Archive for the ‘Hunter Schenck’ Category

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 »

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 »

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 »

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 »

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 Missed the Webinar? View our Litigation page for more info AttorneyHunter B. Schenck provides legal … Read more

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

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

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

The CDC has issued an Order preventing evictions in certain cases which went into effect on September 4, 2020.  In order to obtain protection under the Order, Tenants must provide a declaration to the landlord or property owner, under penalty of perjury.   Tenants must swear that they have tried to obtain government assistance, must fall within income restrictions set forth in the Order, and must be unable to pay rent due to loss of job or income or due to medical bills.  Tenants must also be making timely payments as close to regular rent as possible and show that eviction … Read more

COVID-19 UPDATE: Pennsylvania Court Closures as of April 8, 2020 The Pennsylvania Supreme Court has declared a statewide judicial emergency which has resulted in courts closing to the public.  Many hearings have been cancelled or transferred to remote technology although some will still occur.  Delinquency cases, dependency cases and some criminal cases are still proceeding at this time.  However, civil cases have largely been put on hold.   This article deals primarily with civil cases and is not geared towards family law or criminal matters.  Family law, Orphans Court, and criminal matters may be proceeding as planned Unless your attorney has informed you otherwise.  On … Read more