J-A28002-14

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NATIONSTAR MORTGAGE, LLC IN THE SUPERIOR COURT OF

PENNSYLVANIA

Appellee

v.

THOMAS MASUCCI

Appellant No. 3223 EDA 2013

Appeal from the Judgment Entered November 6, 2013

In the Court of Common Pleas of Montgomery County

Civil Division at No(s): 2013-03627

BEFORE: GANTMAN, P.J., WECHT, J., and JENKINS, J.

MEMORANDUM BY GANTMAN, P.J.: FILED NOVEMBER 03, 2014

Appellant, Thomas Masucci, appeals from the judgment entered in the 

Montgomery County Court of Common Pleas, in favor of Appellee, Nationstar 

Mortgage, LLC, in this mortgage foreclosure action. We affirm.

In its opinion, the trial court fully and correctly sets forth the relevant 

facts and procedural history of this case. Therefore, we have no reason to 

restate them.

Appellant raises the following issues for our review:

1. DID THE TRIAL COURT COMMIT AN ERROR OF LAW IN 

ITS GRANT OF SUMMARY JUDGMENT UPON A DEFECTIVE 

NOTE TRANSFER?

2. DID THE TRIAL COURT COMMIT AN ERROR OF LAW BY 

DEEMING THE COMPLAINT’S AVERMENTS ADMITTED 

ALLOWING FOR ENTRY OF SUMMARY JUDGMENT?

3. DID THE TRIAL COURT COMMIT AN ERROR OF LAW IN 
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ITS GRANT OF SUMMARY JUDGMENT UPON AN 

INADMISSIBLE HEARSAY TESTIMONIAL AFFIDAVIT?

4. DID THE DEFECTIVE ACT 6/91 NOTICE PRECLUDE 

ENTRY OF JUDGMENT?

(Appellant’s Brief at 9).

As a prefatory matter, issues not raised in the trial court are waived 

and cannot be raised for the first time on appeal. Majorsky v. Douglas, 58 

A.3d 1250 (Pa.Super. 2012), appeal denied, 620 Pa. 732, 70 A.3d 811 

(2013), cert. denied, ___ U.S. ___, 134 S.Ct. 910, 187 L.Ed.2d 780 (2014); 

Commonwealth v. Stevenson, 894 A.2d 759, 766 (Pa.Super. 2006), 

appeal denied, 591 Pa. 691, 917 A.2d 846 (2007); Pa.R.A.P. 302(a). To 

preserve claims for appellate review, appellants must comply whenever the 

trial court orders a concise statement of errors complained of on appeal; any 

issues not raised in a [Rule] 1925(b) statement will be deemed waived. 

Majorsky, supra at 1258; Stevenson, supra. 

Instantly, Appellant presents four issues for our review. Although he 

listed issues one, three and four in his Rule 1925(b) statement, he raises 

issue two for the first time in his appellate brief. Thus, we deem Appellant’s 

second issue waived because he did not raise it in clear terms in his Rule 

1925(b) statement. See id. 

After a thorough review of the record, the briefs of the parties, the 

applicable law, and the well-reasoned opinion of the Honorable Cheryl L. 

Austin, we conclude Appellant’s remaining issues merit no relief. The trial 
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court opinion comprehensively discusses and properly disposes of the 

questions presented. (See Trial Court Opinion, filed February 4, 2014, at 3-

14) (finding: no issue of material fact existed that Appellant was mortgagor 

of property, recorded mortgage is in specified amount, and Appellant 

defaulted under terms of his mortgage every month since September 1, 

2012; given Appellant’s admission of default, Appellee’s uncontroverted 

affidavit concerning default did not either drive or preclude judgment in 

favor of Appellee; no evidence of record showed Appellant was prejudiced by 

Appellee’s error in listing itself as original lender in Act 6/91 Notice; Appellee 

demonstrated it was real party in interest, as current holder of mortgage by 

virtue of assignment, and as current holder of note, Appellee had right to 

enforce it against Appellant). Accordingly, we affirm on the basis of the trial 

court’s opinion.

Judgment affirmed. 

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 11/3/2014
Circulated 10/21/2014 03:44 PM
Circulated 10/21/2014 03:44 PM
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Circulated 10/21/2014 03:44 PM