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CARLE v. CARLE (06/15/60)

June 15, 1960

CARLE
v.
CARLE, APPELLANT.



Appeals, Nos. 13 and 43, Feb. T., 1960, from decree and order of Court of Common Pleas of Luzerne County, Oct. T., 1957, No. 662, in case of Nelson F. Carle v. Rita R. Carle. Decree and order affirmed.

COUNSEL

James Lenahan Brown, with him Robert J. Hourigan, and Flood, Brown, Hourigan & Farrell, for appellant.

James P. Harris, Jr., for appellee.

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

Author: Woodside

[ 192 Pa. Super. Page 492]

OPINION BY WOODSIDE, J.

This appeal is from the order of the Court of Common Pleas of Luzerne County which granted a divorce a.v.m. to the plaintiff-husband, Nelson F. Carle, against the defendant-wife, Rita R. Carle, on the ground of indignities.

The wife-appellant raises eight questions. The second question relates to cruel and barbarous treatment. Since we are disposing of the case on the issue of indignities, as did the master and the court below, we shall confine our consideration to the remaining seven questions.

The defendant's initial contention is that the lower court erred in failing to sustain her preliminary objections

[ 192 Pa. Super. Page 493]

    to the bill of particulars. She contended that paragraphs 1, 2 and 10 of the bill of particulars contained multiple allegations of fact and that various paragraphs were vague, indefinite and speculative. No proof was produced of paragraph #1, and it was, therefore, not considered by the master or the court below. Regardless of this, a reading of all three paragraphs reveals no possible harm or prejudice to the defendant from these paragraphs. See Lynch v. Wolfinger, 163 Pa. Superior Ct. 405, 62 A.2d 95 (1948).

The defendant's contentions in regard to the vagueness and indefiniteness of the bill of particulars pertain to the identity of parties before whom the alleged indignities took place, the time and place of their occurrence and the failure to particularize such terms as "vile and obscene names" and "scorn and contempt." It must be remembered that in cases of divorce on the grounds of indignities, the acts upon which an action is based usually occur over a long period of time - in this case, fifteen years. It would be virtually impossible to detail and date precisely each act of the defendant which would tend to show a settled hate and estrangement. We have reviewed the bill of particulars carefully. It contains approximate dates for most of the alleged incidents. A number of specific acts are set forth in detail with approximate dates and witnesses. The bill of particulars was sufficiently specific to inform the defendant of the nature of the cause of action against her and of the acts alleged to have been committed by her. We are convinced that she suffered no harm or prejudice from any technical defects therein.

The defendant's third through seventh questions pertain basically to whether the plaintiff has established legal grounds for divorce including his own ...


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