HomeMy WebLinkAbout94-0245 CivilWARREN AMMAN,
Plaintiff
v.
JEAN S. AMMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-0245 CIVIL TERM
IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF
REGARDING THE PAYMENT OF HEALTH INSURANCE
FOR DEFENDANT
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this %~day of June, 1998, upon consideration of
Plaintiff's Petition for Special Relief Regarding the Payment of
Health Insurance for Defendant, following a hearing held on June 5,
1998, and for the reasons stated in the accompanying opinion, the
petition is DENIED.
Steven Howell, Esq.
619 Bridge Street
New Cumberland, PA 17070
Attorney for Plaintiff
BY THE COURT,
J~e~ley Oler~., i
P. Richard Wagner, Esq.
2233 North Front Street
Harrisburg, PA 17110
Attorney for Defendant
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WARREN AMMAN,
Plaintiff
v.
JEAN S. AMMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-0245 CIVIL TERM
IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF
REGARDING THE PAYMENT OF HEALTH INSURANCE
FOR DEFENDANT
BEFORE OLER, J.
OPINION and ORDER OF COURT
Oler, J., June , 1998.
For disposition in this bifurcated divorce case is Plaintiff's
petition to terminate his obligation to provide COBRA health
insurance coverage for Defendant, if .available through his
employer, until the filing of a master's report. Plaintiff's
obligation in this respect is contained in the following order of
court:
AND NOW, this 7th day of February, 1997,
upon consideration of the Plaintiff's Petition
for Bifurcation filed on or about January 6,
1997, and pursuant to an agreement of the
parties reached in open court with their
counsel, it is ordered and directed as
follows:
1. Plaintiff's Petition for Bifurcation
is granted.
2. The parties are directed to file
through their counsel affidavits of consent
and waivers of notices of intention to file
the praecipe to transmit the record no later
than February 13, 1997, with the prothonotary.
3. Husband is responsible for COBRA
coverage for wife, if available through
employer, up through the time of the Master's
report's filing.
NO. 94-0245 CIVIL TERM
4. The Court shall reserve jurisdiction
over the equitable distribution claim.
Plaintiff's petition alleges that Defendant has adequate
financial resources to provide her own health insurance, that
Plaintiff's financial position has deteriorated since the Court's
order, and that Defendant is delaying the Master's proceedings to
prolong her insurance coverage at Plaintiff's expense.
A hearing was held on Plaintiff's petition on Friday, June 5,
1998.
DISCUSSION
Alleqed chanqes in economic circumstances of parties. The
obligation which Plaintiff seeks to terminate arose out of an
agreement between the parties whereby Defendant acquiesced in
Plaintiff's request for a bifurcation of the divorce proceedings in
return for Plaintiff's assumption of responsibility for Defendant's
health insurance coverage, if such coverage was available, pending
the master's report on the remaining economic issue. The agreement
did not provide for termination of the obligation in the event of
changes in economic circumstances of the parties. In the absence
of fraud, accident or mistake, the court does not believe it would
be proper to revise the order to introduce such a contingency when
Plaintiff has irrevocably received the benefit of the parties'
bargain the form of a divorce decree. Cf. Penn Township v. Watts,
152 Pa. Commw. 359, 618 A.2d 1244 (1992).
NO. 94-0245 CIVIL TERM
Alleqed delay in master's proceedinqs. The evidence at the
hearing on Plaintiff's petition revealed that a substantial period
of delay in the master's proceedings had resulted from a
continuance requested by Plaintiff to accommodate a change in his
employment. Under the circumstances, the court does not find
itself in a position to conclude that the continued pendency of the
case before the master is attributable to a design on the part of
Defendant to prolong her health insurance coverage at Plaintiff's
expense.
For
entered:
these reasons, the following order of court will be
ORDER OF COURT
AND NOW, this 8th day of June, 1998, upon consideration of
Plaintiff's Petition for Special Relief Regarding the Payment of
Health Insurance for Defendant, following a hearing held on June 5,
1998, and for the reasons stated in the accompanying opinion, the
petition is DENIED.
BY THE COURT,
Steven Howell, Esq.
619 Bridge Street
New Cumberland, PA 17070
Attorney for Plaintiff
s/ J. Wesley Oler, Jr.
J. Wesley Oler, Jr., J.
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NO. 94-0245 CIVIL TERM
p. Richard Wagner, Esq.
2233 North Front Street
Harrisburg, PA 17110
Attorney for Defendant
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