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Rule L240. In Forma Pauperis - Appointment of Counsel.
The Court desires that legal services in civil actions shall be provided to indigents and qualified persons. Upon petition filed with the Court pursuant to motions practice, the Court will assign counsel to represent indigents in civil actions where deprivation of substantial rights may occur, such as dependency actions and actions to terminate parental rights. The petition for the assignment of counsel in a civil action shall be in the form set forth on Exhibit L240 of these rules. A supply of these forms shall be maintained by the Prothonotary and the Domestic Relations Section.
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT
OF PENNSYLVANIA
_______________ COUNTY BRANCH
PETITION FOR THE APPOINTMENT OF COUNSEL
IN A CIVIL ACTION
TO THE HONORABLE____________________, THE JUDGE OF SAID COURT:
The petitioner respectfully represents and petitions the court as
follows:
1. Petitioner is ______________________________ who resides
at_____________________________________
and is the (plaintiff) (defendant) in the above entitled action.
2. Petitioner's social security number is___________
and his/her income and expense information as set forth below is complete
and true.
3.That this is an action for___________________
4. That this is a civil action which may lead to the
deprivation of substantial rights of the petitioner and thus raises due
process and equal protection questions where by the petitioner is entitled
to the assignment of counsel.
5. That the petitioner is, for financial reasons, unable to obtain
counsel to represent him/her in this action as the petitioner does not
have sufficient income or assets to hire counsel nor does petitioner have
the ability to borrow money or obtain gifts from relatives, friends, or
otherwise in order to hire counsel. Petitioner has made the following
efforts to obtain counsel:
__________________________________________________________
__________________________________________________________
6. I represent that the information below relating to my ability to pay
counsel fees is true and correct:
(a) Employment
(i) I am presently employed and state as follows:
Employer_________________________________________
Address__________________________________________________
__________________________________________________
Salary or wages per month____________________
Type of work______________________________
(ii) I am presently unemployed and state as follows:
Date of last employment________________
Salary or wages per month______________
Type of work_________________________
(b) Other income within the past twelve months
Business or profession__________________
Other self-employment_________________
Interest____________________________________
Dividends__________________________________
Pension and annuities__________________
Social security benefits_________________
Support payments received______________
Disability payments____________________
Unemployment compensation and
supplemental benefits__________________
Worker's compensation_________________
Public Assistance_____________________
Other_____________________________________
(c) Other contributions to the support of my household (wife) (husband)
(other adult living with me)_________
( ) My (wife) (husband) (or other adult) is employed, and I state:
Employer_________________________________________
Salary or wages per month___________________________
Type of work _____________________________________
Contributions from children__________________________
Contributions from parents___________________________
Other contributions_________________________________
( ) My wife, husband, or other adult is not employed.
(d) Property owned
Cash______________________________________
Checking account___________________________
Savings account_____________________________
Certificates of deposit________________________
Real estate (including home):___________________
Motor vehicle: Make__________ Year__________
Cost________________ Amt.owed_____________
Stocks; bonds______________________________
Other_____________________________________
(e) Debts and obligations:
Mortgage__________________________________
Rent______________________________________
Loans_____________________________________
Other_____________________________________
__________________________________________
(f) Persons dependent upon me for support
(Wife) (husband) Name_____________________________________
Children, if any
Name Age
____________________________ __________
____________________________ __________
____________________________ __________
____________________________ _________
Other persons:
Name_____________________________________
Relationship________________________________
7. Petitioner (is) (is not) receiving Public Assistance.
8. I agree that I have a continuing obligation to inform the Court and
my court appointed counsel of any improvement in my financial
circumstances which then may enable me to pay attorney's fees.
WHEREFORE, petitioner respectfully requests that this court appoint and
assign counsel to represent him/her in this action.
___________________________________
(Print Name)
VERIFICATION
I, ____________________________, verify that the statements made in this
petition are true and correct to the best of my knowledge, information and
belief. I understand that false statements made herein are subject to the
penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to
authorities.
________________________________
(Sign Name)
ORDER
AND NOW, this _______day of ______________, _____ upon consideration of
the within petition the Court believing, based upon the representation and
sworn statements of the petitioner, that the petitioner is indigent; and
the Court further believing that this action affects "substantial rights"
of the petitioner raising due process and equal protection questions, the
court concludes that the petitioner has a right to the assignment of
counsel to represent him/her in this action.
Accordingly, _______________________, Esq., is hereby appointed to
represent the petitioner in this action until the petitioner in
financially able to obtain counsel to represent him/her in this matter.
In the latter event, counsel appointed to represent the petitioner shall
continue to represent the petitioner either pursuant to an agreement
between counsel and the petitioner regarding the payment of fees and costs
or, in lieu thereof, counsel or the petitioner may file a motion or
petition with this Court to determine the petitioner's ability to pay
counsel fees and the terms and conditions thereof.
BY THE COURT
_____________________________