Zepeda, K. v. Sanchez, M.
CourtSuperior Court of Pennsylvania
Date FiledNovember 3, 2026
Docket2660 EDA 2025
JudgeLazarus
StatusUnpublished
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Full Opinion
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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
KENIA F. ZEPEDA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellant :
:
:
v. :
:
:
MISAEL SANCHEZ : No. 2660 EDA 2025
Appeal from the Order Entered September 29, 2025
In the Court of Common Pleas of Delaware County Civil Division at
No(s): CV-2025-000282
BEFORE: LAZARUS, P.J., BECK, J., and NEUMAN, J.
JUDGMENT ORDER BY LAZARUS, P.J.: FILED NOVEMBER 3, 2026
Kenia F. Zepeda appeals pro se from the order, entered in the Court of
Common Pleas of Delaware County, finding her in contempt of court. After
review, we dismiss Zepeda’s appeal for failing to comply with our appellate
rules.
In light of our disposition, we briefly summarize the factual and
procedural posture of this case. On January 10, 2025, Zepeda filed a custody
action seeking primary physical custody of the parties’ minor child. After
hearings and proceedings unrelated to the contempt order, on August 22,
2025, Misael Sanchez filed a petition for contempt of custody against Zepeda.
On September 24, 2025, after a contempt hearing, the trial court granted
Sanchez’s contempt petition and found Zepeda in contempt.
Zepeda filed a timely notice of appeal and a contemporaneous Pa.R.A.P.
1925(b) concise statement of errors complained of on appeal. We observe
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that the trial court, in its opinion, concluded that Zepeda’s Rule 1925(b)
statement was wholly deficient and failed to preserve any claims for appeal.
See Trial Court Opinion, 12/4/25, at 1-2.
Preliminarily, we note that “pro se litigant[s] must comply with the
procedural rules set forth in the Pennsylvania Rules of the Court.”
Commonwealth v. Freeland, 106 A.3d 768, 776 (Pa. Super. 2014).
Instantly, we are constrained to dismiss Zepeda’s appeal due to her failure to
comply with Rule 1925(b). Zepeda’s Rule 1925(b) statement completely fails
to identify any appealable issue other than her “dissatisf[action]” with being
found in contempt. See Zepeda’s Statement of Errors, 10/14/25, at 1. Thus,
we agree with the trial court and conclude that Zepeda’s Rule 1925(b)
statement has waived any claims on appeal. See Pa.R.A.P. 1925(b)(4)(vii)
(“Issues not included in the Statement and/or not raised in accordance with
the provisions of this paragraph are waived.”). 1
Even if we had not deemed Zepeda’s issues waived on appeal, we would
dismiss her appeal for filing a woefully deficient pro se brief that materially
fails to conform to the requirements set forth in the Pennsylvania Rules of
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1 While Rule 1925(c)(3) allows an appellate court to remand the matter for
the appointment of new counsel and preparation of a concise statement in
criminal cases where counsel has provided per se ineffective assistance by
failing to comply with Rule 1925, “pro se appellants are excluded from this
exception to the waiver doctrine.” See Pa.R.A.P. 1925 Note: Subparagraph
(c)(3) (“This subparagraph allows an appellate court to remand in criminal
cases only when an appellant, who is represented by counsel, has completely
failed to respond to an order to file and serve a Statement or has failed to do
so timely.”).
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Appellate Procedure.2 See Pa.R.A.P. 2111(a). Notably, Zepeda’s brief either
entirely omits or does not adequately include the following: a statement of
jurisdiction, reference to the order or determination in question, statements
of the scope and standard of review, statement of questions involved,
summary of the case, summary of the argument, or an argument section.
See Pa.R.A.P. 2111(a)(3), 2114, 2115(a), 2116(a), 2117(a), 2118, 2119(a)-
(f). Moreover, Zepeda does not cite to where in the record her claims are
preserved and fails to cite any case law or controlling authority whatsoever.
See Pa.R.A.P. 2119(a) (providing appellant’s arguments shall include “such
discussion and citation of authorities as are deemed pertinent”); id. at (e)
(“where under applicable law an issue is not reviewable on appeal unless
raised or preserved below, the argument must set forth . . . either a specific
cross-reference to the page or pages of the statement of the case which set
forth the information relating thereto as required by Pa.R.A.P. 2117(c)”); see
also Commonwealth v. Johnson, 985 A.2d 915, 924 (Pa. 2009) (“where an
appellate brief fails to . . . develop the issue in any [] meaningful fashion
capable of review, that claim is waived”); Commonwealth v. Hardy, 918
A.2d 766, 771 (Pa. Super. 2007) (explaining appellant must “present
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2 Zepeda’s entire appellate brief is a collection of prior documents,
photographs, and incident reports. See Brief for Appellant, at 1-60. Upon
review, some of the documents and images included in Zepeda’s brief do not
appear in the certified record before us and, consequently, we cannot consider
them. See Riverview Carpet & Flooring, Inc. v. Presbyterian
SeniorCare, 299 A.3d 937, 976 n.27 (Pa. Super. 2023) (appellate courts may
only consider facts which have been duly certified in record on appeal).
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arguments that are sufficiently developed for our review. . . . This Court will
not act as counsel and will not develop arguments on behalf of an appellant.”).
Accordingly, we dismiss this appeal. See Pa.R.A.P. 2101 (“[I]f the defects in
the brief [] are substantial, the appeal [] may be . . . dismissed.”); see also
Commonwealth v. Tchirkow, 160 A.3d 798, 804 (Pa. Super. 2017)
(“Although this Court is willing to construe liberally material filed by a pro se
litigant, pro se appellants enjoy no special benefit.”).
Appeal dismissed.
Date: 11/3/2026
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