Archive for the ‘Author’ Category

Adults are presumed to have capacity, but does everyone truly have it? Capacity is defined as the “ability to effectively communicate one’s wishes.” Capacity, however, is not a diagnosis. It is well settled in Pennsylvania case law that “…mere weakness of intellect resulting from sickness or old age is not legal grounds to set aside an executed contract if sufficient intelligence remains to comprehend the nature and character of the transaction.” Cardinal v. Kindred Healthcare, Inc., 155 A.3d 46, 50 (Pa. Super. 2017). There are several things that may “tip off” families that an individual would benefit from a capacity… read more »

Dogs are one of the most common and beloved pets across the United States and the entire world. Many couples decide to purchase a furry friend together while their relationship progresses. Though it may seem that nothing could go wrong, that isn’t always the case. If the couple splits up, where does the dog go? Though many people view their dog as their child, the courts in the Commonwealth of Pennsylvania do not. In Pennsylvania, dogs are regarded as personal property[1], not something that a couple has a right to share equally. Though we sometimes believe our pets to be… read more »

The recent SECURE 2.0 Act enacted by Congress has introduced a series of new strategies to help reduce burdens on taxpayers. CGA Law Firm has previously reviewed the SECURE 2.0 Act in general and highlighted some of its advantages to taxpayers. Today we will highlight a beneficial move that can help you and your college-bound children or grandchildren benefit more from their dollars.  Utilizing a 529 Plan – a tax-advantaged college savings plan under IRC Section 529 – has long been a solid strategy for tax avoidance. A donor can set up a plan for college-bound family members, usually depositing… read more »

By Attorney Brent C. Diefenderfer Seeking help from a bankruptcy attorney early in your financial struggles can significantly impact the outcome of your bankruptcy case. An early consultation allows for a more strategic approach to your bankruptcy filing by providing ample time to plan and prepare. Here are a few examples highlighting the benefits of early assistance: 1. Preserving Assets and Maximizing Exemptions: When you consult a bankruptcy attorney in advance, they can guide you on protecting your assets within the confines of bankruptcy laws. By strategically planning asset transfers and utilizing exemptions, you can safeguard your property while obtaining… read more »

Attorney Christine Nentwig has recently been certified by Chief Judge Matthew W. Brann as a federal court mediator in Labor and Employment Law for the United States District Court Middle District of Pennsylvania. Christine holds a Professional Mediation Certificate from Cornell University’s ILR School and specializes in mediating complex employment cases, helping parties avoid costly and contentious litigation. Christine serves as Chair of CGA Law Firm’s Employment Law Practice Group and has nearly 30 years of combined experience as an HR professional and an attorney. Her practice spans the full range of labor and employment matters – including counseling, litigation,… read more »

The Pennsylvania Municipal Authorities Act (the “Act”) gives municipal authorities in Pennsylvania the ability to do a number of things, including the authority to provide water service, sewer service, and storm water management; the power to operate incinerator plants and landfills; and operate several kinds of public transportation networks. One item not found on the list of items that a municipal authority can do is operate an emergency medical services (EMS) provider. Over the last several years, many municipalities have seen a precipitous drop in the number of volunteers that have traditionally provided both fire and EMS services to these… read more »

Social media is a powerful tool for connecting with constituents. However, the expansion of public discussion through social media encourages an expanded application of the Right-To-Know Law. In an April 2023 case, Penncrest School District v. Cagle, the Commonwealth Court attempted to clarify when a public official’s social media activity would be subject to disclosure. The new test limits the applicability of the Law to social media activity but does not settle the matter, so future litigation will likely clarify the test. The Right-To-Know Law is “designed to promote access to official government information in order to prohibit secrets, scrutinize… read more »

When it comes to parking enforcement and restriction in local municipalities, decisions fall on the shoulders of the municipality’s leaders. Under the U.S. Constitution, it is within a municipality’s police powers to enact new ordinances to enforce parking and safety measures. When determining whether a new ordinance is lawful, the ordinance must pass the rational basis test [1]. To pass this rational basis test, there must be both 1) a legitimate governmental interest; and 2) the ordinance must achieve the governmental interest in a reasonable manner. In addition to the use of parking meters in company with signs providing notice… read more »

According to the October 2019 US Bureau of Labor Statics 22.6 million workers make up the total number of public sector employees in the United States. Of those 22.6 million, 14.6 million or 64.6% are local public sector employees. The pandemic, remote working, and the idea of “gigs” over a career has sparked numerous challenges in the job market for private and public employers. As a large population of the workforce enters and nears retirement age, hiring and retaining employees at the local level will be at the forefront of many local officials minds and meeting agendas. Compliance with employment… read more »

Estate planning offers protection and security for you and your family. Having well-crafted documents can help ensure your loved ones will be equipped to handle your estate matters smoothly without any disagreements or uncertainties. Nevertheless, numerous estate plans contain avoidable errors that only serve to complicate matters or even spark conflicts. Here is a list of common mistakes to avoid. 1. Identify your beneficiaries correctly. Too often, problems arise when a bequest to “John Smith” or “my niece Mary” goes astray. Our world is full of John Smiths and Marys, and problems can arise if bequests are identified too vaguely. Problems also arise if… read more »