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Centreville, DE
Centreville, DE

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Wilmington, DE 19807
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Kennett Square, PA
Kennett Square, PA

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Kennett Square, PA 19348
610-444-3180

Philadelphia, PA
Philadelphia, PA

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Radnor, PA 19087
610-977-2439

West Chester, PA
West Chester, PA

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West Chester, PA 19382
610-436-0100

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MacElree Harvey Offices
Home > Articles by Our Attorneys

Articles by Our Attorneys

Governor Allows Construction to Resume May 1; New Law Tolls Time for Action on Land Use Applications: Updates from MacElree Harvey, Ltd.’s Land Use Department

Posted April 23, 2020

Brian L. Nagle  •  J. Charles Gerbron, Jr. •  Lindsay A. Dunn • Matthew M. McKeon Of Counsel: Ronald C. Nagle •  Jane M. Shields  •  Cara E. Williams Pennsylvania’s response to the COVID-19 pandemic is constantly developing, and the recent actions below will affect construction and land use/land development applications in the Commonwealth. Governor […]

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Domestic Violence and Protection From Abuse Laws in Delaware

Posted April 23, 2020

Recently, there has been some discussion in the news regarding a potential uptick in domestic violence.  Here are some frequently asked questions concerning domestic violence and Protection from Abuse (“PFA”) Orders. 1. What is domestic violence? In Delaware, domestic violence is defined by statute under 10 Del. C. 1041.  “Domestic Violence” is abuse perpetrated against a family […]

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Appellate Alert: Pennsylvania Superior Court Rejects Claim of Interference with Expected Inheritance

Posted April 15, 2020

The Pennsylvania Court recently considered a daughter’s claim that an attorney had tortuously interfered with an inheritance that she expected from her mother. In doing so, the Court confirmed that a cause of action for interference with expected inheritance exists under Pennsylvania law but affirmed the trial court’s determination that the facts pleaded in the […]

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CARES Act Increases Tax Deductions for Charitable Contributions

Posted April 14, 2020

Charitable organizations are facing significant hardships due to the COVID-19 crisis. Fortunately, the newly enacted Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) provides new tax incentives for charitable giving, encouraging individuals and businesses to support their favorite charities during this time of need. The CARES Act specifically provides a new above-the-line deduction […]

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How the CARES Act Impacts Your Retirement Accounts

Posted April 9, 2020

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law by President Trump on March 27, 2020, primarily to assist individuals and businesses with the financial implications of COVID-19. The CARES Act includes several provisions relating to retirement plans that plan participants should be aware of, including the waiver of […]

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Divorce in an Economic Downturn

Posted April 8, 2020

Timing in life is important. This is particularly true in divorce. Generally, one spouse but not both will benefit from the passage of time in a divorce case. In an economic downturn, business owners and breadwinners benefit. Lower incomes generally yield lower child support and alimony payments. Interrelatedly, an economic downturn may provide an opportunity […]

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Will I be Held in Contempt if I Disobey the Custody Order During a Crisis?

Posted April 8, 2020

It depends. To be found in contempt, the Court must find that a party willfully disobeyed a Court Order in a meaningful way when they had the ability to comply with the Order. Courts generally expect parents to exercise good judgment and common sense in dealing with the other parent, preferring to elevate substance over […]

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Divisible Divorce Doctrine

Posted April 8, 2020

Does the Court have jurisdiction over my divorce? In a divorce case, there are two types of jurisdiction, “in rem” and “in personam.” A Court’s “in rem” jurisdiction refers to its authority to enter a decree of divorce. In Delaware and Pennsylvania, at least one spouse must have been a bona fide resident of the […]

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Appeals

Posted April 8, 2020

When the Family Court issues a final order, litigants may appeal that order to the Delaware Supreme Court within 30 days. Generally, to raise an issue on appeal, a party must have fairly presented that issue to the Family Court. An important consideration is the standard of review, that is, what type of scrutiny the […]

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Constitutional Commotion: Governor Wolf’s COVID-19 Business Mandate

Posted April 7, 2020

By: Lindsay A. Dunn On March 19, 2020, Pennsylvania Governor Thomas Wolf ordered closure of any “place of business in the Commonwealth that is not a life sustaining business regardless of whether the business is open to members of the public.” The Governor’s Order compelled the shuttering of thousands of private businesses and resulted in […]

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