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MacElree Harvey, Ltd.

MacElree Harvey, Ltd.

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Daniel T. Crossland

Mediation and Arbitration

February 20, 2024 by Hoppel Design

Mediation and Arbitration

In the realm of dispute resolution, finding effective and efficient solutions is paramount. Mediation and arbitration offer distinct advantages in terms of cost-effectiveness compared to traditional lawsuits.

Welcome to MH MA, MacElree Harvey’s Mediation and Arbitration practice, where we specialize in navigating the delicate balance between conflicting parties, guiding them toward mutually beneficial agreements.

Both mediation and arbitration empower parties to control the pace of their dispute resolution, leading to faster and more economical outcomes compared to the protracted timelines often associated with courtroom litigation. The ability to tailor the process to specific needs and priorities makes mediation and arbitration attractive options for those seeking a more cost-conscious approach to resolving legal conflicts.

Why Choose Mediation and Arbitration?

Mediation:
In mediation, the collaborative nature of the process allows parties to share the expenses, making it a more affordable alternative. Moreover, the swift resolution achieved through mediation often translates to reduced legal fees and minimized court-related expenditures. Our skilled mediators act as neutral facilitators, fostering open communication and collaboration between disputing parties. Mediation provides a confidential and flexible environment, allowing the parties to explore creative solutions that address their unique concerns. Our goal is to empower clients to actively participate in shaping their resolution.

Arbitration:
When a more formal process is necessary, our arbitration services provide a structured alternative to traditional litigation. Our team carefully considers the evidence and arguments presented by each side, delivering a binding decision that streamlines the resolution process while maintaining fairness and impartiality.

Arbitration, while providing a more formal structure than mediation, still tends to be more cost-effective than traditional litigation. The streamlined nature of arbitration proceedings results in quicker resolutions, thereby reducing the overall financial burden on the involved parties. Additionally, the avoidance of lengthy court processes and associated administrative costs contributes to the efficiency and affordability of arbitration.

What Sets MacElree Harvey Apart?

Expertise:
Our team comprises seasoned professionals with a deep understanding of the nuances of mediation and arbitration across various industries. From commercial disputes to employment issues, we bring a wealth of knowledge to the table, ensuring comprehensive and effective dispute-resolution strategies.

Client-Centric Approach:
At MacElree Harvey, we prioritize our clients’ unique needs and goals. Our Mediation and Arbitration practice is founded on a client-centric philosophy, tailoring our approach to meet the specific requirements of each case. We guide our clients through every step of the process, providing clarity and confidence in the face of uncertainty.

Efficiency and Cost-Effectiveness:
Recognizing the value of time and resources, we strive for efficiency without compromising the quality of our services. Mediation and arbitration often offer swifter resolutions compared to traditional litigation, minimizing the financial and emotional costs associated with prolonged legal battles.

Explore the Possibilities:

Whether you are a business seeking to resolve a commercial dispute or an individual navigating a personal conflict, MacElree Harvey’s Mediations and Arbitrations practice is dedicated to guiding you toward a resolution that aligns with your objectives. Explore the possibilities with MacElree Harvey and discover a collaborative approach to dispute resolution.

Ready to embark on the journey of mediation or arbitration? Reach out to MacElree Harvey at macelree.com/contact-us to schedule a consultation and take the first step towards resolving your dispute effectively and efficiently.

ATTORNEYS

Marie I. Crossley

John F. McKenna

Lou Mincarelli

OFFICES

West Chester, PA

ARTICLES

MacElree Harvey Law Firm Grows Mediation and Arbitration Practice – MH MA

ALL PRACTICE AREAS

  • Banking & Finance Law
  • Business and Corporate Law
  • Criminal Defense Law
  • Employment Law
  • Estates & Trusts Law
  • Family Law
  • Litigation Law
  • Mediation and Arbitration
  • Personal Injury Law
  • Real Estate & Land Use Law
  • Tax Law

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Uncategorized

Guardianships

August 10, 2015 by Hoppel Design

The attorneys in the Estate and Trust Litigation Department at MacElree Harvey also handle Guardianship matters in Pennsylvania, Delaware and New Jersey before the Pennsylvania Orphans’ Court Divisions of the Court of Common Pleas, the Delaware Chancery Court and the New Jersey Superior Court, Chancery Division. Guardianships entail both matters involving children, and matters involving incapacitated persons.

Matters involving Guardianships for children usually entail a close relative, sibling or friend consenting to being the guardian for a child for various reasons. Typically, it is because the mother and father are not available, either temporarily or permanently. A Guardianship allows the relative or friend to register the child in their school district, obtain Federal and State aid and provide a stable home for the child. The procedure is not too difficult, but it does involve the giving of notice to all next-of-kin. Usually there is a Hearing and the Court will award Guardianship unless it is convinced that it would not be in the best interests of the child to do so.

Guardianships for adult incapacitated persons is a much more complex area of the law. The hearings themselves involve two basic areas: the finding of incapacity and the appointment of a Guardian. In order for the person to be found incapacitated, there is need for expert testimony, usually a doctor, psychologist or professional of comparable education and expertise. The testimony of the expert is either entered through a witness deposition, or by live testimony. The second, and often more difficult, problem is that of appointing a Guardian of the Person and a Guardian of the Estate. The Guardian of the Person handles all of the alleged incapacitated person’s personal care and health issues. The Guardian of the Estate, on the other hand, handles all of the financial affairs of the alleged incapacitated person.

Filing a Petition for Guardianship has often been used in situations where a Power of Attorney is abusing his or her obligations and, sometimes, is mishandling the funds for their own personal gain. The Guardianship proceeding puts the Court in the middle of these disputes and, if successful, the Petitioner for the Guardianship can gain control of the assets, with the Court overseeing the handling of the assets and the care. Guardians, once appointed, must file an Inventory and must file an Annual Report. Those reports are audited by the Court system, with a considerable amount of diligence.

Members of our Estate and Trust Litigation Group have backgrounds in various disciplines, including psychology, law and accounting. Many of our members have been named as Super Lawyers in Philadelphia Magazine and Top Lawyers in Main Line Today. We understand the sensitivity of the situation of a loved one in need of care and guidance.

Finally, the Orphans’ Court of Chester County, Pennsylvania has a Mediation Program. This has been an effective tool to avoid excess legal costs by having the family meet and resolve their issues, resulting in a stipulated agreement as formally entered into as an Order of the Court for enforcement and oversight. John F. McKenna, our Chairman of the Estate and Trust Litigation Department is a Court-Approved Guardian.

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Uncategorized

Elder Law

February 6, 2015 by Hoppel Design

Elder law focuses on the needs of families and individuals as they age. These needs can include assistance in arranging at-home care, placement in a long-term care community such as an assisted living facility (or personal care home) or a skilled nursing home, representation in a guardianship, and guidance through the complicated maze of Medicare, Medicaid, and Veterans benefits.

Medicaid Planning

Medicaid planning is the assistance provided to a potential Medicaid applicant in advance of, and in preparation for, their application for Medicaid. Generally Medicaid planning becomes an issue for seniors when there is a need for long-term or nursing home care. Nursing homes are extremely expensive, with the average cost of a nursing home in Pennsylvania being over $11,000 per month, and in Delaware over $12,000 per month. Many seniors do not have the income and/or resources necessary to cover these high nursing home costs, especially when there is a healthy spouse still living at home. Seniors therefore will generally rely on their lifetime of accumulated assets to cover the high nursing home costs. The nursing home’s expensive costs can understandably exhaust a couple or individual’s assets rather quickly.

Medicaid planning affords a Medicaid Applicant the opportunity to protect their lifetime of hard-earned resources. Medicaid planning encompasses a complex, and time intensive process involving identification and collection of asset documentation, and strategic protection of assets which in many cases will be a complete re-structure of the applicant’s financial assets.

In many instances a Medicaid applicant will require the legal and financial expertise of an attorney who focuses in the area of Elder Law and Medicaid planning. Families will engage an Elder Law attorney in order to ensure the best possibility of acceptance into the Medicaid program.

Veterans Pension Benefits

We believe that all veterans of the United States Military deserve an advocate. We assist those war time veterans with medical and financial need in obtaining benefits to which they are entitled by virtue of their sacrifice and service.

In order to pursue VA benefits, an attorney must be accredited to practice before the Veterans Administration. Our firm’s VA accredited attorneys have a track record of succeeding in the VA claims process as a result of our unrelenting and dedicated skill. Our unique success is based upon our individualized approach to each and every veteran’s particular situation.

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Uncategorized

Real Estate

February 6, 2015 by Hoppel Design

Real Estate

For generations, MacElree Harvey has guided clients through every stage of real estate ownership, investment, and development across Pennsylvania and Delaware.

At MacElree Harvey, our real estate attorneys represent builders, developers, investors, and property owners in a full range of real estate transactions and disputes. Whether you are acquiring, financing, developing, leasing, or selling property, our team provides the practical guidance and legal insight needed to protect your investment and achieve your goals efficiently.

Our clients include private landowners, entrepreneurial developers, lenders, and institutional investors. We handle projects of every scale, from single-family properties and residential subdivisions to large commercial, industrial, and mixed-use developments.

Comprehensive Real Estate Services

Our real estate practice covers all aspects of property ownership, management, and transfer, including:

  • Real estate acquisition and sales — drafting and negotiating purchase and sale agreements, due diligence, and title review
  • Leasing — representing landlords and tenants in commercial and residential lease negotiations
  • Financing and lending — advising borrowers and lenders in real estate financing and secured transactions
  • Development agreements and contracts — negotiation, drafting, and enforcement of complex real estate agreements
  • Condominium and homeowners’ association matters — formation, governance, and compliance
  • Easements, covenants, and property rights — creation, interpretation, and enforcement
  • Real estate litigation — resolving disputes related to ownership, title, contracts, or development
  • Tax assessment appeals and exemptions — representing property owners in challenging over-assessed property values

Industry Experience

Our attorneys have successfully guided clients through transactions involving:

  • Shopping centers and retail developments
  • Office buildings and business parks
  • Apartment complexes and condominium conversions
  • Industrial warehouses and manufacturing facilities
  • Hotels, resorts, and hospitality projects
  • Planned residential communities and mixed-use developments

Why Choose MacElree Harvey

  • Local knowledge: decades of experience with Pennsylvania and Delaware property laws, title issues, and closing procedures
  • Strategic advocacy: from negotiating contracts to litigating disputes, our attorneys protect your interests at every stage
  • Multi-disciplinary support: collaboration with our business, tax, and litigation teams ensures comprehensive counsel for every transaction
  • Proven results: trusted by clients for efficient closings, complex development deals, and long-term property strategies

Filed Under: Primary

Estates & Trusts Law

January 29, 2015 by Hoppel Design

Estates & Trusts Law


At MacElree Harvey, our experienced estate planning attorneys help individuals and families protect their assets, plan for the future, and ensure their wishes are carried out.

We work closely with clients to create customized estate plans that provide control during life, protection in the event of incapacity, and efficient transfer of wealth to loved ones.


Comprehensive Estate Planning Services

Our estate and trust lawyers provide a full range of estate planning services, including:

  • Wills and advanced estate planning strategies
  • Revocable and irrevocable trusts
  • Powers of attorney (financial and healthcare)
  • Living wills and advance healthcare directives
  • Asset protection planning
  • Special needs planning
  • Business succession planning

We help clients structure their estates to minimize Federal Estate Tax, Pennsylvania Inheritance Tax, and income tax exposure, while preserving wealth for future generations.


Planning for Incapacity & Long-Term Protection

A strong estate plan does more than distribute assets, it ensures your affairs are handled properly if you become unable to manage them yourself.

Our attorneys help clients:

  • Appoint trusted decision-makers
  • Avoid unnecessary court involvement
  • Protect assets during periods of disability or incapacity


Estate & Trust Administration

We guide executors, trustees, and families through the estate administration process in Pennsylvania, including:

  • Probate and estate settlement
  • Trust administration
  • Preparation of accountings
  • Distribution of assets
  • Resolution of creditor claims

Our goal is to make the process as efficient and stress-free as possible during a difficult time.

Estate & Trust Litigation and Orphans’ Court Matters

In addition to planning, our attorneys handle estate and trust disputes in the Orphans’ Court Division of Pennsylvania.

We represent:

  • Executors and administrators
  • Trustees and fiduciaries
  • Beneficiaries and heirs
  • Banks and trust companies
  • Family businesses and nonprofits

Matters we handle include:

  • Will contests and trust disputes
  • Guardianship and minor estate matters
  • Petitions to remove executors or trustees
  • Fiduciary liability and breach of duty claims
  • Accounting disputes and surcharge actions

Our attorneys are highly experienced in navigating the specialized rules of Pennsylvania Orphans’ Court.

Fiduciary Disputes & Asset Mismanagement Claims

We are seeing a growing number of disputes involving:

  • Misuse of power of attorney
  • Self-dealing by fiduciaries
  • Fraud or wrongful transfer of estate assets

We represent clients in actions to recover assets, enforce fiduciary duties, and pursue damages where appropriate.

Alternative Dispute Resolution for Family Matters

Because estate disputes often involve family members, we prioritize efficient and respectful resolution whenever possible.

We frequently assist clients with:

  • Mediation
  • Arbitration
  • Private settlement negotiations

This approach can reduce conflict while preserving important relationships.

Speak with an Estate Planning Attorney

If you would like to schedule a consultation, please call the firm at 610.436.0100 or visit macelree.com/contact-us.

PRACTICE AREAS

Elder Law

Estate Planning

Guardianships

ATTORNEYS

Joseph A. Bellinghieri

Robert A. Burke

Sally A. Farrell

William J. Gallagher

Patrick J. Gallo, Jr.

Frank W. Hosking III

Daniel R. Losco

John F. McKenna

Duke Schneider

OFFICES

Centreville, DE

Kennett Square, PA

West Chester, PA

ARTICLES

Post-Mortem Estate Planning

ALL PRACTICE AREAS

  • Banking & Finance Law
  • Business and Corporate Law
  • Criminal Defense Law
  • Employment Law
  • Estates & Trusts Law
  • Family Law
  • Litigation Law
  • Mediation and Arbitration
  • Personal Injury Law
  • Real Estate & Land Use Law
  • Tax Law

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Primary

Business and Corporate Law

January 29, 2015 by Hoppel Design

Business and Corporate Law

Businesses need lawyers who not only know the law but who also understand their business.

Our business law practice places an emphasis on small and mid-market companies. We build strong relationships with our clients so we understand their goals and challenges and can act as a trusted legal and business advisor. Our business attorneys help clients in Southeastern Pennsylvania and Northern Delaware find reasonable and practical solutions to business and legal problems.

Starting at formation and through the lifecycle of a business, we provide comprehensive and knowledgeable advice on numerous issues facing small to mid-market companies. Our team of attorneys will assist with entity formation, hiring and terminating employees, confidentiality and non-compete issues; drafting shareholder, partnership and operating agreements; and a wide variety of business and commercial contracts. Our business attorneys regularly handle complex business matters including governance issues, strategic planning, executive compensation, negotiating and structuring financing, transition, continuity and succession planning, and liquidity events such as sales or mergers.

To ensure our clients get the best representation possible, where appropriate, our business team that works closely with other MacElree Harvey lawyers, drawing on the skills and experience of lawyers in the areas of commercial litigation, taxation, estate, and succession planning, real estate, employment, finance, insolvency, collections, and restructuring.

Representative Areas of Service:

  • Business Formation
  • Transactions and Transitions
  • Family Businesses
  • Professional Practices

Business Formation

MacElree Harvey has helped hundreds of new businesses get their start. We assist clients in the start-up phase with the critical first steps to establish their businesses. We listen to our clients’ objectives, in order to understand the nature of their business, taking into consideration liability concerns, tax ramifications, management and ownership structures, financial issues, and other issues specific to their business.

Throughout every stage of a client’s business, we encourage an eye to the future. Our goal is to build long-term relationships with our clients, tailoring our legal services to their business as it grows and develops.

Transactions and Transitions

MacElree Harvey aims to simplify the legal process and provide affordable, high-quality corporate law services so our clients can stick to what they do best while we handle the compliance, contractual and other legal concerns. We assist owners and boards of directors maintain their operations and foster growth while avoiding legal and regulatory pitfalls. Our attorneys regularly handle complex business matters related to governance, transitions and transactions, strategic planning, raising financing, and offering new services or products. Our attorneys also advise clients on transfers of technology and intellectual property, as well as trademarks, copyrights, and licenses. As our clients’ businesses expand and change, we approach each transaction with financial considerations and long-term strategic plans in mind. Our attorneys listen to the clients’ objectives before aggressively pursuing their interests in any transaction.

Unfortunately, not all business ventures end harmoniously. A “business divorce” involves issues of control, ownership, and distribution of property, as well as potential payments. These business decisions are often accompanied by high-stakes conflict and intense emotions. Our attorneys lend a depth of experience in negotiation and strategic unwinding of a business. When necessary, we work with our litigation group to resolve disagreements as part of the business divorce process.

Family Businesses

MacElree Harvey has worked closely with generations of family business owners and executives. We understand that an owner’s closely held business may be a family’s largest and most important asset. We provide advice related to governance, risk management, employment, real estate, and tax matters, as well as continuity and succession planning. In addition, we help family business owners anticipate risk and conflict through each stage of their business. We evaluate the goals of a business’s current and future owners and advise clients on advanced planning related to management, tax structures, valuation, and transition.

As family businesses pass from generation to generation, transferring ownership, control and assets can be a complex and emotional process. Our attorneys work with families and their advisers to do advance planning for these transitions, minimizing conflict and stress. If disputes arise within the family as part of this process, our attorneys are highly skilled at dealing with those conflicts and negotiating them to resolution. We apply our experience and knowledge from prior successful transitions to our clients’ situations to achieve clients’ goals.

Family business succession planning is a vital component for any closely-held business owner’s estate plan. Our business attorneys work closely with our estates and trusts group, coordinating our efforts to plan business ownership transfers using methods that satisfy our clients’ personal objectives while minimizing risk and tax burdens.

Professional Practices

Owners of professional practices are subject to the same important business decisions as to any other business owner. Doctors, dentists, accountants, lawyers, architects and owners of other licensed professional practices frequently call upon our attorneys for counsel on the legal issues confronting their businesses.

MacElree Harvey’s business attorneys regularly establish professional practices, assisting clients with entity selection and formation, as well as management and governance. Our real estate attorneys negotiate leases for office space and space sharing agreements. As practices grow, owners may choose to add associate members. These changes require developing employment contracts, partnership tracks, non-competition agreements, and compensation plans. Further, when more than one person will be involved in the ownership of the practice, our attorneys assist in designing appropriate business agreements that consider issues ranging from buy-in methods to exit strategies.

Employment policies are also an important consideration for professional practices. We advise clients on employment issues such as employment manuals, workplace policies, hiring and termination procedures, as well as compliance with federal, state and local laws.

PRACTICE AREAS

Mergers & Acquisitions

Nonprofits and Charitable Organizations

Tax Law

ATTORNEYS

Joseph A. Bellinghieri

Krzysztof M. Bozentka

Jeffrey P. Burke

Matthew C. Cooper

Harry J. DiDonato

Nicholas S. Eisel

Mary Kay Gaver

Frank W. Hosking III

Katherine A. Isard

Andrew R. Silverman

Jeremy A. Whalen

OFFICES

Centreville, DE

Kennett Square, PA

West Chester, PA

ARTICLES

Taxation of Foreign Investment in Delaware Entities

Taxation of Foreign Investment in Delaware Entities

How to Form a Delaware Corporation

Stockholder Agreements in Delaware Corporations

ALL PRACTICE AREAS

  • Banking & Finance Law
  • Business and Corporate Law
  • Criminal Defense Law
  • Employment Law
  • Estates & Trusts Law
  • Family Law
  • Litigation Law
  • Mediation and Arbitration
  • Personal Injury Law
  • Real Estate & Land Use Law
  • Tax Law

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Primary

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5721 Kennett Pike
Wilmington, DE 19807
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209 East State Street Road
Kennett Square, PA 19348
610-444-3180
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West Chester, PA

17 West Miner Street
West Chester, PA 19382
610-436-0100
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