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WHITE v. WHITE (01/21/58)

January 21, 1958

WHITE
v.
WHITE, APPELLANT.



Appeal, No. 218, Oct. T., 1957, from decree of Court of Common Pleas of Schuylkill County, July T., 1953, No. 53, in case of Helen Bertha White v. George White. Decree affirmed; reargument refused February 11, 1958.

COUNSEL

Jacob A. Raub, Jr., with him Cletus C. Kilker, for appellant.

W. J. Krencewicz, for appellee.

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

Author: Woodside

[ 185 Pa. Super. Page 142]

OPINION BY WOODSIDE, J.

This is an appeal from the entry of a decree of divorce in favor of the husband.

[ 185 Pa. Super. Page 143]

The parties were married in 1924. They lived together for 29 years, during which time they had eight children. After they separated in 1953, the husband brought an action of divorce in Schuylkill County charging indignities. He later amended his complaint to include the charge of desertion. The master recommended granting a divorce on the ground of desertion, but he was of the opinion that the evidence did not support the charges of indignities. After each party filed exceptions to those findings of the master which favored the other party, the court below concluded that the evidence supported both of the charges contained in the husband's complaint, and entered a decree of divorce. The wife appealed.

The husband was employed as a truck driver. On February 26, 1953, when he returned from work to the common domicile near Fountain Springs, Schuylkill County, his wife was not there. She never returned, and thereafter the parties never cohabited. For over a year the plaintiff kept the house in the same condition as it was when his wife left it. He then disposed of some of the furniture, but continued to live in the house.

It is clear that when his wife left their home she never intended to return. She went directly to Pottsville as a housekeeper, where she told her employer that she did not want her husband to find out where she was. Later she went to Easton in Northampton County. At the hearing she said, "If I was older and had some sense, like I have today, I would have never married my husband." She had often told him that when the children were old enough, she would leave him, and that once she did she would never have anything to do with him again. She said that she would not live out her life with him. She said that if she could ever get $300 together, she would get a divorce.

[ 185 Pa. Super. Page 144]

At the divorce hearing she testified that within the period of two years from the time she left her husband, she dated two different men regularly. She also testified that she would never return to her husband again. The evidence related in this paragraph ...


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