Blog Posts

A recent case taken on by the head of our Family Law Department, Lucas A. Clark, IV, Esquire, is a prime example of the type of Children and Youth Services matters handled by Musi, Merkins, Daubenberger & Clark.  The matter began at the trial court level in the Court of Common Pleas of Delaware County with three different hearings on three separate dates earlier this year.  During these proceedings, which involved CYS, two minor children and their mother, the focus was on the children’s mother’s mental health and substance abuse issues, as well as her ability to parent.  While reunification between the children and their mother was the original goal pursued by the Court and CYS in these hearings, that goal was eventually abandoned, and the agency pursued termination of the mother’s parental rights.  The trial court, after hearing all of the evidence and witness testimony that was provided to the Court, and discussing the needs of the children, ultimately terminated the mother’s parental rights.  The trial court felt that the current placement of the children was good situation for them, and it would be in their best interest if they stayed there.  Lastly, the Court confirmed that the goal…

In 2016, Partner Rich Daubenberger was interviewed by NBC10 to provide legal commentary on the Bill Cosby case.  Mr. Daubenberger anticipated the outcome of the case during his NBC interview. Rich has had a successful career thanks to his undergraduate education at Syracuse University, as well as receiving his Juris Doctorate from Villanova University School of Law. Due to almost 25 years of experience as a prosecutor and defense attorney in the area of criminal law, as well as past experience as a District Attorney, Rich was able to make this prediction using his knowledge of the court system and the law. See 2:32 into the following link. During the time of Rich Daubenberger’s interview with NBC10, Bill Cosby was facing criminal charges for drugging and sexually assaulting a Temple University employee. Prior to Cosby’s final conviction, District Attorney Bruce Castor had made an agreement with Cosby which promised that if Cosby gave up his right to remain silent during a deposition in a civil lawsuit, then the District Attorney would not pursue criminal charges. This agreement was recorded in an email by Castor, but the new Montgomery County District Attorney Kevin Steele still filed criminal charges against Cosby. Due…

Partner Rich Daubenberger successfully avoided a 90 day mandatory minimum jail sentence following a DUI suspended license trial. The alleged Defendant was pulled over in Marple Township. The Police Officer alleged that the Defendant had a blood alcohol content of .02 or greater while operating the vehicle, as well as a suspended operating privilege due to a prior DUI. With a violation like this one, a 90 day mandatory minimum jail sentence would usually be required, however, Rich Daubenberger was able to get the Defendant out of this 90 day jail sentence. Title 75, the Vehicle Code, offers specific guidelines and regulations in terms of operating vehicles. Section 1543 (b)(1)(i) is clear that any person who drives a motor vehicle on a trafficway at the time that their operating privilege is suspended or revoked as a condition of Accelerated Rehabilitative Disposition (related to driving under the influence) will be sentenced to undergo imprisonment for a sentence minimum of 60 days, but no more than 90 days. Section 1543 (b)(1)(ii) is the statement that a second violation of this paragraph will then turn into a summary offense and the alleged Defendant will be forced to undergo imprisonment for no less than…

            With the COVID-19 pandemic in full swing for over one year now, the Montgomery County Court of Common Pleas has finally released a tentative plan for the resumption of jury trials and equitable distribution hearings.  Court officials believe they have developed a reasonable plan that will allow trials to take place back in the courtroom.  While no firm dates have been set, the plans for the resumption of trials and hearings are as follows:             The proposed start dates for jury trials are June 1, 2021 for criminal trials and July 12, 2021 for civil trials.  Procedures for scheduling these two different types of trials will be slightly different and will follow a specific protocol to keep things on track.  When it comes to criminal trials, the emphasis will first be placed on cases involving incarcerated defendants and cases will be selected by the court to the extent possible based on space and security.  There will also be priority placed on the scheduling of any cases that involve rule 600.  The criminal cases will be placed on a two-week trial term and there will be up to 20 trials within each term.  Notices will be sent out that set…

Musi, Merkins, Daubenberger & Clark is pleased to announce the hiring of James N. Rooney.James joined Musi, Merkins, Daubenberger & Clark to provide effective advocacy and support across all the firm’s diverse practice areas. James grew up in Lafayette Hill in Montgomery County and attended Plymouth Whitemarsh High School, graduating in 2012.  After graduation James attended Millersville University.  He studied History at Millersville, and while at school he was a member of the Millersville Men’s Soccer team.  James graduated from Millersville in spring of 2016 and began his legal education that same summer enrolling at Drexel University’s Thomas R. Kline school in the fall. While studying at Drexel, James interned with the Montgomery County Public Defender’s Office.  While working there he would perform client intake interviews and legal research for the attorneys.  He also spent one summer working at a personal injury firm in Center City Philadelphia where he handled discovery issues and pre-trial motion practice.  During his final year at law school James worked in the Federal and Appellate Litigation Clinic at Drexel.  While working in the clinic James handled an affirmative asylum case and worked on two criminal appeals alongside attorneys from the Montgomery County Public Defender’s Office. …