Bredbenner v. Hall; Apl of: Lebanon Co Dom Rel

Summary

The Supreme Court of Pennsylvania affirmed the Superior Court’s decision vacating the trial court’s contempt order and remanding for further proceedings, holding that a trial court must be convinced beyond a reasonable doubt of a contemnor’s present ability to pay a purge condition and that the burden of proving that ability rests with the petitioning party, not the contemnor. The Court also noted that the purge condition must be attainable. The decision was joined by two concurring opinions that debated the allocation of evidentiary burdens.