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ROBERT F. RUEHL v. MAXWELL STEEL CO. (04/19/84)

filed: April 19, 1984.

ROBERT F. RUEHL, TRUSTEE FOR VOEST-ALPINE INTERNATIONAL CORPORATION, APPELLANT,
v.
MAXWELL STEEL CO., INC. AND INDUSTRIAL VALLEY BANK AND TRUST COMPANY, GARNISHEE, APPELLEE



No. 272 Philadelphia, 1982, Appeal from Order of the Court of Common Pleas, Civil Division, of Bucks County, No. 80-11345-06-1.

COUNSEL

Robert F. Ruehl, in propria persona.

Edward N. Kurland and Michael S. Lubline, Philadelphia, for Maxwell, appellee.

John D. Trainer, Doylestown, for Ind. Valley, appellee.

Wickersham, Wieand and Lipez, JJ.

Author: Wieand

[ 327 Pa. Super. Page 40]

This matter comes to us on appeal from an order striking a judgment entered against a garnishee because of admissions contained in answers to interrogatories. For the reasons hereinafter set forth, we affirm the striking of that part of the judgment which exceeds $7,026.77.

Litigation between the Voest-Alpine International Corporation and Maxwell Steel Company was settled when Maxwell Steel executed and delivered to Voest-Alpine a judgment

[ 327 Pa. Super. Page 41]

    note for $28,060.33. On November 7, 1980, after Maxwell Steel had defaulted in making payments required by the terms of the note, Voest-Alpine confessed judgment on the note for $19,386.69. On the same date, a writ of execution was issued, together with a set of interrogatories, and served on Industrial Valley Bank and Trust Co. (I.V.B.) as garnishee. I.V.B. caused timely answers to interrogatories to be filed which stated the following:

At the time of service of the Writ, the defendants maintained with Garnishee a Regular Checking Account No. 883-457-1 in the name of Maxwell Steel Co., Inc., which had a collected balance of $2,869.12 and a current balance of $61,469.62.

There was also New Matter as follows:

Since the time the Writ was served, a $20,000.00 Deposited Check was returned for the reason "Payment Stopped". A payment of $35,000.00 was set aside for a loan payment due from Maxwell Steel Co. Deposits of $167.15 and $390.00 were made on November 13 and 17 of 1980. The results of these ...


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