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
robert.aversa@phila.gov
Attorneys for Defendant
VFC PROPERTIES 20 LLC, et al.

Plaintiff
PHILADELPHIA COUNTY
COURT OF COMMON PLEAS
v.
JEWELL WILLIAMS,
PHILADELPHIA COUNTY SHERIFF
Defendant.
:
:
:
:
:
:
:
:
Filed and Attested by

PROTHONOTARY
08 DEC 2014 04:31 pm
Civil Action
August Term, 2014
No. 1273
ANSWER
Defendant, Jewell Williams (the Sheriff), through his counsel in the Law Department,
answers Plaintiffs Complaint in Mandamus (the Complaint) as follows:
INTRODUCTION
1.
Admitted in part, denied in part. Admitted only that: (1) the properties were sold
at sheriffs sales held by the Sheriff in 2012 and 2013; and (2) at the time of the sheriffs 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 sheriffs 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 sheriffs sales
Case ID: 140801273
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 18s 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 20s 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, 351030 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

Page 2 of 14
Case ID: 140801273
(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 sheriffs 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.
Page 3 of 14
Case ID: 140801273
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.

1315. 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 351030 Scotts Lane was
sold at sheriffs auction on May 7, 2013. The remaining averments are denied. The sheriffs 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.
19.
paid by or on behalf of VFC Properties 20 to the Sheriff in connection with the foreclosure sale
Page 4 of 14
Case ID: 140801273
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.
20.
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
351030 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.
23.
information sufficient to form a belief as to the truth of the averments contained in Paragraph 23
of the Complaint.
Page 5 of 14
Case ID: 140801273
24.

25.

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.
27.
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.
28.
rents concerning 4328-42 Ridge Avenue.

29.
of the Complaint.
Page 6 of 14
Case ID: 140801273
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.
31.
of the Complaint.
32.

33.

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 sheriffs auction on September 11, 2012. The remaining averments are denied. The
sheriffs 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
Page 7 of 14
Case ID: 140801273
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.

37.
of the Complaint.
38.
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 Sheriffs 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.
41.
Page 8 of 14
Case ID: 140801273
E.
1502 Harrison Street (the Harrison Street Property)
42.
Admitted in part, denied in part. Admitted only that 1502 Harrison Street was sold
at sheriffs auction on November 13, 2012. The remaining averments are denied. The sheriffs
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 sheriffs sale of 1502 Harrison Street. The
document attached as Exhibit P to the Complaint is a writing which speaks for itself and the
44.
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 sheriffs 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 20s 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.
50.

Page 9 of 14
Case ID: 140801273
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 sheriffs auction on November 13, 2012. The remaining averments are denied. The sheriffs
deed for this property is a writing which speaks for itself and the Sheriff denies any
52.
towards the amounts due to the Sheriff concerning the sheriffs 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 sheriffs 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 5458 of the Complaint.
59.

Page 10 of 14
Case ID: 140801273
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 sheriffs auction on November 13, 2012. The remaining
averments are denied. The sheriffs 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.
61.
towards the amounts due to the Sheriff concerning the sheriffs 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 sheriffs 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.
Page 11 of 14
Case ID: 140801273

information sufficient to form a belief as the truth of the averments contained in Paragraphs 64
66 of the Complaint.
67.

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 Sheriffs 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
sheriffs 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.
Page 12 of 14
Case ID: 140801273
Firth Street, 2605 Gerritt Street, and 1428 S. Marston Street. All other municipal claims predating the foreclosure sales have been paid.
73.
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.
75.

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 Philadelphias 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 Citys 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 Sheriffs 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
Page 13 of 14
Case ID: 140801273
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
Page 14 of 14
Case ID: 140801273
Case ID: 140801273

VFC Properties vs. Sheriff Jewell Williams - Jewell Williams' Answer To Complaint

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

VFC Properties vs. Sheriff Jewell Williams - Jewell Williams' Answer To Complaint

Uploaded by

Copyright:

Available Formats

CITY OF PHILADELPHIA LAW DEPARTMENT

SHELLEY R. SMITH, CITY SOLICITOR

Attorneys for Defendant

VFC PROPERTIES 20 LLC, et al.

Filed and Attested by

Case ID: 140801273

1502 Harrison Street: approximately $2,307

2424 Firth Street: approximately $1,845

Case ID: 140801273

2605 Gerritt Street: approximately $2,345

1428 S. Marston Street: $0

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

Case ID: 140801273

rents concerning these properties.

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

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

responsive pleading from the Sheriff.

3510-30 Scotts Lane (the Scotts Lane Property)

Case ID: 140801273

rents concerning 3510-30 Scotts Lane.

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

Case ID: 140801273

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

Denied. Paragraph 25 states only conclusions of law and thus requires no

responsive pleading from the Sheriff.

rents concerning 4328-42 Ridge Avenue.

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

Case ID: 140801273

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

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

Denied. Paragraph 33 states only conclusions of law and thus requires no

responsive pleading from the Sheriff.

329 N. Preston Street (the Preston Street Property)

Case ID: 140801273

concerning 329 N. Preston Street.

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

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

Denied. Paragraph 41 states only conclusions of law and thus requires no

responsive pleading from the Sheriff.

Case ID: 140801273

1502 Harrison Street (the Harrison Street Property)

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

Denied. Paragraph 50 states only conclusions of law and thus requires no

responsive pleading from the Sheriff.

Case ID: 140801273

2424 E. Firth Street (the Firth Street Property)

Denied. Paragraph 59 states only conclusions of law and thus requires no

responsive pleading from the Sheriff.

Case ID: 140801273

Case ID: 140801273

6466. Denied. After reasonable investigation, the Sheriff is without knowledge or

Denied. Paragraph 67 states only conclusions of law and thus requires no

responsive pleading from the Sheriff.

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

if fully set forth herein.

Case ID: 140801273

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

Denied. Paragraph 75 states only conclusions of law and thus requires no

responsive pleading from the Sheriff.

Case ID: 140801273

/s/ Robert. D. Aversa

Case ID: 140801273

Case ID: 140801273