At the Law Offices of Turner & O'Connell, we provide the legal services that you and your business need to thrive. We provide advice and consultation to small and medium sized businesses and we prepare and file all required documents for corporations, partnerships and limited liability companies. We assist our business clients in drafting whatever documents are necessary, including contracts, leases, buy and sell agreements, covenants not to compete, and confidentiality agreements. We review and analyze proposed corporate agreements mandated by your suppliers and customers and we assist in employee and labor relations. Should disputes arise in conducting your business, we are aggressive advocates whether pursuing your claim or defending a claim brought against you.

There are various forms of business organizations available to those who wish to enter into a business venture and new ones have been created by statutes in recent years. Briefly, the forms include a sole proprietorship, a partnership (including Limited Partnerships and Limited Liability Partnerships), a corporation (including Subchapter S Corporations and regular so-called "C" Corporations), and Limited Liability Companies ("LLCs"). We, along with your accountant, can assist you in selecting and creating the proper business organization that will best meet your needs.

As compared with other areas, alternative dispute resolution or arbitration may be appropriate in construction-related matters, even in those instances where a standard AIA contract--which specifically provides for arbitration--is not involved. Because such disputes typically involve alleged deficiencies with more than one trade's work, and because the work of one trade often impacts the quality and timing of another trade's work, an arbitrator with specialized knowledge can help to reduce the time spent in trial and the cost associated with expert witnesses. We will recommend that the appropriate alternative dispute mechanism be employed where appropriate and in its client's best interests.

Court proceedings are governed by specialized rules of civil procedure and evidence, the application of which may be just as essential to a person's success as the applicable statute, regulation or precedent. In fact, knowledge of the applicable law and of the type of evidence necessary to support a position must be accompanied by a clear understanding as to how to discover that evidence before trial and to obtain its admission at trial. We appreciate that when evaluating litigation as an option a client is best served at the outset by considering the evidence that is likely to be admitted at trial.

At the Law Offices of Turner & O'Connell we believe that, in most instances, a lawsuit should be commenced only after the parties have attempted to resolve their differences among themselves. A negotiated settlement is usually superior to a resolution imposed upon the parties by a judge or jury who, even in the best-presented cases, cannot have as clear an appreciation of the issues as the parties. Furthermore, because it is governed by rules of evidence, procedure and court imposed deadlines, litigation can be a costly endeavor, both financially and emotionally.

The commencement of litigation does not mean the end of negotiation. On the contrary, from our experience, we know that the onset of litigation not only does not rule out a negotiated settlement, but also in some cases, will pave the way to a settlement. The nature of the claims which are asserted, the filing of motions, the scheduling of depositions and the request for documents, when thoughtfully considered can facilitate a settlement by forcing an adversary to re-think his/her position and thereby put our client in a stronger position than before the litigation commenced. We appreciate these dynamics, and use them in our client's best interests.

Our appellate practice is also tailored to the needs of our client. We have extensive appellate experience. Adherence to specific appellate procedural rules and filing deadlines are essential steps that cannot be overlooked or taken lightly for risk of dismissal before the case is even heard. In most cases, a notice of appeal must be filed within a set number of days after the date of a final judgment, so it is imperative to contact an experienced appellate attorney immediately if you believe an error was made at your trial or hearing.

We provide a free initial consultation to discuss your case and defenses and will structure your fee payments to suit your finances.

Divorce Also known as Dissolution of Marriage, every divorce proceeding is unique. We handle straightforward uncomplicated divorces and complex marital dissolutions. A divorce can involve:

• Alimony
• Division of property
• Complex business evaluation
• Mutual funds, stocks and securities distribution
• Evaluation of assets
• Debt management

We can be trusted to negotiate an equitable distribution of debt and assets.

Child custody, support, and visitation schedule decisions are some of the most important aspects of a dissolution proceeding for individuals with children. In determining how parental responsibilities are to be shared, a couple must determine:

• The primary and secondary residence of the children
• Whether rotating custody is appropriate
• What the visitation schedule will be

There are a number of important issues that must be determined in the calculation of child support, including:

• The needs of the child
• The contact and access schedule
• The needs of the children for health and life insurance

There are many issues involved in formulating an alimony schedule. Our experience and focus ensures that our clients have the best advice available, regarding:

• Whether alimony should be permanent and periodic
• Whether alimony should not be paid
• The effects of a long-term marriage versus a short-term marriage
• A Determination of need
• An ability to pay

We represent clients in the enforcement of all agreements that have resulted from the dissolution process, including:

• Contact and access to the children
• Visitation Schedules (Visitation)
• Child support
• Property settlement
• Alimony

We represent clients, who are seeking to make an amendment to the agreements that have resulted from a dissolution process, including:

• Emancipation of child
• Increase or diminishment of child support
• Changes in the primary residence due to the best interest of the child
• Modifications of child support and alimony due to changes in economic circumstances
• Changes in contact and access schedules

Our goal is to protect and safeguard our client's premarital assets according to the agreement between the parties. It is of the utmost importance that every aspect of a prenuptial agreement is valid and enforceable because in general, prenuptial agreements are disfavored by law. We pay particular attention to the drafting and the execution of a prenuptial agreement to insure that it will be enforceable. We also represent individuals who are seeking to have a prenuptial agreement enforced or disqualified.

Although grandparent's visitation rights have been significantly diminished by the court system, our firm is available to advise you as to what rights exist and what remedies are available.

An area of Family Law that is particularly satisfying, we enjoy helping families welcome new family members through the adoption process.

We represent fathers and mothers seeking relief from the courts to establish parental rights for the purpose of:

• Receiving child support
• Establishing visitation, contact and access rights
• Establish shared parental responsibility contact<

Wrongful Death is a legal term that refers to situations when a person dies due to the negligence of another. Wrongful Death cases may arise as a result of a variety of incidents, including car and other motor vehicle accidents. The goal of our firm is to make sure that the survivor and beneficiaries are maximally compensated for their loss. In times of grief it is obviously difficult for family members to understand the importance of a prompt investigation of the circumstances of death, preservation of evidence and identification of responsible parties. Let the Law Offices of Turner & O'Connell speak for you.

When we handle your personal injury case, you can rest assured that your case is in the best of hands. Every client and every case is important to us. We welcome questions and feedback from our clients and we strive for your complete satisfaction.

You have worked closely with your agent; you have looked at many homes; and you have finally found the home you want to purchase. Now, you want to be sure that you select a settlement firm that will bring your transaction to a prompt and successful conclusion and at a reasonable cost. Our attorneys, paralegals and staff provide the knowledge and expertise necessary to ensure that your settlement goes smoothly with no surprises. We have a highly qualified and dedicated staff who make each step of the process proceed without a hitch. When you retain our firm you not only get the technical competence you require, you also get a firm with extensive experience in dealing with the human element in real estate transactions. We can resolve problems in a practical way.

When you leave the Law Offices of Turner & O'Connell with the keys to your new home, we still have many tasks to complete. We will promptly file and record the necessary documents in the land records, pay the transfer and recordation taxes, disburse the funds collected at settlement and forward all documents to your lender. Then, we pay off your seller's loan and obtain and record the necessary release documents and send you your deed and title insurance policy when they have been returned from the recording authority. We welcome and encourage your calls at any time whether before or after your settlement. We strive for your complete satisfaction.

When a worker covered by Social Security becomes disabled or blind, he or she may be entitled to receive disability benefits. In addition, certain family members may qualify for benefits based on the disabled worker's earnings record. Some of the family members who may qualify for such benefits based upon your own earnings record include:

1. Your unmarried children under age 18, or under age 19 if attending high school full-time.
2. Your unmarried child 18 years of age or older, when that child was disabled before reaching age 22.
3. Your spouse age 62 or older.
4. Your spouse of any age who is caring for a child of yours under age 16, or who is disabled and also receiving disability checks.

An issue of critical importance to most disabled workers is the availability of health insurance. Fortunately, regardless of your age, if you qualify for Social Security Disability Benefits, you also become eligible for Medicare, including Part A (hospital benefits) and Part B (medical benefits) once you have received SSDI benefits for 24 months.

However, the criteria for determining eligibility for Social Security disability benefits are extremely strict and the Social Security Administration is reluctant to award such benefits even in the face of what you believe is compelling proof that you are, indeed, disabled. While private disability insurance may pay for short-term disability or partial disability, or provide benefits when you can't work at your regular job, Social Security does not. Under Social Security's eligibility rules, you must be completely unable to do any kind of substantial gainful work for which you are suited, and the disability must be expected to last for at least a year or result in death.

If you believe you are disabled, you should promptly contact your local Social Security Office and submit an application for disability benefits. If you are denied benefits, you should contact an attorney immediately to preserve your rights.

We assist our clients in drafting powers of attorney for medical decision-making; for handling financial affairs; and for selling real estate. We can assist you in all aspects related to the efficient management and transfer of your property with the goal of meeting your plan of distribution while minimizing the tax consequences.

Probate is the legal process by which a person's debts are paid and assets are distributed upon her or his death. Estate Administration includes the probate process as well as non-probate transfers of the deceased's assets. Individual state laws direct the probate court how to distribute the deceased's estate. State laws and procedures vary greatly, so, it is important to consult a firm with expertise in this area of the law to ensure that the deceased's assets are distributed correctly.

REPRESENTATIVE CASES

Commonwealth v. Kiner, 697 A.2d 262 (Pa. Super. 1997)

Mitchell v. Eastman Kodak Company, 113 F.3d 433 (3rd Cir. 1997)

Commonwealth v. Gibson, 447 Pa. Super. 132 (1995)

United States v. Sciarrino, 884 F.2d 95 (3rd Cir. 1989)

Commonwealth v. Hummel, 363 Pa. Super. 376 (1987)

Shoenberger v. Unemployment Compensation Board of Review, 94 Pa. Cmwlth. 267 (1986)

Zerfing v. Unemployment Compensation Board of Review, 93 Pa. Cmwlth. 615 (1985)

Fried v. Fried, 509 Pa. 89 (1985)

Fried v. Fried, 326 Pa. Super. 271 (1984)

Navarro v. Ohio Casualty Insurance Co., 295 Pa. Super. 151 (1982)

Commonwealth v. Corish, 452 A.2d 7 (Super. 1982)

Bair v. Hearn, 287 Pa. Super. 577 (1980)