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PONTER v. PONTER

135 N.J. Super. 50 (1975)

342 A.2d 574

JUDITH PONTER, R.P. GOTCHEL, M.D.; R. KESSLER, M.D.; R.A. RODGERS, JR., M.D.; J.P. BURNS, JR., M.D. INDIVIDUALLY AND COLLECTIVELY AS ASSOCIATES OF THE WESTWOOD OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.A., A PROFESSIONAL ASSOCIATION, PLAINTIFFS, v. JOHN PONTER AND AETNA CASUALTY AND LIFE CO., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

June 9, 1975.

Attorney(s) appearing for the Case

Mr. John L. Ensminger for plaintiff Judith Ponter (Camden Regional Legal Services, Inc.).

Ms. Phyllis G. Warren and Mr. Raymond J. Lesniak for plaintiffs Judith Ponter, Gotchel, Kessler, Rodgers, Burns & Westwood Obstetrical and Gynecological Associates, P.A. (New Jersey State Office of Legal Services).

Mr. Leonard C. Horn for defendant Aetna Casualty and Life Co. (Messrs. Horn, Weinstein & Kaplan, attorneys).

No one appearing for defendant John Ponter.

GRUCCIO, J.S.C.

The facts in the instant case are not disputed and are as follows: Plaintiff Judith Ponter and defendant John Ponter are married but have been living separate and apart since 1969. During the period they co-habited three children were born. Judith is due to give birth to another child fathered by someone other than her husband. She has unilaterally decided that she no longer desires to utilize her capacity...

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