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SHERYL RECORDS v. CYRKLE. KOLBER (08/13/68)

decided: August 13, 1968.

SHERYL RECORDS, INC., APPELLANT,
v.
THE CYRKLE. KOLBER, APPELLANT, V. THE CYRKLE



Appeals from orders of Court of Common Pleas No. 10 of Philadelphia County, June T., 1966, No. 4139, and Dec. T., 1966, No. 1440, in cases of Sheryl Records, Inc. v. "The Cyrkle", N. Earle Pickens, also known as Earle Pickens, Don Dannemann et al.; and Gene Kolber, also known as Gene Kaye v. Same.

COUNSEL

Samuel P. Lavine, with him Steinberg, Greenstein, Richman & Price, for appellants.

Marvin D. Weintraub, with him I. Raymond Kremer, and Kremer, Krimsky & Luterman, for appellees.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Cohen. Mr. Justice Roberts concurs in the result.

Author: Cohen

[ 431 Pa. Page 300]

These appeals arise out of two separate actions commenced by way of writs of foreign attachment against

[ 431 Pa. Page 301]

    appellees who are nonresidents of Pennsylvania for breach of contract.*fn1 Attachments were filed in each case against Columbia Broadcasting System, Inc. (CBS) as garnishee, alleging that CBS had funds belonging to the individual appellees and were therefore subject to attachment.*fn2

In the original and first amended complaint the appellees were named individually. Appellees filed a petition in the nature of a preliminary objection to dissolve the attachments on the basis that any funds in the hands of CBS owing to appellees constituted salary or payment for personal services rendered and as such were exempt from attachment under the Act of April 15, 1845, P. L. 459, 42 P.S. ยง 886.*fn3

After the petition was argued and pending a determination, appellants filed amended complaints alleging that the funds held by CBS were owed to appellees as a partnership known as "The Cyrkle" (a singing group)*fn4 or in the alternative that it was owed to

[ 431 Pa. Page 302]

    appellees individually. As a result of this substantive change, "The Cyrkle" was added as a party defendant.

On June 2, 1967, the court below entered an order granting appellees' petition and dissolving the writs of foreign attachment on the basis that (1) appellants failed to establish that CBS held funds belonging to a partnership, and (2) the funds owed to appellees individually are in the nature of wages or salary for ...


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