stating that a defendant’s right to file an answer is absolute.
How later courts described this case
- stating that a defendant’s right to file an answer is absolute.
Written by the judges who cited it.
The opinion
McGINLEY, Judge,
dissenting.
I respectfully dissent.
The majority finds that, with respect to support proceedings brought under the Revised Uniform Reciprocal Enforcement of Support Act (1968) (URESA), 23 Pa.C.S. §§ 4501-4540 the court of common pleas is prohibited from requiring advance payment of fees and costs. Specifically, the majority states that Section 4515 of URESA, 23 Pa.C.S. § 4515 expressly directs the initiating and responding courts not to require payment of “either a filing fee or other costs from the obligee.” I agree with the majority’s *348 conclusion that DPW, as an obligee, can not be required to pay fees in advance for the entry of a judgment .or the issuance of a writ of execution in URESA proceedings. Contrary to the majority, I would partially grant DPW a Declaratory Judgment in this regard.
However, I must disagree with the majority’s determination with respect to in-state parties and local actions. Pa.R. C.P. No. 1910.4 1 provides specifically that the fee for filing a complaint need not be paid in advance. Filings related to the entry of a judgment and the issuance of a writ of execution must be accorded different treatment. Section 14 of The Pennsylvania Civil Procedural Support Law, 2 which provided that “no fee shall be required to be paid in advance,” has been repealed. I would hold that there is no authority for DPW to proceed without the payment of the appropriate fees. The fee schedule for the prothonotary of the court of common pleas of a county of the second class establishes that fees for filings relating to the entry of judgment and the issuance of a writ of execution are required and listed separately from fees required for the commencement of actions. See Subsections 2(13), (28) of the Second Class County Prothonotary Fee Act, Act of April 8, 1982, P.L. 303, 42 P.S. §§ 21042(13), (28). The payment of the filing fees operates as a check against DPW from indiscriminately obtaining a judgment against every individual who has support arrearages due and owing welfare recipients. Additionally, there are adequate remedies available where the obligee has assets but refuses to discharge his or her support responsibilities.
*349 I would grant the preliminary objections of the Prothonotary and require the fees to be paid in advance in all in-state proceedings and grant DPW’s Action for Declaratory Judgment to the extent that the fees need not be paid in advance in URESA proceedings.
. Rule 1910.4. Commencement of Action. Fee
(a) An action shall be commenced by filing a complaint with the domestic relations section of the court of common pleas.
Note: For the form of the complaint, see Rule 1910.26(a). Section 961 of the Judicial Code, 42 Pa.C.S. § 961, provides that each court of common pleas shall have a domestic relations section.
(b) No filing fee shall be required in advance.
. Act of July 13, 1953, P.L. 431, as amended, formerly 62 P.S.' § 2043.44, repealed by section 2(a) [1291] of the Act of April 28, 1978, P.L. 202, 42 P.S. § 20002(a) [1291].