V.S.K. v. Y.V.K.

CourtSuperior Court of Pennsylvania
DecidedMay 7, 2024
Docket1536 MDA 2023
StatusUnpublished

This text of V.S.K. v. Y.V.K. (V.S.K. v. Y.V.K.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
V.S.K. v. Y.V.K., (Pa. Ct. App. 2024).

Opinion

J-S08001-24 J-S08002-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

V.S.K. : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : Y.V.K. : : Appellant : No. 1536 MDA 2023

Appeal from the Orders Entered October 30 2023 In the Court of Common Pleas of Cumberland County Civil Division at No(s): 2016-03340

V.S.K. : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : Y.V.K. : : Appellant : No. 1583 MDA 2023

Appeal from the Orders Entered November 7, 2023 In the Court of Common Pleas of Cumberland County Civil Division at No(s): 2016-03340

IN THE INTEREST OF: M.K., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: Y.V.K., MOTHER : : : : : No. 1668 MDA 2023

Appeal from the Order Entered November 30, 2023 In the Court of Common Pleas of Cumberland County Juvenile Division at No(s): CP-21-DP-0000153-2023 J-S08001-24 J-S08002-24

IN THE INTEREST OF: J.K., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: Y.V.K., MOTHER : : : : : No. 1669 MDA 2023

Appeal from the Order Entered November 30, 2023 In the Court of Common Pleas of Cumberland County Juvenile Division at No(s): CP-21-DP-0000154-2023

BEFORE: OLSON, J., MURRAY, J., and STEVENS, P.J.E.*

MEMORANDUM BY OLSON, J.: FILED MAY 07, 2024

In this consolidated appeal,1 Appellant, Y.V.K., (“Mother”) appeals

pro se from two November 7 2023 orders entered in the Court of Common

Pleas of Cumberland County that, inter alia, found Mother in contempt of a

custody order, sentenced her to six months’ incarceration with a purge ____________________________________________

* Former Justice specially assigned to the Superior Court.

1 In a December 28, 2023 per curiam order, this Court consolidated sua sponte

Mother’s appeals docketed with this Court at 1668 MDA 2023 and 1669 MDA 2023.

In a January 26, 2024 per curiam order, this Court, upon Mother’s application for consolidation, consolidated Mother’s appeals docketed with this Court at 1536 MDA 2023 and 1583 MDA 2023.

And, now, given the overlapping nature of the procedural posture of Mother’s appeals, we sua sponte consolidate the four appeals for dispositional purposes. Due to the use of initials to identify the parties in the appeals filed at 1668 MDA 2023 and 1669 MDA 2023, and the sensitive nature of the matters herein, the captions for the appeals filed at 1536 MDA 2023 and 1583 MDA 2023 have been modified.

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condition, and, as discussed in greater detail infra, denied her request to be

released from incarceration during work hours.2 An appeal was also filed

pro se from two October 30, 2023 orders entered in the Court of Common

Pleas of Cumberland County that sentenced Mother to six months’

incarceration with a purge condition,3 declined to hold Mother in contempt of

a final custody order, and dismissed Mother’s request for a modification of a

____________________________________________

2 In her notice of appeal filed with this Court at 1583 MDA 2023, Mother purports to appeal from an October 27, 2023 order finding her in contempt and sentencing her to six month’s incarceration, as well as a November 1, 2023 order denying her work release request. The record reveals that the two orders were, in fact, filed by the trial court on November 6, 2023, and, pursuant to Pennsylvania Rule of Civil Procedure 236, notice was provided on November 7, 2023. See Pa.R.Civ.P. 236(a) and (b) (requiring the prothonotary to immediately give notice to each party’s attorney or, if unrepresented, to each party of, inter alia, a trial court order and to note on the docket the date notice was provided). In determining the day of entry of an order, Pennsylvania Rule of Appellate Procedure 108 states that “the day of entry shall be the day the clerk of the court or the office of the government unit mails or delivers copies of the order to the parties, or if such delivery is not otherwise required by law, the day the clerk or office of the government unit makes such copies public.” Pa.R.A.P. 108(a)(1). As such, the caption of the appeal filed with this Court at 1583 MDA 2023 has been corrected to reflect that Mother appeals from the November 7, 2023 order finding her in contempt and sentencing her to six months’ incarceration and a separate November 7, 2023 order denying her work release request. See Pa.R.A.P. 301(a)(1) (stating that, “[e]xcept as provided in subparagraph (2) of this paragraph [(relating to an appeal of a judgment of sentence in a criminal case)], no order of a court shall be appealable until it has been entered upon the appropriate docket in the trial court”).

3 We note that the Sentencing Code’s prohibition against flat sentences (see

42 Pa.C.S.A. § 9756(b)(1) (stating, “[t]he [trial] court shall impose a minimum sentence of confinement which shall not exceed one-half of the maximum sentence imposed”)) does not apply to indirect criminal contempt. See Commonwealth v. Marks, 268 A.3d 457, 460-461 (Pa. Super. 2021).

-3- J-S08001-24 J-S08002-24

final custody order.4 Finally, Mother appeals pro se from the November 30,

2023 orders entered in the Court of Common Pleas of Cumberland County that

adjudicated M.K., a male child born December 2006, (“M.K.”) and J.K., a

female child born June 2008, (“J.K”) (collectively, “the children”) dependent

pursuant to the Juvenile Act, 42 Pa.C.S.A. §§ 6301 – 6375.5 After careful

review, we affirm the November 30, 2023 dependency orders as to M.K. and

J.K.; affirm, in part, the November 7, 2023 order holding Mother in contempt

of a final custody order in accordance with this memorandum; affirm the ____________________________________________

4 As discussed in greater detail infra, the appeal docketed with this Court at

1536 MDA 2023 was filed pro se by Mother’s mother (“maternal grandmother”). The notice of appeal purports to appeal from an October 27, 2023 order sentencing Mother to six months’ incarceration with a purge condition, but declining to hold her in contempt, and a second October 27, 2023 order dismissing Mother’s petition for modification of the September 30, 2022 custody order. The order sentencing Mother to six months’ incarceration was dated, and filed by the trial court on, October 27, 2023, but the Rule 236 notice was not provided until October 30, 2023. Similarly, the order dismissing Mother’s petition for modification of the custody order was dated October 26, 2023, and filed by the trial court on October 27, 2023, but the Rule 236 notice was not provided until October 30, 2023. As such, the caption of the appeal filed with this Court at 1536 MDA 2023 has been corrected to reflect that Mother appeals from the October 30, 2023 orders sentencing her to six months’ incarceration and dismissing her petition for modification of the custody order. See Pa.R.Civ.P. 236(a) and (b); see also Pa.R.A.P. 108(a)(1); Pa.R.A.P. 301(a)(1).

5 On December 6, 2023, Mother filed pro se separate notices of appeal at trial

court dockets CP-21-DP-0000153-2023 and CP-21-DP-0000154-2023 (the dependency cases). Both appeals purported to challenge the trial court’s dependency orders entered on November 17, 2023. The record reveals that the trial court dated the dependency orders for November 17, 2023, but did not enter them on the docket until November 30, 2023. As such, Mother’s appeals properly lie from the dependency orders filed on November 30, 2023. See Pa.R.A.P. 301(a).

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November 7, 2023 order denying Mother’s work release request; and, dismiss

the appeal docketed with this Court at 1536 MDA 2023.

A review of the record demonstrates a contentious and voluminous legal

history.

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Bluebook (online)
V.S.K. v. Y.V.K., Counsel Stack Legal Research, https://law.counselstack.com/opinion/vsk-v-yvk-pasuperct-2024.