The URL can be used to link to this page

Home My WebLink About03-2070AKEMI TSUBOTA-BINGHAM, Plaintiff vs. WILLIAM B. BINGHAM, JR., Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. ~-,:,,,q~?~ ~ : IN DIVORCE N O T I C E T O D w. F w. N D 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 of 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 the 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 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. CUMBERI2~ND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 AKEMI TSUBOTA-BINGHAM, Plaintiff VS. WILLIAM B. BINGHAM, JR., Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. : IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 AKEMI TSUBOTA- B INGHAM, Plaintiff VS. WILLIAM B. BINGHAM, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. dj- IN DIVORCE CONSOLIDATED COMPLAINT IN DIVORCE 1. Plaintiff is Akemi Tsubota-Bingham, a citizen of Pennsylvania, residing at 242 North 29th Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is William B. Bingham, Jr., a citizen of Pennsylvania, residing at 2816 Russell Road, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are sui juris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on November 21, 1998, in Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other ]urisdiction. 8. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file her affidavit of having lived separate and apart. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed her affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. Respectfully submitted, DISSINGER and DISSINGER A~tor~ey for Plaintiff/y Supreme Court ID # 27~36 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Akemi Tsubota-Bingham, verify that the statements made in the Divorce Complaint 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. Akemi Tsubota-Bingham, ~laintiff AKEMI TSUBOTA-BINGHAM, Plaintiff VS. WILLIAM B. BINGHAM, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. 03-2070 CIVIL IN DIVORCE AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS Mary A. Etter Dissinger, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, return receipt requested, a true and correct copy of the Plaintiff's Consolidated Complaint in Divorce in this action to the Defendant at his residence, and that Defendant did receive same as evidenced by the signed receipt dated May 2, 2003 attached hereto as Exhibit "A". Sworn to and subs~ibed before me this ~ day of ~y , 2003. ~'Not ary ~ Mary A. Etter Dis~sSng~ ' Attorney for Plaintiff Supreme Court ID #27736 28 N. Thirty-second Street Camp Hill, PA 17011 (7]_7) 975-2840 · Complete items 1, 2, and 3. Also complete item 4 if Restdeted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maflpiece, or on the front if space permits. 1. Article Addressed to: Co~n~p H[II, ~A IOol~ C. Signature If YES, enler delivery address 3. S Type [] Express Meil [] Return Receipt for Merchancl~e [] C.O.D. 2. Article Number (Copy from service/abe/) O000 05' o oO l o551 P8 Form 3811, July lggg Domestic fleturn Receipt UNITED STATES POSTAL SERVICE First-Class Mail J Postage & Fees PaidI USPS I Permit No. G-10 J · Sender: Please print your name, address, and ZIP+4 in this box ° EXHIBIT "A" AKEMI TSUBOTA-BINGHAM, Plaintiff WILLIAM B. BINGHAM, JR., Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. 03-2070 CIVIL : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C} OF THE DIVORCE CODE 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on May 1, 2003, and served upon Defendant, William B. Bingham, Jr., who accepted service on May 2, 2003. 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 in divorce without notice. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property or lawyer fees and expenses if I do not claim them before a divorce is granted. 5. 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. 6. Plaintiff's and Defendant's Waiver of Notice in §3301(c) Divorce are being filed with the Prothonotary as a part of their respective consent documents. 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. kkemi Tsubota-Bingham?'Plaintiff AKEMI TSUBOTA-BINGHA-M, Plaintiff vs. WILLIAM B. BINGHAM, JR., Defendant : CIVIL ACTION : NO. 03-2070 CIVIL : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PE]TNSYLVANIA DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A Complaint in divorce under § 2.301(c) of the Divorce Code was filed on May 1, 2003, and served upon Defendant, William B. Bingham, Jr., who accepted service on May 2, 2003. 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 in divorce without notice. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property or lawyer fees and expenses if I do not claim them before a divorce is granted. 5. 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. 6. Plaintiff's and Defendant's Waiver of Notice in §3301(c) Divorce are being filed with the Prothonotary as a part of their respective consent documents. 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: Wi~~ghami~%r., Defendant AK]EMI TSUBOTA-BINGHAM, Plaintiff WILLIAM B. BINGHAM, JR., Defendant :IN THE COURT OF COMMON PLEAS :OF C~BERLAND COUNTY : PENNSYLVANIA : :CIVIL ACTION :NO. 03-2070 CIVIL :IN DIVORCE PRAECIPE TO WITHDRAW COUNT II To the Prothonotary: Please withdraw Count II of the Complaint in Divorce filed in this matter. Respectfully submitted: DISSINGERAND DISSIN~ER Mary A. Etter Diasinger Attorney for Plaintiff Supreme Court ID ~ 85556 28 N. 32nd Street Camp Hill, PA 17011 {717} 975-2840 AKEMI TSUBOTA-BINGHAM, Plaintiff vs. WILLIAM B. BINGHAM, JR., Defendant CIVIL ACTION NO. 03-2070 CIVIL IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVAMIA PRA~CIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: 3301(c) of the Divorce Code. Irretrievable breakdown under 2. Date and manner of service of the Complaint: served upon Defendant on May 2, 2003, by United States Certified Mail. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: By Plaintiff Akemi Tsubota- Bingham; ~/# , 2003, by Defendant William B. Bingham, Jr.; ~/!l , 2003. 4. Related claims pending: none. 5. Date Plaintiff's Waiver of Notice in § 3301(c) filed with the Prothonotary: ~.//y , 2003. Date Defendant's Waiver of Notice in § 3301(c) filed with the Prothonotary: ~//// , 2003. Respectfully submitted, DISSIN~ERAND DISSIN~ER Divorce Divorce Date: ~//~/~ Mary A. Attorney for Plaintiff Supreme Court ID # 27736 28 N. Ti~irty-second Street Camp Hill, PA 17011 717-975-2840 IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE Of Akemi Tsubota-Bingham, Plaintiff VERSUS William B. Bingham, Jr., Defendant PENNA. NO. 03-2070 CIVIL DECREE IN DIVORCE ~3' Akemi Tsubota-Bingham DECREED THAT , PLAINTIFF, AND William B. Bingham, Jr. , DEPENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. PROTHONOTARY