246 Pa. Code r. 206

Current through Register Vol. 54, No. 49, December 7, 2024

Rule 206 - Costs; Proceedings In Forma Pauperis

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:__________

246 Pa. Code r. 206

The provisions of this Rule 206 adopted April 25, 1979, effective 5/25/1979, 9 Pa.B. 1499; amended September 18, 1990, effective immediately, 20 Pa.B. 5042; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended November 25, 2002, effective 1/1/2003, 32 Pa.B. 6078; amended October 22, 2009, effective immediately, 39 Pa.B. 6426; amended June 29, 2015, effective 7/1/2015, 45 Pa.B. 3811; amended October 28, 2016, effective 12/31/2016, 46 Pa.B. 7165; amended January 5, 2018, effective 1/6/2018, 48 Pa.B. 511.