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EASTERN LITHOGRAPHING CORP. v. SILK (ET AL. (03/17/64)

March 17, 1964

EASTERN LITHOGRAPHING CORP.
v.
SILK (ET AL., APPELLANT).



Appeal, No. 334, Oct. T., 1963, from judgment of Court of Common Pleas No. 4 of Philadelphia County, Dec. T., 1961, No. 4299, in case of Eastern Lithographing Corp. v. John J. Neville, Frank J. Lucidon, Daniel Silk et al., The Associated Hospital Service of Philadelphia, garnishee, et al. Judgment reversed.

COUNSEL

George H. Hafer, with him William H. Wood, Sidney Schulman, and Hull, Leiby and Metzer, and Schulman and Schulman, for garnishee, appellant.

No argument was made nor brief submitted for plaintiff, appellee.

Edward L. Silverberg, for defendant.

Before Rhodes, P.j., Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (ervin, J., absent).

Author: Watkins

[ 203 Pa. Super. Page 22]

OPINION BY WATKINS, J.

This is an appeal from the judgment of the Court of Common Pleas No. 4 of Philadelphia County entered against the garnishee appellant, Medical Service Association of Pennsylvania, known as Blue shield, and in favor of plaintiff-appellee.

On February 26, 1962, a judgment on an agreement dated January 16, 1962 was entered in favor of Eastern Lithographing Corp. and against Daniel Silk, among others, for $21,000. A writ of execution was served on Blue shield as garnishee.

Blue Shield is a non-profit medical service association authorized to provide medical service to subscribers of low income and their dependents as defined in and pursuant to the provisions of the Act of June 27, 1939, P.L. 1121, 15 P S § 2851-219 and is regulated and supervised by the Department of Health and the Insurance Commissioner pursuant to the Act of June 27, 1939, P.L. 1125, 15 PS § 2851-1501 et seq. These acts were amended to authorize the furnishing of medical service benefits to over-income subscribers; to include osteopathic services; to include dental services, and to re-establish a method of determining the definition of persons of low income.

In substance, the Blue Shield plan provides that persons of low income or persons of over-income can anticipate payments for medical or surgical services

[ 203 Pa. Super. Page 23]

    by becoming Blue Shield subscribers and making prepayments, periodic or lump sum, to Blue Shield at a monthly, quarterly or annual ...


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