Township of Cain v. Tomaski

OTT, /.,

The matter before the court is the validity of an affidavit of defense filed by Richard Tomaski Jr., to a writ of scire facias sur municipal claim of the Township of Cain.

The facts of the case are not in dispute. Mr. Tomaski purchased the property at a sheriff’s sale for an execution *541of judgment for 1989 street light and sewer assessments due to the delinquency of the prior owners of the property. The lien which is now in dispute is a composite of the portion of the lien that caused the sheriff’s sale, which portion was not discharged by the sale because the proceeds of the sale were…