HomeMy WebLinkAbout05-3981
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. tJ5. 3 9 r { C;;J fu-.
ATHENA BRELLOS-HRAS,
Plaintiff
JOSEPH E. HRAS,
Defendant
CIVIL ACTION - CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Athena Brellos-Jiras who has a current mailing address at 2020
Market Street, Camp Hill, Cumberland County, Pennsylvania 17011.
2. The Defendant is Joseph E. Jiras who currently resides at 2014 Lincoln Street,
Camp Hill, Cumberland County, Pennsylvania 17011.
3. The Plaintiff seeks primary physical custody of the following child:
NAME
PRESENT RESIDENCE
AGE
Jonas Edgar Jiras
2014 Lincoln Street
Camp Hill, P A 17011
5
The child was not born out of wedlock.
The child is presently in the custody of Plaintiff, who has a current mailing
address of 2020 Market Street, Camp Hill, Cumberland County, Pennsylvania.
During the past five (5) years, the child has resided with the following persons and
at the following addresses:
NAME
ADDRESS
DATES
Mother and Father
2014 Lincoln Street
Camp Hill, PA 17011
Birth - July 20, 2005
Mother and Aunt
Carlisle
July 21, 2005 - Present
The mother of the child Plaintiff, whose current mailing address is 2020 Market
Street, Camp Hill, Cumberland County, Pennsylvania 17011.
She is married.
The father of the child is Defendant, currently residing at 2014 Lincoln Street,
Camp Hill, Cumberland County, Pennsylvania 17011.
He is married.
4. The relationship of Plaintiff to the child is Mother. The Plaintiff currently resides
with the following persons:
RELATIONSHIP
NAME
Jonas Jiras
Jane Mallios
Son
Sister
5. The relationship of Defendant to the child is that of Father. The Defendant
currently resides with the following persons:
NAME
Self
RELATIONSHIP
6. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another Court.
7. Plaintiff has no information of a custody proceeding concerning the child pending
in a Court of this Commonwealth.
8. Plaintiff does not know of a person not a party to these proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to the
child.
9. The best interest and pennanent welfare of the child will be served by granting the
relief requested because the Plaintiff can provide a stable, safe, and secure environment and can
provide for the child's emotional, psychological and spiritual needs. Further, the child views the
Plaintiff as a source of stability, a source of love, and a source of emotional support.
10. Each parent whose parental rights to the child has not been terminated and the
person who has physical custody of the child has been named as parties to this action. All other
persons, named below, who are known to has or claim a right to custody or visitation of the child
have been given notice of the pendency of this action and the right to intervene: None.
WHEREFORE, Plaintiff requests the Court to grant shared legal custody to Plaintiff and
Defendant, primary physical custody to Plaintiff with the Defendant having partial physical
custody of the minor child.
Respectfully submitted,
Date: 'S- -1--05
By ~ r:llluld
Mehss L. VanEck, Esquire
Attorney J.D. #85869
7810 Allentown Blvd. Suite B
P. O. Box 6662
Harrisburg, PA 17112
Telephone: (717) 540-5406
Attorney for Plaintiff
VERIFICATION
I, Athena Brellos-Jiras, verifY that the statements made in the foregoing CUSTODY
COMPLAINT 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. 94904,
relating to unsworn falsification to authorities.
Date:
-g /3/05
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ATHENA BRELLOW-JIRAS
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
05-3981
CIVIL ACTION LAW
JOSEPH E. JIRAS
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Monday, August 08, 2005
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq.
at 39 West Maiu Street, Mechauicsbur2, fA 17055 on Tuesday, September 13, 2005
, the conciliator,
at 8:30 AM
for a Pre-Hearing Custody Conference. At such eon ference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children aj!;e five or older may also be present at the conference. Failure to appear at the conferenee may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: Isl
Dawn S. Sunday. Esq.
Custody Conciliator
vL
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Aet of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the eourt, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR A TTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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ATHENA BRELLOS-JIRAS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-3981 Civil
JOSEPH E. JIRAS,
CIVIL ACTION - CUSTODY
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.
Respectfully submitted,
Dated: Y \ L ,2005
By: ~
Carl G. Wass, uire
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, P A 1711 0
(717) 232-7661
Attorney LD. 07268
05-553/91429
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ATHENA BRELLOS-JIRAS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-3981 Civil
JOSEPH E. JIRAS,
CIVIL ACTION - CUSTODY
Defendant
DEFENDANT'S COMPLAINT FOR CUSTODY
I)
The Defendant/Complainant is Joseph E. Jiras who resides at 2014 Lincoln
Street, Camp Hill, Cumberland County, Pennsylvania, 170 II.
2)
The PlaintifflDefendant upon the within I~omplaint, is Athena Brellos-Jiras
who resides at 2014 Lincoln Street, Camp Hill, Cumberland County, Pennsylvania, 17011.
3) The Defendant/Complainant seeks primary physical custody of the following child:
Name
Present Residence
Age
Jonas Edgar Jiras
2014 Lincoln Street
Camp Hill, P A 17011
5
(Born January 20, 2000)
The child was not born out of wedlock.
The child is presently in the custody of both the Defendant/Complainant and the
Plaintiff/Mother who reside under the same roof at 2014 Lincoln Street, Camp Hill, Cumberland
County, Pennsylvania, 17011.
During the past five (5) years, the child has resided with the following persons at the
following addresses:
Name Address
Date
Natural Mother & Natural Father 2014 Lincoln Street
Camp Hill, PA 17011
1/20/2000-7/23/2005
Natural Mother & Maternal Aunt Carlisle P A
7/23/2005-8/6/2005
Natural Mother & Natural Father 2014 Lincoln Street
Camp Hill, PA 17011
8/6/2005-Present
The father of the child is the Plaintiff herein (Defendant in the underlying action),
currently residing at 2014 Lincoln Street, Camp Hill, Cumberland County, Pennsylvania, 17011. He
is married to the natural mother of the child.
The mother of the child, Defendant herein (Plaintiff in the underlying action) is
currently residing at 2014 Lincoln Street, Camp Hill, Cumberland County, Pennsylvania, 17011.
She is married to the natural father of the child.
4) The relationship of the Plaintiff in the instant complaint (Defendant in the
underlying action) is natural father. The natural father currently resides in the jointly owned home
of the Plaintiff and Defendant, although the Plaintiff and Defendant are separated within the home,
and the minor child, Jonas Edgar Jiras, resides in that same home.
5) Plaintiff in the within complaint has not paliicipated as a party or witness, or
in another capacity, in other litigation concerning the custody ofth\~ child in this or another Court.
6) Plaintiff in the within action has no infOlmation of a custody proceeding
concerning the child pending in a Court of this Commonwealth.
7) Plaintiff in the within action does not know of a person not a party to these
proceedings who has physical custody of the child or claims to have custody or visitation rights with
respect to the child.
8) The best interest and permanent welfare of the minor child will be served by
granting the relief requested because the Plaintiff in the within Complaint can better provide for a
stable, safe and secure environment and can better provide for the child's emotional, psychological
and spiritual needs. Furthermore, the employment work schedule of the Plaintiff in the within
Complaint (natural father) enables him to be present with the minor child during all of the normal
five (5) workdays of each week, his work schedule requiring him only to work on weekends.
9) Each parent whose parental rights to the child has not been terminated and the
person who has physical custody of the child has been named as parties to this Action. All other
persons, named below, who are known to has or claim a right to custody or visitation of the child
have been given notice of the pendency of this Action and the right to intervene: None.
WHEREFORE, Plaintiff in the within Complain requests Your Honorable Court to
enter an Order granting shared legal custody to the natural father (Plaintiff herein) and natural
mother (Defendant herein) and to grant primary physical custody to the natural father (Plaintiff
herein), with the Defendant herein (natural mother) having partial physical custody of the minor
child.
Respectfully submitted,
Dated: _~~
l 0;; , 2005
By:
~~~
Carl G. Wass, EsqUl
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, P A 1711 0
(717) 232-7661
Attorney I.D. 07268
05-553/91430
UNSWORN AFFIDAVIT
The undersigned, does hereby verify that the following statements 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.
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ATHENA BRELLOS-JIRAS
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
05-3981
CIVIL ACTION LAW
JOSEPH E. JIRAS
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Wednesday, August 24, 2005
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq.
at 39 West Main Street, Mechanic_burg, PA 17055 on Wednesday, September 14, 2005
, the conciliator,
at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children aj!;e five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: I_I
Dawn S. Sunday. Esq.
Custody Conciliator
.J't--
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Oisabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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ATHENA BRELLOW-J1RAS
Plaintiff
RECE:'/En S:P 1 G ~OIY5 (l"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
05-3981
CIVIL ACTION LAW
JOSEPH E. J1RAS
Defendant
IN CUSTODY
ORDER OF COURT
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AND NOW, this '.vv day of ~" , 2005, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Mother, Athena Brellow-Jiras, and the Father, Joseph E. Jiras, shall have shared legal
custody of Jonas Edgar Jiras, born January 20, 2000. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions regarding his health, education
and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and
information pertaining to the Child including, but not limited to, school and medical records and
information.
2. The parties shall have physical custody of the Child in accordance with the following
schedule:
A In every week, the Father shall have custody of the Child from Tuesday at 9:00 a.m.
through Thursday at 9:00 p.m.
B. In every week, the Mother shall have custody of the Child from Thursday at
9:00 p.m. through Tuesday at 9:00 a.m.
3. The parties shall share or alternate having custody of the Child on holidays as follows:
A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run
from Christmas Eve at 2:00 p.m. through Christmas Day at 2:00 p.m., and
Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26
at 2:00 p.m. In odd numbered years, the Father shall have custody of the Child
during Segment A and the Mother shall have custody during Segment B. In even
numbered years, the Mother shall have custody of the Child during Segment A and
the Father shall have custody during Segment B.
B. New Year's: The parties shall alternate having custody of the Child over the New
Year's holiday from 8:00 p.m. on New Year's Eve through New Year's Day at
8:00 p.m., with the Father having custody in odd numbered years and the Mother
having custody in even numbered years. For purposes of this provision, the entire
New Year's holiday shall be deemed to fall in the same year as New Year's Eve.
C. Thanksgiving: The parties shall alternate having custody of the Child over
Thanksgiving from 8:00 p.m. on the Wednesday before Thanksgiving through
8:00 p.m. on Thanksgiving Day. The Mother shall have custody over Thanksgiving
in odd numbered years and the Father shall have custody in even numbered years.
In the event either party plans to travel with the Child over the Thanksgiving
holiday, the parties shall be reasonable and flexible in extending the period of
custody to permit travel time as arranged by agreement.
D. Easter: Each party shall be entitled to have custody of the Child for his or her
celebration of the Easter religious holiday, from 8:00 p.m. on the day before the
holiday through 8:00 p.m. on the holiday.
E. Memorial Day/July4thlLabor Day: In even numbered years, the Mother shall have
custody of the Child for the Memorial Day and Labor Day holidays and the Father
shall have custody for July 4th. In odd numbered years, the Father shall have
custody of the Child for the Memorial Day and Labor Day holidays and the Mother
shall have custody for July 4th. Unless otherwise agreed, the holiday periods of
custody shall run from 8:00 p.m. on the day before the holiday through 8:00 p.m. on
the day of the holiday.
F. Mother's Day/Father's Day: In every year, the Mother shall have custody ofthe
Child on Mother's Day and the Father shall have custody of the Child on Father's
Day from 8:00 p.m. on the day before the holiday through 8:00 p.m. on the day of
the holiday.
G. The holiday custody schedule shall supercede and take precedence over the regular
custody schedule.
4. Each party shall be entitled to have custody of the Child for two non-consecutive weeks each
year upon providing at least 30 days advance notice to the other party. The party providing notice first
under this provision shall be entitled to preference on his or her selection of vacation dates.
5. In the event either party is unavailable during his or her period of custody to provide care for
the Child for a period of four hours or longer, that party shall first contact the other party to offer the
opportunity to provide care for the Child during the period of unavailability before contacting third
party caregivers.
6. In the event either party intends to remove the Child from his or her residence for an
overnight period or longer during his or her period of custody, that parent shall notify the other parent
in advance ofthe address and telephone number where the Child can be contacted.
7. The non-custodial parent shall be entitled to have reasonable telephone contact with the
Child.
8. The Father shall ensure that the Child is not placed in the care or company of Sandra
Conover.
9. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
10. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
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cc: ~Jissa L. VanEck, Esquire - Counsel for Mother
0id G. Wass, Esquire - Counsel for Father
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ATHENA BRELLOW-JIRAS
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
05-3981
CIVIL ACTION LAW
JOSEPH E. JIRAS
Defendant
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
I. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Jonas Edgar Jiras
January 20, 2000
Mother/Father
2. A conciliation conference was held on September 14,2005, with the following individuals in
attendance: The Mother, Athena Brellow-Jiras, with her counsel, Melissa L. Van Eck, Esquire, and the
Father, Joseph E. Jiras, with his counsel, Carl G. Wass, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
s; fh-~ I ~ dOOS
Date
{;~'h ~~ 1:7
Dawn S. Sunday, Esquire
Custody Conciliator
ATHENA BRELLOW-JIRAS IN THE COURT OF COMMON PLEAS OF(')
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVA:$1A
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2005-3981 CIVIL ACTION LAW 0'
JOSEPH E. JIRAS 'c ;
IN CUSTODY ? • '`}
ORDER OF COURT
AND NO%V: , Wednesday, January 25, 2012 upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, February 23, 2012 at 12:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot he accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry ofa temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: .s/ Dawn S. Sunday Esq
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilitcs Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN A",TORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
/ Tele hone (717) 249-3166
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ATHENA BRELLOW JIRAS IN THE COURT OF COMMON PLEASF
Plaintiff CUMBERLAND COUNTY, PENNSYLV-A A N --
=M M
VS. 2005-3981 CIVIL ACTION LAW
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CD
JOSEPH E. BRAS < C
Defendant IN CUSTODY c. 'Z'-;73
5 N !:, t .
ORDER OF COURT
AND NOW, this ? day of 2a12 '26}2, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
w 44&A *,"_ ('oar" - Q-wA i s. ;.t 446L &d- N.. *44-g0-)?kc
1. The parties shall make arrangements for the Child to participate in counseling with a
professional selected by agreement between the parties. The parties shall select the counselor and
contact the counselor's office within two weeks of the date of the custody conciliation conference in
order to schedule the first session. The purpose of the counseling shall be to assess the Child's
emotional well-being in light of the conflicts which have arisen in the family, provide guidance to the
parents as to the Child's needs and facilitate the reestablishment of the relationship between the Father
and the Child. The parties shall follow the recommendations of the counselor with regard to the
frequency and duration of the counseling as well as either. parent's participation in any of the
counseling sessions. Any costs of the counseling which are not covered by insurance shall be shared
equally between the parties. The parties shall follow any recommendations of the counselor with
regard to additional counseling for the parties jointly (co-parenting counseling) or individually. The
parties shall also follow the recommendations of the counselor with regard to reestablishing ongoing
contact between the Father and the Child.
2. Within one week of the custody conciliation conference, the Father shall provide the Child's
medical insurance information/card to the Mother through counsel.
3. This Order is entered without prejudice to the Father's ability to raise his current allegations
in the Contempt Petition in future proceedings.
4. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
T,
TKor?nas A. Placey
cc: V Karl E. Rominger Esquire - Counsel for Father
/Melissa L. VanEck Esquire - Counsel for Mother Common Pleas Judge
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ATHENA BRELLOW JIRAS
Plaintiff
VS.
JOSEPH E. JIRAS
Defendant
Prior Judge: Edgar B. Bayley
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2005-3981 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Jonas Jiras January 20, 2000 Mother
2. A custody conciliation conference was held on February 23, 2012, with the following
individuals in attendance: the Mother, Athena Brellow-Jiras, with her counsel, Melissa L. VanEck
Esquire, and the Father, Joseph E. Jiras, with his counsel, Karl E. Rominger Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
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