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Questions Answered by Peter N. Munsing
1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: I want to sue the county because I am a victim of domestic violence that got strangled,hit in the with a rock assaulted

bye my ex boyfriend which I had arrested i have memorie loss from all the abuse I went to court to testify and it was like the da didn't want to listen to me it was like they were trying to say me and my sister got into a fight which never happened the night I was strangled and assaulted from... View More

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

I don't see a case there as the DA is given great lattitude in what to do. However if you want there is a group called the Womens Law Project that may be able to better direct you. Certainly you can ask for a PFA.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: can I claim adverse possession on property I maintained for 27 years if that property was sold 5 years ago
Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

From the facts you stated--no. You don't have a right for maintaining a property unless there is an agreement giving you ownership interest of some type. Even if there was, if the land was sold, it's on you to do something. However I may be missing facts and it may be worth your while to... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Work F/T in PA and on FMLA/STD for mental health. Doc says to go P/T status. If current job can’t be PT, is it a layoff?

After 12 week FMLA/STD for documented behavioral health issues, doctor recommends working P/T permanently. If my F/T position can’t be adapted for P/T hours, would my employer have to “lay me off?” If so, could I file for unemployment?

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

You have an argument to make that you couldn't work for necessitous and compelling reasons. I would suggest contacting OVR for job help.

1 Answer | Asked in Car Accidents for Pennsylvania on
Q: Who is at fault when a car stopped in a midle of a busy route to make illegal left turn

It happens at 4:03. The sign says no left turn from 4pm to 6pm . He gave me his document than he made a police report alone . And gave them my pate number and phone .I have a video camera . The accident happens at Kelly drive route I tried to avoid him . I need explaination please and thank you

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

The issue is you rear ended him. Unless you have a good reason why you didn't see him slow or stop, you don't have a right to assume that he is moving if his brake lights are on. You have to maintain an assured clear distance, which means as he was slowing you have to slow. I haven't... View More

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: If a cop gives me a break, and cites me for careless driving instead of reckless driving, should I go to court?
Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

Depends on your points, but generally if a cop gives you a break, the judge will tend to look on you as someone who doesn't take a stroke of luck when they get it. It's your right to go to court but the cop won't be happy either. Unless you have a full defense to what you did it is... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: If I get money from a lawsuit in 2022 and I’ve been divorced since 2008 will my ex husband be entitled to any of it

The case stems from an event in 1991 when I was married

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

If your divorce is final, no. Generally a spouse isn't entitled to money for your injuries, but may have a separate claim for loss of consortium. But that would have been made at the time or before the divorce. If it's final, it is yours. Discuss with the attorney getting you the settlement.

1 Answer | Asked in Divorce for Pennsylvania on
Q: My ex didn’t follow through with the marriage settlement agreement is there a statute of limitations on it
Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

Talk to the attorney who drew up the agreement. Any statute of limitations runs from when payments are made according to the agreement.

Q: Neighbor filed a municipal complaint stating that I'm harassing her because I called police regarding noise& loud party
Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

You have to look at the complaint. Chances are it says more. You need to respond to the complaint.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I used to work with a company that pays and considers 50h as full time in Philadelphia pa

The company pays $138 a day plus over time hrs. The clocking system were always broken as the manager said. We used to put the time in and out on the paper. I never get my exact working hours.

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

You should have received a paycheck which would say the hours, unless you were a contractor. If you get a W-2 at the end of the year you are an employee and your pay stubs should have all the information. If you get a 1099, you are an independent contractor. As such you need to keep track of your... View More

1 Answer | Asked in Social Security for Pennsylvania on
Q: My lawyer received 50% of my back pay for his fee. Was he overpaid?
Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

answered on one of your other posts. The other thing he or she can claim for is costs.

1 Answer | Asked in Social Security for Pennsylvania on
Q: My ssi lawyer received 50% of my back pay in fees. Was he overpaid?

There was only one appeal and two court cases that he took part in.

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

You have to look at the fee petition he filed. He should have sent you a copy. It's a question of what he did in terms of hours, the hourly fee (you have to match this with your fee agreement).

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: My husband and I are both on the lease but only his name is on the eviction. Can I fight it?
Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

You should be able to, I would check with legal aid in your county to see if they can give you some advice specific to your facts. However if served with papers you need to file an answer to avoid a default judgment.

2 Answers | Asked in Social Security for Pennsylvania on
Q: My lawyer requested $9,000 on a fee petition but got almost twice that. Was he overpaid?

I received only a little more in back pay than my lawyer got in fees

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

I would also ask social security. Ms Lunn is correct that sometimes an amount is held that is larger. But he shouldn't get more than he asked for.

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2 Answers | Asked in Traffic Tickets for Pennsylvania on
Q: I received two tickets: 1) for driving on roadways laned for traffic and 2) Careless driving.

However, in the Confidential Info Section, both tickets state "A/M Non-moving citation..." What should I do?

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

See if the cop will agree to the driving on roadways laned for traffic.

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2 Answers | Asked in Criminal Law, Foreclosure and Elder Law for Pennsylvania on
Q: My 71 yr old father is facing forclosure due to a scam.

My father got involved with a woman facing legal troubles and believes he is funding a big top secret lawsuit against a gov. agency. However, no legitimate lawyer is ever produced when asked and some tragic event always occurs to prolong the case. It's been 5 yrs. He gave away all of his... View More

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

I agree with Mr. Winterstein. The local office of aging may have a contact at the AG's office. At the DA's office ask for the victim assitance coordinator. I would consult an elder law specialist (they are board certified) to see if there is some type of limited conservatorship you can... View More

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2 Answers | Asked in Car Accidents for Pennsylvania on
Q: A lady had a medical emergency and hit my parked car. Can I sue for property damage?
Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

Depending on the nature of the emergency, I have seen drivers not have to pay. Start with her insurance. If you have insurance of your own, use that and let them go after her for what was paid plus your deductible.

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2 Answers | Asked in Car Accidents and Insurance Bad Faith for Pennsylvania on
Q: Someone slammed into my car and totaled it. My insurance company is only covering the value of the car. Which leaves me

Owing 900$ and also i am out the 4,000$ I paid in cash. Car under a year old. Can i go after her insurance company for the 4,900$??

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

It looks like you may have paid over book value. When you say it's a year old was it a 2020 or you mean you bought it used a year ago? They only have to give you the book value, not the replacement value. If they give you below market value you may have a claim if you can document that, but... View More

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1 Answer | Asked in Civil Litigation, Products Liability and Insurance Bad Faith for Montana on
Q: While traveling from California to Montana in January I acquired AAA Towing services $5000+ plus was stolen. Now what?

I left Cali Friday 01/22/21. On The 23rd east of Truckee Nevada I had blown a tire. Wile stuck on side of the road for 6 - 8 hours looking for ways to get it fixed that day the 23rd. AAA had assured me more than once that it would be taken care of that day and even gave me a phone they could get my... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 6, 2021

File a theft complaint with the police if you haven't already. File a claim with your insurance company. Contact Tripple A.

Contact a member of the Nevada Trial Lawyers Assn who handles insurance to see if you have any claim--I'm not seeing it.

You have a claim agasint...
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1 Answer | Asked in Business Formation, Business Law and Products Liability for North Carolina on
Q: Can I open a vending machine business that sells tobacco products in my state. North Carolina.

I read article 39 14-313 under the distribution of tobacco products and you would think it would be no however with the new technology of vending machines being able to use age verification, Would there be a way to get around this legislation and put these vending machines anywhere?

Peter N. Munsing
Peter N. Munsing
answered on Mar 6, 2021

Unless the state permits that machine you would not be able to get the proper license to sell the product. It is unlikely, for many reasons, for that permission to be granted but you can always contact something like the American Enterprise Foundation to see if their legal arm is willing to... View More

1 Answer | Asked in Business Law for Massachusetts on
Q: Hello,Can a seller legally cancel a purchase from a buyer if no product or payment has been accepted?

Four months ago I received a purchase order from my buyer for a product I provide. The product I would sell will not be due until six weeks from now. Recently, one of my employees who runs that part had major surgery and is not expected to return for several months. I have a small three man shop... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 6, 2021

If there was no payment it was an undertaking that you would perform it. Factors not in your contemplation prohibited that. That being said, speak with a business consultant about selling what sounds like a going business.

All the best!

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