Appeal, No. 50, April T., 1959, from order of Court of Common Pleas of Allegheny County, Jan. T., 1956, No. 1578, in case of Albert Trueg v. Gloria Margaret Trueg. Order reversed and record remanded.
Louis Vaira, with him Daniel B. Dixon, for appellant.
Carl Brandt, with him Brandt, Riester, Brandt & Malone, for appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.
[ 190 Pa. Super. Page 79]
This appeal is from the refusal of the court below to enter a decree in divorce on the ground of indignities. On November 14, 1955, Albert Trueg filed a complaint in divorce a.v.m. against his wife, Gloria Margaret Trueg, charging her with indignities to his person. Although the wife was properly served, no answer was filed to the complaint. However, a petition for alimony, pendente lite was filed and, in accordance with a stipulation signed by the parties and their
[ 190 Pa. Super. Page 80]
counsel, the court ordered payments to be made by the husband. The case was called for trial on June 19, 1958, at which time counsel for the wife appeared in court and stated that he was instructed by the wife to withdraw his appearance and not to contest the action. Thereupon the case proceeded as an uncontested action, and testimony was taken and concluded the same day. On October 28, 1958, the court below entered an order refusing the decree in divorce on the ground that the testimony was incomplete, "without prejudice to either party to re-list for trial."
The parties were married on April 15, 1926. Two girls were born of this marriage, both of whom were married and living away from the parents. The husband is 52 years of age and the wife is 52 years of age. The husband was employed by Mesta Machine Company as a machinist until 1940, at which time he purchased a business from his uncle, called the Pittsburgh Instrument and Machine Company. Thereafter, he continued in business for himself.
The husband testified that difficulties arose early in their married life. The wife continually abused him verbally by foul language and calling him vile names. The wife's conduct continued not only during the time they were alone but also in the presence of friends and mutual acquaintances. He testified that during the time he was employed at Mesta Machine Company, upon his return from work, she began her violent verbal barrages. His work was of such nature that he retired at eleven o'clock in the evening so as to properly perform his work the next day, which began at seven o'clock in the morning. She made it impossible for him to get his proper rest by continuing her verbal attacks upon him. He closed his bedroom door but she came in and continued calling him vile names and insisted that he had to listen to her. Sometimes this
[ 190 Pa. Super. Page 81]
would continue until four o'clock in the morning with periodic visits to his room every half-hour to forty-five minutes. Whenever the violent arguments ceased, she gave him the silent treatment and for days and weeks at a time she completely ignored him and wouldn't speak to him. When friends came in, she started arguments and called him vile names in their presence, and when their friends asked her to refrain from such treatment, she replied that he had ...