(a)
This rule shall apply to all civil actions and proceedings except actions
pursuant to the Protection From Abuse Act and Protection of Victims of Sexual
Violence or Intimidation Act.
(b) A
party who is without financial resources to pay the costs of litigation is
entitled to proceed in forma pauperis.
(c) Except as provided by subdivision (d),
the party shall file a petition and an affidavit in the form prescribed by
subdivision (h). The petition may not be filed prior to the commencement of an
action or proceeding or the taking of an appeal.
(1)
(i) If
the petition is filed simultaneously with the commencement of the action or
proceeding or with the taking of the appeal, the prothonotary shall docket the
matter and petition without the payment of any filing fee.
(ii) If the court shall thereafter deny the
petition, the petitioner shall pay the filing fee for commencing the action or
proceeding or taking the appeal. A party required to pay such fee may not
without leave of court take any further steps in the action, proceeding or
appeal so long as such fee remains unpaid. Not sooner than ten days after
notice of the denial of the petition pursuant to Rule 236, the prothonotary
shall enter a judgment of non pros in the action or proceeding or strike the
appeal if the fee remains unpaid. The action, proceeding or appeal shall be
reinstated only by the court for good cause shown.
(2) If the action or proceeding is commenced
or the appeal is taken without the simultaneous filing of a petition, the
appropriate filing fee must be paid and shall not be refunded if a petition is
thereafter filed and granted.
(3)
Except as provided by subdivision (j)(2), the court shall act promptly upon the
petition and shall enter its order within twenty days from the date of the
filing of the petition. If the petition is denied, in whole or in part, the
court shall briefly state its reasons.
(d)
(1) If
the party is represented by an attorney, the prothonotary shall allow the party
to proceed in forma pauperis upon the filing of a praecipe which contains a
certification by the attorney that he or she is providing free legal service to
the party and believes the party is unable to pay the costs.
(2) The praecipe shall be substantially in
the form prescribed by subdivision (i).
(e) 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.
(f) A party permitted to
proceed in forma pauperis shall not be required to
(1) pay any cost or fee imposed or authorized
by Act of Assembly or general rule which is payable to any court or
prothonotary or any public officer or employee, or
(2) post bond or other security for costs as
a condition for commencing an action or proceeding or taking an
appeal.
(g) If there is a
monetary recovery by judgment or settlement in favor of the party permitted to
proceed in forma pauperis, the exonerated fees and costs shall be taxed as
costs and paid to the prothonotary by the party paying the monetary recovery.
In no event shall the exonerated fees and costs be paid to the indigent
party.
(h) The affidavit in support
of a petition for leave to proceed
in forma pauperis shall be
substantially in the following form:
(Caption)
1. I am
the (plaintiff) (defendant) in the above matter and because of my financial
condition am unable to pay the fees and costs of prosecuting or defending the
action or proceeding.
2. I am
unable to obtain funds from anyone, including my family and associates, to pay
the costs of litigation.
3.
represent that the information below relating to my ability to pay the fees and
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
Date of last employment:
______________________________________
Salary or wages per month:
______________________________________
Type of work: ______________________________________
(c)
Other income 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 (Wife) (Husband) Name: ______________________________________
If your (wife) (husband) is employed, state
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 and bonds:
______________________________________
Other: ______________________________________
(f)
Debts and
Obligations
Mortgage: ______________________________________
Rent: ______________________________________
Loans: ______________________________________
Other: ______________________________________
______________________________________
(g)
Persons dependent upon you for
support
(Wife) (Husband) Name: ___________________________
Children, if any:
Initials: ____________________________ Age:
____________
_________________________________ ____________
_________________________________ ____________
Other Persons:Name:
______________________________________
Relationships: ______________________________________
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
affidavit are true and correct. I understand that false statements herein are
made subject to the penalties of
18 Pa.C.S. ยง
4904,
relating to unsworn falsification to authorities.
Date: ____________
____________
Petitioner
(i) The praecipe required by subdivision (d)
shall be substantially in the following form:
(Caption)
PRAECIPE TO PROCEED IN FORMA
PAUPERIS
To the Prothonotary:
Kindly allow _________________________, (Plaintiff)
(Defendant) to proceed in forma pauperis.
I, _________________________, attorney for the party
proceeding in forma pauperis, certify that I believe the party is unable to pay
the costs and that I am providing free legal service to the party.
________________________________
Attorney for
(j)
(1) If,
simultaneous with the commencement of an action or proceeding or the taking of
an appeal, a party has filed a petition for leave to proceed in forma
pauperis, the court prior to acting upon the petition may dismiss the
action proceeding or appeal if the allegation of poverty is untrue or if it is
satisfied that the action, proceeding or appeal is frivolous.
(2) If the petitioner commences the action by
writ of summons, the court shall not act on the petition for leave to proceed
in forma pauperis until the complaint is filed. If the
complaint has not been filed within ninety days of the filing of the petition,
the court may dismiss the action pursuant to subdivision (j)(1).
Notes
The provisions
of this Rule 240 adopted March 25, 1983, effective
4/1/1983, 13 Pa.B. 1125; amended
March 11, 1991, effective 7/1/1991, 21 Pa.B. 1274; amended November 26,
1991, effective 1/1/1992, 21
Pa.B. 5715; amended April 3, 1992, effective immediately, 22 Pa.B. 2221;
amended June 3, 1994, effective 9/1/1994, 24 Pa.B. 3018; amended April 19, 1995,
effective 7/1/1995, 25 Pa.B.
1767; amended April 12, 1999, effective 7/1/1999, 29 Pa.B. 2266; amended June 8, 2001,
effective 7/1/2001, 31 Pa.B.
3305; amended October 22, 2009, effectively immediately, 39 Pa.B. 6426; amended
March 2, 2012, effective 4/2/2012, 42 Pa.B. 1363; amended January 5,
2018, effective 1/6/2018, 48
Pa.B. 475; amended June 1, 2018, effective 7/1/2018, 48 Pa.B.
3519.
