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DANNA v. DANNA (09/11/58)

September 11, 1958

DANNA
v.
DANNA, APPELLANT.



Appeal, No. 71, April T., 1958, from decree of Court of Common Pleas of Beaver County, Dec. T., 1955, No. 217, in case of Joseph M. Danna v. Pauline Irene Danna. Decree affirmed.

COUNSEL

John D. Ray, with him Franklin Blackstone, Jr., for appellant.

James B. Ceris, for appellee.

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

Author: Ervin

[ 187 Pa. Super. Page 130]

OPINION BY ERVIN, J.

This is an action for a divorce a.v.m. brought by a husband against his wife on the ground of desertion in which the master recommended that the divorce be granted. Exceptions to his report were dismissed and

[ 187 Pa. Super. Page 131]

    a decree in divorce was entered by the court below from which the wife took this appeal.

The parties were married on September 26, 1940 and resided together until December 5, 1950, when the wife left the common abode, taking with her the two children born of the marriage. The complaint in divorce was filed on November 29, 1955. The testimony is undisputed that on December 5, 1950 the plaintiff-husband left for a hunting trip and that he returned on Wednesday, December 8, at night, found the house dark and on entering the home found that all the furniture had been removed except one bed, a chair and some rugs. The next afternoon he found that his wife was occupying two rooms in a house located to the rear, to which the wife had moved a portion of the furniture and the rest of the furniture she placed in storage. The wife had not told the husband of her intention to leave nor had there been any trouble between the parties for several weeks prior thereto. Sometime later the defendant-wife and her children moved back into the home under previous arrangements made whereby the husband, on the same date, withdrew from said home to make way for his wife and children. The home was owned by both parties as tenants by the entireties and was fully paid for. When the wife moved back into the home she moved the stored furniture back into the house. The defendant and her children continued to reside in the home and the husband continued to reside with his mother, where he went to live when he removed from said home. The husband on two occasions after he located his wife following his return from the hunting trip, requested her to return to live with him but she refused to do so. The parties have remained separated from each other since that time.

There having been admittedly a separation for the required statutory period, the burden was on the wife

[ 187 Pa. Super. Page 132]

    to prove consent or a reasonable cause for her withdrawing from the matrimonial domicile: Dougherty v. Dougherty, ...


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