Coudriet v. Township of Benzinger

Opinion by

Judge Crumlish,

The township of Benzinger, a second class township in Elk County, filed a municipal lien against the property of Morris and Mary Coudriet, t/a St. Marys Used Car Center (Appellants) in the sum of $216.00 plus a five per cent penalty. Township then caused a writ of scire facias sur municipal lien to issue against Appellants.1

In their Affidavit of Defense, Appellants contended that (1) the writ is improperly captioned because they had never been associated trading as St. Marys Used Car Center; (2). the township, as a use-plaintiff, failed to comply with Section 10 of…