Public-domain · open source
OpenJurist

261 Pa. Super. 229

Seal v. Seal

Superior Court of Pennsylvania

Decided December 21, 1978

Superior Court of Pennsylvania · decided 1978-12-21

Relies on 247 Pa. Super. 172 - Nicholson v. Nicholson · 247 Pa. Super. 181 - Moskol v. Moskol

Decided 1978-12-21

¶1OPINION

PER CURIAM:

¶2Appellant is the plaintiff in a divorce action. She contends that she should be excused from the payment of all costs in the prosecution of the action by reason of her indigency. She supports herself and her two children with public assistance payments of $294 per month. The costs of filing and service of the complaint would be $23.75. The court below found that appellant had the ability to pay this sum, and therefore entered an order requiring her to pay filing fees and sheriff’s costs, and excusing her from the payment of all other costs in prosecuting the action. We find no abuse of discretion. Moskol v. Moskol, 247 Pa.Super. 181, 371 A.2d 1387 (1977); Nicholson v. Nicholson, 247 Pa.Super. 172, 371 A.2d 1383 (1977).

¶3Order affirmed.

HOFFMAN, J.,

¶4dissents for the reasons stated in his dissenting opinions in Moskol v. Moskol, 247 Pa.Super. 181, 371 A.2d 1387 (1977) and Nicholson v. Nicholson, 247 Pa.Super. 172, 371 A.2d 1383 (1977).

/261/pasuper/229 · .json · Public domain