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DEMCZAK v. DEMCZAK. (07/21/55)

July 21, 1955

DEMCZAK, APPELLANT,
v.
DEMCZAK.



Appeal, No. 77, April T., 1955, from decree of Court of the Court of Common Pleas of Allegheny Co., July T., No. 682, in case of Alexander Demczak v. Margaret Mary Demczak. Decree affirmed.

COUNSEL

Francis Taptich, for appellant.

Henry Mustin, with him Franklyn E. Conflenti, for appellee.

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

Author: Woodside

[ 179 Pa. Super. Page 76]

OPINION BY WOODSIDE, J.

This is an appeal from the decree of the Court of Common Pleas of Allegheny County granting a divorce to a husband on the ground of desertion.

There are no complicated legal or factual questions involved.

The master filed a report in which he carefully analyzed and reviewed the testimony, and Judge ALPERN filed a comprehensive opinion in which she thoroughly disposed of all the questions raised. We have made an independent examination of the record, and agree with the master and the lower court that the divorce should be granted.

The plaintiff alleged in his complaint that the wife was guilty of desertion and indignities. The master concluded that the evidence did not support the charge of indignities, but recommended granting the divorce on the ground of desertion.

The parties were married February 18, 1950 in Glendale, and went to live at the home of the husband's parents in Carnegie. Their living arrangements were unsatisfactory as they had to share their bedroom with the plaintiff's two adult brothers, who, although usually not occupying the room at the same time as the married couple, on occasions did sleep there simultaneously with them.

During the first thirteen months of their marriage, the wife left her husband eight or ten times, finally telling him on March 17, 1951, that she would not return until he found a suitable place to live.

On April 15, 1951 the plaintiff found a two room apartment at 1806 Washington Street, Heidelberg, which was satisfactory to the defendant, and which he rented. Together, the parties painted their rooms, purchased new furniture and obtained ...


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