NO. 3147 PHILADELPHIA, 1981, Appeal from the Order of November 4, 1981, In the Court of Common Pleas of Chester County, Criminal at No. 392 Misc. Term, 1981
Dennis D. Brogan, Assistant Public Defender, West Chester, for appellant.
Phyllis R. Streitel, Assistant District Attorney, West Chester, for Commonwealth, appellee.
Rowley, Wieand and Beck, JJ.
[ 319 Pa. Super. Page 543]
Appellant, Carole J. Farmer, appeals from the lower court order denying her Petition to Strike Constable Costs imposed by a Chester County District Justice.
[ 319 Pa. Super. Page 544]
The facts underlying the denial of that Petition were stipulated to at an October 14, 1981 hearing on the petition and are as follows. Appellant was arrested for outstanding warrants occasioned by her failure to respond to parking violation summonses. Notes of Testimony 10/14/81 at 2. She was testifying before the District Justice in an unrelated matter, and she was arrested after that hearing. Id.
In an "informal" hearing on June 10, 1981, the District Justice inquired of appellant whether she could pay any of the amount due. Id. She responded that she could not at that time pay any of the money due, that she was unemployed and on welfare, but that she could make some payment in a couple of days. Id. The District Justice responded that if she presently did not have the money to pay, she would be incarcerated immediately. Id. She was transported to the county prison in Franklin County as that was the nearest county prison housing women. Id. at 3.
At this June 10, 1981 hearing, a second hearing was scheduled for one week later. Id. She remained in Franklin County Prison until the date of the second hearing, at which hearing she agreed to bi-weekly payments of $25.00. Id. She was also assessed costs of $536.50 for transportation to and from Franklin County Prison. Appellant petitioned to strike those costs for transportation and appeals from denial of that petition.*fn1
Because we agree with appellant that the District Justice failed to comply either with Pa.R.Crim.P. 65, in incarcerating appellant upon her statement that she was unable to pay the parking fines, or with Pa.R.Crim.P. 316, in failing to
[ 319 Pa. Super. Page 545]
provide counsel for appellant when there was a likelihood that she would be imprisoned, we reverse and strike the constable costs that resulted from ...