Bucks County Tax Claim Bureau v. Mallard Park, Inc.

21 Pa. D. & C.4th 428, 1993 Pa. Dist. & Cnty. Dec. LEXIS 91
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedJuly 15, 1993
Docketno. 92-8548-13-6
StatusPublished

This text of 21 Pa. D. & C.4th 428 (Bucks County Tax Claim Bureau v. Mallard Park, Inc.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bucks County Tax Claim Bureau v. Mallard Park, Inc., 21 Pa. D. & C.4th 428, 1993 Pa. Dist. & Cnty. Dec. LEXIS 91 (Pa. Super. Ct. 1993).

Opinion

BIESTER, JR., J.,

This case arises out of a tax sale conducted by the Bucks County Tax Claim Bureau (“Bureau”) on November 10, 1992, in [429]*429which the land and premises located at 3 Terry Drive, Newtown Township, Bucks County, Pennsylvania, owned by Commerce Bank, N.A. (“petitioner”), 1701 Route 70 East, Cherry Hill, New Jersey, were sold to Mallard Park, Inc., Joseph Cosden, and Craig P. Sanford (“buyers at tax sale”). The buyers at tax sale paid an upset price in the amount of $118,261.25 for the property. Thereafter, petitioner filed the present action with this court seeking to set aside and invalidate the tax sale and to obtain injunctive and other related relief. Pursuant to a consent order, signed by petitioner, the buyers at tax sale, the Bureau and the Honorable Kenneth G. Biehn on February 18, 1992, the parties stipulated that the petition in question and its accompanying pleadings were deemed to constitute the filing of objections and exceptions to the tax sale. A hearing was held before this court on January 21, 22 and February 16, 1993. All parties subsequently filed proposed findings of fact and conclusions of law with this court. Upon consideration of the notes of testimony and the parties’ proposed findings, we enter the following

FINDINGS OF FACT

(1) The subject property, Bucks County Tax Parcel no. 29-10-118, is located at the intersection of Terry Drive and Newtown-Yardley Road within an industrial commons in Newtown Township, Bucks County. The property is improved with a two-story brick, commercial office building, approximately 28,000 square feet. N.T. 1/21/93, p. 214.

(2) Petitioner became the owner of the subject property as a result of a mortgage foreclosure and sheriff’s sale which took place in February of 1992. N.T. 1/21/93, p. 216.

[430]*430(3) Title to the subject property was conveyed to petitioner by way of sheriff’s deed dated February 14, 1992, and recorded in the Bucks County Recorder of Deeds Office at deed book 422, page 645. Exhibit B-9.

(4) That deed designates the grantee of the property and its address as follows: Commerce Bank, N.A., 1701 Route 70 East, Cherry Hill, N.J. 08034. Exhibit B-9.

(5) In addition, a realty transfer tax statement of value form filed by petitioner was recorded in the Bucks County Recorder of Deeds on March 4, 1992. As required therein, petitioner specified its address and the name and address of an individual to whom any and all correspondence could be directed; i.e., “Patrick J. Casey c/o Jubanyik, Varbalow, Tedesco, Shaw & Schaffer, 105 South 12th Street, Philadelphia, PA 19107.” Exhibit P-16.

(6) Prior to said conveyance, Newtown Enterprises, Inc. was the record owner of the property in question. Exhibit B-9.

(7) On January 15, 1991, the Bureau filed a report indicating that $32,500.61 was due in delinquent 1990 taxes and penalties for the subject property. N.T. 1/21/93, p. 6.

(8) According to the Bureau, a notice of filing of return and entry of claim for the delinquent 1990 taxes was sent sometime in May of 1991 by return receipt, certified mail to the prior owner, Newtown Enterprises, Inc., 1918 Garden Court, Langhome, PA 19047. N.T. 1/21/93, p. 7.

(9) The Bureau received a return receipt card addressed to Newtown Enterprises, Inc., signed in the “signature-agent” box and dated 5/24/91. Exhibit B-l.

(10) On February 14, 1992, petitioner’s real estate loan administration department, managed by Mr. John [431]*431Robert Gerard, became responsible for the property in question. N.T. 1/21/93, pp. 203 and 217.

(11) Mr. Gerard assigned the file to Ms. Colleen Boyd, a loan administration supervisor for petitioner. N.T. 1/21/93, p. 218.

(12) Prior to the loan administration department’s being assigned to manage this property, the loan origination department, per Teresa Kirby, had handled the loan file. N.T. 1/21/93, p. 221.

(13) Ms. Kirby administered the sheriff’s sale in February of 1992 by which petitioner obtained the property. N.T. 1/22/93, pp. 48 and 57.

(14) Ms. Kirby’s employment with petitioner was terminated at the end of May, 1992. N.T. 1/21/93, p. 222.

(15) The tax collector’s office placed a lien on the subject property on January 15, 1992, in the amount of $36,869.66 for taxes and penalties owed for 1991. N.T. 1/21/93, p. 9.

(16) The Bureau addressed the notice of filing of return and entry of claim for the delinquent 1991 taxes to “Commerce Bank, N.A., 1701 Route 70 East, Cherry Hill, New Jersey 08034.” N.T. 1/21/93, p. 10 and exhibits B-2, B-2A.

(17) The return receipt card accompanying the 1991 notice of claim was signed by Joseph Macarone, an employee of petitioner’s, and was dated June 1, 1992. N.T. 1/21/93, pp.10 and 88 and exhibit B-2.

(18) Mr. Macarone signed the return receipt card in the box marked “signature-agent.” Exhibit B-2.

(19) The 1991 notice of claim included the following statements: “[i]f you pay this tax claim before July 1, 1993, your property will not be sold. If you pay this claim after July 1, 1993, but before actual sale, [432]*432your property will not be sold but will be listed on advertisements for such sale.” Exhibit B-2A.

(20) The 1991 notice of claim contained no mention of the outstanding 1990 taxes due on the subject property. N.T. 1/21/93, p. 96.

(21) On February 20, 1992, Mr. Louis P. Chiarlanza, an assistant vice-president collection officer for petitioner, prepared a partial charge off request to reduce the principal balance of the real estate loan pertaining to the property in question to comply “with current fair value.” He noted therein that the following taxes were due for the property in question: 1990 — $35,000 and 1991 — $37,000. Exhibit R-8.

(22) Petitioner’s board of directors approved this charge off request on March 24, 1992. N.T. 1/22/93, p. 64.

(23) A copy of this partial charge off request was found in the loan administration department’s file. N.T. 1/22/93, p. 64.

(24) In March or April of 1992, Ms. Boyd phoned the tax collector’s office and was told that both the 1991 and 1992 taxes were outstanding on the property. N.T. 1/22/93, p. 117.

(25) On June 12,1992, the tax collector for Newtown Township, Anthony Rubini, prepared a tax certificate verifying the amount of taxes owed for 1991 and 1992. N.T. 1/22/93, pp. 104-5 and exhibit P-8.

(26) The tax certificate indicated that the 1991 taxes had not been paid, were “liened,” and that petitioner should call “Bucks County Tax Claim @ 348-6000” for the latest amount due. The certificate also indicated that over $9,000 in taxes were outstanding for 1992 and that such taxes were due on June 30, 1992. Exhibit P-8.

[433]*433(27) In late July, 1992, Ms. Boyd wrote the Newtown Township tax collector to inform him that petitioner held the mortgage on the subject property and that any notification regarding the non-payment of taxes and/or other assessments should be directed to petitioner pursuant to New Jersey law. N.T. 1/22/93, p. 34 and exhibit R-3.

(28) The tax certification was found in the loan administration department’s file in late August or early September of 1992 at which time Mr. Gerard instructed Ms.

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21 Pa. D. & C.4th 428, 1993 Pa. Dist. & Cnty. Dec. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bucks-county-tax-claim-bureau-v-mallard-park-inc-pactcomplbucks-1993.