Opinion
MAGISTERIAL RULES DOCKET NO. 417
01-05-2018
IN RE: ORDER AMENDING RULE 206 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE BEFORE MAGISTERIAL DISTRICT JUDGES
ORDER
AND NOW, this 5th day of January, 2018, upon the recommendation of the Minor Court Rules Committee, the proposal having been published for public comment at 47 Pa.B. 4682 (August 12, 2017):
It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 206 of the Pennsylvania Rules of Civil Procedure before Magisterial District Judges is amended in the attached form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective on January 6, 2018. Additions to the rule are shown in bold and are underlined.
Deletions from the rule are shown in bold and brackets. Rule 206. Costs; Proceedings [in Forma Pauperis] 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 [subdivision] paragraph C of this rule, the prevailing party in magisterial district [judge] 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] 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 [judge] court proceeding. A defendant who prevails on [certiorari] 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 [judge] court proceeding and may recover taxable costs in that proceeding from the plaintiff. A plaintiff who is unsuccessful in the magisterial district [judge] 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 [judge] court proceeding from the plaintiff. D. This rule shall apply to all civil actions and proceedings except actions pursuant to the Protection [f]F rom Abuse Act or 42 Pa.C.S. §§ 62A01-62A20.
Note: "Execution" costs include those for executing an order for possession. The items constituting taxable costs in appeal or [certiorari] certiorari proceedings will be governed by law or general rule applicable in the court of common pleas.
Under [subdivision] paragraph B, "personal service ... costs" refers only to personal service since mail costs are to be borne by the plaintiff in all cases in accordance with Section 1725.1 of the Judicial Code, 42 Pa.C.S. § 1725.1.
This rule does not provide for the assessment of filing costs against an unsuccessful plaintiff who has been permitted to proceed [in forma pauperis] in forma pauperis and who remains indigent. See Brady v. Ford, [451 Pa. Super. 363 ,] 679 A.2d 837 (Pa. Super. [(]1996).
For special provisions governing actions pursuant to the Protection From Abuse Act, see Sections 6106(b) and (c) of the Domestic Relations Code, 23 Pa.C.S. §§ 6106(b) and (c). For special provisions governing actions seeking relief for victims of sexual violence or intimidation, see 42 Pa.C.S. §§ 62A01-62A20. E. Proceedings [In Forma Pauperis] in forma pauperis
[(i)](1) A party who is without financial resources to pay the costs of litigation shall be entitled to proceed [in forma pauperis] in forma pauperis .
[(ii)](2) Except as provided by subparagraph [(iii)](3) , the party shall file a petition and affidavit in the form prescribed by subparagraph [(vi)](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 [(iii)](3) , the [Magisterial District Judge] 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] magisterial district judge shall briefly state the reasons therefor. The unsuccessful petitioner may proceed no further so long as such costs remain unpaid.
[(iii)](3) If the party is represented by an attorney, the [Magisterial District Judge] magisterial district judge shall allow the party to proceed [in forma pauperis] in forma pauperis upon the filing of a [praecipe which] 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.
[(iv)](4) A party permitted to proceed [in forma pauperis] 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] 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] 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.
[(v)](5) If there is a monetary recovery by judgment or settlement in favor of the party permitted to proceed [in forma pauperis] in forma pauperis , the exonerated costs shall be taxed as costs and paid to the [Magisterial District Judge] magisterial district judge by the party paying the monetary recovery. In no event shall the exonerated costs be paid to the indigent party.
[(vi)](6) The petition for leave to proceed [in forma pauperis] 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] 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
[My present employer is: __________](c) Other income that I have received within the past twelve months
If you are presently employed , state
Employer: __________
Address: __________
Salary or wages per month: __________
Type of work: __________[;]
[or I am presently unemployed.]
If you are presently unemployed , state
The date of my last employment was: __________
Salary or wages per month: __________
Type of work: __________
Business or profession: __________
Other self-employment: __________
Interest: __________
Dividends: __________
Pension and annuities: __________
Social security benefits: __________
Support payments: __________
Disability payments: __________(d) Other contributions to household support
Unemployment compensation and supplemental benefits: __________
[Workman's] Workers' compensation: __________
Public assistance: __________
Other: __________
[(Wife) (Husband)] Spouse Name: __________(e) Property owned
My [(Wife) (Husband)] Spouse is employed: __________
Employer: __________
Salary or wages per month: __________
Type of work: __________
Contributions from children: __________
Contributions from parents: __________
Other contributions: __________
Cash: __________(f) Debts and obligations
Checking account: __________
Saving s account: __________
Certificates of deposit: __________
Real estate (including home): __________
Motor vehicle: Make __________, Year __________
Cost __________, Amount owed $ __________
Stocks; bonds: __________
Other: __________
Mortgage: __________(g) Persons dependent upon me for support
Rent: __________
Loans: __________
Other: __________
[(Wife) (Husband)] Spouse Name: __________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. [Sec.] § 4904, relating to unsworn falsification to authorities. Date: __________ Petitioner __________ Action by the Magisterial District Judge: __________ Date: __________ Magisterial District Judge: __________ Note: This Rule substantially follows Pa.R.C.P. No. 240. Under subparagraph E[(iv)](4) , "any costs" includes all filing, service, witness, and execution costs.
Ages of Minor Children, if any: __________
[Name: __________Age
Name: __________Age
Name: __________Age]
Other persons:
Name: __________
Relationship: __________
FINAL REPORT
The Committee's Final Report should not be confused with the Official Notes to the Rules. Also, the Supreme Court of Pennsylvania does not adopt the Committee's Official Notes or the contents of the explanatory Final Reports. --------
Recommendation 1-2017, Minor Court Rules Committee
Amendment of Pa.R.C.P.M.D.J. No. 206
PETITION TO PROCEED IN FORMA PAUPERIS
I. Introduction
The Minor Court Rules Committee ("Committee") recommended amendments to Rule 206 of the Pennsylvania Rules of Civil Procedure before Magisterial District Judges ("Rules"). The amendments eliminate the requirement that the petitioner provide the names of children for whom he or she provides support, and instead provide just the ages of such dependent children.
II. Background and Discussion
On January 6, 2017, the Supreme Court of Pennsylvania adopted the Public Access Policy: Case Records of the Appellate and Trial Courts ("Policy"), which will become effective January 6, 2018. Although the Policy does not apply to the records filed with and maintained by the magisterial district courts, the Committee recognized the important policy considerations set forth therein, particularly as the Policy relates to the confidentiality of minors' names and dates of birth. See Policy, Section 7.0A(5).
The Committee noted that Pa.R.C.P.M.D.J. No. 206E, which prescribes the content of the in forma pauperis petition, requires the disclosure of the names and ages of children dependent upon the petitioner for support. The Committee discussed this requirement in light of the new Policy, and was unable to find a compelling reason for requiring the disclosure of children's names on the petition. The Committee agreed to recommend the elimination of that requirement, and, instead, only require the listing of dependent children's ages in the petition.
III. Rule Changes
The Committee recommended deleting the reference to children's names in the body of the in forma pauperis petition. See Pa.R.C.P.M.D.J. No. 206E(vi). The Committee also recommended minor stylistic changes throughout Rule 206.