Rule 1570. Decision and Order.
(a) The decision shall include findings of fact as follows:
(1) whether the property is capable of division, without prejudice to or spoiling the whole, into purparts proportionate in value to the interests of the co-tenants;
(2) the number of purparts into which the property can be most advantageously divided, if partition proportionate in value to the interests of the parties cannot be made;
(3) the value of the entire property and of the purparts;
(4) the mortgages, liens and other encumberances or charges which affect the whole or any part of the property and the amount due thereon;
(5) the credit which should be allowed or the charge which should be made, in favor of or against any party because of use and occupancy of the property, taxes, rents or other amounts paid, services rendered, liabilities incurred or benefits derived in connection therewith or therefrom;
(6) whether the interests of persons who have not appeared in the action, or of defendants who have elected to retain their shares together shall remain undivided;
(7) whether the parties have accepted or rejected the allocation of the purparts or bid therefore at private sale confined to the parties; and
(8) whether a sale of the property or any purpart not confined to the parties is required and if so, whether a private or public sale will in its opinion yield the better price.
(b) The order shall include:
(1) an appropriate award of the property or purparts to the parties subject to owelty where required;
(2) if owelty is required, the amount of the awards and charges which shall be necessary to preserve the respective interests of the parties, the purparts for or against which the same shall be charged, the time of payment and the manner of securing the payments;
(3) the protection required for life tenants, unborn and unascertained remaindermen, persons whose whereabouts are unknown or other persons in interest with respect to the receipt of any interest; and
(4) a public or private sale of the property or part thereof where required.
Source The provisions of this Rule 1570 adopted April 26, 1955, effective November 1, 1955; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9 . Immediately preceding text appears at serial pages ( 255277) to (255278).
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