Don’t Forget To Sign On The Dotted Line: A Cautionary Tale

Last week, the Pennsylvania Superior Court issued an interesting decision involving the enforceability of an unsigned agreement to arbitrate.

In Bair v. Manor Care of Elizabethtown PA, LLC, plaintiff, Sylvia Bair, brought a wrongful death lawsuit against Manor Care in the Lancaster County Court of Common Pleas alleging institutional abuse and/or neglect resulting in the death of her elderly mother, Martha Edwards.  Manor Care filed preliminary objections to the complaint seeking to compel arbitration pursuant to a standalone "Voluntary Arbitration Agreement" signed by Ms. Bair on behalf of her mother at the time of admission pursuant to a power of attorney.

The agreement contained blanks on the first page for the insertion of the names of the contracting parties and the date – none of these blanks was completed.  Further, the agreement provided that, "arbitration is described in the voluntary arbitration program brochure," a copy of which was to be "attached and