DEPT. OF PUBLIC WELFARE v. JOYCE


131 Pa.Commw. 621 (1990)

571 A.2d 536

COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Plaintiff, v. John P. JOYCE, in his official capacity as Prothonotary of the Court of Common Pleas of Allegheny County, Pennsylvania, Defendant.

Commonwealth Court of Pennsylvania.

Decided March 7, 1990.


Attorney(s) appearing for the Case

Jason W. Manne, Asst. Counsel, Pittsburgh, for plaintiff.

James R. Fitzgerald, Pittsburgh, for defendant.

Before CRAIG and PALLADINO, JJ., and NARICK, Senior Judge.


NARICK, Senior Judge.

The Department of Public Welfare (DPW) filed an action for declaratory judgment in our original jurisdiction against the Prothonotary of Allegheny County (Prothonotary) in which it sought a declaration from this Court that the Prothonotary could not demand payment of fees and costs in advance in support actions. We previously overruled the Prothonotary's preliminary objections in the nature of a demurrer.1 Presently...

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