You are on page 1of 7

IN THE SUPERIOR COURT OF DEKALB COUNTY

STATE OF GEORGIA
}
}
Plaintiff,
}
}
v.
}
Robert M. DiNapoli,
}
James Cook (New Owner 05/20/2015); }
}
Regina McDaniel ( New Owner
}
05/20/2015);
}
John Doe 1, (alleged purchaser of
DiNapoli property: 811 Sheppard Rd., }
}
Stone Mountain, GA 30083),
}
Jane Doe 1-10,
}
John Doe 1-10,
}
}
Defendants
James Stegeman,

CIVIL ACTION
FILE NO.: 15-cv-6717

PLAINTIFFS NOTICE OF FILING PETITION AND


PETITION PURSUANT TO O.C.G.A. 41-2-8 THROUGH 41-2-17,
AND SPECIFICALLY O.C.G.A. 41-2-9(a)(3)
__________________________________________________________________
COMES NOW, Plaintiff, James B. Stegeman, who respectfully files this
Plaintiffs Notice of Filing Petition and Petition Pursuant to O.C.G.A. 41-2-8
Through 41-2-17, and Specfically O.C.G.A. 41-2-9(a)(3), and shows this Court
the following pertinent facts:
BRIEF BACKGROUND OF PROCEEDINGS AND EVENTS
Plaintiff filed this civil action on June 19, 2015 after 2.5 years of attempting
to deal with a health hazard, and nuisance from the property located directly next
to his own.
Although there was a rumor that the property had sold, Plaintiff, just in case,

had made provisions in his complaint to accommodate the unknown defendants, by


inclusion of Doe defendants.

The previous owner, Robert DiNapoli

(DiNapoli), was still living at the property, and Defendant John Doe 1 (Doe-1)
was regularly working at the property, and was present at the property when the
Sheriffs Office attempted service on DiNapoli and Doe-1 June 23, 2015. Doe-1
lied to the Deputy, and told him that DiNapoli had moved, left no forwarding
address, and that he did not know who Doe-1 was. The Deputy left, service not
perfected.
On June 24, 2015 the Court held a hearing and told Plaintiff, that unless
someone is served, he could do nothing without a defendant, and Denied Plaintiffs
Verified Emergency Temporary Restraining Order.
Plaintiff diligently attempted to find out if the property had sold, and who
the new owners were, if it were a fact. Because there had been nothing filed into
DeKalb County Georgia Records, indicating a sale had taken place, Plaintiff had
no way to find out, whether there had been a sale, and who the new owners were.
Plaintiff further had attempted to find out the true name of Doe-1, and address for
him.
When Plaintiff could not find out the true identity of Doe-1, and with
DiNapoli still hiding inside the house next door, Plaintiff came to the Court on July
14, 2015 and filed Motion for Service by Alternative Means, with the required
Affidavit, Exhibits A-D, and proposed Order Granting the Motion. The Motion
was ignored.
Plaintiff continued attempting to find the names and identities of the Doe
Defendants, and a way to get DiNapoli and the party defendants served with
2

summons and complaint. Plaintiff has been unsuccessful. August 6, 2015 after
continually studying the statutes, and case law, Plaintiff e-filed Motion for Service
by Publication. As of todays date, Plaintiff has heard nothing from the Court on
his Motions concerning service of process.
August 08, 2015, the DeKalb County Georgia Records, finally indicated that
the 811 Sheppard Rd. property had in fact sold around May 20, 2015. Plaintiff was
able to obtain the names of the two buyers. Regina McDaniel and James Cook.
Plaintiff filed an Amended Verified Complaint on August 09, 2015, and named two
of the Doe defendants. Plaintiff obtained Summons from the Clerk and set out to
find the newly named defendants.
On August 12, 2015 Doe-1 and several other people showed up at 811
property. They stayed there several hours, and when they left, they removed
DiNapoli from the property, boarded the windows and doors, and left a little before
nightfall. Oddly, DiNapoli took no clothes, and none of the belongings.
August 13, 2015 Plaintiff filed Notice of Lis Pendens 1 on the property 811
Sheppard Rd. Stone Mountain, GA 30083. Plaintiff has noticed that the Docket
Report reflects that the Notice of Lis Pendens reflects for Robert DiNapoli,
which is incorrect. The nuisance was on-going when McDaniel and Cook became
the owners, and the nuisance has been allowed to continue. The newly named
defendants are part of this suit, and they are also guilty of the continuing nuisance.
1 Lis pendens [Latin a pending lawsuit]. 1. A pending lawsuit. 2. The

jurisdiction, power, or control acquired by the court over property while a legal
action is pending. 3. A notice, recorded in the chain of title to real property,...to
warn all persons that certain property is the subject matter of litigation, and that
any interests acquired during the pendency of the suit are subject to its outcome.
Blacks Law Dictionary (7th Ed.), pp. 942-943.
3

Furthermore, DiNapoli is no longer the owner of record, that would mean that the
Lis Pendens is for nothing, which clearly is not the case.
Plaintiff was able to located Regina McDaniel, who was served by approved
process server on August 24, 2015, proof of service immediately filed on August
25, 2015 into the case. James Cook has been impossible to locate and serve. The
process server said that McDaniel mentioned James Cooks name to another party
present when she was served with summons and complaint. There are many, many
James Cooks in Georgia. Without any possible way to locate the proper James
Cook, Plaintiff is again at a loss to serve the remaining known defendants.
August 27, 2015, around 10:00 PM, a Gwinnett County Police Car pulled up
out front of Plaintiffs property. He went to see what was up. The Officer had
brought DiNapoli to the property, and let him out, they took boxes of paperwork
out of the back seat. DiNapoli ended up being arrested for breaking into the
property, he remained in jail until September 5, 2015.
Plaintiff has no way to find out where DiNapoli has gone. DiNapoli has no
family living in Georgia, and no one Plaintiff has talked with knows where
DiNapoli has gone. Defendant Doe-1 may be Mike or Michael Cook, son of
James Cook, the co-buyer of the 811 Sheppard Rd property. Plaintiff has been
unable to confirm the name or whereabouts of Mike/Michael Cook. There are
many, many Mike/Michael Cooks in Georgia making it extremely difficult to
determine the proper entity. Plaintiff has a friend that does skip tracing, but
without more information, neither James, nor Michael Cook can be located with
certainty. They have effectively avoided service.
The Court has ignored two different motions seeking alternative service
4

and/or service by publication. Plaintiff cannot locate the remaining defendants,


one defendant has been served with summons and complaint.
PETITION PURSUANT TO O.C.G.A. 41-2-9(a)(3)
Plaintiff, in accordance with O.C.G.A. 41-2-9(a)(3) drew up a petition
seeking demolition of the property located at 811 Sheppard Rd., Stone Mountain,
GA 30083. The Petition has been signed by 19-20 neighbors.
Plaintiff attempted to take care of the problems with the property through
Code Enforcement for two years while DiNapoli was living there. The Board of
Health had orally instructed DiNapoli and his workers in 2008, to stay out of the
property, that it constituted a Health Hazard, and caused the property to be closed
up. That inspector left to work for the FBI.
Before DiNapoli moved into the property, after the property being vacant for
26 years, Plaintiff told DiNapoli, that legally there needed to be a thorough
inspection, and a Certificate of Occupancy obtained, before DiNapoli could occupy
the property. DiNapoli ignored Plaintiff.
DiNapoli rerouted the water before the meter so he could have free water.
There is no septic system at the property. Doe-1 ran new septic lines, using
glorified french drain tile, known as EZ Drain, as described in the Complaint.
There is no electricity run to the house, severed at the pole. There is no electric
meter or gas meter on the house, there is no sanitary facilities, no sewage, and the
sheetrock is suspected to be asbestos. The house constitutes a health hazard.
After the property changed hands, it was the responsibility of McDaniel and
Cook to clean the property up, they had DiNapoli as a tenant, and he was allowed
to remain at the property with (suspected) asbestos drywall, no working sanitary
5

facilities, no power, no gas. That would explain why the recorded documents
indicate that DiNapoli received no money from McDaniel and Cook, he gave the
property to them. No money changed hands, other than what is shown on the
Warranty Deed. The property was a gift. Exhibit A
Plaintiff has the necessary pictures to support his claims. Doe-1 insisted that
his uncle works for Board of Health, and that he can do as he pleases. Apparently
he was telling the truth. Plaintiff has been retaliated against, whenever he has
made a complaint to either Code Compliance or Board of Health. That does not
work for the residents of Stone Mountain, as proved by the signatures on the
Petition.

Whether the house is boarded up or not, it is an eye soar, it is

uninhabitable, and it decreases Plaintiffs property value.

CONCLUSION
Plaintiff has filed with this Notice, a copy of the Petition with signatures.
Plaintiff holds the original, and if and when the Court decides to act, Plaintiff will
6

file the Original for the court. Plaintiff moves this Honorable Court, to take this
matter seriously, and take whatever measures will ensure that this property is dealt
with in a legal and timely manner. One of the owners has now been served with
Summons and Complaint, and is receiving a copy of this Notice and Petition. The
property was a gift to defendants McDaniel and Cook due to the fact that the
property is uninhabitable.
Respectfully submitted, this 8th day of September, 2015

By: ____________________________
James Stegeman
821 Sheppard Rd.
Stone Mountain, GA 30083
(404) 801-4110

CERTIFICATE OF SERVICE
I hereby Certify, that I have, this 8th day of September, 2015, served a true
and correct copy of the foregoing Notice and Petition upon the one served
defendant, by causing the same to be sent USPS, First Class Mail, with postage
prepaid as follows:
Regina McDaniel
2279 Fieldstone Dr., S. E.
Conyers, GA 30013

_____________________
James Stegeman