Bair v. Manor Care of Elizabethtown, PA, 108 A.3d 94

Decedent was admitted to Manor Care in April 2011; her daughter and power-of-attorney holder, M. Sylvia Bair, signed admissions paperwork including a printed "Voluntary Arbitration Agreement" on behalf of the patient.
The 2011 arbitration form had blanks for parties and date, referenced an attached brochure that was not included, and the Center Representative signature line was left blank.
Manor Care sought to compel arbitration; the trial court permitted discovery on enforceability and overruled Manor Care’s preliminary objections, finding no agreement to arbitrate.
Bair testified nobody explained the arbitration agreement to her at admission; she signed believing it was required for admission.
Manor Care produced a fully executed arbitration agreement from 2009 bearing signatures from both sides; the trial court relied on that prior course of dealing to infer Manor Care normally completed and signed the form.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was a binding arbitration agreement in 2011	The unsigned, undated form lacking party names and the brochure is facially deficient and shows no mutual assent by Manor Care	Presentation of the form constituted an offer; Bair’s signature accepted it; Manor Care need not sign to be bound	No enforceable agreement: blanks and missing Center signature/brochure show lack of mutual assent

Gaffer Ins. Co. v. Discover Reinsurance Co., 936 A.2d 1109 (Pa. Super. 2007) (standard for reviewing denial of petition to compel arbitration)
Bucks Orthopaedic Surgery Associates, P.C. v. Ruth, 925 A.2d 868 (Pa. Super. 2007) (contract interpretation reviewed de novo)
E.E.O.C. v. Waffle House, Inc., 534 U.S. 279 (2002) (arbitration requires an express agreement)
Lackner v. Glosser, 892 A.2d 21 (Pa. Super. 2006) (offers must be sufficiently definite; essential terms required)
Hopkins v. New Day Fin., 643 F. Supp. 2d 704 (E.D. Pa. 2009) (discusses whether unsigned writing may be enforced)