Wert v. Manorcare of Carlisle Pa, LLC
| Citation | 95 A.3d 268 |
| Parties | 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. |
| Decision Date | 24 June 2014 |
| Court | United States State Supreme Court of Pennsylvania |
OPINION TEXT STARTS HEREPetition for Allowance of Appeal from the Order of the Superior Court, No. 34 MAL 2014.
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) 1?
1. This issue has been abbreviated because, as stated verbatim, it was unnecessarily argumentative.
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Wert v. Manorcare of Carlisle Pa, LLC, 62 MAP 2014
...to be an “integral part” of the Arbitration Agreement (because she did not bother to read the agreement)?Wert v. ManorCare of Carlisle PA, LLC,626 Pa. 114, 95 A.3d 268, 268–69 (2014)(per curiamorder) (footnote omitted).I. BackgroundDecedent resided in Appellants' long-term skilled nursing c......
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Wisler v. Manor Care of Lancaster Pa, LLCD/B/A Manorcare Health Services-Lancaster, HCR Manor Care, Inc.
...unavailability. Our Supreme Court is currently considering whether to overrule or reaffirm Stewart. See Wert v. ManorCare of Carlisle, PA, LLC,626 Pa. 114, 95 A.3d 268, 268–69 (2014)(per curiamorder granting allowance of appeal).7 Rule 803(25)provides:The following are not excluded by the r......