HUTCHISON ENTERPRISES v. DATA BASICS EAST


345 Pa.Super. 91 (1985)

497 A.2d 659

HUTCHISON ENTERPRISES, INC., Appellant, v. DATA BASICS EAST, INC., a/k/a Soft Star System and the Philadelphia Saving Fund Society.

Supreme Court of Pennsylvania.

Filed August 30, 1985.


Attorney(s) appearing for the Case

Joseph Rappaport, Philadelphia, for appellant.

Horace D. Nalle, Jr., Philadelphia, for appellee.

Before CAVANAUGH, CIRILLO and HESTER, JJ.


HESTER, Judge:

Summary judgment was granted to a garnishee because the sheriff's return indicated service of the writ after the garnishee had made disbursements from a debtor's account, even though a pleading filed by the garnishee admitted receipt of the writ prior to disbursing the debtor's funds. The trial court held that the sheriff's return was conclusive as to the time of service. We vacate the order granting summary judgment. We believe there...

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