Warmkessel v. Heffner
17 A.3d 408
| Pa. Super. Ct. | 2011Background
- Appellee Warmkessel filed a 2001 child support complaint; 2002 order set $260/month for two children.
- Appellant Heffner repeatedly failed to pay, leading to enforcement petitions and arrears over the years.
- 2009 contempt process began with a January 20 conference; January 29 WC exam potential benefits.
- Appellant failed to appear at the November 6, 2009 support enforcement hearing, yielding a bench warrant.
- February 5, 2010 police arrested Heffner on the bench warrant; February 26, 2010 hearing found civil contempt and imposed 3 months’ imprisonment with a $100 purge.
- Court denied credit for 21 days pre-hearing confinement; Heffner sought reconsideration; relief denied on April 22, 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credit for time served pre-hearing civil contempt | Heffner seeks credit for 21 days of pre-hearing incarceration | Warmkessel argues no statutory right to credit in civil contempt | No credit; court did not abuse discretion; affirmed |
| Mootness and continuing obligations | Issue capable of repetition despite release | Mootness exception not satisfied | Issue remains excepted to mootness; potential future contempt not justiciable here; affirmed the focus on credit denial |
| Constitutional equal protection and due process claims | Credit is required to avoid undue confinement | Civil contempt context lacks criminal-credit analogies | Rights not violated; claims waived/without merit |
Key Cases Cited
- In re D.A., 801 A.2d 614 (Pa.Super.2002) (mootness exceptions; public-interest and repetition considerations)
- Barrett v. Barrett, 470 Pa. 253, 368 A.2d 616 (1977) (completion of imprisonment under ongoing support orders; not moot)
- Griffin v. Griffin, 384 Pa.Super. 210, 558 A.2d 86 (1989) (ongoing support order can sustain contempt proceedings)
- Childress v. Bogosian, 2011 PA Super 5, 12 A.3d 448 (Pa. Super. 2011) (presence of ability to pay purge; coercive purpose of civil contempt)
- Lerner v. Lerner, 954 A.2d 1229 (Pa.Super.2008) (burden on appellant to cite authority; general rights arguments)
- Commonwealth v. Johnson, 967 A.2d 1001 (Pa.Super.2009) (no constitutional right to credit for pretrial detention; statutory scheme governs credit)
- Mrozek v. James, 780 A.2d 670 (Pa.Super.2001) (appellate review of contempt findings; abuse of discretion standard)
- Stahl v. Redcay, 897 A.2d 478 (Pa.Super.2006) (civil vs criminal contempt distinction; remedial purpose of civil contempt)
- Crozer-Chester Med. Ctr. v. Moran, 522 Pa. 124, 560 A.2d 133 (Pa. 1989) (explains civil vs. criminal contempt distinction)