Tiffany M. Shrenk

Commercial Litigation

February 6, 2015 by Hoppel Design

Your business is business. Ours is litigation.

A critical tool in protecting your company’s interests, litigation can also be used to attack those same vital interests – often putting your entire life’s work at risk, and leaving your future uncertain.

At MacElree Harvey, our Commercial Litigation Practice is uncompromisingly committed to providing clients with the upper hand – utilizing the advantage that comes from our years of experience, and our dedication to helping you achieve your overall goals.

With a depth of expertise and the resources expected of large firms without sacrificing the responsiveness and personal attention typically found in much smaller firms, our experienced commercial litigators advise and advocate for the rights of businesses and individuals engaged in sales, trades, and commerce.

Whether you’re an industry leader with high visibility, or a smaller family-owned franchise, from onset to closing, our attorneys are equipped with the sophisticated knowledge and training to ensure you have the right team on your side.

Our clients know that it doesn’t matter if they’re a large business involved in breach of contract dispute, a business or individual seeking to protect his or her intellectual property, or a shareholder seeking to protect his or her rights in a corporate dispute, our commercial litigators approach each matter the exact same way – with the expertise required to properly advise you on the next steps, the skill to unrelentingly fight for, or defend you – and – most importantly – the initiative to obtain the result desired.

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

Trust & Estate Litigation

February 4, 2015 by Hoppel Design

Estate Litigation encompasses all matters that would be heard in the Orphans’ Court division in the Court of Common Pleas. These types of disputes involve guardianships, will contests, trust terminations, estate tax appeals, accounting, and other litigation involving decedents’ estates.

Our attorneys who practice in this area represent executors, beneficiaries, banks, family business partnerships, trust companies and non-profit organizations. Not only does the area of estate litigation involve decedents’ estates and trusts, but also matters involving financial disputes concerning minor’s estates. The attorneys often interpret wills, trust documents and non-profit corporate articles of incorporation.

The estate litigation department often, and with increasing frequency, refers matters to private alternative dispute resolution. In matters involving family disputes, it is often desirable for the families to resolve their differences in a non-courtroom setting. However, in matters such as surcharge actions or Petitions to Remove Executors, our attorneys are well versed in the special Orphans’ Court rules established for disputes in the Court of Common Pleas of Pennsylvania.

There is also an increase in fiduciary liability cases. These are matters that often deal with self-dealing and fraud issues when a Power of Attorney, Trustee or Executor/Administrator of an estate is defending or prosecuting actions of wrongful taking from the entities that they have been charged to financially oversee. These matters typically involve accounting, surcharge actions, and actions to assess liability and damages.

Representative Cases

Successfully filed a Petition with the Orphans’ Court to modify a Trust so that it could be terminated and the proceeds of the Trust were distributed to adult children when the purpose of the Trust was no longer being met. That purpose of the Trust was to protect the interests of any unborn children at the death of the Settlor. Since there were no such children, the Trust needed to be terminated.
Helped a family deal with an incapacitated elder parent by finding a Guardianship protective service agency and a financial institution to act as Guardians of the person and of the estate, respectively. The agency Guardian of the person managed the nursing and activities of daily living needs of the elderly parent, while the financial institution invested and managed the funds.
The Pennsylvania Department of Revenue denied a deduction on an estate tax return based on the valuation of a minority shareholder issue. The court upheld a Petition filed by our office challenging the denial of the deduction.
A non-profit corporation decided to dissolve and distribute its assets. A Petition was filed by our office and was successful in obtaining court approval of the schedule of distribution.
It was alleged that a Will was forged. Our office filed a Petition challenging said Will and it was established, through an expert, that the signature of the Decedent was traced. The matter successfully settled out of court.
An Executor was taking money from an estate. Our office brought an action on behalf of the beneficiaries. The Executor was surcharged and ordered not only to put back the amount that he had taken from the estate but also reimburse the estate for the cost of the fees that were incurred.

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

Personal Injury Law

February 3, 2015 by Hoppel Design

Personal Injury Law

A personal injury attorney is something that you never want to need, but are glad to have when you do.

When an accident occurs and causes injury in Pennsylvania or Delaware—whether on the road or because of poor medical treatment or any other accident, many questions immediately come to mind: Who will pay for medical expenses and bills when I’m out of work? What care will I need in the future and who will pay for it? How do I deal with the insurance companies? How do I make sure that the person who caused the accident accepts responsibility and pays fair compensation for all of my losses?

At MacElree Harvey, our Pennsylvania and Delaware Personal Injury attorneys will answer all of your questions, then handle all contact with the insurance companies and, ultimately, recover full and fair compensation in cases involving:

Car, truck and motorcycle accidents
Bicycle accidents
Pedestrian injuries
Uninsured and underinsured motorist cases
Slip and fall injuries
Medical malpractice
Dangerous products
Dog bite injuries
Wrongful Death

If you have been injured in an accident in Pennsylvania or Delaware, you are entitled to be fairly compensated for your injuries and damages (lost wages, medical bills, and expenses, pain and suffering). At MacElree Harvey, our team of Personal Injury attorneys has decades of experience in negotiating settlements and trying serious Personal Injury and Death cases in Pennsylvania and Delaware. While most cases settle prior to trial, some of our representative cases have included:

Motor vehicle accident
A seven-figure settlement for serious foot injuries following a broadside collision between a vehicle and an SUV that failed to yield while turning left.

Motorcycle accident
In a pick-up truck versus motorcycle accident, our client sustained multiple and serious leg and arm fractures. The claim against the driver recovered his policy limits and, likewise, we obtained policy limits from the client’s underinsurance company. To obtain additional compensation for the client, we pursued a claim against the personal assets of the responsible driver, who ultimately settled and agreed to pay significant personal monies and to have that promise secured by a mortgage on his personal residence.

Medical malpractice
Settlement of a case involving an operating room fire that occurred during surgery to remove a facial mole. The surgeon and anesthesiologist failed to communicate about giving the patient oxygen and using an electric cautery tool in combination. Claim for damages involving first and second-degree facial burns. Settled just before trial.

Car-versus-horse collision
Successfully represented a driver injured after her car collided with horses that had escaped from a breeding farm due to the negligent design and maintenance of the farm’s fencing. Recovered compensation for past and future medical bills, lost wages and pain and suffering.

Dangerous products
A construction worker who was seriously injured when a nail gun misfired and shot a 3″ nail into his chest. Legal claims were filed against the nail gun manufacturer alleging that the nail gun was defective and dangerous because it did not have a safety switch. Case settled prior to trial.

Members of our Personal Injury team have Master’s Degrees in Trial Advocacy and have been named as Super Lawyers Top 100 in Pennsylvania and Philadelphia, in Philadelphia Magazine and Top Lawyers in Main Line Today. Our attorneys are easily accessible, educate you on the law and legal process and regularly update you on the status of your case.

In addition, our fees are charged on a “Contingent” basis, meaning that the fee is based upon our attorneys recovering compensation for you. If we achieve no recovery, there is no fee. If we are successful in achieving compensation, our fee is usually a fair percentage of the recovery plus any out-of-pocket costs we pay to pursue your case.

We believe that the Contingent Fee is beneficial to our clients because the risk of the representation is on our shoulders. We pay expenses and perform work, but, if we are unsuccessful, you owe us nothing. In addition, the Contingent Fee gives a financial incentive for us to get you full and fair compensation because our fee depends on it.

ATTORNEYS

Timothy F. Rayne

William J. Gallagher

Peter E. Kratsa

Tiffany M. Shrenk

OFFICES

Centreville, DE

Kennett Square, PA

ARTICLES

What is Mediation?

ALL PRACTICE AREAS

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

Litigation Law

January 29, 2015 by Hoppel Design

Litigation Law

From its inception, MacElree Harvey has been the home of accomplished trial lawyers serving clients in Southeastern Pennsylvania and Northern Delaware.

Our attorneys are known for their efficient and effective representation of a broad range of clients.

The firm has continued that tradition by recognizing that the legal challenges facing individuals, families, businesses, professionals, and charities can have devastating consequences if not properly prosecuted or defended.

To meet the challenges of today’s legal climate, while MacElree Harvey continues to have a broad range litigation practice, the firm has also begun to concentrate its practice areas so that clients who face a particular legal challenge in these areas can expect quality representation by the right litigation lawyer with the right level of experience.

PRACTICE AREAS