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COMMONWEALTH EX REL. HAYES v. HAYES. (03/21/62)

March 21, 1962

COMMONWEALTH EX REL. HAYES, APPELLANT,
v.
HAYES.



Appeal, No. 288, Oct. T., 1961, from order of Municipal Court of Philadelphia County, Feb. T., 1957, No. 413, in case of Commonwealth ex rel. Catherine Hayes v. Edward Hayes. Order reversed.

COUNSEL

David Zwanetz, for appellant.

Wm. Vincent Mullin, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Montgomery

[ 197 Pa. Super. Page 375]

OPINION BY MONTGOMERY, J.

This is an appeal from an order vacating a prior agreed support order and dismissing the wife's petition to reduce to judgment the arrearages which had accrued thereon.

The parties were married on June 12, 1954, when the husband was 52 years of age and the wife past 57. It was the second marriage for both parties. They lived together for a period of only 53 days until August 4, 1954, when the husband left the wife for the reason, as alleged by him, that he discovered she was being treated for syphilis. Since that date he has never cohabited or had any marital relations with her.

On September 29, 1954, the husband filed a complaint in divorce on the grounds of fraud in the procurement of the marriage, indignities to the person, and cruel and barbarous treatment. The master recommended dismissal of his complaint and was upheld by the court.

On December 12, 1956, the wife filed a petition for support which resulted, pursuant to an agreement, in a support order dated January 31, 1957, against the husband in favor of the wife in the sum of $12.50 per week.

On September 17, 1957, a petition for attachment was granted and the husband was committed for 30 days to the House of Correction in default of payment of $150 arrears.

[ 197 Pa. Super. Page 376]

On March 20, 1959, arrearages on the order in the sum of $1,337.50 were reduced to judgment, and the husband's petition to vacate the order was dismissed. On the same day an attachment against the husband was issued which was ...


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