Commonwealth v. Bankes

MYERS, P.J.,

In his capacity as defendant’s attorney, garnishee represented defendant in a damage claim against a third-party tortfeasor. Garnishee participatéd in a negotiated settlement of the claim. Part of the proceeds of the settlement were disbursed to defendant on May 11, 1976, in accordance with the attorney-client agreement entered into by defendant and garnishee.

Plaintiff then entered a judgment by confession against defendant, in order to recover medical assistance payments which plaintiff had advanced to defendant. To enforce the judgment, plaintiff issued a writ of execution,…