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ROSENBLATT v. ROSENBLATT (06/11/58)

June 11, 1958

ROSENBLATT
v.
ROSENBLATT, APPELLANT.



Appeal, No. 152, Oct. T., 1958, from judgment of Court of Common Pleas No. 3 of Philadelphia County, March T., 1950, No. 1667, in case of Samuel Rosenblatt v. Ruth Marion Rosenblatt. Decree affirmed.

COUNSEL

Anthony W. Novasitis, Jr., for appellant.

Joseph Ominsky, for appellee.

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

Author: Watkins

[ 186 Pa. Super. Page 504]

OPINION BY WATKINS, J.

This is an appeal from a decree of the Court of Common Pleas No. 3 of Philadelphia County, granting Samuel Rosenblatt, the appellee husband a divorce from Ruth Marion Rosenblatt, the appellant wife on the ground of indignities.

The parties were married in Wilmington, Delaware on May 4, 1942. The husband was born on November 21, 1910 and the wife on July 26, 1913. There are no children of the marriage although there was a stillborn child on October 23, 1944.

At the time of the marriage, and for approximately two years before, the appellee was a boarder at the home of appellant's father at 751 South Second Street, Philadelphia. After the marriage they took up residence at that address, with his wife's father and sister, and it remained their residence until their final separation on Sunday, March 16, 1947.

[ 186 Pa. Super. Page 505]

He was without a specific trade at the time of his marriage and was variously employed after his discharge from the service. He gave his occupation at the time of the hearing as that of a cloth cutter and that he was temporarily unemployed. The wife was a housewife by occupation but assisted her father in the wholesale egg business that was conducted at their home.

Within one week of their marriage, the appellee husband was inducted into the United States army. He served here and overseas, suffered combat fatigue which caused a nervous disorder that required that he be returned from overseas for hospitalization. He was hospitalized at Valley Forge hospital and finally discharged from the United States army, on a disability pension, on January 19, 1944.

This action was started in 1950 and has been delayed for a variety of reasons but was finally referred to a master in August of 1953. The case was bitterly contested and there is voluminous testimony taken at ten master's hearings over a two-year period, requiring over 1000 pages of testimony. The delay was largely ...


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