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NEDWIDEK v. NEDWIDEK (01/20/53)

January 20, 1953

NEDWIDEK
v.
NEDWIDEK



COUNSEL

Wm. J. Graham and I. E. Binstock, Pittsburgh, for appellant.

J. A. Brennan, Pittsburgh, for appellee.

Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross and Gunther, JJ.

Author: Rhodes

[ 172 Pa. Super. Page 252]

RHODES, President Judge.

This is an appeal by the husband (defendant) from a decree of the Court of Common Pleas of Allegheny County granting to his wife (plaintiff) a divorce a

[ 172 Pa. Super. Page 253]

    mensa et thoro on the ground of indignities to the person.

The parties were married on May 1, 1922. They have six children, three sons and three daughters. The three daughters live with plaintiff in Mt. Oliver and two of the sons reside with the defendant. The third son is in business in Pittsburgh where he lives.

The case was heard by Judge Adams, and his determination is entitled to the fullest consideration as he heard and saw the parties and their witnesses who appeared before him.

We are of the opinion from our independent examination of the record that the charge of indignities to the person of the plaintiff was established if she and her witnesses are believed. Defendant's testimony was more or less a blanket denial of all of plaintiff's charges. Two sons testified for him, and their testimony was likewise largely of a negative nature. Defendant testified as to his love and affection for his wife and children, and that he was an indulgent father and a most considerate husband. We are not inclined to accept this appraisal of his own virtues. We are convinced that he had a violent temper and a vicious disposition as shown by the testimony of the son who lives with neither of the parties, and who was a reluctant witness. Defendant's attitude toward his daughters is revealing as to his characteristics. He himself testified, 'Well, they had to leave. I didn't want them home.' Two of them, then sixteen and eighteen years of age, obtained employment in Pittsburgh, and paid their earnings to their father. He complains that they still owe him $273 rent for the apartment which they occupied. On one occasion he had the daughters arrested over financial matters.

The parties lived together in Allegheny County from the time of their marriage ...


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