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ELKMAN v. ELKMAN. (09/12/61)

September 12, 1961

ELKMAN, APPELLANT,
v.
ELKMAN.



Appeal, No. 210, Oct. T., 1961, from order of Municipal Court of Philadelphia County, Jan. T., 1957, No. 574, in case of Phyllis Elkman v. Sidney Elkman et al. Order reversed.

COUNSEL

Thomas D. McBride, with him Victor Wright, Evelyn Milgram Trommer, and McBride, von Moschzisker & Bradley, for appellant.

Nochem S. Winnet, with him Fox, Rothschild, O'Brien & Frankel, for appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Ervin

[ 196 Pa. Super. Page 134]

OPINION BY ERVIN, J.

This is an appeal from the order of the court below dismissing appellant-wife's petition for an increase in a support order for herself and two children.

The court below denied a motion for an order to allow inspection of the books of account of Elkman Construction Co. and of Sidney Elkman, Inc., two corporations solely owned by the husband.

Pa. R.C.P. No. 4009(1) provides: "Subject to the limitations provided by Rule 4007(a) and Rule 4011, the court, on the motion of a party many (1) order a

[ 196 Pa. Super. Page 135]

    party to produce and permit inspection, including the copying and photographing, by or on behalf of the petitioner of designated tangible things, including documents, papers, books, accounts, letters, photographs and objects, which are in his possession, custody or control; ..."

Pa. R.C.P. No. 4007(a) limits the scope of discovery generally to matters which are "relevant," which "will substantially aid in ... the trial. ..." and the like.

Rule 4011 authorizes the court to refuse inspection where it is sought in bad faith or causes unreasonable annoyance, ...


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