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FIRST PA. BANKING AND TRUST CO. v. LIBERATI

282 Pa.Super. 198 (1980)

422 A.2d 1074

FIRST PENNSYLVANIA BANKING AND TRUST COMPANY v. Joseph LIBERATI, Defendant and Township of Haverford and Kassab, Cherry, Curran & Archbold, Garnishees and Reliance Insurance Company and New Enterprise Stone & Lime Co., Inc., Intervening Defendants. Appeal of RELIANCE INSURANCE COMPANY. FIRST PENNSYLVANIA BANKING AND TRUST COMPANY v. Joseph LIBERATI, Defendant and Township of Haverford and Kassab, Cherry, Curran and Archbold, Garnishees, and Reliance Insurance Company and New Enterprise Stone & Lime Co., Inc., Intervening Defendants. Appeal of Joseph LIBERATI.

Superior Court of Pennsylvania.

Filed September 19, 1980.

Attorney(s) appearing for the Case

Jeanne Ward Ryan, Philadelphia, for Reliance, appellant (at No. 1906) and for appellee (at No. 1952).

Joseph R. McFadden, Jr., Media, for appellant (at No. 1952).

George Pagano, Media, for First Pennsylvania Banking, appellee.

M. Eeileen Marquette, Philadelphia, for New Enterprise Stone, appellee.

Before CERCONE, President Judge, and WATKINS and HOFFMAN, JJ.

CERCONE, President Judge:

The instant litigation began when First Pennsylvania Banking and Trust Company (First Pennsylvania) entered judgment by cognovit note against Joseph Liberati (Liberati) on November 12, 1976. On December 2, 1976 a Writ of Execution issued attaching property in the hands of Kassab, Cherry, Curran and Archbold allegedly belonging to the defendant. Liberati then filed a Petition to Open the judgment which was granted. Reliance Insurance Company...

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