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HORNE v. HORNE (03/24/60)

March 24, 1960

HORNE
v.
HORNE, APPELLANT.



Appeal, No. 416, Oct. T., 1959, from order of Court of Common Pleas No. 3 of Philadelphia County, June T., 1957, No. 10663, in case of Henry Horne, Jr. v. Georgie Mae Horne. Order affirmed.

COUNSEL

G. Wesley Allen, for appellant.

Frank J. Fortunato, Anthony L. V. Picciotti, and Fortunato & McAllister, for appellee.

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

Author: Ervin

[ 191 Pa. Super. Page 628]

OPINION BY ERVIN, J.

In this divorce action, brought by the husband on the ground of indignities to his person, the master who heard the case recommended a divorce. The court

[ 191 Pa. Super. Page 629]

    below, after dismissing the wife's exceptions, entered a final decree in divorce and the wife has appealed.

The parties were married on September 26, 1942, at Millbourne, Delaware County, Pennsylvania. They had lived together before that time at 54 West 129th Street, New York City, and they continued to reside at that address until October 24, 1953. The plaintiff is fifty-eight years of age and the defendant some six years his junior. There were no children of the marriage.

The plaintiff is employed as a box maker and carpenter by the Pepsi-Cola Metropolitan Bottling Company of New York. On October 24, 1953 he left the 129th Street home and took up residence with his sister at 153 West 123rd Street, New York, where he remained for a little over a year, taking his meals at a rooming and boarding house operated by a Miss Lillian Freeman at 112 West 131st Street. In November or December of 1954 he moved from 123rd Street and rented a room in Miss Freeman's establishment. He occupied the room on 131st Street and took his meals there when in New York up to the time of the hearings. In October of 1955 he moved to Philadelphia, having purchased a home at 603 North 52nd Street in that city. His testimony is that he at that time established his home in Philadelphia, that he intended to make Philadelphia his permanent home, and that since October of 1955 he has spent his weekends here, leaving for New York on Sunday evenings and remaining there at his employment until his return to Philadelphia on Friday evenings. The complaint was filed on September 11, 1957.

We agree with Judge ULLMAN of the court below that "The circumstances of the purchase of the 52nd Street home and the manner in which title was taken are unusual, but they do not negative the plaintiff's ...


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