Dale R. Yingling, DO, has joined the staff of the Maternal-Fetal Medicine & Genetics Center with St. Mary’s Medical Group. In his new role Yingling will provide prenatal care for high-risk pregnancies.
Yingling earned his medical degree from West Virginia School of Osteopathic Medicine in Lewisburg, W. Va., where he graduated with honors. He completed a residency St. John’s Hospital and Medical Center in Detroit, Mich., and a fellowship at Medical College of Georgia in Augusta, Ga.
Marilyn Odendahl for www.theindianalawyer.com
A landscaping company’s award for attorney fees has been sent back to small claims court for reconsideration after the business and the attorney failed to submit documentation supporting the fee amount.
Foegley Landscaping filed a breach of contract claim in small claims court against Stephen Smith, professor at Notre Dame Law School, for failure to pay the remaining $2,966 owed for yard improvements. Smith filed a counterclaim that Foegley had damaged his water drainage system and had not repaired it.
At the end of the trial, Foegley filed fee affidavits from its two attorneys, A. Robert Masters and Williams G. Murphey. Masters averred his firm billed the landscaping company $500 for its representation. Murphey averred his fees totaled $4,054.90, but he did not provide any documentation about his hourly rate or other explanation.
The small claims court entered a judgment of $5,410.55 in favor of Foegley which included the principal amount of the claim, interest and “reasonable†attorney fees of $1,500.
After the small claims court upheld the attorney fees award, Smith appealed. He argued the award of Murphey’s fees was unreasonable because the attorney did not submit any documentation for the work he did.
The Indiana Court of Appeals agreed.
In Stephen F. Smith v. Foegley Landscape, Inc., 71A03-1405-SC-169, the Court of Appeals affirmed the small claims court’s judgment in favor of the landscaping company on its breach of contract claim. However, the appellate court reversed and remanded the award of attorney fees.
“…there is no evidence in the record concerning the nature of Murphey’s representation, the hours he spent on the case, or his hourly charge,†Judge Rudolph Pyle III wrote for the court. “He merely submitted an affidavit to the small claims court stating that, as a result of his representation, Foegley Landscape had incurred costs and legal expenses of $4,045.90 related to the litigation. Absent information concerning the nature of Attorney Murphey’s services, the small claims court could not have properly evaluated the reasonableness of his fees and therefore abused its discretion in awarding attorney fees.
The coalition of local Victim Assistance agencies (Albion Fellows Bacon Center, Holly’s House, YWCA, Vanderburgh County Prosecutor’s Office, Lampion Center) received funding from the National Association of VOCA Assistance Administrators (NAVAA) through a grant from the Office for Victims of Crime (OVC), within the Office of Justice Programs, U.S. Department of Justice, to promote community awareness of crime victims’ rights and services during the 2015 National Crime Victim’s Rights week.
This week (April 19-25, 2015), is National Crime Victim’s Rights Week (NCVRW). This annual observance, first designated by President Ronald Reagan in 1981, seeks to increase general public awareness of, and knowledge about the wide range of rights and services available to people who have been victimized by crime. The theme for the 2015 National Crime Victims’ Rights Week is “Engaging Communities. Empowering Victims.â€
This year, the Vanderburgh County NCVRW Coalition has opted to gear the fight towards human trafficking in our community. This well known, little discussed problem is one that must be addressed. Thousands of bars of soap with the human-trafficking hotline number have been provided to area businesses and establishments in hopes that the number may reach someone in need. There will also be shirts given away to honor this important week and a billboard to raise awareness. The local NCVRW coalition is proud to take a stand and be a continued voice for Crime Victims in the Tri-State.
Since 2004, the NCVRW Community Awareness Project has provided financial and technical assistance to more than 720 community projects that promote victim and public awareness activities, and innovative approaches to victim outreach and public education about victims’ rights and services during NCVRW. Vanderburgh County was one of the 90 projects recommended by the National Association of VOCA Assistance Administrators and selected for funding by OVC for 2015 from the 194 applications that were submitted nationwide.
The EVSC Board of School trustees tonight approved a weekly tuition increase for one of its three Early Childhood Education programs, which is currently self-funded. Costs for operating the fee-based early childhood programs — Little Husky World at Scott School; Little Panther World at Daniel Wertz, and Little Bulldog World at Dexter — have increased due to licensing and accreditation requirements, and are causing the program to run at a deficit.
These programs are designed for working families who need Pre-K classes combined with childcare. They are open from 7 a.m. to 5 p.m., Monday through Friday during the school year — serving 3 and 4 year olds.
All of the EVSC pre-school sites are now licensed by the state of Indiana; are either accredited or awaiting accreditation from the National Association for the Education of Young Children (NAYEC); and are rated a Level 3 or 4 on Paths to Quality.
The EVSC’s current rate of $130.00 per week is the lowest in the area as compared to other Level 4 Pre-K establishments. EVSC records indicate that there has not been a rate increase in the fee-based early childhood program in the past five years.
The board approve an increase to $160.00 per week for new enrollees. For returning students, the increase would raise to $145.00 next year; and EVSC employees fee would continue at $130.00 per week.
The other two Early Childhood programs — Title 1 supported Pre-K classes and the state’s pilot On My Way Pre-K — will remain free for qualifying families.
Enrollment is now taking place for all of the programs. Deadline for enrollment for the state pilot – On My Way Pre-K is April 30. For information, please call 812-435-8219.
Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Friday, April 17, 2015
Cesar Pena                    Battery by Bodily Waste-Level 6 Felony
Resisting Law Enforcement-Class A Misdemeanor
Public Intoxication-Class B Misdemeanor
Dwight Taylor             Auto Theft-Level 6 Felony
Julien Hilton             Trafficking with an Inmate-Level 5 Felony
False Informing-Class B Misdemeanor
Possession of Marijuana-Class B Misdemeanor
Operating a Motor Vehicle Without Ever Receiving a License-Class C
Misdemeanor
Allen Purcell             Â
Theft-Level 6 Felony
For further information on the cases listed above, or any pending case, please contact Kyle Phernetton at 812.435.5688 or via e-mail at kphernetton@vanderburghgov.org
Under Indiana law, all criminal defendants are presumed to be innocent until proven guilty by a court of law
 PRE-SALE starts Wednesday, April 22 at 10:00am thru Thursday, April 23 11:45pm. Pre-Sale Code: MOOSE Tickets go on-sale to general public on Friday, April 24th at 10:00am. |
Saturday, May 30th at 8:00pm JAMEY JOHNSON |
find tickets |
| Eleven-time Grammy-nominated singer-songwriter Jamey Johnson is “one of the greatest country singers of our time,†according to the Washington Post. He is one of only a few people in the history of country music to win two Song of the Year Awards from both the CMA and ACMs. Jamey Johnson and Special Guest Chris Hennessee will be at the Aiken Theatre on Saturday, May 30 at 8:00pm. Get you tickets early!
Dinner & Show available, call Megan at 812-435-5770 ext. 302 for details. |
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| more link | ||
| Price: $37.50, $27.50, $17.50 |
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Raging Moderate by Will Durst
Don’t look now, but the Democratic Party is undergoing an identity crisis of such monumental proportions, the Dissociative Identity Disorder people have called and are requesting artifacts for their Hall of Fame. They’re going to put Obama’s basketball hoop right next to Sally Field’s purple crayon.
In the realm of improbabilities, it’s hard to beat… Democrats and their message. A lot like saying the Eskimos and their convertibles. The Mormons and their all-night dance marathons. ISIS and their art appreciation seminars.
In the wake of suffering what can only be described as the most gruesome drubbing in the history of midterm elections, and yes, that includes the Republican sweep following The Panic of 1893, the Democrats commissioned a report to investigate what the hell went wrong and how to get their mojo back. Although, Harry Reid using the word “mojo†is probably not something you want to be ruminating upon right before bedtime.
Ironically, this was the same self-analysis Republicans turned to after losing the presidency in 2012 to a black guy named Husssein in the middle of a lousy economy. There’s a word for contemplating your navel as a form of meditation: omphaloskepsis. And who can dispute that Democrats are the most naturally omphaloskeptic of the major parties? With Tea Partiers suffering from sesquipedalophobia – fear of long words. And Libertarians most likely to be ablutophobic – which is fear of bathing.
This election post-mortem was based on interviews and studies and surveys and astrological forecasts and ratings on IMDB of the first two Hobbit movies and some random notes found on the backs of spindled lunch receipts and fortune cookie messages but only from indigenously correct restaurants in the Chinatown sections of four large metropolitan areas on the west.
Though the official report isn’t scheduled to come out until May, preliminary findings of the soul-searching have been released, and the Dems have come to the considered opinion that it isn’t their message keeping them from a humongous pile of electoral victories, but the delivery of it. This time they really do blame the messenger. And it’s them.
Yeah, and Domino’s would be renowned for terrific pizza if only they could figure out how to keep it from arriving cold and mealy with congealed cheese stuck the inside top of the box. And they used quality ingredients. Oh yeah, there’s that.
Amazingly, this is the same exact conclusion the GOP reached in their post-Romney autopsy. You have to wonder if these guys use the same consultants. And guess what, they do.
Former Democratic National Chairman and Pennsylvania Governor Ed Rendell blamed his party’s inability to get their point across because “our message is reasonable and intelligent, and almost inherently nuanced.†Well, there’s your problem right there. Inherently nuanced? Yeah, that floats down the middle of Main Street like a buzzard on a zephyr.
Hey guys, the answer is pretty simple. You want to be the smart party, stop doing stupid stuff. You want to be known as a party with a winning message, quit being such losers. Want the middle class to turn to you for opportunity, provide some middle class opportunity. For crum’s sake, stand for something. Anything. Besides the national anthem, that is.
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Copyright © 2015, Will Durst, distributed by the Cagle Cartoons Inc. syndicate.
Will Durst is an award- winning, nationally acclaimed political comic. Go to willdurst.com to find about about his new one-man show “BoomeRaging: From LSD to OMG,†and info about the San Francisco premier of the documentary film “3 Still Standing,†@ the Marines Memorial Theater.
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Fraud prevention events occurring statewide INDIANAPOLIS – Attorney General Greg Zoeller says Money Smart Week, which runs April 18-25, is another reminder to Indiana residents to protect themselves from identity theft and other financial crimes. Money Smart Week is a national public awareness campaign designed to help consumers better manage their personal finances, as well as take ownership of their credit and information in order to guard against fraud. “So much of our personal and financial information is stored online that we are constantly at risk for identity theft and similar crimes,†Zoeller said. “Recent breaches at well-known institutions have served as a wake-up call to everyone that our data is not safe. We need to bring that awareness to the next level and take proactive steps to protect our own identities in the digital age.†More than 1,300 Indiana residents filed identity theft-related complaints with the Attorney General’s Office in 2014, and nearly 400 data breaches were identified. Since the start of 2015, the AG’s Office has received nearly 150 breach notifications. Zoeller said the best protection against identity theft is to freeze your credit with the three credit agencies, prohibiting criminals from opening up new lines of credit in your name. This service is provided to Indiana residents for free through the Attorney General’s website, www.IndianaConsumer.com. A credit freeze can be lifted at any time in order to apply for new credit or a loan, and it does not impact existing lines of credit. Zoeller successfully advocated for legislation last year that allows parents to freeze the credit of their children as well. He encouraged people to follow these and other fraud prevention tips, including:
The Indiana Attorney General’s Outreach and Victim Services Division is participating in community forums across the state focused on financial literacy and fraud prevention during Money Smart Week. These events are open to the public. Tuesday, April 21
Wednesday, April 22
Thursday, April 23
Friday, April 24
The Attorney General’s Identity Theft Unit was created in 2008 to help victims of identity theft, assist law enforcement in the investigation and prosecution of identity theft suspects, and review data breaches that impact Indiana consumers. The Office enforces the Disclosure of Security Breach law, which requires businesses to inform customers about security breaches that have placed their personal information in jeopardy. The Office can seek up to $150,000 for data breaches that have not been properly disclosed to Indiana customers. In 2014, the Identity Theft Unit helped to return $679,154 to Indiana residents harmed by identity theft or a data breach. For more tips on preventing and recovering from identity theft, visit www.IndianaConsumer.com. More information about national Money Smart Week can be found at www.moneysmartweekpartners.org. |
ENJOY YOUR NEW “DAILY TOPIC FORUM” AS OF APRIL 21Â 2015
For the last couple of month we have been watching our bloggers getting off topic. Sometime the posters got real personal and insulting. With much thought and planning we have decided to add a new section to the CCO so you can go off topic long as you want. The name of this new section is called “DAILY TOPIC FORUM.”  We placed this new section in the upper right hand corner.  This site is ready for you to post your off messages on a daily basis.
Attached is the new CCO posting rules for your review and compliance.
CITY COUNTY OBSERVER New Posting Rules And Guidelines As Of April, 21, 2015
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, threatening, abusive, or hateful.  Comments should further the discussion on a given subject or article and not veer off topic unless your posting on the “DAILY TOPIC FORUM.”  We reserve the right to remove comments posted for sock puppeting purposes, where a user creates another persona to comment on their own previous comment.
You are legally responsible for what you post. Your anonymity is not guaranteed on this site. City County Observer will not share your private information with anyone unless you expressly instruct us to do so or we are required by law to do so. Â We do not sell, rent, or give your information to any other company.
No solicitations are allowed. Links to other informational websites may be deleted if they are off topic or violate the substantive provisions of this policy.
City County Observer has created this privacy statement in order to better allow for the exchange and dialogue of ideas in promoting better public policy. Â At the same time, we have a strong commitment to privacy.
PLEASE TAKE TIME TO READ OUR READERS POLL QUESTION AND CAST YOUR VOTE ACCORDINGLY. ALSO PLEASE TAKE TIME TO READ TODAYS FEATURE ARTICLE POSTED ON THE UPPER LEFT HAND PAGE.
