Baker Donelson Attorney Steve Hall filed the following exhibit along with 27 others with Judge Craig Schwall in the Superior Court of Fulton County, Georgia, at a hearing on July 11, 2014. This exhibit consists of handwritten notes from Mercy Housings’ Dianne Leavesley. She made these notes during a conference call with the following participants: A. J. Robinson (CAP), Pete Walker Mercy Housing – Atlanta), John Morland (National Housing Trust attorney – Washington), Sandy Maben (Mercy Housing – Denver) and Julie Gould (Mercy Housing – Denver?). Dianne Leavesley’s notes written on 11/3/08 are quoted verbatim:
“City of Atlanta and business community interested in Peachtree-Pine shelter.
A former real estate developer represents the Atlanta Metro area engaged w/County, City & The Mayor
The community under the Mayor’s & United Way’s leadership want to solve the homeless issue – – not just feeding & sheltering, but to end their homelessness.
“Task Force wants to shelter & feed & nothing else!” Task Force started as an advocacy group, the shelter is poorly run, it’s a drag on the City
The City cut the water to part of the building.
Sell the Notes to Central Atlanta Progress or a member
Central Atlanta Progress a member org – – Atlanta Downtown Improvement District – – an elects w/Mayor and City Govt w/ United Way
Plan – process people on a temporary basis – they trust the system 100 people each Atlanta and Gateway 100 people each
200 – 300 – they believe the Task Force inflates the numbers
Prediction re: collapse Wardlaw no longer writing checks
What communications with/her board? Discussions with her board haven’t effective
PETE MHSE looked into the situation one year ago for SRO housing above a scaled down shelter (a small intake space)
Atlanta Housing Authority, State of GA said they would not support the development if Task Force’s people were involved.
Water liens $10,000 Debbie Starnes – works for the Mayor – former City Council person Horace Sibley – head of United Way’s program for homeless”
Note: Exhibit 11 brings Mercy Housing, Inc. into the conspiracy mix. In other e-mails A. J. Robinson asks Pete Walker, the head person for Mercy Housing South East headquartered in Atlanta how can “we” put the Task Force in default. Walker answered that he would like to know that also. This conference began that process, and this conference call was one of many attempts to ”get to” the nuns at Mercy Housing to convince them to allow someone to but the Notes. Of course, Emanuel Fialkow became the nun’s choice. With a name like Ichthus how could Manny miss? A transliteration of the letters of this Greek word proves to be iota, chi, theta, upsilon, sigma. This Greek word means FISH, probably the second best known symbol used in the early Christian church. Wouldn’t you love to know which conspirator at CAP came up with a Christian symbol to camouflage Manny Fialkow. I’d put my money on Richard “crap sniffer” Orr or Paul “toxic waste dump” Kelman.
James Wilson Beaty
Jeremiah 22:16
August 27, 2014
Residents At Peachtree Pine, January 23, 24, 2012
January 25, 2012
On the night of Monday, January 23, 2012 690 people spent the night at The Peachtree Pine facility. On the night of January 24, 2012, 632 men and 7 women spent the night at the Peachtree Pine facility. Note please that women or women with their children stay at this facility only when they cannot be placed in any other facility.
When the Peachtree Pine Community is shut down and these people are “kicked out,” where will these 700 people go? United Way? Gateway? Central Atlanta Progress? Wake Up, Stay Up? All Saints Episcopal Church? Emory Hospital Midtown? Cousins Properties? Troutman Sanders? Sovereignly immune City Hall? The Varsity? Ichthus, Inc.? Mercy Housing, Inc.? We shall see. We shall see. Good night Team Goliath. Sleep warm Jack. Sleep warm Manny. Sleep warm Vince. Sleep warm Rector Hoar. Sleep warm A. J.. Sleep warm Rock de Rock Hill. Sleep warm Rhonda Cook. Sleep warm Peggy. Sleep warm Rufus. Sleep warm Bumbot. Rest in peace AJC. Sleep warm Milton. Sleep warm Dave. Sleep warm dear Debi. Sleep warm Number 81. Sleep warm Jim Lee. Sleep warm Judy.
James Wilson Beaty
Jeremiah 22:12
January 25, 2012
Judge Craig Schwall: “Wait a minute!” “Wait a minute!”
June 14, 2011
Judge Craig Schwall: “Wait a minute!” “Wait a minute!”
The following questions and answers are quoted from the Status Hearing on June 10, 2011, in the Superior Court of Fulton County. Mr. Hall is counsel for the Task Force. Mr. Moffett is counsel for Emanuel Fialkow. Mr. Kushner is counsel for Premium Funding Solutions. The Honorable Judge Craig Schwall is presiding.
Judge Schwall: Tuesday morning at 10:00 o’clock. And, Mr. Bonder, I’m not letting you out. Unless there is something else for us to take up, I will deal with that, and then I will order mediation after that. I don’t think there’s anything else we can take up.
Mr. Kushner: Are you lifting the stay, Your Honor, so our motion that has been pending since February can be – –
Judge Schwall: What stay?
Mr. Kushner: The leave to file the dispossessory.
Judge Schwall: No.
Mr. Kushner: What about getting the rent for the property?
Judge Schwall: No.
Mr. Kushner: They have been in the property free since June of 2006.
Judge Schwall: But you’ve got a piece of property that your own appraisal says is worth 4 to 5 million dollars.
Mr. Kushner: That’s their appraisal. Our appraisal doesn’t say it’s worth that.
Judge Schwall: What does your appraisal say?
Mr. Kushner: I don’t know that he has an appraisal. We estimated – –
Judge Schwall: I thought we were in court and everybody agreed what the property was worth.
Mr. Kushner: We were not in court. I wasn’t even a party.
Judge Schwall: Well, then get me a current appraisal.
Mr. Kushner: But be that as it may, Your Honor, even if at some point it can be sold for $4 million there are on-going expenses that the Task Force refuses to pay for. They refuse to insure the building so my client is forced to pay for that.
Judge Schwall: Is the building insured?
Mr. Kushner: Yeah, because we paid for it.
Mr. Hall: Your Honor, I am troubled by what I am hearing compared to what I have seen in the documents. I mean, I’m holding in my hand a document where there’s a discussion of Manny Fialkow demanding $200,000 be contributed from the other players in this case because he’s going to be the one to foreclose and kick them out. The whole idea – – I understand Premium Funding Solutions is owned by Manny Fialkow’s wife.
Judge Schwall: Wait a minute. Is that an email?
Mr. Hall: This is an email from A. J. Robinson to a player at Emory University. I’ve got Mr. Fialkow saying, these are how I structure my deals. I put up a personal guarantee. I take 50 percent of the return that comes above it. You, whoever loaned some money, to come in. I’ve never heard this gentleman’s name (Dustin Walsey) until today.
Judge Schwall: Did Mr. Fialkow personally guarantee the note to Premium Funding?
Mr. Kushner: No.
Judge Schwall: All right.
Mr. Moffett: That’s just a misrepresentation of the evidence, as I understand it.
Mr. Kushner: That predates even Ichthus buying the notes and foreclosing.
Mr. Hall: Counsel told me that Premium Finance Solutions was owned by Mr. Fialkow’s wife three weeks ago on the phone.
Mr. Kushner: That’s not what I told you. The two members are Sunshine Properties Group, one of the members of that is Mr. Fialkow’s wife. The other member is Mr. Walsey.
Mr. Hall: And none of that was mentioned when Your Honor asked a direct question a moment ago that there were two members to this entity and one was Mr. Fialkow’s wife..
Mr. Kushner: Is a representative of – –
Judge Schwall: Wait a minute. Mr. Fialkow’s wife is a part of Premium Funding?
Mr. Kushner: No. She is a member of an LLC that is a member of Premium Funding.
Note: Just one question. Are lawyers UNDER OATH whenever they answer a Judge’s questions?
James Wilson Beaty
Jeremiah 22.16
June 14, 2011
Atlanta Attorney: “Nothing like it before, ever!”
March 30, 2011
“Nothing like it before, ever!” are the words an Atlanta attorney used to describe the current lawsuits exposing the City of Atlanta and its fellow conspirators that I have named, TEAM GOLIATH. For example, Central Atlanta Progress (CAP) recently celebrated its 70th anniversary. This muscular organ of downtown Atlanta, to my knowledge, has never been subpoenaed to answer for any of its actions. That is not until February 22 and 23, 2010, when its brass Richard Orr and A. J. Robinson were deposed respectively.
Horace Sibley, chair of Mayor Shirley Franklin’s Commission to End Homelessness, said UNDER OATH that he had never been deposed ever before his January 10, 2010 questioning. Czar of Homelessness Debi Mae Starnes has been deposed two times. United Way’s Protip Biswas, DCA’s John Bassett, Americorps’ John Turner and Kate Webb, City of Atlanta’s Bonnie Ware and Mayor Shirley Franklin have been deposed.
Atlanta’s legal community is buzzing. The marvel is not that the good ole boy downtown buddy systems have been caught. Scholars Larry Keating and Chuck Rutheiser have written books busting them. But the wonder of these lawsuits is that the City, CAP, ADID, United Way, Emory Health Care, Inc., Ichthus’ Manny Fialkow, the Peachtree Corridor clerics, the nun-run Mercy Housing, Inc. and others COULD have to answer for their actions against poor people in front of a jury. And their answers COULD have civil and criminal consequences.
I can’t recall a lawsuit that has brought out so many law firms scurrying to rescue their own. Some of these firms represent the cream of Atlanta’s legal profession. Alongside A. J. Robinson and Richard Orr sits Troutman Sanders. Alongside Horace Sibley sit King and Spaulding and McKenna, Long and Aldridge. Alongside Debi Mae Starnes sit the City of Atlanta attorneys. Alongside United Way’s Protip Biswas sits McKenna, Long and Aldridge. Alongside Shirley Franklin sits Ruth Woodling. Alongside Emory health Care, Inc. sits Arnall, Gold and Gregory. I don’t know who will represent the nun-run Mercy Housing, Inc., perhaps Dewey, Cheatam and Howe.
The legal profession is watching. Tortious Interference, collusion, conspiracy, fraud and racketeering rule the day in downtown Atlanta. But exposure in front of a jury with possible civil and criminal consequence COULD bring a new day to downtown. Listen for the rattling of the cages of Atlanta’s decadent, downtown power elite. The caught are furious. Does a worm squirm? Somebody will pay for little David’s five smooth stones.
Remember that CAP’s A. J. Robinson told The Chamber’s Sam Williams that “Baker Denelson is on the wrong side of this lawsuit.” He added to his buddy that it could cost Baker Donelson down the road. CAP controls law firms too, most of them.
James Wilson Beaty
Jeremiah 22.16
March 29, 2011
The following blog consists of excerpts from documents given the Atlanta Task Force Board of Directors by Baker Donelson Attorney Steve Hall. This Civil Action has been filed within the last fortnight with Judge Craig L. Schwall, Sr., Judge, Superior Court of Fulton County.
METRO ATLANTA TASK FORCE FOR THE HOMELESS, INC. and ANITA BEATY, Plaintiffs
v.
EMANUEL FIALKOW; THE BENEVOLENT COMMUNITY INVESTMENT COMPANY, INC.; CENTRAL ATLANTA PROGRESS, and THE ATLANTA DOWNTOWN IMPROVEMENT DISTRICT, Defendants
Written Discovery:
“Plaintiffs have multiple depositions and thousands of documents that they have offered to make available Defendants (and Ichthus) at a mutual convenient time and location. CAP, ADID and BCIC have not served any discovery. In addition, while Plaintiffs anticipate discovery disputes (Ichthus has refused to provide electronic discovery), Plaintiffs plan on addressing these issues with the Special Master.
“Unfortunately, for reasons it has not disclosed, Ichthus has refused to consent to these depositions being taken jointly in all cases. This places a significant burden on the witnesses and parties.
Motion to Pursue Dispossessory
“At the initial hearing the parties hearing the parties pursued cross-motions for TRO, with Ichthus seeking to evict the Task Force and Anita Beaty from the Shelter (among other things) and the Task Force seeking to prohibit any actions to interfere with their use of the Shelter (among other things). At the conclusion of the hearing, the Court entered an order allowing the Task Force to remain in the Shelter, consolidating the dispossessory actions that were filed by Ichthus separately in the State Court Action, and forming a committee to review the conditions at the Shelter. Plaintiffs believe that the situation even more strongly favors maintenance of the status quo today than it did at the initial hearing. Specifically, Plaintiffs note: (1) the weather is getting much colder and the services they provide to the homeless are even more needed this time of the year; (2) the Committee Report has dispelled Ichthus’ false assertions about the conditions at the Shelter; and (3) Plaintiff’s discovery has uncovered significant additional evidence demonstrating the conspiracy to harm the Task Force and specifically showing that the improper actions of Defendants caused Plaintiff’s lenders to sell the Notes at issue. Attached hereto as Exhibit “A” are a few examples of this evidence, including an email from an influential representative of Task Force’s lenders showing that they were convinced to foreclose or sell the Task Force’s Notes by communications from the City and Defendants falsely stating that the Task Force was not helping the men in the Shelter, an email showing Fialkow congratulating Central Atlanta Progress on the very type of anti-homeless discrimination efforts that are at the heart of this case and notes from communications with A. J. Robinson referring to his plan to use business interests (such as Ichthus) to carry out the plan to acquire the Notes. Accordingly, Plaintiffs believe this Motion should be summarily denied or stayed.
The following notes and e-mails are quoted from Exhibit “A”:
From: Gerety, Sister Jane [Gerety@sjha.org]
Sent: Wednesday, November 12, 2008
To: Julie Gould
Subject: call
Julie,
I got your voice mail. Thanks. I wanted to talk to you about the possibility of foreclosure on the Peachtree and Pine property in Atlanta. I’ve talked with Pete and with others representing the city and believe that foreclosing is what we should do. It needs to be part of a plan to move the men living in the shelter to other facilities where there are supportive services and a proposal from Mercy Housing for affordable housing on the site. There may be some negative publicity, but I think that can be mitigated by the plan and the proposal. Moving the men is very doable and represents a philosophy that I think is much more enlightened than warehousing them in the present facility. In addition, If Mercy Housing can help to accomplish this, I believe e will be in the debt of the city, the business community and the foundations. Horace Sibley, who chairs the mayor’s commission to end homelessness, told me that if we can get this accomplished, we should pass the hat immediately.
Note: The typed portion of this e-mail ends here. The following “paragraph” contains handwritten notes that read as follows”
“Anita’s vision meets people. Horace wants to get people out of homelessness. 1 by 1 her funding sources have dried up. A proposal to rehab the bldg to maintain the shelter w/sro hsg above. Foreclosure – sensitively & delicately. Horace has a plan to move the men.
From: Julie Gould
Sent: Wednesday, November 12, 2008
To: Gerety, Sister Jane
Cc: Diane Leavesley
Subj: call
Thank you Sr. Jane for sharing these important views! I’m copying Diane Leavesley, the president of the Mercy Loan Fund who is one of the participants on the loan with another nonprofit (we do not own a controlling interest ). I’d suggest we get on the phone if she is able to this morning Denver time. I’ll be here until 12 noon ET. In case we miss Diane’s direct number is 303 – 830 – 3469. I know that she and her partner are working through all the options and are very sensitive to the homeless and the community in doing so. All the best, Julie.
Note: The most devastating lie that TEAM GOLIATH could tell is that The Pine does nothing but “warehouse” the people who stay there. That TEAM has broadcast that lie for ten tears across Atlanta. In 2008 that falsehood was told to nuns et al who bought it hook, line and sinker.
Be sure to read my blog entitled, “I was NOT ‘warehoused’ at Peachtree and Pine” Maurice Lattimore
James Wilson Beaty
Jeremiah 22.16
December 3, 2020
PLEASE! PLEASE read MERTON SUSSEX on Mercy Housing and Ichthus
February 8, 2010
Following the news coverage of the foreclosing set for the Peachtree Pine building Merton Sussex wrote an article, “The Day I Lost My Faith In Humanity.” You can read it at http://www.diary of fools.com/2010/02/day-i-lost-my-faith-in-humanity-html.
Only silence on the foreclosing from churches and synagogues. Only silence from the business community. Only silence from the general public. HOWEVER, occassionally a voice cries in the wilderness. I have never heard of Merton Sussex, but I can’t wait to shake his hand.
Please read him.
James Wilson Beaty, PhD
Jeremiah 22.16
February 8, 2010
Dr. Jim Beaty 