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SFAKIANAKIS v. SFAKIANAKIS (12/28/56)

December 28, 1956

SFAKIANAKIS
v.
SFAKIANAKIS, APPELLANT.



Appeal, No. 107, Oct. T., 1956, from decree of Court of Common Pleas of Chester County, July T., 1954, No. 29, in case of Theodore P. Sfakianakis v. Eleftheria Sfakianakis. Decree affirmed.

COUNSEL

John M. Kurtz, Jr., with him Griffith, Kurtz & Harvey, for appellant.

Joseph G. McKeone, for appellee.

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

Author: Carr

[ 183 Pa. Super. Page 89]

OPINION BY CARR, J.

A complaint in divorce was filed by the husband on July 16, 1954 in which he charged that his wife had deserted him on July 3, 1952. The master recommended that the divorce be granted and the wife filed exceptions to the master's report. She appeals from the order of the court below dismissing the exceptions and entering a final decree.

Following the death of his first wife in 1951, the appellee, about sixty-six years of age, wrote to his nephew in Greece asking his nephew to find him a suitable wife. The nephew complied and a brief correspondence between the appellant and appellee resulted in her coming to Nassau, the Bahamas, on February 12, 1952 for the purpose of marrying him. He met her in Nassau and, having waited the prescribed number of days, they were married on February 25, 1952. On the same day he left Nassau to return to his home and his job as a painter-foreman in Chester County, Pennsylvania, leaving his wife in Nassau because of the immigration problems. She came to his home near Pottstown in Chester County on April 28, 1952. There is some doubt about her exact age although she stated that she was born September 24, 1911 on the Island of Crete.

It appears from the testimony that this marriage was doomed to fail from the very beginning. He complained of her slovenly housekeeping and of her unwillingness to learn the proper use of American plumbing and housekeeping appliances. She clogged the drain with coffee grounds and washed the clothes in the kitchen sink. Her cooking didn't please him and she failed to have his lunch ready when he came home at noon. Numerous petty annoyances of this nature caused frequent quarrels and on at least one occasion in the heat of an argument he told her he would buy her ticket and

[ 183 Pa. Super. Page 90]

    give her $200.00 if she wanted to go back to Greece. One of his witnesses testified that the appellant was dissatisfied because she had expected to have servants and to entertain but instead was expected to be a housekeeper. A neighbor stated that some time in June the appellant said she wasn't going to take down the draperies and clean them because she wasn't going to stay.

Appellant's departure shortly before noon on Sunday, June 29, 1952 followed a quarrel precipitated by the fact that the drain in the kitchen was clogged with coffee grounds and appellee found it necessary to call a plumber. She left the house screaming and crying. A member of the local police force was called and he found her in the yard crying and very excited. The officer took her to the home of a Greek family nearby and the following day returned with her to the house where she picked up her clothing while the appellee was at work.

According to appellant's testimony, she was crying and upset when she left the home on June 29, 1952 because her husband told her to get ...


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