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lUU'TXN H. MOCK
6351 North Powderhorn Ra.d
Heoh.nlc.buru, PA 17055
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vs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
DANIEL M, MOCK,
PlaintiH,
NO, 95.. J( ,
CIVIL TERM
KRISTIN K. MOCK,
Defendant.
IN DIVORCE
rtOIlCE
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 fall 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 tha PlalntiH. You may lose money or property or othar 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 marrlege counselors Is available in the
OHice of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS
ORANTED, YOU MAY LOSE THE RIOHT 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, 00 TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN OET LEOAL HELP.
Court Admlnlllrltor, Fourth Floor
Cumb.rllnd County Court Houl'
Clrllll., P.nnlylvlnll 17013
(717) 24008200
FLOWER, MOROENTHAL, FLOWER. LINDSAY
A"orn'YI for the Pllln""
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By \ \ ( t (i ~ t . {;4
James D. Flower, Jr" E q Ire
10 * 27742
\ 11 East High Street
Carlisle, PA 17013
(717) 243.5513
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6. The Plaintiff avers that he Is entitled to 8 divorce on the ground that the
marriage Is Irretrievably broken and Plaintiff Is proceeding under Sections 3301 (c) and/or (d)
of the Divorce Code,
7. Plaintiff has been advised of the availability of marriage counseling and of the
right to request that the Court require the parties to participate In marriage counseling, and does
not request counseling,
8. Plaintiff requests the Court to enter a decree of divorce,
FLOWER, MORQENTHAL, FLOWER I LINDSAY
Attorneys for the Plaintiff
Date: (--? -y J ...
-
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mes D. Flower, Jr., Esquire
10 /I 27742
11 East High Street
Carlisle, PA 17013
(717) 243.5513
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IN Till:: COUll'!, OF COMMON I'I.EMl l)
CUMU1::IlLAND COUNTY, I'ENNHYINANl
CIvn AC'!'ION - DIVOIlCI.: (~I
NO. 9~i-
IN DIVOIlCE
CIVIL 'l'EIt
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DANIEL M, MOCK,
Plaintiff,
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KIlIS'I'IN K. MOCK,
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COMPLAINT
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FLOWER, MORGENTI-fAl,
FLOWER & lINDSA Y
"rROlLSSJON"l l'(lRI'()R"1I0N
All0RNns AT lM\'
11 EAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
( ) JAMES D f'll)WER 06171
( I RO(;ER M. MORGENTIIAl 17t43
(Xl JAMES D. rLOWER, JR. 17742
( ) CAROL J. UNDSAY 44693
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DANIEL M, MOCK,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
vs,
NO, 95 - 2502 CIVIL TERM
KRISTIN K. MOCK,
Defendant,
IN DIVORCE
PJ.AtNIlFS..5 AFftDAYITQfCQNSfNT
DANIEL M. MOCK, Plaintiff, being duly sworn according to law, deposes and says:
1, That a Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
May 9, 1995,
2, That my marriage with KRISTIN K. MOCK, Defendant, is irretrievably broken,
3, That I consent to the entry of a Decree in Divorce on the grounds that the marriage
Is Irretrievably broken,
4, That I understand that I may lose rights concerning alimony, division of property,
counseling fees or expenses if t do not claim them before a divorce is granted,
I verily that the stetements mAde in this Affidavit Are true and correct to the best of my
knowledge, Information and belief, I understand that false statements herein ere mede subject
to the penallles of18 Pa,C,S, 4904 relating to unsworn falsification to autt1Uritles,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
DANIEL M, MOCK,
PlaintiH,
NO, 95. 2502 CIVIL TERM
KRISTIN K. MOCK,
Defendant.
IN DIVORCE
EJlEJNIENJjQN
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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 oxpenses 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 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 aHidavit are true and correct. I understand
that the false statements herl;lin are made subject to the penalties of 18 Pa,C,S. !i4904, relating
to unsworn falsification to authorities,
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oan~ M, Mock, PlaintiH
Date:
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DANIEL M. MOCK,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
vs,
NO, 95 - 2502 CIVIL TERM
KRISTIN K. MOCK,
Defendant.
IN DIVORCE
KRISTIN K. MOCK, Defendant, being duly sworn according to law, deposes and says:
1. That a Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
May 9, 1995.
2. That my marriage with DANIEL M, MOCK, Plaintiff, Is Irretrievably broken.
3. That I consent to the entry of a Decree In Divorce on the grounds that the marriage
Is Irretrievably broken.
4. That I understand that I may lose rights concerning alimony, division of property,
counseling fees or expenses If I do not claim them before a divorce Is granted,
I verify that the statements made in this Affidavit are true and correct to the best of my
knowledge, Information and belief. I understand that false statements herein are made subject
to the penelties of 18 PA,C,S. 4804 rplating to unsworn fAlsification to authorities,
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CORRECTION
Previous Image
Refilmed to Correct
Possible Error
MARtI ALSEIILEMENLAGREEMENI
to III r' I 11,111111.... ..I\II....~' I' "1'1
THIS AGREEMENT made tI\lsJLL~L~ day of __'fA ( -,
1998, by and between KRISTIN K, MOCK, 016351 North powdertlorn Road, Mechanlcsburg,
Pennsylvania 17055, herllinal1er rl,ferred to as WIFE, and DANIEL M. MOCK, ot p, 0, Box 428,
Bolling Springs, Pennsylvflllia 1700?, herelnal1er refCHred to as HUSBAND,
WITNESSETH:
WHEREAS, the part,es hereto are husband and Wife, having been joined in
marriage In January of 1963 , In Honolulu, Hawaii; and
WHEREAS, a Complaint lor Divorce has been filed in the Court at Common Pleas
of Cumberland County, Pennsylvania, to the No 95,2502 CIvil Term: and
respective financial and property nghts and ot)ligatlons as I)etween each other, including, without
WHEREAS, the par\les hereto are deSirous of settling fully and finally their
limitation, the settling ot all matters between them relating to the ownership at real and personal
property, and In general, the sottling of any and all claims and pOSSible claims against the other
or against their respoctive eslfl\!JS
promises and underlaklngsI1el!!lIlalll!1 !;>ut fortll, and fOl oIlier good and valuable consideration,
NOW, THEREFORE, In conSideration of these cor\slderalionl, and the mutual
receipt and suffiCiency of wllll:l\ IS Ileleby f1cl<nowledged by each of tile parties hereto,
HUSBAND llnd WIFE, eadl IIltr",cJlIl\J to bl! IlJ\lally hound, hereby covenant Bnd agree 81
lollows.
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1. Advice 01 Counsel: Tho partllJs heroto acknowledgo that each has been
notilied of his or her nght to consult with counsel 01 his or her chalCO, and have been provided
a copy of this agreerJ1ent WillI wl\Il.11 to conSLJIt Willi COLJnso! WIFE IS represented by Dawn S
Sunday, EsqUire, and HUSBAND, 15 reprosented by ,James D Flower, Jr, EsqUire. Each pany
acknowledges and accepts 111111111'5 agrlJementls, III the CIrcumstances, 1M and equitable. and
that it is being ontered Into freely and voluntanly, niter haVing rec!JIved such advice and with such
knowledge as each has souOhl Irom counsel, and that execution of thiS agreement 15 not the
rasult 01 any duress or undue II1fIIJOnCe, llnd thllt It IS not the result of any improper or illegal
agreement or agreements
2, Divorce: The parties agree 10 the entry of a Decree In Divorce, The parties
will execute, on the date of thiS agreement, AffidaVits of Consent under Section 3301 (c) of the
Divorce Code, consenting to the entry of a Decree In Divorce
3. Educational Property: Tho pmtlo5 acknowledgo and agree that certain
property has been set aSH1C1 lor 11m educatlonlll needs 01 the children, whiCh property includes
Phoenix Income Growth FLJnrj, With a present value of apprllXlmately $4,30400, held by Smith
Barney; Smith Barney UtllitlllS FunrJ. WillI an approxilnate vuluo of $5,27000; Navy Federal Credit
Union Savings Account, w,th [HI apploXlll1aln l1al[lIlco of 52,!J!J3 00, Savings bonds valued at
approximately $O,bOO DO, fllletl! I S I ) n COrJ111l on Valia! lJrllllLJ5t, fll{,!>el1t1y valuod atl1flprmllnately
$3,227,00 It 15 agt(;jfHll1y lltH1lll'twl'l'nll1O patties tI\<Jt ttll!SO fLJl1rJs, however tlttelj, shall remain
dedicated for the purpose of lILJpportlr1ythe IJ(jucntlonall1ellds of tile parties two children, Dar1lll1
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M. Mock, Jr, and Kerry K. Mock, and It IS further agreed among the parties that neither of them
shall withdraw the prulclpal or any Interest or proceeds from said funds, except lor expenditures
specifically dodlcatmJ to tl10 educational needs of the parties children, It is anticipated that
should there be any other extraordinary needs of tl18 children, either for medical expenses or
other necessary support, the partlos may agree on an appropriate withdrawal for that purpose,
At such time as 011 of the educational needs 01 the children of the parties have been met, should
there be any of said lunds lelt, the parties shall give the remainder in equal shares to the
children, or, should they both agree, they may divide the remainder between themselves.
4. Personal Property To Be Retained By Wile: The parties acknowledge that
the WIFE shall retain tho follOWing property as her sole and separate property:
A. All bank accounts in WIFE'S name;
B, All bank accounts in the jOint name of HUSBAND and WIFE;
C, All IndiVidual retirement accountlunds in WIFE'S name;
D. Smith Barney brokerage account in WIFE'S name;
E, Franklin High Yield Fund in WIFE'S name;
F. 100 shares of Disney stock in WIFE'S name;
G. 400 shares of Wall. Mart stock in WIFE'S name; and
H, 1987 CmJlllac DeVille (Including full responSibility for any loan on sold
velllcle) HUSBAND shall Sign any documents necessary to transler
title 01 s!lId vehicle to WIFE wlthul ten days of the execution 01 this
Agreement
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5, Personal Property To Be Retained By Husband: The portles
acknowledge that the HUSBAND shall retain tl1lJ followlrlg property as his sole and separate
property:
A. Bank accounts In IiUSUAND'S nome;
B. 1I1[l,vldunl retirement nccount funds Irl HUSBAND'S name;
C. 1994 Toyoto 4.flunnCH (Inclucjlng full responsibility for any loan on said
vehicle): and
6, Retirement Funds: Tile parties are aware that the WIFE has a United
States Government CiVil Service Retirement and TIHlI1 Savings Plan, and that HUSBAND has a
United States Navy Retirement Except as otllefwlse prOVided In paragraph 9 of this Agreement
relating to HUSBAND'S survIVor IJeneflt plan, HUSBAND waives any and all interest In WIFE'S
Federal Government Civil Service Retirement and Thrift Savings Plan, and WIFE waives any and
all Interest in HUSBAND'S United States Navy fletlrement Plan
7, Tangible Personal Property: The parties acknowledge that they have
equitably and satisfactorily diVided all 01 tllelr tangible personal property, including but not limited
to furniture, furnishings and appliances. and that all such tangible personal property shall be the
sole and Individual property 01 the party In whose possession it is as of the date of execution
of this Agreement. Alternotlvely, tlw pnrtles moy elect to append a schedule reflecting a division
of their personal proper ty to tillS Aurnement
4
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B, Roal Property: Tl1e parties ore owners of certain real estate located at6351
North powderhorn Road, Mechanlcsburg, Pennsylvania, The parties hereby agree that
HUSBAND shall convey all of his right, title and interest to said homa to WIFE, and WIFE shall
simultaneously relinance the remaining debt on the marital home, at her sole cost, so that
HUSBAND shall no longer be obligated on such Indebtedness,
9, Survivor Benefit Plan: HUSBAND has certain benefits under a survivor
benafit plan relating to his military benefits, HUSBAND shall take all necessary steps to
designate WIFE and the parties' children as nonrevocable beneficiaries under his Survivor
Benefit Plen within one year of the date of entry of this Divorce Decree. The Divorce Decree
shall specifically order that HUSBAND shall maintain WIFE/FORMER SPOUSE and the parties'
children as nonrevocable survivor benefit plan beneficiaries,
10. Tall Indebtedness: The parties hereby agree to be jointly responsible for
an existing IRS penalty in their joint names, and HUSBAND agrees that he will provide within ten
days of the date of receipt, the tax refund which he expects to receive from the West Shore Tax
Bureau to WIFE to reimburse her for funds she has paid to the Capital Area Tax Bureau for
HUSBAND'S local wage tax,
11, Alimony: nle parties waive any claim that they may have one against the
other for alimony or spousal support, The parties acknowledge that each has sufficient assets
with which to maintain themselves af1er divorce,
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12, Marital Debt: Tile parties l1ave, in ttlelr own names, certain credit card
accounts which may include some mantal debt. Each party will be responsible for the debt on
the credit card accounts in Ilis or l1er name. Each party will incur no debt for which the other
may be liable, and will indemnify and hold the other harmless for any debt so incurred. This
provision Is not intended to apply to airline ticket changes paid on WIFE'S credit card account
on behalf of HUSBAND for the exchanga of custody to occur at the end of June 1996, as
governed by paragraph 13(b) of this Agreement.
13, Custody: The parties contemplate that HUSBAND will be moving from the
Carlisle area for purposes of business and relocating in Kansas, WIFE shall have primary
physical custody of the children and HUSBAND shall have partial custody of the children of the
parties as follows:
A, Five consecutive weeks during each summer vacation upon providing
notice to WIFE by April 15th of each year. WIFE shall have reasonable periods of partial
custody of the children in the event that she travels to HUSBAND'S resldance during the
aforesaid five week period, providing reasonable notice is provided to HUSBAND,
B, HUSBAND shall pay for all costs of transportation for purposes of
custody exchanges.
C. HUSBAND shall have reasonable periods of custody with the children
in the event that he travels to Pennsylvania, upon providing reasonable notice to WIFE.
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D, HUSBAND shall 11avo additional pOrlods of partial custody at other
times agreed to by the parties. for which additional partial custody shall not be unreasonably
withheld from HUSBAND.
E. The parties shall alternato custody of the children over the Christmas,
Easter and Thanksgiving school breaks, at times to be arranged by agreement of the parties
after HUSBAND'S relocation. These periods of custody shall include substantially the entire
school vacation, however, they shall be curtailed to the extont necessary so the children do not
miss school. With respect to the Christmas period of custody, tho non-custodial parent shall
have the right to travel to the state of residence of the custodial parent and 10 have partial
custody of the children for part of Christmas Day, and for the day following Christmas,
14, Disclosure of Assots: The parties warrant that they have given a full,
complete and accurate disclosure of all assets, of any nature, whether or not the assets were
held jointly or In one name alone. The remedies available to either party for breach of violation
of this provision shall be those remedies available pursuant to law and equity including the right
to punitive and compensatory damages,
15, Indemnification of Wife: If any claim, action or proceeding Is hereafter
Initiated seeking to hold WIFE liable for the debts or obligations assumed by HUSBAND under
this Agreement, HUSBAND Will, at his sole expense, defend WIFE against any such claim, action
or proceeding, whether or not well-founded, and indemnify her and her property against any
7
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damagas or loss resulting therefrom, Including but not limited to, costs of Court and actual
allomey's fees incurred by WIFE In connection therewith,
16, Indemnification of Husband: If any claim, action or proceeding Is hereafter
Initiated seeking to hold HUSBAND liable for the debts or obligations assumed by WIFE under
this Agreement, WIFE will, at her sole expense, defend HUSBAND against any such claim,
action or proceeding, whether or not well.founded, and indemnify him and his property against
any damages or loss resulting therefrom, including but not limited to, costs of court and actual
allomey's fees Incurred by HUSBAND In connection therewith,
17, Breach: If either party hereto breaches any provision hereof, the other party
shall have the right, ather or hiS elechon, to sue for damages for such breach, or seek such
other remedies or relief as may be available to her or him, The non,breachlng party shall be
entitled to recover from the breaching party all costs, expenses and legal fees actually Incurred
In the enforcement of the rights of the non-breaching party.
18, Modification: No modllicahon, recision, or amendment of this agreement
shall be effective unless in writing signed by each of the parties hereto,
19, Applicable Law: All acts contemplated by this agreement shalt be
construed and enforced under the laws of the Commonwealth of Pennsylvania,
20, Agreement Binding on Parties and Heirs: This agreement, except as
otherwise expressly provided 110reln, shall bind Ihe parties herelo, and their respective heirs,
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executors, administrators, legal representatives, assigns and successors in any interest of tile
parties,
21. Agreement Not to be Merged: Tllis agreement sllall be incorporated into
the final decree of divorce of Ule parties hereto for purposes of enforcement only, but otherwise
shall not be merged into said decree. The parties sllall have tile right to enforce this agreement
under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies In law
or In equity under this agreement as an independent contract. Sucll remedies in law or equity
are specifically not waived or released,
22. Documents: The partlesllereto agree tllat tlley will execute and deliver one
to the other any documents necessary to give eHect to tile terms of tllis Agreement.
23, Full and Final Settlement: WIFE and HUSBAND eacll do hereby mutually
remise, release, quitclaim and forever dlscllarge tile other and the estate of such other, for all
time to come, and for all purposes whatsoever, of and from any and all rigllts, titles, interests
or claims In or against the property (Including Income and gain from property hereafter accruing,
of the other) or against the estate of such other. of whatever nature and wheresoever situate,
which she or he now has or at any tllne hereafter may have against such other, the estate of
such other or any part thereof, whether arising out of any former acts, contracts, engagements
or liabilities of sucll otller, or by way of dower or curtesy, or claims in the nature of dower or
curtesy of widows' or widowers' rights, f11111ily exemplion or similar allowance, or under the
Intestate laws, or the rigllt to take against tile spouse's Will; or the right to treat a lifetime
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conveyance by the other as testamentary, or all other rights of a surviving spouse to participate
In a deceased spouse's estate, whether arising under the laws of Pennsylvania, any othar State,
or any other Country, or any nghts which either spouse may have, or at any tima hereafter have,
for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees,
costs or expenses, whether ariSing as a result of the mantal relation or otherwise, except and
only except, all rights and agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or before tile breach of any thereof, It IS the intention 01 HUSBAND
and WIFE to give to each other by the execution of this Agreement a full, complete and general
release with respect to any and all property of any kind or nature, real, personal or mixed, which
the other now owns or may hereafter acquire, except und only except, all rights and agreements
and obligations of whatsoever nature arising or which may arise under this Agreement, or for
the breach of any thereof, subject, however, to the implementation and satisfaction of the
condition precedent as set forth herein above,
IN WITNESS WHEREOF,the parties hereto have set their hands and seals tha dllY
and year first above written
WITNESS:
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DANIEL M. MOCK,
Plaintiff
IN TilE COUll'!' 0[' COMMON PLEAS OF
CUMllEIlLAND COUNTY, PENNSYLVANIA
ve.
CIVIL AC'!'ION - IJlVORCE
KRISTIN K. MOCK,
Defendant
NO. 95-2502
IN IJIVOHCE
CIVIL TF.HM
PB'I'ITIOO Frn MARRIAGE lDA'lELlNG
'l'he Defendant, Kristin K. Mock, by her sttorney, Dawn S. sunday,
files this Peti tion requesting marriage counseling and in support thereof
sets forth the following:
1. 'l'he Petitioner is Kristin K. Mock, who currently resides at
6351 North POIIderhorn [toad, Mechanicsburg, Cumberland county,
Pennsylvania.
2. The Respondent is Daniel M. Mock, who currently resides at
6351 North POIIderhorn Road, Mechanicsburg, CURDerland County,
Pennsylvania.
3. The Petitioner and Respondent were married in January, 1983
in Ilonolulu, flawai 1.
4. The Respondent filed s Complaint in Divorce under ~3301(c) or
~3301(d) of the pennsylvania Divorce Code on May 9, 1995
under the above caption and docket nunVer.
5. The Respondent has been unwilling to voluntarily participate
in counseling with petitioner.
6. The Pennsylvania Divorce Code (23 l'a.C.S. ~3302) provides
that the Court shall require up to a maximwn of three
counseling sessions within the ninety days follOlling the
cOOJ11Elncement of a Divorce aetion upon the request of ei tiler
party.
W1IJ!RE11aUl, the petitioner requeats thst the Court enter an
Order requiring the parties to participate in marriage
counseling pursusnt to 23 I'a. C.S. ~3302(b).
Respectfully submitted,
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Dawn S. Sunday, I~
ID '41954
39 West Main Street
Mechan i csburg, I'A 17055
(717) 766-9622