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FISHEL v. FISHEL (09/18/70)

decided: September 18, 1970.

FISHEL, APPELLANT,
v.
FISHEL



Appeal from decree of Court of Common Pleas of Cumberland County, Sept. T., 1968, No. 1328, in case of James E. Fishel v. Carol J. Fishel.

COUNSEL

Jerome T. Foerster, with him William T. Smith, and Smith and Smith, for appellant.

No oral argument was made nor brief submitted for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Hoffman, J. Wright, P. J., would affirm on the opinion of President Judge Shughart.

Author: Hoffman

[ 217 Pa. Super. Page 173]

This is an appeal from a dismissal of a husband's complaint in divorce alleging indignities. The defendant-wife has not contested the husband's action nor has she, either personally or by an attorney, appeared before the lower court or us.

The parties in this case were married in 1959. Three children were born of the marriage, all of whom have lived with the wife since she left the marital home on June 15, 1968. Since 1968, the wife has resided in Bedford County, Pennsylvania, while the husband has resided in Cumberland County, Pennsylvania.

The action was commenced on August 30, 1968. After the master's hearing, which the wife did not attend, the master filed a report recommending that the divorce be granted. In his report, he stated that the wife subjected the husband to a course of abusive conduct which began about two years following their marriage and which became steadily worse until their separation in 1968. During this period, she failed and neglected to prepare regular and proper meals for the plaintiff and seldom arose in the morning to prepare breakfast for him. She failed to perform her minimum duties in keeping house for the plaintiff and, on many occasions, it was necessary for the husband's mother to clean the house and do the laundry.

In addition, the wife continually associated with other men. On one occasion, she admitted to the husband

[ 217 Pa. Super. Page 174]

    that she had become involved with a doctor by whom she was employed and had spent a weekend with him in New York City. While she was employed by this doctor, she also lent him $300.00, which sum was never repaid.

The master also accepted the husband's testimony that in May, 1968, he overheard his wife talking on the phone about having relations with other men, and that she stated that she was "making a lot of money on her back." It was also established that the ...


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