K.B. v. Tinsley, T.
208 A.3d 123
| Pa. Super. Ct. | 2019Background
- K.B. (petitioner) and Terrence Tinsley (appellant) dated from Sept 2017; they did not live together. K.B. ended the relationship in May/June 2018 after escalating verbal abuse and an incident where Tinsley used a butcher knife to cut an air mattress in her presence.
- After the breakup, Tinsley allegedly persisted: frequent uninvited visits, repeated calls/texts, notes left on her door, apparent tracking of her movements, and multiple confrontations outside her home and workplace.
- K.B. presented testimony of fear, an incident at a gym where Tinsley grabbed her shirt and pushed her, and several post-breakup texts; she sought a Protection From Abuse (PFA) order.
- The trial court issued a temporary PFA on July 11, 2018, held a hearing July 16, 2018, found K.B. credible, and entered a two-year final PFA prohibiting contact.
- Tinsley (pro se) appealed, arguing the court ignored portions of K.B.’s testimony, the evidence was insufficient, and the court curtailed his opportunity to present evidence. The Superior Court affirmed.
Issues
| Issue | K.B.’s Argument | Tinsley’s Argument | Held |
|---|---|---|---|
| Whether the trial court erred by allegedly ignoring parts of K.B.’s testimony | Trial court properly credited K.B.’s testimony; credibility is for the factfinder | Court ignored/discounted certain testimony, prejudicing result | Rejected — credibility determinations are for the trial court; no error shown |
| Whether evidence was sufficient to support PFA under §6102(a)(5) (course of conduct/placing victim in reasonable fear) | K.B.: repeated following, uninvited contacts, threatening conduct, and past violent/menacing act supported reasonable fear | Tinsley: disputes timing, motives; claimed contacts were limited/benign and that petitioner was vindictive | Affirmed — viewing evidence in petitioner’s favor, preponderance supports PFA |
| Whether the trial court improperly curtailed Tinsley’s ability to present evidence (e.g., a FMLA note) | K.B.: court allowed full examination; petitioner testified and record reflects his claims | Tinsley: court interrupted him, refused to view his note, limited inquiry into petitioner’s motive for filing PFA | Rejected — court acted within discretion; note’s content was testified to and no prejudice shown; motive was explored |
| Whether the trial court exhibited bias or denied fair procedure | K.B.: court conducted neutral, active questioning to elicit testimony | Tinsley: alleged bias and unequal opportunity to finish testimony | Rejected — record shows impartial examination and ample opportunity to present evidence |
Key Cases Cited
- Boykai v. Young, 83 A.3d 1043 (Pa. Super. 2014) (standard of review for PFA legal conclusions and abuse of discretion)
- Buchhalter v. Buchhalter, 959 A.2d 1260 (Pa. Super. 2008) (purpose of PFA Act and significance of past acts in assessing fear)
- Fonner v. Fonner, 731 A.2d 160 (Pa. Super. 1999) (credibility determinations are for the factfinder)
- Raker v. Raker, 847 A.2d 720 (Pa. Super. 2004) (definition of preponderance standard in PFA context)
- Snyder v. Snyder, 629 A.2d 977 (Pa. Super. 1993) (PFA requires preponderance, not beyond a reasonable doubt)
- T.K. v. A.Z., 157 A.3d 974 (Pa. Super. 2017) (repeated following and tracking can establish reasonable fear)
- R.G. v. T.D., 672 A.2d 341 (Pa. Super. 1996) (repeated unwanted calls/emails that cause fear support PFA)
- Commonwealth v. Antidormi, 84 A.3d 736 (Pa. Super. 2014) (distinguishes weight vs sufficiency review; weight review is discretionary)
- Schuenemann v. Dreemz, LLC, 34 A.3d 94 (Pa. Super. 2011) (trial court has broad discretion on admissibility)
- Ettinger v. Triangle-Pacific Corp., 799 A.2d 95 (Pa. Super. 2002) (erroneous evidentiary rulings require prejudice to warrant reversal)
