Thompson v. Thompson – Pa. Super. –
May 8, 2018 – published opinion
Held: Denial of IFP petition reversed, where party’s
counsel filed praecipe under Pa. R.C.P. 240(d)(1).
When
a counseled praecipe to proceed in forma pauperis is filed, the granting of
such status is administrative. “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.” Pa.R.C.P. 240(d)(1). If the trial court does not believe the
averments in a praecipe to proceed in forma pauperis, the court is required to
hold a hearing to determine the veracity of the allegations contained in the
praecipe. Crosby Square Apartments v. Henson, 666 A.2d 737, 738 (Pa. Super.
1995) (citation omitted).
