In re W.M.

48 Pa. D. & C.5th 460
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedMay 11, 2015
DocketNo. CP-39-JV-560-2014
StatusPublished

This text of 48 Pa. D. & C.5th 460 (In re W.M.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re W.M., 48 Pa. D. & C.5th 460 (Pa. Super. Ct. 2015).

Opinion

STEINBERG, J.,

On September 18, 2014, the juvenile, W.M., was adjudicated delinquent on charges of Criminal Mischief,1 Furnishing Alcohol to Minors,2 and Underage Drinking.3 He was placed on probation and ordered to pay court costs and make restitution to Salisa Berrien in the sum of $5,000.00

Due to the lack of agreement concerning the restitution, hearings were held in an effort to determine the appropriate [462]*462amount of restitution. The Commonwealth is requesting restitution in the amount of $28,308.52. The juvenile believes that he should only be ordered to pay “a reasonable restitution amount, an amount supported by the evidence, and within the juvenile’s ability to pay.”4 It is counsel’s calculation that the amount of restitution ordered should be approximately $4,680.00. Both counsel have submitted memorandum of law addressing the restitution issues.

Background

On July 11,2014, the juvenile held a house party at the home of Salisa Berrien, which is located at 450 Daniel Street in Allentown. His decision to take over the home of Ms. Berrien, who is his aunt, was done without her permission. She was unaware that the juvenile intended to hold this party, and was not present during the debauchery. She first observed the havoc wreaked upon her home on July 16, 2015.

The juvenile, who may have advertised this party on Facebook, gained access to his aunt’s home with a code to her garage door. More than twenty (20) people were present when the police responded to a neighbor’s report of “flashlights” at Ms. Berrien’s home, which was for sale. This number may not have been an accurate count on the attendees, because the same neighbor reported that upon the arrival of the police, people were running through his yard.

This party may not have reached the epic proportions that the movie “Project X” depicts, but it involved the same activities. Ms. Berrien testified throughout the [463]*463juvenile proceedings to the damage and vandalism to her home. She identified damage to various furniture, and how various bedding, including comforters and sheets located in different bedrooms, were soiled. The Commonwealth introduced a series of photographs depicting the items Ms. Berrien testified were damaged or soiled.5 She also prepared an estimate of the damage to her property and the cost to clean or replace both furniture and bed and bath items.6 For example, her white sofa and love seat could not be cleaned, and the cost to replace that furniture was $3,000.00. The original purchase price was $6,000.00. Ms. Berrien’s estimates were based on quotes she testified were received from various businesses such as Best Buy, Sleepys, and Bed Bath & Beyond. None of those quotes were attached to her estimate. A corresponding document prepared by State Farm provided a comprehensive estimate to repair damaged floors and walls, and clean carpets.7 For example, wood floors in various rooms required a “screen and coat., [as well as] dustless floor sanding.” Carpets in different rooms had to be “cleaned and deodorized.” The estimate for what State Farm called “Vandalism and Malicious Mischief’ was $6,046.03. Ms. Berrien had a $1,000.00 deductible on her policy.

Ms. Berrien also testified that various items were stolen from her household. Those items include, but are not limited to, a “Blackberry Bold 9930, iPod nano w/Multi-touch, BackBeat Go 2 earbuds, FIP Photosmart 7520,” and jewelry. The total value of those items, according to Ms. Berrien, was approximately $4,500.00.

[464]*464The Commonwealth also introduced the testimony of Jason Parton from the Lehigh County Juvenile Probation Department, whose testimony related to the juvenile’s ability to pay restitution. He began his supervision of the juvenile in July of 2014. His testimony outlined the juvenile’s educational and extracurricular activities. Although the juvenile has no employment history, he plans to attend college and has no physical or intellectual limitations with the exception of a diagnosis of ADHD.

Discussion

The juvenile and his fellow partygoers enjoyed themselves at Ms. Berrien’s expense, but the juvenile now faces the unpleasant consequences of his actions. It is not suggested that the juvenile caused all of the damage to Ms. Berrien’s home, but as the event planner, he certainly set in motion the events which caused the damage. The issue for this Court to resolve is whether the juvenile should be held responsible for the entire damage.

The statutory authority permitting an order of restitution is found in Section 6352 of the Juvenile Act,8 which in pertinent part provides the following:

(a) General rule.—If the child is found to be a delinquent child the court may make any of the following orders of disposition determined to be consistent with the protection of the public interest and best suited to the child’s treatment, supervision, rehabilitation and welfare, which disposition shall, as appropriate to the individual circumstances of the child’s case, provide balanced attention to the protection of the community, the imposition of accountability for the offense [465]*465committed and the development of competencies to enable the child to become a responsible and productive member of the community:
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(5) Ordering payment by the child of reasonable amounts of money as fines, costs, fees or restitution as deemed appropriate as part of the plan of rehabilitation considering the nature of the acts committed and the earning capacity of the child, including a contribution to a restitution fund, (emphasis added)

42 Pa.C.S. § 6352(a)(5).

In In the Interest of M. W., 725 A.2d 729, 732-733 (Pa. 1999) it was explained that this section “does not contain language specifically requiring that the loss or injury be a direct result of the juvenile’s wrongful conduct.” Id. However, the juvenile court is invested with a “broad measure of discretion to apportion responsibility for damages based upon the nature of the delinquent act and the earning capacity of the juvenile.” Id. (emphasis added) See also In the Interest of J.G., 45 A.3d 1118, 1120-1121 (Pa. Super. 2012) quoting Appeal of B.T.C., 868 A.2d 1203, 1204-1205 (Pa. Super. 2003).

The exercise of that discretion begins with the recognition that “one ofthe purposes ofthe Juvenile Act is to hold children accountable for their behavior.” In the Interest of D. G., 2015 WL 1813944 (Pa. Super.) quoting In the Interest of M.W., 725 A.2d at 732. M. W. was an escapee from a residential juvenile treatment facility, who with several others, broke into a private residence. While inside, extensive damage was done to the residence, including punching holes in walls, damage to furniture, and setting fires on carpets. Id. at [466]*466730. The actual damages were $29,764.34, but the juvenile was only ordered to pay $1,000.00.

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Bluebook (online)
48 Pa. D. & C.5th 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-wm-pactcompllehigh-2015.