in the United States for Banco di Roma, on November 24, 1972, ITC requested by letter that Banco di Roma discount these drafts. Pursuant to this request, Banco di Roma discounted the drafts and credited them toward the repayment by ITC of a previous one million dollar advance which Banco di Roma had made to ITC, in May, 1972. On December 13 and December 14, 1972, Banco di Roma issued official confirmation to ITC that the drafts had been credited in reduction of the loan, and at the same time, Banco di Roma released to ITC 580,760,000 lira which it had been holding as security since the loan was made in May.
C. Monte dei Paschi di Siena
Similarly, in August, 1972, four drafts were drawn by ITC under Letter of Credit No. 35638, in the aggregate amount of $63,377.51, due and payable on February 13, 1973. These checks were endorsed in blank and delivered to the Naples office of Monte dei Paschi di Siena for collection. Monte dei Paschi di Siena forwarded the drafts to Girard with the request that upon the due date, Girard credit the account of the Milan office of Monte dei Paschi di Siena with the proceeds. After receiving these drafts, Girard notified Monte dei Paschi di Siena that the drafts had been accepted.
According to the affidavits of Roberto Fincadi, General Manager of ITC, and of Lido Pasqui, identified as the legitimate representative of the Naples branch of Monte dei Paschi di Siena, on January 16, 1973, ITC requested that these drafts be discounted by Monte dei Paschi di Siena, and that the proceeds be used to repay partially advances amounting to two million dollars made to ITC by Monte dei Paschi di Siena in June, 1972. On the same date, Monte dei Paschi di Siena discounted the drafts and credited ITC with the proceeds, $62,836.00.
D. Girard Trust Bank
The writ of foreign attachment was served on the garnishee, Girard, on January 22, 1973. Pursuant to Pa. R. Civ. P. 1266, 12 P.S. Appendix, the garnishee filed its report with the court on February 2, 1973. The garnishee reported that at the time the writ was served, it did not have in its possession any property belonging to defendant and that it did not owe any debt to defendant. However, the garnishee reported that it held two drafts drawn by defendant on the garnishee for the aggregate sum of $210,093.96 and that these drafts had been accepted for payment on January 22, 1973. The garnishee further reported that these two drafts were negotiated by defendant to Banco di Roma, and therefore the garnishee did not regard them as the property of defendant.
Also, at the time the writ was served, the garnishee reported that it had accepted for payment on various dates from January 23, 1973 to February 20, 1973 twenty additional drafts drawn by the defendant on the garnishee for the aggregate sum of $207,743.48. Sixteen of these drafts, for the aggregate sum of $144,395.97, had been negotiated by the defendant to Banco di Roma. The other four of these drafts, for the aggregate sum of $63,347.51, had been negotiated by defendant to Monte dei Paschi di Siena. Therefore, the garnishee reported that these drafts did not evidence a debt owed by the garnishee to defendant.
II. MOTION TO DISMISS
Defendant has moved to dismiss for lack of jurisdiction. The basis of the motion is that plaintiff has not attached any property belonging to defendant. The intervenor, Banco di Roma, which claims to be the owner of seven of the drafts now held by the garnishee, joins with the defendant in arguing that the plaintiff has not attached any property belonging to defendant. We agree with defendant and the intervenor, and the motion to dismiss will be granted.
F.R. Civ. P. 4(e) permits service of process upon any party not an inhabitant of or found within a state whenever a statute or rule of court of the state in which the district court is held provides for service upon or notice to him by reason of the attachment or garnishment or similar seizure of his property located within the state. Service may be made under the circumstances and in the manner prescribed in the statute or rule. Further, under 28 U.S.C. § 1450, when an action is removed from a state court, any attachment of goods in the state court shall be treated in the federal court in the same manner as it would be treated in the state court.
Pa. R. Civ. P. 1252 provides for commencing an action by a writ of foreign attachment:
"A foreign attachment may be issued to attach [the] property of a defendant not exempt from execution upon any cause of action at law or in equity * * * in which the relief sought includes a judgment or decree for the payment of money when
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