Marine Midland Bank v. Surfbelt, Inc.

MEMORANDUM OPINION

TEITELBAUM, District Judge.

Marine Midland Bank (Bank) recovered a judgment against John H. Miller and others and commenced these execution proceedings. The Bank has garnished Miller’s IRA account at the McKeesport National Bank. Miller claims this account is exempt from execution under 42 Pa.C.S.A. § 8124(b) (l)(viii). The Bank opposes Miller’s claim contending this exemption cannot be asserted in these proceedings and, in the alternative, if the exemption may be claimed, Miller fails to qualify for the exemption.

The Bank first contends this exemption may not be asserted in…