North Coventry Township v. Tripodi
2013 Pa. Commw. LEXIS 50
| Pa. Commw. Ct. | 2013Background
- Tripodi appeals a Chester County order granting distribution of her supersedeas bond to North Coventry Township (Township) for the 2009 contempt judgment and challenges a municipal lien for fees and costs (April 5, 2012).
- The 2009 contempt judgment awarded $46,581.96 to the Township for fees and for a master’s fees; the judgment allowed future fees to be a lien on the property.
- Tripodi posted a supersedeas bond of $55,896.36 (120% of the judgment) in a separate appeal and later disputes the bond distribution.
- Township filed a claim for additional post-judgment fees (April 5, 2012) and sought payment from the supersedeas bond; the prothonotary placed a $14,304 municipal lien.
- The April 6, 2012 order directed payment of the judgment amount from the bond and partially satisfied the lien, but left unresolved issues require remand; Tripodi appeals both the April 5 lien entry and the April 6 distribution order.
- The court ultimately quashed the municipal lien appeal and affirmed the bond distribution to cover the judgment, but vacated any remaining bond amount authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the municipal lien appeal is properly before the court | Tripodi argues the lien entry was appealable | Township contends no direct appeal exists from a municipal lien | Appeal from the municipal lien is quashed |
| Whether the lien procedure and scire facias process were properly invoked | Tripodi claims improper invo cation and lack of defenses | Township asserts exclusive Act procedures govern challenges to liens | Proper remedy is scire facias, not direct appeal |
| Whether the bond distribution correctly paid the 2009 judgment from the supersedeas bond | Bond should pay the 2009 judgment amount and interest; excess not recoverable yet | Bond could also satisfy post-judgment municipal claim only after scire facias adjudication | affirmed to pay $46,581.96 plus interest and costs; remainder vacated and remanded for interest/costs determination |
Key Cases Cited
- Shapiro v. Ctr. Twp., 159 Pa.Cmwlth. 82, 632 A.2d 994 (Pa.Cmwlth. 1993) (municipal lien arises by operation of law; challenges via Act procedures)
- Regenbogen, 713 A.2d 145 (Pa.Cmwlth. 1998) (no direct appeal from entry of municipal lien; must use scire facias)
- Newberry Twp. v. Stambaugh, 848 A.2d 173 (Pa.Cmwlth. 2004) (scire facias purposes; warning owner of claim)
- Hanover Foods Corp., 847 A.2d 219 (Pa.Cmwlth. 2004) (judgment on municipal claim determined in scire facias)
- City of Easton v. Marra, 862 A.2d 170 (Pa.Cmwlth. 2004) (exclusive statutory method governs municipal lien disputes)
- Grimme Combustion, Inc. v. Mergentime Corp., 867 A.2d 602 (Pa.Super. 2005) (supersedeas bond includes costs, interest, damages for delay)