SMITH v. SMITH


245 Pa.Super. 479 (1977)

369 A.2d 729

Joyce M. SMITH, Appellant, v. Michael E. SMITH.

Superior Court of Pennsylvania.

Decided February 18, 1977.


Attorney(s) appearing for the Case

Michael J. Bresnahan, State College, for appellant.

No appearance entered nor brief submitted for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


HOFFMAN, Judge:

Appellant, whose sole source of income is a monthly Department of Public Assistance grant, contends that the lower court erred in denying appellant leave to proceed in a divorce action without payment of fees and costs. We agree, and, therefore, reverse the order of the lower court.

In 1975, appellant petitioned the Court of Common Pleas of Clearfield County to grant her leave to file for a divorce in forma pauperis. That petition recited...

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