Blog Posts

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. …

Musi, Merkins, Daubenberger & Clark is pleased to announce that two of their partner/attorneys have been recognized as Delaware County Daily Times Reader’s Choice Best Lawyers for 2021.  Partner Thomas A. Musi Jr. has been recognized as a Best Lawyer in the fields of commercial, personal injury, and real estate law, and Partner Richard C. Daubenberger has been recognized as a Best Lawyer in criminal law.  The Delaware County Daily Times requests readers vote online to share and promote who they believe are the best available attorneys in their field.  The prompt requests voters to put forth which attorney they would turn to in their times of need.  This is what makes Musi, Merkins, Daubenberger & Clark so proud of this honor, as we are proud to be a firm that Delaware County trusts. Thousands of votes were sent in for these awards and it is an honor to have multiple partner/attorneys from our firm recognized.  This recognition signals that our firm is having the positive impact in our community that we strive for.  We want to be the firm that people tell their friends and family to call when faced with criminal, personal injury, real estate, commercial, or any…

The Pennsylvania Domestic Relations Code defines unreimbursed medical expenses as out-of-pocket expenses that are not covered by insurance companies or any third party, and these types of expenses are usually considered “extraordinary” expenses because they exceed the cost of basic health care that is normally included in one’s insurance plan.  While these expenses will include things such as co- payments, deductibles, dental services, vision care, and much more, they will usually not include psychiatric, cosmetic, chiropractic, and psychological services, unless the Court deems these expenses to be reasonable.  In order to comply with the applicable Rules of Civil Procedure, these unreimbursed medical expenses must be annual expenses in excess of $250 per person named as a dependent in the applicable support order.  Only medical expenses in excess of $250 per dependent are subject to allocation under the rules because expenses less than $250 per year per dependent are the responsibility of the party receiving support. How does it work after the initial $250 of unreimbursed medical expenses are paid by the person receiving support?  The additional expenses above that $250 threshold are divided in terms of each parties’ percentage of both parties’ combined total income.  Each party in this situation…