Author Archive

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 »

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 »

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 »

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 »

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 »

When someone is pro se, it means that they’re representing themselves in court.  Owners and other officers involved in corporate entities such as corporations, limited liability companies, non-profits, and limited partnerships, may wonder if they can appear in court on behalf of the entity.  The short answer is NO.  At least not after the MDJ level. Rule 207 of the Magisterial District Judges Rules of Civil Procedure allows corporate entities to appear pro se at the MDJ level.  However, that is not the case at the Court of Common Pleas and higher courts with very few exceptions including stockholder’s derivative… read more »

On August 26, 2021, the Supreme Court of the United States issued a per curiam decision stating that the statute on which the Center for Disease Control relied to issue a moratorium on residential evictions does not grant the CDC the authority that it claims. The court went on to state that it would be a different matter “if Congress had specifically authorized the action that the CDC has taken.”  Instead, the Court stated, the CDC imposed a nationwide eviction moratorium while claiming authority under an old statute which allowed the CDC to implement pest extermination and fumigation. After a… 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 »