Author Archive

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 »

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 »

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 »

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 »

The CDC has issued an Order preventing evictions in certain cases which went into effect on September 4, 2020.  In order to obtain protection under the Order, Tenants must provide a declaration to the landlord or property owner, under penalty of perjury.   Tenants must swear that they have tried to obtain government assistance, must fall within income restrictions set forth in the Order, and must be unable to pay rent due to loss of job or income or due to medical bills.  Tenants must also be making timely payments as close to regular rent as possible and show that eviction… read more »

COVID-19 UPDATE: Pennsylvania Court Closures as of April 8, 2020 The Pennsylvania Supreme Court has declared a statewide judicial emergency which has resulted in courts closing to the public.  Many hearings have been cancelled or transferred to remote technology although some will still occur.  Delinquency cases, dependency cases and some criminal cases are still proceeding at this time.  However, civil cases have largely been put on hold.   This article deals primarily with civil cases and is not geared towards family law or criminal matters.  Family law, Orphans Court, and criminal matters may be proceeding as planned Unless your attorney has informed you otherwise.  On… read more »

COVID-19 Update: Landlord Tenant Issues The Pennsylvania Supreme Court has recognized that this can be a difficult time for both tenants and landlords.  Many people have heard that the court put a hold on evictions during this crisis but there is additional information for landlords and tenants to know.  As of March 16, 2020, all MDJ hearings involving active landlord tenant cases were postponed for at least 30 days.  Any newly filed matters involving landlord tenant issues will be scheduled for a time at least 75 days away.  These times are constantly subject to change and they could be extended by the courts. … read more »

COVID-19 Update: Effect on Real Estate March 23, 2020 COVID-19 presents a constantly evolving situation with many factors at play, this article provides a general guide to its impact, while not addressing specific situations. SHUT DOWN ORDER On Thursday, March 19, 2020, Governor Wolf announced that all non-life sustaining businesses would be required to close their physical locations.  The physical offices of real estate agents and brokers were not deemed life-sustaining and, therefore, close their physical offices; although work being completed via telecommuting may continue.  Failure to comply with the Governor’s order will come at a steep cost, including the potential forfeiture… read more »

COVID-19 has created many urgent questions for business clients, including how to handle commercial contracts.  This article outlines the issues involved and provides general information to aid in certain decisions.  Under the laws, there are multiple frameworks that might apply to your situation – explicit contract language, the UCC and the common law of contracts.  An attorney can help you determine which of those frameworks applies to your circumstance. Each situation is unique and this article does not provide any specific advice. Force Majeure Your commercial contract may contain a force majeure provision.  A force majeure provision may excuse or delay certain contractual obligations during… read more »