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CODY v. CODY. (07/30/62)

July 30, 1962

CODY, APPELLANT,
v.
CODY.



Appeal, No. 99, Jan. T., 1962, from decree of Court of Common Pleas of Lebanon County, No. 5 Equity Docket, 1960, in case of Richard F. Cody v. Lewis W. Cody and The Peoples National Bank of Lebanon. Decree reversed.

COUNSEL

Allen N. Brunwasser, with him J. R. Whitman, and Meyer, Brubaker and Whitman, for appellant.

Clarke M. Seltzer, with him Charles V. Henry, III, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.

Author: Cohen

[ 408 Pa. Page 302]

OPINION BY MR. JUSTICE COHEN

Appellant, Richard F. Cody, appeals from a decree of the court below striking a default judgment taken in equity against appellees.

The issue raised herein involves an interpretation of Pa. R.C.P. 1025 which provides as follows: "Every pleading of a party represented by an attorney shall be endorsed with the name of the attorney, and every ... party not represented by an attorney shall be endorsed with the name of the party, together in each case with an address within the county." (Emphasis supplied).

In 1960, appellant confessed judgment on several notes together with the interest thereon against his father, Lewis W. Cody, a named defendant-appellee. Appellant immediately issued attachment execution against defendant-appellee, Peoples National Bank of Lebanon (Bank) and others as garnishees. By answered interrogatories, Bank revealed that it held certain stock in the name of the appellee-father under the terms of an escrow agreement and subject to a levy of the United States Internal Revenue Service for unpaid taxes.

When the sheriff did not take the stock into his possession, appellant invoked the provisions of Section

[ 408 Pa. Page 3038]

-317 of the Uniform Commercial Code, Act of 1953, April 6, P.L. 3, as amended, 12A P.S. ยง 8-317, and personally filed a complaint in equity against both appellee-father and Bank praying for (1) an injunction to prevent Bank from releasing the stock and (2) an order directing Bank to turn the stock over to the sheriff so that the interest of the father could be sold to satisfy the judgment. The complaint further prays that Bank be required to appear and answer the averments contained in the complaint.

The complaint notifying appellees to plead within twenty days from the date of service contained the following endorsement, which presents ...


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