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LISCIO v. LISCIO (03/19/64)

March 19, 1964

LISCIO
v.
LISCIO, APPELLANT.



Appeal, No. 284, April T., 1963, from decree of Court of Common Pleas of Allegheny County, Jan. T., 1961, No. 3696, in case of Rocco Liscio v. Lucy Liscio. Decree affirmed.

COUNSEL

Jerry B. Landis, for appellant.

Stephen A. Zappala, for appellee.

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

Author: Rhodes

[ 203 Pa. Super. Page 85]

OPINION BY RHODES, P.J.

This is an appeal by wife-defendant from a decree of the Court of Common Pleas of Allegheny County awarding the husband an absolute divorce on the ground of indignities.

The parties were married on May 2, 1953, and thereafter lived in plaintiff's house at Pittsburgh. At the time of the marriage plaintiff was sixty years of age and defendant was fifty. Plaintiff, a widower, had seven children by his first marriage, and defendant, a

[ 203 Pa. Super. Page 86]

    widow, had four children by her first marriage. In 1959, plaintiff suffered a heart attack and was advised by his doctor to go to California for his health. On November 23, 1959, plaintiff sold his house in Pittsburgh, taking a purchase money mortgage thereon. The parties then moved to Colton, San Bernadino County, California, where they purchased a home after staying with plaintiff's daughter for a short time. The parties transferred their savings to California banks. They separated in California about April 1, 1960. Plaintiff returned to Pittsburgh on April 3, 1960, and defendant followed later.

Plaintiff filed a complaint on December 30, 1960, alleging indignities and cruel and barbarous treatment as grounds for a divorce. A petition for counsel fees and alimony was filed. A petition for a bill of particulars was also filed. Subsequently, defendant sought additional expenses for taking depositions in California. The Court below dismissed this petition and ordered that plaintiff "may not under any circumstances mention the incidents or occations which occurred in the State of California in the plaintiff's case in chief, but may defend himself by rebuttal testimony if utilized by the defendant." After the taking of testimony, the master filed a report on January 28, 1963, in which he recommended that a divorce be granted on the ground of indignities to the person. The court below dismissed exceptions to the master's report, and entered a decree in divorce on September 12, 1963, from which defendant has appealed.

The issues before us in this appeal are (1) whether the Court of Common Pleas of Allegheny County had jurisdiction to hear this divorce action; (2) whether the testimony was sufficient for the granting of the decree in divorce; and (3) whether there was error in not ...


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