CGA Law News & Blog

Divorce is often accompanied by emotional and financial turmoil, with disputes over debt being a common source of contention between spouses. However, in certain situations, filing for bankruptcy can alleviate the burden of debt-related conflicts and make the divorce process less contested and easier. This article explores how bankruptcy can simplify divorce cases by removing the need to fight over debt. 1. Debt Discharge: Filing for bankruptcy allows individuals to discharge or eliminate certain types of debt, depending on the bankruptcy chapter chosen (such as Chapter 7 or Chapter 13). Discharging debts can significantly impact a divorce case by eliminating… read more »

CGA Law Firm is pleased to announce that Attorney Thomas O’Shea received the MidPenn Donald F. Smith, Jr., Pro Bono Award during the MidPenn Legal Services Access to Justice Reception. “Tom was chosen for this award, given his many years of support for MidPenn by serving on the Board in various positions and accepting cases as a pro bono volunteer, primarily in the Family law area, which are often some of the most difficult cases to place with volunteer attorneys,” Rhodia D. Thomas, executive director of MidPenn Legal Services, said.  O’Shea has written and directed Bar Stools, a local comedic production with… read more »

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 »