East Caln Township v. Carter , 440 Pa. 607 ( 1970 )

Dissenting Opinion by

Mr. Justice Roberts :

In order for a contempt conviction to be valid, it must be shown that the defendant was either personally served with a copy of the decree upon which the contempt is based or had actual knowledge of the decree. Wilson v. North Carolina, 169 U.S. 586, 18 S. Ct. 485 (1898); In Re Rubin, 378 F. 2d 104 (3d Cir. 1967) ; Messmore’s Estate, 293 Pa. 63, 141 Atl. 724 (1928). Appellant was never served with a copy of the decree, and, contrary to the indications in the majority opinion, there is neither a finding by the trial court that the appellant knew of the decree nor any evidence upon which such a finding could be based. Since an essential precondition to a conviction for contempt is missing from this ease, it would be pure caprice to affirm the conviction.

Accordingly, I dissent.