Friday, July 27, 2018

IFP


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).


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