As amended through May 6, 2024
Rule 37 - Contents of Petition for Private Sale. Notice of Hearing Thereon. Rule to Show Cause(a) When leave of court is required to sell real estate at private sale in the cases referred to in B.R.C.P. 35, in addition to the requirement of B.R.C.P. 35, the petition shall also set forth in separate paragraphs:(1) The name and address of the proposed purchaser;(2) The price to be paid and the terms of sale;(3) If a fiduciary shall seek authorization to sell, that he or it is not interested therein as purchaser either directly or indirectly;(4) Where the proposed sale is of an undivided interest, whether the other parties in interest desire the sale to be made and are willing to join in a deed.(b) To the petition to sell real estate at private sale must be attached an affidavit of two disinterested and competent persons acquainted with the value of real estate in the particular locality showing that under all the circumstances the price offered is better than could be obtained at public sale.(c) In all such cases wherein a petition to sell real estate at private sale is presented to the court, the court shall fix a time for hearing thereon and notice of such hearing and the purpose thereof shall be advertised once, which advertisement shall be at least one (1) week before the time appointed for said hearing in at least one (1) newspaper of general circulation in Berks County and in the Berks County Law Journal.(d) If the parties in interest shall not join in the petition to sell real estate at private sale or concur therein, a rule to show cause why the prayer of the petition should not be granted shall be issued by the court upon motion of the petitioner to be served on all parties who have not so petitioned or concurred, returnable on the day fixed by the court's order fixing a time for a hearing on the petition, which order granting such rule shall also direct the manner of service by advertisement upon all parties who cannot otherwise be served.Amended effective 2/12/2018 ; amended effective 7/9/2019; amended effective 3/14/2020.