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Questions Answered by Peter N. Munsing
2 Answers | Asked in Car Accidents for Maryland on
Q: What is the specific code or law applying to driving with the condition of sleep apnea?
Peter N. Munsing
Peter N. Munsing answered on Feb 22, 2020

No section.

However, as Mr. Kirk notes, it could be careless if the person knew it. More to the point the person if they cause a crash are going to be liable based on the rules of the road. If a person with apnea hits someone generally it will be their fault, but not due to the apnea but...
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2 Answers | Asked in Car Accidents for Tennessee on
Q: My daughter was involved in a car accident last week and was driving uninsured. The other driver was cited and at fault

How do I get the at fault drivers insurance to pay for damage to car? I called their insurance and they are insisting on my daughter’s insurance.

Peter N. Munsing
Peter N. Munsing answered on Feb 22, 2020

She should consult with a member of the Tenn. Assn for Justice/Tenn Trial Lawyers Assn for the county where the wreck happened. They give free consultations.

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2 Answers | Asked in Family Law for Pennsylvania on
Q: i have 50/50 of my daughter i took her to the doctors in dec where i found out her dad took me off her medical records

she just had a wellness check in dec and he made her another one for saturday i called the office and asked if she needed to really be seen because she was just seen in dec they said no and canceled it he then told me he is taking her anyway what can i do

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

You need to speak to the attorney who worked out the custody agreement. There would normally be nothing to prevent a parent from taking a child to a doctor, however.

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1 Answer | Asked in Child Support for Pennsylvania on
Q: I have been paying the State of California Child Support for over 28 years.

They have seized my Federal Returns every year and continue to take roughly 400.00 per month from my pay check.

I have repaid the DCSS in excess of 250,000.00.

My children are grown and 31 and 29 respectively.

I am not sure of the exact figures, but I know they did not... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

You need to get an accounting from the State, ultimately you may have to contact the Pennsylvania Civil Liberties Union, because you shouldn't have to sue them in California. Further, there should be a process for accounting. Given the amount of money you may want to contact the California Civil... Read more »

1 Answer | Asked in Small Claims for Pennsylvania on
Q: Can I be sued for a chimney (that was fixed before settlement) 2 years after the house was sold?

I sold my house on January 16, 2018. the buyers walked through the house and approved all the requested improvements before settlement which took place that day. I now received a civil order that they are suing me 2 years after for repairs to the chimney which was completed before settlement - I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

you should respond. Find out from the realtor you used if there is any coverage for legal fees for this.Generally, the house is sold as is, and your agreement of sale should say that.

1 Answer | Asked in Civil Rights, Landlord - Tenant and Municipal Law for Pennsylvania on
Q: Is it illegal for me to take my break outside of my building under the awning?

New tenant in the building is telling people who work in my office they are not allowed to stand in front of their office on the first floor. We have an awning on the building that protects from rain. I am not impeding the flow of traffic or talking to anyone. I work in the same building on a... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

Depends on how the lease defines that space. If it's part of the public entrance, anyone can stand there. Your employer may want to suggest to the landlord some alternative or approach the business owner on the first floor.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: 7 years ago at the age of 18 my friend dated a 12 yo. It was nonsexual. Can they still be charged this far away?

He has had no contact with her in 7 years until recently he went to her place of employment. Simply to shop. She put out a pfa and stated in it that they dated when he was 18 and she was 12 (I know how wrong) but he hasn't had any contact with a minor since. And as stated it was nonsexual. Can they... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

They won't decide because of the PFA, but he needs to consult an attorney who handles criminal cases because depending on what happened it can be an issue. He needs to get a copy of the PFA filing to begin with. He should not discuss this on social media.

1 Answer | Asked in Collections for Pennsylvania on
Q: I receive a praecipe to enter judgement what does that mean

I received a letter from an insurance company on monies owed stating they were filing a Praecipe to Enter Judgement. What does that mean? I do not work at this time, and i own a home with my husband. Can they force us to sell our home or sheriffs sale?

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

It means you will have a judgement. You must immediately file a paper to have the judgment reopened--apparently you didn't respond to something they sent. Contact your County Bar Association ASAP>

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Are there any significant consequences for failing to appear in court over a camera speeding ticket in Ohio?
Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

Yes. You will be found guilty. Go through Ohio and get stopped it's a problem. Also, the ticket can be refrerred back to DMV here, and you can get points on your license. So either pay or appear.

1 Answer | Asked in Child Support for Pennsylvania on
Q: A friend of mine just found that he has a 13 year old child. Friend lives in NJ. Childhood sweetheart lives in York PA

She applied for Welfare and they asked her question about the father. She then reached out to him to tell him about his child he never knew he had. Now (13 years later) he has to pay support. Is there a statue of limitations that could protect him since she waited so long to let him know he had a... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

I don't believe there is but he can ask for a blood test or DNA test if he isn't sure. A birth certificate would be a start. An acquaintance was paying child support and when he saw a picture of the child it was apparent he was not the father.

1 Answer | Asked in Health Care Law for Pennsylvania on
Q: I took my son to the hospital and the doctor let my son head drop on the bed not guiding his head the way she got him
Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

Not sure what your question was. If he was injured there would be a potential for a claim, depending on the circumstances--the age of the child, who was handing him off etc.

1 Answer | Asked in Child Support for Pennsylvania on
Q: My boyfriend has to pay child support for his 3 year old to go to a private school. How can we fight this to stop it?

He does have 50/50 custody. We are in Pennsylvania.

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

He should contact an attorney.

1 Answer | Asked in Consumer Law and Contracts for Pennsylvania on
Q: If a company purchases an existing contract with a consumer, obligated to honor the contract?

Mom was living in Lancaster county, Pa when she purchased a Cremation Services package for 1300.00 in 1993. Mom now lives with me in Blair County, PA. I called the number on her card and apparently the old company sold the contract and the new company states that there was only $241.00 in the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

I think it would be read as being limited to the county though you can make the argument they should take care of it. Otherwise people who moved could say "pick up my decedent in Florida."

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for Pennsylvania on
Q: Is a restaurant employer allowed to terminate me after written warnings where I was sick with a contagious illness?

I have worked in a restaurant for the past 4 years. Recently the state of management has gone downhill. As someone who also works in the medical field, I understand I, as an employee, am not allowed to go into work around food with contagious conditions. I provided them two seperate doctors note... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

You should file for unemployement as you were not terminated for cause where you had necessitous and compelling reasons.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: My son was charged for a Obedience to traffic control devices- Hazardous condition 75 3111.1 A

When my son and his girlfriend were coming home one night in January 2020 they came upon a truck with yellow flashing lights on the side of the road. The speed limit was 55 mph There was another car a short distance in front of them also. They proceeded to slow down as they approached the scene.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

If no one was there and his girlfriend testified, I don't see why the DJ found him guilty. Depending on what the officer said, something must have made the DJ say there was a signal.

The law reads:

a) General Rule.--The driver of any vehicle, unless otherwise directed by an...
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1 Answer | Asked in Tax Law for Pennsylvania on
Q: Do I have to pay PA state tax on a lump sum life insurance pay out?
Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

Generally no.

1 Answer | Asked in Car Accidents for Oklahoma on
Q: If i hit a cow on the roadway in Oklahoma would the cows owner b at fault
Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

Likely they would be--a person is supposed to keep their cattle on their property in most states.

Contact a member of the Okla. Assn for Justice--they give free consults.

1 Answer | Asked in Car Accidents for Illinois on
Q: I was in car accident had insurance my insurance company denied both the claims and said I violated the policy by .

They say I dodnt disclose information which was not asked at the time I got the insurance had it almost two years now accident and this comes I'm being g sued what can I do

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

1) you have to answer the claim--you have a certain number of days to do this. You file an "entry of appearance pro se" and an answer.

2)contact a member of the Illinois Trial Lawyers Assn--they give free consults.

1 Answer | Asked in Car Accidents for Colorado on
Q: So I was in a walmart parking lot the lady in front of me said I hit her rear end so she called the police

Can a officer issue a ticket on private property?

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

Depends on the state. If you didn't hit her rear end see if there is a security cam image of the event. Do this ASAP as they will usually get rid of all images after a certain period.

1 Answer | Asked in Animal / Dog Law, Car Accidents and Small Claims for Texas on
Q: I hit a dog that ran in front of me on the road and my car is damaged,the person told me they've got no homeowners/

Rental insurance cause they're renting from a relative, I had no way to avoid the dog, is it worth going after the person to get my $501 deductible back I'm having to pay for my insurance to fix my car?

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

It's up to you. Understand if you get a judgment and they have no money, then you have to chase them for that.However, if your car insurance goes after them they should give you back the deductible.

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