Appeal, No. 86, Cot. T., 1961, from order of Municipal Court of Philadelphia County, Nov. T., 1958, No. 1669, in case of Alice Bianco v. Louis Pullo et al. Order affirmed.
Romolo J. Dicintio, with him Edward W. Furia, and Furia & DiCintio, for appellant.
Arnold F. diSilvestro, with him diSilvestro & diSilvestro, for appellee.
Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.
[ 195 Pa. Super. Page 624]
OPINION BY MONTGOMERY, J.
This is an appeal by Alice Bianco, plaintiff, from an order granting the prayer of garnishee's petition to show cause why judgment obtained by Alice Bianco against the garnishee by default should not be opened and the garnishee let into a defense.
[ 195 Pa. Super. Page 625]
The plaintiff, Alice Bianco, obtained a judgment against the defendant, Louis F. Pullo, an undertaker, entered September 15, 1954 in the amount of $1,787.63 on a judgment note given her by the defendant for a loan.
On May 21, 1954, said defendant instituted suit against Michelina Dramis, for alleged nonpayment of a funeral bill incurred because of the burial of her son. The defendant was represented by Albert S. Herskowitz, Esquire. No answer was filed by Michelina Dramis and Pullo obtained on June 15, 1954, a judgment in the sum of §§ 1,094.32.
On September 15, 1954, the plaintiff, Alice Bianco, issued a writ of attachment execution naming Michelina Dramis as garnishee. Interrogatories were filed on October 14, 1954, and on August 17, 1956, judgment was entered against Michelina Dramis in the sum of $1,787.63 for failure to file answers to the interrogatories. Michelina Dramis died on September 24, 1956, and Alexander Morrone was appointed executor of her estate.
On June 3, 1957, the executor filed a petition and rule to show cause why the judgment entered against the decedent should not be opened, alleging fraud committed by Pullo who had received payment in full from Michelina Dramis. Plaintiff Alice Bianco, the judgment creditor of Pullo, intervened to oppose the rule. Depositions were taken of Pullo who testified that he had in fact been paid in full but that he had deceived his attorney, mr. Herskowitz, and obtained a loan through Herskowitz on the strength of the lawsuit instituted against Michelina Dramis. He testified that he later confessed the deception to Herskowitz and made some efforts to repay Herskowitz.
On November 3, 1960 the lower court ordered the discharge of the rule to open judgment entered by Pullo against Michelina ...