Archive for the ‘Litigation or Alternative Dispute Resolution’ Category

Landlords Should Have Written Leases

access_time Posted on: February 24th, 2022

It can be tempting to rely upon an oral lease and Pennsylvania does allow for the existence of oral leases. Landlords might wish to save initial costs and time by skipping a written lease but doing so can end up costing much more and leave landlords without important protections. For example, a landlord cannot recover attorneys fees from a tenant if there is no written lease. Some of the most important items that can protect a landlord in a residential lease include the waiver of certain notices that are otherwise required. A written lease also identifies the tenants, property, rent, and… read more »

Litigation Basics: Steps to Take After Being Sued

access_time Posted on: February 16th, 2022

Finding out that you have been sued can be concerning and unnerving. Whether you’re an individual or part of a company, court papers can be confusing and leave you wondering what to do next. This article addresses some basic information relating to litigation to help you know when to contact our office and what to do at the beginning of litigation. If you have just been served, then you have some time to react but deadlines have already begun. Take a breath and read the papers that you’ve received to find out what the lawsuit is about. It could involve… read more »

Pardon Me and My Marijuana

access_time Posted on: January 5th, 2022

Laws regarding marijuana have been one of the fastest evolving parts of the criminal justice system. In recent times, there has been an obvious change in the attitudes toward marijuana and its use in one form or another. However, the rapidity with which the marijuana laws have evolved has resulted in a patchwork of hodgepodge and often disconnected laws. A large majority of states have adopted laws that legalize cannabis use for medical reasons, and almost half the states have also legalized the recreational use of marijuana. However, marijuana remains illegal at the federal level and is still regulated by… read more »

Judge John C. Uhler’s End-of-the-Year Message for the York County Bar Foundation

access_time Posted on: December 30th, 2021

Watch the video below to watch and listen to Judge John C. Uhler’s end-of-the-year message for the York County Bar Foundation’s 30th year. Below the video, there is a full audio transcript available for reading. Judge John C. Uhler, President of the York County Bar Foundation, gives his end-of-the-year-message to the Foundation and its members. This video marks the 30th year of the York County Bar Foundation. Video Transcript Good afternoon members of the Bar Association, representatives from the bench, and any Bar Foundation members who are non-attorneys. It was my sincere honor and privilege to serve the York County… 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 Missed the Webinar? View our Litigation page for more info AttorneyHunter B. Schenck provides legal … 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