PER CURIAM.
Petition for Allowance of Appeal, No. 543 MAL 2011, from the Published Opinion and Order of the Superior Court at No. 746 MDA 2009, at 29 A.3d 375 (Pa. Super. 2011) filed June 28, 2011, affirming the Order of the Luzerne County Court of Common Pleas at No. 4462–2007 filed March 2, 2009.
ORDER
PER CURIAM.
AND NOW, this 22nd day of August, 2013, the Petition for Allowance of Appeal is GRANTED, the Order of the Superior Court is
VACATED,
and this matter is
REMANDED to the Superior Court for reconsideration in light of Seebold v. Prison Health Serv., ––– Pa. ––––, 57 A.3d 1232 (2012).
Petitioners' Application to Remand this Matter to Superior Court for Reconsideration in Light of Seebold, is
DISMISSED
as moot.
Justice Baer dissents and would deny the allocatur petition as he views Seebold v. Prison Health Serv., ––– Pa. ––––, 57 A.3d 1232 (2012) as distinguishable from this case.