NO. 2677 PHILA. 1982, Appeal from the Order in the Court of Common Pleas of Delaware County, Civil No. 81-05449
Samuel E. Klein, Philadelphia, for appellant.
Hal F. Doig, Media, for appellee.
Spaeth, President Judge and Beck and Tamilia, JJ. Beck, J., files a concurring opinion.
[ 337 Pa. Super. Page 242]
This is an appeal from an order granting appellee's petition for a preliminary injunction. Appellant makes several arguments that we need not address because we agree with appellant's argument that appellee did not prove that the preliminary injunction was necessary to prevent immediate and irreparable harm. We therefore vacate the trial court's order and remand for further proceedings.
Appellee's complaint and petition for preliminary injunction were filed on April 20, 1981. Hearings on the petition
[ 337 Pa. Super. Page 243]
were held on May 28, July 14, and September 8 & 10, 1981. On August 17, 1982, the trial court filed the preliminary injunction from which this appeal is taken, and on August 18, an opinion in explanation of the order.
In its opinion the trial court stated the facts as follows:
1. In 1972, the Petitioner [appellee] entered into an oral agreement to deliver newspapers for the Respondent [appellant];
2. The Petitioner did not pay for the route, nor for his customer list;
3. The Petitioner purchased additional customer lists from other deliverymen and eventually "rounded out" his delivery area;
4. The Petitioner was originally titled as a "special adult" which provided him with a travel allowance;
5. The Petitioner, due to a large number of bad credit risks, instituted a prepayment plan;
6. The Respondent was aware of the prepayment plan, but took no action except to eliminate the Petitioner's travel allowance;
7. The Petitioner continued to operate his delivery route with no interference from the Respondent;
8. In November, 1980, Petitioner instituted a $1.00 price for the Thanksgiving Day edition of the newspaper;
9. Respondent's Circulation Director, Carlton Rosenburgh, was a customer of the Petitioner;
10. When Mr. Rosenburgh learned of the delivery charge, he decided that the Petitioner was price gouging and as such, he decided to ...