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HE STATE OF SOUTH CAROLINA
In the Court of Common Pleas
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APPEAL FROM AIKEN COUNTY
Probate Court
Donald B. Hocker, Special Probate Judge for Aiken County
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Case No. 2002ES02-00489
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Creighton W. Sloan .................... Respondent
VS.
Samuel H. Sloan .......................... Appellant
AFFIDAVIT IN OPPOSITION TO MOTION TO DISMISS APPEAL
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Samuel H. Sloan, being duly sworn, deposes and says:
1. This case comes before this court as an appeal from the Probate
Court. However, I believe that this court should and eventually must
exercise original jurisdiction over this case, because of the unusual
nature and complexity of this case. It is apparent to me that the
decision of Judge Hocker appealed from is a dead letter. It will never
be implemented. Judge Hocker either did not pay close attention or
more likely did not believe the facts presented to him in the hearing
below. I told opposing counsel Catherine Kennedy the first time I
spoke to her after I received the decision that this decision will
never be implemented. I know my brother better than anybody else and I
have good reason for my belief.
2. The litigation between my mother and my brother went on for 16
years from 1986 until her death in 2002. In that entire time, and in
the two years of sparring between them before the litigation started,
Creighton always grabbed and took whatever money of my mother that he
could get his hands on. He never gave anything back. Not one dime was
ever recovered. He also never voluntarily sent her any money, although
he had obtained a freeze on her assets in 1986. In addition, he has
never accounted for any of the funds he took from her. It can be
documented that he started stealing her pension and social security
checks in 1984 after she cut him off after supporting him through
three masters degrees. Creighton got his last masters degree in 1984
and after that she told him that he would have to get a job and she
would not support him any more. He retaliated by trying to get Duke
University Hospital to declare her incompetent, which it did not do.
3. In 1984, her pension and social security checks totaled about $3500
per month. By the time she died, they had increased to $5000 per
month. She was a retired medical doctor who had worked for the
Commonwealth of Virginia, which explains her high checks.
4. After filing the initial case in 1986, when the Virginia court
froze her bank accounts even though she was in the United Arab
Emirates at the time and the court obviously had no jurisdiction over
her, she filed two counter suits against Creighton. One, filed in the
Circuit Court for the City of Charlottesville, Virginia is still
pending. This suit demands an accounting of her funds that he has
taken. He has never provided an accounting.
5. For this reason, it was naive for Judge Hocker to assume that
Creighton would comply with his order of the court. The court order
states that Creighton must either secure a bond for $275,000 or he
must turn over his mother's funds to his lawyer. He has not yet done
either and I am certain that Creighton will never do either. Creighton
testified that he has been bonded in the past. He never said when or
where. However, in none of the cases between himself and his mother
has Creighton ever been bonded. I imagine that a bonding company would
require him to offer his house as security for the bond. That is the
house at 102 Indian Creek Trail which Creighton bought with money he
stole from his mother. It is unlikely that Creighton would be willing
to post his house as a bond.
6. Similarly, knowing Creighton, he will never turn the funds over to
his lawyer. Creighton never turns over his funds to anybody. I doubt
that he even can turn over the funds. He has probably removed them to
a place where I could not find them if I am appointed personal
representative. It can be established that there is at least $200,000
which Creighton has not accounted for. In other words, my mother's
remaining assets were not $275,000 but were at least $475,000. This is
because my mother had $200,000 in Sovran Bank in Lynchburg. Creighton
got a court order freezing those funds and then later by falsely
claiming that he was the conservator whereas the Bank of America was
really the conservator, Creighton removed the $200,000. Nobody knows
what he did with the money. He refuses to account for it. Indeed, it
has been demonstrated that since 1984, Creighton has stolen more than
one million dollars from his mother, if everything is added up, plus
interest.
7. Creighton testified in the court below that Sun Trust was the
successor to Sovran Bank. This was just one of many lies in his
testimony. In actuality, Bank of America is the successor to Sovran
Bank. Thus, the frozen bank account should now be with Bank of America
in Lynchburg. Creighton also testified that the court in Lynchburg had
ordered the transfer of the funds from Sovran Bank to Sun Trust. That
was not true either. There have been no court orders in those
Lynchburg cases since 1990. The $200,000 was still in Sovran Bank in
late 1994 when Massie Ware, then an officer of Sovran Bank, testified
about this in another one of the cases Creighton brought against his
mother in 1994. Creighton had no right to remove funds from the Sovran
bank account, both because it was frozen by court order which he
obtained and because the Bank of America had been the conservator
since April, 1991.
8. Attached hereto as Exhibit A is a motion for judgment Creighton
filed in a new lawsuit against his mother in 1992. In this motion,
Creighton states that he is the conservator appointed by the South
Carolina courts. However, this was a lie. The Bank of America was the
conservator, not Creighton. Attached as Exhibit B is a certification
by the Aiken County Probate Court that the Bank of America has been
the conservator since April 12, 1991. Thus, Creighton lied to the
Virginia court that he was the conservator. Through this lie,
Creighton was able to sell his mother's house in 1993 and dispose of
all her property in a trash dump in 1994. He kept the money. Among the
documents that Creighton put into the trash dump were the meticulous
financial records my mother maintained proving that Creighton was
stealing her money. In addition, all the documents pertaining to our
late father's estate went into the same trash dump. Judge Hocker ruled
that this was irrelevant because it happened a long time ago.
9. Judge Hocker ruled over my strenuous objections that I could not
testify as to the circumstances of my father's death. Those
circumstances were that just before he died my father was "married" in
the Emergency Room of the Lynchburg General Hospital while suffering a
brain seizure and attached to life s
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