Archive for the ‘Hunter Schenck’ Category

COVID-19 Update: Landlord Tenant Issues The Pennsylvania Supreme Court has recognized that this can be a difficult time for both tenants and landlords.  Many people have heard that the court put a hold on evictions during this crisis but there is additional information for landlords and tenants to know.  As of March 16, 2020, all MDJ hearings involving active landlord tenant cases were postponed for at least 30 days.  Any newly filed matters involving landlord tenant issues will be scheduled for a time at least 75 days away.  These times are constantly subject to change and they could be extended by the courts. … read more »

COVID-19 Update: Effect on Real Estate March 23, 2020 COVID-19 presents a constantly evolving situation with many factors at play, this article provides a general guide to its impact, while not addressing specific situations. SHUT DOWN ORDER On Thursday, March 19, 2020, Governor Wolf announced that all non-life sustaining businesses would be required to close their physical locations.  The physical offices of real estate agents and brokers were not deemed life-sustaining and, therefore, close their physical offices; although work being completed via telecommuting may continue.  Failure to comply with the Governor’s order will come at a steep cost, including the potential forfeiture… read more »

COVID-19 has created many urgent questions for business clients, including how to handle commercial contracts.  This article outlines the issues involved and provides general information to aid in certain decisions.  Under the laws, there are multiple frameworks that might apply to your situation – explicit contract language, the UCC and the common law of contracts.  An attorney can help you determine which of those frameworks applies to your circumstance. Each situation is unique and this article does not provide any specific advice. Force Majeure Your commercial contract may contain a force majeure provision.  A force majeure provision may excuse or delay certain contractual obligations during… read more »

Today (March 18, 2020), the Pennsylvania Supreme Court issued a per curiam Opinion which closes all Pennsylvania courts to the public from March 19, 2020 until at least April 3, 2020.   Of particular note to both Landlords and Tenants is the fact that the Court will not entertain evictions or ejectments until at least April 3, 2020. The Court states in the Order that it is aware that the economic consequences of COVID-19 are likely to affect things such as rent payments and mortgage-loan payments.  A loss of income is likely whether under self-imposed quarantine or for those who may be carrying… read more »

You are upset and about to file a lawsuit against the person or entity with which you have a problem.  You want them to pay for your attorneys’ fees because it’s all their fault that you’re in this predicament. You are upset because a person or entity just filed a lawsuit against you or your company. This is ridiculous and you want them to pay for your attorneys’ fees because it’s all their fault that you have to defend this suit. Who Pays?  Litigation is often expensive and time consuming whether you’re a plaintiff or a defendant.  I am often… read more »

Article by: Hunter Schenck, Esquire Finding out that you have been sued can be scary, daunting, overwhelming, and confusing. Court papers often contain “legalese” which can leave you wondering what to do. This article addresses some litigation basics that will help you know when to contact our office and what to do at the beginning of litigation whether you are an individual or part of a company. If you have just been served you have some time to figure out what to do. Take a breath and read the papers that you’ve received. They should give you an idea of… read more »

Article by: Hunter B. Schenck Video Surveillance can provide municipalities with security and peace of mind. However, such technology can also create new issues and concerns. Recordings of surveillance footage are subject to the Right-to-Know Law, and municipalities must address requests for video footage. Some video systems might record over previous footage in order to save space. If so, the municipality might need to reference its document retention policy. Municipalities must make sure to preserve any footage while a request is pending if the footage existed at the time of the initial request. If the footage does exist, the municipality… read more »

Article by: Hunter Schenck Act 168 of 2014 took effect in December amending the Public School Code of 1949.  The Act adds a section to the Code entitled “Employment History Review” which imposes requirements pertaining to employment involving direct contact with children.  The amendments are designed to require and enable schools and independent contractors to conduct background checks in the interest of protecting children.  This Act affects school entities and independent contractors that are hiring applicants as well as current or previous employers of persons who apply for positions with other entities. The Act defines “direct contact with children” as… read more »