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  • Commonwealth v. Caraballo

    Publication Date: 2024-10-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 539 MDA 2023

    Evidence was sufficient to convict for DUI where footage demonstrated driver's lack of balance, slurred speech, and admission to consuming prescription medication. Judgment of sentence affirmed.

  • In re: Estate of Grigg

    Publication Date: 2024-10-04
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 862 WDA 2023

    Weight of evidence supported trial court's rejection of will where it discredited fact witness evidence regarding execution of the purported will, allowing the trial court to rely on expert testimony opining that the signature was a forgery. Order of the trial court affirmed.

  • Whitaker v. Lu

    Publication Date: 2024-09-27
    Practice Area: Deals and Transactions
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1698 MDA 2023

    The court quashed the attempted appeal by appellants from the judgment of possession entered by the trial court in favor of appellees because the judgment of possession was not a final and appealable order.

  • Sensenig v. Greenleaf

    Publication Date: 2024-09-20
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 876 WDA 2023

    Trial court erred in denying appellants' petition for reimbursement from neighbors for proportional expenses for repairing an easement across appellants' land because under the plain and unambiguous language of the settlement agreement and easement deeds, the easement owners and appellants agreed and covenanted to share the costs of any "maintenance." Reversed.

  • Commonwealth v. Cahill

    Publication Date: 2024-09-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 140 MDA 2024

    Appellant appealed from the trial court's judgment of sentence entered on his conviction of crimes charged after he was pulled over for driving with a license plate cover. The court affirmed, holding in pertinent part that the trial court properly denied appellant's motion to suppress where police had probable cause to suspect that he violated the license plate cover law as it existed at the time of the stop.

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  • Commonwealth v. Stevens

    Publication Date: 2024-08-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1495 MDA 2023

    Appellant appealed the trial court's judgment of sentence on his jury conviction of two counts each of possessing an offensive weapon and possessing a weapon or implement of escape. Appellant argued that the offense of prohibited offensive weapons was a lesser included offense of the crime of weapons or implements of escape. The court affirmed, holding as a matter of first impression that the offenses did not merge for purposes of sentencing.

  • Hall v. Bartron

    Publication Date: 2024-08-23
    Practice Area: Family Law
    Industry: Agriculture | Construction | Retail
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1686 MDA 2023

    Mother appealed the trial court's order setting father's child support obligation after she sought upward modification. The court affirmed in part, vacated in part, and remanded, holding that the trial court did not abuse its discretion when it failed to include the profits of father's closely-held corporation in its calculation of father's monthly net income, when it failed to include rental incomes paid by the corporation to father, or when it annualized mother's personal injury settlement until the couple's child turned 18 rather t

  • Tedesco Excavating & Paving, Inc. v. FHW Dev., LLC

    Publication Date: 2024-07-05
    Practice Area: Contracts
    Industry: Construction
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 995 WDA 2022

    Anticipatory repudiation of contract gave counterparty the right to treat the contract as immediately terminated, which absolved the counterparty of its obligation to honor the repudiating party's right to terminate without cause. Judgment of the trial court affirmed.

  • G.K. v. LaBella

    Publication Date: 2024-06-28
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 367 WDA 2023

    Petition to strike a discontinuance of an action constituted a new matter that divested the appellate court of jurisdiction due to the pendency of the action before the trial court. Appeal quashed.

  • Commonwealth v. Cross

    Publication Date: 2024-06-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 926 WDA 2023

    Court quashed appeal from judgment of sentence on four severed counts, where appellant had other counts pending and severance did not create a separate proceeding in criminal cases. Appeal quashed.