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