Legal Question in Family Law in Pennsylvania

It depends. I read the Werkheiser case. In a footnote, they rely on Pa. Rule of Appellate Proc. Rule 1701 which I set forth below for you.

The rule says that an appeal does not act as a supersedeas and that the trial court retains its authority to enforce an order.

However, I don't know anything about the case or whether a supersedeas was granted or whether the order was otherwise superceded. Obviously, if the judge fails to rule on the contempt petition then this would be an appealable issue as well and perhaps it can be addressed in the appeal. What I would do is go to the law library (if you do not have a lawyer) and find the section of the PA Statutes which contains the appellate rules and look up the cases under Rule 1701 and see how they have interpreted the rule. You can try to show the rule to the trial court and show the relevant cases that help you and see if you can persuade the trial court. However, if an appeal is filed, do you have a contempt? To have contempt you have to have a valid court order, the party has to know of the order and the party has to deliberately refuse to obey it. If there is an appeal, the next question would be do they have a lawyer and do they understand that an appeal does not operate as a supersedeas? its possible that the person appealing might be under the mistaken impression that the appeal means they do not have to comply with the order.

---------------------------------

Rule 1701. Effect of Appeal Generally.

(a) General rule.�Except as otherwise prescribed by these rules, after an appeal is taken or review of a quasijudicial order is sought, the trial court or other government unit may no longer proceed further in the matter.

(b) Authority of a trial court or agency after appeal.�After an appeal is taken or review of a quasijudicial order is sought, the trial court or other government unit may:

(1) Take such action as may be necessary to preserve the status quo, correct formal errors in papers relating to the matter, cause the record to be transcribed, approved, filed and transmitted, grant leave to appeal in forma pauperis, grant supersedeas, and take other action permitted or required by these rules or otherwise ancillary to the appeal or petition for review proceeding.

(2) Enforce any order entered in the matter, unless the effect of the order has been superseded as prescribed in this chapter.

(3) Grant reconsideration of the order which is the subject of the appeal or petition, if:

(i) an application for reconsideration of the order is filed in the trial court or other government unit within the time provided or prescribed by law; and

(ii) an order expressly granting reconsideration of such prior order is filed in the trial court or other government unit within the time prescribed by these rules for the filing of a notice of appeal or petition for review of a quasijudicial order with respect to such order, or within any shorter time provided or prescribed by law for the granting of reconsideration.

A timely order granting reconsideration under this paragraph shall render inoperative any such notice of appeal or petition for review of a quasijudicial order theretofore or thereafter filed or docketed with respect to the prior order. The petitioning party shall and any party may file a praecipe with the prothonotary of any court in which such an inoperative notice or petition is filed or docketed and the prothonotary shall note on the docket that such notice or petition has been stricken under this rule. Where a timely order of reconsideration is entered under this paragraph, the time for filing a notice of appeal or petition for review begins to run anew after the entry of the decision on reconsideration, whether or not that decision amounts to a reaffirmation of the prior determination of the trial court or other government unit. No additional fees shall be required for the filing of the new notice of appeal or petition for review.

(4) Authorize the taking of depositions or the preservation of testimony where required in the interest of justice.

(5) Take any action directed or authorized on application by the appellate court.

(6) Proceed further in any matter in which a non-appealable interlocutory order has been entered, notwithstanding the filing of a notice of appeal or a petition for review of the order.

(c) Limited to matters in dispute.�Where only a particular item, claim or assessment adjudged in the matter is involved in an appeal, or in a petition for review proceeding relating to a quasijudicial order, the appeal or petition for review proceeding shall operate to prevent the trial court or other government unit from proceeding further with only such item, claim or assessment, unless otherwise ordered by the trial court or other government unit or by the appellate court or a judge thereof as necessary to preserve the rights of the appellant.

(d) Certain petitions for review.�The filing of a petition for review (except a petition relating to a quasijudicial order) shall not affect the power or authority of the government unit to proceed further in the matter but the government unit shall be subject to any orders entered by the appellate court or a judge thereof pursuant to this chapter.