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D'ALESSANDRO v. D'ALESSANDRO (09/11/58)

September 11, 1958

D'ALESSANDRO
v.
D'ALESSANDRO, APPELLANT.



Appeal, No. 262, Oct. T., 1958, from decree of Court of Common Pleas No. 1 of Philadelphia County, March T., 1957, No. 7212, in case of Anthony D'Alessandro v. Esther L. D'Alessandro. Decree affirmed.

COUNSEL

Charles F. Mayer, for appellant.

Michael Marchesano, for appellee.

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

Author: Watkins

[ 187 Pa. Super. Page 196]

OPINION BY WATKINS, J.

This is an appeal from a decree of the Court of Common Pleas No. 1, of Philadelphia County, granting a divorce to Anthony D'Alessandro, the appellee husband, from Esther L. D'Alessandro, the appellant wife, on the ground of indignities.

The parties were married in Philadelphia, Pennsylvania on June 6, 1946. During their marriage they lived at several addresses in Philadelphia until November, 1955 when they moved to 1951 Carter Road, Folcroft, Delaware County, Pennsylvania. Although there were several prior separations, it was from this address that the final separation, resulting in this action, took place on October 11, 1956.

The wife was born in Italy on June 13, 1922, coming to the United States as a child. The husband was born on June 3, 1924 in Philadelphia. He is employed as a delicatessen clerk for Food Fair. There is one son, Michael, born of this marriage on July 24, 1948. The child resides with the wife. An order of support for the wife and child in the amount of $38 per week was entered in Delaware County, while the parties were still living together, on June 29, 1956.

This action was instituted on April 30, 1957. There were four hearings by the master, after which, a report was filed recommending a decree in divorce. The ten-day period for filing exceptions passed. The court below discharged a rule for permission to file exceptions nunc pro tunc and a rule for a final decree in divorce a.v.m. was made absolute.

It is clear from a careful study of this record that a case of indignities is made out from the testimony of the husband and his witnesses. This testimony is denied by the wife and her testimony would tend to prove that he was not an injured and innocent spouse.

[ 187 Pa. Super. Page 197]

"However, a divorce may be granted upon the uncorroborated testimony of the plaintiff ... unless that testimony is not only contradicted but shaken by the defendant." Miln v. Miln, 175 Pa. Superior Ct. 613, 617, 106 A.2d 862 (1954); ...


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