Bisher, B., Pets. v. Lehigh Vly Health Net.

Supreme Court of Pennsylvania

Bisher, B., Pets. v. Lehigh Vly Health Net.

DecidedMarch 31, 2021

Docket543 MAL 2020 (Granted)

StatusPublished

This text of Bisher, B., Pets. v. Lehigh Vly Health Net. (Bisher, B., Pets. v. Lehigh Vly Health Net.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bisher, B., Pets. v. Lehigh Vly Health Net., (Pa. 2021).

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Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

BRENTON D. BISHER AND CARLA S. : No. 543 MAL 2020 BISHER, INDIVIDUALLY AND AS : ADMINISTRATORS OF THE ESTATE OF : CORY ALLEN BISHER, DECEASED, : Petition for Allowance of Appeal : from the Order of the Superior Petitioners : Court : : v. : : : LEHIGH VALLEY HEALTH NETWORK, : INC., LEHIGH VALLEY HOSPITAL, INC., : LEHIGH VALLEY ANESTHESIA : SERVICES, PC, LVPG PULMONARY AND : CRITICAL CARE MEDICINE, DR. BRIAN : CIVIC, DR. DOROTHEA WATSON, DR. : JENNIFER STROW, DR. BONNIE PATEK, : DR. FREDERIC STELZER, EASTERN : PENNSYLVANIA GASTROENTEROLOGY : AND LIVER SPECIALISTS, PC, AND : NORMA D. WILSON, CRNA, : : Respondents :

ORDER

PER CURIAM

AND NOW, this 31st day of March, 2021, the Petition for Allowance of Appeal is

GRANTED. The issues, as stated by petitioner, are:

(1) Did the Superior Court err in quashing Petitioners’ appeal based upon the Superior Court’s finding that it lacked jurisdiction to hear the appeal as it relates to the Estate of Cory Allen Bisher because the Estate’s Complaint was void ab initio, where the trial court permitted a non-attorney to represent the Estate until the statute of limitations had expired? (2) Did the Superior Court err in quashing Petitioners’ appeal based upon the Superior Court’s holding that it lacked jurisdiction to hear the appeal as it relates to pro se litigants Carla Bisher and Brenton Bisher because of an improper verification, an issue raised sua sponte by the Superior Court?

(3) Did the Superior Court err in ruling that the Certificates of Merit at issue in the instant case were deficient where the Certificates of Merit met the legal requirements of Pa.R.C.P. 1042.3 and the MCARE Act?

[543 MAL 2020] - 2

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

BRENTON D. BISHER AND CARLA S. : No. 543 MAL 2020 BISHER, INDIVIDUALLY AND AS : ADMINISTRATORS OF THE ESTATE OF : CORY ALLEN BISHER, DECEASED, : Petition for Allowance of Appeal : from the Order of the Superior Petitioners : Court : : v. : : : LEHIGH VALLEY HEALTH NETWORK, : INC., LEHIGH VALLEY HOSPITAL, INC., : LEHIGH VALLEY ANESTHESIA : SERVICES, PC, LVPG PULMONARY AND : CRITICAL CARE MEDICINE, DR. BRIAN : CIVIC, DR. DOROTHEA WATSON, DR. : JENNIFER STROW, DR. BONNIE PATEK, : DR. FREDERIC STELZER, EASTERN : PENNSYLVANIA GASTROENTEROLOGY : AND LIVER SPECIALISTS, PC, AND : NORMA D. WILSON, CRNA, : : Respondents :

ORDER

PER CURIAM

AND NOW, this 31st day of March, 2021, the Petition for Allowance of Appeal is

GRANTED. The issues, as stated by petitioner, are:

(1) Did the Superior Court err in quashing Petitioners’ appeal based upon the Superior Court’s finding that it lacked jurisdiction to hear the appeal as it relates to the Estate of Cory Allen Bisher because the Estate’s Complaint was void ab initio, where the trial court permitted a non-attorney to represent the Estate until the statute of limitations had expired? (2) Did the Superior Court err in quashing Petitioners’ appeal based upon the Superior Court’s holding that it lacked jurisdiction to hear the appeal as it relates to pro se litigants Carla Bisher and Brenton Bisher because of an improper verification, an issue raised sua sponte by the Superior Court?

(3) Did the Superior Court err in ruling that the Certificates of Merit at issue in the instant case were deficient where the Certificates of Merit met the legal requirements of Pa.R.C.P. 1042.3 and the MCARE Act?

[543 MAL 2020] - 2

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Bisher, B., Pets. v. Lehigh Vly Health Net., Counsel Stack Legal Research, https://law.counselstack.com/opinion/bisher-b-pets-v-lehigh-vly-health-net-pa-2021.