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GULF MORTGAGE AND REALTY INVESTMENTS v. EUGENE J. ALTEN (04/03/81)

filed: April 3, 1981.

GULF MORTGAGE AND REALTY INVESTMENTS, (NOW KNOWN AS GMR PROPERTIES)
v.
EUGENE J. ALTEN, JAMES E. MENESES AND IRVING PEARLMAN. APPEAL OF JAMES E. MENESES



No. 96 Philadelphia, 1980, Appeal from Order in the Court of Common Pleas of Montgomery County, Civil Division, No. 76-10621.

COUNSEL

Gregory J. Dean, King of Prussia, for appellants.

Stuart J. Novick, Philadelphia, submitted a brief on behalf of appellees.

Spaeth, Hester and Cavanaugh, JJ. Spaeth and Cavanaugh, JJ., concur in the result.

Author: Hester

[ 286 Pa. Super. Page 255]

We have before us the appeal of James E. Meneses from the order of the lower court dated December 19, 1979 which discharged its previously issued Rules to Show Cause and dismissed appellant's petition to quash a writ of attachment.

We reverse and set aside the writ issued against Anne Meneses, wife of appellant James E. Meneses, for reasons more fully set forth herein.

A review of this complex proceeding may be briefly summarized as follows:

On July 2, 1976, appellee caused a Florida judgment in the total amount of $257,014.80 against three named individuals, including appellant James E. Meneses, to be entered in the Court of Common Pleas of Montgomery County, Pennsylvania. On November 2, 1978, appellee caused a writ of execution to be issued against the three individual debtors and served upon the American Bank and Trust Company of Pennsylvania, as garnishee. The writ directed the sheriff to attach property held by the bank, to-wit:

". . . all cash, checking accounts, savings accounts, securities, negotiable instruments, certificates of deposit, leases, safe deposit boxes being held in the name of James E. Meneses, in the name of Anne Meneses, and in the names of James E. Meneses and Anne Meneses jointly, as though it were the property of James E. Meneses, pursuant to the Uniform Fraudulent Conveyance Act, Act of May 21, 1921, P.L. 1045, No. 379, § 9, 39 P.S. § 359(1)(b)." (Emphasis added)

Anne Meneses is the wife of appellant James E. Meneses.

On November 6, 1978, the writ of execution was served on the Bank along with ...


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