IN THE SUPERIOR COURT OF DEKALB COUNTY

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STATE OF GEORGIA
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JOHN C. JOYNER as Guardian of the Property of JEAN CAFFREY, Incapacitated Adult Plaintiff, vs. JAMES B. STEGEMAN Defendant

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CIVIL ACTION FILE NUMBER 02-CV-9732

DEFENDANT'S ANSWER, DEFENSE AND COUNTERCLAIIV! Comes now, the Defendant, JAMES B. STEGEMAN and files his Answer and Counterclaim to Plaintiff's Complaint as follows: FIRST DEFENSE Plaintiff's complaint fails to state a claim for which relief can be granted. SECOND DEFENSE Defendant responds to the specific allegations in Plaintiff's Complaint as follows:
1.

Defendant admits paragraph 1 of Plaintiff's complaint.
2.

Defendant admits paragraph 2 of Plaintiff's complaint.
3.

Defendant admits paragraph 3 of Plaintiff's complaint.

4. Defendant admits paragraph 4 of Plaintiff's complaint.

5.
Defendant denies the allegations in paragraph 5 of Plaintiff's complaint.

6.
Defendant admits paragraph 6 of Plaintiffs complaint. 7. Defendant denies the allegations in paragraph 7 of Plaintiff's complaint as stated.

8.
Defendant denies the allegations in paragraph 8 of Plaintiff's complaint as stated.
9.

Defendant denies the allegations in paragraph 9 of Plaintiff's complaint as stated. 10. Defendant denies the allegations in paragraph 10 of Plaintiff's complaint as stated. 11. Defendant denies the allegations in paragraph 11 of Plaintiff's complaint. 12. Defendant denies the allegations in paragraph 12 of Plaintiff's complaint.

13.
Defendant denies the allegations in paragraph 13 of Plaintiff's complaint. 14. Defendant denies the allegations in paragraph 14 of Plaintiff's complaint. 15. Defendant denies the allegations in paragraph 15 of Plaintiff's complaint. 16. Defendant denies the allegations in paragraph 16 of Plaintiff's complaint. 17. Defendant denies the allegations in paragraph 17 of Plaintiff's complaint. 18. Defendant denies the allegations in paragraph 18 of Plaintiff's complaint. 19. Defendant denies the allegations in paragraph 19 of Plaintiffs complaint. 20. Defendant denies each and every allegation in Plaintiff's complaint not specifically admitted.

COUNTERCLAIM TO ASCERTAIN RIGHT OF OWNERSHIP OF ASSETS Comes now, JAMES B. STEGEMAN and sets forth his complaint against JOHN JOYNER as Guardian of the Property of Jean Caffrey, an incapacitated adult, and respectfully show this Court as follows:

1. The Defendant resides at 821 Shepphard Road, Stone Mountain, Georgia 30083, Dekalb County, Georgia.
2.

The Plaintiff, JOHN JOYNER, resides in Dekalb County and currently the Guardian of the Property of Jean Caffrey, an incapacitated adult. He is a

resident of Dekalb County.
3.

Jean Caffrey resides at 5190 Sheppard Court, Stone Mountain, Georgia 30083, Dekalb County, Georgia. Her present location is unknown.
4.

Jurisdiction and venue ~sproper in this court.
5.

Defendant has been caring for Jean Caffery since 1997. Jean Caffrey is James B. Stegeman's aunt. physically disabled.
6.

She is currently ninety-one (91) years old and is

Defendant, James B. Stegeman and Jean Caffrey have always had a good relationship.
7.

In ~ovember

1992, Jean Caffrey Quit Claimed property to Defendant,

James B. Stegeman as joint tenants with right of survivorship. (See Exhibit "A").

8.

The property described

in Exhibit "A" and jointly owned by James B.

Stegeman and Jean Caffrey was eventually sold in May 1997.
9.

The proceeds from the sell of the jointly owned property were used to open an account at First Union.

10.
This account is jointly owned by James B. Stegeman and Jean Caffrey. 11. A portion of the money from the sell of the property in 1997 was used to buy Jean Caffrey a home that she wanted. 12. Jean Caffrey also opened an annuity account with James B. Stegeman named as the survivor of that account. 13. Defendant took care of Ms. Caffrey's every need. 14. In January 1998, Ms. Caffrey gave Defendnt, James B. Stegeman a

Durable Power of Attorney to handle her affairs. (See Exhibit "B"). 15. Ms. Caffrey was of sound mind when she signed and executed Exhibits "A", and "8" and each document was signed freely and voluntarily and without duress.

16.
An emergency petition for guardianship of Jean Caffrey's property was

filed in Dekalb County Probate Court in June 2002 by the Department of Family and Children Services. 17. The petition alleged that Jean Caffrey is physically disabled and afraid of her nephew and that she no longer wants him to manage her finances. 18. A hearing was held in Probate Court and Defendant, James B. Stegeman was not allowed to present evidence regarding his ownership of money, stock and investments. 19. The Probate Court was without jurisdiction and failed to hear evidence of Mr. Stegeman's ownership of the assets. 20. The Court appointed John Joyner, County Guardian to be emergency guardian of the property of Jean Caffrey, a gravely incapacitated adult on June

14,2002.
21. This Judgment in affect deprived Defendant of his property without due process of law.

22.
The guardian has taken Defendant, James B. Stegeman's name off of

every ban~ account and has removed other items belonging to Defendant from the Caffrey whatsoever. 23. The Guardian's Stegeman's credit. 24. Mr. Stegeman needs this Court to intervene and enjoin the Guardian from further depriving Mr. Stegeman of his rightful and legal assets and to ascertain the respective assets of each party. WHEREFORE, Defendant prays that: actions have ultimately ruined Defendant, James B. residence. Mr. Stegeman has no access to his legal funds,

a) b)
c)

Defendant's counterclaim be granted; Plaintiff's complaint be dismissed; That the court ascertain the respective assets of Defendant and the ward, Jean Caffrey;

d)

That the Guardian be enjoined from using or wasting funds or assets until the respective assets of each party is ascertained;

e)

That Defendant be awarded attorneys fees' and

f)

That such other and further relief as the Court may deem proper and just be awarded.

~

PATTIE J. W)lUAMS Georgia State Bar No. 763505 Attorney for Plaintiffs
400 West Crogan Street Lawrenceville, Georgia 30045 770.513.1900

STATE OF GEORGIA COUNTY OF GWINNETT

VERIFICATION
Personally appeared before the undersigned officer, authorized by law to administer oaths, the undersigned Affiant, who on oath deposes and says the facts set forth in the foregoing pleadings are true and correct.

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Sworn to C;:lndubscribed to before me s

,2002.
NOTARY PUBLIC My Commission Expires:

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STATE OF GEORGIAIYOV /2 '.J r;;'l. ·:,'btrt'lCLAIM DEED FOR JOIl"I' TENl\.NrS II .WI rif-RIGHT-'QF-SU RV IVORSHIP-----COUNTYOF DEKALa;n.£/iM' /1 ItS flit .;;----.--------------. f\ Or J~

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day of ~ This Indenture, made t~f~ ~~ 1992, between JEAN STEGEMAN CAFFREY, party of the

, first part, of the for one

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and JEAN STffiEMA.N CAFFREYand JAMES B. STEGEMAN,partiy second
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part,

as joint their joint survivor

tenants lives,

with then

right

of survi vorship of either

and during of them,

upon the death

to the

of them.
~;!;'1:~££!!!!:

JEAN STffiEMANCAFFREY, for and AFFECTION and other is hereby acknowledged, valuable does

and in consideration consideration, grant,

for

LOVE whereof unto

receipt

hereby

bargain,

convey

JEAN STEl3EM!\N CAFFREY and JAMES B. with and, them, and right of survivorship, of either together and to described for

STEGEMAN, s joint a their to the joint

tenants lives, of

and during then

upon the death in fee right simple,

of them, with the

survivor

every heirs

contingent and assigns

remainder of said

of reversion, the following

survivor,

property:

All that real estate situated and being in Land Lots fifty-nine and sixty (59 and 60) of the Eighteenth (18) District of DeKalb Cbunty, Georgia, and being part of Lot One (1) and Lot Two (2) in Block "B" of Clairmont Acres described as follows: BEGINNING at a point on the East side of Clairmont Road Five Hundred (SOD) feet Northwesterly from a point where the North side of Peachtree Creek intersects the Eastern side of Clairmont Road, said distance being measured along the East side of said Clai rmont Road and running thence Northwest along the Easterly side of Clairmont Road Eighty-nine (89) feet to an iron pin corner; thence Northeasterly Ninety-one (91) feet to an iron pin corner; thence northeasterly again Two Hundred and Fortyeight (248) feet to an iron pin corner; thence Southerly One Hundred (laD) feet to a corner; Thence Southwesterly Th ree Hundred (300) feet to the East side of Clairmont Road and the point of beginning, having located thereon a house known as :fIl661 (formerly 111723) Clairmont Road, according to the .present system of numbering houses in the City of Decatur and suburbs. The above-described property is more particularly described in a certain plat made by L. H. Fitzpatrick, C.E., of the property of John C. and. Jean Stegeman Caffrey dated December, 1958. TO HAVE AND TO HOLD said singular easements, wise the and rights, members, property, together with all and

hereditaments, thereunto

improvements, or in any

appurtenances unto

belonging part,

appertaining

the party

of the second

as joint

80m: 7 4b4PAGE

4 79

tenants lives, survivor

with and of

right upon the

of survivorship, death of either

for of

and during them, with then every heirs

their to

joint the

them in fee

simple,

together

contingent and assigns

remainder and right of said survi vor.

of reversion,

and to the

IN WITNESS WHEREOF, the her hand and seal

party

of the first

first

part

has

set

the day and year

above written.

51 GNED, SEALEDAND DELIVERED IN 'llIE P RESEN::E OF:

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FILED AND RECORDED

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.J DVRABLEI'OWER OF A'ITORNEY

CLERK OF SUPERIOR

COURT

DEKALB COUNTY, GEORGIA

KNOW ALL MEN BY THESE PRESENTS, that I Jean S. Caffrc:y, of5190 Sheppard Court, Stone Mountain, GA 30083 do hereby make, constitute and appoint James B. Stegeman of821 Sheppard Road, Stone Mountain, GA 30083 my true and lawful ~lttorney for me and in my name, place and stead, and in my behalf, and for my use and benefit: ] _ To exercise or perform any act, power, duty, right or obligation whatsoever that I now have, or may hereafter acquire the legal right, power, or capacity to exercise or perform, in connection with, arising from, or relating to any person, item, transaction, thing, business, property, real or personal, tangible or intangible, or matter whatsoever. 2_ To request, ask, demand, sue for, recover, collect, receive, and hold, possess and invest all sums of money, debts, commercial paper, checks, drafts, accounts, deposits, bequests, devises, notes, interests, bonds, dividends, certificates of deposit, any and all documents of title, choses in action, and demands whatsoever, whether agreed to or disputed, as now are, or shall hereafter become, owned by, or due, owing payable, or belonging to, me or in which I have or may hereafter acquire any interest, to have, or use; and take all lawful means and equitable and legal remedies, procedures, and writs in my name for the collection and recovery thereof, and to adjust, sell, compromise. and agree for the same; and to make, execute, and deliver for me, on my behalf, and in my name, all endorsements, releases, receipts, or other proper discharges for the same as if done by me personally. To maintain, repair, improve, manage, insure, rent, lease, grant, bargain, sel!, exchange, pledge and contract for all of the foregoing, and in any way or manner delll with all or any part of any real or personal property whatsoever, tangible or intangible. or any interest therein, that I now own or may hereafter acquire, in my behalf, and in my name; and to effect any or all of the above-described transactions to any entities on such terms and at prices my attorney-in-fuct may deem proper, and in my name to make, execute, acknowledge and deliver any deed of conveyance or other instrument, necessary to effect such transactions; and to ask for, demand, sue for, collect, recover and receive all monies which may become due and owing to me by reason of such transaction.
3,

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4. To conduct, engage in, and transact any and all lawful business of whatever nature or kind for me, on my behalf and in my name. 5. To receive, deposit, hold, invest or cash all payments which I re~ive from Social Security, Medicare or any other government program or agency, annuities, pension and retirement benefits, insurance benefits and proceeds and to request, ask, demand, sue for and recover same. 6. To make, receive, sign, endorse, execute, acknowledge, deliver, and possess such applications, contracts, agreements, options, covenants, conveyances, deeds, trust deeds, security agreements, bills of sale, leases, mortgages, assignments, insurance policies, bills oflading, warehouse receipts, documents of title, bonds, debentures, checks, drafts, bills of exchange, letters of credit, notes, stock certificates, proxies, warrants, commercial paper, receipts, withdrawal receipts and deposit instruments relating to accounts or deposits in, certificates of deposit of, or investments

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GEORG1A, DEKAlB COUNTY
I HEREBY CERTIFY THE WITHIN AND FOREGOING

TO BE A TRUE. CORRECT AND COMPLETE COpy OF BOOK G ~\ \ PAGE;::;t2 ~ a~pORD THIS IN IN '~E rN ,~R1G1NALH~nAPPEARS T

ThislOAYOF

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, DEKALB
COUNTY,

SUPERIOR GEORGIA

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with or through banks, savings and Joan brokers, mutual fund companies associations, proofs of loss, evidences of debts, releases, and satisfaction judgments, security agreements and other debts and obligations and such writing of whatever kind and nature as may be necessary or proper in the and powers herein granted.

or other institutions or of mortgages, lien, other instruments in exercise of the rights

7. To enter any safe deposit box, vault or other storage area leased by me alone or in conjunction with any other person, to sign such documents as may be necessary to gain access to same, and to examine, remove and keep the contents of same fully as I could ifI were present. 8. To prepare, or cause to be prepared, federal, state and local tax returns and Internal Revenue Service, state and local powers of attorney; to execute and file federal, state and local tax returns on my behalf and in my name; to respond to notices and audit inquiries and to senle tax disputes. 9. To deal with and elect options under retirement plans including but not limited to annuities, pension plans, profit sharing plans, individual retirement accounts, roll overs, transfer and voluntary contributions of same; to apply for and maintain life insurance; to complete charitable contributions;' to make statutory elections and disclaimers; and to settle, pursue, or appeal litigation on my behalf and in my name. 10. To make, execute, deliver and complete gifts of my property, whether real or personal, tangible or intangible, and without regard to whether such gifts are a part of estate planning or otherwise, and regardless ofwbether such gifts are a part of a panern begun by me. II. I grant to said attorney full power and authority to do, take, and perform, all and every act and thing whatsoever requisite, proper, or necessary to be done, in the exercise of any ofthe rights and powers herein granted, as fully for all intents and purposes as I might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that said attorney, or his substitute or substitutes, shall lawfully do or cause to be done by vinue of this power of attorney and the rights and powers herein granted .
..

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12. No person shall be required to inquire as to the circumstances of the issuance or use of this instrument or as to the disposition of any proceeds paid to my attorney based on this instrument. 13. This is a durable power of attorney. The rights, powers, and authority of my agent shall commence and be in full force and effect on the date of execution ofthis instrument, and such rights, powers, and authority shall remain in full force and effect thereafter until my death. This power of attorney shall not terminate on my subsequent disability or incapacity. As used herein, "disability" or "incapacity" shall mean that my ability to receive and evaluate information effectively or to communicate decisions, or both, is impaired to such an extent that I lack the capacity to manage my financial resources as determined by the certification of one licensed physician, and shall include by inability to take actions due to involuntary detention or disappearance, as determined by affidavit of one party with knowledge regarding the same. I hereby waive any physician-client privilege for this limited purpose and authorize the disclosure or such certification by the physician to my agent for use by that person as necessary hereunder.
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BOOK!J~~JlrAG:(}~(J

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14. I also grant to my attorney the authority to pay reasonable compensation to my attorney and to people assisting my attorney, and to reimburse my attorney for any reasonable expense incurred. Ifthis Durable Power of Attorney is terminated by operation oflaw, any person acting in reliance upon it without notice of such termination shall be held harmless. The enumeration of specific terms, rights, acts or powers is not intended to limit the definition or scope of powers granted herein. Caffrey has executed this Durable Power of Attorney on

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Notary's Acknowledgment

State of County of

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On this ~21 <h.u LYY8, before me personally appeared Jean S. Caffrey, to me known tothat the person and who executed the foregoing instrument and acknowledged to me be Jean S. Caffrey executed the same as his free act and deed .

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