- Child SupportThe goal of most consumer bankruptcies under both Chapter 7 and 13 is the granting of a discharge. A discharge is a court order that says you do not have to repay your debts, but there are a number of exceptions. Debts which may not be discharged include, for example, most taxes, child support, alimony, and student loans; court-ordered fines and restitution; debts obtained through fraud or deception; and personal injury debts caused by driving while intoxicated or taking drugs. Your discharge may be denied entirely if you, for example, destroy or conceal property; destroy, conceal or falsify records; or make a false oath. Creditors cannot ask you to pay any debts which have been discharged. You can only receive a chapter 7 discharge every six (6) years.
- Spousal SupportThe practice of family law deals with some of the most personal and at times, complex issues a client can face. The practice consists of family related issues and domestic relations including divorce, child and spousal support, custody, paternity fraud and testing, equitable distribution of marital property, alimony, APL, protection from abuse and adoptions. Leventry, Haschak, & Rodkey, LLC. provides legal services in all of these areas to help protect your legal rights. If you are in the process of separating from your spouse or significant other, it is possible that you may encounter many complex issues with respect to these matters. Not to mention that clients often face some of the most crowded court dockets in this arena. In order to face these difficult issues, and understand each of the steps in the process, we encourage our clients to set up a consultation as early as possible in order to prevent complications and unwanted delays.
- Criminal DefenseTerry L. Graffius has been an associate attorney with Leventry, Haschak & Rodkey, LLC since June of 2002. He has over 20 years of experience assisting clients in the areas of Family Law, Bankruptcy, Criminal Matters, and Civil Litigation. His Family Law practice consists of representing clients in matters of divorce, custody, support and adoption. Mr. Graffius also works with clients in filing for consumer bankruptcy under chapter 7 or 13 of the Bankruptcy Code. Attorney Graffius also handles landlord/tenant issues for clients in the region.
- DUI/DWICriminal Defense Attorney Jeffrey Miller is one of only a few attorneys in the area qualified to represent individuals in death penalty cases. We work with clients in matters concerning criminal law and DUI issues in Johnstown, Indiana, Westmoreland, Somerset, Bedford, Altoona, as well as other surrounding areas. We understand that when your reputation, finances, and even your personal freedom are on the line, you need solid advice and committed representation — we provide both.
- Wrongful Death
- Traffic Violations
- Sex Crimes
- Assault
- Murder
- Corporate LawCorporate and Business Law are of the utmost importance to any person or group conducting business in the Commonwealth of Pennsylvania. After all, this area usually deals with your bottom line and how your compliance or non-compliance with the regulations affects your ability to make a profit.
- Business DisputesThis division of civil law deals with the creation of partnerships, corporations, limited liability companies etc., and how those groups must act or interact with various other parties. Business law also deals with the rules and regulations associated with how entities conduct various transactions, such as entering into contracts, hiring employees, rules of governance and conduct of company business.
- Limited Liability Companies
- Workers CompensationWorkers Compensation is a form of insurance that employers pay to the State of Pennsylvania. Workers Compensation provides compensation for workers injured at the work place, as well as, during the performance of employee’s duties occurring outside of the work place. Workers Compensation insurance will pay, if an employee is eligible, for the health costs, as well as, provide compensation to the employee during their period of injury. If an employee is denied workers compensation, our office will assist the employee in receiving workers compensation through the administrative workers compensation claims process. This process involves not only filing claims but gathering appropriate medical evidence through expert witnesses, depositions and interrogatories that substantiate that the employee’s injury is work related.
- Wrongful TerminationLHR’s Labor and Employment Law practice group possesses substantial experience and knowledge with employment law matters involving small and large employers and their employees in both the private and public sector. Having represented an extensive group of clients in areas such as employment contracts, unemployment compensation, collective bargaining, wage payment, working conditions, allegations of retaliation or whistleblower violations, discrimination, workplace safety, worker’s compensation, and claims of wrongful discharge, LHR is prepared to represent both employer and employee in matters stemming from employment law, including litigation before courts and administrative bodies.
- Employment Contract
- Real Estate LitigationThe Real Estate Practice group at Leventry, Haschak & Rodkey, LLC handles transactions involving the purchase and sale of all types of real property including: residences; rental properties; vacant land; commercial/industrial properties; and mineral, oil and gas rights.
- Construction LitigationOur land development attorneys understand that each project presents a unique set of challenges and opportunities. Our goal is to guide our clients through the land development process as quickly and cost effectively as possible while taking care to comply with the very technical requirements of the various laws, ordinances and regulations. To accomplish this, our land development attorneys work with the real estate, construction law, administrative/government law, and municipal law attorneys within our firm as well as a vast network of engineers and consultants throughout the region. Whether you are planning a housing development, shopping center, condominium complex, or factory, a land development attorney at Leventry, Haschak & Rodkey, LLC can help you see your project to completion.
- Real Estate TransactionsCommercial Lending combines aspects of contract, real estate, and regulatory law. Commercial loans are commonly secured by real or personal property but can also take many other forms. These loans, for obvious reasons, tend to be for much higher dollar amounts as well. Commercial Lenders include groups such as the commercial banking industry, mutual companies, private institutions, investment groups, or other “equity players”. These loans are more complex, and governed by a different set of rules than consumer loans. Contrary to popular belief, many of the consumer protection and truth in lending laws that apply to residential real estate transactions do not relate to commercial real estate loans and contracts. It is important that you are represented by an attorney experienced with the nuances of commercial lending. It is not uncommon for commercial loan documents to go through several iterations of review and negotiation by both parties prior to the loan commencement. In short, you want to be clear on what your responsibilities are to the contract, and negotiate the most favorable terms possible.
- Personal InjuryAt Leventry, Haschak & Rodkey, LLC, we have experience with negotiating a satisfactory award and litigation of personal injury and accidents to attain a judgment in our client’s favor. Attorneys’ fees are not charged but are charged on a contingency fee basis, which is a percentage of the final settlement. Even though we do not charge anything for the work performed on such cases, the client is responsible for any costs, such as requests for records from medical providers, police and ambulance and filing fees required by the court. These costs will need to be paid either as a retainer or upon request.Â
- Social Security DisabilitySocial Security Disability Insurance is a Federal Program that if a disabled party is eligible will pay monthly benefits to workers who are no longer able to work due to a significant illness or impairment that is expected to last at least one (1) year or which is expected to result in death within one (1) year. Social Security Disability is part of the Social Security Program and is based on the disabled workers past earnings. Disability benefits are paid to the disabled worker and to his/her dependent family members. To be eligible for Social Security Disability Benefits, the Social Security law states that an applicant must be unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or is expected to last for a continued period of at least 12 months. Furthermore, the impairment or combination of impairments must be of such severity that the applicant is not only unable to do his/her previous work but cannot considering his/her age, education and work experience engage in any other kind of substantial gainful work which exists in the National economy.
- Medicaid PlanningElder law is an area of legal practice covering Estate Planning, Wills, Trusts, arrangements for elder care, Social Security and retirement benefits. As our society in general becomes older due to the populations longevity, this area of practice has become more important. (Consultations regarding Elder Law/Medicaid Planning include discussions concerning long term care planning, Medicaid, medical directives, Medicare, nursing home issues and Social Security.) A major planning component of Elder Law is addressing how one’s long term care will ultimately be paid for. Medicaid, a Federally sponsored program administered through the State, will pay for skilled nursing home care for a qualified recipient. Qualifying for Medicaid involves reviewing the income and assets of the party who is receiving care in a skilled nursing home and the assets and income that will remain available to the spouse who is not receiving care. In Medicaid terms, these parties are referred to as the “institutionalized†and “community spouse.†A primary objective of Medicaid planning is to plan the transfer assets to the community spouse and family and still have the institutionalized spouse qualify for Medicaid. This type of planning includes lifetime gifts, the use of Irrevocable Trusts and maximizing the use of allowable expenses by the institutionalized and community spouse prior to the institutionalized spouse entering a skilled nursing home facility. The plan needs to ensure that the community spouse is receiving the maximum income permissible by law, as well as retaining the maximum number of assets available to them under the Medicaid law.
- Estate PlanningRandall C. Rodkey is a Partner at the firm. Prior to joining Leventry, Haschak & Rodkey, LLC in 2003, he was a sole practitioner in the private practice of law since 1968. His practice has emphasized the areas of municipal and public employment law and a general practice in residential and commercial real estate, estate planning and administration, and personal injury. Mr. Rodkey was previously a solicitor for the City of Johnstown, Richland Township, Geistown Borough, and assistant solicitor for Cambria County. He is currently the solicitor for Dale Borough (since 1968) and Highland Sewer and Water Authority (since 1974), and a Region Attorney for the Pennsylvania State Education Association (since 1969).
- WillsFrom a medical and mental capacity standpoint, most Estate Plans contain durable Power of Attorneys which provide for a specified agent to handle the financial and personal affairs of the creator of the Power of Attorney. Living Wills are documents that specify directives concerning end of life decisions and permit you during your life time to express your intention about being maintained or not maintained on life support systems if you are ever in a condition where life support is the only process sustaining your life. In contrast, a Durable Medical Power of Attorney gives the Agent the power to make medical decisions relative to your medical care during your life time.
- TrustsEstate Planning is also typically done to eliminate uncertainties of administration of a probate estate and maximize the value of the Estate to your beneficiaries by reducing taxes and other expenses. In many instances, Trustees or Guardians are designated for minor children and/or beneficiaries with an incapacity. In the event that a party has an incapacitated child, Special Needs Trust are utilized to minimize the use of those assets while maximizing the benefit of governmental benefit.
- Power of AttorneyEstate Planning involves the preparation of a plan for the administration and disposition of one’s property before and after death, including Wills, Trusts, Gifts, Powers of Attorney and Living Wills. In more complex cases, other Estate Planning and tax savings documentation are used such as Irrevocable Life Insurance Trusts, Personal Residence Trusts, Charitable Giving either directly or through Charitable Trusts, Grantor Retained Income Trusts and Grantor Retained Annuity Trusts.
- Probate
- BankruptcyBankruptcy Law is Federal Statutory Law contained in Title 11 of the United States Code. Bankruptcy proceedings are supervised and regulated by the United States Bankruptcy Courts which are part of the United States District Court System. Johnstown is located in the Western District of Pennsylvania and our Bankruptcy Court is headquartered in Pittsburgh. However, hearings are scheduled in Johnstown for debtors from Cambria, Somerset, Blair, and Bedford counties.
- Tax LawThe practice of tax law deals with the laws and regulations set forth by local, state, or federal governments regarding how economic transactions are taxed. As we all know, taxes are levied based on your status as an individual, business, not for profit agency, etc. Taxation occurs on many levels, including income taxes, estate taxes, inheritance taxes, sales taxes, and gift taxes.  The difficulty of tax law is compounded by the ever changing set of rules and percentages paid.  Due to these circumstances, “Tax Law” attorneys are often employed in consulting roles to assist individu als and companies in keeping their tax responsibilities current and in preparing for upcoming changes that may impact their business. Attorney Tim Leventry has achieved a Master of Laws degree in the tax arena and assists a broad range of clients with tax law and litigation. If you have questions regarding IRS issues, gift or estate taxes, Local or County Tax disputes, or need representation in The United States Tax Court, our office can help. Please contact us to set up a consultation.