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BERKY v. BERKY (01/16/62)

January 16, 1962

BERKY, APPELLANT,
v.
BERKY, APPELLANT.



Appeals, Nos. 107, 108, 307, and 308, April T., 1961, from orders of Court of Common Pleas of Fayette County, Dec. T., 1959, Nos. 207 and 214, in cases of Rochelle Mathe Berky v. Max Berky, and Max Berky v. Rochelle A. Berky. Orders and decree affirmed.

COUNSEL

Alexander Cooper and Melvin Schwartz, with them Ben F. Wright, and Cooper, Goodman & Schwartz, for husband.

Harold Gondelman, with him Albert A. Fiok, for wife.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Flood

[ 197 Pa. Super. Page 236]

OPINION BY FLOOD, J.

We have before us Mrs. Berky's appeals from orders of the court below granting a decree in divorce to her husband, dismissing her suit in divorce a mensa et thoro, and dismissing her exceptions to the refusal of the court below to issue a rule to show cause why the proceedings in each of the cases should not be returned to the master for the purpose of taking additional testimony. Her husband has appealed from an order granting her additional counsel fee in the sum of $750 and $750 for costs of appeal.

The complaints of both parties are based upon indignities to the person. The matter was largely one of credibility. The master believed the testimony of the husband and disbelieved the wife insofar as she contradicted him. The court approved the master's report, basing its opinion as to credibility not only upon the master's recommendation, but to some extent upon the impression made upon the court when the parties were before it on the wife's petition for alimony pendente lite.

1. Mr. Berky testified that his wife began to accuse him of infidelity with one of his employes early in their married life, that accusations of infidelity continued throughout the marriage, and that these accusations involved two employes and another girl whom he specifically named and fifteen or twenty persons altogether.

According to Mr. Berky, when his wife saw him in conversation with another woman, she customarily accused him of flirting and whenever friends asked him

[ 197 Pa. Super. Page 237]

    to bring his wife to their home, she immediately accused him of going to bed with the man's wife.

On one occasion Mrs. Berky produced a news photograph taken of a meeting at the Twin Coaches. She showed this photograph to her mother, sating that it showed Mr. Berky and one of his female employes together. Mr. Berky denied that he was present at the ...


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