S.B. v. S.S.

Superior Court of Pennsylvania·Decided December 18, 2017·No. 561 WDA 2017·Unpublished

Opinion

J-A27014-17

NON-PRECEDENTIAL DECISION-SEE SUPERIOR COURT I.O.P. 65.37

S.B., IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee

v.

S.S.,

Appellant No. 561 WDA 2017

Appeal from the Order Dated March 16, 2017 In the Court of Common Pleas of Allegheny County Family Court at No(s): FD-15-008183-10

Appellant No. 562 WDA 2017

Appeal from the Order Dated March 16, 2017 In the Court of Common Pleas of Allegheny County Civil Division at No(s): FD-008183-10

BEFORE: BENDER, P.J.E., SHOGAN, J., and MUSMANNO, J.

MEMORANDUM BY BENDER, P.J.E.: FILED DECEMBER 18, 2017 J-A27014-17

S.S. (Mother) appeals from two orders, both dated March 16, 2017.1

The order designated at appeal 561 WDA 2017 denied in part and granted in

part S.B.’s (Father) motion requesting an award of costs and legal fees

relating to this protracted custody matter. The order designated at appeal

562 WDA 2017 directed the appointment of Mark Gubinsky, Esq., as an

aftercare professional, acting under the guidance of the entity known as

Family Bridges with a goal of facilitating the restoration of Mother’s custody

rights. After extensive review of the record in this matter, which includes

documents relating to Mother’s three prior appeals to this Court and an

application requesting our Supreme Court to exercise its King’s Bench

powers, we affirm both orders.2

Mother filed a timely appeal accompanied by a concise statement of

errors complained of on appeal pursuant to Pa.R.A.P. 1925(a)(2)(i). She

raises the following issues for our review:

1) Did the trial court legally err and abuse its discretion in appointing Mark Gubinsky, Esq.[,] as the Aftercare Professional ____________________________________________

1 Mother’s appeals were consolidated by this Court sua sponte on April 26, 2017. 2 In the trial court’s Pa.R.A.P. 1925(a) opinion, dated May 30, 2017, we note that the court requested the consolidation of these two appeals with the appeal at 74 WDA 2017. The trial court explained that the orders now on appeal “are part and parcel of the custody order entered o[n] December 14, 2016[,]” which is the subject of the earlier appeal. We are unable to comply with the trial court’s request in that the decision in the appeal at 74 WDA 2017 was filed on October 20, 2017. See S.B. v. S.S., 74 WDA 2017, unpublished memorandum (Pa. Super. filed Oct. 20, 2017).

-2- J-A27014-17

(“ACP”) where the law recognizes no such entity, and where such appointment is simply the Court[’s] acquiescing to the demands of the discredited psychologist Randy Rand and his self-styled Family Bridges program?

2) Did the trial court legally err and abuse its discretion in granting authority to the ACP, and in deeming him some sort of “expert” where he has no such qualifications, [and] as such[,] is simply the [c]ourt and the ACP[’s] acquiescing to the demands of the discredited psychologist Randy Rand and his self-styled Family Bridges program?

3) Did the trial court legally err and abuse its discretion in delegating judicial decision making to the ACP, where such is simply the [c]ourt[’s] acquiescing to the demands of the discredited psychologist Randy Rand and his self-styled Family Bridges program?

4) Did the trial court legally err and abuse its discretion in ordering [Mother] to pay the ACP’s costs and fees?

5) Did the trial court legally err and abuse its discretion in ordering [Mother] to pay $2400 for 1.5 days of Dr. McGroarty’s testimony, as there was no legal or factual basis for such award?

6) Did the trial court legally err and abuse its discretion in ordering [Mother] to pay $2740 in counsel’s fees for 1.5 days of Dr. McGroarty’s testimony, as there was [no] legal or factual basis for such award?

7) Did the trial court legally err and abuse its discretion in ordering [Mother] to pay $8000 for half of the costs of the Family Bridges Workshop, as there was no legal or factual basis for such award, and the award included costs which were unconnected to the Family Bridges Workshop?

8) Did the trial court legally err and abuse its discretion in ordering [Mother] to pay $3092.50 for counsel’s fees incurred to respond to [Mother’s] King’s Bench Application, as there was no legal or factual basis for such award, and this [c]ourt had no jurisdiction to even consider such an award?

Mother’s brief at 5-6.

-3- J-A27014-17

As noted above, we have undertaken a comprehensive review of the

certified record. We have also examined the briefs of the parties, the

applicable law and the thorough, well-reasoned opinion authored by the

Honorable Kim Berkeley Clark of the Court of Common Pleas of Allegheny

County, dated May 31, 2017. We conclude that Judge Clark’s opinion

properly disposes of the issues presented by Mother in this appeal.

Accordingly, we adopt the trial court’s opinion as our own and affirm the

orders on that basis.

Orders affirmed.

Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary

Date: 12/18/2017

-4- Circulated 11/27/2017 09:39 AM

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA

FAMILY DIVISION

s .8. SUPERIOR COURT NUMBERS: Appellee, 561 WDA 2017 562 WDA 2017 vs. Family Division Docket Number S.S. FD 15-008183 Appellant. OPINION AND REQUEST FOR CONSOLIDATION WITH APPEAL AT 74 WDA 2017

FILED BY:

HON. KIM BERKELEY CLARK

Copies electronically served upon:

Robert Ducote, Esquire Counsel for Appellant 4800 Liberty Avenue, znd Floor Pittsburgh, PA 15224

Elizabeth Pride, Esquire Counsel for the Appellee Pride Law 957 Castle Shannon Boulevard Floor 1 Pittsburgh, PA 15234

Maegan Susa Filo, Esquire Guardian Ad !item 801 Freeport Road New Kensington, PA 15068

ORIGINAL � ·,- � •c. ��., , .. ,,· IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA

S.B., SUPERIOR COURT NUMBERS: Appellee, 561 WDA 2017 561 WDA 2017 vs.

S.S., Family Division Docket Number Appella n t. FD 15-008183

CLARK, J. May 30, 2017

OPINION

This is an appeal from Orders entered on March 16, 2017. On March 16, 2017, the

parties were before this Court for a status conference to discuss the implementation of an

"aftercare plan" to restore Appellant's custodial rights. After the conclusion of the status

conference I appointed Mark Gubinsky, Esquire as the Aftercare Professional in this case and

ordered the parties to cooperate with Mr. Gubinsky and the aftercare plan with a goal towards

restoring Appellant's custodial rights. I ordered that the fees for the Aftercare Professional

be shared equally by the parties. The appointment of an Aftercare Professional was part of the

original custody order by this court entered on December 14, 2016. (See Exhibit "A'\

attached.) This order has been appealed at 74 WDA 2017. I submit that because the Orders

entered on March 16, 2017 are part and parcel of the custody order entered om December 14,

2016, these appeals should be consolidated with the appeal at 74 WDA 2017.

On March 16, 2017, I also entered an order awarding counsel fees and expenses in the

amount of $16, 232.50 to Appel lee, S.B. (hereinafter Father).

1JPage Appellant, S.S., (hereinafter Mother) appeals the Orders entered on March 16, 2016

appointing an "After Care Professional" and awarding counsel fees and expenses to Father.

MATTERS COMPLAINED OF ON APPEAL

With respect to the Order appointing an Aftercare Professional, Mother raises four

matters on appeal. First, appellant alleges that I legally erred and abused my discretion in

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