Benzinger Twp. Authority v. West Penn Power Co.

GREINER, P.J.,

— Defendant, West Penn Power Company (West Penn) seeks dismissal of scire facias sur municipal claim of plaintiff, Benzinger Township Authority (authority) and that Municipal Lien no. 81-144 of the authority in the amount of $2,563 plus accrued interest be stricken.

Plaintiff is a municipal authority created by the supervisors of Benzinger Township, a Second Class Township, for the express purpose of constructing a sanitary sewer system in designated areas of the township. Defendant is a public utility as defined in the Public Utility Code, 66 Pa.C.S. § 101 et seq., providing…