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SHUMAN v. SHUMAN (03/21/62)

March 21, 1962

SHUMAN
v.
SHUMAN, APPELLANT.



Appeal, No. 406, Oct. T., 1961, from decree of Court of Common Pleas No. 1 of Philadelphia County, March T., 1958, No. 1955, in case of Divid Shuman v. myrtle Kuehn Shuman. Decree affirmed.

COUNSEL

Irving I. Solit, for appellant.

Ralph B. Umsted, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, J.j.

Author: Watkins

[ 197 Pa. Super. Page 440]

OPINION BY WATKINS, J.

This is an appeal from the decree of the Court of Common Pleas No. 1 of Philadelphia County granting a divorce a vinculo matrimonii on the ground of indignities in favor of Dr. David Shuman, the husband-appellee, and against Myrtle Kuehn Shuman, the wife-appellant. The parties were married in June, 1932. The husband is a licensed osteopathic physician and the wife is a registered nurse. He was, at the time of the hearing, 52 years of age and she was 53. Four children were born of the marriage, David 23, Frederick 20, Stephen 19 and Karla 18 years of age respectively.

[ 197 Pa. Super. Page 441]

The parties have been separated since October 15, 1957 when the husband left the common domicile. At that time David, the eldest child, was a student at the Pennsylvania State University and the other three children remained with the wife. Subsequently, David left college and went to live with the husband. Frederick left the wife and went to live with the husband. Frederick and Karla continued to live with the wife.

After the marriage the parties resided for four years at Queen Lane, Germantown, Philadelphia, Pennsylvania, and thereafter at 34 East Washington Lane, Germantown, Philadelphia. The wife still resides at the Washington Lane house while the husband resides at 5313 Baynton Street, Germantown, Philadelphia. The master in this case held twenty-one meetings and the testimony and report is contained in 2011 record pages. The master made a very detailed report to which the wife took forty-five exceptions which were dismissed by the court en banc below.

It is, of course, our duty to review the evidence de novo but we have held many times that where a master's report indicates the testimony has been carefully analyzed and the credibility of the witnesses carefully weighed, the findings of the master are entitled to the fullest consideration. "The report of the master who saw and heard the witnesses is ordinarily entitled to the fullest consideration where, as here, credibility is in issue and the master's findings dependent thereon are not at variance with the record." Sims v. Sims, 188 Pa. Superior Ct. 439, 445, 149 A.2d 528 (1959).

We agree with the court below "that defendant's testimony does not have the ring of truth about it and leads us to concur with the findings of fact and conclusions of law of the Master." The record discloses two recitations of facts, diametrically opposed to each other, so that some of the parties ...


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