No. 456 January Term, 1978, Appeal from the Order entered October 4, 1978, of the Court of Common Pleas of Lancaster County, Pennsylvania, Criminal Division, at No. 279 of 1978.
John F. Pyfer, Jr., Lancaster, for appellant.
Charles B. Grove, Jr., Sol. of East Earl Township, Lancaster, for appellee.
O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty and Kauffman, JJ.
Appellant was found guilty by a District Justice of violating East Earl Township Ordinance No. 11, which regulates the placement of mobile homes on lands within the township. He appealed the summary conviction to the Court of Common Pleas of Lancaster County. On April 4, 1978, at a hearing de novo he was again found guilty and ordered to pay a $100 fine plus costs of prosecution within thirty days. No appeal was taken.
On August 8, 1978, having failed to make payment as ordered, appellant was arrested pursuant to a warrant issued for contempt of court and incarcerated in the Lancaster County Prison. Three days later at a hearing to show cause why appellant should not be held in contempt, the court determined that he had not yet paid the fine and costs. The court did not make a final adjudication of contempt at that time. Rather, appellant was released pending a hearing on October 4, 1978, at which time the court said it would determine whether appellant should be required to make payment and whether he should be held in contempt. At the October 4 hearing, however, the court did not adjudicate the issue of contempt. After a hearing on appellant's ability to pay, see Pa.R.Crim.P. 1407, the court entered an order setting forth a schedule of payments to satisfy the outstanding fine and costs. It is from this order that appellant appeals.
Appellant asserts that jurisdiction of this Court is provided by 42 Pa.C.S. § 722(4) which states:
"§ 722. Direct appeals from courts of common pleas
The Supreme Court shall have exclusive jurisdiction of appeals from final orders of the courts of common pleas in the following classes of cases:
(4) Direct criminal contempt in the courts of common pleas, and other contempt proceedings in the courts of common pleas relating to orders which are ...