231 Pa. Code r. 3301 - Scope. Definitions

(a) The rules of this chapter govern an attachment of wages to satisfy a judgment pursuant to Section 8127(a)(3.1) of the Judicial Code.

(b) As used in this chapter,

"defendant" means a judgment debtor-tenant,

"garnishee" means the employer of the defendant,

"judgment" means a judgment for amounts awarded to a plaintiff arising out of a residential lease, which has been entered in the court of common pleas or the Philadelphia Municipal Court and which shall have been entered originally in

(1) any civil action brought in the court of common pleas,

(2) the following actions brought before a magisterial district judge:

(i) a civil action pursuant to Pa.R.C.P.M.D.J. 301 et seq., or

(ii) an action for the recovery of possession of real property pursuant to Pa.R.C.P.M.D.J. 501 et seq. in which the defendant appeared or filed papers or in which the complaint was served by handing a copy to the defendant,

(3) the following actions brought in the Philadelphia Municipal Court:

(i) a civil action in which the defendant was served pursuant to Phila.M.C.R.Civ.P. No. 111(A) or (C), or

(ii) an action in which the defendant was served pursuant to Phila. M.C.R.Civ.P. No. 111(B) and in which the defendant appeared or filed papers,

"plaintiff" means a judgment creditor-landlord, and

"wages" includes salary and commissions.

Notes

231 Pa. Code r. 3301