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CGA Law Firm Welcomes John S. Kennedy

CGA Law Firm is pleased to share that John S. Kennedy has joined the firm’s experienced Mediation Team, which includes retired judge John C. Uhler, Rees Griffiths and Jack M. Hartman.

Kennedy provides facilitative mediations, evaluative mediations or a combination of these styles. His practice focuses on mediation, arbitration and legal consulting.

Judge Kennedy served Pennsylvania’s 19th Judicial District for 22 years as a Trial Court Judge until his retirement in December 2017. He was assigned to the Court’s Trial Division where he handled a variety of civil, criminal and Orphans’ Court cases. Judge Kennedy also handled the Civil Motions Court for approximately seven years. During this time, he occasionally mediated cases for other judges and presided over settlement conferences.

As a Trial Court Judge, Judge Kennedy presided over a variety of both criminal and civil cases including numerous medical malpractice cases, products liability cases and capital murder cases.

In 1997, he helped establish the York County Drug Treatment Court, which was the second drug treatment court in the state at that time. In 2002, he aided in facilitating the first Reentry Court Program in Pennsylvania. This program helped establish a working relationship between the State Department of Correction, State Probation and Parole and County agencies to help incarcerated offenders reintegrate into society. He also spearheaded the expansion of the York County DUI Treatment Court in 2012. The program grew from 50 to approximately 150 participants in eight months.

In 2010, as a member of the York County Criminal Justice Advisory Board, Judge Kennedy helped establish the York County Target 25 Program. This initiative changed how DUI cases were handled from arrest through sentencing. It relies on technology and the collaborative efforts of the district attorney’s office, local law enforcement, judges, the county’s DUI Court and probation/parole to curb repeat drunk driving. Target 25 has reduced the occurrence of pretrial recidivism for drunk drivers by over 90%.

In 2014 Judge Kennedy and Target 25 received the Peter K. O’Rourke Special Achievement Award from the Governors Highway Safety Association. He was also honored with the National Highway Safety Administration’s (NHTSA) Life Savers Award in 2015 and the Kevin E. Quinlan Award for Excellence in Traffic Safety from the Foundation for Advancing Alcohol Responsibility in 2015.

Through a cooperative agreement with the American Bar Association and the NHTSA, he serves as a Regional Judicial Outreach Liaison in Connecticut, New Jersey, New York, Pennsylvania, Puerto Rico and the U.S. Virgin Islands.

Judge Kennedy has presented and served on panels for the American Bar Association, the National Association of Drug Court Professionals, the National Association of Pretrial Services Agencies and various other state and local organizations.

He is a graduate of Central Dauphin High School. Judge Kennedy attended Eastern Kentucky University and received his J.D. from the University of Pittsburgh School of Law. He lives in York with his wife Beth. Judge Kennedy’s son is a Division 1 ski racer at Plymouth State University in New Hampshire and his daughter is employed in the computer science industry in Colorado Springs, Colorado.

To contact Judge Kennedy, email him at jkennedy@cgalaw.com or call (717) 825-8302.

Zerbe & Young Selected to the 2018 Pennsylvania Super Lawyers List

CGA Law Firm is pleased to share that Attorneys Anne E. Zerbe and Lawrence V. Young have been selected to the 2018 Pennsylvania Super Lawyers list. This is Zerbe’s second consecutive year and Young’s 13th consecutive year of being included on the list. Only five percent of the lawyers in the state were chosen.

Anne E. Zerbe is a shareholder at CGA Law Firm and chair of the firm’s Labor and Employment Law Department where she concentrates her practice on employment law. She provides practical and common sense advice and risk management for employers. Anne has successfully defended clients at all levels of proceedings, including the United States Court of Appeals for the Third Circuit, the Eastern District Court and Middle District Court, the EEOC, Pennsylvania Human Relations Commission and Department of Labor. She represents business clients and health care clients in local, state and federal employment matters. Anne works closely with her clients to train and counsel them on effective practices for mitigating employment law claims. She is a certified as a Senior Professional in Human Resource (SPHR) by the HR Certification Institute and holds an AV Preeminent® peer review rating by Martindale-Hubbell.® Anne has been included on the prestigious “Women of Influence” and “Forty Under 40” lists by the Central Penn Business Journal. She was also named as one of Pennsylvania’s 50 Best Women in Business by the Pennsylvania Department of Community & Economic Development. Anne is committed to serving the community in which she lives and works and serves as a board member for the Ronald McDonald House Charities of Central PA, Children’s Home of York and the York County Bar Association.

 Lawrence V. Young is a shareholder with CGA Law Firm and chair of the firm’s Bankruptcy and Debt Restructuring Department. He focuses his practice on consumer bankruptcy matters, Chapter 11 and corporate reorganizations, debt restructuring and workouts. Larry is certified as a Consumer Bankruptcy Specialist by the American Board of Certification, and is one of only 25 others who have this designation throughout the Commonwealth. He is also the solicitor for Manchester Township. Larry has held an AV Preeminent® peer review rating by Martindale-Hubbell® since 1994. He is a past president of the York County Bar Association, the York County Bar Foundation, the Middle District Bankruptcy Bar Association and Central Pennsylvania Legal Services. Larry has been an active member of the Pro Bono Committee of the York County Bar Association since 1993, serving as Committee Chair for much of that time. In 2013, he received the Outstanding Member Award from the York County Bar Association. In 2016, Larry was recognized by the Pennsylvania Bar Association with the Jeffrey A. Ernico Award. This award celebrates the pro bono accomplishments of Pennsylvania attorneys who have provided significant legal services to those in need and is given annually to only one attorney in the Commonwealth.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. The list of selected attorneys appears in the Pennsylvania Super Lawyers Magazine each May.

CGA Law Firm Elects Attorney Zachary E. Nahass a Shareholder

CGA Law Firm is pleased to announce that Attorney Zachary E. Nahass has been elected a member of the Firm.

CGA Law Firm’s president, Jeffrey L. Rehmeyer II, notes, “Zach has been a dedicated, hard-working and insightful attorney for the CGA Law Firm since the day he joined us. He is a skilled advocate for his clients, especially in litigation matters.” He adds, “Zach is also an involved member of our community. We look for him to continue to help and to impact others as a shareholder and owner of the Firm.”

Attorney Nahass focuses his legal practice in the areas of business law, labor and employment law, civil litigation, immigration law and education law. He counsels local businesses and entrepreneurs on issues from start-up through succession, including choice of corporate entity, employment matters, acquisitions, regulatory compliance and licensing.

Attorney Nahass offers counsel to school districts on a variety of issues, including labor and employment matters, student discipline and special education compliance.

In the event of litigation, he offers representation to individuals, businesses and school districts in various administrative and judicial forums.

Attorney Nahass received his Juris Doctorate from The American University, Washington College of Law and his undergraduate degree from the University of New Hampshire. He is licensed to practice in the District of Columbia, Maryland and Pennsylvania.

Prior to joining CGA Law Firm, he owned a successful private practice in Maryland. Attorney Nahass also spent several years as a litigation associate in a boutique firm in the District of Columbia.

Attorney Nahass serves as a member of the Board of Directors for Big Brothers Big Sisters of York & Adams County and York Art Association. He also assists Leadership York as a Community Ambassador for the Future Leaders Program and is attorney advisor for the Red Lion High School Mock Trial Team.

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Founded 51 years ago, CGA Law Firm’s team of 35 attorneys and 35 professionals offers depth of experience, passion and skill to businesses, individuals, municipalities and school districts. Practice areas include:

  • Bankruptcy & Debt Restructuring
  • Business & Corporate Law
  • Elder Care, Estate Planning & Administration
  • Education Law
  • Family Law
  • Health Law
  • Labor & Employment Law
  • Litigation
  • Mediation/Alternative Dispute Resolution
  • Municipal Law
  • Real Estate Law

CGA Law Firm prides itself on its commitment to community. The Firm supports a wide variety of charitable, cultural, educational and civic organizations throughout South Central PA with charitable donations, volunteer involvement and pro bono services.

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Join Us at the 29th Annual Robert H. Griffith Holiday Basketball Classic

CGA Law Firm is proud to sponsor the 29th Annual Robert H. Griffith Holiday Basketball Classic on December 27 and 28 at York Tech!

“The Classic” benefits York County Special Olympics, an organization for which tournament director Attorney Charles B. Calkins is passionate. In fact, this is the 29th year he has coordinated the event. Proceeds will help provide year-round sports training and competition for children and adults that participate in Special Olympics. Those athletes are able to develop skills and memories in a range of sports including aquatics, basketball, golf, volleyball and soccer.

Special thanks is extended to the many sponsors, supporters and volunteers including Vito’s Pizza, Imagineered Signs, Penny Press of York, Martin’s Potato Chips, Hawk Gunning Club, Dallastown American Legion, Shiloh American Legion, Mt. Zion Lodge No. 74, Red Lion Elks, Victory Athletic Association, Viking Athletic Association, Round the Clock Diner, York City Pretzel, Marcello’s Pizza and Hampton Inn.

Wednesday, December 27

  • 6 p.m. – Bethlehem Catholic High School vs. York Suburban High School
  • York County Special Olympics Basketball Game (15 minutes)
  • 7:30 p.m. – York Catholic High School vs. Danville High School

Thursday, December 28

  • 6 p.m. – Consolation Game
  • 7:30 p.m. – Championship Game

Tickets will be sold at the door.

Best of luck to the players and coaches. We hope to see you there!

Employers Brace for Uptick in Harassment and Discrimination Claims: Making Sure Your Organization is Ready

It is impossible to avoid the headlines, which for months have been dominated by claims of sexual harassment, sexual assault and discrimination filed against high-profile figures – from Hollywood to the halls of Congress. Experts say it is inevitable that these newsworthy complaints, and the conversations they have touched off, will have a significant and lasting impact on employers in far less visible sectors.

As a result, employers large and small are taking stock of their current culture, policies and protocols to ensure that they are taking all necessary precautions to protect their employees and their businesses, and we are encouraging our clients to take proactive steps now to avoid being caught unprepared for complaints in their organizations.

So it’s time to dust off the handbooks and review and update your policies addressing harassment and discrimination complaints – and given the urgency surrounding these issues, it is not enough to simply email the new policy, obtain a “read receipt” and hope for the best. In order for these policies to be effective, employers need to provide interactive training to ensure that managers and employees understand the policies, know what legally prohibited harassment is (and is not), and have a clear understanding of reporting and response protocols.

The type of training you provide is also key – online training and pre-recorded videos aren’t enough – managers and employees need to have the opportunity to engage, ask questions and receive expert advice in order to understand the law and policies and avoid issues. Taking these important steps sends a clear message to employees, clients and customers that you take harassment and discrimination concerns seriously – and substantially reduces the risk of having your organization end up in the headlines – or in the courtroom.

Concerned leaders will be making this a priority in the New Year for their organizations, and your experienced employment law team at CGA is here to help. Contact Attorney Christine Nentwig to discuss how CGA can assist with drafting clear and effective policies and delivering interactive training programs for your managers and employees that are tailored to your business and your budget.

Timothy J. Bupp Inducted into York County Community Foundation’s Professional Advisor Recognition Society

CGA Law Firm is proud to announce that Attorney Timothy J. Bupp has been inducted into the York County Community Foundation‘s (YCCF) Professional Advisor Recognition Society. The Society was established to publicly recognize and thank those who have helped their clients achieve their charitable goals through the YCCF.

Attorney Bupp is a founding member of YCCF’s Agriculture and Land Preservation Committee, and also chairs YCCF’s Resource Development Committee as one of his responsibilities as a YCCF board member. He is passionate about the benefits of creating a legacy at the YCCF and advocates the value of the Foundation to his peers (versus creating private foundations/other vehicles).

Attorney Bupp holds multiple certifications in estate planning and has considerable experience in advising clients on estate administration and probate of wills. He also provides his clients with personalized legal counsel in elder law, Medicaid and related health care matters. Attorney Bupp has practiced in the Orphans Court and has assisted clients in resolving estate disputes, probate claims, will contests, trust litigation, guardianships and similar matters.

He also practices extensively in municipal law and has represented townships, boroughs, authorities, zoning hearing boards and other municipal entities. Attorney Bupp also has represented individuals and businesses in appearances before municipalities and their boards for zoning variances, special exceptions, subdivisions and other municipal matters. Attorney Bupp also practices in the areas of business and corporate law and real estate law.

A lifelong resident of southern York County, Attorney Bupp provides counsel regarding farmland preservation issues, estate planning for farm owners and farm families and related agricultural law issues. Having come from a farm background, he has served on the boards of directors for the Farm & Natural Lands Trust of York County and the Horn Farm Center for Agricultural Education.

Congrats on this wonderful honor, Tim!

 

 

Power Line Project Will Affect Southern York County Residents

Residents in Chanceford, Lower Chanceford, Hopewell, East Hopewell and Fawn Townships are currently confronted with proposed construction of 40 miles of high-voltage electric power lines on 135-foot towers by Transource Energy. Farmers and landowners in the area are rightfully concerned about the benefit of the project to residents of our area, the impact the project could have on individual properties, and the compensation that affected landowners may receive. While Transource is still in the PUC permitting process and has not finalized its proposed route, survey crews have already contacted landowners for temporary access to map out the project. After PUC approval, Transource will return seeking permanent rights-of-way for the project.

It is important for landowners to know their legal rights when dealing with the utility company. Landowners will find themselves approached by Transource representatives, each with a different personality and a different pitch, all seeking the same thing: an easement over your property for the lowest amount of compensation possible. Landowners will need good counsel to obtain best value and draft an agreement that will protect their rights and address such  issues as crop damage, timber loss and environmental concerns. The assistance of an experienced attorney to protect your rights is essential.

CGA Law Firm has a history of successfully representing landowners in negotiations with utility companies. Our attorneys have helped property owners to protect their property rights and obtain settlements for their properties. When necessary, we vigorously defended our clients’ interest in the courts to assure that award to the landowner is fair. Our attorneys live in the area and share your interests and values when it comes to protecting your home, farm and family. We will be happy to assist you to make the easement process fair, understandable and in your best interest.

For more information, contact Attorney Timothy J. Bupp at tbupp@cgalaw.com, or the CGA Real Estate Law Practice Group at 717.848.4900.  

Medicaid Basics

Medicaid is a means-tested program jointly funded and administered by the federal and state governments. It pays for a broad range of medical care and services for low-income adults, children, pregnant women, people with disabilities and the elderly. In addition, it provides long-term care services for qualifying families and individuals.

Individuals may qualify for Medicaid if they fall within these defined categories:

  • They are age 65 or older, blind and disabled, and eligible to receive Supplemental Security Income (SSI); or
  • They have significant medical needs, high medical bills and may qualify for SSI due to a disability or medical condition, except they have excess income or resources.

Unfortunately, it is not generally shared that even those with “excess” resources and/or income can receive Medicaid assistance. While Medicaid does review and consider all assets in an individual’s name and their spouse’s name, there are ways to secure some of those assets. In many cases, some of those assets are exempt in accordance with Medicaid laws.

Did you know that under current laws, your residence may be counted as an exempt resource when Medicaid evaluates your resources? Whether you are single or married, your home is not valued in the Medicaid resource assessment, so long as it is used as the principal place of residency by the applicant and/or the applicant’s spouse or dependent relative or blind/disabled child, if there is intent to return home, regardless of whether such intent is practicable.

To find out more about Medicaid planning and the application process, contact Timothy J. Bupp or elder law paralegal Christina J. Herold to schedule an appointment at (717) 848-4900.

You have enough to worry about. We can help ease the burden of the Medicaid process.

This article was written by elder care paralegal, Christina Herold.

Medicaid News You Can Use

Written by Elder Law Paralegal, Christina J. Herold

Applying for Medicaid can be very challenging, especially for those who are not trained to know what to look for during the application situation. The laws and guidelines are unclear and the amount of documents can seem endless. Many individuals attempt to apply for Medicaid on their own, which often results in confusion, frustrations, and ultimately denial of the application.

With the right help, the process can be explained, and the burden can be removed from your shoulders.

Here is a little “tid-bit” you may not know. Instead of having to reapply for Medicaid and starting all over, you can ask for a reconsideration of the denied application within 60 days of the denial notice. Your opportunity is not over, and we can help you receive the coverage for which you or your loved one is eligible.

Please contact our office and speak with Attorney Timothy J. Bupp or Elder Law Paralegal Christina. J. Herold at (717) 848-4900. We look forward to assisting you.

School Law Training: May 22, 2017

You’re Invited to a School Law Training Session

on Monday, May 22 from 5 – 7 p.m. at CGA Law Firm!

Join the co-chairs of CGA’s School Law Group, Margaret “Mieke” Driscoll and Sean A. Fields, for a complimentary training for School Directors, Superintendents and Administrators regarding recent developments in school law.

The session will focus on:

  • Student Expression Under the First Amendment
  • Transgender Students: The Shifting Landscape
  • Student Discipline Issues including Bullying and Social Media
  • Employee Discipline Procedures for School Boards and Superintendents
  • Stump the School Law Attorneys: Bring any general questions you have about school law.

CLICK TO REGISTER NOW

Registration Deadline: Thursday, May 18  

135 N. George Street | York, PA 17401 | On-site parking is available.


CGA School Law Attorneys

Margaret “Mieke” Driscoll | Sean A. Fields | Jeffrey L. Rehmeyer II

Zachary E. Nahass | Christine Nentwig | Peter R. Andrews