Blog Posts

Trusts and How They Can Protect Your Family A common misconception about trusts and trust planning is that this is for the extremely wealthy segment of our population, but this could not be further from the truth.  A trust is a right in property, real or personal, held by one party for the benefit of another. The trustee holds the legal title or interest in the trust property while beneficiaries have the beneficial interest in the trust.  Using these instruments can assist a variety of individuals and families, regardless of wealth, and can be used to preserve wealth, avoid inheritance taxes, avoid the unnecessary expense of probate and in some circumstances to protect one’s assets from creditors.  There are many types of trusts available , but on a broad scale they can be broken down into two categories, inter vivos trusts and testamentary trusts.    Living Trusts Inter vivos, or living, trust agreements often serve as companion pieces to wills where an individual directs that some or all of a portion of their estate pour into an inter vivos trust agreement. On the death of the settlor, or creator of the trust, the trust is already in existence and easily…

Musi, Merkins, Daubenberger & Clark is pleased to announce the hiring of Dina L. Daubenberger.  She will concentrate her work in the area of commercial real estate, leasing, and tax assessments. Originally from Connecticut, Dina L. Daubenberger attended Boston College for her undergraduate degree receiving a B.A. in Political Science from the Robert J. Morrisey College of Arts and Sciences.  She graduated Magna Cum Laude and graduated with Honors.  Dina was a member of Alpha Sigma Nu, a jesuit honor society that recognizes students who excel in scholarship, loyalty and service. Dina attended Villanova University School of Law where she received her Juris Doctor degree. She was a member of the Sport and Entertainment Law Society and worked for the United States Attorney’s Office for the Eastern District of Pennsylvania.   Ms. Daubenberger was Chief Law Clerk to The Honorable Lisa A. Richette, a senior homicide judge in The Court of Common Pleas, Philadelphia County.  Dina was involved in over 200 murder trials during this time, most of them bench trials.  During her clerkship she wrote opinions, memorandums and organized voluminous evidence and notes of testimony into a factual summary.  Dina was involved in legal research and writing relating to…

Rusty P.  I retained Musi, Merkins, Daubenberger & Clark for two personal injury matters over the years. The first time I hired them was following a car crash in Philadelphia.  I sustained serious injuries and the firm quickly recovered the at fault driver’s insurance policy liability limits.  Additionally, they initiated a personal injury claim for underinsured motorist benefits under the terms of my own automobile insurance policy.  Once again, they secured a settlement well into six figures.  They got me well over $300,000.00 for my car accident injuries.  Unfortunately, I was involved in another incident where I was injured on another individual’s property.  I was seriously injured when I was thrown from a dirt bike.  The insurance company offered me zero and told me it was my fault.  Although I did not require any surgical intervention the firm was able to secure another settlement after filing a lawsuit of over $240,000.00.

Partner Rich Daubenberger successfully obtained a verdict of NOT GUILTY following a DUI trial.  The alleged Defendant was pulled over on Route 202 in Delaware County.  The State Police alleged he was intoxicated and incapable of operating a motor vehicle safely.  However, the videographic evidence obtained by the defense proved crucial in proving that our client was not intoxicated.  Now Partner Rich Daubenberger will begin the process of expunging the fact that our client was even arrested! Remember that evidence is not always preserved.  It is imperative that your attorney obtain and preserve evidence immediately! Expungement Never forget that you can expunge many DUIs and many other cases!  Expunging a criminal conviction from your record means that it will be sealed from public and state views. DUI convictions can be expunged under limited circumstances. Also, a DUI is eligible to be expunged if a you successfully complete the Accelerated Rehabilitative Disposition (ARD) program. Remember that ARD is not guaranteed.  You must apply for it and be accepted.  Finally, there are Fast Track options that can reduce your penalties. ARD expungements cannot expunge PennDot driving histories.  However, those records are automatically expunged after ten years. A DUI that was dismissed because…

In a stunning reversal the PA Supreme Court in Com. V. Alexander (decided on Dec. 22, 2020) ruled that a Search Warrant IS required to search a vehicle unless there is BOTH probable cause to believe a crime occurred AND emergency circumstances that require immediate action.  The Court overruled its 2014 decision in Gary  that permitted searches of vehicles if the police believed contraband was present.