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Kokomo Tribune (Newspaper) - October 14, 1994, Kokomo, Indiana Vol 144 No 41 KOKOMO Kokomo Ind TRIE Friday Oct UNE SO cente Insurance company files counterclaim Asserts Northern renewal application was false LISA FIPPS Tribune Tipton Bureau Indl Clamng information on a renew a I application for liability insurance was one of Northern School insurance companies National Casualty has filed a counterclaim asking for the policy to be made void And court documents state National Casualty has returned the premium Northern paid for its broad form educational liability policy The counterclaim fol lows Northerns suit against National Casual ty of Scottsdale and Indiana Insurance of Indianapolis In that suit documents state Northern asked the court for declaratory judgment meaning to decide if the corporation haa coverage with National Casualty andor Indiana Insurance Court records state Northern is seeking a court rul ing on their insurance coverage because it is current ly being sued by the parents of two girls who claim a corporation employee TriCentral Elementary teacher Donald W Garner made sexual advances toward them during the 19921993 school year According to documents filed in Tipton Circuit Court by National Casualty question number five on the renewal application dated Feb 2 1994 asked does any board member employee or volun teer have any knowledge of any negligent act error omission or breach of duty which may reasonably be was false and known to be National Casualty expected to give rise to a claim According to court documents Northern Superintendent Marry Day answered National Casualty claims that representation was false and known to be false at the tune it was made National Casualty would not have issued the pol icy to Northern Community Schools if the renewal application had been truthfully answered Northern Community Schools material misrepresentation on the renewal application justifies rescission 6f the According to court doc uments National Casual ty claims Days response was allegedly false because two months prior to the renewal Gar ner was put on administrative leave because of an investigation by the Indiana State Police relating to accusations of inappropriate contact with female students According to court documents Northerns policy with National Casualty states the company shall not make any payment nor defend any lawsuit in connection with any claim made against the insured arising from any or incidents which might give rise to a claim hereunder which is know to the insured prior to the inception of the pol icy and not disclosed to the company prior to incep Claims made in filing a lawsuit represent only one side of the case and may be contested in later court Suspect accused of using local judges credit card ByMIKEPALUCK Tribune staff writer A 31yearold Kokomo man appeared in Howard Circuit Court Thursday for arraignment on 12 charges that accuse him of using the credit card of a local judge to make unauthorized pur chases at Penney in Kokomo Mall Dana R Forte 2144 Longwood Drive Apartment C is charged with six Class C felony forgery Counts and six Class D felony counts of fraud according to court records He is accused of purchasing items valued at from the department store during June July and August by signing the name Dennis Parry on Penney credit card receipts Today Supe rior Court 1 Judge Dennis H Parry confirmed mat he is the owner of the credit card The judge alleged that Forte had obtained the numbers from a credit card but he declined to elaborate on how that might have occurred Police reports said Parrys daughter had contacted him in June and asked if she could use the credit card to pay for a catalog order she had placed Court records said Parry allowed his daughter to use the credit card Parry told police that he sus pected Forte his daughters boyfriend of making unautho rized charges with the card Today Parry said there was an occasion more than a year ago when Forte used his credit card According to Parry Forte was convictecl in Howard Superior Court 2 and was on probation for that offense when the most recent incident occurred A petition to revoke Fortes pro bation has been filed in Superior Court 2 according to Parry Parrys daughter told police that she paid for her order with the card but made no other purchas es She then told police that Forte had used her parents credit card in the past Forte did not have per mission to use the card according to the womans statement The forgery charges accuse Forte of signing Parrys name to six credit card receipts and retain ing merchandise from the store The fraud charges allege he obtained a variety of items with the credit card without Parrys consent Property charged to die judges account included three pairs of mens athletic shoes mens jeans and a diamond wedding band valued at according to court records During an Aug 22 interview with Kokomo police Forte admit ted that he used the credit card to purchase a wedding band and a wedding ring during the first week of August and signed Par rys name on the receipt One count each of forgery and fraud relate to a purchase of a diamond wedding band that allegedly was made Aug 6 Forte told police that he took the rings to Blue Diamond Trading Post a pawn shop on Davis Road and received for the jewelry In his statement he denied mak ing any other purchases with the credit card A former Penney employee told police mat Forte made at least three transactions while she worked there although she was uncertain if each transaction was a purchase Kokomo police reported that Forte turned himself in at the police department Wednesday afternoon Today the suspect remained in the Howard County Criminal Jus tice Center with bond set at The Howard County Pub lic Defenders Office has been appointed to represent Forte on the criminal charges Kokomo High School open house Kokomo High School junior Patty Benzlger works on a potters wheel during the high schools open house Thursday night Ben zlger is in her second year in Richard Evans1 ceramics class at the high school Demonstrations were given in the media center the radio station and in other areas and a student art exhibit was featured Teachers were available in their rooms dur ing the open house to answer questions Tribune photo by Stephen Shaner Social Security benefits rising WASHINGTON AP Low inflation will hold the costofliv ing increase for 45 million Ameri cans receiving Social Security ben efits and Supplemental Security Income to percent next year The increase tied to the annual change in consumer prices will be the third smallest costofliving increase in two decades That means the average month ly benefit for all retired workers will rise to effective Jan 3 Payments averaged this year The maximum SSI pay ments will advance from to for individuals and from to for couples The SSI increases are effective Dec 30 The costofliving adjustment each year is tied to the third quar ter over third quarter increase in the Consumer Price Index which was released by the Labor Depart ment today Consumer prices rose a modest percent in September the smallest advance in four months and retail sales rose a moderate percent in September the gov ernment reported And the Feder al Reserve said industrial produc tion held steady last month which is likely to ease fears of another immediate increase in interest rates The percent increase this year was slightly better than last years percent increase Social Security officials noted that the costofliving adjustment is supposed to keep retirees from being harmed by inflation and for the past four years inflation has been running at its lowest sus tained rates in three decades threatens military action Saddams soldiers appear to be digging jn T BAGHDAD Iraq AP Ten sions between the United States and Iraq rose again today when Iraqi soldiers withdrawing from the Kuwait border stopped their retreat after less than 100 miles Defense Secretary William Perry said more man Iraqi soldiers appear to be digging in at Nasiriyaft The Iraqi city is less Ann 100 mites north of the Kuwaiti border far south of where Washington would like Iraqi troops to withdraw Perry speaking in Kuwait said United is pre pared to cojunit more troops to the Persian Gulf and warned of military action if Iraq did not continue its retreat I wont go beyond that to describe what form of military he said About 30000 ground troops and 500 warptanes already aie on their way to fee Gull Iraq protested saying it Has had a unit of Us elite Republic Notank zone officiate banning In a nofly zonsln soufcsrn Iraq topnwantddamHussslnfrom Guards at a camp near Nasirivah since 1991 The American administration is on purpose shuffling me geo graphical information to contin ue in escalating tension after dear horizons appeared to remove the staterun Iraqi News Agency quoted an official as saying today The White House had expressed approval Thursday when Iraqi troops headed away from the Kuwaiti border President Clinton said Iraq had heard our message and was withdrawing But Washington was more skeptical about an offer early today from Saddam Hussein The Iraqi president said he was prepared to recognize Kuwait as a sovereign state with the understanding that would lead to the lifting of the crippling international embargo on Iraqi oil sales The offer in a joint state ment alter a meeting Saddam and Russia7 foreign minister in Baghdad Andrei Kozyrev a news today described Saddams offer as a courageous deci But in Washington the State Department Such offers have been heard Recognizing Kuwaits sover eignty is a key condition set by the Security Council for easing the trade embargo against Iraq Saddams offer to recognize Kuwait broadcast before dawn in Iraq echoed an offer made by his ambassador on Wednesday The statement did not specify when Baghdad would recognize Kuwait which it has long maintained is part of Iraq Kuwaits prime minister in an interview published today urged Gulf states to press Iraq to release Kuwaiti prisoners of war Saddams government refuses to admit it holds more than 600 Kuwaiti prisoners Kozyrev in comments to news media before departing Iraq for Kuwait said Saddams proposal offered the means to protect the territories and sovereignty of the countries of the region whether Iraq or Kokomo Tribune receives award PHILADELPHIA AP The Associated Press Managing Edi tors association has awarded 288 citations to newspapers and broadcast stations for outstanding contributions to The Associated Press report including the Koko mo Tribune Twelve Indiana newspapers received awards Wednesday They were announced at the annual APME convention The Kokomo Tribune received a news and newsphoto citation The APME comprises managing editors and other news executives of the member newspapers of the AP the worlds oldest and largest newsgathering organiza tion Other Indiana newspapers cited were News Citations Daily Jour nal Franklin and news and newsphoto citations Herald Times Bloomington The Evans ville Press The Evansville Couri er The JournalGazette Fort Wayne The NewsSentinel Fort Wayne PostTribune Gary The Indianapolis Star The Indianapo lis News The Times Munster and the South Bend Tribune Inside todays Tribune Butliwt Delco Electronics receiving 115 GM transferees Page M Sports Western downs Taylor in soc cer sectional semifinal and will play Marion Saturday for the title Page A7 Atoolntttt Business Classified Dear Local
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