We vacate the order and remand.
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J-A claims of negligence and corporate negligence arising from injuries she sustained between December and Junewhile in the care of Hillcrest and AEMC. Ramey was admitted to AEMC for diagnosis and treatment of the sores. Following discharge, AEMC advised Davis that Ramey could not return to his home and instead must be admitted to a nursing care facility. Davis presented this power of attorney during his meeting at Hillcrest.
Davis was permitted to take the documents with him and fax them back once ed. She subsequently returned to Hillcrest, where she remained until she was transferred to Wesley Enhanced Living on June 22, The writs of summons were issued and served. On March 29,Appellants filed preliminary objections, seeking to transfer the matter to arbitration based upon the Arbitration Agreement.
Ramey filed an answer on April 18,arguing that the preliminary objections should be overruled because the Arbitration Agreement was unenforceable as a contract of adhesion. Thus, it appears from the record that Davis faxed the paperwork back no earlier than April 13, In her affidavit, Frankhouser stated that she remembered Davis, but did not have a specific recollection of her admissions conversation with him.
Though her specific recollection was lacking, she stated that her normal practice regarding the Arbitration Agreement included 1 ensuring that the individual ing had the authority to do so; 2 explaining the terms of the Arbitration Agreement, including that it was not required for admission to Hillcrest; 3 informing the atory that he could review the Arbitration Agreement with an attorney; and 4 pennslyvania any other questions womaan atory may have.
In his deposition, Davis stated that he hired an attorney to help him with the admissions process of placing his mother in a nursing home.
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When Davis visited Hillcrest, though, his mother was approved for admission that day. On that day, he believed he met with two women who presented him with various forms, including the Arbitration Agreement. He did not remember if anyone explained the forms to him, nor did he recall filling out the forms. He stated that he would have ed anything to get his mother admitted to Hillcrest.
Upon reviewing the forms during his deposition, Davis recalled that he took the forms home, filled them out, ed them, and faxed them to Hillcrest upon completion. He stated that he did not read them before pennsylvaniaa, and that he had no time to discuss the admission process with anyone.
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Davis also stated that he helped his mother with her financial affairs and took care of his own affairs, including running a business where he rents homes to pennnsylvania via standardized pre-written leases. The tamey court heard oral argument on September 6, On November 20,the trial court overruled the preliminary objections. This timely filed notice of appeal followed. Kindred Healthcare, Inc. Both Appellants and the trial court have complied with the mandates of Pa.
Northern Health Facilities, Inc. Extendicare Health Facilities, Inc. Grane Healthcare Co. In its Pa. Specifically, the trial court considered the evidence presented as follows. Accordingly, his need to find a placement was urgent. The [trial c]ourt credit[ed] his testimony that he believed that if he did not all the documents, his mother would not receive care.
This conclusory assertion is unaccompanied by any corroborative evidence of documents typically generated in a transaction that is undeniably important to both parties, such as contemporaneous notes, memoranda, correspondence,computer data or calendar entries[. The [trial c]ourt finds that the [Arbitration] Agreement is procedurally unconscionable because it was presented to Davis in a woefully deficient manner. The [trial] court finds this  dispositive and finds that the [Arbitration] Agreement is substantively unconscionable.
It was revocable within 30 days of ing, and states that the atory has a right to have the agreement reviewed by an attorney. Notably, Davis hired an attorney to help him with the paperwork for admitting his mother to Hillcrest, and employed that attorney to speak with Hillcrest about admission prior to his visiting. While it could be pd that Davis had some familiarity with - 10 - J-A contract terminology pursuant to his rental business, he also was an individual who was comfortable seeking legal advice when he deemed it necessary.
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In the instant case, Davis took the admissions paperwork home with him, completed it, and faxed it back six days after Ramey was admitted to Hillcrest. Thus, he had the opportunity to have his attorney review the documents if he so chose. Notably, in filling out the admissions paperwork, Davis did not rubber-stamp ni document.
Thus, it is apparent from the record that he reviewed at least the Admission Agreement and the Resident Fund s document. Accordingly, we conclude that his assertion that he did not have time to discuss the admission paperwork with anyone, or review it himself, is refuted by the record and not supported by substantial evidence. Furthermore, our review of the record indicates that this is not a case of non-disclosure on the part of Appellants, but rather a case where Davis did not put forth any effort to read or understand the Arbitration Agreement.
His willful failure to read the Arbitration Agreement does not render it procedurally unconscionable. One who is about to a contract has a duty to read that contract first. Pardoe, A. Cardinal, A. See also Wert v.
In MacPherson [v. Magee Memorial Hosp. In the instant case, the Arbitration Agreement contains substantially similar terms as the ones outlined in MacPherson, save for paragraph 11, which sets forth the following limitation on damages. Limitation on Damages.
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The Arbitrator or Arbitration Panel is authorized to award compensatory and punitive damages to the extent permitted by the substantive state law for the state in which [Hillcrest] is located. All disputes regarding availability of compensatory and punitive damages under applicable state law shall be decided by the Arbitrator or Arbitration Panel. Arbitration Agreement at 2 emphasis added. The trial court found that this limitation on damages clause made the Arbitration Agreement substantively - 13 - J-A unconscionable.
What the trial court ignored, though, is that Genesis included a severability clause at the end of paragraph 11, as well as a general severability clause in paragraph Arbitration Agreement at Fellerman v. Additionally, Genesis included explicit severability clauses within paragraphs 11 and Accordingly, the trial court erred in not severing this portion of the agreement and permitting the remainder of the agreement to remain enforceable.
Order vacated. Case remanded. Jurisdiction relinquished. Judge Colins s in this memorandum. President Judge Panella files a dissenting statement.
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Judgment Entered. Joseph D. Seletyn, Esq.