have been sent by Respondent to GMAC and have been received by GMAC. 26. Admitted. WHEREFORE, Respondent, Joseph E. Jiras, requests your Honorable Court to deny the requests of Petitioner and deny her Petition, thereby permitting the "status quo" (which has existed since on or about July 21, 2005) to continue, and direct that Petitioner proceed to implement the normal and customary processes leading toward a final Divorce Decree which she has thus far failed to utilize. Respectfully submitted: Date: )v 4 (, , Z `?{ Carl G. Wass, Esq Attorney I.D. No. 072 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Respondent/Defendant Joseph E. Jiras 6 VERIFICATION I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaC.S. § 4904 relating to unsworn falsification to authorities. !o GY 7 CERTIFICATE OF SERVICE AND NOW, this (a`Sday of _,v- wz , 2008, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Melissa L. Van Eck, Esquire 7810 Allentown Boulevard - Suite B Harrisburg, PA 17112 133986 CALDWELL & KEARNS By ?` c o v°} ? ?._ : ?;° -?., r ?, ? ? m c,C) ? ? .?:'?-:` ? C.?t G?'1 ATHENA BRELLOS-JIRAS Plaintiff, JOSEPH E. JIRAS VS. Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. 05-3980 Civil EMERGENCY PETITION FOR HEARING ON PLAINTIFF'S EMERGENCY PETITON FOR SPECIAL RELIEF Pursuant to Sections 3502(f), 3502(c) and 3323(f) and of the Divorce Code AND NOW, comes, Petitioner, Athena Brellos-Jiras, by and through her attorneys, Van Eck & Van Eck, P.C. and files the within Petition, and in support thereof, avers as follow: 1. Petitioner is Plaintiff in the above captioned divorce action. Petitioner resides at 2020 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent is Defendant in the above captioned divorce action. Respondent resides at 2014 Lincoln Street, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter referred to as "Marital Residence"). 3. On or about May 21, 2008, Petitioner filed an Emergency Petition for Special Relief. 4. On or about May 22, 2008, a 20 Rule to Show was entered. 5. On or about June 6, 2008, Respondent filed an Answer to the Emergency Petition for Special Relief. 6. On or about June 9, 2008, GMAC Mortgage, LLC filed an Action for Mortgage Foreclosure against the parties. 7. On or about July 3, 2008, the parties received a Notice of Public Sale for delinquent taxes owed to the Cumberland County Tax Claim Bureau. 8. Petitioner believes and therefore avers that Respondent is conducting yard sales in which he is selling marital property from the Marital Residence. 9. Petitioner believes and therefore avers that Pennsylvania American Water has shut the water services off to the Marital Residence. Respondent has been living in the Marital Residence without water since July 10, 2008, or before. Respondent has exercised physical custody of the parties's minor child during this time. 10. Petitioner believes and therefore avers that Respondent is dissipating the assets within the Marital Residence. 11. Petitioner believes and therefore avers that Respondent is dissipating the value of the Marital Residence. 12. Petitioner would request that this Honorable Court allow her to purchase the Marital Residence for fair market value. All remaining funds after the payment of all monies due and owing on the Marital Residence will be placed into escrow until a determination by the Divorce Master. 13. Petitioner would request that this Honorable Court grant her exclusive possession of the Marital Residence. 14. Petitioner would request that this Honorable Court Order Respondent to vacate the Marital Residence immediately. WHEREFORE, Petitioner, Athena Brellos-Jiras, respectfully requests this Honorable Court to grant her exclusive possession of the Marital Residence, allow Petitioner to purchase the Marital Residence for fair market value, to grant an Order instructing Respondent, Joseph E. Jiras to vacate the Marital Residence immediately, and such others Orders as this Honorable Court deems just and proper. Respectfully submitted, VAN ECK & VAN ECK, P.C. Date: t7-OQ -OR -1 I %K R I JIAe U-&l 1 /{ ? Vk 4w.-v% 4.d. Melissa L. Van Eck, Esquire Attorney ID No.: 85869 7810 Allentown Blvd., Suite B. Harrisburg, PA 17112 (717)540-5406 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Melissa L. Van Eck, Esquire, counsel for Athena Brellos-Jiras, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Emergency Petition for Hearing was served upon Joseph E. Jiras, by depositing same in the United States mail, first class on July 22, 2008, addressed as follows: Carl G. Wass, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 Date: ?? aa_ By: Vdab (Y,, &9 Melissa L. Van Eck, Esquire Attorney ID No.: 85869 7810 Allentown Blvd., Suite B. Harrisburg, PA 17112 (717)540-5406 t i ? J? ,. , k ,? ?y -3'? t_- --- ?` T C'k l ? ? ?;; ? -? (?r'; 'ih.- _ ? `', r t "?"'t c.w ? ? 1;7 ?_.. ?-? v ATHENA JOSEPH E. AND N Eck & Van Eck 1. ] 2020 Market St 2. resides at 2014 referred to as "] 3. Relief. 4. 5. for Special •JIRAS IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DIVORCE Defendant NO. 05-3980 Civil EMERGENCY PETITION FOR HEARING ON PI EMERGENCY PETITON FOR SPECIAL RELIEF to Sections 3502(8.3502(c) and 3323(f) and of the DiN W, comes, Petitioner, Athena Brellos-Jiras, by and through her attorneys, Van P.C. and files the within Petition, and in support thereof, avers as follow: Aitioner is Plaintiff in the above captioned divorce action. Petitioner resides at ;et, Camp Hill, Cumberland County, Pennsylvania 17011. espondent is Defendant in the above captioned divorce action. Respondent ,mcoln Street, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter [arital Residence"). n or about May 21, 2008, Petitioner filed an Emergency Petition for Special or about May 22, 2008, a 20 Rule to Show was entered. or about June 6, 2008, Respondent filed an Answer to the Emergency Petition 6. n or about June 9, 2008, GMAC Mortgage, LLC filed an Action for Mortgage Foreclosure agai st the parties. 7. O or about July 3, 2008, the parties received a Notice of Public Sale for delinquent taxes wed to the Cumberland County Tax Claim Bureau. 8. P titioner believes and therefore avers that Respondent is conducting yard sales in which he is selli g marital property from the Marital Residence. 9. P titioner believes and therefore avers that Pennsylvania American Water has shut the water se ices off to the Marital Residence. Respondent has been living in the Marital Residence witho t water since July 10, 2008, or before. Respondent has exercised physical custody of the p ies's minor child during this time. 10. P itioner believes and therefore avers that Respondent is dissipating the assets within the Marita Residence. 11. Pe itioner believes and therefore avers that Respondent is dissipating the value of the Marital Resid nee. 12. Pe itioner would request that this Honorable Court allow her to purchase the Marital Resident for fair market value. All remaining funds after the payment of all monies due and owing on the Marital Residence will be placed into escrow until a determination by the Divorce Master. 13. Pe itioner would request that this Honorable Court grant her exclusive possession of the Marital Res dente. 14. Pe tioner would request that this Honorable Court Order Respondent to vacate the Marital Resid ce immediately. 15. T Plaintiff s Emer; 16. P for Respondent. Honorable Edward E. Guido previously signed the Rule to Show Cause to Petition for Special Relief. by and through her counsel contacted Carl G. Wass, counsel Attorney Wass indicated that he does not object to the filing of this Petition. Petitioner, Athena Brellos-Jiras, respectfully requests this Honorable Court to grant hor exclusive possession of the Marital Residence, allow Petitioner to purchase the Marital Residence for fair market value, to grant an Order instructing Respondent, Joseph E. Jiras to vacate the Marital Residence immediately, and such others Orders as this Honorable Court deems just and proper. Respectfully submitted, VAN ECK & VAN ECK, P.C. Date: I tJ )L xw xiin uw env P- ni ?= v v Melissa L. Van Eck, Esquire Attorney ID No.: 85869 7810 Allentown Blvd., Suite B. Harrisburg, PA 17112 (717)540-5406 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Melissa L. Van Eck, Esquire, counsel for Athena Brellos-Jiras, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Amended Emergency Peti ion for Hearing was served upon Joseph E. Jiras, by depositing same in the United States m 'l, first class on July 24, 2008, addressed as follows: Carl G. Wass, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 Date: By. 44Aw (Y- cL. Van Eck, Esquire Attorney ID No.: 85869 7810 Allentown Blvd., Suite B. Harrisburg, PA 17112 (717)540-5406 C`? ?° ? r. , ? =; r ??1 t ?r ..-"? °) ?? `? ?? ' JUL 2 4 2008 3 ATHENA BRELLOS-JIRAS Plaintiff, vs. JOSEPH E. JIRAS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. 05-3980 Civil ORDER AND NOW, this 9? r day of , 2008, upon consideration of the Emergency Petition for Hearing filed on behalf of Petitioner, Athena Brellos-Jiras, it is hereby directed that the above parties and their respective counsel appear for a hearing on the ?• day .0" of , 2008 at ;-&.m., in Courtroom of the Cumberland County Courthouse located at One Courthouse Square, Carlisle, Pennsylvania. Di bution: lissa L. Van Eck, Esquire, 7810 Allentown Blvd, Suite B, Harrisburg, PA 17112 Larl Wass, Esquire, 3631 North Front Street, Harrisburg, PA 17110 N J. heir t'?i'?` Pm'AF 111 V sz Inr CON '1G .k{ ]'Hi 0 r,,. C-01 T 11 ATHENA BRELLOS-JIRAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 05-3980 CIVIL TERM JOSEPH E. JIRAS, CIVIL ACTION - LAW Defendant DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 6th day of August, 2008, after hearing, we enter the following order: 1. Husband is directed to reinstate the first mortgage and make arrangements to either reinstate or satisfy the second mortgage by August 25, 2009. He is further directed to timely make all payments due on the mortgage thereafter. 2. In the event that Husband does not comply with Condition No. 1, Wife shall be entitled to exclusive possession of the marital home upon compliance with the following conditions: A. She has deposited sufficient funds in her attorney's escrow account to reinstate the first and second mortgages by September 5, 2008. B. Wife's counsel shall then give notice that said funds have been received to Father's counsel and Father shall vacate the premises by September 15, 2008. 3. After the conditions in No. 2 have been met, Wife shall be entitled to exclusive possession of the marital residence and she shall be responsible for all future payments due on both the first and second mortgages. Nothing in this order is meant to suggest how the parties' marital property should be equitably divided including the marital residence. These matters are properly left to the Divorce Master who may consider each party's contribution towards the acquisition, preservation, and dissipation of all marital property ti 61 including the marital residence. By the cpuxrt , . Gu /elissa L. Van Eck, Esquire vVVVFor the Plaintiff C IXarl Wass, Esquire J For the Defendant :mlc O YNVP?l SNN'- rd ? z : [ 1 wv Z i one oz ATHENA BRELLOS-JIRAS IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANI A vs. NO. 05-3980 CIVIL TERM JOSEPH E. JIRAS, CIVIL ACTION Defendant DIVORCE ' ryy STATEMENT OF INTENTION TO PROCEED'` -- ' To the Court: Plaintiff, Athena Brellos-Jiras, intends to proceed with the above captioned matter. Respectfully submitted, METTE, EVANS & WOODSIDE By: Melis a L. Van Eck Sup. Ct. I.D. No. 85869 Dated: August 29, 2011 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorney for Plaintiff 542321vl ATHENA BRELLOS-JIRAS IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-3980 CIVIL TERM JOSEPH E. JIRAS, CIVIL ACTION Defendant DIVORCE MOTION FOR APPOINTMENT OF MASTER =M __0 t° ` *_0:'-!-i C;0 c ; , Plaintiff, Athena Brellos-Jiras, moves the court to appoint a master with respect to the following claims: - X Divorce X Distribution of Property ? Annulment ? Support = = o - c ? Alimony X Counsel Fees > --E `y ? Alimony Pendente Lite X Costs and Expenses -? ?. and in support of the motion states: I . Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The non-moving party has appeared in the action with counsel, however it Defendant's attorney passed away and Plaintiff has not been made aware of who is representing Defendant. 3. The statutory ground(s) for divorce are sections 3301(c) or 3301(d) 4. The action is contested with respect to the following claims: distribution of property, counsel fees and costs 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. Respectfully submitted Date: By: i _6jaQ Y, lkli Melissa L. Van Eck, Esquire Attorney ID: 85869 3401 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff AND NOW, , 2011, Esquire, is appointed master with respect to the following claims: BY THE COURT: J MOVING PARTY NON-MOVING PARTY NAME: Athena Brellos-Jiras NAME: Joseph E. Jiras ATTORNEY'SA NAME: Melissa L. Van Eck, Esq. ATTORNEY'SA NAME: ATTORNEY'S ADDRESS: 3401 N. Front Street, Hbg, PA 17110 ATTORNEY'S ADDRESS: ATTORNEY'S TELEPHONE NUMBER: 717-232-5000 ATTORNEY'S TELEPHONE NUMBER: ATHENA BRELLOS-JIRAS IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLV ENLV ,-., M MW -, vs. 3 NO. 05-3980 CIVIL TERM JOSEPH E. JIRAS, CIVIL ACTION r Defendant DIVORCE PRAECIPE TO WITHDRAW COUNT II, COUNT III, COUNT IV AND COUNT IV FROM DIVORCE COMPLAINT TO THE PROTHONOTARY: Please withdraw Count II- 3301(a)(2) and (a)(6), Count III - Equitable Distribution, Count IV - Support, Alimony and Alimony Pendente Lite and Count V - Costs and Counsel Fees from the Divorce Complaint filed by Plaintiff on August 4, 2005 in connection with the above- captioned matter. Respectfully Submitted, METTE EVANS & WOODSIDE Date: / B Melissa L. Van Eck, Esquire Attorney for the Plaintiff Attorney ID #85869 3401 North Front Street Harrisburg, PA 17110 Telephone: 717-232-5000 55otzovl Ti? 110 BE R L A IN s' tR,?., . PIENNJ y 1, ?"I A ATHENA BRELLOS-JIRAS : IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. ; NO. 05-3980 CIVIL TERM JOSEPH E. JIRAS, ; CIVIL ACTION Defendant DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) and (d) of the Divorce Code was filed on August 4, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety - (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unworn falsification to authorities. Date: L/lo)s 1,-,2, - oCc.t?'i 4;h6ena B ?rellos-Jiras Plaintiff 541511v1 f _ .ijTiI'tC. € 27 r'tH I I 'cNS4`LVr,1HIA ATHENA BRELLOS-JIRAS IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-3980 CIVIL TERM JOSEPH E. JIRAS, CIVIL ACTION Defendant DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities. Date: /w-s L Athena Brellos-Jias Plaintiff 541512v1 t?tlrCCfiCt? fGOU" ATHENA BRELLOS-JIRAS IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 0`-3980 CIVIL TERM JOSEPH E. JIRAS, CIVIL ACTION Defendant DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) and (d) of the Divorce Code was filed on August 4, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety - (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities. G!-- Date: NOrFey , publ, pvrt 4 Jos E. Jiras Defendant commoNwmTH of rENNSYLVANIA Notadai Seal Jamie chrispen, Notary Pubik Lower Paxton Up., Dauphin county My commission E*m )an. 7, 2014 Member, Pennsvlvanla Assoclation Or NOtarles rri"r!?r1?tf ( 1j?- RL 1 it r0U! T rp P_V!I `:'E_''APll ATHENA BRELLOS-JIRAS IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. Of)-3980 CIVIL TERM JOSEPH E. JIRAS, CIVIL ACTION Defendant DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities. Date: ?? 'h 1? E. Jiras VenDdant tot Pubbiv Al I 1-;L COIMMOWA TH OF PENNSYLVANIA NOW" SW Lamle C VNM Notary Pubk Lower ftftn TwP., DauPMn C=Vty Gera "M EapNes lsn. 7, 2014 rm.b , pennMvanle Associador? of Notables ATHENA BRELLOS-JIRAS IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DIVORCE JOSEPH E. JIRAS, Defendant NO. 05-3980 AFFIDAVIT OF SERVICE I do hereby state that I served a true and correct copy of the Complaint in Divorce,, in t above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, certified mail, return receipt requested, in Harrisburg, Pennsylvania, and delivered on August 19, 2005, as per the attached return receipt card, addressed to: Joseph E. Jiras 2014 Lincoln Street Camp Hill, PA 17011 Respectfully submitted, lY7e0r„?n ' ?d a ?e?N Melissa L. Van Eck, Esquire Attorney ID No. 85869 3401 North Front Street Harrisburg, PA 17110 (717)232-5000 Attorney for Plaintiff Date: 45 "U115- ' L EXHIBIT "A" 573471v1 1 laff 1 _ M ah' . ig 3 i Certtietl 'ea i Return Rec epi 'ea :Endorse,nent R uwi ed) : F FtestrictA Delivery be I ;Endorsement R (lui ad) I rotal Postage & P res Sheet, Apt.lVo.; - or PO Box No. J aty, 57ate, ZIP+ 3 ?( `? kugust S, P mar ere, 9, pia Certified and Regular Mail osepli E. Jiras :014 Lincoln Street Camp Hill, PA 17011 ECK & VAN ECK, RC TTORNEYS AT LAW P.O. BOX 6662 LENTOWN BLVD., SUITE B kB.RISBURG, PA 17112 E-mail: vaneck@comcast.net Ite: Athena Brellos-Jiras v. Joseph E. Jiras Docket No.: 2005-03981 and 2005-03980 I)ear Mr. Jiras: Enclosed is a Certified copy of the Complaint for Custody filed and Complaint in Divorce filed ri the above referenced matters. F lease take these documents to your attorney at once. Very truly yours, EVAN ECK & VAN ECK, P.C. Melissa L. Van Eck Enclosure(s) i C N I m m L .D z n- o ,q o C3 U _ N N 0 ¢ O V Ln rq m ti 0 0 U_ N ? N d E O Z M N y U C Q N itt • (D 7 C Q CD ? I N N (D r+ O c Ivn j CD VV _ ^? v Q a (CD m v V N M N _ C K m 0 D m c O c D U m n m _0 -V '. CD COQ y vH' cr - C? n X Z CD O P. N -n _ fD ?. O N = 0) a ATHENA BRELLOS-JIRAS IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-3980 CIVIL TERM JOSEPH E. JIRAS, CIVIL ACTION Defendant DIVORCE ORDER AND NOW, this /S" day of !10 , 2012, it is hereby ORDERED and DECREED that the Appointment of Divorce Master is revoked. BY THE COURT: C ? n.a tV.v . 7-7 A C-31 ? 73 ' Me l,skt L. tfan ?c? ?sSl` f L , Ct?U?;T:rYl?i THE COURT OF COMMON PLEAS ATHENA BRELLOS-JI , S, ` PlaintiY` :CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DIVORCE JOSEPH E. JIRAS, Defendant. :NO.: 05-3980 CIVIL TERM PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of an appropriate decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Served via certified mail on August 19, 2005. Affidavit of Service filed May 29, 2012. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on April 25, 2012; by defendant April 17, 2012. (b)(1) Date of execution of the plaintiff s affidavit required by Section 3301(d) of the Divorce Code: N/A; (2) Date of service of the plaintiffs affidavit upon the defendant: N/A. 4. Related claims pending: None. 5. Complete either (a) or (b). a. Date and manner of service of the notice of intention to file praecipe a copy of which is attached: b. Date Plaintiff s Waiver of Notice was filed with the Prothonotary: Executed on April 25, 2012; filed April 27, 2012. Date Defendant's Waiver of Notice was filed with the Prothonotary: Executed on April 17, 2012; filed April 27, 2012. Respectfully submitted, diAlh (4 it V114 Melissa L. Van Eck, Esquire Attorney ID No.: 85869 3401 North Front Street Harrisburg, PA 17110 (717) 232-5000 Date: f - I q - I ? CERTIFICATE OF SERVICE I, Melissa L. Van Eck, Esquire, counsel for Athena Brellos-Jiras, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Praecipe to Transmit was served upon Joseph Jiras by depositing same in the United States mail, first class, addressed as follows: Joseph Jiras 2014 Lincoln Street Camp Hill, PA 17011 Date: (.P_ l ID 4YIzA?a ^?k? ?'Q Melissa L. Van Eck, Esquire 3401 North Front Street Harrisburg, PA 17110 Telephone: 717-232-5000 Attorney for Plaintiff 572s99vl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Athena Brellos-Jiras V. Joseph E. Jiras NO. OS--3980 DIVORCE DECREE AND NOW, Mae l(. A ??:6t AM 1011, , it is ordered and decreed that Athena Brellos-Jiras , plaintiff, and Joseph E. Jiras , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, cop r a/ W