Appeal, No. 175, April T., 1962, from decree of Court of Common Pleas of Allegheny County, April T., 1961, No. 2080, in case of Carl M. Jonash v. Regina B. Jonash. Decree reversed.
John J. McLean, Jr., with him Spinelli & McLean, for appellant.
Alexander L. McNaugher, with him Taylor, McNaugher & Duerring, for appellee.
Before Rhodes, P.j., Ervin, Wright, Watkins, Montgomery, and Flood, JJ. (woodside, J., absent).
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The plaintiff, Carl M. Jonash, filed a complaint in divorce a.v.m. on the ground of indignities. The testimony was taken before the Honorable HENRY X. O'BRIEN, then a judge of the Court of Common Pleas of Allegheny County. Before Judge O'BRIEN decided the case he was elevated to the Supreme Court of Pennsylvania. Pursuant to a stipulation then filed by counsel, the case was referred to the Honorable RALPH H. SMITH, JR. to be decided on the transcribed record. Judge SMITH entered a decree in divorce in favor of the plaintiff-husband and the defendant-wife has taken this appeal.
The parties were married on June 25, 1936, at Wellsburg, West Virginia, and took up residence in the home of the wife's mother at 218 Mary Street, Munhall, Pennsylvania. There they resided until the husband left home on or about May 5, 1959. The parties have two daughters, Ruth Ann, born September 16, 1937, and Elaine, born February 17, 1939. An order of support in the sum of $80.00 a month has been made by the County Court of Allegheny County for the support of the wife.
The husband's case rested solely upon his own testimony, which was directly contradicted by the testimony of the wife. The two daughters, who are now
[ 199 Pa. Super. Page 649]
grown and self-supporting, corroborated their mother's testimony in a number of instances.
The husband testified that the wife refused to move into a separate home as requested by the husband. The husband testified that at different times he asked his wife to move into a home of their own but that she refused to do so. The husband did not indicate any specific home. The wife testified that after the first baby was born in 1937 her husband asked her to move to a separate home but that she refused to do so because he wasn't making enough money to support a separate home. She testified that at that time he was making approximately $15.00 a week. She said he never thereafter suggested they move to a different home. After this offer was made the parties continued to reside together for more than 20 years in the home of her mother and it would appear to us that the husbands offer was certainly not a very serious one. Under the circumstances we do not believe that this constituted an indignity.
The second indignity alleged by the husband is that he was obliged to sleep in a separate bedroom from 1939 to 1959. The wife testified that she "had to leave the bedroom three months before I had the youngest child because he would not let me alone." She testified that because of her condition the doctor had advised both the parties that they should not have any intercourse; that her husband disregarded the advice and would not let her alone. She also testified that the doctor advised corrective surgery after the birth of the first child as soon as she got strong enough to have the same; that the ...