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REDDICK v. REDDICK. (01/04/61)

January 4, 1961

REDDICK, APPELLANT,
v.
REDDICK.



Appeal, No. 237, April T., 1960, from decree of Court of Common Pleas of Allegheny County, April T., 1959, No. 4033, in case of Ann Reddick, also known as Ann R. Radack, v. Albert Reddick, also known as Albert Radack. Decree affirmed.

COUNSEL

Samuel Goldstock, with him Goldstock, Schwartz & Schwartz, for appellant.

Ralph H. German, with him Rose, Houston, Cooper and Schmidt, for appellee.

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

Author: Wright

[ 194 Pa. Super. Page 259]

OPINION BY WRIGHT, J.

On March 31, 1959, Ann Reddick, also known as Ann R. Radack, filed a complaint in divorce a mensa et thoro against her husband, Albert Reddick, also known as Albert Radack, on the ground of indignities to the person. After the determination of a petition for counsel fees and alimony pendente lite, and the filing of a bill of particulars, testimony was taken at three hearings before Honorable HOMER S. BROWN, one of the Judges of the Court of Common Pleas of Allegheny County. On July 13, 1960, the hearing judge entered a decree dismissing the complaint. This appeal followed. As set forth in the opinion below:

"The facts of the case are briefly, as follows: The parties were married on September 11, 1935 and at the time of the hearing the wife was 45 years of age, and the husband 47 years of age. No children were born of this marriage. Both parties are of the Roman Catholic faith.

"The wife testified that domestic difficulties began about a year after their marriage. During the years 1936 to 1941 the alleged indignities consisted of working for 5 years; living with defendant's family for 13 years; shoving the wife once on the street; throwing a glass of water in the wife's face; striking the wife plaintiff in the face after breakfast; accusing the wife of misplacing a letter; comparing the wife unfavorably to other women; calling the wife vile, indecent and insulting

[ 194 Pa. Super. Page 260]

    names; and placing an unloaded gun at the wife's head.

"Defendant was in the military service from 1942 to 1945. During this time, at a U.S.O. the defendant ignored plaintiff; that one Sunday defendant refused to attend church with plaintiff and when he returned, he struck her, called her vile names because she had given a soldier directions; that he made threats and she was forced to jump from the fast-moving car almost seriously injuring herself.

"From 1946 to the time of separation, defendant displayed a jealous disposition; insulted plaintiff while in company of others; tortured their dog; would not talk to plaintiff and when he did, he would shout loud and insulting remarks; he would beat her; and he showed unusual attention ...


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