Commonwealth v. Wheaton

KELLY, Judge:

In this Opinion, we are called upon to determine whether appellant’s conduct constituted harassment when he, with the reasonable belief that his water services were going to be terminated, threatened legal action against excavators working on a water line adjacent to his property as well as against two of the three trustees of the Water Association. We find that the Commonwealth failed to prove beyond a reasonable doubt that (1) appellant acted with the intent to harass, annoy or alarm and (2) appellant’s conduct served no legitimate purpose. See 18 Pa.C.S.A. § 2709(3). Hence, we…