In this issue:
1. Long-term Care Insurance (LTC).
2 Recent cases: Confidential statements may be subject to criminal subpoenas.
3 DMV surcharge not subject to discharge.
4. Flight from illegal stop not a crime.
5- New articles on website NJlaws:
Summons, Complaint & Answer in family cases
Parole
Going to Court
New law permits a court to refrain from imposing driver's license suspension on defendant convicted of drug offense if compelling circumstances exist.
5:3-4. Counsel: Appearance; Prosecutor in Family Court cases
Rule 5:1-4. Differentiated Case Management in Civil Family Actions
RULE 5:5. Pretrial Procedures and Discovery in family cases
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1. Long-term Care Insurance (LTC).
The following information has been suggested by the Pavese-McCormick Agency, Inc.:
Here are a few of the important things to know about long-term
care insurance:
Cost-of-Living Adjustment (COLA)
Make sure your policy provides automatic increases in the
maximum daily benefit to keep up with inflation. This is
especially important if you are likely to have the policy for a
while. The cost of care is going to be much more 10 or 15 years
from now than it is today.
Home Care
The policy should cover custodial care expenses incurred in your
home. The more coverage the better. More and more, professional
long-term care services are being provided in the patient's home.
As this trend continues, you'll be happy you have the coverage
when you need it.
No Hospitalization Requirement
Make sure the policy does not require a hospital stay before the
benefits kick in. More than 60% of nursing home residents aren't
hospitalized prior to being admitted to a long-term care facility.
Benefit Triggers
The policy should go into effect if you are unable to perform one
or more "activities of daily living" (Addles.)
Dementia Included
Make sure your policy provides coverage for "cognitive
impairment," whether it is because of Alzheimer's or some other
form of dementia.
When choosing a long-term care policy, you must consider your
financial situation and whether you can afford the policy you
want/need. If you have any questions about long-term care
insurance, please call our office.
Have a great day!
Ray Pavese & Mike McCormick
Pavese-McCormick Agency, Inc.
mikem@pavesemccormick.com
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2 Recent cases: Confidential statements may be subject to criminal subpoenas. State v. Joseph Clark 381 NJ Super. 41 (App. Div. 2005).
Defendants, one of whom is a retired municipal court judge, are charged with tampering with public records, N.J.S.A. 2C:28-7a(2), and falsifying or tampering with records, N.J.S.A. 2C:21-4a. The state is entitle to subpoena the statements of three defendants provided to the Advisory Committee on Judicial Conduct, notwithstanding the confidentiality provisions of R. 2:15-20. The defendants presented no objections to the subpoena; only the ACJC sought to have it quashed.
3 DMV surcharge not subject to discharge. In Re Schick 418 F. 3d. 321 (3rd Cir. 2005).
The circuit panel considers whether, under the Bankruptcy Code, a lien held by the N.J. Motor Vehicles Commission for unpaid motor vehicle surcharges and interest constitutes a judicial lien -- which may be avoided by the debtor to the extent that it impairs her entitlement to a homestead exemption -- or a statutory lien, which may not be avoided. Noting the split among the district courts on this issue, the panel holds that the lien is statutory, and affirms the decision of the District Court in this case.
4. Flight from illegal stop not a crime. State v. Williams ___ NJ Super. ___ (App. Div. 2005.) A-596-03T4
The defendant Marcellus Williams' motion to suppress evidence should have been granted because the police lacked a reasonable and articulable suspicion to conduct an investigatory stop that was based on an anonymous tip which described the readily observable location and appearance of the subject but which alleged criminal activity that was never corroborated. Furthermore, the search that followed the defendant's flight could not be legitimized as incidental to his arrest because his nonviolent flight from the unreasonable search and seizure could not be validly criminalized.
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5- New articles on website NJlaws:
Summons, Complaint & Answer in family cases
http://www.njlaws.com/complaint-answer-in-family-cases.htm
Parole
http://www.njlaws.com/parole.htm
Going to Court
http://www.njlaws.com/going_to_court.htm
New law permits a court to refrain from imposing driver's license suspension on defendant convicted of drug offense if compelling circumstances exist.
http://www.njlaws.com/refrain-from-imposing-license-suspension.htm
5:3-4. Counsel: Appearance; Prosecutor in Family Court cases
http://www.njlaws.com/counsel_appearance_prosecutor.htm
Rule 5:1-4. Differentiated Case Management in Civil Family Actions
http://www.njlaws.com/differentiated-case-management.htm
RULE 5:5. Pretrial Procedures and Discovery in family cases
http://www.njlaws.com/pretrial-procedures-and-discovery-family-cases.htm
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Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
PHONE 732-572-0500 (Fax) 732-572-0030
website: www.njlaws.com
The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
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