Commonwealth v. Gerstner

OPINION

MONTEMURO, Justice.

This appeal requires us to interpret the scope of the phrase “person responsible for the child’s welfare” within the context of 42 Pa.C.S. § 5554(3).1 If we agree with the Superior Court and conclude that appellant, Harold Gerstner, was a “person responsible for the child’s welfare,” then the statute of limitations is tolled and appellant will face trial on criminal charges. If we determine that appellant was not a “person responsible for the child’s welfare,” we must reinstate the trial court’s order dismissing the criminal charges. We hold that appellant can in…