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MARIANN GANGI AND MARY KENDROS v. DELCO CAB COMPANY AND WAYNE DAVID BAXTER (10/12/79)

filed: October 12, 1979.

MARIANN GANGI AND MARY KENDROS
v.
DELCO CAB COMPANY AND WAYNE DAVID BAXTER, DEFENDANTS AND NATIONWIDE INSURANCE COMPANY, GARNISHEE. APPEAL OF NATIONWIDE INSURANCE COMPANY, GARNISHEE



No. 1897 OCTOBER TERM, 1978, Appeal from the Order of the Court of Common Pleas, Civil Division, of Philadelphia County, at No. 3334 January Term, 1978.

COUNSEL

Robert Keller, Philadelphia, for appellant.

Robert M. Silverman, Philadelphia, for appellees Gangi and Kendros.

No appearance entered nor brief filed for appellees Delco Cab Company and Wayne David Baxter.

Van der Voort, Hester and Montgomery, JJ.

Author: Van Der Voort

[ 270 Pa. Super. Page 438]

Nationwide Insurance Company, garnishee, has filed this appeal from an Order of Judge Canuso of the lower court refusing to strike a default judgment entered against the garnishee for failure to make timely answers to interrogatories served upon it.

On January 24, 1978, plaintiffs had obtained a judgment in Delaware County against Delco Cab Company and another. On February 23, 1978 plaintiffs issued a writ of attachment and filed interrogatories to Nationwide. On March 22, 1978, on praecipe of the plaintiffs, the Prothonotary entered judgment against Nationwide, garnishee.

The record indicates that Nationwide filed answers to the Interrogatories on March 29, 1978.

The Sheriff's return of service was also filed on March 29, 1978 and certified that Nationwide had been served with the interrogatories on February 24, 1978.

On April 18, 1978, Nationwide filed a Motion to Strike the Judgment, raising two contentions:

1. At the time judgment was entered, there was nothing on the record to show any jurisdiction over the garnishee; and

2. The interrogatories were defective under Pa.R.C.P. Rule 3253 since they did not contain on their face a notice to answer, a time limit, and "a statement of ...


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