Philadelphia Cnty. C.P. CP-Orphans' Division Rule 5.12A

Pa.C.S. §§ 3353, 5155, 5521(b) and 7780.6(a).

(1) Contents of Petition. A petition by a fiduciary under this Rule shall set forth, as

nearly as may be practicable, the same information as is required under Rule

5.10.A with regard to a petition to sell real property at public sale by the same

fiduciary; and, in addition, it shall set forth the name of the proposed mortgagee

or lessee, the amount and terms of the proposed mortgage loan or lease and

sufficient facts to enable the Court to determine whether the proposed mortgage

or lease should be approved.

(2) Exhibits. The following exhibits shall be attached to the petition:

(a) a copy of the will, deed, trust agreement, decree or other relevant

instrument by which the petitioner was appointed;

(b) consents to the mortgage or lease signed by those interested parties

who do not join in the petition, and the names of those parties who do not

consent and a copy of the notice given to them; and

(c) a statement by the proposed mortgagor agreeing to grant the mortgage

loan.

(3) Notice. Any interested party who does not join in the petition or consent to the

mortgage or lease shall receive notice of the filing of the petition in accordance

with Pa. O.C. Rule 3.5.

(4) Decree. A decree in approved form shall be attached to the face of the

petition approving the mortgage or lease and, where appropriate, fixing the

amount of security to be entered by the petitioner.