Newspaper Page Text
Judge Considers Peracchio Issue
Jud?e Joseph “Bo'" Log
gins 0 Chattooia County
ugerior Court has taken
under consideration separate
motions by both sides in the
unusual $500,000 Peracchio
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BOOKS, RECORDS STACKED HIGH
In Old Courthouse Balcony Area
Court Records Moved
Out Of Balcony Area
: Lann Cordle, Chattooga County clerk
of court, has gotten tired of trying to dig
through chaos in the courthouse “attic”
and has moved some of his stored records
back downstairs to his office.
Some of his less recent criminal war
rants and related records had been stored
in the old balcony area of the second floor
courtroom. But gordle found it difficult to
gain access to the records when needed
because of their location and the disorder
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ELECTION RESULTS, BOXES, BOOKS CROWDED INTO “ATTIC”
Clerk Of Court Lann Cordle Moves Some Records Back Downstairs
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CLERK LANN CORDLE CHECKS OLD CHATTOOGA WARRANTS
Brought Back To Office From Old Courthouse Balcony Area
damage suit.,
The judge heard from at
torneys representing Mrs. Ber
tha Peracchio, a widow who
was in the process of getting a
divorce wgen her husband,
of the storage area. The fact that he found
some records loosely scattered armm%
cram{)ed area didn’t help.
Although he has little room left in the
clerk’s offices on the main floor of the cour
thouse, Cordle said he felt it would be wise
to bring a number of the records back
downstairs for safekeeping and to provide
better access to the information for his
staff.
Francisco, died on Jan. 11, and
the attorney reg)resenting the
executors of her husband's
estate.
A third-party defendant in
the case is Mrs. Peracchio’s
niece and adopted daughter,
Elfriede Kindler Harrington,
who has filed a $500,000 suit
afiajnst her stepfather’s estate.
She was named a third-party
defendant in the divorce case
by her stepfather before his
death.
EXECUTORS
After Peracchio died, the
Farmers and Merchants Bank
of Summerville and Alex
McAulay were named ex
ecutors of his estate. They were
substituted for him in the
divorce action, which turned in
to a damage suit when Mrs.
Harrington sought $250,000 in
damages from her stepfather’s
estate along with $250,000 in
punitive damages.
Mrs. Peracciio‘s attorneys
argued before Judge Loggins
Monday morning that the cou
ple’'s joint banking accounts
with right of survivorship,
shouldn't be affected by Judge
Loggins’ earlier consent order
giving all parties in the case
temporary possession of
various items of property and
placing certain funds in a trust
account at the Summerville
Bank. They argued that Mrs.
Peracchio shoufiiube allowed to
take immediate possession of
those funds.
Arch Farrar Jr., represen
ting the executors, argued that
the accounts were joint assets
and that the only reason for
{)oint tenancy is to protect a
ank’s liability, not to decide
ownership of an account.
Several legal issues survived
Peracchio’s death, Farrar said,
including the division of assets
in the estate. He contended
that Peracchio had put part of
the money in the joint
accounts.
NO DIVORCE
Mrs. Peracchio’s lawyers
said that regardless of a
divorce action being filed, no
divorce had ever taken place
and, under the law, never
existed.
Farrar arFued that both
Farties were forbidden by law
rom removing, changing or
swapping assets once a divorce
action was filed.
Attorneys for both sides
were given an ogrortunity to
file additional legal briefs in the
case before Judge Loggins
issues a ruling. He said he isn’t
likely to hand down his deci
sion for about three weeks, due
to the press of court business
elsewhere in the Lookout
Mountain Judicial Circuit.
COMPETENCY?
In addition, Farrar also
moved that the judge order a
mental competency examina
tion of the 92-year-old Mrs.
Peracchio, who now resides in
Florida. The Peracchios resid
ed on Lookout Mountain dur
ing most summer months.
Mrs. Peracchio’s attorney
said, however, that the case is
not one involving personal in
jury and mental competency is
not an issue in the case. He
described statements by a
Summerville and Florida doc
tor attesting to her competen
gy and an examination by a
ummerville doctor last
summer.
Attorneys for both sides
said they had no problem with
Judge Loggins viewing a re
cent video-taped deposition of
Mrs. Peracchio before making
his ruling. The attorneys were
allowed to file additional legal
briefs on the issue.
IN NEWSPAPER
The Summerville Industrial
Devel%gxment Authority (IDA)
voted Tuesday morning to pur
chase an ad promoting the ci
ty's speculative building in the
“Coosa Valley View” %or the
next three months.
The publication, based in
Cartersville, covers economic
dg,velopment news in Nor
thwest Georgia.
Grady I\flCalmon, Sum
merville city manager, recom
mended to the IDA that it ob
tain the eighth-page ad for
$235 for each of the three
months. The publication is
read by developers and in
dustrialists throughout the
region, McCalmon said.
ADS
Ads promoting the 40,000
s?uare foot building have been
placed in various daily
newspapers in Chicago, St.
Louis, Nashville, Louisville and
Memphis — all without suc
cess, said McCalmon.
The ‘““Coosa Valley View"
has a circulation of 17,000, the
city manager said.
The panel also briefly
discusse(P placing an ad for the
building in a textile or carpet
trade magazine. McCalmon
said the building, located on
Bolling Road in the city’s in
dustrial park, would be
“perfect’’ for a small carpet or
textile plant. He added that a
Erospect is looking at use of
alf the building.
Sue Spivey, executive vice
president of the Chattooga
Count{ Chamber of Commerce,
said plans are continuing to be
made for the mid-May interna
tional bus tour of I\K)rthwest
Georgia. The project will be
sponsored by tge Coosa Valley
Area Planning and Develop
ment Commission. Tentative
Elans call for a luncheon to be
eld at a private home in Sum
merville area for the interna
tional guests on May 13.
EXPERT
McCalmon is also supposed
to arrange for an expert to
discuss how state and federal
tax reform will affect industrial
bond sales at the next meeting
of the IDA on April 21. That
meeting likely will be a lun
cheon meeting rather than a
breakfast session, the Authori
ty indicated.
McCalmon revealed that
Eula Amos, Authority chair
man, had been nominated for
the governor's volunteer
award. The winner will be nam
ed at an April 3 banquet in
Atlanta. The panel voted to
pay the expenses of Ms. Amos
and a guest to attend the
event. It also authorized Ms.
Amos to attend an A'Fril
seminar sponsored by the Ten
nessee Valley Authority.
REPORT
Allen ‘‘Butch’ Eleam,
Authority treasurer, reported
that the Authority Ead a
balance of $11,987.47, not in
cluding a SSOO check received
from the city Tuesday
morning.
Theciroug met at the Chat
tooga Chamber office.
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The Summerville News, Thursday, March 19,1987 . . . ..
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