Opinion
J-A10017-18 No. 2910 EDA 2017
04-30-2018
STEPHANIE HESTER-ALLEN Appellant v. KEVIN PERRY AND ROSALYN PEDLAR
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Order August 24, 2017
In the Court of Common Pleas of Philadelphia County Civil Division at No(s): 02850 September Term 2016 BEFORE: GANTMAN, P.J., McLAUGHLIN, J., and RANSOM, J. MEMORANDUM BY McLAUGHLIN, J.:
Retired Senior Judge assigned to the Superior Court.
Stephanie Hester-Allen appeals from the order denying her Motion for Assessment of Damages Hearing. We affirm.
The trial court set forth the factual and procedural history, which we adopt and incorporate herein. Trial Court Opinion, filed 11/20/17, at 1.
On appeal, Hester-Allen claims that the trial court erred in denying her Motion for Assessment of Damages Hearing and that she properly served the Complaint.
Whether a judgment is void due to lack of proper service of the complaint raises a challenge to the "operation of procedural rules of court," which is a question of law. Green Acres Rehabilitation and Nursing Ctr. v. Sullivan , 113 A.3d 1261, 1267 (Pa.Super. 2015). Therefore, our standard of review is de novo and our scope is plenary. Id.
The trial court did not err in denying the Motion for Assessment of Damages Hearing. The trial court concluded Hester-Allen failed to properly serve the complaint within 30 days and did not seek to re-instate the complaint before attempting service. TCO, 11/20/17, at 2. Therefore, the court found it lacked jurisdiction over Perry and Pedlar, the default judgment was void, and it properly denied the Motion for Assessment of Damages Hearing. Id. at 2-3. This was not error. After review of the briefs, record, and relevant case law, we adopt the well-reasoned opinion of the Honorable Daniel J. Anders, and incorporate it herein. Id. at 2-3.
Order affirmed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 4/30/18
Image materials not available for display.