Gutshall, M. v. Marshall, K.
529 WDA 2021
| Pa. Super. Ct. | Apr 28, 2022Background
- Complainant Katie Marshall filed for a Protection From Abuse (PFA) order on August 28, 2020 and obtained a temporary PFA.
- A final hearing occurred March 11, 2021; the trial court found Complainant credible and entered a three‑year final PFA barring contact through August 27, 2023.
- Complainant testified that in February 2020 Appellant Matthew Gutshall came to her home drunk, refused to leave, repeatedly banged on doors/windows (leading to a trespass charge), and thereafter phoned her with threats.
- She also testified to an earlier (5–6 years prior) physical assault: choking, hair‑pulling, and death threats.
- Appellant, proceeding pro se on appeal, argued the trial court erred because Complainant lied and submitted alleged recordings/documents not introduced at the hearing.
- The Superior Court affirmed, deferring to the trial court’s credibility findings and refusing to consider evidence not in the certified record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in entering a final PFA because Complainant lied | Marshall lied; testimony unreliable | Trial court believed Complainant; credibility determinations control | Court affirmed; appellate court defers to trial court credibility findings |
| Whether appellate court may consider Appellant's extra‑record documents/recordings to rebut credibility | Appellant submitted documents/recordings proving lies | Such materials were not admitted at hearing and are not in the certified record | Court will not consider materials outside the record; they cannot support reversal |
Key Cases Cited
- Kaur v. Singh, 259 A.3d 505 (Pa. Super. 2021) (appellate review gives complainant benefit of inferences and defers to trial court credibility findings)
- Custer v. Cochran, 933 A.2d 1050 (Pa. Super. 2007) (en banc) (deference to factfinder on credibility and sufficiency of complainant's testimony)
- E.K. v. J.R.A., 237 A.3d 509 (Pa. Super. 2020) (complainant’s testimony alone can suffice for a PFA if believed)
- Commonwealth v. Walsh, 36 A.3d 613 (Pa. Super. 2012) (trier of fact may believe all, part, or none of the evidence)
- Commonwealth v. Young, 317 A.2d 258 (Pa. 1974) (appellate courts cannot consider evidence not in the certified record)
- PHH Mortgage Corp. v. Powell, 100 A.3d 611 (Pa. Super. 2014) (same rule on record limitations)
- In re J.C., 5 A.3d 284 (Pa. Super. 2010) (items outside the record cannot be considered on appeal)