O'Brien Dennis Attorney

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AKA: Brien Dennis O Attorney
Categories: Attorneys, Accident & Property Damage Attorneys, Adoption Law Attorneys, Automobile Accident Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Business Law Attorneys, Business Litigation Attorneys, Child Custody Attorneys, Construction Law Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys, Divorce Attorneys, Employee Benefits & Worker Compensation Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys, General Practice Attorneys, Immigration Law Attorneys, Landlord & Tenant Attorneys, Malpractice Law Attorneys, Medical Malpractice Attorneys, Personal Injury Law Attorneys, Personal Property Law Attorneys, Real Estate Attorneys, Social Security & Disability Law Attorneys, Tax Attorneys, Trust Companies, Wills, Trusts & Estate Planning Attorneys, Workers Compensation Assistance, Wrongful Death Attorneys

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Phone: (412) 394-4140

Address: 600 Grant St, Pittsburgh, PA 15219

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O'Brien Dennis Attorney

Divorce
Child Support
The Pennsylvania child support guidelines are established to ensure that children receive the same amount of support that he or she would have enjoyed if the parents were living together. The amount is based on the needs of the child and the ability of the non-custodial parent to pay. The amount is also based on the earning capacities of the parents and allows for additional support in extraordinary circumstances.
Child Custody and Visitation
The most important subject to be dealt with in the event of divorce is child custody. For this reason, seeking legal advice is important before facing this issue. Pennsylvania maintains that the law should consider, first and foremost, the best interests of the child. Children cannot be dealt with contractually in the same manner as property. Ideally, parents will reach an agreement that will satisfy the court. This agreement may be achieved at the DRS support hearing. If an agreement cannot be decided upon, the court will intervene. In any event, custody agreements are always subject to modification by the court.
Adoption
Paternity
Premarital Agreement
Prenuptial agreements have become more and more common, especially where one or the other individual has substantial assets. This type of agreement establishes assets which each party brings to the marriage. In the event of a divorce these assets revert to the original owner as specified in the agreement.
Guardianship
An experienced estate law or elder law attorney can assist you to minimize your tax burden and eliminate probate costs by setting up a living trust. Guardianship of minor children in the event of your incapacity or death can be decided. The intricacies of long term care for you or a loved one need to be explained. Today a nursing home can charge well over $7000. a month. It is important to understand what assets a spouse can retain if your funds are depleted, and Medicaid assistance becomes necessary. Medicare covers only a percentage of the first 100 days of care if you enter a nursing home directly from a hospital. Medicaid does not cover assisted living arrangements. Long Term Care Insurance can be a viable answer. There are different types available, and it is something that you might wish to go over with your attorney.
Spousal Support
In Pennsylvania the County Domestic Relations Section (DRS), an arm of the Court of Common Pleas, oversees the process. A DRS worker assists the parent in applying for a support order. It is prudent to arrange support through the DRS. All too often, arrangements made between the parties without the DRS may be inequitable and unenforceable, and lead to problems between the parties that could otherwise have been avoided. The DRS also oversees spousal support. It is a good idea to contact an attorney for advice when applying for support.
Legal Separation
Divorce is a complex matter that cannot be handled merely by filling out the correct forms. First the petitioner must understand the grounds for divorce peculiar to his or her locality. There also may be residency requirements. In Pennsylvania filing can come only after you or your spouse has been a resident for six months. After filing papers, called the Complaint, the spouse is served with the Complaint and has thirty days, if a resident of the state, or sixty days out of state to reply. If there is no reply, the proceedings may go on if proof of service of the Complaint is provided. If the spouse lives outside the United States the period is ninety days. Pennsylvania does not have a legal separation procedure. Pennsylvania has two types of divorce: Fault and No-Fault. All Fault divorces require appearance in court.

Criminal Defense
The proliferation of legal shows on television may have given the average person the perception that he or she has a good basic knowledge of criminal law. Not so! If you have been arrested and charged with a crime, you need an experienced criminal attorney to prepare your defense. Experience may make a major difference in the outcome of your case.
DUI/DWI
If you are arrested for DUI in Pennsylvania penalties are rigorous: if you are over 21 (legal drinking age) and you blood alcohol level is.08 or higher you are considered to be DUI. You may also be convicted at a lower BAC rate if you are driving erratically. If you are under 21 BAC is.02 or greater.
Wrongful Death
Death caused by the negligent action of another person can result in a wrongful death claim. This tragic occurrence causes extreme emotional distress to those close to the deceased, as well as the acquiring of attendant expenses which can be overwhelming when the family is not prepared. This is a different type of legal procedure because the deceased is not bringing the action. Rather the decedent’s estate must act to secure recompense for the sufferings of the family, for hospital and funeral expenses, and those less tangible losses, such as loss of companionship, loss of future wages, loss of pensions (some of which are quantifiable). There can also be punitive damages assessed in some states. Juries and judges decide on the amount of the award. Awards will include interest dating from date of death.
Fraud
Robbery
Just some of the cases in which criminal charges may arise are: drug possession and trafficking, DUI, domestic assault, shoplifting, theft, receiving stolen property, fraud, bad check writing, robbery, driving charges, stalking.
Burglary
Theft
Misdemeanors
In Pennsylvania, crimes are divided into felonies (more serious violations) and misdemeanors. Each classification has three subclasses. There are also crimes called summary offenses. The category your crime falls in can determine the penalty; the offense often determines the category. For example, aggravated assault with a deadly weapon, is a felony one offense, and the penalty can be up to twenty years in prison. Drug trafficking also comes under this classification. At the other extreme, disorderly conduct, a summary offense, brings up to ninety days in jail.
Drug Crimes
Drug crimes can involve both federal and state laws. They can range from simple possession of a controlled substance, to intent to distribute, drug manufacturing, conspiracy and smuggling. Penalties for distribution escalate depending on where the drug falls on the federal drug schedule. Possession with intent to deliver, and delivering or manufacturing drugs are serious felony offenses. In Pennsylvania these carry mandatory jail time. Whenever someone is involved in a drug offense, expert legal assistance is a necessity.
Assault
Shoplifting
Money Laundering
If an individual is accused of dealing in large amounts of illegal drugs, internet trafficking, transporting drugs over state lines or over borders, money laundering, or using the mail to deliver drugs, among other offenses, the individual faces federal prosecution, and penalties become much harsher.

Business and Corporate Law

Corporate Law
Because there are so many forms of corporations, differing state laws, and tax situations it is necessary to secure the services of a good corporate law attorney.
Business Disputes
If a business or individual is harmed by the wrongful actions of another business, an attorney skilled in business law is a necessity. A primary wrong often has its roots in breach of contract. Before a business owner or employee signs a contract, it is wise to have the contract scrutinized by a legal professional. Misrepresentations and unethical or dishonest practices can lead to serious financial problems for a company. If a business owner believes that he has been subjected to this type of conduct, legal assistance is the best recourse.
Business Transactions
Incorporating a business demonstrates to the person seeking to do business with you that you are a serious, stable entrepreneur. You will also achieve a measure of solidity in the eyes of the business community. Incorporating also gives you the important advantage of protecting your personal property from lawsuits arising from business transactions.

Workers Compensation

Real Estate Litigation
Almost everyone comes in contact with Real Estate Law. Whether you are a property owner, landlord or tenant, you will probably be involved in one or more legal issues involving real estate. Real estate law includes state and federal statutes as well as aspects of common law.
Construction Litigation
Real estate brokers are held to high ethical standards when representing either buyer or seller or acting as an intermediary. An attorney can help in securing a mortgage, mortgage refinancing, tax-deferred exchanges and securing a reverse mortgage. Problems with property taxes, landlord-tenant disputes, protecting property from probate, dealing with construction defects and suspected fraud are also areas where legal assistance is important.
Eminent Domain
There is always the eventuality of legal disputes over titles, boundaries, easements, contract breach, eminent domain and many other issues.
Easement
Landlord-Tenant Disputes
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Property Damage
Unfortunately, insurance fraud is not uncommon, and insurance companies are on the alert to discover if an insured may be attempting to make a fraudulent claim. In Pennsylvania, insurance fraud is a felony. Automobile insurance fraud is not infrequent: exaggerating damage to a vehicle or having a repair shop inflate a bill to cover a deductible is common. Health insurance fraud, including Medicare fraud, runs into billions of dollars a year. Unscrupulous doctors may inflate bills or bill for services never performed. Worker’s Compensation fraud occurs when a worker overstates an injury, or claims an injury happened on the job when it occurred elsewhere, or if a worker takes another job while collecting compensation. Understating payroll to avoid higher premiums or failing to carry insurance is a type of fraud committed by an employer. A fraud may be committed to collect on homeowner’s insurance when the homeowner overstates property damage, has a contractor “pad” a bill, or an individual stages a burglary to collect for property supposedly stolen.

Immigration Law

Investor Visas
Immigration Law is a highly complex field, and without doubt the services of an experienced immigration attorney are absolutely necessary. For example, there are immigration regulations regarding (1) family: spouses, children, parents, siblings; (2) “green card” (lawful permanent resident) regulations which are employment based, and deal with professionals and skilled workers among others; (3) temporary non-immigrant visas (H1B) for specialty workers; (4) O Visas for musicians, public speakers, researchers and artists; (5 )L visas for company transfers; (6) fiancé visas; (7) investor visas; (8) farm employee visas and (9) visitor visas, among others.

Personal Injury
What is Tort Law? Wrongs that are litigated in civil court as a result of another person’s negligence or wrongdoing fall under the category of tort law. Tort law is state law which originates with state legislatures (statutory law), and the judiciary (common law). In general, lawsuits for personal injury come under the classification of tort law.
Medical Malpractice
There is a two year statute of limitations in Pennsylvania for filing medical malpractice claims. It is important to keep this in mind in regard to birth injuries. There is a difference between birth defects and birth injuries. An injury is something that occurs during the birth process, while a birth defect refers to impairment that is caused by something that happened before or during pregnancy. When a parent feels that an infant has suffered a birth injury, it is essential to have experienced legal assistance. The attorney will do a thorough investigation of all circumstances surrounding the pregnancy and birth. Medical records will be perused, as well as any and all tests results performed before and after birth.
Auto Accidents
Social Security Disability
Accident attorneys also may become involved in Social Security Disability claims, medical malpractice, dog bites, boating accidents and DUI accidents. Unfortunately, driving under the influence is a growing cause of accidents. Accident attorneys assist not only those arrested for this offense but also may be retained by victims.
Dog Bites

Trusts and Estates

Estate Planning
Although estate planning includes topics likes wills, trusts, health care directives, and powers of attorney it is a much broader field. It is important not only to make sure that your assets are distributed according to your wishes after death, but to protect those assets while you live. A good estate plan assures that should incapacity occur, you have made provision for your family’s financial security. This is something that should not be a last minute affair.
Wills
You’ll find Pittsburgh attorneys practicing in all areas including bankruptcy, DUI, personal injury, worker’s compensation, real estate, criminal defense, domestic matters, labor and municipal law, corporate law, medical malpractice law, estate law, will & probate law, immigration law, copyright law, trademark law, wrongful death, divorce, child custody, and auto accidents.
Trusts
A Living Trust manages property before and after death. It avoids probate. The trust makes provision for a successor trustee in the event of your death. The trustee distributes assets to your beneficiaries. Should you become incapacitated, your affairs will be managed by the trustee. A trust is more expensive to prepare than a will. In either case it is wise to consult an attorney, especially if there are extensive assets. A will becomes a matter of public record. A trust does not.
Power of Attorney
Elder Law is not only concerned with wills, trusts and powers of attorney, but also with the care of those who can no longer care for themselves. As Americans live longer it is becoming more common for middle aged individuals to be caught in situations where they are faced with years of care for aged parents. In some cases, couples finally see their children through college and finally become empty-nesters when they find that their parents have made little or no preparation for their later years.
Probate
When someone dies a will or a trust handles the distribution of the decedent’s estate. In the case of a will, the document will be subject to probate, which is the term for the legal proceeding that is conducted by the court to determine if your will is valid, to assess your assets and debts. Probate helps to assure that your wishes are carried out because the process is supervised by the court. The court will consider claims of creditors and challenges to the will. You may also stipulate a guardian for minor children. The executor you name in your will is the person who will inventory your assets and debts, carry out your wishes and file death tax returns, as well as a final income tax return. Probating an estate can be expensive and time-consuming. It may be months before distributions are made.

Bankruptcy
Chapter 7 Bankruptcy is the most common form of bankruptcy. The person filing is known as the debtor. The debtor’s non-exempt property is sold at a court administered sale. Proceeds will be distributed to the creditors. A discharge follows, which signifies that the debtor is free from payment of debts.
Tax Law
Tax Law is a broad field. Two major areas impacting Pennsylvanians are federal and state income taxes. For many individuals handling these tax situations is fairly simple. If problems arise with, for example, the IRS, it becomes necessary in most cases to seek legal representation. Among other situations, an individual may need tax audit representation, advice and assistance with non filed returns, IRS tax liens, installment payment plans, wage garnishment, innocent spouse liability and appeals. An experienced advisor can assist in working out compromises and penalty and interest reductions.

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