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MacElree Harvey, Ltd.

MacElree Harvey, Ltd.

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        • Joseph A. Bellinghieri
        • Patrick J. Boyer
        • Krzysztof M. Bozentka
        • Jeffrey P. Burke
        • Robert A. Burke
        • Matthew C. Cooper
        • John C. Cronin
        • Daniel T. Crossland
        • Marie I. Crossley
        • Pilar Diaz
        • Harry J. DiDonato
        • Jaycie DiNardo
        • Caroline G. Donato
        • Nicholas S. Eisel
        • Sally A. Farrell
        • Brian J. Forgue
        • William J. Gallagher
        • Patrick J. Gallo, Jr.
        • Mary Kay Gaver
        • J. Charles Gerbron, Jr.
        • Leo M. Gibbons
        • Joseph P. Green, Jr.
        • Carolina Heinle
        • Court Heinle
        • Frank W. Hosking III
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        • Michael G. Louis
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        • Matthew M. McKeon
        • Lou Mincarelli
        • Brian L. Nagle
        • Lance J. Nelson
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William J. Gallagher

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.

Filed Under: Uncategorized

Trust & Estate Litigation

February 4, 2015 by Hoppel Design

Trust & Estate Litigation

Trust and estate litigation involves legal disputes over wills, trusts, estates, and fiduciary responsibilities. These matters are typically handled in the Orphans’ Court Division of the Court of Common Pleas in Pennsylvania.

At MacElree Harvey, our experienced trust and estate litigation attorneys represent clients in complex disputes involving executors, trustees, beneficiaries, and financial institutions. Whether you are protecting your inheritance or defending your role as a fiduciary, we provide strategic, results-driven guidance.

What Is Trust & Estate Litigation?

Trust and estate litigation includes a wide range of disputes related to the administration of estates and trusts, including:

  • Will contests and challenges to validity
  • Trust disputes and trust termination actions
  • Executor and trustee misconduct claims
  • Estate and inheritance disputes among beneficiaries
  • Guardianship and minor estate matters
  • Estate tax appeals and accounting disputes

These cases often require careful interpretation of wills, trust documents, and fiduciary duties, as well as a deep understanding of Pennsylvania law.

Who We Represent

Our attorneys represent a broad range of clients in trust and estate disputes, including:

  • Executors and administrators
  • Trustees and fiduciaries
  • Beneficiaries and heirs
  • Family-owned businesses
  • Banks and trust companies
  • Non-profit organizations

We understand that these matters are often both financially significant and emotionally sensitive, and we approach each case with discretion and clarity.

Fiduciary Litigation & Liability Claims

There has been a growing rise in fiduciary litigation, particularly involving:

  • Breach of fiduciary duty
  • Self-dealing by trustees or executors
  • Misuse of power of attorney
  • Fraud or wrongful transfer of assets

Our attorneys handle actions involving surcharge claims, accounting disputes, and recovery of misappropriated assets, working to protect our clients’ financial interests and ensure accountability.

Orphans’ Court Litigation in Pennsylvania

Trust and estate disputes in Pennsylvania are governed by specialized rules in the Orphans’ Court Division.

Our team is well-versed in handling:

  • Petitions to remove executors or trustees
  • Formal accountings and objections
  • Surcharge actions
  • Disputes over estate administration

We guide clients through these proceedings efficiently while building strong, well-supported cases.

Alternative Dispute Resolution for Estate Conflicts

Many estate and trust disputes involve family members, making litigation especially sensitive.

Whenever appropriate, we help clients resolve disputes through:

  • Mediation
  • Arbitration
  • Private settlement negotiations

Alternative dispute resolution can often preserve relationships while reducing time, cost, and stress.

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.

Speak with a Trust & Estate Litigation Attorney

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

Filed Under: Uncategorized

Professional Malpractice

February 4, 2015 by Hoppel Design

A licensed professional, including an accountant, architect, attorney, chiropractor, dentist, doctor, nurse, engineer, optometrist, physical therapist, psychologist or veterinarian, is required to have and use professional skill and competence in the practicing of his or her profession. When any professional fails to live up to this standard and makes a mistake that causes harm or losses, a Professional Malpractice claim may be appropriate.

At MacElree Harvey, we have attorneys with decades of trial experience, prosecuting and defending professionals of all types in Professional Malpractice cases, finding experts to pursue or defend them, and achieving successful results, whether through settlement or trial.

Representative Cases

  • Statute of Limitations – Settlement against negligent Personal Injury attorney who failed to timely file a lawsuit.
  • Improper Tax Advice – Recovery for beneficiaries of an estate when attorney gave improper and harmful tax advice.
  • Defense of Public Defender – Exonerated attorney who had been accused of negligent criminal defense.

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

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

OFFICES

Centreville, DE

Kennett Square, PA

ARTICLES

What is Mediation?

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

Litigation Law

January 29, 2015 by Hoppel Design

Litigation Law

Since its founding, MacElree Harvey has been home to accomplished trial lawyers and litigation attorneys serving Southeastern Pennsylvania and Northern Delaware.

Our attorneys are widely respected for delivering strategic, efficient, and effective representation to a diverse range of clients — including individuals, families, small businesses, large corporations, professionals, and nonprofit organizations. 

We understand that legal disputes can be disruptive, stressful, and costly. Whether you are bringing a claim or defending against one, our goal is to help you navigate the process with confidence while working toward the most favorable outcome possible. 

Comprehensive Litigation Services 

Our civil litigation practice spans a broad range of disputes. We regularly represent clients in matters involving: 

  • Business and commercial disputes — breach of contract, shareholder and partnership disputes, business torts, unfair competition, fraud, and trade secret litigation 
  • Real estate litigation — property disputes, landlord/tenant issues, boundary disagreements, easement and zoning challenges, and construction litigation 
  • Estate and trust disputes — will contests, fiduciary duty claims, accounting disputes, and removal of executors or trustees 
  • Employment disputes — wrongful termination, wage and hour claims, restrictive covenant enforcement, and discrimination claims 
  • Professional liability defense — defending lawyers, accountants, medical providers, architects, and other licensed professionals 
  • Personal injury litigation — representing both plaintiffs and defendants in negligence and liability cases 
  • Construction disputes — involving contractors, developers, owners, and subcontractors over contracts, delays, or defects 
  • Nonprofit and charitable organization litigation — governance issues, fiduciary claims, and contract disputes 

Strategic, Specialized Representation 

While our litigation practice is broad, we also focus on specialized areas so clients with highly specific disputes are matched with the right attorney for their needs. This ensures: 

  • Deep knowledge of the legal issues in your industry or matter 
  • Efficient handling of complex procedural requirements 
  • Targeted strategies tailored to the facts and goals of your case 

Our trial lawyers combine in-depth knowledge of Pennsylvania and Delaware courts with creative problem-solving to protect our clients’ interests at every stage of a dispute. 

Our Approach to Litigation 

Every case begins with a thorough evaluation of the facts, applicable laws, and the client’s goals. We provide candid advice about case strengths and weaknesses, possible outcomes, and expected costs. Our approach is: 

  1. Proactive – Anticipating the other side’s strategy and preparing countermeasures early 
  1. Strategic – Choosing the forum, claims, and defenses that put clients in the strongest position 
  1. Flexible – Adjusting tactics as the case evolves, whether through settlement talks or trial preparation 
  1. Collaborative – Working with colleagues in tax, real estate, corporate, and employment law when cross-practice insight benefits the case 

Resolving Disputes — In and Out of Court 

We represent clients in state and federal court, before administrative agencies, and in alternative dispute resolution forums such as: 

  • Mediation – a confidential, non-binding process where a neutral mediator helps parties reach agreement 
  • Arbitration – a private process where a neutral arbitrator issues a binding decision 
  • Settlement negotiations – often leading to faster, more cost-effective outcomes 

While many disputes are resolved without trial, our attorneys are skilled litigators fully prepared to present your case before a judge or jury when it serves your best interests. 

Representative Strengths 

  • Decades of combined trial experience in Pennsylvania and Delaware courts 
  • Proven record in both plaintiff and defense cases 
  • Access to expert witnesses, forensic accountants, and industry specialists 
  • Ability to manage high-stakes, high-complexity cases with precision 
  • Commitment to clear communication and responsive client service 

FAQ: Litigation & Trial Law 

What is the difference between a trial lawyer and a litigation attorney? 
A litigation attorney handles all phases of a dispute, including investigation, pleadings, discovery, and pre-trial motions. A trial lawyer focuses on representing the client in court. At MacElree Harvey, many of our attorneys serve in both roles. 

Do I need a litigation attorney for a business dispute? 
Yes. Commercial disputes often involve complicated contracts, industry-specific regulations, and significant financial stakes. A litigation attorney ensures your interests are protected from the outset. 

Will my case go to trial? 
Not necessarily. Many disputes are resolved through settlement, mediation, or arbitration. We explore all available options for achieving your goals before going to trial. 

How long will my lawsuit take? 
It depends on the complexity of the case, court scheduling, and whether the matter is resolved before trial. Some cases conclude in months; others may take a year or more. 

What are the benefits of mediation? 
Mediation can save time and money, preserve relationships, and give the parties more control over the resolution compared to litigation. 

PRACTICE AREAS

Alternative Dispute Resolution

Banking & Finance Litigation

Commercial Litigation

Corporate Governance, Regulatory and Compliance (Self-Insured Corporate Defense)

Environmental Law

Insurance Coverage Disputes

Intellectual Property Litigation

Medical Malpractice

Product Liability

Professional Malpractice

Trademark & Trade Secret Litigation

Trust & Estate Litigation

ATTORNEYS

Patrick J. Boyer

Jeffrey P. Burke

Robert A. Burke

Marie I. Crossley

Caroline G. Donato

Brian J. Forgue

William J. Gallagher

Patrick J. Gallo, Jr.

J. Charles Gerbron, Jr.

Leo M. Gibbons

Frank W. Hosking III

Katherine A. Isard

Peter E. Kratsa

Michael G. Louis

John F. McKenna

Matthew M. McKeon

Lou Mincarelli

Brian L. Nagle

Lance J. Nelson

Timothy F. Rayne

Michael C. Rovito

Ashley B. Stitzer

Patrick L. Ware

OFFICES

Kennett Square, PA

West Chester, PA

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

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

John C. Cronin

Daniel T. Crossland

Sally A. Farrell

William J. Gallagher

Patrick J. Gallo, Jr.

Lisa Comber Hall

Carolina Heinle

Court Heinle

Frank W. Hosking III

Daniel R. Losco

John F. McKenna

Duke Schneider

OFFICES

Centreville, DE

Hockessin, 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

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LEGAL SERVICES

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Centreville, DE

5721 Kennett Pike
Wilmington, DE 19807
302-654-4454
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Hockessin, DE

724 Yorklyn Rd #100
Hockessin, DE 19707
302-239-3700
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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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