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COMMONWEALTH EX REL. COLEMAN v. COLEMAN (06/11/57)

June 11, 1957

COMMONWEALTH EX REL. COLEMAN
v.
COLEMAN, APPELLANT.



Appeal, No. 67, April T., 1957, from order of County Court of Allegheny County, 1955, No. C-926, in case of Commonwealth ex rel. Violet Coleman v. Reuben A. Coleman. Order reversed.

COUNSEL

Clyde P. Bailey, with him William J. Graham and Weller, Wicks & Wallace, for appellant.

Elliott W. Finkel, with him Kaplan, Finkel & Roth, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Watkins

[ 184 Pa. Super. Page 257]

OPINION BY WATKINS, J.

This is an appeal from an order of the County Court of Allegheny County, entered against the appellant, for the support of his wife in the sum of $80 per month. The proceedings were instituted under the Uniform Support Law by the filing of an information, made by the wife in Dade County, Florida.

This is the second marriage for both parties, the wife having been divorced six months prior to the present marriage and the husband having lost his wife in death, after 38 years of marriage. He has two sons by his first marriage. The wife is 48 years of age and the husband 67. She was a resident of Miami, Florida where she owns a home. He has lived his entire life

[ 184 Pa. Super. Page 258]

    in Pittsburgh where he owns extensive, valuable real estate and conducts a real estate business.

They were married November 5, 1952 and the husband provided an apartment in Pittsburgh where they made their residence. They also lived together at her home in Miami, Florida. Because of his business in Pittsburgh and because of their disagreements, they lived together in Pittsburgh and Miami only about 4 months from the date of marriage until April 19, 1953. April 19, 1953 was the last day the complainant fixed in her information that she lived with her husband.

There is evidence of trouble between the parties almost from the beginning of this marriage and although the testimony is conflicting they both agree that the causes of their trouble has been money and her desire to live in Florida and his desire to live in Pittsburgh.

The record shows that prior to their marriage a statement had been made to the wife by the husband of his ownership of real estate valued at $300,000 and she admits that her security, based on this information, was one of the reasons that induced her to make the marriage. Sometime after he left her home in Florida which she fixed as April 19, 1953 she left for Pittsburgh, as she stated, to investigate him as she had heard he had transferred his real estate to his son. She admits that he wanted her to return to him in Pittsburgh as indicated by telephone conversations. She also stated that her trip to Pittsburgh in April when the investigation was made, was for the purpose of arranging a reconciliation. By her investigation she discovered he had, a short time before marriage, transferred certain of his real estate to his son. This was the ...


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