THE COURTS

SOMERSET COUNTY

Consolidated Rules of Court; No. 77 Misc. 2002

[33 Pa.B. 341]

Adopting Order

   And Now, this 27th day of December, 2002, it is hereby Ordered:

   1.  The following Somerset County Rules of Civil Procedure (Som.R.C.P.), copies of which are as follows, are adopted, effective thirty (30) days after publication in the Pennsylvania Bulletin:

   Som.R.C.P. 3103. Attachment Of Personal Earnings To Satisfy Judgment Damages Awarded To A Judgment Creditor-Landlord.

   Som.R.C.P. 3252. Form Of Writ Of Execution-Attachment Of Personal Earnings To Satisfy Judgment For Damages Awarded To A Judgment Creditor-Landlord.

   2.  The Somerset County Court Administrator is directed to:

   A.  File seven (7) certified copies of this Order and the attached Rules with the Administrative Office of Pennsylvania Courts.

   B.  Distribute two (2) certified copies of this Order and the following Rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   C.  File one (1) certified copy of this Order and the following Rules with the Pennsylvania Civil Procedural Rules Committee.

   D.  File proof of compliance with this Order in the docket for these Rules, which shall include a copy of each transmittal letter.

By the Court

EUGENE E. FIKE, II,   
President Judge

Som. R.C.P. 3103. Attachment Of Personal Earnings To Satisfy Judgment For Damages Awarded To A Judgment Creditor-Landlord.

   A.  To execute on a judgment by means of attachment of personal earnings of a judgment debtor-tenant, to recover damages awarded to a landlord on a residential lease, the judgment creditor-landlord shall file in the Prothonotary's Office a praecipe for writ of execution in substantially the form specified in applicable Pennsylvania Rules of Civil Procedure.

   B.  The judgment creditor-landlord shall attach to the praecipe a signed statement certifying:

   1.  The amount of damages awarded to the judgment creditor-landlord, and the amount subject to attachment.

   2.  That the damages arose out of a residential lease upon which a court has rendered final judgment.

   3.  That forfeited security deposits, if any, have been deducted as required by § 8127 of the Judicial Code, 42 Pa.C.S.A. § 8127, or that, if not deducted, the security deposit has been applied to payment of rent due on the subject premises.

   C.  Upon presentation of the praecipe with attached statement as required by subparagraph B. of this Rule, a writ of execution-attachment shall issue, in substantially the form specified in Som.R.C.P. 3252. The writ of execution-attachment shall have attached a copy of § 8127 of the Judicial Code, 42 Pa.C.S.A. § 8127.

   D.  The judgment creditor-landlord shall be responsible for effecting service of the writ of execution-attachment through the Sheriff's Office. The writ of execution-attachment shall have attached a copy of § 8127 of the Judicial Code, 42 Pa.C.S.A. § 8127.

Som.R.C.P. 3252. Form Of Writ Of Execution-Attachment Of Personal Earnings To Satisfy Judgment For Damages Awarded To A Judgment Creditor-Landlord.

(Caption)

WRIT OF EXECUTION--ATTACHMENT

NOTICE

   This paper is a writ of execution--attachment. It has been issued because there is a judgment against you. It may cause your personal earnings, including wages, to be taken to pay the judgment. You may have legal rights to prevent your earnings from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly.

   The law provides that earnings, including wages, cannot be taken under certain circumstances. There are exemptions which may be applicable to you.

   If you believe your earnings should be exempt, you should do the following promptly: (1) Fill out the attached claim form and demand for a prompt hearing. (2) Deliver the form or mail it to the Sheriff's Office at the address noted.

   You should come to court ready to explain your exemption. If you do not come to court and prove your exemption, a portion of your earnings will be attached, deducted and paid toward satisfaction of the judgment.

   YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

Southwestern Pennsylvania Legal Services, Inc.
132 East Catherine Street
Somerset, PA 15501
(814) 443-4615

WRIT OF EXECUTION--ATTACHMENT

COMMONWEALTH OF PENNSYLVANIA	)
	)	ss:
COUNTY OF SOMERSET	)
TO THE SHERIFF OF SOMERSET COUNTY:

   To satisfy the judgment, interest, and costs against _________________ , defendant, you are directed to attach the personal earnings, including wages, of the defendant, due or to become due from the defendant's employer, _________________ (Name of Employer-Garnishee) as garnishee, and to notify the employer-garnishee that the employer-garnishee is required to deduct from the defendant's personal earnings, including wages, and pay over to the Prothonotary's Office, a sum which shall be no more than ten (10%) percent of the net wages per pay period of the defendant or a sum not to place the defendant's net income below the poverty income guidelines as provided annually by the Federal Office of Management and Budget, whichever is less, as provided for, and subject to the restrictions contained in, § 8127 of the Judicial Code, 42 Pa.C.S.A. § 8127, copy of which is attached. Deduction shall continue until the amount of the judgment is satisfied.

AMOUNT DUE $ ______

_________________
(Name of Prothonotary or Clerk)

Seal of the Court:

By _________________
   (Prothonotary or Deputy)

(Caption)

CLAIM FOR EXEMPTION

TO THE SHERIFF OF SOMERSET COUNTY:

   I, the above named defendant, claim exemption of personal earnings, including wages, from attachment for the following reasons (specify amount and basis of claim of exemption):
__________
__________
__________
__________

   I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at:  __________

__________
(Address and Telephone Number)

   I verify that the statements made in this claim for exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

_________________
(Date)

_________________
(Defendant)

   THIS CLAIM IS TO BE FILED WITH THE OFFICE OF THE SHERIFF OF SOMERSET COUNTY:

127 East Fairview Street
Somerset, PA 15501
(814) 445-1500

[Pa.B. Doc. No. 03-83. Filed for public inspection January 17, 2003, 9:00 a.m.]

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