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Pennsylvania Questions & Answers
1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Can I request evidence for traffic violations if I was ticketed through the mail but never stopped?

I was ticketed through the mail in March of 2020, I contested it, received an initial court date in January of 2021. The DJ stated that she would need the officer who actually ticketed me on resubmitted my court date, telling me it would be a few weeks. My court is set for Nov 30th and I am... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

Yes, but do you have reason to believe it was someone else?

1 Answer | Asked in Insurance Defense for Pennsylvania on
Q: I was given a traffic citation for not having my insurance in the car with even though the car was insured.

I was plead guilty at the court hearing today. My question is, do I have to pay the fines or file for an appeal? I don't know if it will show on my record. I have a driver's learner permit from Maryland but the incident happened here in Pennsylvania.

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

If you had the proof you shouldn't have been penalized if you gave the proof within 5 days

g) Defenses.--

(1) No person shall be convicted of failing to produce proof of financial responsibility under this subchapter or section 3743 (relating to accidents involving damage to...
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1 Answer | Asked in Business Formation for Pennsylvania on
Q: Operating Agreement (LLC)

Good morning. I hope all is well with you.

I am establishing a legal entity in the United States in the state of Wyoming. In the Operating Agreement, I need to include information about the partners, which includes the place of residence. For an American, I have to include the street, city,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

For some reason this is listed in Pennsylvania. You need to relist in the Wyoming section. However, chances are, you need to speak with a corporations specialist in Wyoming.

Certain states limit partnership for certain activities to resident foreigners.

As to the foreign...
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1 Answer | Asked in Family Law for Pennsylvania on
Q: I would like to place my father's ashes with his deceased parents who are interred in a mausoleum. How would I do this?

The cemetery where my grandparents are interred have informed me that I cannot do this.

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

The cemetary has their own rules. You don't necessarily have a right to inter remains wherever you wish. If it's a church run cemetary talk to the priest or religious official of that church.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Tax Law for Pennsylvania on
Q: If a post office was to forward you letters about your stimulus payment but return the payments to the sender would it

Be considered mail tampering. I have received the letter 1444c three times to my forwarded address but they returned the payment for the notice three times they know what they are doing and I want to know if I could perhaps file a complaint against that post office or whoever is in charge ect.

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

No. They are not supposed to forward certain things. You need to be sure that the IRS and the government have your proper address. Discuss this with your Congressperson--they have information on how you can get your payments.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Can a police officer file the same exact citation twice with two different DJ's almost three months apart?

I was cited "failed to drive within a single lane and or movement from lane was not made safely" by a state trooper. I plead not guilty to that citation in July. Today I receive notice that my license will be suspended tomorrow due to failing to respond to the same citation and lists the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

Get all the paperwork in the docket for #1 & #2. Make copies and keep the originals.

If service of the complaint for #1 is identical, then it is an error. If he refiled for some reason and that was served on you then the issue is one of non response.

Not sure why your license...
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1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: I watched my loved one corpse be dragged down his staircase by the police, what should I do?

The officers in question, while preparing the body for transport to the medical examiner, dragged the man down the stairs and his girlfriend watched as he made impact upon each stair, they then pretended to take care once they noticed they were in our line of sight. One officer in particular was... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

It's not clear if that would be abuse of a corpse, but you may have a claim depending on a variety of factors. Contact an attorney in your area.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Juvenile Law for Pennsylvania on
Q: My 14 and 16 year old son's were jumped by a group of 8 kids do we need a lawyer
Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

Let the criminal process take it's course. If your son was hurt and you have medical bills the Crime Victims Compensation Act may pay for them.

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: My old landlord won't let me get my stuff out of the apartment. We weren't evicted. Just moved and wasn't late on rent.

I have contacted him 3 times this past week trying to get the rest of my stuff and he keeps telling me I can't come out to get it. I have several text messages with him arguing with me. I don't want a fight; just want my stuff.

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

Why not contact the local police. He can't hold your items hostage.

1 Answer | Asked in Personal Injury for Pennsylvania on
Q: What should I do if fell on town property. I have called and got a attitude from the lady. They haven’t fixed it

I have pictures of the sidewalk and my face and leg where I was injured. And to be honest I just wanted them to fix my phone and iPad that broke when I fell. But the lady told me to get my lawyer to call there’s. I went to take pictures a week later. I couldn’t stop shaking and my left eye has... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

If you haven't already, go see a doctor. As far as the sidewalk, in Pennsylvania it's a split responsibility between the town and the owner of the property (if it's not the town). Contact an attorney who is a member of the Pennsyvlania Assn for Justice in the town. They give free... Read more »

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: my mother in law lived on our property for free and is now suing us for the deed. Does she have a case?
Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

You need to hire an attorney. This isn't d.i.y., and a good attorney can hopefully get it dismissed.

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: Good evening, I am trying to appeal and/or reconsider three rulings dated September 20th 2021.

Good evening,

I am trying to appeal and/or reconsider three Common Pleas Court rulings dated September 20th 2021 because the judge previously granted a continuance but seemingly spontaneously ruled on the three issues anyway. Look at the attached docket. Even assuming some other mistake,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

You need to contact Legal Aid if you haven't already. https://www.palawhelp.org/organization/north-penn-legal-services-stroudsburg-office/housing-and-shelter/eviction?ref=PYCKA

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: Can my landlord evict me for not paying in full my water bill which is on a payment plan and is current?

I'm on the tiered assistance program (TAP) with the Philadelphia water department. I've got a set bill but a past balance that's put on hold while I'm on it. They forgive an amount after your pay 15 times. My landlords legal dept just sent me an email saying if I don't pay... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

Check your lease. Write them back and ask for the legal basis as you are not in default with the water department.

Check with community Legal Services Landlord Tennant branch.

1 Answer | Asked in Probate for Pennsylvania on
Q: My grandfather passed away and for years I’ve been living with him taking care of him. My uncle had lost the will.

I’ve been saving for 3 few months but it’s not easy when I pay all the bills, the house is paid off so there is no rent just condo fees. My uncle just sent me a letter giving me 30 days to leave or his team will take action to remove me. I’m not sure what to do or if I have any rights.

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

"lost the will" doesn't cut it. See if an estate has been opened. The uncle can't just act regardless. You need to file a claim as a potential heir with the register of wills for whichever county you are in. You'd want to check to see if an estate has been opened. If it was... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Sister's partner died. The mortgage is in his name. They're together 28 years but not married. She's not sure whats next

Payments not late. 22k payoff. She's on social security disability.

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

A big problem as Pennsylvania doesn't recognize common law marriage. Also, that wouldn't even apply if they didn't hold themselves out as husband and wife. In whose name is the property? If it's in the partner's name, the property goes to his estate.

Did he have a...
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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How do I write a concise statement?

The appeal trial was in the Court of Common Pleas in Montgomery County, PA, held on Sep. 9, 2021. The arresting officer was excused from the trial. He was supposed to be there according to the ADA, but I found out he would not be there midway through the trial. The judge would not continue the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

I think being limited in what you could ask witnesses is the bigger issue, though without the arresting officer not sure why you couldn't have moved for a nonsuit.

Note that you have to file a request for a transcript of the proceedings. You may be eligible for a free one if you meet...
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2 Answers | Asked in Probate for Pennsylvania on
Q: When I pass and leave house to my adult child can I put in will that my sig other can stay in house indefinitely?

My child lives elsewhere and my significant other has children

Anthony M. Avery
Anthony M. Avery answered on Oct 14, 2021

Hire a competent PA attorney to advise and draft a Deed. A simple Joint Life Estates/Remainder Deed might be appropriate here. Or a very good lawyer could specify Executory Interests, Conditions or even a Reverter, granting and habendum clauses. Remember the executed Deed takes effect now, not... Read more »

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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: If I die and leave my house to my child, can I stipulate in my will that my boyfrnd lives there indefiniteltly

With his children

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 12, 2021

Yes, you can make those arrangements by specific provisions in your will. One way is to give what is called a life estate in the property, which gives your boyfriend control of the property until his death, or until he no longer wants it.

There are other ways, using testamentary trusts,...
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2 Answers | Asked in Criminal Law for Pennsylvania on
Q: Is there a way I can get legal advise if I can't afford or it's to late to hire a lawyer on criminal charges

Misdermeanor 3 charge

Parisa Sadrnia
Parisa Sadrnia answered on Oct 12, 2021

If you are unable to afford retaining an attorney, you may request a court-appointed attorney through the court you are facing charges at. While you do not get to choose your court-appointed attorney, it is better than having no legal representation in a criminal proceeding. Generally, there will... Read more »

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1 Answer | Asked in Copyright for Pennsylvania on
Q: I donated articles to a Pennsylvania newspaper without compensation-published under my name. Can I republish elsewhere?

I was employed by that newspaper as a copyeditor, not a writer. My articles were also posted online.

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 12, 2021

Check if you had any contract with the company. Consult with an attorney.

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