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GANUNIS v. GANUNIS. (06/12/63)

June 12, 1963

GANUNIS, APPELLANT,
v.
GANUNIS.



Appeal, No. 63, Oct. T., 1963, from decree of Court of Common Pleas of Schuylkill County, July T., 1960, No. 585, in case of Faith A. Ganunis v. Albert A. Ganunis. Decree reversed; reargument refused July 15, 1963.

COUNSEL

William D. Balitas, for appellant.

Leon H. Kline, with him Isadore E. Krasno, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Montgomery, and Flood, JJ. (watkins, J., absent).

Author: Wright

[ 201 Pa. Super. Page 223]

OPINION BY WRIGHT, J.

On June 27, 1960, Faith A. Ganunis filed a complaint in divorce a.v.m. against her husband, Albert A. Ganunis, on the ground of desertion. Following the determination of rules for a bill of particulars, and for alimony pendente lite and counsel fees, a master was appointed on January 14, 1961. After taking testimony at three hearings, the master filed a report on December 11, 1961, in which he recommended that a divorce be granted. On December 10, 1962, the court below sustained exceptions filed by the husband and dismissed the complaint. This appeal by the wife followed.

The parties were married on October 23, 1957, in New Philadelphia, Schuylkill County. The wife is presently thirty years of age and the husband is a year or so older. Prior to the marriage the wife had resided with her parents in Auburn, Schuylkill County, and the husband had resided with his aunt in New Philadelphia. After their marriage the parties lived together in an apartment in Bridgeport, Montgomery County,

[ 201 Pa. Super. Page 224]

    where the husband was employed by the Reading Railroad Company. On January 8, 1958, the husband was furloughed, and the parties moved back to Schuylkill County, where they lived for a short time with the wife's parents. On February 8, 1958, following an argument at a wedding reception, a separation occurred, and the parties have not cohabited since. The wife was then pregnant. The child was born October 9, 1958, a little girl, and is presently in the wife's custody. At the time of the separation, the husband told the wife to take the furniture and he would take the automobile. "That will make it about even". When the husband went to the home of the wife's parents to get the car, his wife told him that she had put his clothing in the automobile. It is not the wife's contention that there was a desertion by the husband at that time. Her case is based upon an incident occurring on June 20, 1958, which will be hereinafter detailed.

On February 23, 1958, the parties had a conversation about living together again, and the wife said she would be willing to do so if the husband provided a home for her. It was agreed that they should visit the wife's minister, Reverend C. A. Steigerwalt, for marriage counseling. On this visit, the wife repeated that she was willing to live with her husband provided he would make a home for her. Reverend Steigerwalt testified that the husband "was only concerned about himself. He said Faith's people could take care of her, and he'd take care of himself". The husband himself testified as follows: "Q. Did you ever pay your wife support for herself or the baby?... A. I did not. They have enough money themselves. They ought to support me."

On March 11, 1958, the wife filed a complaint in divorce a.v.m. on the ground of indignities. The master in that case resolved the issue of credibility in favor of the wife, and recommended that a divorce be granted. ...


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