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  • Mariano v. Rhodes

    Publication Date: 2022-02-14
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0157

    Trial court erred in denying wife's motion to vacate divorce decree after she found her pleadings were never docketed because prothonotary rejected them due to her counsel's initial failure to file an appearance and pay the filing fee and court found prothonotary had no authority to reject wife's pleadings, her pleadings were timely and the divorce decree suffered from a "fatal defect apparent upon the face of the record." Motion granted, divorce decree vacated and remanded.

  • Commonwealth v. Jackson

    Publication Date: 2022-01-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1515

    Trial court erred in suppressing evidence where police could lawfully detain an individual for further questioning as a potential victim, witness, or perpetrator of a shooting, after that individual admitted to police that they were running from a shooting. Order of the trial court vacated, case remanded.

  • 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.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

    View this Book

    View more book results for the query "*"

  • 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.

  • 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.