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OLBUM v. OLBUM (12/28/56)

December 28, 1956

OLBUM
v.
OLBUM, APPELLANT.



Appeal, No. 154, April T., 1956, from decree of Court of Common Pleas of Allegheny County, Oct. T., 1956, No. 1316, in case of Ira Olbum v. Dorothy K. Olbum. Decree affirmed.

COUNSEL

John A. Metz, Jr., for appellant.

Marjorie Hanson Matson, with her David Olbum, and William J. Graham, for appellee.

Before Hirt, Gunther, Wright, Woodside, and Carr, JJ. (rhodes, P.j., and Ervin, J., absent).

Author: Gunther

[ 183 Pa. Super. Page 6]

OPINION BY GUNTHER, J.

Dorothy K. Olbum, the defendant, has appealed from the decree of the Court of Common Pleas of Allegheny County granting a divorce on the ground of indignities to her husband, Ira Olbum, the plaintiff.

The complaint was filed on August 2, 1951 and an answer denying the charge was filed September 14, 1951. After a lengthy hearing, the master recommended that a divorce be granted on the charge of indignities, and the court below sustained his recommendation. Exceptions were filed and the court below dismissed defendant's exceptions and granted the divorce on the ground of indignities. This appeal by the defendant followed.

It is our duty to examine the evidence de novo for the purpose of determining whether the charge alleged in the complaint has been sustained. Hurley v. Hurley,

[ 183 Pa. Super. Page 7180]

Pa. Superior Ct. 364, 119 A.2d 634; Boyles v. Boyles, 179 Pa. Superior Ct. 184, 116 A.2d 248.

The parties were married in Steubenville, Ohio in February, 1935 and remarried in Pittsburgh in June of the same year. They have one child, a boy, adopted in March, 1947. They have lived in Pittsburgh until November, 1942, when the husband entered military service. The defendant wife also entered military service in February, 1943. The husband was honorably discharged in November, 1945, and the wife likewise was separated in February, 1946, when they returned and resumed living together in Pittsburgh. The husband finally left the matrimonial domicile on June 27, 1951.

At the time of marriage, the wife was employed as a section manager at Gimbels department store and the husband was a clerk in his father's furniture store. Later on, the wife was personnel director, supervising the relations of some 2,000 employees. During this interval, the wife earned more money than the husband and many of the quarrels during the early years of their marriage centered around inadequate income of the husband and the fact that the husband had virtually no interest in the furniture business. After their respective separations from service and resumption of marital life, the disagreements and quarrels continued with increasing severity and, while ...


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