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HomeMy WebLinkAbout00-02391 .' - . v r . . " "','~ .. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . STATE OF STEPHEN P. GENSEMER, Plaintiff . VERSUS CHRISTINE J. GENSEMER. Defendant . . PENNA. No. 2000-2391 CIVIL TERM DECREE IN DIVORCE . . ..'1 ."- . AND NOW, 1""" I r DECREED THAT S'I'F.PHRN P GF:Nf':FlVIRR AND CHRISTINE J. GENSEMER ,2001 ,IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, . . ARE OIVORCED 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. It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions of a certain Marital Settlement Agreement between the parties dated April 19, 2001, and attached hereto, are incorporated in this Decree in Divorce by reference as fully as if the same were set forth herem at length. SaId Agreement shall not merge with but shall survive this Decree in Divorce. . . /l t~~ PROTHONOTARY J. . '.,,; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t ',! .. 1IlII._ ~ - - ._-~,. - ~-,-.- 7. /d? "Clf )-/;;;'c:y ,. -"- _n ~ _ .- -~- , . ~ ~. < Ii', '~lo , M~M~$4~ ~~~~4t7~ .. . ~.-.. ~ ~~ ~- r I __~~,~i~JlllJ_~,_ ,.."'fI/lq!",,,_ no~=_,,_ 'r'- ~~ ,; lji;l,jfli'~' ~~....,,~ - ~ ~- ."'-..~" ~'._'.~,," ~ " . .. . , NUUUTAL SETTLEMENT AGREEMENT BY AND BETWEEN STEPHEN P. GENSEMER AND CHRISTINE J. GENSEMER LL JliI'l" 1IlWIiiit- ~-~ ,', .. "~.~ .~ .~< 11 -* .~ -., cilI\IIl!!!iili IlWllltlioL # , . t , i , MARlTALSETTLEMENTAGREEMENT THIS AGREEMENT is made this ~ay of --1i.pA i ~ , ,2001, by and between STEPHEN P. GENSEMER, of Lehigh County, Pennsylvania, and CHRISTINE J. GENSEMER, of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Stephen P. Gensemer (hereinafter referred to as "Husband"), social security number 173-60-8329, was born on October 6, 1963, and currently resides at 3818 Manchester Road, Allentown, Lehigh County, Penn$ylvania 18104; WHEREAS, Christine J. Gensemer (hereinafter referred to as "Wife"), social security number 204-60-6718, was born on September 12, 1967, and presently resides at 1202 Edinburg Circle, New Cumberland, Cumberland County, Pennsylvania 17070; WHEREAS, the parties hereto are husband and wife, having been lawfully married on October 26, 1996 in Dauphin County, Pennsylvania; WHEREAS, the parties have lived separate and apart since on or about March 8, 2000; WHEREAS, no children were born of the marriage between the parties; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, 1 - ... . - - . . . , , , . . ,~ '-of, the receipt and sufficiency of which is hereby acknowledged by each ofthe parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The parties acknowledge that both have sought or have been advised of their right to seek independent legal counseL The parties further acknowledge that Husband is represented by the firm of Howett, Kissinger & Conley, P.C. and at no time has Wife been represented by this finn in connection with any divorce and claims arising therefrom. Wife acknowledges that she understands that she has every right to contact counsel of her choice, be advised by them and review in detail the contents of this Agreement before its execution. Each party fully understands the facts and his/her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party acknowledges the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or properties, owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his/her respective right to have the Court of Common Pleas of Cumberland County, or any other Court of competent jurisdiction, make any determination or order affecting the respective parties' right to alimony, 2 "'~_""'ll" ~ ~ ~- ~"~-" -" '~-~~-.l. . :il.,~ , . , alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each ofthe parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to 3 ;-f'-~ _,,, "_~ -< - ~- - ~---- I lIU1MlIi!lli!!Il!!wtF , . , . full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution oftheir marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties acknowledge that on April 14, 2000, Husband commenced an action in divorce in the Court of Common Pleas of Cumberland County, Pennsylvania docketed at No. 2000-2391 in which he requested that a divorce be entered pursuant to 93301(c) of the divorce code. Accordingly, the parties agree that simultaneously with the execution of this Agreement each shall execute an Affidavit of Consent and Waiver of Notice of Intent to Request Entry of Divorce Decree and forward same to counsel for Husband who shall file said documents of record along with any and all other documents necessary to precipitate the prompt entry of a Divorce Decree. 4 '."''''''~ ~-~'ij;"<'"' ~ - - JWI '~~~......~ '!!It." . , .. 5. EOUlTABLE DISTRIBUTION. (a) Marital Residence Proceeds. The parties acknowledge that prior to separation, their Marital Residence was sold and they received net proceeds of Fourteen Thousand Five Hundred Dollars ($14,500) which have been placed into an a financial account in Wife's name alone. The parties agree that Wife shall become the sole and exclusive owner of said proceeds free and clear of any right, title, claim and/or interest of Husband. (b) Furnishinl!s and Personalty. (1) The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. (2) Except as otherwise set forth herein, Wife shall retain, as her sole and separate property, free of any and all right, title, claim or interest of Husband, all of the personalty and furnishings currently in her possession. Notwithstanding the foregoing, the parties agree that Husband shall receive, as his sole and separate property, all items listed on Exhibit "A" to this Agreement which is attached hereto, and incorporated by reference herein as if set forth at length. Husband shall, within thirty (30) days of the date of execution of this Agreement, provide Wife with the identity ofthe agent he intends to send to Wife's residence to retrieve the items listed on Exhibit "A." If Wife objects to the agent identified by Husband she shall notifY Husband of her objection within ten (10) days thereafter and Husband shall provide Wife with the identity of an alternative agent within ten (10) days. Once Husband has identified an agent not objected to by Wife, said agent shall appear at Wife's residence at a date and time mutually agreed upon between the parties and retrieve the items listed on Exhibit "A." 5 I"~ "'~J.lll: ~L .' ..-li1 tliI!.ll.ilili!l:!U 11l-JU~~"- , . (3) Except as otherwise set forth herein, Husband shall retain, as his sole and separate property, free of any and all right, title, claim or interest of Wife, all of the personalty and furnishings currently in his possession as well as all of the furnishings and personalty listed on Exhibit "A" attached hereto. (c) Motor Vehicles. Wife agrees that Husband shall retain possession of and receive as his sole and separate property, the 1998 Nissan Maxima currently titled in the joint names of the parties, and the 1995 Yamaha 535 currently titled in Husband's name alone, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Husband by virtue of this subparagraph. Moreover, Husband shall within thirty (30) days of the date of execution of this Agreement take all steps necessary to obtain a release of Wife's liability on any debt associated with the vehicle and provide Wife with proof thereof. The parties agree that they will cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagraph. (d) Life Insurance. The parties acknowledge and agree that each shall retain as his/her sole and separate property, any and all life insurance policies in his/her name, free of any right, title and interest of the other party. 6 ,~ ~~ """"" I ttJ , . (e) Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 40 I (k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (1) Financial Accounts. The parties agree that all joint fmancial accounts have been divided to their mutual satisfaction. Accordingly, they agree that each shall retain as his/her sole and separate property any and all such financial accounts currently titled in his/her name. (g) Miscellaneous ProDerty. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (h) ProDerty to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute 7 ,;.';:i~""'~0il"" ~ -~>.' ~ u~ ~ I ". . '"'l;/!Ihj'O'~__~~_ '~~'",,~ . ~'~i Ul>lM~l !Ii,,", . .. . a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (i) Prooerty to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 0) Assumption of Encumbrances. The parties acknowledge that during the marriage they incurred debt on a Mastercard in Wife's name alone as well as ajoint debt to acquire furniture. Wife shall be solely and exclusively responsible for satisfaction of these debts and shall indemnify and hold Husband harmless from any liability thereon including, but not limited to, cost of court and actual attorney's fees incurred by Husband in connection therewith. (k) Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, 'and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 8 ""'..~"'tw~---""'-"",,, - "~ - "~ ~ """"""""" ~ ~,. -~~i - . -~-, . . (I) 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 damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (m) 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 attorney's fees incurred by Husband in connection therewith. (n) Warrantvas to Future Oblb,:ations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights 9 ~,._.~~~, ~ ,~ ..-. ~_o .~ . and claims which he or she may have now or hereafter by reason ofthe parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification ofthe terms of this paragraph in a court oflaw or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate ofthe other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, 10 "~'~ti'": -0 ~~, ~. ~Ij " T"'-d._"'_._t. 'I~ 11 IIII~" ~lIIiIl)j1-"'" 11'1~,l-ii '" "-- . ' . . deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate ofthe deceased party. 10. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to 93502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date ofthis Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights 11 ''''-''''4:~ilii> ,> f-'1 . .' and obligations 'which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other' right or obligation, economic or otherwise, whether arising out ofthe marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. ( c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising: The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime 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 state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution ofthis Agreement an absolute and unconditional release and discharge from all causes 12 .,ll~~ "'~.~~." ~"~,~ ~~ ~ ---" -...."@~ia:Iiioli.li~..! . .' of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 11. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 12. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be. effective unless in writing signed by each of the parties hereto. 13. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 14. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights ofthe non-breaching party. 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt 13 '~:<B<""""" ~,~..~. - ~~..~ ~- ~.- ~,..- ~.tiI~ . " . requested, Notice to Husband will be sufficient if made or addressed to the following: Stephen p, Gensemer 3818 Manchester Road Allentown, Pennsylvania 18104 and to Wife, ifmade or addressed to the following: Christine J, Gensemer 1202 Edinburg Circle New Cumberland, Pennsylvania 17070 Notice shall be deemed to have occurred upon the date received by the recipient Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph, 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws ofthe Commonwealth of Pennsylvania (without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement ifthey do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date, 20. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even ifthe parties effect a reconciliation, cohabit as husband and wife or attempt to effect a 14 ,'!L~~""'~=_oW""" .~~""~~ - . . - ~l>. -. 'h' ~ ~, ." ~~ - ~ -, ""I.l:~ . . reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part ohhis Agreement nor shall they affect its meaning, construction or effect. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 24. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes ohhis Agreement. If either party unreasonably fails on demand to comply with these provisions, that 15 )'- ,~~~ .. ~ , - ~ul lOii.ld1 E:1Il.!L. 0'." ' , " party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the 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. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of WI ~ALNtLfi NESS / R 16 .-- - ~ ~ - ""'-&-":1.. . .' . COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ) BEFORE ME, the undersigned authority. on this day personally appeared STEPHEN P. GENSEMER known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this \ 5 day of '\'f\~~c'A- ,2001. r~ Notary Public in and for Commonwealth of Pennsylvania T ed or pri~rffll~'bfNotary: Oawalcfo Rivera;sr:;^l'lotary pUlllrc Allentown, Lehigh County lIIla8lon......a4 .. My commission expires: 17 1'~>i~,""",,~,,,,",~ " ..~ - "" - ,~~ .. ~ ~~............ , . , . COMMONWEALTH OF PENNSYLVANIA COUNTY OF J)(}j-\"phin ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared CHRISTINE J. GENSEMER known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I q -iJ1 day of -~ ,2001. ~C1Md ~ N ary Public in lthd for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: ~ . ..... .PubJtc Mvc:o, ..... . ... ... . · _. ... _2002 ber, ~/IM ,llllI~n Of NoIattea 18 il, . ." h" ' ., ' . "~illi:,~V;f.;"I" ,. .,. .qJ.. ,,:. .... . . .c...........Pi;.;.'n:l..~,:." :.A'!l. ..~~'fI~,'.'~;:~1;?' ..',' "~',.H'" ,x. t':!'A",..~:~",:,.,.,.-,\,,,)'l.Ui'f':)-' ~..,,;.~.., I . '''.. . h'):,,," _...." .,,,,:,:1 ~':'.,,' I"";~;;~./""" ,"'.1 1l'WI-"*',......l.~.,. l"~ ""'f'F' lJr....' ,.~.,..-''lf. . ."'iJ'. . '''F''#h 'I /_' '....ffiou i~ . ,., ~ ~ t" ~. " "t,' I . :'- :"""\ --.." " ',. "" ,q '~":':"'If"f!~:'" :",.;, , ,',", ';~i:~'i1'!i:'~ ,,'," ,,!,.,:.;~~,!.l.;m';~J:;';:\i;;'..l ,':'~"~""'~':, ' .~ f,~l:. . '''v.::,:"..~.?b!;,. ~:;::"...:.;.:,;rj:.~~,(..:.- "'" ' . """,::' ;".' ";", "'J:!f:'1~1JI~~1::;',' . ",' >",,,,,, .T." ".,,1.',' .,',;.!1.tieU .". "i:,' (l ""'."', ::__.:.:"<@ :,U~~C:{ bED "";;;~\:':'[::>; @ ,,);~~ .D~$5f( @ P.61 \ To~ r7'l\' C ~ Il<'f,1 :::>l-I!",I/IJJ(~ U-'I,"O @) ~C-110N"l. :;~A - .,,'. \". -, :~.. . ".:, .:.~. '. .' . . , '.': .~'! -.;~~; .' ..' . I ql Kf/,.J<; 1&". . 6 A~,~;': 'i~i$~1:r l>ct.. ;4..;,\.1', ft1i(1~TC~(''' l.1v ~lf 'tp ~/;S~4.1 14~'l.J')'~ f)5 Gu.ctvA-! G(.~fe,f. c fR O!..ir1p. j:S'/'Il.';t u."'t:;.~ . @gtfM:":.th4-rt-tl.-' @ G'LA~ ~ Ce~\.l ~ @ R~<:,< -t DEC)('1I~' Ct.'.::.$~ t @) ~,-~.t... ~~. - (J) -(~{. r;y~t? CID &,z..x:> (jlDliN2. @ )/.t.. 6.~IJI~ +-+lf6tWAL C .~ "-i t @ BrAuN ~~!; g!JVb~L- w/hlCJ~~ @ (f/A,~1'I/JI ~~a. ~"T" @) i?~ ~{.( G'-A~S @ l?wrt q !2--rr. (Lhb-~vG- (;1(-;-- {;3"I e,1. !1c11.4>1~) @ !?-r"tJZ-f S;1"' ([Jbb'I>Jc. G/~~ ~~ ,4",~ Mlk.,) @C,Yf'f.ll'" ~.A.vT'C"'" of- G,USSS {t,.~!)OII.J(, 6. ~ fi,., ft~ #CiA,;. @fl. ~!/t;N ''1(~6rl8/l"t:> II G,,~, (~~G') I. .. '~ ,;M"" ~ " 'iIlIliI .. 0" _. '~. \"",. '" ~,o _ ,'~ _ " _. ~__""J"~,_~"",,_"." _. ,,' ~, ",,' Wll " " d'" "~",.,.""'.," ,\-. - .>' 0 ~- .. ~", . , ~~ ~'i'1 ~" '- , " , r; '--1 .. . C/-:' ( r:_ " , ~_C ., , ~ en .J -.:, ~~ o' I , I . , . . " . . :~. J" ,.- 1'1' " , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN P. GENSEMER, Plaintiff v. ) ) ) ) ) ) ) NO. 2000-2391 CIVIL TERM CHRISTINE J. GENSEMER, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE 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 fot divorce: Irretrievable breakdown under S3301(c) bfthe Divorce Code. 2. Date and manner of service of the complaint: Service by certified mail on April 21, 2000; Affidavit of Service filed April 26, 2000. 3. Date of execution of the affidavit of consent required by S3301(c) of the Divorce Code: by plaintiff, June 18,2001; by defendant, June 25,2001. 4. Related claims pending: All claims resolved by Marital Settlement Agreement entered into between the parties on April 19, 2001. 5. Date plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in S3301(c) Divorce was filed with the prothonotary: contemporaneously herewith. Date: rJ -)--61 Cindy S. Co ley, HOWETT, , P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Stephen P. Gensemer 3'!'~"",,,",,~~~ . ~ . -~ ~, _~I""'''''''''''''~_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN P. GENSEMER, Plaintiff v. ) ) ) ) ) ) ) NO. 2000- ::J"lQ( CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CHRISTINE J. GENSEMER, Defendant NOTICE 1'0 DEFEND AND CLAIM RIGHTS 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 divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 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 TillS 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Telephone: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. i~l. ~. ~~ .~ " lHllw'~ ~ ~ Ol!<t Of! JlI( _~~""_.-~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA STEPHEN P. GENSEMER, Plaintiff v. ) ) ) ) ) ) ) NO. 2000- ;I3CJ/ CIVIL TERM CHRISTINE J. GENSEMER, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Stephen P. Gensemer, by and through his counsel, Howett, Kissinger & Conley, P.C., who states the following in support of the within Complaint: 1. Plaintiff is Stephen P. Gensemer, an adult individual who currently resides at 3818 Manchester Road, A1lentow, Lehigh County, Pennsylvania, 18104. 2. Defendant is Christine 1. Gensemer, an adult individual who currently resides at 1202 Edinburg Circle, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on October 26, 1996 in Harrisburg, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States of its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. ~l~ ~ ~ - ~~" ~ -- .-~- -- l!I... . ~. ~. - 6. There have been no prior actions for divorce or annulment of the marriage instituted by either ofthe parties in this or any other jurisdiction. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The marriage of the parties is irretrievably broken. 9. The parties have lived separate and apart since in or about March 8, 2000. 10. Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, Date: /3 CJ.p4 ()t) C ~./.4 Cindy S. Co'fuey squire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg,PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Stephen P. Gensemer ;'"~ ..... -I'll """'"U .-tiTh . . , VERIFICATION I, Cindy S. Conley, Esquire, hereby swear and affIrm that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff, Stephen P. Gensemer and from my own first-hand knowledge and that said facts are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Plaintiff is outside the jurisdiction of this Court such that his verification cannot be timely obtained. Date: 13~(X) ~c: Cindy S. Colli ,Esquire - ~~ ,~ , -'-o,~. . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN P. GENSEMER, Plaintiff v. ) ) ) ) ) ) ) NO. 2000-2391 CNIL TERM CHRISTINE J. GENSEMER, Defendant CNIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE Cindy S. Conley, being duly sworn according to law, deposes and says that she is an attorney at law authorized to practice in the Commonwealth of Pennsylvania, and that on the 17th day of April, 2000, she sent the original ofthe attached letter, with which was enclosed a certified, time-stamped copy of the Complaint in Divorce in the above-captioned matter, properly endorsed, to the Defendant, Christine Gensemer, by certified mail, postage prepaid, return receipt requested, restricted delivery, pursuant to PaRC.P. 1930.4, to 1202 Edinburg Circle, New Cumberland, P A, 17070, the Defendant's last known address, and that the return receipt card which was signed by Christine Gensemer, marked as having been delivered to her on April 21, 2000, is attached hereto and made a part hereof. Cindy S. Co HOWETT, SSINGER & 130 Walnut Street P. O. Box 810 Harrisburg, P A 171 08 Telephone: (717) 234-2616 Counsel for Plaintiff Christine Gensemer SWORN TO AND SUBSCRIBED beD Ie me this J2 day of April, 2000. ( ,>, , , NOTARIAL SEAL """A,8&BMM' SHIMP, Notary pubnCl Harrisburg, Dauphin County, PA =is . .2001 .. ~ . , ^ ,.,. "<0;1 , LAw OFFICES OF . . HOWETT, KISSINGER & CONLEY, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRJSBURG, PENNSYLVANIA 11108 JOHN C. HOWETT DONALD T. KlSSrNGER CrNDY S. CONLEY (717)234.2616 FAX (717) 234.5402 DEBRA M. SHIMP, legal Assistant April 17, 2000 CERTIFIED MAIL NO. P170664787 RESTRICTED DELIVERY RETURN RECEIPT REQUESTED Mrs. Christine Gensemer 1202 Edinburg Circle New Cumberland, P A 17070 Re: Gensemer v. Gensemer Dear Mrs. Gensemer: Steve has retained our firm to represent him concerning your matrimonial difficulties. Enclosed please find a Complaint in Divorce which we have filed on Steve's behalf in Cumberland County, Also enclosed are four originals of a proposed Marital Settlement Agreement. We understand that the assets in this case are relatively limited. The house was sold with the $14,500 in proceeds sitting in a bank account controlled by you. There is credit card debt for a card in your name with Mastercard in the approximate amount of$IO,OOO. The agreement proposes that you be responsible for that debt and that you retain total ownership of the house proceeds. You each accumulated 401 (k) benefits during your marriage. The marital portion of your 401(k) is substantially greater than Steve's, but the settlement agreement proposes that you each keep your own 401 (k), Steve proposes that he would keep the car titled in joint names, which he has kept possession of, and be solely responsible for the debt on that car. The agreement proposes that title would be transferred to him and that he would hold you hannless on the debt. Attached as an exhibit to the settlement agreement is a list of the personal property Steve would like to have. He advises that this is less than half of the personal property, in both volume ';md value, and, if this agreement is acceptable to you, we would like to arrange a time, convenient to you, that he can come and pick up those items. The dining room furniture would be retained by you along with the debt on the dining room furniture from which you would agree to hold Steve harmless. The agreement also provides that the 1999 joint income tax return be divided equally between the two of you. " , . -~ -.--~ ~ " ~ -L Mrs. Christine Gensemer April 17,2000 Page Two You are aware that Steve is currently unemployed, but even when employed, made substantially less money than you are making. Nevertheless, the agreement waives any right Steve would have to seek alimony or interim support from you. Each party would pay their own attorney's fees. You are not required to seek the advice of an attorney, however, I strongly advise you to do so. You should take this letter, the divorce complaint, and the Marital Settlement Agreement to an attorney of your choice for review. Please have your attorney get in touch with me. Assuming the settlement agreement is acceptable, you should return two fully-executed copies to our office. Once 90 days have passed from the date of service of the divorce complaint, we will send to your attorney (or to you if you elect not to have one) appropriate forms consenting to the entry of the divorce decree. A decree will be entered shortly thereafter, and a copy will be provided to you. Very truly yours, CSC/dms Enclosures (certified divorce complaint / four duplicate MSAs) cc: Stephen P. Gensemer ~#(~ Cmdy S. C<mI", r ". ":, '. j'~ . "f_ ' P 170 1:.64 787 us POstal Service Receipt for Certified Mail No Insurance Coverage Provided. Do r j no use or IntematiOllal Mail ISee revslSe) ~~. (1".:,1,'., 0a"lS0~v ~& Number I 'J. '-~l'OAh.<""/ CircLe ~Offlce, Stale, & ,z/: ~ode .e.-w C,,"^ ~iAr-.d 1# l7D71 Postage $ Certified Fee Special Delivery Fee "' Restricted Delivery Fee Ol ReIUnt Receipt Showing to Ol ~ Whom & Date Delivered - ~ ReItim~ShowtogIoWllom, 1la~,&~..Address Cl Cl TOTAL Postage & Fees $ <0 C') Posfmalk orDate E fi. If 'OJ SENDER: ." Ui [] Complete items 1 and/or.2 for additional services. 3l Complete items 3, 4a, and 4b. In C Print your name and address on the reverse of this farm so that we can return this ~ card to you. !! 0 Attach this form to the front of the mailpiece, Of on the back if space doell not CD permit. -5 C'Write -Return Receipt R8quested" on the mailpiece belOw, the alticle rwmber, o The Retum Receipt will show to whom the article was delivered and the date Ii delivered. I 3.ArtiCleAddress~to: .' 4a.Aplj7Dr (Qh t ()0n'8HlLe-- 6..vr-&Mtr 4b.ServiceType " L_I . 1', ~ I 0 Registered "Certified' I}.D fA.. f'L--VlYl t:O(O)0tIQL 0 Express Mall olnsurad ,~~,.'" ~~--pA- DRetumRecelptforMerchandlse DeDD "\oMU J ;6'70 7.DateofDeI~e /, .'1"- 8. Addressee's Address (Only if requested and fee is paid) I also wish to receive the follow~ ing services (for an extra fee): 1. 0 Addressee's Address 2)(Restrlcted Defivery to2595~ Domestic Return Receipt ---- ---- ---- ----- \\ , .rt'f'. ", ;:::'~,:~ember 1994 - ,~ - i I J f i ! 'I .. >, - ~ . ,);i,__ , ~ .," .,., . .~ . ; - . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN P. GENSEMER, Plaintiff v. ) ) ) ) ) ) ) NO. 2000-2391 CNIL TERM CHRISTINE J. GENSEMER, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDA \lIT OF CONSENT AND WAIVER OF COUNSELING l. April 14, 2000. 2. A complaint in divorce under g3301(c) of the Divorce Code was filed on The marriage of Plaintiff and Defendant is irretrievably broken, and ninety 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 after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 63301(c) OF THE DIVORCE CODE I. I consent to the entry of a fmal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 will be sent to me immediately after it is filed with the prothonotary. 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.A. 904, relating to I Date: bh~!o ) I I unsworn falsification to authorities. P. Gensemer, Plaintiff "c,_, _.___,.j>,_.,_,~=~-,--",,---__~_'_'_ ,-"I, . -:- . . , MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney J.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant STEPHEN P. GENSEMER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2000-2391 CIVIL TERM CHRISTINE J. GENSEMER, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 14, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. Section 4904 rdating to unsworn falsification to authorities. Date: ~ - El '5,Ol ~u~6-~~' CHRI INE 1. GEN EMER, Defendant ___I _- 'l!'~"'''''''' ,l;,J~~@n;*"~r;i;Z?tJ""W;~,i'J~$11ifi~~'l'~;aM!~,:,\"lt'mlW,t~'r~'~,[.;.-r'>./iC..tJil'it",,,,,-~,,,",,,",:cp~..~t=<>",,"""'-;<;'1""""'I'''<:i>~'~"",,'---~ -~ '1:,,,,,,,,,,~=,,,,,,,,,,___., .Q.- ~-'~-~~='->~-~-~""--- ^""">".,- _',",.',60" _.", '--,"',,1<.,'" --,',-",-.. ." . 0 0 0 c: -'1 %: L.. v 0::; \-.- rnp--, , Z:::::::; ; ;::: r en 1'.. (.,,) -<;.c r::::c; -;J ~~< ; ~t> c:: ~-J :;::4 "7 ,,-'" :;;., :J:] -< en -< ~.. - .-.-. 'j~~"",'irlMn;;,;" ~[--' ~,-,,- \'Wi7"':ffif$.f.'t-"iiE1(. " _",._-",--~~._,,:j"".M,'L"-'_~ !II ..,,~ '" .. -'" -. MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney J.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant STEPHEN P. GENSEMER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-2391 CIVIL TERM CHRISTINE 1. GENSEMER, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER 113301(c) OF THE DIVORCE CODE 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 expenses if! 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 will be sent to me immediately after it is filed with the Prothonotary. 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: l.o~;;'S'DI ~vua::~~,-- CHRISTINE 1. GENS ME , Defendant --:~~~l'l~: __ o. "._""""""""",."""",..",",",~""ff,._",~."",."".,,,..,,_=."~,_,,,,'~""_~"''''''_~'_~~'__~'''._C'._ __c.~._. c.,.. .'.