COMMONWEALTH OF PENNSYLVANIA v. DANIEL GRIFFITHS, III

COMMONWEALTH OF PENNSYLVANIA v. DANIEL GRIFFITHS, III No. 40 MDA 2010 2010 PA Super 223 Atlantic: n/a Filed: 12/6/2010
	Appeal from the Order entered December 10, 2009 In the Court of Common Pleas of Lackawanna County Criminal, Nos. 1995-454 CP-35-CR-0000454-1995
Before: BENDER, GANTMAN, AND MUNDY, JJ.
Opinion by: GANTMAN, J.
Appellant, Daniel Griffiths III, appeals from the order entered in the Lackawanna County Court of Common Pleas, which found him in contempt for nonpayment of restitution. Appellant asks us to determine whether the court had continued authority to enforce its original restitution order and to find Appellant in contempt for failing to comply with that order. We hold that the court retained the authority to enforce its restitution order and to find Appellant in contempt for failing to comply with his restitution obligations. Accordingly, we affirm.

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IN RE YORK COUNTY DISTRICT ATTORNEY’S OFFICE APPEAL OF: YORK COUNTY DISTRICT ATTORNEY’S OFFICE

IN RE YORK COUNTY DISTRICT ATTORNEY’S OFFICE APPEAL OF: YORK COUNTY DISTRICT ATTORNEY’S OFFICE No. 1717 MDA 2009 2010 PA Super 214 Atlantic: n/a Filed: 11/19/2010
	Appeal from the Judgment of Sentence August 4, 2009, In the Court of Common Pleas of York County Criminal Division at No(s): CP-67-MD00001461-2009
Before: BENDER, GANTMAN, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
The York County District Attorney’s Office (“Commonwealth”) appeals from the Order entered August 4, 2009, finding that it committed contempt and imposing a $5,000.00 sanction. For the reasons discussed below, we reverse.

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COMMONWEALTH OF PENNSYLVANIA v. LONNIE MITCHELL

COMMONWEALTH OF PENNSYLVANIA v. LONNIE MITCHELL No. 2344 EDA 2008 2009 PA Super 249 Atlantic: n/a Filed: 12/18/2009
	Appeal from the Judgment of Sentence Entered July 15, 2008, Court of Common Pleas, Philadelphia County, Criminal Division, at No. MC-51-CR-0022285-2008.
Before: ORIE MELVIN, SHOGAN, and POPOVICH, JJ.
Opinion by: SHOGAN, J.
Appellant, Lonnie Mitchell, appeals from the judgment of sentence entered on July 15, 2008, after he was adjudged guilty of harassment and found in indirect criminal contempt for violating a protection from abuse (“PFA”) order. Appellant’s counsel has filed a petition to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), and Commonwealth v. McClendon, 495 Pa. 467, 434 A.2d 1185 (1981). For the reasons that follow, we deny counsel’s petition to withdraw, vacate the judgment of sentence with respect to Appellant’s harassment conviction, and remand this matter with instructions.

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TIJEN HARCAR v. DOGAN TALHA HARCAR

TIJEN HARCAR v. DOGAN TALHA HARCAR No. 1851 WDA 2008 2009 PA Super 203 Atlantic: n/a Filed: 10/21/2009
	Appeal from the Order Entered October 9, 2008, Court of Common Pleas, Beaver County, Domestic Relations Division, at No. 10639 of 2006.
Before: MUSMANNO, DONOHUE and SHOGAN, JJ.
Opinion by: SHOGAN, J.
Appellant, Dogan Talha Harcar (“Father”), appeals from the order dated October 7, 2008, and entered October 9, 2008, finding Appellee, Tijen Harcar (“Mother”), in contempt of the trial court’s orders entered on June 2, 2006 and September 5, 2006 by remaining in the Republic of Turkey with the parties’ son, Taha Murat Harcar (“Child”). The trial court declined to impose any sanctions on Mother. The trial court also ruled that Beaver County was an inconvenient forum under 23 Pa.C.S.A. § 5427, and directed that any further child custody proceedings should be instituted in the Republic of Turkey. After careful review, we affirm to the extent that the trial court held Mother in contempt. To the extent that it refused to impose any sanction, we reverse and remand. To the extent that the trial court declined to exercise jurisdiction in the future, we vacate.

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Superior Court - ANDREW P. GATES v. NANCY J. REED GATES

ANDREW P. GATES v. NANCY J. REED GATES No. 763, 1023 and 1026 WDA 2008 2009 PA Super 40 Atlantic: 967 A.2d 1024 Filed: 3/10/2009
	Appeal from the Orderd Entered April 8, 2008 and May 16, 2008, in the Court of Common Pleas of Clearfield County, Civil Division, at No. 05-1250 C.D.
Before: BOWES, FREEDBERG, and POPOVICH, JJ.
Opinion by: BOWES, J.
In these consolidated appeals Nancy Gates (“Mother”) appeals (1) an April 8, 2008 order, wherein the trial court, inter alia, directed her to execute a consent to release records of her psychiatric treatment to Andrew Gates (“Father”); and (2) a May 16, 2008 order finding Mother in contempt for failing to comply with the April 8, 2008 order and summarily suspending her custodial rights to the parties’ son, Jonathan. Upon review, we reverse the April 8, 2008 order in part, and we vacate the May 16, 2008 order.

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Superior Court - IN THE INTEREST OF: C.W. APPEAL OF ANTHONY R. TUNNELL, ESQUIRE

IN THE INTEREST OF: C.W. APPEAL OF ANTHONY R. TUNNELL, ESQUIRE No. 3356 EDA 2007 2008 PA Super 254 Atlantic: 960 A.2d 458 Filed: 10/24/2008
	Appeal from the Order November 19, 2007 In the Court of Common Pleas of Philadelphia County Civil at No(s): D# 28010311 J# 33743102
Before: STEVENS, MUSMANNO, and BENDER, JJ.
Opinion by: STEVENS, J.
This is an appeal from the order entered in the Court of Common Pleas of Philadelphia County finding Appellant Anthony R. Tunnell, Esquire to be in contempt, directing him to return all monies paid to him, and replacing him with new court-appointed counsel in the underlying involuntary termination of parental rights case. On appeal, Attorney Tunnell contends, inter alia, that the evidence was insufficient to sustain a finding of contempt. We reverse.

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Superior Court - SMITHKLINE BEECHAM CORP., D/B/A GLAXOSMITHKLINE, ESTHER CHEUNG, MINNIE IWAMTO AND ROSEMARY LECOMPTE v. STOP HUNTINGDON ANIMAL CRUELTY

SMITHKLINE BEECHAM CORP., D/B/A GLAXOSMITHKLINE, ESTHER CHEUNG, MINNIE IWAMTO AND ROSEMARY LECOMPTE v. STOP HUNTINGDON ANIMAL CRUELTY USA, HUGS FOR PUPPIES, INC., NICHOLAS COONEY, DAVID LAMBON, CHRISTOPHER SEMICK, AMANDAH POVILITUS AND JOHN DOES 1-10 APPEAL OF: NICHOLAS COONEY No. 2034 and 2035 EDA 2007 2008 PA Super 237 Atlantic: 959 A.2d 352 Filed: 10/3/2008
	Appeal from the Order entered June 22, 2007 In the Court of Common Pleas of Philadelphia County, Civil, No. 0366 November Term, 2006
Before: ORIE MELVIN, KLEIN and FITZGERALD, JJ.
Opinion by: KLEIN, J.
Nicholas Cooney appeals from the order finding him in contempt of a November 27, 2006 injunction (“the 2006 injunction”) and the issuance of a more restrictive injunction, dated June 22, 2007 (“the 2007 injunction”). Cooney claims on appeal that the 2007 injunction is an unconstitutional restriction on his First Amendment free speech rights, that the lower court impermissibly assumed extraterritorial jurisdiction in issuing the 2007 injunction, and that the lower court erred in finding him to be in contempt of the 2006 injunction. We affirm in part and reverse in part.

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Superior Court 7/30/08 - JOHN E. HOPKINS, JR. v. SONYA F. BYES

JOHN E. HOPKINS, JR. v. SONYA F. BYES
No. 1544 WDA 2007 2008 PA Super 172 Atlantic: n/a Filed: 7/30/2008
Appeal from the Order entered in the Court of Common Pleas of Erie County, Domestic Relations Division, No(s): 14661-1998
Before: BENDER, GANTMAN and TAMILIA, JJ.
Opinion by: TAMILIA, J.
Sonya F. Byes, mother of the parties’ minor son, DOB 12/28/97, appeals from the July 24, 2007, Order finding her in contempt on the basis she interfered with child custody by ignoring a visitation Order. As a sanction, the court also assessed mother attorney’s fees totaling $500. By Order entered in this Court on February 29, 2008, this matter was remanded for preparation of a trial court Opinion and to allow supplementation of the record by the parties. The trial court complied on May 28, 2008, and we thereafter allowed the parties time within which to respond. Appellant complied on June 3, 2008; appellee, whose brief was due ten days hence on June 13, 2008, has not responded. The appeal is now ripe for our review.

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When considering an appeal from an Order holding a party in
contempt for failure to comply with a court Order, our scope of review is
narrow: we will reverse only upon a showing the court abused its discretion.
Hyle v. Hyle, 868 A.2d 601 (Pa.Super. 2005), appeal denied, 586 Pa. 727,
890 A.2d 1059 (2005). The court abuses its discretion if it misapplies the
law or exercises its discretion in a manner lacking reason. Id. To be in
contempt, a party must have violated a court Order, and the complaining
party must satisfy that burden by a preponderance of the evidence. Id.

¶ 4 Attorney fees may be assessed as a sanction for the contemnor’s
refusal to comply with a court Order, causing the innocent party to incur fees
in an effort to obtain what was rightfully his. See 42 Pa.C.S.A. § 2503,
Right of participants to receive counsel fees; Rhoades v. Pryce, 874
A.2d 148 (Pa.Super. 2005), appeal denied, 587 Pa. 724, 899 A.2d 1124
(2006) (holding attorney fees may be awarded as a sanction to compensate
the contemnor's adversary for injuries resulting from the contemnor's
noncompliance with a court Order); see also Goodman v. Goodman, 556
A.2d 1379 (Pa.Super. 1989), appeal denied, 523 Pa. 642, 565 A.2d 1167
(1989).