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  • Commonwealth v. Rohrbach

    Publication Date: 2022-01-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1518

    A vehicle parked in a low-lit part of a parking lot of a closed business, without more, was insufficient to give rise to reasonable suspicion of criminal activity, rendering police's stop of the vehicle unconstitutional. Order of the trial court affirmed.

  • Commonwealth v. Davenport

    Publication Date: 2021-12-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1495

    Police could conduct a pat-down search for officer/public safety while responding to a call for emergency aid after observing the person in need of aid in possession of a firearm. Judgment of sentence affirmed.

  • Commonwealth v. Hayes

    Publication Date: 2021-12-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1465

    Trial court erred in excluding Maryland DUI charge as a prior offense, where defendant had been ordered to Maryland's "probation before judgment" program, which could only be imposed following a conviction. Judgment of sentence vacated, case remanded for resentencing.

  • Commonwealth v. Merced

    Publication Date: 2021-11-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1299

    Trial court erred in granting habeas corpus relief to defendant after refusing to consider any of the hearsay evidence offered by the commonwealth, when the commonwealth had submitted a combination of hearsay and direct testimony. Order of the trial court vacated, case remanded for further consideration.

  • In re Adoption of K.M.D

    Publication Date: 2021-09-06
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1027

    Parents challenged the termination of their parental rights and court found agency's email of the petitions to parents constituted defective service where agency did not attempt service under Pa.O.C. rule 15.6 and §2513 (b) of the Adoption Act. Order vacated.

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  • Commonwealth v. Rogers

    Publication Date: 2021-09-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1017

    Trial court's weight-of-the-evidence review of its bench trial verdicts was subject to an abuse of discretion standard on appeal. Judgment of sentence affirmed.

  • Commonwealth v. Burke

    Publication Date: 2021-09-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1013

    Where the lower courts violated state precedent by relying exclusively on hearsay evidence at preliminary and habeas corpus hearings to find that the commonwealth established a prima facie case against defendant, the proper remedy was discharge without prejudice for the commonwealth to recharge defendant within the unexpired statute of limitations. The superior court reversed.

  • E.C.-S. v. M.C.S.

    Publication Date: 2021-06-14
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0683

    Trial court erred in denying father's motion to modify custody and in granting mother's motion for relocation because trial court's decision to forego interviews with the six-and seven-year-old children based solely on their ages constituted an abuse of discretion.

  • Circle K, Inc. v. Webster

    Publication Date: 2021-06-14
    Practice Area: Contracts
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0679

    Trial court properly granted summary judgment to husband and wife in appellant's action over its right of first refusal for a property they gifted to an inter vivos trust for $1.00 because the ROFR was not triggered. Affirmed.

  • Rivers End Animal Sanctuary & Learning Ctr. Inc. v. Eckhart

    Publication Date: 2021-05-24
    Practice Area: Civil Procedure
    Industry: Non-Profit
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0582

    Trial court erred in opening default judgment because defendant failed to establish a meritorious defense and violated rule 237.3 by failing to attach preliminary objections or an answer to petition to open default. Order reversed and subsequent orders vacated.