Rule *3201.1 - Sheriff's Notice to Non-Judgment Debtors Re: Personal Property Levies and Attachment(A)Non-Judgment Debtor. A "Non-Judgment" is a person who is not a judgment debtor in the particular action which execution is being attempted.(B)Form of Notice. The Writ of Execution Notice prepared by judgment holders and currently served as part of the Writ of Execution in connection with personal property levies and attachment shall include information concerning the rights of third parties whose property has become subject to levy or attachment. The Notice, to be prepared by execution creditors, shall substantially conform with the form Notice attached as Exhibit "A."(C)Personal Property Levies-Property Claim, Certifications(1) When judgment holders execution against personal property (e.g., household goods), file a Writ of Execution with the Office of Judicial Records, they shall include, together with any other papers required to be served by the sheriff, a captioned Property Claim Notice and a Property Claim form substantially in the form attached as Exhibit "B" and "C" respectively.(2) When the Sheriff performs a levy against personal property, the Sheriff shall provide all adult persons and guardians of minors found residing at the location subject to levy with a captioned Property Claim Notice. The Sheriff shall also make inquiry on the premises to ascertain the names and addresses of all persons who may own personal property subject to levy, and/or who reside at the location subject to levy. The Sheriff shall prepare a Sheriff's Certification specifying the names and addresses of the persons whom the Sheriff believes, through reasonable inquiry on the premises, reside or own property at the location where personal property is subject to levy. The Sheriff's Certification shall substantially conform with the form Certification attached hereto as Exhibit "D."(3) Within five days of the Sheriff's levy, the Sheriff shall send a copy of the Sheriff's Certification to the execution creditor by First Class, U.S. Mail, postage prepaid, with a cover letter substantially in the form attached hereto to Exhibit "E."(4) Upon receipt of the Sheriff's Certification, the execution creditor shall send each of the persons named in the Sheriff's Certification a completed Property Claim Notice and a Property Claim form. The execution creditor shall then file a Certificate of Service with the Sheriff certifying that the Property Claim Notice and Property Claim form have been served on all persons listed on the Sheriff's Certification.(5) The Sheriff shall not schedule a Sheriff's Sale of personal property until at least twenty (20) days after the execution creditor has filed a Certificate of Service indicating that the Property Claim Notice and Property Claim form have been served on all persons listed in the Sheriff's Certification.(D)Garnishment of Personal Property-Notice, Form of Petition to Intervene, Filing(1) When the Sheriff makes service of a Writ of Execution on a garnishee, the Sheriff shall serve the garnishee with a Notice to Co-Owner of Attachment of Property and a form Petition to Intervene, Stay and Set Aside Writ of Execution as to Non-Judgment Debtor Property with the instruction that the garnishee within two business days send the Notice and Form Petition to all persons other than the judgment debtor who to the garnishee's knowledge may have an interest in the attached account or property by First Class, U.S. Mail, postage prepaid. (2) Garnishee shall include a captioned Notice to Co- Owner of Attachment of Property (Exhibit "F") and a captioned form Petition to Intervene, Stay and Set Aside Writ of Execution as a Non-Judgment Debtor Property (Exhibit "G") in the package served by the garnishee on the account holders.(3) A non-judgment debtor whose bank account or other property held jointly with a judgment debtor has been affected by an attachment pursuant to a judgment against that debtor may claim immunity of his property from attachment by filing with the Sheriff a Petition to Intervene, Stay and Set Aside Writ of Execution substantially in the form provided by the attached Exhibit "G."(E)Application to Proceed In Forma Pauperis.(1) Pre-payment of applicable fees for filing Petitions to Intervene, Stay and Set Aside Writ of Execution shall not be required upon the filing with the Sheriff of an Application to Proceed In Forma Pauperis (Property Claim/Petition to Intervene, Stay and Set Aside Writ of Execution) (hereinafter "IFP Application") Exhibit "H." IFP Applications filed by unrepresented non-judgment debtors in connection with personal property levies (Property Claim Form) will be accepted by the Sheriff subject to the Court's determination as to the grant of the Application at a later date. If the Court shall thereafter deny the Application to Proceed In Forma Pauperis, the petitioner will be required to pay the filing fee.(2) The Sheriff shall have available and distribute IFP Applications to the public without charge.(F)Hearing-Petition to Intervene, Stay and Set Aside Writ of Execution. (1) When a Petition to Intervene, Stay and Set Aside Writ of Execution is filed, the Sheriff shall immediately set a date, time and place of hearing and file said Petition with the Motion Court of the Court of Common Pleas or with the Court Administration of the Philadelphia Municipal Court, as is appropriate. The Sheriff shall also immediately send a copy of the Petition to the plaintiff execution creditor by First Class, U.S. Mail, postage prepaid.(2) The Court shall hear the Petition within five business days and shall promptly dispose of the matter on the testimony, admissions or other evidence.(3) Judgment may not be entered against the garnishee pursuant to Pa.R.Civ.P. 3146(b) while a Petition to Intervene, Stay and Set Aside Writ of Execution is pending.(4) A petitioner who files a Petition to Intervene, Stay and Set Aside Writ of Execution shall be deemed to have filed a Petition to Intervene in compliance with Pa.R.C.P. 2328, to have filed answers to interrogatories in compliance with Pa.R.C.P. 23145, and to have filed a Petition under Pa.R.C.P. 3121.(G)Sheriff 's Sale Handbill-Contents of Notice. The Sheriff's Sale Handbill shall include the words "All persons other than the above-named judgment debtor who own property located at this address, including property owned jointly with the above-named person, may protect their property by filing a Property Claim at the Office of the Sheriff, (Sheriff's Address), prior to the sale." Adopted by The Board of Judges, May 17, 1990 General Court Regulation 90.8, effective 30 days after publication in the Pennsylvania Bulletin. Amended by the Board of Judges November 15, 1990 General Court Regulation 90-10, effective 1/21/1991.