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Chrysczanavicz v. Chrysczanavicz

Dismissal of contempt petition vacated; where petitioner was not given enough notice of hearing and was not present at hearing, where no sworn testimony was taken at hearing, and where no documents were entered into evidence, court abused its discretion by dismissing petition.

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� 1 Rhonda L. Chrysczanavicz (Mother) appeals pro se from an order of the Court of Common Pleas of Montgomery County that dismissed her contempt petition *fn1 against David M. Chrysczanavicz (Father) that alleged that Father had not complied with two court orders, requiring him to secure medical coverage for the parties’ minor child. *fn2 We vacate the order and remand the matter for an evidentiary hearing. =

� 2 On October 24, 2000, the parties entered into a stipulation and order of court that required Father to provide medical insurance for the parties’ minor child. The order further required that payment for any unreimbursed medial bills be divided between the parties with Father responsible for 80% and Mother responsible for 20%.

� 3 On May 3, 2001, Mother filed a contempt petition, alleging that Father had failed to pay child support and provide medical coverage as required by the October 24, 2000 order. At an attachment conference, held on June 12, 2001, Father paid arrearages in full, and acknowledged that in January of 2001 he had changed his medical insurance coverage from NASE to Physicians Mutual without notice to Mother.*fn3 He also indicated that he attempted to enroll in the CHIP program, but that the amount he earns made him ineligible. Father was ordered to have the minor child placed on his policy and provide insurance policy information and cards.

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