Lehigh Cnty. C.P. Rules 8

public sale of real property in accordance with the terms of sale set

forth in the petition, setting forth the date for sale, directing the

filing of a return of sale in accordance with Rule 5.10-3 and setting a

date for confirmation of the sale.

Rule 5.10-2. Public Sale. Notice.

(a) After grant of a petition for public sale of real property, notice of the time

and place of the proposed sale and a description, stating the size and location of the

property to be sold, shall be given by:

(1) Advertisement once a week for three (3) successive weeks in

accordance with the requirements of Leh. O.C. Rules 4.2-1 and 4.2-2,

provided that if the property is located in a county other than

Lehigh County then by advertisement as aforesaid in the legal

periodical and in a newspaper of general circulation published in the

county in which the property is located;

(2) Posting at a conspicuous place on the real property to be sold and at

three (3) different public places in the vicinity of the real property; and

(3) Regular mail to all interested parties, including the Attorney General of

the state in which any charitable party in interest is domiciled in

accordance with the requirements of Pa. O.C. Rule 4.4.

(b) All returns of notice shall conform to the pertinent provisions of Leh. O.C.

Rule 4.2-3 and be filed with the Clerk on or before the date set for confirmation of the

sale.

Rule 5.10-3. Public Sale. Return of Sale. Confirmation.

(a) Returns of public sale of real property for the purpose of confirmation by

the Court shall be in the form of an Affidavit which shall set forth:

(1) The notice given as provided by Leh. O.C. Rule 5.10-2 hereof;

(2) The name and address of the purchaser and an averment that he was the

highest bidder; and

(3) The price obtained.

(c) In the absence of objections, which may be filed on or before the date and

time set for confirmation, which date shall not be less than twenty (20) days after the

date of filing the Affidavit, the Court may enter an order confirming the sale and fixing or

waiving additional security.

(d) At the date and time set for confirmation, which date shall not be less than

twenty (20) days after the date of filing the Affidavit, the fiduciary shall submit to the

Court a proposed order confirming the sale.

CHAPTER VI

[RESERVED]

CHAPTER VII

PRE-HEARING AND HEARING PROCEDURE

Rule 7.1-1. Discovery.

(a) The practice relating to discovery shall be by special Order of the Court in each

case.

(b) Leave of Court must be granted to obtain discovery of any kind or the

perpetuation of testimony. Requests may be made by petition or oral motion, with proper

notice or the consent of all parties.

(c) A petition to perpetuate testimony shall include the averments required by Pa.

R.C.P. 1532.

Rule 7.1-2. Pre-hearing Conference.

(a) In any proceeding before the Court, the Court may direct the parties and counsel

to appear for a pre-hearing conference.

(b) At least five (5) business days prior to the date of the pre-hearing conference,

each party shall file with the Clerk and serve upon each other party a written pre-hearing

statement which shall contain:

(1) A listing of the legal and factual issues and relief requested;

(2) The names and addresses of all witnesses to be called during the

hearing and a statement as to whether each witness is a fact witness or an

expert witness;

(3) An identification of all exhibits to be used at any hearing;

(4) Any list of proposed stipulations or agreements;

(5) Any proposed amendments to pleadings;

(6) Such other matters as may aid the Court in the disposition of this action;

(7) An identification of hearing counsel, along with counsel’s name,

address, email address, telephone number and facsimile number;

(8) An estimate of the length of the hearing; and