VFC Properties vs. Sheriff Jewell Williams - Complaint

Christopher P. Schueller (Pa. Id. No.
92746)
Mark Pfeiffer (Pa. Id. No. 76245)
Kelly M. Neal (Pa. Id. No. 306473)
BUCHANAN INGERSOLL & ROONEY PC
Two Liberty Place
50 S. 16th St., Suite 3200
Philadelphia, PA 19102-2555
Tel: (215) 665-8799
Fax: (215) 665-8760
Filed and Attested by

PROTHONOTARY
11 AUG 2014 03:28 pm
D. SAVAGE
Attorneys for Plaintiffs, VFC Properties 18 LLC and VFC Properties 20 LLC
VFC PROPERTIES 20 LLC and VFC PROPERTIES IN THE COURT OF COMMON PLEAS
18 LLC,
PHILADELPHIA COUNTY,
PENNSYLVANIA
Plaintiffs,
v.
CIVIL ACTION NO.
JEWELL WILLIAMS, PHILADELPHIA COUNTY

SHERIFF,
Defendant.
COMPLAINT IN MANDAMUS
NOW COME the Plaintiffs, VFC Properties 18 LLC (VFC Properties 18) and VFC
Properties 20 LLC (VFC Properties 20), by and through their undersigned counsel, and file the
within Complaint in Mandamus against Jewell Williams, Philadelphia County Sheriff and in
support thereof, aver as follows:
INTRODUCTION
1.
Plaintiffs are filing the within action in an effort to finalize the sheriffs sale of
eleven properties located in Philadelphia County. Each of the properties was sold at a sheriffs
sale held by the office of the Sheriff of Philadelphia County (Sheriff) in 2012-2013. At the
time of the sales, each property was burdened by significant real estate tax and municipal claims.
Case ID: 140801273
In connection with the sales, the Plaintiffs deposited over $680,000.00 with the Sheriffs office
to clear these liens and claims and to pay the Sheriffs costs and fees in connection with the
sales. Now, more than a year after the most recent sale, the Sheriff has not distributed these
funds to the respective taxing bodies and municipal authorities. As a result, Plaintiffs have
received a constant stream of default notices, the properties are becoming subject to tax
receiverships, and Plaintiffs are unable to market and sell the properties due to the burdens on
title without paying the taxes and costs a second time. For certain of the properties, Plaintiffs
were required to pay the taxes and claims twice once to the Sheriff before taking title to the
properties through the sheriffs sales, and a second time prior to Plaintiffs sale of the properties.
Despite Plaintiffs best efforts to resolve these issues with the Sheriff consensually, no progress
has been made. It is clear that judicial intervention is needed.
PARTIES, JURISDICTION, AND VENUE
2.
Plaintiff VFC Properties 18 is a Delaware limited liability company with an
address of 6400 Imperial Drive, Waco, Texas 76712.

3.
Plaintiff VFC Properties 20 is a Delaware limited liability company with an
address of 6400 Imperial Drive, Waco, Texas 76712.

4.
Defendant Jewell Williams, Philadelphia County Sheriff, is an elected official in
Philadelphia County with an office located at 100 S. Broad Street, Philadelphia, Pennsylvania
19110.
BACKGROUND
5.
In 2012 and 2013, the Sheriffs office sold the following properties (collectively,
the Properties) at its regularly-scheduled sheriffs sale(s):
Case ID: 140801273
Book No., Writ No.,

Sale Date
Book No. 1302
Writ 711A-D
Sale Date: May 7, 2013
Book No. 1302
Writ 711A-D
Book No. 1302
Writ 711A-D
Book No. 1302
Writ 711A-D
Book No. 1303
Writ 633
Book No. 1303
Writ 634
Book No. 1208
Writ 476
Sale Date: Sep. 11, 2012
Book No. 1211
Writ 678
Sale Date: Nov. 13, 2012
Book No. 1211
Writ 720
Book No. 1211
Writ 721A
Book No. 1211
Writ 721B
6.
Property Address
Purchaser/Lender
236 Harvey Street
VFC Properties 18
Deposits Paid to
Sheriff
$39,700.75
242 Harvey Street
VFC Properties 18
$35,919.00
408 W. Chelten Ave
VFC Properties 18
$22,750.48
410 W. Chelten Ave.
VFC Properties 18
$19,893.33
3510-30 Scotts Lane
VFC Properties 20
$412,509.12
4328-42 Ridge Ave.
VFC Properties 20
$113,870.15
329 N. Preston Street
VFC Properties 20
$6,615.41
1502 Harrison Street
VFC Properties 20
$20,274.52
2424 Firth Street
VFC Properties 20
$7,829.60
2605 Gerritt Street
VFC Properties 20
$4,431.56
1428 S. Marston Street
VFC Properties 20
$5,023.60
At the time of the sales, each of the Properties was burdened with significant
taxes and municipal claims, including real estate taxes, Philadelphia Gas Works (PGW)
expenses, and water rents. Prior to issuing deeds to each of the Properties, the Sheriff required
Plaintiffs to provide funds sufficient to pay these expenses, among other things.
Case ID: 140801273
7.
However, despite having paid nearly $700,000.00 to the Sheriff, upon information
and belief, the Sheriff has not distributed these funds to the various taxing bodies and municipal
authorities to repay these claims.
8.
Plaintiffs have received numerous delinquency notices relating to, among other
things, unpaid real estate taxes, PGW expenses, and water rents.
9.
Plaintiffs have attempted to explain to the taxing bodies and municipal authorities
that the Properties were sold at foreclosure sale and that the funds they seek were paid, and are
being held by the Sheriff. However the municipal authorities have refused to satisfy the liens
and accounts.
A.
236 Harvey Street, 242 Harvey Street. 408 W. Chelten, 410 W. Chelten
(collectively, the Harvey Street and Chelten Avenue Properties)
10.
The Harvey Street and Chelten Avenue Properties were sold at one auction on
May 7, 2013. A copy of the Sheriffs Deed for the Harvey Street and Chelten Avenue Properties
is attached as Exhibit A.
11.
VFC Properties 18 paid a total of $118,263.56 to the Sheriff in connection with
the foreclosure sale of the Harvey Street and Chelten Avenue Properties. The Sheriffs cost
sheets and receipts reflecting this payment are attached hereto as Exhibit B.
12.
Although, upon information and belief, the expenses were paid for the property
located at 236 Harvey Street, the remainder of the funds have not been distributed to pay taxes or
municipal claims for the 242 Harvey Street property or the Chelten Avenue Properties.
13.
VFC Properties 18 has been cited by the Real Estate Tax Department of
Philadelphia County, Philadelphia Gas Works, City of Philadelphia Waste Collection Fee Unit,
and the Philadelphia Department of Streets for pre-foreclosure delinquencies. The Harvey Street
4
Case ID: 140801273
and Chelten Avenue Properties have been threatened with the appointment of a sequestrator to
collect taxes. Samples of default notices are attached hereto as Exhibit C.
14.
VFC Properties 18 has been unable to market and sell the Harvey Street and
Chelten Avenue Properties as a result of the unpaid tax liens and municipal claims.
15.
On multiple occasions, VFC Properties 18 made demand on the Sheriff to
distribute the sale proceeds in order to pay claims relating to the Harvey Street and Chelten
Avenue Properties. True and correct copies of examples of such demands are attached hereto as
Exhibit D.
16.
To date, the claims have not been paid. Penalties and late charges have accrued
on the unpaid balances.

17.
VFC Properties 18 has been damaged as a result of the Sheriffs actions.
B.
3510-30 Scotts Lane (the Scotts Lane Property)
18.
The Scotts Lane Property was sold at sheriffs auction on May 7, 2013. A copy of
the Sheriffs Deed for the Scotts Lane Property is attached as Exhibit E.
19.
VFC Properties 20 paid a total of $412,509.12 to the Sheriff in connection with
the foreclosure sale of the Scotts Lane Property. The Sheriffs cost sheet and receipts/checks
reflecting this payment are attached hereto as Exhibit F.
20.
Upon information and belief, although VFC Properties 20 paid the Sheriff an
adequate amount, the Sheriff did not distribute funds sufficient to pay taxes or municipal claims
for the Scotts Lane Property.
21.
As a result of the pre-foreclosure unpaid real estate account balance, the City of
Philadelphia and School District of Philadelphia have filed a Petition for the Appointment of a
Sequestrator under 53 P.S. 7275 seeking the appointment of a sequestrator to collect rents from
5
Case ID: 140801273
the Scotts Lane Property.
That action is pending at TLD No. RL01283328 and a copy of the
petition is attached hereto as Exhibit G.

22.
Upon information and belief, PGW expenses and water rents may remain
unsatisfied for pre-foreclosure periods as well.

23.
VFC Properties 20 has been unable to market and sell the Scotts Lane Property as
a result of the unpaid tax liens and municipal claims.

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.
The Ridge Avenue Property was sold at sheriffs auction on May 7, 2013. A copy
of the Sheriffs Deed for the Ridge Avenue Property is attached as Exhibit H.
27.
VFC Properties 20 paid a total of $113,870.15 to the sheriff in connection with
the foreclosure sale of the Ridge Avenue Property. The Sheriffs cost sheet and receipts/checks
reflecting this payment are attached hereto as Exhibit I.
28.
for the Ridge Avenue Property.
29.
The City of Philadelphia and School District of Philadelphia have threatened to
file a Petition for the Appointment of a Sequestrator to collect rents from the Ridge Avenue
Property to satisfy pre-foreclosure real estate taxes that remain unpaid. A notice evidencing this
threat is attached as Exhibit J.
6
Case ID: 140801273
30.
adequate amount, PGW expenses and water rents may remain unsatisfied for pre-foreclosure
periods as well.
31.
VFC Properties 20 has been unable to market and sell the Ridge Avenue Property
as a result of the unpaid tax liens and municipal claims.

32.

33.
D.
329 N. Preston Street (the Preston Street Property)
34.
The Preston Street Property was sold at sheriffs auction on September 11, 2012.
A copy of the Sheriffs Deed for the Preston Street Property is attached as Exhibit K.
35.
VFC Properties 20 paid a total of $6,615.41 to the Sheriff in connection with the
foreclosure sale of the Preston Street Property. The Sheriffs cost sheet and receipts/checks
reflecting this payment are attached hereto as Exhibit L.
36.
for the Preston Street Property.
37.
On or about January 31, 2013, VFC Properties 20 sold the Preston Street Property
to a third party. In order to close the sale of the Preston Street Property, VFC Properties 20 was
required to pay, among other things, $1,551.26 to satisfy unpaid real estate taxes that remained
as a lien on the Preston Street Property, despite VFC Properties 20 having already paid these
amounts to the Sheriff on or before the closing of the sheriffs sale.
Case ID: 140801273
38.
VFC Properties 20 filed an appeal petition for a refund of real estate taxes with
respect to the Preston Street Property, in the amount of $1,551.26. A true and correct copy of the
refund petition(s) is attached as Exhibit M.
39.
In addition, upon information and belief, the Sheriff improperly calculated city
transfer taxes in connection with the sale of the Preston Street Property. VFC Properties 20 has
filed a refund petition in connection with the overpaid transfer taxes. A true and correct copy of
the refund petition is attached as Exhibit N.
40.
To date, the deposits have not been distributed and excess transfer taxes have not
been returned.
41.
E.
1502 Harrison Street (the Harrison Street Property)
42.
The Harrison Street Property was sold at sheriffs auction on November 13, 2012.
A copy of the Sheriffs Deed for the Harrison Street Property is attached as Exhibit O.
43.
VFC Properties 20 paid a total of $20,274.52 to the sheriff in connection with the
foreclosure sale of the Harrison Street Property. The Sheriffs cost sheet and receipts/checks
reflecting this payment are attached hereto as Exhibit P.
44.
On or about September 30, 2013, VFC Properties 20 sold the Harrison Street
Property to a third party.
In order to close the sale of the Harrison Street Property, VFC
Properties 20 was required to pay over $4,047.13 to satisfy unpaid water rents prior to closing
and at closing.
VFC Properties 20 was also required to pay PGW expenses at the time of the
sale.
45.
Upon information and belief, the Sheriff is holding the check for real estate taxes
and municipal claims relating to the Harrison Street Property. VFC Properties 20s records
8
Case ID: 140801273
indicate that the Sheriff did not cash the check for these real estate taxes and municipal claims
relating to the Harrison Street Property.
46.
On multiple occasions, VFC Properties 20 made demand on the Sheriff to return
the deposits relating to the Harrison Street Property. True and correct copies of examples of
such demands are attached hereto as Exhibit Q.
47.
VFC Properties 20 filed an appeal petition for a refund in the amount of $4,047.13
for water rents paid prior to closing, which petition is pending. A true and correct copy of the
refund petition is attached as Exhibit R.
48.
transfer taxes in connection with the sale of the Harrison Street Property. VFC Properties 20 has
the refund petition is attached as Exhibit S.
49.
To date, the deposits and excess transfer taxes have not been returned.
50.
F.
2424 E. Firth Street (the Firth Street Property)
51.
The Firth Street Property was sold at sheriffs auction on November 13, 2012. A
copy of the Sheriffs Deed for the Firth Street Property is attached as Exhibit T.
52.
foreclosure sale of the Firth Street Property.
The Sheriffs cost sheet and receipts/checks
reflecting this payment are attached hereto as Exhibit U.

53.
Despite these payments, distribution of the funds paid by VFC Properties 20 on
account of the tax and/or municipal authority claims was never made by the Sheriff. VFC
Case ID: 140801273
Properties 20 subsequently paid at least $3,912.34 to satisfy unpaid, pre-foreclosure real estate
taxes, PGW expenses, and water rents for the Firth Street Property.
54.
and municipal claims relating to the Firth Street Property. VFC Properties 20s records indicate
that the Sheriff did not cash the check for these real estate taxes and municipal claims relating to
the Firth Street Property.
55.
On or about November 5, 2013, VFC Properties 20 sold the Firth Street Property.
Due to unpaid water rents, VFC Properties 20 was required to escrow amounts for water.
56.
the deposits relating to the Firth Street Property. True and correct copies of examples of such
demands are attached hereto as Exhibit V.
57.
transfer taxes in connection with the sale of the Firth Street Property. VFC Properties 20 has
the refund petition is attached as Exhibit W.
58.
59.
G.
2605 Gerritt Street & 1428 S. Marston Street (the Gerritt & Marston Street
Properties)
60.
The Gerritt and Marston Street Properties were sold at sheriffs auction on
November 13, 2012. A copy of the Sheriffs Deed for the Gerritt & Marston Street Properties is
attached as Exhibit X.
10
Case ID: 140801273
61.
foreclosure sale of the Gerritt and Marston Street Properties. The Sheriffs cost sheet and
receipts/checks reflecting this payment are attached hereto as Exhibit Y.
62.
Despite these payments, distribution was never made by the Sheriff.
VFC
Properties 20 subsequently paid at least $3,332.35 to satisfy unpaid, pre-foreclosure real estate
taxes, PGW expenses, and water rents for the Gerritt and Marston Street Properties.
63.
and municipal claims relating to the Gerritt and Marston Street Properties. VFC Properties 20s
records indicate that the Sheriff did not cash the check for these real estate taxes and municipal
claims relating to the Gerritt and Marston Street Properties.
64.
the deposits relating to the Gerritt and Marston Street Properties. True and correct copies of
examples of such demands are attached hereto as Exhibit Z.
65.
transfer taxes in connection with the sale of the Gerritt and Marston Street Properties. VFC
Properties 20 has filed a refund petition in connection with the overpaid transfer taxes. A true
and correct copy of the refund petition is attached as Exhibit AA.
66.
67.

COUNT I
68.
Plaintiffs incorporate all prior allegations as if set forth herein.
69.
Under 53 P.S. 7105, the Sheriff is required to collect funds from the purchaser at
a foreclosure sale and distribute those funds to the appropriate taxing bodies.
11
Case ID: 140801273
70.
As reflected by the cost sheets and receipts/checks attached hereto, the Sheriff
collected funds for, among other things, current and delinquent real estate taxes, water rents, and
PGW expenses from the Plaintiffs.
71.
Despite Plaintiffs numerous requests, the Sheriff has not distributed these
amounts as required by law.

72.
As a result, the Properties remain encumbered by past-due, pre-foreclosure tax
and municipal claim balances, for which the Plaintiffs paid the Sheriff.
73.
Plaintiff has a direct interest in this action because the refusal of the Sheriff to
distribute these expenses has resulted in continued encumbrances on Plaintiffs titles to the
Properties, and has hindered Plaintiffs abilities to sell the Properties.
74.
Moreover, the taxing bodies and municipal authorities have refused to mark the
accounts as satisfied as a result of the foreclosure sale.

75.
Plaintiff has no other adequate remedy at law, and unless the Sheriff is required to
distribute these funds to settle these accounts, Plaintiff will suffer irreparable harm.
76.
In addition, interest, fees, and costs have accrued on pre-foreclosure balances.
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. 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.
WHEREFORE, Plaintiffs VFC Properties 18 LLC and VFC Properties 20 LLC
respectfully request that this Court enter an Order:
(a) with respect to the Harvey Street and Chelten Avenue Properties, directing the
Sheriff to distribute funds in its possession in full satisfaction of real estate
12
Case ID: 140801273
taxes, PGW expenses, and water rents and expenses for which the Sheriff
collected funds from the Plaintiff and any other municipal claims for which
the Sheriff is responsible;
(b) with respect to the Scotts Lane Property, directing the Sheriff to distribute
funds in its possession in full satisfaction of real estate taxes, PGW expenses,
and water rents and expenses for which the Sheriff collected funds from the
Plaintiff and any other municipal claims for which the Sheriff is responsible;
(c) with respect to the Ridge Avenue Property, directing the Sheriff to distribute
funds in its possession in full satisfaction of real estate taxes, PGW expenses,
and water rents and expenses for which the Sheriff collected funds from the
Plaintiff and any other municipal claims for which the Sheriff is responsible;
(d) with respect to the Preston Street Property, directing the Sheriff to refund all
proceeds collected for real estate taxes and water rents to the Plaintiff VFC
Properties 20;
(e) with respect to the Harrison Street Property, directing the Sheriff to refund all
proceeds collected for real estate taxes, PGW expenses, water rents, and
excess transfer taxes to the Plaintiff VFC Properties 20 or, alternatively,
permitting the Plaintiff VFC Properties 20 to cancel the check provided to the
Sheriff for payment of these expenses;
(f) with respect to the Firth Street Property, directing the Sheriff to refund all
proceeds collected for real estate taxes, PGW expenses, water rents, and
excess transfer taxes to the Plaintiff VFC Properties 20 or, alternatively,
13
Case ID: 140801273
permitting the Plaintiff VFC Properties 20 to cancel the check provided to the
Sheriff for payment of these expenses;
(g) with respect to the Gerritt and Marston Street Properties, directing the Sheriff
to refund all proceeds collected for real estate taxes, PGW expenses, water
rents, and excess transfer taxes to the Plaintiff VFC Properties 20 or,
alternatively, permitting the Plaintiff VFC Properties 20 to cancel the check
provided to the Sheriff for payment of these expenses;
(h) With respect to all Properties, declaring that, upon the Sheriffs distribution,
all taxes, PGW expenses, and water rents and expenses for which the Sheriff
was responsible to pay through the Sheriffs sales have been paid in full and
that Plaintiffs are not responsible for post-foreclosure interest or penalties
relating to amounts that were paid or should have been paid by the Sheriff;
(i) Declaring that all Properties were transferred by the Sheriff free and clear of
all taxes, liens, and municipal claims accrued prior to the date of the sheriffs
deeds conveying the Properties to the Plaintiffs;
(j) Entering judgment against the Sheriff for losses incurred due to the lost sales
of the Properties, in an amount to be determined at trial, and for the reasonable
costs and expenses incurred by Plaintiffs in connection with Plaintiffs efforts
to remedy the Sheriffs inaction; and
(k) Such other and further relief as is just and proper.
14
Case ID: 140801273
Respectfully submitted,
BUCHANAN INGERSOLL & ROONEY PC
Dated: August 11, 2014
/s/ Mark Pfeiffer

Christopher P. Schueller (PA ID 92746)
Mark Pfeiffer (PA ID 76245)
Kelly M. Neal (PA ID 306473)
Two Liberty Place
16th St., Suite 3200
Philadelphia, PA 19102-2555
Tel: (215) 665-8700
Fax: (215) 665-8760
Attorneys for VFC Properties 18 LLC and
VFC Properties 20 LLC
15
Case ID: 140801273

VFC Properties vs. Sheriff Jewell Williams - Complaint

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VFC Properties vs. Sheriff Jewell Williams - Complaint

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Christopher P. Schueller (Pa. Id. No.

Filed and Attested by

CIVIL ACTION NO.

JEWELL WILLIAMS, PHILADELPHIA COUNTY

Case ID: 140801273

Plaintiff VFC Properties 18 is a Delaware limited liability company with an

address of 6400 Imperial Drive, Waco, Texas 76712.

Plaintiff VFC Properties 20 is a Delaware limited liability company with an

address of 6400 Imperial Drive, Waco, Texas 76712.

Defendant Jewell Williams, Philadelphia County Sheriff, is an elected official in

the Properties) at its regularly-scheduled sheriffs sale(s):

Case ID: 140801273

Book No., Writ No.,

236 Harvey Street

242 Harvey Street

408 W. Chelten Ave

410 W. Chelten Ave.

3510-30 Scotts Lane

4328-42 Ridge Ave.

329 N. Preston Street

1502 Harrison Street

2424 Firth Street

2605 Gerritt Street

1428 S. Marston Street

Case ID: 140801273

VFC Properties 18 paid a total of $118,263.56 to the Sheriff in connection with

Case ID: 140801273

On multiple occasions, VFC Properties 18 made demand on the Sheriff to

on the unpaid balances.

VFC Properties 18 has been damaged as a result of the Sheriffs actions.

3510-30 Scotts Lane (the Scotts Lane Property)

VFC Properties 20 paid a total of $412,509.12 to the Sheriff in connection with

Case ID: 140801273

the Scotts Lane Property.

That action is pending at TLD No. RL01283328 and a copy of the

petition is attached hereto as Exhibit G.

unsatisfied for pre-foreclosure periods as well.

a result of the unpaid tax liens and municipal claims.

on the unpaid balances.

VFC Properties 20 has been damaged as a result of the Sheriffs actions.

VFC Properties 20 paid a total of $113,870.15 to the sheriff in connection with

The City of Philadelphia and School District of Philadelphia have threatened to

Case ID: 140801273

as a result of the unpaid tax liens and municipal claims.

on the unpaid balances.

VFC Properties 20 has been damaged as a result of the Sheriffs actions.

329 N. Preston Street (the Preston Street Property)

Case ID: 140801273

VFC Properties 20 has been damaged as a result of the Sheriffs actions.

1502 Harrison Street (the Harrison Street Property)

Property to a third party.

In order to close the sale of the Harrison Street Property, VFC

Case ID: 140801273

On multiple occasions, VFC Properties 20 made demand on the Sheriff to return

VFC Properties 20 has been damaged as a result of the Sheriffs actions.

2424 E. Firth Street (the Firth Street Property)

foreclosure sale of the Firth Street Property.

The Sheriffs cost sheet and receipts/checks

reflecting this payment are attached hereto as Exhibit U.

Despite these payments, distribution of the funds paid by VFC Properties 20 on

Case ID: 140801273

On multiple occasions, VFC Properties 20 made demand on the Sheriff to return

VFC Properties 20 has been damaged as a result of the Sheriffs actions.

Case ID: 140801273