Bayview Loan Servicing LLC v. Wicker ( 2018 )

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT BAYVIEW LOAN SERVICING LLC, : No. 310 WAL 2017 : Respondent : : Petition for Allowance of Appeal from : the Order of the Superior Court v. : : : JAMES BERNARD WICKER AND BERYL : G.WICKER, : : Petitioners : ORDER PER CURIAM AND NOW, this 17th day of January, 2018, the Petition for Allowance of Appeal is GRANTED., LIMITED TO the issues set forth below. Allocatur is DENIED as to all remaining issues. The issues, as stated by petitioner, are: (1) Did the Superior Court err in affirming the decision of the trial court which found the [Respondent’s] witness competent to testify and received evidence under the business records exception to the hearsay rule? (2) As to the contested evidence received by the Court, will a grant of allocatur, here, resolve the conflict between both U.S. Bank v. Pautenis; Boyle v. Steiman and Commonwealth Financial Systems v. Smith as to the admissibility of witness testimony at a debt collection trial?