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JANUARY 2023 Kunkel Case Files 888-228-9680 • www.KunkelLawFirm.com • GKunkel@KunkelLawFirm.com
Think Before You Post
FROM THE DESK OF
Gregory Kunkel, Esq.
Drivers Beware: You May Be Pulled Over Because of Your License Plate Frame The Pennsylvania Superior Court recently upheld that a police officer is justified in stopping your vehicle simply because your license plate frame partially obstructs your license plate, even if the officer can plainly see the tag number. In Commonwealth v. Ruffin, the Court held that a license plate frame that partially obscured the Commonwealth’s tourism website address at the bottom the
How Social Media Posts Can Affect Your Case
plate was a violation of the Motor Vehicle Code and provided justification for the officer to conduct a motor vehicle stop.
Social media has connected our world in a way that would have been hard to imagine just a few decades ago. If you are an avid social media user, every little thought, passive-aggressive comment, and proud accomplishment you’ve made can be shared on the internet for everyone to see. But sometimes, posting too much can actually do more harm than anticipated. It is a good rule of thumb to assume that nothing on the internet is private, and when it comes to posting on social media during a legal case, I have found that this couldn’t ring more true. The information documented on these platforms is often spontaneous and inspirational; sometimes, it can even be a place to vent your frustrations about life events.
The Ruffin decision is significant because many automobile dealerships routinely provide license plate frames that totally or partially obscure the Commonwealth’s tourism website on the bottom on the plate. Of course, police are more likely to rely on Ruffin to conduct stops late at night or on weekends to screen drivers for possible DUI violations. Until the legislature clarifies the statute, Pennsylvania drivers who do not want
to be pulled over due to a license plate frame should remove any dealership or other type of frame from their license plate. –Greg Kunkel
But social media sites are increasingly becoming the focus of discovery, and such information may be significant evidence in legal proceedings.
Whether your court case relates to personal injury or family law matters like divorce or custody, posting the wrong things on social media — even if your accounts are private — could negatively impact your case. The fact is that insurance companies and investigators can find posts on platforms such as Facebook, Twitter, or
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Instagram. This evidence can then be manipulated during litigation, and the opposing party will try to use it against you.
situations. Even if those accounts are set to private or if you have blocked involved parties, the chances of a judge seeing them are still exponentially high.
I like to think of it this way: If you have been in an automobile accident and claim that you were severely injured but are posting pictures of
The other party can request the submission of your social media posts as part of the discovery process. In addition to this, any outright
yourself soaking up sun at the beach, chances are you may not be as seriously injured as you claim. Even the seemingly “good” posts can be turned negative depending on the context. Posts about everyday life — going out to a nice dinner, meeting friends in town, etc. — can be easily misconstrued. This is why we advise clients to stay away from social media in general to avoid any of those possibilities.
negative statements may make you appear impulsive and angry — which never looks good in court.
Despite that, these posts don’t even need to be negative in an obvious way to become an issue. There was a custody case in 2015 when a judge allowed a man to use his wife’s Facebook profile as evidence. The wife constantly posted updates about her
professional travels, and her husband believed it showed she didn’t have time to be a primary caregiver for their young children.
When it comes to divorce and custody cases, it can be an arduous legal process. Overwhelming emotions tend to follow, and many people turn to social media to vent their feelings or message friends or family to discuss what is happening. I have seen plenty of clients post derogatory statements about their
The best way to prevent your social media from becoming evidence in court is to not post anything at all. It is better to be safe than sorry — so think before you post!
PREPARE FOR THE HEALING PROCESS
Understanding the Value of Physical Therapy
GO INTO AN OPERATION STRONGER Just like training for a big game or rehearsing for a play, practicing beforehand will strengthen your ability to perform at your peak. PT can effectively prepare your body so that you go into surgery with greater strength, endurance, and stamina, and it even reduces the risks of surgical complications. Some therapists teach patients exercises that strengthen specific joints or muscle groups that may be affected during an operation and, in turn, help those areas recover faster.
Many people think that physical therapy (PT) only helps after an operation, but this isn’t always the case. One of the most critical times you could seek PT is before surgery, which can help with preparation and recovery. BENEFITS OF PT BEFORE AN OPERATION The idea of PT before surgery can be tricky, especially if you’ve suffered a painful injury. But physical therapy brings many potential benefits if performed correctly. In the long run, it can provide substantial advantages to patients preparing for surgery.
PREPARE FOR POST-SURGERY
These include the following but aren’t limited to:
Most know that PT is a vital part of the recovery process and is one of the best ways to manage pain levels without excessive use of prescribed narcotics. Depending on your operation, doctors will typically recommend PT after surgery. A session or two before surgery will provide knowledge and expectations for your rehabilitation. You will understand the process and know how to make the healing process smoother, getting you back to the activities you love.
• Minimizing pain • Reducing muscle atrophy • Fewer complications following surgery • Restoring range of motion
Under the right circumstances, following a PT routine before surgery can give you a head start on your healing process. You can also choose your pace because your therapist will only want you to complete exercises without pain. If you’re uncomfortable, your therapist can devise a solution that benefits your situation the most.
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Before Alarm Clocks, Knocker-Ups Helped People How These Early Morning Heroes Roused the Sleeping
Until the 1940s, alarm clocks were a luxury few people in the English working class could afford. Unfortunately, some of these devices could be unreliable and caused people to miss appointments or oversleep. This ultimately gave birth to “knocker-ups,” the human alarm clocks people hired to wake them up. Being a knocker-up became popular during the Industrial Revolution, especially in cities where technical innovation boomed, and many citizens were due at factory jobs before the sun came up. In some towns, residents set slate boards against their outside walls to write their weekly work schedule; this way, any knocker-up would know when to wake them. These boards became so common that people referred to them as “knocky-up boards” or “wake-up slates.” Knocker-ups were paid a few pence each week to wake their clients before work, and each knocker-up generally had a route full of clients to wake at different times. The thing is, they didn’t just stand at the door and knock. Knocker-ups became famous for using poles to tap on clients’ second-story bedroom windows. Some even attached soft hammers or rattles to the ends of the rods to create a more startling sound when they tapped.
Typically, this job was taken on by older men who were past their working age or women who needed income to support their families. Police officers also considered this a good side job to earn extra money. Many of them simply completed their morning patrol, then stopped by to wake clients living along their regular routes. However, the most famous knocker-up, and allegedly the last to exist, is Mrs. Molly Moore. Her mother was a knocker-up, and Molly continued her legacy after she passed. This mother-daughter duo became known for their unique knocking methods; instead of long poles, the two used a rubber tube as a make-shift pea shooter and pelted clients’ windows with dried peas.
Whatever the method, a knocker-up wouldn’t leave until their client came out the door and headed on their way to work. While history may have long forgotten about these early-morning heroes, their reliability and commitment are what ultimately allowed thousands of employees to make it to work on time.
Have a Laugh
AIR FRYER ROASTED SALMON WITH SAUTÉED BALSAMIC SPINACH
Inspired by TasteOfHome.com
Ingredients
• 3 tsp olive oil, divided • 4 salmon fillets (6 oz each) • 1 1/2 tsp reduced-sodium seafood seasoning • 1/4 tsp pepper • 1 garlic clove, sliced
• Dash of crushed red pepper flakes • 10 cups fresh baby spinach (about 10 oz) • 6 small tomatoes, cut into 1/2- inch pieces • 1/2 cup balsamic vinegar
Directions
1. Preheat air fryer to 450 F. Rub 1 tsp oil over both sides of salmon, then sprinkle with seafood seasoning and pepper. In a greased air fryer basket, place salmon. 2. Cook about 10–12 minutes until fish flakes easily. 3. In a 6-qt stockpot, place remaining oil, garlic, and pepper flakes. Heat over medium-low heat for 3-4 minutes. Increase heat to medium-high. Add spinach and cook until wilted. Stir in tomatoes; heat through. 4. In a small saucepan, bring vinegar to a boil. Cook until vinegar is reduced by half, then remove from heat. 5. Arrange spinach on serving dish. Place salmon over spinach mixture and drizzle with balsamic glaze.
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INSIDE THIS ISSUE From the Desk of Gregory Kunkel, Esq. PAGE 1 The Dangers of Social Media in Legal Proceedings PAGE 1 Benefits of Physical Therapy Before Surgery PAGE 2 All About Knocker-Ups: England’s Human Alarm Clocks PAGE 3 Have a Laugh PAGE 3 Air Fryer Roasted Salmon With Sautéed Balsamic Spinach PAGE 3 5 Apps to Track Your Spending PAGE 4
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SETTING AND MAINTAINING BUDGETS IN 2023 The 5 Best Apps to Track Your Spending
PERSONAL CAPITAL Used mainly for investments, you can also get some budgeting assistance with this app! Checking accounts, savings accounts, credit cards, 401(k)s, loans, and mortgages can all be tracked and monitored on Personal Capital. The app even offers a net worth and portfolio tracker to help you get more out of your money. HONEYDUE Honeydue is an excellent app for couples because it allows each partner to see and track their finances, either separately or jointly. It can sync up bank accounts, investments, and loans and organize expenses into custom categories with personalized limits for each. The best part is that despite being made for partners, privacy can be toggled to each user’s specifications. FUDGET If you’d rather not sync up all of your financial accounts, Fudget may be right for you. The app is straightforward, with lists of incoming and outgoing money and a balance tracker. There aren’t any budgeting categories or graphs to interpret — it’s finance at its simplest. No matter what financial goals you strive to achieve this year, an app is an easy and accessible way to get you on the golden road in 2023!
Lots of people make New Year’s resolutions, and one of the most common themes is improving their personal finances. Whether they set out to better manage their debt, invest more in savings, or budget their spending better, a quick and easy-to-use app on their phone can make that goal much more attainable. Here are five of the best tools to track your spending: MINT CNBC rated this gem of an app the best free budgeting app! Along with extensive budgeting features that sync your checking accounts, savings accounts, loans, credit cards, investments, and bills, Mint can track your expenses and categorize them for budgeting. You can even set limits for each personalized category. The app is helpful for paying down debt, checking your credit score, and saving money.
YNAB Instead of tracking past transactions, YNAB is one step ahead and follows a “zero-based budgeting system,” which helps you plan for each dollar earned. When you’re paid, the app assists you in mapping out how much of the income you can spend in each category you set, helping you become more intentional with your spending habits.
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