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HYLE v. HYLE (11/14/58)

November 14, 1958

HYLE
v.
HYLE, APPELLANT.



Appeal, No. 18, Oct. T., 1959, from order of Court of Quarter Sessions of Schuylkill County, March T., 1958, No. 126, in case of Vera Hyle v. Ralph M. Hyle. Order affirmed.

COUNSEL

Irving I. Erdheim, with him Charles L. Frank, for appellant.

C. Friedberg, for appellee.

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

Author: Wright

[ 188 Pa. Super. Page 21]

OPINION BY WRIGHT, J.

This proceeding originated in New York City on January 24, 1958, upon the petition of Vera Hyle for an order of support against her husband, Ralph M. Hyle, under the Uniform Support of Dependents Law of the State of New York. The purpose of this statute in enforcing the duty to support is the same as that of our Uniform Enforcement of Support Law. Act of May 10, 1951, P.L. 279, 62 P.S. 2043.1 et seq. See Commonwealth ex rel. Kreiner v. Scheidt, 183 Pa. Superior Ct. 277, 131 A.2d 147. The proceeding was transmitted to the Court of Quarter Sessions of Schuylkill County Pennsylvania, and filed in that court on

[ 188 Pa. Super. Page 22]

February 19, 1958. After hearings on June 16, June 30, and July 7, 1958, at which both parties appeared in person and by counsel, the court below, on August 1, 1958, entered an order directing Ralph M. Hyle to pay to his wife for her support the sum of $230.00 per month. This appeal followed.

The parties were married on August 31, 1935, and have no children. The wife is aged 50 years and the husband is 54. Their last marital domicile was in New York City, where the wife still resides. In June 1950, appellant took a government position in Washington, D.C. He continued to correspond with and support his wife until the latter part of February 1951. The following week the wife was served with notice of a divorce action in Lycoming County, Pennsylvania. She contested the action and it was eventually withdrawn. In the meantime the wife instituted a support action in the United States District Court for the District of Columbia. On May 27, 1953, that court entered an order directing appellant to pay support to his wife in the amount of $200.00 per month. In 1954, appellant filed another divorce action in Washington, D.C. This action was also contested and eventually withdrawn. The support order entered by the court in Washington was complied with until December 1957, when appellant discontinued payments, and the present action ensued.

The statement of the questions involved, as submitted by appellant, is as follows: "1. Is a wife, who for eight years, uniformly and arbitrarily refuses to accompany her husband to various new suitable marital homes, entitled to support? 2. Can a wife, seeking a support order, reject her husband's bona fide reconciliation offer in open Court, with impunity?" No question has been raised, nor could there well be on this record, with regard to the amount of the order.

[ 188 Pa. Super. Page 23]

The statutory purpose of support laws is to secure a reasonable allowance consistent with the husband's property, income, and earning capacity. See Commonwealth ex rel. Beckham v. Beckham, 186 Pa. Superior Ct. 74, 140 A.2d 471. The only legal cause which will justify refusal of support is conduct on the part of the wife which would constitute valid ground for divorce: Commonwealth ex rel. Mandell v. Mandell, 184 Pa. Superior Ct. 179, 133 A.2d 235. Our duty is to determine whether there is sufficient evidence to sustain the order of the hearing judge: Commonwealth ex rel. Lipschultz v. Lipschultz, 179 Pa. Superior Ct. 527, 117 A.2d 793; Commonwealth v. Cooper, 183 Pa. Superior Ct. 36, 128 A.2d 181.The credibility of the parties is within his province, Commonwealth ex rel. Kolbe v. Kolbe, 186 Pa. Superior Ct. 256, 142 A.2d 365, and we will not interfere with his ...


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