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  • Commonwealth v. Lear

    Publication Date: 2023-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 700 EDA 2022

    Trial court erred in denying Rule 600 motion to dismiss based on judicial emergency orders, where several of the orders expressly declared a court postponement, requiring the trial court to determine whether the commonwealth exercised diligence in bringing defendant to trial. Denial of motion to suppress affirmed, case remanded for new Rule 600 hearing.

  • Smith v. O'Brien

    Publication Date: 2023-02-06
    Practice Area: Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 837 EDA 2022

    Defendant appealed a discovery order directing her to disclose a conversation with her deceased husband and court found the discovery order did not satisfy the second and third prongs of the collateral-order doctrine because no harm or discord could befall a marriage that no longer existed. Appeal quashed.

  • Page Publ'g, Inc. v. Hemmerich

    Publication Date: 2023-01-16
    Practice Area: Contracts
    Industry: Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 289 WDA 2022

    Trial court properly ruled sua sponte that it lacked subject matter jurisdiction because there was no dispute between the parties in publisher's declaratory judgment action against author asserting an arbitration clause required author to pursue any potential breach of contract claims before an arbitrator. Affirmed.

  • Wilson v. Smyers

    Publication Date: 2022-10-31
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 128 WDA 2022

    Trial court did not abuse its discretion in granting grandmother unsupervised partial custody of her grandchild and thoroughly considered the amount of personal contact between grandmother and grandchild prior to modification action and reserved to mother the right to determine how best to tell child the truth about his parentage. Affirmed.

  • Commonwealth v. Moser

    Publication Date: 2022-10-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 426 MDA 2022

    Files from cell phone's "notes" application fell within scope of search warrant seeking messages related to the nature of the relationship between defendant and the victim, where warrant could be interpreted as not limiting the scope to sent messages but instead including draft messages that could be contained in a note. Judgment of sentence affirmed.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

    View this Book

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  • Gustafson v. Springfield, Inc.

    Publication Date: 2022-09-05
    Practice Area: Products Liability
    Industry: Manufacturing | Retail
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0994

    Protection of Lawful Commerce in Arms Act was unconstitutional because it regulated state tort litigation which had too attenuated a link to interstate commerce and infringed upon the states' police powers under the Tenth Amendment. Order of the trial court reversed, case remanded.

  • Funk v. Empfield

    Publication Date: 2022-09-05
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0999

    Order denying exceptions to master's report in partition action was not appealable where trial court had yet to finally resolve the partition. Appeal quashed.

  • Long v. Long

    Publication Date: 2022-08-15
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0911

    Although a child support amount arising from a marital settlement agreement that converted to alimony did not constitute equitable alimony, spouse's remarriage did not preclude them from receiving alimony where the agreement did not expressly state that alimony could terminate upon remarriage. Order of the trial court vacated, case remanded.

  • Raymond v. Raymond

    Publication Date: 2022-08-08
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0882

    Trial court erred in finding grandparents failed to establish standing under 23 Pa.C.S.A. §5324(4) when both of child's adoptive parents were deceased because parents could not posthumously exercise care and control of child, a third party's in loco parentis status did not preclude another third party from seeking custody under §5324(4) and appointment of a guardian had no effect on standing to file custody. Vacated.

  • Commonwealth v. Robinson

    Publication Date: 2022-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0769

    Trial court was ineffective for failing to call expert witness on eyewitness identification where the victim's identification was a primary issue in the case. Order of the PCRA court affirmed.