vfc properties vs. sheriff jewell williams - jewell williams' answer to complaint

CITY OF PHILADELPHIA LAW DEPARTMENT

SHELLEY R. SMITH, CITY SOLICITOR

Robert D. Aversa, Esquire (I.D. No. 66619)

Daniel J. Auerbach, Esquire (I.D. No. 316856)

1515 Arch Street, 17th Floor

Philadelphia, PA 19102

(215) 683-5020 – Telephone

(215) 683-5071 – Fax

[email protected] Attorneys for Defendant

VFC PROPERTIES 20 LLC, et al. : PHILADELPHIA COUNTY

Plaintiff : COURT OF COMMON PLEAS

:

v. : Civil Action

:

JEWELL WILLIAMS, : August Term, 2014

PHILADELPHIA COUNTY SHERIFF : No. 1273

Defendant. :

ANSWER

Defendant, Jewell Williams (the “Sheriff”), through his counsel in the Law Department,

answers Plaintiff’s Complaint in Mandamus (the “Complaint”) as follows:

INTRODUCTION

1. Admitted in part, denied in part. Admitted only that: (1) the properties were sold

at sheriff’s sales held by the Sheriff in 2012 and 2013; and (2) at the time of the sheriff’s sales,

the properties were burdened with municipal liens in the amount of approximately $522,000 for

delinquent and current real estate taxes, water rents, and gas rents. The remaining averments are

denied. Not all of the properties have liens for unpaid gas rents or unpaid, delinquent real estate

taxes. The Sheriff has paid more than $513,000 towards the municipal liens which encumbered

the properties when they were sold at sheriff’s sale. The Sheriff does not have record of Plaintiffs

having paid $680,000, but rather has record of approximately $658,000 being paid by or on

behalf of Plaintiffs towards the amounts owed to the sheriff in connection with the sheriff’s sales

Case ID: 140801273

Filed and Attested byPROTHONOTARY

08 DEC 2014 04:31 pm

of 14

of the properties at issue in this lawsuit (the “properties”). After reasonable investigation, the

Sheriff is without knowledge or information sufficient to form a belief as to the truth of the

remaining averments.

PARTIES, JURISDICTION, AND VENUE

2. Denied in part, admitted in part. Admitted upon information and belief only that

VFC Properties 18 is a Delaware limited liability company. The remaining averments are denied.

After reasonable investigation, the Sheriff is without knowledge or information sufficient to form

a belief as to VFC Properties 18’s address.

3. Denied in part, admitted in part. Admitted upon information and belief only that

VFC Properties 20 is a Delaware limited liability company. The remaining averments are denied.


a belief as to VFC Properties 20’s address.

4. Admitted.

BACKGROUND

5. Admitted in part, denied in part. Plaintiffs’ allegations in the table concerning the

Book Number, Writ Number, Sale Date, Property Address, and Purchaser are admitted.

Plaintiffs’ averments concerning the Deposits Paid to Sheriff are admitted with respect to only:

236 Harvey Street, 242 Harvey Street, 408 W. Chelten Avenue, 410 W. Chelten Avenue, 3510-

30 Scotts Lane, 4328-42 Ridge Avenue, and 329 N. Preston Street. The remaining averments are

denied. The following amounts were paid by or on behalf of Plaintiffs towards the following

properties:

(a) 1502 Harrison Street: approximately $2,307

(b) 2424 Firth Street: approximately $1,845

Case ID: 140801273

of 14

(c) 2605 Gerritt Street: approximately $2,345

(d) 1428 S. Marston Street: $0

6. Admitted.

7. Denied. The Sheriff has paid more than $513,000 towards the approximately

$522,000 in municipal liens that were attached to the Properties when Plaintiffs purchased them.


a belief as to the amount that Plaintiffs have paid to the Sheriff.

8. Denied. After reasonable investigation, the Sheriff is without knowledge or

information sufficient to form a belief as the truth of the averments contained in ¶ 8 of the

Complaint.

9. Denied in part, admitted in part. Admitted only that the Sheriff has paid more than

$513,000 towards the municipal liens that were attached to the properties. The remaining

averments are denied. After reasonable investigation, the Sheriff is without knowledge or

information sufficient to form a belief as the truth of the remaining averments contained in ¶ 9.

A. 236 Harvey Street, 242 Harvey Street. 408 W. Chelten, 410 W. Chelten

(collectively, the “Harvey Street and Chelten Avenue Properties”)

10. Admitted in part, denied in part. Admitted only that 236 Harvey Street, 242

Harvey Street, 408 W. Chelten, and 410 W. Chelten were sold at one auction on May 7, 2013.

The remaining averments are denied. The sheriff’s deed for these properties is a writing which

speaks for itself and the Sheriff denies any characterization, summary or interpretation of its text

or effect inconsistent with the plain meaning of the text or contrary to the legal effect provided

by law.

Case ID: 140801273

of 14

11. Admitted in part, denied in part. Admitted only that a total of $118,263.56 was

paid to the Sheriff by or on behalf of VFC Properties 18 in connection with the foreclosure sales

of 236 Harvey Street, 242 Harvey Street, 408 W. Chelten Avenue, and 410 W. Chelten Avenue.

The remaining averments are denied. Exhibit B of the Complaint is a writing which speaks for

itself and the Sheriff denies any characterization, summary or interpretation of its text or effect

inconsistent with the plain meaning of the text or contrary to the legal effect provided by law.

12. Denied. The Sheriff has paid all claims for real estate taxes, water rents, and gas

rents concerning these properties.

13–15. Denied. After reasonable investigation, the Sheriff is without knowledge or

information sufficient to form a belief as the truth of the averments contained in Paragraphs 13–

15 of the Complaint.

16. Denied. All claims concerning these properties have been paid. These claims have

been or will be discharged without the payment of penalties or late fees.

17. Denied. Paragraph 17 states only conclusions of law and thus requires no

responsive pleading from the Sheriff.

B. 3510-30 Scotts Lane (the “Scotts Lane Property”)

18. Admitted in part, denied in part. Admitted only that 3510–30 Scotts Lane was

sold at sheriff’s auction on May 7, 2013. The remaining averments are denied. The sheriff’s deed

for this property is a writing which speaks for itself and the Sheriff denies any characterization,

summary or interpretation of its text or effect inconsistent with the plain meaning of the text or

contrary to the legal effect provided by law.


paid by or on behalf of VFC Properties 20 to the Sheriff in connection with the foreclosure sale

Case ID: 140801273

of 14

of 3510-30 Scotts Lane. The remaining averments are denied. Exhibit F of the Complaint is a

writing which speaks for itself and the Sheriff denies any characterization, summary or

interpretation of its text or effect inconsistent with the plain meaning of the text or contrary to the

legal effect provided by law.


rents concerning 3510-30 Scotts Lane.

21. Admitted in part, denied in part. Admitted that the City of Philadelphia and the

School District of Philadelphia filed a Petition for the Appointment of a Sequestrator concerning

3510–30 Scotts Lane. The remaining averments are denied. On information and belief, the action

is not pending. On information and belief, the City and the School District filed a praecipe to

discontinue on August 1, 2014. Exhibit G of the Complaint is a writing which speaks for itself

and the Sheriff denies any characterization, summary or interpretation of its text or effect

inconsistent with the plain meaning of the text or contrary to the legal effect provided by law.

22. Denied in part, admitted in part. On information and belief, admitted only that a

satisfaction of gas rent liens has not been filed at the following docket numbers in the

Philadelphia Court of Common Pleas in which a gas lien was docketed against 3510-30 Scotts

Lane: 110331475, 110331483, 110831576, 140130188, 140733303, 140733797. Upon

information and belief, there are no outstanding water rent judgments. The remaining averments

are denied. Whether such satisfactions should be filed is a conclusion of law for which no

responsive pleading is required from the Sheriff.


information sufficient to form a belief as to the truth of the averments contained in Paragraph 23

of the Complaint.

Case ID: 140801273

of 14





C. 4328-42 Ridge Avenue (aka 4333 and 4343 Kelly Drive, f/n/a 4333 and 4343

East Driver Drive (the “Ridge Avenue Property”))

26. Admitted in part, denied in part. Admitted only that 4333Kelly Drive f/n/a 4333

E. River Road was sold at sheriff's auction on May 7, 2013. The remaining averments are denied.

The sheriff's deed for this property is a writing which speaks for itself and the Sheriff denies any

characterization, summary or interpretation of its text or effect inconsistent with the plain

meaning of the text or contrary to the legal effect provided by law.


paid to the Sheriff by or on behalf of VFC Properties 20 in connection with the foreclosure sale

of 4328-42 Ridge Avenue. The remaining averments are denied. Exhibit I of the Complaint is a

writing which speaks for itself and the Sheriff denies any characterization, summary or

interpretation of its text or effect inconsistent with the plain meaning of the text or contrary to the

legal effect provided by law.


rents concerning 4328-42 Ridge Avenue.



of the Complaint.

Case ID: 140801273

of 14

30. Denied in part, admitted in part. Admitted on information and belief only that a

satisfaction of gas rent liens has not been filed at the following docket numbers in which a gas

lien was docked against 4328-42 Ridge Avenue: 140733797, 121030934, 121030935,

091230020, 100632080. The remaining averments are denied. Whether such satisfactions should

be filed is a conclusion of law for which no responsive pleading is required. All water rent

judgments have been satisfied.



of the Complaint.





D. 329 N. Preston Street (the “Preston Street Property”)

34. Admitted in part, denied in part. Admitted only that 329 N. Preston Street was

sold at sheriff’s auction on September 11, 2012. The remaining averments are denied. The

sheriff’s deed for this property is a writing which speaks for itself and the Sheriff denies any



35. Admitted in part, denied in part. Admitted only that $6,615.41 was paid to the

Sheriff by or on behalf of VFC Properties 20 in connection with the foreclosure sale of 329 N.

Preston Street. The remaining averments are denied. Exhibit L of the Complaint is a writing

which speaks for itself and the Sheriff denies any characterization, summary or interpretation of

Case ID: 140801273

of 14

its text or effect inconsistent with the plain meaning of the text or contrary to the legal effect

provided by law.

36. Denied. The Sheriff has paid all claims for real estate taxes and water rents

concerning 329 N. Preston Street.



of the Complaint.


information sufficient to form a belief as the truth of the averments contained in Paragraph 38 of

the Complaint. The document attached as Exhibit M to the Complaint is a writing which speaks

for itself and the Sheriff denies any characterization, summary or interpretation of its text or

effect inconsistent with the plain meaning of the text or contrary to the legal effect provided by

law.

39. Denied. The Sheriff improperly calculated real estate transfer taxes, and this was

reflected in the Sheriff’s records. However, this did not lead to any excess payment of taxes

because it was disregarded to the extent that it exceeded the amount of tax actually due. The

document attached as Exhibit N to the Complaint is a writing which speaks for itself and the

Sheriff denies any characterization, summary or interpretation of its text or effect inconsistent

with the plain meaning of the text or contrary to the legal effect provided by law.

40. Denied. Excess transfer taxes were never paid or distributed to the City.



Case ID: 140801273

of 14

E. 1502 Harrison Street (the “Harrison Street Property”)

42. Admitted in part, denied in part. Admitted only that 1502 Harrison Street was sold

at sheriff’s auction on November 13, 2012. The remaining averments are denied. The sheriff’s

deed for this property is a writing which speaks for itself and the Sheriff denies any



43. Denied. The Sheriff has record of approximately $2,307 being applied as a credit

towards the amounts due to the Sheriff concerning the sheriff’s sale of 1502 Harrison Street. The

document attached as Exhibit P to the Complaint is a writing which speaks for itself and the





of the Complaint.

45. Denied. All real estate taxes and municipal claims relating to the Harrison Street

Property have been paid. The Sheriff paid these amounts even though it did not receive the full

balance due on sale concerning the sheriff’s sale of 1502 Harrison Street After reasonable

investigation, the Sheriff is without knowledge or information sufficient to form a belief as to the

truth of the averments concerning the contents of VFC Properties 20’s records.

46-49. After reasonable investigation, the Sheriff is without knowledge or information

sufficient to form a belief as to the truth of the averments contained in Paragraphs 46-49.



Case ID: 140801273

of 14

F. 2424 E. Firth Street (the “Firth Street Property”)

51. Admitted in part, denied in part. Admitted only that 2424 E. Firth Street was sold

at sheriff’s auction on November 13, 2012. The remaining averments are denied. The sheriff’s

deed for this property is a writing which speaks for itself and the Sheriff denies any




towards the amounts due to the Sheriff concerning the sheriff’s sale of 2424 E. Firth Street. The

document attached as Exhibit U to the Complaint is a writing which speaks for itself and the



53. Denied. The Sheriff does not have record of payment of the full balance due on

sale for the sheriff’s sale concerning 2424 E. Firth Street. The Sheriff consequently has not

distributed all funds necessary to satisfy pre-foreclosure municipal liens attached to 2424 E. Firth

Street. After reasonable investigation, the Sheriff is without knowledge or information sufficient

to form a belief as the truth of whether VFC Properties 20 paid any amount “to satisfy unpaid,

pre-foreclosure real estate taxes, PGW expenses, and water rents” concerning 2424 E. Firth

Street.


information sufficient to form a belief as the truth of the averments contained in Paragraphs 54-




Case ID: 140801273

of 14

G. 2605 Gerritt Street & 1428 S. Marston Street (the “Gerritt & Marston Street

Properties”)

60. Admitted in part, denied in part. Admitted only that 2605 Gerritt Street and 1428

S. Marston Street were sold at sheriff’s auction on November 13, 2012. The remaining

averments are denied. The sheriff’s deeds for these properties are writings which speak for

themselves and the Sheriff denies any characterization, summary or interpretation of their text or

effect inconsistent with the plain meaning of their text or contrary to the legal effect provided by

law.


towards the amounts due to the Sheriff concerning the sheriff’s sale 2605 Gerritt Street and 1428

S. Marston Street. The document attached as Exhibit Y to the Complaint is a writing which

speaks for itself and the Sheriff denies any characterization, summary or interpretation of its text

or effect inconsistent with the plain meaning of the text or contrary to the legal effect provided

by law.

62. Denied. The Sheriff does not have record of payment of the full balance due on

sale for the sheriff’s sales concerning 2605 Gerritt Street and 1428 S. Marston Street. The Sheriff

consequently has not distributed all funds necessary to satisfy pre-foreclosure municipal liens

attached to 2605 Gerritt Street and 1428 S. Marston Street. After reasonable investigation, the

Sheriff is without knowledge or information sufficient to form a belief as the truth of whether

VFC Properties 20 paid any amount “to satisfy unpaid, pre-foreclosure real estate taxes, PGW

expenses, and water rents” concerning 2424 E. Firth Street.

Case ID: 140801273

of 14


information sufficient to form a belief as the truth of the averments contained in Paragraphs 64–




COUNT I

68. The Sheriff incorporates by reference the preceding paragraphs of his Answer as

if fully set forth herein.

69. Denied. The nature of the Sheriff’s obligations under 53 P.S. § 7105 are

conclusions of law and thus require no responsive pleading from the Sheriff.

70. Denied. Where the full balance due on sale was credited to the account

established for one of the properties, the Sheriff collected funds for, among other things, current

and delinquent real estate taxes, water rents, and gas rents. Where the Sheriff did not receive the

full balance due on sale, such funds were not collected. The cost sheets and receipts/checks

referenced are writings which speak for themselves and the Sheriff denies any characterization,

summary or interpretation of their text or effect inconsistent with the plain meaning of their text

or contrary to the legal effect provided by law.

71. Denied. The Sheriff has paid more than $513,000 towards the approximately

$522,000 in pre-foreclosure municipal liens . The remaining liens have not been paid because the

Sheriff does not have record that it has received the full balance due on sale of those properties at

sheriff’s sale.

72. Admitted in part, denied in part. Admitted only that there are certain unpaid tax

and municipal claims pre-dating the foreclosure sales concerning 1502 Harrison Street, 2424 E.

Case ID: 140801273

of 14

Firth Street, 2605 Gerritt Street, and 1428 S. Marston Street. All other municipal claims pre-

dating the foreclosure sales have been paid.


information sufficient to form a belief as the truth of whether Plaintiffs’ abilities to sell the

properties has been hindered. The remaining averments are conclusions of law and thus require

no responsive pleading from the Sheriff.

74. Denied in part, admitted in part. The majority of accounts have been listed as

satisfied. There are certain outstanding judgments for gas liens that have not been satisfied.



76. Denied in part, admitted in part. Admitted only that certain interest, fees, and

costs may be listed as having accrued in certain of The City of Philadelphia’s accounting records.

The remaining averments are denied. The municipal liens towards which the Sheriff distributed

approximately $513,000 have been discharged, or will be discharged, without the payment of

interest, fees, or costs. The City’s records may reflect accrued interest, fees, and costs concerning

the remaining approximately $9,000 in liens. After reasonable investigation, the Sheriff is

without knowledge or information sufficient to form a belief as the truth of whether “Plaintiffs

have been unable to sell certain of the properties without paying the pre-foreclosure balances

twice. Plaintiffs have also been required to obtain assistance of counsel in enforcing its rights

herein” Whether “Plaintiffs been damaged as a result of the Sheriff’s actions in an amount to be

determined at trial which is estimated to exceed $50,000.00” is a conclusion of law for which no

responsive pleading is required

Case ID: 140801273

of 14

Respectfully submitted,

CITY OF PHILADELPHIA

LAW DEPARTMENT

Date: December 8, 2014 /s/ Robert. D. Aversa

Robert D. Aversa, Deputy City Solicitor

Daniel J. Auerbach, Assistant City Solicitor

Attorney I.D. Nos. 66619, 316856

Attorneys for Def., Jewell Williams

Case ID: 140801273

Case ID: 140801273

vfc properties vs. sheriff jewell williams - jewell williams' answer to complaint

Documents