Archive for the ‘Hunter Schenck’ Category

PA Judgments Must Be Revived

access_time Posted on: December 27th, 2021

A “judgment holder” or “judgment creditor” is the person or entity that obtains a judgment against a “judgment debtor.”  The ultimate goal of many lawsuits is to win a monetary judgment against the other party.   However, the judgment holder might not automatically receive payment once a judgment has been obtained.  In Pennsylvania, there are certain requirements for reviving a judgment in order to ensure that you do not lose your rights as a judgment holder.  A judgment issued by a Magisterial District Justice or MDJ expires after 5 years if nothing is done. A judgment at the county Court… read more »

Can a Corporation or LLC be Pro Se in PA?

access_time Posted on: December 17th, 2021

When someone is pro se, it means that they’re representing themselves in court.  Owners and other officers involved in corporate entities such as corporations, limited liability companies, non-profits, and limited partnerships, may wonder if they can appear in court on behalf of the entity.  The short answer is NO.  At least not after the MDJ level. Rule 207 of the Magisterial District Judges Rules of Civil Procedure allows corporate entities to appear pro se at the MDJ level.  However, that is not the case at the Court of Common Pleas and higher courts with very few exceptions including stockholder’s derivative… read more »

Eviction Update: SCOTUS Strikes Down CDC Moratorium

access_time Posted on: August 27th, 2021

On August 26, 2021, the Supreme Court of the United States issued a per curiam decision stating that the statute on which the Center for Disease Control relied to issue a moratorium on residential evictions does not grant the CDC the authority that it claims. The court went on to state that it would be a different matter “if Congress had specifically authorized the action that the CDC has taken.”  Instead, the Court stated, the CDC imposed a nationwide eviction moratorium while claiming authority under an old statute which allowed the CDC to implement pest extermination and fumigation. After a… read more »

CDC Issues New Eviction Moratorium, Limitations Apply

access_time Posted on: August 4th, 2021

The National Eviction Moratorium imposed by the Center for Disease Control in its September 4, 2020 Order expired as of July 31, 2021.  That Order provided protection from eviction for the nonpayment of rent to residential tenants, if they complied with the Order’s requirements.  On the evening of August 3, 2021, a new Order was issued by the CDC affecting residential evictions. The New Order is in effect until October 3, 2021 and applies to residential properties in counties that have a heightened level of community transmission of COVID-19 and the Delta variant. CDC data on transmission rates can be… read more »

CDC Residential Eviction Moratorium Extended to July 31st

access_time Posted on: July 1st, 2021

On June 24, 2021, the Director of the Center for Disease Control (CDC) issued an Order providing a final 30-day extension to the residential eviction moratorium through July 31, 2021.  The Director’s Order indicates that this is intended to be the final extension. As before, the moratorium applies ONLY to eviction due to nonpayment of rent for residential properties.  Evictions based upon breaches of the lease that do not involve nonpayment of rent may proceed. Evictions for the following reasons are specifically allowed to proceed: Engaging in criminal activity while on the premises;Threatening the health or safety of other residents;Damaging… read more »

COVID-19 Update: CDC Order Extending the Eviction Moratorium

access_time Posted on: March 29th, 2021

On March 29, 2021, the Center for Disease Control has issued another Order extending the eviction moratorium through June 30, 2021.  In addition to extending the moratorium, the new CDC Order also makes some additional modifications including:   ·        Persons covered by the previous orders who made the required signed declaration do not need to submit a new declaration. ·        Evictions for nonpayment of rent that were completed before September 4, 2020 are not subject to the Order. ·        Landlords may not use trespass as the sole reason for eviction based upon criminal activity when the underlying reason is nonpayment of rent. ·        Tenants may… read more »

Webinar: Litigation Basics in Business

access_time Posted on: March 25th, 2021

Join us virtually for this YCEA Leadership Luncheon on Thursday, April 8th from noon to 1:30pm.  This virtual webinar will review the basics of litigation for businesses including what to expect, how litigation works, common pitfalls, and tips & tricks for both avoiding litigation and making it easier when it becomes inevitable.  Various topics including the Unfair Trade Practices and Consumer Protection Law and collections will be discussed. Business owners, record keepers, managers, and many others can benefit from this presentation.   Click Here to Register AttorneyHunter B. Schenck provides legal services to individuals and businesses in the area of litigation…. read more »

COVID-19 News: CDC Order Update

access_time Posted on: February 11th, 2021

The CDC has issued a new Order which extends the protections relating to residential evictions set forth in the September 4, 2020 order.  The protections have been extended through March 31, 2021.  The Order does NOT forgive rent, late fees, penalties, or interest.  It does NOT apply to tenants who engage in criminal activity on the premises, threaten the safety of others, damage the property, violate codes and regulations, or breach the lease in a nonmonetary way. In order to obtain protection under the Order, Tenants still must provide a declaration to the landlord or property owner, under penalty of… read more »

Webinar for Landlords on February 2nd

access_time Posted on: January 27th, 2021

Join us virtually for this Leadership Luncheon presented by CGA Law Firm and Attorney Hunter B. Schenck.  This virtual webinar will focus on landlords in litigation including common pitfalls and best practices as well as tips for avoiding litigation and making it easier if it becomes necessary. The information will apply to landlords as both plaintiffs and defendants in civil suits, especially in the Court of Common Pleas. Attorney Schenck will also address any new eviction updates or legislation.  AttorneyHunter B. Schenck provides legal services to individuals and businesses in the area of litigation. She completed her Juris Doctorate from the Penn… read more »

CGA Attorneys Recognized at YCBA Annual Dinner

access_time Posted on: January 17th, 2021

The York County (PA) Bar Association/York County Bar Foundation held its Annual Dinner this past week. Judge John Uhler was installed as President of the Bar Foundation. Attorney Liliana Fisher received one of the Annual Pro Bono Awards given for exceptional Pro Bono Service in 2020, and Attorney Larry Young presented her with the award. Attorneys John Flinchbaugh and Pete Solymos were recognized as 50 year YCBA members. Attorneys Rees Griffiths and Dan Fennick were recognized as having retired. Attorney Hunter Schenck received recognition as the outgoing Young Lawyer Section Chair. Congratulations to all who received awards or were recognized!… read more »