Monday, January 14, 2008

The last laugh

Damn creditors:
When I am gone
And you are here,
Left with fewer remedies
To recover your claims,
The earth will chuckle
Through six feet of space
And I will have my final rest
And you may bother someone else
Who still expirates the foul air
And dispairs at the morning light
From your notices and summonses
And causes of futile action.

That chuckle will be my last,
Having no other need for laughter,
And you may ponder my passing
And find rest from your labors
In whatever dreary, desperate sewer in Hell
You may reap your reward.

The earth beneath our feet

Well, I had a closing cancel on me this afternoon. We were waiting on information from the lender in order to enable us to prepare a HUD settlement statement and get the same to the Seller's attorney. Apparently, the lender refused to lend the money necessary for the transaction. This is odd, mainly because we have a strong borrower and don't know what the problem is. My client is checking on this with the lender and I am supposed to hear something tomorrow morning.

Of course, this places a little bit of a hitch in the week this week since I won't have that income from the closing. We shall see what we shall see.

Meanwhile, I finished the title and documentation for the lender for the Martuzas loan next week. I received the title request from the lender this morning. It was strange to drive over to the Henry County Courthouse and the Clerk's Office. I used to do quite a lot of closings out of Henry County. Particularly when Burt Blackmon was the President of BOSCO. I drove over to McDonough and noticed all the changes along the way. It seems like McDonough has a ton of new restaurants opening around the square. I guess you will have your pick on the square in the future. It looks like, however, that the Grits Cafe may have closed. I didn't see its sign.

Anyway, I went into the Courthouse and went to the Clerk's Office. There was hardly anyone in there this afternoon. Maybe four title examiners. I thought I heard Tommy Ellis across the room, but when I went over to the part of the room from which I heard his voice, he was nowhere to be found.

If Henry County is hurting that badly, then we all have reason to hurt. There is some consolation when you realize that everyone is in the same boat. The consolation doesn't last.

Thank God Kate's educational expenses are coming to an end. Come next September all of my notes to United Bank will be paid off. I hope I can continue to keep the wheels grinding steadily until then. I have been fairly successful in paying things off over the past few years. It would be nice to be out from under all of the debt.

On the other hand, I don't think you really ever do that until the final curtain draws to a close. Even then, your debts become the responsibility of someone else. Or the creditors stop harassing, since their ability to communicate with you becomes foreclosed by the six feet of dirt they place between you and the creditor. Creditors do have their limits.

Well, it is the end of the day. I feel like going home, drinking a beer, and worrying about what might be for supper. Cindy is waiting. That is consolation.

Drink a beer. Kiss a wife. Pet a puppy. The triumvirate of afternoon consolation.

Blah, blah, blah

This past weekend ended up being a weekend where Cindy and I stayed around the house and straightened up the downstairs and really didn't leave the house, with the exception of when I walked the dog, went to the grocery, and went to church. Cindy didn't leave the house at all. When I got to the end of the weekend, I wished I had got some physical exercise outside. It was a pretty day with highs in the 60's and sunny. Now it is much cooler and is supposed to get wet by the end of the week.

Next weekend is the poetry seminar for which Cindy bought me a ticket to attend. The seminar will be at the Margaret Mitchell house in Atlanta. I am excited about the prospect. I wonder a little bit about where and how the seminar is conducted.

This is seminar week for me. I have a legal seminar on Thursday. Then I have the poetry seminar on Saturday. I ought to set up another seminar for something else and just make it a total learning experience.

Bill Day is trying to set up a time to go fishing on Friday. That would probably turn out to be a fly fishing seminar. That would be three seminars in a row. Of course, it is supposed to be very cold by the end of the week and even some frozen precip. I don't know how that would work out for fishing. I don't think he is contemplating going ice fishing.

There was good football this past weekend. A couple of the teams which I was pulling for to pull off upsets against the favored teams won, i.e. San Diego against Indianapolis and New York against Dallas. Its not that I really support either of those teams. I just like pulling for the underdog most of the time.

I was thinking about that yesterday afternoon. The teams that I like and support have narrowed over the past years. I used to pretty much like all of the teams in the SEC and several of the teams in the midwest. Over the years, however, I have narrowed my support to mainly the teams for schools for which I have a connection.

I don't even really like to watch football when I don't have a team involved which I care about. Yesterday, I watched the two games I referenced above and both games were good tight ballgames in which the underdog ultimately won. I used to like the Colts and the Cowboys, but my support for them has dwindled over the years.

I used to be a big Cowboys fan back in high school and college. I can pinpoint when my ardor for them began to dissipate. At the end of the 70's and beginning of the 80's the Falcons brought Leeman Bennett in as coach. He immediately had an effect on the team. All of a sudden the team was playing at or near the top of the NFL. In 1980 [Good brother Frank reminded me that the Falcons were beaten by the Cowboys in 1980, not 1982. Frank reads my blog to correct my memory. Thanks, little brother], the Falcons had the best record in football. The team drew a byeweek because of their superior record. In the second round, the team was to play Dallas in Atlanta.

At the beginning of the game, the Falcons went out to a lead on the Cowboys. Unfortunately, the second half was not kind to the Falcons. By the end of the game, Dallas had won by a couple of points, scored in the final minutes. Dallas ended up losing to the Philadelphia Eagles in the NFC championship game the following week, a team which the Falcons matched up with very well and had beaten every time they played in the past. I am convinced that the Falcons would have played in the Super Bowl that year and won. The whole history of the franchise could have changed.

Meanwhile, the Cowboys found success in the 90's but the team wasn't as fun to watch as back in the 70's. I just never really regained my love of America's team.

Meanwhile, the Falcons have played like the tide, vacillating highs and lows, from year to year. Most of the time, it was poor. They had their moments. I still think they should have won the Super Bowl in 1998. I think they left their game on the streets of Miami. Still, that victory over Minnesota was superb. Morten Andersen is still the best. I was so glad when the Falcons brought him back this past year and the year before. All the young kickers they had were pretty miserable. Meanwhile, Morten Andersen had lost some yards on his leg, but could still put them out there consistently on the short and medium range kicks. It was kind of like having your own private George Blanda.

When I was a teenager, the Oakland Raiders had George Blanda as their kicker. George had played for Bear Bryant at Kentucky, graduating around 1948. He had played for the Bears for a long time, then played in the old AFL for Houston and Oakland. In 1970, he had won three football games in a row as a kicker and as a backup quarterback. I remember my dad saying that it was nice to have a player in the league who was about your age. As George Blanda was dad's contemporary NFL player, I guess Morten Andersen is mine.

The Great Dane, that's a good hero to support in your middling years.

Friday, January 11, 2008

A morning in divorce court

The older I get the more some things become a little easier. This morning was a good example. I had a divorce case in Superior Court in front of Judge Edwards. The defendant in the case was unrepresented and had failed to appear at mediation or respond to our efforts to settle this case. The reason why my client had come to the conclusion that it was necessary to file for divorce was because her husband had left her and her five children, quit his job and had habitually spent more time in the ATL than at home with his family. She was working alone to support the family. No longer had his income to help with the effort. In her frustration, she had finally decided to file for divorce.

A few more details. I had first dealt with this couple when I had assisted them with a habitat house, which, of course, is a program where the local chapter builds, sells and finances houses to deserving low-income families, for no interest, at cost. Part of the reason the wife's decision to file against her husband came so slowly was because she was afraid without his income that she really couldn't afford to be without him or to hire me to effectuate it.

Into this milieu comes the local representative for Habitat, who calls me to see if I won't file the divorce case for next to nothing. Being the soft touch that I am, I agree to file it for $100.00.

Then comes the hard part. Trying to find this husband, when he is basically living from place to place. Even later, when he came back home, at night, periodically to sleep in the house, it was still going to be difficult to have him served. As the summer continued, my ability to get him served and get the case finished was a problem.

In the middle of this, my client is coming to my office, or calling me to find out what is going on. Without service, I can't start the process. She is not going to give me anymore money. Then my Habitat rep is calling to find out what the status is.

Then a break. The defendant is arrested and is sitting in jail trying to make bond. Now I can have him served easily. Maybe we can even get the divorce finished before he ever gets out. But at least I can get him served.

So I file the documents. Service is effected. The clock is ticking. I contact the ADR office to get mediation set up or get a release from mediation. Then he gets out of jail; no big deal, we set up a date for mediation.

The day for mediation comes. He calls me on the way to mediation. I tell him he has to show up. He says he can't. He says he can be there in thirty minutes. We arrive at the mediation office and he informs them that he can be there in an hour.

Finally, my client shows some grit and says, "no." Mediation is ended. He has to pay the whole bill on the mediation.

Now we can set it down for a final hearing.

The day arrives and I meet with my client and fill out a support affidavit and child support documentation. We go to court. He is finally present. The case is called. I present the additional documentation to the judge. I begin my case.

As I near the end of my presentation, the judge asks me about a prayer for attorneys fees. I look through my pleadings. There is none. I turn to my client. "Do you want your husband to pay my attorneys fees?"

"Yes."

"How much in attorneys fees did you pay me?"

She gets a very shy look on her face, "How much?"

"Yes, how much did you pay me."

"A hundred bucks?"

"And you want the court to order him to pay my fees?"

"Yes?"

I turn to the judge, "That's our case, your honor."

The judge turns to the defendant, "Do you have any questions for the plaintiff?

The defendant looks up, "Sir?"

A cloud of consternation crosses the judge's face, "This is the time when you can ask the party any questions. Now, you can't testify. If you want to testify, that will happen later."

The defendant's eyes drop to the table in front of him, "I don't guess I have any questions."

The judge looks at me, "Do you have any other evidence?"

"No sir."

"Good. Now, Mr. ________, you filed an answer and you said your wife shouldn't get a divorce. I want you to know that if she wants a divorce I will grant her one. Now, what do you want to tell me."

The defendant is staring at the table in front of him for an answer of some sort. "Well, judge, I just want you to know that I have been taking care of those children and we have been working together...."

The judge cuts him short, "When was the last time you had a full time job?"

"October 2006."

"And what are your prospects for getting another job at this time?"

"Well, I've been working on preparing to get a job."

The judge looks at him critically, "Preparing to get a job? What does that mean?"

"Well, I mean, I am getting ready to get a job."

"Do you have any other place to live at this point?"

"No sir."

"And you didn't appear for mediation and you owe the ADR office $200.00. Is that not right?"

"Well, I couldn't make it to the mediation."

"You had an opportunity to work this out and you didn't take advantage of it, did you?"

The defendant was silent.

With that the judge turned to me. "Tom, you might want to write this down."

"Yes sir."

"This is a temporary order...." and with that the judge lowered the boom on the defendant.

I motioned my client down from the bench. Her eyes were wide. "What is happening?"

"Lets go to my office and I will explain."

With that my day in court basically came to an end. Now if I can just get the defendant to pay my fees.

Friday morning

Last night a band of rains came and it is supposed to be cooler today. I think, however, that most of the cool temperature came to latitudes which are further north than here. It appears that we have a couple more days to go before we get something approaching Winter weather.

In the AJC they had an article about the sprouting of early Spring flowers, like crocus, iris and hyacinth, a good month before they are ordinarily due. I haven't seen these species yet but that doesn't mean they are not there. I might just have to walk around the yard on Saturday morning and take a look.

I would like it to cool off. I think I heard that it is supposed to cool off at least by Sunday.

Apparently, Tex was frightened by the thunder last night and barked enough to awaken Cindy, though not me. He barked enough so that she got up and brought him into the bedroom. He hid under the bed and pooted in the bathroom. He must have really been frightened. What a big baby.

I have a divorce client coming in this morning, and I am expecting her now. However, when I spoke with Patti last night she had said she would be up here around 8:45, which is a little too late for comfort. Besides, I wanted to get her here early so we could prepare a support affidavit. Oh well.

Bobby Burns said, "The best laid plans of mice and men gang aft agley." We'll see what Judge Edwards thinks.

He is a stickler.

Thursday, January 10, 2008

Playing football with Frank

I don't know if I have written about this before, but I was thinking about the only time that my brother, Frank, was allowed to dress out on the same team as me and play at the same time in a football game. Frank is three years younger than me and there was rarely a time when we were roughly the same age and could play together on the same team.

During our little league years, the leagues were divided up by age and weight. Being three years younger than me, Frank was never in a position where he was old enough or heavy enough to play with me. It was only when I was a senior in high school at Dunwoody and Frank was a freshman where he became legally eligible to play on the same team as myself.

You may remember that there have been several significant brother acts in football over the years. When I was younger, the Selmon brothers at Oklahoma and the Hannah brothers at Alabama were notable. There were three Selmon brothers who played at Oklahoma, although the oldest was too old to have played with his younger brothers. Apparently, the Hannah brothers at Alabama had titanic fights with each other when they were little. I remember how big John Hannah was at Alabama and later with the New England Patriots. His little brother, Charlie, was about the same size. That must have been something.

When I was a senior at Dunwoody, Coach Jackson and Coach Sparks decided to dress Frank out for the Johnson High School game in Hall County. Unfortunately, the score of the game was so tight that the starters stayed in the game for its entirety. I know that I only came off of defense for one play when Coach Jackson wanted to yell at me for knocking the ____ out of the punter and being called for roughing the punter.

I will never understand why Coach Jackson did that the way he did. In that game, I had noticed that the Johnson punting formation had a lot of space between the blockers. The snapper had his head between his legs. I felt that if I tried I could probably blow past the personal protectors and block a kick. At the end of the second quarter, and holding onto a 7-0 lead, we held Johnson's offense on downs and they lined up for a punt. On the snap, I blew past the blockers and threw my body in the air toward the punter. My uncle, who was at the game with Mom and Dad and Aunt Meg, thought that the ball went right between my hands as I soared toward the punter. As the ball soared downfield, I slammed my helmet into the chest of the punter. A yellow hankie fell to the ground and the punter got up and said, "Way to go, 65." I realized what had happened and walked back to the huddle, fifteen yards downfield from the previous down.

On the next play, I was so upset with myself that upon the snap, I threw the center to the side and grabbed the quarterback for a five yard loss. I jumped up and stormed back to the huddle for the next play. As I looked to the sideline for the defensive signal, my breath snorting out of my nostrils like a bull, Chris Eidson came in from our sidelines and told me he was taking over for me on the next play. I trotted over to the sidelines to receive the comeuppance Coach Jackson thought I deserved. I never was quite clear why he wasted the sense of self-criticism and anger that I had worked up inside me by taking me out. I was a senior; I knew what I had done.

The same thing had happened in the second game of the season. When I was a junior, I had played both ways and all the kicking teams. Basically, when I came on the field for the opening kickoff, I didn't come off until the end of the game. Except for halftime. I was in the best physical shape I have ever been in in my life.

But when I was a senior, Coach Jackson decided that he wanted me to only play on defense. So, in my senior year, my former life as an offensive guard came to a halt in favor of Tim Evans. Despite this, in the second quarter, Coach Jackson put me in the game for a series. Without having practiced all of the plays with the first string, some of the plays had been changed between my junior and senior year.

On second down, Rik Smith called a play which had been drawn differently in my junior year. The play when I was a junior called for me to pass block on my side of the line. Unbeknownst to me, the play had been changed to require me to pull out in front of the bootlegging quarterback as protection on the pass.

Rik called the signals, the ball was snapped, and I jumped back to block. As Rik faked a running play to my side, he turned to get smashed by the defensive end on the opposite side, who had no one blocking him at the time time.

We returned to the huddle and one of the linemen whispered to me that I was supposed to pull and block the guy who had made the tackle. As that piece of information melted into my brain, Rik called a screen pass to my side.

We broke the huddle and I was trying to listen for the signals through the inner monologue of self-loathing I was running from the previous play. The ball was snapped. We held for three counts, then ran over to the right flat. Rik threw the ball to Gary Defillipo behind me, and I slammed my body into the cornerback and safety who were coming up to make the tackle. As the two defenders went flying out of bounds from my block, Gary cut past me and ran about forty yards down the sideline, to be tackled by the free safety inside the ten. As I trotted down toward the new huddle, Tim Evans returned to the huddle to take my place.

When I got to the sidelines, Coach Jackson grabbed my arm and blistered my ears for missing the block on the bootleg play the play before. There wasn't anything to say.

At any rate, the Johnson game came and went, we won on a missed two point conversion by Johnson in the fourth quarter, 7-6. After the game, we celebrated messing up their Homecoming game, only to find the hot water in the visiting lockerroom showers had been turned off. It didn't matter. We later went to the Golden Rule restaurant and ate fried chicken and peas and mashed potatoes and greens and drank sweet tea. I remember Mr. Burns, the vice-principal, asking me if I thought I got fifteen yards' worth out of that punter. Under the circumstances, I was willing to agree that I did.

But Frank didn't get into the game that night. It would be later in the last game when Frank would get in the game with me. Ironically, when he got into the game, I didn't even know he was in the game until after the play was over. It was only later in the game, when the decision was no longer in doubt, that Coach Sparks put Frank back into the game and we were able to play together as the team we were.

That is a fond memory. Too bad there weren't any other games when we could have played together. Of course, I went off to W&L and Frank finished his football career at Dunwoody. I will say it is nice to know that for almost ten years, only a Baynham wore the number 65. Even that changed after awhile, when someone else was allowed to wear 65 other than Frank or me.

I guess neither Frank nor I made enough of a splash to make anyone remember the Baynham brothers at Dunwoody High School.

Birthdays and numerology, TB style

Today is Kate's birthday. She is twenty two, or one year past full adulthood. Unfortunately, Kate is at school today and has three (?) classes to attend before she can celebrate in full. I am not sure how Kate will celebrate in full. I understand there is a party in which the participants are to dress up like clergy or tarts. That is the rumor. Her mother says Kate intends to dress like Brittany Spear's little sister. I guess since Brittany is now officially a 'former celebrity', she is no longer fair game. That means that her little sister is the official celebrity-hog in the family. Perhaps their mother needs to take this post over since she is the official creator of the mess in the first place.

The official sports figure for the number twenty two is Dave Debusschere, a former forward for the New York Knicks back in the sixties and seventies. He was the other forward with Bill Bradley, later a Senator from New Jersey.

I often sit in front of Deal or No Deal when they show it at night and designate sports figures for the numbers. Some of the numbers don't have names, but most do. Here is a list of my numbers and designated names for the ones I know.

1 Ozzie Smith
2
3 Babe Ruth
4 Brett Farve
5 Harmon Wages or Paul Hornung
6 Bill Russell or Al Kaline
7 Mickey Mantle, of course
8 Yogi Berra
9 Ted Williams
10 Fran Tarkenton and Walt Frazier
11 Randy Johnson, first quarterback for Falcons
12 Joe Namath, Kenny Stabler, and I think, Steve Sloan
13 Frank Ryan
14 Craig Morton
15 Bart Starr
16 Len Dawson
17 Don Meredith
18 Dave Cowens
19 Lance Alworth and Lance Rentzel
20 My number in high school basketball ("Tuna")
21 Dominique Wilkins
22 Dave Debusschere
23 Michael Jordan
24 Mike Flynn (my favorite point guard for Kentucky)
25 My number in the one year I played receiver in football
26 Herb Adderly
27 Juan Marichal
28
29
30 Dan Reeves
31 Jimmy Taylor and William Andrews
32 Jim Brown
33 Duane Thomas
34 Herschel Walker, not Bo Jackson
35 Phil Neikro
36 Macarthur Lane
37
38
39 Larry Czonka
40 Bill Bates (for getting run over by Herschel as a senior for UT) and Gale Sayers
41 Phil Villipiano
42
43 Cliff Harris
44 Hank Aaron
45
46 Craig Baynham
47 My first number in college
48
49
50 Greg Brezina
51 Dick Butkus
52
53
54 Chuck Howley
55 Lee Roy Jordan and Greg Lilly (my roommate and teammate in college)
56
57 Jeff Van Note
58 Jessie Tuggle
59
60 Tommy Nobis
61
62
63 Fuzzy Thurston
64 Jerry Cramer
65 My number in high school football (also Frank Baynham's number)
66 Gene Hickerson
67
68
69
70 Frank Baynham, while playing with me against the Chamblee Bulldogs in my last high school football game (a victory) and only football game in our careers in which we both played at the same time.

I could try to go on from here but it would be silly. I think if I thought about it I could come up with a few more. I am also sure that some of my friends could help me with this.