Gerald G. Dolphin, Guy A. Solfanelli, Scranton, for appellant.
Carlon M. O'Malley, Scranton, for appellee.
Before Rhodes, P. J., and Ross, Gunther, Wright, Woodside, and Ervin, JJ.
[ 175 Pa. Super. Page 523]
The grounds for divorce alleged in plaintiff-husband's complaint, filed in the Court of Common Pleas of Lackawanna County, were indignities to the person and desertion. The divorce action was heard by Judge Robinson who refused a decree and dismissed the complaint.
The parties were married in 1924 and have three children. After their marriage they lived at various places in the City of Scranton until 1939. In 1939 the parties moved to Old Forge, Pennsylvania, where plaintiff operated a tavern. Their living quarters were on
[ 175 Pa. Super. Page 524]
the second floor of the place of business. About a year later defendant, with her children, left the home in Old Forge and went to live with her parents in Scranton. The parties have not resided together since that time. Plaintiff retained his residence and business establishment in Old Forge until 1946, when he purchased a hotel in Susquehanna, Pennsylvania, which he now operates and where he presently resides.
As usual in cases of this type, the testimony of the parties is most contradictory. Plaintiff attributes much of the marital differences to defendant's insistence that they reside in the immediate neighborhood of the residence of her parents.
In addition plaintiff offers by way of indignities his testimony that defendant neglected her household duties by reason of continually visiting her parents so that he had to get his own meals and wash his own clothes, that she constantly called him names, and that on one occasion she threw a plate at him
As to the alleged desertion, plaintiff presents a picture of discontentment on the part of his wife with living in Old Forge. On July 4, 1940, according to plaintiff, defendant took the children to her parents' home and lived there until the following Labor Day. On the latter day, she returned with the children to the residence in Old Forge. Upon her arrival she found a woman named Nancy Metro working at plaintiff's bar. Plaintiff also testified that defendant insisted Nancy Metro be discharged. According to the plaintiff, he, in defendant's presence, advised Nancy Metro that her employment would cease on the following Saturday. On such Saturday, however, plaintiff testified, defendant took her clothes and ...