Family Law

• Divorce
  Separation and divorce are governed by state law, not federal law, and every state is different when it comes to divorce law. Some states have formal separation proceedings that are different from divorce proceedings; New York is one of those states, but Pennsylvania is not.
• Child Support
  A child support obligation is determined by the income of the parents and the custody schedule, either an Order or actual practice.  If you have 50-50 custody, the parent with lower income can still file for child support.  If you have more than 50 percent custody, you can file for child support regardless of whether you or the other parent has higher income.
• Child Custody and Visitation
  Elderkin Law Firm is a full-service law firm, able to provide a complete range of legal services. Whether you've been injured or just want to transfer a piece of property, need to start a new business or find out what your child custody rights are, there is an Elderkin attorney with the right legal experience to help you.
• Adoption
  We can assist you with third-party adoptions (unrelated persons), kinship adoptions (family or related persons), and step-parent adoptions. Ask a Question
• Premarital Agreement
  A Prenuptial Agreement is a contract between two people who are planning to marry and want to make arrangements in advance relating to...
• Guardianship
  At the Elderkin Law Firm, our staff handles two types of guardianships: adult guardianships and child guardianships. Ask a Question
• Spousal Support
  More and more people are experiencing the trauma of a breakdown in the family unit. When this occurs, the courts must frequently intervene to balance the rights of the affected parties. An experienced attorney can help you avoid the common pitfalls of the processes surrounding separation and divorce, alimony and support, and child custody matters. Our family law attorneys at the Elderkin Law Firm have the experience and resources to make sure that your rights are fully protected. Allow us to assist you and do the right job right from the beginning.

Criminal Law

• Criminal Defense
• DUI/DWI
• Wrongful Death
  A wrongful death claim is just that -- a claim brought against someone who has caused another person's death through his or her wrongful conduct.  Since the person who has died is no longer available to bring the claim on his or her own behalf, family members (or other designated representatives) must bring it for them.  And the claims that may be brought include two broad categories: (1) claims to compensate the deceased person for his or her own injuries occurring prior to death; and (2) claims to compensate the surviving family members for their own monetary losses resulting from he death of their loved one.
• Traffic Violations
  If you are stopped for a traffic violation, the police officer will request your insurance I.D. card. If you cannot show the officer a valid card, the police officer will cite you for this offense and, if convicted, your vehicle registration and driver's license will be suspended for three months each.
• Sex Crimes
  Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, rape, involuntary deviate sexual intercourse, sexual and/or statutory assault, aggravated and/or indecent assault, or incest, with or without a deadly weapon.
• Misdemeanors
  If you are a convicted felon, you are required to disclose the fact that you are a convicted felon if the other side does not know.  There are certain types of felonies that are more relevant in custody proceedings than other types of felonies, such as statutory rape versus embezzlement. Certain misdemeanors or other convictions may also be relevant in custody matters, such as drug and alcohol offenses.
• Embezzlement

Business and Corporate Law

• Business Formation
• Business Disputes
  No matter the issue, one of our business law attorneys has had experience with a problem similar to yours. Call our office in Erie, PA at (814) 456-4000 and our business team will be ready to assist you.
• Limited Liability Companies
  You and your partner will want to make sure that you both understand how the business will operate, and what your respective roles will be. It will be important for you to have your business arrangement reduced to writing so that there is no confusion as to how each of you will contribute to the operation of the business, how you will be compensated, how decisions will be made, what will happen in the event of dissolution and many similar topics. Choice of operating entity for the business is also a very important consideration. Many businesses are established as either corporations or limited liability companies, which are entities that would help shield your personal individual assets from liabilities of the business or the company that you’re forming. Knowing what business form will best serve you will depend on many factors that you and your business partner should discuss with an attorney before you get the enterprise off the ground. It's never too early to consult an experienced business attorney, who can help you think through the issues before they become problems.
• Construction Contracts
  Our Commercial Litigation group represents business clients in everything from informal third-party negotiations through arbitration to complex federal court litigation. We also have the resources and ability to coordinate legal representation across the country for our clients. We have represented business clients in such diverse areas as contract actions, shareholder disputes, partnership disputes and dissolutions, construction contracts, unfair trade practice litigation, and, with members of our Labor and Employment practice group, the enforcement or defense of non-compete agreements.
• Trade Secrets
• Intellectual Property

Employment Law

• Workers Compensation
  Depending upon the subject of the dispute, you case may end up in one of a number of tribunals. Most cases are brought to the trial courts of general jurisdiction, either state (the Court of Common Pleas) or federal (the District Court), depending upon the amount in controversy, the citizenship of the parties and, sometimes, the subject matter of the lawsuit. Some cases involving regulated activities are referred to administrative courts or tribunals, such as the Workers' Compensation Board, the National Labor Relations Board, the Unemployment Compensation Hearing Board or others. Depending upon where your case is heard, it may be decided by a jury, a judge or a specialized referee or administrative law judge. Your lawyer will be able to answer specific questions about the tribunal in which your case will be decided, and the procedures involved in bringing the your matter from start to conclusion.
• Employment Contract
  An important benefit of choosing a full-service law firm like the Elderkin Law Firm to assist you in your business formation is our breadth of knowledge, with attorneys who are experienced in all the different areas of the law that will impact your new business. Starting a new business is more than just choosing the right entity and filing the paperwork correctly. There are issues such as succession planning (how to transition the business from one generation to the next), for example, that require the experience of our estate attorneys. There are taxation issues that would call on the expertise of our tax attorneys. There are often financing or real estate acquisition issues that may require the attention of our attorneys who have experience with complicated loan closings and dealing with lenders and the Small Business Administration. There may be labor and employment issues or employment agreements that need a review by our attorneys experienced in these areas. At Elderkin, we have attorneys who can guide you through the process in a global sense, and tailor our services to your precise needs, simple or sophisticated.
• Employment Litigation
• Non-compete Agreement
  A non-compete agreement is a contractual arrangement between a company or business and an employee that would prohibit that employee, after leaving employment with the business, from competing with that business. Many times employers will ask for a non-compete agreement from employees who will be provided with confidential information, customer lists or other things that would put the business at a disadvantage if that information were later to be provided to competitors. You'll also see non-competes used where a person is a particular draw for a business—for example, a manager who is very popular with customers and is likely to be able to draw those customers to another location if they were to leave. In those cases, the employee may be asked to sign a non-compete agreement. The business must carefully consider when it's going to have that agreement signed, because it may not be enforceable in court if it was not signed at the right time. It's not as simple as just approaching an existing employee and having a non-compete agreement signed. The employer will need to be able to show that it provided the employee with adequate consideration (usually money or a favorable change in employment status) in exchange for asking the employee to give up certain rights in the non-compete agreement. It's important to understand what constitutes a proper context in which a non-compete agreement can be signed to make sure that it's enforceable. An experienced attorney in business matters will be able to help with this process.

Property Law

• Real Estate Litigation
  Handle a wide variety of commercial and residential real estate matters.  We can help you with any real estate matter, from simple to sophisticated, including all aspects of acquisition, financing, management, maintenance, sale and leasing, as well as residential and commercial development projects, finance issues, tax assessment appeals...
• Premises Liability
  In Pennsylvania, there is a two-year statute of limitations for negligence claims, and most premises liability cases will involve a negligence claim. This means you must file a lawsuit at the Courthouse within two years of the date that the accident happened, and make sure that the parties you have sued are properly served with a copy of the paperwork you use to start your lawsuit.  There are very strict rules about how the lawsuit must be filed and served.  If these rules are not followed, the Court may dismiss your lawsuit.  It is important to contact an attorney as soon as possible after an accident, to make sure that important evidence is not lost, that relevant persons are placed on timely notice of your claim and so you can know that your lawsuit has been commenced properly.
• Construction Litigation
  We have negotiated and drafted construction contracts and subcontracts for both small and large commercial construction projects. We represent both developers and institutional lenders in construction loan financing.
• Real Estate Transactions
  Before you consider purchasing property or land in Pennsylvania, it's a good idea to consult with a seasoned real estate attorney at the earliest opportunity. An attorney will be able to assist you in either preparing or reviewing a real estate sales agreement (often called "articles of agreement") to make sure that your interests, as a buyer, are protected. There are many considerations important to a purchaser of real estate that may not occur to you, or even your realtor, prior to closing in any particular case.  An experienced attorney will be able to review your circumstances with you, and address these considerations.
• Easement
• Land Use and Zoning
  We represent and advise individual property owners, development companies, non-profit corporations and municipalities on all issues of zoning and land use law including local agency law and appellate practice.
• Property Damage
  Pennsylvania law requires all Pennsylvania motor vehicle owners to maintain vehicle liability insurance (financial responsibility) on a currently registered vehicle. Vehicle liability insurance covers the property damage or injuries you may cause others in an accident.

Immigration Law

• Citizenship and Naturalization

Health Law

• Personal Injury
  If you need legal advice, contact the legal experts at the Elderkin Law Firm in Erie, PA. There is no charge for initial consultations for personal injury matters. CONTACT US
• Medical Malpractice
  During childbirth, women entrust their personal safety, and the safety of their newborn child, completely to the care of their medical care providers. We like to think that these individuals are worthy of that trust and know exactly what they are doing. Unfortunately, medical malpractice does occur, and the consequences can be life-altering for both the mother and the child.
• Auto Accidents
• Social Security Disability
• Slip and Fall Injury

Trusts and Estates

• Estate Planning
  To learn more about estate planning and estate administration, please contact one of our Elderkin attorneys listed in this section.
• Wills
  Whether you are just starting out after college or you have been retired for years, it is important to have a will. If you are just starting out, your primary assets may include a house, a car, and possibly some items gifted to you. If you have a steady job that provides benefits, then your biggest free and clear assets are probably your life insurance provided by your job and/or some money that has been tucked away by you or for you in a pension plan. Neither life insurance nor pension plan money goes through your estate, so it’s not governed by your will. They go to designated beneficiaries under those benefit contracts. It is important to coordinate your will and estate plan with your retirement benefits and life insurance.
• Power of Attorney
  Anyone eighteen years of age and of sound mind can sign a will. Someone else can write your will for you, but only you, or someone you give power of attorney to, can sign it to make it official. There are several formalities required in order to make a vaild will, so it is important to see an attorney to make sure that your will will be enforceable when you die.

Finance Law

• Bankruptcy
• Foreclosure
  A foreclosure is a type of legal action that a lending institution, such as a bank, can take if a borrower has defaulted under a loan agreement. If you have a mortgage loan on your property and you default by failing to make payments, or perhaps failing to pay your taxes or insurance, the lending bank may file a lawsuit against you called a mortgage foreclosure action. You may or may not have the right to defend that lawsuit, depending on the nature of your default and what your mortgage documents say. If the bank succeeds in obtaining a judgment against the property owner in the mortgage foreclosure action, the bank can then ask the county sheriff to have the property sold in a public sale, and the proceeds of that sale will be used to help satisfy the outstanding balance owed to the bank.
• Tax Law
  Yes. There's more to incorporating a business than just filing an "articles of incorporation" with the Corporation Bureau. Even if you know the business entity that's right for your enterprise, there is a host of issues you need to address before filing your corporate documents.  An attorney can help you think through those important issues, so that you are not unpleasantly surprised later by unexpected tax issues, voting rights disputes, liability matters or other common problems that can arise without careful planning. An attorney will help you get your business off on the right foot by helping you with your organizational documents such as bylaws, operating agreements, stock shares or member certificates and by establishing a framework to maintain proper minutes, elect officers and streamline other business necessities relating to your corporation.
• Debt Collection
  "Commercial litigation" is just a way of referring to the kinds of lawsuits that affect businesses. The subject matter of such lawsuits often includes contract disputes, debt collection, trade secrets, personnel matters, discrimination claims and similar topics. If a dispute has ripened into a lawsuit, and it involves a business, it is commercial litigation.