Archive for the ‘Litigation or Alternative Dispute Resolution’ Category

CGA Law Firm is pleased to announce the election of Stephen R. McDonald, Esq. to shareholder. Stephen has been practicing law for over 25 years and has acquired extensive experience in multiple areas. He is a seasoned attorney in both civil litigation and criminal defense. Well versed in municipal law, Stephen serves as the solicitor for multiple municipalities in South Central Pennsylvania, and the York County Clerk of Court’s Office. He often represents clients in front of zoning hearing boards and other municipal and local government entities.  Prior to joining CGA, Stephen worked at the Office of the District Attorney for… read more »

CGA Law Firm, one of the most highly rated and civic-minded law firms in South Central PA, is hiring two full-time associate attorneys. CGA seeks a Litigation attorney with one to three years of experience to work in commercial and other civil litigation, and a Family Law attorney with a minimum of two to seven years of experience to handle family law matters, including divorce, support, custody, adoptions, prenuptial agreements, guardianships, and PFAs. Candidates must be comfortable in a moderately large private practice and be able to work in a team environment. Submissions from interested parties will be strictly confidential…. read more »

The Internal Revenue Code defines an IRA as an individual retirement account/ annuity which was acquired because of the death of another person when the recipient was not the surviving spouse.   The Judicial Code protects retirement funds and accounts from attachment or execution by judgment creditors.  Until recently, Pennsylvania Courts had not addressed whether inherited IRAs were subject to that protection. In June, the Pennsylvania Supreme Court denied an appeal from a January 2022 ruling by the Superior Court of Pennsylvania regarding Inherited IRAs.   The issue arose in an Allegheny County garnishment action and was eventually presented before the Pennsylvania… read more »

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 »

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 »

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 »

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 »

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 »