Rule 36 - Contents of Petition for Public Sale. Required Notice if Granted. Return of Sale(a) When leave of court is required to sell real estate at public 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 petitioner's interest in said real estate;(2) If the petitioner is a fiduciary, the date of his or its appointment and his or its acceptance of the trust and the terms imposed;(3) The names of all parties in interest stating such as are minors or incompetents and if so, the names of their fiduciaries, if any, and the notice given them of the intended presentation of the petition;(4) A description of the real estate which it is desired to sell.(b) Attached to the petition to sell real estate at public sale must be an affidavit of two disinterested and competent persons familiar with said real estate as to the value of the tract or tracts desired to be sold.(c) If all parties in interest do not voluntarily appear as petitioners or respondents or join in the petition to sell real estate at public sale, 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 upon all parties who have not appeared or joined in the petition, returnable on a day to be fixed in the order granting the rule which order shall also direct the manner of service by advertisement upon all parties who cannot otherwise be served.(d) If the prayer of the petition for sale be granted, the order granting the same shall contain the date, time and place for approval or confirmation of the sale to the purchaser at said public sale, and said sale and the fact that it is subject to approval or confirmation by the court, together with the said date, time and place fixed for the approval or confirmation shall be advertised once a week for three (3) successive weeks in the Berks County Law Journal and in one other newspaper of general circulation in Berks County, and notice shall be given by posting a notice on the premises and three (3) additional notices in the immediate vicinity of the premises to be sold. At least fifteen (15) days' prior notice of the time and place of the proposed sale shall be given to all parties in interest, by personal service or registered or certified mail, unless otherwise ordered by the court.(e) The return of the sale for the purpose of approval or confirmation by the court shall be in the form of an affidavit, which shall set forth the notice given, the advertisement made, the price obtained, the name and address of the purchaser and that he was the highest bidder, and in addition, if a fiduciary was authorized to sell, that he or it was not and is not interested therein as purchaser either directly or indirectly. Court approval or confirmation must be obtained before delivery of a deed.Amended effective 2/12/2018 ; amended effective 7/9/2019; amended effective 3/14/2020.