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]From 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.

                                              2
     [(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: __________________________________________]
       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: _____________________________________________________

(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: _________________________________________________

                                             3
      Disability payments: ________________________________________________
      Unemployment compensation and supplemental benefits: __________________
      [Workman's] Workers’ compensation: ________________________________
      Public assistance: _________________________________________________
      Other: ___________________________________________________________

(d)   Other contributions to household support
      [(Wife) (Husband)] Spouse Name: ___________________________________
      My [(Wife) (Husband)] 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
      [(Wife) (Husband)] Spouse Name: ___________________________________
      Ages of Minor Children, if any: _______________________________________
      [Name: _____________________________________________Age
      Name: _____________________________________________Age
      Name: _____________________________________________Age]
      Other persons:
      Name: __________________________________________________________
      Relationship: _____________________________________________________


                                      4
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.




                                          5
