Ante Litem Notice - Probate Court

BRENT J.
SAVAGE
ROBERT BARTlEY TURNER
KATHRYN HUGHES PINCKNEY
BRENT J. SAVAGE . JR .
W ilLIAM K. OTTO
DAPHNE S. WITHROW
TINA CH ENG
SAMUel W. HUGH ES
ANDR EW J. CONN
SAVAG E
TURNER
PINCKNEY
L
AT'TO
E.
December 18, 2014

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 of 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 of 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 of Chatham County to be held by the Court until our clients
reached the age of majority.
It is our understanding that celtain funds provided to the Probate Court of Chatham
County, to be held in trust for the benefit of 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 of Court, is criminally culpable for this loss.
102 E. LIBERTY ST. 1 8TH flOOR
SAVANNAH GEORGIA 31401

P 1912.231.1140 F 1912.232.4212
P.O. BOX 10600 SAVANNAH GEORGIA 31412

savagelawflrm .net

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).

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.

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:
$ 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
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

Albert J. Scott, Chainnan, Chatham County Board of Commissioners
December 18, 2014
Page 5 of6
No encroachments have been made on behalf of Kalyn.
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.
On 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 of Kim 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.)

Albert 1. Scott, Chainnan, Chatham County Board of Commissioners
December 18, 2014
Page 6 of6
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 .oF" through "H" a brief history on the deceased
fathers.
These children have lost enough. We call upon the County to make good on the
actions of its employees and representatives.
Enclosures
SAVAGE, TURNER, KRAEUTER, PINCKNEY, (6 MAD[SON

ATTORNEYS
BRENT J, V.YAGE
ROBERT BARTLEY TURNER
.104 EAST B.W STREET

1'05T OFFICE BOX 10600
R. SCOT KRAEUTER
'3hVAN!..JI\H. GEOKOl.... 31412
KAfHRYN HUGHES PINCKNEY

ASHI.EIGH R. ~ADISON
KARL Co ZIPPERER
WWW.SA.VAGELAWflJl.~{.NET
1112) 231.1140 TELEPHONE

19121 2:}2,4212 FAX
BRENT J. SIW1\GE, JR.

Wrl.l.r.\M K. o-rro
(~)12)
February 29, 2012
VIA HAND DELIVERY

Kim Birge, Clerk
Probate Court of Chatham County
133 Montgomery Street
Savannah, Georgia 3 140 I
Re:
Ashley Williams
Kalyn Byers
Ivanna Habersham
Kwamen Habersham
McKinley Habersham
Dear Kim:
As instructed, I have enclosed 5 separate checks lor each of the minors regarding the
Kirby settlement
Please let me know if you need anything else to get these accounts set up.
As always, thank you for your kind assistance.
Very truly yours,
cv\v~
Christann J. Smith
Assistant to Ashleigh R. Madison
/cjs
Enclosure
EXHIBIT
I-fl-
1.11.9151 F.... X
7537
SAVAGE & TURNER, PC
FIRST CHATHAM BANK
[OlTA TRUST ACCOUNT

304 EAST BAY STREET
382013612
SAVANNAH, GA 31401
(912) 2311140
02129/2012
o
o
PAY TO THE
ORDER OF
Probate Court Clerk of Chatham County
DOLLARS
Nineteen Thousand Seven Hundred Twenty Two Doliars and 22/100......~--<:
AlITHQR!ZEDS!GNATURE
MEMO
.. -'-
-- .. _--._---_._----- - .- ------------.._--_ .._.. ---_..... _---_ .._._--00 277j,1,,,'
SAVAGE & TURNER. PC
.-~'_=~-.~~~.---------------~~~~~--------------_..~~~7537
INVOICE
DATE
DESCRIPTION
IINV AMOUNT I
Habersham
02129/2012
McKinley Habersham. Jr.
Check# I Dale
7537
02129/2012
Probate Court Cterk of Chatham County
19.722.22
19.722.22
7536
FIRST CHATHAM BANK
SAVAGE & TURNER, PC

IOLTA TRUST ACCOUNT
38-2013612
304 EAST BAY STREET

SAVANNAH. GA 31401
(912) 2311140
02/29/2012
PAY TO THE
ORDER OF Probate Court Clerk of Chatham County
$19,722.22
_.'
Nineteen Thousand Seven Hundred Twenty Two Dollars and 22/100 ...... ., .... * ... "" ...........* ....... "'''' "...,.* .... ..
DOLLARS!
AUTHORIZED SIGt.:ATURE
MEMO
002771.1.,11'
SAVAGE & TURNER, PC
______________~~~~.-______________~~~~7536
r-""'~~-,~~~.INVOICE
DATE
Habersham
0212912012 Kwamen Habersham
Check# 1 Date
7536
0212912012
DESCRIPTION
ilNV AMOUNT I
19,722.22
19,722.22
7535
FIRST CHATHAM BANK
SAVAGE & TURNER, PC

lQlTA TRUST ACCOUNT
304EAST BAY STREET
382013612
SAVANNAH, GA 31401
(912) 2311140
02129/2012
PAY TO THE
ORDER OF
$19,722.22
Nineteen Thousand Seven Hun,dred Twenty Two Dollars and 22/100.......**** .............................. u****hh......... ****
DOLLARS
i~
w
AUTHORIZED SIGNAlURE
MEMO
---.----------.-------------""~---------------
00 277 1.1,11'
SAVAGE & TURNER. PC
INVOICE
DESCRIPTION
IINV AMoUNT]5 3 5
Habersham
DATE
02/29/2012
Ivonna Habersham
19,722.22
Check# I Date
7535
02129/2012
19.722.22
7538
SAVAGE & TURNER, PC
FIRST CHATHAM BANK
[OlTA TRUST ACCOUNT

304 EAST BAY STREET
SAVANNAH, GA 31401
(912) 2311140
382013612
<
II
02/29/2012
PAY TO THE
$37,583.33
Thirty Seven Thousand Five Hundred Eighty Three Dollars and 33/100....
.. .........................,.................... .
DOLLARS
AUTHOAtZED SIGNATURE
MEMO
-I
1I'00753BII' ':0[;
SAVAGE & TURNER, PC
.-~~~-.-.~~,-
INVOICE
Byers
Check# 1 Date
2 20 l, j :II:
00277 Ll,II'
____~________~~~~.-______________~~~~7538
DATE
02/29/2012
Kalyn Byers
DESCRIPTION
7538
02/29/2012
IINV AMOUNT]
37,583.33
37,583.33
7539
FIRST CHATHAM BANK
SAVAGE & TURNER, PC

IOlTA TRUST ACCOUNT
304 EAST BAY STREET
SAVANNAH, GA 31401
382013512
(912) 2311140
0212912012
PAY TO THE
$17,281.25
Seventeen Thousand Two Hundred Eighty One Dollars and 25/100 ......... *'"* ............. ",."' ... "'''' .. ,. .... ... .........
DOLLARS
MEMO
~-.-'
-----
"~
AUTHORI2ED SIGNAIURE
.-_
<.> _ _
..
~-_
--
,--_~,
___
- - - _ _ . _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
lI'0075:1gll' I:Ob l. 2 20 l. 3:11:
. 0__
0027?P,II'
SAVAGE & TURNER, PC
.-~~~-.~~~.---------------~~~~._--------------_r.~~~7539
INVOICE
DATE
DESCRIPTION
IINV AMOUNT I
Williams
02/29/2012
Ashley Williams
Check# 1 Date
7539
02129/2012
Probate Court Clerk ofChatharn County
17,281.25
17,281.25
,.
,.
IN THE PROBATE COURT OF CHATHAM COUNTY

STATE OF GEORGIA
INRE:
)
)
)
)
)
ASHLEY WILLIAMS, a minor
ESTATE NO.
1/'/- 77'-3
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,
.- ..- ........ -;eTeases:Or'(;the~ 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.
/ di;vJ/ft/L(~~
fUDGE OF THE PROBATE COURT
EX"',a'T
7539
SAVAGE & TURNER, PC
IOlTA TRUST ACCOUNT
304 EAST BAY STREET
SAVANNAH, GA 31401
(912) 231.1l40
FIRST CHATHAM BANK
382013612
0212912012
PAYTOTHE
$17,281.25
DOLlARS:
Seventeen Thousand TWD Hundred Eighty One Dollars and 25/100-"..-_ _.... _ - Probate Court Clerk of Chatham County
--
MEMO
o02? Hltl!"
>5

STATE OF GEORGIA
INRE:
KALYN BYERS, a minor
)
)
ESTATENO.
B~ [03.51
PETITION TO COMPROMISE
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 made in good faith, and will be in the best interest of the said minor and will
is

authorized to consummate said settlement as prayed in said petition, and to execute any and all
and that such agreements, receipts, releases, or other documents shall constitute the full, tinal,
above-named minor may have against those parties to the settlement named in the petition, as
releases, or other documents individually.
-----.---iTTsTfEREBy ORDEREiYAN57J5JUi5GED that the settlement funds dueio-a;:e--------

minor, as outlined in the Petition 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 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.
7538 "
SAVAGE & TURNER, PC
FIRST CHATHAM BANK
I01.TA TRUST ACCOUNT

304 EAST eAY STREET
SAVANNAH, GA 31401
382013612
(912) 2311140
02129/2012
PAYTOTHE
$37.563.33
Thirty Seven Thousand Five Hundred Eighty Three Dollars and 331100'~
I
DOUARsi
(1J
MEMO
DD2??L""'
1
,
U222
&9
R

STATE OF GEORGIA
INRE:
MCKINLEY S. HABERSHAM,JR.,
A MINOR
)
)
)
)
ESTATE NO.
/-J- '7?3/
ORDER
_'_ _ _
'h
-'inierest:'bearlngaccourii by-the'Court and'SliaiTb';-maintained 'in said-iiCCounCuntil such time as
settlement funds to the Court within 10 (ten) days of the entry of this Order.
and expenses shown in paragraph 11 of the petition from the gross settlement amount.
Lcft1VI/l./& ~~
JUDGE OF THE PROBATE COURT
7537
SAVAGE & TURNER, PC
FIRST CHATHAM BANK
lOLTA TRUST ACCOUNT

304 EAST BAY STREET
SAVANNAH. GA 31401
(g12) 2311140
382013612
18
0212912012
PAY TO THE
$19,722.22
'bRDER OF Probate Court Clerk of Chatham County
Nineteen Thousand Seven Hundred Twenty Two Dol/ars and 221100H--~-_""-'~"~"~"~"K'H"-"

OOUARS
Iil
MEMO
OOC?'1~""'
01
""\
o
J

STATE OF GEORGIA
IN RE:
KWAMEN S. HABERSHAM,
A MINOR
)
)
)
)
EST ATE NO. --,--,-H_-....!.'1.....crJ,--,,3::.-0_

ORDER
abovenamed minor may have against those parties to the settlement named in the petition, as
- - -.... '-'---;I"'T:-;IS~HE=RE=B"Y;-O;;:RD="'E~RE=D:-AO"'N;-;D"'"""'A'-;D::-J;-;U=DG"'E;-;D::--:-;th-aCt'th:;--e-se"""Ctt:7le-m-e-n~t'fun--:ds-d"";"u-e"""Ct-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
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~~~
JUDGE OF THE PROBATE CURT
C!
,Prob
C.O
..
7536 "
SAVAGE & TURNER, PC
fiRST CHATHAM BANK
[aLTA TRUST ACCOUNT

304 EAST sAY STREET
382013612
SAVANNAH. GA 31401
(912) 2311140
0212912012
PAYTOTHE
$19,722.22
ORDER OF Probate Court Cieri< of Chatham County

y
.. 'Nineteen Thousand Seven Hundred Twenty Two Dollars and 221100'"

Probate Court Cieri< of Chatham County
MEMO
o02?'Ht,II'
,{'
o.

STATE OF GEORGIA
IN RE:
IVOl'.'NA DAVONSHA HABERSHAM,
A MINOR
)
)
)
)
ESTATE NO.
/-1-7<q:L9
ORDER
just, that the san1e is made in good faith, and will be in the best interest of the said minor and will
and that such agreements, receipts, releases, or other documents shan constitute the full, final.
.... "Iiiie~es;:'bearing-accouni by the Court and shall b~lnaintainedin said accouniUi-iiil such time as ....- ... ---- ... ---the minor reaches the age of majority. Accordingly, counsel for the MinOT shall remit the
set1lement funds to the Court within 10 (tell) days of the entry of this Order.
and expenses shown in paragraph II of the petition from the gross settlement amount.
;7~~'
JUDGE OF THE PROBATE COURT
7535 "
SAVAGE & TURNER, PC
FIRST CHATHAM BANK
latTA TRUST ACCOUNT

304 EAST BAV STREET
382013612
SAVANNAH, GA 31401
(912) 231-1140
PAY TO THE
::.=..... ..
Nineteen Thousand Seven Hundred Twenty Two Dollars and 2211 OOI~*a_a.'::
MEMO
$19,722.22
Probate Court CIeri< of Chatham County
1s
0212912012
.. _
_
"'u"'._.""......_.
:;:-.~~.~._._
DOLLARS
f
til
PROBATE COURT
CHATHAM COUNTY
P.o. BOX 8344
SAVANNAH, GEORGIA 31412-8344
133 Montgomery Street, Room 509
Savannah, Georgia 31401-3242
Tel (912) 652-7264 Fax (912) 652-7262
www.chathamcourts.org
HARRIS LEWIS, JUDGE

KIM H. BIRGE, CLERK
May 17,2012
Ms. Ashleigh R. Madison, Esq.
Savage, Turner, Kraeuter, at al
P.O. Box 10600
Savannah, GA 31412
Dear Ashleigh:
Enclosed are copies of the checks that were received by the Probate
Court of Chatham County with regard to the minor's settlements as follows:
Ashley Williams
Ivonna Habersham
McKinley Habersham, Jr.
Kwamen Habersham
Kalyn Byers
.17,281.00
19,722.22
19,722.22
19,722.22
37,583.33
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 form to encroach money from the proceeds, for the benefit of a minor, upon
approval of the Court, is enclosed. Encroachments are allowed by the Court
should an unusual circumstance or event arise in the life of the minor.
Encroachments are not allowed for provisions that are the parent's responsibility.
If I can be of further assistance, please do not hesitate to contact me. Thank you.
~;&
Kim H. Birge
Chief Clerk, Court Administrator
Probate Court of Chatham County
KHB/pn
EXHIBIT
I c
THE SAVANNAH BANKNA

MVI\.NNAtI. GEORGIA
THIS IS YOUR TRANSACTION RECEIPT

Deposils may nOI be av<.!ilable for lmm(3dlata withdrawal. All items accepled are
subject to
IF:
_
'Q
1 ...
ItlS
terms. conditions of your deposit account agreement.
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83 .. [(2:'12 02:(;0 PI!

ll131.8(U .2'1 .
Sunk symbol. transaction dGsCnptJlJIl, nUI'lber (lnd amount al~ shown aOov'3.
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..
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...._, .......
_--_.._--_ - _...
SAVAGE & TURNER, PC
FIRST CHATHAM BANK
IOlTA TRUST ACCOUNT

3011 EMT BAY STREET
SAVANNAH, GA 31-101
(912) 231-1140
38-2013612
-,
...
02/29/2012
$17,281.25
Seventeen Thousand Two Hundred Eighty One Dollars and 25/100H ...?~."'
......."'*.....*"". . ***_ ........
1I"00753QIl' f:Obh220~3:\I:
DOLLARS
H .. ~H"" ..... "'*H
cfl. '
f
fD
W~.(}\) 2--
./1
MEMO
e,
"
7539
PAY TO THE
SAVAGE
... _- - ... _-- .. - -- ....
AUTHOR I,m SIGNhTunt::
002771,1.,11"
7539
TURNER, PC
INVOICE
Williams
DATE
02/29/2012
Ashley Williams
DESCRIPTION
Check# 1 Date
7539
02/29/2012
IINV AMOUNT I
17,281.25
17,281.25
. -., -"--,-
1-1'
,
7535
FIRST CHATHAM BANK
SAVAGE e~ TURNER, PC
IOLlA TRUST ACCOUNT
38.2013612
304 EAST BAY STREET

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02/29/2012
PAY TO THE
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INVOICE
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DATE
02/29/2012
DESCRIPTION
Ivonna Habersham
Check# 1 Dale
7535
02/29/2012
Probale Court Clerk of Chalham Counly
IINV AMOUNT]
19,722,22
19,722.22
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SAVAGE & TURNER, PC
FIRST CHATHAM BANK
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SAV>lGE S, TURNER, PC
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02/29/2012
PAY TO THE
INVOICE
Habersham
DATE
02/29/2012
DESCRIPTION
McKinley Habersham, Jr.
7537
02129/2012
Probale Courl Clerk of Chalham CounlY
IINV AMOUNT I
19,722.22
19,722.22
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02/29/2012
Probate Courl Clerk of Chatham County
IINV AMOUNT
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SAVAGE & TURNER, PC
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SAVANNAH, GA 31401
(912) 231-1140
382013612
I
!
02/29/2012
PAY TO THE
ORDER OF
Thirty Seven Thousand Five Hundred Eigllty Three Dollars and 33/1 OO .... *",.,;t~** .. ,. ....... " ...........**.. ,.**""" ... ""*Ir..,..,.*"
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Kalyn Byers
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37,583.33
IN THE PROBATE COURT OF_C_h_a_th_a_m_ _ _ _ _ _ _ COUNTY

STATE OF GEORGIA
INRE:
ESTATE NO. H-7829
PETITION FOR LEAVE TO ENCROACH

ON CORPUS
--------------
Ivonna Habersham
MINORrWARD
Latesha Habersham
CONSERVATOR(S)
~~~~~~---------,
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 funds are on deposit with the Probate Court.
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.
This Minor has structured annuities in place to begin in 2016 and
2020, but cannot be touched
fo~.these
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_-_ _ _ _ _ _ _ _ _ _ _ __
Effective 7/07
2-
GPCSF 20 Complete
"
6,
The encroachment requested in this petition is needed for the following purpose(s) of maintenance,
support or education oftheperson(s) indicated in Paragraph 2 above in order to provide the following specific
items (attach separate 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 the minor/ward's estate, the
sum of$$5,900.00
for the purposes set forth above.
Signature of second petitionel', if any
Latesha Habersham
Printed Name
Printed Name
1804 Cimarron Street

Address
Address
Savannah, GA 31405
912-272-5346
Telephone Number
Signature of Attorney:
Typed/printed name of Attorney:

Address:
Kathryn Hughes Pinckney

304 East Bay Street
Savannah, GA 31401
Telephone:
Effective 7/07
912-231-1140
-3~
StateBar#376110
GPCSF20Complete
.'
VERIFICATION
GEORGIA, -"'Ch"":::th'::;:m'---_ _ _ _ _ _ _ _ _ _ COUNTY
Personally appeared before me the undersigned petitioner(s) who on oath state(s) that the facts set
forth in the foregoing petition are true.
Sworn to ~ubscribed b1.0re

me this 1!!!:. oy of
d<.<. '1
,20fl-
~~:?
U~er
Latesha Habersham
NOTARY/CLERK OF PROBATE COURT
My Commission Expires /O-//4S"'
Printed Name
Sworn to and subscribed before

me this _ _ day of _ _ _ _ _ _, 20 __ .
Second Petitioner, if any

NOTARYICLERK OF PROBATE COURT
My Commission Expires _ _ _ _ _ _ _ __
Effective 7107
Printed Name
-4-
GPCSF 20 Complete
IN THE PROBATE COURT OF
Chatham
- - - - - - COUNTY
STATE OF GEORGIA
INRE:
Ivanna Habersham
MINORIWARD
Latesha Habersham
CONSERVATOR(S)
ESTATE NO. _H_-_7_8_2_9____
)
)
)
)
)
)
)
PETITION TO ENCROACH
ORDER APPOINTING GUARDIAN AD LITEM

A Petition to Encroach being filed by the conservator(s) ofthe above named minor/ward, it is hereby
ORDERED that _ _ _ _ _ _ _ _ _ _ _ _ _ _ is appointed guardian ad litem for the
above minor/ward. The deputy cleric shall serve said guardian ad litem with a copy of this Order and the
above Petition. Upon said guardian ad litem's acceptance of same, said guardian ad litem shall make anSWer
hereto.
SO ORDERED this _ _ _ day of _ _ _ _ _ _ _ _~, 20 _ _ .
Probate Judge
Effective 7/07
-5-
GPCSF 20 Complete
.,
Chatham
COUNTY
------------------
STATE OF GEORGIA
IN RE:
Ivanna Habersham
MINORIWARD
Latesha Habersham
CONSERVATOR(S)
ESTATE NO. _H_-_7_8_2_9____
)
)
)
)
)
)
)
PETITlONTO ENCROACH
ANSWER OF GU ARDIAN AD LITEM

I hereby accept the foregoing appointment, acknowledge service and notice of the proceedings as
provided by law, and for answer say:
DATE
GUARDIAN AD LITEM
ADDRESS
TELEPHONE
Effective 7/07
-6-
GPCSF 20 Complete
Chatham
COUNTY
----------------
STATE OF GEORGIA
INRE:
Ivanna Habersham
MINORIWARD
Latesha Habersham
CONSERVATOR(S)
ESTATE NO. _H_-7_8_2_9_ _ _ __
)
)
)
)
)
)
)
ORDER
Upon reading and considering the foregoing petition, and it appearing that the averments therein
made are true, and the guardian ad litem for the minor/ward filing an answer to the petition which raised
no objection to the grant of the Petition; it is ordered that, to the extent indicated below, the same be, and
is
h~reb)',
granted; said conservator(s) is/are hereby (initial applicable):

a.
allowed to expend from the corpus of said minor's/ward's estate up to the sum of
$,_ _ _ _ _ _ _ _ _ _ for the specific items set f0l1h in said petition for
the purpose of maintenance, support or education of the person(s) indicated in

Paragraph 2 of the petition, and said Conservator(s) must show in his/her/their
annual returns how such funds are actually spent.
_ _b.
allowed to increase hislher/their monthly budget to $,_ _ _ _ _ _ _ _ per

month and said Conservator(s) must show in hislher/their annual returns how
such funds are actually spent.
SO ORDERED this _ _ _ day of _ _ _ _ _ _ _ _~, 20___,
Probate Judge
Effective 7/07
-7
GPCSF 20 Complete
IN THE PROBATE COURT OF_C_h_a_th...:a--'m_ _ _ _ _ _ _ COUNTY

STATE OF GEORGIA
INRE:
ESTATE NO . .;.H.:...-.:...
78:.:2:.:9_ _ _ _ _ __
Ivonna Habersham
MINORI\ARD
)
)
PETITION FOR LEAVE TO ENCROACH

ON CORPUS
Latesha Habersham
======--------,
CONSERVATOR(S}
..:..:..::.::..:::..:..:::.====-------, )
)
TO THE HONORABLE JUDGE OF THE PROBATE COURT:

The petition of Latesha Habersham
, Conservator(s) of
. :I.;.vo.::.n::::.n::::a:;...:..H;.:a;.:b;.:e::::rs.::.h::::a_m
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, (adult ward) (minor) shows:
I.
As such conservator(s), petitioner(s} haslhave in hand assets valued at $_1--,3~,8.::.2.::.2=.2:::2,----_ _ __

The conservator(s} expect(s} that the minor/ward will have income of$,_-O_-_ _ _ _ _ _ _ _ during
the next accounting period.
These funds are on deposit with the Probate Court-.

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 (and/ol _ _ _ _ _ _ _ _ _ _ _ _ __
who is/are 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.
This Minor has structured annuities in place to begin in 2016 and

2020, but cannot be touched fo~.these 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 ofthc consel"Vatorship, petitioner(s) has/have previously encroached on the corpus
of this estate in the total amount of approximately $,_-0;...-_ _ _ _ _ _ _ _ _ _ _ __
Err~clh'e
7/07
Filed In PMI!l:lourt
;:aJrYo%:~,/
Chief DoWly Clerk, Probate Court, Chatham Co GA
GPeSF
6.
The encroachment requested in this petition is needed for the following purpose(s) of maintenance,
SUppOlt or education ofthe person(s) indicated in Paragraph 2 abovein order to provide the following specific
items (attach separate sheet if necessary): $7,300.00 to Memorial Day School for tuition, registration,
student activity and capital improvement fees
WHEREPOREl'etitioner(s) pray(s) that the Court

I.
appoint a guardian ad litem, and
2.
grant an order allowing petitionelto expend from the corpus of the minor/ward's estate, the
sum of $ $7,300.00
for the purposes set forth above.
Signature of second petitioner, ifany
Latesha Habersham
Printed Name
Printed Name

Address
Address
Savannah, GA 31405
912-272-5346
Telephone Num ber
Signature of Attorney:
Typed/printed name of Attorney:

Address:
Kathryn Hughes Pinclmey

304 East Bay Street
Savannah, GA 31401
Telephone:
Effective 7/07
912-231-1140
~ 3-
State Bar # 376110
GPCSF 20 Complete
VERIFICATION
GEORGIA, _C:.:h:::.Ih:::''''m'--_ _ _ _ _ _ _ _ _ _ COUNTY
Personally appeared before me the undersigned petitioner(s) who on oath state(s) that the facts set
forth in the foregoing petition are true .
Sworn to and sUbscr:.~t before

me this2.L day of '0-<..,
, 20.J1L.'
.__... _. ____ .Jr7~ ..g~6,4-.
~<%u
Latesha Habersham
Pl'inted Name
~:..~~~~~~~~~~~C~~~~ifiN~~J~r-GtC"-.--"------------.""---.--.""---. ____....___.."___.._.".m___.
Mv CommisSlQn Expires Oct 11 2015
Sworn ana subscribed before
me this _ _ day of
, 20 _ _.
to
Second Petitioner, if any

My Commission Expil'es _ _ _ _ _ _ _ __
Effective 7/07
Printed Name
GPCSF 20 Complete
Chatham
- - - - - - - COUNTY
STATE OF GEORGIA
INRE:
Ivonna Habersham
MINORfWARD
Latesha Habersham
CONSERVATOR(S)
ESTATE NO. _H_-_7_82_9

_____
)
)
)
)
)
)
)
ORDER APPOINTING GUARDIAN AD LITEM
_____ _ _____ A Petition to E!'.::roach_ be~ngJiledbl'the co l1servator(s) oftheabove named '.!!inorlw~~d. it is her~9Y
ORDERED that
is appointed guardian ad litem for tile
above minor/ward. The deputy clerk shall serve said guardian ad litem with a copy of this Order and the
above Petition. Upon said guardian ad Iitem's acceptance of same. said guardian ad litem shall make answer
hereto.
SO ORDERED this _ _ _ day of _ _ _ _ _ _ _ _ _ 20_ _.
Probate Judge
Effective 7/07
-5-
GPCSF 20 Complete
Chatham
COUNTY
------------------
STATE OF GEORGIA
INRE:
Ivanna Habersham
MINORIWARD
Latesha Habersham
CONSERVATOR(S)

_ _ _ __
)
)
)
)
)
)
)
ANSWER OF GUARDIAN AD LITEM

I hereby accept the foregoing appointment, acknowledge service and notice of the proceedings as
------.-----. provided by law, and for answer say:
.
. " " " " ""
---
GUARDIAN AD LITEM
DATE
ADDRESS
TELEPHONE
Effective 7/07
6-
GPCSF 20 Complett!
Chatham
COUNTY
STATE OF GEORGIA
_____
)
)
)
)
)
)
)
INRE:
Ivonna Habersham
MINORIWARD
Latesha Habersham
CONSERVATOR(S)
ORDER
Upon reading and considering the foregoing petition, and it appearing that [he averments therein
made are true, and the guardian ad litem for the minor/ward filing an answer to the petition which raised ..
no objection to the grant of the Petition; it is ordered that, to the extent indicated below, the same be, and
is hereby, granted; said conservator(s) islare hereby (initial applicablc):
a.
allowed to expend from the corpus of said minor'slward's estate up to the sum of
$ _ _ _ _ _ _ _ _ _ _ for the specific items set forth in said petition for
._tl)p~IP<l.e
Qfrnaintenance, suppo11 or.ed.ucation ofthe person(s) indicated in _ ...__.
Paragraph 2 of the petition, and said Conservator(s) must show in hislherltheir

allnual returns how such funds are actually spent.
_ _b.
allowed to increase hislherltheir monthly budget to $,_ _ _ _ _ _ _ _ per

month and said Conservator(s) must show in hiS/herltheir annual returns how
such funds are actually spent.
SO ORDERED this _ _ _ day of _ _ _ _ _ _ _ _ _, 20 _ _.
Probate Judge
Effective 7/07
7-
GPCSF 20 Comple.te
MEMO:Rl1,}jL
DAY
SClHfOOIL
Date _-,M"",ayy"2.!.1~2,,0,-1,,3,-_ _ __
1ndivitfua[Ji!ttentWn. Ji!cadmicSuccess.
Ms. Lalesha Habersham

Savannah, GA 31405
Dear
Ms. Habersham
The Financial Aid Committee recently met and has approved the following award for_ _-'I"vo"'nl!n"a!..-_ _ _ in grade -1Jl!L for
2013 14 school year:
Payable:
$ 7,000.00
.._ _.__._.. ....?_013,2014 Tuition Amount
the
1000.00
Financial Aid Awarded
"'See Below
$ 6.000.00
Tuition Amount Due

Additional Fees:
300.00
Registration Fee
Tuition Credit Plan
200.00
Student Activity Fee
300.00
Capital Improvement Fee
500.00
$7,300.00
TOTAl. AMOUNT DUE
Memorial Day School is pleased to be able to provide you with this financial assistance and asks that you respect the following:
a, Please do not discuss your financial arrangements with anyone.
b. Promole Memorial Day School at all times.
c. Volunteer as much as possible when asked by the school.
d. Support Memorial Day School wilh your time and talenls.
Please indicate the acceptance of this award by signing and returning one copy of Ihis letter by
June 27, 2013
. If you have any
questions or concerns about your financial Obligation or assistance, please feel free to call me at 352-4535.
Sincerely,
'"
._},
!\
\.
,-
JiII.Willcoxon
Date
Additional Notes:
EXHIBIT
~
~
!1500 Hahersham Street .. Savannah. GA 31405~5946
If
"
ft
Phone (912) 352~4S35" Fax (912) 352-4536" www.memorialdavr:;r:hool.cnm
Truitt E. Byers, 54, died FebrualY 7, 2008 as a result of injuries sustained in the explosion at the
bnperial Sugar Refinery. He was born in Argilite, Kentucky and lived in Savannah, Georgia for
34 years. Mr. Byers was an operator mechanic at the Refinery with twenty two (22) years of
service. He was a member ofhnmanuel Baptist Church and Ancient Landmark Lodge No. 231,
F & AM, the Scottish Rite Consistory-Valley of Savannah and a former member of the Alee
shrine where he was active with the Oriental Band Unit.
EXHIBIT
! r
McKinley "Von" Habersham, Sr. died Friday, February 22,2008 at the Doctor's Hospital in
Augusta, Georgia from injuries sustained in the explosion at the Imperial Sugar Refinery on
February 7,2008. McKinley was born in Savannah, Georgia on September 9, 1977, the son of
McKinley and Regina Habershm. He attended the public schools of Chatham County and was a
graduate of Savannah High School, Class of 1966. He was employed by Imperial Sugar
Company and Club Exclusive. He was a member of Down South Creations.
EXHIBIT
Michael B. "Big Mike" Williams

Michael Williams was known to friends and family as "Big Mike." He died as a result of injuries
received at the sugar refinery explosion. He was 55. Mr. Williams was a family man and loved
being with them. He was a hard worker and will be missed by all who knew him.
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Ante Litem Notice - Probate Court

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Ante Litem Notice - Probate Court

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BRENT J.

December 18, 2014

Dear Mr. Hart and Mr. Scott:

102 E. LIBERTY ST. 1 8TH flOOR

SAVANNAH GEORGIA 31401

P.O. BOX 10600 SAVANNAH GEORGIA 31412

R. Jonathan Hart, Esq.

R. Jonathan Hart, Esq.

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

R. Jonathan Hart, Esq.

Ivonna Habersham (date of birth January 7, 1998)

.McKinley Habersham, Jr. (date of birth November 14, 1996)

No encroachments have been made. McKinley Habersham reached the age of

Kwamen Habersham (date of birth June 7, 1995)

Kalyn Byers (date of birth November 8,1997).

R. Jonathan Hart, Esq.

R. Jonathan Hart, Esq.

SAVAGE, TURNER, KRAEUTER, PINCKNEY, (6 MAD[SON

.104 EAST B.W STREET

'3hVAN!..JI\H. GEOKOl.... 31412

KAfHRYN HUGHES PINCKNEY

1112) 231.1140 TELEPHONE

BRENT J. SIW1\GE, JR.

February 29, 2012

VIA HAND DELIVERY

FIRST CHATHAM BANK

[OlTA TRUST ACCOUNT

Probate Court Clerk of Chatham County

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

Probate Court Clerk of Chatham County

-- .. _--._---_._----- - .- ------------.._--_ .._.. ---_..... _---_ .._._--00 277j,1,,,'

SAVAGE & TURNER. PC

McKinley Habersham. Jr.

Probate Court Cterk of Chatham County

SAVAGE & TURNER, PC

304 EAST BAY STREET

Probate Court Clerk of Chatham County

Probate Court Clerk of Chatham County

SAVAGE & TURNER, PC

304EAST BAY STREET

Probate Court Clerk of Chatham County

Probate Court Clerk of Chatham County

Probate Court Clerk of Chatham County

FIRST CHATHAM BANK

[OlTA TRUST ACCOUNT

ORDER OF Probate Court Clerk of Chatham County

Probate Court Clerk of Chatham County

Probate Court Clerk of Chatham County

SAVAGE & TURNER, PC

ORDER OF Probate Court Clerk of Chatham County

Probate Court Clerk of Chatham County

lI'0075:1gll' I:Ob l. 2 20 l. 3:11:

SAVAGE & TURNER, PC

Probate Court Clerk ofChatharn County

IN THE PROBATE COURT OF CHATHAM COUNTY

ASHLEY WILLIAMS, a minor

fUDGE OF THE PROBATE COURT

FIRST CHATHAM BANK

ORDER OF Probate Court Clerk of Chatham County

IN THE PROBATE COURT OF CHATHAM COUNTY

KALYN BYERS, a minor

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

-----.---iTTsTfEREBy ORDEREiYAN57J5JUi5GED that the settlement funds dueio-a;:e--------

......."'....."". . ***_ ........

". ._ _ "W", '_',__