HomeMy WebLinkAbout98-6576 civilRONALD A. RILEY,
AK-8743, in his own right
Plaintiff
VS.
FIRST UNION HOME ·
EQUITY BANK, ROBERT M.'
MRAZ, individually, ·
Defendants ·
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW
98-6576 CIVIL
IN RE: OPINION PURSUANT TO RULE 1925
On February 12, 2001, this court entered an order with respect to discovery in the
captioned case. It is from this order that the plaintiff has filed an appeal.
The pro se complaint filed in the case alleges that on June 18, 1993, while on a visit to
the State Correctional Institution at Huntingdon where the plaintiff was incarcerated, the
defendant, Robert M. Mraz, and the plaintiff's mother, Emmie Mraz, entered into a verbal
"contract" with the plaintiff that upon the death of either one of them the plaintiff would inherit
that party's interest in 3653 Chestnut Street, Camp Hill, PA 17011. After that meeting, it is
alleged that defendant Mraz and his wife mortgaged the premises for approximately $50,000.00.
On June 20, 1995, Emmie Mraz died. Robert Mraz has followed through on his agreement and
has deeded the property to himself and to the plaintiff. Unfortunately, the mortgage, entered into
at a time when the plaintiff was not an owner of the property, is in default. The plaintiff has sued
the First Union Home Equity Bank seeking damages and some sort of equitable relief as a result
of an alleged conspiracy between the bank and Robert Mraz to defraud the plaintiff of his interest
in the real estate.
Much discovery has been propounded by the plaintiff which, we are entirely satisfied, has
been answered to the best of the ability of First Union Home Equity Bank. There have been five
98-6576 CIVIL
separate discovery requests in this case. The plaintiff'has filed three motions for orders
compelling discovery. The first was denied on June 22, 2000. On October 5, 2000, the court
denied the plaintiff's second motion to dismiss the defendant bank's objections to plaintiff's
interrogatories and request for production of documents. Finally, and most recently, the plaintiff
has filed yet another motion seeking to compel discovery. In response thereto, we signed an
order proposed by the defendant First Union denying the plaintiff's most recent motion and
deeming discovery in this matter to be closed.
A review of the numerous discovery requests in this case readily reveals that they are
patently overbroad and, in any event, not reasonably calculated to lead to the discovery of
admissible evidence. We are satisfied that the order which we have entered is well within our
discretion in regulating matters having to do with discovery. See Pa.R.C.P. Rule 4012. We will,
however, not belabor the merits of this matter as we believe our order is clearly interlocutory.
Numerous cases have held that discovery orders are not appealable. As noted in J~ovce &
A__ssociates v. Pivirotto, 358 Pa. Super. 50, 516 A.2d 763 at 764 (1986)-
The Supreme Court, in ?ugar v. Greco, 483 Pa. 68,
394 A.2d 542 (1978) admonished that "whenever
possible, [appellate] review must await the
determination of a suit notwithstanding any
resulting inconvenience to a party." Id. at 75, 394
A.2d at 546. In acknowledgement of this
admonition and in reliance thereon, the Superior
Court announced, in McManus v. Chubb Group of
Insurance Companies, 342 Pa. Super. 405,493
A.2d 84 (1985), that "[a]s a general rule, this Court
will not provide interim supervision of discovery
proceedings conducted in connection with
litigation pending in the several trial courts. In the
absence of unusual circumstances, we will not
review discovery or sanction orders prior to a final
98-6576 CIVIL
judgment in the main action." Id at 410, 493 A.2d
at 87.
We know of no "unusual ' ,,
c~rcumstances which would warrant a departure from the general rule
in this case. See also, West v. Andersen~ 426 Pa. Super. 127, 626 A.2d 606 (1993), ~Estate of
Israe.____jl, 435 Pa. Super. 347, 645 A.2d 1333 (1994) and cases cited therein, and Diamond v.
Diamond, 715 A.2d 1190 (Pa. Super. 1998).
May ~ ,2001
Ronald A. Riley, AK-8743
1100 Pike Street
Huntingdon, PA 16654-1112
Kathleen B. Mazzafro, Esquire
Federman & Phelan
Two Penn Center Plaza
Suite 900
Philadelphia, PA 19102
:rim
/~nA. Hess,