| PHYLLIS ZALEPPA v. KRISTEN SEIWELL AND JAMES SEIWELL APPEAL OF: KRISTEN SEIWELL No. 2019 MDA 2009 2010 PA Super 208 Atlantic: n/a Filed: 11/17/2010 | |
| Appeal from the Judgment entered October 26, 2009 in the Court of Common Pleas of Luzerne County Civil Division at No: 11157-C of 2006 | |
| Before: ALLEN, MUNDY, and COLVILLE, JJ. | |
| Opinion by: MUNDY, J. | |
| Appellant, Kristen Seiwell, appeals from the judgment entered on October 26, 2009 in the Luzerne County Court of Common Pleas. The judgment was entered following a trial in which the jury returned a verdict in the amount of $15,000.00 against Seiwell and in favor of Appellee, Phyllis Zaleppa. Seiwell alleges that the trial court erred in denying her post-trial motion, which requested that the court enter an order directing her to pay the verdict either (1) by naming Medicare, along with Zaleppa and her attorneys, as payees on the draft satisfying the verdict or (2) by paying the verdict into court pending notification from Medicare that all outstanding Medicare liens have been satisfied. After careful consideration, we conclude that there is no legal basis under either federal or Pennsylvania law to assert the interests of the United States government as to the reimbursement of Medicare liens. Thus, the trial court properly denied Seiwell’s post-trial motion. Accordingly, we affirm. | |
Wednesday, November 17, 2010
PHYLLIS ZALEPPA v. KRISTEN SEIWELL AND JAMES SEIWELL APPEAL OF: KRISTEN SEIWELL
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