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BAXTER v. BAXTER. (03/24/60)

March 24, 1960

BAXTER, APPELLANT,
v.
BAXTER.



Appeal, No. 454, Oct. T., 1959, from decree of Court of Common Pleas of Delaware County, June T., 1958, No. 1247, in case of James F. Baxter, Jr. v. Helene M. (Racine) Baxter. Decree affirmed; reargument refused April 20, 1960.

COUNSEL

Robert F. Jackson, for appellant.

Francis R. Lord, for appellee.

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

Author: Wright

[ 192 Pa. Super. Page 63]

OPINION BY WRIGHT, J.

On July 18, 1958, James F. Baxter, Jr. filed a complaint in divorce against his wife, Helen M. Racine Baxter, on the grounds of cruel and barbarous treatment and indignities to the person. After the determination of rules for a bill of particulars, and for alimony pendente lite and counsel fees, the case was proceeded

[ 192 Pa. Super. Page 64]

    with before a master. On April 30, 1959, the master filed a report recommending that the complaint be dismissed, to which report the husband filed exceptions. On June 17, 1959, the court en banc dismissed the husband's exceptions, and entered a final decree refusing the divorce. The husband has appealed. The factual situation appears in the following excerpt from the opinion of President Judge SWENEY:

"Plaintiff was born in Media, Pennsylvania, on May 17, 1927; defendant was born in Philadelphia, Pennsylvania, on November 1, 1933; the parties were married at the Media Presbyterian Church on November 9, 1957, after a brief courtship; after a honeymoon in New York, they returned on November 16th, 1957, to the home of the plaintiff's family at 315 South Monroe Street, Media, Pa., where they lived in a third floor bedroom, with the right to use the parents' kitchen and living room, until about April 1, 1958, when, after a reconciliation, they moved to a third floor apartment at No. 42 East Second Street, Media, Pa. Here the parties lived until July of 1958, when plaintiff left defendant and went back to live with his parents. On July 17, 1958, defendant moved from the apartment and went to live at No. 243 Barrington Road, Upper Darby, Pennsylvania, where she had resided before her marriage. The defendant worked at the Media Branch of Provident Tradesmen's Bank during the months of February, March and April of 1958. There were no children born of this marriage...

"A thorough examination of the record shows that plaintiff complains, as indignities, that defendant refused to prepare breakfast, that defendant hid in the cellar, that defendant objected and used vile language when plaintiff corrected her table manners, that defendant kept plaintiff up late at night, that defendant got plaintiff out of bed late at night to go out, that defendant objected to Christmas and used vile language

[ 192 Pa. Super. Page 65]

    about it, that defendant did not follow the directions of the doctor in treating an acne condition, that defendant refused to limit herself to four cups of coffee a day, that defendant told plaintiff he was a 'mama's boy' and ought to go sleep with his mother, that defendant was a poor housekeeper, did not do the washing and ironing, the apartment was untidy, that defendant's hair was unkempt, her clothes were not suitable, she did not get her teeth fixed, she threw away her diamond ring, that defendant threw dishes, silver, pots and pans at him, threw a blanket out the window in a rage, made a scene at the Penn Fruit ...


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