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PHILIP B. SHARPE v. ETHEL MARIE SHARPE (01/14/55)

January 14, 1955

PHILIP B. SHARPE
v.
ETHEL MARIE SHARPE, APPELLANT



Appeal, No. 6, March T., 1955, from decree of Court of Common Pleas of Adams County, August T., 1951, No. 68, in case of Phillip B. Sharpe v. Ethel Marie Sharpe. Decree affirmed.

COUNSEL

Edward B. Bulleit, with him Bulleit & Bulleit, Gittysburg, for appellant.

Harold S. Irwin, with him Irwin & Irwin, Carlisle, for appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.

Author: Rhodes

[ 177 Pa. Super. Page 77]

OPINION BY RHODES, P.J.

Ethel Marie Sharpe, the defendant, has appealed from the decree of the Court of Common Pleas of Adams County granting a divorce a vinculo matrimonii to her husband, Philip B. Sharpe, the plaintiff.

The complaint was filed by plaintiff on June 7, 1951, and alleged as grounds for divorce (1) indignities to the person, (2) cruel and barbarous treatment, and (3) desertion. After extended hearings the master concluded that the charge of cruel and barbarous treatment had not been sustained by the evidence, but he recommended that a divorce be granted on the charges of indignities to the person and desertion.

The court below refused to sustain exceptions filed by the defendant to the report of the master, and entered a decree of divorce on the three grounds set forth in the complaint. On appeal to this Court, defendant contends that the entry of a decree on any of the three grounds was error.

The parties were married on July 5, 1940, in the state of Maine, where they thereafter resided about a year. In 1941 they moved to Pennsylvania and established a home near Gettysburg, Adams County. Subsequently, they moved to Red Lion, York County. In December, 1942, plaintiff entered the armed forces and

[ 177 Pa. Super. Page 78]

    was sent overseas in December, 1944. Returning from overseas, plaintiff was mustered out of service on May 16, 1946. On July 2, 1947, the parties began to live together in Liberty Township, Adams County. Two children were born of the marriage. After the middle of December, 1947, the parties were apart. Plaintiff went to the hospital, and defendant removed during that period their belongings from their home.

Plaintiff is a writer and a ballistic expert. Defendant is a public school librarian. Their marital life was far from placid or pleasant. Litigation was frequent and of ...


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