Seebold v. Prison Health System (memorandum)

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J-S56021-09 NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P 65.37 MICHELLE SEEBOLD, Appellant v. PRISON HEALTH SERVICES, INC. Appellee : IN THE SUPERIOR COURT OF : PENNSYLVANIA : : : : : : : No. 20 MDA 2009 Appeal from the Order entered December 4, 2008, Court of Common Pleas, Lycoming County, Civil Division at No. 07-00024 BEFORE: ORIE MELVIN*, DONOHUE and COLVILLE**, JJ. MEMORANDUM BY DONOHUE, J.: Filed: March 12, 2013 Appellant, Michelle Seebold ( Seebold ), appealed from trial court orders dated December 4, 2008 sustaining the preliminary objections of Appellee, Prison Health Services, Inc. ( PHS ) and dismissing her complaint. On December 1, 2009, this panel issued a memorandum reversing the trial court s order and remanding for further proceedings. Seebold v. Prison Health Servs., 990 A.2d 66 (Pa. Super. 2009) (unpublished memorandum). PHS s petitioned our Supreme Court for allowance of appeal, and the Supreme Court granted that petition on January 25, 2011. On December 28, 2012, the Supreme Court issued an opinion reversing this Court s order and directing this Court to reinstate the trial court s order. Seebold v. Prison Health Servs., ___ Pa. ___, 57 A.3d 1232 (2012). In accordance with the directive of our Supreme Court, we affirm the trial court s order. Order affirmed. *Judge Orie Melvin did not participate in the consideration or decision of this case. **Retired Senior Judge assigned to the Superior Court.

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