No. 567 April Term, 1977, Appeal from the Order of the Court of Common Pleas of Washington County, Pennsylvania, Civil Division at No. 166 September Term 1975, A.D. In Divorce.
Fred J. Sentner, Canonsburg, for appellant.
H. Terry Grimes, Washington, for appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Watkins, former President Judge, did not participate in the consideration or decision of this case.
[ 254 Pa. Super. Page 135]
In this action of divorce filed by the Plaintiff -- husband Steve Pochiba against his wife Ellen D. Pochiba on the grounds of desertion, on the recommendation of a Master the lower court entered a decree A.V.M. in his favor. The wife appealed.
After a review of the record to enable us to make independent findings of fact and conclusions we find and conclude that the wife -- defendant elected to make Florida her home and refused to return to Fellsburg, Pennsylvania the marital domicile, without cause and contrary to the wishes of the Plaintiff and that the period of desertion continued beyond a period of two years.
[ 254 Pa. Super. Page 136]
The Decree A.V.M. entered by the lower court is, therefore, affirmed.