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PA Bulletin, Doc. No. 04-2227

THE COURTS

NORTHAMPTON COUNTY

Administrative Order 2004-5--Order of Attachment of Income to Satisfy Landlord-Tenant Judgment Under Residual Lease-Form

[34 Pa.B. 6648]

Order Of Court

   And Now, this 29th day of November, 2004, the attached amended rule, N3155, is hereby adopted. The effective date of the rule is January 3, 2005.

By the Court:

ROBERT A. FREEDBERG,   
President Judge

Rule N3155. Order of Attachment of Income to Satisfy Landlord-Tenant Judgment Under Residential Lease-Form

To: (employer)

   Pursuant to the laws of the Commonwealth of Pennsylvania the net wages of ______ , defendant/tenant, ______ (payroll or other identification number, if applicable), of ______ (address), is hereby attached to the following extent.

   You are directed to pay to the Prothonotary of the Court of Common Pleas of Northampton County 10% of the net wages due the defendant/tenant. The attachment payment must be sent to the Protho- notary within fifteen (15) days of the date the defendant/tenant is paid. Checks should be made payable to: __________(Insert name of Judgment Creditor)

   The order of attachment for damages arising out of a residential lease is binding upon you until further notice and shall have priority over any attachment, execution, garnishment or wage attachment under state or local law except one relating to a support order or a prior attachment for damages arising out of a residential lease. You must commence the attachment of the defendant/tenant's income as soon as possible but no later than fourteen (14) days from the date of the issuance of this order of attachment.

   You are notified further that pursuant to law:

   1.  The defendant/tenant has been notified that an order of attachment would be issued.

   2.  Willful failure to comply with this order may result in (i) your being adjudged in contempt of court with appropriate sanctions; (ii) your being held liable for any amount not withheld or withheld but not forwarded to the Prothonotary; and (iii) attachment of your funds or property.

   3.  The attachment of income or the possibility thereof as a basis, in whole or in part, for the discharge of an employee or any disciplinary action against or demotion of an employee is prohibited. Violation may result in (i) your being adjudged in contempt with appropriate sanctions; and (ii) an action against you by the employee for damages.

   4.  You must notify the Prothonotary when the defendant/tenant terminates employment and provide the Prothonotary with the employee's last known address and the name and address of the new employer, if known.

   5.  The maximum amount of the attachment shall not exceed 10% of the employee's net wages per pay period. The total amount of wages attached pursuant to this order shall not exceed ______ .

   6.  For the purposes of this order, ''net wages'' means all wages paid less only the following items:

(i)  Federal, State, and local income taxes;
(ii)  F.I.C.A. payments and nonvoluntary retirement pay      ments;
(iii)  Union dues; and
(iv)  Health insurance premiums.

Date of Order: ______
 

                           BY THE COURT,

                           ______
                           J.

[Pa.B. Doc. No. 04-2227. Filed for public inspection December 17, 2004, 9:00 a.m.]


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