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DARCY v. DARCY (01/16/62)

January 16, 1962

DARCY
v.
DARCY, APPELLANT.



Appeal, No. 313, April T., 1961, from decree of Court of Common Pleas of Somerset County, No. 1277 C.D., 1959, in case of Thomas F. Darcy, Jr. v. Mary S. Darcy. Decree affirmed.

COUNSEL

Joseph N. Cascio, with him Paul E. C. Fike, and Fike and Cascio, for appellant.

Charles H. Coffroth, for appellee.

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

Author: Woodside

[ 197 Pa. Super. Page 101]

OPINION BY WOODSIDE, J.

This appeal is from a decree of the Court of Common Pleas of Somerset County which granted a divorce to Thomas F. Darcy, Jr., on the grounds of indignities to the person and cruel and barbarous treatment.

The parties to this action, who are both now over sixty years of age, were married on August 18, 1955. They first met in 1952, when the defendant rented the plaintiff a second floor apartment located over the one in which she lived. He became a frequent visitor at the first floor apartment, and for over two months before their marriage, the parties lived together there.

The plaintiff had two previous marriages each ending in divorce. This was the defendant's fourth marriage. The first two ended in divorce, and the third terminated with the death of her husband, Harry Gray.

The plaintiff's final separation from the defendant took place on September 11, 1959. This action was instituted September 23, 1959. Previous to bringing this action, the plaintiff had left the defendant twice. On each occasion, he returned to cohabit with her after she

[ 197 Pa. Super. Page 102]

    promised that her conduct towards him would improve. During the time of the second separation, which was from July 20 to Thanksgiving Day of 1957, the plaintiff instituted divorce proceedings which were subsequently withdrawn, and the plaintiff returned to his wife and lived with her until the date of the final separation.

An indignity to the person is an affront to the personality of another, a lack of reverence for the personality of one's spouse. The offense is complete when a continued and persistent course of conduct demonstrates that the love and affection upon which the matrimonial status rests has been permanently replaced by hatred and estrangement. Boyer v. Boyer, 184 Pa. Superior ...


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