Beneficial Consumer Discount Co. v. Vukman

OPINION

Justice EAKIN.

This is an appeal from the order of the Superior Court affirming the order of the Court of Common Pleas of Allegheny County, which granted appellee’s motion to set aside judgment and sheriffs sale, and dismissed appellant Beneficial Consumer Discount Company’s praecipe without prejudice. Upon review, we reverse and remand.

In October, 2006, mortgagee Beneficial filed a complaint in mortgage foreclosure against mortgagor appellee, alleging appellee was in default. Prior to the filing, Beneficial provided appellee an “Act 91” notice, discussed below. The parties eventually…