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POPOVIC v. POPOVIC (06/15/61)

June 15, 1961

POPOVIC
v.
POPOVIC, APPELLANT.



Appeal, No. 220, April T., 1960, from decree of Court of Common Pleas of Allegheny County, Jan. T., 292 1959, No. 1255, in case of Thomas A. Popovic v. Ann Marie Popovic. Decree affirmed.

COUNSEL

Marcella R. McNanamy, for appellant.

Harry S. Kalson, for appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Montgomery

[ 195 Pa. Super. Page 292]

OPINION BY MONTGOMERY, J.

This is an appeal from a decree granting a divorce a.v.m. in favor of Thomas A. Popovic against Ann Marie Popovic on the grounds of desertion. The parties were marries September 5, 1953. There was one daughter born of the marriage.

The appellee is a career enlisted serviceman in the United States Navy, having enlisted in 1947. He is assigned to a ship which spends approximately six months of each year at sea.

In 1956, while residing in Boston, which at the time was the home port of the appellee's ship, the appellant, in the ninth month of her pregnancy developed a severe nervous and emotional condition. Appellee brought appellant to the home of her parents in Pittsburgh from whence she was admitted to St. Francis Hospital under the care of Dr. Raymond L. Rau, a neuropsychiatrist.

On August 5, 1956 she was discharged from the hospital with an arrangement that she would undergo regular psychotherapy treatments administered by Dr. Rau at his office. The appellee, through the intervention of Dr. Rau and the American Red Cross, secured an emergency transfer for a six months period to Pittsburgh so that he could be near his wife during her

[ 195 Pa. Super. Page 293]

    convalescent period. After the six months emergency transfer expired, appellee was transferred back to his ship and was based in Newport, Rhode Island. Appellant stayed in Pittsburgh allegedly on the advice of Dr. Rau, in order to be near her family and her husband's family for such help as her condition might require and particularly because her husband would be at sea much of the time. Her condition indicates residuals of schizophrenic reaction with periods of depression and she suffers also from hydrops of the labyrinth and cochlea resulting in considerable impairment of hearing.

The appellee made several requests for the appellant to join him and designated the date of August 15, 1957 as the time appellant definitely refused to make a home with him. Early in 1958, plaintiff again requested the defendant to make a home with him, and actually, on one of his trips to Pittsburgh, persuaded her to accompany him back to Rhode Island to look at prospective living quarters. She remained in Rhode Island for approximately one week during which she and her baby daughter were guests in the home of friends of the appellee. It is apparent that appellee thought he could through military channels for Government transportation Rhode Island as he at that time made ...


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