STATE OF SOUTH CAROLINA COUNTY OF CHARLESTON
Family Services, Inc., as Conservator For Muriel W. Clarkin,
Plaintiff,
vs.
Patricia Clarkin Smith
Defendant.
) IN THE COURT OF COMMON PLEAS
) FOR THE NINTH JUDICIAL CIRCUIT
) CASE NO: 2016-CP-10- 5427
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) AFFIDAVIT OF KELLEY EVANS
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PERSONALLY APPEARED before me, Kelley Evans, who being duly sworn, deposes and says as follows:
- I am twenty-one years of age or older, legally competent to testify as to the matters contained within this Affidavit, and have personal knowledge of the facts set forth within this Affidavit.
- I am employed as a Conservator Case Manager for Family Services Inc. and am the case manager for Muriel W. Clarkin’s Conservatorship.
- I attended the hearing for Plaintiffs Motion for Summary Judgement scheduled to heard at 12:00 p.m. on May 11, 2021 before the Master in Equity the Honorable Mikell R. Scarborough.
- The Court was hearing another case when Plaintiffs counsel and I arrived and did not begin this matter’s hearing until at or around 12:15 p.m. At that time the Defendant Patricia Clarkin Smith was not present for the hearing.
- The hearing lasted for about forty-five minutes after which time Judge Scarborough ruled from the bench granting Plaintiffs Motion for Summary Judgement and requested that Plaintiffs counsel draft a proposed order on the motion and provide it to the Court.
- The Court informed us that it needed to begin its next hearing and Plaintiffs counsel and I began packing up are things. Thereafter, the Defendant Patricia Clarkin Smith appeared in the courtroom.
- At that time Judge Scarborough informed Ms. Smith that he had already heard the motion, ruled from the bench granting the motion and that Plaintiffs counsel would be submitting a proposed order on the motion to the Court. Judge Scarborough then instructed Plaintiffs counsel to provide Ms. Smith a copy of the proposed order at the time he provided it to the Court.
- Plaintiffs counsel, myself and Ms. Smith exited the courtroom together and the three of us then immediately sat down together in the conference directly off the courtroom and spoke for about ten minutes.
- Plaintiffs counsel again informed Ms. Smith that Judge Scarborough had granted the motion and that he would be drafting a proposed order. Plaintiffs counsel told Ms. Smith that he would provide her a copy of the proposed order when he provided it to the Court and asked Ms. Smith if she would like him to email and/or mail the copy of the proposed order to Ms. Smith. Ms. Smith stated he did not need to mail her a copy seemingly indicating that email would be sufficient. Plaintiffs counsel stated that upon receiving the proposed order if she wished to comment on it, then she should provide written comments to the Court.
- Ms. Smith stated that she was on the Cooper River Bridge heading to the comihouse eight minutes before 12:00 p.m., and then noted “but you can’t be late for the Judge.”
- Ms. Smith asked how the Judge ruled as to the issue of back rent being owed by her to Plaintiff and stated that she thought it was funny that Plaintiff was requesting that.
- Ms. Smith then discussed specific facts about the case including referencing discovery responses which her former attorney in the matter Allen Toporek had drafted as her counsel and served upon Plaintiff in this matter.4
- In my opinion from observing and speaking with Ms. Smith at this time she understood the facts and situation regarding the case, understood that the Judge had granted the motion, and acknowledged the consequence of not appearing until after the hearing had concluded.
AND FURTHER THE AFFIANT SAYETH NOT.
Kelley E s as Conservator Case Manager for For the Conservatorship of Muriel W. Clarkin
SWORN TO befor me May \ ,,J-2021.
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