Smith v. Smith

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 the following facts: appellant, a resident of Olanta, Clearfield County, was married to Michael E. Smith on August 28, 1969, in Joplin,…