HomeMy WebLinkAbout99-1678 civilTIMO'?HY HOGG, : IN THE COURT OF COMMON PLEAS OF
;~laintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: CIVIL ACTION - LAW
HIGHMARK, INC. d/b/a
PENNSYLVANIA BLUE SHIELD,
Defendant : No. 99-1678 CIVIL TERM
IN RE: DEFENDANT'S WRIT OF CERTIORARI
BEFORE HOFFER~ P.J.~ OLER~ J. and GUIDO, J.
ORDER OF COURT
ANDNOW, .,~,4,~ '~ , 2000, upon careful consideration
of both parties' briefs and argument, defendant's Writ of Certiorari is granted.
Accordingly, District Justice Manlove's judgment against defendant is stricken and
District Justice Manlove is directed to take no further action in this matter.
By the Court,
Bridget E. Montgomery, Esquire
One South Market Square Building
213 Market Street, 8th Floor
Harrisburg, PA 17101
For the Defendant
Mr. Timothy J. Hogg
128 Forest Drive
Camp Hill, PA 17011
Pro se
TIMOTHY HOGG, IN THE COURT OF COMMON PLEAS OF
Plaintiff : C~ iMBERLAND COUNTY,
i'~ ~!: ~'.~; N S'¢LVAN IA
VS.
: CIVIL ACTION - LAW
HIGHMARK, INC. d/b/a
PENNSYLVANIA BLUE SHIELD,
Defendant : No. 99-1678 CIVIL TERM
IN RE: DEFENDANT'S WRIT OF CERTIORARI
BEFORE HOFFER, P.J., OLER, J and GUIDO, J.
OPINION
HOFFER, J.:
Before the court is a Praecipe for Writ of Certiorari filed by defendant
asking the Court to strike the District Justice's judgment against defendant and to
direct the District Justice to take no further action in this matter.
Plaintiff filed a civil complaint against defendant before the District Court 9-
1-02, in Cumberland County, which has been docketed at CV-0000417-98. The
complaint alleges that plaintiff's wife opted for coverage for plaintiff and family
under the Consolidated Omnibus Budget Reconciliation Act (hereinafter
"COBRA"), 29 U.S.C. §§ 1161 et seq., while employed by defendant. After
plaintiff's wife became pregnant, the complaint avers that coverage premiums
were retroactively raised without prior notification or justification. Because of a
pre-existing condition, plaintiff claims that he and his wife were forced to buy a
more costly continuing coverage policy. Plaintiff's coverage was terminated for
non-payment on March 31, 1998. The complaint seeks a judgment of $2323.72,
NO. 99-1678 CIVIL TERM
the difference in premium costs between the two policies from Nov. 1, 1.o.~:.' to
July 31, 1998.
Defendant was served with a copy of the complaint on October 6, 1998.
Defendant filed a Notice of Removal with the Middle District Court of Pennsylvania
on November 5, 1998, which has been docketed at 1: CV-98-1817. Defendant's
removal to the Middle District of Pennsylvania is premised upon the allegation that
the case arises under a federal statute, the Consolidated Omnibus Budget
Reconciliation Act ("COBRA"), 29 U.S.C. §§1661, et seq. The existence of a federal
question vests original jurisdiction in the federal court pursuant to 28 U.S.C. §1331,
and the action is removable pursuant to 28 U.S.C. §1441(a) and (b). Defendant
properly provided notice of the removal to the District Justice and to the plaintiff, and
made a motion in federal court to dismiss the claim. Plaintiff filed a motion with the
federal court to remand the matter to state court. Both defendant's Motion to
Dismiss and plaintiff's Motion to Remand remain outstanding in federal court, waiting
disposition. Despite notice of removal, the District Justice found that the proper
jurisdiction of the case is the State Court System and, consequently, adjudicated the
case. Defendant failed to appear at the hearing to argue the facts in the case and
Judgment was entered for plaintiff.
Pursuant to 28 U.S.C. § 1446 (d), when a case has been removed to Federal
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NO. 99-1678 CIVIL TERM
Court, the State Court does not have jurisdiction over the matter unless and until the
matter is remanded by the Federal District Court. Since the present case has been
properly removed to federal court, defendant's Writ for Certiorari is granted. The
District Justice's judgment against defendant is hereby stricken and the District
JL~stice is directed to take no further action in this manner on the grounds that he is
without jurisdiction while the matter is properly pending before the federal court.
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