Bucks Cnty. C.P. Rule 12.10B

Rule 12.10B Petition for a Sale Having Effect of a Judicial Sale.

1. A petition for an order of Court authorizing or directing the sale (whether public

or private) of real estate under any provision of law, whereby the same would have

the effect of a judicial sale shall set forth, in addition to the matters required by

Pennsylvania Orphans' Court Rules 12.9 and 12.10, and Bucks Rules 12.9A and

12.9D, the following:

a. the names and addresses of all heirs, devisees, legatees or lienholders who would

be affected by the sale, indicating the respective interests of each and designating

those who may not be sui juris and the fiduciary representing them, if any;

b. a full and complete statement of all known liens and charges upon the subject

real estate showing the nature, priority and amounts thereof respectively and

indicating which thereof, if any, would not be discharged by the sale under the

applicable provisions of law;

c. a statement of the amount and nature of all known additional claims against the

estate which may not be liens upon the subject real estate; and

d. if the liens upon the subject real estate may prima facie be satisfied or

discharged without the necessity for a judicial sale, or if there be no liens, a

statement of such other unusual facts as may be relied upon to invoke the

discretion of the Court to order the sale.

2. Upon the presentation of such a petition, the Court may in its discretion, require

that a citation issue directed to all parties in interest (including lienholders) who

have not joined in the petition requiring them to show cause why the requested

order of sale should not be granted. Such citation may be served personally or by

certified mail by any adult person or by the sheriff at least 20 days prior to the

return day thereof. If it shall appear by affidavit that such citation may not be

served personally or by certified mail, the same shall be served by publication,

unless the Court for cause shown shall otherwise direct in particular cases, by

advertisement in the Bucks County Law Reporter and in one newspaper of general

circulation published in the county once a week for three successive weeks, and

also by posting the same in a conspicuous place on the subject premises. The last

advertisement and such posting are to be made at least 20 days prior to the return

day. In all cases, return of service of the citation shall be filed together with

supporting affidavits showing the time and manner of service and by attaching

return receipt cards and proofs of publication, in appropriate cases.