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DIEHL v. DIEHL (03/18/59)

March 18, 1959

DIEHL
v.
DIEHL, APPELLANT.



Appeal, No. 9, Oct. T., 1959, from decree of Court of Common Pleas of Northampton County, June T., 1955, No. 4, in case of Walter M. Diehl v. Mary A. Diehl. Decree affirmed.

COUNSEL

Alfred M. Nittle, for appellant.

William C. Fulmer, for appellee.

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

Author: Ervin

[ 188 Pa. Super. Page 492]

OPINION BY ERVIN, J.

This is an appeal from the decree of the court below granting Walter M. Diehl, the husband-appellee, a divorce a.v.m. from Mary A. Diehl, the wife-appellant, on the ground of indignities to the person. The case was originally heard before a master, who recommended a divorce.

The parties were married on August 7, 1953 in Aberdeen, Maryland. Immediately after their marriage they resided in Allentown, Pennsylvania, until July 1, 1954, when they moved to Bethlehem, Northampton County, Pennsylvania, where they resided until March 9, 1955,

[ 188 Pa. Super. Page 493]

    when the husband left the matrimonial domicile. The plaintiff was 54 years of age at the time of the hearings and was employed as a clerk at the Bethlehem Steel Company. The wife was 50 years of age at the time of the hearings and had been employed as a secretary in Bethlehem prior to the marriage. Both parties had been married before. There were no children born to the present marriage. The marital difficulties began shortly after the marriage and continued throughout its entirety. The parties remained together one year, seven months and two days.

The master's report, although advisory only, is to be given the fullest consideration as regards the credibility of witnesses, whom he has seen and heard, and in this respect his report should not be lightly disregarded: Boyer v. Boyer, 183 Pa. Superior Ct. 260, 263, 130 A.2d 265.

We have carefully examined the testimony in this case, as is our duty, and have independently concluded that the decree of divorce by the court below should be affirmed.

The husband, by his evidence, corroborated in important details by the testimony of Arlene Kistler, a disinterested witness, and Minnie C. Diehl, mother of the husband, has established a course of conduct by the wife which rendered his life burdensome and his condition intolerable. An inference of settled hate and estrangement on the part of the wife can be drawn from ...


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