Suit seeks to void sheriff sale; says current sheriff not legal

A candidate in next week's primary election for sheriff filed a lawsuit in U.S. District Court last week seeking to void all mortgage-foreclosure sales conducted under acting Sheriff Barbara Deeley.

The suit, which names as its plaintiffs Democratic candidate Jacque Whaumbush and former West Philadelphia homeowner Glenda Sanders, seeks an order from the court declaring that Deeley "is not, and never was, the Sheriff or 'Acting Sheriff' " of Philadelphia and overturning the sheriff sale held April 5.

The suit claims that the sale shouldn't be recognized because Deeley was never confirmed by the state Senate after she took over the office on an interim basis to fill in for Sheriff John Green, who retired in December.

Then Gov.-Ed Rendell nominated Deeley on Jan. 3, but Gov. Corbett withdrew her nomination on March 4.

Ken Smuckler, a spokesman for the Sheriff's Office, said last night that Deeley had yet to be served with the complaint.

"We have not had an opportunity to discuss this with the city's Law Department and until we have an opportunity to discuss this with the city's Law Department, we will not be discussing this lawsuit," Smuckler said.

A spokesman for Mayor Nutter also said the city wouldn't comment because it has yet to be served with the lawsuit.

Common Pleas Court placed a moratorium on sheriff sales late last year until President Judge Pamela Pryor Dembe gave the go-ahead to start them again in April.