Philadelphia Cnty. C.P. CP-Orphans' Division Rule 5.13A

(1) Contents of Petition.

(a) Trustee. A petition to sell real property at public sale, under 20

Pa.C.S. § 8301 et seq. shall also set forth in separate paragraphs:

(i) ) how title was acquired, stating the date and place

of probate of the will or recording of the deed;

(ii) a full description of the real property, its improvements, by whom

it is occupied, its rental value, the current tax assessment, and the

liens and charges to which it is subject;

(iii) erest of the petitioner, if a fiduciary, how and when such

fiduciary was appointed; if other than a fiduciary, the name of the

fiduciary, if any, and how and when such fiduciary was appointed;

(iv) of the history of the trust, and of the relevant provisions of the

will or deed pertaining to the real property to be sold; the names of

all parties and the nature and extent of their interests, stating

which, if any, are minors or incapacitated persons, and giving the

names and record of appointment of their guardians, if any; and the

names of the next of kin and the age of any minors;

(v) the limitations or defeasibility from which title is to be freed,

following as closely as possible the language of 20 Pa.C.S. § 8301;

and that the purpose of the proceeding is to obtain a decree stating

that the title transferred to the purchaser shall be indefeasible by

any person ascertained or unascertained, or by any class of

persons mentioned in the petition or decree having a present or

expectant interest in the premises, and unprejudiced by any error in

the proceedings of the Court;

(vi) ficient facts to enable the Court to determine whether the

proposed sale will be to the interest and advantage of the parties,

and whether the said sale may be made without prejudice to any

trust, charity, or purpose for which the real property is held, and

without the violation of any law which may confer an immunity or

exemption from sale or alienation; and

(vii) the names of any parties who do not voluntarily appear.

(b) Guardian. A petition by a guardian to sell real property at public sale,

under 20 Pa.C.S. § 8301 et seq., shall also set forth in separate

paragraphs:

(i) ) that the petitioner was appointed guardian of the estate of the

minor, stating the method, date and record of appointment; or, if the

estate of the minor consists of an interest in real property of a value

not exceeding the statutory limitation provided in 20 Pa.C.S. §§

5101 and 5102, that the petitioner is the natural guardian, or the

person by whom the minor is maintained, stating the relationship of

the petitioner to the minor;

(ii) the interest of the minor and a full description of the real

property proposed to be sold; its improvements; by whom it is

occupied; its rental value; the current tax assessment; and the liens

and charges to which it is subject;

(iii) whether title was acquired by will, descent or deed, the date of

decedent's death, the date and place of probate of the will or

recording of the deed with respect to the real property proposed to

be sold; and if the interest of the minor is partial, the names of the

other parties, the nature of their interest, that they desire the sale to

be made, and are willing to join in the deed;

(iv) age of the minor; the names of his or her next of kin; and the

notice given them of the filing of this petition; and

(v) sufficient facts to enable the Court to determine that it would be

in the interest of such minor that the real property be sold.

(2) Exhibits. The following exhibits shall be attached to a petition by a fiduciary to

sell real property at public sale, under 20 Pa.C.S. § 8301 et seq.:

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

instrument by which the fiduciary was appointed; and

(b) consents to the sale signed by those interested parties who consent

thereto, and the notice which has been given to those parties who do not

consent, or voluntarily appear as petitioners or respondents; if all parties

having an interest do not voluntarily appear as petitioners or respondents,

a citation will be granted, directed to all parties who have not appeared, as

provided by 20 Pa.C.S. § 8304.

(3) Notice. Security. The practice and procedure with respect to the entry of

security and notice shall conform to the appropriate provisions of Rule

5.10A(1)(a)(v) and Rule 5.10A(5).