Ante Litem Notice- Probate Court

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    S A V A G E

    T U R N E R

    PINCKNEY

    L A T T O E

    December

    18

    2014

    BRENT

    J.

    S V GE

    ROBERT BARTlEY TURNER

    KATHRYN HUGHES PINCKNEY

    BRENT

    J. S V GE

    JR

    WilLI M K OTTO

    DAPHNE S

    WITHROW

    TINA

    CH

    EN

    S MUel

    W HUGH ES

    ANDREW J CONN

    CONFIDENTIAL INFORMATION PROBATE COURT FILES UNDER SEAL

    BY HAND DELIVERY AND CERTIFIED MAIL RETURN RECEIPT

    REOUESTED

    ITEM NO. 7013 3020 0001 9692 6243

    R.

    Jonathan Hart Esq.

    Chatham County Attorney

    Post Office Box

    8161

    Savannah Georgia 31412

    BY HAND DELIVERY AND CERTIFIED MAIL RETURN RECEIPT

    REOUESTED

    ITEM NO. 7013 3020 0001 9692 6267

    Albert J. Scott Chairman

    Chatham County Board o Commissioners

    Post Office Box

    8161

    Savannah Georgia 31412

    Re Kim Birge

    Dear Mr. Hart and Mr. Scott:

    We appreciate the time taken by the County Attorneys office to meet with

    representatives o this law finn on Monday December 15 2014. This letter

    is

    written

    in

    follow up to this meeting to provide you information regarding funds which were

    provided to the Probate Court o Chatham County to be held by the Court until our clients

    reached the age o majority.

    It is

    our understanding that celtain funds provided to the Probate Court o Chatham

    County to be held in trust for the benefit o minor children who lost their fathers

    in

    the

    Imperial Sugar Explosion are currently unaccounted for. We understand that these funds

    are not available and are not currently located in any account and that law enforcement

    believes that Kim Birge the fonner Clerk o Court

    is

    criminally culpable for this loss.

    102 E LIBERTY ST 1 8TH flOOR SAVANNAH GEORGIA 31401 PO BOX 10600 SAVANNAH GEORGIA 31412

    P1912231 1140 F 19122324212

    savagelawflrm

    net

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    R Jonathan Hart, Esq.

    Albert

    J

    Scott, Chairman, Chatham County Board of Commissioners

    December 18, 2014

    Page 2 of6

    To this end, I am providing the enclosed information, which demonstrates that our

    clients' funds were remitted to the Probate Court of Chatham County. This letter is also

    submitted pursuant to o.

    C .

    G A.

    36-11-1, and should be considered presentation of

    the claims

    of

    our clients to the County Board

    of

    Commissioners.

    The facts giving rise to these claims are as follows: Under cover ofletter dated

    February 29 2012 this firm transmitted five separate checks to the Probate Court Clerk.

    Each of these checks represented funds received in settlement

    of

    claims arising by virtue

    of the explosion at the Imperial Sugar Refmery. Each

    of

    the minors below listed lost their

    father in the fire.

    The funds were received in settlement of the tort claims brought against one of the

    nmnerous defendants

    in

    the civil litigation. According to Georgia law, approval of the

    Probate Court

    of

    Chatham County was required before the claims of these minor children

    could be settled.

    Although each

    of

    the minor children identified below had numerous claims arising

    from the explosion, the funds that are missing derived from the settlement with just one of

    the parties. The minors received the following amounts:

    Ashley Williams

    KalynByers

    Ivonna Habersham

    Kwamen Habersham

    McKinley Habersham

    $

    17,281.25

    $ 37,583.33

    $ 19,722.22

    $ 19,722.22

    $ 19,722.22

    (A copy

    of

    the letter of transmittal, as well as copies of the checks, is attached hereto as

    Exhibit A).

    The mother

    of

    each

    of

    these children was appointed

    as

    the Conservator

    of

    their

    child's property. The settlement

    of

    each

    of

    these claims was approved by Judge Harris

    Lewis of the Chatham County Probate Court. Each order

    of

    approval requires counsel

    for the Minor [to] remit the settlement funds to the Court within ten (10) days of the entry

    ofthis

    Order. (Copies

    of

    each

    of

    these order are attached hereto as Collective Exhibit

    B).

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    R. Jonathan Hart, Esq.

    Albert J Scott,

    Chai=an

    Chatham County Board

    of

    Commissioners

    December 18, 2014

    Page 3 of6

    After transmittal of the funds to the Clerk of Probate Court, this office requested

    confi=ation that the funds had been deposited and the location

    of

    the deposit account. In

    response to inquiry from this office to

    confuID that the funds had been deposited with the

    Probate Court, Ms. Birge

    confi=ed

    that each of the above referenced checks had been

    received, and further represented that

    the Court is bonded and all monies are deposited in interest bearing

    accounts for the minors. The Court is solely responsible for these accounts.

    Therefore. no information whatsoever. including account numbers or

    statement balances will be released to anyone.

    (A copy

    of

    this letter, and its enclosures, is attached hereto as Exhibit C). Ms. Birge also

    provided a copy

    of

    a deposit slip, with the account number redacted, showing that

    $131,801.24 had been deposited in an account at The Savannah Bank. Handwritten

    notations on this deposit slip indicated that funds in addition to those funds belonging to

    our client funds were deposited at the same time.

    We have recently been advised that Ms. Birge has absconded with the funds which

    were held in trust for these minor children, and that the account established at The

    Savannah Bank was established without authority

    of

    the Probate Court

    of

    Chatham

    County.

    The following infonnation is provided to establish the principal amount of funds

    placed with the Probate Court.

    1. Ashley Williams (date of birth November 8, 1997):

    Principal Amount: $ 17,281.00

    Savage Turner Check No. 7539, dated February 29, 2012

    Endorsed For Deposit Only PCCC

    No encroachments have been made.

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    R. Jonathan Hart, Esq.

    Albert

    J.

    Scott, Chainnan, Chatham County Board

    of

    Commissioners

    December 18, 2014

    Page 4

    of6

    2.

    Ivonna

    Habersham (date of birth January 7, 1998)

    Principal Amount: $ 19,722.22

    Savage Turner Check No. 7535

    Endorsed for Deposit Only PCCC

    Two encroachments have been made on behalf

    of

    Ivonna. The first was made in

    July of2012,

    in

    the amount

    of

    $5,900.00. A copy of the Petition

    to

    Encroach is attached

    hereto as Exhibit D). The second was made in June of2013, in the amount of $7,300.00.

    (A copy of which is attached hereto as Exhibit E).

    After these two encroachments, the principal balance in Ivonna Habersham's

    probate court account is $6,522.22.

    3. .McKinley Habersham,

    Jr.

    (date of

    birth

    November 14, 1996)

    Principal Amount:

    Savage Turner Check No. 7537

    Endorsed For Deposit Only PCCC

    $ 19,722.22

    No encroachments have been made. McKinley Habersham reached the age

    of

    majority on November 14,2014, and is therefore iImnediately entitled to the principal

    amount of these funds, plus interest.

    4.

    Kwamen

    Habersham (date of birth June 7, 1995)

    Principal Amount: $ 19,722.22

    Savage Turner Check No. 7536

    Endorsed For Deposit Only PCCC

    Kwamen reached the age of majority on June 7, 2013. On turning the age of

    majority, he received the funds held in his name on or around July 12,2013.

    5. Kalyn Byers date of

    birth

    November 8,1997).

    Principal Amount: $ 37,583.33

    Savage Turner Check No. 7538

    Endorsed For Deposit Only PCCC

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    R

    Jonathan Hart, Esq.

    Albert

    J

    Scott, Chainnan, Chatham County Board of Commissioners

    December 18,

    2014

    Page 5 of6

    No encroachments have been made on behalf ofKalyn.

    Thus, the total principal amount

    of

    the outstanding claims for our clients is

    81,108.77, broken out as follows:

    Ashley Williams

    Ivonna Habersham

    McKinley Habersham

    KalynByers

    TOTAL:

    17,281.00

    6,522.22

    19,722.22

    37.583.33

    81 108.77

    As noted above, McKinley Habersham has reached the age

    of

    majority, and

    is

    entitled to

    immediate possession

    of

    his funds. The other minors are entitled to have their funds

    placed in a

    bust

    account, established for their benefit, where their funds will be safely

    maintained until each child reaches the age

    of

    majority.

    n

    behalf

    of

    McKinley Habersham, Latesha Habersham as Conservator for Ivona

    Habersham, Paulette Williams as Conservator for Ashley Williams, and Debbie Byers as

    Conservator for Kalyn Byers, please accept this letter as presentation of our claim

    pursuant to O.

    C

    G A

    36-11-1.

    These claim have only come to light within the past few days, in response

    to

    numerous inquiries

    of

    this office regarding the location

    of

    our clients' funds.

    We believe the County is responsible for the actions

    of

    the Clerk of the Chatham

    County Probate Court, and for the negligence

    of

    the Judge of the Probate Court in its

    failure to properly monitor the actions ofKim Birge, and for fiscal irresponsibility. We

    believe the Court through certain of its employees was aware of the gambling problems

    Ms. Birge had. To have allowed her free reign with these monies given this knowledge is

    wrong. This is especially bad in light

    of

    the fact the parents were prohibited

    by

    the

    Probate Court from placing the money in

    bust

    for their own children. Each of these

    parents has done a great job in raising these children. They are all exemplary kids. (The

    behavior of the Probate Court is certainly not representative

    of

    the rest of the judiciary in

    Chatham County - it is exemplary. In particular Judge Hennann Coolidge spent literally

    years agonizing over these cases to make sure there was a just resolution of these Imperial

    Sugar cases for all parties under the law

    of

    this State.)

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    R Jonathan Hart, Esq.

    Albert

    1

    Scott, Chainnan, Chatham County Board

    of

    Commissioners

    December 18 , 2 14

    Page 6 of

    We will seek damages for the lost funds, interest on these funds, other general

    damages, as well as attorneys fees and expenses

    of

    litigation. We warrant on behalf

    of

    this law firm that we wi

    ll

    seek no attorney fees unless and until these children have been

    fully compensated.

    Please see attached

    as

    Exhibits F through H a brief history on the deceased

    fathers.

    These children have

    lo

    st enough. We call upon the County to make good on the

    actions

    of

    its employees and representatives.

    Enclosures

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    SAVAGE TURNER, KRAEUTER PINCKNEY, 6 MAD[SON

    ATTORNEYS

    BRENT J V YAGE

    ROBERT BARTLEY TURNER

    R. SCOT

    KRAEUTER

    KAfHRYN HUGHES

    PINCKNEY

    ASHI EIGH

    R

    ~ D I S O N

    KARL

    o ZIPPERER

    BRENT J.

    SIW1\GE,

    JR.

    Wrl l r \M

    K. o-rro

    VIA HAND ELIVERY

    Kim Birge, Clerk

    Probate Court o Chatham County

    133 Montgomery Street

    Savannah, Georgia 3 140 I

    Re: Ashley Williams

    Kalyn Byers

    Dear Kim:

    Ivanna Habersham

    Kwamen Habersham

    McKinley Habersham

    February 29, 2012

    104 EAST B.W STREET

    1'05T OFFICE

    BOX

    10600

    '3hVAN ..JI\H. GEOKOl

    ...

    31412

    W W W S A V A G E L A W f l J l ~ { N E T

    1112 231.1140 TELEPHONE

    19121

    2:}2,4212 FAX

    ~ ) 1 2 ) 1 11 9151 F X

    As instructed, I have enclosed 5 separate checks lor each o the minors regarding the

    Kirby settlement

    Please let me know

    i

    you need anything else

    to

    get these accounts set up.

    As always, thank you for your kind assistance.

    /cjs

    Enclosure

    Very truly yours,

    c v \ v ~

    Christann J. Smith

    Assistant to Ashleigh R. Madison

    EXHIBIT

    I fl

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    PAY TO THE

    SAVAGE

    & TURNER,

    PC

    [OlT

    TRUST CCOUNT

    3 4 EAST BAY STREET

    SAVANNAH,

    GA 314 1

    912) 2311140

    ORDER OF

    Probate Court Clerk

    of

    Chatham County

    FIRST CHATHAM BANK

    382013612

    Nineteen Thousand Seven Hundred Twenty Two Doliars and 22 100 ~ < :

    Probate Court Clerk of Chatham County

    MEMO

    02129 2012

    AlITHQR ZEDS GNATURE

    7537

    DOLLARS

    - - ..

    _ ._ _._ -

    .-

    .._ _ ..

    _

    ---_

    _ _

    _._

    00

    277j,1,,,'

    SAVAGE

    & TURNER.

    PC

    . - ~ _ = ~ - . ~ ~ ~ . - - - - - - - - - - - - - - - ~ ~ ~ ~ ~ - - - - - - - - - - - - - - _ . . ~ ~ ~ 7 5 3 7

    INVOICE

    DATE DESCRIPTION

    IINV

    AMOUNT

    I

    Habersham

    02129 2012 McKinley Habersham. Jr.

    19.722.22

    Check I Dale

    7537 02129 2012 Probate Court Cterk

    of

    Chatham County

    19.722.22

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    PAY

    TO

    THE

    SAVAGE

    &

    TURNER PC

    IOLTA

    T UST ACCOUNT

    304 EAST BAY STREET

    SAVANNAH GA

    31401

    912) 2311140

    ORDER OF Probate Court Clerk

    of

    Chatham County

    _.

    7 5 6

    FIRST CHATHAM BANK

    38-2013612

    02 29 2012

    $19,722.22

    Nineteen Thousand Seven Hundred Twenty Two Dollars and 22 100

    .,.... * .. ...........*

    ......

    '''' ..

    .*

    .

    DOLLAR

    Probate Court Clerk of Chatham County

    MEMO

    AUTHORIZED SIGt :ATURE

    002771.1.,11

    SAVAGE & TURNER,

    PC

    r - ~ ~ - , ~ ~ ~ . - ~ ~ ~ . ~ ~ ~ 7 5 3 6

    INVOICE DATE DESCRIPTION ilNV AMOUNT I

    Habersham

    0212912012

    Kwamen Habersham

    19,722.22

    Check Date

    75 6 0212912012 Probate Court Clerk of Chatham County

    19,722.22

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    PAY

    TO

    THE

    SAVAGE

    & TURNER, PC

    lQlT TRUST CCOUNT

    304EAST

    BAY STREET

    SAVANNAH

    GA

    31401

    (912) 2311140

    ORDER OF Probate

    Court

    Clerk of Chatham

    County

    FIRST CHATHAM

    BANK

    382013612

    75 5

    02129 2012

    19,722.22

    Nineteen

    Thousand

    Seven

    Hun dred Twenty

    Two

    Dollars

    and 22/100 ...... u h h

    DOLL RS

    Probate Court Clerk of Chatham County

    MEMO

    AUTHORIZED SIGNA URE

    . . ~

    SAVAGE & TURNER PC

    INVOICE DATE

    Habersham

    02 29 2012

    Check

    I

    Date

    7535

    277 1.1,11

    DESCRIPTION

    Ivonna Habersham

    02129 2012 Probate Court Clerk

    of

    Chatham County

    IINV AMoUNT]5 3 5

    19,722.22

    19.722.22

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    P Y TO THE

    SAVAGE & TURNER, PC

    [OlT

    TRUST

    CCOUNT

    3 4 EAST BAY STREET

    SAVANNAH GA

    31401

    912) 2311140

    ORDER

    OF Probate Court Clerk

    of

    Chatham County

    FIRST CHATHAM BANK

    382013612

    02 29 2012

    37,583.33

    75 8

    Thirty Seven Thousand Five Hundred Eighty Three Dollars and

    33 100

    .

    DOLLARS

    Probate Court Clerk of Chatham County

    MEMO

    AUTHOAtZED SIGNATURE

    I

    1I 00753BII

    :0[; 2 20 l j II

    00277

    Ll,II'

    SAVAGE &

    TURNER,

    PC

    . ~ ~ ~ . . ~ ~

    ~ ~ ~ .

    ~ ~ ~ 7 5 3 8

    INVOICE

    DATE

    DESCRIPTION IINV AMOUNT]

    Byers 02/29/2012 Kalyn Byers

    37,583.33

    Check 1 Date

    7538 02/29/2012 Probate Court Clerk of Chatham County

    37,583.33

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    75 9

    PAY TO THE

    SAVAGE & TURNER, PC

    IOlTA TRUST ACCOUNT

    3 4

    EAST BAY STREET

    SAVANNAH

    GA 314 1

    912) 2311140

    OR ER OF Probate Court Clerk of Chatham County

    FIRST

    CHATHAM BANK

    382013512

    0212912012

    $17,281.25

    Seventeen Thousand Two

    Hundred Eighty One

    Dollars and 25/100

    *' * ............ ,. ' ..

    ''''

    ,. ..

    DOLLARS

    Probate Court Clerk of Chatham County

    MEMO

    AUTHORI ED

    SIGNAIURE

    ~ - . -

    . _

    < >

    __

    - -

    - - _ ~

    __ _

    _ , -

    0

    lI 0075:1gll I:Ob l

    2 20

    l 3:11:

    0027?P,I I

    SAVAGE & TURNER, PC

    . ~ ~ ~ . ~ ~ ~ . ~ ~ ~ ~ . _ _ r . ~ ~ ~ 7 5 3 9

    INVOICE DATE DESCRIPTION IINV AMOUNT I

    Williams

    02 29 2012

    Ashley Williams

    17,281.25

    Check#

    1

    Date

    7539

    02129 2012

    Probate Court Clerk ofChatharn County

    17,281.25

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    .

    .

    INRE:

    IN THE PROBATE COURT OF CHATHAM COUNTY

    STATE OF GEORGIA

    ESTATE NO. 1/ /- 77 -3

    ASHLEY WILLIAMS, a minor

    PETITION TO COMPROlVIISE

    DOUBTFUL CLAIM

    OF

    MINOR

    ORDER

    The

    foregoing petition having

    been

    read

    and

    considered,

    and it

    appearing upon the

    hearing that the facts

    set

    out

    in

    the petition are true

    and

    that said settlement is

    fair,

    reasonable and

    just, that

    the same is made

    in good faith,

    and

    will

    be

    in the best interest of

    the

    said

    minor

    and will

    advance the interests of said minor;

    IT

    IS HEREBY ORDERED

    AND

    ADJUDGED

    that Petitioner be

    and

    is hereby

    authorized to consununate said settlement as prayed in said petition, and to execute any and all

    agreements, receipts, releases,

    or other

    documents necessary

    or proper

    to effect

    such

    settlement,

    and that such agreements, receipts, releases,

    or

    other documents shall constitute the full, final,

    and complete settlement of any

    and

    all actions, causes of action, claims,

    or demands which

    the

    above-nanled

    minor

    may have

    against those parties to the settlement

    named in the

    petition, as

    fully and completely as

    if

    said

    minor was

    of age

    and had executed

    said agreements, receipts,

    .. -

    ........ ; e T e a s e s : O r ( ; t h e ~

    documentS

    indlvidually:-

    ...

    ...

    .

    -------

    -

    ...

    IT IS

    HEREBY ORDERED

    AND

    ADJUDGED

    that the settlement funds due to the

    minor, as outlined

    in

    the Petition to

    Compromise

    Doubtful Claim

    of Miner

    shall

    be

    placed

    in

    an

    interest-bearing account by the

    Court and

    shall

    be maintained in

    said account until

    such

    time as

    the minor reaches

    the

    age of majority. Accordingly, counsel for

    the Minor

    shall remit

    the

    settlement funds to the

    Court

    within 10 ten) days of the entry of this Order.

    IT

    IS

    FURTHER:

    ORDERED

    that Petitioner be

    and is

    hereby 3uthOlized to pay all fees

    and

    expenses

    shown in

    paragraph

    II of

    the

    petition from

    the

    gross settlement amount.

    d i ; v J / f t / L ~ ~

    fUDGE

    OF

    THE PROBATE COURT

    EX ',a'T

    B

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    SAVAGE TURNER PC

    IOlT

    TRUST

    CCOUNT

    304 EAST BAY STREET

    SAVANNAH

    GA 31401

    912) 231.1l40

    PAYTOTHE

    OR ER OF

    Probate

    Court Clerk of Chatham County

    FIRST

    CHATHAM

    BANK

    382013612

    212912 12

    17,281.25

    Seventeen Thousand TWD Hundred Eighty One

    Dollars

    and 25/100-" . ...

    Probate

    Court Clerk

    of Chatham County

    MEMO

    o02? Hltl "

    75

    DOLlA

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    >

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    .

    INRE:

    IN

    THE PROBATE

    COURT

    OF

    CHATHAM

    COUNTY

    STATE OF GEORGIA

    ESTATENO

    ~

    [03 51

    KALYN

    BYERS, a minor

    PETITION TO COMPROMISE

    DOUBTFUL

    CLAIM

    OF MINOR

    ORDER

    TIle foregoing petition having been read and considered, and it appearing upon the

    hearing that the facts set out ill the petition are true and that said settlement is fair, reasonable and

    just, that the same

    s

    made in good faith, and

    will

    be

    in

    the best interest

    of

    the said minor and will

    advance the interests of said minor;

    IT IS HEREBY ORDERED AND ADJUDGED that Petitioner be and is hereby

    authorized

    to

    consummate said settlement as prayed in said petition, and to execute any and all

    agreements, receipts, releases, or other documents necessary or proper to effect such settlement,

    and that such agreements, receipts, releases, or other documents shall constitute the full, tinal,

    and complete settlement

    of

    any and all actions, causes

    of

    action, claims, or demands which the

    above-named minor may have against those parties to the settlement named in the petition, as

    fully and completely as

    if

    said minor was of age and had executed said agreements, receipts,

    releases, or other documents individually.

    -----.---iTTsTfEREBy

    ORDEREiYAN57J5JUi5GED

    that the settlement funds dueio a;:e

    minor, as outlined in the Pet ition to Compromise Doubtful Claim

    of

    Minor shall be placed in an

    interestbearing account by the Court and shan be maintained in said account until such time as

    the minor reaches the age

    of

    majority. Accordingly, counsel for the Minor shail remit the

    settlement funds to the Conrt within 1 ten) days of the entry of this Order.

    IT IS FURTHER ORDERED that Petitioner be and is hereby authorized to pay all fees

    and expenses shown in paragraph 11

    of

    the petition from the gross settlement amount.

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    SAVAGE

    TURNER PC

    I01.TA TRUST ACCOUNT

    304 EAST

    eAY

    STREET

    SAVANNAH GA 31401

    (912) 2311140

    PAYTOTHE

    OR ER OF

    Probate Court

    Clerk

    of Chatham County

    FIRST CH TH M B NK

    382013612

    Thirty

    Seven Thousand

    Five

    Hundred Eighty

    Three Dollars

    and 3 3 1 1 0 0 ~

    Probate

    CourtClerk of

    Chatham

    County

    MEMO

    DD2??L '

    02129 2012

    37.563.33

    5

    DOUAR

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    1

    j

    U

    r

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    IN THE PROBATE COURT OF CHATHAM

    COUNTY

    STATE

    OF GEORGIA

    INRE:

    MCKINLEY S. HABERSHAM JR.

    A MINOR

    )

    )

    )

    )

    ORDER

    ESTATE

    NO.

    J

    7? 3/

    PETITION

    TO

    COMPROMISE

    DOUBTFUL CLAIM OF MINOR

    The foregoing petition having been read and considered, and it appearing upon the

    hearing that the facts set out in the petition are true and that said settlement is fair, reasonable and

    just, that the same is made in good faith, and will be in the best interest

    of

    the said minor and will

    advance the interests of said minor;

    IT

    IS HEREBY ORDERED AND ADJUDGED that Petitioner be and is hereby

    authorized to consummate said settlement as prayed in said petition, and to execute any and all

    agreements, receipts, releases, or other documents necessary or proper to effect such settlement,

    and that such agreements, receipts, releases, or other documents shall constitute the full, final,

    and complete settlement of any and all actions, causes ofaction, claims, or demands which the

    above-named minor may have against those parties

    to

    the settlement named in the petition, as

    fully and completely

    as if

    said minor was

    of

    age and had executed said agreements, receipts,

    releases, or other documents individually.

    IT IS HEREBY ORDERED AND ADJUDGED that the settlement funds due to the

    minor, as outlined in the Petition to Compromise Doubtful Claim

    of

    Minor shall be placed in an

    _ h - inierest: bearlngaccourii by-the Court and SliaiTb ;-maintained

    in

    said-iiCCounCuntil such time

    as

    the minor reaches the age

    of

    majority. Accordingly, counsel for the Minor shall remit the

    settlement funds to the Court within 10 (ten) days of the entry of this Order.

    IT IS FURTHER ORDERED that Petitioner be and

    is

    hereby authorized to pay all fees

    and expenses shown in paragraph

    11

    of the petition from the gross settlement amount.

    Lcft1VI/l./

    UDGE OF

    THE

    PROBATE COURT

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    SAVAGE

    TURNER PC

    lOLTA TRUST ACCOUNT

    304

    EAST BAY STREET

    SAVANNAH. G

    31401

    (g12) 2311140

    PAY TO THE

    bRDERO Probate Court Clerk of

    Chatham

    County

    FIRST

    CHATHAM BANK

    382013612

    212912 12

    19,722.22

    Nineteen Thousand Seven Hundred Twenty Two Dol/ars and 2 2 1 1 0 0 H - - ~ - _ - ' ~ ~ ~ ~ K ' H -

    Probate

    Court

    Clerk o Chatham County

    MEMO

    O O C ? ' 1 ~ '

    75

    OOUAR

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    o

    1

    \

    o

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    IN THE PROBATE COURT

    OF

    CHATHAM COUNTY

    STATE

    OF

    GEORGIA

    IN RE:

    KWAMEN S. HABERSHAM,

    A MINOR

    ORDER

    EST ATE NO. --,--,-H_-.... . 1.....crJ,--,,3::.-

    _

    PETITION TO

    COMPROMISE

    DOUBTFUL

    CLAIM OF

    MINOR

    The foregoing petition having been read and considered, and it appearing upon the

    hearing that the facts set out in the petition are true and that said settlement

    is

    fair, reasonable and

    just, that

    the

    same

    is

    made in good faith, and will

    be

    in

    the best interest

    of

    the said minor

    and

    will

    advance the interests of said minor;

    IT IS HEREBY ORDERED

    AND

    ADJUDGED that Petitioner be and is hereby

    authorized to consummate said settlement as prayed in said petition, and to execute any and all

    agreements, receipts, releases, or other documents necessary or proper to effect such settlement,

    and that such agreements, receipts, releases, or other documents shall constitute the

    full,

    final,

    and complete settlement

    of

    any and all actions, causes

    of

    action, claims, or demands which the

    abovenamed minor may have against those parties

    to the

    settlement named in the petition, as

    fully

    and

    completely as

    if

    said minor was

    of

    age and had executed said agreements, receipts,

    releases, or other documents individually.

    .... - ' - - - ; I ' T : - ; I S ~ H E = R E = B Y ; - O ; ; : R D = ' E ~ R E = D : - A O ' N ; - ; D ' ' A ' - ; D : : - J ; - ; U = D G ' E ; - ; D : : - - : - ; t h - a C t ' h : ; - - e - s e C t t : 7 l e - m - e - n ~ t '

    fun :ds d ; u e C

    t

    -

    o

    ' th-e--- '

    .... --

    -

    ..

    minor, as outlined in the Petition

    to

    Compromise Doubtful Claim of Minor shall be placed in an

    interest bearing account

    by

    the Court and shall be maintained in said account until such time

    as

    the minor reaches the age of majority. Accordingly, counsel for the Minor shall remit the

    settlement funds

    to

    the Court within ]0 ten) days of the entry of this Order.

    IT [S FURTHER ORDERED that Petitioner be and is hereby authorized to pay

    all

    rees

    and expenses shown

    in

    paragraph I I of the petition from the gross settlement amount.

    @ v ~ ~ ~

    UDGE

    OF

    THE PROBATE CURT

    C Prob

    C.O

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    PAYTOTHE

    SAVAGE

    TURNER

    PC

    [aLTA TRUST ACCOUNT

    3 4

    EAST sAY

    STREET

    SAVANNAH. GA

    31401

    (912) 2311140

    OR ER

    OF Probate

    Court CierilGE S TURNER, PC 7 5 3 7

    INVOICE DATE DESCRIPTION IINV AMOUNT I

    Habersham 02/29/2012 McKinley Habersham, Jr. 19,722.22

    Check

    1

    Dale

    7537

    02129/2012 Probale Courl Clerk of Chalham CounlY

    19,722.22

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    - - ~ - ~ - . -

    -

    r---

    - .... . .

    7536

    I

    SAVAGE &

    TURNER, PC

    [OLT TRUST CCOUNT

    304 EAST

    BAY

    STREET

    SAVflNNAH

    GA

    31401

    (912) 23111 0

    FIRST

    CHATHAM

    BANK

    38-2013-612

    02 29 2012

    i

    o

    PAY TO

    THE

    ORDER OF

    Probate Court Clerk

    of

    Chatham County

    $19,722.22

    Nineteen Thousand Seven Hundred Twenty Two Dollars and 22 1 O . j , H * ~ . ) \ ~ * * * * * * * * ' ' ' ' ' * H * * * * ' ' ' * * * ' ' ' ' ' ' ' ' ' * ,

    ,. '.

    . . m

    ~

    )

    l

    DOLLARS

    rn

    MEMO \ 9

    Au ,onIZEDS '

    lI OO?5:lbll

    I : O b ~ 2 2 0 ~ 3 1 : 0 0 2 ? ? ~ , I I '

    SAVAGE"

    TURNER, PC 7 5 3 6

    INVOICE DATE DESCRIPTION

    IINV

    AMOUNT I

    Habersham 02/29 2012 I(warnen Habersham 19.722.22

    Check#

    1

    Date

    7536 02 29 2012

    Probate Courl Clerk of Chatham County

    19,722.22

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    i'

    PAY

    TO THE

    SAVAGE & TURNER, PC

    IOLTA

    mUST ACCOUNT

    304 EAST

    BAY

    STREET

    SAVANNAH GA 31401

    912) 231 1140

    ORDER

    OF

    Probate Court

    Clerk of

    CI1atham

    County

    FIRST

    CHATHAM 8ANI

    382013612

    "

    _ - _ .- . '. _

    ........ . -, - , . _ - - - .-

    .

    '. .. ,1

    02 29 2012

    $37,583.33

    7538

    g

    j

    I

    DOLLARS i

    Thirty Seven Thousand Five Hundred Eigllty Three Dollars and 33/1 OO ... , . , ; t ~ * * .. . ...... ..........** .,.** *Ir..,..,.*

    '

    C'

    C o'C ,oo.V. 7\JflE '

    I

    _ _ _ _

    . . . . . . . . . ._,

    _,

    .

    _

    __ ._ _

    W ,

    '_,__ _ ._

    . . .

    _ _

    , __

    ___

    _

    ._' ' ' '

    _ ..... . ,N. ,

    II'OO? 5 3811 ' :0 b

    l.

    2

    20

    3

    OIl; 00

    27 ?

    .1.11

    SAVAGE . , TURNER, PC

    7538

    ' - ~ I N ~ V ~ O ' I C ~ E ' - - ' - ' D ~ A ~ T ~ E ~ ' - - - - - - - - - - - - - - - - - - - ~ D E ~ S C ~ R w I P ~ T ~ I O ~ N u - - - - - - - - - - - - - - - - - - - - I I N V V A A M O r O ~ u w N ~ f i

    Byers 02 29 2012 Kalyn Byers 37,583.33

    heckill

    Date

    7538

    02 2912012

    Probate Court Clerk

    of

    Chatham County

    37,583.33

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    .

    IN

    THE

    PROBATE

    COURT OF_C_h_a_th_a_m

    COUNTY

    STATE OF GEORGIA

    INRE:

    )

    Ivonna

    Habersham

    i

    MINORrWARD )

    Latesha Habersham

    ~ ~ ~ ~ ~ ~ - - - - - - - - -

    CONSERVATOR(S) )

    ESTATE NO.

    H-7829

    PETITION

    FOR

    LEAVE

    TO

    ENCROACH

    ON

    CORPUS

    TO THE HONORABLE JUDGE OF THE PROBATE COURT:

    The petition

    of Latesha

    Habersham

    , Conservator(s)

    of

    ..:lv_o.: :n.: :n.: :a::...: :H:...a_b_e_rs_h_a_m - , ..hllt .

    .

    (minor) shows:

    I.

    As such conservator(s), petitioner(s) has/have

    in

    hand assets valued at

    _1_9,.;,,7_2_2_._2_2

    The conservator(s) expect(s) that the minor/ward

    will

    have income of _-.:.:O_- during

    the next accounting period.

    These

    f unds are

    on d e p o s i t with t he Proba te Cour t .

    2.

    The income from said assets

    or

    budget approved

    by

    the Court, if any,

    is

    insufficient for the

    maintenance, support and education

    of

    said minor/ward (andlor

    who islare legally dependent upon said ward).

    N A

    3

    There are no other assets available

    to

    petitioner(s) to maintain, support and educate the person(s)

    indicated

    in

    Paragraph 2 above.

    T his

    Minor

    has s t r u c t u r e d a n n u i t i e s

    in p l a c e t o beg in in 2016 and

    2020,

    b u t c a n n o t be t o u c h e d f o ~ t h e s e

    expenses .

    By prior Court Order(s), the petitioner(s) was/were permitted to disburse

    -0-

    per

    month for the benefit

    of

    the minor/ward.

    5

    Since the inception ofthe conservatorship, petitioner(s) has/have previously encroached

    on

    Ihecorpus

    of

    this estate in the total amount

    of

    approximately

    ._-_0_-

    ffective 7 07

    2-

    GPCSF 2

    Complete

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    6

    The encroachment requested in this petition is needed for the following purpose(s) of maintenance,

    supportor education oftheperson( s) indicated in Paragraph 2 above in order to provide the following specific

    items (attach separa te sheet

    if

    necessary): 5,300.00 to Memorial Day School for tuition, registration fee,

    Student

    Activity

    Fee,

    and Tuition Credit Plan; 200.00

    to Latesha D

    Habersham for

    reimbursement

    of Application Fee and

    $400.00

    to Latesha D. Habersham for uniforms

    WHEREFORE petitioner(s) pray(s) that the Court

    1

    appoint a guardian ad litem, and

    2

    grant an order allowing petitioner to expend from the corpus

    of

    he minor/ward's estate, the

    sum

    of$$5,900.00

    for the purposes set forth above.

    Latesha Habersham

    Printed Name

    1804 Cimarron Street

    Address

    Savannah, G

    912-272-5346

    Telephone Number

    Signature ofAttorney:

    31405

    Typed/printed name of Attorney:

    Address:

    Telephone:

    Effective 7 07

    Signature of second petitionel', if any

    Printed Name

    Address

    Kathryn Hughes Pinckney

    304

    East Bay Street

    Savannah,

    G

    31401

    912-231-1140 StateBar 376110

    GPCSF2 Complete

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    .

    VERIFIC TION

    GEORGIA, -"'Ch"":::th'::;:m'---

    COUNTY

    Personally appeared before me the undersigned petitioner s) who o oath state s) that the facts set

    forth in the foregoing petition are true.

    Sworn to ~ u s c r i e d b1.0re

    me this

    1 :.

    oy

    of d