*1 IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT BAYVIEW LOAN SERVICING LLC, : No. 383 EAL 2016

: Respondent :

: Petition for Allowance of Appeal from : the Order of the Superior Court v. :

: : RODGER LINDSAY, :

: Petitioner :

ORDER PER CURIAM

AND NOW , this 7th day of March, 2017, the Petition for Allowance of Appeal is GRANTED with respect to the issue raised, and as presented, by the Petitioner:

Whether the Superior Court erred in determining that a homeowner was not the prevailing party because a residential mortgage foreclosure action does not “arise under Act 6” where the homeowner raised defenses to a mortgage foreclosure under Act 6 and the lender then discontinued the mortgage foreclosure action?