The mortgagee filed a foreclosure suit against the mortgagor, but a nonsuit was granted after the lower court found that the mortgagee failed to give proper notice under Act 91. The mortgagee then issued proper notice and filed a nearly-identical foreclosure suit. The trial court held that the action was barred by res judicata. The Superior Court disagreed and held that the prior nonsuit was not on the merits. Likewise, the Superior Court held that Pa.R.Civ.P. 231(b) did not bar the suit.
