Archive for the ‘Litigation or Alternative Dispute Resolution’ Category

After you purchase a property at tax sale, you may find that there are people still living in the property.  An ejectment action will need to be filed in order to remove any occupants because the Tax Assessment Office will not remove them for the purchaser. The Pennsylvania Supreme Court confirmed in 2019 that a purchaser of property at tax sale cannot proceed with an eviction under the Landlord Tenant Act.  This is because there is no landlord tenant relationship between the purchaser of property at tax sale and the occupants of such property, which may be the previous owners. … read more »

In Pennsylvania, the Accelerated Rehabilitative Disposition program (ARD) functions as a vital alternative to traditional criminal prosecution for eligible, non-violent offenders. ARD is designed to address a critical, yet often overlooked, goal of our criminal justice system – the rehabilitation and reintegration of criminal offenders back into society. It offers a second chance and reduces the deleterious consequences that a criminal conviction would otherwise have on an individual’s life. This article explores the important advantages ARD offers eligible defendants who are charged with a crime. What is ARD? ARD is a pre-trial diversionary program provided by the Pennsylvania Rules of… read more »

You are a Pennsylvania property owner and you have just received a notice that your property was sold at an upset tax sale… now what? You are now faced with the reality that you will be stripped of your interest in perhaps the most valuable asset you own – your real property – which was sold to the highest bidder at upset tax sale, likely for a price beneath its fair market value. While these circumstances are no doubt upsetting (upset tax sales are aptly-named) and hard to understand, Attorney John R. Wilson of CGA Law Firm has substantial experience… read more »

            Co-ownership of real estate can be a beneficial arrangement, allowing individuals to increase purchasing power through pooling of resources, sharing the responsibility of property maintenance, and reducing transaction costs. However, co-ownership of property can sometimes lead to conflict and disagreements among the co-owners. Whether it’s siblings who inherit and want to subdivide “the back 40” of a family estate, unmarried couples who break up after buying a house together, or ex-spouses whose property was never disposed of during a divorce proceeding, these disagreements must be addressed in an orderly manner. In Pennsylvania, the primary mechanism for resolving such disputes… read more »

CGA Law Firm is pleased to announce that Attorney Hunter B. Schenck has been unanimously elected as a Shareholder. With ten years of experience in litigation and real estate, Hunter has become an invaluable asset to CGA’s clients. For the past few years, she has been a member of CGA’s Technology Committee which works on exploring new ways to help attorneys and staff to better serve our clients. “Hunter has worked very hard in building her practice and continues to do so. This is certainly a well-deserved honor,” CGA President Craig S. Sharnetzka said. Schenck provides legal services to individuals… read more »

CGA Law Firm is pleased to welcome litigator Derek T. Maninfior to our Litigation Practice Group as an associate of the Firm. Maninfior has experience representing clients in civil and criminal cases throughout central Pennsylvania. His expertise includes trial and appellate advocacy, making him a valuable addition to our team. “I am thrilled to join such a talented team of legal professionals,” said Maninfior. “The breadth of knowledge and experience at CGA is inspiring, and I’m excited to hone my skills as an advocate to provide exemplary legal representation to the York and surrounding communities.” Maninfior has a diverse background,… read more »

On July 1, 2009, the Pennsylvania Home Improvement Consumer Protection Act (HICPA) went into effect. HICPA applies to all persons owning or operating a home improvement business doing $5,000 or more each taxable year, including those who are subcontractors. The Act requires that each home improvement contractor or subcontractor register with the Bureau of Consumer Protection in the Office of the Attorney General. This involves providing various pieces of information in order to obtain a registration number which must be clearly included on all contracts, advertisements, estimates, and proposals. Home improvement contractors are required to list a physical address and… read more »

Litigation has affected many Pennsylvania Liquor Control Board (PLCB) licensees with dram shop actions, slip and fall accidents, workers’ compensation claims, etc.  The most well-known way to protect assets is to hold the PLCB license under a separate operating company or individual. Another way to protect a business is to use high-quality surveillance cameras. Cameras can be installed in conspicuous places, such as doorways, parking lots, the restaurant seating area, the bar seating area, and possibly outside lavatories. Many restaurants or social clubs that use surveillance cameras only retain the tapes for one (1) month to sixty (60) days. Given… read more »

Today in our nation’s capital, the Supreme Court heard oral arguments in relation to the Biden administration’s student loan forgiveness plan (hereinafter, the “Plan”). The Court heard arguments in two different cases – Biden v. Nebraska and Department of Education v. Brown – both of which involve similar yet distinct factual backgrounds and issues of law that will impact the very future of this debt cancellation. While the Court will not reach a final decision on these cases for another several months (many experts predict late June of 2023), today’s events provided a “sneak-preview” of where the Court is likely… read more »

It happens too often. You are driving your vehicle after having a drink (or more than one) and suddenly you see the flashing lights of a police car behind you. You’re about to be confronted with a situation that happens to tens of thousands of Pennsylvanians every year. What will happen during the police stop and afterward? How should you handle it? Will you have a criminal record and what will happen to your driver’s license? This article addresses some of those issues. Driving under the influence (DUI) is far and away the most common reason for arrest every year…. read more »