Justices Remand Bloomington Property Partition Dispute

first_imgJustices Remand Bloomington Property Partition DisputeOlivia Covington for www.theindianalawyer.comA 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.FacebookTwitterCopy LinkEmailSharelast_img read more

2016: WHAT TO EXPECT

first_imgRaging Moderate by Will DurstIt’s hard to believe, but we’re on the brink of another presidential election year. Let us pray. Every quadrennial, the American political process plays out as a big-top carnival sideshow featuring moral contortionists, ethical geeks and fat sweaty white guys teetering on slack media wires.Fortunately, we Americans have become as resilient to this format as fourth-generation cockroaches are to watered-down insecticide. To show how familiar, we here at Durstco have compiled a political forecast of what to expect over the coming year. Clip and save. All dates are approximate. Your mileage may differ.FEBRUARY 1, 2016: The results of the Iowa Caucuses are dismissed by non-winning candidates as an irrational political stunt, much like a game of musical chairs without the music. And no chairs.FEBRUARY 9, 2016: Some type of victory in the New Hampshire primary, moral or otherwise, is claimed by no fewer than seven candidates.MARCH 1, 2016: Super Tuesday. So called for the quantity of primaries, not the quality.MARCH 11, 2016: A rumor about a low-polling politico having an affair with an aide is revealed to be a last-ditch cynical attempt to humanize him.MARCH 20, 2016: A flag factory in New Jersey bans all photo-ops by Presidential aspirants in an attempt to get some work done.APRIL 16, 2016: Ronald Reagan is reported to be in a Swiss spa getting transfusions of Keith Richards’ blood. “Draft Reagan” groups spring up in thirty-seven states.APRIL 29, 2016: A New York Times poll says 40 percent of the American public sees a need for a third party.APRIL 30, 2016: Ben Carson announces he will run as a third party candidate.APRIL 31, 2016: A USA Today poll says 43 percent of the American public sees a need for a fourth party.JULY 18, 2016: In Cleveland, the Republican National Convention outlines a platform that proposes hunting the homeless for food.JULY 22, 2016: After the Republican National Convention, the conservative wing accuses the nominee of selling out the party. Cleveland cab drivers express disgust.JULY 25, 2016: In Philadelphia, the Democrats float a platform that endorses good and condemns bad.JULY 26, 2016: Due to pressure from large donors, the platform is watered down.JULY 30, 2016: After the Democratic National Convention, the liberal wing accuses the nominee of selling out the party. Philadelphia Uber drivers express dismay.AUGUST, 2016: Absolutely nothing happens in August and it is reported upon at great length.OCTOBER 4, 2016: The Vice Presidential debate is beaten in the ratings by a Weather Channel special on topsoil. Two days later, the DEA rules it illegal to stream a recording of it while driving.OCTOBER 19, 2016: No Presidential candidate personally appears at the final debate. Instead, spin-doctors give detailed answers as to how the candidates would have responded if particular questions were asked in a certain way.NOVEMBER 8, 2016: In a concerted effort not to encourage these hypocritical tools, the public stays away from the polls in record numbers.NOVEMBER 9, 2016: The losing party’s Vice Presidential nominee calls the election an aberration and fires an opening shot kicking off the 2020 campaign. The collective national groan registers a 4.2 on the Richter scale.FacebookTwitterCopy LinkEmailSharelast_img read more

Indiana Democrats-Weekly Talking Points

first_img Indiana Democrats-Weekly Talking Pointssent by the State Democratic Party of IndianaOn Friday, November 13, 2015Enthusiastically Supports New Infrastructure Plan by Indiana House DemocratsThis week’s announcement by Leader Scott Pelath and Indiana House Democrats is what everyday Hoosiers demanded: a long-term, commonsense solution that would begin fixing Indiana’s D+ rated infrastructure system.The commonsense plan allows all revenues from the sales tax on gasoline to be put toward our roads, includes funding for local roads, erases any additional burdens on taxpayers, and does more than the bare minimum, late-to-the-game strategy offered by Governor Mike Pence.Leader Pelath and House Democrats now join John Gregg – who foresaw this issue and released his own plan during the 2012 campaign – in the fight to restore Indiana’s ‘Crossroads of America’ reputation.After 127 Days, Governor Mike Pence Remains Silent About Details on Cancelled Contract with Porter NovelliMike Pence had no problem putting Indiana’s ‘Hoosier Hospitality’ reputation in jeopardy last spring, but he apparently does have a problem showing Hoosiers what their tax dollars were used for in the state’s contract with Porter Novelli.For a contract that was supposed to repair the state’s image, Indiana continues to be the national punchline, and all eyes are on Mike Pence as he’s already late-to-the-game…again.With a majority of Hoosiers, top businesses leaders, and third party organizations all calling for protections for the LGBT community, Mike Pence should not only show some transparency in his plans on this issue, but also release all documents involved with the taxpayer-funded Porter Novelli contract.Hoosiers deserve to know everything about the contract that was meant to improve the state’s image that Pence so willingly put in jeopardy.ICYMI: New WISH-TV/Ball State Hoosier Survey Shows Mike Pence Can’t Shake His RFRA HangoverThe new WISH-TV/Ball State Hoosier Survey shows the governor’s approval rating dropped 15 points from the same survey a year before.  And not only is the governor’s race a statistical tie, but Mike Pence’s approval rating has not budged since he signed RFRA into law last spring.Governor Mike Pence is simply in denial if he thinks he’s in the clear after bowing to special interests and throwing Indiana into a $250 million economic panic earlier this year.This RFRA hangover has caused Governor Pence to continue his late to the game strategy on solving today’s problems for everyday Hoosiers, including putting our other reputation – ‘Crossroads of America’ – in jeopardy.Simply put, Hoosiers are tired of Mike Pence’s political agenda, and poll after poll shows they are ready to choose a leader who won’t put their out of touch ideology ahead of our state’s overall well-being.ICYMI – Stories from This WeekNWI Times: Democrats raise stakes in road funding contest Indy Star: Gov. Mike Pence still undecided on expansion of LGBT protections  Indiana Public Media: New LGBT Coalition Indiana Competes Joins Civil Rights Fight  Fort Wayne Journal Gazette: “That was the perfect opening for Indiana Democrats’ “FixOurRoads” campaign, claiming the state has 1,900 structurally deficient bridges and the administration had wasted millions on faulty asphalt. As Gov. Mike Pence travels around the state, the opposition sends out data on infrastructure in the region he’s visiting, as it did when the governor visited northeast Indiana late last month, “where 116 bridges are structurally deficient,” according to a Democratic Party news release.”Save the DatesDec 11, 2015 – Holiday PartyMay 3, 2016 – Primary June 17, 2016 – JJ Dinner June 18, 2016 – State Convention July 25-28, 2016 – National Convention Aug 25-28, 2016 – IDEA Nov 8, 2016 – Election DayFOOTNOTE:  The City County Observer encourages Republican and Libertarian party leaders to send us press releases and we shall post them without opinion , bias  or editing.FacebookTwitterCopy LinkEmailSharelast_img read more

St. Ben’s Mardi Gras Event Nets Over $100,000

first_imgThe St. Ben’s event, An Evening At Mardi Gras was held Saturday, February 10th at the downtown DoubleTree ballroom.This event is the primary fundraising vehicle for the PTO for the Parochial parish and school. This year’s event sold 360 tickets for the silent & live auction, dinner & dance and is expected to net a little over $100,000 to help fund the needs of the nearly 400 student school.The event co-chairpersons were Kate Miller and Ashley Hammer, silent auction coordinator Melanie McMinn, ticket/registration coordinator Marla Stratman and Emcees Natalie Hedde and Steve Hammer.It featured a Cajun-themed dinner, 250 silent auction items, a Mexico condo, Florida condo and Hawaii condo for a week, Marlins tickets donated by Don Mattingly, tuition raffle, half pot, heads or tails I-watch winner and the Indianapolis based band, Dave & Rae as entertainment.FacebookTwitterCopy LinkEmailSharelast_img read more

KLIMANSKY, THERESA M. (nee: Moscatello)

first_img93, of Bayonne, passed away on April 20, 2017. Born in Jersey City, Theresa was the wife to the late Joseph and mother to Matthew and his wife Charlene and to the late Joseph Jr. Theresa was also the grandmother to Kerri, Kristin, Joseph and Matthew Jr. and his wife Lee Allison, as well as being great-grandmother to Samantha, Gianna, Madison, Joey, Lia, Jace and Tyler. She was pre-deceased by her sister Elizabeth “Betty” Perez and her husband Robert and surviving Theresa are her brother Arthur Moscatello and wife Gloria and a host of nieces, nephews, cousins, in-laws and friends. Funeral arrangements by MIGLIACCIO Funeral Home, 851 Kennedy Blvd.last_img read more

GRONCZEWSKI, DONALD

first_img49, passed away on December 15, 2017. He was born and raised in Bayonne before residing in Front Royal, Virginia for 10 years and was living in Millville, N.J. for the past year. He was the safety manager for the Omni Bakery in Millville. He was predeceased by his parents Richard and Carol (nee: Fredericks) Gronczewski. Husband of Nancy (nee: McMorrow) Gronczewski. Brother of Nancy Gronczewski and her husband Joseph Giovanni. Uncle of Joseph Richard Giovanni. Nephew of Fred and Beverly Gronczewski, Edward Gronczewski, Louis and Louise Fredericks and Tom Dunning. Also survived by his cousins, Michael and Elizabeth Dunning and Jason Fredericks. S. FRYCZYNSKI & SON Funeral Home, 32-34 E. 22nd St.last_img read more

Parkway Crash Backs Up Shorebound Traffic on Friday Afternoon

first_imgAn accident on the Garden State Parkway bridge over Great Egg Harbor Bay on Friday afternoon snarled traffic heading to Ocean City for Memorial Day Weekend.Read full report from Braden Campbell and Steve Hughes of The Press of Atlantic City: Driver in critical condition after truck falls into Great Egg Harbor.The crash involved a truck driving off the bridge between mileposts 27 and 29, and traffic was backed up for miles on the southbound lanes after the 2:30 p.m. accident.last_img

Wednesday to Bring Relief From Storms and Heat

first_imgA couple lines of storms rolled over Ocean City on Tuesday afternoon bringing short bursts of heavy rain and intense lightning, and the threat continues into the early evening.A cold front is pushing the storms across the region, and Wednesday is expected to be cooler and less humid. The National Weather Service forecast calls for a mostly sunny day with a high near 76 degrees.An east wind could further cool the air and likely will bring in some warmer ocean water. The temperature in the surf on Tuesday in 68 degrees.The break in the weather could be short-lived. The NWS forecast calls for showers to return on Thursday, before the skies clear for the start of the weekend.The Tuesday afternoon downpours coincided with a low tide. The volume of water falling in a short period flooded some streets, but they were able to drain more quickly. And sun and blue sky returned soon after the storms passed.Tropical Storm Bill — the second of the 2015 season — made landfall in Texas. Its rainy remnants could possibly reach New Jersey by Father’s Day on Sunday. The tropics are otherwise quiet. A front moves in over Ocean City late Tuesday afternoon (June 16) and brings heavy downpours and lightning.last_img read more

Firefighters Rescue Six Trapped in Burning Home

first_imgOcean City firefighters answered a 1:40 a.m. call on Sunday to find heavy fire and smoke on the first floor of a home at 913 St. Charles Place.Firefighters rescued five from a third-floor deck.Smoke detectors were activated, and residents of the first and second floors, and some children staying on the third floor managed to escape the building unharmed. But six adults on the third floor had to retreat when they found the stairs blocked by fire and smoke, according to Deputy Chief Bill Bowman.Firefighters found them trapped on a third-floor deck, and five were rescued with ladders. They stayed with an elderly woman until a safe indoor escape could be made.The fire had broken windows and started to climb up the siding, and the six were transported to Shore Medical Center as a precaution after inhaling smoke and feeling the heat of the fire.One firefighter was injured and received six stitches for a cut suffered in handling equipment, Bowman said.Firefighters controlled the blaze and limited it to the first floor, but the rest of the building suffered smoke and water damage.One cat was found alive in the home. Four others are presumed to have escaped, but owners were still looking for them last night.The fire started on the first floor, and the cause is still under investigation. It is not believed to be suspicious or related to fireworks, Bowman said.The property is adjacent to Brown’s Restaurant on the Ocean City Boardwalk.Tax records list the property owners as Gianfranco and Valentina Chiarelli of Bridgeton.It’s not immediately clear where the displaced residents took shelter after the fire. Some were at the firehouse.__________Sign up for for free breaking news alerts from OCNJ Daily A home at 913 St. Charles Place suffered extensive damage in a fire early on July 5. A home at 913 St. Charles Place suffered extensive damage in a fire early on July 5.last_img read more

Video of Buoy Washing Ashore in O.C. Amid Big Nor’easter

first_imgLibby Liess passed along this video (above) of a navigational buoy beaching in Ocean City at 41st Street during the height of a massive nor’easter on Jan. 23 (2016). The video was shot from 38th Street.Karl Wirth submitted the photo (below) that shows flooding stretching from the bay to Asbury Avenue along Third Street.The two images show the power of the storm that hit Ocean City over the weekend and caused the worst flooding since Superstorm Sandy. This image was shot from roof of Ocean Court at 300 0cean Ave avenue at 8:45 a.m. Sunday, Jan. 24, a half hour after the weakest of three successive exceptionally high tides. Credit Karl Wirth.last_img read more

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