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 »
CGA Law Firm is Proud to Announce the Election of Hunter B. Schenck to Shareholder
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 »
PA Home Improvement Consumer Protection Act (HICPA): Are You in Compliance?
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 »
Congratulations to Our 2023 Super Lawyers!
Attorneys Evan M. Gabel, Hunter B. Schenck, and Larry Young have all been selected to Super Lawyers in 2023. Attorneys Evan M. Gabel and Hunter B. Schenck have been selected to Rising Stars and Attorney Larry Young has been selected to Super Lawyers. This year marks Evan’s second consecutive year as a Rising Star (2022-2023), Hunter’s third consecutive year as a Rising Star (2021-2023), and Larry’s seventeenth consecutive year as a Super Lawyer (2006-2023). Attorneys named to the Super Lawyers list must have attained “peer recognition and professional achievement” before undergoing a patented selection process. This selection process is influenced… read more »
New Appointments and Honors – January 2023
Frank H. Countess was elected Chair of the Board of Directors for the York Country Day School. Frank was named one of the 300 Life Members of the York County Agricultural Society, which runs the York State Fair, the oldest state fair in the United States founded in 1765. Frank was also recently appointed to his third successive 4-year term on the York City Redevelopment Authority Board by Mayor Michael J. Helfrich and the York City Council, and was also elected to his second 4-year term on the York County Land Bank Authority Board of Directors by the York County… read more »
Inherited IRAs are Not Protected from Judgment Creditors
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 »
Landlords Should Have Written Leases
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
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 »
Residential Landlords: How Old Is Your Lease?
When was the last time you updated your lease? You may be missing important protections or unknowingly violating the Landlord Tenant Act, Unfair Trade Practices and Consumer Protection Act, or even the Plain Language Consumer Contract Law. Violating those laws can result in lawsuits brought by tenants, the Pennsylvania Attorney General, or could even invalidate a lease completely. Evictions and other litigation can be irritating, time consuming, and expensive. An updated lease can help to make the process faster, cheaper, and easier. It can also provide some important protections to you as the landlord. Contact Attorney Hunter Schenck at hschenck@cgalaw.com… read more »
PA Judgments Must Be Revived
A “judgment holder” or “judgment creditor” is the person or entity that obtains a judgment against a “judgment debtor.” The ultimate goal of many lawsuits is to win a monetary judgment against the other party. However, the judgment holder might not automatically receive payment once a judgment has been obtained. In Pennsylvania, there are certain requirements for reviving a judgment in order to ensure that you do not lose your rights as a judgment holder. A judgment issued by a Magisterial District Justice or MDJ expires after 5 years if nothing is done. A judgment at the county Court… read more »
