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ROMANO v. ROMANO (06/11/57)

June 11, 1957

ROMANO, APPELLANT,
v.
ROMANO, APPELLANT.



Appeals, Nos. 180 and 189, April T., 1956, from decrees of Court of Common Pleas of Allegheny County, Jan. T., 1954, No. 982, and Oct. T., 1953, No. 2718, in cases of Unelia Romano v. Nick Romano, and Nicandro Romano v. Unelia Romano. Decrees affirmed.

COUNSEL

James H. Brennan, with him Brennan, Brennan, Damrau & Mohan, for appellant.

John Francis Flynn, for appellee.

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

Author: Watkins

[ 183 Pa. Super. Page 464]

OPINION BY WATKINS, J.

These appeals are from a decree of the Court of Common Pleas of Allegheny County, granting the appellants husband an absolute divorce on grounds of indignities and denying the appellant wife a divorce a mensa et thoro.

Both the appellant wife and husband brought actions in divorce and the lower court consolidated the cases for hearing before a master. The result was a decree granting the husband's divorce and dismissing the wife's complaint. Exceptions were filed to the master's report and dismissed, hence the appeals.

The parties were married in Italy on December 17, 1925. The appellant is 51 years of age, the husband 53. There are three children to this marriage.

In 1931 the husband's mother furnished the funds to bring the family to the United States and they located in Pittsburgh, living with the husband's mother. In 1932 there is evidence of trouble between the husband and wife and the wife withdrew from the mother-in-law's home, taking the daughter with her to Rhode Island where she made her home with a brother. Repeated requests were made by her husband to return but she refused. The husband then joined his wife in Rhode Island, where he sought employment but failing to find work was forced to return to Pittsburgh. The wife then returned to him in Pittsburgh. He had difficulty finding permanent work until 1937, then after working continuously for 10 months became seriously ill and could not work and the family was on relief.

In 1939 he worked occasionally as a laborer. His employment improved in 1943 and he purchased a home for $1300 which the appellant still occupies. It has been remodeled since that time. From 1943 to 1946 the husband gave his wife more than $8000 of his earnings. In 1943 he entered the building business which

[ 183 Pa. Super. Page 465]

    proved successful and he accumulated substantial properties from 1947 to 1952. In 1953 the husband suffered a heart spasm. The master inferred that this illness, in his opinion, was the result of the wife's cruel treatment, her constant threats on his life and the general condition of his life at home. Due to ...


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