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House Committee Advances Senate Bill For Higher Education Savings Plans

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STATEHOUSE (March 8, 2017) — The House Committee on Education this week advanced a bill sponsored by State Rep. Holli Sullivan (R-Evansville) that would prevent funds saved in a 529 education savings account from being considered as a determining factor when applying for public assistance programs or educational financial aid.

“Indiana’s CollegeChoice 529 plans are a great way to start investing early in a child’s future,” Sullivan said. “However, as of now, 529 savings can be considered an asset that can negatively impact financial assistance eligibility for the account beneficiary who may need additional aid.”

In 1997, Indiana launched its CollegeChoice 529 plan as a means to help families save funds for future post-secondary and higher education expenses. Sullivan said by ensuring that a student’s financial aid eligibility would not be impacted by their 529 savings account, more Hoosiers may be inclined to participate.

“Senate Bill 412 helps remove barriers that might cause some to give pause before they save for education with our state’s affordable, tax-advantaged CollegeChoice 529 Plans,” said Troy Montigney, executive director of the Indiana Education Savings Authority. “In clarifying that CollegeChoice 529 account balances cannot negatively affect eligibility for state financial aid and other critical benefits, we can help make the program even more accessible to Hoosiers of all income levels.”

Withdrawals from a 529 savings account are tax-free and can be used to cover the costs of a number of qualified expenses such as books, computers, tuition and room and board at any post-high school educational institution that is able to receive federal financial aid nationwide. This would ensure that the opportunities available to Hoosier students will not be limited for any reason.

“This is a simple change that could incentivize more Hoosiers to take advantage of the resources available to them and benefit children all over the state,” Sullivan said.

The bill now moves to the House floor for further consideration. For more information, visit iga.in.gov.

Men’s golf completes opening day of Bulldog Invite One more round remains on Thursday

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Four University of Evansville men’s golfers are in the top ten as the Purple Aces wrapped up the opening round of the Bulldog Florida Invitational at Windsor Park Golf Club.

Pacing the Aces was Tyler Gray.  A 2-over 74 on Wednesday has him in a tie for 5th place on the leaderboard.  Jon Pick had a nice day on the course, finishing the round one stroke behind Gray in 9th place with a 75.

Wil Pahud and Matthew Ladd are tied for 10th on the list.  Both carded rounds of 76 in the opening round.

Zac Turi completed the day tied for 27th place with an 80 while Cameron Weyer checked in with an 84 and is tied for 36th.  Noah Reese registered an 87 while Robert Waggoner finished with an 88.

It is a crowded group atop the team standings with Detroit holding the top spot with a 298.  High Point is in second with a 299 while Evansville is third with a 301.  Albany State (303) and Butler (309) finish off the top five.

High Point’s RJ Bartolomucci leads the individuals as his 2-under 70 is one ahead of Detroit’s Kyle Gaines.

On Thursday, the squads complete the event with a single round of 18 holes.

 

USI Softball rallies past WSC, earns two more wins

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CLERMONT, Fla.—University of Southern Indiana Softball rallied from a 6-2 deficit to defeat Wayne State College (Nebraska), 12-6, Wednesday morning to complete a two-game sweep of day four of The Spring Games.

The Screaming Eagles, who slipped to No. 16 in the latest NFCA Top 25 Coaches’ Poll, began the day with a 6-0 win over Concordia College (New York).

USI (13-3) resumes action Thursday when it takes on Le Moyne College (Noon CST) and Southwest Minnesota State University (2:30 p.m.) in Lake County, Florida. Le Moyne is receiving votes in the latest NFCA Top 25 poll.

Southern Indiana (13-3) 6, Concordia (NY) (1-2) 0

 

USI Softball scored six times in the bottom of the second inning to breeze past Concordia (New York), 6-0, to open the fourth day of The Spring Games.

The Eagles sent 10 batters to the plate and got RBIs hits from three different players in the second frame, including a two-run double by senior shortstop  Lexi Reese (Lebanon, Indiana).

Junior outfielder Olivia Clark-Kittleson (Carbondale, Illinois) began the scoring with an infield single to push across the first run. Sophomore infielder/catcher Lindsey Barr (Whitesville, Kentucky) crossed the plate when Concordia catcher Allison Beltz threw the ball to second trying to get Clark-Kittleson out on a stolen base attempt.

A walk and an error led to Reese’s two-run double to left-centerfield, while senior catcher Haley Hodges (Portage, Indiana) capped off the scoring with an RBI-single.

Sophomore pitcher Courtney Atkisson (Bringhurst, Indiana) earned the win after facing just two batters over the minimum in a two-hit, complete-game shutout. Atkisson (4-2) fanned two batters and did not issue a walk.

Southern Indiana 12, Wayne State (NE) (2-14) 6

 

Freshman pitcher Jennifer Leonhardt (Louisville, Kentucky) not only earned a win in a relief appearance, but she also went 2-of-3 from the plate with a home run, a double and four RBIs as the Eagles rallied from a 6-2 deficit to defeat Wayne State (Nebraska), 12-6.

Leonhardt (6-1) allowed just three hits and no runs, while striking out five batters in 4 1/3 innings of work as she earned her third straight decision. Her two-run double in the last half of the fifth inning capped off a four-run frame and tied the contest at 6-6.

In the sixth, USI got a two-run double from senior outfielder Grace Clark (Indianapolis, Indiana) to go up 8-6. Sophomore second baseman Claire Johnson (Pittsboro, Indiana) followed two batters later with a two-run single, while Leonhardt completed the Eagles’ six-run sixth inning with a two-run blast that put the USI in front, 12-6.

USI scored twice in the first inning as a sacrifice fly by Hodges followed by an RBI-double by junior first baseman Marleah Fossett (Brownsburg, Indiana) put USI up, 2-0.

Wayne State answered with a pair of runs second and four more in the third as the Wildcats built a commanding 6-2 advantage. Sophomore utility player Caitlyn Bradley (Forest, Indiana), who had a two-run single in the fifth, gave up three runs off six hits in 2 1/3 innings of work, whi

Eagles defeated by Florida Tech 8-1

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The University of Southern Indiana women’s tennis team fell 8-1 Wednesday morning to Florida Institute of Technology in Melbourne, Florida.

Junior Kelsey Shipman (Olney, Illinois) picked up the only point of the day for USI, defeating Maria Chun 7-6 (7-5), 1-6, 10-4, at number one singles. Freshman Lauren Hambrock (Terre Haute, Indiana) battled at number three singles, but was defeated 6-2, 6-4.

The Screaming Eagles dropped all three doubles matches on the day. Juniors Jennifer Mizikar (Batavia, Illinois) and Haley Jones (Ft. Branch, Indiana) took the loss at number three 8-4.

The next match for the Eagles is tomorrow when they face Stonehill College in a neutral site matchup at 10:30 a.m. (CST) in Melbourne, Florida.

 

Florida Tech 8, Southern Indiana 1
Mar 08, 2017 at Melbourne Florida (Campus Courts)

Singles competition
1. Kelsey Shipman (USI) def. Maria Chun (FIT) 7-6 (7-5), 1-6, 10-4
2. Alahna Reto (FIT) def. Brenna Wu (USI) 6-2, 6-0
3. Kayla Hergott (FIT) def. Lauren Hambrock (USI) 6-2, 6-4
4. Erin Egoroff (FIT) def. Kymberly Brannon (USI) 6-0, 6-5
5. Paloma Vela (FIT) def. Alex Jamison (USI) 6-0, 6-2
6. Lauren Stuckey (FIT) def. Haley Jones (USI) 6-2, 6-0


Doubles competition
1. Kayla Hergott/Meritt Rabson (FIT) def. Kelsey Shipman/Kymberly Brannon (USI) 8-2
2. Erin Egoroff/Mariana Castaneiras (FIT) def. Brenna Wu/Lauren Hambrock (USI) 8-3
3. Caroline Walter/Larissa Kiyoku (FIT) def. Jennifer Mizikar/Haley Jones (USI) 8-4
Match Notes
Southern Indiana 3-4
Florida Tech 7-2
Order of finish: Doubles (1,2,3); Singles (2,4,3,1,5,6)
Caroline Walter (FIT) defeated Jennifer Mizikar (USI) 8-2 in an exhibition match

Justices Remand Bloomington Property Partition Dispute

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Justices Remand Bloomington Property Partition Dispute

Olivia Covington for www.theindianalawyer.com

A woman’s case to partition and sell a Bloomington property will continue after the Indiana Supreme Court reversed a lower court’s finding that the husband and wife with whom the woman purchased the property were not tenants by the entireties of the property.

In 2002, a warranty deed on a Bloomington property near the Indiana University campus was granted to Cheryl Underwood, Kenneth Kinney and his wife, Judith Fulford.  The granting clause of the deed held that the three were granted the warranty “all as Tenants-in-Common.”

Twelve years later in 2014, a damages judgment was entered against Kinney and Underwood and in favor of Sheree Demming, Underwood’s former employer, becoming a lien on the property. Kinney died the same year, and in 2015 Underwood filed the present action asking the court to partition and sell the property and distribute its proceeds.

Thomas Bunger, personal representative of Kinney’s estate, moved to dismiss Underwood’s petition under Trial Rule 12(B)(6), arguing that the estate no longer had an interest in the property. Further, Demming moved for summary judgment, similarly arguing that the estate had no interest in the property and that she had a valid, enforceable lien against Underwood’s interest.

The Monroe Circuit Court granted both motions, finding that the deed clearly and unambiguously created “an estate by the entireties as to the interest of” Kinney and Fulford. The Indiana Court of Appeals affirmedthose decisions on appeal nearly one year ago.

The Indiana Supreme Court, however, reversed the trial court’s decision in a unanimous Monday opinion. Writing for the court, Justice Geoffrey Slaughter first noted that the granting clause in the warranty deed defeats the presumption that a conveyance of real property to spouses creates an estate by their entireties “by expressing an intention to create a tenancy in common among all three grantees – Underwood, Husband, and Wife.”

In 2002, the same year the warranty deed was granted, the Indiana Legislature reaffirmed the common-law presumption that spouses are tenants by their entireties, but reduced the showing required to overcome that presumption in Indiana Code Section 32-17-3-1(d) by holding that, “If: a contract expressly creates a tenancy in common; or it appears from the tenor of a contract that the contract was intended to create a tenancy in common; the contract shall be construed to create a tenancy in common.”

The deed’s granting clause included the phrase “all as Tenants-in-Common,” Slaughter said, and the use of the word “all” signifies that the grantor “did not view Husband and Wife as one entity whose unitary estate in the Property was by the entireties.”

“Were that his intention, the Deed would have described two sets of grantees – Underwood and Husband/Wife – and said they were acquiring their interests ‘both as Tenants-in-Common,’” the justice wrote. “We hold that the phrase actually used – ‘all as Tenants-in-Common’ – refers to more than two such tenants and denotes that ‘all’ three grantees take hold as tenants in common.”

Thus, the trial court’s contrary judgment in Cheryl L. Underwood v. Thomas Bunger, in his capacity as the personal representative of the Estate of Kenneth K. Kinney; Judith M. Fulford; and Sheree Demming, 53S01-1703-MI-126, was reversed and the case was remanded for further proceedings.

LOCAL LOCO MODEL TRAIN SHOW

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The Local Loco Model Railroad Club will be holding a Model Train Show on March 11 & 12 2017 at the Shepherd of the Hills Lutheran Church at 3600 Oak Hill Rd. in Evansville, IN.

The hours for the show will be 10:00 am – 4:00 pm on Saturday, March 11

Noon – 4:00 pm on Sunday, March 12.

The show will feature operating model railroad layouts inG Scale, O Lionel,  HO, N, Z scale and Lego & Wooden trains.

Admission is FREE and open to the public.

Kids of All Ages are sure to have a great time.

For further information call 812 479 0111

LOCAL LOCO MODEL TRAIN SHOW

Lawyer seeking Pence emails wants remand after learning about private account

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Lawyer seeking Pence emails wants remand after learning about private account

Olivia Covington for www.theindianalawyer.com

An Indianapolis attorney who is asking the Indiana Supreme Court to release documents sent to former Gov. Mike Pence is now asking the high court to remand the case in light of recent revelations that Pence used a personal email account for state business while governor.

Labor attorney William Groth filed a motion to remand in the Indiana Supreme Court Monday asking the justices to “stay its proceedings following resolution of the issues already briefed, and to remand the case to the trial court…in light of new information showing Governor Pence used his private email account for public business and did not produce those private email messages for review until March 2, 2017… .” Groth’s motion, filed by his attorney, Gregory Bowes, comes less than a week after it was revealed that Pence, now vice president, used a personal AOL account to conduct state business and subsequently fell victim to a hack on that personal account.

Groth also filed a reply brief on transfer in the Indiana Supreme Court on Monday, urging the court to order the release of certain emails sent to Pence as governor after he made the decision to join a Texas lawsuit challenging a federal executive order on immigration.

Groth filed a public records request for the emails in December 2014. When Pence responded, some documents were redacted while others, including a “white paper” outlining Texas’ legal theories in the case, were withheld entirely.

During arguments before the Court of Appeals, Pence’s counsel argued that his responses to Access to Public Records Act requests are exempt from judicial review under an “executive privilege.” A divided Court of Appeals rejected that argument, yet held that the contents of the redacted and withheld documents, particularly the legal contents, were protected communications and, thus, not subject to public access laws.

Groth and Bowes filed for transfer to the Supreme Court last month, but after learning about Pence’s private email use on Thursday, Bowes wrote in his motion to remand that “Mr. Groth believes Governor Pence’s private email accounts may not have been reviewed as part (of) the governor’s response to his public records request, and is concerned some of those messages may have been responsive to his request.”

Pence turned over 13 boxes containing emails from his private account on March 2 to current Gov. Eric Holcomb to comply with a requirement that all email messages containing agency-related information be preserved under the APRA. In the Monday remand motion, Groth wrote that while those emails likely won’t shed any additional light on the issues raised in his client’s appeal, “they may be germane to the underlying trial case.”

Thus, Groth urged the court to remand the case to the Marion Superior Court “for consideration of the private email account by the trial court after this appeal is decided.”

IU Hosts NCAA Zone C Diving Championships this Week

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BLOOMINGTON, Ind. – The Indiana University men’s and women’s diving teams will host the NCAA Zone Championships from Thursday to Saturday at the Counsilman-Billingsley Aquatic Center in Bloomington, Ind.

Live results for the three-day event can be found at IUHoosiers.com. There are five zone meets spread across the country that allow divers to qualify for the NCAA Championships. Based on performances at the previous NCAA Championships, each zone earns a set number of qualifying spots.

“The Diving Zone Championships in the Big 10 is always one of the toughest meets of the year,” Indiana head diving coach Drew Johansen remarked. “We have limited spots this year and it will take a strong performance to advance to the NCAA Championships. We are happy to be home this week and the team is healthy and ready for a great week of competition.”

NCAA Zone C Schedule
Thursday – Women’s 1-meter/Men’s 3-meter – 1:00 p.m. ET
Friday – Women’s 3-meter/Men’s 1-meter – 1:00 p.m. ET
Saturday – Women’s and Men’s Platform – 11:00 a.m. ET

Top-18 in the opening round/prelims advance to the finals. Scores will carry over.

Zone C NCAAs Qualifying Breakdown for 2017
Women’s Auto Qualifiers
1-meter: 8
3-meter: 9
Platform: 6

Men’s Auto Qualifiers
1-meter: 5
3-meter: 7
Platform: 7

Once a diver posts an auto-qualifying finish in an event, he or she only has to be among the top 12 to earn the NCAA Championships berth in the other events.

 

Be sure to keep up with all the latest news on the Indiana men’s swimming and diving team on social media – Twitter, Facebook and Instagram.

 

 

Adopt A Pet

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Just look at that smile! Betsy is a female American Staffordshire Terrier. She’s approximately 1 1/2 years old. She would do best in a home with older children only due to her energy level and temperament. Her $100 adoption fee includes her spay, microchip, vaccines, and more! Contact the Vanderburgh Humane Society at (812) 426-2563 for adoption details!

Tkachenko earns second MVC honor

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Freshman went undefeated over the last week

 

  1. ST.LOUIS – Purple Aces freshman women’s tennis player Diana Tkachenko was named the Missouri Valley Conference Women’s Tennis Athlete of the Week for the second time in a row on Tuesday.

It was another perfect weekend of play for Tkachenko as she led UE to a pair of victories over Florida A&M and Marian.  She began the week against the University of Cincinnati where she earned UE’s point in the match at #2 singles.  She defeated Kelly Poggensee-Wei, 6-1, 4-6, 1-0 (10-5).  She also teamed up with Nicoli Pereira to pick up a 4-3 win at #2 doubles.

Against Florida A&M, she played at flight two singles, winning over Arrice Robinson, 6-1, 6-1.  At #1 doubles with Pereira, the duo picked up a 6-1 triumph.  She had another great outing against Marian, shutting down Grace Neathery in second flight singles, 6-0, 6-0 while picking up a win in #3 doubles with teammate Leah Helpingstine.

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