Schoepple v. Schoepple’s Empirical Analysis

Citation profile

21 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . Appellant’s monthly expenses are $158.31. These expenses include a monthly installment payment of $15.00 for a color television set that appellant had purchased two months before the hearing for $316.94. This purchase was the main reason for the lower court’s refusal to excuse appellant from paying all of the fees incident to her divorce action (N.T. 4^5; Memorandum Opinion, at 2). Appellant testified that she made the purchase to provide her with a diversion at home, stating that T don’t go anywhere. I don’t go to no movies’ (N.T. 4). The court, however, was unimpressed by this explanation, stating that it could ‘see no reason why she couldn’t pick up $15.00 a month to pay a lawyer after she finishes paying [for] the colored T.V.’ If appellant did this, she would have to wait about twenty months before she could proceed with her divorce action (N.T. 5).” 239 Pa.Super. at 560 , 361 A.2d at 667 . We held that “ . . . [t]he lower court’s emphasis on appellant’s installment payments was error. Under Rule 1137 the issue is whether the petitioner has shown ‘his inability to pay all or part of the costs of the action.’ This issue is financial, not moral. It may be that appellant was extravagant in purchasing the television set; if so, however, that fact would not by itself preclude a finding of inability to pay costs. . Rule 1137, however, only requires proof of present inability to pay costs. If a petitioner proves such inability, he is entitled to relief.” Id. 239 Pa.Super”

   3 later decisions quote this exact passage
   e.g. 250 Pa. Super. 42 - Davila v. Soto · 247 Pa. Super. 172 - Nicholson v. Nicholson

2. “Proceedings by Indigent Parties (a) Prior to the commencement of the action, or at any time during its pendency, upon petition of a party averring his inability to pay all or part of the costs of the action, the court, upon being satisfied of the truth of the averments of the petition, shall enter an order permitting him to proceed upon payment of only those costs which the court finds he is able to pay. Costs include masters’ fees and stenographic charges. The petition must disclose his full financial condition including his income and property. No filing fee shall be required for the filing of the petition. (b) A petition by a plaintiff shall also include a statement of the financial condition of the defendant including income and property, to the extent known to the plaintiff. The petition shall not be denied or delayed because of the defendant’s financial ability to pay the costs. The entry of an order relieving the plaintiff from costs of the action, in whole or in part, shall not relieve the defendant from any liability for payment of the costs of the action. (c) If the plaintiff has been relieved of the payment of all or part of the costs the court by local rule or special order may provide the procedure by which the defendant may be required to pay such costs. Such proceedings shall in no manner delay or interfere with the disposition of the plaintiffs action.”

   1 later decision quote this exact passage
   e.g. 293 Pa. Super. 265 - Sellers v. Sellers