RULE N3154. ATTACHMENT OF INCOME TO SATISFY LANDLORD TENANT
JUDGMENT UNDER RESIDENTIAL LEASE
(a) After obtaining a final judgment for damages arising under a residential lease, the judgment creditor/landlord may petition the Court to attach the debtor/tenant’s income to satisfy that portion of the judgment representing damages for abuse of the physical makeup of the leased premises.
(b) The petition procedure utilized by the judgment creditor/landlord shall be in compliance with Pennsylvania Rules of Civil Procedure 206.1 206.7 and Northampton County Rule N206. All petitions for attachment of income shall be accompanied by a proposed “Order of Attachment of Income” substantially in accordance with the form provided in Rule N3155.
(c) At the time of the hearing on the petition it shall be the burden of the judgment creditor/landlord to establish: (1) notice to the defendant/tenant of the income attachment hearing date; (2) that the attachment is for a judgment that represents damages for abuse of the physical makeup of the leasehold premises; and (3) that the tenant’s security deposit, if any, has been deducted from the amount subject to attachment, or has been applied to payment of rent due on the same premises for which the judgment of attachment is to be entered.
(d) At the time of the hearing on the petition, it shall be the burden of the debtor/tenant to: (1) establish that the attachment would place the debtor’s net income below the poverty income guidelines as provided annually by the Federal Office of Management and Budget; or (2) other good cause why the attachment order should not issue.
EXPLANATORY COMMENT
This local rule is promulgated pursuant to the authority of 42 Pa. Con. Statutes 8127(a)(3.2). Counsel seeking to pursue the remedy of attachment of income must make sure that the District Justice or Court enters an order allocating the judgment amount to reflect that portion of the judgment which represents damages for abuse of the physical make up of the residential leasehold premises.
Adopted June 30, 1997, effective August 19, 1997.