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Home My WebLink About07-3484AHRENS LAW FIRM, P.C. JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 52 Gettysburg Pike Mechanicsburg, PA 17055 Telephone No. (717) 697-1800 Attorneys for Plaintiff HELOISA D. FIALHO, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PEN/N~SY7L-VANIA y MAURO G. DUTRA, Defendant CIVIL ACTION -LAW :CUSTODY COMPLAINT IN CUSTODY AND NOW, comes Plaintiff, Heloisa D. Fialho, by and through her attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Complaint in Custody: 1. Plaintiff, Heloisa D. Fialho, is an adult individual currently residing at 1030 Memory Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant, Mauro G. Dutra, is an adult individual currently residing at 27 NW 45~' Avenue, Apt. 109, Deerfield Beach, Florida, 33442. 3. There is one dependent child from the relationship of the parties, namely Douglas Dutra, born April 15, 1992, hereinafter referred to as the child. 4. The child was not born out of wedlock. The parties were divorced from each other on November 13, 1997. 5. The child is presently in the custody of Plaintiff, who resides at 1030 Memory Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 6. 7. 8. 9 10 During the past five (5) years, the child has resided with the following persons at the following addresses: Name Address Dates Plaintiff Plaintiff s husband Plaintiff Plaintiff s husband 1030 Memory Lane July 5, 2003 Mechanicsburg, PA 17050 to present 150 Stewart Avenue 1998 to Kearny, NJ 07032 July 5, 2003 Plaintiff is the natural mother of the child and she currently resides at 1030 Memory Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. Defendant is the natural father of the child and he is believed by Plaintiff to currently reside at 27 NW 45~' Avenue, Apt. 109, Deerfield Beach, Florida, 33442. Plaintiff has no information regarding with whom Defendant resides. The relationship of Plaintiff to the child is that of natural mother. Plaintiff currently resides with her husband, Jorge H. Fialho, and the subject child. Plaintiff previously was involved in divorce litigation with Defendant in Hudson County, New Jersey at docket no. FM-09-1044-97. The most recent Order, dated October 8, 2003, essentially provides Mother with primary physical custody subject to periods of partial custody with Father on alternating weekends from Saturday morning until Sunday evening at 6:00 p.m. Father attempted to pursue a custody action in Florida, but the case was dismissed for lack of jurisdiction since the child has never resided in Florida. 11. Other than the New Jersey divorce case and the Florida case that was dismissed, 2 Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfaze of the child will be served by granting Plaintiff primary physical and shared legal custody of her son. 15. Each parent whose pazental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, Heloisa D. Fialho, respectfully requests this Honorable Court to grant her primary physical and shazed legal custody of her son. Respectfully Submitted: Dated: AHRENS LAW FIRM, P.C. . COSTOPOULOS, IRE Attorney LD. No. 68735 52 Gettysburg Pike Mechanicsburg, PA 17055 r,r~~~`/, Telephone: (717) 697-1800 `~ Attorney for Plaintiff 3 ~.. VERIFICATION I, Heloisa D. Fialho, hereby verify that the statements made in the foregoing document 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 unsworn falsification to authorities. Date: ~ (~, ~ I ` ~ ~' Signature: -~--~,-~ ^ ~v L G Heloisa D. Fialho ~ ~ Q ~ ~ d '~ ~~ c.~ ~_ " ,^ . ~~ ~, =-~ ~~ ~.. c.~ --:, ~~ c,rY -~~,,,-~ ~_ -_, ~-~'~ ;_ ~ , rn .~a :~ (~ HELOISA D. FIALHO, Plaintiff vs. MAURO G. DUTRA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 3 ~Py Cl ~,; L~ CIVIL ACTION -LAW CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, the Plaintiff, Heloisa D. Fialho, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following in support of this Petition: 1. Plaintiff, Heloisa D. Fialho, is an adult individual currently residing at 1030 Memory Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant, Mauro G. Dutra, is an adult individual currently residing at 27 NW 45~' Avenue, Apt. 109, Deer£eld Beach, Florida, 33442. 3. There is one dependent child from the relationship of the parties, namely Douglas Dutra, born Apri115, 1992, hereinafter referred to as the child. 4. ~ Plaintiff has filed a Complaint in Custody simultaneously with this Petition for Emergency Relief. 5. Plaintiff moved from New Jersey to Pennsylvania with the child on July 5, 2003. 6. Defendant relocated to Florida in 2004. Defendant explained to the child that he was moving to Florida to avoid having to pay child support to Plaintiff. 7. Defendant has not physically seen the child since 2003 due to his fear of arrest due to unpaid .child support. Defendant's current child support arrears are in excess of $25,000.00. .~ 8. On June 1, 2007, Defendant wrote a letter to Plaintiff informing her that he will be picking up the child on June 17, 2007, and keeping him until August 19, 2007. 9. Plaintiff is currently pregnant and is not emotionally prepared to deal with Defendant showing up at her door on June 17, 2007 and making demands after having not exercised custody in over three years. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an emergency order granting her primary custody of her son subject to periods of visitation with Defendant to take place within Pennsylvania on alternating weekends from Saturday at 9:00 a.m. until Sunday at 6:00 p.m. or as otherwise agreed between the parties pending the scheduling of a conference or hearing on the matter. Respectfully Submitted: AHRENS LAW FIRM, P.C. ANNE B. COSTOPOULOS, ESQUIRE' Attorney I.D. No. 68735 52 Gettysburg Pike Mechanicsburg, PA 17055 J~P 7 Telephone: (717) 697-1800 Dated: ~ ~j . Attorney for Plaintiff VERIFICATION I, Heloisa D. Fialho, hereby verify that the statements made in the foregoing document 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 unsworn falsification to authorities. ` 0~ Date: ~l% ~ ~r Signature: n, 9;~~~ ~~~~G l~, Heloisa D. Fialho CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the attached document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Mauro G. Dutra 27 NW 45~' Ave., Apt. 109 Deerfield Beach, FL 33442 .. B ~..._ __ - _..~..~ B. COSTOPOULOS, ESQUIRE ttorney I.D. No. 68735 Dated: ~~~1 ~~~ 52 Gettysburg Pike Mechanicsburg, PA 17055 Telephone: (717) 697-1800 Attorney for Plaintiff !`~-~ "_,,,,h~ ~"V W a ~ k ~- - c ~ ~ . -=~s d r ~' V ~... ~ ~, + 7~~ ~ --1 ~ - ~ ~~ HELOISA D. FIALHO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v• 07-3484 CIVIL ACTION LAW MAURO G. DUTRA 1N CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, June 18, 2007 ,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 _ Wednesday, July 18, 2007 at 10:30 AM for aPre-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 ale 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: /s/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled. individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DONUT 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 3 ode P~ J <a~~ ~' ~ 1, ~''.w~j '~ CO.4/ °l ~, ~ ~ r 3 ~, ~~ .:~~ •~.i :~, 8 I l~f~~' ~~OZ ~..~ _.~_. 'I_~'~~_~ "~~ ~ti JUN 141UD7N~D HELOISA D. FIALHO, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA MAURO G. DUTRA, :CIVIL ACTION -LAW Defendant :CUSTODY ORDER OF COURT AND NOW, this ~ ~~ day of ~~ _, 2007, upon consideration of the within Petition for Emergency Reliet; it is hereby directed that pending a custody conciliation conference or hearing in this matter, Heloisa D. Fialho, Plaintiff, shall have primary physical custody of the parties' child, Douglas Dutra, born April 15, 1992. Mauro G. Dutra, Defendant, shall have partial custody of the child on alternating weekends from Saturday at 9:00 a.m. until Sunday at 6:00 p.m., beginning Saturday, June 16, 2007. All custody exercised by Defendant shall take place within the State of Pennsylvania. All custody exchanges shall take place at Plaintiff's residence. A hearing on a attached 2007, t ., before ~~~ Cumberl d County Court ouse, Pennsylvania. Petit' n is scheduled for e _ day f _ _, the I-Io orable , One Co use Square, Courtr om No. , C isl BY THE COURT: 5 f ` I~...S,~ I .. ~ ~ ~ i 1 ~l~ ~ 1 ~'i i~ L~~i .~W ~.._.~.,., r.~ ~~UL ~ 3 20D1 and HELOISA D. FIALHO IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA. vs. 07-3484 CIVIL ACTION LAW MAURO G. DUTRA . Defendant IN CUSTODY ORDER OF COURT ~q,v~ ~uou, ~~ s 2y {~, d i ~ .~ ~ ~ ~ . dos 7 1. The prior Order of this court dated June 18, 2007 shall continue in effect pending further agreement of the parties or Order of Court. 2. The Father shall make arrangements for the Father and the Child to participate in therapeutic family counseling with a professional to be selected by the Father. The purpose of the counseling shall be to facilitate reestablishment of the parent-child relationship after an extended period without significant contact and to assess the Child's emotional readiness for the expansion of custodial periods with the Father. The Father may participate in the counseling sessions by telephone to the extent deemed appropriate by the counselor. The Father shall be responsible to pay any costs of the counseling which are not covered by insurance and all costs of the Child's transportation to and from counseling sessions, for which the Father shall also be responsible to make the arrangements. 3. Following the family counseling, in the event the parties are unable to reach an agreement as to ongoing periods of partial custody for the Father, either party may file a petition with the Court for review and reassignment to conciliation. 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. cc: ~J~anne B. Costopoi ~'uro G. Dutra, F BY THE COURT, ~ - .I 4 ;~ I C~ ~ :~ ~;..~ +~ "id's(' ~~0~ h~` ,+ ~ ~ ~~1 ~C) `~~~- ..~ ~ HELOISA D. FIALHO Plaintiff vs. MAURO G. DUTRA Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-3484 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 Douglas Dutra April 15, 1992 Mother 2. A conciliation conference was held on July 19, 2007, with the following individuals in attendance: The Mother, Heloisa D. Fialho, with her counsel, Jeanne B. Costopoulos, Esquire. The Father, Mauro G. Dutra, resides in Florida and participated in the conference by telephone. 3. This Court previously entered a temporary Order on the Mother's Petition for Emergency Relief on June 18, 2007, under which the Mother has primary physical custody of the Child and the Father has partial custody on alternating weekends, to be exercised within Pennsylvania. The matter was referred to the conciliation process. 4. The parties agreed to entry of an Order in the form as attached. v G ~~ ~ ~~ Date Dawn S. Sunday, Esquire Custody Conciliator JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 HELOISA D. FIALHO, Plaintiff vs. MAURO G. DUTRA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. l~~ - ~'1'$ l CIVIL ACTION -LAW CUSTODY PRAECIPE TO WITHDRAW AND ENTER APPEARANCES TO THE PROTHONOTARY: Kindly withdraw the appearance of Jeanne B. Costopoulos, Esquire, as attorney for Plaintiff, Heloisa D. Fialho, in the above captioned matter. Date: ~/~1 ~ ~ BY: _ eanne B. Costopoulos, Esquire Pa. Supreme Court ID No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 221-0900 Kindly enter the appearance of Heloisa D. Fialho, pro se, for Plaintiff, Heloisa D. Fialho, in the above captioned matter. Date: D ~] BY: ~~'('`'"" "'v Heloisa D. Fialho, pro se 1030 Memory Lane Mechanicsburg, PA 17050 Telephone: (717) 728-3244 C~. ~.~` ,~' cam, _c,,. ,l f ~ ;~~ 5 _ ,( ~~ ~ ~