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SHORE v. SHORE (09/12/63)

September 12, 1963

SHORE
v.
SHORE, APPELLANT.



Appeal, No. 126, Oct. T., 1963, from decree of Court of Common Pleas No. 1 of Philadelphia County, Sept. T., 1961, No. 1585, in case of Charles H. Shore v. Mary Shore. Decree affirmed.

COUNSEL

Erwin Miller, for appellant.

Stanley W. Bluestine, with him Samuel Diamond, and Bluestine, Diamond and Polsky, for appellee.

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

Author: Watkins

[ 201 Pa. Super. Page 474]

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.v.m., to the plaintiff-appellee, Charles H. Shore, from the defendant-appellant, Mary Shore, on the ground of desertion; and dismissing exceptions filed to the master's report. Although the original complaint

[ 201 Pa. Super. Page 475]

    alleges indignities as well as desertion, the plaintiff proceeded solely on the ground of desertion.

The parties were married on May 9, 1938 at Elkton, Maryland. The plaintiff was previously married to Anna Shore and divorced on May 6, 1938. The defendant was previously married to Samuel Firestone and divorced April 25, 1938. The plaintiff was born March 21, 1906; the defendant was born May 30, 1908. There were three children born of the marriage; Leroy, 25 years of age at the time of the hearing; Eileen Deena, 21 years of age at the time of the hearing; and Theodore born July 27, 1943. Leroy and Theodore are now married and have their own homes. Eileen was married but the marriage was annulled and she resides with her mother at 2201 South 5th Avenue, Arcadia, California.

The plaintiff is a registered pharmacist and has practised pharmacy for approximately 30 years in Pennsylvania. Prior to 1956 the parties owned premises at 19th and Christian Streets, Philadelphia, Pa., where they resided and where plaintiff operated a pharmacy. In 1956 the business became insolvent and the parties moved to Arcadia, California where they lived with her child by a prior marriage.

As he was fifty years of age it was difficult to find employment. He could not practise his profession in California. He obtained jobs as a janitor in the City of Hope hospital and earned money mowing lawns and as a night shift guard. He was very unhappy in California and on several occasions asked his wife to return with him to Pennsylvania where he could practise his profession. She refused to leave. As to specific requests, he made his first request on July 4, 1957 at which time he had been directed by his employer to clean up an overflowing ...


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