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EARL H. BROWN v. GLORIA R. BROWN (07/02/81)

filed: July 2, 1981.

EARL H. BROWN
v.
GLORIA R. BROWN, APPELLANT



No. 119 Pittsburgh, 1980, Appeal from Order in the Court of Common Pleas, Civil (Family Division), of Allegheny County, No. 1000 October Term, 1977.

COUNSEL

Jeff Letwan, Pittsburgh, for appellant.

Charles P. Voelker, Pittsburgh, for appellee.

Hester, Brosky and Van der Voort, JJ.

Author: Per Curiam

[ 288 Pa. Super. Page 355]

Presently before the court is appellant's appeal from the order of the lower court dated January 24, 1980, dismissing appellant's exceptions to the Master's Report and granting a Decree in Divorce in favor of the appellee and against the appellant on the grounds of indignities to the person.*fn1

The facts may be briefly summarized as follows: The parties were married in Allegheny County on April 11, 1969. No children were born of the marriage. Subsequent to a second separation between the parties when the appellee removed himself from the marital domicile,*fn2 he filed for divorce. Following the close of pleadings, including the filing of a Bill of Particulars and Answers to Interrogatories, a Master in Divorce was appointed. Testimony was taken on August 8, 1979 and September 6, 1979. Appellee testified on his own behalf and also called a private detective to testify. Appellant testified on her own behalf and further called her employer and three women friends.

At the close of testimony, the Master issued his report recommending that a divorce be granted in favor of the appellee and against the appellant on the basis of indignities

[ 288 Pa. Super. Page 356]

    to the person. Appellant thereafter caused timely Exceptions to be filed which were subsequently dismissed by Order of the lower court dated January 24, 1980. It is from this Order that the instant appeal has been taken.

We reverse and dismiss the Complaint in Divorce.

Before addressing ourselves to the gravamen of this appeal, we must again reiterate our scope of review. As is artfully stated in Schrock v. Schrock, 241 Pa. Super. 53, 57, 359 A.2d 435, at 437-8 (1976):

Sells v. Sells, supra, 228 Pa. Super. at 333-34, 323 A.2d at 22, quoting Margolis v. Margolis, 201 Pa. Super. 129, 133, 192 A.2d 228, 230 (1963). Realizing that no strict test applies, the Pennsylvania Supreme Court has delineated a framework of conduct within which we may ...


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