J-S32002-20 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 P.K. : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : S.S. : : Appellant : No. 28 EDA 2020 Appeal from the Order Entered December 9, 2019 In the Court of Common Pleas of Philadelphia County Domestic Relations at No(s): No. 180808471 BEFORE: KUNSELMAN, J., KING, J., and COLINS, J.* MEMORANDUM BY COLINS, J.: FILED SEPTEMBER 09, 2020 Appellant S.S. (Husband) appeals from the order of the Court of Common Pleas of Philadelphia County (trial court) denying his motion for a protective order with respect to a subpoena for his medical records in an action filed by Appellee P.K. (Wife) seeking an annulment of their marriage. For the reasons set forth below, we reverse. Husband and Wife were married on April 20, 2018. At the time that they first met, Husband lived in Michigan and Wife lived in Philadelphia, Pennsylvania. N.T., 3/27/19, at 13. Following the marriage, Husband moved from Michigan and he and Wife lived together in Philadelphia from May 21, 2018 through July 31, 2018. Id. at 29-30, 82-83. ____________________________________________ * Retired Senior Judge assigned to the Superior Court. J-S32002-20 On August 16, 2018, Wife filed a petition to annul the marriage on the ground of fraud, alleging that the parties discussed whether either of them had any psychiatric or psychological conditions prior to agreeing to marry and that Husband misrepresented that he had not been diagnosed with any psychiatric or psychological condition. Petition for Annulment of Marriage ¶7(e), (g). Wife contends that on August 5, 2018, she discovered that Husband had been diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) and dysthymic disorder and that she would not have married him if she had known of those diagnoses. N.T., 3/27/19, at 9-11, 32, 57; Wife’s Brief in Opposition to Protective Order at 4-5; Petition for Annulment of Marriage ¶7(e). Wife has also alleged that Husband, a citizen of India who is legally in the United States and had a pending employer-sponsored application for a green card, fraudulently induced her to marry him in order to obtain a spousal-sponsored green card application, which would be acted on more quickly than the employer-sponsored application. Petition for Annulment of Marriage ¶7(b), (f); N.T., 3/27/19, at 20, 24-29, 39. Husband denied that he misrepresented his psychiatric or psychological condition to Wife, denied that he married her to obtain a spousal sponsored green card, and denied that he committed any immigration fraud. Answer to Petition for Annulment of Marriage ¶7(b), (e)-(f). Husband filed a counter- claim for divorce, seeking a no-fault divorce and a fault divorce. -2- J-S32002-20 On March 19, 2019, Wife file a motion to compel Husband to answer interrogatories and produce documents concerning his mental health history. Following a hearing, the trial court on May 9, 2019 entered an order denying the motion to compel without prejudice. Trial Court Order, 5/9/19. On April 4, 2019, Wife also served Husband with a notice of intent to serve a ...
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