Rule 5.10D - PUBLIC SALE OF REAL PROPERTY ADVERTISEMENT(a) Public notice of any proposed sale under Order of Court shall be given by advertisement one time in at least one newspaper of general circulation published in the County of Schuylkill and in the legal publication designated by these rules, and shall be placed under a general heading as follows: COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY ORPHANS' COURT DIVISION
PUBLIC SALE OF REAL ESTATE
In pursuance of an Order of the Orphans' Court Division aforesaid, the real estate indicated below will be offered for sale at the time and place stated. The terms and conditions of sale are of record in the office of the Clerk at the Schuylkill County Courthouse, Pottsville, Pennsylvania, where they may be examined by the interested parties.
(b) The advertisement shall give the name of the decedent, trust beneficiary, minor, or incapacitated person, the municipality in which he resided, the place in which lies the real estate to be offered for sale, an abridged description of the real estate (including, where possible, the street and house number, and block and lot number), the improvements thereon erected, the place, date, and time of sale, the name and title of the fiduciary directed to make the sale, and the name of the attorney representing the fiduciary.(c) At least 20 days written notice shall be given to all non-joining interested parties (1) as heirs, devisees, legatees, or lien holders, where the property to be sold is that of a decedent's estate; or (2) as the next of kin, where the property to be sold is that of an incapacitated person; or (3) as beneficiaries, including life tenant and remaindermen of the trust estate where the sale is to be by a trustee; or (4) as the parents or other person maintaining the minor where the property to be sold is that of a minor. (1) The written notice herein provided for shall be by personal service or by registered mail to the last known address of the person to be notified.(d) All returns of sale of real estate sold at public sale shall be in writing and sworn to and shall include: (1) proofs of publication of the notice required by Sch. Co. O.C. 5.10D(a);(2) when and to whom written notice was given;(3) the name of the purchaser and the purchase price.(e) Upon return of sale, the Court may enter a Decree of Confirmation Nisi and fix the amount of security or additional security which the personal representative, trustee, or guardian shall be required to enter or the Court may excuse the fiduciary from entering additional security; and the Decree of Confirmation Nisi so entered is FINAL unless a motion for reconsideration is filed within 20 days of the date signed.Amended effective 3/1/2021; amended effective 1/1/2024.