010066190 June 11, 13
NOTICE
IN THE COURT OF COMMON PLEAS OF FAYETTE COUNTY, PENNSYLVANIA
CIVIL DIVISION
No. 1181 of 2012, G.D. Assigned Judge: Nancy D. Vernon
DOMENICK MARRARA, JR., Plaintiff, v. ROCCO S. MARRARA, JR., as Trustee of the ROBERT S. MARRARA, SR., CREDIT SHELTER TRUST, ESTATE OF ROBERT S. MARRARA JR. and ROBERT S. MARRARA TRUST, TRUSTEE VICKIE HELSEY, Defendants.
NOTICE OF PUBLIC SALE OF REAL ESTATE AND PERSONALTY
You are hereby notified that Attorney John Zeglen, Master in Partition in the above matter, has been authorized to sell:
Real Estate: .15 acres-with gas station/convenience store situate at 208 Penn Street, Pt. Marion PA, Fayette County, Pennsylvania. Tax Map No.: 29-0-0493. Record Book Volume 3205, page 729 and 3205, page 742, Recorder of Deeds.
Under and subject to all exceptions, reservations, and conditions that appear in prior instruments of record in the chain of title or apparent from an inspection of premises.
Personalty: Four (4) fuel tanks, Tanks #1 and #2 holds 6,000 gallons, Tank #3 holds 3,000 gallons and Tank #4 holds 1,000 gallons. Tanks are fiberglass-coated steel, type STI-P3. Also a series of out of operation gasoline pumps.
Time/Date and Location of Auction
June 24, 2015 at 1:00 p.m. at 208 Penn Street, Pt. Marion, Pennsylvania
Terms of Public Sale:
The Public sale will be conducted at one (1) specific date and time in three (3) separate phases. Phase No. I of the sale will exclusively involve the sale of the Tanks and the aforesaid gasoline pumps, and the following shall apply: a. There shall be no reserve established for the tanks and will be sold in an "as is" condition. b. The starting price of the Tanks and the gasoline pumps shall be $500. c. The highest bid for the Tanks and gasoline pumps at the conclusion of Phase I shall be used to establish a fair market value for the purpose of Phase III. Phase No. II of the sale will exclusively involve the sale of the real property, including the Tanks and the gasoline pumps, and the following shall apply: a. There shall be no reserve for the real property, not including the Tanks and gasoline pumps, and the real property, including the structure and fixtures located thereon, shall be sold in an "as is" condition. (b) The starting price for the real property, not including the Tanks and gasoline pumps, shall be $500. (c) Bidding on the real property includes the structure and fixtures located thereon. (d) The highest bid for the real property, not including the tanks and gasoline pumps, shall be used to establish the fair market value of the real property only, for the purposes of Phase III. Phase No. III of the sale will involve the sale of both the Tanks & the gasoline pumps and the real property, including the structure and fixtures located thereon, shall be sold in an "as is" condition. (b) The starting price for the Tanks & gasoline pumps and the real property shall be $500. (c) In addition to the Tanks& gasoline pumps, bidding on the real property includes the structure and fixtures located thereon.
Outcome of Public Sale
In the event that the highest bidder in Phase III bid is more than the combined fair market values of the tanks & gasoline pumps and real property, only, as established in Phases I and Phases II, then that bidder shall be deemed the purchaser of both the Tanks & gasoline pumps and real property, then the following shall apply: a. The purchaser must have available, at the conclusion of the sale, ten (10) percent of the total purchase price for the tanks & gasoline pumps and property, ("hand money") by paying same to Attorney Zeglen. b. The aforesaid purchaser must also provide to Attorney Zeglen, at the conclusion of the sale, a letter of credit establishing that the purchaser either has the funds available or a means of financing to pay the difference between the total purchase price and the hand money. c. The closing on both the Tanks & gasoline pumps and real property shall occur within forty-five (45) days from the public sale, with time being of the essence. In the event that the highest bidder in Phase III is less than the combined market value of the Tanks & gasoline pumps and real property, only, as established in Phases I and II, then both the Tanks & gasoline pumps and the real property, only, shall be sold to the highest bidders in each of those respective phases. The highest bidder in Phase I shall be deemed to be the purchaser of the Tanks & gasoline pumps, and the following shall apply: a. The purchaser must have the total purchase price for the Tanks and gasoline pumps available at the conclusion of the sale and pay the same to Attorney Zeglen. b. The purchaser must execute an acknowledgment that the Tanks and gasoline pumps are being purchased in an "as is" condition. c. After the date of the public sale, the purchaser of the Tanks and gasoline pumps shall have fourteen (14) days to: (1) remove the Tanks; (2) remediate the real property, at the purchaser’s sole expense, to the condition then existing prior to the removal of the Tanks and as required by all federal and state statutes and regulations; and (3) apply for all necessary governmental certifications and/or approvals that the removal of the Tanks and condition of the property post-removal complies with all applicable environmental standards. d. After the removal of the Tanks and remediation of the real property, the purchaser shall remain liable for any potential environmental liability. Ownership documents shall not be provided to the purchaser of the Tanks until the purchaser has proved Attorney Zeglen with proof that all applicable environmental certifications and/or approvals relative to the removal of the Tanks have been obtained. The highest bidder in Phase II shall be deemed the purchaser of the real property only, and the following shall apply: a. The purchaser must have available, at the conclusion of the sale, ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price for the real property, ("hand money") and pay the same to Attorney Zeglen. b. The aforesaid purchaser must also provide to Attorney Zeglen, at the conclusion of the sale, a letter of credit establishing that the purchaser either has the funds available or a means of financing to pay the difference between the total purchase price and the hand money. c. In the event that the Tanks are not sold during Phase I of the public sale, the owner of the Tanks shall after fourteen (14 days) of the public sale, at its sole expense: (1) remove the Tanks from the property; (2) remediate the property to the conditions then existing prior to the removal of the Tanks and as required by all federal and State statutes and regulations; and (3) apply for all necessary governmental certifications and/or approvals that the removal of the Tanks and condition of the property post-removal complies with all applicable environmental standards. d. The closing on the real property, only, shall occur within forty-five (45) days after proof is provided to Attorney Zeglen that all applicable environmental certifications and/or approvals relative to the removal of the Tanks have been obtained by the Owner of the Tanks. Any agreement of sale hereunder shall indicate, among other things, that: (1) both the Tanks and real property, including the structure and fixtures located thereon is sold in an "as is" condition; and (2) the parties in the above styled matter and Attorney Zeglen shall not be liable to the purchaser for any liability, claims, causes of action, or damages arising from the purchase of the real property, including, but not limited to any and all environmental claims, whether known or unknown to the purchasers, and that provision shall not merge into and will survive the execution, delivery, and recording of the deed to the purchaser. A special warranty deed shall pass the title of the real property to the purchaser.