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BAILEY v. BAILEY (11/15/62)

November 15, 1962

BAILEY
v.
BAILEY, APPELLANT.



Appeal, No. 297, Oct. T., 1962, from decree of Court of Common Pleas of Bucks County, Sept. T., 1957, No. 5, in case of Martin J. Bailey v. Elizabeth L. Bailey. Decree affirmed.

COUNSEL

Anthony A. Mandio, for appellant.

Donald W. Vanartsdalen, with him Vanartsdalen & Pratt, for appellee.

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

Author: Watkins

[ 199 Pa. Super. Page 535]

OPINION BY WATKINS, J.

This is an appeal from the decree of the Court of Common Pleas of Bucks County, Pennsylvania, granting a divorce a.v.m. to the plaintiff-appellee, Martin J. Bailey, from the defendant-appellant, Elizabeth L. Bailey, on the grounds of indignities.

The parties were married on September 48 1951; the marriage was the second for the plaintiff; the fourth for the defendant; the plaintiff, at the time of the hearing was 47 years of age; the defendant 57 years of age. The plaintiff was in charge of plant protection at the Fairless Hills plant of the United States Steel Corporation and earned a salary of $1000 per month, plus expenses. He had been employed by United States Steel since 1939. The defendant was a beautician at the time of the marriage. Since the separation she has been employed by the New Jersey division of motor vehicles. She is receiving alimony pendente lite.

The parties, up until the time of separation, on August 15, 1956, were living at 100 Fairfax Road, Fairless Hills, Bucks County, Pennsylvania. After the separation, the plaintiff lived at Edgely, Pennsylvania, and the defendant, at 6 Oak Lane, Trenton, New Jersey. There are no children of this marriage.

[ 199 Pa. Super. Page 536]

The master who saw and heard the witnesses gave a detailed report recommending the divorce and made a careful and painstaking analysis of all the testimony and after deciding the issue of credibility against the defendant, found that the grounds establishing indignities were amply proven. The court below said, "We believe we are justified in giving the fullest consideration to the report of the master since he saw and heard the witnesses and we concur with his findings as to credibility." After a careful study of this record, including the master's report, and the opinion of the court below, we concur with his conclusion as to credibility.

The master and the court below in determining credibility were impressed by some of the bizarre history of this unhappy marriage. The plaintiff, when he was about 25 years of age, entered into a marriage ceremony with a woman and there were two children born of this marriage. At the time of the marriage he knew she had been married but was advised, and believe, that her previous husband was dead. When it was discovered that, in fact, the former husband was alive, he consulted counsel and was advised that no marriage existed between him and this woman. In 1953 the woman in question obtained two divorces in Indiana on the same day, one from the first husband and one from the plaintiff.

This was the marital status of the plaintiff in 1951 when he married the defendant. At the time he met his present wife he knew her as Elizabeth Eldredge. There was evidence of intimacy prior to marriage and a false claim by the defendant that she was pregnant prior to marriage. On the application for a marriage license she swore that she had never been previously married. He knew that she had been married and ...


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