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PORE v. PORE (06/10/59)

June 10, 1959

PORE
v.
PORE, APPELLANT.



Appeal, No. 25, April T., 1959, from decree of Court of Common Pleas of Fayette County, June T., 1956, No. 433, in case of Kenneth D. Pore v. Dolores H. Pore. Decree affirmed.

COUNSEL

Ira B. Coldren, Jr., with him Herman M. Buck, and Ray, Coldren & Buck, for appellant.

Samuel J. Feigus, for appellee.

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

Author: Ervin

[ 189 Pa. Super. Page 616]

OPINION BY ERVIN, J.

The court below adopted the master's recommendation and granted the husband a divorce on the ground of indignities. The wife appealed.

The parties were married on June 25, 1953 and had one child, Kenneth Dale Pore, born May 10, 1954. The plaintiff was a crane operator for the Pittsburgh Steel Co. employed at their plant in Monessen, Pennsylvania. After the marriage the parties set up housekeeping at 805 Crest Street, Charleroi, Washington County, Pennsylvania, where they lived for a year and six months. They then moved to an apartment owned by the parents of the defendant-wife at 704 Lookout Street, Charleroi, where they lived together until October 11, 1957, when the husband left the common abode. The husband earned from $5,000.00 to $7,500.00 a year, often working

[ 189 Pa. Super. Page 617]

    two shifts of eight hours each in a single day. Until near the time of final separation he always brought home his pay checks and turned them over to the wife. She at first kept the money at home and then subsequently the parties opened a joint bank account from which either could withdraw funds. The husband never drew any money from the account and all the financial matters were handled by the wife. At the time of the final break-up, the wife withdrew all of the funds from the bank, aggregating approximately $4,500.00, and she has retained all of this money. She also retained substantially all of the furniture which the parties had used in their common abode. She had her husband arrested and thrown into jail on a nonsupport and desertion charge at a time when she had possession of the $4,500.00.

The husband testified that the wife continuously used vile language toward him, calling him such names as a "son-of-a-bitch," "whoremaster" and "trash"; that the wife falsely accused him of running around and not coming home when, as a matter of fact, he was working; that she gave him only $.25 a day for his expenses, $.20 of which he had to pay for toll to cross and recross the bridge from their home to his place of work, thus embarrassing him with his fellow-workers in that he could not treat them to hot meals at work as they treated him; that she refused to be sociable with his friends and relatives when they called at their home and ordered them out of the house and made it clear that she did not want such "trash" to come to visit at their home; she made the husband do many household chores, such as washing and drying dishes, changing the baby's diapers and cleaning the house, and insisted upon being waited upon hand and foot by her husband even though he was often working 16 hours a day; she falsely accused her husband both publicly and privately of unnatural conduct

[ 189 Pa. Super. Page 618]

    toward her and their infant child - publicly at a nonsupport hearing and privately to friends and relatives; she continuously nagged him and made life most miserable and unhappy for him. On several occasions the husband left the common abode for awhile and then returned and ...


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