Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

WILLIAM R. MCCASKEY v. PATRICIA J. MCCASKEY (04/13/78)

decided: April 13, 1978.

WILLIAM R. MCCASKEY, JR., APPELLEE,
v.
PATRICIA J. MCCASKEY, APPELLANT



No. 607 April Term, 1977, Appeal from the Order of the Court of Common Pleas of Allegheny County, Family Division of No. 118 January Term, 1976.

COUNSEL

John Edward Wall, Pittsburgh, for appellant.

G. Entenmann, Pittsburgh, with him William J. Murray, Pittsburgh, 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.

Author: Hoffman

[ 253 Pa. Super. Page 362]

Appellant contends that the lower court erred in dismissing her exceptions to the master's report and in entering a decree of divorce a.v.m.*fn1 We affirm the lower court's decree.

On December 27, 1947, appellant-wife and appellee-husband were married in Pittsburgh, Pennsylvania. They have five children, ranging in age at the time of the hearing from 14 to 26. On October 10, 1975, appellee filed a complaint in divorce a.v.m. on the grounds of indignities to the person. The lower court appointed a master who conducted hearings on March 30, 1976, and on April 7, 1976. Appellee testified as follows: appellant consumed straight gin until her speech became slurred while with appellee and his business associates. Without provocation, appellant struck and insulted an employer of appellee. Appellant telephoned the wives of two of appellee's business associates, told them that appellee

[ 253 Pa. Super. Page 363]

    was a homosexual and intimated that he was currently involved in a homosexual affair with an employee of her husband's firm.*fn2 This conduct embarrassed and humiliated appellee. Appellee also testified that appellant consumed large quantities of alcohol in the family room of the home until she became unconscious; she refused to clean the home or to prepare his breakfast; and, except on infrequent occasions, appellant refused to engage in sexual intercourse. Appellant regularly abused appellee verbally in front of their children and friends by calling him a drunkard, homosexual, no damn good, an inadequate provider, and an adulterer. Appellant's conduct made appellee nervous and upset and his doctor prescribed librium tablets for him.

Appellee admitted that during a very emotionally stressful period 12 years earlier, he had engaged in a homosexual incident with his then 12 year old son, Bill, Jr. Both appellee and his son received psychiatric care after the event and the family remained together and worked out the problem. Bill, Jr. has forgiven his father. Following the parties' separation in February, 1974, appellee attempted a reconciliation but appellant's excessive drinking prevented a reunion.

Appellee called Cherry Greenberg,*fn3 the wife of one of appellee's co-workers, who corroborated appellee's testimony. She confirmed that appellant telephoned her to say that appellee is a homosexual. Appellee's sons both testified; appellee called Bill, Jr. and appellant called David. Both stated that appellant called appellee a homosexual in their presence and that appellant frequently became inebriated at home and slept in the family room.

Appellant presented a different version of the events of the marriage. She denied ever ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.