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COMMONWEALTH EX REL. HRECHANY v. HRECHANY (06/12/63)

June 12, 1963

COMMONWEALTH EX REL. HRECHANY
v.
HRECHANY, APPELLANT.



Appeal, No. 31, Oct. T., 1963, from order of County Court of Philadelphia, April T., 1962, No. 1732, in case of Commonwealth ex rel. Jane E. Hrechany v. Mykola Hrechany. Order reduced and, as modified, affirmed.

COUNSEL

Kip D. Denega, Jr., for appellant.

A. L. V. Picciotti, with him John M. McAllister, for appellee.

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

Author: Ervin

[ 201 Pa. Super. Page 160]

OPINION BY ERVIN, J.

This is an appeal by the husband from an order of the court below directing him to pay the sum of $22.00 per week for the support of his wife.

The parties were married on March 16, 1959 and one child was born on August 11, 1959. Immediately after the marriage the parties lived with the wife's parents for about three months and then moved therefrom because her parents asked them to leave. The parties then moved in with the husband's mother,

[ 201 Pa. Super. Page 161]

    where they continued to live until the wife left on February 8, 1960 and went back to live with her parents.

As stated by the court below: "A petition for habeas corpus was filed on behalf of the wife shortly after the parties separated and was heard by Judge BELOFF on July 19, 1960. There was extensive medical testimony which established that the wife, Jane Hrechany, is suffering from schizophrenia and requires constant psychiatric observation and treatment. She has periods of relatively favorable adjustment when she can be gainfully employed. Because of her mental condition Judge BELOFF awarded custody of the child to the father."

Since the parties separated the wife has been hospitalized several times. On one occasion she spent one year and four months in Byberry, having been discharged from that institution on October 17, 1962, approximately a month prior to the hearing in the court below. She continues to see Dr. McLaughlin, a psychiatrist, twice a month, paying him $15.00 for each visit. She was able to work and earn money during part of the time that the parties were married and living together. When disabled because of her mental condition, she receives Social Security payments in the sum of $103.00 per month.

Three weeks after the baby was born the wife was hospitalized because of her mental condition and she remained in the hospital until the baby was five months old. The mother of the husband has taken care of the child because the mental condition of ...


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