Picadio Sneath Miller & Norton, P.C.

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June 2015 Archives

Pennsylvania Supreme Court Clarifies the Application of CASPA

Owen-J-Mcgrann-profile.jpgAfter years of confusion regarding the seemingly overlapping roles of the Pennsylvania Contractor and Subcontractor Payment Act ("CASPA") and the Pennsylvania Prompt Payment Act, Pennsylvania appellate courts have issued two clarifying opinions in the past three months. The first, issued by the Pennsylvania Commonwealth Court has been discussed in these pages previously.  In some ways, the Commonwealth Court opinion is a superior examination of these issues. The most recent, an opinion from the Pennsylvania Supreme Court issued on June 15, 2015 confirms the holding of the Commonwealth Court (although, oddly, it does not cite East Coast Paving & Sealcoating, Inc. v. North Allegheny School District), and clarifies when the Contractor and Subcontractor Payment Act applies to construction payment disputes versus when the Prompt Payment Act is the applicable statute.

PA Superior Court Holds Service on Franchisee's Employee Ineffective to Complete Service on Franchisor

Thumbnail image for Monaco Greg.jpgIn Trexler v. McDonald's Corp., 2015 PA Super 131 (June 3, 2015), the Pennsylvania Superior Court was asked to decide whether a corporate franchisor was properly served with original process where the plaintiff served the franchisee's employee at a restaurant location that was operated on property owned by the franchisor.  The court held that this was not proper service under Rule 424 (service on corporations and similar entities).  

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