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HomeMy WebLinkAbout02-5292 NMPHILIP V. HOFFMAN, Petitioner V. BARBARA D. HOFFMAN, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSV? VANIQ, e CIVIL ACTION -LAW rnrz C_ 02-5292 CIVIL TERM . IN DIVORCE' c -f --v PRAECIPE TO WITHDRAW APPEARANCE y. To The Prothonotary: Please withdraw the appearance of the law firm of Martson Deardorff Williams & Otto on behalf of the Plaintiff, Philip V. Hoffman, in the above captioned case. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO Dated: January 2011 Thomas J. Williams, Esquire Supreme Court I.D. No. S 1 Ten East High Street Carlisle, PA 17013 (717) 243-3341 PRAECIPE TO ENTER APPEARANCE To The Prothonotary: Please enter my appearance on behalf of the Plaintiff, Philip V. Hoffman, in the above captioned case. Respectfully Submitted, Date: January /15, 2011 IRWIN & McKNIGHT, P.C. _A4--0A4& Doug as G filler, squire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: KARL E. ROMINGER, ESQUIRE 155 SOUTH HANOVER STREET CARLISLE, PA 17013 Date: January 18, 2011 IRWIN & McKNIGHT, P.C. a"ey-/y&- Douglas Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 T. PHILIP V. HOFFMAN, IN THE COURT OF COMMON PLEAS O Plaintiff :CUMBERLAND COUNTY, PENNSYLV IA v :CIVIL ACTION -LAW '~ =` ~' ..~ c --~ ~ No. 20112 - 5292 CIVIL TERM ~ BARBARA D. HOFFMAN, ~ ~ ~ ~? Defendant IN DIVORCE z s z'r' ~ ~~ ~ ~ AGREEMENT ~ w --c THIS AGREEMENT is entered into the ~~~ay of _ , 2012, by and between BARBARA D. HOFFMAN, an adult individual of Cumberland Coun , Pennsylvania, hereinafter called the "Wife"; and PHILIP V. HOFFMAN, an adult individual of Cumberland County, Pennsy hereinafter called the "Husband". WHEREAS, the parties were married on October 27, 1963, separated on November 2002, and a divorce action filed on November 1, 2002; and WHEREAS, the divorce action was filed in Cumberland County, Pennsylvania Docket No. 2002 - 5292; and WHEREAS, a settlement agreement was reached and signed by the parties and respective legal counsel on or about September 20, 2007, before the Divorce Master Cumberland County, which agreement is docketed at No. 2002 - 5292; and WHEREAS, under the terms of the marriage settlement agreement certain state federal tax liens in the approximate stated amount of $125,000.00 were to be negotiated settled by Wife's legal counsel; and __ _ _ __ T_ ~ T _ _ _ ---- -- - _~ ____ T _ _ _~ .,. f• ~ WHEREAS, between 2007 and 2012 Wife's legal counsel did not obtain settlements of the applicable state and federal tax liens; and WHEREAS, under additional terms of the marriage settlement agreement agreed to transfer to Wife certain real estate lots; and WHEREAS, on at least two (2) prior occasions Husband paid the past due annual estate taxes, including penalties and interest, for the real estate lots that had been transferred Wife; and WHEREAS, under additional terms of the marriage settlement agreement resolution any alimony claims were deferred until negotiation and settlement of the various state federal tax liens was completed; and WHEREAS, a divorce decree was issued to the parties dated October 11, 2007, in the issue of alimony was reserved in accordance with the agreement of the parties entered in Office of the Divorce Master of Cumberland County; and WHEREAS, legal counsel for Husband has now obtained negotiated settlement of federal and state tax liens on behalf of Wife; and WHEREAS, the financial position of both parties has improved since the negotiation the divorce settlement terms, Wife anticipates receiving inheritance assets in the near futu with the payment of the tax liens Wife will be able to obtain additional proceeds from the sale the real property lots transferred to her by Husband, and both parties are able to pay for a provide for their own well-being. NOW, THEREFORE, the parties agree as follows: to 2 1. Both Husband and Wife waive, release, acquit, and forever discharge the other from any alimony claims or obligations by or for the other party. Said waiver shall specific ly include any and all alimony claims preserved in the settlement agreement reached by the part es before the Cumberland County Divorce Master and signed on September 20, 2007, as well as corresponding rights or claims preserved in the parties' Divorce Decree dated October 11, 20 7. Said. waiver shall also include any claim by Husband for repayment of any tax obligations p 'd by him for the vacant real estate lots transferred to Wife. The parties further agree to inde fY and hold each other harmless from any and all claims or demands made against one by the o er by reason of any remaining claims or issues preserved in the marriage settlement agreement r divorce action of the parties identified above.. 2. The recitals set forth above are incorporated herein, are an integral part of Agreement, and are not mere recital. 3. The parties acknowledge that they are either represented by counsel of his or her choosing, or, if not represented by counsel, understand that he or she has the right to counsel their choosing, are fully and completely informed of the facts relating to the subject matter this Agreement, are entering into this Agreement voluntarily after receiving the advice of coon or after choosing not to consult an attorney, have given careful and mature thought to the m~ of this Agreement, have carefully read each provision of this Agreement, and fully completely understand each provision of this Agreement, both as to the subject matter and effect of each provision. 3 4. The parties further agree that a complete copy of this Agreement shall be filed in above-referenced divorce action, and that the appointment of the Divorce Master in the part divorce action is to be vacated. 5. If either party breaches any provisions of this Agreement, the other party shall have ~ right, at his or her election, to sue for damages for such breach or seek such other remedies relief as may be available to him or her, and the party breaching this contract shall be responsil for payment of legal fees and costs incurred by the other in enforcing their rights under t Agreement. 6. This Agreement shall be binding upon and inure to the benefit of the parties and the respective heirs, personal representatives, successors, and permitted assigns. This Agreeme shall be governed by the laws of the Commonwealth of Pennsylvania and may only be amend by a written agreement duly executed by the parties hereto. The parties agree to cooperate wi the intent of this Agreement, and if necessary, to execute any and all such other documents effectuate the terms, conditions and intent of this Agreement. 7. If any clause or provision of this Agreement becomes or is found to be illegal unenforceable in any respect or for any reason, such clause or provision shall first be modified the extent necessary to make this Agreement legal and enforceable and then. if necessa severed from the remainder of the Agreement to allow the remainder of the Agreement to rem in full force and effect. 4 __ _ ~ _ _p ' ~ • INTENDING to be legally bound hereby, and for and in consideration of the covenants and conditions stated herein, the parties hereto enter their hands and seals on the set forth above as follows: WITNESS: P~fILIP . HOFF 5 PHILIP V. HOFFMAN, Plaintiff vs. . BARBARA D. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 5292 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ~~ day of ~ , 2012, the parties having been divorced on October 11, 2007, preserving at that time an alimony claim for further adjudication as a result of an agreement entered in the Master's office on September 20, 2007, a final agreement resolving all economic claims having been entered into on August 24, 2012, the appointment of the Master is vacated. r,...y n N ^r~ .~ .~~ ~ ~` ~ "CS ~ ~ -~C=~' Gjry 4~,1~s BY THE COURT, t~'~ '~ ]ate 3 ~..... p N ~C .c' ;W' . A ~' :"~. Ke n A. Hess, P.J. cc: "~ Douglas G. Miller Attorney for Plaintiff ~ Barbara D. Hoffman Defendant '~ ~ , ,P~da~ ~ l c,(~,.1.~ °~G~'