Opinion
2014-06-24
Evonne K. WERT, Executrix of the Estate of Anna E. Kepner, Deceased v. MANORCARE OF CARLISLE PA, LLC d/b/a ManorCare Health Services–Carlisle; HCR ManorCare, Inc; Manor Care, Inc.; HCR Healthcare, LLC; HCR II Healthcare, LLC; HCR III Healthcare, LLC; HCR IV Healthcare, LLC : GGNSC Gettysburg, LP, d/b/a Golden Living Center–Gettysburg; GGNSC Gettysburg GP, LLC; GGNSC Holdings, LLC; Golden GATE National Senior Care, LLC; GGNSC Equity Holdings, LLC; GGNSC Administrative Services, LLC. Petition of GGNSC Gettysburg LP, d/b/a Golden Living Center—Gettysburg; GGNSC Gettysburg GP, LLC; GGNSC Holdings, LLC; Golden Gate National Senior Care, LLC; GGNSC Equity Holdings, LLC and GGNSC Administrative Services, LLC.
Petition for Allowance of Appeal from the Order of the Superior Court, No. 34 MAL 2014.
ORDER
PER CURIAM.
AND NOW, this 24th day of June 2014, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioners, are:
(1) Whether the Superior Court's decision in Stewart v. GGNSC–Canonsburg, L.P., 9 A.3d 215 (Pa.Super.2010), holding that the NAF Designation voided an identical ArbitrationAgreement, was incorrectly decided and should be reversed, where there is no evidence indicating that the NAF designation was integral to the Agreement?
(2) Whether the Court may ignore undisputed testimonial evidence that the party seeking to void the Agreement did not consider the NAF Designation to be an “integral part” of the Arbitration Agreement (because she did not read the agreement) ?