MacElree Harvey, Ltd.

Initiative in Practice

Brian J. Forgue

18 MacElree Harvey Attorneys Recognized as Super Lawyers® & Rising Stars 2022

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June 8, 2022 – We are pleased to announce that 18 of our attorneys were recognized on the Super Lawyers® and Rising Stars® list for 2022.

Each year, the research team at Super Lawyers, a Thomson Reuters rating service and publication, selects outstanding lawyers from more than 70 practice areas through a rigorous, multi‐phase process that includes:

  • a statewide survey of lawyers
  • an independent evaluation of candidates by the attorney-led research staff
  • a peer review of candidates by practice area
  • a good-standing and disciplinary check

Candidates are evaluated on 12 indicators of peer recognition and professional achievement, including verdicts and settlements; honors and awards; special licenses and certifications; pro bono and community service efforts; and scholarly lectures and writings.

The ultimate objective of Super Lawyers is to create a credible, comprehensive and diverse list of outstanding attorneys that can be used as a resource for other practitioners and consumers searching for legal counsel.

Approximately 5% of the Pennsylvania Bar received the distinction.

MacElree Harvey attorneys who were named to the 2022 Pennsylvania Super Lawyers list are:

The 2022 Pennsylvania Rising Stars list recognizes attorneys who are 40 years old or younger or who have been practicing law for 10 years or less. Approximately 2.5% of the Pennsylvania Bar received the distinction.

MacElree Harvey attorneys who were named to the 2022 Pennsylvania Rising Stars list are:

In addition, Tim Rayne has been included by Super Lawyers as a 2022 Top 100 Attorneys in Pennsylvania. The Top 100 list is based on those attorneys who obtained the highest points totals in the 2022 Pennsylvania Super Lawyers multi-phase nomination, research, and review process.

“While ultimately we care more about providing quality representation and value to clients,” said CEO Michelle Foster, “…it’s always nice to have our attorneys recognized for excellence by their peers. The honor reflects the high level of respect our attorneys have earned in the legal community for their legal ability, professionalism and integrity.”

Learn more about our selected Super Lawyers®:

PETER E. KRATSA

Top Rated Criminal Defense Attorney in West Chester, PA

Selected to Super Lawyers: 2021 – 2022

Licensed in Pennsylvania Since: 1993

Practice Areas: Criminal Defense, Criminal Defense: White Collar

BRIAN L. NAGLE

Top Rated Land Use & Zoning Attorney in West Chester, PA

Selected to Super Lawyers: 2013 – 2022

Selected to Rising Stars: 2008, 2010 – 2012

Licensed in Pennsylvania Since: 2001

Practice Areas: Land Use/Zoning, Business/Corporate, Real Estate: Business

TIMOTHY F. RAYNE (Top 100)

Top Rated Personal Injury Attorney in Kennett Square, PA

Selected to Super Lawyers: 2009 – 2022

Licensed in Pennsylvania Since: 1995

Practice Areas: Personal Injury – General: Plaintiff

 

JOSEPH A. BELLINGHIERI

Top Rated Estate Planning & Probate Attorney in West Chester, PA

Selected to Super Lawyers: 2020 – 2022

Licensed in Pennsylvania Since: 1991

Practice Areas: Estate Planning & Probate, Tax: Consumer, Business/Corporate

PATRICK BOYER

Top Rated Family Law Attorney in Centerville, DE

Selected to Rising Stars: 2021 – 2022

Licensed in Delaware Since: 2013

Practice Areas: Family Law

ROBERT A. BURKE

Top Rated Business Litigation Attorney in West Chester, PA

Selected to Super Lawyers: 2015 – 2022

Licensed in Pennsylvania Since: 1990

Practice Areas: Business Litigation, Estate & Trust Litigation, General Litigation

HARRY J. DIDONATO

Top Rated Business & Corporate Attorney in West Chester, PA

Selected to Super Lawyers: 2008, 2012 – 2022

Selected to Rising Stars: 2005

Licensed in Pennsylvania Since: 1990

Practice Areas: Business/Corporate, Real Estate: Business, Tax: Business

CAROLINE G. DONATO

Top Rated Criminal Defense Attorney in West Chester, PA

Selected to Rising Stars: 2018 – 2022

Licensed in Pennsylvania Since: 2014

Practice Areas: Criminal Defense, Criminal Defense: DUI/DWI, Criminal Defense: White Collar, Administrative Law, Appellate

BRIAN J. FORGUE

Top Rated Business Litigation Attorney in West Chester, PA

Selected to Rising Stars: 2018 – 2022

Licensed in Pennsylvania Since: 2016

Practice Areas: Business Litigation

WILLIAM J. GALLAGHER

Top Rated General Litigation Attorney in West Chester, PA

Selected to Super Lawyers: 2010 – 2022

Licensed in Pennsylvania Since: 1963

Practice Areas: General Litigation

PATRICK J. GALLO, JR.

Top Rated Business Litigation Attorney in West Chester, PA

Selected to Rising Stars: 2015 – 2022

Licensed in Pennsylvania Since: 2013

Practice Areas: Business Litigation, Construction Litigation: Business, Civil Litigation: Plaintiff, Construction Litigation: Consumer

J. CHARLES GERBRON, JR.

Top Rated Land Use & Zoning Attorney in West Chester, PA

Selected to Super Lawyers: 2022

Selected to Rising Stars: 2013 – 2015, 2017 – 2020

Licensed in Pennsylvania Since: 2008

Practice Areas: Land Use/Zoning, Business Litigation, Construction Litigation: Business, Real Estate: Business

MICHAEL G. LOUIS

Top Rated Business Litigation Attorney in West Chester, PA

Selected to Super Lawyers: 2022

Licensed in Pennsylvania Since: 1980

Practice Areas: Business Litigation

MATTHEW MCKEON

Top Rated Land Use & Zoning Attorney in West Chester, PA

Selected to Rising Stars: 2022

Licensed in Pennsylvania Since: 2014

Practice Areas: Land Use/Zoning

LANCE J. NELSON

Top Rated Family Law Attorney in West Chester, PA

Selected to Super Lawyers: 2010 – 2012, 2014 – 2022

Licensed in Pennsylvania Since: 1991

Practice Areas: Family Law

ANDREW R. SILVERMAN

Top Rated Business & Corporate Attorney in West Chester, PA

Selected to Rising Stars: 2017 – 2022

Licensed in Pennsylvania Since: 2010

Practice Areas: Business/Corporate, Mergers & Acquisitions, Business Litigation

LOUIS N. TETI

Top Rated Estate Planning & Probate Attorney in West Chester, PA

Selected to Super Lawyers: 2005 – 2022

Licensed in Pennsylvania Since: 1976

Practice Areas: Estate Planning & Probate, Business/Corporate, Estate & Trust Litigation

FELIX S. YELIN

Top Rated Civil Litigation Attorney in West Chester, PA

Selected to Rising Stars: 2018, 2020 – 2022

Licensed in Pennsylvania Since: 2010

Practice Areas: Civil Litigation: Defense, Civil Litigation: Plaintiff

MacElree Harvey, Ltd. Names New Shareholders and Partners

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MacElree Harvey is pleased to announce that Attorney Robert Burke and Attorney Charles Gerbron have been invited to become Shareholders of the firm. We are also pleased to announce the election and promotion of Attorney Jeffrey Burke and Attorney Brian Forgue to Partner.

Robert Burke joined MacElree Harvey in November 2010. Prior to joining, Burke was a Partner in a Philadelphia law firm for fourteen years. Burke is a graduate of Seton Hall University Law School and focuses his practice on complex commercial litigation and estate and trust litigation.

Charles Gerbron joined MacElree Harvey in 2012 and was elected Partner in 2018. Gerbron also served as an appellate prosecutor in the Philadelphia District Attorney’s Office. Gerbron represents businesses, developers, non-profits, and individuals on a variety of litigation, corporate, and land use-related matters and is a graduate of Villanova Law School

Jeffrey Burke joined the Litigation practice group in 2019. Burke regularly counsels businesses and individuals on employment agreements, equal employment policies, non-competition agreements, independent contracting issues, and other employment-related matters. Burke is a graduate of the University of Pittsburgh School of Law, where he was a recipient of the Class of 2008 Community Service Award.

Brian Forgue joined the Firm in 2015 as a Summer Law Clerk. Upon his graduation from Dickinson School of Law, Forgue joined the Firm as an Associate attorney in the litigation practice group. Forgue has recently been focusing his practice on Family Law.

14 MacElree Attorneys Named to Prestigious Super Lawyers® and Rising Stars List in 2021

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We are pleased to announce that 14 of our attorneys were recognized on the Super Lawyers® and Rising Stars list in 2021.

Each year, the research team at Super Lawyers, a Thomson Reuters rating service and publication, selects outstanding lawyers from more than 70 practice areas through a rigorous, multi‐phase process that includes:

  • a statewide survey of lawyers
  • an independent evaluation of candidates by the attorney-led research staff
  • a peer review of candidates by practice area
  • a good-standing and disciplinary check

Candidates are evaluated on 12 indicators of peer recognition and professional achievement, including verdicts and settlements; honors and awards; special licenses and certifications; pro bono and community service efforts; and scholarly lectures and writings.

The ultimate objective of Super Lawyers is to create a credible, comprehensive and diverse list of outstanding attorneys that can be used as a resource for other practitioners and consumers searching for legal counsel.

Approximately five percent of the Pennsylvania Bar received the distinction.

MacElree Harvey attorneys who were named to the 2021 Pennsylvania Super Lawyers list are:

In addition, Tim Rayne has been included by Super Lawyers as a 2021 Top 100 Attorneys in Pennsylvania. The Top 100 list is based on those attorneys who obtained the highest points totals in the 2021 Pennsylvania Super Lawyers multi-phase nomination, research, and review process.

The 2021 Pennsylvania Rising Stars list recognizes attorneys who are 40 years old or younger or who have been practicing law for 10 years or less. Approximately two and a half percent of the Pennsylvania Bar received the distinction.

MacElree Harvey attorneys who were named to the 2021 Pennsylvania Rising Stars list are:

Disclosing Before Closing

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By Brian J. Forgue, Esquire-

Sellers’ Responsibilities Under Pennsylvania’s Real Estate Seller Disclosure Law

Pennsylvania Real Estate Seller Disclosure Law ID 96568481 © Alpegor | Dreamstime.com

If you have ever sold or purchased a home in Pennsylvania, then you likely recall completing or receiving a form called the Seller’s Property Disclosure Statement. As the name suggests, this is a document that the seller of a home completes and provides to the buyer to inform the buyer of any material defects with the property that are not readily observable.  A material defect is any defect that would have a significant adverse impact on the value of the property or any defect that poses an unreasonable risk to people on the property.

The requirement for a seller to complete and provide the buyer a disclosure statement is grounded in a Pennsylvania law called the Real Estate Seller Disclosure Law (68 P.S. §§ 7301 – 7315) (“RESDL”). RESDL generally provides the seller’s disclosure duties to a buyer during a residential real estate transaction. Specifically, the seller must disclose any known material defects affecting the following areas related to the home:

  1. Seller’s expertise in contracting, engineering, architecture or other areas related to construction and conditions of the property and its improvements;
  2. When the property was last occupied by Seller;
  3. Roof;
  4. Basements and crawl spaces;
  5. Termites/wood destroying insects, dry rot and pests;
  6. Structural problems;
  7. Additions, remodeling and structural changes to the property;
  8. Water and sewage systems or service;
  9. Plumbing system;
  10. Heating and air conditioning;
  11. Electrical system;
  12. Other equipment and appliances included in the sale;
  13. Soils, drainage, and boundaries;
  14. Presence of hazardous substances;
  15. Condominiums and other homeowners associations; and
  16. Legal issues affecting title or that would interfere with the use and enjoyment of the property.

The list above is long and covers nearly all physical and systematic aspects of a home.  If you are selling your home, you may be thinking how easy it would be to forget about or simply not know about a material defect with one of the many items appearing on that list. That’s possible.  However, the Real Estate Seller Disclosure Law also provides the seller guidance and protection as they relate to the seller’s disclosure obligation to the buyer.

The Real Estate Seller Disclosure Law requires a seller to disclose only material defects a seller knows about. See 68 P.S. § 7309 (A)(1).  For example, if a seller doesn’t know about a material defect in the electrical system of the house that is later discovered by the buyer three months after closing on the home, under RESDL, the seller is protected.  A seller cannot disclose something he/she does not know.

Even if a seller knows about a material defect and does not disclose it, but reasonably believes that the defect was previously corrected, the seller is protected under RESDL.  See 68 P.S. § 7309(A)(2).  Additionally, the Real Estate Seller Disclosure Law does not require the seller to undertake any specific investigation or inquiry into the items on the list when completing the disclosure statement.  The seller is only required to disclose material defects that the seller knows about at the time the disclosure statement is completed.

If you are buying a home, the seller’s disclosure statement should not be considered a substitution for a home inspection by a licensed home inspector prior to closing. Rather, the disclosure statement should be used in conjunction with a home inspection report to uncover any defects with the home that the buyer and seller are not aware of. Similarly, the disclosure statement is not a warranty provided to the buyer – it is merely a snapshot in time of material defects known to the seller when the disclosure statement is completed.  A disclosure statement is a tool that is ideally used fairly and honestly to make residential real estate transactions as smooth as possible for all parties involved.

Our firm has represented both buyers and sellers of homes involving legal claims under the Real Estate Seller Disclosure Law.  From a buyer’s perspective, RESDL cases are difficult because it is generally tough to prove that the seller knew and consciously chose to omit, for example, that the property was infested with termites, or that the roof over the garage leaks when it rains. Similarly, from a seller’s perspective, it is difficult to know how and what to disclose.  For example, if a seller has fixed certain defects which the seller reasonably believes to be correct, does not include those defects on the disclosure statement, and then the defects reappear after the buyer purchases the home. Cases arising under RESDL, from both the buyer and seller perspective, are very fact-intensive.

Buying or selling a home is one of, if not the biggest investments a person will make, and if the transaction is not handled properly, it may cost you a lot, regardless of whether you are the buyer or seller.  Bottom line – if you are a seller, be sure to disclose the defects of which you are aware on the property.  If you are a buyer, confirm that the home you are purchasing is in the condition as represented to you by the seller.  If not, consult an attorney at your earliest convenience.

If you are in the process of selling or purchasing a home or believe you have a claim under the Real Estate Seller Disclosure Law, contact Brian at (610) 840-0221 or [email protected].

Brian J. Forgue, Attorney Brian J. Forgue is an attorney in MacElree Harvey, Ltd.’s Litigation practice group. Licensed to practice law in Pennsylvania, Brian represents clients in a broad range of litigation matters, with an emphasis on complex commercial litigation.

MacElree Harvey Welcomes New Associate Attorney Brian J. Forgue

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November 18, 2016

Brian J. ForgueBrian Forgue joins MacElree Harvey as an Associate Attorney in the firm’s West Chester office. Forgue will represent clients in a broad range of litigation matters, with an emphasis on complex commercial litigation.

Prior to joining the firm as an associate attorney, Brian served as a legal intern at the United States House of Representatives and worked as a law clerk for MacElree Harvey conducting research and drafting documents for various phases of litigation.

Brian received his undergraduate degree from The Pennsylvania State University and his J.D. from The Dickinson School of Law at The Pennsylvania State University.

About MacElree Harvey, Ltd.

Founded in 1880, MacElree Harvey is a full-service law firm with offices in West Chester, Kennett Square, Doylestown and Centreville. Click here to learn more about the legal services the Firm provides to clients.

MacElree Harvey Attorneys Named to 2016 PA Super Lawyers List

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