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RHINE v. RHINE (04/13/60)

April 13, 1960

RHINE
v.
RHINE, APPELLANT.



Appeal, No. 338, Oct. T., 1959, from decree of Court of Common Pleas No. 3 of Philadelphia County, June T., 1957, No. 1726, in case of Luther Raymond Rhine, also known as Luther R. Rhine v. Hattie Rhine. Decree affirmed.

COUNSEL

Wm. Vincent Mullin, for appellant.

Colbert C. McClain, for appellee.

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

Author: Watkins

[ 192 Pa. Super. Page 147]

OPINION BY WATKINS, J.

This is an appeal from the decree of the Court of Common Pleas of Philadelphia County granting a divorce in favor of Luther R. Rhine, the appellee-husband and against Hattie Rhine, the appellant-wife, on the ground of desertion.

The parties were married in Baltimore, Maryland on July 22, 1918. He is 62 and she is 65 years of age. There are two children of the marriage, a daughter, Anna Mae Rhoades, 38 years of age, and a son, Raymond Luther Rhine, 31, both married, with homes and families of their own. Both parties agree that the marriage was harmonious until the date of the alleged desertion which is stipulated by the parties to be September 19, 1941. At the time of the alleged desertion they lived at 3321 Ramona Avenue, Baltimore, Maryland, in a home which they were purchasing. At that time, the son lived with them and was then thirteen years of age. The husband is presently living at the Y.M.C.A., 1421 Arch Street, Philadelphia and is employed as a Sales Manager for W. T. Cowan Motor Freight, 1701 North Delaware Avenue, Philadelphia, Pa. The wife is not employed and continues to live at 3321 Ramona Avenue, Baltimore, Maryland.

[ 192 Pa. Super. Page 148]

The record story, according to the husband and his witnesses, is to the effect that, at the time of the disagreement, the husband was employed by the American Railway Express in Baltimore, Md. In June of 1941, he was offered a position with the same company in Coatesville, Pa., in a capacity which would represent a substantial promotion and which held out prospects of future advancement, not attainable in Baltimore. He told his wife of the offer and its inducements and that it would require his removal from Baltimore to Coatesville, Pa. From the outset the wife declined to consider moving and stated that she would not leave her home in Baltimore under any conditions.

He accepted the position at Coatesville in June, 1941. He stayed at the local Y.M.C.A. for a short time and then rented a room at 228 Fleetwood Avenue, adjacent to his work. He returned to Baltimore on the weekends to visit his family and on these visits he endeavored to persuade his wife to join him in Coatesville. She would visit him there, but remained steadfast in her refusal to leave Baltimore. In September of 1941 he engaged a room at 330 Fleetwood Avenue, Coatesville, and discussed with the landlady at that address, a plan to convert the upper floor of the premises into an apartment to accommodate himself, his wife and son. He showed these premises to his wife when she was in Coatesville on a visit an outlined his plan to set up an apartment, which, his testimony indicates, would have been ample and suitable for the family. She again told him she would not leave Baltimore and that she had no intention of moving to Coatesville.

On the following weekend the husband returned to Baltimore and again tried to persuade his wife to come with him. In his words, "I was determined to know what she intended to do. I had to have some reason for her not going to Coatesville. She said, ...


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