Civil Trial Litigation - Erie, Pennsylvania - Marsh Spaeder Baur Spaeder & Schaaf, LLP

Litigation/Insurance Defense/Personal Injury Law

Litigation has long been an integral part of the Marsh Firm's practice. Our firm is primarily engaged in the practice of Civil Trial Litigation and General Insurance Defense Litigation in State and Federal Courts. Our attorneys have a breadth and depth of experience, along with professional maturity, to handle litigation in myriad areas, including:

   • Appeals
   • Orphan's Court Litigation
   • Personal Injury
   • Banking and finance, including foreclosures and security interests
   • Business, contract and commercial litigation
   • Insolvency and creditors' rights
   • Professional liability and legal malpractice defense
   • Medical malpractice defense
   • Insurance Defense
   • Real estate, construction, land use and eminent domain issues

Attorneys Practicing in this Area:

John B. Fessler
Anthony R. Himes
James E. Marsh, Jr.
Ritchie T. Marsh
Andrew M. Schmidt
Eugene C. Sundberg, Jr.

For more information, please contact us to discuss your legal needs.

• Family Law

• Litigation/Insurance Defense/Personal Injury Law
• Municipal and Zoning Law

• Oil and Gas Law
• Real Estate Law

• Unemployment Compensation Law

Real Estate Law

A wide variety of clients in the real estate industry turn to The Marsh Firm's Real Estate Law Department for legal counsel. Our clients are engaged in construction, development, lending, brokerage, leasing and other aspects of real estate, and include commercial developers, large and small corporations and real estate lenders, brokers, investors and title insurance companies involved in real property matters throughout Pennsylvania.

Attorneys in our Real Estate Law Department frequently provide clients with real estate counsel and services in the following areas:

   • Purchase, sale, lease, planning, subdivision, development, construction, operation and financing of
      commercial, single and multi-unit residential projects and other types of commercial, investment
      and residential properties
   • Construction and permanent financing
   • Tax and financing services
   • Construction and public works
   • Litigation representation
   • Land use, zoning and subdivision
   • Condominium and Planned Community Development
   • Property management and broker agreements
   • Title and survey analysis and title insurance requirements
   • Contractor, engineer, architect and construction management agreements
   • Tax-deferred and "tax-free" like-kind real property exchanges
   • Act as closing agents for national and local mortgage lenders

We also represent clients before all applicable governmental agencies, including zoning authorities and provide title insurance as agents or approved attorneys for national and regional title insurers.

Attorneys Practicing in this Area:

John P. Eppinger
John B. Fessler
Thomas E. Kuhn
James E. Marsh, Jr.
Ritchie T. Marsh
Michael G. Nelson
Eugene C. Sundberg, Jr.
Kurt L. Sundberg
Kevin Monahan

For more information, please contact us to discuss your legal needs.

Estate and Trust Law

The lawyers in The Marsh Firm's Estate Department work closely with clients to identify and achieve their goals. It is the primary objective of our attorneys to conserve and transfer family wealth, all while minimizing administrative costs and taxes. Our clients include individuals, families, businesses and fiduciaries, and our lawyers are regularly involved in planning and administering estates of all sizes.

Our attorneys have considerable tax and accounting expertise to closely monitor changes in tax law and tailor our clients' estate plans with care, always keeping their particular goals in mind. We have extensive experience in the following

   • Trust development and Administration
   • Revocable living trusts
   • Wills with testamentary trusts
   • Optimal marital deduction planning
   • Irrevocable life insurance trusts
   • Gift and charitable giving programs, including the use of charitable lead and remainder trusts and
      private foundations
   • Generation-skipping transfer tax planning techniques
   • Estate valuation freezing plans
   • Analysis of available discounts in valuing business assets
   • Family general and limited partnerships and limited liability companies
   • Durable Powers of Attorney and Advance Health Care Directives

The Department also handles all aspects of estate and trust administration, including opportunities for "post-mortem" estate planning using disclaimers, asset allocation decisions, intra-family sales, tax elections and other techniques to achieve optimal tax results and implement family needs and goals.

Finally, we represent our clients in the administration of decedents' estates, conservatorships and guardianships, and regularly advise individual and corporate fiduciaries on their fiduciary duties. When necessary, we also represent clients in audits, appeals and litigation in Orphan's Court and with the Internal Revenue Service in estate and gift tax matters.

Attorneys Practicing in this Area:

Thomas E. Kuhn
James E. Marsh, Jr.
Michael G. Nelson
William J. Schaaf
Kurt L. Sundberg
Kevin M. Monahan
Eugene C. Sundberg, Jr.

For more information, please contact us to discuss your legal needs.

Bankruptcy Law

The Bankruptcy Department of The Marsh Firm provides assistance in a wide range of areas involving bankruptcy, restructuring, reorganization, out-of-court workouts and creditors' rights issues. Our clients include companies, individuals, developers and financial institutions.

Our attorneys represent secured and unsecured creditors, debtors, debtors-in-possession, adversary proceedings, out-of-court workouts, reorganizations, and related insolvency litigation. Our expertise extends to Chapter 7, Chapter 11 and Chapter 13 practice in the United States Bankruptcy Court for the Western District of Pennsylvania.

Our attorneys seek the most cost-effective and creative solutions for creditors with respect to the enforcement of their rights, and for debtors in dealing with major liabilities, business downturns and/or cash-flow problems.

Attorneys Practicing in this Area:

John P. Eppinger
Kurt L. Sundberg
Kevin M. Monahan

For more information, please contact us to discuss your legal needs.

Business and Tax Law

The Marsh Law Firm represents clients in all types of legal matters arising in the operation of businesses. We have a broad knowledge of organizing new businesses, whether proprietorships, corporations, limited liability companies, partnerships, limited partnerships and the like, providing in each case an appropriate business and tax structure.

A significant portion of our work is transactional in nature, including the preparation and negotiation of contracts, including documents used in governing business succession and the orderly transition of companies, such as shareholder, partnership and operating agreements.

Additionally, we assist in the negotiation, documentation and completion of all types of acquisitions and transfers of business interests. We have broad experience in assisting clients in their transactions with banks, governmental entities, and other lending institutions by reviewing loan documentation requested by lenders to consummate the loans.

The Marsh Firm tax lawyers provide comprehensive services covering all aspects of federal, state and local taxation for businesses, corporations, partnership, sole proprietorships as well as for individual clients and non-profit organizations.

Attorneys Practicing in this Area:

John P. Eppinger
Thomas E. Kuhn
James E. Marsh, Jr.
Michael G. Nelson
Kurt L. Sundberg
Kevin M. Monahan
Eugene C. Sundberg, Jr.

For more information, please contact us to discuss your legal needs.

Family Law

Laws affecting the family are constantly changing. Over the past several years, the Pennsylvania legislature and courts have established child support guidelines, provided for new forms of custody and modified the factors courts use in classifying property as marital or separate upon divorce. Recent developments in law affect the division of pensions, the tax consequences of divorce, collection of child support across state lines, and custody disputes between residents of different states.

It is not enough for an attorney to have knowledge only of the laws relating to support and custody. Effective representation may require knowledge in tax and commercial law, as well as laws affecting retirement and military benefits. The Marsh Law Firm provides clients with this necessary broad base of knowledge.

The Marsh Law Firm represents clients who wish to protect business interests and other personal assets. In a divorce case, the Marsh Law Firm negotiates immediate financial needs, and if settlement is possible, negotiates property settlement agreements with long-term enforceability. If litigation becomes necessary, the Marsh Law Firm has extensive experience in contested proceedings in the courts.

Attorneys Practicing in this Area:

John P. Eppinger

For more information, please contact us to discuss your legal needs.

Municipal and Zoning Law

The Marsh Firm has enjoyed a long standing business relationship with municipal governments. We offer expertise in representing our clients' interests in the rapidly expanding areas of government regulation. Our attorneys have represented municipalities, boards and authorities as in the capacity as solicitors and counsel. Their expertise in representing these agencies, as well as applicants seeking approval from governmental agencies, is extensive.

Our attorneys have expertise in the area of all areas of municipal law and land use regulations, representing municipal governing bodies, planning boards, as well as other government agencies.
Specific areas of Municipal Law in which our attorneys practice include:

   • Tax Assessments
   • Land Use Regulation
   • Storm Water Management
   • Subdivisions
   • Zoning
   • Litigation of Land Use Issues
   • Representation of Boards, Authorities and Local Governments

Attorneys Practicing in this Area:

Thomas E. Kuhn
Ritchie T. Marsh
Kurt L. Sundberg

James E. Marsh, Jr.

For more information, please contact us to discuss your legal needs.

Banking Law

The Marsh Firm has extensive experience in lending and secured transactions, loan workouts, mortgages and foreclosures. Our clients include borrowers, commercial banks, savings banks, credit unions, as well as private mortgage holders.   Our attorneys assist our lender clients with issues arising from commercial and consumer lending.

Our attorneys have long standing relationships with local and national lenders in their capacity as closing agents and solicitors. Counsel is routinely given in the following areas:

   • Mortgage Foreclosure Actions
   • Secured and unsecured loan transactions
   • Commercial Financing
   • Residential real estate mortgages lending
   • Construction Loans
   • Consumer and residential mortgage lending
   • Workouts and loan restructurings
   • Trust and Estate Work

Attorneys Practicing in this Area:

William J. Schaaf
Kurt L. Sundberg
Eugene C. Sundberg, Jr.

For more information, please contact us to discuss your legal needs.

Criminal Defense/ DUI Defense

Our firm has extensive experience defending the rights of people arrested and accused of criminal offenses. We handle all types of criminal cases, including minor infractions and misdemeanors, as well as more serious felony indictments.

We also assist clients in resolving traffic citations and offenses, such as drunk driving, driving under suspension, reckless operation and speeding.

Attorneys Practicing in this Area:

Anthony R. Himes

For more information, please contact us to discuss your legal needs.

Oil and Gas Law

The Marsh Law Firm handles all legal aspects pertaining to the extraction of oil and gas on behalf of landowners and drillers including:

   • Lease drafting and review
   • Litigation stemming from drilling
   • Drilling permits

Attorneys Practicing in This Area

John B. Fessler
James E. Marsh, Jr.
Ritchie T. Marsh
Michael G. Nelson
William J. Schaaf
Andrew M. Schmidt
Eugene C. Sundberg, Jr.

For more information, please contact us to discuss your legal needs.

Elder Law/Medicaid Planning

As Pennysylvania and other states deal with an aging population, the need for family planning with regard to issues affecting the elderly and their family members is an important and vital aspect of our society. The lawyers in the Marsh Firm’s Elder Law and Medicaid Planning Department are here to assist clients in recognizing and planning for the issues involved in Elder Law and Medicaid Planning. Our attorneys have considerable skills and expertise in these areas and can assist clients in achieving the goals involved in asset protection, Medicaid eligibility and ensuring quality of life.

The Marsh Firm is committed to helping the elderly, the disabled and their families resolve their unique legal problems and concerns. We can assist you with a variety of issues, including the following:

   • Medicaid and long-term care planning: protecting the family and assets
   • Estate planning including will, trusts and powers of attorney
   • Guardianships and conservatorships for incapacitated persons
   • Medicaid and End-of-Life decision making
   • Applying for Medicaid benefits
   • Estate Administration
   • Estate Tax Planning

Attorneys Practicing in this Area:

Thomas E. Kuhn
James E. Marsh, Jr.
Kevin M. Monahan
Michael G. Nelson
William J. Schaaf
Eugene C. Sundberg, Jr.

For more information, please contact us to discuss your legal needs.

Unemployment Compensation Law

Our employment lawyers have the experience and resources to assist management in all phases of unemployment compensation claims, including:

   • Analysis of potential claims before implementation of termination decisions
   • Crafting employment separations to avoid claims or to provide effective defenses to claims
   • Anticipating and preparing for related employment litigation in district courts
   • Preparing timely administrative responses
   • Preparing for evidentiary hearings
   • Preparing for appellate proceedings

Attorneys Practicing in this Area:

William J. Schaaf
Andrew M. Schmidt
Eugene C. Sundberg, Jr.

For more information, please contact us to discuss your legal needs.