Legal Opinion

Howell v. Howell

Superior Court of Pennsylvania

Decided February 18, 1977No. 454PublishedCited by 4 opinions

1Opinion of the Court

SPAETH, Judge:

This is an appeal from the denial of a petition to proceed in forma pauperis in a divorce action. Pa.R.C.P. 1137. 1

When appellant filed his petition he was receiving $86 per week in unemployment benefits. Half of this he voluntarily gave to his estranged wife for her support. He paid $20 per month on a debt, and gave the rest to his parents, with whom he was living, to help them buy food for themselves and gas for their car. Appellant’s personal property was of negligible value. 2

The lower court found that appellant “fell far short” of proving inability to pay costs:

He was not…

Also in this document: Dissent.

2Cases cited4 opinions

  1. Schoepple v. SchoeppleSuperior Court of Pennsylvania · 1976
  2. Commonwealth Ex Rel. Young v. YoungSuperior Court of Pennsylvania · 1968
  3. Commonwealth v. DeoseSuperior Court of Pennsylvania · 1961
  4. Commonwealth ex rel. Eifert v. EifertSuperior Court of Pennsylvania · 1973

3Cited by4 opinions

  1. Koziatek v. MarquettSupreme Court of Pennsylvania · 1984
  2. Thompson v. Garden Court, Inc.Superior Court of Pennsylvania · 1980
  3. Griffin v. TedescoSupreme Court of Pennsylvania · 1984
  4. Sellers v. SellersSuperior Court of Pennsylvania · 1981

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