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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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23/66
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
7/21/2019 Ante Litem Notice- Probate Court
33/66
- - ~ - ~ - . -
-
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
7/21/2019 Ante Litem Notice- Probate Court
34/66
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
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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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35/66
.
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