Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter F - ATTACHMENT OF WAGES, SALARY AND COMMISSIONS UNDER SECTION 8127 (A)(3.1) OF THE JUDICIAL CODE › FORMS › Rule 3311 - Praecipe for Notice of Intent to Attach Wages. Form

Current through Register Vol. 54, No. 28, July 13, 2024
The Praecipe for Notice of Intent to Attach Wages shall
						be substantially in the following form:
(Caption)
Praecipe for Notice of Intent to Attach
						Wages
To the Prothonotary:
Issue a Notice of Intent to Attach Wages in the above
						matter
(1) against ____________ , defendant,
(2) against ____________ , employer of the
								defendant.
Date: ___
____________
Attorney for Judgment Creditor-Landlord or
Judgment Creditor-Landlord if unrepresented
____________
Address
____________
Telephone number
Certification by Judgment
								Creditor-Landlord
I certify that
1. The plaintiff judgment-creditor is
____________
Name
____________
Address
2. The defendant judgment-debtor is
____________
Name
____________
Address
3. The employer garnishee is
____________
Name
____________
Address
4. The judgment arises out of a
								residential lease for the premises at ____________ (address).
5. (a) The amount of the judgment is $
								____________ .
(b) A security deposit in the amount
								of $ ___ is being held by the judgment creditor-landlord. This security deposit
								___ has been applied ___ has not been applied to payment of rent due on the
								same premises for which the judgment has been entered. (Any security deposit
								that has not already been applied to rent will be deducted by the Prothonotary
								from the amount of the judgment in determining the amount to be attached.)
(c) The amount of $ ___ has been paid
								toward satisfaction of the judgment. (Do not include the security deposit.)
6. This praecipe is filed within five
								years of the date of the original judgment upon which execution is sought.
7. The judgment was entered (check
								one): ___ in a civil action commenced in the court of common pleas. ___ in an
								action brought before a magisterial district judge. ___ in an action commenced
								in the Philadelphia Municipal Court.
8. Check the appropriate paragraph and
								attach the required documents:
___ (a) If the judgment was entered in
								a civil action (Pa.R.C.P.M.D.J. 301 et seq.) before a magisterial district
								judge, a copy of the complaint filed with the magisterial district judge is
								attached to this Notice, showing that the action arose from a residential
								lease.
___ (b) If the judgment was entered in
								an action for the recovery of possession of real property (Pa.R.C.P.M.D.J. 501
								et seq.) before a magisterial district judge, copies of the appropriate
								magisterial district judge records are attached showing that the action arose
								from a residential lease and that the defendant appeared or filed papers in the
								action or that the complaint was served by handing a copy to the
								defendant.
___ (c) If the judgment was entered in
								an action in the Philadelphia Municipal Court in which the defendant was served
								pursuant to Phila.M.C.R.Civ.P. No. 111(A) or (C), a copy of the complaint filed
								with the Philadelphia Municipal Court is attached to this Notice, showing that
								the action arose from a residential lease.
___ (d) If the judgment was entered in
								an action in the Philadelphia Municipal Court in which the defendant was served
								pursuant to Phila.M.C.R.Civ.P. No. 111(B), copies of the appropriate
								Philadelphia Municipal Court records are attached showing that the action arose
								from a residential lease and that the defendant appeared or filed papers in the
								action.
I certify that the statements made in
								this Certification 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: ___
____________
Judgment Creditor-Landlord