Summertime Co-parenting Tips

by Elizabeth Billies

Summer is almost here; can you believe it? What should be a fun, carefree time for kids can be sad, stressful and full of anxiety for divorced or separated couples and their children. Navigating the summertime as a divorced couple can present unique challenges, especially when co-parenting with an ex and managing various schedules of separate households. But do not fear! Here are five tips to help you sail smoothly into this summer season:

1. Plan ahead and prepare to be flexible. If you have a custody order or written agreement, use it to work with your co-parent to create a summer schedule that reflects your regular schedule during these summer months. After you have mapped that out, discuss and agree on dates, times, and any potential modifications well ahead of time to avoid conflicts and confusion. Recognize that summer schedules need to be more fluid due to vacations, family events, or other commitments. Be willing to adjust the schedule to accommodate each other's requests within reason. Think ahead when deciding to say yes or no to a change. Remember, saying no to something your co-parent wants may result in them denying your special request at some point. Flexibility and cooperation go a long way in reducing conflicts and promoting a healthy co-parenting dynamic.

2. Prioritize the children's well-being and communicate effectively. Open and effective communication between divorced parents is important all year long, but it's crucial during the summer. Keeping each other informed about any changes in plans, travel arrangements, or activities is vital. An easy way to do this is to use a shared calendar or a co-parenting app such as Our Family Wizard, AppClose or Talking Parents. These communication methods help ensure that you and your co-parent are on the same page and provide a record in case of a disagreement or miscommunication. Focus on what is best for the children and prioritize their needs. Consider their preferences and interests when planning activities, camps, or vacations and/or saying no to something your co-parent requests. Doing this will ensure that you create positive experiences and memories for them during their summer break.

3. Collaboration and consistency are essential. Collaborate on sharing the responsibilities and expenses associated with summer activities. Discuss how costs for summer camps or extracurricular activities will be divided if this is not contemplated in your child support order. Maintaining fairness and transparency can help avoid disagreements. And while summer often brings a more relaxed schedule, try to keep some consistency in the children's routines. Consistent bedtimes, mealtimes, and household rules can provide children with stability and a sense of security.

4. Be supportive, and remember to take care of yourself too. Encourage the children to spend quality time with both parents. Support their relationship with the other parent and avoid making negative comments or using the children as messengers between households. Healthy co-parenting also means taking care of yourself. Self-care is vital for both parents during the summer. Make time for relaxation, pursue personal interests, and recharge yourself. Taking care of your own well-being will allow you to be more present and attentive to your children's needs.

5. Seek professional help if needed. If co-parenting conflicts become overwhelming or you need assistance navigating the summer as divorced parents, consider seeking the guidance of a family law attorney, mediator or therapist. These child custody experts can help facilitate communication and provide strategies for effective co-parenting.

Remember, the ultimate goal is to create a positive and nurturing environment for your children, even in the midst of a divorce. By following these tips and prioritizing the well-being of your children, you can make the summer season a rewarding and enjoyable time for everyone involved.

If you have co-parenting or family law questions, don't hesitate to reach out to a member of our family law team or contact the office directly at 215.362.2474.

Establishing a Business Entity

By Eric Wert

If you are considering starting a new business, you may be unsure about whether it is worth the effort to take the formal step to create a separate business entity.  Maybe you work as an independent contractor or consultant, or maybe you do part-time freelance work as a side-hustle and want to make sure that you protect yourself.  Even if you are convinced that you should have a separate entity, what type of entity you should choose – a Limited Liability Company or a corporation?

Whatever your situation, deciding to set up a formal business entity may not just be a good idea; it may be the best business decision you ever make.

When you incorporate a business, you are setting it up to operate as a separate entity with legal rights and protections recognized by the state. While businesses aren't legally required to set up a business entity, doing so may have numerous benefits.

Benefit #1 — Liability Protection

Generally, individuals choose to incorporate to limit their personal liability. Even if you're the only employee, incorporation creates a legal wall between your personal and business assets.

When you are operating as a sole proprietorship or partnership, there is no legal separation between the business and the owner.  In those situations, the owners are the business and they are personally responsible for signing any contracts, taking out any loans, and defending any lawsuits. By setting up a separate business entity and managing it properly, your legal exposure may be limited to just your investment into the business itself.

Benefit #2 — Tax Benefit

It is possible you will achieve greater tax benefits and savings by incorporating, although it isn't a guarantee.  In some cases, corporate tax rates are lower than individual tax rates.  In addition, entities often qualify for additional tax benefits and deductions that are not available to individuals.

Benefit #3 — Reputation

Having an incorporated business may add to your credibility. Incorporating or forming an LLC makes it clear to your clients that any work you do for them is being done as a business and is being done professionally. 

Benefit #4 — Funding

Acquiring loans or seeking out investors as a sole proprietor can be a significant challenge. While you may be able to get a loan, it will be a personal loan, not a business one, and it will be your personal credit on the line.

In addition, business entities have more options to provide security to protect investors’ funds than a sole proprietor.  Venture capitalists and other investors often prefer to work with corporations which have the ability to issue various classes of stock to allow them to secure their investment.

Benefit #5 -- Privacy

When you incorporate or form an LLC, you’re creating the ability to have a layer of privacy between the public and your personal life.  You can take action to set up that entity so that it is only the business’s information that is made public rather than your personal information.

Do I choose to create a corporation or an LLC?

Traditionally, entrepreneurs who wanted to avail themselves of the protection of a separate business entity only had one option - a corporation.  Over recent decades, however, states have passed laws to allow businesses to form as Limited Liability Companies (LLCs) instead.

An LLC is a hybrid type of business entity that combines the best parts of corporate protection with the ability to maintain the tax efficiency of a sole proprietorship or partnership.  It is often the best choice for small businesses.  This choice ultimately comes down to many factors specific to your situation.

Do I need an attorney to help formalize my business entity?

While you can set up an LLC or incorporate on your own, the complexity of certain business entities may require the assistance of an attorney.  When you make a decision to incorporate, you can do it yourself without hiring an attorney. But that isn't always the ideal decision. 

As a business owner, deciding which corporate structure fits your needs is important. You can choose to create an LLC as discussed above, or there may be a reason a corporation is best.  In addition, there are different types of corporations (S Corporations vs. traditional C Corporations) that each have benefits depending on your situation.

An attorney can guide you through the process to make the right choice for you.  In addition, the attorney will teach you the ins and outs of how your company will need to operate once incorporated and file the necessary documents. Most importantly, working with a lawyer will ensure that the incorporation documents properly shield you from liability for your business's debts.

Think long-term to set your business up for success.

While incorporating or forming an LLC may not seem to be a big priority when your business is just getting started, it may save you if the business ever gets into trouble. There are costs associated with setting up your business entity, and the tax benefits only apply to some situations, but it is vital that you explore your choices to make the best decision for your business. Be sure to talk to an attorney to review what makes sense for your business.

If you have questions or need assistance with your business, Dischell Bartle Dooley can help. Call us at 215.362.2474.

Surviving the Holidays as a Divorced Parent

By Elizabeth Billies

The holiday season is officially here. How do you celebrate? Do you fight over the wishbone on Thanksgiving? Do you cook tasty potato latkes for Hanukkah or make cookies for Christmas? Are you worried that those holiday traditions will change because you and your co-parent are getting divorced?

Divorce is a time of change and transition. If you are going through the process, you are living it. It is not only a time of upheaval for you but also for your kids. What is something that is consistent? Holidays! Like them or not, they come every year. And at the same time too!

The desire for normalcy is one reason why parents fight so hard for extra time with their children during holidays and other special occasions. People want to keep whatever part of their pre-divorce life that was good. For some, that is the memories they have made with their children during the holidays.

However, there are ways to survive the holidays as a divorced or separated parent, and no, I’m not talking about how to avoid the dreaded candied yams or fruitcake.

Here are my 5 tips for making it through the holidays as a divorced parent:

1. DON’T MAKE THE HOLIDAYS ABOUT YOURSELF.

Frankly, the holidays are about your kids. Not you. Make sure when you are making plans or, more importantly, denying the plans of the other parent that you keep this in mind.

While it is important that you get to spend time with your children during the holidays, try to arrange it so the children get to participate in an activity that they will enjoy, such as watching the Thanksgiving Day Parade with their grandparents over breakfast, while still seeing you for the afternoon. 

Don’t get blinded by your hatred for the other parent and hurt your children in the process. That is not a lasting memory you want them to have.

2. KEEP THE TRADITIONS OF YOUR PRE-DIVORCE HOLIDAYS ALIVE.

Frankly, I don’t think parties consider family traditions enough when preparing custody arrangements for holidays. It’s almost as if the separation has caused amnesia, and mom can’t remember that the children have spent every Easter hunting for eggs in father’s aunt’s backyard. So while it is important for the children to see both parents on major holidays, it is also important for those children to continue to experience family holiday traditions.

Remember, the children did not ask for this divorce, nor didn’t ask for their whole world to change. Why should they suffer because their parents don’t want to be together anymore? Instead, wouldn’t it be better to keep some parts of their lives as consistent as possible, especially when so many parts are in transition?

Therefore, any custody agreement should take these traditions into account. For example, maybe dad can have the children every Easter for the egg-hunting extravaganza, but mom could take them out to breakfast beforehand. That could be a win-win. And who doesn’t like winning?

3. BE WILLING TO START NEW TRADITIONS FOR YOUR POST-DIVORCE HOLIDAYS.

While you and your co-parent need to keep some consistency in your children’s lives after separation, you must also recognize that this is not 100% possible. You and the other parent live in separate homes, perhaps with step-parents and step-siblings. As much as you try, there is no way to make life the same post-divorce as it was pre-divorce.

And you know what? That’s okay. Kids are pretty resilient. So while it is beneficial for them to keep some traditions of pre-divorce holidays alive, it is okay to start new ones. Intact families do that all the time too!

When preparing a custody arrangement, think about what holiday traditions matter to your kids and you the most. For example, is having Pork and Sauerkraut on New Year’s Day at Grandma’s house the highlight of the year for your co-parent’s family? Is your family wild about an Easter Sunday egg hunt? If so, make sure that your custody agreement accommodates these holiday traditions.

Then, when it is your time to see the kids on your part of the holiday, you can make a new tradition. For example, maybe accommodating your co-parent’s Thanksgiving custodial time results in you not seeing your kids until Friday. Why not have dinner, then? Or perhaps you can start a Black Friday tradition of shopping and brunch?

While it is important to preserve family holiday traditions, you can’t be married to the past when you are, you know, no longer married. This way, the children see both parents and experience something memorable with both of them—something old, something new.

4. BE FLEXIBLE AND COMMUNICATE WITH YOUR CO-PARENT ABOUT THE HOLIDAYS.

No, I’m not talking about taking up yoga (although that might not be a bad idea!). The holiday season can be a time of fun, but it also can be a time of stress. Chances are, you are dealing with other family members’ schedules, school parties, and other non-routine obligations. Oh, Aunt Sue is serving Thanksgiving dinner at 4:00 p.m. instead of noon this year? The school party gets moved to Tuesday? Sound familiar?

These changes mean that your custody schedule may need some tweaking. Unfortunately, your custody agreement cannot address all these changes. It just can’t. Therefore, you and your co-parent must talk to one another and be flexible.

However, one of the most often cited reasons for divorce is communication problems. Therefore, it is likely that you and the other parent have a hard time speaking to one another in a productive manner. Does this apply to you? While you may wish to never talk to him/her again, that is not possible if you have children.

So how can you best communicate with your co-parent about these changes?

While texting is quick and easy, I find it leads to many unnecessarily acrimonious communication. It’s so easy to send off an angry text to your co-parent when they are late or haven’t packed your kid’s soccer gear. If you had to use a method of communication that took more thought, would you still send that text? Probably not.

Therefore, if you and your co-parent have difficulty communicating effectively, I highly suggest you look into using co-parenting software to help facilitate communication. This is particularly helpful if your co-parent’s mode of response is, well, no response at all. These programs also make you think about what you are saying to your co-parent because they require a few more steps than a text.

There are a few co-parenting apps on the market. However, I recommend the Talking Parents App and Our Family Wizard (OFW). Check them both out and see what works best for you. OFW does a few things. It allows parties to email, exchange documents, and share a calendar through a secure site that requires a login. It will even review your emails before you send them to highlight foul or aggressive language. Gmail doesn’t do that, does it?

Regardless of which method of communication works for you, use it. However, don’t use your children as messengers. It is unfair to your kid to be treated like the postal service. It only causes anxiety for them. Instead, agree upon the best way to communicate directly with the other parent and use it when schedule changes during the holidays arise.

5. RECOGNIZE THAT YOUR CHILDREN WILL SPEND PART OF THE HOLIDAYS AWAY FROM YOU AND BE OKAY WITH IT.

The cold hard fact of a divorce or separation is that you will not be able to be with your children 100% of the time. And because cutting your children in half is illegal, this fact is not going to change. This is particularly hard for parents to accept when it comes to holidays. Some of my clients can’t fathom not waking up with the children on Christmas morning or only seeing them in their costumes every other Halloween. However, this is a reality of divorce and separation. And it would be best if you learned how to be okay with that.

Some examples of how to deal with your emotions during the holidays

• Share updates and pictures from the holidays with your co-parent;

• Maximize your time with the children surrounding the holidays. For example, have them try on their Halloween costumes for you or reenact Christmas morning on December 26th;

• Don’t sit home alone and wallow. Just because you don’t have your kids doesn’t mean that you shouldn’t go to Aunt Becky’s house for Christmas dinner yourself;

• Practice some self-care. You can’t pour from an empty cup, and

• Think about how much fun your children are having. Remember, this is about them and not you. Knowing they are experiencing joy may make it easier for you to sacrifice holiday time with them.

I hope these tips are helpful this holiday season. If you have a question about divorce, child custody or child support, don't hesitate to contact me at 215.362.2474. Or send me an email.

When is a Release from Liability, not a Release?

By Eric Wert

It’s a situation everybody has been in – we are excited to participate in a local race, activity, or fundraiser, but when we show up to register for the event, we are told that we are required to sign a document releasing the property owner and event organizer from any liability for injuries we suffer during the event.

These types of releases are sometimes legally effective. However, Pennsylvania courts often view them with scrutiny. For example, in Degliomini v. ESM Productions, Inc. and City of Philadelphia, 253 A.3d 226 (Pa. June 22, 2021), the Pennsylvania Supreme Court decided that in one situation, this type of release was against public policy and therefore invalid.

In this case, Degliomini, the plaintiff, was participating in a Philadelphia charity bike ride when he rode into an unmarked and unbarricaded portion of public road where there was an unrepaired sinkhole. He sustained severe and extensive injuries in the accident, including severe spinal cord injuries and broken bones.

Degliomini filed suit against the City of Philadelphia, amongst other defendants, for negligence. The City sought to dismiss Degliomini’s claims arguing that it had governmental immunity under the Pennsylvania Political Subdivision Tort Claims Act and because Degliomini had signed a Liability Release before the event.

Generally, the Tort Claims Act shields municipalities (like Philadelphia or your local Township or Borough) from tort liability. However, the Act provides certain exceptions to this immunity. The Tort Claims Act provides that a municipality would be liable for damages for an injury where the municipality is negligent in creating “dangerous condition of streets owned by the local agency” when the condition created a “reasonably foreseeable risk” of the kind of injury suffered, and when “the local agency had actual notice or could reasonably be charged with notice under the circumstances.” 42 Pa.C.S.A. § 8542.

In essence, the state legislature decided that there is a well-defined public interest in maintaining and safely repairing dangerous conditions existing on government-owned streets for which the Tort Claims Act will not protect.

BUT WHAT ABOUT THE RELEASE FROM LIABILITY?

The Degliomini Court found that the maintenance and repair of streets is an “essential public function”, and both the common law and home rule charter of the City of Philadelphia imposed an affirmative, non-waivable duty on the City to perform this function.

Therefore, the Court found that the Liability Release was invalid and concluded that enforcing the release to immunize the City would jeopardize the health, safety, and welfare of the people by removing any incentive for the City to exercise minimal standards of care to maintain public streets in reasonably safe conditions.

If you have been injured or suffered damages after signing an agreement to waive or release your rights, don’t assume that the agreement is valid and carries the force of law. The law often contains provisions to protect individuals in these situations despite the agreement signed.

Please contact me at (215) 362-2474 if you have any questions. I look forward to talking with you.

Who pays for the kids' after-school activities?

By Elizabeth Billies

Another school year is underway, so childcare, tuition, and after-school expenses have returned as well. Do your children participate in after-school activities such as music lessons or sports? Do those activities cost money? If so, you may ask, who pays for those expenses if you are separated? Are they part of the basic child support order? In other words, how can I get my co-parent to chip in for these expenses?

It is no secret that children are expensive. And we are not just talking about feeding and clothing them. Luckily, in addition to determining basic support, the support court can (and will) also allocate additional child expenses between the parents. Examples of those additional expenses include:

• Childcare costs

• Health insurance premiums

• Unreimbursed medical expenses

• Summer camp expenses

• Private school expenses

• After-school activities

What are after-school activities? 

Examples of after-school activities include equestrian activities, music lessons, dance lessons, community sports leagues, travel sports, boy/girl scouts, after-school clubs and racquet/swim club memberships. Really, anything that your child regularly participates in that is outside of school. It does not include vacations, trips to amusement parks, movie tickets, or video games.

What are the expenses for after-school activities? 

Now that we know what an after-school activity is, what are the expenses for after-school activities? Well, this is where it gets a little murkier. Registration fees, tournament fees, lesson fees and membership dues are after-school expenses. In addition, any equipment or uniforms needed are also considered an expense.

And what is not (well, maybe not)?

Other costs such as transporting the child to the activity, meals out, snacks for the team, and hotel rooms for weekend tournaments are grey areas. If you are looking for your co-parent to contribute to those types of expenses for these after-school activities, you need to show both: (1) how they are benefiting the child directly; and (2) that they were required in order for the child to participate in the activity. In general, any costs associated with you attending these events (including gas, hotel rooms, and meals) are not going to be included. 

If possible, discuss these costs and how you will handle them with your co-parent before incurring the expense. Also, be reasonable. Your co-parent is not going to contribute to the cost of chips from the snack bar during your child's swim meet. Don't ask.  

What do I need to do to prove these expenses? 

With all these expenses, remember to provide your attorney (or the court if you are representing yourself) evidence of the actual costs to be incurred. The court will want to see documentation of the actual expenses before they are going to order your co-parent to share in them. So how do you do that? Bring both the registration/invoice documents and proof of payment. It's usually not enough to show what the cost could be. You need to show what the actual price will be for your child.  

How will the court decide if a school or after-school expense should be shared?

The court will generally allocate childcare, private school and extra-curricular expenses if there is a need for the expense and the expense is reasonable given the parent's circumstances, both financial and otherwise. If the court finds the expense appropriate, the cost will be divided proportionately to the parties' respective incomes.

How can co-parents allocate these expenses? 

There are a few ways for co-parents to share in these costs. If the total expense is already known, then the payor's (person paying support) share can be included in the support order as part of the total monthly support obligation. Another option is for the court to order the payor to pay their portion of the expense directly to the school, childcare provider or vendor when the expense is incurred. Direct payment is often a good idea if the cost fluctuates monthly or yearly. However, check with your provider that they are willing and, more importantly, able to take two sources of payment each billing period. Some providers require that payment only be made from one source/payment. If that is the case, the payor should make her payment to the other parent, who would then be responsible for satisfying the cost in full with the provider. If you select this option, please keep records of what you have paid/received, so there is no confusion (or allegations of non-payment) later. 

What if these expenses are not incurred year-round? 

Although some school and after-school expenses are only incurred during part of the year (think of a baseball or soccer season), the court will generally divide the total amount over twelve months so that the monthly support order remains consistent. Again, if you opt for payment outside of the support order, then payment can be made when the expense is incurred. 

What if you and your co-parent disagree about the school, childcare or after-school expenses?

Deciding where your children will go to school or what activities they participate in can be both a child custody and child support issue. If the parties disagree for reasons other than the expense, they will have to resolve that dispute in custody court. The court will generally examine whether the objection against the expense is reasonable.

If the issue is only cost, the court will determine whether the cost is appropriate given the parties' finances. This argument is often made when discussing private school tuition or certain childcare options such as an au pair. For example, what if one parent wants to send their child to a private school that costs more than half of what the parties collectively earn in a year? In that situation, the court is not going to order that the parties share in that expense. Alternatively, if the parties have the money and have sent their children to private school for many years, the court will find the cost reasonable and order it to be allocated commensurate with their incomes. 

What should you do if you strongly want your child to participate in an after-school activity, but your co-parent is objecting, and you don't want to go to court? 

Sometimes an after-school expense is not financially worth going to court to fight over. Or, perhaps you are tired of the legal system and would prefer to resolve it outside of the legal process. What can you do then? One option is to offer a different payment split other than 50/50 or a percentage consistent with your income. Another option is to offer to pay for one activity while your co-parent pays for another, less expensive one. While you may not be ordered to pay that larger share if you win in court, you must consider the legal fees you will spend to get your co-parent to contribute. 

What if you are the parent that does not agree with the activity or school selection? 

Remember, your reasoning must be reasonable. I know, there's that word again. But in all seriousness, this is the court's standard. The objection will not be successful if you do not have a good reason. Therefore, it may be better to save your disagreement (and legal fees) for another support or custody issue.  

Also, remember that in child custody and support issues, there are going to be times that you will need your co-parent to agree to something that you want. Perhaps banking some goodwill with them is worth the after-school activity or school tuition cost. Above all, remember that reasonableness is the name of the game when it comes to saving money and your sanity during the divorce process. 

Need some help with a child custody or child support issue involving after-school or school expenses? The family law attorneys at DBD can help!

The Importance of Corporate Check-Ups for New Entrepreneurs

By Celso Lucas Leite, Jr.

I love to work with entrepreneurs. It is impressive to watch an idea turn into a conversation, a business pitch, and finally, a fully-fledged enterprise. One of my favorite things about being an attorney is that occasionally I get to be a part of that process.

Many successful entrepreneurs instinctively understand the importance of limited liability. Doing business through an entity is critical. Corporations and limited liability companies (LLCs) are the most common examples of the entities that new entrepreneurs gravitate toward when they start a business.

PIERCING THE CORPORATE VEIL

But a business entity should not be created and then forgotten. A business entity needs a regular check-up, just like you do.

Entrepreneurs are typically focused on growing a business, and rightly so. Product development and new services generate revenue and growth; corporate minute books and board resolutions do not. But the latter are still important.

“Piercing the corporate veil” is a term that courts use to disregard a business entity. This designation allows the courts to attach personal liability to the owner or owners of a business entity. It can happen to a corporation or an LLC. It is rare, but it does happen. It’s a doomsday scenario that can result in a business owner facing unlimited liability from a litigant.

The laws on business entities vary from state to state (and this is not an exhaustive list), but here are two points that you should keep an eye on to avoid a scenario in which a court would pierce the corporate veil of your entity.

BUSINESS ENTITY AS A SEPARATE FINANCIAL CONCERN

It should go without saying that your new business needs a bank account in the business entity’s name. I know going to a bank to open an account is only marginally more pleasant than having a phone call with your attorney or paying your taxes. But it needs to happen.

If you take the time to create a corporation or an LLC, you should take the time to avoid co-mingling your business funds with your personal funds in a single bank account. Concerns about “piercing the corporate veil” aside, in a typical scenario with limited personal liability, you want to be able to draw a clear line between what you own personally and what your company owns.

In that vein, if you have a new business, the odds are that you will need financing at some point. So, if you want a loan from a bank or if you want to sell an equity stake to an angel investor or a venture capitalist, you need to have separate accounts and pristine bookkeeping.

No venture capitalist will buy a stake in your company if it is unclear whether the investment will pay for a new product line or your personal trip to the Bahamas.

OBSERVING CORPORATE FORMALITIES 

The type of “corporate formalities” you will observe will depend on the type of entity that you have chosen to form. Generally, an LLC will have fewer formal requirements than a traditional corporation.

But regardless of your situation, it is important to go through the exercise. For example, if you have a corporation, you should appoint an officer (perhaps a president) to act on behalf of your corporation. The officer should be appointed according to the governing documents of the corporation.

But what if, for example, you are the only shareholder in your corporation? Do you hold a shareholder meeting with yourself where you elect yourself to the corporation’s board? And then, later that day, as the only board member, do you hold a board meeting with yourself to appoint yourself president of the corporation? Isn’t that a little ridiculous?

Yes, it is a little ridiculous. But remember, the goal is to be able to stand in front of a court and explain to a judge why a piece of paper that says “corporation” should stop someone who slipped outside your office from taking your house, your car, and junior’s college fund.

That means you need to observe the formalities. Even in a single-member LLC, it may be beneficial to adopt resolutions to approve major milestones (e.g., a new office lease or a contract with a new customer).

As an added benefit, when your new business grows into a fully-fledged enterprise with multiple investors, employees, etc., it will be easier to manage your business if you already understand how the formalities work. They exist for a reason. Eventually, you won’t be able to do everything, and you will need to sign resolutions to direct your employees and corporate officers to act on your business’s behalf.

Preferably, you will do this from a beach somewhere.

NEED HELP?

Remember, if you ignore your business entity, courts will be more likely to do the same. Each business entity is different. I mentioned corporations and LLCs, but there are also limited partnerships, and limited liability partnerships.

Even corporations can be broken into categories. For example, do you have a C-corporation or an S-corporation? Do you have a “professional” or a “nonprofessional” corporation?

Each state will have different business entities and different requirements. But if you need a hand in navigating your entity check-up, help is just a phone call away. Please reach out to a member of our business law team or contact the office directly at 215.362.2474.

The content provided in this article is for informational purposes and should not be relied on as legal advice. If you have questions on the topics discussed herein, you should consult an attorney. This article should not be construed as creating an attorney-client relationship.

The author disclaims any responsibility for any particular matter that affects your specific situation. Moreover, the content in this article may be dated or non-comprehensive, and the author is under no obligation to update the information included herein.

Copyright © 2022, by Celso Lucas Leite, Jr. All rights reserved. This article or parts of it may not be reproduced in any form without permission in writing from the author, except that a reviewer may quote brief passages in a review.

Preparing for Home Improvement

By Eric Wert

Are you thinking about installing a pool, adding a shed, deck or a privacy fence — or perhaps something bigger? As a property owner, you know there is never a shortage of projects to improve your home and make it your own. However, prior to making a significant deposit with your contractor or hiring an architect, it is important to make sure that you have the right to make the improvements under your municipality’s Zoning Ordinance.

Almost every municipality in our area has adopted their own version of a Zoning Ordinance. These are regulations adopted by your borough, township, or city government which govern the use of land and what can be built on it.

For example, your local Zoning Ordinance will create different classes of Zoning Districts which determine where the residential homes can be built and where industrial uses should be located. Your municipality will have a Zoning Map to provide a visual representation of all of the different Zoning Districts in your hometown and written regulations specific to each District.

These tools help your municipal officials to ensure that a high impact industrial use doesn’t ruin the tranquility of a neighborhood. They also help the municipality designate your town’s downtown shopping area as compared to the district with professional offices.

If you have a project in mind, are looking to purchase a new property, or are just curious what regulations apply, it is always a good idea to become familiar with your Township’s Zoning Ordinance – especially as they relate to your specific property to have a good sense of what you can do and what you can’t do.

Most municipalities make their entire code accessible on their website – including the Zoning Code and Zoning Map. If you’re just starting out, it is usually best to take a look at the Zoning Map first so that you know which district your property is in and therefore can better determine which regulations apply.

It is important to note that these regulations go beyond simply regulating the use of the property. The Zoning Ordinance will also provide dimensional requirements for improvements to your property. For example, how tall can your proposed privacy fence be? What is the maximum percentage of your lot that can be covered with impervious surfaces (that is, surfaces that don’t allow water to seep into the ground, like pavement, house roofs, concrete, etc.)? How far must your shed be set back from your neighbor’s property line?

Now if your project doesn’t fall neatly within the regulations that apply to your District and Use, it doesn’t mean that there is no hope.

Pennsylvania Law and your Municipal Ordinance also provide methods by which property owners can seek permission to deviate from the strict requirements of the local regulations. This process may require an application for zoning relief - either a “variance” or a “special exception” from your local Zoning Hearing Board (ZHB), or an application for a “conditional use” from the municipal board itself. These applications require a hearing before the appropriate board to allow for the presentation of evidence as to why your project is appropriate for your property and the rest of the neighborhood.

These hearings are governed by Pennsylvania law, and should be taken seriously. With that said, we do everything we can to make the process as friendly as possible with the municipality and ZHB. We also do our best to resolve any possible problems long before the day of the hearing itself.

If you have an idea for a project, I would love to be able to speak with you about it and help you navigate what regulations apply.

Sometimes, after hearing about your ideas, I am able to present them to the local zoning officer in a way that avoids the need for an application to the ZHB or municipality at all. If not, I will be sure to gather the information and evidence necessary to make a presentation at the hearing that will put you in the best chance for success.

At Dischell Bartle Dooley, we represent land owners and developers, both big and small, as they seek to use and develop their properties in the way that they want. We work hard to establish good relationships with all local municipalities and municipal officials so that we can make the process as smooth as possible.

Please feel free to email or call me at (215) 362-2474 to discuss how I can help you make your property its best. I look forward to talking with you.

Navigating Summer Camp Plans with Your Co-Parent

By Inna Materese

Spring has officially sprung, which means the school year is winding down. Thoughts of the hot summer months — and summer camp — have probably crept into view, along with questions about payment arrangements for co-parents.

Support orders typically provide for basic child support based on statewide guidelines, as well as the division of unreimbursed medical expenses. However, when it comes to activities, such as summer camp, parents typically must agree upon the expense before it can be reimbursed through domestic relations and their support orders. The court can also allocate additional support expenses and include them as part of your support order if agreed upon. Examples of those other expenses are:

• Childcare costs

• Health insurance premiums

• Unreimbursed medical expenses

• Summer camp expenses

• Private school expenses

• After-school activities

With any of these expenses, remember to provide your attorney with written documentation of the actual costs and proof of payment. The court wants to see documentation of the actual costs before they will order your co-parent to contribute. This will also help to show that the proposed expenditure is reasonable given you and your co-parent's incomes.

Summer Camp Expenses

The court will allocate summer camp expenses if there is a need for the expense, and the expense is reasonable given the circumstances, both financial and otherwise. Generally, the cost division will be proportional to the parties' respective incomes.

More often than not, it is preferable for the parties to pay their respective shares of the summer camp expense directly to the provider. However, suppose there are concerns about timely payment or the ability of one parent to pay the cost in real-time. In that case, parents can creatively resolve the issue by agreeing that one will advance the expense and the other reimburse after. The party incurring the expense must provide documentation of the actual expense and request reimbursement from the other parent.

What if you and your co-parent disagree about summer camp?

In the best-case scenario, parents agree on both the selected summer camp and the expense sharing. However, parents do disagree with respect to summer arrangements. For example, consider a family where one parent resides approximately an hour from the other. Or parents who alter their summer custodial arrangement from their school time custodial arrangement. Under various factual circumstances, each parent may want to choose their own summer care arrangements without being required to contribute to the plans made by their co-parent.

The selection of summer camp and financial obligations towards the same, when a disagreement regarding camp arises, is both a legal custody and a child support issue. If you and your co-parent disagree on which camp to send your children to for reasons other than the cost, then you will have to resolve this dispute in custody court.

The determination regarding summer camp and the expense is based on the individual facts in each family's circumstances. The most important thing for parents in a co-parenting house is to think about their summer childcare arrangements early. Speak with your attorney now if you believe you and your co-parent may disagree about the arrangements necessary to ensure that the issue is resolved before the end of the school year.

If you have co-parenting or family law questions, please reach out to a member of our family law team or contact the office directly at 215.362.2474.

Tips To Avoid Property Surprises

By Eric Wert

A recent article in the Philadelphia Inquirer highlights a serious problem some homeowners face after purchasing a property – they don't own the entire property that they believe they bought.

The article tells the story of a young couple in Delaware County who signed an agreement of sale to sell their first home. With the proceeds of that sale, they hoped to purchase a larger home to accommodate their growing family.

They were forced to significantly delay those plans when, prior to closing on the sale of their first home, the buyer's title company discovered that the land the sellers believed they owned (and agreed to sell to the buyers) was actually two separate lots.  The title search showed that the sellers only actually owned one of the two lots.

The problems caused by this discovery forced them to lose the buyers of their first home and significantly delayed their ability to purchase the new, larger home. In addition, they now face the realization that it may cost thousands of dollars and years of court proceedings to clean up their title problem so that they can finally sell their home and upgrade. 

These types of problems are not common. However, they can be incredibly expensive and time-consuming to fix when they occur. To most families, their home is their single largest asset, and any misunderstanding or error in the purchase of that home can be financially and emotionally devastating.

So, what can you do to avoid problems like this?

First, be sure to purchase an owner's title insurance policy whenever you buy real estate. If you are borrowing funds from a bank to make the purchase, the bank will almost certainly require the purchase of a lender's policy. The purpose of a lender's policy is to protect the bank's investment in your mortgage…not to protect you. You can also purchase an additional owner's policy to protect your investment for a relatively small expense.

Second, be sure to read and understand the terms of your title insurance policy. Before issuing a title insurance policy, the title company will conduct a thorough review of public records related to the property to find any problems or "clouds" on the title.  Before they issue the policy, the title insurance company will demand that any clouds on the title be resolved or list those issues as specific exceptions to coverage.

Often those exceptions listed are relatively standard and inconsequential – like, an easement across the property to the water company to install and maintain a water line to the house. However, suppose the title insurance company finds a significant cloud on the title that can impact your ownership, and you don't notice it in the list of exceptions to coverage. In that case, the policy doesn't protect you.

Also, it is essential to realize that a title insurance company does not visit the property or conduct a survey to ensure that what you purchase is the same as what you believe you are purchasing. Therefore, if there is any question as to where the property's boundaries are, it may be wise to hire a land surveyor to conduct a survey to confirm the boundaries. Again, for a typical suburban property, this can be a relatively small expense compared to the significant investment you are making in purchasing the property itself.

Finally, and most importantly, if you are unsure or uncomfortable with any step in this process, be sure to speak with a real estate attorney. An experienced real estate attorney can help you understand all documents and issues with purchasing your property to be sure that you won't have unfortunate surprises down the road.

Please feel free to email or call me at (215) 362-2474 if you have any questions about purchasing a home. I look forward to talking with you.

Add Estate Planning to your "To Do" list for 2022.

By Jack Dooley

The new year is a fresh start and a time to make resolutions. It's also a perfect opportunity to think about the people, places and causes that matter most to you. While it's natural not to want to think about our mortality, the process does not need to be somber. Estate planning and creating a Will is very altruistic, and it is something that every individual should do for their loved ones.

A common misconception is that "estate" equals mansions, large stock portfolios, and lavish possessions. Estate planning isn't just for the rich and famous or the very old. Regardless of financial status or age, everyone can benefit from having an estate plan.

Your estate is essentially everything you own, including your home, other property, car, bank accounts, investments, insurance policies, furniture, and personal belongings. An estate plan allows you to designate how those things are given to the people or organizations you care about. Simply put, estate planning is the process of organizing your affairs to ensure your surviving family members are taken care of when the time comes. It is a written record of your wishes and intentions. It indicates how you want your financial assets, property, and belongings distributed — and who will care for your children if they are minors.

The process is not complicated, and you can get started as soon as you are ready. Think about what you own, your cherished belongings and seek counsel from an experienced attorney to draft a Will and other necessary legal documents that address end-of-life considerations. For most individuals, there is no need to be overly concerned about death taxes or complicated trusts. Still, an attorney will work with you to create an appropriate estate plan customized to your needs, financial affairs, and family situation.

It's important you make these decisions and designations while you are alive and well. In the absence of a Will or estate plan, state law controls the disposition of your assets.  Generally, if not survived by a spouse, assets will pass to children equally which may seem acceptable, but the law does not take into account special circumstances (e.g. disability, dependency, trust for minors, etc.).  Additionally, if not structured clearly in a Will, complex probate matters can arise resulting in unnecessary costs, delays, and even litigation.

If you have an estate plan, but it's been a while since you've reviewed it, remember that it is only comforting if you keep it current. It is essential to regularly review your plan — especially after significant life changes, like marriage, divorce, birth or adoption of a child, inheriting money, or even moving to another state where estate laws differ from the one where you drew up your current Will. Be sure to keep an eye on changes in tax laws or other financial legislation as well. If your estate plan is out-of-date, your loved ones could encounter some of the problems you worked so hard to avoid.

The Wills, Trusts, and Estates Team at Dischell Bartle Dooley can help you create or update your estate plan today. DBD combines intricate knowledge and experience with thoughtful and adept execution from tax planning and medical directives, to legal documentation, and probate administration. 

You've provided for your loved ones your whole life. Now is the time to ensure your wishes are carried out as you intend. For more information, contact us online or call 215.362.2474.