Wert, E. v. Manorcare of Carlisle, et al (concurring)

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J-S31020-13 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 EVONNE K. WERT, EXECUTRIX OF THE ESTATE OF ANNA E. KEPNER, DECEASED IN THE SUPERIOR COURT OF PENNSYLVANIA v. MANORCARE OF CARLISLE PA, LLC D/B/A MANORCARE HEALTH SERVICESCARLISLE; 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 APPEAL 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 No. 1746 MDA 2012 Appeal from the Order Entered September 13, 2012 In the Court of Common Pleas of Cumberland County Civil Division at No(s): 12-165 Civil BEFORE: BOWES, J., OTT, J., and FITZGERALD, J.* * Former Justice specially assigned to the Superior Court. J-S31020-13 CONCURRING STATEMENT BY FITZGERALD, J. Although I agree with the majority s determination that we are bound by the prior decision of this Court in Stewart v. GGNCS-Canonsburg, L.P., 9 A.3d 215 (Pa. Super. 2010), I write to observe that I am troubled by the result. Instantly, Appellee signed the admission documents presented to her in order to facilitate her mother s admittance into Appellant s facility. I would not find that the agreement to arbitrate pursuant to the NAF Code is coterminous with agreement that only NAF could administer the arbitration, where the document itself does not identify who shall administer the arbitration. -2-

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