Opinion
J-A18011-18 No. 153 EDA 2018
12-18-2018
DE LAGE LANDEN FINANCIAL SERVICES, INC., Appellee v. GLORIA FEIJO Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Order Entered December 7, 2017
In the Court of Common Pleas of Chester County
Civil Division at No: 2016-10159-CT BEFORE: STABILE, J., STEVENS, P.J.E., and STRASSBURGER, J. MEMORANDUM BY STABILE, J.:
Former Justice specially assigned to the Superior Court.
Retired Senior Judge assigned to the Superior Court.
Appellant, Gloria Feijo, appeals pro se from the December 7, 2017 order denying her petition to open a default judgment. We quash.
The record reveals that Appellee, De Lage Landen Financial Services, Inc., filed a complaint on October 25, 2016 alleging that Appellant breached an equipment lease agreement. Appellant never filed an answer, and a default judgment was entered against her on January 24, 2017. Appellant filed a pro se petition to open the judgment on May 19, 2017, and Appellee filed its response on June 1, 2017. On June 23, 2017, Appellant filed a pro se reply and a proposed answer to Appellee's complaint. The trial court denied the motion on December 7, 2017, and this timely appeal followed.
On January 12, 2018, the trial court ordered Appellant to file and serve on the judge a concise statement of matters complained of on appeal pursuant to Pa.R.A.P. 1925(b). The certified docket indicates that a copy of the order was sent to all counsel and unrepresented parties on January 16, 2018. Appellant filed a timely concise statement but failed to serve it on the trial court in accord with Pa.R.A.P. 1925(b)(1) and the express terms of the trial court's order. Appellant's failure to serve a copy of her Pa.R.A.P. 1925(b) statement on the trial court results in waiver of the issues she would present on appeal. Forest Highlands Community Ass'n v. Hammer , 879 A.2d 223, 228-29 (Pa. Super. 2005). We are therefore constrained to quash this appeal. Were we to address the merits, however, we would affirm for the reasons stated in the trial court's Pa.R.A.P. 1925(a) opinion, filed on February 28, 2018. A copy of that opinion is attached.
Appeal quashed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 12/18/18
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