![]() ![]() While the recommendations of the master are entitled to careful consideration, they are advisory only and are not controlling either upon the lower court or *418 upon this court: Philo v. That the marriage of the parties, particularly after they moved to Washington County, was not harmonious is clearly derived from the evidence in the case".īefore discussing the marital disputes and the causes alleged for the divorce, we deem it appropriate to make some observations concerning the master's report. In 1948 a corporation was formed which took over the assets of the partnership, the stock in said corporation being held as follows: Plaintiff 519 shares defendant 480 shares, accountant for the company the remaining 1 share. In the early part of 1947 a partnership consisting of plaintiff, defendant and defendant's father was formed for the conduct of the coal business. In the meantime, plaintiff rather successfully conducted his coal stripping business, defendant acting as bookkeeper, and following their removal to the farm, plaintiff was necessarily away from home during the week, returning over weekends, and defendant performed her duties in an office located in the farm home. After the marriage, they lived for a time at the Gore Hotel, Clarksburg, West Virginia, and later they successively resided at Lost Creek, West Virginia, Johnstown, South Fork and Windber, all in Pennsylvania, and in the latter part of 1944 they moved to Washington County, Pennsylvania, to a farm of about one hundred acres with a large house containing ten or eleven rooms thereon which had been bought by plaintiff and title taken in his name later, however, the title was vested in plaintiff and defendant as tenants by the entireties. *417 Following defendant's attendance at business school for about two months, the parties were married. Some two months prior to the marriage, defendant went, at plaintiff's request, to Clarksburg, West Virginia, where she enrolled in a business school, agreeably to plaintiff, to the end that she would be able to assist plaintiff, who could neither read nor write, in the operation of his coal stripping business which he had established in 1938. Until about two months before the marriage, defendant, a registered nurse, had been employed as assistant superintendent of Ellwood City Hospital, Ellwood City, Pennsylvania, in which position she received a salary of $110.00 per month, plus room, board and laundry. It appears that they knew each other for a period of about ten years prior thereto. This appeal followed.Ĭertain facts are not seriously in dispute, and are thus summarized by President Judge CREPS: "The parties were married in West Virginia on July 4, 1942. Following the filing of exceptions and argument thereon, the lower court dismissed the exceptions and, on October 10, 1955, entered a final decree. ![]() On January 3, 1955, the master filed his report recommending a decree on all three grounds. After rules for a bill of particulars, and for alimony pendente and counsel fee, were determined, the lower court, on April 5, 1954, appointed a master. The complaint originally alleged cruel and barbarous treatment and indignities to the person, but was subsequently amended to include a charge of desertion. ![]() The parties were at that time aged 58 and 43 years, respectively. Rankin instituted an action in divorce against his wife, Edith L. Jack, Jr., Miller & Miller, and Tomb & Tomb, for appellee. Rosenberg, and Bloom, Bloom & Yard, for appellant. ![]() *415 Before RHODES, P.J., HIRT GUNTHER, WRIGHT, WOODSIDE, ERVIN, and CARR, JJ. ![]()
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