Attorneys

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David M. Zimmerman

Partner
dmz@bgdlawfirm.com

Overview and Experience

Dave has been a partner with Bonya Gazza & DeGory, LLP, since 2001, and has been with the firm since graduating from the University of Pittsburgh School of Law in 1991. His practice is wide ranging, with a focus on litigation, real estate, oil and gas, and other business and personal matters.

Dave represents individuals and U.S. and Canadian businesses in litigation matters, including cases involving contract disputes; trespass; construction matters; timber disputes; real estate and personal property ownership disputes; eminent domain matters (including condemnors and condemnees); tax assessment and other tax matters; account collections; judgment enforcement and collection; and fraudulent transfers of assets.

Dave represents businesses and individuals in real estate sale and purchase transactions; non-compete matters, including review and enforcement of non-compete covenants and agreements; corporate formations; fictitious name registrations; regulatory compliance; estate planning, including wills, powers of attorney and living wills; and estate administration. Dave represents oil and gas operators and mining companies as to title opinions, title curative efforts, and leasing and land use matters. He also represents individuals in oil and gas lease and ownership matters.

Dave has significant experience representing businesses and individuals in civil litigation in Western and Central Pennsylvania. Dave’ litigation experience includes:

  • Jury and bench trials.
  • Appeals before the Pennsylvania Commonwealth, Superior and Supreme Courts.
  • Condemnations, including litigation under the Pennsylvania Eminent Domain Code; de facto takings; and pre-condemnation dispute work-outs.
  • Commercial matters, such as breach-of-contract claims, Uniform Commercial Code claims, and business torts.
  • Construction and construction materials matters, including payment disputes, construction defect claims, and warranty claims.
  • Real estate matters, including ownership, boundary line and title disputes.
  • Personal injury claims, both pursuing and defending against claims.
  • Representing taxpayers in tax assessment appeals and other tax sale matters.

Dave has substantial experience in handing appellate cases before the Pennsylvania appellate courts, where he has obtained favorable outcomes in all cases except one and numerous published opinions. (Read more HERE.)

In his oil and gas and coal work, Dave regularly represents companies in land issues, litigation, regulatory appeals, and general business matters.

Dave’ experience includes:

  • Reviewing and issuing title opinions as to oil and gas leasing and development.
  • Litigating a variety of cases, including eminent domain matters, business account collections, quiet title and declaratory judgement matters, title clean-up, payment disputes, property damage claims, and tax-related matters.
  • Advising clients on environmental matters, including appeals before the Environmental Hearing Board.
  • Representing clients in water loss and degradation claims in court and before the Environmental Hearing Board.
  • Advising clients on negotiating contracts, abandoned and unclaimed property matters, municipal ordinances and land use, and other matters.

Dave also regularly represents businesses and individuals with respect to matters such as:

  • Real estate sales, purchases, leasing, and development.
  • Corporate, LLC, and business entity formations and counseling.
  • Contract review and preparation.

Admissions and Affiliations

Dave is admitted to practice in Pennsylvania and North Carolina (inactive) and the following courts:

  • Supreme Court of Pennsylvania
  • Commonwealth Court of Pennsylvania
  • Superior Court of Pennsylvania
  • All Pennsylvania Courts of Common Pleas
  • U.S. District Court for the Western District of Pennsylvania
  • U.S. Court of Appeals for the Third Circuit

Dave is a member of the Indiana County Bar Association and the Pennsylvania Bar Association.

Education and Past Experience

Dave earned his J.D. in 1991 from the University of Pittsburgh School of Law, and a B.S. in Aerospace Engineering from the Pennsylvania State University in 1984. He worked as a project engineer for the Naval Ordnance Station, Indian Head, Maryland (now known as the Naval Support Facility Indian Head) for four years, where he designed, tested and produced cartridge explosive devices for Navy weapons systems, including the Tomahawk Cruise Missile, SEAWARS (the Sea Water Activated Release System), and the MK50 Torpedo. He entered law school in 1988 and has been with BGD since earning his J.D. in 1991.

Community Involvement

Since moving to Indiana from Pittsburgh in 1991, Dave has been an active member of the Indiana area community, through the following:

  • Member, Board of Directors, Indiana County Endowment (current)
  • Member-at-Large, Board of Directors, Indiana Area Lacrosse Club (current)
  • Youth Coach, Indiana Little League
  • Program Coordinator & Coach, Indiana Area Soccer Boosters, Pee Wee Soccer Program
  • Program Coordinator & Team Representative, Indiana Area High School Boys Lacrosse
  • President and Member, Board of Directors, Indiana Area Lacrosse Club
  • Member, Development Advisory Board, St. Bernard School
  • Chair, St. Bernard School Education Improvement Tax Credit Program
  • VP and Member, Board of Directors, Big Brothers & Big Sisters of Indiana County
  • Treasurer and Member, Board of Directors, Birthright of Indiana County

Personal

Dave was born and raised in the Robinson Township suburb of Pittsburgh, and graduated from Montour High School in 1980. He has lived in Indiana since moving here in 1991, and has been married to Helen McEachen Zimmerman since 1995. Dave and Helen have three children: their oldest child, Mary, is a 2018 graduate from the University of Pittsburgh School of Nursing; their son, David, is a junior at the School of Mechanical Engineering at the Georgia Institute of Technology; and their youngest, Grace, is a freshman accounting major in the School of Business at the University of South Carolina.

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For more than 40 years, BGD attorneys have been representing businesses and individuals in a wide variety of legal matters.
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