Lawrence D. Brudy & Associates, Inc. Attorneys at Law January 2011 Edition
Inside this issue: Practice Areas Estate Planning Subsurface Interests Relocation Real Estate Business / Tax Prep Staff Bios Title Opinions
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Lawrence D. Brudy & Associates, Inc. is a PA law firm and licensed Title Insurance Agency in PA and Ohio. The firm is comprised of Attorneys, Certified Public Accountants, licensed Title Insurance Agents, Real Estate Brokers, Paralegals and Legal Assistants. Members of the firm have graduated from schools that include Carnegie Mellon University, Community College of Allegheny County, Academy of Court Reporting and Technology, Duquesne University, St. Vincent College, Dickinson School of Law, University of Pittsburgh, Robert Morris College, Drew University, University Of Pittsburgh School Of Law and Ohio Wesleyan University.
Our office is located at: 2500 Brooktree Road , Suite 301 Wexford, PA 15090 (724) 935-1400 (724) 935-1415 fax
The professional staff are licensed with many possessing memberships in: Allegheny County Bar Association, Title/ Appraisal Vendor Management
Our Staff Members Lawrence D. Brudy, Esquire lbrudy@ldbassoc.com Darcy M. Dayton, Esquire ddayton@ldbassoc.com David A. Neely, Esquire dneely@ldbassoc.com Jennifer L. Esquire jenciso@ldbassoc.com Thomas Kearn, CPA tkearn@ldbassoc.com Julie L. Morris, Senior Paralegal jmorris@ldbassoc.com Paula J. Klein, Paralegal pklein@ldbassoc.com Britney M. Monteverde, Title Examiner bmonteverde@ldbassoc.com Donald J. Ruth, Title Examiner druth@ldbassoc.com
Association (TAVMA), PA Land Title Association (PLTA), American Association of Professional Landmen (AAPL), Energy & Mineral Law Foundation, United States Tax Court, United States District Court for the Western District of PA, United States Court of Appeals for the Third Circuit, United States Supreme Court, PA State Court, PA Institute of Certified Public Accountants and the Realtors Association of Metropolitan Pittsburgh. The firm maintains a secure office of several thousand square feet of space in Wexford, Allegheny County with close proximity to Routes 8, 19, 79, 279 and the PA Turnpike. Office hours are Monday – Friday 7:30 a.m. – 6:00 p.m., Saturday and Sunday 9:00 a.m. – 3:00. p.m.
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Our Practice Areas The firm’s primary practice area is real property, providing representation for individuals and corporate clients in real estate buy/sell transactions, legal opinions as to ownership of oil, gas, coal and mineral interests, lease negotiations, corporate relocation, business selection / formation, estate planning / administration and litigation. Our goal is to provide clients with cost effective, efficient legal representation.
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Want to Go Green? Receive your copy in your inbox by contacting Julie L. Morris at jmorris@ldbassoc.com
Real Estate • Relocation • Refinance Oil & Gas • Leasing • Mineral Interests Estate Planning • Estate Administration • Wills, Trusts, Estates Litigation • Civil • Criminal • State • Federal • Accounting • Tax Preparation Business • Selection • Formation
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Subsurface Interests The firm’s attorneys represent clients in all PA counties as to the marketability of oil, gas, coal, clay, limestone, and associated hydrocarbons. Legal services include the negotiation of lease terms, as to the impact (protection) of the surface, crops, timber and water. Bonus payments and royalty percentages that our attorneys negotiate add value to the land. In addition to providing counsel to real estate brokerages, realtors, buyers and sellers as to the drafting of agreements of sale, we produce certified title opinions back 150 years for the determination on the ownership of subsurface interests, which can and have been used for permitting, financing and marketing of property. Our opinions which include legal recContact Lawrence D. Brudy, Esq. for information on Certified Title Opinions.
ommendations as to business decisions and curative requirements are presented in custom full color, bound, unbound, on compact disc and electronic formats. Our full time staff of professionals spend over 2000 hours each month on behalf of clients involving the determination of ownership of subsurface interests. The PA Association of Realtors Standard Agreement for the Sale of Real Estate now provides an oil, gas and mineral rights addendum addressing issues of examination, exception and/or reservation of oil and gas interests. Buyers have the option via this addendum to conduct due diligence as to the marketability of subsurface interests. We have developed special deed language for conveyances, exceptions and reservations of these interests and the impact on the surface owner for development.
Estate Planning & Administration The firm’s attorneys regularly prepare estate plans for clients that include last will and testaments, testamentary revocable and irrevocable trusts, durable general/specific powers of attorney, healthcare powers of attorney, living wills and family limited partnerships. Properly prepared in advance, these documents can direct assets, save and minimize estate taxes and provide for the surviving spouse and children. The purchase of a home, the arrival of a new baby, bonus and royalty payments from recently signed oil and gas leases and/or an inheritance of wealth are some of the events that can be addressed with estate documents. Jointly held accounts (when appropriate), life insurance and transfer of oil/gas/coal mineral interests and rights are all available tools to pass wealth to family members. Estate administration involves the “probate” or placing of the original valid will of record. The opening of an estate involves the executor or administrator taking an oath of fiduciary responsibility for gathering, protecting and distributing estate assets. Many people have elected to place assets into “living trusts.” We counsel and guide individuals through the morass of paperwork, identify probatable, nonprobatable, taxable and nontaxable assets that pass in and outside of these trusts. Generally, the executor or administrator selects the attorney to represent the estate, who may or may not have been the drafter of the last will and testament. Our attorneys have represented estates in many western PA counties.
Contact Julie L. Morris at jmorris@ldbassoc.com for a complimentary estate planning preparation package and to schedule your in-person consultation.
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Certified Title Opinions The Attorneys, Paralegals, Abstractors, and Legal Assistants of Lawrence D. Brudy & Associates, Inc invest over 2,000 hours per month abstracting, compiling, interpreting and producing Certified Title Opinions. Our firm’s opinions provided in your or our format comes in full color, bound, unbound, on compact disc or transmitted electronically, all from our in-house production department. Our opinions include: 1. Detailed Chains of Title including Sheriff, Tax, Foreclosure, adverse, outsales, specific devises from estates, intestate succession, intra-family and arms length conveyances; 2. Oil & Gas exceptions, reservations, severances, assignments, leases, surrenders, division / ratification orders, pooling and unitization agreements; 3. Coal deeds, agreements, leases and assessments for all veins and seams; 4. Rights of Ways and Easements; 5. Mortgages, Lines of Credit, Uniform Commercial Code Filings; 6. Estates—Life, specific and residual devises, heir identification, payments of inheritance taxes; 7. Timber and Spring Agreements 8. Judgments, liens, taxes; 9. Clean & Green (Act 319) Conservation Reserve Program, Conservation Reserve Enhancement Program filings.
Subject, Common Grantor and Coal tracts are “deed plotted” in full color when accurate metes and bounds descriptions are provided in the recorded documents. When declared or prospective units are established, abstracting and review economies of scale can be employed for cost advantages to the client as many current tracts may have historical similarities of ownership of surface and subsurface estates. The firm employs abstractors able to work in all Pennsylvania Counties impacted by the Marcellus and Utica Shale Formations in additional to shallow well drilling areas. Sample “Sanitized” title opinions can be provided for review upon request. Contact Lawrence D. Brudy, Esquire at lbrudy@ldbassoc.com or jmorris@ldbassoc.com for more information. Frequently Asked Questions: Do I own the Oil & Gas Interests under my land? Maybe. Our firm’s abstractors, attorneys, paralegals and legal assistants search courthouse records back to the early 1800’s for evidence in the chain of title as to exceptions, reservations and/or conveyances of oil and gas interests, which are presented to clients in legal opinions. Why do I need an Estate Plan? Last Will and Testaments, Trusts, Powers of Attorneys and Living Wills prepared by our attorneys can direct assets, save or minimize estate taxes and provide for personal instruction at critical times of need. Accidents and emergencies can happen at any time, property prepared Estate Plans in advance can provide of peace of mind. I am buying a house and paying cash (no bank financing) do I need the services of a lawyer? Absolutely. Our attorneys, paralegals and abstractors conduct a search of courthouse records, order municipal/tax lien letters, mortgage payoffs all to produce a “marked up” title commitment ensuring good and marketable title to the property. Lawrence D. Brudy & Associates, Inc. issues title insurance for purchases and refinances as an exclusive Title Insurance Agent for Chicago Title Insurance Company.
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Lawrence D. Brudy, Esquire Lawrence D. Brudy serves as the firm’s President. He has over 25 years of business, real estate and legal experience. Mr. Brudy concentrates his practice in the areas of real propertyincluding residential/commercial real estate, oil/gas/coal, business and estates. Mr. Brudy is a licensed PA Real Estate Broker, Notary Public and PA and Ohio Title Insurance Agent. Mr. Brudy earned his Bachelor’s degree from the University of Pittsburgh, Master’s degree from Carnegie Mellon University and his Juris Doctor from the Duquesne University School of Law, where he competed in the National Tax Moot Court Competition and was inducted into the Appellate Moot Court Honor Society, The Order of Barristers and Justice Louis L. Manderino Honor Society. In addition to being admitted to all PA state courts he is admitted to practice before the United States District Court for the Western District of PA, the United States Court of Appeals for the Third Circuit, United States Supreme Court and the United States Tax Court. Mr. Brudy has taught Paralegal Real Estate courses for the National Business Institute, authored articles for the National Culinary Review magazine and the Central Atlantic States Association of Food and Drug Officials. Mr. Brudy has represented thousands of buyers and sellers in residential real estate transactions, negotiated oil and gas leases for landowners in multiple PA counties and has produced and certified hundreds of title opinions for oil, gas and coal interests.
David A. Neely, Esquire David A. Neely was born and raised in New Brighton, Beaver County and obtained his undergraduate degree from Indiana University of Pennsylvania and his law degree from Duquesne University in 1987. Mr. Neely has 24 years of litigation experience and has practiced in State Courts throughout Pennsylvania and West Virginia. Mr. Neely’s major emphasis is on trying cases and using the art of persuasion to convince a jury to rule in favor of his clients. Mr. Neely tends to focus his practice on personal injury matters, such as automobile accidents and defective products. In addition he concentrates on insurance disputes, particularly bad faith issues. In 2005, he obtained a $1.5 million dollar verdict against a major insurance company. Mr. Neely maintains strong ties in Beaver County and Allegheny County, where he resides with his wife, MaryAnn.
Jennifer L. Enciso, Esquire Jennifer was born and raised in Arnold, Pennsylvania. She attended Geneva College and graduated with a Business Management degree. Jennifer continued her education and was accepted into the Duquesne University School of Law where she became a member of the school’s prestigious Law Review. She currently resides in Warrendale with her husband and five-year old son. Jennifer has over 18 years of combined real estate, corporate relocation, business and legal experience. Jennifer supports the firms’ Real Estate practice.
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Julie L. Morris, Senior Paralegal Julie Morris was born in West Virginia and raised on the West Coast. She graduated from Green Valley High School in Las Vegas, Nevada and upon completion moved to Pittsburgh, Pa. After moving to Pittsburgh, Julie was a business machines specialist. She earned her Associate's Degree from the Academy of Court Reporting & Technology, where she graduated Summa Cum Laude with a major in Paralegal Studies. Ms. Morris supports the energy practice of the firm preparing Certified Title Opinions. She is a bonded licensed Pa. Notary Public. In addition, she designs and produces all of the firm's in-house marketing materials, manages the office internally, and is the order processor for all oil and gas title orders. Julie is engaged and resides in West Deer Township with her 6-year-old daughter, Isabella and fiancé, James.
Shannon K. Buchanan, Esquire Shannon K. Buchanan is a member of the firm’s energy practice. Her practice focuses on the preparation of Certified Title Opinions, along with managing the curative measures on behalf of our energy clients to ensure leasing goals are met in a timely fashion. Mrs. Buchanan also handles all litigation matters that arise out of the energy practice. She joins our firm from California, where she practiced as a civil litigator and deputy district attorney. She is admitted to practice in the Commonwealth of Pennsylvania, State of California, and the United States District Court for the Western District of Pennsylvania and the Central District of California. Mrs. Buchanan earned her Bachelor’s Degree from the University of California, Master’s Degree from the University of North Texas, and her Juris Doctor from Chapman University School of Law.
Donald J. Ruth, Title Examiner Donald J. Ruth was born and raised in Moon Township, Pennsylvania. He attended Community College of Allegheny County as a business management and accounting double major. Mr. Ruth relocated to Columbus, Ohio in 2004 and worked for a law firm concentrating in commercial real estate, returning to the Western Pennsylvania area to reside in Sewickley, PA in 2008. Mr. Ruth has over 10 years of both commercial and residential title experience and supports the real estate and energy practices of the firm.
Paula J. Klein, Paralegal Paula J. Klein earned her Associate’s Degree from the Academy of Court Reporting & Technology where she graduated Summa Cum Laude with a major in Paralegal Studies. Mrs. Klein supports the energy practice of the firm preparing Certified Title Opinions.
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Thomas J. Kearn, Certified Public Accountant Thomas J. Kearn has over 25 years of experience in the areas of accounting, tax, and personal/ business financial planning. Mr. Kearn provides year round tax planning advice for clients, including the preparation of tax returns for individuals, partnerships and corporations. He is very involved in the creation of business plans for “start up” companies to obtain financing, the review of accounting systems and the preparation of financial statements. Mr. Kearn graduated magna cum laude from Robert Morris College with a Bachelor’s Degree.
Anjelica Derian, Legal Assistant Anjelica Derian graduated from Duff’s Business Institute with an Associate’s Degree as a Paralegal and specializing in Business and Accounting. She has over 15 years of legal experience, in bankruptcy, domestic relations, criminal, personal injury and real estate. Ms. Derian lives in Pittsburgh’s historic Troy Hill with her 2 children and 5 dogs. Ms. Derian supports the energy practice of the fir
Britney M. Monteverde, Legal Assistant Britney was born in Fox Chapel, Pa and grew up in Gibsonia. After high school graduation, she was accepted to Community College of Allegheny County where she is currently a business major. Britney supports the attorneys in the oil and gas practice area.
Darcy Monteverde Dayton, Esquire Ms. Dayton grew up in Fox Chapel, Pa and attended Fox Chapel High School. Ms. Dayton was accepted during early admissions to Duquesne University. Darcy focused on Sociology with an emphasis on Criminal Justice and a minor in Psychology. While an undergraduate she was accepted into Alpha Kappa Delta, the International Sociology Honors Society. Ms. Dayton continued her education at Duquesne University School of Law graduating in 2004 and successfully passing the PA Bar Exam the same year. Ms. Dayton’s practice areas include real estate, corporate relocation, estate planning/administration and business. Darcy resides in McCandless Township with her husband, Brian and six year old daughter, Dylan.
Residential & Commercial Real Estate
“Claims Free”
The Attorneys, Paralegals and Legal Assistants in the Real Estate practice area have over 50 years of experience providing low cost representation for buyers, sellers and lenders issuing title insurance for purchase and refinance transactions, as an exclusive agent for Chicago Title Insurance Company. The firm proudly maintains its “Claims Free” status as a Title Insurance Agency with thousands of lenders and owners policies issued. We are an independent title insurance agency working with lenders from across the country. The attorneys travel to closings
Contact Darcy M. Dayton, Esquire at ddayton@ldbassoc.com for a specially prepared manual of PA Title Insurance Rates.
during regular business hours at no extra cost in the following PA counties, Allegheny, Butler, Beaver, Washington, Westmoreland, Lawrence, Mercer, Somerset, Greene and Fayette. We prepare a custom formatted compact disc of all documents including “Marked Up” title commitments and full color deed plot legal descriptions in the borrower packages. All fully executed lender documents are overnighted within 24 hours.
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Lawrence D. Brudy & Associates, Inc. Attorneys at Law 2500 Brooktree Road, Suite 301 Wexford, Pennsylvania 15090 Phone: (724) 935-1400 Fax: (724) 935-1415 Toll: (855) 935-1400
Lawrence D. Brudy, Esquire lbrudy@ldbassoc.com Want to Go Green? Receive your copy in your inbox by contacting Julie L. Morris at jmorris@ldbassoc.com
Corporate Relocation
Business / Accounting / Tax
Whether Western PA is the destination or departure location of transferees, our attorneys have represented thousands of individuals buying or selling their homes. We work with the relocation companies, their representatives and realtors providing legal services, title searches, printing / preparing lender packages, negotiating agreements of sale and home inspection issue resolution. We work with all lenders, real estate companies, third party vendors and travel to closings.
Our Attorneys and Certified Public Accountants advise and counsel individuals on the legal and tax ramifications of entity selection for profit and not for profit corporations, limited liability companies, partnerships and sole proprietorships. We regularly represent start-up and mature companies and organizations preparing corporate by laws, operating agreements, stock certificates and employment contracts.
Contact Thomas J. Kearn, CPA at 724-935-1400 to schedule an appointment to review your 2010 tax file. Mr. Kearn is available to work with our or your team of professionals for estate planning in addition to preparing individual and business tax returns.
Litigation The firm’s attorneys represent individuals and business clients in a variety of matters, including personal injury, contracts, landlord tenant, home owners association, quiet title and curative actions involving oil, gas and coal interests, family and criminal matters. We have handled litigation matters in multiple Western Pennsylvania Counties in State and Federal Courts.