Initiative: The Official Newsletter of MacElree Harvey, Ltd. Fall 2015 by MacElree Harvey, Ltd.

FALL 2015

INITIATIVE THE OFFICIAL NEWSLETTER OF MACELREE HARVEY, LTD. ATTORNEYS AT LAW

For every client. In every matter. Every day.

INITIATIVE

For every client. In every matter. Every day.

IN THIS ISSUE 3

The Importance of Fiduciary Depth. Or—Have a Backup Plan! Duke Schneider & Don P. Bristol

Waters of the United States— Oppressive Overstep or Duplicative Regulation? J. Charles Gerbron, Jr.

An Unlikely Attorney Interview with Joseph A. Bellinghieri

The Ten Best Ways to Protect Your Family With Insurance Choices Tim Rayne

The Right Move Jaime L. Jano

There’s a Better Option The Sunoco Mariner 2 Pipeline is Coming to the Area

ON THE COVER

West Chester University in the fall is a gorgeous sight, illustrated in this photograph of the Frederick Douglass statue by local photographer Fred Weyman. You can see Mr. Weyman’s work on display at the Visual Expansion Gallery in West Chester, PA or visit his Flickr site: /foweyman.

The contents of this newsletter should not be construed as legal advice on any specific fact or circumstance. Its content was prepared by MacElree Harvey, Ltd. It was designed for general information purposes only. Your receipt of such information does not create an attorney-client relationship with MacElree Harvey, Ltd. or any of its lawyers. You should not act or rely on any of the information contained herein without seeking professional legal advice. Prior results referred to in these materials do not guarantee or suggest a similar result in other matters. Initiative is published for friends, clients and employees of MacElree Harvey, Ltd. Mailing and email address changes, questions, comments or requests for printed copies of the Firm’s newsletter should be directed to Marketing, MacElree Harvey, Ltd. at 610-840-0222 or 17 West Miner Street, West Chester, PA 19382. Contact us by email: jcooper@macelree.com. Our monthly newsletter can also be obtained from our website, www.macelree.com

AROUND OUR TOWNS: (1) The iconic County Theatre on State Street in Doylestown originally opened in 1938, but this photo of the sign—taken by our own Robin A. Maderich—makes it obvious why the theatre will live on for many more years to come. (2) Sunflowers in September? Attorney Tim Rayne caught this shot during the first weekend of the season. (3) Our West Chester office in the early morning is always beautiful.

ELDER LAW

The Importance of Fiduciary Depth (Or—Have a Backup Plan!)

hen contemplating your estate plan, one of the items often assumed to be a simple task is the decision as to the naming of the executor of your Will, or the Trustee of any trusts created under your Will. For married couples the spouse is almost always the first named. After that, it is almost always the children or other members of the family. The best practice is to have some sort of succession plan in mind when deciding who will be responsible for administering your estate or trust when you’re gone. A consideration in naming children or other family members is whether they will have the sophistication to serve, and the time to handle the tasks associated with their fiduciary duties. If you’re thinking of naming your children as executors or trustees, consider whether you are going to name them in some sort of hierarchy, or if you are going to name them as a group. Naming children in a hierarchy does not necessarily mean “I love you more” or “I trust you more than the others.” We counsel clients to speak with their children about the duties entailed in administering an estate, and to consider the effectiveness of a single fiduciary versus a group of

fiduciaries being called upon to review and sign documents and facilitate the administration of the estate. For various reasons, including geography, sophistication, and “life issues,” it is not uncommon for clients to lack a depth of choices among family members to serve as executor or trustee. In these situations, corporate fiduciaries (bank trust departments or trust companies) are a good choice to serve. And while these fiduciaries are paid for their services, their fees are usually quite reasonable. Naming a corporate fiduciary can also give clients confidence that the fiduciary duties will be carried out timely and professionally. If it should happen that none of your named executors are able or willing to serve, or if you die without having created a Will (which is called intestacy), Pennsylvania has specific rules concerning who has the right to serve as the executor/administrator of an estate in the absence of a named successor (20 Pa.C.S.A § 3155 (b)). In the absence of a named successor in your testamentary documents (or your intestacy), those who have the right to serve are in the following order (the statute, summarized and with some emphasis added):

1. Those entitled to the residuary estate under the Will, and in the absence of a Will; 2. The surviving spouse, and in the absence of a surviving spouse; 3. Those entitled under the intestate law of Pennsylvania (according to the size of the shares of those parties), and in the absence of such party(ies); 4. The principal creditors of the decedent at the time of his (or her) death, and in the absence of such party(ies); 5. Other fit persons. 6. If any of these should renounce their right to serve, the Register of Wills may appoint someone to succeed them in preference to the above order of successors. 7. A guardianship support agency serving as guardian of an incapacitated person who dies during the guardianship administered pursuant to Subchapter F of Chapter 55 (relating to guardianship support). 8. A redevelopment authority formed pursuant to the act of May 24, 1945, known as the Urban Redevelopment Law. Conclusion: Be sure to thoughtfully to plan out and dictate a solid succession plan for your executors and trustees. And don't miss out on our next article—exclusively on macelree.com where we'll go even more... in depth! F

Together, Duke Schneider, Esq. and Donald P. Bristol, Pa.C.P. work closely with individuals on a wide variety of wealth management, business succession and estate and trust administration matters. Both are also experienced in Elder Law matters, and help advise clients on the strict guidelines related to fiduciary matters in Pennsylvania. They can be reached by email: dschneider@macelree.com, dbristol@macelree.com, or by phone at 610-840-0231.

Waters of the United States Oppressive Overstep or Duplicative Regulation?

arming has never been easy. And, according to many advocates of agriculture, an administrative rule promulgated by the Environmental Protection Agency (EPA) and United States Army Corps of Engineers (“Army Corps”), just made it even harder. In 1972, the United States Congress enacted the Federal Water Pollution Control Act Amendments of 1972, commonly known as the Clean Water Act (the “Act”). This popular legislation was supported by Republicans and Democrats alike, passing in Senate, for instance, by an 86-0 margin. The Act uses the term “navigable waters” when referring to the jurisdictional reach of many of its regulatory prohibitions, including a prohibition on discharging pollutants or fill materials. Accordingly, in order to determine whether the Act applies to a body of water, all one has to do is look to see what “navigable” means, right? According to the Oxford University Press Dictionary, 5th. Edition, “navigable” means “[s]ufficiently deep and wide to provide passage for vessels.” So the Act only applies to lakes, rivers, seas, and streams, and any other body of water deep and wide enough for a boat, right? Actually, no. The problem is that Congress defined “navigable waters” within the Act itself, rendering the traditional, dictionary defini-

tion of “navigable waters” almost irrelevant. And, as if determined to create ambiguity, uncertainty, and argument, it defined “navigable waters” as “waters of the United States.” “Waters of the United States,” is, you guessed it, not defined in the Act. The Supreme Court of the United States considered – and to a certain extent limited – the meaning of “Waters of the United States” in decisions issued in 2001 and 2007, but the question of how the EPA and the Army Corps would determine the Act’s reach in each case has been relatively uncertain. Pursuant to their administrative rule-making powers, the EPA and Army Corps sought to define “Waters of the United States” by publishing a proposed definition on April 21, 2014. Opposition to the proposed rule was immediate and intense, and, by the time the public comment period closed on November 14, 2014 , EPA and the Department of the Army had received over one million public comments. The agencies issued responses to the public comments, and published the final rule on June 29, 2015. The final rule (the “Rule”) became effective on August 28, 2015 in the states (including Pennsylvania) not challenging it in the Federal Courts. The Rule defines “Waters of the United States” in eight enumerated categories. The majority of the definitions are not particularly controversial; for instance, few would dispute that waters that are, were, or could

be used in interstate commerce (Section 203.3(o)(1)(i)) are contemplated under the Act. The same could be said for interstate waters (including interstate wetlands), territorial seas, and impoundments. Less obvious, but only marginally controversial is the inclusion of tributaries (as defined in the Rule) of waters capable of being used in commerce, interstate waters, and territorial seas. More controversial, however, is that the EPA and Army Corps have defined “waters of the Unites States” to include: • all waters adjacent to those capable of being used in commerce, interstate waters, territorial seas, and tributaries including “wetlands, ponds, lakes, oxbows, impoundments, and similar waters”; • certain waters (“prairie potholes,” “Carolina bays and Delmarva bays,” “Pocosins,” “Western vernal pools,” and “Texas coastal prairie wetlands”) “where they are determined, on a case-specific basis, to have a significant nexus to” a water capable of being used in commerce, interstate waters, or a territorial sea, and; • “All waters located within the 100-year floodplain of ” a water capable of being used in commerce, interstate waters, or a territorial sea and “all waters located within 4,000 feet of the high tide line or ordinary high water mark” of a water capable of being used in commerce, interstate waters, territorial seas, impoundments, or tributaries of same “where they are determined on a

case-specific basis to have a significant nexus to” a water capable of being used in commerce, interstate waters, or a territorial sea. Few have been more steadfast in opposition to the Rule as lobbyists, PACs, and other groups advocating for agriculture. While the EPA and Army Corps assert that the Rule will help to clarify the meaning, reach, and scope of the “Waters of the United States,” many in agriculture contend that the Rule leads to further uncertainty; more pointedly, many in agriculture are of the opinion that the Rule constitutes an unprecedented federal land grab. In fact, the American Farm Bureau (“AFB”) claims that the Rule grants EPA and the Army Corps “almost unlimited authority to regulate, at their discretion, any low spot where rainwater collects, including common farm ditches, ephemeral drainages, agricultural ponds, and isolated wetlands found in and near farms across the nation.” The AFB is telling its members that the Rule expands the EPA and Army Corps’ regulatory reach to 99% of land in Pennsylvania. There is no doubt that the Rule expands the jurisdiction of EPA and the Army Corps. In fact, the agencies concede that the Rule increased their assertion of jurisdiction over approximately 3%-5% more waters in the United States, compared with “current field practice.” And certainly, the idea of federal intervention into local farming matters is concerning.

“

majority of ditches, irrigated areas, and erosional features are specifically excluded as “Waters of the United States,” under the Rule. In other words, the Rule, on its face, has no application to most surface waters. Pennsylvania’s Clean Streams Law (35 P.S. §§ 691.1 et seq.,) first enacted in 1937 and amended eight times thereafter, does apply to surface waters. In fact, the Clean Streams Law defines “Waters of the Commonwealth” to include “any and all rivers, streams, creeks, rivulets, impoundments, ditches, water courses, storm sewers, lakes, dammed water, ponds, springs and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth.” Accordingly, Pennsylvania has long regulated “Waters of the Commonwealth” to a degree more expansive than the Rule, and Pennsylvania farmers are, in large part, used to this regulation. For many farmers, the concern lies with the uncertainty surrounding the interpretation and application of the Rule at the federal level. It is possible, of course, that the EPA and Army Corps may interpret and apply the Rule in a manner differently than the Pennsylvania State Department of Environmental Protection has interpreted and applied the regulations flowing from the Clean Streams Law. As the implementation of the Rule advances in the coming months and years, it is critical that impacted landowners understand not only the intricacies and interplay between the Clean Water Act and Clean Streams Law, but also the interplay and relationship among the state and federal agencies charged with enforcing the legislation.

There is no doubt that the Rule expands the jurisdiction of EPA and the Army Corps. In fact, the agencies concede that the Rule increased their assertion of jurisdiction over approximately 3%-5% more waters in the United States, compared with “current field practice.”

In states without meaningful clean water legislation at the state level, the Rule may very well have a dramatic regulatory impact on agriculture. In Pennsylvania, however, the Rule is unlikely – in practice – to have the extensive deleterious effect on agriculture predicted by the groups who lobbied against its adoption. As an initial matter, prior converted cropland, puddles, and the overwhelming

It is your land, after all. F

It’s important that farmers and growers throughout Southeastern Pennsylvania and Delaware realize they have a powerful resource they can turn to in the event this legislation affects their livelihood—or threatens to.

J. Charles Gerbron, Jr. is a member of MacElree Harvey’s Land Use Department, and concentrates his practice primarily on land use, zoning, agricultural, and litigationrelated matters. Having appeared in Federal Court and in the Courts of Common Pleas of Berks, Bucks, Chester, Delaware, Montgomery, and Philadelphia counties, Charlie has a broad-range of experience representing businesses, developers, and individuals. Reach him at 610-840-0265 or cgerbron@macelree.com

Joe and his wife Kimberly on their wedding day in 2001.

Harry J. DiDonato and Joe in 1996— the same year Joe joined the firm.

Joe, his wife Kimberly, and their children are avid adventurers.

AN UNLIKELY ATTORNEY Jaimielynn T. Cooper

oseph A. Bellinghieri, Esq., CPA, LL.M. doesn’t act like an attorney. At 50, his eyes are too kind and his smile is too genuine as we sit down in his office for this interview. Under different circumstances, I might assume it’s because it’s a Friday afternoon—or because he wants to get rid of me— but that’s the way Joe always is—open, friendly and never too busy for anyone… even though he always seems so busy. UNANTICIPATED As a junior at Drexel University working towards graduating with a degree in Finance and Accounting, Joe admits he had no plans or intentions of becoming an attorney. “Honestly, I had no idea what to do with my accounting and finance degrees, and I had no plans to attend law school.” Until he got some advice from his biggest fan—his mom. “She came to me one day and said, ‘Joe, you should really become a lawyer,’ and I looked at her and thought ‘Why not?’” After all, who’d know better? He graduated from The George

Washington University National Law Center with honors, putting his accounting degree on the backburner until his father told him he should get his CPA license. Once again, Joe approached the task with the mentality of “Why not? It’s only a test.” Combined with a Masters in Law (LL.M.) in Taxation from Georgetown University Law Center, his Pennsylvania Certified Realtors License and an extensive list of independent seminars, classes and courses under his belt, learning is an obvious passion. “I love going to school. If I could get paid to take classes, I’d quit this job in a heartbeat.” He says it so sincerely, I almost believe him. But then he laughs and rephrases: “You know, it’s funny. That’s not true, but I think part of why I like going to school so much is because I love taking tests—I love a challenge, and I’m super competitive,” he shares with me, adding that his children have—for better or worse—inherited the trait. He also admits that despite that mentality, he has never enjoyed the combative environment of litigation. “I don’t want

to fight. I just want to accomplish things and help people achieve their goals.” And that’s exactly what he does. As a member of MacElree Harvey’s award winning Estates Practice, Joe is a vital part of one of the most sought after teams in the region. With an unparalleled composition of experience, education and exposure, this sophisticated group is responsible for executing complex financial trusts, and managing the legacies of countless future generations, all while formulating sophisticated elder law protection plans, and defending the rights of our nation’s veterans. UNWAVERING Affectionately accused of never sleeping, and known for never once ignoring an email—he answered three of mine while on vacation in Hawaii— around the office Joe is a powerhouse, often pushing the limit on what can actually be accomplished in a normal human’s workday, and personifying efficiency and responsiveness with ease. “I can’t help myself,” he says, flashing a trademark grin, “I honestly can’t turn down the opportunity to help someone. If it can be done, I’ll do it. And if it

“

“I don’t want to fight. I just want to accomplish things and help people achieve their goals.”

can’t… well, that hasn’t happened yet, but when it does, I’m sure I’ll find a way to do it anyway. My mom has always told me that where there’s a will, there’s a way—for everything in life.” His tenacity and dedication is infectious. (Which is one of the many reasons why his mom is still his biggest fan.) Joining MacElree Harvey in 1996, his unique approach to the law quickly became apparent and spread to both his peers and his clients—many of whom he now considers himself lucky to call friends. “I’m a very social person, and I think—I hope—my clients are drawn to that. It’s really not an act—it’s just who I am. I like building relationships with people. I like that people are comfortable with me, and that they trust me. I think my clients appreciate that I don’t act like most attorneys, but rather like a friend who is trying to help.” His easy going “why not?” personality is part of why this is true, and it has taken him from an undecided undergraduate to General Counsel for one of Philadelphia’s largest law firms and trusted executor and trustee of multi-million dollar estates.

UNBELIEVABLE In many ways, Joe still is—and may always be— one of the unbelievable attorneys. Today, he and his partners are in a class of exceptionally rare shareholders who have abandoned the old tactics for running a legal firm, instead opting for a new strategic corporate strategy—one that values the past, but doesn’t see the point in reliving it. “Every single day is different. Every client, every situation—they’re all different from the one before. I won’t tell you that that’s always the best circumstance to be in—one of the most difficult parts of this job is how much there is to juggle at once—but it’s definitely one of the most rewarding aspects at the end of the day, and it certainly makes the day go faster.” As the next generation enters the Firm, Joe is passing on the critical lessons young attorneys need to learn before they can succeed in today’s mercurial legal arena, and he’s helping set the stage for them to reap those rewarding benefits. One of the most important of those lessons may not be an easy one to learn for those who thrive in the i-Anything world of instant technology. “Think about how often you actually

pick up the phone and talk to someone. Not often, I bet. You’d rather send an email or a text message, unless it’s really important, right? Well, if the situation is important enough to call me for help, you better believe I’ll treat every aspect of that situation like it’s important. Which means, I’m not going to clutter your inbox—I’m going to pick up the phone. In fact, I pride myself on answering client phone calls within an hour of receiving them—because I know my clients appreciate that. The world moves so fast nowadays, people notice when you take the time to call, and make time for them no matter how busy your schedule is.” Our chat comes to an abrupt halt as Joe’s phone rings—a client has arrived at the office without an appointment. Of course, he doesn’t mind—someone needs his help. “This is important,” he says, his face becoming strangely serious as he hangs up the phone. And then he’s gone. While his client may have been unexpected, Joe’s response is not. Unbelievable, yes, but not unexpected. After all—Joseph A. Bellinghieri, Esq., CPA, LL.M. is an unlikely attorney—in fact, he doesn’t act like one at all. F 7

THE TEN BEST WAYS TO PROTECT YOUR FAMILY WITH INSURANCE CHOICES As an attorney who has practiced Personal Injury law for over twenty years, I have seen how an accident can devastate the families for both the injured victim and the person who made a mistake and caused the accident. During that time, I have learned that there are insurance choices that we can make in order to minimize the negative impact that accidents will have on our lives and the lives of our family members. The following are what I believe to be the ten best ways to protect your family with insurance choices...

1. HIGH CAR INSURANCE LIABILITY COVERAGE. Liability coverage protects you from legal claims for bodily injury and property damage if you cause a car accident. Your car insurance company must pay an attorney to defend you and must pay compensation for any injuries or property damage you caused up to the amount of coverage you purchase. In my opinion, you should have at least $50,000 of Property Damage coverage and at least $100,000 per person $300,000 per accident of Bodily Injury coverage. 2. HOMEOWNER’S INSURANCE. If you have a mortgage, your mortgage company will require you to have Homeowner’s coverage. However, even if you do not have a mortgage, you should have Homeowner’s coverage to protect you in the event that your house is damaged by fire or any other natural disaster. Homeowner’s policies also routinely provide Liability coverage to protect you if you cause an accident and injure someone. Check the limits of that Liability coverage to make sure that you have substantial coverage. 3. RENTAL INSURANCE. If you or a family member rent rather than owns a home, it is important to have Renter’s Insurance which will protect you in the event that you are a victim or theft or damage to your personal property. In addition, rental insurance policies often include Liability coverage that will protect you if you cause an accident and injure someone. 4. UMBRELLA POLICY. In addition to having high car insurance limits and a Homeowner’s and/or Renter’s policy that covers you for liability, you should also consider having an Umbrella Policy which essentially stacks additional Liability coverage on top of your other insurance. You would be surprised to learn how inexpensive it is to have a one million dollar Umbrella Policy, and having one will give you the peace of mind that even if you cause a serious accident, your personal assets will be protected by insurance. 5. FULL TORT NOT LIMITED TORT. When you purchase car insurance in Pennsylvania, you must choose Full Tort or Limited Tort. If you choose Limited Tort, you will save money on your car insurance, but your legal rights to compensation from another driver who injures you in a car accident are also limited. Full Tort costs more but protects your full legal rights after an accident. Don’t be sorry after a car accident. Choose Full Tort 6. UNINSURED AND UNDERINSURED COVERAGE WITH STACKING. Uninsured/Underinsured coverage protects you and your family from irresponsible drivers who either have no Liability insurance or not enough Liability insurance to cover the damage they cause in a car accident. If you or a family member are injured by an Uninsured or Underinsured driver, the Uninsured/Underinsured coverage that you purchase on your own car insurance policy compensates you without any penalty such as increased insurance rates or surcharges. Uninsured/Underinsured coverage is not mandatory in Pennsylvania, but it is critical to have in order to make sure that you and your family are protected in the event of

a serious accident. If you have a car insurance policy that protects multiple vehicles, you have the right to “stack” your Uninsured/ Underinsured coverage. “Stacking” multiplies your coverage limit by the number of vehicles. Stacking is not mandatory, but is relatively inexpensive and a good idea, since it increases the coverage available to you and your family. 7. HIGH FIRST-PARTY COVERAGE ON YOUR CAR INSURANCE. In Pennsylvania, your own car insurance pays your medical bills, lost wages, funeral and burial expenses and accidental death benefits regardless of who causes a car accident. The minimum amount of medical coverage that you must purchase in Pennsylvania is $5,000, but I suggest that you have much more because it will pay all of your medical bills after a car accident without copays or deductibles. Coverage for lost wages, funeral and burial expenses and accidental death benefits is not mandatory, but you should consider having such coverage on your car insurance because it is relatively inexpensive and will protect your family in the event of a serious injury or death. 8. HEALTH INSURANCE. With skyrocketing medical costs, it is critical for everyone to be covered by health insurance. Should an accident occur causing serious or catastrophic injuries, health insurance is often needed in order to cover the cost of expensive medical care. Without health insurance, a serious accident could bankrupt you and your family. 9. DISABILITY INSURANCE. For most people, their most valuable asset is their ability to earn a living. That being the case, it is important to consider purchasing Disability Insurance through your employer or the private insurance market. Disability Insurance will protect you in the event that you are disabled and unable to work due to an accident or other illness. 10. LIFE INSURANCE. Although no one wants to think about their own mortality, it is a simple fact that we are all going to leave this earth, and some of us will die long before our time due to an accident or sudden medical event. Having proper Life Insurance coverage ensures that our families will be protected financially even when we are gone. If you would like a free review of your car insurance or other insurance policies to make sure that you have appropriate coverage, please call or email Tim Rayne at 610-840-0124 or trayne@macelree.com and he will be happy to advise you free of charge. F Tim Rayne focuses his practice in Personal Injury Litigation, helping people who have been injured in accidents understand their legal rights and receive fair compensation from insurance companies. Tim has over 20 years of experience in negotiating settlements and trying cases in front of judges and juries. For more information, check out Tim’s website at www. timraynelaw.com or contact Tim at 610840-0124 or trayne@macelree.com. 9

FAMILY LAW

The Right Move T

he “new” relocation statute may not be so new anymore—it became effective on January 26, 2011. However, little headway has been made since that time in resolving the ambiguities it has created with regard to what qualifies as a relocation. The statute requires that the party proposing relocation shall notify every other individual who has custody rights to the child, by certified mail, of the address of the intended new residence, the names and ages of the individuals in the new residence, the home telephone number of the new residence, the name of the new school district and school, the date of the proposed relocation, the reasons for the proposed relocation, a proposal for a revised custody schedule and a counter-affidavit which can be used to object to the proposed relocation. 23 Pa.C.S. 5337. This notice provision applies to any proposed relocation. Relocation is defined in the statute as “a change in a residence of the child which significantly impairs the ability of a nonrelocating party to exercise custodial rights.” 23 Pa.C.S. 5322. In practice this broad, flexible standard can be difficult to apply. Consider the following scenarios: A father, until recently, has been estranged from his son for many years. Father finds out that Mother is thinking of moving from Pennsylvania to Indiana, a plane ride away. Father files for custody and is given the chance to participate in reunification therapy with the potential for supervised visitation if the therapy goes well. Is Mother’s move now a significant impairment of Father’s custodial rights? Does Mother need to serve Father with a notice of proposed relocation? A mother historically has custody of her daughters every other weekend, alternate holidays and two weeks in the summer. In the past year, Mother is successful in modifying custody to include an overnight during the week with her daughters in

addition to her every other weekend. Father seeks to relocate from Pennsylvania to Maryland. Father’s new residence will be two hours away and will make the weekday overnight impracticable for the girls during the school year. Father proposes a new custody schedule that makes up the number of missed weekly overnights during the daughters’ summer break. Does this move significantly impair Mother’s custodial rights? Father has equally shared physical custody of the children and lives around the corner from the former marital residence where the children reside with Mother. The children can walk from Mother’s house to Father’s house. Father moves across state lines from Pennsylvania to Delaware. Father’s new residence is approximately 45 minutes by car from Mother’s residence. Does this move qualify as a relocation? One could argue that the prudent path in all of these cases is to serve the notice of proposed relocation as required by the statute in case the move is deemed to qualify as a relocation by the court. If the nonrelocating party files an objection to the proposed relocation, however, the parties are now potentially locked into litigating a costly relocation trial in a case where it is arguable whether there is, in fact, a significant impairment of the nonrelocating party’s custodial rights. However, if the court decides that these cases do significantly impair the nonrelocating party’s custodial rights, the relocating party risks being denied the opportunity to relocate for improper

notice. In C.M.K. v. K.E.M., the Superior Court of Pennsylvania held that filing a notice of proposed relocation is not a tacit concession that a proposed move involves “relocation” within the meaning of section 5322(a). 45 A.3d 417, 2012 Pa. Super 76 (2012). In the scenarios delineated above, and in any factual scenario where there could arguably be a significant impairment of custodial rights, by virtue of distance or the historical involvement of the nonrelocating party, it is best practice to give notice to the other party as required by the relocation statute. F

Jaime L. Jano is a member of MacElree Harvey’s Family Law Group. She represents individuals and entities in a variety of domestic relations, civil and commercial litigation disputes, focusing in divorce, support and custody litigation and practices in Chester, Montgomery, Delaware, Philadelphia and Bucks County Courts of Common Pleas. Jaime also counsels clients and negotiates agreements with respect to domestic relations issues. Reach her at 610-840-0203 or jjano@macelree.com

ENVIRONMENTAL LAW

There’s a Better Option Sunoco’s Mariner East 2 Pipeline is coming to the Area

and agents from Percheron LLC are swarming the area asking landowners to sign permanent and temporary easement agreements for sums of money that are often far below the value of the rights surrendered. It is important that you be fairly compensated, and enter into a fair agreement with Sunoco Logistics. Gas extracted from the Marcellus and Utica Shale regions need many more miles of pipelines to get to underserved markets. Last winter the demand for propane in Pennsylvania alone exceeded supply. The Mariner East 2 project will involve constructing a new pipeline of up to 24” diameter, mostly in or along state and local roads, but also across many private properties. Sunoco Logistics is planning to have Mariner 2 operational in the fourth quarter of 2016. To achieve that goal, construction must start and finish next year. This may explain the sense of urgency to sign that the land agents attempt to impart on landowners. The offers of compensation are usually based upon a calculation of the square footage of the easement area to be conveyed as a percentage of the assessed value of the land affected by the pipeline. This is usually a very low value as compared to the actual impact on the value of the affected parcel of land. Assessed values are often lower than the fair market values of properties in this area. Then there are other factors such as loss of mature trees or hedges and the potential loss of the ability to expand structures on the lot. In the case of a business, interruption of the business caused by road closures and detours can wreak havoc on day-to-day operations, attracting and retaining customers and so much more. Afterwards, it may take months, if not years, to rebuild business lost by the pipeline construction. The Easement Agreement itself certainly favors Sunoco Logistics. It is their document. Some key revisions can make the taking of the land by Sunoco more palatable to landowners, and may be tailored to meet the specific needs of particular landowners and the unique qualities of each property. Please keep in mind that if you do not negotiate with Sunoco before it files an eminent domain proceeding in federal court, you may lose the opportunity to secure more favorable terms in the Easement Agreement, and a more fair compensation for the property rights that are being taken from you. MacElree Harvey’s land use attorneys have experience in dealing with many different pipeline companies and are ready and willing to help you. F

512,784

NUMBER OF RESIDENTS POTENTIALLY AFFECTED

239,228

NUMBER OF BUSINESSES POTENTIALLY AFFECTED

195,644

NUMBER OF HOMES POTENTIALLY AFFECTED

MacElree Harvey’s Land Use Department handles a wide array of land use, zoning and environmental-related work for builders, developers, land owners and residents. Our team is seasoned, having experience in virtually every township in Chester County as well as many in Montgomery and Delaware Counties. They have handled matters with state and federal regulators and have worked with regulatory agencies. Reach them by phone, 610-840-0205 or email at bnagle@macelree.com

MacElree Harvey, Ltd. Attorneys at Law 17 West Miner Street West Chester, PA 19382

An abundance of agriculture... THE #1 INDUSTRY IN CHESTER COUNTY IS AGRICULTURE. There are 1,735 farms in Chester Countyâ&#x20AC;&#x201D;90% of which are family owned and operated today. Almost 60,000 acres have been preserved by farmers and protected for our future generations. Which makes sense... Since Chester County has the 2nd highest farming revenue in all of Pennsylvania, totaling nearly $550 million!

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