THE COURTS

Title 255--LOCAL COURT RULES

BEAVER COUNTY

Local Rules of Civil Procedure; No. 10130 of 2001

[33 Pa.B. 2977]

Order

   Beaver County Local Rules of Civil Procedure are amended to add New Rules L3101, L3101.1, and L3101.2 as follows.

   This order and New Rules 3101, 3101.1 and 3101.2 shall be effective thirty days after publication in the Pennsylvania Bulletin. The Court Administrator of Beaver County shall submit seven certified copies of this order and the attachments to the Administrative Office of Pennsylvania Courts, two certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one certified copy to the Civil Procedural Rules Committee of the Pennsylvania Supreme Court and one copy to the Prothonotary of Beaver County to be kept for public inspection and copying.

By the Court

ROBERT E. KUNSELMAN,   
President Judge

Rule L3101--Landlord Tenant Related Wage Attachments

   (1)  Landlord Tenant wage attachments permitted under 42 Pa.C.S. § 8127 shall be initiated with the Prothonotary only by filing a Praecipe for Writ of Execution Naming Judgment Debtor's Employer as Garnishee in a form approved and adopted hereunder.

   (2)  A Praecipe for a Writ of Execution Naming Judgment Debtor's Employer as Garnishee filed hereunder shall conform strictly to the form contained in Rule L3101.1. Such Praecipes shall contain (a) the name and last known address of the defendant whose wages are to be attached, (b) the name and address of the employer who is to receive the wage attachment, and (c) the name, address, and phone number of the plaintiff. The Prothonotary shall not accept for filing any Praecipe for a Writ of Execution Naming Judgment Debtor's Employer as Garnishee that deviates from the form approved and adopted hereunder or which fails to set forth the information required therein.

   (3)  When filing a Praecipe under this rule, the filer will present the Prothonotary with a self-addressed and stamped envelope for returning the a Writ of Execution Naming Judgment Debtor's Employer as Garnishee to the filer.

   (4)  A Praecipe for a Writ of Execution Naming Judgment Debtor's Employer as Garnishee filed with the Prothonotary hereunder shall be accompanied by a certified copy of the Transcript of the Judgment entered by the District Justice or a certified copy of the Judgment entered by Court of Common Pleas or equivalent court of another jurisdiction. No such Praecipe shall be presented to or be accepted by the Prothonotary until the Judgment is final by operation of law or otherwise.

   (5)  Writs of Execution Naming Judgment Debtor's Employer as Garnishee issued by the Prothonotary hereunder shall conform strictly to the form set forth in Rule L3244.2.

   (6)  Service of Writs of Execution Naming Judgment Debtor's Employer as Garnishee shall be made by the Sheriff in accordance with Pa.R.C.P. Rule 3108 or any Rule or Rules of Civil Procedure that are promulgated to replace Rule 3108.

Rule L3101.1--Landlord Tenant Related Wage Attachments--Form of Praecipe

   The Praecipe for Writ of Execution Naming Judgment Debtor's Employer as Garnishee to be issued pursuant to Rule L3101 shall conform strictly to the following form or such other form as may be promulgated by the Supreme Court of Pennsylvania:

CAPTION

PRAECIPE FOR WRIT OF EXECUTION NAMING JUDGMENT DEBTOR'S EMPLOYER AS GARNISHEE--LANDLORD TENANT MATTER
42 Pa.C.S. § 8127--RESIDENTIAL LEASE

   To the Prothonotary of Beaver County:

   Issue a Writ of Execution Naming the Judgment Debtor's Employer as Garnishee to attach the wages of the Defendant, ______ , who resides at ______ . Direct the Writ to Defendant's employer, ______ , at ______ in the total amount of $ _____ ; this claimed amount arises out of physical damages and/or rent due for a residential lease between the Plaintiff and the Defendant for that leasehold premises located at ______ . I certify that the judgment in this case upon which this Praecipe relies is final and has not been appealed. Documentary proof of the said final judgment is attached hereto. I further certify that the requested wage attachment is only to recover for physical damages to a residential leasehold and/or rent due on a residential lease.

Dated: ______                     Respectfully Submitted,

 

__________

__________

__________
(Name, address, & phone number)

Rule L3101.2--Landlord Tenant Related Wage Attachments--Form of Writ

   The Writ of Execution Naming Judgment Debtor's Employer as Garnishee issued pursuant to Rule L3101 shall conform strictly to the following form or such other form as may be promulgated by the Supreme Court of Pennsylvania:

CAPTION

WRIT OF EXECUTION NAMING JUDGMENT DEBTOR'S EMPLOYER AS GARNISHEE LANDLORD TENANT--42 Pa.C.S. § 8127--RESIDENTIAL LEASE

To: __________
         Name and Address of Employer

 

Re: __________
         Name of Employee

   The above Employer shall attach and deduct from the wages of the above named Employee a sum not to exceed ten (10%) percent of the net wages per pay period of said Employee or a sum not to place Employee's net income below the poverty income guidelines as provided annually by the Federal Office of Management and Budget, whichever is less. ''Net wages'' shall mean all wages paid the Employee less only the following items:

   (1)  Federal, state and local income taxes;

   (2)  F.I.C.A. payments and non-voluntary retirement payments;

   (3)  Union dues; and;

   (4)  Health insurance premiums

   The Total amount of income to be withheld is $ ____ .

   The Employer shall send the attached wages to the Prothonotary, Beaver County Court House, Third Street, Beaver, Pennsylvania, 15009 by check payable to (Name of Plaintiff), Plaintiff-Creditor, within fifteen (15) days from the close of the last pay period in each month. The Employer shall be entitled to deduct from the wages collected from the Employee pursuant hereto the costs incurred from the extra bookkeeping necessary to implement the within Writ of Attachment, not exceeding $5.00 of the amount of wages so deducted. If you, the Employer, are served with more than one Writ of Attachment for damages arising out of a residential lease against the same Employee, then the wage attachments shall be satisfied in the order in which said Writs of Attachment were served. Each prior wage attachment shall be satisfied before any effect is given to a subsequent attachment.

   You shall not take any adverse action against the Employee solely because his wages, salaries or commissions have been attached. Violation may result in (i) your being adjudged in contempt and committed to jail or fined by the court and (ii) an action against you by the Employee for damages.

   Willful failure to comply with this Writ of Attachment may result in (i) your being adjudged in contempt of court and committed to jail or fined by the court; (ii) your being held liable for any amount not withheld or withheld but not forwarded to the Prothonotary's office; and (iii) attachment of your funds or property.

   This Writ of Attachment has been entered pursuant to 42 Pa.C.S.A. Section 8127. A copy of this Writ of Attachment has been sent by the United States mail, postage prepaid, to the Employee's last known address at ______.

 

______
Prothonotary
______
Deputy Prothonotary

   PLEASE DIRECT ALL INQUIRIES TO: BEAVER COUNTY PROTHONOTARY'S OFFICE, THIRD STREET, BEAVER, PA 15009--724-728-5700 EXT. 11261

 

SEAL                           DATE: __________

[Pa.B. Doc. No. 03-1247. Filed for public inspection June 27, 2003, 9:00 a.m.]

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