MacElree Harvey, Ltd.

Initiative in Practice

Michael G. Louis

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

Tenants by the Entirety: An Airtight Defense to a Collection Action

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By Michael G. Louis, Esquire-

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I have had two recent clients who were able to convey their homes worth over a million dollars that were owned by the husband and wife, as tenants by the entirety, even though there was a judgment against one spouse or the other but not both at the time of the sale.

Tenants by the entirety law dates all the way back to English Common Law which held that when a man and woman became married they were no longer two separate individuals but became one forming a new union known as tenants by the entirety.

The law in Pennsylvania is clear that if only one spouse is a debtor, property owned by husband and wife is immune from execution by a creditor of only husband or wife but not both.  Furthermore, where a husband and wife own property such as their home or business real estate as tenants by the entireties, they may sell it without paying a judgment creditor that has a judgment against only one spouse and not both.

I have had two clients in the last year transfer extremely valuable parcels of real estate that they owned with their spouse even though they had a huge judgment against one spouse only.

As with every rule, there are some exceptions.  A husband cannot convey assets from himself to himself and his wife for no consideration after the obligation to a third party already arose or in order to try to protect that asset from execution by a creditor of his.  Such a transfer would in all likelihood be deemed a fraudulent conveyance or in bankruptcy a preferential transfer.  The best advice would be to consult an attorney knowledgeable in debtor-creditor issues.

Michael G Louis, Banking & Finance Attorney Michael’s personal practice supports the needs of businesses and homeowners in a changing economic environment. He has extensive experience in mortgage foreclosures, collections and loan workouts, general counsel work and real estate litigation. Michael has been with MacElree Harvey, Ltd. since 1980.

If you have any questions regarding a banking and finance litigation matter, contact Michael Louis at [email protected] or (610) 840-0228.

What To Do When You Are Served With A Complaint

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By Michael G. Louis, Esquire-

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The first thing to do after being served with a Complaint is to immediately send a copy of it to your attorney and if you don’t have one, hire one.  Too often I talk to clients after they have allowed the party suing them to obtain a judgment against them.

Sometimes they do not respond because they were smart enough to form an LLC or limited partnership or corporation to insulate themselves from liability but did not realize that just because they did that does not protect them if the plaintiff that is suing them sues them individually in addition to the LLC or other entity they formed.  They still have to raise the defense that they were doing business under the name of an LLC or whatever the formal entity was that they formed.

Another reason clients have given me for not defending the Complaint promptly is they see an arbitration date on the Complaint which was served upon them.  What they don’t realize, but should if they read the Notice to Plead on the front of the Complaint, is that they are required to file an Answer or Preliminary Objections within twenty days of being served with the Complaint.  If they don’t do that, then they have another ten days after receiving a ten-day default notice from the attorney for the plaintiff.  If they still don’t file an Answer or Preliminary Objections to the Complaint within ten days of the date of the ten-day default notice, then the plaintiff can take a default judgment against them. The arbitration date only comes into play if they first respond to the complaint by filing an answer or preliminary objections promptly.

To avoid having a judgment entered against you even when you have a valid defense, contact your attorney or hire one as soon as you are served with a Complaint.

Michael G Louis, Banking & Finance Attorney Michael’s personal practice supports the needs of businesses and homeowners in a changing economic environment. He has extensive experience in mortgage foreclosures, collections and loan workouts, general counsel work and real estate litigation. Michael has been with MacElree Harvey, Ltd. since 1980.

If you have any questions regarding a banking and finance litigation matter, contact Michael Louis at [email protected] or (610) 840-0228.

Michael G. Louis to Present at Greater West Chester Chamber’s Non-Profit Discussion

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Michael Louis, chair of the MacElree Harvey’s Banking and Finance Litigation Practice, will be a panelist at the Greater West Chester Chamber’s Non-Profit Discussion session “Legal Issues for Nonprofit Boards” on Thursday, May 10, 2018.

Click here for more information and to register.

Michael’s personal practice supports the needs of businesses and homeowners in a changing economic environment. He has extensive experience in mortgage foreclosures, collections and loan workouts, general counsel work and real estate litigation. Michael has been with MacElree Harvey, Ltd. since 1980.

If you have any questions regarding a banking and finance litigation matter, contact Michael Louis at [email protected] or (610) 840-0228.

Michael G. Louis to Present at Greater West Chester Chamber’s Non-Profit Discussion

by

Michael Louis, chair of the MacElree Harvey’s Banking and Finance Litigation Practice, will be a panelist at the Greater West Chester Chamber’s Non-Profit Discussion session “Legal Issues for Nonprofit Boards” on Thursday, May 10, 2018.

Click here for more information and to register.

Michael’s personal practice supports the needs of businesses and homeowners in a changing economic environment. He has extensive experience in mortgage foreclosures, collections and loan workouts, general counsel work and real estate litigation. Michael has been with MacElree Harvey, Ltd. since 1980.

If you have any questions regarding a banking and finance litigation matter, contact Michael Louis at [email protected] or (610) 840-0228.

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