No. 429 Philadelphia, 1980 Appeal from Order of Court of Common Pleas, Philadelphia County, Civil Division at No. 3257 of February Term, 1979.
Anthony Meglio, Philadelphia, for appellant.
Sheryl L. Auerbach, Philadelphia, for Fidelity Bank, appellee.
Robert Ruzzi, Philadelphia, for Mary DeLuca, appellee.
Brosky, Watkins, and Montgomery, JJ.
[ 282 Pa. Super. Page 366]
This is an appeal from the order of the Court of Common Pleas, Civil Division, of Philadelphia County by the appellant, Joseph DeLuca, that discharged The Fidelity Bank from all liability with respect to the $10,627.00 paid into the court as the result of an interpleader petition.
The husband and wife, Giuseppe and Mary DeLuca, had deposited $10,000 in The Fidelity Bank on a savings certificate dated June 3, 1977 and maturing on June 3, 1978, bearing 6% interest. The contract was entered into jointly with the designation of Giuseppe (Joseph) DeLuca or Mary DeLuca. This was treated by the bank as a joint ownership with either party privileged to withdraw the funds. The interest was to be paid at the rate of 6% compounded daily to the date of maturity.
Prior to maturity and on the maturity date, the appellant presented the certificate which was in his possession to the bank for payment of the $10,000 plus the interest. The bank refused to honor the appellant's request on the ground that the wife had written a letter to the bank on December 16,
[ 282 Pa. Super. Page 3671977]
requesting that no withdrawals be permitted without both signatures. On April 21, 1978, the bank received a letter from Robert Ruzzi, the wife's attorney, requesting that the fund not be released without both signatures. Husband and wife refused to sign jointly.
On April 16, 1979, the bank filed a motion for interpleader requesting that the wife be interpleaded to the action. The court ordered the bank to pay into the court the sum of $10,000, the principal, and the interest due from June 3, 1977 to June 3, 1978. The bank complied with the order and paid into court the sum of $10,627. The bank then filed the present petition seeking discharge of further liability and an allowance of costs incurred by it in the interpleader action.
We do not have to decide the question concerning the ownership of the fund. This will be decided in litigation in the equity action brought by the wife against the husband. The fund has been paid into ...