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Misleading property deed offers lead to state lawsuit

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Greg Zoeller

Zoeller’s office also seeks preliminary injunction against Illinois-based company

INDIANAPOLIS – Indiana Attorney General Greg Zoeller filed a lawsuit today against a company accused of using government-like mailings to offer copies of property deeds for exorbitant fees.

Illinois Deed Provider, Inc. also doing business National Record Service, Inc. and National Deed Service, Inc. sent mailers to property owners offering certified copies of deeds for $59.50 and an additional copy for $20. Property deeds – which are usually one to two pages – are public records and county recorders can provide copies for free or at a nominal cost, often times a $1 per page.

“The solicitations mimic government legal documents which mislead consumers into believing they need a copy of their property deed,” Zoeller said. “Homeowners are not required to have copies even when they go to sell a property and they can obtain these documents from their county recorder’s office at little or no cost.”

According to the lawsuit filed in Allen County Superior Court, the company’s notices contained the property owner’s name, address, property deed document number and county recorder’s information. Interested persons would fill out the form and return it with a check, money order or credit card information. Zoeller said this is the first lawsuit his office has filed against this type of business.

Some of the company’s mailers claim, “The U.S. Government Federal Citizen Information Center website recommends that property owners should have an official or certified copy of their deed.” According to the lawsuit, the federal website does not contain such information and the federal government actually warns consumers of companies offering to sell you a certified copy of your deed.

The state alleges the company violated the Deceptive Consumer Sales Act and the Deceptive Commercial Solicitation Act. Zoeller’s office seeks an injunction, consumer restitution, civil penalties and investigative costs.

“Hoosiers have enough to consider when they purchase a home. In the midst of a flurry of paperwork and expensive decisions, this official-sounding solicitation arrives, seeming like yet another thing a buyer is required to do,” said Allen County Recorder John McGauley. “Recorders across Indiana have long felt the National Deed Service offer is exorbitant and misleading. We thank Attorney General Zoeller for the opportunity to settle the question once and for all.”

The Attorney General’s office also filed a motion for a preliminary injunction against the company which would prohibit it from sending these notices to consumers pending a final judgment by the court. Zoeller thanked county recorders who assisted in the investigation and those who voiced their concerns regarding these types of services.

If you have any doubts about a mailing offering a government-provided service, contact the entity directly to confirm the solicitation’s legitimacy. If you have received a notice or paid for this service, you can file a complaint with the Attorney General’s office by visiting www.IndianaConsumer.com or requesting a complaint form be mailed to you by calling 1.800.382.5516.

Zoeller thanked Deputy Attorney General Lisa Wolf for her work on the case and her dedication to the Consumer Protection Division.

Bosse Teacher to Receive Peabody Leader in Education Award

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EVSC

Amy Bonenberger, math teacher at Bosse High School, is the EVSC’s latest recipient of the Peabody Energy Leader in Education Award. Bonenberger will receive the award at a SURPRISE reception yesterday in the Bosse Fine Arts Gallery at Bosse High School.

“Choose Not To Lose” youth outreach program announced today

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With the unveiling of 7 new Police/ Sheriff Jeep Wranglers, our communities’ newest youth outreach program was introduced on Monday. Each Jeep will be assigned to a School Resource Officer and reflect the High School for the district they are assigned to. The Jeeps and the artwork on them were donated by Bennett Motors and Audubon Chrysler Center.
The program, entitled “Choose Not to Lose”, is a community partnership between many groups. The program will stress the importance of making good choices. It will also create friendships between the students of EVSC, Evansville’s Catholic schools, and local law enforcement officers.
The first phase of the program is to reach out to the kids and let them know that there are consequences for all choices, good and bad. Many times, kids feel only the bad choices ever get any attention. Our goal is to change that belief. By recognizing the positive choices being made on a daily basis, we hope to re-enforce that type of good behavior.
There will be age appropriate activities that will “drive” our message home. From coloring books for the youngest to summer camps for the oldest, this multifaceted program has something for everyone. Activities will be conducted throughout the school year to keep the students involved and to reward their good citizenship.
This is a long term commitment from all the of the community partners who came together to make this happen. This program is being provided through donations and people volunteering their time. All of the activities will be free to participate in and all students who earn their citizenship award at school will be eligible for the activities. The students who do not earn their citizenship award will be encouraged to improve and given the guidance to help them be successful.

Indiana State Police Recruits Receive Patrol Vehicles

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The issuing of state police vehicles marks the conclusion of formal training that began for each member of the 72nd Recruit Academy. The academy started on July 8, 2012 and graduation occurred on December 21, 2012. Since graduation, each recruit has progressed through a formalized on-the-job training program to put to practice what was learned in the academy. Now each officer is assigned their patrol vehicle and will engage in daily patrol functions at their assigned state police post.

Below is a list of each recruit and their assigned state police post duty station:

Last Name First Name DISTRICT ASSIGNMENT

Beaver Zachary Lowell
Bohling Brandon Lowell
Daly Nicholas Lowell
Escutia, Jr Rogelio Lowell
Kocinski Erik Lowell
Madison Jason Lowell
Allen Aaron Lafayette
Grayson Stephen Lafayette
Gum Clayton Lafayette
McGee Bernard Lafayette
Bayly Joshua Peru
Reason Benjamin Peru
Waldron Tyson Peru
York Adam Peru
Crabtree Grant Toll Road
Durham Patrick Toll Road
Garrett Andrew Toll Road
Price Mark Toll Road
Rafferty Ross Toll Road
Stanek Chad Toll Road
Superczynski Justin Toll Road
Zehnder Dustin Toll Road
Hatfield Caleb Ft. Wayne
Stevens James Ft. Wayne
Thrasher Joshua Ft. Wayne
Tummers Michael Bloomington
Van Arsdale Randall Bloomington
Allen Michael Jasper
Beaver Andrew Jasper
Dunsworth Jason Jasper
Seifert Coty Jasper
Gramig Brent Evansville
Mull Bradley Evansville
Hutson Robert Versailles
Mitchell Andrew Versailles
Sperle Jamey Versailles
Parkes Scott Sellerbusrg
Schumacher Kristi Sellerbusrg
Otter, Jr Raymond Pendleton
Weaver Clint Pendleton
Brownfield Nicholas Indianapolis
Butt, Jr Walter Indianapolis
Deffit Luis Indianapolis
Heiny Wade Indianapolis
Helmbrecht Matthew Indianapolis
Portteus Ian Putnamville
Smith Erik Putnamville

Picture Notes:
Picture #1 is Formation of Six Troopers with Newly Assigned Cars
Picture #2 is Formation of State Police Vehicles
Picture #3 is Supt. Doug Carter (L) with Un-named New Trooper (R)
Contact Information:
Capt. David R. Bursten
Public Information
317-232-0064
DBursten@isp.in.gov

Blue Alert program enacted to address public safety

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STATEHOUSE – House Enrolled Act (HEA) 1151, co-authored by State Representative Ron Bacon (R-Chandler), was signed into law by Gov. Mike Pence this week.

HEA 1151 creates the Blue Alert program, which will notify the public when a law enforcement officer is killed, seriously injured, missing in the line of duty, or if the criminal who caused harm has not been apprehended and may be a danger to others. The program will be operated by the Indiana State Police Department.

“The Blue Alert program will help address issues of public safety in our communities,” said Rep. Bacon. “Hoosier law enforcement officers are always putting their lives on the line to protect us as they selflessly serve to keep our communities safe. The Blue Alert program is a tool to help inform and keep the public out of harm’s way.”

The Blue Alert program will operate similar to the already existing Amber Alerts and Silver Alerts for missing children and missing or endangered adults. This will provide an extra layer of protection for law enforcement officers and the general public.

“The program will notify the public if the criminal has not been apprehended. It will ensure that law enforcement officers and Hoosiers remain safe and informed when there is a tragedy that occurs around them,” said Rep. Bacon

HEA 1151 will go into effect on July 1, 2013.

VANDERBURGH COUNTY FELONY CHARGES

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Evansville, IN – Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Friday, April 5, 2013.

Desmonz Fullilove Possession of Cocaine – Class A Felony
Possession of Marijuana – Class A Misdemeanor
Operating a Vehicle without ever Receiving a License – Class C Misdemeanor

Juan Medrano-Gonzalez Battery Resulting in Serious Bodily Injury – Class C Felony

Angel Weathers Possession of Cocaine – Class D Felony

Daryl Gilmer Possession of Cocaine – Class D Felony
Possession of Paraphernalia – Class A Misdemeanor
(Enhanced to a Class D Felony due to Prior Convictions)

Joshua Hall Possession of Methamphetamine – Class D Felony

Achilles Johnson Dealing in Cocaine – Class A Felony
Possession of Cocaine – Class B Felony (Three Counts)
Possession of Altered Handgun – Class C Felony
Dealing in Marijuana – Class C Felony (Three Counts)
Possession of Marijuana – Class A Misdemeanor
(Enhanced to a Class D Felony due to Prior Convictions)
Possession of Marijuana – Class D Felony
Maintaining a Common Nuisance – Class D Felony
(Habitual Substance Offender Enhancement)

Robert Taylor Operating a Motor Vehicle as a Habitual Traffic Violator – Class D Felony

Richard White Domestic Battery – Class D Felony

For further information on the cases listed above, or any pending case, please contact Regene Newman at 812.435.5156 or via e-mail at rinewman@vanderburghgov.org

Under Indiana law, all criminal defendants are considered to be innocent until proven guilty by a court of law.

SENTENCE CHART

Class Range
Murder 45-65 Years
Class A Felony 20-50 Years
Class B Felony 6-20 Years
Class C Felony 2-8 Years
Class D Felony ½ – 3 Years
Class A Misdemeanor 0-1 Year
Class B Misdemeanor 0-180 Days

GREGG ALLMAN COMING

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greg allman

VICTORY THEATRE
TUESDAY, JUNE 25, 2013
7:30 PM

Tickets on sale Friday, April 12 at 10:00 AM.
All seats reserved: $59.50 / $49.50 / $39.50

Tickets can be purchased from the Ford Center Ticket Office, all Ticketmaster locations, Ticketmaster.com, or charge by phone at (800) 745-3000.

For more information about the Victory Theatre, visit:
www.victorytheatre.com www.facebook.com/VictoryTheatre www.twitter.com/Victory_Theatre

Great Quotes from Prime Minister Margaret Thatcher

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British Prime Minister Thatcher
British Prime Minister Thatcher

“I think we have gone through a period when too many children and people have been given to understand, ‘I have a problem, it is the government’s job to cope with it!’ or, ‘I have a problem, I will go and get a grant to cope with it!’ ‘I am homeless, the government must house me! And so they are casting their problems on society and who is society? There is no such thing! There are individual men and women,”

“Being powerful is like being a lady. If you have to tell people you are, you aren’t.”

“If you just set out to be liked, you would be prepared to compromise on anything at any time, and you would achieve nothing.”

“Disciplining yourself to do what you know is right and important, although difficult, is the highroad to pride, self-esteem, and personal satisfaction.”

“To me, consensus seems to be the process of abandoning all beliefs, principles, values and policies. So it is something in which no one believes and to which no one objects.”

“You may have to fight a battle more than once to win it.”

“I seem to smell the stench of appeasement in the air.”

“To cure the British disease with socialism was like trying to cure leukemia with leeches.”

“There are still people in my party who believe in consensus politics. I regard them as Quislings, as traitors… I mean it.”

“People think that at the top there isn’t much room. They tend to think of it as an Everest. My message is that there is tons of room at the top.”

“If you want to cut your own throat, don’t come to me for a bandage.”

“Pennies do not come from heaven. They have to be earned here on earth.”

We Need an IQ Test for Politicians: by Professor Glenn Reyolds

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While politicians talk about expanding background checks for gun owners, I’m starting to think that what we really need are IQ tests for political officeholders. The only problem is, that might leave us with a lot of vacancies in Congress and America’s statehouses.

The debacle over New York’s rushed-through gun bill is one example of what happens when enthusiasm meets stupid. But another is to be found in Rep. Diana DeGette (D-Colo.), who supports a ban on full-capacity magazines without understanding what a magazine actually is.

Last week, DeGette justified her position this way: “I will tell you these are ammunition, they’re bullets, so the people who have those now they’re going to shoot them, so if you ban them in the future, the number of these high capacity magazines is going to decrease dramatically over time because the bullets will have been shot and there won’t be any more available.”

Um, ah . . . no. Completely wrong, in fact.

To make things simple enough that even a member of Congress can understand, it’s like this: Magazines aren’t “bullets.” They’re, basically, metal boxes with springs. You fill them up with bullets, and put them in a gun. When the gun fires the bullet on top, the spring pushes a new one up so that it can load into the chamber. When you fire all the bullets, you pop out the box-with-spring and replace it with another.

And, when you have a few minutes, you can put new bullets in the box and it’s ready to go again.

DeGette’s remark was akin to that staple of hippie parodies, the old fogey worried about people “shooting up marijuana” — an obvious mistake that made clear the fogeys didn’t have a clue about the realities of what they feared.

It’s an embarrassing admission of ignorance and incompetence.

But ignorance and incompetence are on regular display among our political class. Its members are good at what they do — but what they do, really, is raise money and win elections. There’s no particular correlation between those skills and any other kind of competence. In fact, given their record of passing increasingly dumb laws, if there’s any correlation at all, it’s a negative one.

Gun law isn’t the only example of regulation-by-dimness, but it’s certainly a prime arena. The 1994 Assault Weapons Ban, for example, focused entirely on cosmetic characteristics. At an Association of American Law Schools meeting that year, I watched law professor Joseph Olson turn a plain-vanilla Ruger Mini 14 into a dreaded “Assault Weapon” by adding a pistol grip, folding stock, bayonet lug (“not much bayonet-lug crime,” he joked) and so on.

All the actual gun-parts were the same; the law in question focused instead on flashy accessories — like regulating cars based on mag wheels and spoilers, instead of the horsepower in the engine.

Do politicians really think that such transparently silly rules make us safer? It’s hard to say. The brighter ones no doubt realize that the whole thing is a sham, useful mostly for rallying the troops, garnering TV time and distracting voters from things like lingering unemployment and the ever-mounting debt.

On the other hand, how many of the “brighter ones” are there, really? The evidence doesn’t look good.

On the up side, voters may be catching on. The evidence for that is that, despite 24-7 media hype and nonstop political posturing, the public’s not showing much enthusiasm for flashy new gun-control efforts. (Even here in New York, Gov. Cuomo’s poll standing dropped sharply after his gun bill passed).

Politicians getting smarter on their own is probably too much to hope for. But maybe if voters wise up, a smarter crop of politicians will follow.

Glenn Harlan Reyolds is a law professor at the University of Tennessee.

IS IT TRUE April 8, 2013

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The Mole #??
The Mole #??

IS IT TRUE the Evansville Redevelopment Commission has over the past 4 or 5 years has reached such a low position of respect in the minds of the taxpayers of Evansville that many are now calling for the ERC to simply be disbanded?…it all started back during the Weinzapfel Administration when the then members of the ERC were sitting in disbelief over the revelation that the hotel they were being asked to help pay for that would only have a value of $20 Million when completed would cost over $30 Million to build?…given the makeup of this body and the important money management tasks they are expected to do what should surprise people is that the ERC can’t do valuation studies and understand construction costs in their sleep?…gross ineptness that can only come from a government driven groupthink orgy was also exhibited during the McCurdy debacle?…the ERC resembled a herd of deer in the headlights when it was revealed that the taxes had not been paid on the McCurdy?…these basic bits of knowledge are fundamental to being competent to serve on any redevelopment commission anywhere?

IS IT TRUE the Evansville Redevelopment Commission really does seem to be incapable of serving the public well even if stocked with blue chip performers?…it is sometimes like the ERC is Evansville’s version of the dream team that can’t beat a high school team?…the ERC has been used as a tool by Evansville’s Mayors to dictate public project spending and in some cases the spending was not in the best interest of the public?…the Mayor holds 3 appointments to the ERC and the City Council has 2?…this is a formula for what we are seeing here in Evansville?…when a Mayor with an agenda holds 3 appointments on a 5 member board that does indeed carry a high level of prestige in some eyes AND that Mayor is on an aggressive agenda nothing but a disaster can play out either from incompetent appointments or obedient appointments?…with a wily clever Mayor in the house the City Council appointments are irrelevant?…it is time for Evansville and maybe a host of other cities to either disband their redevelopment commissions or give them elected status?…we can no longer afford to fund the musings of an agenda to fun and games?…with the ERC neutralized by the voting public Mayors will no longer have the ability to spend willy nilly on game playing?

IS IT TRUE that the Wichita State Shockers that lost twice to the Evansville Aces came within a couple of minutes of derailing the championship aspirations of the Louisville Cardinals?…the CCO believes that 2013 may be the first time that the Aces beat a final four team in the year that team went to the final four?…the performance of Wichita State in 2013 proves that the University of Evansville is capable of fielding a team that can compete at that level?…it will be up to the athletic department to go out and get the players to compete with?…the University of Louisville became just the 3rd team to place both their men’s and women’s basketball teams in the national championship in any given year?…only Duke in 1999 and Connecticut in 2004 (both won) have done that before?…Louisville did become the one and only program to have both men’s and women’s basketball in the NCAA Championship AND win a BCS Bowl in football in the same school year?…that is a major accomplishment for a school that at one time was on par with the University of Evansville in both football and basketball?

IS IT TRUE the Evansville Convention and Visitor’s Bureau seems hell bent and fully determined to drop well over $10 Million on 8 ball fields somewhere no matter what anyone says?…this over a million dollars per ball field idea has the resilience of a case of herpes?…it has been four years since Marylee Fowler was wronged by the powers that be over letting the cat out of the bag?…what happened to Ms. Fowler was wrong and the CVB paid a financial price for the dirty deeds of the powers that be?…we don’t know whether building ball fields is a good or bad idea but we do know that Evansville already has over 50 little league ball parks that are poorly maintained and plenty of projects that are a necessity as opposed to another outdoor temple to sports?…we also know that ball fields DO NOT COST SANE PEOPLE OVER A MILLION EACH?…we are still looking for a cure to this resilient disease that afflicts the minds of the CVB?