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COMMONWEALTH EX REL. PITUCCI v. PITUCCI. (04/18/63)

April 18, 1963

COMMONWEALTH EX REL. PITUCCI, APPELLANT.
v.
PITUCCI.



Appeal, No. 11, oct. T., 1962, from order of County Court of Philadelphia, Aug. T., 1961, No. 3646, in case of Commonwealth ex rel. Yolene Cardozo Pitucci v. Gus Pitucci. Order affirmed.

COUNSEL

Martin A. Ostrow, for appellant.

Nathan L. Posner, with him Fox, Rothschild, O'Brien & Frankel, for appellee.

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

Author: Ervin

[ 200 Pa. Super. Page 591]

OPINION BY ERVIN, J.

In this proceeding the wife's petition for an order on her husband for support was dismissed by the court

[ 200 Pa. Super. Page 592]

    below because the wife did not have adequate legal reason to leave her husband.

The parties were married on April 15, 1961 in Haiti. At the time of the marriage the husband was 39 years of age and his wife 21 years of age. The husband, an American citizen, resided in Philadelphia, where his business was located. The wife was a native of Haiti. Following a religious ceremony, they spent approximately one month on their honeymoon and then returned to an apartment in Philadelphia, known as the Park Plaza, which the husband had rented. They resided there for approximately 12 days. Following a family dinner at the home of the husband's brother-in-law in Yeadon, she became upset because she felt his family would not accept her. She believed that his family regarded her as a colored person. After returning home from the family dinner she was quite upset and he telephoned to her father in Haiti in an attempt to have him calm her. She appeared to be homesick and threatened to kill herself if he left her to go to work. He remained almost constantly with her and then flew with her to Haiti, having purchased two round trip tickets with the hope that she would come back with him. Because of immigration problems she was not allowed to leave Haiti with him but he did provide the necessary documents for her return to the United States.

After he returned to Philadelphia from Haiti he did not hear from her until her aunt called him from New York and informed him that his wife was with her. He received this call on Thursday and on the following Sunday he went to New York. He was received quite coolly by his wife and the aunt opened the conversation by demanding money for a divorce. For about an hour he endeavored to save the marriage but then, after this seemed hopeless, discussed a property settlement with the aunt. He gave his wife $50.00 and agreed to pay

[ 200 Pa. Super. Page 593]

    her $20.00 a week for her support. The wife refused to come back to Philadelphia to live with him although he retained the apartment for some time with the hope that she might change her mind. He was informed by the aunt that on the next day they were going to move from the hotel to an apartment and that they would notify him of their new address. He did not ...


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