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Home My WebLink About01-0141RICHARD L. WINGFIELD, III, Petitioner, V. ELIZABETH B. WINGFIELD, Respondent. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO: O/-/~/ : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR CUSTODY AND NOW, comes your Petitioner, Richard L. Wingfield, III, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and files the following Petition for Custody: 1. Your Petitioner, Richard L. Wingfield, III, is an adult individual currently residing at 1022 Armstrong Road, Carlisle, Cumberland County, Pennsylvania. 2. The Respondent, Elizabeth B. Wingfield, is an adult individual currently residing at 1300 Stratford Drive, Carlisle, Cumberland County, Pennsylvania. 3. The parties were married June 12, 1976, in Suffolk, Virginia. 4. The parties are the parents of three (3) children, one of whom is emancipated, the other two of whom are Brandon Wingfield, born 11/17/81, and Wesley Wmgfield, bom 10/10/85. 5. The children were bom during wedlock. 6. The children, since separation, have resided with the Respondent at the address contained in paragraph 2 above. 7. Petitioner believes and therefore avers that the best interest and welfare of the children would be served by giving the parties joint legal custody, and joint physical custody, in that the Petitioner is now residing in Carlisle, has changed jobs so that his work schedule does not have him out-of-town and he is otherwise available to provide the day and day care for the children. 8. Petitioner believes and therefore avers that it is in the best interest of the children to grant joint legal and physical custody of the children unto the Petitioner and Respondent herein. -2- WHEREFORE, Petitioner prays this Court to grant the relief as requested. Respectfully submitted, Mancke, Wagner, Hershey & Tully '---~2233 North Front Street Hamsburg, PA 17110 (717) 234-7051 Attorneys for Petitioner Date: -3- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. RICHARD L. WINGFIELD, III PLAINTIFF V. ELIZABETH B. WINGFIELD DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-141 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, this 12th day of January ,2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeMelissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 20th day of February , 200 I, at 1:00 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: /si Melissa P. Greevy, Es~x Custody Conciliatorf v The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For informafion 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 heating 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 ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 RICHARD L. WINGFIELD, III, Plaintiff VS. ELIZABETH B. WINGFIELD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-141 CIVIL ACTION - LAW CUSTODY ORDER OFCOURT AND NOW, this Z '~"~ day of March, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Richard L. Wingfield, III, and Elizabeth B. Wingfield, shall cooperate and participate in arranging for the minor Child, Wesley Wingfield, to see a licensed psychologist for the purpose of assessment of the Child and assessment and repair of the Child's relationship with the Father, as needed. The cost of these professional services shall be borne 65% to Father and 35% to Mother, which is consistent with the parties' net income as determined by the most recent Domestic Relations Order. The parties shall cooperate with scheduling of the appointments and in following the professional guidance of the psychologist, Jeffrey M. Verrecchio. Counsel for the parties shall submit in a joint referral letter to this psychologist further detailing the referral question. 2. Following the completion of the services provided by Mr. Verrecchio, the parties, upon proper petition, may return to the Custody Conciliator for a Custody Conciliation Conference. BYTHECOURT, Dist: Samuel L. Andes, Esquire, 525 N. 12th Street, Lemoyne, PA 17043 P. Richard Wagner, Esquire, 2233 N. Front Street, Harrisburg, PA 17110 RICHARD L. WINGFIELD, III, Plaintiff VS. ELIZABETH B. WINGFIELD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-141 : : CIVIL ACTION - LAW : 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 Wesley Wingfield October 10, 1985 Mother 2. A Custody Conciliation Conference was held on March 14, 2001, with the following individuals in attendance: the Mother, Elizabeth B. Wingfield, and her counsel, Samuel L. Andes, Esquire; the Father's counsel, P. Richard Wagner, Esquire. Father was not able to attend to due to having been called out of town for a work obligation. 3. Although the Father did not attend, Father's counsel stated that he had authority to make some agreements on behalf of the Father. Counsel for the parties agreed to an entry of an Order in the form as attached. -- -k/lei~ssa Peel Greevy, Esqui"~e Custody Conciliator RICHARD L. WINGFIELD, Plaintiff ELIZABETH B, WINGFIELD, Defendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-141 IN CUSTODY ORDER AND NOW this ,Z/-~'day of /f/'z~d~,~ o" , 2002, upon consideration of the attached Petition, a Rule is hereby issued upon the Plaintiff to show cause, if any he has, why the relief prayed for in that Petition shall not be granted and the Defendant should not be permitted to take the parties' minor child, Wesley Wingfield, born October 10, 1985, with her outside the Continental United States for a vacation trip to Cancun, Mexico in December of 2002. Rule returnable ~ days from service upon Plaintiff's counsel of record. DISTRIBUTION: BY THE COURT. P. Richard Wagner, Esquire (Attorney for Plaintiff) 2233 North Front Street, Harrisburg, Pa 17110 Samuel L. Andes, Esquire (Attorney for Defendant) P.O. Box 168, Lemoyne, PA 17043 Il RICHARD L. WINGFIELD, Ill, Plaintiff VS, ELIZABETH B, WINGFIELD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-141 IN CUSTODY ORDER AND NOW this day of ,2002, upon consideration of the attached Petition, we hereby award physical and legal custody of the minor child, Wesley Wingfield, born October 10, 1985, to her mother, the Defendant, Elizabeth B. Wingfield, to commence at 12:00 on December 19, 2002, and end at 5:00 p.m. on December 28, 2002. We award this custody to Elizabeth B. Wingfield for the purposes of taking the child with her outside the Continental United States for a holiday vacation in Cancun, Mexico. BY THE COURT. DISTRIBUTION: P. Richard Wagner, Esquire (Attorney for Plaintiff) 2233 North Front Street, Harrisburg, Pa 17110 Samuel L. Andes, Esquire (Attorney for Defendant) P.O, Box 168, Lemoyne, PA 17043 RICHARD L. WINGFIELD, III, Plaintiff VS, ELIZABETH B. WINGFIELD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-141 IN CUSTODY PETITION FOR TEMPORARY RELIEF AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and petitions the court for temporary relief in this matter, based upon the following: 1. The Petitioner herein is the Defendant, Elizabeth B. Wingfield. 2. The Respondent herein is the Plaintiff, Richard L. Wingfield, 3. The parties are the parents of three children, only one of which remains a minor. Their minor child is Wesley Wingfield, age 17, who was born on 10 October 1985. 4. Since the separation of the parties more than two years ago, the said child has resided in the primary physical custody of Defendant. The child has seen Plaintiff on irregular and intermittent occasions. 5. Defendant has planned a trip over the upcoming Christmas holidays with her family, including grandparents, brother and sister, from 20 December 2002 through 27 December 2002 to a holiday resort in Cancun, Mexico, Defendant would like to take Wesley on that trip. To do so, she wants to have Wesley with her from 19 December 2002 through 28 December 2002. 6. To date, Plaintiff has not requested any time with Wesley over the Christmas holidays. Defendant does not believe that taking Wesley on the trip with her will prevent Wesley from seeing the Plaintiff or will otherwise interfere with Plaintiff's holiday plans. 7. in order for Defendant to take Wesley with her outside the Continental United States, she needs an order of court authorizing her to take the child on such travel. 8. Plaintiff, through the parties' two attorneys, has requested Plaintiff consent to the travel plans she has for Wesley. She has not, to date, had any response from Plaintiff. WHEREFORE, Defendant prays this court to enter the attached order to permit Wesley to travel with her over the Christmas holiday season. Attorney for Defendant Supreme Court ID # 17225 525 North 12TM Street Lemoyne, Pa 17043 (717) 761-5361 VERIFICATION I verify that the statements made in this Petition are true and correct, I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). ELIZABETH B. WlNGFIEL ~1~ CERTIFICATE OF SERVICE i hereby certify that I served an original of the foregoing Petition upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Date: 21 November 2002 P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Secretary for Samuel L. Andes II RICHARD L. WINGFIELD, Ill, Plaintiff VS. ELIZABETH B. WlNGFIELD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-141 IN DIVORCE ORDER AND NOW, this /~r day of December, 2002, upon consideration of the Defendant's Petition, the Rule we issued on November 21, 2002, and the Motion attached, it appearing that the Plaintiff does not oppose the relief which Defendant requests, we hereby award physical and legal custody of the minor child, Wesley Wingfield, born October 10, 1985, to his mother, the Defendant, Elizabeth 8. Wingfield, to commence at 12:00 p.m. on December 19, 2002, and end at 5:00 p.m. on December 28, 2002. We award this custody to Elizabeth B. Wingfield for the purpose of taking the child outside the continental United States for a holiday vacation in Cancun, Mexico. BY THE COURT, / Distribution: P. Richard Wagner, Attorney for Plaintiff, 2233 North Front Street, Harrisburg, PA 17110 Samuel L. Andes, Attorney for Defendant, 525 N. 12th Street, Lemoyne, PA 17043 RICHARD L. WlNGFIELD, 411, Plaintiff VS. ELIZABETH B. WINGFIELD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-141 IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and moves this Court to make absolute its Rule of 21 November 2002, based upon the following: 1. The moving party herein is the Defendant, Elizabeth B. Wingfield. The Respondent is the Plaintiff, Richard L. Wingfield, Ill, who is represented by P. Richard Wagner, Esquire. 2. On 21 November 2002, this Court, by the Honorable Kevin A. Hess, issued a Rule upon the Plaintiff to show cause why the parties' minor child, Wesley Wingfield, born 10 October 1985, should not be permitted to leave the continental United States with the Defendant for a Christmas vacation and why the Defendant should not be granted custody of the child for that purpose. The said Rule was returnable seven days after service. 3. Defendant served the Rule upon Plaintiff's attorney of record on 26 November 2002. Contemporaneously with the filing of this motion, Defendant has filed an Affidavit of Service evidencing that. 4. Plaintiff has made no formal response to the Court's Rule and the time for filing such response has now passed. 5. Plaintiff has evidenced his consent to Defendant having custody of the child for purposes of the trip by signing a parental consent which Defendant's attorney prepared and sent to Plaintiff's attorney. A copy of that consent, which was faxed to Defendant's attorney by Plaintiff's attorney, is attached hereto and marked as Exhibit A. 6. The parental consent signed by Mr. Wingfield is not sufficient for Defendant's purposes because it is not an original copy of the consent and it is not notarized. As a result, Defendant requires a court order awarding her custody for purposes of the intended trip. WHEREFORE, Defendant moves this Court to enter the attached order granting her custody of the parties' child for purposes of the vacation trip to Mexico. Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: J~-- /~-oZ, ~--k~ ~_~ CERTIFICATE OF SERVICE hereby certify that on 10 December 2002, I served a copy of the foregoing document upon counsel for Plaintiff by U.S. Mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 DEC-D3~ZOOZ IO:DOA~ FROM-MANCKE WAGNER TULLY +T1T-Z$4-7080 T-?gT P 003/003 ;-942 PARENTAL CONSENT The undersigned, Richard L. Wingfield, III, being duly sworn according to law, deposes and says: 1. He is the legal and biological father of the minor child, Wesley Wingfield, age 17, born October 1 O, 1985. 2. The legal and biological mother of the said Wesley Wingfield is Elizabeth B. Wingfield, 3. The undersigned, Richard L. Wingfield, III does hereby consent to his minor child~ Wesley Wingfield leaving the Continental United States for a trip to Cancun, Mexico with his mother, Elizabeth B. Wingtqeld, between the dates of 19 December 2002 and 28 December 2002. 4, He makes this affidavit for purposes of evidencing his consent to his minor son traveling outside the Continental United States with the child's mother and authorizes all necessary authorities to accept this affidavit as proof of his consent to such travel, Sworn to and subscribed before me this day of , 2002. Notary Public. RICHARD L. WINGFIELD, Iii, Plaintiff V$, ELIZABETH B. WINGFIELD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-141 IN DIVORCE AFFIDAVIT OF SERVICE BY CERTIFIED MAIL SAMUEL L. ANDES, being duly sworn according to law, deposes and says as follows: 1. That he is the attorney-of-record for the Defendant herein. 2. That on 25 November 2002, he caused to be delivered to the U.S. Postal Service in Lemoyne, Pennsylvania, as certified mail (Receipt No. 70010360000134420313), return receipt requested, addressed to the Plaintiff's attorney herein, a true and correct copy of the Rule and Petition for Temporary Relief filed in the above-captioned action. 3. Said return receipt card is attached hereto as Exhibit A showing a date of delivery to the Plaintiff's attorney of 26 November 2002. S~el~. Andes Sworn to and subscribed before me this/~ ~' day of ~¢~'~,~-~ , 2002. · ~;omplete items 1, 2, and 3. Also complete i~em 4 if ReStricted Ddlivery is desired. · I~rint your aame and. address on the reveme s/~ that we can return the card to you. · Attach this card to the back of the mailpiece, or on the froC~f apace permits. 7001 0360 0001 3442 0313 A. ved by s~ Print lea D. Isdeli~ryadd~sd~fmmitem . i-~Yes If YES, enter d~l/ery address below: [] No ~,,~tified Mail [] Registered [] Insured Mail 4. Restricted Delive~j? (Extra Fee) [] Express Mail [] Return Receipt for Merchandise [] C.O.D. PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1709