No. 1192 Pittsburgh, 1980, Appeal from Order of the Court of Common Pleas, Civil Division, of Warren County, No. 520 of 1980
Anthony H. Chambers, Bradford, for appellant.
Scott Fergus, Washington, for appellees.
Wickersham, Wieand and Beck, JJ.
[ 305 Pa. Super. Page 293]
This is an appeal from an order summarily dismissing an amended complaint in equity. We reverse. The order was procedurally irregular and substantively unwarranted.
An initial complaint, filed by Robert J. Blair, alleged that Globe Natural Gas Company, a corporation in which he was a stockholder, had been defrauded by the manner in which John Kaye, Ann Kaye, Aaron Kaye, Robert Kaye, A & R Realty Company and Guthrie Development Corporation, defendants, had dealt with corporate assets. The complaint was accompanied by a request for a temporary injunction restraining appellees from receiving or disposing of the assets of the corporate parties. The court set a hearing on this request for October 21, 1980. On the day of the hearing, defendants, John Kaye, Ann Kaye and A & R Realty Company, appeared by counsel and filed preliminary objections to the complaint. After the plaintiff, Robert J. Blair, had been heard, the hearing was recessed, and counsel
[ 305 Pa. Super. Page 294]
met with the trial judge in chambers. Thereafter, the following order was entered:
[ 305 Pa. Super. Page 259]
AND NOW, to-wit, this 21st day of October, 1980, a preliminary injunction is issued in favor of Plaintiff against Defendants in that Defendants, their heirs, agents, employees or assigns shall not convey or attempt to convey any of the realty as described in that deed under date of May 5, 1978 and as recorded in the Recorder's Office in Deed Book 405, Page 259 and Quaker State Oil Refinery is enjoined from paying any funds unto the Defendants, corporately and individually, in the nature of royalties or otherwise due to production of oil or gas from said premises. The injunction shall exist until November 5, 1980 at which time the Plaintiff shall have either filed an amended complaint prior thereto or elects to argue the preliminary objections of Defendants filed this date. In the event of the former the Defendants shall file an answer or preliminary objections and if the latter same shall be argued on November 5, 1980.
In any event the preliminary objections shall be resolved by the court on November 5, 1980 and a hearing date thereafter ...