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42 Pa. Cons. Stat. § 6602

 Prisoner filing fees.

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§ 6602.  Prisoner filing fees.

(a)  Prisoner filing requirements.--

(1)  A prisoner seeking to bring prison conditions litigation without the prepayment of fees or security due to indigency must submit a request to the court to proceed without the prepayment of fees. The request must include a certified copy of the prisoner's prison account statement, which shall be provided by the prison, for the six-month period immediately preceding the filing of the complaint or notice of appeal. The request shall include a statement of any other assets of the prisoner.

(2)  The court shall deny in forma pauperis status to any prisoner where:

(i)  the request is not accompanied by a certified copy as provided in paragraph (1);

(ii)  the average monthly deposits or average highest monthly balance for the six-month period preceding the filing of the action exceeds the amount of the filing fee; or

(iii)  other grounds exist for the denial of in forma pauperis status pursuant to the Pennsylvania Rules of Civil Procedure.

(b)  Partial filing fees.--

(1)  The court may grant in forma pauperis status to excuse the prisoner from paying the full filing fee prior to the initiation of the action or appeal. Where in forma pauperis status is granted, the court shall order the prisoner to pay the full amount of the filing fee and shall assess and, when funds exist, collect a full or partial payment of the filing fee which shall be the greater of the following:

(i)  The average monthly deposits to the prisoner's account.

(ii)  The average highest monthly balance in the prisoner's account for the six-month period immediately preceding the filing of the complaint or notice of appeal requiring the payment of a fee.

(2)  The court shall send a copy of the assessment order to the prisoner, the parties to the action and the prison having custody of the prisoner. The court may also direct upon condition of maintaining the action that the prisoner make a written request to the prison officials to deduct payments required by the court.

(3)  The court may modify the assessment order for cause.

(c)  Payment of filing fees.--Following payment of an initial partial filing fee, the prisoner shall make monthly payments of 20% of the preceding month's income credited to the prisoner's account. The prison having custody of the prisoner shall deduct payments from the prisoner's account when the prisoner's account balance exceeds $10 until the filing fees are paid in full. The prison shall forward to the prothonotary the deducted payments upon deduction, on a monthly basis, or upon complete payment of the full filing fee if the court so directs. The Department of Corrections and county prison systems shall develop written guidelines regarding the priority of payment, which shall be consistent with law.

(d)  Implementation of filing fee assessments.--

(1)  A prisoner shall not be prohibited from filing prison conditions litigation because the prisoner has no assets or other means to pay the filing fee. This paragraph shall not prevent the court from dismissing or otherwise disposing of prison conditions litigation pursuant to this chapter or any other provision of law.

(2)  No sooner than 60 days after notice of the denial in forma pauperis status or the assessment of partial filing fees, the prothonotary shall enter a judgment of non pros in the action or strike the appeal if the fees remain unpaid. The action or appeal may be reinstated by the court for good cause shown.

(e)  Dismissal of litigation.--Notwithstanding any filing fee which has been paid, the court shall dismiss prison conditions litigation at any time, including prior to service on the defendant, if the court determines any of the following:

(1)  The allegation of indigency is untrue.

(2)  The prison conditions litigation is frivolous or malicious or fails to state a claim upon which relief may be granted or the defendant is entitled to assert a valid affirmative defense, including immunity, which, if asserted, would preclude the relief.

The court may reinstate the prison conditions litigation where the dismissal is based upon an untrue allegation of indigency and the prisoner establishes to the satisfaction of the court that the untrue information was not known to the prisoner.

(f)  Abusive litigation.--If the prisoner has previously filed prison conditions litigation and:

(1)  three or more of these prior civil actions have been dismissed pursuant to subsection (e)(2); or

(2)  the prisoner has previously filed prison conditions litigation against a person named as a defendant in the instant action or a person serving in the same official capacity as a named defendant and a court made a finding that the prior action was filed in bad faith or that the prisoner knowingly presented false evidence or testimony at a hearing or trial;

the court may dismiss the action. The court shall not, however, dismiss a request for preliminary injunctive relief or a temporary restraining order which makes a credible allegation that the prisoner is in imminent danger of serious bodily injury.

 

Cross References.  Section 6602 is referred to in section 9728 of this title.

Notes of Decisions
Cited in 138 cases (45 in the last 5 years), 2002–2026 · leading case: Payne v. Commonwealth Department of Corrections
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Payne v. Commonwealth Department of Corrections (2002) pacommwct · cites it 22× “Payne, Paul Nolder, Frank Grazulis, Charles Lee, Richard Guy and all others similarly situated (Petitioners) are entitled to judgment as a matter of law as to their allegations regarding Sections 6602(a) through (c) of the Judicial Code, 42 Pa.C.S. §§ 6602(a)—(c), [1] requiring…”
Lopez v. Haywood (2012) pacommwct · cites it 10× “For example, Section 6602(a) of the PLRA, 42 Pa.C.S. § 6602(a), provides, inter alia, that a prisoner seeking to engage in prison conditions litigation without the payment of fees, i.”
M.A. Robinson v. Officer Fye (2018) pacommwct · cites it 6× “Pursuant to Section 6602(e) of the Prison Litigation Reform Act (PLRA), 42 Pa. C.S. § 6602(e), 2 common pleas dismissed Robinson's causes of action on the grounds that they were barred by the doctrines of res judicata and collateral estoppel.”
Payne v. Commonwealth Department of Corrections (2005) pa · cites it 5× “42 Pa.C.S. § 6602(a). Subsection (b) provides that, when informa pauperis status is granted, the prisoner must nevertheless pay a full or partial filing fee, calculated on the basis of average monthly deposits or average monthly balance, when such funds exist.”
Brown v. Levy (2013) pa · cites it 6× “Brown I, at 364-65 (citing 42 Pa. C.S. § 6602(f)). The trial court granted the motion.”
McCool v. Department of Corrections (2009) pacommwct · cites it 6× “42 Pa.C.S. § 6602(e)(2). Accordingly, the trial court did not have to address McCool’s preliminary objections or other motions before dismissing his complaint.”
Brown v. Pa. Dept. of Corrections (2012) pacommwct · cites it 5× “” 42 Pa.C.S. § 6602(e)(2). For purposes of the Pennsylvania PLRA, Brown has a prolific history of filing frivolous and abusive pro se lawsuits concerning the conditions of his confinement.”
Brown v. Beard (2010) pacommwct · cites it 5× “” 42 Pa.C.S. § 6602(e)(2).) ] ... the court may dismiss the action.”
F. Minor v. Sgt. D. Kraynak (2017) pacommwct · cites it 2× “the defendant is entitled to assert a valid affirmative defense, including immunity, which, if asserted, would preclude the relief,’ 42 Pa. C.S. § 6602(e)(2),” 6 and because Minor did not file preliminary objections to Defendants’ POs.”
Commonwealth, Aplt. v. Olivo, J. (2015) pa · cites it 4× “We deliberated on the constitutionality of 42 Pa.C.S. § 6602(e), providing for a court to dismiss prison condition litigation if an allegation of indigency was untrue or if the litigation was frivolous or malicious.”
Brown v. James (2003) pacommwct · cites it 4× “Section 6602(e) of the Code, 42 Pa.C.S. § 6602(e), provides in pertinent part: Dismissal of litigation.”
G. Watkins v. PA DOC, Secretary, John Wetzel, Superintendent Robert Gilmore (2018) pacommwct · cites it 2× “" 42 Pa. C.S. § 6602(e)(2). Plaintiff's complaint constitutes "prison conditions litigation" under the PLRA, as it seeks damages for the actions of government parties that affected him as a prison inmate.”
Show all 138 citing cases →
— 42 Pa. Cons. Stat. § 6602(1) — 1 case
Bussinger v. Dyne (2013) pacommwct
— 42 Pa. Cons. Stat. § 6602(3)(2) — 1 case
C. Jordan v. PA DOC (2025) pacommwct
— 42 Pa. Cons. Stat. § 6602(a) — 4 cases
Payne v. Commonwealth Department of Corrections (2002) pacommwct “Payne, Paul Nolder, Frank Grazulis, Charles Lee, Richard Guy and all others similarly situated (Petitioners) are entitled to judgment as a matter of law as to their allegations regarding Sections 6602(a) through (c) of the Judicial Code, 42 Pa.C.S. §§ 6602(a)—(c), [1] requiring…”
Payne v. Commonwealth Department of Corrections (2005) pa “42 Pa.C.S. § 6602(a). Subsection (b) provides that, when informa pauperis status is granted, the prisoner must nevertheless pay a full or partial filing fee, calculated on the basis of average monthly deposits or average monthly balance, when such funds exist.”
Lopez v. Haywood (2012) pacommwct “For example, Section 6602(a) of the PLRA, 42 Pa.C.S. § 6602(a), provides, inter alia, that a prisoner seeking to engage in prison conditions litigation without the payment of fees, i.”
Grant v. Blaine (2006) pacommwct
— 42 Pa. Cons. Stat. § 6602(a)(1) — 1 case
Grant v. Blaine (2005) pa
— 42 Pa. Cons. Stat. § 6602(a)(2) — 1 case
Lopez v. Haywood (2012) pacommwct “For example, Section 6602(a) of the PLRA, 42 Pa.C.S. § 6602(a), provides, inter alia, that a prisoner seeking to engage in prison conditions litigation without the payment of fees, i.”
— 42 Pa. Cons. Stat. § 6602(a)(2)(h) — 1 case
Grant v. Blaine (2006) pacommwct
— 42 Pa. Cons. Stat. § 6602(a)(2)(ii) — 1 case
Grant v. Blaine (2005) pa
— 42 Pa. Cons. Stat. § 6602(a)(2)(iii) — 1 case
J.M. Hickox v. Captain Troyan (2025) pacommwct
— 42 Pa. Cons. Stat. § 6602(b) — 1 case
H. Staple v. Supt. Garmon (2020) pacommwct
— 42 Pa. Cons. Stat. § 6602(b)(1) — 1 case
Payne v. Commonwealth Department of Corrections (2002) pacommwct “Payne, Paul Nolder, Frank Grazulis, Charles Lee, Richard Guy and all others similarly situated (Petitioners) are entitled to judgment as a matter of law as to their allegations regarding Sections 6602(a) through (c) of the Judicial Code, 42 Pa.C.S. §§ 6602(a)—(c), [1] requiring…”
— 42 Pa. Cons. Stat. § 6602(c) — 6 cases
Payne v. Commonwealth Department of Corrections (2002) pacommwct “Payne, Paul Nolder, Frank Grazulis, Charles Lee, Richard Guy and all others similarly situated (Petitioners) are entitled to judgment as a matter of law as to their allegations regarding Sections 6602(a) through (c) of the Judicial Code, 42 Pa.C.S. §§ 6602(a)—(c), [1] requiring…”
B. Sherwood v. PA DOC (2021) pacommwct
A. Johnson v. J. Wetzel, Secretary PA DOC (2021) pacommwct
K. Brown, Jr. v. PA DOC (2021) pacommwct
P.J. Begnoche, Sr. v. J. Molner, Business Mgr. DOC/SCI-Mercer (2025) pacommwct
— 42 Pa. Cons. Stat. § 6602(d)(2) — 1 case
H. Staple v. M. Miller (2020) pacommwct
— 42 Pa. Cons. Stat. § 6602(e) — 36 cases
Payne v. Commonwealth Department of Corrections (2005) pa “42 Pa.C.S. § 6602(a). Subsection (b) provides that, when informa pauperis status is granted, the prisoner must nevertheless pay a full or partial filing fee, calculated on the basis of average monthly deposits or average monthly balance, when such funds exist.”
M.A. Robinson v. Officer Fye (2018) pacommwct “Pursuant to Section 6602(e) of the Prison Litigation Reform Act (PLRA), 42 Pa. C.S. § 6602(e), 2 common pleas dismissed Robinson's causes of action on the grounds that they were barred by the doctrines of res judicata and collateral estoppel.”
Payne v. Commonwealth Department of Corrections (2002) pacommwct “Payne, Paul Nolder, Frank Grazulis, Charles Lee, Richard Guy and all others similarly situated (Petitioners) are entitled to judgment as a matter of law as to their allegations regarding Sections 6602(a) through (c) of the Judicial Code, 42 Pa.C.S. §§ 6602(a)—(c), [1] requiring…”
Commonwealth, Aplt. v. Olivo, J. (2015) pa “We deliberated on the constitutionality of 42 Pa.C.S. § 6602(e), providing for a court to dismiss prison condition litigation if an allegation of indigency was untrue or if the litigation was frivolous or malicious.”
Miles v. Wiser (2004) pacommwct
— 42 Pa. Cons. Stat. § 6602(e)(1) — 2 cases
W.B. Cummings v. J. Brunst (2024) pacommwct
A.P. Pew v. J. or J. Doe (2025) pacommwct
— 42 Pa. Cons. Stat. § 6602(e)(2) — 69 cases
F. Minor v. Sgt. D. Kraynak (2017) pacommwct “the defendant is entitled to assert a valid affirmative defense, including immunity, which, if asserted, would preclude the relief,’ 42 Pa. C.S. § 6602(e)(2),” 6 and because Minor did not file preliminary objections to Defendants’ POs.”
M.A. Robinson v. Officer Fye (2018) pacommwct “Pursuant to Section 6602(e) of the Prison Litigation Reform Act (PLRA), 42 Pa. C.S. § 6602(e), 2 common pleas dismissed Robinson's causes of action on the grounds that they were barred by the doctrines of res judicata and collateral estoppel.”
G. Watkins v. PA DOC, Secretary, John Wetzel, Superintendent Robert Gilmore (2018) pacommwct “" 42 Pa. C.S. § 6602(e)(2). Plaintiff's complaint constitutes "prison conditions litigation" under the PLRA, as it seeks damages for the actions of government parties that affected him as a prison inmate.”
McCool v. Department of Corrections (2009) pacommwct “42 Pa.C.S. § 6602(e)(2). Accordingly, the trial court did not have to address McCool’s preliminary objections or other motions before dismissing his complaint.”
Miles v. Beard (2004) pacommwct
— 42 Pa. Cons. Stat. § 6602(f) — 59 cases
Brown v. Levy (2013) pa “Brown I, at 364-65 (citing 42 Pa. C.S. § 6602(f)). The trial court granted the motion.”
Lopez v. Haywood (2012) pacommwct “For example, Section 6602(a) of the PLRA, 42 Pa.C.S. § 6602(a), provides, inter alia, that a prisoner seeking to engage in prison conditions litigation without the payment of fees, i.”
Brown v. Beard (2010) pacommwct “” 42 Pa.C.S. § 6602(e)(2).) ] ... the court may dismiss the action.”
Jae v. Good (2008) pacommwct
Payne v. Commonwealth Department of Corrections (2002) pacommwct “Payne, Paul Nolder, Frank Grazulis, Charles Lee, Richard Guy and all others similarly situated (Petitioners) are entitled to judgment as a matter of law as to their allegations regarding Sections 6602(a) through (c) of the Judicial Code, 42 Pa.C.S. §§ 6602(a)—(c), [1] requiring…”
— 42 Pa. Cons. Stat. § 6602(f)(1) — 23 cases
Brown v. Pa. Dept. of Corrections (2012) pacommwct “” 42 Pa.C.S. § 6602(e)(2). For purposes of the Pennsylvania PLRA, Brown has a prolific history of filing frivolous and abusive pro se lawsuits concerning the conditions of his confinement.”
Brown v. James (2003) pacommwct “Section 6602(e) of the Code, 42 Pa.C.S. § 6602(e), provides in pertinent part: Dismissal of litigation.”
Smolsky v. Pennsylvania General Assembly (2011) pacommwct
McCool v. Department of Corrections (2009) pacommwct “42 Pa.C.S. § 6602(e)(2). Accordingly, the trial court did not have to address McCool’s preliminary objections or other motions before dismissing his complaint.”
Pew v. Mechling (2007) pacommwct
— 42 Pa. Cons. Stat. § 6602(f)(2) — 6 cases
Pew v. Mechling (2007) pacommwct
Bailey v. Miller (2008) pacommwct
A. Brown v. J. Wetzel (2016) pacommwct
E. Myrick v. R. Torres (2017) pacommwct
L. Bullock v. PA DOC and The Medlin Training Institute (2017) pacommwct
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