Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 200 - RULES OF CONSTRUCTION; GENERAL PROVISIONS › Rule 206 - Costs; Proceedings In Forma Pauperis

Current through Register Vol. 54, No. 28, July 13, 2024
A. Except as otherwise provided by law, the
				costs for filing and service of the complaint shall be paid at the time of
				filing.
B. Except as otherwise
				provided by paragraph C of this rule, the prevailing party in magisterial
				district court proceedings shall be entitled to recover taxable costs from the
				unsuccessful party. Such costs shall consist of all filing, personal service,
				witness, and execution costs authorized by Act of Assembly or general rule and
				paid by the prevailing party.
C.
				Taxable costs on appeal or
certiorari
shall be paid by the
				unsuccessful party, and a plaintiff who appeals shall be considered an
				unsuccessful party if he or she does not obtain on appeal a judgment more
				favorable than that obtained in the magisterial district court proceeding. A
				defendant who prevails on
certiorari
proceedings brought by
				the defendant or who obtains a favorable judgment upon appeal by either party
				shall not be liable for costs incurred by the plaintiff in the preceding
				magisterial district court proceeding and may recover taxable costs in that
				proceeding from the plaintiff. A plaintiff who is unsuccessful in the
				magisterial district court proceeding may recover taxable costs in that
				proceeding from the defendant if the plaintiff is successful on appeal, and in
				that event the defendant may not recover costs in the magisterial district
				court proceeding from the plaintiff.
D. This rule shall apply to all civil actions
				and proceedings except actions pursuant to the Protection From Abuse Act or
				42 Pa.C.S. §§
										62A
				01-62A20.
E. Proceedings
in
				forma pauperis
(1) A party who is
				without financial resources to pay the costs of litigation shall be entitled to
				proceed
in forma pauperis
.
(2) Except as provided by subparagraph (3),
				the party shall file a petition and affidavit in the form prescribed by
				subparagraph (6). The petition may not be filed prior to the commencement of
				the action, which action shall be accepted in the first instance, without the
				payment of filing costs.
Except as prescribed by subparagraph (3), the magisterial
				  district judge shall act promptly upon the petition and shall enter a
				  determination within five days from the date of the filing of the petition. If
				  the petition is denied, in whole or in part, the magisterial district judge
				  shall briefly state the reasons therefor. The unsuccessful petitioner may
				  proceed no further so long as such costs remain unpaid.
(3) If the party is represented by an
				attorney, the magisterial district judge shall allow the party to proceed
in forma pauperis
upon the filing of a
praecipe
that contains a certification by the attorney that
				the attorney is providing free legal service to the party and believes the
				party is unable to pay the costs.
(4) A party permitted to proceed
in
				forma pauperis
shall not be required to pay any costs imposed or
				authorized by Act of Assembly or general rule which are payable to any court or
				any public officer or employee.
The magisterial district judge shall inform a party permitted
				  to proceed
in forma pauperis
of the option to serve the
				  complaint by mail in the manner permitted by these rules.
A party permitted to proceed
in forma
				  pauperis
has a continuing obligation to inform the court of
				  improvement in the party's financial circumstances which will enable the party
				  to pay costs.
(5) If there
				is a monetary recovery by judgment or settlement in favor of the party
				permitted to proceed
in forma pauperis
, the exonerated costs
				shall be taxed as costs and paid to the magisterial district judge by the party
				paying the monetary recovery. In no event shall the exonerated costs be paid to
				the indigent party.
(6) The
				petition for leave to proceed
in forma pauperis
and affidavit
				shall be substantially in the following form:
[Caption]
Petition
I hereby request that I be permitted to proceed
in
				  forma pauperis
(without payment of the filing and service costs). In
				  support of this I state the following:
1. I am the plaintiff in the above matter and
				because of my financial condition am unable to pay the costs for filing and
				service of this action.
2. I am
				unable to obtain funds from anyone, including my family and associates, to pay
				the costs of litigation.
3. I
				represent that the information below relating to my ability to pay the costs is
				true and correct:
(a) Name:
				___________________________
Address: ___________________________
(b) Employment
If you are presently employed, state
Employer: ___________________________
Address: ___________________________
Salary or wages per month: ___________________________
Type of work: ___________________________
If you are presently unemployed, state
The date of my last employment was: ____________
Salary or wages per month: ______________________
Type of work:
				  _______________________________________
(c) Other income that I have received within
				the past twelve months
Business or profession: _____________________
Other self-employment: _____________________
Interest: _____________________________________
Dividends: _____________________________________
Pension and annuities: ________________________
Social security benefits: ________________________
Support payments: ________________________
Disability payments: ________________________
Unemployment compensation and supplemental benefits:
				  ________________________
Workers' compensation: ___________
Public assistance: ________________________
Other: _____________________________________
(d) Other contributions to household support
Spouse Name: _____________
My Spouse is employed: __________________________
Employer:
				  ______________________________________________
Salary or wages per month: _____________________
Type of work: _______________________________
Contributions from children: _____________________
Contributions from parents: _____________________
Other contributions: _____________________
(e) Property owned Cash:
				_______________________________
Checking account: _______________________________
Savings account: _____________________
Certificates of deposit:
				  _______________________________
Real estate (including home): _________________
Motor vehicle: Make ________________,Year _____
Cost _____________, Amount owed $ ___________
Stocks; bonds: _______________________________
Other: _______________________________
(f) Debts and obligations
Mortgage: _______________________________
Rent: _______________________________
Loans: _______________________________
Other: _______________________________
(g) Persons dependent upon me for support
Spouse Name: _____________
Ages of Minor Children, if any: _______________
Other persons:
Name: _______________________________
Relationship:
				  _______________________________
4. I understand that I have a continuing
				obligation to inform the Court of improvement in my financial circumstances
				which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this
				petition are true and correct. I understand that false statements herein are
				made subject to the penalties of
				18 Pa.C.S. §
												4904,
				relating to unsworn falsification to authorities.
Date: ___________
Petitioner _______________________________
Action by the Magisterial District Judge: __________
Date:____ Magisterial District Judge:__________