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ROSE A. DIFLORIDO v. NOE A. DIFLORIDO (01/27/75)

decided: January 27, 1975.

ROSE A. DIFLORIDO
v.
NOE A. DIFLORIDO, APPELLANT (TWO CASES)



COUNSEL

Peter J. Verderame, Langhorne, for appellant.

Alfred Francis Shea, Cornwells Heights, for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Jones

[ 459 Pa. Page 644]

OPINION OF THE COURT

The parties in this case, appellee, Rose A. DiFlorido, and appellant, Noe A. DiFlorido, were married on September 17, 1960. Thereafter, Mr. and Mrs. DiFlorido resided together as husband and wife until their separation on October 15, 1970. Subsequently, on June 18, 1971, the DiFloridos were divorced.

The matters now before this Court consist of two actions, one in replevin without bond and one in equity,*fn1

[ 459 Pa. Page 645]

    both arising from the appellee's claim to certain personal property, clothing, jewelry and household furniture and effects which the appellee, or the appellant and the appellee, had accumulated immediately prior to and during their marriage and which, since their divorce, have allegedly remained in the appellant's possession at the former marital residence.

After the hearing below, the trial judge awarded Mrs. DiFlorido certain items, consisting of gifts given to, and purchases funded and used exclusively by the appellee, certain property inherited from the appellee's deceased mother's estate, and the property or the money value of those items referred to as "the Italian jewelry." The trial judge also directed the appellant to pay over to the appellee one-half of the appraised value of certain property consisting of household goods and furnishings.*fn2

The appellant now contends that the preceding dispositions were improper for the following reasons: (1) since part of the property awarded to the appellee belonged to the estate of the appellee's deceased mother, the estate should have been joined as an indispensable party. (Pa. Rules of Civil Procedure 1032, 12 P.S. Appendix);*fn3 (2) although the appellee's ownership of "the Italian jewelry"

[ 459 Pa. Page 646]

    was uncontested, there was insufficient evidence to demonstrate that appellant remained in possession of said jewelry; (3) there was insufficient evidence to find that appellee owned all other items that were found to belong to her exclusively and (4) since the appellant was the sole provider during the marriage and since household goods found in the joint possession of husband and wife presumptively belong to the husband, the appellee should have been found to have no interest in those household goods which the lower court determined to be held by both parties as ...


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