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BELLO v. BELLO (06/12/62)

June 12, 1962

BELLO
v.
BELLO, APPELLANT.



Appeal, No. 55, Oct. T., 1962, from decree of Court of Common Pleas No. 3 of Philadelphia County, June T., 1955, No. 7690, in case of Alvin J. Bello v. Rosalie B. Bello. Decree affirmed.

COUNSEL

Harry Polish, with him Meyer E. Cooper, for appellant.

Neil W. Burd, with him Alfred I. Ginsburg, for appellee.

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

Author: Montgomery

[ 198 Pa. Super. Page 74]

OPINION BY MONTGOMERY, J.

This is an appeal from a final decree in divorce a.v.m. granted on the grounds of desertion. The complaint in divorce charged the appellant with indignities to the person and desertion of the appellee as of March 20, 1953.

The parties, both members of the bar, were married May 10, 1947, after which they lived with the parents of the plaintiff for five years until they moved into an apartment in a building owned by them. A few months thereafter appellant was operated on at Temple University Hospital for a tumor of the brain. As a result of the operation she was paralyzed, lost the use of her right leg and right arm, and could not speak. Her condition has improved over the years but she still suffers from word aphasia and has weakness of her right arm and leg. Her doctor refused to testify as to the probability of her complete recovery.

The appellee prevailed upon the appellant's parents to take her to their home directly from the hospital in July, 1952. While she was there appellee provided her with a special hospital bed, nursing, and medical care. She remained there about five months.

Upon her parents' insistence, appellee took the appellant back to their apartment. A nurse cared for her during the day and the appellee cared for her at night.

Appellee contends that on March 20, 1953, he came home from his office and found that his wife had gone to her parents' home, taking her special bed with her, as well as her clothes. He stated that thereafter he repeatedly asked her to come back but she refused. Appellee moved to his parents' home after the separation.

[ 198 Pa. Super. Page 75]

The appellee testified that he supported his wife, paid for her speech, occupational, and medical therapy. He arranged rental of an apartment at the shore for her for the summer of 1954, but was not permitted ...


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