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  • Commonwealth v. Buchanan Auto., Inc.

    Publication Date: 2022-06-27
    Practice Area: Administrative Law
    Industry: Automotive | Retail | State and Local Government
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0710

    Administrative employee who merely signed sales paperwork was not a "salesperson" within the meaning of the Board of Vehicles Act where they had no interaction or communication with the customer and did not make any "representations" concerning the vehicle being sold. Judgment of sentence vacated.

  • Commonwealth v. Dabney

    Publication Date: 2022-05-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0572

    Use of medical marijuana could still lead to a DUI conviction where the Medical Marijuana Act had not removed marijuana from the list of Schedule I controlled substances and expressly did not preclude civil or criminal penalties for operating under the influence of medical marijuana. Judgment of sentence affirmed.

  • Zabrosky v. Smithbower-Zabrosky

    Publication Date: 2022-04-25
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0439

    Husband appealed order finding he improperly took money from the parties 529 educational accounts for their children and awarding repayment and interest added to husband's child support arrearages and court found it had jurisdiction to enforce the parties' MSA, trial court properly found him in contempt of the MSA provision requiring full and fair disclosure but trial court erred in converting the award into a child support obligation. Affirmed in part and reversed in part.

  • Getting v. Mark Sales & Leasing, Inc.

    Publication Date: 2022-04-25
    Practice Area: Products Liability
    Industry: Retail
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0448

    Delay damages affirmed where shutdown of courts due to COVID-19 pandemic did not fall in either of the express exceptions to the period of delay under court rules. Judgment affirmed.

  • Sichelstiel v. Sichelstiel

    Publication Date: 2022-04-04
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0358

    Trial court erred in accepting hearing officer's recommendation that all of father's flow-through income, whether retained by the business or distributed to father, be considered for child support purposes because father was a minority owner and court should only have considered the income that was distributed to father. Vacated.

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  • Calisto v. Rodgers

    Publication Date: 2022-03-14
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0284

    Deeds were not invalid under statute of frauds where they were signed by sole executor and beneficiary of estate in the name of the decedent, meaning the deeds were signed by the party transferring ownership of the real estate. Judgment of the trial court affirmed.

  • 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.