No. 1000 Pittsburgh, 1980
S.R. DiFrancesco, Sr., Johnstown, for appellant.
David J. Kaltenbaugh, Johnstown, for appellee.
Price,*fn* Brosky and Montemuro, JJ.
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This appeal comes to us from an order by the Honorable Caram J. Abood dismissing appellant's exceptions to the
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master's denial of a divorce on the grounds of indignities. We affirm the lower court based on the master's conclusion that appellant's allegations are insufficient to establish the grounds of indignities.
The facts surrounding this appeal are as follows. The litigants, Needom I. Jones and Leona Jones, were married in Johnstown, Pennsylvania on August 6, 1977. No children were born of this marriage. The couple established their residence at Mrs. Jones' home where her twenty-two year old son from a previous marriage, Reginald, resided with them. On April 29, 1979, Needom separated from Leona. On July 18, 1979, Mr. Jones filed a Complaint in Divorce alleging that he was the injured and innocent spouse and that Leona offered such indignities to his person as to render his condition intolerable and his life burdensome. In a bill of particulars filed subsequently, appellant alleged 1) that the behavior of appellee's son in the household caused him immense physical and emotional upset, and 2) that the failure of appellee to remove her son from the house amounted to condonation of her son's behavior and, therefore, constituted indignities to appellant.
In his testimony before the master, appellant stated that the problems in the marriage were caused for the most part by the presence of Leona's son in the household. He testified that Reginald had admitted to stealing money from his dresser several times. According to Mr. Jones, when he complained about these incidents to his wife, she "took [Reginald's] side of the argument," (N.T. at 10), and refused to reprimand the young man. Mr. Jones also testified that Reginald admitted stealing a "beef roast" from the household. (N.T. at 13).
However, appellant's primary contention was that Reginald smoked marijuana while at home to such a degree that the smoke caused appellant to become physically ill requiring him to take prescription drugs. When asked by his counsel if he informed Mrs. Jones about the marijuana, appellant responded that he had told her it was causing him
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headaches and nausea and that she had promised to discuss the ...